Skip to main content

Full text of "Acts and resolves passed by the General Court"

See other formats 


'W' 


m: 


Ar 


ACTS 


AND 


RESOLVES 


PASSED    BY    THE 


tocral  C|0ttrt  of  ^mmt\inuii%, 


IN    THE    YEAR 


1911, 


TOGETHER    WITH 

THE    CONSTITUTION,     THE     MESSAGES    OF     THE     GOVERNOR, 
LIST    OF    THE    CIVIL    GOVERNMENT,    TABLES    SHOWING 
CHANGES    IN    THE    STATUTES,    CHANGES    OF 
NAMES    OF    PERSONS,    ETC.,    ETC. 


PUBLISHED    BY    THE 

SECRETARY  OF  THE   COMMONWEALTH. 


BOSTON : 

WRIGHT    &    POTTER    PRINTING    CO.,    STATE    PRINTERS, 

18  Post  Office  Square. 

1911. 


A    CONSTITUTION 


OK 


FORM   OF    GOVERKMENT 


FOR 


QII|?  ©nmmnnutpaltli  of  iiaaaarliuHPtts 


PREAMBLE. 

The  end  of  the  institution,  maintenance,  and  adniinistra-  objects  of 
tion  of  government,  is  to  secure  the  existence  of  the  bodj  go^erument. 
politic,  to  protect  it,  and  to  furnish  the  individuals  who 
compose  it  with  the  power  of  enjoying  in  safety  and  tran- 
quillity their  natural  rights,  and  the  blessings  of  life  :  and 
whenever  these  great  objects  are  not  obtained,  the  people 
have  a  right  to  alter  the  government,  and  to  take  meas- 
ures necessary  for  their  safety,  prosperity,  and  happiness. 

The  body  politic  is  formed  by  a  voluntary  association  Body  politic, 
of  individuals  :  it  is  a  social  compact,  by  which  the  whole  it^^atu?^!'^" 
people  covenants  with  each  citizen,  and  each  citizen  with 
the  whole  people,  that  all  shall  be  governed  by  certain 
laws  for  the  common  good.  It  is  the  duty  of  the  people, 
therefore,  in  framing  a  constitution  of  government,  to  pro- 
vide for  an  equitable  mode  of  making  laws,  as  well  as  for 
an  impartial  interpretation  and  a  faithful  execution  of 
them ;  that  every  man  may,  at  all  times,  find  his  security 
in  them. 

We,  therefore,  the  people  of  Massachusetts,  acknowl- 
edging,  with  grateful  hearts,  the  goodness  of  the  great  ^ 
Legislator  of  the  universe,  in  affording  us,  in  the  course 
of  His  providence,  an  o])portunity,  deliberately  and  peace- 


CONSTITUTION   OF   THE 

ably,  without  fraud,  violence,  or  surprise,  of  entering  into 
an  original,  explicit,  and  solemn  compact  with  each  other; 
and  of  forming  a  new  constitution  of  civil  government, 
for  ourselves  and  posterity ;  and  devoutl}^  im{)loring  His 
direction  in  so  interesting  a  design,  do  agree  upon,  ordain, 
and  establish,  the  following  Declaration  of  liights,  and 
Frame  of  Government,  as  the  Constitution  of  the  Com- 
monwealth OY  Massachusetts. 


Equality  and 
natural  rights 
of  all  aien. 


Right  and  dutj- 
of  public  relig- 
iouM  worship. 
Protection 
therein. 
2  Cush.  104. 
12  Allen,  129. 


Amendments, 
Art.  XI.  eubsti 
tuted  for  thlt<. 


Legiilature 
erapoweieil  to 
compel  provi- 
bIoii  f(jr  public 
worship ; 


PART    THE    FIRST. 

A  Declaration  of  the  lligJtts  of  the    Inhahitants  of  the 
Commonwealth  of  Massachusetts. 

Article  I.  All  men  are  born  free  and  equal,  and  have 
certain  natural,  essential,  and  unalienable  rights  ;  among 
which  may  be  reckoned  the  right  of  enjoying  and  defend- 
ing their  lives  and  liberties ;  that  of  acquiring,  possess- 
ing, and  protecting  property  ;  in  fine,  that  of  seeking  and 
o])taining  their  safety  and  happiness. 

II.  It  is  the  rioht  as  well  as  the  duty  of  all  men  in 
society,  publicly,  and  at  stated  seasons,  to  worsliip  the 
Supreme  Being,  the  great  Creator  and  Preserver  of  the 
universe.  And  no  subject  shall  be  hurt,  molested,  or 
restrained,  in  his  person,  liberty,  or  estate,  for  worship- 
ping God  in  the  manner  and  season  most  agreeable  to  the 
dictates  of  his  own  conscience  ;  or  for  his  religious  pro- 
fession of  sentiments  ;  provided  he  doth  not  disturb  the 
l)ublic  peace,  or  obstruct  others  in  their  religious  worship. 

HI.  [As  the  hap})iness  of  a  people,  and  the  good  order 
and  lu'eservation  of  civil  government,  essentially  depend 
upon  piety,  religion,  and  morality;  and  as  these  cannot 
be  generally  diffused  tlu'ough  a  community  but  by  the 
institution  of  the  })ublic  worship  of  God,  and  of  })ublic 
instructions  in  piety,  religion,  and  morality  :  Therefore, 
to  promote  their  happiness,  and  to  secm-e  tlie  good  order 
and  i)rcservatioii  of  their  government,  the  jx'ople  of  this 
connnomvealth  have  a  right  to  invest  their  legislature  Avith 
power  to  authorize  and  r('(|uiro,  and  the  legislature  shall, 
from  time  to  time,  authorize  and  require,  the  several  towns, 
parishes,  jirecincts,  and  other  l)()dies  politic,  or  religious 
societies,  tx)  make  suitable  provision,  at  their  own  expense, 
for  the  institution  of  the  jyublic  worship  of  God,  and  for 


COMxMONWEALTII   OF   MASSACHUSETTS.  5 

the  support  and  maintenance  of  public  Protestant  teachers 
of  piety,  reliijion,  and  morality,  in  all  cases  where  such 
provision  shall  not  be  made  voluntarily. 

And  the  people  of  this  connnonwealth  have  also  a  right  atte"ifdance^°*° 
to,  and  do,  invest  their  legislature  with  authority  to  enjoin  thereon. 
upon  all  the  subjects  an  attendance  upon  the  instructions 
of  the  public  teachers  aforesaid,  at  stated  times  and  sea- 
sons, if  there  be  any  on  whose  instructions  they  can  con- 
scientiously and  conveniently  attend. 

Provided,  notwithstanding,  that  the  several  towns,  par-  Exclusive  right 
ishes,  precincts,  and  other  bodies  politic,  or  religious  socie-  fousteache'rV^' 
ties,  shall,  at  all  times,  have  the  exclusive  right  of  electing  ^«<="'"^'^- 
their  public  teachers,  and  of  contracting  with  them  for 
their  support  and  maintenance. 

And  all  moneys  paid  by  the  subject  to  the  support  of  ^^ompTrochiai 
public  worship,  and  of  the  public  teachers  aforesaid,  shall,  p^lfi^^^tegg® 
if  he  require  it,  be  uniformly  applied  to  the  support  of  the  etc. 
public  teacher  or  teachers  of  his  own  religious  sect  or  de- 
nomination, provided  there  be  any  on  whose  instructions 
he  attends  ;  otherwise  it  may  be  paid  towards  the  support 
of  the  teacher  or  teachers  of  the  parish  or  precinct  in  which 
the  said  moneys  are  raised. 

And  every  denomination  of  Christians,  demeaning  them-  ah  denomina- 
selves  peaceabl}^  and  as  good  subjects  of  the  commonwealth,  protected!  ^ 
shall  be  equally  under  the  protection  of  the  law :  and  no  litbmdlnatiou 
subordination  of  any  one  sect  or  denomination  to  another  anotherp^rV-° 
shall  ever  be  established  by  law.]  hibited. 

IV.  The  people  of  this  commonwealth  have  the  sole  Right  of  self 

,  T        •  •     T   ,        n.  -ii  1  i?  government 

and  exclusive  right  ot  governing  tnemselves,  as  a  tree,  secured, 
sovereign,  and  independent  state  ;  and  do,  and  forever 
hereafter  shall,  exercise  and  enjoy  every  power,  jurisdic- 
tion, and  right,  which  is  not,  or  may  not  hereafter  be,  by 
them  expressly  delegated  to  the  United  States  of  America, 
in  Congress  assembled. 

V.  All  power  residing  originally  in  the  people,  and  ^f^'an^o^ffl^jrs*^ 
being  derived    from   them,  the    several   magistrates  and  etc. 
officers  of  government,  vested  with   authority,  whether 
legislative,  executive,  or  judicial,  are   their   substitutes 

and  agents,  and  are  at  all  times  accountable  to  them. 

VI.  No  man,  nor  corporation,  or  association  of  men,  services ren. 
have  any  other  title  to  obtain  advantages,  or  particular  pubHc^bebig 
and  exclusive  privileges,  distinct  from  those  of  the  com-  p^cuiiir p Jivi-° 
munity,  than  what  arises  from  the  consideration  of  ser-  taf^^officetllre 
vices  rendered    to    the  public;    and    this    title    being  in  absurd  and 

•ii  1  T  ••iij  I'll  unnatural. 

nature  neither  hereditarv,  nor  transmissible  to  children. 


6  CONSTITUTIOX   OF   THE 

or  descendants,  or  relations  by  blood,  the  idea  of  a  man 
born    a    magistrate,  lawgiver,  or  judge,  is    absurd    and 
unnatural. 
Objects  of  gov-       YIl.     Government  is  instituted  for  the  common  <rood  ; 

ernment;  right  ,  .  .  /»    i 

of  people  to  for  the  protection,  saietv,  prosperity,  and  happiness  ot  tiie 
change  it.  pcoplc  ;  and  not  for  the  profit,  honor,  or  private  interest 

of  any  one  man,  family,  or  class  of  men  :  Therefore  the 
people  alone  have  an  incontestable,  unalienable,  and  inde- 
feasible right   to  institute  government ;    and   to  reform, 
alter,  or  totall}'^  change  the  same,  when  their  protection, 
safety,  prosperity,  and  happiness  require  it. 
tofecurVrouF-'^      YIII.     lu  ord'cr  to  prevent  those  who  are  vested  with 
tion  in  office,      uuthority  froiii  becomiiig  oppressors,  the  people  have  a 
right,  at  such  periods  and  in  such  manner  as  they  shall 
establish   bv  their  frame  of  government,  to  cause  their 
public  officers  to  return  to  private  life  ;    and    to  fill  up 
vacant  places  by  certain  and  regular  elections  and  appoint- 
ments. 
qui'iiSfu?^       IX.     All  elections  ought  to  be  free  ;  and  all  the  inhab- 
Tuall'-'^litgibie  itauts  of  tliis  coiimion Wealth,  having  such  qualifications  as 
to  office.  For    they  sliall  establish  by  theu'  frame  of  government,  have  an 
•'inhabitant,"     eoual  rio'ht  to  clcct  officcrs,  and  to  be  elected,  for  public 

see  Ch.l,  Sect.  i        '^        , 

2,  xVrt.  11.  employments .  122  Mass.  595, 596. 

Right  of  protec-      j^      Each  individual  of  the  societv  has  a  right  to  be 

tion  and  duty  of  »  "i   •       t^       i 

contribution  protcctcd  by  it  m  the  enjoyment  ot  his  life,  liberty,  and 

Taxation  propcrty,  accordiug  to  standing  Uiws.     He  is  obliged,  con- 

cousenf  °"  sequeiitlv,  to  contribute  his  share  to  the  expense  of  this 

Ti'id^^'iis''''  protection  ;  to  give  his  personal  service,  or  an  equivalent, 

7  Pick!  344.  when  necessary  :  but  no  ])art  of  the  property  of  any  indi- 

12  Picli  1S4  467        .  ."^        .  .  11.^  ..'_ 

16 1'icis'.  87.'  *  vidual  can,  with  justice,  be  taken  from  him,  or  ap])lied  to 
7MJt.'388!  ■  iMil)!ic  uses,  without  his  own  consent,  or  that  of  the  repre- 
7  Gray', sr/j!  sciitative  body  of  the  people.  In  fine,  the  people  of  this 
i4(iray,]54.  .    commonwcalth  arc   not   controllable    by  any  other    laws 

1  Allen,  loO.  ... 

4  Allen,  474.  than  thosc  to  wliicli  their  constitutional  roprosentativc 
rrty"!ot'to°be  '>ody  liavc  glvcii  their  consent.  And  Avhenever  the  ^lub- 
taken  for  public  ][c  exii>encies  require  that  the  proi)erty  of  any  individual 

une8  without,  111  .  11..' 

etc.  should  be  ai)|)r()i)riated  to  public  uses,  he  shall  receive  a 

8  Cush.  327.  11  .  1  ,. 

14  (Jray,  155.      rcasoiuiole  compensation  theretor. 

16  Gray,  417, 

431.  1  Allen,  150.  103  Mebb.  120, 624.      113  Mass.  45.  127  Mass.  60,  52, 

11  .\llon,  530,  106  Mass.  35f>,  362.      116  Mass.  463.  358,  363,  410,  413. 

12  Allen,  223,  230.  108  Mass.  202,  213. '    126  Mass.  428,  441.      129  Mass.  059. 
100  Mass.  544,  560.  HI  Mass.  130. 

Jlcoursrt'o'iL        ^^-     Every  subject  of  the  commonwealth  ought  to  find 

lonM.'i"u;''uuu'''   '^  <"<^"i"tain  rcniedy,  by  having  recourse  to  the  laws,  for  all 

prompt.  injuries  or  wrongs  which  he  may  receive  in  his  person, 

proi)erty,   or  character.       He  ouiiht  to  obtain  riiiht  and 


COMMONWEALTH  OF  MASSACHUSETTS.  7 

justice  freely,  and  without  being  obliged  to  purchase  it ; 
completely,  and  without  any  denial ;  promptly,  and  with- 
out delay  ;  conformably  to  the  laws. 

XII.  No  subiect  shall  be  held  to  answer  for  any  crimes  Prosecutions 
or  oflence,  until  the  same  is  fully  and  plainly,  substantially  8P^ck.2u, 
and  formally,  described  to  him ;  or  be  compelled  to  accuse,  is  pick.  434. 
or  furnish  evidence  against  himself.     And  every  subject  fultzis!^' 
shall  have  a  right  to  produce  all  proofs  that  may  be  favor-  \^Q^lf\^^^- 
able  to  him  :  to  meet  the  Avitnesses  against  him  face  to  face,  I  Gray',  leo. 
and  to  be  fully  heard  m  his  defence  by  hmiseli,  or  his  looray.ii. 
counsel,  at  his  election.     And  no  subject  shall  be  arrested,  2  AUeif.'sei.' 
imprisoned,  despoiled,  or  deprived  of  his  property,  immu-  ^m^2u,'42%' 
nities,  or  privileges,  put  out  of  the  protection  of  the  law,  t2\i]en,i7o. 
exiled,  or  deprived  of  his  life,  liberty,  or  estate,  but  by  the  S7  kaes.'sTo, 
judijment  of  his  peers,  or  the  law  of  the  land.  100 Mass.  287, 

107  Mass.  172,  180.   118  Mass.  443,  451.    122  Mass.  332.    127  Mass.  550,  554.    103  Mass.  418. 

108  Mass.  5,  6.      120  Mass.  118,  120.   124  Mass.  464.    129  Mass.  559. 

And  the  legislature  shall  not  make  any  law  that  shall  ^^,^y*jy°i^"^^ 
subiect  any  person  to  a  capital  or  infamous  punishment,  criminal  cases, 

tf  *y       ■*-  ■*■  ■*■  GXCGPt    etc 

exceptino;  for  the  o-overnment  of  the  army  and  navy,  with-  s  ora.v,  3^29, 373. 

,    ^  .    1*^         .  *  -^  ^  103  Mass.  418. 

out  trial  by  jur}^ 

XIII.  In  criminal  prosecutions,  the  verification  of  facts,  Cnmes  to  be 
in  the  vicinity  where  they  happen,  is  one  of  the  great-  ^iSnity!" 

est  securities  of  the   life,  liberty,  and  property  of  the  i2T'Ma8B!*6i,62. 
citizen . 

XIV.  Every  subject  has  a  right  to  be  secure  from  all  Slffiiu^e^'*'^ 
unreasonable  searches,  and  seizures,  of  his  person,  his  ^^^^^"g^''*^^^  g 
houses,  his  papers,  and  all  his  possessions.     All  warrants,  Amend'tiv. '' 
therefore,  are  contrary  to  this  right,  if  the  cause  or  founda-  scush.seb. 
tion  of  them  be  not  previously  supported  by  oath  or  afEr-  L^Gray,^454. 
mation,  and  if  the  order  in  the  warrant  to  a  civil  officer,  to  Joo'Mas^s'.lfe 
make  search  in  suspected  places,  or  to  arrest  one  or  more  J^g-j^^^g  269 
suspected  persons,  or  to  seize  their  property,  be  not  accom-  273. 
panied  with  a  special  designation  of  the  persons  or  objects 

of  search,  arrest,  or  seizure  ;  and  no  warrant  ought  to  be 
issued  but  in  cases,  and  with  the  formalities  prescribed  by 
the  laws. 

XV.  In  all  controversies  concerning  property,  and  in  Right  to  trial 
all  suits  between  two  or  more  persons,  except  in  cases  in  exclp'^etc"^  ' 
which  it  has  heretofore  been  otherways  used  and  practised,  Amend^t vil' 
the  parties  have  a  right  to  a  trial  by  jury  ;  and  this  method  2  ^i^^-|^^- 
of  procedure  shall  be  held  sacred,  unless,  in  causes  arising  ^^^ray,  144. 

^11-1  1  1  1    .        .  •  »  8  Gray,  373. 

on  the  him  seas,  and  such  as  relate  to  mariners  wages,  11  Alien,  574, 

.  •         577 

the  legislature  shall  hereafter  find  it  necessary  to  alter  it.  io2Mass. 45,47. 

114  Mass.  388,  390.      122  Mass.  505,  516.      125  Mass.  182, 188. 
120  Mass.  320,  321.      123  Mass.  590,  593.      128  Maes.  600. 


8 


COXSTITUTIOX   OF   TPIE 


Liberty  of  the 
press. 


Right  to  keep 
aiicl  bear  arms. 
Standing  armies 
dangerous. 
Military  power 
subordinate  to 
civil, 
o  Gray,  121. 


Moral  qualiti ca- 
tions for  office. 


Moral  obliga- 
tions of  law- 
givers and 
magistrates. 


Right  of  people 
to  instruct  rep- 
resentatives 
and  petition 
legislature. 


Power  to  sus- 
pend the  laws 
or  their  execu- 
tion. 


Freedom  of  de- 
bate, etc.,  and 
reason  thereof. 


Frequent  ses- 
sions, and  ob- 
jects thereof. 


Taxation 
founded  on 
consent. 
8  Allen,  247. 


XVI.  The  liberty  of  the  press  is  essential  to  the  secu- 
rity of  freedom  in  a  state  :  it  ouffht  not,  therefore,  to  be 
restrained  in  this  commonwealth. 

XVII.  The  people  have  a  right  to  keep  and  to  bear 
arms  for  the  common  defence.  And  as,  in  time  of  peace, 
armies  are  danoerous  to  liberty,  thev  oug-ht  not  to  be 
maintained  without  the  consent  of  the  legislatm'e  ;  and 
the  military  power  shall  always  be  held  in  an  exact  subor- 
dination to  the  ciyil  authority,  and  be  g-oyerned  by  it. 

XVIII.  A  frequent  reciuTcnce  to  the  fundamental 
principles  of  the  constitution,  and  a  constant  adherence 
to  those  of  piety,  justice,  moderation,  temperance,  indus- 
try, and  frugality,  are  absolutely  necessary  to  preserve  the 
advantaofes  of  liberty,  and  to  maintain  a  free  goyernment. 
The  people  ought,  consequently,  to  have  a  particular  atten- 
tion to  all  those  principles,  in  the  choice  of  their  officers 
and  representatives  :  and  they  have  a  right  to  requfre  of 
their  lawo-ivers  and  magistrates  an  exact  and  constant 
observance  of  them,  in  the  formation  and  execution  of  the 
laws  necessary  for  the  good  administration  of  the  common- 
wealth. 

XIX.  The  people  have  a  right,  in  an  orderly  and  peace- 
able manner,  to  assemble  to  consult  upon  the  common 
good  ;  give  instructions  to  their  representatives,  and  to 
request  of  the  legislative  body,  hj  the  way  of  addresses, 
petitions,  or  remonstrances,  redress  of  the  wrongs  done 
them,  and  of  the  oTievances  they  suffer. 

XX.  The  power  of  suspending  the  laws,  or  the  execu- 
tion of  the  laws,  ought  never  to  be  exercised  but  by  the 
legislature,  or  by  authority  derived  from  it,  to  be  exer- 
cised in  such  particular  cases  only  as  the  legislature  shall 
expressh'  provide  for. 

XXI.  The  freedom  of  deliberation,  speech,  and  debate, 
in  either  house  of  the  legislature,  is  so  essential  to  the 
rights  of  the  people,  that  it  cannot  be  the  foundation  of 
any  accusation  or  prosecution,  action  or  complaint,  in  any 
other  com-t  or  place  whatsoever. 

XXII.  The  legislature  ought  frequently  to  assemble 
for  the  redress  of  grievances,  for  correcting,  strengthening, 
and  confirming  the  laws,  and  for  making  new  laws,  as  the 
common  good  may  require. 

XXin.  Xo  subsidy,  charge,  tax,  impost,  or  duties 
ought  to  be  established,  fixed,  laid,  or  levied,  under  any 
pretext  Avhatsoever,  without  the  consent  of  the  people  or 
their  representatives  in  the  legislature. 


COMMONWEALTH   OF   :MASSACHUSETTS.  9 

XXIY.     Laws  made  to  punish  for  actions  done  before  ex post. facto 
the  existence  of  such  laws,  and  Avhich  have  not  been  de-  i^^AUen,  42if  * 

11*1  1-1  •        i  '  42-t   42S   434 

dared  crimes  by  preceding  laws,  are  unjust,  oppressive,      '     '     ' 
and  inconsistent  with  the  fundamental  principles  of  a  free 
government. 

XXV.  Xo  subject  ought,  in  any  case,  or  in  any  time,  Legislature  not 
to  be  declared  guilty  of  treason  or  felony  by  the  legis-  treaso^.'^etc. 
lature. 

XXVI.  Xo  magistrate  or  coiu-t  of  law  shall  demand  o/flne^g'^and^ 
excessive  bail  or  sureties,  mipose  excessive  fines,  or  inflict  cruei  punish. 

-,  .    ■,  ments,  pro- 

cruel  or  unusual  punishments.  5  Gray,  482.  hibited. 

XXVII.  In  tmie  of  peace,  no  soldier  ought  to  be  quar-  xo  eoidiertobe 
tered  in  any  house  without  the  consent  of  the  owner  ;  and  houfeTunies^^ 
in  time  of  war,  such  quarters  ought  not  to  be  made  but  ^**' 

bv  the  civil  maofistrate,  in  a  manner  ordained  bv  the  lesfis- 
lature . 

XX^'111.     Xo  person  can  in  any  case  be  subject  to  law-  citizens  exempt 
martial,  or  to  any  penalties  or  pains,  by  virtue  of  that  law,  tia°Cuni^"sT,*etc. 
except  those  employed  in  the  army  or  navy,  and  except 
the  militia  in  actual  service,  but  bv  authoritv  of  the  lecris- 
lature. 

XXIX.  It  is  essential  to  the  preservation  of  the  riofhts  judges  of  eu- 
of  every  individual,  his  life,  liberty,  property,  and  charac-  LTt'^"*"*"*^ 
ter,  that  there  be  an  impartial  interpretation  of  the  laws,  f  Gr*a''v  ^472. 
and  administmtion  of  iustice.     It  is  the  rio-ht  of  everv  i-fH^°'^o-" 

.    .  .     -,  .      -,  1  .  ."-^  .         '      '  Allen,  38o. 

Citizen  to  be  tried  by  judges  as  free,  impartial,  and  inde-  ^^-^  ^.fj^*- ^i^, 
pendent  as  the  lot  of  humanity  will  admit.     It  is,  therefore,  Tenure'of  their 
not  only  tlie  best  policy,  but  for  the  secui'ity  of  the  rights  °  '^^' 
of  the  people,  and  of  every  citizen,  that  the  judges  of  the 
supreme  judicial  coiu"t  should  hold  their  offices  as  long  as 
thev  behave  themselves  well :  and  that  thev  should  have 
honorable  salaries  ascertained  and  established  bv  standinff  Salaries, 
laws . 

XXX.  In  the  government  of  this  commonwealth,  the  Separation  of 
legislative  department  shall  never  exercise  the  executive  cfarandV^s.'* 
and  judicial  powers,  or  either  of  them  :  the  executive  shall  menfg.''®^^'^ 
never  exercise  the  legislative  and  judicial  powers,  or  either  'l'^2)ieu  '°Ui 
of  them:  the  iudicial  shall  never  exercise  the  lesfislative  s Alien', 247^53. 

1  .  .1  ,.1  .   >-  T     .      100  Mass.  282, 

and  executive  powers,  or  either  ot  them  :  to  the  end  it  2S6. 

,  X      J?  T  1  J.     ^  IW  Mass.  247, 

mav  be  a  o;overnment  ot  laws  and  not  01  men.  249. 

116  Mass.  317.  129  Maes.  559. 


10 


COXSTITUTIOX   OF   THE 


PART    THE    SECOXD. 

The  Frame  of  Government. 

politic ^ ^"'^^  The  people,  inhabiting  the  territory  formerly  called  the 

Province  of  Massachusetts  Bay,  do  hereby  solemnly  and 
mutually  agree  with  each  other,  to  form  themselves  into  a 
free,  sovereign,  and  independent  body  politic,  or  state,  by 
the  name  of  The  Commojtwealth  of  Massachusetts. 


CHAPTER   I 


Legislative 
department. 


For  change  of 
time,  etc.,  see 
amendments, 
Art.  X. 


Governor's 

veto. 

99  Mass.  636. 


Bill  may  be 
passed  by  two- 
thirds  of  each 
house,  notwith- 
etaudiag. 


THE    LEGISLATIVE    POWER. 

Section  I. 
TJie  General  Court. 

Article  I.  The  department  of  legislation  shall  be 
formed  bj^two  branches,  a  Senate  and  House  of  Represent- 
atives ;  each  of  which  shall  have  a  negative  on  the  other. 

The  legislative  body  shall  assemble  every  3'^ear  [on  the 
last  Wednesday  in  May,  and  at  such  other  times  as  they 
shall  judge  necessary  ;  and  shall  dissolve  and  be  dissolved 
on  the  day  next  preceding  the  said  last  Wednesday  in 
May ;]  and  shall  be  styled,  The  General  Court  of 
Massachusetts  . 

II.  No  bill  or  resolve  of  the  senate  or  house  of  repre- 
sentatives shall  become  a  law,  and  have  force  as  such,  until 
it  shall  have  been  laid  before  the  governor  for  his  revisal ; 
and  if  he,  upon  such  revision,  approve  thereof,  he  shall 
signify  his  approbation  by  signing  the  sunie.  But  if  he 
have  any  objection  to  the  passing  of  such  bill  or  resolve,  he 
shall  return  the  same,  together  with  his  objections  thereto, 
in  writing,  to  the  senate  or  house  of  representatives,  in 
whichsoever  the  same  shall  liave  ori2:inated  ;  who  shall 
enter  the  objections  sent  down  by  the  governor,  at  large, 
on  their  records,  and  proceed  to  reconsider  the  said  bill  or 
resolve.  But  if  after  such  reconsideration,  two-thirds  of 
the  said  senate  or  house  of -representatives,  shall,  notwith- 
standing the  said  objections,  agree  to  pass  the  same,  it 
shall,  together  with  the  objections,  be  sent  to  the  other 
branch  of  tin;  legislature,  where  it  shall  also  be  reconsid- 
ered, and  if  a})}n'oved  by  two-thirds  of  the  members  pres- 
ent, shall  have  the  force  of  a  law :   but  in  all  such  cases, 


COMMONWEALTH   OF   MASSACHUSETTS.  11 

the  votes  of  both  houses  shall  be  determined  by  yeas  and 
nays  ;  and  the  names  of  the  persons  voting  for,  or  against, 
the  said  bill  or  resolve,  shall  be  entered  upon  the  public 
records  of  the  commonwealth.  „ 

1    1  •!•  1  '11   T^or  exception 

And  in  order  to  prevent  unnecessary  delays,  it  any  bill  in  case  of  ad- 
or  resolve  shall  not  be  returned  by  the  governor  within  the'ge'^erai" 
five  days  after  it  shall  have  been  presented,  the  same  sliall  the  five  da>", 
have  the  force  of  a  law.  3  Mass.  567.         _  Srirt.  i. 

III.  The  general  court  shall  forever  have  full  power  General  court 
and    authority  to  erect   and    constitute   judicatories   and  j^idLatoAes"  ^ 
com-ts  of  record,  or  other  courts,  to  be  held  in  the  name  ord'etc.* '^^''" 
of  the  commonwealth,  for  the  hearing,  trying,  and  deter-  i.2^JrJy,^i47, 
mining  of  all  manner  of  .crimes,  oflfences,  pleas,  processes,  is-i. 
plaints,  actions,  matters,  causes,  and  things,  whatsoever, 

arising  or  happening  within  the  commonwealth,  or  between 

or  concerning  persons  inhabiting,  or  residing,  or  brought 

within  the  same  :  whether  the  same  be  criminal  or  civil, 

or  whether  the  said  crimes  be  capital  or  not  capital,  and 

whether  the  said  pleas  be  real,  personal,  or  mixed  ;  and 

for  the  awarding  and  making  out  of  execution  thereupon. 

To  which  com*ts  and  judicatories  are  hereby  given  and  ^.^''''administer 

granted  full  power  and  authority,  from  time  to  time,  to  oaths. 

administer  oaths  or  affirmations,  for  the  better  discover}^ 

of  truth  in  any  matter  in  controversy  or  depending  before 

them. 

IV.  And  further,  full  iDower  and  authority  are  hereby  General  court 

-  -,,.-,  I  J      1'  j_-  i.      may  enact  laws, 

given  and  granted  to  the  said  general  court,  irom  time  to  etc. 
time  to  make,  ordain,  and  establish,  all  manner  of  whole-  4:A\\In,iiz. 
some  and  reasonable  orders,  laws,  statutes,  and  ordinances,  237^^^^°'  ^"^' 
directions  and  instructions,  either  with  penalties  or  with-  100  Mass.  544, 
out;  so  as  the  same  bo  not  repugnant  or  contraiy  to  this  ne Mass. 467, 
constitution,  as  they  shall  judge  to  be  for  the  good  and     may  enact 
welfare  of  this  commonwealth,  and  for  the  government  repugnlntto* 
and  ordering  thereof,  and  of  the  subjects  of  the  same,  and  g^2ii°°®"5'^f°°' 
for  the  necessary  support  and  defence  of  the  government 
thereof;  and  to  name  and  settle  annually,  or  provide  by     may  provide 

£>         ^     ^  ij-         ^^  •  ^  ij.i*  n        •     m        m  for  tbe  election 

iixed  laws  lor  the  naming  and  settling,  all  civil  omcers  or  appointment 
within  the  said  commonwealth,  the  election  and  consti-  ll5°MaB8^602. 
tution  of  whom  are  not  hereafter  in  this  form  of  govern- 
ment otherwise  provided  for  ;  and  to  set  forth  the  several  th^r^^^fe?."^* 
duties,  powers,  and  limits,  of  the  several  civil  and  military 
officers  of  this   commonwealth,  and   the   forms    of  such 
oaths  or  affirmations  as  shall  be  respectively  administered 
unto  them  for  the  execution  of  their  several  offices  and 
places,  so  as  the  same  be  not  repugnant  or  contrary  to 


12  CONSTITUTION   OF   THE 

may^mpose'^*  this  coiistitution  ;  and  to  impose  and  levy  proportional 
taxes, etc.         jmd  reasonable  assessments,  rates,  and  taxes,  upon  all  the 

12  Mass. 'Jo2.  ...  .,  ,  ,  -j  ,  ■■■  ,     . 

5  Allen, 428.  inlial)itants  01,  and  persons  resident,  and  estates  lying, 
8 Allen,' 247,*253.  within  the  Said  commonwealth;  and  also  to  impose  and 
11  AiieD,' 268.'  levy  reasonable  duties  and  excises  upon  any  produce, 
235^2m"'24o'^^^'  goods,  warcs,  merchandise,  and  commodities,  whatsoever, 
3i3'5uo'6i2'  brought  into,  produced,  manufactured,  or  being  Avithin 
98  Mass.  19.       tlic  saiiic  I  to  bc  issucd  and  disiwsed  of  by  warrant,  under 

100  Mass.  285,  i  j  ^ 

101  Mass!  575'     tlic  liaud  of  tlic  govcmor  of  this  commonwealth  for  the 


585 


& 


los'Mass.  267.  tiiiic  bciug,  with  the  advice  and  consent  of  the  council, 
114  Mass.  388,     ^'^j,  ^1^^  public  scrvicc,  in  the  necessary  defence  and  sup- 

118 Mass' 386*  P^^^  ^^  ^^c  govemmeut  of  the  said  commonwealth,  and 
i23Mas8  493  ^^^  protcction  and  preservation  of  the  subjects  thereof, 
495.  '     accordinjy  to  such  acts  as  are  or  shall  be  in  force  within 

127  Mass.  413.         ,  '^ 

may  impose      tUe  SaillC  • 

disposed'o/fo^*  -^i^d  while  the  public  charges  of  government,  or  any 
UM"etc'  P''"*'^'''  part  thereof,  shall  be  assessed  on  polls  and  estates,  in  the 
8 Alien, 247, 256.  manner  that  has  hitherto  been  practised,  in  order  that 
Elites  once  in  such  assessiiients  may  be  made  with  equality,  there  shall 
leasCwhiie^tc.  ^^  ^  Valuation  of  estates  within  the  commonwealth,  taken 
126 Mrs's^MV  anew  once  in  every  ten  years  at  least,  and  as  much  oftener 
as  the  general  court  shall  order. 

For  the  authority  of  the  general  court  to  charter  cities,  see  amendments,  Art.  II. 


CHAPTER   I. 

Section  II. 

Senate. 

orandby"""""      ARTICLE  I.     [Thcrc  sliall  bc  annually  elected,  by  the 
whom  elected,    freeholders  and  other  inhabitants  of  this  commonwealth, 

Bui)erneded  "Y  ^     ■,  .  t      -,       , 

amendments,     (|ualined  as  lu  this  coustitutiou  IS  provided,  lorty  persons 
which  was  also  to  bc  couucillors  and  senators  for  the  year  ensuing  their 
amMi'dme'ilts'!^    clcction  ;  to  bc  chosen  by  the  inhabitants  of  the  districts 
Art. XXII.        jj^j.^  which  the  commonwealth  may,  from  time  to  time,  be 
divided  b}^  the  general  court  for  that  ])uri)ose  :  and  the 
general  court,  in  assigning  the  numbers  to  be  elected  by 
the  respective  districts,  shall  govern  themselves  by  the  pro- 
portion of  the  public  taxes  paid  by  the  said  districts  :  and 
For  provision  as  timely  make  known  to  the  inhabitants  of  the  common- 

to  coiiiicillorH,  1  "i       1        T       •  .  1      T         • 

nee  amend-         Avcalth  tiic  liiuits  ot  cacli  district,  and  the  number  oi  coun- 

XVI.'  cillors  and  senators  to  be  chosen   therein  ;   providi'd,  that 

the  number  of  such  districts  shall  never  be  less  than  thir- 


COMMONWEALTH   OF   MASSACHUSETTS.  13 

teen  ;    and  that  no  district  be  so  large  as  to  entitle  the 
same  to  choose  more  than  six  senators. 

And  the  several  counties  in  this  commonwealth  shall,  dutSuntii, 
until  the  general  court  shall  determine  it  necessary  to  etc. 
alter  the  said  districts,  be  districts  for  the  choice  of  coun- 
cillors and  senators,  (except  that  the  counties  of  Dukes 
County  and  Nantucket  shall  form  one  district  for  that  pur- 
pose) and  shall  elect  the  following  number  for  councillors 
and  senators,  viz.  :  —  Suftblk,  six  ;  Essex,  six  ;  Middlesex, 
five  ;  Hampshire,  four  ;  Plymouth,  tlu'ee  ;  Barnstable,  one  ; 
Bristol,  three  ;  York,  two  ;  Dukes  County  and  Nantucket, 
one  ;  Worcester,  five  ;  Cumberland,  one  ;  Lincoln,  one  ; 
Berkshu'e,  two.] 

11.     The  senate  shall  be  the  first  branch  of  the  legislat-  Jf^eof choosing 
ure  ;  and  the  senators  shall  be  chosen  in  the  following  man-  senators  and 
ner,  viz.  :  there  shall  be  a  meeting  on  the  [first  Monday  in  amendments, 
April,]  annually,  forever,  of  the  inhabitants  of  each  town  xv!' a's'*" 
in  the  several  counties  of  this  commonwealth  ;  to  be  called  amendmeX, 
by  the  selectmen,  and  warned  in  due  course  of  law,  at  ^^'■*;?^^/^^g ^^^ ^^ 
least  seven  days  before  the  ffirst  Monday  in  April,]  for  qualifications  of 

•{,  L  ''  1  voters,  Buper- 

the  purpose  ot  electing  persons  to  be  senators  and  coun-  sededbyamend- 
cillors  :    [and  at  such  meetino-s  every  male  inhabitant  of  iii.,  xx., 

.  •  XXVTTT 

twenty-one  years  of  age  and  upwards,  having  a  freehold  xxx.,xxxi. 
estate  within  the  commonwealth,  of  the  annual  income  of  word^hihabi- 
three  pounds,  or  any  estate  of  the  value  of  sixty  pounds,  l^^e^islfam^end 
shall  have  a  rio'ht  to  o'ive  in  his  vote  for  the  senators  for  ments,  Art. 

o  o  XX I II.   which, 

the  district  of  Avhich  he  is  an  inhabitant.]     And  to  remove  wis  annulled  by 
all  doubts  concerning  the  meaning  of  the  word  ' '  inhabi-  12  dray,  21.' 
tant"  in  this  constitution,  every  person  shall  be  considered  122 Mass.  095, 
as  an  inhabitant,  for  the  purpose  of  electing  and  being- 
elected  into  any  office,  or  place  within  this  state,  in  that 
town,  district,   or  plantation  where  he  dwelleth,  or  hath 
his  home. 

The  selectmen   of  the   several  towns  shall  preside  at  ^f  gi^"®?^"^^ 
such  meetings  impartially ;  and  shall  receive  the  votes  of  meetings. 
all    the  inhabitants  of  such  towns  present  and  qualified 
to  vote  for  senators,  and  shall  sort  and  count  them    in 
open  town  meeting,  and  in  presence  of  the  town  clerk,  Return  of  votes, 
who  shall  make  a  fair  record,   in  presence  of  the  select- 
men, and  in  open  town  meeting,  of  the  name   of  every 
person  voted  for,  and  of  the  number  of  votes  against  his 
name  :  and  a  fair  copy  of  this  record  shall  be  attested  by  As  to  cities,  see 

Jimf*TlflTTI  flits 

the  selectmen  and  the  town  clerk,  and  shall  be  sealed  up,  Art.  11. 
directed  to  the  secretary  of  the  commonwealth   for   the 
time  being,  Avith  a  superscription,  expressing  the  purport 


14 


CONSTITUTION   OF   THE 


Time  clinnced 
to  tiiHt  W'ediies- 
day  of  Juniiury. 
See  nmeiui- 
meiitB,  Art.  X. 


Inhabitants  of 
\inincorporuted 
pluutatione, 
wlio  pay  Htute 
taxes*,  may  vote. 


Plantation 
meetings. 
Time  of  eiec- 
tioii  cliun)j;ed  by 
anioudments, 
Art.  XV. 
AsBeseors  to 
notify,  etc. 


Governor  and 
council  to  ex- 
amine and  count 
votes,  and  insue 
BuminonKcs. 
'i'inie  clumtjed 
to  liiHt  WeilnoB- 
diiy  in  January 
I)yanieiidment8, 
Art.  X. 
Majority 
chan^ceii  to 
plurality  by 
amenduicnts, 
Art.  XIV. 


Senate  to  bo 
final  jud^o  of 
eloctioUH,  etc., 


of  the  contents  thereof,  uiid  delivered  by  the  town  clerk 
of  siu'h  towns,  to  the  sherilf  of  the  county  in  which  such 
town  lies,  thirty  days  at  least  before  [the  last  Wednes- 
day in  May]  annually  ;  or  it  shall  be  delivered  into  the 
secretary's  oflice  seventeen  days  at  least  before  the  said 
[last  Wednesday  in  May:]  and  the  sheriff  of  each  county 
shall  deliver  all  such  certificates  by  hini  received,  into 
the  secretary's  office,  seventeen  days  before  the  said  [last 
AYedncsday  in  May.] 

And  the  inhabitants  of  i)lantations  unincorporated, 
(jualilicd  as  this  constitution  provides,  who  are  or  shall 
be  empowered  and  required  to  assess  taxes  ujion  them- 
selves toAvard  the  support  of  government,  shall  have 
the  same  privilege  of  voting  for  councillors  and  senators 
in  the  plantations  where  they  reside,  as  town  inhabitants 
have  in  tluur  res})ective  towns  ;  and  the  plantation  meet- 
ings for  that  purpose  shall  l)e  held  annually  [on  the  .same 
tir.st  Monda}^  in  April],  at  such  place  in  the  plantations, 
respectively,  as  the  assessors  thereof  shall  direct :  Avhich 
assessors  shall  have  like  authority  for  notifying  the  elec- 
tors, collecting  and  returning  the  votes,  as  the  selectmen 
and  town  clerks  have  in  their  several  towns,  by  this  con- 
stitution. And  all  other  persons  living  in  ]ilaces  unincor- 
porated ((lualified  as  aforesaid)  who  shall  be  assessed  to 
the  support  of  government  by  the  asses.sors  of  an  adjacent 
toAvn,  sliall  have  the  privilege  of  giving  in  their  votes  for 
councillors  and  senators  in  the  town  where  they  shall  be 
assessed,  and  l)e  notified  of  the  jilace  of  meeting  by  the 
selectmen  of  the  town  where  the}'  shall  be  assessed,  for 
that  purpose,  accordingly. 

III.  And  that  there  may  be  a  due  convention  of  .sena- 
tors on  the  [last  Wednesday  in  jMay]  annually,  the  gov- 
ernor with  five  of  the  council,  for  the  time  being,  .shall, 
as  soon  as  may  be,  examine  the  returned  copies  of  such 
records  ;  and  fourteen  days  befoiv  the  said  day  he  shall 
issue  his  sunnnons  to  such  persons  as  .shall  ajipear  to  bo 
cho.sen  by  [a  majority  of]  voters,  to  attend  on  that  day, 
and  take  their  S(>ats  accordingly  :  ]irovided.  nevertludess, 
that  for  the  first  3'ear  the  .said  returned  cojjies  shall  be 
examined  by  the  president  and  five  of  the  council  of  the 
former  constitution  of  governnuMit  :  and  the  said  president 
shall,  in  like  manner,  issue  his  summons  to  tht>  ])i'r.sons 
.so  elected,  that  they  nv.iy  take  their  seats  as  aforesaid. 

IV.  The  siMiate  shall  be  the  final  judge  of  the  elec- 
tions, returns  and  tjualilications  of  their  own  members,  as 


COMMONWEALTH   OF   MASSACHUSETTS.  15 

pointed  out  in  the  constitution;  and  shall,  [on  the  said  ^^,1^ ^'^^ ™^'"- 
last  Wednesday  in  Mayl  annually,  determine  and  declare  Time  chanKed 

-  "^-  1        T         •  1  n  to  fiiHt  \\  edues- 

who  are  elected    by  each  district   to   be  senators   [by  a  dayof  Jauuary 
majority  of  votes;  and  in  case  there  shall  not  appear  to  ments, Art. x. 
be   the    full    number  of  senators  returned    elected    by  a  chan^ei^to 
majority  of  votes  for  any  district,  the  deficiency  shall  be  ^\nemiments, 
supplied  in  the  following  manner,  viz.  :  The  members  of  Ait. xiv. 
the  house  of  representatives,  and  such  senators  as  shall 
be  declared  elected,  shall  take  the  names  of  such  persons 
as  shall  be  found  to  have  the  hio-licst  number  of  votes 
in  such  district,  and  not  elected,  amounting  to  twice  the 
number  of  senators  wanting,  if  there  be  so  many  voted 
for ;  and  out  of  these  shall  elect  by  ballot  a  number  of  Jj^^j"*''®*-  ^'°^ 
senators  sufficient  to  fill  up  the  vacancies  in  such  district ;  changed  to 
and  in  this  manner  all  such  vacancies  shall  be  filled  up  in  pe'op'ie"  ^ 
cveiy  district  of  the  commonwealth  ;  and  in  like  manner  mTnt^Art. 
all  vacancies  in  the  senate,  arising  by  death,  removal  out  ^^i^- 
of  the  state,  or  otherwise,  shall  be  supplied  as  soon  as  may 
be,  after  such  vacancies  shall  happen.] 

Y.     Provided,  nevertheless,  that    no   person  shall    be  Qualifications 
capable  of  being  elected  as  a  senator,  [who  is  not  seised  ProptMty  quaii- 
in  his  OAvn  right  of  a  freehold,  within  this  commonwealth,  Hhe'i"" '*''°'" 
of  the  value  of  three  hundred  pounds  at  least,  or  possessed  ^*<rnte"'^\rt 
of  personal  estate  to  the  value  of  six  hundred  pounds  at  p"l'  , 
least,  or  of  both  to  the  amount  of  the  same  sum,  and]  Avho  vision  as  to 
has  not  been  an  inhal^itant  of  this  commonwealth  for  the  ainoamend-^^ 
space  of  five  years  immediately  preceding  his  election,  and,  xxil'  '^*^** 
at  the  time  of  his  election,  he  shall  be  an  inhabitant  in  the 
district  for  which  he  shall  be  chosen. 

VT.     T'he  senate  shall  have  power  to  adjourn  themselves ,  Senate  not  to 
provided  such  adjournments  do  not  exceed  two  days  at  a  thin" wo™ ay's. 
time. 

VII.  The  senate  shall   choose  its  own  president,  ap-     shaii  choose 
point  its  own  officers,  and  determine   its   own   rules   of  establish  its 

1 .  rules. 

proceedings. 

VIII.  The  senate  shall  be  a  court  with  full  authority  .  siiaiitryaii 
to    hear  and    determine  all    impeachments  made    by  the 

house  of   representatives,   against  any  officer  or  officers 
of  thc!  commonwealth,  for  misconduct  and  mal-administra- 
tion  in  their  offices.     But  previous  to  the  trial  of  every 
impeachment  the  members  of  the  senate  shall  respectively 
be  sworn,  truly  and  impartially  to  try  and  determine  the  Oath. 
charge  in  question,  according  to  evidence.     Their  judg-  Limitation  of 
ment,  however,  shall  not  extend  further  than  to  removal  ''®"*'^"'=®- 
from  office  and  disqualification  to  hold  or  enjoy  any  place 


16 


CONSTITUTION   OF   THE 


Quorum.    See 
amendments, 
Arts.  XXII. 
and  XXXIII. 


of  honor,  toust,  or  profit,  under  this  connnonwealth  ;  but 
the  party  so  convicted  shall  be,  nevertheless,  liable  to 
indictment,  trial,  judgment,  and  punishment,  according  to 
the  laws  of  the  land. 

IX.     [Not    less    than    sixteen  members  of  the  senate 
shall  constitute  a  quormn  for  doing  business.] 


Repreeentation 
of  the  people. 


Representa- 
tives, by  whom 
choBcn. 

Superseded  by 
amendments, 
Arts.XH.  and 
XIII.,  which 
were  also 
superseded  by 
amendments. 
Art.  XXI. 
7  Mass.  023. 


Proviso  as  to 
towns  having 
less  than  150 
ratable  polls. 


Towns  liable  to 
fine  in  case,  etc. 


Expenses  of 
travelling  to 
and  from  tlie 
general  court, 
how  i):ii(l. 
Annulled  by 
Art.  XXXV. 


Qualifications 
of  a  repre- 
Hcutatlvc. 


CHAPTER    I. 
Section  III. 

House  of  Representatives. 

Article  I.  There  shall  be,  in  the  legislature  of  this 
commonwealth,  a  representation  of  the  people,  annually 
elected,  and  founded  upon  the  principle  of  equality. 

II.  [And  in  order  to  provide  for  a  representation  of 
the  citizens  of  this  commonwealth,  founded  upon  the  prin- 
ciple of  equality,  every  corporate  town  containing  one 
hundred  and  fifty  ratable  polls  may  elect  one  represent- 
ative ;  every  corporate  town  containing  three  hundred 
and  seventy-five  ratable  polls  may  elect  two  rei)resenta- 
tives  ;  every  corporate  town  containing  six  hundred  ratable 
polls  may  elect  three  representatives ;  and  proceeding  in 
that  manner,  making  two  hundred  and  twenty-five  ratable 
polls  the  mean  increasing  number  for  every  additional 
representative. 

Provided,  nevertheless,  that  each  town  now  incorporated, 
not  having  one  hundred  and  fifty  ratable  polls,  ma}^  elect 
one  representative  ;  but  no  })lace  shall  hereafter  be  incor- 
porated with  the  ])rivilege  of  electing  a  representative, 
unless  there  are  within  the  same  one  hundred  and  fifty 
ratable  polls.] 

And  the  house  of  representatives  shall  have  power  from 
time  to  time  to  impose  fines  iqx)n  such  tOAvns  as  .shall 
n(\i>lect  to  choose  and  return  members  to  the  same,  agree- 
ably to  this  constitution. 

[The  ex])enses  of  travelling  to  the  geiu'ral  assembly,  and 
returning  home,  once  in  every  session,  and  no  more,  shall 
be  paid  by  the  government,  out  of  the  public  treasury,  to 
every  member  who  shall  attend  as  seasonably  as  he  can,  in 
the  judgment  of  (he  house,  and  does  not  depart  without 
leav(\] 

111.  Every  member  of  the  lu)use  of  representatives 
shall  be  chosen  by  Avritten  votes  ;    [and,  for  one  year  at 


COMMONWEALTH   OF   MASSACHUSETTS.  17 

least  next  precedino-  his  election,  shall  have  been  an  inhab-  New  provision 

.,,/.  11  V,  •       1     •      ^  •  '    ^  J.      J}         r  as  to  residence. 

itant  or,  and  nave  been  seised  in  his  own  right  oi  a  tree-  seeamend- 
hold  of  the  value  of  one  hundred  pounds  within  the  town  xxl*''^'^*' 
he  shall  be  chosen  to  represent,  or  any  ratable  estate  to  fcationJal^""' 
the  value  of  two  hundred  pounds  ;  and  he  shall  cease  to  i^^^d  by  amend- 

.1.1  1.  .  ,        ments,  Art. 

represent  the  said  town  immediately  on  his  ceasing  to  be  xiii. 
qualified  as  aforesaid.] 

IV.  [Every  male  person,  being  twenty-one  years  of  Qualifications 
a*^e,  and  resident  in  anv  particular  town  in  this  common-  Tiiesepro- 

ij_i     J?        j_i  L'^  j_  T  1  •  visions  super- 

wealth  lor  the  space  oi  one  year  next  preceding,  having  a  sededby 

freehold  estate  Avithin  the  said  town  of  the  annual  income  Arts^in!"!^., 

of  three  pounds,  or  any  estate  of  the  value  of  sixty  pounds,  xxx"x'xxi 

shall  have  a  rig-ht  to  vote  in  the  choice  of  a  representative  andxxxii. 

P  ^  See  also  amend- 

or  representatives  lor  the  said  town.]  ments,  Art. 

V.  [The  members  of  the  house  of  representatives  shall  wasaniiuTiedby 
be  chosen  annually  in  the  month  of  May,  ten  days  at  least  „   '"     /* 

•J  .  .'  '  J  Kepresenta- 

before  the  last  Wednesday  of  that  month.]  tives,  when 

^  -^  chosen. 

Time  of  election  changed  by  amendments,  Art.  X.,  and  changed  again  by  amendments, 

Art.  XV. 


VI.  The  house  of  representatives  shall  be  the  grand  House  aione 
inquest    of  this    commonwealth ;    and    all    impeachments 

made  by  them  shall  be  heard  and  tried  by  the  senate. 

VII.  All  money  bills  shall  orioinate  in  the  house  of  House  to  ongi- 

.  1      ,     J 1  Date  all  money 

representatives  ;    but  the  senate  may  propose  or  concur  bius. 
with  amendments,  as  on  other  bills. 

VIII.  The  house  of  representatives  shall  have  power  Not  to  adjourn 
to  adjourn  themselves ;  provided  such  adjournment  shall  ^a°/s!*^^°*^° 
not  exceed  two  days  at  a  time. 

IX.  [Not  less  than  sixty  members  of  the  house  of  ^^^^  ^^^ 
representatives  shall  constitute  a  quorum  for  doing;  busi-  Arts.  xxi.  and 

^        -I  ^i  &  XXXIII. 

ness.J 

X.  The  house  of  representatives  shall  be  the  iudsfe  of  To  judge  of 

^^  rGturus   etc    of 

the  returns,  elections,  and  qualifications  of  its  own  mem-  itsown'mem- 
bers,  as  pointed  out  in  the  constitution  ;  shall  choose  their  its'officers  and^ 
own  speaker ;  appoint  their  own  officers,  and  settle  the  ruiesl'et'c!*^ 
rules  and  orders  of  proceeding  in  their  own  house.     They  May  punish 
shall    have  authority  to    punish    by  imprisonment  every  ^'ences'!"' 
person,  not  a  member,  who  shall  be  guilty  of  disrespect  I'l Gray, 2*26. 
to  the  house,  by  any  disorderly  or  contemptuous  behavior 
in  its  presence  ;  or  who,  in  the  town  where  the  general 
court  is  sitting,  and  during  the  time  of  its  sitting,  shall 
threaten  harm  to  the  body  or  estate  of  any  of  its  members, 
for  any  thing  said  or  done  in  the  house  ;  or  who  shall 
assault  any  of  them  therefor ;    or  who  shall  assault,   or 
arrest,  any  witness,  or  other  person,  ordered  to  attend  the 


18 


CONSTITUTION   OF   THE 


Privileges  of 
members. 


Senate. 
Governor  and 
council  may 
punish. 

General  limita- 
tion. 
14  Gray,  226. 


Trial  may  be  by 
committee,  or 
otherwise. 


house,  in  his  way  in  going  or  returning;  or  who  shall 
rescue  any  person  arrested  by  the  order  of  tlie  house. 

And  no  member  of  the  house  of  representatives  shall 
be  arrested,  or  held  to  bail  on  mesne  process,  during  his 
going  unto,  returning  from,  or  his  attending  the  general 
assembly. 

XL  The  senate  shall  have  the  same  powers  in  the  like 
cases  :  and  the  ijovernor  and  council  shall  have  the  same 
authority  to  punish  in  like  cases  :  provided,  that  no  impris- 
onment on  the  warrant  or  order  of  the  governor,  council, 
senate,  or  house  of  representatives,  for  either  of  the  above 
described  offences,  be  for  a  term  exceeding  thirty  days. 

And  the  senate  and  house  of  representatives  may  try 
and  determine  all  cases  where  their  rights  and  privileges 
are  concerned,  and  which,  by  the  constitution,  they  have 
authority  to  try  and  determine,  by  committees  of  their  own 
members,  or  in  such  other  way  as  they  may  respectively 
think  best. 


CHAPTEE    II. 


Governor. 


His  title. 

To  be  chosen 
annually. 
Qualitications. 
See  amend- 
ments. Arts. 
VII.  and 
XXXIV. 


By  whom 
chosen,  if  he 
have  a  majority 

of  VOtCK. 

'J'ime  of  elec- 
liou  changed  by 
amenihncntB, 
Art.  X.,  and 
changed  again 
by  amend- 
ments, Art.  XV. 


EXECUTIVE    POWER. 

Section  I. 

Governor. 

Article  I.  There  shall  ])e  a  supreme  executive  mag- 
istrate, who  shall  be  styled  —  The  Governor  of  the 
Commonwealth  of  Massachusetts  ;  and  whose  title 
shall  be  —  His  Excellency. 

II.  The  governor  shall  be  chosen  annually ;  and  no 
person  shall  be  eligible  to  this  office,  unless,  at  the  time  of 
his  election,  he  shall  have  been  an  inhabitant  of  this  com- 
monwealth for  seven  years  next  preceding  ;  [and  unless  he 
shall  at  the  same  time  be  seised,  in  his  oavii  right,  of  a 
freehold,  within  the  commonwealth,  of  the  value  of  one 
thousand  pounds  ;]  [and  unless  he  shall  declare  himself  to 
be  of  the  Clu'istian  religion.] 

III.  Those  persons  who  shall  be  qualified  to  vote  for 
senators  and  representatives  Avitliin  the  several  towns  of 
this  commonwealth  shall,  at  a  meeting  to  be  called  for 
that  purpose,  on  the  [first  INIonday  of  April]  annually, 
give  in  their  votes  for  a  governor,  to  the  selectmen,  who 
sliall  i)reside  at  such  meetings  ;  and  the  town  clerk,  in  the 
])resence  and  with  the  assistance  of  the  selectmen,  shall, 
in  open  town  meeting,  sort  and  count  the  votes,  and  form 


COMMONWEALTH   OF   MASSACHUSETTS.  19 

a  list  of  the  persons  voted  for,  with  the  number  of  votes 
for  each  person  against  liis  name  ;  and  shall  make  a  fair 
record  of  the  same  in  the  town  books,  and  a  public  decla-  As  to  cities,  see 
ration  thereof  in  the  said  meeting;  and  shall,  in  the  pres-  Art.ii.       ' 
ence  of  the  inhabitants,  seal  up  copies  of  the  said  list, 
attested  by  him  and  the  selectmen,  and  transmit  the  same 
to  the  sheriff  of  the  county,  thirty  days  at  least  before  the 
[last  Wednesday  in  ^lay]  ;  and  the  sherifl'  shall  transmit  ^  first  wednes- 
the  same  to  the  secretary's  office,  seventeen  days  at  least  day  of  January 
before  the  said  [last  Wednesday  in  INIa^^]  ;  or  the  select-  ments,  Art.  x. 
men  may  cause  returns  of  the  same  to  be  made  to  the 
office  of  the  secretary  of  the  commonwealth,   seventeen 
days  at  least  before  the  said  day ;  and  the  secretar}^  shall 
lay  the  same  before  the  senate  and  the  house  of  repre- 
sentatives on  the  [last  Wednesday  in  May] ,  to  be  by  them  changed  to 
examined  ;  and  in  case  of  an  election  by  a  [majority]  of  all  an^end ments, 
the  votes  returned,  the  choice  shall  be  by  them  declared  ^J"^-^^^- 
and  published  ;  but  if  no  person  shall  have  a  [majority]  of  v/h7nnTveTBon 
votes,  the  house  of  representatives  shall,  by  ballot,  elect  ^as  a  plurality. 
two  out  of  four  persons  who  had  the  highest  number  of 
votes,  if  so  many  shall  have  been  voted  for  ;   but,  if  other- 
wise, out  of  the  number  voted  for;  and  make  return  to 
the  senate  of  the  two  persons  so  elected  ;   on  which  the 
senate  shall  proceed,  by  ballot,  to  elect  one,  who  shall  be 
declared  governor. 

IV.  The  governor  shall  have  authority,  from  time  to  Power  of  gov. 
time,  at  his  discretion,  to  assemble  and  call  together  the  governor  and 
councillors  of  this  commonwealth  for  the  tmie  being  ;  and  ^°^^^^  • 
the  governor  with  the  said  councillors,  or  five  of  them  at 

least,  shall,  and  may,  from  time  to  time,  hold  and  keep  a 
council,  for  the  ordering  and  directing  the  affairs  of  the 
commonwealth,  agTceably  to  the  constitution  and  the  laws 
of  the  land. 

V.  The  governor,  with  advice  of  council,  shall  have  May  adjourn  or 
full  power  and  authority,  during  the  session  of  the  gen-  general  court 
eral  court,  to  adjourn  or  prorogue  the  same  to  any  time  and^onvene  ' 
the  two  houses  shall  desire  ;  [and  to  dissolve  the  same  on  ^s  to^'dissoiu- 
the  day  next  preceding  the  last  Wednesday  in  May  ;  and,  ^°°'tg^\'i.^x?' 
in  the  recess  of  the  said  court,  to  prorogue  the  same  from 

time  to  time,  not  exceeding  ninety  days  in  any  one  recess  ;] 
and  to  call  it  together  sooner  than  the  time  to  which  it 
may  be  adjourned  or  prorogued,  if  the  welfare  of  the  com- 
monwealth shall  require  the  same  ;  and  in  case  of  any 
infectious  distemper  prevailing  in  the  place  where  the  said 
court  is  next  at  any  time  to  convene,  or  any  other  cause 


20 


CONSTITUTION   OF  THE 


As  to  disBolu- 
tion,  see  amend- 
ments, Art.  X. 

Governor  and 
council  may 
adjourn  the  gen- 
eral court  in 
cases,  etc.,  but 
not  exceeding 
ninety  days. 


Governor  to  be 
commander-in- 
chief. 


Limitation. 


happening,  whcrcb}^  danger  may  arise  to  the  health  or 
lives  of  the  members  from  their  attendanee,  he  may  direct 
the  session  to  be  held  at  some  other,  the  most  convenient 
place  within  the  state. 

[And  the  governor  shall  dissolve  the  said  general  court 
on  the  day  next  preceding  the  last  Wednesday  in  May.] 

VI.  In  cases  of  disae-reemcnt  between  the  two  houses, 
with  regard  to  the  necessit3%  expediency,  or  time  of  ad- 
journment or  prorogation,  the  governor,  with  advice  of 
the  council,  shall  have  a  right  to  adjourn  or  prorogue 
the  general  court,  not  exceeding  ninety  days,  as  he  shall 
determine  the  public  good  shall  re(juire. 

VII.  The  governor  of  this  commonwealth,  for  the  time 
being,  shall  be  the  commander-in-clii(^f  of  the  army  and 
navy,  and  of  all  the  military  forces  of  the  state,  by  sea 
and  land  ;  and  shall  have  full  power,  by  himself,  or  by 
any  commander,  or  other  officer  or  officers,  from  time  to 
time,  to  train,  instruct,  exercise,  and  govern  the  militia 
and  navy;  and,  for  the  special  defence  and  safety  of  the 
connnonwcalth,  to  assemble  in  martial  array,  and  put  in 
warlike  posture,  the  inhabitants  thereof,  and  to  lead  and 
conduct  them,  and  with  them  to  encounter,  repel,  resist, 
expel,  and  pursue,  b}^  force  of  arms,  as  well  by  sea  as  by 
land,  Avithin  or  without  the  limits  of  this  commonwealth, 
and  also  to  kill,  slay,  and  destroy,  if  necessary,  and  con- 
quer, by  all  fitting  ways,  enterprises,  and  means  whatso- 
ever, all  and  every  such  person  and  persons  as  shall,  at 
any  time  hereafter,  in  a  hostile  manner,  attemj^t  or  enter- 
prise the  destruction,  invasion,  detriment,  or  annoyance 
of  this  commonwealth  ;  and  to  use  and  exercise,  over  the 
army  and  navy,  and  over  the  miUtia  in  actual  service,  the 
law-martial,  in  time  of  war  or  invasion,  and  also  in  time 
of  rebellion,  declared  by  the  legislature  to  exist,  as  occa- 
sion shall  necessarily  require  ;  and  to  tjikc  and  surprise, 
by  all  ways  and  means  whatsoever,  all  and  every  such 
person  or  persons,  with  their  ships,  arms,  ammunition, 
and  otlier  goods,  as  shall,  in  a  hostile  manner,  invade,  or 
attempt  the  invading,  conquering,  or  annoying  this  com- 
monwealth ;  and  that  the  governor  be  intrusted  with  all 
these  and  other  powers,  incident  to  the  oflices  of  ca|)- 
tain-general  and  commander-in-chief,  and  admii'al,  to  be 
exercised  agreeahly  to  the  rules  and  regulations  of  the  con- 
stitution, and  the  laws  of  th(^  land,  and  not  otherwise. 

Provided,  that  the  said  governor  shall  not,  at  any  time 
hereafter,  by  virtue  of  any  power    by  this   constitution 


COMMONWEALTH   OF   MASSACHUSETTS.  21 

granted,  or  hereafter  to  be  gi-anted  to  him  by  the  legis- 
lature, transport  any  of  the  inhabitants  of  this  common- 
wealth, or  oblige  them  to  march  out  of  the  limits  of  the 
same,  without  their  free  and  voluntary  consent,  or  the  con- 
sent of  the  general  court ;  except  so  far  as  may  be  neces- 
sary to  march  or  transport  them  by  land  or  water,  for  the 
defence  of  such  part  of  the  state  to  which  they  cannot 
otherwise  convenientl}'  have  access. 

VIH.     The  power  of  pardoning  offences,  except  such  Governor  and 
as  persons  may  be  convicted  of  before  the  senate  by  an  pardon  offences, 
impeachment  of  the  house,  shall  be  in  the  governor,  by  ^^'^^^^' ^^'^• 
and  with  the  advice  of  council ;   but  no  charter  of  par- 
don, granted  by  the  governor,  Avitli  advice  of  the  council 
before  conviction,  shall  avail  the  ])artv  pleading  the  same.  But  not  before 
notwithstanding    any  general    or  ])articular    expressions  109  Maee.  32.3. 
contained  therein,  descriptive  of  the  oflencc  or  oiiences 
intended  to  be  pardoned. 

IX.  All  judicial  officers,  [the  attorney-general,]   the  judicial oAi. 
solicitor-general,  [all  sheriffs,]  coroners,  [and  registers  of  nominated a°^ 
probate,]  shall  be  nominated  and  a])pointed  by  the  gov-  KorprovWonB 
ernor,  by  and  with  the  advice  and  consent  of  the  council  :  »« to  election 

■,"■,..,  of  attorney- 

and  every  such  nomination  shall  be  made  by  the  ffovcrnor,  general,  see 

^^  iHTif*n  fi  m  f  Tits 

and  made  at  least  seven  days  prior  to  such  appointment.     Art.  xvii.  * 

For  provision  an  to  election  of  ttlieriffH,  regiHtcrB  of  probate,  etc.,  see  amendments, 
Art.  ,XIX.  For  provision  as  to  appointment  of  notaries  public,  see  amendments. 
Art.  IV. 

X.  The  captains  and  subalterns  of  the  militia  shall  be  Miiitia  officers, 
elected  by  the  written  votes  of  the  train-band  and  alarm  Li'mitation  of 
list  of  their  respective  companies,  [of  twenty-one  years  byVme^nd'- ""* 
of  age  and  upwards  ;]  the  licld  officers  of  regiments  shall  mei^ts.  Art.  v. 
be  elected  by  the  written  votes  of  the  captains  and  subal- 
terns of  their  respective  regiments  ;  the  brigadiers  shall  be 
elected,  in  like  manner,  by  the  field  officers  of  their  respec- 
tive brigades  ;  and  such  officers,  so  elected,  shall  be  com-  nowcommis. 
missioned  by  the  governor,  Avho  shall  determine  their  rank.  ^^^"^  ' 

The  legislature  shall,  by  standing  laws,  direct  the  time  Election  of 
and  manner  of  convening   the  electors,  and  of  collect-  ^^*'®"- 
ing  votes,  and  of  certifying  to  the  governor,  the  officers 
elected. 

The  maior-o-enerals  shall  be  appointed  by  the  senate  and  Major-generais, 

•'         ~  .  I     I         •  .  "'"'^  appointed 

house  of  I'cpresentatives,  each  having  a  lu^gative  uj)on  the  andcommis- 
other ;  and  be  commissioned  by  the  governor. 

For  provisione  as  to  appointment  of  a  commissary-general,  see  amendments.  Art.  IV. 

And  if  the  electors  of  brigadiers,  field  officers,  captains  vacancies,  how 
or  subalterns,  shall  neglect  or  refuse  to  make  such  clec-  etc.  ' 


22 


CONSTITUTION   OF   THE 


Officers  duly 
commiseioned, 
how  removed. 
Superseded  by 
amendments, 
Art.  IV. 


Adjutants,  etc. 
how  appointed. 


Army  officers, 
how  appointed. 


tions,  after  being  duly  notified,  according  to  the  laws  for 
the  time  being,  then  the  governor,  with  advice  of  council, 
shall  appoint  suitable  persons  ta  fill  such  offices. 

[And  no  officer,  duly  commissioned  to  command  in  the 
militia,  shall  be  removed  from  his  office,  but  by  the  address 
of  both  houses  to  the  governor,  or  by  fair  trial  in  court- 
i^iartial,  pursuant  to  the  laws  of  the  commonwealth  for  the 
time  being.] 

The  commanding  officers  of  regiments  shall  appoint 
their  adjutants  and  quartermasters  ;  the  brigadiers  their 
brigade-majors  ;  and  the  major-generals  thek*  aids  ;  and 
the  governor  shall  appoint  the  adjutant-general. 

The  governor,  with  advice  of  council,  shall  appoint  all 
officers  of  the  continental  army,  whom  by  the  confederal 
tion  of  the  United  States  it  is  provided  that  this  conmion- 
wealth  shall    appoint,  as    also    all    officers    of  forts    and 


Organization  of 
militia. 


o-arrisons. 


Money,  how 
drawn  from  the 
treasury, 
except,  etc. 
13  Allen,  593. 


All  public 
boards,  etc.,  to 
make  quarterly 
returns. 


The  divisions  of  the  militia  into  brigades,  regiments,  and 
companies,  made  in  pursuance  of  the  militia  laws  now  in 
force,  shall  be  considered  as  the  proper  divisions  of  the 
militia  of  this  commonwealth,  until  the  same  shall  be 
altered  in  pursuance  of  some  future  law. 

XI.  No  moneys  shall  be  issued  out  of  the  treasm*}'"  of 
this  commonwealth,  and  disposed  of  (except  such  smns  as 
may  be  appropriated  for  the  redem})tion  of  bills  of  credit 
or  treasurer's  notes,  or  for  the  payment  of  interest  arising 
thereon)  but  by  warrant  under  the  hand  of  the  governor 
for  the  time  being,  with  the  advice  and  consent  of  the 
council,  for  the  necessary  defence  and  support  of  the  com- 
monwealth ;  and  for  the  protection  and  preservation  of 
the  inhabitants  thereof,  agreeably  to  the  acts  and  resolves 
of  the  general  court. 

XII.  All  public  boards,  the  commissary-general,  all 
su})erintending  officers  of  public  magazines  and  stores, 
belono'ino-  to  this  commonwealth,  and  all  commandinor 
officers  of  forts  and  garrisons  within  the  same,  shall  once 
in  every  three  months,  officially,  and  without  requisition, 
and  at  other  times,  wIumi  required  by  the  governor,  deliver 
to  him  an  account  of  all  goods,  stores,  provisions,  ammu- 
nition, cannon  with  their  appendages,  and  small  arms 
with  their  accoutrements,  and  of  all  other  })ublic  i)roperty 
whatever  under  their  care  respectively  ;  distinguishing  the 
quantity,  number,  quality  and  kind  of  each,  as  particu- 
larly as  may  be  ;  together  Avith  the  condition  of  such  forts 
and    gaiTisons  :    and    the   said    conimandin<2:  officer  shall 


COMMONWEALTH   OF   MASSACHUSETTS.  23 

exhibit  to  the  governor,  when  required  by  him,  true  and 
exact  plans  of  such  forts,  and  of  the  land  and  sea  or  har- 
bor or  harbors,  adjacent. 

And  the  said  boards,  and  all  public  officers,  shall  com- 
municate to  the  governor,  as  soon  as  may  be  after  receiv- 
ing the  same,  all  letters,  despatches,  and  intelligences  of  a 
public  nature,  which  shall  be  directed  to  them  respectively. 

Xni.  As  the  public  good  requires  that  the  governor  salary  of 
should  not  be  under  the  undue  influence  of  any  of  the  e°^«''^°'^' 
members  of  the  general  court  by  a  dependence  on  them 
for  his  support,  that  he  should  in  all  cases  act  with  free- 
dom for  the  benefit  of  the  public,  that  he  should  not  have 
his  attention  necessarily  diverted  from  that  object  to  his 
private  concerns,  and  that  he  should  maintain  the  dignity 
of  the  commonwealth  in  the  character  of  its  chief  magis- 
trate, it  is  necessary  that  he  should  have  an  honorable 
stated  salary,  of  a  fixed  and  permanent  value,  amply  suffi- 
cient for  those  purposes,  and  established  by  standing  laws  : 
and  it  shall  be  among  the  first  acts  of  the  general  court, 
after  the  commencement  of  this  constitution,  to  establish 
such  salary  by  law  accordingly. 

Permanent  and  honorable  salaries  shall  also  be  estab-  salaries  of  jus- 

Tii,        -,  n        ,1        •,.  pji  .T'l  i      tices  of  supreme 

lished  by  law  tor  the  justices  ot  the  supreme  judicial  com*t.  judicial  court. 
And  if  it  shall  be  found  that  any  of  the  salaries  afore-  Salaries  to  be 
said,  so  established,  are  insufficient,  they  shall,  from  time  fnsufflcient. 
to  time,   be   enlarged,  as   the  general   court   shall  judge 
proper. 


CHAPTEE    II. 

Section  II. 

Lieutenant-Governor, 

Article  I.     There   shall  be   annually  elected  a  lieu-  Lieutenant- 
tenant-governor  of  the  commonwealth  of  Massachusetts,  utre^and'^quaTi- 
whose   title   shall   be  —  His  Honor;    and  Avho   shall   be  fmen°dment^8r 
qualified,  in  point  of  [religion,]  [property,]  and  residence  xxxrv?"*""^ 
in  the  commonwealth,  in  the  same  manner  with  the  gov- 
ernor ;  and  the  day  and  manner  of  his  election,  and  the 
qualifications  of  the  electors,  shall  be  the  same  as  are  re- 
quired in  tiie  election  of  a  governor.     The  return  of  the  How  chosen, 
votes  for  this  officer,  and  the  declaration  of  his  election, 
shall  be  in  the  same  manner  ;  [and  if  no  one  person  shall  p/urauty  pro- 
be  found  to  have  a  maiority  of  all  the  votes  returned,  the  videdforby 

•)  J  '  amendments, 

vacancy  shall  be  filled  by  the  senate  and  house  of  repre-  Art.  xiv. 


21 


coNS'iirirrioN  oi'   riiK 


I'vchiiliMiti  of 
('(Miiirll 

l.ll'lllclllllll- 
^■ll\  I'l  IIIM    II 
IIIKIIllxM'  III', 
<>M'tllll,  l>l0. 


sciiljiiivcs,  ill  (he  nmiiic  mMiiiicr  as  (lie  «:()\cni(»i"  is  Id  Uo 
<'li'clc(l,  ill  ciisc  no  one  pcison  sluill  liiiNC  a  majorilA'  ol"  llio 
voles  of  (he  pfoplc  (o  l)(>  o'ovciiior.  | 

II.  Tlic  ii(>\  ctiior,  and  in  his  absence  llic  iiciileiianJ- 
j^ONcrnor,  sliall  he  presiih-nl  of  (he  coiincil,  hul  shall  ha\t> 
MO  Nole  in  eoimeil  ;  and  lh<^  lieiilenanl-i;d\ernor  shall 
al\va\'s  he  a  ineinher  of  (he  council,  exce|)(  when  (he  chair 
of  (he  <;(i\cinor  shall  he  \acanl. 
'■'""'""""/-.  III.       \\  iicnevcr    (he    chaif    ol"     (he    governor    shall    he 

HHMTIHir  III  lio  .^ 

ii.iiiiKKovoiiii.i,  Micanl,  lt\'  I'easoM  of  his  d(>a(h,  or  ahscnce   iVoin    (he  com- 

In  c'UMO,  t'to.  •  I'll-  -I 

iiionw callh,  or  odierwise,  (he  lieii(enan(-ii()\  «'riior,  lor  (he 
(iiue  heini;,  shall,  dnrinii'  such  \acanc\',  peiloini  all  (he 
<lulit>s  incimil>en(.  upon  (he  j^'oncmmiot,  and  shall  have  and 
exercise  all  (h(>  powers  and  nu(hori(ies,  which  l)\  (his  con- 
sliddion    (he    i;-o\  «'rnor   is    \t's(('(l    wi(h,    wla-n    pefsonallv 


CiUlllOll. 

N  uiiitii'v  iif 
rouiii'llliii'H 
i'Iiiiii^ihI  III 
olKliI, 

St'O  IIIIIKhll 

iiii'iilH,  Art. 
\VI. 


('!!  A  ri'FJi     II. 
Skotion    111. 

Council,  n  ml  (lie  Mdinitr  tij'  still  iiuj  I'Ucct  Ions  In/  the  Lajis- 

Idliin'. 


A  i;  rici.i',  I.  There  shall  he  a  couinil  ("or  ad\  isini^'  (he 
li-o\(M'nor  in  (he  execulivc  pari  ol"  (he  i:,(»\(M'iuuen( ,  (o  con- 
sis(  ol"  I  nine  |  persons  besides  (he  liciiliMUllit-ii'ovenior, 
whoiu  (he  o()\(\i-ii(n-,  |o|-  (h,.  (ime  beinii',  shall  have  lull 
power  and  aulhorih,  li-oin  lime  lo  lime,  a(  his  dis('re(i(»n, 
(o  assemble  and  call  (oncdier;  and  (he  i^ov  iM-nor,  wi(h  (he 
said  councillors,  or  li\'e  ol"  (hem  a(  leasl,  shall  and  luav, 
liom  (imc  (o  (im(\  hold  and  keep  a  council,  l"oi"  (he  order- 
in*""  and  direcliiii;'  (he  all'airs  ol"  (lu'  coimuonwcaUh,  aeeonl- 
iiiii'  lo  (he  laws  ol"  (he  land. 

II.  I  Nine  councillors  shall  be  annualU  chos(>ii  from 
anioni;"  (he  persons  re(urned  I'oi-  councillors  and  senaloi's, 
on  (he  lasl  ^^'edm'sdav  in  Mav,  bv  (he  ioin(  ballol  iA' 
(he  scna(ors  and  rcpres<>M(ali\'es  assiMubled  in  one  room  ; 
and  in  case  (her(>  shall  not  be  round  upon  (he  lirst  choice, 
(he  whoh'  number  ol'  niiu'  pt>rsons  who  will  accept  ii  seat 
in  the  c«>uiH'il,  (h(>  delicienc\'  shall  b«>  mad(>  up  h\  the 
«dec(ors  aToresaid  li'oiu  amoni^'  ihe  people  at  larii'e  ;  and 
Ihc  nuudicr  ol"  siMUitors  left  shall  conslilut«'  the  senate 
loi'  (he  vear.  Tlu'  seats  ol"  (he  persons  ihus  idcclcd  Trom 
ii.iH.  iiu.it  mmiN   (In,  soiiali',  and  acccptino-  (he  (rust,  shall  be  vat-ated  in  (ho 

to   lui   VIU-|lll>ll.  «  '^ 

stMiate.  I 


Nuiiilii>r;    from 
^vllolll,  iiiiil  liow 

I'llOHI'll. 

MoiIII\imI  liy 

llllll'llllllUHltN, 

AiiB.  \.  itiiil 
Mil. 

Hii|ii'rHiiiloil  liy 
iiiiioiiiIiiii'IiIn, 
.\rl.  .\VI. 


If  HoimtorH  In 

COIIIO  COIIIU'll 


COMMONWKAI/I'll    Ol^'    M ASSACmiSKT'rS.  25 

III.  Tlic  (•ouiiciiloi-s,  in  (lie  civil  i»iriui«:;('ni(^ritH  of  llic  Kimu  ..r 

I    I  I       II      I  I  /•  t  !•         i  coiMirlllorH. 

coiiiiiioiivvciiHIi,  ,sli!ul  liJivo  rank  ui'xt  uKcr  Ilic  liciih^nunt- 
•fovcrnor. 

IV.  I  Not  \uoro  than   two  comicilloi-s  sliiill    he  chosen  nto fiiHtrict. to 
(jut  ol  any  on(^  (iisti'icX  oi    this  coninionwcaltii.  j  two. 

HiiporHixU^d  by  iiriioiiilriiuntH,  Art.  XVI. 

V.  The  rcHohilions  and  a(lvic<!  ol'  IIk^  council  shall    jx-  ifi-KiMcr ..f 
r(M'()rd(Kl  in  a  r(^<(ist(!i',  and  si^iK^d  by  tin-  iiicnilxa'H  ))r(^s(•nt ; 

and  this  r(!cord  may  \h\  called  I'oi-  nt  any  tiiii<^  by  eidier 
house  of  th(i  legislature  ;  nnd  any  Mieinbei'  of  the  council 
iiiiiy  insi^i't  his  opinion,  contrai'y  (o  tln^  resolution  (»!"  (he 
luiijority. 

VI.  WheiK^Vei'  the  ollice  of    llie   ^OV(U'nor  ;ilid    lieilleil-  ('.,iiii<ll  to  cxor. 
.  I      1 1    I  i      I  I-     \        I  \  I  '''•*"  "'"  l"'W(!r 

ant--<^()V(!rn()r  shall  be;  vacant,  by  reason  ol  dealli,  ;i,bsence,  ,,f  K<)v.iii..riii 
or  otherwise,  (hen  (he  council,  or  (lu-  major  pai't  of  (hem,  '■'""'•  "'^'=- 
shall,  diii'in<i'  su<h  vacancy,  liav<^  full  powc!'  and  aulhorily 
lo  do,  and  e.\ecut(!,  all  and  every  such  ac(s,  inaKcrs,  iiiid 
thin<j^s,  as  the;  <icov('rnor  or  (he  lieu(enan(-;rov<'rnor  nii^di(- 
or  could,  by  virdie  of  this  constitulion,  do  or  e\<'cu(e,  if 
Ihey,  or  eidier  of  (hem,  wer<^  |)ersonally  presc^nl. 

VII.  I  And  wiierciis  (Ik^  (dec!  ions  iippoiided  (o  be  made,  iiicctionK  mny 
by  (his  c()iis(itu(ion,  on  (he  last  VVednesdiiy  in  Miiy  aimu-  imi'i'i,  ('tc.'"" 
ally,    by  the   (-wo   houses  of  (he   le^isliUure,    may    no(,   be 
coinphd.ed  on  (li;i((|;i\,  (hesiiiil  (d(u',(ions  may  b<^  adjourned 

IVom  day  to  day  iindl  (Ik^  same  shall    be;  complebd.      And  «»"''•'•  ii"rW. 
i\w,  order  of  (d<!ctioiis  shall  b(!  as  follows  :  (he  \iic;incies  in  u"i<i"iriMiitH, 
tlx',  senat(%  if  any,  shall   first  be   filled    up  ;   (he  <^ov<'rnor  xxv.' 
and    lieu(enan(-^()vernoi'   shall    (hen    be   (declcd,  |)i'ovid(!d 
tliei'e    should    be    no    choice    of  (hem    by  (Ik^    p<'Opl(!  ;    and 
aftc^rwards  tlu;  two  houses  shall  [mjceed  to  the  election  of 
the  council.] 


CIIATTKR     II. 

Skction  IV. 
SM'vatary ,  TraaMurar^  (jom/nvhrnry ^  civ. 
Atiticle  1.      [Tlu!   seen^tnry,    (i-easurer  and    receiver-  Sfcrctary, otc, 

I  1,1  •  '  I  .        .  ,   |.  I   I    I'V  wliotii  and 

f^enei'al,  and  the  c()mmissary-<!:etieral,  noiaries  |)ubli(^  !ind  |  i,;.w  (iIk-h.^m. 
naval  oflicers,  slisill  be  chosen  annually,  by  joinl,  biill(»( of  tiri'iillrtion'l!" "* 
th(i  senators  and  re|>res(;ntatives  in  one  room.      And,  (hat  I'/,'.'i,r',u'i'(7r<'™''''' 
the  citi/<^ns  of  this  commonwcaKh   niiiy  be  assured,  from  ''lyoi  K.n<'nii 

.   •  .  .  ,       uiiil  uiiilUoi'  1111(1 

time    to    (line,  ( ha(,   (he    moneys    remiiinin<r    in    (he    public  """I'K'v  k<"i 
treasury,  uixjii  the  s(!t(lem(!nt  and   li(|iii<lii,(ioii  ol    (Ik^  pub-  miniH,  Art. 


26 


CONSTITUTION   OF   THE 


Treasurer  in- 
eligible for 
more  than  five 
successive 
years. 


Secrettwy  to 
keep  records ; 
to  attend  tlie 
governor  and 
council,  etc. 


lie  accounts,  are  their  property,  no  lutin  .shall  be  eligible 
as  treasurer  and  receiver-general  more  than  five  vears 
.successively. 

For  provision  as  to  appointment  of  notaries  public  and  the  commissary-general,  see 

amendments,  Art.  IV. 

II.  The  records  of  the  eoninionwealth  shall  be  kept  in 
the  office  of  the  secretarj^  who  may  appoint  his  deputies, 
for  whose  conduct  he  shall  be  accountable  ;  and  he  shall 
attend  the  governor  and  council,  the  senate  and  house  of 
representatives,  in  person,  or  by  his  deputies,  as  they  shall 
respectively  require. 


CHAPTER    III. 


Tenure  of  all 
coniniissioned 
ottlcers  to  be 
expressed. 
Judicial  officers 
to  bold  oHice 
during  good 
behavior,  ex- 
cept, etc. 
But  may  be 
removed  on 
address. 


Justices  of  su- 
premo judicial 
court  to  give 
opinions  when 
required. 
122  Mass.  600. 
126  Mass.  557, 
561. 

Justices  of  the 
peace;  tenure 
of  tlieir  otlice. 
3  Gush.  584. 


For  removal  of 
justices  of  the 
peace,  see 
amen(hnents, 
Art.  XXX  VII. 


Provisions  for 

holding  probate 

courts. 

12  Gray,  147. 


JUDICIARY    row  Eli. 

Article  I.  The  tenure,  that  all  commission  officers 
shall  by  law  have  in  their  otKces,  shall  be  expressed  in 
their  resj^ective  commissions.  All  judicial  officers,  duly 
ap})ointed,  commissioned,  and  sworn,  shall  hold  tlieir  offices 
diu'ing  good  behavior,  excepting  such  concerning  whom 
there  is  ditferent  provision  made  in  this  constitution  : 
provided,  nevertheless,  the  governor,  with  consent  of  the 
council,  may  I'cmove  them  upon  the  address  of  both  houses 
of  the  leiiislature. 

11.  Each  branch  of  the  legislature,  as  well  as  the  gov- 
ernor and  council,  shall  have  authority  to  reciuire  the  o})in- 
ions  of  the  justices  of  the  supreme  judicial  court,  upon 
important  questions  of  law,  and  uj^on  solemn  occasions. 

in.  In  order  that  the  i)eo})le  may  not  sillier  from  the 
long  continuance  in  ])lace  of  any  justice  of  the  })eace  who 
shall  fail  of  discharging  the  important  duties  of  his  office 
with  al)ility  or  fidelity,  all  commissions  of  justices  of  the 
])eace  shall  expire  and  become  void,  in  th(>  term  of  seven 
years  from  their  r(>s]iective  dates  ;  and,  upon  the  ex})ira- 
tion  of  am'  comniissjon,  the  same  mav,  if  necessarv,  be 
renewed,  or  another  person  appointed,  as  shall  most  con- 
duce to  the  well-being  of  the  commomvealth. 

IV.  The  judges  of  })r()bate  of  wills,  and  for  granting 
letters  of  administration,  shall  hold  their  courts  at  such 
place  or  jilaces,  on  fixed  days,  as  the  convenience  of  the 
jjcople  shall  reciuire  ;  and  the  legislature  shall,  from  lime  to 
time,  hereafter,  appoint  such  times  and  i)laccs  ;  until  wjiich 
appointments,  the  said  courts  shall  be  hoUlen  at  the  times 
and  places  which  the  respective  judges  shall  direct. 


COMMOXWEALTH   OF   MASSACHUSETTS.  27 

V.     All  causes  of  marriage,  divorce,  and  alimony,  and  ^^orcTlind 
all  appeals  from  the  iudo^es  of  probate,  shall  be  heard  and  alimony. 

•         1     1  •'        C  1  '  -111'        Other  pro- 

determmed  bv  the  o-overnor  and  council,  until  the  lesfis-  visions  made 

*"  bv  law 

lature  shall,  bv  law,  niake  other  provision.  los  Mass.  327. 

116  Mass.  317. 


CHAPTER    IV. 


DELEGATES    TO    CONGRESS, 


[The  deleo'ates  of  this  commonwealth  to  the  cono-ress  of  Delegates  to 

1        T^     •       1    '<  1      11  •  •         1  1        r»  T  congress. 

the  Lnited  fetates,  shall,  some  time  m  the  month  01  June, 
annually,  be  elected  by  the  joint  ballot  of  the  senate  and 
house  of  representatives,  assembled  together  in  one  room  ; 
to  serve  in  cono-ress  for  one  vear,  to  commence  on  the  first 
Mondav  in  Xovember  then  next  ensuino-.  Thev  shall 
have  commissions  under  the  hand  of  the  governor,  and 
the  great  seal  of  the  commonwealth  ;  but  may  be  recalled 
at  any  time  within  the  3"ear,  and  others  chosen  and  com- 
missioned, in  the  same  manner,  in  their  stead.] 


CHAPTER    V. 

THE   UNIVERSITY  AT   CAMBRIDGE,   AND    ENCOURAGEMENT    OF 

LITERATURE,   ETC. 

Section  I. 

The  University. 

Article  I.     Whereas  our  wise  and  pious  ancestors,  so  Harvard 
early  as  the  year  one  thousand  six  hundred  and  thirty-six,  ^°"^s®- 
laid  the  foundation  t)f  Ilarvard  College,  in  which  univer- 
sity many  persons  of  great  eminence  have,  by  the  blessing 
of  God,  been   initiated  in  those  arts  and  sciences  which 
qualified  them  for  public   emplojinents,  both  in   church 
and  state  :    and  whereas  the  encourasfement  of  arts  and 
sciences,  and  all  good  literature,  tends  to  the  honor  of 
God,  the  advantage  of  the  Christian  religion,  and  the  great 
benefit  of  this  and  the  other  United  States  of  America, 
—  it  is  declared,  that  the  President  and  Fellows  of  Powers, prM- 
Harvard    College,    in    their    corporate    capacity,    and  Ihfpre^Tdent 
theu'  successors  in  that  capacity,  their  officers  and  ser-  confirmed.*' 
vants,  shall  have,  hold,  use,  exercise,  and  enjoy,  all  the 
powers,   authorities,  rights,  liberties,  privileges,  immuni- 
ties, and  franchises,  which  they  now  have,  or  are  entitled 


28 


Acts,  1911.  — Chaps.  39,  40. 


Chap.  39  An  Act  relative  to  the  protection  of  wood  or  summer 

DUCK. 


190G,  274, 

§  1, 

iiinended. 


Protection  of 
certain  birds. 


Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  two  himdred  and  seventy-four  of 
the  acts  of  the  year  nineteen  liundred  and  six  is  hereby 
amended  by  striking  out  the  word  "eleven",  in  the  second 
hne,  and  inserting  in  place  thereof  the  word: —  sixteen, — 
so  as  to  read  as  follows:  —  Section  1.  It  shall  be  unlawful, 
prior  to  the  first  day  of  September  in  the  year  nineteen 
hundred  and  sixteen,  to  hunt,  capture,  wound  or  kill  a 
wood  or  summer  duck.  Appruved  February  15,  1011. 


Brockton 
Wiitor  Ijoan 
1911. 


Chap.   40  An  Act  to  authorize  the  city  of  brockton  to  make  an 

ADDITIONAL   WATER    LOAN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Brockton,  for  the  purposes 
named  in  chapter  one  hundred  anfl  twenty-four  of  the  acts 
of  the  year  eighteen  hundred  and  seventy-eight,  and  also 
for  the  purpose  of  constructing  such  storage  reser\oir  or 
reservoirs  for  its  water  department,  as  it  shall  deem  neces- 
sary within  its  limits  or  in  the  adjoining  town  of  Avon, 
may  issue  from  time  to  time  bonds,  notes  or  scrip  to  an 
amount  not  exceeding  two  hundred  thousand  dollars  in 
addition  to  the  amounts  heretofore  authorized  by  law  to 
be  issued  by  said  city  for  water  works  pui'poses;  and  the 
same  shall  not  be  reckoned  in  determining  the  statutory 
limit  of  indebtedness  of  the  city.  Such  bonds,  notes  or  scrip 
shall  bear  on  their  face  the  words,  Brockton  Water  Loan, 
1911,  shall  be  ])ayable  at  the  expiration  of  periods  not 
exceeding  thirty  years  from  their  dates  of  issue;  shall  bear 
interest  payable  semi-annually  at  a  rate  not  exceeding  four 
and  one  half  per  cent  per  annum,  and  shall  be  signed  by 
the  treasurer  of  the  city  and  countersigned  by  the  mayor. 
The  city  may  sell  such  securities  at  ]niblic  or  ]>rivate  sale, 
or  pledge  the  same  for  money  borrowed  for  the  ])urposes 
of  this  act  upon  such  terms  and  conditions  as  it  n)ay  deem 
])roper:  proridcd,  that  such  securities  shall  not  be  sold  for 
less  than  their  ])ar  ^•ahle•,  and  provided,  further,  that  no  part 
of  the  ])roceeds  of  the  sale  of  .said  bonds,  notes  or  scrip  shall 
be  used  in  ])ayin<'iit  of  running  expenses. 


Provisos. 


Acts,  1911.  — Chap.  il.  29 


b 


Section  2.  The  city  shall  at  the  time  of  authorizing  said  Joa^'"*""*"^ 
loan  provide  for  the  payment  thereof  in  such  annual  pro- 
portionate payments,  beginning  not  more  than  five  years 
after  the  first  issue  of  any  of  such  bonds,  notes  or  scrip, 
as  will  extinguish  the  same  within  the  time  prescribed  by 
this  act;  and  when  a  vote  to  that  effect  has  been  passed, 
a  sum  which  with  the  income  derived  from  water  rates  will 
be  sufficient  to  pay  the  annual  expense  of  operating  its  water 
works  and  the  interest  as  it  accrues  on  the  bonds,  notes  or 
scrip  issued  as  aforesaid  by  said  city,  and  to  make  such 
payments  on  the  principal  as  may  be  required  under  the 
provisions  of  this  act  shall,  without  further  vote,  be  assessed 
by  the  assessors  of  the  city  annually  thereafter,  in  the  same 
manner  in  which  other  taxes  are  assessed  under  the  provi- 
sions of  section  thirty-seven  of  chapter  twelve  of  the  Re- 
vised Laws,  until  the  debt  incm'red  by  said  loan  is  extm- 
ffuished. 

Section  3.     This  act  shall  take  effect  upon  its  accept- 
ance by  the  city  council  of  said  city. 

Approved  February  15,  1911. 

An  Act  to  authorize  the  city  of  brockton  to  construct  (j]iQjy    ^\ 
A  storage  reservoir  for  its  water  department  within 

its    limits    or    in    the    adjoining    town    of   AVON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  city  of  Brockton,   for  the  purpose  of  Brockton^ 
improving  its  water  supply  svstem  bv  the  construction  of  may  construct 

°  .  i  X    I        ._  V  .  ,        a  storage 

a  storage  reservon-  or  reservoirs,  may  take,  or   acquire   by  reservoir. 
purchase  or  otherwise,  and  hold  all  lands,  rights  of  way  and 
easements  necessary  for  the  purpose,  situated  in  the  city 
of  Brockton  or  in  the  adjoining  town  of  Avon. 

Section  2.     Said  city  may  erect  on  the  land  thus  acquired  other*^Jt*ruc- 
reservoirs,  filter  basins,  buildings,  fixtures  and  other  struc-  tuyes  for  the 
tures,  and  may  establish  all  necessary  conduits,  pipes  and  water,  etc. 
other  suitable  structures  for  delivering  water  to  said  city, 
and  may  construct  and  lay  down  aqueducts,  conduits,  pipes 
and  other  works  in,  under,  through  or  over  any  lands,  water 
courses  or  public  or  private  ways,  within  the  limits  of  said 
city,  or  from  said  city  within  the  limits  of  said  town  to  its 
storage  reservoir.     For  the  purpose  of  constructing,  main- 
taining and  repairing  such  conduits,  pipes  and  other  w^orks 
should  the  said  storage  reservoir  be  located  in  said  town, 
said  city  may  dig  up  any  lands,  and,  under  the  direction 


30 


Acts,  1911.  — Chap.  42. 


Description 
of  hind,  etc., 
taken  to  be 
recorded. 


Damages. 


Penalty  for 
destruction 
of  property, 
etc. 


of  the  board  of  selectmen  of  the  said  town,  may  enter  upon 
and  dig  up  any  such  ways  in  such  manner  as  to  cause  the 
least  hindrance  to  public  travel  thereon,  and  shall  restore 
and  keep  in  repair  such  ways  when  they  have  been  dug 
up,  to  the  satisfaction  of  the  selectmen  of  the  said  town. 

Section  3.  Said  city  shall,  within  sixty  days  after  the 
taking  of  any  lands,  rights  of  way  or  easements  under  this 
act,  file  and  cause  to  be  recorded  in  the  registry  of  deeds 
for  the  county  within  which  the  same  are  situated  a  descrip- 
tion thereof  sufficiently  accurate  for  identification,  with  a 
statement  of  the  purpose  for  which  the  same  were  taken, 
signed  by  the  water  commissioners  of  the  city. 

Section  4.  Said  city  shall  pay  all  damages  sustained  by 
any  person,  corporation  or  town,  by  the  taking  of  any  land, 
right  of  way  or  easement,  or  by  any  other  thing  done  by 
the  city  under  the  authority  of  this  act.  Any  ])erson,  cor- 
poration or  town  sustaining  damages  as  aforesaid,  and  fail- 
ing to  agree  with  said  city  as  to  the  amount  thereof,  may 
have  them  determined  in  the  manner  provided  by  law  when 
land  is  taken  for  laying  out  highways,  on  application  at  any 
time  within  two  years  after  the  taking  of  any  such  land  or 
other  property,  or  after  the  doing  of  any  other  injury  under 
authority  of  this  act;  but  no  such  application  shall  be 
entertained  after  the  expiration  of  two  years  from  such 
taking. 

Section  5.  If  any  person  shall  destroy  or  injure  any 
dam,  reservoir,  aqueduct,  pipe,  conduit,  hydrant,  machin- 
ery or  other  j)r()perty  held,  owned  or  used  by  said  city  imder 
the  authority  of  this  act,  he  shall  forfeit  and  pay  to  the  city 
three  times  the  amount  of  damages  assessed  therefor,  to  be 
recovered  in  an  action  of  tort;  and,  on  conviction  of  any  of 
the  wanton  or  malicious  acts  aforesaid,  may  be  i)unished 
by  a  fine  not  exceeding  three  hundred  dollars  or  by  ini])rison- 
ment  in  a  jail  or  house  of  correction  for  a  term  not  exceed- 
ing one  year. 

Section  0.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  15,  1911. 


Chap.  42  An  Act  to  autiiokize  the  town  of  Cheshire  to  refund 

certain  notes. 


The  town  of 
Cheshire 
may  refuiHl 
certain  notes. 


Be  it  enacted,  etc.,  «*■  follows: 

Section  1.     For  the  jinrpose  of  paying  certain  outstand- 
ing notes  amounting  to  eleven  thoii.sand  two  hundred  and 


Acts,  1911.  — Chap.  43.  31 

forty  dollars,  the  town  of  Cheshire  is  hereby  authorized  to 
borrow  the  said  sum  and  to  issue  notes  therefor.  One  of 
the  said  notes  shall  be  payable  in  each  year  after  the  said 
loan  is  made,  and  the  amount  of  the  first  nine  notes  so  issued 
shall  be  eleven  hundred  dollars  each,  and  the  amount  of 
the  tenth  note  shall  be  thirteen  hundred  and  forty  dollars. 
The  said  notes  shall  be  signed  by  the  treasurer  and  counter- 
signed by  the  selectmen  of  the  town,  and  shall  bear  inter- 
est at  a  rate  not  exceeding  four  and  one  half  per  cent  per 
annum.  The  money  required  to  pay  the  interest  on  said 
notes  in  each  j^ear  and  that  part  of  the  principal  which 
becomes  due  in  that  year  shall  be  raised  by  taxation  in  the 
manner  in  which  the  other  expenses  of  the  town  are  pro- 
vided for. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  IS,  1911. 

An  Act  relative  to  the  annual  preparation  and  print-  (Jji^jy^  43 

ING  OF  A  LIST  OF  STATE  OFFICIALS  AND  THEIR  EMPLOYEES 
WITH  THEIR  SALARIES   OR   COMPENSATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section   one   of   chapter  two   hundred   and  §^1^'''  ^^^' 
sixty-eight  of  the  acts  of  the  year  nineteen  hundred  and  a°iended. 
ten  is   hereby  amended  by   striking  out  the  words   "the 
complete  data  and  facts  called  for  by  this  act",  in  the  last 
line,  and  inserting  in  place  thereof  the  words :  —  a  sum- 
mary by  departments,  commissions,  bureaus  and  boards  of 
the  total  number  of  officials  and  employees  employed  in 
or  by  every  such  department,  commission,  bureau  and  board 
and  the  total  amount  paid  for  services  by  every  such  depart- 
ment, commission,  bureau  and  board  from  the  treasury  of 
the  commonwealth,  and,  respectively,  the  whole  number  of 
such  officials  and  emplo.yees,  and  the  whole  amount  paid 
for  services  in  a  grand  total;    and  a  summary  by  every 
such  department,    commission,   bureau   and   board   of  the 
total  number  of  such  officials  and  employees  and  the  total 
amount  paid  for  services  for  the  year  nineteen  hundred  and 
ten,   and  for  each  and  every  year  thereafter,  —  so  as  to 
read  as  follows:  —  Section  1.     Every  department,  commis-  Lists  of 
sion,  bureau  or  board  of  the  commonwealth,  shall,  on  or  employee^ 
before  the  fifteenth  day  of  July  in  the  year  nineteen  hun-  ^*''- 
dred  and  ten,  and  on  or  before  the  fifteenth  day  of  July 
in  every  year  thereafter,  prepare  and  furnish  to  the  governor 


32 


CONSTITUTION   OF   THE 


Incompatible 
offices. 


Briber}',  etc., 
disqualify. 


Value  of  money 
ascertained. 


Property  quali- 
fications may 
be  increased. 
See  amend- 
ments, Arts. 
XIII.  and 
XXXIV. 


Provisions 
respecting 
commissions. 


Provisions  re- 
specting writs. 

2  Pick.  592. 

3  M  et.  58. 
13  Gray,  74. 


Continuation  of 
former  laws, 
except,  etc. 

1  Mass.  59. 

2  Mass.  f.3-1. 

8  Pick.  309,  316. 
18  Pick.  107, 115. 
2  Met.  118. 


Benefit  of 
/iKhent  corpus 
secured,  except, 
etc. 


same  time  have  a  seat  in  the  senate  or  house  of  representa- 
tives ;  but  their  being  chosen  or  appointed  to,  and  accept- 
ing the  same,  shall  operate  as  a  resignation  of  their  seat  in 
the  senate  or  house  of  representatives  ;  and  the  place  so 
vacated  shall  be  filled  up. 

And  the  same  rule  shall  take  place  in  case  any  judge  of 
the  said  supreme  judicial  court,  or  judge  of  probate,  shall 
accept  a  seat  in  council ;  or  anj  councillor  shall  accept  of 
either  of  those  offices  or  places. 

And  no  person  shall  ever  be  admitted  to  hold  a  seat  in 
the  legislature,  or  any  office  of  trust  or  importance  under 
the  government  of  this  commonwealth,  who  shall,  in  the 
due  course  of  law,  have  been  convicted  of  bribery  or  cor- 
ruption in  obtaining  an  election  or  appointment. 

III.  In  all  cases  where  sums  of  money  are  mentioned 
in  this  constitution,  the  value  thereof  shall  be  computed 
in  silver,  at  six  shillings  and  eight  pence  per  ounce  ;  and 
it  shall  be  in  the  power  of  the  legislature,  from  time  to 
time,  to  increase  such  qualifications,  as  to  property,  of 
the  persons  to  be  elected  to  offices,  as  the  circumstances 
of  the  commonwealth  shall  require. 

IV.  All  commissions  shall  be  in  the  name  of  the 
Commonwealth  of  Massachusetts,  signed  by  the  governor 
and  attested  by  the  secretary  or  his  deputy,  and  have  the 
great  seal  of  the  commonwealth  affixed  thereto. 

Y.  All  writs,  issuing  out  of  the  clerk's  office  in  any  of 
the  courts  of  law,  shall  be  in  the  name  of  the  Common- 
wealth of  Massachusetts  ;  they  shall  be  under  the  seal  of 
the  court  from  whence  they  issue  ;  they  shall  bear  test  of 
the  first  justice  of  the  court  to  which  thc}^  shall  be  return- 
able, who  is  not  a  party,  and  be  signed  by  the  clerk  of 
such  court. 

VI.  All  the  laws  which  have  heretofore  been  adopted, 
used,  and  approved  in  the  Province,  Colony,  or  State  of 
Massachusetts  Bay,  and  usuall}^  pmctised  on  in  the  courts 
of  law,  shall  still  remain  and  be  in  full  force,  until  altered 
or  repealed  by  the  legislature  ;  such  ]xirts  only  exce])ted 
as  are  repugnant  to  the  rights  and  liberties  contained  in 
this  constitution. 

VII.  The  privilege  and  benefit  of  the  yxrit  of  habeas 
corpus  shall  be  enjoyed  in  this  commonwealth,  in  the  most 
free,  easy,  cheap,  exp(>ditious,  and  ample  manner;  and 
shall  not  be  suspondod  ]\v  the  legislature,  except  iqion  tiie 
most  urgent  and  jn-essiiig  occasions,  and  for  a  limited 
time,  not  exceediiiii"  twelve  months. 


COMMONWEALTH   OF   MASSACHUSETTS.  33 

VIII.  The  enacting  style,  in  making  and  passing  all  Jty^e!"**^""^ 
acts,  statutes,  and  laws,  shall  be —  "Be  it  enacted  by  the 
Senate  and  House  of  Representatives  in  General  Court 
assembled,  and  by  the  authority  of  the  same." 

IX.  To  the  end  there  may  be  no  failm^e  of  justice,  or  officers  of 
danger  arise  to  the  commonwealth  from  a  change  of  the  ment  continued 
form  of  government,  all  officers,  civil  and  military,  hold-  ""*' '  ®  '^' 
ing  commissions  under  the  government  and   people   of 
Massachusetts  Bay  in  New  England,  and  all  other  officers 

of  the  said  government  and  people,  at  the  time  this  con- 
stitution shall  take  eflect,  shall  have,  hold,  use,  exercise, 
and  enjoy,  all  the  powers  and  authority  to  them  granted 
or  committed,  until  other  persons  shall  be  appointed  in 
their  stead  ;  and  all  courts  of  law  shall  proceed  in  the 
execution  of  the  business  of  their  respective  departments  ; 
and  all  the  executive  and  legislative  officers,  bodies,  and 
powers  shall  continue  in  full  force,  in  the  enjoyment  and 
exercise  of  all  their  trusts,  employments  and  authorit}^ ; 
until  the  general  coiu't,  and  the  supreme  and  executive  offi- 
cers under  this  constitution,  are  designated  and  invested 
with  their  respective  trusts,  powers,  and  authorit}^ 

X.  [In   order  the  more  effectually  to  adhere  to  the  Provision  for 
principles  of  the  constitution,  and  to  correct  those  viola-  stitutkm.*^'*'' 
tions  Avhich  by  any  means  may  be  made  therein,  as  well  provtdonaf  to 
as  to  form  such  aUerations  as  from  experience  shall  be  g™'*am"nd.**' 
found  necessary,  the  general  court  which  shall  be  in  the  ments,  Art.  ix. 
year  of  our  Lord  one  thousand  seven  hundred  and  ninety- 
five,  shall  issue  precepts  to  the  selectmen  of  the  several 

towns,  and  to  the  assessors  of  the  unincorporated  planta- 
tions, directing  them  to  convene  the  qualified  voters  of 
their  respective  towns  and  plantations,  for  the  piu-pose  of 
collecting  their  sentiments  on  the  necessity  or  expediency 
of  revisino;  the  constitution,  in  order  to  amendments. 

And  if  it  shall  appear,  by  the  returns  made,  that  two-  Provision  for 
thirds  of  the  qualified  voters  throughout  the  state,  who  Btuutiol!°°" 
shall  assemble  and  vote  in  consequence  of  the  said  pre- 
cepts, are  in  favor  of  such  revision  or  amendment,  the 
general  cornet  shall  issue  precepts,  or  direct  them  to  be 
issued  from  the  secretary's  office,  to  the  several  towns 
to  elect  delegates  to  meet  in  convention  for  the  purpose 
aforesaid. 

The  said  deleo-ates  to  be  chosen  in  the  same  manner 
and  proportion  as  their  representatives  in  the  second 
branch  of  the  legislature  are  by  this  constitution  to  be 
chosen.] 


34 


CONSTITUTION   OF   THE 


preJirl^ngand        ^I-     Tliis  foriTi  of   govemmeiit  shall   be  enrolled   on 

coDBtitution'''''   parchment,  and  deposited  in  the  secretar3''s  office,  and  be 

a  part  of  the  laws  of  the  land  ;  and  printed  copies  thereof 

shall  be  prefixed  to  the  book  containing"  the  hiws  of  this 

commonwealth,  in  all  fntm-e  editions  of  the  said  laws. 


Bill,  etc.,  not 
approved  within 
five  days,  not  to 
become  a  law, 
if  legislature 
adjourn  in  the 
mean  time. 
3  Mass.  567. 
See  ConBt.,  Ch. 
I.,  §  1,  Art.  II. 


General  court 
empowered  to 
charter  cities. 
122  Maes.  354. 


Proviso. 

112  Mass.  200. 


Qnalificationeof 
voters  for  gov- 
ernor, lieuten- 
ant-governor, 
senators  and 
representatives. 
See  amend- 
ments. Arts. 
XXX.  and 
XXXII. 
ll]'ick..538,540. 
14  1'ick.341. 
14  Mass.  367. 
6  Met.  102,298, 
591,504. 


AKTICLES   OF   AMEND:\IENT. 

Article  I.  If  any  bill  or  resolve  shall  be  objected  to, 
and  not  approved  by  the  governor ;  and  if  the  general 
com*t  shall  adjourn  within  five  days  after  the  same  shall 
have  been  laid  before  the  governor  for  his  approbation, 
and  thereby  prevent  his  returning  it  with  his  objections, 
as  provided  by  the  constitution,  such  bill  or  resolve  shall 
not  become  a  law,  nor  have  force  as  such. 

Art.  II.  The  general  court  shall  have  full  power  and 
authorit}^  to  erect  and  constitute  municipal  or  city  gov- 
ernments, in  an}^  corporate  town  or  towns  in  this  com- 
monwealth, and  to  grant  to  the  inhabitants  thereof  such 
powers,  privileges,  and  immunities,  not  repugnant  to  the 
constitution,  as  the  general  court  shall  deem  necessary 
or  expedient  for  the  regulation  and  government  thereof, 
and  to  prescribe  the  manner  of  calling  and  holding  public 
meetings  of  the  inhabitants,  in  wards  or  otherwise,  for 
the  election  of  officers  under  the  constitution,  and  the 
manner  of  returning  the  votes  given  at  such  meetings. 
Provided,  that  no  such  o-overnment  shall  be  erected  or 
constituted  in  any  town  not  containing  twelve  thousand 
inhabitants,  nor  unless  it  be  with  the  consent,  and  on  the 
application  of  a  majority  of  the  inhabitants  of  such  town, 
present  and  voting  thereon,  ])ursuant  to  a  vote  at  a  meet- 
ing duly  warned  and  holden  for  that  purpose.  And  pro- 
vided, also,  that  all  by-laAvs,  made  by  such  municipal 
or  city  government,  shall  be  subject,  at  all  times,  to  be 
annulled  by  the  general  court. 

Art.  III.  Every  male  citizen  of  twentv-one  A'ears  of 
age  and  u])wards,  excepting  })aupers  and  })ersons  under 
guardianship,  who  shall  have  resided  Avitliiii  the  common- 
wealth one  3'ear,  and  within  the  town  or  district  in  which 
he  may  claim  a  right  to  vote,  six  calendar  months  next 
preceding  any  el(>cti()n  of  governor,  lieutenant-governor, 
senators,  or  re})resentatives,  [and  Avho  shall  have  paid, 
by  himself,  or  his  parent,  ma.ster,  or  guardian,  any  state 


COMMONWEALTH   OF   MASSACHUSETTS.  35 

or  county  tax,  which  shall,  within  two  years  next  preced-  l^^^^l^^^^ 
ins:  such  election,  liave  been  assessed  upon  him,  in  any  597. 

C5  T .         .  ,,      ,   .  1111  '^     124  Mass.  596, 

town  or  district  01  this  commonwealth  ;   and  also  every  For  educational 
citizen  who   shall  be,  by  law,  exempted  from  taxation,  geeamend°.°' 
and  who  shall  be,  in  all  other  respects,  qualified  as  above  Fo^prov[si^' 
mentioned,]  shall  have  a  right  to  vote  in  such  election  of  ^ave ser^^dTn ° 
governor,  lieutenant-o-overnor,  senators,  and  representa- the  army  or 

o  '  O  in  -11  •       navy  in  time 

fives  ;  and  no  other  person  shall  be  entitled  to  vote  in  of  war,  see 

,        ,         .  *■  amendments, 

such  election.  Arts.xxviii. 

See  also  amendments,  Art.  XXHI.,  which  was  annulled  by  amendments,  Art.  XXVI. 

Art.  IV.     Notaries  public  shall  be  aiipointed  by  the  Notaries puWic, 

,-,  ^  .      T .    .    ,       ,»=  how  appointed 

governor  m  the  same  manner  as  judicial  oihcers  are  ap-  and  removed. 
pointed,  and  shall  hold  their  offices  during  seven  years, 
unless  sooner  removed  by  the  governor,  with  the  consent 
of  the  council,  upon  the  address  of  both  houses  of  the  ^®entrAr1;" 
legislature.  xxxvii.  " 

fin  case  the  office  of  secretary  or  treasurer  of  the  com-  vacancies  in  the 

■  jiiTii  f    n  1       '  offices  of  secre- 

mon wealth  shall  become  vacant  irom  any  cause,  during  tary  and treas. 
the  recess  of  the  general  coiu't,  the  governor,  with  the  ThTs'ciausf^^^^' 
advice  and  consent  of   the  council,   shall   nominate  and  amMdmelSts^^ 
appoint,  under  such  regulations   as   may  be    prescribed  Art.  xvii. 
by  law,  a  competent  and  suitable  person  to  such  vacant 
office,  who  shall  hold  the  same  until  a  successor  shall  be 
appointed  by  the  general  court.] 

Whenever  the  exigencies  of   the  commonwealth  shall  ge™"l^maj"be 
require  the  appointment  of  a  commissarv-ffeneral,  he  shall  appointed,  in 

,  .  1  .  T  1  .."^i.  ,  case,  etc. 

be  nominated,  appointed,  and  commissioned,  m  such  man- 
ner as  the  legislature  ma}^,  by  law,  prescribe. 

All  officers  commissioned  to  command  in  the  militia  Miiitia  officers, 

,  -,     n,  ^1  .  ,  i  1       T        •        how  removed. 

may  be  removed  irom  office  in  such  manner  as  the  legis- 
lature may,  by  law,  prescribe. 

Art.  V.     In  the  elections  of  captains  and  subalterns  who  may  vote 
of  the  militia,  all  the  members  of  theu-  respective  coinpa-  eubai^temr '"^^ 
nies,  as  well  those  under  as  those  above  the  age  of  twenty- 
one  years,  shall  have  a  right  to  vote. 

Art.  VI.     Instead  of  the  oath  of  allegiance  prescribed  ?y  aVoffldre.^" 
by  the  constitution,  the  followino;  oath  shall  be  taken  and  ^t^Vrr^^^u  t 

•^  ,  '  o  .  Ch.  VI.,  Art.  I. 

subscribed  by  every  person  chosen  or  appointed  to  any 
office,  civil  or  military,  under  the  government  of  this 
commonwealth,  before  he  shall  enter  on  the  duties  of  his 
office,  to  Avit :  — 

"I,  A.  B.,  do  solemnly  swear,  that  I  will  bear  true 
faith  and  allegiance  to  the  Commonwealth  of  Massachu- 
setts, and  will  support  the  constitution  thereof.  So  help 
me,  God." 


36  CONSTITUTION   OF   THE 

Quakers  may  Pvovided^  That  wheii  any  person  shall  be  of  the  denomi- 

affirm.  nation  called  Quakers,  and  shall  decline  taking  said  oath, 

he  shall  make  his  affirmation  in  the  foregoing  form,  omit- 
ting the  word  ' '  swear  "  and  inserting,  instead  thereof,  the 
word  ' '  affirm,"  and  omitting  the  words  ' '  So  help  me,  God," 
and  subjoining,  instead  thereof,  the  words,  "This  I  do 
under  the  pains  and  penalties  of  perjury." 
Tests  abolished.      Art.  VII.     No  oath,  declaration,  or  subscription,  ex- 
cepting the  oath  prescribed  in  the  preceding  article,  and 
the  oath  of  office,  shall  be  requu-ed  of  the  governor,  lieuten- 
ant-governor, councillors,  senators,  or  representatives,  to 
qualify  them  to  perform  the  duties  of  their  respective  offices. 
So°S"^""^       Art.  VIII.      No  judge  of  any  court  of  this  common- 
122 Mass. 445,     wealth,    (cxccpt  tlic  court  of   sessions,)    and  no  person 
lasMass. 525.     holding   any  office    under   the    authority   of    the   United 
States,   (postmasters  excepted,)  shall,  at  the  same  time, 
hold  the  office  of  governor,  lieutenant-governor,  or  coun- 
cillor, or  have  a  seat  in  the  senate  or  house  of  representa- 
tives of  this  commonwealth  ;  and  no  judge  of  any  court  in 
this  common Avealth,  (except  the  court  of  sessions,)  nor  the 
attorney-general,  solicitor-general,  county  attorney,  clerk 
of  any  court,  sheriif,  treasiu-er  and  receiver-general,  reg- 
ister of  probate,  nor  register  of  deeds,  shall  continue  to 
hold  his  said  office  after  being  elected  a  member  of  the 
Congress  of  the  United  States,  and  accepting  that  trust ; 
but  the  acceptance  of  such  trust,  by  any  of  the  officers 
aforesaid,  shall  be  deemed  and  taken  to  be  a  resignation 
of  his  said  office  ;  and  judges  of  the  courts  of  common 
pleas  shall  hold  no  other  office  under  the  government  of 
this  commonwealth,  the  office  of  justice  of  the  peace  and 
militia  offices  excepted. 
MM^muUGn** *°       Art.  IX.     If,  at  any  time  hereafter,  any  specific  and 
how  made.        particular  amendment  or  amendments  to  the  constitution 
be  proposed  in  the  general  court,  and  agreed  to  b}''  a  ma- 
jority of  the  senators  and  two-thirds  of  the  members  of 
the  house  of  representatives  present  and  voting  thereon, 
such  proposed  amendment  or  amendments  shall  be  entered 
on  the  iournals  of  the  two  houses,  with  the  veas  and  navs 
taken  thereon,  and  referred  to  the  general  court  then  next 
to  be  chosen,  and  shall  be  }niblished  ;  and  if,  in  the  general 
court  next  chosen  as  aforesaid,  such  proposed  amendment 
or  amendments  shall  be  agreed  to  by  a  majority  of  the 
senators  and  two-thirds  of  the  members  of  the  house  of 
representtitivcs  present  and  voting  thereon,  then  it  shall 
be  the  duty  of  the  general  court  to  submit  such  proposed 


COMMONWEALTH   OF   MASSACHUSETTS.  37 

amendment  or  amendments  to  the  people  ;  and  if  they 
shall  be  approved  and  ratified  by  a  majority  of  the  quali- 
fied voters,  voting  thereon,  at  meetings  legally  warned 
and  holden  for  that  pm-pose,  they  shall  become  part  of 
the  constitution  of  this  commonwealth. 

Art.  X.     The  political  year  shall  begin  on  the  first  commencement 

,.   T  '  -i       n     ^        1  -fTT     1  1  ,.   of  political 

Wednesday  of  January,  instead  of  tue  last  Wednesday  of  year, 
May  ;  and  the  general  court  shall  assemble  every  year  on 
the  said  first  Wednesday  of  January,  and  shall  proceed,  at 
that  session,  to  make  all  the  elections,  and  do  all  the  other 
acts,  which  are  b}^  the  constitution  required  to  be  made  and 
done  at  the  session  which  has  heretofore  commenced  on  the 
last  Wednesday  of  May.  And  the  general  court  shall  be  ^^^^^^^'"^^''^^ 
dissolved  on  the  da}^  next  preceding  the  first  Wednesday 
of  January,  without  any  proclamation  or  other  act  of  the 
governor.  But  nothing  herein  contained  shall  prevent 
the  ofeneral  com't  from  assembling  at  such  other  times  as 
they  shall  judge  necessary,  or  when  called  together  by  the 
governor.  The  governor,  lieutenant-governor  and  coun- 
cillors, shall  also  hold  their  respective  offices  for  one  year 
next  following  the  fu-st  Wednesday  of  January,  and  until 
others  are  chosen  and  qualified  in  their  stead. 

[The  meeting  for  the  choice  of  governor,  lieutenant-  ^0^;*^^ f  Jj,'^*^^ 
governor,  senators,  and  representatives,  shall  be  held  on  emor,  ueuten- 

1  1      T»  r        1  /•    -vT  1  •  \      J.  ant-governor, 

the    second    Monday  of    JNovember  m   every  year;    but  etc.,  when  to  be 
meetings  may  be  adjourned,  if  necessary,  for  the  choice  This'ciause 
of  representatives,  to  the  next  day,  and  again  to  the  next  am^en'dme^nt]',^ 
succeeding  day,  but  no  further.     But  in  case  a  second  ^^.xv. 
meeting  shall  be  necessary  for  the  choice  of  representa- 
tives, such  meetings  shall  be  held  on  the  fourth  Monday 
of  the  same  month  of  November.] 

All  the  other  provisions  of  the  constitution,  respecting 
the  elections  and  proceedings  of  the  members  of  the  gen- 
eral court,  or  of  any  other  officers  or  persons  whatever,  that 
have  reference  to  the  last  Wednesday  of  May,  as  the  com- 
mencement of  the  political  year,  shall  be  so  far  altered,  as 
to  have  like  reference  to  the  first  Wednesday  of  January. 

This  article  shall  go  into  operation  on  the  first  day  of  ^^gf^iJ^^° 
October,  next  following  the  day  when  the  same  shall  be  operation. 
duly  ratified  and  adopted  as  an  amendment  of  the  consti- 
tution ;  and  the  governor,  lieutenant-governor,  councillors, 
senators,  representatives,  and  all  other  state  officers,  who 
are  annually  chosen,  and  who  shall  be  chosen  for  the  cur- 
rent year,  when  the  same  shall  go  into  operation,  shall 
hold  their  respective  offices  until  the  fu*st  Wednesday  of 


38 


COXSTITUTIOX   OF   THE 


Inconsistent 

provisions 

annulled. 


Religious 
freedom 
estahlished. 
See  Dec.  of 
Rights,  Art. 
III. 


122  Maes.  40,41. 


Census  of  rata- 
ble polls  to  be 
taken  in  1837, 
and  decennially 
thereafter. 
This  article  was 
superseded  by 
amendments, 
Art.  XIII., 
which  was  also 
superseded  by 
amendments, 
Art.  XXI. 
Representa- 
tives, how 
apportioned. 


January  then  next  followintr,  and  until  others  are  chosen 
and  qualified  in.  their  stead,  and  no  longer ;  and  the  first 
election  of  the  governor,  lieutenant-governor,  senators,  and 
representatives,  to  be  had  in  vu-tue  of  this  article,  shall 
be  had  conformably  thereunto,  in  the  month  of  November 
following  the  day  on  which  the  same  shall  be  in  force,  and 
go  into  operation,  pursuant  to  the  foregoing  provision. 

All  the  provisions  of  the  existing  constitution,  incon- 
sistent Avith  the  provisions  herein  contained,  are  hereby 
wholly  annulled. 

Art.  XI.  Instead  of  the  third  article  of  the  bill  of 
rights,  the  following  modification  and  amendment  thereof 
is  substituted  :  — ' 

"As  the  public  worship  of  God  and  instructions  in 
piet}^  religion,  and  morality,  promote  the  happiness  and 
prosperity  of  a  people,  and  the  security  of  a  republican 
government ;  therefore,  the  several  religious  societies  of 
this  commonwealth,  whether  corporate  or  unincorporate, 
at  any  meeting  legally  warned  and  holden  for  that  pur- 
pose, shall  ever  have  the  right  to  elect  their  pastors  or 
religious  teachers,  to  contract  with  them  for  their  support, 
to  raise  money  for  erecting  and  repairing  houses  for  public 
Avorship,  for  the  maintenance  of  religious  instruction,  and 
for  the  payment  of  necessary  expenses  ;  and  all  persons 
belonging  to  any  religious  society  shall  be  taken  and  held 
to  be  members,  until  they  shall  file  with  the  clerk  of  such 
society  a  written  notice,  declaring  the  dissolution  of  their 
membership,  and  thenceforth  shall  not  be  liable  for  any 
grant  or  contract  which  ma}^  be  thereafter  made,  or  entered 
into  by  such  society  ;  and  all  religious  sects  and  denomi- 
nations, demeaning  themselves  peaceabl}",  and  as  good 
citizens  of  the  commonwealth,  shall  be  equally  under  the 
protection  of  the  law  :  and  no  subordination  of  any  one 
sect  or  denomination  to  another  shall  ever  be  established 
by  law." 

Akt.  XII.  [In  order  to  provide  for  a  representation 
of  the  citizens  of  this  commonwealth,  founded  u}X)n  the 
princi[)les  of  equality,  a  census  of  the  ratable  polls,  in  each 
city,  town,  and  district  of  the  commonwealth,  on  the  first 
da}^  of  May,  shall  be  ttiken  and  returned  into  the  secre- 
tary's office,  in  such  manner  as  the  legislature  shall  pro- 
vide, within  the  month  of  May,  in  the  year  of  oiu*  Lord 
one  thousand  eight  hundred  and  thirty-seven,  and  in  every 
tenth  year  thereafter,  in  the  month  of  ^lay.  in  manner 
aforesaid  ;  and  each  town  or  city  havinii:  three  hundred  rata- 


CO^niOXWEALTH   OF   MASSACHUSETTS.  39 

ble  polls  at  the  last  preceding  decennial  census  of  polls, 
may  elect  one  representative,  and  for  every  four  hundred 
and  fift}^  ratable  polls  in  addition  to  the  first  three  hun- 
dred, one  representative  more. 

Any  town  having  less  than  three  hundred  ratable  polls  Towns  having 
shall  be  represented  thus  :  The  whole  number  of  ratable  rltabie'^poiis, 
polls,  at  the  last  preceding  decennial  census  of  polls,  shall  sei^ed?'^^' 
be  multiplied  by  ten,  and  the  product  divided  by  tliree 
hundred  ;  and  such  town  may  elect  one  representative  as 
many  3^ears  within  ten  years,  as  three  hundred  is  contained 
in  the  product  aforesaid. 

Any  city  or  town  having  ratable  polls  enough  to  elect  f/preiented"^ 
one  or  more  representatives,  with  any  number  of  polls 
beyond  the  necessary  number,  may  be  represented,  as  to 
that  surplus  number,  by  multiplying  such  surplus  number 
by  ten  and  dividing  the  product  by  four  hundred  and  fifty  ; 
and  such  city  or  town  may  elect  one  additional  representa- 
tive as  many  years,  within  the  ten  years,  as  four  hundred 
and  fifty  is  contained  in  the  product  aforesaid. 

Any  two  or  more  of  the  several  towns  and  districts  Towns  may 
may,  by  consent  of  a  majority  of  the  legal  voters  present  sentative  dis- 
at  a  legal  meeting,  in  each  of  said  towns  and  districts, 
respectively,  called  for  that  purpose,  and  held  previous  to 
the  first  day  of  July,  in  the  year  in  which  the  decennial 
census  of  polls  shall  be  taken,  form  themselves  into  a  rep- 
resentative district  to  continue  until  the  next  decennial 
census  of  polls,  for  the  election  of  a  representative,  or  rep- 
resentatives ;  and  such  district  shall  have  all  the  rights,  in 
regard  to  representation,  which  would  belong  to  a  town 
containing  the  same  nmnber  of  ratable  polls. 

The  governor  and  council  shall  ascertain  and  determine.  The  governor 
within  the  months  of  July  and  August,  in  the  year  of  our  determ"ine\he 
Lord  one  thousand  eight  hundred  and  thk'ty-seven,  accord-  resTntetivlrto" 
ing  to  the  foregoing  principles,  the  number  of  representa-  town^is^'entitied. 
tives,  which  each  city,  town,  and  representative  district 
is  entitled  to  elect,  and  the  number  of  years,  within  the 
period  of  ten  3'ears  then  next  ensuing,   that  eacli   city, 
town,  and  representative  district  may  elect  an  additional 
representative  ;  and  where  any  town  has  not  a  sufficient 
number  of  polls  to  elect  a  representative  each  year,  then , 
how  many  years  within  the  ten  years,  such  town  may  elect 
a  representative  ;  and  the  same  shall  be  done  once  in  ten  New  apportion- 

.1  n  ^         ji  T  •!  1     j^i        ment  to  be  made 

years,  thereafter,  by  the  governor  and  council,  and  the  onceinevery 
number  of  ratable  polls  in  each  decennial  census  of  polls,  ^^'^y®^"- 
shall  determine  the  number  of  representatives,  which  each 


40  CONSTITUTION   OF   THE 

city,  town  and  representative  district  may  elect  as  afore- 
said ;  and  when  the  number  of  representatives  to  be  elected 
by  each  city,  town,  or  representative  district  is  ascertained 
and  determined  as  aforesaid,  the  governor  shall  cause  the 
same  to  be  published  forthAvith  for  the  information  of  the 
people,  and  that  number  shall  remain  fixed  and  unalterable 
for  the  period  of  ten  years. 
provL^onr*  ^^^  ^^^^  provisions  of  the  existing  constitution  incon- 

annuiied.  sistcut  witli  the  provislons  herein  contained,  are  hereby 

wholly  annulled.] 
SbUant°B^!f'be  Art.  XIII.  [A  ccnsus  of  the  inhabitants  of  each  city 
and^dJc'cMtahy  ^'^^  towu,  ou  the  first  day  of  May,  shall  be  taken,  and 
thereafter,  for  returned  iuto  tlic  Secretary's  ofhce,  on  or  before  the  last 
sentation.  day  of  Juuc,  of  the  year  one  thousand  eight  hundred  and 
ce'nJus'super  forty,  and  of  every  tenth  year  thereafter ;  which  census 
menfs!*A*r™!'^*^  sliall  determine  the  apportionment  of  senators  and  repre- 
XXI. and XXII.  seutativcs  for  the  term  of  ten  years.  i22MaB8. 595. 

trlcfs^deciared  The  scvcral  Senatorial  districts  now  existing  shall  be 
permanent.        permanent.     The  senate  shall  consist  of  forty  members  ; 

ProviBions  as  to  i  ^  i        •    i        i  i  i     • 

senators  super-  and  lu  the  year  one  thousand  eiirht  hundred  and  lortv, 

eeded  by  amend-  ,  "^      -  ,  I'l  l^~^  i  '-i 

ments,  Art.  and  cvcry  tenth  year  thereatter,  the  governor  and  council 
shall  assign  the  number  of  senators  to  be  chosen  in  each 
district,  according  to  the  number  of  inhabitants  in  the 
same.  But,  in  all  cases,  at  least  one  senator  shall  be 
assigned  to  each  district. 
^ntatlveVh^w'  The  mcmbcrs  of  the  house  of  representatives  shall  be 
apportioned.      apportioned  in  the  followine;  manner:  Every  town  or  city 

Provisions  astoi^..  ii-ii-  i 

representatives  coutiiining  twclvc  hundred  inhabitants  may  elect  one  rep- 
ame^ndme^nts/  rcscntative  ;  and  two  thousand  four  hundred  inhabitants 
Art.  XXI.         shall  be  the  mean  increasing  number,  Avhich  shall  entitle 

it  to  an  additional  representative. 
h™w^iep^°*'  Every  town  containing  less  than  twelve  hundred  inhab- 

sented.  itants  shall  be  entitled  to  elect  a  representative  as  many 

times  within  ten  years  as  the  number  one  hundred  and 
sixty  is  contained  in  the  number  of  the  inhabitants  of  said 
town.  Such  towns  may  also  elect  one  representative  for 
the  year  in  wliich  the  vahiation  of  estates  within  the  com- 
monwealth shall  be  settled. 
TniteTnto"^  Any  two  or  more  of  the  several  towns  may,  by  consent 

dtstricte^^''^  of  a  majority  of  the  legal  voters  present  at  a  legal  meet^ 
ing,  in  each  of  said  towns,  respectively,  called  for  that 
]iur])ose,  and  h(^ld  before  the  first  day  of  August,  in  the 
year  one  thousand  eii>ht  hundred  and  fortv,  and  every 
tenth  year  thereafter,  form  themselves  into  a  representa- 
tive district,  to  continue  for  the  term  of  ten  years  ;  and 


COMMONWEALTH   OF   MASSACHUSETTS.  41 

such  disti'ict  shall  have  all  the  rights,  in  regard  to  repre- 
sentation, which  would  belong  to  a  town  containing  the 
same  number  of  inhabitants. 

The  number  of  inhabitants  which  shall  entitle  a  town  Basis  of 

.         1       .  j_    i-  1   j^i  •  •  representation. 

to  elect  one  representative,  and  the  mean  increasing  num-  and  ratio  of 
ber  which  shall  entitle  a  town  or  city  to  elect  more  than  "^•^'®''*®- 
one,  and  also  the  number  by  which  the  population  of  towns 
not  entitled  to  a  representative  every  year  is  to  be  divided, 
shall  be  increased,  respectively,  by  one-tenth  of  the  num- 
bers above  mentioned,  whenever  the  population  of  the 
commonwealth  shall  have  increased  to  seven  hundred  and 
seventy  thousand,  and  for  every  additional  increase  of 
seventy  thousand  inhabitants,  the  same  addition  of  one- 
tenth  shall  be  made,  respectively,  to  the  said  numbers 
above  mentioned. 

In  the  year  of  each  decennial  census,  the  governor  and  Jn^dc^^i^cu^to 
council  shall,  before  the  first  day  of  September,  apportion  nP^bel'^of'^^ 
the  number  of  representatives  which  each  city,  town,  and  repreeentatives 

OT  PflPll  town 

representative  district  is  entitled  to  elect,  and  ascertain  once  in  every 
how  many  years,  within  ten  years,  any  town  may  elect  a  ^'^y®*'^®" 
representative,  which  is  not  entitled  to  elect  one  every 
year  ;  and  the  governor  shall  cause  the  same  to  be  pub- 
lished forthwith. 

Nine  councillors  shall  be  annually  chosen  from  among  councillors  to 
the  people  at  large,  on  the  first  Wednesday  of  January,  the'peopfe  at*™ 
or  as  soon  thereafter  as  may  be,  by  the  joint  ballot  of  the  Provisions  as  to 
senators  and  representatives,  assembled  in  one  room,  who  superseded  by 
shall,  as  soon  as  may  be,  in  like  manner,  fill  up  any  vacan-  ^endments, 
cies  that  may  happen  in  the  council,  by  death,  resignation, 
or  otherwise.     No  person  shall  be  elected  a  councillor,  who  Qualifications 
has  not  been  an  inhabitant  of  this  commonwealth  for  the  °  ^°^'^ 
term  of  five  j^ears  immediately  preceding  his  election  ; 
and  not  more  than  one  councillor  shall  be  chosen  from 
any  one  senatorial  district  in  the  commonwealth.] 

No  possession  of  a  freehold,  or  of  any  other  estate,  shall  quaimclftion^for 
be  required  as  a  qualification  for  holding;  a  seat  in  either  a  seat  in  general 

i  i  ,         .  ^  .  „  court  or  council 

branch  oi  the  general  court,  or  in  the  executive  council,     not  required. 

Art.  XIV.     In  all  elections  of  civil  officers  by  the  Elections  by  the 
people  of  this  commonwealth,  whose  election  is  provided  piu?aut*yo/*'^ 
for  by  the  constitution,  the  person  having  the  highest  num-  '^°*®^- 
ber  of  votes  shall  be  deemed  and  declared  to  be  elected. 

Art.  XV.     The  meeting  for  the  choice  of  orovernor,  Time  of  annual 

^^  ^^  dcctioD  of  ffov- 

lieutenant-governor,  senators,  and  representatives,  shall  emor  and  legis. 
be  held  on  the  Tuesday  next  after  the  first  Monday  in  ^^^'^^' 
November,  annually  ;  but  in  case  of  a  failure  to  elect  rep- 


42  CONSTITUTION   OF   THE 

resentatives  on  that  day,  a  second  meeting  shall  be  holden, 
for  that  purpose,  on  the  fourth  Monday  of  the  same  month 
of  November. 
Eight  council-         Art.  XVI.     Eio;ht  councillors  shall  be  annually  chosen 

lors  to  be  chosen  ,.,,.  pi-  Tr-i, 

by  the  people,    by  the  inhabitants  oi  this  commonwealth,  quahned  to  vote 

12*^  Mass   596  *^ 

598.  *  '  for  governor.  The  election  of  councillors  shall  be  deter- 
mined by  the  same  rule  that  is  required  in  the  election  of 
governor.  The  legislature,  at  its  first  session  after  this 
amendment  shall  have  been  adopted,  and  at  its  first  ses- 
sion after  the  next  state  census  shall  haA^e  been  taken, 
and  at  its  first  session  after  each  decennial  state  census 

dwcfstlte*'  thereafterwards,  shall  divide  the  commonwealth  into  eight 
districts  of  contiguous  territory,  each  containing  a  number 
of  inhabitants  as  nearly  equal  as  practicable,  Avithout  divid- 
ing any  town  or  ward  of  a  city,  and  each  entitled  to  elect 
one  councillor  :  provided,  however,  that  if,  at  any  time,  the 
constitution  shall  provide  for  the  division  of  the  common- 
wealth into  forty  senatorial  districts,  then  the  legislature 
shall  so  arrange  the  councillor  districts,  that  each  district 
shall  consist  of  five  contiguous  senatorial  districts,  as 
they  shall  be,  from  time  to  time,  established  by  the  legis- 

delSed"^  lature.  No  person  shall  be  eligible  to  the  office  of  coun- 
cillor who  has  not  been  an  inhabitant  of  the  commonwealth 
for  the  term  of  five  years  immediately  preceding  his  elec- 

S'of'deSfon    ti""^-     The  day  and  manner  of  the  election,  the  return  of 

etc-  '   the  votes,  and  the  declaration  of  the  said  elections,  shall 

be  the  same  as  are  requu-ed  in  the  election  of  governor. 

Vacancies,  how  ["Whenever  there  shall  be  a  failure  to  elect  the  full  num- 

vi^iouTstr'     ^^^  ^^  councillors,  the  vacancies  shall  be  filled  in  the  same 

vacancies,  see     manner  as  is  required  for  filling  vacancies  in  the  senate  ; 

Art.  XXV.  '  and  vacancies  occasioned  by  death,  removal  from  the  state, 
or  otherwise,  shall  be  filled  in  like  manner,  as  soon  as  may 

Organization  of  j^q    after  such  vacancics  shall  have  happened.]     And  that 

the  government.  '  n    i  •         i  •         •  c     \ 

there  may  be  no  delay  in  the  organization  oi  the  govern- 
ment on  the  first  Wednesday  of  January,  the  governor, 
with  at  least  five  councillors  for  the  time  being,  shall,  as 
soon  as  may  be,  examine  the  retiu'ned  copies  of  the  records 
for  the  election  of  governor,  lieutenant-governor,  and  coun- 
cillors ;  and  ten  days  before  the  said  first  Wednesday  in 
January  he  shall  issue  his  summons  to  such  persons  as 
apjjcar  to  be  chosen,  to  attend  on  that  day  to  be  qualified 
accordingly  ;  and  the  secretary  shall  lay  the  rotiuMis  before 
the  senate  and  house  of  re})resentatives  on  the  said  first 
Wednesday  in  January,  to  be  by  them  examined  ;  and  in 
case  of  the  election  of  either  of  said  officers,  the  choice 


COMMONWEALTH   OF   MASSACHUSETTS.  43 

shall  be  by  them  declared  and  published  ;  but  in  case  there 
shall  be  no  election  of  either  of  said  officers,  the  legislat- 
ure shall  proceed  to  fill  such  vacancies  in  the  manner  pro- 
vided in  the  constitution  for  the  choice  of  such  officers. 

Art.  XVII.     The   secretary,   treasurer  and  receiver-  Election  of 
general,  auditor,  and  attorney-general,   shall  be  chosen  urerfauditorf^' 
annually,   on    the   day  in  November   prescribed  for  the  genefaVbyThe 
choice  of  governor  ;  and  each  person  then  chosen  as  such,  people. 
duly  qualified  in  other  respects,  shall  hold  his  office  for 
the  term  of  one  year  from  the  third  Wednesday  in  Jan- 
uary next  thereafter,   and  until  another  is  chosen    and 
qualified  in  his  stead.     The  qualification  of  the  voters, 
the  manner  of  the  election,  the  return  of  the  votes,  and 
the  declaration  of  the  election ,  shall  be  such  as  are  required 
in  the  election  of  governor.     In  case  of  a  failure  to  elect  vacanciee,  how 
either  of  said  officers  on  the  day  in  November  aforesaid, 
or  in  case  of  the  decease,  in  the  mean  time,  of  the  person 
elected  as  such,  such  officer  shall  be  chosen  on  or  before 
the  third  Wednesday  in  January  next  thereafter,  from 
the  two  persons  who  had  the  highest  number  of  votes  for 
said  offices  on  the  day  in  November  aforesaid,  by  joint 
ballot  of  the  senators  and  representatives,  in  one  room ; 
and  in  case  the  office  of  secretary,  or  treasurer  and  receiver- 
general,  or  auditor,  or  attorney-general,  shall  become  va- 
cant, from  any  cause,  during  an  annual  or  special  session 
of  the  general  court,  such  vacancy  shall  in  like  manner 
be  filled  by  choice  from  the  people  at  large  ;  but  if  such 
vacancy  shall  occur  at  any  other  time,  it  shall  be  supplied 
by  the  governor  by  appointment,  with  the  advice  and  con- 
sent of  the  council.     The  person  so  chosen  or  appointed, 
duly  qualified  in  other  respects,  shall  hold  his  office  until 
his  successor  is  chosen  and  duly  qualified  in  his  stead. 
In  case  any  person  chosen  or  appointed  to  either  of  the  To  qualify 
offices  aforesaid,  shall  neglect,  for  the  space  of  ten  days  ^therwi^e  oafce 
after  he  could  otherwise  enter  upon  his  duties,  to  qualify  yac'^t.^^™^*^ 
himself  in  all  respects  to  enter  upon  the  discharge  of  such 
duties,  the  office  to  which  he  has  been  elected  or  appointed 
shall  be  deemed  vacant.     No  person  shall  be  eligible  to  Qualification 
either  of  said  offices  unless  he  shall  have  been  an  inhabi-  '^®^'^'"*®- 
tant  of  this  commonwealth  five  years  next  preceding  his 
election  or  appointment. 

Art.  XVIII.     All  moneys  raised   by  taxation  in  the  school  moneys 
towns  and  cities  for  the  support  of  public  schools,  and  pjiU^f o? eecta- 
all  moneys  wliich  may  be  appropriated  by  the  state  for  fo^ohSV 
the  support  of  common  schools,  shall  be  applied  to,  and  provision  as  to 


44 


CONSTITUTION   OF   THE 


schools,  see 

conetitutiou, 

Part  First,  Art. 

III. 

12  AUen,  500, 

508. 

103  Maes.  94,96, 


Legislature  to 
prescribe  for 
the  election  of 
sheriffs,  regis- 
ters of  probate, 
etc.    See 
amendments, 
Art.  XXXVI. 
8  Gray,  1. 
13  Gray,  74. 


Reading  consti- 
tution in 
English  and 
writing,  neces- 
sary qualifica- 
tions of  voters. 
Proviso. 
For  other  quali- 
fications, see 
amendments. 
Art.  III. 
See  also  amend- 
ments, Art. 
XXIII.,  which 
was  annulled  by 
amendments. 
Art.  XXVI. 

Census  of  legal 
voters  and  of 
inhabitants, 
when  taken, 
etc.    See 
P.  S.  c.  31. 


riouHO  of  repre- 
sentatives to 
consist  of  240 
members. 
Legislature  to 
apportion,  etc. 
10  Gray,  013. 


expended  in,  no  other  schools  than  those  which  are  con- 
ducted according  to  law,  under  tlie  order  and  superintend- 
ence of  the  authorities  of  the  town  or  city  in  which  the 
money  is  to  be  expended  ;  and  such  moneys  shall  never 
be  appropriated  to  any  religious  sect  for  the  maintenance, 
exclusively,  of  its  own  school. 

Art.  XIX.  The  legislature  shall  prescribe,  by  general 
law,  for  the  election  of  sheriffs,  registers  of  probate,  [com- 
missioners of  insolvency,]  and  clerks  of  the  courts,  by  the 
people  of  the  several  counties,  and  that  district-attorne3^s 
shall  be  chosen  by  the  people  of  the  several  districts,  for 
such  term  of  office  as  the  legislature  shall  prescribe. 

110  Mass.  172, 173.      117  Mass .  602,  603.      121  Mass.  65. 

Art.  XX.  No  person  shall  have  the  right  to  vote,  or 
be  eligible  to  office  under  the  constitution  of  this  common- 
wealth, who  shall  not  be  able  to  read  the  constitution  in 
the  English  language,  and  write  his  name  :  provided^  how- 
ever, that  the  provisions  of  this  amendment  shall  not  apply 
to  any  person  prevented  by  a  physical  disability  from  com- 
plying with  its  requisitions,  nor  to  any  person  who  now 
has  the  right  to  vote,  nor  to  any  persons  who  shall  be 
sixty  years  of  age  or  upwards  at  the  time  this  amendment 
shall  take  effect. 

Art.  XXI.  A  census  of  the  legal  voters  of  each  city 
and  town,  on  the  first  day  of  May,  shall  be  taken  and 
returned  into  the  office  of  the  secretary  of  the  common- 
wealth, on  or  before  the  last  day  of  June,  in  the  j^ear  one 
thousand  eight  hundred  and  fifty-seven  ;  and  a  census  of 
the  inhabitants  of  each  city  and  town,  in  the  year  one 
thousand  eight  hundred  and  sixty-five,  and  of  every  tenth 
year  thereafter.  In  the  census  aforesaid,  a  special  enumer- 
ation shall  be  made  of  the  legal  voters  ;  and  in  each  city, 
said  enumeration  shall  specify  the  number  of  such  legal 
voters  aforesaid,  residing  in  each  ward  of  such  city.  The 
enumeration  aforesaid  shall  determine  the  apportionment 
of  rej^resentatives  for  the  periods  between  the  taking  of 
the  census. 

The  house  of  representatives  shall  consist  of  two  hun- 
dred and  forty  members,  which  shall  be  apportioned  by 
the  legislatm'c,  at  its  first  session  after  the  return  of  each 
enumeration  as  aforesaid,  to  the  several  counties  of  the 
commonwealth,  e(]ually,  as  nearly  as  may  be,  according 
to  tlunr  relative  numbers  of  legal  voters,  as  ascertained 
by  the  next  preceding  special  emuneration  ;  and  the  town 
of  Cohasset,  in  the  county  of  Norfolk,  shall,  for  this  pur- 


COMMONWEALTH   OF   MASSACHUSETTS.  45 

poso,  as  well  as  in  the  formation  of  disti'icts,  as  hereinafter 
provided,  be  considered  a  part  of  the  county  of  Plymouth  ; 
and  it  shall  be  the  duty  of  the  secretary  of  the  common-  secretary  shaii 
wealth,  to  certify,  as  soon  as  may  be  after  it  is  determined  ceL' authorize.! 
by  the  legislature,  the  number  of  representatives  to  which  counues. 
each  county  shall  be  entitled,  to  the  board  authorized  to 
divide   each   county  into  representative   districts.      The 
mayor  and  aldermen  of  the  city  of  Boston,  the  county 
commissioners  of  other  counties  than  Suffolk,  —  or  in  lieu 
of  the  mayor  and  aldermen  of  the  city  of  Boston,  or  of  the 
county  commissioners  in  each  county  other  than  Suliblk, 
such  board  of  special  commissioners  in  each  county,  to 
be  elected  by  the  people  of  the  county,  or  of  the  towns 
therein,  as  may  for  that  purpose  be  provided  by  law, — 
shall,   on   the   first  Tuesday  of   August  next  after  each  Meeting  for 
assignment  of  representatives  to  each  county,  assemble  at  fiMtTTuesday 
a  shire  town  of  their  respective  counties,  and  proceed,  as  procefdhigs. 
soon  as  may  be,  to  divide  the  same  into  representative 
districts  of  contiguous  territory,  so  as  to  apportion  the 
representation  assigned  to  each  county  equally,  as  nearly 
as  may  be,  according  to  the  relative  number  of  legal  voters 
in  the  several  districts  of  each  county  ;  and  such  districts 
shall  be  so  formed  that  no  town  or  ward  of  a  city  shall 
be  divided  therefor,  nor  shall  any  district  be  made  which 
shall  be  entitled  to  elect  more  than  tlu'ee  representatives. 
Every  representative,  for  one  year  at  least  next  preceding  Quaiificationsof 
his  election,  shall  have  been  an  inhabitant  of  the  district  i22M!'fss!'5957^' 
for  which  he  is  chosen,  and  shall  cease  to  represent  such  ^^^' 
district  when  he  shall  cease  to  be  an  inhabitant  of  tlie 
commonwealth.      The  districts  in  each  county  shall  be  Districts  to  be 
numbered  by  the  board  creating  the  same,  and  a  descrip-  des^ribTi  Imd 
tion  of  each,  with  the  numbers  thereof  and   the  number  *'^'****'^- 
of  legal  voters  therein,  shall  be  returned  by  the  board,  to 
the  secretary  of  the  commonwealth,  the  county  treasurer 
of  each  county,  and  to  the  clerk  of  every  town  in  each 
district,  to  be  filed  and  kept  in  their  respective  offices. 
The  manner  of  calling  and  conducting  the  meetings  for 
the  choice  of  representatives,  and  of  ascertaining  their 
election,  shall  be  prescribed  by  law.      [Not  less  than  one  Quomm, see 
hundred  members  of  the  house  of  representatives  shall  ArT.'xxxin. 
constitute  a  quorum  for  doing  business  ;  but  a  less  num- 
ber may  organize  temporarily,  adjourn  from  day  to  day, 
and  compel  the  attendance  of  absent  members.] 

Art.  XXII.     A  census  of  the  Icijal  voters  of  each  city  census,  etc 
and  town,  on  the  first  day  of  IVIay,  sliall  be  taken  and 


46 


CONSTITUTION   OF   THE 


Voters  to  be 
basis  of  appor- 
tionment of 
senators. 


Senate  to  con- 
sist of  forty 
members. 


Senatorial 
districts,  etc. 


See  amend- 
ments, Art. 
XXIV. 


Qualifications 
of  senators. 


Quorum,  see 
amendments, 
Art.  XXXIII. 


Residence  of 
two  years  re- 
quired of  natu- 
ralized citizens, 
to  entitle  to  suf- 
frage or  make 
eligible  to  ollice. 
This  article 
annulled  by 
Art.  XXVI. 


Vacancies  in  the 

senutc. 


returned  into  the  office  of  the  secretary  of  the  common- 
wealth, on  or  before  the  last  day  of  June,  in  the  year  one 
thousand  eight  hundred  and  fifty-seven  ;  and  a  census  of 
the  inhabitants  of  each  city  and  town,  in  the  year  one 
thousand  eight  hundred  and  sLxty-five,  and  of  every  tenth 
year  thereafter.  In  the  census  aforesaid,  a  special  enu- 
meration shall  be  made  of  the  legal  voters,  and  in  each 
city  said  enumeration  shall  specify  the  number  of  such 
legal  voters  aforesaid,  residing  in  each  ward  of  such  city. 
The  enumeration  aforesaid  shall  determine  the  apportion- 
ment of  senators  for  the  periods  between  the  taking  of  the 
census.  The  senate  shall  consist  of  forty  members.  The 
general  court  shall ,  at  its  fii*st  session  after  each  next  pre- 
ceding special  enumeration,  divide  the  commonwealth  into 
forty  districts  of  adjacent  territory,  each  district  to  contain, 
as  nearly  as  may  be,  an  equal  number  of  legal  voters,  ac- 
cording to  the  enumeration  aforesaid  :  provided^  however^ 
that  no  town  or  ward  of  a  city  shall  be  divided  therefor ; 
and  such  districts  shall  be  formed,  as  nearly  as  maj^  be, 
without  uniting  two  counties,  or  parts  of  two  or  more 
counties,  into  one  district.  Each  district  shall  elect  one 
senator,  who  shall  have  been  an  inhabitant  of  this  com- 
monwealth five  years  at  least  immediately  preceding  his 
election,  and  at  the  time  of  his  election  shall  be  an  inhab- 
itant of  the  district  for  which  he  is  chosen  ;  and  he  shall 
cease  to  represent  such  senatorial  district  when  he  shall 
cease  to  be  an  inhabitant  of  the  commonwealth.  [Not  less 
than  sixteen  senators  shall  constitute  a  quorum  for  doing 
business  ;  but  a  less  number  may  organize  temporarily, 
adjourn  from  day  to  day,  and  compel  the  attendance  of 
absent  members.] 

Art.  XXIII.  [No  person  of  foreign  birth  shall  be  en- 
titled to  vote,  or  shall  be  eligible  to  office,  unless  he  shall 
have  resided  within  the  jurisdiction  of  the  United  States 
for  two  years  subsequent  to  his  natui-alization,  and  shall 
be  otherwise  qualified,  according  to  the  constitution  and 
laws  of  this  connnonwealth  :  provided^  that  this  amend- 
ment shall  not  ad'eet  the  rights  which  any  person  of  foreign 
birth  possessed  at  the  time  of  the  adoption  thereof;  and, 
provided,  fiirthi')\  that  it  shall  not  atfect  the  rights  of  any 
child  of  a  citizen  of  the  United  States,  born  diu'ing  the 
temporary  absence  of  the  })arent  therefrom.] 

AiiT.  XXIV.  Any  vacancy  in  the  senate  shall  be  filled 
by  election  by  the  })eople  of  the  unrepresented  disti'ict, 
upon  the  order  of  a  majority  of  the  senators  elected. 


COMMONWEALTH   OF   MASSACHUSETTS.  47 

Art.  XXV.  In  case  of  a  vacancy  in  the  council,  from  vacancies  in  the 
a  failm-e  of  election,  or  other  cause,  the  senate  and  house 
of  representatives  shall,  by  concurrent  vote,  choose  some 
eligible  person  from  the  people  of  the  district  wherein  such 
vacancy  occm*s,  to  fill  that  office.  If  such  vacancy  shall 
happen  when  the  legislature  is  not  in  session,  the  governor, 
with  the  advice  and  consent  of  the  council,  may  fill  the  same 
by  appointment  of  some  eligible  person. 

Art.  XXVI.     The  twenty-third  article  of  the  articles  Twenty-third 
of  amendment  of  the  constitution  of  this  commonwealth,  ameudments 
which  is  as  follows,  to  wit:  "  No  person  of  foreign  birth  '*i>'i""«<i- 
shall  be  entitled  to  vote,  or  shall  be  eligible  to  office,  unless 
he  shall  have  resided  within  tlie  jurisdiction  of  the  United 
States  for  two  years  subsequent  to  his  naturalization,  and 
shall  be  otherwise  qualified,  according  to  the  constitution 
and  laws  of  this  commonwealth  :  provided^  that  this  amend- 
ment shall  not  affect  the  rights  which  any  person  of  foreign 
birth  possessed  at  the  time  of  the  adoption  thereof;  and 
provided,  further,  that  it  shall  not  affect  the  rights  of  any 
child  of  a  citizen  of  the  United  States,  born  during  the  tem- 
porary absence  of  the  parent  therefrom,"  is  hereby  wholly 
annulled. 

Art.  XXVn.     So  much  of  article  two  of  chapter  six  ProviBioneof 
of  the  constitution  of  this  commonwealth  as  relates  to  per-  vi.,'ieiatingtc) 
sons  holding  the  office  of  president,  professor,  or  instructor  vardTc^oulget'^' 
of  Harvard  College,  is  hereby  annulled.  annulled. 

Art.  XXVIII.  No  person  having  served  in  the  army  superB^iedby 
or  navy  of  the  United  States  in  time  of  war,  and  having 
been  honorably  discharged  from  such  service,  if  otherwise 
qualified  to  vote,  shall  be  disqualified  therefor  on  account 
of  being  a  pauper ;  or,  if  a  pauper,  because  of  the  non- 
payment of  a  poll  tax. 

Art.  XXIX.  The  general  court  shall  have  full  power  voting  pre- 
and  authority  to  provide  for  the  inhabitants  of  the  towns 
in  this  commonwealth  more  than  one  place  of  public  meet- 
ing within  the  limits  of  each  town  for  the  election  of  officers 
under  the  constitution,  and  to  prescribe  the  manner  of  call- 
ing, holding  and  conducting  such  meetings.  All  the  pro- 
visions of  the  existing  constitution  inconsistent  with  the 
provisions  herein  contained  are  hereby  annulled. 

Art.  XXX.     No  person,  otherwise  qualified  to  vote  in  voters  not  dis- 
elections  for  governor,  lieutenant-governor,  senators,  and  reasou^of  ^ 
representatives,  shall,  by  reason  of  a  change  of  residence  den"f  nntirsfx 
within  the  commonwealth,  be  disqualified  from  voting  for  t",y^^o/removai. 
said  officers  in  the  city  or  town  from  which  he  has  removed 


48 


CONSTITUTION   OF   THE 


Amendments, 
Art.  XXVIII. 
amended. 


Person  who 
served  in  army 
or  navy,  etc., 
not  diMqualified 
from  voting  for 
non-payment  of 
poll  tax. 


Provisions  of 
amendments, 
Art.  in.,  rela- 
tive to  payment 
of  a  tax  as  a 
voting  qualifica- 
tion, annulled. 


Quorum,  in  each 
branch  of  the 
general  court, 
to  consist  of  a 
majority  of 
members. 


Provisions  of 
Art.  II.,  §  I., 
Chap.  II.,  Part 
II.,  relative  to 
property  quali- 
fication of 
governor, 
annulled. 


Provisions  of 
Art.  II.,  §111., 
Chap.  I.,  rela- 
tive to  expense 
of  travelling  to 
the  general 
asHeinlily  by 
members  oi  the 
house,  unuuUed. 


his  residence,  until  the  expiration  of  six  calendar  months 
from  the  time  of  such  removal. 

"  Art.  XXXI.  Article  twenty-eight  of  the  amendments 
of  the  constitution  is  hereby  amended  by  striking  out  in 
the  fourth  line  thereof  the  words  "  being  a  pauper",  and 
inserting  in  place  thereof  the  words  : — receiving  or  having 
received  aid  from  any  city  or  town,  —  and  also  b}'^  striking 
out  in  said  fourth  line  the  words  "  if  a  pauper",  so  that 
the  article  as  amended  shall  read  as  follows  :  Article 
XXVIII.  No  person  having  served  in  the  army  or  navy 
of  the  United  States  in  time  of  war,  and  having  been  hon- 
orably discharged  from  such  service,  if  otherwise  qualified 
to  vote,  shall  be  disqualified  therefor  on  account  of  receiv- 
ing or  having  received  aid  from  any  city  or  town,  or  be- 
cause of  the  non-payment  of  a  poll  tax. 

Art.  XXXII.  So  much  of  article  three  of  the  amend- 
ments of  the  constitution  of  the  commonwealth  as  is  con- 
tained in  the  following  words  :  "  and  who  shall  have  paid, 
by  himself,  or  his  parent,  master,  or  guardian,  any  state  or 
county  tax,  which  shall,  within  two  years  next  preceding 
such  election,  have  been  assessed  upon  him,  in  any  town 
or  district  of  this  commonwealth  ;  and  also  every  citizen 
who  shall  be,  by  law,  exempted  from  taxation,  and  who 
shall  be,  in  all  other  respects,  qualified  as  above  men- 
tioned", is  hereby  annulled. 

Art.  XXXIII.  A  majority  of  the  members  of  each 
branch  of  the  general  court  shall  constitute  a  quorum  for 
tlie  transaction  of  business,  but  a  less  number  may  adjourn 
from  day  to  day,  and  compel  tlie  attendance  of  absent 
members.  All  the  provisions  of  the  existing  constitu- 
tion inconsistent  ^vith  the  provisions  herein  contained  are 
hereby  annulled. 

Art.  XXXIV.  So  much  of  article  two  of  section  one 
of  chapter  two  of  part  the  second  of  the  constitution  of 
the  commonwealth  as  is  contiiined  in  the  foHowing  words  : 
"and  unless  he  shall  at  the  same  tunc  be  seised,  in  his 
own  right,  of  a  freehold,  within  tiie  commonwealth,  of  the 
value  of  one  thousand  i)ounds  "  ;  is  hereby  annulled. 

Art.  XXXV.  So  much  of  article  two  of  section  three 
of  chapter  one  of  the  constitution  of  the  commonwealth 
as  is  contained  in  the  following  words  :  "  The  ex})enses  of 
tr.ivelling  to  the  general  assembly,  and  returning  home, 
once  in  every  session,  and  no  more,  shall  be  paid  by  the 
government,  out  of  the  i)ublic  treasury,  to  every  mem- 
ber who  shall  attend  as  seasonably  as  he  can,  in  the  judg- 


COMMONWEALTH   OF   MASSACHUSETTS.  49 

ment  of  the  house,  and  does  not  depart  without  leave", 
is  hereby  annulled. 

Art.  XXXVI.     So  much  of  article   nineteen  of  the  Amendments, 
articles  of  amendment  to  the  constitution  of  the  conmion-  amended. ' 
wealth  as  is  contained  in  the  following  words  :   "  commis- 
sioners of  insolvency  ",  is  hereby  annulled. 

Art.  XXXVII.     The  orovernor,  with  the  consent  of  Removal  of 
the  council,  may  remove  justices  of  the  peace  and  notaries 
public. 


The  constitution  of  Massachusetts  was  agreed  upon  by  delegates 
of  the  people,  in  convention,  begun  and  held  at  Cambridge,  on  the 
first  day  of  September,  1779,  and  continued  by  adjournments  to  the 
second  day  of  March,  1780,  when  the  convention  adjourned  to  meet 
on  the  first  Wednesday  of  the  ensuing  June.  In  the  mean  time  the 
constitution  was  submitted  to  the  people,  to  be  adopted  by  them, 
jirovided  two-thirds  of  the  votes  given  should  be  in  the  afiirmative. 
When  the  convention  assembled,  it  was  found  that  the  constitution 
had  been  adopted  by  the  requisite  number  of  votes,  and  the  conven- 
tion accordingly  liesolved,  "  That  the  said  Constitution  or  Frame  of 
Government  shall  take  place  on  the  last  Wednesday  of  October  next ; 
and  not  before,  for  any  purpose,  save  only  for  that  of  making  elec- 
tions, agreeable  to  this  resolution."  The  first  legislature  assembled 
at  Boston,  on  the  twenty-fifth  day  of  October,  1780. 

The  first  nine  Articles  of  Amendment  were  submitted,  by  delegates 
in  convention  assembled,  November  15,  1820,  to  the  people,  and  by 
them  ratified  and  adopted  April  9,  1821. 

The  tenth  Article  was  adopted  by  the  legislatures  of  the  political 
years  1829-30  and  1830-31,  respectively,  and  was  api^roved  and 
ratified  by  the  people  May  11, 1831. 

The  eleventh  Article  was  adopted  by  the  legislatures  of  the  politi- 
cal years  1832  and  1833,  respectively,  and  was  approved  and  ratified 
by  the  people  November  11,  1833. 

The  twelfth  Article  was  adopted  by  the  legislatures  of  the  political 
years  1835  and  1836,  respectively,  and  was  approved  and  ratified  by 
the  people  the  fourteenth  day  of  November,  1836. 

The  thirteenth  Article  was  adopted  by  the  legislature?  of  the  politi- 
cal years  1839  and  1840,  respectively,  and  was  approved  and  ratified 
by  the  people  the  sixth  day  of  April,  1840. 

The  fourteenth,  fifteenth,  sixteenth,  seventeenth,  eighteenth,  and 
nineteenth  Articles  were  adopted  by  the  legislatures  of  the  political 
years  1854  and  1855,  respectively,  and  ratified  by  the  people  the 
twenty-third  day  of  May,  1855. 


50  CONSTITUTION   OF   THE 

The  twentieth,  twenty-first,  and  twenty-second  Articles  were 
adopted  by  the  legislatures  ot"  the  political  years  1856  and  1857, 
respectively,  and  ratified  by  the  people  on  the  first  day  of  May, 
1857. 

The  twenty-third  Article  was  adopted  by  the  legislatures  of  the 
political  years  1858  and  1859,  respectively,  and  ratified  by  the  people 
on  the  ninth  day  of  May,  1859,  and  was  repealed  by  the  twenty-sixth 
Amendment. 

The  twenty-fourth  and  twenty-fifth  Articles  were  adopted  by  the 
legislatures  of  the  political  years  1859  and  1860,  and  ratified  by  the 
people  on  the  seventh  day  of  May,  1860. 

The  twenty-sixth  Article  was  adopted  by  the  legislatures  of  the 
political  years  1862  and  1863,  and  ratified  by  the  people  on  the  sixth 
day  of  April,  1863. 

The  twenty-seventh  Article  was  adopted  by  the  legislatures  of  the 
political  years  1876  and  1877,  and  was  approved  and  ratified  by  the 
people  on  the  sixth  day  of  November,  1877. 

The  twenty-eighth  Article  was  adopted  by  the  legislatures  of  the 
political  years  1880  and  1881,  and  was  approved  and  ratified  by  the 
people  on  the  eighth  day  of  November,  188L 

The  twenty-ninth  Article  was  adopted  by  the  legislatures  of  the 
political  years  1884  and  1885,  and  was  approved  and  ratified  by  the 
people  on  the  third  day  of  November,  1885. 

The  thirtieth  and  thirty-first  Articles  were  adopted  by  the  legis- 
latures of  the  political  years  1889  and  1890,  and  were  approved  and 
ratified  by  the  people  on  the  fourth  day  of  November,  1890. 

The  thirty-second  and  thirty-third  Articles  were  adopted  by  the 
legislatures  of  the  political  years  1890  and  1891,  and  wei'e  approved 
and  ratified  by  the  people  on  the  third  day  of  Noveml)er,  1891. 

The  thirty-fourth  Article  was  adopted  by  the  legislatures  of  the 
political  years  1891  and  1892,  and  was  approveel  and  ratified  by  the 
people  on  the  eighth  da^^  of  November,  1892. 

The  thirty-fifth  Article  was  adopted  by  the  legislatures  of  the 
political  years  1892  and  1893,  and  was  approved  and  ratified  by  the 
people  on  the  seventh  day  of  November,  1893. 

The  thirty-sixth  Article  was  adopted  by  the  legislatures  of  the 
political  years  1893  and  1891,  and  was  approved  and  ratified  by  the 
•  people  on  the  sixth  day  of  November,  1894. 


COMMONWEALTH   OF   MASSACHUSETTS.  51 

The  thirty-seventh  Article  was  adopted  by  the  legislatures  of  the 
political  years  1906  and  1907,  and  was  approved  and  ratified  by  the 
people  on  the  fifth  day  of  November,  1907. 


[A  proposed  Article  of  Amendment,  prohibiting  the  manufacture 
and  sale  of  Intoxicating  Liquor  as  a  beverage,  adopted  by  the  legis- 
latures of  the  political  years  1888  and  1889,  was  rejected  by  the 
people  on  the  twenty-second  day  of  April,  1889.] 

[Proposed  Articles  of  Amendment,  (1)  Establishing  biennial  elec- 
tions of  state  officers,  and  (2)  Establishing  biennial  elections  of 
members  of  the  General  Court,  adopted  by  the  legislatures  of  the 
political  years  1895  and  1896,  were  rejected  by  the  people  at  the 
annual  election  held  on  the  third  day  of  November,  1896.] 


INDEX  TO  THE  CONSTITUTION. 


INDEX  TO  THE  CONSTITUTION. 


A. 

Page 
Address  of  both  houses  of  the  legislature,  judicial  officers  may  be 

removed  by  governor  with  consent  of  council  upon,  .        26 

Adjutant-general,  appointed  by  the  governor,  ....  22 
Adjutants.,  to  be  appointed  by  commanding  officers  of  regiments, .  22 
Affirmations,  instead   of  the   required  oaths,  may  be   made  by 

Quakers, .30,31,36 

Agriculture,  arts,  commerce,  etc.,  to  be  encouraged,       ...        29 

Alimony,  divorce,  etc., 27 

Amendment  to  the  constitution,  proposed  in  the  general  court, 
agreed  to  by  a  majority  of  senators  and  two-thirds  of 
house  present  and  voting  thereon  by  yeas  and  nays  ;  en- 
tered upon  the  journals  of  both  houses,  and  referred  to 
the  next  general  court ;  if  the  next  general  court  agrees 
to  the  proposition  in  the  same  manner,  and  to  the  same 
effect,  it  shall  be  submitted  to  the  people,  and,  if  approved 
by  them  by  a  majority  vote,  becomes  a  part  of  the  con- 
stitution,       36,  37 

Apportionment  of  councillors, .     24,41,42 

state  to  be  divided  into  eight  districts,      ,         ,        ...         .        42 

Apportionment  of  senators, 13,40,46 

on  basis  of  legal  voters,  and  state  to  be  divided  into  forty 

districts, 46 

Apportionment  of  representatives, 16,39,40,44 

to  the  several  counties,  made  on  the  basis  of  legal  voters,       .        44 
Armies,  dangerous  to  liberty,  and  not  to  be  maintained  without 

consent  of  the  legislature, 8 

Arms,  right  of  people  to  keep  and  to  bear,  for  public  defence,       .  8 
Arrest,  members  of  house  of  representatives  exempted  from,  on 
mesne  process,  while  going  to,  returning  from,  or  attend- 
ing the  general  assembly, 18 

Arrest,  search  and  seizure,  right  of,  regulated,        .         .        .        „  7 

warrant  to  contain  special  designation, 7 

Attorney-general,  to  be  chosen  by  the  people  annually  in  Novem- 
ber,     .  21,43 

to  hold  office  for  one  year  from  third  Wednesday  in  January 

next  thereafter,  and  until  another  is  chosen  and  qualified,        43 

election  determined  by  legislature, 43 

in  failure  of  election  by  the  voters,  or  in  case  of  decease  of 
person  elected,  vacancy  to  be  filled  by  joint  l:)allot  of  legis- 
lature from  the  two  persons  having  the  highest  number 
of  votes  at  November  election, 43 

65 


56  INDEX   TO   THE   CONSTITUTION. 


Page 


Attorney-general,  vacancy  occurring  during  session  of  the  legislat- 
ure, tilled  by  joint  ballot  of  legislature  from  the  people 
at  large,      .        .  43 

vacancy  occurring  during  recess  of  legislature,  filled  by  gov- 
ernor by  appointment,  with  consent  of  council,  .         .        43 

not  eligible,  unless  an  inhabitant  of  the  state  for  five  years 

next  preceding  election  or  appointment,    ....        43 

office  to  be  deemed  vacant  if  person  elected  or  appointed  fails 

to  be  qualified  within  ten  days, 43 

Attorneys,  district,  elected  by  the  people  of  the  several  districts,   .        44 
Auditor,  to  be  chosen  by  the  people  annually  in  November,  .         .         43 

to  hold  office  for  one  year  from  third  Wednesday  in  January 

next  thereafter,  and  until  another  is  chosen  and  qualified,        43 

election  determined  by  legislature, 43 

vacancy  filled  in  same  manner  as  in  ofiice  of  attorney-general,        43 

not  eligible,  unless  an  inhabitant  of  the  state  for  five  years 

next  preceding  election, 43 

ofiice  to  be  deemed  vacant  if  person  elected  or  appointed  fails 

to  be  qualified  within  ten  days, 43 


B. 

Bail  or  sureties,  excessive,  not  to  be  required,         .  .        .  9 

Bills,  money,  to  originate  in  the  house  of  representatives,      .         ,         17 
Bills  and  resolves,  to  be  laid  before  governor  for  revisal,      .        .         10 
to  have  force  of  law  if  signed  by  governor,       ....        10 
if  objected  to   by  governor  in   writing,  to   be   returned   to 
branch  in  which  originated,  and  may  be  passed  by  two- 
thirds  of  each  branch  present  and  voting  thereon  by  yeas 

and  nays, 10 

if  not  returned  by  governor  within  five  days  after  presenta- 
tion, to  have  force  of  law,  unless  the  legislature  adjourns 

before  that  time  expires, 11,34 

Boards,  public,  to  make  quarterly  reports  to  the  governor,    .        .        22 

Body  politic,  formation  and  nature  of, 3 

title  of :  The  Commonwealth  of  Massachusetts,       ...         10 
Bribery  or  corruption  used  in  procuring  an  appointment  or  elec- 
tion, to  disqualify  from  holding  an}'  ollice  of  trust,  etc.,    .        32 


c. 

Census  of  ratable  polls, 38 

of  inhabitants, 40,  44,  45 

of  inhabitants  and  legal  voters  taken  in  the  year  1865,  and 

every  tenth  year  tlicrealler,        ......  44,  46 

enumeration  of  voters   to  determine   the   ajiportionment  of 

representatives,  .........        44 


INDEX   TO   THE   CONSTITUTION.  57 

Page 
Cities,  may  be  chartered  by  the  general  court,  if  containing  twelve 
thousand  inhabitants   and  consented  to  by  a  majority 

thereof, 34 

Civil  officers,  meeting  for  election  to  be  held  annually  on  the  Tues- 
day next  after  the  first  Monday  in  November,  ...        41 
whose   election  is   provided   for  by  the  constitution   to   be 

elected  by  a  plurality  of  votes, 41 

Clerks  of  courts,  elected  by  the  people  of  the  several  coimties,  .  44 
Clerks  of  towns,  to  make  records  and  returns  of  elections,  .  .  13 
Colonial  laws,  not  repugnant  to  the  constitution,  continued  in 

force,   .         , 32 

Commander-in-chief,  governor  to  be, 20 

Commerce,  agriculture  and  the  arts,  to  be  encouraged,  ...  29 
Commissary-general,  appointed  and  commissioned  as  fixed  by  law,  25, 35 
Commission  officers,  tenure  of  office  to  be  expressed  in  commissions,  26 
Commissioners  of  insolvency,  elected  by  the  peoj^le  of  the  several 

counties  ;  annulled, 44,  49 

Commissions,  to  be  in  the  name  of  the  commonwealth,  signed  by 
governor,  attested  by  the  secretary,  and  have  the  great 

seal  affixed, 32 

Congress,  delegates  to, 27 

members  of,  may  not  hold  certain  state  offices,  ...  36 
Constitution,  amendment  to,  proposed  in  the  general  court,  agreed 
to  by  a  majority  of  senators  and  two-thirds  of  the  house 
present  and  voting  thereon  by  yeas  and  nays ;  entered 
upon  the  journals  of  both  houses,  and  referred  to  the  next 
general  court ;  if  the  next  general  court  agrees  to  the 
proposition  in  the  same  manner  and  to  the  same  effect,  it 
shall  be  submitted  to  the  people,  and,  if  approved  by  them 
by  a  majority  vote,  becomes  a  part  of  the  'constitution,     .  36, 37 

Constitution,  provisions  for  revising, 33, 36 

to  be  enrolled  on  parchment,  dejiosited  in  secretary's  office, 

and  printed  in  all  editions  of  the  laws,       ....        34 

Coroners, 21 

Corruption  or  bribery  used  in  procuring  any  appointment  or  elec- 
tion, to  disqualify  from  holding  any  office  of  trust,  etc.,   .        32 
Council,  five  members  to  constitute  a  quorum,         ....        24 

eight  councillors  to  be  elected  annually, 24, 42 

election  to  be  determined  by  rule  required  in  that  of  gov- 
ernor,  42 

to  take  oath  of  office  before  the  president  of  the  senate  in 

presence  of  both  houses  of  assembly,  ....  29 
to  rank  next  after  the  lieutenant-governor,  ....  25 
resolutions  and  advice  to  be  recorded  in  a  reg-ister,  and  sio-ned 

by  the  members  present, 25 

register  of  council  may  be  called  for  by  either  house,       .        .         25 
to  exercise  the  power  of  governor  when  office  of  governor 

and  lieutenant-governor  is  vacant,     .....        25 


68  INDEX   TO   THE   CONSTITUTIOX. 

Page 

Council,  no  property  qualification  required, 41 

eight  districts  to  be  formed,  each  composed  of  five  contiguous 

senatorial  districts, 42 

eligible  to  election  if  an  inhabitant  of  state  for  five  years  pre- 
ceding election, 42 

term  of  ofiice, 37 

vacancy  to  be  filled  by  election  of  a  resident  of  the  district  by 
concurrent  vote  of  the  senate  and  house  ;  if  legislature  is 
not  in  session,  to  be  filled  by  governor  with  advice  of 
council,        ..........        47 

Court,  superior,  judges  not  to  hold  certain  other  offices,          .         .        36 
Court,  supreme  judicial,  judges  to  have  honoi;able  salaries  fixed 
by  standing  laws,  and  to  hold  office  during  good  be- 
havior,          9, 23 

judges  not  to  hold  certain  other  offices, 36 

to  give  opinions  upon  important  questions  of  law,  etc.,  when 
required  by  either  branch  of  the  legislature  or  by  the 
governor  and  council,  ...... 

Courts,  clerks  of,  elected  by  the  people  of  the  several  counties. 

Courts,  probate,  provisions  for  holding, 

registers  elected  by  the  people  of  the  several  counties,   . 
Courts  and  judicatories  may  be  established  by  the  general  court, 

may  administer  oaths  or  affirmations,        .... 
Crimes  and  oftences,  prosecutions  for,  regulated,    . 
Crimes  to  be  proved  in  the  vicinity  of  where  they  happen,     . 

D. 

Debate,  freedom  of,  in  the  legislature, 8 

Declaration  of  the  rights  of  the  inhabitants, 4 

Declaration  and  oaths  of  officers  ;  tests  abolished,  .         .        .29,  35,  36 

Delegates  to  congress, 27 

Departments,  legislative,  executive  and  judicial,  to  be  kept  separate,  9 

District  attorneys,  elected  by  the  people  of  the  several  districts,     .  44 
Districts,  councillor,  eight,  each  to  be  composed  of  five  contiguous 

senatorial  districts,      . 42 

Districts,  senatorial,  forty,  to  be  of  adjacent  territory,  and  to  con- 
tain as  near  as  may  be  an  equal  number  of  voters,   .         .  46 
Districts,  representative,  to  be  established  by  commissioners  in  the 

several  counties, 39,45 

Divorce,  alimony,  etc., 27 

E. 

Educational  interests  to  be  cherished, 29 

Elections  ought  to  be  free, 6 

Elections,  by  the  people,  of  civil  officers  provided  for  by  the  consti- 
tution, to  be  by  plurality  of  votes,      41 


26 
44 
26 
44 
11 
11 
7 
7 


INDEX   TO   THE   CONSTITUTION.  59 

Page 
Election  of  civil  officers,  meeting  to  be  held  annually  on  the  first 

Tuesday  next  after  the  first  Monday  iu  November,  .         .         41 
in  case  of  failure  to  elect  representative,  meeting  to  be  held 

on  fourth  Monday  in  November, 41,  42 

Election  returns, 13,42 

Enacting  style  of  laws,  established, 33 

Equality  and  natural  rights  of  all  men, 4 

Estates,  valuation  to  be  taken  anew  once  at  least  every  ten  years,        12 
Executive  department,  notto  exercise  legislative  or  judicial  powers,  9 

£'xpo^i/acto  laws,  declared  unjust  and  oppressive,        ...  9 

F. 

Felony  and  treason,  no  subject  to  be  declared  guilty  of,  by  the  legis- 
lature,         ..........  9 

Fines,  excessive,  not  to  be  imposed, 9 

Frame  of  government, 10 

Freedom  of  speech  and  debate  in  the  legislature,    ....  8 

Freehold,  possession  of,  not  required  as  qualification  for  seat  in  the 

general  court  or  council,     .......  41 

possession  of,  by  governor,  provision  requiring,  annulled,       .  48 
Fimdamental  princii^les  of  the  constitution,  a  frequent  recurrence 

to,  recommended, 8 

G. 

General  court,  to  assemble  frequently  for  redress  of  grievances,  and 

for  making  laws, 8 

freedom  of  speech  and  debate  in, 8 

not  to  declai'e  any  subject  to  be  guilty  of  treason  or  felony,     .  9 

formed  by  two  branches,  a  senate  and  house  of  representa- 
tives, each  having  a  negative  on  the  other,        ...         10 
to  assemble  every  year  on  the  first  Wednesday  of  January,  at 
such  other  times  as  they  shall  judge  necessary,  and  when- 
ever called  by  the  governor  with  the  advice  of  council,  10, 19,  37 
may  constitute  and  erect  judicatories  and  courts,      ...         11 
may  make  wholesome  and  reasonable  laws  and  ordinances  not 

repugnant  to  the  constitution, 11 

may  provide  for  the  election  or  appointment  of  ofticers,  and 

prescribe  their  duties,  .......         11 

may  impose  taxes,  etc.,  to  be  used  for  the  public  service,         .         12 
to  be  dissolved  on  the  day  next  preceding  the  first  Wednes- 
day of  January,  20,37 

travelling  expenses  of  members  ;  provision  annulled,     .        .  16,48 
may  be  adjourned  or  prorogued,  upon  its  request,  by  the  gov- 
ernor with  advice  of  council, 19 

session  may  be  directed  by  governor,  with  advice  of  council, 
to  be  held  in  other  than  the  usual  place  in  case  of  an 
infectious  distemper  prevailing,  .         .         .         .19,20 


60 


INDEX   TO   THE   CONSTITUTION. 


General  court,  judicial  officers  may  be  removed  upou  address  of, 

person  convicted  of  bribery,  not  to  hold  seat  in, 

may  increase  property  qualifications  of  persons  to  be  elected 
to  office, 

certain  officers  not  to  have  seats  in, 

may  be  prorogued  by  governor  and  council  for  ninety  days,  if 
houses  disagree,  etc., 

to  elect  major-generals  by  concurrent  vote, 

empowered  to  charter  cities, 

to  determine  election  of  governor,  lieutenant-governor  and 
councillors, .......... 

to  prescribe  by  law  for  election  of  sheriffs,  registers  of  pro- 
bate and  commissioners  of  insolvency  by  the  people  of 
the  counties,  and  district  attorneys  by  the  people  of  the 
districts, 

quorum,  to  consist  of  a  majority  of  members,  .... 

Governinent,  objects  of,     ........        . 

Government  by  the  people,  as  a  free,  sovereign  and  indejiendent 
state,    ........... 

Governor,  the  supreme  executive  magistrate,  styled,  —  The  Gov- 
ernor of  the  Commonwealth  of  Massachusetts  ;  Avith  the 
title  of,  —  His  Excellency ;  elected  annually,     . 

qualifications,     ..,         ......      18, 

term  of  office,     ......... 

should  have  an  honorable  stated  salary,   .... 

the  commander-in-chief,  of  the  army  and  navy,  but  may  not 
oblige  them  to  go  out  of  the  limits  of  the  state, 

to  appoint  the  adjutant- general,        ..... 

may  call  together  the  councillors  at  any  time, . 

not  to  hold  certain  other  offices, 

to  take  oaths  of  office  before  president  of  the  senate  in  pres 
ence  of  the  two  houses  of  assembly,  .... 

to  sign  all  commissions, 

election  determined  by  the  legislature,     .... 

veto  power, 

vacancy  in  office  of,  powers  to  be  exercised  b}-  the  lieutenant 
governor,    ......... 

vacancy  in  office  of  governor  and  lieutenant-governor,  powers 
to  be  exercised  b}^  the  council,    ..... 

with  advice  of  council,  may  adjourn  or  prorogue  the  legislat 
lire  upon  request,  and  convene  the  same,  . 

may  adjourn  or  prorogue  the  legislature  for  not  exceeding 
ninety  days  wlicn  iiouses  disagree,  or  may  direct  session 
to  be  held  in  other  than  the  usual  place  in  case  of  an  in- 
fectious distem]jer  i)revailing, 

to  appoint  all  judicial  officers,  notaries  public  and  coroners: 
nominations  to  be  made  at  least  seven  days  before  ap- 
pointment,  


Pape 
26 
32 

32 
31 

20 
21 
34 

41,42 


44 

48 

3,5,6 


18 

36,48 

37 

23 

20,  21 
22 
19 
31 

31 

32 

42, 43 

10 

24 

25 

19 


19 


21,35 


INDEX   TO   THE   CONSTITUTION.  61 

Paa:(3 
Governor,  to  appoint  officers  of  the  continental  army,     ...        22 
may  pardon  offences,  but  not  before  conviction,       ...        21 
may  fill  vacancy  in  council  occurring  when  legislature  is  not 

in  session, 47 

with  consent  of  council,  may  remove  judicial  officers,  upon 

the  address  of  both  houses  of  the  legislature,    ...        26 
Governor  and  council,  to  examine  election  returns,         .         .        .14,  42 
may  jiunish  persons  guilty  of  disrespect,  etc.,  by  imprison- 
ment not  exceeding  thirty  days, 17, 18 

quorum  to  consist  of  governor  and  at  least  five  members  of 

the  council, .         19 

may  require  the  attendance  of  the  secretary  of  the  common- 
wealth in  person  or  by  deinxty, 26 


H. 

Habeas  corpus,  privilege  of  writ  to  be  enjoyed  in  the  most  ample 
manner,  and  not  to  be  suspended  by  legislature  except 

upon  most  urgent  occasions, 32 

Harvard  College,  powers  and  privileges,  gifts,  grants  and  convey- 
ances confirmed, 27,  28 

board  of  overseers  established,  but  the  government  of  the 

college  may  be  altered  by  legislature,       .        .         .         .        28 

officers  may  be  elected  members  of  the  general  court,     .         .        47 

Hereditary  offices  and  privileges,  absurd  and  unnatural,        .         .5,6 

House  of  representatives,  members  may  be  instructed  by  the  people,  8 

a  representation  of  the  people  annually  elected  and  Ibunded 

upon  the  principle  of  equality, 16 

may  impose  fines  upon  towns  not  choosing  members,     .        .         16 
exjjense  of  travel  once  every  session  each  way,  to  be  paid  by 

the  government ;  provision  annulled,        .         .         .         .16,48 
to  enter  objections  made  by  governor  to  a  bill  or  resolve  at 

large  upon  records, 10 

qualifications  of  members,         ......      17,41,45 

must  be  an  inhabitant  of  district  for  one  year  preceding  elec- 
tion, and  shall  cease  to  be  a  member  when  ceasino-  to  be 
an  inhabitant  of  the  state,   .......         45 

members  not  to  be  arrested  on  mesne  process  during  going 

to,  return  from,  or  attending  the  general  assembly, .         .        18 

the  grand  inquest  of  the  commonwealth, 17 

to  originate  all  money  bills,  but  the  senate  may  propose  or 

concur  with  amendments, 17 

not  to  adjourn  more  than  two  days  at  a  time,  ....        17 

quorum  of, 17,45,48 

to  choose  officers,  establish  its  rules,  etc., .....        17 
may  punish  by  imprisonment,  not  exceeding  thirty  days,  per- 
sons guilty  of  disrespect,  etc. ;  trial  may  be  by  committee,  17, 18 


62  INDEX   TO   THE   CONSTITUTION. 

Page 
House  of  representatives,  privileges  of  members,    ....        18 

may  require  the  attendance  of  secretary  of  the  commonwealth 

in  person  or  by  deputy, 26 

may  require  the  opinions  of  the  justices  of  the  supreme  judi- 
cial court  upon  important  questions  of  law,  and  upon 
solemn  occasions, 26 

meeting  for  election  to  be  held  on  the  Tuesday  next  after  the 

first  Monday  of  November, 41 

in  case  of  failure  to  elect,  meeting  to  be  held  on  the  fourth 

Monday  of  November, 41, 42 

to  consist  of  two  hundred  and  forty  members,  apportioned  to 
the  several  counties  equally,  according  to  relative  num- 
ber of  legal  voters,      44 

commissioners  to  divide  counties  into  representative  districts 
of  contiguous  territory,  but  no  town  or  ward  of  a  city  to 
be  divided, 45 

no  district  entitled  to  elect  more  than  three  representatives,  .         45 

board  authorized  to  divide  county  into  districts,  to  be  certi-^ 
tied  to  by  the  secretary,  the  number  of  representatives  to 
which  the  county  is  entitled,       ......        45 


Impeachments,  by  the  house  of  representatives,  to  be  tried  by  the 
senate  ;  limitation  of  sentence  ;  party  convicted  liable  to 
indictment,  .         .         .         .        .         .         .         .         .         .  15, 16 

Incompatible  ollices, 31,36 

"  Inhabitant,"  the  word  defined, 13 

Inhabitants,  census  to  be  taken  in  1865,  and  every  tenth  j-ear  there- 
after,     '    .         .         38,40,44,45 

Insolvency,  commissioners  of,  elected  by  the  people  of  the  several 

counties  ;  annulled,     ........  44,  49 

Instruction  of  representatives, 8 

J. 

Judges  of  courts  may  not  hold  certain  other  ofliees,        .         .         .  31,36 
Judges  of  the  supreme  judicial  court,  to  hold  office  during  good 
behavior,  and  to  have  honorable  salaries  established  by 

standing  laws, 9,23,26 

to  give  opinions  u)>on  ini|i()rtant  (pu'stious  of  law.  etc.,  when 
re({uircd  by  the  governor  and  council,  or  either  branch  of 

legislature, 26 

not  to  hold  certain  other  ofiices, 31 

Judicatories  and  courts,  may  be  established  by  the  gonci-al  court, .         11 

may  admiuistor  oaths  or  alfiiinaliuns,        .....         11 

Judicial  department,  not  to  exercise  legislative  or  executive  powers,  9 


INDEX   TO   THE   CONSTITUTION.  63 

Page 
Judicial  officers,  appointed  by  the  governor  with  consent  of  council ; 

nominations  to  be  made  seven  days  prior  to  appointment,  21 

.    to  hold  office  during  good  behavior,  except  when  otherwise 

provided  by  the  constitution, 26 

may  be  removed  from  office  by  the  governor,  upon  the  address 

of  lioth  houses  of  the  legislature, 26 

Jury,  trial  by,  right  secured, 7 

Justices  of  the  peace,  commissions  to  expire  in  seven  years  from 

date  of  appointment,  but  may  be  renewed,        ...  26 

removal  of,  from  office,      . 49 

L. 

Law-martial,  only  those  employed  in  the  army  and  navy,  and  the 
militia  in  actual  service,  subject  to,  except  by  authority 

of  the  legislature, 9 

Laws,  every  person  to  have  remedy  in,  for  injury  to  person  or 

property, 6 

power  of  suspension  or  execution  of,  only  in  the  legislature,  .  8 

ex  post  facto,  prohibited  as  unjust  and  inconsistent  with  free 

government,         .........  9 

of  province,  colony  and  state,  not  repugnant  to  the  constitu- 
tion, continued  in  force, 32 

Legislative  power, 9 

Legislative  department,  not  to  exercise  executive  or  judicial  powers,  9 

Legislature  (see  General  Court). 

Liberty  of  the  jjress,  essential  to  the  security  of  freedom,        .        .  8 
Lieutenant-governor,  to  be  annually  elected  in  November,  —  title 
of,  His  Honor;    who  shall  be  qualified  same   as   gov- 
ernor,   23,37,41,48 

in  the  absence  of  governor,  to  be  president  of  the  council,       .        24 
to   be  acting   governor  when  the  chair  of  the   governor  is 

vacant,         ..........         24 

to  take  oath  of  office  before  president  of  the  senate  in  pres- 
ence of  both  houses, .31 

not  to  hold  certain  other  offices, 31 

term  of  office, 37 

Literature  and  the  sciences  to  be  encouraged,  ....        29 

■M. 

Magistrates  and  officers,  accountable  to  the  people,         ...  5 

Magistrates  and  courts,  not  to  demand  excessive  bail,  impose  ex- 
cessive fines,  or  inflict  cruel  punishments,          ...  9 

Major-genei'als,  elected  by  senate  and  house  of  representatives  by 

concurrent  vote,  .........  21 

paay  appoint  their  aids, 22 

Marriage,  divorce  and  alimony, 27 


64 


INDEX   TO   THP:   COXSTITUTIOX. 


Martial  law,  only  those  employed  in  the  army  and  navy,  and  the 
militia  in  actual  service,  subject  to,  except  by  authority 

of  legislature, 

Military  power,  suboi'dinate  to  civil  authority, 

Militia,  not  to  be  obliged  by  commander-in-chief  to  march  out  of 

the  limits  of  the  state, 

captains  and  subalterns,  elected  by  the  train-bands, 
all  members  of  companies  may  vote,  including  minors, 
field  officers,  elected  by  captains  and  subalterns, 
brigadiers,  elected  by  field  ofiicei:s,  .         .         .         ■ 
major-generals,  elected  by  senate  and  house  of  reiiresentatives 

by  concurrent  vote, 

mode  of  election  of  officers  to  be  fixed  by  standing  laws, 
if  electors  refuse  to  elect,  governor  with  advice  of  counci 
may  appoint  officers,  ....... 

officers  commissioned  to  command  may  be  removed  as  may 

be  prescribed  by  law, 

appointment  of  staff  officers, 

organization  ;  divisions,  brigades,  regiments  and  companies, 
Money,  issued  from  treasury  by  warrant  of  governor,  etc.,     . 

mentioned  in  the  constitution,  to  be  computed  in  silver  at  six 

shillings  and  eight  pence  per  ounce, . 

Money  bills,  to  originate  in  house  of  representatives, 

Moneys,  raised  or  appropriated  for  public  or  common  schools,  not 

to  be  applied  for  support  of  sectarian  schools,  . 
Moral  obligations  of  lawgivers  and  magistrates,    . 
Moral  qualifications  for  oftice, 


Page 


•9 
8 

21 
21,35 
35 
21 
21 

21 

21 

22 

22,35 
22 
22 

22 

32 
17 

43 

8 
8 


Notaries  puljlic,  to  be  appointed  by  governor  with  advice  of  coun- 
cil,         25,35 

how  removed, 35,  49 


o. 

Oaths  and  affirmations,  may  be  administered  by  courts  and  judica- 
tories,   ^ 

how  and  by  whom  taken  and  subscribed,  .        .       29,  30,  31,  36 

forms  of 29,30,35 

Quakers  may  atfirm 

to  be  taken  by  all  civil  and  military  officers,    . 

Objects  of  government, 

Offences  and  crimes,  prosecutions  lor,  regulated,    . 

Office  ot:  trust,  person  convicted  of  bribery,  etc.,  not  to  holil. 

Office,  rotation  in,  right  securi'd 

all  persons  having  the  prescribed  qualilications  equal 
gible  to,       


30,36 

35 

3,6 

7 

32 

G 


ell- 


indp:x  to  the  constitution.  65 

Page 
Office,  no  person  eligible  to,  unless  they  can  read  and  write,  .        44 

Officers,  civil,  legislature  may  provide  for  the  naming  and  settling 

of, 11 

Officers,  commission,  tenure  of  office  to  be  expressed  in  commis- 
sions,   26 

Officers,  judicial,  to  hold  office  during  good  behavior,  excej^t,  etc.,        26 
may  be  removed  by  governor,  with  consent  of  council,  upon 

the  address  of  both  houses  of  the  legislature,  ...  26 
Officers  of  former  government,  continued,  .....  33 
Officers  of  the  militia,  election  and  appointment  of,         .        .        .        21 

removal  of, 22,  35 

Officers  and  magistrates,  accountable  to  the  people,       ...  5 

Offices,  plurality  of,  prohibited  to  governor,  lieutenant-governor 

and  judges,  .        .        .         .         .        .        .         .        .31,36 

incompatible, 31,32,36 

Organization  of  the  militia, 22 


P. 

Pardon  of  offences,  governor  with  advice  of  council  may  grant,  but 

not  before  conviction,.        .......  21 

People,  to  have  the  sole  right  to  govern  themselves  as  a  free,  sover- 
eign and  independent  state, 6 

have  a  right  to  keep  and  to  bear  arms  for  the  public  defence,  8 
have  a  right  to  assemble  to  consult  upon  the  common  good,  to 

instruct  their  representatives,  and  to  petition  legislature,  8 

Person  and  property,  remedy  for  injuries  to,  shoi;ld  be  in  the  laws,  6 

Petition,  right  of,       .... 8 

Plantations,  unincorporated,  tax-paying  inhabitants  may  vote  for 

councillors  and  senators, .14 

Plurality  of  offices, 31 

of  votes,  election  of  civil  officers  by, 41 

Political  year,  begins  on  the  first  Wednesday  of  January,      .         .  37 

Polls,  ratable,  census  of, 38 

Preamlale  to  constitution,  .........  3 

Press,  liberty  of,  essential  to  the  security  of  freedom,     ...  8 
Private  property  taken  for  public  uses,  compensation  to  be  made 

for, 6 

Probate  courts,  provisions  for  holding, 26 

registers,  elected  by  the  people  of  the  several  counties,  .        .  21,44 

judges  may  not  hold  certain  other  offices,         ....  36 

Property  qualification,  may  be  increased  by  the  legislature,  .        .  32 

partially  abolished, 41 

of  governor,  annulled, .48 

Prosecutions  for  crimes  and  offences  regulated,       ....  7 
Provincial  laws,  not  repugnant  to  the  constitution,  continued  in 

force, 32 


66  INDEX   TO   THP:   CONSTITUTION. 


Public  boards  and  certain  officers  to  make  quarterly  reports  to  the 


Page 


22 


governor, 

Public  officers,  right  of  people  to  secure  rotation,   ....  6 
all  persons  having  the  prescribed  qualifications  equally  eli- 
gible,   6 

Public  notary  (see  Notary  public). 

Public  religious  worship,  right  and  duty  of, 4 

Punishments,  cruel  and  unusual,  not  to  be  inflicted,        ...  9 


Q. 

Quakers,  may  make  affirmation, 30,  36 

Qualification  of  persons  to  be  elected  to  office  may  be  increased  by 

the  legislature, 32 

Qualification,  property,  of  governor,  abolished,       ....        48 

Qualification,  property,  partially  abolished 41 

Qualifications,  of  a  voter, 13, 17,  34, 44,  46, 47,  48 

of  governor, 18,43,48 

of  lieutenant-governor, 23,43,48 

of  councillors, 41,43 

of  senators, 15,40,46 

of  representatives, 16,41,45 

of  secretary,  treasurer,  auditor,  and  attorney-general,      .         .        43 
Qualifications,  moral,  of  officers  and  magistrates,   ....  8 

Quartermasters,  appointed  by  commanding  officers  of  regiments, .         22 

Quorum,  of  covmcil, 19,24,42 

of  senate, 16,46,48 

of  house  of  representatives, 17,45,48 

R. 

Ratable  polls,  census  of, 38 

Reading  and  writing,  knowledge  of,  necessary  qualifications  for 

voting  or  holding  office, 44 

Records  of  the  commonwealth  to  be  kept  in  the  ofiice  of  the  secre- 
tary,  26 

Reo-ister  of  the  covmcil,  resolutions  and  advice  to  be  recorded  in, 

and  signed  by  members  present, 25 

Registers  of  pr<)l)ate,  chosen  by  the  people  of  the  several  counties,  21, 44 
Religious  denominations,  equal  protection  secured  to  all,  .     5,  38 

Religious  sect  or  denomination,  no  subordination  of  one  to  another 

to  be  established  by  law, 5,  38 

Religious  societies,  may  elect  their  own  i)astors  or  religious  teachers,    5,38 
membership  of,  defined,     .         .         .         .         .  .         .'88 

Religious  worship,  public,  right  and  duty  of,  and  protection  therein,  4 

suppoit  of  the  ministry,  and  erection  and  repair  of  houses  of 

worship, 4, 5, 38 


INDEX   TO   THE   CONSTITUTION.  67 

Page 
Remedies  bj  recourse  to  the  law,  to  be  free,  complete  and  prompt,  6 

Representatives  (see  House  of  representatives). 
Resolves  (see  Bills  and  resolves). 

Retiu'ns  of  votes, 13,19,42,43 

Revision  of  constitution  i^rovided  for  in  the  year  1795,    ...         33 
Rights,  declaration  of, 4 


s. 

Sailors  and  soldiers,  who  have  served,  etc.,  during  time  of  war,  not 
disqualified  from  voting  on  account  of  non-payment  of 
poll  tax,       ..........         48 

Salary,  a  stated  and  honorable  salary  to  be  established  for  the 

governor,     ..........        23 

permanent  and  honorable  salaries  to  be  established  for  the 
justices  of  the  supreme  judicial  court,  and  to  be  enlarged 

if  not  sufficient, 9,23 

School  moneys,  not  to  be  ajjiiropriated  for  sectarian  schools,  .  44 
Seal,  great,  of  the  commonwealth  to  be  affixed  to  all  commissions,  32 
Search,  seizure  and  arrest,  right  of,  regulated,        ....  7 

Secretary  of  the  commonwealth,  to  be  chosen  by  the  people  annually 

in  November, 26, 43 

to  hold  office  for  one  year  from  third  Wednesday  in  January 

next  thereafter,  and  until  another  is  chosen  and  qualified,        43 

manner  of  election,  etc.,  same  as  governor,      ....        43 

in  failure  of  election  by  voters,  or  in  case  of  decease  of  person 
elected,  vacancy  to  be  filled  by  joint  ballot  of  legislature, 
-    from  the  two  jjersons  having  the  highest  number  of  votes 
at  November  election,  .......         43 

vacancy  occurring  during  session  of  the  legislature,  filled  by 

joint  ballot  of  the  legislature  from  the  people  at  large,     .         43 

vacancy  occurring  when  legislature  is  not  in  session,  to  be 
filled  by  governor,  by  appointment,  with  advice  and  con- 
sent of  council,    35,43 

not  eligible,  unless  an  inhabitant  of  the  state  for  five  years 

next  preceding  election  or  apj)ointment,    ....         43 

office  to  be  deemed  vacant  if  person  elected  or  appointed  fails 

to  be  qualified  within  ten  days, 43 

records  of  commonwealth  to  be  kept  in  office  of,      .        .        .        26 

may  ajjpoint  deputies,  for  whose  conduct  he  shall  be  account- 
able,      26 

to  attend  governor  and  council,  senate  and  house,  in  person  or 

by  deputies,  as  they  shall  require, 26 

to  attest  all  commissions,  ........         32 

to  certify  to  board  authorized  to  divide  county  into  districts, 
the  number  of  representatives  to  which  the  county  is 
entitled, 45 


68  INDEX   TO   THE   CONSTITUTIOX. 

Page 
Sectarian  schools,  not  to  be  maintained  at  public  expense,  .  .  44 
Selectmen,  to  preside  at  tf)wn  meetings,  elections,  etc.,  ...         13 

Self-government,  right  of,  asserted, 5 

Senate,  the  first  branch  of  the  legislature, 10,13 

to  consist  of  forty  members,  apportionment,  etc.,      .        .      12,39,46 
to  be  chosen  annually,        ........         13 

governor  and  at  least  five  councillors,  to  examine  and  count 

votes,  and  issue  summonses  to  members,  ....         14 

to  be  final  judges  of  elections,  returns  and  qualifications  of 

their  own  members, 14 

vacancy  to  be  filled  by  election,  by  people  of  the  district,  upon 

order  of  majority  of  senators  elected,         .         .        .        .  15,  46 

qualifications  of  a  senator, 15,41 

not  to  adjourn  more  than  two  days  at  a  time,   ....         15 
to  choose  its  officers  and  establish  rules,  .....         15 

shall  try  all  impeachments, 15, 17 

quorum  of, 16,46,48 

may  punish  for  certain  off"ences  ;  trial  may  be  by  committee, .         18 
may  require  the  attendance  of  the  secretary  of  the  common- 
wealth in  person  or  by  deputy, 26 

may  require   the   opinions   of  the  justices   of  the   supreme 
judicial  court  upon  important  questions  of  law,  and  upon 

solemn  occasions, 26 

to  enter  objections,  made  by  governor  to  passage  of  a  bill  or 

resolve,  at  large  on  records, 10 

districts,  forty  in  number,  to  be  of  adjacent  territory,  and  to 

contain,  as  near  as  may  be,  an  equal  number  of  voters,    .        46 

apportionment  based  upon  legal  voters, 46 

Sheriffs,  elected  by  the  people  of  the  several  counties,    ,         .         .  21,44 
Silver,  value  of  mone}^  mentioned  in  the  constitution  to  be  computed 

in  silver  at  six  shillings  and  eight  pence  per  ounce,  ,        32 

Soldier,  not  to  be  quartered  in  any  house,  in  time  of  peace,  without 

consent  of  owner, 9 

Soldiers  and  sailors,  who  have  served  in  time  of  war,  eU;.,  not  dis- 
qualified from  voting  on  account  of  non-payment  of  poll 

tax, "...        48 

Solicitor-general, 21 

Standing  armies,  dangerous  to  liberty  and  not  to  be  maintained 

without  <-onsent  of  the  legislature, 8 

State  or  body  politic,  entitled,  —  The  Commonwealth  of  Massachu- 
setts,     10 

Supreme  judicial  court,  judges  to  have  lionorable  salaries  fixed  by 

standing  laws,  and  to  hold  office  during  good  behavior,  .     9,  23 
to  give  opinions  upon  important  questions  of  law,  etc.,  when 
required  l)y  either  branch  of  the  legislature  or  by  tlie  gov- 
ernor and  council, 26 

not  to  hold  certain  other  offices 31,36 

Sureties  of  bail,  excessive,  not  to  be  required,         ....  9 


INDEX   TO   THE    CONSTITUTION.  69 

T. 

Page 

Taxation  should  be  founded  on  consent, .6,8 

Taxes,  not  to  be  levied  without  the  consent  of  the  people  or  their 

representatives, ° 

may  be  imposed  by  the  legislature, 12 

valuation  of  estates,  to  be  taken  anew  once  at  least  every  ten 

years, .' 

Tenure  that  all  commission  officers  shall  by  law  have  in  their 

offices,  shall  be  expressed  in  their  commissions,       .         .        26 

Tests  abolished, 36 

Title  of  body  politic,  —  The  Commonwealth  of  Massachusetts,     .        10 

Title  of  governor  to  be,— His  Excellency, 18 

Title  of  lieutenant-governor  to  be,  — His  Honor,     .        -         .        .        23 
Town  clerk,  to  make  record  and  return  of  elections,       ...        13 

Town  meetings,  selectmen  to  preside  at, 13 

Town  representation  in  the  legislature, 16,39,40 

Towns,  voting  precincts  in, 47 

Travelling  expenses  of  members,  to  general  assembly  and  re- 
turning home,  once  in  every  session,  to  be  paid  hj  the 

government, 16 

Treason  and  felony,  no  subject  to  be  declared  guilty  of,  by  the 

legislature, 9 

Treasurer  and  receiver-general,  to  be  chosen  by  the  people  an- 
nually in  November, 25, 26,  43 

to  hold  otlice  for  one  year  from  third  Wednesday  in  January 

next  thereafter,  and  until  another  is  chosen  and  qualified,  43 
manner  of  election,  etc.,  same  as  governor,  ....  43 
not  eligible,  unless  an  inhabitant  of  the  state  for  five  years 

next  preceding  election  or  appointment,   ....        43 
no  man  eligible  more  than  five  years  successively, .         .        .  25,  26 
in  failure  of  election  by  voters,  or  in  case  of  decease  of  person 
elected,  vacancy  to  be  tilled  by  joint  ballot  of  legislature 
from  the  two  persons  having  the  highest  number  of  votes 

at  November  election, 43 

vacancy  occurring  during  session  of  the  legislature,  filled  by 

joint  ballot  of  the  legislature  from  the  people  at  large,    .        43 
vacancy  occurring  when  legislature  is  not  in  session,  to  be 
filled  by  governor,  by  appointment,  with  advice  and  con- 
sent of  the  council,      . 35,43 

office  to  be  deemed  vacant  if  person  elected  or  appointed  fails 

to  be  qualified  within  ten  days, 43 

Treasury,  no  moneys  to  be  issued  from,  but  upon  the  warrant  of 

governor,  except,  etc., 22 

Trial  by  jury,  right  to,  secured, 7 

guaranteed  in  criminal  cases,  except  in  army  and  navy,  .  7 


70  INDEX   TO   THE   CONSTITUTION. 

U. 

Page 
University  at  Cambridge, 27, 28, 47 


Y. 

Vacancy  in  office  of  governor,  powers  to  be  exercised  by  lieutenant- 
governor,    24 

Vacancy  in  offices  of  governor  and  lieutenant-governor,  powers 

to  be  exercised  by  the  council, 25 

Vacancy  in  the  council,  to  be  filled  by  the  election  of  a  resident  of 
the  district  by  concurrent  vote  of  the  senate  and  house  ; 
if  legislature  is  not  in  session,  to  be  filled  by  governor 

with  advice  of  the  council, 42, 47 

Vacancy  in  the  senate,  to  be  filled  by  election  by  the  people  upon 

the  order  of  a  majority  of  senators  elected,        .         .         .  15,46 
Vacancy  in  office  of  secretary,  treasurer,  auditor  and  attorney- 
general,  caused  by  decease  of  person  elected,  or  failure 
to  elect,  filled  by  joint  ballot  of  legislature  from  the  two 
persons  having  highest  number  of  votes  at  November 

election, 43 

occurring  during  session  of  legislature,  filled  by  joint  ballot 

of  legislature  from  people  at  large, 43 

occurring  when  legislature  is  not  in  session,  to  be  filled  by 

governor,  by  apjiointment,  with  advice  of  council,    .        .  35,  43 
Vacancy  in  militia  office,  filled  by  governor  and  council,  if  electors 

neglect  or  refuse  to  make  election, 21,22 

V^aluation  of  estates,  to  be  taken  anew  once  in  every  ten  years  at 

least, 12 

Veto  power  of  the  governor, 10 

Voters,  qualifications  of,  at  elections  for  governor,  lieutenant-gov- 
ernor, senators  and  representatives,  .       13,  17,  84,  44,  46,  47,  48 
not  disqualified  on  account  of  non-payment  of  poll  tax  if  they 

have  served  in  the  army  or  navy  in  time  of  war,  etc.,       .        48 
male  citizens,  twenty-one  years  of  age,  who  have  resided  in 
the  state  one  year,  and  within  the  town  or  district  six 
months,  who  have  paid  a  state  or  county  tax  within  two 
years  next  preceding  the  election  of  state  officers,  and 
such  as  are  exempted  l)y  law  from  taxation,  but  in  other 
respects  qualified,  and  who  can  write  their  names  and 
read  the  constitution  in  the  English  language,  .      17, 34,  44 

the  l)asis  upon  whicli  the  apportionment  of  representatives 

to  the  several  counties  is  made,  .....         44 

basis  of  apportionment  of  senators,  ......        46 

census  of,  to  be  taken  in  1865,  and  every  tenth  year  after,        .  44,  46 

Votes,  returns  of, 13,  19,  42,  43 

plurality  of,  to  elect  civil  ollicers, 41 

Voting  precincts  in  towns,        .         .         .        .         ....         47 


INDEX   TO   THE   CONSTITUTION.  71 


w. 

Page 
Worship,  public,  the  right  and  duty  of  all  men,       ....  4 
Writ  of  habeas  corpus,  to  be  enjoyed  in  the  most  free,  easy,  cheap 
and  expeditious  manner,  and  not  to  be  suspended  by 
legislature,  except  for  a  limited  time,        ....        32 
Writing  and  reading,  necessary  qualifications  for  voting,  or  hold- 
ing office, 44 

Writs,  to  be  issued  in  the  name  of  the  commonwealth  under  the 
seal  of  the  court,  bear  test  of  the  first  justice,  and  be 
signed  by  the  clei-k,    . 32 


Y. 

Year,  political,  begins  on  the  first  AVednesday  of  January,     .        .        37 


ACTS    AND    RESOLVES 


OF 


MASSACHUSETTS. 


1911. 


^W  The  General  Court  of  the  year  nineteen  hundred  and  eleven  assembled 
on  Wednesday,  the  fourth  day  of  January.  The  oaths  of  office  were  taken 
and  subscribed  by  His  Excellency  Eugene  N.  Foss  and  His  Honor  Louis 
A.  Frothingham,  on  Thursday,  the  fifth  day  of  January,  in  the  presence 
of  the  two  Houses  assembled  in  convention. 


ACTS. 


An  Act  making  appropriations  for  the  compensation  (J]iap.     1 

OF  THE  MEMBERS  OF  THE  GENERAL  COURT,  FOR  THE  COM- 
PENSATION OF  CERTAIN  OFFICERS  THEREOF,  AND  FOR 
EXPENSES    IN   CONNECTION   THEREWITH. 

Be  it  enacted  hij  the  Senate  and  Hmise  of  Representatives  in 
General  Court  assembled,  and  by  the  authority  of  the  same, 
as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth  *'*"^^' 
from  the  ordinary  revenue,  for  the  purposes  specified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eleven,  to  wit:  — 

For  the  compensation  of  senators,  thirty  thousand  seven  senators, 

1  1       1  1     r>i?j.        J    11  compensation. 

hundred  and  nity  dollars. 

For  compensation  for  travel  of  senators,  a  sum  not  exceed-  Travel, 
ing;  thirtv-two  hundred  dollars. 

For   the   compensation   of  representatives,    one   hundred  J^^^PJ^p^lJ^*^' 
eighty  thousand  seven  hundred  and  fifty  dollars.  pensation. 

For  compensation   for  travel  of  representatives,   a   sum  Travel, 
not  exceeding  nineteen  thousand  dollars. 

For  the  salaries  of  the  assistant  clerks  of  the  senate  and  Assistant 

clerks,  senate 

house  of  representatives,  four  thousand  dollars.  and  house. 

For  the  salary  of  Henry  D.  Coolidge,  clerk  of  the  senate,  cierkof 
thirty-five  hundred  dollars. 

For  such  additional  clerical  assistance  to  the  clerk  of  the  clerical  as- 
senate  as  may  be  necessary  for  the  proper  despatch  of  pub- 
lic business,  a  sum  not  exceeding  fifteen  hundred  dollars. 

For  the  salary  of  James  W.  Kimball,  clerk  of  the  house  cierkof 
of  representatives,  thirty-five  hundred  dollars. 

For  such  additional  clerical  assistance  to  the  clerk  of  the  clerical  as- 
house  of  representatives  as  may  be  necessary  for  the  proper 
despatch  of  public  business,  a  sum  not  exceeding  twenty-five 
hundred  dollars. 

For  the  compensation  of  the  chaplains  of  the  senate  and  Chaplains, 
house  of  representatives,  six  hundred  dollars. 


Acts,  1911.  —  Chap.  2. 


Doorkeepers, 
etc. 


Assistant 

doorkeepers, 

etc. 


Printing  and 
binding. 


Manual. 


Senate 
stationery. 

House 
stationery. 

Contingent 
expenses. 


Expenses  of 
committees. 


Advertising 
hearings. 


Witness 
fees,  etc. 

Pul)Iii'ati()n 
of  bulletin. 


Gliaj). 


Appr()i)ria- 
tions. 


For  the  salaries  of  the  doorkeepers  of  the  senate  and 
house  of  representatives,  and  the  postmaster,  forty-two  hun- 
dred dollars. 

For  the  compensation  of  assistant  doorkeepers,  messengers 
and  pages  to  the  senate  and  house  of  representatives,  a  sum 
not  exceeding  twenty-nine  thousand  dollars. 

For  printing  and  binding  ordered  by  the  senate  and  house 
of  representatives,  or  by  concurrent  order  of  the  two  branches, 
a  sum  not  exceeding  thirty-eight  thousand  dollars. 

For  printing  and  binding  the  manual  for  the  general  court, 
under  the  direction  of  the  clerks  of  the  senate  and  house  of 
representatives,  a  sum  not  exceeding  five  thousand  dollars. 

For  stationery  for  the  senate,  purchased  by  the  clerk,  a 
sum  not  exceeding  eight  hundred  dollars. 

For  stationery  for  the  house  of  representatives,  purchased 
by  the  clerk,  a  sum  not  exceeding  one  thousand  dollars. 

For  contingent  expenses  of  the  senate  and  house  of  rep- 
resentatives, and  necessary  expenses  in  and  about  the  state 
house,  a  sum  not  exceeding  six  thousand  dollars. 

For  authorized  expenses  of  committees  of  the  present 
general  court,  including  clerical  assistance  to  committees 
authorized  to  employ  the  same,  a  sum  not  exceeding  fifteen 
thousand  dollars. 

For  expenses  of  advertising  hearings  of  the  committees 
of  the  present  general  court,  including  expenses  of  prepar- 
ing and  mailing  the  advertisements  to  the  various  news- 
papers, a  sum  not  exceeding  ten  thousand  dollars. 

For  expenses  of  summoning  witnesses,  and  for  fees  of 
such  witnesses,  a  sum  not  exceeding  two  hundred  dollars. 

For  expenses  in  connection  with  the  publication  of  the 
bulletin  of  committee  hearings,  a  sum  not  exceeding  forty- 
five  hundred  dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Ajiproved  January  18,  1911. 

2  An    Act    making    appropriations    for    salaries    and 

EXPENSES  in  the  EXECUTIVE  DEPARTMENT  OF  THE  COM- 
MONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

vSection  1.  The  sums  hereinafter  mentioned  are  appro- 
])riated,  to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  salaries  and  exj)enses  in  the 
executive  dei)artment,    for   the   fiscal   year  ending  on   the 


Acts,  1911.  — Chap.  3.  5 

thirtieth  day  of  November,  nineteen  hundred  and  eleven, 
to  wit :  — 

For  the  salary  of  the  governor,  eight  thousand  dollars.      Governor. 

For  the  salary  of  the  lieutenant  governor,  two  thousand  go'vemorretc. 
dollars;    and  for  salaries  of  the  council,  sixty-four  hundred 
dollars. 

For  travelling  expenses  of  the  council,  a  sum  not  exceed-  Travelling 

»         ^  expenses. 

ing  one  thousand  dollars. 

For  the  salary  of  the  private  secretary  of  the  governor.  Private 
twenty-five  hundred  dollars.  '  secretary. 

For  the   salary   of  the  executive   secretary,   twenty-five  Executive 
hundred  dollars.  sucietary. 

For  the  salary  of  the  stenographer,  a  sum  not  exceeding  stenog- 
eighteen  hundred  dollars.  ^^^  ^'^' 

For  the  salary  of  the  clerk,  a  sum  not  exceeding  twelve  cierk. 
hundred  dollars. 

P^or  the  salary  of  the  messenger,  twelve  hundred  dollars.  Messenger. 

For  the  salary  of  the  assistant  messenger,  one  thousand  Assistant 

♦'  b      '  messenger. 

dollars. 

For  contingent  expenses,  a  sum  not  exceeding  three  thou-  Contingent 
sand  dollars.  '''^''''''^ 

For  postage,  printing  and  stationery,  a  sum  not  exceeding  Postage, 
twelve  hundred  dollars.  pnnmg,  ec. 

For  travelling  and  contingent  expenses  of  the  governor  and  ^x'^JnseT.^etc 
council,  a  sum  not  exceeding  twenty-five  hundred  dollars. 

For  postage,  printing  and  stationery  for  the  council,  a  Council 
sum  not  exceeding  five  hundred  dollars.  ^°^  ^^^'  ^  '^' 

For  the  payment  of  extraordinary  expenses,  to  be  expended  fx'plusl^/"'*'^^ 
under  the  direction  of  the  governor  and  council,  a  sum  not 
exceeding  one  hundred  thousand  dollars. 

For  the  preparation  of  tables  and  indexes  relating  to  the  Tables  and 
statutes  of  the  present  year  and  previous  years,  a  sum  not  "/atu'tes. 
exceeding  five  hundred  dollars. 

For  expenses  incurred  in  the  arrest  of  fugitives  from  jus-  Arrest  of 
tice,  a  sum  not  exceeding  one  thousand  dollars.  "^'  '^^^' 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  January  18,  1911. 

An   Act   to    authorize   the   treasurer   and   receiver  Cliap.     3 

GENERAL  TO  BORROW  MONEY  IN  ANTICIPATION  OF  REVENUE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  treasurer  and  receiver  general  is  hereby  Treasurer 

,  T        .        ,     .        1  .  . .  ^       '  n         ^  •       a"d  receiver 

authorized  to  borrow  at  any  time  during  a  nscal  year,  in  general  may 


6 


Acts,  1911.  —  Chaps.  4,  5. 


Treasurer 
and  receiver 
general  may 
borrow  money 
in  anticipa- 
tion of 
assessments 
for  metropoli- 
tan districts. 


borrow  money  anticipation  of  the  receipts  of  that  year,  such  sums  of  money 
tLroT"''"  as  may  from  time  to  time  be  necessary  for  the  payment  of 
revenue.  ordinary  demands  on  the  treasury,  at  such  rates  of  interest 

as  shall  be  found  necessary;    and  he  shall  repay  any  sums 

borrowed  under  this  act  as  soon  after  said  receipts  are  paid 
Proviso.  as  is  expedient:   'promded,  however,  that  all  money  borrowed 

under  this  act  shall  be  repaid  before  the  close  of  the  fiscal 

year  in  which  the  same  was  borrowed. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  January  18,  1011. 

Chap.     4  An   Act   to   authorize   the   treasurer   and   receiver 

GENERAL    TO    BORROW    MONEY    IN    ANTICIPATION    OF    THE 

ASSESSMENTS   FOR   THE    METROPOLITAN   DISTRICTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  treasurer  and  receiver  general  is  hereby 
authorized  to  borrow  at  any  time  during  a  fiscal  year,  in 
anticipation  of  the  assessments  of  that  year,  for  the  metro- 
politan districts,  such  sums  of  money  as  may  from  time  to 
time  be  necessary  for  the  payment  of  the  interest  and  main- 
tenance charges  of  the  metropolitan  districts,  and  to  issue 
notes  or  bonds  therefor,  at  such  rates  of  interest  as  shall  be 
found  necessary;  and  he  shall  repay  any  sums  borrowed 
under  this  act  as  soon  after  said  assessments  are  paid  as  is 
expedient.  The  treasurer  and  receiver  general  is  hereby 
authorized  to  collect  from  the  cities  and  towns  of  snid  metro- 
politan districts,  proportionately,  all  interest  that  may  be 
paid  upon  money  borrowed  under  this  act. 

Section  2.     This  act  shall  take  efl'ect  upon  its  passage. 

Approved  January  IS,  1911. 

Chap.     5  An  Act  relative  to  the  issuing  of  metropolitan  water 

loan  bonds. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  All  bonds  hereafter  issued  under  authority 
of  section  seventeen  of  chapter  four  hundred  and  eighty- 
eight  of  the  acts  of  the  year  eighteen  hundnMl  and  ninety-five, 
or  of  acts  in  amendment  thereof  or  in  addition  thereto,  may  be 
issued  as  registered  bonds  or  with  interest  coupons  attached. 

SiXTioN  2.  All  acts  and  parts  of  acts  inconsistent  here- 
with are  hereby  repealed. 

Section  3.     This  act  shall  take  eO'ect  upon  its  passage. 

Approved  January  10,  1011. 


Metropolitan 
water  loan 
bonds.  . 


Repeal. 


Acts,  1911.  —  Chaps.  6,  7. 


An  Act  relative  to  the  disease  of  mange.  Chap.     6 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section   twenty-eight  of  chapter  ninety  of  ^^;^^g^'  ^  "^• 
the  Revised  Laws  is  hereby  amended  by  inserting  after  the 
word  "farcy",  in  the  second  line,  the  word:  —  mange, — 
so  as  to  read  as  follows:  —  Section  28.     Contagious  diseases,  Contagious 
under  the  provisions  of  this  chapter,  shall  include  glanders,  dtffined! 
farcy,    mange,    contagious   pleuro-pneumonia,    tuberculosis, 
Texas  fever,  foot-and-mouth  disease,  rinderpest,  hog  cholera, 
rabies,  anthrax  or  anthracoid  diseases,  sheep  scab  and  acti- 
nomycosis. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Aijproved  January  31,  1911. 

An  Act  relative  to  the  location  upon  the  official  (Jhap.     7 

BALLOTS  IN  THE  CITY  OF  CAMBRIDGE  OF  NAMES  OF  CANDI- 
DATES   FOR   ALDERMEN. 

Be  it  enacted,  etc.,  as  follows: 

Section   1.     Section  one  of  chapter  two  hundred   and  i^^i".  293, 
ninety-three  of  the  acts  of  the  year  nineteen  hundred  and  amended. 
ten  is  hereby  amended  by  inserting  after  the  word  "ballot", 
in  the  third  line,  the  words :  —  for  primaries  and  elections, 
—  and  by  striking  out  the  words  "  nominations  for  alder- 
men", at  the  end  thereof,  and  inserting  in  place  thereof  the 
words :  —  nomination  papers  for  aldermen  for  primaries  and 
elections,  —  so   as   to   read   as   follows:  —  Section   1.     The  order  of 
names  of  candidates  for  aldermen  in  the  city  of  Cambridge  "aTn  candf*^"^ 
shall  be  printed  upon  the  official  ballot  for  primaries  and  offidarbaiiot, 
elections  in  the  order  in  which  they  may  be  drawn  by  the  etc 
city  clerk  whose  duty  it  shall  be  to  make  such  drawing.    The 
city  clerk  shall,  before  proceeding  to  draw  the  names  as  afore- 
said, give  notice  in  writing  to  the  several  candidates  of  the 
time  and  place  of  the  drawing,  and  every  such  candidate 
may  be  present  thereat  or  may  be  represented  by  one  person. 
The  said  notice  shall  be  mailed,  postage  prepaid,  to  each 
candidate  at  the  residence  stated  on  the  nomination  papers, 
at  least  twenty-four  hours  before  the  time  fixed  for  the 
drawing;    and  the  drawing  shall  be  made  not  more  than 
forty-eight  hours  after  the  last  day  for  filing  nomination 
papers  for  aldermen  for  primaries  and  elections. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Ajjproved  February  6,  1911. 


8 


Acts,  1911.  —  Chaps.  8,  9. 


Cliaj). 


R.  L.  217, 

§  84, 
amended. 


Duties  of 
probation 
officers. 


8  An  Act  relative  to  female  assistant  probation  officers. 

Be  it  enacted,  etc.,  as  follows: 

Section  eighty-four  of  chapter  two  hundred  and  seventeen 
of  the  Revised  Laws  is  hereby  amended  by  striking  out 
the  words  "municipal  court  of  the  city  of  Boston",  in  the 
sixth  Hue,  and  inserting  in  place  thereof  the  words:  — 
court  under  the  appointment  of  which  they  act,  —  so  as  to 
read  as  ioWows:  —  Section  84.  Each  probation  officer  shall 
inquire  into  the  nature  of  every  criminal  case  brought  before 
the  court  under  the  appointment  of  which  he  acts,  and  may 
recommend  that  any  person  convicted  thereby  be  placed 
upon  probation.  Female  assistant  probation  officers  shall 
investigate  the  cases  of  all  women  charged  with  crime  in 
the  court  under  the  appointment  of  which  they  act  and 
perform  such  other  duties  as  the  justices  of  said  court  may 
require.  Each  probation  officer  shall  keep  full  records  of 
all  cases  investigated  by  him,  of  all  cases  placed  in  his  care 
by  the  court,  and  of  any  other  duties  performed  by  him. 
The  court  may  place  the  person  so  convicted  in  the  care  of 
a  probation  officer  for  such  time  and  upon  such  conditions 
as  may  seem  proper.  The  superior  court  may  also  place 
upon  probation  under  any  of  its  probation  officers  any 
person  charged  before  it  with  crime.  Each  person  released 
upon  probation  shall  be  furnished  by  the  probation  officer 
with  a  written  statement  of  the  terms  and  conditions  of  his 
release.  Approved  February  6,  1911. 


Chap. 


R.  L.  128, 
§  38, 
amended. 


Asses.sment 
for  better- 
ments, etc. 


9  An  Act  to  make  more  specific  the  contents  of  land 
registration  certificates. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  fifth  article  of  section  thirty-eight  of 
chapter  one  hundred  and  twenty-t^'ight  of  the  Revised  Laws 
is  hereby  amended  by  inserting  after  the  word  "liability", 
in  the  eighteenth  line  of  said  section,  the  words:  —  except 
for  taxes  payable  to  the  commonwealth,  —  so  as  to  read  as 
follows:  —  Fifth,  Any  liability  to  assessment  for  better- 
ments, or  other  statutory  liability,  except  for  taxes  payable 
to  the  commonwealth,  which  may  attach  to  land  in  this 
commonwealth  as  a  lien  prior  to,  or  independent  of,  the 
recording  or  registering  of  any  paper;  but  if  there  are  ease- 
ments or  other  rights  appurtenant  to  a  parcel  of  registered 


Acts,  1911.  —  Chaps.  10,  11.  9 

land  which  for  any  reason  have  failed  to  be  registered,  such 
easements  or  rights  shall  remain  so  appurtenant  notwith- 
standing such  failure,  and  shall  be  held  to  pass  with  the  land 
until  cut  off  or  extinguished  by  the  registration  of  the 
servient  estate,  or  in  any  other  manner. 

Section  2.     This  act  shall  take  effect  upon  its  passage  Time  of 
and  shall  apply  forthwith  to  all  certificates  of  title  then  *''*'""s  effect. 
uncancelled".  Ayyroved  February  6,  1911. 

An  Act  relative  to  the  abatement  of  smoke  in  boston  (JJiq^j^  \o 

and  vicinity. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  one  of  chapter  six  hundred  and  fifty-  1910,  esi, 
one  of  the  acts  of  the  year  nineteen  hundred  and  ten  is  Amended, 
hereby  amended  by  inserting  after  the  word  "as",  in  the 
twelfth  line,   the  word :  —  heretofore,  —  so  that  the  para- 
graph hereby  amended  will  read  as  follows :  — 

"Chart"  means  Ringelmann's  Smoke  Chart  as  hereto-  Ringeimann's 
fore  published  and  used  by  the  United  States  Geological  s-^^^e  chart. 
Survey. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  6,  1911. 

An    Act   rel.^.tive   to   the   building    of   a   structure  qJk^^j    w 

over   FREMONT   STREET   IN  THE   CITY   OF  WORCESTER. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     Upon  petition  and  after  seven  days'  public  Building  of 
notice,  published  in  at  least  three  newspapers  published  in  o^w  EVemont 
the  city  of  Worcester,  and  a  public  hearing  thereon,  the  g-[y*oV"  *^^ 
board  of  aldermen  of  the  city  of  Worcester  ma}%  by  a  two  Worcester. 
thirds  vote,  with  the  approval  of  the  mayor,  issue  a  permit 
to  the  Worcester  Bleach  and  Dye  Works  Company  of  Worces- 
ter to  build  and   maintain  a  bridge  across  Fremont   street 
in  said  city,  for  the  purpose  of  connecting  buildings  occupied 
by  it  on  opposite  sides  of  the  street,  on  such  conditions  and 
subject  to  such  restrictions  as  the  said  board  may  prescribe. 
Any  permit  so  issued  may  be  revoked  by  vote  of  the  board 
of  aldermen,  approved  by  the  mayor. 

Section  2.     Any  bridge  built  under  a  permit  granted  as  Height  of 
aforesaid  shall  be  constructed  and  maintained  at  a  height 
not  less  than  eighteen  feet  above  the  grade  line  of  the  street 
and  shall  be  not  more  than  twelve  feet  in  width,  and  no 


10  Acts,  1911.  — Chaps.  12,  13,  14. 

part  of  said  bridge  or  of  its  support  shall  rest  on  the  sur- 
face of  the  street. 
Damages.  SECTION  3.     Any  pcrsou  whose  property  is  damaged  by 

reason  of  the  construction  of  a  bridge  as  aforesaid  may 
have  the  damages  determined  by  a  jury  upon  petition  to 
the  superior  court  filed  within  one  year  after  the  permit 
was  approved  by  the  mayor,  as  above  provided. 
Section  4,    This  act  shall  take  effect  upon  its  passage. 

Approved  February  9,  1911. 

Chap.  12  An  Act  to  authorize  the  trustees  of  thayer  acad- 
emy   TO    HOLD    additional    REAL    AND    PERSONAL    ESTATE. 

Be  it  enacted,  etc.,  as  follcnvs: 

Thave^r''^^  SECTION  1.     The  Corporation  known  as  the  Trustees  of 

Academy  to       Thayer  Academy  is  hereby  authorized,  for  the  purposes  set 

tionai  estate,     forth  in  its  act  of  incorporation,  to  hold  real  and  personal 

estate   to    an    amount   which,  together   with    the    amoimts 

heretofore  authorized  by  law,  shall  not  exceed  one  million 

dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  9,  1911. 

Chap.  13  An  Act  to  authorize  the  trustees  of  the  house  of 
the  angel  guardian  to  hold  additional  real  and 
personal  estate. 

Be  it  enacted,  etc.,  as  follows: 

ui^Hmfseof         Section  1.     The  corporation  known  as  the  Trustees  of 
the  Angel         f]^^  IIousc  of  the  Augcl  Guardian  is  herebv  authorized  to 

Ouurdian  to  Y  "^    •       i      i-  i 

hold  additional  hold  Tcal  and  personal  estate  to  an  amount,  mchuling  tiiat 
now  held  by  said  corporation,  not  exceeding  four  hundred 
thousand  dollars,  which  j^roperty  and  the  income  derixed 
therefrom  shall  be  devoted  to  the  i)ur])oses  set  forth  in  the 
charter  of  the  corporation. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

.Approved  February  9,  1911, 

Chap.  14  An   Act   to   extend   the   cii.\rter   of   the   wakefield 

REAL   ESTATE   AND    BITILDING    ASSOCIATION. 

Be  it  enacted,  etc.,  as  follows: 
,?'w"L'r,,        Section  1.     The   Wakefield    Real    Estate   and    Building 

the  WaU.fiild  ...  i       i  i  i  i         i  i 

Heal  Ksiate       Assocuitioti,    iiicorporatcd     by    cliapter    one    niiiulrrd    and 


Acts,  1911.  — Chaps.  15,  16.  11 

twenty  of  the  acts  of  the  year  eighteen  hundred  and  seventy-  and  Building 

1      11   1  J  •  J.*         i?  i*      ii  J  '  p  Association 

one,  shall  be  and  remain  a  corporation  tor  a  lurther  term  or  extended. 
twenty  years  from  the  twenty-second  day  of  March,  nine- 
teen hundred  and  eleven,  and  shall  during  such  further 
term  have  the  powers  and  privileges  and  be  subject  to  the 
duties,  liabilities  and  restrictions  set  forth  in  its  charter  and 
in  the  general  laws  now  or  hereafter  in  force  relating  to  such 
corporations. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Ayiwoved  February  9,  1911. 

An  Act  to  authorize  the  proprietors  of  the  hing-  QJia^j    15 

HAM    CEMETERY    TO    TAKE    AND    HOLD    ADDITIONAL    REAL  ' 

AND   PERSONAL  ESTATE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  Proprietors  of  the  Hingham  Cemetery  Proprietors 
are  hereby  authorized  to  take  and  hold  for  the  purposes  ceSeto'^"" 
for  which  they  were  incorporated  real  estate,  including  what  "^dit'^onlii 
they  are  now  authorized  to  hold,  to  an  amount  not  exceed-  estate. 
ing  fifty  acres  and  personal  estate  to  an  amount  not  exceed- 
ing one  hundred  thousand  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Appromd  February  9,  1911. 

An  Act  to  provide  for  the  appointment  of  a  police  (J])  an    16 
commissioner  of  the  city  of  malden. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The   mayor   and   aldermen    of   the   city   of  Appointment 
Maiden   shall,   within   sixty  days  after  the  acceptance  of  commissioner 
this  act,  as  hereinafter  provided,  appoint  one  person  to  be  Maiden.'^  °^ 
police  commissioner,  whose  term  of  office  shall  expire  on 
the  first  day  of  March  in  the  year  nineteen  hundred  and 
fifteen,  and  shall  thereafter,  in  the  month  of  January  or 
February  in  the  year  nineteen  hundred  and  fifteen,  and  in 
every  third  year  thereafter,  appoint  one  person  as  police 
commissioner,  whose  term  of  office  shall  be  three  years  from 
the  first  day  of  INIarch  next  succeeding  his  appointment. 
A  police  commissioner  appointed  under  this  act  shall  hold 
office  until  his  successor  is  chosen  and  qualified,  but  he  may 
be  removed  by  the  mayor  and  aldermen  at  any  time  for 
cause.     Any  vacancy  may  be  filled  by  the  mayor  and  alder- 


12 


Acts,  1911.  —  Chap.  16. 


May  appoint 
and  organize 
the  police. 


Acting  com- 
missioner. 


Present  mem- 
bers of  police 
force  to  con- 
tinue in  office 
until,  etc. 


Number  of 
putrohnen 
not  to  be  in- 
creased, etc. 


Report. 


men  at  any  time.  The  police  commissioner  shall  receive 
such  compensation  as  may  be  fixed  by  the  city  council. 

Section  2.  The  police  commissioner  shall  have  author- 
ity to  appoint,  establish  and  organize  the  police  of  said  city 
and  to  make  all  needful  rules  and  regulations  for  its  efficiency. 
Except  as  otherwise  provided  herein,  all  the  powers  and 
duties  now  conferred  or  imposed  by  law  upon  the  mayor  and 
aldermen  of  said  city  or  upon  the  chief  of  police  or  city  mar- 
shal relative  to  the  appointment,  pay,  discipline,  manage- 
ment, control,  removal  and  retirement  upon  pension  of  the 
police  of  said  city,  are  hereby  conferred  and  imposed  upon 
said  police  commissioner.  He  shall  have  the  care  of  the 
police  station,  shall  have  the  care  and  custody  of  all  prop- 
erty of  the  city  used  by  the  police  department,  and  shall 
keep  a  record  of  all  its  business.  He  shall  have  such  other 
powers  and  perform  such  other  duties,  not  inconsistent  with 
law,  as  the  city  council  may  from  time  to  time  by  ordinance 
prescribe. 

Section  3.  In  case  of  the  absence  or  disability  of  the 
police  commissioner,  the  next  ranking  officer,  or,  where 
there  are  two  such  officers  of  equal  rank,  the  senior  officer 
in  date  of  appointment,  shall  be  acting  commissioner  while 
such  absence  or  disability  continues.  An  acting  police  com- 
missioner shall  receive  no  extra  compensation  for  services 
as  such. 

Section  4.  The  members  of  the  INIalden  police  force, 
including  reserve  police  officers,  in  office  when  the  said  com- 
missioner is  first  appointed  shall  continue  to  hold  their 
several  offices  until  remoN'ed  or  retired  from  acti\'e  service 
by  the  police  commissioner  in  accordance  with  law^;  and 
the  present  rules  and  regulations  shall  continue  in  force 
until  otherwise  ordered  by  the  police  commissioner.  All 
police  officers  now  in  office  or  appointed  by  the  j)olice  com- 
missioner shall  have  and  exercise  within  the  limits  of  said 
city  all  the  powers  conferred  by  law  upon  constables,  except 
in  relation  to  the  service  of  civil  process,  and  all  the- powers 
conferred  upon  the  police  as  watchmen. 

Section  5.  Kxcept  as  authorized  by  the  city  council  of 
the  city,  said  commissioner  shall  not  increase  the  number 
of  patrolmen;  nor  shall  the  pay  of  the  members  of  the  police 
force  be  increased  or  diminished,  except  by  the  concurrent 
action  of  the  city  council,  mayor  and  police  conmiissioner. 

Section  (>.  The  ])olice  commissioner  shall  annually  in 
the  month  of  January  make  a  rei)ort  to  the  city  council; 


Acts,  1911.  — Chap.  17.  13 

and  his  records  shall  at  all  times  be  open  to  the  inspection 
of  the  mayor  and  city  council. 

Section  7.     Whenever  an  appointment  is  to  be  made  Mayor  to 
pursuant  to  the  provisions  of  this  act,  the  mayor  shall  have  nominatTo^n."^ 
the  exclusive  power  of  nomination,  subject  to  confirmation 
or  rejection  by  the  board  of  aldermen. 

Section  8.  All  existing  acts  and  parts  of  acts  incon-  certain  acts 
sistent  herewith  shall  not  hereafter  apply  to  the  city  of  "otto^pp'y- 
Maiden. 

Section  9.    This  act  shall  be  submitted  to  the  voters  of  Acceptance 
the  citv  of  Maiden  at  the  annual  state  election  m  Novem-  submitted  to 
ber,   nineteen   hundred   and   eleven,    and   the  form   of   the 
question  to  be  placed  upon  the  ballot  shall  be  as  follows :  — 
Shall  chapter  of  the  acts  of  the  year  nineteen  hun- 

dred and  eleven,  being  "An  Act  to  provide  for  the  appoint- 
ment of  a  police  commissioner  of  the  city  of  Maiden  ",  be 
accepted?  and  if  a  majority  of  the  voters  voting  thereon 
vote  in  the  affirmative  this  act  shall  take  effect. 

Section  10.    So  much  of  this  act  as  authorizes  its  sub-  Time  of 
mission  to  the  voters  of  the  city  shall  take  effect  upon  its   ^  '°^  ^ 
passage,  but  it  shall  not  further  take  effect  until  accepted 
by  the  voters  of  the  city  as  herein  provided. 

Approved  February  9,  1911. 

An  Act  to  authorize  the  city  of  malden  to  pay  an  (J]iaij    17 

annuity  to  the   widow   of  MICHAEL  S.  MURPHY. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.    The  city  of  Maiden  is  hereby  authorized  to  The  city  of 
pay  to  Julia  Murphy,  widow  of  Michael  S.  Murphy,  de-  ^  an\"''' 
ceased,  late  a  member  of  the  fire  department  of  that  city,  Mur^h°^"'''' 
who  died  by  reason  of  injuries  received  in  the  discharge  of 
his  duty,  a  sum  not  exceeding  twenty-five  dollars  per  month 
for  a  period  of  six  years:   iwovided,  that  any  payments  made  Proviso, 
hereunder  shall  cease  upon  the  remarriage  of  said  Julia 
Murphy. 

Section  2.    This  act  shall  be  submitted  to  the  city  coun-  To  be  sub- 
cil  of  said  city  and  shall  take  effect  upon  its  acceptance  by  dt?councii^ 
a  two  thirds  vote  of  the  members  present  and  voting  in  each  ^"'^  acceptance. 
branch  and  upon  the  approval  of  the  mayor. 

Section  3.     So  much  of  this  act  as  authorizes  its  sub-  Time  of 
mission  to  the  city  council  shall  take  effect  upon  its  passage,    *  '"^  ^ 
but  it  shall  not  further  take  effect  until  accepted  by  the  city 
council  as  herein  provided.       Approved  February  9,  1911. 


14 


Acts,  1911.  —  Chaps.  18,  19. 


1906,  141, 
§  1, 
amended. 


Taking,  etc., 
of  the  heath 
hen  pro- 
hibited. 


Cluvp.   18  An  Act  to  prevent  the  extermination  of  the  heath 

HEN,  so-called. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  one  hundred  and 
forty-one  of  the  acts  of  the  year  nineteen  hundred  and  six 
is  hereby  amended  by  striking  out  the  word  "eleven",  at 
the  end  of  said  section,  and  inserting  in  place  thereof  the 
word :  —  sixteen,  —  so  as  to  read  as  follows :  —  Section  1 .  It 
shall  be  unlawful  to  hunt,  take  or  kill  that  species  of  pin- 
nated grouse  commonly  called  heath  hen,  and  scientifically 
known  as  Tymimnuchus  cnjndo,  or  to  buy,  sell,  otherwise 
dispose  of,  or  have  in  possession  the  same  or  any  part 
thereof,  previous  to  the  first  day  of  November  in  the  year 
nineteen  hundred  and  sixteen. 

Section  2.  So  much  of  section  four  of  chapter  ninety- 
two  of  the  Revised  Laws  as  is  inconsistent  herewith  is  hereby 
repealed. 

Section  3.  Whoever  violates  any  provision  of  this  act 
shall  be  punished  by  a  fine  of  one  hundred  dollars  for  each 
bird  or  part  thereof  in  respect  to  which  the  violation  occurs. 

Approved  February  9,  1911. 


Repeal. 


Penalty. 


Protection 
of  certain 
birds. 


Chap.  19  An  Act  for   the    protection   of   gray,   European  or 

HUNGARIAN    PARTRIDGE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  It  shall  be  unlawful  to  hunt,  pursue,  take 
or  kill,  sell  or  offer  for  sale,  or  to  have  in  possession,  the 
bird  known  as  Perdix  cinerea,  commonly  called  Hungarian 
partridge,  gray  or  European  partridge,  except  as  herein- 
after provided. 

Section  2.  Upon  application  to  the  commissioners  on 
fisheries  and  game  written  permission  may  be  granted  to 
any  person  to  engage  in  the  rearing  of  this  bird,  and  to  dis- 
pose of  the  same  under  such  rules  and  regulations,  approved 
by  the  governor  and  council,  as  may  be  made  from  time 
to  time  by  the  commissioners.  Such  artificially  propa- 
gated birds,  Hungarian  partridge,  gray  or  European  part- 
ridge, may  be  sold  or  had  in  possession  at  any  season  of  the 
year  for  purposes  of  propagation. 


Commission- 
ers on  fish 
and  game 
may  prant 
permits  to 
rear  certain 
bird.s,  etc. 


Acts,  1911.  — Chap.  20.  15 


Section  3.    Whoever  violates  any  provision  of  this  act,  Penalty, 
or  any  rule  or  regulation  made  as  aforesaid,  shall  be  pun- 
ished by  a  fine  not  exceeding  fifty  dollars  for  each  bird  or 
part  thereof  in  respect  to  which  the  violation  occurs. 

Approved  February  9,  1911. 


An  Act  to  authorize  the  town  of  easthampton  to  (JJiap,  20 

ESTABLISH   A   BOARD   OF   PUBLIC   WORKS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,    The  town  of  Easthampton  shall,  at  its  next  The  town  of 
annual  meeting  after  the  acceptance  of  this  act,  elect  by  may  efeTa"'' 
ballot  a  board  of  public  works,  consisting  of  three  members,  pubifc  works. 

Section  2.  At  the  meeting  at  which  this  act  is  accepted.  Terms  of 
or  at  a  meeting  held  at  least  fourteen  days  before  the  annual  '"®°^*'®'"^'  ®*^- 
meeting  at  which  this  act  is  to  become  operative,  the  town 
shall  vote  to  elect  the  members  of  said  board  of  public 
works  either  annually  for  the  term  of  one  year,  or  one  for 
the  term  of  one  year,  one  for  the  term  of  two  years,  one 
for  the  term  of  three  years,  and  annually  thereafter  one 
for  the  term  of  three  years. 

Section  3.  The  provisions  of  statute  law  relating  to  Certain  pro- 
the  oath  of  office,  entering  upon  the  performance  of  duties,  tolppV.  *^ 
tenure  of  office,  change  in  the  term  of  office,  failure  in  elec- 
tion, and  vacancies  in  the  office  of  selectmen  are  hereby 
made  applicable  to  the  members  of  said  board  of  public 
works;  and  they  shall  receive  such  compensation  for  their 
services  as  the  town  may  determine. 

Section  4.     Upon  the  election  of  said  board  of  public  Power  and 
works  all  the  powers,  rights,  duties  and  liabilities  of  the  ce^rtaiVother 
boards  of  water  commissioners  and   sewer  commissioners  ferVe*d  t!)^the 
and  of  the  highway  surveyor  in  said  town  shall  be  trans-  board  hereby 
ferred  to  the  board  of  public  works;    and  the  boards  of 
water    commissioners    and    sewer    commissioners    and    the 
office  of  highway  surveyor  shall  be  abolished.     No  exist- 
ing contracts  or  liabilities  shall  be  affected  thereby,  but  the 
board  hereby  created  shall  in  all  respects,  and  for  all  pur- 
poses whatsoever,  be  the  lawful  successors  of  said  boards 
of  water  commissioners  and  sewer  commissioners  and  of 
the  highway  surveyor. 

Section  5.     Upon  the  election  of  said  board  of  public  Same 
works  all  the  powers,  rights,  duties  and  liabilities  of  the  ^"''^^*'*- 


16 


Acts,  1911.  — Chap.  20. 


Appointment  of 
a  civil  en- 
gineer, etc. 


Repeal. 


Time  of 
taking  effect. 


selectmen  in  said  town  now  existing  or  hereafter  created 
by  law,  relating  to  highways,  town  ways,  the  laying  out 
and  discontinuance  of  ways,  bridges,  sidewalks,  guide  posts, 
monuments  at  the  termini  and  angles  of  roads,  public  squares, 
playgrounds,  shade  trees,  sewers,  drains,  street  watering, 
street  lighting,  the  assessment  of  damages  and  betterments, 
water  pipes,  gas  pipes,  conduits,  poles,  wires,  street  rail- 
ways, the  granting  of  locations,  rights  or  licenses  for  struc- 
tures upon  private  land,  or  upon,  under  or  over  highways 
or  other  waj'^s,  shall  be  exercised,  enjoyed,  performed  and 
incurred  by  a  board  consisting  of  the  selectmen,  the  board 
of  public  works  created  by  this  act,  and  the  chairman  of 
the  board  of  assessors,  ex  officio,  sitting  jointly  as  the  board 
of  survey. 

Section  6.  Said  board  of  public  works  shall  annually, 
in  the  month  of  March,  appoint  a  competent  civil  engineer, 
who  shall  perform  such  duties  as  may  be  required  of  him 
by  said  board.  He  shall  hold  office  at  the  pleasure  of  said 
board,  and  the  said  board  shall  fix  his  compensation,  which 
shall  be  subject  to  alteration  by  the  town.  The  said  board 
of  public  works  shall  have  authority  to  appoint  such  super- 
intendents and  subordinate  officers  as  it  shall  deem  neces- 
sary, and  to  establish  their  terms  of  office.  No  member 
of  the  board  of  public  works  shall  be  eligible  for  appoint- 
ment as  such  superintendent.  The  board  of  public  works 
shall,  subject  to  alteration  by  the  town,  have  authority 
to  fix  the  compensation  of  said  superintendents  and  sub- 
ordinate officers,  and  shall  also  have  authority  to  employ 
and  discharge  such  laborers  and  other  persons  as,  in  its 
oi)inion,  may  be  necessary  to  carry  out  the  work  devolving 
upon  the  board. 

Section  7.  Section  nine  of  chapter  two  hundred  and 
fifty-two  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
one,  and  section  two  of  chapter  seventy-one  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-three,  and  all 
other  acts  and  parts  of  acts  inconsistent  herewith,  are 
hereby  repealed. 

Section  8.  This  act  shall  take  effect  upon  its  accept- 
ance by  a  majority  of  the  voters  of  the  said  town,  present 
and  voting  thereon  at  any  annual  meeting  or  at  any  special 
meeting  called  for  the  purpose  within  three  years  after  its 
passage;  but  the  number  of  such  meetings  shall  not  exceed 
three  in  any  one  year.  At  such  meetings  the  votes  shall 
be  taken  by  written  or  printed  ballots  and  the  polls  shall 


Acts,  1911.  — Chaps.  21,  22.  17 

be  kept  open  at  least  four  hours.  In  receiving  the  ballots, 
the  check  list  shall  be  used  in  the  manner  in  which  it  is 
used  at  elections  of  national,  state  and  county  officers. 

Approved  February  9,  1911. 


An  Act  to   authorize   the   metropolitan  water  and  Qj^Q^y    21 

SEWERAGE    BOARD    TO    USE    CERTAIN    FUNDS    FOR    EXTEND-  "' 

ING     THE     SOUTH    METROPOLITAN     SEWER    TO     THE     TOWN 
OF   BRAINTREE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     The  metropolitan  water  and  sewerage  board  fh^*sout^°  °^ 
is  hereby  authorized  to  expend  any  balance  of  the  proceeds  metropolitan 
of  the  bonds  already  issued  on  account  of  the  Metropolitan  town  of 
Sewerage  Loan  Fund,  which  may  be  in  excess  of  the  amount     "^''^''■®®- 
required  for  satisfying  the  purposes  for  which  such  bonds 
were  issued,  to  meet  any  expenses  which  may  be  incurred 
under  the  provisions  of  chapter  five  hundred  and  forty-six 
of  the  acts  of  the  year  nineteen  hundred  and  ten  to  pro- 
vide for  the  addition  of  the  town  of  Braintree  to  the  south 
metropolitan  sewerage  district. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  9,  1911. 


An  Act  to  authorize  the  third  congregational  society  (JJiap.  22 

in  CAMBRIDGE  TO  CONVEY  CERTAIN  PROPERTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  Third  Congregational  Society  in  Cam-  The  Third 
bridge,   by  the   standing  committee  of  said   society   or  a  uonfri^dety 
majority  of  them,  is  authorized  to  convey  to  such  person  n^av*c™nv"ey^^ 
or  persons  as  the  society  at  a  regularly  called  meeting  may  pertain 
designate,  all  that  certain  parcel  of  real  estate  with  the 
church  and  other  buildings  thereon  situate,  bounded  and 
described    as    follows: — Southwesterly   by  Austin    street, 
in  the  city  of  Cambridge,  one  hundred  and  eight  feet;  north- 
westerly by  land  formerly  of  Bangs,  one  hundred  and  twenty- 
one  feet;    northeasterly  by  land  of  persons  unknown,  one 
hundred  and  eight  feet;    southeasterly  by  land  formerly  of 
]\Iuzzey,   one  hundred  and  twenty-five  feet;    or  however 
otherwise  the   said   church  property  may  be  bounded   or 
described.     Said  conveyance  shall  be  made  in  such  form 
as  the  said  society  may  deem  expedient,  and  the  title  shall 


18 


Acts,  1911.  — Chaps.  23,  24. 


be  conveyed  free  of  any  trust,  ecclesiastical  or  otherwise, 
that  may  have  hitherto  existed.  The  purchaser  of  said 
property  is  hereby  exempted  from  any  responsibility  for 
the  application  of  the  purchase  money  by  the  said  society. 
The  proceeds  of  the  said  conveyance  shall  be  devoted  to 
the  improvement  and  maintenance  of  the  church  property. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  9,  1911. 


Gliaj).  23  An  Act  making  appropriations  for  the  compensation 

AND   EXPENSES   OF  THE   BALLOT   LAW   COMMISSION. 


Appropria- 
tions. 


Ballot.  law 
commission. 

Expenses. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  common- 
wealth from  the  ordinary  revenue,  for  the  ballot  law  com- 
mission, for  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eleven,  to  wit :  — 

For  the  compensation  of  the  commissioners,  a  sum  not 
exceeding  fifteen  hundred  dollars. 

For  expenses,  a  sum  not  exceeding  one  hundred  and 
fifty  dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  11,  1911. 


Approi)ria 
tions. 


Chap.  24  An  Act  making  appropriations  for  salaries  and 
expenses  in  the  department  of  the  attorney- 
general. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  common- 
wealth from  the  ordinary  revenue,  for  the  attorney-g(Mi- 
eral's  department,  for  the  fiscal  year  ending  on  the  thirtieth 
day  of  November,  nineteen  hundred  and  eleven,  to  wit:  — 

For  the  salary  of  the  attorney-general,  five  thousand 
dollars. 

For  the  compensation  of  assistants  in  his  office,  and  for 
such  additional  legal  assistance  as  may  be  deemed  neces- 
sary, and  also  for  any  other  necessary  expenses,  a  sum  not 
exceeding   forty-five   thousand   dollars. 

Section  2.     This  act  shall  take  effect  ui)()n  its  ])assage. 

Approved  February  11,  1911. 


Attornoy- 
general. 

Assistants, 
etc. 


Acts,  1911.  — Chaps.  25,  26.  19 


An    Act    making    appropriations    for    salaries    and  Qf^Qry    25 

EXPENSES   IN  THE   OFFICE   OF  THE   CONTROLLER   OF      "' 
COUNTY  ACCOUNTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  treasury  of  the  common-  *""^®- 
wealth  from  the   ordinary  revenue,   for  the  office  of  the 
controller  of  county  accounts,  for  the  fiscal  year  ending 
on  the  thirtieth  day  of  November,  nineteen  hundred  and 
eleven,  to  wit:  — 

For   the   salary   of   the   controller,    twenty-five   hundred  Controller  of 

•^  '  ^  county 

dollars.  accounts. 

For   the   salary   of   the   first   deputy,   eighteen   hundred  First  deputy, 
dollars. 

P'or  the   salary   of  the   second   deputy,   fifteen   hundred  fg^y"*^ 
dollars. 

For  the  salary  of  the  third  deputy,  twelve  hundred  dol-  Third  deputy. 
lars. 

For  travelling  and  office  expenses  of  the  controller  and  Expenses, 
of  his  deputies,  including  the  printing  and  binding  of  the 
annual  report,  a  sum  not  exceeding  eighteen  hundred  dol- 
lars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  11,  1911. 

An    Act    making    appropriations    for    salaries    and  /^/,^^,    on 
expenses    in    the    department    of    the    treasurer         ^  * 

AND    receiver    GENERAL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropr 


la- 
ns. 


priated,  to  be  paid  out  of  the  treasury  of  the  common-  *'" 
wealth  from  the  ordinary  revenue,  for  the  department  of 
the  treasurer  and  receiver  general,  for  the  fiscal  year  end- 
ing on  the  thirtieth  day  of  November,  nineteen  hundred 
and  eleven,  to  wit:  — 

For  the  salary  of  the  treasurer  and  receiver  general,  five  Treasurer 
thousand  dollars.  generic''''''' 

For   the   salary   of   the   first   clerk,    twenty-six   hundred  First  cierk. 
dollars. 

For  the  salary  of  the  second  clerk,  twenty-one  hundred  second  clerk, 
dollars. 


20 


Acts,  1911.— Chap.  27. 


Third  clerk. 


Receiving 

teller. 

Paying  teller. 


Assistant 
paying  teller. 

Cashier. 


Assistant 
bookkeeper. 

Fund  clerk. 


Additional 
clerk,  etc. 

Record  clerk. 


Stenographer. 


Messenger. 

Clerical 
assistance. 


Expenses. 


Additional 
expenses. 


For  the  salary  of  tlie  third  clerk,  eighteen  hundred  dol- 
lars. 

For  the  salary  of  the  receiving  teller,  eighteen  hundred 
dollars. 

For  the  salary  of  the  i)aying  teller,  eighteen  hundred 
dollars. 

For  the  salary  of  the  assistant  paying  teller,  twehe  hun- 
dred dollars. 

For  the  salary  of  the  cashier,  twenty-two  hundred  dol- 
lars. 

For  the  salary  of  the  assistant  bookkeeper,  fifteen  hun- 
dred  dollars. 

For  the  salary  of  the  fund  clerk,  fifteen  hundred  dol- 
lars. 

For  the  salary  of  an  additional  clerk  and  bank  messenger, 
fifteen  hundnMl  dollars. 

For  the  salary  of  the  record  clerk,  one  thousand  dol- 
lars. 

For  the  salary  of  the  stenographer,  nine  hundred  dol- 
lars. 

For  the  salary  of  the  messenger,  one  thousand  dollars. 

For  such  additional  clerical  assistance  as  may  be  neces- 
sary for  the  despatch  of  public  business,  a  sum  not  exceed- 
ing thirty-five  hundred   dollars. 

For  incidental  and  contingent  expenses,  a  sum  not  exceed- 
ing five  thousand  dollars. 

For  such  expenses  as  the  treasurer  and  receiver  gen- 
eral may  find  necessary  in  carrying  out  the  provisions  of 
the  act  imposing  a  tax  on  collateral  legacies  and  succes- 
sions, a  sum  not  exceeding  six  thousand  dollars. 

Section  2.     This  act  shall  take  effect  uj)oii  its  passage. 

Approved  February  11,  1911. 


Chap.  27  An  Act  relative  to  the  issuing  of  water  bonds  by 

THE  TOWN   OF  WEST   BRIDGEWATER. 

Be  it  enacted,  etc.,  as  follows: 

Section  five  of  chapter  one  hundred  and  thirty-eight  of 

the  acts  of  the  year  nineteen  hundred  and  ten  is  hereby 

amended  by  striking  out  the  word  "twenty",  in  the  fourth 

line,  and  inserting  in  place  thereof  the  word :  —  forty,  — 

Town  of  so  as  to  read  as  follows:  —  Section  5.     Said  town,  for  the 

wiuer  Water     purposc   of   payjug   the   necessary   expenses   and    liabilities 

^f'loio*''         incurred  under  the  provisions  of  this  act,  may  issue  from 


1910,  138, 

§  r,, 

amended. 


Acts,  1911.  — Chaps.  28,  29.  21 

time  to  time  bonds,  notes  or  scrip  to  an  amount  not  ex- 
ceeding forty  thousand  dollars.  Such  bonds,  notes  or  scrip 
shall  bear  on  their  face  the  words,  Town  of  West  Bridge- 
water  Water  Loan,  Act  of  1910;  shall  be  payable  at  the 
expiration  of  periods  not  exceeding  thirty  years  from  the 
dates  of  issue;  shall  bear  interest  payable  semi-annually  at 
a  rate  not  exceeding  five  per  cent  per  annum;  and  shall 
be  signed  by  the  treasurer  of  the  town  and  countersigned 
by  the  water  commissioners  hereinafter  provided  for.  The 
town  may  sell  such  securities  at  public  or  private  sale,  or 
pledge  the  same  for  money  borrowed  for  the  purposes  of 
this  act,  upon  such  terms  and  conditions  as  it  may  deem 
proper:  provided,  that  the  securities  shall  not  be  sold  for  Proviso, 
less  than  the  par  value  thereof. 

Approved  February  11,  1911. 

An  Act  to  authorize  the  town  of  natick  to  appro-  (j],(ij)    28 

PRIATE      money      for      REMOVING      OBSTRUCTIONS      FROM 
CHARLES     RIVER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  town  of  Natick  may  appropriate  a  sum  Removal  of 
of  money  not  exceeding  one  thousand  dollars  for  the  pur-  ?rom  char?ls 
pose  of  removing  obstructions  from   Charles  river  within  '''^'*'''- 
the  limits  of  said  town. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  11,  1911. 

An  Act  making  appropriations  for  salaries  and  expenses  (JJian    29 

IN   THE    DEPARTMENT    OF    THE    AUDITOR    OF   THE    COMMON- 
WEALTH. 

Be  it  enacted,  etc.,  as  follows: 
Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 


tions. 


priated,  to  be  paid  out  of  the  treasury  of  the  common- 
wealth from  the  ordinary  revenue,  for  the  auditor's 
department,  for  the  fiscal  year  ending  on  the  thirtieth  day 
of  November,  nineteen  hundred  and  eleven,  to  wit:  — 

For  the  salary  of  the  auditor,  five  thousand  dollars.       Auditor. 

For  the  salary  of  the  deputy  auditor,   thirtj^-five  hun-  Deputy. 
dred  dollars. 

For  the  salarv  of  the  supervisor  of  accounts,  twenty-five  Supervisor 
hundred  dollars.  of  accounts. 


22 


Acts,  1911.— Chaps.  30,  31. 


First  clerk. 


Second  clerk. 


Additional 
clerks,  etc. 

Messenger. 

Printing 
expert. 

Expenses. 


For  the  salary  of  the  first  clerk,  twenty-five  hundred 
dollars. 

For  the  salary  of  the  second  clerk,  twenty-two  hundred 
dollars. 

For  additional  clerks,  examiners  and  stenographers,  a  sum 
not  exceeding  fourteen  thousand  dollars. 

For  the  salary  of  the  messenger,  nine  hundred  dollars. 

For  the  salary  of  the  state  printing  expert,  a  sum  not 
exceeding  fifteen  hundred  dollars. 

For  incidental  and  contingent  expenses,  a  sum  not  exceed- 
ing twenty-five  hundred  dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  IS,  1911. 


Chap.  30  An  Act  to  prohibit  the  sale  or  delivery  to  hospital 

PATIENTS  OF  INTOXICATING  LIQUORS  AND  NARCOTIC  DRUGS 
EXCEPT   BY  DIRECTION   OF  A   PHYSICIAN. 

Be  it  enacted,  etc.,  as  follows: 

Whoever,  except  under  the  direction  of  a  physician,  gives, 
sells  or  delivers  spirituous  or  intoxicating  liquor  or  a  nar- 
cotic drug  to  a  patient  in  any  hospital  who  is  sufl'ering  from 
inebriety  or  from  the  effect  of  inebriety,  or  from  excessive 
use  of  narcotic  drugs  or  from  the  effect  of  the  excessive  use 
of  narcotic  drugs,  and  whoever  has  in  his  possession  within 
the  precincts  of  any  hospital  any  such  liquor  or  drug  with 
intent  to  convey  or  deliver  it  to  any  such  patient,  except 
under  direction  as  aforesaid,  shall  be  punished  by  a  fine  of 
not  more  than  fifty  dollars  or  by  imprisonment  of  not  more 
than  two  months.  Approved  February  15,  1911. 


Sale  or 
delivery  of 
liquor,  etc., 
to  patients 
in  certain 
hospitals  for- 
bidden, etc. 


Chap.  31  An  Act  relative  to  the  recovery  of  damages  for  con- 
scious SUFFERING  RESULTING  IN  DEATH. 


Recovery  of 
damages  in 
certain  cases 
of  injuries 
received,  etc. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  any  action  brought  under  the  provisions 
of  section  two  of  chapter  one  hundred  and  seventy-one  of 
the  Revised  Laws,  as  amended  by  section  one  of  chapter 
three  hundred  and  seventy-five  of  the  acts  of  the  year 
nineteen  hundred  and  seven,  damages  may  be  recoNcred, 
under  a  separate  count  at  common  law,  for  conscious  suffer- 
ing resulting  from  the  same  injury;  but  any  sum  so  recovered 


Acts,  1911.  — Chaps.  32,  33.  23 

shall  be  held  and  disposed  of  by  the  executor  or  adminis- 
trator as  assets  of  the  estate  of  the  deceased. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  15,  1911. 

An  Act  making  appropriations  for  the  compensation  QJiap,  32 

AND    EXPENSES    OF   THE    CIVIL    SERVICE    COMMISSIONERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  treasury  of  the  common-  ^"'"^" 
wealth  from  the  ordinary  revenue,  for  the  civil  service  com- 
missioners, for  the  fiscal  year  ending  on  the  thirtieth  day 
of  November,   nineteen  hundred  and  eleven,   to  wit:  — 

For  the  salaries  of  the  commissioners,  sixty-five  hundred  co^lJif"^'"^ 

dollars.  sloneis. 

For  the   salary   of  the   chief  examiner,   three   thousand  examiner. 
dollars. 

For  the  salary  of  the  deputy  examiner,  a  sum  not  exceed-  ^^Tminer 
ing  twenty-five  hundred  dollars. 

For  the  salary  of  the  secretary,  three  thousand  dollars.  Secretary. 

For  the  salary  of  the  physical  inspector,  a  sum  not  exceed-  Physical 
ing  twenty-five  hundred  dollars.  '"^^'^'^  °^' 

For  the  salary  of  the  registrar  of  labor,  two  thousand  Registrar  of 
dollars. 

For  clerical  assistance  and  for  office,  printing,  travelling  clerical  as- 
and  incidental  expenses,  advertising  and  stationery,  includ-  ^'^*''*"<^'''  *'*"• 
ing  the  printing  and  binding  of  the  annual  report,  a  sum 
not  exceeding  thirty-one  thousand  nine  hundred  dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  15,  1911. 

An  Act  making  appropriations  for  salaries  and  expenses  (JJiav.  33 
in  the  department  of  the  secretary  of  the  common- 
wealth. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  treasury  of  the  common-  *'*"'^" 
wealth  from  the  ordinary  revenue,  for  the  department  of 
the  secretary  of  the  commonwealth,  for  the  fiscal  year  end- 
ing on  the  thirtieth  day  of  November,  nineteen  hundred 
and  eleven,  to  wit :  — 


24 


Acts,  1911.  — Chap.  33. 


Secretary. 


First  deputy. 


Second 
deputy. 

Corporation 
clerk. 

Chief  of 
archives. 


Engrossing 
clerk. 


Cashier. 


Clerical  as- 
sistance, etc. 

Expenses. 


Preservation 
of  records, 
etc. 

Postage,  etc. 


Ballot  boxes, 
etc. 


Counting 
apparatus. 


Regimental 
histories. 


Tovs'n  records 
of  births,  etc. 


For  the  salary  of  the  secretary  of  the  commonwealth,  five 
thousand  dollars. 

P'or  the  salary  of  the  first  deputy,  twenty-five  hundred 
dollars. 

For  the  salary  of  Herbert  H.  Boynton,  deputy,  three 
thousand  dollars. 

For  the  salary  of  the  present  corporation  clerk,  two  thou- 
sand dollars. 

For  the  salary  of  the  chief  of  the  archives  division,  two 
thousand  dollars. 

P'or  the  salary  of  the  present  engrossing  clerk,  sixteen 
hundred  dollars. 

For  the  salary  of  the  cashier,  a  sum  not  exceeding  twelve 
hiuidred  dollars. 

For  messengers  and  additional  clerical  assistance,  a  sum 
not  exceeding  twenty-four  thousand  dollars. 

For  incidental  and  contingent  expenses,  a  sum  not  exceed- 
ing forty-five  hundred  dollars. 

For  the  arrangement  and  preservation  of  state  records 
and  papers,  a  sum  not  exceeding  two  thousand  dollars. 

For  postage  and  expressage  on  documents,  and  for  print- 
ing and  mailing  copies  of  bills  and  resolves  to  certain  state, 
city  and  town  officials,  a  sum  not  exceeding  fifty-five  hun- 
dred dollars. 

For  furnishing  cities  and  towns  with  ballot  boxes  and  for 
repairs  to  the  same,  a  sum  not  exceeding  one  thousand 
dollars. 

P^or  the  purchase  of  apparatus  to  be  used  at  polling  places 
in  the  canvass  and  count  of  votes,  a  sum  not  exceeding 
two  hundred  and  fifty  dollars. 

For  the  purchase  of  histories  of  regiments,  batteries  and 
other  military  organizations  of  the  Massachusetts  volun- 
teers who  served  in  the  civil  war,  a  sum  not  exceeding  two 
thousand  dollars. 

For  the  preservation  of  town  records  of  l)irths,  marriages 
and  deaths  previous  to  the  year  eighteen  hundred  and  fifty, 
a  sum  not  exceeding  fifteen  thousand  dollars. 

Section  2.     This  act  shall  take  efi'ect  ui)on  its  passage. 

Approved  February  Id,  1911. 


Acts,  1911.  — Chaps.  34,  35.  25 


An  Act  making  appropriations  for  the  salaries  and  (JJid^^  34 

EXPENSES    OF    THE    STATE    BOARD    OF    CONCILIATION    AND 
ARBITRATION. 

Be  it  enacted,  etc.,  as  foUoics: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  treasury  of  the  common-  ofconciiia- 
wealth  from  the  ordinary  revenue,  for  the  salaries  and  ex-   '°"'  ^^''' 
penses  of  the  state  board  of  concihation  and  arbitration, 
for  the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eleven,  to  wit :  — 

For  the  salaries  of  the  members,   seventy-five  hundred  members"^ 
dollars. 

For  the  salary  of  the  secretary,  fifteen  hundred  dollars.  Secretary. 

For  travelling,  incidental  and  contingent  expenses,  includ-  Expenses. 
ing  the  printing  and  binding  of  the  annual  report  and  the 
compensation   of   expert   assistants,   a   sum   not   exceeding 
fifteen   thousand   dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  15,  1911. 

An  Act  relative  to  probation  officers.  Chap.  35 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  forty-eight  of  chapter  twenty-one  of  ^^<fej  ^ '^^' 
the   Revised   Laws  is   hereby  amended   by  inserting  after 
the  word  "schools",  in  the  eighth  line,  the  words:  —  and 
also  probation  officers,  —  so  as  to  read  as  follows :  —  Section  visitations 
48.     He  or  his  deputy  shall  also  visit,  at  least  once  a  year  Tions'^by'the'* 
without  previous  notice,  all  other  county  officers  who  re-  eo",n'iy"'^'' °^ 
ceive   money   payable   by   them   to   the   county   treasurer,  accounts,  etc 
clerks  of  the  supreme  judicial  court  and  the  superior  court 
in  the   county   of   Suftolk,   the   recorder   and   all   assistant 
recorders  of  the  court  of  land  registration,  registers  of  pro- 
bate and  insolvency,  registers  of  deeds,  trial  justices  and 
clerks  of  police,  district  and  municipal  courts,  and  justices 
of  such  courts  having  no  clerk,   and  truant  schools,   and 
also  probation  officers,  and  shall  make  an  examination  of 
their  accounts  and  vouchers  and  the  items  of  receipts  and 
expenditures.     He    shall    ascertain    the    actual    amount    of 
money  on  hand  in  each  of  said  departments  or  with  any 
of  said  officers.     He  shall  require,  so  far  as  possible,  uni- 
formity  and   correctness   in   the   method    of   keeping   said 


26  Acts,  1911.  —  Ciiai>.  36. 

accounts,  and  may  prescribe  the  classification  of  receipts 
and  expenditures  and  a  uniform  system  of  receipts,  certif- 
icates, vouchers  and  exhibits.  Said  officers  and  persons 
shall  afford  to  the  controller  and  his  deputies  such  assistance 
as  he  may  require  in  making  such  examination  and  shall 
make  returns  and  exhibits  under  oath  in  such  form  and  at 
such  times  as  he  shall  prescribe.  They  shall  also  keep  an 
accurate  account  of  all  money  charged  or  received  by  them 
in  their  official  capacities,  and  also  of  all  expenditures  made 
or  liabilities  incurred  by  them  on  account  of  the  same, 
and  shall  annually,  on  or  before  the  fifteenth  day  of  Janu- 
ary, make  a  return  under  oath  to  said  controller  of  such 
receipts  and  expenditures  for  the  preceding  year. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  15,  1911. 

Clicqy.  36  An  Act  relative  to  registers  of  probate  and  insol- 
vency AND   registers  OF  DEEDS. 

Be  it  enacted,  etc.,  as  follows: 

^I^dld  ^  ""'  Section  1.  Section  twenty-two  of  chapter  twenty-one 
of  the  Revised  Laws  is  hereby  amended  by  inserting  after 
the  word  "correction",  in  the  third  line,  the  words:  — 
registers  of  probate  and  insolvency  and  registers  of  deeds, 
—  and  by  adding  at  the  end  thereof  the  words:  —  except 
in  the  case  of  registers  of  probate  and  insolvency,  in  which 
case  the  interest  shall  be  paid  to  the  commonwealth,  —  so 
Surplus  cash  as  to  read  as  follows:  —  Section  22.  County  treasurers, 
positedtetc.  clcrks  of  the  courts,  clerks  of  police,  district  and  municipal 
courts,  justices  of  courts  having  no  clerk,  sheriff's  and  mas- 
ters of  jails  and  houses  of  correction,  registers  of  probate 
and  insolvency  and  registers  of  deeds,  having  more  money 
in  their  hands  than  is  required  for  immediate  use,  shall 
deposit  it,  in  their  official  names,  in  national  banks  or  trust 
companies  in  this  commonwealth  at  the  best  practicable 
rates  of  interest,  which  interest  shall  be  paid  into  the  county 
treasury,  except  in  the  case  of  registers  of  probate  and 
insolvency,  in  which  case  the  interest  shall  be  i)aid  to  the 
commonwealth. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  15,  1011. 


Acts,  1911.  — Chaps.  37,  38.  27 


An  Act  relative  to  motor  vehicles  and  to  the  opera-  ni^nrry    37 

TION  thereof.  ^  * 

Be  it  enacted,  etc.,  as  follows: 

Section  twelve  of  chapter  five  hundred  and  thirty-four  1909, 534, 
of  the  acts  of  the  year  nineteen  hundred  and  nine  is  hereby  fmeAded. 
amended  by  adding  at  the  end  thereof  the  following:  — 
No  person  shall  allow  a  motor  vehicle  owned  by  him  or  under 
his  control  to  be  operated  by  any  person  who  has  no  legal 
right  to  do  so,  or  in  violation  of  the  provisions  of  this  act, 
—  so  as  to  read  as  follows: — Section  12.     No  person  shall  Chauffeur  to 

lip  ll(*6tlSGd 

employ  for  hire  as  a  chauffeur  or  operator  of  a  motor  vehicle  etc. 
any  person  not  specially  licensed  as  aforesaid.     No  person 
shall  allow  a  motor  vehicle  owned  by  him  or  under  his 
control  to  be  operated   by  any  person  who  has  no  legal 
right  to  do  so,  or  in  violation  of  the  provisions  of  this  act. 

AiJproved  February  15,  1911. 


An  Act  to  authorize  the  Massachusetts  highway  com-  (JJi^ffj    33 

MISSION  TO   DESTROY   CERTAIN  WORTHLESS   PAPERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  Massachusetts  highway  commission  is  certain 
hereby  authorized  to  destroy,  from  time  to  time,  in  its  dis-  Ja^JersTo^be 
cretion,  applications  for  licenses  to  operate  motor  vehicles  destroyed. 
and  for  the  registration  thereof  and  copies  of  the  licenses 
to  operate  and  certificates  of  registration  of  motor  vehicles 
issued  by  it,  excepting  those  of  the  current  year  and  the 
year  next  preceding.     It  may  destroy,  or  cause  to  be  dis- 
posed of,  any  obsolete  number  plates  and  forms  which  it 
may  have  in  connection   with  its  automobile  department 
and  which,  in  the  opinion  of  said  commission,  are  no  longer 
of  any  value  to  the  commonwealth.     It  may  also,  in  its 
discretion,  destroy  or  cause  to  be  destroyed,  examination 
papers  or  the  answers  given  by  the  applicants  for  licenses 
when  the  same  have  become  of  no  value  or  when  the  licenses 
applied  for  have  been  granted. 

Section  2.     All  acts  and  parts  of  acts  inconsistent  here-  Repeal. 
with  are  hereby  repealed.        Approved  February  15,  1911. 


28 


Acts,  1911.  — Chaps.  39,  40. 


Chap.  39  An  Act  relative  to  the  protection  of  wood  or  summer 

DUCK. 


1906,  274, 

§  1, 

amended. 


Protection  of 
certain  birds. 


Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  two  hundred  and  seventy-four  of 
the  acts  of  the  year  nineteen  hundred  and  six  is  hereby 
amended  by  striking  out  the  word  "eleven",  in  the  second 
line,  and  inserting  in  place  thereof  the  word:  —  sixteen, — 
so  as  to  read  as  follows:  —  Section  1.  It  shall  be  unlawful, 
prior  to  the  first  day  of  September  in  the  year  nineteen 
hundred  and  sixteen,  to  hunt,  capture,  wound  or  kill  a 
wood  or  summer  duck.  Approved  February  15,  1911. 


Chap.  40  An  Act  to  authorize  the  city  of  brockton  to  make  an 

ADDITIONAL  WATER   LOAN. 


Brockton 
Water  Loan, 
1911. 


Provisos. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Brockton,  for  the  purposes 
named  in  chapter  one  hundred  and  twenty-four  of  the  acts 
of  the  year  eighteen  hundred  and  seventy-eight,  and  also 
for  the  purpose  of  constructing  such  storage  reservoir  or 
reservoirs  for  its  water  department,  as  it  shall  deem  neces- 
sary within  its  limits  or  in  the  adjoining  town  of  Avon, 
may  issue  from  time  to  time  bonds,  notes  or  scrip  to  an 
amount  not  exceeding  two  hundred  thousand  dollars  in 
addition  to  the  amounts  heretofore  authorized  b}'  law  to 
be  issued  by  said  city  for  water  works  purposes;  and  the 
same  shall  not  be  reckoned  in  determining  the  statutory 
limit  of  indebtedness  of  the  city.  Such  bonds,  notes  or  scrip 
shall  bear  on  their  face  the  words,  lirockton  Water  Loan, 
1911,  shall  be  payable  at  the  expiration  of  periods  not 
exceeding  thirty  years  from  their  dates  of  issue;  shall  bear 
interest  payable  semi-amuially  at  a  rate  not  exceeding  four 
and  one  half  per  cent  per  amnnn,  and  shall  be  signed  by 
the  treasurer  of  the  city  and  countersigned  by  the  mayor. 
The  city  may  sell  such  securities  at  public  or  private  sale, 
or  pledge  the  same  for  money  borrowed  for  the  pin-poses 
of  this  act  upon  such  terms  and  conditions  as  it  may  deem 
])roj)er:  provided,  that  such  securities  shall  not  be  sold  for 
less  than  their  ])ar  value;  and  provided,  fiirthrr,  that  no  ]iart 
of  the  ])rocee(ls  of  the  sale  of  said  bonds,  notes  or  scrip  shall 
be  used  in  payment  of  running  expenses. 


Acts,  1911.  — Chap.  41.  29 

Section  2.  The  city  shall  at  the  time  of  authorizing  said  ^an'"^'^*°* 
loan  provide  for  the  payment  thereof  in  such  annual  pro- 
portionate payments,  beginning  not  more  than  five  years 
after  the  first  issue  of  any  of  such  bonds,  notes  or  scrip, 
as  will  extinguish  the  same  within  the  time  prescribed  by 
this  act;  and  when  a  vote  to  that  effect  has  been  passed, 
a  sura  which  with  the  income  derived  from  water  rates  will 
be  sufficient  to  pay  the  annual  expense  of  operating  its  water 
works  and  the  interest  as  it  accrues  on  the  bonds,  notes  or 
scrip  issued  as  aforesaid  by  said  city,  and  to  make  such 
payments  on  the  principal  as  may  be  required  under  the 
provisions  of  this  act  shall,  without  further  vote,  be  assessed 
by  the  assessors  of  the  city  annually  thereafter,  in  the  same 
manner  in  which  other  taxes  are  assessed  under  the  provi- 
sions of  section  thirty-seven  of  chapter  twelve  of  the  Re- 
vised Laws,  until  the  debt  incurred  by  said  loan  is  extin- 
guished. 

Section  3.     This  act  shall  take  effect  upon  its  accept- 
ance by  the  city  council  of  said  city. 

Ajjproved  February  15,  1011. 

An  Act  to  authorize  the  city  of  brockton  to  construct  QJ^qj)    4^ 
A  storage  reservoir  for  its  water  department  within 

its    limits    or    in   the    adjoining   town    of   AVON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  city  of  Brockton,   for  the  purpose  of  Broc*kton^ 
improving  its  water  supply  system  by  the  construction  of  may  construct 

•  ■  I  •■•£1  storaygG 

a  storage  reservoir  or  reservoirs,  may  take,  or   acquire   by  reservoir. 
purchase  or  otherwise,  and  hold  all  lands,  rights  of  way  and 
easements  necessary  for  the  purpose,  situated  in  the  city 
of  Brockton  or  in  the  adjoining  town  of  Avon. 

Section  2.     Said  city  may  erect  on  the  land  thus  acquired  ^her^sfr*;*p. 
reservoirs,  filter  basins,  buildings,  fixtures  and  other  struc-  tures  for  the 
tures,  and  may  establish  all  necessary  conduits,  pipes  and  water,  etc. 
other  suitable  structures  for  delivering  water  to  said  city, 
and  may  construct  and  lay  down  aqueducts,  conduits,  pipes 
and  other  works  in,  under,  through  or  over  any  lands,  water 
courses  or  public  or  private  ways,  within  the  limits  of  said 
city,  or  from  said  city  within  the  limits  of  said  town  to  its 
storage  reservoir.     For  the  purpose  of  constructing,  main- 
taining and  repairing  such  conduits,  pipes  and  other  works 
should  the  said  storage  reservoir  be  located  in  said  town, 
said  city  may  dig  up  any  lands,  and,  under  the  direction 


30 


Acts,  1911.  — Chap.  42. 


Description 
of  land,  etc., 
taken  to  be 
recorded. 


Damages. 


Penalty  for 
destruction 
of  property, 
etc. 


of  the  board  of  selectmen  of  the  said  town,  may  enter  upon 
and  dig  up  any  such  ways  in  such  manner  as  to  cause  the 
least  hindrance  to  public  travel  thereon,  and  shall  restore 
and  keep  in  repair  such  ways  when  they  have  been  dug 
up,  to  the  satisfaction  of  the  selectmen  of  the  said  town. 

Section  3.  Said  city  shall,  within  sixty  days  after  the 
taking  of  any  lands,  rights  of  way  or  easements  under  this 
act,  file  and  cause  to  be  recorded  in  the  registry  of  deeds 
for  the  county  within  which  the  same  are  situated  a  descrip- 
tion thereof  sufficiently  accurate  for  identification,  with  a 
statement  of  the  purpose  for  which  the  same  were  taken, 
signed  by  the  water  commissioners  of  the  city. 

Section  4.  Said  city  shall  pay  all  damages  sustained  by 
any  person,  corporation  or  town,  by  the  taking  of  any  land, 
right  of  way  or  easement,  or  by  any  other  thing  done  by 
the  city  under  the  authority  of  this  act.  Any  person,  cor- 
poration or  town  sustaining  damages  as  aforesaid,  and  fail- 
ing to  agree  with  said  city  as  to  the  amount  thereof,  may 
have  them  determined  in  the  manner  provided  by  law  when 
land  is  taken  for  laying  out  highways,  on  application  at  any 
time  within  two  years  after  the  taking  of  any  such  land  or 
other  property,  or  after  the  doing  of  any  other  injury  under 
authority  of  this  act;  but  no  such  application  shall  be 
entertained  after  the  expiration  of  two  years  from  such 
taking. 

Section  5.  If  any  person  shall  destroy  or  injure  any 
dam,  reservoir,  aqueduct,  pipe,  conduit,  hydrant,  machin- 
ery or  other  property  held,  owned  or  used  by  said  city  under 
the  authority  of  this  act,  he  shall  forfeit  and  pay  to  the  city 
three  times  the  amount  of  damages  assessed  therefor,  to  be 
recovered  in  an  action  of  tort;  and,  on  conviction  of  any  of 
the  wanton  or  malicious  acts  aforesaid,  may  be  punished 
by  a  fine  not  exceeding  three  hundred  dollars  or  bj'  imprison- 
ment in  a  jail  or  house  of  correction  for  a  term  not  exceed- 
ing one  year. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  15,  1911. 


Chap.  42  An  Act  to  authorize  the  town  of  Cheshire  to  refund 

CERTAIN   NOTES. 

Be  it  enacted,  etc.,  as  follows: 

cheshiT""*         Section  1.     For  the  purpose  of  paying  certain  outstand- 
may  refund       jjjg  notes  amountiug  to  eleven  thousand  two  hundred  and 

certain  notes.  o  o 


Acts,  1911.  — Chat.  43.  31 

forty  dollars,  the  town  of  Cheshire  is  hereby  authorized  to 
borrow  the  said  sum  and  to  issue  notes  therefor.  One  of 
the  said  notes  shall  be  payable  in  each  j'ear  after  the  said 
loan  is  made,  and  the  amount  of  the  first  nine  notes  so  issued 
shall  be  eleyen  hundred  dollars  each,  and  the  amount  of 
the  tenth  note  shall  be  thirteen  hundred  and  forty  dollars. 
The  said  notes  shall  be  signed  by  the  treasurer  and  counter- 
signed by  the  selectmen  of  the  town,  and  shall  bear  inter- 
est at  a  rate  not  exceeding  four  and  one  half  per  cent  per 
annum.  The  money  required  to  pay  the  interest  on  said 
notes  in  each  year  and  that  part  of  the  principal  which 
becomes  due  in  that  year  shall  be  raised  by  taxation  in  the 
manner  in  which  the  other  expenses  of  the  town  are  pro- 
vided for. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  15,  1911. 

An  Act  relative  to  the  annual  preparation  and  print-  (JJku^    43 
ing  of  a  list  of  state  officials  and  their  employees 
with  their  salaries  or  compensation. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section   one   of   chapter   two   hundred   and  i^jio- 268, 
sixty-eight  of  the  acts  of  the  year  nineteen  hundred  and  amended, 
ten  is   hereby  amended  by  striking  out  the  words   "the 
complete  data  and  facts  called  for  by  this  act",  in  the  last 
line,   and  inserting  in  place  thereof  the  words :  —  a  sum- 
mary by  departments,  commissions,  bureaus  and  boards  of 
the  total  number  of  officials  and  employees  employed  in 
or  by  every  such  department,  commission,  bureau  and  board 
and  the  total  amount  paid  for  services  by  every  such  depart- 
ment, commission,  bureau  and  board  from  the  treasury  of 
the  commonwealth,  and,  respectively,  the  whole  number  of 
such  officials  and  employees,  and  the  whole  amount  paid 
for  services  in  a  grand  total;    and  a  summary  by  every 
such  department,   commission,   bureau   and   board   of  the 
total  number  of  such  officials  and  employees  and  the  total 
amount  paid  for  services  for  the  year  nineteen  hundred  and 
ten,  and  for  each  and  every  year  thereafter,  —  so  as  to 
read  as  follows:  —  Section  1.     Every  department,  commis-  Lists  of 
sion,  bureau  or  board  of  the  commonwealth,  shall,  on  or  employees'!^ 
before  the  fifteenth  day  of  July  in  the  year  nineteen  hun-  ^*'^- 
dred  and  ten,  and  on  or  before  the  fifteenth  day  of  July 
in  every  year  thereafter,  prepare  and  furnish  to  the  governor 


32  Acts,  1911.  — Chap.  41. 

and  council  lists  of  all  the  officials  and  employees  of  the  com- 
monwealth employed  in  or  by  such  department,  commis- 
sion, bureau  or  board  on  the  first  day  of  July  preceding,  for 
whose  services  money  has  been  paid  from  the  treasury  of 
Arrangement    the  commonwcaltli.     Thc  said  lists  shall  be  arranged  by 

of  lists,  etc.  ,...  p,i  11  J  .  ••  1 

divisions  oi  the  several  departments,  commissions,  bureaus 
or  boards,  when  such  divisions  exist,  and  shall  give  the  name, 
residence,  designation,  rate  of  compensation  and  the  date 
of  election  or  appointment  of  every  such  official  and  em- 
ployee, and  any  increase  in  the  rate  of  salary  or  compen- 
sation for  the  year  preceding;  and  also  the  aggregate  amount 
of  all  money  paid  for  services  or  salaries  to  any  official  or 
employee,  not  otherwise  shown  upon  the  list,  for  the  year 
beginning  with  the  first  day  of  July  in  the  year  preceding 
that  in  which  the  list  is  prepared.  It  shall  be  the  duty  of 
the  auditor  of  the  commonwealth  to  verify  the  said  lists, 
the  compensation  and  the  said  aggregate  amounts  from  the 
Lists  to  be  pay  roll.  The  said  lists  and  aggregate  amounts  shall  be 
printed,  etc.  printed  at  the  expense  of  the  commonwealth  as  a  document 
of  the  commonwealth,  before  the  first  day  of  October  in 
the  year  in  which  they  are  furnished,  and  the  said  docu- 
ment shall  contain  a  summary  by  departments,  commis- 
sions, bureaus  and  boards  of  the  total  number  of  officials 
and  employees  employed  in  or  by  every  such  department, 
commission,  bureau  and  board  aiul  the  total  amount  paid 
for  services  by  every  such  department,  commission,  bureau 
and  board  from  the  treasury  of  the  commonwealth,  and, 
respectively,  the  whole  number  of  such  officials  and  em- 
ployees, and  the  whole  amount  paid  for  services  in  a  grand 
total;  and  a  summary  by  every  such  department,  commis- 
sion, bureau  and  board  of  the  total  number  of  such  officials 
and  employees  and  the  total  amount  paid  for  ser\ices  for 
the  year  nineteen  hundred  and  ten,  and  for  each  and  every 
year  thereafter. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  16,  1911. 

Chap.  41  An  Act  to  incorporate  the  north  iianover  firemen's 

ASSOCIATION. 

Be  it  enacted,  etc.,  as  follows: 

Ha'novJr''  Section  1.     Edward    T..    Young.    John    F.    Brooks    and 

Firemen;s         David   II.   Stoddanl,   all   of   Hanover,   their  nsscx-iatcs  and 
incorpoiated.     succcssors,  are  hereby  made  a  corporation  by  the  name  of 


Acts,  1911.  — Chap.  44.  33 


the  North  Hanover  Firemen's  Association,  for  the  purpose 
of  maintaining  an  organization  and  equipment  for  the  ex- 
tinguishment of  fires  in  the  town  of  Hanover,  and  par- 
ticularly in  that  part  of  said  town  known  as  North  Hanover, 
and  shall  have  and  exercise  all  the  powers  and  privileges 
and  be  subject  to  all  the  duties,  restrictions  and  liabilities 
contained  in  all  general  laws  now  or  hereafter  in  force  relat- 
ing to  such  corporations,  except  as  is  hereinafter  otherwise 
provided. 

Section  2.  The  corporation  shall  consist  of  the  afore-  Membership. 
said  incorporators  and  of  such  other  persons  as  may  at 
any  legal  meeting  of  the  incorporators  be  elected  members 
thereof,  and  the  members  of  the  existing  unincorporated 
association  of  the  same  name  shall  be  eligible  to  become 
members  of  said  corporation. 

Section  3.  As  soon  as  is  practicable  after  the  organ-  Transfer  of 
ization  of  said  corporation  by  the  choice  of  officers  and  the  property. 
adoption  of  by-laws,  said  unincorporated  association  shall, 
without  payment  therefor,  convey  to  the  corporation  all 
the  real  and  personal  property  now  owned  by  said  unin- 
corporated association,  to  be  held  by  the  corporation  for 
the  purposes  aforesaid. 

Section  4.     Said  corporation  shall  also  have  authority  May  acquire 

.  .,1  11  ixj^l  J.J'  certain  other 

to  acquire  other  real  and  personal  estate  by  grant,  devise,  property,  etc 
bequest,  gift  or  subscription  to  an  amount  not  exceeding 
in  the  whole  ten  thousand  dollars,  and  to  hold,  use  and 
expend  the  same  for  the  purposes  of  the  corporation  as 
hereinbefore  set  forth;  and  the  property  so  held  by  it  shall 
be  exempt  from  taxation. 

Section  5.     Said  corporation  shall  have  full  power  to  May  elect 
elect  or  appoint  such  officers  as  from  time  to  time  it  may  adopt  by-""^ 
deem  necessary  or  expedient;    to  adopt  by-laws;    to  estab-  laws,  etc. 
lish  any  needful  regulations;    and  generally  to  do  all  acts 
and  things  necessary  or  expedient  to  be  done  to  carry  out 
the  purposes  of  the  corporation. 

Section  6.    The  first  meeting  of  said  incorporators  for  Caiiingof 
the  purpose  of  organization,  adoption  of  by-laws,  election    ^^  ™^^  '°^' 
of  members  and  officers,  and  for  any  other  lawful  purpose 
may  be  called  by  any  one  of  the  incorporators. 

Section  7.     In  case  said  corporation  shall  cease  to  main-  property 
tain  an  organization  for  the  extinguishment  of  fires,  or  shall  "yedto'^the 
for  any  consecutive  period  of  six  months  fail  to  maintain  nrnover. 
such  an  organization,  then,  upon  request  of  the  selectmen 
of  the  town  of  Hanover  it  shall,  without  payment  there- 


34  Acts,  1911.  — Chaps.  45,  46. 

for,  convey  and  deliver  to  the  town  of  Hanover  all  the  real 
and  personal  property  then  owned  by  said  corporation. 
Section  S.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  17,  1911. 

Chajj.  45  An  Act  to  incorporate  the  knights  of  sherwood  for- 
est OF  MASSACHUSETTS. 

Be  it  enacted,  etc.,  as  follows: 

sherwoo?  Section  1.     Anthony  James  Connolly,   Harry  F.   Mac- 

Forestof  Lcod,  ComeKus  Brennan,  Thomas  J.  Robinson,  Eugene  J. 

Massachusetts,  '  '  '  o 

Incorporated.  McCarthy,  Alex  McKay,  James  Bell,  Robert  James  Oiler- 
head,  Edward  R.  Brennan,  Thomas  J.  JNIcGowan,  Albert 
W.  Lovejoy,  Philip  T.  Laffoley,  Daniel  ]\I.  Daley,  Patrick 
J.  Hussey,  Harry  W.  Griff,  Kenneth  E.  Young,  John  Mc- 
Gann,  Joseph  P.  Rivers  and  Bernard  McArdle,  their  asso- 
ciates and  successors,  are  hereby  made  a  corporation  by  the 
name  of  the  Knights  of  Sherwood  Forest  of  INIassachusetts, 

corporat'ion'"^  Incorporated,  for  the  purpose  of  transacting  business  as  a 
secret  order  or  fraternity  on  the  lodge  system,  with  power 
to  create  subordinate  lodges,  and  to  pay  death  or  funeral 
benefits  not  exceeding  in  any  one  case  two  hundred  dollars 
in  amount,  and  disability  benefits  not  exceeding  in  any  one 
case  ten  dollars  a  week,  and  to  furnish  medical  attendance 
to  its  members. 

fe"ta!n*pro-  Section  2.     The  Said  corporation  shall,  except  as  other- 

riw""^"^  wise  provided  herein,  be  subject  to  the  provisions  of  the 
fraternal  beneficiary  law  applicable  to  fraternal  organiza- 
tions designated  in  section  twelve  of  chapter  one  hundred 
and  nineteen  of  the  Revised  Laws  and  amendments  thereof. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  17,  1911. 

Chap.  4G  An  Act  to  authorize  the  town  of  marblehead  to  con- 
vey certain   property  to   HANNAH   GRAVES. 

Be  it  enacted,  etc.,  as  follows: 

M-u-biXud  Section  1.     The  town  of  ]\rarblehead  is  hereby  author- 

certdn"mf       ^^^'^^  ^°  grant,  scll  and  convey  to  Hannah  Graves,  by  deed 

erty'toMan-      duly  cxccutcd  in  its  name  and  behalf  by  its  board  of  park 

commissioners,  all  the  lands,  rights  in  land  and  all  property'' 

of  every  kind  situated  below  the  high  water  line  of  her 

premises  in  the  said  town  adjoining  Seaside  park  therein. 


Acts,  1911.  — Chap.  47.  35 

which  the  said  board  took  from  her  for  a  pubHc  park  in  the 
year  nineteen  hundred  and  five.  The  execution  and  dehvery 
of  said  deed  shall  be  a  full  and  final  settlement  of  the  peti- 
tion of  said  Hannah  Graves  for  damages  against  said  town 
by  reason  of  said  taking,  now  pending  in  the  superior  court 
for  the  county  of  Essex. 

Section  2.     This  act  shall  be  submitted  to  the  voters  of  Snglffect. 
the  town  of  Marblehead,  at  the  annual  or  a  special  town 
meeting,  in  the  year  nineteen  hundred  and  eleven,  and  shall 
take  effect  upon  its  acceptance  by  a  majority  of  the  voters 
voting  thereon.  Approved  February  17,  1911. 


An  Act  relative  to  the  American  academy  of  arts  and  ^7  aj 

sciences.  -^  * 

Be  it  enacted,  etc.,  as  fullows: 

Section  1.     Section  four  of  chapter  forty-six  of  the  acts  1779,  46, 
of  the  year  seventeen  hundred  and  seventy-nine,  as  amended  am;nded 
by  section  one  of  chapter  one  hundred  and  twenty-nine  of 
the  acts  of  the  year  nineteen  hundred  and  ten,  is  hereby 
further  amended  by  striking  out  the  word  "three",  in  the 
last  line,  and  inserting  in  place  thereof,  the  word :  —  four, 
—  so  as  to  read  as  follows:  —  Section  4-     That  the  fellows  Membership 
of  the  said  academy  may  from  time  to  time  elect  such  per-  porationr 
sons  to  be  fellows  thereof  as  they  shall  judge  proper;    and 
that  they  shall  have  full  power  and  authority  from  time  to 
time  to  suspend,  expel  or  disfranchise  any  fellow  of  the  said 
academy  who  shall  by  his  conduct  render  himself  unworthy 
of  a  place  in  that  body,  in  the  judgment  of  the  academy; 
and  also  to  settle  and  establish  the  rules,  forms  and  condi- 
tions  of  election,    suspension,    expulsion   and   disfranchise- 
ment:  provided,  that  the  number  of  the  said  academy,  who  proviso, 
are  inhabitants  of  this  state,  shall  not  at  any  one  time  be 
more  than  four  hundred  nor  less  than  forty. 

Section  2.    Section    six    of    said    chapter   forty-six,    as  1779, 46, 
amended  by  section  two  of  said  chapter  one  hundred  and  Amended. 
twenty-nine,  is  hereby  further  amended  by  striking  out  the 
word   "one",  in  the  seventh  line,  and  inserting  in  place 
thereof  the  word:  —  two,  —  and  by  striking  out  the  word 
"three",  in  the  eighth  line,  and  inserting  in  place  thereof 
the  word:  —  five,  —  so  as  to  read  as  follows:  —  Section  6.  ^^''tene- 
That  the  fellows  of  the  said  academy  may    and  shall  for-  ments,  etc. 
ever  hereafter  be  deemed  capable  in  the  law  of  having. 


36 


Acts,  1911.  —  Chap.  48. 


holding  and  taking,  in  fee-simple  or  any  less  estate,  by  gift, 
grant,  devise  or  otherwise,  any  lands,  tenements  or  other 
Proviso.  estate,  real  and  personal:   provided,  that  the  said  real  estate 

shall  not  exceed  in  value  the  sum  of  two  hundred  thousand 
dollars,  and  the  said  personal  estate  shall  not  exceed  in 
value  the  sum  of  five  hundred  thousand  dollars;  all  the 
sums  mentioned  in  the  preceding  section  of  this  act  to  be 
valued  in  silver  at  the  rate  of  six  shillings  and  eightpence 
by  the  ounce:  and  the  annual  interest  and  income  of  the 
said  real  and  personal  estate,  together  with  the  fines  and 
penalties  aforesaid,  shall  be  appropriated  for  premiums,  to 
encourage  improvements  and  discoveries  in  agriculture,  arts 
and  manufactures,  or  for  other  purposes  consistent  with 
the  end  and  design  of  the  institution  of  the  said  academy, 
as  the  fellows  thereof  shall  determine. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  17,  1911. 


1909,  281, 
§  1, 
amended. 


Chap.  48  An  Act  relative  to  the  inspection  of  cinematographs 

AND  SIMILAR  APPARATUS  AND  OF  THE  BOOTHS  OR  ENCLOS- 
SURES  THEREFOR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  two  hundred  and 
eighty-one  of  the  acts  of  the  year  nineteen  hundred  and  nine 
is  hereby  amended  by  striking  out  the  words  "one  dollar", 
in  the  fifth  line,  and  inserting  in  place  thereof  the  words :  — 
two  dollars,  —  and  by  adding  at  the  end  thereof  the  words: 
—  For  the  inspection  of  a  booth  or  enclosure  for  a  cine- 
matograph or  similar  apparatus  a  fee  of  two  dollars  shall 
be  paid  by  the  owner  or  user  thereof,  —  so  as  to  read  as 
follows :  —  Section  1 .  For  the  inspection  of  a  cinemato- 
graph or  similar  apparatus  involving  the  use  of  a  combusti- 
ble film  more  than  ten  inches  in  length,  as  provided  by 
section  one  of  chapter  five  hundred  and  sixty-six  of  the  acts 
of  the  year  nineteen  hundred  and  eight,  a  fee  of  two  dollars 
shall  be  paid  by  the  owner  or  user  thereof.  For  the  inspec- 
tion of  a  booth  or  enclosure  for  a  cinematograph  or  similar 
apparatus  a  fee  of  two  dollars  shall  be  paid  bj^  the  owner 
or  user  thereof. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  17,  1911. 


Fee  for  the 
inspection 
of  ii  cine- 
matograph, 
etc. 


Acts,  1911.  — Chaps.  49,  50,  51.  37' 


An  Act  to  authorize  the  children's  hospital  in  boston  QJiap.  49 

TO   HOLD   additional   REAL  AND   PERSONAL   ESTATE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  Children's  Hospital  in  Boston  is  hereby  The  children's 
authorized  to  hold  real  and  personal  estate  to  an  amount  BosU)nVa°y 
not  exceeding  two  million  five  hundred  thousand  dollars,  uo'na^eftate. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  17,  1911. 

An  Act  to  authorize  the  transfer  of  the  property  of  (jJiar).  50 

THE  WALNUT  GROVE  CEMETERY,  AN  ASSOCIATION,  TO  THE 
WALNUT  GROVE  CEMETERY,  A  CORPORATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The   Walnut   Grove   Cemetery,   a   corpora-  TheWainut 
tion  organized  under  the  provisions  of  chapters  seventy-  t^ery^mayTake 
eight  and  one  hundred  and  twenty-three  of  the  Revised  ^"06^4^°"°* 
Laws,  is  hereby  authorized  to  take  possession  and  legal  con-  burying 
trol  of  the  burying  ground  situated  in  Methuen  and  known  Meihuen"etc. 
as  the  Walnut  Grove  Cemetery;    and  the  trustees  of  the 
Walnut  Grove  Cemetery,  an  association,  are  authorized  to 
convey  to  said  corporation  title  to  said   burying  ground, 
and  all  the  right,  title  and  interest  of  said  association  and 
the   proprietors   thereof   in   said   burying   ground,    and   all 
moneys  held  by  them  or  by  any  officers  of  said  association 
in  trust  for  the  use  and  benefit  of  said  association  or  for  the 
care  of  any  lots  in  said  cemetery,  and  all  property  or  rights 
appertaining  to  said  cemetery.     Said  corporation  shall  hold 
and  administer  said  real  estate  as  a  burying  ground,  and 
said  personal  estate  charged  with  the  same  trusts  with  which 
it  is  now  charged. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  17,  1911. 


An  Act  relative  to  the  annual  reports  of  the  insur-  rj],nY)    51 

ANCE   COMMISSIONER.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The   annual  report   of  the   insurance  com-  Annual  re- 
missioner  on  matters  relating  to  fire  insurance  shall  contain  fns^'uranVe''^ 
the  laws  enacted  on  that  subject  in  the  year  of  the  report,  cpmmis- 

J,.  I  ,.„  I'll  .  sioner,  con- 

and  nis  annual  report  on  lite  and  miscellaneous  msurance  tents,  etc. 


38 


Acts,  1911.  — CiiAr.  52. 


The  Hadley 
Water  Sup- 
ply District 
may  extend 
its  limits. 


matters  shall  contain  the  laws  enacted  on  those  subjects  in 
the  year  of  the  report. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  17,  1911. 

Chap.  52  An  Act  to  authorize  the  hadley  water  supply  district 

TO   EXTEND   ITS   LIMITS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  inhabitants  of  the  town  of  Hadley  liable 
to  taxation  in  that  town  and  residing  within  the  territory 
enclosed  by  the  following  boundary  lines,  to  wit :  —  Begin- 
ning at  the  present  northeasterly  corner  of  the  district  on 
the  Amherst  line,  said  point  being  north  sixteen  degrees 
thirty-four  minutes  east,  three  hundred  feet  from  a  town 
bound  stone  located  about  sixty  feet  south  of  the  southerly 
line  of  the  state  highway  leading  from  Hadley  to  Amherst; 
thence  on  said  town  line  north  sixteen  degrees  thirty-four 
minutes  east  eight  hundred  and  sLxty  feet;  thence  leaving 
the  said  town  line  and  running  north  eighty-six  degrees 
west  three  hundred  and  sixty  feet  on  land  of  one  Peterson, 
and  seven  hundred  and  eighty  feet  on  land  of  one  Newton, 
to  a  fence  corner  and  to  land  of  Emory  H.  Davis;  thence 
on  the  same  course  on  the  southerly  side  of  the  said  Davis' 
land  two  hundred  and  ten  feet  on  the  aforesaid  Newton's 
land  and  five  hundred  and  forty  feet  on  land  of  Charles  W. 
Greene  to  a  fence  corner;  thence  north  six  degrees  thirty 
minutes  east  four  hundred  and  two  feet  on  the  Greene- 
Davis  line  to  a  fence  corner;  thence  north  eighty-five  degrees 
forty  minutes  west  two  thousand  and  seventy  feet  on  the 
said  line  between  Greene  and  Davis  to  the  easterly  side  of 
Maple  street;  thence  north  sixty-four  degrees  thirty  minutes 
west  twelve  hundred  and  sixty  feet  to  the  centre  of  the 
Old  Amherst  road.  This  last  described  line  crosses  INIaple 
street  and  land  of  Frank  B.  Greene  and  passes  through 
the  said  Greene's  northwesterly  corner  of  land  on  the  said 
Old  Amherst  road,  the  same  being  the  southwesterly  corner 
of  land  of  John  Field;  thence  following  the  centre  line  of 
the  Old  Amherst  road  in  a  general  southwesterly  direction 
eighty-three  hundred  and  ninety  feet  to  the  northeasterly 
corner  of  the  Hadley  Water  Supply  District  as  originally- 
established  by  chapter  one  hundred  and  forty-six  of  the 
acts  of  the  year  nineteen  hundred  and  five;  thence  easterly 
along  the  northerly  line  of  the  Hadley  Water  Supply  Dis- 


Acts,  1911.  — Chap.  53.  39 

trict,  as  enlarged  by  chapter  three  hundred  and  forty  of 
the  acts  of  the  year  nineteen  hundred  and  nine,  to  the  place 
of  beginning,  —  shall  be  added  to  and  made  part  of  the 
body  corporate  of  the  Hadley  Water  Supply  District.  The 
territory  hereby  annexed  to  said  district  and  the  inhabit- 
ants residing  therein  shall  have  all  the  rights,  powers  and 
privileges  and  be  subject  to  all  the  liabilities  and  duties 
pertaining  to  said  district  according  to  the  provisions  of 
said  chapters  one  hundred  and  forty-six  and  three  hundred 
and  forty. 

Section  2.    This  act  shall  take  effect  upon  its  accept-  Tobesub- 
ance  by  a  majority  of  the  legal  voters  of  the  said  district,  ™o'tersof  thi 
as  hereby  enlarged,  present  and  voting  thereon  at  a  legal  Acceptance 
meeting  called  for  that  purpose  within  three  years  after  etc 
the  date  of  its  passage.     Said  meeting  shall  be  called  on  a 
petition  of  ten  or  more  of  the  legal  voters  of  said  district 
as  enlarged  by  this  act,  by  warrant  from  a  justice  of  the  peace, 
directed  to  one  of  the  petitioners,  requiring  him  to  give 
notice  of  the  meeting  by  posting  copies  of  said  warrant  in 
two  or  more  public  places  in  said  district  as  enlarged  by  this 
act,  seven  days  at  least  before  the  time  set  for  said  meeting, 
and  by  publishing  such  notice  thereof  as  the  warrant  may 
require  in  any  newspaper  published  in  the  county  of  Hamp- 
shire and  circulated  in  the  town  of  Hadley.     The  justice 
or  a  member  of  the  board  of  water  commissioners  of  said 
district  shall  preside  at  said  meeting  until  a  moderator  is 
chosen  and  sworn;    and  for  the  purpose  of  authorizing  the 
said  meeting  this  act  shall  take  effect  upon  its  passage. 

Approved  February  17,  1911. 

An  Act  relating  to  the  maintenance  of  bastard  chil-  (JJiar)    53 

DREN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     Section  four  of  chapter  eighty-two  of  the  r.  l.  82,  §  4, 
Revised  Laws  is  hereby  amended  by  adding  at  the  end  ^^^^nded. 
thereof  the  following :  —  and  at  any  hearing  of  said  complaint 
at  any  subsequent  time  to  which  it  may  be  continued,  and 
so  from  day  to  day,  and  from  time  to  time,  until  the  final 
disposition  of  said  complaint  before  said  court  or  trial  jus- 
tice, and  not  depart  without  leave,  —  so  as  to  read  as  fol- 
lows :  —  Section  4-     A  person  who  is  arrested  upon  such  Release  from 
warrant  may  be  released  upon  giving  a  bond  with  sufR-  '''"''est,  etc. 
cient  surety  or  sureties,   in   not  less  than  three  hundred 


40 


Acts,  1911.  —  Chap.  54. 


R.  L.  82,  §  5, 
amended. 


Bond  to  be 
given. 


dollars,  for  his  appearance  before  the  court  or  trial  justice 
having  jurisdiction  of  the  complaint,  at  a  time  to  be  specified 
in  said  bond,  and  at  any  hearing  of  said  complaint  at  any 
subsequent  time  to  which  it  may  be  continued,  and  so  from 
day  to  day,  and  from  time  to  time,  until  the  final  disposi- 
tion of  said  complaint  before  said  court  or  trial  justice,  and 
not  depart  without  leave. 

Section  2.  Section  five  of  said  chapter  eighty-two  is 
hereby  amended  by  adding  at  the  end  thereof  the  words :  — 
A  bond  such  as  is  specified  in  this  and  the  preceding  section 
may  be  executed  and  approved  on  the  Lord's  day,  —  so 
as  to  read  as  follows :  —  Section  5.  The  bond  shall  be  made 
to  the  party  for  whose  benefit  the  complaint  is  made 
or  prosecuted,  and  the  sureties  may  be  examined  and  the 
bond  approved  by  a  justice,  special  justice  or  clerk  of  a 
police,  district  or  municipal  court,  by  a  trial  justice  or  by 
a  bail  commissioner  or  master  in  chancery.  A  bond  such 
as  is  specified  in  this  and  the  preceding  section  may  be 
executed  and  approved  on  the  Lord's  day. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  17,  1911. 


1907,  576, 
§  11,  Par. 
Second, 
amended. 


Chap.  54  An  Act  relative  to  the  reserves  for  weekly  paitwent 

LIFE   insurance    POLICIES. 

Be  it  enacted,  etc.,  as  follows: 

Paragraph  Second  of  section  eleven  of  chapter  five  hun- 
dred and  seventv-six  of  the  acts  of  the  vear  nineteen  hundred 
and  seven  is  hereby  amended  by  adding  at  the  end  thereof 
the  words:  —  and  any  life  insurance  company  receiving  pre- 
miums by  weekly  payments  may  elect  for  such  weekly 
payment  business  or  any  portion  thereof  to  reserve  upon 
any  table  showing  a  higher  rate  of  mortality  approved  by 
the  insurance  commissioner,  ^  so  as  to  read  as  follows:  — 
Second,  The  net  value  on  the  last  day  of  December  of  the 
preceding  year  of  all  outstanding  policies  of  life  insurance 
issued  after  the  thirty-first  day  of  December  in  the  year 
nineteen  hundred  shall  be  computed  upon  the  basis  of  the 
"American  Experience  Table"  of  mortality,  with  interest 
at  three  and  one  half  per  cent  per  annum ;  but  any  such 
life  insurance  company  may  at  any  time  elect  to  reserve 
upon  a  three  per  cent  basis,  and  thereupon  its  policies  issued 
upon  such  reserv^e  shall  bo  computed  u])()n  the  basis  of  the 
"American  Ex{)erience  Table"  of  mortality,  with  interest 


Basis  of 
valuation  of 
policies  of 
life  insurance 
companies. 


Acts,  1911.  —  Chaps.  55,  56.  41 

at  three  per  cent  per  annum,  and  any  life  insurance  company 
receiving  premiums  by  weekly  payments  may  elect  for  such 
weekly  payment  business  or  any  portion  thereof  to  reserve 
upon  any  table  showing  a  higher  rate  of  mortality  approved 
by  the  insurance  commissioner. 

Approved  February  17,  1911, 

An  Act  to  authorize  the  town  of  danvers  to  issue  (Jjfdp^  55 

NOTES    or   bonds    FOR   THE    PURPOSE    OF    PAYING    CERTAIN 
LIABILITIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  town  of  Danvers,  for  the  purpose  of  The  town  of 

...  •  1  1  PI  p  Danvers  may 

extmguishmg  a  note  given  by  the  town  tor  the  sum  oi  twenty  issue  notes, 
thousand  dollars,  payable  to  James  M.  Beebe,  Samuel  T. 
Dana  and  Francis  Peabody,  trustees,  or  their  successors 
as  trustees  of  the  Peabody  Family  Fund,  and  dated  June 
tenth,  eighteen  hundred  and  seventy-five,  is  hereby  author- 
ized to  incur  indebtedness  to  an  amount  not  exceeding 
twenty  thousand  dollars,  and  may  issue  notes,  bonds  or 
scrip  therefor.  Such  notes,  bonds  or  scrip  shall  be  payable 
in  ten  annual  pa\anents  of  two  thousand  dollars  each,  the 
first  payment  to  be  made  one  year  after  the  date  of  said 
loan.  The  notes,  bonds  or  scrip  shall  bear  interest  at  a 
rate  not  exceeding  four  per  cent  per  annum,  and  the  amount 
required  to  pay  the  interest  and  the  principal  sums  as  they 
become  due  shall  be  raised  by  taxation  in  the  manner  in 
which  the  other  expenses  of  the  town  are  met. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  17,  1911. 

An  Act  relative  to  the  school  committee  in  the  town  nhd^j    56 

OF   HUNTINGTON.  ' 

Be  it  enacted,  etc.,  as  follows: 
Section  1.     The  town  of  Huntington  may  at  its  annual  Election  of 

*— '  *'  Q  sf  nool 

meeting  in  March  next  elect  a  school  committee  of  three  committee  by 
persons,  one  of  whom  shall  serve  for  a  term  of  one  year,  Huntington. 
one  for  a  term  of  two  years  and  one  for  a  term  of  three 
years,  and  thereafter  annually  one  member  of  the  school 
committee  shall  be  elected  for  a  term  of  three  vears. 

XI 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  17,  1911. 


42  Acts,  1911.  —  CiiArs.  57,  58. 


Chap.  57  An  Act  to  authorize  the  city  of  quincy  to  make  an 

ADDITIONAL   SEWER   LOAN. 

Be  it  enacted,  etc.,  as  follows: 

Qum'^cy  Sewer  SECTION  1.  The  city  of  Quincv,  for  the  purpose  of 
i9ii'  ^*^*  "^  extending  and  completing  its  system  of  sewerage,  and  for 
the  purposes  mentioned  in  chapter  two  hundred  and  seventy- 
nine  of  the  acts  of  the  year  eighteen  hundred  anrl  ninety- 
five  and  acts  in  amendment  thereof,  may  from  time  to  time 
issue  bonds,  notes  or  scrip,  to  be  denominated  on  the  face 
thereof,  City  of  Quincy  Sewer  Loan,  Act  of  1911,  to  an 
amount  not  exceeding  two  hundred  thousand  dollars,  out- 
side the  limit  of  indebtedness  fixed  by  law  for  that  city, 
and  in  addition  to  the  amounts  heretofore  authorized  by 
law  to  be  issued  by  the  city  for  the  same  purposes.  Such 
bonds,  notes  or  scrip  shall  be  issued  upon  the  terms  and 
conditions  and  with  the  force  and  effect  specified  in  said 
chapter  two  hundred  and  seventy-nine,  and  in  chapter  two 
hundred  and  twenty-five  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-seven  and  acts  in  amendment  thereof 
and  in  addition  thereto. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  20,  1911. 

Cliai).  58  An  Act  to  authorize  the  town  of  uxbridge  to  incur 

ADDITIONAL  INDEBTEDNESS  FOR  THE  PURPOSE  OF  EXTEND- 
ING  ITS   WATER   SUPPLY. 

Be  it  enacted,  etc.,  as  follows: 

serand^*  Section  1.     The   town   of   Uxbridge,   for   the   purposes 

Additional        mentioned  in  section  five  of  chapter  two  hundred  and  twenty- 

^^  liter  Lioan 

Act  of  1911.'  five  of  the  acts  of  the  year  nineteen  hundred  and  four,  as 
amended  by  chapter  two  hundred  and  seventy-se^•en  of  the 
acts  of  the  year  nineteen  hundred  and  five,  and  by  chapter 
three  hundred  and  ninety-seven  of  the  acts  of  the  year 
nineteen  hundred  and  six,  may  borrow  money  from  time 
to  time  and  issue  therefor  negotiable  bonds,  notes  or  scrip 
to  an  amount  not  exceeding  twenty-five  thousand  dollars, 
in  addition  to  the  amount  of  ninety-five  thousand  dollars 
heretofore  authorized  by  law  to  be  issued  by  said  town 
for  similar  ])urposes.  Such  bonds,  notes  or  scrip  shall  be 
signed  by  tlie  treasurer  of  the  town  and  countersigned  by 
the  chairman  of  the  board  of  water  conunissioners,  and  shall 


Acts,  1911.  — Chaps.  59,  60.  43 

be  denominated  on  the  face  thereof,  Uxbridge  Second  Addi- 
tional Water  Loan,  Act  of  1911.  They  shall  be  payable 
at  the  expiration  of  periods  not  exceeding  thirty  years  from 
the  dates  of  issue,  and  shall  bear  such  rate  of  interest,  not 
exceeding  four  per  cent  per  annum,  as  the  town  may  deter- 
mine. The  town  may  sell  such  securities  at  public  or  private 
sale  for  not  less  than  the  par  value  thereof,  upon  such  terms 
and  conditions  as  it  may  deem  proper,  and  shall  make 
payable  annually  a  fixed  proportion  of  the  principal  of 
such  bonds,  notes  or  scrip;  and  the  town  shall  raise  annually 
by  taxation  the  amount  required  to  meet  the  interest  and 
the  proportion  of  the  principal  which  is  payable  annually. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  20,  1911. 

An  Act  relative  to  the  duties  of  the  chief  clerk  of  (JJiap.  59 

THE   BUREAU   OF   STATISTICS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     In  the  absence  or  inability  of  the  director  Duties  of  the 
of  the  bureau  of  statistics,  or  in  the  event  of  his  death,  of  the'' ^^ 
pending  the  appointment  and  qualification  of  his  successor,  ^^^li^ucf. 
the  chief  clerk  or  deputy,  as  provided  for  by  section  two  of 
chapter  three  hundred  and  seventy-one  of  the  acts  of  the 
year  nineteen  hundred  and  nine,  shall  have  authority  to 
perform  all  the  duties  of  said  director  prescribed  by  law. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  20,  1911. 

An  Act  relative  to  the  department  of  the  sergeant-  (Jhap.  60 

AT-ARMS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     So  much  of  section  eleven  of  chapter  ten  of  fii'etc'., 
the  Revised  Laws,  as  amended  by  chapter  three  hundred  amended, 
and  twentv-three  of  the  acts  of  the  vear  nineteen  hundred 
and  three,  as  refers  to  the  sergeant-at-arms'  cashier,  is  hereby 
amended  by  striking  out  the  words  "one  thousand",  in  the 
last  line,  and  inserting  in  place  thereof  the  words :  —  twelve 
hundred,  —  and  by  adding  at  the  end  of  said  section  the 
words:  —  to  be  so  allowed  from  the  first  day  of  December 
in  the  vear  nineteen  hundred  and  ten,  —  so  as  to  read  as 
follows :  —  and  the  sergeant-at-arms  may  emploj^  a  cashier,  Sergeant-at- 
who   shall   be  a  stenographer,  for  whose  conduct  he  shall 


44 


Acts,  1911.  — Chap.  61. 


be  accountable,  who  shall  receive  an  annual  salary  of  twelve 
hundred  dollars,  to  be  so  allowed  from  the  first  day  of  Decem- 
ber in  the  year  nineteen  hundred  and  ten. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  20,  1911. 


Framingham 
Grade  School 
Loan,  Act 
of  1911. 


Chap.  Gl  An  Act  to  authorize  the  town  of  framingham  to  incur 

INDEBTEDNESS   FOR  A   GRADE   SCHOOL   BUILDING. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Framingham,  for  the  purpose 
of  erecting,  furnishing  and  equipping  a  grade  school  build- 
ing in  the  Centre  village,  so-called,  in  said  town,  is  hereby 
authorized  to  borrow  money  beyond  its  statutory  limit  of 
indebtedness,  to  an  amount  not  exceeding  sixty-five  thou- 
sand dollars,  and  to  issue  notes  or  bonds  therefor.  Such 
notes  or  bonds  shall  bear  on  the  face  thereof  the  words, 
Framingham  Grade  School  Loan,  Act  of  1911,  and  also  the 
words  "exempt  from  taxation  in  Massachusetts",  shall  be 
payable  at  the  expiration  of  periods  not  exceeding  twenty 
years  from  the  dates  of  issue,  shall  bear  interest,  payable 
semi-annually,  at  a  rate  not  exceeding  four  per  cent  per 
annum,  and  shall  be  signed  by  the  treasurer  and  counter- 
signed by  the  selectmen  of  the  town.  The  town  may  sell 
such  securities  at  public  or  private  sale,  upon  such  terms 
and  conditions  as  it  may  deem  expedient,  but  they  shall 
not  be  sold  for  less  than  their  par  value. 

Section  2.  The  town  shall,  at  the  time  of  authorizing 
the  said  loan,  provide  for  the  payment  thereof  in  such  annual 
proportionate  payments  as  will  extinguish  the  same  within 
the  time  prescribed  in  this  act;  and  when  a  vote  to  that 
effect  has  been  passed  the  amount  required  thereby  shall, 
without  further  vote,  be  assessed  by  the  assessors  of  the 
town  annually  thereafter,  in  the  same  manner  in  which 
other  town  taxes  are  assessed,  until  the  debt  incurred  by  the 
loan  is  extinguished.  Said  town  shall  also  raise  annually 
by  taxation  a  sum  which  will  be  sufficient  to  pay  the  inter- 
est as  it  accrues  on  the  notes  or  bonds  issued  under  authority 
of  this  act. 

Section  3.  This  act  shall  take  effect  upon  its  accept- 
ance by  a  majority  of  the  \()ters  of  the  town  present  and 
voting  thereon  at  a  meeting  duly  called  for  the  purpose. 

Approved  February  20,  1911. 


Payment  of 
loan. 


Time  of 
taking  effect. 


Acts,  1911.  — Chap.  62.  45 


An  Act  making  appropriations  for  salaries  and  expenses  (Jhap.  62 

IN  THE  JUDICIAL  DEPARTMENT  OF  THE  COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  treasury  of  the  common- 
wealth from  the  ordinary  revenue,  for  the  salaries  and 
expenses  of  the  judicial  department  of  the  commonwealth 
for  the  fiscal  year  ending  on  the  thirtieth  day  of  Novem- 
ber, nineteen  hundred  and  eleven,  to  wit :  — 


tions. 


SUPREME   JUDICIAL  COURT. 

For  the  salaries  and  travelling  expenses  of  the  chief  jus-  chief  justice 
lice  and  of  the  six  associate  justices,  sixty  thousand  dollars.  ^usUces"*"'"*^ 

For  the  salary  of  the  clerk,  three  thousand  dollars.  cierk. 

For  clerical  assistance  to  the  clerk,  eight  hundred  dollars,  clerical 

For  clerical  assistance  to  the  justices,  a  sum  not  exceed-  ^ssiistance  to 
ing  twenty-five  hundred  dollars.  Clerical 

^  ff.i  'I'*!  j_  A.   assistance  to 

For  expenses  of  the  supreme  judicial  court,  a  sum  not  justices. 
exceeding  two  thousand  dollars.  Expenses. 

For  the  salary  of  the  reporter  of  decisions,  four  thousand  fg^c'isfons  °^ 
dollars;    and  for  clerk  hire  and  incidental  expenses  of  said  etc. 
reporter,  a  sum  not  exceeding  five  thousand  dollars. 

For  the  salaries  of  the  officers  and  messenger,  twenty-  officers  and 

/>  1  1      J     J    11  messenger. 

tour  hundred  dollars. 

For  the  salary  of  the  clerk  for  the  county  of  Suffolk,  Sfk  cofnty. 
fifteen  hundred  dollars. 

For  the  salary  of  the  assistant  clerk  for  the  county  of  Assistant 

o(  11         /^  1  1        1       1    11  clerk,  Suffolk 

SuiTolk,   five   hundred   dollars.  county. 

For  the  salaries  of  the  retired  justices,  fifty-two  hundred  -^g^^ces. 
and  fifty  dollars. 

SUPERIOR  COURT. 

For  the  salaries  and  travelling  expenses  of  the  chief  jus-  superior 
tice  and  of  the  twenty -four  associate  justices,  one  hundred  j^^st^ces. 
and  seventy-five  thousand  five  hundred  dollars. 

For  the  salary  of  the  assistant  clerk,  five  hundred  dol-  ^jg^j^^*"'^*' 
lars. 

For  printing,   transportation   of  papers  and   documents,  Printing, 
and  for  incidental  expenses  of  the  superior  court,  a  sum  not 
exceeding  four  hundred  dollars. 


46 


Acts,  1911.  — Chap.  62. 


Judge  of 
probate,  etc., 
Barnstable. 

Berkshire. 


Bristol. 


Dukes 
County. 

Essex. 


Franklin. 
Hampden. 
Hampshire. 
.Middlesex. 
Nantucket. 
Norfolk. 
Plymouth. 
Suffolk. 
Worcester. 


Retired 
judges. 

Judges  art- 
ing  in  other 
counties. 


Register, 
Barnstable. 

Berkshire. 
Bristol. 


Dukes 
County. 

Essex. 


COURTS   OF   PROBATE   AND   INSOLVENCY. 

For  the  salary  of  the  judge  for  the  county  of  Barnstable, 
fourteen  hundred  dollars. 

For  the  salary  of  the  judge  for  the  county  of  Berkshire, 
twenty-five  hundred  dollars. 

For  the  salary  of  the  judge  for  the  county  of  Bristol, 
forty-five  hundred  dollars. 

For  the  salary  of  the  judge  for  the  county  of  Dukes  County, 
nine  hundred  dollars. 

For  the  salaries  of  the  two  judges  for  the  county  of  Essex, 
eight  thousand  dollars. 

For  the  salary  of  the  judge  for  the  county  of  Franklin, 
fifteen  hundred  dollars. 

For  the  salary  of  the  judge  for  the  county  of  Hampden, 
thirty-eight  hundred  dollars. 

For  the  salary  of  the  judge  for  the  county  of  Hampshire, 
seventeen  hundred  dollars. 

For  the  salaries  of  the  two  judges  for  the  county  of  Mid- 
dlesex, ten  thousand  dollars. 

For  the  salary  of  the  judge  for  the  county  of  Nantucket, 
nine  hundred  dollars. 

For  the  salary  of  the  judge  for  the  county  of  Norfolk, 
four  thousand  dollars. 

For  the  salary  of  the  judge  for  the  county  of  Plymouth, 
twenty-seven  hundred  dollars. 

For  the  salaries  of  the  two  judges  for  the  county  of  Sufl'olk, 
twelve  thousand  dollars. 

For  the  salaries  of  the  two  judges  for  the  county  of  Wor- 
cester, seventy-five  hundred  dollars. 

For  the  salaries  of  retired  judges,  a  sum  not  exceeding 
five  hundred  dollars. 

For  the  compensation  of  judges  acting  in  other  counties 
than  their  own,  a  sum  not  exceeding  fifteen  hundred  dol- 
lars. 

For  the  salary  of  the  register  for  the  county  of  Barn- 
stable, thirteen  hundred  dollars. 

For  the  salary  of  the  register  for  the  county  of  Berkshire, 
nineteen  hundred  dollars. 

For  the  salary  of  the  register  for  the  county  of  Bristol, 
thirty-five  hundred  dollars. 

For  the  salary  of  the  register  for  the  county  of  Dukes 
County,  eight  hundred  dollars. 

For  the  salary  of  the  register  for  the  county  of  Essex, 
thirty-five  hundred  dollars. 


Acts,  1911.  — Chap.  62.  47 

For  the  salary  of  the  register  for  the  county  of  FrankHn,  FrankUn. 
fifteen  hundred  dollars. 

For  the  salary  of  the  register  for  the  county  of  Hampden,  Hampden, 
thirty-one  hundred  dollars. 

For  the  salary  of  the  register  for  the  county  of  Hamp-  Hampshire, 
shire,  sixteen  hundred  dollars. 

For  the  salary  of  the  register  for  the  county  of  Middlesex,  Middlesex. 
four  thousand  dollars. 

For  the  salary  of  the  register  for  the  county  of  Nan-  Nantucket, 
tucket,  eight  hundred  dollars. 

For  the  salary  of  the  register  for  the  county  of  Norfolk,  Norfolk, 
twenty-seven  hundred  dollars. 

For  the  salary  of  the  register  for  the  county  of  Plym-  Plymouth, 
outh,  twenty-two  hundred  dollars. 

For  the  salary  of  the  register  for  the  county  of  Suffolk,  suflfoik. 
five  thousand  dollars. 

For  the  salary  of  the  register  for  the  county  of  Worcester,  Worcester, 
thirty-five  hundred  dollars. 

For  the  salary  of  the  assistant  register  for  the  county  of  ^^^l^^^^^ 
Barnstable,  five  hundred  and  fifty  dollars.  Barnstable. 

For  the  salary  of  the  assistant  register  for  the  county  of  Berkshire. 
Berkshire,  nine  hundred  and  fifty  dollars. 

For  the  salary  of  the  assistant  register  for  the  county  of  Bristol. 
Bristol,  twenty-three  hundred  dollars. 

For  the  salaries  of  the  assistant  registers  for  the  county  of  ^^sex. 
Essex,  forty-one  hundred  dollars. 

For  the  salary  of  the  assistant  register  for  the  county  of  franklin. 
Franklin,  six  hundred  dollars. 

For  the  salary  of  the  assistant  register  for  the  county  of  Hampden. 
Hampden,  fifteen  hundred  and  fifty  dollars. 

For  the  salary  of  the  assistant  register  for  the  county  of  Hampshire. 
Hampshire,  seven  hundred  dollars. 

For  the  salaries  of  the  assistant  registers  for  the  county  Middlesex. 
of  Middlesex,  seven  thousand  dollars. 

For  the  salary  of  the  assistant  register  for  the  county  of  Norfolk. 
Norfolk,  thirteen  hundred  and  fifty  dollars. 

For  the  salary  of  the  assistant  register  for  the  county  of  Suffolk. 
Suffolk,  twenty-eight  hundred  dollars. 

For  the  salary  of  the  second  assistant  register  for  the  second 
county  of  Suffolk,  twenty-five  hundred  dollars.  ^^^'^  *° ' 

For  the  salary  of  the  assistant  register  for  the  county  Worcester. 
of  Worcester,  fifteen  hundred  dollars. 

For  extra  clerical  assistance  to  the  register  for  the  county  clerical 
of  Barnstable,  a  sum  not  exceeding  four  hundred  thirty-  Barnstable. 
three  dollars  and  thirty-four  cents. 


48 


Acts,  1911.  — Chap.  62. 


Berkshire. 


Bristol. 


Dukes 
County. 


Essex. 

Franklin. 
Hampden. 

Hampshire. 
Middlesex. 

Nantucket. 
Norfolk. 

Plymouth. 

Suffolk. 

"Worcester. 


Clerk, 
Suffolk. 


For  extra  clerical  assistance  to  the  register  for  the  county 
of  Berksliire,  a  sum  not  exceeding  six  hundred  dollars. 

For  extra  clerical  assistance  to  the  register  for  the  county 
of  Bristol,  a  sum  not  exceeding  two  thousand  sixty-six  dol- 
lars and  sixty-seven  cents. 

For  extra  clerical  assistance  to  the  register  for  the  county 
of  Dukes  County,  a  sum  not  exceeding  two  hundred  sixty- 
six  dollars  and  sixty-seven  cents. 

For  extra  clerical  assistance  to  the  register  for  the  county 
of  Essex,  a  sum  not  exceeding  seven  thousand  sixteen  dol- 
lars and  sixty-seven  cents. 

For  extra  clerical  assistance  to  the  register  for  the  county 
of  Franklin,  a  sum  not  exceeding  four  hundred  dollars. 

For  extra  clerical  assistance  to  the  register  for  the  county 
of  Hampden,  a  sum  not  exceeding  twenty-six  hundred  thirty- 
three  dollars  and  thirty-three  cents. 

For  extra  clerical  assistance  to  the  register  for  the  county 
of  Hampshire,  a  sum  not  exceeding  six  hundred  dollars. 

For  extra  clerical  assistance  to  the  register  for  the  county 
of  Middlesex,  a  sum  not  exceeding  seventy-three  hundred 
thirty-three  dollars  and  thirty-three  cents. 

For  extra  clerical  assistance  to  the  register  for  the  county 
of  Nantucket,  a  sum  not  exceeding  three  hundred  dollars. 

For  extra  clerical  assistance  to  the  register  for  the  county 
of  Norfolk,  a  sum  not  exceeding  two  thousand  thirty-three 
dollars  and  thirty-three  cents. 

For  extra  clerical  assistance  to  the  register  for  the  county 
of  Plymouth,  a  sum  not  exceeding  twent}'-one  hundred  dol- 
lars. 

For  extra  clerical  assistance  to  the  register  for  the  county 
of  Suffolk,  a  sum  not  exceeding  seventy-one  hundred  dol- 
lars. 

For  extra  clerical  assistance  to  the  register  for  the  county 
of  Worcester,  a  sum  not  exceeding  seven  thousand  sixteen 
dollars  and  sixty-six  cents. 

For  the  salary  of  the  clerk  of  the  register  for  the  county 
of  Suffolk,  twelve  hundred  dollars. 


District 

.attorney, 

Suffolk. 

Assistants. 


DISTRICT  ATTORNEYS. 

For  the  salary  of  the  district  attorney  for  the  Suffolk 
district,   five  thousand   dollars. 

For  the  salaries  of  the  first,  second  and  third  assistant 
district  attorneys  for  the  Suffolk  district,  eleven  thousand 
four  hundred  dollars. 


Acts,  1911.— Chap.  63.  49 

For  the  salaries  of  the  deputy  assistants  of  the  district  ^gg^g'^^g^tg 
attorney  for  the  Suffolk  district,   thirty-six  hundred  dol- 
lars. 

For  the  salary  of  the  district  attorney  for  the  northern  Northern 
district,  four  thousand  dollars. 

For  the  salaries  of  the  assistant  district  attorneys  for  the  Assistants. 
northern  district,  thirty-eight  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  eastern  Eastern 
district,  twenty-four  hundred  dollars. 

For  the  salary  of  the  assistant  district  attorney  for  the  Assistant. 
eastern  district,  sixteen  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  south-  Southeastern 
eastern  district,  twenty-four  hundred  dollars. 

For  the  salary  of  the  assistant  district  attorney  for  the  Assistant, 
southeastern  district,  sixteen  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  southern  Southern 
district,  twenty-four  hundred  dollars. 

For  the  salary  of  the  assistant  district  attorney  for  the  Assistant. 
southern  district,  sixteen  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  middle  Middle 
district,  twenty-four  hundred  dollars. 

For  the  salary  of  the  assistant  district  attorney  for  the  Assistant. 
middle  district,  sixteen  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  western  western 
district,  twenty-four  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  northwestern  Northwestern 

.  .  district 

district,  thirteen  hundred  and  fifty  dollars. 

For  travelling  expenses  necessarily  incurred  by  the  dis-  Travelling 
trict  attorneys  and  assistant  district  attorneys,  except  in  •^'^p^"^*^^- 
the  Suffolk  district,  a  sum  not  exceeding  fifteen  hundred 
dollars. 

COMMISSION   ON   PROBATION. 

For  expenses  of  the  commission  on  probation,  a  sum  not  Commission 

,.  r,  .1  1      1    11  on  probation. 

exceedmg  nve  thousand  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  21,  1911. 

An  Act  to  provide  that  in  civil  service  examinations  (Jfidrn^  (33 

ANSWERS     TO     QUESTIONS     RELATING     TO     TRAINING     AND 
EXPERIENCE    MAY    BE    UNDER   OATH. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirteen  of  chapter  nineteen  of  the  Revised  Laws  r.  l.  i9,  §  is, 
is  hereby  amended  by  inserting  after  the  word  "applicants",  ^'^^'^^^^- 


50  Acts,  1911.  — Chats.  64,  65. 

in  the  fifth  hne,  the  following:  —  and  all  answers  of  appli- 
cants to  questions  in  examinations  relating  to  training  and 
experience,  outside  of  the  labor  service,  shall  be  under  oath,  if 
the  commission  shall  so  require,  —  and  by  striking  out  the 
words  "The  examination  of  applicants  for  employment  as 
laborers  shall  relate  to  their  capacity  for  labor  and  habits 
of  sobriety  and  industry  and  to  the  necessities  of  themselves 
and  their  families",  in  the  fifth  to  the  eighth  lines,  inclusive, 
Examina-  — SO  as  to  read  as  follows:  —  Section  13.  No  question  in 
any  examination  shall  relate  to,  and  no  appointment  to  a 
position  or  selection  for  employment  shall  be  affected  by, 
political  or  religious  opinions  or  affiliations.  Examinations 
shall  be  practical  and  shall  relate  to  matters  which  will 
fairly-  test  the  capacity  and  fitness  of  the  applicants;  and 
all  answers  of  applicants  to  questions  in  examinations  relat- 
ing to  training  and  experience,  outside  of  the  labor  service, 
shall  be  under  oath,  if  the  commission  shall  so  require. 

Approved  February  2^,  1911. 

Chap.  64  An  Act  to  authorize  the  towns  of  abington,  rockland 

AND    WHITMAN    TO    APPROPRIATE    MONEY    FOR    AN    ANNI- 
VERSARY   CELEBRATION. 

Be  it  enacted,  etc.,  a^  follows: 

Jowns?nay  SECTION  1.     Tlic  towus  of  Abiugton,  Rocklaud  and  Whit- 

appropriate      j^^^n  are  cacli  herebv  authorized  to  raise  hv  taxation  and  to 

uioiiGv  for  iin  *■  *' 

anniversary  appropriate  such  suiiis  of  money  as  may  be  authorized  by  a 
majority  vote  of  the  voters  of  each  town  voting  thereon  at  the 
annual  town  meeting  of  each  town,  duly  called  in  the  years 
nineteen  hundred  and  eleven  and  nineteen  himdred  and 
twelve,  for  the  celebration  in  the  year  nineteen  hundred 
and  twelve  of  the  two  hundredth  anniversary  of  the  incor- 
poration of  the  town  of  Abington,  which  comprised  the 
present  towns  of  Abington,  Rockland  and  Whitman,  and 
for  publishing  the  proceedings  of  the  celebration. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  24,  1011. 

Chap.  ()5  An  Act  to  authorize  the  city  of  new  Bedford  to  incur 

INDEBTEDNESS  FOR  EXTENDING  AND  RENEWING  ITS  WATER 
MAINS. 

Be  it  enacted,  etc.,  as  follows: 

wau.M!!,-m!^        Section  1.     Thc  city  of  New  Bedford,  for  the  purpose 
Act  of  11)11.      yf  extending  and  renewing  its  water  mains,  may  incur  in- 


Acts,  1911.  — Chap.  66.  51 

debtedness,  beyond  the  limit  fixed  by  law,  to  an  amount 
not  exceeding  one  hundred  and  fifty  thousand  dollars,  and 
may  issue  bonds,  notes  or  scrip  therefor,  in  addition  to  the 
amounts  heretofore  authorized  by  law  to  be  issued  by  the 
city  for  water  works  purposes;  and  the  same  shall  not  be 
reckoned  in  determining  the  statutory  limit  of  indebtedness 
of  the  city.  Such  bonds,  notes  or  scrip  shall  bear  on  their 
face  the  words,  New  Bedford  Water  Loan,  Act  of  1911; 
shall  be  payable  at  the  expiration  of  periods  not  exceeding 
thirty  years  from  the  dates  of  issue;  shall  bear  interest 
payable  semi-annually  at  a  rate  not  exceeding  four  per  cent 
per  annum;  and  shall  be  signed  by  the  treasurer  of  the  city 
and  countersigned  by  the  mayor.  The  city  may  sell  the 
said  securities  at  public  or  private  sale  upon  such  terms  and 
conditions  as  it  may  deem  proper;  but  they  shall  not  be 
sold  for  less  than  their  par  value.  No  part  of  the  proceeds 
of  the  sale  of  said  bonds,  notes  or  scrip  shall  be  used  in  pay- 
ment of  running  expenses. 

Section  2.  The  city  shall  at  the  time  of  authorizing  Payment  of 
said  loan  provide  for  the  payment  thereof  in  such  annual 
proportionate  payments,  beginning  not  more  than  five  years 
after  the  first  issue  of  any  such  bonds,  notes  or  scrip,  as  will 
extinguish  the  same  within  the  time  prescribed  by  this  act; 
and  when  a  vote  to  that  effect  has  been  passed  a  sum  which, 
with  the  income  derived  from  water  rates,  will  be  sufficient 
to  pay  the  annual  expense  of  oj)erating  its  water  works  and 
the  interest  as  it  accrues  on  the  bonds,  notes  or  scrip  issued 
as  aforesaid  by  said  city,  and  to  make  such  payments  on 
the  principal  as  may  be  required  under  the  provisions  of 
this  act  shall,  without  further  vote,  be  assessed  by  the  assess- 
ors of  the  city  annually  thereafter,  in  the  same  manner  in 
which  other  taxes  are  assessed,  until  the  debt  incurred  by 
said  loan  is  extinguished. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Aijproved  February  24,  1911. 

An  Act  making  appropriations  for  the  board  of  regis-  (JJidf)^  6(5 

TRATION   IN  DENTISTRY. 

Be  it  enacted,  etc,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  treasury  of  the  common-  of'regi^tratlon 
wealth  from  the  ordinary  revenue,  for  the  salaries  and  ex-  ii  dentistry. 
penses   of  the  board  of  registration  in  dentistry,   for  the 


52 


Acts,  1911.  — Chaps.  67,  68. 


Salaries  of 
members. 

Clerical  serv- 
ices, etc. 


fiscal  year  ending  on  the  thirtieth  day  of  November,  nine- 
teen hundred   and   eleven,   to  wit :  — 

For  the  salaries  of  the  members,  seventeen  hundred  dol- 
lars. 

For  clerical  services,  postage,  printing,  travelling  and  other 
necessary  expenses,  to  include  the  printing  of  the  annual 
report,  a  sum  not  exceeding  two  thousand  dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  24,  1911. 


Chap. 


Appropria- 
tions. 


Bank  com- 
missioner. 


Examiners, 
clerks,  etc. 

Printing, 

stationery, 

etc. 


Annual 
reports. 


67  An  Act  making  appropriations  for  salaries  and  ex- 
penses IN  the  department  of  the  bank  commissioner. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  common- 
wealth from  the  ordinary  revenue,  for  the  department  of 
the  bank  commissioner,  for  the  fiscal  year  ending  on  the 
thirtieth  day  of  November,  nineteen  hundred  and  eleven, 
to  wit:  — 

For  the  salary  of  the  commissioner,  the  sum  of  five  thou- 
sand dollars. 

For  the  salary  of  the  deputy,  the  sum  of  three  thousand 
dollars. 

For  the  salaries  of  examiners,  clerks,  experts  and  other 
assistants,  a  sum  not  exceeding  fifty  thousand  dollars. 

For  printing,  stationery,  office  supplies,  travelling  and 
other  expenses,  a  sum  not  exceeding  twenty  thousand  dol- 
lars. 

For  printing  and  binding  tlie  annual  reports,  a  sum  not 
exceeding  fifty-five  hundred  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  27,  1911. 


Chap.  OS  An  Act  to  establish  a  sitting  of  the  superior  court 

at  ware  for  naturalization  business. 


Sitting  of 
superior 
court  in  the 
town  of 
Ware. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sitting  of  the  superior  court  provided 
by  section  twenty-four  of  chapter  one  hundred  and  fifty- 
seven  of  the  Revised  Laws  to  be  held  at  Northampton  for 
civil  business  on  the  first  Monday  of  June  shall,  on  the  fol- 


Acts,  1911.  — Chaps.  69,  70,  71.  53 

lowing  Wednesday,  be  adjourned  to  and  held  at  Ware  for 
naturalization  business. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  1,  1911. 


An  Act  to  prohibit  the  taking  of  flounders  and  other  (Jjidp^  (39 

GROUND  PISH  BY  CERTAIN  APPARATUS  IN  THE  VICINITY  OF 
PEMBERTON   POINT  AND   PIG   ROCK. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     It  shall  be  unlawful  to  take  flounders  or  Taking  of 
any  other  ground  fish  in  the  waters  lying  inshore  from  a  gro'imdfish 
line  drawn  from  Pemberton  point,  in  the  town  of  Hull,  Pt™'""^''*^*^- 
to  Pig  rock,  in  the  town  of  Swampscott,  by  beam  trawl 
or  by  any  apparatus  other  than  a  hook  and  line  or  an  ordi- 
nary trawl. 

Section  2.     Whoever  violates  any  provision  of  this  act  penalty, 
shall   be  punished   by  a  fine   not  exceeding  two   hundred 
dollars  for  each  offence.  Approved  March  1,  1911. 

An  Act  relative  to  the  service  of  trustee  process  ni^n^    tq 
UPON  foreign  corporations.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

When  a  foreign  corporation  having  a  usual  place  of  busi-  Service  of 
ness  in  this  commonwealth  is  summoned  as  trustee  of  the  proce^s^son 
defendant  in  any  action  brought  under  the  provisions  of  porafionT/ 
section  one  of  chapter  one  hundred  and  eighty-nine  of  the 
Revised  Laws,  and  when  the  defendant  is  an  employee  of 
such  trustee,  service  of  the  writ  may  be  made  upon  any 
paymaster  or  other  officer  or  agent  of  the  corporation  whose 
duty  it  is  to  pay  such  employee,  and  such  service  shall  be 
as  binding  upon  the  corporation  as  if  it  had  been  made 
upon  the  commissioner  of  corporations. 

Approved  March  1,  1911. 

An  Act  to  abolish  the  age  limit  for  admission  to  the  QJiQp^  71 

MONSON   state   HOSPITAL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  fifty-seven  of  chapter  five  hundred  ^^^^'^^^^ 
and  four  of  the  acts  of  the  year  nineteen  hundred  and  nine  amended. 


54 


Acts,  1911.  — Chap.  72. 


Commitment 
of  epileptics, 
etc. 


1909,  504, 
§  58, 
amended. 


Voluntary 
admissions. 


is  hereby  amended  by  striking  out  the  words,  "of  the  age 
of  ten  years  or  over",  in  the  first  hne,  —  so  as  to  read  as 
follows :  —  Section  57.  A  person  who  is  subject  to  epilepsy, 
if  he  is  not  a  criminal,  inebriate  or  violently  insane,  may, 
if  insane,  be  committed  to  the  Monson  state  hospital,  in 
accordance  with  the  provisions  for  the  commitment  of  other 
insane  persons,  or  may,  if  dangerous  to  himself  or  others 
by  reason  of  epilepsy,  be  committed  thereto  in  the  manner 
provided  for  the  commitment  of  dipsomaniacs  and  inebriates. 

Section  2.  Section  fifty-eight  of  said  chapter  five  hun- 
dred and  four  fs  hereby  amended  by  striking  out  the  words 
"of  the  age  of  ten  or  over",  in  the  second  and  third  lines,  — 
so  as  to  read  as  follows:  - —  Section  58.  The  trustees  of  said 
hospital  may  receive  and  detain  therein  as  a  patient  any 
person  certified  to  be  subject  to  epilepsy  by  a  physician 
qualified  as  provided  in  section  thirty-two,  who  desires  to 
submit  himself  to  treatment  and  makes  written  application 
therefor,  and  whose  age  and  mental  condition  are  such  as 
to  render  him  competent  to  make  such  application,  or  for 
whom  application  is  made  by  a  parent  or  guardian.  No 
such  patient  shall  be  detained  more  than  three  months  after 
having  given  notice  in  writing  of  his  intention  or  desire  to 
leave  the  hospital.  Upon  the  patient's  reception  at  the 
hospital,  the  superintendent  shall  report  the  particulars  of 
the  case  to  the  board  of  insanity,  who  may  investigate  the 
same. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  1,  1911. 


Chap.  72  An  Act  authorizing  towns  to  appropri.vte  money  for 

THE   EMPLOYMENT   OF   NURSES. 

Be  it  enacted,  etc.,  as  folhnvs: 

Section  1.  Towns  are  hereby  authorized  to  appropriate 
annually  a  sum  not  exceeding  two  thousand  dollars  for  the 
employment  of  district  or  other  nurses.  The  said  sums 
may  be  expended  directly  by  the  town  through  its  selectmen, 
or  under  the  direction  of  the  board  of  health  when  authorized 
so  to  do  by  the  selectmen. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  1,  1911. 


Towns  may 
appropriate 
money  for 
nurses. 


Acts,  1911.  — Chaps.  73,  74,  75.  55 


An  Act  to  establish  the  salary  of  the  assistant  regis-  (Jhap.  73 

TER    OF    probate    AND    INSOLVENCY    FOR   THE    COUNTY    OF 
WORCESTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  salary  of  the  assistant  register  of  pro-  f^^|^^^^lf 
bate  and  insolvency  for  the  county  of  Worcester  shall  be  probate, 
twenty-three  hundred  dollars  a  year,  to  be  so  allowed  from  coun'ty, 
the  first  day  of  January  in  the  current  year.  salary. 

Section  2.     So  much  of  any  act  as  is  inconsistent  here-  Repeal, 
with  is  hereby  repealed. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  1,  1911. 


An  Act  relative  to  the  annual  report  of  the  director  (JJiap,  74 

OF    THE    BUREAU    OF    STATISTICS    ON    THE    FINANCIAL    STA- 
TISTICS  OF   CITIES   AND   TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  three  of  chapter  three  hundred  and  ^"""f'- 
seventy-one  of  the  acts  of  the  year  nineteen  hundred  and  director  of 
nine  is  hereby  amended  by  striking  out  the  words  "of  the  statistics. 
report  on  the  financial  statistics  of  cities  and  towns,  four 
thousand  copies,  of  which  three  thousand  shall  be  for  the 
use  of  the  bureau",  and  inserting  in  place  thereof  the  words: 
—  of  the  report   on   the   statistics   of  municipal   finances, 
seven  thousand  copies,  of  which  six  thousand  shall  be  for 
the  use  of  the  bureau. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  1,  1911. 

An  Act  relative  to  the  placing  of  s>pecial  assessments  (Jhaj).  75 

ON  TAX  BILLS. 

Be  it  enacted,  etc.,  as  follows: 

All  apportioned  special  assessments  and  all  other  assess-  special 
ments  on  real  estate  constituting  a  lien  thereon,  for  which  ortaxbiusf 
such  real  estate  might  be  sold,  shall  be  placed  on  the  annual 
tax  bill  for  the  real  estate.        Approved  March  1,  1911. 


56 


Acts,  1911.  — Chaps.  76,  77,  78. 


Appointment, 
etc.,  of  fence 
viewers  of 
the  city  of 
Boston. 


Chap.  76  An  Act  relative  to  the  appointment  and  duties  of 

FENCE   VIEWERS   IN   THE   CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,  The  fence  viewers  in  the  city  of  Boston  shall 
hereafter  be  two  inspectors  in  the  building  department  of 
the  city,  to  be  designated  by  the  mayor,  and  the  inspectors 
so  designated  shall  have  the  powers  and  perform  the  duties 
of  fence  viewers  in  said  city,  as  now  provided  by  law.  The 
said  inspectors  shall  be  empowered  to  collect  such  fees  as 
are  allowed  by  law  to  fence  viewers,  and  all  fees  so  collected 
shall  be  paid  into  the  treasury  of  the  city. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  1,  1911. 

An  Act  relative  to  storage  warehouses. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Proprietors  of  storage  warehouses  shall  fur- 
nish to  the  licensing  authorities  of  any  city  or  town,  upon 
request  of  said  authorities,  the  names  of  all  persons,  firms 
or  corporations  storing  liquor  in  their  warehouses,  and  this 
information  shall  be  for  the  use  of  the  licensing  authori- 
ties only. 

Section  2.  Proprietors  of  storage  warehouses  who  refuse 
or  neglect  to  furnish  information  as  specified  in  section  one 
shall  be  punished  by  a  fine  of  fifty  dollars. 

Approved  March  1,  1911. 

Chcvp.  78  An  Act  relative  to  town  meetings  in  the  town  of 

PEABODY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  No  action  shall  be  taken  at  any  town  meet- 
ing in  the  town  of  Peabody  appropriating  or  involving  the 
expenditure  of  money,  the  creating  of  a  debt,  or  the  dis- 
posal of  any  town  property,  until  the  proposed  action  has 
been  submitted  to  the  finance  committee,  and  roi)ort  made 
thereon. 

Section  2.  Whenever  the  warrant  for  any  town  meet- 
ing contains  any  article  or  articles  proposing  the  appropria- 
tion or  expenditure  of  money,  the  creation  of  a  town  debt 
or  the  sale  of  any  town  property,  the  selectmen  shall,  six 
days  at  least  before  the  day  named  in  the  warrant  for  hold- 


ChajJ.  77 


Names  of 
persons,  etc., 
storing  liquor 
in  ware- 
houses to  be 
furnished  to 
the  licensing 
authorities. 


Town  meet- 
in  g.s  in  the 
town  of 
Peabody. 


Duties  of 
finance  com- 
mittee in  cer 
tuin  caseu. 


Acts,  1911.  — Chap.  78.  57 

ing  such  town  meeting,  transmit  to  the  finance  committee 
a  copy  of  said  article  or  articles,  and  the  finance  committee 
shall  thereupon  meet  and,  on  the  organization  of  such  town 
meeting,  make  report  thereon  to  the  town. 

Section  3.  Whenever  any  question  is  brought  before  vote  to  be 
the  town  meeting  involving  the  raising,  paying  or  appro-  baUot  etc. 
priating  of  money,  the  disposal  of  any  property  of  the  town 
or  any  interest  therein,  or  in  any  way  creating  a  town  debt 
or  expenditure,  the  vote  upon  such  question  shall  be  taken 
by  ballot,  if,  before  the  main  question  is  put  to  vote,  ten 
legal  voters  shall  so  request;  the  ballot  to  be  prepared  and 
voting  booths  used  as  in  the  Australian  ballot  system. 

SectIon  4.  The  recommendation  of  the  finance  or  other  Recommen- 
committee  upon  any  such  question  shall  be  divided  into  divided,  etc.^ 
separate  propositions  whenever  it  seems  to  the  committee 
desirable  so  to  do,  and  the  town  may  still  further  divide  the 
propositions  submitted  by  the  committee.  These  propo- 
sitions in  such  form  as  the  town  may  decide,  shall  be  placed 
upon  the  ballot.  One  alternative  proposition  under  each 
division  of  the  subject,  shall,  if  the  town  so  votes,  be  placed 
along  with  that  submitted  by  the  committee. 

Section  5.    The  ballot  as  presented  to  the  voter  shall  ban"t"^ 
have  provided  a  place  for  voting  Yes  or  No  against  each 
appropriation  or  procedure  under  each  division  of  the  sub- 
ject. 

The  order  of  printing  upon  the  ballot  shall  be :  — 

1.  The  proposition  of  the  committee. 

2.  Any  alternative  proposition  which  the  town  has  directed 
to  be  made. 

3.  A  provision  to  negative  any  procedure,  payment  or 
appropriation. 

Section  6.     The  preparation  and  printing  of  the  ballot  Preparation 
shall  be  under  the  direction  of  the  town  clerk.     No  propo- 
sition shall  become  effective  except  by  a  majority  vote. 

Section  7.  When  all  the  articles  in  the  warrant  have  Adjournment 
been  considered,  an  adjournment  shall  be  made  of  at  least  "  ™^^  '°^* 
three  days,  and  at  the  adjourned  meeting  the  first  business 
shall  be  to  ballot  upon  the  articles  that  require  the  ballot. 
If  any  item  of  ordinary  expenditure  fails  to  be  provided  for 
by  this  ballot,  the  matter  shall  still  be  before  the  town  for 
further  consideration,  and  in  an  amended  form  may,  on 
demand  of  ten  legal  voters,  again  be  submitted  to  vote  by 
ballot.  In  this  case  as  before,  adjournment  shall  be  had 
for  at  least  three  days. 


58 


Acts,  1911.  — Chap.  79. 


Time  in 
which  polls 
shall  be  kept 
open. 


Number  of 

voters 
required  to 
be  present. 


Certain  vote 
to  be  taken 
by  a  Yes  and 
^fo  ballot. 


Proviso. 


Reconsidera- 
tion of  vote. 


Section  8.  At  the  meeting  designated  for  taking  the 
ballot  the  polls  shall  be  kept  open  for  such  time  as  the  town 
may  direct,  but  not  less  than  four  hours,  two  hours  of  which 
shall  be  before  sundown. 

Section  9.  No  vote  shall  be  passed  appropriating  or 
involving  the  expenditure  of  money  at  any  town  meeting 
other  than  the  annual  meeting,  unless  there  shall  be  at  least 
one  hundred  legal  voters  present  and  voting  in  favor  of 
such  appropriation  or  expenditure. 

Section  10.  Whenever  any  question  is  brought  before 
the  town  meeting  involving  the  raising,  paying  or  appropriat- 
ing of  money,  the  disposal  of  any  property  of  the  town,  or 
any  interest  therein,  or  in  any  way  creating  a  town  debt  or 
expenditure  the  vote  upon  such  question  shall  be  taken  at 
said  meeting  by  a  printed  Yes  or  No  ballot,  the  check  list 
being  used,  if  three  or  more  legal  voters  so  request:  ^provided, 
however,  that  this  method  of  voting  shall  not  be  employed 
if  ten  or  more  legal  voters  request  that  the  proposition  be 
placed  upon  the  ballot  as  provided  in  sections  two  to  eight, 
inclusive,  of  this  act. 

Section  U.  No  vote  relative  to  the  raising,  paying  or 
appropriating  of  money  shall  be  reconsidered  in  town 
meeting  by  any  less  number  of  votes  than  were  present  at 
the  former  consideration  of  the  same.  And  in  order  to 
ascertain  the  number  rightly,  the  moderator  shall,  when 
any  money  matter  is  first  considered  and  voted  upon  in 
town  meeting,  count  the  number  of  votes,  and  the  town  clerk 
shall  make  a  proper  minute  or  memorandum  thereof,  and, 
as  soon  as  can  conveniently  be  done,  shall  enter  the  same  in 
the  town  books  for  reference  as  occasion  may  require. 

Section  12.     This  act  shall  take  effect  upon  its  passage. 

Approved  March   1,   1011. 


Chap.  79  An  Act  to  incorporate  the  trustees  of  the  heard 

FUND   of  the    IPSWICH    PUBLIC    LIBRARY. 


Tru.stees  of 
the  Heard 
Fund  of  the 
Ipswich  Pub- 
lic Library 
incorporated. 


Be  it  enacted,  etc.,  a^  follows: 

Section  1.  Joseph  F.  "Ross,  Thomas  II.  Lord  and  John 
Heard,  trustees  under  the  will  of  Augustine  Heard,  deceased, 
and  holding  property,  real  and  personal,  under  said  will, 
for  the  purpose  of  maintaining  a  free  public  library  in  the 
town  of  Ipswich,  and  their  succt^ssors  in  said  trust,  are  hereby 
made  a  corporation  under  the  name  of  Trustees  of  the  Heard 


Acts,  1911.  — Chap.  80.  59 

Fund  of  the  Ipswich  Public  Library,  with  all  the  powers  and 
privileges  and  subject  to  all  the  duties,  restrictions  and 
liabilities  set  forth  in  all  general  laws  now  or  hereafter  in 
force  applicable  to  such  corporations. 

i     Section  2.    The  said  corporation  may  hold  real  and  per-  May  hold 
sonal  property  for  the  purpose  aforesaid  to  the  amount  of  lona^prop^^" 
one  hundred  thousand  dollars.     All  gifts,  devises,  bequests  erty.etc 
and  grants  to  said  corporation  shall  be  devoted  to  the  said 
purpose,  and  used  In  conformity  with  and  held  upon  the 
terms  upon  which  such  gifts,  devises,  bequests  or  grants 
have  been  or  may  hereafter  be  made:    provided,  that  the  Proviso, 
terms  are  not  Inconsistent  with  the  provisions  of  this  act. 
Section  3.    This  act  shall  take  effect  upon  Its  passage. 

Approved  March  1,  1911. 


An  Act  to  incorporate  the  trustees  of  the  treadwell  (JJiap.  80 

FUND   OF  THE   IPSWICH   PUBLIC   LIBRARY. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     Joseph   F.    Ross,   Thomas   H.   Lord,   John  Trustees  of 
Heard  and  the  pastor  of  the  First  Congregational  church  Fimdof th7 
of  Ipswich  and  the  principal  of  the  high  school  in  Ipswich,  ,Vc  ubr^aS''' 
the  last  two,  ex  officio,  trustees  under  the  will  of  Daniel  incorporated. 
Treadwell,  deceased,  and  holding  property,  real  and  per- 
sonal, under  said  will,  for  the  purpose  of  maintaining  a 
free  public  library  In  the  town  of  Ipswich,  and  their  successors 
in  said  trust,  are  hereby  made  a  corporation  under  the  name 
of  Trustees  of  the  Treadwell  Fund  of  the  Ipswich  Public 
Library,  with  all  the  powers  and  privileges  and  subject  to 
all  the  duties,  restrictions  and  liabilities  set  forth  in  all 
general  laws  now  or  hereafter  In  force  applicable  to  such 
corporations. 

Section  2.     The  said  corporation  may  hold  real  and  per-  May  hold 
sonal  property  for  the  purpose  aforesaid  to  the  amount  of  sonafprop^' 
one  hundred  thousand  dollars.     All  gifts,  devises,  bequests  ^''ty'^tc 
and  grants  to  the  corporation  shall  be  devoted  to  the  said  . 
purpose,  and  used  in  conformity  with  and  held  upon  the 
terms  upon  which  such  gifts,  devises,  bequests  or  grants 
have  been  or  may  hereafter  be  made:    provided,  that  the  Proviso, 
terms  are  not  Inconsistent  with  the  provisions  of  this  act. 

Section  3.    This  act  shall  take  effect  upon  Its  passage. 

Approved  March  1,  1911. 


60 


Acts,  1911.  —  Chaps.  81,  82. 


Chap.  81     An  Act  relative  to  certified  public  accountants. 


1909,  399, 
§  2. 
amended. 


Examination 
of  applicants. 


Be  it  enacted,  etc.,  as  follows: 

Section  two  of  chapter  three  hundred  and  ninety-nine  of 
the  acts  of  the  year  nineteen  hundred  and  nine  is  hereby 
amended  by  striking  out  the  words  "for  each  certificate", 
in  the  sixth  and  seventh  Hues,  so  as  to  read  as  follows:  — 
Section  2.  The  said  commissioner  shall  examine  any  citizen 
of  the  United  States  resident  in  the  commonwealth  and  not 
less  than  twenty-one  years  of  age,  who  may  apply  for  such 
a  certificate,  shall  investigate  his  character  and  fitness  and 
shall  require  the  payment  of  such  a  reasonable  and  fixed 
fee,  not  exceeding  twenty-five  dollars,  as  may  be  necessary 
in  his  opinion  to  carry  out  the  provisions  of  this  act. 

Approved  March  1,  1911. 


Investigation 
of  commis- 
sions, depart- 
ments, etc. 


Chaj).  82  An  Act  to  authorize  the  governor  to  obtain  certain 

information. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  governor  is  hereby  authorized  to  employ 
such  persons  as  he  may  deem  proper  to  make  such  investi- 
gation of  any  of  the  commissions,  departments  or  institu- 
tions of  the  commonwealth  as  he  believes  is  necessary  to 
enable  him  to  carry  out  the  provisions  of  chapter  two  hun- 
dred and  twenty  of  the  acts  of  the  year  nineteen  hundred 
and  ten.  Such  persons  shall  report  in  writing  to  the  governor, 
and  copies  of  every  report  shall,  at  the  same  time,  be  sent  by 
said  persons  to  the  governor's  council  and  to  the  joint  com- 
mittee on  ways  and  means  of  the  general  court.  For  this 
purpose  the  governor  may  expend  such  sums  out  of  the 
amount  authorized  by  chapter  five  hundred  and  forty-nine 
of  the  acts  of  the  year  nineteen  hundred  and  eight  as  may 
be  approved  by  the  governor  and  council. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  2,  1911. 


Report. 


Expendi- 
tures. 


Acts,  1911.  — Chap.  83.  61 


An  Act  to  authorize  the  granting  of  licenses  for  the  (Jhap.  83 

SALE  OF  intoxicating  LIQUORS  OF  THE  SAME  CLASS  AS 
those  which  expire  by  OPERATION  OF  LAW  OR  ARE  SUR- 
RENDERED AND  CANCELLED,  IN  PLACES  OTHER  THAN  WHERE 
SAID    LICENSES   WERE    ORIGINALLY    GRANTED. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .  Section  twenty  of  chapter  one  hundred  of  '^■^- 1^^' 
the  Revised  Laws,  as  amended  by  chapter  one  hundred  amended.' 
and  seventy-one  of  the  acts  of  the  year  nineteen  hundred 
and  two,  and  by  chapter  two  hundred  and  six  of  the  acts 
of  the  year  nineteen  hundred  and  five,  is  hereby  further 
amended  by  striking  out  the  words  "and  not  transferred", 
in  the  fourth  Hne,  and  by  striking  out  the  words  "for  the 
same  place",  in  the  twelfth  line,  so  as  to  read  as  follows: 
—  Section  20.  If  a  licensee  dies  before  the  expiration  of  ^ly  be*'^°^^ 
the  term  of  his  license,  or  if  a  license  has  been  surrendered  'ssued  in 
and  cancelled,  the  board  or  authority  issuing  the  license 
may  issue  another  such  license  of  the  same  class,  and  the  two 
licenses  shall  count  as  one  license ;  and  said  board  or  authority 
shall  require  as  a  license  fee  for  such  second  license  a  part 
of  the  license  fee  required  therefor  for  the  whole  year  pro- 
portionate to  the  unexpired  term  of  the  license.  Said  board  HcYnse^fee 
or  authority  may  in  its  discretion,  in  cases  where  two  licenses  f^^^l  ""l^^ 
of  the  same  class  have  been  issued  in  the  same  year,  give 
a  certificate  to  the  party  to  whom  the  first  license  v»'as  issued, 
or,  in  case  of  his  death,  to  his  administrator  or  executor,  stating 
that  a  part  of  the  fee  paid  therefor  proportionate  to  the  unex- 
pired term  of  the  license  is  to  be  refunded  to  such  party,  or 
to  such  administrator  or  executor,  by  the  treasurer  of  the  city 
or  town  from  the  fees  thereafter  received  by  said  treasurer 
for  licenses  to  sell  intoxicating  liquors.  Said  treasm-er  shall 
comply  with  the  requirements  of  such  certificate,  and  shall 
retain  one  quarter  of  the  amount  so  paid  from  any  money 
thereafter  due  from  him  or  the  city  to  the  commonwealth 
on  account  of  licenses  to  sell  intoxicating  liquors.  If  a 
licensee  dies  before  the  expiration  of  the  term  of  his  license, 
the  city  or  town  by  which  it  was  granted  may  refund  to  his 
executor  or  administrator  a  part  of  the  license  fee  propor- 
tionate to  the  unexpired  term  of  the  license,  and  the  pro- 
portionate part  of  the  percentage  which  has  been  paid  to 
the  commonwealth  shall  be  refunded  to  the  city  or  town. 


62 


Acts,  1911.  — Chaps.  81,  85,  86. 


Section  2.  This  act  shall  take  effect  upon  its  passage 
and  shall  apply  to  licenses  granted  in  the  year  nineteen 
hundred  and  eleven  as  well  as  to  all  licenses  granted  there- 
after. Approved  March  2,  1911. 


Chap.  84      An  Act  relative  to  the  punishment  of  robbery. 

Be  it  enacted,  etc.,  as  follows: 

Section  seventeen  of  chapter  two  hundred  and  seven  of 
the  Revised  Laws  is  hereby  amended  by  adding  at  the  end 
thereof  the  words :  —  or  for  any  term  of  years,  —  so  as  to 
read  as  follows:  —  Section  17.  Whoever,  being  armed  with 
a  dangerous  weapon,  assaults  another  and  robs,  steals  and 
takes  from  his  person  money  or  other  property  which  may 
be  the  subject  of  larceny,  with  intent  if  resisted  to  kill  or 
maim  the  person  robbed,  or,  being  so  armed,  wounds  or 
strikes  the  person  robbed,  shall  be  punished  by  imprison- 
ment in  the  state  prison  for  life  or  for  any  term  of  years. 

Approved  March  2,  1911. 


R.  L.  207, 
§  17, 
amended. 


Punishment 
of  robl)ery 
in  certain 
cases. 


R.  T>.  152 
§  39, 
amended. 


Penalty  for 
advertising 
for  divorce 
business. 


Chap.  85    An  Act  to  prohibit  advertising  for  divorce  business. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  thirty-nine  of  chapter  one  hundred 
and  fifty-two  of  the  Revised  Laws  is  hereby  amended  by 
striking  out  the  words  "not  being  duly  admitted  as  an 
attorney-at-law  in  this  commonwealth",  in  the  first  and 
second  lines,  so  as  to  read  as  follows :  —  Section  39.  Who- 
ever writes,  prints  or  publishes,  or  solicits  another  to  write, 
print  or  publish,  any  notice,  circular  or  advertisement  solic- 
iting employment  in  the  business  of  procuring  divorces  or 
offering  inducements  for  the  purpose  of  procuring  such  em- 
ployment shall  be  punished  as  provided  in  the  prec  ding 
section. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  2,  1911. 

Chap.  86  An  Act  to  authorize  the  town  of  stoughton  to  con- 
struct A  SYSTEM  OF  SEWERAGE. 

Be  it  enacted,  etc.,  as  follows: 

Section  I.  The  town  of  Stoughton  is  hereby  authorized 
to  lay  out,  construct,  maintain  and  oj)erate  a  system  or 
systems  of  main  drains  antl  common  sewers  for  a  part  or 


The  town  of 
Stoughton 
may  con- 
struct  a 
system  of 


Acts,  1911.  — CiiAr.  86.  63 

tlie  whole  of  its  territory,  with  such  connections  and  other  sewerage, 
works  as  may  be  required  for  a  system  of  sewage  disposal;  *^'''' 
and,  for  the  purpose  of  providing  better  surface  or  other 
drainage,  guarding  against  pollution  of  waters,  and  other- 
wise protecting  the  public  health,  may  lay,  make  and  main- 
tain such  main  drains  as  it  deems  best.  For  the  purposes 
aforesaid  the  town  may  within  its  limits  deepen,  widen  and 
clear  of  obstruction  any  brook,  stream  or  water  course,  and 
may  straighten  or  alter  the  channels  or  divert  the  waters 
thereof,  and  may  lay,  make  and  maintain  subdrains,  and, 
with  the  approval  of  the  state  board  of  health,  discharge 
the  water  into  any  brook,  stream  or  water  course  within  the 
town. 

Section  2.     The  town  shall  elect  a  board  of  three  com-  Sewer  com- 
missioners, to  be  called  sewer  commissioners,  who  shall  be  eiection!"^^' 
citizens  and  residents  of  the  town,  and  shall  be  elected  by  terms,  etc. 
ballot  at  a  special  meeting  or  at  an  annual  meeting  of  the 
town,  one  commissioner  to  hold  office  for  one  year,  one  for 
two  years  and  one  for  three  years,  respectively,  from  the 
date  of  the  annual  town  meeting  at  which  he  is  elected  or 
which  follows  the  special  meeting  at  which  he  is  elected, 
and  until  his  successor  is  chosen  and  qualified;   and  at  each 
annual  town  meeting  thereafter  the  town  shall  elect  one 
member  of  the  board  to  serve  for  three  years  or  until  his 
successor  is  elected  and  qualified.     If  a  vacancy  occurs  in 
the  board  the  town  may  at  a  meeting  called  for  the  purpose 
elect  a  person,  qualified  as  aforesaid,  to  fill  the  vacancy. 

Section  3.  The  said  board  of  sewer  commissioners,  act-  May  acquire 
ing  in  behalf  of  the  town,  shall  have  power  to  take,  or  acquire  o'f"wky,'^e'tc! 
by  purchase  or  otherwise,  any  lands  in  fee  and  any  water 
rights,  rights  of  way  and  easements  in  said  town,  public  or 
private,  necessary  for  any  of  the  purposes  mentioned  in  this 
act,  and  may  construct  within  the  town  such  main  drains 
and  sewers  under  or  over  any  water  course,  bridge,  aque- 
duct, conduit,  railroad,  railway  or  way,  or  within  the  loca- 
tion of  any  railroad  or  railway,  and  may  enter  upon  and  dig 
up  and  excavate  any  private  land,  street  or  way,  or  railroad 
or  railway  location,  for  the  purpose  of  laying  such  main 
drains  and  sewers,  and  maintaining  and  repairing  the  same, 
and  may  do  any  other  thing  necessary  or  proper  for  the  pur- 
poses of  this  act:  provided,  however,  that  said  board  shall  Proviso, 
not  take  in  fee  any  land  of  a  railroad  corporation,  and  that 
they  shall  not  enter  upon  or  construct  any  drains  or  sewers 
within  the  location  of  any  railroad  corporation,  except  at 


64 


Acts,  1911.  — Chap.  86. 


Description 
of  land,  etc., 
taken  to  be 
recorded. 


Damages. 


Town  may 
offer  a  spe- 
cified S\1IU 
for  damages, 
etc. 


Apportion- 
ment of  cost. 


Proviso. 


such  time  and  in  such  manner  as  they  may  agree  upon  with 
such  corporation,  or,  in  case  of  failure  to  agree,  as  may  be 
approved  by  the  board  of  railroad  commissioners. 

Section  4.  Said  board  of  sewer  commissioners  in  order 
to  take  any  lands  in  fee,  water  rights,  rights  of  way  or  ease- 
ments, shall  cause  to  be  recorded  in  the  registry  of  deeds 
for  the  county  of  Norfolk  a  statement  signed  by  a  majority 
of  the  board,  containing  a  description  thereof  as  certain  as 
is  required  in  a  conveyance  of  land,  and  specifying  that  the 
same  are  taken  under  authority  of  this  act;  and  upon  such 
recording  the  title  to  the  land,  water  rights,  rights  of  way 
or  easements  described  in  such  statement  shall  vest  in  the 
town  of  Stoughton,  which  shall  pay  all  damages  therefor 
and  all  other  damages  sustained  by  any  person  or  corpora- 
tion through  any  action  of  said  board  under  this  act.  Said 
board  at  the  time  of  such  taking  shall  notify  the  owners 
thereof  in  writing,  and  may  agree  with  any  person  or  corpora- 
tion injured  hereunder  upon  the  damages  sustained  by  such 
person  or  corporation;  and  if  the  damages  are  not  agreed 
upon,  a  jury  in  the  superior  court  for  said  county  may  be 
had  to  determine  the  same,  upon  petition  of  either  party, 
in  the  manner  provided  by  law  for  determining  the  damages 
for  land  taken  for  the  laying  out  of  highways;  but  in  the  case 
of  a  taking  no  suit  or  petition  shall  be  brought  after  the 
expiration  of  two  years  from  the  date  of  the  recording  of 
the  taking  as  herein  provided;  and  in  all  other  cases  no 
suit  or  petition  shall  be  brought  after  the  expiration  of  two 
years  from  the  time  when  the  cause  of  action  accrues. 

Section  5.  In  every  case  of  a  petition  for  the  assess- 
ment of  damages  or  for  a  jury  the  town  may  at  any  time 
file  in  the  office  of  the  clerk  of  the  court  an  offer  in  writing 
to  pay  the  petitioner  a  sum  therein  specified  as  damages; 
and  if  the  petitioner  does  not  accept  the  same  within  thirty 
days  after  notice  of  such  offer,  and  does  not  finally  recover 
a  sura  greater  than  that  offered,  not  including  interest  from 
the  date  of  the  offer  on  the  sum  so  recovered,  the  town  shall 
recover  costs  from  the  date  of  such  notice,  and  the  petitioner 
shall  be  entitled  to  costs  only  to  such  date. 

Section  0.  The  town  of  Stoughton  shall  by  vote  deter- 
mine what  proportion  of  the  cost  of  said  system  or  systems 
of  sewerage  and  sewage  disposal  the  town  shall  pay:  pro- 
vided, that  it  shall  ])ay  not  less  than  one  third  nor  more 
than  one  half  of  the  whole  cost.  In  providing  for  the  pay- 
ment of  the  remaining  portion  of  the  cost  of  said  system 


Acts,  1911.  — Chap.  86.  65 

or  systems  the  town  may  avail  itself  of  any  or  all  of  the 
methods  permitted  by  general  laws,  and  at  the  same  meet- 
ing at  which  it  determines  the  proportion  of  the  cost  which 
is  to  be  borne  by  the  town,  it  may  by  its  vote  determine 
by  which  of  the  methods  permitted  by  general  laws  the 
remaining  portion  of  said  cost  shall  be  provided  for.  In 
case  it  determines  that  such  remaining  portion  of  said  cost 
is  to  be  provided  for,  wholly  or  in  part,  by  assessment  upon 
the  owners  of  estates  situated  within  the  territory  embraced 
by  said  system  or  systems  and  benefited  thereby,  then  the 
owners  of  such  estates  shall  be  assessed  by  said  board  of 
sewer  commissioners  their  proportional  parts,  respectively, 
of  such  portion  of  said  cost  as  said  town  shall  have  deter- 
mined is  to  be  provided  for  by  assessment,  but  no  estate 
shall  be  deemed  to  be  benefited  until  a  sewer  is  constructed 
into  which  it  can  be  drained.  For  the  purpose  of  fixing  vaiueof 
the  amount  of  such  assessments  the  said  board  shall  deter-  determined^ 
mine  the  value  of  the  special  benefit  to  each  of  said  estates, 
respectively,  from  the  said  system  or  systems  of  sewers,  tak- 
ing into  account  all  the  circumstances  of  the  case;  and  the 
proportionate  part  to  be  paid  by  the  owners  of  said  estates, 
respectively,  shall  be  based  upon  the  amount  of  the  special 
benefit  to  each  estate,  determined  as  aforesaid;  and  every 
such  owner  shall,  within  three  months  after  written  notice 
of  such  assessment,  served  on  hiin  or  on  the  occupant  of 
his  estate,  or  sent  by  mail  to  the  last  address  of  such  owner 
known  to  said  board  of  sewer  commissioners,  pay  the  sum 
so  assessed  to  the  collector  of  taxes  of  said  town;  provided,  Provisos. 
that  said  board  shall,  on  the  written  request  of  any  such 
owner  made  within  the  said  three  months,  apportion  such 
assessment  into  ten  equal  parts  or  assessments;  and  said 
board  shall  certify  such  apportionment  to  the  assessors  of 
the  town,  and  one  of  said  parts  or  installments,  with  interest 
from  the  date  of  the  apportionment  at  six  per  cent  per 
annum,  shall  be  added  by  the  assessors  to  the  annual  tax 
on  such  estate  for  each  year  next  ensuing,  until  all  of  said 
parts  have  so  been  added,  unless  sooner  paid  as  hereinafter 
provided,  and  yrovided,  further,  that  nothing  herein  con- 
tained shall  be  construed  to  prevent  the  payment  at  any 
time  in  one  payment,  notwithstanding  its  prior  apportion- 
ment, of  any  balance  of  said  assessments  then  remaining 
unpaid,  but  interest  on  such  balance  at  the  rate  of  six  per 
cent  per  annum  shall  be  paid  to  the  date  of  such  payment, 
and  thereupon  the   collector  of  taxes  of  said  town  shall 


66 


Acts,  1911.  — Chap.  86. 


Assessments 
to  constitute 
a  lien  upon 
estates,  etc. 


Person  ag- 
grieved may 
apply  for  a 
jury,  etc. 


Stoughton 
Sewerage 
Loan,  Act 
of  1911. 


receive  the  same  and  shall  certify  such  payment  or  pay- 
ments to  the  assessors  who  shall  preserve  a  record  thereof. 
In  ease  of  corner  lots  and  lots  abutting  on  more  than  one 
sewered  street  the  same  area  shall  not  be  assessed  more 
than  once. 

Section  7.  An  assessment  made  under  the  provisions 
of  section  six  shall  constitute  a  lien  upon  the  estate,  which 
shall  continue  for  three  years  after  it  is  made  and  notice 
served  as  above  provided,  or  in  case  of  apportionment,  until 
the  expiration  of  two  years  from  the  time  when  the  last 
installment  is  committed  to  the  collector  of  taxes;  and  said 
assessment,  if  not  paid  within  three  months  after  service 
of  said  notice,  or,  if  apportioned,  within  three  months  after 
any  part  has  become  due,  may,  together  with  interest  thereon 
at  the  rate  of  six  per  cent  per  annum,  with  incidental  costs 
and  expenses,  be  levied  by  the  collector  by  sale  of  such 
estate,  or  so  much  thereof  as  shall  be  sufficient  to  discharge 
the  assessment  and  interest  and  intervening  charges.  Such 
sale  and  all  proceedings  connected  therewith  shall  be  con- 
ducted in  the  same  manner  as  sales  for  the  non-payment 
of  taxes;  and  real  estate  so  sold  may  be  redeemed  the  same 
as  if  sold  for  the  non-payment  of  taxes,  and  in  the  same 
manner.  Such  assessments  or  parts  thereof  may  also  be 
collected  by  an  action  of  contract  in  the  name  of  the  town 
of  Stoughton  against  the  owner  of  the  estate,  brouglit  at 
any  time  within  three  years  after  the  same  have  become 
due. 

Section  8.  Any  person  aggrieved  by  such  assessment 
may  at  any  time  within  three  months  after  service  of  the 
notice  mentioned  in  section  six  of  this  act  apply  to  the 
superior  court  of  said  county  for  a  jury  to  revise  the  same, 
but  before  making  such  api)lication  he  shall  give  fourteen 
days'  notice  in  writing  of  his  intention  so  to  do  to  the  said 
board  of  sewer  commissioners,  and  shall  therein  particularly 
specify  his  objection  to  the  assessment,  to  which  specifica- 
tion he  shall  be  confined  before  the  jury. 

Section  9.  The  town  of  Stoughton,  for  the  purpose  of 
paying  the  necessary  expenses  and  liabilities  incurred  under 
this  act,  may  incur  indebtedness  to  an  amoimt  not  exceed- 
ing one  hundred  thousand  dollars,  and  may  is.sue  from  time 
to  time  therefor  bonds  or  notes;  and  the  debt  and  loans 
authorized  by  this  act  and  the  bonds  or  notes  issued  there- 
for shall  not  be  reckoned  in  determining  the  statutory  limit 
of  indebtedness  of  the  town.     Such  bonds  or  notes  shall 


Acts,  1911.  — Chap.  86.  67 

bear  on  their  face  the  words,  Stoughtoii  Sewerage  Loan, 
Act  of  1911,  shall  be  payable  within  periods  not  exceeding 
forty  years  from  the  dates  of  issne,  and  shall  bear  interest 
pa}'able  semi-annually  at  a  rate  not  exceeding  four  per  cent 
per  annum.  They  shall  be  signed  by  the  treasurer  of  the 
town  and  countersigned  by  a  majority  of  the  selectmen. 
The  town  may  from  time  to  time  sell  such  securities,  or  any 
part  thereof,  at  public  or  private  sale,  but  they  shall  not 
be  sold  for  less  than  their  par  value.  The  proceeds  thereof 
shall  be  retained  in  the  treasury  and  the  treasurer  shall, 
upon  the  order  of  said  board  of  sewer  commissioners,  pay 
therefrom  the  expenses  incurred  for  the  purposes  afore- 
said. 

Section  10.     The  town  shall  at  the  time  of  authorizing  Pajonentof 
the  said  loan  provide  for  the  payment  thereof  in  such  annual  ^°'^^' 
payments  as  will  extinguish  the  same  within  the  time  pre- 
scribed by  this  act;   and  when  a  vote  to  that  effect  has  been 
passed  the  amount  required  thereby,  less  the  amount  that        • 
may  be  appropriated  therefor  as  provided  in  the  following 
section,  shall  without  further  vote  be  assessed  by  the  assess- 
ors of  the  town  in  each  year  thereafter,  in  the  same  manner 
in  which  other  taxes  are  assessed,  until  the  debt  incurred 
by  the  town  is  extinguished. 

Section  11.  The  receipts  from  sewer  assessments  and  ^*'^rTt1n* "x- 
from  payments  made  in  lieu  thereof,  and  the  premiums,  penses,  etc. 
if  any,  received  from  the  sale  of  bonds  or  notes  issued  under 
authority  of  this  act,  shall  be  applied  by  said  board  to  the 
payment  of  charges  and  expenses  incident  to  the  mainte- 
nance and  operation  of  said  system  of  sewerage,  or  to  the 
extension  thereof,  except  that  the  town  may  apply  any  part 
of  such  receipts  to  the  payment  of  the  interest  upon  bonds 
or  notes  issued  under  authority  of  this  act  and  not  otherwise 
provided  for,  or  to  the  payment  or  redemption  of  such  bonds 
or  notes,  as  the  town  shall  by  vote  determine,  and  the  said 
receipts  shall  be  used  for  no  other  purpose.  If  such  receipts 
shall  not  in  any  year  be  sufficient  for  the  purposes  afore- 
said the  town  shall  raise  forthwith  by  taxation,  in  the  same 
manner  in  which  money  is  raised  and  appropriated  for  other 
town  purposes,  the  balance  required  therefor. 

Section  12.     Said   board   of   sewer   commissioners   shall  cierkand 

.  ,  .  supenn- 

annually  appoint  a  clerk,  and  may  appomt  a  supermtendent  tendent. 
of  sewers,  and  may  remove  said  clerk  or  superintendent  at 
its  pleasure.     The  compensation  of  said  board  shall  be  fixed 
by  the  town. 


68 

Contracts. 


Commis- 
sioners may 
make  rules 
and  regula- 
tions. 


Plans  to  be 
approved  by 
the  state 
board  of 
health,  etc. 


Town  may 
commence 
construction. 


Time  of 
taking  effect. 


Acts,  1911.  — Chap.  86. 

Section  13.  All  contracts  made  by  said  board  shall  be 
made  in  the  name  of  the  town  and  shall  be  signed  by  said 
board,  but  no  contract  shall  be  made  or  obligation  incurred 
by  said  board  for  any  purpose  in  excess  of  the  amount  of 
money  appropriated  by  the  town  therefor. 

Section  14.  Said  board  may  from  time  to  time  prescribe 
rules  and  regulations  for  the  connecting  of  estates  and  build- 
ings with  main  drains  and  sewers,  and  for  the  inspection 
of  the  materials,  the  construction,  alteration  and  use  of  all 
connections  and  drains  entering  into  such  main  drains  or 
sewers,  and  may  impose  penalties  not  exceeding  twenty 
dollars  for  each  violation  of  any  such  rule  or  regulation. 
Such  rules  and  regulations  shall  be  published  not  less  than 
once  a  week  for  three  successive  weeks  in  some  newspaper 
published  in  the  town  of  Stoughton,  if  there  be  any,  and 
if  not  then  in  some  newspaper  published  in  the  county  of 
Norfolk,  and  shall  not  take  effect  until  such  publication 
has  been  made. 

Section  15.  No  act  shall  be  done  under  authority  of 
the  preceding  sections  until  the  plans  for  said  system  of 
sewerage  have  been  approved  by  the  state  board  of  health. 
Upon  application  to  the  state  board  of  health  for  such 
approval  it  shall  give  a  hearing,  after  due  notice  to  the 
public.  At  such  hearing  plans,  showing  in  detail  all  the 
work  to  be  done  in  constructing  said  system  of  sewerage, 
shall  be  submitted  for  the  approval  of  the  state  board  of 
health. 

Section  16.  Until  said  board  of  sewer  commissioners 
shall  have  been  elected  as  i)rovided  in  this  act,  the  town 
may  carry  on  the  construction  of  its  system  of  sewerage  by 
a  duly  authorized  committee  of  the  town,  but  for  a  period 
not  longer  than  until  the  annual  meeting  next  but  one  after 
the  commencement  of  said  work  of  construction.  Said  com- 
mittee shall  serve  without  pay,  and  shall  have  all  the  powers 
and  authority  given  to  said  board  of  sewer  commissioners 
in  this  act  or  by  the  general  laws  relating  to  boards  of  sewer 
commissioners. 

Section  17.  This  act  shall  take  effect  upon  its  passage, 
but  no  expenditure  shall  be  made  and  no  liability  incurred 
hereunder  until  this  act  has  been  accepted  by  vote  of  a 
majority  of  the  voters  of  said  town  voting  thereon  at  a  legal 
meeting  called  for  the  purpose. 

Approved  March  2,  1011. 


Acts,  1911.  — Chaps.  87,  SS,  89.  G9 

An  Act  relative  to  the  filling  of  vacancies  in  trust  Qj^u)    87 

companies. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  eight  of  chapter  one  hiniflred  and  Ri-iie,  §8, 

•  i»i-r>'iT*ii  1  •  amended. 

Sixteen  of  the  Revised  Laws  is  hereby  amended  by  adding 
at  the  end  thereof  the  following:  —  The  board  of  directors 
may  fill,  until  the  next  annual  meeting,  any  interim  vacan- 
cies in  office  that  may  occur,- — so  as  to  read  as  follows: 

—  Section  8.     The  officers  of  such  corporation,  except  the  officers  of 
treasurer  and  actuary,  shall  be  chosen  at  its  annual  meeting,  pantes^how 
The  treasurer  and  actuary  shall  be  appointed  by  the  directors,  chosen. 
shall  hold  their  respective  offices  during  the  pleasure  of  the 

board  of  directors  and  shall  give  bond  to  the  satisfaction 
of  said  board  for  the  faithful  performance  of  their  duties. 
The  board  of  directors  may  fill,  until  the  next  annual  meet- 
ing, any  interim  vacancies  in  office  that  may  occur. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  2,  1911. 

An  Act  relative  to  storage  of  intoxicating  liquors.  Q^ki^    gg 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section   one   of   chapter  two   hundred   and  i^os,  284, 
eighty-four  of  the  acts  of  the  year  nineteen  hundred  and  amended. 
five  is  hereby  amended  by  striking  out  the  words  "fourth 
or  fifth  class",  in  the  second  line,  and  by  inserting  the  word: 

—  first,  —  before  the  word  "approved",  in  the  last  line,  — 

so  as  to  read  as  Mlows:— Section  1.     It  shall  be  lawful  ^^f,^*'',;"^^^'"' 
for  persons  holding  licenses  for  the  sale  of  intoxicating  liquor  store  intoxi- 
to  store  liquor  in  a  public  or  private  warehouse  or  on  other 
premises   not  covered   by  such  license:    provided,  that  no  Proviso, 
liquor  shall  be  delivered  to  a  purchaser  from  such  premises, 
and  that  the  use  of  such  premises  for  that  purpose  shall 
be  first  approved  by  the  officer  or  board  granting  the  license. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  2,  1911. 

An  Act  rel.\tive  to  the  time  of  making  omitted  assess-  (JJiap.  89 

MENTS    OF   TAXES. 

Be  it  enacted,  etc.,  as  follows: 

Section  eighty-five  of  Part  I  of  chapter  four  hundred  and  g^gT'parti 
ninety  of  the  acts  of  the  year  nineteen  hundred  and  nine  amended. 


70 


Acts,  1911.  — Chap.  90. 


is  hereby  amended  by  striking  out  the  word  "fifteenth",  in 
the  fifth  Une,  and  inserting  in  place  thereof  the  word :  — 
tenth,  —  and  by  inserting  after  the  word   "days",  in  the 


Assessment 
of  estates 
omitted  from 
annual  as- 
sessment. 


fifth  fine,  the  words: 
follows :  —  Section  85. 
person,  to  an  amount 
and  liable  to  taxation, 
assessment  of  taxes 


m 


B.  L.  32,  i  73, 
etc.,  amended. 


both  inclusive,  —  so  as  to  read  as 
If  the  real  or  personal  estate  of  a 
not  less  than  one  hundred  dollars 
has  been  omitted  from  the  annual 
a  city  or  town,  the  assessors  shall 
between  the  tenth  and  twentieth  days,  both  inclusive,  of 
December  next  ensuing  assess  such  person  for  such  estate. 
The  taxes  so  assessed  shall  be  entered  on  the  tax  list  of  the 
collector  who  shall  collect  and  pay  over  the  same.  Such 
additional  assessment  shall  not  render  the  tax  of  such  city 
or  town  invalid  although  its  amount,  in  consequence  thereof, 
shall  exceed  the  amount  authorized  by  law  to  be  raised. 

Ayyroved  March  2,  1911. 


Chap.  90  An  Act  relative  to  the  manner  of  distributing  the 

firemen's  relief  fund. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .  Section  seventy-three  of  chapter  thirty-two  of 
the  Revised  Laws,  as  amended  by  chapter  two  hundred  and 
fifty-three  of  the  acts  of  the  year  nineteen  hundred  and  three, 
is  hereby  further  amended  by  inserting  after  the  word  "  same", 
in  the  fifth  line,  the  following :  —  or  while  engaged  in  com- 
pany drills,  when  such  drills  are  ordered  by  the  chief,  acting 
chief  or  board  of  engineers  of  the  fire  department,  or  required 
by  city  or  town  ordinance  or  by-law,  —  so  as  to  read  as 
follows: —  Section  73.  Such  fund  shall  be  used  for  the  relief 
of  firemen,  whether  members  of  said  association  or  not, 
who  may  be  injured  in  the  performance  of  their  duty  at  a 
fire  or  in  going  to  or  returning  from  the  same,  or  while 
engaged  in  company  drills,  when  such  drills  are  ordered  by 
the  chief,  acting  chief  or  board  of  engineers  of  the  fire  dci)art- 
ment,  or  required  by  city  or  town  ordinance  or  by-law, 
and  for  the  relief  of  the  widows  and  children  of  firemen 
killed  in  the  performance  of  such  duty,  in  the  manner  and 
to  the  amount  determined  by  a  board  of  five  persons,  of 
whom  three,  not  members  of  said  association,  shall  be 
ai)p()inted  by  the  governor  in  July  of  the  year  nineteen 
hundred  and  three,  to  serve,  one  for  three  years,  one  for 
two  years  and  one  for  one  year;  and  one  shall  be  appointed 
in  July  of  each  year  thereafter  to  serve  for  the  full  term  of 


Firemen's 
relief  fund, 
distribution, 
etc. 


Acts,  1911.  — Chap.  91.  71 

three  years,  and  two  shall  be  appointed  by  said  association 
in  such  manner  as  it  may  from  time  to  time  determine. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  2,  1011. 

An  Act  to  establish  a  board  of  water  commissioners  (JJian    91 

IN   THE   TOWN   OF   SAUGUS  AND   TO   AUTHORIZE   SAID   TOWN 
TO   EXTEND   ITS  WATER  SYSTEM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  election  heretofore  made  of  water  com-  Election  of 
missioners  by  the  town  of  Saugus  is  hereby  ratified  and  mfssk)ners 
confirmed  and  the  doings  of  the  water  commissioners  so  '■^''fi*'"^'  ^t^- 
elected  are  hereby  confirmed  with  the  same  effect  as  if  the 
election  of  such  commissioners  had  been  authorized  by  law. 
The  water  commissioners  now  in  office  in  the  said  town 
shall  continue  to  hold  office  until  the  expiration  of  their 
terms,  and  shall  perform  the  duties  and  have  the  powers 
of  water  commissioners  as  prescribed  by  general  law  and 
by  this  act.  At  the  next  annual  town  meeting  in  the  said 
town  a  water  commissioner  to  serve  for  the  term  of  three 
years  shall  be  elected  to  fill  the  vacancy  which  will  occur  at 
that  time,  and  thereafter  at  every  annual  town  meeting  one 
such  commissioner  shall  be  elected  by  ballot  for  the  term 
of  three  years.  No  person  shall  be  elected  as  such  commis- 
sioner who  holds  any  other  elective  town  office.  Except  as 
may  otherwise  be  provided  by  law  the  authority  of  the  town 
in  respect  to  its  water  system  and  the  distribution  of  water 
in  the  said  town  shall  be  vested  in  the  board  of  water  com- 
missioners who  shall  be  subject,  however,  to  such  instruc- 
tions and  regulations  as  the  town  may  establish  by  vote. 
Any  vacancy  occurring  in  the  said  board  from  any  cause 
may  be  filled  for  the  unexpired  term  at  any  legal  town  meet- 
ing held  for  the  purpose. 

Section  2.  Said  town  is  hereby  authorized  to  extend  and  suuguf 
improve  its  water  supply  system  and  to  expend  therefor  a  Sof'Jgii' 
sum  not  exceeding  fifty  thousand  dollars,  and  for  that  pur- 
pose may  issue  from  time  to  time  bonds,  notes  or  scrip  to 
an  amount  not  exceeding  fifty  thousand  dollars.  Such  bonds, 
notes  or  scrip  shall  bear  on  their  face  the  words,  Town  of 
Saugus  Water  Loan,  Act  of  1911;  shall  be  payable  at  the 
expiration  of  periods  not  exceeding  thirty  years  from  the 
dates  of  issue,  or  earlier  at  the  option  of  the  town;  shall 
bear  interest  payable  semi-annually  at  a  rate  not  exceeding 


72 


Acts,  1911.  — Chap.  92. 


Paj'raent  of 
loan. 


Commis- 
sioners to 
fix  rates,  etc. 


Time  of 
taking  effect. 


five  per  cent  per  annum;  and  shall  be  signed  by  the  treas- 
urer of  the  town  and  countersigned  by  the  water  commis- 
sioners. The  town  may  sell  the  said  securities  at  public 
or  private  sale  upon  such  terms  and  conditions  as  it  may 
deem  proper,  but  they  shall  not  be  sold  for  less  than  their 
par  value. 

Section  3.  The  town  shall  at  the  time  of  authorizing 
the  said  loan  provide  for  the  payment  thereof  in  such  annual 
proportionate  payments  as  will  extinguish  the  same  within 
the  time  prescribed  in  this  act;  and  when  a  vote  to  that 
effect  has  been  passed,  the  amount  required  thereby  shall 
without  further  vote  be  assessed  by  the  assessors  of  the 
town  in  each  year  thereafter,  in  the  same  manner  in  which 
other  taxes  are  assessed,  until  the  debt  incurred  by  said 
loan  is  extinguished. 

Section  4.  The  w^ater  commissioners  shall  fix  just  and 
equitable  prices  and  rates  for  the  use  of  the  water  and  shall 
prescribe  the  time  and  manner  of  payment.  The  income 
so  derived  shall  be  applied  to  defraying  all  operating  expenses, 
interest  charges  and  payments  on  the  principal  as  they 
accrue  upon  any  bonds,  notes  or  scrip  issued  under  author- 
ity of  this  act.  Said  commissioners  shall  annually  render 
a  report  of  the  works  under  their  charge  and  an  account  of 
their  doings,  including  an  account  of  receipts  and  expenditures. 

Section  5.  This  act  shall  take  effect  upon  its  accept- 
ance by  a  majority  of  the  legal  voters  of  the  town  of  Saugus 
present  and  voting  thereon  at  an  annual  meeting  or  at  a 
legal  meeting  called  for  the  purpose  within  one  year  after 
its  passage;  and  for  the  purpose  of  being  submitted  to  the 
voters  as  aforesaid,  this  act  shall  take  effect  upon  its  passage. 

Approved  March  2,  1911. 


Cliap.  92  An  Act  to  authorize  the  city  of  boston  to  pay  a  sum 

OF  money  to  the  widow  of  CHARLES  DUFFY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Boston  is  hereby  authorized  to 
pay  to  Catharine  Duffy  a  sum  not  exceeding  three  hundred 
and  fifty  dollars  on  account  of  the  death  of  her  husband, 
Charles  I)uff\',  who  died  from  injuries  recei^•ed  while  in  the 
performance  of  his  duties  as  an  eini)l()\ee  of  said  city,  Decem- 
ber seventeenth,  nineteen  hundred  and  eight. 

Section  2.     This  act  shall  take  effect  u])on  its  passage. 

Approved  March  2,  1911. 


The  city  of 
lioston  may 
pay  a  sum 
of  money  to 
Catharine 
Duffy. 


Acts,  1911.  — Chaps.  93,  94.  fB 


An  Act  to  authorize  the  trustees  of  the  thomas  crane  (JjKm^  93 

PUBLIC    LIBRARY    OF    QUINCY    TO    HOLD    PROPERTY    TO    THE 
AMOUNT    OF    TWO    HUNDRED    THOUSAND    DOLLARS. 

Be  it  enacted,  etc.,  as  follows: 
The  Trustees  of   the  Thomas  Crane   PubUc  Library  of  'r'^fj';"?**^''^ 

r\    •  1         •        1  1  Till  "^  ot  the  '1  homas 

Qiiincy  are  hereby  authorized  to  take  and  hold  real  and  Crane  Public 
personal  estate  to  an  amount   not  exceeding  two   hundred  Quincymay 
thousand  dollars,  which  may  be  given,  granted,  conveyed,  pel-sJnai '^"'^ 
bequeathed  or  devised  to  it  and  accepted  by  the  trustees  ^^^^^^-  etc 
for  the  benefit  of  the  public  library  of  the  city  of  Quincy 
or  for  any  purpose  connected  therewith:   provided,  that  both  Proviso. 
the  principal  and  income  thereof  shall  be  appropriated  in 
accordance  with  the  terms  of  the  gift,  devise  or  bequest, 
under  the  direction  of  said  corporation. 

Aiyproved  March  2,  1911. 

An  Act  relative  to  the  payment  of  bonds  issued  by  Chap.  94 

THE  CITY  OF  TAUNTON  FOR  AN  ADDITIONAL  WATER  LOAN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  two  of  chapter  two  hundred  and  forty  1909,240, 
of  the  acts  of  the  year  nineteen  hundred  and  nine  is  hereby 
amended  by  striking  out  the  words  "first  issue  of  any", 
in  the  fourth  line,  and  inserting  in  place  thereof  the  words: 

—  date  of  each  respective  issue,  —  so  as  to  read  as  follows : 

—  Section  2.  Said  city  shall  at  the  time  of  authorizing  ^^J'^ie'it  of 
said  loan  provide  for  the  payment  thereof  in  such  annual 
proportionate  payments,  beginning  not  more  than  five  years 
after  the  date  of  each  respective  issue  of  such  bonds,  notes 
or  scrip,  as  will  extinguish  the  same  within  the  time  pre- 
scribed by  this  act;  and  when  a  vote  to  that  effect  has  been 
passed,  a  sum  which,  with  the  income  derived  from  water 
rates,  will  be  sufficient  to  pay  the  annual  expense  of  operat- 
ing its  water  works  and  the  interest  as  it  accrues  on  the  bonds, 
notes  or  scrip  issued  as  aforesaid,  and  to  make  such  payments 
on  the  principal  as  may  be  required  under  the  provisions 
of  this  act  shall,  without  further  vote,  be  assessed  by  the 
assessors  of  the  city  in  each  year  thereafter,  in  the  same 
manner  in  which  other  taxes  are  assessed,  under  the  provi- 
sions of  section  thirty-seven  of  chapter  twelve  of  the  Revised 
Laws,  until  the  debt  incurred  by  said  loan  is  extinguished. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  2,  1911. 


amended. 


water  loan. 


74 


Acts,  1911.  — Chap.  95. 


The  town  of 
Plymouth 
may  acquire 
shares  of  the 
capital  stock, 
etc.,  of  the 
Plymouth  and 
Sandwich 
Street  Rail- 
way Com- 
pany, etc. 

Provisos. 


Chap.  95  An  Act  to  authorize  the  town  of  Plymouth  to  purchase 

SHARES  OF  THE  CAPITAL  STOCK,  BONDS  AND  NOTES  OF  CER- 
TAIN RAILWAYS  AND  RAILROADS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Plymouth  is  hereby  authorized 
to  subscribe  for,  purchase,  and  hold  shares  of  the  capital 
stock,  bonds  and  notes  of  the  Plymouth  and  Sandwich 
Street  Railway  Company,  or  of  any  railway  or  railroad  or 
electric  railroad  company  authorized  to  construct  a  railway 
or  railroad  between  Plymouth  and  Sandwich,  to  an  amount 
not  exceeding  in  the  aggregate  fifty  thousand  dollars:  yro- 
vided,  that  such  subscription  or  purchase  is  authorized  by  a 
two  thirds  vote  of  the  voters  present  and  voting  thereon  at 
any  legal  town  meeting  called  for  the  purpose  within  five 
years  after  the  passage  of  this  act;  and  provided,  further, 
that  no  such  subscription  or  purchase  shall  be  made  until 
the  board  of  railroad  commissioners  shall  have  been  satisfied 
that  reasonably  sufficient  financial  arrangements  have  been 
made  to  permit  the  completion  of  said  railway,  railroad,  or 
electric  railroad  from  Plymouth  to  Sandwich. 

Section  2.  The  town  of  Plymouth  for  the  purpose  of 
raising  money  to  be  expended  for  the  purposes  aforesaid, 
may  issue  from  time  to  time  bonds,  notes  or  scrip  to  an 
amount  not  exceeding  in  the  aggregate  fifty  thousand 
dollars.  Such  bonds,  notes  or  scrip  shall  bear  on  their  face 
the  words,  Town  of  Plymouth  Railroad  Loan,  Act  of  1911, 
shall  be  payable  at  the  expiration  of  periods  not  exceeding 
thirty  years  from  the  dates  of  issue,  shall  bear  interest 
payable  semi-annually  at  a  rate  not  exceeding  four  per 
cent  per  annum,  and  shall  be  signed  by  the  treasurer  of  the 
town  and  countersigned  by  a  majority  of  the  board  of 
selectmen.  The  town  may  sell  such  seciu-ities  at  jniblic  or 
private  sale  or  pledge  the  same  for  money  borrowed  for  the 
purposes  of  this  act  upon  such  terms  and  coiulitions  as  it 
may  deem  proper,  provided  that  the  securities  shall  not  be 
sold  for  less  than  their  par  value. 

Sec'I'ion  3.  The  town  of  Plymouth  shall  at  the  time  of 
authorizing  said  loan  provide  for  the  payment  thereof  in 
such  annual  payments,  as  nearly  equal  in  amount  as  prac- 
ticable, as  will  extinguish  the  same  within  the  time  pre- 
scribed by  this  act,  and  when  a  vote  to  that  ell'ect  has  been 
passed  a  sum  which,  with  the  income  derivetl  from  the  said 


May  issue 
bonds,  notes, 
etc. 


Pajinent  of 
loan. 


Acts,  1911.  — Chap.  96.  75 


^> 


railway  or  railroad  securities,  will  be  sufficient  to  pay  the 
interest  as  it  accrues  on  the  said  bonds,  notes  or  scrip,  and 
make  such  payments  on  the  principal  as  may  be  required 
under  the  provisions  of  this  act,  shall,  without  further  vote, 
be  assessed  and  collected  by  the  town  in  each  year  thereafter 
in  a  manner  similar  to  that  in  which  other  taxes  are  assessed, 
until  the  debt  incurred  by  said  loan  is  extinguished. 
Section  4.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  2,  1911. 

An  Act  to  authorize  the  town  of  sandwich  to  pur-  (^^^^    9(5 
chase  shares  of  the  capital  stock,  bonds  and  notes 
of  certain  railways  and  railroads. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  town  of  Sandwich  Is  hereby  authorized  '^n]^^"^"^ 
to  subscribe  for,  purchase,  and  hold  shares  of  the  capital  may  acquire 
stock,   bonds   and   notes  of  the   Plymouth   and   Sandwich  capital  stock, 
Street  Railway  Company,  or  of  any  railway  or  railroad  or  pi'ymounfand 
electric  railroad  company  authorized  to  construct  a  railway  |f "eet'^RaV 
or  railroad  between  Plymouth  and  Sandwich,  to  an  amount  '^^ay  Com- 
not  exceeding   in   the   aggregate  fifteen  thousand   dollars: 
provided,  that   such   subscription  or  purchase  is  authorized  pj^^^'sos. 
by  a  two  thirds  vote  of  the  voters  present  and  voting  thereon 
at  any  legal  town  meeting  called  for  the  purpose  within  five 
years  after  the  passage  of  this  act;    and  provided,  further, 
that  no  such   subscription  or  purchase  shall  be  made  until 
the  board  of  railroad  commissioners  shall  have  been  satisfied 
that  reasonably  sufficient  financial  arrangements  have  been 
made  to  permit  the  completion  of  said  railway,  railroad,  or 
electric  railroad  from  Plymouth  to  Sandwich. 

Section  2.  The  town  of  Sandwich,  for  the  purpose  of  i^nds^^^notes, 
raising  money  to  be  expended  for  the  purposes  aforesaid,  "'''• 
may  issue  from  time  to  time  bonds,  notes  or  scrip  to  an 
amount  not  exceeding  in  the  aggregate  fifteen  thousand 
dollars.  Such  bonds,  notes  or  scrip  shall  bear  on  their  face 
the  words.  Town  of  Sandwich  Railroad  Loan,  Act  of  1911, 
shall  be  payable  at  the  expiration  of  periods  not  exceeding 
thirty  years  from  the  dates  of  issue,  shall  bear  interest 
payable  semi-annually  at  a  rate  not  exceeding  four  per  cent 
per  annum,  and  shall  be  signed  by  the  treasurer  of  the  town 
and  countersigned  by  a  majority  of  the  board  of  selectmen. 
The  town  may  sell  such  securities  at  public  or  private  sale, 
or  pledge  the  same  for  money  borrowed  for  the  purposes  of 


76 


Acts,  1911.  — Chap.  97. 


Payment  of 
loan. 


this  act,  upon  such  terms  and  conditions  as  it  may  deem 
proper,  provided  that  the  securities  shall  not  be  sold  for  less 
than  their  par  value. 

Section  3.  The  town  of  Sandwich  shall  at  the  time  of 
authorizing  said  loan  provide  for  the  payment  thereof  in 
such  annual  payments,  as  nearly  equal  in  amount  as  prac- 
ticable, as  will  extinguish  the  same  within  the  time  prescribed 
by  this  act,  and  when  a  vote  to  that  effect  has  been  passed 
a  sum  which,  with  the  income  derived  from  the  said  railway 
or  railroad  securities,  will  be  sufficient  to  pay  the  interest 
as  it  accrues  on  the  said  bonds,  notes  or  scrip,  and  to  make 
such  payments  on  the  principal  as  may  be  required  under  the 
provisions  of  this  act,  shall,  without  further  vote,  be  as- 
sessed and  collected  by  the  town  annually  thereafter,  in  a 
manner  similar  to  that  in  which  other  taxes  are  assessed, 
until  the  debt  secured  by  said  loan  is  extinguished. 

Section  4.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  2,  1911. 


Ghaj).  97  An  Act  to  authorize  the  town  of  stoughton  to  extend 

ITS   WATER   SYSTEM. 


The  town  of 
Stoughton 
may  extend 
its  water 
system. 


Maj'  issue 
notes  or 
lionds,  etc. 


Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  town  of  Stoughton  is  hereby  authorized 
to  extend  its  water  system  in  the  streets  and  places  desig- 
nated by  votes  of  the  town  passed  at  a  special  town  meeting 
held  on  the  ninth  day  of  November,  nineteen  hundred  and 
ten,  or  to  make  such  extensions  of  its  water  supply  as  such 
town  may  from  time  to  time  determine  upon  luider  this  act, 
and  the  town  is  hereby  authorized  to  lay  pipes  and  dig  up 
public  or  private  ways  and  to  do  such  other  things  as  may 
be  necessary  for  this  pin'])ose. 

Section  2.  To  meet  the  expenses  incurred  inider  author- 
ity of  this  act  the  town  may  issue  notes  or  bonds  to  an 
amount  not  exceeding  fourteen  thousand  dollars.  Such 
notes  or  bonds  shall  bear  on  their  face  the  words.  Town  of 
Stoughton  Water  Loan,  Act  of  1911;  shall  be  payable  at 
the  expiration  of  periods  not  exceeding  thirty  years  from 
the  dates  of  issue;  shall  bear  interest  jjuyable  semi-ainiually 
at  a  rate  not  exceeding  four  and  one  half  per  cent  per  annum; 
and  shall  be  signed  by  the  treasurer  of  the  town  and  counter- 
signed by  the  water  coinniissioncrs.  The  town  may  sell  the 
said  securities  at  ])ublic  or  privnte  sale  iijuju  such  terms  and 


Acts,  1911.  — Chaps.  98,  99.  77 

conditions  as  it  may  deem  proper:    lyromded,  that  they  shall  I'^oviso. 
not  be  sold  for  less  than  their  par  value. 

Section  3.  The  town  shall  at  the  time  of  authorizing  Payment  of 
said  loan  provide  for  the  payment  thereof  in  such  annual 
proportionate  payments,  beginning  not  more  than  three 
years  after  the  issue  of  any  of  said  notes  or  bonds,  as  will 
extinguish  the  same  w^itliin  the  time  prescribed  by  this  act; 
and  when  a  vote  to  that  effect  has  been  passed  a  sum  which, 
with  the  income  derived  from  water  rates,  will  be  sufficient 
to  pay  the  annual  expense  of  operating  its  water  works  and 
the  interest  as  it  accrues  on  the  notes  or  bonds  issued  as  afore- 
said by  said  town,  and  to  make  such  payments  on  the  prin- 
cipal as  may  be  required  under  the  provisions  of  this  act, 
shall  without  further  vote  be  assessed  by  the  assessors  of 
the  town  in  each  year  thereafter,  in  a  manner  similar  to 
that  in  which  other  taxes  are  assessed,  until  the  debt  incurred 
by  said  loan  is  extinguished. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Ay  proved  March  2,  1911. 

An  Act  relative  to  the  filing  of  certificates  of  nomi-  nj^n^j    qq 

NATION    AND    NOMINATION    PAPERS    FOR   THE    ELECTION    OF  ^  * 

TOWN  OFFICERS  IN  THE  TOWN  OF  MENDON  FOR  THE  YEAR 
NINETEEN    HUNDRED    AND    ELEVEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     All  certificates  of  nomination  for  town  offices  certain  acts 
in  the  town  of  IMendon  filed  on  or  before  the  second  Satur-  l\  Mend^n 
day,  and  nomination  papers  filed  on  or  before  the  Monday,  •egaiized. 
preceding  the  annual  town  election  shall,  for  the  year  nine- 
teen hundred  and  eleven,  be  valid. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Apjjroved  March  3,  1911. 

An  Act  relative  to  the  filing  of  certificates  of  nomi-  (JJiap.  99 
nation  and  nomination  papers  for  the  election  of 

town     officers    in    the    town    of    ROCKLAND     FOR    THE 
YEAR   NINETEEN   HUNDRED   AND    ELEVEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .  All  certificates  of  nomination  for  town  offices  certain  acts 
in  the  town  of  Rockland  filed  on  or  before  the  second  Satur-  of  Rockirnd 
day,  and  nomination  papers  filed  on  or  before  the  Monday   'ega'^ed. 


78  Acts,  1911.  — Chaps.  100,  101. 

precedinj;  the  annual  town  election  shall,  for  the  year  nine- 
teen hundred  and  eleven,  be  valid. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Ayyroved  March  3,  1011. 

Cha]).\00  An  Act  relative  to  the  maintenance  of  a  high  school 

IN  the  town  of  sherborn. 

Be  it  enacted,  etc.,  as  follows: 

f/ahigT"''^         Section  1.     The  trustees  of  Sawin  Academy  in  the  town 
sihooi  in  the     of  Shcrbom   and   the   school   committee  of  the  town   are 

town  of  Sner-      i  i  i        •        i  •  p  ^ 

boru.  hereby  authorized  to  enter  mto  an  agreement  tor  conduct- 

ing according  to  law,  a  school  in  the  said  academy,  under 
the  order  and  superintendence  of  the  authorities  of  the 
town,  and  during  the  term  of  such  agreement  or  of  any 
renewal  thereof  the  town  shall  be  considered  as  maintain- 
ing a  high  school. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  4,  1011. 

Ckaj).101  An  Act  relative  to  the  protection  of  game  birds  and 

water  fowl. 

Be  it  enacted,  etc.,  as  follows: 

§V°amende(i  Scctiou  ouc  of  chapter  fivc  hundred  and  thirty-three  of 
the  acts  of  the  year  nineteen  hundred  and  ten  is  hereby 
amended  by  inserting  after  the  word  "snare",  in  the  second 
line,  the  words:  —  or  for  the  purpose  of  killing  a  game  bird 
or  water  fowl  to  construct  or  set  a  trap,  net  or  snare,  —  so 
Taking  of  as  to  read  as  follows:  —  Section  1.  It  shall  be  unlawful 
ami  wat'if/  to  take  or  kill  a  game  bird  or  water  fowl  by  means  of  a 
lated!^*'^"  trap,  net  or  snare,  or  for  the  purj^ose  of  killing  a  game  bird 
or  water  fowl  to  construct  or  set  a  trap,  net  or  snare,  or  to 
pursue,  shoot  at  or  kill  any  wild  fowl,  or  any  of  the  so-called, 
shore,  marsh  and  beach  birds,  with  a  swivel  or  pivot  gun, 
or  by  the  use  of  a  torch,  jack  or  artificial  light,  or  by  the  aid 
or  use  of  any  boat  or  floating  device  propelled  by  steam, 
naphtha,  gasolene,  electricity,  compressed  air,  or  any  similar 
motive  power,  or  by  any  mechanical  means  other  than 
sails,  oars  or  paddles.  But  the  provisions  of  this  chapter 
shall  not  apply  to  persons  shooting  at,  or  killing  said  birds 
from  such  boats  or  floating  devices  if  the  same  are  at  anchor. 

Approved  March  4,  1011. 


Acts,  1911.  — Chap.  102.  79 


An  Act  to  authorize  the  town  of  Gardner  to  incur  Chap.102 

INDEBTEDNESS   FOR   SEWERAGE   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .  The  town  of  Gardner,  for  the  purposes  sped-  sewer  scrip 
fied  in  chapter  sixty-four  of  the  acts  of  the  year  eighteen  ofGardnrr? 
hundred  and  ninety,  as  amended  by  chapter  two  hundred  ^^•'  °^  ^^^^' 
and  twelve  of  the  acts  of  the  year  nineteen  hundred,  may 
incur  indebtedness  from  time  to  time  to  an  amount  not 
exceeding  one  hundred  thousand  dollars,  in  addition  to  the 
amount  already  authorized  by  law,  and  may  issue  from 
time  to  time  notes,  bonds  or  scrip  therefor;  and  said  securi- 
ties shall  not  be  reckoned  in  determining  the  statutory  limit 
of  indebtedness  of  the  town.  Such  notes,  bonds  or  scrip 
shall  be  denominated  on  the  face  thereof.  Sewer  Scrip  of 
the  Town  of  Gardner,  Act  of  1890,  issued  under  authority 
of  the  act  of  nineteen  hundred  and  eleven,  shall  be  payable 
within  periods  not  exceeding  thirty  years  from  the  dates 
of  issue,  and  shall  bear  interest,  payable  semi-annually,  at 
a  rate  not  exceeding  four  per  cent  per  annum.  They  shall 
be  signed  by  the  treasurer  of  the  town  and  countersigned 
by  a  majority  of  the  selectmen.  The  town  may  from  time 
to  time  sell  such  securities  or  any  part  thereof  at  public 
or  private  sale,  on  such  terms  and  conditions  as  it  may 
deem  proper:  provided,  that -they  shall  not  be  sold  for  less  Proviso, 
than  their  par  value. 

Section  2.  The  town  shall  at  the  time  of  authorizing  Payment  of 
said  loan,  provide  by  a  majority  vote  for  the  payment 
thereof  in  such  annual  payments  as  will  extinguish  the 
same  within  the  time  prescribed  by  this  act;  and  when  a 
vote  to  that  effect  has  been  passed,  the  amount  required 
thereby  shall  without  further  vote  be  assessed  by  the  assess- 
ors of  the  town  annually  thereafter,  in  the  same  manner 
in  which  other  taxes  are  assessed,  until  the  debt  incurred 
by  the  said  loan  is  extinguished. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  J^,  1911. 


80  Acts,  1911.  —  Chaps.  103,  104,  105. 


Chap.\OZ  An  Act  to  prohibit  the  taking  of  fish  by  means  of 

TORCHES   OR  OTHER  ARTIFICIAL   LIGHT  IN  THE  WATERS  OF 
THE   TOWN   OF   KINGSTON. 

Be  it  enacted,  etc.,  as  follows: 

§^i!*!imeuded.        Scction  One  of  chapter  four  hundred  and  ninety-four  of 
the  acts   of  the  year  nineteen  hundred  and  ten  is  hereby 
amended  by  inserting  after  the  word  "Head",  in  the  seventh 
hne,  the  words:  —  or  in  the  waters  of  the  town  of  Kingston, 
—  and  also  by  inserting  after  the  word  "Duxbury",  in  the 
eighth  hne,  the  word :  —  Kingston,  • —  so  as  to  read  as  f ol- 
^e^taking^of     ^ows :  —  ScctioTi  1 .     It  shall  be  unlawful  for  any  person  to 
ficiani'^ht'in     display  torches  or  other  light  designed  or  used  for  the  pur- 
certain  waters,  pose  of  taking  herring  or  other  fish  in  any  of  the  waters  of 
Cohasset  and  Scituate  southwesterly  of  a  line  drawn  from 
Little  Black  Rock  to  Gull  Island,  or  in  the  waters  of  Dux- 
bury  and  Plymouth  harbors  westerly  of  a  line  drawn  from 
Pier  Head  to  Saquish  Head,  or  in  the  waters  of  the  town  of 
Proviso.  Kingston:  yromded,  however,  that  the  selectmen  of  the  towns 

of  Cohasset,  Scituate,  Duxbury,  Kingston  and  Plymouth 
may  grant  permits  for  the  display  of  torches  or  other  light 
for  the  purposes  aforesaid,  within  the  limits  of  their  respec- 
tive towns  as  herein  described,  with  such  restrictions  as  in 
their  judgment  will  prevent  the  same  from  constituting  a 
nuisance;  and  they  may  at  any  time  revoke  any  such  permit. 

Approved  March  4,  1911. 

Cha2).104:  An  Act  relative  to  the  state  infirmary  and  the  state 

FARM. 

Be  it  enacted,  etc.,  as  follows: 

amended.  Chapter  ciglity-five  of  the  Revised  Laws  is  hereby  amended 

by  striking  out  the  words  "state  hospital",  wherever  those 
words  occur  in  the  said  chapter,  and  inserting  in  place 
thereof  the  words :  —  state  infirmary. 

Approved  March  4)  1911. 

C7iap.l05  An  Act  to  authorize  the  josepii  warren  monument 
association  to  transfer  its  property  to  the  rox- 

BURY   historical   SOCIETY. 

Be  it  enacted,  etc.,  as  folloics: 

§^3!1unended.        SECTION  1.     Scctiou  thrcc  of  chapter  two  hundred  and 
fifty  of  the  acts  of  the  year  cight(>cn  hundred  and  seventy- 


Acts,  1911.  — Chaps.  106,  107.  81 

four  is  hereby  amended  by  striking  out  the  words  "the  city 

of  Boston",  in  the  third  hue,  and  inserting  in  place  thereof 

the  words:  —  the  Roxbury  Historical  Society,  —  so  as  to 

read  as  follows :  —  Section  3.     Upon  the  completion  of  said  property  may 

monument  said  corporation  may  convey  the  same  and  all  [*„°j*^i^"^ox^'* 

the  property  held  by  said  corporation,  to  the  Roxbury  His-  buryHistori- 

torical  Society,  together  with  any  surplus  of  the  fund  raised 

for  the   erection   of   said   monument;     such   surplus  to   be 

devoted   to  the   maintenance   of   said   monument   and   the 

repairs,  adornment  and  enlargement  of  the  grounds  about 

the  same. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  4,  1011. 


An  Act  relative  to  the  taxation  of  parish  property  (JJian.\0(S 
IN  the  town  of  mashpee. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     The  assessors  of  the  Indian  town  of  Mashpee,  Tax  on  cer- 
whose  inhabitants  were  lately  w^ards  of  the  state,  are  hereby  intVrtown^ 
authorized  to  abate  the  tax  assessed  in  the  years  nineteen  "^.^^'Ife'^P*'® 
hundred  and  nine  and  nineteen  hundred  and  ten  on  the  parish  abated. 
house  and  parish  lands  in  that  town.     The  said  property 
shall  be  exempt  from  taxation  for  a  period  of  ten  years: 
provided,  that  it  shall  be  used  by  said  Indian  parish  as  it  Proviso, 
has  been  used  heretofore. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  4,  1911. 

An  Act  to  prohibit  beam  trawling  in  boston  harbor,  nj^dj^  \(yj 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     It  shall  be  unlawful  for  any  person  to  prac-  Beamtrawi- 
tice  beam  trawling  in  Boston  harbor  or  to  take  or  attempt  in  Boston"*'''^ 
to  take  any  fish  by  that  method.  harbor. 

Section  2.     Whoever  violates  the  provisions  of  this  act  Penalty. 
shall   be  punished   by   a  fine   not  exceeding  one   hundred 
dollars,  or  by  imprisonment  for  a  term  not  exceeding  three 
months,  or  by  both  such  fine  and  imprisonment. 

Approved  March  J^,  1911. 


82 


Acts,  1911.  — Chap.  108. 


ChajJ'^OS  An  Act  to  authorize  the  town  of  danvers  to  distribute 

ELECTRICITY  IN  THE  TOWNS  OF  NORTH  READING  AND   MID- 
DLETON. 


The  town  of 
Diinvers  may 
supply  elec- 
tricity to 
certiiin  other 
towns. 


May  con- 
struct and 
maintain 
lines,  etc. 

Proviso. 


Certain  acts 
ratified. 


Till'  town  of 
Mi<l(lht()ii 
may  purchase 
plant,  etc. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Danvers  is  hereby  aiitliorized 
to  supply  electricity  for  its  municipal  use  in  the  towns  of 
North  Reading  and  Middleton,  and  to  sell  and  distribute 
electricity  to  the  INIiddleton  Electric  Light  Company,  to  such 
of  the  inhabitants  of  the  town  of  Middleton  as  are  now 
supplied  by  the  town  of  Danvers,  and,  with  the  consent  of 
the  Middleton  Electric  Light  Company,  to  the  town  of 
Middleton  for  municipal  use,  and  to  such,  of  the  inhabitants 
of  the  town  of  Middleton  as  may  hereafter  apply  to  the  town 
of  Danvers  therefor,  with  the  same  rights  and  privileges 
and  subject  to  the  same  conditions,  limitations  and  obliga- 
tions as  it  may  now  or  hereafter  have  or  be  subject  to  with 
respect  to  the  sale  and  distribution  of  electricity  within  its 
own  boundaries.  No  contract  to  supply  the  IMiddleton 
Electric  Light  Company  shall  be  made  for  a  period  of  more 
than  ten  years. 

Section  2.  The  town  of  Danvers  may  construct  and 
maintain  in  the  towns  of  North  Reading  and  IMiddleton 
lines  for  the  transmission  of  electricity^  for  the  purposes 
mentioned  in  section  one:  provided,  however,  that  it  shall 
obtain  from  the  selectmen  of  the  towns  of  Middleton  and 
North  Reading  locations  for  all  poles,  wires  and  other  dis- 
tributing apparatus  constructed  and  maintained  for  the  pur- 
poses aforesaid  upon,  along,  under  or  across  any  jjublic 
ways  within  the  said  towns,  in  the  same  manner  and  upon 
the  same  terms  as  are  provided  by  law  for  companies  incor- 
porated for  the  transmission  of  electricity  for  light,  heat 
or  power. 

Section  3.  All  acts  of  the  town  of  Danvers  or  its  duly 
constituted  officers  heretofore  done  with  intent  to  exercise 
the  authority  conferred  by  this  act  are  hereby  ratified  and 
confirmed. 

Section  4.  If  the  town  of  Middleton  shall  hereafter 
establish  an  electric  lighting  plant,  it  shall,  under  the  pro- 
visions of  sections  ten,  eleven  and  twelve,  as  amended,  of 
chapter  thirty-four  of  the  Revised  Laws  and  of  any  general 
laws  hereafter  enacted  relating  to  the  purchase  of  electric 
light  plants  by  a  city  or  town,  purchase  the  plant  and  prop- 


Acts,  1911.  — Chap.  109.  83 

erty  within  its  limits  owned  by  the  town  of  Danvers  in  Hke 
manner  as  if  the  same  were  tlie  plant  and  property  of  a 
private  person,  firm  or  corporation:  provided,  however,  that  Proviso, 
the  town  of  Danvers  shall  have  no  right  to  refuse  to  sell 
its  plant  and  property  within  the  limits  of  the  town  of 
INIiddleton,  but  shall  sell  and  convey  the  same  to  the  town 
of  ]\Iiddleton  within  the  time  and  in  the  manner  prescribed 
by  law  for  the  sale  to  a  municipality  of  electric  light  plants 
privately  owned,  and  thereupon  the  right  of  the  town  of 
Danvers  to  maintain  an  electric  light  plant  or  to  sell  elec- 
tricity within  the  limits  of  the  town  of  Middleton  shall  cease, 
except  that  nothing  in  this  section  shall  prevent  the  town 
of  Danvers  from  supplying  or  continuing  to  supply  itself 
for  its  municipal  use  in  the  towns  of  Middleton  and  North 
Reading. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  4,  1911. 

An  Act  authorizing  the  taking  of  cemetery  l\nd  for  (JJkij)  X09 

A   public   park   in   the   town   of  HAMILTON. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     The   board   of   park   commissioners   of   the  certain 
to^\^l  of  Hamilton,  acting  for  the  town,  is  hereby  authorized  fnTheTown"*^ 
to  take,  for  the  purpose  of  a  public  park,  the  parcel  of  land  ma^b™taken 
containing  about  fifty-eight  thousand  seven  hundred  and  for  a  public 
ninety  square  feet,   known  as  the  Wigglesworth  cemetery 
lot,  situate  on  the  northwesterly  side  of  Main  street  in  said 
town.     Said  parcel  is  bounded  and  described  as  follows:  — 
Southeasterly  by  said  INIain  street   about  eighty-four  feet;  Description 
northeasterly  by  land  now  or  late  of  Norton  about  seven  taken, 
hundred  and  seventy  feet;   northwesterly,  westerly  and  south- 
westerly by  Cutler's  pond,  so-called,  about  three  hundred 
and  twentv-five  feet  to  land  now  or  late  of  Woodburv,  and 
further  southwesterly  by  land  now  or  late  of  said  Wood- 
bury about  four  hundred  ninety-three  and  five  tenths  feet 
to  said  ]\Iain  street.     The  provisions  of  chapter  twenty- 
eight  of  the  Revised  Laws  with  regard  to  the  taking  of 
land  for  public  parks,  including  all  provisions  for  the  assess- 
ment and  recovery  of  damages  for  land  so  taken,  shall  apply 
to  the  taking  hereby  authorized. 

Section  2.     No    land    taken    hereunder    containing    the  Human 
remains  of  the  dead  shall  be  used  for  the  purpose  aforesaid  brremoVed. 
until   such   remains,   and  the  monuments   and  headstones 


84 


Acts,  1911.  — Chap.  110. 


Notice  of 
removal  to  be 
given,  etc. 


Town  raay 

appropriate 

money. 


Time  of 
taking  eflect. 


markinj;  tlieiu,  shall  have  been  removed  to  such  other  burial 
place  iu  the  town  of  Hamilton  as  the  selectmen  and  park 
commissioners  of  the  town  may  designate,  or  to  such  other 
suitable  burial  place  as  the  relatives  or  representatives  of 
those  whose  remains  are  removed  may  at  their  own  expense 
provide. 

Section  3.  The  removals  aforesaid  shall  be  made  only 
after  notice  thereof  once  each  week  for  three  successi\'e 
weeks,  in  some  newspaper  published  in  said  town  or  in 
the  adjoining  town  of  Ipswich,  or  in  the  city  of  Salem,  the 
last  publication  to  be  at  least  seven  days  before  the  time 
fixed  for  said  removals.  The  removals  shall  be  m.ade  under 
the  supervision  of  the  selectmen  and  park  commissioners 
of  said  town.  The  remains  shall  be  interred  in  a  proper 
and  suitable  manner,  and  a  plan  of  the  ground  in  the  burial 
place  to  which  such  remains  may  be  removed,  showing 
the  position  of  all  the  known  dead  so  removed,  shall  be  made 
and  filed  in  the  office  of  the  town  clerk  of  Hamilton  for 
future  reference. 

Section  4.  Said  town  at  any  legal  meeting  called  for 
the  purpose,  or  at  any  annual  meeting,  may  appropriate 
money  necessary  for  the  purposes  of  this  act. 

Section  5.  This  act  shall  take  effect  upon  its  accept- 
ance by  a  majority  of  the  legal  voters  of  said  town  present 
and  voting  thereon,  at  a  town  meeting  duly  called  for  the 
purpose,  or  at  any  annual  town  meeting. 

Ajyprovcd  March  4,  1911. 


Cha2).110  An  Act  to  authorize  the  city  of  new  Bedford  to  incur 
indebtedness  for  purchase  of  wharf  and  shore 
property. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  New  Bedford,  for  the  purjwse 
of  purchasing  Central  Wharf,  so-called,  in  that  city,  and 
also  a  tract  of  land  thirteen  hundred  and  fifty  feet  in  length, 
on  the  west  side  of  West  French  avenue,  th(>  same  being 
shore  land  bordering  on  Clark's  cove,  may  incur  indebtedness 
beyond  the  limit  fixed  by  law  to  an  amount  not  exceeding 
twenty-seven  thousand  dollars,  and  may  issue  bonds,  notes 
or  scrip  therefor.  Such  bonds,  notes  or  scrip  shall  be  pay- 
able within  such  periods  not  exceeding  ten  years  from  the 
dates  of  issue,  and  shall  bear  such  rate  of  interest,  not  exceed- 
ing four  per  cent  i)er  annum,  payable  semi-annually,  as  the 


The  rity  of 
New  Bedford 
may  issue 
bonds,  etc., 
for  pvirchas- 
ing  wharf 
and  shore 
property,  etc. 


Acts,  1911.  — Chap.  111.  85 

city  council  shall  determine.     Except  as  otherwise  provided  ^fs^onfo^^°' 
herein  the  provisions  of  chapter  twenty-seven  of  the  Revised  law  to  apply. 
Laws  shall,  so  far  as  they  may  be  applicable,  apply  to  the 
indebtedness  hereby  authorized  and  to  the  securities  issued 
therefor. 

Section  2.  The  city  council  of  said  city  shall,  at  the  Payment  of 
time  of  authorizing  said  loan,  provide  for  the  payment  °^^' 
thereof  in  such  annual  proportionate  payments  as  will 
extinguish  the  same  within  the  time  prescribed  in  this  act; 
and  thereafter,  without  further  action  by  the  city  council, 
the  amount  required  for  such  payments  shall  be  assessed 
by  the  assessors  of  the  city  in  each  year,  in  the  same  manner 
in  which  other  taxes  are  assessed,  until  the  debt  incurred 
by  the  said  loan  is  extinguished. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  ^,  1911. 

An  Act  relative  to  the  payment  of  benefits  by  secret  QJian.lll 

ORDERS   OR    FRATERNITIES    TO    FAMILIES    OR    DEPENDENTS 
OF  DECEASED   MEMBERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  A  subordinate  lodge  of  a  secret  order  or  Certain 
fraternity,  which  is  hereby  declared  to  be  an  organization  ^^y^^p^y  ^^^ 
whose  principal  object  is  to  promote  the  spirit  of  brother-  fits?etcf°^ 
hood  among  its  members,  in  carrying  out  which  purpose 
the  organization  transacts  business  by  means  of  subordinate 
lodges  with  a  supreme  or  governing  body  and  a  represen- 
tative form  of  government  and  has  initiations  by  certain 
ritualistic  forms  and  secret  means  of  recognition,  and  which 
is  not  conducted  as  a  business  enterprise  or  for  profit,  may 
pay  as  death  benefits  to  families  or  dependents  of  deceased 
members  such  sums  as  its  by-laws  may  determine:  provided,  Provisos, 
that  the  sum  shall  not  exceed  two  hundred  dollars  if  the 
membership  of  the  lodge  is  two  hundred  or  less,  and  if 
the  membership  is  over  two  hundred  in  number  the  said 
sum  shall  not  exceed  the  amount  of  an  assessment  of  one 
dollar  upon  each  member  of  the  subordinate  lodge  in  good 
standing  at  the  time  of  the  death  of  the  deceased  member; 
and  provided,  further,  that  such  subordinate  lodge  shall  in 
other  respects  be  subject  to  the  provisions  of  section  twelve 
of  chapter  one  hundred  and  nineteen  of  the  Revised  Laws, 
and  of  all  amendments  thereof. 

Section  2.     All  acts  and  parts  of  acts  inconsistent  here-  Kepeai. 
with  are  hereby  repealed.  Approved  March  4,  1011. 


86 


Acts,  1911.  — Chap.  112. 


Appropria- 
tions, dis- 
trict police. 


Chap.\\2  An  Act  making  appropriations  for  the  salaries  and 

EXPENSES   OF   THE   DISTRICT   POLICE. 

Be  it  enacted,  etc.,  as  follows: 

vSection  1.  The  sums  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  common- 
wealth from  the  ordinary  revenue,  for  the  salaries  and 
expenses  of  the  district  police,  for  the  fiscal  year  ending  on 
the  thirtieth  day  of  November,  nineteen  hundred  and  eleven, 
to  wit:  — 

For  the  salary  of  the  chief,  three  thousand  dollars. 

For  the  salary  of  the  first  clerk,  fifteen  hundred  dollars. 

For  the  salary  of  the  second  clerk,  one  thousand  dollars. 

For  postage,  printing,  stationery,  telephone,  telegraph, 
incidental  and  contingent  office  expenses,  including  the 
printing  and  binding  of  the  annual  report,  a  sum  not  exceed- 
ing seventy-five  hundred  dollars. 


Chief. 
First  clerk. 
Second  clerk. 
Expenses. 


Deputy  chief, 

detective 

department. 

Clerk. 

Stenog- 
raphers. 

Compensation 
of  members. 

Fire  in- 
spectors. 

Travelling 
expenses. 

Special  serv- 
ices, etc. 


DETECTIVE   DEPARTMENT. 

For  the  salary  of  the  deputy  chief,  twenty-four  hundred 
dollars. 

For  the  salary  of  the  clerk,  twelve  hundred  dollars. 

For  the  salaries  of  the  stenographers,  three  thousand 
dollars. 

For  compensation  of  the  members,  a  sum  not  exceeding 
twenty-two  thousand  eight  hundred  dollars. 

For  compensation  of  fire  inspectors,  twelve  thousand 
three  hundred  dollars. 

For  travelling  expenses  of  the  members,  a  sum  not  exceed- 
ing twelve  thousand  five  hundred  dollars. 

For  special  services  and  expenses  of  persons  employed 
under  the  direction  of  the  de])uty  chief  of  the  detective 
department  in  the  investigation  of  fires,  including  witness 
fees,  travel,  contingent  and  incidental  expenses,  a  sum  not 
exceeding  two  thousand  dollars. 


Deputy  chief, 

inspection 

department. 

Chief 

inspector  of 
boilers. 


INSPECTION   DEPARTMENT. 

For  the  salary  of  the  deputy  chief,  twenty-four  hundred 
dollars. 

For  the  salary  of  the  chief  inspector  of  boilers,  two  thou- 
sand dollars. 


Acts,  1911.  — Chap.  113.  87 

For  the  salaries  of  the  clerks,  fifty-three  hundred  fifty-  cierks. 
eight  dollars  and  thirty-two  cents. 

For  the  compensation  of  the  members,  a  sum  not  exceed-  Compensation 
ing  seventy  thousand  dollars.  of  mem  eis. 

For  travelling  expenses  of  the  members,  a  sum  not  exceed-  Travelling 
ing  nineteen  thousand  dollars.  expenses. 

For  compensation  of  the  board  of  boiler  rules,  a  sum  not  p9-y*i  ^{ 

T  I  1      1    11  boiler  rules. 

exceedmg  one  thousand  dollars. 

For  expenses  of  the  board  of  boiler  rules,  a  sum  not  exceed-  Expenses. 
ing  one  thousand  dollars. 

For  expenses  of  operating  the  steamer  Lexington,  used  Lelingujn 
in  the  enforcement  of  the  fish  laws  of  the  commonwealth, 
a  sum  not  exceeding  ninety-five  hundred  dollars. 

For  maintaining  in  good  condition  apparatus  for  testing  Certain 

!•  .        p  •  •    ,  !•  IP  p  •!•  apparatus. 

applicants  tor  movmg  picture  licenses  and  tor  turnishing 
supplies  to  operate  the  same,  a  sum  not  exceeding  six  hun- 
dred dollars. 

For  investigation  work  and  apparatus  and  for  mainte-  investigation 
nance  in  the  boiler  inspection  department,  a  sum  not  exceed-  ^  '  '^ "' 
ing  one  thousand  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  6,  1911. 

An  Act  relative  to  the  retirement  of  certain  vet-  (JJkuj  w^ 

ERANS   IN   the   SERVICE    OF   THE   CITY   OF   BOSTON.  ' 

Be  it  enacted,  etc.,  as  follows: 
Section  1.     A  veteran  of  the  civil  war  in  the  service  of  S^i'^^'r./fh*! 

^^^  til.  illlo      111      i'llt^ 

the  city  of  Boston,  if  incapacitated  for  active  duty,  may  service  of 
be  retired  from  active  service,  with  the  consent  of  the  mayor,  Boston  may 
at  one  half  the  rate  of  compensation  paid  to  him  at  the  time 
of  his  retirement,  to  be  paid  out  of  the  treasury  of  the  city: 
provided,  that  no  veteran  shall  be  entitled  to  be  retired  Proviso. 
under  the  provisions  of  this  act  unless  he  shall  have  been 
in  the  service  of  the  city  for  at  least  ten  years. 

Section  2.     A  veteran  retired  under  the  provision  of  this  Application 
act,  whose  term  of  service  was  for  a  fixed  number  of  years,  °^  ^''^'  '^'''' 
shall  be  entitled  to  the  benefits  of  the  act  without  reappoint- 
ment. 

Section  3.     All  acts  and  parts  of  acts  inconsistent  here-  Repeal. 
with  are  hereby  repealed. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  8,  1911. 


88 


Acts,  1911.  — Chains.  Ill,  115. 


Chap.H4i  An  Act  to  authorize  the  school  of  commerce  and 

FINANCE    OF   THE    BOSTON    YOUNG    MEN's    CHRISTIAN    ASSO- 
CIATION  TO    GRANT   DEGREES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  School  of  Commerce  and  Finance  of 
the  Boston  Young  Men's  Christian  Association,  said  school 
being  incorporated  under  the  laws  of  the  commonwealth, 
is  hereby  authorized  to  confer  the  degree  of  M.C.S.  (Master 
of  Commercial  Science,)  and  the  degree  of  B.C.S.  (Bachelor 
of  Commercial  Science,)  appropriate  to  the  courses  of  study 
offered  in  accordance  with  the  provisions  of  its  charter. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  8,  1911. 


The  School  of 
Commerce, 
etc.,  may  con- 
fer degrees. 


Salaries  of 
doorkeepers, 
messengers, 
etc. 


Chap.W^  An  Act  relative  to  the  salaries  of  the  doorkeepers, 
assistant  doorkeepers  and  messengers  of  the  senate 
and  house  of  representatives. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  annual  salary  of  the  doorkeepers  of  the 
senate  and  house  of  representatives  shall  be  sixteen  hun- 
dred dollars  each,  to  be  allowed  from  the  first  day  of  Decem- 
ber, nineteen  hundred  and  ten.  The  annual  salary  of  the 
assistant  doorkeepers  of  the  senate  and  house  of  repre- 
sentatives shall  be  eleven  hundred  dollars  each,  and  the 
annual  salary  of  the  messengers  of  the  senate  and  house 
of  representatives  shall  be  one  thousand  dollars  each,  to 
be  allowed  from  the  first  day  of  January,  nineteen  hundred 
and  eleven.  These  salaries  shall  be  payable  montlily  from 
the  treasury  of  tlie  commonwealth. 

Section  2.  So  much  of  sections  eleven  and  twelve  of 
chapter  ten  of  the  Revised  Laws  and  of  any  other  acts  as 
is  inconsistent  herewith  is  hereby  repealed. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

(The  forcfioing  ivas  laid  before  the  Governor  on  the  first  day 
of  March,  1011,  and  after  fire  days  it  had  ''the  force  of  a  latv" 
as  prescribed  by  the  Constitution,  as  it  teas  not  returned  by 
him  with  his  objections  thereto  within  that  time.) 


Repeal. 


Acts,  1911.  — Chaps.  IIG,  117.  89 


An  Act  to   provide   for  the   appointment  of  a  male  (jjinr,j  i ig 

ASSISTANT  PROBATION  OFFICER  FOR  THE  MUNICIPAL  COURT  * 

OF  THE   ROXBURY   DISTRICT   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  eightv-one  of  chapter  two  hundred  ?•  l.  217, 

*  sol   etc 

and  seventeen  of  the  Revised  Laws,  as  amended  by  chapter  amended.' 
two  hundred  and  ninety-five  of  the  acts  of  the  year  nine- 
teen hundred  and  five,  and  by  chapter  three  hundred  and 
twenty-nine  of  the  acts  of  the  year  nineteen  hundred  and 
six,  and  by  chapter  two  hundred  and  sixty-one  of  the  acts 
of  the  year  nineteen  hundred  and  seven,  and  by  chapter 
three  hundred  and  thirty-two  of  the  acts  of  the  year  nine- 
teen hundred  and  ten,  is  hereby  further  amended  by  insert- 
ing after  the  words  "assistant  probation  officer",  in  the 
eleventh  Hue,  the  words:  —  and  said  justice  of  the  munici- 
pal court  of  the  Roxbury  district  may  also  appoint  one  male 
assistant  probation  officer,  —  so  as  to  read  as  follows :  — 
Section  81.  The  superior  court  may  appoint  probation  offi-  Probation 
cers  and  the  justice  of  each  police,  district  or  municipal  app^'ohftment, 
court  and  the  chief  justice  of  the  municipal  court  of  the  *^'*'' 
city  of  Boston  shall  appoint  one  probation  officer.  Said 
chief  justice  may  also  appoint  not  more  than  eight  male 
and  three  female  assistant  probation  officers.  The  justice 
of  the  municipal  court  of  the  South  Boston  district  and 
the  justice  of  the  municipal  court  of  the  Roxbury  district 
and  the  justice  of  the  third  district  court  of  Eastern  Middle- 
sex, may  also  each  appoint  one  female  assistant  probation 
officer,  and  said  justice  of  the  municipal  court  of  the  Rox- 
bury district  may  also  appoint  one  male  assistant  proba- 
tion officer.  Each  probation  officer  and  assistant  proba- 
tion officer  so  appointed  shall  hold  his  office  during  the 
pleasure  of  the  court  which  makes  the  appointment. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  8,  1911. 


An  Act  making  appropriations  for  salaries  and  expenses  (JJki^j  \Yl 

IN  THE  department  OF  THE  SERGEANT-AT-ARMS.  * 

Be  it  enacted,  etc.,  as  follows 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  treasury  of  the  common-  *'''"^- 
wealth  from  the  ordinary  revenue,  for  salaries  and  expenses 


90 


Acts,  1911.  — Chap.  117. 


Sergeant-at- 
arms. 

First  clerk. 
Cashier. 


Additional 
clerks. 

Expenses. 


Chief  en- 
gineer, etc. 


Watchmen, 
etc. 


Stationery, 
etc. 


Messengers, 
etc. 

Telephones, 
etc. 

Heat,  light, 
etc. 


Care  of  state 
house,  etc. 


Furniture 
and  fi.\tures. 

Matron. 


Carpenter. 


in  the  department  of  the  sergeant-at-arms,  for  the  fiscal 
year  ending  on  the  thirtieth  day  of  November,  nineteen 
hundred  and  eleven,  to  wit:  — 

For  the  salary  of  the  sergeant-at-arms,  thirty-five  hun- 
dred dollars. 

For  the  salary  of  the  first  clerk,  twenty-two  hundred 
dollars. 

For  the  salary  of  the  cashier,  a  sum  not  exceeding  one 
thousand  dollars. 

For  the  salaries  of  additional  clerks,  the  sum  of  twenty- 
eight  hundred  dollars. 

For  incidental  and  contingent  expenses  and  expense  of 
mailing  legislative  bulletins,  a  sum  not  exceeding  four  hun- 
dred and  fifty  dollars. 

For  the  salaries  of  the  chief  engineer  and  other  employees 
in  the  engineer's  department,  a  sum  not  exceeding  thirty 
thousand  nine  hundred  and  forty  dollars. 

For  the  salaries  of  the  watchmen  and  assistant  watch- 
men, a  sum  not  exceeding  fourteen  thousand  six  hundred 
dollars. 

For  books,  stationery,  postage,  printing  and  advertising, 
ordered  by  the  sergeant-at-arms,  a  sum  not  exceeding  twelve 
hundred  dollars. 

For  the  salaries  of  the  messengers,  porters  and  office  boy, 
a  sum  not  exceeding  eighty-two  hundred  and  sixty  dollars. 

For  rent  of  telephones  and  expenses  in  connection  there- 
with, a  sum  not  exceeding  eighty-two  hundred  dollars. 

For  heat,  light  and  power,  including  coal,  water,  gas  and 
removal  of  ashes,  a  sum  not  exceeding  thirty-five  thousand 
dollars. 

For  the  care  of  the  state  house  and  grounds,  including 
repairs,  furniture  and  repairs  thereof,  the  regilding  of  the 
dome  of  the  state  house,  and  such  expenses  as  may  be  neces- 
sary at  the  various  buildings  now  occui)ied  by  state  depart- 
ments, a  sum  not  exceeding  thirty  thousand  eight  huiulred 
dollars. 

For  new  furniture  and  fixtures,  a  sum  not  exceeding  six 
thousand  dollars. 

For  the  salary  of  the  matron,  a  sum  not  exceeding  eight 
hundred  and  fifty  dollars. 

For  the  salary  of  the  carpenter,  the  sum  of  fourteen  hun- 
dred dollars. 

Section  2.     This  act  shall  take  effect  upon  its  i)assage. 

Approved  March  S,  I'.'IL 


Acts,  1911.  — Chap.  118.  91 


An  Act  relative  to  the  protection  and  sale  of  hares  Chap.118 

AND    RABBITS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     It  shall  be  unlawful  to  hunt,  take  or  kill  f,[^'f^f^*;"f 
a  hare  or  rabbit  between  the  first  day  of  March  and  the  hares  and 
fifteenth  day  of  October,  both  inclusive,  or  to  buy  or  sell 
or  offer  for  sale  a  hare  or  rabbit  taken  or  killed  during  the 
said  period  in  this  commonwealth,  or  taken  or  killed  at 
any  time  contrary  to  the  laws  of  any  other  state  or  coun- 
try.    But  any  person  may  buy  or  sell  hares  or  rabbits  at 
any  time:   provided,  that  they  were  not  taken  or  killed  con-  Proviso, 
trary  to  the  laws  of  this  commonwealth  or  of  any  other 
state  or  country. 

Section  2.  It  shall  be  unlawful  at  any  time  to  remove  Certain  acts 
or  attempt  to  remove  a  hare  or  rabbit  from  any  hole  in  the  "°  ''^  "  •  ^  •=• 
ground  or  from  any  stone  wall  or  from  under  any  ledge  or 
stone  or  log  or  tree,  and  it  shall  be  unlawful  to  take  or  kill 
a  hare  or  rabbit  by  a  trap,  snare  or  net,  or  for  that  pur- 
pose to  construct  or  set  a  trap,  snare  or  net,  or  to  use  a  ferret. 
The  possession  of  a  ferret  in  a  place  where  hares  or  rabbits 
might  be  taken  or  killed  shall  be  prima  facie  evidence  that 
the  person  having  the  ferret  in  possession  has  used  it  for 
taking  and  killing  hares  or  rabbits  contrary  to  law.  Ferrets 
used  in  violation  hereof  shall  be  confiscated. 

Section  3.     This  act  shall  not  be  construed  to  prohibit  Certain 
farmers  and  fruit  growers  from  trapping  rabbits  in  box  farmers,  etc 
traps  at  any  time  during  the  year:   provided,  first,  that  such  Proviso, 
trapping  is  done  on  land  owned  or  leased  by  the  person 
setting  the  trap  and  used  for  the  raising  of  fruit,  vegetables 
or  other  products  by  the  person  so  trapping;    secondly,  that 
the  person  so  trapping  shall  first  have  made  an  affidavit 
before  a  justice  of  the  peace  that  hares  or  rabbits  have  in- 
jured fruit,  vegetables  or  other  products  on  his  said  premises 
and  shall  have  forwarded  the  affidavit  so  made  to  the  com- 
missioners on  fisheries  and  game;    and  thirdly,  that  the 
said  commissioners  have  issued  to  him  a  permit  so  to  trap. 
It  shall  be  unlawful  to  barter  or  sell  hares  or  rabbits  trapped 
in  accordance  with  the  provisions  of  this  section. 

Section  4.     Chapter  four  hundred  and  sixty-six  of  the  Repeal. 
acts  of  the  year  nineteen  hundred  and  nine  and  section  two 
of  chapter  five  hundred  and  thirty-three  of  the  acts  of  the 
year  nineteen  hundred  and  ten  are  hereby  repealed. 


92 

Penalty. 


Acts,  1911. 


Chap.  119. 


Section  5.  Whoever  violates  any  provision  of  this  act 
shall  be  punished  by  a  fine  not  exceeding  ten  dollars  for 
each  offence.  Approved  March  8,  1911. 


R.  L.  19,  §  12, 
amended. 


Statement  of 
apijlicants 
for  examina- 
tion. 


Chcip.WS)  An  Act  relative  to  qualifications  for  examination  by 

THE   CIVIL   SERVICE   COMMISSION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twelve  of  chapter  nineteen  of  the 
Revised  Laws  is  hereby  amended  by  inserting  after  the 
word  "service",  in  the  seventh  line,  the  words:  —  provided, 
however,  that  no  question  shall  be  asked  in  such  application 
or  in  any  examination  requiring  a  statement  as  to  any 
offence  committed  before  the  applicant  reached  the  age  of 
sixteen  years,  except  in  the  case  of  applicants  for  police 
and  prison  service,  —  so  as  to  read  as  follows :  —  Section  12. 
Every  application  shall  state  under  oath  the  full  name, 
residence  and  post  office  address,  citizenship,  age,  place  of 
birth,  health  and  physical  capacity,  right  of  preference  as 
a  veteran,  previous  employment  in  the  public  service,  busi- 
ness or  employment  and  residence  for  the  previous  five 
years,  and  education  of  the  applicant,  and  such  other  in- 
formation as  may  reasonably  be  required  relative  to  his 
fitness  for  the  public  service:  provided,  hoivever,  that  no 
question  shall  be  asked  in  such  application  or  in  any  exam- 
ination requiring  a  statement  as  to  any  offence  committed 
before  the  applicant  reached  the  age  of  sixteen  years,  except 
in  the  case  of  applicants  for  police  and  prison  service. 

Applicants  for  positions  in  the  labor  service  of  the  com- 
monwealth or  of  the  cities  thereof  shall,  to  the  number  of 
five  hundred,  be  allowed  to  register  on  the  first  Monday 
of  February,  May,  August  and  November  in  each  year,  at 
the  places  appointed  therefor. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

{This  hill,  retiirtied  hy  the  governor  to  the  house  of  repre- 
sentatives, the  branch  in  which  it  originated,  with  his  objections 
thereto,  was  passed  by  the  house  of  rcpresetitatives  March  3, 
and,  in  concurrence,  by  the  senate  March  8,  the  objections  of 
the  governor  notwithstanding,  in  the  manner  prescribed  by  the 
Constitution;    and  thereby  ha^  the  ''force  of  a  law".) 


Proviso. 


Labor 
service. 


Acts,  1911.  — Chains.  120,  121.  93 


An  Act  relative  to  the  liability  of  common  carriers  Chap.120 

FOR  THE  SAFETY  OF  PASSENGERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  No  common  carrier  of  passengers  shall  by  Liability  of 
rule,  regulation,  sign  or  otherwise,  require  passengers  whom 
it  suffers  to  enter,  or  leave  by,  a  door  of  its  car  or  train,  to 
do  so  at  their  own  risk;  and  no  such  passenger  shall  be  pre- 
vented from  recovering  compensation  in  damages  for  any 
injury  by  reason  of  any  such  rule,  regulation,  sign  or  require- 
ment. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  9,  1911. 


common 
carriers. 


An  Act  relative  to  naming  co-respondents  in  libels  njia^y  1 21 

FOR   divorce   for   ADULTERY.  '  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     In  an  action  for  divorce,  wherein  the  com-  jn  an  action  for 
mission  of  adultery  by  either  party  is  alleged  as  ground  for  divorce  persons 

^    e  ^  "^   .  1         !•  1-1      1     not  to  be  named 

the  divorce  or  as  ground  tor  contestnig  the  divorce,  no  libel,  ^  co-reapond- 
cross-libel  or  answer  at  the  time  of  filing  shall  name  any 
person  as  co-respondent.  The  party  alleging  such  adultery, 
may  by  motion,  after  the  libel  has  been  entered,  upon  an 
ex  parte  hearing  before  a  justice  of  the  superior  court, 
obtain  permission  to  amend  his  libel,  cross-libel  or  answer 
'by  inserting  the  name  of  the  co-respondent  if  the  justice 
finds  probable  cause  has  been  shown  to  believe  that  such 
accused  person  has  committed  adultery  with  the  libellee  or 
libellant,  and  thereupon  notice  shall  be  sent  to  said  co- 
respondent and  to  the  other  party  to  the  action. 

Section  2.     The  evidence  produced  at  such  ex  parte  hear-  Evidence  not 
ing  shall  not  be  reported  or  made  a  part  of  the  record  in  a  part  of  the 
the  case  and  the  motion  for  said  amendment  shall  not  be  ^'^'^°^'^'  ''*''■ 
read  to  the  court  during  the  divorce  proceedings,  but  the 
clerk  of  the  court  shall  make  an  entry  in  the  docket  of  "  Mo- 
tion to  insert  name  of  co-respondent  allowed",  or  "Motion 
to  insert  name  of  co-respondent  denied  ",  as  the  case  may  be. 

Approved  March  9,  1911. 


94: 


Acts,  1011.  — Chaps.  122,  123. 


Cha2}.^22  An  Act  to  provide  clerical  assistance  for  the  treas- 
urer  OF  THE   COUNTY   OF   HAMPSHIRE. 


Clerical 
assistance 
I'or  the  treas- 
urer of 
llanipshiro 
county. 


Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  treasurer  of  the  county  of  Hampshire 
shall  annually  be  allowed  from  the  treasury  of  the  county 
the  sum  of  four  hundred  dollars  for  clerical  assistance. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Ajyproved  March  9,  1911. 


Cha2>.12^  An  Act  to  authorize  the  city  of  new  Bedford  to  incur 

INDEBTEDNESS   FOR   A   NEW   SCPIOOLHOUSE. 


The  city  of 
New  Bedford 
may  borrow 
money  for 
constructing 
a  now  school- 
house. 


Payment  of 
loan. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  New  Bedford,  for  the  purpose 
of  constructing  and  furnishing  a  schoolhouse  in  the  south 
part  of  the  city  and  for  the  purchase  of  land  therefor,  may 
incur  indebtedness  beyond  the  limit  fixed  by  law  to  an 
amount  not  exceeding  one  hundred  and  seventy -five  thou- 
sand dollars,  and  may  issue  bonds,  notes  or  scrip  therefor. 
Such  bonds,  notes  or  scrip  shall  be  payable  within  such 
periods,  not  exceeding  twenty  years  from  the  dates  of  issue, 
and  shall  bear  such  rate  of  interest,  not  exceeding  four  per 
cent  per  annum,  payable  semi-annually,  as  the  city  council 
shall  determine.  Except  as  otherwise  provided  herein  the 
provisions  of  chapter  twenty-seven  of  the  Revised  Laws 
shall,  so  far  as  they  may  be  applicable,  apply  to  the  indebt- 
edness hereby  authorized  and  to  the  securities  issued  therefor. 

Section  2.  The  city  council  of  said  city  shall,  at  the 
time  of  authorizing  said  loan,  provide  for  the  payment 
thereof  in  such  annual  proportionate  payments  as  will  ex- 
tinguish the  same  within  the  time  prescribed  in  this  act; 
and  thereafter,  without  further  action  by  the  city  council, 
the  amount  required  for  such  ]>ayinents  shall  be  assessed 
by  the  assessors  of  the  city  in  each  year,  in  the  same  manner 
in  which  other  taxes  are  assessed  under  the  provisions  of 
section  thirty-seven  of  Part  I.  of  chapter  four  hundred  and 
ninety  of  the  acts  of  the  year  nineteen  hundred  and  nine, 
until  the  debt  incurred  by  the  said  loan  is  extinguished. 

Section  3.     This  act  shall  take  effect  upon  its  ])assage. 

Approved  March  9,  1911. 


Acts,  1911.  —  CiiArs.  124,  125.  95 


An  Act  relative  to  the  taking  of  land  by  the  town  CJiap.l  24: 
OF  danvers  for  its  electric  light  plant. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  six  of  chapter  three  hundred  and  i^f^'i'^^^^ 
seventy-eight  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-one  is  hereby  amended  by  inserting  after  the  word 
"take",  in  the  third  hue,  the  words:  —  or  acquire  by  pur- 
chase or  otherwise,  —  by  inserting  after  the  word  "any", 
in  said  third  Une,  the  word:  —  additional,  —  and  by  strik- 
ing out  the  words  "one  acre",  in  the  fourth  Hne,  and  insert- 
ing in  place  thereof  the  words:  —  three  acres,  —  so  as  to 
read  as  follows:  —  Section  6.  For  the  purposes  of  this  act  Taking  of 
said  town  may  use  any  unoccupied  land  now  owned  by  it,  '^^  '  '^ "' 
or  may  take  or  acquire  by  purchase  or  otherwise,  at  a  meet- 
ing called  for  that  purpose,  any  additional  land  within  its 
limits  not  exceeding  three  acres  and  not  already  appropriated 
to  public  uses.  The  selectmen  of  said  town  shall,  within 
sixty  days  after  said  taking,  file  in  the  registry  of  deeds 
for  the  southern  district  of  the  county  of  Essex  such  a  descrip- 
tion of  the  land  so  taken  as  is  required  in  a  common  convey- 
ance, and  a  statement  of  the  purpose  for  which  the  land  is 
taken,  which  description  and  statement  shall  be  signed  by 
the  selectmen  or  a  major  part  of  them,  and  the  title  of  such 
land  shall  vest  in  the  town  of  Danvers  from  the  date  of 
such  filing. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  9,  1911. 

An  Act  to  incorporate  the  wads  worth  cemetery  asso-  CJiap.125 

CIATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     James  O.  Perry,  Wallace  P.  Perry,  Wilbert  wadsworth 
O.  Dwinell,  James  A.  Perry,  Charles  H.  Preston,  Caroline  Associa'tfon 
P.  Cook,  Charles  R.  Tapley,  Luther  G.  Straw,  Sarah  P.  *-««^P»'-'»ted. 
White,  Alfred  Hutchinson,  Charles  B.  Rice,  Alden  P.  White, 
Edward  H.   Chandler,   Edward   E.   Woodman,   Charles  S. 
Bodwell,  Lucy  F.  Putnam,  Walter  K.  Biglow,  George  B. 
Sears,  Oscar  R.  Bodwell,  S.  Evalyn  Marston,  their  associates 
and  successors,  are  hereby  made  a  corporation,  by  the  name 
of  the  Wadsworth  Cemetery  Association,  for  the  purpose 
of  acquiring,  holding,   maintaining,  improving  and  enlarg- 


96 


Acts,  1011.  — Chap.  125. 


Membership. 


May  acquire 

possession 
of  ;i  certain 
cemetery. 


Proviso. 


ing,  for  a  place  of  burial  for  the  dead,  ccrtdin  land  set  apart 
and  known  as  Wadsworth  cemetery,  situated  on  the  westerly 
side  of  Summer  street  in  the  town  of  Danvers,  containing 
about  one  acre  and  seventy-four  square  rods,  and  being 
described  in  two  deeds  from  Benjamin  Wadsworth  to  the 
inhabitants  of  the  North  Parish  in  Danvers,  dated  respec- 
tively, April  8,  1825,  and  June  16,  1826,  and  recorded,  re- 
spectively, in  Essex  South  District  Registry  of  Deeds,  in 
book  238,  page  27,  and  book  244,  page  104,  and  since  the 
date  of  said  deeds  cared  for  and  maintained  by  the  First 
Religious  Society  in  Danvers,  the  successor  of  the  North 
Parish  in  Danvers.  The  said  corjioration  shall  have  all  the 
powers  and  privileges  and  shall  be  subject  to  all  the  duties, 
restrictions  and  liabilities  set  forth  in  all  general  laws  now 
or  hereafter  in  force  relating  to  such  corporations. 

Section  2.  In  addition  to  the  persons  named  in  section 
one,  the  owner,  or  the  representative  of  the  owners,  of 
any  burial  lot  in  said  cemetery  may  become  a  member 
of  the  corporation  by  signing  the  by-laws,  which  by-laws 
shall  prescribe  the  manner  of  determination  of  such  owner- 
ship and  representation,  and  shall  prescribe  how  and  when 
membership  shall  cease.  The  First  Religious  Society  in 
Danvers  may  at  its  first  annual  meeting  held  after  the 
passage  of  this  act  choose  nine  of  its  members,  three  for  the 
term  of  three  years,  three  for  two  years  and  three  for  one 
year,  and  thereafter  at  each  succeeding  amuial  meeting,  three 
for  three  years,  which  persons  shall  be  designated  as  said 
society's  representative  members  of  said  cemetery  corpora- 
tion, and  such  persons  for  and  during  their  respective  terms 
of  election  shall  have  full  powers  of  membership  in  said 
cemetery  corporation. 

Section  3.  Said  corporation  is  hereby  authorized  to 
acquire  possession  and  control  of  said  cemetery,  and  may 
purchase  from  time  to  time,  and  may  acquire  by  gift,  be- 
quest, devise  or  otherwise,  and  may  hold  so  much  real  and 
personal  ])roperty  as  may  be  necessary  or  appropriate  for 
the  purposes  of  the  corporation:  })rovi(Icd,  that  nothing 
herein  contained  shall  affect  the  individual  rights  of  pro- 
])riet()rs  in  said  cemetery.  The  said  First  Religious  Society 
is  hereby  authorized  to  convey  to  said  corporation  all  its 
right,  title  and  interest  in  the  lands  which  are  described  in 
the  deeds  mentioned  in  section  one,  and  in  all  other  i)ro})erty, 
or  rights  api)ertaining  tluMvto  which  said  society  has  or  is 
entitled  to  have,  including  all  moneys  and  funds  belonging 


Acts,  1011.  — Chap.  125.  97 

to  said  cemetery;    provided,  that  the  majority  of  the  legal  Proviso, 
voters  of  said  society  present  and  voting  thereon,  shall  vote 
so  to  do  at  its  annual  meeting,  or  at  any  meeting  duly  called 
for  that  purpose. 

Section  4.  The  net  proceeds  of  the  sale  of  lots  in  the  Proceeds  of 
lands  of  the  corporation  and  all  income  received  from  any  eta  "  °  ^• 
other  source  by  the  corporation,  the  use  of  which  is  not 
determined  by  a  trust,  shall  be  applied  exclusively  to  the 
care,  maintenance,  improvement  or  embellishment  of  its 
cemetery  and  the  structures  therein,  or  to  the  purchase 
of  additional  land  for  cemetery  purposes,  and  to  the  payment 
of  current  and  incidental  expenses  of  the  cemetery,  and  to 
no  other  purpose. 

Section  5.  Said  corporation  is  authorized  to  take  and  q^estsj^etc. 
hold  any  grant,  gift  or  bequest  of  property  in  trust  or  other- 
wise, for  the  care,  protection,  embellishment,  improvement 
or  extension  of  its  cemetery,  or  for  the  care,  embellishment, 
protection  or  improvement  of  any  lot  therein,  or  for  the 
care,  repair,  preservation  or  removal  of  any  monument, 
tomb,  fence  or  other  structure  therein,  or  for  planting  a 
lot  or  its  vicinity  with  trees  or  shrubs;  and  when  such  gift 
or  bequest  is  made  the  said  corporation  may  give  to  the  per- 
son making  the  same  or  to  his  representative  an  obligation 
binding  the  corporation  to  fulfil  the  terms  of  the  trust. 

Section  6.  The  officers  of  the  corporation  shall  consist  Directors, 
of  five  directors,  of  whom  at  least  two  shall  be  members  etc'.' 
either  of  the  First  Religious  Society  in  Danvers,  or  of  the 
First  Church  with  which  said  societv  is  connected,  a  treas- 
urer  and  a  clerk,  who  shall  be  elected  at  the  annual  meeting 
of  the  corporation,  a  president  to  be  elected  annually  by 
the  directors  from  their  number,  and  such  other  officers  as 
may  be  provided  for  by  the  by-laws.  The  officers  shall  each 
be  elected  for  one  year  and  until  a  successor  is  elected  and 
qualified.  The  directors  shall  have  the  general  manage- 
ment of  the  property,  expenditures  and  affairs  of  the  cor- 
poration, and  the  sale  of  lots  in  said  cemetery,  and  shall 
make  a  report  of  their  doings  to  the  corporation  ^t  its  annual 
meetings.  If  a  vacancy  occurs  in  the  board  of  directors  or  Vacancy, 
in  the  office  of  treasurer  or  clerk  it  may  be  filled  for  the 
unexpired  term  at  any  special  meeting  of  the  corporation. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  9,  1911. 


98 


Acts,  1911.  — Chaps.  126,  127. 


Repeal. 


Cha2J.126  An  Act  relative  to  petit  larceny. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty  of  chapter  two  hundred  and  eight  of  the 
Revised  Laws,  as  amended  by  chapter  three  hundred  and 
eighty-nine  of  the  acts  of  the  year  nineteen  hundred  and 
ten,  relative  to  the  punishment  for  petit  larceny,  is  hereby 
repealed.  Apinoved  March  11,  1911. 


Chap.VU  An  Act  relative  to  the  reporting  of  criminal  offences 

IN   DIVORCE   CASES   TO   THE   DISTRICT   ATTORNEY. 


R.  L.  152, 
§  41, 
amended. 


Notice  to 
district 
attorney  of 
criminal 
offences,  etc. 


Be  it  enacted,  etc.,  as  follows: 

Section  forty-one  of  chapter  one  hundred  and  fifty-two  of 
the  Revised  Laws  is  hereby  amended  by  inserting  after  the 
word  "crime",  in  the  second  line,  the  words:  —  other  than 
adultery,  —  by  inserting  after  the  word  "  proper ",  in  the 
eighth  line,  the  words:  —  but  if  the  divorce  is  granted 
because  of  adultery  the  court  shall  cause  notice  of  such 
facts,  information  and  list  of  witnesses  to  be  given  to  the 
district  attorney,  —  and  by  striking  out  the  word  "shall", 
in  the  ninth  and  in  the  eleventh  lines,  and  inserting  in  place 
thereof  the  word :  —  may,  —  so  as  to  read  as  follows :  — 
Section  41.  If  a  divorce  is  granted  for  a  cause  which  con- 
stitutes a  crime,  other  than  adultery,  committed  within  this 
commonwealth  and  within  the  time  provided  by  law  for 
making  complaints  and  finding  indictments  therefor,  the 
court  which  grants  the  divorce  may  in  its  discretion  cause 
notice  of  such  facts  to  be  given  by  the  clerk  of  the  court 
to  the  district  attornev  for  the  count\-  in  which  such  crime 
was  committed,  with  a  list  of  the  witnesses  proving  such  crime 
and  any  other  information  which  the  court  may  consider 
proper,  but  if  the  divorce  is  granted  because  of  adultery 
the  court  shall  cause  notice  of  such  facts,  information  and 
list  of  witnesses  to  be  given  to  the  district  attorney,  and 
thereupon  the  district  attorney  may  cause  com])laint  therefor 
to  be  made  before  a  magistrate  having  juri.sdiction  thereof, 
or  may  present  the  evidence  thereof  to  the  grand  jury. 

Approved  March  11,  1011. 


Acts,  1911.  — Chap.  128.  99 


An  Act  to  authorize  the  old  colony  trust  company,  Chap.l2S 

THE    MASSACHUSETTS    TRUST    COMPANY,    THE    MERCANTILE 
TRUST  COMPANY  AND  THE  CITY  TRUST  COMPANY  TO  MERGE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     The  Old  Colony  Trust  Company,  the  Massa-  Certain  trust 
chusetts  Trust   Company,  the  Mercantile  Trust  Company  autho*?zedto 
and  the  City  Trust  Company  may  apply  to  the  board  of  •^^''s^- 
bank  incorporation  for  authority  to  merge,  and  if  the  board 
shall  grant  such  authority  the  respective  boards  of  directors 
of  said  trust   companies  may  make  an  agreement  for  the 
merger  of  the  IVIassachusetts  Trust  Company,  the  Mercan- 
tile Trust  Company  and  the  City  Trust  Company  in  the 
Old  Colony  Trust  Company,  prescribing  the  terms  and  con- 
ditions thereof  and  the  mode  of  carrying  the  same  into 
effect,  which  agreement  shall  be  subject  to  the  approval  of 
the  bank  commissioner. 

Section  2.     Such  merger  shall  become  effective,  valid  and  f^fo^ed  ^^ 
binding  only  when  the  terms  thereof  have  been  approved, 
at  meetings  called  for  the  purpose,  by  votes  of  at  least  two 
thirds  in  interest  of  the  stockholders  of  each  of  the  contract- 
ing trust  companies. 

Section  3.     No  such  merger  shall  work  a  dissolution  of  Sfe^nces  of 
any  of  said  trust  companies  or  a  termination  of  their  several  ^^^  merged 

.  i>      1      •      p  1  •  1  1  companies  to 

corporate  existences  or  oi  their  franchises,  but  the  corporate  continue,  etc. 
existence  of  each  trust  company  so  merged  shall  be  continued 
by  the  Old  Colony  Trust  Company,  and  all  their  privileges 
and  franchises  and  all  their  rights,  titles  and  interests  in 
and  to  any  species  of  property  and  things  in  action  shall 
forthwith  without  any  deed  or  transfer  be  vested  in  said 
Old  Colony  Trust  Company  to  hold  and  enjoy  in  the  same 
manner  and  to  the  same  extent  as  the  said  trust  companies 
so  merged  had  formerly  held  and  enjoyed  the  same;  but 
the  several  merged  trust  companies  may  in  their  discretion 
execute  one  or  more  deeds  or  instruments  of  conveyance 
transferring  or  confirming  all  their  rights,  titles  and  interests 
aforesaid  to  the  Old  Colony  Trust  Company.  The  rights 
of  creditors  of  any  trust  company  so  merged  shall  not  in 
any  manner  be  impaired  by  any  such  merger,  and  the  Old 
Colony  Trust  Company  shall  upon  such  merger  continue  to 
exercise  and  be  subject  to  all  the  duties,  relations,  obliga- 
tions, trusts  and  liabilities  of  such  merged  trust  companies 
whether   as    debtor,   depositary,   registrar,   transfer   agent. 


100 


Acts,  1911.  — Chaps.  129,  130. 


Capital 
stock. 


Taking  of 
name  of 
merged  com- 
pany for- 
bidden. 


Branch 
office. 


executor,  administrator,  trustee  or  otherwise,  and  be  held 
liable  to  pay  and  discharge  all  such  debts  and  liabilities, 
and  to  perform  all  such  duties  and  trusts,  in  the  same  man- 
ner and  to  the  same  extent  as  if  said  Old  Colony  Trust  Com- 
pany had  itself  incurred  the  obligation  or  liability  or  assumed 
the  duty,  relation  or  trust,  and  no  suit,  action  or  other 
proceeding  then  pending  before  any  court  or  tribunal  in 
which  any  trust  company  that  may  be  so  merged  is  a  party 
shall  be  deemed  to  have  abated  or  to  have  been  discon- 
tinued by  reason  of  such  merger. 

Section  4.  The  Old  Colony  Trust  Company  may  in- 
crease its  capital  stock  to  the  aggregate  amount  of  the  author- 
ized capital  stocks  of  its  constituent  corporations,  subject 
to  the  provisions  of  chapter  one  hundred  and  eighty-nine 
of  the  acts  of  the  year  nineteen  hundred  and  five. 

Section  5.  No  other  corporation  shall,  for  the  period  of 
twenty  years  after  the  passage  of  this  act,  use  or  take  the 
name  of  any  trust  company  so  merged,  without  the  consent 
of  the  Old  Colony  Trust  Company. 

Section  6.  The  Old  Colony  Trust  Company  shall  not 
maintain  after  said  merger  more  than  one  branch  office. 

Section  7.    This  act  shall  take  efi^ect  upon  its  passage. 

Approved  March  11,  1911. 

Cha2).129  An  Act  to  regulate  public  lodging  houses  in  certain 

CITIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  provisions  of  chapter  two  hundred  and 
forty-two  of  the  acts  of  the  year  nineteen  hundred  and  four, 
regulating  public  lodging  houses  in  cities  of  over  fifty  thousand 
inhabitants,  shall  also  apply  to  all  buildings  in  said  cities 
maintained  for  furnishing  lodging  to  transient  persons,  and 
not  licensed  as  an  inn,  in  which  ten  or  more  persons  are  lodged, 
notwithstanding  that  no  price  is  charged  for  lodging. 

Section  2.  This  act  shall  take  efl'oct  on  the  first  day  of 
June  in  the  year  nineteen  hundred  and  eleven. 

Approved  March  11,  1911. 

Chap.V'\0  An  Act  relative  to  the  punishment  ok  persons  who 

attempt  to  commit  crimes. 

Be  it  enacted,  etc.,  as  folloics: 

^*'''*'"'"  Clause  Fourth  of  section  six  of  (•lia])tcr  two  hundred  and 

fifteen  of  the  Revised  Laws,  which  provides  that  punish- 


Certain  lodg' 
ing  houses 
reguhitcd. 


Time  of 
taking  effect 


Acts,  1011.  — Chaps.  131,  132.  101 

ment  by  imprisonment  for  an  attempt  to  commit  a  crime 
shall  in  no  case  exceed  one  half  of  the  greatest  punishment 
which  might  have  been  inflicted  if  the  offence  attempted 
had  been  committed,  is  hereby  repealed. 

Approved  March  11,  1911. 

An  Act  to  authorize  the  city  of  new  Bedford  to  incur  (JJkijj  131 
indebtedness  for  the  purpose  of  sewerage  construc-  * 

TION. 

Be  it  cjiacted,  etc.,  as  follows : 

Section  1.     The  city  of  New  Bedford,  for  the  purpose  The  city  of 
of  sewerage  construction  in  that  city,  may  incur  indebted-  may  wrow^ 
ness  beyond  the  limit  fixed  by  law  to  an  amount  not  exceed-  fi"ney  for 

,  '^  'J  _  sewerage  con- 

ing one  hundred  and  fifty  thousand  dollars,  and  may  issue  struction. 

bonds,  notes  or  scrip  therefor.  Such  bonds,  notes  or  scrip 
shall  be  payable  within  such  periods,  not  exceeding  thirty 
years  from  the  dates  of  issue,  and  shall  bear  such  rate  of 
interest,  not  exceeding  four  per  cent  per  annum,  payable 
semi-annually,  as  the  city  council  shall  determine.  Except  Certain  pro- 
as otherwise  provided  herein  the  provisions  of  chapter  four  VoayyXy.  ^^ 
hundred  and  ninety  of  the  acts  of  the  year  nineteen  hundred 
and  nine  shall,  so  far  as  they  may  be  applicable,  apply  to 
the  indebtedness  hereby  authorized  and  to  the  securities 
issued  therefor. 

Section  2.  The  city  council  of  said  city  shall,  at  the  Payment  of 
time  of  authorizing  said  loan,  provide  for  the  payment  ''"*°' 
thereof  in  such  annual  proportionate  payments  as  will  ex- 
tinguish the  same  within  the  time  prescribed  in  this  act; 
and  thereafter,  without  further  action  by  the  city  council, 
the  amount  required  for  such  payments  shall  annually  be 
assessed  by  the  assessors  of  the  city,  in  the  same  manner  in 
which  other  taxes  are  assessed  under  the  provisions  of  section 
thirty-seven  of  Part  I  of  chapter  four  hundred  and  ninety 
of  the  acts  of  the  year  nineteen  hundred  and  nine,  until 
the  debt  incurred  by  the  said  loan  is  extinguished. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  11,  1911. 

An  Act  to  authorize  the  city  of  pittsfield  to  incur  Cha?^.132 

ADDITIONAL   INDEBTEDNESS   FOR   SEWERAGE   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  city  of  Pittsfield,  for  the  purposes  men-  Pittsfiew 

tioned  in  chapter  three  hundred  and  fifty-seven  of  the  acts  of  LorirA^c^t  of 

1911! 


102 


Acts,  1911.  — Chap.  IS.'^. 


Proviso. 


Payment  of 
loan. 


the  year  eighteen  lumdred  and  ninety  and  acts  in  amendment 
thereof  or  in  addition  thereto,  may  issue  from  time  to  time 
bonds,  notes  or  scrip  to  an  amount  not  exceeding  two  hundred 
thousand  dollars  in  addition  to  the  amounts  heretofore  author- 
ized by  law  to  be  issued  by  said  city  for  sewerage  purposes. 
Such  bonds,  notes  or  scrip  shall  bear  on  their  face  the  words, 
Pittsfield  Sewerage  Loan,  Act  of  1911;  shall  be  payable 
at  the  expiration  of  periods  not  exceeding  thirty  years  from 
the  dates  of  issue;  shall  bear  interest  payable  semi-annually 
at  a  rate  not  exceeding  four  per  cent  per  annum;  and  shall 
be  signed  by  the  treasurer  and  countersigned  by  the  mayor 
of  the  city.  The  city  may  sell  such  securities  at  public  or 
private  sale  upon  such  terms  and  conditions  as  it  may  deem 
proper:  iwovided,  that  the  securities  shall  not  be  sold  for 
less  than  their  par  value.  The  city  may  authorize  temporary 
loans,  at  a  rate  of  interest  not  exceeding  five  per  cent  per 
annum,  to  be  made  by  its  mayor  and  treasurer  in  anticipa- 
tion of  the  bonds  hereby  authorized. 

Section  2.  The  city  shall  at  the  time  of  authorizing  the 
said  loan  provide  for  the  payment  thereof  in  such  annual 
proportionate  payments,  beginning  not  more  than  five  years 
after  the  first  issue  of  any  of  such  bonds,  notes  or  scrip,  as  will 
extinguish  the  same  within  the  time  prescribed  by  this  act; 
and  when  a  vote  to  that  effect  has  been  passed  a  sum  which 
will  be  sufficient  to  pay  the  interest  as  it  accrues  on  said 
J)()nds,  notes  or  scrip,  and  to  make  such  payments  on  the 
j^riiicipal  as  may  be  required  under  the  provisions  of  this 
act,  shall,  witliout  further  vote,  be  assessed  by  the  assessors 
of  the  city  in  each  year  thereafter,  in  a  manner  siniilar  to 
that  in  which  other  taxes  are  assessed  under  the  provisions 
of  section  thirty-seven  of  Part  I  of  chapter  four  hundred 
and  ninety  of  tiie  acts  of  the  year  nineteen  hundred  and  nine, 
until  the  debt  incurred  by  said  loan  is  extinguished. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  11,  1011. 


Chcq).lfl'l  An  Act  to  confirm  the  election  of  certain  officers 

ELECTED   BY   TIIE   TOWN    OF   PLYMOUTH. 

Be  it  enacted,  etc.,  as  foUows: 

Sru!in"»mcor8       Section  1.     The  election  of  town  officers  by  the  town  of 

confinucd.        Plymouth  at  the  annual  town  meeting  on  the  fourth  day 

of  March  in  the  current  year  shall  be  valid  notwithstanding 


Acts,  1911.  — Chap.  134.  103 

the  fact  that  the  papers  nominating  certain  of  the  said  officers 
were  not  filed  within  the  time  required  by  law. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  11,  1911. 

An  Act  relative  to  the  boston  firemen's  relief  fund.  (Jj^q^j^  2^34 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  three  hundred  and  eight  of  the  acts  1909,  sos, 
of  the  year  nineteen  hundred  and  nine  is  hereby  amended  "'  ^^'^'^ 
by  striking  out  section  two  and  inserting  in  place  thereof 
the  following :  —  Section  2.  The  twelve  members  of  the  Boston  Fire- 
fire  department  of  the  city  of  Boston  mentioned  in  section  Pund,  eiec-*^^ 
one  shall  be  elected  by  ballot  by  the  members  of  the  said  bei"s°etc!'^'" 
department  in  the  following  manner :  —  On  the  second  Mon- 
day of  September  in  the  year  nineteen  hundred  and  eleven 
there  shall  be  elected  twelve  members,  and  no  member  of 
the  said  department  shall  vote  for  more  than  twelve.  The 
four  members  receiving  the  largest  number  of  votes  shall 
serve  for  three  years,  the  four  receiving  the  next  largest 
number  of  votes  shall  serve  for  two  years,  the  four  receiv- 
ing the  next  largest  number  of  votes  shall  serve  for  one  year. 
In  case  two  or  more  members  elected  should  receive  an 
equal  number  of  votes,  those  who  are  the  seniors  by  terms 
of  service  in  the  said  fire  department  shall  for  the  division 
into  classes  hereby  required  be  classified  as  if  they  had 
received  the  larger  number  of  votes  in  the  order  of  their 
seniority.  Thereafter  on  the  second  Monday  of  September 
in  each  year  there  shall  be  elected  by  ballot  four  members 
to  serve  for  a  term  of  three  years,  and  no  member  of  the  said 
fire  department  shall  vote  for  more  than  four.  The  one 
member  of  the  Boston  protective  department  hereinafter 
mentioned  shall  be  elected  by  ballot  by  the  members  of 
the  said  Boston  protective  department  on  the  second  Mon- 
day of  September  in  the  year  nineteen  hundred  and  eleven 
to  serve  for  three  years,  and  thereafter,  triennially,  on  the 
said  second  Monday  of  September  there  shall  be  elected 
one  member  to  serve  for  three  years.  No  member  of  the 
Boston  protective  department  shall  vote  for  more  than  one. 
All  said  terms  shall  begin  on  the  second  Tuesday  follow- 
ing the  election.  When  a  vacancy  occurs  in  the  member- 
ship of  the  corporation  the  remaining  members  shall  elect 
by  a  majority  vote  a  member  of  either  of  the  aforesaid 
departments  to  fill  the  vacancy  for  the  remainder  of  the 


ICM:  Acts,  1911.  — Chap.  135. 

year.  The  vacancy  for  tlic  remainder  of  the  unexpired  term 
shall  be  filled  at  the  next  annual  election.  The  corporation 
shall  prescribe  by  by-laws  the  manner  of  conducting  its 
annual  elections. 

1909, 308  Section  2.     Section  three  of  said  chapter  three  hundred 

and  eight  is  hereby  amended  l)y  striking  out  the  words  "of 
the  twelve  members  above",  in  the  fifth  line,  and  inserting 
in  place  thereof  the  word:  —  herein,  —  so  as  to  read   as 

hiwreic^*  follows:  —  Section  3.  The  corporation  shall,  subject  to  the 
approval  of  the  fire  commissioner  of  the  city  of  Boston, 
adopt  by-laws  for  the  management  of  its  property  and  for 
carrying  out  its  i)urposes;  and  it  shall  annually,  within 
sixty  days  after  the  election  herein  })rovided  for,  choose 
such  officers  as  may  be  required  by  its  by-laws.  The  cor- 
poration shall  annually  file  a  rejiort  with  the  city  clerk  of 
the  city  of  Boston  and  with  the  commissioner  of  corpora- 
tions showing  in  detail  its  assets  and  liabilities,  its  receipts 
of  money  or  other  property,  the  soiu'ce  of  such  receipts, 
and  a  statement  of  all  sums  paid  out  for  relief  or  for  expenses, 
with  the  names  of  the  persons  receiving  the  same. 

anu^ided''  Section  3.     Said    chapter   three    hundred    and    eight   is 

by  addiiif;         hcrcbv  furtlicr  amended  bv  adding  at  the  end  thereof  the 


■j-« 


Additional        following  ucw  scctiou:  —  Section   7.     At  the  election  pro- 
member.  vidcd  for  by  tliis  act  to  be  held  on  the  second  ■Monday  of 

September  in  the  year  nineteen  lumdred  and  eleven,  there 
shall  be  elected  in  addition  to  the  twelve  members  of  the 
fire  department  of  said  city  as  ])rovided  for  in  said  act, 
one  member  of  the  Boston  protective  dei)artnicnt. 

Approved  March  13,  1911. 


Chcip.lo^  An  Act  to  provide  for  the  protection  of  sources  of 

WATER  SUPPLY   USED   BY   WATER   SUPPLY   DISTRICTS. 


100R.  409, 
§  1,  aiiu'iided 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  foiu'  hundred  and 
ninety-nine  of  the  acts  of  the  year  nineteen  hundred  antl 
eight  is  hereby  amended  by  inserting  after  the  word  "  towns  ", 
in  the  first  line,  the  words:  —  water  supj^ly,  —  so  as  to  read 
Protection  of  as  foUows:  —  Sectlon  1.  Cities,  towns,  water  supply  ami 
wauVsuppiy.  fire  districts  duly  established  by  legislative  authority  may, 
with  the  consent  and  approval  of  the  state  board  of  health, 
given  after  due  notice  and  a  hearing,  take,  or  accjuire  by 
l)urchase  or  otherwise,  anil  hold  any  huuls,  buildings,  rights 


Acts,  1911.  — Chap.  135.  105 


of  way  and  easements  within  the  w^atershed  of  any  pond, 
stream,  reservoir,  well  or  other  water  used  by  them  as  a 
source  of  water  supply,  which  said  board  may  deem  neces- 
sary to  protect  and  preserve  the  purity  of  the  water  supply. 

Section  2.  Section  two  of  said  chapter  four  hundred  and  §^P^amended. 
ninety-nine  is  hereby  amended  by  inserting  after  the  word 
"town",  in  the  second  line,  the  words:  —  water  supply,  — 
so  as  to  read  as  follows:  —  Section  2.  If  any  lands,  build-  Sk'nii^Ia" 
ings,  rights  of  way  or  easements  are  taken  under  authority  *.g);^"^Jj ''J^,. 
hereof  the  city,  town,  water  supply  or  fire  district  shall, 
within  ninety  days  thereafter,  file  and  cause  to  be  recorded 
in  the  registry  of  deeds  for  the  county  or  district  in  which 
the  same  are  situated,  a  description  thereof  sufficiently  accu- 
rate for  identification,  with  a  statement  of  the  purpose  for 
which  the  same  are  taken,  signed  by  the  water  connuission- 
ers  of  said  city,  town  or  district.  Upon  the  filing  of  said 
description  and  statement  the  title  in  fee  simple  to  the  lands, 
buildings,  rights  or  easements  so  taken,  shall  vest  in  the 
city,  town  or  district.  All  huuls  taken,  purchased  or  other- 
wise acquired  under  the  provisions  of  this  act  shall  be  under 
the  control  of  the  board  of  water  commissioners  of  the  city, 
town  or  district  acquiring  the  same,  wdio  shall  manage  and 
improve  them  in  such  manner  as  they  shall  deem  for  the 
best  interest  of  the  city,  town  or  district. 

Section  3.  Section  five  of  said  chapter  four  hundred  l^rf^^ntended 
and  ninety-nine  is  hereby  amended  by  inserting  after  the 
word  "town",  in  the  first  and  tenth  lines,  the  words:  — 
water  supply,  —  so  as  to  read  as  follows:  —  Section  5.  After  valuation  of 
the  actual  taking  by  a  city,  town,  water  supply  or  fire  dis-  e't"  ^  ''"' 
trict  of  property  in  another  city  or  town  for  the  purposes 
of  this  act,  the  same  may  be  valued  by  the  assessors  of  the 
city  or  town  in  which  such  property  is  situated  on  the  basis 
of  the  average  of  the  assessed  value  of  the  land  and  buildings 
for  the  three  years  preceding  the  acquisition  thereof,  the 
valuation  for  each  year  being  reduced  bv  all  abatements 
thereon;  but  any  part  of  such  land  or  buildings  from  which 
any  revenue  in  the  nature  of  rent  is  received  shall  be  sub- 
ject to  taxation,  and  the  city,  town,  water  supply  or  fire 
district  acquiring  such  property  shall  pay  to  the  city  or 
town  in  which  it  is  situated  taxes  or  sums  in  lieu  of  taxes 
at  the  rate  per  thousand  of  all  taxes  in  such  city  or  town 
for  that  year  on  the  valuation  so  determined.  Cases  of  dis- 
pute as  to  valuations  arising  under  this  act  shall  be  governed 
by  the  provisions  of  sections  eleven  and  twelve  of  chapter 


106  Acts,  1911.  — Ciiapr.  136,  137. 

twelve  of  the  Revised  Laws,  and  of  all  amendments  thereof 
now  or  hereafter  made. 
Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  13,  1911. 

Chaj^.l^G  An  Act  to  include  the  twelfth  day  of  October,  known 

AS    COLUMBUS    DAY,    IN    THE    LIST    OF    LEGAL    HOLIDAYS. 

Be  it  enacted,  etc.,  as  follows: 

amended.  ^'  The  ninth  clause  of  section  five  of  chapter  eight  of  the 

Revised  Laws  is  hereby  amended  by  inserting  in  the  fourth 
line,  before  the  words  "Thanksgiving  day",  the  words:  — 
the  twelfth  day  of  October,  —  and  also  by  inserting  after 
the  word  "mentioned",  in  the  fifth  line,  the  words:  —  the 
twelfth  day  of  October,  —  so  that  the  said  clause  will  read 

Legal  as  follows:  —  Ninth.     The  words  "legal  holiday"  shall  in- 

*^^'  elude  the  twenty-second  day  of  February,  the  nineteenth 

day  of  April,  the  thirtieth  day  of  May,  the  fourth  day  of 
July,  the  first  Monday  of  September,  the  twelfth  day  of 
October,  Thanksgiving  day  and  Christmas  day,  or  the  day 
following  when  any  of  the  four  days  first  mentioned,  the 
twelfth  dav  of  October  or  Christmas  dav  occurs  on  Sundav ; 
and  the  public  offices  shall  be  closed  on  all  of  said  days. 

Approved  March  IS,  1911. 

Ghap.ViVi  An  Act  to  provide  for  the  pensioning  of  members  of 

THE  POLICE  department  OF  THE  CITY  t)F  WORCESTER  WHO 
ARE   veterans   OF   THE   CIVIL  WAR. 

Be  it  enacted,  etc.,  as  follows: 

berfonr"'        Section  1.     The  mayor  and  the  board  of  aldermen  of 
police  depart-    i[^q  (.j^y  Qf  Worccstcr  sIkiH,  at  his  own  reciuest,  retire  from 
Worc.st.r        active  service  and  place  upon  a  pension  roll  any  member 
pensioned.        of  the  poHcc  department  of  that  city  who  ser\'ed   in   the 
military  or  naval  service  of  the  rnitod  States  in  the  civil 
war  and  who  was  honorably  discharged  therefrom,  and  who 
has  performed  faitliful  service  in  said  ])()]i(e  departineiit  for 
not  less  than  twenty  years  continuously.     Every  member 
so  retired  shall  receive  annually  as  a  pension  one  half  of  the 
amount  received  by  him  at  the  time  of  his  retirement.     Such 
})ensi()iis  shall  be  i)aid  by  the  city,  which  is  hereby  author- 
ized to  a])propriate  money  tlierefor. 
sJi"vice^"'^^  Section  2.     The  mayor  of  said  city  is  hereby  authorized, 

ill  case  of  an  emergency,  to  call  iii)on  any  j)er.soii  so  pen- 


Acts,  1911.  — Chaps.  138,  139.  107 

sloned  for  such  temporary  service  in  the  police  department 
as  he  may  be  fitted  to  perform,  and  during  such  service  he 
shall  be  entitled  to  full  pay. 

Section  3.     This  act  shall  take  effect  upon  its  acceptance 
by  the  city  council  of  the  city  of  Worcester. 

A  J)  proved  March  14,  1911. 

An  Act  relative  to  the   sagamore  water  company.  Chap.138 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  seventeen  of  chapter  six  hundred  and  \^^f'  ^^^' 
eighteen  of  the  acts  of  the  year  nineteen  hundred  and  eight  amended. 
is  hereby  amended  by  striking  out  the  word  "three",  in 
the  fourth  line,  and  inserting  in  place  thereof  the  word :  — 
six,  —  so  as  to  read  as  follows:  —  Section  17.     This  act  shall  JjlJ^nded. 
take  effect  upon  its  passage,  but  shall  become  void  unless 
said  water  company  shall  have  begun  to  distribute  water 
through  its  pipes  to  consumers  in  said  town  within  six  years 
after  the  date  of  its  passage. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  14,  1911. 

An  Act  to  provide  for  widening  a  part  of  mount  auburn  Chap.Vd^d 

STREET  AND  TO  AUTHORIZE  THE  PROPRIETORS  OF  THE  CEME- 
TERY OF  MOUNT  AUBURN,  THE  CITY  OF  CAMBRIDGE  AND  THE 
TOWN.  OF  WATERTOWN  TO  MAKE  CERTAIN  CONTRACTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     In  order  to  make  the  southerly  line  of  Mount  straightening 
Auburn  street  in  Cambridge  as  nearly  straight  as  may  be  ?4uburn 
practicable,  and  continuous  with  the  southerly  line  of  Mount  cambr/dge. 
Auburn  street  in  Watertown,  as  established  by  order  of  the 
county  commissioners  of  the  county  of  IMiddlesex  widening 
said  street  and  the  bridge  over  the  tracks  of  the  Watertown 
branch  of  the  Fitchburg  railroad,  the  said  county  commis- 
sioners, at  any  time  within  two  years  after  this  act  takes 
effect,  may  take  or  acquire  by  purchase  or  otherwise,  and 
hold,  lay  out,  maintain  and  improve  for  street  purposes  the 
whole  or  any  part  of  a  parcel  of  land  belonging  to  the  Pro- 
prietors of  the  Cemetery  of  Mount  Auburn  and  bounded 
and  described  as  follows:  —  Beginning  on  the  southerly  line  Description 
of  Mount  Auburn  street  in  Cambridge  at  the  westerly  cor-  bettken" 
ner  of  land  of  the  said  Proprietors  of  the  Cemetery  of  Mount 
Auburn  and  at  the  easterly  line  of  the  Watertown  branch 


108 


Acts,  1911.  — Chap.  139. 


Taking  to  be 
recorded. 


Damages. 


Payment  of 
costs,  etc. 


Authority 
granted  not 
to  be  exereiscd 
unless,  etc. 


Certain 
parties  may 
coiitrart  with 
each  other, 
etc. 


of  the  Fitchburg  railroad,  thence  running  easterly  along  and 
bounded  by  the  said  southerly  line  of  ]Mount  Auburn  street 
two  hundred  and  sixty-two  and  eleven  hundredths  feet; 
thence  running  westerly  by  a  curved  line  of  one  thousand 
seventeen  and  twenty-four  hundredths  feet,  radius  one  hun- 
dred and  ninety-nine  and  thirty-eight  hundredths  feet; 
thence  running  westerly  in  a  straight  line  eighty-eight  and 
ninety-three  Iiundredths  feet  to  the  easterly  line  of  the  loca- 
tion of  the  Watertown  branch  of  the  Fitchburg  railroad; 
thence  running  northeasterly  by  the  easterly  line  of  said 
location  forty-one  feet.  Said  parcel  is  shown  on  a  plan 
drawn  by  the  city  engineer  of  Cambridge,  dated  the  twenty- 
sixth  day  of  January,  eighteen  hundred  and  ninety-eight, 
and  recorded  in  the  registry  of  deeds  for  the  southern  dis- 
trict of  the  county  of  Middlesex  in  book  of  plans  number 
one  hundred  and  eleven,  plan  seven. 

Section  2.  Said  county  commissioners  shall  within  sixty 
days  after  taking  or  acquiring  said  land,  otherwise  than  by 
purchase  or  gift,  cause  to  be  recorded  in  the  registry  of 
deeds  for  the  southern  district  of  the  countv  of  Middlesex 
a  description  and  a  plan  of  the  land  taken,  with  a  state- 
ment of  the  purpose  for  which  the  same  is  taken,  which 
statement  shall  be  signed  by  the  said  county  commissioners. 

Section  3.  The  estimation  of  damages,  if  any,  caused 
by  said  taking,  and  the  recovery  of  such  damages  shall  in 
all  respects  be  made  and  had  in  the  manner  provided  by 
law  in  the  case  of  land  taken  for  the  laying  out  of  a  highway. 

Section  4.  The  charges,  expenses,  damages  and  costs 
caused  by,  incident  to  and  arising  out  of  said  taking  and 
the  improving  of  said  land  for  street  purposes,  and  of  making 
any  widening  of  the  bridge  over  the  tracks  of  the  Watertown 
branch  of  the  Fitchburg  railroad  which  mav  be  rendered 
necessary  or  desirable  by  the  taking  of  said  land,  which 
widening  the  said  county  commissioners  are  hereby  author- 
ized to  make,  shall  be  paid  by  the  city  of  Cambridge  and 
the  town  of  Watertown. 

Section  5.  The  said  county  commissioners  shall  not 
exercise  the  authority  hereinbefore  grantetl  unless  the  city 
of  Cambridge  should  fail,  within  one  year  after  the  passage 
of  this  act,  to  acquire  title  to  said  })arcel  of  land  by  purchase 
from  or  agreement  with  the  Pr()])riot()rs  of  the  Cemetery  of 
]\lount  Auburn  as  hereinafter  proN'ided. 

Section  6.  At  any  time  within  one  year  after  the  pas- 
sage of  this  act  the  Proprietors  of  the  Cemetery  of  Moimt 


Acts,  1911.  — CiiAr.  139.  109 

Auburn,  hereinafter  called  the  corporation,  and  the  city  of 
Cambridge  may  contract  with  each  other  upon  terms  which 
shall  provide,  in  substance,  that  the  corporation  shall  con- 
vey to  said  city  for  street  purposes  the  parcel  of  land  described 
in  section  one  of  this  act,  for  such  price  as  may  mutually  be 
agreed  upon,  and  that  the  city  shall  at  its  expense  lay  out 
and  improve  the  same  for  street  purposes,  and  the  small 
parcel  of  land  lying  westerly  thereof  and  between  it  and  the 
location  of  the  Watertown  branch  of  the  Fitchburg  rail- 
road and  heretofore  taken  by  the  county  commissioners  of 
IVIiddlesex  county  for  street  purposes,  and  that  said  city 
shall  also  at  its  expense  widen  the  bridge  over  the  tracks  of 
the  Watertown  branch  of  the  Fitchburg  railroad  to  con- 
form with  the  original  plan  and  order  of  said  county  com- 
missioners for  the  widening  of  Mount  Auburn  street,  so 
far  as  said  railroad  company,  or  its  lessors,  the  Boston  and 
Maine  Railroad,  may  not  be  required  by  existing  law  to 
defray  the  expense  of  such  widening  of  the  bridge.  Any  Contract  to 
contract  so  made  shall  be  approved,  in  behalf  of  the  cor-  ^^  approved. 
poration,  by  vote  of  its  trustees,  and  in  behalf  of  the  city 
it  shall  be  approved  in  the  same  manner  in  which  a  contract 
by  said  city  for  the  purchase  of  land  for  street  purposes 
is  required  to  be  approved. 

Section  7.     Said  corporation  and  the  town  of  Watertown,  Certain  land 
in  the  event  of  the  purchase  or  acquiring  of  said  parcel  of  "uded^wuhin 
land  described  in  section  one  of  this  act  by  the  city  of  Cam-  ofniuTt*^''^ 
bridge,  may  from  time  to  time  contract  with  each  other  Aubum. 
upon  terms  providing,  in  substance,  that,  in  consideration 
of  the  payment  of  a  specified  sum  by  the  corporation  to  said 
town  in  lieu  of  all  future  taxes  thereon,  which  sum  shall 
mutually  be  agreed  upon,  or  for  such  other  consideration 
as  may  mutually  be  agreed  upon,  said  corporation  may 
include  within  the  limits  of  said  cemetery  the  whole  or  any 
part  of  the  land  now  or  hereafter  owned  by  said  corporation 
and  abutting  on  said  cemetery,  and  may  inclose  the  same 
by  a  fence,  and  may  use  the  same  for  the  interment  of  human 
remains  or  of  the  ashes  of  the  dead,  and  for  all  other  lawful 
purposes  of  said  corporation:    iwovided,  that  the  consent  of  Proviso, 
the  board  of  health  of  said  town  and  of  the  state  board  of 
health  is  first  obtained  for  including  such  land  wathin  the 
limits  of  said  cemetery.     Any  such  contract  shall  be  ap- 
proved, in  behalf  of  said  corporation,  by  vote  of  its  trustees, 
and  shall  be  authorized,  in  behalf  of  said  town,  by  the  voters 
at  a  town  meeting  of  said  town  duly  called;   and  any  and 


110  Acts,  1911.  — Chaps.  140,  111. 

all  such  contracts  shall  be  recorded  in  the  registry  of  deeds 
for  the  southern  district  for  the  county  of  INIiddlesex. 

Section  8.     This  act  shall  take  effect  upon  its  passage. 

Apjyroved  March  14,  1011. 

Cha2^.14:0  An  Act  to  enlarge  the  usefulness  of  the  free  public 

LIBRARY   SYSTEM. 

Be  it  enacted,  etc.,  as  follows: 

townplibiic  Section  1.     Any  free  city  or  town   public   library  may 

jl^'-r-iiies^inay     lend  its  books  or  other  library  material  to  any  other  free 

etc.,  to  other      public  library  in  any  city  or  town,  under  such  conditions 

tow!fs°etc.        and  regulations  as  may  be  made  in  writing  by  the  board 

of  trustees  or  other  authority  having  control  of  the  library 

so  lending.     Any  city  or  town  may  raise  money  to  pay  the 

expense  of  so  borrowing  books  and  other  library  material 

from  the  library  of  any  other  city  or  town.     Nothing  herein 

contained  shall  be  construed  to  restrict  or  modify  any  power 

w'hich  any  city  or  town,  or  any  board  of  trustees  or  other 

authority  in  control  of  any  free  public  library,   now  has 

to  lend  to,  or  permit  the  use  of  its  books  by,  persons  not 

citizens  of  such  city  or  town. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  14,  1911. 

Chap.l4:l  An  Act  to  authorize  the  town  of  swampscott  and  the 

city    of    LYNN   TO    ENTER    INTO    AN    AGREEMENT    FOR   THE 
DRAINAGE   OR  DISPOSAL   OF   SEWAGE   FROM   CERTAIN   LAND. 

Be  it  enacted,  etc.,  as  follows: 

pS^hiUio  Section  1.     The  town  of  Swampscott  by  its  water  and 

town  of  sewerage  board  and  the  city  of  Lvnn  mav  enter  into  an 

and  the  city  agreement  or  agreements  for  the  drainage  or  disposal  of 
sewage  from  land  or  premises  situated  in  either  said  town 
or  said  city  near  the  boundary  line  separating  Swampscott 
and  Lynn,  and  either  of  said  nuniiciixilities  may  j)ermit 
the  other,  or  residents  or  })roperty  owners  thereof,  with  the 
approval  of  said  town  or  city,  to  make  such  connections 
with  the  sewers  now  or  hereafter  to  be  constructed  by  the 
said  town  or  city,  as  may  be  required  for  such  disposal, 
upon  such  terms  and  conditions  as  may  be  agreed  upon 
from  time  to  time  between  said  town  and  city  as  herein 
provided. 


Acts,  1911.  — Chaps.  142,  143.  Ill 

Section  2.     Residents  or  property  owners  whose  land  or  Assessments, 
premises  shall  be  connected  with  the  public  sew^ers  of  Swamp- 
scott  or  Lynn,  under  the  provisions  of  the  preceding  section, 
shall  be  assessed  by  the  town  or  city  in  which  the  land  or 
premises  lie,  under  the  general  or  special  laws  now  in  force. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  14,  1911. 

An  Act  to  provide  for  a  public  boat  landing  on  mystic  Chap.l4:2 

RIVER    in    the    CIIARLESTOWN    DISTRICT    OF    THE    CITY    OF 

boston. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  city  of  Boston  is  hereby  authorized  to  Boat  landing 
construct  and  maintain  a  public  boat  landing  on  Mystic  rrv^f^*"' 
river  at  Dewey  beach,  in  Medford  street,  in  the  Charlestown 
district  of  said  city,  and  to  appropriate  therefor  the  sum  of 
three  thousand  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  acceptance  Time  of 
by  the  city  council  of  the  city  of  Boston.  taking  effect. 

Approved  March  14,  1911. 

An  Act  relative  to  the  appointment  of  inspectors  of  C7iap.lV3 

animals. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  ninety  of  the  Revised  Laws  is  hereby  r.  l.  oo,  §  12, 
amended  by  striking  out  section  twelve  and  inserting  in  '*™'^° 
place  thereof  the  following:  —  Section  12.     The  mayor  and  aSiS^ap"' 
aldermen  in  cities,  except  Boston,  and  the  selectmen  in  towns  pointme'nt, 
shall  annually,  in  March,  nominate  one  or  more  inspectors 
of  animals,  and  before  the  first  day  of  April  shall  send  to 
the  chief  of  the  cattle  bureau  of  the  state  board  of  agri- 
culture the  name,  address  and  occupation  of  each  nominee. 
Such  nominee  shall  not  be  appointed  until  approved  by  the 
chief  of  the  cattle  bureau  of  the  state  board  of  agriculture. 
The  aforesaid  officials  of  cities  and  towns  may  remove  any 
inspector,  and  shall  thereupon  immediately  nominate  another 
in  his  place  and  send  notice  thereof  as  prescribed  above. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  I4,  1911. 


112 


Acts,  1911.  — Chaps.  144,  145. 


Reserve 
police  force 
in  the  town 
of  Revere. 


Appointment 
of  members. 


Chap.l4:4:  An  Act  to  provide  for  the  appointment  of  a  reserve 

POLICE   FORCE   IN   THE   TOWN   OF   REVERE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  selectmen  of  the  town  of  Revere  may 
from  time  to  time  as  authorized  by  said  town,  and  inidcr 
such  rules  as  the  civil  service  commissioners  may  prescribe, 
appoint  suitable  persons  to  constitute  a  reserve  police  force 
for  the  town. 

Section  2.  One  member  of  said  reserve  force  shall  be 
appointed  for  every  three  members  of  the  regular  police 
force  at  the  time  of  the  passage  of  this  act,  and  one  may 
be  added  after  each  increase  of  three  in  the  regular  police 
force. 

Section  3.  All  appointments  to  the  regular  police  force 
of  said  town  shall  be  made  from  the  reserve  police  force, 
under  such  rules  as  the  civil  service  commissioners  may  pre- 
scribe; and  service  on  the  reserve  police  force  for  not  less 
than  six  months  shall  be  deemed  to  be  equivalent  to  the 
probationary  period  now  required  by  the  rules  of  the  said 
commissioners. 

Section  4.  The  members  of  the  said  reserve  police  force 
shall  when  on  duty  be  paid  by  the  town  such  compensation, 
not  exceeding  two  dollars  and  seventy-five  cents  a  day,  as 
the  selectmen  may  prescribe. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  15,  1911. 


Appoint- 
ments to  reg- 
ular force. 


Compensa- 
tion. 


Cha2).14:5  An  Act  relative  to  the  rank  of  chiefs  of  staff  depart- 
ments IN  THE  MILITIA. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  rank  of  the  chief  of  the  inspector  gen- 
eral's department,  judge  advocate  general's  department, 
quartermaster's  department,  subsistenc-e  department,  pay 
department,  ordnance  department  and  medictd  department 
shall  not  be  higher  than  that  of  colonel. 

Section  2.  The  chiefs  of  these  departments  shall  be 
commissioned  with  such  title  and  grade  as  may  be  neces- 
sary to  conform  to  the  requirements  of  the  laws  of  the  United 
States. 

Skction  3.  This  act  sliall  not  operate  to  reduce  the  rank 
of  any  ofKcer  now  serving  as  chief  in  any  of  the  above  named 


Rank  of 
chiefs  of 
staflf  depart- 
ments in  the 
militia. 


Title  and 
grade,  etc, 


Present  rank 
not  to  be 
reduced. 


Acts,  1911.  — Ciiap.  146.  113 


departments,  but  shall  become  effective  in  each  department 
when  the  present  incumbent  dies,  resigns,  retires  or  is 
removed  in  accordance  with  law. 

Section  4.     The    chief    of    each    respective    department  Powers  and 

11'  11  nil-  1       1  !•  •  duties  of 

shall  act  as  and  have  all  the  duties,  powers  and  obligations  chiefs. 
prescribed  by  law  for  the  inspector  general,  judge  advocate 
general,    quartermaster  general,   commissary  general,   pay- 
master   general,    chief   of   ordnance   and    surgeon    general, 
respectively. 
Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  15,  1911. 


An  Act  to  authorize  cities  and  towns  to  establish  nj^n^  -\aq 

ART   commissions.  ■^* 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Cities  and  towns  may,  except  where  their  EstabUsh- 
charters  make  special  provisions  therefor,  establish  art  com-  l?J,mm?fsL'^^s. 
missions  in  accordance  with  this  act. 

Section  2.  Within  sixty  days  after  the  acceptance  of  Appointment 
this  act  by  a  city  or  town,  the  school  committee,  the  board  of  the  com- 
of  trustees  of  the  public  library  and  the  board  of  park  com-  ™'^^'°'^^- 
missioners,  or  the  officials  of  three  similar  boards  to  be  des- 
ignated by  the  city  or  town  at  the  time  of  the  acceptance 
of  this  act,  shall  each  send  in  writing  to  the  mayor  or  the 
selectmen  the  names  of  two  citizens  of  the  city  or  town, 
and  the  mayor  or  selectmen  shall,  as  soon  as  may  be,  appoint 
from  the  persons  so  nominated  an  art  commission  of  three 
members  to  serve  without  compensation,  one  to  serve  until 
the  first  day  of  IMay  succeeding  the  appointment,  one  to 
serve  for  one  year  from  said  first  of  May,  and  one  to  serve 
for  two  years  from  said  first  of  May.  Thereafter,  prior  to 
the  first  day  of  April  in  each  year,  the  officials  of  the  several 
boards  as  designated  shall  each  send  in  writing  to  the  mayor 
or  selectmen  the  name  of  one  citizen  of  the  city  or  town, 
and  the  mayor  or  selectmen  shall,  from  the  persons  so  nomi- 
nated, appoint  one  member  of  an  art  commission  to  serve 
for  a  term  of  three  years  from  the  first  day  of  May  in  that 
year  or  until  a  successor  is  appointed  and  qualified. 

Section  3.     No  municipal  structure  shall  be  erected  in  aii  designs 
any  city  or  town  which  has  accepted  the  provisions  of  this  p°oved^bythe 
act  unless  the  design  therefor  shall  have  been  approved  in  commission, 
writing  by  a  majority  of  the  members  of  the  art  commission, 


114 


Acts,  1911.  —  Chap.  147. 


Placing  of 
works  of  art, 
etc.,  on  pub- 
lic highways. 


Penalty. 


Removals, 
etc. 


Time  of 
taking  effect. 


or  unless  said  commission  shall  have  failed  to  disapprove 
in  writing  the  design  within  thirty  days  after  its  submission. 

Section  4.  No  work  of  art  or  ornament,  or  object  of 
utility  except  ordinary  public  watering  troughs  or  ordinary 
drinking  fountains,  not  works  of  art  or  ornament,  and  the 
authorized  structures  of  public  service  corporations,  shall 
be  placed  on  any  public  ways  or  lands  excepting  cemeteries, 
nor  shall  any  work  of  art  or  object  of  ornament  or  decora- 
tion be  placed  in  or  upon  any  public  or  municipal  building 
or  be  removed,  relocated  or  altered,  except  in  compliance 
with  the  terms  of  section  three  of  this  act. 

Section  5.  Any  person  violating  the  provisions  of  this 
act  shall  be  punished  by  a  fine  not  exceeding  two  hundred 
dollars. 

Section  6.  The  members  of  the  art  commission  appointed 
under  this  act  may  be  removed  in  cities  by  a  vote  of  two 
thirds  of  the  city  council  and  in  towns  by  a  vote  of  two 
thirds  of  the  voters  at  an  annual  town  meeting  duly  called 
for  the  purpose;  and  thereafter  this  act  shall  not  apply  to 
such  city  or  town  unless  again  accepted  as  provided  in 
section  seven. 

Section  7.  This  act  shall  take  effect  in  cities  upon  its 
acceptance  by  the  city  council  and  in  towns  it  shall  take 
effect  upon  its  acceptance  by  the  voters  of  the  town  at  an 
annual  town  meeting.  For  the  purpose  of  submitting  this 
act  to  cities  and  towns,  it  shall  take  effect  upon  its  passage. 

Approved  March  17,  1011. 


Suits  against 

executors, 

etc. 


Cha2).147  An  Act  relative  to  suits  against  executors,  admin- 
istrators, trustees  and  guardians. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  An  action  founded  on  any  contract  hereto- 
fore made  or  act  heretofore  done  by  any  person  acting  as 
the  executor,  administrator  or  other  legal  representative  of 
the  estate  of  a  deceased  person,  or  by  any  i)erson  acting  as 
trustee  or  guardian,  shall  be  brought  within  two  years  after 
the  passage  hereof;  and  if  founded  upon  any  contract  made 
or  act  done  subsequent  to  the  passage  of  this  act,  such  action 
shall  be  brought  within  two  years  after  the  right  of  action 
accrues:  provided,  hoicrvrr,  that  nothing  herein  shall  be  con- 
strued as  extending  the  limitation  of  time  within  which  an 
action  must  be  brought  on  any  cause  of  action  now  exist- 
ing, or  as  applying  to  actions  upon  i)robate  bonds,  or  to 


Proviso. 


Acts,  1911.  — Chaps.  148,  149,  150.  115 

actions  in  favor  of  the  estate  of  which  such  person  shall 
have  been  such  legal  representative,  or  to  actions  in  favor 
of  a  beneficiary  or  ward,  or  to  actions  brought  by  the  com- 
monwealth. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  17,  1911. 

An  Act  to  authorize  the  board  of  bank  incorporation  Chap.\iS> 
TO  revoke  certain  certificates. 

Be  it  enacted,  etc.,  as  follows: 

Section  1      The  board  of  bank  incorporation  is  hereby  certificates 
authorized  to  revoke  any  certificate  granted  under  chapter  tion"ort?ust 
three  hundred  and  seventy-four  of  the  acts  of  the  year  ^^/^^^^^ 
nineteen  hundred  and  four  for  the  incorporation  of  a  trust  revoked. 
company,  provided  that  the  company  was  not  incorporated 
pursuant  to  the  certificate  prior  to  the  first  day  of  January 
in  the  year  nineteen  hundred  and  ten. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  17,  1911. 

An  Act  to  authorize  the  town  of  falmouth  to  appro-  ChapA'i:9 
priate  money  for  the  purpose  of  advertising  the 
advantages  of  the  town. 

Be  it  enacted,  etc.,  as  follows: 

Section  1      The  town  of  Falmouth  is  hereby  authorized  PafmoTth"^ 
to  appropriate  annually  a  sum  of  money  not  exceeding  one  may  appro- 

,        ^  '^      ,     ,    ,,  PI  p  •  1        •  priate  money 

thousand  dollars,  tor  the  purpose  of  promotnig  the  mterests  for  advertis- 
of  the  town  by  advertising  its  attractions,  advantages  and  '°^ 
other  matters  tending  to  advance  the  interests  of  the  town. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  17,  1911. 

An  Act  relative  to  the  fees  of  magistrates  for  the  Chap  A  50 
examination  of  sureties,  approval  of  bonds  and  tak- 
ing OF  recognizances. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  fees  of  magistrates  for  the  examination  Fees  for 

i>  ,•  1  li?ii  j?j.1j.i'  i?  examination 

oi  sureties  and  approval  of  bonds  or  tor  the  takmg  of  recog-  of  sureties, 
nizances  shall  be  in  each  case  the  sum  of  two  dollars  for  the  ^^'^' 
citation,  if  any,  and  the  first  day's  hearing,  and  two  dollars 
in  addition  for  each  and  every  adjournment  thereof.     These 
fees  shall  be  paid  in  advance. 


116  Acts,  1911.  —  Chaps.  151,  152. 

« 

Repeal.  Section  2.    The   provisions  of   section   five   of  chapter 

eighty-two,  sections  one  hundred  and  eighteen  and  one 
hundred  and  twenty-two  of  chapter  one  hundred  and  sixty- 
seven,  section  seventy-five  of  chapter  one  hundred  and  sixty- 
eight,  section  four  of  chapter  one  hundred  and  sixty-nine, 
section  sixty-five  of  chapter  one  hundred  and  eighty-nine, 
section  seventeen  of  chapter  one  hundred  and  ninety,  section 
twenty-eight  of  chapter  one  hundred  and  ninety-seven  of 
the  Revised  Laws,  and  chapter  two  hundred  and  thirty- 
seven  of  the  acts  of  the  year  nineteen  hundred  and  nine, 
and  of  any  other  act,  in  so  far  as  they  are  inconsistent  with 
the  provisions  of  this  act,  are  hereby  repealed. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

ApjJroved  March  17,  1911. 

Chajp.151  An  Act  relative  to  work  in  mills  and  factories  upon 

LEGAL  HOLIDAYS. 

Be  it  enacted,  etc.,  as  follows: 

^ins^et"., on         Section  1.     No  employee  shall  be  required  to  work  in 
holidays.  r^j^y  j^[\\  qj,  factory  on  any  legal  holiday,  except  to  perforin 

such  work  as  is  both  absolutely  necessary  and  can  lawfully 
be  performed  on  the  Lord's  day. 
Penalty.  Section  2.     Whoever  violates  the  i)rovisions  of  this  act 

shall  be  punished  by  a  fine  not  exceeding  fi\e  hundred  dol- 
lars. Approved  March  17,  1911. 

Chap.\^2  An  Act  relative  to  the  powers  of  the  cherry  valley 

and    ROCHDALE   WATER   DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

§^7^,'^amended.  Scction  scvcu  of  cliaptcr  thrcc  hundred  and  eighty-one 
of  the  acts  of  the  year  nineteen  hundred  and  ten  is  hereby 
amended  by  striking  out  the  words  "five  hundred",  in  the 
eighth  line,  and  inserting  in  place  thereof  the  words:  —  four 
Contracts  for  tliousaud,  —  SO  as  to  read  as  follows:  —  Scction  7.  Said 
water,  etc.  district  iiiay  make  such  contracts  with  individuals,  corpora- 
tions, and  the  town  of  Leicester  for  supplying  water  as  may 
be  agreed  upon,  and  may  extend  its  pipes  for  that  purpose, 
subject  to  the  direction  of  the  selectmen  of  the  town  of 
Leicester,  through  the  highways  of  said  town  lying  outside 
the  cori)()rate  limits  of  said  district;  and  may  extend  its 
pipes  into  the  town  of  Oxford  for  a  distance  not  exceeding 


Acts,  1911.  — Chap.  153.  117 

four  thousand  feet  from  the  boundary  Hne  between  the  towns 
of  Leicester  and  Oxford,  subject  to  the  direction  of  the  select- 
men of  the  town  of  Oxford.       Approved  March  17,  1911. 

An  Act  to  authorize  the  fire  district  in  the  town  (Jjinjj  ^53 

OF  DALTON  TO   TAKE   WATER   FROM   A   CERTAIN   BROOK   AND 
ITS  WATERSHED   IN  THE   TOWN   OF  PERU. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  four  hundred  and  nine  1910,  409, 
of  the  acts  of  the  year  nineteen  hundred  and  ten  is  hereby  ^  ^'  '*™''"'^'"^- 
amended  by  strildng  out  the  word  "town",  in  the  sixth 
Hne,  and  inserting  in  place  thereof  the  word:  —  towns,  — 
and  by  inserting  after  the  word  "Hinsdale",  in  the  sixth 
line,  the  words:  —  and  Peru,  —  and  by  inserting  after  the 
word  "Hinsdale",  in  the  eighth,  twelfth  and  thirty-fourth 
lines,    the   word :  —  Peru,  —  so   as   to   read   as   follows :  — 
Section  1.     The  fire  district  of  the  town  of  Dalton,  for  the  Waters  of 
purposes  mentioned  in  section  one  of  chapter  one  hundred  brook*inthe 
and  thirty-seven  of  the  acts  of  the  year  eighteen  hundred  Hkig^fj^'je 
and  eighty-four,  may  take  or  acquire  by  purchase  or  other-  f^^-J^^^  ^ 
wise  and  hold  the  waters  of  Cady  brook,  so-called,  in  the 
towns  of  Hinsdale  and  Peru,  and  for  the  purpose  of  connect- 
ing the  same  with  its  existing  works  may  extend  the  water 
pipes  of  said  district  into  the  towns  of  Hinsdale,  Peru  and 
Windsor;    may  take,  or  acquire  by  purchase  or  otherwise, 
the  water  rights  connected  therewith;    and  may  also  take, 
or  acquire  by  purchase  or  otherwise,  and  hold  all  lands, 
rights  of  way  and  easements  in  the  towns  of  Dalton,  Hins- 
dale, Peru  and  Windsor  which  may  be  necessary  for  collect- 
ing, storing,  holding,  purifying  and  preserving  the  purity 
of  the  water  and  for  conveying  the  same  to  any  part  of  said 
district:  provided,  however,  that  no  source  of  water  supply  proviso, 
and  no  lands  necessary  for  preserving  the  quality  of  such 
water,  shall  be  taken  or  used  without  first  obtaining  the 
advice  and  approval  of  the  state  board  of  health,  and  that 
the  location  of  all  dams,  reservoirs,  wells  or  other  works 
to  be  used  as  sources  of  water  supply  under  this  act  shall 
be  subject  to  the  approval  of  said  board.     Said  district  may 
construct  on  the  lands  acquired  and  held  under  the  provisions 
of  this  act  proper  dams,  reservoirs,  standpipes,  tanks,  build- 
ings, fixtures  and  other  structures,  and  may  make  excava- 
tions,  procure  and   operate   machinery,   and   provide   such 
other  means  and  appliances  and  do  such  other  things  as 


118 


Acts,  1911.  — Chap.  153. 


1910,  409, 
§  4,  amended. 


Dalton  Fire 
District 
Water  Loan, 
Act  of  1910. 


Proviso. 


may  be  necessary  for  the  establishment  and  maintenance  of 
complete  and  effective  water  works;  and  for  that  purpose 
may  construct  wells  and  reservoirs  and  establish  pumping 
works,  and  may  construct,  lay  and  maintain  aqueducts, 
conduits,  pipes  and  other  works  under  or  over  any  land, 
water  courses,  railroads,  railways  and  public  or  other  ways, 
and  along  such  ways  in  the  towns  of  Dalton,  Hinsdale, 
Peru  or  Windsor,  in  such  manner  as  not  unnecessarily  to 
obstruct  the  same;  and  for  the  purpose  of  constructing, 
laying,  maintaining,  operating  and  repairing  such  conduits, 
pipes  and  other  works,  and  for  all  proper  purposes  of  this 
act,  said  district  may  dig  up  or  raise  and  embank  any  such 
lands,  highways  or  other  ways  in  such  manner  as  to  cause 
the  least  hindrance  to  public  travel  on  such  ways;  but  all 
things  done  upon  any  such  ways  shall  be  subject  to  the 
direction  of  the  selectmen  of  the  town  in  which  such  ways 
are  situated.  Said  district  shall  not  enter  upon,  construct 
or  lay  any  conduits,  pipes  or  other  works  within  the  loca- 
tion of  any  railroad  corporation,  except  at  such  times  and 
in  such  manner  as  it  may  agree  upon  with  such  corporation, 
or,  in  case  of  failm*e  so  to  agree,  as  may  be  approved  by  the 
board  of  railroad  commissioners. 

Section  2.  Section  four  of  said  chapter  four  hundred 
and  nine  is  hereby  amended  by  striking  out  the  word  "four", 
in  the  ninth  line,  and  inserting  in  place  thereof  the  words:  — 
four  and  one  half,  —  so  as  to  read  as  follows:  • —  Section  I^. 
Said  fire  district,  for  the  purpose  of  paying  the  necessary 
expenses  and  liabilities  incurred  under  the  provisions  of  this 
act,  may  issue  from  time  to  time  bonds,  notes  or  scrip  to 
an  amount  not  exceeding  fifty  thousand  dollars.  Such  bonds, 
notes  or  scrip  shall  bear  on  their  face  the  words,  Dalton 
Fire  District  Water  Loan,  Act  of  1910;  shall  be  payable 
at  the  expiration  of  periods  not  exceeding  thirty  years  from 
the  dates  of  issue;  shall  bear  interest  payable  semi-annually 
at  a  rate  not  exceeding  four  and  one  half  per  cent  per  annum; 
and  shall  be  signed  by  the  treasurer  of  the  district  and 
countersigned  by  the  water  commissioners.  Said  district 
may  sell  such  securities  at  public  or  private  sale,  or  pledge 
the  same  for  money  borrowed  for  the  purposes  of  this  act, 
upon  such  terms  and  conditions  as  it  may  deem  i)roper: 
yromded,  that  such  securities  shall  not  be  sold  for  less  than 
the  par  vakie  thereof. 

Section  3.     This  act  shall  take  elleet  upon  its  ])assage. 

.ipproped  March  17,  1011. 


Acts,  1911.  — Chaps.  151,  155,  156.  119 


An  x\ct  relative  to  returns  of  inventories  of  state  (Jjid^j  254 

INSTITUTIONS   UNDER   THE    GENERAL   SUPERVISION    OF   THE 
STATE   BOARD   OF  CHARITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     Chapter  eighty-four  of  the  Revised  Laws  is  r.  l.  84,  §  7, 
hereby  amended  by  striking  out  section  seven  and  inserting  ^™'?"*i*^"i- 
in  place  thereof  the  following:  —  Section  7 .     The  trustees  inventory, 
of  every  institution  under  the  general  supervision  of  the  ^^'^' 
board  shall   annually  cause  an  accurate  inventory  of  the 
stock  and   supplies  on  hand,   and  the  value  and  amount 
thereof  at  the  institution,  to  be  made  on  the  thirtieth  day 
of  November,  and  to  be  sent  to  the  board  on  or  before  the 
third  Wednesday  in  December. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Aijproved  March  17,  1911. 

An  Act  to  relieve  the  city  of  waltham  from  obliga-  ni^nj.  155 

TION  TO  build  a  CITY  HALL  ON  CERTAIN  LAND  PURCHASED  ^  ' 

FOR    THAT    PURPOSE. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.     It  shall  not  be  obligatory  on  the  city  of  waith!im''re- 
Waltham  to  build  a  city  hall  upon  the  parcel  of  land  con-  iieved  from 
veyed  by  the  deed  of  the  Boston  Manufacturing  Company,  to  buiid  a 
dated  December  thirtieth,  eighteen  hundred  and  eighty-six,  ^^^^  a  ,  e  c. 
notwithstanding  the  fact  that  it  was  purchased  by  the  city 
for  the  purpose  of  building  a  city  hall  thereon,  and  that 
bonds  of  the  city  entitled  "City  Hall  Location  Loan",  to 
the  amount  of  forty-seven  thousand  dollars,  were  issued  to 
provide  for  payment  for  the  land,  the  said  bonds  having 
been  paid  and  cancelled. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  17,  1911. 

An  Act  to  authorize  the  town  of  holbrook  to  refund  ChaT)'^^^ 
certain  indebtedness. 

Be  it  enacted,  etc.,  as  follows: 

Section  L     For  the  purpose  of  paying  or  refunding  cer-  Hoibrook 
tain  indebtedness  representing  the  excess  of  the  amounts  Eoln^Act^ 
of  notes  heretofore  issued  by  the  town  of  Holbrook  in  an-  °^  ^^^^• 
ticipation  of  taxes  over  and  above  the  present  amount  of 


loan 


120  Acts,  1911. —  Chap.  157. 

uncollected  taxes,  and  of  paying  or  refunding;  certain  demand 
notes  issued  heretofore  by  the  said  town  and  amounting  to 
sixteen  thousand  ninety-eight  dollars  and  ninety-two  cents, 
said  town  is  hereby  authorized  to  issue  notes  or  bonds  to 
be  denominated  on  the  face  thereof,  Ilolbrook  Refunding 
Loan,  Act  of  1911,  to  an  amount  not  exceeding  twenty-two 
thousand  dollars.  The  said  notes  or  bonds  shall  be  ])ayable 
within  i)eriods  not  exceeding  twenty  years  from  their  date, 
and  shall  bear  such  rate  of  interest  as  the  town  may  deter- 

Paymentof  mine.  Tlic  towu  shall,  at  the  time  of  authorizing  said  loan, 
provide  for  the  payment  thereof  in  such  annual  proportionate 
payments,  begimiing  in  the  year  nineteen  hundred  and 
eleven,  as  will  extinguish  the  same  within  the  time  pre- 
scribed by  this  act;  and  when  a  vote  to  that  efl'ect  has  been 
passed,  the  amount  required  thereby  shall,  without  further 
vote,  be  assessed  by  the  assessors  of  the  town  every  year  in 
the  same  manner  in  which  other  taxes  are  assessed,  until 
the  debt  is  extinguished.  The  town  shall  also  raise  anniially 
by  taxation  a  sum  sufficient  to  pay  the  interest  as  it  accrues 
on  the  notes  or  bonds  issued  under  autliority  of  this  act. 

ukiugeffect.  Section  2  This  act  shall  take  eft'ect  upon  its  accejitance 
by  a  two  thirds  vote  of  the  voters  of  the  town  present  and 
voting  thereon  at  an  amuial  town  meeting  or  at  a  special 
town  meeting  called  for  the  purpose. 

Approved  March  17,  1911. 

CIiapAUl  An   Act   making   appropriations   for   sundry   sinking 

FUNDS   AND   SERIAL   BONDS. 

Be  it  enacted,  etc.,  as  follows: 

Appropria-  Section  1.     The  sum  of  five  hundred  and  eleven  thou- 

sand five  hundred  twenty-four  dollars  and  thirty-three  cents 
is  hereby  a])pr()])riated,  to  be  paid  out  of  the  treasury  of 
the  conunonw(>alth  from  the  ordinar\-  revenue,  for  the  benefit 
of  the  following  sinking  fimds,  to  wit:  — 
Armory  Loan  For  tlic  Ariuorv  Loau  Sinking  Fund,  the  sum  of  fifty 
Kund.  thousand  five  lunulred  and  thirty-three  dollars. 

Tfiirbor  For  tlic   Ilarbor   Inij)r()\ement   Loan   Sinking   Fund,   the 

LoaiVsrnk        siuu  of  twcnt \-tlircc  hundred  and  fift^■-thrce  di>llars. 
''^l\l"l\\  I'^oi-  the  Medfield  Insane  Asvlum  Loan  Sinking  Fund,  the 

Mcdfiild  In-  1     '  •  1  1        1  1    />  1     11 

Kimc  Asyiuiu     suiH  oi  twcuty-two  thousaud  nme  liundred  and  nve  doUars. 
inL'"i''und.  For  the  Metrojxjlitan  Larks  Loan  Sinking  Fund,  boule- 

M.tn.imiitnn     yards,  oiic  luilf,  tlic  sum  of  tliirtv  thousand  five  hundred 

rtirks  Loan  i      i  •  •    i  i    ii 

Sinking  I'lind.  and  thu'tv-oight  doluiFS. 


Acts,  1911.  — Chap.  158.  121 

For  the  Prisons  and  Hospitals  Loan  Sinking  Fund,  the  prisons  and 
sum  of  one  hundred  and  ten  thousand  three  hundred  and  Loan  sink- 
fifteen  dollars.  ingPund. 

For  the  State  Highway  Loan  Sinking  Fund,  the  sum  of  JaTijJaf ' 
sixty-eight  thousand  four  hundred  and  twenty-nine  dollars,  sinking  Fund. 

For  the  State  House  Loan  Sinking  Fund,  the  sum  of  fifty-  state  House 
eight  thousand  six  hundred  and  eighteen  dollars.  in^gPund. 

SERIAL   BONDS. 

For  Suffolk  County  Court  House,  due  March  first  and  oounJy  Court 
September  first,  nineteen  hundred  and  eleven,  ten  thousand  House  serial 
three  hundred  thirty-three  dollars  and  thirty-three  cents. 

For  State  Highway,  due  April  first  and  October  first,  state  Hjgh- 
nineteen  hundred  and  eleven,  eighty-six  thousand  dollars.      bonds. 

For  Abolition  of  Grade  Crossings,  due  November  first,  Abolition  of 
nineteen  hundred  and  eleven,  seventeen  thousand  dollars,  ing^s  s^eria^^ 

For  Armories,  due  September  first,  nineteen  hundred  and  'f""^^-. 
eleven,  ten  thousand  dollars.  serial  bonds. 

For  Prisons  and  Hospitals,  due  November  first,  nineteen  Prisons  and 
hundred  and  eleven,  twelve  thousand  dollars.  serfifi'bonds. 

For  Marblehead  Breakwater  and  Highway,  due  November  Marbiehead 
sixteenth,  nineteen  hundred  and  eleven,  thirty-two  thousand  and'niehway 
five  hundred  dollars.  ^  serial  bonds. 

Section  2.     This  act  shall  take  efi^ect  upon  its  passage. 

Approved  March  17,  1911. 


An  Act  to  authorize  the  extension  of  the  service  of  Chap.158 

THE  free  employment  OFFICE  OF  THE  BUREAU  OF  STA- 
TISTICS SO  AS  TO  PROVIDE  FOR  THE  BETTER  DISTRIBUTION 
OF   IMMIGRANTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  three  of  chapter  five  hundred  and  fourteen  of  the  i909,  5i4, 
acts  of  the  year  nineteen  hundred  and  nine  is  hereby  amended      '  *°^®° 
by  adding  at  the  end  thereof  the  following :  —  Said  super- 
intendents shall  also  receive  applications  from  alien  immi- 
grants seeking  employment  in  agricultural  labor  and  from 
those  desiring  to  employ  immigrants  in  agricultural  labor, 
and  shall  take  such  other  action  as  the  director  may  deem 
best  to  promote  a  more  general  distribution  of  alien  immi- 
grants throughout  the  agricultural  sections  of  the  common- 
wealth,—  so    as    to    read    as    follows:  —  Section    3.     The  Duties  of 
superintendents   of   said   employment   offices    shall    receive  ents'of'*^'^*^ 


122  Acts,  1911.  — Chaps.  150,  IGO. 

employment  applications  from  those  seeking  employment  and  from  those 
o  ces,  e  c.  desiring  to  employ,  and  shall  register  them  in  such  manner 
as  may  be  prescribed  by  the  director  of  said  bureau,  and 
shall  take  such  other  action  as  the  director  may  deem  best 
to  promote  the  purposes  of  said  offices.  Said  superin- 
tendents shall  also  receive  applications  from  alien  immi- 
grants seeking  employment  in  agricultural  labor  and  from 
those  desiring  to  employ  immigrants  in  agricultural  labor, 
and  shall  take  such  other  action  as  the  director  may  deem 
best  to  promote  a  more  general  distribution  of  alien  immi- 
grants throughout  the  agricultural  sections  of  the  common- 
wealth. Approved  March  17,  1911. 

Chcqj.l^d  An  Act  to  authorize  the  town  of  milfoud  to  incur 

ADDITIONAL   INDEBTEDNESS   FOR   SEWERAGE   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

spwerage  Section  1.     The  town   of  ]\Illford,   for   the   purpose  of 

^f'lo'n*^'  completing  and  extending  its  system  of  sewerage  may  from 
time  to  time  issue  bonds  to  be  denominated  on  the  face 
thereof,  Milford  Sewerage  Loan,  Act  of  1911,  to  an  amount 
not  exceeding  thirty  thousand  dollars,  bearing  interest  at 
a  rate  not  exceeding  fixe  per  cent  per  annmn.  The  said 
amount  shall  be  in  addition  to  the  fifty  thousand  dollars 
authorized  to  be  borrowed  for  the  same  purpose  by  chapter 
two  hundred  and  sixty  of  the  acts  of  the  year  nineteen 
hundred  and  eight.  Plxcept  as  hereinbefore  pro\ided,  the 
provisions  of  sections  six,  seven  and  eight  of  chajiter  three 
hundred  and  forty-three  of  the  acts  of  the  year  nineteen 
hundred  and  six  shall  apply  to  the  bonds  hereby  authorized. 
Section  2.     This  act  shall  take  eft'ect  upon  its  passage. 

Approved  March  17,  1911. 

Chap.V)0  An  Act  relative  to  deposits  in  lieu  of  sureties  by 

PERSONS  HELD  IN  CUSTODY  AS  WITNESSES  OR  UPON  CRIMI- 
NAL  CHARGES    AND    ENTITLED    TO    BE    RELEASED    ON    BAIL. 

Be  it  enacted,  etc.,  us  foUoics: 

^\j^^-  21'^.  Section  seventy-seven  of  chapter  two  hundred  and  seven- 

amended,  teen    of   the    Revised    Laws,    as   amended    by    chapter   two 

hundred  and  twenty-one  of  the  acts  of  the  year  nineteen 
hundred  and  six,  is  hereby  further  amended  i)y  inserting 
after  the  word  "bail",  in  the  third  line,  the  words:  —  or 
a  person  who  is  held  in  custody  or  coinniitted  as  a  witness 


Acts,  1911.  — Chap.  161.  123 

to  a  crime,  —  so  as  to  read  as  follows:  —  Section  77.  A  |]^''neu!ff 
person  who  is  held  in  custody  or  committed  upon  a  criminal  sureties,  etc. 
charge,  if  entitled  to  be  released  on  bail,  or  a  person  who  is 
held  in  custody  or  committed  as  a  witness  to  a  crime,  may, 
instead  of  giving  surety  or  sureties,  at  any  time  give  his 
personal  recognizance  to  appear  before  any  court  or  trial 
justice  and  deposit  the  amount  of  the  bail  which  he  is  ordered 
to  furnish  with  the  court,  trial  justice  or  magistrate  author- 
ized by  law  to  take  such  recognizance  who  shall  give  him 
a  certificate  thereof,  and  upon  delivering  said  certificate  to 
the  officer  in  whose  custody  he  is,  he  shall  be  released. 
The  court,  trial  justice  or  magistrate  shall  forthwith,  upon 
the  receipt  of  such  amount,  deposit  it  with  the  clerk  of  the 
court  or  with  the  trial  justice  before  whom  such  person  was 
recognized  to  appear,  or  if  such  court  has  no  clerk,  shall 
deposit  it  with  the  justice  thereof. 

Approved  March  17,  191 1. 

An  Act  to  authorize  the  congregational  church  of  Chap.A^^l 

TOPSFIELD  TO  HOLD  AS  TRUSTEE  FUNDS  NOW  IN  THE  HANDS 
OF  THE   TRUSTEES   OF   THE   BIXBY   DONATION   FARM. 

Be  it  enacted,  etc.,  as  fullows: 

Section  1  All  votes  and  proceedings  of  the  Congrega-  certain 
tional  Parish  in  Topsfield  in  electing  the  Trustees  of  the  ^ItifiTd.'"^^ 
Bixby  Donation  Farm  and  in  turning  over  to  the  Trustees 
of  the  Bixby  Donation  Farm  funds  and  property,  and  all 
votes  and  proceedings  of  the  Trustees  of  the  Bixby  Dona- 
tion Farm  in  receiving  said  funds  and  property  and  in  hold- 
ing, managing  and  investing  the  same,  are  hereby  ratified 
and   made   valid. 

Section  2.  The  Congregational  Church  of  Topsfield  is  Holding  of 
hereby  authorized  to  receive  and  hold  all  trust  funds  and  funds^etc"^ 
property  now  held  by  the  Trustees  of  the  Bixby  Donation 
Farm  or  by  the  Congregational  Parish  in  Topsfield  upon 
the  same  or  as  nearly  as  possible  the  same  trusts  as  those 
upon  which  said  trust  funds  and  property  are  now  held 
under  the  several  wills,  deeds  of  gifts,  statutes  or  other 
instruments  or  authority  under  which  said  trusts  were 
severally  created,  except  that  said  Congregational  Church 
shall  not  be  accountable  to  the  town  of  Topsfield  or  to  the 
Congregational  Parish  in  Topsfield,  and  shall  not  be  required 
to  make  any  report  of  its  doings  to  said  town  or  to  said  par- 
ish.    In  case  of  doubt  as  to  the  precise  manner  in  which  said 


124: 


Acts,  1911.  — Chap.  161. 


Cfrtain 
estate  may  bo 
conveyed. 


Transfer  of 
certain  trust 
funds. 


Records,  etc. 


Bixby  Dona- 
tion Farm 
dissolved. 


trust  property  or  the  income  thereof  shall  be  applied  the 
matter  may  be  determined  by  the  supreme  judicial  court 
upon  application  of  any  person  interested  or  of  the  attorney- 
general,  and  until  said  court  shall  otherwise  order  said  trust 
property  and  the  income  thereof  shall  be  applied  in  accord- 
ance with  the  terms  of  the  original  trusts,  or  as  nearly  as 
possible  in  accordance  therewith,  by  the  said  Congregational 
Church  of  Topsfield. 

Section  3.  The  Congregational  Parish  in  Topsfield  may, 
by  a  three  fourths  vote  of  those  present  and  voting,  at  any 
meeting  called  for  the  purpose,  authorize  one  or  more  per- 
sons in  its  name  to  convey  any  real  or  personal  estate  belong- 
ing to  it  to  the  Congregational  Church  of  Topsfield,  and 
may  authorize  the  Trustees  of  the  Bixby  Donation  Farm  to 
pay  over  and  transfer  to  said  Congregational  Church  of 
Topsfield  the  trust  funds  and  property  in  their  possession 
to  be  held  by  said  Congregational  Church  of  Topsfield  in 
trust  in  accordance  with  the  provisions  of  section  two  of 
this  act.  Said  parish  may  provide  that  such  conveyance 
and  transfer  shall  be  conditional  upon  the  assumption  by 
said  Congregational  Church  of  Topsfield  of  all  liabilities  of 
said  parish. 

Section  4.  The  Trustees  of  the  Bixby  Donation  Farm 
may,  upon  being  authorized  so  to  do  by  the  Congregational 
Parish  in  Topsfield,  pay  and  transfer  to  said  Congregational 
Church  of  Topsfield  all  trust  funds  and  property  in  their 
possession  to  be  held  by  said  Congregational  Church  of 
Topsfield  in  trust  in  accordance  with  the  pro\isions  of 
section  two  of  this  act,  and  after  said  Congregational  Church 
of  Topsfield  shall  have  received  said  property  it  shall  have 
and  enjoy  all  the  franchises,  powers  and  privileges  belong- 
ing to  the  Trustees  of  the   Bixby  Donation  Farm. 

Section  5.  All  records  and  other  books  and  other  papers 
of  the  Congregational  Parish  in  Topsfield  and  of  the  Trustees 
of  the  Bixby  Donation  Farm  shall  be  the  property  of  the 
Congregational  Church  of  Topsfield. 

Section  6.  Six  months  after  the  transfer  of  all  the 
property  of  the  said  (^ongregational  Parish  in  Topsfield  and 
of  the  said  Trustees  of  the  Bixby  Donation  Farm  to  the  said 
Congregational  Church  of  Topsfield,  as  above  proA'ided,  said 
Congregational  Parish  in  To])sfiold  and  said  Trustees  of  the 
Bixby  Donation  Farm  shall  be  dissolved. 

Approved  March  17,  1911. 


Acts,  1911.  — Chaps.  162,  163.  125 


An  Act  relative  to  payment  of  transportation  and  (JJidr)  1(32 

OTHER   NECESSARY   EXPENSES   OF   COUNTY   COMMISSIONERS.  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  last  sentence  of  section  fourteen  of  .^^^"g^'  ^  ^^' 
chapter  twenty  of  the  Revised  Laws,  as  amended  by  section 
four  of  chapter  five  hundred  and  forty-four  of  the  acts  of 
the  year  nineteen  hundred  and  two,  is  hereby  further  amended 
by  striking  out  all  after  the  word  "proper",  in  the  second 
line  of  said  sentence,  and  inserting  in  place  thereof  the 
words:  —  cost  to  the  commissioners  for  transportation  and 
other  necessary  expenses  incurred  in  the  performance  of 
their  official  duties  shall  on  the  first  day  of  each  month  be 
certified  by  them  to  the  controller  of  county  accounts  who 
shall  audit  and  if  correct  certify  the  same  to  the  county 
treasurer  who  shall  reimburse  the  commissioners  for  such 
expenses  from  the  county  treasury,  —  so  that  said  last  sen- 
tence will  read  as  follows :  —  An  itemized  statement  of  the  Expenses  of 
actual  and  proper  cost  to  the  commissioners  for  transporta- 
tion and  other  necessary  expenses  incurred  in  the  performance 
of  their  official  duties  shall  on  the  first  day  of  each  month  be 
certified  by  them  to  the  controller  of  county  accounts  who 
shall  audit  and  if  correct  certify  the  same  to  the  county 
treasurer  who  shall  reimburse  the  commissioners  for  such 
expenses  from  the  county  treasury. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  17,  1911. 


count}'  com- 
missioners. 


An  Act  relative  to  the  penalty  for  giving  false  weight  Chap.Vd^ 

AND   MEASURE. 

Be  it  enacted,  etc.,  as  follows: 
Section  one  of  chapter  three  hundred  and  ninety-four  of  PP'^-  ^94 

,  »      ,  .  1111  •      1  1         »  1'  amended. 

the  acts  oi  the  year  nmeteen  Imndred  and  seven  is  hereby 

amended  by  striking  out  the  words  "is  guilty  of  giving", 

in  the  second  and  third  lines,  and  inserting  in  place  thereof 

the  words :  — -  gives  or  attempts  to  give,  —  so  as  to  read 

as  follows :  —  Section  1 .     Whoever,  himself  or  by  his  serv-  Penalty  for 

ant  or  agent  or  as  the  servant  or  agent  of  another  person,  wdght  Tnd* 


gives  or  attempts  to  give  false  or  insufficient  weight  or  meas- 
ure shall  for  a  first  offence  be  punished  by  a  fine  of  not  more 
than  fifty  dollars,  for  a  second  offence  by  a  fine  of  not  more 


measure. 


126 


Acts,  1911.  —  Ciiaps.  161,  165. 


than  two  hundred  dolhirs,  and  for  a  subsequent  offence  by 
a  fine  of  fifty  dolhirs  and  by  imprisonment  for  not  less  than 
thirty  nor  more  than  ninety  days. 

Approved  March  17,  1911. 

Chap.164:  An  Act  to  regulate  the  taking  of  fish  by  means  of 

TORCHES   OR  OTHER  ARTIFICIAL   LIGHT   IN  THE  WATERS  OF 
WINTHROP. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  to  dis- 
play torches  or  other  lights  designed  or  used  for  the  purpose 
of  taking  herring  or  other  fish  in  any  waters  of  the  town  of 
Winthrop:  provided,  however,  that  the  selectmen  of  said  town 
may  grant  permits  for  the  display  of  torches  or  other  lights 
for  the  purposes  aforesaid  w^ithin  the  limits  of  the  town, 
with  such  restrictions  as  in  their  judgment  will  prevent  the 
same  from  constituting  a  nuisance;  and  they  may  at  any 
time  revoke  any  such  permit. 

Section  2.  Whoever  violates  the  provisions  of  this  act 
shall  be  punished  for  a  first  offence  by  a  fine  of  not  less  than 
fifty  nor  more  than  two  hundred  dollars  or  })y  imprisonment 
for  not  less  than  six  nor  more  than  twelve  months,  or  by  both 
such  fine  and  imprisonment,  and  for  a  second  offence  by  both 
such  fine  and  imprisonment.       Approved  March  17,  1911. 


Regulating 
the  taking  of 
fish  in  tlie 
waters  of  the 
town  of 
Winthrop. 

Proviso. 


Penalty. 


1909,  486, 
§  26,  etc., 
amended. 


Chap.l6r)  An  Act  relative  to  loans  issued  by  the  city  of  boston. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-six  of  chapter  four  hundred 
anfl  eighty-six  of  the  acts  of  the  year  nineteen  hundred  and 
nine,  as  amended  by  chapter  four  hundred  and  thirty-seven 
of  the  acts  of  the  year  nineteen  hundred  and  ten,  is  hereby 
further  amended  by  striking  out  the  words  "the  ett'ect  of 
the  premiums,  if  any,  shall  be  to  reduce  the  total  amount 
of  bonds  issued",  in  the  eighth,  ninth  and  tenth  lines,  and 
inserting  in  place  thereof  the  words:  —  the  premiums,  if  any 
are  received,  shall  be  ai)plied  in  accordance  with  the  provi- 
sions of  chapter  three  hundred  and  seventy-nine  of  the  acts 
of  the  vear  nineteen  hundred  and  ten,  —  so  as  to  read  as 
follows:  — Section  26.  All  loans  issued  by  the  city  after  the 
passage  of  this  act  shall  be  made  payable  in  annual  instal- 
ments in  the  manner  authorized  by  section  thirteen  of  chap- 
ter twenty-seven  ol"  the  Revised  Laws  as  amendeil  by  section 


Payment  of 
certain  loans, 
etc. 


Acts,  1011.  — Chaps.  166,  167.  127 

one  of  chapter  three  hundred  and  forty-one  of  the  acts  of 
the  year  nineteen  hundred  and  eight.  No  sinking  fund  shall 
be  established  for  said  loan.  All  bonds  shall  be  offered  for 
sale  in  such  a  manner  that  the  premiums,  if  any  are  received, 
shall  be  applied  in  accordance  with  the  provisions  of  chapter 
three  hundred  and  seventy-nine  of  the  acts  of  the  year  nine- 
teen hundred  and  ten.  No  city  or  county  money  shall  be 
deposited  in  any  bank  or  trust  company  of  which  any  member 
of  the  board  of  sinking  fund  commissioners  of  said  city  is 
an  officer,  director,  or  agent.  Nothing  herein  shall  apply 
to  transit  bonds  of  the  city  of  Boston  issued  under  the  pro- 
visions of  the  several  acts  authorizing  the  construction  of 
tunnels  and  subways  in  said  city  by  the  Boston  Transit  Com- 
mission, and  said  bonds  may  be  issued  as  heretofore  and 
secured  by  sinking  fund. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Apj^roved  March  17,  1911. 

An  Act  relative  to  the  filing  of  certificates  of  nomi-  Chan.166 

NATION  AND  NOMINATION  PAPERS  FOR  THE  ELECTION  OF 
TOWN  OFFICERS  IN  THE  TOWN  OF  SOUTH  HADLEY  FOR  THE 
YEAR  NINETEEN  HUNDRED  AND  ELEVEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     All  certificates  of  nomination  for  town  offices  Certain  acts 
in  the  town  of  South  Hadley  filed  on  or  before  the  second  of  s^outh^'^ 
Saturday,  and  nomination  papers  filed  on  or  before  the  Mon-  w^Uzed 
day,  preceding  the  annual  town  election  shall,  for  the  year 
nineteen  hundred  and  eleven,  be  valid. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

AiJproved  March  17,  1911. 

An  Act  to  authorize  the  hiring  of  beds  for  tuberculous  (JJian  167 
patients  in  the  city  of  boston. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section   one   of   chapter  two   hundred   and  s^^^j^^e^^ed 
twenty-five  of  the  acts  of  the  year  nineteen  hundred  and 
eight  is  hereby  amended  by  striking  out  the  words  "said 
new  hospital  is  completed",  in  the  fifth  line,  and  inserting 
in  place  thereof  the  words :  —  first  day  of  July,  nineteen 
hundred  and  sixteen,  —  so  as  to  read  as  follows:  —  Section  1.  hired  hfpd-^ 
The  trustees  of  the  new  hospital  for  consumptives  in  the  city  ^a^^^  hospitals. 
of  Boston  are  hereby  authorized  to  hire  beds  in  private  hos- 


128  Acts,  1911.  — Chaps.  1G8,  169. 

pitals  for  the  use  of  needy  tuberculous  patients  who  are 
residents  of  said  city,  until  the  first  day  of  July,  nineteen 
hundred  and  sixteen;  but  the  said  beds  shall  not  exceed  one 
hundred  in  number,  and  the  price  paid  therefor  shall  not 
exceed  eight  dollars  a  week  for  each  bed. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  20,  1911. 

Chap.lQ8  An  Act  to  ratify  and  confirm  certain  acts  of  fire 

DISTRICT    number    ONE    OF    THE    TOWN    OF    SOUTH    HADLEY. 

Be  it  enacted,  etc.,  as  follows: 
Certain  acts  SECTION  1.     The  uotes  heretofore  issued  bv  Fire  District 

of  r  ire  Uis-  ^ 

trict  Number     Numbcr  Ouc  of  the  town  of  South  Hadley  to  provide  for 
town  of  paying  the  cost  of  laying  a  new  water  main  in  said  fire  dis- 

confirmed.  ^^  trict,  namely,  a  note  for  one  thousand  dollars,  dated  August 
thirty-first,  nineteen  hundred  and  nine,  a  note  for  one  thou- 
sand dollars,  dated  August  thirty-first,  nineteen  hundred  and 
nine,  and  a  note  for  one  thousand  dollars,  dated  August 
thirty-first,  nineteen  hundred  and  nine;  shall  be  deemed  legal 
and  binding  obligations  of  the  said  fire  district,  and  the  acts 
of  said  fire  district  and  its  officers  authorizing  and  issuing 
the  same  are  hereby  ratified  and  confirmed, 
a  vo?eTo°^  Section  2.     The  vote  passed   by  said  fire  district  at  a 

borrow  money,  special  fire  district  meeting  held  on  the  twenty-ninth  day  of 
October  in  the  year  nineteen  hundretl  and  ten,  authorizing 
its  treasurer,  with  the  approval  of  the  prudential  committee 
or  a  majority  thereof,  for  the  purpose  of  furnishing  water 
to  the  residents  of  the  Granby  road  district,  so-called,  to 
borrow  a  sum  of  money  in  the  aggregate  not  exceeding  twelve 
thousand  dollars,  or  any  part  thereof,  is  hereby  ratified  and 
confirmed,  and  the  district  is  hereby  authorized  to  issue  serial 
bonds  or  notes  of  equal  denominations  in  accordance  with 
said  vote,  payable  semi-annually,  at  a  rate  of  interest  not 
exceeding  five  per  cent  per  annum  payal)le  semi-annually. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

xlpprovcd  March  20,  1911. 

ChapM)^  An  Act  to  authorize  the  city  of  boston  to  take  land 

AND   to   construct   THEREON   A  COURT  HOUSE  AND  POLICE 
station    for    east    BOSTON. 

Be  it  enacted,  etc.,  as  follows: 
Lnndmnybc         Section  1.     Tlic  board  of  strcct  commissioucrs  of  the  city 

taken  fcir  the  .11  i-i  1  1  i*i 

ercitionofa      of  Bostou  IS  licrcby  authonzcu  to  select  and  to  take  ni  the 

court  house, 


Acts,  1911.  — Chaps.  170,  171.  129 

name  and  behalf  of  the  city  such  land  as  may  In  its  judgment,  et<;  -  'n  East 
subject  to  the  approval  of  the  mayor,  be  requisite  for  the 
erection  of  a  court  house  and  police  station  for  the  use  of 
the  courts  and  police  in  the  East  Boston  district  of  the  city, 
and  for  other  purposes  properly  incidental  thereto,  including 
a  court  house  yard. 

Sb:ction  2.     Said  board  shall,  within  thirty  days  after  the  Description 
approval  by  the  mayor  of  the  land  selected  by  it,  file  in  the  f^  ^^^'^  ^^^^"^ 
registry  of  deeds  for  the  county  of  Suffolk,  and  cause  to  be  recorded. 
recorded,  a  description  of  the  land  so  taken  as  certain  as  is 
required  in  a  common  conveyance  of  land,  with  a  statement 
of  the  purpose  for  which  it  is  taken,  which  description  and 
statement  shall  be  signed  by  said  commissioners  or  by  a 
majority  thereof,  and  the  fee  of  the  land  so  taken  shall  vest 
in  the  city  of  Boston.     The  city  shall  be  liable  to  pay  all  Damages, 
damages  that  may  be  sustained  by  any  persons  by  reason  of 
the  taking  of  land  as  aforesaid,  and  such  damages  shall  be 
ascertained  and  determined  in  the  manner  provided  for  ascer- 
taining and  determining  damages  in  the  case  of  the  laying 
out,  altering  or  discontinuing  of  ways  within  the  city  of 
Boston. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  20,  1911. 


An  Act  to  confirm  the  grant  made  by  the  proprietors  (JJkij)  yjo 
OF  wrentham  of  a  certain  island  in  whiting's  pond. 

Be  it  enojcted,  etc.,  as  folloivs: 

Section  1.     The  grant  of  the  little  island  in  the  great  ^°"^™/°^ 
pond  situated  in  the  town  of  Wrentham  made  by  the  Pro-  certain 
prietors  of  Wrentham  to  Eliphalet  Whiting  in  the  year  seven-  '^  ^°  '  ^  ^' 
teen  hundred  and  forty-seven  is  hereby  confirmed  and  made 
valid. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  20,  1911. 

An  Act  to  authorize  the  city  of  boston  to  pay  a  sum  of   Chap.lll 

MONEY  to  the  WIDOW  OF  GEORGE  A.  DONAGHUE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  city  of  Boston  is  hereby  authorized  to  The  city  of 
pay  the  sum  of  five  hundred  dollars  to  Margaret  Donaghue,  pay^a^s^lt 
widow  of  George  A.  Donaghue  late  an  employee  of  the  street  Margare't 

Donaghue. 


130  Acts,  1911.  — Chaps.  172,  173,  174. 

cleaning  department  of  the  said  city,  who  died  from  injuries 
received  while  in  the  performance  of  his  duties, 
^kinglffect.         Section  2.    This  act  shall  take  effect  upon  its  acceptance 
by  the  mayor  and  city  council  of  the  city  of  Boston. 

Approved  March  20,  1911. 

Cka2).172  An  Act  relative  to  the  protection  of  gray  squirrels. 
Be  it  enacted,  etc.,  as  follows: 

T/gray'""  Section  1.     It  shall  be  unlawful  except  only  between  the 

squirrels.  fifteenth  day  of  October  and  the  fifteenth  day  of  November 

of  each  year,  both  days  inclusive,  to  hunt,  take  or  kill  a  gray 
squirrel,  or  to  sell,  or  offer  for  sale,  or  to  ha\'e  in  possession 
for  the  purpose  of  sale,  a  gray  squirrel,  wherever  taken  or 
killed,  or  to  take  or  kill  at  any  time  a  gray  squirrel  by  means 
of  a  trap,  net  or  snare,  or  for  the  purpose  of  killing  a  gray 
squirrel  to  construct  or  set  a  trap,  snare  or  net. 

AppHcation  Section  2.     This  act  shall  not  apply  to  the  owner  or  occu- 

pant of  any  dwelling  house  or  other  building  who  shall  find 
any  gray  squirrel  doing  an  actual  and  substantial  damage 
to  the  same,  or  to  any  fruit  tree,  grain  or  other  growing  cul- 
tivated crop. 
^^^^'  Section  3.     Chapter  five  hundred  and  sixty-four  of  the 

acts  of  the  year  nineteen  hundred  and  ten  is  hereby  repealed. 

Penalty.  Section  4.     Whoevcr  violates  any  provision  of  this  act 

shall  forfeit  not  less  than  ten  nor  more  than  twenty-five 
dollars  for  each  offence.  Approved  March  20,  1911. 

Chap.Yl^  An  Act  relative  to  pulling  down  stone  walls  or  fences. 

Be  it  enacted,  etc.,  as  follows: 

stone"waiir'^        The  commissioncrs  on  fisheries  and  game  and  their  duly 

or  fences.         authorized  deputies  may  arrest  without  a  warrant  any  person 

found  in  the  act  of  wilfully  pulling  down  a  stone  wall  or  fence, 

or  otherwise  violating  the  provisions  of  section  ninety-one  of 

chapter  two  hundred  and  eight  of  the  Revised  Laws. 

Approved  March  20,  1911. 

Chap.Vi-\:  An  Act  to  estarlisii  the  sal.\ry  of  the  assistant  clerk 

OF  COURTS  FOR  THE  COUNTY  OF  HAMPDEN. 

Be  it  enacted,  etc.,  as  follows: 

nfrk'!'"*  Section  1.     The  salary  of  the  assistant  clerk  of  courts  for 

county  of  ^''^'  county  of  Hampden  shall  be  twenty-four  hundred  dollars 

HuDipdeu, 


Acts,  1911.  — Chaps.  175,  17G.  131 

a  year,  to  be  so  allowed  from  the  first  day  of  January  in  the 
year  nineteen  hundred  and  eleven. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

( The  foregoing  ivas  laid  before  the  Governor  on  the  fifteenth 
day  of  March,  1.911,  and  after  five  days  it  had  ''the  force  of  a 
law",  as  prescribed  by  the  ConMitution,  as  it  ivas  not  returned 
by  him  ivith  his  objections  thereto  loithin  that  time.) 

An  Act  to  provide  for  notice  of  the  right  of  appeal  (JJku)  175 
in  the  case  of  children  adjudged  neglected. 

Be  it  enacted,  etc.,  as  folloivs: 

Whenever  any  child  is  adjudged  a  neglected  child  under  Notice  of 
the  provisions  of  chapter  three  hundred  and  thirty-four  of  app^eai/etc. 
the  acts  of  the  year  nineteen  hundred  and  three  and  of  acts 
in  amendment  thereof,  the  court  or  justice  making  the  adju- 
dication shall  notify  the  child,  parent,  guardian  or  person 
appearing  in  behalf  of  such  child  of  the  right  of  appeal  to  the 
superior  court  which  is  provided  for  by  section  six  of  said 
chapter  three  hundred  and  thirty-four. 

Approved  March  22,  1911. 

An  Act  to  extend  the  jurisdiction  of  police,  district  njinj)  via 

AND   municipal   COURTS   IN   CRIMINAL  CASES.  ^' 

Be  it  enacted,  etc.,  as  follows: 
Section  1.     Police,  district  and  municipal  courts,  includ-  J"ris<iiction 

01  DOllCG    QIS' 

ing  the  municipal  court  of  the  city  of  Boston,  shall  have  trictand 
original  jurisdiction,  concurrent  with  the  superior  court,  of  counsTn  crim- 
felonies  punishable  by  imprisonment  in  the  state  prison  for  ''^^^  ^'''^^s- 
not  more  than  five  years,  and  also  of  the  crimes  mentioned 
in  sections  eighteen  and  nineteen  of  chapter  two  hundred  and 
eight  of  the  Revised  Laws,  and  they  may  impose  the  same 
penalties  as  the  superior  court  in  like  cases,  except  imprison- 
ment in  the  state  prison:  provided,  however,  that  no  sentence  Proviso 
to  a  jail  or  house  of  correction  for  a  longer  term  than  two  years 
shall  be  imposed  under  this  act. 

Section  2.     No   order  shall  be  issued  for  the  commit-  order  of 
ment  of  a  person  to  a  jail  or  house  of  correction  upon  a  sen-  ^^^^^  ^^^  • 
tence  of  more  than  six  months,  until  at  least  one  day  after 
the  imposition  of  said  sentence.     Until  such  order  is  issued 
he  shall  remain  in  the  custody  of  the  court,  as  if  he  had 
not  been  sentenced.     At  any  time  before  the  issuing  of  such 


132  Acts,  1911.  — Chap.  177. 

order,  lie  may  appeal  to  the  superior  court,  as  provided  by 
section  twenty-two  of  chapter  two  hundred  and  nineteen  of 
the  Revised  Laws.  Before  such  order  is  issued  he  shall  be 
notified  of  his  right  to  take  such  appeal, 
^kingl-ffect.  Section  3.  This  act  shall  take  effect  on  the  first  day 
of  July  in  the  year  nineteen  hundred  and  eleven. 

Approved  March  22,  1911. 

Chap.VJl  An  Act  to  require  commissioners  of  insolvent  estates 

OF  DECEASED  PERSONS  TO  GIVE   NOTICE  TO   CREDITORS    OF 
the   FILING   OF  RETURNS. 

Be  it  enacted,  etc.,  as  follows: 

^ia^nded.'^^'  SECTION  1.  Scctiou  three  of  chapter  one  hundred  and 
forty-two  of  the  Revised  Laws  is  hereby  amended  by  adding 
at  the  end  thereof  the  words:  —  The  commissioners  shall 
mail  postpaid  within  seven  days  thereafter,  or  within  such 
further  time  as  the  court  may  order,  a  notice  in  writing  to 
all  known  creditors  of  the  filing  of  said  return,  and  shall, 
within  thirty  days  after  said  notice,  file  in  the  registry  of 
probate  an  affidavit  of  having  given  the  same,  with  a  copy 
fo^^Tiir^"  thereof,  —  so  as  to  read  as  follows:  —  Section  3.  The  com- 
ciaims  of  missioners  shall  be  sworn  before  entering  upon  the  perform- 

ance  of  their  official  duties;  they  shall  appoint  convenient 
times  and  places  for  their  meetings  to  receive  and  examine 
claims;  and  shall  by  mail  or  otherwise  give  to  all  known 
creditors  at  least  seven  days'  written  notice  of  the  time  and 
place  of  each  meeting,  and  also  such  other  notice  thereof 
as  the  court  shall  order;  and  the  executor  or  administrator 
shall,  fourteen  days  at  least  before  the  first  meeting,  furnish 
to  the  commissioners  the  names  and  residences  of  all  known 
creditors.  At  the  expiration  of  the  time  allowed  for  the 
proof  of  claims,  the  commissioners  shall  make  their  return 
to  the  court.  The  commissioners  shall  mail  postj)aid  within 
seven  days  thereafter,  or  within  such  further  time  as  the 
court  may  order,  a  notice  in  writing  to  nil  known  creditors 
of  the  filing  of  said  return,  and  shall,  within  thirty  days 
after  said  notice,  file  in  the  registry  of  j)r('l)ate  an  affidavit 
of  having  given  the  same,  with  a  copy  thereof. 
Section  2.    This  act  shall  take  efVect  uj)on  its  passage. 

Approved  March  22,  1911. 


Acts,  1911.  — Chap.  178.  133 


An  Act  relative  to  commencing  actions  for  the  re-  (JJiart.VlS 

COVERY   OF  DAMAGES  FOR  INJURIES   OR  DEATH 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  vSection  one  hundred  and  thirtj^-two  of  chap-  1909,  514, 
ter  five  hundred  and  fourteen  of  the  acts  of  the  year  nine-  amended?" 
teen  hundred  and  nine,  as  amended  by  section  two  of  chap- 
ter one  hundred  and  sixty-six  and  by  chapter  six  hundred 
and  eleven  of  the  acts  of  the  year  nineteen  hundred  and 
ten,  is  hereby  further  amended  by  inserting  after  the  word 
"appointment",  in  the  twelfth  fine,  the  words:  —  and  in 
such  case  the  action  may  be  begun  wdthin  one  year  after  the 
appointment  of  such  executor  or  administrator,  —  so  as  to 
read  as  follows :  —  Section  132.  No  action  for  the  recovery  Notice  to  be 
of  damages  for  injury  or  death  under  the  provisions  of  the  and  place  of 
five  preceding  sections  shall  be  maintained  unless  notice  of  '"■'"''y'  ^*''- 
the  time,  place  and  cause  of  the  injury  is  given  to  the  employer 
within  sixty  days,  and  the  action  is  commenced  within  one 
year,  after  the  accident  which  causes  the  injury  or  death. 
Such  notice  shall  be  in  writing,  signed  by  the  person  injured 
or  by  a  person  in  his  behalf.  If  the  person  injured  dies 
within  the  time  required  for  giving  the  notice  his  executor 
or  administrator  may  give  such  notice  within  sixty  days 
after  his  appointment;  and  in  such  case  the  action  may  be 
begun  within  one  year  after  the  appointment  of  such  execu- 
tor or  administrator.  If  from  physical  or  mental  incapacity 
it  is  impossible  for  the  person  injured  to  give  the  notice  within 
the  time  provided  in  this  section,  he  may  give  it  within  ten 
days  after  such  incapacity  has  been  removed,  and  if  he  dies 
within  said  ten  days  his  executor  or  administrator  may  give 
such  notice  within  sixty  days  after  his  appointment.  If  the 
employer  dies  without  such  notice  having  been  given  and 
before  the  time  for  giving  such  notice  has  elapsed,  the  notice 
may  be  given  to  his  executor  or  administrator,  and  the  time 
within  which  the  notice  may  be  given  as  herein  provided, 
shall  run  from  the  appointment  of  the  executor  or  adminis- 
trator. A  notice  given  under  the  provisions  of  this  section  Notice  not  to 
shall  not  be  held  invalid  or  insufficient  solely  by  reason  of  certain  cases. 
an  inaccuracy  in  stating  the  time,  place  or  cause  of  the  in- 
jury if  it  is  shown  that  there  was  no  intention  to  mislead, 
and  that  the  employer  was  not  in  fact  misled  thereby.  If 
the  employer  dies  without  such  action  having  been  brought 
and  before  the  time  for  bringing  the  action  has  elapsed,  the 


134 


Acts,  1911. —  Chaps.  179,  180. 


Application 
of  act. 


action  may  be  begun  against  his  executor  or  administrator 
not  less  than  one  year  and  not  more  than  two  years  after 
the  executor  or  administrator  has  given  bond  for  the  per- 
formance of  his  trust. 

Section  2.     This  act  shall  apply  to  cases  now  pending 
or  hereafter  brought  within  the  time  herein  stated. 

Approved  March  22,  1911. 


R.  L.  220,  § 
amended. 


7, 


Chap.VI^  An  Act  to  regulate  commitments  upon  two  or  more 

SENTENCES. 

Be  it  enacted,  etc.,  as  follows: 

Section  seven  of  chapter  two  hundred  and  twenty  of  the 
Revised  Laws  is  hereby  amended  by  adding  at  the  end 
thereof  the  following:  —  but  when  fine  and  imprisonment 
are  named  in  a  sentence  the  prisoner  shall  always  be  com- 
mitted upon  the  term  sentence  first,  —  so  as  to  read  as 
follows:  —  Section  7.  A  convict  upon  whom  two  or  more 
sentences  to  imprisonment  are  imposed  may  be  fully  com- 
mitted upon  all  such  sentences  at  the  same  time,  and  shall 
serve  them  in  the  order  named  in  the  mittimuses  upon  which 
he  is  committed;  but  when  fine  and  imprisonment  are 
named  in  a  sentence  the  prisoner  shall  always  be  committed 
upon  the  term  sentence  first.     Approved  March  22,  1911. 


Commitment 
upon  two  or 
more  sen- 
tences. 


Chaj) 


The  town  of 
Sudbury 
may  borrow 
money  for 
restoring  eer 
tain  trust 
funds,  etc. 


.180  An  Act  to  authorize  the  town  of  sudbury  to  restore 
certain  trust  funds  and  to  provide  for  the  custody 
and  management  thereof. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Sudbury,  for  the  purpose  of 
restoring  certain  trust  funds  and  bequests  received  by  the 
town  and  subsequently  in  part  appropriated  for  purposes 
other  than  those  declared  by  the  donors  tliereof,  and  in  ])nrt 
expended  by  it  for  the  general  expenses  of  the  town,  is  liorohy 
authorized  to  borrow  a  sum  of  money  not  exceeding  twont^k- 
six  thousand  four  hundred  and  fifty-three  dollars,  and  to 
issue  notes  or  bonds  therefor,  i)aynl)le  at  i)erit)ds  not  exceetl- 
ing  twenty-five  years  from  the  dates  of  issue.  Such  notes 
or  l)onds  shall  l)e  signed  by  tlie  treasurer  and  couTitcrsigned 
by  the  selectmen,  shall  bear  interest,  payable  semi-annually, 
at  a  rate  not  exceeding  four  and  one  half  i)er  cent  ])er  annum, 
and  shall  be  sold  in  such  manner,  and  uj)on  such  terms,  as 


Acts,  1911.  — Chap.  180.  135 

the  treasurer  and  selectmen  may  determine,  but  they  shall 

not  be  sold  for  less  than  their  par  value.     Before  said  notes  Payment  of 

or  bonds  are  issued,  the  town  shall  provide  for  the  payment  '°^°' 

thereof  in  such  annual  payments  as  will  extinguish  the  debt 

within  the  time  prescribed  in  this  act,  and  when  a  vote  to 

that  effect  has  been  passed  the  amount  required  thereby 

shall  be  raised  annually  by  taxation  in  the  same  manner  in 

which  other  taxes  are  raised,  without  any  further  vote  of 

the  town. 

Section  2.  The  custody  and  management  of  all  property,  Custody  and 
real  and  personal,  and  the  proceeds  thereof,  heretofore  or  ^f'^cerfain'^"* 
hereafter  devised,  bequeathed  or  otherwise  given  to  or  con-  i^op^ity,  etc. 
ferred  upon  the  tow^n  of  Sudbury,  in  trust,  or  otherwise, 
for  the  benefit  of  said  town  or  for  public  or  charitable  pur- 
poses therein,  including  the  money  to  be  borrowed  under 
the  authoritv  of  this  act,  shall  be  vested  in  the  selectmen 
and  town  treasurer,  and  their  successors  in  said  offices,  who 
shall  be  the  Trustees  of  Town  Donations.  The  said  trustees 
shall  take,  hold,  manage,  administer  and  dispense  all  of  said 
property  and  the  proceeds  thereof,  and  invest  and  re-invest 
the  same,  in  such  manner  and  in  such  other  property  and 
securities  as  they  may  deem  safe  and  proper,  unless  it  is 
otherwise  provided  in  the  instrument  or  writing  by  or  under 
which  any  such  devise,  bequest  or  gift  has  been  or  shall 
be  made,  and  may  sell  at  public  or  private  sale  any  such 
property  for  such  sum  and  upon  such  terms  as  said  trustees 
may  think  proper,  and  may  in  behalf  of  the  town  make, 
execute,  acknowledge  and  deliver  all  such  deeds  and  instru- 
ments as  may  be  necessary  to  pass  to  the  purchaser  the  title 
thereto:  jjrovided,  that  such  sale  and  conveyance  is  not  con-  Proviso, 
trary  to  the  terms  of  the  instrument  or  writing  by  or  under 
which  said  property  was  acquired.  The  income  of  all  prop- 
erty so  devised,  bequeathed  or  given  to  the  town  shall  be 
used  for  the  purpose  for  which  it  was  devised,  bequeathed 
or  given,  and  for  no  other,  and  in  case  a  devise,  bequest  or 
gift  of  property  to  the  town  does  not  specify  the  particular 
use  to  be  made  of  the  same,  then  such  property  or  the  income 
thereof  shall  be  used  for  such  town  or  charitable  purposes 
as  shall  be  determined  by  the  town. 

Section  3.     Said  trustees  shall  take,  hold  and  manage  Trustees  to 
all  sums  of  money  deposited  with  the  treasurer  of  the  town  mana^ge 
for  the  care  and  preservation  of  cemetery  lots  under  the  pro-  ^""'^s-  ^t*'- 
visions  of  the  laws  of  the  commonwealth,  and  may  invest 
the  same  in  savings  banks  in  the  commonwealth  in  separate 


136 


Acts,  1911.  — Chap.  181. 


Town  treas- 
urer to  be 
treasurer  of 
trustees. 


Compensa- 
tion of 
treasurer. 


Report. 


Terms  of  de- 
vise, etc.,  not 
restricted. 


Time  of 
taking  effect. 


accounts  with  each  deposit,  and  shall  pay  over  from  the 
income  thereof  to  the  proper  persons  the  sums  required  to 
carry  out  the  purposes  of  said  deposits. 

Section  4.  The  town  treasurer  shall  be  the  treasurer  of 
said  trustees,  and  as  such  shall  have  the  custody  of  all  moneys 
and  securities  mentioned  in  this  act;  shall  deposit  the  .same 
in  such  banks  or  depositories  as  the  trustees  shall  designate, 
and  shall  pay  out  the  same  only  on  the  written  order  of  a 
majority  of  the  trustees.  He  shall  keep  such  accounts  as 
the  trustees  may  direct,  and  shall  furnish  a  bond  to  the  town, 
in  addition  to  his  bond  as  town  treasurer,  for  the  faithful 
performance  of  his  duties,  in  such  form,  in  such  sum  and 
with  such  sureties  as  the  trustees  shall  approve,  ^^  hich  bond 
shall  be  deposited  with  the  town  clerk.  Said  treasurer  shall 
receive  such  compensation  as  shall  be  fixed  by  the  trustees, 
which,  together  with  the  cost  of  said  bond,  if  furnished  by 
a  surety  company,  shall  be  charged  to  and  paid  from  the 
income  of  the  funds  held  by  the  trustees  in  such  propor- 
tions as  they  may  determine. 

Section  5.  Said  trustees  shall  annualh'  make  a  full  report 
to  the  town  specifying  the  property,  real  and  personal,  held 
by  them,  the  full  value  thereof  and  the  income  of  the  same, 
with  a  detailed  statement  of  all  receipts  and  ex])enditures 
received  or  made  by  them  during  the  year  co\ered  by  the 
report. 

Section  6.  Nothing  in  this  act  shall  be  construed  as 
restricting,  enlarging  or  in  any  way  changing  the  terms  of 
any  devise,  bequest  or  gift. 

Section  7.  This  act  shall  take  effect  upon  its  accept- 
ance by  the  town  at  an  annual  town  meeting,  or  at  an}'  other 
meeting  duly  called  for  the  purpose. 

Ajjproved  March  22,  1911. 


ChapAol  An  Act  to  change  the  name  of  the  reformatory  prison 

FOR  WOMEN. 

Be  it  enacted,  etc.,  as  fulloivs: 

The  reformatory  prison  for  women  shall  hereafter  be 
designated  and  known  as  the  reformatory  for  women;  and 
all  acts  and  parts  of  acts  that  now  relate  to  the  reformatory 
prison  for  women,  shall  apply  to  the  .said  reformatory  for 
women.  Approved  March  J  J,  lUll. 


Change  of 
name. 


Acts,  1911.  — Chaps.  182,  183,  184.  137 


An  Act  rel,\tive  to  the  salary  of  the  clerk  of  the  (J]iar).\^'2i 

BOARD    OF   police   FOR  THE   CITY   OF   FALL   RIVER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     The  salary  of  the  clerk  of  the  board  of  police  salary  of 
for  the  city  of  Fall  River  shall  be  twelve  hundred  dollars  a  Sf'poUc?"'"^ 
year,  to  be  so  allowed  from  the  first  day  of  January  in  the  Kive"/^**" 
current  year. 

Section  2.     So  much  of  section  four  of  chapter  tliree  Repeal, 
hundred  and  fifty-one  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four  as  is  inconsistent  herewith  is  hereby  repealed. 

Approved  March  22,  1911. 


An  Act  relative  to  the  number  of  water  commission-  ChapAS^ 

ERS   of  the   town   of   LINCOLN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     Hereafter  the  treasurer  and  the  chairman  of  Water  com- 

missioners  or 

the  selectmen  of  the  town  of  Lincoln  shall  not,  ex  officiis,  the  town  of 
be  members  of  the  board  of  water  commissioners  of  the  said 
town. 

Section  2.     This  act  shall  take  effect  on  the  first  day  Time  of 
of  March  in  the  year  nineteen  hundred  and  twelve.  ***  '°^  ^ 

Approved  March  22,  1911. 


An  Act  to  provide  penalties  for  wilfully  making  false  rjjidjj  |g4 
reports  to  commissions  or  commissioners.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

Any  person  who  shall  wilfully  make  false  report  to  the  Penalties  for 
railroad  commission,  the  gas  and  electric  light  commission,  ^pom/efc!^ 
the  highway  commission,  the  insurance  commissioner,  the 
bank  commissioner  or  the  commissioner  of  corporations,  or 
who  shall  testify  or  affirm  falsely  to  any  material  fact  in 
any  matter  wherein  an  oath  or  affirmation  is  required  or 
authorized,  or  who  shall  make  any  false  entry  or  memo- 
randum upon  any  book,  report,  paper  or  statement  of  any 
company  making  report  to  any  of  the  said  commissions  or 
commissioners,  with  intent  in  any  case  to  deceive  the  com- 
mission or  commissioner,  or  any  agent  appointed  to  examine 
the  affairs  of  any  such  company,  or  to  deceive  the  stock- 
holders or  any  officer  of  any  such  companj^  or  to  injure  or 


138 


Acts,  1911.  — Chaps.  185,  186. 


defraud  any  such  company,  and  any  person  who  with  Hke 
intent  aids  or  abets  another  in  any  violation  of  this  act 
shall  be  punished  by  a  fine  of  not  more  than  one  thousand 
dollars,  or  by  imprisonment  for  not  more  than  one  year, 
or  by  both  such  fine  and  imprisonment. 

Approved  March  25,  1911. 


Cha2).lS5  An  Act  relative  to  the  introduction  of  fish  into  state 

WATERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  It  shall  be  unlawful  to  put  in  any  of  the  pub- 
lic waters,  or  in  any  waters  connecting  therewith,  any  species 
of  fish,  or  the  roe,  spawn  or  fry  thereof,  without  having  first 
secured  the  written  approval  of  the  commissioners  on  fisher- 
ies and  game. 

Section  2.  Whoever  violates  any  provision  of  this  act 
shall  be  punished  by  a  fine  not  exceeding  fifty  dollars. 

Approved  March  25,  1911. 


Introduction 
of  fish  into 
state  waters. 


Penalty. 


Clia^i.lSQ  An  Act  relative  to  the  expenses  of  the  state  board 

OF  AGRICULTURE. 


R.  L.  89,  §  4, 
amended. 


Secretary 
and  clerks  of 
state  board  of 
agriculture. 


Parts  of 
rei)ort  to  be 
printed. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  four  of  chapter  eighty-nine  of  the 
Revised  Laws  is  hereby  amended  by  striking  out  the  word 
"eight",  in  the  seventh  line,  and  inserting  in  place  thereof 
the  word:  —  sixteen,  —  so  as  to  read  as  follows:  —  Section  4- 
The  board  may  appoint  and  prescribe  the  duties  of  a  secre- 
tary, who  shall  receive  an  annual  salary  of  twenty-five  hun- 
dred dollars,  and  who,  with  the  approval  of  the  board,  may 
employ  two  clerks,  the  first  at  an  annual  salary  of  eighteen 
hundred  dollars  and  the  second  at  an  annual  salary  of  four- 
teen hundred  dollars,  and  may  expend  for  other  clerical  serv- 
ices and  for  lectures  before  the  board  of  agriculture  not 
more  than  sixteen  hundred  dollars  a  year.  The  secretary 
may  publish  for  general  distribution  such  parts  of  the  annual 
report  of  said  board  as  he  considers  l)est  adapted  to  promote 
the  interests  of  agriculture;  but  the  expense  of  such  publi- 
cation shall  be  ])ai<l  out  of  the  a])i)ropriation  for  the  dis- 
semination of  useful  information  in  agriculture  by  the  board. 

Section  2.     This  act  shall  take  effect  uj)on  its  passage. 

Approved  March  25,  1911. 


Acts,  1911.  — Chaps.  187,  188,  189.  139 


An  Act  relative  to  the  shooting  of  certain  wild  fowl.  QJiap.lSl 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     It  shall  be  unlawful  to  pursue,  hunt,  take  or  shooting  of 
kill  any  of  the  wild  fowl  included  under  the  name  of  Anatidae  fowu'"  '^' 
during  the  time  between  two  hours  after  sunset  and  two  hours 
before  sunrise. 

Section  2.     Whoever  violates  the  provisions  of  this  act  Penalty, 
shall  be  fined  a  sum  not  exceeding  fifty  dollars  for  each  bird 
in  respect  to  which  the  violation  occurs. 

Approved  March  25,  1911. 


An  Act  to  limit  the  number  of  black  ducks  that  may  QJiap.lSS 

BE   TAKEN   IN   ANY   ONE   DAY. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     It  shall  be  unlawful  for  any  person  to  take  Limiting  the 
or  kill  more  than  fifteen  black  ducks  in  any  one  calendar  ""I'tai^g^ame 

f\n\r  birds  that 

-^ '  .11  ••PI-  ™»y  '^<^  taken, 

Section  2.     Whoever  violates  the  provisions  ot  this  act  etc. 
shall  be  fined  not  less  than  twenty  dollars  for  each  bird  in  Penalty, 
respect  to  which  the  violation  occurs. 

Approved  March  25,  1911. 


An  Act  to  authorize  wellesley  college  to  hold  addi-  (JJkij^X'^C) 
tional  real  and  personal  estate.  "' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Wellesley  College  is  hereby  authorized  to  hold  J^iKmay 
real  and  personal  estate  in  the  manner  and  for  the  purposes  hoid  addi- 
set  forth  in  its  charter  to  an  amount  not  exceeding  ten  million  et""''  ^'^  **  ^' 
dollars:  provided,  however,  that  no  lands  in  the  town  of  Welles-  Proviso. 
ley  owned  or  occupied  by  said  college  for  the  purposes  set 
forth  in  its  charter  shall  be  exempt  from  taxation,  except- 
ing the  lands  now  so  owned  and  occupied  by  said  college 
lying  north  of  Washington  street,  west  of  Weston  road,  and 
south  of  Central  street  in  said  town,  and  so  much  of  the  Web- 
ber estate  as  lies  north  of  said  Washington  street,  w^hen  said 
Webber  estate  shall  come  into  its  possession,  and  also  except- 
ing the  sewerage  lot,  so-called,  lying  south  of  said  Washing- 
ton street,  and  a  parcel  of  land  lying  east  of  said  sewerage 
lot  containing  about  four  acres  and  bounded  and  described 


140 


Acts,  1911.  — Chap.  190. 


Repeal. 


as  follows:  —  Beginning  at  a  stone  bound  at  the  southerly 
corner  of  said  four  acre  lot  on  the  easterly  line  of  said  sewer- 
age lot,  thence  running  northeasterly  two  hundred  fifty-three 
and  twenty  one  hundredths  feet  to  a  stone  bound;  thence 
turning  at  a  right  angle  and  running  northwesterlj'  five  hun- 
dred thirty-two  and  fifty-nine  one  hundredths  feet  to  a  stone 
bound;  thence  turning  at  a  right  angle  and  running  south- 
westerly four  hundred  one  and  twelve  one  hundredths  feet 
to  a  stone  bound  in  the  easterly  line  of  said  sewerage  lot; 
thence  turning  and  running  southeasterly  five  hundred  fifty- 
two  and  seventy-five  one  hundredths  feet  by  said  sewerage 
lot  to  the  point  of  beginning. 

Section  2.  So  much  of  chapter  one  hundred  and  fifty- 
one  of  the  acts  of  the  year  eighteen  hundred  and  eighty -four 
as  is  inconsistent  herewith  is  hereby  repealed. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  25,  1911. 


Town  of  Hol- 
brook  Addi- 
tional Water 
Loan,  Act  of 
1911. 


ChapA^O  An  Act  to  authorize  the  town  of  iiolbrook  to  make 

AN   ADDITIONAL  WATER   LOAN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .  The  town  of  Holbrook,  for  the  purposes  men- 
tioned in  chapter  two  hundred  and  seventeen  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-five,  may  issue  from 
time  to  time  bonds,  notes  or  scrip  to  an  amount  not  exceed- 
ing twenty  thousand  dollars  in  addition  to  the  amounts  here- 
tofore authorized  by  law  to  be  issued  by  said  town  for  water 
supply  purposes.  Such  bonds,  notes  or  scrip  shall  bear  on 
their  face  the  words,  Town  of  Holbrook  Additional  Water 
Loan,  Act  of  1911,  and  shall  be  issued  upon  the  terms  and 
conditions  and  with  the  powers  specified  in  said  chapter  two 
hundred  and  seventeen:  provided,  that  the  amount  of  bonds, 
notes  or  scrip  issued  under  authority  of  this  act  and  hereto- 
fore issued  by  said  town  for  the  same  purposes  shall  not 
exceed  in  the  aggregate  one  hundred  and  sixty-four  thousand 
dollars. 

Section  2.  Said  town  shall,  at  the  time  of  authorizing 
said  loan,  provide  for  the  payment  thereof  in  annual  pay- 
ments of  one  thousand  dollars  each,  beginning  in  the  year 
nineteen  hundred  and  twenty-four  and  ending  in  the  year 
nineteen  Innidred  nnd  twenty-nine,  and  ainnial  ])aynH'nts 
of  two  thonsand  dollars  each,  begiiniing  in  the  year  nine- 
teen hundred  and  thirty;  and  when  a  \ote  to  that  effect 


Proviso. 


Payment  of 
loan. 


Acts,  1911.  — Chap.  191.  Ml 


has  been  passed  a  sum  which  with  the  income  derived  from 
water  rates,  will  be  sufficient  to  pay  the  annual  expense  of 
operating  its  water  works  and  the  interest  as  it  accrues  on 
the  bonds,  notes  or  scrip  issued  as  aforesaid  by  said  town, 
and  to  make  such  payments  on  the  principal  as  may  be 
required  under  the  provisions  of  this  act,  shall  without 
further  vote  be  assessed  by  the  assessors  of  said  town  in 
each  year  thereafter  in  a  manner  similar  to  that  in  which 
other  taxes  are  assessed  under  the  provisions  of  section 
thirty-seven  of  chapter  four  hundred  and  ninety,  Part  I, 
of  the  acts  of  the  year  nineteen  hundred  and  nine,  until 
the  debt  incurred  by  said  loan  is  extinguished. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Ayyvoved  March  25,  1911. 

An  Act  relative  to  the  accounts  of  executors,  admin-  (Jjin^)  ^91 

ISTRATORS   AND   TRUSTEES.  ^  * 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     In  all  cases  in  which  a  tax  is  due  under  the  Accounts  of 
provisions  of  chapter  four  hundred  and  ninety,  Part  IV,  IdmhlL'trators 
of  the  acts  of  the  year  nineteen  hundred  and  nine,  and  the  and  trustees, 

V  ?  etc. 

amount  thereof  cannot  be  ascertained,  the  final  account  of 
the  executor,  administrator  or  trustee  liable  therefor  may 
be  allowed  if  it  appears  that  all  taxes  imposed  by  the  pro- 
visions of  said  chapter  upon  any  property  or  interest  therein 
belonging  to  the  estate  to  be  settled  by  said  account  and 
already  payable,  the  amount  of  which  can  be  ascertained, 
have  been  paid,  and  that  such  property  or  interest  therein, 
has  been  transferred  to  a  trustee  appointed  by  a  probate 
court  of  this  commonwealth  who  has  given  bond,  with 
sufficient  sureties,  in  such  a  sum  as  to  insure  the  payment 
of  all  taxes  which  are  or  may  become  due  on  said  estate, 
unless  such  trustee  is  exempted  from  giving  sureties  by  the 
probate  court  appointing  him;  and  such  trustee  shall  be 
liable  for  such  taxes  and  the  interest  thereon  in  the  same 
manner  and  to  the  same  amount  as  if  he  had  been  the  ex- 
ecutor, administrator  or  trustee  originally  liable  therefor, 
and  the  property  received  by  him  shall  be  subject  to  a  lien 
for  said  taxes  and  interest  until  the  same  are  paid. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Ay  proved  March  25,  1911, 


U2  Acts,  1911.  — Chap.  192. 


C/i«7>.192  An  Act  to  extend  the  privilege  of  recognizance  to 

FEMALE  JUDGMENT  DEBTORS. 

Be  it  enacted,  etc.,  as  follows: 
R.  L  168,  §8,       Section  1.     Section  eisrht  of  chapter  one  hundred  and 

amended.  -it  •       i  i  111 

sixty-eight  of  the  Revised  Laws  is  hereby  amencied  by 
inserting  after  the  word  "officer",  in  the  third  Hne,  the 
words :  —  either  by  deHvering  an  attested  copy  to  the 
debtor  or  by  leaving  it  at  her  last  and  usual  place  of  abode, 
or  if  the  debtor  fails  to  appear  at  any  adjournment  of  the 
hearing,  upon  the  request  of  the  creditor,  —  by  inserting 
after  the  word  "him",  at  the  end  of  the  third  line,  the  words: 
—  for  examination  forthwith,  or  at  a  date  to  be  then  fixed 
by  him,  —  and  by  adding  at  the  end  of  said  section  the 
words :  —  A  debtor  taken  into  custody  on  a  capias  issued 
under  this  or  the  following  section  shall  be  subject  to  the 
provisions  of  sections  twenty-nine,  thirty,  thirty-one,  sixty- 
five  and  sixty-six  of  this  chapter,  so  far  as  they  relate  to  male 
debtors  arrested  on  execution,  except  that  the  only  condi- 
tion of  the  recognizance  following  an  arrest  on  a  capias 
issued  under  this  section,  shall  be  that  within  ten  days 
after  the  day  of  her  arrest  she  will  present  herself  before 
the  magistrate  issuing  the  capias,  for  further  proceedings  as 
stated  in  section  nine  of  this  chapter,  first  leaving  at  the 
oflSce  of  the  attorney  of  record  for  the  creditor  in  these 
proceedings,  a  written  notice  of  the  time  and  place  at  which 
she  will  so  present  herself,  or  if  there  is  no  such  attorney  by 
delivering  it  to  the  creditor,  at  least  twenty  four  hours 
before  said  time,  and  a  copy  of  the  notice,  accompanied  by 
the  debtor's  sworn  statement  of  the  time  and  place  where 
said  service  was  made,  shall  be  filed  with  the  magistrate, 
who  shall  cause  a  record  of  the  filing  of  the  certificate  and 
the  appearance  of  the  debtor  to  be  made  in  the  proceed- 
RpooRiiizances  ings,  —  SO  as  to  read  as  follows:  —  Section  S.     If  the  debtor 

of  female  «    .1  1  •  1       i  1    •       ji  -^       • 

judKment  fails  to  appear  at  the  time  and  place  named  m  the  citation, 
upon  proof  of  service  by  the  return  of  the  officer,  either  by 
delivering  an  attested  copy  to  the  debtor  or  by  leaving  it 
at  her  last  and  usual  place  of  abode,  or  if  the  debtor  fails 
to  appear  at  any  adjournment  of  the  hearing,  upon  the  re- 
quest of  the  creditor,  the  magistrate  may  issue  a  capias 
to  bring  her  before  him  for  examination  forthwith,  or  at  a 
date  to  be  then  fixed  by  him,  which  may  be  served  by  an 
officer  qualified  to  serve  the  citation.     A  debtor  taken  into 


Acts,  1911.  — Chap.  192.  143 

custody  on  a  capias  issued  under  this  or  the  following 
section  shall  he  subject  to  the  provisions  of  sections  twenty- 
nine,  thirty,  thirty-one,  sixty-five  and  sixty-six  of  this  chap- 
ter, so  far  as  they  relate  to  male  debtors  arrested  on  execu- 
tion, except  that  the  only  condition  of  the  recognizance 
following  an  arrest  on  a  capias  issued  under  this  section, 
shall  be  that  within  ten  days  after  the  day  of  her  arrest  she 
will  present  herself  before  the  magistrate  issuing  the  capias, 
for  further  proceedings  as  stated  in  section  nine  of  this  chap- 
ter, first  leaving  at  the  office  of  the  attorney  of  record  for 
the  creditor  in  these  proceedings,  a  WTitten  notice  of  the 
time  and  place  at  which  she  will  so  present  herself,  or  if 
there  is  no  such  attorney  by  delivering  it  to  the  creditor, 
at  least  twenty-four  hours  before  said  time,  and  a  copy  of 
the  notice,  accompanied  by  the  debtor's  sworn  statement 
of  the  time  and  place  where  said  service  was  made,  shall  be 
filed  with  the  magistrate,  who  shall  cause  a  record  of  the 
filing  of  the  certificate  and  the  appearance  of  the  debtor 
to  be  made  in  the  proceedings. 

Section  2.  Section  nine  of  said  chapter  one  hundred  and  fm^„ded^'  ^  ^' 
sixty-eight  is  hereby  amended  by  inserting  after  the  word 
"magistrate",  in  the  second  line,  the  words:  —  or  when  she 
appears  before  him  in  accordance  with  the  terms  of  her 
recognizance,  shall  be  informed  by  him,  or  under  his  direc- 
tion, of  her  liability  upon  a  subsequent  default.  She  then, 
—  by  inserting  after  the  word  "creditor",  in  the  fourth 
line,  the  words :  —  either  forthwith,  or  at  such  time  as  may 
be  fixed  by  agreement  or  by  direction  of  the  magistrate. 
The  examination  shall  be  oral  or  in  writing,  at  the  discre- 
tion of  the  magistrate,  and  if,  —  and  by  adding  at  the  end 
of  said  section  the  words:  —  The  examination  may  be 
adjourned  from  time  to  time  in  the  discretion  of  the  magis- 
trate, and  if  the  debtor  after  having  once  been  before  the 
magistrate  by  reason  of  a  capias  issued  under  section  eight, 
again  makes  default,  she  shall  be  considered  in  contempt 
of  the  magistrate,  who  may  issue  a  capias  to  bring  her  before 
him  to  answer  therefor,  and  after  a  hearing,  if  no  satisfac- 
tory reason  is  shown  for  the  default,  the  magistrate  may  pun- 
ish the  debtor  for  the  contempt  by  a  fine  not  exceeding 
fifty  dollars,  or  by  imprisonment  in  jail  for  not  more  than 
fifteen  days.  The  magistrate  may  require  the  debtor  to 
continue  the  examination  after  the  contempt  proceedings 
have  been  disposed  of,  with  liability  to  punishment  in  like 
manner  for  failure  to  attend  any  subsequent  hearing.     A 


144  Acts,  1911.  — Chap.  192. 

capias  issued  under  this  section  may  he  served  by  an  officer 
qualified  to  serve  the  execution,  and  if  the  arrest  is  made 
when  the  court  is  not  sitting  and  the  debtor  wishes  to  recog- 
nize, the  only  condition  of  the  recognizance  shall  be  that 
she  will  appear  before  the  magistrate  issuing  the  capias  at 
the  opening  of  the  next  sitting  of  the  court,  and  remain 
until  her  matter  is  reached  for  action.  Under  this  form  of 
recognizance  the  debtor  shall  not  be  required  to  notify  the 
creditor  or  his  attorney  of  her  intention  to  appear.  It  shall 
be  the  duty  of  the  arresting  officer  to  be  present  with  the 
capias  at  the  opening  of  said  sitting,  and,  unless  sooner 
excused  by  the  magistrate,  he  shall  remain  in  attendance 
to  execute  such  further  process  as  may  be  issued  in  con- 
nection with  said  arrest.  Upon  the  return  of  the  capias  to 
the  magistrate  the  debtor  shall  be  called  and  a  record  of  the 
facts  made  in  the  proceedings,  —  so  as  to  read  as  follows: 
Uon^Ltc*  —  Section  9.     The  judgment  debtor,  when  so  brought  before 

said  magistrate,  or  when  she  appears  before  him  in  accord- 
ance with  the  terms  of  her  recognizance,  shall  be  informed 
by  him,  or  under  his  direction,  of  her  liability  upon  a  sub- 
sequent default.  She  then  shall  be  sworn  to  make  true, 
full  and  perfect  answers  relative  to  her  property  and  the 
disposal  thereof;  and  she  shall  thereupon  be  examined  by 
the  judgment  creditor  either  forthwith,  or  at  such  time  as 
may  be  fixed  by  agreement  or  by  direction  of  the  magistrate. 
The  examination  shall  be  oral  or  in  writing,  at  the  discre- 
tion of  the  magistrate,  and  if  upon  written  interrogatories, 
in  the  presence  of  the  magistrate  or  otherwise  as  he  shall 
order;  and  after  such  examination  she  may  add  such  other 
facts  as  she  may  consider  necessary,  and  the  judgment 
creditor  may  re-examine  her  relative  thereto.  Such  exam- 
ination shall  be  signed  by  her  and  filed  with  said  magistrate. 
Either  party  may  introduce  evidence  relative  to  the  subject 
of  such  examination.  The  examination  may  be  adjourned 
from  time  to  time  in  the  discretion  of  the  magistrate,  and 
if  the  debtor,  after  liaving  once  been  l)efore  the  magistrate 
by  reason  of  a  capias  issued  under  section  eight,  again  makes 
default,  she  shall  be  considered  in  contempt  of  the  magis- 
trate, who  may  issue  a  capias  to  bring  her  before  him  to 
answer  therefor,  and  after  a  hearing,  if  no  satisfactory  rea- 
son is  shown  for  the  default,  the  magistrate  may  j)unish  the 
debtor  for  the  conteinj^t  by  a  fine  not  exceeding  fifty  dol- 
lars, or  by  iniprisonnient  in  jail  for  not  more  than  fifteen 
days.     The  magistrate  may  require  the  debtor  to  contiiuie 


Acts,  1911.  — Chap.  192.  145 

the  examination  after  the  contempt  proceedings  have  been 
disposed  of,  with  habihty  to  punishment  in  Hke  manner  for 
failure  to  attend  any  subsequent  hearing.  A  capias  issued 
under  this  section  may  be  served  by  an  officer  quahfied  to 
serve  the  execution,  and  if  the  arrest  is  made  when  the  court 
is  not  sitting  and  the  debtor  wishes  to  recognize,  the  only 
condition  of  the  recognizance  shall  be  that  she  will  appear 
before  the  magistrate  issuing  the  capias  at  the  opening  of 
the  next  sitting  of  the  court,  and  remain  until  her  matter  is 
reached  for  action.  Under  this  form  of  recognizance  the 
debtor  shall  not  be  required  to  notify  the  creditor  or  his 
attorney  of  her  intention  to  appear.  It  shall  be  the  duty  of 
the  arresting  officer  to  be  present  with  the  capias  at  the 
opening  of  said  sitting,  and,  unless  sooner  excused  by  the 
magistrate,  he  shall  remain  in  attendance  to  execute  such 
further  process  as  may  be  issued  in  connection  with  said 
arrest.  Upon  the  return  of  the  capias  to  the  magistrate 
the  debtor  shall  be  called  and  a  record  of  the  facts  made 
in  the  proceedings. 

Section  3.  Section  ten  of  said  chapter  one  hundred  and  f\]^-  ^^^' 
sixty-eight  is  hereby  amended  by  inserting  after  the  word  amended, 
"upon",  in  the  first  line,  the  words:  —  the  completion  of, 
—  so  as  to  read  as  follows :  —  Section  10.  If  it  appears  Surrender 
upon  the  completion  of  such  examination  that  the  judgment  eto"^"^^^  ^' 
debtor  has  property  of  the  value  of  twenty  dollars  not  ex- 
empt from  attachment  or  from  being  taken  on  execution 
or  which  cannot  be  reached  on  execution,  judgment  to  that 
effect  shall  be  entered  and  she  shall  produce  such  property, 
or  so  much  thereof  as  may  be  needed  to  satisfy  such  execu- 
tion with  the  costs  of  the  proceedings  upon  such  citation; 
or  if  said  property  is  not  within  the  county  in  which  the 
proceedings  are  had,  or  not  capable  of  being  taken  on  execu- 
tion, she  shall  execute  and  deliver  to  the  judgment  creditor 
or  to  a  person  in  his  behalf  a  transfer,  assignment  or  con- 
veyance thereof,  or  of  so  much  thereof  as  may  be  sufficient 
to  satisfy  said  execution  and  said  costs,  or  to  secure  the 
payment  thereof.  If,  upon  being  ordered  so  to  do,  she  fails 
to  comply  with  such  order,  she  shall  be  committed  by  said 
magistrate  as  for  a  contempt,  until  she  complies  with  such 
order  or  is  otherwise  discharged  according  to  law. 

Section  4.     Section  twenty-seven  of  said  chapter  one  hun-  r.  l.  les, 
dred  and  sixty-eight  is  hereby  amended  by  inserting  after  fmJnded. 
the  word  "required",  in  the  second  line,  the  words:  —  or 
on  a  capias  issued  under  sections  eight  or  nine  of  this  chap- 


146  Acts,  1911.  —  Chaps.  193,  191,  195. 

Arrest,  etc.  ter,  —  SO  as  to  read  as  follows :  —  Section  27.  An  arrest 
shall  not  be  made  after  sunset,  in  cases  in  which  a  certificate 
of  a  magistrate  is  required,  or  on  a  capias  issued  under  sec- 
tions eight  or  nine  of  this  chapter,  unless  it  is  specially 
authorized  therein  for  cause. 

Capias,  etc.  SECTION  5.     The  amount  and  date  of  recovery  of  the 

judgment,  the  names  of  all  parties  to  the  action,  and  the 
conditions  under  which  the  debtor  may  recognize  when  taken 
into  custody,  shall  be  stated  in  every  capias  issued  under 
this  act. 

^^^^^^-  Section  6.     All  acts  and  parts  of  acts  inconsistent  here- 

with are  hereby  repealed.  Apjjroved  March  25,  1911. 

CJuqy.X^'d  An  Act  relative  to  work  for  prisoners  and  the  use 

OF  A   LOG   AND   CHAIN. 

Be  it  enacted,  etc.,  as  follows: 

TL^hSzs,  Section  thirty-seven  of  chapter  two  hundred  and  twenty- 

§  37.  gyg  q£  ^j^g  Revised  Laws,  relative  to  work  for  prisoners  and 

the  use  of  a  log  and  chain  on  prisoners,  is  hereby  repealed. 

Approved  March  25,  1911. 

Chap.VdA:  An  Act  relative  to  trespassing  upon  lands  of  the 

PRISON  CAMP  AND  HOSPITAL  AND  THE  INDUSTRIAL  SCHOOL 
FOR   BOYS. 

Be  it  enacted,  etc.,  as  follows: 

^tc.^ext^nded.  I'h^  provisions  of  section  one  hundred  and  twelve  of 
chapter  two  hundred  and  eight  of  the  Revised  Laws,  and 
of  amendments  thereof,  providing  a  penalty  for  tresjiassing 
upon  land  of  certain  institutions,  are  hereby  extended  and 
made  applicable  to  the  lands  of  the  prison  camp  and  hos- 
j)ital  in  Rutland,  and  of  the  industrial  school  for  boys  in 
Shirley.  Approved  March  25,  1911. 

Chap.Y,)^  An  Act  to  provide  for  storage  facilities  on  prison 
premises  where  goods  are  made  for  use  in  public 
institutions. 

Be  it  enacted,  etc.,  as  follows: 

flriuumon  Section  1.     There   may   be  expended   from   the   Prison 

prison  prem-      Lulustrics  Fund  sucli  auiounts  as  the  prison  commissioners 

ises,  etc.  * 


Acts,  1911.  — Chats.  196,  197.  117 

shall  authorize  from  time  to  time  for  the  purpose  of  provid- 
ing upon  prison  premises  storage  room  that  may  be  needed 
in  connection  with  the  work  of  making  goods  for  the  use 
of  public  institutions. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  25,  1911. 

An  Act  relative  to  the  use  of  school  halls  in  the  (JJiajj.X'^Q 

CITY   OF   MALDEN. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.     The  city  of  Maiden  is  hereby  authorized  to  useofhaiia 
grant  the  temporary  use  of  halls  in  school  buildings  upon  bufidings  in 
such  terms  and  conditions  and  for  such  public  or  educational  ^^^xdJn  °^ 
purposes  as  the  school  committee  of  the  city  may  deem  wise: 
provided,  however,  that  such  use  shall  not  in  any  way  inter-  Proviso. 
fere  or  be  inconsistent  with  the  use  thereof  for  school  pur- 
poses. 

Section  2.     This  act  shall  be  submitted  to  the  city  coun-  to  be  sub- 
oil  of  the  city,  and  shall  take  effect  upon  its  acceptance  by  "i" council!' 
a  two  thirds  vote  of  the  members  present  and  voting,  in  each 
branch,  and  upon  the  approval  of  the  mayor. 

Section  3.     So  much  of  this  act  as  authorizes  its  submis-  Time  of 
sion  to  the  city  council  shall  take  effect  upon  its  passage,   ''  '"^  "^ 
but  it  shall  not  further  take  effect  until  accepted  by  the  city 
council  as  herein  provided. 

Section  4  Nothing  herein  contained  shall  impair  or  Powers  of  the 
limit  the  powers  and  duties  conferred  and  imposed  by  law  not  impaired. 
upon  the  district  police.  Approved  March  25,  1911. 


An  Act  to  authorize  the  city  of  malden  to  establish  Chap.197 

A   PUBLIC   GROUNDS   COMMISSION. 

Be  it  enacted,   etc.,  as  follows: 

Section  1.     The   mayor   and   aldermen   of   the   city   of  Ma'idilfmly 
Maiden   shall,   within   sixty  days   after  the   acceptance  of  ^Jf}]''^*^^,^ 
this  act,  as  hereinafter  provided,  appoint  five  persons  to  be  commission. 
members  of  the  public  grounds  commission,  whose  terms  of 
office  shall  expire  on  the  first  day  of  IVIarch  in  the  years 
nineteen  hundred  and  twelve,  nineteen  hundred  and  thirteen, 
nineteen  hundred  and  fourteen,  nineteen  hundred  and  fifteen, 
and  nineteen  hundred  and  sixteen,  respectively,  and  shall 
thereafter,   before  March  first  in  each  year,  appoint  one 


us 


Acts,  1911.  — Chap.  197. 


Powers  and 
duties. 


Superin- 
tendence of 
public  burial 
grounds,  etc. 


person  to  serve  for  five  years  as  a  member  of  said  commis- 
sion. The  members  of  the  commission  shall  hold  their  office 
until  others  shall  be  chosen  and  qualified  in  their  stead. 
Vacancies  may  be  filled  by  the  mayor  and  aldermen  at  any 
time,  and  removals  may  be  made  by  them  for  cause.  The 
persons  so  appointed  shall  constitute  the  public  grounds 
commission  of  the  city  of  INIalden.  They  shall  receive  no 
compensation  for  their  services. 

Section  2.  All  the  powers  and  duties  vested  by  exist- 
ing laws  in  the  board  of  park  commissioners  of  the  said  city 
shall  vest  in  and  be  exercised  and  performed  by  the  public 
grounds  commission  after  the  appointment  and  qualifica- 
tion of  its  members.  The  appointment  and  ciualification 
of  said  public  grounds  commission  shall  abolish  said  board 
of  park  commissioners. 

Section  3.  Said  commission  shall  have  the  sole  care, 
superintendence  and  management  of  all  j)ublic  burial  grounds 
in  said  cit}^  may  lay  out  any  existing  public  burial  grounds 
in  the  city  or  any  land  purchased  and  set  apart  by  the  city 
for  cemeteries  and  other  public  burial  grounds  in  lots  or 
other  suitable  sub-divisions  with  proper  paths  and  avenues, 
may  plant,  embellish,  ornament  and  fence  the  same  and 
erect  therein  such  suitable  edifices  and  conveniences  and 
make  such  improvements  as  it  considers  convenient; 
and  may  make  such  regulations,  not  inconsistent  with 
law,  as  it  considers  expedient;  and  shall  have  and  exercise 
all  the  powers  and  duties  vested  by  law  in  said  city  relative 
to  cemeteries.  Said  commission  ma;^',  by  deed  made  and 
executed  in  such  manner  and  form  as  it  may  prescribe, 
convey  to  any  person  the  sole  and  exclusive  right  of  burial 
in  any  lot  in  said  cemetery  and  of  erecting  tombs,  ceno- 
taphs and  other  monuments  or  structures  thereon  upon  such 
terms  and  conditions  as  its  regulations  prescribe.  Such 
deeds  and  all  subsecpient  deeds  of  such  lots  made  by  the 
owners  thereof  shall  be  recorded  by  said  commission  in  suit- 
able books  of  record,  which  shall  be  open  to  the  public  at 
all  reasonable  times.  The  said  commission  is  authorized  to 
take  and  hold  any  grant,  gift,  bequest  or  deposit  that  may 
be  made  upon  trust,  and  to  ai)ply  tiie  same,  or  the  income 
thereof,  to  the  improvement  or  embellishment  of  the  said 
cemeteries,  in  any  manner  or  form  consistent  with  the  pur- 
poses for  which  it  was  established.  And  when  such  a  grant, 
gift,  befpiest  or  deposit  is  made  by  the  proprietor  of  a  lot 
for  its  repair,  preservation  or  enibeliishment,  the  commis- 


Acts,  1911.  — Chap.  197.  U9 

sion  may  give  to  such  proprietor  an  agreement  or  obligation 
in  such  form,  and  upon  such  terms  and  conditions  as  it 
may  estabhsh,  binding  the  city  to  keep  the  lot  in  repair 
forever,  or  for  such  period  as  may  be  agreed  upon.  All 
sums  of  money  so  received  shall  immediately  be  paid  to  the 
city  treasurer,  and  be  invested  by  him,  under  the  direction 
of  said  commission,  in  securities  named  or  described  in  the 
law  governing  investments  by  savings  banks,  or  by  deposit 
in  any  savings  bank,  national  bank  or  trust  company  in  the 
commonwealth;  and  shall  always  remain  separate  from  and 
independent  of  any  other  moneys  or  property  belonging  to 
the  city,  and  free  from  the  control  of  the  city  council.  The 
income  of  such  fund  or  funds  shall  be  received  by  the  city 
treasurer,  and  shall  be  appropriated  by  the  said  commis- 
sion in  such  manner  as  will  in  its  opinion  promote  the  purposes 
for  which  such  grants,  gifts,  bequests  or  deposits  were  made. 

Said  commission  shall  have  control  of  any  appropriation  Control  of 
which  may  be  made  for  the  cemeteries  by  the  city  council,  '■*pp''op'''ation. 
and  the  use  and  control  of  all  receipts  including  the  proceeds 
of  the  sales  of  rights  of  burial.     All  such  funds  shall  be  re- 
ceived and  disbursed  by  the  city  treasurer. 

Section  4.  Said  commission  is  authorized,  subject  to  May  appoint 
the  provisions  of  chapter  nineteen  of  the  Revised  Laws,  employees. 
and  acts  in  amendment  thereof  and  in  addition  thereto,  to 
appoint  its  agents  and  employees,  define  their  duties  and 
fix  their  compensation,  and  in  general  to  do  all  things  neces- 
sary for  the  proper  performance  of  their  duties.  Except  as 
hereinbefore  provided,  said  commission  shall  not  incur  or 
authorize  any  expenditure  without  a  previous  appropria- 
tion therefor  by  the  city  council. 

Section  5.     Said  commission  shall  annually,  in  January,  Report. 
submit  to  the  city  council  a  report,  containing  a  statement 
of  the  condition  of  the  public  grounds,  and  an  account,  in 
detail,  of  its  receipts  and  expenditures. 

Section  6.     This  act  shall  be  submitted  to  the  city  coun-  To  be  sub- 
cil  of  the  city,  and  shall  take  effect  upon  its  acceptance  by  dty  council^ 
a  two  thirds  vote  of  the  members  present  and  voting,  in  ^^nd'^''^^^' 
each  branch,  with  the  approval  of  the  major. 

Section  7.     So  much  of  this  act  as  authorizes  its  submis-  Time  of 
sion  to  the  city  council  of  the  city  shall  take  effect  upon   ^  '°^  ^ 
its  passage,  but  it  shall  not  further  take  effect  until  accepted 
by  the  city  council  as  herein  provided. 

Approved  March  25,  1911. 


150 


Acts,  1911.  — Chaps.  198,  199,  200. 


Chap.198  An  Act  relative  to  the  protection  of  homing  pigeons. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person,  not 
being  the  rightful  owner,  to  catch,  detain,  shoot  or  kill, 
injure,  or  in  any  way  interfere  with  a  homing  or  carrier 
pigeon,  or  to  remove  any  identification  mark,  band  or  other 
thing  from  such  a  pigeon. 

Section  2.  Whoever  violates  any  provision  of  this  act 
shall  be  punished  by  a  fine  of  not  less  than  twenty-five  nor 
more  than  fifty  dollars  for  each  pigeon  in  respect  to  which 
the  violation  occurs.  Approved  March  25,  1911. 


Protection 
of  homing 
pigeons. 


Penalty. 


C/iajJ.l^d  An  Act  relative  to  the  examination  of  applicants  by 
the  board  of  registration  in  veterinary  medicine. 

Be  it  enacted,   etc.,   as  follows: 

Section  five  of  chapter  two  hundred  and  forty-nine  of  the 
acts  of  the  year  nineteen  hundred  and  three  is  hereby  amended 
by  striking  out  the  word  "and",  in  the  last  line,  and  by 
adding  at  the  end  of  said  section  the  words:  —  and  veteri- 
nary dentistry,  —  so  as  to  read  as  follows :  —  Section  5.  Ex- 
aminations shall  be  held  at  least  twice  annually,  and  shall 
be  exclusively  in  writing,  in  English.  There  shall  be  suit- 
able questions  to  test  the  requisite  knowledge  of  the  appli- 
cants in  the  following  subjects :  —  Anatomy,  surgery, 
physiology,  animal  parasites,  obstetrics,  pathology,  bac- 
teriology, diagnosis  and  practice,  therapeutics,  materia 
raedica  and  veterinary  dentistry. 

Approved  March  25,  1911. 


1903,  249, 
§  5,  amended. 


Examina- 
tions. 


Cha2y.200  An  Act  to  authorize  the  town  of  north  attlerorough 

to   incur   indebtedness    for   the   purpose   of   SECI'RING 

a  location  for  the  boston  and  providence  interurban 
electric  railroad  company. 

Be  it  enacted,  etc.,  as  follows: 

J'eminra'ii''  Section  1.  The  town  of  North  Attleborough,  acting 
way  company  through  its  bourd  of  Selectmen,  is  hereby  authorized  to  sub- 
of North  scribe  to  a  fund  to  be  paid  to  the  Boston  and  Pro\itlence 

Attleborough.  i.^t^.^jj^ban  Elcctric  Railroad  Company-  for  the  puri)ose  of 
securing  a  location  and  right  of  way  for  said  railroad  com- 
pany, which  will  pass  through  said  town  and  near  the  centre 


Acts,  1911.  — Chap.  201.  151 

thereof  at  Cheever's  corner,  so-called :  provided,  however,  that  Proviso, 
said  subscription  shall  become  void  in  case  said  railroad 
company  shall   not  have  constructed   its  railroad  through 
the  town  of  North  Attleborough,  on  or  before  January  first, 
nineteen  hundred  and  sixteen. 

Section  2.     The  town  of  North  Attleborough,  for  the  North  Attie- 
purpose   of  paying   the   necessary   expenses   and   liabilities  Iwc^Rlnroad 
incurred    under    this    act,    may   incur   indebtedness   to    an  ^"g'J";  ^"^^  ^'^ 
amount  not  exceeding  twenty  thousand  dollars,  and  may 
issue  therefor  bonds  or  notes.     Such  bonds  or  notes  shall 
bear  on  their  face  the  words.  North  Attleborough  Electric 
Railroad  Loan,  Act  of  1911,  shall  be  payable  within  periods 
not  exceeding  ten  years  from  the  dates  of  issue,  and  shall 
bear  interest,  payable  semi-annually,  at  a  rate  not  exceed- 
ing four  per  cent  per  annum.     They  shall  be  signed  by  the 
treasurer  of  the  town  and  countersigned  by  a  majority'  of 
the  selectmen.     The  town  may  from  time  to  time  sell  such 
securities,  or  any  part  thereof,  at  public  or  private  sale, 
but  they  shall  not  be  sold  for  less  than  their  par  value.     The 
proceeds  shall  l)e  paid  by  the  treasurer  of  the  town,  upon 
the  order  of  a  majority  of  the  board  of  selectmen,  for  the 
expenses  and  purposes  aforesaid:  yravided,  however,  that  no  Proviso. 
such  bonds  or  notes  shall  be  issued  until  the  said  railroad 
has  been  constructed  as  provided  in  section  one  of  this  act. 

Section  3.  The  town  shall  at  the  time  of  authorizing  Payment  of 
the  said  loan  provide  for  the  payment  thereof  in  such  annual 
payments  as  will  extinguish  the  same  within  the  time  pre- 
scribed by  this  act,  and,  when  such  provision  has  been  made, 
the  amount  required  shall,  without  further  vote,  be  assessed 
by  the  assessors  of  the  town  in  each  year  thereafter,  in  the 
same  manner  in  which  other  taxes  are  assessed,  until  the 
debt  incurred  by  the  town  is  extinguished. 

Section  4.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  25,  1911. 

An  Act  relative  to  the  construction  of  a  sewerage  QJfap. 201 

system   by   the   town   of   LEXINGTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  three  hundred  and  §^i° ^amended. 
fifty-nine  of  the  acts  of  the  year  nineteen  hundred  and  six 
is  hereby  amended  by  inserting  after  the  word  "determine", 
in  the  eleventh  line,  the  words:  —  but  they  may  from  time 
to  time,  whether  before  or  after  beginning  the  work  of  con- 


152 


Acts,  1911.  — Chap.  202. 


Plan  of  pro- 
posed system 
of  sewerage 
for  the  town 
of  Lexington. 


Percentage 
of  cost  to  be 
paid  by 
abutting 
landowners. 


struction,  make  such  alterations  in  the  location  or  character 
of  the  main  or  any  connecting  sewer  as  shall  be  approved 
by  the  state  board  of  health  after  the  submission  of  such 
detailed  plans  and  descriptions  as  said  board  may  require, 
—  so  as  to  read  as  follows:  —  Section  1.  The  town  of  Lex- 
ington, in  establishing  a  system  of  sewerage,  pursuant  to 
the  provisions  of  chapter  five  hundred  and  four  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-seven  as  hereby 
amended,  shall  construct  initially  sewers  in  such  streets, 
ways  and  places,  agreeably  to  the  general  scheme  of  sewage 
disposal  appearing  on  the  lithographed  plan  entitled  "Plan 
showing  proposed  system  of  sewers  for  the  town  of  Lexing- 
ton, Mass.,  designed  by  McClintock  &  Woodfall,  Civil 
Engineers",  dated  1897,  and  for  such  distances  as  the  sewer 
commissioners  shall  determine;  but  they  may  from  time 
to  time,  whether  before  or  after  beginning  the  work  of  con- 
struction, make  such  alterations  in  the  location  or  character 
of  the  main  or  any  connecting  sewer  as  shall  be  approved 
by  the  state  board  of  health  after  the  submission  of  such 
detailed  plans  and  descriptions  as  said  board  may  require. 
Said  sewers  may  have  under-drains  along  such  portions  of 
them  as  the  commissioners  shall  determine. 

Section  2.  If  the  town  should,  by  vote  passed  before 
it  authorizes  the  construction  of  a  sewerage  system  declare 
that  the  percentage  of  approximate  cost  of  such  original 
installation  to  be  paid  by  abutting  landowners  shall  be 
sixty-six  and  two  thirds  per  cent,  instead  of  seventy-five 
per  cent  as  now  provided  in  said  chapter  three  himdred  and 
fifty-nine,  the  provisions  thereof  shall  be  construed  as  if 
they  were  hereby  amended  by  substituting  the  words:  — 
sixty-six  and  two  thirds  per  cent,  —  for  the  words  "  seventy- 
five  per  cent",  wherever  they  occur  in  said  chapter. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  25,  1911. 


Chap.20^  An  Act  rel.\tive  to  female  truants  in  the  city  of 

Boston. 


Committal 
of  female 
truants,  etc. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Ilal^itual  female  truants,  female  absentees 
and  habitual  female  school  olVeiiders  committed  in  the  citv 
of  Boston  shall  l)e  committed  to  the  charge  and  custody  of 
the  Children's  Institutions  Trustees  to  be  by  them  cared 
for  ill   tlie  same  manner  as   negleeted   children. 


Acts,  1911.  — Chaps.  203,  204.  153 

Section  2.     All  provisions  of  law  inconsistent  herewith  Repeal. 
are  hereby  repealed. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  25,  1911. 


An  Act  relative  to  the  expense  of  maintaining  and  (Jji^jy  203 

OPERATING  A   CERTAIN  BRIDGE  ACROSS  THE  POWOW  RIVER 
IN   THE   TOWN   OF   AMESBURY. 

Be  it  enacted,   etc.,  as  fuUows: 

Section  1.  The  expense  of  maintaining  and  operating  Maintenance 
the  Powow  bridge,  so-called,  across  the  Powow  river  in  fionofthe 
the  town  of  Amesbury,  shall,  in  the  first  instance,  be  paid  bridge  e'tJ^'^ 
out  of  the  treasury  of  the  county  of  Essex.  The  county 
commissioners  of  the  county  of  Essex  shall  have  full  control 
of  said  bridge  and  shall  annually  in  the  month  of  November 
submit  to  the  town  of  Amesbury  a  true  statement  of  the 
expense  of  its  maintenance  and  operation;  and  within  thirty 
days  thereafter  the  said  town  shall  pay  into  the  treasury 
of  the  county  of  Essex  sixty  per  cent  of  said  expense,  and 
if  the  town  shall  refuse  or  neglect  to  pay  its  proportion  as 
required  aforesaid  the  said  commissioners  shall,  after  a 
notice  to  the  town,  issue  a  warrant  for  its  proportion,  deter- 
mined as  aforesaid,  with  interest  and  the  costs  of  the  notice 
and  warrant,  and  the  same  shall  be  collected  and  paid  into 
the  treasury  of  said  county,  to  be  applied  in  payment  of 
the  expense  aforesaid. 

Section  2.     Any  street  railway  company  having  a  loca-  Proportion 
tion  on  said  bridge  shall  annually  pay  into  the  treasury  of  bepa^'by '° 
the  county  of  Essex,  toward  keeping  said  bridge  in  repair,  c^Jj^*^*  nf  ^''^ 
a  portion  of  the  total  excise  and  franchise  taxes  payable  by 
such  corporation,  equivalent  to  the  proportion  of  its  mile- 
age located  upon  said  bridge  to  its  total  mileage,  determined 
according  to  law. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  25,  1911. 

An  Act  to  provide  for  the  appointment  of  inspectors  (JJidyj  204 
OF  crude  petroleum  and  its  products. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The   mayor   and   aldermen   of   a   city,    the  inspectors 
selectmen  of  a  town  of  more  than  fifteen  hundred  inhabit-  petroleum,  etc 


154  Acts,  1911.  — Chap.  205. 

ants  and,  upon  the  written  application  of  five  or  more 
citizens  of  a  town  of  less  than  fifteen  hundred  inhabitants, 
the  selectmen  thereof,  shall  annually  appoint  and  fix  the 
compensation  of  one  or  more  inspectors  of  petroleum  who, 
before  entering  upon  their  official  duties,  shall  be  sworn 
and  who  shall  not  be  interested  in  the  sale  of  crude  petro- 
leum or  in  the  sale  or  manufacture  of  petroleum  or  earth 
rock  oil  or  in  any  of  their  products.  The  compensation  of 
said  inspectors  shall  be  paid  by  persons  who  require  their 
services  under  the  provisions  of  the  following  section. 

und'approvai.  SECTION  2.  No  pcrson  shall  sell  or  keep  for  sale,  at 
wholesale  or  retail,  for  illuminating  purposes  any  kerosene, 
refined  petroleum  or  any  product  of  petroleum,  unless  it 
has  been  inspected  and  approved  by  an  inspector  authorized 
in  this  commonwealth. 

b/tawyi'etc.  Section  3.     Cities  and  towns  may  adopt  ordinances,  by- 

laws and  regulations,  not  inconsistent  with  law,  relative  to 
the  inspection  of  the  oils  named  in  the  preceding  section 
which  have  not  been  inspected  and  approved  by  an  insj)ector. 

Repeal.  SECTION  4,     So  inucli  of  any  act  as  is  inconsistent  here- 

with is  hereby  repealed. 
Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  25,  1911. 

Chap.20^  An  Act  relative  to  the  kinds  of  business  which  may 

BE  DONE   BY   INSURANCE   COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 

Vsl'etl^,'  Section  1.     Section  thirty-four  of  chapter  five  hundred 

amended.  g^j^^l  scvcuty-six  of  the  acts  of  the  year  nineteen  hundred 
and  seven,  as  amended  by  chapter  eighty-one  of  the  acts 
of  the  year  nineteen  hundred  and  eight,  and  by  chapter  four 
hundred  and  eighty-eight  of  the  acts  of  the  year  nineteen 
hundred  and  nine,  and  by  chapter  four  hundred  and  ninety- 
nine  of  the  acts  of  the  year  nineteen  hundred  and  ten,  is 
hereby  further  amended  by  inserting  after  clause  "//",  a 
new  clause  to  be  lettered  clause  i,  as  follows:  —  i.  The  kinds 
of  business  specified  in  the  sixth  clause  of  section  thirty- 
two,  and  also  insurance  against  the  sickness  and  the  bodily 
injury  or  the  death  by  accident  of  the  insured,  if  })erniitted 
to  transact  either  kind,  and  if  it  has  a  ])aid-uj)  capital  of 
not  less  than  two  hundred  thousand  dollars. 

Section  2.     This  act  shall  take  efi'ect  upon  its  passage. 

Approved  March  JS,  1911, 


Acts,  1911.  — Chaps.  20G,  207.  '  155 


An  Act  relative  to  the  appointment  of  guardians  for  Ckap.206 

INSANE  PERSONS  AND  OF  CONSERVATORS. 

Be  it  enacted,  etc.,  a^  follows: 

Section  1.     A  guardian  of  an  insane  person,  or  a  con-  Appointment 
servator  of  the  property  of  a  person  who  is  unable  properly  InnsLl^"^ 
to  care  for  his  property  by  reason  of  advanced  age  or  mental  persons,  etc. 
weakness,  shall  not  be  appointed  without  such  notice  as  the 
probate  court  may  order  to  the  heirs  apparent  or  presump- 
tive of  such  person;  but  the  probate  court  may,  without 
such  notice,   appoint  a  temporary  guardian  of  an  insane 
person  or  a  conservator  upon  the  petition  of  the  person  of 
whose  property  a  conservator  is  to  be  appointed. 

Section  2.     The  notice  required  by  this  act  shall  be  in  Notice  of  ap- 
addition  to  the  notice  now  required  by  law.  pomtment. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  28,  1911. 


An  Act  relative  to  the  appointment  and  duties  of  Chap.207 

town  accountants. 

Be  it  enacted,  etc.,  as  follows: 

Section  six  of  chapter  six  hundred  and  twenty-four  of  g^g^^^^l^^e^ 
the  acts  of  the  year  nineteen  hundred  and  ten  is  hereby 
amended  by  striking  out  the  word  "who",  in  the  seventh 
line,  and  inserting  in  place  thereof  the  words :  —  or  to  such 
committee  as  the  town  may  appoint  to  consider  and  report 
on  proposed  appropriations.  The  selectmen,  or  said  com- 
mittee when  so  appointed,  —  so  as  to  read  as  follows:  — 
Section  6.  The  town  accountant  shall  immediately  upon  Tabulated 
the  close  of  the  fiscal  year  compile  statements  in  tabulated  blffu^ni^hed! 
form  so  as  to  show  the  amounts  appropriated  and  the  *'^'^- 
amounts  expended  from  each  appropriation  during  the  pre- 
ceding year,  and  the  estimates  for  the  current  year,  and 
shall  forthwith  furnish  a  copy  of  the  same  to  the  selectmen, 
or  to  such  committee  as  the  town  may  appoint  to  consider 
and  report  on  proposed  appropriations.  The  selectmen,  or 
said  committee  when  so  appointed,  shall,  after  due  consider- 
ation, designate  the  amounts  which  in  their  opinion  should 
be  appropriated  for  the  ensuing  year,  and  shall  accompany 
the  same  with  such  explanations  and  suggestions  in  relation 
to  proposed  appropriations  as  they  may  deem  desirable  for 
the  proper  information  of  the  citizens.     The  selectmen  shall 


156 


Acts,  1911.  — Chap.  208. 


cause  this  document  to  be  printed  .and  to  be  distributed  in 
advance  of  or  at  the  annual  town  meeting,  and  the  town 
clerk  shall  transmit  a  copy  of  the  same  and  of  all  town 
reports  to  the  director  of  the  bureau  of  statistics. 

Approved  March  28,  1911. 


Chap.208  An  Act  relative  to  the  weekly  payment  of  wages  by 

EXPRESS   companies. 


1909,  514, 
§  112,  etc., 
amended. 


Weekly  pay- 
ment of 
wages,  etc. 


Be  it  enacted,  etc.,  as  folloivs: 

Section  one  hundred  and  twelve  of  chapter  five  hundred 
and  fourteen  of  the  acts  of  the  year  nineteen  hundred  and 
nine,  as  amended  by  chapter  three  hundred  and  fifty  of  the 
acts  of  the  year  nineteen  hundred  and  ten,  is  hereby  further 
amended  by  striking  out  the  word  "incorporated",  in  the 
third  line,  so  as  to  read  as  follows:  —  Section  112.  Every 
manufacturing,  mining,  or  quarrying,  mercantile,  railroad, 
street  railway,  telegraph  or  telephone  corporation,  every  ex- 
press company  or  water  company,  and  every  contractor, 
person  or  partnership  engaged  in  any  manufacturing  business, 
in  any  of  the  building  trades,  in  quarries  or  mines,  upon  public 
works  or  in  the  construction  or  repair  of  railroads,  street 
railways,  roads,  bridges  or  sewers,  or  of  gas,  water  or  elec- 
tric light  works,  pipes  or  lines,  shall  pay  weekly  each  employee 
engaged  in  his  or  its  business  the  wages  earned  by  him  to 
within  six  days  of  the  date  of  said  payment,  but  any  employee 
leaving  his  or  her  employment,  shall  be  paid  in  full  on  the 
following  regular  pay  day;  and  any  employee  discharged 
from  such  employment  shall  be  paid  in  full  on  the  day  of 
his  discharge,  or  in  the  city  of  Boston  as  soon  as  the  pro- 
visions of  law  requiring  pay  rolls,  bills  and  accounts  to  be 
certified  shall  have  been  complied  with;  and  the  common- 
wealth, its  officers,  boards  and  commissions  shall  so  pay 
every  mechanic,  workman  and  laborer  who  is  employed  by 
it  or  them,  and  every  person  employed  by  it  or  them  in  any 
penal  or  charitable  institution,  and  every  county  and  city 
shall  so  pay  every  employee  who  is  engaged  in  its  business 
the  wages  or  salary  earned  by  him,  unless  such  mechanic, 
workman,  laborer  or  employee  requests  in  writing  to  be  paid 
in  a  different  maimer;  and  every  town  shall  so  pay  each 
emj)loyee  in  its  business  if  so  re(iuirt'd  by  him;  but  an 
employee  who  is  ab.scnt  from  his  regular  ])lace  of  labor  at 
a  time  fixed  for  payment  shall  be  paid  thereafter  on  demand. 
The  provisions  of  this  section  shall  not  apply  to  an  emj)loyee 


Acts,  1911.  — Chaps.  209,  210.  157 

of  a  co-operative  corporation  or  association  if  he  is  a  stock- 
holder therein  unless  he  requests  such  corporation  to  pay 
him  weekly.  The  board  of  railroad  commissioners,  after  a 
hearing,  may  exempt  any  railroad  corporation  from  paying 
weekly  any  of  its  employees  if  it  appears  to  the  board  that 
such  employees  prefer  less  frequent  payments,  and  that 
their  interests  and  the  interests  of  the  public  will  not  suffer 
thereby.  No  corporation,  contractor,  person  or  partner- 
ship shall  by  a  special  contract  with  an  employee  or  by  any 
other  means  exempt  himself  or  itself  from  the  provisions 
of  this  and  the  following  section.  Whoever  violates  the  Penalty, 
provisions  of  this  section  shall  be  punished  by  a  fine  of  not 
less  than  ten  nor  more  than  fifty  dollars. 

Ayyroved  March  28,  1911. 

An  Act  to  authorize  the  city  of  boston  to  grant  a  ChaiJ.^Od 

PENSION  TO   E.    BRADFORD   GAY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     For  the  purpose  of  promoting  the  spirit  of  Boston  m°fy 
loyalty  and  patriotism,  and  in  recognition  of  the  sacrifice  f-^^l^^^"^' 
made  both  for  the  commonwealth  and  for  the  United  States,  Bradford  Gay. 
and  as  a  testimonial  for  most  meritorious  service  such  as 
the  commonwealth  may  rightly  give  and  such  as  her  sons 
may  honorably  accept  and  receive,  and  in  consideration  of 
faithful  services  rendered  to  the  city  of  Boston,  the  said 
city  is  hereby  authorized,  by  vote  of  its  city  council  approved 
in  writing  by  the  mayor,  to  place  E.  Bradford  Gay,  a  veteran 
of  the  civil  war,  and  late  master  of  the  Warren  grammar 
school  of  the  city  of  Boston,  upon  the  pension  roll  of  the 
city  at  a  pension  not  exceeding  fifty  dollars  a  month. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  28,  1911. 

An  Act  relative  to  vacations  of  members  of  police  (7Aa/?.210 

DEPARTMENTS,    EXCEPT   IN  THE   CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Members  of  the  police  department  of  every  vacations  of 
city  and  town  which  shall  accept  this  act  as  hereinafter  police  de- 
provided,  except  the  city  of  Boston,  shall  be  excused  from  p^^*™""^^- 
duty  for  one  day  out  of  every  fifteen  days,  without  loss  of 
pay.     The  time  and  the  manner  of  excusing  members  of 
police  departments  from  duty,  in  accordance  with  the  pro- 


158 


Acts,  1911.  — Chap.  211, 


Time  of 
taking  vaca- 
tions, etc. 


Time  of 
taking  effect. 


visions  of  this  act,  shall  be  determined  by  the  chief,  super- 
intendent or  other  officer  or  board  at  the  head  of  the  police 
department.  A  member  so  excused  shall  be  exempt  from 
duty  and  from  attendance  at  a  police  station  or  other  place, 
but  otherwise  shall  be  subject  to  all  laws,  rules  and  regula- 
tions relating  to  members  of  the  department  to  which  he 
belongs. 

Section  2.  The  chief,  superintendent  or  other  officer  or 
board  at  the  head  of  the  police  department  of  any  cit}'  or 
town,  except  the  city  of  Boston,  shall  have  authority,  in 
case  of  an}^  public  emergency,  or  of  any  unusual  demand 
for  the  services  of  the  police  in  that  city  or  town,  to  prevent 
any  member  of  the  department  from  taking  the  day  off 
herein  provided  for  at  the  time  when  he  is  entitled  thereto, 
or  at  the  time  assigned  therefor,  provided  that  such  day  off 
shall  be  granted  to  him  as  soon  thereafter  as  is  practicable. 
In  no  case  shall  the  number  of  such  days  off  be  less  than 
twenty-four  in  each  calendar  year,  and  they  shall  be  in 
addition  to  any  annual  vacation  now  or  hereafter  allowed 
to  members  of  the  said  departments,  and  such  annual  vaca- 
tion shall  not  be  diminished  on  account  of  the  davs  off 
herein  provided  for. 

Section  3.  This  act  shall  take  effect  in  any  city  upon 
its  acceptance  by  the  mayor  and  city  council  or  correspond- 
ing board  of  the  city,  and  in  any  town  upon  its  acceptance 
by  the  selectmen  of  the  town. 

Ajwoved  March  28,  1011. 


Ckap.2 


1008,  590, 
§  36, 
amended. 


11  An  Act  to  authorize  savings  banks  to  receive  deposits 

FROM   school   children. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty-six  of  chapter  five  hundred  and  ninety  of 
the  acts  of  the  year  nineteen  hundred  and  eight  is  hereby 
amended  by  inserting  after  the  word  "gi\en",  in  the  thir- 
teenth line,  the  following:  —  provided,  however,  that,  in  order 
to  encourage  saving  among  the  children  in  the  schools  of 
this  connnonwcalth,  the  corjxjration  may,  with  the  written 
consent  of  and  under  regulations  a])proved  by  the  com- 
missioner and,  in  the  case  of  public  schools,  by  the  commis- 
sioner and  the  school  committee  in  the  city  or  town  in  which 
the  school  is  situated  arrange  for  the  collection  of  saving.s 
from  the  school  children  by  the  principal  or  teachers  of 
such  schools  or  by  collectors.     All  moneys  so  collected  shall 


Acts,  1911.  — Chap.  211.  159 

be  entered  on  an  individual  deposit  card  furnished  by  the 
corporation,  but  the  total  collections  received  by  the  cor- 
poration from  any  one  principal  or  teacher  may  be  entered 
in  the  name  of  such  principal  or  teacher  as  trustee.  When, 
however,  the  amoinit  deposited  by  any  one  pupil  and  credited 
on  the  deposit  card  equals  the  minimum  amount  upon  which 
interest  is  allowed  the  corporation  shall  issue  a  pass  book  to 
such  pupil  and  thereafter,  when  the  amount  deposited  by 
the  pupil  and  credited  on  the  deposit  card  equals  the  sum 
of  one  dollar,  it  shall  be  transferred  to  the  deposit  book  by 
the  corporation.  The  principal,  teacher  or  person  author- 
ized by  the  corporation  to  make  collections  from  the  school 
children  shall  be  deemed  to  be  the  agent  of  the  corpora- 
tion and  the  corporation  shall  be  liable  to  the  pupil  for  all 
deposits  made  with  such  principal,  teacher  or  other  person 
and  entered  upon  the  deposit  card,  the  same  as  if  the  deposit 
were  made  by  the  pupil  directly  with  the  corporation,  — 
so  as  to  read  as  follows:  —  Section  36.  Such  corporation  riateof 
shall  carry  on  its  usual  business  at  its  banking  house  only,  busme^f,  etc. 
and  a  deposit  shall  not  be  received  or  payment  on  account 
of  deposits  be  made  by  the  corporation  or  by  a  person  on 
its  account  in  any  other  place  than  at  its  banking  house, 
which  shall  be  in  the  city  or  town  in  which  the  corpora- 
tion is  established;  except  that  the  corporation  may,  with 
the  written  permission  of  and  under  regulations  approved 
by  the  commissioner,  maintain  and  establish  one  or  more 
branch  offices  or  depots,  for  the  receipt  of  deposits  only,  in 
the  city  or  town  in  which  its  banking  house  is  located,  or  in 
towns  not  more  than  fifteen  miles  distant  therefrom  in  which 
there  is  no  savings  bank  at  the  time  when  such  permission 
is  given:  lyrouded,  however,  that,  in  order  to  encourage  sav-  Proviso, 
ing  among  the  children  in  the  schools  of  this  commonwealth, 
the  corporation  may,  with  the  written  consent  of  and  under 
regulations  approved  by  the  commissioner  and,  in  the  case 
of  public  schools,  by  the  commissioner  and  the  school  com- 
mittee in  the  city  or  town  in  which  the  school  is  situated 
arrange  for  the  collection  of  savings  from  the  school  children 
by  the  principal  or  teachers  of  such  schools  or  by  collectors. 
All  moneys  so  collected  shall  be  entered  on  an  individual 
deposit  card  furnished  by  the  corporation,  but  the  total  col- 
lections received  by  the  corporation  from  any  one  principal 
or  teacher  may  be  entered  in  the  name  of  such  principal  or 
teacher  as  trustee.  When,  however,  the  amount  deposited 
by  any  one  pupil  and  credited  on  the  deposit  card  equals 


IGO 


Acts,  1911.  — Chap.  212. 


the  minimum  amount  upon  which  interest  is  allowed  the 
corporation  shall  issue  a  pass  book  to  such  pupil  and  there- 
after, when  the  amount  deposited  by  the  pupil  and  credited 
on  the  deposit  card  equals  the  sum  of  one  dollar,  it  shall 
be  transferred  to  the  deposit  book  by  the  corporation.  The 
principal,  teacher  or  person  authorized  by  the  corporation 
to  make  collections  from  the  school  children  shall  be  deemed 
to  be  the  agent  of  the  corporation  and  the  corporation  shall 
be  liable  to  the  pupil  for  all  deposits  made  with  such  prin- 
cipal, teacher  or  other  person  and  entered  upon  the  deposit 
card,  the  same  as  if  the  deposit  were  made  by  the  pupil 
directly  with  the  corporation.  The  annual  meeting,  and 
meetings  of  the  trustees  or  board  of  investment  of  such 
corporation,  may  be  held  at  any  place  in  the  city  or  town 
in  which  its  banking  house  is  located. 

Apjjwrcd  March  28,  1911. 


Chap.'2iV2i       An  Act  relative  to  exceptions  in  civil  causes. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  hundred  and  six  of  chapter  one 


R.  L.  173, 
§  106,  etc., 
amended. 


Exceptions, 
etc. 


hundred  and  seventy-three  of  the  Re\ised  Laws,  as  amended 
by  section  three  of  chapter  three  hundred  and  forty -two  of 
the  acts  of  the  }ear  nineteen  hundred  and  six,  is  hereby 
further  amended  by  striking  out  the  words  "except  in 
actions  tried  by  three  justices  of  the  superior  court  under 
the  provisions  of  section  five  of  chapter  one  hundred  and 
fifty-seven",  in  the  seventh,  eighth  and  ninth  lines,  and 
by  striking  out  the  last  sentence  and  inserting  in  j)lace 
thereof  the  words:  —  The  presiding  justice  shall  thereafter, 
ui)on  their  presentation  to  him  by  any  party  to  the  action, 
examine  the  exceptions,  and  after  hearing  the  j^arties,  deter- 
mine whether  they  are  conformable  to  the  truth.  The 
exce})ting  i)arty  may  be  allowed  to  make  such  amendments 
to  his  bill  of  exceptions  as  will  make  it  a  more  accmate 
statement  of  the  exceptions  originally  filed  by  him.  If  the 
I)residing  justice  finds  that  the  exceptions,  with  any  amend- 
ments thereof  thus  allowed,  are  conformable  to  the  truth, 
he  shall  allow  them,  —  so  as  to  read  as  follows:  —  Section 
KM).  Excei)tioiis  may  be  alleged  by  any  ])arty  who  is 
aggrieved  by  an  oi)iiiion,  ruling,  direction  or  judgment  of 
the  supreme  judicial  court  or  of  the  superior  coiu't  which 
is  rendered  upon  any  matter  of  law  in  any  civil  cause,  accord- 


Acts,  1911.  — Chap.  213.  161 


ing  to  the  course  of  the  common  law  or  otherwise,  tried  by 
a  jury  or  heard  by  the  court,  or  upon  a  motion  for  a  new 
trial.  The  exceptions  shall  be  reduced  to  writing  and  filed 
with  the  clerk,  and  notice  thereof  shall  be  given  to  the  adverse 
party,  in  civil  cases  tried  by  a  jury,  within  twenty  days  after 
the  verdict  is  rendered,  and  in  cases  tried  without  a  jury, 
within  twenty  days  after  the  notice  of  the  decision  has  been 
received,  unless  further  time  is  allowed  by  the  court.  The 
presiding  justice  shall  thereafter,  upon  their  presentation  to 
him  by  any  party  to  the  action,  examine  the  exceptions,  and 
after  hearing  the  parties,  determine  whether  they  are  con- 
formable to  the  truth.  The  excepting  party  may  be  allowed 
to  make  such  amendments  to  his  bill  of  exceptions  as  will 
make  it  a  more  accurate  statement  of  the  exceptions  origi- 
nally filed  by  him.  If  the  presiding  justice  finds  that  the 
exceptions,  with  any  amendments  thereof  thus  allowed,  are 
conformable  to  the  truth,  he  shall  allow  them. 

Section  2.  If  an  excepting  party,  in  any  civil  cause  in  Exceptions 
which  exceptions  may  be  alleged,  shall  not  within  such  time  mi^s^sed,  etc. 
after  the  filing  of  his  exceptions  as  the  court  may  determine 
to  be  reasonable  thus  i^resent  them  to  the  court  for  allowance, 
the  court  in  which  the  exceptions  were  taken  and  filed  may, 
after  notice  to  all  parties  interested,  order  them  to  be  dis- 
missed, and  thereupon  proceed  to  enter  judgment  in  the 
same  manner  as  if  no  exceptions  had  been  filed.  But  no 
exceptions  shall  thus  be  dismissed  within  three  months  after 
the  date  of  their  filing. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

/Approved  March  28,  1911. 


An  Act  relative  to  the  powers  and  authority  of  the  (77i«w.213 

WATER    commissioners    OF    THE    TOWN    OF    REVERE. 

Be  it  enacted,  etc.,  as  folloivs: 
Section  1.     The   water   commissioners   of   the   town   of  fut^ortty"f 


Revere,  elected  under  authority  of  chapter  four  hundred  thewateV 

coiuniissio] 

and  fifty-seven  of  the  acts  of  the  year  nineteen  hundred  ersofthe 
and  four,  may  expend  out  of  the  money  paid  for  the  use  of  R^ere. 
water  a  sum  not  exceeding  five  thousand  dollars  in  any 
one  year  for  new  construction. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  28,  1911. 


162  Acts,  1911.  — Chaps.  214,  215,  216. 


(7Aap.214  An  Act  to  authorize  the  board  of  railroad  commis- 
sioners TO  employ  the  engineer  of  grade  crossings 

APPOINTED   BY  THE  ATTORNEY-GENERAL. 

Be  it  enacted,  etc.,  as  follows: 

?idhoad  com-  The  board  of  railroad  commissioners  is  hereby  authorized 
m'rve'nTlov  ^^  employ  the  engineer  of  grade  crossings  a|)i)ointed  under 
thccngineer  tlic  provisious  of  scction  onc  of  chapter  three  hundred  and 
crosl'ings,  etc.  scventy-two  of  the  acts  of  the  year  nineteen  hundred  and 
eight,  upon  engineering  work,  to  such  extent  as  the  board 
Proviso.  may  deem  expedient:  provided,  however,  that  such  emj^loy- 

ment  shall  not  interfere  with  the  duties  required  of  said 
engineer  by  said  section.  The  board  shall  determine  the 
cost  of  such  services  upon  the  basis  of  the  annual  compen- 
sation received  by  the  said  engineer  under  the  provisions 
of  the  said  section,  and  shall  pay  to  him  the  amount  so 
determined,  which  amount  shall  be  deducted  from  such 
annual  compensation.  Approved  March  28,  1011. 

Chaj).215         An  Act  to  forbid  trapping  with  scented  bait. 

Be  it  enacted,  etc.,  as  follows: 

topping^  Every  person  who  shall  set,  place  or  locate  a  tvn\)  or  snare 

]^^||»  s<=ente(i  Qf  g^jjy  ]^iYi(\  with  scent,  so-called,  or  scented  bait  upon  or 
near  the  premises  of  another,  without  the  consent  of  the 
owner  or  occupant  of  said  ]:)remises,  shall,  upon  convic- 
tion, be  i)unishcd  for  each  offence  by  a  fine  of  not  more 
than  fifty  dollars  or  by  imprisonment  for  not  more  than 
thirty  days,  or  by  both  such  fine  and  imprisonment. 

Approved  March  28,  1911. 


Chap.^Xi)  An  Act  relative  to  the  punishment  for  embezzlement. 

Be  it  enacted,  etc.,  as  follows: 

R.L.208,  Section  1.     Section  forty-four  of   chapter  two  hundred 

amended.  jjud  ciglit  of  tlic  Rcviscd  Laws  is  hereby  amendetl  by  strik- 
ing out  the  word  "ten",  in  the  eighth  line,  and  inserting  in 
j)lace  thereof  the  word:  —  fifteen,  —  by  striking  out  tin*  word 
"one",  in  the  ninth  line,  and  inserting  in  ])la('e  thereof  the 
word:  —  two,  —  and  by  striking  out  the  word  "two",  in 
the  tenth  line,  and  inserting  in  place  thereof  the  word:  — 


Acts,  1911.  — CuArs.  217,  218.  163 

four,  —  so  as  to  read  as  follows ;  —  Section  44-     An  officer  Penalty  for 
of  an  incorporated  bank,  or  a  person  in  the  employment  convertfng'^ 
of  such  bank,  who  fraudulently  converts,  or  fraudulently  ^ank^'efc"^* 
takes  and  secretes  with  intent  so  to  do,  any  bullion,  money, 
note,  bill  or  other  security  for  money  which  belongs  to  and 
is  in  possession  of  such  bank,  or  which  belongs  to  any  person 
and  is  deposited  therein,  shall,  whether  intrusted  with  the 
custody  thereof  or  not,  be  guilty  of  larceny  in  said  bank, 
and  shall  be  punished  by  imprisonment  in  the  state  prison 
for  not  more  than  fifteen  years  or  by  a  fine  of  not  more 
than  two  thousand  dollars  and  imprisonment  in  jail  for  not 
more  than  four  years. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  28,  1011. 

An  Act  relative  to  the  colonizing  of  insect-destroy-  Chap,217 

ING    BIRDS   WITHIN    INFESTED    REGIONS. 

Be  it  enacted,  etc.,  as  follows: 

The   commissioners    on   fisheries   and   game   are   hereby  investigation 


s 


authorized  to  make  an  investigation  of  the  means  by  which  des'tro^in 
those  birds  which  feed  upon  gypsy  moths,  brown  tail  moths,  ^^^^^'  ^^''■ 
leopard  moths,  cut  worms,  and  other  noxious  insects,  can 
be  increased  or  colonized  within  infested  regions  or  in  special 
locations.  Approved  March  28,  1911. 

An  Act  to  require  the  state  board  of  health  to  make  (JJi^y  218 

ANALYSES    OF    PAINT,    TURPENTINE    AND    LINSEED    OIL    IN  '^ 

CERTAIN   CASES. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  state  board  of  health  shall  make,  free  Analyses  of 
of  charge,  a  chemical  analysis  of  paint,  turpentine  or  linseed  pentine"etc. 
oil,  or  any  synthetic  substitute  for  any  of  the  said  articles, 
or  any  preparation  containing  the  same,  when  submitted  to 
it  by  the  chief  of  the  district  police;  and  the  board  shall 
furnish  to  the  said  chief  a  certificate  of  the  analysis,  which 
shall  be  prima  facie  evidence  of  the  composition  and  quality 
of  the  material  so  analyzed. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  28,  1011. 


164 


Acts,  1911.  —  Ciiaps.  219,  220. 


CompletiiiK 
and  furnish- 
ing a  build- 
ing for  the 
district  court 
of  East 
Norfolk. 


The  county 
of  Norfolk 
may  borrow 
money,  etc. 


Chap.2Vd  An  Act  to  provide  for  completing  and  furnishing  a 

BUILDING    AT    QUINCY    FOR   THE    DISTRICT    COURT    OF    EAST 
NORFOLK. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purposes  mentioned  in  chapter  four 
hundred  and  seventy-seven  of  tlie  acts  of  the  year  nineteen 
hun(h-ed  and  ten,  and  for  the  further  purpose  of  furnishing 
the  building  to  be  erected  under  the  provisions  of  said  chap- 
ter, the  county  commissioners  of  the  county  of  Norfolk 
may  expend  a  sum  not  exceeding  twenty  thousand  dollars, 
in  addition  to  that  already  authorized  by  said  chapter  four 
hundred  and  seventy-seven. 

Section  2.  In  order  to  meet  the  expenses  incurred  by 
the  county  under  this  act,  the  county  commissioners  may 
borrow  from  time  to  time,  upon  the  credit  of  the  county, 
a  sum  not  exceeding  twenty  thousand  dollars,  at  a  rate  of 
interest  not  exceeding  four  per  cent  per  annum.  This  in- 
debtedness shall  be  paid  out  of  amoinits  received  for  taxes, 
at  the  rate  of  not  less  than  four  thousand  dollars  each  year, 
beginning  one  year  after  said  intlebtedness  is  incurred. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  28,  1911. 

Cha2).220  An  Act  to  provide  for  the  appointment  of  an  inspector 
OF  apiaries  and  for  the  suppression  of  infectious 
or  contagious  bee  diseases. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  state  board  of  agriculture  shall  annually 
api)oint  some  j)erson  qualified  by  scientific  training  and 
practical  experience  in  bee  keeping  to  be  state  insj)ector  of 
apiaries,  who  shall  be  responsil)le  to  said  board  for  the  per- 
formance of  his  duties  under  this  act,  and  may  be  removed 
from  office  by  said  board  for  neglect  of  duty  or  malfeasance 
in  office.  The  inspector  of  apiaries,  witii  the  ai)proval  of 
said  board,  may  a])point  such  deputies,  not  exceeding  three, 
as  he  may  deem  necessary.  The  inspector  and  each  of  his 
dei)uties  shaU  receive  five  dollars  for  eaeh  day  of  service 
actually  ren<lered  under  this  act  and  the  amount  of  the 
travelling  and  other  necessary  exj)enses  incin-red  in  the  said 
service. 

Skction  2,  It  shall  bo  the  duty  of  the  inspector  of  ai)i- 
aries  to  ])repare  and  distribute  from  time  to  time  such  litera- 


Inspcctor  of 
apiaries, 
appointment, 
etc. 


Duties  of  the 

inspector, 

etc. 


Acts,  1911.  — Chap.  220.  105 

ture  upon  the  subject  of  bee  culture,  with  the  approval  of 
the  state  board  of  agriculture,  as  may  be  deemed  advisable. 
He  shall  also  annually  make  or  cause  to  be  made  through 
his  deputies  such  inspection  of  the  apiaries  throughout  the 
state  as  may  be  deemed  necessary  to  discover  and  suppress 
all  bee  diseases  of  a  contagious  nature,  and  he  shall  have 
authority,  with  the  approval  of  said  board,  to  make  and  issue 
reasonable  regulations  for  carrjdng  out  the  provisions  of 
this  act. 

Section  3.  No  person  shall  keep  a  colony  of  bees  affected  {^ee^iroiSj- 
witli  the  disease  known  as  foul  brood,  black  brood,  or  with  itedincer- 
any  other  infectious  or  contagious  disease  harmful  to  honey  etc 
bees  in  the  egg,  larval,  pupal  or  adult  stage,  except  as  pro- 
vided by  section  four  of  this  act;  and  every  bee  keeper,  when 
he  becomes  aware  of  the  existence  of  such  a  disease  among 
his  bees,  shall  at  once  notify  the  inspector  of  apiaries  of  the 
existence  of  the  same.  Any  person  wdio,  knowing  that  a 
contagious  or  infectious  disease  exists  among  his  bees,  sells, 
barters  or  gives  away,  or  in  any  other  way  disposes  of  the 
same  in  whole  or  in  part,  or  any  product  of  the  same,  or  any 
hive,  super,  frame,  section  or  other  appliance  used  about 
the  diseased  bees,  in  such  manner  as  to  cause  the  spread 
of  the  disease,  shall,  upon  conviction  before  a  court  or  jus- 
tice, be  liable  to  the  penalties  named  in  section  nine  of  this 
act. 

Section  4.     The  inspector  of  apiaries  shall,  upon  the  dis-  Diseased 
covery  of  foul  brood,  black  brood  or  other  infectious  or  con-  ]Im  in  quar- 
tagious  disease,  send  to  the  owner  of  the  diseased  bees  an  «"'■"'''  etc. 
order  in  writing  that  such  bees  shall  be  held  in  quarantine 
until  such  time  as  the  same  are  released  by  a  written  permit 
from  the  inspector  of  apiaries,  and  bees  so  placed  in  quar- 
antine shall  not  be  removed  from  the  premises  of  the  owner 
under  the  penalties  named  in  section  nine  of  this  act. 

Section  5.  Upon  the  discovery  of  a  case  of  foul  brood,  ["treatment 
black  brood,  or  other  infectious  or  contagious  disease  in  any  of  diseased 
apiary  or  colony,  the  inspector  of  apiaries  or  his  deputies 
shall  give  such  instructions  to  the  owner  or  caretaker  thereof 
as  to  the  treatment  of  the  diseased  colonies  as  may  be  neces- 
sary. If  upon  subsequent  inspection  the  disease  is  still  found 
to  exist  in  the  apiary  or  colony,  the  inspector  of  apiaries  or 
his  deputies  may  cause  the  diseased  colonies  to  be  destroyed 
in  such  manner  as  to  prevent  the  spread  of  the  disease. 

Section  6.     No  colony  of  bees  shall  be  shipped  or  trans-  Regulations 
ported  into  the  state  for  delivery  to  any  consignee  residing  shi'pp^ngM 


166 


Acts,  1911.  — Chap.  220. 


transporta- 
tion of  bees, 
etc. 


Inspector, 
etc.,  to  liMve 
access  to 
I)liices  where 
bees  are  kept. 


Record  to  bo 
kept  of  apuiries 
visited. 


Penalties. 


within  the  state  from  any  state  or  foreign  country  having 
an  inspector  of  apiaries  or  other  officer  charged  with  the  duties 
commonly  performed  by  an  inspector  of  apiaries,  unless  said 
colony  be  accompanied  by  a  certificate  in  writing  from  such 
officer,  stating  that  he  has  inspected  said  colony  and  that 
it  is  free  from  infectious  or  contagious  diseases.  AVhenever 
a  colony  of  bees  shall  be  shipped  or  transported  into  the  state 
from  any  state  or  foreign  country  not  ha\ing  an  inspector 
of  apiaries  or  other  officer  charged  with  the  duties  commonly 
performed  by  an  inspector  of  apiaries,  the  consignee  shall, 
upon  the  receipt  of  said  colony,  forthwith  notif\'  the  state 
inspector  of  apiaries  of  its  receipt  and  the  state  inspector 
of  apiaries  shall  forthwith  inspect  the  same.  No  trans- 
portation company  or  common  carrier  shall  accept  for  trans- 
portation into  the  state  or  shall  deliver  any  colony  of  bees 
from  a  state  or  foreign  country  haA'ing  an  inspector  of  api- 
aries, or  other  officer  charged  with  the  duties  commonly 
performed  by  an  inspector  of  apiaries,  to  any  consignee 
residing  within  the  state,  unless  such  colony  is  accompanied 
by  a  certificate  of  inspection  as  heretofore  provided.  No 
common  carrier  shall  1)6  liable  for  damages  to  the  consignee 
or  consignor  for  refusing  to  receive,  transport  or  deliver  such 
a  colony  when  not  accompanied  by  a  certificate  of  insjjection 
as  above  provided.  Nothing  in  this  section  shall  be  construed 
to  prevent  the  transportation  or  deli^■ery  of  queen  bees  when 
not  accompaTiied  by  brood  or  comb. 

Section  7.  For  the  purpose  of  enforcing  this  act  the 
inspector  of  apiaries  or  his  deputies  shall  have  access,  ingress 
and  egress  to  and  from  all  i)laces  where  bees,  bee  products 
or  supplies  or  appliances  used  in  apiaries  are  kept. 

Section  8.  The  inspector  of  apiaries  shall  keep  a  detailed 
record  of  the  number  and  location  of  all  aj)iaries  visitetl  by 
him  or  his  deputies,  the  number  and  location  of  all  colonies 
found  diseased  and  the  treatment  thereof,  and  the  ex})eiidi- 
ture  incurred  in  the  performance  of  his  duties.  He  slciU 
report  to  the  state  ])oar<l  of  agriculture  annually,  and  at 
such  other  times  as  the  board  may  re(|uest,  and  his  aiuuial 
rei)ort  shall  be  ])ublishe(l  in  the  annual  report  of  the  stnte 
board  of  agriculture. 

Section  9.  Any  person  convicted  of  the  violation  of  any 
provision  of  this  act  shall  be  subject  to  a  fine  not  exceeding 
ten  dollars  for  the  first  ollVnce,  to  a  fine  not  exceeding  twenty- 
five  dollars  for  the  second  offence,  and  to  a  fine  not  exceed- 
ing fifty  doliiirs  for  any  sul).se(|uent  oflcnce. 


Acts,  1911.  — Chap.  221.  167 

Section  10.     A  sum  not  exceeding  two  thousand  dollars  Rxpendi- 
may  annually  be  expended  by  the  state  board  of  agriculture  *"'^''''' 
in  carrying  out  the  provisions  of  this  act. 

Section  11.     This  act  shall  take  effect  upon  its  passage. 

A  Improved  March  28,  1011. 

An  Act  to  authorize  the  town  of  wintiirop  to  extend  Ckap.221 

AND   improve   its   SYSTEM   OF  SEWERAGE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  town  of  Winthrop  is  hereby  authorized  winihro"*to 
to  lay  out,  construct,  maintain  and  operate  a  system  or  e^'end  and 

!>  ^  IIP-         improve  lis 

systems  oi  common  sewers  tor  a  part  or  the  whole  or  its  system  of 
territory,  with  such  connections  and  other  works  as  may  ^^^^^^^'^' 
be  required  for  a  system  of  sewerage  and  sewage  disposal, 
and  to  extend,  enlarge,  improve  and  repair  its  present  sewer- 
age system;  and,  for  the  purpose  of  providing  better  sur- 
face or  other  drainage,  guarding  against  pollution  of  waters, 
and  otherwise  protecting  the  public  health,  may  lay,  make 
and  maintain  such  main  drains  as  it  deems  best.  For  the 
purposes  aforesaid  the  town  may  within  its  limits,  deepen, 
widen  and  clear  of  obstruction  any  brook,  creek,  stream  or 
water  course,  and  may  straighten  or  alter  the  channels  or 
divert  the  waters  thereof,  and  may  lay,  make  and  maintain 
sub-drains,  and,  with  the  approval  of  the  state  board  of 
health,  discharge  the  water  into  any  brook,  stream,  or  water 
course  within  the  town. 

Section  2.     The  board  of  selectmen  shall  also  be  the  Board  of 

lip  ••  o'lii  1  1  sewer  com- 

board  oi  sewer  commissioners.  Said  board  may  lay,  make,  missioners. 
maintain  and  repair  all  such  common  sewers  and  main  drains 
as  it  shall  adjudge  necessary  for  the  public  health  or  con- 
venience, and  shall  have  sole  charge  of  the  construction  of 
the  system  of  sewerage  and  sewage  disj^osal  authorized  by 
chapter  two  hundred  and  sixty  of  the  acts  of  the  year  eight- 
een hundred  and  eighty-eight,  and  of  any  extension,  enlarge- 
ment, improvement,  repair  and  maintenance  of  said  system 
or  of  any  system  of  sewerage  heretofore  constructed  or  here- 
after adopted  by  said  town.  All  the  powers  and  authority 
granted  to  the  town  of  Winthrop  by  this  act  or  by  said 
chapter  two  hundred  and  sixty,  and  not  otherwise  specially 
provided  for,  shall  be  vested  in  said  board  of  sewer  com- 
missioners 

Section  3.     vSaid  board  of  sewer  commissioners,  acting  in  Powers  of 
behalf  of  the  town,  shall  have  power  to  take,  or  acquire  by     ^  ^'"^^  ' 


168 


Acts,  1911.  — Chap.  221. 


Provisos. 


Taking  of 
lands,  etc. 
be  recorded, 
etc. 


to 


piirch<ase  or  otherwise,  any  lands  or  flats  in  fee  and  any  water 
rights,  rights  of  way  and  easements  in  said  town,  pubhc  or 
private,  necessary  for  any  of  the  purposes  mentioned  in  this 
act,  and  may  construct  within  the  town  main  drains  and 
sewers  under  or  over  any  flats,  water  course,  bridge,  aque- 
duct, conduit,  railroad,  railway  or  other  way,  or  within  the 
location  of  any  railroad  or  railway,  and  may  enter  upon  and 
dig  up  any  private  land,  street,  highway,  or  other  way,  or 
railroad  or  railway  location,  for  the  purpose  of  laying  main 
drains  and  sewers,  and  of  maintaining  and  repairing  the 
same,  and  may  do  any  other  thing  necessary  or  proper  for 
the  purposes  of  this  act:  provided,  hotvever,  that  said  board 
shall  not  take  in  fee  any  land  of  a  railroad  corporation,  and 
that  it  shall  not  enter  upon  or  construct  any  drains  or  sewers 
within  the  location  of  any  railroad  corporation,  except  at 
such  time  and  in  such  manner  as  it  may  agree  upon  with 
such  corporation,  or,  in  case  of  failure  to  agree,  as  may  be 
approved  by  the  board  of  railroad  commissioners;  yrorided, 
ahu,  that  said  board  shall  not  take  any  land  or  rights  in  land 
of  the  commonwealth  known  as  Winthrop  Shore  Reserva- 
tion, nor  enter  upon  or  construct  any  drains  or  other  works 
within  said  land  of  the  commonwealth,  except  at  such  time 
and  in  such  manner  as  may  be  agreed  upon  with  the  common- 
wealth acting  through  such  board  or  authority  as  may  for 
the  time  being  have  the  care  and  control  of  saitl  land. 

Section  4.  Said  board,  in  order  to  take  any  lands  or 
flats  in  fee,  water  rights,  rights  of  way  or  easements  other- 
wise than  by  purchase  or  agreement,  shall  cause  to  be  recorded 
in  the  registry  of  deeds  for  the  county  of  SufTolk  a  statement 
signed  by  a  majority  of  the  board,  containing  a  description 
thereof  as  certain  as  is  required  in  a  conveyance  of  land,  and 
specifying  that  the  same  are  taken  under  authority  of  this 
act,  and  upon  such  recording  the  title  to  the  lands,  flats, 
water  rights,  rights  of  way  or  easements  described  in  such 
statements  shall  vest  in  the  town  of  Winthro]i  which  shall 
pay  all  damages  therefor  and  all  other  damages  sustained 
by  any  person  or  corporation  through  any  action  of  said 
board  under  this  act.  Said  board  at  the  time  of  such  tak- 
ing shall  notify  the  owners  thereof  in  writing,  and  may  agree 
with  any  j)erson  or  corporation  injured  hereunder  upon  the 
damages  sustained  ])y  snch  ]ierson  or  corporation;  ;ind,  if 
the  damages  are  not  agreed  upon,  a  jnry  in  the  sui)erior 
court  for  said  county  may  be  had  to  determine  the  same, 
ui)on  petition  of  either  party,  in  the  manner  i)roAided  by  law 


Acts,  1911.  — CiiAr.  221.  169 

for  detorminlno,-  tlie  damages  for  land  taken  for  the  laying 
out  of  highways;  but  in  tlie  case  of  a  taking  no  suit  or  peti- 
tion shall  he  brought  after  the  expiration  of  one  year  from 
the  date  of  the  recording  of  the  taking  as  herein  provided; 
and  in  all  other  cases  no  suit  or  petition  shall  be  brought  after 
the  expiration  of  one  year  from  the  time  when  the  cause  of 
action  accrues.  The  owners  of  any  parcel  of  land,  to  whom 
notice  is  herein  required  to  be  given,  may  be  taken  for  the 
purposes  of  this  act  to  be,  respectively,  the  owners  of  record 
of  any  parcel  two  weeks  before  the  date  of  the  filing  of  the 
said  statement. 

Section  5.  In  every  case  of  a  petition  for  the  assess-  Damages. 
ment  of  damages  or  for  a  jury,  the  town  may,  at  any  time, 
in  writing,  offer  to  be  defaulted  and  that  damages  may  be 
awarded  against  it  for  a  sura  therein  expressed,  and  if  the 
petitioner  does  not  accept  said  sum  with  his  costs  up  to 
that  time,  but  proceeds  with  his  suit,  and  does  not  finally 
recover  a  sum  greater  than  that  offered,  not  including  inter- 
est from  the  date  of  the  offer  on  the  sum  so  recovered,  the 
town  shall  recover  costs  from  the  date  of  such  notice,  for 
which  execution  shall  issue,  and  the  petitioner,  if  he  recovers 
damages,  shall  be  entitled  to  costs  only  to  the  said  date. 

Section  6.  The  town  of  Winthrop,  for  the  purpose  of  S'^er™e 
paying  the  necessary  expenses  and  liabilities  incurred  under  Loan,  Act 
this  act,  may  incur  indebteflness  to  an  amount  not  exceed- 
ing one  hundred  thousand  dollars,  and  may  issue  from  time 
to  time  therefor  bonds  or  notes.  Such  bonds  or  notes  shall 
bear  on  their  face  the  words,  Winthrop  Sewerage  Loan,  Act 
of  1911,  shall  be  payable  within  periods  not  exceeding  thirty 
years  from  the  dates  of  issue,  and  shall  bear  interest,  payable 
semi-annually,  at  a  rate  not  exceeding  foiu'  per  cent  per 
annum.  They  shall  be  signed  by  the  treasurer  of  the  town 
and  countersigned  by  a  majority  of  the  selectmen.  The 
town  may  from  time  to  time  sell  such  securities,  or  any  part 
thereof,  at  public  or  private  sale,  but  they  shall  not  be  sold 
for  less  than  their  par  value.  The  proceeds  shall  be  retained 
in  the  treasury,  and  the  treasurer  shall,  upon  the  order  of 
said  board  of  commissioners,  pay  therefrom  the  expenses 
incurred  for  the  purposes  aforesaid. 

Section  7.     The  town  shall,  at  the  time  of  authorizing  Payment  of 
the  said  loan  or  any  part  thereof,  provide  for  the  payment   '"*°' 
thereof  in  such  annual  payments  as  will  extinguish  the  same 
within  the  time  prescribed  by  this  act;  and  when  a  vote  or 
votes  to  that  effect  have  been  passed  the  amount  required 


170 


Acts,  1911.  — CiiAr.  221. 


Receipts 
from  assess- 
ments, how 
applied. 


Payment  of 
coat  of  sys- 
tem, etc. 

Provisos. 


thereby,  less  the  amount  that  may  be  appropriated  there- 
for, as  provided  in  the  following  section,  shall  without  fur- 
ther vote  be  assessed  by  the  assessors  of  the  town  in  each 
year  thereafter,  in  the  same  manner  in  which  other  taxes 
are  assessed,  until  the  debt  is  extinguished. 

vSection  S.  The  receipts  from  sewer  assessments,  and 
from  payments  made  in  lieu  thereof,  and  the  premiums,  if 
any,  received  from  the  sale  of  bonds  or  notes  issued  under 
authority  of  this  act,  shall  be  applied  by  the  board  of  sewer 
commissioners  toward  defraying  the  costs  of  the  sewer  sys- 
tem or  s^^stems  of  sewerage  and  sewage  disposal. 

Section  9.  The  town  of  Winthrop  shall  by  vote  deter- 
mine what  proportion  of  the  cost  of  said  system  or  systems 
of  sewerage  and  sewage  disposal  said  town  shall  pay:  yro- 
mded,  that  it  shall  not  pay  more  than  one  third  of  the  whole 
cost.  The  remaining  cost  of  said  systems  shall  be  borne  by 
the  owners  of  estates  situated  within  the  territory  embraced 
by  them  and  benefited  thereby,  but  no  estate  shall  be  deemed 
to  be  benefited  until  a  sewer  is  constructed  into  which  it 
can  be  drained.  The  said  board  of  sewer  commissioners 
shall  determine  the  value  of  the  special  lienefit  to  each  of 
the  said  estates,  respectively,  from  the  said  system  of  sewers, 
taking  into  account  all  the  circumstances  of  the  case,  and 
the  proportionate  part  to  be  paid  by  the  owners  of  the  said 
estates,  respectively,  shall  be  based  upon  the  amount  of  the 
special  benefit  to  each  estate,  determined  as  aforesaid.  If 
any  assessment  is  invalid  by  reason  of  error  or  otherwise  it 
may  be  re-assessed  or  abated.  The  provisions  of  law  rela- 
tive to  the  assessment  and  collection  of  betterments  in  the 
case  of  town  ways  shall  apply  to  the  laying  out  and  construc- 
tion of  drains  under  this  act.  The  owners  of  land  or  parts 
thereof  not  liable  to  assessment,  or  not  in  fact  as.sessed, 
may  use  the  common  sewers  for  the  dis])<)sal  of  their  sewage 
from  such  land  but  only  on  the  i)ayment  of  such  reasonable 
amount  or  charge  as  said  board  shall  determine,  which  amount 
or  cliarge  shall  be  a  litMi  on  such  land  and  shall  be  collected 
in  the  manner  provided  in  the  case  of  assessments.  Every 
such  owner  shall,  within  three  months  after  written  notice 
of  such  assessment,  scr\c(l  on  him  or  on  the  occupants  of 
his  estate,  or  sent  by  mail  to  the  last  address  of  said  owner 
known  to  said  commissioners,  pay  the  sum  so  assessed  to 
the  collector  of  taxes  of  said  town:  pron'drd,  that  said  board 
shall  on  the  written  rcfpiest  of  any  such  owner,  made  within 
said  three  months,  ai)porti()n  such  assessment  into  iWc  ecpial 


Acts,  1011.  — CnAr.  221.  171 

parts  or  instalments;  and  said  board  shall  certify  such  ap- 
portionment to  the  assessors  of  the  town,  and  one  of  said 
parts  or  instalments,  with  interest  from  the  date  of  the 
apportionment  at  the  rate  of  six  per  cent  per  annum,  shall 
be  added  by  the  assessors  to  the  annual  tax  on  such  estates 
for  each  year  next  ensuing,  until  all  said  parts  have  so  been 
added,  unless  sooner  paid  as  hereinafter  provided;  and  iwo-  Proviso. 
mled,  further,  that  nothing  herein  contained  shall  be  con- 
strued to  prevent  the  payment  at  any  time  in  one  payment, 
notwithstanding  its  prior  apportionment,  of  any  balance  of 
said  assessments  then  remaining  unpaid,  but  interest  on 
such  balance  at  the  rate  of  six  per  cent  per  annum  shall  be 
paid  to  the  date  of  such  paj-ment,  and  thereupon  the  col- 
lector of  taxes  of  said  town  shall  receive  the  same  and  shall 
certify  such  payment  or  payments  to  the  assessors,  who 
shall  preserve  a  record  thereof. 

SECTioisr  10.  Said  board  may  lay,  make  and  maintain  all  [;^j/"^,^^r 
particular  sewers  and  drains  from  the  common  sewer  or  main  sewers,  etc. 
drain  to  the  street  line,  which  shall  be  the  property  of  the 
town.  The  owner  of  any  land  benefited  thereby  shall  pay 
the  town,  for  the  permanent  privilege  of  using  the  same, 
such  reasonable  amount  as  said  board  may  determine,  which 
may  be  fixed  at  the  estimated  average  cost  of  all  such  par- 
ticular sewers  for  the  territory  for  which  a  system  of  sewers 
has  been  built  or  adopted.  Said  board  may,  upon  request 
of  any  owner  of  land  and  payment  by  him  of  the  actual 
cost  thereof,  construct  a  particular  sewer  from  the  street 
line  to  a  house  or  building,  and  may  require  that  all  such 
particular  sewers  be  laid,  constructed  and  repaired  under 
the  direction  and  inspection  of  said  board,  and  in  accord- 
ance with  its  rules  and  regulations.  Said  board  may  require 
that  an  applicant  for  a  connection  of  his  land  with  a  sewer 
shall  pay  in  advance  an  amount  equal  to  the  estimated  cost 
thereof,  which  shall  be  applied  to  the  payment  of  such  cost 
and  the  balance,  if  any,  shall  be  repaid  to  the  applicant, 
and  no  estate  shall  be  connected  with  a  public  sewer  except 
in  the  manner  prescribed  by  this  act  and  by  the  rules  and 
regulations  of  said  board. 

Section  11.     An  assessment  made  under  the  provisions  Assessments 
of  section  nine  of  this  act  shall  constitute  a  lien  upon  the  a^ifon  upon^ 
estate,  which  shall  continue  for  three  years  after  it  is  made  estates,  etc. 
and  notice  served  as  above  provided,  or,  in  case  of  appor- 
tionment, until  the  expiration  of  two  years  from  the  time 
when  the  last  instalment  is  committed  to  the  collector  of 


172 


Acts,  1911.  — Ciiai>.  221. 


Jury  may 
revise  assess- 
ments, etc. 


Superin- 
tendent, etc. 


Contracts. 


Uulcs  and 

ri'Kiilii<i"ns. 

etc. 


taxes;  antl  said  assessment,  if  not  paid  within  lliree  months 
after  service  of  said  notice,  or,  if  apportioned,  \vithin  three 
months  after  any  part  has  become  due,  may,  together  with 
interest  thereon  at  the  rate  of  six  per  cent  per  annum,  with 
incidental  costs  and  expenses,  be  levied  by  the  collector  by 
sale  of  such  estate,  or  so  much  thereof  as  shall  be  sufficient 
to  discharge  the  assessment  and  interest  and  intcr\ening 
charges.  Such  sale  and  all  proceedings  connected  there- 
with shall  be  conducted  in  the  same  manner  as  sales  for 
the  non-payment  of  taxes;  and  real  estate  so  sold  may  be 
redeemed  the  same  as  if  sold  for  the  non-payment  of  taxes, 
and  in  the  same  manner.  Such  assessments  or  parts  thereof 
may  also  be  collected  by  an  action  of  contract  in  the  name 
of  the  town  of  Winthrop  against  the  owner  of  the  estate, 
brought  at  any  time  within  three  years  after  the  same  have 
become  due. 

Section  12.  Any  person  aggrieved  by  any  such  assess- 
ment mav  at  anv  time  within  three  months  after  service  of 
the  notice  mentioned  in  section  nine  of  this  act,  apply  to 
the  superior  court  for  the  county  of  Suflolk  for  a  jury  to 
revise  the  same,  but  before  making  such  application  he  shall 
give  fourteen  days'  notice  in  writing  of  his  intention  so  to 
do  to  the  .said  commissioners,  and  shall  therein  particularly 
specify  his  objection  to  the  assessment,  to  which  specifica- 
tion he  shall  be  confined  before  the  jury. 

Section  13.  Said  board  of  sewer  commissioners  may 
annually  appoint  a  superintendent  of  sewers  and  a  clerk, 
neither  of  whom  shall  be  a  member  of  said  board,  and  may 
remove  the  superintendent  or  clerk  at  its  pleasure.  Said 
board  may  fix  the  compensation  of  the  superintendent  and 
clerk  and  define  their  duties,  but  the  amount  of  such  com- 
pensation shall  not  exceed  the  appropriation  therefor.  The 
compensation  of  the  commissioners  shall  be  fixed  by  the 
town. 

Section  14.  All  contracts  made  by  said  board  of  com- 
missioners shall  be  made  in  the  name  of  the  town  and  .shall 
be  signed  by  a  majority  of  the  board;  but  no  contract  shall 
be  made  or  obligation  incurred  by  the  commi.s.sioners  for 
any  purpose  in  excess  of  the  amount  of  money  ;ip])ro]iriated 
by  the  town  therefor. 

Section  15.  Said  commissioners  ni;i>'  from  time  to  time 
])rescribe  rules  jind  reguhitions  for  the  connecting  of  estates 
and  buildings  with  main  <h";iins  ;nid  sewers,  and  for  the 
inspection  of  the  ni;:terials,  the  construction,  alteration  ;ind 


Acts,  1911.  — CiiAr.  222.  173 

use  of  all  connections  and  drains  entering  into  such  main 
drains  or  sewers,  and  may  impose  penalties  not  exceeding 
twenty  dollars  for  every  violation  of  any  such  rule  or  regu- 
lation. Such  rules  or  regulations  shall  be  published  not  less 
than  once  a  week  for  three  successive  weeks  in  some  news- 
paper published  in  the  town  of  Winthrop,  if  there  be  any, 
and  if  not,  then  in  some  newspaper  published  in  the  county 
of  Suffolk,  and  shall  not  take  effect  until  such  publication 
has  been  made.  The  board  of  health  of  said  town  may 
require  an  owner  or  lessee  of  any  building  upon  land  abutting 
on  a  public  or  private  way,  court  or  passageway  in  which 
there  is  a  public  sewer,  and  the  owner  or  lessee  of  any  build- 
ing upon  land  which  abuts  on  a  public  sewer  or  through 
which  a  public  sewer  has  been  constructed,  to  connect  the 
same  therewith  by  a  sufficient  drain  or  sewer,  and  any  such 
owner  or  lessee  who  fails  to  comply  with  such  order  shall 
be  punished  by  a  fine  of  not  more  than  two  hundred  dollars. 

Section  16.  The  provisions  of  this  act,  so  far  as  they  Provisions 
are  the  same  as  those  of  said  chapter  two  hundred  and  sixty  struedretc 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-eight, 
or  of  the  general  laws  relating  to  sewers  and  drains  and  sewer 
commissioners,  shall  be  construed  as  a  continuation  thereof, 
and  not  as  new  enactments,  and  the  provisions  of  this  act 
shall  not  affect  any  act  done,  ratified  or  confirmed,  or  any 
right  accrued  or  established  at  the  time  of  the  taking  effect 
and  the  adoption  of  this  act  by  the  town  of  Winthrop  as  here- 
inafter provided,  and  all  acts  and  things  done,  and  all  rights 
accrued  or  established  under  or  by  virtue  of  said  chapter 
two  hundred  and  sixty,  or  of  any  other  act,  are  hereby  rati- 
fied and  confirmed.  Except  as  herein  provided  so  much  of 
said  chapter  two  hundred  and  sixty,  or  of  any  other  act,  as 
is  inconsistent  herewith,  is  hereby  repealed. 

Section  17.     This  act  shall  take  effect  upon  its  passage,  Time  of 
but  no  expenditure  shall  be  made  and  no  liability  incurred  *'*  "^^  ^  ^^ ' 
hereunder  until  this  act  has  been  accepted  by  a  majority  of 
the  voters  of  said  town  voting  thereon  at  a  legal  meeting 
called  for  the  purpose.  Aiyproved  March  2S,  1911. 

An  Act  to  authorize  the  election  of  highway  sur-  (Jhap.^2^ 

VEYORS  FOR  THE  TERM  OF  THREE  YEARS. 


Be  it  enacted,   etc.,  as  follows: 

Section  1.     A  town  which  has  voted  to  accept  the  pro-  Election  of 

hiisrhway 
surveyors. 


visions  of  section  three  hundred  and  sixty-four  of  chapter  ^'^^^'"^^ 


174: 


Acts,  1911.  — Chap.  223. 


five  hundred  and  sixty  of  the  acts  of  the  year  nineteen  hun- 
dred and  seven,  or  has  voted  to  accept  corresponding  pro- 
visions of  earlier  laws,  may  at  an  annual  meeting,  if  official 
ballots  are  not  used,  otherwise  at  a  meeting  held  at  least 
thirty  days  before  the  annual  meeting  at  which  said  change 
is  to  become  operative,  vote  that  the  term  of  office  of  the 
highway  surveyor  shall  be  three  years. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

ApiJroved  March  28,  1011. 


Chai}.223  -^^  Act  relating  to  smoke  nuisance  in  the  city  of 

HOLYOKE. 


Smoke 
nuisance  in 
the  city  of 
Ilolyoke. 


Miiyor  ;ind 
iildcrnien 
may  make 
I'ules  and 
regulations, 
etc. 


Enforcement 
of  act. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  the  city  of  Ilolyoke,  the  emission,  except 
by  locomotive  engines  or  brick  kilns,  into  the  open  air,  of 
dark  smoke  or  dense  gray  smoke,  without  a  permit  therefor 
from  the  mayor  and  aldermen,  as  hereinafter  provided,  is 
hereby  declared  a  nuisance. 

Section  2.  The  mayor  and  aldermen  of  the  said  city 
may  prescribe  by  ordinance  in  what  parts,  districts,  sections 
or  streets  of  the  city  the  emission  of  such  dark  or  dense  gray 
smoke,  otherwise  than  from  locomotive  engines  or  brick  kilns, 
may  be  permitted,  with  such  rules  and  regulations  governing 
such  emission  as  they  may  deem  advisable,  and  luay  fix  a 
penalty  for  violation  of  the  ordinance  of  not  more  than  one 
hundred  dollars  for  each  ofl'ence. 

Section  3.  The  ordinance  shall  designate  some  official 
who  shall  be  charged  with  the  enforcement  thereof,  and  who 
shall  see  that  its  provisions  are  strictly  enforced.  lie  may 
apply  to  the  supreme  judicial  coiul  t)r  superior  court,  or  to 
any  justice  thereof,  either  in  term  time  or  vacation,  for  an 
injunction  to  restrain  the  further  operation  of  any  furnace 
or  steam  boiler  which  is  being  operated  in  such  a  manner 
as  to  create  a  nuisance  as  herein  defined;  and  said  court 
or  justice  may,  after  hearing  the  i)arties,  enjoin  the  further 
operation  of  any  such  furnace  or  boiler. 

Section  4.     This  act  shall  take  (>il'ect  ui)on  its  ])assagc. 

Approved  March  2S,  I'Jll. 


Acts,  1911.  — Chaps.  224,  225.  175 


An  Act  relative  to  the  coffin  school  in  the  county  Chap.'^i^^L 

OF  NANTUCKET. 

Be  it  enacted,  etc.,  as  follows: 

Section  three  of  chapter  one  of  the  acts  of  the  year  eight-  1827, 1,  §  3, 
een  hundred  and  twenty-seven,  approved  June  8,  1827,  is 
hereby  amended  by  inserting  after  the  word  "resignation", 
in  the  eighth  hue,  the  words :  —  or  disabihty,  —  and  by  strik- 
ing out  the  words  "or  removal  from  the  town  of  Nantucket: 
provided,  always,  that  the  trustees  shall  all  be  the  descend- 
ants of  the  before  mentioned  Tristraiji  Coffin,  in  the  male 
or  female  line",  —  so  as  to  read  as  follows:  —  Section  3.  Election  of 

jt       '      t>        1  1     rni  1  •  1  PI-  onicers,  etc. 

Be  it  jurtlier  enacted,  ihat  the  said  trustees,  tor  the  tmie 
being,  shall  be  the  visitors  and  governors  of  said  institution, 
and  shall  have  full  power,  from  time  to  time,  to  elect  such 
officers  thereof  as  they  shall  judge  necessary  and  convenient, 
and  fix  the  tenure  of  their  respective  offices,  and  to  fill  up 
all  vacancies  that  may  happen  in  the  board  of  trustees  by 
death,  resignation,  or  disability;  to  determine  the  times  and 
places  for  holding  their  meetings;  the  manner  of  notifying 
the  trustees;  to  ascertain  the  powers  and  duties  of  their 
several  officers;  to  elect  instructors  and  prescribe  their  duties; 
to  make  and  ordain  reasonable  rules,  orders,  and  by-laws, 
for  the  government  of  the  institution,  provided  the  same  be 
not  repugnant  to  the  laws  of  the  commonwealth. 

Approved  March  28,  1911. 

An  Act  to  provide  for  the  payment  by  the  county  of  Chap.2'2i5 

ESSEX   of  a   sum   of  MONEY  TO   GEORGE   G.   ADAMS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  of  Essex  shall  pay  to  George  G.  of*|;g°g"x"^j 
Adams  of  Lawrence,  in  said  county,  the  sum  of  eight  thou-  pay  a  certain 
sand  dollars,  in  full  compensation  for  services  rendered  by 
him  to  the  county  of  Essex  as  an  architect,  in  regard  to  the 
proposed  building  of  a  new  registry  of  deeds  and  probate 
court  in  the  city  of  Salem,  as  authorized  by  chapter  two 
hundred  and  sixty-six  of  the  acts  of  the  year  nineteen  hundred 
and  two;  and  the  county  commissioners  of  the  county  are 
hereby  authorized  to  issue  a  note  or  notes  for  this  sum  for 
a  period  not  exceeding  twelve  months. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  28,  1911. 


sum  of  money. 


176  Acts,  1911.  — Chap.  226. 


Cha2).22(j  An  Act  to  establish  the  dighton  water  supply  district 

AND  TO  PROVIDE  FOR  SUPPLYING  THE  SAME  WITH  WATER. 

Be  it  enacted,  etc.,  as  follows: 

witer's'up-  Section  1.     The   inhabitants   of   the   town    of   Dighton 

p'yrjistrict  hal)le  to  taxation  in  that  town  and  residing  witliin  the  ter- 
ritory enclosed  by  the  following  boundary  lines,  to  wit:  — 
Beginning  at  the  line  betAveen  the  town  of  Somerset  and  the 
town  of  Dighton  where  the  same  intersects  Taunton  Great 
river;  thence  northerly,  following  the  bank  of  said  river  to 
a  point  on  the  river  directly  opposite  the  residence  of  Walter 
C.  Talbot;  thence  westerly,  following  the  northerly  bound 
of  said  Talbot's  property  to  Somerset  avenue;  thence  still 
westerly,  crossing  said  Somerset  avenue,  to  the  westerly 
bound  of  property  of  John  E.  Chandler;  thence  south- 
westerly, in  a  straiglit  line,  to  the  bridge  on  INJain  street 
which  crosses  Richmond  brook;  thence  southeasterly  by  said 
Richmond  brook  to  the  easterly  line  of  the  tracks  of  the 
New  York,  New  Haven  and  Hartford  railroad  on  said  brook; 
thence  southerly  by  said  tracks  of  the  New  York,  New 
Haven  and  Hartford  railroad  to  the  Somerset  and  Dighton 
line;  and  thence  easterly  to  the  point  of  beginning,  —  shall 
constitute  a  water  district,  and  are  hereby  made  a  body 
cori)orate,  by  the  name  of  the  Dighton  Water  Supply  Dis- 
trict, for  the  purpose  of  sui)plying  themselves  with  water 
for  the  extinguishment  of  fires  and  for  domestic  and  other 
purposes,  with  power  to  estal)lish  fountains  and  hydrants 
and  to  relocate  and  discontinue  the  same,  to  regulate  the 
use  of  such  water  and  to  fix  and  collect  rates  to  be  paid 
therefor,  and  to  take,  or  acquire  by  lease,  purchase  or  other- 
wise, and  to  hold  i)roperty,  lands,  rights  of  way  and  ease- 
ments for  the  ])urj)()ses  mentioned  in  this  act,  and  to  pros- 
ecute and  defend  in  all  actions  relating  to  the  property  and 
affairs  of  the  district. 
anlfhoi?!"''"  Section  2.     Said  Dighton  Water  Supply  District  for  the 

iTii.'i^.stKnmr     purposes   aforesaid   may  take,   or  acquire  by  purchase  or 
aiidixjnds,        otherwise,  and  hold  the  waters  of  anv  stream  or  i)()nd  or  anv 

etc.  ■  .  .  ' 

ground  sources  of  supp]\',  by  bored  or  driven  wells,  in  the 
town  of  Dighton,  and  may  also  take,  or  ac(iuire  by  purchase 
or  otherwise,  and  hold  all  rights  of  way,  easements  and  lands 
ill  the  town  of  Dighton  necessary  for  holding  such  waters 
or  protecting  the  same  from  contamination,  or  for  convey- 
ing the  same  to  and  through  said  district.     No  sources  of 


Acts,  1911.  — Chap.  226.  177 

water  supply  for  domestic  purposes,  and  no  lands  neces-  May  construct 
sary  for  protecting  the  said  waters  as  aforesaid,  shall  be  ings,  etc. 
taken  under  this  act  without  the  consent  and  approval  of 
the  state  board  of  health.  Said  district  may  construct  on 
the  lands  thus  acquired  proper  dams,  buildings,  fixtures  and 
other  structures,  and  may  do  such  other  things  as  may  be 
necessary  for  providing  and  maintaining  complete  and  effec- 
tive water  works;  and  for  that  purpose  may  construct  wells 
and  reservoirs,  and  establish  pumping  works,  may  construct, 
lay  and  maintain  aqueducts,  conduits,  pipes,  and  other  works, 
under  and  over  any  land,  water  courses,  railroads,  railways, 
and  public  or  other  ways,  and  along  any  highway  or  other 
way  in  the  town  of  Dighton,  in  such  manner  as  not  unneces- 
sarily to  obstruct  the  same;  and  for  the  purpose  of  con- 
structing, laying  and  maintaining  and  repairing  such  aque- 
ducts, conduits,  pipes  and  other  works,  and  for  all  other 
purposes  of  this  act,  said  district  may  dig  up,  raise  and 
embank  any  such  lands,  highways  or  other  ways  in  such 
manner  as  to  cause  the  least  possible  hindrance  to  public 
travel;  but  all  things  done  upon  such  ways  shall  be  subject 
to  the  direction  of  the  selectmen  of  the  town.  The  title 
to  all  land  acquired  under  the  provisions  of  this  act  shall 
vest  in  said  Dighton  Water  Supply  District,  and  the  said  land 
shall  be  managed,  improved  and  controlled  by  the  board  of 
water  commissioners  hereinafter  provided  for,  in  such  manner 
as  they  shall  deem  for  the  best  interests  of  said  district. 

Section  3.  Said  Dighton  Water  Supply  District  shall,  i^^ll%°l 
within  ninety  days  after  the  taking  of  any  lands,  rights  of 
way  or  easements  as  aforesaid,  otherwise  than  by  purchase, 
file  and  cause  to  be  recorded  in  the  registry  of  deeds  for 
Bristol  county,  northern  district,  a  description  thereof  suffi- 
ciently accurate  for  identification,  with  a  statement  of  the 
purpose  for  which  the  same  were  taken,  signed  by  the  water 
commissioners  hereinafter  provided  for. 

Section  4.  Said  Dighton  Water  Supply  District  shall  damages. 
pay  all  damages  to  property  sustained  by  any  person  or 
corporation  by  the  taking  of  any  water,  water  source,  water 
right,  land,  right  of  way  or  easement,  or  by  any  other  thing 
done  by  said  district  under  authority  of  this  act.  Any  per- 
son or  corporation  sustaining  damages  as  aforesaid,  and 
failing  to  agree  with  said  district  as  to  the  amount  thereof, 
may  have  the  damages  assessed  and  determined  in  the  man- 
ner provided  by  law  in  the  case  of  land  taken  for  highways, 
on  application  therefor  at  any  time  within  one  year  after 


178  Acts,  1911.  — Chap.  22G. 

the  taking  of  such  land  or  other  property,  or  the  doing  of 
other  injury  under  authority  of  this  act.  No  appHcation 
for  assessment  of  damages  shall  be  made  for  the  taking  of 
any  water  rights,  or  for  any  injury  thereto,  until  the  water 
is  actually  withdrawn  or  diverted  under  authority  of  this  act. 
Damages.  SECTION  5.     In  cvcry  case  of  a  petition  to  the  sui)erior 

court  for  an  assessment  of  damages  the  said  district  may 
tender  to  the  petitioner  or  his  attorney  any  sum,  or  may 
bring  the  same  into  court  to  be  paid  to  the  petitioner,  for 
the  damages  by  him  sustained  or  claimed  in  his  petition, 
or  may  in  writing  offer  to  be  defaulted  and  that  damages 
may  be  awarded  against  it  for  the  sum  therein  expressed, 
and  if  the  petitioner  does  not  accept  such  sum,  with  his 
costs  up  to  that  time,  but  proceeds  in  his  suit,  and  does 
not  recover  greater  damages  than  were  so  offered  or  ten- 
dered, not  including  interest  on  the  sum  recovered  in  dam- 
ages from  the  date  of  such  offer  or  tender,  the  Dighton 
Water  Supply  District  shall  have  judgment  for  its  costs  after 
said  date,  for  which  execution  shall  issue;  and  the  petitioner, 
if  he  recovers  damages,  shall  be  allowed  his  costs  only  to  the 
date  of  such  offer  or  tender. 
wfu'r^sup-  Section  6.     For  the  purpose  of  paying  all  expenses  and 

ply  i>'strict  liabilities  incurred  under  the  provisions  of  this  act  said  dis- 
trict may,  when  authorized  by  a  two  thirds  vote  of  the  vot- 
ers present  and  voting  at  a  legal  meeting  held  for  the  pur- 
pose, from  time  to  time  issue  bonds,  notes  or  certificates 
of  debt,  signed  by  the  treasurer  of  the  Dighton  Water  Sup- 
ply District  and  countersigned  by  the  chairman  of  the  water 
commissioners  hereinafter  provided  for,  to  be  denominated 
on  the  face  thereof,  Dighton  Water  Supi)ly  District  Loan, 
to  an  amount  not  exceeding  forty  thousand  dollars,  pay- 
able at  periods  not  exceeding  thirty  years  from  the  dates 
of  issue,  and  bearing  interest,  payable  semi-annually,  at  a 
rate  not  exceeding  four  and  one  half  per  cent  per  annum. 
Said  district  may  sell  such  securities  at  })ublic  or  i)rivate 
sale,  at  not  less  than  par,  upon  such  terms  and  conditions 
as  it  may  deem  proper.  Said  district  shall  pay  the  interest 
ui)on  the  loan  as  it  accrues,  and  shall  provide  at  the  time 
of  authorizing  said  loan  for  the  payment  thereof  in  such 
annual  projxjrtionate  i)ayments  as  will  extinguish  the  same 
within  tiie  time  i)rescribed  by  this  act,  the  first  of  such 
animal  payments  to  be  made  at  or  before  the  expiration 
of  five  years  from  the  date  of  the  first  issue  of  any  of  the 
securities  authorized  by  this  act;  and  when  a  vote  to  this 


Loan. 


Acts,  1911.  — Chap.  22G.  179 

effect  has  been  passed  the  amount  required  thereby  shall, 
without  further  vote  of  said  district,  be  raised  by  taxation 
in  the  same  manner  in  which  money  is  raised  for  town 
purposes. 

Section  7.     Said  district  shall  raise  by  taxation  annually  Payment  of 
a  sum  which  with  the  income  derived  from  the  sale  of  water  opera t?ng°t he 
will  be  sufficient  to  pay  the  current  annual  expenses  of  oper-  '^^f'^'  works. 
ating  its  water  works  and  the  interest  accruing  on  the  bonds, 
notes  or  certificates  of  debt  issued  by  the  district,  together 
with  such  payments  on  the  principal  as  may  be  required 
under  the  provisions  of  this  act.     Said  district  is  further 
authorized,  by  a  two  thirds  vote  of  the  voters  thereof  present 
and  voting  at  a  legal  meeting  held  for  the  purpose,  to  raise 
by  taxation  any  sum  of  money  for  the  purpose  of  enlarging 
or  extending  its  water  works  and  providing  additional  pipes, 
appliances  and  fixtures  connected  therewith,  not  exceeding 
two  thousand  dollars  in  any  one  year. 

Section  8.     Whenever  a  tax  is  duly  voted  by  said  dis-  Certified 
trict  for  the  purposes  of  this  act  the  clerk  shall  send  a  certi-  to  assess^a*'' 
fied  copy  of  the  vote  to  the  assessors  of  the  town  of  Dighton,  {l^ll  ^t^^'^*' 
who  shall  proceed  within  thirty  days  to  assess  the  same  lessors,  etc. 
in  the  same  manner  in  which  town  taxes  are  required  by 
law  to  be  assessed.     The  assessment  shall  be  committed  to 
the  town  collector,  who  shall  collect  said  tax  in  the  manner 
and  at  the  time  provided  for  the  collecting  of  town  taxes, 
and  shall  deposit  the  proceeds  with  the  district  treasurer 
for  the  use  and  benefit  of  said  district.     Said  district  may 
collect  interest  on  overdue  taxes  in  the  same  manner  as 
taxes  and  interest  are  authorized  to  be  collected  by  the 
town:  provided,  that  the  district  at  the  time  of  voting  to  Proviso. 
raise  the  tax  shall  so  determine,  and  shall  also  fix  a  time  for 
the  payment  thereof. 

Section  9.  Said  district  may  make  such  contracts  with  contracts, 
individuals,  corporations,  and  the  town  of  Dighton  for  sup-  ^^^' 
plying  water  as  may  be  agreed  upon,  and  may  extend  its 
pipes  for  that  purpose,  under  the  direction  of  the  selectmen 
of  the  town  of  Dighton,  through  the  streets  and  highways 
of  said  town  lying  outside  the  corporate  limits  of  said  dis- 
trict. Said  district  may  fix  and  collect  rates  for  the  use  of 
such  water  and  may  discontinue  or  shut  off  the  water  for 
the  non-payment  thereof,  and  for  violation  of  the  terms 
of  any  contract  made  in  accordance  with  this  section. 

Section  10.     The  first  meeting  of  said  district  shall  be  First  meet- 
called  on  petition  of  ten  or  more  legal  voters  therein,  by  a  '°°'  *^**'' 


180 


Acts,  1911.  — Ciiar  226. 


Water  com- 
missioners, 
election, 
term,  etc. 


By-laws,  etc. 


warrant  from  the  selectmen  of  the  town  of  Di^hton,  or  from 
a  justice  of  the  peace,  directed  to  one  of  the  jjetitioners, 
requiring  him  to  give  notice  of  the  meeting  by  posting  copies 
of  the  warrant  in  two  or  more  pubhc  places  in  the  district 
seven  days  at  least  before  the  time  of  the  meeting.  One  of 
the  selectmen  shall  preside  at  the  meeting  until  a  clerk  is 
chosen  and  sworn.  After  the  choice  of  a  moderator  for  the 
meeting  the  c^uestion  of  the  acceptance  of  this  act  shall  be 
submitted  to  the  voters,  and  if  it  shall  be  accepted  by  a 
majority  vote  of  the  voters  present  and  voting  thereon  it 
shall  go  into  effect,  and  the  meeting  may  then  proceed  to 
act  on  the  other  articles  contained  in  the  warrant. 

Section  11.  The  Dighton  Water  Supply  District  shall, 
after  the  acceptance  of  this  act  at  a  legal  meeting  called 
for  the  purpose,  elect  by  ballot  three  persons  to  hold  office, 
one  until  the  expiration  of  three  years,  one  until  the  ex])ira- 
tion  of  two  years  and  one  until  the  expiration  of  one  year  from 
the  next  succeeding  annual  district  meeting,  to  constitute  a 
board  of  water  commissioners;  and  at  every  annual  meeting 
thereafter  one  such  commissioner  shall  be  elected  by  ballot  for 
the  term  of  three  years.  All  the  authority  granted  to  said 
district  by  this  act  and  not  otherwise  specially  provided 
for  shall  be  vested  in  said  board  of  water  commissioners, 
who  shall  be  subject  however  to  such  instructions,  rides 
and  regulations  as  the  district  may  impose  by  its  vote.  Said 
commissioners  shall  appoint  a  treasurer  of  said  district,  who 
shall  not  be  one  of  their  number,  who  shall  give  bonds  to 
the  district  to  such  an  amount  and  with  such  sureties  as  may 
be  approved  by  the  commissioners;  and  a  majority  of  the 
commissioners  shall  constitute  a  fjuorum  for  the  transaction 
of  business.  Any  vacancy  occurring  in  said  board  from 
any  cause  may  be  filled  for  the  remainder  of  the  unex})ired 
term  by  said  water  district  at  any  legal  meeting  called  for 
the  purpose.  No  money  shall  be  drawn  from  the  district 
treasury  on  account  of  the  water  works  except  by  a  written 
order  of  said  commissioners  or  a  majority  of  them.  The 
connnissioners  shall  annually  make  to  said  district  a  full 
report  in  writing  of  their  doings  and  expenditures. 

Section  12.  Said  district  may  adopt  by-laws  prescrib- 
ing by  whom  and  how  meetings  may  be  called  and  notified, 
and,  ui)()n  the  ai)plication  of  ten  or  more  legal  Aoters  in  the 
district,  meetings  may  also  be  called  by  warrant  as  j)ro\  ided 
in  section  ten.  Said  district  may  also  j)r()\ide  rules  antl 
regulations  for  the   management  of  its   water  works,   not 


Acts,  1911.  —  Chap.  227.  181 

inconsistent  with  this  act  or  with  the  laws  of  the  common- 
wealth, and  may  choose  such  other  officers  not  provided  for 
in  this  act  as  it  may  deem  necessary  or  proper. 

Section  13.  Whoever  wilfully  or  wantonly  corrupts,  Penalty  for 
pollutes  or  diverts  any  water  obtained  or  supplied  under  e""  watef.' 
this  act,  or  wilfully  or  wantonly  injures  any  reservoir,  stand- 
pipe,  aqueduct,  pipe  or  other  property  owned  or  used  by  said 
district  for  the  purposes  of  this  act,  shall  forfeit  and  pay 
to  the  district  three  times  the  amount  of  damages  assessed 
therefor,  to  be  recovered  in  an  action  of  tort;  and  upon  con- 
viction of  any  of  the  above  acts  shall  be  punished  by  a  fine 
not  exceeding  one  hundred  dollars,  or  by  imprisonment  for 
a  term  not  exceeding  six  months. 

Section  14.  This  act  shall  take  effect  upon  its  accept-  Time  of 
ance  by  a  majority  vote  of  the  voters  of  said  district  present  ''  ""^  ^ 
and  voting  thereon  by  ballot  at  any  legal  district  meeting 
called  for  the  purpose  within  three  months  after  the  passage 
of  this  act;  but  it  shall  become  void  unless  the  said  district 
shall  begin  to  distribute  water  through  its  pipes  to  consumers 
in  said  Dighton  Water  Supply  District  within  three  years 
after  the  date  of  the  acceptance  of  this  act  as  aforesaid. 

ApiJroved  March  31,  1911. 

An  Act  relative  to  lynn  harbor.  Cliart  2*^7 

Be  it  enacted,  etc.,  as  foUoivs: 

Chapter  six  hundred  and  six  of  the  acts  of  the  year  nine-  loio,  eoe, 
teen  hundred  and  ten  is  hereby  amended  by  striking  out  ^  ^'  '^•"^"'led. 
section  three  and  inserting  in  place  thereof  the  following: 
—  Section  3.     If  the  said  commission  shall  report  that  in  Report  of 
its  judgment  no  abatement  of  said  nuisance  and  no  improve-  <^o'"™'«s'"°- 
ment  of  said  harbor  should  forthwith  be  undertaken  under 
the  provisions  of  this  act,  then  no  further  proceedings  shall 
be  had  under  this  act.     If  the  said  commission  shall  report 
that  in  its  judgment  said  nuisance  should  be  abated  or  said 
harbor  be  improved  under  the  provisions  of  this  act,  then 
the  municipal  council   of  the  city  of   Lynn,  within  three 
months  after  the  date  of  receiving  such  report,  shall  either 
approve  the  report  or  reject  it:  provided,  hoiccver,  that  any  Proviso, 
distinct  and  separable  recommendation,  relating  to  the  abate- 
ment of  said  nuisance  may  be  approved  or  rejected  by  said 
municipal  council  without  affecting  its  approval  or  rejection 
of  those  provisions  of  the  report  relating  to  the  improvement 
of  the  harbor.     If  the  municipal  council  rejects  the  report, 


182  Acts,  1911.  — Ciiat.  228. 

no  further  proceedings  shall  be  had  under  this  act.  If  the 
municipal  council  approves  the  report,  in  whole  or  in  part, 
the  question  of  further  proceedings  shall  be  submitted  within 
nine  months  thereafter  to  the  qualified  voters  of  Lynn  in 
the  following  form :  —  "  Shall  the  action  of  the  municipal 
council  approving  the  report  of  the  commission  on  the  inves- 
tigation of  Lynn  harbor  be  confirmed?"  or  "Shall  the  action 
of  the  municipal  council  approving  in  part  the  report  of 
the  commission  on  the  investigation  of  Lynn  harbor  be  con- 
firmed?" If  a  majority  of  the  votes  cast  on  said  question 
are  in  the  affirmative,  then  this  act  shall  be  in  full  force  and 
effect.  If  a  majority  of  said  votes  are  in  the  negative,  then 
this  act  shall  have  no  further  effect.  If  the  voters  confirm 
said  report,  as  provided  in  this  section,  the  governor  shall 
appoint  a  commission  consisting  of  three  persons  who  shall 
have  the  qualifications  required  in  section  one,  and  whose 
compensation  shall  be  determined  and  paid  as  therein  pro- 
vided. Wherever  the  word  "commission"  is  hereinafter 
used,  it  shall  mean  the  commission  appointed  under  this 
section,  unless  a  different  meaning  is  expressly  given  to  it. 
Said  commission  shall  be  known  as  the  Commission  on  the 
Improvement  of  Lynn  Harbor. 

Approved  March  31,  1911. 

CJicq^.^^S  An  Act  relative  to  the  payment  of  deposits  made  in 
savings  banks  and  other  banking  institutions  in  the 
names  of  two  persons. 

Be  it  enacted,  etc.,  as  follows: 

MYmg^'"  Section  L     When   a  deposit   has  been   made,   or  shall 

bsinks,  etc.,       hereafter  be  made,  in  any  bank,  savings  bank  or  institution 

in  tn»!  names        „  ...  e  ii  -i 

of  two  per-  tor  savuigs  m  the  names  oi  two  persons,  i)ayahle  to  either, 
or  payable  to  either  or  the  survivor,  such  deposit,  or  any  part 
thereof,  or  interest  or  dividend  thereon,  if  not  then  attached 
at  law  or  in  equity  in  a  suit  against  either  of  said  persons, 
may  be  paid  to  either  of  said  persons,  whether  the  other  be 
living  or  not,  and  such  payment  shall  discharge  the  bank, 
savings  bank  or  institution  for  savings  making  such  jiaynicnt 
from  its  obligation,  if  any,  to  such  other  person  or  to  his 
legal  representatives  for  or  on  account  of  such  deposit.  For 
the  puri)oses  of  this  act  the  term  "bank"  shall  include  any 
person  or  association  of  persons  carrying  on  the  business  of 
banking,  whether  incorj^oratcd  or  not. 

Section  2.     This  act  sli;ill  take  ellect  upon  its  j)assage. 

Approved  March  ol,  1011, 


Acts,  1911.  —  Chaps.  229,  230.  183 


An  Act  relative  to  the  employment  of  women  in  mer-  (j],fijy  229 

CANTILE,    MANUFACTURING    AND    MECHANICAL    ESTABLISH- 
MENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     No  woman  shall  knowingly  be  employed  in  Employment 
laboring  in  a  mercantile,  manufacturing  or  mechanical  estab-  etc^"""'"' 
lishment  within  two  weeks  before  or  four  weeks  after  child- 
birth. 

Section  2.     The  foregoing  section  shall  be  included  in  NoUcetobe 
the  notice  with  regard  to  the  employment  of  women  now  i'"*^''"'^- 
required   to   be   posted   in   mercantile,   manufacturing   and 
mechanical  establishments,  and  the  provisions  thereof  shall 
be  enforced  by  the  district  police. 

Section  3.     Violations  of  section  one  of  this  act  shall  be  Penalty. 
punished  by  a  fine  not  exceeding  one  hundred  dollars. 

Section  4.     This  act  shall  take  effect  on  the  first  day  Time  of 
of  January,  nineteen  hundred  and  twelve.  takmg  effect. 

Approved  March  31,  1911. 


An  Act  to  provide  for  repairs  and  alterations  of  the  fjjifij)  230 

BRIDGE  OVER  THE  WEYMOUTH  FORE  RIVER  IN  THE  CITY       "^ 
of  QUINCY  and  the  TOWN  OF  WEYMOUTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     The  county  commissioners  of  the  county  of  Rt^pairs,  etc., 
Norfolk,  and  the  trustees  having  charge  of  the  said  bridge  lyer\v%- 
over  the  Weymouth  Fore  river,  are  hereby  authorized  and  ™°""'^°''^ 
directed  within  one  year  after  the  passage  of  this  act  to  make 
such  repairs  to  the  present  bridge  over  Weymouth  Fore 
river  in  the  city  of  Quincy  and  the  town  of  Weymouth  as 
said    county   commissioners,    and    said   trustees,    with   the 
approval  of  the  board  of  harbor  and  land  commissioners, 
shall  deem  reasonably  necessary  and  proper,  and  to  widen 
the  draw  in  the  said  bridge  so  that  it  shall  have  an  opening 
not  less  than  one  hundred  and  twenty-five  feet  wide. 

Section  2.  The  costs  and  expenses  incurred  hereunder  Costs  and 
shall  in  the  first  instance  be  paid  by  the  county  of  Norfolk; 
and  the  county  commissioners  of  said  county  are  hereby 
authorized  and  directed  to  borrow  on  the  credit  of  the  county 
such  sums  of  money  as  may  from  time  to  time  be  required 
therefor.  All  moneys  so  borrowed  shall  be  deposited  in  the 
county  treasury,  and  the  treasurer  of  the  county  shall  pay 


river. 


expenses. 


184  Acts,  1911.  — Chap.  231. 

out  the  same,  as  ordered  by  the  county  commissioners,  and 
shall  keep  a  separate  and  accurate  account  of  all  sums  bor- 
rowed and  expended,  including  interest, 
mentof""-  SECTION  3.     The  cost  of  tlic  Said  repairs  and  alterations 

pense,  etc.  ^lu^u  [)^.  l)orne  by  the  county  of  Norfolk  and  the  cities,  towns 
and  corporations  found  by  the  commissioners  aj)i)ointed  under 
section  three  of  chapter  four  hundred  and  fifty-six  of  the 
acts  of  the  year  nineteen  hundred,  and  acts  in  addition 
thereto  and  in  amendment  thereof,  to  be  specially  benefited 
by  said  bridge  in  the  same  relative  proportion  in  which 
they  contributed  to  the  cost  and  expense  of  building  the 
bridge.  When  the  said  repairs  and  alterations  are  completed 
and  the  full  cost  and  expense  of  the  same  ascertained,  said 
county  commissioners  and  said  trustees  shall  file  their  report 
of  the  fact  in  the  office  of  the  clerk  of  coiu'ts  for  the  comity 
of  Norfolk,  together  with  the  amount  of  such  cost  and 
expense,  including  interest  paid  on  moneys  borrowed  under 
the  authority  of  section  two  of  this  act,  and  a  statement  of 
the  amounts  to  which  the  county  of  Norfolk  and  said  cities, 
towns  and  corporations  are  liable  hereunder.  The  county 
of  Norfolk  and  said  cities,  towns  and  corporations  liable 
hereunder  shall,  within  such  time  and  in  such  manner  as 
said  county  commissioners  shall  determine,  pay  into  the  treas- 
ury of  the  county  of  Norfolk  the  amount  for  which  they  are 
liable  with  interest.  The  sui)erior  court  for  the  county  of 
Norfolk  may  enter  a  judgment  or  decree  which  shall  be 
binding  upon  all  ])arties  liable  hereunder  and  such  proceed- 
ings may  be  had  u})on  such  judgment  or  decree  to  enforce 
and  carry  into  effect  the  same  and  the  provisions  of  this 
act  as  are  provided  by  law  in  civil  cases  in  said  superior 
court. 

Section  4.     This  act  shall  take  effect  uj)on  its  i)assage. 

^l J) proved  April  J,  J!>11. 


Chap.'2!^\  An  Act  to  provide  for  the  retirement  of  the  jitstices 

OF    THE    MUNICIPAL    COURT    OF    'I'lIE    CITY    OF    ROSTON. 

Be  it  enacicd,  etc.,  as  follows: 

.?f  jusii'.is of         Section  1.     The  chief  justice  and  any  associate  justice 
thr  nnn.ic-        ^f  ^1,^  muuicipal  court  of  the  citv  of  Boston,  who  shall  resign 

Iplll  court  of  1    .  ,r.  !■  1  •  •  1     'l  1-  I 

Boston.  Ins  ollice  alter  havmg  attauied  the  age  ot  seventy  years  and 

after  ha\iMg  serv(>d  in  said  court  at  least  tw(>nty  consecuti\e 
years,  shall,  iluring  the  remainder  of  his  natural  life,  receive 


Acts,  1911.  — Chaps.  232,  233.  185 

an  amount  equal  to  three  fourths  of  the  salary  payable  to 
him  by  law  at  the  time  of  his  resignation,  to  be  paid  by 
the  county  of  Suffolk  in  the  same  manner  in  which  the  sal- 
aries of  acting  justices  are  paid. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Ayyroved  Ajml  5,  1911. 


An  Act  relative  to  the  display  of  the  united  states  Chan.^^^ 

FLAG   ON   SCHOOLHOUSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  fifty  of  chapter  forty-two  of  the  Revised  Laws,  as  r.  l.  42. 
amended  by  chapter  two  hundred  and  twenty-nine  of  the  amended.' 
acts  of  the  year  nineteen  hundred  and  nine,  is  hereby  fur- 
ther amended  by  striking  out  said  section  and  inserting  in 
place  thereof  the  following  new  section:  —  Section  60.    The  Flags  to  be 
school  committee  of  every  city  and  town  shall  provide  for  schoo'ihous''e". 
each  schoolhouse  in  which  a  public  school  is  maintained  and 
which  is  not  otherwise  supplied,  a  United  States  flag  of  silk 
or  bunting  not  less  than  four  feet  in  length,  and  suitable 
apparatus  whereby  the  flag  shall  be  displayed  on  the  school- 
house  building  or  grounds  every  school  day  when  the  w^eather 
permits,  and  on  the  inside  of  the  schoolhouse  on  other  school 
days.     Failure  to  observe  this  law  for  a  period  of  five  con-  Penalty, 
secutive  days  upon  the  part  of  the  master  or  principal  in 
charge  of  the  school  at  the  time  shall  be  punished  by  a  fine 
of  not  more  than  five  dollars  for  each  period  of  five  days 
of  such  negligence,  unless  such  failure  is  caused  by  the  school 
committee  in  not  providing  the  said  master  or  principal  with 
a  flag,  in  which  case  the  said  penalty  shall  be  imposed  on 
those  directly  responsible  for  the  failure  so  to  supply  the 
said  master  or  principal.     Said  penalty  shall  be  imposed 
by  any  court  of  competent  jurisdiction  within  the  common- 
wealth. Approved  April  5,  1911. 

An  Act  to  establish  the  worthington  fire  district  and  (7/?«t).233 
to  provide  for  supplying  the  same  with  water. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  inhabitants  of  the  town  of  Worthington  worthington 
liable  to  taxation  in  that  town  and  residing  within  the  terri-  fs'tTbiished?* 
tory  enclosed  by  the  following  boundary  lines,  to  wit:  — 
Beginning  at  a  point  where  the  highway  from  Worthington 


186  Acts,  1911.  — Chap.  233. 

Worthington  chuFch  green  to  Starkweather  hill,  so-called,  intersects  the 
est^biishJd!  brook  flowing  in  a  southerly  direction  west  of  the  green; 
thence  following  the  course  of  the  brook  southerly,  across 
the  road  from  Worthington  Centre  to  JMiddlefield,  to  the 
northern  boundary  of  the  property  of  Lyman  INIayhew; 
thence  easterly  on  said  boundary  to  the  highway;  thence 
northerly  on  the  east  side  of  the  highway  to  the  boundary 
between  land  of  Lyman  May  hew  and  of  W,  L.  Smith ;  thence 
due  east  to  a  discontinued  highway  leading  to  the  property 
of  G.  T.  Dodge;  thence  northerly  on  said  discontinued  road 
to  the  highway  from  Kingville  to  West  Chesterfield;  thence 
to  the  site  of  the  dam  of  the  old  reservoir;  thence  northerly 
on  the  brook  to  the  highway  leading  from  Worthington 
Centre  to  Drury  Corners,  so-called;  thence  from  the  inter- 
section of  said  brook  and  said  highway  to  a  point  on  the 
highway  from  Worthington  Corners  to  Chesterfield,  where 
the  line  between  the  mowing  land  and  pasture  of  Horace 
Bartlett  intersects  the  highway;  thence  northerly  to  a  cor- 
ner on  the  northerly  line  of  the  meadow  land  of  the  Edwin 
H.  Dodge  property,  so-called,  said  corner  being  about  twenty- 
five  rods  east  of  the  highway  from  Worthington  Corners  to 
the  North  Cemetery,  and  being  on  the  line  between  said 
Dodge  estate  and  the  Rice  farm,  so-called;  thence  westerly 
on  the  line  between  said  Dodge  and  Rice  farms  to  a  corner 
on  the  easterly  line  of  land  of  E.  S.  Brewer;  thence  south- 
erly on  the  line  between  said  Brewer  and  said  Dodge  estate, 
and  continuing  southerly  on  walls  between  lands  of  said 
Brewer  and  land  formerly  owned  by  Dwight  Stone,  and 
between  land  of  said  Brewer  and  the  Noycs  Bartlett  prop- 
erty, so-called,  to  the  highway  leading  from  Worthington 
Corners  to  West  Worthington;  thence  crossing  the  road  and 
still  continuing  southerly  on  walls  in  the  same  general  line 
as  heretofore  where  the  property  of  said  Brewer  adjoins 
land  of  F,  Scott  and  Lucv  Kilbourn;  thence  southerlv  in 
the  same  general  line  on  wall  between  land  of  Lucy  Kil- 
bourn and  of  John  Barri,  and  between  land  of  said  Barri 
and  of  James  Kirkham  to  a  corner  at  the  southerly  end  of 
said  wall,  said  corner  being  on  the  northerly  line  of  what 
was  formerly  known  as  the  Frederick  S.  Huntington  estate; 
thence  southwesterly  to  place  of  beginning  at  the  inter- 
section of  the  highway  and  the  stream  first  named,  —  shall 
constitute  a  fire  district,  and  are  hereby  made  a  body  cor- 
porate, by  the  name  of  the  Worthington  Fire  District,  for 
the  purpose  of  supplying  themselves  with   water  for  the 


Acts,  1911.  — Chap.  233.  187 

extinguishment  of  fires  and  for  domestic  and  other  purposes, 
with  power  to  estabUsh  fountains  and  hydrants,  and  to 
relocate  and  discontinue  the  same;  to  regulate  the  use  of 
such  water  and  to  fix  and  collect  rates  to  be  paid  therefor, 
and  to  take,  or  acquire  by  lease,  purchase,  or  otherwise, 
and  to  hold  property,  lands,  rights  of  way,  and  easements 
for  the  purposes  mentioned  in  this  act,  and  to  prosecute  and 
defend  in  all  actions  relating  to  the  property  and  afl^airs  of 
the  district. 

Section  2.  Said  fire  district,  for  the  purposes  aforesaid,  Sr'lrom 
may  take,  or  acquire  by  purchase  or  otherwise,  and  hold  p"?"^^-^"^^^ 
the  waters  of  any  pond  or  stream  or  of  any  ground  sources 
of  supply  by  means  of  driven,  artesian  or  other  wells  within 
the  limits  of  the  town  of  Worthington,  and  the  water  rights 
connected  with  any  such  water  sources,  and  may  also  take, 
or  acquire  by  purchase  or  otherwise,  and  hold  all  lands, 
rights  of  way  and  easements  necessary  for  collecting,  stor- 
ing, holding,  purifying  and  preserving  the  purity  of  the  water 
and  for  conveying  the  same  to  any  part  of  said  district: 
provided,  however,  that  no  source  of  water  supply  and  no  Proviso, 
lands  necessary  for  preserving  the  quality  of  such  water, 
shall  be  taken  or  used  without  first  obtaining  the  advice  and 
approval  of  the  state  board  of  health,  and  that  the  location 
of  all  dams,  reservoirs  and  wells  to  be  used  as  sources  of 
water  supply  under  this  act  shall  be  subject  to  the  approval 
of  said  board.  Said  district  may  construct  on  the  lands 
acquired  under  the  provisions  of  this  act,  proper  dams,  res- 
ervoirs, standpipes,  tanks,  buildings,  fixtures  and  other  struc- 
tures, and  may  make  excavations,  procure  and  operate 
machinery  and  provide  such  other  means  and  appliances, 
and  do  such  other  things  as  may  be  necessary  for  the  estab- 
lishment and  maintenance  of  complete  and  effective  water 
works;  and  for  that  purpose  may  construct  wells  and  reser- 
voirs and  establish  pumping  works,  and  may  construct,  lay 
and  maintain  aqueducts,  conduits,  pipes  and  other  works 
under  or  over  any  land,  water  courses,  railroads,  railways 
and  public  or  other  ways,  and  along  such  ways  in  the  Worth- 
ington Fire  District,  in  such  manner  as  not  unnecessarily 
to  obstruct  the  same;  and  for  the  purpose  of  constructing, 
laying,  maintaining,  operating  and  repairing  such  conduits, 
pipes  and  other  works,  and  for  all  proper  purposes  of  this 
act,  said  district  may  dig  up  or  raise  and  embank  any  such 
lands,  highways  or  other  ways  in  such  manner  as  to  cause 
the  least  hindrance  to  public  travel  on  such  ways;  and  all 


188 


Acts,  1911.  — Ciiap.  233. 


Taking  of 
hind,  etc.,  to 
be  recorded. 


Damages, 
etc. 


WorthiriKton 
Fire  District 
Louii. 


things  done  upon  any  such  way  shall  be  subject  to  the  direc- 
tion of  the  selectmen  of  the  town  of  Worthington. 

Section  3.  Said  fire  district  shall,  within  ninety  days 
after  the  taking  of  any  lands,  rights  of  way,  water  rights, 
water  sources  or  easements  under  the  provisions  of  this  act, 
otherwise  than  by  purchase,  file  and  cause  to  be  recorded 
in  the  registry  of  deeds  for  the  county  of  Hampshire  a  descrip- 
tion thereof  sufficiently  acciu^ate  for  identification,  with  a 
statement  of  the  purpose  for  which  the  same  were  taken, 
signed  by  the  water  commissioners  hereinafter  provided  for. 
The  title  to  all  land  taken,  purchased  or  acquired  in  any  way 
under  the  provisions  of  this  act  shall  vest  in  said  Worthing- 
ton Fire  District,  and  the  land  so  taken  may  be  managed, 
improved  and  controlled  by  the  board  of  water  commis- 
sioners hereinafter  provided  for,  in  such  manner  as  they 
shall  deem  for  the  best  interest  of  said  district. 

Section  4.  Said  district  shall  pay  all  damages  to  prop- 
erty sustained  by  any  person  or  corporation  by  the  taking 
of  any  land,  right  of  way,  water,  water  source,  water  right 
or  easement,  or  by  anything  done  by  said  district  under 
authority  of  this  act.  Any  person  or  corporation  sustain- 
ing damages  as  aforesaid,  and  failing  to  agree  with  said 
district  as  to  the  amount  thereof,  may  have  the  same  deter- 
mined in  the  manner  provided  by  law  in  the  case  of  land 
taken  for  the  laying  out  of  highways,  on  application  at  any 
time  within  the  period  of  two  years  after  the  taking  of  such 
land  or  other  property  or  the  doing  of  other  injury  imder 
authority  of  this  act;  but  no  such  application  shall  be  made 
after  the  expiration  of  two  years,  and  no  application  for 
assessment  of  damages  shall  be  made  for  the  taking  of  any 
water,  water  right,  or  for  any  injury  thereto,  until  the 
water  is  actually  withdrawn  or  diverted  by  said  district 
under  authority  of  this  act.  Said  district  may  by  vote, 
from  time  to  time,  determine  what  amount  or  (juantity  of 
water  it  proposes  to  take  and  approj)rijite  inuler  this  act; 
in  which  case  any  damages  caused  by  such  taking  shall 
be  based  upon  such  amount  or  quantity  luitil  tlie  same  shall 
be  increased  by  vote  or  otherwise,  Jind  in  such  event  said 
district  shall  be  further  liable  only  for  the  ad(litit)nal  dam- 
ages caused  by  such  additional  taking. 

Sp:ction  5.  Said  district,  for  the  purpose  of  paying  the 
necessary  expenses  and  liabilities  incurred  under  the  })ro- 
visions  of  this  act,  may  issue  from  time  to  time  bonds,  notes 
or  scrij)  to  an  amount  not  exceeding  twciity-fixe  thousand 


Acts,  1911.  — Chap.  233.  189 

dollars.  Such  bonds,  notes  or  scrip  shall  bear  on  their  face 
the  words,  Worthington  Fire  District  Loan;  shall  be  pay- 
able at  the  expiration  of  periods  not  exceeding  thirty  j'ears 
from  the  dates  of  issue;  shall  bear  interest,  payable  semi- 
annually, at  a  rate  not  exceeding  five  per  cent  per  annum; 
and  shall  be  signed  by  the  treasurer  of  the  district  and 
countersigned  by  the  chairman  of  the  water  commissioners 
hereinafter  provided  for.  Said  district  may  sell  such  securi- 
ties at  public  or  private  sale,  upon  such  terms  and  condi- 
tions as  it  may  deem  proper,  but  they  shall  not  be  sold  for 
less  than  their  par  value.  The  town  of  Worthington  may, 
at  its  annual  town  meeting  or  at  a  legal  meeting  called  for 
the  purpose  guarantee  the  payment  of  such  bonds,  notes 
or  scrip. 

Section  6.  Said  district  shall,  at  the  time  of  authoriz-  Payment  of 
ing  said  loan,  provide  for  the  payment  thereof  in  such  annual  ^°^'^' 
proportionate  payments,  beginning  not  more  than  five  years 
after  the  first  issue  of  such  bonds,  notes  or  scrip,  as  will 
extinguish  the  same  within  the  time  prescribed  by  this  act; 
and  when  a  vote  to  that  effect  has  been  passed  a  sum  which, 
with  the  income  derived  from  water  rates,  will  be  sufficient 
to  pay  the  annual  expense  of  operating  its  water  Avorks  and 
the  interest  as  it  accrues  on  the  bonds,  notes  or  scrip  issued 
as  aforesaid  by  said  district,  and  to  make  such  payments 
on  the  principal  as  may  be  required  under  the  provisions 
of  this  act,  shall  without  further  vote  be  raised  annually 
by  taxation  in  the  manner  hereinafter  provided. 

Section  7.     Whenever  a  tax  is  duly  voted  by  said  dis-  Tax  voted 
trict  for  the  purposes  of  this  act,  the  clerk  shall  send  a  cer-  ['rjct'^et!!'.^ 
tified  copy  of  the  vote  to  the  assessors  of  the  town  of  Worth- 
ington, who  shall  proceed  within  thirty  days  thereafter  to 
assess  the  same  in  the  same  manner  in  which  town  taxes 
are  required  by  law  to  be  assessed.     The  assessment  shall 
be  committed  to  the  town  collector,  who  shall  collect  said 
tax  in  the  manner  provided  by  law  for  the  collection  of  town 
taxes,  and  shall  deposit  the  proceeds  thereof  with  the  dis- 
trict treasurer  for  the  use  and  benefit  of  said  district.     Said 
district  may  collect  overdue  interest  on  taxes  in  the  manner 
in  which  interest  is  authorized  to  be  collected  on  town  taxes: 
provided,  that  said  district  at  the  time  of  voting  to  raise  proviso, 
the  tax  shall  so  determine  and  shall  also  fix  a  time  for  pay- 
ment thereof. 

Section  S.     The  first  meeting  of  said  district  shall  be  First  meet- 
called  on  petition  of  ten  or  more  legal  voters  therein,  by  a  '"^'  ^^''' 


190 


Acts,  1911.  — Chap.  233. 


Water  com- 
missioners, 
election, 
term,  etc. 


Water  rates, 
etc. 


warrant  from  the  selectmen  of  the  town  of  Worthington, 
or  from  a  justice  of  the  peace,  directed  to  one  of  the  peti- 
tioners, requiring  him  to  give  notice  of  the  meeting  by  post- 
ing copies  of  said  warrant  in  two  or  more  public  places 
in  said  district  seven  days  at  least  before  the  time  of  the 
meeting.  One  of  the  petitioners  shall  preside  at  the  meet- 
ing until  a  clerk  is  chosen  and  sworn,  and  the  clerk  shall 
preside  until  a  moderator  is  chosen.  After  the  choice  of 
a  moderator  for  said  meeting  the  question  of  the  accept- 
ance of  this  act  shall  be  submitted  to  the  voters,  and  if  it 
is  accepted  by  a  majority  vote  of  the  voters  present  and  \ot- 
ing  thereon  it  shall  take  effect,  and  the  meeting  may  then 
proceed  to  act  on  the  other  articles  contained  in  the  warrant. 

Section  9.  The  Worthington  fire  district  shall,  after  the 
acceptance  of  this  act  as  aforesaid,  elect  by  ballot  three 
persons  to  hold  office,  one  until  the  expiration  of  three  years, 
one  until  the  expiration  of  two  years  and  one  until  the  ex- 
piration of  one  year  from  the  next  succeeding  annual  district 
meeting,  to  constitute  a  board  of  water  commissioners;  and 
at  every  annual  meeting  thereafter  one  such  commissioner 
shall  be  elected  by  ballot  for  the  term  of  three  years.  All 
the  authority  granted  to  said  district  by  this  act  and  not 
otherwise  specifically  provided  for  shall  be  vested  in  said 
board  of  water  commissioners,  who  shall  be  subject  how- 
ever to  such  instructions,  rules  and  regulations  as  the  dis- 
trict may  impose  by  its  vote.  Said  commissioners  shall 
appoint  a  treasurer  of  the  district,  who  may  be  one  of  their 
number,  who  shall  give  bonds  to  the  district  to  such  an 
amount  and  with  such  sureties  as  may  be  approved  by  the 
commissioners.  A  majority  of  the  connnissioners  shall  con- 
stitute a  quorum  for  the  transaction  of  business.  Any 
vacancy  occurring  in  said  board  from  any  cause  may  be 
filled  for  the  remainder  of  the  unexpired  term  by  said  fire 
district  at  any  legal  meeting  called  for  the  ])urpose.  No 
money  shall  be  drawn  from  the  district  treasury  on  account 
of  the  water  works  except  by  a  written  order  of  said  com- 
missioners or  a  majority  of  them. 

Section  10.  Said  commissioners  shall  fix  just  and  e(iui- 
table  prices  and  rates  for  the  use  of  water,  and  shall  jirescribe 
the  time  and  manner  of  ])aynuMit.  The  income  of  the  water 
works  shall  be  apj^Hed  to  defraying  all  ()i)erating  exjjenses, 
interest  charges  and  ])ayments  on  the  ])rin(ipal,  as  they 
accrue,  upon  any  bonds,  notes  or  scrip  issued  under  authority 
of  this  act.     If  there  should  be  a  net  surplus  remaining  after 


Acts,  1911.  — Chap.  234.  191 

providing  for  the  aforesaid  charges,  it  shall  be  used  for  such 
new  construction  as  the  water  commissioners  may  deter- 
mine upon,  and  in  case  a  surplus  should  remain  after  payment 
for  such  new  construction  the  water  rates  shall  be  reduced 
proportionately.  No  money  shall  be  expended  in  new  con- 
struction by  the  water  commissioners  except  from  the  net 
surplus  aforesaid,  unless  the  district  appropriates  and  pro- 
vides money  therefor.  Said  commissioners  shall  annually, 
and  as  often  as  the  district  may  require,  render  a  report 
upon  the  condition  of  the  works  under  their  charge  and 
an  account  of  their  doings,  including  an  account  of  receipts 
and  expenditures. 

Section  11.  Said  district  may  adopt  by-laws  prescrib-  Bylaws, etc. 
ing  by  whom  and  how  meetings  may  be  called  and  notified; 
and,  upon  the  application  of  ten  or  more  legal  voters  in  the 
district,  meetings  may  also  be  called  by  warrant  as  provided 
in  section  eight.  Said  district  may  also  choose  such  other 
officers  not  provided  for  in  this  act  as  it  may  deem  neces- 
sary or  proper. 

Section  12.  Whoever  wilfully  or  wantonly  corrupts.  Penalty  for 
pollutes  or  diverts  any  water  obtained  or  supplied  under  wat'e"f  et"cf 
this  act,  or  wilfully  or  wantonly  injures  any  reservoir,  stand- 
pipe,  aqueduct,  pipe  or  other  property  owned  or  used  by 
said  district  for  the  purposes  of  this  act,  shall  forfeit  and 
pay  to  the  district  three  times  the  amount  of  damages 
assessed  therefor,  to  be  recovered  in  an  action  of  tort,  and 
upon  conviction  of  any  of  the  above  acts  shall  be  punished 
by  a  fine  not  exceeding  one  hundred  dollars  or  by  imprison- 
ment in  jail  for  a  term  not  exceeding  six  months. 

Section  13.  This  act  shall  take  effect  upon  its  accept-  Time  of 
ance  by  a  majority  vote  of  the  voters  of  said  district  present  ^  '"*''  ^ 
and  voting  thereon  at  a  district  meeting  called  in  accord- 
ance with  the  provisions  of  section  eight,  within  three  years 
after  the  passage  of  this  act;  but  it  shall  become  void  unless 
the  said  district  shall  begin  to  distribute  water  to  consumers 
within  three  years  after  the  date  of  the  acceptance  of  this 
act  as  aforesaid.  Ayproved  April  6,  1911. 

An  Act  relative  to  the  use  of  live  decoys  for  hunting  (J]i(iq^  234 

WATER  FOWL  IN  THE  COUNTY  OF  NANTUCKET. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  two  hundred  and  ninety-two  of  the  1900,292, 
acts  of  the  year  nineteen  hundred  and  six  is  hereby  amended  ^  ^'  '""'^'^*^*^'^- 


192 


Acts,  1911.  — Chap.  235. 


Use  of  live 

decoys 

prohibited. 


Penalty. 


by  striking  out  section  one  and  inserting  in  jjlace  thereof 
the  following:  —  Section  1.  It  shall  be  unlawful  to  use  live 
decoys  for  the  hunting,  taking  or  killing  of  water  fowl  of  any 
kind  in  the  county  of  Nantucket.  The  possession  of  live 
decoys  shall  be  deemed  prima  facie  evidence  of  an  intent  to 
use  the  same  for  the  hunting,  taking  or  killing  of  water 
fowl  in  violation  of  the  provisions  of  this  section. 

Section  2.  Whoever  violates  any  provision  of  this  act 
shall  be  punished  by  a  fine  of  not  less  than  twenty  nor  more 
than  fifty  dollars  for  each  offence. 

Approved  April  5,  1911. 


1008,  481, 
§  1,  amended. 


Registration 
of  hunters. 


Proviso. 


Chap*'^^^  An  Act  relative  to  hunters'  certificates  of  registra- 
tion. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  four  hundred  and 
eighty-four  of  the  acts  of  the  year  nineteen  hundred  and 
eight  is  hereby  amended  by  inserting  after  the  word  "law", 
in  the  third  line,  the  words:  —  or  use  a  gun  for  hunting, 
except  as  herein  provided,  —  so  as  to  read  as  follows:  — 
Section  1.  No  citizen  of  the  United  States  resident  in  JNlassa- 
chusetts  shall  hunt,  pursue,  take,  or  kill  any  bird  or  quad- 
ruped protected  by  law,  or  use  a  gun  for  hunting,  except 
as  herein  provided,  without  first  having  obtained  a  cer- 
tificate of  registration  as  hereinafter  provided:  provided,  how- 
ever, that  nothing  In  this  act  shall  be  construed  as  affecting 
in  any  way  the  provisions  of  the  general  laws  relating  to 
trespass,  or  as  authorizing  the  hunting,  pursuing,  taking, 
wounding,  or  killing,  or  the  possession  of  birds  or  quadru})eds 
contrary  to  any  laws  now  or  hereinafter  in  force,  nor  shall 
the  possession  of  such  certificate  of  registration  grant  or 
confer  any  privilege  not  enjoyed  prior  to  the  passage  of  this 
act. 

Section  2.  Section  two  of  said  chaj)ter  four  hundred 
and  eighty-four  is  hereby  amended  by  inserting  after  the 
word  "citizen",  in  the  second  line,  the  Avords:  —  who  shall 
I)rov^e  to  the  satisfaction  of  the  clerk  issuing  said  license 
that  he  is  a  citizen  of  this  state,  —  by  inserting  after  the 
word  "game",  in  the  sixth  line,  the  words:  —  provided,  how- 
ever, that  an  a])i)lication  for  a  license  for  a  minor  under  six- 
teen years  of  age  must  be  accompanied  by  a  written  request 
from  his  ])arent  or  guardian,  —  and  by  in.s<.'rting  l)efore  tlie 
word  "produced",  in  the  fifteenth  line,  the  wonls:  —  earriecl 


1908.  484, 
§  '2,  amended. 


Acts,  1911.  — Chap.  235.  193 


oil  tlie  person  when  hunting  and,  —  so  as  to  read  as  follows: 

—  Section  2.     The  clerk  of  any  city  or  town  shall,  upon  the  Certificates, 
application  of  any  such  bona  fide  resident  citizen,  who  shall  term,' etc. 
prove  to  the  satisfaction  of  the  clerk  issuing  said  license 

that  he  is  a  citizen  of  this  state,  and  the  payment  of  the 
registration  fee  and  recording  fee  hereinafter  provided,  issue 
to  such  person  a  certificate  in  the  form  prescribed  and  upon 
blanks  furnished  by  the  commissioners  on  fisheries  and 
game:  provided,  however,  that  an  application  for  a  license  Proviso. 
for  a  minor  under  sixteen  years  of  age  must  be  accompanied 
by  a  written  request  from  his  parent  or  guardian,  which 
certificate  shall  bear  the  name,  age,  occupation,  place  of 
residence,  signature  and  an  identifying  description  of  the 
person  thus  registered,  and  shall  authorize  the  person  so 
registered  to  hunt  game  birds  and  game  quadrupeds  dur- 
ing the  period  when  the  same,  respectively,  may  lawfully 
be  killed,  and  at  no  other  time,  and  only  subject  to  the 
restrictions  and  conditions  as  provided  by  law.  Said  cer- 
tificates shall  be  valid  until  January  first  next  following 
the  date  of  issue  and  no  longer,  shall  not  be  transferable, 
and  shall  be  carried  on  the  person  when  hunting  and  pro- 
duced for  examination  upon  demand  of  any  commissioner 
of  fisheries  and  game,  or  their  deputies  or  upon  demand  of 
any  sheriff,  constable,  police  officer,  or  other  officer  author- 
ized to  arrest  for  crime,  or  of  the  owner  or  lessee  in  actual 
occupancy  of  any  land  upon  which  such  registered  person 
may  be  found.  Failure  or  refusal  to  produce  said  cer- 
tificate upon  such  demand  shall  be  prima  facie  evidence 
of  a  violation  of  this  act. 

Section  3.     Section  five  of  said  chapter  four  hundred  §®5°ame^nded. 
and  eighty-four  is  hereby  amended  by  inserting  after  the 
word   "void",  in  the  seventh  line,  the  words:  —  and  the 
said  certificate  shall  be  surrendered  by  him  to  the  court, 

—  so  as  to  read  as  follows :  —  Section  5.     Any  person  who  Penalty, 
shall  violate  any  provision  of  this  act  shall  be  fined  not 

less  than  ten  nor  more  than  fifty  dollars,  or  be  imprisoned 
for  not  more  than  thirty  days,  or  shall  be  punished  by  both 
such  fine  and  imprisonment;  and  the  certificate  of  any  per- 
son who  shall  be  convicted  of  a  violation  of  any  law  relat- 
ing to  birds  or  quadrupeds,  or  of  any  provision  of  this  act, 
shall  be  void,  and  the  said  certificate  shall  be  surrendered 
by  him  to  the  court,  and  such  person  shall  not  receive  a 
certificate  during  the  period  of  one  year  from  the  date  of 
such  conviction.  Approved  April  5,  1911. 


194 


Acts,  1011.  — Chaps.  236,  237. 


Close  season 
for  ruffed 
grouse,  etc. 


Cha2J.2oG     An  Act  relative  to  ruffed  grouse  and  woodcock. 
Be  it  enacted,  etc.,  rw  follows: 

Section  1.  It  shall  be  unlawful,  excepting  only  })et\veeii 
the  fifteenth  day  of  October  and  the  fifteenth  day  of  Novem- 
ber of  each  year,  both  dates  inclusive,  to  hunt,  pursue,  take 
or  kill  a  ruffed  grouse,  commonly  called  partridge,  or  a  wood- 
cock, or  to  have  the  same,  or  any  part  thereof,  in  possession, 
whenever  or  wherever  the  same  may  have  been  taken  or 
killed;  and  it  shall  be  unlawful  at  any  time  to  buy,  sell, 
offer  for  sale,  or  otherwise  dispose  of  a  ruft'ed  grouse  or 
woodcock  or  any  part  thereof,  whenever  or  wherever  the 
same  may  have  been  taken  or  killed;  and  it  shall  be  unlaw- 
ful at  any  time  to  take  or  send  or  cause  to  be  taken  or  trans- 
ported beyond  the  limits  of  the  commonwealth  the  above 
named  birds,  or  to  have  in  possession  any  such  bird  with 
intent  to  take  or  cause  the  same  to  be  taken  out  of  the  com- 
monwealth. 

Section  2.  So  much  of  chapter  ninety-two  of  the  Re- 
vised Laws  as  is  inconsistent  herewith,  and  chapter  four 
hundred  and  forty-one  of  the  acts  of  the  year  nineteen  hun- 
dred and  eight,  chapter  two  hundred  and  seventy-two  of 
the  acts  of  the  year  nineteen  hundred  and  nine,  and  chapter 
three  hundred  and  sixty-five  of  the  acts  of  the  year  nineteen 
hundred  and  ten,  are  hereby  repealed. 

Section  3.  Whoever  violates  the  provisions  of  this  act 
shall  be  punished  by  a  fine  of  twenty  dollars  for  each  bird 
or  part  thereof  in  respect  to  which  the  violation  occnrs; 
and  possession  of  a  ruffed  grouse  or  woodcock,  exce])t  dur- 
ing the  open  season,  as  provided  above,  shall  be  prima  facie 
evidence  that  the  person  having  possession  has  violated  the 
provisions  of  this  act.  Approved  April  5,  1911. 


Repeal. 


Penalty. 


Chap 


R.  1..  165, 
§  CO, 
amended. 


237  An  Act  to  provide  for  the  travelling   expenses  of 
auditors  appointed  by  the  courts. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  sixty  of  chapter  one  hnndred  and 
sixty-five  of  the  Revised  Laws  is  hereby  amended  by  insert- 
ing after  the  word  "compensation",  in  the  first  line,  the 
words:  —  and  allow  actual  expenses  of  travel  in  attending 
liearings,  if  said  expenses  be  apj)roved  by  the  court  as  rea- 
sonable,—  bv  sti'ikiiig   out  the  word   "it",  in  the  second 


Acts,  1011.  — Chap.  2:58.  195 

line,  and  inserting  in  place  thereof  the  words:  —  the  same, 
—  by  inserting  after  the  word  "awarded",  in  the  fifth  line, 
the  words:  —  and  expenses  of  travel  allowed,  • —  and  by 
adding  at  the  end  thereof  the  words:  —  No  allowance  for 
expenses  of  travel  shall  be  allowed  by  the  court,  unless  the 
auditor  shall  file  a  true  and  correct  account  of  such  expenses, 
signed  and  sworn  to  by  him,  —  so  as  to  read  as  follows :  — 
Section  60.  The  court  shall  award  reasonable  compensation  Compensa- 
and  allow  actual  expenses  of  travel  in  attending  hearings,  if  tLTn  auditors, 


etc. 


said  expenses  be  approved  by  the  court  as  reasonable,  to 
auditors,  and  the  same  shall  be  paid  by  the  county  if  they 
are  appointed  by  the  supreme  judicial  court,  the  superior 
court  or  the  probate  court.  If  they  are  appointed  by  any 
other  court,  the  compensation  awarded  and  expenses  of 
travel  allowed  may  be  paid  by  either  party  and  taxed  in 
his  bill  of  costs  if  he  prevails ;  but  the  plaintiff  shall  be  liable 
for  such  payment,  and  the  court  may  make  all  orders  and 
decrees,  and  issue  process  to  enforce  the  same.  No  allow- 
ance for  expenses  of  travel  shall  be  allowed  by  the  court, 
unless  the  auditor  shall  file  a  true  and  correct  account  of 
such  expenses,  signed  and  sworn  to  by  him.- 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Apjjroved  Ajjril  5,  1011. 

An  Act  to  authorize  the  east  templeton  village  im-  Chap.238 

PROVEMENT  SOCIETY  TO  ACQUIRE  AND  MAINTAIN  A  MEMO- 
RIAL  HALL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  East  Templeton  Village  Improvement  ^g^^,^^^^ 
Society,  incorporated  by  chapter  sixty-nine  of  the  acts  of  viUage  im- 
the  year  nineteen  hundred  and  one,  is  hereby  authorized  to  society  may 
receive,  hold  and  maintain  the  memorial  hall  building,  and  memorial* 
the  land  upon  which  it  is  erected,  in  the  town  of  Templeton,  ^""'  ''*''• 
belonging  to  Erickson  Post,  109,  Benefit  Association,  a  cor- 
poration duly  organized  under  the  laws  of  the  common- 
wealth.    The  said  association  is  hereby  authorized  to  con- 
vey to  the  said  improvement  society  by  a  suitable  deed 
executed  by  the  president  and  treasurer  of  the  association, 
the  said  land,  with  the  building  thereon,  and  all  the  appur- 
tenances thereof.     The  said  property  shall  be  conveyed  to 
the  said  society  upon  such  trusts,  terms  and  conditions  as 
may  be  agreed  upon  by  the  parties,  and  the  property  shall 
be  held  and  administered  by  the  society  upon  the  trusts. 


190  Acts,  1911.  —  Chains.  239,  210. 

terms  and  conditions  so  stated  in  the  deed  of  conveyance. 
The  said  building,  or  any  other  building  that  may  be  erected 
in  its  stead,  shall  be  maintained  by  the  said  society  as  a 
memorial  to  the  soldiers  of  the  civil  war  who  enlisted  from 
the  said  town,  and  the  said  society  is  authorized  to  take  and 
administer  any  gifts  or  bequests  for  the  embellishment, 
extension  or  improvement  of  the  memorial  hall  in  the  said 
building  or  in  any  other  building  hereafter  erected  in  its 
stead.  All  of  the  aforesaid  property  shall  be  exempt  from 
taxation  so  long  as  the  same  is  used  for  the  purposes  herein 
set  forth. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  5,  1011. 

Chaj).239  An  Act  to  extend  the  time  within  which  the  metro- 
politan PARK  COMMISSION  MAY  REPORT  REL.\TIVE  TO 
THE  ADVISABILITY  OF  IMPROVING  THE  SANITARY  CONDI- 
TION   OF   THE   CHARLES   RIVER   RESERVATION. 

Be  it  enacted,  etc.,  as  follows: 

dfuoIfofUiT         Section  1.     The  time  within  which  the  metropolitan  park 
ChariesRiver    commission  is  required  by  chapter  one  hundred  and  one 

reservation.  n      ^  pi  . 

oi  the  resolves  of  the  year  nmeteen  hundred  and  ten,  to 
report  upon  the  advisability  of  improving  the  sanitary  con- 
dition of  the  Charles  River  reservation,  is  hereby  extended 
to  the  second  Saturday  of  January,  nineteen  hundred  and 
twelve. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  5,  1911. 

Chap.^i^iO  An  Act  to  authorize  the  city  of  somerville  and  the 

town  of  ARLINGTON  TO  CONSTRUCT  A  BRIDGE  OVER  ALE- 
WIFE   BROOK. 

Be  it  enacted,  etc.,  as  follows: 

ofTbi-iSo""         Section  1.     The   city   of   Somerville   and    the   town   of 
over  Aiowifo      Arlington  are  herebv  authorized,  within  five  vears  after  the 

brook  etc  ^  *"  * 

passage  of  this  act,  to  lay  out,  construct  and  maintain  as 
a  jinblic  way  a  bridge  not  exceeding  forty  feet  in  width,  and 
apj)r()aches  thereto,  over  Alewife  brook  and  lands  under 
the  control  of  the  metropolitan  jiark  commission  adjacent 
thereto  at  or  near  Henderson  street  in  Arlington  and  Wood- 
stock street,  so-called,  in  Somerville,  subject  to  the  approval 


Acts,  1911.  — Chap.  210.  197 


of  the  metropolitan  park  commission  as  to  the  location,  grade 
and  design  of  the  bridge  and  its  approaches. 

Section  2.     For  the  purpose  of  carrying  out  the  pro-  Land  and 
visions  of  this  act,  said  city  and  said  town  may  take  lands  iand*ma"ybe 
and  rights  in  lands  within  their  respective  limits  in  the  man-  **^'^'^- 
ner  provided  by  law  for  the  laying  out  of  public  ways  in 
said  city  and  in  said  town,  respectively,  and  may  take  an 
easement  in  lands  adjoining  the  location  of  said  approaches 
consisting  of  a  right  to  have  the  land  of  the  location  pro- 
tected by  having  the  surface  of  such  adjoining  lands  slope 
from  the  boundary  of  said  location. 

Section  3.  Any  person  entitled  by  law  to  damages  for  Damages. 
the  taking  of  or  injury  to  property  under  the  authority  of 
this  act,  may  have  the  same  determined  by  a  jury  in  the 
superior  court  for  the  county  of  Middlesex  on  petition  there- 
for, filed  within  one  year  after  the  property  is  entered  upon 
and  the  work  is  actually  begun  thereon,  in  the  same  manner, 
so  far  as  may  be  practicable,  as  that  in  which  damages  are 
determined  for  the  taking  of  land  for  highways  in  said  city 
and  in  said  town  respectively. 

Section  4.  Said  city  and  said  town  may,  at  any  time  Betterments, 
within  one  year  after  the  completion  of  the  work  authorized 
by  this  act,  assess  upon  any  lands  within  their  respective 
limits,  the  amount  of  betterments  accruing  thereto  by  reason 
of  the  laying  out  and  construction  of  said  bridge  and  ap- 
proaches; and  the  provisions  of  law  relating  to  the  assess- 
ment of  betterments  in  the  laying  out  of  public  ways  in 
said  city  and  said  town,  respectively,  shall,  so  far  as  the 
same  are  applicable,  apply  to  such  assessments. 

Section  5.  For  the  purpose  of  paying  in  part  the  cost  Aiewife 
to  said  city  of  laying  out  and  constructing  said  bridge  and  Loan, 
approaches,  and  all  expenses  incidental  thereto,  the  city 
may  from  time  to  time  issue  bonds  to  an  amount  not  exceeding 
eight  thousand  dollars,  and  designated  on  the  face  thereof, 
Aiewife  Brook  Bridge  Loan.  Such  bonds  shall  bear  inter- 
est, payable  semi-annually,  at  a  rate  not  exceeding  four  per 
cent,  and  shall  be  payable  at  such  time  or  times,  not  more 
than  twenty  years  from  their  respective  dates,  as  shall  be 
determined  by  the  city  by  vote  of  its  council,  and  as  shall 
be  expressed  upon  the  face  of  the  bonds. 

Section  6.     For  the  purpose  of  paying  in  part  the  cost  Same 
to  said  town  of  laying  out  and  constructing  said  bridge  and 
approaches  and  all  expenses  incidental  thereto,  said  town 
may  from  time  to  time  issue  bonds  to  an  amount  not  exceed- 


198  Acts,  1911.  —  Chaps.  241,  242. 

ing  eight  thousand  dollars,  and  designated  on  the  face  thereof, 
Alewife  13rook  Bridge  Loan.  Such  bonds  shall  bear  inter- 
est, payable  semi-annually,  at  a  rate  not  exceeding  four  per 
cent,  and  shall  be  payable  at  such  time  or  times,  not  more 
than  twenty  years  from  their  respective  dates,  as  shall  be 
determined  by  the  town  by  vote  of  its  inhabitants  in  town 
meeting  assembled,  and  as  shall  be  expressed  upon  the  face 
of  the  bonds. 
Payment  of  SECTION  7.     Said   city   and    said   town    at   the   time   of 

authorizing  such  loans  shall  provide  for  the  payment  thereof 
in  such  annual  proportionate  payments  as  will  extinguish 
the  same  within  the  time  prescribed  in  this  act,  and  when 
such  provision  has  been  made,  the  amounts  required  there- 
for shall,  without  further  vote,  annually  be  assessed  by  the 
assessors  of  said  city  and  said  town  in  the  same  manner  in 
which  other  taxes  are  assessed,  until  the  said  debt  is  ex- 
tinguished. 
Section  8.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  5,  1911. 

Chap.24:l  An  Act  to  define  the  word  "minor"  as  applied  to  com- 
pulsory ATTENDANCE  AT  EVENING  SCHOOLS. 

Be  it  enacted,  etc.,  as  follows: 
im5i4.  rpj^g  third  paragraph  of  section  seventeen  of  chapter  five 

amended.  hiuidrcd  and  fourteen  of  the  acts  of  the  vear  nineteen  hun- 

dred  and  nine  is  hereby  amended  by  adding  at  the  end 
thereof  the  following:  —  exce])t  that  in  regard  to  the  com- 
pulsory attendance  of  illiterate  minors  at  evening  schools, 
tiie  word  "Minor"  shall  mean  a  person  mider  the  age  of 
??^.^",'V?," °^     twenty-one  vears,  —  so  as  to  read  as  follows:  —  "Child" 

(;liild      or  ii-\iT'  5»*     1      11  1  •    1  p 

"  Minor."  or  Minor  shall  mean  a  person  under  eighteen  years  oi 
age,  except  that  in  regard  to  the  compulsory  attendance  of 
illiterate  minors  at  evening  schools,  the  word  "Minor"  shall 
mean  a  person  under  the  age  of  twenty-one  years. 

Approved  April  G,  1911. 

CJiap.24:2  An  Act  relative  to  abatement  of  taxes  for  the  sup- 
pression OF  MOTHS. 

Be  it  enacted,  etc.,  as  follows: 

Aimiomont  SECTION  1.     A  ])erson   aggrieved   1)\'   the  taxes  assessed 

of  luxes  for  i  •         i.  i  •  i-  '         i   i  -i  i 

tiK-siipi.ns       u|)on  Inni  tor  the  suppression  oi  gyi)sy  and  l)rown  tail  moths 

Bion  of  luutlis.  i   i      ii  •    •  J!  j_''         '      '  1  1'      1 

l)Mrsuant  to  tlie  j)ro\  isioiis  ot  sections  six  and  seven  ot  ciiiip- 


Acts,  1911.  — Chap.  243.  199 

ter  three  hundred  and  eighty-one  of  the  acts  of  the  year 
nineteen  hundred  and  five,  as  amended  by  chapter  two 
hundred  and  sixty-eight  of  the  acts  of  the  year  nineteen 
hundred  and  six,  by  chapter  five  hundred  and  twenty-one 
of  the  acts  of  the  year  nineteen  hundred  and  seven,  and  by 
chapter  five  hundred  and  ninety-one  of  the  acts  of  the  year 
nineteen  hundred  and  eight,  may,  within  six  months  after 
the  date  of  the  first  tax  bill  issued  on  account  of  the  taxes 
complained  of,  apply  to  the  assessors  for  the  abatement 
thereof;  and  if  they  find  that  he  is  taxed  for  more  than  his 
legal  proportion,  or  for  an  amount  in  excess  of  what  should 
have  been  assessed  pursuant  to  the  statute  under  which  the 
tax  was  laid,  they  shall  make  a  reasonable  abatement. 

Section  2.  The  assessors  shall  not  abate  a  tax  under  the  Duties  of 
provisions  of  section  one  except  upon  the  written  recom- 
mendation of  the  board  or  officer  who  certified  the  assess- 
ment in  question  to  the  assessors  or  provided  them  with 
the  information  as  to  the  work  performed,  upon  which  such 
tax  was  assessed,  unless  the  error  or  excess  complained  of 
originated  in  the  work  of  the  assessors  who  laid  the  tax. 

Section  3.     The  assessors  shall  keep  a  record  of  all  taxes  Record  to  be 
abated  under  the  provisions  of  this  act  and  shall  preserve  abated/^''*^^ 
for  three  years  all  written  recommendations  received  pur- 
suant to  section  two.     They  shall  furnish  the  collector  of 
taxes  with  a  certificate  of  each  abatement  hereunder,  which 
shall  relieve  him  from  the  collection  of  the  sum  abated. 

Section  4.    This  act  shall  take  effect  upon  its  passage, 

A'ppromd  April  6,  1911. 

An  Act  relative  to  voting  lists  in  the  city  of  cam-  CJiap.24^3 

BRIDGE, 

Be  it  enacted,  etc.,  as  follows: 

Section  sixty  of  chapter  five  hundred  and  sixty  of  the  acts  1907,  seo, 
of  the  year  nineteen  hundred  and  seven,  as  amended  by  amended.' 
section  two  of  chapter  four  hundred  and  forty  of  the  acts 
of  the  year  nineteen  hundred  and  nine,  is  hereby  further 
amended  by  inserting  after  the  word  "Boston",  in  the  six- 
teenth line,   the  word :  —  Cambridge,  -^  so  as  to  read  as 
follows:  —  Section  GO.     Registrars  or  election  commissioners  voting  lists, 
shall,  from  the  names  entered  in  the  annual  register  of  voters, 
prepare  voting  lists  for  use  at  the  several  elections  to  be  held 
therein.     In  such  voting  lists,  they  shall  place  the  names  of 
all  voters  entered  on  the  annual  register,  and  no  others,  and 


200 


Acts,  1911.  — Chap.  244. 


opposite  to  the  name  of  each,  his  residence  on  the  preced- 
ing first  day  of  April  or  at  the  time  of  his  becoming  an  in- 
habitant of  such  place  after  said  day,  and  in  Boston  the 
age  of  each  male  voter  therein.  They  shall  enter  the  names 
of  women  voters  in  separate  columns  or  lists.  In  cities, 
they  shall  prepare  such  voting  lists  by  wards,  and  if  a  ward 
or  a  town  is  divided  into  voting  precincts,  they  shall  pre- 
pare the  same  by  precincts,  in  alphabetical  order,  or  by 
streets,  except  that  in  Boston,  the  voting  lists  shall  be  pre- 
pared by  streets.  In  all  wards  within  any  Suflt'olk  senatorial 
district,  except  in  Boston,  Cambridge  and  Chelsea,  the  regis- 
trars shall,  annually  after  the  closing  of  registration  and  before 
the  annual  state  election,  make,  by  wards  or  precincts,  as 
the  case  may  be,  street  lists  of  voters  to  be  used  as  the  vot- 
ing list  at  elections.  Names  shall  be  added  thereto  or  taken 
therefrom  as  persons  are  found  qualified  or  not  qualified  to 
vote.     The  said  lists   shall  be  in  the  following  form:  — 

Street. 


Name  op  Voter. 


Residence,  Number  or 

Other  Designation, 

April  1,  of  the  Yeur  of 

Election. 


Length  of  Residence 
in  City. 


Personal 
Description. 


01 
1:11 

< 


.a 


.a 


Approved  April  6,  1911. 


Chajx^U 


1908,  209, 
§  1,  amended. 


Open  air 
fires  i)ro- 
liiliited,  etc. 


Provi.sos. 


An  Act  relative  to  fires  in  the  open  air. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  two  hundred  and  nine  of  the  acts 
of  the  year  nineteen  hundred  and  eight  is  herel^y  amended 
by  striking  out  section  one  and  inserting  in  })lat'e  thereof 
the  following:  —  Section  1 .  It  shall  be  unlawful  within  any 
city,  or  within  any  town  which  accepts  the  provisions  of 
this  act,  for  any  person  to  set  a  fire  in  the  open  air  between 
the  first  day  of  INIarch  and  the  first  day  of  December  except 
by  the  written  permission  of  the  forest  warden,  or  the  chief 
of  the  fire  department  or,  in  cities  that  have  such  an  ofiicial, 
tlie  fire  commissioner:  provided,  that  debris  from  fields,  gar- 
dens and  orchards,  or  leaves  and  rubbish  from  yards  may 
be  burned  on  ploughed  fields  by  the  owners  thereof,  tlieir 
agents  or  lessees;  aii<l  proridcti,  further,  thiit  })ersons  ab()^•e 


Acts,  1911.  — Chap.  244.  201 

eighteen  years  of  age  may  maintain  a  fire  for  a  reasonable 
purpose  upon  sandy  or  barren  land,  if  the  fire  is  enclosed 
within  rocks,  metal  or  other  non-inflammable  material.  In 
every  case  such  fire  shall  be  at  least  two  hundred  feet  dis- 
tant from  any  forest  or  sprout  lands,  and  at  least  fifty  feet 
distant  from  any  building,  and  shall  be  properly  attended 
until  it  is  extinguished.  The  forest  warden  shall  cause  pub- 
lic notice  to  be  given  of  the  provisions  of  this  section,  and 
shall  enforce  the  same.  Whoever  violates  the  provisions  of 
this  section  shall  be  punished  by  a  fine  of  not  more  than 
one  hundred  dollars,  or  by  imprisonment  for  not  more  than 
one  month,  or  by  both  such  fine  and  imprisonment. 

Section  2.     Said  chapter  two  hundred  and  nine  is  hereby  i908, 209, 
further  amended  by  striking  out  section  four  and  inserting 
in  place  thereof  the  following:  —  Section  4-     The  state  for-  Arrest  of 
ester  and  forest  warden,  or  any  duly  authorized  assistant  sluing^fii^e's" 
in  the  employ  of  the  state  forester,  or  any  duly  appointed 
deputy  forest  warden,  may  arrest  without  a  warrant  any 
person  found  in  the  act  of  setting  or  maintaining  a  fire  in 
violation  of  the  provisions  of  this  act. 

Section  3.  Said  chapter  is  hereby  further  amended  by  i908,  209, 
striking  out  section  five  and  inserting  in  place  thereof  the 
following  new  section :  —  Section  5.  The  selectmen  of  every  Act  to  be 
town  may  submit  this  act  to  the  voters  for  their  acceptance  voters.  '^ 
at  any  annual  or  special  town  meeting.  The  vote  shall  be 
taken  by  separate  ballot,  and  shall  be  "Yes"  or  "No"  in 
answer  to  the  following  question  printed  upon  the  ballot: 
"Shall  an  act  passed  by  the  general  court  in  the  year  nine- 
teen hundred  and  eight,  entitled  'An  Act  to  provide  for  the 
protection  of  forest  or  sprout  lands  from  fire',  be  accepted 
by  this  town?"  A  majority  vote  of  the  legal  voters  present 
and  voting  at  such  meeting  shall  be  required  for  the  accept- 
ance of  this  act;  and  upon  such  acceptance  the  provisions 
of  section  twenty-four  of  chapter  thirty-two  of  the  Revised 
Laws  shall  cease  to  apply  to  any  town  which  has  previously 
accepted  that  section. 

Section  4.     Section  eleven  of  chapter  two  hundred  and  ^'^p''^'- 
eleven  of  the  Revised  Laws  is  hereby  repealed. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Ajrproved  April  G,  1911. 


202  Acts,  1911.  — Chap.  245. 


Cliap.24:^  An  Act  to  establish  the  east  foxborough  water  sup- 
ply DLSTRICT  AND  TO  PROVIDE  FOR  SUPPLYING  SAID  DIS- 
TRICT  WITH   WATER. 

Be  it  enacted,  etc.,  as  follows: 

wou^°r  Section  1.    The  inhabitants  of  the  easterly  part  of  the 

Water  Sup-       town  of  Foxborousfh,  Hable  to  taxation  in  that  town  and 

ply  District  .,.,".  ,  ,   ,  1        f-    II         •         1 

established.  residing  withiii  the  territory  enclosed  by  the  lohowing  bound- 
ary Hnes,  to  wit:  —  Beginning  at  the  stone  monument  at 
the  southeasterly  corner  of  the  town  of  Foxborough,  said 
monument  marking  the  corner  of  the  towns  of  Foxborough, 
Mansfield  and  Sharon;  thence  north  twenty-seven  degrees 
fifty-seven  minutes  west,  along  the  line  between  Foxborough 
and  Sharon,  ten  thousand  three  hundred  and  fifty-nine  feet 
to  a  corner  on  said  line;  thence  south  forty  degrees  twenty- 
nine  minutes  west,  by  said  Sharon  line,  four  thousand  and 
nine  feet  to  a  corner  on  said  line;  thence  north  thirty-nine 
degrees  thirteen  minutes  west,  by  said  Sharon  line,  eight 
thousand  four  hundred  and  five  feet  to  the  stone  monument 
standing  on  said  line  and  on  the  easterly  side  of  IMechanic 
street;  thence  south  four  degrees  forty-six  minutes  west,  in 
the  town  of  Foxborough,  ten  thousand  one  hundred  and 
fifty-five  feet  to  the  point  where  the  centre  lines  of  Chestnut 
and  Cocasset  streets  intersect;  thence  south  thirty-one  de- 
grees twenty-one  minutes  east,  in  the  town  of  Foxborough, 
eight  thousand  eight  hundred  and  six  feet  to  the  stone  monu- 
ment standing  on  the  line  between  the  towns  of  Foxborough 
and  Mansfield  and  on  tiie  easterly  side  of  Summer  street; 
thence  north  sixty-two  degrees  twenty-three  minutes  east, 
along  the  line  between  the  towns  of  Foxborough  and  INIans- 
field,  ten  thousand  eight  hundred  and  forty-two  feet  to  the 
point  of  beginning,  —  shall  constitute  a  water  supply  dis- 
trict, and  are  hereby  made  a  body  corporate  by  the  name 
of  the  Fast  Foxborough  Water  Sui)])ly  District,  for  the  jnir- 
pose  of  supplying  themselves  with  water  for  the  extinguish- 
ment of  fires  and  for  domestic  and  other  ])ur])oses,  with 
power  to  establish  fountains  and  hydrants,  and  to  relocate 
and  discontinue  the  same,  to  regulate  the  use  of  such  water 
and  to  fix  and  collect  rates  to  be  i)ai(l  therefor,  and  tt)  take, 
or  acquire  by  lease,  ])urchase  or  otherwise,  and  to  hokl 
property,  lands,  rights  of  way  and  easements  for  the  i)ur])oses 
mentioned  in  this  act,  and  to  prosecute  and  defend  in  all 
actions  relating  to  i\\v  ])roperty  and  afi'airs  of  the  district. 


Acts,  1911.  — Chap.  245.  203 

Section  2.  Said  water  supply  district,  for  the  purposes  Taking  and 
aforesaid,  may  take,  or  acquire  by  purchase  or  otherwise,  wafei"sfeU!. 
and  hold  the  waters  of  any  pond  or  stream  or  of  any  ground 
sources  of  supply  by  means  of  driven,  artesian  or  other  wells 
within  the  limits  of  the  district,  and  the  water  rights  con- 
nected with  any  such  water  sources;  or  may  contract  with 
the  Foxborough  Water  Supply  District  for  whatever  water 
may  be  required  in  pursuance  of  the  purposes  herein  named, 
on  such  terms  and  conditions  as  may  be  agreed  upon  by  the 
said  districts,  and  the  Foxborough  Water  Supply  District 
may  furnish  such  water;  but  nothing  herein  shall  be  con- 
strued to  compel  the  last  named  district  so  to  do.  The  said 
East  Foxborough  Water  Supply  District  may  also  take,  or 
acquire  by  purchase  or  otherwise,  and  hold,  all  lands,  rights 
of  way  and  easements  necessary  for  collecting,  storing,  hold- 
ing, purifying  and  preserving  the  purity  of  the  water  and 
for  conveying  the  same  to  any  part  of  said  district:  j^'^o-  proviso. 
vided,  however,  that  no  source  of  water  supply  and  no  lands 
necessary  for  preserving  the  quality  of  the  water,  shall  be 
taken  or  used  without  first  obtaining  the  advice  and  approval 
of  the  state  board  of  health,  and  that  the  location  of  all 
dams,  reservoirs  and  wells  to  be  used  as  sources  of  water 
supply  under  this  act  shall  be  subject  to  the  approval  of 
said  board.  Said  district  may  construct  on  the  lands  taken 
or  acquired  under  the  provisions  of  this  act,  proper  dams, 
reservoirs,  standpipes,  tanks,  buildings,  fixtures  and  other 
structures,  and  may  make  excavations,  procure  and  operate 
machinery  and  provide  such  other  means  and  appliances, 
and  do  such  other  things  as  may  be  necessary  for  the  estab- 
lishment and  maintenance  of  complete  and  effective  water 
works;  and  for  that  purpose  may  construct  wells  and  reser- 
voirs and  establish  pumping  works,  and  may  construct,  lay 
and  maintain  aqueducts,  conduits,  pipes  and  other  works 
under  or  over  any  land,  water  courses,  railroads,  railways 
and  public  or  other  ways,  and  along  such  ways  in  the  East 
Foxborough  Water  Supply  District,  in  such  manner  as  not 
unnecessarily  to  obstruct  the  same;  and  for  the  purpose  of 
constructing,  laying,  maintaining,  operating  and  repairing 
such  conduits,  pipes  and  other  works,  and  for  all  proper 
purposes  of  this  act,  said  district  may  dig  up  or  raise  and  em- 
bank any  such  lands,  highways  or  other  ways  in  such  manner 
as  to  cause  the  least  hindrance  to  public  travel  on  such  ways; 
and  all  things  done  upon  any  such  way  shall  be  subject  to 
the  direction  of  the  selectmen  of  the  town  of  Foxborough. 


204 


Acts,  1911.  — Chap.  245. 


Taking  of 
land,  etc.,  to 
be  recorded. 


Damages. 


East  Fox- 
l)orouKh 
Water  Sup- 
ply Di.strict 
Water  Loan. 


Section  3.  Said  water  supply  district  shall,  within  ninety 
days  after  the  taking  of  any  lands,  rights  of  way,  water 
rights,  water  sources  or  easements  under  the  provisions  of 
this  act,  otherwise  than  by  purchase,  file  and  cause  to  be 
recorded  in  the  registry  of  deeds  for  the  county  or  district 
in  which  the  same  are  situated  a  description  thereof  suffi- 
ciently accurate  for  identification,  with  a  statement  of  the 
purpose  for  which  the  same  were  taken,  signed  by  the  water 
commissioners  hereinafter  provided  for.  The  title  to  all 
land  taken,  purchased  or  acquired  in  any  way  under  the 
provisions  of  this  act  shall  vest  in  said  East  Foxborough 
Water  Supply  District,  and  the  land  so  taken  or  acquired 
may  be  managed,  improved  and  controlled  by  the  board 
of  water  commissioners  hereinafter  provided  for,  in  such 
manner  as  thev  shall  deem  for  the  best  interest  of  said 
district. 

Section  4.  Said  district  shall  pay  all  damages  to  prop- 
erty sustained  by  any  person  or  corporation  by  the  taking 
of  any  land,  right  of  way,  water,  water  source,  water  right 
or  easement,  or  by  anything  done  by  said  district  under 
authority  of  this  act.  Any  person  or  corporation  sustain- 
ing damages  as  aforesaid,  and  failing  to  agree  with  the 
district  as  to  the  amoimt  thereof,  may  have  the  same  deter- 
mined in  the  maimer  provided  by  law  in  the  case  of  land 
taken  for  the  laying  out  of  highways,  on  application  at  any 
time  within  two  years  after  the  taking  of  such  land  or  other 
property  or  the  doing  of  other  injury  under  authority  of 
this  act;  but  no  such  application  shall  be  made  after  the 
expiration  of  said  two  years;  and  no  application  for  assess- 
ment of  damages  shall  be  made  for  the  taking  of  any  water, 
water  right,  or  for  any  injury  thereto,  until  the  water  is  actu- 
ally withdrawn  or  diverted  by  the  district  under  authority 
of  this  act.  Said  district  may  by  vote,  from  time  to  time, 
determine  what  amount  or  quantity  of  water  it  proposes 
to  take  and  appr()])riate  under  this  act;  in  which  case  any 
damages  cau.sed  by  such  taking  shall  be  based  upon  such 
amount  or  quantity  until  the  same  shall  be  increased  by 
vote  or  otherwise,  and  in  that  event  said  district  shall  be 
liable  further  only  for  the  additional  damage  caused  by  such 
additional  taking. 

Section  T).  Said  district,  for  the  ])urpose  of  i)aying  the 
necessary  expenses  and  liabilities  incurred  under  the  pro- 
visions of  this  act,  may  issue  from  time  to  time  bonds,  notes 
or  scrip  to  an  amount  not  exceeding  twenty-five  thousand 


Acts,  1911.  — Chap.  245.  205 

dollars.  Such  bonds,  notes  or  scrip  shall  bear  on  their  face 
the  words,  East  Foxborough  Water  Supply  District  Water 
Loan;  shall  be  payable  at  the  expiration  of  periods  not 
exceeding  thirty  years  from  the  dates  of  issue;  shall  bear 
interest,  payable  semi-annually,  at  a  rate  not  exceeding  five 
per  cent  per  annum;  and  shall  be  signed  by  the  treasurer 
of  the  district  and  countersigned  by  the  water  commis- 
sioners hereinafter  provided  for.  Said  district  may  sell  such 
securities  at  public  or  private  sale,  upon  such  terms  and 
conditions  as  it  may  deem  proper:  provided,  that  they  shall  p^^iso. 
not  be  sold  for  less  than  their  par  value.  The  town  of  Fox- 
borough  may,  at  its  annual  town  meeting  or  at  a  legal  meet- 
ing called  for  the  purpose,  guarantee  the  payment  of  such 
bonds,  notes  or  scrip. 

Section  6.  Said  district  shall,  at  the  time  of  authoriz-  Payment  of 
ing  said  loan,  provide  for  the  payment  thereof  in  such  annual 
proportionate  payments,  beginning  not  more  than  five  years 
after  the  first  issue  of  such  bonds,  notes  or  scrip,  as  will 
extinguish  the  same  within  the  time  prescribed  by  this  act; 
and  when  a  vote  to  that  effect  has  been  passed  a  sum  which, 
with  the  income  derived  from  water  rates,  will  be  sufficient 
to  pay  the  annual  expense  of  operating  its  water  works  and 
the  interest  as  it  accrues  on  the  bonds,  notes  or  scrip  issued 
as  aforesaid  by  said  district,  and  to  make  such  payments 
on  the  principal  as  may  be  required  under  the  provisions 
of  this  act,  shall  without  further  vote  be  raised  annually 
by  taxation  in  the  manner  hereinafter  provided. 

Section  7.     Whenever  a  tax  is  duly  voted  by  said  dis-  Copy  of  tax 
trict  for  the  purposes  of  this  act,  the  clerk  shall  send  a  cer-  be  sent  to  the 


assessors. 


tified  copy  of  the  vote  to  the  assessors  of  the  town  of  Fox- 
borough,  who  shall  proceed  within  thirty  days  thereafter  to 
assess  the  same  in  the  same  manner  in  which  town  taxes 
are  required  by  law  to  be  assessed:  provided,  however,  that  P^o'^^iso. 
no  estate  shall  be  subject  to  such  tax  if,  in  the  judgment 
of  the  board  of  water  commissioners  hereinafter  provided 
for,  such  estate  is  so  situated  that  it  can  receive  no  aid  for 
the  extinguishment  of  fire  from  the  said  system  of  water 
supply,  or  if  such  estate  is  so  situated  that  the  buildings 
thereon,  or  the  buildings  that  might  be  constructed  thereon, 
in  any  ordinary  or  reasonable  manner,  could  not  be  supplied 
with  water  from  the  said  system;  but  all  other  estates  in 
the  district  shall  be  deemed  to  be  benefited  and  shall  be 
subject  to  the  tax.  A  certified  list  of  the  estates  exempt 
from  taxation  under  the  provisions  of  this   section  shall 


206 


Acts,  1911.  — Chap.  245. 


I'roviso. 


First 
meeting. 


Water  cnm- 
missioners, 
election, 
terras,  etc. 


annually  be  sent  by  the  water  commissioners  to  the  assessors, 
at  the  same  time  at  which  the  clerk  shall  send  a  certified 
copy  of  the  vote  as  aforesaid.  The  assessment  shall  be  com- 
mitted to  the  town  collector,  who  shall  collect  said  tax  in 
the  manner  provided  by  law  for  the  collection  of  town  taxes, 
and  shall  deposit  the  proceeds  thereof  with  the  district  treas- 
urer for  the  use  and  benefit  of  said  district.  Said  district 
may  collect  overdue  interest  on  taxes  in  the  manner  in 
which  interest  is  authorized  to  be  collected  on  town  taxes; 
provided,  further,  that  said  district  at  the  time  of  voting  to 
raise  the  tax  shall  so  determine  and  shall  also  fix  a  time  for 
payment  thereof. 

Section  8.  The  first  meeting  of  said  district  shall  be 
called  on  petition  of  ten  or  more  legal  voters  therein,  by  a 
warrant  from  the  selectmen  of  the  town  of  Foxborough,  or 
from  a  justice  of  the  peace,  directed  to  one  of  the  petitioners, 
requiring  him  to  give  notice  of  the  meeting  by  posting 
copies  of  said  warrant  in  two  or  more  public  places  in  said 
district  seven  days  at  least  before  the  time  of  the  meeting. 
The  said  justice  of  the  peace  or  one  of  the  selectmen  shall 
preside  at  the  meeting  until  a  clerk  is  chosen  and  sworn, 
and  the  clerk  shall  preside  until  a  moderator  is  chosen. 
After  the  choice  of  a  moderator  for  the  meeting  the  ques- 
tion of  the  acceptance  of  this  act  shall  be  submitted  to  the 
voters,  and  if  it  is  accepted  by  a  majority  vote  of  the  \oters 
present  and  voting  thereon  it  shall  take  effect,  and  the  meet- 
ing may  then  proceed  to  act  on  the  other  articles  contained 
in  the  warrant. 

Section  9.  The  East  Foxborough  Water  Supjily  Dis- 
trict shall,  after  the  acceptance  of  this  act  as  aforesaid, 
elect  by  ballot  three  persons  to  hold  office,  one  until  the  expi- 
ration of  three  years,  one  until  tlie  expiration  of  two  years 
and  one  until  the  expiration  of  one  year  from  the  next  suc- 
ceeding annual  district  meeting,  to  constitute  a  board  of 
water  commissioners;  and  at  every  annual  meeting  there- 
after one  such  commissioner  shall  be  elected  by  ballot  for 
the  term  of  three  years.  All  the  authority  granted  to  said 
district  by  this  act  and  not  otherwise  specifically  provided 
for  shall  be  vested  in  said  board  of  water  commissioners,  who 
shall  be  subject  however  to  such  instructions,  rules  and 
regulations  as  the  district  may  impose  by  its  vote.  Said 
conniiissioners  shall  ai)])i)int  a  treasurer  of  said  district,  who 
may  be  one  of  their  luiniber,  wlio  shall  give  bonds  to  the 
district  to  such  an  amount  and  with  such  sureties  as  may 


Acts,  1911.  — Chap.  215.  207 

be  approved  by  the  commissioners.  A  majority  of  the  com- 
missioners shall  constitute  a  quorum  for  the  transaction  of 
business.  Any  vacancy  occurring  in  said  board  from  any 
cause  may  be  filled  for  the  remainder  of  the  unexpired  term 
by  said  water  supply  district  at  any  legal  meeting  called 
for  the  purpose.  No  money  shall  be  drawn  from  the  district 
treasury  on  account  of  the  water  works  except  by  a  written 
order  of  said  commissioners  or  a  majority  of  them. 

Section  10.  Said  commissioners  shall  fix  just  and  equi-  Water  rates. 
table  prices  and  rates  for  the  use  of  water,  and  shall  prescribe 
the  time  and  manner  of  payment.  The  income  of  the  water 
works  shall  be  applied  to  defraying  all  operating  expenses, 
interest  charges  and  payments  on  the  principal  as  they  accrue 
upon  any  bonds,  notes  or  scrip  issued  under  authority  of 
this  act.  If  there  should  be  a  net  surplus  remaining  after 
providing  for  the  aforesaid  charges,  it  may  be  used  for  such 
new  construction  as  the  water  commissioners  may  determine 
upon,  and  in  case  a  surplus  should  remain  after  payment 
for  such  new  construction  the  water  rates  shall  be  reduced 
proportionately.  No  money  shall  be  expended  in  new  con- 
struction by  the  water  commissioners  except  from  the  net 
surplus  aforesaid,  unless  the  district  appropriates  and  pro- 
vides money  therefor.  Said  commissioners  shall  annually, 
and  as  often  as  the  district  may  require,  render  a  report 
upon  the  condition  of  the  works  under  their  charge,  and 
an  account  of  their  doings,  including  an  account  of  receipts 
and  expenditures. 

Section  11.  Said  district  may  adopt  by-laws  prescribing  By-iaws. 
by  whom  and  how  meetings  may  be  called,  notified  and 
conducted;  and,  upon  the  application  of  ten  or  more  legal 
voters  in  the  district,  meetings  may  also  be  called  by  war- 
rant as  provided  in  section  eight.  Said  district  may  also 
choose  such  other  officers  not  provided  for  in  this  act  as  it 
may  deem  necessary  or  proper. 

Section  12.  Whoever  wilfully  or  wantonly  corrupts,  Penaityfor 
pollutes  or  diverts  any  water  obtained  or  supplied  under  watel-yet"^ 
this  act,  or  wilfully  or  wantonly  injures  any  reservoir,  stand- 
pipe,  aqueduct,  pipe  or  other  property  owned  or  used  by  said 
district  for  the  purposes  of  this  act,  shall  forfeit  and  pay  to 
the  district  three  times  the  amount  of  damages  assessed 
therefor,  to  be  recovered  in  an  action  of  tort,  and  upon 
conviction  of  any  of  the  above  acts  shall  be  punished  by  a 
fine  not  exceeding  one  hundred  dollars  or  by  imprisonment 
in  jail  for  a  term  not  exceeding  six  months. 


208  Acts,  1911. —  Chaps.  246,  247,  248. 

^™ng  effect.  Section  13.  This  act  shall  take  effect  upon  its  acceptance 
by  a  majority  vote  of  the  voters  of  said  district  present 
and  voting  thereon  at  a  district  meeting  called  in  accord- 
ance with  the  provisions  of  section  eight,  within  three  years 
after  the  passage  of  this  act;  hut  it  shall  become  void  unless 
the  said  district  shall  begin  to  distribute  water  to  consumers 
within  two  years  after  the  date  of  the  acceptance  of  this 
act  as  aforesaid.  Apyroved  April  6,  1911. 

ChapJ^iAQ  An  Act  to  make  uniform  the  law  relative  to  wills 

EXECUTED   WITHOUT  THE   COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

^"rmthehiw         SECTION  1.     A  last  will  and  testament  executed  without 

certahTwui  ^^^^^  commouwcalth  in  the  mode  prescribed  by  the  law, 
either  of  the  place  where  the  will  is  executed  or  of  the  testa- 
tor's domicile,  shall  be  deemed  to  be  legally  executed,  and 
shall  be  of  the  same  force  and  effect  as  if  executed  in  the 

Proviso.  mode  prescribed  by  the  laws  of  this  commonwealth:  pro- 

vided, that  such  last  will  and  testament  is  in  writing  and 
subscribed  by  the  testator. 

Repeal.  Section  2.     All  acts  and  parts  of  acts  inconsistent  here- 

with are  hereby  repealed. 
Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  6,  1911. 

Chap.'2^1  An  Act  to  authorize  instruction  in  the  public  schools 
in  the  application  of  surgical  remedies  and  first 
aid  for  the  injured. 

Be  it  enacted,  etc.,  as  folloivs: 

hi'[ur"d!^cki'  Instruction  may  be  given  in  the  public  schools  in  the 
application  of  surgical  remedies  in  cases  of  emergency  and 
the  principles  of  first  aid  for  the  injured;  and  school  com- 
mittees may  expend  for  this  purpose  such  sinns  from  the 
approjjriation  for  salaries  of  teachers  as  they  may  deem 
necessary.  Ajiproved  April  6,  1911. 

Chap.24B  An  Act  to  authoihze  the  town  of  hanover  to  supply 

ITSELF  AND   ITS   INIIARITANTS   WITH   WATER. 

Be  it  enacted,  etc.,  as  follows: 

u,r\ZZln/        Section  1.     The  town  of  Hanover  may  supi^ly  it.self  and 
of  Jiunover.      its  inhabitants  with  water  for  the  extinguishment  of  fires 


Acts,  1911.  — Chap.  248.  209 

and  for  domestic,  manufacturing  and  other  purposes;  may 
establish  fountains  and  hydrants  and  relocate  or  discon- 
tinue the  same;  and  may  regulate  the  use  of  such  water  and 
fix  and  collect  rates  to  be  paid  therefor. 

Section  2.  Said  town,  for  the  purposes  aforesaid,  may  Contracts 
make  contracts  with  any  adjoining  town,  or  may  take,  or  wuhouler'*^ 
acquire  by  purchase  or  otherwise,  and  hold  the  waters  of  t'^"'"^'  «'<=. 
any  pond  or  stream  or  of  any  ground  sources  of  supply  by 
means  of  driven,  artesian  or  other  wells  within  the  limits 
of  the  town,  and  the  water  rights  connected  with  any  such 
water  sources,  and  may  also  take,  or  acquire  by  purchase 
or  otherwise,  and  hold  all  lands,  rights  of  way  and  ease- 
ments necessary  for  collecting,  storing,  purifying  and  pre- 
serving the  water,  and  for  conveying  the  same  to  any  part 
of  said  town:  provided,  hoivever,  that  no  source  of  water  Proviso, 
supply  and  no  lands  necessary  for  preserving  the  quality 
of  such  water  shall  be  taken  without  first  obtaining  the  advice 
and  approval  of  the  state  board  of  health,  and  that  the  loca- 
tion of  all  dams,  reservoirs  and  wells  to  be  used  as  sources 
of  water  supply  under  this  act  shall  be  subject  to  the  ap- 
proval of  said  board.  Said  town  may  construct  on  the  lands 
acquired  under  the  provisions  of  this  act,  proper  dams, 
reservoirs,  standpipes,  tanks,  buildings,  fixtures  and  other 
structures,  and  may  make  excavations,  procure  and  operate 
machinery  and  provide  such  other  means  and  appliances 
and  do  such  other  things  as  may  be  necessary  for  the  estab- 
lishment and  maintenance  of  complete  and  effective  water 
works;  and  for  that  purpose  may  construct  wells  and  reser- 
voirs and  establish  pumping  works,  and  may  construct,  lay 
and  maintain  aqueducts,  conduits,  pipes  and  other  works 
under  and  over  any  land,  water  courses,  railroads,  railways 
and  public  or  other  ways,  and  along  such  ways  in  the  town 
of  Hanover,  in  such  manner  as  not  unnecessarily  to  obstruct 
the  same;  and  for  the  purpose  of  constructing,  laying,  main- 
taining, operating  and  repairing  such  conduits,  pipes  and 
other  works,  and  for  all  other  proper  purposes  of  this  act, 
said  town  may  dig  up  or  raise  and  embank  any  such  lands, 
highways  or  other  ways,  in  such  manner  as  to  cause  the  least 
possible  hindrance  to  public  travel  on  such  w^ays.  Said  town 
shall  not  enter  upon,  construct  or  lay  any  conduits,  pipes 
or  other  works  within  the  location  of  any  railroad  corporation, 
except  at  such  time  and  in  such  manner  as  it  may  agree 
upon  with  such  corporation,  or,  in  case  of  failure  so  to  agree, 
as  may  be  approved  by  the  board  of  railroad  commissioners. 


210 


Acts,  1911, 


Chap.  218. 


Taking  of 
land,  etc.,  to 
be  recorded. 


Damages. 


Town  of 
lliuiover 
Water  Ijoan, 
Act  of  1911. 


Section  3.  Said  town  shall  within  ninety  days  after 
tiie  taking  of  any  lands,  rights  of  way,  water  rights,  water 
sources  or  easements  as  aforesaid,  file  and  cause  to  be  recorded 
in  the  registry  of  deeds  for  the  northern  district  of  the  county 
of  Plymouth  a  description  thereof  sufficiently  accurate  for 
identification,  with  a  statement  of  the  purpose  for  which 
the  same  were  taken,  signed  by  the  water  commissioner 
hereinafter  provided  for.  The  title  to  all  lands  acquired 
under  the  provisions  of  this  act  shall  vest  in  the  town  of 
Hanover,  and  the  land  so  acquired  shall  be  managed,  im- 
proved and  controlled  by  the  board  of  water  commission- 
ers hereinafter  provided  for,  in  such  manner  as  they  shall 
deem  for  the  best  interest  of  said  town. 

Section  4.  Said  town  shall  pay  all  damages  to  prop- 
erty sustained  by  any  person  or  corporation  by  the  taking 
of  any  land,  right  of  way,  water,  water  source,  water  right 
or  easement,  or  by  any  other  thing  done  by  said  town  under 
authority  of  this  act.  Any  person  or  corporation  sustain- 
ing damages  as  aforesaid,  and  failing  to  agree  with  the  town 
as  to  the  amount  thereof,  may  have  the  same  determined 
in  the  manner  provided  by  law  in  the  case  of  land  taken  for 
the  laying  out  of  highways,  on  application  at  any  time  within 
the  period  of  two  years  after  the  taking  of  such  land  or 
other  property  or  tlie  doing  of  other  injin-y  luider  auth.orit}' 
of  this  act;  but  no  such  application  shall  be  made  after 
the  expiration  of  the  said  two  years,  and  no  ai)])lication  for 
assessment  of  damages  shall  be  made  for  the  taking  of  any 
water  or  water  right,  or  for  any  injury  thereto,  until  the 
water  is  actually  withdrawn  or  diverted  by  the  town  inider 
authoritv  of  this  act.  Said  town  mav  bv  vote,  from  time  to 
time,  determine  what  amount  or  quantity  of  water  it  pro- 
poses to  take  and  appropriate  under  this  act;  in  which  case 
any  damages  causetl  by  such  taking  shall  be  based  upon 
such  amount  or  quantity  until  the  same  shall  be  increased 
by  vote  or  otherwise,  and  in  that  event  the  town  shall  be 
liable  further  only  for  the  additional  damages  caused  by 
such  additional  taking. 

Section  5,  Said  town,  for  the  purpose  of  paying  the 
necessary  ex])enses  and  liabilities  incurred  mider  the  i)ro- 
visions  of  this  act,  may  issue  from  time  to  time  bonds, 
notes  or  scrip  to  an  amount  not  exceeding  one  hundred 
thousand  dollars.  Such  bonds,  notes  or  scrip  shall  bear  on 
their  face  the  words,  Town  t)f  Hanover  Water  Loan,  Act 
of  1911,  shall  be  payable  at  the  expiration  of  i)eriods  not 


Acts,  1911.  — Chap.  248.  211 

exceeding  thirty  years  from  the  date  of  issue;  shall  bear 
interest,  payable  semi-annually,  at  a  rate  not  exceeding 
four  and  one  half  per  cent  per  annum;  and  shall  be  signed 
by  the  treasurer  of  the  town  and  countersigned  by  the  water 
commissioners  hereinafter  provided  for.  The  town  may  sell 
such  securities  at  public  or  private  sale,  upon  such  terms 
and  conditions  as  it  may  deem  proper,  but  they  shall  not 
be  sold  for  less  than  their  par  value. 

Section  6.  Said  town  shall  at  the  time  of  authorizing  Payment  of 
said  loan  provide  for  the  payment  thereof  in  such  annual 
proportionate  payments,  beginning  not  more  than  five  years 
after  the  first  issue  of  such  bonds,  notes  or  scrip,  as  will 
extinguish  the  same  within  the  time  prescribed  by  this  act; 
and  when  a  vote  to  that  effect  has  been  passed,  a  sum  which 
with  the  income  derived  from  water  rates  will  be  sufficient 
to  pay  the  annual  expense  of  operating  its  water  works 
and  the  interest  as  it  accrues  on  the  bonds,  notes  or  scrip 
issued  as  aforesaid  by  said  town,  and  to  make  such  pay- 
ments on  the  princii)al  as  may  be  required  under  the  pro- 
visions of  this  act,  shall  without  further  vote  be  assessed 
by  the  assessors  of  the  town  annually  thereafter,  in  the 
same  manner  in  which  other  taxes  are  assessed,  until  the 
debt  incurred  by  said  loan  is  extinguished. 

Section  7.  Whoever  wilfully  or  wantonly  corrupts,  pol-  ^J,\\"H^'/°'' 
lutes  or  diverts  any  water  taken  or  held  under  this  act,  or  etc.,  of  water. 
injures  any  structure,  work  or  other  property  owned,  held 
or  used  by  said  town  under  authority  of  this  act,  shall  for- 
feit and  pay  to  the  town  three  times  the  amount  of  damages 
assessed  therefor,  to  be  recovered  in  an  action  of  tort;  and 
upon  being  convicted  of  any  of  the  above  wilful  or  wanton 
acts  shall  be  punished  by  a  fine  not  exceeding  three  hundred 
dollars  or  by  imprisonment  in  jail  for  a  term  not  exceeding 
one  year. 

Section  8.     Said  town  shall,  after  its  acceptance  of  this  water  com- 
act,  at  the  same  meeting  at  which  the  act  is  accepted  or  at  "leclion!'^^' 
a  legal  meeting  called  for  the  purpose,  elect  by  ballot  three  '<^'™'  ^^''^ 
persons  to  hold  office,  one  until  the  expiration  of  three  years, 
one  until  the  expiration  of  two  years  and  one  until  the  expira- 
tion of  one  year  from  the  next  succeeding   annual  town 
meeting,  to  constitute  a  board  of  water  commissioners;  and 
at  each  annual  town  meeting  thereafter  one  such  commis- 
sioner shall  be  elected  by  ballot  for  the  term  of  three  years. 
All  the  authority  granted  to  the  town  by  this  act  and  not 
otherwise  specifically  provided  for  shall  be  vested  in  said 


212 


Acts,  1911.  — Chap.  249. 


Quorum. 


Vacancy. 


Water  rates, 
etc. 


water  commissioners,  who  shall  be  subject  however  to  such 
instructions,  rules  and  regulations  as  the  town  may  impose 
by  its  vote.  A  majority  of  said  commissioners  shall  con- 
stitute a  quorum  for  the  transaction  of  business.  Any 
vacancy  occurring  in  said  board  from  any  cause  may  be 
filled  for  the  remainder  of  the  unexpired  term  by  the  town 
at  any  legal  town  meeting  called  for  the  purpose.  Any 
such  vacancy  may  be  filled  temporarily  by  a  majority  vote 
of  the  selectmen,  and  the  person  so  appointed  shall  hold 
office  until  the  town  fills  the  vacancy  in  the  manner  specified 
herein. 

Section  9.  Said  commissioners  shall  fix  just  and  equi- 
table prices  and  rates  for  the  use  of  water,  and  shall  prescribe 
the  manner  and  time  of  payment.  The  income  of  the  water 
works  shall  be  applied  to  defraying  all  operating  expenses, 
interest  charges  and  payments  on  the  principal  as  they  accrue 
upon  any  bonds,  notes  or  scrip  issued  under  authority  of 
this  act.  If  there  should  be  a  net  surplus  remaining  after 
providing  for  the  aforesaid  charges,  it  shall  be  used  for  such 
new  construction  as  the  water  commissioners  may  determine 
upon,  and  in  case  a  surplus  should  remain  after  payment 
for  such  new  construction  the  water  rates  shall  be  reduced 
proportionately.  No  money  shall  be  expended  in  new  con- 
struction by  the  water  commissioners  except  from  the  net 
surplus  aforesaid,  unless  the  town  appropriates  and  provides 
money  therefor.  Said  commissioners  shall  annually,  and 
as  often  as  the  town  may  require,  render  a  report  upon 
the  condition  of  the  works  under  their  charge  and  an  account 
of  their  doings,  including  an  account  of  receipts  and  expendi- 
tures. 

Section  10.  This  act  shall  take  effect  upon  its  accept- 
ance by  a  majority  of  the  legal  voters  of  the  town  of  Han- 
over present  and  voting  thereon  at  a  legal  meeting  called 
for  the  purpose  within  three  years  after  its  passage;  but 
the  number  of  the  meetings  so  called  in  any  one  year  shall 
not  exceed  three;  and  for  the  purpose  of  being  submitted 
to  the  voters  as  aforesaid  this  act  shall  take  eft'ect  upon 
its  passage.  Approved  April  6,  1011. 

Chap.24:9  An  Act  relative  to  the  payment  of  w^\ces  by  certain 

MANUFACTURING    COIU'OHATIONS    AND    MANUFACTURERS. 

Be  it  enacted,  etc.,  as  follows: 
Payinontof  SECTION  1.     IManufactuHng  corpomtious  Hud  contractors, 

WiiKi-s  l).v  '^        .    '  ... 

mauufucturing  pcrsoiis  or  partnerships  engaged  ni  any  nianulacturuig  busi- 


New  con- 
Btruction,  etc. 


Tinio  of 
taking  effect. 


Acts,  1911.  — Ciiap.  250.  213 

ness  wherein  one  hundred  employees  or  more  are  employed  tk)^ns7etc. 
shall,  on  the  day  chosen  as  pay  day,  pay  such  of  their  em- 
ployees as  are  on  that  day  working  in  the  manufacturing 
establishment,  before  the  close  of  the  regular  working  hours. 

Section  2.    Whoever  violates  the  provisions  of  this  act  Penalty, 
shall  be  punished  by  a  fine  of  not  more  than  fifty  dollars. 

Approved  April  6,  1911. 


An  Act  relative  to  the  disposition  of  fees  and  for- 
feitures AND  THE  PAYMENT  OF  COSTS  IN  CERTAIN  AP- 
PEALED  CASES. 


C7i«i9.250 


Be  it  enacted,  etc.,  as  foUoics: 

Section  1.  Section  two  of  chapter  two  hundred  and  f^'^amended 
twenty-one  of  the  Revised  Laws  is  hereby  amended  by 
inserting  after  the  word  "Boston",  in  the  fourth  line,  the 
following :  —  except  that  in  cases  appealed  from  police  and 
district  courts  or  trial  justices,  in  counties  other  than  the 
county  of  Suffolk,  the  fine  or  forfeiture  shall  be  paid  into 
the  treasury  of  the  county  in  which  the  fee  or  forfeiture 
was  imposed,  and  the  treasurer  of  the  said  county  shall 
pay  to  the  city  or  town  in  which  the  offence  was  committed, 
the  costs  as  certified  by  the  clerk  of  the  inferior  court  from 
which  the  case  was  appealed,  —  so  as  to  read  as  follows:  — 
Section  2.  A  fine  or  forfeiture,  which  is  imposed  by  the  Payment  of 
superior  court  shall  be  paid  over  to  the  treasurer  of  the  and'V °r-^°*'^ 
county  where  the  proceeding  in  which  the  fine  or  forfeiture  feitures. 
was  imposed  was  tried,  or  in  the  county  of  Suffolk,  to  the 
collector  of  the  city  of  Boston,  except  that  in  cases  appealed 
from  police  and  district  courts  or  trial  justices,  in  counties 
other  than  the  county  of  Suffolk,  the  fine  or  forfeiture  shall 
be  paid  into  the  treasury  of  the  county  in  which  the  fee  or 
forfeiture  was  imposed,  and  the  treasurer  of  the  said  county 
shall  pa}^  to  the  city  or  town  in  which  the  offence  was  com- 
mitted, the  costs  as  certified  by  the  clerk  of  the  inferior 
court  from  which  the  case  was  appealed.  A  fine  or  forfeiture 
which  is  imposed  by  a  police,  district  or  municipal  court 
or  by  a  trial  justice  shall,  except  as  otherwise  provided,  be 
paid  to  the  city  or  town  in  which  the  crime  or  offence  was 
committed.  If  the  whole  or  any  part  of  a  fine  is  by  law 
payable  to  a  complainant  or  informant  or  to  a  person  or 
corporation  as  beneficiary,  the  court  or  magistrate  may 
apportion  the  fine  or  forfeiture  between  such  complainant, 
informant  or  other  beneficiary  and  the  county,  city  or  town, 
respectively. 


214 


Acts,  1911.  — Chap.  251. 


Certain  pro- 
visions of  law 
not  to  apply. 


Section  2.  The  provisions  of  section  two  of  said  chap- 
ter two  hundred  and  twenty-one  of  the  Revised  Laws  as 
amended  by  this  act  shall  not  apply  to  fees  and  fines  re- 
ceived under  the  provisions  of  section  thirty  of  chapter  five 
hundred  and  thirty-four  of  the  acts  of  the  year  nineteen 
hundred  and  nine,  as  amended  by  chapter  five  hundred 
and  twenty-five  of  the  acts  of  the  year  nineteen  hundred 
and  ten.  Approved  April  G,  1011. 


Subject  to 
certain  laws. 


Chap.2[)l  An  Act  relative  to  the  incorporation  of  insurance 

COMPANIES   ON   THE   MUTUAL  PLAN. 

Be  it  enacted,  etc.,  as  follows: 
Incorporation       SECTION  1.     Tell  or  morc  pcrsons  who  are  residents  of 

of  insurance  ^  t^ 

companies  on    this  commonwcaltli  may  form  an  insurance  compan^•  on  the 

the  mutual  i       i  •  r  .     *  . 

plan.  mutual  plan  to  msure  any  person,  firm  or  corporation  against 

loss  or  damage  on  account  of  the  bodily  injury  or  death 
by  accident  of  any  person,  or  against  damage  caused  by  auto- 
mobiles to  property  of  another,  for  which  loss  or  damage 
such  person,  firm  or  corporation  is  responsible.  The  cor- 
poration shall  be  formed  in  the  manner  described  in,  and 
be  subject  to,  the  provisions  of  sections  fifteen  to  twenty, 
inclusive,  of  chapter  one  hundred  and  ten  of  the  Revised 
Laws,  except  as  is  otherwise  provided  herein. 

Section  2.  A  corporation  formed  as  aforesaid  shall  l)e 
subject  to  all  general  laws  now  or  hereafter  in  force  appli- 
cable to  domestic  insurance  companies,  and,  except  as  is 
otherwise  provided  herein,  to  all  general  laws  now  or  here- 
after in  force  applicable  to  mutual  fire  insurance  companies. 
Section  3.  No  policy  shall  be  is.sued  by  a  corporation 
formed  as  aforesaid,  until  insurance  has  been  applied  for, 
the  premiums  for  which  will  amount  to  not  less  than 
one  hundred  thousand  dollars,  and  no  policy  shall  be 
issued  until  a  list  of  the  subscribers  for  such  insurance, 
with  such  other  information  as  the  insurance  commissioner 
may  require,  shall  have  been  filed  in  his  department,  nor 
until  the  j^resident  and  secretary  of  the  company  shall  have 
certified  under  oath  that  every  subs('rii)ti()n  for  insurance 
in  the  list  so  filed  is  genuine  and  made  with  an  agreement 
with  every  subscriber  that  he  will  take  the  insurance  sub- 
scribed for  by  him  within  thirty  days  after  the  granting  of 
a  license  to  the  company  by  the  insurance  commissioner  to 
issue  policies.  If  the  said  officers  sIimII  take  a  false  oath 
relative  to  the  said  certificate  they  siiall  be  guilty  of  per- 


Issuing  of 
policies,  etc. 


Acts,  1911.  — Chaps.  252,  253.  215 

jury.  No  such  corporation  whose  business  becomes  reduced 
so  that  it  has  on  its  books  less  than  one  hundred  thousand 
dollars  of  outstanding  premiums  not  reinsured  shall  make 
any  further  insurance  until  it  has  secured  applications  for 
policies  which,  together  with  the  risks  already  on  its  books 
not  reinsured  shall  amount  to  not  less  than  one  hundred 
thousand  dollars  in  premiums,  said  applications  to  be  sub- 
ject to  the  same  provisions  of  this  section  as  apply  to  the 
subscriptions  for  a  new  insurance  company.  Upon  the  fil- 
ing of  such  application  with  the  insurance  commissioner,  he 
may  make  such  investigation  as  he  deems  proper  and,  if 
his  findings  warrant  it,  grant  a  license  to  such  company 
to  issue  policies.  The  liability  of  any  policy  holder  to  pay 
his  proportional  part  of  any  assessments  which  may  be  laid 
by  the  company,  in  accordance  with  law  and  his  contract, 
on  account  of  losses  and  expenses  incurred  while  he  was  a 
member,  shall  continue  so  long  as  there  are  outstanding 
any  obligations  incurred  while  he  was  such  member.  The 
reserve  which  the  company  shall  maintain  for  outstanding 
losses  shall  be  computed  as  required  by  the  laws  relating 
to  the  reserves  for  outstanding  losses  of  liability  companies. 
Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  6,  1911. 

An  Act  relative  to  mortuaries  in  the  county  of  suf-  Clicm.2^2 

FOLK. 

Be  it  enacted,  etc.,  as  follows: 
Section  1.     The   county   of   Suffolk   shall   provide   and  Mortuaries 

.  .  .  ,  .  p    Ti  "^  ^^^  county 

mamtam  m  suitable  situations  in  the  city  or  Boston  not  of  Suffolk. 
less  than  two  mortuaries,  and  the  expense  of  providing  and 
maintaining  the  same,  including  the  wages  or  salaries  of 
any  attendants,  shall  be  paid  in  the  same  way  in  which 
other  expenses  of  the  county  are  paid. 

Section  2.  This  act  shall  not  take  effect  until  it  has  Time  of 
been  accepted  by  the  mayor  and  city  council  of  the  city  of  *^'''"se 
Boston.  Approved  April  6,  1911. 

An  Act  to  authorize  the  wardens  and  vestry  of  st.  (JJian,253 
George's  episcopal  church  of  lee  to  hold  in  trust 
certain  real  and  personal  property. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The   wardens   and    vestry   of   St.    George's  Wardens  and 
Episcopal  Church  of  Lee  may  hold  in  trust  gifts,  grants,  st!^ Geo*'rge's 


216 


Acts,  1911.  — Chaps.  254,  255. 


chi^r'd? hi         bequests  or  devises  to  said  church  for  the  support  of  pubHc 
Leo  may  woFship  Eud  foF  othcF  pcligious  purposes  to  the  amount  of 

property  in       ()iie   huudrcd   and   fifty   thousand   dollars,   and   they   may 
''^"^*"  receive,  hold  and  manage  all  such  real  and  personal  prop- 

erty, and  may  sell  and  convey  the  same. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Ajjproved  April  G,  1011. 

Chaj)-'^^)^  ^N  Act  to  establish  the  sittings  of  the  superior  court 

FOR   civil   and    criminal   BUSINESS    FOR   THE    COUNTY    OF 
HAMPSHIRE. 

Be  it  enacted,  etc,  as  follows: 

Section  1.  The  paragraph  of  section  twenty-four  of 
chapter  one  hundred  and  fifty-seven  of  the  Revised  Laws 
relative  to  sittings  of  the  superior  court  for  the  county  of 
Hampshire,  being  lines  twenty-seven  to  thirty,  both  inclu- 
sive, is  hereby  amended  by  striking  out  the  words  "for 
civil  business",  in  the  twenty-seventh  line,  and  by  striking 
out  the  words  "for  criminal  business  on  the  second  IMonday 
of  June  and  the  third  Monday  of  December",  in  the  twenty- 
ninth  and  thirtieth  lines,  —  so  as  to  read  as  follows:  — 
For  the  county  of  Hampshire,  at  Northampton,  on  the 
third  Monday  of  February,  the  first  INIonday  of  June  and 
the  third  Monday  of  October. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  6,  1911. 


R.  L.  157, 

§  24, 
amended. 


F5ittings  of 

Superior 

court  for 

Hampshire 

county 

established. 


Jurisdiction 
of  the  United 
States  over 
a  certain 
I  ract  of  land 
lii  Lowell. 


Chaj).2r)^  An  Act  to  confirm  the  jurisdiction  of  the  united 

STATES   OVER  A   TRACT   OF   LAND   IN  THE   CITY   OF   LOWELL 
acquired  FOR  A  POST  OFFICE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  United  States  may  at  any  time  within 
one  year  after  the  passage  of  this  act  file  in  the  office  of 
the  secretary  of  the  commonwealth  a  suitable  plan  of  the 
tract  of  land  in  the  city  of  Lowell  to  which  the  United  States 
has  acquired  title  in  fee,  and  upon  which  a  post  ofiice  has 
been  erected,  and  the  filing  thereof  within  said  time  shall 
be  deemed  to  be  a  sufficient  compliance  with  the  provisions 
of  section  one  of  chapter  forty-three  of  the  acts  of  the  year 
eighteen  hundred  and  se\enty-three,  and  all  acts  in  amend- 
ment thereof  and  in  addition  thereto. 

Section  2.     This  act  shall  take  elVect  upon  its  passage. 

Approved  April  6,  1011. 


Acts,  1911.  — Chap.  256.  217 


An  Act  to  change  and  establish  a  boundary  line  be-  Cha7).256 

TWEEN    the    city    OF    NEW    BEDFORD    AND    THE    TOWN    OF 
DARTMOUTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  is  hereby  set  off  from  the  town  of  Boundary 
Dartmouth  and  annexed  to  and  made  a  part  of  the  city  of  New  Bedford 
New  Bedford  a  certain  tract  of  land  with  its  inhabitants  mouth 
and  all  estates  therein  comprising  eighteen  acres  more  or  *^^*''''''^'*''*^- 
less  of  upland  and  marsh  thus  bounded  and  described,  to 
wit:  —  Beginning  at  the  point  of  intersection  of  the  south 
line  of  Cove  road  in  said  New  Bedford  and  the  east  line  of 
contemplated  Taylor  street  so-called  in  said  Dartmouth; 
thence  running  in  the  south  line  of  Cove  road,  or  the  exist- 
ing boundary  line  between  said  city  and  said  town,  north 
fifty-eight  degrees  thirty-seven  minutes  thirty  seconds  east, 
or  whatever  the  course  may  be,  six  hundred  three  and  forty- 
nine  one  hundredths  feet  to  an  angle  in  said  road;  thence 
still  in  said  boundary  line  north  eighty-one  degrees  three 
minutes  east,  or  whatever  the  course  may  be,  two  hundred 
sixty-five  feet  more  or  less  to  Clarks  cove,  and  thence  con- 
tinuing in  said  existing  boundary  line  into  and  through  the 
waters  of  Clarks  cove  to  the  existing  boundary  line  of  tide 
waters  between  said  town  and  said  city.  Then  starting 
again  at  the  point  of  beginning  and  running  in  the  easterly 
line  of  said  Taylor  street  south  two  degrees  thirty-six  minutes 
west  nine  hundred  seventy-four  and  eighty-seven  one  hun- 
dredths feet  to  the  northerly  line  of  a  proposed  continua- 
tion eastwardly  of  contemplated  Rogers  street  to  be  extended 
in  its  present  course  and  direction  in  said  Dartmouth;  thence 
south  eighty-seven  degrees  eight  minutes  east  in  the  proposed 
continuation  of  the  northerly  line  of  said  contemplated 
Rogers  street  two  hundred  thirty-two  feet  to  Clarks  cove, 
and  thence  continuing  in  the  same  course  into  and  through 
the  waters  of  Clarks  cove  to  the  existing  boundary  line  of 
tide  waters  between  the  said  town  and  said  city  as  established 
by  the  board  of  harbor  and  land  commissioners;  and  thence 
in  said  boundary  line  of  tide  waters  northwardly  to  its 
intersection  with  the  easterly  end  of  the  boundary  line  first 
above  described. 

Section  2.     Said  land  so  set  off  shall  constitute  a  part  Territory  set 
of  the  sixth  ward  of  said  city  and  the  inhabitants  thereof  part^of^vfard 
shall  be  treated  as  inhabitants  of  said   ward   unless  and  Bed^/ord!^ 
until  a  new  division  of  the  wards  of  said  city  is  made. 


218 


Acts,  1911.  — CuAr.  257. 


Payment  of 
arrearages 
of  taxes,  etc. 


Support  of 
paupers,  etc. 


Section  3.  The  inhabitants  and  the  estates  within  the 
territory  hereby  annexed  to  the  city  of  New  Bedford  and 
the  owners  of  said  estates  shall  pa}'  to  the  town  of  Dartmouth 
all  arrearages  of  taxes  which  have  been  and  shall  be  legally 
assessed  upon  them  before  this  act  takes  effect,  and  shall 
pay  also  until  the  next  state  valuation  such  proportion  of 
the  state  and  county  taxes  as  it  may  be  legally  incumbent 
upon  them  to  pay,  and  said  taxes  may  be  collected  in  the 
same  manner  as  if  the  territory  herebj'  annexed  to  said  city 
still  remained  a  part  of  the  town  of  Dartmouth. 

Section  4.  The  city  of  New  Bedford  shall  be  liable  for 
the  support  of  all  persons  who  now  stand  or  hereafter  shall 
stand  in  need  of  relief  as  paupers  whose  settlement  has  been 
gained  whether  by  original  acquisition  or  derivation  or  in 
any  other  manner  within  the  territory  hereby  annexed  to 
the  city  of  New  Bedford. 

Section  5.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  6,  1911. 


New  Kngland 
Boy  Scouts, 
Incorporated. 


Chap.257  An  Act  to  incorporate  the  new^  England  boy  scouts, 

incorporated. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Everett  F.  McLean,  Edwin  R.  Short,  George 
S.  Barton,  Charles  H.  Thompson,  Junior,  Charles  Urling, 
Ernest  W.  Gay  and  J.  Van  Neice  Bandy,  their  associates  and 
successors,  are  hereby  made  a  corporation  by  the  name  of 
the  New  England  Boy  Scouts,  Incorporated,  to  be  located 
in  the  city  of  Boston,  for  the  purpose  of  the  mental,  moral 
and  physical  training  of  boys,  inculcation  of  obedience  and 
loyalty  to  parents,  superiors  and  em])l()yers,  the  protection 
of  girls  and  women,  and  fealty  to  country  and  flag;  with 
power  to  create  branches  throughout  the  United  States  to 
carry  out  the  said  purposes.  The  corporation  shall  be  sub- 
ject to  the  provisi(Mis  of  all  general  laws  now  or  hereafter 
in  force  ai)i)rK'able  to  cor{)orations  organized  for  similar 
pin'])<)sos,  so  far  as  such  laws  are  not  inconsistent  iierewith. 

Section  2.     This  act  shall  take  elVect  upon  its  passage. 

Approved  April  0,  1911. 


Acts,  1911.  — CnArs.  258,  259,  260.         .  219 


An  Act  relative  to  call  men  in  the  fire  department  Chap.2^8 
OF  the  city  of  fall  river. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.     Call  men  in  the  fire  department  of  the  city  Caiimenin 
of  Fall   River  may   be  promoted   and   become  permanent  department 
members  of  the  department  without  civil  service  examina-  j^emianem'''' 
tion,  provided  that  they  shall  pass  such  physical  examination  members,  etc. 
as  may  be  prescribed  by  the  board  of  fire  commissioners 
of  the  said  city.     But  this  act  shall  apply  only  to  call  men 
now  in  the  said  department,  and  it  shall  become  void  five 
years  after  its  passage. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  10,  1911. 

An  Act  to  establish  the  salary  of  the  court  officer  (JJiQfp  259 
in  attendance  at  the  municipal  court  of  the  west 
roxbury  district  of  the  city  of  boston. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  court  officer  in  attendance  at  the  munici-  ^^''"^f^^^ 
pal  court  of  the  West  Roxbury  district  of  the  city  of  Boston  of  municipal 
shall  receive  an  annual  salary  of  thirteen  hundred  dollars,  Roxburv 
to  be  paid  from  the  treasury  of  the  county  of  Suffolk  in  established. 
monthly  instalments,  in  full  for  all  services  performed  by 
him,  and  to  be  so  allowed  from  the  first  day  of  January 
in  the  current  year. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Aj) proved  April  10,  1911. 

An  Act  to  authorize  the  county  of  franklin  to  pay  Chcm.'2i(S0 

an  annuity  to   the   WIDOW   OF   EMMETT   F.   HASKINS. 

Be  it  enacted,  etc.,  as  follows: 

The  county  of  Franklin  is  hereby  authorized  to  pay  an  Matilda  c. 
annuity  of  three  hundred  dollars,  beginning  with  the  first  ^'*^'""^- 
day  of  January,  nineteen  hundred  and  eleven,  to  Matilda 
C.  Haskins  of  Charlemont,  on  account  of  the  death  of  her 
husband,  Emmett  F.  Haskins  of  Charlemont,  who  was 
killed  while  in  the  discharge  of  his  duty  as  a  deputy  sheriff 
for  the  said  county  in  the  service  of  a  warrant  for  the  arrest 
of  a  person  charged  with  a  capital  crime.     The  said  annuity 


220 


Acts,  1911.  —  Chaps.  261,  262. 


shall  continue  for  the  term  of  ten  years  but  shall  cease  in 
case  the  said  Matilda  C.  Haskins  shall  remarry  before  the 
expiration  of  that  time.  Approved  April  10,  1911. 

Chap.261  An  Act  to  authorize  certain  churches  to  admit  finan- 
cial SUPPORTERS  TO  ASSOCIATE  MEMBERSHIP  UNDER  CER- 
TAIN  RESTRICTIONS. 


R.  L.  36,  §  52, 
amended. 


Membership, 
etc.,  of 
church. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  fifty-two  of  chapter  thirty-six  of  the 
Revised  Laws  is  hereby  amended  by  adding  at  the  end 
thereof  the  words:  —  but  any  such  corporation  may,  upon 
such  conditions  as  it  may  from  time  to  time  prescribe,  admit 
any  regular  financial  supporters  of  the  church  to  associate 
membership,  with  a  vote  upon  financial  questions  only: 
provided,  however,  that  no  action  of  a  meeting  in  which  asso- 
ciate members  shall  have  taken  part,  looking  to  the  reduc- 
tion of  a  minister's  salary  or  the  alienation  of  church 
property,  shall  be  valid  until  the  same  has  been  ratified 
by  a  meeting  of  church  members  only,  or  until  sixty  days 
shall  have  elapsed  without  a  written  request  of  ten  church 
members  for  such  a  meeting,  —  so  as  to  read  as  follows:  — 
Section  52.  None  but  members  of  such  church  shall  be 
members  of  such  corporation,  and  only  resident  members 
of  full  age  shall  vote;  but  any  such  corporation  may,  upon 
such  conditions  as  it  may  from  time  to  time  prescribe,  admit 
any  regular  financial  supporters  of  the  church  to  associate 
membership,  with  a  vote  upon  financial  questions  only: 
provided,  however,  that  no  action  of  a  meeting  in  which  asso- 
ciate members  shall  have  taken  part,  looking  to  the  reduc- 
tion of  a  minister's  salary  or  the  alienation  of  church  j)rop- 
erty,  shall  be  valid  until  the  same  has  been  ratified  by  a 
meeting  of  church  members  only,  or  until  sixty  days  shall 
have  elapsed  without  a  written  rec|uest  of  ten  church  mem- 
bers for  such  a  meeting. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  10,  1911. 

Cliaj).2Qi>2i  An  Act  reiative  to  the  construction,  alteration,  re- 
pair, maintenance  and  use  of  buildings  in  the  city 
of  springfield. 

Be  it  enacted,  etc.,  a.v  follows: 

1910,  r?49,  Section  four  of  chantiM-  three  hnndnvl  and  fortv-nine  of 

the  acts  of  the  year  nineteen   luindred   and  ten  is  hereby 


Proviso. 


Acts,  1911.  — Chap.  263.  221 

amended  by  striking  out  the  words  "and  wiring",  in  the 
second  Hne,  and  by  adding  at  the  end  thereof  the  follow- 
ing: —  and  the  inspection  and  supervision  of  wiring  and  gas 
piping  within  any  building  or  structure  or  relating  thereto 
may  also  by  ordinance  be  placed  under  the  supervision  and 
control  of  said  department,  —  so  as  to  read  as  follows :  — 
Section  4'     The  said  city  may  provide  by  ordinance  that  the  inspection, 
inspection  and  supervision  of  plumbing  shall  be  under  the  plumbing  in 
supervision  and  control   of  the  building  department;    and  springfieid. 
the  inspection  and  supervision  of  wiring  and  gas  piping 
within  any  building  or  structure  or  relating  thereto  may 
also  by  ordinance  be  placed  under  the  supervision  and  con- 
trol of  said  department.  Approved  April  10,  1911. 

An  Act  relative  to  the  specifications  to  be  furnished  (jj^i^j  263 

TO   WEAVERS   IN   COTTON   FACTORIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  hundred  and  sixteen  of  chapter  1909,514, 
five  hundred  and  fourteen  of  the  acts  of  the  year  nineteen  amended. 
hundred  and  nine  is  hereby  amended  by  inserting  after  the 
word  "inch",  in  the  ninth  line,  the  words:  —  width  of  loom, 
width  of  cloth  woven  in  the  loom,  —  so  as  to  read  as  fol- 
lows: —  Section  116.     The   occupier  or  manager  of  every  Specifications 

,       ,  .1      n       .  Ill,'  1  1  and  rates  of 

textile  factory  shall  post  in  every  room  where  any  employees  compensation 
work  by  the  job,  in  legible  writing  or  printing,  and  in  suffi-  Intex^e*^*^ 
cient  numbers  to  be  easily  accessible  to  such  employees,  factories. 
specifications  of  the  character  of  each  kind  of  work  to  be 
done  by  them,  and  the  rate  of  compensation.  Such  speci- 
fications in  the  case  of  weaving  rooms  shall  state  the  intended 
and  maximum  length  of  a  cut  or  piece,  the  count  per  inch 
of  reed,  and  the  number  of  picks  per  inch,  width  of  loom, 
width  of  cloth  woven  in  the  loom,  and  the  price  per  cut  or 
piece,  or  per  pound;  or,  if  payment  is  made  per  pick  or 
per  yard,  the  price  per  pick  or  per  yard;  and  each  warp 
shall  bear  a  designating  ticket  or  mark  of  identification. 
In  roving  or  spinning  rooms,  the  number  of  roving  or  yarn 
and  the  price  per  hank  for  each  size  of  machine  shall  be 
stated;  and  each  machine  shall  bear  a  ticket  stating  the 
number  of  the  roving  or  yarn  made  upon  it.  The  maxi- 
mum length  of  a  cut  or  piece  shall  not  exceed  three  per 
cent  of  its  intended  length;  but  if  it  appears  that  a  varia- 
tion in  excess  of  the  amount  hereinbefore  set  forth  has 
been  caused  in  whole  or  in  part  by  any  weaver  in  the  employ 


222 


Acts,  1911.  — Chaps.  264,  265. 


of  any  person  charged  with  the  violation  of  this  act,  this 
sliall  be  deemed  a  sufficient  defence  to  a  prosecution. 

Section  2.     This  act  shall  take  efl'ect  upon  its  passage. 

Approved  April  10,  J  OIL 


R.  L.  75, 
§  63,  etc., 
amended. 


C7/a/j.264  An  Act  to  provide  for  the  licensing  and  regulation 

OF  lying-in  hospitals  in  cities  and  towns. 

Be  it  enacted,  etc.,  as  follows: 

Section  sixty-two  of  chapter  seventy-five  of  the  Revised 
Laws,  as  amended  by  chapter  five  hundred  and  sixty-nine 
of  the  acts  of  the  j^ear  nineteen  hundred  and  ten,  is  hereby 
further  amended  by  inserting  after  the  word  "person",  in 
the  second  line,  the  words:  —  body  or  association  of  per- 
sons, incorporated  or  unincorporated,  whether  for  a  chari- 
tal)le  purpose  or  otherwise,  —  so  as  to  read  as  follows:  — 
Section  62.  The  state  board  of  charity  may  issue  a  license, 
subject  to  revocation  by  it,  to  a  person,  body  or  association 
of  persons,  incorporated  or  unincorporated,  whether  for  a 
charitable  purpose  or  otherwise,  whom  it  deems  suitable 
and  responsible  to  establish  or  keep  for  two  years  within 
a  city  or  town  of  this  commonwealth,  a  l^ing-in  hospital, 
hospital  ward  or  other  place  for  the  reception,  care  and  treat- 
ment of  women  in  labor,  if  the  local  board  of  health  shall 
first  certify  to  the  state  board  of  charity  that,  from  its 
inspection  and  examination  of  such  hospital,  hospital  ward 
or  other  place  aforesaid,  the  same  is  suitable  for  the  said 
purpose.  Approved  April  10,  1911. 


Licensing, 
etc.,  of 
lying-in  hos- 
pitals. 


Chap.2ij5  An  Act  to  ppvOiiibit  the  use  of  solitary  confinement 

ROOMS  OR  cells  IN  JUVENILE  REFORMATORY  SCHOOLS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  It  shall  be  unlawful  for  the  officers  of  any 
juvenile  reformatory  school  to  place  an  inmate  in  any  cell, 
room  or  cage  in  solitary  confinement.  AYhenever  restraint 
or  separation  from  the  other  inmates  is  necessary,  confine- 
ment shall  be  i)ennitted  only  in  a  place  where  the  inmate 
is  under  tiie  constant  super\ision  of  an  officer  of  the  school. 

Section  2.     This  act  shall  take  efl'ect  ujK)n  its  passage. 

Approved  April  10,  1911. 


Solitary  con- 
fincnient  in 
juvenile 
I'efonnatory 
schools  pro- 
liibitcd. 


Acts,  1911.  — Chap.  2(36.  223 


An  Act  relative  to  the  manufacture  and  sale  of  tur-  (JJki^j  266 

PENTINE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     No  person,  firm  or  corporation  shall  mann-  Manufacture 

n       .  •        p  1  IV  I'  1  1  •       and  sale  of 

lactiu'e,  mix  lor  sale,  oner  or  expose  tor  sale,  or  have  in  turpentine 
])ossession  with  intent  to  sell,  or  sell  under  the  name  of  ""^suiated. 
turpentine,  or  spirits  of  turpentine,  or  under  any  name  or 
phrase  of  which  the  word  turpentine  forms  a  part,  or  under 
any  name  or  device  illustrating  or  suggesting  turpentine, 
or  spirits  of  turpentine,  any  article  which  is  not  wholly  dis- 
tilled from  rosin,  turpentine  gum,  or  scrapings  from  pine 
trees,  unmixed  and  unadulterated  with  oil,  benzine,  or  any 
other  substance  of  any  kind  whatsoever,  unless  the  package 
containing  the  same  shall  be  stencilled  or  marked  with 
letters  not  less  than  two  inches  high  and  one  inch  in  width, 
"Adulterated  Spirits  of  Turpentine",  except  that  these  let- 
ters upon  packages  of  one  gallon  capacity,  or  less,  may 
be  reduced  to  one  fourth  of  the  said  size.  Nor  shall  any 
person,  firm  or  corporation  sell  or  deliver  such  adulterated 
spirits  of  turpentine  without  informing  the  purchaser  at 
the  time  of  sale  that  the  article  is  not  pure  spirits  of  tiu- 
pentine.  Nothing  herein  contained  shall  be  construed  as 
prohibiting  the  manufacture  or  sale  of  any  such  compound 
or  imitation,  provided  that  the  container  shall  be  plainly 
marked  and  the  purchaser  notified  as  aforesaid. 

Section  2.     The    district    police    and    all    local    police  Enforcement 
authorities  in  the  commonwealth  are  hereby  charged  with  °  ^'^'' 
the  enforcement  of  this  act. 

Section  3.  The  provisions  of  chapter  four  hundred  and  vfs^o^i"^'/''' 
ninety-five  of  the  acts  of  the  year  nineteen  hundred  and  '^w  to  apply. 
ten  shall  apply  to  the  provisions  of  this  act. 

Section  4.  Any  person,  firm  or  corporation  who  violates  Penalties, 
any  of  the  provisions  of  this  act  shall  be  liable  to  a  penalty 
of  one  hundred  dollars  for  the  first  oftence,  and  a  penalty  of 
two  hundred  dollars  for  the  second  offence,  and  a  penalty 
of  five  hundred  dollars  and  imprisonment  for  a  period  not 
exceeding  thirty  days  or  both,  at  the  discretion  of  the  court, 
for  the  third  oft'ence. 

Section  5.     All  acts  and  parts  of  acts  inconsistent  here-  Repeal, 
with  are  hereby  repealed  as  regards  turpentine. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  10,  1911. 


224 


Acts,  1911.  — Chap.  267. 


Certain 
wire.s,  etc.,  in 
tiio  city  of 
Beverly  to 
he  removed 
or  placed 
under  ground. 


Chap.^lOn  An  Act  relative  to  wires  and  electric  appliances  in 

THE   CITY   OF   BEVERLY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  mayor  of  the  city  of  Beverly  may 
appoint  an  officer  or  officers,  hereinafter  called  "the  com- 
mission", who  shall  have  exclusive  authority  to  cause  to 
be  removed  from  the  public  waj's  or  places  of  the  city  within 
the  district  hereinafter  prescribed  all  wires,  cables,  and  con- 
ductors in  or  above  said  ways  or  places,  and  all  poles  and 
other  structures  in  the  same  used  for  the  support  of  such 
wires,  cables,  and  conductors,  except  such  wires,  cables, 
conductors,  poles  and  structures  as  are  hereinafter  excepted, 
and  to  cause  all  wires,  cables,  and  conductors  within  said 
district  to  be  placed  and  operated  underground  in  accord- 
ance with  the  provisions  of  this  act.  It  shall  be  the  duty 
of  such  commission,  and  it  shall  have  exclusive  authority, 
to  grant  all  necessary  permits  for  such  wires,  cables  and  con- 
ductors which  are  to  be  placed  and  operated  underground 
as  aforesaid;  and  it  shall  be  the  duty  of  the  superintendent 
of  highways  and  sewers,  and  he  shall  have  exclusive  authority, 
to  issue  proper  permits  for  the  opening  and  occupying  of 
such  ways  or  places  as  may  be  necessary'  to  carry  out  the 
intent  of  this  act,  upon  the  application  of  the  commission, 
or  of  any  person  or  corporation  interested. 

Section  2.  Said  commission  shall  in  each  January  after 
the  passage  of  this  act,  until  the  work  herein  I)ro^•ided  for 
is  completed,  prescribe  and  give  public  notice  thereof  in  at 
least  one  daily  newspaper  in  said  city  by  advertisement 
therein  twice  a  week  for  two  successive  weeks,  a  portion 
of  the  following  public  ways  and  places  in  said  city,  to  wit: 
—  Cabot  street  from  the  Salem-Beverlv  bridge  to  Herrick 
street,  Rantoul  street  from  Cabot  street  to  Cabot  street. 
Railroad  avenue  from  Cabot  street  to  Park  street,  Broad- 
way from  Cabot  street  to  Park  street,  Bow  street  from 
Cabot  street  to  Rantoul  street,  Federal  street  from  Cabot 
street  to  Rantoul  street,  Elliott  street  from  Cabot  street  to 
Rantoul  street,  Stone  street  from  Cabot  street  to  Lothrop 
street,  Bartlett  street  from  Cabot  street  to  Stone  street, 
Washington  street  from  Cabot  street  to  Lothrop  street, 
Tliorndike  street  from  Cabot  street  to  Lothrop  street,  Abbott 
street  from  Cabot  street  to  Lotlu-o]!  street,  Monmnent  square, 
Hale  street  from  Cabot  street  to  East  Corning  street,  Essex 


To  apply  to 
certain 
streets,  etc. 


Acts,  1911.  — Chap.  2G7.  225 

street  from  Cabot  street  to  Peabody  avenue,  Knowlton  street 
from  Cabot  street  to  Dane  street,  Dane  street  from  Cabot 
street  to  Lothrop  street,  Ober  street  from  Hale  street  to  the 
shore,  Neptune  street  from  Ober  street  to  Corning  street, 
Pleasant  street  from  Cabot  street  to  River  street.  Pond 
street  from  Cabot  street  to  Rantoul  street.  Central  street 
from  Cabot  street  to  Lothrop  street,  Atlantic  avenue  from 
Hale  street  to  Lothrop  street,  Lothrop  street  from  Stone 
street  to  Hale  street,  Lovett  street  from  Bartlett  street  to 
Ocean  street.  West  Dane  street  from  Rantoul  street  to  Cabot 
street,  Judson  street.  Highland  avenue  entire,  Roundy 
street  from  Cabot  street  to  Rantoul  street,  Winter  street, 
—  within  which  portion  all  wires,  cables  and  conductors, 
except  such  as  are  hereinafter  excepted,  shall,  during  that 
calendar  year  be  removed  or  placed  underground,  but  the 
total  extent  of  such  portion  so  prescribed  shall  not  comprise 
in  the  first  year,  beginning  in  January  following  the  pas- 
sage of  this  act,  more  than  one  mile  of  public  ways  and 
places,  nor  in  each  calendar  year  thereafter  more  than  two 
miles,  according  to  linear  surface  measurement;  and  said 
commission  shall  cause  the  owners  or  users  of  such  wires, 
cables  or  conductors  to  remove  or  place  them  underground, 
and  also  to  remove  any  poles  or  structures  used  to  support 
such  wires,  cables  or  conductors  in  the  public  ways  and 
places,  or  portions  thereof,  in  any  such  prescribed  portion 
of  such  section,  except  when  in  the  judgment  of  said  com- 
mission it  is  impracticable  or  inexpedient  to  remove  any 
such  wires,  cables,  conductors,  poles  or  structures:  provided,  Proviso. 
however,  that  no  one  person  or  corporation  shall  be  required 
to  expend  more  than  thirty-five  thousand  dollars  during  the 
year  nineteen  hundred  and  twelve  or  more  than  twenty-five 
thousand  dollars  in  any  one  of  the  years  nineteen  hundred 
and  thirteen  to  nineteen  hundred  and  twenty,  inclusive, 
under  the  provisions  of  this  section  or  any  other  pro- 
visions of  this  act;  it  being,  nevertheless,  the  purpose  of 
this  act  to  cause  the  removal  from  the  above  named  public 
ways  and  places  of  said  city  prior  to  the  first  day  of  Janu- 
ary, nineteen  hundred  and  twenty-two,  of  all  such  wires, 
cables,  conductors,  and  all  poles  or  structures  used  for  the 
support  of  such  wires,  cables  and  conductors,  not  herein 
expressly  excepted,  so  far  as  in  the  judgment  of  said  com- 
mission the  same  is  practicable  and  expedient;  and  every 
owner  or  user  of  such  wires,  cables  and  conductors,  poles 
or  structures  shall,  prior  to  said  first  day  of  January,  nine- 


22G 


Acts,  1911.  — Chap.  267. 


No  person, 
corporation, 
etc.,  to  place 
any  poles, 
etc.,  in  the 
said  streets 
except  tem- 
porarily, etc. 


Pulilic 
notice  to  be 
given,  etc. 


teen  hinulred  and  twenty-two,  remove  or  place  the  same 
underground  in  accordance  with  the  provisions  of  this  act; 
and  it  shall  be  the  duty  of  the  commission  to  enforce  com- 
pliance with  the  provisions  of  this  section.  The  estimates, 
contracts  and  expenditures,  of  the  persons  or  corporations 
affected  by  this  act,  relative  to  the  doing  of  the  work  herein 
provided  for,  shall,  at  all  reasonable  times,  be  open  to  the 
examination  and  inspection  of  the  commission. 

Section  3.  After  such  portion  of  said  i)ublic  ways  and 
places  shall  have  been  ])rescribed  as  aforesaid,  no  person, 
firm  or  cori)oration  shall  place  any  poles  or  other  structures 
for  the  support  of  wires,  cables  or  conductors,  except  those 
herein  expressly  excepted,  in  any  way  or  place,  or  portion 
thereof,  thus  prescribed,  except  temporarily,  and  with  the 
consent  of  the  commission;  and  if  after  the  expiration  of 
that  calendar  year  there  shall  remain  in  such  ways  or  places, 
or  portions  thereof,  any  j)oles  or  structures,  wires,  cables  or 
conductors  which  under  the  provisions  of  this  act  should 
have  been  removed  or  placed  underground,  the  said  com- 
mission shall  cause  the  same  to  be  removed  forthwith,  and 
the  said  city  may  collect  the  expenses  of  such  removal  from 
the  owners  or  users  by  an  action  at  law,  provided  that  there 
was  no  unreasonable  delay  in  the  issuance  of  the  necessary 
permits  by  the  })roper  authorities. 

Section  4.  Whenever  it  shall  be  determined  by  the 
municipal  authority  authorized  to  lay  out,  pave  or  repave, 
any  of  the  ways  or  places  named  in  section  two,  or  portions 
thereof,  during  the  })eri()(l  in  which  the  purposes  of  this  act 
are  being  carried  out,  })ublic  notice  thereof  shall  be  given 
by  said  commission  in  the  manner  pro^'ided  in  section  two 
of  this  act,  before  the  beginning  of  said  work,  and  any  per- 
son or  corporation  duly  authorized  by  law  at  the  time  to 
lay  or  erect  or  maintain  wires  in  said  ways  and  j^laces,  shall, 
if  so  ordered  by  said  connnission,  ])lace  liis  or  its  i)ii)es, 
conduits,  wires,  cables  and  conductors  luiderground  through 
said  ways  or  {)laces,  or  portions  thereof,  and  remo\e  any 
poles  or  structures  used  therein  to  support  said  w  ires,  cables 
or  conductors  within  such  time  as  shall  be  specified  in  said 
notice;  and  thereafter  no  person,  firm  or  coqioration  shall 
place  any  wires,  ])()les  or  other  structures  in  or  above,  or, 
without  the  express  permission  of  the  mayor  and  aldermen 
of  said  city,  lay  any  pipes,  conduits,  wires,  cables  or  con- 
ductors through  said  ways  or  public  jilaces,  or  portions 
thereof,  except  as  especially  exceptetl  by  this  act:  but  this 


Acts,  1911.  — Chap.  267.  227 

provision  shall  not  be  construed  to  prevent  any  such  per- 
son, firm  or  corporation  from  thereafter,  upon  receiving  a 
permit  in  accordance  with  the  ordinances  of  said  city,  mak- 
ing necessary  repairs  or  service  connections  with  conduits, 
pipes,  wires,  cables  or  conductors  in  such  ways  or  places, 
or  drawing  wdres  or  cables  into  the  conduits  constructed 
therein. 

Section  5.  Upon  application  of  any  person,  firm  or  cor-  Permission 
poration  duly  authorized  by  law  to  lay,  erect  or  maintain,  removal  of 
and  maintaining  w'ires  in  the  ways  of  said  city,  the  commis-  ^avbe'^''^ ' 
sion  may  grant  permission,  after  due  hearing,  for  the  removal  granted  in 

„  *'    °  ,  .  ,  ,  ,  ,  certain  cases, 

of  any  sucli  wires,  cables,  conductors,  poles  or  structures  etc. 
within  any  of  the  ways  or  places  named  in  section  two  and 
not  prescribed  in  any  year,  or  within  ways  or  places  of  said 
city  outside  those  so  specified  in  section  tv.o,  and  for  the  plac- 
ing of  the  same  and  any  other  necessary  w^ires,  cables  and 
conductors,  and  any  extensions  thereof  underground  as  herein 
provided;  and  it  shall  be  the  duty  of  the  superintendent  of 
highways  and  sewers,  after  the  granting  of  said  permission, 
to  issue  all  permits  for  opening  and  occupying  the  ways  of 
said  city  which  may  be  necessary  to  carry  out  the  intent  of 
the  foregoing  provision,  upon  the  application  of  said  com- 
mission or  of  any  person  or  corporation  interested.  Said 
commission  may  also,  after  public  notice  and  hearing  as 
required  by  law,  grant  locations  for  such  additional  poles 
and  wires  for  local  distribution  from  underground  wires, 
cables  or  conductors  as  may  become  reasonably  necessary 
by  reason  of  work  done  under  the  provisions  of  this  act, 
specifying  where  such  poles  may  be  located  and  the  kind 
of  poles  to  be  used. 

Section  6.  When  any  person,  firm  or  corporation  oper-  Maps  to  be 
ating  or  intending  to  operate  wires,  cables  or  conductors  in  fain  cases! 
said  section  of  said  city  shall  desire,  or  be  required,  to  place 
the  same  underground  in  any  of  the  streets,  avenues  or 
highways  of  said  section,  and  for  that  purpose  to  remove 
the  same  from  above  the  surface  thereof,  and  shall  have  been 
duly  authorized  so  to  do,  it  shall  be  obligatory  upon  such 
person,  firm  or  corporation  to  file  with  said  commission  a 
map  or  maps  made  to  scale,  showing  the  streets,  avenues 
or  other  highways  which  are  desired  or  required  to  be  used 
for  such  purpose,  and  giving  the  location,  dimensions  and 
courses  of  the  underground  conduit  or  conductor  which  is 
to  be  constructed;  and  said  map  or  maps  so  filed  shall  be 
approved  in  writing  by  the  city  engineer,  before  a  permit 


228 


Acts,  1911.  — Chap.  267. 


Commission 
may  abate 
or  remove 
danger  which 
may  result 
from  failure 
to  act  by 
iiuthorities, 
etc. 


Statement  to  be 
filed  with  the 
commission. 


Not  to  apply 
to  certain 
wires,  etc. 


Ordinances. 


Boiird  of 
app.al. 


shall  be  issued  by  the  proper  authorities  to  open  such  streets, 
avenues  or  highways  for  the  purposes  of  this  section. 

Section  7.  Said  commission,  in  case  of  the  neglect  or 
refusal  of  any  person,  firm  or  corporation  to  comply  with 
any  requirements  made  by  said  commission  under  author- 
ity of  this  act,  may  proceed  in  a  summary  manner  to  abate 
or  remove  any  danger  which  it  deems  likely  to  result  from 
the  failure  to  comply  with  the  said  requirements.  The  com- 
mission shall  also  have  power  in  its  discretion,  either  gener- 
ally or  in  particular  cases,  to  extend  the  time  prescribed  for 
carrying  out  any  of  the  work  prescribed  by  this  act,  but 
the  time  for  the  completion  of  the  work  shall  not  be  extended 
beyond  January  first,  nineteen  hundred  and  twenty-two, 
without  the  approval  of  the  mayor  and  board  of  aldermen. 

Section  8..  All  persons,  firms  or  corporations  owning  or 
operating  electrical  wires,  cables  or  conductors  in  said  city 
shall  on  or  before  September  first  in  the  year  nineteen  hun- 
dred and  eleven,  file  with  the  said  commission  a  statement 
of  the  number  and  general  location  of  all  their  electrical 
conduits,  wires,  cables  and  conductors,  poles  and  structures 
within  the  streets,  ways,  and  public  places  named  in  section 
two  of  this  act. 

Section  9.  This  act  shall  not  apply  to  railway  trolley, 
guard  or  span  wires,  or  poles  or  structures  used  exclusively 
for  the  support  thereof,  or  to  posts  for  the  support  of  lamps 
exclusively,  or  to  poles  used  exclusively  for  local  distribu- 
tion from  underground  wires,  cables  or  conductors,  or  to 
long  distance  telephone  wires;  nor  shall  it  revoke  any  rights 
already  gi  anted  to  any  person,  firm  or  corporation  to  place 
or  maintain  any  conduits,  pipes,  wires  or  cables  or  con- 
ductors underground,  but  all  such  conduits,  pipes,  wires, 
cables  or  conductors  laid  hereafter  in  pursuance  of  any 
such  grant  shall  be  laid  subject  to  the  provisions  of  this 
act  not  inconsistent  with  the  terms  of  said  grant.  For  the 
purposes  of  this  act  no  wire  shall  l)e  deemed  a  long  distance 
telephone  wire  which  does  not  extend  twenty-five  miles  at 
least  in  a  direct  line  from  the  central  telephone  office  of  said 
city. 

Section  10.  The  city  council  of  said  city  may  make 
such  ordinances  not  inconsistent  with  the  pro\isions  of  this 
act  as  may  be  necessary  or  expeilient  to  carry  into  efl'ect 
the  purpose  of  this  act. 

Section  11.  The  mayor  :uid  aldermen  of  said  city  shall 
constitute  a  board  of  appeal,  to  wliitli  petitions  in  writing 


Acts,  1911.  — Chap.  268.  229 

may  be  presented  by  any  person,  firm  or  corporation  ag- 
grieved by  any  act  or  decision  of  said  commission  done  or 
made  in  pursuance  of  this  act.  Such  petition  shall  set  forth 
the  specific  grievance  or  grievances  relied  upon,  and  shall 
be  filed  with  the  citv  clerk  within  ten  davs  after  the  act 
or  decision  alleged  to  cause  the  grievance,  and  said  board, 
upon  giving  due  public  notice  to  all  parties  interested,  shall 
give  a  hearing  thereon,  and  may  either  approve  or  revoke 
or  modify  such  act  or  decision. 

Section  12.     The  supreme  judicial  court,  or  any  justice  Enforcement 
thereof,   and   the   superior  court   and   any  justice  thereof,  "^^p™^'*'""^- 
shall,  on  petition  of  said  commission,  have  jurisdiction  in 
equity  to  enforce  the  provisions  of  this  act,  or  any  order 
of  the   commission   issued  under  authority  hereof,  and  to 
compel  compliance  therewith. 

Section  13.     This  act  shall  take  effect  upon  its  passage. 

Aj) proved  April  10,  1911. 

An  Act  relative  to  attendance  upon  the  public  schools.  (7/^^^  268 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  three  of  chapter  forty-four  of  the  r.  l.  44,  §  3, 
Revised   Laws   is   hereby  amended   by  inserting  after  the  ^^^^ 
word  "resides",  in  the  third  line,  the  words:  —  if  he  is  with- 
out  parent   or   guardian,  —  so   as   to   read   as   follows:  — 
Section  3.     Every  child  shall  have  the  right  to  attend  the  where 
public  schools  in  the  city  or  town  in  which  his  parent  or  attend^schoou 
guardian  has  a  legal  residence  or  in  which  the  child  himself 
actually  resides,  if  he  is  without  parent  or  guardian,  subject 
to  such  reasonable  regulations  as  to  the  numbers  and  quali- 
fications of  pupils  to  be  admitted  to  the  respective  schools 
and  as  to  other  school  matters,  as  the  school  committee 
shall  from  time  to  time  prescribe.     No  child  shall  be  excluded 
from  a  public  school  of  any  city  or  town  on  account  of  race, 
color  or  religion. 

Section  2.  Section  four  of  said  chapter  forty-four,  as  R.  l.  44,  §  4, 
amended  by  chapter  three  hundred  and  seventy-five  of  the  amended, 
acts  of  the  year  nineteen  hundred  and  five,  is  hereby  further 
amended  by  inserting  after  the  word  "child",  in  the  second 
line,  the  words:  —  whose  parent  or  guardian  has  a  legal 
residence  within  the  commonwealth,  —  and  by  inserting 
after  the  words  "pay  for  said  tuition",  in  the  fifteenth  line, 
the  words:  —  A  child  whose  parent  or  guardian  has  no 
legal  residence  in  the  commonwealth  may  be  permitted,  in 


230 


Acts,  1911.  — Ciiap.  268. 


Attendance 
iit  schools  in 
jdaces  other 
than  resi- 
dence of 
parents  or 
Kuardians 
regulated, 
etc. 


the  discretion  of  the  school  committee  in  charge,  to  attend 
the  schools  of  any  city  or  town  on  payment  as  tuition  of 
an  amount  not  less  than  the  average  cost  of  education  per 
pupil  in  the  school  which  the  said  child  attends,  —  so  as 
to  read  as  follows:  —  Section  4-  If  a  child,  whose  parent 
or  guardian  has  a  legal  residence  within  the  commonwealth, 
resides  in  a  city  or  town  other  than  that  of  the  legal  resi- 
dence of  his  parent  or  guardian,  and  in  the  oj)inion  of  the 
school  committee  of  the  said  city  or  town  such  residence 
is  for  the  purpose  of  there  attending  school  in  preference 
to  the  place  of  the  legal  residence  of  his  parent  or  guardian, 
the  said  city  or  town  may  recover  from  the  parent  or  guardian 
for  the  tuition  of  said  child,  while  there  attending  school, 
subject  to  appeal  to  the  probate  court,  an  amount  equal 
to  the  average  expense  of  such  school  for  each  pupil  during 
the  preceding  year,  for  a  period  equal  to  the  time  during 
which  the  child  so  attends,  unless  the  city  or  town  in  which 
the  parent  or  guardian  resides  is  required  by  section  three 
of  chapter  forty-two  to  pay  for  said  tuition.  A  child  whose 
parent  or  guardian  has  no  legal  residence  in  the  common- 
wealth may  be  permitted,  in  the  discretion  of  the  school 
committee  in  charge,  to  attend  the  schools  of  any  city  or 
town  on  payment  as  tuition  of  an  amount  not  less  than  the 
average  cost  of  education  per  pu])il  in  the  school  which  the 
said  child  attends.  For  the  tuition  in  the  public  schools  in 
any  city  or  town  of  a  child  between  the  ages  of  five  and  fif- 
teen years  who  shall  be  placed  elsewhere  than  in  his  own 
home  by  the  state  board  of  charity,  or  by  the  trustees  of 
the  Lyman  and  industrial  schools,  or  kept  under  the  control 
of  either  of  said  boards  in  said  city  or  town,  the  common- 
wealth shall  pay  to  said  city  or  town,  and  for  such  tuition 
of  any  such  child  so  placed  by  the  trustees  for  children  of 
the  city  of  Boston,  or  so  kept  luider  the  control  of  said 
trustees,  the  city  of  Boston  from  its  a])proi)riation  for  school 
purposes,  shall  pay  to  said  city  or  town,  fifty  cents  for  each 
week  of  five  days,  or  major  part  thereof,  of  attendance  of 
every  such  child  iu  the  ])ubli('  schools.  Ft>r  the  transporta- 
tion to  and  from  a  i)ublic  school  of  any  child  whose  tuition 
is  payable  by  the  commonwealth  or  by  the  city  of  Boston 
luider  the  ])rovisions  of  this  section,  the  commonwealth  or 
the  city  of  Boston,  as  the  case  may  be,  shall  i)ay  to  the 
city  or  town  furnishing  such  transportation,  for  each  week 
of  five  days  or  major  part  thereof,  an  amount  e(|ual  to  the 
average  amount  for  each  child  paid  by  said  city  or  town 


Acts,  1911.  — Chap.  269.  231 

per  week  for  the  transportation  of  children  to  and  from 
school  over  the  route  by  which  such  child  is  conveyed. 
Settlements  of  the  accounts  of  the  several  cities  and  towns 
with  the  commonwealth  and  with  the  city  of  Boston  shall 
be  made  annually  on  the  first  day  of  April,  and  the  amounts 
found  due  shall  be  paid  within  three  months  thereafter. 
The  money  received  by  said  cities  and  towns  under  the 
provisions  of  this  section  shall  be  applied  to  the  support  of 
schools.  For  the  tuition  in  the  public  schools  in  any  town 
of  less  than  ten  thousand  inhabitants  of  any  child  between 
the  ages  of  five  and  fifteen  years  not  theretofore  resident 
in  such  town,  who  is  an  inmate  of  an  institution  containing 
more  than  six  inmates,  said  town  may  recover  from  said 
institution  the  extra  school  expense  incurred,  as  may  be 
determined  jointly  by  the  school  committee  of  said  town 
and  the  trustees  or  managers  of  said  institution,  or,  in  case 
of  disagreement  between  said  school  committee  and  said 
trustees  or  managers,  as  may  be  decreed  by  the  probate 
court;  but  no  demand  shall  be  made  upon  said  trustees  or 
managers  without  a  vote  of  the  town  instructing  the  school 
committee  to  that  effect.  Approved  April  10,  1911. 


An  Act  relative  to  the  age  and  schooling  certificates ^/ji^.^  269 

of  minors. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  fifty-eight  of  chapter  five  hundred  i^g'^g^-g^g^' 
and  fourteen  of  the  acts  of  the  year  nineteen  hundred  and  amended.' 
nine,  as  amended  by  section  three  of  chapter  two  hundred 
and  fifty-seven  of  the  acts  of  the  year  nineteen  hundred  and 
ten,  is  hereby  further  amended  by  inserting  after  the  word 
"employee",  in  the  ninth  line,  the  words:  —  The  printed 
form  of  such  age  and  schooling  certificate  shall  be  provided 
by  the  chief  of  the  district  police,  —  and  by  inserting  after 
the  word   "language",  in  the  twelfth  line,   the  words:  — 
as  is  required  for  admission  to  the  fourth  grade  of  the  public 
schools  of  the  city  or  town  in  which  such  minor  lives,  — 
so  as  to  read  as  follows :  —  Section  58.     An  age  and  school-  ^pp^^^^^  "^ 
ing  certificate  shall  be  approved  only  by  the  superintendent  schooling 

»ii  1  ,i''ii'i'"  'i*  eertifloutes. 

or  schools  or  by  a  person  authorized  by  nun  m  writmg,  or, 
if  there  is  no  superintendent  of  schools,  by  a  person  authorized 
by  the  school  committee;  but  no  member  of  a  school  com- 
mittee or  other  person  authorized  as  aforesaid  shall  approve 


232  Acts,  1911.  — Chap.  270. 

such  certificate  for  any  minor  then  in  or  about  to  enter 
his  own  employment  or  the  employment  of  a  firm  or  cor- 
poration of  which  he  is  a  member,  officer  or  employee.  The 
printed  form  of  such  age  and  schooling  certificate  shall  be 
provided  by  the  chief  of  the  flistrict  j)olice.  No  such  cer- 
tificate shall  be  approved  by  any  person  unless  he  is  satisfied 
that  the  minor  therein  named  is  able  to  read  at  sight  and 
to  write  legibly  simple  sentences  in  the  English  language, 
as  is  required  for  admission  to  the  fourth  grade  of  the  public 
schools  of  the  city  or  town  in  which  such  minor  lives,  nor 
until  such  person  has  received  a  certificate  signed  by  a 
physician,  as  provided  in  chapter  five  hundred  and  two  of 
the  acts  of  the  year  nineteen  hundred  and  six  and  acts 
passed  in  amendment  thereof,  or  by  a  physician  appointed 
by  the  school  committee,  stating  that  said  minor  has  been 
examined  by  him  and  in  his  oj)inion  is  in  sufficiently  sound 
health  and  physically  able  to  perform  the  work  which  the 
Proviso.  minor  intends  to  do:  jjrovided,   however,  that  the  age  and 

schooling  certificate  may  be  approved  and  issued  without 
a  physician's  certificate  if  there  shall  be  on  file  in  connec- 
tion with  the  public  schools  a  written  record  in  regard  to 
the  child's  physical  condition  made  within  one  year  and  the 
person  authorized  to  approve  said  age  and  schooling  certifi- 
cate after  having  examined  such  record  shall  certify  that 
in  his  opinion  said  minor  is  in  sufficiently  sound  health  and 
physically  able  to  perform  the  work  which  the  minor  intends 
to  do.  The  person  who  approves  the  certificate  may  ad- 
minister the  oath  provided  for  therein,  but  no  fee  shall  be 
charged  therefor. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  10,  1911. 


Chait.^lO  An  Act  to  provide  for  clerical  assistance  for  the 

TREASURERS  OF  THE  COUNTIES  OF  ESSEX  AND  MIDDLESEX. 

Be  it  eimcted,  etc.,  as  follows: 

cioriciii  Section  1.     The  treasurers  of  the  counties  of  Essex  and 

ussis  ance.        ]\[i,l,llesex  sliall  cacli  be  allowed  a  sum  not  exceeding  two 
thousand  four   hundred  dollars  annually,  for  such  clerical 
assistance  as  may  be  approved  by  the  county  commission- 
ers of  the  county  concerned. 
K.i.iai.  Section  2.     Chapter   three   hundred   aiul   twenty-two   of 

the  acts  of  the  vear  nineteen  hundred  and  li\e,  and  so  nmch 


Acts,  1911.  — Ciiaps.  271,  272.  233 

of  section  three  of  chapter  twenty-one  of  the  Revised  Laws 
as  is  inconsistent  herewith,  are  hereby  repealed. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

(The  foregoing  2vas  laid  before  the  Governor  on  the  fourth 
day  of  April,  1911,  and  after  flee  days  it  had  "the  force  of  a 
law",  as  prescribed  by  the  Constitution,  as  it  was  not  returned 
by  him  ivith  his  objections  thereto  within  that  time.) 


An  Act  to  provide  for  establishincx  a  station  for  the  CJiap.271 

PROPAGATION   OF   GAME   BIRDS   AND   ANIMALS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  commissioners  on  fisheries  and  game  are  Establish- 
hereby  authorized  to  acquire  land  and  buildings  by  gift,  uonsfoAhe 
lease,  purchase,  or  devise,  for  one  or  more  stations  for  the  P^g^ame*'"" 
propagation  of  game  birds  and  animals,  to  erect  necessary  i^irds,  etc. 
buildings,  to  purchase  stock  for  breeding,  and  to  take  such 
other  steps  as  they  may  deem  expedient  for  the  protection, 
propagation  and  distribution  of  the  birds  and  animals  reared 
at  any  such  station.     For  this  purpose  they  may  expend  a 
sum  not  exceeding  ten  thousand  dollars,  subject  to  the  ap- 
proval of  the  governor  and  council. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  11,  1911. 

An  Act  rel.\tive  to  the  amount  of  taxes  in  the  city  Chap.272 

OF   MEDFORD. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  taxes  assessed  on  property  in  the  city  Taxes 
of  Medford,  exclusive  of  the  state  tax,  county  tax  and  sums  ?^hrcfty  o'° 
required  by  law  to  be  raised  on  account  of  the  city  debt, 
shall  not  during  the  years  nineteen  hundred  and  eleven  and 
nineteen  hundred  and  twelve  exceed  on  every  one  thousand 
of  the  assessors'  valuation  of  the  taxable  property  therein 
for  the  preceding  year  thirteen  dollars,  the  said  valuation 
being  first  reduced  by  the  amount  of  all  abatements  thereon 
previous  to  the  thirty-first  day  of  December  in  the  year 
preceding  said  assessment,  subject  to  all  the  provisions  of 
section  fifty-three  of  Part  I  of  chapter  four  hundred  and 
ninety  of  the  acts  of  the  year  nineteen  hundred  and  nine 
except  the  limit  of  taxation  therein  provided,  which  shall 
not  be  applicable  to  the  city  of  Medford  during  the  years 


Medford. 


234  Acts,  1911.  — Chaps.  273,  274,  275. 

nineteen  hundred   and   eleven   and   nineteen  hundred   and 
twelve. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  12,  1911. 

CJiajJ.^lfi  An  Act  relative  to  the  order  of  commitment  of  an 

INSANE   PERSON. 

Be  it  enacted,  etc.,  as  follows: 
Orderof  ^^  ordcr  of  Commitment  of  a  person  to  a  hospital  or 

commitment  .  ^      .  i      n    i  •  i    -p 

of  an  insane      rcceptacie  tor  the  insane,  public  or  private,  shall  be  void  it 
^^      '  such  person  shall  not  be  received  at  the  hospital  or  receptacle 

to  which  he  has  been  committed  by  such  order  of  commit- 
ment within  thirty  days  after  the  date  thereof. 

Approved  April  13,  1911. 

C7iap.274:  An  Act  to  provide  for  post  mortem  examinations  of 

BODIES  OF  PERSONS  ELECTROCUTED  IN  CONFORMITY  WITH 
THE  SENTENCE  OF  A  COURT. 

Be  it  enacted,  etc.,  as  follows: 

fx-uninTuon  Section  1.     Thcrc  shall  be  a  post  mortem  examination 

of  certain         by  a  mcdical  examiner  for  the  county  of  Suffolk  of  the  body 
of  every  person  electrocuted  in  conformity  with  the  sentence 
of  a  court. 
Repeal.  SECTION  2.     All  acts  and  parts  of  acts  inconsistent  here- 

with are  hereby  repealed. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  13,  1911. 

Chaj).275  An  Act  relative  to  the  authority  of  the  courts  to 

ALLOW  AMENDMENTS  CHANGING  ACTIONS  AT  L.\W  INTO 
SUITS  IN  EQUITY  AND  SUITS  IN  EQUITY  INTO  ACTIONS  AT 
LAW. 

Be  it  enacted,  etc.,  as  follows: 

R.  L.  173,  Section  fiftv-two  of  i-hapter  one  hundred   and   seventv- 

amended.         thrcc  of  the  Ucviscd  Laws  is  hereby  amended  by  striking 

out  the  word  "shall",  in  the  seventh  line,  and  inserting  in 

place  thereof  the  word:  —  may,  —  .so  as  to  read  as  follows: 

Amendments     —  Scctlou  62.     The  sujjremc  judicial  court  or  the  superior 

'ai'lV.'.ns'ft         court  may,  at  any  time  before  final  judgment,  and  upon 

'"^-  terms,  allow  amendments  changing  an  action  at  law  into  a 

suit  in  equity,  or  a  suit  in  equity  into  an  action  at   law,  if 


Acts,  1911.  —  Chaps.  276,  277.  235 

it  is  necessary  to  enable  the  plaintiff  to  sustain  the  action 
or  suit  for  the  cause  for  which  it  was  intended  to  be  brought. 
The  court  in  which  the  amendment  is  allowed  may  retain 
jurisdiction  of  the  cause  as  amended. 

Approved  April  13,  1911. 

An  Act  to  confirm  the  election  of  town  officers  of  CJfCfp.276 

THE  TOWN  OF  DUNSTABLE  AT  THE  ANNUAL  TOWN  MEETING 
IN   THE   YEAR   NINETEEN   HUNDRED    AND    ELEVEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  election  of  town  officers  in  the  town  of  ^nljg'"^^'",'^ 
Dunstable  at  the  annual  town  meeting  on  March  sixth  in  of  Dunstable 
the  current  year  shall   be  valid  notwithstanding  the  fact 
that  the  certificates  of  nomination  for  town  officers  in  the 
said  town  were  not  filed  until  three  hours  after  the  time 
fixed  by  law  for  filing  the  same. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  13,  1911. 

An  Act  to  provide  for  the  retirement  of  members  of  (JJianJ^ll 

THE    FIRE    DEPARTMENT    OF    THE    CITY    OF    FALL    RIVER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  board  of  fire  commissioners  of  the  city  Retirement 
of  Fall  River,  with  the  approval  of  the  mayor,  may  retire  otthrfi'rr^ 
from  active  service  and  place  upon  a  pension  roll  any  per-  Jjf^,"g'"f^°*f 
manent  member  of  the  fire  department  of  that  city,  who,  Fail  River. 
by  injuries  sustained  through  no  fault  of  his  own  in  the 
actual  performance  of  his  duty,  has  become  permanently 
disabled,  mentally  or  physically,  for  useful  service  in  the  de- 
partment, and  may  retire  from  active  service  and  place  upon 
a  pension  roll  any  permanent  member  of  said  department 
who  has  performed  faithful  service  in  the  department  for 
a  period  of  not  less  than  twenty  consecutive  years,  or  who 
has  reached  the  age  of  sixty  years,  if  in  the  judgment  of  said 
board  such  member  is  disabled  for  useful   service  in  the 
department:  provided,  however,  that  no  member  of  the  de-  proviso, 
partraent   shall   be   retired   for   permanent   total   disability 
except  upon  a  certificate  of  the  city  physician,  which  certifi- 
cate shall  be  filed  with  the  records   of  the  board.      Every 
person  retired  under  the  provisions  of  this  act  shall  annually 
receive  as  a  pension  a  sum  equal  to  one  half  of  the  annual 
compensation  received  by  him  at  the  time  of  his  retirement, 


236  Acts,  1911.  — Chaps.  278,  279,  280. 

such  amount  to  be  paid  monthly  by  the  city,  which  shall 
provide  money  therefor. 
Time  of  Section  2.     This  act  shall  take  effect  when  accepted  by 

taking  effect.  .  -i       p     i  •  p  -n    ii    t-»' 

the  City  council  oi  the  city  ot  -ball  Kiver. 

Approved  April  13,  1911. 

CIiap.278  An  Act  reiative  to  the  establishment  of  milk  dis- 
tributing   STATIONS    in    cities    AND    CERTAIN    TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

Miikdis-  The  boards  of  health  of  cities,  and  of  towns  having  ten 

stations  in  thousaud  or  morc  inhabitants  are  hereby  authorized,  when 
taiu^towns^*''^  they  deem  it  advisable  for  the  public  health,  to  establish 
in  such  cities  and  towns  stations  for  the  distribution  of  milk, 
either  free  of  charge  in  cases  of  necessity,  or  at  such  charge 
and  under  such  conditions,  rules  and  regulations  as  the  board 
may  establish;  but  this  act  shall  not  be  construed  to  permit 
the  said  boards  of  health  to  engage  in  a  general  milk  busi- 
ness. Approved  April  13,  1911. 

CliapJ^l^  An  Act  to  authorize  the  city  of  boston  to  pension 

CHARLES  M.  CHAPLIN  AND  CYRUS  A.  GEORGE. 

Be  it  enacted,  etc.,  as  follows: 

The  city  of  SECTION  1.     Charles  M.  Chaplin  and  Cyrus  A,  George, 

pension  rer       omployccs  of  tlic  firc  alarm  division  of  the  fire  department 

of' the  fire"        of  thc  city  of  Bostoii,  bciug  iiica])acitated  from  performing 

department.      f^^her  work  by  loug  and  faithful  >-ears  of  service,  shall, 

upon  the  passage  of  this  act,  be  eligible  to  be  placed  on 

the  pension  roll  under  the  provisions  of  chapter  one  hundred 

and  seven  of  the  acts  of  the  year  eighteen  hundred  and  eighty 

and  acts  in  amendment  thereof  or  in  addition  thereto,  in 

the  same  manner  and  to  the  same  extent  as  if  they  had  been 

members  of  the  fire  deijartment. 

Section  2.     This  act  shall  take  effect  upon  its  ])assage. 

Approved  April  13,  1911. 

Chap.2^0  An   Act   to   incorporate   the   russellville   cemetery 

ASSOCIATION   IN   THE  TOWN   OF  IIADLEY. 

Be  it  enacted,  etc.,  as  follows: 

Knssciiviiie  Section  1.     Jaiues  Comins,  Charles  L.  Riisst^ll,  IT.  Clem- 

Associaiion        (Mit    Uusscll,   AusIIm    X.    Ivusscll,   Adin   \\'.    l''ield,   Mary   C. 

iiiforporuted. 


Acts,  1911.  — Chap.  280.  237 

Conant,  Cyrus  M.  Iluhhard,  Frank  D.  Hubbard  and  George 
P.  Smith,  their  associates  and  successors,  are  hereby  made 
a  corporation  by  the  name  of  The  Russellville  Cemetery 
Association,  for  the  purpose  of  managing,  caring  for,  improv- 
ing and  embeUishing  the  burial  ground  set  apart  and  known 
as  the  Russelh'iHe  cemetery,  situated  in  the  north  part  of 
the  town  of  Hadley;  and  said  corporation  shall  have  all 
the  powers  and  privileges  and  be  subject  to  all  the  duties, 
restrictions  and  liabilities  set  forth  in  all  laws  now  or  here- 
after in  force  relating  to  such  corporations. 

Section  2.     Said    corporation    is   hereby    authorized    to  May  obtain 
obtain  possession  or  control  of  said  cemetery,  and  it  may  certahl"^* 
purchase  from  time  to  time,  or  acquire  by  gift,  bequest  or  cemetery. 
devise,  and  hold,  so  much  real  estate  and  personal  property 
as  may  be  necessary  or  appropriate  for  the  maintenance, 
preservation,   care,   improvement  and  enlargement  of  said 
cemetery:  yrovided,  that  nothing  herein  contained  shall  affect  Proviso, 
the  individual  rights  of  proprietors,  or  any  rights  which  the 
town  of  Hadle}^  may  have  in  the  said  burial  ground. 

Section  3.  Said  corporation  is  authorized  to  take  and  J|^,o^p^j°t\? 
hold  any  grant,  gift  or  bequest  of  property,  in  trust,  and  to  jjnder  grants, 
take  possession  of  the  funds  now  held  by  the  unincorporated 
association  known  as  the  Russellville  Cemetery  Association, 
and  to  use  the  same,  or  the  income  thereof,  for  the  care, 
maintenance,  protection,  improvement  or  enlargement  of 
its  cemetery,  or  any  lot,  monument,  fence  or  structure 
therein,  or  for  planting  and  cultivating  trees,  shrubs  or 
plants,  or  otherwise  improving  the  premises  in  a  manner 
consistent  w^ith  the  objects  of  the  corporation,  and  with  the 
terms  of  any  grant,  gift  or  bequest  by  which  the  property 
may  be  acquired. 

Section  4.  All  persons  now  or  hereafter  owning  lots  or  Membership. 
any  interest  in  a  lot  in  the  said  cemetery,  and  all  persons  w^ho 
are  now  life  members  of  the  said  unincorporated  associa- 
tion may  become  members  of  the  corporation  by  making 
application  to  the  secretary;  and  such  other  persons  as  are 
specified  by  the  by-laws  may  become  members  of  the  cor- 
poration upon  such  terms  as  the  by-laws  of  the  corporation 
may  provide.  When  any  person  shall  cease  to  be  a  proprie- 
tor, or,  not  being  a  proprietor,  shall  cease  to  comply  with 
the  terms  of  the  by-laws,  he  shall  cease  to  be  a  member 
of  the  corporation. 

Section  5.     Said  corporation  may  by  its  by-laws  provide  By-iaws. 
for  such  officers  as  are  necessary,  and  may  define  their  powers 


238 


Acts,  1911.  — Chaps.  281,  282. 


and  duties,  and  may  also  provide  for  the  care  and  mainte- 
nance of  the  cemetery,  for  the  sale  of  lots  therein,  and  for 
the  care  of  any  funds  which  the  corporation  may  hold,  and 
for  any  other  matter  incident  to  the  purposes  of  the  corpora- 
tion. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  13,  1911. 


Use  of  suc- 
tion shuttles 
prohibited. 


Chap.2Sl  An  Act  to  prohibit  the  use  of  suction  shuttles  in 

FACTORIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  proprietor  of  a 
factory  or  any  officer  or  agent  or  other  person  to  require 
or  permit  the  use  of  suction  shuttles,  or  any  form  of  shuttle 
in  the  use  of  which  any  part  of  the  shuttle  or  any  thread  is 
put  in  the  mouth  or  touched  by  the  lips  of  the  operator. 
It  shall  be  the  duty  of  the  state  board  of  health  to  enforce 
the  provisions  of  this  act. 

Section  2.  Violations  of  this  act  shall  be  punished  by 
a  fine  of  not  less  than  fifty  dollars  for  each  offence. 

Section  3.  This  act  shall  take  effect  on  the  first  INIonday 
of  May  in  the  year  nineteen  hundred  and  twelve;  but  if 
the  proprietor  or  manager  of  a  factory  shall,  in  good  faith, 
show  to  the  state  board  of  health  suflficient  reasons  for  its 
inability  to  comply  with  the  provisions  hereof  at  the  time 
when  this  act  is  to  take  effect,  the  said  board  may,  in  its 
discretion,  grant  a  reasonable  extension  of  time  within  which 
the  said  factory  shall  comply  with  the   jirovisions  hereof. 

Approved  April  13,  1011. 


Penalty. 


Time  of 
taking  effect. 


Chap.2S2  An  Act  relative  to  the  inspection  of  jails,  houses  of 

CORRECTION,    PRISONS  AND    REF-ORMATORIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  four  hundred  and  five  of  the  acts 
of  the  vear  nineteen  hundred  ;ind  ten  is  herebv  amended  by 
striking  out  section  one  and  inserting  in  place  thereof  the 
following:  —  Section  1.  The  state  inspectors  of  health,  in 
addition  to  the  duties  provided  for  by  chapter  five  hundred 
and  thirty-seven  of  the  acts  of  the  year  nineteen  hundred 
and  seven,  shall  annually  make  such  examination  of  i)olice 
station  houses,  lockups,  houses  of  detention,  and  except  in 


1910,  405, 
§  1,  amended 


I'^xamination 
of  police  sta- 
tions, etc. 


Acts,  1911.  — Chap.  283.  239 

the  county  of  Suffolk,  jails,  houses  of  correction,  prisons  and 
reformatories  as  in  the  opinion  of  the  state  board  of  health 
may  l)e  necessary  to  ascertain  the  sanitary  condition  of  the 
said  buildings. 

Section  2.  Said  chapter  four  hundred  and  five  is  hereby  loio,  405, 
further  amended  by  striking  out  section  two  and  msertnig 
in  place  thereof  the  following:  —  Section  2.  The  state  board  lo^rToT 
of  health  shall  make  rules  for  police  station  houses,  lockups,  jjfjj'ilgVuies 
houses  of  detention,  jails,  houses  of  correction,  prisons  and  etc. 
reformatories,  regarding  the  care  and  use  of  drinking  cups 
and  of  dishes  used  for  food,  the  care  and  use  of  bedding,  and 
the  ventilation  of  the  buildings.  Such  rules  may  be  general 
or  may  be  applicable  to  a  single  building.  A  copy  of  such 
rules  as  are  made  applicable  to  station  houses,  houses 
of  detention  or  lockups,  shall  be  sent  by  the  state  board  of 
health  to  the  mayor  of  every  city  and  to  the  selectmen  of 
every  town  to  which  the  rules  apply ;  and  a  copy  of  such  rules 
as  are  made  applicable  to  jails,  houses  of  correction,  prisons 
or  reformatories,  shall  be  sent  l)y  said  board  to  the  proper 
authorities.  It  shall  be  the  dut\'  of  the  mavors  of  cities  and 
the  selectmen  of  towns  to  which  the  rules  relating  to  station 
houses,  houses  of  detention  or  lockups  so  made  apply,  and 
the  duty  of  those  in  charge  of  jails,  houses  of  correction, 
prisons  and  reformatories,  to  which  the  rules  so  made  apply, 
to  see  that  the  rules  are  enforced. 

Approved  April  13,  1911. 


An  Act  relative  to  the  unlicensed  carrying  of  re-  Chap.2S3 

VOLVERS   OR   PISTOLS   IN  CERTAIN   CASES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  two  hundred  and  eleven  of  the  Revised  Laws  is  r.  l.  211, 
hereby  amended  by  adding  thereto  the  following  new  sec-  '*™*'° 
tion: — Section  13.     Whoever,  when  arrested  for  commit-  Penalty  for 
ting  a  felony  or  upon  a  wan'ant  for  an  alleged  crime,  and  revoivT/sor 
whoever,    when   arrested   while   committing   a   crime   or   a  out*a'ii^nse. 
breach  or  disturbance  of  the  public  peace,  is  armed  with 
a  revolver  or  pistol,  having  no  license  to  carry  the  same, 
shall  be  punished  by  imprisonment  for  not  less  than  one 
year  and  not  more  than  ten  years. 

Approved  April  13,  1911. 


240 


Acts,  1911.  — Ciiai>.  281:. 


Chap.284:  An  Act  relative  to   appeals   and  removals    to    the 

SUPREME    judicial    COURT    AND    TO    EXECUTION    ON    FINAL 
DECREES   OF   THE   SUPREME   AND    SUPERIOR  COURTS. 


R.  L.  159, 

§  19, 
amended. 


Appeals, 
etc.,  on  final 
decrees. 


R.  L.  159, 
§  30, 
amended. 


Rcmov.-il  of 
suit  from  su- 
perior court. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  nineteen  of  chapter  one  hundred  and 
fifty-nine  of  the  Revised  Laws  is  hereby  amended  by  strik- 
ing out  the  word  "thirty",  in  the  third  Hue,  and  inserting 
in  place  thereof  the  word :  —  twenty,  —  so  as  to  read  as 
follows:  —  Section  19.  A  party  who  is  aggrieved  by  a  final 
decree  of  a  justice  of  the  supreme  judicial  court  or  a  final 
decree  of  the  superior  court  may,  within  twenty  days  after 
the  entry  thereof,  appeal  therefrom.  An  appeal  from  a  final 
decree  of  a  justice  of  the  supreme  judicial  court  shall  be 
entered  on  the  docket  of  that  court,  and  an  appeal  from 
a  final  decree  of  the  superior  court  shall  forthwith  be  entered 
in  the  supreme  judicial  court.  The  copies  and  papers  in 
the  cause  shall  be  prepared  by  the  clerk  of  the  court  and 
transmitted  to  the  supreme  judicial  court  and  entered  on 
the  docket  of  the  full  court.  When  such  appeals  have  been 
entered  as  aforesaid,  all  proceedings  under  such  decree  shall 
be  stayed,  and  the  cause  shall  thereupon  be  pending  before 
the  full  court,  which  shall  hear  and  determine  the  same, 
and  affirm,  reverse  or  modify  the  decree  appealed  from. 
Upon  the  reversal  of  a  final  decree,  the  court  may  remand 
the  cause  to  a  justice  of  the  supreme  judicial  court  or  to 
the  superior  court,  with  such  directions  as  are  necessary 
and  proper  further  to  proceed  therein,  or  the  court  may  refer 
it  to  a  master  or  take  such  other  order  relative  to  future 
proceedings  therein  as  equity  and  the  just  and  speedy  deter- 
mination of  the  case  require. 

Section  2.  Section  thirty  of  said  chapter  is  hereby 
amended  by  striking  out  the  word  "thirty",  in  the  second 
line,  and  inserting  in  place  thereof  the  word :  —  ten,  —  so 
as  to  read  as  follows:  —  Section  30.  If  the  defciulant  in  a 
suit  in  ecjiiity  in  the  sui)erior  court,  or  a  person  in  his  behalf, 
within  ten  da\s  after  the  day  for  appearance,  makes  affi- 
<lavit  of  liis  belief  that  the  matter  involved  in  the  suit  equals 
four  thousand  dollars  in  value,  that  his  interest  alone  or  with 
the  interest  of  any  other  defendant  having  a  joint  or  common 
interest  with  him  equals  said  value  and  that  he  has  a  sub- 
stantial defence,  and  of  his  intention  to  bring  the  cause  to 
a  hearing,  the  case,  with  the  papers  therein  shall,  upon  his 


Acts,  1911.  — Chap.  285.  241 

request  and  at  his  expense,  be  forthwith  removed  to  the 
supreme  judicial  court  where  it  shall  proceed  as  if  originally 
commenced  therein.  Before  such  removal,  the  superior 
court  may  make  such  orders  for  the  appointment  of  receivers, 
and  of  injunction  or  prohibition,  or  for  continuing  the  same 
in  force,  as  are  necessary  for  the  protection  of  the  rights  of 
the  parties  until  the  case  shall  be  heard  by  the  supreme 
judicial  court;  subject,  however,  to  be  modified  or  annulled 
by  the  order  of  that  court  upon  motion  after  the  case  has 
been  removed. 

Section  3.     Section  thirtj^-four  of  said  chapter  is  hereby  r.  l.  159, 
amended  by  striking  out  the  word  "thirty",  in  the  second  fm^ded. 
line,  and  inserting  in  place  thereof  the  word :  —  tw^enty,  — 
and  by  adding  at  the  end  of  said  section  the  words:  — 
yrovided,  however,  that  if  the  justice  by  whom  or  by  whose 
order  the  final  decree  was  made  is  of  opinion  that  the  appeal 
from  such  decree  is   groundless   and   intended   merely  for 
delay,  process  for  the  execution  of  the  decree  may  be  awarded 
notwithstanding  the  appeal,  —  so  as  to  read  as  follow's:  — 
Section  34.     No  process  for  the  execution  of  a  final  decree  Execution  on 
of  either  court  shall  issue   until  the  expiration  of  twenty  fi'*^' '^«'"'^"'- 
days  after  the  entry  thereof,  unless  all  parties  against  whom 
such  decree  is  made  waive  an  appeal  by  a  writing  filed  with 
the  clerk  or  by  causing  an  entry  thereof  to  be  made  on  the 
docket:  provided,  hoivevcr,   that  if  the  justice  by  whom  or  Proviso. 
by  whose  order  the  final  decree  was  made  is  of  opinion  that 
the  appeal  from  such    decree  is  groundless   and   intended 
merely  for  delay,  process  for  the  execution  of  the  decree 
may  be  awarded  notwithstanding  the  appeal. 

Section  4.     This  act  shall  take  effect  on  the  first  day  of  iTinf.ff.n 
January,  nmeteen  hundred  and  twelve. 

(The  foregoing  was  laid  before  the  Governor  on  the  sixth  day 
of  April,  1911,  and  after  five  days  it  had  "the  force  of  a  law", 
as  prescribed  by  the  Constitution,  as  it  was  not  returned  by 
him  with  his  objections  thereto  within  that  time.) 

An  Act  to  authorize  the  stocking  of  great  ponds  with  Chap.285 

FOOD    fish. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  board  of  commissioners  on  fisheries  and  stocking  of 

1  •    •  p      1  p         great  ponds 

game,  upon  the  petition  oi  the  mayor  and  aldermen  of  a  with  food 
city  or  of  the  selectmen  of  a  town  wdthin  which  a  great  pond 
or  a  part  thereof  is  situated,  shall  cause  the  pond  to  be  stocked 


242 


Acts,  1911.  — CiiAr.  28G. 


Proviso. 


Regulations 
relative  to 
fishing,  etc. 


with  siR'li  food  fish  as  the  board  judges  to  be  best  suited  to 
the  waters  thereof:  provided,  that  a  public  hearing  upon  the 
matter  has  previously  been  given  within  such  city  or  town 
by  the  mayor  and  aldermen,  or  by  the  selectmen,  notice  of 
which,  at  least  ten  days  before  the  day  of  the  hearing,  has 
been  posted  in  three  or  more  public  places  and  published 
in  a  newsi)aper  in  such  city  or  town,  if  there  be  any,  and  if 
not,  then  in  a  newspaper  published  in  the  count}'  in  whicli 
the  pond  is  situated.  In  a  town  such  a  hearing  need  not  be 
given,  if  the  town  at  an  annual  or  a  special  meeting  has  in- 
structed the  selectmen  to  file  such  a  petition.  When  a  great 
pond  is  not  situated  wholly  within  a  city  or  town,  the  board 
of  commissioners  on  fisheries  and  game  shall  not  proceed 
under  the  provisions  of  this  act  with  respect  to  that  pond, 
imless  a  majority  of  the  cities  and  towns  bordering  upon 
that  pond  have  filed  j)etitions  as  aforesaid.  The  board  shall 
thereupon  prescribe,  for  a  period  not  exceeding  three  years, 
such  reasonable  regulations  relative  to  fishing  in  the  pond 
and  its  tributaries,  with  such  penalties  not  exceeding  twenty 
dollars  for  one  offence,  as  they  deem  to  be  for  the  public 
interest,  and  shall  cause  such  regulations  to  be  enforced ;  })ut 
the  provisions  of  this  act  shall  not  apply  to  ponds  used 
as  sources  of  public  water  supply.  The  commissioners  may 
restock  such  ponds  and  may  extend  such  reasonable  regula- 
tions for  periods  not  exceeding  three  years  each  whenever 
they  receive  a  petition  therefor  as  herein  ])rovided.  Five 
hundred  dollars  shall  annually  be  appropriated  by  the  com- 
monwealth to  carry  out  the  provisions  of  this  section. 

Section  2.  Section  nineteen  of  chapter  ninety-one  of  the 
Revised  Laws,  as  amended  by  chapter  two  hundred  and 
seventy-four  of  the  acts  of  the  year  nineteen  hundred  and 
three,  and  by  chapter  three  hundred  and  six  of  the  acts  of 
the  year  nineteen  hundred  and  seven,  is  liereby  repealed. 

Section  3.     This  act  shall  take  eilect  upon  its  passage. 

Approved  April  13,  1911. 

C%ap.2SQ  An  Act  to  incorpoiute  the  baiinstable  water  company. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.  Hervey  A.  Hanscom,  Fred  A.  TToudlette  and 
Henry  A.  Symonds,  their  associates  and  successors,  are 
hereby  made  a  corjioration  by  the  name  of  the  Barnstable 
Water  Company,  for  the  puri)ose  of  supplying  the  inhabit- 
ants of  the  town  of   Barnstable,  or  an\'  part  thereof,  with 


Kepcal. 


P.ariistable 
Water 
('i)nii)aiiy 
incorporated. 


Acts,  1911.  — Chap.  286.  243 

water  for  domestic,  manufacturing  and  other  purposes,  in- 
cluding the  extinguishment  of  firtvs;  with  all  the  powers  and 
])rivileges  and  subject  to  all  the  duties,  restrictions  and  liabili- 
ties set  forth  in  all  general  laws  now  or  hereafter  in  force 
applicable  to  such  corporations. 

Section  2.  Said  corporation,  for  the  purpose  aforesaid,  ^j'^;!;^!;'^® 
may  lease,  take  or  acquire  by  purchase  or  otherwise,  and  hold  waters,  etc. 
and  convey  the  waters,  or  so  much  thereof  as  may  be  neces- 
sary, of  any  underground  water  from  wells  which  may  be 
constructed  or  sunk  at  any  suitable  point  for  such  supply 
within  the  limits  of  said  town,  together  with  any  water 
rights  connected  therewith,  and  also  all  lands,  rights  of  way 
and  easements  necessary  for  holding  and  preserving  such 
water  and  for  conveying  the  same  to  any  part  of  said  t(^wn ; 
and  may  erect  on  the  land  thus  taken  or  held  proper  dams, 
buildings,  standpipes,  fixtures  and  other  structures,  and  may 
make  excavations,  procure  and  operate  machinery,  and  pro- 
vide such  other  means  and  appliances,  and  may  do  such 
other  things,  as  may  be  necessary  for  the  establishment  and 
maintenance  of  complete  and  effective  water  works:  provided,  ^''^^'^o. 
however,  that  no  source  of  water  supply  for  domestic  purposes 
or  lands  necessary  for  preserving  the  quality  of  such  water 
shall  be  acquired  under  this  act  without  the  consent  of  the 
state  board  of  health,  and  that  the  location  of  all  dams, 
reservoirs,  wells  or  other  works  for  collecting  or  storing  water 
shall  be  subject  to  the  approval  of  said  board.  No  source  of 
water  supply  shall  be  taken,  or  wells  driven,  between  the 
following  described  lines:  —  a  line  extending  north  and  south 
through  a  point  one  half  mile  easterly  from  the  most  easterly 
end  of  Shallow  pond,  across  the  town  of  Barnstable  from 
Nantucket  sound  to  Cape  Cod  bay;  and  a  line  extending 
north  and  south  through  a  point  one  half  mile  westerly  from 
the  most  westerly  end  of  Wequaquet  lake,  across  the  town 
of  Barnstable  from  Nantucket  soimd  to  Cape  Cod  bay; 
being  approximately  a  strip  of  land  two  and  three  quarter 
miles  \vide  and  seven  and  one  half  miles  long,  including 
within  its  area  Wequaquet  lake. 

Section  3.  Said  company,  for  the  purpose  aforesaid,  may  May  lay  con- 
construct,  lay  and  maintain  aqueducts,  conduits,  pipes  and  etc.  ^'  ^'^^^' 
other  works,  imder  or  over  an}^  land,  water  courses,  canals, 
dams,  railroads,  railways  and  public  or  other  ways,  and  along 
any  highway  or  other  way  in  the  town  of  Barnstable,  in 
such  a  manner  as  not  necessarily  to  obstruct  the  same;  and 
for  the  purpose  of  constructing,  laying,  maintaining  and  re- 


244 


Acts,  1011.  — Chap.  286. 


Description 
of  lands,  etc., 
taken  to  be 
recorded. 


Damages. 


Distribution 
of  water,  etc. 


pairing  such  aqueducts,  coiKhiits,  pipes  and  other  works, 
and  for  all  purposes  of  this  act,  said  company  may  dig  up, 
raise  and  embank  any  such  lands,  highways  or  other  ways 
in  such  manner  as  to  cause  the  least  hindrance  to  public 
travel;  but  all  things  done  upon  any  public  ways  shall  be 
subject  to  the  direction  and  approval  of  the  selectmen  of 
said  town. 

Section  4.  Said  corporation  shall,  within  ninety  days 
after  voting  to  take  any  lands,  rights  of  way,  water  rights, 
water  sources  or  easements  as  aforesaid,  file  and  cause  to 
be  recorded  in  the  registry  of  deeds  for  the  county  of  Barn- 
stable, a  description  thereof  sufficiently  accurate  for  iden- 
tification, with  a  statement  of  the  purpose  for  which  the 
same  were  taken,  signed  by  the  president  of  the  corporation. 
The  recording  shall  operate  as  a  taking  of  the  real  estate  and 
rights  and  easements  therein  described. 

Section  5.  Said  corporation  shall  pay  all  damages  to 
property  sustained  by  any  person,  firm  or  corporation  by 
the  taking  of  any  land,  right  of  way,  water,  water  sources, 
water  rights  or  easement,  or  by  any  other  thing  done  by  said 
corporation  under  the  authority  of  this  act.  Any  person, 
firm  or  corporation  sustaining  damages  as  aforesaid,  who 
fails  to  agree  with  said  corporation  as  to  the  amount  thereof, 
may  have  the  same  assessed  and  determined  in  the  maimer 
provided  by  law  in  the  case  of  land  taken  for  the  laying  out 
of  highways,  on  application  at  any  time  within  three  years 
after  the  taking  of  such  land  or  other  property  or  the  doing 
of  any  other  injury  under  authority  of  this  act;  but  no  such 
application  shall  be  made  after  the  expiration  of  the  said 
three  years.  No  ap])lication  for  the  assessment  of  damages 
shall  be  made  for  the  taking  of  any  water,  water  right  or 
water  source,  or  for  any  injury  thereto,  until  the  water  is 
actually  withdrawn  or  diverted  under  authority  of  this  act. 
Said  cor})oration  may  by  vote,  from  time  to  time,  determine 
what  amount  or  quantity  of  water  it  proposes  to  take  and 
aj)pr()priatc  under  this  act;  in  which  case  any  damages 
caused  by  such  taking  shall  be  based  upon  such  amount 
or  quantity,  until  the  same  shall  be  increasetl  by  vote  or 
otherwise,  and  in  such  event  said  corporation  shall  be  fur- 
ther liable  only  for  the  additional  damages  caused  by  such 
additional  taking. 

Section  (i.  Said  corj)oration  may  distribute  water 
through  the  town  of  Barnstal)lc,  or  any  part  thcrt'of,  may 
regulate  the  use  of  the  same  and  may  establish  and  fix  from 


Acts,  1911.  — Chap.  286.  245 

time  to  time  the  rates  for  the  use  of  said  water  and  collect 
the  same;  and  may  make  such  contracts  with  the  said  town 
or  with  any  fire  district  now  or  hereafter  established  therein, 
or  with  any  individual  or  corporation,  to  supply  water  for 
the  extinguishment  of  fires  or  for  other  purposes,  as  may  be 
agreed  upon. 

Section  7.  Said  corporation  may,  for  the  purposes  set  ^jf^'j,^^*?/*! 
forth  in  this  act,  hold  real  estate  not  exceeding  in  value  stock, 
forty  thousand  dollars,  and  the  capital  stock  of  said  corpora- 
tion shall  not  exceed  two  hundred  thousand  dollars,  to  be 
divided  into  shares  of  one  hundred  dollars  each.  If  it  be 
necessary  for  the  purposes  of  said  corporation,  an  increase 
of  capital  stock  may  be  authorized  by  the  commissioner  of 
corporations  in  the  manner  provided  in  sections  thirty  and 
thirty-one  of  chapter  one  hundred  and  nine  of  the  Revised 
Laws,  and  in  any  amendment  thereof  now  existing  or  here- 
after made. 

Section  8.  Immediately  after  the  payment  of  the  capital  ^g  AiMi'wUh' 
stock  of  said  company  a  certificate  of  that  fact  and  of  the  the  secretary 
manner  in  which  the  same  has  been  paid  in,  and,  at  the  monweaith. 
time  of  making  the  certificate,  has  been  invested,  signed  and 
sworn  to  by  the  president,  treasurer,  and  a  majority  at  least 
of  the  directors,  and  approved  by  the  commissioner  of  cor- 
porations, shall  be  filed  in  the  office  of  the  secretary  of  the 
commonwealth.  A  conveyance  to  the  corporation  of  prop- 
erty, real  or  personal,  at  a  fair  valuation,  shall  be  deemed  a 
sufficient  paying  in  of  the  capital  stock  to  the  extent  of 
such  value,  if  a  statement  is  included  in  the  certificate,  made, 
signed  and  sworn  to  by  its  president,  treasurer,  and  a  ma- 
jority of  its  directors,  giving  a  description  of  such  property 
and  the  value  at  which  it  has  been  taken  in  payment,  in  such 
detail  as  the  commissioner  of  corporations  shall  require  or 
approve,  and  endorsed  with  his  certificate  that  he  is  satisfied 
that  said  valuation  is  fair  and  reasonable. 

Section  9.  Said  corporation  may  issue  bonds  and  may  May  issue 
secure  the  same  by  a  mortgage  of  its  franchise  and  other  °"  ^'  ^  '^' 
property  to  an  amount  not  exceeding  its  capital  stock  actu- 
ally paid  in.  The  proceeds  of  all  bonds  so  issued  shall  be 
expended  only  in  the  extension  of  the  works  of  the  company 
and  in  payment  of  expenditures  actually  made  in  the  con- 
struction of  the  works,  over  and  above  the  amount  of  the 
capital  stock  actually  paid  in. 

Section  10.     Capital  stock   and  bonds  hereinbefore  au-  issue  of 
thorized  shall  be  issued  only  in  such  amounts  as  may  from  time  et^"'*  ^  °''  ' 


246 


Acts,  1911.  — Chap.  286. 


Penalty  for 
corruption  of 
water,  etc. 


Town  may 
take  fran- 
chise, prop- 
erty, etc. 


To  assuino 
outstanding 
obligations, 
etc. 


Itemized 
statement  of 
cost  to  be 
furnished, 
etc. 


to  time,  upon  investigation  by  the  commissioner  of  corpora- 
tions be  deemed  bj^  him  to  be  reasonably  requisite  for  the 
purpose  for  which  such  stocks  or  bonds  are  authorized.  His 
decision  approving  such  issue  shall  specify  the  respective 
amounts  of  stock  and  bonds  authorized  to  be  issued,  and  the 
purposes  to  which  the  proceeds  thereof  are  to  be  applied. 
A  certificate  setting  forth  his  decision  shall  be  filed  in  the 
office  of  the  secretary  of  the  commonwealth  before  the  cer- 
tificate of  the  stocks  or  bonds  are  issued,  and  the  proceeds 
of  such  stock  or  bonds  shall  not  be  applied  to  any  purpose 
not  specified  in  such  decision. 

Section  11.  Whoever  wilfully  or  wantonly  corrupts,  pol- 
lutes or  diverts  any  water  taken  or  held  under  this  act,  or 
injures  any  structure,  work  or  other  property  owned,  held 
or  used  by  said  corporation  under  authority  of  this  act, 
shall  forfeit  and  pay  to  said  corporation  three  times  the 
amount  of  damages  assessed  therefor,  to  be  reco\'ered  in  an 
action  of  tort;  and  upon  being  convicted  of  any  of  the  above 
wilful  or  wanton  acts  shall  be  punished  by  a  fine  not  exceed- 
ing three  hundred  dollars,  or  by  imprisonment  in  jail  for  a 
term  not  exceeding  one  year. 

vSection  12.  The  town  of  Barnstable  shall  have  the  right, 
at  any  time  during  the  continuance  of  the  charter  hereby 
granted,  to  acquire  by  purchase  or  by  exercise  of  the  right 
of  eminent  domain,  the  franchise,  property  and  all  the  rights 
and  privileges  of  said  corporation,  on  payment  to  said  cor- 
poration of  the  actual  cost  of  its  franchise,  works  and  prop- 
erty of  any  kind  held  under  the  pro\isions  of  this  act;  and 
unless  the  dividends  earned  and  declared  by  said  company 
on  its  stock  shall  have  been  equal  to  or  in  excess  of  five  per 
cent  per  annum,  there  shall  })e  added  to  the  cost  of  the  work 
such  a  sum  as  would  make  the  net  return  to  the  stockholders 
five  per  cent  per  annum  on  the  investment.  The  town,  on 
taking  as  herein  ])rovided  the  pr()|)erty  of  said  corporation, 
shall  assume  all  of  its  outstanding  obligations  incurred  in  the 
construction  or  improvement  of  the  property,  including  bonds 
secured  by  mortgage  issued  under  authority  of  this  act,  and 
the  amount  thus  assumed  shall  be  deducted  from  the  total 
amount  to  be  ])aid  by  said  town  to  said  corporation.  Said 
corporation  shall  furnish  to  the  town  of  Barnstable,  under 
oath,  an  itemized  statement  of  the  actual  cost  of  the  water 
supply  system  authorized  under  this  act,  together  with  a 
copy  of  all  contracts  made  in  ])ro\'i(ling  and  constructing 
said  water  sui)ply  system  and  any  extension  thereof,  and  shall 


Acts,  1911.  — Chap.  286.  247 

furnish  to  said  town  annually  in  the  month  of  January  an 
itemized  statement,  under  oath,  of  its  receipts  and  expendi- 
tures, which  statement  shall  be  submitted  by  the  selectmen 
to  the  citizens  of  the  town  at  the  annual  town  meeting. 
This  authority  to  take  the  said  franchise  and  property  is 
granted  on  condition  that  the  same  is  assented  to  by  the  said 
town  by  a  two  thirds  vote  of  the  voters  present  and  voting 
thereon  at  a  meeting  legally  called  for  that  purpose;  and  the 
taking,  if  by  exercise  of  the  right  of  eminent  domain,  shall 
be  by  filing  in  the  registry  of  deeds  for  the  county  of  Barn- 
stable, the  declaration  of  such  taking,  which  shall  include  a 
certified  copy  of  the  article  in  the  warrant  under  which  the 
town  acted,  and  of  the  vote  of  the  town  thereon  showing  that 
it  was  passed  by  a  two  thirds  vote,  as  herein  required.  In 
case  the  town  and  the  corporation  shall  be  unable  to  agree 
upon  the  actual  cost  of  said  property,  the  supreme  judicial 
court  shall,  upon  application  of  either  party  and  notice  to 
the  other,  appoint  three  commissioners  who  shall  determine 
the  actual  cost  of  said  property,  and  whose  award,  when 
accepted  by  the  court,  shall  be  final.  Interest  at  the  rate 
of  six  per  cent  shall  be  included  in  said  award  from  the  date 
of  the  taking  or  purchase. 

Section  13.  Said  town  may  for  the  purpose  of  paying  the  Barnstable 
cost  of  said  franchise  and  corporate  property,  and  the  neces- 
sary expenses  and  liabilities  incurred  under  the  provisions  of 
this  act,  issue  from  time  to  time  bonds,  notes  or  scrip,  to 
an  amount  not  exceeding  in  the  aggregate  four  hundred  thou- 
sand dollars.  Such  bonds,  notes  or  scrip  shall  bear  on  their 
face  the  words,  Barnstable  Water  Loan;  shall  be  payable  at 
the  expiration  of  periods  not  exceeding  thirty  years  from  the 
date  of  issue;  shall  bear  interest,  payable  semi-annually,  at 
a  rate  not  exceeding  five  per  cent  per  annum;  and  shall  be 
signed  by  the  treasurer  of  the  town  and  countersigned  by 
the  water  commissioners  hereinafter  provided  for.  Said  town 
may  sell  such  securities  at  public  or  private  sale,  or  pledge 
the  same  for  money  borrowed  for  the  purpose  of  this  act, 
upon  such  terms  and  conditions  as  it  may  deem  proper; 
but  such  securities  shall  not  be  sold  for  less  than  their  par 
value.  Said  town  shall  pay  the  interest  upon  said  loan  as 
it  accrues,  and  shall  at  the  time  of  authorizing  said  loan 
provide  for  the  payment  thereof  in  such  annual  proportion- 
ate payments,  beginning  not  more  than  five  years  after  the 
first  issue  of  such  bonds,  notes  or  scrip,  as  will  extinguish 
the  same  within  the  time  prescribed  by  this  act;  and  when 


2i8 


Acts,  1911.  — Ciiap.  286. 


Water  com- 
missioners, 
election,  etc. 


Filling  of 
vacancy. 


Commisaion- 
era  lo  fix 
rates  for  tlio 
use  of  water, 
etc. 


a  vote  to  that  effect  has  been  passed,  a  sum  which  with  the 
income  derived  from  water  rates  will  be  sufficient  to  pay  the 
annual  expense  of  operating  its  water  works,  and  the  inter- 
est as  it  accrues  on  the  bonds,  notes  or  scrip  issued  as  aforesaid 
by  said  town,  and  to  make  such  payments  on  the  principal 
as  may  be  required  under  the  provisions  of  this  act  shall, 
witliout  further  vote,  be  assessed  by  the  assessors  of  said 
town  in  each  year  thereafter,  in  the  same  manner  in  which 
other  taxes  are  assessed  under  the  provisions  of  law,  until 
the  debt  incurred  by  said  loan  is  extinguished. 

Section  14.  Said  town  shall,  after  purchavsing  or  taking 
the  said  franchise  and  corporate  property,  as  provided  in 
this  act,  at  a  legal  meeting  called  for  the  purpose  elect  by 
ballot  three  persons  to  hold  office,  one  until  the  expiration 
of  three  years,  one  until  the  expiration  of  two  years,  and 
one  until  the  expiration  of  one  year  from  the  next  succeed- 
ing town  meeting,  to  constitute  a  board  of  water  commis- 
sioners; and  at  each  annual  town  meeting  thereafter  one 
such  commissioner  shall  be  elected  by  ballot  for  the  term  of 
three  years.  All  the  authority  granted  to  the  said  town  by 
this  act  and  not  otherwise  specifically  provided  for  shall  be 
vested  in  said  water  commissioners,  who  shall  be  subject 
however  to  such  instructions,  rules  and  regulations  as  said 
town  may  impose  by  its  vote.  A  majority  of  said  commis- 
sioners shall  constitute  a  quorum  for  the  transaction  of 
business.  Any  vacancy  occurring  in  said  board  for  any 
cause  may  be  filled  for  the  remainder  of  the  unexpired  term 
by  said  town  at  any  legal  town  meeting  called  for  the  pur- 
pose. Any  such  vacancy  may  be  filled  temporarily  by  a 
majority  vote  of  the  selectmen,  and  the  person  so  appointed 
shall  hold  office  until  the  town  fills  the  vacancy  in  the  manner 
provided  herein. 

Section  15.  Said  commissioners  shall  fix  just  and  equi- 
table rates  for  the  use  of  water  and  shall  prescribe  a  time  and 
manner  of  payment.  The  income  of  the  water  works  shall  be 
applied  to  defraying  all  operating  expenses,  interest  charges 
and  ])ayments  on  the  princijxil  as  they  accrue  ujion  any 
bonds,  notes  or  scrip  issued  under  authority  of  this  act. 
If  there  should  be  a  net  surplus  remaining  after  providing 
for  the  aforesaid  charges,  it  shall  be  used  for  such  new  con- 
struction as  the  water  commissioners  may  determine  upon, 
and  in  case  a  surplus  should  remain  after  ])ayiiient  for  such 
new  construction,  the  water  rates  shall  be  reduced  j)r()])or- 
tionately.     No  money  shall  be  expended  in  new  construe- 


Acts,  1911.  — Chap.  287.  249 

tion  by  the  water  commissioners  except  from  the  net  surplus 
aforesaid,  unless  the  town  appropriates  or  provides  money 
therefor.  Said  commissioners  shall  annually,  and  as  often 
as  the  town  may  require,  render  a  report  upon  the  condi- 
tion of  the  works  under  their  charge,  and  an  account  of  their 
doings,  including  an  account  of  receipts  and  expenditures. 

Section  1G.     Any  fire  district  now  existing  or  hereafter  Rights  of 
established  within  the  town  of  Barnstable  for  the  purpose  herea'/ter" 
of  supplying  the  inhabitants  thereof  with  water  for  the  ex-  established. 
tinguishment  of  fires,  for  domestic,  manufacturing  and  other 
purposes,   shall   have   all   the   rights   and   privileges   herein 
granted  to,  and  be  subject  to  all  the  obligations,  duties  and 
liabilities  herein  imposed  upon,  said  town. 

Section  17.     This  act  shall  take  effect  upon  its  accept-  J'"?*"*^^  , 
ance  by  said  town  at  any  meeting  legally  called  for  said  pur- 
pose, but  shall  become  void  unless  said  water  company  shall 
have  begun  to  distribute  water  through  its  pipes  to  consumers 
in  said  town  within  three  j'ears  after  the  date  of  its  passage. 

Approved  April  14,  1911. 

An  Act  relative  to  the  number  of  police  officers  who  (jj^n^^  qqt 

MAY    BE   DETAILED    BY   THE    POLICE   COMMISSIONER   OF   THE  '" 

city  of  boston  FOR  SERVICE  UNDER  THE  BOARD  OF  HEALTH 
OF  SAID  CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  seven  of  chapter  four  hundred  and  l^^^''^^\  ^ 

ne  e      ^  pi  -ii  ii  i-i  ='•  amended. 

iiity  01  the  acts  or  the  year  eighteen  hundred  and  eighty- 
nine  is  hereby  amended  by  striking  out  the  word  "five", 
in  the  sixth  and  fourteenth  lines,   and  inserting  in  place 
thereof  the  word :  —  ten,  —  by  striking  out  the  words  "  board 
of  police",  wherever  they  occur  in  said  section,  and  insert- 
ing in  place  thereof  the  words :  —  police  commissioner,  — 
and  by  striking  out  the  word  "are",  in  the  thirteenth  line, 
and  inserting  in  place  thereof  the  word:  —  is,  —  so  as  to 
read  as  follows:  —  Section  7.     The  police  commissioner  for  Police  officers 
the  city  of  Boston  shall,  upon  requisition  by  the  board  of  dl'taiied  for 
health  of  said  city,  detail  to  the  exclusive  service  and  direc-  thelt'atr*^*''' 
tion  of  said  board  of  health,  for  enforcing  the  laws  and  ordi-  {jg^Jj^*'^ 
nances  relating  to  the  preservation  of  health  and  to  tenement 
and  lodging  houses,  such  number,  not  exceeding  ten,  of  police 
officers  satisfactory  to  the  board  of  health  as  the  board  of 
health  may  desire,  and  the  services  of  the  police  officers  so 
detailed  shall  be  paid  for  by  said  board  of  health;  and  said 


250  Acts,  1911.  —  Ciiaps.  288,  289. 

officers  so  detailed  shall  continue  subject  to  the  direction 
of  said  board  of  health  until  exchanged  for  others  at  the 
request  of  said  last  named  board.  Said  police  commis- 
sioner is  hereby  authorized  and  empowered  to  ajipoint  patrol- 
men, in  number  not  exceeding  ten,  to  fill  any  vacancies  in 
the  police  force  in  the  city  which  may  be  causeil  by  the 
detailing  of  officers  as  provided  in  this  act. 
Section  2.     This  act  shall  take  ett'ect  upon  its  passage. 

Approved  April  I4,  1-'>11. 

C//rt/).288  An  Act  to  authorize  the  city  of  boston  to  pay  a  sum  of 

MONEY  TO   THE   WIDOW   OF  WILLIAM   T.    CHESWELL. 

Be  it  enacted,  etc.,  as  follows: 
The  city  of  SECTION  1.     The  citv  of  Bostou  is  herebv  authorized  to 

Boston  may  •  i     i    li  ai-ii-      i> 

pay  a  sum  of     pay  a  sum  not  exceeduig  three  thousand  dollars  to  Alillie  n. 
MHiVeB.'  Cheswell,  widow  of  William  T.  Cheswell  late  a  chief  of  the 

chesweii.  ^^^^  department  of  that  city,  who  died  from  injuries  received 

while  in  the  performance  of  his  duties. 

Section  2.     This  act  shall  take  effect  upon  its  accept- 
ance by  the  mayor  and  city  council  of  the  city  of  Boston. 

Approved  April  14,  1'>11. 


Chap.2S9  An  Act  rel.\tive  to  prosecutions  for  selling  adul- 
terated OR  misbr.\nt)ed  articles  of  food  or  drugs. 

Be  it  enacted,  etc.,  as  follows: 

Prosecutions         Section  1.     Xo  dealer  shall  be  prosecuted  under  the  pro- 
tor  selling  „  .  .  .       .       ,       .  e     1 

adulterated       vislous  of  scctious  sixtccu  to  twcuty-sLX,  mclusivc,  of  chapter 

or  uiisbranded  ,       n  r  xl        T>        •        1    T  '  i'  j.  1 

articles  of         sevcnty-nvc  01  the  Keviscd  i^aws,  or  ot  any  act  suppiemen- 
food,  etc.  ^.^j,,^.  ^jj^,j.^,^^^  QP  amentlatory  thereof,  for  selling,  exposing  for 

sale,  or  having  in  his  custody  or  possession  with  intent  to 
sell,  any  article  of  food  or  any  drug  or  medicine  whieh  has 
been  ailulterated  or  misbranded  contrary  to  the  laws  of  this 
comnioinvealth,  or  which  contains  any  substance,  the  use  of 
whieh  in  food  or  in  drugs  is  forbidden  by  the  laws  of  this  com- 
monwealth, if  he  can  establish  a  guaranty  signed  by  the  manu- 
facturer, wholesaler,  or  jobber  within  this  commonwealth 
from  whom  he  purchased  the  saiil  article,  drug  or  medicine, 
to  the  ell'eet  that  the  same  is  not  adulterated  or  misbranded 
within  the  meaning  of  this  act.  designating  the  act.  Such 
guaranty,  to  alVord  proteetion,  shall  contain  the  name  and 
atldress  of  the  i)arty  or  parties  making  the  Side  of  such 


Acts,  1911.  — Chap.  290.  251 

articles  to  such  dealer,  and  in  that  case  such  party  or  parties 
shall  be  subject  to  the  prosecution,  fine  or  other  penalties 
which  would  attach  in  due  course  to  the  dealer  under  the 
provisions  of  the  sections  aforesaid. 

Section  2.     So  much  of  chapter  seventy-five  of  the  Re-  Repeal, 
vised  Laws  as  is  inconsistent  herewith  is  hereby  repealed. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  14,  1011. 


An  Act  relative  to  the  operation  of  the  cars  of  street  (J/k^j)  290 

RAILWAY    companies    ACROSS    THE    TRACKS    OF    RAILROAD 
CORPORATIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  eighty-two  of  Part  III  of  chapter  four  hundred  and  J^8*^>*^'pfr^t' 
sixty-three  of  the  acts  of  the  year  nineteen  hundred  and  six  in,  amended, 
is  hereby  amended  by  adding  at  the  end  thereof  the  words: 
—  provided,  however,  that  the  board  of  railroad  commission- 
ers may,  for  such  term  and  under  such  restrictions  as  it 
may  from  time  to  time  prescribe,  modify  or  suspend  the 
requirements  of  this  section  with  respect  to  any  such  cross- 
ing by  a  street  railway  of  a  railroad  built  for  private  use  under 
the  provisions  of  section  two  hundred  and  fifty-one  of  Part 
II  of  this  act,  or  of  a  branch,  spur  or  siding  of  a  railroad 
built  or  used  only  for  the  transportation  of  freight  to  the 
premises  of  manufacturing  or  other  industrial  plants,  —  so 
as  to  read  as  follows :  —  Section  82.  If  a  street  railway  crosses  Cars  to  stop 
at  the  same  level  a  steam  railroad  where  locomotive  engines  ^*  crossings. 
are  in  daily  use,  every  motorman  of  a  car  upon  the  street 
railway  shall,  when  approaching  the  point  of  intersection, 
stop  his  car  within  one  hundred  feet  of  the  crossing.  For 
each  violation  of  the  provisions  of  this  section,  the  motor- 
man  shall  forfeit  ten  dollars,  and  the  company  which  em- 
ploys him  shall  forfeit  twenty  dollars:  provided,  lunvever,  that  Proviso, 
the  board  of  railroad  commissioners  mav,  for  such  term  and 
under  such  restrictions  as  it  may  from  time  to  time  pre- 
scribe, modify  or  suspend  the  requirements  of  this  section 
with  respect  to  any  such  crossing  by  a  street  railway  of  a 
railroad  built  for  private  use  under  the  provisions  of  section 
two  hundred  and  fifty-one  of  Part  II  of  this  act,  or  of  a 
branch,  spur  or  siding  of  a  railroad  built  or  used  only  for 
the  transportation  of  froiglit  to  the  premises  of  manufactur- 
ing or  other  industrial  plants.      Approved  April  I4,  1011. 


252 


Acts,  1911.  — Cuaps.  291,  292. 


Chap.%)\  An  Act  to  PROvroE  for  the  protection  of  the  public 

HEALTH    IN   THE   VICINITY   OF  THE   TOWNS   OF  WINCHESTER 
AND   STONEHAM   AND   THE  CITY   OF  WOBURN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  state  board  of  health  is  hereby  author- 
ized  and  directed  to  prohibit  the  entrance  or  discliarn;e  of 
sewage  into  any  part  of  Aberjona  river,  or  its  tril)utaries, 
anfl  to  prevent  the  entrance  or  discharge  therein  of  any  other 
substance  which  might  be  injurious  to  pubHc  health  or  might 
tend  to  create  a  public  nuisance. 

Section  2.  The  board  shall  consult  and  advise  with  the 
owner  of  any  factory  or  other  establishment  situated  on  or 
near  the  said  river  or  any  of  its  tributaries,  at  his  request 
or  of  its  own  motion,  as  to  the  best  practicable  and  reason- 
ably available  means  of  rendering  the  waste  or  refuse  there- 
from harmless. 

Section  3.  The  supreme  judicial  court  or  any  justice 
thereof,  and  the  superior  court  or  any  justice  thereof,  sliall 
have  jurisdiction  in  equity  to  enforce  the  provisions  of  this 
act,  and  any  order  made  by  the  state  board  of  health  in  con- 
formity therewith.  Proceedings  to  enforce  any  such  order 
shall  be  instituted  and  prosecuted  by  the  attorney-general 
upon  the  request  of  the  state  board  of  health. 

Section  4.  Whoever  permits  the  entrance  or  discharge 
into  any  part  of  Aberjona  river,  or  its  tributaries,  of  sewage 
or  of  any  other  substance  injurious  to  public  health  or  tend- 
ing to  create  a  public  nuisance  shall  be  punished  by  a  fine 
not  exceeding  five  hundred  dollars  for  each  offence. 

Section  5.  This  act  shall  take  effect  on  the  first  day  of 
July  in  the  year  nineteen  hundred  and  eleven. 

Approved  April  14>  1911. 


Entrance  of 
sewage  into 
Aberjona 
river  pro- 
hibited, etc. 


The  board  of 
health  to 
consult  with 
owner  of 
factories,  etc, 


Jurisdiction 
of  court. 


Penalty. 


Time  of 
taking  effect 


ChapSiS)1  An  Act  relative  to  the  classification  and  sal.\ries  of 

CLERKS   IN   THE  DEPARTMENT   OF  THE   INSURANCE  COMMIS- 
SIONER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  That  j)art  of  section  five  of  chapter  five  hun- 
dred and  sevent\-six  of  the  acts  of  the  year  nineteen  hundred 
and  seven,  which  begins  with  the  words  "The  conunissioner 
may  employ",  in  the  twelfth  line  of  said  section,  and  ends 
with  the  word  "year",  in  the  twentieth  line  thereof,  is  hereby 


1907,  ."^Tfi, 
§  5,  amended. 


Acts,  1011. —  Chap.  293.  253 

amended  by  striking  out  the  words  "with  an  annual  salary 
of  two  thousand  dollars,  a  chief  clerk  with  an  annual  salary 
of  two  thousand   dollars,   a  second   clerk  with  an   annual 
salary  of  fifteen  hundred  dollars,  a  third  clerk  with  an  annual 
salary  of  twelve  hundred  dollars",  and  inserting  in  place 
thereof  the  words :  —  with  an  annual  salary  of  twenty-five 
hundred  dollars,  an  assistant  actuary  with  an  annual  salary 
of  fifteen  hundred  dollars,  and  a  chief  clerk  with  an  annual 
salary  of  twenty-five  hundred  dollars,  —  so  that  said  part 
of  said  section  will  read  as  follows :  —  The  commissioner  may  Employees 
employ  in  his  department  an  actuary  with  an  annual  salary  commrs^ston-^ 
of  twenty-five  hundred  dollars,  an  assistant  actuary  with  an  ^^'^  °®*=^- 
annual  salary  of  fifteen  hundred  dollars,  and  a  chief  clerk 
with  an  annual  salary  of  twenty-five  hundred  dollars,  and 
such  additional  clerks  and  assistants  as  the  public  business 
in  his  charge  may  require,  at  an  expense  not  to  exceed  such 
amount  as  the  general  court  may  appropriate  each  year. 
Section  2.    This  act  shall  take  eft'ect  upon  its  passage. 

Approved  April  15,  1011. 


An  Act  relative  to  the  annual  report  of  the  board  Ckap.2d3 

OF   GAS  AND    ELECTRIC    LIGHT  COMMISSIONERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  seven  of  chapter  one  hundred  and  twenty-one  of  f^^amended 
the  Revised  Laws  is  hereby  amended  by  inserting  after  the 
word  "expedient",  in  the  seventh  and  eighth  lines,  the  words: 
—  but  including  the  names  and  addresses  of  the  principal 
officers  and  of  the  directors,  —  so  as  to  read  as  follows:  — 
Section  7.  The  board  shall  annually,  on  or  before  the  first  Annual 
Wednesday  in  January,  transmit  to  the  secretary  of  the 
commonwealth  a  report  to  the  general  court  of  its  doings, 
with  such  suggestions  as  to  the  condition  of  affairs  or  con- 
duct of  corporations  and  companies  which  are  engaged  in 
the  manufacture  and  sale  of  gas  or  electricity  for  light  or 
heat  as  may  be  appropriate,  with  such  abstracts  of  the 
returns  required  by  section  thirty-one  as  it  considers  expedi- 
ent, but  including  the  names  and  addresses  of  the  principal 
officers  and  of  the  directors,  and  an  abstract  of  the  accidents 
reported  to  it  under  the  provisions  of  section  thirty-nine. 

Approved  April  15,  1911. 


report. 


254  Acts,  1911.  —  Chaps.  294,  295,  29G. 


OAap.294  An  Act  relative  to  vacancies  in  the  offices  of  auditor 

OF  THE  commonwealth  Afrt)  SECRETARY  OF  THE  COMMON- 
WEALTH. 

Be  it  enacted,  etc.,  as  follows: 
Relative  to  SECTION  1.     Ill  the  evciit  of  a  vacancy  in  the  office  of 

vjicivnciC'SHi  1111  !•  !• 

certain  heads     auditoF  of  the  commonvvealth,  the  deputy  auditor,  and  in 
ments.  the  evcut  of  a  vacancy  in  the  office  of  secretary  of  the  com- 

monwealth, the  first  deputy  secretary,  shall  be  continued  in 
office  and  shall  perform  all  statutory  duties  of  the  auditor 
and  of  the  secretary,  respectively,  until  an  auditor  or  secre- 
tary shall  be  elected  or  appointed  and  shall  qualify  in  the 
manner  provided  by  law. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  17,  1911. 

ChapJ^S)^  An  Act  to  authorize  the  reinstatement  of  philip  h. 

SHANLEY    IN    THE    STREET    DEPARTMENT    OF    THE    CITY    OF 
BOSTON. 

Be  it  enacted,  etc.,  as  follows: 
Reinstate-  SECTION  1.     Philip  H.  Shaiilcv,  formcrlv  emploved  as  an 

nient  of  Pliilip  *  i>     I  •  i'   i> 

H.  shaniey       iuspcctor  lu  the  strcct  department  oi  the  city  oi  Boston  may, 
department       subjcct  to  thc  appi'oval  of  tlic  superintendent  of  streets,  and 
the  mayor,  be  reappointed  to  said  position  without  under- 
going a  civil  service  examination. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

{The  fore fjoing  was  laid  before  the  Governor  on  thc  tenth  day 

of  April,  toil,  and  after  five  days  it  had  ''the  force  of  a  law", 

as  prescribed  by  the  Constitntion,  as  it  ivas  not  returned  by  him 

with  his  objections  thereto  within  that  time.) 


of  Boston. 


appropriation. 


CJta2)-2d6  An  Act  relative  to  the  appropriation  for  the  food  and 

DRUG    DEPARTMENT    OF    THE    STATE    BOARD    OF    HEALTH. 

Be  it  enacted,  etc.,  as  follows: 
Increase  of  Tlic  aniuuil  api)roi)riation  made  for  thc  state  board  of 

nr»nr«T^rintif»r»  111  ^  ,  ^ 

health  for  the  purposes  of  food  and  drug  nisi)ection  is  hereby 
increased  by  the  sum  of  three  thousand  dollars. 

{The  f)ref/oin(/  was  laid  before  the  (lovcrnor  on  the  eleventh 
day  of  April,  ihll,  and  after  five  days  it  had  ''the  force  of  a 
law",  a^  prescribed  by  the  Con^'titntion,  as  it  was  not  returned 
by  him  with  his  objections  thereto  within  that  time.) 


Acts,  1911.  — Chap.  297.  255 


An  Act  to  transfer  certain  powers  from  the  cattle  Chap.297 

BUREAU    OF    the    STATE    BOARD    OF    AGRICULTURE    TO    THE 
STATE    BOARD    OF   HEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     Section  seven  of  chapter  ninety  of  the  Re-  r.  l.  9o,  §  v. 
vised  Laws  is  hereby  amended  by  striking  out  the  words  ^^'^'^  *^ 
"The  board",  in  the  first  Hne,  and  inserting  in  place  thereof 
the  words :  —  The  state  board  of  health,  —  so  as  to  read  as 
follows:  —  Section  7.     The  state  board  of  health  may  make  Regulation 
regulations  for  the  inspection  of  meat,  which  shall  conform  spectkm."^ 
to  the  regulations  of  the  United  States  bureau  of  animal 
industry  for  the  inspection  of  meat  for  export  and  for  inter- 
state commerce. 

Section  2.     Section  one  hundred  of  chapter  seventy-five  r.  l.  75, 
of  the  Revised  Laws  is  hereby  amended  by  striking  out  the  Amended. 
words  "board  of  cattle  commissioners",  in  the  fifteenth  line, 
and  inserting  in  place  thereof  the  words:  —  state  board  of 
health,  —  so   as   to   read   as   follows:  —  Section   100.     The  issue  of 

111  1       ,  1         J 1  rr>  licenses,  etc. 

mayor  and  aldermen,  selectmen,  or  such  other  omcers  as 


they  shall  designate,  or  in  a  town  having  a  population  of 
more  than  five  thousand,  the  board  of  health,  if  any,  may 
annually  issue  licenses  to  carry  on  the  business  of  slaughter- 
ing neat  cattle,  sheep  or  swine  to  applicants  therefor.  The 
fee  for  each  license  shall  be  one  dollar.  The  license  shall 
name  the  persons  licensed  to  conduct  such  business,  and  the 
building  or  establishment  in  which  it  is  to  be  carried  on, 
and  it  shall  continue  in  force  until  the  first  day  of  May  of 
the  year  next  ensuing,  unless  sooner  forfeited  or  rendered 
void.  A  record  shall  be  kept  by  the  board  or  officers  author- 
ized to  issue  licenses  of  all  applications  for  licenses  under 
the  provisions  of  the  preceding  section  and  of  all  licenses 
issued,  which  shall  be  evidence  of  the  issue  of  any  such  license. 
Such  board  or  officers  shall  annually,  on  or  before  the  first 
day  of  June,  send  to  the  state  board  of  health  a  copy  of 
every  application  made  to  them  under  the  provisions  of  the 
preceding  section  and  their  action  thereon,  and  a  list  of  all 
persons  with  their  addresses,  who  although  engaged  in  the 
business  named  in  the  preceding  section  on  the  last  day  of 
the  previous  April,  failed  to  make  application  for  a  license. 

Section  3.  Section  one  hundred  and  one  of  chapter  r.  l.  75, 
seventy-five  of  the  Revised  Laws  is  hereby  amended  by  fme^nded. 
striking  out  the  words  "a  member  of  the  board  of  health 


256 


Acts,  1911.  — Chap.  297. 


Slaughtering 
of  cittle. 


R.  L.  75, 

§  102, 
amended. 


Powers  and 
duties  of  in- 
spectors, etc. 


R.  L.  75, 
§  103, 
amended. 


Certain  car- 
cusses  to  be 
stamped. 


or  of  an  inspector  appointed  tlierefor  by  said  board",  in  the 
fifth  and  sixth  Hnes,  and  inserting  in  place  thereof  the  words: 

—  an  inspector  of  the  state  board  of  health,  —  so  as  to  read 
as  follows:  —  Section  101.  A  licensee  under  the  provisions 
of  the  preceding  section  shall  not  slaughter  any  such  animals, 
or  cause  them  to  be  slaughtered  at  such  slaughter  house  or 
establishment,  on  any  days  other  than  those  specified  in  the 
application  for  such  license,  except  in  the  presence  of  an 
inspector  of  the  state  board  of  health;  but  he  may  at  any 
time  change  the  days  for  slaughtering  such  animals,  by  giv- 
ing at  least  seven  days'  written  notice  thereof  to  the  board 
or  officer  authorized  to  issue  licenses,  who  shall  immediately 
give  written  notice  of  such  change  to  such  inspector  of  such 
city  or  town. 

Section  4.  Section  one  hundred  and  two  of  chapter 
seventy-five  of  the  Revised  Laws  is  hereby  amended  by 
striking  out  the  words  "board  of  cattle  commissioners", 
in  the  seventh  line,  and  inserting  in  place  thereof  the  words: 

—  state  board  of  health,  —  so  as  to  read  as  follows:  — 
Section  102.  Such  inspector  as  has  been  appointed  by  the 
board  of  health  shall  be  present  at  all  licensed  slaughter 
houses  or  establishments  upon  the  days  designated  for 
slaughter  by  the  licensee,  as  provided  in  the  preceding 
section,  and  there  carefully  examine  the  carcasses  of  all 
animals  at  the  time  of  slaughter.  Such  inspection  shall  be 
made  in  such  manner  and  under  such  rules  and  regulations 
as  the  state  board  of  health  may  determine  and  direct.  If, 
in  the  opinion  of  an  insjjector,  any  carcass,  or  any  meat  or 
product  thereof  is  diseased,  corrupted,  unwholesome  or  imfit 
for  food,  he  shall  seize  it  and  cause  it  to  be  destroyed,  as 
provided  in  section  seventy  of  chapter  fifty-six. 

Section  5.  Section  one  hundred  and  three  of  chapter 
seventy-five  of  the  Revised  Laws,  as  set  forth  in  chaj^ter 
two  hundred  and  twenty  of  the  acts  of  the  year  nineteen 
hundred  and  three,  and  as  amended  by  chaj^ter  four  hundred 
and  seventv-one  of  the  acts  of  the  ^"ear  nineteen  hundred 
and  nine,  is  hereby  further  amended  by  striking  out  the 
words  "  cattle  bureau  of  the  state  board  of  agriculture  ",  in 
the  twelfth  line,  and  inserting  in  place  thereof  the  words:  — 
state  board  of  health,  —  so  as  to  read  as  follows:  —  Section 
10.^.  In  a  slauglitering  establishment  wherein  inspection  and 
l)ran(ling  are  not  carried  on  under  the  rules  and  regulations 
for  the  inspection  of  live  stock  and  otiier  jiroducts,  established 
by  the  United  States  dei)artnient  of  agriculture  in  accord- 


Acts,  1911.  — Chap.  298.  257 

ance  with  acts  of  congress,  the  carcasses  of  animals  slaugh- 
tered under  the  provisions  of  the  four  preceding  sections 
shall  at  the  time  of  slaughter,  if  not  condemned,  be  stamped 
or  branded  by  the  inspector  thereof  in  like  manner  as  those 
inspected  by  the  United  States  bureau  of  animal  industry 
for  interstate  trade,  by  a  stamp  or  brand  designed  for 
the  purpose  by  the  state  board  of  health,  which  shall  be 
furnished  by  it  to  the  board  of  health  of  a  city  or  town 
applying  therefor.  Such  stamps  shall  be  uniform  in  design 
throughout  the  commonwealth,  but  shall  contain  the  name 
of  the  city  or  town  in  which  they  are  used. 

Section  6.  For  the  purposes  of  this  act  inspectors  of  ^nnspeS! 
meats  and  provisions  shall  be  appointed,  shall  be  compen-  ®^^- 
sated,  and  may  be  removed  in  accordance  with  the  provi- 
sions of  law  relating  to  inspectors  of  animals,  except  that 
the  state  board  of  health  shall  in  respect  to  its  inspectors 
perform  the  duties  and  exercise  the  authority  imposed  by 
law  upon  the  chief  of  the  cattle  bureau  of  the  state  board 
of  agriculture  in  respect  to  inspectors  of  animals.  The  first 
appointments  under  this  act  shall  be  made  within  thirty 
days  after  its  passage. 

Section  7.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  20,  1911. 

An  Act  relative  to  the  seniority  of  officers  in  the  (JJkij)  298 

MILITIA    transferred    FROM    ONE    OFFICE    OR    ORGANIZA- 
TION  TO   ANOTHER. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.     Section  forty-one  of  chapter  six  hundred  and  \^2^'  ^°^' 
four  of  the  acts  of  the  year  nineteen  hundred  and  eight  is  amended. 
hereby  amended  by  inserting  after  the  word  "without",  in 
the  thirteenth  line,  the  words :  —  increase  of  grade  or,  — 
so  as  to  read  as  follows:  —  Section  41-     Commissioned  ofR-  Rankof  com- 
cers  shall  rank  according  to  the  date  of  their  commissions.  ™fficers'^'"^ 
Between  officers  of  the  same  grade  and  date  of  appointment 
or  commission,  where  there  has  been  no  previous  military 
service,  the  relative  rank  shall  be  determined  by  lot.     Such 
previous  service  shall  count,  as  in  the  army  or  navy  of  the 
United  States,  and  in  the  volunteer  militia  or  reserve  militia 
of  this  commonwealth  only,  and  in  the  order  herein  named. 

The  day  of  the  appointment  or  election  of  an  officer  shall  Date  of 
be  expressed  in  his  commission  and  shall  be  considered  as  to  be'"  °'^'' 


258 


Acts,  1011.  — Chaps.  299,  300. 


expressed  in 
commission. 


the  date  thereof.  Wlien  an  officer  is  appointed,  elected,  or 
transferred  from  one  office  or  organization  to  another,  Avith- 
oiit  increase  of  grade  or  loss  of  grade  or  continuous  service, 
he  shall  rank  in  his  grade  according  to  the  date  of  his  original 
commission,  which  shall  be  stated  in  his  new  commission. 
The  provisions  of  this  section  shall  not  apply  when  a  com- 
missioned officer  is  transferred  by  election  or  appointment 
from  the  staff  to  the  line. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  20,  1911. 


Re.adjustment 
of  salaries  of 
certain 
officials. 


Chajh'Zdd  An  Act  to  provide  for  the  readjustment  of  the  sal- 
aries OF  CLERKS  OF  COURTS,  COUNTY  COMMISSIONERS  AND 
COUNTY  TREASURERS  AFTER  THE  TAKING  OF  A  NATIONAL 
OR    STATE    CENSUS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  salaries  of  clerks  of  courts,  count v  com- 
missioners  and  county  treasurers,  and  the  classes  into  which 
counties  are  distributed,  when  the  population  thereof  as 
ascertained  by  the  last  preceding  national  or  state  census 
permits  it,  shall  so  be  readjusted  by  the  officer  paying  the 
salary,  as  to  correspond  with  the  classes  and  salaries  pro- 
vided for  by  chapter  four  hinidred  and  fifty-one  of  the  acts 
of  the  year  nineteen  hundred  and  four,  and  acts  in  amend- 
ment thereof  and  in  addition  thereto.  Payment  of  salaries 
so  readjusted  shall  begin  on  the  first  day  of  July  in  the  year 
in  which  the  said  census  is  taken. 

Section  2.  This  act  shall  not  be  construed  to  reduce 
the  salary  of  any  official  aforesaid  established  by  special 
act  of  the  general  court  since  the  year  nineteen  hundred  and 
four;  and  so  far  as  it  shall  operate  to  reduce  the  salary  of 
any  other  official,  this  act  shall  not  take  effect  while  the 
present  incumbent  continues  to  hold  office. 

Approved  April  20,  1911. 

Chap.'SOO  An  Act  relative  to  the  prepar.\tion  and  opening  for 

PUBLIC   travel   OF   WAYS   IN   THE   CITY   OF   LOWELL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  After  the  passage  of  this  act  no  ])erson  or 
corporation  shall  ])rcpare  or  ()j)en  for  public  tra\el  in  the 
city  of  Lowell  any  way,  unless  its  location,  direction,  width 
and  grades  are  satisfactory  to  and  have  been  approved  in 


Reduction  of 
salary  not 
authorized. 


Opening  of 

ways  for 
pnlilii-  travel 
in  Lowell. 


Acts,  191 1 .  — Chaps.  301,  302.  259 

writing  by  a  board  consisting  of  the  mayor,  the  civil  engineer, 
and  the  superintendent  of  streets  of  the  city. 

Section  2.     This  act  shall  take  effect  upon  its  accept-  J'™''"^^  , 
ance  by  the  board  of  aldermen  of  the  city,  after  a  public 
hearing.  Approved  April  20,  1911. 

An  Act  relative  to  the  authority  of  the  board  of  (JJkij)  301 
health  of  the  city  of  quincy. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  board  of  health  of  the  city  of  Quincy  Authority  of 
is  hereby  authorized  to  establish  rules  and  regulations  gov-  heaith'^of  ° 
erning  the  cleaning  out  of  vaults,  privies  and  cesspools  in  Q^'n^'y- 
that  city,  and  it  may  prohibit  the  cleaning  out  of  any  vault, 
privy  or  cesspool  in  the  city  except  by  its  agents  or  em- 
ployees, and  it  may  do  such  work  by  its  agents  or  employees. 
The  board  may  establish  rules  and  regulations  fixing  the 
amounts  to  be  charged  for  doing  said  work,  and  whenever 
the  work  is  done  by  the  agents  or  employees  of  the  board  it 
shall,  as  soon  as  may  be  after  the  work  is  done,  notify  the 
owner  of  the  premises  on  which  the  vault,  privy  or  cesspool 
is  located,  of  the  charge  made  for  doing  the  work  and  if 
the  money  so  charged  is  not  paid  to  the  city  treasurer  within 
thirty  days  thereafter,  the  city  may,  in  an  action  of  con- 
tract, recover  the  amount  so  charged  by  the  board  of  health 
from  the  owner  of  said  premises. 

Section  2.     This  act  shall  not  be  construed  as  limiting  certain 
or  taking  away  from  said  board  of  health  any  authority  now  fi^tTd,°tc. 
vested  in  it  to  make  and  enforce  rules  and  regulations  gov- 
erning the  cleaning  out  of  vaults,  privies  and  cesspools,  and 
the  removal  and  disposal  of  the  contents  thereof. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  20,  1911. 

An  Act  to  provide  for  the  appointment  of  an  addi-  (JJkijj  302 
tional  court  officer  for  the  probate  court  of  the 

COUNTY   of   MIDDLESEX. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  one  hundred  and  sixty-four  of  the  r.  l.  i64, 
Revised  Laws  is  hereby  amended  by  striking  out  section  amended. 
thirty-four  and  inserting  in  place  thereof  the  following:  — 
Section  SA.     In  addition  to  the  officers  whom  the  sheriff  Appointment 

PI  i>n/r*iii  •  I'll  •  of  omeers  in 

01  the  county  01  Middlesex  is  authorized  by  section  seventy-  the  county  of 


260  Acts,  1911.  — Chap.  303. 

Middlesex,  three  of  cliapter  one  hundred  and  sixty-five  to  appoint,  he 
may  appoint,  subject  to  the  approval  of  the  judges  of  pro- 
bate and  insolvency  for  said  county,  two  officers  who  shall 
serve  as  permanent  court  officers  for  attendance  at  the  ses- 
sions of  the  probate  court.  Each  of  said  officers  shall  give 
bond  in  the  sum  of  ten  thousand  dollars,  for  the  faithful 
performance  of  his  duties,  payable  to  the  sheriff  of  said 
county  with  sureties  who  shall  be  approved  by  either  of  said 
judges.  Said  officers  shall  ser^■e  the  orders,  precepts  and  proc- 
esses issued  by  said  probate  court  or  by  either  judge'  thereof. 
Said  officers  shall  each  receive  from  the  county  of  JNIiddlesex 
an  annual  salary  of  seventeen  hundred  doJlars  in  full  pay- 
ment for  all  services  performed  by  him,  ten  cents  a  mile 
for  travel  out  and  home  once  a  week  during  such  attendance, 
if  the  distance  exceeds  five  miles  one  way,  and  one  hundred 
dollars,  annually,  in  addition  to  his  salary,  to  provide  a 
uniform,  which  he  shall  w^ear  while  in  attendance  on  said 
courts. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  20,  1911. 


Chap.303  An  Act  making  appropriations  for  sundry  miscellane- 
ous EXPENSES  AUTHORIZED  DURING  THE  PRESENT  YEAR. 

Be  it  enacted,  etc.,  as  follows: 

Appropria-  SECTION  1.     The  sums  hereinafter  mentioned  are  appro- 

priated, to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  except  as  hereinafter  otherwise 
provided,  for  the  purposes  specified,  to  wit:  — 

Kdward  w.  For  Edward  W.  Brewer,  as  authorized  by  chapter  six  of 

the  resolves  of  the  present  year,  the  sum  of  one  hundred 
and  eighty-five  dollars,  the  same  to  be  paid  out  of  the  ]\Iotor 
Vehicle  Fees  Fund. 

Merchants  For  the  Mcrchauts  Club  of  Boston,   as  authorized   by 

ton.'"  °^  chapter  eight  of  the  resolves  of  the  present  year,  the  sum 
of  seventy-five  dollars,  the  same  to  be  paid  from  the  fees 
received  from  liquor  licenses. 

Commission  YoT  cxpcnscs  in  councction  with  the  commission  appointed 

to  invostigiite  .  /•       .       .1        •  .•  e    n      ^      •  11 

the  inspection    to  Hivestigate  thc  mspcctiou  ot  lactones,  workshops,  mer- 
etc'  '       cantile  establishments  and  other  buildings,  as  authorized  by 

chapter  ten  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  twelve  hundred  dollars,  the  same  to  be  in  addi- 
tion to  any  amount  heretofore  ai)propriated  for  this  purpose. 


Acts,  1911.  — Chap.  304.  261 

For  the  erection  of  a  bronze  tablet  on  the  site  of  the  Myles  Tablet  on  the 
Garrison  house  in  the  town  of  Swansea,  as  authorized  by  MyiesGarri- 
chapter  eleven  of  the  resolves  of  the  present  year,  a  sum  not  ^""^  ^°"**'" 
exceeding  six  hundred  dollars. 

For  reprinting  the  publication  relative  to  the  agricultural  ^glourils'^*^ 
resources  of  Massachusetts,  as  authorized  by  chapter  thir- 
teen of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
fifteen  hundred  dollars. 

For  fire  protection  at  the  state  normal  school  at  Fitch-  Fitehburg 
burg,  as  authorized  by  chapter  fourteen  of  the  resolves  of  "c^h^i 
the  present  year,  a  sum  not  exceeding  two  thousand  dollars. 

For  the  New  England  Industrial  School  for  Deaf  Mutes,  New  England 
as  authorized  by  chapter  fifteen  of  the  resolves  of  the  present  schoorfM 
year,  the  sum  of  thirty-five  hundred  dollars.  Deaf  Mutes. 

For  William  H.  I/awrence,  as  authorized  by  chapter  six-  wiiiiam  h. 
teen  of  the  resolves  of  the  present  year,  the  sum  of  four  ^^^*^'^'^^- 
hundred  fifty-eight  dollars  and  thirty-four  cents. 

For  the  purchase  of  the  card  catalogue  of  the  general  court  prd  cata- 
of  Massachusetts  prepared  by  the  late  Caleb  B.  Tillinghast,  general  court. 
as  authorized  by  chapter  seventeen  of  the  resolves  of  the 
present  year,  a  sum  not  exceeding  five  thousand  dollars. 

For  the  preparation  of  a  memorial  of  the  soldiers,  sailors  Memorial 
and  marines  who  served  in  the  Spanish-American  war,  as  Ame^tcan 
authorized  by  chapter  nineteen  of  the  resolves  of  the  present  war  soldiers. 
year,  a  sum  not  exceeding  one  thousand  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  20,  1911. 


An  Act  relative  to  the  duties  of  election  officers.    Cliap.^OA: 

Be  it  enacted,  etc.,  as  follows: 

Section  two  hundred  and  fifty-one  of  chapter  five  hundred  i^^^J^  ^^^' 
and  sixty  of  the  acts  of  the  year  nineteen  hundred  and  seven  amended. 
is  hereby  amended  by  adding  at  the  end  thereof  the  follow- 
ing: —  except  that  he  shall  when  requested  make  a  state- 
ment of  the  figures  on  the  ballot  box  register,  which  state- 
ment shall  not  be  considered  an  official  declaration  as  to 
the  state  of  the  polls  or  of  the  number  of  ballots  cast,  —  so 
as  to  read  as  follows:  —  Section  251.     No  election  officer  statement 
shall,  before  the  public  declaration  of  the  vote,  make  any  oTbaiiotTox^ 
statement  of  the  number  of  ballots  cast,  the  number  of  register. 
votes  given  for  any  person,  the  name  of  any  person  w^ho  has 
voted  or  whose  name  has  not  been  checked,  or  of  any  other 


2G2 


Acts,  1911.  — Chap.  305. 


R.  L.  173, 
§  55,  etc., 
amended. 


Certain 
causes  may 
be  advanced 
for  speedy 
trial,  etc. 


fact  tending  to  show  the  state  of  the  polls,  except  that  he 
shall  when  requested  make  a  statement  of  the  figures  on  the 
ballot  box  register,  which  statement  shall  not  be  considered 
an  official  declaration  as  to  the  state  of  the  polls  or  of  the 
number  of  ballots  cast.  Approved  April  20,  1911. 

Chap.305  An   Act  relative   to    the   speedy    trial   of    certain 

CAUSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  fifty-five  of  chapter  one  hundred  and 
seventy-three  of  the  Revised  Laws,  as  amended  by  chapter 
two  hundred  and  seventy-one  of  the  acts  of  the  year  nine- 
teen hundred  and  five,  and  by  chapter  five  hundred  and 
thirty-eight  of  the  acts  of  the  year  nineteen  hundred  and 
ten,  is  hereby  further  amended  by  striking  out  said  section 
and  inserting  in  place  thereof  the  following:  —  Section  55. 
In  any  action  of  contract  in  which  the  defendant  has  appeared, 
any  plaintiff,  or  if  a  corporation  its  treasurer,  may  at  any 
time  before  the  case  is  on  the  short  list,  so-called,  file  an  affi- 
davit verifying  the  cause  of  action  and  stating  that  in  his 
belief  there  is  no  defence  thereto;  and  thereupon  the  clerk 
shall  issue  an  order  requiring  the  defendant  to  show  cause 
in  writing  and  under  oath  why  judgment  should  not  be  given 
for  the  plaintiff.  The  plaintiff  shall  immediately  give  notice 
in  writing  to  the  defendant  of  such  order,  and  iniless  the 
defendant,  within  seven  days  after  such  notice,  or  within 
such  further  time  as  the  court  may  allow,  consents  to  a 
default  and  to  judgment  for  the  amount  demanded,  if  the 
claim  is  to  recover  a  debt,  or  liquidated  demand,  or  unless 
by  affidavit  setting  out  specifically  and  clearly  the  sub- 
stantive facts  upon  which  he  relies  he  discloses  such  facts 
as  the  court  finds  entitle  him  to  defend,  the  court  shall  ad- 
vance said  action  for  speedy  trial;  but  if,  upon  a  hearing 
under  such  order  and  notice,  the  court  does  not  so  advance 
the  action,  it  may  in  its  discretion  award  the  defendant 
reasonable  costs.  The  court  shall  require  the  defendant  to 
disclose  specifically  and  clearly  the  substantive  facts  upon 
which  he  relies;  and  in  any  trial  any  affidavit  so  filed  by 
any  party  may  be  given  in  evidence  against  him.  If,  in 
an  action  appealed  by  the  defendant  from  a  police,  district 
or  municipal  court  or  trial  justice,  the  court  is  satisfied, 
upon  an  inspection  of  the  declaration,  that  the  ])laiiitiff  seeks 
to  recover  solely  for  his  personal   labor,   with  or  without 


Acts,  1911.  — Chap,  30G.  263 

interest,  the  court  shall  upon  motion  advance  such  action 
for  speedy  trial.  In  any  action  in  which  a  defendant  has 
appeared  and  answered,  such  defendant,  or  if  a  corpora- 
tion its  treasurer,  may  at  any  time  before  the  case  is  on  the 
short  list,  so-called,  file  an  affidavit  stating  that  in  his  belief 
there  is  no  merit  in  the  action;  and  thereupon  the  clerk  shall 
issue  an  order  requiring  the  plaintiff  to  show  cause  why  he 
should  not  become  non-suit.  The  defendant  shall  immedi- 
ately give  notice  in  writing  to  the  plaintiff  of  such  order,  and 
unless  within  seven  days  after  such  notice,  or  within  such 
further  time  as  the  court  may  allow,  the  plaintiff  consents 
to  a  non-suit,  or  unless  by  affidavit  setting  forth  specifically 
and  clearly  the  substantive  facts  upon  which  he  relies  he 
discloses  such  facts  as  the  court  finds  entitle  him,  if  they  are 
true,  to  maintain  his  action,  the  court  shall  advance  said 
action  for  speedy  trial.  At  any  trial  of  the  action  any  affi- 
davit filed  by  either  party,  as  herein  provided,  may  be  given 
in  evidence  against  him. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  20,  1911. 

An  Act  to  authorize  the  towns  of  weymouth  and  brain-  (JJiap.^OiS 

TREE  TO  REGULATE  THE  TAKING  OF  SMELTS  IN  THE  WATERS 
OF  WEYMOUTH   FORE   RIVER  AND  WEYMOUTH   BACK  RIVER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     By  joint  action  the  selectmen  of  the  towns  Regulating 
of  Weymouth  and  Braintree,  if  so  instructed  by  their  towns,  s^eitf  in  ce°r- 
may  grant  permits  for  the  taking  of  smelts  in  the  close  t^'^^  i'^'^^'^- 
season  between  the  fifteenth  day,  of  March  and  the  fifteenth 
day  of  April,  both  dates  inclusive,  in  the  Weymouth  Fore 
river  and  the  Weymouth  Back  river.     Such  permits  shall 
prescribe  the  time  and  method  of  so  taking  smelts,  and  the 
said  selectmen  may  make  such  other  regulations  in  regard 
to  said  fishery  as  they  may  deem  expedient:  provided,  that  Proviso. 
the  fish  so  taken  shall  be  in  quantities  not  exceeding  thirty- 
six  fish  in  any  one  day  by  any  one  person.     The  smelts  so 
taken  shall  not  be  sold  or  offered  for  sale  at  any  time.     Any 
person  receiving  smelts  under  this  act  who  sells,  gives  away 
or  disposes  of  the  same,  in  any  manner,  to  persons  other 
than  his  own  family  shall  be  subject  to  the  penalty  herein 
provided. 

Section  2.     The  board  of  commissioners  on  fisheries  and  Ruie^and 

,  ,  ,  ,       .  ,        I  regulations 

game  may  alter  or  annul   any  rule,  regulation  or  by-law,  maybe 

annulled. 


264:  Acts,  191L  — Chap.  307. 

relative  to  the  taking  of  smelts  under  this  act,  if,  in  their 
opinion,  the  same  is  prejudicial  to  the  maintenance  of  the 
fisheries. 
^■^l*f'"  1  r^A        Section  3.    The  towns  of  Weymouth  and  Braintree  are 

rights  in  land  i        •        i  i  •        i  , 

may  be  hereby  authorized  to  take  or  acquire  by  purchase  or  other- 

wise such  lands  or  rights  in  lands  along  the  said  rivers  as 
may  be  convenient  for  fishing  therein,  and  may  appropriate 
money  for  carrying  out  the  provisions  of  this  act.  The 
selectmen  and  any  persons  employed  by  them  or  authorized 
by  them  to  take  fish  under  the  provisions  of  this  act  may 
go  upon  and  pass  over  the  lands  of  any  person  through  or 
by  which  either  of  the  said  rivers  run,  provided  that  they 
shall  enter  upon  or  pass  over  such  lands  at  such  times  and 
places  as  the  selectmen  shall  prescribe,  and  only  for  the 
purpose  of  protecting  the  said  fishery  or  of  taking  the  said 
fish,  and  shall  do  no  more  damage  to  said  lands  than  is 
unavoidable.  Any  person  who  shall  prevent  or  hinder  the 
selectmen  or  any  person  authorized  by  them  in  the  proper 
use  of  the  said  lands,  as  above  provided,  shall  forfeit  a  sum 
not  exceeding  twenty  dollars  for  each  ofl'ence. 

Penalty.  SECTION  4.     Any  persou  not  authorized  by  the  selectmen 

of  the  said  towns  as  above  provided  who  shall  fish  in  the 
said  rivers  at  any  time  in  the  close  season,  and  any  person 
who  violates  any  provision  of  this  act  shall  be  liable  to  a 
fine  of  one  dollar  for  each  fish  or  part  thereof  in  respect 
to  which  the  violation  occurs. 

^'king^effect.  SECTION  5.  This  act  shall  take  effect  upon  its  acceptance 
by  a  majority  vote  of  the  legal  voters  of  the  said  towns 
present  and  voting  thereon  at  any  annual  or  special  town 
meeting.  .         Approved  April  20,  1911. 

CJiap.SOl  An  Act  to  authorize  the  municipal  authorities  of  the 

CITY  OF  LOWELL  AND  OF  THE  TOWN  OF  TYNGSBOROUGH  TO 
permit  speed  TESTS  OR  CONTESTS  UPON  CERTAIN  HIGHWAYS 
DURING  CERTAIN  DAYS  IN  THE  CURRENT  YEAR. 

Be  it  enacied,  eic,  as  follows: 

Sr^naTbe  Si<:cTiON  1.     Tlic  UKiyor  and  board  of  aldermen  of  the 

permitted,  city  of  LowcU  and  the  selectmen  of  the  town  of  Tyngs- 
borough  may,  after  a  public  hearing,  and  subject  to  such 
r(>giilations  concerning  the  closing,  use  and  control  of  the 
highways  as  they  deem  necessary  for  i)ul)lic  convenience  and 
safety,  grant  permits  to  ])ers<)ns  to  drive  motor  cycles  and 
automobiles  in  speed  tests  or  contests  during  si)ecilieil  times 


Acts,  1911.  — Chaps.  808,  309,  310.  265 

and  upon  specified  parts  of  any  public  way  or  ways,  in  their 

city  or  town,  respectively,  during  any  three  days  between 

the  fifth  day  of  September  and  the  first  day  of  October  of 

the  current  year,  both  inclusive:  j^rovided,  that  no  highway  Provisos. 

shall  be  closed  on  the  Lord's  day  nor  shall  any  practice, 

exhibition  or  speed  tests  or  contests  be  permitted  on  that 

day;  and  provided,  further,  that,  if  any  damage  is  done  to 

the  state  highway  over  which  these  races  are  run,  the  city 

of  Lowell  and  the  town  of  Tyngsborough  shall  repair  their 

proportionate  share  of  said  highway  to  the  satisfaction  of 

the  Massachusetts  highway  commission. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  20,  1911. 

An  Act  relative  to  returns  by  assessors  of  municipal  Chap.308 

ASSETS   AND   LIABILITIES. 

Be  it  enacted,  etc.,  as  follotvs: 

Section  L     Section  ninety-six  of  Part  I  of  chapter  four  Repeal, 
hundred  and  ninety  of  the  acts  of  the  year  nineteen  hundred 
and  nine  is  hereby  repealed. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  20,  1911. 

An  Act  relative  to  the  payment  of  a  fee  for  instruc-  Chap.'dO^ 

TION   IN   THE   EVENING   SCHOOLS. 

Be  it  enacted,  etc.,  as  follows: 

School  committees  in  cities  and  towns  in  which  evening  Paj-mentof 
schools  are  maintained  may  require  from  each  student  not  histruction 
bound  by  law  to  attend,  an  advance  payment  not  exceeding  sch^o^is!"^ 
one  dollar,  which  sum  may,  at  the  discretion  of  the  committee, 
be  turned  into  the  city  or  town  treasury  to  be  credited  to 
the  school  appropriation  of  such  city  or  town,  or  it  may  be 
returned  in  part  or  in  whole  to  the  student  at  such  time  and 
under  such  conditions  as  the  committee  may  determine. 

Approved  April  20,  1911. 

An  Act  relative  to  the  employment  of  certain  minors  Chap.Ki.0 

IN    FACTORIES,    WORKSHOPS    AND    MERCANTILE    ESTABLISH- 
MENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     No  illiterate  minor  between  the  age  of  six-  Employment 
teen  and  twenty-one  years  shall  be  employed  in  a  factory,  minors^Ttc. 


260 


Acts,  1911.  —  Chaps.  311,  312. 


workshop,  mechanical  or  mercantile  establishment  unless 
his  employer  procures  and  keeps  on  file,  accessible  to  the 
truant  officers  of  the  city  or  town  and  to  the  district  police 
and  inspectors  of  factories  and  public  buildings,  a  certificate 
showing  that  such  minor  is  sixteen  years  of  age  or  over. 
Said  certificate  shall  give  the  place  and  date  of  birth  of  such 
minor  and  his  personal  description.  The  printed  form  of 
the  certificate  shall  be  provided  by  the  chief  of  the  district 
police  and  shall  be  approved  by  the  attorney-general. 

Section  2.     This  act  shall  take  eft'ect  upon  its  passage. 

Apyroved  April  20,  1911. 


Transfer  of 
property  of 
the  Massa- 
chusetts 
Agricultural 
College. 


ChapSViA  An  Act  to  provide  for  the  transfer  of  the  property 

OF   THE   MASSACHUSETTS   AGRICULTURAL    COLLEGE    TO    THE 
COMMOmVEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  ]\Iassachusetts  Agricultural  College,  in- 
corporated by  chapter  two  hundred  and  twenty  of  the  acts 
of  the  year  eighteen  hundred  and  sixty-three,  shall  transfer 
all  its  property,  real  and  personal,  and  all  its  assets  of  every 
kind,  to  the  commonwealth,  excepting  such  property  not 
originally  paid  for  by  money  granted  by  the  commonwealth 
as  is  held  by  said  corporation  upon  special  trusts.  The 
transfer  shall  be  made  by  an  instrument  in  the  form  of  a 
conveyance  of  real  estate  executed  by  said  corporation,  and 
recorded  in  the  registry  of  deeds  for  the  county  of  Hamp- 
shire. Upon  the  recording  of  the  said  instrument,  the  ti-ans- 
fer  shall  be  complete,  and  title  to  the  property  therein  de- 
scribed shall  vest  in  the  commonwealth. 

Section  2.  The  laws  heretofore  governing  the  supjiort 
and  the  auditing  of  the  expenditures  and  accounts  of  the 
said  corporation  shall  continue  in  force. 

Approved  April  20,  1911. 


Certain  pro- 
visions of 
law  to 
continue  in 
force. 


C/*a».312  An  Act  to  provide  for  a  high  pressure  fire  service 

IN   THE   CITY   OF    IU)STON. 


High  pressure 
fire  service 
in  Boston. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  commissioner  of  public  works  of  the 
city  of  Boston  is  hereby  authorized  to  prc]xiro  ]ilans  and  to 
proceed  to  the  immediate  instiillation  of  a  suitable  and  effi- 
cient system  of  high  pressure  fire  service  for  the  said  city. 


Acts,  1911.  — Chap.  313.  267 

Section  2.  For  the  purpose  of  defraying  the  expenses  Expendi- 
incurred  under  the  provisions  of  this  act  the  city  council  ^^^^^' 
may  appropriate  during  the  ensuing  six  years  the  sum  of 
one  milHon  dollars.  The  said  appropriation  shall  be  not 
less  than  one  hundred  and  fifty  thousand  dollars  for  each 
year,  and  the  amount  which  the  city  council  shall  thus 
appropriate  in  any  one  year  shall  be  included  in  the  statutory 
limit  of  indebtedness  of  the  city  for  that  year. 

Section  3.     The  said  city  is  hereby  authorized  to  take  water  may 
such  quantities  of  water  as  may  be  necessary  for  the  proper  from^charies 
carrying  out  of  the  purposes  of  this  act  from  the  Charles  river  basin. 
river  basin.     It  shall  also  be  authorized  to  purchase  or  to 
erect  such  pumps  and  stations  as  may  be  necessary  to  carry 
out  the  purposes  of  this  act.     The  work  of  building  such 
pumping  stations  as   may  be  found  necessary  under  the 
authority  of  this  act  shall  be  done  by  contract  publicly 
advertised.     Not  more  than  fifteen  per  cent  of  the  indebted- 
ness incurred  under  the  provisions  of  this  act  in  any  year 
shall  be  expended  for  day  labor. 

Section  4.     This  act  shall  take  effect  upon  its  acceptance  Time  of 
by  the  city  council  and  mayor  of  the  city  of  Boston.  *'*'""^  ^^^''^^ 

Apyroved  April  20,  1011. 

An  Act  relative  to  the  employment  of  children  and  r'/ir/^T^l^ 
women  in  certain  workshops  connected  with  mer-         ^  ' 

CANTILE   establishments. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  provisions  of  section  forty-seven  of  chap- 1909,  5i4. 
ter  five  hundred  and  fourteen  of  the  acts  of  the  year  nine-  Ippu* n cer- 
teen  hundred  and  nine,  relative  to  the  employment  of  chil-  *^'"  ^^''^^s. 
dren  and  women  in  mercantile  establishments,  shall  also 
apply  to  children  and  women  employed  in  a  workshop  for 
the  making,  altering  or  repairing  of  garments:  provided,  that  Provisos, 
the  workshop  is  connected  with  a  mercantile  establishment 
where  the  said  garments  are  sold  at  retail,  and  is  owned  and 
operated  by  the  proprietor  of  such  mercantile  establishment; 
and  promded,  also,  that  such  children  and  women  shall  not 
be  employed  more  than  fifty-six  hours  in  any  one  week. 
The  provisions  of  section  forty-eight  of  the  said  chapter  shall 
not  apply  to  children  and  women  employed  as  aforesaid. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  20,  1911. 


268 


Acts,  1911.  —  Chaps.  314,  315. 


Chap.314:  An  Act  to  authorize  school  committees  to  expend 

MONEY   FOR  THE    SUPERVISION   OF   SPORTS. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  School  committees  in  cities  and  towns  may 
expend  money,  as  it  is  now  expended  for  public  school  pur- 
poses, for  the  supervision  of  play  and  games  on  land  under 
their  control,  and  for  the  equipment  thereof. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Aj) proved  April  20,  1911. 


Supervision 
of  sports, 
etc. 


1907,  576, 
§  11, 
amended. 


Indebtedness 
for  outstand- 
ing losses, 
etc. 


Chap.Slb  An  Act  to  increase  the  reserve  of  liability  companies 

FOR   OUTSTANDING    LOSSES. 

Be  it  enacted,  etc.,  as  follows: 

That  part  of  section  eleven  of  chapter  five  hundred  and 
seventy-six  of  the  acts  of  the  year  nineteen  hundred  and 
seven,  relating  to  the  reserve  of  liability  companies,  compris- 
ing lines  one  hundred  to  one  hundred  and  ninety-four,  both 
inclusive,  beginning  with  the  word  "Every",  in  the  one  hun- 
dredth hue,  and  ending  with  the  word  "underwriting",  in 
the  one  hundred  and  ninety-fourth  line,  is  hereby  amended 
by  striking  out  the  same  and  inserting  in  place  thereof  the 
following:  —  The  indebtedness  for  outstanding  losses  under 
insurance  against  loss  or  damage  resulting  from  accident  to 
or  injuries  suffered  by  an  employee  or  other  person,  for 
which  the  insured  is  liable,  and  under  insurance  against  loss 
from  liability  on  account  of  the  death  of  or  injury  to  an 
employee  not  caused  by  the  negligence  of  the  employer, 
shall  ije  determined  as  follows:  —  Each  corporation  which 
writes  policies  covering  any  of  said  kinds  of  insurance  shall 
include  in  the  annual  statement  required  by  section  one 
hundred  and  one  of  chapter  five  hundred  and  seventy-six 
of  the  acts  of  the  year  nineteen  hundred  and  seven,  a  schedule 
of  its  experience  thereunder,  in  the  United  States  and  in 
foreign  countries  in  the  case  of  corporations  organized  in 
the  United  States,  and  in  the  United  States  only  in  the  case 
of  corporations  organized  out.side  of  the  United  States,  giv- 
ing each  calendar  year's  experience  separately,  and  credit- 
ing or  cliargiug  each  item  to  the  year  in  which  the  policy 
to  wiiich  it  relates  was  written,  as  follows:  (1)  the  earned 
premiums  on  all  such  policies  written  during  the  period  of 


Acts,  1911.  — Chap.  315.  269 

ten  years  immediately  preceding  the  date  as  of  whicli  the  indebtedness 

,     ,  ,     •  J         1      •  ,1  •  11  1     for  outstand- 

statement  is  made,  benig  the  gross  premmms  on  all  such  ingiosaea, 
policies  including  excess  and  additional  premiums  and  premi-  ^^''' 
ums  in  course  of  collection,  less  return  premiums  and  premi- 
ums on  cancelled  policies,  and  less  the  unearned  premiums  on 
policies  in  force  as  shown  in  such  annual  statement;  (2)  the 
amount  of  all  payments  of  whatsoever  nature  made  by  rea- 
son or  on  account  of  injuries  covered  by  such  policies  written 
during  said  period.  This  amount  shall  include  medical  and 
surgical  attendance,  payments  to  claimants,  legal  expenses, 
salaries  and  expenses  of  investigators,  adjusters,  and  field 
men,  rents,  stationery,  telegraph  and  telephone  charges,  post- 
age, salaries  and  expenses  of  office  employees,  home-office 
expenses,  and  all  other  payments  made  on  account  of  such 
injuries,  whether  such  payments  are  allocated  to  specific 
claims  or  are  unallocated;  (3)  the  number  of  suits  being 
defended  at  the  date  as  of  which  the  statement  is  made  under 
policies  written  during  said  period,  except  suits  in  which 
liability  is  not  dependent  upon  negligence  of  the  insured, 
and  a  charge  of  seven  hundred  and  fifty  dollars  for  each 
suit;  (4)  the  number  of  deaths  for  which  the  insured  are 
liable  without  proof  of  negligence,  covered  by  policies  writ- 
ten during  said  period,  and  not  paid  for  at  the  date  as  of 
which  the  statement  is  made  and  a  charge  of  the  amount 
necessary  to  pay  for  such  deaths;  (5)  the  number  of  unpaid 
claims  at  the  date  as  of  which  the  statement  is  made  on  ac- 
count of  non-fatal  injuries  for  which  the  insured  are  liable 
without  proof  of  negligence,  covered  by  policies  written  dur- 
ing said  period  and  a  charge  equal  to  the  present  value  of 
the  estimated  future  payments;  (6)  the  loss  ratio  determined 
from  the  foregoing  as  to  each  year  separately,  using  as  the 
divisor  the  earned  premiums  shown  in  item  (1)  and  as  the 
dividend  the  amount  of  payments  shown  in  item  (2)  plus 
the  amounts  charged  in  items  (3),  (4)  and  (5) ;  (7)  the  number 
of  suits  being  defended  at  the  date  as  of  which  the  statement 
is  made  under  policies  written  more  than  ten  years  prior 
to  such  date,  except  suits  in  which  liability  is  not  dependent 
upon  negligence  of  the  insured ;  (8)  the  number  of  deaths  for 
which  the  insured  are  liable  without  proof  of  negligence, 
covered  by  policies  written  more  than  ten  years  prior  to  the 
date  as  of  which  the  statement  is  made,  and  not  paid  for  at 
such  date;  (9)  the  number  of  unpaid  claims  at  the  date  as 
of  which  the  statement  is  made  on  account  of  non-fatal 
injuries  for  which  the  insured  are  liable  without  proof  of 


270 


Acts,  1911.  — Chap.  315. 


Distribution 
of  certain 
payments, 
etc. 


Indebtedness 
for  outstand- 
ing losses, 
etc. 


negligence,  covered  by  policies  written  more  than  ten  years 
})rior  to  such  date. 

All  unallocated  payments  In  item  (2)  made  in  a  given  cal- 
endar year  subsequent  to  the  first  four  years  in  which  a 
corporation  has  been  issuing  such  policies  shall  be  distributed 
as  follows:  thirty-five  per  cent  shall  be  charged  to  the  poli- 
cies written  in  that  year,  forty  per  cent  to  the  policies  writ- 
ten in  the  preceding  year,  ten  per  cent  to  the  policies  written 
in  the  second  year  preceding,  ten  per  cent  to  the  policies 
written  in  the  third  year  preceding  and  five  per  cent  to  the 
policies  written  in  the  fourth  year  preceding;  and  such  pay- 
ments made  in  the  first  four  calendar  years  in  which  a  corpo- 
ration has  been  issuing  such  policies  shall  be  distributed  as 
follows:  in  the  first  calendar  year  one  hundred  per  cent  shall 
be  charged  to  the  policies  written  in  that  year;  in  the  second 
calendar  year  fifty  per  cent  shall  be  charged  to  the  policies 
written  in  that  year  and  fifty  jx^r  cent  to  the  policies  written 
in  the  preceding  year;  in  the  third  calendar  year  forty  per 
cent  shall  be  charged  to  the  policies  written  in  that  year, 
forty  per  cent  to  the  policies  written  in  the  preceding  year 
and  twenty  per  cent  to  the  policies  written  in  the  second 
year  preceding;  and  in  the  fourth  calendar  year  thirty-five 
per  cent  shall  be  charged  to  the  policies  written  in  that 
year,  forty  per  cent  to  the  policies  written  in  the  preceding 
year,  fifteen  per  cent  to  the  policies  written  in  the  second  year 
preceding  and  ten  per  cent  to  the  policies  written  in  the  third 
year  preceding,  and  a  schedule  showing  such  distribution 
shall  be  included  in  such  annual  statement. 

Every  such  corporation  shall  be  charged  with  indebtedness 
for  outstanding  losses  upon  such  policies  determined  as  fol- 
lows: (10)  for  all  suits  being  defended  under  policies  written 
more  than  ten  years  prior  to  the  date  as  of  which  the  state- 
ment is  made,  except  suits  in  which  liability  is  not  (le])cndent 
upou  negligence  of  the  insured,  one  thousand  ilollars  for 
each  suit;  (11)  for  all  suits  being  defended  under  policies 
written  more  than  five  years  and  less  than  ten  years  prior 
to  the  date  as  of  which  the  statement  is  made,  except  suits 
in  which  liability  is  not  dependent  upon  negligence  of  the 
insured,  seven  hundred  and  fifty  dollars  for  each  suit;  (12) 
for  all  deaths  for  which  the  insuretl  are  liable  without  j)roof 
of  negligence,  covered  by  policies  written  more  than  five 
years  i:)rior  to  the  date  as  of  which  the  statement  is  made, 
the  amount  necessary  to  pay  for  such  deaths;  (13)  for  all 


Acts,  1911.  — Chap.  315.  271 

unpaid  claims  on  account  of  non-fatal  injuries  for  which  the 
insurefl  are  liable  without  proof  of  negligence  under  policies 
written  more  than  five  years  prior  to  the  date  as  of  which 
the  statement  is  made,  the  present  value  of  the  estimated 
future  payments;  (14)  for  the  policies  written  in  the  five 
years  immediately  preceding  the  date  as  of  which  the  state- 
ment is  made  an  amount  determined  as  follows:  multiply 
the  earned  premiums  of  each  of  such  five  years  as  shown  in 
item  (1)  by  the  loss  ratio  ascertained  as  in  item  (6)  on  all 
the  policies  written  in  the  first  five  years  of  the  said  ten-year 
period,  using  as  the  divisor  the  sum  of  the  earned  premiums 
shown  in  item  (1)  for  said  first  five  years,  and  as  the  dividend 
the  sum  of  the  payments  shown  in  item  (2)  for  said  first  five 
years  plus  the  sum  of  the  charges  in  items  (3),  (4)  and  (5) 
for  said  first  five  years;  but  the  ratio  to  be  used  shall  in  no 
event  be  less  than  fifty  per  cent  at  and  after  December 
thirty-first,  nineteen  hundred  and  eleven,  nor  less  than  fifty- 
one  per  cent  at  and  after  December  thirty-first,  nineteen 
hundred  and  twelve,  nor  less  than  fifty-two  per  cent  at  and 
after  December  thirty-first,  nineteen  hundred  and  thirteen, 
nor  less  than  fifty-three  per  cent  at  and  after  December 
thirty-first,  nineteen  hundred  and  fourteen,  nor  less  than 
fifty-four  per  cent  at  and  after  December  thirty-first,  nine- 
teen hundred  and  fifteen,  nor  less  than  fifty -five  per  cent 
at  and  after  December  thirty-first,  nineteen  hundred  and 
sixteen;  and  from  the  amount  so  ascertained  in  each  of  the 
last  five  years  of  said  ten-year  period  deduct  all  payments 
made  under  policies  written  in  the  corresponding  year  as 
shown  in  item  (2),  and  the  remainder  in  the  case  of  each 
year  shall  be  deemed  th»  indebtedness  for  that  j'ear:  pro-  proviso. 
vided,  however,  that  if  the  remainder  in  the  case  of  any  year 
of  the  first  three  years  of  the  five  years  immediately  preced- 
ing the  date  as  of  which  the  statement  is  made  shall  be  less 
than  the  sum  of  the  three  following  items  for  that  year  at 
that  date,  — ■  (a)  the  number  of  suits,  except  suits  in  which 
liability  is  not  dependent  upon  negligence  of  the  insured, 
being  defended  under  policies  written  in  that  year,  and  a 
charge  of  seven  hundred  and  fifty  dollars  for  each  suit; 
(6)  the  amount  necessary  to  pay  for  all  deaths  for  which  the 
insured  are  liable  without  proof  of  negligence,  covered  by 
policies  written  in  that  year;  and  (c)  the  present  value  of 
estimated  unpaid  claims  on  account  of  non-fatal  injuries  for 
which  the  insured  are  liable  without  proof  of  negligence, 


272  Acts,  1911.  —  Chaps.  316,  317. 

covered  by  policies  written  in  that  year,  —  then  the  sum  of 
said  items  (a),  (b)  and  (c)  shall  be  the  indebtedness  for  that 
year. 
■'Annual  \  Corporation  which  has  been  issuing  such  policies  for  a 

etc.  '  period  of  less  than  ten  years  shall  nevertheless  include  in 
its  annual  statement  a  schedule  as  hereinbefore  required  for 
the  years  in  which  it  issued  such  policies,  and  shall  be  charged 
with  an  indebtedness  determined  in  the  same  manner;  but 
in  determining  the  indebtedness  for  policies  written  in  the 
five  years  immediately  preceding  the  date  as  of  which  the 
statement  is  made,  the  minimum  ratios  hereinbefore  pre- 
scribed shall  be  used,  subject  to  the  same  deductions  and 
provisions  as  in  the  case  of  corporations  that  have  been 
issuing  such  policies  for  ten  years  or  more. 

Approved  April  20,  1911. 

Chap.'i^\Q>  An  Act  making  an  appropriation  for  the  maintenance 

OF    THE    OLD    PROVINCIAL    STATE    HOUSE    IN    THE    CITY    OF 
BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

ftXhoisl  Section  1.     The  sum  of  fifteen  hundred  dollars  is  hereby 

appropriated,  to  be  paid  out  of  the  treasury  of  the  common- 
wealth from  the  ordinarv  revenue,  toward  the  maintenance 
of  the  old  provincial  state  house  in  the  city  of  Boston,  dur- 
ing the  present  fiscal  year,  as  provided  for  by  chapter  two 
hundred  and  ninety-eight  of  the  acts  of  the  year  nineteen 
hundred  and  ten. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  20,  1911. 


Chap.317  An  Act  makinc,  an  appropriation  for  the  payment  of 

INTEREST    ON    THE    DIRECT    DEBT    AND    TEMPORARY    LOANS 
of    THE    commonwealth. 

Be  it  enacted,  etc.,  as  follows: 
Payment  of  Section  1.     A  suui  uot  exccediiig  one  million  two  hun- 

intcrualon  i        i      ■  i  i  i  i        i  in  i 

debt.  dred  sixtv-seven  thousand  two  hundred  sevent\'  dollars  and 

seventy-four  cents  is  hereby  appropriated,  to  be  paid  out 
of  the  tn^isury  of  the  commoiiwealtii,  for  the  ])urposc  of 
meeting  the  interest  on  the  direct  debt  of  the  common- 
wealth, also  on  temporary  loans,  as  pro\ided  for  by  article 
eleven  of  section  one  of  chaj)tcr  two  of  the  constitution  of 


Acts,  1911.  —  Chaps.  318,  319.  273 

Massachusetts,  the  same  being  the  estimate  of  the  treasurer 
and  receiver  general. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  20,  1911. 


An  Act  making  appropriations  b^or  sundry  miscellane-  (Jhap.^XS 

OUS  EXPENSES  AUTHORIZED  BY  LAW. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  treasury  of  the  common-  ^'°''^' 
wealth  from  the  ordinary  revenue,  for  the  purposes  specified, 
for  the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eleven,  to  wit:  — 

For  expenses  incurred  in  the  construction  and  repair  of  ^I'nd^rlpairTf 
roads  in  the  town  of  Mashpee  during  the  vear  nineteen  hun-  roads  in 
dred  and  eleven,  the  sum  of  three  hundred  dollars. 

For  reimbursing  certain  officials  for  premiums  paid  for  Premiums  on 
procuring  sureties  on  their  bonds,  a  sum  not  exceeding  two 
thousand  dollars. 

For  preliminary  plans,  specifications  and  estimates,  pro-  pians,  speci- 
vided  for  by  the  act  relative  to  the  construction  and  improve-    ^=**'°'^^'  ''*^- 
ment  of  buildings  at  state  and  other  institutions,  a  sum  not 
exceeding  two  thousand  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  20,  1911. 


An  Act  making  an  appropriation  for  the  improvement  (Jfi^j)  3 19 

of   a    certain    channel   in    PLYMOUTH   HARBOR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sum  of  five  thousand  dollars  is  hereby  pl'^moulr 
appropriated,  to  be  paid  out  of  the  treasury  of  the  common-  iiarbor. 
wealth  from  the  ordinary  revenue,  for  expenses  in  connec- 
tion with  dredging  a  channel  in  Plymouth  harbor  and  for 
dredging  a  basin  for  turning  vessels  at  the  inner  end  of 
the  same,  as  authorized  by  chapter  five  hundred  and  thirty- 
one  of  the  acts  of  the  year  nineteen  hundred  and  seven,  the 
same  to  be  in  addition  to  any  amount  heretofore  appropri- 
ated for  this  purpose. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  20,  1911. 


274 


Acts,  1911.  —  Chaps.  320,  321. 


(7/i«p.320  An  Act  making  appropriations  for  payment  of  state 

AND  MILITARY   AID   AND   EXPENSES   IN   CONNECTION  THERE- 
WITH. 


Api)r()pria- 
tioiis. 


State  and 
military  aid. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  tlie  common- 
wealth from  the  ordinary  revenue,  for  the  department  of 
state  and  mihtary  aid,  for  the  fiscal  year  ending  on  the 
thirtieth  day  of  November,  nineteen  hundred  and  eleven, 
to  wit:  — 

For  reimbursing  cities  and  towns  for  money  paid  on 
account  of  state  and  military  aid  to  Massachusetts  volun- 
teers and  their  families,  a  sum  not  exceeding  eight  hundred 
and  forty  thousand  dollars,  the  same  to  be  paid  on  or  before 
the  fifteenth  day  of  November  in  the  year  nineteen  hundred 
and  eleven. 

For  the  salary  of  the  commissioner  of  state  aid  and  pen- 
sions, twenty-five  hundred  dollars. 

For  the  salary  of  the  deputy  commissioner  two  thousand 
dollars. 

For  the  salaries  of  agents,  forty-five  hundred  dollars. 

For  the  salary  of  the  bookkeeper,  thirteen  hundred  dol- 
lars. 

For  the  salaries  of  clerks,  a  sum  not  exceeding  fifty-four 
hundred  dollars. 

For  incidental  and  contingent  expenses,  to  include  neces- 
sary travel,  a  sum  not  exceeding  twenty-three  hundred  dol- 
lars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  20,  1911. 

Chap.'.]21  An  Act  making  an  appropriation  for  the  Massachu- 
setts state  firemen's  association. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sum  of  fifteen  thousand  dollars  is  hereby 
a])propriatcd,  to  be  })ai(l  out  of  the  treasury  of  the  common- 
wealth from  the  ordinary  revenue,  for  the  Massachusetts 
State  Firemen's  Association,  as  provided  for  by  cha})ter  one 
hundred  and  seventy-one  of  the  acts  of  the  year  nineteen 
hundred  and  six. 

Section  2.     This  act  shall  take  effect  upon  its  })assage. 

Approved  April  20,  101 1, 


Commissioner 
of  state  aid, 
etc. 

Deputy. 


Agents. 
Bookkeeper. 

Clerks. 

Expenses. 


Massachusetts 
State 
Firemen's 
Association. 


Acts,  1911.  — Chaps.  322,  323.  275 


An  Act  to  authorize  the  appointment  of  an  officer  Cliap.^'22 

FOR    attendance     UPON    THE    SUPERIOR    COURT    FOR    THE 
COUNTY    OF    WORCESTER   AND    TO    ESTAHLISII    JUS   SALARY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Tlic  sheriff  of  the  county  of  Worcester  may  Appointmont 
aj^point,  subject  to  th(^  approval  of  th(>  justices  of  the  superior  ■'„  wo'IccL'tcr 
court  or  of  a  majority  thereof,  an  ofHcer  for  attendance  on  '^"""•^y- 
the  sessions  of  the  said  court  for  civil  or  criminal  business. 

Section  2.     The  said  officer  shall  receive  from  the  county  Componsa- 
of  Worcester  an  annual  salary  of  seventeen  hundred  dollars  *'""" 
in  full  for  all  his  services,  and  ten  cents  a  mile  for  travel 
out  and  home  once  a  week  durin<j[  his  attendance  at  court, 
when  the  distance  exceeds  five  miles  one  way. 

Section  3.     The    i)rovisions    of    sections    seventy-four,  dMnm  pro- 
seventy-seven   and   seventy-eight   of   chapter  one   hundred  hi'w'trHppiy. 
and  sixty-five  of  the  Revised  Laws  and  chapter  one  hundred 
and  forty-seven  of  the  acts  of  the  year  nineteen  hundred  and 
six  shall  api)ly  to  the  ofHcer  named  in  section  one. 

Section  4.     All  acts  and  parts  of  acts  inconsistent  here-  itopeai. 
with  are  hereby  repealed. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  21,  1011. 


An  Act  to  authorize  the  roston  and  northern  street  C/fap.'\2'S 

RAILWAY     COMPANY     TO     PURCHASE     THE     FRANCHISE     AND 
PROPERTY  OF  T[IE  OLD  COLONY  STREET  RAILWAY  COMPANY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  Boston  and   Northern   Street  Railway  Oonsoiida- 
Comi)any  may  purchase  the  franchise  and  pro])erty  of  the  },','|",  "[..'.^.J,' 
Old  Colony  Street  Railway  Company,  and  the  Old  Colony  |^'^X„'^"'- 
Street  Railway  (^ompany  may  sell  and  convey  its  franchise 
and  property  to  the  Boston  and  Northern  Street  Railway 
Company:  provided,  that  the  facilities  for  travel  on  the  rail-  Proviso. 
way  of  each  of  said  companies  shall  not  thereby  be  dimin- 
ished or  the  rates  of  fare  increased;  but  such  purchase  and 
sale  shall  not  be  valid  or  binding  until  its  terms  have  been 
agreed  to  by  a  majority  of  the  directors,  and  have  been  ap- 
proved at  meetings  called  for  the  i)urpose  by  a  vote  of  two 
thirds  in  interest  of  the  stockholders  of  each  of  the  contract- 
ing companies,  and  by  the  board  of  railroad  commissioners, 
as  required  by  section  sixty-seven  of  Part  I  of  chapter  four 
hundred  and  sixty-three  of  the  acts  of  the  year  nineteen 


276  Acts,  1911.  — Chap.  323. 

hundred  and  six,  as  amended  by  section  seven  of  chapter 
five  hundred  and  eighty-five  of  the  acts  of  the  year  nineteen 
hundred  and  seven;  and  said  purchasing  company  shall  have 
the  powers  and  privileges  and  be  subject  to  the  duties,  liabili- 
ties and  restrictions  of  the  Old  Colony  Street  Railway  Com- 
pany and  shall  further  be  subject  to  all  provisions  of  general 
law  now  or  hereafter  in  force,  not  inconsistent  with  the 
provisions  of  this  act. 
^"'■|"5'*i''*l"cij  Section  2.  For  the  purpose  of  making  the  purchase  afore- 
etc.  ■     said,  and  to  enable  it  to  carry  into  effect  the  agreement 

therefor,  the  Boston  and  Northern  Street  Railway  Company 
may,  subject  to  the  provisions  of  section  one  hundred  and 
seven  of  Part  III  of  chapter  four  hundred  and  sixty-three 
of  the  acts  of  the  year  nineteen  hundred  and  six,  increase 
its  capital  stock,  in  addition  to  any  increase  thereof  which 
it  may  now  or  hereafter  be  authorized  to  make,  by  such 
amount  of  common  and  preferred  capital  stock  not  exceed- 
ing in  the  aggregate  the  amounts  of  the  common  and  preferred 
capital  stock  of  the  Old  Colony  Street  Railway  Company 
issued  and  outstanding  at  the  date  of  the  said  purchase,  as 
shall  be  deemed  by  the  board  of  railroad  commissioners 
reasonably  necessary  for  the  purpose  of  acquiring  the  fran- 
chise and  property  of  said  last  named  corporation,  and  may 
issue  and  dispose  of  said  additional  stock  as  required  by  said 
agreement,  and  may  exchange  the  same  or  any  part  thereof 
for  the  stock,  or  any  part  thereof,  of  the  last  named  corpora- 
tion, and  may  issue  the  same  to  the  stockholders  of  said 
last  named  corporation  in  exchange  for  and  on  surrender 
of  the  certificates  evidencing  their  shares  of  the  capital 
stock  of  said  last  named  corporation,  upon  such  basis  as 
shall  be  agreed  to  in  the  agreement  of  purchase  between 
the  two  companies,  and  as  shall  be  appro^'ed  by  said  rail- 
road commissioners.  Said  purchasing  corporation  may  make 
any  portion  of  its  capital  stock  issued  under  authority  hereof 
preferred  stock,  having  the  same  preferences  and  voting 
powers  and  subject  to  the  same  restrictions  and  qualifica- 
tions as  have  heretofore  been  fixed  and  determined  by  said 
cori)oration  with  respect  to  its  preferred  stock  heretofore 
issued  under  authority  of  chapter  four  hundred  and  forty- 
one  of  the  acts  of  the  year  nineteen  hundred  and  two,  or 
having  such  preferences,  voting  powers,  and  rights,  and 
being  subject  to  such  qualifications  and  to  such  restrictions 
and  limitations  as  may  be  prescribed  in  said  agnnMucnt  and 
api)roved  by  the  railroad  commissioners  for  both  the  exist- 


Acts,  1911.  — Chap.  323.  277 

ing  and  any  additional  preferred  stock  of  said  company; 
subject,  however,  to  the  right  of  dissenting  holders  of  exist- 
ing preferred  stock  to  have  their  stock  valued  and  purchased 
as  provided  in  section  three  of  this  act.  The  issue  of  any 
preferred  stock  under  authority  hereof  shall  also  be  subject 
to  the  limitation  tliat  the  aggregate  amount  thereof,  together 
with  the  amount  of  preferred  stock  theretofore  issued  by 
said  company,  shall  not  exceed  at  any  time  the  aggregate 
amount  of  its  common  stock  issued  and  outstanding;  but 
the  amount  of  said  company's  preferred  stock  may  from 
time  to  time,  and  subject  to  the  limitation  aforesaid,  be 
increased  by  vote  of  two  thirds  in  interest  of  its  common 
stockholders,  for  any  purposes  for  which  said  company  may 
be  authorized  by  law  to  issue  capital  stock,  and  by  such 
amounts  as  the  board  of  railroad  commissioners  may  from 
time  to  time  approve.  Every  certificate  of  preferred  stock 
issued  under  authority  hereof,  and  every  certificate  of  com- 
mon stock  issued  after  the  approval  by  said  board  of  the  terms 
of  said  purchase  and  sale  shall  contain  a  reference  to  the 
agreement  of  purchase  and  a  brief  description  of  the  pro- 
visions therein  contained  which  prescribe  the  preferences, 
voting  powers  and  rights,  and  the  qualifications  thereof,  and 
the  other  limitations  and  restrictions  of  said  preferred  stock. 
A  copy  of  said  agreement  of  purchase  shall  be  filed  and  re- 
tained in  the  office  of  the  board  of  railroad  commissioners, 
and  a  copy  shall  be  similarly  filed  in  the  office  of  the  commis- 
sioner of  corporations. 

Section  3.  P^very  stockholder  of  both  the  purchasing  Assent  of 
and  selling  corporation  shall  be  deemed  to  assent  to  the  etc?  '°  ^^^' 
terms  of  any  purchasing  agreement  authorized  by  section 
one  of  this  act,  when  approved  by  the  board  of  railroad 
commissioners,  unless,  within  thirty  days  after  the  date  of 
such  approval  he  shall  file  with  the  clerk  of  said  board  a 
writing,  declaring  his  dissent  from  said  terms  and  stating 
the  number  of  shares  held  by  him  and  the  number  of  the 
certificate  or  certificates  evidencing  the  same:  provided,  how-  Proviso. 
ever,  that  as  against  any  stockholder  under  any  legal  incapac- 
ity to  act  for  himself  and  having  no  legal  guardian,  said 
period  of  thirty  days  shall  not  begin  to  run  until  the  removal 
of  such  incapacity  by  the  appointment  of  a  legal  guardian 
or  otherwise.  The  shares  of  any  stockholder  so  dissenting 
shall  be  acquired  by  the  purchasing  corporation,  and  shall 
be  valued  and  the  value  thereof  shall  be  paid  or  tendered 
to,  or  deposited  for  account  of,  such  stockholder  in  the  man- 


278  Acts,  1911.  — Chap.  323. 

Assent  of  ner  following :  —  within  sixty  days  after  the  fihng  by  any  stock- 

Itc?  "  *""■  holder  as  above  provided  of  his  dissent  from  the  terms  of 
such  sale  the  purchasing  corporation  or  the  dissenting  stock- 
holder, shall  file  a  petition  with  the  supreme  judicial  court, 
sitting  within  and  for  any  county  in  which  said  company 
operates  any  part  of  its  railway,  setting  forth  the  material 
facts  and  praying  that  the  value  of  such  dissenting  stock- 
holder's shares  may  be  determined.  The  petition  may  be 
removed,  upon  application  by  the  dissenting  stockholder,  to 
the  county  in  which  he  resides.  Thereupon,  after  such  no- 
tice to  all  parties  concerned  as  it  may  deem  proper,  said 
court  shall  make  an  order  requiring  the  dissenting  stock- 
holder's certificate  or  certificates  of  stock  to  be  deposited 
with  the  clerk  of  said  court,  and  shall  appoint  three  commis- 
sioners to  ascertain  and  report  the  value  of  the  dissenting 
stockholder's  shares  on  the  day  of  the  approval  by  the  board 
of  railroad  commissioners  of  the  terms  of  the  purchasing 
agreement.  Said  report  shall  be  made  to  the  court  as  soon 
as  practicable,  and,  after  due  notice  to  the  parties  in  inter- 
est, shall  be  accepted  by  the  court,  unless  before  such  accept- 
ance either  of  the  parties  to  said  proceeding  shall  claim  a 
trial  by  jury,  in  which  case  the  court  shall  order  the  value 
of  the  shares  to  be  tried  and  determined  by  a  jury  in  the 
manner  in  which  other  civil  cases  are  tried  by  said  court. 
The  said  commissioners'  report,  or  the  verdict  of  the  jury, 
when  accepted  by  the  court,  shall  be  final  and  conclusive 
as  to  the  value  of  the  dissenting  stockholders'  shares,  and 
the  amount  so  ascertained  as  such  value  shall  at  once  be 
paid  or  tendered  to  such  stockholders;  or,  if  such  payment 
or  tender  be  for  any  cause  impracticable,  shall  be  ])aid  into 
court.  Upon  such  payment  or  tender  or  deposit,  the  shares 
of  the  dissenting  stockholders,  and  the  certificate  or  cer- 
tificates thereof  shall  become  the  property  of  the  purchasing 
corporation,  whose  right  and  title  thereto  may  be  enforced 
by  the  court  by  any  appropriate  order  or  process.  Excep- 
tions may  be  taken  to  any  ruling  or  order  of  said  court,  to 
be  heard  and  determined  by  the  full  court  as  in  other  civil 
cases.  And  said  court  may  make  all  such  orders  for  the 
enforcement  of  the  rights  of  any  party  to  the  proceedings, 
for  the  consolidation  of  two  or  more  petitions  and  their 
reference  to  the  same  connnissioners,  for  the  consolidation 
of  claims  for  a  jury  trial,  and  the  trial  of  two  or  more  cases 
l)y  the  same  jury,  and  for  the  i)aynient  of  interest  upon  the 
value  of  a  stockholder's  share  as  determined,  and  the  pay- 


Acts,  1911.  — Chap.  323.  279 

ment  of  costs  by  one  party  to  the  other,  as  justice  and  equity 
and  the  speedy  settlement  of  the  matters  in  controversy  may 
require. 

Section  4.  The  Boston  and  Northern  Street  Railway  May  issue 
Company,  after  the  completion  of  the  purchase  authorized  '""  ^'  ^ ''' 
by  section  one  of  this  act,  may,  as  successor  to  the  Old  Col- 
ony Street  Railway  Company,  issue  from  time  to  time  the 
bonds,  unissued  at  the  date  of  such  purchase,  secured  by 
the  mortgage  of  July  first,  nineteen  hundred  and  four,  from 
said  last  named  company  to  the  Old  Colony  Trust  Company, 
in  the  same  manner  and  for  the  same  purposes  as  such  bonds 
under  the  terms  of  said  mortgage  and  of  the  laws  applicable 
thereto  could  have  been  issued  by  the  Old  Colony  Street 
Railway  Company,  and  said  last  named  company  may, 
prior  to  the  completion  of  said  purchase,  and  the  Boston 
and  Northern  Street  Railway  Company  may,  at  any  time 
subsequent  thereto,  and  from  time  to  time,  make  a  supple- 
mentary mortgage  or  mortgages  of  all  or  any  parts  of  the 
franchise  and  property  of,  or  acquired  from,  the  Old  Colony 
Street  Railway  Company  or  purchased  in  whole  or  in  part 
with  the  proceeds  of  any  of  the  bonds,  as  additional  security 
for  the  bonds  secured  by  the  mortgage  above  mentioned. 
The  Boston  and  Northern  Street  Railway  Company  may 
also  make  a  similar  supplementary  or  confirmatory  mort- 
gage or  mortgages  of  all  or  any  parts  of  its  own  franchise 
and  property  existing  at  or  prior  to  the  date  of  said  purchase 
and  of  subsequent  additional  property  acquired  by  it  (other 
than  that  acquired  from,  or  as  additional  to  the  property 
acquired  from,  the  Old  Colony  Street  Railway  Company,  or 
with  the  proceeds  of  bonds  secured  by  said  mortgage  first 
above  mentioned),  to  further  secure  the  bonds,  dated  July 
first,  nineteen  hundred  and  four,  issued  or  to  be  issued  under 
a  mortgage  of  said  date  by  said  Boston  and  Northern  Street 
Railway  Company  to  the  Adams  Trust  Company  as  trus- 
tee, under  which  mortgage  the  American  Trust  Company 
is  now  the  trustee,  and  may,  subsequent  to  said  purchase, 
issue  from  time  to  time,  in  the  same  manner  and  for  the  same 
purposes  as  if  said  purchase  had  not  been  made,  the  bonds 
unissued  at  the  date  of  said  purchase  and  secured  by  said 
mortgage  last  above  referred  to.  If,  at  the  date  of  the 
approval  by  the  board  of  railroad  commissioners  of  the  terms 
of  the  purchase  authorized  by  section  one  of  this  act  said 
purchasing  company  was  included  in  the  last  list  of  street 
railway  companies  certified  and  transmitted  by  said  com- 


280  Acts,  1911.  — Chap.  323. 

missioners  to  the  bank  commissioner  prior  to  the  date  of 
sai(i  approval,  under  the  provisions  of  chapter  five  hundred 
and  ninety  of  the  acts  of  the  year  nineteen  hundred  and 
eight,  and  of  the  acts  in  amendment  thereof  and  in  addition 
thereto,  said  company  shall  continue  to  be  entitled  to  be 
so  certified,  so  long  as  it  earns  and  appears  from  returns 
made  by  it  to  the  board  of  railroad  commissioners  to  have 
properly  paid  in  each  year  thereafter  dividends  of  at  least 
five  ])cr  cent  upon  all  its  outstanding  capital  stock;  but  such 
certification  shall  not  apply  to  any  bonds  of  the  Old  Colony 
Street  Railway  Company,  or  to  any  bonds  issued  by  said 
purchasing  company  after  the  date  of  said  approval  except 
those  to  be  issued  under  said  mortgage  last  aboA'e  referred 
to,  until  the  certification  and  transmission  by  the  railroad 
commissioners  to  the  bank  commissioner  of  such  list  next 
following  the  thirtieth  day  of  June  in  the  year  nineteen 
hundred  and  thirteen.  The  record  of  any  such  supplemen- 
tary mortgages  or  other  instruments  of  fiu'ther  assurance  in 
each  registry  of  deeds  in  the  district  in  which  any  of  the  rail- 
way or  real  property  described  in  such  supplementary  mort- 
gage is  situated  shall  be  sufficient  for  all  purposes. 
Same  SECTION  5.     After  the  purchase  authorized  by  this  act, 

the  Boston  and  Northern  Street  Railway  Company,  having 
first  by  appropriate  action  of  a  majority  of  its  stockholders 
executed  and  filed  with  the  proper  trust  company  a  termina- 
tion of  its  right  to  issue  any  additional  bonds  under  either 
or  both  of  the  mortgages  referred  to  in  the  preceding  section, 
under  which  there  may  remain  any  balance  of  bonds  unissued 
may,  for  the  purpose  of  paying,  refunding,  consolidating  or 
retiring  at  or  before  their  respective  maturities,  the  whole 
or  any  part  of  the  bonds  and  other  funded  indebtedness 
theretofore  issued  by  it  or  by  the  Old  Colony  Street  Railway 
Company,  or  by  any  company  to  the  franchise  and  property 
of  which  either  of  said  companies  has  succeededi:)y  purchase 
or  consolidation,  all  of  which  purchases  and  consolida- 
tions are  hereby  ratified  and  confirmed,  and  for  any  other 
lawful  j)urposes  under  the  laws  of  this  commonwealth,  and 
for  any  of  said  purposes,  but  subject  to  the  provisions  of 
section  one  hundred  and  seven  of  Part  III  of  chaj^ter  four 
hundred  and  sixtv-three  of  the  acts  of  the  vear  nineteen  hun- 
dred  and  six,  by  vote  of  a  majority  in  interest  of  its  stock- 
holders at  a  meeting  called  for  the  ])urpose,  issue  coupon  or 
registered  bonds  })ayable  within  ])eriods  not  exceeding  fifty 
years  from  the  date  thereof,  and  bearing  interest  at  a  rate 


Acts,  1911.  — Chap.  323.  281 


not  exceeding  five  per  cent  per  annum,  and  may  make  a 
mortgage  or  pledge  as  security  for  the  payment  of  such  bonds, 
of  any  part  or  all  of  its  railway,  equipment,  franchise,  and 
real,  personal  and  other  property,  including  in  whole  or  in 
part  property  thereafter  to  be  acquired,  upon  such  terms  and 
containing  such  provisions  as  may  by  vote  of  the  stockholders 
be  approved,  or  as  may  be  fixed  and  adopted  by  the  directors 
under  authority  of  a  vote  of  the  stockholders;  and  may  in 
such  mortgage  provide  for  the  future  issue  thereunder  from 
time  to  time  of  additional  bonds  to  be  secured  thereby 
equally  with  those  originally  issued  thereunder,  to  such  an 
aggregate  amount  as  may  by  the  said  vote  of  its  stockholders 
be  determined:  provided,  however,  that  the  aggregate  amount  Provisos, 
of  bonds  at  any  time  issued  and  outstanding  thereunder,  as 
a  liability  of  said  company,  other  than  such  bonds  as  may  be 
deposited  with  a  trust  company  as  hereinafter  provided  for 
the  purpose  of  paying,  refunding,  consolidating  or  retiring 
other  bonds,  or  for  providing  means  so  to  do  shall  not  exceed, 
with  the  amount  of  any  outstanding  bonds  issued  by  the 
said  company  or  by  any  other  company  to  the  franchise  and 
property  of  which  said  company  shall  have  succeeded  as 
aforesaid,  the  amount  of  the  issued  and  outstanding  capital 
stock  of  the  company,  determined  as  provided  in  chapter 
six  hundred  and  twenty  of  the  acts  of  the  year  nineteen  hun- 
dred and  eight;  and  provided,  that  any  bonds,  or  the  pro- 
ceeds arising  from  the  sale  thereof,  authorized  or  issued  for 
the  purpose  of  paying,  refunding,  consolidating  or  retiring 
other  bonds,  or  funded  indebtedness  shall,  to  an  amount 
equal  at  the  par  value  thereof  to  the  amount  of  such  indebted- 
ness so  to  be  paid,  refunded,  consolidated  or  retired,  be 
deposited  with  such  trust  company  incorporated  and  doing 
business  in  this  commonwealth,  and  under  such  terms  as 
to  the  deposit  and  withdrawal  thereof  to  be  stated  in  said 
mortgage,  as  shall  be  approved  by  the  board  of  railroad 
commissioners.  All  the  provisions  of  sections  forty-nine  to 
fifty-six  of  Part  II  of  chapter  four  hundred  and  sixty-three 
of  the  acts  of  the  year  nineteen  hundred  and  six  shall  apply 
to  any  bonds  issued  and  any  mortgages  made  hereunder, 
and  no  bond  shall  be  issued  until  approved  by  some  person 
or  corporation  appointed  by  the  railway  company  for  that 
purpose,  who  shall  certify  upon  it  that  it  is  properly  issued 
and  recorded.  The  record,  in  the  manner  and  within  the  Record  to  be 
time  provided  by  law  for  the  record  of  mortgages  of  real  co^stitutVa 
estate,  of  any  mortgage  made  under  authority  of  this  section  ''«°'  ^^c- 


282 


Acts,  1911.  — Chap.  324. 


Cliap.^2^ 


Appropria- 
tions. 


Beverly. 

Boston. 

Brockton. 

Cambridge. 

Cliicopee. 

Ijawrcnce. 

Montague. 

Natick. 

New  Bedford. 

Pittsficld. 

Taunton. 


and  of  any  mortgage  supplementary  thereto,  in  the  registry 
of  deeds  for  each  county  and  each  district  of  any  county 
in  which  any  part  of  the  railway  or  real  property  in  said  mort- 
gage described  is  situated,  shall  be  sufficient  for  all  purposes 
to  create  a  valid  lien  under  said  mortgage,  both  as  a  mort- 
gage of  real  and  personal  property. 

Approved  April  22,  1911. 

An  Act  making  appropriations  for  the  maintenance 
of  certain  independent  industrial  schools. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  common- 
wealth from  the  ordinary  revenue,  for  meeting  the  common- 
wealth's proportion  of  the  cost  of  maintaining  independent 
industrial  schools  in  certain  cities  and  towns  for  the  period 
prior  to  July  first,  nineteen  hundred  and  ten,  under  the  au- 
thority of  section  five  of  chapter  five  hundred  and  five  of  the 
acts  of  the  year  nineteen  hundred  and  six,  as  amended  by 
chapter  five  hundred  and  forty  of  the  acts  of  the  year  nine- 
teen hundred  and  nine,  to  wit :  — 

To  the  city  of  Beverly,  the  sum  of  one  thousand  five 
hundred  fifteen  dollars  and  fifty-two  cents. 

To  the  city  of  Boston,  the  sum  of  thirteen  thousand  five 
hundred  twenty- three  dollars  and  six  cents. 

To  the  city  of  Brockton,  the  sum  of  one  thousand  two 
hundred  sixteen  dollars  and  fifty-two  cents. 

To  the  city  of  Cambridge,  the  sum  of  three  thousand  one 
hundred  fifty-eight  dollars  and  seventy  cents. 

To  the  city  of  Chicopec,  the  sum  of  six  hundred  thirty 
dollars  and  eightv-two  cents. 

To  the  city  of  Lawrence,  the  sum  of  seven  thousand  five 
hundred  thirty-six  dollars  and  four  cents. 

To  the  town  of  Montague,  the  sum  of  two  thousand  two 
liundrod  three  dollars  and  eighty-four  cents. 

To  the  town  of  Natick,  the  sum  of  seventy-seven  dollars 
and  seventy  cents. 

To  the  city  of  New  Bedford,  the  sura  of  seven  thousand 
eight  hundred  forty-six  dollars  and  forty-five  cents. 

To  the  city  of  Pittsficld,  the  sum  of  two  hundred  eighty- 
six  dollars  and  four  cents. 

To  the  city  of  Taunton,  the  sum  of  two  hundred  thirty- 
eight  dollars  and  ninety  cents. 


Acts,  1911.  — Chap.  324.  283 

To  the  town  of  Walpole,  the  sum  of  sixty-one  dollars  and  Waipoie. 
seventy-three  cents. 

To  the  city  of  Worcester,  the  sura  of  three  thousand  six  Worcester. 
hundred  seventy  dollars  and  forty-eight  cents. 

For  the  period  between  July  first  and  November  thirty, 
nineteen  hundred  and  ten,  due  the  following  cities  and 
towns,  to  wit:  — 

To  the  city  of  Beverly,  the  sum  of  seven  hundred  eighty-  Beverly, 
six  dollars  and  seventeen  cents. 

To  the  city  of  Boston,  the  sum  of  four  thousand  three  Boston. 
hundred  ten  dollars  and  ninety-one  cents. 

To  the  city  of  Brockton,  the  sum  of  three  hundred  fifty-  Brockton. 
three  dollars  and  ninety-six  cents. 

To  the  city  of  Cambridge,  the  sum  of  one  thousand  nine-  Cambridge. 
teen  dollars  and  fifty-six  cents. 

To  the  city  of  Chicopce,  the  sum  of  four  hundred  fifty-six  ciucopee. 
dollars  and  eighty-four  cents. 

To  the  city  of  Lawrence,  the  sum  of  three  thousand  three  Lawrence. 
hundred  ninety-four  dollars  and  sixty-eight  cents. 

To  the  town  of  Montague,  the  sum  of  eight  hundred  thirty-  Montague. 
eight  dollars  and  ten  cents. 

To  the  city  of  New  Bedford,  the  sum  of  three  thousand  New  Bedford. 
one  hundred  sixteen  dollars  and  fifty-nine  cents. 

To  the  city  of  Taunton,  the  sum  of  two  hundred  thirteen  Taunton. 
dollars  and  eighty-seven  cents. 

To  the  city  of  Worcester,  the  sum  of  three  thousand  nine  Worcester. 
hundred  fifty-four  dollars  and  thirty-six  cents. 

For  one  half  the  tuition  of  pupils  attending  the  Boston  Boston  Trade 
Trade  School  for  Girls  during  the  school  year  nineteen  hun-  GhK 
dred  and  nine  to  nineteen  hundred  and  ten,  due  the  following 
cities  and  towns,  to  wit:  — 

To  the  town  of  Belmont,  the  sum  of  eighteen  dollars  and  Beimont. 
fourteen  cents. 

To  the  town  of  Brookline,  the  sum  of  forty-two  dollars  Brookiine. 
and  fourteen  cents. 

To  the  city  of  Cambridge,  the  sum  of  two  hundred  seventy-  Cambridge. 
five  dollars  and  forty-nine  cents. 

To  the  town  of  Dedham,  the  sum  of  fifty-four  dollars  and  cedham. 
ninety-four  cents. 

To  the  city  of  Everett,  the  sum  of  sixty-seven  dollars  and  Everett, 
eighty-seven  cents. 

To  the  town  of  Hudson,  the  sum  of  six  dollars.  Hudson. 

To  the  city  of  Lynn,  the  sum  of  thirty-eight  dollars  and  ^y°"- 
fourteen  cents. 


284 


Acts,  1911.  — Ciiap.  324. 


Maiden. 

Melrose. 

Milton. 

Newton. 

Quincy. 

Sharon. 

Somerville. 

Wakefield. 

Westwood. 

Winchester. 

Lawrence 
Industrial 
School. 

Andover. 

Draciit. 
Haverhill. 

Methuen. 


North 
Andover. 

North 
Reading. 

MontaRue 
Agricultural 
high  school. 


Erving. 
Leverett. 

Sunderland. 

Wendell. 


To  the  city  of  Maiden,  the  sum  of  twenty-one  dollars  and 
thirty-four  cents. 

To  the  city  of  Melrose,  the  sum  of  thirty-eight  dollars  and 
fourteen  cents. 

To  the  town  of  Milton,  the  sum  of  eight  dollars  and  eighty 
cents. 

To  the  city  of  Newton,  the  sum  of  thirty-eight  dollars  and 
fourteen  cents. 

To  the  city  of  Quincy,  the  sum  of  seventeen  dollars  and 
forty-seven  cents. 

To  the  town  of  Sharon,  the  sum  of  sixty-four  dollars  and 
twenty-seven  cents. 

To  the  city  of  Somerville,  the  sum  of  two  hundred  twenty- 
three  dollars  and  five  cents. 

To  the  town  of  Wakefield,  the  sum  of  thirty-eight  dollars 
and  fourteen  cents. 

To  the  town  of  Westwood,  the  sum  of  twenty-nine  dollars 
and  forty-seven  cents. 

To  the  town  of  Winchester,  the  sum  of  two  dollars. 

For  one  half  the  tuition  of  pupils  attending  the  Lawrence 
Industrial  School  during  the  school  year  nineteen  hundred 
and  nine  to  nineteen  hundred  and  ten,  due  the  following 
city  and  towns,  to  wit:  — 

To  the  town  of  Andover,  the  sum  of  thirty-seven  dollars 
and  fifty  cents. 

To  the  town  of  Dracut,  the  sum  of  fifteen  dollars. 

To  the  city  of  Haverhill,  the  sum  of  one  hundred  and 
ninety-five  dollars. 

To  the  town  of  Methuen,  the  sum  of  four  hundred  and 
fifty  dollars. 

To  the  town  of  North  Andover,  the  sum  of  three  hundred 
and  fifty  dollars. 

To  the  town  of  North  Reading,  the  sum  of  thirty-three 
dollars  and  seventy-five  cents. 

For  one  half  the  tuition  of  ynipils  attending  the  INIontague 
Agricultural  high  school  during  the  school  year  nineteen  iiun- 
dred  and  nine  to  nineteen  hundred  and  ten,  due  the  follow- 
ing towns,  to  wit:  — 

To  the  town  of  Erving,  the  sum  of  thirty  dollars. 

To  the  town  of  Leverett,  the  sum  of  one  hundred  forty- 
two  dollars  and  fifty  cents. 

To  the  town  of  Sunderland,  the  sum  of  one  hundred  and 
eleven  dollars. 

To  the  town  of  Wendell,  the  sum  of  thirty  dollars. 


Acts,  1011.  — Chap.  321.  285 

For  one  half  the  tuition  of  pupils  attending  the  New  Bed-  fn^,^rfir*^ 
ford  Industrial  School  during  the  school  year  nineteen  hun-  school. 
dred    and    nine    to    nineteen    hundred    and    ten,    due    the 
following  towns,  to  wit :  — • 

To  the  town  of  Fairhaven,  the  sum  of  sixty-seven  dollars  Fairhaven. 
and  fifty  cents. 

To  the  town  of  Marion,  the  sum  of  seventeen  dollars  and  Marion. 
fifty  cents. 

To  the  town  of  Rochester,  the  sum  of  sixty-seven  dollars  Rochester. 
and  fifty  cents. 

For  one  half  the  tuition  of  pupils  attending  the  Smith  Smith 
Agricultural  School  during  the  school  year  nineteen  hundred  sfhooi.  ^^^ 
and  nine  to  nineteen  hundred  and  ten,  due  the  following 
towns,  to  wit:  — 

To  the  town  of  Adams,  the  sum  of  fifty  dollars.  Adams. 

To  the  town  of  Amherst,  the  sum  of  two  hundred  dol-  Amherst. 
lars. 

To  the  town  of  Ashfield,  the  sum  of  fifty  dollars.  Ashfieid. 

To  the  town  of  Charlemont,  the  sum  of  fifty  dollars.  chariemont. 

To  the  town  of  Chester,  the  sum  of  fifty  dollars.  Chester. 

To  the  town  of  Chesterfield,  the  sum  of  fifty  dollars.  chesterfield. 

To  the  town  of  Deerfield,  the  sum  of  seventy  dollars.  Deerfieid. 

To  the  town  of  Greenfield,  the  sum  of  seventeen  dollars  Greenfield. 
and  fifty  cents. 

To  the  town  of  Hadley,  the  sum  of  eighty-five  dollars.      Hadiey. 

To  the  town  of  Hatfield,  the  sum  of  one  hundred  sixty-  Hatfield. 
seven  dollars  and  fifty  cents. 

To  the  town  of  Plainfield,  the  sum  of  seventeen  dollars  piainfieid. 
and  fifty  cents. 

To  the  town  of  Southwick,  the  sum  of  sixtv-seven  dollars  Southwick. 
and  fifty  cents. 

To  the  town  of  Westhampton,  the  sum  of  three  hundred  Westhampton. 
five  dollars  and  seventy-two  cents. 

To  the  town  of  Whately,  the  sum  of  fifty  dollars.  Whateiy. 

To  the  town  of  Williamsburg,  the  sum  of  one  hundred  two  wiuiamsburg. 
dollars  and  fifty  cents. 

For  one  half  the  tuition  of  pupils  attending  the  Worcester  Worcester 
Trade  School  during  the  school  year  nineteen  hundred  and  school. 
nine  to  nineteen  hundred  and  ten,  due  the  following  towns, 
to  wit:  — 

To  the  town  of  Leicester,  the  sum  of  eleven  dollars  and  Leicester. 
twenty-five  cents. 

To  the  town  of  Paxton,  the  sum  of  thirty-nine  dollars  and  Paxton. 
thirty-eight  cents. 


28G  Acts,  1911.  — Chaps.  325,  326. 

Shrewsbury.         rp^  ^^^^  town  of  Shrcwsbury,  the  sum  of  eleven  dollars  and 
twenty-five  cents. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Apjjwved  April  24,  1011. 

ChapSy^ib  An  Act  to  provide  for  the  giving  of  bonds  in  blasting 

OPERATIONS. 

Be  it  enacted,  etc.,  as  follows: 

bdniil^in^  Section  1.     Before  the  issue  of  a  permit  to  use  an  explo- 

biastiiig  op-       sive  in  the  blasting  of  rock  or  any  other  substance  as  pre- 
erd  ions.  scribcd  by  the  detective  and  fire  inspection  department  of 

the  district  police,  the  applicant  for  the  i)ermit  shall  file 
with  the  clerk  of  the  city  or  town  in  which  the  blasting  is 
to  be  done,  a  bond  running  to  the  city  or  town  with  a  surety 
or  sureties  approved  by  the  treasurer  thereof,  for  such  penal 
sum  not  exceeding  ten  thousand  dollars  as  the  chief  of  the 
district  police  or  the  official  granting  the  permit  shall  deter- 
mine to  be  necessary  in  order  to  cover  the  risk  or  damage 
that  might  ensue  from  the  blasting.  The  bond  shall  be 
conditioned  upon  the  payment  of  any  loss,  damage  or  injury 
resulting  to  persons  or  property  by  reason  of  the  use  or 
keeping  of  said  explosive. 
Action  on  SECTION  2.     Actiou  ou  a  bond  filed  under  the  provisions 

of  this  act  may  be  brought  by  any  persons  to  whom  loss, 
damage  or  injury  has  resulted  by  reason  of  the  use  or  keep- 
ing of  said  explosive,  and  shall  be  brought  in  the  names  of 
and  for  the  use  and  at  the  cost  and  expense  of  such  persons, 
but  in  no  event  shall  action  be  brought  on  the  bond  for  in- 
jury to  the  person  of  an  employee  of  the  person  receiving 
the  permit.  If  claims  on  any  bond  are  established  to  an 
amount  greater  than  the  penal  sum  thereof,  such  claims  shall 
be  paid  pro  rata  to  the  amount  of  the  penal  sum,  and  execu- 
tions shall  issue  accordingly. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  24,  1011. 

Chap.ii2{j  An  Act  to  change  the  medical  department   of  the 

MILITIA   SO   AS  TO   CONFORM   WITH   THE    REQUIREMENTS   OF 
THE    UNITED    STATES    GOVERNMENT. 

Be  it  enacted,  etc.,  as  folloivs: 

l^-'^o'vu-'^'  Section  1.     Section  twenty  of  cha])ter  six  hundred  and 

umfAded."         four  of  tlic  Ects  of  tlic  year  nineteen  hundred  and  eight,  as 


Acts,  1911.  — Chap.  327. 


287 


Medical 
corps. 


Hospital 
corps. 


amended  by  chapter  two  hundred  and  twenty-eight  of  the 
acts  of  the  year  nineteen  hundred  and  ten,  is  hereby  further 
amended  in  the  clause  headed  "The  medical  department 
shall  consist  of",  by  striking  out  after  the  words  "brigadier 
general",  in  the  second  line,  the  remainder  of  that  clause 
and  all  of  the  following  clause,  and  inserting  in  place  thereof 
the  following:  — 

A  medical  corps  consisting  of :  — 
11  majors; 

10  captains; 
23  first  lieutenants. 

A  hospital  corps  consisting  of:  — 
8  sergeants  (first  class) ; 
26  sergeants; 
72  privates  (first  class) ; 

60  privates,  —  so    that    the    clause    will  read 
follows :  — 

The  medical  department  shall  consist  of:  — 

(a)  1  surgeon  general  with  the  rank  of  brigadier  general,  '^'^I'artment, 

(b)  A  medical  corps  consisting  of:  — 

11  majors; 
10  captains; 

23  first  lieutenants. 

(c)  A  hospital  corps  consisting  of:  —  Hospital 

8  sergeants  (first  class) ; 
26  sergeants; 
72  privates  (first  class) ; 
60  privates. 
Section  2.    This  act  shall  take  effect  upon  Its  passage. 

Approved  April  24,  1911. 


as 


Medical 


corps. 


An  Act  to  establish  the  boundary  line  between  the  nj^f^^y  327 

TOWNS  OF  COLRAIN  AND  LEYDEN.  ^  * 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  following  described  line  shall  hereafter  Boundary 
be  the  boundary  line  between  the  towns  of  Colrain  and  t'he'^towns  of 
Leyden:  —  Beginning  at  a  granite  monument  standing  about  ^eyden.**"*^ 
four  hundred  feet  east  of  Green  river  at  the  present  corner 
of  the  towns  of  Colrain  and  Leyden,  in  Massachusetts,  and 
the  town   of   Guilford   in   Vermont,   in   latitude   forty-two 
degrees,   forty-three   minutes,   fifty-eight   and   seventy-nine 
hundredths  seconds  north,  and  longitude  seventy-two  de- 
grees, forty  minutes,  thirty  and  sixty  hundredths  seconds 


288 


Acts,  1911.  — Chap.  r>28. 


west;  thence  south  eight  degrees,  twenty-one  minutes,  thirty 
seconds  cast,  true  bearing,  about  thirty-eight  buTidred  and 
twenty  feet  to  a  point  on  the  westerly  bank  of  Green  river; 
thence  in  a  general  southerly  and  easterly  direction,  follow- 
ing the  westerly  bank  of  Green  river,  about  forty  thousand 
feet  to  its  intersection  with  the  northerly  boundar}-  line  of 
the  town  of  Greenfield  at  a  point  north  eighty-one  degrees 
nine  minutes  east,  true  bearing,  and  about  twenty-five  feet 
distant  from  a  stone  monument  in  latitude  forty-two  degrees, 
thirty-eight  minutes,  fort.y-eight  and  eighty-nine  hundredths 
seconds  north,  and  longitude  seventy-two  degrees,  thirty- 
seven  minutes,  sixteen  and  ninety  hundredths  seconds  west, 
standing  on  the  westerly  bank  of  the  river  about  two  hundred 
and  ten  feet  northwest  of  the  bridge  over  the  river  near  the 
memorial  monument  to  Mrs.  Williams. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  24,  1011. 


n.  L.  98,  §  3, 

etc., 

amended. 


Chap.328  An  Act  relative  to  the  sale  of  kosher  meat  on  the 

lord's  day. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  three  of  chapter  ninety-eight  of  the 
Revised  Laws,  as  amended  by  chapter  four  himdred  and 
fourteen  of  the  acts  of  the  year  nineteen  hundred  and  two, 
by  chapter  one  hundred  and  twenty-six  of  the  acts  of  the 
year  nineteen  hundred  and  eight,  and  by  chapter  two  him- 
dred and  seventy-three  of  the  acts  of  the  year  nineteen 
hundred  and  eight,  is  hereby  further  amended  by  inserting 
after  the  word  "them",  in  the  twenty-ninth  line,  the  fol- 
lowing: —  nor  the  selling  of  kosher  meat  by  any  person  ^aIio, 
according  to  his  religious  belief,  observes  Saturday  as  the 
Lord's  day  by  closing  his  place  of  business  during  the  day 
until  six  o'clock  in  the  evening;  and  such  person  may  open 
his  place  of  business  on  the  Lord's  day  for  the  sale  of  kosher 
meat  between  the  hours  of  six  o'clock  in  the  morning  and  ten 
o'clock  in  the  morning,  —  so  as  to  read  as  follows:  —  Sec- 
tion 3.  The  provisions  of  the  preceding  section  shall  not  be 
held  to  prohibit  the  manufacture  and  distribution  of  steam, 
gas  or  electricity  for  illuminating  purposes,  heat  or  nu)ti\e 
power,  nor  the  distribution  of  water  for  fire  or  domestic 
purposes,  nor  the  use  of  the  telegraph  or  the  telephone,  nor 
the  retail  sale  of  drugs  and  medicines,  nor  articles  ordered 


Crrtain 
liUHiness  not 
prohibited. 


Acts,  1911.  — CiiAr.  329.  289 

by  the  prescription  of  a  physician  or  mechanical  appliances  certain  busi- 

,.  i.*/  ^  ^  ^  I16SS  not  Dro- 

used  by  physicians  or  surgeons,  nor  the  retail  sale  of  tobacco  hibited. 
in  any  of  its  forms  by  licensed  innholders,  common  victuallers, 
druggists  and  newsdealers  whose  stores  are  open  for  the  sale 
of  newspapers  every  day  in  the  week,  nor  the  retail  sale  of 
ice  cream,  soda  water  and  confectionery  by  licensed  inn- 
holders  and  druggists,  and  by  such  licensed  common  victual- 
lers as  are  not  also  licensed  to  sell  intoxicating  liquors  and  who 
are  authorized  to  keep  open  their  places  of  business  on  the 
Lord's  day,  nor  the  letting  of  horses  and  carriages  or  of 
yachts  and  boats,  nor  unpaid  work  on  yachts  and  pleasure 
boats,  nor  the  running  of  steam  ferry  boats  on  established 
routes,  nor  the  running  of  street  railway  cars,  nor  the  prep- 
aration, printing  and  publication  of  newspapers,  nor  the 
sale  and  delivery  of  newspapers,  nor  the  wholesale  or  retail 
sale  and  delivery  of  milk,  nor  the  transportation  of  milk, 
nor  the  making  of  butter  and  cheese,  nor  the  keeping  open 
of  public  bath  houses,  nor  the  making  or  selling  by  bakers 
or  their  employees,  before  ten  o'clock  in  the  morning  and 
between  the  hours  of  four  o'clock  and  half  past  six  o'clock 
in  the  evening,  of  bread  or  other  food  usually  dealt  in  by 
them,  nor  the  selling  of  kosher  meat  by  any  person  who, 
according  to  his  religious  belief,  observes  Saturday  as  the 
Lord's  day  by  closing  his  place  of  business  during  the  day 
until  six  o'clock  in  the  evening;  and  such  person  may  open 
his  place  of  business  on  the  Lord's  day  for  the  sale  of  kosher 
meat  between  the  hours  of  six  o'clock  in  the  morning  and  ten 
o'clock  in  the  morning,  nor  the  carrying  on  of  the  business 
of  bootblacks  before  eleven  o'clock  in  the  forenoon,  nor  the 
digging  of  clams  or  the  icing  and  dressing  of  fish. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Ayjproved  April  24,  1911. 


An  Act  to  provide  for  the  examination  of  corpora-  ni^f,^  qoo 

TIONS  and  other  ORGANIZATIONS  HAVING  CERTAIN  FINAN-  ^  ' 

CIAL    relations   with    INSURANCE    COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  six  of  chapter  five  hundred  and  seventy-six  of  the  1907,  576, 
acts  of  the   year   nineteen   hundred   and   seven   is   hereby  ^  ^'  amended, 
amended  by  adding  at  the  end  thereof  the  following:  —  If  Reinsurance. 
It  shall  appear  upon  examination  that  any  insurance  com- 
pany has  entered  into  an  agreement  with  a  corporation, 


290 


Acts,  1911.  — Chap.  329. 


Reinsurance. 


Investigation 
of  charges. 


May  summon 
and  examine 
witnesses, 
etc. 


domestic  or  foreign,  or  other  organization  whereby  such 
corporation  or  organization  has  undertaken  except  by  re- 
insurance to  be  responsible  for  the  whole  or  any  part  of 
the  expenses,  liabilities  or  other  obligations  appertaining  to 
the  transaction  of  business  by  such  insurance  company  for  the 
consideration  that  such  insurance  company  shall  become 
liable  to  such  corporation  or  organization  for  a  part  of  said 
insurance  company's  income,  assets  or  profits,  the  insurance 
commissioner  may  at  his  discretion  examine  or  cause  to  be 
examined  such  corporation  or  organization  and  may  thor- 
oughly investigate  its  affairs  to  ascertain  its  jBnancial  con- 
dition, its  abihty  to  fulfil  its  obligations  to  the  insurance 
company  and  any  other  facts  relating  to  its  business  methods 
and  management,  and  shall  set  forth  in  a  report  his  findings 
so  far  as  they  affect  the  financial  condition  of  the  insurance 
company,  which  report  shall  be  a  public  record.  The  per- 
son authorized  by  the  insurance  commissioner  to  make  such 
examination  shall  have  free  access  to  all  the  assets  of  the 
corporation  or  other  organization  for  the  purpose  of  verifica- 
tion and  to  all  the  books  and  papers  which  relate  to  its 
business  and  to  the  books  and  papers  of  its  representatives. 

If  it  shall  appear  to  the  insurance  commissioner  from 
charges  filed  with  him  setting  forth  the  facts  imder  oath 
that  unwarranted  and  misleading  statements,  estimates  and 
promises  are  being  made  and  excessive  compensation  allowed 
for  promoting  the  sale  in  this  commonwealth  of  stock  for 
establishing  new  insurance  companies,  domestic  or  foreign, 
the  commissioner  shall  investigate  said  charges,  or  may  act 
on  his  own  initiative  in  making  such  investigations,  and  shall 
make  a  record  in  his  department  of  his  findings  in  relation 
thereto. 

The  insurance  commissioner  or  the  person  authorized  by 
the  insurance  commissioner  to  make  the  examinations  or 
investigations  provided  for  by  this  act  may  summon  and 
examine  under  oath  any  person  who,  he  believes,  has  knowl- 
edge of  the  affairs,  transactions  or  circumstances  which  are 
being  investigated;  and  whoever,  without  justifiable  cause, 
neglects  upon  due  summons  to  appear  and  testify  before 
the  insiu'ance  commissioner  or  his  authorized  rejiresentative, 
and  whoever  obstructs  said  commissioner  or  said  rej^resent- 
ative  in  making  investigations  hereunder,  shall  be  punished 
by  a  fine  not  exceeding  one  thousand  dollars  or  by  imprison- 
ment for  not  more  than  one  year. 

Approved  April  2Jf,  1011. 


Acts,  1911.  — Chaps.  330,  331.  291 


An  Act  to  establish  the  boundary  line  between  the  (JJki^j  qqq 

TOWNS  OF  NORTH  BROOKFIELD  AND  NEW  BRAINTREE.         ^  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  following  described  line  shall  hereafter  Boundary 
be  the  boundary  line  between  the  towns  of  North  Brookfield  IhTtowns^o? 
and  New  Braintree :  —  Beginning  at  a  granite  monument  field  an^Tew 
standing  in  latitude  forty-two  degrees,  eighteen  minutes,  Braintree. 
thirty-one  and  forty-eight  hundredths  seconds  north,  and 
longitude  seventy-two  degrees,  two  minutes,  twenty-nine 
and  ninety  hundredths  seconds  west,  at  the  corner  of  the 
towns  of  New  Braintree,  North  Brookfield,  Oakham  and 
Spencer;  thence  south  eighty-three  degrees,  thirty-one  min- 
utes west,  true  bearing,  twenty  thousand  seven  hundred  and 
seventy-two  feet  to  a  granite  monument  standing  about  two 
hundred  feet  west  of  a  road  leading  northerly  to  New  Brain- 
tree and  at  an  angle  in  the  present  boundary  line;  thence 
south  thirty-six  degrees,  fifty-one  minutes  west,  true  bearing, 
five  thousand  four  hundred  and  sixty-two  feet  to  a  granite 
monument  standing  about  thirty  feet  south  of  a  highway  at 
an  angle  in  the  present  boundary  line;  thence  south  twenty- 
three  degrees,  two  minutes  west,  true  bearing,  three  thou- 
sand six  hundred  and  six  feet  to  a  granite  monument  stand- 
ing in  the  line  between  New  Braintree  and  West  Brookfield, 
on  the  easterly  side  of  the  road  leading  from  New  Braintree 
to  West  Brookfield,  and  in  latitude  forty-two  degrees,  six- 
teen minutes,  fifty-two  and  thirty  hundredths  seconds  north, 
and  longitude  seventy-two  degrees,  eight  minutes,  six  and 
ninety  hundredths  seconds  west. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  24,  1911. 

An  Act  to  establish  the  boundary  line  between  the  ni.nrn  331 

TOWNS   OF   north   BROOKFIELD   AND   WEST   BROOKFIELD.  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  following  described  line  shall  hereafter  Boundary 
be  the  boundary  line  between  the  towns  of  North  Brookfield  {'u'lftowns^of 
and  West  Brookfield :  —  Beginning  at  a  granite  monument  field  aM^West 
standing  in  the  line  between  New  Braintree  and  West  Brook-  Brookfield. 
field,  on  the  easterly  side  of  the  road  leading  from  New 
Braintree   to   West   Brookfield,    and   in   latitude   forty-two 
degrees,   sixteen  minutes,   fifty-two  and  thirty  hundredths 
seconds   north,    and   longitude   seventy-two   degrees,    eight 


292 


Acts,  1911.  — Chap.  332. 


Boundary 
line  between 
the  towns  of 
North  Krook- 
field  and  West 
Brookfield. 


minutes,  six  and  ninety  hundredths  seconds  west;  thence 
south  seventy-nine  degrees,  forty-eight  minutes  east,  true 
bearing,  four  thousand  seven  hundred  and  ninety-one  feet 
to  a  granite  monument  standing  on  a  wooded  hill  at  an  angle 
in  the  present  boundary  line;  thence  south  twenty  degrees, 
twenty-three  minutes  west,  true  bearing,  five  thousand  nine 
hundred  and  sixty-five  feet  to  a  point  at  a  junction  of  walls 
about  five  hundred  and  twenty-five  feet  east  of  the  ^Vigwam 
road,  so-called;  thence  south  thirty-eight  degrees,  nineteen 
minutes  east,  true  bearing,  five  thousand  one  hundred  and 
twenty-nine  feet  to  a  point  three  feet  south  of  a  wall  and 
about  five  hundred  and  seventy  feet  southeasterly  from  a 
granite  monument  standing  in  the  present  boundary  line, 
on  the  southerly  side  of  the  road  leading  from  North  Brook- 
field  to  West  Brookfield;  thence  south  seventeen  degrees, 
twenty-seven  minutes  west,  true  bearing,  three  thousand  six 
hundred  and  ninety-one  feet  to  a  granite  monument  standing 
at  an  angle  in  the  present  boundary  line,  on  the  southerly 
side  of  a  road  leading  to  West  Brookfield;  thence  south 
forty-seven  degrees,  twenty-four  minutes  east,  true  bearing, 
two  thousand  two  hundred  and  fifty-five  feet  to  a  granite 
monument  standing  in  latitude  forty-two  degrees,  fourteen 
minutes,  nineteen  and  six  hundredths  seconds  and  longitude 
seventy-two  degrees,  six  minutes,  forty-two  and  eighteen 
hundredths  seconds  at  the  corner  of  the  towns  of  Brook- 
field, North  Brookfield  and  West  Brookfield,  as  established 
by  chapter  two  hundred  and  forty  of  the  acts  of  the  year 
nineteen  hundred  and  ten. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Api^roved  April  24,  1911. 


Chap.332  An  Act  to  establish  the  boundary  line  between  the 

TOWNS     OF    NEW     BRAINTREE    AND    WEST     BROOKFIEIJ). 

Be  it  enacted,  etc.,  as  follows: 
Boundary  Section  1.     The  followiug  dcscnbcd  line  shall  hereafter 

line  oBtwGcn 

the  towns  of  bc  the  bouudary  line  between  the  towns  of  New  Braintree 
•tre^an'ii'west  and  Wcst  Brookficld :  —  Beginning  at  a  granite  monument 
Brookfield.  standing  in  the  line  between  New  Braintree  and  West  Brook- 
field, on  the  easterly  side  of  the  road  leading  from  New 
Braintree  to  West  Brookfield,  and  in  latitude  forty-two 
degrees,  sixteen  minutes,  fifty-two  and  thirty  hundredths 
seconds  north,  and  longitude  seventy-two  degrees,  eight 
minutes,  six  and   ninety  hundredths  seconds  west;  thence 


Acts,  1911.  — Chap.  332.  293 


south  sixty-three  degrees,  forty-seven  minutes  west,  true  Boundary 
bearing,  three  thousand  two  hundred  and  ninety  feet  to  a  the  towns  of 
boulder  standing  on  the  easterly  slope  of  a  wooded  hill  at  tr^an^wJat 
an  angle  in  the  present  boundary  line;  thence  north  two  ^■'°<>^fi®'^- 
degrees,  fourteen  minutes  east,  true  bearing,  five  thousand 
one  hundred  and  twenty-nine  feet  to  a  granite  monument 
standing  at  a  junction  of  walls  one  thousand  three  hundred 
and  fifty  feet  southeasterly  from  E.  F.  Pierce's  dwelling,  at 
an  angle  in  the  present  boundary  line ;  thence  south  seventy- 
six  degrees,  fifty-five  minutes  west,  true  bearing,  four  thou- 
sand six  hundred  and  nine  feet  to  a  granite  monument  stand- 
ing on  the  steep,  eastern  slope  of  a  wooded  hill  at  an  angle 
in  the  present  boundary  line;  thence  north  two  degrees, 
twenty-two  minutes  west,  true  bearing,  one  thousand  two 
hundred  and  eighty-four  feet  to  a  granite  monument  stand- 
ing in  a  fence  on  the  easterly  slope  of  a  wooded  hill  at  an 
angle  in  the  present  boundary  line;  thence  south  eighty- 
seven  degrees,  thirty-six  minutes  west,  true  bearing,  eight 
hundred  and  fourteen  feet  to  a  granite  monument  standing 
at  the  north  end  of  a  wall  at  an  angle  in  the  present  boundary 
line;  thence  south  no  degrees,  twenty-three  minutes  east, 
true  bearing,  one  hundred  and  fifty-six  feet  to  a  granite 
monument  standing  near  the  south  end  of  a  wall  at  an  angle 
in  the  present  boundary  line;  thence  north  eighty-seven 
degrees,  forty-seven  minutes  west,  true  bearing,  one  thou- 
sand five  hundred  and  seventy-one  feet  to  a  granite  monu- 
ment standing  on  the  easterly  side  of  a  highway  at  an  angle 
in  the  present  boundary  line;  thence  northerly  following  the 
easterly  side  of  the  highway  about  nine  hundred  and  thirty- 
eight  feet  to  a  granite  monument  standing  at  an  angle  in 
the  present  boundary  line;  thence  north  fifteen  degrees, 
seventeen  minutes  east,  true  bearing,  one  thousand  four 
hundred  and  forty-two  feet  to  a  granite  monument  standing 
in  a  pasture  on  the  northerly  side  of  a  wall  at  an  angle  in 
the  present  boundary  line ;  thence  south  eighty -three  degrees, 
forty-eight  minutes  west,  true  bearing,  eleven  thousand  three 
hundred  and  sixty-three  feet  to  a  granite  boulder  in  latitude 
forty-two  degrees,  seventeen  minutes,  forty  and  twenty-nine 
hundredths  seconds  and  longitude  seventy-two  degrees, 
twelve  minutes,  forty  and  fifty-four  hundredths  seconds  at 
the  corner  of  the  towns  of  New  Braintree,  Ware  and  West 
Brookfield. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  24,  1911. 


294 


Acts,  1911.  — Chap.  333. 


1907.  270, 
§  1,  amended. 


Taxation  for 
improvement 
of  streets  in 
the  city  of 
Lynn. 


Cha2?.S33  An  Act  relative  to  taxation  for  the  improvement  of 

STREETS   IN   THE   CITY   OF   LYNN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  two  hundred  and 
seventy  of  the  acts  of  the  year  nineteen  hundred  and  seven 
is  hereby  amended  by  striking  out  the  word  "and",  after 
the  word  "ten",  in  the  ninth  Hue,  and  inserting  after  the 
word  "eleven",  in  the  tenth  Hne,  the  words:  —  nineteen 
hundred  and  twelve,  nineteen  hundred  and  thirteen,  nine- 
teen hundred  and  fourteen,  nineteen  hundred  and  fifteen 
and  nineteen  hundred  and  sixteen,  —  so  as  to  read  as  fol- 
lows: —  Section  1.  The  tax  assessed  on  property  in  the  city 
of  Lynn,  exclusive  of  the  state  tax,  county  tax  and  sums 
required  by  law  to  be  raised  on  account  of  the  city  debt, 
shall  not  exceed,  on  every  one  thousand  dollars  of  the  asses- 
sors' valuation  of  the  taxable  property  therein  for  the  preced- 
ing year,  twelve  dollars  and  fifty  cents  in  the  year  nineteen 
hundred  and  seven,  thirteen  dollars  in  the  years  nine- 
teen hundred  and  eight,  nineteen  hundred  and  nine,  nineteen 
hundred  and  ten,  nineteen  himdred  and  eleven,  nineteen 
hundred  and  twelve,  nineteen  hundred  and  thirteen,  nine- 
teen hundred  and  fourteen,  nineteen  hundred  and  fifteen 
and  nineteen  hundred  and  sixteen;  the  said  valuation  being 
first  reduced  by  the  amount  of  all  abatements  thereon  pre- 
vious to  the  thirty-first  day  of  December  in  the  year  preced- 
ing said  assessments,  subject  to  all  the  pro^•isions  contained 
in  section  fifty-four  of  chapter  twelve  of  the  Revised  Laws. 

Section  2.  Section  two  of  said  chapter  two  himdred  and 
seventy  is  hereby  amended  by  adding  at  the  end  thereof  the 
words:  —  Not  more  than  one  third  of  said  excess  shall  be 
used  for  sidewalk  construction,  —  so  as  to  read  as  follows: 
—  Section  2.  All  sums  raised  by  taxation  under  the  provi- 
sions of  section  one  of  this  act  in  excess  of  twelve  dollars  on 
every  one  thousand  dollars  of  the  assessors'  valuation  of  the 
taxable  property  in  the  said  city  for  the  preceding  year  shall 
be  used  for  new  pavement  for  streets  and  sidewalks;  but  no 
part  of  the  money  so  received  in  excess  of  tweh'e  dollars  on 
every  one  thousand  dollars  of  the  assessors'  valuation  of 
the  taxable  property  in  said  city  for  the  preceding  year  shall 
be  used  for  repair  work,  or  rejilacing  old  paving,  or  macadam 
work.  Not  more  than  one  third  of  said  excess  shall  be  used 
for  sidewalk  construction.  Approved  April  24,  1911. 


1907,  270, 
§  2,  amended. 


Certain  pro- 
portion of 
tiix  to  be 
used  for  pave- 
ments, etc. 


Acts,  1911.  — Chap.  334.  295 


An  Act  relative  to  transfers  and  removals  by  the  CJiap.334: 

STATE  BOARD  OF  INSANITY  OF  INMATES  OF  CERTAIN  INSTI- 
TUTIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  sixty-nine  of  chapter  five  hundred  g^g^g®' ^^*' 
and  four  of  the  acts  of  the  year  nineteen  hundred  and  nine  amended. 
is  hereby  amended  by  inserting  after  the  word  "belong", 
in  the  nineteenth  Hue,  the  following:  —  provided,  however, 
that  no  person  born  outside  of  the  jurisdiction  of  the  United 
States  shall  be  removed  outside  of  said  jurisdiction  if  he  has 
been  a  resident  of  Massachusetts  for  five  years  immediately 
preceding  his  commitment  or  admission  to  any  institution 
under  the  supervision  of  the  board  and  has  not  been  confined 
in  a  penal  institution  within  said  five  years,  —  so  as  to 
read  as  follows :  —  Section  69.     The  state  board  of  insanity  Transfers  by 

i>,,,i  ••  e  J.'  xj.  e       state  board  of 

may,  subject  to  the  provisions  or  section  seventy,  transfer  insanity. 
to  and  from  any  institution  or  receptacle  under  its  supervi- 
sion, any  inmate  thereof  who,  in  the  opinion  of  the  board 
is  a  proper  subject  for  admission  to  the  institution  or  recepta- 
cle to  which  he  is  to  be  transferred:  provided,  that  no  such  Provisos. 
inmate  shall  be  transferred  to  be  detained  as  an  insane  per- 
son unless  he  shall  have  been  duly  committed  as  insane  by 
a  judge  or  court;  and  provided,  further,  that  no  person  shall 
so  be  transferred  to  the  Bridgewater  state  hospital  unless 
he  has  been  a  criminal  and  vicious  in  his  life.  A  record  of 
such  transfer  shall  be  entered  in  the  registers  of  the  institu- 
tions to  and  from  which  he  is  transferred.  The  commitment 
papers,  together  with  an  abstract  of  his  hospital  case-record, 
shall  be  transmitted  with  him  to  the  institution  to  which  he 
is  transferred.  The  board  may  also  remove  any  pauper 
inmates  of  institutions  under  its  supervision  who  are  not 
subject  to  the  orders  of  a  court  to  any  country,  state  or  place 
where  they  belong:  provided,  however,  that  no  person  born 
outside  of  the  jurisdiction  of  the  United  States  shall  be 
removed  outside  of  said  jurisdiction  if  he  has  been  a  resident 
of  Massachusetts  for  five  years  immediately  preceding  his 
commitment  or  admission  to  any  institution  under  the  super- 
vision of  the  board  and  has  not  been  confined  in  a  penal  insti- 
tution within  said  five  years.  In  making  such  transfers  and 
removals  the  board  shall,  so  far  as  is  practicable,  employ  nurses 
or  attendants  instead  of  officers  of  the  law,  and  shall  employ 
female  nurses  or  attendants  to  accompany  female  patients. 


296  Acts,  1911.  — Chaps.  335,  336. 

Removal  of  SECTION  2.     Nothing  in  this  act  shall  be  construed  to 

mates.  prevent  the  removal  of  any  such  pauper  inmate  to  the  coun- 

try, state  or  place  where  he  belongs,  upon  the  written  request 
of  such  inmate,  his  relatives  or  friends. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Apjjroved  April  24,  1911, 


CJiap.335  An  Act  to  authorize  the  town  of  stoneham  to  borrow 

MONEY   FOR  SEWERAGE   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 
stoneham  SECTION  1.     The  towu  of  Stoueliam  for  the  purposcs  mcu- 

Sewer  Loan,  ,  i  i       i  i  i  <•      i  c 

Act  of  1911.  tioned  in  chapter  two  hundred  and  twelve  oi  the  acts  oi 
the  year  eighteen  hundred  and  ninety-six,  is  hereby  author- 
ized to  borrow  a  sum  not  exceeding  ten  thousand  dollars, 
and  to  issue  therefor  bonds  to  be  denominated  on  the  face 
thereof,  Stoneham  Sewer  Loan,  Act  of  1911.  Such  bonds 
shall  bear  interest  at  a  rate  not  exceeding  four  per  cent  per 
annum  and  shall  be  signed  by  the  treasurer  of  the  town  and 
countersigned  by  the  board  of  public  works.  Of  the  sum  so 
borrowed  five  thousand  dollars  shall  be  payable  in  the  year 
nineteen  hundred  and  twenty-nine  and  five  thousand  dol- 
lars in  the  year  nineteen  hundred  and  thirty,  and  said 
amounts  shall  be  raised  by  taxation  in  the  said  years  respec- 
tivelv,  in  the  same  manner  in  which  other  taxes  are  assessed 
and  collected. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  24,  1911. 


Chap.S3G  An  Act  to  authorize  the  city  of  taunton  to  supply 
water  to  the  inhabitants  of  the  town  of  raynham. 

Be  it  enacted,  etc.,  as  follows: 

iiiecityof  Section  1.    The  city  of  Taunton  may  supply  the  inhabit- 

sui""iy  water  auts  of  the  towu  of  Raynham  with  water  for  the  extinguish- 
of  Kuyniuun.  mcut  of  fircs  and  for  domestic  and  other  purposes,  and  may 
construct  and  lay  conduits,  ])ipes  and  other  works,  under  or 
over  any  lands,  water  courses,  railroads,  railways  and  i)ublic 
or  private  ways,  and  along  any  such  ways  in  the  town  of 
Raynham  in  such  manner  as  not  unnecessarily  to  t)bstruct 
the  same;  and  for  the  ])uri)ose  of  constructing,  maintaining 
and  repairing  sucli  conduits,  ])ii)os  and  other  works,  and  for 
all  purposes  of  this  act,  the  city  of  Taunton  may  enter  ui)on 


Acts,  1911.  — Chap.  336.  297 

and  dig  up  any  such  lands  and  ways:  provided,  however,  that  Proviso, 
the  said  city  shall  not  enter  upon  or  dig  up  any  public  ways 
in  the  town  of  Raynham,  except  with  the  consent  of  the 
selectmen  thereof;  and  the  city  of  Taunton  shall  restore  to 
the  satisfaction  of  the  selectmen  of  the  town  of  Raynham  the 
public  ways  dug  up  or  otherwise  disturbed  in  said  town, 
and  shall  pay  all  damages  to  property  sustained  by  any  per- 
son or  corporation  by  any  act  or  neglect  of  the  city  of  Taun- 
ton, its  agents  or  employees,  in  digging  up,  entering  upon  or 
otherwise  disturbing  any  lands,  or  public  or  private  ways 
within  said  town,  or  by  any  other  thing  done  by  said  city 
under  the  authority  of  this  act.  Any  person  or  corporation 
sustaining  damages  as  aforesaid  under  this  act,  and  failing 
to  agree  with  said  city  as  to,  the  amount  thereof,  may  have 
them  determined  in  the  manner  provided  by  law  in  the  case 
of  land  taken  for  the  laying  out  of  highways,  on  making 
application  at  any  time  within  two  years  after  the  taking 
of  any  property  or  the  doing  of  other  injury  under  the  author- 
ity of  this  act;  but  no  such  application  shall  be  made  after 
the  expiration  of  said  two  years. 

Section  2.  The  city  of  Taunton  may  distribute  water  Distribution 
through  the  town  of  Raynham  or  any  part  thereof,  and  may  °^  ^^t^""'  '**<'• 
regulate  the  use  of  such  water  and  fix  and  collect  rates  for 
the  use  of  the  same;  and  the  town  of  Raynham  may  make 
such  contracts  with  the  city  of  Taunton  for  water  for  extin- 
guishing fires  and  for  other  purposes  as  may  be  agreed  upon 
between  said  town  and  the  city  of  Taunton;  and  the  said 
city  may  establish  and  maintain  fountains  and  hydrants  in 
the  said  town  and  may  relocate  or  discontinue  the  same. 

Section  3.     Said  town  shall  raise  annually,  in  the  manner  payments  to 
provided   in   the  following  section,  a  sum  sufficient  to  pay  Taunton.* 
the  city  of  Taunton  such  annual  sums  as  shall  be  stipulated 
by  said  city  in  the  contract  between  said  city  and  town,  for 
hydrant  rentals  or  for  water  for  extinguishing  fires  and  other 
purposes  as  provided  in  section  two. 

Section  4.  The  assessors  of  said  town  shall  annually,  in  Assessment 
accordance  with  the  preceding  section,  assess  a  separate  tax  ^^  ^^^'  ^**'- 
equal  to  the  amount  provided  for  in  the  above  section, 
justly  and  equitably,  in  proportion  to  the  particular  benefits 
to  each  estate,  upon  all  taxable  property  contained  within 
zones  or  belts  extending  one  thousand  feet  on  each  side 
from  the  centre  of  any  public,  private  or  other  way  in  which 
pipes  or  other  structures  for  the  conveyance  of  water  have 
been  laid,  and  are  in  use  under  the  provisions  of  this  act, 


298 


Acts,  1911.  — Chap.  33G. 


so  that  said  zones  shall  be  two  thousand  feet  wide,  and  in 
length  the  said  zones  shall  extend  along  the  said  ways  re- 
spectively to  a  point  five  hundred  feet  beyond  the  last  hydrant 
or  other  fixture  on  any  such  way  from  which  water  can  be 
drawn  for  extinguishing  fires.  Any  person  or  corporation 
aggrieved  by  reason  of  the  refusal  of  the  assessors  to  abate 
a  tax  levied  under  this  act  shall  have  the  same  right  of  appeal 
to  the  county  commissioners  or  to  the  superior  court  for  an 
abatement  which  now  exists  for  any  town  tax.  The  tax 
above  provided  for  shall  be  collected  in  the  same  manner  in 
which  town  taxes  are  collected. 
Town  may  SECTION  5.     The  towu  shall  havc  the  right  at  anv  time 

acquire  cer-  „  •        i      n    i  i  i        •        i  i       •        ii«    "      i    • 

tain  property,  alter  it  shall  havc  been  authorized  to  supply  itseli  and  its 
inhabitants  with  water,  and  shall  have  voted  so  to  do,  to 
take  or  acquire  by  purchase  or  otherwise  the  property  and 
all  the  rights  and  privileges  of  the  city  within  said  town,  on 
payment  to  the  city  of  the  actual  cost  of  its  works  and  prop- 
erty of  all  kinds  held  under  the  provisions  of  this  act  at  the 
time  of  such  purchase  or  taking.  The  city  shall  keep  a 
separate  account  of  the  cost  and  construction  expenses  of 
its  plant  within  the  town,  which  account  shall  be  open  to 
the  selectmen  or  to  any  committee  appointed  for  the  purpose 
by  the  town.  In  case  the  town  shall  have  voted  to  supply 
with  water  that  part  of  the  town  which  is  supplied  by  said 
city  it  shall  purchase  said  works,  property,  rights  and  })rivi- 
leges.  If  said  town  cannot  agree  Avith  said  city  uixin  the 
amount  of  the  actual  cost  thereof  upon  the  basis  hereinbefore 
specified,  then,  upon  a  bill  in  equity  brought  either  by  the 
city  or  by  the  town,  the  supreme  judicial  court  shall  ascer- 
tain and  fix  said  total  actual  cost  upon  the  basis  herein- 
before specified,  and  shall  enforce  the  right  of  the  town  to 
take  possession  of  said  property,  rights  and,  privileges,  u})on 
the  payment  of  the  cost  as  aforesaid  to  the  city,  and  shall 
enforce  the  obligation  of  the  town  to  purchase  said  property, 
rights  and  privileges  and  to  pay  said  city  the  cost  thereof  as 
so  ascertained. 

Section  (3.  This  act  shall  take  effect  upon  its  passage, 
but  shall  become  void  unless  the  city  of  Taunton  shall  begin 
to  distribute  water  through  its  ])ipes  to  consumers  in  the  town 
of  Raynham  within  three  years  after  the  passage  of  this  act. 

Approved  April  21^,  1911. 


Time  of 
taking  effect. 


Acts,  1911.  — Chaps.  337,  338.  299 


An  Act  relative  to  the  taxation  of  deposits  in  the  Chap.337 

SAVINGS   departments   OF   TRUST   COMPANIES. 

Be  it  enacted,  etc.,  a^  follows: 

Section  1.     The  tax  imposed  by  section  one  of  chapter  Taxation  of 
three  hundred  and  forty-two  of  the  acts  of  the  year  nineteen  sa^hfgs^de 
hundred  and  nine  shall  apply  only  to  such  of  the  deposits  \rulTcom-°^ 
therein  designated  as  do  not  exceed  in  amount  the  limits  pan'es. 
imposed  upon  deposits  in  savings  banks  by  section  forty-six 
of  chapter  five  hundred  and  ninety  of  the  acts  of  the  year 
nineteen  hundred  and  eight  and  acts  in  amendment  thereof 
and  in  addition  thereto. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  21^.,  1911. 

An  Act  relative  to  retirement  systems  for  the  pay-  (7/^(^^.338 

MENT    of    annuities    AND    PENSIONS    TO     EMPLOYEES    OF 
cities  AND   TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  six  hundred  and  nine-  i9io,  6i9, 
teen  of  the  acts  of  the  year  nineteen  hundred  and  ten  is  ^  ^'  '*'"'^"'^*^'^- 
hereby  amended  by  inserting  after  the  paragraph  marked 
(e)  the  following  paragraph:  —  (/)  The  word  "employees" 
means  only  regular  and  permanent  employees  whose  only 
or  principal  employment  is  in  the  service  of  the  city  or  town, 
—  and  by  striking  out  the  letter  "(/)",  in  the  seventeenth 
line,  and  inserting  in  place  thereof  the  letter:  —  (g),  —  so 
as  to  read  as  follows :  —  Seciion  1 .     In  this  act,  unless  the  certain 
context  otherwise  requires:  —  teims^ir/ned 

(a)  The  words  "city  council"  mean  the  legislative  branch 
of  the  city  government,  whether  consisting  of  one  chamber 
or  two. 

(6)  The  words  "retirement  system"  mean  the  arrange- 
ments provided  in  this  act  for  the  payment  of  annuities  and 
pensions. 

(c)  The  word  "annuities"  means  the  payments  for  life 
derived  from  money  contributed  by  the  employees. 

id)  The  word  "pensions"  means  the  payments  for  life 
derived  from  money  contributed  by  the  city  or  towji. 

{e)  The  words  "regular  interest"  mean  interest  at  three 
per  cent  per  annum  compounded  semi-annually  on  the  last 


300 


Acts,  1911.  — CiiAr.  338. 


1910,  619, 
§  2,  amended. 


Cities  and 

towns  may 

establish 

retirement 

systems  for 

employees, 

etc. 


Copy  of  vote 
establishing 
system  to  be 
filed  with 
the  insurance 
commissioner. 


days  of  Januarj^  and  July,  and  reckoned  for  full  three  and 
six  months  periods  only. 

(/)  The  word  "employees"  means  only  regular  and  per- 
manent employees  whose  only  or  principal  employment  is  in 
the  service  of  the  city  or  town. 

(g)  The  words  "continuous  service"  mean  uninterrupted 
employment,  with  this  exception:  a  lay-off  on  account  of 
illness  or  reduction  of  force;  and  a  leave  of  absence,  suspen- 
sion or  dismissal  followed  by  reinstatement  within  one  year, 
shall  not  be  considered  as  breaking  the  continuity  of  service. 

Section  2.  Section  two  of  said  chapter  six  hundred  and 
nineteen  is  hereby  amended  by  inserting  before  the  words 
"be  accepted",  in  the  twelfth  line,  the  words:  —  as  amended, 
—  so  as  to  read  as  follows:  —  establishment  of  retire- 
ment SYSTEM.  Section  2.  Any  city  or  town  in  this  common- 
wealth may  establish  a  retirement  system  for  its  employees 
by  accepting  the  provisions  of  this  act  in  the  following  man- 
ner: In  the  case  of  a  city,  whenever  a  vote  to  accept  the 
provisions  of  the  act  shall  have  duly  been  passed  by  the  city 
council,  the  question  of  acceptance  shall  then  be  submitted 
to  the  voters  of  the  city  at  the  next  municipal  election. 
The  vote  shall  be  in  answer  to  the  question,  placed  upon  the 
ballot :  "  Shall  an  act  passed  by  the  general  court  in  the  year 
nineteen  hundred  and  ten,  entitled  'An  Act  authorizing  the 
cities  and  towns  of  the  commonwealth  to  establish  retire- 
ment systems  for  their  employees ',  as  amended,  be  accejited?  " 
In  the  case  of  a  town,  whenever  a  vote  to  accept  the  provi- 
sions of  the  act  shall  have  duly  been  passed  by  the  board  of 
selectmen,  the  question  of  acceptance  shall  then  be  submitted 
to  the  voters  of  the  town  at  the  next  town  meeting.  If  a  ma- 
jority of  the  voters  voting  on  the  question  at  the  city  election 
or  at  the  town  meeting  shall  vote  in  the  affirmative,  this  act 
shall  take  eil'ect  in  such  city  or  town  as  hereinafter  provided. 

A  copy  of  the  vote  of  the  city  council  or  of  the  board  of 
selectmen,  certified  bv  the  citv  clerk  or  by  the  town  clerk, 
and  a  copy  of  the  vote  at  the  city  election  or  at  the  town  meet- 
ing, sworn  to  by  the  local  election  conunissioners  or  the 
officers  corresponding  thereto,  shall,  within  thirty  days 
respectively  after  the  date  of  the  latter  \-ote,  be  filed  in  the 
office  of  the  insurance  commissioner.  The  latter  shall  forth- 
with issue  a  certificate  that  the  retirement  system  is  declared 
established  in  said  city  or  town,  to  become  operative  on  the 
first  day  of  February  or  the  first  day  of  August  following  the 
exi)iratit)n  of  three  months  after  the  (.late  of  such  certificate. 


Acts,  1911.  — Chap.  3:38.  301 

Section  3.  Section  three  of  said  chapter  six  hundred  and  §^3^*^amended. 
nineteen  is  hereby  amended  by  striking  out  the  word  "  sixty  ", 
in  the  fourth  hue  of  paragraph  (1),  and  inserting  in  place 
thereof  the  word :  —  thirty,  —  by  inserting  after  the  words 
''board  of  retirement",  in  the  fourth  Hne  of  paragraph  (4), 
the  words:  —  upon  recommendation  of  the  head  of  the 
department  in  which  the  member  is  employed,  —  by  strik- 
ing out  the  words  "so  retire",  at  the  end  of  paragraph  (4), 
and  inserting  in  place  thereof  the  words:  —  be  retired,  irre- 
spective of  such  recommendation,  —  and  by  inserting  after 
the  words  "board  of  retirement",  in  paragraph  (5),  the 
words :  —  upon  recommendation  of  the  head  of  the  depart- 
ment in  which  the  member  is  employed,  —  so  as  to  read  as 

follows :  —  THE  RETIREMENT  ASSOCIATION.     Section  3.     When-  organization, 

ever  a  city  or  town  shall  have  voted  to  establish  a  retirement 
system  under  the  provisions  of  section  two,  a  retirement 
association  shall  be  organized  as  follows :  — 

(1)  All  employees  of  the  city  or  town,  on  the  date  when 
the  retirement  system  is  declared  established  by  the  issue  of 
the  certificate,  as  provided  in  section  two,  may  become  mem- 
bers of  the  association.  On  the  expiration  of  thirty  days 
from  said  date  every  such  employee  shall  be  considered  to 
have  elected  to  become,  and  shall  thereby  become,  a  member, 
unless  he  shall  have,  within  that  period,  sent  notice  in  writ- 
ing to  the  local  election  commissioners  or  the  officers  corre- 
sponding thereto  that  he  does  not  .wish  to  join  the  association. 

(2)  All  employees  who  enter  the  service  of  the  city  or  town 
after  the  date  when  the  retirement  system  is  declared  estab- 
Hshed  by  the  issue  of  the  certificate,  as  provided  in  section 
two,  except  persons  who  have  passed  the  age  of  fifty-five 
years,  shall  upon  completing  thirty  days  of  service  become 
thereby  members  of  the  association.  Persons  over  fifty-five 
years  of  age  who  enter  the  service  of  the  city  or  town  after 
the  establishment  of  the  retirement  system  shall  not  be 
allowed  to  become  members  of  the  association,  and  no  such 
employee  shall  remain  in  the  service  of  the  city  or  town 
after  reaching  the  age  of  seventy  years. 

(3)  No  officer  elected  by  popular  vote  may  become  a 
member  of  the  association,  nor  any  employee  who  is  or  will 
be  entitled  to  a  pension  from  the  city  or  town  for  any  reason 
other  than  membership  in  the  association. 

(4)  Any  member  who  reaches  the  age  of  sixty  years  and 
who  has  been  in  the  continuous  service  of  the  city  or  town 
for  a  period  of  fifteen  years  immediately  preceding  may  retire 


302 


Acts,  1911.  — Chap.  838. 


1910,  619, 
§  4,  amended. 


Board  of 
retirement. 


Vacancy. 


or  may  be  retired  by  the  board  of  retirement,  upon  recom- 
mendation of  the  head  of  the  department  in  which  tlie 
member  is  employed,  and  any  member  who  reaches  the  age 
of  seventy  must  be  retired,  irrespective  of  such  recommenda- 
tion. 

(5)  Any  member  who  has  completed  a  period  of  thirty- 
five  years  of  continuous  service  may  retire,  or  may  be  retired 
at  any  age  by  the  board  of  retirement  upon  recommendation 
of  the  head  of  the  department  in  which  the  member  is  em- 
ployed if  such  action  be  deemed  advisable  for  the  good  of 
the  service. 

Section  4.  Section  four  of  said  chapter  six  hundred  and 
nineteen  is  hereby  amended  by  striking  out  the  word  "  thirty", 
in  the  fifth  line  of  paragraph  (1),  and  inserting  in  place  thereof 
the  word:  —  sixt}^  —  by  adding  to  paragraph  (2)  the  fol- 
lowing: —  All  claims  for  reimbursement  on  this  account  shall 
be  subject  to  the  approval  of  the  city  council  or  the  board 
of  selectmen,  —  by  adding  to  paragraph  (4)  the  words:  — 
subject  to  the  approval  of  the  city  council  or  the  board  of 
selectmen,  —  and  by  inserting  after  the  words  "  under 
section  five,  (2)  A  ",  in  the  second  and  third  lines  of  paragraph 
(6)  A,  the  words:  —  and  (3),  — and  by  striking  out  the  words 
"as  defined  in  section  five,  (2)  B  (6) ",  in  the  second  and  third 
lines  of  paragraph  (6)  G,  —  so  as  to  read  as  follows:  — 
THE  BOARD  OF  RETIREMENT.  Section  4-  (1)  I'hc  manage- 
ment of  the  retirement  system  is  hereby  vested  in  the  board 
of  retirement,  consisting  of  three  members,  one  of  whom  shall 
be  the  city  or  town  treasurer;  the  second  member  shall  be 
a  member  of  the  association  elected  by  the  latter  within 
sixty  days  after  the  date  when  the  retirement  system  is 
declared  established  by  the  issue  of  the  certificate,  as  pro- 
vided by  section  two,  in  a  manner  to  be  determined  by  the 
local  election  commissioners  or  the  officers  corresponding 
thereto;  the  third  member  shall  be  chosen  by  the  other  two 
members.  In  case  of  the  failure  of  the  latter  to  choose  the 
third  member  within  thirty  days  after  the  election  of  the 
second  member,  the  mayor  or  the  chairman  of  the  board  of 
selectmen  shall  appoint  such  third  member.  The  first  per- 
son so  chosen  or  appointed  as  third  member  shall  serve  for 
two  years;  otherwise  and  thereafter  the  term  of  office  of  the 
two  elected  members  shall  be  three  years.  On  a  vacancy 
occurring  in  the  board  for  any  cause  or  on  the  expiration 
of  the  term  of  office  of  any  member,  a  successor  of  the  per- 


Acts,  1911.  — Chap.  338.  303 

son  whose  place  has  become  vacant  or  whose  term  has  expired 
shall  be  chosen  in  the  same  manner  as  was  his  predeces- 
sor. 

(2)  The  members  of  the  board  of  retirement  shall  serve  compensa- 
without  compensation;  but  they  shall  be  reimbursed  out  of  *'°°* 
the  contingent  fund  for  any  expense  or  loss  of  salary  or  wages 

which  they  may  incur  through  service  on  the  board.  All 
claims  for  reimbursement  on  this  account  shall  be  subject  to 
the  approval  of  the  city  council  or  the  board  of  selectmen. 

(3)  The  city  or  town  treasurer  shall  have  charge  and  con-  investment 
trol  of  the  funds  of  the  system,  subject  to  the  approval  of  " 

the  board  of  retirement,  and  shall  invest  and  reinvest  the 
same,  and  may  from  time  to  time  sell  any  securities  held  by 
him  and  invest  and  reinvest  the  proceeds,  and  any  and  all 
unappropriated  income  of  said  funds:  promled,  hoivever,  that  Proviso, 
all  funds  received  by  him  not  required  for  current  disburse- 
ments shall  be  invested  in  accordance  with  the  provisions  of 
the  laws  of  this  commonwealth  relating  to  the  investment 
of  the  funds  of  savings  banks.  He  shall  in  the  investment 
of  the  funds  give  preference  to  the  securities  of  the  city  or 
town  in  which  the  retirement  system  has  been  established. 
He  may,  whenever  he  sells  such  securities,  deliver  the  securi- 
ties so  sold  upon  receiving  the  proceeds,  and  may  execute 
all  documents  necessarv  to  transfer  the  title  thereto. 

(4)  The  board  of  retirement  shall  have  power  to  make  By-iaws,  etc. 
by-laws  and  regulations  not  inconsistent  with  the  provisions 

of  this  act,  and  to  employ  such  clerical  or  other  assistance 
as  may  be  necessary  for  the  fulfillment  of  its  purposes  sub- 
ject to  the  approval  of  the  city  council  or  the  board  of 
selectmen. 

(5)  The  board  shall  determine  the  percentage  of  wages  Contribu- 
that  employees  shall  contribute  to  the  pension  fund,  subject   '°°^' "  ^' 
to  the  minimum  and  maximum  percentages,  and  shall,  fur- 
thermore, have  power  to  classify  employees  for  the  purposes 

of  the  retirement  system,  and  to  establish  different  rates  of 
contribution  for  different  classes  within  the  prescribed  limits. 

(6)  The  city  or  town  treasurer  shall,  in  February  of  each  state  of 

1  »'  .i.  ..  *iiii  financial  con- 

year,  unless  tor  cause  the  msurance  commissioner  shall  have  ditiontobe 

granted  an  extension  of  time,  file  in  the  office  of  the  insur-  fhe1nlu?ance 

ance  commissioner  a  sworn  statement,  which  shall  exhibit  commissioner. 

the   financial   condition   of  the   retirement   system   on   the 

thirty-first  day  of  the  preceding  January,  and  its  financial 

transactions  for  the  year  ending  with  said  day.     Such  state- 


304 


Acts,  1911.  — Chap.  338. 


Peposit 

reserve. 


Interest 
reserve. 


Annuity 
reserve. 


Expense  <ind 

contingent 

funds. 


Oifts  and 
bequests. 


ment  shall  be  in  a  form  approved  by  the  insurance  commis- 
sioner, and  shall  show,  among  other  things,  the  liability  of 
the  retirement  system  on  account  of  the  following  items:  — 

A.  Deposit  Reserve. 

The  total  of  the  deposits  of  the  members  actually  received 
by  the  treasurer  or  due  from  the  city  or  town  under  section 
five,  (2)  A,  and  (3),  and  held  subject  to  withdrawal  by  such 
members. 

B.  Interest  Reserve. 
Regular  interest  on  such  deposits. 

C.  Annuity  Reserve. 

The  net  value  of  the  annuities  entered  upon  under  section 
six,  (2)  B,  on  the  basis  of  the  mortality  tables  and  interest 
rates  provided  for  in  this  act. 

D.    Expense  and  Contingent  Funds. 

(a)  The  unexpended  portion  of  the  amounts  received  under 
section  five,  (1). 

(6)  The  contingent  fund. 

E.     Gifts  arid  Bequests. 

The  amounts  received  as  gifts  or  bequests  and  held  under 
the  terms  of  such  gifts  or  bequests. 


F.     Other  Liabilities. 


Other 
liabilities. 


Surplus. 


1910,  019, 
§  5,  amended. 


All  other  liabilities. 


G'.     Surplus. 

—  The  undistributed  surplus  arising 


(a)  Annuity  surplus. 
from  annuity  deposits. 

{h)  Other  surplus.  —  All  unassigned  funds. 

Section  5.  Section  five  of  the  said  chapter  six  hundred 
and  nineteen  is  hereby  amended  by  striking  out  paragraph 
(2)  B  (b)  and  inserting  in  })lace  thereof  the  following  para- 
graph: —  (b)  Every  year,  in  February,  in  case  the  actual 
annuity  deposits  shall  be  less  than  the  amount  of  the  annuity 
reserve,  the  city  or  town  shall  make  good  such  deficiency, 

—  by  adding  after  j)aragrai)h  B  (d)  the  following  ])aragraph: 

—  (e)  The  city  or  town  shall  ai)propriate  annually  such  au 


Acts,  1911.  — Chap.  338.  305 

amount  as  may  be  necessary  to  defray  the  contributions  to 
be  made  by  it  under  paragraph  (2)  B  (a),  (6),  (c)  and  (d) 
of  this  section,  according  to  estimates  prepared  by  the  treas- 
urer,—  and  by  striking  out  the  word  "pension",  in  the 
fifth  Hue  of  paragraph  (3),  and  inserting  in  place  thereof 
the    word:  —  retirement,  —  so    as    to    read    as    follows:  — 

CREATION      OF     THE      RETIREMENT     FUND.      Section     5.      The  Creation  of 

funds  of  the  retirement  system  shall  be  raised  as  follows:  —  fund^™^°* 

(1)     Expense  and  Contingent  Fund. 

The  city  or  town  shall  appropriate  annually  such  an  amount  Expense  and 
as  may  be  necessary  to  defray  the  whole  expense  of  adminis-  fuSd"^*"^ 
tration,  according  to  estimates  prepared  by  the  treasurer. 

(2)     Annuity  and  Pension  Fund. 

A.  Deposits'  by  Members.  —  Each  member  shall  deposit  Annuity  and 
in  this  fund  from  his  wages  or  salary,  as  often  as  the  same  are 
payable,  not  less  than  one  per  cent  and  not  more  than  five 

per  cent  of  the  amount  of  his  wages  or  salary  as  determined 
by  the  board  of  retirement  under  the  provisions  of  section 
four  (5) :  prooided,  however,  that  employees  who  receive  more  proviso. 
than  thirty  dollars  weekly  in  wages  or  salary  shall  not  be 
assessed  for  contribution  to  this  fund  on  the  excess  above 
that  amount. 

B.  Contributions  by  the  City  or  Town.  —  (a)  Every  month  Contribu- 
the  city  or  town  shall  contribute  such  amount  as  the  board  c^resand 
of  retirement  may  determine  to  be  necessary  to  pay  current  towns. 
pensions  for  subsequent  serx^ces,  under  section  six,  (2)  C  (a). 

(6)  Every  year,  in  February,  in  case  the  actual  annuity 
deposits  shall  be  less  than  the  amount  of  the  annuity  reserve, 
the  city  or  town  shall  make  good  such  deficiency. 

(c)  Every  month  the  city  or  town  shall  contribute  such 
amount  as  the  board  of  retirement  may  determine  to  be 
necessary  to  pay  current  pensions  for  prior  service  under 
section  six,  (2)  C  {b). 

(d)  Every  month  the  city  or  town  shall  contribute  such 
amount  as  the  board  of  retirement  may  determine  to  be 
necessary  to  ensure  the  minimum  payments  provided  for  in 
section  six,  E. 

(e)  The  city  or  town  shall  appropriate  annually  such  an 
amount  as  may  be  necessary  to  defray  the  contributions  to 
be  made  by  it  under  paragraph  (2)  B  (a),  (6),  (c)  and  (d)  of 
this  section,  according  to  estimates  prepared  by  the  treasurer. 


306 


Acts,  1911.  — Chap.  338. 


Provision  for 
payments. 


1910,  619, 
§  6,  amended. 


(3)     Provision  for  Paymenis. 

All  amounts  payable  by  members  of  the  association  under 
paragraph  (2)  A  of  this  section  shall  be  deducted  by  the  city 
or  town  from  the  amounts  payable  to  them  as  wages  or  sal- 
ary, as  often  as  the  same  are  payable,  and  shall  be  credited 
immediately  to  the  retirement  fund  by  the  city  or  town 
treasurer. 

Section  6.  Section  six  of  said  chapter  six  hundred  and 
nineteen  is  hereby  amended  by  striking  out  paragraph  "  (1) 
Expense  and  Contingent  Funds'',  and  inserting  in  place  thereof 
the  following:  —  (1)  Expense  and  Contingent  Fund.  The 
fund  provided  for  under  section  five,  (1),  shall  be  used,  so 
far  as  may  be  necessary,  for  the  payment  of  the  expenses  of 
administration.  The  portions  not  so  used,  if  any,  shall  l)e 
repaid  into  the  city  or  town  treasury.  In  case  the  amount 
appropriated  for  the  expense  and  contingent  fund  in  any  year 
should  prove  insufficient,  the  city  or  town  shall  appropriate 
in  the  following  year  such  additional  sum  as  may  be  required 
to  cover  the  deficit,  —  by  inserting  after  the  words  "  there- 
after retires",  in  the  fourth  line  of  paragraph  (2)  B,  the  fol- 
lowing words:  —  or  is  retired,  —  by  striking  out  the  words 
"time  when  he  entered  the  service  of  the  city  or  town",  in 
the  tenth  and  eleventh  lines  of  paragraph  (2)  C  (b),  and 
inserting  in  place  thereof  the  following  words:  —  beginning 
of  such  period  of  continuous  service,  —  and  by  striking  out 
the  words  "  Employees  who  had  already  reached  the  age  of 
sixtv  vears  at  the  time  when  the  retirement  svstem  was  ostab- 
lished,  and  employees  who  had  already  reached  the  age  of 
fift^'-five  vears  at  that  date  and  also  became  members  of 
the  association",  in  paragraph  (2)  C  (6),  and  inserting  in 
place  thereof  the  following:  — 

Any  employee  who  had  already  reached  the  age  of  fifty- 
five  years  on  the  date  when  the  retirement  system  was  estab- 
lished, and  also  became  a  member  of  the  association,  —  by 
inserting  before  the  paragraph  "D.  Application  of  Sur- 
plus", the  following:  — 

Any  employee  not  a  member  of  the  association  who  had 
already  reached  the  age  of  fifty-fiN'e  years  on  the  date  when 
the  retirement  system  was  established,  may  be  retired  at 
any  time  and  shall  be  paid  a  ])cnsion  e(iuivalent  to  the  mini- 
nnun  payment  herein  ])r()vidc(l  for,  —  by  inserting  after  the 
word  "Minimum",  in  the  first  line  of  paragraph  E,  the  words: 


Acts,  1911.  — Chap.  338.  307 

—  and  Maximum,  —  and  by  adding  after  the  word  "year", 
in  the  third  Hne  of  said  paragraph  E,  the  words:  —  or  at  a 
rate  more  than  one  half  the  amount  of  the  average  wages  or 
salary  received  by  the  member  during  the  ten  years  prior 
to  his  retirement,  —  so  as  to  read  as  follows:  —  distribu- 
tion OF  FUNDS.  Section  6.  The  city  or  town  treasurer  shall 
administer  the  funds  of  the  retirement  system  in  accordance 
with  the  following  plan:  — 

(1)     Expense  and  Contingent  Fund. 

The  fund  provided  for  under  section  five,  (1),  shall  be  Expense  and 
used,  so  far  as  may  be  necessary,  for  the  payment  of  the  rCnd"^^"*^ 
expenses  of  administration.  The  portions  not  so  used,  if 
any,  shall  be  repaid  into  the  city  or  town  treasury.  In  case 
the  amount  appropriated  for  the  expense  and  contingent 
fund  in  any  year  should  prove  insufficient,  the  city  or  town 
shall  appropriate  in  the  following  year  such  additional  sum 
as  may  be  required  to  cover  the  deficit. 

(2)     Annuity  and  Pension  Funds. 

A.  Refunds.  ^-  (a)  Should  a  member  of  the  association  Annuity 
cease  to  be  an  employee  of  the  city  or  town  for  any  cause  fund^!"^^'*"^ 
other  than  death  before  becoming  entitled  to  a  pension, 

there  shall  be  refunded  to  him  all  the  money  that  has  been 
paid  in  by  him  under  section  five,  (2)  A,  with  regular  in- 
terest. 

(b)  Should  a  member  of  the  association  die  before  becom- 
ing entitled  to  a  pension,  there  shall  be  paid  to  his  legal 
representatives  all  the  money  that  has  been  paid  in  by  him 
under  section  five,  (2)  A,  with  such  interest  as  shall  have  been 
earned  on  such  deposits. 

B.  Annuities  from  Employees^  Deposits.  —  Every  member  Annuities 
who  reaches  the  age  of  sixty  years  and  has  been  in  the  con-  employees' 
tinuous  service  of  the  city  or  town  for  fifteen  years  immedi-  ^^^i^'^^'^^- 
ately  preceding,  and  then  or  thereafter  retires  or  is  retired, 

every  member  who  retires  or  is  retired  at  the  age  of  seventy 
years,  and  every  member  who  is  retired  for  the  good  of  the 
service  under  the  provisions  of  section  three,  (5),  shall  receive 
an  annuity  to  which  the  sum  of  his  deposits  under  section 
five,  (2),  with  regular  interest,  shall  entitle  him,  according 
to  the  tables  adopted  by  the  board  of  retirement,  in  one  of 
the  following  forms:  — 


308 


Acts,  1911.  — Ciiai>.  338. 


Pensions 
derived  from 
contril)utions 
by  cities  and 
towns. 


Pensions 
based  upon 
prior  service. 


(a)  A  life  amiiiity,  payable  monthly. 

(6)  A  life  annuity,  jjayahle  monthly,  with  the  provision 
that  in  the  event  of  the  death  of  the  annuitant  before  receiv- 
ing payments  equal  to  the  sum  at  the  date  of  his  retirement 
of  his  deposits  under  section  five,  (2)  A,  with  regular  interest, 
the  difference  shall  be  paid  to  his  legal  representatives. 

C.  Peiuions  derived  from  Contrihidions  by  the  City  or  Toun. 
—  (a)  Pensions  based  upon  subsequent  service.  Any  mem- 
ber entitled  to  an  annuity  under  paragraph  (2)  B,  of  this 
section,  shall  receive  in  addition  thereto  a  pension  for  life 
payable  monthly  equivalent  to  that  annuity,  to  be  paid  out 
of  the  fund  contributed  bv  the  citv  or  town  under  the  pro- 
visions  of  section  five,  (2)  B  (a). 

(b)  Pensions  based  upon  prior  service.  Any  member  of 
the  association  who  reaches  the  age  of  sixty  years,  having 
been  in  the  continuous  service  of  the  city  or  town  for  fifteen 
years  or  more  immediately  preceding,  and  then  or  thereafter 
retires  or  is  retired,  shall  receive  in  addition  to  the  annuity 
and  pension  provided  for  by  paragraphs  (2)  B  and  C  (a)  of 
this  section,  an  extra  pension  for  life  as  large  as  the  amount 
of  the  annuity  to  which  he  might  have  acquired  a-  claim  if 
the  retirement  system  had  been  in  operation  at  the  beginning 
of  such  period  of  continuous  service,  and  if  accordingly  he 
had  paid  regular  contributions  from  that  date  to  the  date 
of  the  establishment  of  the  retirement  association,  at  the 
same  rate  as  that  first  adopted  by  the  board  of  retirement, 
and  if  such  deductions  had  been  accumulated  with  regular 
interest. 

Any  employee  who  had  already  reached  the  age  of  fifty- 
five  years  on  the  date  when  the  retirement  system  was 
established,  and  also  became  a  member  of  the  association, 
may  be  retired  under  the  provisions  of  the  preceding  })ara- 
graph  without  having  completed  the  otherwise  required 
service  period  of  fifteen  years. 

For  the  purpose  of  computing  any  pension  }^ayable  for 
prior  service,  the  board  of  retirement  may  estimate  on  a 
basis  determined  by  them  the  wages  received  at  any  ])erio(l 
for  which  they  may  deem  it  impracticable  to  consult  the 
original  records. 

Any  employee  not  a  member  of  the  association  who  had 
already  reached  the  age  of  fifty-five  years  on  the  date  when 
the  retirement  system  was  established,  may  be  retired  at 
any  time  and  shall  be  ])aid  a  jxMisioii  e(iui\"alent  to  the  mini- 
mum payment  herein  providetl  for. 


Acts,  1911.  — Chap.  339.  309 

D.  Application   of  Surplus.  —  The   board   of   retirement  Application 
shall  have  power  to  determine  the  application  of  any  sur- 
plus, as  defined  under  section  four,  (6)  G,  subject  to  the 
approval  of  the  insurance  commissioner. 

E.  Minimum  and  Maximum  Payments.  —  In  no  case  shall  ^1^'"""" 
the  total  monthlv  payment  to  a  member  be  at  a  rate  less  maximum 

1  1  1      'i      1    11  1  payments. 

than  two  hundred  dollars  per  year,  or  at  a  rate  more  than 
one  half  the  amount  of  the  average  wages  or  salary  received 
by  the  member  during  the  ten  years  prior  to  his  retirement. 

F.  Association    Membership    and    Pension    Certificate.  —  Association 
Membership  in  the  association  shall  be  evidenced  by  a  cer-  membership, 
tificate  to  be  issued  to  each  member  by  the  board  of  retire- 
ment, and  the  right  to  an  annuity  or  a  pension  shall  be  evi- 
denced by  a  policy  to  be  issued  to  each  member  who  retires 

or  is  retired  by  the  board  of  retirement. 

Section  7.     The  said  chapter  six  hundred  and  nineteen  i9io,  6i9, 
is  hereby  amended  by  inserting  after  section  ten  the  follow-  ^™^" 
ing  new  section:  —  Section  11.     This  act  may  be  altered  or  Alterations 
amended  from  time  to  time,  and  all  such  alterations  and  mrafs"'"^'^ 
amendments  shall,  upon  their  passage,  become  binding  upon 
cities  and  towns  which  have  previously  accepted  this  act, 
and  all  contractual  rights  entered  into  by  and  between  any 
city  or  town  and  the  employees  thereof  under  the  provisions 
of  this  act  shall  be  deemed  to  have  been  entered  into  subject 
to  being  subsequently  affected  by  such  alterations  or  amend- 
ments: provided,  however,  that  no  such  alteration  or  amend-  Proviso. 
ment  shall  affect  the  rights  of  employees  given  by  section 
six,  (2)  A,  of  this  act  with  reference  to  deposits  previously 
made. 

Section  8.     This  act  shall  take  effect  upon  its  passage. 

( The  foregoing  was  laid  before  the  Governor  on  the  seventeenth 
day  of  April,  1911,  and  after  five  days  it  had  "the  force  of  a 
law",  as  prescribed  by  the  Constitution,  as  it  was  not  returned 
by  him  with  his  objections  thereto  within  that  time.) 

An  Act  relative  to  proceedings  for  punishment  for  C7iap.^S9 

THE   violation   OF   INJUNCTIONS. 

Be  it  enacted,  etc.,  as  foUoios: 

Section  1 .     The  defendant  in  proceedings  for  violation  of  ^r°vio^i™tion 
an  injunction,  where  it  appears  from  the  petition  filed  in  ofinjunc- 
court  alleging  the  violation,  that  the  violation  is  an  act  which 
also  would  be  a  crime,  shall  have  the  right  to  trial  by  jury 
on  the  issue  of  fact  only,  as  to  whether  he  committed  the  acts 


310 


Acts,  1911.  — Chap.  340. 


Not  to  apply 
to  probate 
courts. 

Repeal. 


alleged  to  constitute  the  said  violation,  and  the  said  trial  by 
jury  shall  take  place  forthwith,  and  if  there  is  no  sitting  of 
a  jury  in  the  county  where  the  contempt  proceedings  are  to 
be  heard,  a  venire  shall  issue  to  impanel  a  jury  forthwith. 

Section  2.  The  provisions  of  this  act  shall  not  apply  to 
proceedings  in  the  probate  courts. 

Section  3.  All  acts  and  parts  of  acts  inconsistent  here- 
with are  hereby  repealed. 

Section  4.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  26,  1011. 


Boundary 
line  l)etween 
the  towns  of 
New  Salem 
and  Prescott. 


Cha2),o4:0  An  Act  to  establish  the  boundary  line  between  the 

TOWNS   OF  new   SALEM   AND   PRESCOTT. 

Be  it  enacted,  etc.,  as  fullows: 

Section  1.  The  following  described  line  shall  hereafter 
be  the  boundary  line  between  the  towns  of  New  Salem  and 
Prescott:  —  Beginning  at  a  granite  monument  standing  at 
the  corner  of  the  towns  of  Dana,  New  Salem  and  Prescott, 
in  latitude  forty-two  degrees,  twenty-seven  minutes,  thirty 
and  twenty-one  hundredths  seconds  north,  and  longitude 
seventy-two  degrees,  seventeen  minutes,  fifteen  and  two 
hundredths  seconds  west;  thence  westerly  in  a  straight  line 
about  seven  thousand  five  hundred  and  seventy-five  feet  to 
a  granite  monument  standing  on  the  southerly  side  of  a 
highway  through  the  centre  of  which  the  present  town  bound- 
ary runs;  thence  deflecting  slightly  to  the  right  and  continu- 
ing in  a  straight  line  about  one  thousand  seven  hundred  and 
twenty-five  feet  to  a  point  on  the  easterly  side  of  a  highway 
near  the  Lincoln  place;  thence  northerly  in  a  straight  line 
to  a  point  in  the  easterly  side  of  said  highway  opposite  a 
granite  monument  standing  on  the  westerly  side  of  said  high- 
way, in  the  present  boundary  line;  thence  south  eighty-three 
degrees,  eleven  minutes  west,  true  bearing,  about  one  thou- 
sand three  hundred  and  seventy-six  feet  ]iassing  through  said 
monument  to  a  granite  monument  standing  on  Bials  Hill  at 
an  angle  in  the  ])resent  boundary  line;  thence  north  no  de- 
grees, fifty-six  minutes  west,  true  bearing,  five  hundred  aiul 
seventy  feet  to  a  granite  monument  standing  at  an  angle  in 
the  present  boundary  line;  thence  south  eighty-two  degrees, 
eighteen  minutes  west,  true  bearing,  three  thousand  three 
hundred  and  one  feet  to  a  granite  nKMiuinent  standing  at  a 
junction  of  walls  at  an  angle  in  the  i)resent  boundary  line; 


Acts,  1911.  — Chap.  340.  311 

thence  north  four  degrees,  seven  minutes  west,  true  bearing,  Boundary 
about  five  hundred  and  thirty  feet  to  the  centre  of  a  cross  thetownsof 
road  opposite  a  granite  monument  standing  in  the  present  anTprescStt. 
boundary  line  at  a  junction  of  walls  on  the  southerly  side  of 
said  cross  road ;  thence  westerly  along  the  centre  of  said  road 
about  one  thousand  five  hundred  feet  to  the  westerly  side 
of  the  road  between  North  Prescott  and  New  Salem;  thence 
southerly  in  a  straight  line,  about  two  hundred  and  fifty  feet 
to  a  granite  monument  standing  in  the  present  boundary 
line  on  the  westerly  side  of  the  said  last  named  road ;  thence 
westerly  in  a  straight  line  about  three  thousand  nine  hundred 
and  twenty-five  feet  to  a  point  in  the  present  boundary  line 
four  hundred  and  fifty  feet  southerly  from  the  monument 
in  the  present  boundary  line  on  the  southerly  side  of  the 
highway  and  opposite  the  house  on  the  Waterhouse  place; 
thence  northerly  in  a  straight  line,  about  four  hundred  and 
fifty  feet  to  said  granite  monument  standing  in  the  present 
boundary  line  on  the  southerly  side  of  said  highway  opposite 
the  Waterhouse  place;  thence  westerly  about  eight  hundred 
and  seventy-five  feet  along  the  southerly  side  of  said  highway 
to  the  westerly  side  of  the  "Hunt  Road";  thence  southerly 
about  five  hundred  and  seventy-five  feet  along  the  westerly 
side  of  said  Hunt  Road  to  a  granite  monument  standing  in 
the  present  boundary  line ;  thence  westerly  in  a  straight  line 
about  three  thousand  three  hundred  and  fifty  feet  to  a  granite 
monument  standing  in  the  present  boundary  line,  on  the 
easterly  side  of  a  highway  between  Prescott  and  Cooley- 
ville;  thence  northerly  in  a  straight  line  about  two  hundred 
and  fifty  feet  to  a  point  on  the  easterly  side  of  said  highway, 
opposite  a  granite  monument  standing  in  the  present  bound- 
ary line  on  the  westerly  side  of  the  highway;  thence  westerly 
in  a  straight  line  about  two  thousand  four  hundred  and  fifteen 
feet  passing  through  said  monument  on  the  westerly  side  of 
said  highway  to  a  granite  monument  standing  in  the  present 
boundary  line  in  latitude  forty-two  degrees,  twenty-seven 
minutes,  twelve  and  five  hundredths  seconds  and  longitude 
seventy-two  degrees,  twenty- two  minutes,  fifty-six  and 
ninety-two  hundredths  seconds;  thence  in  the  same  direc- 
tion about  eighty-five  feet  to  the  centre  of  west  branch  of 
Swift  river  at  the  present  corner  of  the  towns  of  New  Salem, 
Prescott  and  Shutesbury. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  27,  1911. 


312 


Acts,  1911.  — Chaps.  341,  342. 


Cha2).'dil  An  Act  relative  to  the  sale  of  cocaine. 

Be  it  enacted,  etc.,  as  folloivs: 


1910,  387, 
§  5,  amended. 


Penalties. 


Section  five  of  chapter  three  hundred  and  eighty-seven  of 
the  acts  of  the  year  nineteen  hundred  and  ten  is  hereby 
amended  by  striking  out  said  section  and  inserting  in  place 
thereof  the  following:  —  Section  5.  Whoever  \iolates  any 
provision  of  the  foregoing  sections  shall  be  punished  by  a 
fine  of  not  less  than  fifty  and  not  more  than  one  thousand 
dollars,  or  by  imprisonment  for  not  more  than  one  year  in 
the  county  jail  or  house  of  correction,  or  by  both  such  fine 
and  imprisonment,  and  whoever  is  found  present  as  described 
in  section  seven  of  this  act  shall  be  punished  by  a  fine  of  not 
more  than  fifty  dollars,  or  by  imprisonment  for  three  months 
in  the  house  of  correction.  Apj^roved  April  27,  1911. 


Construction 
of  garages  in 
the  city  of 
Boston. 


Term 

"  garage ' 

defined. 


Chap.^^2  An  Act  to  regulate  the  construction  of  garages  in  the 

city  of  boston. 

Be  it  enacted,  etc.,  as  follmvs: 

Section  1.  A  garage  hereafter  erected  within  the  fire 
limits  of  the  city  of  Boston  shall  be  of  first  class  construction. 
A  garage  hereafter  erected  in  any  other  part  of  that  city 
shall  be  either  of  first  or  second  class  construction. 

Section  2.  By  the  term  "garage"  is  meant  a  building 
or  that  part  of  a  building  wherein  are  kept  five  or  more  auto- 
mobiles or  motor  cars  charged  with  or  containing  a  volatile 
inflammable  liquid  for  fuel  or  power.  Wherever  hereafter 
any  part  of  an  existing  building  is  converted  into  a  garage, 
the  garage  shall  be  deemed  to  embrace  all  the  building  not 
separatefl  from  the  garage  proper  by  fireproof  construction 
satisfactory  to  the  building  commissioners,  and  such  build- 
ing or  part  of  a  building  shall  be  of  first  class  construction. 

Sp:ction  3.  By  the  term  "volatile  inflammable  licpiid" 
is  meant  any  liquid  that  will  emit  inflanunable  vapor  at  a 
temperature  below  one  hundred  degrees  Fahrenheit,  when 
tested  in  the  open  air. 

Section  4.  The  penalty  for  \iolation  of  this  act  shall  be 
a  fine  of  not  less  than  ton  and  not  more  than  fifty  dollars  a 
day,  so  long  as  the  violation  continues. 

Approved  April  27,  1911. 


Term  "  vola- 
tile inflamma- 
ble liquid  " 
defined. 


Penalty. 


Acts,  1911.  — Chaps.  343,  344.  313 


An  Act  relative  to  the  protection  and  importation  Chap.S'iS 

OF   WILD   TURKEYS. 

Be  it  enacted,  etc.,  as  follotvs: 

Section  1.     It  shall  be  unlawful  prior  to  the  first  day  of  Protection 

o  1*1  •  1  1        1  1    n  >  ^       importa- 

September  ni  the  year  nnieteen  hundred  and  ntteen  to  hunt,  tion  of  wild 
take  or  kill  a  wild  turkey  scientifically  known  as  meleagris 
gallopavo. 

Section  2.     It  shall  be  unlawful  to  import  into  or  to  commis- 
liberate  within  this  commonwealth  any  wild  turkey  which  is  fiXe^ies^and 
infected  with  the  disease  termed  coccidiosis  or  entero-nepatitis,  fssu^p^rLit 
commonly  known  as  "black  head",  or  to  import  any  living 
wild  turkey  except  under  a  special  written  permit  from  the 
board  of  commissioners  on  fisheries  and  game. 

Section  3.     Whoever  violates  any  provision  of  this  act  Penalty, 
shall  be  punished  by  a  fine  of  twenty  dollars. 

Approved  April  21,  1911. 

An  Act  to  authorize  certain  insurance  companies  to  (JJiart  344 
act  as  sureties  in  criminal  procedure. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .  Section  sixty-one  of  chapter  five  hundred  and  ^^^^'  ^J^, 
seventy-six  of  the  acts  of  the  year  nineteen  hundred  and  amended.' 
seven,  as  amended  by  chapter  two  hundred  and  fifty-six  of 
the  acts  of  the  year  nineteen  hundred  and  nine,  is  hereby 
further  amended  by  inserting  after  the  word  "civil",  in  the 
eleventh  line  of  the  first  sentence,  the  words :  —  and  criminal, 
—  so  that  the  said  sentence  will  read  as  follows :  —  A  com-  Sureties. 
pany  organized  under  the  provisions  of  this  act  or  the  cor- 
responding provisions  of  earlier  laws  or  chartered  by  any 
other  state  or  government  to  transact  fidelity  insurance  and 
corporate  suretyship,  and  qualified  to  do  business  in  this 
commonwealth,  may  make  contracts  of  insurance  to  guar- 
antee the  fidelity  of  persons  holding  positions  of  trust  in 
private  or  public  employment  or  responsibility,  and  may,  if 
accepted  and  approved  by  the  court,  magistrate,  obligee  or 
person  competent  to  approve  such  bond,  act  as  surety  upon 
the  official  bond  or  undertaking  in  civil  and  criminal  proced- 
ure of  any  person  or  corporation  to  the  United  States,  to 
this  commonwealth,  or  to  any  county,  city,  town,  judge  of 
probate  and  insolvency  or  other  court,  sheriff,  magistrate 


314  Acts,  1911.  — Chaps.  345,  346. 

or  public  officer,  or  to  any  corporation  or  association  public 
or  private;  and  also  may  act  as  surety  upon  any  bond  or 
undertaking  to  any  person  or  corporation  or  to  the  common- 
wealth conditioned  upon  the  performance  of  any  duty  or 
trust  or  for  the  doing  or  not  doing  of  anything  in  said  bond 
specified,  and  upon  bonds  to  indemnify  against  loss  any  per- 
son or  persons  who  are  responsible  as  surety  or  sureties  upon 
a  written  instrument  or  otherwise  for  the  performance  by 
others  of  any  office,  employment,  contract  or  trust. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  27,  1911. 


Chap.34:5  An  Act  relative  to  the  use  of  headlights  on  the  cars 

OF  street  railway  companies. 

Be  it  enacted,  etc.,  as  follows: 

1906  463  Section  1.     Section  ninety  of  Part  III  of  chapter  four 

§  90  of  Part         iiii.  i  n,  ni  . 

Ill,  amended,  hundred  and  sixty-three  oi  the  acts  oi  the  year  nuieteen 
hundred  and  six  is  hereby  amended  by  inserting  before  the 
word  "fenders",  in  the  second  line,  the  word:  —  headlights. 

Equipment  —  SO  as  to  read  as  follows:  —  Section  90.  A  street  i-ailway 
company  shall  equip  its  cars,  when  in  use,  with  such  head- 
lights, fenders,  wheel  guards,  brakes  and  emergency  tools  as 
may  be  required  by  the  board  of  railroad  commissioners,  and 
said  board  may  modify  its  requirements. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  27,  1911. 


of  street  rail 
way  cars. 


C7iap.3'i6  An  Act  relative  to  the  conveyance  of  property  to  the 

congregational  church  of  NEW^  MARLBOROUGH. 

Be  it  enacted,  etc.,  a^  folloivs: 
Conveyance  Section  1.     Auv   rcligious    socictv    couucctcd    with    tlic 

of  property,  ^^  •  i        -i  "^        i  i»    xt  -h  r     'ii  i 

etc.  ■  Congregational  church  ot  New  i\l  an  borough  may,  at  any 
meeting  called  for  the  purpose,  by  a  majority  vote,  authorize 
one  or  more  persons  in  its  name  and  behalf  to  convey  any 
real  or  personal  estate  belonging  to  it  to  the  said  church, 
and  such  estate  shall  thereafter  be  held  by  the  church  sub- 
ject to  the  same  uses  and  trusts  upon  which  it  was  hold  by 
the  religious  society. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  27,  1911. 


Acts,  1911.  — Chap.  347.  315 


An  Act  to  authorize  the  great  barrington  fire  district  Chap.34:7 
TO  make  an  additional  water  loan  for  the  purpose 

OF  PAYING  CERTAIN  INDEBTEDNESS. 

Be  it  enacted,  etc,  as  follows: 

Section  1.     The  Great  Barrington  Fire  District,  for  the  cfreat  Bar- 
purpose  of  paying  certain  notes  or  scrip  heretofore  lawfully  D?<ftrict 
issued  by  said  fire  district  under  the  provisions  of  chapter  ^ct^of  i9*n' 
three  hundred  and  ninety-six  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-seven,  may  issue  bonds,  notes  or  scrip 
to   an  amount   not   exceeding  forty-five  thousand   dollars. 
Such  bonds,  notes  or  scrip  shall  bear  on  their  face  the  words. 
Great  Barrington  Fire  District  Water  Loan,  Act  of  1911; 
shall  be  payable  at  the  expiration  of  periods  not  exceeding 
thirty  years  from  the  dates  of  issue;  shall  bear  interest,  pay- 
able semi-annually,  at  a  rate  not  exceeding  four  per  cent  per 
annum;  and  shall  be  signed  by  the  treasurer  and  counter- 
signed by  the  prudential  committee  of  said  district.     The 
district  may  sell  such  securities  at  public  or  private  sale 
upon  such  terms  and  conditions  as  it  may  deem  proper: 
provided,  that  they  shall  not  be  sold  for  less  than  their  par  Proviso, 
value. 

Section  2.  The  Great  Barrington  Fire  District  shall,  at  Payment  of 
the  time  of  authorizing  said  loan,  provide  for  the  payment 
thereof  in  annual  payments  of  twenty-two  hundred  and  fifty 
dollars  each,  beginning  in  the  year  nineteen  hundred  and 
twelve;  and  when  a  vote  to  that  effect  has  been  passed  a 
sum  which,  with  the  income  derived  from  water  rates,  will 
be  sufficient  to  pay  the  annual  expense  of  operating  its  water 
works  and  the  interest  as  it  accrues  on  the  said  bonds,  notes 
or  scrip,  and  to  make  such  payments  on  the  principal  as  may 
be  required  under  the  provisions  of  this  act,  shall  without 
further  vote  be  assessed  and  collected  by  said  district  an- 
nually thereafter  in  a  manner  similar  to  that  in  which  other 
taxes  are  assessed,  until  the  debt  incurred  by  said  loan  is 
extinguished. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  27,  1911. 


>f  electric 
meters. 


316  Acts,  1911.  — Chaps.  348,  349. 


Chap.^4:8    An  Act  relative  to  inspection  of  electric  meters. 

Be  it  enacted,  etc.,  as  follows: 

n.ij.i2i.  Section  1.     Section  thirty-six  of  chapter  one  hundred  and 

aineiided.  twcnty-onc  of  the  Revised  Laws  is  hereby  amended  by  strik- 
ing out  the  words  "if  any",  in  the  sixth  Hue,  so  as  to  read 
Inspection  as  follows:  —  Section  36.  A  customer  of  an  electric  h*;hting 
company  or  such  company  may  apply  to  the  board  of  gas 
and  electric  light  commissioners  for  an  examination  and  test 
of  any  meter  in  use  upon  a  customer's  premises.  The  board 
shall  forthwith  cause  to  be  made  by  a  competent  and  dis- 
interested person  such  examination  and  test  of  said  meter 
as  in  the  judgment  of  the  board  is  practicable  and  reason- 
able, and  shall  furnish  to  the  company  and  to  the  customer 
a  certificate  of  the  result  and  expense  thereof.  If  upon  such 
examination  it  appears  that  the  meter  does  not  register  cor- 
rectly, the  board  may  order  the  company  to  correct  or  remove 
such  meter  and  to  substitute  a  correct  meter  therefor.  All 
fees  for  examinations  and  tests  shall  in  the  first  instance  be 
paid  by  the  person  or  company  making  application  therefor; 
but  if  the  examination  or  test  is  made  at  the  request  of  a 
customer  and  the  meter  is  found  to  be  incorrect  because  too 
fast  the  company  shall  pay  such  fees  to  the  board,  to  be 
repaid  by  it  to  the  applicant.  A  meter  shall  be  deemed 
correct  for  the  purposes  of  this  section  if  it  appears  from 
such  examination  or  test  that  it  does  not  vary  more  than  five 
per  cent  from  the  standard  approved  by  the  board. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  27,  1911. 


Chap.H4^9  An  Act  relative  to  electric   light,  heat  and  power 

COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 

Transfer  of  Section  1.     A   corporation   engaged   in   the   business  of 

etc.  '  manufacturing  or  selling  electricity  for  light,  heat  or  power 
shall  not,  without  the  authority  of  the  general  court,  transfer 
its  franchise,  lease  its  works  or  contract  with  any  person, 
association  or  corporation  to  carry  on  its  works,  except  in 
accordance  with  the  provisions  of  chapter  five  himdred  and 
twenty-nine  of  the  acts  of  the  year  nineteen  hundred  and 
eight  and  acts  in  amendment  thereof  and  in  addition  thereto. 
Section  2.     This  act  shall  take  ett'ect  upon  its  passage. 

Approved  April  27,  1911. 


Acts,  1911.  —  Cuaps.  350,  351,  352.  317 


An  Act  relative  to  the  payment  of  indebtedness  of  Chap.'d50 

CITIES  AND   TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  thirteen  of  chapter  twenty-seven  of  f\^-^i^ 
the  Revised  Laws,  as  amended  by  chapter  three  hundred  amended.' 
and  forty-one  of  the  acts  of  the  year  nineteen  hundred  and 
eight,  is  hereby  further  amended  by  inserting  after  the  word 
"debt",  in  the  sixth  Hne,  the  words:  —  so  far  as  issued,  — 
so  as  to  read  as  follows:  —  Section  13.     A  city  or  town.  Proportion- 
instead  of  establishing  a  sinking  fund,  may  vote  to  provide  ^j^p^J'^^^s- 
for  the  payment  of  any  debt  by  such  proportionate  or  other 
annual  payments  as  will  extinguish  the  same  at  maturity, 
but  so  that  the  amount  of  such  annual  payment  in  any 
vear  and  the  whole  interest  of  such  debt,  so  far  as  issued, 
payable  in  the  same  year  shall  not  together  be  less  than  the 
aggregate  amount  of  principal  and  interest  payable  in  any 
subsequent  year,  and  thereupon  such  annual  amount  shall, 
without  further  vote,  be  assessed  under  the  provisions  of 
section  thirty-seven  of  chapter  twelve  until  such  debt  is 
extinguished. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Ajjproved  April  27,  1911. 

An  Act  making  an  appropriation  for  the  Worcester  rjhnyy  351 

POLYTECHNIC   INSTITUTE.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     The  sum  of  fifteen  thousand  dollars  is  hereby  Appropria- 
appropriated,  to  be  paid  out  of  the  treasury  of  the  common-  Worcester 
wealth  from  the  ordinary  revenue,  to  the  Worcester  Polv-  Polytechnic 
technic  Institute,  as  provided  for  by  chapter  nve  hundred 
and  sixty-two  of  the  acts  of  the  year  nineteen  hundred  and 
ten. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  27,  1911. 

An  Act  relative  to  regulations  concerning  the  height  C7iap.352 

AND   WEIGHT    OF   MEMBERS    OF    FIRE   DEPARTMENTS. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.     Chapter  one  hundred  and  ninety-four  of  the  1904, 194, 
acts  of  the  year  nineteen  hundred  and  four  is  hereby  amended  ^  ^'  ''^'''^^^^■ 
by  striking  out  section  one  and  inserting  in  place  thereof  the 


318  Acts,  1911.  — Chai>.  353. 

wei-htof"'^       following:  —  Section    1.     No    regulations    concerning    the 

m<'™^j'''sof       height  or  weight  of  persons  who  shall  be  eligible  to  become 

ments.  members  of  the  fire  department  in  any  city  or  town  shall 

be  made  or  enforced  except  b}'^  the  city  council  of  the  city 

or  by  the  selectmen  of  the  tov/n. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Ajjproved  April  28,  1011. 

Chajy.S^S      An  Act  relative  to  making  returns  of  caucuses. 

Be  it  enacted,  etc.,  as  follows: 

1^105  ^°°'  Section  one  hundred  and  five  of  chapter  five  hundred  and 

amended.  sixty  of  the  acts  of  the  year  nineteen  hundred  and  seven  is 
hereby  amended  by  inserting  after  the  word  "town",  in  the 
third  line,  the  words :  —  or  where  caucuses  are  held  in  one 
precinct  or  by  groups  of  precincts  in  any  ward,  —  so  as  to 
Returns  of  Tcad  as  f ollows :  —  Section  105.  Returns  of  all  caucuses  of 
caucuses,  etc.  pQij^j^.^]  p^irties  at  which  are  made  any  direct  nominations 
for  a  district  comprising  more  than  one  ward  or  town,  or 
where  caucuses  are  held  in  one  precinct  or  by  groups  of  pre- 
cincts in  any  ward,  shall  be  made  according  to  the  provisions 
of  section  one  hundred  and  thirtv-seven.  In  Boston  the 
election  commissioners  and  in  other  cities  and  in  towns  the 
registrars  of  voters  shall  canvass  said  returns  and  determine 
the  results  thereof.  Except  that  for  the  purpose  of  tabulat- 
ing and  determining  the  results  of  all  such  returns  for  mem- 
bers of  the  state  committee  in  the  Suffolk  senatorial  districts 
the  chairman  of  the  election  commissioners  of  the  city  of 
Boston,  the  city  clerk  of  the  city  of  Chelsea,  and  the  town 
clerks  of  the  towns  of  Revere  and  \Yinthrop,  shall  constitute 
a  canvassing  board  for  the  first  district;  the  election  com- 
missioners of  the  city  of  Boston  and  the  city  clerk  of  the 
city  of  Cambridge  shall  constitute  such  board  for  the  second 
and  third  districts;  and  the  election  commissioners  of  the 
city  of  Boston  shall  constitute  such  board  for  the  remaining 
districts.  Said  canvassing  boards  shall  meet  for  such  pur- 
pose at  the  office  of  the  election  commissioners  in  Boston  at 
ten  o'clock  in  the  forenoon  of  the  INIonday  preceding  the  day 
on  which  certificates  of  nomination  for  senator  are  required 
by  law  to  be  filed  with  the  secretary  of  the  conunonwealth. 
Said  canvassing  boards  shall  tabulate  and  determine  the 
results  of  all  such  returns,  and  each  canvassing  board  shall 
certify  to  the  facts  required  by  law.  They  shall  furnish  to 
the  members  of  the  state  committee  elected  in  the  Suffolk 


Acts,  1911.  — Chap.  354.  319 

senatorial  districts  certificates  of  their  election  and  shall  send 
to  the  secretary  of  the  state  committee  of  each  political 
party  the  names  and  residences  of  the  members  of  such  party 
so  elected.  Recounts  of  ballots  shall  be  made  as  provided 
in  section  one  hundred  and  thirty-nine.  In  the  case  of  can- 
didates for  a  state  office  in  a  district  comprising  more  than 
one  ward  and  wholly  within  any  one  city,  the  city  clerk,  or 
in  Boston  the  election  commissioners,  shall  file  in  the  office 
of  the  secretary  of  the  commonwealth  the  certificate  of  nom- 
ination required  by  law.  In  the  case  of  such  candidates  for 
a  district  not  wholly  within  any  one  city  or  town,  each  city 
and  town  clerk  in  such  district,  or  in  Boston  the  election 
commissioners,  shall  file  in  the  office  of  the  secretary  of  the 
commonwealth,  in  the  manner  and  within  the  time  required 
by  law  for  filing  certificates  of  nomination,  copies  of  the  record 
of  votes  for  such  candidates,  and  the  secretary  shall  canvass 
them  and  determine  the  results  thereof. 

Approved  April  29,  1911. 

An  Act  relative  to  tabulating  and  determining  the  Chav.d54: 

RESULTS   OF  CAUCUSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  seventy  of  chapter  five  hundred  §^i^7^o^^^' 
and  sixty  of  the  acts  of  the  year  nineteen  hundred  and  seven  amended, 
is  hereby  amended  by  inserting  after  the  word  ''precincts", 
in  the  second  line,  the  words :  —  or  by  groups  of  precincts  in 
any  one  ward, — so  as  to  read  as  follows:  —  Section  170.  Returns  of 
The  clerk  of  a  city  or  town  wherein  caucuses  are  held  cuses,  etc. 
by  precincts,  or  by  groups  of  precincts  in  any  one  ward, 
immediately  upon  receipt  of  the  returns  from  the  caucus 
officers,  which  shall  be  made  as  provided  in  section  one 
hundred  and  thirty-seven,  shall  tabulate  and  determine  the 
results  thereof,  and  shall  certify  to  the  facts  required  by  the 
following  section,  and  in  accordance  with  the  provisions  of 
sections  one  hundred  and  seventy-one  and  one  hundred  and 
seventy-six,  except  in  cases  where  the  nomination  is  for  an 
office  to  be  filled  by  the  voters  of  a  city  or  town,  in  which 
cases  no  such  certificate  shall  be  required.  The  clerk  shall 
also  issue  proper  certificates  to  the  successful  candidates  and 
notify  the  chairmen  of  the  city  or  town  committees  of  the 
respective  parties  as  to  the  persons  who  have  been  elected 
delegates  to  conventions  and  members  of  ward  and  town 
committees.  Approved  April  29,  1911. 


320  Acts,  1911.  — CiiArs.  355,  356. 


Chap.'iS^^  An  Act  relative  to  the  signing  of  certificates  of  nom- 
ination. 

Be  it  enacted,  etc.,  as  follows: 

i9()7,  560,  Section  one  hundred  and  seventv-one  of  chapter  five  hun- 

amended.  drcd  and  sixtv  of  the  acts  of  the  year  nineteen  hundred  and 
seven  is  hereby  amended  by  inserting  after  the  word  "town", 
in  the  fourth  hue,  the  words:  —  and  except  where  caucuses 
are  held  in  one  precinct  or  by  groups  of  precincts  in  any  ward, 
Certificates  —  SO  as  to  read  as  follows:  —  Section  171.  Every  certificate 
tion!"etc"'^  of  nomination  shall  state  such  facts  as  are  required  by  sec- 
tion one  hundred  and  seventy-five  and  except  in  cases  of 
direct  nomination  for  a  district  comprising  more  than  one 
ward  or  town,  and  except  where  caucuses  are  held  in  one 
I)rccinct  or  by  groups  of  precincts  in  any  ward,  shall  be  signed 
by  the  presiding  officer  and  by  the  secretary  of  the  conven- 
tion or  caucus,  who  shall  add  to  their  signatures  their  resi- 
dences, and  shall  make  oath  to  the  truth  thereof.  The 
secretary  of  the  convention  or  caucus  shall  within  the  seventy- 
two  hours  succeeding  five  o'clock  in  the  afternoon  of  the  day 
upon  which  the  convention  or  caucus  was  held  and  within 
the  time  si)ecified  in  section  one  hundred  and  seventy-seven, 
file  such  certificate  as  hereinafter  ])ro^•ided. 

Approved  April  29,  1911. 

Chai).'S56  An  Act  relative  to  the  hunting  and  possession  of 

QUAIL. 

Be  it  enacted,  etc.,  as  follows: 

fm-Thl^hu'^-         Section  1.     It  shall  be  unlawful  excepting  only  between 
ingand  the  fifteenth  day  of  October  and  the  fifteenth  day  of  Xovem- 

pobsession  o      |^^^^  ^^^.  ^^^^|^  year,  both  dates  inclusive,  to  hunt,  pursue,  take 

or  kill  a  quail  or  to  have  the  same,  or  any  part  thereof,  in 
possession  except  as  provided  in  sections  two  and  three 
hereof;  and  it  shall  be  unlawful  at  any  time  to  take  or  send 
or  cause  to  be  taken  or  transported  beyond  the  limits  of  the 
commonwealth  a  quail  which  was  taken  or  killed  within  the 
commonwealth,  or  to  have  in  possession  (piail  with  intent 
to  take  or  cause  the  same  to  be  taken  out  of  the  connnon- 
wealth,  except  quail  artificially  proi)agate(l  as  provided  in 
section  two  hereof. 
PermiBsion  Section  2.     Upou  application  to  the  boanl   of  connnis- 

granted  for       sioucrs  OH  fisheries  and  game,  written  permission  may  be 


Acts,  1011.  — Chap.  356.  321 

granted  to  any  person  to  engage  in  the  rearing  of  quail  and  |,f'i'7'-J"'f. 
to  dispose  of  the  same  under  such  rules  and  regulations, 
appro\'ed  by  the  go\'ernor  and  council,  as  may  be  made  from 
time  to  time  by  the  commissioners,  and  such  artificially  prop- 
agated quail  may  be  bought,  sold  and  had  in  possession  at 
any  season  of  the  year  for  the  purposes  of  propagation. 

Section  3.  It  shall  be  unlawful  to  buy,  sell,  ofi'er  for  Buying  and 
sale  or  otherwise  dispose  of  at  any  time  a  quail,  or  any  part  quia  pro 
thereof,  whenever  or  wherever  such  bird  may  have  been  taken  hibited. 
or  killed:  provided,  however,  that  a  person,  firm  or  corpora-  Provisos. 
tion  dealing  in  game,  or  engaged  in  the  cold  storage  business, 
may  buy,  sell  or  have  in  possession,  and  a  person  may  buy 
from  such  person,  firm  or  corporation,  and  ma>'  haxe  in 
possession  if  so  bought,  quail  from  the  first  day  of  November 
to  the  first  day  of  January  following,  if  such  quail  or  parts 
thereof  were  not  taken  in  this  commonwealth,  and  were  not 
taken,  killed,  bought,  sold  or  otherwise  disposed  of  or  trans- 
ported contrary  to  the  laws  of  any  state  or  coimtry.  And 
a  person,  firm  or  corporation  dealing  in  game  or  engaged  in 
the  cold  storage  business  may  have  quail  in  possession  in 
cold  storage  for  storage  purposes,  at  any  season,  if  such  quail 
were  not  taken  or  killed  in  this  commonwealth,  and  were 
not  taken,  killed,  bought,  sold  or  otherwise  procured  or  tlis- 
posed  of,  or  transported  contrary  to  the  laws  of  the  state  or 
country  in  which  the  quail  were  taken,  killed,  or  transported; 
pwinded,  however,  that  such  persons,  firms  or  corporations 
shall  have  notified  in  writing  the  commissioners  on  fisheries 
and  game  on  or  before  January  first  in  each  year,  of  the 
species,  number  of  each  species,  and  place  of  storage  of  such 
birds,  and  that  such  birds  are  in  places  and  packages  con- 
venient for  sealing,  and  that  the  packages  are  plainly  marked 
with  the  name  and  number  of  the  birds  therein.  The  com- 
missioners or  their  deputies  shall  then  place  a  seal  upon  all 
receptacles  and  packages  containing  any  species  of  quail. 
The  said  seal  shall  not  be  removed  by  any  person  other  than 
the  commissioners  on  fisheries  and  game  or  their  deputies, 
and  shall  be  removed  by  the  said  commissioners  or  their 
deputies  upon  the  first  day  of  November  of  €ach  year.  The 
packages  so  sealed  shall  not  be  opened  or  removed  from  that 
storage  warehouse  under  a  penalty  of  twenty  dollars  for  each 
bird.  But  any  person,  firm  or  corporation  holding  a  permit 
from  the  commissioners  on  fisheries  and  game  may  bu}', 
sell,  or  have  in  possession  live  quail  for  purposes  of  propa- 
gation within  the  commonwealth,  and  for  no  other  purpose. 


322  Acts,  1911.  — Chap.  357. 

Penalty.  SiXTioN  4.     WlioevoF  violates  any  i)rovision  of  this  act 

shall  be  i)unislie(l  by  a  fine  of  twenty  dollars  for  each  bird 
or  part  thereof,  in  respect  to  which  the  violation  occurs.  The 
possession,  except  as  provided  above,  of  quail  during  the 
season  when  takinjj;,  killing,  or  .sale  is  prohibited  by  law  shall 
be  prima  facie  evidence  that  the  person  luning  possession 
has  violated  some  provision  of  this  act. 

^^^f^^'-  Section  5.     So  much  of  chapter  ninety-two  of  the  Revised 

Laws  as  is  inconsistent  herewith  and  chapter  four  hundred 
and  forty-one  of  the  acts  of  the  j'ear  nineteen  hundred  and 
eight,  and  chapter  two  hundred  and  seventy-two  of  the  acts 
of  the  year  nineteen  hundred  and  nine,  and  chapter  three 
hundred  and  sixty-five  of  the  acts  of  the  year  nineteen  hun- 
dred and  ten,  are  hereby  repealed. 

Approved  April  29,  1911. 

Chap.'']57  An  Act  relative  to  the  dissent  of  stockholders  when 

STREET   RAILWAY   COMPANIES   SELL  THEIR   FRANCHISES  AND 
PROPERTY    OR   CONSOLIDATE   WITH    OTHER    COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 
1906  463,  Section  1.     Section  fiftv-two  of  Part  III  of  chapter  four 

s  '^^^   1  art  ,  '  , 

in, amended,     hundred  and  sixty-three  of  the  acts  of  the  year  nineteen 
hundred  and  six  is  hereby  amended  by  adding  at  the  end 
Consolidation    thcrcof  tlic  followiiig:  —  Whenever  a   street  railway   com- 
wa\  com  '        pany  sells  and  conveys  the  whole  or  a  part  of  its  franchise 
panies,  etc.       ^^^^^i  pj-^^p^.p^y  ^q^  qj,  coiisolidatcs  witli,  any  other  street  rail- 
way c()m{)any,  every  stockholder  of  l)oth  the  purchasing  or 
consolidated  company  and  of  the  selling  company  shall  be 
deemed  to  assent  to  the  terms  of  purchase  and  sale  or  of 
consolidation,  when  approved  by  the  board  of  railroad  com- 
missioners in  accordance  with  any  ])rovisions  of  law  requir- 
ing such  approval,  unless,  within  thirty  days  after  the  date 
of  such  approval,  he  shall  file  with  the  clerk  of  said  board  a 
writing,  declaring  his  dissent  from  said  terms  and  stating 
the  number  of  shares  held  by  him  and  the  number  of  the 
Proviso.  certificate  or  certificates  evidencing  the  same:  provided,  lioiv- 

cver,  that,  as  against  any  stockholder  under  any  legal  in- 
capacity to  act  for  him.self  and  having  no  legal  guardian, 
said  period  of  thirty  days  shall  not  begin  to  run  until  the 
removal  of  such  incai)acity  by  the  ai)i)ointment  of  a  legal 
Valuation         guardian,  or  otherwise.     The  shares  of  any  stockholder  so 
disMnnnK        dissenting,  shall  be  accfuired  by  the  ])urchasing  or  c(ni.soli- 
stmkhoidirs,     (lilted  company,  and  shall  be  valued,  and  the  value  thereof 


Acts,  1911.  — CiiAr.  357.  .'323 

he  paid  or  tendered  to,  or  deposited  to  or  for  the  account  of, 
such  st()ckhol(Jer  in  the  manner  following:  Within  sixty  days 
after  the  filing  as  aforesaid  of  his  dissent  from  the  terms  of 
such  sale  or  eons(jlidation,  the  said  dissenting  stockhoMer 
or  tlie  purchasing  or  consolidated  company  shall  file  a  peti- 
tion with  the  supreme  judicial  court,  sitting  within  and  for 
the  county  in  which  said  stockholder  resides  or  in  any  county 
in  which  said  company  operates  any  part  of  its  railway, 
which  i>etition,  if  filed  \)y  the  company  in  a  county  other 
than  that  oH  the  stockholder's  residence,  may  upon  his  appli- 
cation be  removed  to  the  county  in  which  the  said  stock- 
hoMer resifles,  setting  forth  the  material  facts  and  praying 
that  the  value  of  such  dissenting  stockholder's  shares  may 
be  determined.     Thereupon,  after  such  notice  to  all  parties 
concerned  as  it  may  deem  proper,  said  court  shall  make  an 
order  requiring  such  dissenting  stockholder's  certificate  or 
certificates  of  stocks  to  be  deposited  with  the  clerk  of  said 
court,  and  shall  appoint  three  commissioners  to  ascertain 
anrl  report  the  value  of  such  dissenting  stockholder's  shares 
on  the  day  of  the  approval  by  the  board  of  railroad  commis- 
sioners of  the  terms  of  the  agreement  of  purchase  and  sale 
or  consolidation.     Said   report  shall  be  made  to  the  court 
as  soon  as  is  practicable,  and,  after  due  notice  to  the  parties 
in  interest,  shall  be  accepted  by  the  court,  unless  before 
such  acceptance  either  of  the  parties  to  said  proceefling  shall 
claim  a  trial  by  jury,  in  which  case  the  court  shall  order  the 
value  of  saifl  shares  to  be  tried  and  determined  bv  a  jurv  in 
the  same  manner  as  other  civil  cases  are  tried  in  said  court. 
The  said  commissioners'   report,  or  the  verdict,  when  ac-  commission- 
cepted  by  the  court,  shall  be  final  and  conclusive  as  to  the  beVifrrind" 
value  of  such  dissenting  stockholder's  shares,  and  the  amount  gtc''^''^'*'^^' 
so  ascertained  as  such  value  shall  at  once  be  paid  or  tendered 
to  such  stockholder;  or,  if  such  payment  or  tender  be  im- 
practicable for  any  cause,  shall  be  paid  into  court.     Upon 
such  payment  or  tender  or  deposit,  the  shares  of  such  di.s- 
senting  stockholder  and  the  certificate  or  certificates  thereof 
shall  become  the  property  of  the  purchasing  or  consolidated 
company,  whose  right  and  title  thereto  may  be  enforced  by 
the  court  by  any  appropriate  orrler  or  process.     Exceptions  Exceptions. 
may  be  taken  to  any  ruling  or  order  of  said  court,  to  be 
heard  and  determined  by  the  full  court  as  in  other  civil 
cases;  and  said  court  may  make  all  such  orders  for  the  en- 
forcement of  the  rights  of  any  party  to  the  proceedings,  for 
the  consolidation  of  two  or  more  petitions  and  their  refer- 


324 


Acts,  1011.  — Ciiai>.  358. 


ence  to  the  same  commissioners,  for  the  consolidation  of 
claims  for  a  jury  trial  and  the  trial  of  two  or  more  cases  by 
the  same  jur\',  and  for  the  payment  of  interest  upon  the  \alue 
of  a  stockholder's  share  as  determined,  and  the  payment  of 
costs  by  one  party  to  the  other,  as  justice  and  equity  and  the 
speedy  settlement  of  the  matters  in  controversy  may  require. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  29,  1911. 


1905,  438. 
§  2,  amended. 


Bonds  of 
partnerships, 
associations, 
etc. 


Chajy.^^S  An  Act  to  regulate  the  taking  of  deposits  by  certain 

PERSONS,   PARTNERSHIPS,   ASSOCIATIONS  OR    CORPORATIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  four  hundred  and  twenty-eight  of 
the  acts  of  the  year  nineteen  hundred  and  five  is  hereby 
amended  by  striking  out  section  two,  as  amended  by  section 
two  of  chapter  four  hundred  and  eight  of  the  acts  of  the  year 
nineteen  hundred  and  six,  and  inserting  in  place  thereof  the 
following:  —  Sectioji  2.  Said  bond  shall  be  executed  by  said 
persons,  partnerships,  associations  or  corporations  as  prin- 
cipal, with  at  least  two  good  and  sufficient  sureties  who  shall 
be  residents  and  owners  of  real  estate  within  the  common- 
wealth, or  by  said  persons,  partnerships,  associations  or 
corporations  as  principal  and  a  surety  company  a})proved 
by  the  bank  commissioner.  In  lieu  of  the  aforesaid  sureties, 
the  persons,  partnerships,  associations  or  corporations  may 
deposit,  and  the  treasurer  and  receiver  general  shall  accept 
as  security  for  the  fulfilment  of  the  provisions  of  the  bond, 
money,  bonds  of  the  United  States,  of  this  commonwealth 
or  of  any  municipality  thereof,  or,  if  approved  by  the  bank 
commissioner,  other  bonds,  certificates  of  deposit  issued  by 
a  national  bank  or  trust  company,  or  deposit  books  of  de- 
I)ositors  in  savings  banks  or  trust  companies.  The  money 
or  securities  so  deposited  shall  be  held  on  the  conditions 
specified  in  the  aforesaid  bond.  If  securities  be  deposited 
in  lieu  of  the  aforesaid  sureties  and  be  accepted,  the  treasurer 
and  receiver  general  shall  require  the  depositor  to  maintain 
such  deposit  at  a  value  equal  to  the  amoimt  fixed  as  the  pen- 
alty of  the  bond,  and  he  may  in  his  discretion  j)ermit  the 
substitution  of  securities  for  monev,  or  of  nK)iie\-  for  securi- 
ties,  in  whole  or  in  part,  or  of  money  or  securities  for  any 
sureties,  or  of  a  bond  for  money  or  secin'ities  dept)siteti,  or 
the  withdrawal  of  securities  deposited  and  the  substitution 
of  others  of  equal  value  in  their  place,  and  if  the  total  \  alue 


Acts,  1911.  — Chap.  358.  325 

of  the  securities  becomes  substantially  impaired  he  shall 
require  the  deposit  of  money  or  additional  securities  suffi- 
cient to  cover  the  impairment  in  value.  This  bond  shall 
not  be  accepted  unless  approved  b\'  the  treasurer  and  receiver 
general,  and  upon  such  approval  it  shall  be  filed  in  his  office. 
I^pon  notice  of  such  approval  the  bank  commissioner  shall  T.sR"eof 

.  ,.  j_i         •    •  .1  1  .  license,  eto. 

issue  a  license  authoriznig  the  persons,  partnerships,  asso- 
ciations or  corporations  in  question  to  carry  on  the  aforesaid 
business  for  a  period  of  one  year  from  the  date  of  the  issuance 
of  the  license,  at  a  place  to  be  specified  therein,  and  no  per- 
sons, partnerships,  associations  or  corporations  shall  enter 
into  or  continue  in  the  aforesaid  business  without  such  au- 
thority. The  license  shall  state  the  kind  of  business  which 
the  licensee  is  authorized  to  carry  on,  either  that  of  receiving- 
deposits  of  money  for  safe-keeping,  or  that  of  recei^■ing  money 
for  the  purpose  of  transmitting  the  same  or  equivalents 
thereof  to  foreign  countries,  or  that  of  receiving  deposits  of 
money  for  safe-keeping  and  transmission  to  foreign  countries. 
If  authority  is  therein  given  the  licensee  to  carry  on  the  busi- 
ness of  receiving  deposits  of  money  for  the  purpose  of  trans- 
mitting the  same  or  equivalents  thereof  to  foreign  countries, 
he  shall  pay  for  such  license  an  annual  fee  of  twenty-five 
dollars,  but  if  authority  is  given  to  receive  deposits  of  money 
for  safe-keeping,  or  for  the  purpose  of  safe-keeping  and 
transmission  abroad,  then  an  annual  fee  of  fifty  dollars  shall 
be  paid.  The  license  shall  not  be  transferred  or  assigned.  J^'be^uans* 
It  shall  not  authorize  the  transaction  of  business  at  any  place  fened,  etc. 
other  than  that  described  in  the  license,  except  with  the 
written  approval  of  the  bank  commissioner.  If  authority 
is  given  to  any  licensee  to  transact  the  business  described  in 
the  license  at  more  than  one  place  of  business  the  licensee 
shall  pay  annually  an  additional  fee  of  five  dollars  for  each 
additional  place  of  business  so  authorized.  Immefliately 
upon  the  receipt  of  the  license  issued  by  the  bank  commis- 
sioner, the  licensee  named  therein  shall  cause  the  license  to 
be  posted  and  at  all  times  conspicuously  displayed  in  the 
place  of  business  for  which  it  is  issued,  so  that  all  persons 
visiting  such  place  may  readily  see  the  same.  It  shall  be 
unlawful  for  any  licensee  to  post  the  license  or  to  permit 
the  license  to  be  posted  upon  premises  other  than  those 
designated  therein  or  those  to  w^hich  it  has  been  transferred 
with  the  written  approval  of  the  bank  commissioner,  or 
knowingly  to  deface  or  destroy  any  such  license.  The  money  Money  de- 
and  securities  deposited  with  the  treasurer  and  receiver  gen-  constkufe  a 

trust  fund. 


326 


Acts,  1911.  — Chap.  358. 


Money  de- 
posited to 
constitute  a 
trust  fund. 


1907,  377, 
§  4,  amended. 


eral  as  herein  provider],  and  the  money  whieh  in  case  of 
default  shall  be  paid  on  the  aforesaid  bond  by  any  licensee 
or  the  surety  thereof,  shall  constitute  a  trust  fund  for  the 
benefit  of  such  persons  as  shall  deliver  money  to  the  licensee 
for  safe-keeping  or  for  the  purpose  of  transmitting  the  same 
to  foreign  countries,  and  such  beneficiaries  shall  be  entitled 
to  an  absolute  preference  as  to  such  money  or  securities 
over  all  general  creditors  of  the  licensee.  The  license  shall 
be  revocable  at  all  times  by  the  bank  commissioner  for  cause 
shown,  and  in  the  event  of  such  revocation  or  of  a  surrender 
of  the  license,  no  refund  shall  be  made  in  respect  of  any  license 
fee  paid  under  the  provisions  of  this  act.  Every  license  shall 
be  surrendered  to  the  bank  commissioner  within  twenty-four 
hours  after  notice  in  writing  to  the  holder  that  the  license 
has  been  revoked.  In  case  of  the  revocation  of  the  license, 
the  money  and  securities  and  the  bond,  if  there  be  one,  shall 
continue  to  be  held  by  the  treasurer  and  recei\'er  general  for 
a  period  of  one  year  from  the  date  of  the  revocation  of  the 
license  unless  otherwise  directed  by  the  order  or  judgment 
of  a  court  of  competent  jurisdiction.  ^Vhenever  a  person, 
partnership,  association  or  corporation  shall  be  granted  a 
license  to  carry  on  only  the  business  of  receiving  deposits  of 
money  for  safe-keeping,  or  only  that  of  receiving  deposits 
of  money  for  the  purpose  of  transmitting  the  same  or  eclui^•a- 
lents  thereof  to  foreign  countries,  the  condition  of  the  bond 
requirefl  by  section  one  of  chapter  three  hundred  and  se\enty- 
seven  of  the  acts  of  the  year  nineteen  hundred  and  seven  may 
be  the  faithful  holding  or  repayment  of  the  money  deposited 
or  the  faithful  holding  and  transmission  of  the  money  or 
equivalents  thereof,  respectively,  instead  of  the  condition 
described  by  said  section  one.  "^I'he  sum  of  the  bond  shall  be 
liable  at  any  time  to  be  increased  in  such  amounts  as  shall 
be  shown  by  the  examination  to  be  necessary. 

Section  2.  Section  four  of  chapter  three  hundred  and 
seventy-seven  of  the  acts  of  the  year  nineteen  hundred  and 
seven  is  hereby  amended  by  striking  out  at  the  end  thereof 
the  words  "The  pn)per  charges  incurred  by  reason  of  any 
such  examination  shall  be  paid  by  the  person,  partnership, 
association  or  corporation  concerned." 

Appraved  April  20,  1011. 


Acts,  1911.  — Chaps.  359,  360.  327 


An  Act  relative  to  information  filed  with  the  tax  Chap.i^59 

COMMISSIONER    IN    CONNECTION    WITH    THE    ASSESSMENT    OF 
TAXES    UPON    LEGACIES    AND    SUCCESSIONS. 

Be  it  enacted,  etc.,  as  follows: 
Section  1.     Papers,   copies   of   papers,   affidavits,   state-  Assessment 

,  1         1  •     i>  j'  I  •  1  /Ml        'j-l     of  taxes  Upon 

ments,  letters  and  other  inrormation  and  evidence  iiled  witli  legacies  and 
the  tax  commissioner  in  connection  with  the  assessment  of  si'^f<'*>^"'"«- 
taxes  upon  legacies  and  successions,  except  inventories  filed 
vvitli  the  tax  commissioner  under  the  provisions  of  section 
thirteen  of  Part  IV  of  chapter  four  hundred  and  ninety  of 
the  acts  of  the  year  nineteen  hundred  and  nine,  as  amended 
by  section  five  of  chapter  five  hundred  and  twenty-seven 
of  the  acts  of  the  year  nineteen  hundred  and  nine,  shall  be 
open  only  to  the  inspection  of  persons  charged  or  likely 
to  become  charged  with  the  payment  of  taxes  in  the  case  in 
which  such  paper,  copy,  affidavit,  statement,  letter  or  other 
information  or  evidence  is  filed,  or  their  representatives,  and 
to  the  tax  commissioner,  his  deputy,  assistants  and  clerks 
and  such  other  officers  of  the  commonwealth  and  other  per- 
sons as  may,  in  the  performance  of  their  duties,  have  occa- 
sion to  inspect  the  same  for  the  purpose  of  assessing  or 
collecting  taxes. 

Section  2.     Nothing  in  this  act  shall  be  construed  as  Authority  of 

,.      .   .  ,         1     ,•        •  1  ,1  •  e  supervisors  of 

limiting  the  duties  imposefl  upon  the  supervisors  oi  assessors  assessors  not 
by  section  six  of  Part  III  of  chapter  four  hundred  and  ninety  ''"»'*'''i- 
of  the  acts  of  the  year  nineteen  hundred  and  nine,  or  as  pro- 
hibiting the  use  of  such  papers,  copies,  affidavits,  statements, 
letters  and  other  information  and  evidence  in  legal  proceed- 
ings involving  the  assessment,  collection  or  abatement  of 
taxes. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  29,  1911. 

An  Act  to  incorporate  the  boston  industrial  develop-  (J]i(i,)^^QO 

ment  company. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     George  S.  Smith,  James  A,  McKibben  and  fn^uTtriai 
David  F.  Edwards,  their  associates  and  successors,  are  herebv  peveiopm 

I  .  .,  .,  ipix  i'-L*      Company 


jment 


made  a  corporation  without  capital  stock  for  the  term  of  ten  incorporated. 
years  from  the  passage  of  this  act,  by  the  name  of  the  Indus- 
trial  Development   Comjjany   of   the   Boston   Chamljer   of 


328 


Acts,  1911.  — Chap.  360. 


Proviso. 


Corporation 
may  endorse 
iiotPS,  etc. 

Provisos. 


Bv-lawa. 


Commerce,  for  the  purpose  of  assisting  financially  or  other- 
wise new  and  existing  industries  in  the  commonwealth. 
Except  as  may  otherwi.se  be  provided  herein,  the  said  cor- 
poration shall  have  all  the  powers  and  privileges  and  shall 
be  subject  to  all  the  duties,  restrictions  and  liabilities  set 
forth  in  all  general  laws  now  or  hereafter  in  force  applicable 
to  business  corporations:  provided,  that  nothing  herein  con- 
tained shall  authorize  the  corporation  to  do  any  form  of 
banking  business  or  of  insurance  business,  or  to  act  in  any 
manner  as  a  public  service  company. 

Section  2.  To  carry  out  its  purposes  the  corporation 
may  endorse  notes  of  persons,  partnerships,  voluntary  asso- 
ciations or  corporations,  with  or  without  security:  provided, 
that  the  total  amount  of  notes  so  endorsed  and  outstanding 
at  any  one  time  shall  not  exceed  one  million  dollars;  and 
provided,  further,  that  no  note  for  an  amount  less  than  one 
thousand  dollars  shall  be  endorsed  by  the  corporation.  The 
corporation  may  acquire,  hold  and  sell  such  real  estate  and 
personal  property  as  is  necessary  for  the  conduct  of  its 
business,  provided,  that  it  shall  not  own  at  any  one  time 
real  estate  exceeding  five  hundred  thousand  dollars  in  value. 

Section  3.  The  corporation  may  make  by-laws  not  in- 
consistent with  law  for  the  government  and  regulation  of 
its  affairs  and  may  provide  by  such  by-laws  that  its  member- 
ship may  include  persons,  ])artnerships,  voluntary  associa- 
tions or  corporations.  The  corporation  may,  conformably 
to  its  by-laws,  make  contracts  with  its  members  or  with 
any  other  persons,  partnerships,  vohuitary  associations  or 
corporations,  said  contracts  to  j^rovidc  that  such  members 
or  other  persons,  partnerships,  voluntary  associations  or  cor- 
porations do  guarantee  resjiectivelv'  the  endorsements  of  the 
corporation  to  such  amounts  as  are  stated  in  said  contracts, 
and  the  total  lial)ility  of  any  member  or  of  any  other  per- 
son, partnership,  voluntary  association  or  corporation  for 
the  endorsements  of  the  corporation  shall  be  limited  to  the 
amounts  stated  in  their  respective  contracts.  From  time  to 
time,  as  the  directors  of  the  corporation  may  determine,  the 
corporation  may  i)ay  to  the  jicrsons,  partnerships,  volun- 
tary associations  or  corporations  which  have  made  contracts 
with  it,  according  to  the  ])ro\isions  of  this  section,  any  or  all 
profits  made  by  it  in  the  transaction  of  its  afi'airs.  Ail  the 
books,  accounts,  contracts,  notes,  seciu'ities  and  other  docu- 
ments owned  by  or  in  the  custody  of  the  corporation,  or 
held  by  the  corporation  as  collateral  security  shall  be  oik'Ii 


Acts,  1911.  — Chap.  361.  329 

to  the  inspection  of  the  commissioner  of  corporations  at  such 
times  as  he  may  deem  necessary. 

Section  4.     At  the  expiration  of  this  chaiter,  or  prior  Assets  of 
thereto  if  the  corporation  desires  to  close  its  affairs,  the  assets  to'ife'dts-"'" 
of  the  corporation,  after  the  payment  of  its  debts  and  liabih-  aftahJ^ti^'^''" 
ties,  shall  be  equitably  distributed  among  such  members  and  f'osed. 
other  persons,  partnerships,  voluntary  associations  or  cor- 
porations as  luiA'c  made  with  the  corporation  contracts  of 
guaranty  authorized  by  the  preceding  section. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  29,  1911. 

An  Act  relative  to  cash  surrender  values,  paid-up  (J])(u^  3(31 
insurance   and   extended   insurance   on   prudential 

and   INDUSTRIAL  INSURANCE   POLICIES. 

Be  it  enacted,  etc.,  as  follmvs: 

Section  1.     After  premiums  have  been  paid  for  three  full  fif^l^en^gr 
vears  on  anv  polic\'  of  prudential  or  industrial  insurance,  values,  etc, 

•  1    1  'i  •  p  1  1  •  n  1  1'   01  certain 

issued  by  a  domestic  company,  after  the  thirty -nrst  day  ot  insurance 
December,  nineteen  hundred  and  eleven,  then,  in  case  of  p"'^'**®- 
failure  to  pay  any  subsequent  premium,  the  policy  shall  be 
binding  upon  the  company  from  the  date  of  default,  without 
any  further  stipulation  or  act,  as  extended  term  insurance 
for  its  face  amount,  from  the  date  to  which  premiums  have 
been  paid,  for  such  term  as  will  be  purchased  at  the  attained 
age  of  the  insured  by  a  net  single  premium  which  shall  be  the 
full  reserve  on  the  policy  at  the  end  of  the  last  policy  year 
for  which  the  premiums  were  paid  in  full,  plus  a  proportion- 
ate part  of  the  increase  in  the  reserve  of  the  succeeding  year 
for  each  additional  thirteen  weeks'  premium  paid,  computed 
upon  the  mortality  and  interest  assumption  on  which  the 
company  elects  to  reserve  as  prescribed  by  the  laws  of  this 
commonwealth,  less  an  amount  not  exceeding  two  and  one 
half  per  cent  of  the  sum  insured,  and  less  any  indebtedness 
to  the  company  on  the  policy,  or  secured  thereby. 

Section  2.     After  premiums  have  been  paid  for  five  full  yea^splymem 
years  upon  any  such  policy  of  prudential  or  industrial  insur-  r^R"''*"-^' 
ance,  the  holder  thereof,  in  case  of  any  default  in  the  payment  elect  to  re-' 
of  a  subsequent  premium,  may,  by  writing  filed  with  the  com-  up  p^oHc^ns' 
pany  at  its  home  office,  within  the  term  of  extension  and  not  ^''^• 
later  than  thirteen  weeks  from  the  date  to  which  premiums 
have  been  paid,  elect  in  lieu  of  extended  insurance,  (1)  to 
surrender  the  policy  to  the  company  and  receive  in  exchange 


330  Acts,  1911.  — Chap.  362. 

therefor  a  paid-up  policy  of  not  less  value  according  to  the 
mortality  and  interest  basis  aforesaid,  payable  at  the  same 
time  and  on  the  same  conditions  as  the  original  policy,  or 
(2)  to  surrender  the  policy  with  the  assent  of  the  person  to 
whom  it  is  payable,  and  receive  its  value  in  cash  within  sixty 
days  after  the  demand  therefor,  which  surrender  value  shall 
be  equal  to  the  net  single  premium  computed  in  the  manner 
above  provided  in  the  case  of  extended  insurance.  Any  such 
I)olicy  of  prudential  or  industrial  insurance  which  nnder  the 
provisions  hereof  shall,  after  five  years  from  its  original  date 
of  issue,  become  extended  insurance,  or  a  paid-up  policy, 
shall  have  a  cash  value  which  shall  be  its  net  value  at  the  date 
of  the  application  therefor,  less  any  indebtedness  to  the  com- 
pany then  existing  thereon  or  secured  thereby,  and  which  the 
holder  thereof  may,  with  the  written  assent  of  the  person  to 
whom  the  policy  is  payable,  claim  and  receive  in  cash  witliin 
sixty  days  after  written  demand  therefor. 
Notice  of  Section  3.     Within  ninety  days  after  the  lapse  of  any  such 

policy,  etc.  poHcy  of  prudential  or  industrial  insurance,  on  which  any  of 
the  foregoing  options  have  become  available  and  upon  m  liicli 
settlement  has  not  been  made,  and  which  does  not  contain 
a  table  showing  in  figures  the  extended  insurance,  paid-up 
insurance  and  cash  surrender  values  available  as  herein  pro- 
vided, the  company  shall  send  a  notice  thereof  to  the  last 
known  address  of  the  insured  stating  the  term  of  extension, 
and  the  amount  of  the  paid-up  insurance,  and  the  amount 
of  the  surrender  value.  The  affidavit  of  any  officer,  clerk, 
or  agent  of  the  company,  or  any  one  authorized  to  mail  such 
notice,  that  the  notice  required  herein  was  tluly  mailed  by 
the  company,  shall  be  presumptive  exidence  that  such  notice 
was  duly  given, 
tll'idn  "effect  ^RCTioN  4.     Tliis  act  sliall  take  effect  on  the  thirty-first 

day  of  December  in  the  year  nineteen  hundred  and  eleven. 

Approved  April  J/>,  7/>//. 

Cli(ij)'i\(S'2i  An  Act  to  establish  a  part  of  the  boundary  line  be- 
tween THE  TOWNS  OF   BELMONT  AND  WATERTOWN. 

Be  it  enacted,  dr.,  as  fulloirs: 

Boumiary  SECTION  1.     Thc  followiug  described   line  siiall   hereafter 

Imc  liclween         ,        .  i        i  i  i-  i  i  i-    1 1    i 

the  towns  of      be  ni  part  tlie  boundary  luie  between  the  towns  oi  I)elnu)nt 
Wau'riowi"       and  Watertown:  —  Beginning  at  a  granite  moiunnent  stand- 
ing at  the  western  tenniinis  of  the  southerly  line  of  Bflniont 
street  as  relocated  and  established  b\'  the  count \    connnis- 


Acts,  1911.  — Chap.  363.  331 


sioners  of  the  county  of  Middlesex,  by  their  return  and 
order  made  on  the  fourteenth  day  of  June,  eighteen  hundred 
and  ninety-eight,  and  described  in  chai)ter  three  hundred  and 
seventy-eight  of  the  acts  of  the  year  nineteen  hundred  and 
three;  thence  running  westerly,  following  the  southerly  line 
of  Belmont  street,  as  relocated  by  said  county  commissioners 
bv  their  decree  dated  the  eighteenth  day  of  June,  nineteen 
hundred  and  ten,  to  a  granite  monument  standmg  near  Lex- 
ington street  and  marking  the  southern  terminus  of  the  exist- 
ing line  between  the  towns  of  Belmont  and  Watertown,  and 
thence  running  south  thirty-four  degrees,  thirty-four  minutes 
east,  true  bearing,  twenty-three  hundred  sixty  and  eighteen 
one  hundredths  feet  from  the  corner  of  said  towns  and  the 
citv  of  Waltham.  Said  new  southerly  line  of  Belmont  street 
is  shown  on  a  plan  on  file  in  the  office  of  the  county  commis- 
sioners of  the  county  of  jMiddlesex,  entitled  "  Plan  of  Belmont 
street,  Belmont,  as  ordered  by  the  county  commissioners 
June  18,  1910." 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Aj) proved  April  29,  1911. 

An  Act  to  dissolve  certain  corporations.  C/mj9.363 

Be  it  enacted,  etc.,  as  folloics: 

Section  1.     Such  of  the  following  named  corporations  as  corporations 
are  not  already  legally  dissolved,  are  hereby  dissolved,  sub- 
ject to  the  provisions  of  sections  fifty-two  and  fifty-three  of 
chapter  four  hundred  and  thirty-seven  of  the  acts  of  the  year 
nineteen  hundred  and  three:  — 

A.  Baab  &  Co.,  Incorporated 

A.  F.  Murphy  Die  and  Machine  Company 

A.  G.  Pease  Company 

A.  Guerini  Stone  Company 

A.  H.  Bliss  Company 

A.  H.  Whitney  Association,  Inc. 

A.  M.  Richards  Building  INIoving  Company 

A.  P.  Wentworth  &  Co.,  Inc. 

A.  R.  Cushman  Company 

A.  Shepard,  Inc. 

Acme  Jewelry  Company 

Acme  News  Co. 

Adalian  Oriental  Rug  Company 

Adams  Motor  Transfer  Company 


dissolved. 


332  Acts,  1911.  — Chap.  363. 

d^ved"""  Aetna  Heatin<?  Company 

Aetna  Shoe  Syndicate,  Incorporated 

Aitken  Company,  The 

Aitta  Co-operative  Grocery  Company 

Ajax  Electric  Manufacturing  Co. 

Alberts  Company,  The 

Alden  Bryant  Company 

Alden  Sampson  ■Manufacturing  Co. 

Alexander  Duncan  Co. 

Algonquin  IMotor  Car  Company 

Altshuler  Manufacturing  Company 

American  Canned  Products  Company 

American  Cigar  Company 

American  Coil  Company 

American  Cotton  Company 

American  Drug  Box  Company 

American  Foundry  Company 

American  Live  Poultry-  Co. 

American  Nitrate  Company 

American-Portugues  Merchandise  Comi)any,  The 

American  Poultry  Car  Company 

American  Rusks  Company 

American  Securities  &  Transfer  Company 

American  Steam  Superheater  Companx' 

American  Transportation  Supi)ly  Company 

Amusement  Construction  Company 

Anderson  Textile  Manufacturing  Company 

Angels  Marble  Company 

Applied  Arts  Company,  The 

Apponagansett  Company 

Archibald  Manufacturing  Company 

Arkansas  Trap  Rock  Company 

Arms  Manufacturing  Company,  The 

Arnaldo  Fiasconi  Company 

Arthur  C.  TIarvey  Company,  The  (ISOl) 

Arthur  C.  Stern  Company 

Ascutnev  Lumber  Co.,  The 

Atlantic  Glue  Company 

Atlantic  Machine  Company 

Atlantic  Stove  &  ^Manufacturing  Company 

Atlantic  Tea  Company 

Atlas  -lewclry  Company 

Automatic  Bottle  Blacking  Company 

Automatic  Target  Alley  Conijjany 


Acts,  1911.  — Chap.  3G3.  333 

Automobile  Coaching  Company,  The  Corporatious 

Automobile  Reference  Bureau,  Inc. 

Back  Bav  Medical  and  Turkish  Baths,  Incorporated, 

The " 
Bailey  Automobile  Company 
Balfour  Manufacturing  Company 
Bangs  Peat  and  Coke  Company,  The 
Barkine  Manufacturing  Company 
Bartels-Hyde  Supply  Company 
Bay  State  Art  Company 
Bay  State  Auto  Company 
Bay  State  Brass  Co. 
Bay  State  Caloric  Bath  Company 
Bay  State  Co-operati\e  Bench  Show  Association,  The 
Bay  State  Gas  Company,  The 
Bay  State  Hard  Plaster  Company 
Bay  State  Ornamental  Iron  &  Wire  Works 
Bay  State  Press 

Bay  State  Saw  &  Machine  Company 
Bay  State  Shoe  and  Leather  Company 
Bay  State  Underwear  ^Ifg.  Co. 
Beachmont  Drug  Company 
Beacon  Loan  Company 
Beacon  Park  Amusement  Company 
Beacon  Taxi-Cab  Co. 
Bell  Finding  Company 
Benedict  Specialty  Co. 
Bennett  Bros.  Gas  Engine  Co. 
Bennison  Company,  The 
Berkshire  Baking  Company 
Berkshire  Cycle  &  Automobile  Company 
Berkshire  Manufacturing  Company 
Berkshire  White  Lime  Company 
Bernard  Billings  Company 
Blaney,  Campbell  Company,  Inc. 
Bhss  Manufacturing  Company 
Blue  Ribbon  Laundry  C^ompany 
Boothby  Hospital,  The 

Boston  and  Gloucester  Construction  Company 
Boston  Art  Silver  Plate  Company 
Boston  Auto  Light  Company 
Boston  Automatic  Dish-washer  Company 
Boston  Branch  (Incorporated) 
Boston  Camera  Exchange,  (Inc.) 


334  Acts,  1911.  — Chap.  3(33. 


Corporations  Bostoii  CofYce  Compaiiv 

dissolved.  /  <    "^ 

Boston  (  oked  I  cat  (  ompaiiy 

Boston  Company,  The 

Boston  Co-operative  Flower  Growers  Assoeiation,  The 

Boston  Counter  Company 

Boston-Cranston  Coal  Comj)any 

Boston  Curtain  Mnfg.  Co. 

Boston  Dress  Stay  Company 

Boston  Druggists'  Supply  Company 

Boston  Excursion  Steamship  Company 

Boston  Exploration  Company  (1898) 

Boston.  Garbage  (^an  Company 

Boston  Gas  Light  Company 

Boston  Hardware  Specialty  Co. 

Boston  Herald  Company,  The 

Boston  Hosiery  Comj)any 

Boston  Improvement  Co.,  The 

Boston  Machine  KniFe  Company 

Boston  Paint  Company 

Boston  Railway  News  and  Restaurant  Company,  The 

Boston  Sanitary  Disposal  Company 

Boston  Sculpture  Company 

Boston  Sheepskin  Company 

Boston  Sight  Seeing  Auto  Company 

Boston  Theatre,  The  Proprietors  of  the 

Boston  Trust  Associates,  Incorporated 

Bo.stonian  Amusement  Company,  The 

Bourne  and  Co.,  Incori)orated 

Bowden  Felting  Mills  Company 

Bowman-Carr  Company 

Bright  and  Howes,  Incorporated 

Brightwood  Brick  Company 

Bristol  County  Drug  (A)m])any 

Bristol  County  I^'xpress  Co. 

Broadway  Hardware  Company 

Brockton,  Campello  and  Boston  Express  Coni]>iUiy 

Brockton  Co-operative  Association 

Brockton  Folding  IMachine  Company 

Brockton  National  Shoe  Co. 

Brockton  Storage  Warehouse  Company 

lirookline  (tms  Light  Company 

Brookline  Hardware  Comi)any 

Brown  Mercerizing  Company 

Buena  \'ista  Fruit  Company 


Acts,  liMl.  — Chap.  363.  335 


Bullock  Laundry  Company  Corporations 

Burns  Worcester  Company  dissolved. 

Business  Builder  Publishing'  Company,  The 

Butler  Auto  Supply  Con)])any 

Buzzell  Heat  &  Light  Generator  Company 

C.  A.  C.  Axe  Company 

C.  B,  Williamson  Company 

C.  E.  Ball  Drug  Company,  The 

C.  F.  vSheckleton  Company 

C.  H.  Buck  Painting  Company,  The 

C.  S.  Curamings  Company 

C.  W.  Moore  Leather  Company,  Incorporated,  The 

Cain  Wine  &  Spirit  Company 

Cape  Ann  Granite  Railroad  Company,  The 

Carrael  Tea  &  Coffee  Company' 

Carter  and  Cooley  Company 

Carter  Wooden  Ware  Company 

Caton  Bros.,  Co. 

Cavanaugh  Company 

Celt  Publishing  Company,  The 

Central  Express  Company 

Central  Inter  State  Express  Company 

Champion  Igniter  Company 

Chapman  Trap  Nest  Comjiany 

Charles  B.  Barnard  Company 

Chas.  C.  Phillips,  Incorporated 

Chas.  E.  Hall  Co. 

Charles  River  Garage  Company 

Charles  River  Power  Company 

Charles  Waugh  Company 

Cheewawbeek  Farm,  Incorporated 

Chelsea  Distributing  Company 

Chelsea  Moulding  Company 

Chester  S.  Morrison  Co. 

Churchill  Company,  The 

Citizens'  Inter-State  Express  Company 

Cleav^eland  Securities  Company 

Clemson-Bailey  Company 

Cobb-Eastman  Company,  The 

Cochituate  Oil  Proof  Co. 

Coin  Control  Scissors  Sharpening  Company,  The 

Collins  Drug  Company 

Colonial  Furniture  Company,  The 

Coman  Drug  Company,  The 


a3G  Acts,  1911.  — Chap.  3(33. 

Coiporatious  Commonwealtli  Motor  Cur  Companv 

dissolved.  i.i       i     /^  r-        ^ 

C  oiicrete  lower  IJlock  (  oinpaiiy 

Coney  Island  Motor  Boat  Company 

Consolidated  Cranberry  Company,  The  (19(11) 

Consolidated  (ias  Ineandescent  Light  Company 

Consumers  (ias  Coni])any  of  Boston 

Consumers  I  niversal  Suj^ply  Company 

Continental  Waste  Company,  Incorporated 

Cook-Perkins  Tack  Company 

Coolidge  Refrigerator  and  Car  Company 

Co-operative  Candy  Company 

Co-operative  Coal  &  Wood  Company,  The 

Co-operative  Loan  Company,  The 

Co-operative  Realty  Company 

Co-Op.  Stain  and  Blacking  Comj)any 

Corperdix  Paper  Tube  Company 

Costello-Linsky  Company 

Cotter's  Express  Corporation 

Craftsman  Press,  Inc. 

Craig  and  Craig  Company 

Crescent  (jardens  Amusement  Company 

Crowell  Cold  Storage  Company 

Crowell,  Goldsmith  &  Knox,  Incorporated 

Crown  Hair  Cloth  Company,  "  Incor]x)rated ' 

Crown  Hat  Fastener  Company 

Crystal  I>ake  Farm  Dairy  Co. 

Crystal  Sweet  Company 

Cullen  Horseshoeing  Company 

Currier  and  Campion  Company 

Cushman  Motor  Company 

Cut  Price  (loak  Company 

Cyrus  T.  Clark  Company 

I).  R.  Jones  Company 

Daly  Luncheon  Company,  Tlie 

] )aniels-(ileason  Conij)any 

Danvers  Carriage  Company 

Davis  Interstate  Express  Comi)any 

Dawson  Manufacturing  Company 

Dawson's  Express  Company 

De  Forge-Le  Colst  Shirt  Company 

Delta  Mining  Company 

Dennis  &  Scott,  Inc. 

Detachable  Twin  Rubber  Heel  Company 

Dinsmore  Express  Company 


Acts,  1911.  — Chap.  ;K)3.  337 

Disappear!  11  <j;  Window  Screen  Company,  The  Corpora  (ions 

-r>..  V-i  I         1   /^-i  1-        "  dissolved. 

Dizer-(  opelaiKl  (  ompany 

Dr.  Reed  Cushion  Shoe  Company  (Incorporated) 

Dodge  Sander  Company,  The 

Don  Shoe  Company 

Dorchester  Gas  Light  Company 

Double  Weather  Strip  and  Sash  Adjuster  Comi)aiiy,  The 

Douglas-Crawford  Press,  The 

Dover  Express  Company 

Dunn  &  Co.,  Inc. 

Dunster  Cafe  Company 

Duplex  Sheet  and  Plate  Company 

Durant  Company 

Dyer  Axle  Lock  Nut  Company 

E.  A.  Smith  Company,  Inc. 

E.  C.  Bliss  Manufacturing  Company 

E.  D.  Shadduck,  Incorporated 

E.  F.  McLean  Company 

•E.  L.  Wood  Box  Company,  The 

E.  M.  Phillips  Lumber  Co. 

E.  W.  Sprague  &  Co.,  Inc. 

Ease  Company,  The 

East  Boston  IManhattan  Market  Company 

East  Gloucester  Ferry  Company 

East  River  Engineering  Company 

Eastern  Avenue  Coal  Company 

Eastern  Casing  Company 

Eastern  Chicle  Company 

Eastern  Drafting  Co. 

Eastern  Dress  Goods  Company 

Eastern  Hotel  Company 

Eastern  Pneumatic  Tire  Company 

Eastern  Powder  Company 

Eastern  Rag  and  Metal  Company 

Eastern  Webbing  Company 

Eastern  Worsted  Company 

Easton  Company,  The 

Edgartown  Hotel  Company 

Edward  HeflFernan  Company 

Edw^ardes  and  Mitchell  Electric  Company 

Eisenberg  Iron  and  Metal  Company,  Incorporated 

Electrical  Advertising  Company 

Electrical  Construction  Compau}',  The 

Elizabeth  Poole  Mills 


338  Acts,  1911.  — Chap.  363. 

Corporations  Y,\\[^  ^  Harris  Company 

dissolved.  1        J 

hliner  A.  ixore  (  ompany 
Elmwood  Pharmacy,  Incorporated,  The 
Emery  Bemis  &  Co.,  Inc. 
F>mpire  Freezer  and  CooHng  Co. 
Empress  Ciirtani  Mills  Company 
Enterprise  Specialty  Manufacturinji;  Company,  The 
Enterprise  Transportation  Company 
Eqnitable  Supply  Company 
Erickson  Electric  Equipment  Company 
Essex  Inter-State  Express  Company 
Essex  Supply  Company 
Euclid  Tailor  Parlors,  Inc. 
Eureka  Leather  Company 
Eureka  Manufacturing  Company 
Eureka  Oil  Company 
European  Tobacco  Company 
Evans  Slate  Company 
Everett  Gas  Company 
Everett  H.  Davis  Company 
Everett  Independent  Publishing  Company 
Excel  Leather  Company,  The 
Excelsior  Inter-State  Express  Company,  The 
Excess  Indicator  Company 
F.  A.  Bassette  Company,  The 
F.  E.  Cottle  Company 
F.  P.  Baker  Moulding  (^ompany,  The 
Fairmount  Interstate  Express  Company 
P^iirmount  Park  and  Hotel  Company 
Falkson  Cohen  Company 
Falvey  Brothers  Company 
Farnum-IIanscom  Company,  The 
Faulkner  P^xpress  Company 
Finnish-American  Trading  Co. 
Fitchburg  Granite  Com])any,  The 
Fitchburg  Mamifacturing  Company 
Fitzgibbon  JNIica  Company 

Fitzgerald  Transportation  and  Storage  Warehouse  Com- 
pany 
Flanders  Company 
Flashman  Bros.,  Inc. 
Folsom  Tea  Co. 

Forest  Lumber  and  Mamifacturing  Co. 
Frank  Tenney  Com])any,  The 


Acts,  1911.  — Chap.  IM)S.  339 

Franklin  Press,  Incorporated,  The  Corporations 

Franklin  Remedy  Company 

Franklin  Square  Garage  Co. 

Frederick  W.  Rodgers  Company,  Inc. 

Frederick  W.  Storck  Company 

Fredrik  Peterson  Co. 

Freeman  Brothers  Company 

French  American  Supply  Association 

French  Carriage  Company,  The 

French  licather  Novelty  Company 

Fuller  Company,  The 

Fuller  Shoe  Company,  The 

G.  Fleury,  S.  Wienert  and  Company,  Inc. 

G.  N.  Pilalas  and  Company,  Incorporated 

G.  S.  &  A.  J.  Howe  Company 

Galusha  Gas  Power  Co. 

Gardella  Express  Company 

Geisel  Automobile  Station,  Incorporated 

General  Automobile  Company 

George  A.  Howe  Co.,  The 

George  Close  Company,  The  (1897) 

Geo.  D.  Jewett  Bag  Company,  The 

George  F.  Mooney  Company 

George  H.  Sibley  Company 

George  L.  Kerr  Co. 

George  Martin  Confectionery,  Inc.,  The 

George  R.  Rucker  Company 

George  S.  Tarbell  Company 

Gilman  School,  Incorporated,  The 

Gilman  Talc  Mines  (Incorporated) 

Gilmore  Brick  Company 

Globe  Mattress  Manufacturing  Company 

Gloucester  Interstate  Express  Co. 

Golden  Sheaf  Mining  and  Milling  Company 

Golden  West  Cafeteria  Company,  The 

Gordon  Automobile  Supply  Comi)any 

Grafton  Inter-State  Express  Company 

Grange  Publishing  Company,  The 

Granite  Wharf  Marine  Railway 

Greater  Boston  Illuminating  Company 

Green  Mountain  Lumber  Company 

Greene  Shoe  Company 

Groton  Ice  Company 

Grout  Bros.  Automobile  Company 


MO 


Acts,  1911.  — Chap.  3(33. 


Corporations 
dissolved. 


Grover  Drug  Company 

(luaranty  Trust  of  Boston  (Inc.) 

Gulliver  Lacing  Stud  Company 

Guptill  Company,  The 

H.  C.  &  C.  D.  Castle  (Incor])orated) 

H.  F.  Keyes  Wagon  Company 

H.  V.  Lewis  Leather  Company 

Hall  and  Hancock  Company 

Hall-Bardwell  C^o. 

Ham  &  Carter  Company 

Ham  &  Carter  Co.,  Inc. 

Hamilton  Life  Preserver  Company 

Handicraft  Shop,  The 

Hanover  Printing  Co. 

Hanson  Gas  and  Electric  Company 

Harding  Knitting  Com])any 

Harmon  Loan  &  Securities  Co. 

Harriman  Webbing  Company 

Harry  ^L  Farnam  Company 

Hartland  Lumber  Co.,  The 

Harvard  Correspondence  Schools,  Inc. 

Harvard  Ice  Cream  Cone  Company,  The 

Harvey  C.  Wheeler  Company 

Hastings  Wharf  Company 

Hatch  Express  Company 

Haymarket  Construction  Company 

Hendee  Manufacturing  Company  (1898) 

Henderson  Trapocrete  Company. 

Henneman  Coffee  Roaster  Co. 

Hercules  Tire  Company 

Hewett  Lunch  Co. 

Hewitt  Express  Company 

Highland  Foundry  Comj)any  (1876) 

Holland  Box  Company 

Holla  11(1  Electric  Company 

Hoine  Culture  Club 

Home  Securities  Comjjany 

Homer  Emerson  Company,  The  (1 !)()")) 

Horace  K.  Turner  Corporation 

Houghton  Web  Co. 

Howard  Moving  Picture  Company,  The 

Howe  Paint  vie  Color  Works 

Hudson  Inter-State  Express  (\)mpany 

Humane  Horse  Iviuipment  Company 


Acts,  1911.  — Chap.  363.  341 

Hunt  Leather  Goods  Co.  Corporations 

Hunt  Manufacturing  Company 

H^genia  Brush  Company  (1909) 

Hyland  Mattress  Co.,  Incorporated 

Imperial  Shoe  Manufacturing  Co. 

Incorporated  Law  Association,  The 

Independent  Cash-Carrier  Company 

Independent  Cloak  Company 

Independent  Grocery  Corporation 

Independent  Inter-State  Express  Company 

Inn  Company 

International  Manufacturing  Company 

International  Seed  and  Bulb  Supply  Company 

Interstate  Express  Co.  of  Fall  River,  The 

Investment  Corporation,  The 

J.  A.  Cloutier  Co. 

-J.  B.  Raymond  Company 

J.  Brest  Company 

J.  E.  Hill  Company,  The 

J.  F.  Wright  Shoe  Company,  The 

J.  G.  Phinney  Counter  Co. 

J.  H.  Williams  Wall  Paper  Company,  The 

J.  Holbrook  &  Sons  Company 

J.  J.  Slattery  Company 

J.  ]\I.  Howard  and  Son  Company 

J.  P.  Cunningham  Company.  Incorporated 

J.  S.  Nelson  &  Son  Shoe  Company 

J.  Shlain  Company 

J.  T.  Saunders  Company 

J.  W.  Griffin  Company 

J.  W.  Moore  Company,  The 

Jackson  Automobile  Company  of  Boston 

Jackson  Patent  Shell  Roll  Corporation,  The 

Jackson  Wire  Mfg.  Co. 

Jamaica  Plain  Gas  Light  Company 

James  Flynn  Architectural  Iron  Works  Company 

James  H.  Whittle  Company 

James  X.  Stuart  Co. 

James  Tucker  Company 

James  Wheelock  Home  for  Little  Strangers,  The 

Jarvis  Engineering  Company  (1883) 

Jersey  Cloth  Company,  The 

John  E.  Sullivan  Shoe  Company 

John  R.  Poole  Company 


342  Acts,  1911.— Chap.  3G3. 

Corporations  Johnson  Milling  Company 

Johnston  ik  Lindsay  Inc. 
Jones  Law  ( 'orporation 
Jordan  and  Bradley  (Inc.) 
Jules  &  Frederic  Company 
K.  &  T.  Manufacturing  Company,  Incorporated 
K.  G.  Laham  &  Company,  Inc. 
Karnak  Chemical  Company 
Keilty  Company,  The 
Kent  Street  Laundry  Company 
Kerr-Stockbridge  Company 
Kettelle  School  of  Arts  and  Industries,  Inc.,  The 
Kettle  Brook  Stone  Company 
Kiernan  IVIanufacturing  Company,  The 
Kingman  Shoe  Company 
Kline  Kar  Automobile  Company 
Kline-Richards  Company 
Knowlton  Packing  Company  (Incorp.) 
L.  Erikson  Electric  Company 
L.  M.  Bowes  Company  (1904) 
L.  M.  Glover  Co. 
L.  R.  Sweatland  Company,  The 
Lafayette  Express  Company 
Lake  Pleasant  Hotel  Corporation 
Lambros  Amusement  Company 
Laurel  Lake  Hotel  Company' 
Lawrence  Athletic  Association 
Lawrence  Coal  Company 
Lawrence  INIachine  Company  (ISSO) 
Le  Baron  Foundry  Company 
Leominster  Company,  The 
Leonard  Thompson  Coal  Co. 
Liberty  Manufacturing  Co.  Inc. 
Liberty  Tobacco  Company 
Lincoln  Trust  Corporation 
Lion  Drug  Company 
Listed  Securities  Corporation 
Lister-Noble  Roller  Company 
Logan,  Swift  and  Brigham  Envelope  Company 
London  Shop,  Inc. 
Loring  Speed  (lauge  (^o. 
Lothrop  and  Walker  Company 
Lott-English  Furniture  Company 
Loveland  Shoe  Company,  The 


Acts,  1911.  — Chap.  3G3.  343 

Lowell  Baseball  Association  Corporations 

T  II  Ti      •       u   /">  dissolved. 

Lowell  laxicab  C  ompany 
Lozier  Sales  Company  of  Boston 
Luce  Law  Corporation 
Ludlow  Cooperative  Company 
Lvnde  Brothers  Box  Co. 

« 

Lynn  Union  Co-operative  Bakery,  Inc. 
M.  I).  Vaughn  Company 
M.  Goldenberg  Company 
M.  L.  Morton  Company 
M.  M.  Barry  Co. 

MacDonald  Manufacturing  Company 
Machine-Molded  Brass  Casting  Company 
Maclean  &  Power,  Incorporated 
Mac  Lillie  &  Co.  Inc. 
Majestic  Coffee  Mills 
Maiden  Co-operative  Express  Company 
Manley  Company,  The 
Mansion  Inter-State  Express  Company 
Manufacturers'  Sample  Shoe  Co. 
Marlboro  Base  Ball  Association 
Marshall  Machine  &  Pattern  Company 
Martell  Motor  Car  Company 
Martin  Iron  Works,  The 
Marx  Pianophone  Company 
Massachusetts  Banking  and  Mortgage  Company 
Massachusetts  Brick  Company 
Massachusetts  College  of  Commerce,  Incorporated 
Massachusetts  Cotton  Yarn  Company 
Massachusetts  Law  and  Adjustment  Company 
Massachusetts  Magnetic  and  Botanic  Institute,  Incor- 
porated 
Massachusetts  Pipe  Line  Gas  Company 
Massachusetts  Securities  Company 
Massachusetts  Steel  Casting  Company 
Maver  &  Mack  Amusement  Co. 
Mayflower  Worsted  Mills 
McCahill  Soda  Fountain  Company 
McDonakl-Murphy  Company,  Incorporated 
McGinniss  Company,  The 
McWeeny  Dry  Goods  Co.,  The 
Mechanics  Loan  Co.,  The  (1S98) 
Mellen  Express  Company 
Melzer-Miller  Manufacturing  Company 


M4:  Acts  1911.  — Chap.  m\. 

dSved.""'  Menashi,  Khoiiry  Company,  The 

JVlercantile  ^Monthly  Company,  The 

jMercantile  Trade  Exchange,  Inc. 

Merchant's  Inter-State  Express  Company 

Mercliants  Mill 

Merchants  Salvage  and  Adjustment  Company,  The 

]\Ierchants  Transfer  Co. 

]Metropolitan  Color  Printing  Company 

iVIiddlebury- Vermont  Marble  Company 

Middlesex  Building  Company 

Milford  Steam  Heat,  Power  and  Refrigeration  Company 

Milford  Stone  Company,  The 

Millbury  Electric  Company 

Military  Press  Association 

Millen  &  Bailey,  Incorporated 

Miller,  Eranklin  &  Stevenson  (Inc.) 

Milton  Polished  Cast  Stone  Company 

jMinard  Engraving  (^ompany 

Miracle  Stone  Company  of  Brockton 

Modern  Foundry  Company 

Modern  Inter-State  Express  Company 

Modern  Motor  Manufacturing  Company 

IMoist-Proof  Concrete  Block  Company 

INIonarch  Sales  Comjiany 

Monitor  ^Manufacturing  Company 

Morcombe  Construction  Company,  The 

Moretown  Tale  Co. 

Morgan  Envelope  Company,  The 

INIorgan  Motor  Company 

INIorrison  C^ompany,  The 

]VIost  Famous  Publishing  Company,  The 

Motor  Transportation  Company 

Mrs.  Wilson,  Incorporated 

INIvstic  Lumber  Company 

N.'M.  Quint  Co. 

N.  Richardson  Sons  Manufacturing  Company 

Nantasket  Amusement  Company 

Nantucket  Gas  and  Electric  Comj)any 

Nashua  Publishing  Company  (Inc.),  The 

Natick  and  Xccdham  Street  Railway  Company 

National  Art  Metal  Company 

National  Dock  and  Warehouse  Company 

National  Electric  Heating  Company 

National  Electric  Manufacturing  Comi)any 


Acts,  1911.  — Chap.  363.  345 

National  Fruit  Products  Company,  The  Corporations 

National  Fur  Company,  The 
National  Hat  &  Cap  Co.,  Inc.,  The 
National  Hotel  Company,  The 
National  Ice  Co. 

National  Inter-State  Express  Company  of  Westboro,  The 
National  Machine  and  Engine  Company 
National  Nitro-Culture  Company 
National  Shoe  Stores,  Inc. 
National  Soda  Fountain  Company 
National  Theatrical  Booking  Association 
New  Bedford  &  Providence  Express  Co. 
New  Bedford  Baseball  and  Athletic  Association 
New  Bedford  Cranberry  Company 
New  Bedford  Express  Co. 
New  England  Chemical  Co. 
New  England  Cigar  Box  Company 
New  England  Coal  Company  (1904) 
New  England  Dyna-Battery  Company 
New  England  Fenestra  Company 
New  England  Fire  Proofing  Corporation 
New  England  ^Manufacturers  Association  (1903) 
New  England  Manufacturers  Association  (1906) 
New  England  Motor  Company,  The 
New  England  Portrait  Company 
New  England  Potato  Association 
New  England  Publicity  Bureau,  Inc. 
New  England  Publicity  Company 
New  England  Sales  Company 
New  England  Steel  Casting  Company 
New  England  Tobacco  Company 

New  England  Waste  Cleaning  and  Oil  Extracting  Com- 
pany 
New  Home  Sewing  Machine  Company  (1809) 
New  Marshall  Engine  Company,  The 
Newbury  Stable  Company 
Newburyport  Amusement  Company 
Newman  the  Shoeman,  Incorporated 
Niles  and  Onthank  Provision  Company 
Niola  Mining  Company,  Limited 
Nodekay  Products  Company 
Nonpareil  Athletic  Club 
Normandin  Clothing  Company 
North  Adams  Print  Works 


34G  Acts,  1911.  — Chap.  363. 


Sh-ed"'"'  Norton  Door  Check  Co. 


Norwood  Light  &  Power  Company 

Nousu  Co-operative  Store  Company 

Nuidea  Enterprises,  Inc. 

O.  P.  Shattuck  &  Son  Company 

Oak  Hall  Clothing  Company 

Oak  Hill  Nurseries 

Oak  Island  Grove  Company,  The 

Oakbirch  Park  Corporation 

Old  Colony  Light  Company,  The 

Old  Corner  Pharmacy,  Inc.,  The 

Old  Hickory  Mining  Company 

Oldrich  Paint  &  Chemical  Company 

Olive  Branch  Shoe  Corporation 

Opportunity  Press,  Inc. 

Original  Boston  Automatic  Lunch  Company 

Ossipee  Granite  Company 

Ozark  Live  Stock  Company 

P.  J.  Evans  Co. 

Park  Outfitting  Company,  Inc. 

Park  Square  Amusement  Co. 

Parry-Boston  Company,  The 

Pastime  Amusement  Company,  Incorporated,  The 

Paul  System  Company 

Peabody  Granite  Company 

Peabody  Publishing  Company 

Peabody  Supply  Company 

Peabody  Suspender  Trimmings  Co. 

Peerless  Leather  Goods  Comi)any 

Peoples  Coal,  Ice  and  Lumber  Company 

Peoples  Combination  Clothing  Company 

People's  Law  Firm,  Incorporated 

People's  Legal  Company 

Pepsi-Cola  Bottling  Co.  of  New  England 

Perfection  ^Manufacturing  C()nii)any 

Peru  Lumber  (^ompany 

Phoenix  Interstate  Express  Company 

Photo  Supply  Company 

Pieced  Stay  Machinery  (^omi)any 

Pilgrim  Foundry  Comi)any 

Pilgrim  Rubber  (^onii)any,  'I'he 

Pilot  Garage  and  Suppl\'  Company 

Plaisir  Theatrical  (\)mpany 

Plymouth  Press,  Incorjjorated,  The 


Acts,  1911.  — Chap.  3G3.  347 

Poole  and  Price  Machine  Company  Corporations 

Poseidon  Arms  Hotel  Company,  The 

Potter  INIaniifacturing  Company,  The 

Preece  Amusement  Company 

Press  of  the  World  Publishing  Company 

Price  Drug  Company 

Providence  Inter-State  Express  Company,  The 

Publication,  Research  and  Trading  Company,  The 

Puritan  Fastener  Company 

Puritan  Theatre  Company 

Purity  Publishing  Company 

Putnam  Investment  Company 

Putnam  Motor  Mfg.  Co. 

Putnam  Wharf  and  Storage  Realty  Company 

Quality  Polish  and  Dressing  Company 

Quincy  Gas  Light  Company 

R.  &  H.  Manufacturing  Company 

R.  D.  Smith  Co. 

R.  E.  Stocking  Shipping  Company,  The 

R.  H.  Long  Shoe  Manufacturing  Company 

R.  H.  Smith  Manufacturing  Company,  The  (1884) 

Rapid  Transit  Inter-State  Express  Company 

Ray-Lawson  Granite  Co. 

Rayner's  Lunch  Company 

Ray's  Inter-state  Express  Company 

Red  Cross  Chlorides  Company 

Red  Dragon  Company,  The 

Reed  and  Goldings  Company 

Regal  Comb  and  Novelty  Company,  Inc. 

Reilly  Transportation  Company 

Reith  &  Wesner  Company 

Reliable  Manufacturing  Company 

Remkol  Company 

Revere  Beach  Merry-Go-Round  Company,  The 

Revere  Drug  Company  » 

Revere  Roller  Coaster  Company,  The 

Revere  Rubber  Company 

Reynolds  Machine  Company 

Reynolds  Sponge  Company 

Richard  L.  Bowser  Company 

Richard  Smart  Carpet  Cleaning  Co. 

Riddle  Company,  The 

Riverdale  Mills,  The 

Rockdale  Concrete  Company 


348  Acts,  1911.  — Chap.  363. 

S.3ved'""'  riose  Publishing  Company 

Rotary  Labeling  Machine  Selling  Company 
Roxbury  Gas  Light  Company 
Royal  Standard  Slate  Co. 
Royal  Textile  Company,  The 
Rufus  Crowell  Company 
Russell  Limiber  Company 
Ruth  Manufacturing  Company 
S.  A.  Shurtlefi"  Company 
S.  Goldberg  Company 
S.  J.  Todtman  Company 
S.  Shapiro  Company 
Salem  Barrel  Company 
Salem  Box  Company,  The 
Salem  Dispatch  Company,  The 
Salem  Kosher  ]Meat  Co. 
Salt  "O"  Nut  Company 
Sampson  Press,  Inc.,  The 
Sanford  Mills  Company 
Sanitary  Laundry  Company 

Santa  Catarina  Mining  and  Milling  Company  of  Massa- 
chusetts 
Sargent  Ice  Company 
Scandia  Corporation,  The 
Scherrer  Manufacturing  Company 
Schubert  Cigar  Company 
Seamans  &  Cobb  Company 
Sears  Shoe  Company 
Securities  Holding  Company 
Security  Express  (^omjiany 
Shawmut  Finishing  Company 
Sheafe  Manufacturing  Co.,  The 
Sherry  Shoe  Company 
Shoe  City  Interstate  Express  Company 
Sholer  Business  Building  Service,  Inc.,  The 
Shore  Lino  Inter-State  Express  Company 
Shove  and  (iage  Company 

Shredded  Leather  Manufacturing  Company,  The 
Smalley  Jar  Company 
Smith  Countershaft  Company,  The  (11)01) 
Smith-Julian  Company 
Smith,  Mullikcn  ( "o. 
Somcrville  Sun  Pnblisiiing  Com])an\' 
Souhegan  \'allcy  Poultry  b'arni  ('onij)any 


Acts,  1911.  — Chap.  ;36;3.  M9 

South  Boston  Gas  Light  Company    '  Oorpoiations 

South  Framingham  Inter-State  Express  Company,  The 

South  Middlesex  Street  Railway  Company 

Sprague  Marsh  Electric  Company 

Springfield  Cotton  Fabrics  Company 

Springfield  Feldspar  Company 

Springfield  Flour  &  (Jrain  Company 

Springfield  Lock  Nut  and  Washer  (\)mpany 

Springfield  Printing  and  Binding  Company 

Springfield  Shoe  Repairing  Company 

Squires  Manufacturing  Company 

Standard  Brick  Company,  The 

Standard  Emery  k  Polishing  Wheel  Company  (1905) 

Standard  Express  Co. 

Standard  Kitchen  F'urnishings  Company 

Standard  Soap  Works 

State  Supply  Company 

Staten  Company,  The 

Stopford  and  Dodge  (^ompany 

Stoughton  Mills,  Lie. 

Stovnic  ]\Ianufacturing  Company 

Stranahan  Eldridge  Company 

Suburban  Concrete  Block  Company 

Suburban  Light  and  Power  Company 

Suffolk  Building  Company 

Suffolk  Distributing  and  Mailing  Company 

Suffolk  Lighting  Co. 

Suffolk  Shoe  Company 

Suffolk  Trust  Company 

Superior  Concrete  Block  &  Brick  Company 

Superior  Grate  Bar  Company 

Superior  Raincoat  Company,  The 

Suspension  Transportation  Company 

Svea  Construction  Company 

T.  x\lton  Bemus  Company,  Licorporated 

T.  F^red  Lee  Company 

T.  H.  O'Shea  Leather  Company 

Tacoma  General  Hospital  Association 

Taunton  Amusement  Company 

Taxa  iVaron  Cab  Co. 

Taxa-Cab  Company  of  Boston 

Taylor  Labeling  Machine  Company 

Tebbetts  Garage  &  Manufacturing  Company 

Textile  Specialties  Company 


350  Acts,  1911.  — Ciiai\  mS. 

Corpoiiitions  Tliibaiideau  Bakerv  Company 

dissolved.  ,-  ^       "^ 

1  nomas-Keeves  Company 

Thiirell,  Batchelder  Company 

Thurston  Remedy  Company 

Title  Research  and  Credit  Company 

Tivoli  Amusement  Company 

Trinity  (^hemical  Manufacturing  Comj^any 

Trull  Brook  Farm  (Incorporated) 

Tunnel  Talc  Company 

Uniao  Commercial  Portugueza  Company 

Union  Binding  Company,  The 

Union  Credit  Company 

Union  Inter-State  Express  Company 

United  Bedding  Company 

United  Copper  Foundry  Company 

United  Electric  Apparatus  Company  (1906) 

United  States  Pole  Preserving  Co. 

Unity  Manufacturing  Company 

University  Tailors,  Incorporated 

Uriko  Amusement  Company 

Vendor  Manufacturing  Company 

Vienna  Lunch  Co. 

Vinton  Hotel  Company 

W.  A.  Fraze  Company 

W.  &  R.  Motor  Truck  Company 

W.  C.  King  Company 

W.  F.  Jacobs  Building  Com])any 

W.  H.  Hill  P^nvelope  Company 

W.  J.  Sullivan,  Incorporated 

W.  Jay  Burke  Company  Clothiers 

W.  L.  Murdock  ITndertaking  Company 

W.  N.  Harael  Clothing  Companv,  The 

W.  W.  Phillips  Company 

W.  W.  Spaulding  Company,  Inc.,  The 

Waipole  Emery  INlills 

Warhurton  &  Dover  Co. 

Warner  Motor  Company 

Warren  &  Brookfield  Electric  Light  Co. 

Warrior  Tire  Shoe  Company,  The 

Warwick  Interstate  Express  Co. 

Waverly  Magazine  Company 

Waverly  Press  Corporation,  The 

Wayland  Inter-State  Express  Company 

Weir  and  Darling  C()nij)any 


Acts,  1911.  — Chap.  3G3.  351 

West-Goodwin  Co.  Oorpoiations 

^  West  Somerville  Ljiiuidry  (^ompany 
Westboro'  Brass  Bedstead  Co. 
Weston  Illuminating  Company 
Wheeler  Brothers  Company 
Wheeler  Clean  Towel  Company 
Wieks  Mannfaeturing  Company 
Wilder  Snow-Plow  &  Manufacturing  (  V)mj)any 
Williams  Combination  Tent  Company 
Williamsburgh  Co-operative  Creamery  Association,  The 
Williamstown  Manufacturing  Company 
Williamstown  Press  Company 
Wilson  Shoe  Syndicate,  Inc. 
Winchester  Furniture  Company,  The 
Winter  Hill  Motor  Co. 
Winthrop  M.  Baker  Corporation 
Women's  Specialty  Shop,  Incorporated 
Wood  River  Granite  Company 
Woodman  Bros.  Company 
Woodman-Robbins  Company 
Woodville  Electric  Light  Company 
Woodward  Machinery  Company 
Worcester  Coal  Company 
Worcester  Driving  Park  Company,  The 
Worcester  Institute  of  Physiological  Exercise 
Worcester  Pattern  and  Novelty  Company 
Worcester  South  Electric  Companies 
Worcester  Textile  Machine  Company 
X-Ray  Toilet  Manufacturing  Company,  The 
Young's  Incorporated 

Section  2.  Nothing  in  this  act  shall  be  construed  to  Pending  suits 
affect  any  suit  now  pending  by  or  against  any  corporation  Itl  •''  ^'^  ^  • 
mentioned  in  the  first  section  of  this  act,  nor  any  suit  now 
pending  or  hereafter  brought  for  any  liability  now  existing 
against  the  stockholders  or  officers  thereof,  nor  to  revive 
any  charter  or  corporation  previously  dissolved  or  annulled, 
nor  to  make  valid  any  defective  organization  of  any  of  the 
supposed  corporations  mentioned  in  said  first  section. 

Section  3.     Suits  upon  choses  in  action  arising  out  of  |:,"j^gJ\Pj°° 
contracts  sold  or  assigned  by  any  corporation  dissolved  by  action. 
this  act  may  be  brought  or  prosecuted  in  the  name  of  the 
purchaser  or  assignee.     The  fact  of  sale  or  assignment  and 
of  purchase  by  the  plaintiff  shall  be  set  forth  in  the  writ  or 


852  Acts,  1911.  — Chap.  361. 

other  process;  and  the  defendant  may  avail  himself  of  any 
matter  of  defence  of  which  he  might  have  availed  himself  in 
a  suit  upon  the  claim  by  the  corporation,  had  it  not  been  dis- 
solved by  this  act. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  JO,  1011. 

Chap.'^^'i  An  Act  to  provide   for  removing   or  placing  under 

GROUND    certain    WIRES    AND    ELECTRICAL   APPLIANCES   IN 
THE   CITY    OF   BOSTON. 

Be  it  enacted,  etc.,  as  foUows: 
Removing  or         Section  1.     lu  thc  iiiouth  of  Januarv  iu  tlic  year  nineteen 

l)lacmg  under  i    •  i  i         p    t 

ground  rex-  hundrcd  and  twelve  and  m  the  month  oi  January  in  each 
cu"  i^'the  year  thereafter  to  and  including  the  year  nineteen  hundred 
cu^ofBos-  ,^j^^|  sixteen,  the  commissioner  of  wires  in  the  city  of  Boston 
shall  prescribe,  and  give  jjublic  notice  thereof,  as  required 
by  section  two  of  chapter  four  hundred  and  fifty-four  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-four,  not  more 
than  three  miles  of  main  streets,  avenues  or  highways,  or 
parts  thereof,  in  said  city  outside  of  the  sections  of  the  city 
already  prescril)e(l  luidcr  the  authority  of  said  clia])tcr  four 
hundred  and  fifty-four  and  of  chapter  two  hundred  and 
forty-nine  of  the  acts  of  the  year  eighteen  hinidred  and 
ninet\'-eight;  and  prior  to  March  first  in  each  year  from 
nineteen  hundred  and  twelve  to  nineteen  hundred  and  six- 
teen, both  inclusive,  said  commissioner  shall  ])rescribe,  and 
give  public  notice  thereof,  as  aforesaid,  not  more  than  two 
miles  of  side  streets,  avenues  or  liighways,  or  parts  thereof, 
in  said  city  outside  of  the  sections  of  the  city  already  pre- 
scribed as  aforesaid,  witliin  which  streets,  avenues  or  high- 
ways, or  parts  thereof,  all  wires,  cal)les  and  conductors, 
except  feed  and  return  wires  of  street  railways  placed  or 
carried  in  or  upon  subways,  tunnels  or  elcN  atcd  structures, 
and  except  such  other  wires  as  are  also  excepted  in  said  chaj)- 
ter  four  hundred  and  fifty-four,  shall  during  that  calendar 
year  be  removed  or  ])laced  inider  ground;  and  said  conmiis- 
sioner  of  wires  shall  cause  the  owners  or  users  of  such  wires, 
cables  and  conductors  to  remove  or  ])lace  them  untler  groinid, 
and  also  to  remove  any  poles  or  structures  in  such  prescribed 
parts  of  said  streets,  avenues  or  highways  used  to  support 
such  wires,  cables  or  conductors,  except  posts  used  exclu- 
sively for  the  support  of  fire  alarm  and  police  signal  boxes, 
and  such  poles  or  posts  as  arc  also  cxcc])t(Ml  in  said  chapter 


Acts,  1911.  — Char  305.  353 

four  Imndrcd  and  fifty-four,  and  except  when,  in  tlie  judp:- 
ment  of  said  commissioner,  it  is  impracticable  or  inexpedient 
to  remove  such  wires,  cables,  conductors,  poles  or  structures. 

Section  2.  By  main  streets,  avenues  or  highways  in  Defining 
section  one  are  meant  streets,  avenues  or  highways  upon  ave'ilue's,  etc. 
which  main  or  trunk  lines  of  poles,  wires,  cables  and  conduc- 
tors are  located;  and  by  side  streets,  avenues  or  highways  in 
said  section  are  meant  streets  which  cross  or  run  into  such 
main  streets,  avenues  or  highways,  and  upon  which  main 
or  trunk  lines  or  poles,  wires,  cables  and  conductors  are  not 
located.  No  side  streets  shall  be  prescribed  except  in  con- 
nection with  the  main  street  which  they  cross  or  run  into  as 
aforesaid,  and  not  more  than  one  half  mile  of  any  such  side 
street  shall  be  prescribed  in  any  year. 

Section  3.  Section  one  of  chapter  three  hundred  and  Repeal, 
forty-seven  of  the  acts  of  the  year  nineteen  hundred  and 
eight  is  hereby  repealed,  the  repeal  to  take  effect  on  Decem- 
ber thirty-first,  nineteen  hundred  and  eleven,  but  all  the 
terms,  conditions,  provisions,  requirements,  powers,  restric- 
tions and  exemptions  of  said  chapter  and  of  the  other  acts 
mentioned  in  section  one  thereof,  not  inconsistent  herewith 
are  hereby  extended  to  and  made  a  part  of  this  act. 

Section  4.  The  purpose  of  this  act  is  to  cause  the  re-  Purpose  of 
moval,  prior  to  January  first,  nineteen  hundred  and  seven- 
teen, of  certain  wires,  cables,  conductors  and  poles  or  struc- 
tures from  twenty-five  miles  of  streets  in  addition  to  the 
streets  heretofore  prescribed  under  section  one  of  chapter 
three  hundred  and  forty-seven  of  the  acts  of  the  year  nine- 
teen hundred  and  eight  and  prior  acts  mentioned  therein. 

Section  .5.     Except  as  otherwise  provided  herein  this  act  t^^^f/g^ect 
shall  take  elTect  on   January  first,   nineteen   hundred  and 
twelve.  Approved  April  29,  1911. 

An  Act  to  make  the  city  of  chicopee  and  the'  tow^n  of  CJiap.365 

LUDLOW,  IN  THE  COUNTY  OF  HAMPDEN,  A  MEDICAL  EXAMINER 
DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

The  paragraph  of  section  two  of  chapter  twenty-four  of  ^^je'^^gli  ^  ^' 
the  Revised  Laws  relating  to  medical  examiners  and  districts 
in  the  county  of  Hampden,  comprising  lines  fifty-four  to 
sixty-one,  both  inclusive,  of  said  section,  is  hereby  amended 
by  striking  out  the  word  "four",  in  the  first  line  of  said 
paragraph,  and  inserting  in  place  thereof  the  w^ord :  —  five, 


354 


Acts,  1011.  — Chap.  366. 


Medical 
pxamincr 
districts  in 
the  county 
of  Hampden. 


—  by  striking  out  the  word  "cities",  in  the  tliird  hue  of 
said  paragraph,  and  inserting  in  phice  thereof  the  word:  — 
city,  —  by  striking  out  the  words  "and  Chicopee",  in  the 
fourth  line  of  said  paragraph;  by  striking  out  the  word 
"Ludlow",  in  the  fifth  line  of  said  paragraph;  by  striking 
out  the  word  "and",  in  the  sixth  line  of  said  paragraph; 
and  by  inserting  at  the  end  of  said  i)aragraph  the  worfls: 

—  and  district  five,  of  the  city  of  ('hic()j)ce  and  the  town  of 
Ludlow,  —  so  that  said  paragraph  will  read  as  follows:  — 
In  the  cou!ity  of  Hampden,  one  in  each  of  the  five  following 
districts:  district  one,  composed  of  the  towns  of  Brimfield, 
Holland,  Palmer,  INIonson  and  Wales;  district  two,  of  the 
city  of  Springfield  and  the  towns  of  Agawam,  East  Long- 
meadow,  Longmeadow,  West  Springfield,  Wilbraham  and 
Hampden;  district  three,  of  the  city  of  Holyoke;  district  four, 
of  the  towns  of  Blandford,  Chester,  Granville,  ]Montgomery, 
Russell,  Southwick,  Tolland  and  Westfield;  and  district  five, 
of  the  city  of  Chicopee  and  the  town  of  IarHow. 

Approved  April  29,  1911. 


1909,  490, 
§  101,  Part 
I,  amended. 


Chcqi.oij^  An  Act  relative  to  the  apportionment  of  the  state 

TAX. 

Be  it  enacted,  etc.,  as  follows: 

Section  I.  Section  one  hundred  and  one  of  Part  I  of 
chapter  four  hundred  and  ninety  of  the  acts  of  the  year 
nineteen  hundred  and  nine  is  hereby  amended  by  striking 
out  the  first  two  sentences  and  by  inserting  in  place  thereof 
the  words:  —  Said  commissioner  shall  cause  abstracts 
to  be  prepared  showing  the  amount  of  the  corporate  fran- 
chise value  of  corporations  organized  in  this  commonwealth, 
and  of  the  value  of  shares  of  national  banks  represented 
by  the  taxes  distributed  according  to  law  to  each  city  and 
town,  —  and  by  adding  at  the  end  of  said  section  the  words: 
—  and  of  any  other  information  in  his  possession,  —  so 
as  to  read  as  follows:  —  Section  101.  Said  commissioner 
shall  cause  abstracts  to  be  prepared  showing  the  amount 
of  the  corporate  franchise  value  of  cor]iorations  organized 
in  this  commonwealth,  and  of  the  value  of  the  shares  of  na- 
tional banks  represented  by  the  taxes  distril)uted  according 
to  law  to  each  city  and  town.  He  may  require  from  state, 
city  and  town  officers  such  further  returns  and  statements 
relative  to  the  amount  and  value  of  taxable  property  in  the 


Abstracts  of 
friHK'hi.se 
value  of 
corporations, 
etc. 


Acts,  1911.  — Chaps.  367,  368.  355 


several  cities  and  towns  as  in  his  judgment  may  be  necessary. 
He  shall  to  the  best  of  his  judgment  and  discretion  prepare 
said  equalization  and  apportionment  upon  the  basis  of  the 
returns  and  statements  herein  provided  for  and  authorized, 
and  of  any  other  information  in  his  possession. 

Section  2.     Chapter  four  hundred  and  forty-nine  of  the  Repeal, 
acts  of  the  year  nineteen  hundred  and  nine  is  hereby  repealed. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  29,  1011. 

An  Act  relative  to  the  use  of  school  halls  for  other  Chap.S67 

THAN   school   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  school  committee  of  any  city  or  town  use  of  school 
which   accepts   the   provisions   of  this   act   may   grant   the  oUieVt*han 
temporary  use  of  halls  in  school  buildings  upon  such  terms  ^oges'^""^ 
and  conditions  and  for  such  public  or  educational  purposes, 
for  which  no  admission  fee  is  charged,  as  the  said  school 
committee   may   deem    wise:  provided,    however,    that   such  proviso, 
use  shall  not  in  any  way  interfere  or  be  inconsistent  with 
the  use  of  the  halls  for  school  purposes. 

Section  2.  This  act  shall  take  eft'ect  in  a  city  upon  its  Time  of 
acceptance  by  a  two  thirds  vote  of  the  members  of  each  ta'^'ng  eftect. 
branch  of  the  city  council  or  corresponding  body  of  that 
city  present  and  \'oting,  and  upon  the  approval  of  the 
mayor;  and  it  shall  take  effect  in  a  town  upon  its  accept- 
ance by  a  majority  of  the  voters  of  the  town  present  and 
voting  thereon  at  an  annual  town  meeting  or  at  a  special 
meeting  called  for  the  purpose. 

Approved  April  29,  1911. 

An  Act  making  an  appropriation  for  the  reimburse-  Qhnj)  3(38 

MENT  of  cities  AND  TOWNS  FOR  LOSS  OF  TAXES  ON "  LAND  " 

USED   FOR  PUBLIC   INSTITUTIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The    sum    of    thirty-five    thousand    dollars  Reimbmse- 
is  hereby  appropriated,  to  be  paid  out  of  the  treasury  of  "ifi^sand 
the    commonwealth    from    the    ordinary    revenue,    for    the  |"^^"f^,''!,,„ 

/I*  •••  *'  n  t  loss  01  ItlXcS 

purpose  of  reimbursnig  cities  -and  towns  for  loss  of  taxes  j.'^j^/J'**''" 
on  land  used  for  public  institutions,  during  the  fiscal  year 
ending  November  thirtieth,   nineteen  hundred  and  eleven, 


cases. 


850  Acts,  1911.  — Chap.  369. 

as  provirled  for  by  chapter  six  hundred  and  seven  of  the 
acts  of  the  year  nineteen  luindred  and  ten. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  29,  1011. 


Chap'd^\)  An  Act  relative  to  the  use  of  public  streets  and 

PUBLIC   property   IN   THE   CITY   OF   SPRINGFIELD. 

Be  it  enacted,  etc.,  cus  follows: 

'>eofp"ij  Section  1.    The   board   of   supervisors   of   the   city   of 

rtc,  in  the  Springfield  may  require  and  issue  licenses,  subject  to  the 
Springfield.  pi'ovisions  hereof,  for  the  use  of  specified  parts  of  public 
streets  in  that  city,  for  the  storage  and  sale  of  merchandise, 
for  purposes  necessary  for  the  construction  or  repair  of 
works  or  buildings,  and  for  all  other  piu'poses  requiring  the 
opening  of  streets,  the  use  thereof  for  commercial  or  ad- 
vertising purposes,  or  for  purposes  causing  more  than  the 
ordinary  interruption  or  impairment  of  travel  thereon. 
Applicant  SECTION  2.     Auv  pcrsou   seeking  a   license  as  aforesaid 

to  fiio  a  shall   file   with   said   board   a   written   application   therefor 

plication,  etc.  statiiig  his  uauic,  residence  and  place  of  business.  He  shall 
describe  accurately  in  writing,  by  plan  or  otherwise,  the 
location,  the  shape  and  the  dimensions  of  the  space  which 
lie  desires  to  occupy,  the  movable  structures  which  he 
proposes  to  use,  and  the  kinds  of  merchandise  which  he 
wishes  to  store  and  to  sell.  He  shall  submit  as  part  of  his 
application  the  written  consent  to  the  issuance  of  said  license 
of  the  owner  or  owners  of  the  premises  in  front  of  which 
he  desires  to  carry  on  business,  and  of  the  tenants  of  the 
ground  floor  of  such  premises,  if  the  license  requested  is 
for  the  sale  or  storage  of  merchandise.  When  the  privilege 
for  which  a  license  is  asked  is  to  be  exercised  in  front  of  the 
premises  owned  by  the  city  of  Springfield,  the  owner's  con- 
sent herein  provided  for  shall  not  be  required.  An  applicant 
for  a  ])ermit  for  the  oi)ening  of  the  surface  of. a  street  shall 
state  with  substantial  accuracy  the  location,  shape  and 
dimensions  of  the  space  which  it  is  desired  to  open  and  the 
name  and  residence  of  the  person,  firm  or  corporation  ask- 
ing for  the  permit. 
iken"'e"et  SECTION  3.     A  liccuse  issucd  hereunder  may  be  for  one 

or  more  days  in  each  week,  for  such  hours  daily  as  said  board 
shall  in  each  case  determine,  and  for  any  period  not  exceed- 
ing tw(>lve  months.  The  licen.se  may  be  renewed  from  time 
to  time  by  said  board  so  long  as  in  the  oj)inion  of  the  board 


Acts,  1911.  — Chap.  369.  357 

renewal  may  be  necessary.  It  may  be  suspended  or  re- 
voked for  any  reason  wliich  said  board  shall  consider  suffi- 
cient. In  all  matters  relating  to  street  railway,  lighting  or 
telephone  companies  the  powers  herein  conferred  upon  the 
board  of  supervisors  shall  devolve  upon  the  superintendent 
of  streets,  or  his  assistant,  and  no  such  company  shall  be 
required  to  obtain  a  license  under  this  act  for  opening  streets 
to  inspect  or  use  mains,  pipes  or  manholes,  or  for  the  repair 
of  mains,  pipes  or  conduits,  or  cables  located  in  such  con- 
duits, or  for  opening  streets  for  the  purpose  of  laying  con- 
duits or  building  conduits  under  the  provisions  of  chapter 
two  hundred  and  seventy-six  of  the  acts  of  the  year  nineteen 
hundred,  as  amended  by  chapter  one  hundred  and  eighty-one 
of  the  acts  of  the  year  nineteen  hundred  and  one,  or  for  opening 
streets  for  the  erection  of  poles  under  the  provisions  of  section 
two  of  chapter  one  hundred  and  twenty-two  of  the  Revised 
Laws,  as  amended.  The  license  fee  for  opening  streets  for  License  fee. 
service  connections  by  said  companies  shall  not  exceed  fifty 
cents  for  each  service.  No  license  fee  shall  be  required 
from  such  companies  for  opening  streets  unless  such  streets 
have  been  laid  with  macadam  or  other  paving  material. 

Section  4.  For  every  such  license  issued,  and  for  every  charge  for 
renewal  or  extension  thereof,  except  as  provided  in  section  Jfcensef 
three  hereof,  said  boarfl  or  superintendent  shall  charge 
and  the  city  collector  shall  collect  in  advance  a  fee  of  not 
less  than  fifty  cents  nor  more  than  one  himdred  dollars, 
according  to  its  or  his  estimate  of  the  value  of  the  privi- 
leges granted,  the  receipt  of  which  fee  shall  be  certified  on 
the  face  of  the  license.  Said  board  may  make  and  collect 
an  additional  charge  as  rent  in  case  of  the  sale  or  storage  of 
merchandise  whenever  the  licensee  is  not  the  principal 
tenant  of  the  ground  floor  of  the  premises  in  front  of  which 
the  location  is  granted;  or  whenever  such  tenant  is  the 
licensee  but  carries  on  in  the  location  for  which  the  license 
is  issued  a  business  which  in  the  manner  of  its  conduct 
or  in  the  character  of  the  merchandise  which  is  sold  differs 
materially  from  the  business  in  which  he  is  mainly  engaged 
at  that  place. 

Section  5.    All  revenue  derived  hereunder  shall  be  placed  Ef^iterfor 
to  the  credit  of  the  street  department,  to  be  used  for  con-  construction 

of  8X1*6618 

struction,  repair  and  maintenance  of  the  streets,  roads  and  etc. 
bridges  of  said  city. 

Section  G.     All  acts  and  parts  of  acts  inconsistent  here-  Repeal, 
with  are  hereby  repealed  to  such  extent  as  repeal  thereof  may 
be  necessary  to  carry  the  provisions  of  this  act  into  effect. 


358 


Acts,  1911.  — Chaps.  370,  371. 


Penalty.  SECTION  7.     A  pcrsoii  who  occupics  a  part  of  a  public 

street  in  the  city  of  Springfield,  except  in  accordance  with 
the  provisions  of  this  act,  shall  be  subject  to  a  fine  not  ex- 
ceeding twenty  dollars  for  the  first  offence  and  not  exceeding 
one  hundred  dollars  for  each  subsequent  ofl'ence. 

Ajjproved  April  29,  1911. 


1909,  490, 
§  44,  Part  II, 
amended. 


Deed  to  pur 

chaser,  etc. 


ChapZlO  An  Act  relative  to  deeds  given  by  tax  collectors. 
Be  it  enacted,  etc.,  as  foUotos: 

Section  1.  Section  forty-four  of  Part  II  of  chapter  four 
hundred  and  ninet\'  of  the  acts  of  the  vear  nineteen  hundred 
and  nine  is  hereby  amended  by  adding  at  the  end  thereof 
the  words:  —  and  if  recorded  within  said  time  it  shall  be 
prima  facie  evidence  of  all  facts  essential  to  its  validity,  — 
so  as  to  read  as  foUow^s:  —  Section  44-  The  collector  shall 
execute  and  deliver  to  the  purchaser  a  deed  of  the  land, 
which  shall  state  the  cause  of  sale,  the  price  for  which  the 
land  was  sold,  the  name  of  the  person  on  whom  the  demand 
for  the  tax  was  made,  the  places  where  the  notices  were 
posted,  the  name  of  the  newspaper  in  which  the  adver- 
tisement of  the  sale  was  published,  and  the  residence  of  the 
grantee,  and  shall  contain  a  warranty  that  the  sale  has  in 
all  particulars  been  conducted  according  to  law.  The  deed 
shall  convey,  subject  to  the  right  of  redemption,  all  the  right 
and  interest  which  the  owner  had  in  the  land  when  it  was 
taken  for  his  taxes,  and  the  premises  conveyed  shall  also  be 
subject  to  and  have  the  benefit  of  all  easements  and  re- 
strictions lawfully  existing  in,  upon  or  over  said  land  or 
appurtenant  thereto  when  so  taken.  Such  deed  shall  not 
be  valid  unless  recorded  within  thirty  days  after  the  sale, 
and  if  recorded  within  said  time  it  shall  be  prima  facie 
evidence  of  all  facts  essential  to  its  validity. 

Section  2.  All  acts  and  parts  of  acts  inconsistent  here- 
with are  hereby  repealed. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  JiJ,  lUlL 


Repeal. 


Chaj)M7l  An  Act  relative  to  the  transmission  of  high  tension 
currents  of  electricity  in  the  city  of  roston. 

Be  it  enacted,  etc.,  as  follows: 

7Jh\KhU'n'''^        Section  1.     No  wires  for  the  transmission  of  electricity 
sion  .  urr.  Ills     jit  more  tluiu  five  thou.sand  volts  alternating,  or  ten  thousand 

of  electrii'itv.  '^ 


Acts,  1911.  — Chap.  372.  359 


volts  direct,  shall,  after  the  thirtieth  day  of  June,  nineteen 
hundred  and  thirteen,  be  placed,  maintained  or  operated 
in  the  city  of  Boston  except  under  ground. 

Section  2.     The  provisions  of  this  act  may  be  enforced  o^agj""™®"* 
as  provided  in  section  nineteen  of  chapter  one  hundred  and 
twenty-two  of  the  Revised  Laws,  and  it  shall  be  the  duty 
of  the  commissioner  of  wires  of  the  city  of  Boston  to  see  to 
such  enforcement.  Approved  April  29,  1011. 

An  Act  relative  to  the  i3suance  of  search  warrants  Chap.'d72 

FOR  hypnotic  drugs  AND  THE  ARREST  OF  THOSE  PRESENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  If  a  person  makes  complaint  under  oath  issuance  of 
to  a  police,  district,  or  municipal  court,  or  to  a  trial  justice  rants,  etc. 
or  justice  of  the  peace  authorized  to  issue  warrants  in  crimi- 
nal cases,  that  he  has  reason  to  believe  that  opium,  mor- 
phine, heroin,  codeine,  cannabis  indica,  cannabis  sativa  or 
any  other  hypnotic  drug  or  any  salt,  compound  or  prepa- 
ration of  said  substances  is  kept  or  deposited  by  a  person 
named  therein  in  a  store,  shop,  warehouse,  building,  vehicle, 
steamboat,  vessel  or  place  other  than  by  a  manufacturer 
or  jobber,  wholesale  druggist,  registered  pharmacist,  regis- 
tered physician,  registered  veterinarian,  registered  dentist, 
registered  nurse,  employees  of  incorporated  hospitals,  or 
those  who  are  entitled  by  law  to  have  possession  of  any  of 
the  above  mentioned  articles,  such  court  or  justice,  if  it 
appears  that  there  is  probable  cause  to  believe  that  said 
complaint  is  true,  shall  issue  a  search  warrant  to  a  sheriff, 
deputy  sheriff,  city  marshal,  chief  of  police,  deputy  marshal, 
police  officer  or  constable  commanding  him  to  search  the 
premises  in  which  it  is  alleged  that  such  opium,  morphine, 
heroin,  codeine,  cannabis  indica,  cannabis  sativa  or  any  other 
hypnotic  drug  or  any  salt  or  compound  or  preparation  of 
said  substances  or  any  preparation  containing  the  same  is 
kept  or  deposited,  and  to  seize  and  securely  keep  the  same 
until  final  action,  and  to  arrest  the  person  or  persons  in 
whose  possession  it  is  found,  together  with  all  persons 
present  if  any  of  the  aforesaid  substances  is  found,  and  to 
return  the  warrant  with  his  doings  thereon,  as  soon  as  may 
be,  to  a  court  or  trial  justice  having  jurisdiction  in  the  place 
in  wiiich  such  substance  is  alleged  to  be  kept  or  deposited. 

Section  2.     Whoever   is   so   present   where   any   of   the  Penalty  for 
aforesaid  drugs  is  found  shall  be  punished  by  a  fine  of  not  '^'^'^^  present. 


300 


Acts,  1911.  — Chap.  373. 


Penalty  for 
violation  of 
law. 


more  than  fifty  dollars  or  by  imprisonment  in  the  house  of 
correction  for  three  months. 

Section  3.  Whoever,  not  being  a  manufacturer  or  jobber 
of  drugs,  wholesale  druggist,  registered  pharmacist,  reg- 
istered physician,  registered  veterinarian,  registered  dentist, 
registered  nurse  or  an  employee  of  an  incorporated  hospital, 
or  otherwise  entitled  by  law  to  have  possession  of  any  of 
the  above  mentioned  drugs,  is  found  in  possession  thereof, 
except  by  reason  of  a  physician's  prescription,  shall  be  pun- 
ished by  a  fine  of  not  more  than  one  hundred  dollars  or  by 
imprisonment  for  six  months  in  the  house  of  correction. 

Apjyroved  April  29,  1.911. 


Chcqj.^lS 


The  town  of 
West  IJrook- 
fiekl  may 
Kiiitply  itself 
Willi  water, 
etc. 


May  take 
water  from 
oertain  ponds 
and  .streams. 


Proviso. 


May  eon- 
Kiruct  dams, 
etc. 


An  Act  to  authorize  the  town  of  w'est  brookfield  to 

SUPPLY    itself   and    ITS    INHABITANTS    WITH    WATER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  West  Brookfield  may  suppl\' 
itself  and  its  inhabitants  with  water  for  the  extinguishment 
of  fires  and  for  domestic,  manufacturing  and  other  purposes; 
may  establish  fountains  and  hydrants  and  relocate  or  dis- 
continue the  same;  and  may  regulate  the  use  of  such  water, 
and  fix  and  collect  rates  to  l)e  paid  therefor. 

Section  2.  Said  town,  for  the  purposes  aforesaid,  may 
take,  or  acquire  by  purchase  or  otherwise,  and  hold  the 
waters  of  any  pond  or  stream,  or  of  any  ground  sources 
of  supply,  taken  by  means  of  driven,  artesian  or  other 
wells,  within  the  limits  of  the  town  of  West  Brookfield,  and 
the  water  rights  connected  with  any  such  water  sources, 
and  may  also  take,  or  acquire  by  ])urchase  or  otherwise, 
and  hold  all  lands,  rights  of  way  and  easements  necessary 
for  collecting,  storing,  holding,  ])urifying  and  preserving  the 
purity  of  the  water,  and  for  conveying  the  same  to  any 
part  of  said  town:  provided,  however,  that  no  source  of  water 
supply  and  no  lands  necessary  for  ])reserving  the  C|uality  of 
such  water  shall  be  taken  or  used  without  first  obtaining  the 
advice  and  apj^roval  of  the  state  board  of  health,  and  that 
the  situation  of  all  dams,  reservoirs  and  wells  to  be  used  as 
sources  of  water  su])ply  under  this  act  shall  be  subject  to 
the  approval  of  said  boanl.  Said  town  may  construct  on 
the  lands  acquired  and  held  under  tiie  provisions  of  this  act 
proper  dams,  reservoirs,  staiulpipes,  tanks,  buildings,  fix- 
tures and  other  structures,  and  make  excavations,  procure 
and  operate  machinery  and  provide  such  t)ther  means  and 


Acts,  1911.  — Chap.  373.      -  361 

appliances  and  do  snch  other  things  as  may  be  necessary 
for  the  estabhshment  and  maintenance  of  complete  and  ef- 
fective water  works;  and  for  that  i)nrpose  may  construct 
wells  and  reservoirs  and  establish  pumping  works  and  may 
construct,  lay  and  maintain  aqueducts,  conduits,  pipes  and 
other  works  under  or  over  any  land,  water  courses,  railroads, 
railways  and  public  or  other  ways,  and  along  such  ways  in 
the  town  of  West  Brooldield,  in  such  manner  as  not  unneces- 
sarily to  obstruct  the  same;  and  for  the  purpose  of  con- 
structing, laying,  maintaining,  operating  and  repairing  such 
conduits,  pipes  and  other  works,  and  for  all  proper  purposes 
of  this  act,  said  town  may  dig  up  or  raise  and  embank  any 
such  lands,  highways,  or  other  ways  in  such  manner  as  to 
cause  the  least  hindrance  to  public  travel  on  such  ways. 
Said  town  shall  not  enter  upon,  construct  or  lay  any  con- 
duits, pipes  or  other  works  within  the  location  of  any  rail- 
road corporation,  except  at  such  time  and  in  such  manner 
as  it  may  agree  upon  with  such  corporation  or,  in  case  of 
failure  so  to  agree,  as  may  be  approved  by  the  board  of 
railroad  commissioners. 

Section  3.     Said  town  shall,  within  ninety  days  after  the  Description 
taking  of  any  lands,  rights  of  way,  water  rights,  water  sources  "aken.'^fo he" 
or  easements  as  aforesaid,  otherwise  than  by  purchase,  file  i^^'oided,  etc. 
and  cause  to  be  recorded  in  the  registry  of  deeds  for  the  county 
and  district  within  which  the  same  are  situated,  a  description 
thereof  sufficientlv  accurate  for  identification,  with  a  state- 
ment  of  the  purpose  for  which  the  same  were  taken,  signed 
by  the  water  commissioners  hereinafter  provided  for.     The 
title  to  all  land  taken  or  acquired  in  any  way  under  the  pro- 
visions of  this  act  shall  vest  in  the  town  of  West  Brookfield, 
and  the  land  so  acquired  may  be  managed,  improved  and 
controlled  by  the  board  of  water  commissioners  hereinafter 
provided  for,  in  such  manner  as  they  shall  deem  for  the  best 
interest  of  said  town. 

Section  4.  Said  town  shall  pay  all  damages  to  property  Damages, 
sustained  by  any  person  or  corporation  by  the  taking  of 
any  land,  right  of  way,  water,  water  source,  water  right  or 
easement,  or  by  anything  done  by  the  town  under  authority 
of  this  act.  Any  person  or  corporation  sustaining  damages 
as  aforesaid,  and  failing  to  agree  with  said  town  as  to  the 
amount  thereof,  may  have  the  same  determined  in  the  manner 
provided  by  law  in  the  case  of  land  taken  for  the  laying  out 
of  highways,  on  application  at  any  time  within  the  period 
of  two  years  after  the  taking  of  such  land  or  other  property 


3G2 


Acts,  1911.  — Chap.  373. 


Town  of 
West  Brook- 
field  Water 
Jjoan,  Act  of 
1911. 


Proviso. 


Pajinent  of 
loan. 


or  the  doing  of  other  injury  under  authority  of  this  act; 
but  no  such  appUcation  shall  be  made  after  the  expiration 
of  the  said  two  years,  and  no  application  for  assessment  of 
damages  shall  be  made  for  the  taking  of  any  water  or  water 
right,  or  for  any  injury  thereto,  until  the  water  is  actually 
withdrawn  or  diverted  bv  said  town  under  authority  of  this 
act.  Said  town  may  by  vote,  from  time  to  time,  determine 
what  amount  or  quantity  of  water  it  proposes  to  take  and 
appropriate  under  this  act;  in  which  case  any  damages 
caused  by  such  taking  shall  be  based  upon  such  amount  or 
quantity  until  the  same  shall  be  increased  by  vote  or  other- 
wise, and  in  such  event  the  town  shall  be  further  liable 
only  for  the  additional  damages  caused  by  such  additional 
taking. 

Section  5.  Said  town,  for  the  purpose  of  paying  the 
necessary  expenses  and  liabilities  incurred  under  the  provi- 
sions of  this  act,  may  issue  from  time  to  time  bonds,  notes 
or  scrip  to  an  amount  not  exceeding  thirty  thousand  dollars. 
Such  bonds,  notes  or  scrip  shall  bear  on  their  face  the  words, 
Town  of  West  Brookfield  Water  Loan,  Act  of  1911;  shall  be 
payable  at  the  expiration  of  periods  not  exceeding  thirty 
years  from  the  dates  of  issue;  shall  bear  interest,  payable 
semi-annually,  at  a  rate  not  exceeding  four  and  one  half  i)er 
cent  per  annum;  and  shall  be  signed  by  the  treasurer  of  the 
town  and  countersigned  by  the  water  commissioners  herein- 
after provided  for.  Said  town  may  sell  such  securities  at 
public  or  private  sale,  upon  such  terms  and  conditions  as  it 
may  deem  proper:  provided,  that  the  securities  shall  not  be 
sold  for  less  than  their  par  value. 

Section  (i.  Said  town  shall  at  the  time  of  authorizing 
said  loan  provide  for  the  payment  thereof  in  such  annual 
proj)ortionate  payments,  beginning  not  more  than  five  years 
after  the  first  issue  of  said  bonds,  notes  or  scrip,  as  ^^ill 
extinguish  the  same  within  the  time  prescribeil  by  this  act; 
and  when  a  vote  to  that  eifect  has  been  passed  a  sum  wliich, 
with  the  income  deri\ed  from  water  rates,  will  be  sutlicicnt 
to  pay  the  annual  expense  of  operating  its  water  works  and 
the  interest  as  it  accrues  on  the  bonds,  notes  or  scrip  issuetl 
as  aforesaid  by  said  town,  and  to  make  such  payments  on 
the  principal  as  may  hv  rcfpiired  luidcr  the  provisions  of 
this  act,  shall  without  furthiT  xote  be  as.sos.srd  by  the  assessors 
of  the  town  in  each  year  thereafter,  in  the  same  manner  in 
which  other  taxes  are  assessed,  until  the  <lebt  incurred  by 
said  loan  is  extinguished. 


Acts,  1911.  — Chap.  873.  363 

Section  7.  Whoever  wilfully  or  wantonly  corrupts,  pol-  poUutioJ°Itc 
lutes  or  diverts  any  water  taken  or  held  under  this  act,  or  of  water. 
injures  any  structure,  work  or  other  property  owned,  held 
or  used  bv  said  town  under  authoritv  of  this  act,  shall  for- 
feit  and  pay  to  the  said  town  three  times  the  amount  of  dam- 
ages assessed  therefor,  to  be  recovered  in  an  action  of  tort; 
and  upon  being  convicted  of  any  of  the  above  wilful  or  wan- 
ton acts  shall  be  punished  by  a  fine  not  exceeding  three 
hundred  dollars  or  by  imprisonment  in  jail  for  a  term  not 
exceeding  one  year. 

Section  8.  Said  town  shall,  after  the  acceptance  of  this  water  com- 
act,  at  a  legal  meeting  called  for  the  purpose,  elect  by  ballot  ™eofionr^' 
three  persons  to  hold  office,  one  until  the  expiration  of  three  ^^^'^'  ®**'' 
years,  one  until  the  expiration  of"  two  years  and  one  until 
the  expiration  of  one  year  from  the  next  succeeding  annual 
town  meeting,  to  constitute  a  board  of  water  commissioners; 
and  at  each  annual  town  meeting  thereafter  one  such  com- 
missioner shall  be  elected  by  ballot  for  the  term  of  three  years. 
All  the  authority  granted  to  the  said  town  by  this  act  and 
not  otherwise  specifically  provided  for  shall  be  vested  in  said 
water  commissioners,  who  shall  be  subject  however  to  such 
instructions,  rules  and  regulations  as  the  town  may  impose 
by  its  vote.  A  majority  of  said  commissioners  shall  consti- 
tute a  quorum  for  the  transaction  of  business.  Any  vacancy 
occurring  in  said  board  from  anv  cause  mav  be  filled  for  the 
remainder  of  the  unexpired  term  by  the  town  at  any  legal 
town  meeting  called  for  the  purpose.  Any  such  vacancy 
may  be  filled  temporarily  by  a  majority  vote  of  the  selectmen, 
and  the  person  so  appointed  shall  hold  office  until  the  town 
fills  the  vacancy  in  the  manner  herein  provided  for. 

Section  9.  Said  commissioners  shall  fix  just  and  equi-  Water  rates, 
table  prices  and  rates  for  the  use  of  water,  and  shall  prescribe 
the  time  and  manner  of  payment.  The  income  of  the  water 
works  shall  be  applied  to  defraying  all  operating  expenses, 
interest  charges  and  payments  on  the  principal  as  they 
accrue  upon  any  bonds,  notes  or  scrip  issued  under  authority 
of  this  act.  If  there  should  be  a  net  surplus  remaining  after 
providing  for  the  aforesaid  charges  it  shall  be  used  for  such 
new  construction  as  the  water  commissioners  may  determine 
upon,  and  in  case  a  surplus  should  remain  after  payment  for 
such  new  construction  the  water  rates  shall  be  reduced  pro- 
portionately. No  money  shall  be  expended  in  new  construc- 
tion by  the  water  commissioners  except  from  the  net  surplus 
aforesaid,  unless  the  town  appropriates  and  provides  money 


364  Acts,  1911.  — Chaps.  374,  375. 

therefor.  Said  commissioners  shall  annually,  and  as  often 
as  the  town  may  require,  render  a  report  upon  the  condi- 
tion of  the  works  under  their  charge  and  an  account  of 
their  doings,  including  an  account  of  receipts  and  expendi- 
tures. 
Time  of  Section  10.     This  act  shall  take  effect  upon  its  accept- 

ance by  a  majority  vote  of  the  legal  voters  of  the  town  of 
West  Brookfield  ])resent  and  voting  thereon  at  a  legal  meet- 
ing called  for  the  purpose  within  three  years  after  its  j)assage; 
but  it  shall  become  void  unless  the  town  of  West  Brookfield 
shall  begin  to  distribute  water  to  consumers  in  said  town 
within  three  years  after  the  date  of  the  acceptance  of  this 
act  as  aforesaid.  For  the  purpose  of  being  submitted  to  the 
voters  as  aforesaid  this  act  shall  take  ell'ect  upon  its  passage. 

Approved  April  29,  1911. 

Chap. 'Mi  An  Act  iielativk  to  the  taking  of  fish  in  lynn  harbor. 

Be  it  enacted,  etc.,  as  folhwfi: 
Taking  of  Section  1.     It  shall  be  unlawful  to  take  fish  bv  the  use 

tisli  III  Lynn  ...  i-  t  i        i      '    i 

iKuimr.  of  sweej)  nets  or  semes  m  the  waters  ol  Iauu  harbor  between 

the  Point  of  Pines  in  the  town  of  Revere  and  liass  Point  in 

the  town  of  Nahant,  except  that  between  the  first  day  of 

/  October  and  the  first  day  of  January  following  fish  may  be 

Provi.so.  so  taken:   provided,  that  a  permit  therefor  is  first  obtained 

from  the  harbor  master  of  the  city  of  Lynn. 

P*'"''''y-  Sec'I'Iom  2.     Whoever  violates  any  provision  of  this  act 

shall  be  punished  by  a  fine  of  not  more  than  one  hundred 
dollars  for  each  olVence.  yipproved  April  .!!>,  lull. 


Cliap'Sir)  An  Act  relatix  e  to  the  certification  by  the  board  (^f 
education  of  hich  school  teachers  in  state-aided 

HKiH    SCHOOLS. 

Be  it  enacted,  etc.,  as  folloics: 
Cprtifiontion  SECTION  1.     After  Julv  first,  nineteen  huudrcd  and  twclve, 

of  certain  i      11     i  i-     -i'  1  1      •  i   •     1  1  1        •   I      I 

iiiKh  school        no  person  shall  l)e  ehgible  to  teach  m  a   lugh  scliool  aided 

teachers,  etc.  i-.ii,i  1^1  "II"  \  j.  j. 

directly  by  the  commonweitlth,  as  j)ro\  idcd  m  cluii)ter  two 
hundred  of  the  acts  of  the  \'ear  nineteen  hundred  and  six,  as 
amended  by  ehai)ter  four  hundred  and  twenty-seven  of  the 
acts  of  the  year  nineteen  hundred  and  eight,  who  does  not 
hold  a  high  school  teacher's  certificate  issued  by  the  board 
of  education,  in  aeeordnnce  with  section  two  hereof. 


Acts,  1911.  -  Ciiai\s.  ;m),  'Ml.  3G5 


Section  2.     It  shall  be  the  duty  of  the  iMiard  of  education  Cndiiion 
to  define  the  conditions  on  which  hi<j;h  school  teachers'  cer-  icnificates 
tificates  shall  be  given  and  held,  and  to  grant  such  certificates  f^sw± 
to  candidates  who  shall  be  found  qualified  by  examination 
or  otherwise;  but  any  person  with  a  satisfactory  record  as 
teacher  for  a  period  of  not  les.s  than  six  months  in  the  high 
schools  of  this  commonwealth  shall  be  entitled  to  a  certifi- 
cate to  that  effect,  under  this  act,  if  applied  for  ])rior  to  July 
first,  nineteen  hundred  and  twelve,  but  not  otherwise. 

Section  3.     A  list  of  teachers  holding  high  school  teachers'  i-'«V'^   ,  , 

tCJH'hPI'iS  to  Ijc 

certificates  under  this  act  shall  be  kept  in  the  office  of  the  kcj)!  i.v  thp 

i>i  .•  11111  A.  J.  '    J.        ^     commissioner 

commissioner  oi  education,  and  shall  be  sent  to  superintend-  of  education, 
ents  and  school  committees  in  the  commonwealth,  at  their 
request. 
Section  4.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  29,  1911. 


An  Act  relative  to  the  issue  of  bonds  in  the  city  of  Chap.'dl6 

LYNN. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty-seven  of  Part  I  of  chapter  six  hundred  and  }%]^'^^'^,'r 

PI  PI  •  111  .§37,  Part  I, 

two  OI  the  acts  ot  the  year  nineteen  hundred  and  ten  is  amended, 
hereby  amended  by  striking  out  the  last  sentence,  so  as  to 
read  as  follows:  —  Section  37.  All  loans  issued  by  the  city  Payment  of 
after  the  passage  of  this  act  shall  be  made  payable  in  annual 
instalments  in  the  manner  authorized  bv  section  thirteen  of 
chapter  twenty-seven  of  the  Revised  Laws,  as  amended  by 
section  one  of  chapter  three  hundred  and  forty-one  of  the 
acts  of  the  year  nineteen  hundred  and  eight. 

Approved  April  29,  1911. 


An  Act  relative  to  the  employment  of  assistants  in  Chap.377 

THE   practice   OF   DENTISTRY. 

Be  it  enacted,  etc.,  as  follows: 

Section  twentv-eight  of  chapter  seventv-six  of  the  Revised  ^J'-  '^^' 
Laws,  as  amended  by  chapter  two  hundred  and  eighty-nine  amended.' 
of  the  acts  of  the  year  nineteen  hundred  aufl  five  and  by  sec- 
tion two  of  chapter  two  hundred  and  ninety-four  of  the  acts 
of  the  year  nineteen  hundred  and  eight  and  by  chapter  three 
hundred  and  one  of  the  acts  of  the  year  nineteen  hundred 
and  nine,  is  hereby  further  amended  by  inserting  after  the 


30(3  Acts,  1911.  — Ciiai\  377. 

word  "and",  in  the  tliirtietli  line,  tlie  words:  —  in  said  bnsi- 
ness  employs  or  permits  any  other  person  to  praetise  <len- 
tistry  as  above  defined,  unless  sueh  other  person  is  duly  au- 
thorized  and   exhibits  his   name  and   certificate   as  herein 

i'p"a'>yf"r       pro\i(led,  or  who,  —  so  as  to  read  as  follows:  —  Section  28. 

acting  as  a  Wliocvcr  falscly  claims  or  pretends  to  have  or  hold  a  certifi- 
entist,  etc.  ^..^^^  f^rantcd  by  said  board,  or  falsely  and  with  the  intent 
to  deceive,  claims  or  pretends  to  be  a  graduate  of  any  incor- 
porated dental  college,  or  who  practises  dentistry  without 
obtaining  a  certificate  as  provided  in  section  twenty-six  of 
this  act,  or  who  having  such  certificate  fails  to  exhibit  the 
same  as  required  by  section  twenty-six,  shall  be  punished  by 
a  fine  of  not  less  than  fifty,  nor  more  than  one  hundred 
dollars  or  by  imprisonment  for  three  months.  Any  person 
who  owns  or  carries  on  a  dental  practice  or  business,  or  who 
by  himself,  by  his  servants  or  agents,  or  by  contract  with 
others  shall  perform  any  operation  on  or  make  examination 
of,  with  the  intent  of  performing  or  causing  to  be  performed, 
any  operation  on,  the  human  teeth  or  jaws,  or  who  shall 
describe  himself  by  the  word  or  letters  "Dentist",  "D.D.S.", 
or  other  words,  letters,  or  title  in  connection  with  his  name, 
or  who  shall  advertise  by  sign,  card,  circular,  pamphlet  or 
newspaper,  or  otherwise  indicate  that  he  by  contract  with 
others,  or  by  himself,  his  servants  or  agents,  v,  ill  perform  any 
operation  on  or  make  examination  of,  with  the  intention  of 
performing  or  causing  to  be  performed,  any  operation  on, 
the  human  teeth  or  jaws,  shall  be  deemed  to  be  practising 
dentistry  within  the  meaning  of  this  act,  and  unless  duly 
authorized  thereto  by  obtaining  a  certificate  as  provided  in 
section  twenty-six,  shall  be  liable  to  punishment  as  above 
provided,  and  whoever  in  practising  dentistry  as  above  de- 
fined owns  and  carries  on  a  dental  ])ractice  or  business,  and 
in  said  business  employs  or  permits  any  other  person  to 
practise  dentistry  as  above  defined,  unless  such  other  person 
is  duly  authorized  and  exhibits  his  name  and  certificate  as 
herein  provided,  or  who  fails  to  exhibit  his  name  as  required 
by  section  twenty-six,  shall  for  each  ofience  be  liable  to  pun- 

diiinrd.  ishment  as  above  provided.     The  word   "person",  in  this 

act  shall  include  a  corporation;  and  any  corporation  violat- 
ing any  provision  of  this  act  shall  be  liable  to  a  fine  as  herein 
provided,  and  the  officers  of  the  ('(M-poration  concerned  in 
the  said  violatit)n  shall  be  liable  to  fine  and  inqirisonment  as 
above  provided.  Approval  April  29,  llill. 


Tlie  word 

■  IXTSOll  " 


Acts,  IDIL  — Chaps.  378,  379.  367 


An  Act  relative  to  holding  caucuses  by  precincts  or  (JJiap.'dlS 

IN   MORE   THAN   ONE   PLACE   IN   A   WARD. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  ninety-seven  of  chapter  five  hundred  and  sixty  of  ^^g/;  ^''^• 
the  acts  of  the  year  nineteen  hundred  and  seven  is  liereby  amended. 
amended  by  inserting  after  the  word  "  precincts",  in  the  sixth 
line,  the  words:  —  or  by  groups  of  precincts  in  any  ward,  — 
and  by  striking  out  the  words  "each  precinct",  in  the  seventli 
and  eighth  hnes,  and  inserting  in  place  thereof  the  words:  — 
every  such  precinct  or  group  of  precincts  in  any  ward,  —  so 
as  to  read  as  follows :  —  Section  97.     If  in  a  city,  except  Holding  of 
Boston,  or  town  wherein  elections  are  held  by  precincts,  the  etc. 
city  or  town  committee  of  either  of  the  two  leading  political 
parties  shall  file  with  the  aldermen  or  selectmen,  at  least 
two  weeks  prior  to  the  time  of  holding  its  caucuses,  a  notice 
that  such  party  desires  to  hold  its  caucuses  by  precincts,  or 
by  groups  of  precincts  in  any  ward,  the  aldermen  or  select- 
men shall  furnish  a  polling  place  in  every  such  precinct  or 
group  of  precincts  in  any  ward,  for  the  use  of  such  party,  as 
provided  in  section  one  hundred  and  seventeen  of  this  chap- 
ter, and  the  caucuses  of  such  party  shall  be  held  accordingly. 

Approved  May  1,  1911. 


An  Act  relative  to  the  returns  to  be  made  to  the  n^^nry  379 

TAX   commissioner   BY   CORPORATIONS.  * 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  forty  of  Part  III  of  chapter  four  hun-  1909.  490, 
dred  and  ninety  of  the  acts  of  the  year  nineteen  hundred  and  ui,  kmended. 
nine  is  hereby  amended  by  striking  out  the  word  "May", 
wherever  it  occurs  in  said  section,  and  inserting  in  place 
thereof  the  word:  —  April.  Said  section  is  hereby  further 
amended  by  striking  out  the  paragraph  marked  "Second," 
and  inserting  in  place  thereof  the  following  paragraph:  — 

Second,  A  statement  in  such  detail  as  the  tax  commis-  statement  to 
sioner  may  require  of  the  works,  structures,  real  estate, 
machinery,  underground  conduits,  wires  and  pipes,  and  of  the 
merchandise  and  other  assets  belonging  to  the  corporation, 
with  the  value  thereof,  and  of  the  liabilities  of  the  corpora- 
tion; and  in  the  case  of  domestic  business  corporations  a 
statement  of  such  assets  as  are  without  the  commonwealth. 
Except  in  the  case  of  domestic  business  corporations  the 


tax  commis- 
sioner. 


368  Acts,  1911.  — Giiai>.  380. 

returns  rcciuired  by  this  section  slmll  also  contain,  in  a  form 
prescribed  by  the  tax  commissioner,  a  statement  of  tlie  profit 
or  loss  which  has  resulted  from  the  business  of  the  corpora- 
tion for  the  twelve  months  ending  with  the  thirty-first  day 
of  December  next  preceding  the  year  in  which  the  retiu'n  is 
made.  Said  section  is  further  amended  by  striking  out  the 
last  sentence  and  inserting  in  place  thereof  the  following:  — 
retlTri."'  Such  rctum  shall  be  filed  with  the  tax  commissioner.      In 

the  case  of  domestic  business  corporations  the  whole  of  said 
return,  and  in  the  case  of  other  corporations  so  much  of  said 
return  as  relates  to  the  profit  or  loss  which  has  resulted  from 
the  business  of  the  corporation  shall  be  open  only  to  the  in- 
spection of  the  tax  commissioner,  his  deputy,  clerks  and 
assistants,  and  such  other  officers  of  the  commonwealth  as 
may  have  occasion  to  inspect  it  for  the  purpose  of  assessing 
or  collecting  taxes. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  1,  1011. 

Chajj.'^SO  An  Act  relative  to  cranberry  barrels,  crates  and 

OTHER   PACKAGES. 

Be  it  enacted,  etc.,  as  follows: 
1903,408,  Section  1.     Section  one  of  chapter  four  hundred  and  eight 

S  1,  amended.  .  i  i        i  i      i  •      i  i 

oi  the  acts  of  the  year  nmeteen  huntlred  and  three  is  hereby 
amended  by  inserting  after  the  word  "be",  in  the  fourth 
line,  the  words:  —  not  less  than,  —  by  inserting  after  the 
word  "be",  in  the  seventh  line,  the  words:  —  not  greater 
than,  — ■  by  striking  out  the  words  "  lUit  any  barrel  of  difl'er- 
ent  form  but  of  the  same  interior  capacity  shall  be  considereti 
a  legal  and  standard  barrel",  in  the  eighth  and  ninth  lines, 
by  inserting  after  the  word  "support",  in  the  thirteenth 
line,  the  words:  —  and  shall  have  an  interior  capacity  of 
one  thousand  nine  hundred  and  eighty  cubic  inches;  but  any 
square  or  oblong  crate  or  box  of  ditlerent  form,  but  of  as 
great  interior  capacity,  shall  be  considered  a  legal  and  stand- 
ard crate.  It  shall  be  lawful  to  use  for  the  sale  and  delivery 
of  cranberries,  square  or  oblong  packages  which  contain  one 
half  crate  or  one  quarter  crate:  provided,  that  such  packages 
lia\e  an  interior  capacity,  exclusive  of  any  partition  or  sup- 
port, of  nine  luuidred  and  ninety  and  four  hundred  and 
ninety-five  cubic  inches,  respecti\ely ;  by  striking  out  the 
'  word  "or",  where  it  first  occurs  in  the  thirteenth  line,  1)\  in- 

sertnig  after  the  word  "crate",  in  the  same  line,  the  words:  — 


Acts,  1911.  — Chap.  380.  369 

—  one  half  crate  or  one  quarter  crate,  — by  striking  out  the 
word  "crate",  in  the  seventeenth  hue,  and  inserting  in  pUice 
thereof  the  words:  —  other  package,  —  and  by  striking  out 
all  after  the  word  "unless",  in  the  eighteenth  line,  and  in- 
serting in  place  thereof  the  words:  —  its  interior  capacity  is 
as  great  as  the  capacity  herein  specified  for  such  package,  — 
so  as  to  read  as  follows:  —  Section  1.     The  lesal  and  standard  V's<''  ''"^^ 

11  n         stanaara 

barrel  for  cranberries  shall  measure  not  less  than  twenty-iive  banei  and 
and  one  fourth  inches  between  the  heads,  inside;  the  diameter  cranberries, 
of  the  head  shall  be  not  less  than  sixteen  and  one  fourth  inches,  '^'*^' 
including  the  bevelled  edge;  the  outside  bilge  circumference 
shall  measure  not  less  than  fifty-eight  and  one  half  inches; 
the  thickness  of  the  staves  shall  be  not  greater  than  four 
tenths  of  an  inch.  The  legal  and  standard  crate  for  cran- 
berries shall  measure  seven  and  one  half  inches,  by  twelve 
inches,  by  twenty-two  inches,  inside,  exclusive  of  any  interior 
partition  or  support,  and  shall  have  an  interior  capacity  of 
one  thousand  nine  hundred  and  eighty  cubic  inches ;  but  any 
square  or  oblong  crate  or  box  of  different  form,  but  of  as 
great  interior  capacity,  shall  be  considered  a  legal  and  stand- 
ard crate.  It  shall  be  lawful  to  use  for  the  sale  and  delivery 
of  cranberries,  square  or  oblong  packages  which  contain  one 
half  crate  or  one  quarter  crate:  proiyided,  that  such  packages  Proviso. 
have  an  interior  capacity,  exclusive  of  any  partition  or  sup- 
port, of  nine  hundred  and  ninety  and  four  hundred  and  ninety- 
five  cubic  inches,  respectively.  No  barrel,  crate,  one  half 
crate  or  one  quarter  crate,  intended  for  the  sale  or  delivery 
of  cranberries,  except  of  the  standard  measure  herein  specified 
and  plainly  marked  with  the  words  "  Massachusetts  Standard 
Measure",  shall  be  manufactured  or  sold.  No  person  shall 
so  mark  any  barrel  or  other  package  so  used,  or  intended  to 
be  used,  unless  its  interior  capacity  is  as  great  as  the  capacity 
herein  specified  for  such  package. 

Section  2.  Section  two  of  said  chapter  four  hundred  antl  i^.^^^j^*^^' 
eight,  as  amended  by  section  one  of  chapter  two  hundred  and  amended. 
nine  of  the  acts  of  the  vear  nineteen  hundred  and  five,  is 
hereby  further  amended  by  striking  out  the  word  "or", 
after  the  word  "barrel",  in  the  second  line,  by  inserting 
after  the  word  "crate",  in  the  same  line,  the  words:  —  one 
half  crate  or  one  quarter  crate,  ■ —  by  striking  out  the  word 
"or",  after  the  word  "barrel",  in  the  fifth  line,  by  insert- 
ing after  the  word  "crate",  in  the  fifth  line,  the  words:  — 
one  half  crate  or  one  quarter  crate,  —  by  inserting  after  the 
last  word  in  the  sixth  line,  the  word :  —  corresponding,  — 


370 


Acts,  1011.  — Chap.  381, 


Massachusct 

standard 

measure. 


Is 


Penalty. 


Net  weight. 


Proviso. 


and  l)y  strikiiiji;  out  tlic  words  "barrel  or  crato",  in  the 
soventh  lino,  and  inserting  in  place  thereof  the  word:  — 
l^aekage,  —  so  as  to  read  as  follows:  —  Serf  ion  2.  Every 
barrel,  crate,  one  half  crate  or  one  quarter  crate  used  for  the 
sale  or  delivery  of  cranberries  shall  be  of  the  Massachusetts 
standard  measure,  and  shall  be  marked  as  retjuirt^d  by  this 
act.  No  person  shall  use  any  barrel,  crate,  one  half  crate 
or  one  (piarter  crate  for  such  sale  or  deli\'ery  the  capacity 
of  which  is  less  than  that  of  the  corresponding  standard 
package  herein  provided  for.  Any  person  violating  any  of 
the  provisions  of  this  act  shall  be  punished  by  a  fine  not 
exceeding  one  hundred  dollars.  The  sealers  of  Aveights  and 
measures  of  the  se\'eral  cities  and  towns  shall  cause  the  pro- 
\isions  of  this  act  to  be  enforced. 

Section  3.  It  shall  be  lawful  to  use  for  the  sale  and  de- 
Hvery  of  cranberries  packages  containing  one,  two  or  ft)ur 
pounds  of  cranberries  net  weight:  provided,  that  said  net 
weight  is  plainly  stamped  on  the  to])  or  side  of  each  package. 

Section  4.     This  act  shall  take  elVect  uj)on  its  passage. 

Approved  May  1,  1911. 


Inspect  ion, 
etc.,  of  ))laces 
wliero  neat 
cattle,  etc., 
are  kept,  etc. 


Chap.'iSX  An  Act  to  provide  for  the  inspection  and  regulation 

BY  the  cattle  bureau  OF  THE  STATE  BOARD  OF  A(iRI- 
CULTURE  OF  PLACES  WHERE  NEAT  CATTLE,  OTHER  RU:MI- 
NANTS  OR  SWINE  ARE  KEPT. 

Be  it  enacted,  etc.,  a.v  foUow.s: 

Section  1.  The  chief  of  the  cattle  bureau  and  his  agents 
are  hereby  authorized  to  enter  and  inspect  all  barns,  stables, 
pastures,  yards  and  other  places  where  neat  cattle,  other 
ruminants,  or  swine  are  kept.  The  chief  of  the  cattle  bureau 
may  make  and  enforce  all  reasonable  rules  and  regulations 
respecting  the  sanitary  condition  of  such  barns,  stables  and 
other  places,  and  of  the  neat  cattle,  other  ruminants  and 
swine  kept  therein,  such  rules  and  regulations  to  be  subject 
to  approval  by  the  governor  and  council. 

Section  2.  The  state  board  of  health,  the  dairy  bureau, 
and  boards  of  health  of  cities  and  towns  shall  report  to  the 
chief  of  the  cattle  bureau  any  and  all  cases  brought  to  their 
attention  where  barns,  stables  or  other  enclosures,  in  which 
neat  cattle,  other  ruminants  or  swine  are  kept,  are  found  to 
be  in  an  unsanitary  condition. 

Section  )>.  Whoever  i)re\-ents  or  hinders  the  chief  of  the 
cattle  bureau  or  any  agent  thereof  from  exercising  the  powers 


Report. 


Penalty. 


Acts,  1911.  —  Chaps.  382,  383.  371 

hereby  conferred  sliall  be  piuiislied  by  a  fine  of  not  more  than 
fifty  dollars  or  by  imprisonment  for  not  more  than  thirty 
(hiys. 

Section  4.     Nothin";  in  this  act  shall  be  construed  to  nul-  c'crtain 

~  .  powers  of 

lify  or  afi'ect  the  powers  and  duties  of  boards  of  health  con-  the  board  of 
ferred  upon  them  by  sections  sixty-seven  to  seventy-four,  affected. 
inclusive,  of  chapter  seventy-five  of  the  Revised  Laws,  and 
by  sections  sixty-nine  to  seventy-two,  inclusive,  of  chapter 
one  hundred  and  two  of  the  Revised  Laws. 

Approved  May  1,  1911. 

An  Act  to  establish  the  salary  of  ralph  n.  smith,  an  Chap.dS2 

ASSISTANT  CLERK  OF  COURTS  FOR  THE  COUNTY  OF  MIDDLE- 
SEX. 

Be  it  enacted,  etc.,  as  follows: 

Section  I.     The  salary  of  Ralph  N.  Smith,  an  assistant  «aiaiy- 
clerk  of  the  courts  for  the  county  of  Middlesex,  in  charge  of 
the  criminal  business,  shall  be  thirty-five  hundred  dollars  a 
year  from  the  first  day  of  January  in  the  year  nineteen  hun- 
dred and  eleven. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  1,  1911. 

An  Act  relative  to  taxation  of  personal  property  Chap.3S3 

held  upon  trust. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  thirty-seven  of  Part  III  of  chapter  1909,490, 
four  hundred  and  ninety  of  the  acts  of  the  year  nineteen  ameuded!*^ 
hundred  and  nine,  as  amended  by  chapter  two  hundred  and 
sixteen  of  the  acts  of  the  vear  nineteen  hundred  and  ten,  is 
hereby  further  amended  by  inserting  after  the  word  "April", 
in  the  ninth  line,  the  words:  —  whether  such  property  is  held 
by  said  trust  company  singly  or  jointly  with  others,  —  so  as 
to  read  as  follows:  —  Section  37.     Every  domestic  trust  com-  Returns  and 
pany  incorporated  subsequent  to  the  twenty-eighth  day  of  trust'coin- 
May  in  the  year  eighteen  hundred  and  eighty-eight  and  sub-  p**"'^ 
ject  to  the  provisions  of  chapter  one  hundred  and  sixteen  of 
the  Revised  Laws   and    acts  in   amendment   thereof,   shall 
annually,  between  the  first  and  tenth  days  of  April,  make  a 
return  to  the  tax  commissioner,  signed  and  sworn  to  by  some 
officer  of  the  corporation,  of  all  personal  property  held  upon 


les. 


372  Acts,  1911.  — Chap.  381. 

any  trust  on  the  first  day  of  April,  wlietlier  such  property 
is  })el(l  l)y  said  trust  eoinpauy  singly  or  jointly  with  others, 
which  \\  ould  be  liable  to  taxation  if  held  by  any  other  trustee 
residing  in  this  commonwealth,  the  name  of  each  city  and 
town  in  this  commonwealth  where  any  beneficiaries  resided 
on  said  day,  the  aggregate  amount  of  such  })roperty  then  held 
for  all  the  beneficiaries  resident  in  each  of  such  ])laces,  and 
also  the  aggregate  amount  held  for  beneficiaries  not  resident 
in  this  commonwealth.  Such  company  shall  annually  pay 
to  the  treasurer  and  receiver  general  a  tax  to  be  assessed  by 
the  tax  commissioner  upon  the  total  value  of  such  personal 
property  held  in  trust  at  the  rate  determined  by  him  under 
the  provisions  of  section  forty-three. 
I'-^s^'pani  Section  2.     Clause  Fifth  of  section  twenty-three  of  Part 

ameuded.    '      I  of  said  cliaptcr  four  hundred  and  ninety  is  hereby  amended 
by  inserting  after  the  word  "trustee",  in  the  second  line,  the 
words:  —  except  as  provided  in  section  thirty-seven  of  Part 
Assesstnent       jjj  —  g^  ^^  ^^  j.^,r^j  gy  f ollows :  —  Fifth,  Pcrsoual  propertv 

of  trust  prop-  '     _  ,       .     .  r       i  >j 

erty.  held  in  trust  by  an  executor,  admnnstrator  or  trustee,  exce})t 

as  provided  in  section  thirty-seven  of  Part  111,  the  income 
of  which  is  payable  to  another  person,  shall  be  assessed  to 
the  executor,  administrator  or  trustee  in  the  city  or  town  in 
which  such  other  person  resides,  if  within  the  commonwealth; 
and  if  he  resides  out  of  the  commonwealth  it  shall  be  assessed 
in  the  j)lace  where  the  executor,  adniinistnitor  or  trustee 
resides;  and  if  there  are  two  or  more  executors,  administrators 
or  trustees  residing  in  different  i)laces,  the  property  shall  be 
assessed  to  them  in  e(pial  portions  in  such  places,  and  the 
tax  thereon  shall  be  paid  out  of  said  income.  If  the  executor, 
administrator  or  trustee  is  not  an  inhabitant  of  the  common- 
wealth, it  shall  be  assessed  to  the  person  to  whom  the  income 
is  payable,  in  the  place  where  he  resides,  if  it  is  not  legally 
taxed  to  an  executor,  administrator  or  trustee  under  a  testa- 
mentary trust  in  any  other  state. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Appruiwd  May  1,  1011. 

C1>ap,\]S^  An  Act  kelative  to  the  tenure  of  office  for  superin- 
tendents OF  school  unions. 

Be  it  enacted,  etc.,  a.v  foIJows: 

R.  L.  42,  §44,       Section  1.     Section  forty-four  of  chapter  fortv-two  of  the 

amended.  i->        •        i    t  •       i  i  '  i      i     i  •!  •  '  i         /• 

J (e Vised  Laws  is  hereby  ameutUMl  hy  stnknig  out  the  nrst 
sentence;  by  striking  out  the  words  "choose  by  ballot",  in 


Acts,  1911.  — Chap.  385.  .373 


the  seventh  hue,  and  inserting  in  place  thereof  the  word :  — 
employ,  —  and  by  adding  at  the  end  of  the  section  the 
words :  —  Such  superintendent  of  schools  shall  be  employed 
for  a  term  of  three  years,  and  his  salary  shall  not  be  reduced 
during  such  term.  Failure  of  a  superintendent  during  his 
term  of  office  to  receive  a  certificate  as  provided  by  chapter 
two  hundred  and  fifteen  of  the  acts  of  the  year  nineteen 
hundred  and  four,  upon  the  expiration  of  a  prior  certificate, 
shall  thereby  vacate  his  office.  He  may  be  removed  from 
office  by  a  two  thirds  vote  of  the  full  membership  of  the  joint 
committee,  and  with  the  consent  of  the  board  of  education 
to  such  dismissal,  whereupon  his  salary  shall  cease,  —  so  as 
to  read  as  follows:  —  Section  44-  The  joint  committee  shall  f3ent"  of 
annually,  in  April,  meet  at  a  day  and  place  agreed  upon  by  ^c^\co\ 
the  chairman  of  the  committees  of  the  several  towns  compris- 
ing the  union,  and  shall  organize  by  the  choice  of  a  chairman 
and  secretary.  They  shall  employ  a  superintendent  of' 
schools,  determine  the  relative  amount  of  service  to  be 
performed  by  him  in  each  town,  fix  his  salary,  apportion 
the  amount  thereof  to  be  paid  by  the  several  towns  and  cer- 
tify it  to  each  town  treasurer.  Such  superintendent  of  schools 
shall  be  employed  for  a  term  of  three  years,  and  his  salary 
shall  not  be  reduced  during  such  term.  Failure  of  a  super- 
intendent during  his  term  of  office  to  receive  a  certificate  as 
provided  by  chapter  two  himdred  and  fifteen  of  the  acts  of 
the  year  nineteen  hundred  and  four,  upon  the  expiration  of 
a  prior  certificate,  shall  thereby  vacate  his  office.  He  may 
be  removed  from  office  by  a  two  thirds  vote  of  the  full  mem- 
bership of  the  joint  committee,  and  with  the  consent  of  the 
board  of  education  to  such  dismissal,  whereupon  his  salary 
shall  cease. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  1,  1911. 

An  Act  making  appropriations  for  the  compensation  (J]i(i,y  335 

OF    CERTAIN    VETERANS    AND    PRISON    OFFICERS    WHO    HAVE 
RETIRED    FROM    THE    SERVICE    OF    THE    COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,   to  be  paid  out  of  the  treasury  of  the  common-  *'°"^' 
wealth  from  the  ordinary-  revenue,  for  the  purposes  specified, 
for  the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eleven,  to  wit:  — ■ 


874 


Acts,  1911.  — Chaps.  386,  387. 


Retired 
veterans. 


Retired 

prison 

officers. 


For  the  compensation  of  certain  veterans  of  the  civil  war 
formerly  in  the  service  of  the  commonwealth  and  now  retired 
from  that  service,  a  sum  not  exceeding  forty-three  thousand 
five  hundred  dollars. 

For  the  compensation  of  certain  prison  officers  formerly  in 
the  service  of  the  commonwealth  and  now  retired,  a  sum  not 
exceeding  six  thousand  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  2,  1911. 


Appropria- 
tion for  pur- 
cliasing  land 
for  the  nor- 
mal sfhool  at 
Bridgewater. 


Cha]?.i^S6  An  Act  making  an  appropriation  for  purchasing  land 

AND  BUILDING  A  DORMITORY  AT  THE  STATE  NORMAL  SCHOOL 
AT  BRIDGEWATER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sum  of  eighty-seven  thousand  five  hun- 
dred dollars  is  hereby  appropriated,  to  be  paid  out  of  the 
treasury  of  the  commonwealth  from  the  ordinary  revenue, 
for  the  purchase  of  land  and  the  erection  of  a  building  for  a 
dormitory,  and  for  a  power  plant,  for  the  state  normal  school 
at  Bridgewater,  as  provided  for  by  chapter  one  hundred  and 
thirty-seven  of  the  resolves  of  the  year  nineteen  hundred 
and  ten,  this  sum  to  be  in  addition  to  the  eighty-seven  thou- 
sand five  hundred  dollars  appropriated  by  chapter  six  hun- 
dred and  fifty-nine  of  the  acts  of  the  year  nineteen  hundred 
and  ten. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  2,  1011. 


Chaj).''^'&l  An  Act  making  an  appropriation  for  the  publication 

OF   A    RECORD    OF    MASSACHUSETTS    SOLDIERS    AND    SAILORS 
WHO   SERVED   IN  TFIE   WAR   OF  THE   REBELLION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sum  of  twelve  thousand  dollars  is  hereby 
appropriated,  to  be  paid  out  of  the  treasury  of  the  common- 
wealth from  the  ordinary  revenue,  for  expenses  in  connection 
with  the  publication  of  a  record  of  Massachusetts  troops  and 
officers,  sailors  and  marines  in  the  war  of  the  rebellion,  ft)r 
the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundrefl  and  eleven. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  J,  1011. 


Appropria- 
tion, record 
of  Massachu- 
setts soldiers, 
etc. 


Acts,  1911.  — Chap.  388.  375 


An  Act  to  regulate  the  sale  of  commercial  fertilizers.  Chap.'^SS 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     No   commercial   fertilizer   shall   be   sold   or  saieof 
offered  or  exposed  for  sale  in  this  commonwealth  without  fertilizers. 
a  plainly  printed  label  accompanying  it,  displayed  in  the 
manner  hereinafter  set  forth,  and  truly  stating  the  following 
particulars:  — 

1.  The  number  of  pounds  of  the  fertilizer  sold  or  offered 
or  exposed  for  sale. 

2.  The  name,  brand  or  trade-mark  under  which  the  fer- 
tilizer is  sold,  and,  in  the  case  of  agricultural  lime,  its  par- 
ticular form. 

3.  The  name  and  principal  address  of  the  manufacturer, 
importer  or  other  person  putting  the  fertilizer  on  the  mar- 
ket in  this  commonwealth. 

4.  The  minimum  percentage  of  each  of  the  following  con- 
stituents which  the  fertilizer  may  contain:  (a)  nitrogen,  (b) 
phosphoric  acid  soluble  in  distilled  water,  (c)  available  phos- 
phoric acid,  (d)  total  phosphoric  acid,  (e)  potash  soluble  in 
distilled  water;  except  that  in  the  case  of  undissolved  bone, 
untreated  phosphate  rock,  tankage,  pulverized  natural  ma- 
nures, the  ground  seeds  of  plants,  and  wood  ashes,  when 
sold  unmixed  with  other  substances,  the  minimum  percentage 
of  total  phosphoric  acid  therein  may  be  stated  in  place  of 
the  percentages  of  soluble  and  available  phosphoric  acid; 
and  except  that  in  the  case  of  agricultural  lime  the  label 
shall  truly  state  the  following:  (a)  minimum  and  maximum 
percentage  of  total  lime,  (b)  minimum  and  maximum  per- 
centage of  total  magnesia,  (c)  minimum  percentage  of  lime 
and  magnesia  combined  as  carbonates,  (d)  minimum  per- 
centage of  lime  sulphate  in  gypsum  or  land  plaster. 

5.  If  any  part  of  the  nitrogen  contained  in  the  fertilizer 
is  derived  from  pulverized  leather,  raw^  roasted  or  steamed; 
or  from  untreated  hair,  wool  waste,  peat,  garbage  tankage, 
or  from  any  inert  material  whatsoever,  the  label  shall  truly 
state  the  specific  material  or  materials  from  which  such  part 
of  the  nitrogen  is  derived. 

Section  2.     When  any  fertilizer  is  sold  or  offered  or  ex-  Label  to  be 
posed  for  sale  in  packages,  the  label  shall  be  affixed  in  a 
conspicuous  place  on  the  outside  thereof.     When  any  fer- 
tilizer, other  than  the  product  of  gas-houses,  known  as  gas- 
house  lime,  is  offered  or  exposed  for  sale  in  bulk  the  label 


37G 


Acts,  1911.  — Chap.  388. 


Provisions 
of  label. 


Violation  of 
act. 


True  copy  of 
label  to  be 
filed,  etc. 


shall  be  affixed  in  a  conspicuous  place  to  the  bin  or  other 
enclosure  in  which  the  fertilizer  is  contained  but  need  not 
state  the  number  of  pounds  thereof.  And  when  any  fer- 
tilizer other  than  gas-house  lime  aforesaid  is  sold  in  bulk 
the  label  shall  be  affixed  in  a  conspicuous  place  to  the  car  or 
other  vehicle  in  which  the  fertilizer  is  shipped  or  delivered 
and  shall  state  the  number  of  ])()unds  thereof.  When  any 
fertilizer  is  sold  in  packages  furnished  by  the  purchaser  the 
seller  shall  furnish  the  labels  therefor. 

Section  3.  The  provisions  of  the  printed  label  required 
by  this  act  relating  to  the  constituents  contained  in  any  fer- 
tilizer shall  be  known  and  recognized  as  the  guaranteed  analy- 
sis of  such  fertilizer,  and  the  available  phosphoric  acid  in 
basic  phosphatic  slag  shall  be  stated  in  the  label  thereof  on 
the  basis  of  the  results  of  an  analysis  by  the  Wagner  Method, 
so-called,  until  such  time  as  the  Association  of  Official  Agri- 
cultural Chemists  of  North  America  shall  adopt  a  method  of 
analysis  for  basic  phosphatic  slag,  after  which  the  available 
phosphoric  acid  shall  be  stated  on  the  basis  of  an  analysis 
by  the  method  of  said  association. 

Section  4.  Any  manufacturer,  importer,  or  other  person 
selling  or  offering  or  exposing  for  sale  in  this  commonwealth 
a  commercial  fertilizer  or  brand  of  conuuercial  fertilizer,  any 
constituent  part  of  which  is  of  a  smaller  percentage  than  it 
is  stated  to  be  in  the  label  of  said  fertilizer,  and  any  manu- 
facturer, importer,  or  other  person  selling  or  offering  or 
exposing  for  sale  in  this  commonwealth  a  fertilizer  or  brand 
of  fertilizer  with  a  label  which  is  untrue  in  any  particular, 
shall  be  deemed  to  have  committed  a  violation  of  this  act. 

Section  5.  No  manufacturer,  importer,  or  other  person 
shall  sell  or  offer  or  expose  for  sale  in  this  commonwealth 
any  commercial  fertilizer  imtil  he  shall  have  filed  with  the 
director  of  the  Massachusetts  Agricultural  Experiment  Sta- 
tion a  copy  certified  by  him  to  be  a  true  copy  of  the  label 
recjuired  by  this  act,  excepting  the  item  as  to  the  number  of 
pounds,  for  every  brand  of  fertilizer  to  be  sold  or  offered  or 
exposed  for  sale  in  this  commonwealth,  and  shall  have  paid 
to  the  said  director  an  annual  analvsis  fee  for  everv  brand 
aforesaid  as  follows:  eight  dollars  for  nitrogen,  eight  dollars 
for  phosphoric  acid,  eight  dollars  for  potash  contained  or 
stated  to  be  contained  in  any  such  brand  of  fertilizer,  and 
twelve  dollars  for  every  brand  of  agricultural  lime  except 
gas-house  lime.  The  certified  copy  of  the  label  of  every  brand 
of  fertilizer  to  be  sold  or  offered  or  exposed  for  sale  in  this 


Acts,  1911.  — Chap.  388.  377 

commonwealth  shall  be  filed  with,  and  the  proper  analysis 
fee  for  every  such  brand  shall  be  paid  to,  the  director  of  the 
Massachusetts  Agricultural  Experiment  Station  prior  to  the 
first  day  of  January  of  the  calendar  year  in  which  the  brand 
is  to  be  sold  or  offered  or  exposed  for  sale.  But  should  a 
manufacturer,  importer,  or  other  person  desire  in  any  year 
to  sell  or  to  offer  or  expose  for  sale  in  this  commonwealth 
any  brand  of  commercial  fertilizer  in  respect  of  which  the 
requirements  of  this  section  as  to  the  filing  of  a  copy  of  the 
label  thereof  and  the  payment  of  the  analysis  fee  therefor 
have  not  been  complied  with  before  the  first  day  of  January 
of  said  year,  the  said  manufacturer,  importer  or  other  person 
may  offer  or  expose  for  sale  and  sell  the  said  brand  in  this 
commonwealth  upon  filing  a  certified  copy  as  aforesaid  of 
the  label  thereof  and  paying  the  full  analysis  fee  therefor. 
No  agent  or  other  person  shall  be  obliged  to  file  a  copy  of 
the  label  of,  or  pay  an  analysis  fee  for,  any  brand  of  fertilizer 
for  which  a  certified  copy  of  the  label  has  been  filed  and  the 
analysis  fee  has  been  paid  by  the  manufacturer  or  importer 
of  such  brand. 

Any  manufacturer,  importer,  or  other  person  filing  with  False  copy 
the  director  of  the  Massachusetts  Agricultural  Experiment  ''*''''^'^i- 
Station  a  false  copy  of  the  printed  label  of  any  fertilizer  or 
brand  of  fertilizer  shall  be  deemed  to  have  committed  a 
violation  of  this  act. 

Section  6.     When  both  the  certified  copy  of  the  label  of  certificate 

,  01  nling  of 

any  brand  of  fertilizer  has  been  filed  and  the  analysis  fee  labei. 
therefor  has  been  paid  as  provided  in  section  five  of  this  act, 
the  director  of  the  Massachusetts  Agricultural  Experiment 
Station  shall  issue  or  cause  to  be  issued  a  certificate  to  that 
effect;  and  the  certificate  shall  be  deemed  to  authorize  the 
sale  in  this  commonwealth,  in  compliance  with  this  act,  of 
the  brand  of  fertilizer  for  which  the  certificate  is  issued,  up 
to  and  including  the  thirty-first  day  of  December  of  the  year 
for  which  it  is  issued. 

Section  7.  Every  commercial  fertilizer  and  brand  of  Analysis, 
commercial  fertilizer  sold  or  offered  or  exposed  for  sale  in 
this  commonwealth  shall  be  subject  to  analysis  by  the  director 
of  the  Massachusetts  Agricultural  Experiment  Station  or  by 
his  duly  designated  deputy  or  deputies.  And  the  said 
director  is  hereby  authorized  and  it  is  made  his  duty  to 
make  or  cause  to  be  made  in  each  vear  one  or  more  analvses 
of  every  fertilizer  and  brand  of  fertilizer  sold  or  offered  or 
exposed  for  sale  in  this  commonwealth,  and  to  collect  the 


878  Acts,  1911.  — Chap.  388. 


Analysis.  annual  analysis  fee  provided  for  b\'  section  fi\e  of  this  act. 

The  said  director,  his  inspectors  and  deputies,  are  further 
authorized  to  enter  upon  any  premises  where  any  commercial 
fertilizer  is  sold  or  offered  or  exposed  for  sale  to  ascertain  if 
the  provisions  of  this  act  are  complied  with,  and  to  take 
samples  for  analysis  as  provided  for  by  this  act.  Tlie  analy- 
sis of  all  fertilizers  shall  be  made  by  the  methods  adopted  by 
the  Association  of  Official  Agricultural  Chemists  of  North 
America,  except  that  basic  phosphatic  slag  may  be  analyzed 
by  the  Wagner  ]\Iethod,  so-called,  until  a  method  of  analysis 
therefor  is  adopted  by  said  association.  The  said  director 
shall  have  the  right  to  publish  or  cause  to  be  published  in 
reports,  bulletins,  special  circulars  or  otherwise,  the  results 
obtained  by  said  analyses,  and  in  connection  therewith  shall, 
in  each  case,  state  the  cost  of  equivalent  amounts  of  nitrogen, 
phosphoric  acid  and  potash  in  unmixed  materials  when  bought 
for  cash  on  the  market  at  retail.  Said  reports,  bulletins, 
circulars,  or  other  publications  shall  also  contain  such  addi- 
tional information  in  relation  to  the  character,  comjjosition, 
value  and  use  of  the  fertilizers  analyzed  as  the  said  director 
in  his  discretion  may  see  fit  to  include.  The  said  director 
may  at  any  time  make  or  cause  to  be  made  for  any  person 
a  free  analysis  of  any  commercial  fertilizer  or  brand  of  com- 
mercial fertilizer  sold  or  offered  or  exposed  for  sale  in  this 
commonwealth,  but  he  shall  not  be  obliged  to  make  such  free 
analysis,  or  to  cause  the  same  to  be  made,  unless  the  samples 
therefor  are  taken  and  submitted  in  accordance  with  the  rules 
and  regulations  which  may  be  prescribed  by  him.  The 
results  of  any  analysis  made  in  accordance  with  the  provi- 
sions of  this  act,  except  a  free  analysis  as  aforesaid,  shall  be 
sent  by  the  director  to  the  person  named  in  the  printed  la))el 
of  the  fertilizer  analyzed  at  least  fifteen  days  before  any  pub- 
lication thereof. 
Taking  of  Section  H.     All  samples  of  commercial  fertilizers  taken 

sainiies,  e  .  ^^^^  auaK'sis  shall  be  of  not  less  than  substantially  one  ami 
one  half  pounds  in  weight,  and  every  sample  shall  be  taken, 
whenever  the  circumstances  conveniently  permit,  in  the  pres- 
ence of  the  person  selling  or  offering  or  exposing  for  sale  the 
fertilizer  sampled,  or  of  a  representative  of  such  person. 
Broken  ])ackages  shall  not  be  sanijiled,  and  all  samples  shall 
be  taken  from  substantially  ten  per  cent  of  the  fertilizer  to 
be  sampled,  except  that  in  the  case  of  a  fertilizer  soKl  or 
offered  or  exposed  for  sale  in  bulk  ten  single  sam])les  shall 
be  taken  from  as  many  dilferent  portions  of  the  lot.     All 


Acts,  1911.  — Chap.  388.  379 

samples  taken  shall  be  thoroughly  mixed  and  divided  into 
two  nearly  equal  samples,  placed  in  suitable  vessels,  and 
marked  and  sealed.  Both  shall  be  retained  bv  the  director, 
but  one  shall  be  held  intact  by  him  for  the  period  of  one 
year  at  the  disposal  of  the  person  named  in  the  label  of  the 
fertilizer  sampled. 

Section  9.  Any  person  hindering;  or  obstructing  the  Penalty. 
director  of  the  Massachusetts  Agricultural  Experiment  Sta- 
tion, or  any  inspector  or  deputy  of  the  said  director,  in  the 
discharge  of  the  authority  or  duty  conferred  or  imposed  by 
any  provision  of  this  act  and  any  person  violating  any  pro- 
vision of  sections  one,  two,  three,  four  and  five  of  this  act 
shall  be  fined  not  less  than  fifty  dollars  and  not  more  than 
two  hundred  dollars  for  each  offence.     It  shall  be  the  dutv  Duty  of  the 

*     (iirGCtor  etc 

of  the  said  director  to  see  that  the  provisions  of  this  act  are 
complied  with,  and  he  may,  in  his  discretion,  prosecute  or 
cause  to  be  prosecuted  any  person  violating  any  provision 
of  this  act.  But  no  complaint  based  upon  an  analysis  of 
samples  shall  be  made  for  any  such  violation,  if  the  samples 
were  taken  otherwise  than  as  provided  in  this  act.  And  no 
complaint  shall  be  made  for  a  failure  of  any  fertilizer  or  brand 
of  fertilizer  to  meet  the  guaranteed  analysis  thereof  if  the 
analysis  of  such  fertilizer  made  by  the  director,  or  by  his 
deputy  or  deputies,  shows  the  amounts  of  the  constituents 
thereof  to  be  substantially  equivalent  to  the  percentages 
stated  in  the  label  of  the  fertilizer. 

Section  10.  All  fees  collected  by  the  director  of  the  Fees. 
Massachusetts  Agricultural  Experiment  Station  under  the 
provisions  of  this  act  shall  be  turned  over  by  him  to  the 
treasurer  of  the  said  station,  and  the  amounts  received  and 
disbursed  shall  be  kept  in  a  separate  account,  and  shall  be 
audited  and  reported,  as  are  other  moneys  placed  in  charge 
of  the  trustees  of  the  Massachusetts  Agricultural  College. 
The  money  collected  under  the  provisions  hereof  shall  be 
used  under  the  authority  of  the  said  director  to  meet  the 
expenses  incurred  in  carrying  out  the  provisions  of  the  act, 
and  should  there  be  a  surplus,  the  surplus  shall  be  used  in 
the  Massachusetts  Agricultural  Experiment  Station,  under 
the  authority  of  its  director,  for  experiments  and  research 
relative  to  soils,  fertilizers  and  manures. 

Section  U.     In  this  act  unless  the  context  or  subject-  Certain  terms 

.  .  ■'  denned. 

matter  otherwise  requu'es, 

"Agricultural  lime"  includes  all  the  various  forms  of  lime 
intended  or  sold  for  fertilizing  purposes. 


380 


Acts,  1911.  — Chap.  888. 


Certain  terms 
defined. 


Repeal. 


Time  of 
taking  effect. 


"Available  phosphoric  acid"  means  the  sum  of  the  soluble 
and  reverted  phosphoric  acid,  except  that,  as  applied  to 
basic  phosphatic  slag,  the  term  "available  phosphoric  acid" 
shall  mean  that  part  of  the  phosphoric  acid  made  soluble  by 
the  Wagner  Method,  so-called,  until  such  time  as  the  Asso- 
ciation of  Official  Agricultural  rhemists  of  North  America 
shall  adopt  a  method  for  })asic  phos])hatic  slag,  after  which 
it  shall  mean  that  part  of  the  phosphoric  acid  made  soluble 
by  the  method  of  said  association. 

"Brand"  means  any  commercial  fertilizer  distinctive  by 
reason  of  name,  trade-mark  or  guaranteed  analysis,  or  by 
any  method  of  marking. 

"Commercial  fertilizer"  includes  every  natural  or  artificial 
manure  containing  nitrogen  or  phosphoric  acid  or  potash  or 
lime,  except  the  excrements  and  litter  from  domestic  animals 
when  sold  in  their  natural  state;  but  dried  or  partly  dried 
manure,  pulverized  or  ground,  shall  be  included  as  a  com- 
mercial fertilizer. 

"Copy"  means  certified  copy. 

"Fertilizer"  means  commercial  fertilizer. 

"Importer"  means  a  person  who  procures  for  sale  in  this 
commonwealth  commercial  fertilizers  made  in  other  states 
or  countries. 

"Label"  means  printed  label. 

"Lime"  means  calcium  oxide  (CaO). 

"Magnesia"  means  magnesium  oxide  (MgO). 

"Packages"  includes  sacks  and  bags  and  all  other  recep- 
tacles. 

"Person"  includes  a  corporation  or  partnership  or  two  or 
more  persons  having  a  joint  or  common  interest. 

"Phosphoric  acid"  means  phosphoric  anhydrid  (PjO;-,). 

"Potash"  means  potassium  oxide  (K.O). 

Section  12.  Sections  eleven  to  seventeen  inclusive  of 
chapter  fifty-seven  of  the  Revised  Laws  and  chapter  two 
hundred  and  eighty-nine  of  the  acts  of  the  year  nineteen 
hundred  and  seven  are  hereby  rejx'aled. 

Section  13.  This  act  shall  take  effect  on  the  first  day  of 
December  in  the  year  nineteen  hundred  and  eleven. 

Approved  May  4,  1011. 


Acts,  1911.  — Cilu's.  389,  890,  891.  381 


An  Act  to  authorize  trust  companies  to  invest  certain  Chaf).389 

OF   THEIR   FUNDS   OR   ASSETS. 

Be  it  enacted,  etc.,  as  follows: 

Every  trust  company  is  hereby  aiithorlzefl  to  invest  the  Trust  com- 
funds  or  assets  which  it  may  receive  and  hold  as  executor,  vesuerudn 
administrator,  administrator  with  the  will  annexed,  receiver,  assets.'*"*^ 
assignee,  guardian,  trustee  or  conservator,  in  the  same  way, 
to  the  same  extent,  and  under  the  same  restrictions  as  an 
individual  holding  a  similar  position  may  invest  such  funds 
or  assets.  Approved  May  4,  1911. 


An  Act  to  authorize  the  Plymouth  and  sandwich  street  Chan.3^0 
railway   company   to   discontinue   temporarily   the 
operation  of  part  of  its  road. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  Plymouth  and  Sandwich  Street  Railway  The  Plymouth 
Company  is  hereby  authorized  to  discontinue  temporarily  with  street 
the  operation  of  such  part  of  its  road  from  the  first  day  of  company  mav 
November  to  the  first  day  of  April  of  each  year  as  may  be  '^.JfrTof  Us'^ 
authorized  from  time  to  time  by  the  board  of  railroad  com-  road, 
missioners  after  public  notice  and  public  hearing. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  4,  1911. 

An  Act  relative  to  the  compensation  of  dog  officers.  (JJi^j^  39^ 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  hundred  and  forty-three  of  chap-  r.  l.  103, 
ter  one  hundred  and  two  of  the  Revised  Laws,  as  amended  amended?' 
by  section  one  of  chapter  two  hundred  and  forty  of  the  acts 
of  the  year  nineteen  hundred  and  seven  and  by  chapter  one 
hundred  and  eighty-two  of  the  acts   of  the  year  nineteen 
hundred  and  eight  and  by  chapter  six  hundred  and  twenty- 
nine  of  the  acts  of  the  year  nineteen   hundred  and  ten,  is 
hereby  further  amended  by  striking  out  the  words  "during 
the  term  of  their  employment,"  in  the  seventeenth  and  eight- 
eenth lines,  and  inserting  in  place  thereof  the  words:  —  for 
the  time  actually  employed,  —  so  as  to  read  as  follows:  — 
Section  I4.3.     The  mayor  of  each  city  and  the  chairman  of  Jj'g'J^J'^l** 
the  selectmen  of  each  town  shall  annually,  within  ten  days  tilled,  etc. 


382  Acts,  1011.  — Chap.  302. 

after  tlic  first  day  of  .h\\y,  issue  a  warrant  to  one  or  more 
police  officers  or  constables,  wlio  shall  hold  office  for  one 
year  or  until  his  or  their  successor  or  successors  are  ai)])ointed 
and  cjualific*!,  din^cting  them  forthwith  to  kill  (jr  cause  to 
be  killed  all  dogs  within  such  city  or  town  which  are  not 
licensed  and  collared  according  to  the  provisions  of  this 
chapter,  and  to  enter  complaint  against  the  owners  or  keepers 
thereof;  and  any  person  may,  and  every  police  officer  and 
constable  shall,  kill  or  cause  to  be  killed  all  such  dogs  when- 
ever or  wherever  found.  Such  officers,  other  than  those 
emplox'ed  under  regular  pay,  shall  receive  from  the  treasurers 
of  their  respective  cities  or  towns  one  dollar  for  each  dog  so 
destroyed;  except  that  in  cities  of  twenty-five  thousand  in- 
habitants, or  more,  they  shall  be  ])aid  the  same  wages  per 
diem  for  the  time  actually  employed  which  the  regular 
Payment  of  police  officers  of  such  citics  receive.  Bills  for  such  services 
shall  be  approved  l)y  the  mayor  of  the  city  or  chairman  of  the 
selectmen  of  the  town  in  which  said  dogs  arc  destroyed,  and 
in  cities  and  towns  in  the  county  of  Suffolk  shall  be  i)ai(l 
from  moneys  received  under  the  provisions  of  this  chapter 
relating  to  dogs.  The  cities  and  towns  in  other  counties 
shall  be  reimbursed  by  the  treasurers  of  their  respective 
counties  from  the  moneys  received  under  such  provisions. 
Section  2.     This  act  shall  take  effect  ui)on  its  passage. 

Approccd  May  4,  llJll. 

Ch(ip.'M)'2i  An  Act  uki.ative  to  the  payment  of  damac.es  caused  by 

THE  WORRYING,  MAIMING  OH  KILLING  OF  DOMESTIC  ANIMALS 
I?Y    DOGS. 

Be  it  enacted,  etc.,  as  follotcs: 

H.  L.  102,  Section  one  hundred  and  fifty-one  of  chajiter  one  hundred 

amended."  and  two  of  the  Rcvised  Laws,  as  amended  by  clia])tcr  one 
hnndred  of  the  acts  of  the  year  nineteen  hundred  and  three, 
and  by  chapter  two  hundred  and  eighty-three  of  the  acts 
of  the  year  nineteen  hundred  and  four,  is  hereby  further 
amended  f)y  striking  out  the  words  "The  treasurer  shall  pay 
all  orders  drawn  ui)on  him  f\)r  the  above  purpose  in  full  on 
or  after  the  first  day  of  -Inly  in  each  year  if  the  amount  in 
his  hands  standing  to  the  (Tcdit  of  the  dog  fund  is  sufllicient 
therefor;  otherwise,  he  shall  pay  such  amount  pro  rata  upon 
such  orders  in  full  discharge  thereof  on  deman*!".  in  the 
thirtv-fourth  to  the  thirtv-ninth  lines,  both  inclusive,  and 


Acts,  1911.  — Chap.  392.  383 

insertinjjj  in  place  thoreof  tlie  followins;:  —  "^riie  tro.isurer  sliall 
pay  all  orders  drawn  upon  him  in  full,  for  the  above  purpose, 
out  of  any  money  in  the  county  treasury  and  payments 
made  therefor  shall  be  charged  to  the  dog  fuinl,  —  so  as 
to  read  as  follows:  —  Seciion  151.  Whoever  suffers  loss  by  Payment  of 
the  worrying,  maiming  or  killing  of  his  sheep,  lambs,  fowls  ages,  etc. 
or  other  domestic  animals  by  dogs,  outside  the  enclosure  of 
the  owners  or  keepers  of  such  dogs,  may,  if  the  damage  is 
done  in  a  city,  inform  the  officer  of  police  of  said  city  who 
shall  be  designated  to  receive  such  information  by  the 
authority  appointing  the  police,  and,  if  the  damage  is  done 
in  a  town,  may  inform  the  chairman  of  the  selectmen  of  the 
town  wherein  the  (famage  was  done,  who  shall  proceed  to 
the  premises  where  the  damage  was  done  and  determine 
whether  the  same  was  inflicted  by  dogs,  and  if  so,  appraise 
the  amount  thereof  if  it  does  not  exceed  twenty  dollars.  If 
in  the  opinion  of  said  officer  of  police  or  chairman  the  amount 
of  said  damage  exceeds  twenty  dollars,  the  damage  shall  be 
appraised,  under  oath,  by  three  persons,  of  wdiom  one  shall 
be  such  officer  of  police  or  chairman,  one  shall  be  ajipointed 
by  the  person  alleged  to  be  damaged,  and  the  third  shall  be 
appointed  by  the  other  two.  The  said  appraisers  shall  also 
consider  and  include  in  such  damages  the  labor  and  time 
necessarily  expended  in  the  finding  and  collecting  of  the 
sheep,  lamUs,  fowls  or  other  domestic  animals  so  injured  or 
separatcfl  and  the  value  of  those  lost  or  otherwise  damaged 
by  dogs.  The  said  officer  of  police  or  chairman  shall  return 
a  certificate  of  the  damages  found,  except  in  the  county  of 
Suffolk,  to  the  treasurer  of  the  county  in  which  the  damage 
is  done,  wdthin  ten  days  after  such  appraisal  is  made.  The 
treasurer  shall  thereupon  submit  the  same  to  the  county 
commissioners,  who,  within  thirty  days,  shall  examine  all 
such  bills,  and  if  any  doubt  exists,  may  summon  the  apprais- 
ers and  all  parties  interested  and  make  such  examination  as 
they  may  think  proper,  and  shall  issue  an  order  upon  the 
treasurer  of  the  county  in  which  the  damage  was  done  for 
such  amount,  if  any,  as  they  decide  to  be  just.  The  treasurer 
shall  pay  all  orders  drawn  upon  him  in  full,  for  the  above 
purpose,  out  of  any  money  in  the  county  treasury  and  pay- 
ments made  therefor  shall  be  charged  to  the  dog  fund.  The  Compensation 
appraiser  shall  receive  from  the  county,  or  in  the  county  of  etc. 
Suffolk,  from  the  city  or  town  treasurer,  out  of  the  money 
received  under  the  provisions  of  this  chapter  relating  to  dogs, 
one  dollar  each  for  every  such  examination  made  by  them,  and 


384  Acts,  1911.  — Chaps.  :393,  894. 

also  twenty  cents  a  mile  one  way  for  their  necessary  travel; 
and  the  officer  or  the  chairman  of  selectmen  acting  in  the 
case  shall  receive  twenty  cents  a  mile  one  way  for  his  neces- 
sary travel.  Approved  May  4,  1011. 

Chfq).'Sd3  An  Act  making  an  appropriation  for  the  Massachusetts 

INSTITUTE   OF   TECHNOLOGY. 

Be  it  enacted,  etc.,  as  follows: 
Massachusetts       SECTION  1.     The  Slim  of  twcntv-niiic  thousand  dollars  is 

Institute  of  ,  •  1  1  •  1     '  f      1  PI 

Technology.      hercDv  appropriated,  to  be  paid  out  oi  the  treasury  oi  the 
commonwealth  from  the  ordiiiar;^'  revenue,  to  the  INIassachu- 
setts  Institute  of  Technology. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  4,  1911. 


Cliap.''\S)^  An  Act  relative  to  the  care  of  persons  suffeihng 

FROM  CERTAIN  MENTAL  DISORDERS  PENDING  THEIR  ADMIS- 
SION  OR  COMMITMENT  TO  APPROPRIATE  INSTITUTIONS. 

Be  it  enacted,  etc.,  as  follows: 
Ceiiaiii  i)er-  Xo  porsou  suffcriiig  from  insanitv,  mental  derangement, 

sons  sufleriMg       ,    ,.    .     '  i  i-       •  "         i    i-    •  i 

from  mental  dclinums,  or  meiital  contusion,  except  (ielirium  tremens  and 
to'Xedetaimd  (Iruiikeuness,  shall,  except  in  case  of  emergency,  be  placed 
n,  a  lockup,  ^^j.  detained  in  a  lockup,  police  station,  city  prison,  house  of 
detention,  jail  or  other  penal  institution,  or  place  for  the 
detention  of  criminals.  If,  in  case  of  emergency,  any  sucli 
person  is  so  placed  or  detained,  he  shall  forthwith  be  exam- 
ined by  a  physician  and  shall  be  furnished  suitable  medical 
care  and  nursing  and  shall  not  be  so  detained  for  more  than 
twelve  hours.  Any  such  })erson  not  so  placed  or  detained 
who  is  arrested  by  or  comes  under  the  care  or  j^rotection  of 
the  poliee,  and  any  other  such  ])erson  who  is  in  need  of  im- 
mediate care  and  treatment  which  cannot  be  provided  willi- 
out  public  expense,  shall,  except  in  the  city  of  Boston,  be 
cared  for  by  the  board  of  health  of  the  city  or  town  in  which 
Examination  sucli  pcrsou  may  bc.  Such  l)oard  of  health  shall  cause  such 
phj^sician.  l)ers<)n  to  be  examined  by  a  jjhysician  as  soon  as  jiossible, 
shall  furnish  him  with  suitable  medical  care  and  nursing, 
and  shall  cause  him  to  be  duly  admitted  or  committed  to 
an  institution  for  the  care  and  treatment  of  such  i)ersons, 
unless  he  should  recover  or  be  suital)ly  i)n)\ided  for  by  liis 
relatives  or  friends.  Reasonable  expenses  for  board,  lodg- 
ing, medical  care,  nursing,  clothing  and  all  other  necessary 


Acts,  11)11. —  Cuai'.  :}1)5.  385 

expenses  incurred  hy  the  board  of  health,  under  the  provi- 
sions of  this  act,  shall  be  allowed,  certified  and  paid  as  pro- 
vided l)y  section  forty-nine  of  chaj)ter  five  hundred  and  foin- 
of  the  acts  of  the  year  nineteen  hundred  and  nine,  as  amended 
by  chapter  four  hundred  and  twenty  of  the  acts  of  the  year 
nineteen  hundred  and  ten,  for  the  allowance,  certification 
and  payment  of  the  expenses  of  examination  and  commit- 
ment. Approved  May  4,  iOH- 

An  Act  relative  to  the  reception  and  temporary  care  nL.,..  '1(\k 
IN  certain  institutions  of  persons  suffering  from         ^  * 
mental  derangement. 

Be  it  enacted,  etc.,  as  follows: 

The  superintendent  or  manager  of  any  hospital  for  the  superin- 
insane,  public  or  private,  may,  when  requested  by  a  physi-  man!igers°of 
cian,  bv  a  member  of  the  board  of  health  or  a  police  officer  hospitals, 

1  A  GlC.     to  FGCGIVG 

of  a  city  or  town,  by  an  agent  of  the  institutions  registration  and  care  for 
department  of  the  city  of  Boston,  or  by  a  member  of  the  Ferin°gfrom 
district  police,  receive  and  care  for  in  such  hospital  as  a  "an"gement. 
patient,  for  a  period  not  exceeding  seven  days,  any  person 
who  needs  immediate  care  and  treatment  because  of  mental 
derangement  other  than  delirium  tremens  or  drunkenness. 
Such  request  for  admission  of  a  patient  shall  be  put  in  writ- 
ing and  filed  at  the  hospital  at  the  time  of  his  reception,  or 
within  twenty-four  hours  thereafter,  together  with  a  state- 
ment in  a  form  prescribed  or  approved  by  the  state  board 
of  insanity,  giving  such  information  as  said  board  may  deem 
appropriate.  Such  patient  who  is  deemed  by  the  superin- 
tendent or  manager  not  suitable  for  such  care  shall,  upon  the 
request  of  the  superintendent  or  manager,  be  removed  forth- 
with from  the  hospital  by  the  person  requesting  his  recep- 
tion, and,  if  he  is  not  so  removed,  such  person  shall  be  liable 
for  all  reasonable  expenses  incurred  under  the  ])rovisions  of 
this  act  on  account  of  the  patient  which  may  be  recovered 
by  the  hospital  in  an  action  of  contract.     The  superintendent  Examination 

I      II  ,  .  .   ,  ,  of  patients. 

or  manager  shall  cause  every  such  patient  either  to  be  ex- 
amined by  two  physicians,  qualified  as  provided  in  section 
thirty-two  of  chapter  five  hundred  and  four  of  the  acts  of 
the  year  nineteen  hundred  and  nine,  who  shall  cause  appli- 
cation to  be  made  for  his  admission  or  commitment  to  such 
hospital  or,  provided  he  does  not  sign  a  request  to  remain 
under  the  jirovisions  of  section  forty-five  of  said  chapter 
five  hundred  and  four,  to  be  removed  therefrom  before  the 


386  Acts,  1911.  — Chaps.  396,  397,  398. 


Payment  of      expiratioii  of  Said  period  of  seven  days.     Reasonable  expenses 
expenseb.  incuiTod  for  the  examination  of  tlie  patient  and  his  transporta- 

tion to  the  hospital  shall  be  allowed,  eertified  and  paid  as 
provided  by  section  forty-nine  of  said  chapter  five  hundred 
and  four,  as  amended  by  chapter  four  hundred  and  twenty 
of  the  acts  of  the  year  nineteen  hundred  and  ten,  for  the 
allowance,  certification  and  payment  of  the  expenses  of 
examination  and  commitment.         Approved  May  4,  1011. 

Chaj).'S96  An  Act  relative  to  the  support  of  certain  inmates  of 

THE   RUTLAND   STATE   SANATORIUM. 

Be  it  enacted,  etc.,  as  follows: 

Repeal.  SECTION  1.     Section  seven  of  chapter  eighty-eight  of  the 

Revised  Laws  and  sections  one  and  two  of  chapter  three 

hundred  and  seventy-eight  of  the  acts  of  the  year  nineteen 

hundred  and  nine,  in  amendment  thereof,  are  hereby  repealed. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  4,  1011. 

Chaj).<i^97  An  Act  relative  to  the  weight  of  a  barrel  of  potatoes. 

Be  it  enacted,  etc.,  as  folloivs: 
fj^p'  Section  three  of  chapter  sixtv-two  of  the  Revised  Laws, 

§3,  etc.,  ^  '  ,,  ' 

amended.  as  amended  by  chapter  one  hundred  and  fifteen  of  the  acts 
of  the  year  nineteen  hundred  and  two,  is  hereby  fiu'ther 
amended  by  striking  out  after  the  word  "and",  in  the  fourth 
line,  the  word  "seventy-two",  and  inserting  in  place  thereof 

Weight  of        ^\]^,  ^Yord:  —  sixtv-five,  —  so  as  to  read  as  follows:  ■ —  Sec- 

CPitain  com-  .  •  '  •  11  • 

modiiicb.  tio)i ,).     The  barrel  of  flour,  measured  by  weight,  shall  contain 

one  hundred  and  ninety-six  poiuids,  the  barrel  of  potatoes 
one  hundred  and  sixty-five  pounds,  and  the  barrel  of  sweet 
potatoes  one  hundred  and  fifty  pounds. 

Approved  May  4,  1011. 

Chajf.'SOS  An  Act  to  ratify  the  acts  of  the  town  of  lunenburg 
at  the  annual  town  meeting  in  the  current  year. 

Be  it  enacted,  etc.,  as  folloivs: 

ccriainartsof        Section  1.     Thc  clectiou  of  ofRccrs  aud  otlicr  proccediugs 

the  town  of  t  i  •  i  •  • 

LunonhurK  ))y  tlic  towu  of  Luneuburg  at  its  annual  town  meeting  in 
March,  nineteen  hundred  and  eleven,  shall  not  be  invalid 
by  reason  of  the  fact  that  the  warrant  for  the  said  meeting 


Acts,  1911.  — Chap.  399.  387 

did  not  specify  by  name  all  the  officers  to  be  voted  for,  or 
did  not  specify  the  time  for  closing  the  polls,  or  by  reason  of 
any  other  informality  in  the  warrant  for  or  conduct  of  said 
meeting. 

Section  2.     All  proper  acts  by  officers  elected  at  the  said  confirmed'.'^ 
meeting  are  hereby  confirmed  and  ratified. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  4,  1911. 


An  Act  to  promote  the  permanence  of  school  super-  (JJia2}.^99 

INTENDENCY   UNIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  forty-three  of  chapter  forty-two  of  fm^^/g^' ^ '*^' 
the  Revised  Laws  is  hereby  amended  by  striking  out  the 
words  "may,  and  after  the  first  day  of  July,  in  the  year 
nineteen  hundred  and  two",  in  the  eighth  and  ninth  lines, 
by  inserting  after  the  word  "schools",  in  the  tenth  line, 
the  words :  — •  The  school  committees  of  such  towns  shall  be 
a  joint  committee  which,  for  the  purposes  of  such  union, 
shall  be  the  agents  of  each  town  therein,  —  by  striking  out 
the  words  "for  three  years  after  the  date  of  its  formation", 
and  the  word  "a",  in  the  eleventh  line,  and  by  inserting 
after  the  word  "union",  in  the  twelfth  line,  the  words:  — 
and  the  consent  of  the  board  of  education  to  such  dissolu- 
tion, —  so  as  to  read  as  follows:  —  Section  A3.     The  school  union  of 

.  f.  1  1  •  p  1        r   towns  for 

committees  of  two  or  more  towns  the  valuation  of  each  oi  employment 
which  is  less  than  two  million  five  hundred  thousand  dollars,  tendents  of 
and  the  aggregate  number  of  schools  in  all  of  which  is  not  '^'^^'**'''*- 
more  than  fifty  nor  less  than  twenty-five,  and  the  school 
committees  of  four  or  more  towns  the  valuation  of  each  of 
which  does  not  exceed  two  million  five  hundred  thousand 
dollars,  without  reference  to  the  minimum  limit  in  the  aggre- 
gate number  of  schools  aforesaid,  shall  form  a  union  for  the 
purpose  of  employing  a  superintendent  of  schools.  The 
school  committees  of  such  towns  shall  be  a  joint  committee 
which,  for  the  purposes  of  such  union,  shall  be  the  agents  of 
each  town  therein.  Such  union  shall  not  be  dissolved  except 
by  vote  of  a  majority  of  the  towns  constituting  the  union, 
and  the  consent  of  the  board  of  education  to  such  dissolution, 
nor  shall  it  be  dissolved  for  the  reason  that  the  valuation  of 
any  one  of  the  towns  shall  have  so  increased  as  to  exceed  two 
million  five  hundred  thousand  dollars,  nor  for  the  reason 
that  the   number  of  schools   shall   have   increased   beyond 


insaue. 


388  Acts,  1911.  — CuArs.  dOU,  401. 

fifty  or,   ill   a    iinioii  of    less  than  four  towns,  shall   have 
decreased  helovv  twenty-five. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Aj) proved  May  Jf,  1011. 

ChapAOO  An  Act  relative  to  the  acquisition  by  private  cor- 
porations  OR  ASSOCIATIONS   OF   LAND   FOR  THE   CARE   OF 

THE   INSANE. 

Be  it  enacted,  etc.,  as  follows: 
Acquisition  of        SECTION  1.     No  association  now  or  hereafter  formed  for 

land  for  the  ... 

tare  of  the  tlic  carc  of  the  Hisane,  and  no  private  corporation  now  or 
hereafter  incorporated  for  the  care  of  the  insane  shall  acquire 
land  in  a  city  or  town  to  be  exempt  from  taxation  without 
the  consent  of  the  city  council  or  the  corresponding  body  in 
a  city  with  the  approval  of  the  mayor,  or  without  the  consent 
of  the  legal  voters  of  the  town  in  which  such  land  is  situated. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  4,  1911. 

Chcu)A01  An  Act  to  establish  the  boundary  line  between  the 

TOWNS   OF   DANA   AND   GREENWICH. 

Be  it  enacted,  etc.,  as  follows: 

nn "between  Section  1.     The  foUowiug  describcd  line  shall  hereafter 

the  towns  of      ^e  the  boundarv  line  between  the  towns  of  Dana  and  Green- 
Dana  and  •    1  ■r.      •     '  •  •  !•  1 

Greenwich.  wich:  —  Begmumg  at  a  granite  monument  standing  at  the 
corner  of  the  towns  of  Dana,  Greenwich  and  Prescott,  in 
latitude  forty-two  degrees,  twenty-five  minutes,  fifty-five  and 
sixty-eight  hundredths  seconds  north  and  longitude  se\enty- 
two  degrees,  sixteen  minutes,  fifty-four  and  ninety-nine  hun- 
dredths seconds  west;  thence  north  eighty  degrees,  forty- 
four  minutes  east,  true  bearing,  one  thousand  two  hundred 
feet  to  a  point  in  latitude  forty-two  degrees,  twenty-five 
minutes,  fifty-seven  and  fifty-nine  hundredths  seconds  north 
and  longitude  seventy-two  degrees,  sixteen  minutes,  thirty- 
nine  and  twenty  hundredths  seconds  west,  about  five  hun- 
dred feet  west  of  the  easterly  highway  between  North  Dana 
and  Greenwich  \'illage;  thence  south  seven  degrees,  tiiirty- 
two  minutes  east,  true  bearing,  ten  thousand  seven  hundred 
and  nineteen  feet  to  a  i)oint  in  latitude  forty-two  degrees, 
twentv-four  minutes,  twel\e  and  sixt\-one  hundredths  sec- 
onds  north  and  longitude  seventy-two  degrees,  sixteen 
minutes,  twenty  and  forty-seven  humlredths  seconds  west, 


Acts,  1911.  — Chaps.  402,  403.  389 

about  one  thousand  feet  west  of  the  easterly  highway  be- 
tween North  Dana  and  (Greenwich  Village;  thence  south 
sixty-six  degrees  two  minutes  east,  true  bearing,  five  thou- 
sand and  fifty-nine  feet  to  a  granite  monument  standing  in 
latitude  forty-two  degrees,  twenty-three  minutes,  fifty-two 
and  thirty  hundredths  seconds  north  and  longitude  seventy- 
two  degrees,  fifteen  minutes,  eighteen  and  eighty-seven  hun- 
dredths seconds  west,  at  an  angle  in  the  present  boundary 
line;  thence  south  thirty  degrees,  eleven  minutes  west,  true 
bearing,  one  thousand  eight  hundred  and  eighteen  feet  to  a 
granite  monument  standing  at  the  corner  of  the  towns  of 
Dana,  Greenwich  and  Hard  wick,  in  latitude  forty-two 
degrees,  twenty-three  minutes,  thirty-six  and  seventy-eight 
hundredths  seconds  north  and  longitude  seventy-two  degrees, 
fifteen  minutes,  thirty-one  and  fi^'e  hundredths  seconds  west. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  4,  1011. 

An  Act  relative  to  the  blasting  of  rocks  in  the  city  (J Ji  an  4:02 

OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  two  hundred  and  one  of  the  acts  isgs,  201, 
of  the  year  eighteen  hundred  and  sixty-eight,  relative  to  the  ^^'^^'^^'^  • 
blasting  of  rocks  in  the  city  of  Boston,  is  hereby  repealed. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  5,  1911. 

An  Act  to  authorize  the  trustees  of  hospitals  for  nhn^^  A{Y\ 

CONSUMPTIVES   TO    SELL   AND   CONVEY   LAND    IN   THE   TOWN  ' 

OF   WESTFIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  Trustees  of  Hospitals  for  Consumptives,  Trustees  of 
incorporated  by  chapter  four  hundred  and  seventy-four  of  consumpdves 
the  acts  of  the  year  nineteen  hundred  and  seven,  and  acts  ^oVvevle^-'^ 
in  amendment  thereof  and  in  addition  thereto,  are  herebv  ta>nian'i- 
authorized,  with  the  approval  of  the  governor  and  coimcil, 
to  sell  and  convey  to  the  Boston  and  Albany  Railroad  Com- 
pany, at  such  price  as  may  be  fixed  by  said  trustees,  the 
whole  or  any  part  of  a  certain  parcel  of  land  in  the  town  of 
Westfield   which  is  bounded   and   described   as  follows:  — 
Begiiming  at  a  stone  monument  set  in  the  ground  on  the  Description 
dividing  line  between  land  of  the  commonwealth  and  land  soid,'etc.°  ^^ 


390  Acts,  1911.  — Chap.  404. 


Description  now  OF  late  of  Johii  S.  Lane  and  Sons,  distant  one  hundred 
soid^elc" ''^  and  twenty-five  feet  nortlieasterly  from  the  base  Hne  of  the 
location  of  the  Boston  and  Albany  railroad  measured  at 
right  angles  thereto;  thence  running  south  seventeen  degrees 
twenty-nine  minutes  west  by  land  now  or  late  of  said  Lane 
and  Sons  sixty-seven  and  thirty-five  hundredths  feet  to  land 
of  the  Boston  and  All)any  Railroad  Company;  thence  run- 
ning northwesterly  by  land  of  said  railroad  company  eight 
hundred  ninety-nine  and  thirty-four  hundredths  feet  to  a 
stone  monument  set  in  the  ground  distant  fifty-seven  and 
seventy-five  hundredths  feet  northeasterly  from  said  base 
line,  measured  at  right  angles  thereto;  thence  running  south- 
easterlv  bv  the  remaining  land  of  the  commonwealth  fi\e 
hundred  fiftv-five  and  ten  hundredths  feet  to  a  stone  monu- 
ment  set  in  the  ground  distant  one  hundred  and  twenty-five 
feet  northeasterly  from  said  base  line  measured  at  right 
angles  thereto;  thence  running  southeasterly  by  the  remain- 
ing land  of  the  commonwealth  by  a  line  drawn  parallel  with 
and  distant  one  hundred  and  twenty-fi\'e  feet  northeasterly 
from  said  base  line  three  hundred  and  fifty-two  feet  to  the 
point  of  beginning;  containing  ninety-six  hundredths  of  an 
acre  more  or  less;  or  such  other  land  in  the  said  town  of  West- 
fiehl  now  owned  by  the  commonwealth  as,  in  the  judgment 
of  said  trustees,  is  not  necessary  for  hospital  puri)oses  and 
which  said  railroad  company  may  desire  to  acquire. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  5,  1911. 

ChapA()\  An  Act  to  incorporate  the  business  men's  association 

OF   CIIARLESTOWN. 

Be  it  enacted,  etc.,  as  follows: 
The  Business        SECTION  L     Dauicl  A.  McVarish,  jNTark  E.  Smith,  Michael 

Men  s  Asso-  ^  . 

riationof  I^.    Fahcv,   Stautou    11.    King,    dcorge    1.    Iloran,    Ciardncr 

iiKoiporated.  Batcs,  Nclsou  M.  Wood,  Francis  1*.  Silva  and  K.  Frank 
Baxter,  their  associates  and  successors,  are  hereby  consti- 
tuted a  body  corporate  by  the  name  of  the  Business  ]\Ien's 
Association  of  Charlestown,  for  the  purpose  of  promoting 
the  business  interests  of  Charlestown,  and  for  the  mainte- 
nance of  a  building  or  rooms  wherein  the  members  of  the 
association  may  meet  to  discuss  matters  pertaining  to  the 
welfare  of  Charlestown  and  of  the  association. 
By  laws.  SECTION  2.     The  said  association  may  adopt  such  by-laws, 

consistent  with  this  act  and  the  laws  of  the  connnonwealth, 


Acts,  1911.— Chaps.  405,  400.  391 

as  may  be  necessary  for  its  purposes,  and  may  take  and  hold 
in  fee  simple  or  any  less  estate,  1)y  gift,  grant,  bequest,  or 
otherwise,  real  or  personal  property  to  the  amount  of  twenty 
thousand  dollars. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Apiyromd  May  5,  1911. 


An  Act  to  establish  the  boundary  line  between  the  (JlianAOr) 

CITY    OF    CAMBRIDGE    AND    THE    TOWN    OF    ARLINGTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  following  described  line  shall  hereafter  Boundary 
be  the  boundary  line  between  the  city  of  Cambridge  and  the  thfTciT^^or'^ 
town  of  Arlington :  —  Beginning  at  an  unmarked  point  in  and"uie'tlwn 
the  boundary  line  between  the  city  of  Somerville  and  the  city  "f  Aiiiugton. 
of  Cambridge  at  the  centre  of  Alewife  brook,  as  recently 
located  by  the  metropolitan  park  commission  under  the  pro- 
visions of  chapter  five  hundred  and  twenty-nine  of  the  acts 
of  the  year  nineteen  hundred  and  seven,  said  point  being 
referred  to  in  chapter  two  hundred  and  twenty-one  of  the 
acts  of  the  year  nineteen  hundred  and  ten;  thence  extending 
in  a  southerly  direction  following  the  centre  line  of  said  brook, 
as  recently  located  as  aforesaid,  to  an  immarked  point  at 
the  junction  of  the  centre  line  of  said  brook  and  the  southerly 
boundary  line  between  the  city  of  Cambridge  and  the  town 
of  Arlington,  distant  one  hundred  and  twenty-eight  feet  on 
said  boundary  line  from  the  witness  monument  marked  A.C. 
The  boundary  line  hereby  established  is  shown  on  a  plan 
to  be  filed  in  the  office  of  the  secretary  of  the  commonwealth. 

Section  2.     This  act  shall  be  submitted  to  the  city  council  o/'^ef ''"''^ 
of  the  city  of  Cambridge  and  to  the  selectmen  of  the  town 
of  Arlington,  and  shall  take  effect  upon  its  acceptance  by 
the  said  council  and  selectmen.        Approved  May  5,  1911. 


An  Act  relative  to  the  appointment  of  referees  for  ChapAOQi 

ADJUSTING  LOSSES  UNDER  POLICIES  OF  FIRE  INSURANCE. 

Be  it  enacted,  etc.,  as  follows: 

The  last  paragraph  of  section  sixty  of  chapter  five  hundred  |^,?o';  ^'^' 
and  seventy-six  of  the  acts  of  the  year  nineteen  hundred  and  amended, 
seven,  is  hereby  amended  by  inserting  after  the  word  "pro- 
vision", in  the  seventh  line  of  said  paragraph,  the  words:  — 
no  one  of  whom  has  served  in  that  capacity  for  said  insurance 


392  Acts,  1911.  — Chap.  407. 

company  within  four  montlis,  without  the  consent  in  writing 
of  the  insured,  —  and  by  striking  out  the  words  "within 
twenty  days  from  the  expiration  of  said  ten  days",  in  the 
twentieth  and  twenty-first  Hues,  so  that  said  j)aragraph 
Appointment  Hs  amended  will  read  as  follows:  —  In  case  of  loss  under  any 
'etc/ '^ '^'^ '  fire  insurance  policy,  issued  on  property  in  this  common- 
wealth in  the  standard  form  above  set  forth,  and  the  failure 
of  the  parties  to  agree  as  to  the  amount  of  loss,  the  insurance 
company  shall,  within  ten  days  after  a  written  request  to 
appoint  referees  under  the  provision  for  arbitration  in  such 
policy,  name  three  men  under  such  provision,  no  one  of  whom 
has  served  in  that  capacity  for  said  insurance  company 
within  four  months,  without  the  consent  in  writing  of  the 
insured,  each  of  whom  shall  be  a  resident  of  this  common- 
wealth and  willing  to  act  as  one  of  such  referees,  of  whom 
the  insured  shall,  within  ten  days  after  receiving  said  names, 
make  known  to  the  insurance  company  its  choice  of  one  of 
them  to  act  as  one  of  such  referees;  and  such  insurance  com- 
pany shall,  within  ten  days  after  receiving  the  names  of  three 
men  named  by  the  insured  under  such  provision,  make  known 
to  the  insured  its  choice  of  one  of  them  to  act  as  one  of  such 
referees.  And  in  case  of  the  failure  of  two  referees  chosen, 
respectively,  by  the  insurance  company  and  the  insured,  to 
agree  upon  and  select  within  ten  days  from  their  appointment 
a  third  referee  willing  to  act  in  said  capacity,  either  of  said 
referees  or  parties  may  make  written  application,  setting 
forth  the  facts,  to  the  insurance  commissioner  to  api)oint 
such  third  referee;  and  said  commissioner  shall  thereupon 
make  such  appointment  and  shall  send  written  notification 
thereof  to  the  parties.  In  every  case  of  the  appointment  by 
the  insurance  commissioner  of  said  third  referee  the  insuring 
com])any  or  companies  shall  withold  from  the  amount  of 
the  award  rendered  one  half  of  the  compensation  and  expenses 
of  said  referee,  and  said  company  or  companies  shall  there- 
upon pay  to  said  referee  the  full  amoimt  of  his  compensation 
and  expenses.  Approved  May  5,  1.911. 

ChapAOl  An  Act  to  autmouizk  tiik  city  of  pittsfield  to  take  as 

AN    EMElKiENCY    .SUFl'LY    THE    WATERS    OF    KOARINC    BROOK 
AND   ONOTA    LAKE. 

Ur  it  cii acted,  etc.,  as  foJloics: 

waicv  supply        Section  1.     The  citv  council  of  the  citv  of  Pittsfit'id  mnv 

lor  the  fi\\  ,  •     1    •  '  .  1  1   '  •       I 

of  i'iiisii<'i(i       at  any  tune  witlnn  two  years  irom  the  date  ol  the  appro\al 


ArT8,  1911.  — Chap.  408.  393 

of  this  act,   until  the  new  Farnham  reservoir  on  October  in  case  of 
mountain  is  fiUed  with  water,  in  case  of  emergency  take  water  ^'"®'"^®"''y- 
from  Roaring  brook  in  the  town  of  Washington  and  water 
from  Onota  hike  in  the  city  of  Pittsfiehl,  or  from  either  of 
said  sources,  in  such  quantities  as  may  be  necessary  to  reheve 
the  emergency. 

Section  2.     All  provisions  of  law  governing  the  tempo-  Certain  pro- 
rary  taking  of  a  water  supply  by  the  city  council  of  a  city  or  hi'wToV 


ipi>iy. 


et 


the  selectmen  or  water  commissioners  of  a  town,  shall  apply 
to  the  aforesaid  takings,  except  that  such  takings  in  case  of 
emergency  may  be  for  a  period  of  more  than  six  months  in 
any  one  year.  Approved  May  5,  1911. 

An  Act  to  establish  the  deerfield  fire  district  and  ChapA08 
TO  provide   for  supplying  the  same  with  water. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.  The  inhabitants  of  the  town  of  Deerfield,  FhrDi'sni 
liable  to  taxation  in  said  town  and  residing  within  the  terri-  established, 
tory  enclosed  by  the  following  boundary  lines,  to  wit:  — 
Beginning  at  a  point  on  the  top  of  East  Mountain  east  of  n°es"*^^'^^ 
the  culvert  under  track  of  New  York,  New  Haven  and  Hart- 
ford railroad  at  foot  of  Long  Hill,  so-called;  thence  westerly 
to  said  culvert;  thence  westerly  at  foot  of  Long  Hill  to  a 
point  on  land  of  William  L.  Harris  near  his  south  tobacco 
barn;  thence  northerly  on  brow  of  hill  to  mill  canal,  so-called; 
thence  northerly  on  said  mill  canal  to  Deerfield  river;  thence 
northerly  on  said  Deerfield  river  to  northwest  corner  of  home 
lot  of  J.  j\L  Arms  Sheldon;  thence  northerly  on  brow  of  hill 
at  rear  of  home  lots  on  Deerfield  Main  street  to  road  leading 
across  Broughton's  pond;  thence  easterly  on  said  road  to 
state  highway  at  north  end  of  Deerfield  Main  street;  thence 
northerly  on  state  highway  to  north  bound  of  homestead  of 
George  W.  Fuller,  deceased;  thence  easterly  on  the  north 
line  of  said  homestead  of  said  George  W.  Fuller  and  running 
easterly  in  a  continuation  of  said  north  line  of  said  homestead 
of  said  George  W.  Fuller  to  a  point  on  the  top  of  the  East 
Mountain;  thence  southerly  following  the  top  of  the  East 
Mountain  to  the  "Narrows",  so-called;  thence  following  the 
top  of  the  F^ast  Mountain  to  the  point  of  beginning,  —  shall 
constitute  a  fire  district,  and  are  hereby  marie  a  body  cor- 
porate, by  the  name  of  the  Deerfield  Fire  District,  for  the 
purpose  of  supplying  themselves  with  water  for  the  extin- 
guishment of  fires  and  for  domestic  and  other  purposes,  with 


394  Acts,  1911.  — Chap.  408. 

power  to  establish  foiintcains  and  hydrants,  and  to  relocate 
and  disconthiue  the  same;  to  regulate  the  use  of  such  water 
and  to  fix  and  collect  rates  to  be  paid  therefor,  and  to  take, 
or  acquire  by  lease,  purchase  or  otherwise,  and  to  hold  prop- 
erty, lands,  rights  of  way  and  easements  for  the  purposes 
mentioned  in  this  act,  and  to  prosecute  and  defend  in  all 
actions  relating  to  the  property  and  affairs  of  the  district. 
useif*whh''^  Section  2.     Said  fire  district,  for  the  purposes  aforesaid, 

water.  niay  take,  or  acquire  by  purchase  or  otherwise,  and  hold  the 

waters  of  any  pond  or  stream  or  of  any  ground  sources  of 
supply  by  means  of  driven,  artesian  or  other  wells  within  the 
limits  of  the  town  of  Deerfield,  and  the  water  rights  con- 
nected with  any  such  sources,  and  may  also  take,  or  acquire 
by  purchase  or  otherwise,  and  hold  all  lands,  rights  of  way 
and  easements  necessary  for  collecting,  storing,  holding,  puri- 
fying and  preserving  the  purity  of  the  water  and  for  convey- 
Proviso.  ii^g  ^j^g  same  to  any  part  of  said  district:  provided,  hourver, 

that  no  source  of  water  supply  and  no  lands  necessary  for 
preserving  the  quality  of  such  water,  shall  be  taken  or  used 
without  first  obtaining  the  advice  and  approval  of  the  state 
board  of  health,  and  that  the  location  of  all  dams,  reservoirs 
and  wells  to  be  used  as  sources  of  water  supply  under  this 
act  shall  be  subject  to  the  approval  of  said  board.  Said  dis- 
trict may  construct  on  the  lands  taken  or  acquii'cd  and  held 
under  the  provisions  of  this  act,  proper  dams,  reservoirs, 
standpipes,  tanks,  buildings,  fixtures  and  other  structures, 
and  may  make  excavations,  procure  and  operate  machinery 
and  provide  such  other  means  and  api)liances,  and  do  such 
other  things  as  may  be  necessary  for  the  establishment  and 
maintenance  of  complete  and  elVective  water  works;  and  for 
that  purpose  may  construct  wells  and  reser\oirs  and  estab- 
lish pumping  works,  and  may  construct,  lay  and  maintain 
afpieducts,  conduits,  pipes  and  other  works  under  or  over 
any  land,  water  courses,  railroads,  railways  and  public  or 
other  ways,  and  along  such  ways  in  the  Deerfield  Fire  Dis- 
trict, in  such  manner  as  not  unnecessarily  to  obstruet  the 
same;  and  for  the  purpose  of  constructing,  laying,  main- 
taining, operating  and  repairing  such  con(hiits,  pipes  and 
other  works,  and  for  all  prt)per  jjurposes  of  this  act,  said  dis- 
trict may  dig  up  or  raise  and  embank  any  such  lands,  high- 
ways or  other  ways  in  such  manner  as  to  canst>  the  least 
hindrance  to  public  trax'cl  on  such  wa\s;  and  all  things  done 
upon  any  such  way  shall  be  subject  to  the  direction  of  the 
selectmen  of  the  town  of  Deerlicld. 


Acts,  1911.  — Chap.  408.  395 

Section  3.     Said  fire  district  shall,  within  ninety  days  Description 
after  the  taking  of  any  lands,  rights  of  way,  water  rights,  taken  to  be' 
water  sources  or  easements  under  the  provisions  of  this  act,  '"'''=*' ""•^^d- 
otherwise  than  by  purchase,  file  and  cause  to  be  recorded 
in  the  registry  of  deeds  for  the  county  of  Franklin  a  descrip- 
tion thereof  sufficiently  accurate  for  identification,  with  a 
statement  of  the  purpose  for  which  the  same  were  taken, 
signed  by  the  water  commissioners  hereinafter  provided  for. 
The  title  to  all  land  taken,  purchased  or  acquired  in  any  way 
under  the  provisions  of  this  act  shall  vest  in  said  Deerfield 
Fire  District,  and  the  land  so  taken  may  be  managed,  im- 
proved and  controlled  by  the  board  of  water  commissioners 
hereinafter  provided  for,  in  such  manner  as  they  shall  deem 
for  the  best  interest  of  said  district. 

Section  4.  Said  district  shall  pay  all  damages  to  prop-  Damages. 
erty  sustained  by  any  person  or  corporation  by  the  taking 
of  any  land,  right  of  way,  water,  water  source,  water  right 
or  easement,  or  by  anything  done  by  said  district  under 
authority  of  this  act.  Any  person  or  corporation  sustain- 
ing damages  as  aforesaid,  who  fails  to  agree  with  said  district 
as  to  the  amount  thereof,  may  have  the  same  determined  in 
the  manner  provided  by  law  in  the  case  of  land  taken  for 
the  laying  out  of  highways,  on  application  at  any  time 
within  the  period  of  two  years  after  the  taking  of  such  land 
or  other  property  or  the  doing  of  other  injury  under  authority 
of  this  act;  but  no  such  application  shall  be  made  after  the 
expiration  of  two  years,  and  no  application  for  assessment  of 
damages  shall  be  made  for  the  taking  of  any  water,  water 
right,  or  for  any  injury  thereto,  until  the  water  is  actually 
withdrawn  or  diverted  by  said  district  under  authority  of 
this  act.  Said  district  may  by  vote,  from  time  to  time, 
determine  what  amount  or  quantity  of  water  it  proposes  to 
take  and  appropriate  under  this  act;  in  which  case  any  dam- 
ages caused  by  such  taking  shall  be  based  upon  such  amount 
or  quantity  until  the  same  shall  be  increased  by  vote  or  other- 
wise, and  in  such  event  said  district  shall  be  further  liable 
only  for  the  additional  damages  caused  by  such  additional 
taking. 

Section  5.     Said  district,  for  the  purpose  of  paying  the  Deerfleid 
necessary  expenses  and  liabilities  incurred  under  the  provi-  LoTn/'^''^"'* 
sions  of  this  act,  may  issue  from  time  to  time  bonds,  notes 
or  scrip  to  an  amount  not  exceeding  thirty-five  thousand  dol- 
lars.    Such  bonds,  notes  or  scrip  shall  bear  on  their  face  the 
words,  Deerfield  Fire  District  Loan;  shall  be  payable  at  the 


39G 


Acts,  1011.  — Chap.  408. 


Proviso. 


Payment  of 
loan. 


Copy  of  tax 
voted  to  be 
sent  to 
a.s.sessora. 


I'roviso. 


I'irst 
meeting. 


expiration  of  periods  not  exceeding  thirty  years  from  the 
dates  of  issue;  sliail  bear  interest,  payable  semi-annually,  at 
a  rate  not  exceeding  four  and  one  half  per  cent  per  annum; 
and  shall  be  signed  by  the  treasurer  of  the  district  and  counter- 
signed by  the  chairman  of  the  water  commissioners  herein- 
after provided  for.  Said  district  may  sell  such  securities  at 
public  or  private  sale,  for  the  purposes  of  this  act,  upon  such 
terms  and  conditions  as  it  may  deem  proper:  provided,  that 
such  securities  shall  not  be  sold  for  less  than  the  par  \alue 
thereof.  The  town  of  Deerfield  may,  at  its  annual  town 
meeting  or  at  a  legal  meeting  called  for  the  purpose,  guar- 
antee the  payment  of  such  bonds,  notes  or  scrip. 

Section  6.  Said  district  shall,  at  the  time  of  authorizing 
said  loan,  provide  for  the  payment  thereof  in  such  annual 
proportionate  payments,  beginning  not  more  than  five  years 
after  the  first  issue  of  such  bonds,  notes  or  scrip,  as  will 
extinguish  the  same  within  the  time  prescribed  by  this  act; 
and  when  a  vote  to  that  effect  has  been  passed  a  sum  which, 
with  the  income  deri\'ed  from  water  rates,  will  be  sufficient 
to  pay  the  annual  expense  of  operating  its  water  works  and 
the  interest  as  it  accrues  on  the  bonds,  notes  or  scrip  issued 
as  aforesaid  by  said  district,  and  to  make  such  payments  on 
the  principal  as  may  be  required  luider  the  provisions  of  this 
act,  shall  without  further  vote  be  raised  annually  by  taxa- 
tion in  the  manner  hereinafter  j^rovided. 

Section  7.  Whene\'er  a  tax  is  duly  voted  by  said  dis- 
trict for  the  purpose  of  this  act,  the  clerk  shall  send  a  certi- 
fied copy  of  the  vote  to  the  assessors  of  the  town  of  Deerfield, 
who  shall  proceed  within  thirty  da>'s  thereafter  to  assess  the 
same  in  the  same  manner  in  which  town  taxes  are  required 
by  law  to  be  assessed.  The  assessment  shall  be  committed 
to  the  town  collector,  who  shall  collect  said  tax  in  the  manner 
provided  by  law  for  the  collection  of  town  taxes,  and  shall 
deposit  the  proceeds  thereof  with  the  district  treasurer  for 
the  use  and  benefit  of  said  district.  Said  district  may  collect 
overdue  interest  on  taxes  in  the  manner  in  which  interest  is 
authorized  to  be  collected  on  town  taxes:  provided,  that  sjiid 
district  at  the  time  of  voting  to  raise  the  tax  shall  so  deter- 
mine and  shall  also  fix  a  time  for  payment  thereof. 

Section  <S,  The  first  meeting  of  said  district  shall  be 
called  on  ])etition  of  ten  or  more  legal  \'oters  therein,  by  a 
Wiirrant  from  the  selectmen  of  the  town  of  Deeiiield,  or  from 
a  justice  of  the  |)eace,  directed  to  one  of  the  petitioners, 
retpiiring  hini  t(»  give  notice  of  the  meeting  by  posting  copies 


Acts,  I!)!!.  — Chap.  408.  397 

of  said  warrant  in  two  or  more  public  places  in  said  district 
seven  days  at  least  l)efore  the  time  of  the  meeting.  One  of 
the  petitioners  shall  preside  at  the  meeting  until  a  clerk  is 
chosen  and  sworn,  and  the  clerk  shall  preside  until  a  moder- 
ator is  chosen.  After  the  choice  of  a  moderator  for  said 
meeting  the  question  of  the  acceptance  of  this  act  shall  be 
submitted  to  the  voters,  and  if  it  shall  be  accepted  by  a 
majority  vote  of  the  voters  present-  and  Aoting  thereon  it 
shall  take  efi'ect,  and  the  meeting  may  then  proceed  to  act 
on  the  other  articles  contained  in  the  warrant. 

Section  9.  The  Deerfield  Fire  District  shall,  after  the  Water  com- 
acceptance  of  this  act  as  aforesaid,  elect  by  ballot  three  per-  election, 
sons  to  hold  office,  one  until  the  expiration  of  three  years,  '*''™' ''*•'• 
one  until  the  expiration  of  two  years  and  one  until  the  expira- 
tion of  one  year  from  the  next  succeeding  annual  district 
meeting,  to  constitute  a  board  of  water  commissioners;  and 
at  every  annual  meeting  thereafter  one  such  commissioner 
shall  be  elected  by  ballot  for  the  term  of  three  years.  All 
the  authoritv  granted  to  said  district  bv  this  act  and  not  other- 
wise  specifically  provided  for  shall  be  vested  in  said  board 
of  water  commissioners,  who  shall  be  subject,  however,  to 
such  instructions,  rules  and  regulations  as  the  district  may 
impose  by  its  vote.  Said  commissioners  shall  appoint  a 
treasurer  of  said  district,  who  may  be  one  of  their  num- 
ber, who  shall  give  bonds  to  the  district  to  such  an  amount 
and  with  such  sureties  as  may  be  appro^'efl  by  the  commis- 
sioners. A  majority  of  the  commissioners  shall  constitute 
a  quorum  for  the  transaction  of  business.  Any  vacancy  oc-  Vacancy, 
curring  in  said  board  from  any  cause  may  be  filled  for  the 
remainder  of  the  unexpired  term  by  said  fire  district  at  any 
legal  meeting  called  for  the  piu'pose.  No  money  shall  be 
drawn  from  the  district  treasury  on  account  of  the  water 
works  except  by  a  written  order  of  said  commissioners  or  a 
majority  of  them. 

Section  10.  Said  commissioners  shall  fix  just  and  equi-  Water  rates. 
table  prices  and  rates  for  the  use  of  water,  and  shall  prescribe 
the  time  and  manner  of  payment.  The  income  of  the  water 
works  shall  be  applied  to  defraying  all  operating  expenses, 
interest  charges  and  payments  on  principal  as  they  accrue 
upon  any  bonds,  notes  or  scrip  issued  under  authority  of 
this  act.  If  there  should  be  a  net  surplus  remaining  after 
providing  for  the  aforesaid  charges,  it  shall  be  used  for  such 
new  construction  as  the  water  commissioners  may  determine 
upon,  and  in  case  a  surplus  should  remain  after  payment  for 


398 


Acts,  15)11.  — Chap.  409. 


By-law8. 


Penalty  for 
corrupting 
water,  etc. 


Time  of 
taking  effect. 


siU'li  new  coTi.structioii  tlir  water  rates  shall  l)e  reduecd  pro- 
portionately. No  money  shall  be  expended  in  new  eonstnie- 
tion  by  the  water  conunissioners  except  from  the  net  surplus 
aforesaid,  unless  the  district  api)ropriates  and  provides  money 
tluTcfor.  wSaid  commissioners  shall  annually,  and  as  often 
as  the  district  may  retpiire,  render  a  report  upon  the  condi- 
tion of  the  works  under  their  charge  and  an  account  of  their 
doings,  including  an  account  of  receipts  and  expenditures. 

Skction  11.  Said  district  may  adopt  by-laws  prescribing 
by  whom  and  how  meetings  may  be  called  and  notified;  and, 
upon  the  application  of  ten  or  more  legal  voters  in  the  dis- 
trict, meetings  may  also  be  called  by  warrant  as  ])ro\ided 
in  section  eight.  Said  district  may  also  choose  such  other 
officers  not  provided  for  in  this  act  as  it  may  deem  necessary 
or  proper. 

Section  12.  Whoever  wilfully  or  wantonly  corrupts,  pol- 
lutes or  diverts  any  water  obtained  or  supplied  under  this 
act,  or  wilfully  or  wantonly  injures  any  reservoir,  standpipe, 
aqueduct,  pipe  or  other  ])ropei'ty  owned  or  used  by  said 
district  for  the  purposes  of  this  act  shall  forfeit  and  pay  to 
the  district  three  times  the  amount  of  damages  assessed 
therefor,  to  be  recovered  in  an  action  of  tort,  and  upon  con- 
viction of  any  of  the  above  acts  shall  be  i)unished  by  a  fine 
not  exceeding  one  hundred  dollars  or  by  imprisonment  in 
jail  for  a  term  not  exceeding  six  months. 

Section  13.  This  act  shall  take  effect  upon  its  accept- 
ance by  a  majority  vote  of  the  voters  of  said  district  present 
and  voting  thereon  at  a  district  meeting  called  in  accordance 
with  the  provisions  of  section  eight,  within  three  years  after 
the  passage  of  this  act;  but  it  shall  bcct)me  void  unless  said 
district  shall  begin  to  distribute  water  to  consumers  within 
three  years  after  the  date  of  the  acceptance  of  this  act  as 
aforesaid.  Approved  May  o,  Vni. 


ChapAOd  An  Act  to  authorize  the  trustees  of  the  Massachusetts 

AGRICULTURAL  COLLEGE  TO  LEASE  PARCELS  OF  LAND  BE- 
LONGING TO  THE  COMMONWEALTH  IN  THE  TOWNS  OF  AM- 
HERST AND  HADLEY  FOR  THE  PURPOSE  OF  PROVIDING 
SUITABLE  DWELLIN(;S  FOR  PROFESSORS  AND  OTHERS  CON- 
NECTED   WITH   TMK    COLLEGE. 

Be  it  enacted,  etc.,  a.v  follows: 

Section  1.     The  Trustees  of  the  ^Massachusetts  Agricul- 
tural College  are  hereby  authorized  from  time  to  time  to 


Trustors  of  Iho 

M;issuchuH(!tts 

Agricultural 


Acts,  1911.  — Chap.  410.  399 

make,  execute  and  deliver,  in  tlie  name  and  on  behalf  of  the  College  to 
commonwealth,  leases  of  parcels  of  land  from  the  college  parcels  of"" 
estate,  owned  by  the  connnonwealth  in  the  towns  of  Amherst  '''"*^'  *'^*'- 
and  Iladley,  not  exceeding  in  any  lease  one  half  an  acre  in 
extent,  to  any  professor,  instructor,  teacher  or  employee  of 
said  college  or  of  the  jNIassachusetts  Agricultural  Experiment 
Station,  or  to  any  society,  association  or  fraternity  established 
at  said  college,  for  the  purpose  of  erecting  and  maintaining 
thereon,  at  the  lessee's  sole  cost  and  charges  and  for  the 
lessee's  use  and  occupancy,  a  suitable  dwelling,  under  such 
agreements,  restrictions  and  reservations  and  upon  such  terms 
and  conditions  as  may  be  agreed  upon  in  writing  by  the  trus- 
tees of  said  college  and  the  lessee.  But  no  such  lease  shall 
become  operative  until  the  form  thereof  shall  have  been 
approved  by  the  governor  and  council  of  the  commonwealth. 
The  lessees  of  the  said  land,  and  their  assignees,  shall  be 
liable  to  taxation  upon  any  buildings  erected  on  the  land,  to 
the  extent  of  the  value  of  the  buildings  as  determined  by 
the  assessors  of  the  town  in  which  they  are  situated. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Aypromd  May  5,  1911. 

An  Act  to  provide  for  the  establishment  of  state  bird  (jJiQjy  ^\o 

AND    GAME    PRESERVES    AND    THE    PROTECTION    AND    PROPA- 
GATION OF  WILD  BIRDS  AND  QUADRUPEDS. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.  For  the  purpose  of  protecting  any  species  of  g^'J/g.^.^'e 
useful  wild  birds  or  quadrupeds  and  for  aiding  the  propaga-  pieserves. 
tion  thereof  the  board  of  commissioners  on  fisheries  and  game 
may  acquire  in  fee  by  purchase,  gift  or  devise,  or  may  lease, 
or,  with  the  consent  of  the  owners,  may  control  any  land, 
water  or  shore  or  the  right  to  use  the  same,  including  the 
right  of  the  public  in  such  land  or  on  such  water  or  shore,  as 
a  bird  and  game  preserve. 

Section  2.  For  the  purposes  aforesaid  the  said  coramis-  ciose  season. 
sioners,  upon  a  petition  filed  with  them  by  the  mayor  and 
aldermen  of  a  city  or  the  selectmen  of  a  town,  or  by  one  or 
more  owners  of  land,  water  or  shore,  if  satisfied  of  the  suit- 
able character  and  situation  of  the  same,  may,  with  the  con- 
sent of  the  owners,  order  a  close  season  for  one  or  more 
periods,  not  exceeding  five  years  each,  on  all  wild  birds  and 
quadrupeds  within  the  area  or  any  part  thereof  specified  in 
the  petition.     But  before  making  any  order  under  such  peti- 


400  Acts,  1911.  — Chap.   110. 

tioii,  tlic  commissioners  shall  gWv  a  public  hearing  upon  the 
matter  at  some  place  in  or  near  the  territory  under  considera- 
tion, of  which  meeting  and  of  their  intention  in  the  matter 
notice  shall  be  given  by  publication  once  a  week  for  two  suc- 
cessive weeks  in  one  or  more  newspapers  ])ublished  in  the 
county  or  counties  embracing  the  territory,  the  last  publica- 
tion to  be  at  least  seven  days  prior  to  tlie  time  fixed  for  the 
hearing. 
("oiiiinission  SECTION  3.     lu  rcspcct  to  any  territory  acquired  or  Con- 


ors oil 


fisheries  iiiid      trollcd  as  abovc  provided  or  any  territory  upon  which  a  close 
nseofinnd        scason  has  been  ordered  as  above  provided,  the  said  commis- 
tukeu,  etc.         sioucrs  may  make  such  use  of  the  land,  water  or  shore  within 
the  territory  as  they  may  deem  best  for  the  purpose  of  im- 
proving the  feeding  and   nesting  environment  of  birds  or 
game,  and  may  from  time  to  time  make  such  rules  and  regu- 
lations relating  to  such  territory  as  may  seem  to  them  proper, 
and  such  rules  and  regulations  when  approved  by  the  go^■ernor 
and  council  shall  have  the  force  of  laws.     The  said  commis- 
sioners are  authorized  to  Hberate  birds  within  the  limits  of 
the  said  reservations,  and,  when  in  their  opinion  such  action 
is  advisable,  to  co-operate  with  land  owners  within  such 
territory  in  experiments  in  the  propagation  of  birds  or  quad- 
rupeds. 
Deputies.  SECTION  4.     The  Said  commissioners  may  appoint  deputies 

to  enforce  the  provisions  of  this  act  and  any  rules  and  regu- 
lations made  hereunder,  and  may  authorize  in  writing  any 
such  deputy  or  the  owner  or  occupant  of  any  land  within 
any  such  territory  to  hunt,  ])ursue,  trap,  snare  or  kill  within 
the  said  territory  and  under  the  direction  of  the  said  com- 
missioners any  quadrupeds  or  birds  ^hich  they  may  consider 
harmful  to  birds  and  game  or  to  agriculture,  or  to  take  or 
remoN^e  the  nests  or  eggs  of  any  such  bird. 
StMbiishin-'"'  Section  5,  If  an  order  is  made  by  the  commissioners  as 
ii  (lose  "  aforesaid  establishing  a  close  season  or  a  ])reser^•e  as  above 
pubii-shcd.  provided,  the  commission  shall  cause  a  copy  of  the  order  to 
be  published  once  a  week  for  two  successive  weeks  in  one  or 
more  newspapers  published  in  the  county  or  counties  embrac- 
ing the  territory,  and  shall  cause  copies  of  the  order  to  be 
posted  in  conspicuous  ])la('es  witliiu  the  cities  or  towns  in 
which  the  territory  is  situated,  and  also  within  the  limits  of 
the  territory  it.self.  If  a  great  ])()nd  or  any  ]iart  thereof  or 
any  seashore  is  included  within  the  territory  as  to  which  a 
clo.se  season  is  ordered  as  aforesaid,  a  copy  of  the  order  shall 
be  filed  in  the  ofKce  of  the  clerk  of  any  city  or  town  bordering 


Acts,  1911.  — Chap.  4:11.  401 

upon  the  pond  or  seashore,  and  also  in  the  office  of  the  secre- 
tary of  the  commonwealth.  An  order  made  by  the  commis- 
sion in  accordance  with  the  pro\isions  hereof  shall  take  effect, 
when  it  is  posted  as  above  provided.  Any  order  made  in 
accordance  with  the  provisions  hereof  shall  contain  a  full 
description  of  the  territory  so  established,  and  the  period 
for  which  it  is  closed,  if  any  such  period  is  adopted. 

Section  6.     The  commissioners  may  annually  expend,  in  Expendi- 
carrying  out  the  provisions  of  this  act,  such  sum  as  the  gen- 
eral court  may  from  year  to  year  appropriate,  which  shall 
be  paid  out  of  the  treasury  of  the  commonwealth. 

Section  7.     Whenever  a  territory  has  been  established  as  Taking  or 
a  preserve  or  when  a  close  season  has  been  established  upon  ete.',"ifio-'^  ^' 
a  territory  by  an  order  as  above  provided,  it  shall  be  unlawful  '>''^''^«^- 
for  any  person,  except  as  above  provided,  to  molest,  hunt, 
pursue,  take  or  kill  any  bird  or  quadruped  within  the  said 
territory,  or  therein  to  disturb  or  injure  any  nest,  eggs  or 
young  or  to  remove  the  eggs  or  young  from  the  nest. 

Section  8.  The  entrance  of  any  person  with  a  firearm  Firearms, 
or  any  device  adapted  for  killing  or  injuring  birds  or  ciuadru-  excluded! 
peds  or  with  a  trap  or  snare  upon  any  territory  established 
as  a  preserve,  or  upon  any  territory  upon  which  a  close  season 
has  been  established,  according  to  the  provisions  of  this  act, 
shall  be  prima  facie  evidence  of  a  violation  of  the  provisions 
of  this  act. 

Section  9.     Whoever  violates  any  provision  of  this  act  Penalty. 
or  of  any  rule  or  regulation  made  hereunder  shall  l^e  punished 
by  a  fine  of  not  more  than  one  hundred  dollars,  or  by  imprison- 
ment for  not  more  than  sixty  days,  or  both  such  fine  and  im- 
prisonment. 

(The  foregoing  was  laid  before  the  Governor  on  the  twenty- 
seventh  day  of  April,  1911,  and  after  five  days  it  had  "the  force 
of  a  law",  as  jjrescribed  by  the  Constitution,  as  it  was  not 
returned  by  him  with  his  objections  thereto  within  that  time.) 

An  Act  to  establish  a  board  of  shellfish  commissioners  Chaj)All 

FOR  the   city   of  NEW   BEDFORD   AND  THE  TOWN   OF   FAIR- 
HAVEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     It  shall  be  unlawful  for  any  person  at  any  Digging,  etc., 
time  to  dig,  take,  remove,  buy  or  sell  any  mollusk  from  the  prohTbited^in 
tide  waters  or  flats  of  the  Acushnet  river,  Clark's  cove  and  certain  waters. 
New  Bedford  and  Fairhaven  harbor  in  areas  which  have  been 


102 


Acts,  1911.  — Chap.  411. 


A  board  of 
shellfish  com- 
missinnrrs 
rslal)lisliPfl  in 
New  Bedford 
and  Fair- 
haven. 


Authority  of 
the  commis- 
sioners. 


(trandiig  of 
liceniieB. 


Proviso. 


coiulemncfl  or  wliicli  licreaftor  may  })C'c()n(l('itiiio(l  as  polluted 
waters  or  flats  by  the  state  board  of  health,  execpt  as  is 
hereniafter  provided. 

Section  2.  For  the  purpose  of  earryiiijj:  out  the  provi- 
sions of  this  act  there  shall  be  a  board  of  shellfish  coniniis- 
sioiiers,  composed  of  the  mayor  and  the  chairman  of  the  board 
of  health  of  the  city  of  New  Bedford  and  the  chairman  of  the 
selectmen  and  the  chairman  of  the  l)oar(l  of  health  of  the 
town  of  Fairhaven,  ex  officiis,  who  shall  l)e  sworn  before 
entering  upon  the  duties  of  their  office.  The  mayor  of  the 
city  of  New  Bedford  shall  be  the  chairman  of  the  board. 
The  board  shall  elect  a  clerk  who  shall  keep  a  record  of  all 
proceedings  of  the  board  and  shall  issue  all  notices  and 
attest  all  papers  and  orders  as  the  board  shall  direct. 

Section  3.  Said  board  of  shellfish  commissioners  shall 
have  authority  to  grant  licenses  to  take  mollusks  from 
the  polluted  waters  and  flats  in  the  waters  mentioned  in 
section  one;  and  the  board  shall  make  such  rules  and  regu- 
lations, subject  to  the  a])proval  of  the  state  board  of  health, 
as  in  the  judgment  of  the  licensing  board  may  be  necessary 
for  the  enforcement  of  this  act,  and  may  aj^point  inspectors 
W'ho  shall  be  sworn  to  the  faithful  ])erformance  of  their  duties 
and  who  shall  have  for  the  enforcement  of  the  provisions  of 
this  act  all  the  powers  of  constablc^s,  (>xcei)t  the  power  of 
serving  civil  i)rocess.  Any  of  said  inspectors,  and  any  one 
lawfully  employed  to  enforce  the  provisions  of  this  act,  may 
for  the  purpose  of  the  enforcement  thereof,  go  upon  and  pass 
over  the  lands  of  any  j)erson  without  being  considered  a  tres- 
l^asser.  The  licenses  granted  hereunder  may  be  revoked  at 
any  time  by  the  licensing  board.  The  board  shall  keep  a 
record  of  the  receipts  and  expenditures  of  money  and  of  the 
licenses  issued,  which  record  shall  be  open  at  all  times  for 
inspection  by  the  state  board  of  health,  by  the  board  of  com- 
missioners on  fisheries  and  game,  or  by  any  agents  author- 
ized by  either  of  said  two  boards.  Said  licensing  board  shall 
make  annually  a  detailed  report  of  its  doings  to  the  state 
board  of  health  and  to  the  board  of  commissioners  on  fish- 
eries and  game. 

Section  4.  The  board  of  shellfish  conunissioners  may 
grant  a  first  class  license  to  any  i)er.s()n  who  is  a  resident  of 
New  Bedford  or  of  Fairha\en  to  take  mollusks  from  the  above 
named  waters  and  to  sell  the  same:  proiudcil,  that  the 
licensee  shall  forfeit  his  license  for  one  year  if  he  shall  take 
mollusks  from  waters  outside  the  polluted  area  without  first 


Acts,  1011.  — Chap.  111.  403 


surrendering  his  license;  and  if  the  person  holding  a  first 
class  license  shall  sell  or  otherwise  dispose  of  mollusks  taken 
by  him  under  his  license  to  any  person  or  persons  other  than 
those  who  have  a  second  class  license  as  hereinafter  provided, 
or  if  the  licensee  shall  land  the  mollusks  taken  by  him  or 
others  for  any  other  purpose  than  to  take  them  to  one  of 
the  depots  hereinafter  specified  for  the  purpose  of  selling 
them,  or  if  the  licensee  shall  take  mollusks  from  said  waters 
at  any  other  time  than  between  sunrise  and  sunset,  or  shall 
neglect  to  display  his  license  number  in  plain  view  upon 
both  sides  of  any  boat  or  other  conveyance  used  by  him,  he 
shall  be  liable  to  the  penalties  hereinafter  imposed  for  viola- 
tion of  this  act. 

Section  5.     Any  person,  firm  or  corporation  may,  in  the  Depots  may 
discretion  of  the  board,  be  granted  a  second  class  license  to  /o/fhepur-^ 
establish  one  or  more  depots  upon  or  opposite  the  polluted  sJlTrl'irioT*^ 
territory  for  the  purchasing  and  storing  of  mollusks  from  the  moHusks. 
polluted  waters  hereinbefore  specified.     Said  depots  shall  be 
used  for  buying  and  storing  mollusks  from  the  polluted  areas 
only.     Every   person   who    receives   the   said    second    class 
license  shall  give  to  the  licensing  board  a  bond  in  the  penal 
sum  of  five  thousand  dollars  with  sureties  satisfactory  to 
said  board,   conditioned   upon   buying  mollusks  only  from 
those  holding  first  class  licenses,  and  upon  selling  or  other- 
wise disposing  of  the  said  mollusks  only  to  those  holding 
third  class  licenses  as  hereinafter  provided,  and  the  licensee 
shall  agree  to  comply  with  all  such  orders  and  regulations 
pertaining  to  the  purchase  and  disposal  of  the  said  mollusks 
as  shall  be  made  by  the  licensing  board  and  approved  by 
the  state  board  of  health.     Whoever,  holding  a  second  class 
license,  violates  the  condition  of  his  bond,  shall  forfeit  the 
amount  thereof  to  the  licensing  board  and  in  addition  shall 
be  subject  to  the  penalties  hereinafter  provided. 

Section  6.  Any  person,  firm  or  corporation,  including  Third  class 
the  holder  of  a  second  class  license  hereunder  who  can  satisfy  ''*^®°^^- 
the  licensing  board  that  he  or  it  has  suitable  grounds  within 
Massachusetts  waters  for  planting  mollusks  may  be  granted 
a  third  class  license  to  buy,  transport  and  plant  mollusks 
taken  from  the  polluted  territory  described  in  this  act,  con- 
ditioned upon  buying  such  mollusks  taken  from  said  polluted 
waters  only  from  those  holding  second  class  licenses  and  upon 
bedding  said  mollusks  in  clean  waters  within  the  city  or  town 
to  be  specified  in  the  license,  the  said  city  or  town  to  be 
within  the  boundaries  of  this  commonwealth,  and  further 


404 


Acts,  1911.  — Chap.  411. 


Penalty. 


Fees  for 
licenses,  etc. 


Receipts  to 
be  usod  for 
enfori'iiig 
provisions 
of  act. 


Repeal. 


conditioned  upon  allowing  said  mollusks  there  to  remain 
for  at  least  thirty  days,  ^^he  licensee  shall  agree  to  comply 
with  such  orders  and  regulations  pertaining  to  tiic  purchase, 
transportation  and  planting  of  said  mollusks  as  shall  be  made 
by  the  licensing  board  and  approved  by  the  state  board  of 
health. 

Section  7.  Any  person  or  corporation  who  violates  any 
provision  of  this  act,  or  of  the  rules  and  regulations  lawfully 
made  by  said  board,  shall  l)e  liable  to  a  fine  of  not  more  than 
one  hundred  dollars  or  to  imprisonment  for  not  more  than 
ninety  days,  or  to  both  such  fine  and  imprisonment,  and 
in  addition  thereto  shall  forfeit  any  license  held  by  him  or 
it  hereunder  for  one  year  from  the  date  of  conviction  of  such 
violation. 

Section  S.  A  fee  of  five  dollars  shall  be  charged  for  a 
first  class  license,  fifty  dollars  for  a  second  class  license,  and 
one  dollar  for  a  third  class  license.  All  licenses  granted  under 
authority  of  this  act  shall  bear  the  name,  age,  place  of  resi- 
dence, and  identifying  description  of  the  licensee.  Said 
licenses  shall  be  valid  for  one  year  from  the  date  of  issue  and 
no  longer,  shall  not  be  transferable,  and  shall  at  all  times  be 
produced  for  examination  upon  the  demand  or  retjuest  of 
any  person  authorized  to  enforce  the  provisions  of  this  act, 
or  of  any  commissioner  on  fisheries  and  game,  or  of  a  fish  or 
game  warden,  or  on  demand  of  any  sherilV,  constable,  police 
officer  or  other  officer  authorized  to  arrest  for  crime.  Failure 
or  refusal  to  produce  said  license  upon  such  demand  shall 
be  prima  facie  evidence  of  a  violation  of  this  act. 

Section  9.  All  moneys  received  from  license  fees  under 
this  act  shall  be  used  by  the  licensing  board  for  the  purpose 
of  enforcing  the  provisions  of  this  act  and  for  ])u?"])oses  inci- 
dent thereto.  If  the  moneys  receivetl  from  the  licenses 
granted  hereunder  arc  not  sufficient  to  pay  the  necessary 
expenses  incurred  for  the  purposes  herein  mentioned,  the 
city  of  New  Bedford  shall  from  time  to  time  api)ropiiate 
sums  of  money  to  meet  the  deficiency,  one  half  of  which 
shall  be  repaid  by  the  town  of  Fairliaven.  If  at  the  end  of 
the  year  there  shall  be  a  surplus  after  meeting  all  expenses, 
then  such  surplus  shall  be  divided  equally  between  the  city 
of  New  Bedford  and  the  town  of  Fairha^■en. 

Section  H).  Chapter  two  hundred  and  (Mghty-fi\e  of  the 
acts  of  the  year  nineteen  hundred  and  se\'en  is  hereby  re- 
peale<I  so  far  as  it  relat(>s  to  the  flats  and  waters  included 
within  the  provisions  of  this  act.      Approved  May  o,  1011. 


Acts,  1911.  — Chaps.  412,  413.  405 


An  Act  to  authorize  the  town  of  franklin  to  make  ChapAV2 

AN    additional   WATER    LOAN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Franklin,  for  the  purpose  of  Additional 
extendnig  and  improvmg  its  water  service,  may  borrow  water  Loan, 
money  from  time  to  time  antl  issue  therefor  negotiable  notes 
or  bonds  to  an  amount  not  exceeding  fifty  thousand  dollars. 
Such  notes  or  bonds  shall  bear  on  their  face  the  words, 
Additional  Franklin  Water  Loan,  Act  of  1911,  shall  be  pay- 
able at  periods  not  exceeding  thirty  years  from  the  date  of 
issue,  shall  bear  interest  payable  semi-annually  at  a  rate  not 
exceeding  four  per  cent  per  annum,  and  shall  be  signed  by 
the  treasurer  of  the  town  and  countersigned  by  the  water 
and  sewer  commissioners.  The  town  at  the  time  of  author-  Payment  of 
izing  tlie  said  loan  shall  })rovide  for  its  payment  in  such  annual 
payments,  beginning  not  later  than  five  years  after  the  date 
of  the  first  issue  of  any  such  notes  or  bonds,  as  will  extinguish 
the  debt  within  the  time  prescribed  in  this  act;  and  when  a 
vote  to  that  effect  has  been  passed  the  amount  required  shall, 
without  further  vote,  be  assessed  by  the  assessors  of  the  town 
aiumally  until  the  debt  incurred  by  the  loan  is  extinguished. 
The  town  shall  also  raise  annually  a  sum  which  with  the  in- 
come derived  from  the  water  rates  will  be  sufficient  to  pay 
the  current  annual  expenses  of  operating  the  water  works, 
and  the  interest  as  it  accrues  on  the  aforesaid  notes  or  bonds. 
The  town  may  sell  the  said  securities  at  public  or  private 
sale  upon  such  terms  and  conditions  as  it  may  deem  expedient: 
provided,  that  they  shall  not  be  sold  for  less  than  their  par  Proviso, 
value. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  S,  1011. 


An  Act  relative  to  a  retirement  fund  for  laborers  ChapAlii 
employed  by  the  city  of  boston. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     There  shall  be  a  retirement  board  for  the  Retirement 
laborers  employed  by  the  city  of  Boston,  consisting  of  the  iXore^sin 
mayor,  the  auditor  and  the  treasurer  of  the  city,  who  shall  Boston."* 
discharge  the  duties  hereby  imposed  upon  them  without  addi- 
tional compensation. 

Section  2.     Any  laborer  employed  by  the  city  of  Boston  Retirement 
who  has  reached  the  age  of  sixty  years  and  who  has  been  in  etc.'* '°"^^^' 


406 


Acts,  1911.  — Chap.  414. 


Time  of 
taking  effect. 


the  service  of  the  city  for  a  period  of  not  less  than  twenty- 
five  years,  and  who  is  physically  incapacitated,  shall,  at  his 
request  and  with  the  approval  of  the  retirement  hoard  above 
provided  for,  be  retired  from  service,  and  shall  receive  for 
the  remainder  of  his  life  an  annual  pension  equal  to  one  half 
of  the  compensation  which  he  received  during  the  last  year 
of  his  service  for  the  city.  It  shall  be  the  duty  of  the  said 
board  so  to  retire  any  laborer  in  the  service  of  the  city  who 
has  reached  the  age  of  seventy  years  and  has  served  the  city 
for  a  period  of  not  less  than  twenty-five  years. 

Section  8.  This  act  shall  take  effect  on  the  first  <lay  of 
March  of  the  year  following  its  acceptance  by  the  city  council 
of  the  city  of  Boston.  Approved  May  8,  1911. 


District 
court  of 
southern 
Essex. 


Ch(q)AW       An  Act  relative  to  the  police  court  of  lynn. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  towns  of  Saugus,  ^Tarblehead  and  Xa- 
hant  are  hereby  annexed  to,  and  made  a  part  of,  the  judicial 
district  of  the  police  court  of  Lynn,  for  civil  business,  and 
the  name  of  said  coiu't  is  hereby  changed  to  the  District 
Court  of  Southern  Essex;  but  this  act  shall  not  affect  the 
authority  or  jurisdiction  of  trial  justices  in  criminal  cases 
where  the  crime  is  committed  in  any  of  said  towns,  and  shall 
not  aft'ect  any  suit  or  other  {)roceeding  now  pending  before 
any  justice  or  court  having  jurisdiction  of  the  same. 

Section  2.  The  class  of  said  court  and  the  salaries  of  the 
justice,  special  justices,  clerk  and  assistant  clerk  thereof  shall 
be  readjusted  by  the  officer  paying  the  salaries,  according  to 
the  population,  as  ascertained  by  the  last  national  census,  of 
the  district  of  said  court  as  enlarged  by  this  act,  so  as  to 
correspond  with  the  classes  and  salaries  provided  for  by 
chapter  four  hundred  and  fifty-three  of  the  acts  of  the  year 
nineteen  hiuidred  and  four,  and  acts  in  amendment  thereof 
and  in  addition  thereto,  and  the  salaries  shall  be  paid  in 
accordance  with  such  readjustment  from  the  first  day  of 
January  in  the  year  nineteen  hundred  and  eleven. 

Section  3.     This  act  shall  take  effect  upon  its  pa.ssage. 

( The  foregoing  was  laid  before  the  (lovernor  on  the  second  day 
of  May,  1f>l1,  and  after  fire  days  it  had  "the  force  of  a  law", 
as  prescribed  by  the  Constitiifion,  as  it  was  not  returned  by  him 
with  his  ol)jections  thereto  within  that  time.) 


Readjnstment 
of  salaries, 
etc. 


Acts,  1911.  — Chaps.  415,  416.  407 


An  Act  to  authorize  the  city  of  boston  to  abate  a  ChapA15 

PORTION     OF     THE     BETTERMENT     ASSESSMENTS     MADE     ON 
ACCOUNT  OF  THE  LAYING  OUT  OF  COLUMBIA  ROAD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  city  of  Boston  may  at  any  time  within  Thpntyof 
two  years  from  the  passage  of  this  act  authorize  the  board  abuterATam 
of  street  commissioners  of  that  city  to  abate  such  proportion,  assessments. 
not  exceeding  twenty  per  cent  of  any  assessment  for  a  better- 
ment made  on  account  of  the  laying  out  of  Cohunbia  road 
from  FrankKn  park,  in  Dorchester,  to  JNIarine  park,  in  South 
Boston,  as  said  board  shall  deem  just  and  expedient,  and  may 
authorize  the  treasurer  of  the  city  to  repay  such  proportion 
of  any  such  assessment  which  has  been  paid  into  the  treasury 
of  the  city  as  said  board  of  street  commissioners  shall  approve. 
The  expense  incurred  under  this  act  shall  be  charged  to  the 
appropriation  for  the  park  department  of  the  city  of  Boston. 

Section  2.     This  act  shall  take  eflfect  upon  its  passage. 

Approved  May  9,  1011. 

An  Act  to  provide  for  the  repair  and  maintenance  of  CJ/apAKi 

A   CERTAIN   HIGHWAY   IN  THE  TOWN   OF  TRURO. 

Be  it  enacted,  etc.,  as  follows: 

The  Massachusetts  highway  commission  is  hereb}^  author-  Repair  and 
ized,  upon  application  of  the  selectmen  of  the  town  of  Truro,  "ra'cei'tain*' 
to  expend  a  sum  not  exceeding  five  hundred  dollars  in  any  I'llf'to^vn  of 
one  year  for  a  period  not  exceeding  ten  years,  for  the  construe-  Tnuo. 
tion,-  repair  or  maintenance  of  the  highway  extending  from 
the  railroad  crossing  at  the  head  of  Moon  Pond  meadow, 
so-called,  in  the  town  of  Truro,  to  the  boundary  line  between 
the  towns  of  Truro  and  Provincetown,  the  amount  so  author- 
ized to  be  expended  for  the  purpose  specified  in  this  act  and 
for  no  other.     Any  imexpended  balance  of  the  sum  hereby 
authorized  to  be  expended  in  any  one  year  may  be  used  in 
the  succeeding  years  for  the  same  purpose.     This  sum  shall 
be  in  addition  to  any  other  sums  that  shall  be  available  for 
the  use  of  said  commission  from  any  other  source. 

Approved  May  9,  1911. 


408  Acts,  1911.  -  CuArs.  417,  418,  419. 


ChapAll  An  Act  making  an  appropriation  for  the  soldiers'  home 

IN  MASSACHUSETTS. 

Be  it  enacted,  etc.,  as  foUoivs: 
Soldiers'  Section  1.    The  sum  of  ninetv-six  thousand  (h)llars  is 

Home  in  •  i  i  •  i      '  i>      i  r      l 

Mass;irhusetts.  lierebv  appropriated,  to  be  paid  out  oi  the  treasury  oi  the 
commonwealth  from  the  ordinary  revenue,  to  the  Trustees 
of  the  SolcHers'  Home  in  Massachusetts,  toward  the  supi)ort 
of  the  home,  as  authorized  by  chapter  forty-four  of  the 
resolves  of  the  present  year,  this  amount  to  be  paid  in  ecjual 
quarterly  instalments. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  9,  1911. 

CJfcqiAlS  An  Act  making   appropriations   for  the   payment  of 

ANNUITIES   and   PENSIONS   TO   SOLDIERS   AND    OTHERS. 

Be  it  enacted,  etc.,  as  follows: 

Appropria-  SECTION  1.     The  sums  hereinafter  mentioned  are  appro- 

priated, to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  payment  of  annuities  and 
pensions  due  from  the  commonwealth  to  soldiers  and  others 
during  the  fiscal  vear  endino;  on  the  thirtieth  dav  of  Novem- 
ber,  nineteen  hundred  and  eleven,  to  wit:  — 

Annuities.  Pop  annuities,  the  sum  of  fifty-eight  hundred  and  thirty- 

six  dollars. 

Pensions.  ^^j.  pensious,  the  sum  of  two  hundred  and  eighty  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  9,  1911. 


Chap.Al^  An  Act  making  appropriations  for  salaries  and  ex- 
penses IN  THE  department  OF  THE  INSURANCE  COMMIS- 
SIONER. 

Be  it  enacted,  etc.,  as  follows: 

Appropria-  SECTION  1.     The  sums  hereinafter  mentioned  are  appro- 

priated, to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  insurance  department, 
for  the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eleven,  to  wit:  — 

insuranre  ],^,,j.  ^j^^  sahirv  of  tlic  conimissiouer,  five  thousand  dollars. 

Deputy.  l''or  the  salary  of  the  deputy  commissioner,  thirty-five  Inin- 

dred  dollars. 


Acts,  lOU.  — Chaps.  420,  421.  409 

For  the  salary  of  the  examiner,  three  thousand  dollars.       Examiner. 

F'or  the  salary  of  the  actuary,  two  thousand  dollars.  Actuary. 

For  the  salary  of  the  chief  clerk,  two  thousand  dollars.       Chief  derk. 

For  the  salary  of  the  second  clerk,  fifteen  hunflred  dollars.  Second  cierk. 

For  the  salary  of  the  third  clerk,  twelve  hundred  dollars.  Third  cierk. 

For  additional  clerks  and  assistants,  a  sum  not  exceeding  Additional 
thirty-eight  thousand  dollars. 

For  incidental  and  contingent  expenses,  a  sum  not  exceed-  ^-''p®'*^*^- 
ing  eleven  thousand  dollars. 

For  printing  and  binding  the   annual  report,  a  sum  not  Annual 

.  .  r         '  report. 

exceeding  sixtv-three  hundred  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  9,  1911. 

An  Act  making  an  appropriation  for  the  payment  of  ChapA20 

PREMIUMS  on  securities  PURCHASED  FOR  THE  MASSACHU- 
SETTS school  fund. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     A  sum  not  exceeding  five  thousand  dollars  is  Premiums  on 
hereby  appropriated,  to  be  paid  out  of  the  treasury  of  the  purchas'ed 
commonwealth  from  the  ordinary  revenue,  for  the  payment  Massachusetts 
by  the  treasurer  and  receiver  general  of  premiums  on  securi-  School  Fund, 
ties  purchased  for  the  Massachusetts  School  Fund,  as  pro- 
vided for  by  section  three  of  chapter  forty-one  of  the  Revised 
Laws. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  9,  1911. 

An  Act  making  an  appropriation  for  the  payment  of  (JJi^p  421 
claims  arising  from  the  death  of  firemen  killed  or 
injured  in  the  discharge  of  their  duties. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sum  of  ten  thousand  dollars  is  hereby  Claims  on 
appropriated,  to  be  paid  out  of  the  treasury  of  the  common-  JheTeathof 
wealth,  as  authorized  by  section  seventy-seven  of  chapter  fi'"*™^»- 
thirty-two  of  the  Revised  Laws,  for  the  payment  of  such 
claims  as  may  arise  in  consequence  of  the  death  of  firemen 
belonging  to  the  regularly  organized  fire  department  of  a 
city  or  town,  or  of  members  in  active  service  of  any  incor- 
porated protective  department,  or  of  any  person  doing  duty 
at  the  request  of  or  by  order  of  the  authorities  of  a  town 
which  has  no  organized  fire  department,  who  are  killed  or 


410  Acts,  1011.  — Ciiai>.  422. 

who  (lie  from  injuries  received  wliilc  in  llie  discliarge  of  tlieir 
duties  at  fires,  duriiifif  the  fiscal  year  cndin'jj  on  the  thirtieth 
day  of  Novenilx-r,  nineteen  hundred  and  eleNcn. 

Si'XTiON  2.     This  act  shall  take  efi'ect  upon  its  passage. 

Approved  May  0,  ]!J1L 

C/f((j>A22  An  Act  relative  to  certain  political  advei{tisement.s. 

J)r  ll  enacted,  etc.,  as  Jotlowft: 
1907, . 181,  Section  1.     Section  three  of  chapter  five  hundred   and 

§  'I,  aiueiiilea.         .    ,  ...  ,         i-   .  i  •  i  i        i  i 

eighty-one  or  tlie  acts  or  tlie  year  nuicteen  Juuidred  and  se\en 
is  hereby  amended  hy  axhhng  at  the  end  thereof  the  words: 
—  ])r()iude<l,  howeoer,  that  this  section  shall  not  he  construed 
to  |)revent  the  bona  fide  publication  or  circulation  by  such 
a  corporation,  or  such  trustee  or  trustees,  of  i)ai(l  matter 
when  uii(U'r  a  referendum  or  (piestioji  submitted  to  tlie 
voters,  the  taking,  purchasing  or  ac((uiring  of  any  of  the 
l)roperty,  business  or  assets  of  the  c()i|)o]'ation  is  invohcd, 
provided  that  the  iiaine  of  the  corjjoi'ation  a])i)ears  therein 
ill  the  nature  of  a  signature,  and  tliat,  if  inserted  as  reachng 
matter,  such  matter  is  preceded  or  followed  by  the  word 
"advertisemcMit",  in  the  manner  required  by  section  one, — 
oprtiiin  por-  SO  as  to  read  as  follows:  —  Section  3.  No  corporation  carry- 
pr.Vilii'Iitrd  ing  on  the  business  of  a  bank,  trust,  surety,  indemnity, 
poiit'ic'ai'ron'^'  ^'^^^  dei)osit,  iusurancc,  railroad,  street  railway,  telegrai)h, 
tiii.nti..iis,  telei)hone,  gas,  electric  light,  heat,  jjower,  canal,  aqueduct, 
or  water  comj)any,  or  any  company  having  the  right  to  take 
or  condemn  land  or  to  exercise  franchises  in  public  ways 
granted  by  the  commonwealth  or  by  any  county,  city  or 
town,  and  no  tnistc*'  or  trustees  owning  or  holchng  the  ma- 
jority of  the  stock  of  such  a  corpoi'ntiou,  shall  pay  or  con- 
tribute in  onh-r  to  aid,  promote,  or  ])rc\-ent  the  iKtininatioii 
or  election  of  any  |)crson  to  ])nblic  ollice,  or  in  tudcr  to  aid, 
|)roniotc  or  aiitngoiii/.e  the  iiitci'csts  of  any  ])olitical  party, 
or  to  indncncc  or  all'cct  the  Note  on  any  (|ncstioii  submitti'd 
to  the  Noters.  No  ])ers()ii  shall  solicit  or  receive  such  payment 
or  contribution  from  such  corporation  or  such  lu)l(lers  of 
Proviso.  stock:  prooidrd,  howecer,  that  this  section  shall  not  be  con- 

strued to  prevent  the  l)ona  fide  ])ublicati()n  or  circulation 
by  such  a  corporation,  or  such  trustee  or  trustees,  of  paiil 
matter  when  under  a  referendum  or  (incstion  submitted  to 
the  voters,  the  taking,  i)urchasing  or  acipiiring  of  any  of  the 
property,  business  or  assets  of  the  corporation  is  inxob'cd, 
|)rt)\idcd   that  the  name  of  the  cor|»or;ition  appears  tlu-reiu 


Acts,  1011.— Chaps.  423,  424.  411 

in  the  nature  of  a  signature,  and  tliat,  if  inserted  as  reading 
matter,  such  matter  is  preceded  or   followed  by  the  word 
"advertisement",  in  the  maimer  recjuired  by  section  one. 
Section  2.    Tliis  act  shall  take  effect  upon  its  passage. 

Approved  May  9,  1911. 

An  Act  to  provide  for  the  registration  of  carriers  of  (Jjidp  j^o',] 

INTOXrCATINO  LIQUORS  INTO  OR  IN  CITIES  AND  TOWNS 
WHICH  DO  NOT  GRANT  LICENSES  OF  THE  FIRST  FIVE  CLASSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section   two   of   chapter   four   hundred   and  ^^5*°' ''-^^  , 

„     ,  „     ,  '.  1111-^^'  amended. 

twenty-one  or  the  acts  or  the  year  nmeteen  hundred  and  sl\ 
is  hereby  amended  by  inserting  after  the  word  "annually", 
in  the  third  line,  the  words:  —  in  the  month  of  April,  —  and 
by  inserting  after  the  word  "act",  in  the  fourth  line,  the 
words:  —  to  become  effective  on  the  fii*st  day  of  May  fol- 
lowing, and  to  be  granted  only  to  a  person,  firm  or  corpora- 
tion regularly  and  lawfully  conducting  a  general  express 
business  and  to  no  other  person,  firm  or  corporation,  —  so 
as  to  read  as  follows:  —  Section  2.  The  mayor  and  aldermen  Granting  of 
in  cities  and  the  selectmen  in  towns  in  which  said  licenses  of  mi'ts^"tc\^' 
the  first  five  classes  are  not  granted  shall  aimually  in  the 
month  of  April,  grant  and  issue  one  or  more  permits  under 
the  provisions  of  this  act,  to  become  effective  on  the  first 
day  of  May  following,  and  to  be  granted  only  to  a  person, 
firm  or  corporation  regularly  and  lawfully  conducting  a  gen- 
eral express  business  and  to  no  other  person,  firm  or  corpora- 
tion, and  every  such  permit  shall  specify  the  residence  by 
street  and  number  (if  any)  of  the  holder,  and  shall  be  subject 
to  all  laws  now  or  hereafter  in  force  relative  to  the  transporta- 
tion of  such  liquors. 

Section  2.     This  act  shall  take  effect  on  the  first  day  of  7a'^,'i°effect. 
July  of  the  current  year.  Approved  May  9,  1911. 

An  Act  to  authorize  the  cities  of  boston  and  Cambridge  (JJku)  424 
to  license  and  maintain  floats,  boat  landings  and 

other  structures  in  and  upon  the  waters  of  CHARLES 
river  basin  LYING  EASTERLY  OF  COTTAGE  FARM  BRIDGE, 
SO-CALLED. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  three  of  chapter  five  hundred  and  §^3^^^^"^;  . 
twenty-four  of  the  acts  of  the  year  nineteen  hundred  and  nine 


412 


Acts,  1911.  — Chap.  421. 


The  metro- 
politan park 
coininission 
to  have  care 
and  control 
of  the  t'liarles 
river  basin, 
etc. 


Proviso. 


is  hereby  amended  by  striking  out  all  after  the  word  "  license", 
in  the  twenty-first  Hne,  and  inserting  in  place  thereof  the 
words:  —  provided,  fiowevcr,  that  the  cities  of  Boston  and 
Cambridge  shall  have  the  sole  right  to  license  and  maintain, 
upon  such  terms  and  conditions  as  they  may  deem  reasonable, 
floats,  boat  landings  and  other  structures  in  and  upon  the 
waters  of  said  basin  to  a  distance  of  fifty  feet  from  the  shore 
of  lands  owned  and  controlled  by  the  said  cities  of  Boston 
and  Cambridge,  —  so  as  to  read  as  follows:  —  Sedioji  3. 
The  metropolitan  park  commission  shall  have  and  exercise 
exclusive  care  and  control  of  said  basin,  as  herein  defined, 
as  a  part  of  the  metropolitan  parks  system,  and  of  all  poles, 
wires  and  other  structures  placed  or  to  be  placed  on,  across, 
over  or  in  any  part  of  said  basin  and  of  the  placing  thereof 
except  on,  across,  over  or  in  any  existing  highway  of  any 
city  or  town  or  any  bridge  of  any  railroad  comi)any  across 
said  basin.  The  metropolitan  park  commission  shall  also 
have  and  exercise  over  said  l)asin  all  other  powers,  duties 
and  liabilities  now  coiiferred  or  imposed  upon  said  commis- 
sion by  chapter  four  hundred  and  seven  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-three  and  acts  in  addition 
thereto  and  in  amendment  thereof,  so  far  as  the  provisions 
of  said  acts  are  consistent  with  the  pro\isions  of  this  act. 
The  metropolitan  park  commission  may  license  the  mainte- 
nance of  floats  and  boat  landings  and  other  structures  in 
and  upon  the  waters  of  said  basin  upon  such  terms  antl  con- 
ditions as  they  deem  that  the  pu!)lic  interests  re((uire,  and 
no  float  or  boat  landing  or  other  structure  shall  be  maintained 
in  or  upon  the  waters  of  said  basin  without  such  license: 
'provided,  however,  that  the  cities  of  Boston  and  Cambridge 
shall  have  the  sole  right  to  license  and  maintain,  upon  such 
terms  and  conditions  as  they  may  deem  reasonable,  floats, 
boat  landings  and  other  structures  in  and  upon  the  waters 
of  said  basin  to  a  distance  of  fifty  feet  from  the  shore  of  lands 
ownetl  and  controlled  by  the  said  cities  of  Boston  and  Cam- 
bridge. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  9,  1911. 


Acts,  191L  — Chap.  425.  413 


An  Act  in  addition  to  the  acts  making  appropriations  (JJianA^^ 

FOR  SUNDRY  MISCELLANEOUS  EXPENSES  AUTHORIZED  DUR- 
ING THE  PRESENT  YEAR  AND  FOR  SUNDRY  MISCELLANEOUS 
EXPENSES  AUTHORIZED  BY  LAW. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  onHnary  revenue,  except  as  hereinafter  otherwise 
provided,  for  the  purposes  specified,  to  wit:  — 

For  expenses  in  connection  with  the  segregation  and  treat-  Treatment  of 
ment  of  i:)ersons  afflicted  with  epilepsy  and  other  nervous  afflkteci  with 
diseases,  as  authorized  by  chapter  twenty-four  of  the  resolves  "^^^  '^^'*'^'  '^^'^' 
of  the  present  year,  a  sum  not  exceeding  three  hundred  dol- 
lars. 

For  expenses  of  a  commission  to  consider  in  what  manner  Deyeinpment 
the  commonwealth  may  best  co-operate  with  other  states  wate/ways. 
and   with   the  federal  government  in   the  development  of 
inland  water  ways,  as  authorized  by  chapter  twenty-six  of 
the  resolves  of  the  present  year,  a  sum  not  exceeding  five 
hundred  dollars. 

For  the  estate  of  Lendell  P.  Cazeau,  as  authorized  by  chap-  Lendeiip. 
ter  twenty-seven  of  the  resolves  of  the  present  year,  the  sum  •^''^'^^'^■ 
of  twenty-eight  hundred  seventeen  dollars  and  thirty-one 
cents. 

For  William  J.  Batt,  as  authorized  bv  chapter  thirtv-seven  wiiiiam  j. 
of  the  resolves  of  the  present  year,  the  sum  of  two  hundred     ^ 
and  fifty  dollars. 

For  expenses  of  an  investigation  relative  to  the  construe-  Teaming 
tion   of   a  teaming   tunnel   under   Boston    harbor  to   East  Bostm/harbor, 
Boston,  as  authorized  by  chapter  thirty-eight  of  the  resolves 
of  the  present  year,  a  sum  not  exceeding  five  hundred  dol- 
lars. 

For  Arthur   F.   Butterworth,   as   authorized   by   chapter  Arthur  f. 
thirty-nine  of  the  resolves  of  the  present  year,  the  sum  of 
twenty-five  dollars,  to  be  paid  out  of  the  INIotor  Vehicle 
Fees  Fund. 

For  the  Massachusetts  Charitable  Eye  and  Ear  Infirmary,  Massachusetts 
as  authorized  by  chapter  forty  of  the  resolves  of  the  present  Eye  and  Ear 
year,  the  sum  of  forty-five  thousand  dollars.  infirmary. 

To  provide  for  the  preservation  of  an  ancient  monument  Boundary 
or  boundary  mark  between  the  towns  of  North  Attleborough  North  Aitie- 


414 


Acts,  1011.  — Chap.  425. 


borough  and 
Plainville. 


jraiipuvors  of 
the  militia. 


Mrdiral  ex- 
aminiTs'  fees. 


Damaeos 
caiKspd  l)y 
wild  deer. 


Small  items 
of  expendi- 
ture. 


Town  of 
Truro. 


Infantile 
paralysis. 


Tvphoid 
fever. 


Naval 
brigade. 


Watrr  Kii|)|)ly 
of  Salem  and 
Beverly. 


Investication 
of  certain 
associations. 


and  Plaiinillo,  as  authorized  })y  chapter  forty-two  of  the 
re.^olves  of  t!ie  present  year,  a  sum  not  exceeding  five  hun- 
dred dollars. 

To  provide  for  the  payment  of  expen.ses  incident  to  maneu- 
vers of  the  militia  in  nineteen  hundred  and  eleven,  a  sum 
not  exceeding  fifteen  thousand  doMars,  to  be  paid  out  of  the 
api)ropriati()n  for  compensation  and  transportation  of  officers 
and  men  of  the  volunteer  militia. 

For  medical  examiners'  fees,  a  sum  not  exceeding  seven 
hundred  dollars. 

For  the  payment  of  damages  caused  by  wild  deer  for  the 
])resent  year  and  for  j^revious  years,  a  sum  not  exceeding 
ten  thousand  dollars. 

For  small  items  of  expenditure  for  which  no  appropria- 
tions have  been  made,  and  for  cases  in  which  appropriations 
have  been  exhausted  or  have  reverted  to  the  commonwealth 
in  previous  years,  a  sum  not  exceeding  one  thousand  dollars, 
to  be  expended  under  the  direction  of  the  auditor  of  the 
commonwealth. 

For  assistance  to  the  town  of  Truro  in  maintaining  a 
section  of  its  county  highway  known  as  Beach  Point  road, 
a  sum  not  exceeding  five  hundred  dollars. 

To  provide  further  for  an  investigation  by  the  state  board 
of  health  of  infantile  paralysis,  as  authorized  by  chaj)ter 
forty-nine  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  ten  thousand  dollars. 

To  provide  for  an  extension  of  the  work  of  the  state  board 
of  health  in  regard  to  the  diagnosis  of  typhoid  fever,  as 
authorized  by  chapter  fifty  of  th(>  n^solves  of  the  present  year, 
a  sum  not  exceeding  fifteen  himdred  dollars,  this  amount  to 
be  added  to  the  general  appropriation  for  the  state  board  of 
health. 

To  provide  for  the  payment  of  certain  bills  incurred  by  a' 
lieutenant  of  the  naval  brigade,  as  authorized   by  chaj^ter 
fifty-three  of  the  resolves  of  the  present  year,  the  sum  of 
one  hundred  twenty-nine  dollars  and  seventy  cents. 

For  an  investigation  and  a  report  by  the  state  board  of 
health  as  to  a  water  supply  for  the  cities  of  Salem  aiul  I^ev- 
crly  and  the  town  of  Peabody,  as  authorized  by  chapter  fifty- 
four  of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
fifteen  hundred  dollars. 

To  i)rovide  for  an  investigation  of  voluntary  associations 
organized  or  doing  business  in  the  commonwealth  under 
written  instruments  or  declarations  of  trust,  as  authorized 


Acts,  1911.  — Ciiap.  42(3.  415 

by  chapter  fifty-five  of  tlic  resolves  of  tlie  present  year,  a 
sum  not  execediiij;  tweiity-fiv(;  liuiulnMl  dollars. 

Section  2.     This  act  shall  take  cIVcct  upon  its  passaj^c. 

Approved  May  0,  1011. 

An  Act  to  ESTAm.isii  the  Norton  fire  district.         C/hij)A26 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  inhahitants  of  the  town  of  Norton  liable  Norton  vwo 
to  taxation  in  said  town,  and  residing  within  the  territory  csUiWisiiod. 
enclosed  by  the  foUowin/;-  boundary  lines,  to  wit:  —  Be<::in-  Boundaries 
ning  at  the  junction  of  Pleasant  street  and  the  Attleborou^di-  "^ 'i'«'^'''=t- 
Norton  town  line,  thence  ruiniiuf^:  northeasterly  to  the  junc- 
tion of  the  roads  known  as  Worcestei"  stred  and  Walker 
street,  north  of  the  residence  of  William  Kales,  thence  turn- 
ing and  running  easterly  to  a  point  ui)on  the  road  known  as 
Oak  street,  said  |)oint  IxMiig  one;  thousand  feet  northerly 
from  the  centre  line  of  JVIain  street  at  the  junction  known 
as  Dorr's  corner;  thence  turning  and  running  northeasterly 
to  a  j)()int  upon  the  road  known  as  Freeman  street,  said  point 
being  one  thousand  feet  from  the  junction  of  said  Freeman 
street  with  the  centre  line  of  Main  street  near  the  residence 
of  Jerome  L'Amaroux;  thence  turning  and  rumn'ng  northerly 
to  the  jmiction  of  the  roads  known  as  Mansfield  avenue 
and  Reservoir  street,  west  of  the  residence  of  Kdward  l^'ree- 
inaii;  thence  turning  and  running  northerly  by  Reservoir 
street  to  its  junction  with  the  road  known  as  Kim  street; 
thence  turning  and  rumiing  easterly  to  the  junction  of  the 
road  known  as  Washington  street  with  the  centre  line  of  the 
New  York,  New  Maven  and  Hartford  railroad  tracks,  said 
junction  being  known  as  Otis  Sweet's  crossing;  thence  turn- 
ing and  rumiing  southerly  by  the  centre  line  of  New  York, 
New  Haven  and  Hartford  railroad  tracks  to  a  point  one 
thousand  feet  southerly  from  the  junction  of  said  New  York, 
New  Haven  and  Hartford  railroad  tracks  with  the  centre 
line  of  Main  street;  thence  turning  and  running  southwesterly 
to  the  junction  of  the  road  known  as  Pine  street  and  Rum- 
ford  river;  thence  deflecting  ^lightly  westerly  and  running 
to  the  junction  of  the  roads  in  Barrowsville  known  as  Plarvey 
street  and  Deane  street,  being  the  first  jimction  southerly 
from  Barrowsville  schoolhouse;  thence  turning  and  running 
westerly  to  the  junction  of  the  road  known  as  Union  street 
and  the  Attleborough-Norton  town  line;  thence  running 
northwesterly  by  said  town  line  to  the  point  of  beginning,  — 


410 


Acts,  1911.  — Chap.  426. 


May  raise 
ninnpy  by 
taxation. 


Proviso. 


First 
meeting. 


Watrr  mm- 
niissioiicrs, 
election, 
term,  etc. 


shall  constitute  a  fire  district,  and  are  hereby  made  a  body 
corporate  by  the  name  of  Norton  Fire  District,  for  the  pur- 
pose of  supplying  themselves  with  water  for  the  extinguish- 
ment of  fires  and  for  domestic  and  other  purposes,  for  assessing 
and  raising  taxes  for  payment  of  such  services,  and  for  defray- 
ing the  necessary  expense  of  carr^  ing  on  the  business  of  said 
district  by  making  contracts  for  supplying  water  with  the 
Norton  Water  Company,  or  by  exercising  the  authority  given 
said  fire  district  by  section  seventeen  of  chapter  four  hundred 
antl  sixty-six  of  the  acts  of  the  year  nineteen  hundred  and  ten. 

Section  2.  Said  district  may  raise  by  taxation  such  sum 
as  may  be  necessary  to  meet  the  expenses  and  liabilities 
incurred  under  the  provisions  of  this  act,  and  whenever  a 
tax  is  voted  by  said  district  for  the  purposes  of  this  act,  the 
(;lerk  shall  send  a  certified  copy  of  the  vote  to  the  assessors 
of  the  town  of  Norton,  who  shall  ])roceed  within  thirt}-  days 
thereafter  to  assess  the  same  in  the  same  manner  in  which 
town  taxes  are  required  by  law  to  be  assessed.  The  assess- 
ment shall  be  committed  to  the  town  collector,  \\h()  shall 
collect  said  tax  in  the  manner  provided  for  the  collection 
of  town  taxes  and  shall  deposit  the  proceeds  thereof  with  the 
district  treasurer  for  the  use  and  benefit  of  said  district. 
Said  district  may  collect  overdue  interest  on  taxes  in  the  same 
manner  in  which  interest  is  authorized  to  be  collected  on 
town  taxes:  yrovided,  that  the  district  at  the  time  of  \oting 
to  raise  the  tax  shall  so  determine  and  shall  also  fix  a  time 
for  payment  thereof. 

Section  3.  The  first  meeting  of  said  district  shall  be 
called  on  the  petition  of  ten  or  more  legal  voters  therein  by 
a  warrant  from  the  selectmen  of  the  town  of  Norton,  or  from 
a  justice  of  the  peace,  directed  to  one  of  the  petitioners, 
requiring  him  to  give  notice  of  the  meeting  by  posting  copies 
of  said  warrant  in  two  or  more  ])ublic  i)laces  in  said  district 
seven  days  at  least  before  the  time  of  the  meeting.  One  of 
the  petitioners  shall  preside  at  the  meeting  until  a  clerk  is 
chosen  and  sworn,  and  the  clerk  shall  preside  until  a  moder- 
ator is  chosen.  After  the  choice  of  a  moderator  for  said 
meeting  the  question  of  the  acce])tance  of  this  act  sliall  be 
submitted  to  the  voters,  and  if  it  shall  be  acce])ted  by  the 
majority  vote  of  the  voters  ])resent  and  voting  thereon  it 
shall  take  effect,  and  the  meeting  may  then  proceed  to  act 
on  the  other  articles  contained  in  the  warrant. 

Section  4.  The  Norton  Fire  1  district  shall,  after  the 
acceptance  of  this  act  as  aforesaid,  cleft  by  balK)t  three  per- 


Acts,  1911.  — Ciiai>.  427.  417 

sons  to  hold  office,  one  until  the  expiration  of  three  years, 
one  until  the  expiration  of  two  years,  and  one  until  the 
expiration  of  one  year  from  the  next  succeeding  annual  dis- 
trict meeting,  to  constitute  a  board  of  water  commissioners; 
and  at  every  annual  meeting  thereafter  one  such  commis- 
sioner shall  be  elected  bv  ballot  for  the  term  of  three  vears. 
All  the  authority  granted  to  said  district  bv  this  act  and 
not  otherwise  specifically  provided  for  shall  be  vested  in 
said  board  of  water  commissioners,  who  shall  be  subject, 
however,  to  such  instructions,  rules  and  regulations  as  the 
district  may  impose  by  its  vote.  Said  commissioners  shall 
appoint  a  treasurer  of  said  district,  who  may  be  one  of  their 
number,  who  shall  give  bonds  to  the  district  to  such  an 
amount  and  with  such  sureties  as  may  be  approved  by  the 
commissioners.  '  A  majority  of  the  commissioners  shall  con- 
stitute a  quorum  for  the  transaction  of  business.  Any  va-  vacancy, 
cancy  occurring  in  said  board  from  any  cause  may  be  filled 
for  the  remainder  of  the  unexpired  term  by  said  fire  district 
at  any  legal  meeting  called  for  the  purpose.  No  money  shall 
be  drawn  from  the  district  treasury  on  account  of  the  water 
works  except  by  a  written  order  of  said  commissioners  or  of 
a  majority  of  them. 

Section  5.  Said  district  may  adopt  by-laws,  prescribing  By-iaws. 
by  whom  and  how  meetings  may  be  called  and  notified ;  and, 
upon  the  application  of  ten  or  more  legal  voters  in  the  dis- 
trict, meetings  may  also  be  called  by  warrant  as  provided  in 
section  three.  Said  district  may  also  choose  such  other 
officers  not  provided  for  in  this  act  as  it  may  deem  necessary 
or  proper. 

Section  6.  This  act  shall  take  eftect  upon  Its  accept-  Acceptance 
ance  by  a  majority  vote  of  the  voters  of  said  district  present 
and  voting  thereon  at  a  district  meeting  called  in  accordance 
with  the  provisions  of  section  three,  within  three  years  after 
the  passage  of  this  act;  but  it  shall  become  void  unless  the 
said  district  shall  begin  to  distribute  water  to  consumers 
within  two  years  after  the  date  of  the  acceptance  of  this  act 
as  aforesaid.  Approved  May  9,  1911. 

An  Act  to  provide  for  the  publication  of  a  bulletin  n]^^^^  427 
OF  committee  hearings  of  the  general  court.  " 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     There  shall  be  published  during  each  annual  R""etinof 
session  of  the  general  court  buUetms  or  committee  hearings,  hearings. 


418 


Acts,  1911.  — Chap.  428. 


and  the  same  shall  be  under  the  control  of  the  joint  committee 
on  rules,  who  may  appoint  the  editor  thereof  and  fix  his 
compensation.  All  bills  for  editing  and  printing  the  bulletin 
shall  be  approved  by  the  senate  or  house  chairman  of  the 
joint  committee  on  rules  before  being  sent  to  the  auditor 
of  the  commonv.'ealth  for  allowance.  The  sergeant-at-arms 
shall  mail  copies  of  the  bulletin  to  persons  making  applica- 
tion therefor  on  the  payment  of  the  sum  of  two  dollars.  All 
sums  received  for  the  bulletin  shall  be  paid  into  the  treasury 
of  the  commonwealth  once  in  each  month. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  11,  1911. 


Publishing 

of  false  or 

exaggerated 

statements 

prohibited, 

etc. 


ChapA^iS  An  Act  to  prohibit  the  making  or  publishing  of  false 

OR  EXAGGERATED  STATEMENTS  CONCERNING  THE  AFFAIRS 
OF  CORPORATIONS,  JOINT-STOCK  ASSOCIATIONS,  PARTNER- 
SHIPS  OR   INDIVIDUALS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  person  who  wilfully  and  with  intent  to 
defraud  makes  or  publishes,  or  causes  to  be  made  or  published 
in  any  way  whatever,  or  permits  to  be  so  made  or  published, 
any  book,  prospectus,  notice,  report,  statement,  exhibit,  ad- 
vertisement or  other  publication  of  or  concerning  the  afl'airs, 
financial  condition,  property  or  assets  of  any  corporation, 
joint-stock  association,  partnership  or  individual,  which  said 
book,  prospectus,  notice,  report,  statement,  exhibit,  adver- 
tisement or  other  pul)lication  contains  any  statement  which 
is  false  or  wilfully  exaggerated  and  which  shall  have  a  ten- 
dency to  give  a  less  or  greater  ai^parent  value  to  the  shares, 
boiuls,  property  or  assets  of  such  corporation,  joint-stock 
association,  partnership  or  individual,  or  any  part  of  said 
shares,  bonds,  property  or  assets,  than  said  shares,  bonds, 
property  or  assets  or  any  part  thereof  slinll  really  and  in 
fact  possess,  shall  be  punished  by  a  fine  of  not  more  than 
jBve  thousand  dollars,  or  by  imprisonment  for  not  more  than 
ten  years,  or  by  both  such  fine  and  imprisonment. 

Section  2.  Chapter  three  hundred  and  eighty-three  of 
the  acts  of  the  year  nineteen  hundred  and  seven  is  hereby 
repealed.  Approved  Mai/  J 1 ,  lOll. 


Repeal. 


Acts,  1911.  — Chap.  429.  419 


An  Act  relative  to  the  granting  and  issuing  of  licenses  ChapA'2Q 
TO  insurance  agents  and  brokers. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  ninety-two  of  chapter  five  hundred  i^g!7' ^^^' 
and  seventy-six  of  the  acts  of  the  year  nineteen  hundred  and  superseded, 
seven,  and  the  first  paragraph  of  section  ninety-three  of 
the  said  chapter,  as  amended  by  chapter  one  hundred  and 
seventy  of  the  acts  of  the  year  nineteen  hundred  and  eight, 
ending  with  the  words  "its  acknowledged  agent",  are  hereby 
stricken  out  and  the  following  provisions  enacted  in  place 
thereof  as  section  ninety-two,  —  so  as  to  read  as  follows:  — 
Section  92.  Upon  written  notice  by  an  insurance  company  Appointment 
authorized  to  transact  business  in  this  commonwealth  of  its  agents and^ 
appointment  of  a  person  to  act  as  its  agent  herein,  the  insur-  ^™''^'^'  ^^'^• 
ance  commissioner  shall,  if  he  is  satisfied  that  the  appointee 
is  a  suitable  person,  issue  to  him  a  license  which  shall  state, 
in  substance,  that  the  company  is  authorized  to  do  business 
in  this  commonwealth,  and  that  the  person  named  therein 
is  the  constituted  agent  of  the  company  in  this  common- 
wealth for  the  transaction  of  such  business  as  it  is  authorized 
to  transact  herein.  Such  notice  shall  be  upon  a  form  fur- 
nished by  the  insurance  commissioner  and  shall  be  accom- 
panied by  a  statement  under  oath  by  the  appointee  which 
shall  give  his  name,  age,  residence,  present  occupation,  his 
occupation  for  the  five  years  next  preceding  the  date  of  the 
notice,  and  such  other  information,  if  any,  as  the  insurance 
commissioner  may  require,  upon  a  blank  furnished  by  him. 
The  insurance  commissioner  may  at  any  time  after  the  grant- 
ing of  such  license,  for  cause  shown,  and  after  a  hearing, 
determine  any  person  so  appointed,  or  an}'  person  thereto- 
fore appointed  as  agent,  to  be  unsuitable  to  act  as  such  agent, 
and  shall  thereupon  revoke  such  license  and  notify  both  the 
company  and  the  agent  of  such  revocation.  Unless  revoked 
by  the  commissioner,  or  unless  the  company  by  written 
notice  to  the  commissioner  cancels  the  agent's  authority  to 
act  for  it,  such  license  and  any  other  license  issued  to  an  agent 
or  any  renewal  thereof  shall  expire  on  the  thirtieth  day  of 
June  next  after  its  issue.  But  any  license  issued  and  in  force 
when  this  act  takes  effect  or  thereafter  issued,  may,  in  the 
discretion  of  the  commissioner,  be  renewed  for  a  succeeding 
year  or  years  by  a  renewal  certificate  without  the  commis- 
sioner's requiring  the  detailed  information  required  by  this 


420  Acts,  1911. —Chap.  429. 

act.  A  foreign  company  shall  pay  a  fee  of  two  dollars  for 
every  such  license  and  for  each  renewal  thereof,  ^^'hile  such 
license  remains  in  force,  a  foreign  company  shall  be  bound 
by  the  acts  of  the  person  named  therein  \\  ithin  his  apparent 
authority  as  its  acknowledged  agent. 

Penalties.  Whocvcr  shall  assume  to  act  as  such  agent  or,  unless  a 

licensed  broker,  shall,  in  any  manner,  for  compensation,  aid 
in  negotiating  contracts  of  insurance  on  behalf  of  such  cor- 
poration for  a  person  other  than  himself,  prior  to  the  issuing 
of  a  license  as  aforesaid,  or  after  receiving  notice  of  such 
finding  of  unsuitability,  or  after  the  determination  of  the 
license  or  renewal,  shall  be  subject  to  the  penalties  of  section 
one  hundred  and  twenty. 

{.'■''''''"  ,  Sfx'TION  2.     Licenses  issued  and  in  force  at  the  date  when 

licenses  to  .  i>      i  •  i  r  •       • 

remain  in         scctiou  ouc  oi  this  act  takcs  eiTect  shall  remam  m  force  for 

the  remainder  of  the  term  for  which  they  were  issued,  and 

the  authority  of  the  agents  of  domestic  comj^anies  shall  cease 

on  June  thirtieth  next  after  section  one  of  this  act  takes  effect, 

unless  sooner  terminated  as  provided  by  law. 

1907, 576,  Section  3.     Said  chapter  five  hundred  and  seventy-six 

superseded.       is  hereby  further  amended  by  striking  out  section  ninety-fi\e 

The  insurance  and  inserting  in  place  thereof  the  following:  —  Section  95. 

commissioner      mi        •  •      •  j^i  j_       i-    j 

to  grant  1  he  msuraucc  commissioner  may  upon  the  payment  oi  ten 

licenses,  etc.  dollars  issuc  to  any  suitable  person  resident  in  this  common- 
wealth or  resident  in  any  other  state  granting  brokers' 
licenses  to  residents  of  this  commonwealth,  a  license  to  act 
as  an  insurance  broker  to  negotiate  contracts  of  insurance 
or  reinsurance  or  place  risks  or  efi'ect  insurance  or  reinsurance 
with  any  qualified  domestic  insurance  company  or  its  agent, 
or  with  the  authorized  agent  in  this  commonwealth  of  any 
foreign  insurance  company  duly  admitted  to  do  business  in 
for^appoin"  ^^^^^  commouwealth,  upon  the  following  conditions:  The 
ment.  applicant  for  such  a  license  shall  file  with  the  insurance 

commissioner  an  apj^lication  which  shall  be  in  writing  upon 
a  form  to  be  provided  by  the  commissioner,  and  shall  be 
executed  by  the  applicant  under  oath  and  kept  on  file  by 
the  insurance  commissioner.  Such  apjilication  sliall  state 
the  name,  age,  residence  and  occui)ati()n  of  the  applicant  at 
the  time  of  making  aj)plication,  his  occupation  for  the  five 
years  next  preceding  the  date  of  filing  the  ap|>lication,  and 
shall  state  that  the  applicant  intends  to  hold  himself  out 
and  carry  on  business  in  good  faith  as  an  insuranct^  broker,  and 
shall  give  such  other  information  as  the  conunissioner  may 
require.     The  application  shall  be  accompanied  by  a  state- 


Acts,  1911.  — Chap.  429,  421 

ment  upon  a  blank  furnished  by  the  insurance  commissioner 
as  to  the  trustworthiness  and  competency  of  the  apphcant, 
signed  by  at  least  three  reputable  citizens  of  this  common- 
wealth. If  the  insurance  commissioner  is  satisfied  that  the 
applicant  is  trustworthy  and  competent  and  intends  to  hold 
himself  out  and  carry  on  business  in  good  faith  as  an  insur- 
ance broker,  he  shall  issue  to  him  the  license  applied  for. 
The  commissioner  may  at  any  time  after  the  granting  of  a  License  may 
broker's  license,  for  cause  shown,  and  after  a  hearing,  deter-  *^''^^°  ^ 
mine  that  the  licensee  has  not  complied  with  the  insurance 
laws  or  is  not  trustworthy  or  competent,  or  is  not  holding 
himself  out  and  actualh"  carrying  on  business  as  an  insur- 
ance  broker,  or  is  not  a  suitable  person  to  act  as  an  insur- 
ance broker,  and  he  shall  thereupon  revoke  the  license  of 
such  broker  and  notify  him  that  his  license  has  been  re- 
voked. A  broker's  license  shall  remain  in  force  one  year 
from  its  date  unless  sooner  revoked  by  the  insurance  com- 
missioner for  cause.  The  commissioner  shall  publish  a  notice 
of  the  revocation  of  a  broker's  license  in  such  manner  as  he 
deems  proper  for  the  protection  of  the  public. 

No  fee  for  the  license  aforesaid  shall  be  required  of  any  Certain  per- 
soldier  or  sailor  resident  in  this  commonwealth  who  served  tron/piTy^^ 
in  the  army  or  navy  during  the  war  of  the  rebellion  and  """"f "'"  i^^. 
received  an  honorable  discharge,  if  he  presents  to  the  insur- 
ance commissioner  satisfactory  evidence  of  his  identity. 

Brokers'  licenses  issued  on  application  as  herein  provided  |fj",fg^s'  '^'^ 
may,  in  the  discretion  of  the  commissioner,  be  renewed  upon 
the  payment  of  a  fee  of  ten  dollars  for  each  year  for  a  succeed- 
ing year  or  years  without  his  requiring   anew  the  details 
required  in  the  original  application. 

Section  4.     Section  fifteen  of  said  chapter  five  hundred  §^^^5'^'  ^'^^' 
and  seventy-six  is  hereby  amended  by  inserting  after  the  nmpndpd. 
word  "agent",  in  the  fourteenth   hne,  the  words: — ^  of  a 
foreign  company,  — -  so  as  to  read  as  follows:  —  Section  15.  Collection, 

~  I-         ^  '  etc.   01  cfr- 

He  shall  collect  and  pay  into  the  treasury  charges  and  fees  tain  charges 
as  follows:  for  valuation  of  life  policies  of  a  domestic  com- 
pany, two  and  one  half  mills  for  each  thousand  dollars  of 
insurance;  for  each  examination  prior  to  granting  the  certi- 
ficate of  authority  to  issue  policies  and  make  contracts  of 
insurance,  as  provided  in  section  six,  thirty  dollars;  for  filing 
copy  of  charter  or  deed  of  settlement  of  each  foreign  company, 
thirty  dollars,  and  for  fiHng  statement  with  application  for 
admission  and  for  each  annual  statement,  twenty  dollars; 
for  each  license  to  procure  fire  insurance  in  unauthorized 


422  Acts,  1911.  — Chap.  130. 

foreign  companies,  twenty  dollars  annually;  for  each  license 
to  an  insurance  broker,  ten  dollars;  for  each  license  or  renewal 
thereof  to  an  insurance  agent  of  a  foreign  company,  two  dol- 
lars; for  each  certificate  of  the  valuation  of  the  policies  of 
any  life  insurance  company  and  for  each  certificate  of  the 
examination,  condition  or  qualification  of  an  insurance  com- 
pany, two  dollars;  for  each  service  of  lawful  process  upon  him 
as  attorney,  two  dollars;  for  each  copy  of  any  paper  on  file 
in  his  office,  twelve  cents  a  page  and  one  dollar  for  certifying 
the  same;  and  all  other  fees  and  charges  due  and  payable 
into  the  treasury  for  any  official  act  or  service  of  the  com- 
missioner. 

t^^n  "effect  Section  5.  Sections  one,  two  and  four  of  this  act  shall 
take  effect  on  the  first  day  of  January,  nineteen  himdred  and 
tweh'e.     Section  three  of  this  act  shall  take  effect  thirty 

Proviso.  days  after  its  passage:  provided,  huwever,  that  persons  holding 

brokers'  licenses  issued  and  outstanding  when  section  three 
of  this  act  takes  eftect  shall  not  be  required  to  take  out  new 
licenses,  under  the  provisions  of  this  act,  until  their  licenses 
then  in  force  expire,  but  shall  otherwise  be  subject  to  the 
provisions  of  this  act.  Approved  May  11,  lUll. 

ChapA^O  An  Act  relative  to  sittings  of  the  superior  court  in 

THE   COUNTY   OF   ESSEX   FOR   CRIMINAL   BUSINESS. 

Be  it  enacted,  etc.,  as  follows: 

R.L.  157,  Section  1.     The  paragraph  of  section  twenty-four  of  chap- 

amended,  ter  one  hundred  and  fifty-seven  of  the  Revised  Laws  relative 
to  sittings  of  tlie  superior  court  for  the  county  of  Essex,  being 
lines  fifteen  to  twenty,  ])()tli  influsive,  is  hereby  amended  by 
striking  out  all  after  tiie  word  "October",  in  the  third  line 
of  said  paragraph,  and  inserting  in  ])lace  thereof  the  follow- 
ing: —  for  criminal  business,  at  Salem,  on  the  second  Mon- 
days of  January  and  July;  at  Newburyi)ort,  on  the  second 
Monday  of  April;  and  at  Lawrence,  on  the  second  Monday 
Sittings  of  of  September,  —  so  as  to  read  as  follows:  —  For  the  county 
*""'"  of  Essex,  for  civil  business,  at  Salem,  on  the  first  Mondays  of 

June  and  December;  at  Lawrence,  on  the  first  Monday  of 
March ;  and  at  Newburyport,  on  the  first  Monday  of  Octol)er; 
for  criminal  business,  at  Salem,  on  the  second  Mondays  of 
January  and  July;  at  Newburyport,  on  the  second  Mond;iy  of 
Ajjril;  and  at  Lawrence,  on  the  second  Monday  of  Septeniber. 
?'V'.'«°'„   .  Skction  2.     This  act  shall  take  etVect  on  the  first  da\-  of 

September  in  the  year  nineteen  hundred  and  ele\  tii. 

Approved  Mai/  II,  WU. 


Acts,  1911.  — Chaps.  431,  432,  433.  423 


An  Act  relative  to  the  imposition  and  collection  of  ChapA^X 

FINES    BY    unions    OR   OTHER  ASSOCIATIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     No  fine  or  notice  of  intention  to  impose  a  fine  imposition 

1  •  ,1  •    X*  •  J.     ^  •         and  collec- 

by  any  union  or  any  other  association,  incorporated  or  uniii-  tion  of  tines 
corporated,    or   by   any   authorized   representative   thereof,  efe"""*"**' 
upon  any  member  thereof,  according  to  the  rules  thereof 
to  which  such  member  has  agreed  to  conform,  shall  be  held 
to  be  unlawful  or  coercive  as  to  such  member  or  as  to  any 
other  person :  provided,  that  such  fine  is  reasonable  in  amount  Proviso. 
and  is  for  a  purpose  which  is  legal. 

Section  2.     This  act  shall  fake  effect  upon  its  passage. 

Approved  May  13,  1911. 

An  Act  relative  to  the  appointment  of  counsel  for  ChapA?)2 

DEFENDANTS   IN  CAPITAL  CASES. 

Be  it  enacted,  etc.,  as  follotvs: 

Section  1.     If  a  defendant  in  a  capital  case  does  not  plead  o/'t?o"unlrr"* 
guilty  at  the  time  of  his  arraignment  before  a  police,  district  for  defend- 
er municipal  court,  or  trial  justice,  the  superior  court  may  capital  cases. 
assign  him  counsel  upon  his  petition,  and  upon  certification 
to  the  superior  court  of  the  record  of  the  arraignment  and 
plea  by  the  clerk  of  the  police,  district  or  municipal  court, 
or  by  the  trial  justice  before  whom  the  arraignment  was 
held.     The   case    shall    thereupon    be    continued    until    the 
assignment  of  counsel  has  been  made,  and  certification  thereof 
received  by  the  clerk  of  the  police,  district  or  municipal 
court,  or  by  the  trial  justice. 

.Section  2.     The    superior   court   may   allow   reasonable  compensa- 
compensation  for  the  services  of  counsel  assigned  to  defend  counsel. 
the  prisoner  if  he  is  otherwise  unable  to  procure  counsel,  and 
such  compensation  shall  be  paid  by  the  county  in  which  the 
indictment  is  found.  Approved  May  18,  1911. 

An  Act  to   permit  the   transfer   of  suits   from  the  CliapA^^ 
superior  court  to  the  land  court  or  from  the  land 

COURT  to  the  superior  COURT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     If  an  action  has  been  brought  in  the  superior  Transfer  of 
court  which  ought  to  have  been  brought  in  the  land  court,  the.snperior 


424  Acts,  1911.  — Chaps.  434,  435. 

court  to  the  OF  if  an  actioH  has  been  brought  in  the  land  court  which  ought 
an  cour ,  ^^  have  been  brought  in  the  superior  court,  if  the  error  is 
discovered  at  any  stage  of  the  proceedings  the  court  may, 
upon  motion  of  either  party,  order  the  action  with  all  the 
papers  relating  thereto  to  be  transferred  to  the  proper  court 
upon  terms  to  the  defendant;  and  it  shall  thereupon  be 
entered  and  prosecuted  as  if  it  had  been  commenced  therein, 
and  all  prior  proceedings  otherwise  regularly  taken  shall 
thereafter  be  valid. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  13,  1911. 


Chcq^A^^:  An  Act  relative  to  the  rhsponsibility  for  loss  by  fire 

OF   MONEY   DEPOSITED    IN   CASH-RECORDING    GAS,    ELECTRIC 
LIGHTING  AND   POWER  METERS. 

Be  it  enacted,  etc.,  as  follows: 

iviHossof''''"^  All  gas  and  electric  lighting  and  power  companies  using 
ni.)iiey  de-  cash-rccordiug  meters  shall  be  responsible  for  the  loss  by 
meters.  hrc  of  any  money  deposited  ui  said  meters. 

Approved  May  13,  1.911. 

Cha2)A!fi5  An  Act  to  authorize  the  city  of  boston  to  establish  a 

PLAYGROUND    IN   WARD    FIVE   OF   THAT  CITY. 

Be  it  enacted,  etc.,  as  folloivs: 

Tiiprityof  Section  1.     The  city  of  Boston  is  hereby  authorized  to 

esh.i,iish  ;V  purchase  land  for  a  playground  in  ward  five  in  that  city,  and 
n/wt'ra'fiv'e,  to  coustruct  aiid  equip  the  same.  For  this  purpose  the  city 
*■"'•  may  expend   a  sum   not  exceeding  one  hundred   thousand 

dollars  outside  of  its  debt  limit,  and  the  treasurer  of  the 
city  shall  issue  bonds  therefor,  payable  in  periods  not  exceed- 
ing twenty  years  from  their  dates,  and  bearing  interest  at 
a  rate  not  exceeding  four  per  cent  per  annum.  The  said 
bonds  shall  be  issued  upon  the  serial  payment  plan  upon  the 
terms  and  conditions  si)ccificd  herein,  and  upon  such  further 
terms  and  conditions  as  may  be  fi.xed  by  the  treasurer  of  the 
city  with  the  approval  of  the  mayor. 

Section  2.     This  act  shall  take  efl'ect  \\\n>\\  its  passage. 

Approved  May  13,  1911. 


Acts,  1911.  — Chaps.  430,  487.  425 


An  Act  relative  to  the  appointment  of  deputy  election  ChapAS6 

OFFICERS    IN   CERTAIN   CITIES. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     In  cities  which  accept  the  provisions  of  this  Appointmpnt. 
act  the  following  election  officers  shall  not  be  appointed:  — •  efeotkln'" 
deputy  warden,  deputy  clerk  and  deputy  inspectors.  officers. 

Section  2.     This  act  shall  take  effect  in  any  city  upon  its  Time  of 
acceptance  by  the  board  of  aldermen  or  by  the  board  ha^'ing  ''''""^  *''^^''*- 
the  powers  of  a  board  of  aldermen,  but  not  otherwise. 

Approved  May  13,  1911. 


An  Act  to  authorize  the  town  of  attleborough  to  (J]if(j)  437 

INCUR    additional    INDEBTEDNESS    FOR    SEW^ERAGE     PUR- 
POSES. 

Be  it  enacted,  etc.,  as  foIIoivs: 

Section  1.  The  town  of  Attleborough,  for  the  purposes  Attleborough 
mentioned  in  chapter  one  hundred  and  fifty-seven  of  the  acts  Eoan!  a^I  of 
of  the  year  nineteen  hundred  and  nine,  may  incur  indebt-  ^^^^• 
edness  to  an  amount  not  exceeding  two  hundred  thou- 
sand dollars  in  addition  to  the  amount  authorized  by  said 
chapter,  and  may  issue  therefor,  from  time  to  time,  bonds  or 
notes,  which  shall  not  be  reckoned  in  determining  the  statu- 
tory limit  of  indebtedness  of  the  town.  Such  bonds  or  notes 
shall  bear  on  their  face  the  words,  Attleborough  Sewerage 
Loan,  Act  of  1911,  shall  be  payable  in  periods  not  exceeding 
thirty'  years  from  the  dates  of  issue,  and  shall  bear  interest, 
payable  semi-annually,  at  a  rate  not  exceeding  four  per  cent 
per  annum.  They  shall  be  signed  by  the  treasurer  of  the 
town  and  countersigned  by  a  majority  of  the  selectmen. 
The  town  may,  from  time  to  time,  sell  such  securities  or  any 
part  thereof  at  public  or  private  sale,  but  they  shall  not  be 
sold  for  less  than  their  par  value.  The  proceeds  shall  be 
retained  in  the  treasury  and  the  treasurer  shall,  upon  the 
order  of  the  town  board  of  sewer  commissioners  or  of  the 
duly  authorized  committee  of  construction,  pay  therefrom 
the  expenses  incurred  for  the  purposes  mentioned  in  said 
chapter. 

Section  2.     The  town  shall  at  the  time  of  authorizing  payment  of 
said  loan  provide  for  the  payment  thereof  in  such  annual  ^°''"- 
payments  as  will  extinguish  the  same  within  the  time  pro- 
vided in  this  act;  and  when  a  vote  to  that  effect  has  been 


426 


Acts,  1911.  — Chap.  438. 


1909,  157, 
§  17, 
aineudeJ. 


Construction 
of  system  of 
sewerage. 


passed  the  amount  required  thereby,  less  the  amount  that 
may  be  appropriated  therefor  under  the  provisions  of  section 
eight  of  said  chapter  shall,  without  further  vote,  be  assessed 
by  the  assessors  of  the  town  in  each  vear  thereafter  in  the 
same  manner  in  which  other  taxes  are  assessed,  until  the  debt 
incurred  by  said  loan  is  extinguished. 

Skction  3.  Section  seventeen  of  said  chapter  is  hereby 
amended  by  striking  out  the  words  "next  but  one  after  the 
commencement  of  said  \\ork  of  construction",  in  the  fifth 
and  sixth  lines,  and  inserting  in  place  thereof  the  words:  — 
of  the  town  for  the  year  nineteen  hundred  and  thirteen,  — 
so  as  to  read  as  follows:  —  Section  17.  Until  said  board  of 
sewer  commissioners  shall  have  been  elected  as  provided  in 
this  act  the  town  may  carry  on  the  construction  of  the  sys- 
tem of  sewerage  bv  a  dulv  authorized  committee  of  the  town, 
but  for  a  period  not  longer  than  until  the  annual  meeting 
of  the  town  for  the  year  nineteen  hinidred  and  thirteen. 
Said  committee  shall  serve  without  pay  and  shall  ha\e  all 
the  powers  and  authority  given  to  the  board  of  sewer  com- 
missioners in  this  act  or  by  the  general  laws  relating  to  boards 
of  sewer  commissioners.  Approved  May  /->,  1.911. 


Drawing  of 
water  from 
Sandy  pond 
by  certain 
towns. 


ChajjA^S  An  Act  to  regul.\te  the  drawing  of  water  froim  sandy 

POND    BY  THE   TOWNS   OF  CONCORD   AND    LINCOLN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Until  such  time  hereafter  as  the  waters  of 
Sandy  pond  in  the  town  of  Lincoln  shall  rise  to  within 
eighteen  inches  of  the  present  high  water  mark,  namely, 
the  top  of  the  iron  flash  board  on  the  stone  dam  heretofore 
established  by  the  town  of  Concord  to  increase  the  storage 
capacity  of  said  pond,  the  town  of  Concord  shall  not  during 
any  calendar  month  withdraw  water  from  said  pond  in  excess 
of  a  daily  average  of  fifty  thousand  gallons:  prodded,  how- 
ever, that  in  case  of  accident  to  any  of  its  supplying  works,  or 
other  extraordinary  need  or  emergency,  the  town  of  Uoncord 
may,  with  the  approval  of  the  state  board  of  health,  with- 
draw from  said  pond  such  quantities  of  water  in  excess  of  a 
daily  average  of  fifty  thousand  gallons  at  such  times  and  for 
such  periods  of  time  as  said  board  may  (h'tcrmine  to  be 
reasonable  and  proper,  but  not  exceeding  in  any  one  year  a 
total  amount  of  twenty  million  gallons, 
t'f.e^druw'ing  SECTION  2.     At  all  tiiucs  after  the  waters  of  said  pond 

of  wai.r,  shall  have  risen  to  within  eighteen  inches  of  the  high  water 


Proviso. 


Acts,  1911.  — Chap.  438.  427 

mark  described  in  section  one  of  this  act,  the  town  of  Concord 
may,  for  the  purposes  specified  in  section  one  of  chapter  one 
liundred  and  eighty-eight  of  the  acts  of  the  year  eighteen 
hundred  and  seventy-two,  withdraw  an  unHmited  supply  of 
water  from  said  pond  whenever  the  waters  in  said  pond  shall 
be  not  more  than  three  feet  below  said  high  water  mark;  and 
whenever  said  waters  shall  be  more  than  three  feet,  and  not 
more  than  four  feet  below  said  high  water  mark,  the  town  of 
Concord  may  withdraw  from  said  pond  a  quantity  of  water 
not  exceeding  a  daily  average  of  two  hundred  thousand  gal- 
lons. Whenever  the  waters  of  said  pond  shall  be  drawn  to 
a  level  four  feet  below  said  high  water  mark  the  right  of  the 
town  of  Concord  to  draw  water  from  said  pond  shall  cease 
until  the  water  in  the  pond  shall  again  rise  to  or  above  a 
level  four  feet  below  said  high  water  mark :  provided,  however,  Proviso, 
that  at  all  times  when  the  water  in  said  pond  shall  fall  to 
a  level  four  feet  or  more  below  said  high  water  mark  the 
town  of  Concord  shall  have  the  right  to  withdraw  water  from 
said  pond  in  such  quantities  and  for  such  periods  of  time  as 
the  state  board  of  health  shall  upon  investigation  determine 
to  be  reasonable  and  proper  under  all  the  circumstances. 

Section  3.     At  all  times  hereafter  the  town  of  Lincoln  The  town  of 
may,  for  the  purposes  specified  in  section  one  of  chapter  one  wuhdraw''"^ 
hundred  and  eighty-eight  of  the  acts  of  the  year  eighteen  ^'''*^''  '^^''• 
hundred  and  seventy-two,  withdraw  from  said  pond  all  the 
water  necessary  to  meet  the  reasonable  requirements  of  the 
town  of  Lincoln  and  the  inhabitants  thereof  as  provided  in 
said  last  named  section. 

Section  4.  The  towns  of  Concord  and  Lincoln  shall  adopt  wasting  or 
all  reasonable  measures  recommended  by  the  state  board  of  of  water  to  be 
health  to  prevent  the  wasting  or  improper  use  of  water  with-  etJ/''"'''' ' 
di'awn  from  said  pond  bj^  said  towns  or  by  either  of  them 
under  the  provisions  of  this  act;  and  the  respective  boards 
of  water  commissioners  of  said  towns  shall,  on  or  before  the 
tenth  day  of  January  and  July  of  each  year,  file  with  the  state 
board  of  health  a  record  of  the  height  of  water  in  said  pond 
on  or  about  the  first  of  each  of  the  preceding  six  months, 
said  measurements  to  be  with  reference  to  the  high  water 
mark  describefl  in  section  one  of  this  act;  and  said  boards  of 
water  commissioners  shall  also  file  with  the  state  board  of 
health  a  record  of  the  quantity  of  water  withdrawn  from  said 
pond  by  each  of  said  towns  during  the  six  calendar  months 
next  preceding  said  January  and  July,  as  determined  by 
suitable  measuring  devices  to  be  maintained  by  each  town, 


428  Acts,  19]!.  — Chap.  439. 

respectively,  which  shall  measure  with  reasonable  accuracy 

the  quantity  of  water  so  withrlrawn  from  said  pond. 

^ghtsof  the  Section  5.     Except  as  is  otherwise  provided  herein,  noth- 

townsof  ^        ing  contained  in  this  act  shall  be  construed  as  affecting  the 

Lincoln  not       cxlstiug  Hghts  of  Said  towus  of  Concord  and  Lincoln  or  of 

either  of  them  to  the  waters  of  said  pond  or  the  use  thereof. 

Section  G.     This  act  shall  take  efl'ect  upon  its  passage. 

Approved  May  13,  1011. 

ChapA'iyd  An  Act  relative  to  rebuilding  existing  bridges  over 

CHARLES   RIVER. 

Be  it  enacted,  etc.,  as  follows: 

1910,  628,  Section  1.    Section  one  of  chapter  six  hundred  and  twenty- 

eight  of  the  acts  of  the  year  nineteen  hundred  and  ten  is 
hereby  amended  by  striking  out  the  words  "  With  the  consent 
of  the  United  States  government",  in  the  ninth  and  tenth 
lines,  by  striking  out  the  word  "ten",  in  the  fifteenth  line, 
and  inserting  in  place  thereof  the  word:  —  twelve, — and 
by  inserting  after  the  word  "basin",  in  the  sixteenth  line, 
the  words:  —  over  the  main  ship  channel,  and  the  piers 
and  otlier  obstructions  to  the  flow  of  the  river  shall  be  con- 
structed in  such  form  and  in  such  places  as  the  secretary  of 
war  of  the  Ignited  States  shall  approve,  —  so  as  to  read  as 
(?r!-e.'iain^  follows:  —  Spction  1.  The  metropolitan  park  commission  is 
(,i i(ig.s OV.M-      lifrel)v  authorized  to  replace  or  rebuild  an\-  of  the  existing 

tilt- Charles  ,     •  i     "  /-n        i  •  •   i  •        i  '     i-  i        i- 

liver.  bridges  over  (  harles  river  within  the  metropolitan  parks  tlis- 

trict  whenever  funds  for  the  purpose  shall  become  available 

Proviso.  |)y  gjft;  xinder  the  provisions  of  this  act:  provided,  Iioweirr, 

that  no  such  bridge  shall  be  replaced  or  rebuilt  unless  the 
consent  of  the  city  government  and  of  the  selectmen  of  any 
town  in  which  any  part  of  the  bridge  is  situated  shall  first 
be  obtained.  Any  such  bridge  may  be  replaced  or  rebuilt 
without  a  draw  for  the  passage  of  vessels,  and  may  be  of 
no  greater  height  above  the  water  than,  in  the  judgment  of 
said  commission,  the  architectural  apixvirnnce  of  the  bridge 
would  retjuire,  except  that  every  such  bridge  .shall  be  so  con- 
structed as  to  leave  a  clear  height  of  at  least  twehe  feet  above 
the  ordinary  level  of  the  water  in  the  basin  o\er  the  main 
ship  channel,  and  the  piers  and  other  obstructions  to  the  How 
of  the  river  shall  be  constructed  in  such  form  and  in  such 
places  as  the  secretary  of  war  of  the  Inited  States  shall  ap- 
prove. When  the  work  of  rei)lacing  or  rebuilding  any  such 
bridge   is  completed,   the   bridge  shall   be   maintained   and 


Acts,  11)11.  — CiiAr.  1^}9.  "129 


policed  under  and  in  accordance  with  the  laws  governing 
such  amendments  and  policing  at  the  time  when  the  work 
was  begun. 

Section  2.  Section  two  of  said  chapter  is  hereby  amended  | ^2! ^amended. 
by  adding  at  the  end  thereof  the  following: — ^  Any  owner  or 
lessee  of  property  abutting  on  the  Charles  river  above  any 
drawless  bridge  built  under  authority  hereof  and  under 
authority  of  the  act  of  congress  entitled  "An  Act  to  au- 
thorize the  construction  of  drawless  bridges  across  a  certain 
portion  of  the  Charles  river  in  the  state  of  Massachusetts", 
approved  Februar}^  twenty-seven,  nineteen  hundred  and 
eleven,  shall  be  entitled  to  adeciuate  compensation  for 
damages,  if  any,  caused  to  said  property  or  leasehold  in- 
terests therein,  by  reason  of  the  interference  with  access 
by  water  to  said  property  due  to  the  construction  of  any 
such  drawless  bridge,  in  accordance  wdth  jirovisos  contained 
in  said  act  of  congress.  Upon  petition  of  any  such  owner 
or  lessee  entitled  to  such  damages,  filed  in  the  supreme 
judicial  court  within  one  year  after  anj^  such  bridge  without 
a  draw  is  opened  for  public  travel,  said  court  shall  appoint 
three  commissioners  to  hear  the  parties  in  interest,  and  to 
assess  the  damages  to  said  property;  and  the  decision  of 
said  commissioners  as  to  the  amount  of  said  damages  and 
as  to  questions  of  fact  involved  shall  be  final,  —  so  as  to 
read  as  follows:  —  Section  2.  The  treasurer  and  receiver  The  treasurer 
general  of  the  commonwealth  is  authorized  to  receive,  hold,  geneia'iTJ^^ 
manage  and  invest  any  funds  given  or  bequeathed  to  him  vestcJrta^n 
in  trust,  by  any  person  or  corporation,  upon  such  terms,  fundis,  etc. 
conditions  and  limitations  as  the  donor  may  impose,  for 
the  purpose  of  enabling  the  metropolitan  park  commission 
to  carry  out  the  provisions  of  this  act,  and  the  commission, 
whenever  it  shall  deem  that  the  public  interests  so  require, 
may  expend  under  authority  of  this  act  and  of  any  other 
act  relating  to  the  commission,  any  such  funds  in  accordance 
with  the  terras,  conditions  or  limitations  aforesaid.  iVny 
owner  or  lessee  of  property  abutting  on  the  Charles  river 
above  any  drawless  bridge  built  under  authority  hereof  and 
under  authority  of  the  act  of  congress  entitled  "An  Act 
to  authorize  the  construction  of  drawdess  bridges  across 
a  certain  portion  of  the  Charles  river  in  the  state  of  Massa- 
chusetts", approved  February  twenty-seven,  nineteen  hun- 
dred and  eleven,  shall  be  entitled  to  adequate  compensation 
for  damages,  if  any,  caused  to  said  property  or  leasehold 
interests  therein,  by  reason  of  the  interference  with  access 


430 


Acts,  1911.  — Chap.  439. 


1910,  628, 
§  3,  amended 


by  water  to  said  proj)crty  due  to  the  construction  of  any 
such  drawless  bridge,  in  accordance  with  provisos  contained 
in  said  act  of  congress.  Upon  petition  of  any  such  owner 
or  lessee  entitled  to  such  damages,  filed  in  the  supreme 
judicial  court  within  one  year  after  any  such  bridge  without 
a  draw  is  opened  for  public  travel,  said  court  shall  appoint 
three  commissioners  to  hear  the  parties  in  interest,  and  to 
assess  the  damages  to  said  property;  and  the  decision  of 
said  commissioners  as  to  the  amount  of  said  damages  and 
as  to  questions  of  fact  involved  shall  be  final. 

Section  3.  Section  three  of  said  chapter  is  hereby 
amended  by  striking  out  the  words  "this  section",  in  the 
eighth  line,  and  inserting  in  place  thereof  the  words:  — 
sections  two  and  three  of  this  act,  —  by  striking  out  the 
word  "said",  in  the  twelfth  line,  by  striking  out  the  words 
"of  fifty  thousand  dollars",  in  said  twelfth  fine,  and  in- 
serting in  place  thereof  the  words:  —  necessary  hereunder, 
—  by  striking  out  the  word  "said",  in  the  twenty-first  line, 
and  by  inserting  after  the  word  "seven",  in  the  same  line, 
the  words:  —  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-three,  —  so  as  to  read  as  follows:  —  Section  3.  The 
metropolitan  park  commission  may  acquire  by  purchase 
title  to  such  lands  on  the  banks  of  Charles  river  in  the  city 
of  Boston  as  the  commission  may  deem  necessary  properly 
to  connect  lands  on  said  river  now  under  the  care  and  control 
of  the  commission,  and  for  this  purpose  the^commission  may 
also  expend  a  further  sum  not  exceeding  fifty  thousand 
dollars.  To  meet  expenditures  made  under  authority  of 
sections  two  and  three  of  this  act,  the  treasurer  and  receiver 
general,  with  the  approval  of  the  governor  and  council, 
shall  issue  scrip  or  certificates  of  indebtedness,  bearing 
interest  at  a  rate  not  exceeding  four  per  cent  per  annum, 
to  the  amount  necessary  hereunder,  as  an  addition  to  the 
pol^itan  Parks  Metropolitan  Parks  Loan,  at  such  times  and  in  such  sums 
as  the  metropolitan  park  commission  shall  certify  to  him 
to  be  necessary  for  the  purjwse  aforesaid,  and  .shall  add  to 
the  existing  sinking  fund  to  j)rovide  for  the  payment  of  the 
same.  Such  scrip  or  certificates  of  indebtedness  shall  be 
issued  and  additions  to  the  said  sinking  fund  shall  be  assessed 
and  collected  in  accordance  with  the  provisions  of  sections 
nine,  ten,  eleven  and  twelve  of  chapter  four  hundred  and 
seven  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
three,  and  in  accordance  with  the  provisions  of  chapter 
two   hundred   and    eighty-three   of    the   acts   of  the    year 


Title  to  cer 
tain  lands, 
etc. 


Addition  to 
the  Metro- 


Acts,  J911.  — Chaps.  440,  441.  431 

eighteen  hundred  and  ninety-five,  and  of  ehapter  four  hun- 
dred and  nineteen  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-nine. 

Section  4.     This  act  shall  take  efl'ect  upon  its  passage. 

Appromd  May  13,  1911. 


An  Act  to  aijthorizb:  the  chief  of  the  district  police  Q/fapA'iO 

TO     GRANT      special      PERMISSION      FOR     EXHIBITIONS     IN 
CHURCHES,  HALLS  OR  OTHER  BUILDINGS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  chief  of  the  district  police  mav  grant  Certain  ex- 

.    ,  .      .  ..  1  •!  •,•  !•  •  •    i"  •       hibitions  in 

special   permission   tor   exhibitions   ot    moving   pictures   m  churches, 
churches,  halls  or  other  buildings  in  the  cities  and  towns  of    ^  ^'^  ^' 
the  commonwealth,  which,  in  his  opinion,  are  in  safe  condi- 
tion for  said  exhibitions,  and  he  may  prescribe  regulations 
for  the  proper  conduct  of  the  same. 

Section  2.     A  fee  of  two  dollars  shall  accompany  each  Fee. 
application  for  a  special  permission  as  provided  for  in  the 
foregoing  section. 

Section  3.     The  provisions  of  this  act  shall  not  apply  Not  to  apply 

to  the  city  ot   boston.  Boston. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  IS,  1911. 

An  Act  relative  to  unexpended   balances  of  appro-  Qji^y  44]^ 

PRIATIONS    FOR   SCHOOL   PURPOSES    IN    THE     CITY    OF    CAM- 
BRIDGE. 

Be  it  enacted,  etc.,  0.9  follows: 

Section  1.     The    unexpended    balance    in    any   year   of  f^l^^pl^^°^ 
the   amount  appropriated   by   law   for  school   purposes   in  tionsfor 
the  city  of  Cambridge  may,  by  written  request  of  the  school  poses  in  the 
committee  addressed  to  the  city  treasurer,  be  carried  to  the  Cambridge. 
credit  of  the  school  committee  for  use  in  subsequent  years 
for  school  purposes,  and  this  shall  be  in  addition  to  the  five 
dollars  on  .each  one  thousand  dollars  oi  taxable  property  to 
be  appropriated  or  expended  by  the  school  committee  in  any 
subsequent  years. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  13,  1911. 


432  Acts,  1911.  — CiiArs.  U2,  443. 


ChapA\2  An  Act  rel.\tive  to  pole  and  avire  locations  of  street 

RAILWAY  companies. 

Be  it  enacted,  etc.,  as  follows: 
Poif-HiKi  Section  1.     A    street    railway    company    may,    for    all 

wire  locations  i  i        •       •  i       a.    j        j.1  a 

of  street  ])urposes  iiecessary  or  reasonably  mcident  lo  the  construc- 

companies.  tion,  maintenance  or  operation  of  its  railway,  generate, 
manufacture,  use  and  transmit  electricity  in  an}'  city  or 
town  in  which  it  may  be  authorized  to  operate  its  railway, 
and  for  that  purpose  may  erect  and  maintain,  as  a  part 
of  its  railway,  and  subject  to  the  provisions  of  sections 
seven,  sixty-four,  sixty-five  and  sixty-six,  respectively,  of 
Part  III  of  chapter  four  hundred  and  sixty-three  of  the  acts 
of  the  year  nineteen  hundred  and  six,  relative  to  the  grant 
and  revocation  of  authority  therefor,  poles  and  trolley,  feed 
and  stay  wires,  and  other  proper  devices  for,  or  used  in 
connection  with,  the  transmission  of  electricity,  of  such 
materials  and  workmanship  as  may  be  prescribed  in  the 
grant  of  authority  therefor,  in,  over  and  under  any  streets. 
Proviso.  highways  and  bridges  in  any  such  city  or  town:  jmjvided, 

that  authority  to  erect  and  maintain  the  same  has  been,  or 
shall  hereafter  be,  granted  by  the  board  of  aldermen  of  the 
cit}'  or  selectmen  of  the  town,  respectively;  and  may  also 
erect  and  maintain  such  poles,  wires  and  other  devices  upon 
and  over  any  private  land,  with  the  consent  of  the  owners 
thereof. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  13,  1011. 

ChanA4:3  An  Act  relative  to  the  practice  of  manicuring  and 

MASSAGE   AND    THE    GIVING    OF   VAPOR    BATHS. 

Be  it  enacted,  etc.,  as  follows: 

I'racticeof  SECTION  1.     It    shall    bc    uulawful    for    any    person    to 

and  massage,     ])ra('tisc    mauicuriug  or  massage  or  to   conchict   an   estab- 
*''*^'  lishmcnt  for  the  giving  of  vapor  baths  for  hire  or  rewartl 

or  to  advertise  or  hold  himself  out  as  being  engaged  in 
the  business  of  manicuring,  massage  or  the  giving  of  said 
baths  without  receiving  a  license  therefor  from  the  board 
of  health  of  the  city  or  town  in  which  the  said  occui^ation 
is  to  be  carried  on.  The  board  of  hcaltli  may  grant  the 
license  upon  such  terms  and  conditions,  and  may  make 
such  rules  and  reirulations  in  regard  to  the  carrxing  on  of 


Acts,  1911.  —  Chaps.  444,  445.  433 

the  occupation  so  licensed,  as  it  may  deem  j)roper,  and 
may  revoke  any  license  granted  by  it  for  such  cause  as 
it  may  deem  sufficient,  and  without  a  hearing. 

Section  2.     JNIembers  of  the  police  department  of  any  Enforcement 
city  or  town  shall  have  the  right  to  enter  and  inspect  any 
premises  in  that  city  or  town  in  which  manicuring  or  massage 
or  the  giving  of  vapor  baths  is  carried  on  by  persons  licensed 
as  aforesaid. 

Section  3.  Whoever  violates  any  provision  of  this  act,  Penalty. 
or  any  rule  or  regulation  made  under  authority  hereof,  or 
prevents  or  hinders  any  member  of  a  police  fort'e  from  ex- 
ercising the  authority  hereby  conferred  upon  him  shall  be 
punished  by  a  fine  of  not  more  than  one  hundred  dollars 
or  by  imprisonment  for  not  more  than  six  months,  or  by 
both  such  fine  and  imprisonment. 

Approved  May  13, 1911. 

An  Act  to  define  the  duties  and  powers  of  superin-  ChapAiA 

TENDENTS   OF   SCHOOLS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  superintendent  of  schools  employed  in  Duties  and 
accordance .  with  section  forty,  section  forty-one  or  section  fdioorsuper- 
forty-four  of  chapter  forty-two  of  the  Revised  Laws,  shall,  Jfefine™'^ 
under  the  direction  of  the  school  committee,  have  the  care 
and  supervision  of  the  public  schools,  and  shall  be  the  ex- 
ecutive officer  of  the  school  committee.     He  shall  assist  the 
school  committee  in  keeping  its  records  and  accounts  and 
in  making  such  reports  as  are  required  by  law. 

Section  2.     The  superintendent  of  schools  shall  recom-  Recommenda- 
mend    teachers   to    the    school    committee,    and    shall    also  lilendents!'^^ 
recommend  text-books  and  courses  of  study  to  the  school 
committee. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approoed  May  13,  101 1. 

An  Act  to  establish  the  salaries  of  the  assistant  ChartA4:5 

REGISTERS  OF  PROBATE  AND  INSOLVENCY  FOR  THE  COUNTY 
OF  SUFFOLK. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The    salaries    of   the    assistant    registers    of  ^ffl!f^,"^ 

11      1  rtSSlSialllj 

probate  and  insolvency  for  the  county  of  Suffolk  shall  be  registers  of 
twenty-eight  hundred  dollars  each  annually.  county  of 

^       ®  Suffolk. 


431  Acts,  1911.  —  CiiArs.  Uiy,  U7,  448. 

Repeal.  SECTION  2,     So  much  of  any  act  as  is  inconsistent  here- 

with is  hereby  repealed. 
Time  of  Section  3.     This  act  shall  take  effect  on  the  first  day 

taking  effect.  ...  "^ 

of  the  calendar  month  next  siicceedinj]^  its  passage. 

Approved  May  13,  1911. 


C/fapA4:6  An  Act  to  provide  for  printinCx  and  distributing  ad- 
ditional COPIES  OF  THE  annual  report  of  the  trustees 

OF  HOSPITALS   FOR   CONSUMPTIVES. 

Be  it  enacted,  etc.,  as  follows: 
Pi"in»i"g.  There  shall  be  printed  annually  two  thousand  copies  of 

etc.,  of  an-  <>       i  i-     i    '       •       i        i>  ■ 

nuai  report.  the  I'cport  oi  the  trustccs  or  hospitals  tor  consumptives, 
of  which  one  thousand  shall  be  distributed  by  the  trustees 
at  their  discretion.  Approved  May  13,  1911. 


ChapAYl  An  Act  rel.\tive  to  estimates  of  county  receipts  and 

EXPENDITURES. 

Be  it  enacted,  etc.,  as  follows: 

Estimates  of  '^]^\^q  couiitv  conimissioiiers  of  each  county,  except  Suffolk 

receipts  and  aiul  Nautuckct,  sluill,  wlicii  forwardiug  the  estimates  of 
expen  iture&.  ^j^^  receipts  and  expenditures  of  their  counties  for  the  ensu- 
ing year  to  the  controller  of  county  accounts,  as  i)rovided 
in  section  twenty-seven  of  chapter  twenty-one  of  the  Re- 
vised Laws,  accompany  them  with  an  explanation  of  the 
reason  for  any  changes  in  the  appropriations  from  the  pre- 
ceding year  and  with  citations  of  the  statutes  relating  thereto. 
With  the  statement  of  the  estimated  expenditures  for  the 
ensuing  year  shall  be  stated  the  amount  appropriated  for 
the  preceding  year  and  the  exi)cnditures  for  each  of  the 
preceding  three  years.  Approved  May  13,  1911. 


ChanA4^S  An  Act  to  authorize  the  city  of  quincy  to  incur  in- 
debtedness FOR  W.VTER  SUPPLY  PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

^''^V^'^.r  .  Section  1.     The    citv    of   Quincv,    for    the    purpose    of 

Public  Water  ...  "     .  />  '  i  i 

Supply  1-nan,    extciuling    its    watcr    mains,    fixtures,    meters,    works    and 

Act  of  19H.  ■  e  J.'  J.      J.-  •  11  i 

service,  may  trom  time  to  time  issue  lionds,  notes  or  scrip, 
to  be  denominated  on  the  face  thereof,  Quincy  Tublic  Water 
Supply  Loan,  Act  of  1911,  to  an  amount  not  exceeding  two 


Pavment  of 


Acts,  1011.  — Chap.  440.  435 

hundred  thousand  dollars,  outside  the  limit  of  indebtedness 
fixed  by  law  for  that  city,  and  in  addition  to  the  amounts 
heretofore  authorized  by  law  to  be  issued  by  the  city  for  the 
same  purposes.  Such  bonds,  notes  or  scrip  shall  be  payable 
at  the  expiration  of  periods  not  exceeding  twenty  years  from 
their  dates  of  issue;  shall  bear  interest  payable  semi-annu- 
ally at  a  rate  not  exceeding  four  per  cent  per  annum,  and 
shall  be  signed  by  the  treasurer  of  the  city  and  counter- 
signed by  the  mayor. 

Section  2.  The  city  of  Quincy  shall,  at  the  time  of  J^ 
authorizing  said  loan,  provide  for  the  payment  thereof  in 
such  annual  proportionate  payments  as  will  extinguish  the 
same  within  the  time  prescribed  by  this  act;  and  when  a 
vote  to  that  effect  has  been  passed  by  the  city  council  and 
approved  by  the  mayor,  the  amount  required  thereby  shall 
without  further  vote  be  assessed  by  the  assessors  of  the 
city  in  each  year  thereafter,  in  the  same  manner  in  which 
other  taxes  are  assessed,  until  the  debt  incurred  by  said 
loan  is  extinguished. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  13,  1911. 


An  Act  relative  to  the  terms  of  office  of  heads  of  ChapA\^d 

DEPARTMENTS   IN   THE   MILITIA. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  term  of  office  of  the  inspector  general,  J^^"of°heads 
the  iudge  advocate  general,  the  quartermaster  general,  the  of  departments 

J    .   *  I       r.         1     •  1  I      .1        m  the  militia. 

commissary  general  ot  subsistence,  the  surgeon  general,  the 
chief  of  the  pay  department,  the  chief  of  the  ordnance 
department  and  the  chief  of  the  naval  bureau  shall  here- 
after be  five  years:  provided,  hoivever,  that  where  no  vacancy  Proviso. 
in  said  offices  exists  at  the  date  of  the  passage  of  this  act, 
said  term  of  five  years  shall  begin  to  run  at  said  date. 

Section  2.     The    officers    whose    terms    are    limited    by  Reappoiut- 
section  one  of  this  act  shall  be  eligible  for  reappointment  ™*'°*- 
subject  to  the  provisions  of  section  forty-two  of  chapter  six 
hundred  and  four  of  the  acts  of  the  year  nineteen  hundred 
and  eight,  as  amended  by  chapter  two  hundred  and  ninety- 
nine  of  the  acts  of  the  year  nineteen  hundred  and  ten. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  13,  1911. 


436 


Acts,  1911.  — Chaps.  450,  451. 


ChapA^O  x\n  Act  to  authorize  the  town  of  westfield  to  take 

LAND   FOR  THE   PURPOSE  OF  ERECTING   THEREON  A   POLICE 
STATION  OR  LOCKUP. 


The  town  of 
Westfield 
may  take 
certain  land, 
etc. 


Taking  to 
be  recorded. 


Damages. 


Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  inhabitants  of  the  town  of  Westfield, 
at  a  meeting  held  for  the  purpose,  may  vote  to  take  in 
fee  any  land  within  the  limits  of  said  town  not  a[)pr()pri- 
ated  to  public  uses,  as  a  place  for  the  erection  of  a  building 
or  buildings  to  be  used  for  a  police  station  or  lockup  or  for 
town  offices,  and  for  other  purposes  incidental  thereto;  but 
the  land  so  taken  shall  not  exceed  two  acres  in  area. 

Section  2.  The  town  shall,  within  sixty  days  after  the 
passage  of  such  a  vote,  file  and  cause  to  be  recorded  in  the 
registry  of  deeds  for  the  county  of  Hampden  a  statement  that 
the  town  takes  the  land,  and  the  purjwse  of  the  taking, 
with  such  a  description  thereof  as  is  customary  in  a  common 
conveyance  of  land,  which  statement  shall  be  signed  by  the 
selectmen;  and  upon  such  recording  the  land  so  described 
shall  be  deemed  to  be  taken  in  fee  by  said  town. 

Section  3.  The  selectmen  of  the  town  may  agree  with 
any  person  sustaining  damages  to  his  property  by  such 
taking  upon  the  amount  thereof,  and  the  town  shall  pay  the 
same;  but,  if  the  })artics  are  unable  to  agree,  the  damages 
shall,  upon  the  petition  of  either  party,  filed  in  the  superior 
court  for  the  county  of  Hampden  within  two  years  after  the 
date  of  the  recording  of  the  statement,  be  determined  by  a 
jury  in  the  manner  provided  by  law  for  determining  damages 
sustained  by  the  taking  of  land  in  laying  out  highways. 

Section  4.     This  act  shall  take  ell'ect  upon  its  passage. 

Approi'cd  May  13,  1911. 


Cliap.iT^X  An  Act  relative  to  the  release  of  certain  prisoners 

FROM  THE   state   PRISON   ON   PAROLE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  prison  commissioners  may  grant  a 
special  permit  to  be  at  liberty  from  the  state  prison  to  a 
prisoner  held  therein  upon  a  sentence  with  a  minimum 
term  of  more  than  two  and  one  half  years,  when  he  has 
served  two  thirds  of  such  mininuini  term,  if  it  appears 
to  the  commissioners  that  the  prisoner  is  likely  to  l(>a(l  an 
orderly  life,  and  they  have  a  reasonable  assurance  that  he 


rermlls  to 
be  at.  liberty 
may  be 
granted  to 
certain  pris- 
oners, etc. 


Acts,  1011.  — Chap.  452.  437 

will  not  become  a  charge  upon  public  or  private  charity; 
but  no  such  permit  shall  be  granted  to  any  prisoner  until 
he  has  served  at  least  two  and  one  half  years.  A  prisoner 
who  is  held  in  the  state  prison  upon  two  or  more  sentences 
may  be  eligible  for  release  under  this  act  when  he  has  served 
two  thirds  of  the  aggregate  of  the  minimum  terras  of  his 
sentences. 

Section  2.  Every  permit  granted  hereunder  shall  be  Terms  and 
issued  upon  terms  and  conditions  prescribed  by  the  prison  et".  '  '°°^' 
commissioners,  and  shall  be  in  force  until  the  maximum 
term  of  the  sentence  has  expired.  The  prison  commissioners 
may  revoke  the  permit  for  any  violation  of  its  terms  and 
conditions,  and  thereupon  may  issue  an  order  reciting  the 
cause  of  the  revocation,  and  authorizing  the  arrest  of  the 
holder  of  the  permit  and  his  return  to  the  state  prison  where 
he  may  be  held  according  to  the  terms  of  his  original  sentence; 
and  in  that  case  the  time  between  the  release  on  permit 
and  the  return  shall  not  be  considered  as  any  part  of  the 
term  of  the  sentence.  The  order  for  the  arrest  and  return 
of  the  prisoner  may  be  executed  by  any  officer  authorized 
to  serve  criminal  process;  and  if  at  the  time  when  the  order 
is  issued,  the  prisoner  is  confined  in  any  prison  under  another 
sentence,  the  service  of  the  order  shall  be  made  upon  his 
release  therefrom. 

Section  3.  Any  prisoner  who  is  eligible  for  a  release  Applications 
in  accordance  with  section  one  of  this  act  may  apply  for  etc.^^^*^^' 
release  on  parole  as  therein  provided.  The  application 
shall  be  transmitted  to  the  prison  commissioners  by  the 
warden  of  the  state  prison  who  shall  send  with  it  a  report 
of  the  prisoner's  conduct  and  industry,  a  statement  concern- 
ing the  prisoner's  health,  and  any  other  information  re- 
specting the  case  which  the  warden  can  supply;  and  the 
prison  commissioners  are  prohibited  from  entertaining  any 
other  form  of  application  or  petition  for  the  release  of  a 
prisoner  under  this  act.  Approved  May  13,  1911. 

An  Act  to  provide  additional  clerical  assistance  for  ChapA52 

THE    register    OF    PROBATE    AND     INSOLVENCY    FOR    THE 
COUNTY   OF   BRISTOL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  register  of  probate  and  insolvency  for  Clerical 
the  county  of  Bristol  shall  be  allowed,  in  addition  to  the  fhe'regL'ter" 
amount  now  allowed  by  law,  a  sum  not  exceeding  one  thou-  et,.^,'couiu'y 

of  Bristol. 


4:58  Acts,  1911.  — Chaps.  453,  454. 

sand  dollars  for  clerical  assistance,  to  be  paid  from  the 
treasury  of  the  commonwealth  upon  the  certificate  of  the 
register,  countersigned  by  the  judge  of  probate  and  insol- 
vency. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

{The  foregoing  was  laid  before  the  Governor  on  the  eighth 
day  of  May,  1911,  and  after  five  days  it  had  "the  force  of  a 
law",  as  prescribed  by  the  Constitution,  as  it  was  not  returned 
by  him  ivith  his  objections  thereto  within  that  time.) 

ClicqjA^S  An  Act  relative  to  the  laying  out  of  a  street  across 

THE  back  bay  fens  IN  THE  CITY  OF  BOSTON  TO  CONNECT 
HUNTINGTON  AVENUE  WITH  AUDUBON  ROAD. 

Be  it  enacted,  etc.,  as  folloivs: 
Laying  out  SECTION  1.     The  city  of  Bostou  by  its  board  of  street 

of  a  street  .      .  ,  "^  "^ 

across  the         commissioucrs,  with  the  approval  of  the  mavor,  may  lav 

Back  Bay  ,  ,  '  ,       .  ^^  ,  vi      +i        '  •    •  e 

Fens  in  Bos      out  and   coustruct,   lu   accordaucc   with   tlie   provisions   or 
'°°'  chapter  three  hundred  and  ninety-three  of  the  acts  of  the 

year  nineteen  hundred  and  six,  a  street  from  the  junction 
of  Huntington  avenue  and  Ilemenway  street  across  the 
Back  Bay  Fens,  to  connect  with  Audubon  road  at  the  junc- 
tion of  Jersey  street.  Tlie  street  so  laid  out  and  constructed 
shall  be  used  for  all  the  purposes  for  which  public  streets 
are  now  used  in  the  city  of  Boston. 
Certain  act  SECTION  2.     So  much  of  Said  chapter  three  hundred  and 

not  to  apply.  .  .  i        i        •   i  •  i 

ninety-three  as  limits  assessments  to  land  within  one  hun- 
dred and  twenty-five  feet  from  the  improved  streets  shall 
not  apply  to  any  proceedings  had,  impro^•ements  made  or 
work  done  under  this  act. 

Section  3,     This  act  shall  take  effect  upon  its  passage. 

{The  foregoing  tvas  laid  before  the  Governor  on  the  ninth  day 
of  May,  191 1,  and  after  five  days  it  had  "the  force  of  a  iaw'\ 
as  prescribed  by  the  Constitution,  as  it  uhis  not  returned  by  him 
with  his  objections  thereto  within  that  time.) 


ChapA54:  An  Act  to  provide  clerical  assistance  for  the  clerk 

OF  THE   EAST   BOSTON   DISTRICT  COURT. 

lie  it  enacted,  etc.,  as  follows: 
1907,323  Section  1.     Chapter  three  hundred  and  twentv-three  of 

§  1,  amended.  '        .  i  i        i  i  •      i  i 

the  acts  ot  the  year  nineteen  huiulreii  and  seven  is  hereby 
amended  by  striking  out  section  one  and  inserting  in  place 


Acts,  1911.  — Chaps.  455,  450.  439 

thereof  the  following:  —  Section  1.     The  clerk  of  the  East  clerical 

T^  !•        •  11  1  assistance. 

Boston  district  court  may  annually  expend  a  sum  not  ex- 
ceeding eight  hundred  dollars  for.  clerical  assistance  in  his 
office. 

Section  2.     This  act  shall  take  eflect  upon  its  passage. 

{The  foregoing  was  laid  before  the  Governor  on  the  ninth  day 
of  May,  1911,  and  after  five  days,  it  had  '' the  force  of  a  law", 
as  prescribed  by  the  Constitution ,  as  it  was  not  retnrned  by  him 
ivith  his  objections  thereto  within  that  time.) 

An  Act  rel.\tiye  to  the  inspection  of  elevators.      Chew  455 

Be  it  enacJed,  etc.,  as  follows: 

Section  twenty -eight   of  chapter  one  hundred   and   four  r.  l.  io4, 
of  the  Revised  Laws  is  hereby  amended  by  inserting  after  amended. 
the  word  "buildings,"  in  the  third  line,  the  words:  —  or  of 
the  inspector  of  buildings  of  a  city  or  town,  —  so  as  to  read 
as  follows: — -Section  28.     If  an  elevator  which  is  used  for  Unsafe eie- 
freight  or  passengers  is,   in  the  judgment  of  the  inspector  ^'*°'^' ^"^ 
of  factories   and   public    buildings,    or  of  the  inspector  of 
buildings  of  a  city  or  town,  unsafe  or  dangerous  to  use  or 
has  not  been  constructed   in  the  manner  required  by  law, 
said  inspector  shall   immediately  post  conspicuously  upon 
the  entrance  to  or  door  of  the  cab  or  car  of  such  elevator 
a  notice  of  its  dangerous   condition  and  shall  prohibit  its 
use  until  made  safe  to   his  satisfaction.     No  person  shall, 
without  authority  from  said  inspector,  remove  such  notice 
or  operate  such  elevator  while  the  notice  is  posted  as  afore- 
said.    The  provisions  of  this  section  shall  not  apply  to  the 
city  of  Boston.  Approved  May  18,  1911. 

An  Act  to  ]vl\ke  uniform  the  law  relating  to  deser-  (J]^cin  456 

TION  AND  NON-SUPPORT  OF  WIFE  BY  HUSBAND  OR  OF  CHIL- 
DREN BY  EITHER  FATHER  OR  MOTHER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Any  husband  who  without  just  cause  deserts  Making  uni- 
his  wife  or  minor  child  or  children,  whether  by  going  into  leirting^to^^^ 
another  town  or  city  in  this  commonwealth  or  into  another  non^support'^ 
state,  and  leaves  them  or  any  or  either  of  them  without 
making   reasonable   provision   for   their   support,    and   any 
husband  wdio  unreasonably  neglects  or  refuses  to  provide 
for  the  support  and  maintenance  of  his  wife  or  minor  child 
or  children,  or  abandons  or  leaves  them  or  anv  or  either  of 


440 


Acts,  1911.  —  Chap.  456. 


Payment  of 

fines,  etc. 


Complaint, 
etc. 


Temporary 
(iiiler,  etc. 


Defendiint, 
in  certain 
cases,  to  pay 
a  periodicitl 
tiiiiu,  etc. 


them  in  danger  of  becoming  a  burden  upon  the  pubUe,  and 
any  pai'ent,  whether  father  or  mother,  who  deserts  or  wil- 
fully neglects  or  refuses  to  provide  for  the  support  and  main- 
tenance of  his  or  her  child  or  children  under  the  age  of  sixteen, 
or  whose  minor  child  by  reason  of  the  neglect,  cruelty,  drunk- 
enness, habits  of  crime  or  other  vice  of  such  parent  is  growing 
up  without  education,  or  \yithout  salutary  control,  or  with- 
out proper  physical  care  or  in  circumstances  exposing  such 
child  to  lead  an  idle  and  dissolute  life,  shall  be  guilty  of  a 
crime,  and  on  conviction  thereof  shall  be  j)unished  by  a  fine 
not  exceeding  two  hundred  dollars,  or  by  imprisonment 
for  not  more  than  one  year,  or  by  both  such  fine  and  im- 
prisonment. 

Section  2.  All  fines  imposed  under  the  provisions  of 
the  foregoing  section  may,  in  the  discretion  of  the  court, 
be  ordered  to  be  paid  in  whole  or  in  part  to  the  probation 
officer  under  the  provisions  of  section  one  of  chapter  two 
hundred  and  twentv  of  the  Revised  Laws,  as  amended  l)V 
section  one  of  chapter  three  hundred  and  thirty-eight  of 
the  acts  of  the  year  nineteen  hundred  and  five,  to  be  paid 
by  such  probation  officer  to  the  wife  or  to  the  city,  town, 
corporation,  society  or  person  actually  supjiorting  the  wife 
or  minor  child  or  children  at  the  time  when  the  sentence 
was  imposed,  or  to  the  treasurer  of  the  commonwealth  ft)r 
the  use  of  the  state  board  of  charitv  if  the  minor  child  or 
children  have  been  committed  to  said  board. 

Section  3.  Proceedings  under  this  act  may  be  begun 
upon  complaint  made  under  oath  or  affirmation  by  the 
wife,  or  by  the  child  or  children,  or  by  any  other  person 
against  any  person  guilty  of  any  of  the  above  named  oti'ences, 
in  the  municipal,  district  or  police  court,  or  before  the  trial 
justice  of  the  district  in  which  the  husband  and  wife,  or 
either  of  them,  are  living  or  in  which  they  last  lived  together. 

Section  4.  At  any  time  before  the  trial,  upon  i)etition 
of  the  complainant  and  upon  notice  to  the  defendant,  the 
court,  or  a  judge  thereof  in  vacation,  may  enter  such  tem- 
porary order  as  may  seem  just,  providing  for  the  support 
of  the  deserted  wife  or  children,  or  both,  pendente  lite,  and 
may  punish  any  violation  of  such  order  as  for  contempt. 

Section  o.  Before  the  trial,  with  the  consent  of  the 
defendant,  or  at  the  trial,  on  entry  of  a  plea  of  guilty,  or 
after  conviction,  if  the  defendant  is  placed  on  probation 
or  if  liis  sentence  is  suspended  and  he  is  placed  on  ])r()batit)n 
under  the  provisions  of  section  one  of  chapter  two  hundred 


Acts,  1911.  — Chap.  456.  441 

and  twenty  of  tlie  Revised  Laws,  as  amended  by  section 
one  of  chapter  three  hundred  and  thirty-eight  of  the  acts 
of  the  year  nineteen  hunth'ed  and  five,  the  court  in  its  dis- 
cretion, having  regard  to  the  circumstances  and  to  the 
financial  abihty  or  earning  capacity  of  the  defendant,  shall 
has'e  power  to  make  an  order,  which  shall  be  subject  to 
change  by  the  court  from  time  to  time  as  circumstances  may 
require,  tlirecting  the  defendant  to  pay  a  certain  sum  peri- 
odically, for  a  term  not  exceeding  two  years,  to  the  probation 
officer,  who  shall  pay  over  the  same  to  the  wife  or  to  the 
guardian  or  custodian  of  the  said  minor  child  or  children, 
or  to  the  city,  town,  corporation  or  society  supporting  the 
wife  or  minor  child  or  children  at  the  time  when  the  sentence 
was  imposed,  or  to  the  treasurer  of  the  commonwealth  for 
the  use  of  the  state  board  of  charity  when  the  complaint  is 
for  neglect  to  pro\'ide  for  the  support  of  the  minor  child  or 
minor  children  who  have  been  committed  to  the  custody'  of 
said  board;  and  the  court  shall  also  have  power  to  release 
the  defendant  from  custody  on  probation  for  the  period 
so  fixed,  upon  his  or  her  entering  into  a  recognizance,  with 
or  without  surety,  in  such  sum  as  the  court  or  a  judge  thereof 
in  vacation  may  order  and  approve.  The  condition  of  the  condition  of 
recognizance  shall  be  that  if  the  defendant  shall  make  his  etc. 
or  her  personal  appearance  in  court,  whenever  ordered  to 
do  so,  and  shall  comply  with  the  terms  of  the  order  of  sup- 
port, or  of  any  subsequent  modification  thereof,  then  the 
recognizance  shall  be  void,  but  otherwise  it  shall  be  of  full 
force  and  effect.  Suit  may  be  brought  upon  said  recog- 
nizance by  any  person  authorized  by  the  court,  and  the 
proceeds  of  the  suit  shall  be  applied  to  the  support  of  the 
wife  or  of  the  minor  child  or  children  as  the  court  shall 
direct. 

Section  6.     If    the    court    be    satisfied    by    information  Pmceedinga 
and  due  proof  under  oath  that  at  any  time  during  said  llolatlonof 
period  of  probation  the  defendant  has  violated  the  terms  orcoun^etc!''^ 
of  the  order,  it  may  forthwith  proceed  with  the  trial  of  the 
defendant  under  the  original  charge,   or  sentence  him  or 
her  under  the  original  conviction,  or  enforce  the  suspended 
sentence,  as  the  case  ma\'  be.     In  case  of  the  forfeiture  of  Forfeiture  of 

.  1  /  1  c   1  •        -  1        recognizance. 

the  recognizance  and  enforcement  thereof  by  execution  the 
sum  recovered  may,  in  the  discretion  of  the  court,  be  paid 
in  whole  or  in  part  to  the  probation  officer,  who  shall  pay 
over  the  same  to  the  wife,  or  to  the  guardian  or  custodian 
of  said  minor  child  or  children,  or  to  the  city,  town,  corpora- 


U2 


Acts,  1911.  —  Chap.  4:^6. 


Proof  of 
marriage 


Proviso. 


tion  or  society  supporting  the  wife  or  minor  child  at  the 
time  when  the  sentence  was  imposed,  or  to  the  treasurer 
of  the  commonwealth  for  the  use  of  the  state  board  of  charity 
when  the  complaint  is  for  neglect  to  provide  for  the  support 
of  a  minor  child  or  of  minor  children  who  have  been  com- 
mitted to  the  custody  of  said  board. 

Section  7.  No  other  or  greater  evidence  shall  be  re- 
quired to  prove  the  marriage  of  the  husband  and  wife,  or 
that  the  defendant  is  the  father  or  mother  of  the  child 
or  children,  than  is  or  shall  be  required  to  prove  the  same 
facts  in  a  civil  action.  In  no  prosecution  under  this  act 
shall  any  existing  statute  or  rule  of  law  prohibiting  the 
disclosure  of  confidential  commiuiications  between  husband 
and  wife  apply,  and  both  husl)and  and  wife  shall  be  com- 
petent witnesses  to  testify  against  each  other  to  any  and 
all  relevant  matters,  including  the  fact  of  their  marriage 
and  the  parentage  of  the  child  or  children:  provided,  that 
neither  shall  be  compelled  to  gi^'e  evidence  incriminating 
himself  or  herself.  Proof  of  the  desertion  of  the  wife,  child 
or  children,  and  of  the  neglect  or  refusal  to  make  reasonable 
provision  for  their  supyjort  and  maintenance,  shall  be  prima 
facie  evidence  that  such  desertion,  neglect  or  refusal  is 
wilful  and  without  just  cause. 

Section  8.  It  shall  be  the  duty  of  the  superintendent, 
master  or  keeper,  as  the  case  may  be,  of  any  refoi-matory 
or  penal  institution  in  which  any  person  is  confined  by 
virtue  of  a  sentence  imposed  under  the  provisions  of  this 
drrum"'^"^^  act,  providing  that  the  court  imposing  such  sentence  finds 
stances,  etc.  the  wifc,  child  or  children,  as  the  case  may  be,  of  such  person 
to  be  in  destitute  or  needy  circumstances,  and  so  orders, 
to  pay  over  to  the  probation  officer,  at  the  end  of  each 
week  a  sum  equal  to  fifty  cents  for  each  day's  hard  labor 
performed  by  the  person  so  confined.  In  making  the  pay- 
ment the  superintendent,  master  or  keeper,  as  the  case  may 
be,  in  charge  of  the  reformatory  or  penal  institution,  shall 
state  the  name  of  the  person  for  whose  labor  the  payment 
is  ni;i(l(>,  and  the  i)robation  officer  shall  pay  over  such  sum 
promptly  to  the  wife,  or  to  the  guardian  or  custodian  of  the 
minor  child  or  children  of  the  person  so  confined,  or  to  the 
city,  town,  corporation  or  society  supporting  the  wife  or 
minor  child  or  children  at  the  time  when  the  sentence  was 
imposed,  or  to  the  treasurer  of  the  connnonwcalth  for  the 
use  of  the  state  board  of  charity  when  the  complaint  was  for 
neglect  to  pro\ide  for  the  support  of  the  minor  cliilil  or  of 


A  certain 
sum  to  be 
paid  weelvly 
toward  tlie 
support  of 
certain  per- 
sons in  desti 


Acts,  1911.  —  Chaps.  457,  4r>8.  448 

minor  children  who   have  been   committed  to  the  custody 
of  said  board. 

Section  9.  This  act  shall  be  so  interpreted  and  con-  inteipreta- 
strued  as  to  effectuate  its  general  purpose  to  make  uniform  '""  °  ^^' 
the  law  of  those  states  which  enact  it. 

Section  10.     All  acts  and  parts  of  acts  inconsistent  here-  Rppeai. 
with  are  hereby  repealed. 

Section  11.     This   act   may   be    cited    as   the   Uniform  uniform 
Desertion  Act.  Appraised  May  IS,  1911. 


An  Act  to  authorize  the  town  of  cohasset  to  refund  ChapA57 

CERTAIN    notes. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     For    the    purpose    of    paying    certain    out-  The  town  of 

-,  ,  #  .  1111  1  v/0ll£lS.S6t  1113.y 

standmg  notes  amountmg  to  sixty  thousand  dollars,  the  refund  cer 
town  of  Cohasset  is  hereby  authorized  to  borrow  the  said 
sum  and  to  issue  notes  or  bonds  therefor.  Such  notes  or 
bonds  shall  be  for  one  thousand  dollars  each,  in  registered 
or  coupon  form,  payable  four  a  year  in  the  years  nineteen 
hundred  and  twelve  and  nineteen  hundred  and  thirteen,  both 
inclusive,  eight  a  year  in  the  years  nineteen  hundred  and 
fourteen  to  nineteen  hundred  and  eighteen,  both  inclusive, 
and  six  a  year  in  the  years  nineteen  hundred  and  nineteen 
and  nineteen  hundred  and  twenty,  both  inclusive.  The 
notes  or  bonds  shall  be  signed  by  the  treasurer  and  counter- 
signed by  the  selectmen  of  the  town,  and  shall  bear  interest 
at  a  rate  not  exceeding  four  per  cent  per  annum.  The 
money  required  to  pay  the  interest  on  said  notes  or  bonds 
in  each  year  and  that  part  of  the  principal  which  becomes 
due  in  that  year  shall  be  raised  by  taxation  in  the  same 
manner  in  which  the  other  expenses  of  the  town  are  provided 
for. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  18,  1911. 


An  Act  relative  to  the  purification  and  improvement  (JJianA^S 

OF  MYSTIC    river,   ALEWIFE   BROOK  AND   ADJACENT   WATER 
COURSES,  PONDS  AND  DRAINAGE  AREAS. 

Be  it  enacted,  etc.,  as  follows. • 

Section  1.     For  the  purpose  of  carrying  out  the  provi-  and'impl^Te- 
sions  of  chapter  five  hundred  and  twenty-nine  of  the  acts  mentof 


444 


Acts,  1011.  — Chap.  458. 


Mystic  river, 
etc. 


Ti-pasurer 
and  receiver 
general  may 
issue  sorip, 
etc. 


Proportions 
to  be  paid  liy 
certain  cities 
and  towns. 


Time  of 
assessing 
lietternients 
extended. 


of  the  year  nineteen  hundred  and  six,  as  amended  by  chapter 
five  hundred  and  twenty-nine  of  the  acts  of  the  year  nineteen 
liundred  and  seven,  relati\'e  to  the  purification  of  IMy.stic 
river,  Alewife  brook,  and  adjacent  water  courses,  ponds  and 
drainage  areas,  and  for  sanitary  and  other  improvements 
along  Alewife  brook,  the  metropolitan  park  ccjnnnission  is 
hereby  authorized  to  expend  tlie  further  sum  of  fifteen 
thousand  dollars. 

Section  2.  To  meet  the  expenses  incurred  inider  this 
act  the  treasurer  and  receiver  general  is  hereby  authorized, 
with  the  approval  of  the  governor  and  council,  to  issue 
scrip  or  certificates  of  indebtedness  to  an  amount  not  ex- 
ceeding fifteen  thousand  dollars,  in  addition  to  the  amounts 
already  authorized  under  the  pro\isions  of  chapter  four 
hiuidred  and  seven  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-three  and  acts  in  addition  thereto  and  in  amend- 
ment thereof,  and  as  a  part  of  the  Metropolitan  Parks  Loan, 
and  subject  to  the  provisions  thereof.  Such  scrip  or  certif- 
icates of  indebtedness  shall  be  issued  as  registered  })onds, 
payable  in  not  more  than  twenty  years  from  the  dates  of 
issue,  and  shall  bear  interest  at  a  rate  not  exceeding  four 
per  cent  per  annum,  payable  semi-annually  on  the  first  days 
of  January  and  July. 

Section  3.  Said  sum  of  fifteen  thousand  dollars  shall 
be  paid  l)y  the  cities  of  Cambridge  and  Somerville  and  the 
towns  of  Arlington  and  Belmont  in  the  following  manner: 
—  forty-seven  per  cent  by  the  city  of  Cambridge,  twehe 
per  cent  by  the  city  of  Somerville,  twenty-four  per  cent  by 
the  town  of  Arlington,  and  seventeen  per  cent  by  the  town 
of  Belmont.  The  treasurer  and  receiver  general  shall  de- 
termine the  amount  thus  to  be  paid  by  the  said  cities  and 
towns,  and  shall  collect  the  same,  with  interest  at  the  cur- 
rent rates,  in  the  sum  charged  to  each  of  said  cities  and  towns 
in  the  apportionment  and  assessments  of  its  state  tax  for 
the  succeeding  twenty  years  until  the  final  sum  to  be  paid 
bv  each  citv  and  town  has  been  ]>;iid.  The  assessments 
thus  paid  shall  l)e  credited  and  added  to  the  ^Metropolitan 
Parks  Loan  Sinking  Fund 

Section  4.  The  time  within  which  assessment  of  better- 
ments may  be  made  upon  real  estate  pursuant  to  section 
seven  of  said  chajjtcr  fi\'e  hundred  and  twenty-nine  of  tiie 
acts  of  the  year  nineteen  hundred  and  six  o?i  account  of 
all  improvements  authorized  by  said  (•ha])ter,  as  amended 
by  said  chapter  five  hundred  and  twenty-nine  of  the  acts  of 


Acts,  1911.  — Chap.  459.  U5 

the  year  nineteen  hundred  and  seven,  or  authorized  by  this 
act,  is  hereby  extended  to  June  twenty-seventh,  nineteen 
hun(h*ed  and  thirteen. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  18,  1011. 


An  Act  to  authorize  the  town  of  concord  to  make  an  fj/,r,yy  459 

ADDITIONAL  WATER   LOAN.  "*  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  town  of  Concord,  for  the  purposes  men-  concord 
tioned  in  chapter  one  hundred  and  eighty-eight  of  the  acts  X^fofi^gi"' 
of  the  year  eighteen  hundred  and  seventy-two,  and  in  acts 
in  amendment  thereof  or  in  addition  thereto,   may  from 
time  to  time  borrow  money  and  issue  notes,  bonds  or  scrip 
therefor  to  an  amount  not  exceeding  fifty  thousand  dollars, 
in  addition  to  the  amount  already  authorized  by  law.     Such 
notes,  bonds  or  scrip  shall  bear  on  their  face  the  words, 
Concord   Water  Loan,  Act  of   1911,  shall    be  payable  at 
periods  not  exceeding  thirty  years  from  the  date  or  dates . 
of  issue,  shall  bear  interest  payable  semi-annually  at  a  rate 
not  exceeding  four  per  cent  per  annum,  and  shall  be  signed 
by  the  treasurer  of  the  town  and  countersigned  by  the  water 
and  sewer  commissioners. 

Section  2.  The  town  at  the  time  of  authorizing  said  loan  Payment  of 
or  loans  hereunder  shall  provide  for  the  payment  thereof  in  '"*""■ 
such  annual  payments,  beginning  not  later  than  five  years 
after  the  date  of  the  issue  thereof,  as  will  extinguish  the  same 
within  the  time  prescribed  in  this  act;  and  when  a  vote  to 
that  effect  has  been  passed,  a  sum  which,  with  the  balance 
of  income  derived  and  available  from  water  rates,  after  pay- 
ing therefrom  all  sums  and  charges  hitherto  required  or  au- 
thorized by  law ;  and  any  appropriations  and  payments  made 
therefrom  under  the  provisions  of  section  ten  of  chapter  one 
hundred  and  fifty-one  of  the  acts  of  the  year  eighteen  hun- 
dred anfl  ninety-five,  will  be  sufficient  to  pay  the  interest  as 
it  accrues  on  the  said  notes,  bonds  or  scrip,  and  to  make  such 
payments  on  the  principal  as  may  be  required  under  the  pro- 
visions of  this  act,  shall  without  further  vote  be  assessed  and 
collected  by  the  town  in  each  year  thereafter  in  a  manner 
similar  to  that  in  which  other  taxes  are  assessed,  until  the 
debt  incurred  by  said  loan  is  extinguished.  The  town  may 
sell  the  said  securities  at  public  or  private  sale,  upon  such 


44G  Acts,  1911.  — Chaps.  160,  4G1. 

terras  and  conditions  as  it  may  deem  expedient,  hut  the 
securities  sliall  not  ha  sold  for  less  than  their  ])ar  value. 
Section  o.     This  act  shall  take  efVect  upon  its  passa^'c. 

Approved  May  IS,  1011. 


Chcij)AiyO  An  act  to  protect  the  dignity  and  honor  of  the  uni- 
form  OF  THE   UNITED   STATES. 

Be  it  enacted,  etc.,  as  follows: 

wearing  the  ^^  propHetor,  manager  or  employee  of  a  theatre  or  other 

uniform  of        pubHc  phicc  of  entertainment  or  amusement  shall  make,  or 

the  United  '■  ^   ,  ..... 

States  army,  causc  to  DC  made,  auv  discrimmation  agamst  any  person  law- 
bc^iis°rim  fully  wearing  the  imiform  of  the  army,  navy,  revenue-cutter 
in  piacp'lfof"^*^  service  or  marine  corps  of  the  United  States  because  of  that 
amusement,  uniform,  and  any  person  making,  or  causing  to  be  made, 
such  discrimination  shall  be  guilty  of  a  misdemeanor,  pun- 
ishable by  a  fine  not  exceeding  five  hundred  dollars. 

Approved  May  18,  l!)ll. 


CliapA^X  An  Act  relative  to  certain  persons  comahtted  to  jails 

AND    HOUSES    OF   CORRECTION. 

Be  it  enacted,  etc.,  as  follows: 

§'-yame^nded  SECTION  1.  Scctiou  two  of  chapter  ouc  liiuidrcd  and 
seventy-six  of  the  acts  of  the  year  nineteen  luuKlretl  and 
eleven  is  hereby  amended  by  striking  out  the  words  "  Until 
such  order  is  issued  he  shall  remain  in  the  custody  of  the 
court,  as  if  he  had  not  been  sentenced",  in  the  third,  fourth 

Order  of  and  fifth  lines,  so  as  to  read  as  follows:  —  Section  2.     No 

order  shall  be  issued  for  the  commitment  of  a  person  to  a 
jail  or  house  of  correction  upon  a  sentence  of  more  than  six 
months,  until  at  least  one  day  after  the  imposition  of  said 
sentence.  At  any  time  before  the  issuing  of  such  order,  he 
may  appeal  to  the  superior  court,  as  {)rovi(led  by  section 
twenty-two  of  chaj)ter  two  hundred  and  nineteen  of  the  Ue- 
vised  Laws.  Before  such  order  is  issued  he  shall  be  notified 
of  his  right  to  take  such  appeal. 

Section  2.     This  act  shall  take  effect  upon  its  j)assage. 

Approved  May  IS,  101 1. 


commitment. 


Acts,  1911.  — Chaps.  462,  463.  447 


An  Act  relative  to  accommodations  to  be  provided  by  (JJki^j  4(32 
street  railway  companies. 

Be  it  enacted,  etc.,  as  follows: 

The  word  "accommodations"  in  section  ninety-seven  of  The  word 
Part  III  of  chapter  four  hundred  and  sixty-three  of  the  acts  dations " 
of  the  year  nineteen  hundred  and  six  shall  be  deemed  to  ^®'^°®*^- 
include  waiting  rooms,  stations,  water  closets  and  other  sani- 
tary conveniences.  Approved  May  18,  1911. 

An  Act  relative  to  the  payment  of  certain  assessments  (jJiQ^ry  4(33 

BY  CITIES   AND   TOWNS   IN   THE   METROPOLITAN   PARKS  DIS-  * 

TRICT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  order  to  relieve  cities  and  towns  o£  the  charies  River 
metropolitan  parks  district  in  pro\'iding  for  the  several  assess-  AsleTsment 
ments  required,  or  which  may  be  required,  of  them  for  the  ^''"■^■ 
years  nineteen  hundred  and  four  to  nineteen  hundred  and 
eleven,  inclusive,  as  estimated  by  the  treasurer  of  the  com- 
monwealth in  accordance  with  the  provisions  of  chapter  four 
hundred  and  sixty-five  of  the  acts  of  the  year  nineteen  hun- 
dred and  three  and  acts  in  amendment  thereof  or  in  addi- 
tion thereto,  to  meet  the  interest,  sinking  fund  and  serial 
bond  requirements  of  the  loans  authorized,  any  such  city 
by  its  city  council  or  board  having  like  powers,  and  any  such 
town  by  vote  thereof  at  any  regular  or  special  town  meeting, 
is  herebv  authorized  to  issue  from  time  to  time,  be^'ond  the 
limit  of  indebtedness  fixed  by  law  for  such  city  or  town, 
notes,  scrip  or  bonds  to  be  denominated  on  the  face  thereof, 
Charles  River  Basin  Assessment  Loan,  to  an  amount  not 
exceeding  eighty-five  per  cent  of  the  amount  estimated  by 
the  treasurer  for  said  years  nineteen  hundred  and  four  to 
nineteen  hundred  and  eleven,  inclusive,  or  for  any  part  of 
said  eighty-five  per  cent,  bearing  interest  not  exceeding  four 
per  cent  per  annum,  payable  semi-annually,  the  principal  to 
be  paid  at  periods  of  not  more  than  ten  years  from  the  issu- 
ing of  such  notes,  scrip  or  bonds,  respectively.  The  proceeds 
shall  be  used  for  the  payment  of  the  said  assessments. 

Section  2.     The  provisions  of  sections  thirteen,  fourteen  Certain  pro- 
and  fifteen  of  chapter  twenty-seven  of  the  Revised  Laws,  to^appiy.  ^^ 
and  of  any  amendments  thereof,  shall,  so  far  as  they  may  be 
applicable,  apply  to  the  loans  aforesaid. 

Section  3,     This  act  shall  take  effect  upon  its  passage. 

Approved  May  18,  1911. 


us 


Acts,  1911.— Chaps.  461,  ^65, 


Extending 
the  soiifhern 
high  service 
water  system 


Metropolitan 
Water  Loan. 


ChapAQi:  An   Act  to  authorize  the  metropolitan   water  and 

SEWERAGE  BOARD  TO  EXTEND  THE  SOUTHERN  HIGH  SERVICE 
WATER   SYSTEM   TO   THE   TOWN    OF  HIDE   PARK. 

Be  it  enacted,  etc.,  a.s  follows: 

Section  1.     The  sum  of  two  hundrcfl  and  twelve  thou- 

sarui  dollars  shall  he  allowed  and  pairl  out  of  the  treasury 

to7he  t°own'of    of  the  Commonwealth  from  the  Metropolitan  Water  Loan 

>  e    ar  .       j^m^fj  {qj.  ^}jg  extension  of  the  southern  high  service  of  the 

metropolitan  water  works  for  the  supph'  of  water  to  the 

town  of  Hyde  Park. 

Section  2.  For  the  purposes  aforesaid  the  metropolitan 
water  and  sewerage  board  may,  in  addition  to  providing  for 
the  improv^ements  for  which  expenditures  have  hitherto  been 
authorized,  expend  any  sum  heretofore  appropriated  for  the 
construction  of  the  metropolitan  water  works.  To  meet  the 
further  expenditures  incurred  under  the  })rovisions  of  this 
act,  and  not  so  provided  for,  the  treasurer  and  recei\'er  gen- 
eral shall,  from  time  to  time,  issue  upon  the  request  of  said 
board,  bonds  in  the  name  and  behalf  of  the  commonwealth, 
to  be  designated  on  the  face  thereof,  ^Metropolitan  Water 
Loan,  to  an  amount  not  exceeding  two  himdred  and  twelve 
thousand  dollars,  in  addition  to  the  sum  of  forty-one  million 
eight  hundred  and  seventy-eight  thousand  dollars  authorized 
to  be  issued  by  cliapter  four  hundred  and  eighty-eight  of  the 
acts  of  the  year  eighteen  hundred  and  ninety -fi\'e  and  acts  in 
amendment  tliereof  and  in  addition  thereto,  and  the  pro- 
visions of  said  chapter  four  hundred  and  eighty-eight  and  of 
acts  in  amendment  thereof  and  in  addition  thereto  shall 
apply  to  this  additional  loan. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  IS,  1911. 


Cha2)A(j5  An  Act  to  authorize  the  Berkshire  street  r\ilway 
company  to  sell  electricity  to  railroad  corpora- 
tions operating  trains  in  the  hoosac  tunnel. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  The  Berkshire  Street  Railway  Company  is 
hereby  empowered  to  sell  and  deliver  electricity,  for  the 
pur{)()se  of  operating  trains  in  the  Iloosac  tunnel  anil  on  the 
approaches  thereto,  to  any  railroad  corporation  operating 
trains  in  said  tunnel,  and,  for  the  purpose  of  delivering  such 


Operation  of 
railroad 
trains  in  the 
lloosae  tun- 
nel by  elec- 
tricity, etc. 


Acts,  1911.  — Chap.  4(56.  449 

electricity,  to  lay,  erect,  inaintain  and  use,  subject  to  the 
provisions  of  all  general  laws  now  or  hereafter  in  force  and 
applicable  thereto,  wires  over  or  under  the  lanes  and  high- 
ways of  any  city  or  town,  and  over  or  under  any  private 
land,  with  the  consent  of  the  owners  of  such  land. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

jlpprovcd  May  IS,  I'Jll. 

An  Act  relative  to  the  appointees  of  the  board  of  ChapAQQ 

EDUCATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Cha^pter  four  hundred  and  fifty-seven  of  the  looo,  157, 
acts  of  the  year  nineteen  hundred  and  nine,  as  amended  by  Amended. 
chapter  two  hundred  and  eiglity-two  of  the  acts  of  the  year 
nineteen  hundred  and  ten,  is  hereby  amended  by  striking  out 
section  three  and  inserting  in  place  thereof  the  following: 
—  Section  3.     The  board  shall  appoint  a  commissioner  of  Commisgioner 
education  whose  term  of  ornce  shall  be  five  years,  and  may  appointment, 
fix  his  salary  at  such  sum  as  the  governor  and  council  shall 
approve.     Said  commissioner  may  at  any  time  be  removed 
from  office  by  a  vote  of  six  members  of  the  board.     He  shall 
exercise  the  powers  and  perform  the  duties  now  conferred 
or  imposed  by  law  on  the  secretary  of  the  board  of.  education. 
He  shall  be  the  executive  officer  of  the  board,  shall  ha^'e 
supervision  of  all  educational  work  supported  in  whole  or  in 
part  by  the  commonw^ealth,  and  shall  report  thereon  to  the 
board.     The  board  shall  also  appoint  two  deputy  commis-  Deputy  com- 

.  II"  CI  iiii*^  -11       missioner. 

sioners,  at  equal  salaries,  one  of  whom  shall  be  especially 
qualified  to  deal  with  industrial  education.  The  powers, 
duties,  salaries  and  terras  of  office  of  said  deputy  commis- 
sioners shall  be  such  as  may  be  established  from  time  to 
time  by  the  board,  but  the  board  may,  by  a  vote  of  six  mem- 
bers thereof,  remove  from  office  at  any  time  either  of  said 
deputy  commissioners.  The  board  may  be  allowed  for  rent,  Expenses. 
salaries  of  the  commissioner,  the  deputies,  agents,  assistance 
and  clerical  service,  and  for  travelling  and  other  necessary 
expenses  of  the  commissioner,  the  deputies,  agents,  and  of  the 
board,  incurred  in  the  performance  of  their  official  duties, 
such  sum  as  shall  be  appropriated  by  the  general  court  an- 
nually, payable  out  of  the  treasury  of  the  commonwealth. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  19,  1011. 


450 


Acts,  1911.  — Chaps.  467,  468,  469. 


ChapA67  An  Act  to  establish  the  salary  of  the  present  deputy 

WARDEN   OF  THE   STATE   PRISON. 

Be  it  enacted,  etc.,  as  follows: 
Saiao  ofthe         q^j^g  present  deputy  warden  of  the  state  prison  shall  here- 
wardenofthe    after  receive  a  salary  of  twenty-five  hundred  dollars  a  year, 
IstabHshed.       to  bc  SO  allowed  from  the  first  day  of  January  in  the  current 
A'car. 

{The  foregoing  tvas  laid  before  the  Governor  on  the  twelfth 
day  of  May,  1911,  and  after  jive  days  it  had  ''the  force  of  a 
laiv",  as  prescribed  by  the  Constitution,  as  it  tvas  not  returned 
by  him  loiih  his  objections  thereto  within  that  time.) 


ChajpAm 


Provisions  of 
the  civil 
service  law 
to  npply  to 
chiefs  of 
police  of  cer- 
tain cities 
and  towns. 


An  Act  to  extend  the  provisions  of  the  civil  service 
act  to  chiefs  of  police  of  certain  cities  and  towns. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  provisions  of  chapter  nineteen  of  the 
Revised  Laws,  entitled  "Of  the  Civil  Service",  and  all  acts 
in  amendment  thereof  and  in  addition  thereto,  and  the  civil 
service  rules  made  thereunder,  and  all  acts  now  or  hereafter 
in  force  relating  to  the  apj)ointment  and  remo\al  of  police 
officers,  shall  apply  to  the  superintendent,  chief  of  police  or 
city  marshal  in  all  cities  except  Boston,  and  in  all  towns 
that  have  accepted,  or  may  hereafter  accept,  the  provisions 
of  said  chapter  nineteen. 

Section  2.  All  acts  and  parts  of  acts  inconsistent  here- 
with are  hereby  repealed. 

Section  3.  In  cities  to  which  it  is  applicable  this  act 
shall  be  submitted  to  the  voters  at  the  next  annual  state 
election;  in  towns  to  which  it  is  applicable  it  shall  be  sub- 
mitted to  the  voters  at  an  annual  town  meeting;  and  in  either 
case  it  shall  take  effect  in  any  such  city  or  town  upon  its 
acceptance  by  a  majority  of  the  voters  voting  thereon;  other- 
wise it  shall  not  take  cU'ect  in  any  such  city  or  town. 

Approved  May  20,  1911. 

ChapA69  An  Act  to  annex  the  town  of  iiyde  park  to  the  city 

OF    BOSTON. 


Repeal. 


Time  of 
taking  effect. 


AnncxiiiR  the 
town  of  1 1  vde 
Park  to  the 
city  of  Bo.ston. 


Be  it  enacted,  etc.,  as  follows: 

SiccTiON  1.  The  territory  now  comprised  within  'the 
limits  of  the  town  of  Uydc  Park,  with  the  inhabitants  and 
estates  therein,  is  hcrcl)y  annexed  to  and  made  part  of  the 


board  of 

tiou  com- 
missioners. 


Acts,  1911.  — Chap.  469.  4J51 

city  of  Boston,  ;uul  sluill  hereafter  constitute  a  part  of  the 
county  of  Suffolk,  subject  to  the  same  municipal  regulations, 
obligations  and  lial)ilities,  and  entitled  to  the  same  imnuuii- 
ties  in  all  respects  as  the  city  of  Boston:  provided,  hoivever,  Proviso. 
that  until  constitutionally  and  legally  changed,  said  territory 
shall  continue  to  be,  for  the  purpose  of  electing  a  member 
of  the  house  of  representatives,  part  of  the  county  of  Norfolk, 
constituting  the  third  representative  district  thereof;  for  the 
purpose  of  electing  a  senator,  part  of  the  first  Norfolk  sena- 
torial district;  for  the  purpose  of  electing  a  councillor,  part 
of  the  second  councillor  district;  and  for  the  purpose  of  elect 
ing  a  representative  in  congress,  part  of  the  congressional 
district,  number  twelve,  as  the  same  are  now  constituted. 

Section  2.  All  the  duties  now  required  by  law  to  be  per-  Duties  of  the 
formed  by  the  selectmen  and  town  clerk  of  the  town  of  Hyde  eie'cti 
Park,  or  either  of  them,  pertaining  to  the  election  of  repre- 
sentatives in  congress,  state  councillors,  and  senators  and 
members  of  the  house  of  representatives,  shall  in  like  manner 
devolve  upon  and  be  performed  by  the  board  of  election 
commissioners  of  the  city  of  Boston.  It  shall  be  the  duty 
of  the  ward  officers  of  the  ward  established  in  said  territory, 
as  hereinafter  provided,  to  make  return  of  all  votes  that  may 
be  cast  therein  from  time  to  time  for  representatives  in  con- 
gress, state  councillors,  senators,  members  of  the  house  of 
representatives,  and  for  all  other  national,  state,  district, 
county,  municipal  and  ward  officers,  to  the  board  of  elec- 
tion commissioners  of  the  city  of  Boston. 

Section  3.  All  the  public  property  of  the  town  of  Hyde  PuWic  prop- 
Park  shall  be  vested  in,  and  is  hereby  declared  to  be  the  town  to  be 
property  of  the  city  of  Boston,  and  the  city  of  Boston  shall  cTty  of  Boston. 
succeed  to  all  the  rights,  claims,  causes  of  action,  rights  to 
uncollected  taxes,  liens,  uses,  trusts,  duties,  privileges  and 
immunities  of  the  town  of  Hyde  Park.  The  town  treasurer 
of  the  town  of  Hyde  Park  shall,  on  or  before  the  second  Mon- 
day of  January,  in  the  year  nineteen  hundred  and  twelve, 
under  the  direction  of  the  selectmen  of  said  town,  who  shall 
for  this  purpose  and  for  all  other  purposes  necessary  to  carry 
into  effect  the  provisions  of  this  act,  continue  to  hold  their 
offices,  transfer,  deliver,  pay  over  and  account  for,  to  the 
city  treasurer  of  the  city  of  Boston  all  books,  papers,  moneys 
and  other  property  in  his  possession  as  town  treasurer  when 
this  act  takes  effect;  and  the  city  of  Boston  shall  become 
liable  for  and  subject  to  all  the  debts,  obligations,  duties, 
responsibilities  and  liabilities  of  the  said  town.     All  actions 


452  Acts,  1911.  — Chap.  469. 

and  causes  of  action  whicli  may  be  penditig  or  which  shall 
have  accrued  at  the  time  when  tliis  act  takes  ettect  in  beliah" 
of  or  against  the  town  of  Ilydc  I'ark  shall  survive  and  may 
be  prosecuted  to  final  judgment  and  execution  in  behalf  of 
or  against  the  city  of  Jioston. 
Jurisdiction  SECTION  4.     The  Several  courts  within  the  countv  of  Suf- 

oicourtsGic  *■ 

folk,  after  this  act  takes  effect,  shall  have  the  same  jurisdic- 
tion over  all  causes  of  action  and  proceedings  in  civil  causes, 
and  over  all  matters  in  probate  and  insolvency  which  shall 
have  accrued  Avithin  said  territorv  herebv  amiexed,  that  said 
courts  now  have  over  like  actions,  proceedings  and  matters 

Provisos.  within  the  county  of  Suffolk:  provided,  however,  that  the  sev- 
eral courts  within  the  county  of  Norfolk  shall  have  and  re- 
tain jurisdiction  of  all  actions,  proceedings  and  matters  that 
shall  have  rightfully  been  begun  in  said  courts  before  this 
act  takes  effect;  and  the  supreme  judicial  court  and  the 
superior  court  within  the  county  of  Suffolk,  after  this  act 
takes  efTect,  shall  have  the  same  jurisdiction  of  all  crimes, 
offences  and  misdemeanors  that  shall  have  been  committed 
within  the  said  territory,  which  tlie  supreme  judicial  court 
and  superior  court  within  the  coimty  of  Norfolk  now  have 
jurisdiction  of;  provided,  that  proceedings  shall  not  ha\e 
begun  in  any  of  the  courts  within  the  county  of  Norfolk  for 
the  prosecution  of  said  crimes,  ofl'ences  and  misdemeanors, 
in  which  case  the  said  courts  within  the  county  of  Norfolk 
shall  have  and  retain  jurisdiction  of  the  same  for  the  complete 
and  final  disposition  thereof.  All  suits,  proceedings,  com- 
plaints and  prosecutions,  and  all  matters  of  probate  and  in- 
solvency, which  shall  be  pending  within  said  territory  before 
any  court  or  justice  of  the  peace  when  this  act  takes  efi'ect 
shall  be  heard  and  determined  as  if  this  act  had  not  been 
enacted. 

To  iin  inHudcd       SECTION  5.     Said  territorv  shall  be  added  to  and  consti- 

111  the  .iiidi-  (1      1         •       1-    ■     1      i'-         •  I'      1  •    •        1  i" 

liaidistrirt  tutc  a  part  of  the  judicial  district  or  the  municipal  court  oi 
ipai 'oui't'of  the  city  of  Boston.  Said  court  shall  have  the  same  civil, 
Boston.  .j^jj^j  ^]^^  West  Uoxbury  district  court  the  same  civil  and  crimi- 

nal, jurisdiction  in  said  territory  which  those  courts  now 
have  in  their  present  districts. 
lard'JwinfT-         SECTION  G.     If  tliis  act  sluUl  be  accepted,  as  hereinafter 
sixoith.-city    provided,  said  territorv  shall,  after  the  Tuesday  next  fol- 

of  Boston.  {  .  in  T»  r  1   '  ,•     v  •  I 

lowing  the  first  Monday  or  .November  m  the  year  nnu'teen 
hundred  and  eleven,  constitute  a  ward  of  the  city  of  Boston 
to  be  called  ward  t\v(Mity-six,  for  all  the  iMir]ioses  mentioned 
in  this  section  and  in  the  following  section  of  this  act;  and 


Acts,  1911.  — Chap.  469.  453 

the  ward  so  establislfed  shall  be  entitled  to  all  the  municipal 
and  ward  officers  to  which  each  of  the  other  wards  of  the  city 
of  Boston  is  entitled.  The  city  council  of  the  city  of  Boston 
shall  in  due  season  call  a  meeting  of  the  legal  voters  of  said 
ward  to  be  held  in  the  year  nineteen  hundred  and  twelve, 
at  some  place  or  places  within  said  ward  which  shall  be  desig- 
nated by  the  board  of  election  commissioners  of  Boston,  to 
give  in  their  ballots  for  all  municipal  officers  to  be  voted  for, 
and  upon  all  questions  submitted  to  the  people  for  the  year 
nineteen  hundred  and  twelve,  for  and  upon  which  they  shall 
be  entitled  to  vote  by  virtue  of  the  provisions  of  this  act. 
The  board  of  election  commissioners  of  the  city  of  Boston 
shall  prepare  lists  of  the  legal  voters  in  said  ward,  to  be  used 
at  said  meeting,  and  shall  do  all  other  things  which  they  are 
now  by  law  required  to  do  in  respect  to  like  elections  in 
other  wards  in  the  city  of  Boston. 

Section  7.  The  provisions  of  law  relative  to  listing  and  vis^o'J,'"^!™  w 
registration  of  voters,  to  caucuses,  primaries  and  elections,  to  apply. 
and  all  laws  relating  thereto  now  in  force  in  the  city  of  Boston, 
shall  apply  to  and  be  in  force  in  the  territory  of  the  town  of 
Hvde  Park,  and  to  the  inhabitants  thereof,  annexed  to  the 
city  of  Boston;  except  that  for  the  municipal  election  in 
the  vear  nineteen  hundred  and  twelve  it  shall  be  the  dutv  of 
the  present  town  officers  of  the  town  of  Hyde  Park  to  trans- 
fer to  the  board  of  election  commissioners  of  Boston,  immedi- 
ately after  the  acceptance  of  this  act,  their  records  relative 
to  assessments  and  registration  of  voters  and  the  voting  lists 
used  at  the  state  election;  and  the  election  commissioners 
shall,  for  the  purpose  of  conducting  the  regular  municipal 
election  in  said  territory  in  January,  nineteen  hundred  and 
twelve,  use  at  the  polls  the  voting  lists  used  in  said  town  at 
the  state  election,  and  sliall  prepare  a  supplementary  vot- 
ing list  of  such  names  as  may  be  added  in  accordance  with 
law.  Such  supplementary  registration  and  voting  lists  shall, 
for  the  said  election  in  the  said  territory,  be  prepared  from 
the  assessors'  lists  of  said  town  for  the  year  nineteen  hundred 
and  eleven,  and  the  voting  lists  for  the  said  election  in  the 
said  territory  shall  be  prepared  in  accordance  with  the  laws 
now  provided  for  the  preparation  of  voting  lists  in  towns. 
These  lists  so  prepared  shall  be  used  at  any  special  election 
held  in  the  said  territory  jjrior  to  the  fifteenth  day  of  July, 
nineteen  hundred  and  twelve. 

Section  8.     The  powers  and  duties  relating  to  caucuses.  Caucuses, 
primaries  and  elections,  vested  in  and  imposed  by  law  upon  and  elections. 


454  Acts,  1911.  — Chap.  469. 

the  town  officers  of  Hyde  Park,  except  the  power  and  duty 
of  giving  notice  of  elections  and  fixing  the  days  and  hours 
of  holding  the  same,  shall  in  the  city  of  Boston  be  vested 
in  and  performed  by  the  board  of  election  commissioners  of 
said  city,  who  shall  be  subject  to  all  the  penalties  prescribed 
for  failure  to  perform  such  duties.  The  power  and  duty  of 
calling  elections,  giving  notice  of  the  same,  and  fixing  the 
days  and  hours  of  holding  the  same,  shall  be  vested  in  and 
performed  by  those  public  officers  who  now  have  said  power 
and  duty  for  the  city  of  Boston. 
na"um/oT'^  Section  9.     The  board  of  election  commissioners  shall, 

voters  to  be  bctwcen  the  first  day  of  July  and  the  first  day  of  October  in 
the  year  nineteen  hundred  and  twelve,  make  a  new  general 
registration  of  the  ciualified  male  voters  of  the  territory  of 
the  town  of  Hyde  Park,  which  shall  be  prepared  in  the  man- 
ner now  fixed  by  law  for  preparing  general  registers  in  Bos- 
ton. Changes  may  be  made  therein  on  accoimt  of  illegal 
registration,  and  in  the  year  in  which  it  is  made  the  law 
relating  to  general  registration  of  voters  shall  be  .applicable 
thereto,  and  the  annual  registers  and  voting  lists  of  said 
territory  shall  be  prepared  therefrom  in  the  manner  pro\ided 
by  law  for  preparing  amiual  registers  and  voting  lists  in 
cities.  The  places  and  hours  for  such  registration  shall  be 
determined  by  the  board  of  election  commissioners  of  Bos- 
ton, and  for  this  purpose  said  board  may  apjioint,  in  a  man- 
ner which  will  provide  equal  representation  for  the  two  lead- 
ing political  parties,  such  additional  assistant  registrars  as  in 
its  judgment  may  be  necessary. 
'^y\^J's  Section  10.     The   citizens  of   the   tcrritorv  bv  this  act 

ri^iits   etc  *  * 

annexed  to  the  city  of  Boston  shall  have  the  same  right  to 
vote  for  municipal  officers  at  the  nimual  municipal  election 
of  the  citv  of  Boston  in  the  vear  nineteen  hundred  and  twelve 
as  they  would  have  had  if  said  territory  had  formed  part  of 
the  city  of  Boston  for  more  than  six  months  next  before  said 
election. 
ofth'^a'isto  Section  11.     The  several  police  officers,  watchmen   and 

continue  in  fircmeu  iu  officc  in  the  town  of  Hyde  Park  when  this  aet 
takes  eft'ect  shall  thereafter  continue  in  the  discharge  of 
their  respective  duties,  until  successors  are  a])pointed  in  their 
stead.  The  members  of  the  regular  and  i)ermanent  police 
and  fire  departments  of  the  town  of  Hyde  Park  when  this 
act  takes  effect  shall  become  in  their  respective  grades  mem- 
bers of  the  police  and  fire  departments  of  the  city  of  Boston, 


office. 


Acts,  1911.  — Chap.  4()9.  455 

and  shall  be  within  the  classified  civil  service  of  the  common- 
wealth. 

Section  12.     All  the  interest  which  the  town  of  Hyde  PubUc  prop- 
Park  now  has  in  the  public  property  of  the  county  of  Norfolk  to  the  county 
is  hereby  released  and  acquitted  to  the  county  of  Norfolk.  "^  Norfolk. 
Such  proportion  of  the  debts  and  obligations  of  the  county 
of  Norfolk  existing  when  this  act  takes  full  effect,  over  and 
above  the  value  of  all  the  property  belonging  to  said  county, 
as  should  proportionally  and  equitably  be  paid  by  the  in- 
habitants and  property  owners  of  the  territory  hereby  an- 
nexed to  the  city  of  Boston,  shall  be  paid  by  the  city  of 
Boston  to  the  county  of  Norfolk;  and  the  supreme  judicial 
court   shall   have  jurisdiction   in   equity   to   determine   the 
amount  of  such  proportion,  if  any,  and  to  enforce  the  pay- 
ment of  the  same  in  a  suit  in  equity  in  the  name  of  said  county 
to  be  brought  therefor  within  six  months  after  this  act  takes 
effect,  by  the  county  commissioners  of  said  county,  if  they 
shall  deem  such  suit  for  the  interest  of  the  county;  but  no 
such  suit  shall  be  instituted  after  the  lapse  of  the  said  six 
months*.     Nothing   contained   in   this  act   shall   impair  the  Contracts  not 
obligation  of  any  contract;   and  the  property  and  inhabit-  "^p^"" 
ants  of  the  territory  hereby  annexed  to  the  city  of  Boston 
shall  continue  liable  to  the  existing  creditors  of  the  county 
of  Norfolk  in  like  manner  as  if  this  act  had  not  been  passed: 
provided,  that  if  any  person  by  reason  of  his  being  an  inhabit-  Proviso, 
ant  of  or  owning  property  in  said  territory  shall  be  compelled 
to  pay  any  part  of  an  existing  debt  or  obligation  of  the  count}' 
of  Norfolk,  the  amount  of  such  payment  shall  constitute  a 
debt  to  him  from  said  county,  as  constituted  after  the  pas- 
sage of  this  act,  and  may  be  recovered  in  like  manner  as 
other  debts  against  the  county  of  Norfolk. 

Section  13.  This  act  shall  not  take  full  effect  unless  Time  of 
accepted  by  a  majority  of  the  registered  voters  of  the  city  *"  '"^  ^  ''*^*" 
of  Boston  present  and  voting  thereon  by  ballot  at  a  meeting 
which  shall  be  held  in  the  several  wards,  and  in  the  precincts 
thereof,  of  said  city,  and  also  by  a  majority  of  the  registered 
voters  of  the  town  of  Hyde  Park  present  and  voting  thereon 
by  ballot  at  a  meeting  which  shall  be  held  in  said  town.  All 
said  meetings  shall  be  held  simultaneously  on  the  Tuesday 
next  following  the  first  IVIonday  of  November,  nineteen  hun- 
dred and  eleven,  and  due  notice  thereof  shall  be  given. 

Said  ballots  shall  be  "Yes"  or  "No"  in  answer  to  the  Form  of 
question  "  Shall  an  act  passed  by  the  legislature  of  the  com- 


45G 


Acts,  1911.  — Chap.  4G9. 


Meeting  to  be 
notified  and 
warned  by 
the  selectmen 
of  the  town, 
etc. 


Eleetion  com- 
missioners 
of  Boston  to 
certify  ballots 
cast,  etc. 


Time  of 
tatcins  effect. 


Same 
subject. 


monwealth  in  the  year  nineteen  hinulred  and  eleven,  entitled 
'x-Vn  Act  to  annex  the  Town  of  Hyde  Park  to  the  City  of 
Boston'  be  accepted?"  The  l^allots  prepared  for  tlie  elec- 
tion of  state  officers  at  the  annual  election  for  the  year  nine- 
teen hundred  and  eleven  to  be  used  in  the  cit}^  of  Boston  and 
in  the  town  of  Hyde  Park  shall  be  prepared  so  as  to  conform 
with  the  provisions  of  this  section. 

Section  14.  The  said  meeting  in  the  town  of  Hyde  Park 
shall  be  notified  and  warned  by  the  selectmen  of  said  town 
in  the  same  manner  in  which  meetings  for  elections  in  said 
town  are  notified  and  warned;  and  the  said  meetings  in  the 
city  of  Boston  shall  be  called  and  due  notice  given  in  the 
same  manner  in  which  meetings  for  elections  in  said  city 
are  called.  AH  provisions  of  law  relative  to  counting  and 
recording  of  votes,  to  records  and  certificates  of  elections 
shall  apply  to  the  election  held  under  this  act. 

Section  15.  It  shall  be  the  duty  of  the  board  of  election 
commissioners  of  the  citv  of  Boston  to  certif v,  as  soon  as  mav 
be,  the  ballots  cast  in  the  city  of  Boston,  and  the  number  of 
ballots  cast  in  favor  of  the  acceptance  of  this  act,  and  the 
number  of  ballots  cast  against  the  acceptance  in  said  city, 
to  the  secretary  of  the  commonwealth.  The  selectmen  and 
town  clerk  of  the  town  of  Hyde  Park  shall,  as  soon  as  may 
be,  make  a  like  return  of  the  ballots  cast  in  said  town  and  the 
number  of  ballots  cast  in  favor  of  acceptance  of  this  act  and 
the  numberof  ballotscast  against  said  acceptance  in  said  town, 
to  the  secretary  of  the  commonwealth.  And  if  it  shall  ap- 
pear that  a  majority  of  the  votes  cast  thereon  in  the  city  of 
Boston  and  a  majority  of  the  votes  cast  thereon  in  the  town 
of  Hyde  Park  are  in  favor  of  the  acceptance  of  this  act,  the 
secretary  shall  immediately  issue  and  ])ublish  his  certificate 
declaring  this  act  to  have  been  duly  accepted. 

Section  16.  So  much  of  this  act  as  authorizes  and  directs 
its  submission  to  the  legal  voters  of  said  city  and  town,  shall 
take  effect  upon  its  passage. 

Section  17.  If  this  act  shall  be  accepted  as  herein  pro- 
vided, it  shall  take  effect  after  the  Tuesday  next  following 
the  first  Mondav  in  November  in  the  vear  nineteen  hundreil 
and  twelve,  so  far  as  to  authorize,  legalize  and  carry  into 
effect  the  provisions  of  the  sixth,  seventh,  eighth,  ninth  and 
tenth  sections  of  this  act;  but  for  all  other  purposes,  except 
as  mentioned  in  section  sixteen  of  this  act,  it  shall  take  elVect 
on  the  first  .Monday  of  January  in  the  year  nineteen  hunch-cd 
and  twelve. 


Acts,  1911.  — Chap.  470.  457 

Section  IS.     If  any  election  or  balloting  upon  the  qiies-  Act  may  be 
lion  of  the  acceptance  of  this  act,  either  by  said  city  or  by  seco'SdUme 
said  town  shall,  within  two  months  thereafter,  be  declared  anee.^'eta' 
void  by  the  supreme  judicial  court  upon  summary  proceed- 
ings which  may  be  had  in  any  county  on  the  petition  of 
fifty  voters  of  either  said  city  or  said  town,  the  question  of 
accepting  said  act  shall  again  be  submitted  to  the  legal  voters 
of  said  city  and  town,  and  a  meeting  thereof  shall  within 
thirty  days  thereafter  be  called,  held  and  conducted,  and  the 
votes  returned  and  other  proceedings  had  thereon,  in  the 
manner  hereinbefore  provided.     But  no  election  or  l)allot- 
ing  shall  be  held  void  for  informality  in  calling,  holding  or 
conducting  the  election,  or  returning  the  votes  or  otherwise, 
except  upon  proceedings  instituted  therefor  and  determined 
within  sixty  days  thereafter  as  aforesaid. 

Approved  May  24,  1911. 

An  Act  to  PROvros  for  the  appointment  of  a  female  (JhapAlO 

ASSISTANT  probation   OFFICER  FOR  THE   POLICE  COURT  OF 
SPRINGFIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  eighty-one  of  chapter  two  hundred  f  gi,  etc!' 
and  seventeen  of  the  Revised  Laws,  as  amended  by  chapter  amended. 
two  hundred  and  ninety-five  of  the  acts  of  the  year  nineteen 
hundred  and  five,  and  by  chapter  three  hundred  and  twenty- 
nine  of  the  acts  of  the  year  nineteen  hundred  and  six,  and 
by  chapter  two  hundred  and  sixty-one  of  the  acts  of  the  year 
nineteen  hundred  and  seven,  and  by  chapter  three  hundred 
and  thirty-two  of  the  acts  of  the  year  nineteen  hundred  and 
ten,  and  by  chapter  one  hundred  and  sixteen  of  the  acts 
of  the  year  nineteen  hundred  and  eleven,  is  hereby  further 
amended  by  inserting  after  the  word  "Middlesex",  in  the 
tenth  line,  the  words:  —  and  the  justice  of  the  police  court 
of  Springfield, — so  as  to  read  as  follows:  —  S^'d/ow  5i.  p™5^*'°° 
The  superior  court  may  appoint  projjation  officers  and  the  appointment, 
justice  of  each  police,  district  or  municipal  court  and  the 
chief  justice  of  the  municipal  court  of  the  city  of  Boston  shall 
appoint  one  probation  officer.  Said  chief  justice  may  also 
appoint  not  more  than  eight  male  and  three  female  assistant 
probation  officers.  The  justice  of  the  municipal  court  of  the 
South  Boston  district  and  the  justice  of  the  municipal  court 
of  the  Roxbury  district  and  the  justice  of  the  third  district 
court  of  eastern  Middlesex  and  the  justice  of  the  police 


458  Acts,  1911.  — CiiAr.  471. 

court  of  Springfield,  may  also  each  appoint  one  female 
assistant  probation  officer,  and  said  justice  of  the  municipal 
court  of  the  Roxbury  district  may  also  appoint  one  male 
assistant  probation  officer.  Each  probation  officer  and  as- 
sistant probation  officer  so  appointed  shall  hold  his  office 
during  the  pleasure  of  the  court  which  makes  the  appoint- 
ment. 
Time  of  Section  2.     The  iustice  of  the  police  court  of  Springfield 

making  ap-  ■'.  ,  .'  ,...,.. 

pointiuent.        shall  make  the  appomtment  hereni  authorized  witnni  sixty 
days  after  the  passage  of  this  act. 
Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  26,  1911. 

ChapAll  An  Act  to  codify  and  amend  the  laws  relating  to  state- 
aided  VOCATIONAL  EDUCATION. 

Be  it  enacied,  etc.,  as  follows: 

CONSTRUCTION. 

wordl'"nd  Section  1.     The  following  words  and  phrases  as  used  in 

phrases  de-       this  act  shall,  unless  a  different  meaning  is  plainly  required 

by  the  context,  have  the  following  meanings:  — 

1.  "Vocational  education"  shall  mean  any  education  the 
controlling  purpose  of  which  is  to  fit  for  profitable  employ- 
ment. 

2.  "Industrial  education"  shall  mean  that  form  of  voca- 
tional education  which  fits  for  the  trades,  crafts  and  manu- 
facturing pursuits,  including  the  occupations  of  girls  and 
women  carried  on  in  workshops. 

3.  "Agricultural  education"  shall  mean  that  form  of 
vocational  education  which  fits  for  the  occupations  con- 
nected with  the  tillage  of  the  soil,  the  care  of  domestic 
animals,  forestry  and  other  wage-earning  or  producti\e 
work  on  the  farm. 

4.  "Household  arts  education"  shall  mean  that  form  of 
vocational  edncation  which  fits  for  occupations  connected 
with  the  household. 

5.  "Independent  industrial,  agricultural  or  household  arts 
school"  shall  mean  an  organi/ation  of  courses,  pupils  and 
teachers,  under  a  distinctive  management,  approved  by  the 
board  of  education,  designed  to  give  either  industrial,  agri- 
cultural or  household  arts  education  as  Jiercin  defined. 

G.  "l^^vening  class"  in  an  industrial,  agricultiu-al  or  house- 
hold  arts   school   shall   mean   a  class  giving  such  training 


fined. 


Acts,  1911.  — Chap.  471.  459 

as  can  be  taken  by  persons  already  employed  during  the  certain 
working  day,  and  which,  in  order  to  be  called  vocational,  phraser  de- 
must  in  its  instruction  deal  with  the  subject-matter  of  the 
day  employment,  and  be  so  carried  on  as  to  relate  to  the 
day  employment. 

7.  "Part-time,  or  continuation,  class"  in  an  industrial, 
agricultural  or  household  arts  school  shall  mean  a  vocational 
class  for  persons  giving  a  part  of  their  working  time  to  profit- 
able employment,,  and  receiving  in  the  part-time  school, 
instruction  complementary  to  the  practical  work  carried 
on  in  such  employment.  To  give  "a  part  of  their  working 
time"  such  persons  must  give  a  part  of  each  day,  week  or 
longer  period  to  such  part-time  class  during  the  period  in 
which  it  is  in  session.  , 

8.  "Independent  agricultural  school"  shall  mean  either  an 
organization  of  courses,  pupils  and  teachers,  under  a  dis- 
tinctive management  designed  to  give  agricultural  educa- 
tion, as  hereinafter  provided  for,  or  a  separate  agricultural 
department,  offering  in  a  high  school,  as  elective  work,  train- 
ing in  the  principles  and  practice  of  agriculture  to  an  extent 
and  of  a  character  approved  by  the  board  of  education  as 
vocational. 

9.  "Independent  household  arts  school"  shall  mean  a 
vocational  school  designed  to  develop  on  a  vocational  basis 
the  capacity  for  household  work,  such  as  cooking,  household 
service  and  other  occupations  in  the  household. 

STATE   ADMINISTRATION   AND    SUPERVISION. 

Section  2.     The  board  of  education  is  herebv  authorized  Vocational 

,      ,.  I  .  .  I  .,.,'.  ,  .  education. 

and  du'ected  to  mvestigate  and  to  aid  in  the  introduction 
of  industrial,  agricultural  and  household  arts  education;  to 
initiate  and  superintend  the  establishment  and  maintenance 
of  schools  for  the  aforesaid  forms  of  education ;  and  to  super- 
vise and  approve  such  schools,  as  hereinafter  provided.  The 
board  of  education  shall  make  a  report  annually  to  the  gen- 
eral court,  describing  the  condition  and  progress  of  indus- 
trial, agricultural  and  household  arts  education  during  the 
year,  and  making  such  recommendations  as  the  board  may 
deem  advisable. 

TYPES   OF  SCHOOLS. 

Section  3.     In  order  that  instruction  in  the  principles  Types  of 
and  the  practice  of  the  arts  may  go  on  together,  independent  ^^  ""  ^' 
industrial,  agricultural  and  household  arts  schools  may  offer 


4G0  Acts,  1911.  — Chap.  171. 

instruction  in  day,  part-time  and  evening  classes.  Attend- 
ance upon  sucli  day  or  part-time  classes  shall  be  restricted 
to  those  over  fourteen  and  under  twenty-five  years  of  age; 
and  upon  such  evening  classes,  to  those  over  seventeen 
years  of  age. 

LOCAL  ADMINISTR.\TION  AND  CONTROL. 

nient'of''*  Section  4.     Any  city  or  town  may,  through  its  school 

iiidustviai  committee  or  through  a  board  of  trustees  elected  b\-  the 
city  or  town  to  serve  for  a  period  of  not  more  than  five  years, 
and  to  be  known  as  the  local  board  of  trustees  for  vocational 
education,  establish  and  maintain  independent  industrial,  ag- 
ricultural and  household  arts  schools. 
be' elia Wished,  Section  5.  1.  DistHcts  couiposcd  of  cities  or  towns, 
^^^-  or  of  cities  and  towns,  may,  through  a  board  of  trustees  to 

be  known  as  the  district  board  of  trustees  for  vocational 
education,  establish  and  maintain  independent  industrial, 
agricultural  or  household  arts  schools.  Such  district  board 
of  trustees  may  consist  of  the  chairman  and  two  other  mem- 
bers of  the  school  committee  of  each  of  such  cities  and 
towns,  to  be  appointed  for  the  purpose  by  each  of  the  respec- 
tive school  committees  thereof;  or  any  such  city  or  town 
may  elect  three  residents  thereof  to  serve  as  its  repre- 
sentatives on  such  district  board  of  trustees.  2.  Such  a 
district  board  of  trustees  for  vocational  etlucation  may 
adopt  for  a  period  of  one  year  or  more  a  plan  of  organization, 
administration  and  support  for  the  said  schools,  and  the 
plan,  if  approved  by  tlie  board  of  education,  shall  constitute 
a  l)inding  contract  between  the  cities  or  towns  which  are, 
through  the  action  of  their  respective  representati\'es  on 
the  district  board  of  trustees,  made  parties  thereto,  and  shall 
not  be  altered  or  annulled  except  by  vote  of  two  thirds  of 
the  board,  and  the  consent  of  the  board  of  education  to  such 
alteration  or  annulment, 
^ommittpps  SE("ri()N  G.     Local    and    district    boards    of    trustees    for 

etf-  vocational    education,    administering    approved    industrial, 

agricultural  or  household  arts  schools,  shall,  under  a  scheme 
to  be  approved  by  the  ))oard  of  education,  ai)i)oint  an  ad- 
visory committee  composed  of  members  representing  local 
trades,  industries  an<l  occupations.  It  shall  be  the  duty 
of  the  ad\isory  committee  to  counst>l  with  and  advise  the 
local  or  district  boaid  of  trustees  and  other  school  oiflcials 
having  the  management  and  supervision  of  such  schools. 


Acts,  1911.  — Chap.  471.  461 


NON-RESIDENT   PUPILS. 

Section  7.  1.  Any  resident  of  an}^  city  or  town  in  Nonresident 
Massachusetts  which  does  not  maintain  an  approved  inde-  ^"^'  ^'  ^**^' 
pendent  industrial,  agricultural  or  household  arts  school, 
offering  the  type  of  training  which  he  desires,  may  make 
application  for  admission  to  such  a  school  maintained  by 
another  city  or  town.  The  board  of  education,  whose 
decision  shall  be  final,  may  approve  or  disapprove  such 
application.  In  making  such  a  decision  the  board  of  edu- 
cation shall  take  into  consideration  the  opportunities  for 
free  vocational  training  in  the  community  in  which  the 
applicant  resides;  the  financial  status  of  the  community; 
the  age,  sex,  preparation,  aptitude  and  previous  record  of 
the  applicant;  and  all  other  relevant  circumstances. 

2.  The  city  or  town  in  which  the  person  resides,  who  has  Tuition  fees, 
been  admitted  as  above  provided,  to  an  approved  independ- 
ent industrial,  agricultural  or  household  arts  school  main- 
tained by  another  city  or  town,  shall  pay  such  tuition  fee 
as  may  be  fixed  by  the  board  of  education;  and  the  common- 
wealth shall  reimburse  such  city  or  town,  as  provided  for 
in  this  act.  If  any  city  or  town  neglects  or  refuses  to  pay 
for  such  tuition,  it  shall  be  liable  therefor  in  an  action  of 
contract  to  the  city  or  town,  or  cities  and  towns,  maintaining 
the  school  which  the  pupil,  with  the  approval  of  the  said 
board,  attended. 

reimbursement. 

Section  8.  Independent  industrial,  agricultural  and  ^|j^_^^'^®' 
household  arts  schools  shall,  so  long  as  they  are  approved 
by  the  board  of  education  as  to  organization,  control,  loca- 
tion, equipment,  courses  of  study,  c^ualifications  of  teachers, 
methods  of  instruction,  conditions  of  admission,  employ- 
ment of  pupils  and  expenditures  of  money,  constitute  ap- 
proved local  or  district  independent  vocational  schools. 
Cities  and  towns  maintaining  such  approved  local  or  district 
independent  vocational  schools  shall  receive  reimbursement 
as  provided  in  sections  nine  and  ten  of  this  act. 

Section  9.     1.  The  commonwealth,  in  order  to  aid  in  the  Payments  to 
maintenance  of  approved  local  or  district  independent  in-  anmiaiiy  from 
dustrial  and  household  arts  schools  and  of  independent  agri-  treasury,  etc. 
cultural  schools  consisting  of  other  than  agricultural  depart- 
ments in  high  schools,  shall,  as  provided  in  this  act,  pay 


462 


Acts,  1911.  — Chap.  471. 


Cities  and 
towns  to  be 
reimbursed. 


Proviso. 


One  half  the 
sum  expended 
by  cities  and 
towns  to  l)e 
reimbursed. 


Statement,  to 
be  made  to 
the  general 
court. 


annually  fnim  the  treasury  to  cities  and  towns  maintaining 
such  schools  an  amount  eciual  to  one  half  the  sum  to  be  known 
as  the  net  maintenance  sum.  Such  net  maintenance  sum 
shall  consist  of  the  total  sum  raised  by  local  taxation  and 
expended  for  the  maintenance  of  such  a  school,  less  the 
amount,  for  the  same  period,  of  tuition  claims,  paid  or  un- 
paid, and  receipts  from  the  work  of  pu])ils  or  the  sale  of 
products. 

2.  Cities  and  towns  maintaining,'  approved  local  or  district 
independent  agricultural  schools  consisting  only  of  agricul- 
tural departments  in  high  schools  shall  be  reimbursed  by 
tlie  commonwealth,  as  provided  in  this  act,  only  to  the 
extent  of  two  thirds  of  the  salary  j:)aid  to  the  instructors  in 
such  agricultural  departments:  provided,  that  the  total 
amount  of  money  expended  by  the  commonwealth  in  the 
reimbursement  of  such  cities  and  towns  for  the  salaries  of 
such  instructors  for  any  given  year  shall  not  exceed  ten 
thousand  dollars. 

3.  Cities  and  towns  that  have  paid  claims  for  tuition  in 
approved  local  or  district  independent  vocational  schools 
shall  be  reimbursed  by  the  commonwealth,  as  pro\ided  in 
this  act,  to  the  extent  of  one  half  the  sums  expended  by 
such  cities  and  towns  in  payment  of  such  claims. 

Section  10.  On  or  before  the  first  Wednesday  of  Janu- 
ary of  each  year  the  board  of  education  shall  present  to  the 
general  court  a  statement  of  the  amount  expended  previous 
to  the  preceding  first  day  of  December  by  cities  and  towns 
in  the  maintenance  of  approved  local  or  district  independent 
vocational  schools,  or  in  payment  of  claims  for  tuition  in 
such  schools,  for  which  such  cities  and  towns  should  receive 
reimbursement,  as  provided  in  this  act.  On  the  basis  of 
such  a  statement  the  general  court  may  make  an  appropria- 
tion for  the  reimbursement  of  such  cities  and  towns  ui)  to 
such  first  day  of  December. 


ACTS  AND  PARTS  OF  ACTS  REPEALED. 

liepeai.  Section  11.     I.  Scctious  ouc  to  six,  iuclusivc,  of  chapter 

five  hundred  and  five  of  the  acts  of  the  year  nineteen  hun- 
dred and  six,  sections  one  to  four,  inclusive,  of  chapter  five 
hundred  and  seventy-two  of  the  acts  of  the  year  nineteen 
hundred  and  eight,  chapter  five  hundred  and  forty  of  the 
acts  of  the  year  nineteen  hundred  and  nine,  and  all  acts 
and  parts  of  acts  inconsistent  herewith  are  hereby  rei)ealed. 


Acts,  1911.  — Chaps.  472,  473.  463 

2.  Schools  heretofore  estabHshetl  under  the  acts  and  parts  Certain 
of  acts  repealed  by  this  section,  and  approved  by  the  board  ponti"nue°in 
of  education,  shall  continue  in  operation  subject  to  the  pro-  "P^ration. 
visions  of  this  act  for  such  schools. 

Approved  May  26,  1911. 

An  Act  relative  to  the  taxation  of  land  held  by  the  ChapA72 

TOWN   of  AVESTFIELD   IN  THE  TOWN   OF  MONTGOMERY   FOR 
A    WATER   SUPPLY. 

Be  it  enacted,  etc.,  as  follows: 

Property  hereafter  acquired  and  held  by  the  town  of  West-  Taxation  of 
field  in  the  town  of  Montgomery  for  the  purpose  of  a  water  held  by  the 
supply,  if  yielding  no  rent,  shall  not  be  liable  to  taxation  wrstfieid,  etc. 
therein,  but  the  town  of  Westfield  shall,  annually,  in  Septem- 
ber pay  to  the  town  of  Montgomery  an  amount  equal  to 
that  which  the  town  of  Montgomery  would  receive  for  taxes 
upon  the  average  of  the  assessed  valuation  of  such  land  for 
the  three  years  last  preceding  the  acquisition  thereof,  the 
valuation  for  each  year  being  reduced  by  all  abatements 
thereon;  and  any  part  of  the  said  property  from  which  any 
revenue  in  the  nature  of  rent  is  received  shall  be  subject  to 
taxation.  Approved  May  26,  1911. 


An  Act  to  provide  a  third  special  justice  for  the  dis-  Chap.4:7S 

TRICT   court    of   SOUTHERN   ESSEX, 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  six  of  chapter  one  hundred  and  sixty  R.  l.  leo, 
of  the  Revised  Laws,  as  amended  by  section  one  of  chapter  amended, 
two  hundred  and  nineteen  of  the  acts  of  the  year  nineteen 
hundred  and  nine,  is  hereby  further  amended  by  inserting 
after  the  word  "Worcester",  in  the  fourth  line,  the  words: 
—  and  the  district  court  of  southern  Essex,  —  so  as  to  read 
as    follows:  —  Section    1.     Pohce,    district    and    municipal  j^e'cordetc. 
courts  shall  be  courts  of  record,  and,  except  the  municipal 
court  of  the  city  of  Boston  and  the  central  district  court  of 
Worcester,  and  the  district  court  of  southern  Essex,  shall 
consist  of  one  justice  and  two  special  justices.     Each  of  said 
courts  shall  have  a  seal,  which  shall  be  in  the  custody  of  its 
clerk,  or  of  the  justice  if  it  has  no  clerk,  and  which  shall  be 
affixed  to  all  processes  issued  by  said  courts  which  require  a 
seal. 


464 


Acts,  1911.  — Chap.  471. 


One  justice 
and  three 
special 
justices. 


amended!^'  SECTION  2.     Scction    two  of  Said   chapter  two    hundred 

and  nineteen  is  hereby  amended  by  inserting  after  the  \\  ord 
"Worcester",  in  tlie  first  line,  the  words:  —  and  the  district 
court  of  southern  Essex,  —  so  as  to  read  as  follows:  —  Sec- 
tion 2.  The  central  district  court  of  Worcester  and  the  dis- 
trict court  of  southern  Essex  shall  consist  of  one  justice  and 
three  special  justices. 

Sfxtion  3.     This  act  shall  take  efl'ect  upon  its  passage. 

xAy proved  May  26,  1911. 

ChapAli:  An  Act  relative  to  the  suppression  of  the  gypsy  and 

BROWN   TAIL   MOTHS. 


1905,  381, 
§  5,  etc., 
amended. 


Expendi- 
tures. 


Proviso. 


Be  it  enacted,  etc.,  as  follows: 

Section  five  of  chapter  three  hundred  and  eighty-one  of 
the  acts  of  the  year  nineteen  hundred  and  five,  as  amended 
by  section  three  of  chapter  two  hundred  and  sixty-eight  of 
the  acts  of  the  vear  nineteen  hundred  and  six,  and  bv  scction 
two  of  chapter  five  hundred  and  twenty-one  of  the  acts 
of  the  year  nineteen  hundred  and  seven,  is  hereby  further 
amended  by  adding  at  the  end  thereof  the  following :  —  The 
superintendent  may  also  take  complete  control  of  the  work 
of  suppressing  the  gypsy  and  brown  tail  moths  in  such 
cities  and  towns  as  may  through  the  proper  officials  request 
it.  The  cost  of  such  work  shall  be  certified  by  the  sui)erin- 
tendent  to  the  treasurer  of  the  commonwealth  and  shall  be 
collected  by  him  as  an  additional  state  tax  upon  the  city 
or  town  wherein  such  work  is  performed;  yronded,  that  no 
city  or  town  shall  be  requ.ired  to  pay  more  for  such  work 
than  would  have  been  its  liabilitv,  as  defined  bv  section 
four  of  this  act,  —  so  as  to  read  as  follows:  —  Section  6. 
When,  in  the  opinion  of  the  superintendent,  any  city  or  town 
is  not  expending  a  sufficient  amount  for  the  ab'atement  of 
said  nuisance,  or  is  not  conducting  the  necessary  work  in 
a  proper  manner,  then  the  superintendent  shall,  with  the 
advice  and  consent  of  tlie  governor,  order  such  city  or  town 
to  expend  such  an  amount  as  the  superintendent  shall  deem 
necessary,  and  in  accordance  with  such  methods  as  the  super- 
intendent, with  the  consent  of  the  governor,  shall  prescribe: 
yrovidcd,  that  no  city  or  town  where  the  assessed  ^•ahlation 
of  real  and  ))ersonal  property  exceeds  six  million  dollars 
shall  be  required  to  exjjcnd,  exclusive  of  any  reinibiu'sement 
received  from  the  commonwealth,  during  anv  one  full  \ear 
more  than  one  fifteenth  of  one  per  cent  of  such  valuntion, 
and  that  no  town  where  the  assessed  \aluation  of  real  and 


Acts,  1911.  — Chap.  474.  465 

personal  property  is  less  than  six  million  dollars  shall  be  re- 
quired to  expend,  exchisi\'e  of  any  reimbursement  received 
from  the  commonwealth,  dining  any  one  full  year  more  than 
one  twenty-fifth  of  one  per  cent  of  such  valuation.  For  the 
purposes  of  this  section  the  valuation  of  each  previous  year 
shall  be  used. 

Any  city  or  town  failing  to  comply  with  the  directions  Penalty. 
of  the  said  superintendent  in  the  performance  of  said  work 
within  the  date  specified  by  him  shall  pay  a  fine  of  one 
hundred  dollars  a  dav  for  failure  so  to  do ;  said  fine  to  be  col- 
lected  by  information  brought  by  the  attorney-general  in 
the  supreme  judicial  court  for  Suffolk  county. 

In  case  of  emergency,  or  w-here  there  is  great  or  imme-  Superin- 
diate  danger  of  the  increase  or  spread  of  the  moths  due  to  in'mlite  "^^^ 
the  neglect  of  any  city  or  town  to  comply  with  the  terms  ^^°''''  ''*°- 
of  this  act,  the  superintendent,  with  the  consent  of  the 
governor,  may  initiate  or  continue  the  work  of  suppressing 
the  moths  within  the  limits  of  such  city  or  town  for  such 
a  period  as  the  superintendent  may  deem  necessary.  The 
cost  of  such  work,  including  that  done  on  private  estates, 
less  any  sum  due  from  the  state  by  way  of  reimbursements 
on  account  of  said  work,  shall  be  certified  by  the  super- 
intendent to  the  treasurer  of  the  commonwealth,  and  be 
collected  by  him  as  an  additional  state  tax  upon  the  city 
or  town  so  failing  to  comply  with  the  requirements  of  the 
law.  The  superintendent  may  also  in  case  of  emergency, 
subject  to  the  approval  of  the  governor,  carry  on  wholly 
or  in  part  such  operations  as  may  be  necessary  to  check 
the  spreading  of  the  gypsy  or  brown  tail  moth  in  parks  not 
under  the  control  of  the  commonwealth,  and  in  cemeteries, 
woodlands  and  other  places  of  ])ublic  resort.     The  amount  Expendi- 

turss 

to  be  so  expended  in  any  one  year  shall  not  exceed  ten  per 
cent  of  the  appropriations  made  for  the  year  by  the  state 
for  the  purpose  of  suppressing  said  moths.  The  superin- 
tendent may  also  take  complete  control  of  the  work  of 
suppressing  the  gypsy  and  brown  tail  moths  in  such  cities 
and  towns  as  may  through  the  proper  officials  request  it. 
The  cost  of  such  work  shall  be  certified  by  the  superintendent 
to  the  treasurer  of  the  commonwealth  and  shall  be  collected 
by  him  as  an  additional  state  tax  upon  the  city  or  town 
wherein  such  work  is  performed;  provided,  that  no  city  or  proviso, 
town  shall  be  required  to  pay  more  for  such  work  than  w^ould 
have  been  its  liability,  as  defined  by  section  four  of  this  act. 

Approved  May  26,  1911. 


466  Acts,  1911.  —  Chaps.  175,  476. 


Chaj)A75  An  Act  to  authorize  the  city  of  boston  to  pay  an 

ANNUITY    TO    THE    WIDOW    AND    CHILDREN    OF    MICHAEL    J. 
COYNE. 

Be  it  enacted,  etc.,  as  foUoivs: 

The  city  of  xiic  city  of  Bostoii  may  pay  an  annuity  not  exceeding 

pay  an  an         three  luuulrcd  dollars  for  a  period  not  exceeding  ten  years 

widow "ancT       to  the  widow  and  children  of  Michael  J.  Coyne,  who  died 

Mich'aei  J.^        on  thc  third  day  of  Jnly,  in  the  year  nineteen  hundred  and 

Coyne.  niuc,  froHi  iiijurics  received  in  the  performance  of  his  duty 

as  an  employee  of  the  sewer  department  of  said  city;    but 

the  animity  shall  cease  in  case  the  widow  shall  remarry 

within  the  said  period.     In  case  the  widow  shall  die  within 

the  said  period,  the  annuity  may  be  paid  to  a  guardian  for 

the  benefit  of  the  children  of  the  said  Coyne  living  at  the 

death  of  the  widow,  and  then  under  eighteen  years  of  age: 

Proviso.  ijwvided,  however,  that  payments  under  this  act  shall  in  no 

event  exceed  a  period  of  ten  years  from  the  passage  of  this  act. 

Approved  May  26,  1911. 

CJiapAlG  An  Act  to  authorize  the  city  of  pittsfield  to  incur 

ADDITIONAL  INDEBTEDNESS  FOR  THE  IMPROVEMENT  OF  ITS 
WATER  WORKS. 

Be  it  enacted,  etc.,  as  follows: 

Pittsfield  Section  1.     The  city  of  Pittsfield,  for  the  purposes  men- 

Act  of  loii.'  tioned  in  chapter  one  hundred  and  eighty -five  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-two  and  acts  in  amend- 
ment thereof  or  in  addition  thereto,  and  in  chapter  five  hun- 
dred and  fourteen  of  the  acts  of  the  year  nineteen  hundred 
and  seven,  may  issue  from  time  to  time  bonds,  notes  or  scrip 
to  an  amount  not  exceeding  seven  hundred  thousand  dol- 
lars, in  addition  to  thc  amounts  heretofore  authorized  by 
law  to  be  issued  by  said  city  for  water  works  purj)oses.  Such 
bonds,  notes  or  scrip  shall  bear  on  their  face  the  words  Pitts- 
field Water  Loan,  Act  of  1911;  shall  be  payable  at  the  expira- 
tion of  periods  not  exceeding  thirty  years  from  the  dates  of 
issue;  shall  bear  interest,  i)ayal)le  semi-aniuially,  at  a  rate 
not  exceeding  four  per  cent  per  annum;  and  shall  be  signed 
by  the  treasurer  and  countersigned  by  the  mayor  of  the  city. 
The  city  may  sell  the  said  securities  at  public  or  private 
sale,  upon  such  terms  and  conditions  as  it  may  deem  proper; 
but  they  shall  not  be  sold  for  less  than  their  par  value.     The 


Acts,  1911.  — Chap.  477.  467 

city  may  authorize  temporary  loans,  at  a  rate  of  interest  not 
exceeding  five  per  cent  per  annum,  to  be  made  by  its  mayor 
and  treasurer  in  anticipation  of  the  bonds  hereby  authorized. 

Section  2.  The  city  shall,  at  the  time  of  authorizing  the  Payment  of 
said  loan,  provide  for  the  payment  thereof  in  such  annual 
proportionate  payments,  beginning  not  more  than  five  years 
after  the  first  issue  of  any  of  the  said  bonds,  notes  or  scrip, 
as  will  extinguish  the  same  within  the  time  prescribed  by 
this  act;  and  when  a  vote  to  that  effect  has  been  passed  a 
sum  which,  with  the  income  derived  from  water  rates,  will 
be  sufficient  to  pay  the  annual  expense  of  operating  its  water 
works  and  the  interest  as  it  accrues  on  the  said  bonds,  notes 
or  scrip,  and  to  make  such  payments  on  the  principal  as  may 
be  required  under  the  provisions  of  this  act,  shall,  without 
further  vote,  be  assessed  by  the  assessors  of  the  city  in  each 
year  thereafter,  in  a  manner  similar  to  that  in  which  other 
taxes  are  assessed,  until  the  debt  incurred  by  said  loan  is 
extinguished. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  26,  1911. 


An  Act  relative  to  inflammable  fluids  in  motor     ChapAll 

VEHICLES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Gasoline,  or  any  other  volatile  inflammable  inflammable 
fluid  which  emits  a  vapor  at  a  temperature  below  one  hun-  v^hideT. 
dred  degrees  Fahrenheit  when  tested  in  the  open  air,  shall, 
when  in  an  automobile  or  other  motor  vehicle  which  is  in  a 
building  or  other  structure,  be  deemed  to  be  kept  in  such 
building  or  other  structure  within  the  meaning  of  chapter 
three  hundred  and  seventy  of  the  acts  of  the  year  nineteen 
hundred  and  four  and  acts  in  amendment  thereof:  provided,  Proviso. 
however,  that  the  provisions  of  this  act  shall  not  apply  to  any 
existing  building  in  which  not  more  than  two  automobiles 
or  motor  vehicles  are  or  may  hereafter  be  so  kept,  if  such 
building  or  any  part  thereof  is  not  used  either  for  human 
habitation  or  for  holding  gatherings  of,  or  giving  entertain- 
ments, instruction  or  employment  to,  more  than  twenty  per- 
sons. 

Section  2.     This  act  shall  take  effect  on  the  first  day  of  Stogeffect. 
July  in  the  year  nineteen  hundred  and  eleven. 

Approved  May  2G,  1911. 


468 


Acts,  1911.  — Chap.  478. 


ChapAlS 


1910,  607, 
§  2,  amended. 


Tax  commis- 
sioner to  de- 
termine value 
of  land,  etc. 


1910,  607, 
§  3,  amended. 


AsseKsors  of 
fit  ins  and 
towns  to  lie 
notified,  etc. 


An  Act  relative  to  reimbursing  cities  and  towns  for 

LOSS  OF  taxes  on  LAND  USED  FOR  PUBLIC  INSTITUTIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  two  of  chapter  six  hundred  and  seven 
of  the  acts  of  the  year  nineteen  hundred  and  ten  is  hereby 
amended  by  inserting  after  the  first  sentence  the  words:  — 
or  for  the  purpose  of  a  state  mihtary  camp  ground,  —  and 
by  inserting  after  the  word  "commissioners",  in  the  tweU'tli 
hue,  the  words:  —  and  the  quartermaster  general,  —  so  as 
to  read  as  follows:  —  Section  2.  In  the  year  nineteen  hun- 
dred and  ten  and  in  every  fifth  year  thereafter  the  tax  com- 
missioner shall  between  the  first  day  of  April  and  the  first 
day  of  June  determine  as  of  April  first  of  such  year  the  fair 
cash  value  of  all  land  in  every  cit}'  or  town  owned  by  the 
commonwealth  and  used  for  the  purposes  of  a  public  institu- 
tion or  for  the  purpose  of  a  state  military  camp  ground. 
This  determination  shall  be  in  such  detail  as  to  lots,  sub- 
divisions or  acreage  as  the  commissioner  may  from  time  to 
time  deem  necessary.  For  the  purposes  of  this  determina- 
tion he  may  require  information  from  boards  of  assessors, 
from  the  state  board  of  charity,  state  board  of  insanity  and 
the  board  of  prison  commissioners,  antl  the  quartermaster 
general,  and  from  any  other  officers  or  agents  of  the  com- 
monwealth or  an}^  city  or  town  thereof,  and  from  any  other 
person.  It  shall  be  the  duty  of  such  boards,  commissions, 
officers,  agents  and  persons,  so  far  as  they  are  able,  to  fur- 
nish the  tax  commissioner  with  such  information  and  in 
such  form  as  he  may  recpiire  a\  ithin  fifteen  days  after  being 
requested  by  him  so  to  do,  and  the  tax  commissioner  may 
require  any  one  to  give  information  orally  or  in  written  form 
under  oath.  At  his  discretion  the  tax  commissioner  may  from 
time  to  time  employ  ai)praisers  to  assist  him  in  the  deter- 
mination of  values  as  herein  jirovidcd,  and  their  compensa- 
tion and  reasonable  travelling  c.\i)cnses  shall  be  paid  out  of 
the  treasury  of  the  connnonwcalth. 

Section  2.  Section  three  of  said  chapter  si.\  hundred 
and  seven  is  hereby  amended  by  striking  out  the  words  "of 
a  public  institution",  in  the  sixth  line,  and  inserting  in  place 
thereof  the  words:  —  above  named,  —  so  as  to  read  as  fol- 
lows: —  Section  3.  When  the  tax  commissioner  has  made 
his  determination  of  values  as  abo^■e  pro^•idetl,  he  sliall,  not 
later  than  the  tenth  day  of  June  of  every  year  in  which  he 


Acts,  1911.  — Chap.  478.  4G9 

makes  such  determination,  notify  the  assessors  of  each  city 
or  town  in  which  the  commonwealth  owns  land  for  the  pur- 
poses above  named,  of  his  determination  of  the  value  of  such 
land  in  such  city  or  town.  Any  board  of  assessors  aggrieved 
as  to  the  determination  of  the  tax  commissioner  in  respect 
of  the  value  of  such  land  in  its  city  or  town  may,  within  ten 
days  after  the  date  of  the  notice  provided  for  in  this  section 
apply  for  a  correction  of  the  said  value  to  the  board  of  appeal 
constituted  by  section  sixty-eight  of  chapter  four  himdred 
and  ninety.  Part  III,  of  the  acts  of  the  year  nineteen  hundred 
and  nine.  Thereupon  the  said  board  shall  give  a  hearing  to 
such  board  of  assessors  not  later  than  the  fifteenth  day  of 
Julv,  and  shall  seasonablv  notifv  such  board  and  the  tax 
commissioner  of  the  date,  hour  and  place  of  the  hearing. 
After  the  hearing  said  board  of  appeal  shall  notify  said  board 
of  assessors  and  the  tax  commissioner  of  its  finding  as  to  the 
value  of  the  land  in  question,  and  its  decision  as  to  valuation 
shall  be  conclusive. 

Section  3.  Section  four  of  said  chapter  six  hundred  and  i^io,  eo? 
seven  is  hereby  amended  by  striking  out  the  words  "  of  public 
institutions",  in  the  third  line,  and  by  striking  out  the  words 
"of  a  public  institution",  in  the  eighth  line,  and  inserting  in 
place  thereof,  in  each  instance,  the  w^ords:  —  above  named, 
—  so  as  to  read  as  follows:  —  Section  4.  The  valuation  valuation, 
determined  as  aforesaid  shall  be  the  value  of  the  land  owned 
by  the  commonwealth  for  the  purposes  above  named  in  cities 
and  towns  for  the  year  in  which  such  valuation  is  made  and 
for  the  four  succeeding  years,  and  until  another  valuation  is 
made  under  the  provisions  of  this  act;  except  that  if  any 
land  is  purchased  by  the  commonwealth  in  any  city  or  town 
for  the  purposes  abo\^e  named  after  the  valuation  provided 
for  by  this  act  has  been  made  by  the  tax  commissioner,  and 
before  another  valuation  has  been  made  by  him  as  provided 
for  in  this  act,  the  tax  commissioner  shall  adopt  the  assessed 
valuation  of  the  said  land  as  made  by  the  assessors  of  the 
city  or  town  in  the  year  last  preceding  its  purchase  by  the 
commonwealth,  and  such  assessed  valuation  shall  be  the  val- 
uation of  the  land  for  the  purposes  of  this  act  until  another 
valuation  is  made  by  the  tax  commissioner  as  provided  for 
herein. 

Section  4.     Section  six  of  said  chapter  six  hundred  and  g^c^'^am^Jded. 
seven  is  hereby  amended  by  striking  out  the  words  "of  a 
public  institution",  in  the  fourth  line,  and  inserting  in  place 
thereof  the  words:  —  above  named,  —  so  as  to  read  as  fol- 


470  Acts,  1911.  —  Chaps.  479,  480. 

U)wnl  'tTbe  ^^^^'^  •  —  Section  G.  The  treasurer  and  receiver  general  in 
reimbursed,  every  year,  not  later  than  the  fifteenth  day  of  November, 
shall  reimburse  each  city  and  town  in  which  the  common- 
wealth owns  land  for  the  purposes  above  named  an  amount 
in  lieu  of  taxes  upon  the  value  of  such  land  as  reported  to 
him  by  the  tax  commissioner  under  the  provisions  of  the 
preceding  section,  determined  by  multiplying  each  thousand 
dollars  of  valuation  or  fractional  part  thereof  by  the  rate 
pro\'ided  for  under  section  forty-three  of  Part  ITT  of  chapter 
four  hundred  and  ninety  of  the  acts  of  the  year  nineteen  hun- 
dred and  nine. 
To  apply  to  SECTION  5.     The  provisious  of  chapter  six  hundred  and 

the  town  of  „     ,  \  ,  i  i        i  i 

Framingham.  scvcu  ot  the  acts  ot  the  ycar  nmeteen  hunch-ed  and  ten,  pro- 
viding for  reimbursing  cities  and  towns  for  loss  of  taxes  on 
land  used  for  public  institutions,  shall  also  apply  to  the  town 
of  Framingham  for  loss  of  taxes  on  land  used  for  a  state 
military  camp  ground.  The  said  town  shall  be  reimbursed 
for  its  loss  of  taxes  upon  the  said  ground  in  the  current  year 
and  in  all  succeeding  years  so  long  as  the  said  camp  ground 
is  used  for  purposes  of  the  state  militia. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  Maij  20,  1,911. 


ChapA79  An  Act  to  authorize  the  town  or  revere  to  use  part 

OF  A  BURIAL  GROUND  FOR  A  PUBLIC  WAY. 

Be  it  enacted,  etc.,  aft  foil oics: 

burL"  ground       ^^^^  ^^^^b'  coustitutcd  autlioritics  of  the  town  of  Revere  are 
may  be  taken     hcrcbv  authoHzcd  to  take  and  appropriate  such  part  of  the 

for  ix  puDiic  *  I  I        *  I 

way.  burial  ground  in  the  rear  of  the  lot  occupied  by  the  I  nitarian 

church  in  that  town  as  shall  be  necessary  to  lay  out  and  con- 
struct a  public  way  through  and  ujoon  the  same. 

Approved  May  26,  1011. 

ChapASO  An  Act  relative  to  receipts  of  the  institutions  under 

THE  SUPERVISION  OF  THE  STATE  BOARD   OF  INSANITY. 

Be  it  enacted,  etc.,  as  follows: 
Receipts  of  SECTION  1.     The  rcccipts  from  the  salc  of  products  of  the 

certain  in-  ,    .  p      i  ...  '  ,  , 

stitutions.  labor  of  nunates  of  the  state  mstitutions  under  the  super- 
vision of  the  state  board  of  insanity  shall  be  paid  into  the 
treasury  of  the  connnonwealth  monthly  and  may  be  expended 
lor  maintaining  the  industrii's  of  said  institutions;  but  not 


Acts,  1911.  — Chap.  481.  471 

until  schedules  of  the  expenses  of  such  maintenance  have 
been  sworn  to  by  the  superintendent  and  approved  by  the 
trustees.  Receipts  from  any  one  of  said  institutions  shall 
not  be  applied  to  paying  the  bills  of  any  other  institution. 

Section  2.     This  act  shall  take  effect 'on  the  first  day  of  Sr^glffect. 
December  in  the  year  nineteen  hundred  and  eleven. 

Aj^proved  Mmj  26,  1911. 

An  Act  to  confirm  the  locations  of  electric  lines.  (Jj^a^^  4gx 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  All  locations  for  poles,  piers,  abutments,  con-  Locations  of 
duits  and  other  fixtures  necessary  to  sustain  or  protect  the  •^''^'^r'c  imes. 
wires  of  the  lines  of  any  of  the  companies  designated  in  sec- 
tion one  of  chapter  one  hundred  and  twenty-two  of  the 
Revised  Laws,  and  of  any  unincorporated  owners  and  asso- 
ciations subject  to  the  provisions  of  said  chapter,  heretofore 
granted  by,  or  under  the  authority  of,  the  mayor  and  alder- 
men of  a  city  or  the  selectmen  of  a  town  and  now  in  actual 
use  by  the  respective  companies,  owners  or  associations  to 
which  the  same  were  granted,  or  their  legal  successors  or 
assigns,  and  all  alterations  of  such  locations,  shall  upon 
compliance  with  the  provisions  of  section  two  of  this  act  be 
ratified  and  confirmed  subject  to  all  lawful  terms,  obligations, 
restrictions,  limitations,  regulations  and  conditions  set  forth 
in  said  grants  and  to  all  laws  now  or  hereafter  in  force  appli- 
cable thereto.  Nothing  herein  contained  and  no  act  done 
hereunder  shall  be  held  to  make  lawful  any  of  the  structures 
hereinbefore  named  for  which  an  express  grant  of  location 
has  not  been  made  bv,  or  under  the  authoritv  of,  the  mavor 
and  aldermen  or  selectmen,  as  the  case  may  be,  and  which 
has  not  been  erected,  constructed  and  maintained  in  accord- 
ance with  the  requirements  of  such  grant. 

Section  2.     Any  company,  owner  or  association  desiring  Details  of 
to  avail  itself  of  the  provisions  of  this  act  shall,  on  or  before  berecmded, 
the  first  day  of  January,  nineteen  hundred  and  thirteen,  file  ''^''• 
with  the  city  or  town  clerk,  as  the  case  may  be,  to  be  recorded 
and  kept  with   the  records  of  original  locations  for  poles 
and  wires,  a  map  or  maps  showing  in  detail  the  location  and 
nature  of  the  structures  alleged  to  be  within  the  provisions 
of  section  one,  together  with  a  memorandum  of  the  respective 
dates  of  the  several  grants  of  locations  therefor. 

Section  3.     This  act  shall  take  eft'ect  upon  its  passage. 

A  Improved  May  26,  1911. 


472 


Acts,  1911. 


Chap.  482. 


1910, 

Kesolvf  109, 
amended. 


Apportion- 
moni of 
finances,  etc. 
of  the  fountv 
of  Suffolk. 


ChapA82  An  Act  relative  to  the  apportionment  of  the  finances 

AND    EXPENSES    OF   THE   COUNTY    OF   SUFFOLK   AMONG   THE 
CITIES  AND   TOWNS   THEREIN. 

Be  it  enacted,  etc.,  as  follow.'}: 

Chapter  one  hundred  and  nine  of  the  resolves  of  the  year 
nineteen  hundred  and  ten  is  hereby  amended  by  striking 
out  all  after  the  word  "investigation",  in  the  seventeenth 
Hne,  and  inserting  in  place  thereof  the  following:  —  They 
shall  return  their  decision  to  the  supreme  judicial  court 
at  such  time  as  the  court  may  order,  and  the  decree  of  said 
court  confirming  the  decision  shall  be  final  and  binding. 
The  said  commissioners  may  expend  such  sums  of  money  in 
carrying  out  the  provisions  of  this  resolve  as  may  be  neces- 
sary, and  as  shall  be  approved  by  said  court,  and  they  shall 
receive  such  compensation  as  the  court  shall  fix.  The  ccjurt 
shall  in  its  decree  apportion  said  expenses  and  compensation 
among  the  cities  and  towns  of  Suffolk  county,  —  so  as  to  read 
as  follows:  —  Re.sohed,  That  the  supreme  judicial  court,  upon 
application  by  either  the  city  of  Boston,  the  city  of  Chelsea, 
the  town  of  Revere,  or  the  town  of  Winthrop,  and  after  such 
notice  as  the  said  court  may  order  to  each  of  said  cities  and 
towns,  shall  appoint  a  conmiission  to  consist  of  three  disin- 
terested persons,  not  residents  of  the  county  of  Suffolk,  who 
shall,  after  such  notice  and  hearing  as  they  deem  sufficient, 
consider  and  report  upon  such  an  adjustment  and  apportion- 
ment, if  any,  of  the  expenses  of  the  county  of  Suffolk  and  the 
proportion  thereof,  if  any,  that  should  fairly  be  borne  by  the 
said  municipalities  of  Chelsea,  Revere  and  Winthrop,  as  they 
may  deem  to  be  just  and  practicable.  Said  commission  shall 
begin  their  investigations,  by  public  hearings  or  otherwise, 
immediately  after  qualifying,  and  shall  have  authority  to 
examine  all  records  and  accounts  of  the  said  municipalities 
relating  to  the  subject-matter  of  the  investigation.  They 
shall  return  their  decision  to  the  supreme  judicial  court  at 
such  time  as  the  court  may  order,  and  the  decree  of  said 
court  confirming  the  decision  shall  be  final  and  binding.  The 
said  commissioners  may  expend  such  simis  of  money  in  carry- 
ing out  tlie  provisions  of  this  resolve  as  may  be  necessary, 
and  as  shall  be  approved  by  said  court,  and  they  shall  receive 
such  compensation  as  tiie  court  shall  fix.  The  court  shall  in 
its  decree  apportion  said  expenses  and  compensation  among 
the  cities  and  towns  of  Sull'olk  county. 

Approved  May  26,  1911. 


Acts,  1911.  —  Chaps.  483,  484.  473 


An  Act  to  authorize  a  sitting  of  the  superior  court  ChapAS3 

AT  WARE   FOR  NATURALIZATION   BUSINESS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  superior  court,  sitting  for  the  county  of  fuperfo"^  *'*'' 
Hampshire,  may  adjourn  from  Northampton  and  sit  at  Ware  '"""''^'f  w'^re 
in  said  county  for  purposes  of  naturahzation. 

Section  2.     Chapter  sixty-eight  of  the  acts  of  the  year  Repeal. 
nineteen  hundred  and  eleven  is  hereby  repealed. 

Section  3.     This  act  shall  take  eftect  upon  its  passage. 

Approved  May  26,  1911. 

An  Act  relative  to  the  hours  of  employment  of  women  (jj^ff^j  4.34. 

AND   MINORS. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.     Section  forty-eight  of  chapter  five  hundred  ^^^^g^-^^^' 
and  fourteen  of  the  acts  of  the  year  nineteen  hundred  and  amended. 
nine  is  hereby  amended  b}'  striking  out  the  whole  of  said 
section  and  substituting  in  place  thereof  the  following:  — 
Section  48-     No  child  under  eighteen  years  of  age  and  no  Employment 
woman  shall  be  employed  in  laboring  in  a  manufacturing  or  and'^wom'en 
mechanical  establishment  more  than  ten  hours  in  any  one  faJJ^^i.'ing 
dav,  except  as  hereinafter  provided  in  this  section,  unless  a  establish 

*  tll6IltS    6tC 

different  apportionment  of  the  hours  of  labor  is  made  for 
the  sole  purpose  of  making  a  shorter  day's  work  for  one  day 
of  the  week;  and  in  no  case  shall  the  hours  of  labor  exceed 
fifty-four  in  a  week,  except  that  in  any  such  establishment 
where  the  employment  is  by  seasons,  the  number  of  such 
hours  in  any  week  may  exceed  fifty-four,  but  not  fifty-eight, 
pro\'ided  that  the  total  number  of  such  hours  in  any  }'ear 
shall  not  exceed  an  average  of  fiftv-four  hours  a  week  for 
the  whole  year,  excluding  Sundays  and  holidays.  Every 
employer  shall  post  in  a  conspicuous  place  in  every  room  in 
which  such  persons  are  employed  a  printed  notice  stating  the 
number  of  hours'  work  required  of  them  on  each  day  of 
the  week,  the  hours  of  commencing  and  stopping  work,  and 
the  hours  when  the  time  allowed  for  meals  begins  and  ends 
or,  in  the  case  of  establishments  exempted  from  the  provisions 
of  sections  thirty-six  and  thirty-seven,  the  time,  if  any, 
allowed  for  meals.  The  printed  forms  of  such  notices  shall 
be  provided  by  the  chief  of  the  district  police,  after  approval 
by  the  attorney-general.     The  emi^loyment  of  such  person 


474  Acts,  1911.  — Chap.  485. 

at  any  time  other  than  as  stated  in  said  printed  notice  shall 
be  deemed  a  violation  of  the  provisions  of  this  section  unless 
it  appears  that  such  employment  was  to  make  up  time  lost 
on  a  previous  day  of  the  same  week  in  consequence  of  the 
stopping  of  machinery  upon  which  he  was  employed  or  de- 
pendent for  employment;  but  no  stopping  of  machinery  for 
less  than  thirty  consecutive  minutes  shall  justify  such  over- 
time employment,  nor  shall  such  overtime  employment  be 
authorized  until  a  written  report  of  the  daj^  and  hour  of  its 
occurrence  and  its  duration  is  sent  to  the  chief  of  the  district 
police  or  to  an  inspector  of  factories  and  public  buildings. 
Section  2.  This  act  shall  take  effect  on  the  first  day  of 
January  in  the  year  nineteen  hundred  and  twelve. 

Approved  May  27,  1911. 


(7//rt».485  An  Act  relative  to  the  salaries  of  the  district  attor- 
neys OF  the  commonwealth. 

Be  it  enacted,  etc.,  as  follows: 

1905, 157,  §1,        Section  1.     Section  one  of  chapter  one  hundred  and  fifty- 

etc,  amentled.  .     ^  i  i        i  i    r> 

seven  oi  the  acts  or  the  year  nmeteen  hundred  and  nve,  as 
amended  by  section  one  of  chapter  three  hundred  and  sixty- 
nine  of  the  acts  of  the  year  nineteen  hundred  and  ten,  is 
hereb.y  further  amended  by  striking  out  the  said  section  and 
dfstWcT*'^  inserting  in  place  thereof  the  following:- — Section  1.  For 
attorneys.  the  purposc  of  establishing  the  salaries  of  the  district  attor- 
neys, the  districts  into  which  the  commonwealth  is  divided 
for  the  administration  of  the  criminal  law,  under  the  pro\i- 
sions  of  section  eleven  of  chapter  seven  of  the  Revised  Laws, 
are  hereby  divided  into  five  classes,  according  to  the  follow- 
ing table;  and  the  annual  salary  of  the  district  attorney  for 
each  district  in  a  class  shall  be  as  therein  specified,  payable 
from  the  treasury  of  the  commonwealth:  — 

Class  A.  Districts  having  a  population  of  less  than  two 
hundred  and  fifty  tliousaiul,  to  wit,  the  nortliwcstcrii  dis- 
trict; salary:  —  thirteen  hundred  and  fifty  dollars. 

Class  B.  Districts  having  a  population  of  from  two  hun- 
dred and  fifty  thousand  to  four  hundred  thousand,  to  wit, 
the  southeastern,  the  western,  the  southern  and  the  middle 
districts;  salary:  —  twenty-four  hundred  dollars. 

Class  V.  Districts  ha\'ing  a  ])opulatiou  of  from  four  huii- 
tlred  thousand  to  fi\c  hundred  tlioiisaiul,  to  wit,  the  eastern 
district;  salary:  —  three  thousand  dollars. 


Acts,  1911.  — Chap.  486.  475 

Class  D.  Districts,  except  the  Suffolk  district,  having  a 
population  of  five  hundred  thousand  or  more,  to  wit,  the 
northern  district;  salary:  —  four  thousand  dollars. 

Class  E.     The  Suffolk  district;  salary:  — five  thousand 

dollars. 

Section  2.  The  salaries  hereby  established  shall  be  so 
allowed  from  the  first  day  of  January  in  the  year  nineteen 
hundred  and  eleven.  Appromd  May  27,  1911. 


An  Act  relative  to  certain  claims  against  the  common-  ChajjASG 
w^ealth  in  connection  w^th  the  abolition  of  grade 
crossings. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  thirty-seven  of  Part  I    of    cliapter  i906.46^3.  ^ 
four  hundred  and  sixty-three  of  the  acts  of  the  year  nineteen  etc..'  amended. 
hundred  and  six,  as  amended  by  section  one  of  chapter  three 
hundred  and  ninety  of  the  acts  of  the  year  nineteen  hundred 
and  eight,  is  hereby  further  amended  by  inserting  after  the 
word  "town",  in  the  thirty-first  line,  the  words:  -  and  it  Taking of^^ 
shall  be  the  duty  of  the  railroad  company  where  there  has  tain  purposes. 
been  a  taking  for  railroad  purposes,  and  of  the  city  or  town 
or  county  commissioners  where  there  has  been  a  taking  for 
the  location  or  alteration  of  a  public  way  or  a  taking  of  an 
easement  in  land  adjoining  a  public  way,  before  any  entry   , 
is  made  or  any  work  is  actually  begun  upon  such  property, 
to  give  to  the  owner  thereof  notice  in  writing  specifying  the 
date  upon  which  such  entry  is  to  be  made  and  work  is  to  be 
actuallv  begun  thereon,  and  for  the  purpose  of  determining 
the  time  within  which  a  petition  for  damages  may  be  brought 
the  date  so  specified  shall  be  deemed  to  be  the  time  when  the 
Dropertv  is  entered  upon  and  work  is  actually  begun  thereon. 

r       IT        •  '  1  1  '    *  -i?    Clliiius  for 

Section  2.  In  any  case  arismg  under  the  provisions  ot  damages, 
section  thirty-seven  of  Part  I  of  said  chapter  four  hundred  etc. 
and  sixty-three,  as  amended  by  section  one  of  chapter  three 
hundred  and  ninety  of  the  acts  of  the  year  nineteen  hundred 
and  eight,  where  any  person  who  sustains  damage  to  his 
property  in  the  manner  therein  specified  fails  to  bring  a 
petition  within  one  year  after  the  time  when  the  property 
is  entered  upon  and  work  is  actually  begun  thereon,  the  attor- 
ney-general may,  in  his  discretion,  join  with  the  other  parties 
interested  in  a  settlement  of  the  claim  of  such  person;  and 
the  proportion  of  the  amount  agreed  upon  in  settlement 


476  Acts,  1911.  — Chap.  487. 

thereof  wlilch  would  be  chargeable  to  the  commonwealth 
under  the  provisions  of  section  thirty-four  of  Part  I  of  said 
chapter  shall  be  paid  by  the  commonwealth  as  if  it  were  a 
part  of  the  actual  cost  of  the  work  required  to  be  done  under 
the  provisions  of  said  section  thirty-four. 
Certain  peti  SECTION  3.     No   pctitiou   now   pending   in   the   superior 

tions  may  be  i«i  ir-ii'ii 

dismissed.  court  or  whicli  may  be  filed  prior  to  the  first  day  of  January 
in  the  vear  nineteen  hundred  and  twelve  for  the  assessment 
of  damages  to  property  sustained  by  any  person  under  the 
provisions  of  section  thirty-six  of  Part  I  of  chapter  four  hun- 
dred and  sixty-three  of  the  acts  of  the  year  nineteen  hundred 
and  six,  or  under  any  other  provision  of  law  authorizing  the 
taking  of  land  in  connection  with  the  abolition  of  grade 
crossings,  shall  be  dismissed  in  said  court  solely  on  the  ground 
that  said  petition  was  not  brought  within  one  year  after  the 
time  property  was  entered  uj)on  or  work  was  actually  begun 
under  the  decree  for  the  abolition  of  such  crossings. 

Approved  May  27,  1911. 


ChajjASl  An  Act  relative  to  the  joint  use  of  tracks  by  street 

RAILWAY  companies. 

Be  it  enacted,  etc.,  as  follows: 
Joint  use  of  Section  1.     The  board  of  railroad   commissioners  shall 

street  rail-  ,  ,         .  i  •    •  (•  -i 

way  tracks.  ^  havc  authority,  upon  the  petition  oi  a  street  railway  company 
or  of  any  interested  party,  after  notice  and  a  public  hearing, 
to  determine  the  reasonable  conditions  which  shall  govern 
the  interchange  of  traffic  and  cars  between  street  railway 
companies,  and  may,  wherever  it  is  reasonable  and  consistent 
with  the  public  interest,  order  a  street  railway  company  to 
receive  and  convey  over  its  tracks  the  cars  of  another  such 
company  at  such  times  and  over  such  routes  and  upon  such 
terms,  including  reasonable  compensation,  as  the  board  may 

Proviso.  prescribe:  provided,  however,  that  a  street  railway  company 

shall  have  control  of  and  responsibility  for  the  management 
and  operation  of  all  cars  while  upon  its  railway  as  fully  as 
if  it  owned  them.  Said  board  mav  also  recommend  such 
joint  rates,  fares  and  charges  as  are  consistent  with  the  pro- 
visions of  an}'  special  charter  of  any  street  railway  company, 
specifying  at  the  same  time  and  in  every  instance  the  part 
of  the  joint  rate,  fare  or  charge  to  which  each  street  railway 
company  att'ected  thereby  shall  be  entitled,  and  may  make 
such  other  recommendations  as  seem  appropriate  to  the  cir- 


Acts,  1911.  — Chap.  488.  477 


cumstances  of  each  particular  case.  The  supreme  judicial 
court  or  the  superior  court  shall  have  jurisdiction  in  equity 
to  enforce  any  orders  made  by  said  board  under  the  provi- 
sions of  this  act. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  27,  101 1. 

An    Act    relative    to    stockholders'    and    directors'  ChapASS 

LIABILITY. 

Be  it  enacted,  etc.,  as  folio ics: 

Section  1.     Section  thirty-four  of  chapter  four  hundred  l^.^^' '*'^'^' 
and  thirty-seven  of  the  acts  of  the  year  nineteen  hundred  and  amended. 
three  is  hereby  amended  by  inserting  after  the  word  "know", 
in  the  eighth  line,  the  words:  —  or  on  reasonable  examina- 
tion could  have  known,  —  so  as  to  read  as  follows:  —  Sec-  Liability  of 
tion  34-     The  president,  treasurer  and  directors  of  every  cor-  corporations. 
poration  shall  be  jointly  and  severally  liable  for  all  the  debts 
and  contracts  of  the  corporation  contracted  or  entered  into 
while  they  are  officers  thereof  if  any  stock  is  issued  in  viola- 
tion of  the  provisions  of  section  fourteen,  or  if  any  statement 
or  report  which  is  required  by  the  provisions  of  this  act  is 
made  by  them  which  is  false  in  any  material  representation 
and  which  they  know,  or  on  reasonable  examination  could 
have  known,  to  be  false;  but  only  the  officers  who  sign  such 
statement  or  report  shall  be  so  liable. 

Section  2.  Section  thirty-six  of  said  chapter  is  hereby  i^il^-  -^^'^^ 
amended  by  striking  out  all  after  the  word  "bankrupt",  in  amended. 
the  third  line,  to  and  including  the  word  "fees",  in  the  sixth 
line,  and  inserting  in  place  thereof  the  words:  —  or  unless 
before  a  suit  to  enforce  the  liability  described  in  sections 
thirty-four  and  thirty-five  against  the  president,  treasurer  or 
directors  of  such  corporation,  is  brought  by  a  creditor  of  said 
corporation,  a  demand  in  writing  by  or  on  behalf  of  the 
creditor  upon  such  corporation  for  the  payment  of  his  claim 
has  been  made,  and  said  corporation  has  for  ten  days  there- 
after neglected  to  pay  it,  —  by  striking  out  the  words  "and 
the  execution  has  been  returned  unsatisfied",  in  the  ninth 
line;  by  striking  out  the  words  "the  execution  has  been 
so  returned",  in  the  tenth  and  eleventh  lines,  and  in  the 
twentieth  and  twenty-first  lines,  respectively,  and  inserting 
in  the  place  thereof,  in  each  instance,  the  words:  —  the  said 
demand  and  neglect  to  pay  the  claim  or  to  exhibit  property 


478 


Acts,  1911.  — Chap.  488. 


Certain 
persons  not 
liable. 


Enforcement 
of  liability. 


Repeal. 


which  may  be  taken  on  execution  sufficient  to  satisfy  the 
same,  —  and  by  strikiiif,'  out  tfie  words  "or  the  judj^ment 
and  proceedings  tliereon",  in  the  tliirtieth  and  thirty-first 
lines,  —  so  as  to  read  as  follows:  —  Section  36.  A  stock- 
holder or  officer  in  a  corporation  shall  not  be  held  liable  for 
its  debts  or  contracts  unless  it  has  been  duly  adjudicated 
bankrupt,  or  unless  before  a  suit  to  enforce  the  liability 
described  in  sections  thirty-four  and  thirty-five  against  the 
president,  treasurer  or  directors  of  such  corporation,  is  brought 
by  a  creditor  of  saitl  corporation,  a  demand  in  writing  by  or 
on  behalf  of  the  creditor  upon  such  corporation  for  the  pay- 
ment of  his  claim  has  been  made,  and  said  corporation  has 
for  ten  days  thereafter  neglected  to  pay  it,  or  to  exhibit  to 
the  officer  real  or  personal  property  belonging  to  it  and  sub- 
ject to  be  taken  on  execution,  sufficient  to  satisfy  the  same. 

x-Vfter  such  adjudication  of  bankruptcy,  or  after  the  said 
demand  and  neglect  to  pay  the  claim  or  to  exhibit  property 
which  may  be  taken  on  execution  sufficient  to  satisfy  the 
same,  the  clerk,  or  other  officer  who  has  charge  of  the  records 
of  such  corporation,  upon  rctiuest  of  a  creditor  of  the  cor- 
poration or  of  his  attorney,  shall  furnish  to  him  a  certified 
list  of  the  names  of  all  persons  who  were  officers  and  stock- 
holders in  such  corporation  at  the  time  when  the  liability  to 
be  enforced  against  them  personally  accrued.  The  supreme 
judicial  court  or  the  superior  court  shall  have  jurisdiction  in- 
equity to  compel  such  list  to  be  furnished.  After  an  adjudi- 
cation of  bankruptcy  or  after  the  said  demand  and  neglect 
to  pay  the  claim  or  to  exhibit  })roperty  which  may  be  taken 
on  execution  sufficient  to  satisfy  the  same,  any  creditor  may 
file  a  bill  in  equity  in  the  supreme  judicial  court  or  the 
superior  court  in  behalf  of  himself  and  of  all  other  creditors 
of  the  corporation,  against  it  and  all  persons  ^^ho  are  liable 
to  the  plaintiff  as  stockholders  or  officers  for  the  reco\ery  of 
the  money  due  from  the  corporation  to  himself  and  to  the 
other  creditors  for  which  the  stockholders  or  officers  may  be 
personally  liable  by  reason  of  any  act  or  omission  on  the  part 
of  the  corporation  or  any  of  the  other  defendants,  setting 
forth  the  bankruptcy  of  the  corporation,  and  the  grounds 
upon  which  it  is  expected  to  charge  the  stockholders  or  officers 
personally. 

Section  3.     Section  thirty-nine  of  said  chapter  four  hun- 
dred and  thirty-seven  is  hereby  repealed. 

Section  4.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  27\  1011. 


Acts,  1911.  — Chaps.  489,  190.  479 


An  Act  to  restrict  corporal  punishment  in  the  lyman  ChapA89 

SCHOOL   FOR  BOYS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .  Section  thirty-four  of  chapter  eighty-six  of  ^^^^^ ^^^^  ^  ^^' 
the  Revised  Laws  is  hereby  amended  by  adding  at  the  end 
thereof  the  words:  —  Such  punishment  shall  not  be  inflicted 
until  the  expiration  of  twenty-four  hours  after  the  same  has 
been  authorized  as  aforesaid,  and  no  inmate  shall  be  sub- 
jected to  such  punishment  more  than  once  in  any  one  day, 
—  so  as  to  read  as  follows:  —  Section  34.  Corporal  punish-  Corporal 
ment  shall  be  ])ermitted  in  the  Lyman  school  only  under  such  etc. 
rules  and  regulations  and  by  such  modes  as  shall  be  prescribed 
by  the  trustees.  No  such  punishment  shall  be  inflicted  except 
by  the  direction  of  the  superintendent  or  assistant  superin- 
tendent in  charge,  to  whom  the  oft'ence  shall  be  reported,  and 
who  sliall  designate  the  nature  and  extent  of  punishment  to 
be  inflicted.  In  every  case  of  such  punishment,  a  record  of 
the  offence  and  the  mode  and  extent  of  the  punishment  shall 
be  made  and  presented  to  the  trustees  at  their  next  meeting. 
Such  punishment  shall  not  be  inflicted  until  the  expiration 
of  twenty-four  hours  after  the  same  has  been  authorized  as 
aforesaid,  and  no  inmate  shall  be  subjected  to  such  punish- 
ment more  than  once  in  any  one  day. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  27 ,  1911. 

An  Act  relative  to  the  protection  of  infants  and  the  (JJian.iQO 

CARE    of    pauper   CHILDREN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  twenty-five  of  chapter  eighty-three  of  amended  ^  ^^' 
the  Revised  Laws  is  hereby  amended  by  striking  out  the 
word   "sixteen",   in  the  third  line,  and  inserting  in  place 
thereof  the  words:  —  twenty-one,  —  so  as   to  read  as  fol- 
lows: —  Section  25.     The  state  board  of  charity  shall  make  Careof  indi 
all  necessary  provision  for  the  care  and  maintenance  of  poor  ^^°*  ^  '  ^^^' 
and  indigent  children  between  the  ages  of  three  and  twenty- 
one  years  who  are  in  need  of  immediate  relief  and  who  have 
no  lawful  settlement  in  this  commonwealth. 

Section  2.     Section    thirty-six   of    said    chapter    eighty-  r.  l.  ss,  §  36, 
three  is  hereby  amended  by  striking  out  the  word  "sixteen",  """^^ 
in  the  third  and  fourth  lines,  and  inserting  in  place  thereof 


480  Acts,  1911.  — Chaps.  491,  492. 

the  word:  —  twenty-one,  —  so  as  to  read  as  follows:  — 
boi'rd'of*'^  Section  36.  The  state  board  of  charity  may,  in  its  discre- 
charity.  tion,  upon  the  written  a])])lication  of  the  parent  or  guardian, 

or,  if  there  is  no  parent  or  guardian,  of  a  friend,  of  a  child 
under  the  age  of  twenty-one  years  who  is  dependent  upon 
public  charity,  or  upon  written  application  of  the  overseers 
of  the  poor  of  the  city  or  town  in  which  such  child  is  found, 
provide  for  his  maintenance.  Approved  May  27,  1011. 

CJuip.i^l  An  Act  relative  to  the  furnishing  of  drinking  water 

ON   PASSENGER  TRAINS. 

Be  it  enacted,  etc.,  as  follows: 

r/drinkinl  Section  1.     Evcry  railroad  car  while  in  use  for  the  trans- 

waicr  on  portatiou  of  passcugcrs,  upon  a  train  running  thirty  miles  or 

trains.  morc,  shall  be  provided  with  a  sufficient  quantity  of  pure 

drinking  water  in  such  place  or  jilaces  in  the  car  as  will  be 

convenient  for  the  passengers,  and  with  individual  drinking 

cups  which  shall  be  accessible  to  the  passengers.     No  charge 

shall  be  made  for  the  water  or  for  the  drinking  cups.     The 

water  and  cups  supjilied  shall  be  subject  to  the  supervision 

and  approval  of  the  state  board  of  health;  and  the  said  board 

shall  enforce  the  provisions  of  this  act.     Equivalent  methods 

of  furnishing  drinking  water  free  to  the  passengers  may  be 

Proviso.  provided,  instead  of  the  foregoing:  provided,  that  the  same 

are  approved  by  the  state  board  of  health. 
Penalty.  Section  2.     Violations  of  this  act  shall  be  punished  by  a 

fine  of  not  less  than  twenty-five  dollars  for  each  trip  made 
by  a  car  used  for  transporting  i)assengers  and  not  pro\ided 
with  water  and  utensils  for  its  distribution  in  accordance 
with  the  provisions  hereof. 
Time  of  Section  3.     This  act  shall  take  effect  on  the  fifteenth  day 

taking  pfrect.  .  *' 

of  June  m  the  current  }ear.  Approved  May  J7,  1011. 

ChcfjjA92  An  Act  relative  to  the  listing  and  advertising  of 

SHARES   OF   stock   OF  MINING   CORPORATIONS. 

Be  it  enacted,  etc.,  as  follows: 

mak'inK  fiXe         Section  1.     Au  officcr  of  a  miuiug  corporation  wlio  makcs 
Ktai.mcnt.         n  false  Statement,  knowing  the  same  to  be  false,  in  an  applica- 
tion to  any  stock  exchange  to  list  the  shares  of  such  corpora- 
tion shall  be  punished  by  a  fine  not  exceeding  five  hundred 
dollars,  or  by  imprisonment  for  not  more  than  two  years. 


Acts,  lOlL  — Chap.  llKi.  481 

Section  2.     No  officer,  agent,  clerk  or  servant  of  a  mining  statement  of 

..  1       1-  •        ii  1  i?  1     financial  cou- 

corporation,  nor  any  person  deainig  ni  tlie  snares  oi  sncli  ditiontobe 
corporation  shall  cause  to  be  published  any  advertisement  "ath?""  ^'^ 
of  the  shares  of  such  corporation  in  which  any  statement  is 
made  of  the  value  of  the  property  of  the  corporation,  or  of 
its  present  or  prospective  earnings,  or  of  a  prospective 
increase  in  the  price  of  the  shares,  imless  the  president  and 
a  majority  of  the  directors  of  such  corporation,  within  sixty 
days  prior  to  the  date  of  the  publication  of  such  advertise- 
ment, shall  have  filed  with  the  commissioner  of  corporations 
in  such  form  as  he  shall  prescribe,  a  statement  under  oath 
of  the  financial  condition  of  the  corporation,  a  full  descrip- 
tion of  its  property,  and  a  statement  of  the  earnings,  if  any, 
from  the  operation  of  the  same  for  the  fiscal  year  next  preced- 
ing the  date  of  the  filing  of  the  said  statement. 

Section  8.  Whoever,  having  caused  the  publication  of  J'^';"jfin-^  ^°'" 
such  an  advertisement,  or  being  a  promoter,  officer,  clerk  or  certain 
servant  of  a  mmmg  corporation,  or  a  broker  or  agent  tor 
such  a  corporation  or  for  such  a  promoter,  or  for  the  person 
or  corporation  causing  the  publication  of  such  an  adver- 
tisement, sells  or  oflFers  for  sale  any  shares  of  stock  in  such 
corporation  knowing  that  any  statement  in  such  advertise- 
ment is  false  or  is  inconsistent  with  a  statement  filed  under 
the  provisions  of  section  two  of  this  act,  shall  be  punished  by 
a  fine  of  not  more  than  five  hundred  dollars  or  by  imprison- 
ment for  not  more  than  two  years. 

Section  4.  Whoever  violates  the  provisions  of  section  Penalty  for 
two  of  this  act  shall  be  punished  by  a  fine  of  not  more  than  act.^ 
two  hundred  dollars  or  by  imprisonment  for  not  more  than 
one  year;  and  an  officer  or  director  of  a  mining  corporation 
who  signs  any  false  statement  filed  with  the  commissioner 
of  corporations  under  the  provisions  of  said  section,  knowing 
such  statement  to  be  false,  shall  be  punished  by  a  fine  of  not 
more  than  one  thousand  dollars  or  by  imprisonment  for  not 
more  than  two  years.  Approved  May  '27,  1911. 


An  Act  to  establish  a  board  of  appeal  for  fire  insur-  fJJinT)  493 

ance  rates.  ^  * 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  governor,  with  the  advice  and  consent  Board  of 

of  the  council,  shall  appoint  for  a  term  of  three  years  each  firelnsmlnce 

two  persons  who  shall  be  citizens  of  this  commonwealth  and  pointmint, 

etc. 


482 


Acts,  1911.  —  Chap.  494. 


Persons 

aggrieved 
may  file 
complaint. 


Compensa- 
tion. 


who,  with  the  insurance  commissioner  or  some  person  whom 
he  may  appoint  as  special  deputy  for  that  purpose,  shall  con- 
stitute a  board  of  appeal  for  fire  insurance  rates.  The  in- 
surance commissioner  or  his  special  deputy  shall  be  chair- 
man of  the  board.  An  office  and  a  room  for  hearings  shall 
be  provided  by  the  commonwealth,  when  they  are  deemed 
necessary  by  the  governor  and  council,  and  the  board  may 
employ  a  stenographer  and  shall  have  power  to  compel  the 
attendance  of  witnesses  and  the  production  of  books  and 
documents. 

Section  2.  Any  person,  firm  or  corporation  aggrieved  by 
any  rating  of  a  fire  insurance  company  or  board  may  file  a 
complaint  with  the  insurance  commissioner,  who  shall  notify 
the  board  above  provided  for.  The  complaint  shall  be  in 
writing  and  shall  state  in  detail  the  grounds  upon  which  the 
complainant  asks  relief.  The  said  board  shall  notify  in  writ- 
ing all  parties  whom  it  deems  to  be  interested,  and  shall  set 
a  time,  not  earlier  than  seven  days  after  the  date  of  the  notice, 
and  a  place  for  a  hearing  upon  the  complaint.  After  due  hear- 
ing the  board  shall  make  a  finding  as  to  whether  the  estab- 
lished rate  is  excessive,  unfair  or  discriminatory  and  shall 
make  such  recommendations  as  it  deems  advisable.  The 
finding  and  recommendation  in  each  case  shall  be  made  a 
matter  of  record  and  shall  be  open  to  public  inspection. 

Section  3.  The  compensation  of  the  two  appointees  of 
the  governor  and  a  special  deputy,  if  appointed,  shall  be 
severally  ten  dollars  a  day  for  each  day  or  fraction  thereof 
actually  employed  in  the  service,  but  the  insurance  commis- 
sioner shall  receive  no  extra  compensation  for  service  on  the 
board.  The  necessary  expenses  of  the  board  in  carrying  out 
the  provisions  of  this  act  shall  be  borne  by  the  common- 
wealth. 

Section  4.     This  act  shall  take  efi'ect  upon  its  passage. 

Approved  May  27,1911. 


Chap.4:94:  An  Act  to  constitute  eight  hours  a  day's  work  for 

PUBLIC    EMPLOYEES. 


Eight  hours 
to  constitute 
a  day's  work 
for  public 
employees. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  service  of  all  laborers,  workmen  and 
mechanics,  now  or  hereafter  employed  by  the  common^^•ealth 
or  by  any  county  therein  or  by  any  city  or  town  which  has 
accepted  the  provisions  of  section  twenty  of  chapter  one  hun- 
dred and  six  of  the  Revised  Laws,  or  of  section  forty-two  of 


Acts,  1911.  — Chap.  191.  ^83 

cliapter  five  liinidred  and  fourteen  of  the  acts  of  tlie  year 
nineteen  iiundred  and  nine,  or  by  any  contractor  or  sub-con- 
tractor for  or  upon  any  public  works  of  the  commonwealth 
or  of  any  county  therein  or  of  any  such  city  or  town,  is  hereby 
restricted  to  eight  hours  in  any  one  calendar  day,  and  it  shall 
be  unla\vful  for  any  officer  of  the  commonwealth  or  of  any 
county  therein,  or  of  any  such  city  or  town,  or  for  any  such 
contractor  or  sub-contractor  or  other  person  whose  duty  it 
shall  be  to  employ,  direct  or  control  the  service  of  such  labor- 
ers, workmen  or  mechanics  to  require  or  permit  any  such 
laborer,  workman  or  mechanic  to  work  more  than  eight  hours 
in  any  one  calendar  day,  except  in  cases  of  extraordinary 
emergency.  Danger  to  property,  life,  public  safety  or  public 
health  only  shall  be  considered  cases  of  extraordinary  emer- 
gency within  the  meaning  of  this  section.  In  cases  where  a 
Saturday  half  holiday  is  given  the  hours  of  labor  upon  the 
other  working  days  of  the  week  may  be  increased  sufficiently 
to  make  a  total  of  lorty-eight  hours  for  the  week's  work. 
Threat  of  loss  of  employment  or  to  obstruct  or  prevent  the 
obtaining  of  employment  or  to  refrain  from  employing  in  the 
future,  shall  each  be  considered  to  be  "requiring"  within 
the  meaning  of  this  section.  Engineers  shall  be  regarded  as 
mechanics  within  the  meaning  of  this  act. 

Section  2.  Every  contract,  excluding  contracts  for  the  Contracts, 
purchase  of  material  or  supplies,  to  which  the  common- 
wealth or  any  county  therein  or  any  city  or  town  which  has 
accepted  the  provisions  of  section  twenty  of  chapter  one  hun- 
dred and  six  of  the  Revised  Laws,  is  a  party  which  may  in- 
volve the  employment  of  laborers,  workmen  or  mechanics 
shall  contain  a  stipulation  that  no  laborer,  workman  or  me- 
chanic working  within  this  commonwealth,  in  the  employ  of 
the  contractor,  sub-contractor  or  other  person  doing  or  con- 
tracting to  do  the  whole  or  a  part  of  the  work  contemplated 
by  the  contractor  shall  be  requested  or  required  to  work  more 
than  eight  hours  in  any  one  calendar  day,  and  every  such 
contract  which  does  not  contain  this  stipulation  shall  be  null 
and  void. 

Section  3.  Any  agent  or  official  of  the  commonwealth  or  Penalty, 
of  any  county  therein  or  of  any  city  or  town  or  any  contractor 
or  sub-contractor  or  any  agent  or  person  acting  on  behalf  of 
any  contractor  or  sub-contractor  who  violates  any  provision 
of  this  act  shall  be  punished  by  a  fine  not  exceeding  one  thou- 
sand dollars  or  by  imprisonment  for  six  months  or  both  such 
fine  and  imprisonment  for  each  offence. 


484 


Acts,  1911.  — Chap.  195. 


Not  to  apply 
in  certain 
cases. 


Repeal. 


Sp:cti()N  4.  This  act  sliall  not  apply  to  the  preparation, 
printing,  shipment  and  deUvery  of  ballots  to  be  used  at  a 
caucus,  primary,  state,  city  or  town  election,  nor  during  the 
sessions  of  the  general  court  to  persons  employed  in  legisla- 
tive printing  or  binding;  nor  shall  it  apply  at  any  time  to 
persons  employed  in  any  state,  county  or  municipal  institu- 
tion, on  a  farm,  or  in  the  care  of  the  grounds,  in  the  stable,  in 
the  domestic  or  kitchen  and  dining  room  service  or  in  store 
rooms  or  offices. 

Section  5.  All  acts  and  i)arts  of  acts  inconsistent  here- 
with are  hereby  repealed.  Approved  May  27,  1011. 


Certain  terms 
defined. 


Certain 
rights  not 
affected. 


Licenses. 


ChapAS)!y  An  Act  relative  to  firearms. 

Be  it  enacted,  etc.,  as  folluws: 

Section  1.  In  this  act  the  term  "firearms"  means  a  pis- 
tol, revolver  or  other  weapon  of  any  description  loaded  or 
unloaded  from  which  a  shot  or  bullet  can  be  discharged  and 
in  which  the  length  of  barrel,  not  including  any  revolving, 
detachable  or  magazine  breech,  does  not  exceed  twehc  inches. 
The  words  "  licensing  board  "  mean  the  mayor  and  city  council 
in  cities  and  the  selectmen  of  towns.  This  act  shall  not  apply 
to  antique  firearms  which  are  incapable  of  use  as  firearms. 

Section  2.  This  act  shall  not  affect  the  rights  conferred 
or  penalties  imposed  concerning  firearms  by  laws  now  in  force, 
except  in  so  far  as  such  laws  are  inconsistent  herewith. 

Section  3.  The  licensing  board  in  any  city  or  town  may, 
in  its  discretion,  grant  licenses  to  persons  to  sell,  rent  or  lease 
firearms.  Every  such  license  shall  specify  the  street,  lane, 
alley,  or  other  place,  and  the  street  number  or  other  particu- 
lar description  of  the  building  where  the  licensee  shall  exer- 
cise his  employment  imder  said  license,  and  the  license  shall 
not  protect  a  licensee  who  exercises  his  employment  in  any 
other  place  than  that  so  specified. 

Section  4.  The  license  shall  be  expressed  to  be,  and  shall 
be,  subject  to  the  following  conditions:  —  First:  That  the 
provisions  in  regard  to  the  nature  of  the  license,  and  the 
building  in  wliich  the  business  may  be  carried  on  under  it, 
shall  be  strictly  adhered  to.  Second:  That  every  licensee 
shall,  before  delivery  of  a  firearm,  make  or  cause  to  be  made 
a  true  entry  in  a  book  to  be  kept  for  that  purpose,  specifying 
the  (lescrii)tion  of  the  firearm,  the  make,  number,  whether 
single  barrel,  magazine,  revolver,  i)in.  rim,  or  central  fire, 
whether  sold,  rented,  or  leased,  the  date  and  hour  of  such 


Conditions 
of  license. 


Acts,  1911.  — Chap.  495.  .         485 

delivery,  and  the  full  name,  sex,  residence  and  occupation  of 
the  purchaser,  exchanger  or  hirer.  The  said  book  shall  be 
open  at  all  times  to  the  inspection  of  the  licensing  board  and 
of  the  police.  Third:  That  the  license,  or  a  copy  thereof 
certified  by  the  recording  officer  of  the  licensing  board  or  by 
the  clerk  of  the  city  or  town  by  which  it  is  issued,  shall  be 
displayed  on  the  premises  in  a  position  where  it  can  easily 
be  read.  Fourth:  That  no  firearms  shall  be  displayed  in  any 
outer  window  of  said  premises,  or  in  any  other  place  where 
they  can  readily  be  seen  from  the  outside  of  said  premises. 
Fifth:  That  the  license  shall  be  subject  to  forfeiture  as  herein 
provided,  for  breach  of  any  of  its  conditions;  and  that,  if  the 
hcensee  is  convicted  of  a  violation  of  any  such  condition,  his 
license  shall  thereupon  become  void. 

Section  5.     The  licenses  shall  expire  on  the  thirtieth  day  Terms  of 
of  April  of  each  year ;  but  they  may  be  granted  during  April 
to  take  effect  on  the  first  day  of  INIay  next  ensuing. 

Section  6.     The    licensing    board,    after    notice    to    the  Licenses  may 
licensee  hereunder  and  reasonable  opportunity  for  him  to  or  suspended 
be  heard  by  the  board  or  by  the  mayor  and  a  committee  of  "l^es.  '""^ 
the  city  government  or  by  the  selectmen,  may  declare  his 
license  forfeited,  or  may  suspend  his  license  for  such  period 
of  time  as  they  may  deem  proper,  upon  satisfactory  proof 
that  he  has  violated  or  permitted  a  violation  of  any  condi- 
tion thereof,  or  has  violated  any  law  of  the  commonwealth. 
The  pendency  of  proceedings  before  a  court  of  justice  shall 
not  suspend  or  interfere  with  the  power  herein  given  to  decree 
a  forfeiture.     If  the  license  is  declared  to  be  forfeited,  the 
licensee  shall  be  disqualified  to  receive  a  license  for  one  year 
after  the  expiration  of  the  term  of  the  license  so  forfeited. 

Section  7.     If  any  placard,  sign  or  advertisement  is  ex-  Placard, 
posed  from,  maintained  in  or  permitted  to  remain  upon  any  bTeVuience 
vehicle,  shop,  stand,  tenement,  or  any  place  of  common  resort,  aJ-eVeir'tvir 
purporting  or  designed  to  alinouhce  the  keeping  in  or  upon  «»''' 
said  vehicle  or  in  or  upon  any  x)f  said  premises,  of  firearms, 
it  shall  be  prima  facie  evidence  that  firearms  are  kept  in  or 
upon  such  vehicle  or  premises  for  sale. 

Section  S.     Licensing  boards  mav  transfer  licenses  from  Transfer  of 

,  .  1  •    1  •         1  •'  •  1  •    1     il        licenses. 

one  location  to  another  withm  the  city  or  town  in  wnicn  the 
licenses  are  in  force,  but  such  transfer  shall  be  granted  only 
to  thc'  original  licensee  and  upon  the  same  terms  and  con- 
ditions upon  which  the  license  was  originally  granted. 

Section  9.     Whoever  without  being  licensed  as  herein-  Penalty  for 
before  provided  sells,  or  exposes  for  sale,  or  has  in  his  posses-  ^ul'a^  ^'*'' 


license. 


486 


Acts,  1911.  — Chap.  496. 


Penalty  on 
purchaser 
for  giving 
false  name, 
etc. 


Not  to  apply 

to  sales  at 
wholesale. 


sion  with  intent  to  sell  firearms  as  defined  in  this  act,  shall  be 
punished  by  a  fine  of  not  less  than  fifty  nor  more  than  five 
hundred  dollars,  or  by  imprisonment  for  not  more  than  one 
year. 

Section  10.  Any  person  who  in  purchasing,  exchanging 
or  hiring  a  firearm  gives  a  false  or  fictitious  name  or  address 
shall  upon  conviction  be  punished  by  a  fine  of  not  less  than 
twenty-five  nor  more  than  one  hundred  dollars,  or  by  im- 
prisonment for  a  term  not  exceeding  one  year,  or  by  both 
such  fine  and  imprisonment. 

Section  1 1 .  This  act  shall  not  apply  to  sales  of  firearms 
made  at  wholesale.  Aj)j)roved  May  27,  1911. 


ChapA96  An  Act  relative  to  the  abolition  of  the  grade  crossing 

IN  THE   TOWN   OF   W'INCHESTER. 


Abolition  of 
the  grade 
crossing  in 
the  town  of 
Winchester. 


Tlie  town 
may  contract 
with  other 
parties,  etc. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  If  it  appears  to  the  special  commission  ap- 
pointed for  the  abolition  of  the  grade  crossing  of  the  railroad 
and  the  public  ways  at  the  centre  of  the  town  of  Winchester 
that  the  method  most  advantageous  to  said  town  is  more 
expensive  than  another  method  which  would  satisfy  the  other 
parties  having  to  bear  the  expense  of  the  abolition,  then  the 
said  town,  in  order  to  obtain  such  more  advantageous  method, 
may  contract  with  such  other  parties,  including  the  common- 
wealth, to  pay  a  portion  of  the  expense  greater  than  that 
devolved  upon  it  by  the  statutes,  the  remaining  expense  to 
be  borne  by  the  various  parties  in  the  proportion  pro\ided 
for  in  the  statutes  as  to  the  whole  expense.  In  making  a  con- 
tract as  aforesaid  the  commonwealth  shall  be  re})rcsented  by 
the  attorney-general,  the  town  by  its  selectmen  acting  in 
accordance  with  a  vote  previously  passed  by  a  two  thirds 
vote  of  the  registered  voters  of  the  town  present  and  voting 
at  a  meeting  duly  called  for  the  purpose,  and  the  railroad  and 
railway  companies  by  an  executive  officer  autliorized  by  their 
boards  of  directors;  and  any  contract,  obligation  or  indebted- 
ness so  established  or  agreed  to  in  writing  shall  be  valid  and 
binding. 

Section  2,     This  act  shall  take  effect  upon  its  passage. 

Approved  Mai/  J7,  IIHI. 


Acts,  1911.  —  Chaps.  497,  498.  487 


An  Act  relative  to  proceedings  in  trials  after  the  Chap.4Ql 

ALLOWANCE   OF   EXCEPTIONS. 

Be  it  enacied,  etc.,  as  follows: 

Section  seventy-nine  of  chapter  one  hundred  and  seventy-  R.  i^.  i73, 

*  *  S   7Q 

three  of  the  Revised  Laws  is  hereby  amended  by  adding  at  amended, 
the  end  thereof  the  words :  —  or  except  as  is  hereinafter  pro- 
vided, —  so  as  to  read  as  follows:  —  Section  79.     The  trial  Trials  to  pro- 

c  •  1     •  •  1  ceed  atter 

of  questions  of  fact  shall  proceed  although  exceptions  have  allowance  of 
been  filed  and  allowed  therein,  and  such  further  proceedings 
shall  be  had  as  the  court  orders;  but  judgment  shall  not  be 
entered  unless  the  exceptions  are  judged  immaterial,  frivolous 
or  intended  for  delay,  or  except  as  is  hereinafter  provided. 

Approved  May  27,  1911. 

An  Act  to  authorize  the  metropolitan  park  commission  Chap .498 

TO  LICENSE  THE  MAINTENANCE  OF  CERTAIN  ENCROACH- 
MENTS UPON  THE  EMBANKMENT  OF  THE  CHARLES  RIVER 
BASIN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  metropolitan  park  commission  is  hereby  Certain  en- 
authorized  to  license  the  maintenance  of  those  parts  of  build-  up^o"!  tliT"^^ 
ings  and  of  the  foundations  of  buildings  which  on  the  first  on'i""'^'"*^"* 
day  of  July,  nineteen  hundred  and  ten,  projected  into,  upon  Charies  river 
or  over  the  embankment  of  the  Charles  ri\'er  basin  as  de-  permitted. 
fined  in  section  eleven  of  chapter  four  hundred  and  sixty-five 
of  the  acts  of  the  year  nineteen  hundred  and  three.     Said 
licenses  shall  be  granted  upon  such  terms,  conditions,  restric- 
tions and  agreements,  and  for  such  period  of  years,  not  exceed- 
ing twenty-five  years,  as  said  commission  may  deem  best: 
provided,  however,  that  the  licenses  shall  be  revocable  at  any  Proviso. 
time  by  the  commission. 

Section  2.     The  granting  of  such  a  license  shall  in  no  event  Granting  of 

1  ,,  .,,.  .,  Ill    license  not 

be  construed  to  create  in  the  licensee  any  title  to  the  land  to  create  a 
into,  upon  or  over  which  any  licensed  encroachment  shall  etc.^  °  '*"  ' 
project,  and  no  person  shall  by  the  maintenance  of  parts  of 
buildings  or  foundations  of  buildings  described  in  section  one, 
with  or  without  a  license  as  herein  provided,  acciuire  any 
rights  by  prescription  or  adverse  possession  in  any  part  of 
the  Charles  river  embankment  defined  as  aforesaid. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  27,  1911. 


488  Acts,  1911.  — Chap.  499. 


ChcqyA^d  An  Act  relative  to  the  planting  and  cultivating  of 

CLAMS    AND    QUAHAUGS    IN    THE    TOWN    OF    BARNSTABLE. 

Be  it  enacted,  etc.,  o.?  follows: 

^SaiVs'^        Section  1.     The  selectmen  of  the  town  of  Barnstable  may, 
of  clams,  "        l)v  a  writino;  under  their  hands,  grant  a  license  for  such  a  term 

ftc    ill  tiip  *  . 

town  of  of  years,  not  exceeding  five,  as  they,  in  their  discretion,  may 

ains  a)e.  figgjj^  foj.  ^}^p  public  good,  to  any  citizen  of  the  said  town,  to 
plant,  cultivate  and  dig  clams  and  quahaugs  upon  and  in  any 
flats  and  creeks  in  the  town;  not,  however,  impairing  the 
private  riglits  of  any  person.  The  territory  covered  by  any 
such  license  shall  not  be  less  than  two  nor  more  than  five 
acres  for  each  clam  or  quahaug  grant.  The  license  may  be 
assigned  by  the  licensee  to  any  person  who  is  a  citizen  of  the 
town,  but  only  with  the  written  colisent  of  the  selectmen. 
ofTiavigav.re  SECTION  2.  The  Hcenses  herein  provided  for  shall  not  be 
prohibited.  granted  if  their  exercise  would  materially  obstruct  na\igable 
waters.  No  license  shall  be  granted  under  this  act  until 
after  a  public  hearing,  notice  of  which  has  been  given  in  a 
newspaper  published  in  said  town  at  least  ten  days  before 
the  hearing.  Such  notice  shall  state  the  date  of  the  hearing, 
the  name  and  residence  of  the  applicant,  the  date  of  the  fil- 
ing of  the  application,  and  the  location,  area  and  description 
of  the  grounds  applied  for. 
Seekff".f))e  Section  3.     The    license    shall    describe    by    metes    and 

des(ii))pd.        l)ounds  the  flats  and  creeks  so  appropriated,  and  shall  be 
recorded  by  the  town  clerk  before  it  shall  have  any  force; 
and  the  licensee  shall  pay  to  the  selectmen  for  their  use  two 
dollars,  and  to  the  town  clerk  fifty  cents. 
have'V^xoin"  SECTION  4.     The  Hcensce,  and  his  heirs  and  assigns,  shall, 

flltV.T."*^  for  the  purposes  aforesaid,  ha\'e  the  exclusi\e  use  of  the  flats 
and  creeks  described  in  the  license,  during  the  time  specified 
therein,  and  may  in  an  action  of  tort  recover  treble  damages  of 
any  person  who,  without  his  or  their  consent,  digs  or  takes 
clams  and  quahaugs  from  such  flats  or  creeks  during  the  con- 
tinuance of  the  license. 
Bylaws.  SECTION  5.     The  towu  of  Bamstable,  at  any  legal  meet- 

ing called  for  the  purpose,  may  make  such  l)y-laws  as  the 
town  may  from  time  to  time  deem  expedient,  to  protect  and 
Proviso.  j)reser\'e  the  shellfisheries  witliiu  said  town:  provided,  (ihnii/s, 

that  no  such  by-law  siiall  infringe  the  laws  of  the  coiniiioii- 
wealth. 


Acts,  1911.  — Chap.  500.  489 

Section  6.  If  it  appears  to  the  selectmen  that  the  hcensee,  License  may 
or  his  heirs  or  assigns,  for  a  period  of  two  years  fail  actually 
to  use  and  occupy  the  grant  for  the  purposes  specified  in  the 
license,  they  may,  after  a  public  hearing,  thirty  days'  notice 
of  which  shall  be  given  to  the  licensee,  revoke  the  license, 
and  the  use  of  the  territory  shall  revert  to  the  town. 

Section  7.  Whoever  takes  any  shellfish  from  the  waters  Penalty, 
of  the  town  of  Barnstable  in  violation  of  any  by-law  estab- 
lished by  the  town,  or  of  any  provision  of  this  act,  shall  for 
every  offence  pay  a  fine  of  not  less  than  five  nor  more  than 
ten  dollars,  and  the  costs  of  prosecution,  and  one  dollar  for 
every  bushel  of  shellfish  so  taken. 

Section  8.     All  acts  and  parts  of  acts  inconsistent  here-  Repeal. 
with  are  hereby  repealed.  Approved  May  27,  1911. 


An  Act  relative  to  the  abandonment  of  children  by  Chap.,^00 

PARENTS   or   others. 

Be  it  enacfed,  etc.,  as  follows: 

Section  ten  of  chapter  eightv-three  of  the  Revised  Laws,  R.  l.83,§io 
as  amended  by  chapter  two  himdred  and  sixty-nine  of  the 
acts  of  the  year  nineteen  huntlred  and  five,  is  hereby  further 
amended  by  inserting  after  the  word  "overseers",  in  the 
ninth  line,  the  words:  —  of  the  poor,  —  so  as  to  read  as  fol- 
lows: — -  Section  10.     Whoever  abandons  an  infant  under  ten  Penalty  for 

„  •    I  •  •,!  J  1      •!  !•  I      •  'a.      abandonment 

years  oi  age  withm  or  without  any  building,  or,  being  its  of  infants. 
parent,  or  being  under  a  legal  duty  to  care  for  it,  and  having 
made  a  contract  for  its  board  or  maintenance,  absconds  or 
fails  to  perform  such  contract,  and  who  for  four  weeks  after 
such  absconding  or  breach  of  his  contract,  if  of  sufficient  physi- 
cal and  mental  ability,  neither  visits  nor  removes  such  infant 
nor  notifies  the  overseers  of  the  poor  of  the  city  or  town  in 
which  he  resides  of  his  or  her  inability  to  support  such  infant 
shall  be  punished  by  imprisonment,  if  a  man,  in  the  house  of 
correction,  or,  if  a  woman,  in  the  reformatory  pri.son  for 
women,  for  not  more  than  two  years;  or,  if  the  infant  dies 
by  reason  of  such  abandonment,  for  not  more  than  five  years. 
Whoever  knowingly  and  with  wrongful  intent  aids  or  abet.s 
in  abandoning  such  infant  sliall  be  punished  by  a  fine  of  not 
more  than  one  hundred  dollars  or  by  imprisonment  for  not 
more  than  two  years.  Approved  May  21,  1911. 


490  Acts,  1911.  — Chaps.  501,  502. 


Chap.501         An  Act  rel.\tiye  to  new  trials  in  jury  cases. 

Be  it  enacted,  etc.,  as  follows: 

statement  SECTION  1.     Whenever  a  verdict  is  set  aside  and  a  new 

of  grounds  trial  is  granted  under  the  provisions  of  section  one  hundred 
verdict  is  set  and  twelvc  of  chapter  one  hundred  and  seventy-three  of  the 
aside,  etc.  Hevised  Laws,  the  justice  granting  the  motion  for  the  new 
trial  shall  file  a  statement  setting  forth  fully  the  grounds 
upon  which  the  motion  is  granted,  which  statement  shall  be 
a  part  of  the  record  of  the  case.  If  it  appears  from  the  state- 
ment that  the  sole  ground  for  granting  the  motion  was  that 
the  damages  awarded  were  either  inadequate  or  excessive, 
then  the  new  trial  shall  be  limited  to  the  question  of  the 
amount  of  damages. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Aiyprmed  May  27,  1911. 

CJfap.r)02  An  Act  relative  to  the  tax.\tion  of  legacies  and  suc- 
cessions. 

Be  it  enacted,  etc.,  as  follows: 

1909, 490  Section  1.     Section  three  of  Part  IV  of  chapter  four  hun- 

S  '■'>    Part  IV  .  . 

amended.  '  fired  and  ninety  of  the  acts  of  the  year  nineteen  hundred  and 
nine  is  hereby  amended  by  inserting  after  the  word  "death", 
in  the  second  line,  the  words:  —  including  so  much  of  each 
share  of  stock  in  any  railroad  or  street  railway  company  or 
telegraph  or  telephone  company  incorporated  under  the  laws 
of  this  commonwealtli  and  also  under  the  laws  of  some  other 
state  or  country  as  is  ])roportional  to  the  ])art  of  such  com- 
pany's line  lying  without  the  commonwealth,  —  so  as  to  read 
Property  of  as  follows:  —  Section  3.  Property  of  a  resident  of  the  com- 
;',J"t''su'i,7eot  monwealth  which  is  not  therein  at  the  time  of  his  death, 
in  ceiHin"  iucluding  SO  much  of  each  share  of  stock  in  any  railroad  or 
cases,  etc.  strcct  railway  company  or  telegraph  or  telephone  company 
incorporated  under  the  laws  of  this  conunonwenlth  and  also 
under  the  laws  of  some  other  state  or  country  as  is  propor- 
tional to  the  part  of  such  company's  line  lying  without  the 
commonwealth,  shall  not  be  taxable  under  the  provisions  of 
this  part  if  legally  subject  in  another  state  or  coimtry  to  a 
tax  of  like  character  and  amount  to  that  hereby  imposed, 
and  if  such  tax  be  actually  paid  or  guaranteed  or  secured  in 
accordance  with  law  in  such  other  state  or  country;  if  legally 
subject  in  another  state  or  country  to  a  tax  of  like  character 


Acts,  1911.— Chap.  503.  491 

but  of  less  amount  than  that  hereby  imposed  and  such  tax 
be  actually  paid  or  guaranteed  or  secured  as  aforesaid,  such 
property  shall  be  taxable  under  this  part  to  the  extent  of  the 
difference  between  the  tax  thus  actually  paid,  guaranteed  or 
secured,  and  the  amount  for  which  such  property  would 
otherwise  be  liable  hereunder.  Property  of  a  non-resident 
decedent  which  is  within  the  jurisdiction  of  the  common- 
wealth at  the  time  of  his  death,  if  subject  to  a  tax  of  like 
character  with  that  imposed  by  this  part  by  the  law  of  the 
state  or  country  of  his  residence,  shall  be  subject  only  to 
such  portion  of  the  tax  hereby  imposed  as  may  be  in  excess 
of  such  tax  imposed  by  the  laws  of  such  state  or  country: 
provided,  that  a  like  exemption  is  made  by  the  laws  of  such  Proviso. 
other  state  or  country  in  favor  of  estates  of  citizens  of  this 
commonwealth,  but  no  such  exemption  shall  be  allowed  until 
such  tax  provided  for  by  the  law  of  such  other  state  or  coun- 
try shall  be  actually  paid,  guaranteed,  or  secured  in  accord- 
ance with  law. 

Section  2.     The  provisions  of  this  act  shall  apply  to  all  o,'^iy'^|^'eer. 
cases  in  which  the  tax  remains  unpaid  at  the  date  of  the  pas-  t''*'i  f-^sps. 
sage  hereof. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  27,  1911. 

An   Act   to   regulate   the   manufacture,    production,  Chap.50^ 

TRANSPORTATION  AND   SALE   OF  ARTICLES  OR  COMMODITIES 
IN  COMMON   USE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Upon  written  complaint  on  oath  of  the  com-  Monopoly 
plainant  filed  in  the  supreme  judicial  court  or  in  the  superior  ma'uufactuie, 
court,  alleging  that  any  person,  co-partnership  or  corpora-  f^^:(.^^/^^  ^^ 
tion  has,  in  the  county  where  such  complaint  is  filed,  entered  modities 
into  any  contract,  agreement,  arrangement,  combination  or  ^""""'^ 
practice,  whereby  a  monopoly  in  the  manufacture,  produc- 
tion, transportation  or  sale  in  this  commonwealth  of  any 
article  or  commodity  in  common  use  is  or  may  be  created, 
established  or  maintained;  or  whereby  competition  in  this 
commonwealth  in  the  supply  or  price  of  any  such  article  or 
commodity  is  or  may  be  restrained  or  prevented ;  or  whereby 
for  the  purpose  of  creating,  establishing  or  maintaining  a 
monopoly  within  this  commonwealth  of  the  manufacture, 
production,  transportation  or  sale  of  any  such  article  or  com- 
modity, the  free  pursuit  in  this  state  of  any  lawful  business, 


492  Acts,  1911.  — Chap.  503. 

trade  or  occupation  is  or  may  be  restrained  or  prevented;  or 
whereby  the  price  of  any  article  or  commodity  in  common 
use  is  or  may  be  unduly  enhanced  within  this  commonwealth; 
the  court  shall  hear  on  oath  the  comi)lainant  and  any  wit- 
Hearing  nesses  produced  by  him.     If  it  appears  to  the  court  that  such 
gran/ed.           contract,  agreement,  arrangement,  combination  or  practice 
exists,  the  court  shall  issue  an  order  of  notice  to  the  respond- 
ents to  appear  and  show  cause  why  the  court  should  not 
appoint  a  master  to  hear  and  to  make  report  on  said  com- 
plaint; and  thereafter,  if  such  cause  be  not  shown,  the  court 
shall  appoint  a  master  who  shall,  in  accordance  with  the 
established  practice  and  rules  in  equity,  hear  the  complainant 
and  the  respondents  and  their  evidence  upon  the  allegations 
of  said   complaint;  and   upon   motion   of  the  complainant, 
other  persons,   co-partnerships  or  corporations,   within  the 
jurisdiction  of  the  court  and  appearing  to  the  court  to  be 
necessary  parties  to  the  full  examination  of  the  allegations 
of  said  complaint,  may  upon  proper  notice  be  cited  to  appear 
as  parties  respondent.     After  such  hearing  the  master  shall 
make  and  file  his  report,  and  said  parties  may  present  their 
objections  and  exceptions  thereto  and  prosecute  the  same  in 
accordance  with  the  rules  of  procedure  in  equity.     Said  final 
report  of  the  master  shall  be  filed  by  him  within  thirt,\'  days 
after  the  close  of  the  hearing,  vmless  fiu'ther  time  is  allowed 
}>y  order  of  the  court. 
Findings,  Sp:cti()N  2.     iMastcrs  may  append  to  their  reports  made 
tions,  etc.         in  accordance  with  the  provisions  of  the  preceding  section, 
such  recommendations  to  the  parties  as  may  be  germane  to, 
and  warranted  by  their  findings  of  fact  or  rulings  of  law,  and 
as  may  tend  to  remove  restraint  or  to  prevent  any  ground 
of  complaint  alleged  in  said  com})laint  and  found   by  the 
master  to  be  proven;  but  such  recommendations  may,  upon 
motion  of  any  party,  and  upon  order  of  the  court,  be  dis- 
affirmed and  expunged  from  the  records  of  the  case.     The 
report  of  the  master,  if  affirmed  by  the  court,  shall  be  trans- 
mitted by  the  clerk  to  the  attorney-general,  who  shall  forth- 
with cause  such  further  proceedings,  either  civil  or  criminal, 
to  be  instituted  as  such  report  may  warrant. 
Powers  of  Section  .'^.     Masters  appointed   under  the  provisions  of 

niiiJ^lHrs,  fic.  1111  .1 

this  act  shall  have  all  the  powers  conferred  upon  masters  m 
e((uity  procedure.  Their  fees  shall  be  fixed  by  the  court  and 
paid  out  of  the  treasnry  of  the  connnonwealth.  Tpon  re- 
(|nest  of  a  master  ap|)i»inted  niidcr  the  jjrovisions  of  this  act 
a  room  or  rooms  for  hearings  shall  be  provided  in  the  state 


Acts,  1011.  — Chap.  501.  493 

house,  if  the  cause  be  pending  in  the  county  of  Suffolk, 
Middlesex  or  Norfolk;  if  elsewhere,  in  some  county  court 
house  within  the  county  where  the  cause  is  pending.  I'pon 
approval  by  the  court,  such  masters  may  employ  suitable 
clerical  or  stenographic  assistants  to  report  the  evidence 
taken  and  the  findings.  Such  assistants  shall  be  paid  out 
of  the  treasury  of  the  commonwealth. 

Section  4.  At  any  hearing,  pursuant  to  the  provisions  No  person  to 
of  this  act,  no  person  shall  be  excused  from  answering  any  from  answering 
questions  material  to  the  proof  of  the  allegations  of  the  com-  <^"®^'^'*'°^'  ^^• 
plaint,  or  from  producing  any  books,  })apers  or  documents 
which  are  so  material,  on  the  ground  that  the  testimony  or 
evidence,  documentary  or  otherwise,  so  required  of  him, 
tends  to  incriminate  him;  but  no  person  shall  be  prosecuted 
in  any  criminal  proceeding,  or  subjected  to  any  penalty  or 
forfeiture  for  or  on  account  of  any  transaction,  matter  or 
thing  concerning  which  he  may  testify  or  produce  evidence, 
documentary  or  otherwise,  in  any  such  hearing.  T  pon  ob- 
jection of  a  party,  no  book,  paper  or  document,  or  part 
thereof,  produced  by  him  at  the  request  of  the  other  party 
to  the  action,  shall  be  examined  by  the  party  making  the 
request  or  his  attorney,  or  offered  in  evidence,  unless  it  is 
so  ordered  by  the  master,  after  examination  thereof  and  a 
hearing  thereon,  and  a  ruling  by  the  master  that  such  evi- 
dence is  material  and  competent. 

Approved  May  27,  1011. 


An  Act  rel.\tive  to  the  retirement  of  certain  veterans  Cliaj).^i)i 

IN  THE   SERVICE   OF  THE  CITY   OF  NEW   BEDFORD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     A  veteran  of  the  civil  war  in  the  service  of  Retirement 
the  city  of  New  Bedford,  if  incapacitated  for  active  duty,  veterans  in 
may  be  retired  from  active  service,  with  the  consent  of  the  of  the  city  of 
mayor,  at  one  half  the  rate  of  compensation  paid  to  him  at  ^^^  Bedford. 
the  time  of  his  retirement,  to  be  paid  out  of  the  treasury  of 
the  city:  provided,  that  no  ^•eteran  shall  be  entitled  to  be  Proviso. 
retired  under  the  provisions  of  this  act  unless  he  shall  have 
been  in  the  service  of  the  city  for  at  least  ten  years. 

Section  2.     A  veteran  retired  under  the  provision  of  this  veterans 

,  1  .  e  ■  e  n        ^  u  i?  entitled  to 

act,  whose  term  or  service  was  tor  a  nxed  number  or  years,  certain 
shall  be  entitled  to  the  benefits  of  the  act  without  reappoint-  ^®''®^*^- 
ment. 


494 

Kepeal. 


Acts,  1911.  — Chaps.  505,  506. 

Section  3.  All  acts  and  parts  of  acts  inconsistent  here- 
with are  hereby  repealed. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

( The  foregoing  loas  laid  before  the  Governor  on  the  twenty- 
third  day  of  May,  1011,  and  after  jive  days  it  had  ''the  force 
of  a  law'',  as  prescribed  by  the  Constitntion,  as  it  was  not 
returned  by  him  with  his  objections  thereto  within  that  time.) 


Cha]h505  An  Act  to  authorize  the  reinstatement  of  philip  h. 

SHANLEY    IN    THE    STREET    DEPARTMENT    OF    THE    CITY    OF 
BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Philip  H.  Shanley,  formerly  employed  as  an 
inspector  in  the  street  department  of  the  city  of  Boston,  may, 
subject  to  the  approval  of  the  commissioner  of  public  works, 
and  the  mayor,  be  reappointed  to  a  similar  position  without 
undergoing  a  civil  service  examination. 

vSection  2.  Chapter  two  hundred  and  ninety-five  of  the 
acts  of  the  year  nineteen  hundred  and  eleven  is  hereby  re- 
pealed. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

{The  foregoing  was  laid  before  the  Governor  on  the  twenty- 
third  day  of  May,  1911,  and  after  five  days  it  had  "the  force 
of  a  law",  as  prescribed  by  the  Constitution,  as  it  was  not  re- 
turned by  him  with  his  objections  thereto  within  that  time.) 


Reinstate- 
ment of 
Philip  H. 
Shiinley  in 
the  street 
department 
of  Boston. 


Repeal. 


Incorpora- 
tion of 
medical  milk 
commissions. 


Chap.506  An  Act  to  authorize  the  incorporation  of  medical 

MILK  COMMISSIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  P'or  the  purpose  of  supervising  the  produc- 
tion of  milk  intended  for  sick  room  purposes,  infant  feeding, 
use  in  hospitals  and  for  other  uses,  any  five  or  more  physi- 
cians, duly  authorized  to  practise  medicine  under  the  laws 
of  this  commonwctdth  may  form  a  corporation  in  the  manner 
})rovided  by  and  subject  to  the  })rovisions  of  chapter  one 
hundred  and  twenty-five  of  the  Revised  Laws.  The  mem- 
bers of  the  board  of  health  of  any  city  or  town  in  which  such 
corporation  is  formed  shall  be  ex  officiis  members  of  the  cor- 
poration. 

Section  2.  The  name  of  any  corporation  organized  under 
the  provisions  of  this  act  shall  be  "jNIedical  Milk  Commis- 


Naine  of 
corporation. 


Acts,  1911.  -  Chap.  506.  495 

sion  of  ",  (lesigiiatiii^  tlie   name  of  tlie  city  or 

town  in  which  such  corporation  is  established,  and  in  case 
more  than  one  corporation  shall  be  organized  under  this  act 
in  any  city  or  town  the  subsequent  corporation  or  corpora- 
tions shall  use  the  name  designated  herein,  but  shall  indi- 
cate in  such  name  its  proper  sequence  in  incorj^oration  by 
adding  thereto  the  words  "Number  Two"  or  "Number 
Three"  or  as  the  case  may  be. 

Section  3.     No   member   of   any   corporation    organized  [j^n  no"^* 
under  this  act  shall  receive  directly  or  indirectly  from  such  permitted  to 

*■  ■  iUGmoors  of 

corporation,  or  from  any  dairyman  or  dairymen  producmg  the  corpora- 
milk  under  agreement  with  the  corporation,  any  salary  or 
emolument  or  any  compensation  of  any  kind  for  any  services 
rendered  as  a  member  of  such  corporation,  or  for  any  ser- 
vices rendered  under  the  provisions  of  this  act;  and  any 
member  of  such  a  corporation  who  shall  receive  any  salary, 
emolument  or  compensation  of  any  kind  for  such  services 
shall  be  liable  to  a  fine  of  one  hundred  dollars,  and  in  addi- 
tion thereto  he  shall  be  removed  from  his  office  as  a  member 
of  said  corporation  and  shall  thereafter  be  disqualified  from 
becoming  a  member  of  any  corporation  incorporated  under 
the  provisions  of  this  act. 

Section  4.     Every  corporation  organized  under  this  act  I'owersof 

,  .  ..  .,     t'le  corpora- 

shall  have  power  to  enter  mto  agreements  ni  writnig  with  tiou. 

any  dairyman  or  dairymen  for  the  production  of  milk  under 
the  supervision  of  such  corporation  for  the  purposes  named 
in  section  one  and  to  prescribe  in  such  agreements  the  con- 
ditions under  which  such  milk  shall  be  produced,  which  con- 
ditions, however,  shall  not  fall  below^  the  standards  of  piu'ity 
and  quality  for  certified  milk  as  fixed  by  the  American  Asso- 
ciation of  Medical  Milk  Commissions  and  the  standards  for 
milk  now  or  hereafter  fixed  by  the  laws  of  the  commonwealth. 

Section  5.     The   working   methods   of   any   corporation  working 
organized  under  this  act  and  the  dairies  in  which  milk  is  "ect  to  in^" 
produced  under  contract  with  any  such  corporation  shall  at  ^■^'«''sation. 
all  times  be  subject  to  investigation  by  the  state  board  of 
health. 

Section  6.     No  person,  firm,  association  or  corporation  saie,  etc..  of 
shall  sell  or  exchange,  or  offer  or  expose  for  sale  or  exchange  hibited  unless 
as  and  for  certified  milk  any  milk  which  does  not  conform  }o*c°erta[^^ 
to  the  regulations  prescribed  by  and  bear  the  certification  regulations. 
of  a  corporation  organized  under  the  provisions  of  this  act. 
Any  person,  firm,  association  or  corporation  violating  any 
provision  of  this  section  shall  be  guilty  of  a  misdemeanor, 


^96 


AcT.s,  11)11.  — CiiAi\  507. 


and  shall  be  liable  to  a  fine  of  not  more  than  one  hundred 
dollars  for  each  offence. 

{TJiis  hill,  returned  by  the  (/over nor  to  the  senate  the  branch 
in  which  it  originated,  ivith  his  objections  thereto,  teas  passed 
by  the  senate  May  22,  ami,  in  concurrence  by  the  house  of 
representatires  May  31,  the-  objections  of  the  yorernor  not- 
ivithstanding,  in  the  manner  prescribed  by  the  Constitution;  and 
thereby  has  the  "force  of  a  law".) 


H.  \j.  100, 
§  17,  eU:., 
amended. 


Conditions 
relative  to 
the  sale  of 
intoxicating 
liquors  in 
the  city  of 
Springfield. 


Chajt.^Ol  An  Act  to   extend  the  time   in   which   intoxicating 

LIQUORS    MAY    BE    SOLD    BY    INNHOLDERS    IN    THE    CITY    OF 
SPRINGFIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  second  condition  of  section  seventeen  of 
chapter  one  hundred  of  tlie  Revised  I^aws,  as  amended  by 
section  one  of  chapter  three  hundred  and  ninety-five  of  the 
acts  of  the  year  nineteen  hundred  and  six,  is  hereby  further 
amended  by  striking  out  said  condition  and  inserting  in 
place  thereof  the  following:  —  Second,  that  spirituous  or 
intoxicating  liquors  shall  not  be  sold  between  the  hours  of 
eleven  at  night  and  .six  in  the  morning,  or  on  the  Lord's  day; 
but  if  the  licensee  is  also  licensed  as  an  innholder,  he  may, 
between  the  hours  of  six  in  the  morning  and  eleven  at  night 
on  the  Lord's  day,  supply  such  liquors  to  guests  who  have 
resorted  to  his  inn  for  food  or  lodging.  And,  in  the  cities 
of  Boston  and  Springfield,  such  a  licensed  innholder  may  also, 
with  the  consent  of  the  licensing  authority  and  upon  the  pay- 
ment of  an  additional  fee  of  five  hundred  dollars  in  the  city 
of  Boston  and  not  less  than  two  hundred  dollars  in  the  city 
of  Springfield,  supply  such  liquors  between  the  hours  of 
eleven  and  twelve  at  night,  except  on  the  Lord's  day,  to 
guests  who  ha\'e  resorted  to  his  inn  for  food  or  lodging,  but 
only  in  dining  rooms:  provided,  that  the  number  of  permits 
for  selling  during  the  additional  hour  aforesaid  shall  not 
exceed  one  for  every  twenty  thousand  or  fraction  thereof  of 
tlie  population  of  said  cities  as  ascertained  by  the  last  pre- 
ceding national  or  state  census. 

Skction  2.  So  much  of  this  act  as  ai^plics  to  the  city  of 
Springfield  shall  take  eftect  upon  its  accei)tance  by  a  majority 
of  the  voters  of  the  city  of  S])ringfield  voting  thereon  at  the 
next  state  election ;  and  the  following  question  shall  be  ])rinted 
on  the  official  ballot  of  said  city  f(M"  said  election:  "Shall  an 
act  passed  by  the  general  court  in  the  year  nineteen  hun- 


I'roviso. 


Time  of 
taking  effect. 


Acts,  1911.  — CiiAr.  508.  497 

dred  and  eleven,  entitled  'An  Act  to  extend  the  time  in  which 
intoxicating  liquors  may  be  sold  by  innliolders  in  tlie  city  of 
Springfield'  be  accepted?". 

{The  foregoing  was  laid  before  the  Governor  on  the  twenty- 
fourth  day  of  May,  1011,  and  after  five  days  it  had  "the  force 
of  a  law",  as  prescribed  by  the  Constitidion,  as  it  was  not 
returned  by  him  with  his  objections  thereto  within  that  time.) 


An  Act  relative  to  season  tickets  issued  by  eailroad  Chap.50S 

CORPORATIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     All  railroads  operating  in  the  commonwealth  Season  tick- 
of  INIassachusetts  and  issuing  season  tickets  between  points  by^ranroad 
within  the  commonwealth  shall,  at  the  request  and  oji  the  mayb"''""^ 
presentation  of  a  season  ticket  by  the  holder  thereof,  place  extended. 
the  same  on  deposit  for  not  less  than  one  week  and  reissue 
the  ticket  at  the  request  of  the  owner,  extending  tlie  period 
for  which  the  ticket  was  issued  by  a  number  of  days  equal 
to  the  number  during  which  it  remained  on  deposit:  yrovided,  I'roviso. 
however,  that  no  ticket  shall  be  deposited  more  frec[uently 
than  at  the  rate  of  once  in  three  months;  and  a  holder  shall 
have  such  further  privileges  as  the  railroad  commissioners 
shall  approve. 

Section  2.     All  railroads  operating  in  the  commonwealth  Holders  of 
of  Massachusetts  and  issuing  season  tickets  between  points  to'bereim- 
within  the  commonwealth  shall,  at  the  request  of  a  holder  {'aiu^c'ases.*^^'''^ 
of  a  season  ticket,  reimburse  said  holder  for  the  cost  of  the 
fare  or  fares  paid  by  said  holder  between  the  stations  named 
on  the  ticket  whenever  said  holder  fails  to  ])resent  the  season 
ticket  for  fare.     The  holder  of  a  season  ticket  in  order  to  be 
entitled  to  reimbursement  must,  within  one  week,  present  to 
the  proper  officer  of  the  railroad  company  the  certificate 
given  at  the  time  of  paying  the  fare  together  with  the  coupon 
from  the  season  ticket. 

Section  3.     This  act  shall  take  efl'ect  upon  its  passage  but  Jv"'"'^     , 

.    ,  ,  p  •  1  taking  effect. 

shall  not  apply  to  any  tickets  heretofore  issued. 

{The  foregoing  was  laid  before  the  Governor  on  the  twenty- 
fourth  day  of  May,  1911,  and  after  five  days  it  had  "the  force 
of  a  law",  a^  prescribed  by  the  Constitution,  as  it  UKts  not 
returned  by  him  with  his  objections  thereto  within  that  time.) 


498 


Acts,  1911.  — Chap.  509. 


Chapfym 


R.  L.  123, 
§  1,  amended. 


Transmis- 
sion of 
electricity. 


R.  L.  122, 
§2.  etc.. 
amended. 


Granting  of 
locations  for 
poles  and 
wires,  etc. 


An  Act  relative  to  the  transmission  of  electricity. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundrcrl  and  twenty-two  of  the 
Revised  Laws  is  hereby  amended  by  striking  out  section  one 
and  inserting  in  plaOe  thereof  the  following:  —  Section  1.  A 
company  which  is  incorporated  for  the  transmission  of  in- 
telligence by  electricity  or  by  telephone,  whether  by  elec- 
tricity or  otherwise,  or  for  the  transmission  of  electricity  for 
lighting,  heating  or  power,  or  for  the  construction  and  opera- 
tion of  a  street  railway  or  an  electric  railroad,  may,  under  the 
provisions  of  the  following  sections,  construct  lines  for  such 
transmission  upon,  along,  under  and  across  the  public  ways 
and  across  and  under  any  waters  within  the  commonwealth, 
by  the  erection  or  construction  of  the  poles,  piers,  abutments, 
conduits  and  other  fixtures,  except  bridges,  which  may  be 
necessary  to  sustain  or  protex?t  the  wires  of  its  lines;  but 
such  company  shall  not  incommode  the  public  use  of  public 
ways  or  endanger  or  interrupt  navigation. 

Section  2.  Section  two  of  chapter  one  hundred  and 
twenty-two  of  the  Revised  Laws,  as  amended  by  chapter 
two  hundred  and  thirty-seven  of  the  acts  of  the  year  nineteen 
hundred  and  three,  and  by  chapter  one  hundred  and  seven- 
teen of  the  acts  of  the  year  nineteen  hundred  and  six,  is 
hereb\'  further  amended  by  striking  out  said  section  and 
inserting  in  place  thereof  the  following:  —  Section  2.  A 
company  desiring  to  construct  a  line  for  such  transmission 
upon,  along,  under  or  across  a  public  way  shall  in  writing 
petition  the  mayor  and  aldermen  of  the  city  or  the  selectmen 
of  the  town  in  which  it  is  proposed  to  construct  such  line  for 
permission  to  erect  or  construct  u])on,  along,  under  or  across 
said  way  the  wires,  poles,  piers,  abutments  or  conduits  neces- 
sary therefor.  A  public  hearing  shall  be  held  on  the  ])etition, 
and  written  notice  of  the  time  and  place  of  the  hearing 
shall  be  mailed  at  least  seven  days  i)rior  thereto  by  the  clerk 
of  the  city  or  by  the  selectmen  of  the  town  to  all  owners  of 
real  estate  abutting  ui)on  that  part  of  the  way  upon,  along, 
across  or  under  which  the  line  is  to  be  constructed,  as  such 
ownership  is  determined  by  the  last  preceding  assessment  for 
taxation.  After  a  public  hearing  as  aforesaid,  the  mayor  and 
aldermen,  or  the  selectmen  may  by  order  grant  to  the  ]>oti- 
tioner  a  location  for  such  line,  specifying  therein  where  the 
j)oles,  piers,  abutments  or  conduits  may  be  placed,  and  in 


Acts,  1011.  — Chap.  509.  499 

respect  to  overhead  lines  may  also  specify  the  kind  of  poles, 
piers  or  abntnicnts  which  may  be  used,  the  number  of  wires 
or  cables  which  may  be  attached  thereto,  and  the  height  to 
which  the  wires  or  cables  may  run. 

After  the  erection  or  construction  of  such  line  the  mayor  increase  in 
and  aldermen  or  selectmen  may,  after  giving  the  company  pXsand 
or  its  agents  an  opportunity  to  be  heard,  or  upon  petition  '^'"^'  ^^'^' 
of  the  company  without  notice  or  hearing,  by  order  permit 
an  increase  in  the  number  of  wires  or  cables,  and  direct  an 
alteration  in  the  location  of  the  poles,  piers,  abutments  or 
conduits  or  in  the  height  of  the  wires  or  cables.  The  mayor 
and  aldermen  or  selectmen  may,  upon  petition  in  writing  by 
two  or  more  companies  subject  to  the  provisions  of  this 
chapter,  without  notice  or  hearing,  by  order  authorize  any 
such  company  to  attach  its  wires  and  fixtures  to  existing 
poles,  piers  or  abutments  of  either  or  any  of  the  other  peti- 
tioners, or  to  maintain  its  wires  or  cables  in  the  conduits  of 
either  or  any  of  said  other  petitioners.  The  mayor  and  alder- 
men or  selectmen  may,  upon  petition  in  writing  by  two  or 
more  companies  subject  to  the  provisions  of  this  chapter, 
and  after  notice  to  abutting  landowners  and  a  hearing  as 
hereinbefore  provided,  by  order  grant  to  said  companies  joint 
or  identical  locations  for  the  erection  or  construction  of  poles, 
piers,  abutments  or  conduits  to  be  owned  and  used  in  common 
by  them.  No  order  of  the  mayor  and  aldermen  or  select- 
men shall  be  required  for  renewing,  repairing  or  replacing 
wires,  cables,  poles,  piers,  abutments,  conduits  or  fixtures 
once  erected  or  constructed  under  the  provisions  of  law, 
or  for  making  house  connections  or  connections  between 
duly  located  conduits  and  distributing  poles. 

The  order  granting  a  location  or  an  alteration  thereof,  or  order  grant- 
authorizing  an  increase  in  the  number  of  wires  or  cables  or  to  be  re- 
attachments,  such  as  are  hereinbefore  described,   shall  be  '^°'^^^^'  *'*'• 
recorded  by  the  clerk  of  the  city  or  of  the  town  in  books  kept 
exclusively  for  the  purpose,  and  where  notice  has  been  given 
as  hereinbefore  provided  the  clerk  of  the  city  or  the  chair- 
man or  a  majority  of  the  selectmen  shall  certify  on  said 
record  that  the  order  was  adopted  after  due  notice  and  a 
public  hearing  as  hereinbefore  prescribed,  and  no  such  order 
shall  be  valid  without  such  certificate.     The  company  or 
companies  in  w^hose  favor  the  order  is  made  shall  pay  for 
such  record  the  same  fees  as  are  allowed  for  the  entering  and 
recording  of  deeds  by  registers  of  deeds,  and  shall  be  entitled 
to  attested  copies  of  said  orders  and  certificates  upon  payment 


500 


Acts,  1911.  — Chap.  509. 


other  wires 
may  be  at- 
tached, etc. 


R.  L.  122, 
§  17, 
amended. 


Poles,  etc., 
to  be  marked, 
etc. 


of  the  same  fees  as  are  allowed  to  registers  of  deeds  for 
copies. 

The  mayor  and  aldermen  or  selectmen  may  under  the  pro- 
visions of  this  section  authorize  the  attachment  of  the  wires 
and  fi.xtures  of  a  street  railway  or  electric  railroad  company 
to  the  poles,  piers  and  abutments  of  another  owner,  or  the 
attachment  of  the  wires  and  fixtures  of  another  owner  to  the 
poles,  piers  and  abutments  of  such  company,  and  may  grant 
joint  or  identical  locations  for  the  erection  or  construction  of 
poles,  piers  or  abutments  to  be  owned  and  used  in  common 
by  such  company  and  another  owner  or  other  owners,  and 
locations  for  the  transmission  lines  and  telephone,  signal  and 
feed  wires  of  such  company  in  public  ways  or  parts  thereof, 
other  than  those  })ublic  ways  or  parts  thereof  in  which  the 
tracks  of  such  company  are  laid,  and  locations  for  additional 
poles  to  support,  or  alterations  of  locations  for  existing  poles 
supporting,  trolley  or  span  wires;  and  all  locations  granted 
to  a  street  railway  or  electric  railroad  company  hereunder 
shall  be  subject  only  to  revocation  as  provided  in  section 
sixty-six  of  Part  III  of  chapter  four  hinidred  and  sixty-three 
of  the  acts  of  the  year  nineteen  hundred  and  six;  but  nothing 
contained  in  this  section  save  as  hereinbefore  expressly  set 
forth  shall  be  held  to  apply  to  the  poles,  wires  and  other  api)li- 
ances  and  equipment  which  a  street  railway  or  electric  rail- 
road company,  by  a  grant  of  location,  or  extension  or  altera- 
tion thereof,  under  any  general  or  special  law  now  or  hereafter 
in  force  relating  to  street  railways  or  electric  railroads  may 
be  authorized  to  construct,  maintain  and  operate  in  a  public- 
way;  and  no  terms,  restrictions  and  obligations,  other  than 
such  as  may  be  imposed  upon  a  grant  of  location  for  a  street 
railway  or  electric  railroad,  or  an  extension  or  alteration 
thereof,  under  any  general  or  special  law  now  or  hereafter 
in  force  relating  thereto,  shall  be  imposed  upon  locations 
granted  to  a  street  railway  o'r  electric  railroad  company  Iumt- 
under,  save  locations  for  its  transmission  lines  or  telcplione, 
signal  or  feed  wires  in  public  ways  or  parts  thereof  other  than 
those  public  ways  and  parts  thereof  in  which  the  tracks  of 
such  company  are  laid. 

Section  3.  Chapter  one  hundred  and  twenty-two  of  the 
Revised  Laws  is  hereby  amended  by  striking  out  section 
seventeen  and  inserting  in  place  thereof  tlie  following:  — 
Section  17.  Such  person  or  corporation  shall  j^lainly  mark 
each  pole,  pier,  abutment,  or  other  fixture  sup])orting  wires  or 
cables  containing  wires  over  streets  or  buildings  with  the 


Acts,  1911.  — Chap.  509.  501 

name  or  initials  of  the  owner  of  such  pole,  pier,  abutment 
or  other  fixture.  Wherever  cross  arms  or  other  appliances 
for  the  support  of  wires  or  cables  belonging  to  different 
owners  are  attached  to  the  same  pole,  pier,  abutment  or 
other  fixture,  every  such  cross  arm  or  other  appliance  shall 
plainly  be  tagged  or  marked  with  the  name  or  initials  of  the 
owner  thereof.  Wherever  wires  or  cables  belonging  to  differ- 
ent owners  are  attached  to  the  same  cross  arm  or  other  appli- 
ances for  the  support  of  wires  or  cables,  every  wire  or  cable 
shall  be  tagged  or  marked  with  the  name  or  initials  of  the 
owner  at  or  near  its  point  of  attachment  to  such  cross  arm 
or  other  appliance.  No  such  tag  or  mark  shall  be  required 
for  the  wires,  poles,  piers,  abutments  and  other  fixtures  of  a 
street  railway  or  electric  railroad  company,  except  for  its  feed 
wires  supported  by  poles  carrying  wires  or  cables  belonging 
to  another  owner,  and  for  its  poles  supporting  wires  or  cables 
belonging  to  another  owner,  and  for  poles  belonging  jointly 
to  the  street  railway  company  and  another  owner. 

Section  4.     Chapter  one  hundred  and  twenty-two  of  the  r.  l.  122, 
Revised  Laws  is  hereby  amended  by  striking  out  section  fm^Aded. 
twenty  and  inserting  in  place  thereof  the  following:  —  Sec-  insulation 
fion  20.     Poles  and  other  structures  which  are  used  to  support  °  ^^  ''^'  ^^'^' 
lines  for  the  transmission  of  electricity  shall  be  insulated 
in  such  manner' as  to  protect  employees  and  other  persons 
from  accidents.     If  such  poles  and  other  structures  are  of 
any  material  except  wood,  and  support  lines  which  are  oper- 
ated at  a  voltage  in  excess  of  two  thousand  volts,  they  shall 
be  plainly  and  conspicuously  marked   "Dangerous.     Keep 
Away."     The  officer  and  inspector  of  wires  appointed  under 
the  authority  of  section  eighteen  of  said  chapter  one  hundred 
and  twenty-two,  or  the  commissioner  of  wires  of  the  city  of 
Boston,  shall  enforce  the  provisions  of  this  section,  and  he 
shall  be  the  sole  judge  of  what  constitutes  a  proper  insula- 
tion and  marking. 

Section  5.     Chapter  one  hundred  and  twenty-two  of  the  r.  l.  122, 
Revised  Laws  is  hereby  amended  by  striking  out  section  amended. 
twenty-three  and  inserting  in  place  thereof  the  following:  — 
Section  23.     A  corporation  or  person  maintaining  or  operating  Name  of  cor- 
telephone,  telegraph  or  other  electric  wires  shall,  at  all  places  etc.!  to  be 
where  such  wires  are  affixed  by  any  pole,  structure  or  fixture  ""•■"''>'''*•  ^*''- 
to  the  property  of  another,   mark  such  pole,  structure  or 
fixture  in  a  clear,  durable  and  legible  manner  with  the  name 
or  initials  of  the  corporation  or  person  maintaining  or  operat- 
ing such  wires,  and  any  corporation  or  person  failing  to 


502 


Acts,  1911.  — Chap.  509. 


R.  L.  122, 
§  28, 
amended. 


Wires  may 
be  cut,  etc. 


"When 

ordinance  or 
regulation 
shall  take 
eflfect. 


Duties  of  the 
gas  and 
electric  light 
commission- 
ers, etc. 


comply  with  the  provisions  of  this  section  shall  be  punished 
by  ii  fine  of  not  more  than  one  hundred  dollars. 

Section  6.  Chapter  one  hundred  and  twenty-two  of  the 
Revised  Laws  is  hereby  amended  by  striking  out  section 
twenty-eight  and  inserting  in  place  thereof  the  following:  — 
Section  28.  Whenever,  in  order  to  move  a  building  or  for 
any  other  necessary  purpose,  a  person  desires  that  the  wires 
of  any  such  company  be  cut,  disconnected  or  removefl,  the 
company  shall  forthwith  cut,  disconnect  or  remove  the  same, 
if  the  person  desiring  this  to  l)e  done  has  first  left  a  written 
statement,  signed  by  him,  of  the  time  when,  and  the  place, 
described  by  reference  to  the  crossings  of  streets  or  highways, 
where  he  wishes  to  remove  said  wires,  at  the  office  of  the 
company  in  the  town  in  which  such  place  is  situated,  twenty- 
four  hours  before  the  time  so  stated,  or,  if  there  is  no  such 
office,  if  he  has  deposited  such  statement  in  the  post  ofl^ice, 
properly  prepaid,  and  directed  to  the  company  at  its  office 
nearest  to  said  place,  three  days  before  the  time  mentioned 
in  said  statement.  If  the  company  neglects  or  refuses  to  cut, 
disconnect  or  remove  wires  as  hereinbefore  provided,  the 
inspector  of  wires,  or  the  selectmen  of  a  town  where  there  is 
no  inspector  of  wires,  may  cause  the  same  to  be  cut,  discon- 
nected or  removed,  and  the  cit\'  or  town  mav  recover  of  the 
company  in  an  action  of  contract  the  expense  of  so  doing. 

Section  7.  No  ordinance  or  regulation  of  a  city  or  town, 
or  regulation  or  restriction  imposed  in  a  grant  of  location, 
affecting  the  erection,  maintenance  or  operation  of  a  line  for 
the  transmission  of  electricity  for  light,  heat  or  power  extend- 
ing or  intended  to  extend  from  some  point  in  one  city  or  town 
through,  or  to  some  point  in  another  city  or  town,  shall  take 
effect  until  the  same  shall  have  been  approved  by  the  board  of 
gas  and  electric  light  commissioners  in  the  case  of  electric  light, 
heat  or  power  companies,  and  by  the  board  of  railroad  com- 
missioners in  the  case  of  street  railway  and  electric  railroad 
companies. 

Section  8.  Any  company  subject  to  the  provisions  of 
chapter  one  hundred  and  twenty-two  of  the  Revised  Laws, 
except  a  telegraph  or  telephone  company,  desiring  to  construct 
a  line  for  the  transmission  of  electricity  which  will  of  neces- 
sity pass  through  one  or  more  cities  or  towns  to  comiect  the 
proposed  termini  of  such  line,  whose  petition  for  the  location 
necessary  for  such  line  has  been  refused,  or  has  not  been 
granted  within  three  months  after  the  filing  thereof  by  the 
mavor  and  aldermen  of  a  (•it^•  or  the  selectmen  of  a  town 


Acts,  1911.  — Chap.  509.  503 

through  which  said  company  intends  to  construct  such  Hne 
for  the  purpose  aforesaid,  may  apply,  in  the  case  of  electric 
light,  heat  or  power  companies  to  the  board  of  gas  and  elec- 
tric light  commissioners,  and  in  the  case  of  street  railway  and 
electric  railroad  companies  to  the  board  of  railroad  com- 
missioners, for  such  location.  The  board  to  which  such  appli-  Hearing  to 
cation  is  made  shall  give  a  public  hearing  thereon  after 
notice  to  the  mayor  and  aldermen  of  the  city  or  to  the  select- 
men of  the  town  refusing  or  neglecting  to  grant  such  location, 
and  to  all  persons  owning  real  estate  abutting  upon  any  way 
in  said  city  or  town  in  which  such  location  is  asked  for,  as 
such  ownership  is  determined  by  the  last  assessment  for 
taxation.  Said  board  shall,  if  requested  by  the  mayor  and 
aldermen  or  the  selectmen,  hold  saifl  hearing  in  the  city  or 
town  in  which  tTie  location  is  asked  for.  If  it  shall  appear 
at  the  hearing  that  the  company  has  already  been  granted 
and  has  accepted  a  location  for  such  line  in  two  cities,  or  in 
two  towns,  or  in  a  city  and  town,  adjoining  the  city  or  town 
because  of  the  refusal  or  neglect  of  whose  mayor  and  alder- 
men or  selectmen  to  grant  a  location  therefor  the  application 
is  made,  and  if  in  the  judgment  of  said  board  the  location  is 
necessary  for  the  public  convenience,  and  will  be  in  the  public 
interest,  said  board  may  by  order  grant  a  location  for  such 
line  in  the  city  or  town  with  respect  to  which  the  application 
is  made,  and  shall  have  and  exercise  relative  thereto  the  same 
powers  and  authority  conferred  by  section  two  of  this  act 
upon  the  mayor  and  aldermen  or  selectmen,  and  in  addition 
to  the  provisions  of  law  governing  such  company  may  im- 
pose such  other  terms,  limitations  and  restrictions  as  the 
public  interest  may  in  its  judgment  require.  Said  board  shall  ordii-'to  be 
cause  an  attested  copy  of  its  order,  with  the  certificate  of  its  ^^'^^^''4*^/^^ 
clerk,  endorsed  thereon,  that  the  order  was  adopted  after  due  cities  or 
notice  and  a  public  hearing  as  hereinbefore  prescribed,  to  be 
forwarded  to  the  clerk  of  the  city  or  of  the  town,  as  the  case 
may  be,  and  the  clerk  of  the  city  or  of  the  town  shall  record 
the  same  and  shall  fiu-nish  attested  copies  thereof  upon  the 
terms  and  in  the  manner  specified  in  section  two  of  this  act. 
Section  9.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  2,  1911. 


504  Acts,  1911.  — Chaps.  510,  511. 


Chap.510  An  Act  to  authorize  the  construction  and  maintenance 

OF  TWO  BRIDGES  ACROSS  HERRING  RIVER  IN  THE  TOWN  OF 
HARWICH. 

Be  it  enacted,  etc.,  as  follows: 

ofSS'""         Section  1.     The  county  commissioners  of  the  county  of 
dn^^h^/r  Barnstable,  or  the  town  of  Harwich,  may  build  and  maintain 

a  bridge,  without  a  draw,  across  Herring  river  in  the  town  of 
Harwich,   in  the  same  location  now  occupied   by  Herring 
River  Lower  bridge,  so-called,  near  the  residence  of  Thomas 
L.  Snow. 
A  certain  Section  2.     The  Said  countv  commissioners,  or  the  town 

bridge  may  .  .  '  .  .  . 

be  constructed  of  Harwich,  may  also  build  and  maintain  a  bridge,  without 

draw.    '  a  draw,  across  Herring  river  in  the  town  of  Harwich,  on  the 

upper  county  road,  in  the  location  of  the  Job  Chase  bridge, 
so-called,  near  the  residence  formerly  of  Caleb  Chase. 

Stified/'^*^  Section  3.  All  acts  of  the  town  of  Harwich  heretofore 
done  in  the  building  and  maintaining  of  a  bridge  without  a 
draw  at  the  said  Job  Chase  bridge  location  are  hereby  ratified 
and  confirmed. 

Certain  pro-  Section  4.     This  act  shall  be  subject  to  the  provisions  of 

visions  to  .  .  ,  •'  " 

apply.  chapter  nmety-six  of  the  Revised  Laws. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  2,  1911. 

Chap.^W  An  Act  to  provide  for  repaying  to  the  town  of  ames- 

BURY   THE    SUM    PAID    BY    IT   TOWARD    THE    REBUILDING    OF 
THE    FENDER   PIER   OF   THE    ESSEX   MERRIMAC    BRIDGE. 

Be  it  enacted,  etc.,  as  follows: 
The  town  of  SECTION  L     The  couutv  of  Esscx  is  herebv  authorized  to 

Amesbury  to  p*i"  i  (••'i  ^    r>t> 

be  reimbursed  pay  tO  the  tOWU  of  AmCsbury  the  sum  or  six  thousand  fifty- 
expenditure,  two  dollars  and  twenty-two  cents,  being  the  amount  paid  by 
the  said  town  into  the  treasury  of  the  county  of  Essex  as  its 
share  of  the  cost  of  rebuilding  the  fender  pier  of  the  Essex 
Merrimac  bridge,  under  the  provisions  of  chapter  four  hun- 
dred and  thirty-seven  of  the  acts  of  the  year  nineteen  hun- 
dred and  seven. 
County  of  SECTION  2.     For    the    purpose    of    pa^•ing    the    aforesaid 

I'jssex  may  _        '         '    .  i  i         •        i 

issue  notes,       amouut  the  countv  of  Essex  is  hereb\'  authorized  to  issue 

etc  '  .  * 

notes  or  bonds  to  the  said  amount  payable  within  twelve 
months  from  the  date  thereof. 
Section  3.     This  act  shall   take  effect  upon  its  passage. 

Approved  June  2,  191 1. 


Acts,  1911.  — Chap.  512.  505 


An  Act  to  provide  for  an  outlet  for  the  sewage  of  Chap.512 

THE    CITIES    OF    EVERETT    AND    MALDEN    INTO    THE    NORTH 
METROPOLITAN  SEWERAGE  SYSTEM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  metropolitan  water  and  sewerage  board  ^^tw'f"^^' 
may,  in  order  to  provide  an  additional  ontlet  for  the  sewage  the  sewage 
of  the  cities  of  Maiden  and  Everett,  acting  in  behalf  of  the  ofEveietT 
commonwealth,  take,  or  acquire  by  purchase  or  otherwise,  ^°*^  Maiden. 
the  existing  sewer  belonging  to  the  city  of  Maiden  from  a 
point  at  or  near  the  corner  of  Eastern  avenue  and  Bryant 
street  in  said  city  and  running  northerly  through  Eastern 
avenue  to  a  point  at  or  near  the  middle  of  Broadway;  and  the 
said  board  is  hereby  authorized  to  pay  to  the  city  of  Maiden 
the  actual  cost  of  the  construction  of  the  portion  of  the  sewer 
so  taken.  The  said  portion  of  the  sewer  when  so  taken  shall 
become  a  part  of  the  north  metropolitan  system  of  sewers. 
Upon  acquiring  the  portion  of  the  sewer  in  Eastern  avenue  as 
aforesaid  the  said  board  shall  proceed  to  construct  a  sewer 
extending  from  said  sewer  through  Broadway  to  a  point  at 
or  near  the  boundary  line  between  the  cities  of  Maiden  and 
Everett,  and  the  sewer  so  constructed  shall  become  a  part 
of  the  north  metropolitan  system.  The  city  of  Everett  may, 
under  the  direction  of  said  board,  connect  its  local  system 
of  sewers  with  the  said  metropolitan  sewer  in  Broadway. 
The  city  of  Maiden  may,  under  the  direction  of  said  board, 
connect  its  local  system  of  sewers  with  the  said  metropolitan 
sewers  in  Broadway  and  Eastern  avenue  and  may  also,  sub- 
ject to  such  direction,  make  and  maintain  house  connections 
with  the  said  sewer.  The  city  of  Maiden  is  hereby  authorized 
and  empowered  to  make,  levy  and  collect  for  its  own  benefit 
assessments  of  annual  rates,  or  sums  in  lieu  thereof,  for  said 
sewers  in  Broadway  and  Eastern  avenue  in  the  same  manner 
in  which  sewer  assessments  are  now  made,  levied  and  col- 
lected for  its  local  sewers. 

Section  2.     For  the  purpose  of  taking  and  constructing  Powers  of 
said  metropolitan  sewers  in  Eastern  avenue  and  Broadway  poutan  water 
and  for  the  operation  and  maintenance  thereof,   the  said  age  board. 
board,  acting  in  behalf  of  the  commonwealth,  shall  have  and 
exercise  all  the  authority  conferred  upon  it  by  chapter  four 
hundred  and  thirty-nine  of  the  acts  of  the  year  eighteen  hun- 
dred and  eighty-nine  and  all  acts  in  amendment  thereof  and 
in  addition  thereto,  and  all  the  provisions  of  said  acts  are 


506 


Acts,  1911.  — Chap.  513. 


The  treas- 
urer and 
receiver 
general  may 
issue  bouds, 
etc. 


Assessments. 


Repeal. 


made  applicable  to  the  taking,  construction,  maintenance 
and  operation  of  said  sewers  except  as  is  otherwise  provided 
herein. 

Section  3.  To  meet  the  expenses  incurred  under  the  pro- 
\isions  of  this  act  the  treasurer  and  receiver  general  shall, 
from  time  to  time,  issue  in  the  name  and  behalf  of  the  com- 
monwealth and  under  its  seal  bonds  designated  on  the  face 
thereof,  INIetropolitan  Sewerage  Loan,  for  a  term  not  exceed- 
ing thirty  years,  to  an  amount  not  exceeding  sixty-two  thou- 
sand dollars,  in  addition  to  the  amount  of  such  bonds  hereto- 
fore authorized  for  tlie  construction  of  the  north  metropolitan 
sewerage  works.  The  provisions  of  chapter  four  hundred 
and  thirty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-nine  and  of  chapter  four  hundred  and  twenty-four  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-eight  xind 
all  acts  in  amendment  thereof  and  in  addition  thereto  shall, 
so  far  as  they  may  be  applicable,  apply  to  the  indebtedness 
authorized  by  this  act. 

Section  4.  The  treasurer  and  receiver  general  shall  In 
addition  to  levying  the  assessments  now  required  by  law  to 
meet  the  interest  and  sinking  fund  requirements  of  the  north 
metropolitan  system,  assess  annually  upon  the  cities  of  Mai- 
den and  Everett,  in  equal  shares,  such  sums  as  may  be  neces- 
sary to  satisfy  the  interest  and  sinking  fund  requirements  of 
the  bonds  issued  under  the  provisions  of  this  act. 

Section  5.  Chapter  five  hundred  and  forty-seven  of  the 
acts  of  the  year  nineteen  hundred  and  ten  is  hereby  repealed. 

Section  6.     This  act  shall  take  eft'ect  upon  its  passage. 

Approved  June  2,  1911. 


Chap.[jl3  An  Act  making  an  appropriation  to  pay  for  land  taken 

FOR  THE   BOSTON   STATE   HOSPITAL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  A  sum  not  exceeding  two  hundred  and  fifty 
thousand  dollars  Is  hereby  appropriated,  to  be  paid  out  of 
the  treasury  of  the  commonwealth  from  the  ordinary  revenue, 
to  be  expended  under  the  direction  of  the  state  board  of 
insanity  in  payment  for  land  taken  by  righf  of  eminent  do- 
main for  the  use  of  the  Boston  state  hosi)ital,  as  authorized 
by  chapter  sixty-five  of  the  resohes  of  the  present -year. 

Section  2.     This  act  shall  take  etiect  ui)on  its  passage. 

Approved  June  2,  1911. 


Appropria- 
tion for  land 
taken  for  the 
Boston  state 
hospital. 


Acts,  1911.  — Chaps.  514,  515,  516.  507 


An  Act  relative  to  the  use  of  motor  vehicles  by  offi-  (JJian.^14: 

CERS    AND    SOLDIERS    OF    THE    MILITIA    AUTHORIZED    TO    BE 
MOUNTED. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.      There  may  be  allowed,  upon  approval  of  the  use  of  motor 
adjutant  general,  for  motor  vehicles  actually  used  in  lieu  of  rhemiutii. 
horses,  to  each  officer  and  soldier  authorized  to  be  mounted, 
but  using  such  vehicle  in  lieu  of  a  horse,  a  sum  not  exceeding 
four  dollars  per  day:  proiyided,  however,  that  the  common-  Proviso. 
wealth  shall  not  be  liable  for  any  injury  to  or  depreciation 
of  motor  vehicles  so  used,  or  for  any  damage  to  persons  or 
property  resulting  from  such  use. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  2,  1911. 

An  Act  to  authorize  the  town  of  essex  to  purchase  a  fjjff^fj^  ^\^ 
release  of  land  held  by  the  feoffees  of  the  gram- 
mar school  in  the  town   of  IPSWICH. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.     The  town  of  Essex  is  hereby  authorized  to  The  town  of 
raise  by  taxation  and  to  pay  a  sum  of  money  not  exceeding  pitrchase  the 
five  hundred  dollars  for  the  purchase  from  the  Feoffees  of  pe|.^af,'j  °and 
the  Grammar  School  in  the  Town  of  Ipswich  of  a  release  and  'n  ipswieh. 
discharge  of  the  lease  called  The  Grammar  School  Farm 
Lease,  in  order  that  the  town  of  Essex  may  have  a  clear 
title  to  certain  land  in  the  town  owned  by  the  town  and  sub- 
ject to  the  said  lease;  this  being  the  same  right  or  interest 
in  land  which  the  said  feoffees  were  authorized  to  sell  and 
convey  by  chapter  five  hundred  and  six  of  the  acts  of  the 
year  nineteen  hundred  and  six. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  2,  1911. 

_  ■ 

An  Act  relative  to  the  municipal  lighting  plants  of  Chap.516 

THE   TOWNS   of   READING   AND   WAKEFIELD. 

Be  it  enacted,  etc.,  as  foUoios: 

Section  1.  The  towns  of  Reading  and  Wakefield  may  saieof 
sell  electricity  to  each  other,  and,  if  the  town  of  Reading  certain 
acquires  a  plant  for  the  manufacture  or  distribution  of  gas,  °^"^' 
said  towns  may  sell  gas  to  each  other. 


508 


Acts,  1911.  — Chap.  516. 


Construction 
and  main- 
tenance of 
mains,  etc. 


Digging  up, 
etc.,  of 
gi'oiuid  in 
streets,  etc. 


Construction 
and  niuin- 
tenauceot' 
lines  for 
iliatriliuting 
electricity. 

Proviso. 


The  town  of 
Heading  may 
ac(|iiire  a 
plant,  etc. 


Section  2.  The  town  of  ^Yakefiel(^  may,  if  authorized  by 
vote  of  tlie  town  of  Reading,  con.struct  and  maintain  in  the 
town  of  Reading.,pipes  for  the  distribution  and  sale  of  gas 
and  Hnes  for  the  distribution  and  sale  of  electricity  to  the 
inhabitants  thereof  and  to  said  town  for  municipal  use;  and 
the  town  of  Reading  may,  if  authorized  by  vote  of  the  town 
of  Wakefield,  construct  and  maintain  in  the  town  of  Wake- 
field lines  for  the  distribution  and  sale  of  electricity  to  the 
inhabitants  thereof  and  to  said  town  for  municipal  use;  but 
no  expenditure  for  such  purpose  shall  be  made  by  either  of 
said  towns  unless  the  same  shall  have  been  authorized  bv 
vote  of  two  thirds  of  the  voters  taken  by  ballot  with  the  use 
of  the  voting  list  at  each  of  two  town  meetings  called  for  the 
purpose  and  held  at  intervals  of  not  less  than  two  nor  more 
than  thirteen  months.  The  said  towns  shall  ha^•e  with 
respect  to  the  distribution  and  sale  of  gas  or  electricity 
beyond  their  respective  boundaries  the  same  rights  and  privi- 
leges and  be  subject  to  the  same  duties,  limitations  and  obli- 
gations as  they  now  or  may  hereafter  have  or  be  subject  to 
with  respect  to  the  distribution  and  sale  of  gas  or  electricity 
within  their  own  limits. 

Section  3.  The  town  of  Wakefield  mav,  with  the  consent 
in  writing  of  the  selectmen  of  Reading,  dig  up  and  open  the 
ground  in  any  of  the  streets,  lanes  and  highways  of  Reading 
so  far  as  may  be  necessary  to  construct  and  maintain  pipes 
for  the  distribution  and  sale  of  gas  under  the  authority  of 
section  two;  and  shall  have  the  same  duties  and  liabilities 
and  be  subject  to  the  same  regulations,  restrictions  and  con- 
trol with  respect  thereto  as  apply  to  gas  companies. 

Section  4.  Either  of  said  towns,  which  has  been  author- 
ized so  to  do  under  the  provisions  of  section  two,  may  con- 
struct and  maintain  lines  for  the  distribution  and  sale  of 
electricity  upon,  along,  under  or  across  public  ways  in  the 
other  town:  promded,  that  it  sliall  first  obtain  from  the 
selectmen  of  such  other  town  locations  for  said  lines  in 
the  same  manner  as  is  required  by  law  of  companies  incor- 
porated for  the  transmission  of  electricity  for  light,  heat  or 
power. 

Section  5.  If  the  town  of  Reading  shall  hereafter  acquire 
a  plant  for  the  manufacture  or  distribution  of  gas,  or  if  its 
selectmen  shall  hereafter  consent  to  the  digging  up  and  open- 
ing its  streets,  lanes  and  highways  for  the  i)urj)()se  of  laying 
gas  pipes  therein  by  a  gas  company  or  other  jjcrson  not  now 
engaged  actively  in  the  business  of  manufacturing  or  selling 


Acts,  1911.  — Chap.  51G.  509 

gas  tlierein,  it  sliall  under  the  provisions- of  sections  ten, 
eleven  and  twelve  of  chapter  thirty-four  of  the  Revised  Laws 
and  of  all  acts  in  amendment  thereof  or  in  addition  thereto, 
l)urchase  the  plant  and  property  within  its  limits  owned  by 
the  town  of  Wakefield  and  used  for  the  distribution  and  sale 
of  gas  in  like  manner  as  if  the  same  were  the  plant  and  prop- 
erty of  a  private  person,  firm  or  corporation:  ijroinded,  how-  Proviso. 
ever,  that  the  town  of  Wakefield  shall  have  no  right  to  refuse 
to  sell  its  plant  and  property  within  the  limits  of  the  town  of 
Reading,  but  shall  sell  and  convey  the  same  to  said  town  of 
Reading  within  the  time  and  in  the  manner  prescribed  by 
law  for  the  sale  to  a  municipality  of  gas  plants  privately 
owned,  and  thereupon  the  right  of  the  town  of  Wakefield  to 
maintain  a  gas  plant  or  to  sell  gas  within  the  limits  of  the 
town  of  Reading  shall  cease. 

Section  6.  Either  of  said  towns  may  extend  its  own  lines  Kxtension  of 
for  the  distribution  and  sale  of  electricity  to  its  inhabitants  '*  ^'®''- 
and  to  itself  for  municipal  use  throughout  its  own  territory 
notwithstanding  that  the  other  of  said  towns  has  constructed 
and  is  maintaining  therein  lines  for  said  purposes  under  the 
authority  of  this  act;  but  if  one  of  said  towns  shall  under- 
take to  supply  such  of  its  inhabitants,  public  buildings  and 
street  lights  as  it  had  the  right  to  do  under  the  pn)visions  of 
sections  ten,  eleven  and  twelve  of  chapter  thirt}'-four  of  the 
Revised  Laws  and  of  all  acts  in  amendment  thereof  or  in 
addition  thereto,  it  shall  purchase  the  electric  ligiit  plant  and 
property  within  its  limits  of  the  latter  town  in  like  manner 
as  if  the  same  were  the  plant  and  property  of  a  private  person, 
firm  or  corporation:  provided,  that  the  latter  town  shall  have  Proviso. 
no  right  to  refuse  to  sell  its  plant  and  property  within  the 
limits  of  the  former  but  shall  forthwith  sell  and  convev  the 
same  to  the  former  town  in  the  manner  prescribed  by  law 
for  the  sale  to  a  municipality  of  electric  light  plants  privately 
owned,  and  thereupon  the  right  of  the  latter  town  to  main- 
tain its  lines  and  to  distribute  and  sell  electricity  within  the 
limits  of  the  former  shall  cease. 

Section  7.     The  said  towns  may  in  the  exercise  of  the  TUe  towns 
authority  conferred  by  this  act  make  such  contracts  with  each  contract 
other,  not  inconsistent  with  this  act  or  with  other  provisions  other!'''*' 
of  law,  as  they  may  deem  necessary  and  proper. 

Section  8.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  2,  1911. 


510 


Acts,  1911.  — Chaps.  517,  518. 


1907,  560, 
§  117, 
amended. 


Pollinfc 
places  for 
caucuses. 


Chap.^YI     An  Act  relative  to  polling  places  for  caucuses. 
Be  it  enacted,  etc.,  as  Jollows: 

Section  one  hundred  and  seventeen  of' chapter  five  hun- 
dred and  sixty  of  the  acts  of  the  year  nineteen  hundred  and 
seven  is  hereby  amended  by  inserting  after  the  word  "pre- 
cincts", in  the  eleventh  Hne,  the  words:  —  as  the  city  or 
town  committee  shall  designate,  but  not  less  than  one  for 
each  ward,  —  and  by  inserting  after  the  word  "elections",  in 
the  thirteenth  line,  the  words:  —  also  postage  for  mailing 
credentials  and  notices  or  certificates  of  nomination  and 
election,  —  so  as  to  read  as  follows:  —  Section  117.  At  least 
two  weeks  prior  to  the  day  named  for  a  caucus,  the  chairman 
or  secretary  of  the  city  or  town  committee  shall  gi^•e  notice 
of  such  date  to  the  aldermen  or  to  the  selectmen,  or  in  Boston 
to  the  election  commissioners,  who  shall,  at  least  ten  days 
prior  to  such  date,  notify  the  city  or  town  committee  of  the 
places  selected  for  holding  the  caucuses,  and  shall,  at  the 
expense  of  the  city  or  town,  provide  polling  places,  in  a  city 
not  less  than  one  for  each  ward,  and  in  cities  and  towns  where 
elections  or  caucuses  are  held  in  voting  precincts,  one  in  each 
of  such  precincts  as  the  city  or  town  committee  shall  desig- 
nate, but  not  less  than  one  for  each  ward,  and  furnish  them 
with  booths,  registering  ballot  boxes,  guard  rails  and  the 
like,  as  they  are  arranged  for  state  elections,  also  postage 
for  mailing  credentials  and  notices  or  certificates  of  nomina- 
tion and  election. 

If  twenty-five  voters  of  a  ward  or  of  a  town  shall  request 
in  writing  at  least  twehe  days  before  any  caucus  of  the 
political  party  to  which  they  belong,  the  aldermen  or  select- 
men shall  so  arrange  the  polling  place  of  such  ward  or  town 
as  to  allow  voting  to  proceed  in  two  or  more  lines  at  the 
caucus.  Approved  June  2,  1911. 


Voting  may 
proceed  in 
two  or  more 
lines. 


Chap.^i'S  An  Act  relative  to  the  appointment  of  caucus  officers. 

Be  it  enacted,-  etc.,  as  follows: 

Section  one  hundred  and  forty-three  of  chapter  fiAC  hun- 
dred and  sixty  of  the  acts  of  the  year  nineteen  hundred  and 
seven  is  hereby  amended  by  adding  at  the  end  thereof  the 
words:  —  Where  additional  polling  places  are  provided,  after 
the  election  of  caucus  officers,  officers  to  act  in  such  polling 
places  shall  be  appointed  by  the  city  committee,  —  so  as  to 


1907,  560, 
§  143, 
amended. 


Acts,  1911.— Chaps.  510,  520.  511 

read  as  follows:  —  Section  IJfO.  In  a  newly  incorporated  city,  Appointment 
or  upon  a  re-division  into  wards  of  a  city  to  wiiich  the  said  pro-  oflficers." 
visions  apply,  tiie  caucus  officers  to  serve  in  the  first  caucuses 
held  in  the  next  succeeding  year  shall  be  appointed  by  the 
city  committee;  and  at  such  caucuses  the  regular  caucus 
officers  shall  be  chosen.  Where  additional  polling  places  are 
provided,  after  the  election  of  caucus  officers,  officers  to  act 
in  such  polling  places  shall  be  appointed  by  the  city  com- 
mittee. Approved  June  2,  1911. 

An  Act  making  an  appropriation  yob,  the  suppression  Chap.519 

OF  THE   GYPSY   AND   BROWN   TAIL  MOTHS. 

Be  it  enacted,  etc.,  as  follows: 
Section  1.     The  sum  of  one  hundred  and  fifty  thousand  suppression 

1    II  •      1  1  '11  •  1  !•     1  of  the  gypsy 

dollars  is  hereby  appropriated,  to  be  paid  out  of  the  treasury  and  brown 
of  the  commonwealth  from  the  ordinary  revenue,  for  the 
suppression  of  gypsy  and  brown  tail  moths,  and  for  expenses 
incidental  thereto,  as  authorized  by  chapter  four  hundred 
and  fifty-two  of  the  acts  of  the  year  nineteen  hundred  and 
nine. 
Section  2.     This  act  shall  take  eflFect  upon  its  passage. 

Approved  June  3,  1911. 

An  Act  making  appropriations  for  certain  expenses  C/ian.520 

OF  the  trustees  of  the  LYMAN  AND  INDUSTRIAL  SCHOOLS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth  '"°°^' 
from  the  ordinary  revenue,  for  the  purposes  specified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eleven,  to  wit:  — 

For  travelling  and  other  expenses  of  the  trustees  of  the  Trustees  of 
Lyman  and  industrial  schools,  to  include  the  printing  and  Ln^d^ndus" 
binding  of  their  annual  report,  a  sum  not  exceeding  twelve  expenses."''*' 
hundred  dollars. 

For  salaries  and  expenses  of  such  agents  as  the  trustees  of  ofag'entk^*''" 
the  Lyman  and  industrial  schools  may  employ,  a  sum  not 
exceeding  eleven  thousand  nine  hundred  dollars. 

For  expenses  in  connection  with  boarding   out  children  Boarding  out 
from  the  Lyman  school  for  boys,  for  the  present  year  and 
for  previous  years,  a  sum  not  exceeding  ten  thousand  dollars. 


512  Acts,  1911.  — Chaps.  521,  522,  523. 

Care  of  pro-  Yov  exDenscs  in  connection  with  the  care  of  probationers 

from  the  state  industrial  school,  to  niclude  boardnig  out  and 
other  expenses  of  girls  on  probation,  for  the  present  year  and 
for  previous  years,  a  sum  not  exceeding  sixteen  thousand 
dollars. 

instrurtion  p^p  iustructiou  iu  the  public  schools  of  children  boarded 

in  pulilic  *  (•IT  1   •      1  •    I 

schools.  out  or  bound  out  by  the  trustees  oi  the  Lyman  and  mdustrial 

schools,  a  sum  not  exceeding  one  thousand  dollars. 
Section  2.     This  act  shall  take  efi'ect  upon  its  passage. 

Api^oved  June  3,  lUll. 

C/iap.521  An  Act  making  an  appropriation  for  the  maintenance 

OF  THE  LYMAN  SCHOOL  FOR  BOYS. 

Be  it  enacted,  etc.,  as  fullows: 

Irh^oUoT  Section  1.     A  sum  not  exceeding  one  hundred  and  seven 

^°J^-  thousand  eight  hundred  dollars  is  hereby  apj)ropriated,  to  be 

paid  out  of  the  treasury  of  the  commonwealth  from  the  ordi- 
nary revenue,  for  the  maintenance  of  the  Lyman  school  for 
boys,  for  the  fiscal  year  ending  on  the  thirtieth  day  of  Novem- 
ber, nineteen  hundred  and  eleven. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  3,  1011. 

Char)Xj2^  An  Act  making  an  appropriation  for  the  maintenance 

OF  THE  INDUSTRIAL  SCHOOL  FOR  BOYS. 

Be  it  enacted,  etc.,  as  joUoics: 

Industrial  Section  1.     A  suui   uot  excccding  forty-eight    thousand 

boy's?  one  hundred  and  fifty  dollars  is  hereby  appropriat(>d,  to  be 

paid  out  of  the  treasury  of  the  commonwealth  from  the  ordi- 
nary revenue,  for  the  maintenance  of  the  industrial  school 
for  boys,  for  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eleven. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  3,  1011. 

Chap.r)2^  An  Act  making  an  appropriation  for  the  maintenance 

of  the  state  industrial  school  for  girls. 

Be  it  enacted,  etc.,  as  follows: 

state  Indus-  Section  L     A  sum  uot  cxccediug  seventx-three  thousand 

trial  school  i        i      i    ii  •      i  i  •    i      \      .        \  •  l  i. 

for  girls.  hve  hundred  dollars  is  hereby  approjinated,  to  he  paid  out 

of  the  treasury  of  the  commonwealth   from  the  ordinary 


Acts,  1911.  — Chaps.  524,  525.  513 

revenue,  for  the  maintenance  of  the  state  industrial  school 
for  girls,  for  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eleven. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

ApiJroved  June  o,  1011. 


An  Act  to  authorize  the  old  colony  railroad  company  (7/ia7>.524 

TO  CONSTRUCT  AND  MAINTAIN  AN  EXTENSION  OF  ITS  SIIAW- 
MUT  BRANCH  FROM  MATTAPAN  IN  THE  CITY  OF  BOSTON  TO 
A  POINT  ON  THE  MIDLAND  DIVISION  OF  THE  NEW  YORK, 
NEW    HAVEN    AND    HARTFORD    RAILROAD    COMPANY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  Old   Colony  Railroad   Company,  New  Extension  of 
York,  New  Haven  and  Hartford  Railroad  Company,  lessee,  coiony  raii- 
is  hereby  authorized  to  construct  and  maintain  an  extension  '^°'' 
of  the  Shawmut  branch  from  its  present  terminus  in  Matta- 
pan,  in  the  city  of  Boston,  to  a  junction  with  the  Midland 
division  of  the  New  York,  New  Haven  and  Hartford  Rail- 
road Company  at  or  near  Rugby  station,  so-called. 

Section  2.     The  said  extension  shall  pass  under  all  exist-  May  pass 

under  exist- 
ing highways  in  a  manner  satisfactory  to  the  board  of  rail-  inK  high- 
road commissioners,  and  shall  in  other  respects  be  subject  to 
the  provisions  of  section  one  hunflred  and  twenty-six  of  Part 
n  of  chapter  four  hundred  and  sixty-three  of  the  acts  of  the 
year  nineteen  hundred  and  six,  and  acts  in  addition  thereto 
and  in  amendment  thereof. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  5,  1911. 

An  Act  to  incorporate  the  tewksbury  water  company.  Cha7).f)25 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Herbert  M.  Larrabee,  Carey  C.  Waterman,  Tewksbury 
Enoch  Foster,  Herbert  W.  Pillsbury  and  H.  Louis  Farmer,  clmipany 
their  associates  and  successors,  are  hereby  made  a  corpora-  "^'^"'poratcd. 
tion  by  the  name  of  the  Tewksbury  Water  Company,  for  the 
purpose  of  supplying  the  inhabitants  of  the  town  of  Tewks- 
bury, or  any  part  thereof,  with  water  for  domestic,  manu- 
facturing, and  other  purposes,  including  the  extinguishment 
of  fires;  with  all  the  powers  and  privileges,  and  subject  to 
all  the  duties,  restrictions  and  liabilities  set  forth  in  all  gen- 
eral laws  now  or  hereafter  in  force  applicable  to  such  cor- 
porations. 


514 


Acts,  1911.  — Chap.  525. 


May  .icquire 
certain 
waters, 
water  rights, 
etc. 


Proviso. 


May  con- 
struct and 
maintain 
aqueducts, 
etc. 


DpsiTlption 
of  1:1  tills 
taken,  etc.. 


Section  2.  Said  company,  for  the  purposes  aforesaid, 
may  lease,  take  or  acquire  by  purchase  or  otherwise,  and 
hold  and  convey  the  waters,  or  so  much  thereof  as  may  be 
necessary,  of  any  ponds,  springs,  streams,  wells  or  any  filter 
galleries  or  wells  that  may  be  constructed  upon  the  shore 
of  any  pond,  or  near  any  spring  or  stream  within  the  limits 
of  said  town,  together  with  any  water  rights  connected 
therewith,  and  also  all  lands,  rights  of  way  and  easements 
necessary  for  holding  and  preserving  such  water  and  for 
conveying  the  same  to  any  part  of  said  town;  and  may 
erect  on  the  land  thus  taken  or  held  proper  dams,  buildings, 
stanflpipes,  fixtures  and  other  structures,  and  ma}'  make 
excavations,  procure  and  operate  machinery,  and  provide 
such  other  means  and  appliances,  and  may  do  such  other 
things,  as  may  be  necessary  for  the  establishment  and 
maintenance  of  complete  and  effective  water  works:  j^^o- 
vided,  howecer,  that  no  source  of  water  supply  for  domestic 
purposes  or  lands  necessary  for  preserving  the  quality  of 
such  water  shall  be  acquired  under  this  act  without  the 
consent  of  the  state  board  of  health,  and  that  the  location 
of  all  dams,  reservoirs,  wells  or  other  works  for  collecting 
or  storing  water  shall  be  subject  to  the  approval  of  the  said 
board. 

Section  3.  Said  company,  for  the  purposes  aforesaid, 
may  construct,  lay  and  maintain  aqueducts,  conduits,  pipes 
and  other  works,  under  or  over  any  land,  water  courses, 
canals,  dams,  railroads,  railways  and  public  or  other  ways, 
and  along  any  highway  or  other  way  in  the  town  of  Tewks- 
bury,  in  such  manner  as  not  unnecessarily  to  obstruct  the 
same;  and  for  the  purpose  of  constructing,  laying,  main- 
taining and  repairing  such  aqueducts,  conduits,  pipes  and 
other  works,  and  for  all  piu'poses  of  this  act  said  company 
may  dig  up,  raise  and  embank  any  such  lands,  highways 
or  other  ways  in  such  manner  as  to  cause  the  least  hindrance 
to  ])ublic  travel;  but  all  things  done  upon  any  such  ways 
shall  be  subject  to  the  direction  and  approval  of  the  select- 
men of  said  town.  Said  company  shall  not  enter  upon, 
construct  or  lay  any  conduits,  jiipes  or  other  works  within 
tlu;  location  of  any  railroad  cor])oration,  except  at  such 
time  and  in  such  manner  as  it  may  agree  upon  with  the 
company,  or,  in  case  of  failure  so  to  agree,  as  may  be  ap- 
l)roved  by  the  board  of  railroad  conunissioners. 

Sf.ction  4.  Said  company  shall,  within  sixty  days  after 
^■otiIlg  to  take  any  lands,  rights  of  way,  water  rights,  water 


Acts,  1911.  — Chap.  525.  515 

sources  or  easements  as  aforesaid,  otherwise  than  by  pur-  to'i^'^- 
chase  or  lease,  file  and  cause  to  be  recorded  in  the  registry 
of  deeds  for  the  northern  district  of  the  county  of  Middlesex 
a  description  thereof  sufficiently  accurate  for  identification, 
with  a  statement  of  the  purpose  for  which  the  same  were 
taken,  signed  by  the  president  of  the  company.  The  record- 
ing shall  operate  as  a  taking  of  the  real  estate  and  rights 
and  easements  therein  described. 

Section  5.  Said  company  shall  pay  all  damages  to  Damages, 
property  sustained  by  any  person,  firm  or  corporation  by 
the  taking  of  any  land,  right  of  way,  water,  water  source, 
water  right  or  easement,  or  by  any  other  thing  done  by  said 
company  under  authority  of  this  act.  Any  person,  firm  or 
corporation  sustaining  damages  as  aforesaid,  and  failing  to 
agree  with  said  company  as  to  the  amount  thereof,  may 
have  the  same  assessed  and  determined  in  the  manner  pro- 
vided by  law  in  the  case  of  land  taken  for  the  laying  out  of 
highways,  on  application  at  any  time  within  two  years 
after  the  taking  of  such  land  or  other  property  or  the  doing 
of  any  other  injury  under  authority  of  this  act;  but  no 
such  application  shall  be  made  after  the  expiration  of  the 
said  two  years.  No  application  for  the  assessment  of 
damages  shall  be  made  for  the  taking  of  any  water,  water 
right  or  water  source,  or  for  any  injury  thereto,  until  the 
water  is  actually  withdrawn  or  diverted  under  authority 
of  this  act.  Said  company  may  by  vote,  from  time  to 
time,  determine  what  amount  or  quantity  of  water  it  pro- 
poses to  take  under  this  act;  in  which  case  any  damages 
caused  by  such  taking  shall  be  based  upon  the  said  amount 
or  quantity  until  the  same  shall  be  increased  by  vote  or 
otherwise,  and  in  that  event  the  company  shall  be  liable 
further  only  for  the  additional  damages  caused  by  such 
additional  taking. 

Section  G.  Said  company  may  distribute  water  through  ^/^^^j^er*'°° 
the  town  of  Tewksbury  or  any  part  thereof,  may  regulate  the  etc. 
use  of  the  same,  and  may  establish  from  time  to  time  the  rates 
for  the  use  of  water,  and  may  collect  the  same;  and  may 
make  such  contracts  with  the  said  town  or  with  any  fire 
district  now  or  hereafter  established  therein,  or  with  any  in- 
dividual or  corporation,  to  supply  water  for  the  extinguish- 
ing of  fires,  or  for  other  purposes,  as  may  be  agreed  upon. 

Section  7.     Said   company   may,    for   the   purposes   set  ^nl'^^^^f^l 
forth  in  this  act,  hold  real  estate  not  exceeding  in  value  stock. 
ten  thousand  dollars,  and  the  capital  stock  of  said  company 


51(3 


Acts,  1911.  — Chap.  525. 


Certificate 
of  p,T,yment 
of  capital 
stock  to  be 
filed. 


May  issue 
bonds,  etc. 


Issue  of 
capital  stock, 
etc. 


Penalty  for 
polluting;, 
etc.,  water. 


shall  not  exceed  fifteen  thou.sand  dollars,  to  be  di\i(led  into 
shares  of  one  hundred  dollars  each. 

Section  8.  Immediately  after  the  payment  of  the  capital 
stock  of  said  company  a  certificate  of  that  fact  and  of  the 
manner  in  which  the  same  has  been  paid  in,  and,  at  the 
time  of  making  the  certificate,  has  been  invested,  signed 
and  sworn  to  by  the  president,  treasurer  and  a  majority 
at  least  of  the  directors,  and  approved  by  the  commissioner 
of  corporations,  shall  be  filed  in  the  office  of  the  secretary 
of  the  commonwealth.  A  conveyance  to  the  company  of 
property,  real  or  personal,  at  a  fair  valuation,  shall  be 
deemed  a  sufficient  paying  in  of  the  capital  stock  to  the  ex- 
tent of  such  value,  if  a  statement  is  included  in  the  certifi- 
cate, made,  signed  and  sworn  to  by  its  president,  treasurer 
and  a  majority  of  its  directors,  giving  a  description  of  such 
property  and  the  value  at  which  it  was  taken  in  payment, 
in  such  detail  as  the  commissioner  of  corporations  shall 
require  or  approve,  and  endorsed  with  his  certificate  that 
he  is  satisfied  that  said  valuation  is  fair  and  reasonable. 

Section  9.  Said  company  may  issue  bonds,  and  may 
secure  the  same  by  a  mortgage  of  its  franchise  and  other 
property  to  an  amount  not  exceeding  its  capital  stock  actu- 
ally paid  in.  The  {)roceeds  of  all  bonds  so  issued  shall  be 
expended  only  in  the  extension  of  the  works  of  the  company, 
and  in  payment  of  expenditures  actually  made  in  the  con- 
struction of  the  works,  over  and  above  the  amount  of  the 
caj)ital  stock  actually  paid  in. 

Section  10.  The  capital  stock  and  bonds  hereinbefore 
authorized  shall  be  issued  only  in  such  amounts  as  may  from 
time  to  time,  upon  investigation  by  the  commissioner  of 
corporations,  be  deemed  by  him  to  be  reasonably  requisite 
for  the  purposes  for  which  such  issue  of  stock  or  bonds  is 
authorized.  His  decision  approving  the  issue  shall  specify 
the  respective  amounts  of  stock  and  bonds  authorized  to  be 
issued,  and  the  jmrposes  to  which  the  proceeds  are  to  be 
applied.  A  certificate  setting  forth  his  decision  shall  be  filed 
in  the  office  of  the  secretary  of  the  commonwealth  before  the 
certificates  of  stock  or  the  l)()nds  are  issued,  and  the  proceeds 
of  such  stock  or  bonds  shall  not  be  applied  to  any  jiurpose 
not  specified  in  the  said  decision. 

Section  11.  Whoever  wilfully  or  wantonly  corrupts,  pol- 
lutes or  diverts  anv  water  taken  or  held  under  this  act,  or 
injures  any  structure,  work  or  other  proi)erty  owned,  held  or 
used  by  said  company  under  authority  of  this  act,  shall  for- 


Acts,  1911.  — Chap.  525.  517 

feit  and  pay  to  said  company  three  times  the  amount  of 
damages  assessed  therefor,  to  be  recovered  in  an  action  of 
tort;  and  upon  being  convicted  of  any  of  the  above  wilful 
or  wanton  acts  shall  be  punished  by  a  fine  not  exceeding 
three  hundred  dollars  or  by  imprisonment  in  jail  for  a  term 
not  exceeding  one  year. 

Section  12.     The  town  of  Tewksbury  shall  have  the  right,  Tewksburf 
at  any  time  during  the  continuance  of  the  charter  herebv  may  take 

.         ,  ,  ,  •  c      1  •    1 '     franchise. 

granted,  to  acquire  by  purchase  or  by  exercise  oi  the  right  etc. 
of  eminent  domain,  the  franchise,  property  and  all  rights 
and  privileges  of  said  company,  on  payment  to  the  company 
of  the  actual  cost  of  its  franchise,  works  and  property  of 
every  kind  held  under  the  provisions  of  this  act;  and  unless 
the  dividends  earned  and  declared  by  said  company  on  its 
stock  shall  have  been  equal  to  or  in  excess  of  five  per  cent 
per  annum,  there  shall  be  added  to  the  cost  of  the  works 
such  a  sum  as  would  make  the  net  returns  to  the  stock- 
holders five  per  cent  per  annum  on  the  investment.  The 
town,  on  taking  as  herein  provided,  the  property  of  said 
company,  shall  assume  all  of  its  outstanding  obligations 
incurred  in  the  construction  or  improvement  of  the  property, 
including  bonds  secured  by  mortgage  issued  under  authority 
of  this  act;  and  the  amount  thus  assumed  shall  be  deducted 
from  the  total  amount  to  be  paid  by  said  town  to  said  com- 
pany. The  company  shall  furnish  to  the  town  of  Tewksbury, 
under  oath,  an  itemized  statement  of  the  actual  cost  of  the 
water  supply  system  authorized  under  this  act,  together  with 
a  copy  of  all  contracts  made  in  providing  and  constructing 
said  water  supply  system  and  any  extension  thereof,  and 
shall  furnish  to  said  town  annually  in  the  month  of  January 
an  itemized  statement,  under  oath,  of  its  receipts  and  expendi- 
tures, which  statement  shall  be  submitted  by  the  selectmen 
to  the  citizens  of  the  town  at  the  annual  town  meeting.  This 
authority  to  take  said  franchise  and  property  is  granted  on 
condition  that  the  same  is  assented  to  by  said  town  by  a  two 
thirds  vote  of  the  voters  present  and  voting  thereon  at  a 
meeting  legally  called  for  that  purpose;  and  the  taking,  if 
by  exercise  of  the  right  of  eminent  domain,  shall  be  by  filing 
in  the  registry  of  deeds  for  the  northern  district  of  the  county 
of  Middlesex,  a  declaration  of  the  taking,  which  shall  include 
a  certified  copy  of  the  article  in  the  warrant  under  which  the 
town  acted,  and  of  the  vote  of  the  town  thereon,  showing 
that  it  was  passed  by  a  two  thirds  vote,  as  herein  required. 
In  case  the  town  and  the  company  shall  be  unable  to  agree 


518 


Acts,  1911.  — CuAr.  525. 


Tewksbury 
Water  Loan. 


Payment  of 
interest  on 
loan. 


Water  com- 
ini.sHionora, 
election, 
terms,  etc. 


upon  the  actual  cost  of  the  property,  the  supreme  judicial 
court  shall,  upon  application  of  either  party  and  notice  to 
the  other,  appoint  three  commissioners  who  shall  determine 
the  actual  cost  of  the  property,  and  whose  award,  when 
accepted  by  the  court,  shall  be  final.  Interest  at  the  rate 
of  six  per  cent  shall  be  included  in  the  award  from  the  date 
of  the  taking  or  purchase. 

Section  13.  Said  town  may,  for  the  purpose  of  paying 
the  cost  of  said  franchise  and  corporate  property,  and  the 
necessary  expenses  and  liabilities  incurred  under  the  provi- 
sions of  this  act,  issue  from  time  to  time  bonds,  note's  or  scrip 
to  an  amount  not  exceeding  forty  thousand  dollars.  Such 
bonds,  notes  or  scrip  shall  bear  on  their  face  the  words, 
Tewksbury  Water  Loan;  shall  be  payable  at  the  expiration 
of  periods  not  exceeding  thirty  years  from  the  dates  of  issue; 
shall  bear  interest,  payable  semi-annually,  at  a  rate  not  ex- 
ceeding five  per  cent  per  annum;  and  .shall  be  signed  by  the 
treasurer  of  the  town  and  countersigned  by  the  water  com- 
missioners hereinafter  provided  for.  Said  town  may  sell  such 
securities  at  public  or  private  sale,  upon  such  terms  and  con- 
ditions as  it  may  deem  proper,  but  they  shall  not  be  sold  for 
less  than  their  par  value.  Said  town  shall  pay  the  interest 
upon  said  loan  as  it  accrues,  and  shall,  at  the  time  of  author- 
izing the  loan,  provide  for  the  payment  thereof  in  such  annual 
proportionate  payments,  beginning  not  more  than  five  years 
after  the  first  issue  of  the  bonds,  notes  or  scrip,  as  will  extin- 
guish the  same  within  the  time  prescribed  by  this  act;  and 
when  a  vote  to  that  effect  has  been  passed,  a  sum  which, 
with  the  income  derived  from  water  rates,  will  be  sufficient 
to  pay  the  annual  expense  of  operating  its  water  works  and 
the  interest  as  it  accrues  on  the  bonds,  notes  or  scrip  issued 
as  aforesaid  by  the  town,  and  to  make  such  payments  on  the 
principal  as  may  be  required  under  the  provisions  of  this 
act  shall,  without  further  vote,  be  assessed  by  the  assessors 
of  the  town  annuallv  thereafter,  in  the  same  manner  in  which 
other  taxes  are  assessed,  until  the  debt  incurred  by  said  loan 
is  extinguished. 

Section  14.  Said  town  shall,  after  accjuiring  said  fran- 
chise and  corporate  property,  as  provided  in  this  act,  at  a 
legal  meeting  called  for  the  purpose  elect  by  ballot  three 
persons  to  hold  office,  one  until  the  expiration  of  three  years, 
one  until  the  expiration  of  two  years  and  one  until  the  ex- 
piration of  one  year  from  the  next  succeeding  annual  town 
meeting,  to  constitute  a  board  of  water  commissioners;  and 


Acts,  1911. —  Chap.  525.  519 


at  every  annual  town  meeting  thereafter  one  such  commis- 
sioner shall  be  elected  b}'  ballot  for  the  term  of  three  years. 
All  the  authority  granted  to  the  said  town  by  this  act  and 
not  otherwise  specifically  provided  for  shall  be  vested  in 
said  water  commissioners,  who  shall  be  subject  however  to 
such  instructions,  rules  and  regulations  as  the  town  may 
impose  by  its  vote.  A  majority  of  the  commissioners  shall  Q""^^™- 
constitute  a  quorum  for  the  transaction  of  business.  Any 
vacancy  occurring  in  said  board  for  any  cause  may  be  filled 
for  the  remainder  of  the  unexpired  term  by  the  town,  at  any 
legal  town  meeting  called  for  the  purpose.  Any  such  vacancy 
may  be  filled  temporarily  by  a  majority  vote  of  the  select- 
men, and  the  person  so  appointed  shall  hold  office  until  the 
town  fills  the  vacancy  in  the  manner  provided  for  herein. 

Section  15.  Said  commissioners  shall  fix  just  and  equi-  Water  rates, 
table  prices  and  rates  for  the  use  of  water,  and  shall  prescribe 
the  time  and  manner  of  payment.  The  income  of  the  water 
works  shall  be  applied  to  defraying  all  operating  expenses, 
interest  charges  and  payments  on  the  principal  as  they  accrue 
upon  any  bonds,  notes  or  scrip  issued  under  authority  of 
this  act.  If  there  should  be  a  net  surplus  remaining  after 
providing  for  the  aforesaid  charges  it  shall  be  used  for  such 
new  construction  as  the  water  commissioners  may  determine 
upon,  and  in  case  a  surplus  should  remain  after  payment  for 
such  new  construction,  the  water  rates  shall  be  reduced  pro- 
portionately. No  money  shall  be  expended  in  new  construc- 
tion by  the  water  commissioners  except  from  the  net  surplus 
aforesaid,  unless  the  town  appropriates  and  provides  money 
therefor.  Said  commissioners  shall  annually,  and  as  often 
as  the  town  may  require,  render  a  report  upon  the  condition 
of  the  works  under  their  charge,  and  an  account  of  their 
doings,  including  an  account  of  receipts  and  expenditures. 

Section  16.     Any  fire  district  hereafter  established  within  Rights jmd 
the  town  of  Tewksbury  for  the  purpose  of  supplying  the  fire  district 
inhabitants  thereof  with  water  for  the  extinguishment  of  esTaTiished. 
fires  and  for  domestic,  manufacturing  and  other  purposes, 
shall  have  all  the  rights  and  privileges  herein  granted  to, 
and  be  subject  to  all  the  obligations,  duties  and  liabilities 
herein  imposed  upon,  said  town. 

Section  17.     This  act  shall  take  effect  upon  its  passage,  Time  of 
but  shall  become  void  unless  said  water  company  shall  have 
begun  to  distribute  water  through  its  pipes  to  consumers  in 
said  town  within  three  years  after  the  date  of  its  passage. 

Approved  June  6,  1911. 


520 


Acts,  1911.  — Chaps.  526,  527. 


(7Aap.526  An  Act  to  provide  for  publishing  in  the  series  of 

PUBLIC  documents  CERTAIN  STATEMENTS  RELATIVE  TO 
THE  METROPOLITAN  PARKS,  SEWERAGE  AND  WATER  DIS- 
TRICTS. 


Publication 
of  certain 
statements 
in  the  series 
of  public 
documents. 


Number  to 
be  printed, 
etc. 


Repeal. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  treasurer  and  receiver  general  shall  an- 
nually, as  soon  after  the  prorogation  of  the  general  court  as 
is  practicable,  cause  to  be  published  statements  showing  the 
assessments  for  interest,  sinking  funds  and  maintenance 
requirements  due  from  cities  and  towns  in  the  metropolitan 
sewerage  systems,  north  and  south,  metropolitan  parks  and 
water  districts;  a  statement  showing  the  several  classes  of 
debts  incurred  for  metropolitan  district  purposes,  and  the 
share  of  the  cities  and  towns  in  the  several  districts  as  meas- 
ured by  the  basis  used  in  computing  the  assessments  men- 
tioned in  the  first  statement;  and  such  other  statements,  if 
any,  as  he  may  deem  advisable. 

Section  2.  Two  thousand  copies  of  the  said  statements 
shall  be  printed  and  numbered  as  one  of  the  public  document 
series.  The  expense  of  printing  shall  be  apportioned  and 
paid  in  equal  parts  from  the  maintenance  fluids  of  the  sewer- 
age systems,  north  and  south,  the  parks  system  and  water 
system. 

Section  W.  Chapter  five  hundn-d  and  seventeen  of  the 
acts  of  the  year  nineteen  hundred  and  ten  is  hereby  repealed. 

Section  4.     This  act  shall  take  efl'ect  upon  its  passage. 

Approved  June  G,  19U. 


CIiap.r)27  An  Act  relative  to  the  retirement  of  justices  of  the 

SUPERIOR   court. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  A  justice  of  the  superior  court  having  at- 
tained the  age  of  seventy  years  and  having  served  in  said 
court  for  at  least  ten  consecutive  years  may  retire  from  acti\  e 
service  and  shall  thereafter  perform  service  only  with  his 
own  consent  on  the  written  request  of  the  chief  justice  of 
the  court.  He  shall  during  the  remainder  of  his  life  receive 
an  amount  e(|ual  to  three  Fourths  of  the  .salary  which  was 
by  law  p;iy;ible  to  him  at  the  time  of  his  retirement.     A 


Retirement 
of  justices 
of  the 
superior 
court. 


Acts,  1911.  —  Chaps.  528,  529.  521 

justice  so  retired  shall  not  be  counted  in  the  number  of  jus- 
tices provided  by  law  for  the  superior  court,  but  on  his  retire- 
ment another  justice  shall  be  appointed  in  his  place. 

Section  2.     All  acts  and  parts  of  acts  inconsistent  here-  Repeal, 
with  are  hereby  repealed.  Approved  June  6,  1911. 

An  Act  relative  to  the  maintenance  of  a  passenger  (jhfiqj  59g 

STATION  AT  SOUTH   WORCESTER  JUNCTION  IN  THE   CITY  OF  i  '    ^ 

WORCESTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  New  York,  New  Haven  and  Hartford  Maintenance 

'  of  a  union 

Railroad  Company  and  the  Boston  and  Albany  Railroad  passenger 

-^  «      1  *  •  •  •  ■  •  stfition  at 

Company  shall  manitam  a  union  station,  or  separate  stations,  the  south 
at  or  near  South  Worcester  junction,  so-called,  unless  the  junction. 
board  of  railroad  commissioners  shall,  after  a  hearing,  find 
that  a  decrease  or  discontinuance  of  facilities  for  passengers 
is  necessitated  by  the  relocation  of  the  tracks  in  said  locality 
under  chapter  three  hundred  and  eighty-seven  of  the  acts 
of  the  year  nineteen  hundred,  and  acts  in  amendment  thereto; 
or  unless  the  board,  after  a  hearing,  finds  that  public  conven- 
ience and  necessity  do  not  require  station  facilities  for  pas- 
sengers at  this  place. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  6,  1911. 

An  Act  to  provide  for  an  investigation  as  to  the  feasi-  (JJiqij  529 

BILITY    and    probable    COST    OF    TAKING    LAKE    QUINSIGA- 
MOND  AND  ITS  SHORES  FOR  A  STATE  RESERVATION. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  governor,  with  the  advice  and  consent  investigation 
of  the  council,  shall  appoint  three  persons,  residents  of  the  tWingof 
county  of  Worcester,  who  shall  investigate  the  feasibility  ^igamond"as 
of   taking   Lake   Quinsigamond,    so-called,    in    the    city    of  uJn!*''^'* 
Worcester  and   the  town   of   Shrewsbury,   with   its   shores 
and   sufficient   approaches   thereto,   and   maintaining  it   as 
a  city,  county  or  state  reservation.     They  shall  report  to 
the  next  general  court,  not  later  than  January  fifteenth, 
stating  the  probable  cost  of  the  said  taking,  and  they  may 
expend  a  sum  not  exceeding  five  hundred  dollars  in  carrying 
out  the  provisions  of  this  act. 


522 


Acts,  1911,— CiiArs.  530,  531. 


Expendi- 
tures. 


Section  2.  The  expenses  hereunder  shall  be  paid  out 
of  an  appropriation  for  that  purpose  made  by  the  county 
of  Worcester. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  G,  1911. 


Chap.5^0  An  Act  to  authorize  the  city  of  boston  to  pay  an 

ANNUITY  TO  THE  WIDOW  OF  PATRICK  BURKE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Boston  may  pay  an  annuity  not 
exceeding  three  hundred  dollars  for  a  period  not  exceeding 
eight  years  to  Hattie  Burke,  widow  of  Patrick  Burke  who 
was  killed  by  being  run  over  by  a  cart  while  in  the  service 
of  the  department  of  public  works  of  that  city  on  April 
fourteenth,  nineteen  hundred  and  eleven;  but  this  annuity 
shall  cease  in  case  the  widow  shall  remarry  within  the  period 
aforesaid. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  6,  1911. 


The  city  of 
Boston  may- 
pay  an 
annuity  to 
the  widow  of 
Patrick 
Burke. 


CJiap.ry^l  An  Act  to  provide  a  new  charter  for  the  city  of  cam- 
bridge. 


Be  it  enacted,  etc.,  as  follows: 


City  of 
Cambridge. 


RIGHTS   AND   POWERS   OF   THE   CITY. 

Section  1.  The  inhabitants  of  the  city  of  Cambridge 
shall  continue  to  be  a  body  corporate  and  politic  under  the 
name  of  the  City  of  Cambridge,  and  as  such  shall  have, 
exercise  and  enjoy  all  the  rights,  immunities,  powers  and 
privileges,  and  shall  be  subject  to  all  the  duties  and  obliga- 
tions provided  for  herein,  or  otherwise  pertaining  to  said 
city  as  a  municipal  corporation. 


Elective 
officers. 


Election  of 
BUpervisor.s. 


ELECTIVE   OFFICERS. 

Section  2.  The  elective  officers  of  the  city  shall  consist 
of  five  supervisors,  constituting  the  city  council,  and  five 
members  of  the  school  committee,  and  no  others. 

Section  3.  One  of  the  supervisors  shall  be  supervisor 
of  administration  and  ex  officio  mayor;  one  shall  be  super- 
visor of  finance;  one  shall  be  supervisor  of  health;  one  shall 


Acts,  1911.  — Chap.  531.  •  523 

be  supervisor  of  public  works;  one  shall  be  supervisor  of 
public  property.  Each  of  these  five  supervisors  shall  be 
elected  at  large  by  the  qualified  voters  of  the  whole  city, 
and  each  shall  have  charge  of  the  division  of  city  affairs 
indicated  by  his  official  title,  subject  to  the  reservations  of 
power  and  duty  to  the  school  committee  elsewhere  provided 
in  this  act. 

Section  4.     For  the  purpose  of  electing  the  members  of  ^^l''^^l^^l°^ 
the  school  committee,  the  city  shall  be  divided  into  three  Jiatricts. 
districts. 

Wards  one,  two  and  three  shall  constitute  the  first  dis- 
trict; wards  four,  five,  six  and  seven  shall  constitute  the 
second  district;  wards  eight,  nine,  ten  and  eleven  shall 
constitute  the  third  district. 

The  qualified  voters  of  each  district  shall  elect  from 
among  their  number  one  member  of  the  school  committee; 
and  the  qualified  voters  of  the  whole  city  shall  elect  from 
among  their  number  two  members  of  the  school  committee. 

At  each  regular  election  after  the  adoption  of  this  act, 
the  voters  of  the  city  and  of  the  respective  districts  shall 
choose  from  among  their  number  in  place  of  those  members 
of  the  school  committee  whose  terms  are  about  to  expire  an 
equal  number  of  members,  each  to  serve  for  three  years. 

Section  5.  The  terms  of  all  elective  officers  shall  com-  Terms  of 
mence  at  ten  o'clock  in  the  forenoon  of  the  first  Monday 
in  January  following  their  election,  and  shall  be  for  three 
years  each,  and  until  ten  o'clock  in  the  forenoon  of  the  first 
Monday  in  January  following  the  election  of  their  suc- 
cessors and  until  their  successors  shall  qualify  to  act  in 
their  stead:  provided,  however,  that  the  terms  of  office  of  Proviso, 
the  supervisor  of  health  and  of  the  supervisor  of  public 
works  first  elected  under  this  act,  shall  be  two  years  only, 
and  the  term  of  the  supervisor  of  public  property  first  so 
elected  shall  be  one  year  only. 

Section  6.     The  supervisor  of  administration  shall  re-  Salaries, 
ceive  an  annual  salary  of  five  thousand  dollars,  payable 
in  equal  monthly  instalments. 

The  other  four  supervisors  shall  each  receive  an  annual 
salary  of  four  thousand  dollars,  payable  in  equal  monthly 
instalments. 

No  elective  officer  shall  receive  any  compensation  for  any 
service  he  may  render  the  city  during  his  term  of  office, 
other  than  that  which  is  provided  in  this  section. 


524 


Acts,  1911.  —  Chap.  531. 


Elective 
officers  not 
eligible  to 
other  offices, 
etc. 


Vacancies. 


Vacancy  in 

school 

committee. 


Failure  to 
qualify,  etc., 
to  create  a 
vacancy. 


No  elective  officer  shall,  during  the  term  for  which  he 
was  chosen,  be  eligible,  either  by  appointment,  or  by  elec- 
tion by  the  city  council,  or  by  the  school  committee,  to  any 
office  other  than  that  for  which  he  was  chosen,  the  salary 
of  which  is  payable  by  the  city,  or  shall  during  such  term 
hold  any  such  other  office. 

Section  7.  If  for  any  reason  whatsoever  a  vacancy 
occurs  in  the  city  council,  whether  as  to  the  mayor  or  one 
or  more  of  the  other  supervisors,  the  city  council  shall  by 
its  remaining  members  call  a  special  city  election  to  fill 
the  vacancy  or  vacancies  for  the  unexpired  term  or  terms, 
respectively,  and  this  shall  be  repeated  from  time  to  time 
as  often  as  may  be  necessary,  except  that  if  such  vacancy 
or  vacancies  occur  less  than  four  months  prior  to  any  city 
election,  the  vacancy  or  vacancies  shall  remain  unfilled  until 
the  date  of  such  election  and  the  work  may,  at  the  discretion 
of  the  council,  be  apportioned  by  the  council  among  the 
remaining  supervisors  without  extra  compensation. 

Section  8.  If  a  vacancy  occurs  in  the  school  committee 
for  any  reason  whatsoever,  the  office  shall  remain  vacant 
until  the  next  municipal  election,  when  it  shall  be  filled  for 
the  unexpired  term. 

Section  9.  A  vacancy  shall  exist  when  an  elective  officer 
fails  without  good  cause  to  qualify  within  thirty  days  after 
notice  of  his  election,  dies,  resigns,  removes  from  the  city, 
absents  himself  continuously  therefrom  for  three  months,  is 
convicted  of  a  felony,  or  judicially  declared  a  lunatic,  except 
that  the  removal  of  a  member  of  the  school  committee  from 
one  part  of  the  city  to  another  shall  not  create  a  vacancy 
in  his  office,  neither  shall  a  change  of  district  boundaries. 


Powers  of 
city  founcil. 


THE   CITY   COUNCII.. 

Section  10.  The  city  council  shall  have  and  pos.sess,  and 
the  city  council  and  its  members  shall  exercise  all  the  legis- 
lative powers  of  the  city,  except  as  such  powers  are  hertMu- 
after  reserved  to  the  school  committee  and  to  the  qualified 
voters  of  the  city,  and  the  city  council  and  its  members 
severally  or  collectively,  as  hereinafter  pro\ided,  shall  hn\e, 
possess  and  shall,  them.seh'es  or  through  such  officers  as  they 
may  elect  or  appoint,  exercise  all  the  other  })owers,  rights 
and  duties  had,  posses.sed,  and  exercised,  immediately  ])rior 
to  the  ado])tion  of  this  act,  by  the  mayor,  board  of  alder- 
men, coniinon  council,  the  board  of  health,  and  all   other 


Acts,  1911.  — Chap.  531.  525 

boards,  commissions  and  committees  of  the  city  and  their 
members,  severally  or  collectively,  except  such  as  are  herein 
conferred  upon  the  school  committee. 

Section  11.     The  city  council  shall  be  the  final  judge  of  ,^"ns'for" 
the  election  and  qualification  of  all  elective  officers  of  the  °^^^- 
city,  and  shall  determine  its  own  rules  of  procedure  except 
as  otherwise  herein  specified. 

Section  12.  The  city  council  shall  prescribe  the  time  and  ^g*^*'"^^' 
place  of  its  meetings  and  the  manner  in  which  special  meet- 
ings thereof  may  be  called.  The  city  clerk  shall  be  the  clerk 
of  the  city  council,  and  shall  sign  and  attest  all  measures 
passed  by  the  city  council :  provided,  that  any  supervisor  may.  Proviso. 
in  case  of  need,  upon  authorization  by  the  city  council,  per- 
form this  duty.  A  majority  of  all  the  members  shall  con- 
stitute a  quorum  to  do  business,  but  a  less  number  may 
adjourn.  The  city  council  shall  sit  with  open  doors  at  all 
legislative  sessions,  and  shall  keep  a  journal  of  its  proceed- 
ings, which  shall  be  a  public  record. 

Section  13.     The  city  council  shall,  at  its  first  meeting  officers  to 
under  this  act,  or  as  soon  as  practicable  thereafter,  and  as  by  the  city 
vacancies  may  thereafter  occur,  elect,  by  a  majority  vote  of  ''°^°'^'  • 
all  the  members  of  the  city  council,  the  following  officers: 
a  city  treasurer  and  a  city  collector  of  taxes  each  for  one 
year;  a  city  clerk,  city  solicitor,  and  a  city  auditor,  each  for 
tliree  years. 

In  the  same  manner  the  city  council  shall  elect  three  city 
assessors,  one  for  three  years,  one  for  two  years,  and  one  for 
one  year;  and  shall  thereafter  fill  the  place  of  each  city 
assessor  whose  term  expires  by  electing  his  successor  for 
three  years;  or  in  case  of  a  vacancy  occurring  before  the 
expiration  of  the  term  of  any  city  assessor,  a  person  to  serve 
until  the  expiration  of  such  term. 

In  the  same  manner  the  city  council  shall  elect  a  registrar 
of  voters  for  four  years  in  place  of  each  registrar  whose  term 
expires;  or  in  case  of  a  vacancy  occurring  before  the  expira- 
tion of  the  term  of  any  registrar,  a  person  to  serve  until  the 
expiration  of  such  term. 

The  city  council  shall  also  elect  in  similar  manner  any 
other  officers  necessary  for  the  proper  and  efficient  conduct 
of  the  affairs  of  the  city,  whose  election  by  the  city  council 
shall  be  provided  for  by  ordinance. 

Section  14.     The  officers  provided  for  in  section  thirteen  Regulations. 
of  this  act  shall  be  subject  to  such  regulations  as  the  city 
council   may  adopt  in  so  far  as  said  regulations  do  not 


526 


Acts,  1911.  — Chap.  531. 


Compensation 

not  to  be  in- 
creased, etc. 


Legislative 

sessions, 

etc. 


Enacting 
clause  of 
ordinances. 


Proposed 
ordinances 
to  he 
published. 


conflict  with  the  duties  of  said  ofl^cers  as  prescribed  by 
law. 

The  compensation  of  these  officers  shall  be  fixed  by  the 
city  council. 

Section  15.  No  member  of  the  city  council  shall  be 
elected  or  appointed  to  any  office,  position,  or  employment, 
the  compensation  of  which  was  increased  or  fixed  by  the  city 
council  while  he  was  a  member  thereof,  until  after  the  expira- 
tion of  one  year  from  the  date  when  he  ceased  to  be  such 
a  member. 

Section  16.  (a)  In  legislative  session,  the  city  council 
shall  act  by  ordinance,  resolution,  order  or  vote. 

(6)  The  ayes  and  nays  shall  be  taken  upon  the  passage  of 
all  ordinances  and  resolutions,  and  entered  upon  the  journal 
of  its  proceedings.  Upon  the  request  of  any  member,  the 
ayes  and  nays  shall  be  taken  and  recorded  upon  any  order 
or  vote.  Every  ordinance,  resolution,  order  or  vote  passed 
by  the  city  council  shall,  except  as  is  provided  in  section 
twelve  of  this  act,  require  on  final  passage  the  affirmative 
vote  of  a  majority  of  all  the  members  of  the  city  council. 

(c)  No  ordinance  shall  be  passed  finally  on  the  date  on 
which  it  is  introduced,  except  in  cases  of  special  emergency, 
for  the  preservation  of  the  public  peace,  health  or  safety. 

(d)  No  ordinance  shall  be  regarded  an  emergency  measure 
unless  the  emergency  is  defined  and  declared  in  a  preamble 
thereto  separately  voted  on  and  receiving  the  affirmative 
vote  of  four  members  of  the  city  council. 

(e)  No  ordinance  making  a  grant,  renewal  or  extension, 
whatever  its  kind  or  nature,  of  any  franchise  or  special  privi- 
lege shall  be  passed  as  an  emergency  measure,  and  no  such 
grant,  renewal  or  extension  shall  be  made  otherwise  than  by 
ordinance. 

(/)  The  enacting  clause  of  all  ordinances  passed  by  the 
city  council  shall  be  in  these  words:  —  Be  it  ordained  by  the 
city  council  of  the  city  of  Cambridge. 

Section  17.  Every  proposed  ordinance  or  loan  order, 
except  emergency  measures  as  defined  in  section  sixteen  of 
this  act,  shall  be  published  once  in  full  in  at  least  two  news- 
papers of  the  city,  or  in  any  dift'erent  or  additional  manner 
that  may  be  provided  by  ordinance,  at  least  ten  days  before 
its  final  passage.  After  such  final  passage,  it  shall,  in  the 
same  manner  as  before,  again  be  published  once,  as  amended 
and  com])leted,  except  in  tlie  case  of  an  emergency  ordinance 
which  may  be  i)asscd  as  liereinbefore  proxided,  and  which 


Aci\s  ]  Oil.  — Chap.  r>'M.  527 

shall  take  oiroct  iij)()n  its  ])iissage  and  shall  be  so  published 
at  the  earliest  possible  moment. 

Section  18.     No  ordinance  passed  by  the  city  council,  ta^nK^efiect 
except  an  emergency  ordinance,  shall  take  effect  until  twenty  of  ordinances. 
days  after  its  final  passage  and  subsequent  ])ublication. 

Section  19.     No   ordinance  or  section   thereof  shall   be  Amcnd- 
amended    or   repealed    except   by    an    ordinance   regularly 
adopted. 

SCHOOL   COMMITTEE. 

Section  20.     The  school  committee  shall  perform  all  such  School 

,       .  ,  ,         ,  •,  J  •       J  •  '111  committee, 

duties  as  the  school  committee  in  towns  is  required  by  law  powers  and 
to  perform.  It  shall  have  supervision  and  control  of  the  "  '^^'  ^  *^" 
public  library,  and  shall  have,  possess  and  exercise  all  the 
powers,  rights  and  duties  had,  possessed  and  exercised  by 
the  trustees  of  the  public  library  immediately  prior  to  the 
adoption  of  this  act.  It  shall  have  supervision  and  control 
of  all  school  buildings  and  grounds,  of  the  buildings  and 
grounds  of  the  public  library,  and  of  the  public  playgrounds 
of  the  city.  It  shall  have  power  to  care  for  the  health  of 
all  school  children,  and  for  that  purpose  to  employ  physi- 
cians and  nurses  and  to  provide  such  supplies  as  it  may 
deem  necessary.  It  shall  have  power  to  provide  instruc- 
tion and  entertainment  and  to  permit  public  meetings  in 
the  buildings  and  grounds  under  its  control,  outside  of  school 
hours,  for  adults  as  well  as  for  children.  It  shall  keep  in 
repair  and  maintain  the  buildings  and  grounds  under  its 
control;  but  it  shall  not  be  required  to  restore  any  building 
under  its  control  when  damaged  or  destroyed  by  fire,  explo- 
sion or  other  unavoidable  casualty. 

For  the  maintenance  of  the  schools  and  the  public  library  Appropria- 
and  for  the  carrying  out  of  its  other  powers  as  above  set  maintenance 
forth,   it  may  appropriate  and  expend,  from  the  moneys  etc!'  "" ''' 
raised  by  taxation,  five  dollars  and  seventy-five  cents  on 
each  one  thousand  dollars  of  taxable  property  of  the  city, 
to  be  estimated  by  taking  the  average  amount  of  taxable 
property  during  the  three  preceding  years:    inomdcd,  that  Proviso, 
not  more  than  five  dollars  on  each  one  thousand  dollars  of 
taxable  property  shall  be  expended  for  the  maintenance  of 
schools,  and  not  more  than  seventy-five  cents  on  each  one 
thousand  dollars  of  taxable  property  shall  be  expended  for 
all   purposes   outside  the   powers  of  school   committees  in 
towns.     It  may  in  addition  appropriate  and  expend  in  each 
of  its  departments  any  smns  that  may  accrue  as  revenue 


528 


Acts,  1911.  — Chap.  531. 


of  that  department,  the  income  of  funds  held  by  the  city 
for  the  benefit  of  the  department,  any  sums  that  may  be 
given  for  the  use  of  the  department,  and  any  unexpended 
balance  from  a  previous  year  of  moneys  appropriated  for 
the  department. 


Powers  and 
duties  of 
mayor,  etc. 


ProTiso. 


POWERS  AND   DUTIES   OF  THE   MAYOR. 

Section  21.  The  mayor  shall  be  the  chief  executive 
officer  of  the  city,  supervisor  of  administration  and  presi- 
dent of  the  city  council,  and  shall  preside  at  all  meetings 
at  which  he  is  present.  He  shall  also  when  present  preside 
at  all  joint  conventions  of  members  of  the  city  council  and 
of  the  school  committee. 

(a)  He  shall  see  that  the  laws  of  the  commonwealth,  the 
provisions  of  this  act,  and  the  ordinances,  resolutions,  orders 
and  regulations  of  the  city  are  duly  enforced. 

(b)  He  shall  sign  all  contracts,  bonds  or  other  instruments 
requiring  the  assent  of  the  city,  and  shall  take  care  that  the 
provisions  of  the  same  are  duly  executed.  All  legal  processes 
against  the  city  shall  be  served  upon  the  mayor  or  acting 
mayor. 

(c)  He  shall  have  the  right  to  vote  on  all  questions  coming 
before  the  city  council,  but  shall  huxe  no  power  of  veto. 

(f/)  He  shall  have  such  other  duties,  rights  and  powers 
as  may  be  provided  by  ordinance,  not  in  conflict  with  this 
act. 

(c)  During  the  absence  or  inability  of  the  mayor  to  act, 
the  supervisor  of  finance  shall,  as  acting  mayor,  assume  the 
duties  and  exercise  all  the  rights  and  powers  of  the  mayor: 
jnovided,  that,  in  the  absence  or  inability  so  to  act  of  the 
supervisor  of  finance  the  city  council  may  select  another 
from  their  number  to  perform  the  duties  of  acting  mayor. 


Executive 
and  admin- 
istrative 
divisions  of 
the  city  gov- 
ernment. 


EXECUTIVE   AND   ADMINISTRATIVE   DIVISIONS. 

Section  22.  The  executive  and  administrative  jjowers, 
authority  and  duties  of  the  city,  not  cxi)rcssly  reserved  to 
the  school  connnittee,  shall  be  distributed  among  five 
divisions  as  follows: 

I.     Administration. 
H.     Finance. 
HI.     Health. 
IV.     Public  Works. 
V.     I'ublic  Property. 


Acts,  1911.  — Chap.  531.  529 


The  city  council  shall  determine  the  policies  to  be  pursued 
and  the  work  to  be  undertaken  in  each  di^'ision,  l)ut  each 
supervisor  shall  have  full  power  to  carry  out  the  policies  or 
to  have  the  work  performed  in  his  division  as  directed  by 
the  city  council. 

Section  23.     The  supervisor  of  administration  shall  be  Administra- 
ex  officio  mayor  and  the  chief  executive  officer  of  the  city,  city  govem- 
He  shall  have  supervision  of  the  police  and  fire  departments,  ™°'^^' 
of  weights  and  measures,   of  any  other  city  business  not 
otherwise  provided  for  in  this  act  or  by  ordinance,  and  shall 
have  the  further  powers  and  discharge  the  further  duties 
elsewhere  in  this  act  assigned  to  him.     His  part  of  the  city 
administration  so  far  as  it  dift'ers  from  that  of  the  other 
supervisors  shall  be  included  under  the  designation  of  the 
division  of  administration. 

Section  24.  The  supervisor  of  finance  shall  have  super-  Finances, 
vision  over  the  estimates  of  the  probable  expenditiu'es  of  ^^'^' 
the  city  government  for  each  fiscal  year;  over  the  collection 
of  all  revenues  of  the  city;  over  the  several  city  sinking 
funds;  over  the  purchase  of  all  city  supplies,  except  those 
purchased  under  the  authority  of  the  school  committee; 
over  all  city  printing;  and  in  general  over  all  financial 
affairs  of  the  city  for  which  provision  is  not  otherwise  made 
herein. 

Section  25.     The  supervisor  of  health  shall  have  super-  iieaith 
vision  over  public  health,  city  hospitals,  care  of  the  poor,    ^"'*'^  ^^^ ' 
including  outside  aid  and  the   city  home,   soldiers'   relief, 
military   and    state   aid,    inspection   of   milk   and   vinegar, 
inspection  of  animals,  collection  of  garbage,  and  the  work  of 
the  city  physician. 

Section  26.     The  supervisor  of  public  works  shall  have  PuWic 
supervision    of    streets,    sidewalks,    parks,    street    lighting,  ^°^  ^' 
street  watering,   collection   of  ashes,   public  water  supply, 
sewers,  bridges,  electrical  affairs,  inspection  of  wires,  and 
engineering. 

Section  27.     The  supervisor  of  public  property  shall  have  PubHc 
supervision  of  the  inspection,  construction  and  maintenance  p^''^'^''  ^■ 
of  public  buildings,  except  the  maintenance  of  school  build- 
ings and  school  grounds,  of  building  laws  and  the  inspection 
of  buildings,  and  of  cemeteries. 

Section  28.     All   executive   and   administrative  powers,  Administra- 
authority  and  duties,   not  otherwise  provided  for  in  this   '^®p°^^^^- 
act,   may  be  assigned  to  a  suitable  division  by  the  city 
council  by  ordinance,  and  changes  in  the  assignments  made 


530 


Acts,  1911.  — CuAr.  531. 


Heads  of 
departments. 


Records, 
etc. 


Fiscal  year. 


Estimates  of 

approijria- 

tions. 


Same 
subject. 


in  this  act  may  be  made  by  ordinance  by  the  affirmative 
vote  of  four  members  of  the  city  council,  or  by  the  people 
upon  initiative  petition  as  hereinafter  provided. 

Section  29.  Each  supervisor  shall,  except  as  is  other- 
wise provided  in  section  thirteen  of  this  act,  appoint  a  quali- 
fied person  to  serve  as  the  head  of  each  of  the  departments 
within  his  division  and  may  remove  him  at  any  time  for 
cause  stated  in  the  order  for  removal.  The  employees  in 
each  department  shall  be  appointed  and  removed  by  the 
head  of  that  department.  Nothing  in  this  section  shall  in 
any  way  change  the  laws  governing  the  civil  service. 

Section  30,  Each  of  said  supervisors  shall  keep  a  record 
book  in  which  shall  be  recorded  a  brief  but  clear  and  com- 
prehensive record  of  all  affairs  of  the  division  under  his  charge 
as  soon  as  performed  and  shall  quarterly  render  to  the  city 
council  a  full  report  of  all  operations  of  such  division  and 
shall  annually,  and  oftener  if  required  b}'  the  city  council, 
make  a  synopsis  thereof  for  publication.  All  such  records 
shall  be  open  for  jiublic  inspection.  The  city  council  shall 
provide  for  the  publication  of  such  annual  or  other  reports, 
and  of  such  parts  of  the  quarterly  reports,  or  of  such  other 
information  regarding  city  affairs  as  it  may  deem  advisable. 

Section  31.  The  fiscal  year  of  the  city  shall  commence 
on  the  first  INlonday  in  April  succeeding  the  general  municipal 
election,  and  continue  till  the  first  IMonday  in  April  of  the 
calendar  year  following. 

Section  32,  On  or  before  the  first  day  of  February  of 
each  year,  the  supervisors  shall  send  to  the  super^•isor  of 
finance  a  careful,  detailed  estimate  in  writing  of  the  a])pro- 
priations  required  for  the  business  and  proper  conduct  of 
their  respective  divisions  during  the  next  ensuing  fiscal  year. 

Section  33.  On  or  before  the  fifteenth  day  of  February 
in  each  year,  the  supervisor  of  finance  shall  submit  to  the 
city  council  an  estimate  of  the  probable  expenditure  of 
the  city  government  for  the  next  ensuing  fiscal  year,  stating 
the  amount  retpiired  to  meet  the  interest  and  maturing  bonds 
of  the  outstanding  indebtedness  of  the  city,  and  showing 
specifically  the  amount  necessary  to  be  pro\ided  for  each 
fund  and  department;  also  an  estimate  of  the  amoimt  of 
income  from  all  other  sources  of  re^'enue,  exclusi\e  of  taxes 
upon  ])roperty,  and  the  jirobable  amount  recpiired  to  be 
le\'ied  and  raised  by  taxation  to  defray  all  expenses  and 
liabilities  of  the  city. 


Acts,  1911.  — Chap.  531.  531 

The  city  council  shall  thereupon  determine  the  sum  to  be 
raised  by  taxation  and  make  the  appropriations  in  detail  for 
the  next  ensuing  fiscal  year. 

Section  34,     Every  supervisor  shall,  before  he  enters  upon  oath  of 
the  duties  of  his  office,  qualify  by  being  sworn  by  a  judge  of 
a  court  of  record  in  the  commonwealth  to  the  faithful  per- 
formance of  his  duties. 

ELECTIONS. 

Section  35.  A  municipal  election  shall  be  held  in  the  Municipal 
city  on  the  first  Tuesday  after  the  second  Monday  in  Decem- 
ber, nineteen  hundred  and  eleven,  and  on  the  first  Tuesday 
after  the  second  Monday  in  December  in  every  year  there- 
after, which  shall  be  known  as  the  general  municipal  elec- 
tion. All  other  municipal  elections  that  may  be  held  shall 
be  known  as  special  municipal  elections. 

Section  3G.     The  mode  of  nomination  and  election  of  all  jfondnltion 
elective  officers  of  the  city  to  be  voted  for  at  any  municipal  etc. 
election   shall   be   as   provided  in  this  act   and   not   other- 
wise. 

Section  37.     The  name  of  the  candidate  shall  be  printed  I^''i"!i'!ff"^ 
upon  the  ballot,  when  a  petition  of  nomination  shall  have  candidates. 
been  filed  in  his  behalf  in  the  manner  and  form  and  under 
the  conditions  hereinafter  set  forth. 

Section  38.     The  petition  of  nomination  for  each  candi-  ,^omin"tion*. 
date  shall  be  signed  by  not  less  than  fifty  qualified  voters  of 
the  city  either  on  individual  certificates  in  form  substan- 
tially as  follows  or  on  joint  papers  to  the  same  purport :  — 


petition  of  nomination. 
Individual  Certificate. 

Commonwealth   of   Massachusetts,    County   of   Middlesex, 
City  of  Cambridge,  ss. 
I  do  hereby  join  in  a  petition  for  the  nomination  of 

whose  residence  is  at  No. 
Street,    Cambridge,    for    the    office    of 
to  be  voted  for  at  the  municipal 
election  to  be  held  in  the  city  of  Cambridge,  on  the 

day  of  ,19  ;  and  I  certify 

that  I  am  qualified  to  vote  for  a  candidate  for  said  office, 
and  am  not  at  this  time  a  signer  of  any  other  certificate 


532 


Acts,  1911.  — Chap.  531. 


Forms  (o  be 
furnished. 


Certificates. 


Time  of 

presenting 

petitions. 


Examination 
of  petition. 


nominating  any  other  candidate  for  the  above  named  office; 
that  my  residence  is  at  No.  Street, 

Cambridge. 

(Signed) 
Witness : 

(Signed) 
Residence  of  witness: 

No.  Street,  Cam])ridge. 

The  petition  of  nomination,  of  wliich  this  certificate  forms 
a  part,  shall,  if  found  insufficient,  be  returned  to 

at  No. 
Street,  Cambridge. 

Section  39.  It  shall  be  the  duty  of  the  city  clerk  to 
furnish  upon  application,  a  reasonable  number  of  forms  of 
such  individual  certificates,  or  joint  nomination  petitions, 
and  of  acceptances  of  nomination. 

Section  40.  Each  certificate  shall  be  a  separate  paper. 
All  certificates  shall  be  of  uniform  size  as  determined  by  the 
city  clerk.  Each  certificate  shall  contain  the  name  and  sig- 
nature of  one  signer  thereof  and  no  more.  Each  certificate 
shall  contain  the  name  of  one  candidate  and  no  more.  In  case 
a  voter  has  signed  two  or  more  conflicting  petitions  only  that 
one  of  his  conflicting  signatures  which  was  included  in  the 
petition  first  presented  to  the  city  clerk,  as  provided  in  sec- 
tion forty-one  of  this  act,  shall  be  valid.  Each  witness  may 
be  any  qualified  voter  of  Cambridge  except  the  candidate 
named  in  the  certificate. 

Section  41.  Petitions  of  nomination  shall  be  presented 
to  the  city  clerk  not  earlier  than  thirty  nor  later  than  twenty 
days  before  the  election.  The  city  clerk  shall  endorse  on 
each  petition  the  date  upon  which  it  was  presented  to  him, 
and  by  whom  it  was  presented.  All  papers  constituting  a 
petition  of  nomination  shall  be  presented  to  the  city  clerk 
at  one  time,  except  as  is  provided  in  section  forty-two  of 
this  act. 

Section  42.  When  a  petition  of  nomination  is  presented 
to  the  city  clerk  for  filing,  he  shall  forthwith  examine  the 
same  and  ascertain  whether  it  conforms  to  the  provisions  of 
this  act.  If  found  not  to  conform  thereto,  he  shall  then 
and  there  in  writing  on  said  petition  state  the  reason  why 
such  petition  caimot  be  filed,  and  shall  within  three  days 
retiuMi  the  j)etition  to  the  person  named  therein  as  the  per- 
son to  whom  it  shall  be  returned.     The  petition  may  then  be 


Acts,  1911.  — Chap.  531.  533 

amended  and  again,  but  not  later  than  three  days  after  said 
petition  shall  have  been  returned,  presented  to  the  city  clerk, 
as  in  the  first  instance.  The  city  clerk  shall  forthwith  pro- 
ceed to  examine  the  amended  petition  as  hereinbefore 
provided. 

Section  43.     If  either  the  original  or  the  amended  peti-  '^'''."/^"^ 

X  petition. 

tion  of  nomination  be  founfl  sufficiently  signed  and  witnessed 
as  hereinbefore  provided,  the  city  clerk  shall  file  the  same 
forthwith:  provided,  that  no  petition,  amended  or  otherwise,  Proviso. 
shall  be  presented  later  than  twenty  days  before  the  election. 

Section  44.  Any  person  nominated  under  this  article  Acceptance, 
shall  file  his  acceptance,  his  signature  thereto  witnessed  by 
a  qualified  voter  of  Cambridge,  with  the  city  clerk  not  later 
than  twenty  days  before  the  day  of  election,  and  in  the 
absence  of  such  acceptance  the  name  of  the  candidate  shall 
not  appear  on  the  ballot. 

Section  45.     The  acceptance  mentioned  in  the  preceding  Form  of 
section  shall  be  substantially  in  the  following  form:  '^"^''^  '"^*'^' 

Commonwealth  of  Massachusetts,  County  of  Middlesex,  City 
of  Cambridge,  ss. 
I  having    heretofore    been 

nominated  for  the  office  of  in  the  city  of 

Cambridge,  to  be  voted  for  at  the  municipal  election  to  be 
held  in  said  city  on  the  day  of  , 

19  ,  do  hereby  accept  the  said  nomination,  and  I  hereby 
declare  that  I  am  a  qualified  voter  of  said  city,  that  my 
residence  is  at  No.  Street,  Cambridge, 

and  that  1  have  not  become,  and  am  not  a  candidate  for  any 
other  office  to  be  voted  for  at  said  election. 

Signed 
Witness : 
Signed 
Residence  of  witness: 

No.  Street,  Cambridge. 

Section  46.     The  city  clerk  shall  preserve  in  his  office  for  Petitions  to 
a  period  of  four  years  from  the  time  of  the  respective  filing  "^^  p'"'''^^''^'^  • 
of  the  same,  all  petitions  of  nomination,  and  all  certificates, 
acceptances,  and  memoranda  belonging  thereto,  filed  under 
this  act,  but  shall  thereafter  destroy  the  same. 

Section  47.     The  citv  clerk  shall,  not  later  than  the  fif-  Certification 

.  ,         .  .  11'  (.  of  candidates. 

teenth  day  before  every  city  election,  certify  the  list  of  can- 
didates, with  their  residences,  whose  names  are  entitled  to 


534 


Acts,  1911.  — Chap.  531. 


Preparation, 
etc.,  of 
ballots. 


Form  of 
ballots. 


Instructions. 


appear  on  the  ballot,  as  being  the  list  of  candidates  nominated 
as  required  by  this  act,  together  with  the  offices  for  which 
they  are  respectively  candidates  at  such  election,  designat- 
ing whether  such  election  is  for  a  full  or  for  an  unexpired 
term;  and  he  shall  file  in  his  office  said  certified  list  of 
names  and  offices,  and  he  shall  cause  to  be  pul)lished  be- 
fore such  election,  in  two  successi\e  issues  of  at  least  two 
newspapers  of  general  circulation  i)ul)lished  in  the  city  of 
Cambridge,  or  in  any  different  or  additional  manner  that 
may  be  provided  by  ordinance,  an  election  notice  which  shall 
contain  said  certified  list  of  names  of  candidates  and  offices 
to  be  filled,  and  the  time  and  the  places  of  holding  such 
election. 

Section  48.  The  city  clerk  shall  cause  ballots  for  each 
general  and  special  municipal  election  to  be  prepared,  printed, 
and  authenticated  as  provided  by  the  constitution  and  laws 
of  the  commonwealth,  except  as  is  otherwise  required  by 
this  act.  The  ballots  shall  contain  the  full  list  and  correct 
names  of  all  the  offices  to  be  filled,  and  the  names  and  resi- 
dences, of  all  the  candidates  nominated  respectively  therefor. 

Section  49.  Except  that  the  crosses  here  shown  shall  be 
omitted,  and  that  in  place  of  the  names  and  offices  here 
shown  shall  be  substituted  the  names  and  residences  of  the 
actual  candidates  and  the  offices  for  which  they  are  respec- 
tively nominated,  the  ballots  shall  be  in  substantially  the 
following  form: 

General  (or  special)  municipal  election,  city  of  Cambridge. 
(Inserting  date  thereof.) 

Instructions.  —  To  vote  for  any  person,  make  a  cross  (X) 
in  the  square  in  the  appropriate  column  according  to  your 
choice,  at  the  right  of  the  name  voted  for.  A'ote  your  first 
choice  in  the  first  column;  vote  your  second  choice  in  the 
second  column;  vote  in  the  third  column  for  all  the  other 
candidates  whom  you  wish  to  sui)])ort;  vote  only  one  first 
choice  and  only  one  second  choice  for  any  one  office.  Do 
not  vote  more  than  one  choice  for  one  ])crson,  as  only  one 
choice  will  count  for  anv  one  caiulitlate  bv  this  ballot. 

If  you  wrongly  mark,  tear,  or  deface  this  ballot,  return  it, 
and  obtain  another. 


Acts,  1911.  — Chap.  531. 


535 


First 
Choice. 

Second 
Choice. 

other 
Choices. 

For  Supervisor  of  Administration. 

Richard  Roe, 

X 

James  Iloe, 

X 

John  Doe, 

X 

Henry  Foe, 

X 

Louis  Coe, 

For  Supervisor  of  Finance. 

Frank  Smith, 

X 

Harry  Jones, 

X 

Fred  Brown, 

For  Supervisor  of  Health. 

Hiram  Black, 

X 

Robert  White, 

Section  50.     One  space  shall  be  left  below  the  printed  ^i^"'^ 
names  of  the  candidates  for  each  office  to  be  voted  for,  wherein  baiiot. 
the  voter  may  write  the  name  and  residence  of  any  person 
for  whom  he  may  wish  to  vote. 

Section  51.  The  names  and  residences  of  candidates  Printing  of 
for  the  same  office  shall  be  printed  on  the  ballot  in  the  order  ^^tdates. 
in  which  they  may  be  drawn  by  the  city  clerk,  whose  duty  it 
shall  be  to  make  such  drawing  and  to  give  each  candidate 
an  opportunity  to  be  present  thereat  personally  or  by  one 
representative.  Nothing  on  the  ballot  shall  be  indicative  of 
the  source  of  the  candidacy  or  of  the  support  of  any  candi- 
date. No  ballot  shall  have  printed  thereon  any  party  or 
political  designation  or  mark,  and  there  shall  not  be  appended 
to  the  name  of  any  candidate  any  such  party  or  political  desig- 
nation or  mark,  or  anything  indicating  his  views  or  opinions. 
There  shall  also  appear  on  the  ballot  all  questions  required  by 
law,  or  by  this  act,  to  be  submitted  to  a  vote  of  the  qualified 
voters  of  the  city. 


536 


Acts,  1911.  — Chap.  531. 


Sample 
ballots. 


Counting  of 
ballots,  etc. 


Person  receiv- 
iii<.;  :i  iiiujority 
ot  lirst-clioicc 
votes  to  be 
ele(!te(l. 

Provisos. 


Section  52.  The  city  clerk  shall,  at  least  ten  days  before 
the  election,  cause  to  l)e  printed  a  sufficient  number  of  sample 
ballots,  upon  paper  of  different  color  but  otherwise  identical 
with  the  ballot  to  be  used  at  the  election,  and  shall  distribute 
the  same  to  registered  voters  at  his  office. 

Section  53.  As  soon  as  the  polls  are  closed,  the  precinct 
officers  shall  immediately  open  the  ballot  boxes,  take  there- 
from and  count  the  ballots  in  public  view,  and  enter  the  total 
number  thereof  on  the  tally  sheet  provided  therefor  by  the 
city  clerk.  They  shall  also  carefully  enter  the  number  of 
the  first-choice,  second-choice  and  other-choice  votes  for  each 
candidate  on  said  tally  sheet  and  make  return  thereof  to  the 
city  clerk  as  provided  by  law. 

Only  one  vote  shall  be  counted  for  any  candidate  on  any 
one  ballot,  all  but  the  highest  of  two  or  more  choices  on  one 
ballot  for  one  and  the  same  candidate  being  void. 

If  two  and  not  more  choices  for  any  one  office  are  voted 
in  the  first-choice  column  on  any  one  ballot,  they  shall  both 
be  counted  as  second-choices,  and  all  other  choices  voted  on 
that  ballot  for  that  office  shall  be  counted  as  other-choices. 

If  three  or  more  choices  for  any  one  office  are  voted  in 
the  first-choice  column  on  any  one  ballot,  all  choices  voted 
on  that  ballot  for  that  office  shall  be  counted  as  other-choices. 
'  If  two  or  more  choices  for  any  one  office  are  voted  in 
the  second-choice  column  on  any  one  ballot,  they  shall  be 
counted  as  other-choices. 

P^xcept  as  hereinbefore  provided  all  choices  shall  be 
counted  as  marked  on  the  ballot. 

The  city  clerk  shall  then  determine  the  successful  candi- 
dates as  hereinafter  provided  in  this  section. 

The  person  receiving  a  majority,  as  hereinafter  in  this 
section  defined,  of  first-choice  votes  cast  at  an  election  for 
any  office  shall  be  elected  to  that  office:  provided,  that  if 
no  candidate  shall  receive  such  a  majority  of  the  first-choice 
votes  for  such  office,  then  a  canvass  shall  be  made  of  the 
second-choice  votes  received  by  each  candidate  for  the  office; 
said  second-choice  votes  shall  then  be  added  to  the  first- 
choice  votes  received  by  each  candidate  for  the  ofHcc,  ami 
the  candidate  receiving  the  largest  number  of  said  first- 
choice  and  second-choice  votes  combined,  if  such  votes 
constitute  a  majority,  shall  be  elected  thereto;  and  provided, 
further,  that  if  no  candidate  shall  have  such  a  majority 
after  adding  the  first-clioicc  and  second-choice  votes,  tlu^n 
a  canvass  shall  be  made  of  the  other-choice  votes  receixcd 


Acts,  1911.  — Chap.  531.  537 

by  each  candidate  for  the  office;  said  other-choice  votes 
shall  then  be  added  to  the  first-choice  and  the  second-choice 
votes  received  by  each  candidate  for  the  office,  and  the 
candidate  having  the  largest  number  of  first-choice,  second- 
choice  and  other-choice  votes  combined  shall  be  elected 
to  such  office. 

A  tie  between  two  or  more  candidates  shall  be  decided 
in  favor  of  the  one  having  the  largest  number  of  first-choice 
votes.  If  all  are  equal  in  that  respect,  then  the  candidate 
having  the  largest  number  of  second-choice  votes  shall  be 
elected.  If  this  will  not  decide,  then  the  result  shall  be 
determined  by  lot  under  the  direction  of  the  city  clerk. 

Whenever  the  word  "majority"  is  used  in  this  section 
it  shall  mean  more  than  one  half  of  the  total  number  of 
first-choice  votes  for  the  office  in  question  cast  at  such 
election. 

Section  54.  To  cover  the  cost  of  special  municipal  fjfe^tar**^ 
elections  provided  for  in  this  act,  the  city  council  shall  elections. 
appropriate  at  the  time  of  issuing  the  warrants  for  such 
elections  such  sums  as  are  necessary,  the  same  to  be  taken 
from  any  unexpended  balances  at  the  end  of  the  fiscal  year, 
or  carried  forward  as  a  deficit  to  the  next  year  and  then 
cared  for  by  a  special  appropriation. 

Section  55.  The  term  "qualified  voter",  wherever  it  T^^nfied 
occurs  in  sections  thirty-five  to  fifty-four,  both  inclusive,  Y^f^''". 
of  this  act,  means  a  voter  qualified  by  law  and  by  section 
four  of  this  act  to  vote  for  candidates  for  the  office  named 
in  the  petition  of  nomination  or  acceptance  of  nomination 
in  which  their  names  occur,  except  that  witnesses  may  be 
residents  of  any  part  of  the  city. 

RECALL  OF  ELECTIVE  OFFICERS. 

Section  56.    Any  holder  of  an  elective  office  may  be  Recall, 
recalled  and  removed  therefrom  by  the  qualified  voters  of 
the  city  as  herein  provided. 

Section  57.     Any  qualified  voter  of  the  city  may  make  Piling  of 
and  file  with  the  city  clerk  an  affidavit  containing  the  name  c<^Mrning 
of  the  officer  sought  to  be  removed  and  a  statement  of  the  ^'''^''"■ 
grounds  of  removal.     The  city  clerk  shall  thereupon  deliver 
to  the  voter  making  such  affidavit,  a  sufficient  number  of 
copies  of  petition  blanks  for  such  recall  and  removal,  printed 
forms  of  which  he  shall  keep  on  hand.     Such  blanks  shall 
be  issued  by  the  city  clerk  with  his  signature  and  official  seal 


538  Acts,  1911.  — Chap.  531. 

thereto  attached;  they  shall  be  dated  and  addressed  to  the 
city  council,  shall  contain  the  name  of  the  person  to  whom 
issued,  the  number  of  blanks  so  issued,  the  name  of  the 
person  sought  to  be  removed,  the  office  from  which  such 
removal  is  sought,  the  grounds  of  removal  as  stated  in  said 
affidavit,  and  shall  demand  the  election  of  a  successor  to 
such  office.  A  copy  of  the  petition  shall  be  entered  in  a 
record  book  to  be  kept  in  the  office  of  the  city  clerk.  Said 
recall  petition  shall  be  returned  and  filed  with  said  city 
clerk  within  thirty  days  after  the  filing  of  the  affidavit. 
Said  petition  before  being  returned  and  filed,  shall  be  signed 
by  qualified  voters  equal  in  number  to  at  least  twenty-five 
per  cent  of  the  first-choice  votes  cast  for  all  the  candidates 
for  the  office  from  which  it  is  sought  to  recall  the  incimibent 
at  the  next  preceding  election  when  said  office  was  filled, 
and  to  every  such  signature  shall  be  added  the  place  of 
residence  of  the  signer,  giving  the  street  and  number.  Such 
signatures  need  not  all  be  on  one  paper.  One  of  the  signers 
of  every  such  paper  shall  make  an  affidavit  thereto  that  the 
statements  therein  contained  are  true,  and  that  each  signa- 
ture appended  to  the  })aper  is  the  genuine  signatiu'c  of  the 
person  whose  name  it  purports  to  be.  All  such  papers  for 
the  recall  of  any  one  officer  shall  be  fastened  together  and 
shall  be  filed  as  one  instrument,  with  the  endorsements 
thereon  of  the  names  and  atldresses  of  three  persons  desig- 
nated as  filing  the  same. 
of'pSition^"  Section  58.  Within  ten  days  after  the  filing  of  said 
petition,  the  city  clerk  shall  ascertain  by  examination 
thereof  and  of  the  registration  books  and  election  returns 
whether  the  petition  is  signed  by  the  requisite  number  of 
cjualified  voters,  and  shall  attach  thereto  his  certificate 
showing  the  result  of  such  examination.  lie  shall,  if  neces- 
sary, be  allowed  extra  help  by  the  c-ity  council. 

If  his  certificate  shows  the  petition  to  be  insufficient, 
he  shall  within  said  ten  days  so  notify  in  writing  one  or 
more  of  the  persons  designated  on  tiie  petition  as  filing 
the  same;  and  the  petition  may  be  amended  by  the  addi- 
tion of  signatures  at  any  time  within  ten  days  after  the 
giving  of  said  notice  by  the  city  clerk.  The  city  clerk  shall, 
witiiin  ten  days  after  such  amendment,  make  like  examina- 
tion of  the  amended  petition,  and  attach  thereto  his  certifi- 
cate of  the  result.  Tf  then  insufficient,  or  if  no  amendment 
was  made,  he  shall  return  the  petition  to  one  of  the  i)ersons 


Acts,  1911.  — Chap.  531.  539 

designated  thereon  as  filing  it,  without  prejudice,  however, 
to  the  filing  of  a  new  petition  for  the  same  purpose. 

Section  59.     If  the  petition  or  amended  petition  shall  be  Petition  for 
found  and  certified  by  the  city  clerk  to  be  sufficient,  he  shall  suimiitted^to 
submit  the  same  with  his   certificate  to  the  city  council  coundii. 
without  delay,   and   the   city   council    shall,   if  the   officer 
sought  to   be  removed   does   not    resign  within   five  days 
thereafter,  thereupon,   order   an  election  to  be  held  on  a 
Tuesday  fixed  by  it,   not  less  than  thirty  nor  more  than 
forty-five  days  after  the  date  of  the  city  clerk's  certificate 
that  a  sufficient  petition  is  filed:    yrovided,  however,  that  if  Proviso. 
any  other  municipal  election  is  to  occur  within  sixty  days 
after  the  date  of  said  certificate,  the  city  council  may,  in 
its  discretion,  postpone  the  holding  of  the  removal  election 
to  the  date  of  such  other  municipal  election.     If  a  vacancy 
occurs  in  said  office  after  a  removal  election  has  so  been 
ordered,  the  election  shall  nevertheless  proceed  as  in  this 
section  provided. 

Section  60.     Any  officer  sought  to  be  removed  may  be  a  officer 
candidate  to  succeed  himself,  and  unless  he  requests  other-  be^mnoved 
wise  in  writing,  the  city  clerk  shall  place  his  name  on  the  "'Jididate 
official  ballot  without  nomination.     The  nomination  of  other  [^J,!'"'^'^''^*'' 
candidates,  the  publication  of  the  warrant  for  such  removal 
election,  and  the  conduct  of  the  same,  shall  all  be  in  accord 
with  the  provisions  of  this  act,  relating  to  elections. 

Section  61.     The  incumbent  shall  continue  to  perform  Thein- 
the  duties  of  his  office  until  the  removal  election.     If  then  continue  in 
re-elected,  he  shall  continue  in  office  for  the  remainder  of  etc."*  ^^ ' ' 
his  unexpired  term,  subject  to  recall  as  before,  except  as 
provided  in  section  sixty-two  of  this  act.     If  not  re-electetl 
in  the  removal  election,  he  shall  be  deemed  removed  upon 
the  qualification  of  his  successor,  who  shall  hold  office  dur- 
ing the  unexpired  term.     If  the  successor  fails  to  qualify 
within  ten  days  after  receiving  notification  of  his  election, 
the  incumbent  shall  thereupon  be  deemed  removed  and  the 
office  vacant. 

Section  62.     No  recall  petition  shall  be  filed  against  any  Time  of 
officer  within  three  months  after  his  election,  nor,  in  the  for  recall. 
ease  of  an  officer  re-elected  in  a  removal  election,  until  three 
months  after  that  election. 

Section  63.     No  person  who  has  been  removed  from  an  officer 
office  by  recall,  or  who  has  resigned  from  such  office  while  to  again 
recall  proceedings  were  pending  against  him,  shall  be  ap-  untii,°etc^ 


540  Acts,  1911.  — Chap.  531. 

pointed  to  any  city  office  within  two  years  after  such  removal 

by  recall  or  such  resignation, 
"q'il^iified  Section  64.     The  term   "qualified   voter",   wherever  it 

deliiLd  occurs  in  sections  fifty-six  to  sixty-three,  both  inclusive,  of 

this  act,  means  a  voter  qualified  by  law  and  by  section  four 

of  this  act  to  vote  for  candidates  for  the  office  from  which  a 

removal  is  sought. 

INITIATIVE   AND   REFERENDUIVI. 

and'r^eflr-  SECTION  65.     A  petition,  meeting  the  requirements  here- 

endum.  inaftcr  provided  and  requesting  the  city  council  to  pass  an 

ordinance,  resolution,  order  or  vote,  or  requesting  the  school 
committee  to  pass  a  resolution,  order  or  vote,  all  of  these 
four  terms  being  hereinafter  included  in  the  term  "meas- 
ure", therein  set  forth  or  designated,  shall  be  termed  an  ini- 
tiative petition,  and  shall  be  acted  upon  as  hereinafter  pro- 
vided. 
Signatures  Section  66.     Signatures  to  initiative  petitions  need  not 

to  petitions.  1      X  i-  xi         •  j>  1 

etc.  all  be  on  one  paper,  but  one  oi  the  signers  of  every  such  paper 

shall  make  an  affidavit  thereto  that  the  statements  therein 
contained  are  true,  and  that  each  signature  appendefl  to  the 
paper  is  the  genuine  signature  of  the  person  whose  name  it 
purports  to  be.  All  such  papers  pertaining  to  any  one  meas- 
ure shall  be  fastened  together  and  shall  be  filed  in  the  office 
of  the  city  clerk  as  one  instrument,  with  the  endorsements 
thereon  of  the  names  and  addresses  of  three  persons  desig- 
nated as  filing  the  same.  With  each  signature  to  said  peti- 
tion shall  be  stated  the  place  of  residence  of  the  signer, 
giving  the  street  and  number. 

Within  five  days  after  the  filing  of  said  petition  the  city 
clerk  shall  ascertain,  by  examination  thereof  and  of  the 
registration  books  and  election  returns,  by  what  number  of 
qualified  voters  the  petition  is  signed  and  what  percentage 
that  number  is  of  the  last  preceding  vote  cast  in  the  city  for 
all  candidates  for  governor  of  the  commonwealth,  except  as 
is  provided  in  section  seventy-seven  of  this  act,  and  shall 
attach  thereto  his  certificate  showing  the  result  of  such  ex- 
amination. 

He  shall  then  forthwith  transmit  the  measure  with  the 
said  certificate  to  the  city  eoimcil  or  to  the  school  conmiittee, 
accordingly  as  the  petition  is  addressed,  and  at  the  same  time 
shall  send  a  copy  of  said  certificate  to  one  or  more  of  the 
persons  designated  on  the  petition  as  filing  the  same. 


Acts,  1911.  — Chap.  531.  541 

Section  G7.  If  an  initiative  petition  be  signed  by  quali-  [^I'ltfin^e"^ 
fied  voters  equal  in  number,  exeept  as  is  provided  in  seetion  if^^g'siation. 
seventy-seven  of  this  act,  to  at  least  twenty-five  per  cent  of 
the  last  preceding  vote  cast  in  the  city  for  all  candidates  for 
governor  of  the  commonwealth,  the  city  council  or  the  school 
committee  shall  within  twenty  days  after  the  date  of  the 
city  clerk's  certificate  to  that  effect,  either  ■ — 

(a)  Pass  said  measure  without  alteration,  subject  to  the 
referendum  vote  provided  for  by  this  act;  or, 

(6)  The  city  council  shall  call  a  special  election  to  be  held  ei^tloL. 
on  a  Tuesday  fixed  by  it  not  less  than  thirty  nor  more  than 
forty-five  days  after  the  date  of  the  city  clerk's  certificate 
that  a  sufficient  petition  has  been  filed,  and  shall  submit  th^ 
proposed  measure  without  alteration  to  a  vote  of  the  quali- 
fied voters  of  the  city  at  that  election:  j^fovided,  however,  Proviso, 
that  if  any  municipal  election  is  otherwise  to  occur  within 
ninety  days  after  the  date  of  said  certificate,  the  city  council 
may  at  its  discretion  omit  the  special  election  and  submit 
the  proposed  measure  to  the  voters  at  such  other  previously 
pending  election. 

Section  6S.     If  an  initiative  petition  be  signed  bv  quali-  initiative 

^  .",      ,    .     "     ^     .  petitions  to 

faed  voters  equal  m  number,  except  as  provided  m  section  be  submitted 

•  XX  ^^  Votci'8 

seventy-seven  of  this  act,  to  at  least  five  per  cent,  but  less  in  certain 
than  twenty-five  per  cent  of  the  last  preceding  vote  cast  in 
the  city  for  all  candidates  for  governor  of  the  commonwealth, 
as  shown  in  the  manner  hereinbefore  provided,  and  said  pro- 
posed measure  be  not  passed  without  alteration  by  the  city 
council  or  the  school  committee  within  twenty  days,  as  pro- 
vided in  section  sixty-seven  of  this  act,  then  such  proposed 
measure,  without  alteration,  shall  be  submitted  by  the  city 
council  to  a  vote  of  the  qualified  voters  of  the  city  at  the 
next  municipal  election. 

Section  69.     If,  within  twenty  days  after  the  final  pas-  Proceeding 
sage  of  any  measure  by  the  city  council  or  by  the  school  protesf" 
committee,  a  petition  signed  by  qualified  voters  of  the  city  t'fin  munkipai 
equal  in  number,  except  as  is  provided  in  section  seventy-  legislation. 
seven  of  this  act,  to  at  least  ten  per  cent  of  the  last  preceding 
vote  cast  in  the  city  for  all  candidates  for  governor  of  the 
commonwealth,  be  presented  to  the  city  council  or  to  the 
school  committee,  as  the  case  may  be,  protesting  against 
such  measure  or  any  part  thereof  taking  effect,  the  same  shall 
thereupon  and  thereby  be  suspended  from  taking  effect;  and 
the  city  council  or  the  school  committee,  as  the  case  may  be, 
shall  immediately  reconsider  such  measure  or  part  thereof, 


542  Acts,  1911,  — Ciiat.  531. 

and  if  such  measure  or  part  thereof  be  not  entirely  repealed 
or  rescinded,  the  city  council  shall  submit  the  same,  by  the 
method  herein  provided,  to  a  vote  of  the  qualified  voters  of 
the  city,  either  at  the  next  general  municipal  election,  or  at 
a  special  election  which  may,  in  their  discretion,  be  called 
by  them  for  that  purpose,  and  such  measure  or  part  thereof 
shall  forthwith  become  null  and  void  unless  a  majority  of 
the  qualified  voters  voting  on  the  same  at  such  election  shall 
vote  in  favor  thereof. 

The  petition  provided  for  in  this  section  shall  be  termed 
a  referendum  petition. 

The  procedure  in  respect  of  such  referendum  petition 
shall  be  the  same  as  that  provided  in  section  sixty-six  of  this 
act;  except  that  the  words  "measure  or  part  thereof  pro- 
tested against"  shall  for  this  purpose  be  understood  to  re- 
l)lace  the  word  "measure"  in  that  section  wherever  it  may 
occur,  and  that  similarly  the  word  "referendum"  shall  be 
understood  to  replace  the  word  "initiative"  in  that  section. 
Jlopo"r?u<,  Section  70.     The  city  council  may,  of  its  own  motion, 

beBub.nitted     gj^j  shall,  upou  rcQuest  of  the  school  committee  in  case  of 

to  voters  of  ^        .  .  •    i         i  •  i  •     • 

the  city.  a  measure  origmatmg  with  that  committee  and  pertaining 

to  the  affairs  under  its  administration,  submit  to  a  vote  of 
the  qualified  voters  of  the  city  for  adoption  or  rejection  at 
a  general  or  special  municipal  election,  any  proposed  measure, 
or  a  proposition  for  the  repeal  or  amendment  of  any  measure, 
in  the  same  manner  and  with  the  same  force  and  effect  as 
are  herein  provided  for  submission  on  petition. 

Seafures!^  SECTION  71.     If  two  or  morc  proposed  measures,  passed 

at  the  same  election  are  in  conflict  in  respect  of  any  of  their 
provisions,  they  shall  go  into  effect  in  respect  of  such  of  their 
provisions  as  are  not  in  conflict.  In  each  case  of  conflict- 
ing ])rovisions  in  such  measures,  that  one  of  the  provisions  in 
conflict  shall  take  efl'ect  which  was  contained  in  that  one  of 
such  measures  which  received  the  greatest  number  of  affirma- 
tive votes,  and  all  others  of  such  conflicting  provisions  shall 
be  void. 

EnartinR  SECTION  72.     Tlic  cuacting  clausc  of  any  measure  adopted 

CltiUt>6f  etc*  i_  ••••  •• 

by  the  qualified  voters,  ui)on  proposal  by  initiative  ])ctition, 
shall  be  "Be  it  ordained  by  the  peo})le  of  the  city  of  Cam- 
bridge"; and  of  any  measure  passed  by  the  city  council  and 
approved  upon  referendum  shall  be  "Be  it  ordained  by  the 
city  council  of  the  city  of  Cambridge  and  by  the  people 
thereof  upon  referendum";  and  of  any  measure  referred  to 
the  people  by  the  city  council  of  its  own  motion,  or  upon 


Acts,  1911.  — Chap.  531.  543 

request  of  the  school  committee  as  provided  in  section  seventy 
of  this  act,  shall  be  "  Be  it  ordained  by  the  people  of  the  city 
of  Cambridge  upon  referendum  by  the  city  council  thereof": 
provided,  that  for  the  word  "ordained"  shall  be  substituted  Proviso, 
the  word  "resolved",  or  the  word  "ordered",  respectively, 
if  the  measure  is  a  resolution  or  an  order;  and  for  the  words 
"Be  it  ordained"  shall  be  substituted  the  word  "Voted"  if 
the  measure  is  a  vote. 

Section  73.     The  city  clerk  shall  print  and  distribute  to  sampie 
each  voter  a  sample  ballot  together  with  the  text  of  every 
measure  to  be  submitted  to  a  vote  of  the  qualified  voters  of 
the  city. 

Section  74.     The  ballots  used  when  voting  upon  such  Baiiotsto 

1  1      11      X    J.      J.1  J.  J?   xi  •       state  nature 

proposed  measure  shall  state  the  nature  or  the  measure  m  of  the 
terms  sufficient  to  show  the  substance  thereof.     If  a  majority  jfe'^voufl  on, 
of  the  qualified  voters  voting  on  any  proposed  measure,  ^^'^' 
which  has  duly  been  submitted  to  them  as  herein  provided 
and  which  falls  within  the  lawful  rights  and  powers  of  the 
city,  shall  vote  in  favor  thereof,  the  same  shall  thereupon  go 
into  effect. 

Section  75.     Provision  shall  be  made  on  each  ballot  for  Provisions  to 
voting  upon  all  proposed  measures  submitted  at  that  elec-  eaciTbaiiot^foi 
tion:  provided,   that   no   measures   except  those   which  fall  ^°*'"f- 

jrroviso 

entirely  within  the  rights  and  powers  of  the  school  com- 
mittee shall  appear  upon  the  ballots  to  be  cast  by  women 
voters. 

Section  76.  Provisions  not  in  conflict  herewith  shall  be  ordinances, 
made  by  ordinance  for  supplying  the  voters  with  information 
and  arguments  pro  and  con  upon  measures  submitted  to  a 
vote  of  the  qualified  voters  of  the  city  and  for  carrying  out 
the  purpose  of  sections  sixty-five  to  seventy-seven,  inclusive, 
of  this  act. 

Section  77.  For  the  purposes  of  this  act,  in  case  of  pro-  Number  of 
posed  measures  falling  within  the  rights  and  powers  of  the  etl""'"'^^^' 
school  committee  as  herein  set  forth,  the  number  herein 
specified  as  that  to  which  shall  be  applied  the  percentages 
herein  established  for  fixing  the  requisite  number  of  signatures 
for  initiative  and  referendum  petitions  shall  be  increased, 
before  applying  said  percentages,  by  the  number  of  votes 
cast  by  women  for  candidates  for  member  at  large  of  the 
school  committee  at  the  last  election  at  w^hich  that  office  was 
filled. 

Section  78.     The   term    "qualified   voter",   wherever  it  T*'™, ,,  , 

^  1        1     •       1       •  qualified 

occurs  in  sections  sixty-nve  to  seventy-seven,  both  inclusive,  ^oter  " 

■^  ■J  '  '    defined. 


5U 


Acts,  1911.  — Chap.  531. 


of  this  act,  means  a  voter  qiuilified  to  vote  for  the  elective 
officers  within  whose  rights  and  powers  the  proposed  measure 
would  fall  under  this  act. 


Time  of 
filing  peti- 
tions for 
submission 
of  act  to  the 
voters,  etc. 


Question  to 
be  printed 
on  ballot. 


Time  of 
taking  effect. 


GENERAL   PROVISIONS. 

Section  79.  Petitions,  addressed  to  the  secretary  of  the 
commonwealth  and  signed  by  qualified  voters  of  tlic  city, 
requesting  that  this  act  be  submitted  to  the  qualified  voters 
of  said  city,  may  be  filed  in  the  office  of  the  city  clerk  at  any 
time  on  or  before  the  second  day  of  October  in  the  year 
nineteen  hundred  and  eleven.  Each  signer  of  any  such  peti- 
tion shall  add  to  his  signature  the  name  of  the  street  in 
which  he  resides  at  the  time  of  signing  and  the  street  number, 
if  there  be  any.  AYithin  the  five  days  next  after  said  second 
day  of  October,  the  city  clerk,  with  the  assistance  of  the 
registrars  of  voters,  shall  examine  the  petitions  so  filed  and 
shall  ascertain  the  aggregate  number  of  qualified  voters  of 
the  city  who  have  signed  the  same,  and  he  shall  forthwith 
present  the  same  to  the  secretary  of  the  commonwealth  with 
the  certificate  of  the  city  clerk  setting  forth  the  aggregate 
number  of  qualified  voters  of  the  city  who  have  so  signed. 
If  it  shall  appear  from  said  certificate  that  such  aggregate 
number  is  at  least  one  thousand,  the  secretary  of  the  connuon- 
wealth  shall  submit  the  question  of  the  adoption  of  this  act 
to  the  voters  of  the  city  of  Cambridge  at  the  general  state 
election  in  November,  nineteen  hundred  and  eleven.  The 
vote  shall  be  taken  by  ballot  in  answer  to  the  question, 
"Shall  an  act  passed  by  the  general  court  in  the  year  nineteen 
hundred  and  eleven,  entitled,  'An  Act  to  pro\ide  a  new 
charter  for  the  city  of  Cambridge',  be  accei)ted?"  which 
shall  be  printed  on  the  official  ballot. 

If  this  act  shall  be  so  accepted  by  a  majority  of  the  quali- 
fied voters  voting  thereon,  it  shall  take  effect,  upon  its  accejit- 
ance,  for  the  general  municipal  election  to  be  held  on  the 
Tuesday  next  following  the  second  ^Monday  in  December  in 
the  year  nineteen  hundred  and  eleven,  and  for  all  things  that 
j)ertain  to  said  election,  and  it  shall  go  into  full  force  and 
effect  at  ten  o'clock  in  the  forenoon  of  the  first  INIonday  in 
January,  nineteen  hundred  and  twelve,  and  the  present  form 
of  government  shall  thereupon  cease  and  terminate,  excei)t 
that  the  apjiointees  of  the  mayor  and  city  council  and  all 
other  persons  in  the  service  of  the  city  at  that  time  shall 
continue  to  draw  compensation  at  the  same  rate,  and  to 


Acts,  1911.  — Chap.  531.  545 

exercise  like  powers,  authority  and  jurisdiction  as  thereto- 
fore, until  replaced  or  until  other  provision  is  made:  yrovided  I'roviso. 
that  the  terms  of  office  of  those  members  of  the  school  com- 
mittee in  office  when  this  act  takes  effect  shall  be  extended 
to  the  first  Monday  in  January  next  following  the  date  when 
their  terms  would  otherwise  expire. 

Section  80.     It  shall  be  the  duty  of  the  mayor,  the  alder-  Duties  of 
men  and  common  council,  and  the  city  clerk  in  office  when  whon'^actls 
this  act  is  accepted  by  the  qualified  voters  as  herein  pro-  '*'='^*'p*'^'^- 
vided,   to   comply   with   all   the   requirements   of   this   act 
relating  to  elections,  to  the  end  that  all  things  may  be  done 
necessary  for  the  nomination  and  election  of  the  officers  first 
to  be  elected  under  this  act. 

Section  81.     All    laws,    ordinances,    resolutions,    orders,  Certain  laws, 
rules  and  regulations  in  force  in  the  city  of  Cambridge  at  etc.,  to  '^  ^' 
the  time  when  this  act  takes  effect,  not  inconsistent  with  foixe""^"^ 
its  provisions,  whether  enacted  by  the  authority  of  the  city 
or  by  any  other  authority,  shall  continue  in  full  force  and 
effect  until  otherwise  provided  by  law,  ordinance,  resolution, 
order  or  vote ;  all  others  are  hereby  repealed,  but  such  repeal 
shall  not  revive  any  pre-existing  enactment. 

Section  82.  All  official  bonds,  recognizances,  obliga-  Bonds, 
tions,  contracts  and  all  other  instruments  entered  into  or  etc. 
executed  by  or  to  the  city  before  this  act  takes  effect,  and 
all  taxes,  special  assessments,  fines,  penalties,  forfeitures 
incurred  or  imposed,  due  or  owing  to  the  city,  shall  be 
enforced  or  collected,  and  all  writs,  prosecutions,  actions 
and  causes  of  action,  except  as  is  herein  otherwise  provided, 
shall  continue  without  abatement  and  remain  unaffected 
by  this  act;  and  no  legal  act  done  by  or  in  favor  of  the  city 
shall  be  rendered  invalid  by  the  adoption  of  this  act. 

Section  83.     The  number  of  wards  and  the  boundaries  Number  and 
thereof   as   determined   and   defined   in   the   year   nineteen  of  wardVifot 
hundred  and  one  shall  be  retained  until  the  same  shall  be  changed. 
changed  under  the  general  law  relating  thereto. 

Section  84.  So  much  of  this  act  as  authorizes  the  sub-  Time  of 
mission  of  the  question  of  its  acceptance  to  the  qualified  **  ^^^  ^ 
voters  of  said  city  shall  take  effect  upon  its  passage. 

Approved  June  7,  1911. 


5iG 


Acts,  1911.  — Chap.  532. 


Certain 
terms  and 
words  defined. 


Chap.532  An  Act  to   establish   a   retirement  system   for  the 

EMPLOYEES    OF   THE    COMMONWEALTH. 

Be  it  enacted,  etc.,  as  /(Mows: 

Section  1.  In  this  act,  unless  the  context  othenvise 
requires:  — 

(a)  The  words  "retirement  system"  mean  the  arrange- 
ments provided  in  this  act  for  the  payment  of  pensions. 

(6)  The  word  "annuities"  means  the  payments  for  hfe 
derived  from  money  contributed  by  the  employees. 

(c)  The  word  "employee"  means  any  person  on  the  pay 
roll  of  the  commonwealth,  whether  employed  in  the  direct 
service  of  the  commonwealth  or  in  the  metropolitan  district 
service,  who  regularly  gives  his  whole  time  to  that  service. 

(d)  The  word  "pensions"  means  the  payments  for  life 
derived  from  money  contributed  by  the  commonwealth. 

(e)  The  words  "regular  interest"  mean  interest  at  three 
per  cent  per  annum  compounded  semi-annually  on  the  last 
days  of  December  and  June,  and  reckoned  for  full  three 
and  six  months'  periods  only. 

(/)  The  words  "continuous  service"  mean  uninterrupted 
employment,  with  these  exceptions:  a  lay-off  on  account  of 
illness  or  reduction  of  force,  and  a  leave  of  absence,  suspen- 
sion or  dismissal  followed  by  reinstatement  within  one  year. 
As  to  appointees  of  the  sergeant-at-arms  the  interval  be- 
tween sessions  of  the  general  court  shall  not  be  considered 
as  breaking  the  continuity  of  service. 


Retirement 

system 

established. 


ESTABLISHMENT    OK    RETIREMENT   SYSTEM. 

Section  2.  The  retirement  system  shall  be  established 
on  the  first  day  of  January  or  the  first  day  of  July  following 
the  expiration  of  three  months  after  the  date  on  which  this 
act  takes  effect. 


Organiza- 
tion. 


THE   RETIREMENT  ASSOCIATION. 

Section  3.  A  retirement  association  shall  be  organized 
among  the  employees  of  the  connnonwealth,  including 
employees  in  the  metroj)olitan  district  service,  as  follows: 

(1)  All  em])loyees  of  the  commonwealth,  on  the  date 
when  the  retirement  system  is  established,  may  become 
members  of  the  association.  On  the  ex]iiration  of  thirty 
davs  from  said  date  evcrv  such  cmi)lovee  shall  be  considered 


Acts,  1911.  — Chap.  532.  547 

to  have  elected  to  become,   and  shall  thereby  become,  a  Organization, 
member,  unless  he  shall  have  within  that  period,  sent  notice 
in  writing  to  the  state  insurance  commissioner  that  he  does 
not  wish  to  join  the  association. 

(2)  All  employees  who  enter  the  service  of  the  common- 
wealth after  the  date  when  the  retirement  system  is  estab- 
lished, except  persons  who  have  already  passed  the  age  of 
fifty-five  years,  shall  upon  completing  thirty  days  of  ser- 
vice become  thereby  members  of  the  association.  Persons 
over  fifty-five  years  of  age  who  enter  the  service  of  the 
commonwealth  after  the  establishment  of  the  retirement 
system  shall  not  be  allowed  to  become  members  of  the 
association,  and  no  such  employee  shall  remain  in  the  ser- 
vice of  the  commonwealth  after  reaching  the  age  of  seventy 
years. 

(3)  No  officer  elected  by  popular  vote  may  become  a 
member  of  the  association,  nor  any  employee  who  is  or  will 
be  entitled  to  a  pension  from  the  commonwealth  for  any 
reason  other  than  membership  in  the  association. 

(4)  Any  member  who  reaches  the  age  of  sixty  years  and 
has  been  in  the  continuous  service  of  the  commonw^ealth 
for  a  period  of  fifteen  years  immediately  preceding  may 
retire  or  be  retired  by  the  board  of  retirement  upon  recom- 
mendation of  the  head  of  the  department  in  which  he  is 
employed,  and  any  member  who  reaches  the  age  of  seventy 
must  so  retire. 

(5)  Any  member  who  has  completed  a  period  of  thirty- 
five  years  of  continuous  service  may  retire,  or  may  be  retired 
at  any  age  by  the  board  of  retirement  upon  recommendation 
of  the  head  of  the  department  in  which  he  is  employed,  if 
such  action  be  deemed  advisable  for  the  good  of  the  service. 

THE   BOARD   OF   RETIREMENT. 

Section  4.     (1)  The  management  of  the  retirement  sys-  Board  of 
tem  is  hereby  vested  in  the  board  of  retirement,  consisting  dectfo"?"*' 
of  three  members,  one  of  whom  shall  be  the  state  treasurer;  terms,  etc. 
the  second  member  shall  be  a  member  of  the  association 
elected  by  the  latter  within  sixty  days  after  the  date  on  which 
the  retirement  system  is  established,  in  a  manner  to  be  de- 
termined  by  the   state  insurance  commissioner;  the  third 
member  shall  be  chosen  by  the  other  two  members.     In 
case  of  the  failure  of  the  latter  to  choose  the  third  member 
within  thirty  days  after  the  election  of  the  second  member, 


548 


Acts,  1911.  — Chap.  532. 


Control  of  the 
funds  of  the 
system. 


Proviso. 


the  governor  shall  appoint  the  third  member.  The  first 
person  so  chosen  or  appointed  as  third  member  shall  serve 
for  two  years;  otherwise  and  thereafter  the  term  of  office 
of  the  two  elected  members  shall  be  three  years.  On  a 
vacancy  occurring  in  the  board  for  any  cause  or  on  the 
expiration  of  the  term  of  office  of  any  member,  a  successor 
of  the  person  whose  place  has  become  vacant  or  whose  term 
has  expired  shall  be  chosen  in  the  same  manner  as  his 
predecessor. 

(2)  The  members  of  the  board  of  retirement  shall  serve 
without  compensation;  but  they  shall  be  reimbursed  out 
of  the  contingent  fund  for  any  expense  or  loss  of  salary  or 
wages  which  they  may  incur  through  service  on  the  board. 
All  claims  for  reimbursement  on  this  account  shall  be  sub- 
ject to  the  approval  of  the  governor  and  council. 

(3)  The  state  treasurer  shall  have  charge  and  control  of 
the  funds  of  the  system,  subject  to  the  approval  of  the  board 
of  retirement,  and  shall  invest  and  reinvest  the  same,  and 
may  from  time  to  time  sell  any  securities  held  by  him  and 
invest  and  reinvest  the  proceeds,  and  any  and  all  unappro- 
priated income  of  said  funds:  jworided,  however,  that  all 
funds  received  by  him,  and  not  required  for  current  dis- 
bursements, shall  be  invested  in  accordance  with  the  provi- 
sions of  the  laws  of  this  commonwealth  relating  to  the  in- 
vestment of  the  funds  of  savings  banks.  He  shall  in  the 
investment  of  the  fvmds  give  preference  to  the  securities  of 
the  commonwealth.  He  may,  whenever  he  sells  such  securi- 
ties, deliver  the  securities  so  sold  upon  receiving  the  proceeds 
thereof,  and  may  execute  any  and  all  documents  necessary 
to  transfer  the  title  thereto. 

(4)  The  board  of  retirement  shall  have  power  to  make  by- 
laws and  regulations  not  inconsistent  with  the  provisions  of 
this  act,  and  to  employ  such  clerical  or  other  assistance  as 
may  be  necessary  for  the  fulfillment  of  its  purposes,  subject 
to  the  approval  of  the  governor  and  council. 

(5)  The  board  shall  determine  the  percentage  of  wages  or 
salary  that  employees  shall  contribute  to  the  pension  fmid, 
subject  to  the  minimum  and  maximum  percentages,  and 
shall,  furthermore,  have  the  power  to  classify  employees  for 
the  purposes  of  the  retirement  system  and  to  establish  difler- 
ent  rates  of  contribution  for  difierent  classes  within  the  pre- 
scribed limits. 

(6)  The  state  treasurer  shall,  in  January  of  each  year, 
unless  for  cause  the  insurance  commissioner  shall  have  granted 


Acts,  1911.  — Chap.  532.  549 

an  extension  of  time,  file  in  the  office  of  the  insurance  com- 
missioner a  sworn  statement,  which  shall  exhibit  the  financial 
condition  of  the  retirement  system  on  the  thirty-first  day 
of  the  preceding  December,  and  its  financial  transactions  for 
the  year  ending  with  said  day.  The  said  statement  shall  be 
in  a  form  approved  by  the  insurance  commissioner,  and  shall 
show,  among  other  things,  the  liability  of  the  retirement  sys- 
tem on  account  of  the  following  items:  — 

A.     Deposit  Reserves. 

The  total  of  the  deposits  of  the  members  actually  received  PegPrvls. 
by  the  treasurer  or  due  from  the  commonwealth  under  sec- 
tion five,*(2)  A,  and  held  subject  to  withdrawal  by  such  mem- 
bers. 

B.     Interest  Reserve. 

Regular  interest  on  such  deposits.  interest 


reserve. 


C.     Annuity  Reserve. 

The  net  value  of  the  annuities  entered  upon  under  section  Annuity 
six,  (2)  B,  on  the  basis  of  the  mortality  tables  and  interest 
rates  provided  for  in  this  act. 

D.    Expense  and  Contingent  Fund, 
(a)  The  unexpended  portion  of  the  amounts  received  under  Expense  and 

„  .^  '  -^  contingent 

section  five,  (1).  fund. 

(6)  The  contingent  fund. 

E.     Gijts  and  Bequests. 

The  amounts  received  as  gifts  or  bequests  and  held  under  Gifts  and 
the  terms  of  such  gifts  or  bequests.  "^"'^^  ^' 

F.     Other  Liabilities. 

All   other   liabilities.  other  lia- 

bilities. 

G.     Surplus. 

(a)  Annuity  Surplus.  —  The  undistributed  surplus  arising  Surplus. 
from  annuity  deposits. 

(6)  Other  Surjilus.  —  All  unassigned  funds. 


550 


Acts,  1911.  — Chap.  532. 


Creation  of 
the  retire- 
ment fund. 


CREATION  OF  THE  RETIREMENT  FUND. 

Section  5.    The  funds  of  the  retirement  system  shall  be 
raised  as  follows:  — 


Expense  and 

contingent 

fund. 


Annuity 
and  pension 
fund. 


Provision 
for  pay- 
ments. 


(1)  Expense  and  Contingent  Fund. 

The  general  court  shall  appropriate  annually  such  an 
amount  as  may  be  necessary  to  defray  the  whole  expense 
of  administration,  according  to  estimates  prepared  by  the 
treasurer. 

(2)  Annuity  and  Pension  Fund. 

A.  Deposits  by  Members.  —  Each  member  shall  deposit  in 
this  fund  from  his  salary  or  wages,  as  often  as  the  same  are 
payable,  not  less  than  one  per  cent  and  not  more  than  five 
per  cent  of  the  amount  of  his  wages  or  salary,  as  determined 
by  the  board  of  retirement  under  the  provisions  of  section 
four  (5) :  j^^omded,  hoivever,  that  employees  who  receive  more 
than  thirty  dollars  weekly  in  salary  or  wages  shall  not  be 
assessed  for  contribution  to  this  fund  on  the  excess  above 
that  amount. 

B.  Contributio7is  of  the  Commonwealth.  —  (a)  Each  month 
the  commonwealth  shall  contribute  such  amount  as  the  board 
of  retirement  may  determine  to  be  necessary  to  pay  current 
pensions  for  subsequent  service,  under  section  six  (2)  C  (a). 

(b)  Each  year,  in  January,  the  commonwealth  shall  con- 
tribute an  amount  equal  to  the  sur])lus  arising  from  annuity 
deposits.  In  case  there  should  be  a  deficiency  arising  from 
such  annuity  deposits,  instead  of  a  suri)lus,  then  the  connnon- 
wealth  shall  make  g(X)d  the  deficiency. 

(c)  Each  month  the  commonwealth  shall  contribute  such 
amount  as  the  board  of  retirement  mav  determine  to  be  neces- 
sary  to  pay  current  pensions  for  prior  service  under  section 
six  (2)  C  (6). 

(d)  Each  month  the  commonwealth  shall  contribute  such 
amount  as  the  board  of  retirement  may  determine  to  be 
necessary  to  ensure  the  mininuun  payments  provided  for  in 
section  six,  E. 

(3)  Provision  for  Payments. 

All  amounts  payable  by  members  of  the  association  under 
paragraph  (2)  A  of  this  section  shall  be  deducted  by  the  com- 
monwealth from  the  amounts  payable  to  them  as  salary  or 
wages,  as  ol'tcii  as  the  same  are  payable,  and  siiall  innnedi- 
ately  be  credited  to  the  retirement  fund  by  the  state  treasurer. 


Acts,  1911.  — Chap.  532.  551 


DISTRIBUTION   OF   FUNDS. 

Section  6.  The  state  treasurer  shall  administer  the  funds 
of  the  pension  system  in  accordance  with  the  following 
plan:  — 

(1)  Expense  and  Contingent  Fund. 

The  fund  provided  for  by  section  five,  (1),  shall  be  used,  SlngenT*^ 
so  far  as  may  be  necessary,  for  the  paj^ment  of  the  expenses  ^""d. 
of  administration.  The  portions  not  so  used,  if  any,  shall 
be  repaid  into  the  treasury  of  the  commonwealth.  In  case 
the  amount  appropriated  for  the  expense  of  a  contingent 
fund  in  any  year  should  prove  insufficient,  the  common- 
wealth shall  appropriate  in  the,  following  year  such  addi- 
tional sum  as  may  be  required  to  cover  the  deficit. 

(2)  Annuity  and  Pension  Funds. 

A.  Refunds.  —  (a)  Should  a  member  of  the  association  Annuity 
cease  to   be  an  employee  of  the  commonwealth  for  any  fund^!"^'"'^ 
cause  other  than  death  before  becoming  entitled  to  a  pen- 
sion, there  shall  be  refunded  to  him  all  the  money  paid  in 

by  him  under  section  five,  (2)  A,  with  regular  interest. 

(6)  Should  a  member  of  the  association  die  before  be- 
coming entitled  to  a  pension,  there  shall  be  paid  to  his 
legal  representatives  all  the  money  paid  in  by  him  under 
section  five,  (2)  A,  with  such  interest  as  shall  have  been 
earned  on  such  deposits. 

B.  Annuities  from  Employees'  Deposits.  —  Any  member  Annuities 
who  reaches  the  age  of  sixty  years  and  has  been  in  the  emp'ioyees' 
continuous  service  of  the  commonwealth  for  fifteen  years  •^*^p'*^'*^- 
immediately  preceding,  and  then  or  thereafter  retires  or  is 
retired,  any  member  who  retires  or  is  retired  at  the  age 

of  seventy  years,  and  any  member  who  is  retired  for  the 
good  of  the  service  under  the  provisions  of  section  three, 
(5) ,  shall  receive  an  annuity  to  which  the  sum  of  his  deposits 
under  section  five,  (2),  with  regular  interest,  shall  entitle 
him,  according  to  the  tables  adopted  by  the  board  of  retire- 
ment, in  one  of  the  following  forms:  — 

(a)  A  life  annuity,  payable  monthly. 

(6)  A  life  annuity,  payable  monthly,  with  the  provision 
that  in  the  event  of  the  death  of  the  aimuitant  before  re- 
ceiving payments  equal  to  the  sum,  at  the  date  of  his  retire- 
ment, of  his  deposits  under  section  five,  (2)  A,  with  regular 
interest,  the  difference  shall  be  paid  to  his  legal  representa- 
tives. 


552 


Acts,  1911.  — Chap.  532. 


Pensions 
derived  from 
coiitrihutions 
by  the  ('oiii- 
monwealth. 


Apulicition 
of  surplus. 


Miiiiiiiuni  and 

muxiiniint 

payineuts. 


C.  Pensions  derived  from  Contributions  by  the  Ccmmon- 
wealth.  —  (rt)  Pensions  based  upon  subsequent  ser\ice.  Any 
member  entitled  to  an  annuity  under  paragraph  (2)  B  of 
this  section  shall  receive  in  addition  thereto  a  pension  for 
life  payable  monthly  equivalent  to  that  annuity,  to  be  paid 
out  of  the  fund  contributed  by  the  commonwealth  under 
the  provisions  of  section  five,  (2)  B  (a), 

(6)  Pensions  based  upon  prior  service.  Any  member  of 
the  association  who  reaches  the  age  of  sixty  years,  having 
been  in  the  continuous  service  of  the  commonwealth  for 
fifteen  years  or  more  immediately  preceding,  and  then  or 
thereafter  retires  or  is  retired,  shall  receive  in  addition  to 
the  annuity  and  pension  provided  for  by  paragraphs  (2)  B 
and  C  (o)  of  this  section,  an  extra  pension  for  life  as  large 
as  the  amount  of  the  annuity  to  which  he  might  have 
acquired  a  claim  if  the  retirement  system  had  been  in 
operation  at  the  time  when  he  entered  the  service  of  the 
commonwealth,  and  if  accordingly  he  had  paid  regular 
contributions  from  that  date  to  the  date  of  the  establish- 
ment of  the  retirement  association  at  the  same  rate  as  that 
first  adopted  by  the  board  of  retirement,  and  if  such  deduc- 
tions had  been  accumulated  with  regular  interest. 

Any  employee  who  had  already  reached  the  age  of  fifty- 
five  years  on  the  date  when  the  retirement  system  was 
established,  and  also  became  a  member  of  the  association 
may  be  retired  under  the  provisions  of  the  preceding  para- 
graph without  having  completed  the  otherwise  required 
service  period  of  fifteen  years.  For  the  ])urpose  of  com- 
puting any  pension  payable  for  prior  service,  the  board 
of  retirement  may  estimate  on  the  basis  determined  by 
them  the  w^ages  received  at  any  period  for  which  they  may 
deem  it  impracticable  to  consult  the  original  records. 

Any  employee  not  a  member  of  the  association  who  had 
already  reached  the  age  of  fifty-five  years  on  the  date  when 
the  retirement  system  was  established  may  be  retired  at 
any  time  and  shall  be  paid  a  pension  equivalent  to  the 
minimum  payment  hereinafter  provided  for. 

D.  Application  of  Surplus.  —  The  board  of  retirement 
shall  have  power  to  determine  the  api)lication  of  any  sur- 
I)lus,  as  defined  under  .section  four  (G)  G,  subject  to  the 
approval  of  the  insurance  conunissioner. 

E.  Minimum  and  Maximum  Paiimcnts.  —  In  no  case 
shall  the  total  montlily  payment  to  a  member  be  at  a  rate 
less  than  two  hundred  dollars  i)er  year,  or  at  a  rate  more 


Acts,  1911.  — Chap.  532.  553 


than  one  half  the  amount  of  the  average  salary  or  wages 
received  by  the  member  during  the  ten  years  prior  to  his 
retirement. 

F.     Association    Membership    and   Pension   Certificate.  —  Association 
Membership  in    the    association    shall   be  evidenced   by   a  TnTpension 
certificate  to  be  issued  to  each  member  by  the  board  of  '^er^'fi^ate. 
retirement,  and  the  right  to  an  annuity  or  a  pension  shall 
be  evidenced  by  a  policy  to  be  issued  to  each  member  who 
retires  or  is  retired  by  the  board  of  retirement. 

TAXATION,   ATTACHMENTS   AND   ASSIGNMENTS. 

Section  7.     The  funds  of  the  retirement  system,  so  far  Taxation, 

,1  •  X     I    •  1  X  I-    11    l_  X    attachments, 

as  they  are  nivested  ni  personal  property,  shall  be  exempt  etc. 
from  taxation. 

That  portion  of  the  wages  of  a  member  deducted  or  to  be 
deducted  under  this  act,  the  right  of  a  member  to  an  annuity 
or  pension,  and  all  his  rights  in  the  funds  of  the  retirement 
system  shall  be  exempt  from  taxation,  and  from  the  opera- 
tion of  any  law  relating  to  bankruptcy  or  insolvency,  and 
shall  not  be  attached  or  taken  upon  execution  or  other 
process  of  any  court.  No  assignment  of  any  right  in  or  to 
said  funds  shall  be  valid. 

supervision  by  insurance  commissioner. 

Section  8.  The  insurance  commissioner  shall  prescribe  Supervision 
for  the  retirement  system  of  the  commonwealth  one  or  more  commissioner, 
mortality  tables,  and  shall  determine  what  rates  of  interest 
shall  be  established  in  connection  with  such  tables,  and  may 
later  modify  such  tables  or  prescribe  other  tables  to  represent 
more  accurately  the  expense  of  the  retirement  system,  or 
may  change  said  rates  of  interest  and  may  determine  the 
application  of  the  changes  so  made.  He  shall  also  prescribe 
and  supervise  the  methods  of  bookkeeping  of  the  retirement 
association  formed  under  the  provisions  of  this  act. 

The  insurance  commissioner  shall  at  least  once  in  each  year,  inspection 
either  personally  or  by  deputy  or  assistant,  thoroughly  in-  inatio'n. 
spect  and  examine  the  affairs  of  the  retirement  association  to 
ascertain  its  financial  condition,  its  ability  to  fulfil  its  obliga- 
tions, whether  all  parties  in  interest  have  complied  with  the 
provisions  of  law  applicable  to  the  retirement  association,  and 
whether  the  transactions  of  the  board  of  retirement  have  been 
in  accordance  with  the  rights  and  equities  of  those  in  interest. 
The  retirement  system  shall  be  credited,  in  the  account  of  its 


554 


Acts,  1911.  — Chap.  533. 


The  insurance 
commissioner 
to  liave  access 
to  securities, 
etc. 


Proceeding 
in  cases  of 
violation  of 
law. 


Jurisdiction 
of  court. 


financial  condition,  with  the  amounts  due  from  the  common- 
wealth, under  the  provisions  of  section  five,  (2)  B  (a),  its 
investments  having  fixed  maturities  upon  which  the  interest 
is  not  in  default  at  amortized  values,  and  its  other  investments 
at  a  reasonable  valuation. 

For  the  purposes  aforesaid,  the  insurance  commissioner  or 
other  persons  making  examination  shall  have  access  to  all 
the  securities,  books  and  papers  of  the  retirement  system,  and 
may  summon  and  administer  oaths  and  examine  as  witnesses 
the  members  of  the  board  of  retirement  or  any  other  person 
relative  to  the  financial  affairs,  transactions  and  condition  of 
the  retirement  system.  The  insurance  commissioner  shall 
preserve  in  a  permanent  form  a  full  record  of  the  proceed- 
ings at  such  examination,  and  the  results  thereof.  Upon  the 
completion  of  such  examination,  verification  and  valuation, 
the  insurance  commissioner  shall  make  a  report  in  writing  of 
his  findings  to  the  board  of  retirement,  and  shall  send  a  copy 
thereof  to  the  governor  and  the  executive  council  of  the  com- 
monwealth. 

Section  9.  If,  in  the  judgment  of  the  insurance  com- 
missioner, the  commonwealth  or  the  board  of  retirement  has 
violated  or  neglected  to  comply  with  any  of  the  pro\isions 
of  this  act,  or  of  the  rules  and  regulations  established  by  the 
board  of  retirement  hereunder,  he  shall  give  notice  thereof 
to  the  governor  of  the  commonwealth  and  to  the  board  of 
retirement,  and  tliereafter  if  such  violation  or  neglect  con- 
tinues shall  forthwith  present  the  facts  to  the  attorney-gen- 
eral for  his  action. 

Section  10.  The  superior  court  shall  have  juri.sdiction 
in  equity  upon  petition  of  the  insurance  commissioner  or  of 
any  interested  party  to  compel  the  obser\ance  and  restrain 
the  violation  of  this  act,  and  of  the  rules  and  regulations 
established  by  the  board  of  retirement  hereunder. 

Section  11.    This  act  shall  take  effect  upon  its  pa.ssage. 

Appromd  June  7,  1911. 


Chap.^iiS  An  Act  making  .\ppropki.vtions  for  the  Massachusetts 

agricultural  college. 

Be  it  enacted,  etc.,  as  follows: 
Appropria-  Section  1.     TIic  suuis  luM'cinaftcr  mentioned  are  appro- 

tions,  Mas-  •  i  i  •  i  i-      i  i-     i  i    i 

uachuK.tts         ])riated,  to  he  paid  out  oi  tlie  treasury  di  the  eomnioiiwealtn 
Coiiege.  "'^''      from  the  ordinary  revenue,  for  the  Massachusetts  Agricultural 


Acts,  1911.  — Chap.  534.  555 

College,  for  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eleven,  to  wit:  — 

For  providing  one  hundred  and  twenty  free  scholarships,  Freeschoiar- 
the  sum  of  fifteen  thousand  dollars.  ^  '^^' 

For  providing  the  theoretical  and  practical  education  re-  Theoretical 
quired  by  the  charter  of  the  college  and  by  the  laws  of  the  education  " 
United  States  relating  thereto,  the  sum  of  forty-seven  thou- 
sand five  hundred  dollars. 

For  the  general  maintenance  of  the  college,  including  heat.  Maintenance. 
light  and  water,  the  sum  of  thirty-five  thousand  dollars. 

For  a  graduate  school,  the  sum  of  twenty-five  hundred  ^/jfoo"**'^ 
dollars. 

For  a  labor  fund  for  the  assistance  of  needy  students,  the  Labor  fund. 
sum  of  seventy-five  hundred  dollars. 

For  maintenance  of  the  veterinary  laboratory,  the  sum  Veterinary 

n  .1  I     1    11  laboratory. 

CI  one  thousand  dollars. 

For  maintaining  an  agricultural  experiment  station,  the  Experiment 
sum  of  ten  thousand  five  hundred  dollars. 

For  collecting  and  analyzing  samples  of  concentrated  com-  Commercial 
mercial  feed  stuffs,  a  sum  not  exceeding  three  thousand  dol- 
lars. 

For  travelling  and  other  necessary  expenses  of  the  trustees.  Expenses 
a  sum  not  exceeding  eight  hundred  dollars. 

For  printing  and  binding  the  reports  of  the  trustees,  a  Reports. 
sum  not  exceeding  three  thousand  dollars. 

For  the  establishment  of  a  normal  department  for  the  pur-  Normal  de- 
pose of  giving  instruction  in  the  elements  of  agriculture  to 
persons  desiring  to  teach  the  same  in  the  public  schools,  the 
sum  of  five  thousand  dollars. 

For  short  courses  in  agriculture,  the  sum  of  fifteen  thou-  Courses  in 

°  '  agriculture. 

sand  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

{Tlie  foregoing  was  laid  before  the  Governor  on  the  first  day 
of  June,  '1911,  and,  after  five  days  it  had  "the  force  of  a  law", 
as  prescribed  by  the  Constitution,  as  it  was  not  returned  by  him 
with  his  objections  thereto  within  that  time.) 

An  Act  relative  to  the  appointment  of  inspectors  of  Chap.5'd4: 

SLAUGHTERING. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     Section    one   hundred   and   one   of   chapter  R- 1^-  ^5, 

.  §  101,  etc. 

seventy-five  of  the  Revised  Laws,  as  amended  by  section  amended." 
three  of  chapter  two  hundred  and  ninety-seven  of  the  acts  of 


556 


Acts,  1911.  —  CiiAr.  535. 


Slaughtering 
of  cattle, 
etc. 


1911,  297, 
§  6,  amended. 


Appointment 
and  compen- 
sation of  in- 
spectors, etc. 


the  year  nineteen  hundred  and  eleven,  is  hereby  further 
amended  by  striking  out  the  words  "an  inspector  of  the 
state  board  of  health",  in  the  fifth  and  sixth  lines,  and  in- 
serting in  place  thereof  the  words:  —  a  member  of  the  lM)ard 
of  health  or  of  an  inspector  appointed  therefor  by  said  board, 
—  so  as  to  read  as  follows:  —  Section  101.  A  licensee  under 
the  provisions  of  the  preceding  section  shall  not  slaughter 
any  such  animals,  or  cause  them  to  be  slaughtered  at  such 
slaughter  house  or  establishment,  on  any  days  other  than 
those  specified  in  the  application  for  such  license,  except  in 
the  presence  of  a  member  of  the  board  of  health  or  of  an 
inspector  appointed  therefor  by  said  board;  but  he  may  at 
any  time  change  the  days  for  slaughtering  such  animals,  by 
giving  at  least  seven  days'  written  notice  thereof  to  the  board 
or  officer  authorized  to  issue  licenses,  who  shall  immediately 
give  written  notice  of  such  change  to  such  inspector  of  such 
city  or  town. 

Section  2.  Section  six  of  chapter  two  hundred  and  ninety- 
seven  of  the  acts  of  the  vear  nineteen  hundred  and  eleven  is 
hereby  amended  by  striking  out  said  section  and  inserting 
in  place  thereof  the  following:  —  Section  6.  For  the  pur- 
poses of  this  act  inspectors  shall  be  appointed,  shall  be  com- 
pensated, and  may  be  removed  in  accordance  with  the  pro- 
visions of  law  relating  to  inspectors  of  animals,  except  that 
the  appointment  of  such  inspectors  shall  be  made  by  the  local 
boards  of  health  and  except  that  in  respect  to  such  inspectors 
the  state  board  of  health  shall  perform  the  duties  and  exercise 
the  authority  imposed  by  law  upon  the  chief  of  the  cattle 
bureau  of  the  state  board  of  agriculture  in  respect  to  inspect- 
ors of  animals.  The  first  appointments  under  this  act  shall 
be  made  within  thirty  days  after  its  passage. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  9,  1911. 


Cliap.r)^^  An  Act  to  authorize  the  taking  of  additional  land 

IN  THE  CITY  OF  QUINCY  FOR  A  BUILDING  FOR  THE  DISTRICT 
COURT   OF   EAST   NORFOLK. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  commissioners  of  the  county  of 
Norfolk  are  hereby  authorized  to  take  by  right  of  eminent 
domain  such  additional  land  as  may  he  neetled  for  the  con- 
struction in  the  city  of  Quincy  of  the  county  building  author- 


Land  may  1)0 

taken  fur  the 
construction 
of  a  county 
building. 


Acts,  1911.  — Chap.  536.  557 

ized  by  chapter  four  hundred  .and  seventy-seven  of  the  acts 
of  the  year  nineteen  hundred  and  ten. 

Section  2.  Said  county  commissioners  shall,  within  thirty  Taking  to  be 
days  after  taking  land  under  this  act,  file  and  cause  to  be  etc!"^  ^  ' 
recorded  in  the  registry  of  deeds  of  Norfolk  county  a  descrip- 
tion thereof,  as  certain  as  is  required  in  a  common  convey- 
ance of  land,  with  a  statement  of  the  purposes  for  which  it 
is  taken,  which  description  and  statement  shall  be  signed  by 
said  commissioners,  or  by  two  of  them,  and  upon  such  filing 
the  title  to  the  land  shall  vest  in  the  county  of  Norfolk. 

Section  3.  All  damages  sustained  by  the  owners  of  the  Damages. 
land  so  taken  shall  be  paid  by  the  county;  and  if  said  com- 
missioners fail  to  agree  with  the  owners  upon  the  amount 
thereof,  the  same  shall  be  determined  in  the  manner  provided 
for  determining  damages  in  the  case  of  land  taken  for  laying 
out  highways,  upon  application  therefor  made  within  one 
year  after  the  filing  of  the  said  description  and  statement. 

Approved  June  9,  1911. 

An  Act  to  provide  for  the  appointment  of  a  commis-  C7iap.536 

SIONER    in    regard    TO    THE    PANAMA    EXPOSITION    AT   SAN 
FRANCISCO. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  governor,  with  tlie  advice  and  consent  Appointment 
of  the  council,  shall,  within  thirty  days  after  the  passage  of  missioner 
this  act,  appoint  a  commissioner  to  visit  the  site  of  the  forth-  p"nama 
coming   Panama   Exposition   at   San   Francisco,   who   shall  ^tc!'°^'*"'°' 
obtain  information  relative  to  the  proposed  location  and 
extent  of  the  exposition  grounds,  ascertain  what  buildings 
are  already  projected  and  their  relative  location,  and  shall 
select  a  site  for  a  Massachusetts  building.     The  commis- 
sioner shall  furnish  a  sketch  or  design  for  such  a  building,  with 
due  regard  to  the  architectural  harmony  of  the  exposition 
buildings  as  a  whole,  and  with  particular  reference  to  the 
requirements    of   Massachusetts    industries.     The    commis- 
sioner shall  furthermore  communicate  w'ith  the  governments 
of  Maine,  New  Hampshire,  Vermont,  Connecticut  and  Rhode 
Island  and  ascertain  whether  it  will,  in  his  judgment,  be 
feasible  for  all  the  New  England  states  to  co-operate  in  the 
erection  of  a  building,  in  lieu  of  a  Massachusetts  building,  to 
represent  New  England,  and  he  shall  also  confer  with  such 
commissioners  as  may  be  appointed  for  a  similar  purpose  by 


558  Acts,  1911.  — Chap.  537. 

the  other  New  England  states  in  regard  to  such  a  New  Eng- 
land building,  and  in  regard  to  whatever  plans  and  projects 
may  be  under  way  by  other  New  England  states  for  repre- 
sentation at  the  exposition.  He  shall  prepare  a  preliminary 
general  estimate  of  the  cost  of  a  Massachusetts  building  and, 
in  conference  with  represcntati\es  of  the  other  New  England 
states,  he  may  also  prepare  joint  estimates  of  the  cost  of  a 
New  England  building,  to  be  built  instead  of  the  said  INIassa- 
chusetts  building.  The  commissioner  shall  perform  such 
additional  duties  in  connection  with  the  foregoing  work  as 
may  be  assigned  to  him  by  the  governor  and  council  and  he 
shall  report  his  recommendations  to  the  general  court  not 
later  than  the  fifteenth  day  of  January  in  the  year  nineteen 
hundred  and  twelve. 
uTrer**'  Section  2.     For  the  expenditures  necessarily   made  by 

the  commissioner  under  this  act,  a  sum  not  exceeding  one 
thousand  dollars  shall  be  paid  from  the  treasury  of  the  com- 
monwealth. 
Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  9,  1911. 

Chap.537  An  Act  to  provide  that  towns  whose  valuation  is  less 

THAN    ONE    MILLION    DOLLARS    SHALL    BE    REIMBURSED    FOR 
certain    high    SCHOOL    EXPENSES. 

Be  it  enacted,  etc.,  as  follows: 
?„^-5-'  Section  three  of  chapter  fortv-two  of  the  Revised  Laws, 

§  3    etc.  . 

amended.  as  amended  by  chapter  four  himdred  and  thirty-three  of  the 
acts  of  the  year  nineteen  hundred  and  two,  is  hereby  further 
amended  by  striking  out  the  words  "seven  hundred  and 
fifty  thousand",  in  the  twenty-second  line,  and  also  in  the 
twenty-fifth  line,  and  inserting  in  place  thereof,  in  each  case, 
the  words:  —  one  million,  - —  so  as  to  read  as  follows:  — 
Tuition  of  Section  3.  A  town  of  less  than  five  hundred  families  or 
towns  having  houscholdcrs  HI  which  a  public  high  school  or  a  public  school 
school,  etc.  of  col-responding  grade  is  not  maintained  shall  pay  for  the 
tuition  of  any  child  who  resides  in  said  town  and  who,  with 
the  i)revious  approval  of  the  school  committee  of  his  town, 
attends  the  high  school  of  another  town  or  city.  If  such 
town  neglects  or  refuses  to  pay  for  such  tuition,  it  shall  be 
liable  therefor  to  the  parent  or  guardian  of  a  child  who  has 
been  furnished  with  such  tuition  if  the  parent  or  guardian 
has  paid  for  the  same,  and  otherwise  to  the  city  or  town  fur- 
nishing the  same,  in  an  action  of  contract.     If  the  school 


Acts,  1911.  — CiiAr.  538.  559 

committee  of  a  town  in  which  a  public  high  school  or  public 
school  of  correspoiuling  grade  is  not  maintained  refuses, 
upon  the  completion  by  a  pupil  resident  therein  of  the  course 
of  study  provided  by  it,  to  approve  his  attendance  in  the  high 
school  of  some  other  city  or  town  which  he,  in  the  opinion 
of  the  superintendent  of  schools  of  the  town  in  which  he  is 
resident  is  qualified  to  enter,  the  town  shall  be  liable  in  an 
action  of  contract  for  his  tuition.  A  town  whose  valuation  is 
less  than  one  million  dollars  shall  be  entitled  to  receive  from 
the  treasury  of  the  commonwealth  all  necessary  amounts,  and 
a  town  whose  valuation  exceeds  one  million  dollars,  but  whose 
number  of  families  is  less  than  five  hundred,  shall  be  entitled 
to  receive  from  the  treasury  of  the  commonwealth  half  of  all 
necessary  amounts  which  have  actually  been  expended  for 
high  school  tuition  under  the  provisions  of  this  section:  jjro-  Proviso. 
mded,  that  such  expenditure  shall  be  certified  under  oath  to 
the  board  of  education  by  its  school  committee  within  thirty 
days  after  the  date  of  such  expenditure ;  but,  if  a  town  of  less 
than  five  hundred  families  maintains  a  high  school  of  its  own 
of  the  character  described  in  section  two  of  this  chapter  and 
employs  at  least  two  teachers  therein,  it  shall  be  entitled  to 
receive  annually  from  the  treasury  of  the  commonwealth 
toward  the  support  of  such  high  school  the  sum  of  three  hun- 
dred dollars.  No  town  the  valuation  of  which  averages  a 
larger  sum  for  each  pupil  in  the  average  membership  of  its 
public  schools  than  the  corresponding  average  for  the  com- 
monwealth shall  receive  money  from  the  commonwealth  under 
the  provisions  of  this  section;  and  no  expenditure  shall  be 
made  by  the  commonwealth  on  account  of  high  school  in- 
struction under  the  provisions  of  this  section  unless  the  high 
school  in  which  such  instruction  is  furnished  has  been  ap- 
proved by  the  board  of  education. 

Ay  proved  June  9,  1911. 

An  Act  to  authorize  the  county  of  Bristol  to  expend  rjJiQrf  533 

CERTAIN  SUMS  OF  MONEY  FOR  THE  LAW  LIBRARY  IN  TAUN- 
TON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section   one   of   chapter  two   hundred   and  g^/'amJnded 
seventy-nine  of  the  acts  of  the  year  nineteen  hundred  and 
seven  is  hereby  amended  by  striking  out  the  word  "and",  ' 

in  the  third  line,  and  by  inserting  after  the  words  "Fall 
River",  in  the  fourth  line,  the  words:  —  and  Taunton, — 


560 


Acts,  1911.  — Chai>.  539. 


Maintenance 
of  law 
libraries  in 
certain  cities. 


SO  as  to  read  as  follows :  —  Section  1 .  The  county  of  Bristol 
may  expend  annually  a  sum  not  exceeding  nine  hundred 
dollars  for  each  of  the  law  libraries  established  by  law  in 
New  Bedford,  Fall  River  and  Taunton,  this  sum  to  be  in 
addition  to  any  sums  now  authorized  by  law  to  be  expended 
for  the  purposes  of  such  libraries  and  to  be  in  lieu  of  the 
naturalization  fees  heretofore  expended  for  them. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Ajjyroved  June  9,  1911. 


Cha2?.539 


Employment 
of  locomotive 
engineers, 
etc. 


Conductors. 


Violations 
of  act. 


Provisions 
of  law 
construed. 


Penalty. 


Application 
of  act. 


An  Act  relative  to  the  EMPLO"iT\IENT  OF  LOCOMOTIVE 
ENGINEERS  AND  CONDUCTORS  BY  RAILROAD  CORPORA- 
TIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  No  person  shall  act  as  a  locomotive  engineer 
unless  he  shall  have  been  employed  two  years  as  a  locomotive 
fireman  or  as  an  engineer's  helper,  or,  prior  to  the  passage  of 
this  act,  shall  have  been  employed  as  a  locomotive  engineer. 

Section  2.  No  person  shall  act  as  a  conductor  on  a  rail- 
road train  unless  he  shall  have  been  employed  as  a  brakeman 
for  two  years,  or,  prior  to  the  passage  of  this  act,  shall  have 
been  employed  as  a  conductor  on  a  railroad  train. 

Section  3.  No  person  shall  knowingly  engage,  promote, 
require,  persuade,  prevail  upon,  or  cause  any  person  to  act 
in  violation  of  either  of  the  preceding  sections. 

Section  4.  Nothing  in  this  act  shall  be  construed  as 
applying  to  the  operating  of  locomotive  engines  by  engine 
hostlers  in  or  around  engine  houses.  In  the  event  of  the 
disability  of  an  engineer  or  conductor  on  the  road,  railroad 
companies  may  employ  persons  without  the  qualifications 
prescribed  by  this  act,  but  only  for  the  purpose  of  reaching  a 
terminal  station. 

Section  5.  Any  violation  of  the  provisions  of  this  act 
shall  be  punished  by  imprisonment  for  not  more  than  one 
year,  or  by  a  fine  of  not  more  than  five  hundred  dollars,  or 
by  both  such  imprisonment  and  fine,  and  each  day's  viola- 
tion shall  constitute  a  separate  offence. 

Section  0.  This  act  shall  apply  to  standard  gauge  rail- 
roads only. 

Section  7.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  10,  1911. 


Acts,  1911.  —  Chains.  540,  511,  542.  561 


An  Act  to  authorize  the  park  commissioners  of  the  C7iaj).540 

CITY  OF  BOSTON  TO  PERMIT  THE  SCHOOL  AUTHORITIES  OF 
THAT  CITY  TO  ERECT  A  BUILDING  FOR  THE  HIGH  SCHOOL 
OF  COMMERCE  WITHIN  THE  LIMITS  OF  THE  PARK  SYSTEM 
OF  THE  CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  park  commissioners  of  the  city  of  Bos-  Erection  of 
ton  are  hereby  authorized,  upon  the  request  of  the  school-  for"the'"^ 
house  commissioners  of  the  city,  with  the  approval  of  the  of^commwce 
school  committee  of  the  city,  to  permit  the  erection  of  a  in  Boston, 
building  for  the  High  School  of  Commerce  within  the  limits 
of  the  Back  Bay  Fens  in  the  city  of  Boston. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  10,  1911. 


An  Act  relative  to  wages  of  employees  of  the  metro-  C/iap.54:l 

POLITAN    PARK    COMMISSION    AND    OF    THE    METROPOLITAN 
WATER  AND   SEWERAGE   BOARD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  wages  paid  by  the  metropolitan  park  wages  of 
commission  and  by  the  metropolitan  water  and  sewerage  employees. 
board  to  laborers  directly  employed  by  them  shall  be  not 
less  than  two  dollars  and  twenty-five  cents  a  day. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

{This  hill,  returned  by  the  governor  to  the  senate,  the  branch 
in  which  it  originated,  with  his  objections  thereto,  ivas  passed 
by  the  senate  June  5,  and,  in  co7icnrrence,  by  the  house  of 
representatives  June  12,  the  objections  of  the  governor  notwith- 
standing, in  the  manner  prescribed  by  the  Constitution;  and 
thereby  has  the  ''force  of  a  laiv".) 


An  Act  relative  to  the  salaries  of  watchmen  in  the  CJiap.54:2 

state     prison     and     in     the     MASSACHUSETTS     REFORMA- 
TORY. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     Each  watchman  at  the  state  prison  or  at  the  salaries  of 
Massachusetts  reformatory  who  has  been  in  said  service  for  Ilfcertahi 
less  than  one  year  shall  receive  an  annual  salary  of  eight  institutions. 
hundred  dollars;  each  watchman  who  has  been  in  said  ser- 


5G2 


Acts,  1011.  — Chap.  513. 


Repeal. 


Time  of 
taking  effect. 


vice  for  more  than  one  year  and  less  than  three  years  shall 
receive  an  annual  salary  of  one  thousand  dollars ;  each  watch- 
man who  has  been  in  said  service  for  three  years  and  less 
tlian  five  years  shall  receive  an  annual  salary  of  twelve  hun- 
dred dollars,  and  each  turnkey  and  watchman  who  has  been 
in  said  service  for  fi\  e  or  more  years  shall  receive  an  annual 
salary  of  thirteen  hundred  dollars. 

Section  2.  So  much  of  sections  nineteen  and  twenty- 
seven  of  chapter  two  hundred  and  twenty-three  of  the 
Revised  Laws,  and  of  chapter  four  hundred  and  thirty  of 
the  acts  of  the  ^'ear  nineteen  hundred  and  ten  as  is  incon- 
sistent  herewith  is  hereby  repealed. 

Section  3.  This  act  shall  take  effect  on  the  first  day  of 
December,  nineteen  hundred  and  eleven. 

(Tim  bill,  returned  by  the  governor  to  the  house  of  repre- 
sentatives, the  branch  in  which  it  originated,  ivith  his  objec- 
tions thereto,  ivas  passed  by  the  house  of  representatives  Jmie 
7,  and,  in  concurrence,  by  the  senate  June  13,  the  objections 
of  the  governor  rwtwithstanding,  in  the  manner  prescribed  by 
the  Constitution;  and  thereby  has  the  "force  of  a  laiv".) 


Appropria- 
tions. 


Printing 
a  certain 
rcijort. 


Chap.543  An  Act  in  further  addition  to  the  acts  making  appro- 
priations FOR  SUNDRY  MISCELLANEOUS  EXPENSES  AUTHOR- 
IZED DURING  THE  PRESENT  YEAR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  siuns  hereinafter  mentioned  are  ai)pro- 
])riated,  to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  except  as  herein  otherwise  pro- 
vided, for  the  purposes  specified,  to  wit:  — 

To  provide  for  printing  the  report  of  the  board  of  railroad 
commissioners,  the  tax  commissioner  and  the  bank  conmiis- 
sioner  on  the  assets  and  liabilities  of  the  New  York,  New 
Haven  and  Hartford  Railroad  Company,  as  authorized  by 
chapter  fifty-seven  of  the  resolves  of  the  present  year,  a 
sum  not  exceeding  five  thousand  dollars. 

To  provide  for  printing  the  report  of  the  director  of  the 
bureau  of  statistics  relative  to  certain  outstanding  debts  of 
cities  and  towns,  as  authorized  by  chapter  fifty-eight  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding  two  hundred 
and  fortv  dollars. 

For  an  investigation  by  the  board  of  education  relative 
to  improving  high  schot)!  education  and  furnishing  higher 
education  supplementary  thereto,  as  authorized  by  chapter 


Report  of 

director  of 

l)urenu 

of  statistics. 


Hi  eh  school 
education. 


Acts,  1911.  — Chap.  543.  '  5G3 

sixty  of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
five  hundred  dollars. 

For  reimbursing  the  city  of  Newton  for  maintaining  the  independent 
independent  industrial  school  in  that  city,  as  authorized  by  school  of 
chapter  sixty-one  of  the  resolves  of  the  present  year,  the  sum  ^*^^'*'°- 
of  twenty-five  hundred  dollars. 

For  the  expenses  of  an  investigation  concerning  part-time  Part  time 
schooling  for  working  children,  as  authorized  by  chapter  working^ 
sixty-four  of  the  resolves  of  the  present  year,  a  sum  not  ^•^'''''■'^"• 
exceeding  sixty-five  hundred  dollars. 

To  extend  the  powers  of  the  commission  appointed  to  Liability  of 
consider  the  liability  of  employers  for  injuries  received  by  etcf  °^^'^^' 
employees  in  the  course  of  their  employment,  as  authorized 
by  chapter  sixty-six  of  the  resolves  of  the  present  year,  a 
sum  not  exceeding  two  thousand  dollars. 

For  the  city  of  Northampton,  for  the  support  of  the  Smith  city  of 
Agricultural  School  and  Northampton  School  of  Industries,     "'   '*™^  °^' 
as  authorized  by  chapter  sixty-seven  of  the  resolves  of  the 
present  year,  the  sum  of  ninety-seven  hundred  and  forty- 
three  dollars. 

To  provide  for  the  establishment  of  a  fish  hatchery,  as  Fish 
authorized   by   chapter  sixty-eight   of  the  resolves  of  the  ^^  ^  ^^^' 
present  year,  a  sum  not  exceeding  eight  thousand  dollars. 

For  Michael  Murphy  and  others,  as  authorized  by  chapter  Michael 
sixty-nine  of  the  resolves  of  the  present  year,  the  sum  of  others. 
five  thousand  dollars,  this  amount  to  be  paid  out  of  the 
Metropolitan  Parks  Maintenance  Fund. 

To  provide  for  the  expenses  of  a  commission  to  investigate  Minimum 

,1  P  1  •  IP  X  xl        wage  boards. 

the  wages  or  women  and  mmors,  and  tor  a  report  on  the 
advisability  of  establishing  minimum  wage  boards,  as  author- 
ized by  chapter  seventy-one  of  the  resolves  of  the  present 
year,  a  sum  not  exceeding  two  thousand  dollars. 

To  provide  for  the  representation  of  the  commonwealth  at  Dedication 
the  dedication  of  military  monuments  at  Valley  Forge,  Penn-  military 
sylvania,  and  Petersburg,  Virginia,  as  authorized  by  chapter  ™°'^"'^^'^  ®- 
seventy-two  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  thirty-five  hundred  dollars. 

For  the   salary  of   the   cashier   in   the   sergeant-at-arms'  ^eTg'lil^t-at- 
department,  as  authorized  by  chapter  sixty  of  the  acts  of  arms'  de- 
the  present  year,  the  sum  of  two  hundred  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appropriated  for 
this  purpose. 

For  the  salary  of  the  assistant  register  of  probate  and  ^gTsfeTof 
insolvency  for  the  county  of  Worcester,  as  authorized  by  prolate  for 


564 


Acts,  1011.  — Chap.  543. 


the  county  of 
Worcester. 


Doorkeepers 
of  the  senate 
and  house. 


Board  of 
agriculture. 


Inspection 
of  apiaries, 
etc. 


Propagation 
of  game 
birds,  etc. 


Actuary, 

insurance 

department, 

etc. 


Assistant 
actuary. 


Board  of 
health. 


chapter  seventy-three  of  the  acts  of  the  present  year,  a  sum 
not  exceeding  seven  hundred  thirty-three  dollars  and  thirty- 
four  cents,  the  same  to  be  in  addition  to  any  amount  hereto- 
fore appropriated  for  this  purpose. 

For  the  salaries  of  the  doorkeepers  of  the  senate  and  house 
of  representatives,  the  sum  of  two  hundred  dollars,  and  for 
the  salaries  of  the  assistant  doorkeepers,  messengers  and 
pages  of  the  senate  and  house  of  representatives,  a  sum  not 
exceeding  two  hundred  and  twenty  dollars,  as  authorized  by 
chapter  one  hundred  and  fifteen  of  the  acts  of  the  present 
year,  the  same  to  be  in  addition  to  any  amount  heretofore 
appropriated  for  this  purpose. 

For  clerical  service  and  for  lectures  before  the  board  of 
agriculture,  as  authorized  by  chapter  one  hundred  and  eighty- 
six  of  the  acts  of  the  present  year,  a  sum  not  exceeding  eight 
hundred  dollars,  the  same  to  be  in  addition  to  the  amount 
authorized  by  chapter  eighty-nine  of  the  Revised  Laws. 

For  expenses  in  connection  with  the  inspection  of  apiaries, 
and  for  the  suppression  of  infectious  and  contagious  bee 
diseases,  as  authorized  by  chapter  two  hundred  and  twenty 
of  the  acts  of  the  present  year,  a  sum  not  exceeding  fourteen 
hundred  dollars. 

To  provide  for  the  establishment  of  a  station  for  the  prop- 
agation of  game  birds  and  animals  by  the  commissioners  on 
fisheries  and  game,  as  authorized  by  chapter  two  hundred 
and  seventy-one  of  the  acts  of  the  present  year,  a  sum  not 
exceeding  ten  thousand  dollars. 

For  the  salary  of  the  actuary  in  the  insurance  department, 
a  sum  not  exceeding  three  hundred  and  fourteen  dollars, 
and  for  the  salary  of  the  chief  clerk  in  that  department,  a 
sum  not  exceeding  three  hundred  and  fourteen  dollars,  as 
authorized  by  chapter  two  hundred  and  ninety-two  of  the 
acts  of  the  present  year,  the  same  to  be  in  addition  to  any 
amounts  heretofore  appropriated  for  these  i)urposes. 

The  salary  of  the  assistant  actuary  in  the  insurance  de- 
partment, as  authorized  by  chapter  two  hundred  and  ninety- 
two  of  the  acts  of  the  present  year,  shall  be  i^aid  out  of  the 
appropriation  already  made  for  a  second  clerk  in  that  depart- 
ment, the  office  of  second  clerk  having  been  abolished  by 
said  act. 

The  state  board  of  health  may  expend  for  the  purposes  of 
food  and  drug  inspection,  as  authorized  by  chajiter  two  hun- 
dred and  ninety-six  of  the  acts  of  the  present  year,  the  sum 
of  three  thousand  dollars,  the  same  to  be  in  addition  to  the 


Acts,  1911.  — Chaps.  544,  545.  565 

amount  authorized  by  chapter  two  hundred  and  eight  of  the 
acts  of  the  year  nineteen  hundred  and  seven. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  14,  1911. 

An  Act  to  authorize  the  town  of  billerica  to  make  Chap.54:4: 

AN   additional  WATER   LOAN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Billerica,  for  the  purpose  of  Addrn'onai 
extending  and  improving  its  water  service,  may  borrow  Water  Loan, 
money  from  time  to  time  and  issue  therefor  negotiable  bonds, 
notes  or  scrip  to  an  amount  not  exceeding  fifty  thousand 
dollars,  in  addition  to  the  amounts  heretofore  authorized  by 
law  to  be  issued  by  the  town  for  water  purposes.  Such  bonds, 
notes  or  scrip  shall  be  signed  by  the  treasurer  of  the  town  and 
countersigned  by  the  water  commissioners,  shall  be  denomi- 
nated on  the  face  thereof,  Billerica  Additional  Water  Loan, 
Act  of  1911,  shall  be  payable  at  the  expiration  of  periods  not 
exceeding  thirty  years  from  the  dates  of  issue,  and  shall  bear 
interest,  payable  semi-annually,  at  a  rate  not  exceeding  four 
and  one  half  per  cent  per  annum.  The  town  ma}^  sell  said 
securities  at  public  or  private  sale,  for  not  less  than  their  par 
value,  upon  such  terms  and  conditions  as  it  may  deem  proper. 

Section  2.  At  the  time  of  authorizing  said  loan,  the  town  Payment 
shall  provide  for  the  payment  thereof  in  such  annual  propor- 
tionate payments,  beginning  not  more  than  five  years  after 
the  date  of  issue,  as  will  extinguish  the  same  within  the  time 
prescribed  in  this  act;  and  when  a  vote  to  that  effect  has 
been  passed  a  sum  which,  with  the  income  derived  from  water 
rates,  will  be  sufficient  to  pay  the  annual  expense  of  operating 
its  water  works  and  the  interest  as  it  accrues  on  the  bonds, 
notes  or  scrip  issued  as  aforesaid,  and  to  make  such  payments 
on  the  principal  as  may  be  required  under  the  provisions  of 
this  act,  shall  without  further  vote  be  assessed  and  collected 
by  the  town  annually  thereafter,  in  a  manner  similar  to  that 
in  which  other  taxes  are  assessed,  until  the  debt  incurred  by 
said  loan  is  extinguished.  Approved  June  14,  1911. 

An  Act  to  authorize  the  city  of  Cambridge  to  incur  Cha7).54:5 
indebtedness  for  the  erection  of  a  city  hospital. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     For  the  purpose  of  acquiring  land  and  erect-  f]^o*i^*'j^j"°[n 
ing  a  building  for  hospital  purposes  in  the  city  of  Cambridge,  the  city  of 

Cambridge. 


506 


Acts,  1911.  —  Chap.  545. 


Certain  pro- 
visions of 
law  to  apply. 


Question  to 
be  submitted 
to  voters, 
etc. 


Time  of 
taking  effect. 


the  said  city  may  incur  indebtedness,  in  excess  of  the  debt 
limit  fixed  by  law,  to  the  amount  of  one  hundred  and  fifty 
thousand  dollars,  and  may  from  time  to  time  issue  bonds, 
notes  or  scrip  therefor,  payable  at  periods  not  exceeding 
twenty  years  from  the  dates  of  issue.  Such  bonds,  notes  or 
scrip  shall  be  signed  by  the  mayor  and  countersigned  by  the 
treasurer  of  the  city,  shall  be  denominated  on  the  face  thereof, 
Cambridge  City  Hospital  Loan,  Act  of  1911,  and  shall  bear 
interest  at  a  rate  not  exceeding  four  per  cent  per  annum. 
The  city  shall  provide  for  the  payment  of  said  indebtedness 
by  such  annual  proportionate  payments  as  will  extinguish 
the  debt  at  maturity. 

Section  2.  Except  as  otherwise  provided  herein  the  pro- 
visions of  chapter  twenty-seven  of  the  Revised  Laws  and  of 
all  acts  in  amendment  thereof  and  in  addition  thereto  shall, 
so  far  as  they  may  be  applicable,  apply  to  the  indebtedness 
hereby  authorized  and  to  the  securities  issued  therefor. 

Section  3.  This  act  shall  be  submitted  for  acceptance 
to  the  voters  of  the  city  of  Cambridge  at  the  state  election 
in  the  current  year  and  the  following  questions  shall  be 
placed  on  the  official  ballot  for  said  city  at  that  election: 
"Shall  an  act  passed  by  the  general  court  in  the  year  1911, 
entitled  'An  Act  to  authorize  the  city  of  Cambridge  to 
incur  indebtedness  for  the  erection  of  a  city 
hospital',  be  accepted?"  "If  said  hospital  is 
erected,  shall  the  indebtedness  incurred  by  its  erection 
be  within  the  debt  limit  fixed  by  law  for  Cam- 
bridge?" 

Section  4.  This  act,  so  far  as  it  authorizes  the  submission 
to  the  voters  of  the  city  of  Cambridge,  shall  take  effect  upon 
its  passage,  but  it  shall  not  further  take  effect  unless  accepted 
by  a  majority  of  the  voters  of  the  city  of  Cambridge  voting 
thereon  at  the  next  state  election;  and  if  a  majority  of  the 
voters  vote  in  the  affirmative  in  answer  to  the  first  of  the 
above  questions  the  act  shall  take  eft'ect  so  far  as  to  authorize 
the  erection  of  said  hospital,  the  acquiring  of  land  and  the 
issue  of  bonds;  and,  if  a  majority  of  the  voters  voting  thereon 
shall  vote  in  the  affirmative  in  answer  to  the  second  of  said 
questions,  then  the  bonds  issued  by  said  city  on  account  of 
said  hospital  shall  be  within  tlie  debt  limit  of  tlie  city,  but 
otherwise  said  bonds  shall  be  outside  said  debt  limit. 

Approved  June  14y  1911, 


TES. 

NO. 

YES. 

NO. 

Acts,  1911.  — Chap.  546.  567 


An  Act  to  approve  the  acquisition  by  the  united  vSTAtes  Cha7).5i6 

OF   A   TRACT   OF   LAND   IN   THE   CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  consent  of  the  commonwealth  is  hereby  The  united 
granted  to  the  United  States  of  America  to  acquire  by  pur-  acqu1r"a^"^ 
chase  or  by  condemnation  lands  situated  in  the  city  of  Bos-  of'iand  Z^^ 
ton  lying  on  the  northerly  side  of  Boston  harbor,  in  that  part  Boston. 
of  Boston  known  as  East  Boston,  containing  about  three 
acres,  to  be  described  in  a  plan  or  plans  to  be  approved  by 
the  harbor  and  land  commissioners,  and  to  be  used  for  the 
purposes  of  an  immigration  station  and  for  other  purposes 
of  the  department  of  commerce  and  labor  of  the  United  States 
government. 

Section  2.  Jurisdiction  over  the  area  so  to  be  acquired  Jurisdiction. 
is  hereby  granted  and  ceded  to  the  United  States:  ■proinded,  p^o^'^o^- 
always,  that  the  commonwealth  shall  retain  concurrent  juris- 
diction with  the  United  States  in  and  over  the  area  so  ac- 
quired, so  far  that  all  civil  and  criminal  processes  issuing 
under  the  authority  of  the  commonwealth  may  be  executed 
on  said  land  and  in  any  buildings  now  or  hereafter  thereon, 
in  the  same  manner  as  if  jurisdiction  had  not  been  granted 
as  aforesaid;  and  provided,  also,  that  the  exclusive  jurisdic- 
tion shall  revert  to  and  revest  in  the  commonwealth  when- 
ever the  area  so  acquired  shall  cease  to  be  used  for  the 
purposes  mentioned  in  section  one  hereof. 

Section  3.     The    commonwealth    hereby    cedes    to    the  cession  of 
United  States  of  America  all  tide  water  lands  belonging  to  waters. 
the  commonwealth  within  the  area  to  be  acquired  as  afore- 
said, and  hereby  grants  to  the  United  States  the  exclusive 
use  and  occupation  thereof,  together  with  the  right  to  fill 
and  dredge  thereon,  and  to  erect  and  maintain  any  and  all 
structures  thereon:  froiyided,   however,  that  the  same  shall  proviso. 
revert  to  and  revest  in  the  conmionwealth  whenever  the  said 
lands  shall  cease  to  be  used  for  the  purposes  set  forth  in  this 
act. 

Section  4.     This  act  shall  be  void  unless  plans  of  the  land  deposited^*n 
acquired  under  the  provisions  of  this  act,  and  approved  by  [|J^  ° J^et^'^y 
the  harbor  and  land  commissioners,  shall  be  deposited  in  oftiiecom- 
the  office  of  the  secretary  of  the  commonwealth  within  one 
year  after  the  date  of  the  acquisition. 

Approved  June  14,  1911, 


56S 


Acts,  1911.  — Chaps.  547,  518. 


Certain  acts 
confirmed. 


C/tci2J.54J  An  Act  to  ratify  and  confirm  certain  acts  of  the 

TOWN   OF   SOUTH  HADLEY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  action  of  the  town  of  South  Iladlev  at 
a  special  town  meeting  held  on  the  ninth  day  of  May,  nine- 
teen hundred  and  eleven,  in  voting  that  taxes  for  the  year 
nineteen  hundred  and  eleven  be  payable  September  first, 
nineteen  hundred  and  eleven,  and  that  if  taxes  are  unpaid 
on  October  first,  nineteen  hundred  and  eleven,  interest  shall 
be  added  thereto  at  the  rate  of  six  per  cent  per  annum  from 
September  first,  nineteen  hundred  and  eleven,  is  hereby  rati- 
fied and  confirmed. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  14,  1911. 


1906,  172, 
§  1,  amended 


Licenses 
may  bo  issued 
for  carrying 
concealed 
weapons. 


ChapM4:8  An  Act  relative  to  the  carrying  of  concealed  weapons. 
Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Section  one  of  chapter  one  hundred  and 
seventy-two  of  the  acts  of  the  year  nineteen  hundred  and  six 
is  hereby  amended  by  striking  out  the  word  "loaded",  in 
the  fifth  line,  so  as  to  read  as  follows:  —  Section  1.  The 
justice  of  a  court,  or  trial  justices,  the  board  of  police  or 
mayor  of  a  city,  or  the  selectmen  of  a  town,  or  persons  author- 
ized by  them,  respectively,  may,  upon  the  application  of  any 
person,  issue  a  license  to  such  person  to  carry  a  pistol  or 
revolver  in  this  commonwealth,  if  it  appears  that  the  a])pli- 
cant  has  good  reason  to  fear  an  injury  to  his  person  or  prop- 
erty, and  that  he  is  a  suitable  person  to  be  so  licensed. 

Section  2.  Section  two  of  said  chapter  one  hundred  and 
seventy-two,  as  amenfled  by  section  one  of  chapter  three 
hundred  and  fifty  of  the  acts  of  the  year  nineteen  hundred 
and  eight,  is  hereby  further  amended  by  striking  out  the  word 
"  loaded  ",  in  the  third  line ;  by  striking  t)ut  the  word  "  twenty- 
five",  in  the  seventh  line,  and  inserting  in  place  thereof  the 
word:  —  fifty,  —  and  by  inserting  after  the  word  "not",  in 
the  ninth  line,  the  words:  —  less  than  one  month  and  not, 
Penalty.  — SO  as  to  read  as  follows:  —  Section  2.     Whoever,  except 

as  provided  by  the  laws  of  this  commonwealth,  carries  on  his 
person  a  pistol  or  revolver,  without  authority  or  permission 
as  provided  in  section  one  of  this  act,  or  whoever  carries  any 


1906,  172, 
§  2,  amended 


Acts,  1911.  — Chap.  549.  569 

stiletto,  dagger,  dirk-knife,  sliing-shot  or  metallic  knuckles, 
shall  upon  conviction  be  punished  by  a  fine  of  not  less  than 
fifty  nor  more  than  one  hundred  dollars,  or  by  imprisonment 
for  a  term  not  less  than  one  month  and  not  exceeding  one 
year,  or  by  both  such  fine  and  imprisonment. 

Section  3.     Section  nine  of  chapter  two  hundred  and  ?J'"^^',  , 
eleven  of  the  Revised  Laws  is  hereby  amended  by  inserting 
after  the  word  "billy",  in  the  fourth  line,  the  words:  — 
revolver  or  pistol,  loaded  or  unloaded,  —  and  also  by  strik- 
ing out  all  after  the  word  "by",  in  the  fifth  line,  and  insert- 
ing in  place  thereof  the  following:  —  imprisonment  for  not 
less  than  three  months  and  not  more  than  three  years,  —  so 
as  to  read  as  follows :  —  Section  9.     Whoever,  when  arrested  ^a^r" ymg^clr- 
upon  a  warrant  for  an  alleged  crime  and  whoever,  when  taia  weapons, 
arrested  while  committing  a  crime  or  a  breach  or  disturbance 
of  the  public  peace,  is  armed  with  or  has  on  his  person  any 
slung-shot,  metallic  knuckles,  billy,  revolver  or  pistol,  loaded 
or  unloaded,  or  other  dangerous  weapon,  shall  be  punished 
by  imprisonment  for  not  less  than  three  months  and  not  more 
than  three  vears. 

Section  4.     Chapter  two  hundred  and  eighty-three  of  the  Repeal, 
acts  of  the  year  nineteen  hundred  and  eleven  is  hereby 
repealed.  Approved  June  I4,  1911. 

An  Act  to  establish  the  salaries  of  mary  e.  halley  Chap.54:9 

AND    MARY    A.    NASON,    MEMBERS    OF    THE    INSPECTION    DE- 
PARTMENT   OF   THE   DISTRICT   POLICE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  salaries  of  Mary  E.  Halley  and  Marj^  MaryE. 
A.  Nason,  members  of  the  district  police,  shall  hereafter  be  Mary  a^°*^ 
at  the  rate  of  fifteen  hundred  dollars  per  annum.  Nason. 

Section  2.     All  acts  and  parts  of  acts  inconsistent  here-  Repeal, 
with  are  hereby  repealed. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

( The  foregoing  was  laid  before  the  governor  on  the  eighth  day 
of  June,  1911,  and  after  five  days  it  had  "the  force  of  a  laiv", 
as  prescribed  by  the  Constitution,  as  it  was  not  returned  by  him 
with  kis  objections  thereto  within  that  time.) 


570 


Acts,  1911.  — Chap.  550. 


Chap.550  An  Act  relative  to  direct  nomination  of  candidates 

FOR  state  offices,  THE  ELECTION  OF  STATE,  WARD  AND 
TOWN  COMMITTEES  AND  DELEGATES  TO  STATE  CON\^EN- 
TIONS  AND  THE  HOLDING  OF  STATE  CONVENTIONS  OF  PO- 
LITICAL  PARTIES. 


Direct  nom- 
ination for 
candidates  for 
state  oifices, 
etc. 


Date  of 
holding  pri- 
maries, etc. 


Polls  to  he 
open  during 
certain 
hours. 


Nomina- 
tions, etc. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  nomination  of  candidates  of  political 
parties  for  all  offices  to  be  filled  at  a  state  election,  excepting 
the  office  of  presidential  elector,  and  the  election  of  district 
members  of  state  committees,  members  of  ward  and  town 
committees,  and  of  delegates  to  state  conventions  of  politi- 
cal parties  shall  be  by  direct  plurality  vote  in  primaries. 

The  number  of  district  members  of  the  state  committee, 
not  less  than  one  from  each  senatorial  district,  and  the 
number  of  delegates  to  the  state  convention,  not  less  than 
one  for  each  ward  or  town,  to  be  elected,  shall  be  fixed  by  the 
state  committee,  and  the  number  of  members  of  ward  and 
town  committees,  not  less  than  three  for  each  ward  and 
town,  to  be  elected,  shall  be  fixed  by  the  city  and  town 
committees.  Notice  of  the  number  of  delegates  and  of  mem- 
bers of  committees  shall  be  given  by  the  state,  city  or  town 
committees,  as  the  case  may  be,  to  the  secretary  of  the 
commonwealth,  on  or  before  the  first  day  of  August.  Wher- 
ever in  this  act  the  word  "aldermen"  is  used  it  shall  include 
the  boards  or  officials  having  the  powers  of  aldermen  in  a 
city  which  does  not  have  a  board  of  aldermen. 

Section  2.  Such  primaries  shall  be  held  on  the  sixth 
Tuesday  preceding  the  state  election. 

In  cities  or  towns  where  the  question  of  holding  primaries 
by  wards,  precincts,  or  groups  of  precincts  is  determined  l)y 
the  aldermen  or  selectmen,  notice  of  such  determination  shall 
be  given  to  the  secretary  of  the  commonwealth,  by  the  alder- 
men or  selectmen  on  or  before  the  first  day  of  August. 

Section  3.  The  polls  at  every  primary  shall  be  open 
during  such  hours,  not  less  than  nine  in  cities  or  two  in  towns, 
as  may  be  designated  by  the  board  of  election  commissioners 
in  Bo.ston,  the  aldermen  in  other  cities,  and  the  selectmen  in 
towns. 

Section  4.  The  nomination  of  candidates  for  nomina- 
tion at  primaries  shall  be  by  nomination  ])apers.  In  the  case 
of  offices  to  be  filled  bv  all  the  voters  of  the  commonwealth 


Acts,  1911.  — Ciiap.  550.  571 

such  papers  shall  be  signed  in  the  aggregate  by  at  least  one 
thousand  voters,  not  less  than  two  hundred  and  fifty  to  be 
from  each  of  four  different  counties.  In  the  case  of  all  other 
offices  to  be  filled  at  a  state  election,  by  a  number  of  voters 
equal  in  the  aggregate  to  five  v-oters  for  each  ward  or  town 
in  the  district  or  county,  but  in  no  case  shall  more  than  two 
hundred  and  fifty  be  required. 

The  nomination  of  candidates  for  election  at  primaries 
shall  be  made  as  in  the  case  of  candidates  for  nomination 
for  state  offices  other  than  those  to  be  filled  by  all  the  voters 
of  the  commonwealth. 

Section  5.     Every  nomination  paper  shall  state,  in  addi-  Nomination 

•  I'll-  •  •  papers,  etc. 

tion  to  the  name  of  the  candidate,  (1)  his  residence,  with 
street  and  number  thereof,  if  any,  (2)  the  office  for  which  he 
is  nominated,  (3)  the  political  party  which  he  represents, 
and  the  paper  may  state,  in  not  more  than  eight  words,  the 
occupation  of  the  candidate,  the  public  offices  which  he  has 
held,  or  that  he  is  a  candidate  for  renomination,  provided 
he  is  at  the  time  an  incumbent  of  the  office  for  which  he  seeks 
renomination  for  another  term,  but  not  otherwise.  Every 
voter  who  signs  such  paper  shall  sign  it  in  person,  with  his 
full  surname,  his  Christian  name,  and  the  initial  of  every 
other  name  which  he  may  have,  and  shall  state  his  residence 
of  the  previous  first  day  of  April,  as  well  as  the  place  where 
he  is  then  living,  with  the  street  and  number  thereof;  but 
any  voter  who  is  prevented  by  physical  disability  from  writ- 
ing, or  who  had  the  right  to  vote  on  the  first  day  of  May  in 
the  year  eighteen  hundred  and  fifty-seven,  may  authorize 
some  person  to  write  his  name  and  residence  in  his  presence; 
and  every  voter  may  sign  as  many  nomination  papers  for 
each  office  to  be  filled  as  there  are  persons  to  be  nominated 
for  or  elected  thereto,  and  no  more. 

Such  paper  shall  also  contain  the  statement  that  the  sign- 
ers thereof  are  members  of  the  party  represented  by  the 
candidate  and  are  entitled  to  vote  in  the  caucuses  or  pri- 
maries of  that  party;  and  whoever  knowingly  subscribes 
falsely  to  a  statement  on  a  nomination  paper  shall  be  pun- 
ished by  imprisonment  for  not  more  than  five  days  or  by  a 
fine  not  exceeding  fifty  dollars. 

From  and  after  the  first  day  of  July  in  the  year  nineteen 
hundred  and  twelve  none  but  enrolled  voters  of  the  party 
represented  by  a  candidate  shall  be  entitled  to  sign  the  nomi- 
nation paper  of  such  candidate.     No  nomination  paper  shall 


572 


Acts,  1911.  —  CuAr.  550. 


Nomination 
papers  to  be 
submitted  to 
tlie  registrars 
of  voters,  etc. 


Nomination 
papers. 


Filing  of 

iK)mination 

papers. 


Name  may 
be  with- 
drawn from 
noraiuatiun. 


Vacancies. 


contain  the  name  of  more  than  one  candidate  except  in  the 
case  of  delegates  to  the  state  convention  and  members  of 
ward  and  town  committees. 

Sfxtion  6.  Every  nomination  paper  shall  be  submitted 
on  or  before  five  o'clock  in  the  afternoon  of  the  Saturday  pre- 
ceding the  day  on  which  it  must  be  filed  to  the  registrars  of 
the  city  or  town  in  which  the  signers  appear  to  be  voters, 
and  in  Boston  to  the  election  commissioners,  who  shall  forth- 
with certify  thereon  the  number  of  signatwres  which  are 
names  of  voters,  and  from  and  after"  the  first  dajf  of  July  in 
the  year  nineteen  hundred  and  twelve,  enrolled  voters,  of  the 
party  represented  by  the  candidate  whose  name  appears  in 
the  nomination  paper  both  in  city  or  town  and  m  the  district 
for  which  the  nomination  is  made.  They  need  not  certify 
a  greater  number  of  names  than  are  requir.ed  ;to  "make  a 
nomination  with  one  fifth  of  such  number  added  thereto. 
Names  not  certified  in  the  first  instance  shall  not^hereafter 
be  certified  on  the  same  nomination- papers.  The  secretary 
of  the  commonwealth  shall  not  be  required  in  any  case  to 
receive  nomination  papers  for  a  candidate  after  receiving 
papers  containing  a  sufficient  number  of  certified  names  to 
make  a  nomination,  with  one  fifth  of  such  number  added 
thereto. 

No  person  shall  be  a  candidate  for  nomination  "for  more 
than  one  office  for  which  nominations  are  made  under  this 
act;  but  this  shall  not  apply  to  candidates  for  membership 
in  political  committees  or  delegations  to  the  state  convention. 

Section  7.  Nomination  papers  for  use*  under  this  act 
shall  be  prepared  and  furnished  by  the  secretary  of  the  com- 
monwealth, upon  request. 

Section  8.  All  nomination  papers  of  candidates* to  be 
voted  for  at  state  primaries  under  this  act  shall  be  filed  with 
the  secretary  of  the  commonwealth  on  or  before  the  foiu'th 
Tuesday  {)receding  the  day  of  the  primaries. 

Section  9.  A  person  who  is  nominated  to  be  voted  for 
at  a  primary  under  this  act  may,  within  seventy-two  week- 
day hours  succeeding  five  o'clock  of  the  last  day  fixed  for 
filing  nomination  ])apers,  withdraw  his  name  from  nomina- 
tion by  a  request  in  writing  signed  by  him  and  acknowledged 
before  a  justice  of  the  peace,  and  filed  with  the  secretary  of 
the  commonwealth. 

Section  10.  If  a  person  nominjtted  to  be  voted  for  at  a 
primary  under  this  act  dies  before  the  day  of  the  primary, 
or  withdraws  his  name  from  nomination,  or  is  found  to  be 


Acts,  1911.  — Chap.  550.  573 

ineligible,  the  vacancy  may  be  filled,  in  the  case  of  a  candidate 
for  nomination,  by  the  state  committee,  if  the  candidate  is 
one  to  be  voted  for  by  all  the  voters  of  the  commonwealth; 
and  in  the  case  of  all  other  candidates,  by  the  members  of 
the  ward  and  town  committees  in  the  wards  and  towns  com- 
prising the  respective  districts,  and  in  the  case  of  a  candidate 
for  election,  by  the  said  ward  and  town  committees :  yromded,  Proviso. 
however,  that  the  death,  withdrawal  or  ineligibility  of  a  can- 
didate for  nomination  shall  not  be  treated  as  creating  a 
vacancy  to  fee  filled  unless  by  reason  of  such  vacancy  there 
would  be  no  candidate  for  the  party  nomination  for  the  office. 

Section  1,1 .     Obiections  to   nomination  papers   and   all  objections 

■    %  ,•'     .  1      11     1  •  1  1  1    *"  noinina- 

other  questions   relatmg  thereto   shall    be   considered   and  tion  papers. 
determined  by  the  state  ballot  law  commission. 

Section  12.  '  Ballots  for  use  at  primaries  under  this  act  Ballots  for 
shall  be  prepared  and  provided,  and  the  number  thereof  primaries. 
determined,  by  the  secretary  of  the  commonwealth,  and  no 
other  ballots  shall  be  received  or  counted:  provided,  however,  Proviso. 
that  if  the  ballots  provided  fo?  any  polling  place  are  not 
delivered,  or  if  after  delivery  they  are  lost,  destroyed  or 
stolen,  the  city  or  town  clerk  or  election  commissioners  shall 
prepare  ballots  similar  as  far  as  possible,  which  ballots  may 
be  used. 

In  the  preparation  of  the  ballot  names  of  candidates  for  Preparation 
ward  or  town  committees  and  for  delegates  to  the  state  con-  ° 
vention  shall  be  arranged  in  groups  in  such  order  as  may  be 
determined  by  lot,  under  the  direction  of  the  secretary  of 
the  commonwealth,  who  shall  notify  each  state  committee 
and  give  a  representative  of  each  committee  an  opportunity 
to  be  present ;  provided ,  however,  that,  when  necessary,  groups  Proviso. 
may  be  printed  on  the  ballot  in  two  or  more  columns. 

Section  13.  When,  in  a  primary,  a  voter  seeks  to  pass  Party en- 
the  guard  rail,  he  shall  be  asked  by  one  of  the  ballot  clerks, 
with  which  political  party  he  desires  to  be  enrolled,  and  the 
ballot  clerk  upon  reply  shall  distinctly  announce  the  name 
of  such  political  party  and  give  him  such  political  party 
ballot.  The  voter's  selection  shall  be  checked  on  the  voting 
list  used  by  the  ballot  clerk  and  such  list  shall  be  returned 
to  the  election  commissioners  in  Boston,  or  to  the  city  clerk 
in  any  other  city,  or  to  the  town  clerk  in  towns,  for  preserva- 
tion during  the  next  succeeding  five  calendar  years. 

The  party  enrolment  of  voters  on  such  voting  lists,  and  all 
subsequent  party  enrolment  of  voters,  shall  be  transferred 
each  year  to  the  voting  lists  used  at  subsequent  primaries, 


574 


Acts,  1911.  — CuAr.  550. 


Enrolment 
may  be  can- 
celled, etc. 


Proviso. 


Counting  of 
b<allots. 

Canvass  of 
ballots,  etc. 


providing  the  names  of  such  voters  have  been  entered,  in 
Boston,  in  the  annual  register  prepared  by  the  election  com- 
missioners from  the  police  lists,  and  in  other  cities  and  in 
towns  in  the  annual  register  prepared  from  the  assessors' 
lists. 

Section  14.  No  voter  enrolled  under  the  provisions  of, 
this  chapter  shall  be  allowed  to  receive  the  ballot  of  any  polit- 
ical party  except  that  with  which  he  is  so  enrolled,  but  he 
may  establish,  change  or  cancel  his  enrolment  by  appearing 
in  person  before  the  election  commissioners  in  Boston,  the 
city  clerk  in  any  other  city,  or  the  town  clerk  in  towns,  and 
requesting  in  writing  to  have  his  enrolment  established, 
changed  to  another  party,  or  cancelled:  provided,  that  such 
change  shall  not  take  effect  until  the  expiration  of  ninety 
days  after  the  voter  so  appears,  and  in  case  of  cancellation 
the  voter  shall  not  be  entitled  to  vote  at  any  primary  held 
under  this  act  until  the  expiration  of  one  year  from  the  date 
of  cancellation. 

No  voter  enrolled  as  a  member  of  one  political  party  shall 
be  allowed  to  receive  the  ballot  of  any  other  political  i)arty, 
upon  a  claim  by  him  of  erroneous  enrolment,  except  upon  a 
certificate  of  such  error  from  the  election  commissioners  or 
board  of  registrars,  as  the  case  may  be,  which  .certificate 
shall  be  presented  to  the  presiding  officer  of  the  primary  and 
preserved  as  part  of  the  records  of  such  primary. 

Section  15.  No  ballots  cast  at  a  primary  under  this  act 
shall  be  counted  until  the  close  of  the  polls. 

Section  16.  Upon  the  receipt  of  the  records  of  votes  cast 
at  primaries  held  under  this  act  the  city  or  town  clerk  or 
election  commissioners  shall  forthwith  canvass  the  same  and 
make  return  of  the  votes  for  candidates  for  nomination  for 
state  offices,  and  for  election  as  members  of  the  state  commit- 
tee, to  the  secretary  of  the  commonwealth,  who  shall  forth- 
with canvass  such  returns,  determine  the  results  thereof, 
notify  the  successful  candidates,  and  certify  to  the  state 
committees  the  names  of  the  persons  nominated  for  state 
offices  and  elected  as  members  of  the  state  committees,  and 
as  delegates  to  the  state  conventions. 

Said  clerks  or  commissioners  shall  determine  the  results  of 
the  vote  for  members  of  ward  and  town  committees,  issue 
proper  certificates  thereof  to  the  successful  candidates,  and 
notify  the  chairmen  of  the  city  and  town  committees  of  the 
respective  parties. 


Acts,  1911.  — Chap.  550.  5^ 


yy        JL«y_LJ.  V^AiJiX*         KjrjKJ.  O  t  f) 


Section  17.     In  case  of  a  tie  vote  for  any  candidate  for  Tie  vote. 
nomination  for  an  office  to  he  filled  by  all  the  voters  of  the 
commonwealth  the  vacancy  shall  be  filled  by  the  state  com- 
mittee. 

In  case  of  a  tie  vote  for  any  other  candidate  for  nomina- 
tion the  vacancy  shall  be  filled  by  the  members  of  the  ward 
and  town  committees  in  the  wards  and  towns  comprising 
the  districts  for  which  the  nominations  are  to  be  made. 

If  a  majority  of  a  delegation,  or  of  a  ward  or  town  com- 
mittee, is  not  elected  the  vacancy  shall  be  filled  by  the  ward 
or  town  committees. 

All  vacancies  caused  by  ties  shall  be  filled  only  by  the 
choice  of  one  of  the  candidates  receiving  the  tie  vote. 

St:cTioN  18.  A  political  party  may,  upon  the  call  of  its  state  con- 
state committee,  but  not  earlier  than  one  week  after  the  "^^  '°°'  "^  "* 
holding  of  the  primaries,  hold  a  state  convention  for  the 
purpose  of  adopting  a  platform,  electing  such  number  of 
members  at  large  of  the  state  committee  as  may  be  fixed  by 
the  state  committee,  nominating  presidential  electors,  and 
for  such  other  purposes  not  inconsistent  with  this  act  as  the 
state  committee  or  the  convention  may  determine.  Such 
convention  shall  consist  of  the  delegates  elected  at  the  regu- 
lar primaries  (in  number  not  less  than  one  for  each  ward 
and  town),  the  members  of  the  state  committee,  the  United 
States  senators  from  Massachusetts  who  are  members  of 
the  party,  the  nominees  of  the  party  for  all  offices  to  be 
filled  at  the  state  election,  and  in  years  in  which  no  elections 
are  held  for  such  offices,  the  incumbents  of  those  offices  who 
are  members  of  the  party. 

Section  19.     The  secretary  of  the  commonwealth  may  clerical 
employ  such  temporary  clerical  assistance  as  he  may  deem  ''^^'®**°*'®- 
necessary  to  carry  out  the  provisions  of  this  act:  inomded,  P™viso. 
however,  that  the  provisions  of  chapter  nineteen  of  the  Re- 
vised Laws  and  the  civil  service  rules  made  thereunder  shall 
not  apply  to  such  employment. 

Section  20.  All  existing  provisions  of  law  relating  to  certain  pro- 
primaries  not  inconsistent  with  this  act  shall  apply  thereto  raw*to\ppiy. 
as  far  as  practicable. 

Section  21.     All  acts  and  parts  of  acts  inconsistent  here-  Repeal, 
with  are  hereby  repealed. 

Section  22.     This  act  shall  take  effect  upon  its  passage. 

Ay  proved  June  16,  1911. 


576  Acts,  1911.  — Ciiai>s.  551,  552. 


CJiaj).^^!  An  Act  relative  to  the  appointment  of  administrators 

OF   THE   estates   OF   DECEASED   PERSONS. 

Be  it  enacted,  etc.,  as  follows: 

§^2^' Part  Section  twenty-two  of  Part  IV  of  chapter  four  hmulred 

IV,  amended,     and  ninety  of  the  acts  of  the  year  nineteen  hundred  and 

nine  is  hereby  amended  bv  striking;  out  the  words  "  if  it  then 

appears  that  there  is  no  will  in  existence",  at  the  end  thereof, 

Appiioniion       SO   as   to    read    as    follows:  —  Section   22.      If,    upon   the 

tl-at'i'on  by        deccaso  of  a  person  leaving  an  estate  liable  to  a  tax  under 

mfssioner!"       the  provisious  of  this  part,  a  will  disposing  of  such  estate  is 

not  offered  for  probate,  or  an  application  for  administration 

made  within  four  months  after  such  decease,  the  probate 

court,  upon  application  by  the  tax  commissioner,  shall  appoint 

an  administrator.  Approved  June  16,  1911. 

Chaj).5r)2  An  Act  relative  to  the  construction  of  the  bridge 

OVER  TAUNTON  GREAT  RIVER  BETWEEN  THE  CITY  OF  FALL 
RIVER   AND    THE   TOWN    OF   SOMERSET. 

Be  it  enacted,  etc.,  as  follows: 

sV^amended.        SECTION  1.     Scctiou  six  of  chaptcr  six  hundred  and  fifty- 
four  of  the  acts  of  the  year  nineteen  hvmdred  and  ten  is 
hereby  amended  by  striking  out  all  after  the  word  "bridge", 
in  the  twenty-third  line,  and  inserting  in  place  thereof  the 
words:  —  which  are  hereby  approved  and  confirmed;  and  all 
successors  or  assigns  of  said  Globe  Street  Railway  Company 
shall  be  bound  by  and  subject  to  the  said  conditions,  —  so 
Old  i)ridge        as  to  read  as  follows :  —  Section  6.     After  said  new  bridge, 
moved  when      approaclics  and  ways  have  been  completed  and  opened  for 
is TOinpicted,     usc,  the  railroad  company  aforesaid  shall  reino\e  the  i)resent 
^*'''  joint  railroad  and  highway  bridge  built  in  accordance  with 

the  provisions  of  cha])ter  two  Inmdred  and  ninety-fi^•e  of 
the  acts  of  the  year  eighteen  hundred  and  seventy-two;  and 
said  bridge  built  under  said  last  named  act  shall  tluTeu])()n 
be  discontinued  for  highway  and  railroad  purposes.  The 
railroad  company  shall  use  the  new  joint  bridge,  built  under 
the  provisions  of  this  act,  and  connect  its  tracks  with  the 
same  on  both  sides  of  the  ri\er,  antl  the  highway  jiart  as  well 
as  the  approaches  and  ways  leading  thereto  shall  be  public 
highways.  Any  street  railway  comi^any  owning  the  tracks 
on  the  highway  part  of  the  old  Slade's  Ferry  bi-idge,  shall 
have  the  right  to  lay  double  tracks  on  the  highway  j)art  of 


Acts,  1911.  — Chaps.  553,  551.  577 

said  reconstructed  bridge  and  to  connect  its  tracks  with  the 
same  on  both  sides  of  the  river,  and  to  propel  its  cars  thereon 
by  electricity  or  other  power,  subject,  however,  to  all  the 
conditions  as  to  fares  and  other  matters  mentioned  in  the 
grant  of  location  to  the  Globe  Street  Railway  Company  by 
the  board  of  aldermen  of  the  city  of  Fall  River  in  the  year 
eighteen  hundred  and  ninety-five  on  the  old  Slade's  Ferry 
bridge,  which  are  hereby  approved  and  confirmed;  and  all 
successors  or  assigns  of  said  Globe  Street  Railway  Company 
shall  be  bound  by  and  subject  to  the  said  conditions. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  16,  1011. 

An  Act  making  an  appropriation  for  the  maintenance  (7/^^,^  553 

OF  the  state  farm. 

Be  it  enacted,  etc.,  as  folloics: 

Section  1.     A   sum   not   exceeding   three   hundred   and  Appropria- 
thirty-one  thousand  dollars  is  hereby  appropriated,  to  be  farm. 
paid  out  of  the  treasury  of  the  commonwealth  from  the 
ordinary  revenue,  for  the  maintenance  of  the  state  farm 
during  the  fiscal  year  ending  on  the  thirtieth  day  of  No- 
vember, nineteen  hundred  and  eleven. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  16,  1911. 

An  Act  to  authorize  the  sale  of  military  stores  to  Chap.554: 
members   of  the   militia   and   relative  to   military 
payments  into  the  treasury  of  the  commonwealth. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  hundred  and  seven  of  chapter  lors.eoi. 
six  hundred  and  four  of  the  acts  of  the  year  nineteen  hun-  Imended. 
dred  and  eight  is  hereby  amended  by  adding  at  the  end 
thereof  the  words :  —  The  quartermaster  general  is  author- 
ized to  make  sales  of  clothing,  equipment,  ordnance  stores 
and  medical  stores  for  cash  to  officers  and  enlisted  men  of 
the  Massachusetts  volunteer  militia,  and  the  money  so  re- 
ceived by  him  shall  be  paid  to  the  treasurer  of  the  common- 
wealth, —  so  as  to  read  as  follows:  —  Section  107.     Except  Miiitiatobe 
as  provided  in  the  preceding  section,  organizations  of  the  uniforms.'^' 
volunteer  militia  shall  be  provided,  at  the  expense  of  the 
commonwealth,  with  the  uniforms,  arms,  equipments,  colors, 
musical   instruments,   books   of  instruction   and   of  record, 


578 


Acts,  1911.  —  Chap.  555. 


Military 
property. 


supplies  and  camp  and  garrison  equipage  and  wagons  and 
draft  horses  necessary  for  their  i)roper  training  and  instruc- 
tion and  the  performance  of  miUtary  duty.  Such  property 
shall  be  issued,  by  the  quartermaster  general,  ujjon  requisi- 
tion, to  the  commanders  of  brigades,  regiments,  separate 
battalion,  squadron,  corps  of  cadets,  companies,  staff  corps 
and  departments,  or  detachments;  but  in  time  of  peace  no 
uniforms,  arms,  equipments  or  supplies  shall  be  issued  to  or 
for  the  use  of  any  company  which  has  not  the  minimum  num- 
ber of  enlisted  men.  The  quartermaster  general  is  author- 
ized to  make  sales  of  clothing,  equipment,  ordnance  stores 
and  medical  stores  for  cash  to  officers  and  enlisted  men  of 
the  Massachusetts  volunteer  militia,  and  the  money  so 
received  by  him  shall  be  paid  to  the  treasurer  of  the  com- 
monwealth. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  16,  1011. 


CJicq).^^^ 


Appropria- 
tions. 


Highway 
commission. 

Engineers, 
etc. 

Triivelling 
expenses. 

Postage, 
priming,  etc. 


Rent  of 
offices. 

Road- 

building 

machinery. 

State 
highways. 


An  Act  making  appropriations  for  the  salaries  and 
expenses  of  the  massachusetts  highway  commission. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appro- 
])riated,  to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  salaries  and  expenses  of 
the  Massachusetts  highway  commission,  for  the  fiscal  year 
ending  on  the  thirtieth  day  of  November,  nineteen  hundred 
and  eleven,  to  wit:  — 

For  the  salaries  of  the  commissioners,  the  sum  of  eighty- 
five  hundred  dollars. 

For  the  salaries  of  the  engineers,  clerks  and  assistants,  a 
sum  not  exceeding  twenty-one  thousand  five  hundred  dollars. 

For  travelling  and  other  expenses  of  the  commission,  a 
sum  not  exceeding  thirty-five  hundred  dollars. 

For  postage,  printing  and  other  necessary  office  expenses, 
including  printing  and  binding  the  annual  report,  a  sum  not 
exceeding  sixty-five  hundred  dollars. 

For  rent  of  offices,  a  sum  not  exceeding  forty-seven  hun- 
dred and  fifty  dollars. 

For  care  and  repair  of  road-building  machinery,  a  sum  not 
exceeding  sixty-five  hundred  dollars. 

For  the  maintenance  of  state  highways,  for  the  jiresent  and 
previous  years,  a  sum  not  exceeding  two  hundred  thousand 
dollars. 


Acts,  1911.  — Chaps.  556,  557.  579 

For  the  suppression  of  the  gypsy  and  brown  tail  moths  and  f'J^^l^  l^^^ 
other  insect  pests  which  threaten  the  trees  on  state  highways,  moths. 
a  sum  not  exceeding  ten  thousand  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  16,  1911. 


An  Act  making  appropriations  for  expenses  in  connec-  Chap.556 

TION  WITH  the  supervision  OF  TELEPHONE  AND  TELE- 
GRAPH COMPANIES  BY  THE  MASSACHUSETTS  HIGHWAY 
COMMISSION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  Telephone  and  Telegraph  Com- 
missioners' Fund,  for  the  expense  of  supervision  of  telephone 
and  telegraph  companies  by  the  Massachusetts  highway 
commission,  during  the  fiscal  year  ending  on  the  thirtieth 
day  of  November,  nineteen  hundred  and  eleven,  to  wit:  — 

For  the  salaries  of  the  commissioners,  the  sum  of  forty-  Highway 

el  1        1      1    11  commission. 

ve  hundred  dollars. 

For  necessary  statistics,  books,  stationery,  clerks,  travel-  f^"''^*^''^' 
ling  and  incidental  expenses,  a  sum  not  exceeding  six  thou- 
sand dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  16,  1911. 

An  Act  relative  to  certain  purchases  and  takings  of  Chap.557 

LAND  IN  THE  TOWN  OF  REVERE  BY  THE  MASSACHUSETTS 
HIGHWAY  COMMISSION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  authority   conferred  upon  the  Massa-  Taking  of 
chusetts  highway  commission  by  section  one  of  chapter  six  town  of 
hundred  and  forty-six  of  the  acts  of  the  year  nineteen  hundred  ^*^'"^''^- 
and  ten  to  expend  the  sum  of  one  hundred  and  twenty-five 
thousand  dollars  in  purchasing  or  taking  by  right  of  eminent 
domain  land  for  the  purpose  of  eventually  laying  out  and 
constructing  a  highway  in  the  town  of  Revere  may  be  exer- 
cised at  any  time  within  two  years  after  the  date  of  the  pas- 
sage of  this  act. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  16,  1911. 


580 


Acts,  1911.  —  Chaps.  558,  559. 


Gas  meters. 


C7ia2^.5r)8     An  Act  relative  to  meters  used  by  gas  companies. 

Be  it  enacted,  etc.,  as  folloivs: 

When  a  gas  meter  in  a  building  owned  or  used  by  a  cus- 
tomer of  a  gas  company  is  read  by  an  employee  or  agent  of 
such  company,  he  shall,  upon  request,  deliver  to  the  person 
using  the  gas  measured  by  the  meter  a  written  statement  of 
the  amount  recorded  by  the  meter  at  that  time. 

Ajjproved  June  16,  1911. 


Additional 
water  supply 
for  the  town 
of  Norwood. 


Chap.550  An  Act  to  authorize  the  tow'N  of  norw^ood  to  provide 

AN    ADDITIONAL    WATER    SUPPLY    AND    TO    MAKE    AN    ADDI- 
TIONAL  water    LOAN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Norwood,  for  the  purpose  of 
providing  itself  with  an  additional  water  supply,  may  take, 
or  acquire  by  purchase  or  otherwise,  and  hold  the  waters  of 
any  pond  or  stream  or  of  any  ground  sources  of  supply  by 
means  of  driven,  artesian  or  other  wells  within  the  limits  of 
the  town,  and  the  water  rights  connected  with  any  such 
water  sources;  may  convey  said  waters  to  one  or  more  con- 
nections with  its  distributing  system  as  now  or  hereafter 
established  under  the  provisions  of  chapter  eighty-two  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-five;  may 
distribute  the  water  through  said  system;  and  may  also  take, 
or  acquire  by  purchase  or  otherwise,  and  hold  all  lands,  rights 
of  way  and  easements  necessary  for  collecting,  storing,  hold- 
ing, purifying  and  preserving  the  purity  of  the  water,  and 
for  conveying  the  same  to  the  aforesaid  connections  with 
its  said  distributing  system  and  to  any  part  of  said  town: 
provided,  however,  that  no  source  of  water  sup])ly  and  no 
lands  necessary  for  preserving  the  purity  of  the  water  shall 
be  ta1<en  or  used  without  first  obtaining  the  ath  ice  and 
approval  of  the  state  board  of  health,  and  that  the  location 
of  all  dams,  reservoirs  and  wells  to  be  usetl  as  sources  of  water 
supply  under  this  act  shall  be  subject  to  the  approval  of  said 
board. 

Section  2.  The  town  may  construct  on  the  lands 
acquired  under  the  i)rovisions  of  this  act  proper  dams, 
reservoirs,  standi)ij)es,  tanks,  buildings,  fixtures  ami  other 
structures,  and  may  make  excavations,  i)rocure  and  o])erate 
machinery  and  provide  such  other  means  and  ai)pHances, 


Proviso. 


May  con- 
struct dams, 
reservoirs, 
etc. 


Acts,  1911.  — Chap.  559.  581 

and  do  such  other  things  as  may  be  necessary  or  desirable 
for  properly  carrying  out  the  purposes  of  this  act;  and  for 
that  purpose  may  construct  wells  and  reservoirs  and  establish 
pumping  works,  and  may  construct,  lay  and  maintain  aque- 
ducts, conduits,  pipes  and  other  works  under  or  over  any 
land,  water  courses,  railroads,  railways  and  public  or  other 
ways,  and  along  such  ways  in  the  town  of  Norwood,  in  such 
manner  as  not  unnecessarily  to  obstruct  the  same;  and  for 
the  purpose  of  constructing,  laying,  maintaining,  operating 
and  repairing  such  conduits,  pipes  and  other  works,  and  for 
all  other  proper  purposes  of  this  act  the  town  may  dig  up  or 
raise  and  embank  any  such  lands,  highways  or  other  ways 
in  such  manner  as  to  cause  the  least  possible  hindrance  to 
public  travel  on  the  said  ways.  The  town  shall  not  enter 
upon,  construct  or  lay  any  conduits,  pipes  or  other  works 
within  the  location  of  any  railroad  corporation,  except  at 
such  time  and  in  such  manner  as  it  may  agree  upon  with 
such  corporation,  or,  in  case  of  failure  so  to  agree,  as  may 
be  approved  by  the  board  of  railroad  commissioners. 

Section  3.     The  town  shall,  within  ninety  days  after  the  Description 
taking  of  any  lands,  rights  of  way,  water  rights,  water  sources  "akento be' 
or  easements  as  aforesaid,  otherwise  than  by  purchase,  file  'ei-orded. 
and  cause  to  be  recorded  in  the  registry  of  deeds  for  the  county 
of  Norfolk   a  description  thereof   sufficiently   accurate  for 
identification,  with  a  statement  of  the  purpose  for  which 
the  same  were  taken,  signed  by  the  water  commissioners  of 
the  town.     The  title  to  all  land  taken,  purchased  or  acquired 
in  any  way  under  the  provisions  of  this  act  shall  vest  in  the 
town  of  Norwood,  and  the  land  so  acquired  may  be  man- 
aged, improved  and  controlled  by  said  board  of  water  com- 
missioners in  such  manner  as  it  shall  deem  for  the  best  in- 
terest of  the  town;  but  subject  to  such  instructions,  rules 
and  regulations  as  the  town  may  from  time  to  time  impose 
by  its  vote. 

Section  4.  The  town  shall  pay  all  damages  to  prop-  Damages. 
erty  sustained  by  any  person  or  corporation  by  the  taking 
of  any  land,  right  of  way,  water,  water  source,  water  right 
or  easement  or  by  any  other  thing  done  by  said  town  under 
authority  of  this  act.  Any  person  or  corporation  sustaining 
damages  as  aforesaid  and  failing  to  agree  with  the  town  as 
to  the  amount  thereof,  may  have  the  same  determined  in 
the  manner  provided  by  law  in  the  case  of  land  taken  for 
the  laying  out  of  highways,  on  application  at  any  time  within 
two  years  after  the  taking  of  such  land  or  other  property 


582 


Acts,  1911.  — Chap.  559. 


Town  of 
Norwood 
Water  Loan, 
Act  of  1911. 


Payment  of 
loan. 


Penalty  for 

corrupting 
water,  etc. 


or  the  doing  of  other  injury  under  authority  of  this  act;  but 
no  such  application  shall  be  made  after  the  expiration  of  the 
said  two  years,  and  no  application  for  assessment  of  damages 
shall  be  made  for  the  taking  of  any  water,  water  right,  or 
for  any  injury  thereto,  until  the  water  is  actually  withdrawn 
or  diverted  by  the  town  under  authority  of  this  act.  The 
town  may,  by  vote,  from  time  to  time,  determine  what 
amount  or  quantity  of  water  it  proposes  to  take  and  appro- 
priate under  this  act;  in  which  case  any  damages  caused 
by  such  taking  shall  be  based  upon  the  said  amount  or  quan- 
tity until  the  same  shall  be  increased  by  vote  or  otherwise, 
and  in  that  event  said  town  shall  be  further  liable  only  for 
the  additional  damages  caused  by  such  additional  taking. 

Section  5.  The  town,  for  the  foregoing  purposes,  may 
issue  from  time  to  time  bonds,  notes  or  scrip  to  an  amount 
not  exceeding  one  hundred  thousand  dollars.  Such  bonds, 
notes  or  scrip  shall  bear  on  their  face  the  words,  Town  of 
Norwood  Water  Loan,  Act  of  1911;  shall  be  payable  at  the 
expiration  of  periods  not  exceeding  thirtj'  years  from  the 
dates  of  issue;  shall  bear  interest,  payable  semi-annually,  at 
a  rate  not  exceeding  four  per  cent  per  annum;  and  shall  be 
signed  by  the  treasurer  of  the  town  and  countersigned  by 
the  water  commissioners  of  the  town.  The  town  may  sell 
the  said  securities  at  public  or  private  sale,  upon  such  terms 
and  conditions  as  it  may  deem  proper;  but  they  shall  not 
be  sold  for  less  than  their  par  value. 

Section  6.  The  town  shall,  at  the  time  of  authorizing 
each  loan  hereunder,  provide  for  the  payment  thereof  in 
such  annual  proportionate  payments,  beginning  not  more 
than  three  years  after  the  date  of  the  loan,  as  will  extinguish 
the  same  within  the  time  prescribed  by  this  act,  and  the 
town  shall  raise  annually  by  taxation  such  sum,  in  excess  of 
the  income  derived  from  water  rates  available  for  the  pur- 
pose as  may  be  required  to  pay  the  interest  as  it  accrues  on 
the  bonds,  notes  or  scrip  issued  as  aforesaid,  and  to  make  the 
payments  on  the  principal  thereof  as  required  by  the  provi- 
sions of  this  act,  and  to  provide  for  the  proper  maintenance 
of  the  system  established  hereunder. 

Section  7.  Whoever  wilfully  or  wantonly  corrupts,  pol- 
lutes or  diverts  any  water  taken  or  heUl  under  this  act,  or 
injures  any  structures,  work  or  other  property  owned,  held 
or  used  by  said  town  under  authority  of  this  act,  shall  for- 
feit and  i)ay  to  the  town  three  times  the  amount  of  damages 
assessed  therefor,  to  be  recovered  in  an  action  of  tort;  and 


taking  effect. 


Acts,  1911.  — CuAr.  560.  583 

upon  being  convicted  of  any  of  the  above  wilful  or  wanton 
acts  shall  be  punished  by  a  fine  not  exceeding  three  hundred 
dollars  or  by  imprisonment  in  jail  for  a  term  not  exceeding 
one  year. 

Section  8.     All  the  authority  granted  to  said  town  by  Powers  of 
this  act  and  not  otherwise  specifically  provided  for  shall  be  mLsioners. 
vested  in  the  board  of  water  commissioners  of  the  town,  who 
shall  be  subject   however  to   such  instructions,   rules  and 
regulations  as  the  town  may  impose  by  its  vote. 

Section  9.  This  act  shall  take  effect  upon  its  acceptance  Jimeof 
by  a  majority  vote  of  the  legal  voters  of  the  town  of  Nor- 
wood present  and  voting  thereon  at  a  legal  meeting  called 
for  the  purpose  within  three  years  after  its  passage;  but  the 
numljer  of  meetings  so  called  in  any  one  year  shall  not  exceed 
three;  and  for  the  purpose  of  being  submitted  to  the  voters 
as  aforesaid  this  act  shall  take  effect  upon  its  passage. 

Approved  June  16,  1911. 


An  Act  making  appropriations  for  salaries  and  ex-  Chan.5Q>0 

PENSES   in   the   bureau   OF   STATISTICS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth   '""^'  ^ 
from  the  ordinary  revenue,  for  salaries  and  expenses  in  the 
bureau  of  statistics  for  the  fiscal  year  ending  on  the  thirtieth 
day  of  November,  nineteen  hundred  and  eleven,  to  wit;  — 

For  the  salary  of  the  director,  three  thousand  dollars.      Director  of 

For  the  salary  of  the  chief  clerk,  two  thousand  dollars.       st""stks^ 

For  additional  clerical  assistance,  a  sum  not  exceeding  chief  clerk. 
forty-three  thousand  six  hundred  dollars.  assLTa^nce. 

For  contingent  and  office  expenses,  including  the  printing  Expenses. 
and  binding  of  the  annual  reports,  and  travelling  and  other 
expenses  in  connection  with  the  annual  collection  of  sta- 
tistics of  manufactures,  also  expenses  in  connection  with 
municipal  returns,  a  sum  not  exceeding  nineteen  thousand 
one  hundred  and  fifty  dollars. 

For  taking  a  special  census  in  towns  having  an  increased  ^^^^f^^f 
resident  population  during  the  summer  months,  a  sum  not 
exceeding  one  thousand  dollars. 

For  the  establishment  and  maintenance  of  free  employ-  Free 

j_       m  •        J.1  •  1j_i  1.  !•'       employment 

ment  oraces  m  this  commonwealth,  a  sum  not  exceeding  offices. 
twenty-two  thousand  dollars. 


584 


Acts,  1911.— Chap.  561. 


Auditing 

municipal 

accounts. 


For  expenses  in  connection  with  the  auditing  of  municipal 
accounts,  a  sum  not  exceeding  ten  thousand  dollars. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  19,  1911. 


District 
police. 


Proviso. 


Kmploj'nient 
of  steiiog- 
rapliers. 


Proviso. 


Chaj).^(jl  An  Act  to  establish  the  salaries  of  certain  stenog- 
raphers AND  clerks  in  THE  DEPARTMENT  OF  THE  DIS- 
TRICT police. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  chief  of  the  district  police  is  hereby 
authorized  to  employ  a  stenographer  in  his  department  at 
an  annual  salary  of  nine  hundred  dollars,  to  increase  by 
yearly  increments  of  fifty  dollars  until  it  reaches  the  sum  of 
one  thousand  dollars:  provided,  that  such  increase  is  ap- 
proved, from  year  to  year,  by  the  chief  of  the  district  police 
for  the  efficiency  and  faithfulness  of  said  stenographer. 

Section  2.  The  chief  of  the  district  police  is  hereby 
authorized  to  employ  two  stenographers  for  service  in  the 
inspection  department  of  the  district  police,  at  an  annual 
salary  of  seven  hundred  dollars  each,  to  increase  by  yearly 
increments  of  fifty  dollars  until  it  reaches  the  sum  of  eight 
hundred  dollars:  provided,  that  such  increase  is  approved, 
from  year  to  year,  by  the  chief  of  the  district  police  for  the 
efficiency  and  faithfulness  of  said  stenographers,  or  of  either 
of  them. 

Section  3.  The  chief  of  the  district  police  may  appoint 
an  additional  stenographer  for  service  in  the  detective  de- 
partment of  the  district  police,  at  a  salary  not  exceeding 
twelve  hundred  dollars  a  year.  Chapter  four  hinidred  and 
eighty-two  of  the  acts  of  the  year  nineteen  hundred  and 
seven  is  hereby  repealed.  This  section  shall  take  effect  on 
the  first  day  of  June,  nineteen  hundred  and  eleven. 

Section  4.  Section  one  of  chapter  five  hundred  and 
twenty-two  of  the  acts  of  the  year  nineteen  hundred  and 
six,  as  amended  by  section  one  of  chapter  four  hundred 
and  ten  of  the  acts  of  the  year  nineteen  hundred  and  nine, 
is  herebv  further  amended  hv  inserting  after  the  word  "de- 
partment",  in  the  fourteenth  line,  the  words:  —  The  salary 
of  the  first  named  clerk  shall  increase  bv  vearlv  increments 
of  one  hundred  dollars  imtil  it  reaches  the  sum  of  one  thou- 
Additioniii  sand  dollars,  and,  —  so  as  to  read  as  follows:  —  Section  1. 
inspection        The  governor  is  hereby  authorized  and  directed  to  appoint 


Additional 
stpnographer. 


1906,  522, 
S  1,  etc., 
amended. 


Acts,  1911.  — Chap.  561.  585 

five  additional  members  of  the  inspection  department  of  department, 
the  district  police,  who  shall  be  not  above  forty-five  years 
of  age.  Said  age  limit  shall  apply  to  all  new  appointments 
to  said  boiler  inspection  department,  but  shall  not  apply  to 
any  reappointment  thereto.  They  shall  be  detailed  for  the 
inspection  of  boilers,  and  shall  receive  the  same  compensa- 
tion now  received  by  the  present  inspectors  of  boilers.  The 
governor  is  also  hereby  authorized  to  appoint  one  clerk,  at 
an  annual  salary  of  eight  hundred  dollars,  to  serve  in  the 
said  department,  and  four  additional  clerks,  at  an  annual 
salary  of  six  hundred  dollars  each,  to  serve  at  branch  offices 
in  the  said  department.  The  salary  of  the  first  named  clerk 
shall  increase  by  yearly  increments  of  one  hundred  dollars 
until  it  reaches  the  sum  of  one  thousand  dollars,  and  the 
salary  of  said  four  additional  clerks  shall  increase  by  yearly 
increments  of  fifty  dollars  until  it  reaches  the  sum  of  seven 
hundred  and  fifty  dollars:  provided,  however,  that  such  in-  Proviso, 
crease  is  approved,  from  year  to  year,  by  the  chief  of  the 
district  police  for  the  efficiency  and  merit  of  said  clerks  or 
of  any  of  them. 

Section  5.     Section   one   of   chapter  four  hundred   and  §^i°amJifded. 
seventy-nine  of  the  acts  of  the  year  nineteen  hundred  and 
eight  is  hereby  amended  by  adding  at  the  end  thereof  the 
words:  — The  salary  of  said  stenographer  shall  increase  by 
yearly  increments  of  one  hundred  dollars  until  it  reaches  the 
sum  of  one  thousand  dollars:  yrovided,  that  such  increase  is 
approved,  from  year  to  year,  by  the  chief  of  the  district 
police  for  the  efficiency  and  faithfulness  of  said  stenographer, 
—  so  as  to  read  as  follows:  —  Section  1.     The  chief  of  the  Additional 
district  police  may  appoint  an  additional  stenographer  in  the  hiThe^"*^ '^^ 
office  of  the  deputy  chief  of  the  detective  department  of  the  department. 
district  police,  at  a  salary  not  exceeding  eight  hundred  dol- 
lars per  annum.     The  salary  of  said  stenographer  shall  in- 
crease by  yearly  increments  of  one  hundred  dollars  until  it 
reaches  the  sum  of  one  thousand  dollars:  provided,  that  such  Proviso, 
increase  is  approved,  from  year  to  year,  by  the  chief  of  the 
district  police  for  the   efficiency   and   faithfulness   of   said 
stenographer. 

Section  6.     This  act  shall  take  effect  upon  its  passage, 
except  as  is  otherwise  provided  herein. 

Approved  June  19,  1911. 


586 


Acts,  1911.  — Chap.  562. 


Chap.5G2  An  Act  relative  to  the  licensing  of  engineers  and 

FIREMEN. 


R.  L.  102, 
§  78,  etc., 
amended. 


Persons  in 
charge  of 
certain 
boilers  to  be 
licensed,  etc. 


R.  L.  102, 
§  80, 
amended. 


Definition 
of  certain 
phriises  and 
words. 


Be  it  enacted,  etc.,  as  follotvs: 

Section  1.  Section  seventy-eight  of  chapter  one  hundred 
and  two  of  the  Revised  Laws,  as  amended  by  section  one  of 
chapter  three  hundred  and  seventy-three  of  the  acts  of  the 
year  nineteen  hundred  and  seven,  is  hereby  further  amended 
by  striking  out  the  word  "eight",  in  the  eighth  Hne,  and 
inserting  in  place  thereof  the  word:  —  nine,  ■ —  so  as  to  read 
as  follows:  —  Section  78.  No  person  shall  have  charge  of 
or  operate  a  steam  boiler  or  engine  in  this  commonwealth, 
except  boilers  and  engines  upon  locomotives,  motor  road 
vehicles,  boilers  and  engines  in  private  residences,  boilers 
in  apartment  houses  of  less  than  five  flats,  boilers  and  engines 
under  the  jurisdiction  of  the  United  States,  boilers  and 
engines  used  for  agricultural  purposes  exclusively,  boilers 
and  engines  of  less  than  nine  horse  power,  and  boilers  used 
for  heating  purposes  exclusively  which  are  provided  with  a 
device  approved  by  the  chief  of  the  district  police  limiting 
the  pressure  carried  to  fifteen  pounds  to  the  square  inch, 
unless  he  holds  a  license  as  hereinafter  pro\ided.  The  owner 
or  user  of  a  steam  boiler  or  engine,  other  than  boilers  or 
engines  above  excepted,  shall  not  operate  or  cause  to  be 
operated  a  steam  boiler  or  engine  for  a  period  of  more  than 
one  week,  unless  the  person  in  charge  of  and  operating  it  is 
duly  licensed. 

Section  2.  Section  eighty  of  said  chapter  one  hundred 
and  two  is  hereby  amended  by  striking  out  all  of  said  section 
after  the  word  "operated",  in  the  third  line,  and  inserting 
in  place  thereof  the  following:  —  The  words  "operate", 
"operated"  or  "operating",  in  the  two  preceding  sections, 
shall  designate  the  person  who,  under  the  supervision  of  the 
licensed  person  in  charge,  operates  any  ap{)urtenances  of  a 
boiler  or  engine:  provided,  however,  that  to  work  with  a 
licensed  person  there  may  be  employed  not  more  than  one 
unlicensed  person  who,  in  the  presence  of  and  under  the 
personal  direction  of  the  licensed  })erson,  may  ()]H*rato  the 
ai)purtenances  of  a  boiler  or  engine,  —  so  as  to  read  as  fol- 
lows:—  Section  80.  The  words  "have  charge"  or  "in 
charge",  in  the  two  preceding  sections,  .shall  designate  the 
person  under  whose  supervision  a  boiler  or  engine  is  oper- 
ated.    The  words  "operate",  "operated"  or  "operating", 


Acts,  1911.  — Chap.  562.  587 

in  the  two  preceding  sections,  shall  designate  the  person  who, 
under  the  supervision  of  the  licensed  person  in  charge,  oper- 
ates any  appurtenances  of  a  boiler  or  engine:  provided,  how-  Proviso. 
ever,  that  to  work  with  a  licensed  person  there  may  be  em- 
ployed not  more  than  one  unlicensed  person  who,  in  the 
presence  of  and  under  the  personal  direction  of  the  licensed 
person,  may  operate  the  appurtenances  of  a  boiler  or  engine. 

Section  3.  Section  eighty-one  of  said  chapter  one  hun-  r.  l.  102, 
dred  and  two,  as  amended  by  section  one  of  chapter  three  amended.' 
hundred  and  ten  of  the  acts  of  the  year  nineteen  hundred 
and  five,  is  hereby  further  amended  by  striking  out  the  said 
section,  and  inserting  in  place  thereof  the  following:  —  Sec-  Licensing  of 
Hon  81.  Whoever  desires  to  act  as  engineer  or  fireman  shall  and  firemen. 
apply  for  a  license  therefor  to  the  state  inspector  of  boilers 
for  the  city  or  town  in  which  he  resides  or  is  employed,  upon 
blanks  to  be  furnished  by  the  boiler  inspection  department 
of  the  district  police.  The  application  shall  be  accompanied 
by  a  fee  of  one  dollar,  and  shall  show  the  total  experience  of 
the  applicant.  To  be  eligible  for  examination  for  a  first  class 
fireman's  license,  a  person  must  have  been  employed  as  a 
steam  engineer  or  fireman  in  charge  of  or  operating  boilers 
for  not  less  than  one  year,  or  he  must  have  held  and  used  a 
second  class  fireman's  license  for  not  less  than  six  months. 
To  be  eligible  for  examination  for  a  third  class  engineer's 
license,  a  person  must  have  been  employed  as  a  steam  engi- 
neer or  fireman  in  charge  of  or  operating  boilers  for  not  less 
than  one  and  one  half  years,  or  he  must  have  held  and  used 
a  first  class  fireman's  license  for  not  less  than  one  year.  To 
be  eligible  for  examination  for  a  second  class  engineer's 
license,  a  person  must  have  been  employed  as  a  steam  engi- 
neer in  charge  of  a  steam  plant  or  plants  having  at  least  one 
engine  of  over  fifty  horse  power  for  not  less  than  two  years, 
or  he  must  have  held  and  used  a  third  class  engineer's  license 
for  not  less  than  one  year,  or  have  held  and  used  a  special 
license  to  operate  a  first  class  plant  for  not  less  than  two 
years;  except  that  any  person  who  has  served  three  years 
as  apprentice  to  the  machinist  or  boiler  making  trade  in 
stationary,  marine  or  locomotive  engine  or  boiler  works, 
and  who  has  been  employed  for  one  year  in  connection  with 
the  operation  of  a  steam  plant,  or  any  person  graduated  as 
a  mechanical  engineer  from  a  duly  recognized  school  of 
technology,  who  has  been  employed  for  one  year  in  connec- 
tion with  the  operation  of  a  steam  plant,  shall  be  eligible  for 
examination  for  a  second  class  engineer's  license.     To  be 


588  Acts,  1911.  — Chap.  562. 

Licensing  of       eligible  for  examination  for  a  first  class  engineer's  license,  a 

enRineers  and  o  i  i     p  i  i  i 

firemen.  person  must  havc  been  employed  tor  not  less  than  three 

years  as  a  steam  engineer  in  charge  of  a  steam  plant  or 
plants  having  at  least  one  engine  of  over  one  hundred  and 
fifty  horse  power,  or  he  must  have  held  and  used  a  second 
class  engineer's  license  in  a  second  class  or  first  class  plant 
for  not  less  than  one  and  one  half  years.  The  applicant  shall 
make  oath  to  the  statements  contained  in  his  application, 
and  the  members  of  the  boiler  inspection  department  of  the 
district  police  are  hereby  authorized  to  administer  the  oath. 
Wilful  falsification  in  the  matter  of  a  statement  contained 
in  an  application  shall  be  deemed  a  sufficient  cause  for  the 
revocation  of  the  license  at  any  time.  The  applicant  shall 
be  given  a  practical  examination,  and,  if  found  competent 
and  trustworthy,  he  shall  receive  a  license  graded  according 
to  the  merits  of  his  examination.  An  applicant  for  a  first 
class  or  second  class  engineer's  license,  or  for  a  special  license 
to  operate  a  first  class  plant,  or  for  a  special  license  to  have 
charge  of  a  second  class  plant,  shall  be  examined  by  a  board 
of  three  examiners,  one  of  whom  may  be  the  chief  inspector, 
and,  if  the  applicant  is  employed,  one  member  of  said  board 
shall  be  the  state  inspector  of  boilers  for  the  city  or  town  in 
which  the  applicant  is  employed,  and  the  decision  of  said 
board  shall  be  final.  The  applicant  shall  have  the  privilege 
of  having  one  person  present  during  his  examination,  who 
shall  take  no  part  in  the  same,  but  who  may  take  notes  if 
he  so  desires.  A  period  of  ninety  days  shall  elapse  between 
examinations,  except  in  the  case  of  an  appeal  as  hereinafter 
provided.  A  license  shall  continue  in  force  until  it  is  sus- 
pended or  revoked  for  the  incompetence  or  untrustworthi- 
ness  of  the  licensee,  except  that  a  special  license  shall  not 
continue  in  force  after  the  holder  thereof  ceases  to  be  em- 
ployed in  the  plant  specified  in  the  license.  A  person  whose 
license  is  suspended  or  revoked  shall  surrender  his  license  to 
a  member  of  the  boiler  inspection  department.  If  a  new 
license  of  a  difl^erent  grade  is  issued,  the  old  license  shall  be 
destroyed  by  the  examiner.  If  a  license  is  lost,  or  is  de- 
stroyed by  fire  or  other  means,  a  new  license  shall  be  issued 
in  its  place,  without  re-examination  of  the  licensee,  uj^on 
satisfactory  proof  of  such  loss  or  destruction  to  an  examiner. 
^H-'ltc'  Section  4.     Section  eighty-two  of  said  chapter  one  hun- 

iimended.'  drcd  and  two,  as  amended  by  section  two  of  chajitcr  three 
hundred  and  ten  of  the  acts  of  the  year  nineteen  hundred  and 
five,  by  chapter  four  hundred  and  fourteen  of  the  acts  of  the 


AcTH,  1011.  — Chap.  562.  589 

year  nineteen  hundred  and  six,  and  by  section  two  of  chapter  ^82^0^.!' 
three  hundred  and  seventy-three  of  the  acts  of  the  year  amended. 
nineteen  hundred  and  seven,  is  hereby  further  amended  by 
striking  out  all  after  the  word  "boilers",  in  the  fifteenth  line, 
and  inserting  in  place  thereof  the  words:  —  Portable  class, 
to  have  charge  of  or  to  operate  portable  boilers  and  portable 
engines,  except  hoisting  engines  or  steam  fire  engines.  Steam 
fire  engineers'  class,  to  have  charge  of  or  to  operate  steam 
fire  engines  and  boilers.  Firemen's  licenses:  —  Extra  first 
class,  to  have  charge  of  and  operate  any  boiler  or  boilers. 
First  class,  to  have  charge  of  and  operate  any  boiler  or 
boilers  where  the  safety  valve  or  valves  are  set  to  blow  at  a 
pressure  not  exceeding  twenty-five  pounds  to  the  square 
inch,  or  to  operate  high  pressure  boilers  under  the  engineer 
or  fireman  in  direct  charge  thereof.  Second  class,  to  operate 
any  boiler  or  boilers  under  the  engineer  or  fireman  in  direct 
charge  thereof.  A  person  holding  an  extra  first  class  or  first 
class  fireman's  license  may  operate  a  third  class  plant  under 
the  engineer  in  direct  charge  of  the  plant.  Special  licenses: 
—  A  person  holding  an  engineer's  or  fireman's  license,  who 
desires  to  have  charge  of  or  to  operate  a  particular  steam 
plant,  may,  provided  that  he  holds  an  engineer's  or  fireman's 
license  and  that  he  files  with  his  application  for  such  exam- 
ination a  written  request  signed  by  the  owner  or  user  of  said 
plant,  be  examined  as  to  his  competence  for  such  service  and 
no  other,  and,  if  found  competent  and  trustworthy,  he  shall 
be  granted  a  license  for  such  service  and  no  other:  provided, 
however,  that  no  special  license  shall  be  granted  to  give  any 
person  charge  of  an  engine  of  over  one  hundred  and  fifty 
horse  power,  —  so  as  to  read  as  follows :  —  Section  82.  Classes  of 
Licenses  shall  be  granted  according  to  the  competence  of  the 
applicant  and  shall  be  distributed  in  the  following  classes:  — 
Engineers'  licenses:  —  First  class,  to  have  charge  of  and 
operate  any  steam  plant.  Second  class,  to  have  charge  of 
and  operate  a  boiler  or  boilers,  and  to  have  charge  of  and 
operate  engines,  no  one  of  which  shall  exceed  one  hundred 
and  fifty  horse  power,  or  to  operate  a  first  class  plant  under 
the  engineer  in  direct  charge  of  the  plant.  Third  class,  to 
have  charge  of  and  operate  a  boiler  or  boilers  not  exceeding 
in  the  aggregate  one  hundred  and  fifty  horse  power,  and  an 
engine  not  exceeding  fifty  horse  power,  or  to  operate  a  second 
class  plant  under  the  engineer  in  direct  charge  of  the  plant. 
Fourth  class,  to  have  charge  of  and  operate  hoisting  and 
portable  engines  and  boilers.     Portable  class,  to  have  charge 


590 


Acts,  1911.  — Chap.  562. 


Classes  of 
licenses. 


Proviso. 


R.  L.  102, 
§  83,  etc., 
amended. 


Horse  power 
of  boilers. 


of  or  to  operate  portable  boilers  and  portable  engines,  except 
hoisting  engines  or  steam  fire  engines.  Steam  fire  engineers' 
class,  to  have  charge  of  or  to  operate  steam  fire  engines  and 
boilers.  Firemen's  licenses:  —  Extra  first  class,  to  have 
charge  of  and  operate  any  boiler  or  boilers.  First  class,  to 
have  charge  of  and  operate  any  boiler  or  boilers  where  the 
safety  valve  or  valves  are  set  to  blow  at  a  pressure  not  exceed- 
ing twenty-five  pounds  to  the  square  inch,  or  to  operate  high 
pressure  boilers  under  the  engineer  or  fireman  in  direct  charge 
thereof.  Second  class,  to  operate  any  boiler  or  boilers  under 
the  engineer  or  fireman  in  direct  charge  thereof.  A  person 
holding  an  extra  first  class  or  first  class  fireman's  license  may 
operate  a  third  class  plant  under  the  engineer  in  direct  charge 
of  the  plant.  Special  licenses:  - —  A  person  holding  an  engi- 
neer's or  fireman's  license,  who  desires  to  have  charge  of  or 
to  operate  a  particular  steam  plant,  may,  provided  that  he 
holds  an  engineer's  or  fireman's  license  and  that  he  files 
with  his  application  for  such  examination  a  written  request 
signed  by  the  owner  or  user  of  said  plant,  be  examined  as  to 
his  competence  for  such  service  and  no  other,  and,  if  found 
competent  and  trustworthy,  he  shall  be  granted  a  license 
for  such  service  and  no  other:  yrovided,  hoiccver,  that  no 
special  license  shall  be  granted  to  give  any  person  charge  of 
an  engine  of  over  one  hundred  and  fifty  horse  power. 

Section  5.  Section  eighty-three  of  said  chapter  one  hun- 
dred and  two  is  hereby  amended  by  striking  out  the  said 
section,  and  inserting  in  place  thereof  the  following:  — 
Section  83.  The  horse  power  of  a  boiler  shall  be  ascertained 
upon  a  basis  of  three  horse  power  for  each  square  foot  of 
grate  surface  or  equivalent,  when  the  safety  valve  is  set  to 
blow  at  a  pressure  exceeding  twenty-five  pounds  per  square 
inch,  and  on  a  basis  of  one  and  one  half  horse  power  for 
each  square  foot  of  grate  surface  or  equivalent,  when  the 
safety  valve  is  set  to  blow  at  twenty-five  pounds  pressure 
per  square  inch  or  less. 

The  horse  power  of  a  reciprocating  steam  engine  shall  be 
ascertained  upon  the  basis  of  a  mean  efl'cctive  pressure  of 
forty  pounds  per  square  inch  of  ])iston  for  a  simple  engine, 
fifty  pounds  for  a  condensing  engine,  and  seventy  pounds 
for  a  compoimd  engine,  calculated  upon  the  area  of  the  high 
pressure  piston. 

A  steam  turbine  engine  shall  be  rated  at  less  than  nine 
horse  power  when  the  external  diameter  of  the  steam  supply 
pipe  does  not  exceed  one  and  three  fourths  inches.     A  steam 


decision  of 
examiner. 


Acts,  1911.  — Chap.  562.  591 

turbine  engine  shall  be  rated  at  fifty  horse  power  when  the 
external  diameter  of  the  steam  supply  pipe  exceeds  one  and 
three  fourths  inches  and  does  not  exceed  three  and  one  half 
inches.  A  steam  turbine  engine  shall  be  rated  at  one  hun- 
dred and  fifty  horse  power  when  the  external  diameter  of 
the  steam  supply  pipe  exceeds  three  and  one  half  inches  and 
does  not  exceed  five  inches. 

Section  6.  Section  eighty-four  of  said  chapter  one  hun-  r.  l.  102, 
dred  and  tw^o,  as  amended  by  section  three  of  chapter  three  amended.' 
hundred  and  seventy-three  of  the  acts  of  the  year  nineteen 
hundred  and  seven,  is  hereby  further  amended  by  striking 
out  the  said  section  and  inserting  in  place  thereof  the  fol- 
lowing:—  Section  84-  A  person  who  is  aggrieved  by  the  Api^eai  from 
action  of  an  examiner  in  refusing,  suspending  or  revoking  a 
license,  may  appeal  therefrom  to  the  chief  inspector  of  the 
boiler  inspection  department,  who  shall  appoint  three  mem- 
bers of  the  boiler  inspection  department  to  act  together  as  a 
board  of  appeal,  one  of  whom  may  be  said  chief  inspector. 
If  an  appeal  is  taken,  it  must  be  within  one  week  after  the 
decision  of  the  examiner.  The  appellant  shall  have  the  priv- 
ilege of  having  one  person  present  during  the  hearing  of  his 
appeal,  who  shall  take  no  part  in  the  same  but  who  may 
take  notes  if  he  so  desires.  The  decision  of  the  majority  of 
the  said  examiners,  acting  as  a  board  of  appeal,  shall  be 
final. 

Section    7.      Section    eighty-five    of    said    chapter    one  r.  l.  102. 
hundred  and  two,  as  amended  by  section  four  of  chapter  LieAded.' 
three  hundred  and  seventy-three  of  the  acts  of  the  year 
nineteen  hundred  and  seven,  is  hereby  further  amended  by 
striking  out  the  word  "eight",  in  the  thirteenth  line,  and 
inserting  in  place  thereof  the  word :  —  nine,  —  so  as  to  read 
as  follows:  —  Section  S5.     An  engineer's  or  fireman's  license,  Licenses  to 
granted  under  the  provisions  of  the  seven  preceding  sections  ^e^^^'spiayed, 
or   the   corresponding  provisions   of  earlier  laws,   shall   be 
placed  so  as  to  be  easily  read  in  a  conspicuous  place  in  the 
engine  room  or  boiler  room  of  the  plant  operated  by  the 
holder  of  such  license.     The  person  in  charge  of  a  stationary 
steam  boiler  upon  which  the  safety  valve  is  set  to  blow  off 
at  more  than  twenty-five  pounds  pressure  to  the  square 
inch,  except  boilers  upon  locomotives,  motor  road  vehicles, 
boilers  in  private  residences,  boilers  in  apartment  houses  of 
less  than  five  flats,   boilers  under  the  jurisdiction  of  the 
United  States,  boilers  used  for  agricultural  purposes  exclu- 
sively, and  boilers  of  less  than  nine  horse  power,  shall  keep 


5D2  Acts,  1911.  — Chap.  5G3. 

a  daily  record  of  the  boiler,  its  condition  when  under  steam 
and  all  repairs  made  and  work  done  on  it,  upon  forms  to 
be  obtained  upon  application  from  the  boiler  inspection  de- 
partment. These  records  shall  be  kept  on  file  and  shall  be 
accessible  at  all  times  to  the  members  of  the  boiler  inspec- 
tion department. 
Tiinoof  Section  8.     This  act  shall  take  effect  on  the  first  day  of 

January  in  the  year  nineteen  hundred  and  twelve,  and  a 
license  in  force  on  the  first  day  of  January  in  the  year  nine- 
teen hundred  and  twelve  shall  continue  in  force  until  it  is 
suspended  or  revoked  for  the  incompetence  or  untrust- 
worthiness  of  the  licensee,  except  that  a  special  license  shall 
not  continue  in  force  after  the  holder  thereof  ceases  to  be 
employed  on  the  plant  specified  in  the  license.  A  license  in 
force  on  the  first  day  of  January  in  the  year  nineteen  hundred 
and  twelve  may  be  exchanged  for  a  license  of  the  same  class 
under  this  act  at  any  time  thereafter,  on  application  to  the 
boiler  inspection  department  of  the  district  police,  upon 
forms  to  be  furnished  by  said  department.  The  applicant 
shall  make  oath  to  the  statements  contained  in  the  said 
application,  and  the  members  of  the  boiler  inspection  de- 
partment of  the  district  police  are  hereby  authorized  to 
administer  the  oath. 

{The  foregoing  was  laid  before  the  Governor  on  the  twelfth  day 
of  June,  1911,  and  after  five  days  it  had  "the  force  of  a  laiv" 
as  prescribed  by  the  Constitution,  as  it  teas  not  returned  by  him 
icith  his  objections  thereto  ivithin  that  time.) 

Chap.BGS  An  Act  relative  to  the  Massachusetts  brick  company. 

Be  it  enacted,  etc.,  as  follows: 
1911  363,  Section  1.     Chapter  three   hundred   and   sixtv-three   of 

amended.  ^       .  i  i        i  i       i  •  n 

the  acts  of  the  year  nnicteen  hundred  and  eleven,  in  so  tar 
as  it  applies  to  or  affects  the  jMassachusetts  lirick  Company, 
is  hereby  repealed,  and  the  charter,  organization  and  acts 
of  that  company  shall  remain  of  the  same  force  and  effect 
which  they  had  at  the  time  of  the  passage  of  said  act. 

Section  2,     This  act  shall  take  eftect  upon  its  i)assage. 

(The  foregoing  was  laid  before  the  Governor  on  the  fourteenth 
day  of  June,  1011,  and  after  fire  days  it  had  '' the  force  of  a 
law",  as  prescribed  by  the  Con,siitution,  as  it  teas  not  returned 
by  him  ivith  his  objections  thereto  within  that  time.) 


Acts,  1911.  — Chap.  564.  593 


An  Act  rel.\tive  to  the  boston  and  eastern  electric  Chap.^Qti: 

RAILROAD   COMPANY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Public  convenience  and  necessity  require  the  Construction 
construction  of  the  Boston  and  Eastern  electric  railroad  and  East'crn" 
between  the  terminal  points,  and  substantially  upon  the  ra^iiroak 
route,  shown  by  the  petition  and  plans  filed  with  the  board 
of  railroad  commissioners  by  the  associates  in  an  agreement 
for  the  formation  of  the  Boston  and  Eastern  Electric  Railroad 
Company,  and  this  act  shall  have  the  same  force  and  effect 
as  a  certificate  of  public  convenience  and  necessity  issued  by 
said  board  under  the  provisions  of  chapter  five  hundred  and 
sixteen  of  the  acts  of  the  year  nineteen  hundred  and  six  and 
of  chapters  five  hundred  and  eighty-seven  and  six  hundred 
and  thirty  of  the  acts  of  the  year  nineteen  hundred  and  ten, 
and  acts  in  amendment  thereof  and  in  addition  thereto, 
except  as  is  otherwise  provided  herein.  The  board  of  rail- 
road commissioners,  the  Boston  transit  commission,  and  the 
joint  board  established  by  chapter  six  hundred  and  thirty 
of  the  acts  of  the  year  nineteen  hundred  and  ten  shall  take 
all  steps  and  make  all  orders  which  are  required  of  them  by 
law  for  the  organization  of  the  Boston  and  Eastern  Electric 
Railroad  Company  precisely  as  if  a  certificate  of  public  con- 
venience and  necessity  had  been  issued  by  the  board  of  rail- 
road commissioners  under  said  acts  of  the  years  nineteen 
hundred  and  six  and  nineteen  hundred  and  ten. 

Section  2.  This  act  shall  take  effect  upon  its  passage:  Time  of 
inovided,  however,  that  all  authority  and  power  herein  granted  p\.o'"iso'^. 
shall  cease,  —  first,  unless  within  thirty  days  thereafter  the 
board  of  directors  named  in  said  agreement  of  association 
shall  file  with  the  treasurer  and  receiver  general  a  bond  to 
the  commonwealth,  in  a  form  to  be  approved  by  the  attorney- 
general,  in  the  penal  sum  of  one  hundred  thousand  dollars, 
with  sureties  to  be  approved  by  the  treasurer  and  receiver 
general,  conditioned,  upon  the  application  within  sixty  days 
after  the  passage  of  this  act  by  the  said  board  of  directors  to 
the  board  of  aldermen  of  each  city,  and  to  the  selectmen  of 
each  town,  in  which  the  railroad  is  to  be  located  to  fix  the 
route  of  the  railroad,  and  upon  an  application,  if  the  same 
be  necessary,  within  one  hundred  and  sixty  days  after  the 
passage  of  this  act,  by  the  said  board  of  directors  to  the  board 
of  railroad  commissioners  to  fix  said  route,  in  accordance 


594 


Acts,  1911.  —  Chap.  5G5. 


Obligations 
of  bond  to 
cease  in  cer- 
tain cases. 


Repeal. 


with  the  provisions  of  sections  six  and  seven  of  said  chapter 
five  hundred  and  sixteen  of  the  acts  of  the  year  nineteen 
hundred  and  six,  and  acts  in  amendment  thereof  and  in  addi- 
tion thereto;  second,  unless  witliin  sixty  days  after  the  in- 
corporation of  said  company,  it  shall  file  with  the  treasurer 
and  receiver  general,  a  bond  to  the  commonwealth,  in  form 
to  be  approved  by  the  attorney-general,  in  the  penal  sum  of 
four  hundred  thousand  dollars,  with  sureties  to  be  approved 
by  the  treasurer  and  receiver  general,  and  conditioned  upon 
the  beginning  of  work,  expenditure  of  at  least  ten  per  cent 
of  the  amount  of  the  original  capital  stock,  and  the  comple- 
tion and  opening  for  use  of  the  entire  railroad  and  tunnel 
hereinbefore  authorized  in  accordance  with  the  provisions  of 
section  one  of  chapter  five  hundred  and  eighty-seven  of  the 
acts  of  the  year  nineteen  lumdred  and  ten,  and  acts  in  addi- 
tion thereto  and  in  amendment  thereof.  The  above  provi- 
sions as  to  bonds  shall  be  in  addition  to  the  requirements  of 
all  general  laws  not  inconsistent  herewith. 

Section  3.  Upon  the  fulfillment  of  the  conditions  of 
either  of  the  bonds  required  by  section  two  of  this  act,  the 
board  of  directors  or  the  company  may  apply  to  the  board 
of  railroad  commissioners  and,  if  the  board  of, railroad  com- 
missioners finds  that  said  conditions  have  been  fulfilled,  it 
shall  so  certify  to  the  treasurer  and  receiver  general  and  all 
obligations  under  the  bond  as  to  which  the  conditions  have 
been  fulfilled  shall  thereupon  cease  and  the  treasurer  and 
receiver  general  shall  return  said  bond  or  bonds  to  said  board 
of  directors  or  to  said  company. 

Section  4.  All  acts  and  parts  of  acts  inconsistent  here- 
with are  hereby  repealed.  Aiiproved  June  22,  1911. 


1910,  ms, 
§  0,  auiended. 


Chcq}.C)ij5  An  Act  to  authorize  the  town  of  west  bridgewater 

TO  make  an  additional  water  loan. 

Be  it  enacted,  etc.,  as  follows:  ^ 

Section  1.     Section   five   of   chapter   one   hundred    and 

thirty-eight  of  the  acts  of  the  year  nineteen  hundred  and 

ten  is  hereby  amended  by  striking  out  the  wortl  "twenty", 

in  the  fourth  line,  and  inserting  in  place  thereof  the  word:  — 

fifty,  —  and  by  striking  out  the  words  "  or  pledge  the  same 

for  money  borrowed  ",  in  the  thirteenth  and  fourteenth  lines, 

Town  of  so  as  to  read  as  follows:  —  Section  5.     Said  town,  for  the 

isridKewiitor      jMirposc  of  paying  the  necessary  expenses  and  liabilities  in- 

AcVof  i'.uo.'      <'iiirc(l  under  the  provisions  of  this  act,  may  issue  from  time 


Acts,  1911.  — Chap.  5(j(j.  595 

to  time  bonds,  notes  or  scrip  to  an  amount  not  exceeding 
fifty  thousand  dollars.  Such  bonds,  notes  or  scrip  shall  bear 
on  their  face  the  words,  Town  of  West  Bridge  water  Water 
Loan,  Act  of  1910;  shall  be  payable  at  the  expiration  of 
periods  not  exceeding  thirty  years  from  the  dates  of  issue; 
shall  bear  interest  payable  semi-annually  at  a  rate  not  ex- 
ceeding five  per  cent  per  annum;  and  shall  be  signed  by  the 
treasurer  of  the  town  and  countersigned  by  the  water  com- 
missioners hereinafter  provided  for.  The  town  may  sell 
such  securities  at  public  or  private  sale  for  the  purposes  of 
this  act,  upon  such  terms  and  conditions  as  it  may  deem 
proper:  provided,  that  the  securities  shall  not  be  sold  for  less  Proviso. 
than  the  par  value  thereof. 

Section  2.     Chapter  twenty-seven  of  the  acts  of  the  year  Repeal, 
nineteen  hundred  and  eleven  is  hereby  repealed. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  22,  1911. 

An  Act  to  establish  a  board  to  be  known  as  trustees  (JJiar>.5Q{j 

OF   MASSACHUSETTS   TRAINING   SCHOOLS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  board  of  trustees  of  the  Lyman  school  ^'"'5'° 

boards 

for  boys  at  Westborough  and  the  state  industrial  school  for  abolished. 
girls  at  Lancaster  and  the  board  of  trustees  of  the  industrial 
school  for  boys  at  Shirley  are  hereby  abolished.     The  man-  Board  of 
agement,  government  and  care  of  all  reformatory  institutions  Massadiusetts 
for  juveniles,  except  the  reformatory  at  Concord,  supported  gg^o"^"^ 
by  the  commonwealth  for  the  custody,  care  and  reformation  created. 
of  juvenile  offenders  shall  be  vested  in  a  board  of  nine  trus- 
tees, two  of  whom  shall  be  women,  to  be  appointed  by  the 
governor  with  the  advice  and  consent  of  the  council.     Of 
the  trustees  first  appointed  under  this  act  seven  shall  be 
selected  from  the  members  of  the  boards  of  trustees  abolished 
by  this"  act.     The  terms  of  office  of  the  trustees  shall  begin 
on  the  first  day  of  July  following  their  appointment.     Of  the 
trustees  first  appointed  under  this  act,  two  shall  hold  office 
for  one  year,  two  for  two  years,  two  for  three  years,  two  for 
four  years  and  one  for  five  years,  or  until  their  successors 
are  appointed ;  and  the  governor  shall  appoint  annually  there- 
after, in  the  month  of  June,  a  successor  of  each  trustee  whose 
term  is  about  to  expire,  and  such  successor  shall  hold  office 
for  five  years  from  the  first  day  of  July  next  ensuing.     In 
case  of  vacancy  in  the  board  of  trustees  caused  by  resigna- 


596 


Acts,  1911.  — CiiAr.  5G7. 


Secretary, 
etc. 


Rights  and 
powers  of 
trustees. 


Reijeal. 


Time  of 
taking  effect. 


tion,  removal  from  the  state  or  death  of  a  trustee,  the  gov- 
ernor shall  immediately  appoint  a  person  to  fill  the  vacancy 
for  the  unexpired  term.  The  said  board  shall  be  known  as 
Trustees  of  Massachusetts  Training  Schools. 

Section  2.  The  trustees  shall  appoint  a  secretary  who 
shall  not  be  a  member  of  the  board  but  shall  be  its  executive 
officer  and  shall  hold  office  during  the  pleasure  of  the  trustees. 
He  shall  receive  from  the  commonwealth  a  salary  to  be  fixed 
by  the  trustees,  subject  to  the  approval  of  the  governor  and 
council,  and  his  necessary  expenses  incurred  in  the  perform- 
ance of  his  official  duties.  lie  shall  be  provided  with  an 
office  in  or  near  the  state  house.  The  trustees  may  appoint 
a  secretary  pro  tempore,  who  in  the  absence  of  the  secretary 
shall  perform  his  duties.  They  may  appoint  one  of  their 
members  to  act  as  secretary  pro  tempore.  They  may  expend 
annually  for  clerical  assistance  and  office  exi)enses  such  sums 
as  may  be  appropriated  b}'  the  general  court. 

Section  3.  The  said  trustees  shall  have  the  same  rights 
and  powers,  be  charged  with  the  same  duties,  and  be  subject 
to  the  same  responsibilities  in  regard  to  the  said  juvenile 
reformatory  institutions  and  to  the  officers  and  inmates 
thereof  as  by  law  are  given  to  or  imposed  upon  the  boards 
of  trustees  of  the  Lyman  school  for  boys,  the  industrial  school 
for  girls  at  Lancaster  and  the  industrial  school  for  boys  at 
Shirley,  and  shall  in  all  respects  succeed  to  the  trusts,  rights, 
powers  and  duties  which  by  existing  laws  are  vested  in  or 
imposed  upon  the  said  several  boards  of  trustees  abolished 
by  this  act. 

Section  4.  All  acts  and  parts  of  acts  inconsistent  here- 
with are  hereby  repealed. 

Section  5.  This  act  shall  take  effect  on  the  first  day  of 
July  in  the  year  nineteen  hundred  and  eleven. 

Approved  June  22,  1011. 


Chap.^iyj  An  Act  to  increase  the  number  of  associate  justices 

OF  THE   SUPERIOR  COURT. 

Be  it  cnucted,  etc.,  as  follows: 

Section  I.  The  number  of  associate  justices  of  the  su- 
perior court  shall  be  twenty-seven  instead  of  twenty-ft)ur  as 
now  i)rovide(l  l)\-  law. 

Section  2.     This  act  shall  take  ell'ect  upon  its  passage. 

Approved  June  22,  1911. 


Associate 
justices  of 
the  superior 
court. 


Acts,  1911.  — Chats.  5i)S,  509.  597 


An  Act  making  appropriations  for  the  maintenance  of  CJiap.56S 

THE    LAKEVILLE   STATE    SANATORIUM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated  for  the  maintenance  of  the  Lakeville  state  sanatorium  ^'""'^' 
for  the  fiscal  year  endinjij  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eleven,  to  wit:  — 

From  the  receipts  of  said  sanatorium  now  in  the  treasury  L.ikeviiie 
of  the  commonwealth,  the  sum  of  eleven  thousand  three  sanatorium. 
hundred  sixty-four  dollars  and  twenty-two  cents;  and  h'om 
the  treasury  of  the  commonwealth  from  the  ordinary  revenue, 
a  sum  not  exceeding  sixty-nine  thousand  one  hundred  fift}'- 
five  dollars  and  seventy-cif;;ht  cents. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Ajyproved  June  22,  1911. 


C%apM6d 


An  Act  making  appropriations  for  salaries  and  ex- 
penses in  the  department  of  the  tax  commissioner 
and  commissioner  of  corporations. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth  ^'""^' 
from  the  ordinary  revenue,  for  the  department  of  the  tax 
commissioner  and  commissioner  of  corporations,  for  the  fiscal 
year  ending  on  the  thirtieth  day  of  November,   nineteen 
hundred  and  eleven,  to  wit:  — 

For  the  salary  of  the  tax  commissioner  and  commissioner  Tax  com- 
of  corporations,  five  thousand  dollars.  inissiout , 

For  the  salary  of  the  deputy  commissioner,  three  thousand  ^Jeputy. 
dollars. 

For  the  salaries  of  the  three  assistants,  seven  thousand  Assistants. 

dollars. 

For  the  salary  of  the  first  clerk,  twenty-two  hundred  dol-  '^"■^'  '^''"■''• 
lars. 

For  the  salary  of  the  second  clerk,  fifteen  hundred  dollars.  Second  cierk. 

For  the  salaries  of  the  supervisors  of  assessors,  six  thou-  Supervisors 

1111  of  assessors. 

sand  dollars. 

For  additional  clerical   as.sistance,   a  sum  not  exceeding  Clerical 

«      ,       ,1  1     1    11  assistance. 

forty  thousand  dollars. 

For  incidental  and  contingent  expenses,  a  sum  not  exceed-  Expenses, 
ing  ten  thousand  dollars. 


598 


Acts,  1911.  — Chaps.  570,  571. 


Travelling 
expenses. 


Valuation 
books. 

Annual 
report. 


For  travelling  expenses  of  the  commissionei:  and  his  deputy, 
and  for  travelling  and  other  expenses  of  the  supervisors  of 
assessors,  a  sum  not  exceeding  thirty-two  hundred  dollars. 

For  valuation  books  for  assessors  of  cities  and  towns,  a 
sum  not  exceeding  one  thousand  dollars. 

For  printing  and  binding  the  annual  report  and  the  table 
of  aggregates,  a  sum  not  exceeding  nineteen  hundred  dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  22,  1011. 


Chaj).570  An  Act  making  an  appropriation  for  the  care  of  the 

CHARLES    RIVER   BASIN   BY   THE   METROPOLITAN   PARK   COM- 
MISSION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  A  sum  not  exceeding  ninety-one  thousand 
nine  hundred  and  sevent^^-five  dollars  is  hereby  appropriated, 
to  be  paid  out  of  the  Charles  River  Basin  Maintenance  Fund 
by  the  metropolitan  park  commission  for  the  care  of  the 
Charles  river  basin,  during  the  year  ending  on  the  thirtieth 
day  of  November,  nineteen  hundred  and  ele\'en,  as  authorized 
by  chapter  four  hundred  and  sixty -five  of  the  acts  of  the 
year  nineteen  hundred  and  three. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  22,  1911. 


Appropria- 
tion, care  of 
Charles 
river  basin. 


Appropria- 
tion, care  of 
Wellington 
bridge. 


Chap.571  An  Act  making  an  appropriation  for  the  care  and  main- 
tenance OF  WELLINGTON  BRIDGE  BY  THE  METROPOLITAN 
PARK  COMMISSION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sum  of  sixty-five  hundred  and  twelve 
dollars  is  hereby  appropriated,  to  be  paid  out  of  the  Metro- 
politan Park  System,  Wellington  Bridge,  INIaintenance  Fund, 
for  the  care  and  maintenance  of  Wellington  bridge,  including 
draw-tenders,  labor,  lighting,  watering,  supplies  and  mis- 
cellaneous expenses,  by  the  metropolitan  park  commission, 
for  the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eleven,  in  accordance  with  the  provi- 
sions of  chapter  four  hundred  and  ninety-one  of  the  acts  of 
the  year  nineteen  hundreci  and  one. 

Section  2.     This  act  shall  take  eftect  upon  its  pas.sage. 

Approved  June  22,  1911. 


Acts,  1911.  — Chats.  572,  573,  574.  599 


An  Act  making  appropriations  for  the  maintenance  of  Chap.^l'2i 

THE   RUTLAND    STATE   SANATORIUM. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated  for  the  maintenance  of  the  Rutland  state  sanatorium  *"""'■ 
for  the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eleven,  to  wit:  — 

From  the  receipts  of  said  sanatorium  now  in  the  treasury  Rutland 
of  the  commonwealth,  the  sum  of  fifty-seven  thousand  three  sanatorium. 
hundred  four  dollars  and  eighty  cents;  and  from  the  treas- 
ury of  the  commonwealth  from  the  ordinary  revenue,  a  sum 
not  exceeding  one  hundred  twenty-six  thousand  six  hundred 
ninety-five  dollars  and  twenty  cents. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  22,  1911. 

An  Act  making  appropriations  for  the  maintenance  of  (JJiq^.^  573 
the  westfield  state  sanatorium. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated  for  the  maintenance  of  the  Westfield  state  sanatorium  *'""'^" 
for  the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eleven,  to  wit:  — 

From  the  receipts  of  said  sanatorium  now  in  the  treasury  Westfleid 
of  the  commonwealth,  the  sum  of  ten  thousand  seven  hun-  slmatorium. 
dred  ninety-eight  dollars  and  sixty-nine  cents;  and  from  the 
treasury  of  the  commonwealth  from  the  ordinary  revenue, 
a  sum  not  exceeding  sixty-nine  thousand  two  hundred  one 
dollars  and  thirty-one  cents. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  22,  1911. 


An  Act  making  appropriations  for  the  maintenance  of  (jjin^j  574 

THE   NORTH    READING    STATE    SANATORIUM.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated  for  the  maintenance  of  the  North  Reading  state 
sanatorium  for  the  fiscal  year  ending  on  the  thirtieth  day 
of  November,  nineteen  hundred  and  eleven,  to  wit:  — 


tions. 


GOO  Acts,  1911.  — Chaps.  575,  576. 


North  Read 
iii^  ht;it( 


From  the  receipts  of  said  sanatorium  now  in  the  treasury 
Biinatorium.  of  i\^q  commonwealth,  the  sum  of  seventeen  thousand  two 
liundred  tliirty-eight  dollars  and  seventeen  cents;  and  from 
the  treasury  of  the  commonwealth  from  the  ordinary  revenue, 
a  sum  not  exceeding  sixty-one  thousand  seven  hundred  sixty- 
one  dollars  and  eighty-three  cents. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  22,  l.'J]  1. 

Chftp.^ir)  An  Act  making  appropriations  for  certain  expenses 

OF   THE   trustees    OF   HOSPITALS    FOR   CONSUMPTI^'ES. 

Be  it  enacted,  etc.,  as  follows: 

tionJ"^'^"*  Section  1.     The  sums  hereinafter  mentioned  are  appro- 

trustees  of        priatcd,  to  be  paid  Out  of  the  treasury  of  the  commonwealth 

hospitals  for         ^  i  i-  p  i  "  p    i  •       i       p 

consumptives,  from  tlic  Ordinary  revenue,  for  the  trustees  of  hospitals  for 
consumptives,  for  the  fiscal  year  ending  on  the  thirtieth  day 
of  November,  nineteen  hundred  and  eleven,  to  wit:  — 

JjpJnses,^  For  travelling  and  other  necessary  expenses  of  the  trustees, 

^'«'-  to  include  the  printing  and  binding  of  their  annual  report, 

a  sum  not  exceeding  nineteen  hundred  dollars. 

Secretary.  ^qy  the  Salary  of  the  secretary  of  the  trustees,  two  thou- 

sand dollars. 

Stenographer.       Yqt  the  Salary  of  the  stenographer,  one  thousand  dollars. 

services.  Fo^  extra  clerical  services,  a  sum  not  exceeding  two  hun- 

dred dollars. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Ayyroved  June  22,  1911. 

Chap.t)l(S  An  Act  to  provide  for  the  maintenance  of  tuberculosis 

DISPENSARIES    IN    CITIES,   AND    TOWNS   OF    TEN    THOUSAND 
INHABITANTS   OR   OVER. 

Be  it  enacted,  etc.,  as  follows: 

^'i'iri!.*^r('^u"''°  Every  city,  and  every  town  containing  a  population  of  ten 
r,"'.!c.'l'r„  thousand  or  more,  as  determined  by  the  latest  United  States 
census,  shall  establish  and  maintain  within  its  limits  a  dis- 
pensary for  the  disco\'ery,  treatment,  and  super\ision  of 
needy  i)ersons  resident  within  its  limits  and  afliicted  with 
tuberculosis,  unless  there  already  exists  in  such  city  or  town 
a  dispensary  which  is  satisfactory  to  the  state  board  of  health. 
The  said  dispensaries  shall  be  subject  to  the  regulations  of 
the  boards  of  health  of  the  cities  or  towns  in  which  thev  are 


Acts,  1911.  — Chap.  577.  601 

respectively  situated.  A  city  or  town  subject  to  the  pro- 
visions of  this  act  which,  upon  the  request  of  the  state  board 
of  health,  refuses  or  neglects  to  comply  with  the  provisions 
hereof,  shall  forfeit  not  more  than  five  hundred  dollars  for 
every  such  refusal  or  neglect.        Approved  June  22,  1911. 

An  Act  to  authorize  compensation  in  certain  cases  to  Chan.Sll 

PERSONS   confined   WHILE  AWAITING   TRIAL. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  Any  person  in  this  commonwealth  who  is  Compensa- 
kept  in  confinement  awaiting  trial  for  more  than  six  months  of  persons^^"^ 
after  having  been  indicted,  and  who  is  hnally  acquitted  or  frYai'.""^ 
discharged  without  trial,  if  the  delay  in  trial  was  not  at  his 
request  or  with  his  consent  or  at  the  request  or  with  the 
consent  of  his  attorney  of  record  may  receive  compensation 
for  the  period  of  his  confinement  after  the  lapse  of  said  six 
months  and  until  his  acquittal  or  discharge:  promded,  that  Proviso. 
the  payment  of  compensation  is  approved  by  the  judge  who 
presided  at  the  trial,  or  in  case  of  a  discharge  without  trial, 
is  approved  by  a  justice  of  the  superior  court  sitting  at  a 
session  for  criminal  business  in  and  for  the  county  in  which 
the  indictment  was  found.  Such  compensation  shall  be  paid 
by  the  county  in  which  the  indictment  was  found  and  shall 
be  equivalent  to  the  amount  which  the  indicted  person 
earned  or  received  from  his  regular  employment  for  any 
period  of  equal  length  during  the  two  years  immediately 
preceding  his  confinement;  and  if  he  had  no  employment, 
the  compensation  shall  be  such  reasonable  sum  as  shall  be 
determined  by  the  judge  who  presided  at  the  trial,  or,  in 
case  of  a  discharge  without  trial,  by  a  justice  of  the  superior 
court  sitting  at  a  session  for  criminal  business  in  and  for  the 
county  in  which  the  indictment  was  found.  The  judge  or 
justice,  upon  application  by  the  person  acquitted  or  dis- 
charged, shall  give  a  hearing  at  w^hich  such  person  or  his 
representative  may  be  present,  if  he  so  desires,  and  the  dis- 
trict attorney  or  other  officer  representing  the  commonwealth 
or  the  county  may  also  be  present,  and  the  person  acquitted 
or  discharged  and  the  commonwealth  or  county  may  offer 
testimony  as  in  any  civil  case.  The  decision  of  the  judge  or 
justice  shall  be  final. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  22,  1911. 


602 


Acts,  1911.  — Chap.  578. 


Certain 
vehicles  to 
carry  lights 
at  night,  etc. 


Proviso. 


Exemptions. 


Chap.578  An  Act  to  require  certain  vehicles  to  carry  lights  at 

NIGHT   ON   PUBLIC   HIGHWAYS  AND    BRIDGES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Every  vehicle  on  wheels,  whether  stationary 
or  in  motion,  on  any  public  highway  or  bridge,  shall  have 
attached  to  it  a  light  or  lights  which  shall  be  so  displayefl  as 
to  be  visible  from  the  front  and  the  rear  during  the  period 
from  one  hour  after  sunset  to  one  hour  before  sunrise:  ])ro- 
vided,  however,  that  this  act  shall  not  apply  to  any  vehicle 
which  is  designed  to  be  propelled  by  hand,  or  to  any  vehicle 
while  upon  any  lighted  street  or  highway  where  street  lights 
are  maintained  at  a  distance  of  five  hundred  feet  apart  or 
less,  or  to  any  vehicle  designed  for  the  transportation,  as  its 
principal  freight,  of  hay  or  straw  while  loaded  with  such 
freight. 

Section  2.  Upon  the  written  application  and  presenta- 
tion of  reasons  therefor  by  the  owner  of  a  vehicle,  the  ]\lassa- 
chusetts  highway  commission  may,  in  writing,  in  such  form 
and  subject  to  such  requirements  as  it  may  elect,  and  with- 
out expense  to  the  applicant,  exempt  said  vehicle  from  the 
provisions  of  this  act  for  such  period  of  time  as  said  commis- 
sion may  elect. 

Section  3.  Any  person  who,  while  driving  or  in  charge 
of  or  occupying  a  vehicle  during  the  period  from  one  hour 
after  sunset  to  one  hour  before  sunrise,  shall  refuse,  when 
requested  by  a  police  officer,  to  give  correctly  his  name  and 
address,  shall  be  punished  as  provided  in  section  six  of  this 
act. 

Section  4.  Nothing  contained  in  this  act  shall  be  con- 
strued to  affect  the  provisions  of  any  existing  statute,  rule 
or  regulation  requiring  lighted  lamps  on  motor  vehicles  and 
the  obligations  t)f  operators  or  occu])ants  thereof. 

Section  5.  The  dn\'er  or  custodian  of  a  vehicle  shall  be 
deemed  to  be  the  resi)onsible  party  and  liable  to  the  penalty 
as  provided  in  this  act  for  a  violation  thereof. 

Section  6.  Any  person  violating  the  provisions  of  this 
act  shall  be  subject  to  a  fine  not  exceeding  five  dollars. 

Approved  June  22,  101 1. 


Penalty, 
in  certain 
cases. 


Not  to  affect 
])rovisions 
of  existing 
statutes. 


Driver,  etc., 
to  be  deemed 
responsible. 


Penalty. 


Acts,  1911.— Chaps.  579,  580.  603 


An  Act  relative  to  the  reconstruction  and  reloca-  CJiap,579 

TION  of  the  railroad  AND  HIGHWAY  BRIDGE  OVER  THE 
TAUNTON  GREAT  RIVER  BETWEEN  FALL  RIVER  AND  SOMER- 
SET. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The    bridge    which,    by    the    provisions    of  J^^.Tof'''^"*'' 
section  one  of  chapter  six  hundred  and  fiftv-four  of  the  acts  ij«idge  over 
of  the  year  nnieteen  hundred  and  ten,  the  Old  Colony  Rail-  Great  river. 
road  Company  was  authorized  to  reconstruct,  shall  be  recon- 
structed and  located  at  a  point  northerly  of  the  bridge  com- 
monly known  as  Slade's  Ferry  bridge,  mentioned  in  said 
section,  but  at  a  distance,  measured  at  the  shore  line  from 
centre  to  centre,  not  exceeding  one  hundred  and  twenty-five 
feet  at  the  easterly  abutment,  and  sixty  feet  at  the  westerly 
abutment:  provided,  however,  that  any  increased  cost  of  con-  Proviso. 
struction  or  maintenance  incurred  by  reason  of  the  change 
of  location  hereby  authorized  shall    be  borne   by  the  Old 
Colony  Railroad  Company. 

Section  2.     So  much  of  section  one  of  said  chapter  six  Repeal. 
hundred  and  fifty-four  as  is  inconsistent  herewith  is  hereby 
repealed. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  22,  1911. 

An  Act  to  authorize  the  city  of  pittsfield  to  take  (JJki^j  5g0 

LAND  OR  EASEMENTS  FOR  WATER  MAINS  FOR  THE  PURPOSE 
OF  CONDUCTING  WATER  FROM  THE  FARNHAM  RESERVOIR, 
SO-CALLED,    IN   WASHINGTON   TO    THE   CITY    OF   PITTSFIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  city  of  Pittsfield,  acting  by  its  board  of  piftifieui"' 
public  works,  is  hereby  authorized  to  take,  for  the  purpose  may  take 
of  conducting  water  taken  by  the  said  city  under  the  pro-  etc' 
visions  of  chapter  five  hundred  and  fourteen  of  the  acts  of 
the  year  nineteen  hundred  and  seven,  through  the  towns  of 
Washington  and  Lenox,  and  through  and  in  said  city,  any 
lands,  rights  of  way,  easements  and  property  necessary  for 
the  laying,  constructing  and  maintaining  of  water  mains, 
water  pipes  and  structures  and  appliances  requisite  for  the 
said  purpose. 

Section  2.     The  provisions  of  sections  three  and  four  of  Certain  pro- 

visions  of 

said  chapter  five  hundred  and  fourteen  shall  apply  to  the  law  to  apply. 


604: 


Acts,  1911. —Chap.  581. 


May  supply 
water  to  a 
part  of  tlie 
town  of 
Lenox. 


said  takings  by  the  city  of  Pittsfield  and  to  the  payment  of 
damages  therefor. 

Section  3.  The  city  of  Pittsfield  is  hereby  authorized 
to  supply  water  for  domestic  purposes,  and  for  the  extin- 
guishment of  fires,  to  that  part  of  the  town  of  Lenox  called 
New  Lenox  which  is  within  two  miles  of  the  northeast  corner 
of  the  said  town,  on  such  terms  and  conditions  as  may  be 
mutually  agreed  upon  by  said  city  and  the  town  of  Lenox. 
In  case  the}^  cannot  agree  the  state  board  of  health  may  deter- 
mine the  terms  and  conditions. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  22,  1911. 


Constrtic- 
tion,  etc., 
of  certain 
bridges,  etc. 


ChajJ-^Sl  An  Act  to  authorize  the  city  of  boston  to  construct, 

RECONSTRUCT    AND     REPAIR    CERTAIN     BRIDGES     BETWEEN 
SAID   CITY  AND   CHELSEA,    WINTHROP  AND    EVERETT. 

Be  it  enacted,  etc.,  as  follows: 

Section  \.  Upon  the  application  of  the  city  of  Boston, 
after  a  vote  thereupon  by  its  city  council,  to  any  justice  of 
the  supreme  judicial  court,  and  after  notice  to  and  hearing 
of  the  cities  of  Boston  and  Chelsea,  the  towns  of  Revere  and 
Winthrop,  and  such  other  cities  and  towns  and  street  rail- 
way corporations  as  are  afi'ected  by  the  application,  said 
court  shall  appoint  three  disinterested  persons  as  commis- 
sioners, neither  of  whom  shall  reside  in  either  of  said  cities 
or  towns,  who,  after  notice  and  a  hearing,  shall  apportion 
among  the  cities  and  towns  which  receive  special  benefits 
from  the  bridges  hereinafter  named  a  just  and  equitable 
share  of  the  cost  of  construction,  reconstruction,  repairs  and 
maintenance  of  said  bridges,  and  shall  also  assess  upon  any 
street  railway  having  a  location  upon  any  of  said  bridges  a 
just  and  equitable  share  of  the  cost  of  construction  and 
repairs:  provided,  however,  that  no  costs  shall  be  so  assessed 
for  any  work  done  or  contracted  for  previous  to  the  passage 
of  this  act.  Said  bridges  are,  (1)  Chelsea  bridge,  so-called, 
between  Charlestown  and  Chelsea;  (2)  INIeridian  street 
bridge  between  East  Boston  and  Chelsea;  (3)  Chelsea  street 
bridge  between  East  Boston  and  Chelsea. 

S?:ction  2.  Said  bridges,  or  any  of  them,  or  any  author- 
ized substitute  for  any  of  them,  shall  be  constructed  or  re- 
paired by  the  city  of  Boston  when  ap])ropriations  therefor 
have  duly  been  made  by  its  city  council,  and  the  city  of 
Boston  is  hereby  authorized  and  empowered  to  collect  from 


Proviso. 


The  city  of 
Boston  to 
pay  cost  in 
tlu>  tirst  in- 
stuuc(^ 


Acts,  1911.  — CiiAr.  582.  605 

the  cities,  towns  and  street  railway  companies  aforesaid  the 
amounts  apportioned  to  them  by  said  commission,  on  appli- 
cation to  the  supreme  judicial  court  or  any  justice  thereof, 
or  to  the  superior  court  or  any  justice  thereof,  and  said  courts 
shall  have  jurisdiction  in  equity  or  otherwise  to  enforce  said 
payments. 

Section  3.  After  such  construction  or  repairs  said  bridges  Maintenance, 
shall  be  maintained  by  such  cities  or  towns  as  are  now  by 
law  responsible  for  their  maintenance,  but  said  commission 
may,  under  the  provisions  of  section  one,  decide  what,  if 
any,  cities  or  towns  shall  contribute  to  said  maintenance  and 
in  what  proportions,  and  the  supreme  judicial  and  superior 
courts  shall  have  jurisdiction  in  equity  or  otherwise  to  enforce 
the  payment  thereof. 

Section  4.     Such  parts  of  sections  eight  and  nine  of  chap-  Repeal. 
ter  twenty  of  the  Revised  Laws  as  are  inconsistent  herewith, 
chapter  one  hundred  and  sixty-five  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-four,  and  all  other  acts  or  parts 
of  acts  inconsistent  herewith  are  hereby  repealed. 

Section  5.     If  any  contract  exists  between  the  city  of  certain  c^n- 

trMCfs  not  irti" 

Boston  and  the  city  of  Chelsea  which  prevents  the  carrying  paired,  etc. 
out  of  this  act  in  any  part,  such  contract  shall  not  be  impaired 
by  this  act,  and  if  the  Boston  and  Northern  Street  Railway 
Company,  formerly  the  Lynn  and  Boston  Railroad  Company, 
and  the  Chelsea  and  Boston  Railroad  Company  have  any 
rights  in  the  present  Chelsea  bridge  which  must  as  a  matter 
of  law  exist  in  any  new  structure,  such  rights  shall  not  be 
affected  by  this  act. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  22,  1011. 

An  Act  relating  to  the  disposition  of  the  real  estate  (JJk^j)  532 
of  the  first  baptist  society  in  chelsea  and  the  first 
baptist  church  of  chelsea. 

Be  it  enacted,  etc.,  as  follows: 

Section  L     The  First  Baptist  Church  of  Chelsea,  a  reli-  Disposition 
gious  corporation  duly  organized  and  existing  under  the  laws  estate  oflhe 
of  the  commonwealth,  is  hereby  authorized  to  dispose  of,  sodety"in*'^* 
sell  and  convey  in  fee  simple,  by  mortgage,  lease,  or  other-  cheisea,  etc. 
wise,  any  part  or  the  whole  of  the  real  estate  owned  by  it  in 
the  city  of  Chelsea,  and  a  vote  duly  passed  by  a  majority 
of  the  members  of  said  corporation  present  and  voting  either 
in  person  or  by  proxy  at  any  meeting  of  the  corporation  duly 


Certain 
grants, 


606  Acts,  1911.  —  Ciiap.  583. 

called,  shall  be  sufficient  authority  for  the  corporation  to 
sell  and  convey,  or  otherwise  dispose  of,  as  aforesaid. 

Section  2.     Any  and   all  grants,   sales  or  conveyances, 

ratm'ed.*''  either  by  deed  in  fee  simple,  by  mortgage,  lease,  or  otherwise, 
heretofore  made  by  the  P'irst  Baptist  Church  of  Chelsea, 
and  all  acts,  and  things  done  or  attempted  to  be  done  by  said 
corporation  regarding  any  sale,  conveyance,  or  other  dis- 
position, of  any  part  or  the  whole  of  its  real  estate  in  the  city 
of  Chelsea,  whether  by  deed  in  fee  simple,  mortgage,  lease, 
or  otherwise  are  hereby  ratified  and  made  valid. 

Subject.  Section  3.     Any  and  all  grants,  sales,  gifts,  and  convey- 

ances, either  by  deed  in  fee  simple,  by  mortgage,  lease,  or 
otherwise,  heretofore  made  by  the  First  Baptist  Society  in 
Chelsea,  a  religious  corporation  duly  organized  and  formerly 
existing  under  the  laws  of  the  commonwealth,  being  the 
corporation  mentioned  in  chapter  one  hundred  and  sixty- 
nine  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
eight,  and  all  acts  and  things  done  or  attempted  to  be  done 
by  said  corporation  regarding  any  grant,  sale  or  conveyance 
of  any  part  or  the  whole  of  its  real  estate  in  the  city  of  Chel- 
sea, whether  by  deed  in  fee  simple,  mortgage,  lease,  or  other- 
wise, are  hereby  ratified  and  made  valid. 
^^    Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  22,  1911. 

Cha2).5S3  An  Act  relative  to  the  annexation  of  the  town  of 

HYDE   PARK  TO   THE  CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

ion,  469,  Section  1.     Section  seventeen  of  chapter  four  hundred 

amended.         and  sixty-niuc  of  the  acts  of  the  year  nineteen  hun(h"ed  and 

eleven  is  hereby  amended  by  striking  out  the  word  "twelve", 

in  the  third  line  of  the  act  as  engrossed,  and  inserting  in 

place  thereof  the  word:  —  eleven,  —  so  as  to  read  as  follows: 

Afcpptance       —  Sectwji  17.     If  this  act  shall  be  accepted  as  herein  pro- 

viditigfor         vided,  it  shall  take  effect  after  the  Tuesday  next  following 

tion  o'/tiu;^        tlic  first  IMouday  in  November  in  the  year  nineteen  hundred 

Hj^dVpark       ''i'^'^  eleven,  so  far  as  to  authorize,  legalize  and  carry  into 

to  the  city         cfTcct   thc   provisions  of  the  sixth,   seventh,   eighth,    ninth 

of  Boston.  '         .  n      1  •  1  !•  II         I 

and  tenth  sections  ot  this  act;  but  tor  all  other  purposes, 
except  as  mentioned  in  section  sixteen  of  this  act,  it  shall 
take  effect  on  the  first  Monday  of  January  in  the  year  nine- 
teen hundred  and  twelve. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  22,  1911. 


Acts,  1911.  — Chaps.  584,  58^^  58G.  607 


An  Act  .to  prohibit  employers  from  imposing  a  fine  (jfif^p  534. 

FOR  imperfections   IN  WEAVING. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     No  employer  shall  impose  a  fine  upon  an  Fines  not  to 
employee  engaged  at  weaving  for  imperfections  that  may  ^IrTmlTv^ 
arise  during  the  process  of  weaving.  weaving"^ 

Section  2.     Any  employer  who  violates  the  provisions  of  Penalty. 
this  act  shall  be  punished  by  a  fine  not  exceeding  one  hundred 
dollars  for  the  first  ofl^ence,  and  not  exceeding  three  hundred 
dollars  for  any  subsequent  ofl'ence. 

Ayiiroved  June  22,  1911. 


An  Act  to  authorize  the  town  of  marsiifield  to  refund  Chap.5S5 

CERTAIN   NOTES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     For  the  purpose  of  paying  certain  outstand-  Marshfield^ 
ing  notes  amounting  to  twenty  thousand  dollars,  the  town  of  may  refund 

.  ,  ,  certain  notes 

Marshfield  is  hereby  authorized  to  borrow  the  said  sum  and 
to  issue  notes  or  bonds  therefor.  Such  notes  or  bonds  shall 
be  for  one  thousand  dollars  each,  payable  two  each  year  in 
the  years  nineteen  hundred  and  twelve  to  nineteen  hundred 
and  twenty-one,  both  inclusive.  The  notes  or  bonds  shall 
be  signed  by  the  treasurer  and  countersigned  by  the  select- 
men, or  by  a  majority  thereof,  and  shall  bear  interest  not 
exceeding  four  per  cent  per  annum.  The  money  required 
to  pay  the  interest  on  said  notes  or  bonds  in  each  year,  and 
that  part  of  the  principal  which  becomes  due  in  that  year, 
shall  be  raised  by  taxation  in  the  same  manner  in  which  the 
other  expenses  of  the  town  are  provided  for. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  22,  1911. 


An  Act  relative  to  the  taking  of  cemetery  and  park  CImp.[)86 

LANDS  FOR  THE  PURPOSE  OF  ALTERING  A  GRADE  CROSSING 
IN  THE   TOWN   OF   LEOMINSTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  six  hundred  and  twenty  of  the  acts  1910,620, 
of  the  year  nineteen  hundred  and  ten  is  hereby  repealed.  ^^^^^^  • 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  22,  1911. 


608  Acts,  1911.  —  CiiArs.  587,  588. 


Cha2).587  An  Act  to  define  the  limits  of  the  charles  river  dam. 

Be  it  enacted,  etc.,  as  follows: 

§T^a'uiended         SECTION  1.     Sectioii   two   of   chapter   five   huiulred    and 
twenty-four  of  the  acts  of  the  year  nineteen  hundred  and 
nine  is  hereby  amended  by  adding  at  the  end  tiiereof  the 
Defining  following:  —  Tlic  word  "basin"  shall  also  mean  so  much  of 

"  basiu."  the  sidewalks  and  road  forming  an  approach  to,  or  connec- 

tion with,  said  dam  as  lies  between  the  westerly  side  line  of 
Charles  street  in  the  city  of  Boston  extended  in  an  unbroken 
straight  line  in  a  northeasterly  direction  across  said  side- 
walks and  road,  and  the  easterlv  side  line  of  Commercial 
avenue  in  the  city  of  Cambridge  extended  in  an  unbroken 
straight  line  in  a  northeasterly  direction  across  said  side- 
walks and  road. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  22,  1911. 

Cha2)'^SS  An  Act  to  provide  for  the  appointment  of  administra- 
tors OF  estates  of  deceased  persons  W'Ith  the  will 
annexed. 

Be  it  enacted,  etc.,  as  follows: 

R  L.  137,  Section  1.     Sectionsixof  chapter  one  hundred  and  thirtv- 

§  6,  amended.  ,.      i         t^        •        i    t  •       i  i  i      i    i  -i  •  " 

seven  or  the  Kevised  Laws  is  hereby  amended  by  striknig 
out  the  word  "twenty"  in  the  fourth  and  eighth  lines,  and 
inserting  in  place  thereof  in  each  instance,  the  word:  — thirty, 
—  and  by  striking  out  the  words  "to  such  person  as  would 
have  been  entitled  thereto  if  the  deceased  had  died  intestate", 
in  the  sixth,  seventh  and  eighth  lines,  and  inserting  in  place 
thereof  the  words:  —  to  any  person  interested  in  the  will  of 
said  deceased,  to  any  creditor  of  the  deceased  or  to  any  suit- 
able person,  —  and  by  inserting  at  the  end  of  said  section 
the  following:  —  If  a  person  named  as  executor  in  a  will 
petitions  for  the  probate  of  the  same  and  dies,  declines  or 
for  any  reason  becomes  unable  to  act  before  final  decree  is 
entered  on  said  petition,  any  person  interested  in  the  will  of 
said  deceased,  or  any  creditor  of  the  deceased,  or  any  suit- 
able person,  may,  on  petition,  be  allowed  to  enter  and  to 
prosecute  the  original  j)etition  for  probate,  to  apply  for 
letters  of  administration  with  the  will  annexed,  and  to  act 
and  proceed  in  any  proposed  compromise  under  the  provi- 
sions of  sections  fifteen  and  sixteen  of  chapter  one  hundred 


Acts,  1911.  — Chap.  589.  G09 

and  forty-eight  of  the  Revised  Laws  and  all  acts  in  amend- 
ment thereof,  —  so  as  to  read  as  follows :  —  Section  6.  If  ^ato',"'^itii 
no  executor  is  named  in  a  will,  or  if  all  the  executors  therein  the  win 
named  are  dead  or  incompetent  or  refuse  to  accept  the  trust, 
or  if,  after  being  duly  cited  for  the  purpose,  the  executor 
neglects  to  accept  the  trust,  or  neglects  for  thirty  days  after 
the  probate  of  the  will  to  give  bond  according  to  law,  the 
court  shall  commit  administration  of  the  estate,  with  the 
will  annexed,  to  any  person  interested  in  the  will  of  said 
deceased,  to  any  creditor  of  the  deceased  or  to  any  suitable 
person;  but  after  the  expiration  of  said  thirty  days,  and 
before  letters  of  administration  with  the  will  annexed  have 
been  granted,  the  com't  may  grant  letters  testamentary  to 
any  person  named  as  executor  who  gives  the  bond  required 
by  law.  If  a  person  named  as  executor  in  a  will  petitions  for 
the  probate  of  the  same  and  dies,  declines  or  for  any  reason 
becomes  unable  to  act  before  final  decree  is  entered  on  said 
petition,  any  person  interested  in  the  will  of  said  deceased, 
or  any  creditor  of  the  deceased,  or  any  suitable  person,  may, 
on  petition,  be  allowed  to  enter  and  to  prosecute  the  original 
petition  for  probate,  to  apply  for  letters  of  administration 
with  the  will  annexed,  and  to  act  and  proceed  in  any  proposed 
compromise  under  the  provisions  of  sections  fifteen  and  six- 
teen of  chapter  one  hundred  and  forty-eight  of  the  Revised 
Laws  and  all  acts  in  amendment  thereof. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  22,  1911. 

An  Act  to  regulate  the  restraint  of  patients  in  pub-  (Jjidyy  539 

Lie     OR    private    hospitals    OR    SANATORIUTVIS    FOR    THE 
INSANE. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.     On  and  after  the  first  day  of  August  in  the  Restraint  of 
year  nineteen  hundred  and  eleven,  no  restraint  in  the  form  c'ei-taln^^'^ 
of  muffs  or  mitts  with  patent  lock  buckles  or  waist  straps,  regulatldT^' 
wristlets,  anklets  or  camisoles,  head  straps,  protection  sheets 
or  simple  sheets  when  used  for  restraint,  or  other  apparatus 
or  device  interfering  with  free  movement,  shall  be  imposed 
upon  any  patient  in  any  public  or  private  hospital,  sanatorium 
or  other  institution  for  the  care  or  custody  of  the  insane  in 
this  commonwealth  unless  it  is  applied  in  the  presence  of 
the  superintendent,  or  of  the  physician  or  of  an  assistant 
physician  of  the  hospital,  sanatorium  or  other  institution, 


(310 


Acts,  1911.  — Chap.  589. 


Records  to 
be  kopt,  etc. 


Implements 
to  1)0  kept 
under  lock 
and  key. 


Not  to  a])i)ly 
in  certain 
cases. 


Penalty. 


•/ 


or  on  his  written  order,  which  order  shall  be  preserved  in 
the  files  or  records  of  the  institution;  and  such  application 
shall  be  made  only  in  cases  of  extreme  violence,  active  homi- 
cidal or  suicidal  condition,  physical  exhaustion,  infectious 
disease,  or  following  an  operation  or  accident  which  has 
caused  serious  bodily  injury,  except  that  in  cases  of  emergency 
restraint  may  be  imposed  without  the  presence  of  the  super- 
intendent, the  physician  or  assistant  physician,  and  without 
a  written  order;  but  every  such  emergency  case,  after  the 
imposition  of  such  restraint,  shall  immediately  be  reported 
to  the  superintendent  or  to  the  physician  or  assistant  physi- 
cian of  the  institution,  who  shall  immediately  investigate 
the  case,  and  approve  or  disapprove  the  restraint  imposed. 

Section  2.  The  superintendent  or  head  physician  shall 
cause  records  of  all  restraint  to  be  kept  in  a  book  which  shall 
be  provided  for  that  purpose  by  the  superintendent  or  head 
physician.  The  book  shall  be  open  for  inspection  at  all  times 
by  the  trustees  or  other  persons  having  control  of  the 
hospital,  sanatorium  or  institution,  the  state  board  of  in- 
sanity, the  governor  and  council,  and  members  of  the  general 
court,  and  shall  contain  a  complete  record  relati\'e  to  the 
restraint,  including  the  cause  for  restraint,  the  form  used, 
the  name  of  the  patient,  the  time  when  the  patient  was 
placed  under  restraint  and  the  time  when  he  was  released. 
Restraint,  within  the  meaning  of  this  act,  shall  also  include 
therapeutic  and  chemical  restraint  and  confinement  in  a 
strong  room,  or  seclusion  in  solitary  confinement,  except 
when  the  jjatients  are  placed  in  their  rooms  for  the  night. 

Section  3.  The  superintendent  or  head  physician,  or  in 
his  absence  one  of  the  assistant  physicians,  shall  keep  per- 
sonally under  lock  and  key  all  implements  or  apparatus  of 
restraint  not  in  actual  use. 

Section  4.  The  provisions  of  this  act  shall  not  apply  to 
the  prolonged  bath,  to  the  hot  or  cold  pack,  or  to  medica- 
tion when  used  as  a  remedial  measure  and  not  as  a  form  of 
restraint. 

Section  5.  Any  supervisor,  attendant,  or  other  employee 
of  any  institution  affected  by  this  act,  who  shall  knowingly 
violate  or  willingly  ])erniit  to  l)c  violated  any  i)n)vision  hereof 
shall  be  deemed  guilty  of  a  misdemeanor  and  may  l)e  fined  not 
less  than  fifty  dollars  nor  more  than  three  hundred  dollars 
for  each  ofl'ence. 

Section  C.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  22,  1011, 


Acts,  1911.  — Chaps.  590,  591.  611 


An  Act  making  an  appropriation  for  band  concerts  in  C/iap.f)i)0 

THE  metropolitan  PARK  RESERVATIONS. 

Be  it  enacted,  etc.,  as  follows: 
Section  1 .     A  sum  not  exceeding  twenty-five  thousand  Appropna- 

1    11  •       1  1  •  1  1  111-  I        tion  for  band 

dollars  is  hereby  appropriated,  to  be  expended  during  the  concerts  in 
present  fiscal  year  out  of  the  Metropolitan  Parks  Mainte- 
nance Fund,  to  enable  the  metropolitan  park  commission  to 
provide  band  concerts  in  such  parks  and  parkways  or  in 
such  other  lands  under  its  control  as  it  may  select,  and  at 
such  times  as  it  may  deem  expedient. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  23,  1911. 

An  x\ct  to  provide  for  the  widening  of  pleasant  street  (7/i«  n.591 

IN   THE    CITY    OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  board  of  street  commissioners  of  the  city  widening  of 
of  Boston,  with  the  approval  of  the  mayor,  may,  as  herein-  ^r^et^i^' 
after  provided,  widen  and  construct  Pleasant  street  from  Boston. 
Washington  street  to  Eliot  street  at  Park  square. 

Section  2.  The  said  widening  and  construction  and  the  to  be  made 
assessment  of  the  betterments  therefor  shall  be  made  in  with  certain 
accordance  with  the  provisions  of  chapter  three  hundred  and  faw!"^'""^  ° 
ninety-three  of  the  acts  of  the  year  nineteen  hundred  and  six, 
with  the  following  exception:  ■ — ^  If  a  street  railway  location 
is  applied  for  within  six  months  after  this  act  takes  effect, 
as  hereinafter  provided,  the  said  location  shall  be  granted  to 
the  street  railway  company  applying  for  the  same  only  upon 
condition  that  said  company  shall  pay  to  the  city  toward 
the  expense  of  the  aforesaid  street  construction  that  part  of 
the  total  cost  of  said  construction  whch  is  due  to  the  extra 
width  of  said  street  required  for  two  railway  tracks;  and  the 
remainder  of  the  cost  of  said  widening  and  construction, 
beyond  that  paid  by  said  company,  shall  be  regarded  as  the 
assessable  cost  of  the  improvement  to  be  assessed  upon  the 
estates  benefited  to  the  extent  specified  in,  and  in  accordance 
with  the  terms  of,  said  chapter  three  hundred  and  ninety- 
three.  If  the  street  commissioners,  with  the  approval  of  the 
mayor,  cannot  agree  with  the  company  as  to  the  amount  to 
be  paid  by  it  toward  the  cost  of  said  improvement,  the  city 
of  Boston  or  the  company  may  petition  the  supreme  judicial 


G12 


Acts,  1911.  — Chap.  591. 


Assfssnicnt 
of  better- 
ments. 


Powers  of  the 

street  com- 
missioners. 


Payment  of 
expenses. 


Time  of 
taking  effect. 


court,  sitting  in  equity,  to  appoint  a  commission  to  determine 
the  amount  to  be  paid  by  the  company,  and  the  said  court 
may  confirm  or  modify  the  award  of  the  connnissioners  and 
may  make  such  order  or  decree  as  it  may  deem  proper  in  the 
premises  to  enforce  the  payment  of  the  award  of  the  said 
commission  as  confirmed  or  modified  by  the  court. 

Section  3.  If  a  location  is  not  appHed  for  and  granted 
within  six  months  after  this  act  takes  effect,  as  hereinafter 
provided,  no  location  on  said  street  shall  be  granted  until 
after  the  assessment  of  the  betterments  on  the  estates  bene- 
fited by  said  widening,  and  then  only  on  the  payment  by 
said  company  to  the  city  of  a  sum  which  bears  the  same 
proportion  to  the  whole  cost  of  said  construction  that  is 
borne  by  the  width  of  the  location  to  the  total  width  of  the 
street  as  widened. 

Section  4.  If  no  application  is  made  for  a  location  within 
six  months  after  the  acceptance  of  this  act,  as  hereinafter 
provided,  the  street  commissioners,  after  the  expiration  of 
said  six  months,  shall  determine  the  width  of  the  street,  and 
shall  lay  out  and  construct  the  same.  If  the  width  so  deter- 
mined shall  include  space  for  one  or  more  tracks  of  a  street 
railway  company,  that  fact  shall  be  entered  upon  the  records 
of  the  street  commissioners,  together  with  their  estimate  of 
the  cost  to  the  city  of  the  construction  of  that  part  of  the  said 
widened  street  which  provided  space  for  the  said  track  or 
tracks. 

Section  5.  The  treasurer  of  the  city  of  Boston,  to  pay 
the  expenses  incurred  for  said  widening  and  construction, 
shall  from  time  to  time  issue  and  sell  negotiable  bonds  of  the 
said  city  to  an  amount  not  exceeding  nine  hundred  thousand 
dollars;  and  shall  hold  the  proceeds  of  said  bonds  in  the 
treasury  of  the  city  and  pay  therefrom  the  expenses  afore- 
said. Said  bonds  shall  not  be  reckoned  in  determining  the 
statutory  limit  of  indebtedness  of  the  city. 

Section  G.  This  act  shall  take  effect  upon  its  acceptance 
by  the  mayor  and  city  council  of  the  city  of  Boston. 

{The  foregoing  ivas  laid  before  the  Gorernor  on  the  nineteenth 
day  of  June,  IDll,  and  after  five  days  it  had  '^the  force  of  a 
law'\  as  prescribed  by  the  Constitution,  as  it  was  nut  returned 
by  him  ivith  his  objections  thereto  within  that  time.) 


Acts,  1911.  — Chaps.  592,  593.  613 


An  Act  relative  to  annual  payments  to  be  made  to  the  CJicir).5Q2 

MASSACHUSETTS     AGRICULTURAL     COLLEGE     BY     THE     COM- 
MONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  shall  be  paid  Certain  pay- 

n       i»  I  PI  1    1        •  1    ni*^"'s  to  be 

annually  irom  the  treasury  ot  the  commonwealth,  m  equal  made  to  the 

quarterly  instalments,  on  the  first  days  of  December,  March,  Alrkfuiturai  ^ 

June  and  September,  to  the  treasurer  of  the  Massachusetts  ^°"'^^^- 

Agricultural  College,  for  the  purposes  specified,  to  wit:  — 

For  the  general  administration  of  the  college,  the  sum  of 

twenty-five  thousand  dollars;  for  teaching  equipment  and 

for  the  general  maintenance  of  the  college,  including  heat, 

light,  water,  and  labor,  the  sum  of  fifty-eight  thousand  dollars; 

for   agricultural   investigations   and   experiments,   including 

maintenance  of  the  Massachusetts  agricultural  experiment 

station,  the  sum  of  ten  thousand  five  hundred  dollars;  for 

providing  the  theoretical  and  practical  instruction  required 

by  the  charter  of  the  college  and  by  the  laws  of  the  United 

States  relating  thereto,  the  sum  of  sixty  thousand  dollars; 

for  short  courses  and  extension  work  in  agriculture,  the  sum 

of  twenty  thousand  dollars;  for  the  inspection  of  commercial 

feed  stuffs,  the  sum  of  three  thousand  dollars. 

Section  2.     The  books  and  accounts  of  the  college  and  Audit  of  ex- 
of  the  experiment  station  shall  be  kept  under  the  direction 
of  the  auditor  of  the  commonwealth,  who  shall  audit  the 
expenditures  and  receipts  at  least  twice  a  year,  and  as  much 
oftener  as  in  his  judgment  may  be  necessary. 

Section  3.     Chapter  six  hundred   and  twenty-seven  of  Repeal. 
the  acts  of  the  year  nineteen  hundred  and  ten,  and  all  acts 
and  parts  of  acts  inconsistent  herewith,  are  hereby  repealed. 

Section  4.     This  act  shall  take  effect  on  the  first  day  of  t^^in  "effect 
December,  nineteen  hundred  and  eleven. 

Approved  June  26,  1911. 

An  Act  to  compel  a  disclosure  of  the  names  of  witnesses  (JJmv  593 

IN   CERTAIN   CASES. 

Be  it  enacted,  etc.,  as  follows: 

Section  sixty-three  of  chapter  one  hundred  and  seventy-  R.  l.  its, 
three  of  the  Revised  Laws  is  hereby  amended  by  adding  at  kmeixded. 
the  end  thereof  the  following:  —  But  the  court  may  compel 
a  party  to  disclose  the  names  of  witnesses  and  their  addresses. 


614 


Acts,  1911.  — Chap.  594. 


Privileges 
of  party 
interrogated. 


if  justice  seems  to  require  it,  upon  such  terms  and  conditions 
as  the  court  may  deem  expedient,  where  the  names  of  wit- 
nesses are  in  the  exclusive  possession  of  one  party  to  the 
action,  —  so  as  to  read  as  follows:  —  Section  63.  The  party 
interrogated  shall  not  be  obliged  to  answer  a  question  or 
produce  a  document  if  it  would  tend  to  criminate  him,  or  to 
disclose  his  title  to  any  property  the  title  whereof  is  not  ma- 
terial to  the  trial  of  the  action  in  the  course  of  which  he  is 
interrogated,  or  to  disclose  the  names  of  the  witnesses  by 
whom,  or  the  manner  in  which,  he  proposes  to  prove  his  own 
case.  But  the  court  may  compel  a  party  to  disclose  the 
names  of  witnesses  and  their  addresses,  if  justice  seems  to 
require  it,  upon  such  terms  and  conditions  as  the  court  may 
deem  expedient,  where  the  names  of  witnesses  are  in  the 
exclusive  possession  of  one  party  to  the  action. 

Approved  June  26,  1911. 

C7ia2).594:  An  Act  relative  to  the  instruction  and  drill  of  the 

VOLUNTEER   MILITIA. 


1908,  604, 
§  162, 
amended. 


Company 
drill,  etc. 


Provisos. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  six  hundred  and  four  of  the  acts  of 
the  year  nineteen  hundred  and  eight  is  hereby  amended  by 
striking  out  section  one  hundred  and  sixty-two  and  inserting 
in  place  thereof  the  following:  —  Section  162.  In  addition 
to  the  duty  required  by  sections  one  hundred  and  fifty-one 
and  one  hundred  and  fifty-two,  and  to  any  duty  that  may  be 
required  under  the  provisions  of  sections  one  hundred  and 
forty-one,  one  hundred  and  forty-two  and  one  hundred  and 
sixty,  every  company  of  the  volunteer  militia  shall  assemble 
for  instruction  and  drill  at  least  twice  in  each  month  and 
oftener  upon  the  orders  of  the  company  commander  or  his 
superior  commanding  officers:  provided,  however,  that  in  the 
discretion  of  the  company  commander,  or  of  his  superior 
commanding  officer,  all  or  part  of  the  drills  herein  rcfjuired 
may  be  omitted  in  the  two  months  next  following  the  calen- 
dar month  in  which  the  annual  camp  duty  prescribed  by 
section  one  hundred  and  fifty-two  is  performed,  and  such 
target  practice  or  other  exercises  as  they  may  direct  may  be 
substituted  therefor;  and  provided,  fitrthcr,  that  each  organ- 
ization of  the  volunteer  militia  shall  drill  at  least  twenty- 
four  times  in  each  year  as  required  by  the  act  of  congress 
approved  January  twenty-third,  nineteen  hundred  and  three. 
Regimental,  battalion,  or  scjuadron  drills  may  be  held   in 


Acts,  1911.  — Chap.  594.  G15 

place  of  company  drills;  and  transportation  to  and  from  the 
place  of  such  drills  shall  be  furnished  by  the  quartermaster 
general  for  the  companies,  batteries  or  troops  composing  the 
regiment,  battalion  or  squadron,  if  authorized  by  the  com- 
mander-in-chief. 

Section  2.     Ten  of  the  drills  or  meetings  for  target  prac-  Time  of 
tice  or  other  exercises  required  by  section  one  hundred  and  meetings 
sixty-two  of  said  chapter  six  hundred  and  four,  as  amended  p^actk;!!* 
by  section  one  of  this  act  shall,  in  each  year,  be  designated 
by  the  commander-in-chief  to  be  held  at  such  times,  places, 
and  for  such  purposes  as  he  may  prescribe  in  orders.     Such 
drills  shall  be  of  not  less  than  one  and  one  half  hours  each  in 
duration,  and  shall,  for  convenience,  be  designated  as  "ren- 
dezvous drills".     No  more  than  two  of  such  rendezvous  drills 
shall  be  prescribed  or  held  during  any  one  calendar  week. 

Section  3.     For  attendance  at  each  rendezvous  drill  at  Allowances 

for  attend- 

which  at  least  three  fourths  of  the  maximum  enlisted  strength  ance  at 

drills   ctiC 

of  the  company  is  present,  there  shall  be  allowed  and  paid  to 
the  enlisted  men  of  that  company  of  the  volunteer  militia  as 
follows:  first  sergeant,  company  quartermaster  sergeant, 
stable  sergeant,  sergeant,  cook,  musician,  chief  petty  officer, 
petty  officer,  first  class,  and  petty  officer,  second  class,  one  dol- 
lar and  twenty  cents;  corporal  and  petty  officer,  third  class, 
one  dollar  and  five  cents;  all  other  enlisted  men,  ninety  cents; 
and  in  addition  thereto  an  amount  equal  to  twenty  per  cent 
of  said  grade  pay  for  each  period  of  three  years  of  service  in 
the  volunteer  militia  in  excess  of  the  first  three  years  of  such 
service,  but  not  exceeding,  in  any  event,  sixty  per  cent  of 
said  grade  pay :  provided,  hoivever,  that  an  enlisted  man  shall  ^'■°'^'^°^- 
not  be  entitled  to  receive  the  pay  provided  for  in  this  section 
unless  he  shall  perform  at  least  six  days  of  camp  duty  in  the 
same  year  under  the  provisions  of  section  one  hundred  and 
fifty-two  of  chapter  six  hundred  and  four  of  the  acts  of  the 
year  nineteen  hundred  and  eight,  and  shall  also,  in  the  same 
year,  make  such  record  scores  with  the  prescribed  w^eapon 
of  his  arm  of  the  service  as  the  commander-in-chief  shall 
require;  and  provided,  further,  that  he  shall  not,  prior  to  the 
fifteenth  day  of  November  in  the  same  year,  have  been  dis- 
honorably discharged  from  the  military  or  naval  service  of 
the  commonwealth,  or  discharged  therefrom  for  the  best 
interests  of  the  service  or  for  cause  predicated  upon  unfaithful 
or  inefficient  service. 

Section  4.     For  each  absence  from  a  rendezvous  drill,  an  Absences 
enlisted  man  not  on  furlough  shall  in  addition  to  the  loss  of  etc!^  "  ' 


GIG 


Acts,  1911.  — Chap.  594. 


Proviso. 


Payments 
to  be  made 
annually, 
etc. 


Cliarg:es  for 
lost  jiroij- 
erty,  etc. 


pay  provided  for  in  section  three  of  this  act,  forfeit  to  the 
commonwealth  an  amount  equal  to  the  amount  of  pay  which 
he  would  have  been  entitled  to  receive  if  he  had  been  present 
at  such  drill,  the  amounts  so  forfeited,  if  any,  to  be  deducted 
annually  from  the  total  pay  due  such  enlisted  man  for  attend- 
ance at  rendezvous  drills  since  the  first  day  of  November  of 
the  preceding  year:  j)rovided,  however,  that  the  forfeitures  for 
absence  in  the  period  from  November  first  of  any  one  year  to 
and  including  October  thirty-first  of  the  year  following,  shall 
not  exceed  in  the  aggregate  the  total  amount  which  shall  be 
found  to  be  due  the  soldier  for  attendance  at  rendezvous 
drills  during  that  period. 

Section  5.  Payments  to  enlisted  men  under  the  pro- 
visions of  this  act  shall  be  made  annuallv,  as  soon  after 
December  first  as  practicable,  on  rolls  and  accounts  in  such 
form  as  the  commander-in-chief  may  prescribe.  Pay  rolls 
shall  include  the  period  from  November  first  of  one  year  to 
October  thirty-first  of  the  year  following,  both  of  said  dates 
inclusive,  shall  bear  the  names  of  all  enlisted  men  who  have 
served  the  whole  or  any  part  of  said  period,  and  shall  contain 
such  data  as  to  attendance,  absences,  forfeitures,  and  author- 
ized stoppages,  and  such  remarks,  as  will  enable  the  adjutant 
general  to  compute  the  amount,  if  any,  due  to  each  of  said 
enlisted  men.  Said  rolls  and  accounts  shall  be  transmitted 
to  the  adjutant  general  on  or  before  the  fifteenth  day  of 
November  next  following  the  end  of  the  period  for  which 
they  are  rendered,  and  shall  be  certified  by  him,  if  correct, 
and  then  presented  to  the  auditor  of  the  commonwealth  for 
allowance. 

Section  6.  Company  commanders  shall  charge  on  the 
annual  pay  roll  prescribed  in  section  five  of  this  act  against 
each  soldier,  all  arms,  equipments,  clothing,  and  other  public 
property  lost  or  damaged  through  fault  or  neglect  of  the 
soldier  charged  therewith.  All  such  articles  lost  shall  be 
enumerated,  and  the  adjutant  general  shall  deduct  the  value 
thereof  from  the  soldier's  pay,  and  credit  the  officer  account- 
able for  the  articles  with  the  amount  so  deducted  on  the 
property  account  in  which  said  losses  are  certified.  When  the 
soldier  is  charged  for  damage  to  public  property,  the  cost  of 
repairing  the  damage  shall  be  entered  on  the  pay  roll,  and 
the  adjutant  general  shall  deduct  a  like  sum  from  the  soldier's 
pay,  and  the  amount  so  deducted  shall  be  paid  to  the  com- 
pany fund  of  the  soldier's  coni])any.  Tf  the  amount  (\\\v  to 
the  soldier,  after  deducting  forfeitiu'es  for  absence,  is  not  ecpial 


Acts,  1911.  — Chap.  595.  617 

to  the  sum  of  the  foregoing  stoppages,  such  amount  as  may 
be  due  shall  be  first  applied,  so  far  as  it  will  go,  to  the  reim- 
bursement of  the  United  States  or  the  commonwealth  for 
public  property  lost,  and  secondly  to  the  reimbursement  of 
the  company  fund,  as  far  as  is  possible,  for  thd  cost  of  repair- 
ing damage  to  public  property. 

Section  7.     When  the  enlisted  men  of  the  volunteer  militia  state  pay  to 
shall  receive  from  the  United  States  government  any  pay  for  in  cert"a'in 
attendance  at  rendezvous  drills  for  which  state  pay  is  pro-  ^^^^^' 
vided  by  this  act,  said  state  pay  shall  be  reduced  by  the 
amounts  so  received  from  the  United  States  government: 
provided,  hoivever,  that  when  the  amounts  received  from  the  Proviso. 
United  States  government  for  such  drills  are  less  than  the 
amounts  provided  for  in  this  act,  the  deficiency  shall  be  paid 
by  the  commonwealth. 

Section  8.     All  acts  and  parts  of  acts  inconsistent  here-  Repeal, 
with  are  hereby  repealed. 

Section  9.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  27,  1911. 

An  Act  to  provide  for  the  maintenance  at  the  reforma-  (Jhan  595 

TORY  FOR  women,  THE  MASSACHUSETTS  REFORMATORY 
AND  THE  STATE  FARM  OF  DEPARTMENTS  FOR  DEFECTIVE 
DELINQUENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     If  in  any  case  where  a  court  might  by  way  of  Commit- 

•    .  .  »  o  »/  »/  ments  to  de- 

final  disposition  commit  an  offender  to  the  state  prison,  the  partment  for 
reformatory  for  women,  or  any  jail  or  house  of  correction,  deiimiuents. 
or  to  the  Massachusetts  reformatory,  the  state  farm,  or  to 
the  industrial  school  for  boys,  the  industrial  school  for  girls, 
the  Lyman  school,  any  truant  school,  or  the  custody  of  the 
state  board  of  charity,  for  an  offence  not  punishable  by  death 
or  imprisonment  for  life,  it  shall  appear  that  the  offender 
has  committed  the  oft'ence  with  which  he  is  charged,  is  men- 
tally defective,  and  is  not  a  proper  subject  for  the  schools 
for  the  feeble-minded,  or  for  commitment  as  an  insane  per- 
son, the  court  may  commit  such  offender  to  a  department 
for  defective  delinquents,  hereinafter  established,  according 
to  the  age  and  sex  of  the  defendant  as  hereinafter  provided. 

Section  2.     If  an  offender  while  under  commitment  to  violation  of 
any  of  the  institutions  or  to  the  board  named  in  section  one  etf."'***"*"^' 
of  this  act  persistently  violates  the  regulations  of  the  insti- 
tution or  board  in  whose  custody  the  offender  is,  or  conducts 


618 


Acts,  1911.  — Chap.  595. 


Certificate 
of  mental 
defectiveness 
to  be  filed, 
etc. 


Violation  of 
regulations, 
etc. 


Departments 
for  defective 
dclin(|iit'iils, 
Ulc. 


himself  or  herself  so  indecently  or  immorally,  or  otherwise 
so  grossly  misbehaves  as  to  render  himself  or  herself  an  unfit 
subject  for  retention  in  said  institution  or  by  said  board,  and 
it  appears  that  such  offender  is  mentally  defective  and  is 
not  a  proper  subject  for  the  schools  for  the  feeble-minded, 
the  physician  in  attendance  at  such  institution  or  a  physician 
employed  by  said  board  shall  make  a  report  thereof  to  the 
officer  in  charge  of  said  institution  or  to  the  superintendent 
of  minor  wards  of  said  board,  who  shall  transmit  the  same 
to  one  of  the  judges  mentioned  in  section  twentj'-nine  of 
chapter  five  hundred  and  four  of  the  acts  of  the  year  nine- 
teen hundred  and  nine.  The  judge  shall  make  inquiry  into 
the  facts  and,  if  satisfied  that  the  offender  is  mentally  defec- 
tive and  is  not  a  proper  subject  for  the  schools  for  the  feeble- 
minded, shall  order  the  removal  of  the  offender  to  a  depart- 
ment for  defective  delinquents,  hereinafter  established, 
according  to  the  age  and  sex  of  the  defendant  as  hereinafter 
provided. 

Section  3.  No  person  shall  be  committed  to  a  depart- 
ment for  defective  delinquents  under  the  two  preceding  sec- 
tions unless  there  has  been  filed  with  the  judge  a  certificate 
of  the  mental  defectiveness  of  such  person  by  two  physicians 
qualified  as  provided  in  section  thirty-two  of  chapter  five 
hundred  and  four  of  the  acts  of  the  year  nineteen  hundred 
and  nine  and  acts  in  amendment  thereof  or  in  addition 
thereto.  The  fees  of  the  certifying  physicians  shall  be  of 
the  amount  and  paid  in  the  manner  provided  for  like  service 
in  said  chapter  five  hundred  and  four,  and  acts  in  amend- 
ment thereof  and  in  addition  thereto. 

Section  4.  If  an  inmate  of  a  school  for  the  feeble-minded 
persistently  violates  the  regulations  of  the  school,  or  con- 
ducts himself  or  herself  so  indecently  or  immorally,  or  so 
grossly  misbehaves  as  to  render  himself  or  herself  an  unfit 
subject  for  retentio!!  therein,  the  officer  in  charge  of  the  school 
shall  make  a  report  thereof  to  one  of  the  judges  mentioned 
in  section  twenty-nine  of  said  chapter  five  hundred  and  four. 
The  judge  shall  make  inquiry  into  the  facts  and,  if  satis- 
fied that  such  inmate  is  not  a  fit  subject  for  retention  in  the 
said  school,  shall  order  the  removal  of  the  inmate  to  a  de- 
partment for  defective  delinquents,  hereinafter  established, 
according  to  the  age  and  sex  of  the  inmate  as  hereinafter 
})rovided. 

Section  5.  At  the  reformatory  for  women,  the  Massa- 
chusetts reformatory,  and  the  state  farm  there  shall  be  main- 


Acts,  1911.  — Chap.  595.  G19 

tamed  departments  to  be  termed  departments  for  defective 
delinquents,  for  the  custody  of  persons  committed  thereto 
under  this  act.  All  male  persons  under  twenty-one  years  of 
age  committed  under  the  provisions  of  this  act  shall  be 
committed  to  the  department  at  the  Massachusetts  reforma- 
tory. Men  twenty-one  years  of  age,  or  over,  committed 
under  this  act  shall  be  committed  to  the  department  at  the 
state  farm.  All  women  and  girls  committed  under  this  act 
shall  be  committed  to  the  department  at  the  reformatory 
for  women.  All  persons  committed  to  the  departments  for 
defective  delinquents  hereb}^  established  at  the  reformatory 
for  women  and  the  Massachusetts  reformatory  shall  be  and 
remain  in  the  custody  of  the  board  of  prison  commissioners 
until  discharged  as  hereinafter  provided,  and  all  persons 
committed  to  the  department  for  defective  delinquents 
hereby  established  at  the  state  farm  shall  be  and  remain  in 
the  custody  of  the  trustees  of  the  state  farm  until  discharged 
as  hereinafter  provided. 

Section  6.  The  prison  commissioners  and  the  trustees  of  Parole,  etc. 
the  state  farm  may,  respectively,  parole  inmates  of  the 
departments  for  defective  delinquents,  herein  provided  for, 
at  their  respective  institutions,  on  such  conditions  as  they 
deem  best,  and  they  may  at  any  time  recall  to  the  institu- 
tion any  inmate  paroled. 

Section  7.     Any  person  may  apply  at  any  time  to  the  Application 


for  dis- 


justice  of  the  district,  police  or  municipal  court  in  whose  charge 
jurisdiction  a  department  for  defective  delinquents  is  located 
for  the  discharge  of  any  inmate  of  said  department.  A  hear- 
ing shall  thereupon  be  held  by  said  justice,  of  which  notice 
shall  be  given  to  the  applicant  and  to  the  person  in  charge 
of  the  institution  where  the  inmate  is  confined.  If  after  the 
hearing  the  justice  shall  find  that  it  is  probable  that  the 
inmate  can  be  suffered  at  large  without  serious  injury  to 
himself  or  herself,  or  damage  or  injury  or  annoyance  to 
others,  the  authorities  having  custody  of  said  inmate  shall 
parole  the  inmate.  Further  action  on  the  application  for 
the  inmate's  discharge  shall  be  suspended  for  one  year  from 
the  date  of  his  or  her  parole.  If  at  the  end  of  said  year  the 
justice  of  the  court  where  the  application  was  filed  shall  find 
that  said  inmate  can  be  suffered  to  be  permanently  at  large 
without  serious  injury  to  himself  or  herself,  or  damage  or 
injury  or  annoyance  to  others,  the  authorities  having  custody 
of  said  inmate  shall  discharge  the  inmate.  If,  at  any  time 
prior  to  the  expiration  of  said  year  of  parole,  the  justice  of 


etc. 


620 


Acts,  1911.  — Chat.  595. 


Powers  of 
spi'oiiil 
justices  of 
courts,  etc. 


RecorJs  of 
proceedings. 


Commit- 
ments. 


Expenses. 


Tiino  of 
tiikint;  effect. 


the  court  where  the  application  was  filed  shall  be  satisfied 
that  the  best  interests  of  said  inmate,  or  of  the  public,  require 
the  recall  of  the  inmate  from  parole,  he  may  authorize  the 
authorities  having  custody  of  the  inmate  to  recall  the  in,mate 
from  parole.  If  an  application  is  denied,  a  new  application 
shall  not  be  made  within  one  year  after  the  date  of  the  order 
denying  the  previous  application.  If  a  person  discharged 
under  the  provisions  of  this  section  is  found  by  any  court  to 
have  committed,  after  his  discharge,  any  ofi'ence  against  the 
laws  of  the  commonwealth,  said  court  may  commit  such  per- 
son to  a  department  for  defective  delinquents  without  the 
certificate  of  any  physician. 

Section  8.  Any  special  justice,  when  holding  court  at 
the  request  of  the  justice,  shall  have  the  powers  and  perform 
the  duties  of  the  justice  under  this  act.  In  case  of  a  vacancy 
in  the  office  of  justice  and  in  the  case  of  the  illness,  absence 
or  other  disability  of  the  justice,  the  special  justice  who  holds 
the  senior  commission  shall,  if  no  request  has  been  made  as 
aforesaid,  have  the  powers  and  perform  the  duties  of  the 
justice  under  this  act. 

Section  9.  The  record  of  all  proceedings  under  this  act, 
and  all  papers  in  connection  therewith,  shall  be  kept  as  pro- 
vided in  section  forty-one  of  chapter  five  hundred  and  four 
of  the  acts  of  the  year  nineteen  hundred  and  nine,  and  the 
same  docket  shall  be  used  for  the  proceedings  under  this  act 
which  is  used  under  said  section  forty-one. 
■  Section  10.  All  commitments  under  this  act  shall  be 
made  under  an  order  signed  by  the  judge  making  the  order. 
Orders  for  commitment  may  be  served  by  any  person  qualified 
to  serve  any  processes  issued  from  the  court  in  which  the 
justice  making  the  commitment  sits  or,  in  case  of  transfers, 
by  any  officer  or  attendant  of  the  institution  from  which  the 
transfer  is  being  made.  The  officer  or  other  person  serving 
such  order  shall  make  return  of  service  on  an  attested  copy 
of  the  order. 

Section  11.  All  the  expenses  attending  all  proceedings 
under  this  act  shall  be  allowed,  certified,  and  ])aid  in  the 
manner  ])rovided  in  section  forty-nine  of  chapter  fi\e  hun- 
dred and  four  of  the  acts  of  the  year  nineteen  hundred  and 
nine  and  acts  in  amendment  thereof  and  in  addition  thereto. 

Section  12.  This  act  shall  take  efi'ect  when  the  dejiart- 
ments  named  in  section  five  are  ready  for  occupancy.  The 
prison  commissioners  and  the  trustees  of  the  state  farm  shall 
notify  the  governor  when  saitl  dei)artments  are  in  a  suitable 


Acts,  1011.  — Chaps.  596,  597.  621 

condition  to  receive  inmates;  and  the  governor  may  then 
issue  his  proclamation  estabHshing  such  departments  as 
places  for  the  custody  of  defective  delinquents. 

Approved  June  27,  1911. 

An  Act  to  provide  for  the  construction  of  sanitary  (JJian  596 

STATIONS   IN   CITIES  AND   IN   CERTAIN   TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     In  every  city  and  in  all  towns  having  a  popu-  Construction 
lation  of  over  ten  thousand  inhabitants,  there  shall  be  pro-  staTious^eL. 
vided  in  some  convenient  place  or  places,  at  or  near  the  busi- 
ness centre  of  the  city  or  town,  one  or  more  sanitary  stations 
with  separate  water  closets  for  the  use  of  both  sexes,  which 
sanitary  stations  shall  be  established  and  maintained  by  the 
city  or  town  in  which  they  are  located.     The  number  and 
the  location  of  said  sanitary  stations  shall  be  determined  for 
every  city,  and  for  every  such  town,  by  the  local  board  of 
health:  provided,  however,  that  if  in  the  opinion  of  the  board  Proviso, 
of  health  of  any  city  or  town  such  sanitary  stations  are  not 
necessary  in  that  city  or  town  such  city  or  town  shall  not  be 
required  to  provide  the  same. 

Section  2.     This  act  shall  take  effect  on  the  first  day  of  Time  of 

o       ,         1  •       ,  1  1       1  1      1  taking  effect. 

beptember,  nmeteen  hundred  and  eleven. 

( The  foregoing  was  laid  before  the  Governor  on  the  twentieth 
day  of  June,  1911,  and  after  five  days  it  had  "the  force  of  a 
law",  as  prescribed  by  the  Constitution,  as  it  was  not  returned 
by  him  with  his  objections  thereto  ivithin  that  tijne.) 

An  Act  to  encourage  and  promote  the  building  and  nhf,.^  597 
use  of  tuberculosis  hospitals  in  cities  and  towns.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Every  city  or  town  which  establishes  and  Building 
maintains  a  tuberculosis  hospital  shall  be  entitled  to  receive  tuberculosis 
from  the  commonwealth  a  subsidy  of  five  dollars  per  week  et°c!^'**'^' 
for  each  patient  who  is  unable  to  pay  for  his  support,  or  whose 
kindred  bound  by  law  to  maintain  him  are  unable  to  pay  for 
the  same,  but  the  city  or  town  shall  not  become  entitled  to 
this  subsidy  unless,  upon  examination  authorized  by  the 
trustees  of  hospitals  for  consumptives,  the  sputum  of  such 
patients  be  found  to  contain  bacilli  of  tuberculosis,  and  unless 
the  hospital  be  subject  to  the  inspection  of,  and  be  approved 
by,  said  trustees. 


622 


Acts,  1911.  — Chap.  598. 


Payment  of 
claims. 


Section  2.  Said  trustees  of  hospitals  for  consumptives 
shall  certify  in  the  case  of  each  hosi)ital  approved  by  them 
as  provided  in  the  preceding  section  the  number  of  patients 
for  whom  the  city  or  town  is  entitled  to  the  subsidy,  and 
upon  such  certification  the  subsidy  shall  be  paid  from  the 
treasury  of  the  commonwealth  in  the  same  manner  in  which 
other  claims  against  the  commonwealth  are  paid. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

(The  foregoing  was  laid  before  the  Governor  on  the  twenty- 
first  day  of  June,  1011,  and  after  fire  days  it  had  "the  force  of 
a  Iaiv'\  as  'prescribed  by  the  Constitution,  as  it  was  not  returned 
by  him  ivith  his  objectio72s  thereto  within  that  time.) 


Town  of 
Brain  tree 
W\Tter  Loan, 
Act  of  1911. 


Chap-^ydS  An  Act  to  authorize  the  town  of  braintree  to  borrow 

MONEY   FOR   WATER  SUPPLY   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Braintree,  for  the  purpose  of 
procuring  machinery  for  use  in  its  water  department,  and  of 
otherwise  improving  and  extending  its  water  supply,  under 
the  direction  of  the  board  of  water  commissioners  of  the 
town,  is  hereby  authorized  to  expend  a  sum  not  exceeding 
fifteen  thousand  dollars,  and  to  issue  therefor  notes  or  bonds. 
Such  notes  or  bonds  shall  bear  on  their  face  the  words.  Town 
of  Braintree  Water  Loan,  Act  of  1911;  shall  be  payable  at 
the  expiration  of  periods  not  exceeding  ten  years  from  the 
dates  of  issue;  shall  bear  interest,  payable  semi-annually,  at 
a  rate  not  exceeding  four  and  one  half  per  cent  per  annum; 
and  shall  be  signed  by  the  treasurer  of  the  town  and  counter- 
signed by  the  water  commissioners.  The  town  may  sell  the 
said  securities  at  public  or  private  sale  upon  such  terms  and 
conditions  as  it  may  deem  proper,  but  they  shall  not  be  sold 
for  less  than  their  par  value. 

Section  2.  The  town  of  Braintree  shall,  at  the  time  of 
authorizing  said  loan,  provide  for  the  payment  thereof  in 
such  annual  payments,  as  nearly  eciual  in  amount  as  practi- 
cable, as  will  extinguish  the  same  within  the  time  prescribed 
l)y  this  act;  and  when  a  vote  to  that  effect  has  been  passed 
a  sum  which,  with  the  income  derived  from  water  rates,  will 
be  sufficient  to  pay  the  annual  expense  of  operating  its  water 
works  and  the  interest  as  it  accrues  on  the  said  notes  or  bonds, 
and  to  make  such  payments  on  the  ])rinci])al  as  may  be  re- 
([uircd  under  the  i)r()visions  of  tliis  act,  shall  without  further 
vote  be  assessed  and  collected  bv  the  town  in  each  \ear 


Payment  of 
loan. 


Acts,  1911.  — Chaps.  599,  600.  623 

thereafter  in  a  manner  similar  to  that  in  whieh  other  taxes 
are  assessed,  until  the  debt  incurred  by  said  loan  is  extin- 
guished. 

Section  3.     This  act  shall  take  effect  ui)on  its  passage. 

Approved  June  29,  1911. 


Chap.m^ 


An  Act  for  the  relief  of  charles  h.   sanborn. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Charles  H.  Sanborn  of  Boston  is  hereby  Relief  of 
empowered  to  maintain  his  suit  against  the  city  of  New  sauboru"' 
Bedford,  now  pending  in  the  superior  court  for  the  county 
of  Suffolk,  for  materials  and  labor  furnished  to  the  said  city, 
as  fully  and  with  the  same  effect  as  if  all  provisions  of  law 
relating  to  the  ordering  of  materials  and  labor  for  the  city 
had  been  complied  with. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  29,  1911. 


Chap.mO 


An  Act  to  define  the  standard  for  vinegar  and  to 

regulate  its  sale. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  sixty-six  of  chapter  fifty-seven  of  the  r.  l.  57,  §  ee, 
Revised  Laws  is  hereby  amended  by  striking  out  the  said  ^^^nded. 
section  and  inserting  in  place  thereof  the  following  section: 
—  Section  66.     Whoever,  himself  or  by  his  servant  or  agent  Penalty  for 
or  as  the  servant  or  agent  of  another  person,  sells,  exchanges  adu/tfrated 
or  delivers,  or  has  in  his  custody  or  possession  with  intent  ^'°<^sar. 
to  sell,  exchange  or  deliver,  or  exposes  or  offers  for  sale  or 
exchange  adulterated  vinegar,  or  whoever  labels,  brands,  or 
sells  as  cider  vinegar  or  as  apple  vinegar,  any  vinegar  not 
the  exclusive  product  of  the  alcoholic  and  subsequent  acetous 
fermentation  of  the  pure  juice  of  fresh  apples,  shall  be  pun- 
ished by  a  fine  of  not  more  than  one  hundred  dollars. 

Section  2.     Section  sixty-seven  of  chapter  fifty-seven  of  R-  l.  57,  §  67, 
the  Revised  Laws  is  hereby  amended  by  striking  out  the  same 
and  inserting  in  place  thereof  the  following:  —  Section  67.  Qualities 
Vinegar  shall  contain  no  added  or  artificial  coloring  matter,  defined. 
and  shall  contain  not  less  than  four  and  one  half  per  cent, 
by  weight,  of  absolute  acetic  acid.     Cider  vinegar  shall  in 
addition  contain  not  less  than  one  and  eight  tenths  per  cent 
by  weight,  of  cider  vinegar  solids  upon  full  evaporation  at 
the  temperature  of  boiling  water.     If  vinegar  contains  any 


624 


Acts,  1911.  — Ciiai'.  GOl. 


Container  to 
be  marked. 


Penalty. 


Enforcement 
of  law. 


Repeal. 


Time  of 
taking  effect. 


julded  or  artificial  coloring];  matter,  or  less  than  the  required 
amount  of  acidity,  or  if  cider  vinegar  contains  less  than  the 
required  amount  of  acidit}'  or  oi  cider  vinegar  solids,  it  shall 
be  deemed  to  be  adulterated. 

Section  3.  Each  cask,  barrel  or  other  container  used  by 
a  manufacturer  or  producer  of  or  wholesale  dealer  in  vinegar, 
to  contain  vinegar  sold  or  ofi'ered  for  sale,  shall  be  plainly 
marked  with  the  name  and  place  of  business  of  the  said 
manufacturer,  producer  or  wholesale  dealer,  the  kind  of 
vinegar  contained  therein,  and  the  substance  or  substances 
from  which  it  was  made.  Every  compound  or  mixture  or 
blend  of  vinegar  shall  be  marked  with  the  word  "compound" 
or  "mixture",  with  a  statement  of  its  constituents  and  the 
percentage  of  each  constituent.  The  principal  label,  includ- 
ing the  word  "compound"  or  "mixture",  if  used  on  vinegar 
in  wooden  packages,  shall  be  in  Roman  letters  not  less  than 
one  inch  high,  properly  spaced  and  in  straight  parallel  lines 
with  no  more  than  two  inches  of  space  between  each  line. 
The  marking  of  vinegar  in  other  containers  than  wooden 
packages  shall  be  governed  by  the  provisions  of  sections 
eighteen  and  nineteen  of  chapter  seventy-five  of  the  Revised 
Laws.  Whoever,  himself,  or  by  his  servant  or  agent,  vio- 
lates any  provision  of  this  section  shall  be  punished  by  a  fine 
of  not  more  than  one  hundred  dollars. 

Section  4.  All  officers  or  persons  whose  duty  it  is  to 
enforce  the  laws  relating  to  food  and  milk,  shall  enforce  the 
laws  relating  to  vinegar,  and  all  statutes  relating  to  food 
shall  apply  to  vinegar  so  far  as  they  may  be  applicable. 

Section  5.  Section  sixty-nine  of  chapter  fifty-seven  of 
the  Revised  Laws  is  hereby  repealed. 

Section  6.  This  act  shall  take  effect  on  the  first  day  of 
July  in  the  year  nineteen  hundred  and  eleven. 

Approved  June  29,  1911. 


CJiap.ijOl  An  Act  to  authorize  the  stone  institute  to  convey  its 

REAL  ESTATE  AND  OTHER  PROPERTY  TO  THE  NEWTON 
HOME  FOR  AGED  PEOPLE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Stone  Listitute,  incorporated  by  chap- 
ter eighteen  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four,  for  the  purpose  of  comfortably  suppi)rting  aged 
and  respectable  men  and  women  in  indigent  circumstances, 
is  hereby  authorized  to  convey  to  the  Newton  Home  for 


Tho  Rtonc 
Institute 
may  ciiiivoy 
roal  esilate, 
etc. 


Acts,  1911.  — Chap.  G02.  625 

Aged  People,  a  corporation  organized  under  the  general 
laws  and  located  in  the  city  of  Newton,  all  the  real  estate 
and  other  property  of  the  first  named  corporation  now  held 
by  it  or  in  which  it  is  in  any  way  interested,  by  an  instrument 
or  instruments  to  be  signed  by  the  president  and  treasurer 
of  said  corporation.  Upon  the  execution  thereof,  and  the 
recording  of  the  conveyance  of  the  real  estate  belonging  to 
the  Stone  Institute  in  the  registry  of  deeds  for  the  southern 
district  of  the  county  of  Middlesex,  the  said  Stone  Institute 
shall  thereby  be  dissolved,  and  all  the  real  estate  and  personal 
property  of  the  Stone  Institute  shall  be  vested  in  the  Newton 
Home  for  Aged  People,  and  said  last  named  corporation 
shall  thereby  assume  all  the  liabilities  and  obligations  of 
said  Stone  Institute. 

Section  2.     All  property  so  transferred  shall  be  held  by  Property 
the  Newton  Home  for  Aged  People  upon  the  same  or  as  be^heknj/" 
nearly  as  possible  upon  the  same  trusts  and  for  the  same  pur-  Home^for°° 
poses  upon  which  the  said  property  is  now  held.     In  case  of  ^^^^  People. 
doubt  as  to  the  precise  manner  in  which  the  property,  or 
the  income  thereof,  should  be  applied,  the  matter  may  be 
determined  by  the  supreme  judicial  court,  upon  application 
of  any  person  interested  or  of  the  attorney-general. 

Section  3.     The  name  of  the  Newton  Home  for  Aged  fjfaTiged 
People  is  hereby  changed  to  Stone  Institute  and  Newton 
Home  for  Aged  People. 

Section  4.     All  gifts,  conveyances,  grants,  bequests  and  ve'raAccsr 
devises  heretofore  or  hereafter  made  to  or  for  the  benefit  of  e*<=- 
said  Stone  Institute,  or  to  or  for  the  benefit  of  said  Newton 
Home  for  Aged  People,  shall  vest  in  the  Stone  Institute  and 
Newton  Home  for  Aged  People. 

Section  5.    This  act  shall  take  effect  upon  its  passage. 

Ai^proved  June  30,  1911. 

An  Act  to  authorize  the  federated  boys'  clubs  to  Chap.602 

HOLD   its  meetings   WITHOUT  THE   COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  Federated  Boys'  Clubs,  a  corporation  Meetings  of 
organized  under  the  general  laws  of  this  commonwealth,  is  Boys^ciuljs. 
hereby  authorized  to  hold  its  meetings  and  those  of  its  board 
of  directors  in  any  state  or  territory  of  the  United  States 
and  in  the  District  of  Columbia. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  30,  1911. 


626 


Acts,  1911.  — Chap.  603. 


Chap.()03  An  Act  relative  to  obtaining  information  concerning 

THE     PROPER     LIGHTING     OF     FACTORIES     AND     WORKSHOPS 
and    INVESTIGATING    EYE    INJURIES. 


Lightinjc  of 
fiiftoi'ii's  Mild 
workshops, 
etc. 


Devices  for 
preventing 
eye  injuries 
to  employees. 


Penalty. 


Proviso. 


Kxpondi- 
tares. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  state  inspectors  of  health,  or  such  other 
officers  as  the  state  board  of  health  may  from  time  to  time 
appoint,  shall,  when  obtaining  information  concerning  the 
proper  lighting  of  factories,  workshops  and  other  industrial 
establishments,  make  such  investigation  concerning  the  eye 
and  vision  in  their  relation  to  diseases  of  occupation,  includ- 
ing injuries  to  the  eyes  of  the  employees,  and  to  the  patho- 
logical effects  which  are  produced  or  promoted  by  the  circum- 
stances under  which  the  various  occupations  are  carried  on, 
as,  in  the  opinion  of  said  board  is  practicable,  and  the  board 
shall  from  time  to  time  issue  such  printed  matter  containing 
suggestions  to  employers  and  employees  for  the  protection 
of  the  eyes  of  the  employees  as  it  ma}'  deem  adxisable. 

Section  2.  If  it  appears  to  an  inspector  of  health,  or 
other  officer  appointed  by  said  board,  that  in  any  factory, 
workshop  or  other  industrial  establishment,  from  the  nature 
of  the  work  or  of  the  machinery  used  in  connection  there- 
with, or  of  other  circumstances,  there  is  danger  of  injury  to 
the  eyes  of  employees  engaged  in  such  work,  and  that  the 
danger  of  injury  may  be  decreased  or  prevented  by  any 
mechanical  device  or  other  practicable  means,  he  shall,  if 
said  board  so  directs,  order  in  writing  that  such  device  or 
other  means  shall  be  provided  therein;  and  it  shall  be  the 
duty  of  the  proprietors  and  managers  of  the  factory,  work- 
shop or  other  industrial  establishment  to  comply  with  the 
order. 

Section  3.  Any  person,  firm  or  corporation  violating  any 
provision  of  this  act  shall  be  sul)ject  to  a  fine  of  not  less  than 
five  nor  more  than  two  hundred  dollars  for  exevy  week  dm-ing 
which  such  violation  continues:  jirovidcd,  however,  that  a 
criminal  prosecution  for  any  violation  hereof  shall  not  be 
begun  unless  such  person,  firm  or  corporation  shall,  for  a 
period  of  four  weeks  after  the  receipt  of  an  order  in  writing 
from  a  state  inspector  of  health  or  other  officer,  as  pro\itled 
in  the  preceding  section,  neglect  to  comply  therewith. 

Section  4.  There  shall  annually  be  apjiropriatod  from 
the  treasury  of  the  commonwealth  a  sum  not  exceeding  one 


Acts,  1911.  — CiiArs.  601,  605.  627 

thousand  dollars,  which  sum  shall  be  added  to  the  sum  pro- 
vided for  by  section  seven  of  chapter  five  hundred  and  thirty- 
seven  of  the  acts  of  the  year  nineteen  hundred  and  seven. 

Approved  June  30,  1011. 


An  Act  relative  to  the  removal  of  insane  prisoners  Chap.604: 

FROM  the  MASSACHUSETTS  REFORMATORY  AND  THE  REFORM- 
ATORY  FOR  WOMEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  three  hundred  and  §^i^°a'm4^ded. 
forty-five  of  the  acts  of  the  year  nineteen  hundred  and  ten 
is  hereby  amended  by  striking  out  the  words  "central  dis- 
trict court  of",  in  the  fifth  line,  and  inserting  in  place  thereof 
the  words:  —  district  court  of  central,  —  and  also  by  strik- 
ing out  the  words  "  southern  district  court  of",  in  the  eleventh 
and  twelfth  lines,  and  inserting  in  place  thereof  the  words:  — 
district  court  of  southern,  —  so  as  to  read  as  follows:  — 
Section  1.     The  reports  on  the  insanity  of  prisoners  in  the  Certain 
Massachusetts  reformatory,   required  by  section  one  hun-  fnsanitj^of 
dred  and  five  of  chapter  five  hundred  and  four  of  the  acts  of  be  submutl"d 
nineteen  hundred  and  nine,  may  be  submitted  to  the  district  *°^^j^  ^^^ 
court  of  central  Middlesex;  and  that  court  shall  have  the 
same  authority  as  the  superior  court  to  issue  the  warrant 
for  the  commitment   of   a  prisoner  in  the   Massachusetts 
reformatory  to  the  Bridgewater  state  hospital  which  is  pro- 
vided for  in  said  section.     The  reports  required  by  that 
section  in  respect  to  prisoners  in  the  reformatory  prison  for 
w^omen  may  be  submitted  to  the  first  district  court  of  southern 
Middlesex,  and  that  court  shall  have  the  same  authority  as  the 
superior  court  to  issue  the  warrant  for  the  commitment  of  a 
prisoner  in  the  reformatory  prison  for  women  to  one  of  the 
state  hospitals  for  the  insane  which  is  provided  for  in  said 
section.  • 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  30,  1011. 

An  Act   relative  to   commitments  to  the   industrial  (JJiajj.QOS 

SCHOOL   FOR   BOYS. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     Chapter  four  hundred  and  seventy-two  of  P^^' ^'^^\  ■, 

1  „      ,  *         .  I  I        1  1        •  •       1  1         §  ^'  amended. 

the  acts  or  the  year  nuieteen  hundred  and  nme  is  hereby 


628  Acts,  1911.  — Chaps.  600,  GOT. 

amended  by  striking  out  section  two  and  inserting  in  place 
Courts  of         thereof  the  following:  —  Section  2.     Until  December  thirty- 
to'iTndfiflcd     first,   nineteen  hundred  and  thirteen,   the  trustees  of  the 
Ts'fuuretc."       industrial  school  for  boys  may  notify  the  courts  of  commit- 
ment when  the  school  is  full,  and  no  boys  shall  thereafter, 
within  the  said  period,  be  committed,  except  with  the  con- 
sent of  the  trustees;  but  the  courts  of  commitment  shall 
have  during  that  time  the  same  right  to  commit  boys  over 
fifteen  years  of  age  to  the  Suffolk  school  for  boys  which  ex- 
isted before  August  first,  nineteen  hundred  and  nine,  when 
the  industrial  school  for  boys  was  declared  opened. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  30,  1011. 


Chcqj.GOij  An  Act  to  authorize  the  new  Bedford  women's  christian 

ASSOCIATION  to  CONVEY  ITS  PROPERTY  TO  THE  NEW  BED- 
FORD   YOUNG    women's    CHRISTIAN    ASSOCIATION. 

Be  it  enacted,  etc.,  as  follows: 

llvudixVvl  ■  Section  1.  The  New  Bedford  Women's  Christian  Asso- 
ertyintho  ciatiou  is  hcrcby  authorized  to  transfer  and  convey  all  its 
Bedford.  property  to  the  New  Bedford  Young  Women's  Christian 

Association,  a  corporation  duly  established  under  the  laws 
of  this  commonwealth,  and  the  New  Bedford  Young  Women's 
Christian  Association  may  take  and  hold  all  property  of  the 
New  Bedford  Women's  Christian  Association,  and  all  prop- 
erty held  in  trust  by  it,  upon  the  same  trusts  upon  which 
said  property  is  now  held  by  said  association,  and  to  that 
end,  with  the  consent  of  the  New  Bedford  Women's  Christian 
Association,  may  apply  to  the  probate  court  for  the  county 
of  Bristol,  sitting  in  equity  within  and  for  the  said  county 
to  be  appointed  trustee  in  place  of  the  New  Bedford  Women's 
Christian  Association. 
Section  2.    This  act  shall  take  effect  upon  its  i)assage. 

Approved  June  SO,  1911. 


ChajKGOl  An  Act  to  provide  for  establishing  with  the  assist- 
ance of  the  commonwealth  homesteads  for  "WORK- 
MEN IN  THE  SUBURBS  OF  CITIES  AND  TOWNS. 

Be  it  enacted,  etc.,  as  follows: 
iiomoRtend  SectioN  1.     A  commissiou   is  hereby   established,   to  be 

Coiniiii.sKiiiii  ITT  1/1  ••*  li  •    J.        t 

created.  kuowu  as  the  Ilomestcad  Connnission,  and  to  consist  oi 


Acts,  1911.  — Chap.  608.  629 

the  following  persons:  —  the  director  of  the  bureau  of  sta- 
tistics, the  bank  commissioner,  the  president  of  the  Massa- 
chusetts Agricultural  College,  one  member  of  the  state  board 
of  health,  to  be  selected  by  the  board,  and  three  other  per- 
sons to  be  appointed  by  the  governor,  with  the  advice  and 
consent  of  the  council.  The  three  members  of  the  commis-  Terms  of 
sion  last  named  shall  be  appointed  in  the  first  place  for  terms 
of  one,  two  and  three  years,  respectively,  and  thereafter  their 
successors  shall  be  appointed  for  terms  of  three  years.  Of 
the  persons  so  appointed  by  the  governor,  one  shall  be  a 
woman,  and  one  at  least  shall  represent  the  laboring  class. 
The  commission  shall  report  to  the  next  general  court,  not  Report, 
later  than  the  tenth  day  of  January,  nineteen  hundred  and 
twelve,  a  bill  or  bills  embodying  a  plan  and  the  method  of 
carrying  it  out  whereby,  with  the  assistance  of  the  common- 
wealth, homesteads  or  small  houses  and  plots  of  ground  may 
be  acquired  by  mechanics,  factory  employees,  laborers  and 
others  in  the  suburbs  of  cities  and  towns.  The  .members  Compensa- 
of  the  commission  shall  serve  without  compensation,  but 
shall  be  allowed  such  sums  for  their  expenses  as  may  be 
approved  by  the  governor  and  council. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  30,  1911. 


An  Act  to  confirm  certain  proceedings  of  the  town  (JJkip  gQg 

OF  WINCHESTER  RELATIVE  TO  THE  LAYING  OUT  OF  PUBLIC 
PARKS. 

Be  it  enacted,  etc.,  as  follows: 

vSection  1.     The  acceptance  by  the  town  of  Winchester  certain  pro- 
of chapter  one  hundred  and  fifty-four  of  the  acts  of  the  year  the  town  of 
eighteen  hundred  and  eighty-two,  entitled  "An  Act  authoriz-  gonfill^ied.'^ 
ing  towns  and  cities  to  lay  out  public  parks  within  their 
limits",  and  acts  in  amendment  thereof,  at  a  town  meeting 
held  on  the  fifteenth  day  of  June  in  the  year  eighteen  hundred 
and  ninety-three,  shall  not  be  invalid  by  reason  of  the  fact 
that  the  warrant  calling  said  meeting  required  that  only  four 
days'  notice  of  the  meeting  be  given  to  the  inhabitants  of 
said  town,  and  that  only  four  days'  notice  of  the  meeting 
was  given,  or  by  reason  of  any  other  informality  in  the  call- 
ing or  conduct  of  said  meeting. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  30,  1911. 


630 


Acts,  1911.  — Chat.  009. 


East  Boston 
Marginal 
Freight 
Railroad 
Company  in- 
corporated. 


Capital 
Stock,  etc. 


C%ap.609  An  Act  to  incorporate  the  east  boston  marginal  freight 

K^ILROAD    COMPANY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Alfred  E.  Cox,  Jeremiah  Campbell,  Wendell 
F.  Brown,  Elbridge  11.  Anderson  and  George  A.  Sweetser, 
their  associates  and  successors,  are  hereby  made  a  corpora- 
tion by  the  name  of  the  East  Boston  IVIarginal  Freight  Rail- 
road Company,  hereinafter  designated  as  said  corporation, 
subject  to  all  general  laws  now  or  hereafter  in  force  relating 
to  railroad  corporations,  so  far  as  the  same  are  applicable 
and  not  inconsistent  herewith. 

Section  2.  The  capital  stock  of  said  corporation  shall 
not  exceed  two  hundred  thousand  dollars,  and  shall  be  di\ided 
into  shares  of  the  par  value  of  one  hundred  dollars  each. 
One  hundred  and  twenty  thousand  dollars  of  said  capital 
stock  may  be  issued  for  the  purpose  of  constructing  a 
railroad  from  a  point  at  or  near  the  corner  of  Condor  and 
Border  streets  in  East  Boston  to  a  convenient  point  of  con- 
nection with  the  tracks  of  the  Boston  and  Albany  Railroad 
Company,  New  York  Central  and  Hudson  River  Railroad 
Company,  lessee,  on  or  near  Webster  street  in  East  Boston, 
as  set  forth  in  this  act;  and  eighty  thousand  dollars  of  said 
stock  shall  be  held  in  reserve  to  be  issued  for  the  construction 
of  the  Chelsea  Creek  extension,  as  provided  for  in  section 
four  of  this  act. 

Section  3.  Said  corporation  may  issue  coupon  or  regis- 
tered bonds  for  any  purpose  for  which  the  corporation  may 
lawfully  spend  money  to  an  amount  provided  for  by  law,  and 
may,  to  secure  the  payment  thereof,  mortgage  or  pledge  its 
franchises  and  all  property  owned  or  thereafter  acquired  by 
it,  but  no  bonds  or  stock  shall  be  issued  under  the  provi- 
sions of  this  act  until  the  issue  thereof  shall  have  been  ap- 
proved by  the  board  of  railroad  commissioners  as  pro^'ided 
by  law. 

Section  4.  Said  corporation  may  locate,  construct,  main- 
tain, and  operate  by  steam  power,  electricity  or  other  mechan- 
ical power  approved  by  the  board  of  railroad  commissioners, 
a  railroad  for  the  transportation  of  freight  only  between  the 
hours  of  ten  p.m.  and  five  a.m.  and  upon  and  over  the  follow- 
ing location,  to  wit:  —  Beginning  at  or  near  the  junction  of 
Border  and  Condor  streets  in  tliat  part  of  Boston  known  as 
East  Boston;  thence  running  in,  upon  and  through  Border 


May  issue 
bonds,  etc. 


Construc- 
tion, opera- 
tion, etc., 
of  railroad. 


Location 
defined. 


Acts,  1911.  — Chap.  609.  G31 

street  to  and  by  a  necessary  curve  into  Sumner  street,  thence 
running  in,  upon  and  through  Sumner  street  to  and  by  a 
necessary  curve  into  Lewis  street,  thence  running  in,  upon  and 
through  Lewis  street  to  and  by  a  necessary  curve  into  Webster 
street,  thence  in,  upon  and  through  Webster  street  to  a  con- 
venient point  of  connection  with  the  existing  tracks  of  the 
Boston  and  Albany  Railroad  Company  as  specified  in  section 
two;  together  with  a  spur  track  beginning  at  the  corner  of  New 
street  and  Maverick  street  and  running  in,  upon  and  through 
New  street  to  and  into  Sumner  street  by  a  necessary  curve, 
and  in,  upon  and  through  Sumner  street  to  a  connection 
with  the  main  track  as  above  located.     And  said  corpora-  May  construct 

,•  J  J.  1      1  1  •  T  branches, 

tion  may  construct  such  branches,  spurs,  sidmgs,  connec-  etc. 
tions,  switches,  terminal  tracks  and  extensions  in  connection 
with  the  location  above  set  forth  as  may  be  authorized  by 
the  board  of  railroad  commissioners,  and  may,  with  the  ap- 
proval of  said  board,  make  any  alteration  in  said  location. 
Said  corporation  may,  subject  to  the  approval  of  the  board 
of  railroad  commissioners,  extend  the  said  railroad  in  a 
general  easterly  direction  along  or  near  the  southerly  shore 
of  Chelsea  creek  upon  private  land  and  flats  or  upon  public 
or  private  highways,  as  may  be  designated  by  the  board  of 
railroad  commissioners,  to  a  convenient  point  of  connection 
with  the  existing  tracks  of  the  Boston  and  Albany  Railroad 
Company  near  Bremen  street,  or  to  such  intermediate  ter- 
minal point  between  said  railroad  and  the  corner  of  Border  and 
Condor  streets  as  the  railroad  commissioners  may  designate. 

The  railroad  commissioners  shall,  prior  to  giving  their  Maps  and 
approval  to  such  extension  or  designating  the  route  thereof,  eosu'^be*' 
require  to  be  filed  with  them  such  map  and  estimates  of  the  ®'*^'^- 
cost  of  such  extension  as  are  required  by  section  seventeen 
of  Part  II  of  chapter  four  hundred  and  sixty-three  of  the 
acts  of  the  year  nineteen  hundred  and  six,  in  the  case  of 
railroad  corporations  organized  under  the  general  law,  and 
shall  appoint  a  time  for  a  public  hearing  thereon,  notice 
thereof  to  be  given  to  parties  interested  in  the  same  manner 
as  is  provided  in  section  nineteen  of  Part  II  of  said  chapter 
for  hearings  before  boards  of  aldermen  of  cities  and  select- 
men of  towns  in  the  case  of  railroad  companies  incorporated 
under  the  general  laws,  and  after  such  notice  and  hearing  the 
railroad  commissioners  shall  fix  the  route  and  sign  and  give  to 
the  directors  a  certificate  thereof. 

All  the  powers  vested  in  boards  of  aldermen  and  selectmen  Powers  of 
by  sections  nineteen  to  twenty-two,  both  inclusive,  of  Part  rafiroa'd 


032 


Acts,  1911.  — Chap.  609. 


commission- 
ers, etc. 


Operation  on 
tlie  tracks 
of  street  rail- 
way com- 
panies, etc. 


May  take 
land  outside 
the  limits 
of  public 
ways,  etc. 


Provisos. 


Damages. 


II  of  said  chapter  shall,  in  respect  to  said  corporation,  be 
vested  in  and  exercised  by  the  board  of  railroad  commis- 
sioners. All  details  of  equipment  and  operation  of  the  said 
railroad  shall  be  subject  to  the  approval  of  the  board  of  rail- 
road commissioners,  and  no  tracks  shall  be  laid  in  any  public 
way  until  the  location  therein  shall  have  been  fixed  and  deter- 
mined by  the  board  of  railroad  commissioners  as  aforesaid. 

The  said  corporation  may,  with  the  consent  of  the  West 
End  Street  Railway  Company,  or  of  the  Boston  Elevated 
Railway  Company,  operate  its  cars  and  locomotives  on  the 
street  railway  tracks  in  Sumner  street  to  such  extent  and 
under  such  conditions  as  may  be  approved  by  the  board  of 
railroad  commissioners,  and  the  West  End  Street  Railway 
Company,  or  the  Boston  Elevated  Railway  Company,  may, 
with  like  approval  of  the  board  of  railroad  commissioners, 
furnish  electric  power  to  said  corporation  for  the  operation 
of  its  cars,  upon  such  terms  as  may  be  agreed  upon. 

Section  5.  Said  corporation  may  take,  or  acquire  by 
purchase  or  otherwise,  land  outside  the  limits  of  public  ways 
for  the  purpose  of  constructing  its  railroad,  buildings,  shops, 
stations  and  houses  or  other  structures  necessarv  for  the 
location,  construction,  maintenance  or  operation  of  said 
railroad,  and  for  necessary  and  convenient  terminals,  and 
for  the  said  purposes  may  take  any  land  in  the  same  manner 
in  which  land  may  be  taken  for  railroad  purposes  as  provided 
by  Part  II  of  said  chapter  four  hundred  and  sixty-three  and 
acts  in  amendment  thereof  and  in  addition  thereto:  proxiided, 
however,  that  no  taking  shall  be  made  of  any  land,  or  rights 
in  land,  on  the  westerly  or  northwesterly  sides  of  Border 
street,  between  Condor  and  Maverick  streets,  which  will 
include  any  land  or  rights  in  land  lying  within  eleven  hundred 
feet  of  the  harbor  line  at  present  establishetl  by  the  board  of 
harbor  and  land  commissioners;  and  provided,  further,  that 
no  taking  shall  be  made  under  this  act  of  any  land  or  any 
part  of  the  location  of  existing  railroads  or  street  railways. 

Said  corporation  shall  pay  all  damages  occasioned  by  any 
such  taking,  and  the  damages  shall,  on  application  of  either 
party,  be  estimated  and  determined  in  the  manner  provided 
by  said  chapter  four  hundred  and  sixty-three  and  acts  in 
amendment  thereof  and  in  addition  thereto  in  respect  to 
railroad  corporations.  The  provisions  of  section  two  hun- 
dred and  nine  of  Part  II  of  said  chapter  four  hundred  and 
sixty-three,  in  so  far  as  they  prohibit  a  lease  or  contract 
between  two  railroatl  corporations  each  of  which  has  a  ter- 


Acts,  1911.  — Chap.  609.  633 

minal  in  the  city  of  Boston,  shall  not  be  applicable  to  the 

corporation  hereby  created. 

Section  6.    The   said   corporation   may  construct   such  Maycon- 
,  1  ,1  X       p  •  1  1  A.     struct  tun- 

tunnels  upon  the  route  aioresaid  as  may  be  necessary  to  neis,  etc 

enable  it  to  go  under  and  across  any  land  or  any  street  in- 
cluded in  the  location  determined  according  to  the  provisions 
of  this  act  and  it  is  hereby  authorized  to  construct  such 
bridges  as  may  be  necessary  to  enable  it  to  construct  its 
tracks  over  flats  or  tidewater :  j^^ovided,  however,  that  all  such  Proviso, 
bridges  and  tunnels  and  the  plans  therefor  shall  be  approved 
by  the  board  of  harbor  and  land  commissioners  or  by  the 
board  of  railroad  commissioners  as  provided  by  said  chapter 
four  hundred  and  sixty-three,  and  by  acts  in  amendment 
thereof  and  in  addition  thereto,  with  reference  to  bridges 
and  tunnels  of  railroads. 

Section  7.    The  said  corporation  shall  have  all  the  powers  Powers  of 
and  privileges  and  be  subject  to  all  the  duties,  restrictions  '^'**p°'"'''  '""■ 
and  liabilities  set  forth  in  said  chapter  four  hundred  and  sixty- 
three  and  acts  in  amendment  thereof  and  in  addition  thereto 
in  relation  'to  railroads,  so  far  as  the  same  are  applicable, 
except  as  is  otherwise  provided  herein. 

Section  8.  This  act  shall  take  effect  upon  its  passage:  Time  of 
provided,  however,  that  all  authority  and  powers  herein  granted  Proviso, 
shall  cease,  unless  within  one  hundred  and  twenty  days 
thereafter  the  said  corporation  shall  file  with  the  treasurer 
and  receiver  general  of  the  commonwealth  a  bond  to  the 
commonwealth,  in  a  form  to  be  approved  by  the  attorney- 
general,  in  the  penal  sum  of  twenty-five  thousand  dollars, 
and  with  sureties  to  be  approved  by  the  treasurer  and  re- 
ceiver general,  conditioned  upon  the  completing  and  opening 
for  use,  in  a  manner  satisfactory  to  the  board  of  railroad 
commissioners,  of  the  railroad  hereinbefore  authorized,  except- 
ing the  extension  provided  for  in  section  four,  within  three 
years  after  the  passage  of  this  act,  or  within  such  further 
time  as  may  be  granted  by  the  board  of  railroad  commis- 
sioners as  hereinafter  provided.  The  board  of  railroad  com- 
missioners may,  after  public  notice  and  a  hearing,  extend 
the  time  for  the  construction  of  said  railroad,  excepting  said 
extension,  by  a  certificate  stating  that,  in  its  judgment,  due 
diligence  has  been  exercised  by  said  corporation,  and  that 
public  necessity  and  convenience  require  such  extension  of 
time.  Approved  June  30,  1911, 


6M 


Acts,  1911.  — Chaps.  610,  Gil. 


Labeling  of 
coiitaiuers 
of  milk,  etc. 


CAo^^.GlO  An  Act  relative  to  the  labeling  of  evaporated,  con- 
centrated OR  CONDENSED  MILK. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Every  container  of  evaporated,  concentrated 
or  condensed  milk  sold  or  offered  for  sale,  or  had  in  pos- 
session or  custody  with  intent  to  sell  by  any  person,  firm  or 
corporation,  within  this  commonwealth,  shall  have  plainly 
printed  thereon  in  the  English  language,  or  attached  thereto 
on  some  firmly  affixed  tag  or  label,  a  formula  for  extending 
the  said  evaporated,  concentrated  or  condensed  milk  with 
water.  The  said  formula  shall  be  such  that  the  resulting 
milk  product  shall  not  be  below  the  Massachusetts  standard 
of  milk  solids  or  fat  for  whole  milk. 

Section  2.  Whoever,  himself  or  by  his  servant  or  agent, 
or  as  the  servant  or  agent  of  any  person,  firm  or  corporation, 
sells,  exchanges  or  delivers,  or  has  in  his  custody  or  posses- 
sion with  intent  to  sell,  exchange  or  deliver  any  container 
of  evaporated,  concentrated  or  condensed  milk, 'within  this 
commonwealth,  not  marked  or  labeled  in  compliance  with 
the  provisions  of  this  act  shall,  for  the  first  offence,  be  pun- 
ished by  a  fine  of  not  more  than  one  hundred  dollars,  for  a 
second  offence  by  a  fine  of  not  less  than  one  hundred  nor 
more  than  two  hundred  dollars,  and  for  a  subsequent  offence 
by  a  fine  of  five  hundred  dollars,  or  by  imprisonment  for 
not  less  than  three  nor  more  than  six  months. 

Section  3.  This  act  shall  take  effect  on  the  first  dav  of 
January  in  the  year  nineteen  hundred  and  twelve. 

Approved  June  SO,  1911. 


Penalty. 


Time  of 
taking  effect. 


Huntington 
P'ire  District 
Water  Loan, 
Act  of  1911. 


Chaj).^V\-  An  Act  relative  to  the  fire  district  of  the  town  of 

HUNTINGTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Eire  District  of  the  Town  of  Hunting- 
ton, for  the  purposes  set  forth  in  chapter  three  hundred  and 
forty-four  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
eight  and  in  chapter  five  hundred  and  ninety-two  of  the  acts 
of  the  year  nineteen  hundred  and  eight,  relative  to  the 
water  supply  of  the  said  fire  district,  is  hereby  authorized 
to  expend  an  additional  sum  of  fifteen  thousand  dollars,  and 
to  issue  bonds,  notes  or  scrip  therefor,  in  accordance  with 
the  provisions  of  sections  three  and  four  of  the  said  chaj)ter 


Acts,  1911.  — Chaps.  612,  613.  635 

five  hundred  and  ninety-two.     The  securities  issued  under 
authority  hereof  shall  bear  on  their  face  the  words,  Hun- 
tington Fire  District  Water  Loan,  Act  of  1911. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  30,  1911. 

An  Act  limiting  the  amount  of  expenditure  by  the  (jjidjy  612 

CITY  OF  BOSTON  FOR  SEWERAGE  WORKS  WITHIN  THE  WATER- 
SHED   OF   THE    CHARLES    RIVER   BASIN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  amount  of  money  to  be  raised  and  ex-  Limiting  ex- 
pended by  the  city  of  Boston  under  the  provisions  of  chapter  FoTcerufn 
four  hundred  and  eighty-five  of  the  acts  of  the  year  nineteen  ^''^.ks?ltc. 
hundred  and  seven  shall  not  exceed,  in  the  year  nineteen  hun- 
dred and  eleven  or  in  the  year  nineteen  hundred  and  twelve, 
the  sum  of  four  hundred  thousand  dollars. 

Section  2.     So  much  of  section  one  of  said  chapter  four  Repeal. 
hundred  and  eighty-five  as  is  inconsistent  herewith  is  hereby 
repealed. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  30,  1911. 


Chajj.GlS 


An  Act  relative  to  the  maintenance  of  isolation  hos- 
pitals BY  cities  and  towns. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  seventy-five  of  the  Revised  Laws  is  r.  l.  75,  §  35, 
hereby  amended  by  striking  out  section  thirty-five  and  in-  ^meuded. 
serting  in  place  thereof  the  following:  —  Section  35.    Each  isolation 
city  and  town  shall  establish  and  constantly  maintain  within  hospitals, 
its  limits  one  or  more  isolation  hospitals  for  the  reception  of 
persons  having  diseases  dangerous  to  the  public  health  as 
defined  by  the  state  board  of  health,  including  a  tuberculosis 
hospital  or  tuberculosis  wards.     Plans  for  the  construction 
of  such  hospitals  shall  be  approved  by  the  state  board  of 
health,  and  said  hospitals  shall  be  inspected  by  the  state 
board  of  health  or  by  its  accredited  agent,  at  least  twice  in 
every  year.     But  if,  in  the  opinion  of  the  state  board  of 
health,  two  or  more  adjoining  towns  or  a  city  and  contiguous 
towns  can  advantageously  establish  and  maintain  such  hos- 
pitals in  common,  the  authorities  of  said  towns  or  of  such 
cities  and  contiguous  towns  may  enter  into  such  agreements 
as  may  be  necessary  for  the  establishment  and  maintenance 


636 


Acts,  1911.  — Ciiap.  614. 


Licensing 
and  registra- 
tion of 
hunters. 


Proviso. 


of  the  same.     Any  city  or  town  which  upon  the  request  of 
the  state  board  of  health  refuses  or  neglects  to  comply  with 
the  provisions  of  this  section  shall  forfeit  not  less  than  five 
hundred  dollars  for  every  such  refusal  or  neglect. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  30,  1911. 

Chap.Q\^  An  Act  rel.\tive  to  the  licensing  and  registration  of 

HUNTERS  AND  TO  THE  DISPOSITION  OF  THE  LICENSE  FEES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  to  hunt, 
pursue,  take  or  kill  any  bird  or  quadruped  without  first  hav- 
ing obtained  a  certificate  of  registration  as  hereinafter  pro- 
vided: provided,  however,  that  nothing  in  this  act  shall  be 
construed  as  affecting  in  any  way  the  pro\isions  of  the  gen- 
eral laws  relating  to  trespass,  or  as  authorizing  the  hunting, 
pursuing,  taking,  wounding  or  killing,  or  the  possession  of 
birds  or  quadrupeds  contrary  to  any  laws  now  or  hereafter 
in  force,  nor  shall  the  possession  of  the  said  certificate  of 
registration  grant  or  confer  any  privilege  not  enjoyed  prior 
to  the  passage  of  this  act.  But  this  act  shall  not  prohibit 
any  person  who  is  a  legal  resident  of  Massachusetts  from 
hunting  on  land  owned  or  leased  by  him,  provided  that  he 
is  actually  domiciled  on  such  land,  and  that  the  land  is  used 
exclusively  for  agricultural  purposes,  and  not  for  club  or 
shooting  purposes. 

Section  2.  The  clerk  of  any  city  or  town  shall,  upon  the 
application  of  any  person  entitled  to  receive  a  certificate  of 
registration  under  any  of  the  classes  hereinafter  described, 
and  upon  payment  of  the  registration  fee  hereinafter  specified, 
and  the  furnishing  of  an  affidavit  by  any  non-resident  who 
desires  to  be  classified  under  clauses  one,  two  and  three  of 
section  four  of  this  act,  register  and  issue  to  such  person  a 
certificate  in  the  form  prescribed  and  upon  a  blank  furnished 
by  the  commissioners  on  fisheries  and  game,  which  certificate 
shall  bear  the  name,  age,  occupation,  place  of  residence,  and 
signature  and  identifying  description  of  the  person  thus  regis- 
tered, and  shall  authorize  the  person  so  registered  to  hunt 
birds  and  quadrupeds,  subject  to  such  conditions  as  are 
provided  by  law.  Said  certificate  shall  be  valid  only  to 
January  first  next  following  the  date  of  issue  and  no  longer, 
shall  not  be  transferable,  and  shall  be  produced  for  exnm- 
ination  upon  demand  of  any  person.     Failure  or  refusal  to 


Certificate 
of  registra- 
tion, etc. 


Acts,  1911.  — Chap.  614.  637 

produce  said  certificate  upon  such  demand  shall  be  prima 
facie  evidence  of  the  violation  of  this  act. 

Section  3.     Every    unnaturalized,    foreign-born    person  Fees. 
shall  pay  for  such  registration  a  fee  of  fifteen  dollars  to  the 
clerk  of  the  city  or  town  in  which  he  resides  and  from  whom 
he  procures  his  certificate. 

Section  4.  Every  citizen  of  the  United  States,  not  a  same 
legal  resident  of  this  commonwealth,  and  not  having  been  ''"^^*'''*' 
actually  domiciled  therein  for  a  period  of  six  months,  shall 
pay  for  said  registration  a  fee  of  ten  dollars  to  the  clerk  of 
the  city  or  town  from  whom  he  procvires  his  certificate, 
except  such  persons  as  come  within  one  of  the  three  follow- 
ing classes,  in  which  case  the  applicant  shall  pay  for  his 
registration  the  sum  of  one  dollar  to  the  clerk  of  the  city  or 
town  from  whom  he  procures  his  certificate. 

(1)  The  resident  of  another  state  who  owns  real  estate 
situated  in  this  commonwealth  which  is  assessed  for  taxation 
at  not  less  than  five  hundred  dollars. 

(2)  A  non-resident   member  of  any  association   incorpo- 
rated prior  to  the  year  nineteen  hundred  and  seven  for  the 
purpose  of  hunting:  provided,  that  such  corporation  owns  real  Proviso, 
estate  in  this  commonwealth  which  is  assessed  for  taxation 

at  not  less  than  one  thousand  dollars. 

(3)  A  non-resident  who,  on  the  written  invitation  of  a 
member  of  any  club  incorporated  under  the  laws  of  Massa- 
chusetts, attends  the  meeting  of  such  club  for  the  purpose 
of  hunting  foxes  only,  during  a  period  not  exceeding  four 
days;  provided,  that  the  membership  list  of  the  club  shall  Proviso, 
be  filed  with  the  clerk  of  the  town  in  which  the  hunt  takes 
place. 

Section  5.     Every  citizen  of  the  United  States  who  is  a  Fceofiegai 
legal  resident  of  this  commonwealth  shall  pay  for  such  regis-  ^■'^'^'<i''''i*- 
tration  the  fee  of  one  dollar  to  the  clerk  of  the  citv  or  town 
from  whom  he  procures  his  certificate. 

Section  6.     Out  of  the  fee  paid  in  any  and  all  of  the  fore-  certain  part 
going  classes  the  sum  of  fifteen  cents  shall  be  retained  by  the  retained  by 
clerk  of  the  city  or  town  in  which  the  registration  is  recorded,  *^!'''''^^  °^^ 
if  the  annual  salary  of  such  clerk  does  not  exceed  five  hundred  towns. 
dollars;  but  if  his  salary  exceeds  five  hundred  dollars,  no 
part  of  said  fee  shall  be  retained  by  him. 

Section  7.     Minors  under  sixteen  years  of  age,  upon  mak-  consent  of 
ing  application  for  registration,  shall  furnish  the  consent  of  fe^qui'^d^u""' 
their  parents  or  guardian  in  writing,  and  such  written  con-  ^^°[ 
sent  shall  be  filed  with  the  records  of  such  application. 


638 


Acts,  1911.  — Chap.  611. 


Duplicate 
certificate 
may  be 
issued,  etc. 


Reports  of 
registration 
to  be  open  to 
inspection, 
etc. 


Non-resident 
license,  etc. 


Proviso. 


Penalty  for 
false  repre- 
sentation in 
certain 
cases,  etc. 


Section  S.  Whoever  loses,  or  hy  mistake  or  accident 
destroys  his  certificate  of  registration  may,  npoii  apjjhcation 
to  the  commission  on  fisheries  and  game  accompanied  by 
an  affichivit  fully  setting  forth  the  circumstances  of  the  loss, 
receive  without  charge  a  duplicate  certificate  for  the  remainder 
of  the  year  covered  by  the  original  certificate. 

Section  9.  Every  city  and  town  clerk  shall  report  all 
such  registration  in  books  kept  for  that  purpose,  which  books 
shall  be  open  to  public  inspection  during  the  usual  office 
hours  of  such  clerk,  and  subject  to  audit  and  inspection  by 
the  commissioners  on  fisheries  and  game,  by  the  state  auditor, 
or  by  their  agents,  at  all  times;  and  said  clerk  shall,  on  the 
first  Monday  of  every  month,  pay  to  the  board  of  commis- 
sioners on  fisheries  and  game  all  money  received  by  him  for 
the  said  registrations,  except  the  recording  fees  which  he  is 
entitled  to  retain,  as  provided  in  section  six,  together  with 
a  receipted  bill  for  fees  due  and  received  in  accordance  with 
section  six  of  this  act,  issued  during  the  month  preceding. 
All  remittances  shall  be  made  by  certified  check.  United 
States  post  office  money  order,  express  money  order  or  law- 
ful money  of  the  United  States.  The  board  of  commission- 
ers on  fisheries  and  game  shall,  in  accordance  with  the  pro- 
visions of  section  fifty-six  of  chapter  six  of  the  Revised  Laws, 
pay  to  the  treasurer  and  receiver  general  all  money  received 
by  them  for  the  said  registrations  issued  during  the  previous 
month,  and  shall  furnish  him  with  a  list  of  the  number  and 
kind  of  registrations  recorded  by  each  city  and  town  clerk 
during  the  previous  month. 

Section  10.  A  non-resident  hunting  license  shall  entitle 
the  licensee  to  carry  from  the  commonwealth  and  into  any 
other  state  according  similar  privileges  not  more  than  ten 
wild  fowl,  or  game  birds  of  all  kinds,  the  exportation  of  which 
is  prohibited  by  law,  in  any  one  calendar  year:  provided,  that 
the  licensee  shall  carry  them  open  to  view  for  inspection, 
shall  present  his  certificate  for  inspection  upon  demand,  and 
shall  have  informed  by  letter  or  otherwise  the  commissioners 
on  fisheries  and  game  or  the  deputy  in  whose  district  the 
said  non-resident  is  hunting,  as  to  the  number  and  kinds 
of  wild  fowl  or  game  birds  which  he  intends  to  carry  from 
the  commonwealth. 

Section  11.  Any  person  who  makes  a  false  rci)rcsenta- 
tion  as  to  birthplace,  requirements  for  idcntiHcation,  or  of 
facts  relative  to  proj)erty  (lualifications,  or  naturalization, 
or  otherwise  violates  any  provision  of  this  act  shall  be  fined 


Acts,  1911.  — Chap.  615.  639 

not  less  than  ten  nor  more  than  fifty  dollars,  or  be  imprisoned 
for  not  more  than  thirty  days,  or  may  be  punished  by  both 
such  fine  and  imprisonment.  Every  person  convicted  of 
violating  the  game  laws  shall  immediately  surrender  to  the 
officer  who  secures  such  conviction  his  certificate  of  regis- 
tration ;  and  the  officer  shall  forthwith  forward  said  certifi- 
cate to  the  commissioners  on  fisheries  and  game,  who  shall 
cancel  the  same  and  notify  the  clerk  issuing  the  certificate 
of  registration  of  the  cancellation.  No  other  certificate  of 
registration  shall  be  issued  to  such  person  so  convicted  dur- 
ing a  period  of  one  year  after  the  date  of  conviction. 

Section  12.     The  fees  and  fines  received  under  the  pro-  Disposition 
visions  of  this  act  shall  be  paid  into  the  treasury  of  the  com-  anes?^  ^° 
mon  wealth. 

Section  13.  Chapter  three  hundred  and  seventeen  of  ^^peai. 
the  acts  of  the  vear  nineteen  hundred  and  five,  as  amended 
by  chapter  four  hundred  and  two  of  the  acts  of  the  year 
nineteen  hundred  and  eight,  and  by  chapter  two  hundred 
and  sixty-two  of  the  acts  of  the  year  nineteen  hundred  and 
nine,  and  by  chapter  six  hundred  and  fourteen  of  the  acts 
of  the  year  nineteen  hundred  and  ten;  chapter  one  hundred 
and  ninety-eight  of  the  acts  of  the  year  nineteen  hundred 
and  seven,  as  amended  by  chapter  two  hundred  and  sixty- 
two  of  the  acts  of  the  year  nineteen  hundred  and  nine; 
chapter  four  hundred  and  eighty-four  of  the  acts  of  the  year 
nineteen  hundred  and  eight,  as  amended  by  chapter  three 
hundred  and  twenty-five  of  the  acts  of  the  year  nineteen 
hundred  and  nine,  and  by  chapter  six  hundred  and  fourteen 
of  the  acts  of  the  year  nineteen  hundred  and  ten;  and  all 
acts  and  parts  of  acts  inconsistent  herewith  are  hereby  re- 
pealed. 

Section  14.     This  act  shall  take  effect  on  the  first  day  of  J^^^°^*^^'°^ 
January,  nineteen  hundred  and  twelve. 

A  Improved  June  30,  1911. 

An  Act  making  an  appropriation  for  the  abatement  njinyy  gi  5 

OF   SMOKE    IN   THE    CITY    OF   BOSTON   AND    VICINITY.  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sum  of  five  thousand  dollars  is  hereby  Appropria- 
appropriated,  to  be  paid  out  of  the  treasury  of  the  common-  abatement 
wealth,  to  meet  expenses  in  connection  with  the  abatement  Bosk)n^and 
of  smoke  in  the  city  of  Boston  and  vicinity  during  the  fiscal  vicinity. 


6i0  Acts,  1911.  — Chaps.  616,  617. 

year  ending  on  the  thirtieth  day  of  November,  nineteen  hun- 
dred and  eleven,  as  provided  for  by  chapter  six  hundred  and 
fifty-one  of  the  acts  of  the  year  nineteen  hundred  and  ten, 
being  the  estimate  of  the  gas  and  electric  light  commissioners. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  30,  1911. 

Chap.GW  An  Act  to  provide  for  the  appointment  of  three  addi- 
tional MEMBERS  OF  THE  DISTRICT  POLICE  TO  SERVE  AS 
INSPECTORS   OF   FACTORIES   AND   PUBLIC    BUILDINGS. 

Be  it  enacted,  etc.,  as  follows: 

^ddUH)nai  SECTION  1.     The  govcmor  is  hereby  authorized  to  ap- 

of  district         point  tlircc  additional  members  of  the  district  police,  who 
shall  be  employed  as  inspectors  of  factories  and  public  build- 
ings.    Their  terms  of  office,  salaries,  powers  and  duties  shall 
be  the  same  as  those  provided  by  law  for  the  district  police. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  30,  1911. 


Chap.Qtll  An  Act  to  authorize  the  town  of  Littleton  to  supply 

ITSELF   AND   ITS   INHABITANTS  WITH  WATER. 

Be  it  enacted,  etc.,  as  follows: 

The  town  of  SECTION  1.     The  towu  of  Littleton  may  supply  itsclf  and 

may  supply       its  inhabitants  with  water  for  the  extinguishment  of  fires 

wa'ter^'  and  for  domestic,  manufacturing  and  other  purposes;  may 

establish  fountains  and  hydrants  and  relocate  or  discontinue 

the  same;  and  may  regulate  the  use  of  such  water  antl  fix 

and  collect  rates  to  be  paid  therefor. 

amihoM  Section  2.     Said  town,  for  the  purposes  aforesaid,  may 

certain  take,  or  acquirc  by  purchase  or  otherwise, and  hold,  the  waters 

of  any  pond  or  stream  or  of  any  ground  sources  of  supply  by 

means  of  driven,  artesian  or  other  wells  within  the  limits  of 

the  town,  and  the  water  rights  connected  with  any  such 

water  sources,  and  may  also  take,  or  acquire  by  j)urchase  or 

otherwise,  and  hold,  all  lands,  rights  of  way  and  easements 

necessary  for  collecting,  storing,  purifying  and  preserving  the 

water,  and  for  conveying  the  same  to  any  part  of  said  town; 

and  further,  may  purchase  the  whole  or  any  part  of  the 

I)roperty,  rights  and  easements  of  the  water  system  now 

owned  and  oi)erated  by  Waldo  E.  Conant  and   Daniel  G. 

Houghton,  co-partners,  doing  business  under  the  firm  name 


Acts,  1911.  — Chap.  017.  Gil 

of  Conant,  Houghton  &  Co.:  provided,  Jiowever,  that  no  source  Proviso. 
of  water  supply  and  no  lands  necessary  for  preserving  the 
quality  of  the  water  shall  be  taken  without  first  obtaining 
the  advice  and  approval  of  the  state  board  of  health,  and 
that  the  location  of  all  dams,  reservoirs  and  wells  to  be  used 
as  sources  of  water  supply  under  this  act  shall  be  subject  to 
the  approval  of  said  board.  Said  town  may  construct  on 
the  lands  taken  or  acquired  and  held  under  the  provisions  of 
this  act,  proper  dams,  reservoirs,  standpipes,  tanks,  build- 
ings, fixtures  and  other  structures,  and  may  make  excavations, 
procure  and  operate  machinery,  and  provide  such  other 
means  and  appliances,  and  do  such  other  things  as  may  be 
necessary  for  the  establishment  and  maintenance  of  com- 
plete and  effective  water  works;  and  for  that  purpose  may 
construct  wells  and  reservoirs  and  establish  pumping  works, 
and  may  construct,  lay  and  maintain  aqueducts,  conduits, 
pipes  and  other  works  under  and  over  any  land,  water  courses, 
railroads,  railways  and  public  or  other  ways,  and  along  such 
ways  in  the  town  of  Littleton,  in  such  manner  as  not  unneces- 
sarily to  obstruct  the  same;  and  for  the  purpose  of  con- 
structing, laying,  maintaining,  operating  and  repairing  such 
conduits,  pipes  and  other  works,  and  for  all  other  purposes 
of  this  act,  said  town  may  dig  up  or  raise  and  embank  any 
such  lands,  highways  or  other  ways,  in  such  manner  as  to 
cause  the  least  possible  hindrance  to  public  travel  on  such 
ways.  Said  town  shall  not  enter  upon,  construct  or  lay  any 
conduits,  pipes  or  other  works  within  the  location  of  any 
railroad  corporation,  except  at  such  time  and  in  such  manner 
as  it  may  agree  upon  with  such  corporation,  or,  in  case  of 
failure  so  to  agree,  as  may  be  approved  by  the  board  of  rail- 
road commissioners. 

Section  3.  Said  town  shall  within  ninety  days  after  the  Taking  to 
taking  of  any  lands,  rights  of  way,  water  rights,  water  sources  '^^^'^y^corded, 
or  easements  as  aforesaid,  file  and  cause  to  be  recorded  in 
the  registry  of  deeds  for  the  county  and  district  within  which 
such  land  or  other  property  is  situated,  a  description  thereof 
sufficiently  accurate  for  identification,  with  a  statement  of 
the  purpose  for  which  the  same  were  taken,  signed  by  the 
water  commissioners  hereinafter  provided  for.  The  title  to 
all  land  purchased  or  taken  under  the  provisions  of  this  act 
shall  vest  in  the  town  of  Littleton,  and  the  land  so  acquired 
may  be  managed,  improved  and  controlled  by  the  board  of 
water  commissioners  hereinafter  provided  for,  in  such  man- 
ner as  they  shall  deem  for  the  best  interest  of  the  town. 


642 


Acts,  11)11.  — Chap.  617. 


Damages. 


Town  of 
Littleton 
Water  Loan, 
Act  of  1911. 


Payment  of 
loan. 


Section  4.  The  said  town  shall  pay  all  damages  to  prop- 
erty sustained  by  any  person  or  corporation  by  the  taking 
of  any  land,  right  of  way,  water,  water  source,  water  right 
or  easement,  or  by  any  other  thing  done  by  the  town  under 
authority  of  this  act.  Any  jjerson  or  corporation  sustaining 
damages  as  aforesaid,  and  failing  to  agree  with  the  town  as 
to  the  amount  thereof,  may  have  the  same  determined  in 
the  manner  provided  by  law  in  the  case  of  land  taken  for 
the  laying  out  of  highways,  on  application  at  any  time  within 
the  period  of  two  years  after  the  taking  of  such  land  or  other 
property  or  the  doing  of  other  injury  under  authority  of 
this  act;  but  no  such  application  shall  be  made  after  the 
expiration  of  the  said  two  years,  and  no  application  for  assess- 
ment of  damages  shall  be  made  for  the  taking  of  any  water, 
water  right,  or  for  any  injury  thereto,  until  the  water  is 
actually  withdrawn  or  diverted  by  the  town  under  authority 
of  this  act. 

Section  5.  The  said  town,  for  the  purpose  of  paying  the 
necessary  expenses  and  liabilities  incurred  under  the  pro- 
visions of  this  act,  may  issue  from  time  to  time  bonds,  notes 
or  scrip  to  an  amount  not  exceeding  fifty  thousand  dollars. 
Such  bonds,  notes  or  scrip  shall  bear  on  their  face  the  words, 
Town  of  Littleton  Water  Loan,  Act  of  1911;  shall  be  payable 
at  the  expiration  of  periods  not  exceeding  thirty  years  from 
the  date  of  issue;  shall  bear  interest,  payable  semi-aiuuially, 
at  a  rate  not  exceeding  four  and  one  half  per  cent  per  annum; 
and  shall  be  signed  by  the  treasurer  of  the  town  and  counter- 
signed by  the  water  commissioners  hereinafter  pro\ided  for. 
The  town  may  sell  such  securities  at  public  or  private  sale, 
upon  such  terms  and  cx)n(litions  as  it  may  deem  proper,  but 
they  shall  not  be  sold  for  less  than  their  par  value. 

Section  G.  The  said  town  shall,  at  the  time  of  authoriz- 
ing said  loan,  provide  for  the  payment  thereof  in  such  annual 
j)roi){)rtionate  payments,  beginning  not  more  than  five  years 
after  the  first  issue  of  such  bonds,  notes  or  scrij),  as  will  extin- 
guish the  same  within  the  time  prescribed  by  this  act;  and 
when  a  vote  to  that  effect  has  been  jiassed  a  sum  which, 
with  the  income  derived  from  water  rates,  will  be  sufficient  to 
pay  the  annual  expense  of  operating  its  water  works  and  the 
interest  as  it  accrues  on  the  bonds,  notes  or  scrip  issued  as 
aforesaid  by  the  town,  and  to  make  such  ixiyments  on  the 
principal  as  may  be  re(piired  under  the  pro\isions  of  this  act, 
shall  without  further  vote  be  assessed  by  the  assessors  of  the 
town  in  each  year  thereafter,  in  the  same  manner  in  which 


Acts,  1911.  — CiiAr.  617.  043 

other  taxes  are  assessed,  until  the  debt  incurred  by  said  loan 
is  extinguished. 

Section  7.     Whoever  wilfully  or  wantonly  corrupts,  pol-  fon'uptin""" 
lutes  or  diverts  any  water  taken  or  held  under  this  act,  or  or  polluting 

•     •  w titer  etc 

uijures  any  structure,  work  or  other  property  owned,  held 
or  used  by  said  town  under  authority  of  this  act,  shall  for- 
feit and  pay  to  the  town  three  times  the  amount  of  damages 
assessed  therefor,  to  be  recovered  in  an  action  of  tort;  and 
upon  being  convicted  of  any  of  the  above  wilful  or  wanton 
acts,  shall  be  punished  by  a  fine  not  exceeding  three  hundred 
dollars,  or  by  imprisonment  in  jail  for  a  term  not  exceeding 
one  year. 

Section  8.  The  said  town  shall,  after  its  acceptance  of  ^isslone™' 
this  act,  at  the  same  meeting,  or  at  a  subsequent  meeting  election, 
duly  called  for  the  purpose,  elect  by  ballot  three  persons  to 
hold  office,  one  until  the  expiration  of  three  years,  one  until 
the  expiration  of  two  years  and  one  until  the  expiration  of 
one  year  from  the  next  succeeding  annual  town  meeting,  to 
constitute  a  board  of  water  commissioners;  and  at  each 
annual  town  meeting  thereafter  one  such  commissioner  shall 
be  elected  by  ballot  for  the  term  of  three  years.  All  the 
authority  granted  to  the  town  by  this  act,  and  not  otherwise 
specifically  provided  for,  shall  be  vested  in  said  water  com- 
missioners, who  shall  be  subject  however  to  such  instructions, 
rules  and  regulations  as  the  town  may  impose  by  its  vote. 
A  majority  of  said  commissioners  shall  constitute  a  quorum 
for  the  transaction  of  business.  Any  vacancy  occurring  in 
said  board  from  any  cause  may  be  filled  for  the  remainder  of 
the  unexpired  term  by  the  town  at  any  legal  town  meeting 
called  for  the  purpose.  Any  such  vacancy  may  be  filled 
temporarily  by  a  majority  vote  of  the  selectmen,  and  the 
person  so  appointed  shall  hold  office  until  the  town  fills  the 
vacancy  in  the  manner  provided  for  herein. 

Section  9.  The  said  commissioners  shall  fix  just  and  ^ater  rates, 
equitable  prices  and  rates  for  the  use  of  water,  and  shall 
prescribe  the  time  and  manner  of  payment.  The  income  of 
the  water  works  shall  be  applied  to  defraying  all  operating 
expenses,  interest  charges  and  payments  on  the  principal, 
as  they  accrue,  of  any  bonds,  notes  or  scrip  issued  under 
authority  of  this  act.  If  there  should  be  a  net  surplus  remain- 
ing after  providing  for  the  aforesaid  charges,  it  shall  be  used 
for  such  new  construction  as  the  water  commissioners  may 
determine  upon,  and  in  case  a  surplus  should  remain  after 
payment  for  such  new  construction,  the  water  rates  shall  be 


6U  Acts,  1911.  — Ciiap.  G18. 

reduced  proportionately.  No  money  shall  be  expended  in 
new  construction  by  the  water  commissioners  except  from 
the  net  surplus  aforesaid,  unless  the  town  appropriates  and 
provides  money  therefor.  The  said  commissioners  shall 
annually,  and  as  often  as  the  town  may  require,  render  a 
report  upon  the  condition  of  the  works  under  their  charge, 
and  an  account  of  their  doings,  including  an  account  of 
receipts  and  expenditures. 
Sng  Effect.  Section  10.  This  act  shall  take  effect  upon  its  accept- 
ance by  a  majority  vote  of  the  legal  voters  of  the  town  of 
Littleton  present  and  voting  thereon  at  a  legal  meeting 
called  for  the  purpose  within  three  years  after  its  passage; 
but  the  number  of  meetings  so  called  in  any  one  year  shall 
not  exceed  three;  and  for  the  purpose  of  being  submitted 
to  the  voters  as  aforesaid  this  act  shall  take  effect  upon  its 
passage.  Approved  June  30,  1911. 

ChapSSYS  An  Act  relative  to  the  taxation  of  savings  banks 

WHICH  ARE   restrained   FROM   DOING   BUSINESS. 

Be  it  enacted,  etc.,  as  follows: 
Taxation  of  SECTION  1.     Whenever  a  savings  bank  is  restrained  from 

s.avings  banks      ....  ,  .     .  .       ° .  ,     , 

in  certain  douig  busmcss  by  ail  mjuuctiou  issued  by  any  court,  or 
when  a  bank  is  in  the  hands  of  the  bank  commissioner,  in 
accordance  with  the  provisions  of  chapter  three  hundred  and 
ninety-nine  of  the  acts  of  the  year  nineteen  hundred  and 
ten,  the  tax  payable  by  the  bank  in  accordance  with  the 
provisions  of  section  twenty-one  of  Part  III  of  chapter  four 
hundred  and  ninety  of  the  acts  of  the  year  nineteen  hundred 
and  nine,  as  computed  on  the  first  day  of  May  or  on  the  first 
day  of  November  next  ensuing,  after  the  bank  is  incapaci- 
tated from  doing  business  as  aforesaid,  shall  be  reduced  by 
the  same  pro])ortion  which  the  number  of  business  days 
during  the  six  months  next  preceding  the  said  first  day  of 
May  or  the  said  first  day  of  November  on  which  the  bank 
was  thus  incapacitated  bears  to  the  total  number  of  business 
days  in  the  said  six  months;  and  thereafter  the  bank  shall  be 
relieved  from  paying  taxes  under  the  said  proA'isions  of  law 
so  long  as  it  continues  to  be  incapacitated  from  doing  busi- 
ness as  aforesaid. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  SO,  1911. 


cases. 


Acts,  1911.  — Chaps.  619,  620.  645 


An  Act  to  increase  the  salary  and  rank  of  the  chief  (JJku^  (319 
inspector  of  the  boiler  inspection  department  of 
the  district  police. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section   one   of  chapter  five  hiindrefl   and  1906,521 

i  .       §  1,  amenueu. 

twenty-one  of  tlie  acts  of  the  year  nineteen  hundred  and  six 
is  hereby  amended  by  striking  out  the  words  "two  thousand", 
in  the  tenth  hne,  and  inserting  in  place  thereof  the  words:  — 
twenty-four  hundred,  —  and  by  adding  at  the  end  of  said 
section  the  words :  —  He  shall  have  the  same  rank  as  the 
deputy  chief  of  the  inspection  department  of  the  district 
police,  —  so  as  to  read  as  follows :  —  Section  1 .    The  gov-  Chief  in- 
ernor  is  hereby  authorized  to  appoint,  as  hereinafter  provided,  fnsp^ecti'on*"'^'^ 
one  of  the  members  of  the  boiler  inspection  department  of  onhe'di™* 
the  district  police  as  chief  inspector  of  said  boiler  inspection  ^'^''JoP^/^e^jt 
department.     Said  chief  inspector  shall  have  supervision  over  etc. 
the  members  of  said  boiler  inspection  department  in  order 
to  secure  the  uniform  enforcement  throughout  the  common- 
wealth of  all  acts  relative  to  the  inspection  of  boilers  and 
the  examination  of  engineers  and  firemen.     Said  chief  in- 
spector shall  receive  an  annual  salary  of  twenty-four  hundred 
dollars  and  his  actual  and  necessary  travelling  expenses. 
He  shall  have  the  same  rank  as  the  deputy  chief  of  the  in- 
spection department  of  the  district  police. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Apjjroved  June  30,  1911. 

An  Act  to  provide  for  additional  members  of  the  (J^inrry  620 

boiler  inspection  department  of  THE  DISTRICT  POLICE.  * 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The    governor    is    hereby    authorized    and  Additional 
directed  to  appoint  five  additional  members  of  the  boiler  the°bo!rer" 
inspection  department  of  the  district  police,  who  shall  be  dep^anm^e^t 
not  above  forty-five  years  of  age;  and  this  age  limit  shall  °/ictpofi!c^e. 
apply  hereafter  to  all  appointments  to  the  said  department. 
The  said  five  additional  members  shall  be  detailed  for  the 
inspection  of  boilers  and  the  examination  of  engineers  and 
firemen,  and  shall  receive  the  same  compensation  now  re- 
ceived by  the  present  inspectors  of  boilers.     The  civil  ser- 
vice commissioners  shall  hold  an  examination  for  the  said 
appointments,  and  no  person  shall  hereafter  be  eligible  to 


G46 


Acts,  1911.  — Chap.  621.  — Part  I. 


take  the  civil  service  examination  for  appointment  as  an 
inspector  of  boilers,  unless  he  holds  a  first  class  engineer's 
license  granted  by  the  boiler  inspection  department  of  this 
commonwealth. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

A-pproved  June  30,  1911. 

Chai).Ghl\    An  Act  to  revise  the  charter  of  the  city  of  Lawrence. 
Be  it  enacted,  etc.,  as  follows: 


City  of 
Lawrence. 


Administra- 
tion, etc. 


Wards. 


Warrants 
for  meeting 
of  citizens. 


Election  of 
mayor  and 
conncilmen. 


PART  I. 

Section  1.  The  inhabitants  of  the  city  of  Lawrence  shall 
continue  to  be  a  body  politic  and  corporate,  under  the  name 
of  the  City  of  Lawrence,  and  as  such  shall  have,  exercise  and 
enjoy  all  the  rights,  immunities,  powers  and  privileges,  and 
shall  be  subject  to  all  the  duties  and  obligations,  now  incum- 
bent upon  and  pertaining  to  the  said  city,  as  a  municipal 
corporation. 

Section  2.  The  administration  of  all  the  fiscal,  pruden- 
tial and  municipal  aifairs  of  the  said  city,  with  the  govern- 
ment thereof,  shall  be  vested  in  one  municipal  officer,  to  be 
styled  the  mayor,  and  a  council  of  nine  to  be  called  the  city 
council.  The  members  thereof  shall  be  sworn  to  the  faithful 
performance  of  their  respective  duties.  A  majority  of  the 
members  shall  constitute  a  quorum  for  the  transaction  of 
business.  Each  member  shall  receive  as  compensation  for 
his  services  the  sum  of  six  hundred  dollars  per  annum,  to  be 
paid  in  equal  monthly  instalments. 

Section  3.  The  city  shall  continue  to  be  divided  into 
six  wards,  as  the  same  are  now  established. 

Section  4.  All  warrants  for  meetings  of  the  citizens  for 
municipal  purposes,  to  be  held  either  in  wards  or  in  general 
meetings,  shall  be  in  such  form,  and  shall  be  served,  executed 
and  returned  in  such  manner,  and  at  such  times  as  the  city 
council  may  by  order  direct. 

Section  5.  The  mayor  and  councilmen  shall  be  elected 
by  the  qualified  voters  of  the  city,  voting  in  their  respective 
wards  as  follows:  —  The  mayor  and  three  councilmen  shall 
be  elected  at  large  by  the  qualified  voters  of  the  city,  ^■oting 
in  their  respective  wards;  and  one  councilman  shall  be 
elected  by  the  (lualifictl  voters  of  each  ward,  rosi)ectively, 
and  he  shall  be  a  resident  of  the  ward  wherein  he  is  elected. 


Acts,  1911.  — Chap.  G21.  — Part  I.  647 


The  election  shall  be  by  ballot.  The  mayor  and  councllmen 
shall  hold  their  offices  for  two  years  from  the  first  Monday 
in  January  following  their  election,  and  until  others  shall  be 
elected  and  qualified  in  their  places. 

Section  6.     On  the  Tuesday  after  the  first  Monday  in  Counting 

IDQ  Qpclir- 

December,  biennially,  the  qualified  voters  in  each  ward  shall  ing  of  votes. 
give  in  their  votes  for  mayor  and  councilmen,  as  above  pro- 
vided; and  all  the  votes  so  given  shall  be  sorted,  counted, 
declared  and  registered  in  open  ward  meeting,  by  causing 
the  names  of  the  persons  voted  for,  and  the  number  of  votes 
given  for  each  to  be  written  in  the  ward  records  in  words  at 
length.  The  clerk  of  the  ward  shall,  within  twenty-four 
horn's  after  such  election,  deliver  to  the  persons  elected  as 
members  of  the  city  council,  certificates  of  their  election, 
signed  by  the  warden  and  clerk,  and  by  a  majority  of  the 
inspectors  of  elections  for  the  ward,  and  shall  deliver  to  the 
city  clerk  a  copy  of  the  records  of  the  elections,  certified  in 
like  manner.  The  city  council  for  the  time  being  shall,  as 
soon  as  conveniently  may  be,  within  seven  days  after  the 
election,  examine  the  copies  of  records  of  the  several  wards, 
certified  as  aforesaid,  and  shall  cause  the  person  who  shall 
have  been  elected  mayor,  to  be  notified  in  writing  of  his 
election;  but  if  it  shall  appear  that  no  person  has  received 
a  plurality  of  the  votes,  or  if  the  person  elected  shall  refuse 
to  accept  the  office,  the  city  council  shall  issue  their  warrant 
for  a  new  election,  and  the  same  proceedings  shall  be  had  as 
hereinbefore  provided  for  the  choice  of  mayor,  and  shall  be 
repeated  from  time  to  time,  until  a  mayor  shall  be  chosen 
and  sliall  accept  the  office.  In  case  of  the  decease,  resigna- 
tion, or  absence  of  the  mayor,  or  of  his  inability  to  perform 
the  duties  of  the  office,  it  shall  be  incumbent  on  the  city  coun- 
cil to  elect  as  expeditiously  as  possible  a  mayor  to  serve  dur- 
ing the  unexpired  term,  or  until  the  occasion  causing  the 
vacancy  be  removed.  And  if  it  shall  appear  that  the  full 
number  of  councilmen  has  not  been  elected,  the  same  pro- 
ceedings shall  be  had  as  are  hereinbefore  provided  for  the 
choice  of  mayor.  Each  councilman  shall  be  notified  in  writ- 
ing of  his  election  by  the  city  clerk. 

The  oath  prescribed  by  this  act  shall  be  administered  to  Oathof 
the  mayor  by  the  city  clerk,  or  by  any  justice  of  the  peace  mayor. 
for  the  county  of  Essex. 

The  city  council  elect  shall  meet  on  the  first  Monday  in  Oath  of 
January,  at  ten  o'clock  in  the  forenoon,   when  the  oath  city  council. 
required  by  this  act  shall  be  administered  to  the  members 


6J:8 


Acts,  11)11.  — Chap.  621.  — Part  I. 


Failure  to 
elect  a  mayor. 


Organization 
of  city 
council. 


Mayor  to  be 
chief  execu- 
tive oflicer 
of  the  city,  etc. 


Powers  of 
mayor. 


of  the  council  present,  by  the  mayor,  or  by  any  justice  of 
the  peace  for  the  county  of  Essex;  and  a  record  of  the  oath 
shall  be  entered  in  the  journal  of  the  mayor  and  city  council 
by  the  city  clerk. 

Whenever  it  shall  appear  that  no  mayor  has  been  elected 
before  the  said  first  Monday  in  January,  the  mayor  and  city 
council,  for  the  time  being,  shall  make  a  record  of  that  fact, 
an  attested  copy  of  which  the  city  clerk  shall  read  at  the 
opening  of  the  convention  to  be  held  as  aforesaid. 

After  the  oath  has  been  administered  as  aforesaid,  the  city 
council  shall  be  organized  by  the  choice  of  a  president,  who 
shall  be  sworn  to  the  faithful  discharge  of  liis  duties,  and 
shall  preside  over  the  city  council. 

In  case  of  the  absence  of  the  mayor  elect,  on  the  first  Mon- 
day in  January,  the  city  council  shall  organize  itself  in  the 
manner  hereinbefore  provided,  and  may  proceed  to  business 
in  the  same  manner  as  if  the  mayor  were  present;  and  the 
oath  of  office  may  be  administered  to  the  mayor  at  any 
time  thereafter,  in  a  meeting  of  the  city  council. 

Section  7.  The  mayor  thus  chosen  and  qualified  shall 
be  the  chief  executive  officer  of  the  city.  It  shall  be  his  duty 
to  be  vigilant  in  causing  the  laws  and  ordinances  of  the  city 
to  be  enforced,  and  to  exercise  a  general  supervision  over 
the  conduct  of  all  subordinate  officers,  and  to  cause  their 
neglect  of  duty  to  be  punished.  He  may  call  special  meetings 
of  the  city  council,  when  in  his  opinion,  they  are  necessary, 
by  causing  notices,  in  writing,  to  be  left  at  the  places  of  resi- 
dence of  the  several  members.  He  shall  communicate,  from 
time  to  time,  such  information  and  recommend  such  measures, 
as  in  his  opinion,  the  interests  of  the  city  may  require.  His 
salary  for  the  first  year  under  this  act,  shall  be  thirty-six 
hundred  dollars.  He  shall  aftenvard  receive  for  his  ser\'ices 
such  salary  as  the  city  council  shall  determine,  and  shall 
receive  no  other  compensation;  but  his  salary  shall  not  be 
increased  or  diminished  during  the  year  for  which  he  is 
chosen. 

Se(JTIOn  8.  The  executive  power  of  the  said  city  gener- 
ally, and  the  administration  of  the  police,  witli  all  the  power 
heretofore  vested  in  the  city  government  of  Lawrence,  shall 
be  vested  in  and  may  be  exercised  by  the  mayor  and  city 
council  as  fully  as  if  the  same  were  herein  enumerated.  The 
mayor  shall  have  full  and  exclusive  ])()wor  to  appoint  a  con- 
stable and  assistants,  or  a  city  marshal  and  assistants,  witii 
the  powers  and  duties  of  constables.     Other  police  officers 


Acts,  1911.  — Chap.  621.  —  Part  I.  6d9 

may  be  appointed  by  the  mayor  subject  to  confirmation  by 
the  city  council.  The  mayor  and  city  council  may  require 
any  person  who  may  be  appointed  marshal  or  constable  of 
the  city,  to  give  bonds  for  the  faithful  discharge  of  the  duties 
of  the  office,  with  such  security  and  to  such  amounts  as  may 
be  deemed  reasonable  and  proper;  upon  which  bonds  the 
like  proceedings  and  remedies  may  be  had  as  are  by  law  pro- 
vided in  the  case  of  constables'  bonds  taken  by  the  selectmen 
of  towns.  All  other  powers  now  vested  in  the  inhabitants 
of  the  said  city,  and  all  powers  granted  by  this  charter  shall 
be  vested  in  the  mayor  and  city  council  of  the  said  city,  to 
be  exercised  by  majority  vote. 

Section  9.  The  city  council  shall  in  the  month  of  Janu-  Assessors, 
ary  or  February,  nineteen  hundred  and  twelve,  elect  three  teim',°etc. 
assessors  to  serve  for  the  tel-ms  of  one,  two  and  three  years, 
respectively,  from  their  election,  and  thereafter  the  city 
council  shall,  annually,  in  the  month  of  January  or  Febru- 
ary, elect  an  assessor  who  shall  hold  office  for  the  term  of 
three  years  from  his  election,  and,  as  soon  after  their  organ- 
ization as  may  be  convenient,  a  city  treasurer,  collector  of 
taxes,  and  two  persons  to  be  members  of  the  board  of  chari- 
ties, without  pay,  and  shall  in  such  manner  as  the  city  coun- 
cil shall  determine  appoint  or  elect  all  subordinate  officers, 
not  herein  otherwise  directed,  for  the  ensuing  year,  define 
their  duties  and  fix  their  compensation  in  cases  where  such 
duties  and  compensation  shall  not  be  defined  and  fixed  by 
the  laws  of  the  commonwealth.  The  city  treasurer  and  col- 
lector shall  enter  upon  the  duties  of  their  offices  on  the  first 
day  of  March  in  each  year. 

Section  10.     All  the  sittings  of  the  mayor  and  city  council  n,avor^lnd 
shall  be  public  when  they  are  not  engaged  in  executive  busi-  c'ty  council 
ness.     The  city  council  shall  take  care  that  money  shall  not  etc. 
be  paid  from  the  treasury  unless  it  has  been  granted  or  appro- 
priated; shall  secure  a  just  and  prompt  accountability,  by 
requiring  bonds,  with  sufficient  penalty  and  sureties  from  all 
persons  entrusted  with  the  receipt,  custody  or  disbursement 
of  money;  shall  have  the  care  and  superintendence  of  city 
buildings,  and  the  custody  and  management  of  all  city  prop- 
erty, with  the  power  to  let  or  sell  what  may  legally  be  let  or 
sold ;  and  to  purchase  property,  real  or  personal,  in  the  name, 
or  for  the  use  of  the  city,  whenever  its  Interests  or  convenience 
may,  in  their  judgment,  require  It.     And  the  city  council 
shall,  as  often  as  once  a  year,  and  not  later  than  the  month 
of  May,  cause  to  be  published,  for  the  use  of  the  inhabitants, 


G50 


Acts,  1011.  —  Chap.  621.  —  Part  I. 


Mayor  to 
have  exclu- 
Bive  right  of 
norainiition 
in  certain 
cases. 


Proviso. 


City  clerk, 
election,  etc. 


Member  of 
hoard  of 
charities, 
etc. 


School 
committee, 
election,  etc. 


Water  com- 
missioner, 
etc. 


a  particular  account  of  the  receipts  and  expenditures,  and 
a  scliedule  of  city  property. 

Section  11.  In  all  cases  in  which  appointments  are 
directed  to  be  made  by  the  mayor,  and  city  council,  the 
mayor  shall  have  the  exclusive  right  to  nomination,  subject, 
however,  to  the  confirmation  or  rejection  by  the  city  council; 
and  no  person  shall  be  eligible  to  any  office  of  emolument 
the  salary  of  which  is  payable  out  of  the  city  treasury,  who 
at  the  time  of  his  appointment  shall  be  a  member  of  the  city 
council:  'provided,  however,  that  any  member  of  the  board 
may  be  elected  to  serve  as  mayor  whenever  a  vacancy  shall 
occur  in  that  office. 

Section  12.  The  city  clerk  shall  be  elected  in  the  man- 
ner at  present  in  operation;  he  shall  be  clerk  of  the  city 
council;  and  shall  be  sworn  to  the  faithful  performance  of 
his  duties.  He  shall  perform  such  duties  as  shall  be  pre- 
scribed by  the  city  council;  and  he  shall  perform  all  the 
duties  and  exercise  all  the  powers  by  law  incumbent  upon 
or  vested  in  the  city  clerk  of  the  city  of  Lawrence. 

Section  13.  The  mavor  shall  have  full  and  exclusive 
power  to  appoint  a  member  of  the  board  of  charities.  Said 
member  shall  be  chairman  of  the  board,  and  shall  hold  office 
for  two  years,  or  until  his  successor  is  appointed.  He,  in 
conjunction  with  two  other  members  appointed  as  herein- 
before provided,  shall  constitute  the  board  of  charities,  and 
shall  have  all  the  powers,  and  be  subject  to  all  the  duties 
now  by  law  pertaining  to  the  overseers  of  the  poor  of  the 
city  of  Lawrence. 

Section  14.  The  qualified  voters  shall  elect  at  the  first 
election  of  a  school  committee  imder  this  charter,  to  be  held 
in  the  year  nineteen  hundred  and  twelve  and  everj'^  two  years 
thereafter,  twelve  citizens,  two  from  each  ward,  to  be  mem- 
bers of  the  school  committee;  and  the  persons  so  chosen, 
together  with  tlie  mayor,  who  shall  be,  ex  officio,  chairman  of 
the  board,  shall  constitute  the  school  committee,  and  shall 
have  the  care  and  superintendence  of  the  public  schools. 
The  said  committee  shall  appoint  from  their  own  members  or 
otherwise,  a  secretary,  to  be  under  the  direction  and  control 
of  the  committee.  They  shall  also  elect  a  superintendent 
of  schools.  The  compensation  of  the  secretary  and  superin- 
tendent shall  be  determined  from  year  to  year  by  the  school 
committee. 

Section  15.  The  mayor  shall  have  full  and  exclusive 
power  to  api)()int,  subject  to  confirmation  by  the  city  c-ouncil. 


Acts,  1011.  — CiiAr.  02 1.  —  Part  I.  G51 

one  person  to  be  water  commissioner,  to  serve  for  a  term  of 
one  year,  who  shall  have  all  the  powers  and  be  subject  to  all 
the  duties  now  by  law  pertaining  to  the  members  of  the  water 
board  of  the  city  of  Lawrence.  He  shall  receive  such  com- 
pensation as  the  city  council  may  from  time  to  time  deter- 
mine. 

Section  16.     The  commissioner  of  highways,  to  serve  for  Powers  of 
a  term  of  two  years,  shall  have  all  the  powers  and  be  subject  o?  highways? 
to  all  the  duties  now  by  law  pertaining  to  the  superintendent  '''''• 
of  streets  of  the  city  of  Lawrence ;  he  shall  be  elected  by  the 
voters  voting  at  large  in  their  respective  wards  as  at  present 
is  elected  the  superintendent  of  streets.     He  shall  receive  for 
his  services  such  salary  as  the  city  council  shall  determine, 
and  shall  receive  no  other  compensation.      He  shall  be  sub- 
ject to  removal  by  recall  as  hereinafter  provided. 

Section  17.     The  board  of  health  shall  consist  of  three  Board  of 
members,  one  of  whom  shall  be  a  physician.     The  members  pohumeTt^ 
shall  be  appointed  by  the  mayor,  subject  to  confirmation  t'^'™^'  ^'<^-' 
by  the  city  council,  and  shall  serve  for  terms  of  one,  two  and 
three  years  respectively.     The  members  shall  be  subject  to 
removal  by  the  mayor  for  cause,  and  shall  receive  such  com- 
pensation as  the  city  council  may  from  time  to  time  deter- 
mine.    The  board  shall  exercise  all  the  powers  vested  in  and 
shall  perform  all  duties  incumbent  upoa  the  board  of  health 
of  the  city  of  Lawrence. 

Section  IS.  The  office  of  purchasing  agent  shall  be  estab-  purchasing 
lished  for  the  purpose  of  purchasing  all  municipal  supplies,  '"'"''"*• 
including  those  of  the  public  schools  and  public  library.  The 
purchasing  agent  shall  be  appointed  by  the  mayor  subject 
to  confirmation  by  the  city  council,  and  shall  serve  for  a 
term  of  one  year.  His  duties  shall  be  defined  by  the  city 
council.  He  shall  receive  for  his  services  such  salary  as  the 
city  council  may  determine. 

Section  19.     The  chief  engineer  of  the  fire  department,  Enc 
and  the  assistant  engineers  shall  be  appointed  by  the  mayor  ^|*''*'*^'"« 
subject  to  confirmation  by  the  city  council.     The  terms  of 
office,  powers  and  duties  of  the  chief  engineer,  and  of  the 
assistant  engineers  shall  remain  as  at  present  defined,  sub- 
ject to  future  amendment. 

Section  20.     Unless  other  provision  is  made  by  law  or  Removals. 
ordinance,  all  officials  shall  be  removable  at  pleasure  for 
cause  by  the  authority  appointing  or  electing  them,  and  unless 
so  removed  from  office  shall  hold  office  until  their  successors 
are  chosen  and  qualified. 


gineers 

he  fire 

partment. 


652 


Acts,  1911.  — Chap.  G21.  — Paiit  T. 


Publicity  of 

municipal 

affairs. 


Expendi- 
tures not  to 
exceed  ap- 
propriations. 


Itemized 
Btateuaent  of 
receipts  and 
expendi- 
tures. 


Preparation 
of  list  of 
jurors. 


Section  21.  The  city  council  shall  by  ordinance  estab- 
lish ways  and  means  for  insuring  the  fullest  publicity  of 
municipal  affairs  and  transactions;  for  preventing  extrava- 
gant expenditures,  and  waste  of  public  funds,  and  for  elect- 
ing and  appointing  officials  not  specifically  mentioned  in  this 
charter. 

Section  22.  No  officer  of  the  city,  except  in  case  of 
extreme  emergency  involving  the  health  or  safety  of  the 
people  or  of  their  property,  shall  expend  in  any  fiscal  year 
any  sum  in  excess  of  the  appropriation  therefor  duly  made  in 
accordance  with  law;  and  any  officer  who  violates  this  pro- 
vision shall  be  punished  by  a  fine  not  exceeding  one  thousand 
dollars,  or  by  imprisonment  for  not  more  than  one  year,  or 
by  both  such  fine  and  imprisonment. 

Section  23.  The  mayor  shall  each  month  have  printed 
in  pamphlet  form  a  detailed  itemized  statement  of  all  receipts 
and  expenditures  of  the  city  during  the  preceding  month, 
and  of  all  bills  and  accounts  owed  by  the  city  at  the  end  of 
the  preceding  month,  in  such  a  manner  as  to  show  the  gross 
monthly  revenue  and  expense  of  each  department;  and  shall 
furnish  copies  thereof  to  the  public  library,  to  the  daily  news- 
papers published  in  said  city,  and  to  persons  who  shall  apply 
therefor  at  the  office  of  the  city  clerk.  At  the  end  of  the 
municipal  year  he  shall  cause  a  complete  examination  of 
all  books  and  accounts  of  the  city  to  be  made  by  competent 
accountants,  and  shall  publish  the  result  of  such  examina- 
tion in  the  manner  above  provided  for  the  publication  of 
monthly  statements.  The  provisions  of  this  section  shall 
apply  to  the  school  department  of  the  city,  and  the  school 
committee  shall  furnish  the  mayor  with  such  information, 
figures  and  data  as  may  be  necessary  to  carry  out  the  ])ro- 
visions  of  this  section  so  far  as  it  applies  to  the  finance  de- 
partment. 

Section  24.  The  list  of  jurors  shall  be  prepared  by  the 
l)oard  of  registrars,  in  the  same  manner  as  is  required  by 
section  four  of  chapter  one  hundred  and  seventy-six  of  the 
Revised  Laws.  The  mayor  and  city  council  and  the  city 
clerk  shall  severally  have  and  exercise  all  the  ])()wers  and 
duties  with  regard  to  the  drawing  of  jurors  in  the  city,  and 
all  other  matters  relating  to  jurors  therein,  which  are  by 
law  retiuired  to  be  ])erforined  by  the  selectmen  and  town 
clerk  in  their  respective  towns;  and  all  venires  for  jurors 
to  be  returned  from  Lawrence  shall  be  served  on  the  inayt)r 
and  city  clerk. 


Acts,  1911.  — Chap.  621.  — Paut  I.  653 

Section  25.  The  mayor  and  city  council  shall  have  ex-  Laying  out 
elusive  right  to  lay  out,  alter  or  discontinue  any  street  or  waysTetc.^"'^ 
way,  and  to  estimate  the  damage  which  any  individual  may 
sustain  thereby.  And  any  person  dissatisfied  with  the  deci- 
sion of  the  city  council  in  the  estimate  of  damages  may  have 
the  same  determined  in  the  manner  provided  by  chapter 
forty-eight  of  the  Revised  Laws. 

Section  26.  The  mayor  and  city  council  shall  have  the  Drains  and 
power  to  cause  drains  and  common  sewers  to  be  laid  through  ^**^^' 
any  street  or  private  land,  paying  the  owners  such  damages 
as  they  sustain  thereby.  And  the  city  council  may  make 
ordinances  with  suitable  penalties,  for  the  inspection,  sur- 
vey, measurement  and  sale  of  lumber,  wood,  coal  and  bark, 
brought  into  the  city  for  sale. 

Section  27.     The  mayor  and  city  council  shall,  in  each  Meetings 
year,  issue  their  warrant  for  calling  meetings  for  the  election  of'repre-"''' 
of  the  whole  number  of  representatives  to  the  general  court  sentatives. 
to  which  the  said  city  is  by  law  entitled,  and  the  number 
shall  be  specified  in  the  warrant. 

Section  28.  The  laws  of  the  commonwealth  relating  to  Certain  pro- 
city  elections,  state  and  national  elections,  special  elections,  Lw^to^appiy. 
election  officers,  voting  places,  election  apparatus  and  blanks, 
the  calling  and  conduct  of  elections,  the  manner  of  voting 
at  elections,  the  counting  and  recounting  of  votes  and  the 
disposal  of  ballots,  to  corrupt  practices  and  penalties,  shall 
apply  to  elections  held  under  this  charter,  except  as  is  other- 
wise provided  herein. 

Section  29.  General  meetings  of  the  citizens  qualified  General 
to  vote,  may  from  time  to  time  be  held  to  consult  upon  the  citizens. 
public  good,  to  give  instruction  to  their  representatives,  to 
take  all  lawful  measures  to  obtain  redress  from  grievances, 
according  to  the  rights  secured  to  the  people  by  the  consti- 
tution of  this  commonwealth.  And  such  meetings  may  and 
shall  be  duly  warned  by  the  mayor  and  city  council,  upon 
the  request  of  fifty  qualified  voters. 

Section  30.  The  city  council  shall  have  power  to  make  ordinances. 
all  such  salutary  and  needful  ordinances  as  cities,  by  the 
laws  of  this  commonwealth,  have  power  to  make  and  estab- 
lish, and  may  annex  penalties,  not  exceeding  twenty  dollars 
for  the  breach  thereof,  which  ordinances  shall  take  effect 
and  be  in  force  from  and  after  the  time  therein,  respectively 
limited,  without  the  sanction  of  any  court,  or  other  authority 
whatever:  provided,  however,  that  all  laws  and  ordinances  Proviso, 
now  in  force  in  the  city  of  Lawrence  shall,  until  they  expire 


651 


Acts,  1911.  — Chap.  621.  — Part  I. 


Fines, 

forfeitures, 

etc. 


Repeal. 


by  tlieir  own  limitation,  or  are  revised  or  repealed  by  the 
city  council,  remain  in  force.  All  fines  and  forfeitures  for 
the  breach  of  any  law  or  ordinance  shall  be  i)aid  into  the 
city  treasury. 

Section  31.  All  fines,  forfeitures  and  penalties  accruing 
for  the  breach  of  any  ordinance  of  the  city  of  Lawrence,  or 
any  of  the  ordinances  of  the  city  council,  or  any  of  the  orders 
of  the  mayor  and  city  council,  may  be  prosecuted  for  and 
recovered  in  the  police  court  of  the  city  of  Lawrence,  by  com- 
plaint or  information,  in  the  same  manner  in  which  other 
criminal  offenses  are  now  prosecuted  in  the  police  or  munici- 
pal courts  of  the  commonwealth;  reserving,  however,  in  all 
cases,  to  the  party  complained  of  and  prosecuted,  the  right 
to  appeal  to  the  superior  court  for  the  county  of  Essex;  and 
the  appeal  shall  be  allowed  on  the  terms,  and  the  proceedings 
shall  be  conducted  in  the  manner  provided  by  the  Revised 
Laws.  And  it  shall  be  sufficient  in  all  prosecutions  to  set 
forth  in  the  complaint  the  ofl^ense,  fully,  plainly,  substan- 
tially and  formally;  and  it  shall  not  be  necessary  to  set  forth 
any  by-law,  ordinance  or  order,  or  any  part  thereof.  All 
fines,  forfeitures  and  penalties  so  recovered  and  paid,  shall 
be  paid  to  the  treasurer  of  the  city  of  Lawrence,  and  shall 
enure  to  such  use  as  the  said  city  council  shall  direct.  When 
any  person,  upon  any  conviction  before  the  police  court  for 
any  breach  of  any  ordinance  of  the  city  of  Lawrence,  or  of 
any  ordinance  of  the  city  council,  or  of  any  of  the  orders  of 
the  mayor  and  city  council,  shall  be  sentenced  to  pay  a  fine, 
or  ordered  to  pay  any  penalty  or  forfeiture  provided  for  by 
any  such  ordinance  or  order,  and  does  not  pay  the  same,  or, 
upon  claiming  an  appeal,  shall  fail  to  recognize  for  his  appear- 
ance at  the  court  appealed  to,  there  to  prosecute  his  appeal, 
and  to  abide  the  sentence  or  order  of  the  court  thereon,  and 
in  the  meantime  to  keep  the  peace  and  be  of  good  behavior, 
he  shall  be  committed  to  prison,  there  to  remain  until  he 
shall  pay  such  fine,  forfeiture  or  penalty,  or  be  otherwise 
discharged  according  to  law.  The  provisions  of  this  section 
shall  also  apply  to  all  prosecutions  founded  on  the  ordinances 
of  the  city  of  Lawrence,  which  may  continue  in  force  after 
this  act  shall  go  into  operation,  and  all  the  powers  of  the 
police  court  already  established  shall  be  continued  to  it. 

Section  32.  All  special  acts  or  parts  of  special  acts  apply- 
ing to  the  city  of  Lawrence,  inconsistent  herewith,  are  hereby 
rei)eal('(l,  and  all  general  acts  or  j^arts  of  general  acts  inconsist- 
ent herewith,  shall  not  hereafter  apply  to  the  city  of  Lawrence. 


Acts,  1911.  —  Chap.  G21.  —  Pakt  I.  655 


RECALL  AUTHORIZED. 

Section  33.    Any  holder  of  an  elective  office,  whether  Recaii 
elected  thereto  or  appointed  to  fill  a  vacancy,  may  be  recalled 
and  removed  therefrom  by  the  qualified  voters  of  the  city 
as  herein  provided. 

RECALL  PETITION. 

Section  34.  Any  qualified  voter  of  the  city  may  make  and  pe*!^^"!!. 
file  with  the  city  clerk  an  affidavit  containing  the  name  of 
the  officer  sought  to  be  removed,  and  a  statement  of  the 
ground  for  removal.  The  clerk  shall  thereupon  deliver  to 
the  voter  making  such  affidavit,  a  sufficient  number  of  copies 
of  petitions  for  recall  and  removal,  printed  forms  of  which 
he  shall  keep  on  hand.  Such  petitions  shall  be  issued  by 
the  clerk  with  his  signature  and  official  seal  thereto  attached ; 
they  shall  be  dated  and  addressed  to  the  city  council,  shall 
contain  the  name  of  the  person  to  whom  issued,  the  number 
of  the  form  so  issued,  the  name  of  the  person  sought  to  be 
removed,  the  office  from  which  his  removal  is  sought,  the 
grounds  for  removal  as  stated  in  said  affidavit,  and  shall 
demand  the  election  of  a  successor  to  the  said  office;  and  a 
copy  of  the  petition  shall  be  entered  in  a  record  book  to  be 
kept  in  the  office  of  said  clerk.  Any  defect  in  said  form  or 
record  shall  not  invalidate  the  same.  The  recall  petition 
shall  be  returned  and  filed  with  said  clerk  within  thirty  days 
after  its  issue.  Said  petitions  before  being  returned  and 
filed  shall  be  signed  by  qualified  voters  equal  in  number  to 
at  least  twenty-five  per  cent  of  the  last  preceding  vote  cast 
for  all  candidates  for  governor  of  the  commonwealth  by  the 
voters  of  the  city,  and  to  every  such  signature  shall  be  at- 
tached the  signer's  place  of  residence,  giving  the  street  and 
number.  The  signatures  need  not  all  be  on  one  paper.  One 
of  the  signers  of  every  such  paper  shall  make  an  affidavit 
thereto  that  the  statements  therein  contained  are  true,  and 
that  each  signature  appended  to  the  paper  is  the  genuine 
signature  of  the  person  whose  name  it  purports  to  be.  All 
such  papers  for  the  recall  of  any  one  officer  shall  be  fastened 
together  and  filed  as  one  instrument,  with  the  indorsements 
thereon  of  the  names  and  addresses  of  three  persons  desig- 
nated as  filing  the  same. 


656 


Acts,  1911.  — CiiAr.  621.  — Taut  I. 


EXAMINATION    AND   CERTIFICATION    OF    RECALL   PETITIONS. 

Sc^STcSu'        Section  35.     Within  ten  days  after  the  filing  of  the  said 
petitions.  petition,  the  clerk  shall  ascertain  by  examination  thereof 

and  of  the  registration  books  and  election  returns,  whether 
the  petition  is  signed  by  the  requisite  number  of  qualified 
voters,  and  shall  attach  thereto  a  certificate  showing  the 
result  of  his  examination.  He  shall,  if  necessary,  be  allowed 
extra  help  for  this  purpose  by  the  city  council.  If  his  cer- 
tificate shows  the  petition  to  be  insufficient,  he  shall  within 
the  said  ten  days  so  notify  in  writing  one  or  more  of  the  per- 
sons designated  on  the  petition  as  filing  the  same;  and  the 
petition  may  be  amended  at  any  time  within  ten  days  after 
the  giving  of  said  notice.  The  clerk  shall,  within  ten  days 
after  such  amendment,  make  like  examination  of  the  amended 
petition,  and  attach  thereto  his  certificate  of  the  result.  If 
the  petition  is  still  insufficient,  or  if  no  amendment  is  made, 
he  shall  return  the  petition  to  one  of  the  persons  designated 
therein  as  filing  it,  without  prejudice,  however,  to  the  filing 
of  a  new  petition  for  the  same  purpose. 


Recall 
election. 


Proviso. 


Officer 
sought  to 
be  removed 
may  be  a 
candidate. 


RECALL  ELECTION. 

Section  36.  If  the  petition  or  amended  petition  shall  be 
found  and  certified  by  the  clerk  to  be  sufficient,  he  shall 
submit  the  same  with  his  certificate  to  the  city  council  with- 
out delay,  and  the  city  council  shall,  if  the  officer  sought  to 
be  removed  does  not  resign  within  five  days  thereafter,  there- 
upon order  an  election  to  be  held  on  a  Tuesday  fixed  by  it, 
not  less  than  thirty  nor  more  than  forty  days  after  the  date 
of  the  clerk's  certificate  that  a  sufficient  petition  is  filed: 
provided,  hoivever,  that  if  any  other  municipal  election  is  to 
occur  within  sixty  days  after  the  date  of  the  clerk's  certificate, 
the  city  council  may,  in  its  discretion,  postpone  the  holding 
of  the  removal  election  to  the  date  of  such  other  municipal 
election.  If  a  vacancy  occurs  in  said  office  after  a  removal 
election  has  so  been  ordered,  the  election  shall  nevertheless 
proceed  as  herein  provided. 

Section  37.  Any  officer  sought  to  be  removed  may  be  a 
candidate  to  succeeid  himself,  and  unless  he  requests  other- 
wise in  writing,  the  clerk  shall  ])lace  his  name  on  the  official 
ballot  without  nomination.  The  nomination  of  other  candi- 
dates, the  publication  of  the  warrant  for  the  removal  elec- 


Acts,  1911.  — Chap.  G21.  — Part  I.  657 

tion,  and  the  conduct  of  the  same,  shall  all  be  in  accord  with 
the  provisions  of  this  charter,  relating  to  elections. 

Section  38.     The  incumbent  shall  continue  to  perform  incumbent 
the  duties  of  his  office  until  the  removal  election.     If  then  in  on'ke""'' 
elected,  he  shall  continue  in  office  for  the  remainder  of  his  ""''''  ^^''' 
unexpired  term,  subject  to  recall  as  before,  except  as  provided 
in  the  next  section.     If  not  then  elected,  he  shall  be  deemed 
removed  upon  the  qualification  of  his  successor,  who  shall 
hold  office  during  the  unexpired  term.     If  the  successor  fails 
to  qualify  within  ten  days  after  notification  of  his  election, 
the  incumbent  shall  thereupon  be  deemed  removed  and  the 
office  vacant. 

Section  39.     No  recall  petition  shall  be  filed  against  any  Time-  of 
officer  until  he  has  actually  held  his  office  for  at  least  three  subjecfto 
months,  nor,  in  the  case  of  an  officer  re-elected  in  a  removal  ^'^^'^^^' 
election  until  six  months  after  that  election. 

Section  40.     No  person  who  has  been  removed  from  an  Person 
office  by  recall,  or  who  has  resigned  from  such  office  while  lecan'Tiotto 
recall  proceedings  were  pending  against  him,  shall  be  ap-  office"eta 
pointed  to  any  office  within  one  year  after  such  removal  by 
recall  or  resignation. 

Section  41.     In  the  warrant  for  a  removal  election,  there  Reasons  for 
shall  be  printed,  in  not  more  than  two  hundred  words,  the  rVea'iitobe 
reasons  for  demanding  the  recall  of  the  officer  as  set  forth  in  i'^'^"*'^  • 
the  recall  petition,  and,  in  not  more  than  two  hundred  words, 
the  officer  may  justify  his  course  in  office. 

ordinances  and  resolutions. 

Section  42.  In  legislative  session,  the  city  council  shall  ,^nd'"esoi'u. 
act  by  ordinance,  resolution  or  order.  The  ayes  and  nays  *'^°^- 
shall  be  taken  upon  the  passage  of  all  ordinances  and  resolu- 
tions, and  entered  upon  the  journal  of  its  proceedings.  Upon 
the  request  of  any  member,  the  ayes  and  nays  shall  be  taken 
and  recorded  upon  any  order.  Every  ordinance  passed  by 
the  city  council  shall  require  on  final  passage  the  affirmative 
vote  of  a  majority  of  the  members  of  the  council. 

No  ordinance  shall  be  passed  finally  on  the  date  on  which 
it  is  introduced,  except  in  cases  of  special  emergency,  for 
the  preservation  of  the  public  peace,  health  or  safety,  and 
then  only  by  unanimous  vote  of  all  members  of  the  city  coun- 
cil. No  ordinance  making  a  grant  of  any  franchise  or  special 
privilege  shall  ever  be  passed  as  an  emergency  measure. 


658 


Acts,  1911.  — Chap.  621.  — Part  I. 


Enacting 
clause  of 
ordinances. 


Proposed 
ordinance 
to  be 
published. 


Amendment 
or  repeal  of 
ordinance. 


Direct  legis- 
lation by  the 
people. 


City  clerk 
to  certify 
number  of 
names  upon 
petition,  etc. 


Proposed 
ordlniiiicc  to 
be  8ubmittud 


The  enacting  clause  of  all  ordinances  passed  by  the  city 
council  shall  be  in  these  words:  "Be  it  ordained  by  the  city 
council  of  the  City  of  Lawrence." 

Section  43.  Every  proposed  ordinance  shall  be  published 
once  in  full,  in  at  least  two  new.spapers  of  the  city,  at  least 
ten  days  before  its  final  passage.  After  such  final  passage, 
it  shall  again  be  published  in  the  city  of  Lawrence,  as  amended 
and  completed,  once  in  at  least  two  newspapers,  except  in 
cases  of  an  emergency  ordinance,  which  may  be  passed  as 
heretofore  provided,  and  which  shall  take  effect  upon  its 
passage,  and  shall  so  be  published  at  the  earliest  possible 
moment. 

Section  44.  No  ordinance  or  section  thereof  shall  be 
amended  or  repealed  except  by  an  ordinance  regularly 
adopted. 

DIRECT  LEGISLATION  BY  THE  PEOPLE. 

Section  45.  Any  proposed  ordinance  may  be  submitted 
to  the  city  council  by  petition  signed  by  qualified  \oters  of 
the  city  equal  in  numl^cr  to  the  percentage  hereinafter  re- 
quired. The  procedure  in  respect  of  such  a  petition  shall 
be  the  same  as  that  provided  in  sections  twenty-nine,  thirty 
and  thirty-one  of  this  charter,  with  such  modifications  as 
the  nature  of  the  case  requires,  except  that  no  blank  forms 
shall  be  furnished  or  jireliniinary  affidavit  made. 

Section  4G.  If  the  petition  accompanying  the  proposed 
ordinance  be  signed  by  qualified  voters  equal  in  number  to 
at  least  twenty-five  per  cent  of  the  last  preceding  vote  cast 
in  the  city  for  all  candidates  for  governor  of  the  common- 
wealth, and  contains  a  request  that  the  proposed  ordinance 
be  submitted  to  a  vote  of  the  people,  if  not  passed  by  the 
city  council,  the  clerk  shall  thereupon  ascertain  antl  certify 
its  number  of  qualified  signers;  whereu])on  if  the  certificate 
shows  the  required  number  of  qualified  signers,  the  city 
council  shall  within  twenty  days  thereinafter,  either. 

Pass  said  ordinance  without  alteration,  (subject  to  the 
referendum  vote  provided  by  this  article) ;  or, 

Call  a  special  election,  unless  a  general  or  special  municipal 
election  is  to  be  held  within  ninety  days  thereafter,  and  at 
such  general  or  special  municipal  election  said  proposed  ordi- 
nance shall  be  submitted  without  alteration  to  the  vote  of 
the  cjualified  voters  of  the  city. 

Section  47.  If  the  petition  be  signed  by  qualified  voters 
equal  in  number  to  at  least  twenty-fi\e  per  cent  of  the  last 


Acts,  1911.  — CuAr.  621. —Part  I.  659 


preceding  vote  cast  in  the  city  for  all  candidates  for  erovernor  to  popular 

vote  in  ccr- 

of  the  commonwealth,  as  shown  in  the  manner  hereinbefore  tain  cases. 
provided,  and  said  proposed  ordinance  be  not  passed  with- 
out alteration  by  the  city  council  within  twenty  days,  as 
proA'ided  in  the  preceding  section,  then  such  proposed  ordi- 
nance, without  alteration,  shall  be  submitted  by  the  city 
council  to  popular  vote  at  the  next  municipal  election. 

Section  48.  No  ordinance  passed  by  the  city  council  ^^'™,^geffect 
shall  take  effect  until  thirty  days  after  its  final  passage  and  "f  ordinance, 
final  publication,  except  an  emergency  ordinance,  as  pro- 
vided for  in  this  charter.  If,  wdthin  said  thirty  days,  a 
petition  signed  by  qualified  electors  of  the  city  equal  in 
number  to  at  least  twenty-five  per  cent  of  the  last  preceding 
vote  cast  in  the  city  for  all  candidates  for  governor  of  the 
commonwealth,  be  presented  to  the  city  council,  protesting 
against  the  taking  effect  of  the  ordinance  or  of  any  part 
thereof,  the  same  shall  thereupon  and  thereby  be  suspended 
from  taking  effect.  The  city  council  shall  immediately  re- 
consider the  ordinance,  and  if  the  same  be  not  repealed,  the 
city  council  shall  submit  it,  by  the  method  herein  provided, 
to  a  vote  of  the  qualified  voters  of  the  city,  either  at  the  next 
general  municipal  election,  or  at  a  special  election,  which 
may,  in  their  discretion,  be  called  by  them  for  that  purpose; 
and  the  ordinance  shall  not  take  effect  unless  a  majority  of 
the  qualified  electors  voting  on  the  same  at  such  election  shall 
vote  in  favor  thereof.  The  procedure  in  respect  of  the  said 
referendum  petition  shall  be  the  same  as  that  provided  in 
sections  twenty-nine,  thirty  and  thirty-one  of  this  charter, 
with  such  modifications  as  the  nature  of  the  case  requires, 
except  that  no  blank  forms  shall  be  furnished  or  preliminary 
affidavit  made. 

COUNCIL  MAY  ORDER  A  REFERENDUM. 

Section  49.  The  city  council  may,  of  its  own  motion.  Council  may 
submit  to  popular  vote  for  adoption  or  rejection  at  a  general  endmi^.'^^  ^^ 
or  special  municipal  election,  any  proposed  ordinance  or 
measure,  or  a  proposition  for  the  repeal  or  amendment  of 
any  ordinance,  in  the  same  manner  and  with  the  same  force 
and  effect  as  are  herein  provided  for  submission  on  petition. 
If  the  provisions  of  two  proposed  ordinances  or  measures, 
submitted  at  the  same  election  are  inconsistent,  then  the 
ballot  shall  be  so  printed  that  the  voter,  first,  can  choose  be- 
tween any  measure  and  none,  and,  secondly,  can  express 


6()0 


Acts,  1011.  — Chap.  G21.  — Part  I. 


Provision 
for  votiiif;  to 
be  iiiiule  on 
each  ballot. 

Not  more 
than  one 
special  elec- 
tion in  six 
months. 

Repeal,  etc., 
of  eertain 
ordinances. 

Regulations 
for  carrying 
out  provi- 
sions of 
charter. 


hi.s  preference  between  one  measure  and  the  other.  If  a 
majority  of  the  votes  on  the  first  question  are  affirmative, 
then  the  measure  receiving  the  larger  number  of  votes  shall 
become  law.  The  city  clerk  shall  print  and  distribute  to 
each  voter  a  sample  ballot,  together  with  the  text  of  every 
measure  to  be  submitted  to  a  vote  of  the  people.  The  ballots 
used  in  voting  upon  proposed  ordinances  shall  state  the  nature 
of  the  ordinance  in  terms  sufficient  to  show  the  substance 
thereof.  If  a  majority  of  the  qualified  voters  voting  on  a 
proposed  ordinance  shall  vote  in  favor  thereof,  the  same  shall 
thereupon  become  an  ordinance  of  the  city. 

Srx'TioN  50.  Provision  shall  be  made  on  each  ballot  for 
voting  upon  all  proposed  ordinances  submitted  at  that  elec- 
tion. 

Section  51.  There  shall  not  be  held  under  sections  forty- 
five  to  fifty-three,  inclusive,  more  than  one  special  election 
in  any  period  of  six  months. 

Section  52.  An  ordinance  adopted  by  popular  vote  shall 
not  be  repealed  or  amended  except  by  popular  vote. 

Section  53.  The  city  council  may,  by  ordinance,  make 
such  regulations,  not  in  conflict  herewith,  as  it  may  deem 
necessary  to  carry  out  the  provisions  of  this  charter. 


Officers,  etc., 
in  the  service 
of  tlie  city 
to  continue 
in  office 
until,  etc. 


Duties  of 
mayor  and 
aldermen 
relating  to 
elections. 


CHARTER   to    BE    ACCEPTED    BY    TIIE    VOTERS    OF    LAWRENCE. 

Section  54.  All  officers  and  other  persons  in  the  ser\ice 
of  the  city  when  this  charter  takes  etl'oct  shall  continue  to 
serve  as  such,  shall  receive  the  compensation  pro\ided  by 
law  or  by  ordinance,  and  shall  have  and  exercise  the  powers, 
authority  and  jurisdiction  theretofore  possessed  by  them 
respectively,  until  the  elective  officers  first  elected  hereunder 
shall  have  qualified,  unless  it  is  otherwise  provided  herein. 
Upon  such  qualification,  the  term  of  office  of  the  ma\or, 
aldermen  and  common  council,  who  may  be  in  office  at  the 
time  when  this  charter  takes  eft'ect  shall  terminate  immedi- 
ately, and  all  persons  appointed  or  elected  by  them,  whose 
terms  shall  not  have  expired,  shall  continue  to  tlraw  com- 
pensation at  the  same  rate,  and  to  exercise  the  same  powers, 
authority  and  jurisdiction  as  theretofore,  until  they  are 
replaced  or  until  the  city  council  shall  otherwise  provide. 

Section  55.  It  shall  be  the  duty  of  the  mayor,  the  alder- 
men and  common  council,  and  the  city  clerk  in  office  when 
this  charter  takes  effect,  to  comply  with  all  the  re(|uirein(Mits 
of  this  charter  relating  to  elections,  to  the  end  that  all  things 


Acts,  1911.  — Chap.  621.  — Pakt  IT.  6G1 

may  be  done  necessary  to  the  nomination  and  election  of 
the  officers  first  to  be  elected  under  this  act. 

Section  56.     All    laws,    ordinances,    resolutions,    orders,  Certain  laws, 
rules  or  regulations  in  force  in  the  city  of  Lawrence  at  the  etd'to"^*'^' 
time  when  this  charter  takes  effect,  not  inconsistent  with  force""^ '" 
its  provisions,  whether  enacted  by  authority  of  the  city  or 
by  any  other  authority,  shall  continue  in  full  force  and  effect 
until  other  provision  is  made  by  ordinance  or  law;  all  others 
are  hereby  repealed,  but  tliis  repeal  shall  not  revive  any  pre- 
existing enactment. 

Section  57.     All    official    bonds,    recognizances,    obliga-  Bonds,  re- 
tions,  contracts,  and  all  other  instruments  entered  into  or  etf.^to  be''^' 
executed  by  or  to  the  city  before  this  charter  takes  effect,  |°J°'^*^'^' 
and  all  taxes,  fines,  penalties,  forfeitures  incurred  or  imposed, 
due  or  owing  the  city,  shall  be  enforced  or  collected,  and  all 
writs,  prosecutions,  actions  and  causes  of  action,  except  as 
herein  otherwise  provided,  shall  continue  without  abatement 
and  remain  unaffected  by  this  charter;  and  all  legal  acts 
done  by  or  in  favor  of  the  city,  shall  be  and  remain  as  valid  as 
though  this  charter  had  not  been  passed. 

Section  58.     Part  I  of  this  act  shall  not  take  effect  until  Subject  to 
accepted  by  the  voters  of  the  city  as  hereinafter  provided,  i)y  the  voters 
and  if  so  accepted,  it  shall  take  effect  for  the  next  ensuing  etc.  ^ '''  ^' 
city  election  which  shall  be  held  on  the  third  Tuesday  of 
December  in  the  year  nineteen  hundred  and  eleven.     There- 
after, the  said  election  shall  be  held  biennially  on  the  Tues- 
day after  the  first  Monday  in  December.     For  all  other 
purposes  Part  I  of  this  act,  if  accepted,  shall  take  effect  at 
ten  o'clock  in  the  forenoon  on  the  first  Monday  of  January, 
nineteen  hundred  and  twelve. 


PART  II. 

Section  1 .  The  inhabitants  of  the  city  of  Lawrence  shall  city  of 
continue  to  be  a  municipal  corporation,  under  the  name  of 
the  City  of  Lawrence,  and  as  such  shall  have,  exercise  and 
enjoy  all  the  rights,  immunities,  powers  and  privileges,  and 
shall  be  subject  to  all  the  duties,  liabilities  and  obligations 
provided  for  herein  or  otherwise  pertaining  to  or  incumbent 
upon  said  city  as  a  municipal  corporation. 

Section  2.     The  territory  of  the  city  shall  continue  to  wards. 
be  divided  into  six  wards,  which  shall  retain  their  present 
boundaries  until  the  same  shall  lawfully  be  changed. 


662 


Acts,  1911.  — Chap.  621.  — Part  II. 


Government 
of  city,  etc. 


City  council 
and  school 
committee, 
how  com- 
posed, etc. 


Section  3.  The  government  of  the  city  and  the  general 
management  and  control  of  all  its  afl'airs  shall  be  vested  in  a 
city  council  which  shall  be  elected  and  shall  exercise  its 
powers  in  the  manner  hereinafter  set  forth,  except,  however, 
that  the  general  management  and  control  of  the  public 
schools  of  the  city  and  of  the  property  pertaining  thereto 
shall  be  vested  in  a  school  committee. 

Section  4.  The  city  council  shall  consist  of  five  mem- 
bers, to  wit,  a  mayor  and  four  aldermen.  The  school  com- 
mittee shall  consist  of  the  mayor  and  four  other  members. 
All  the  above  officers  shall  be  elected  at  large,  by  and  from 
the  registered  voters  of  the  city,  for  terms  of  two  years, 
unless  it  is  otherwise  provided  in  this  act. 


Municipal 
election  and 
municipal 
year. 


Election  of 
mayor,  etc. 


Preliminary 
elections  to 
be  held  for 
nominating 
candidates, 
etc. 


ELECTIONS. 

Section  5.  The  municipal  election  shall  take  place  an- 
nually on  the  second  Tuesday  of  December,  and  the  munici- 
pal year  shall  begin  at  ten  o'clock  in  the  forenoon  of  the  first 
Monday  in  January,  and  shall  continue  until  ten  o'clock  in 
the  forenoon  of  the  first  Monday  of  the  following  January. 
Every  special  election  shall  be  held  on  a  Tuesday. 

Section  C.  In  the  year  nineteen  hundred  and  eleven  and 
in  every  second  year  thereafter  there  shall  be  elected  at  the 
annual  election  of  said  city,  the  maj'or,  two  aldermen  and 
two  members  of  the  school  committee  for  the  term  of  two 
municipal  years  next  following  their  respective  elections. 
There  shall  also  be  elected  at  said  annual  city  election  in  the 
year  nineteen  hundred  and  eleven  two  aldermen  and  two 
members  of  the  school  committee  for  the  municipal  year  next 
following  the  said  election.  In  the  year  nineteen  hundred 
and  twelve,  and  every  second  year  thereafter,  there  shall 
be  elected  at  the  annual  city  election  two  aldermen  and  two 
members  of  the  school  committee,  each  for  the  two  miinici})al 
years  next  following  his  election.  E.xcept  as  aforesaid,  ami 
as  otherwise  provided  in  this  act,  no  city  officer  shall  be 
elected  at  any  city  election.  The  above  officers  may  be 
residents  of  any  part  of  said  city. 

Section  7.  On  the  third  Tuesday  preceding  every  annual 
or  special  city  election  at  which  any  officer  mentioned  in 
section  four  is  to  be  elected  there  shall  be  held  a  ])reliminary 
election  for  the  purpose  of  nominating  candidates  for  such 
offices,  as  under  the  provisions  of  this  act,  or  of  any  act  in 
amendment  thereof  or  in  addition  thereto,  are  to  bo  filled  at 


Acts,  1911.  — Chap.  621.  — Part  II.  663 

such  annual  or  special  election.  The  notice  calling  for  the 
preliminary  election  shall  be  issued  at  least  forty  days  before 
the  date  of  the  city  election.  No  special  election  for  mayor 
or  an  alderman  shall  be  held  until  after  the  expiration  of 
forty  days  from  the  calling  of  the  preliminary  election,  which 
under  the  provisions  of  this  act  is  to  be  held  on  the  third 
Tuesday  preceding  such  special  election. 

Section  8.  At  every  preliminary  election  the  polls  shall  Tt^HeHmmary 
be  opened  at  six  o'clock  in  the  forenoon  and  shall  not  be  closed  elections. 
before  four  o'clock  in  the  afternoon,  and,  except  as  is  other- 
wise provided  in  this  act,  every  such  preliminary  election 
shall  be  called  by  the  same  officers  and  held  in  the  same  man- 
ner as  an  annual  city  election.  The  polling  places  shall  be 
designated,  provided  and  furnished,  and  official  ballots,  spe- 
cial ballots,  ballot  boxes,  voting  lists,  specimen  ballots,  blank 
forms,  apparatus  and  supplies  shall  be  provided  for  every 
such  preliminary  election,  of  the  same  number  and  kind  and 
in  the  same  manner  as  at  an  annual  city  election,  and  the 
same  election  officers  shall  officiate  as  at  an  annual  city  elec- 
tion. 

Section  9.     Except  as  provided  in   section   sixty-three,  Names  of 
there  shall  not  be  printed  on  the  official  ballots  to  be  used  nomhla^edat 
at  any  annual  or  special  city  election  of  said  city  the  name  e"e'e\'i™nrt7 
of  any  person  as  a  candidate  for  mayor,  alderman  or  member  ^^  ^^^^^^^^ 
of  the  school  committee,  unless  such  person  shall  have  been 
nominated  for  the  office  at  a  preliminary  election  held  as 
provided  in  this  charter.     There  shall  not  be  printed  on  the 
official  ballots  to  be  used  at  a  preliminary  election  the  name 
of  any  person  as  a  candidate  for  nomination  unless  such  per- 
son shall  have  filed,  within  the  time  set  forth  in  section  ten 
of  this  charter,   the  statement  of  the  candidate  and  the 
petition  described  in  said  section  ten.     Beginning  with  the 
current  year,  political  committees  in  the  city  of  Lawrence 
shall  be  elected  at  the  state  primaries  instead  of  at  the  munici- 
pal primaries. 

Section  10.  Any  person  eligible  for  any  elective  office  Persons 
for  which  provision  is  made  herein  may  have  his  name  printed  have  thlir* 
as  a  candidate  for  that  office  on  the  official  ballots  to  be  used  prhJfed  on 
at  a  preliminary  election,  provided  that  he  shall,  at  least  ten  ^|j,'i,°{'^*t^''' 
days  before  the  preliminary  election,  file  with  the  city  clerk  file  a  state- 
a  statement  in  writing  of  his  candidacy,  in  substantially  the  candidacy, 
following  form:  — 


G64 


Acts,  1911.  — Ciiap.  621.  — Pakt  II. 


Form  of 
statement. 


STATEMENT   OF  CANDIDATE. 

I,  on  oath  declare  that  I  reside  at  No. 

street,  in  the  city  of  Lawrence;  that  I  am  a  voter 
in  said  city  registered  to  vote  for  a  candi(hite  for  the  office 
hereinafter  named;  that  I  am  a  candichite  for  nomination  for 
the  office  of  for  the  term  of  years,  to 

be  votefl  for  at  the  preHminary  election  to  be  held  on  Tues- 
day, the  day  of  ,  19       ;  and  I  request 
that  my  name  be  printed  as  a  candidate  for  that  office  on  the 
official  ballots  to  be  used  at  the  preliminary  election. 
(Signed) 


Petition  to 
be  filed. 


COMMONWEALTH    OF    MASSACHUSETTS. 

Essex,  ss. 

Subscribed  and  sworn  to  this  day  of 

19       ,  before  me, 

Justice  of  the  Peace. 
(or  Notary  Public) 
and  provided  that  he  shall  at  the  same  time  file  therewith  a 
petition  of  at  least  twenty-five  registered  voters  of  the  city, 
qualified  to  vote  for  a  candidate  for  said  oflfice,  which  peti- 
tion shall  be  in  substantially  the  following  form:  — 


Form  of 
petition. 


No  aeeept- 

unce 

necessary. 


PETITION    ACCOMPANYING    STATEMENT    OF    CANDIDATE. 

Whereas  is  a  candidate  for  nomination  for  the 

office  of  for  the  term  of  years,  we,  the  under- 

signed voters  of  the  city  of  Lawrence,  duly  registered  and 
qualified  to  vote  for  a  candidate  for  that  office,  do  hereby 
request  that  the  name  of  said  be  printed  on  the 

official  ballots  to  be  used  at  the  preliminary  election  to  be 
h(>ld  on  the  Tuesday  of  ,  19       . 

We  further  state  that  we  believe  him  to  be  of  good  moral 
character,  and  qualified  to  i)erform  the  duties  of  the  office. 

street,  if  :uu-. 


Name  of  voters. 


Street  No. 


No  acceptance  by  a  candidate  for  nomination  named  in 
the  petition  shall  be  necessary  for  its  validity  or  for  its  filing, 
and  the  petition  need  not  be  sworn  to. 


Inatim.rnT'  Section  11.     Ou  thc  first  day,  not  being  Sunday  or  a 

b<Mniijiished,     l(>^;il  iiolidav,  following  tlic  oxpiratiou  of  thc  time  for  filing 

the  above  describcil  statements  and  petitions,  the  city  clerk 


Acts,  1911.  —  Ciiai>.  G21.  — Part  II.  m5 

shall  cause  to  be  published  in  one  or  more  daily  newspapers 
published  in  the  city  the  names  and  residences  of  the  candi- 
dates for  nomination  who  have  duly  filed  the  above  mentioned 
statements  and  petitions,  and  the  offices  and  terms  for  which 
they  are  candidates  for  nomination,  as  they  are  to  appear 
on  the  official  ballots  to  be  used  at  the  preliminary  election. 
The  city  clerk  shall  thereupon  prepare  the  ballots  to  be  used 
at  such  preliminary  election,  and  shall  cause  them  to  be 
printed,  and  the  ballots  so  prepared  shall  be  the  official 
ballots  and  the  only  ballots  usetl  at  the  preliminary  election. 
They  shall  be  headed  as  follows:  — 

OFFICIAL   PRELIMINARY   BALLOT. 


Candidates   for   nomination   for   Mayor,    Alderman   and  offi':''i! 

Ti  I'f*  1 1  111  1 11  T.T'V 

School  Committee  of  the  City  of  Lawrence.     At  a  Prelimi-  baiiot. 
nary  Election  for  Nomination  Held  on  the  Day 

of  in  the  Year  Nineteen  Hundred  and 

(The  heading  shall  be  varied  in  accordance  with  the  offices 
for  which  nominations  are  to  be  made.) 

Section  12.  The  name  of  every  person  who  has  filed  a  Names  to  be 
statement  and  petition  as  aforesaid,  and  his  residence  and  baiioti'lt°c'! 
the  title  and  term  of  the  office  for  which  he  is  a  candidate, 
shall  be  printed  on  said  ballots,  and  the  names  of  no  other 
candidates  shall  be  printed  thereon.  Ballots  for  use  at  the 
said  election  and  for  use  by  women  qualified  to  vote  for 
members  of  the  school  committee  shall  be  prepared  and  fur- 
nished in  the  manner  now  provided  by  law. 

PARTY   DESIGNATIONS   ABOLISHED. 

Section  13.     No  ballots  used  at  any  annual  or  special  no  party 

,         .  !•      •  1         •  1      11     1  designation 

city   election,   or   at   any   preliminary   election,   snail   nave  to  be  used 
printed  thereon  any  party  or  political  designation  or  mark, 
and  there  shall  not  be  appended  to  the  name  of  any  candi- 
date any  party  or  political  designation  or  mark,  or  anything 
showing  how  he  was  nominated,  or  indicating  his  views  or 
opinions.     On  all  ballots  to  be  used  at  annual  or  special  city  Blank  spaces 
elections,  or  at  preliminary  elections,  blank  spaces  shall  be  t"*^®'®^'- 
left  at  the  end  of  each  list  of  candidates  for  the  different 
offices  equal  to  the  number  to  be  elected  thereto,  in  which 
the  voter  may  insert  the  name  of  any  person  not  printed  on 
the  ballot  for  whom  he  desires  to  vote  for  such  office,  provided 
that  such  person  is  eligible  for  that  office. 


G66 


Acts,  1911.  — Chap.  621.  — Pakt  II. 


Qualifica- 
tions, etc. 


Counting  of 
ballots,  etc. 


City  clerk 
to  canvass 
returns,  etc. 


Section  14.  The  qualifications  for  voting  at  a  prelimi- 
nary election  shall  be  the  same  as  the  qualifications  for  vot- 
ing at  a  city  election. 

Section  15.  The  election  officers  shall,  immediately  upon 
the  closing  of  the  polls  at  preliminary  elections,  count  the 
ballots  and  ascertain  the  number  of  votes  cast  in  the  polling 
places  where  they  respectively  officiate  for  each  person  for 
nomination  for  the  office  for  which  he  was  a  candidate,  and 
they  shall  forthwith  make  returns  thereof  to  the  city  clerk 
upon  blank  forms  to  be  furnished  to  them,  as  in  city  elec- 
tions. 

Section  16.  On  the  first  day,  not  being  Sunday  or  a 
legal  holiday,  following  the  preliminary  election,  the  city 
clerk  shall  canvass  said  returns  so  received  from  the  election 
officers,  shall  forthwith  determine  the  results  of  the  canvass, 
and  shall  forthwith  cause  the  same  to  be  published  in  one 
or  more  daily  newspapers  of  said  city. 


Candidates 
whose  names 
shall  l)e 
[irinti  d  on 
ollicial  bal- 
lots, etc. 


nominations. 

Section  17.  The  two  persons  receiving  at  a  preliminary 
election  the  highest  and  second  highest  number  of  votes, 
respectively,  for  any  office  shall  be  the  candidates  whose 
names  shall  be  printed  on  the  official  ballots  to  be  used  at 
the  annual  or  special  city  election  for  which  the  preliminary 
election  was  held,  except  that  in  case  two  or  more  persons 
receive  the  same  number  of  votes  and  more  votes  than  any 
other  person  for  the  same  office,  then  such  persons  shall  be 
the  candidates  as  aforesaid  whose  names  shall  be  printed  on 
the  official  ballots.  If  two  or  more  persons  are  to  be  elected 
to  the  same  oflfice  at  an  annual  or  special  city  election,  the 
several  persons,  to  a  number  equal  to  twice  the  number  so 
to  be  elected  to  that  office,  receiving  at  said  preliminary  elec- 
tion the  highest  number  of  votes,  the  second  highest  number 
of  votes,  and  so  on  to  the  number  to  be  nominated,  shall  be 
the  candidates  whose  names  shall  be  printed  on  the  official 
ballots  to  be  used  at  such  annual  or  special  city  election. 
If,  in  order  to  obtain  the  requisite  number  of  candidates  for 
any  office  it  becomes  necessary  to  take  one  of  two  or  more 
persons  having  the  same  number  of  votes  for  the  same  office, 
then  the  names  of  all  the  aforesaid  ])ersons  having  the  same 
number  of  votes  for  that  office  shall  be  printed  on  the  official 
ballot  to  be  used  at  such  annual  or  special  city  election,  to- 
gether with  the  names  of  all  persons,  if  any,  receiving  the 


Acts,  1911.  —  CnAr.  621.  —  Part  II.  6G7 

higher  number  of  votes  for  that  office,  even  though  it  makes 
the  number  of  candidates  more  than  twice  the  number  to 
be  chosen  to  the  office.  No  names  of  candidates  shall  be 
printed  on  the  official  ballots  except  as  provided  in  this  sec- 
tion and  in  section  sixty-three. 

Section  18.  No  acceptance  of  a  nomination  made  at  a  Noaccept- 
preliminary  election  shall  be  necessary  for  the  validity  of  the  necessary. 
nomination. 

ELECTIONS. 

Section  19.     At  a  city  election,  other  than  the  above  Persons 
described    preliminary    election,    the    person    receiving   the  h^gh^snunif- 
highest  number  of  votes  for  an  office  shall  be  deemed  and  I'o bodeemed 
declared  elected  to  that  office,  and  if  two  or  more  persons  *?  '\^  ,    . 

1111  mi  1  elected,  etc. 

are  to  be  elected  to  the  same  office,  the  several  persons  re- 
ceiving, respectively,  the  highest  number  of  votes,  the  second 
highest,  and  so  on  to  the  number  to  be  chosen  to  the  office, 
shall  be  deemed  and  declared  to  be  elected;  but  persons 
receiving  the  same  number  of  votes  shall  not  be  deemed  to 
be  elected  if  thereby  a  greater  number  would  be  elected  than 
are  by  law  to  be  chosen. 

Section  20.  The  laws  of  the  commonwealth  relating  to  Provisions  of 
annual  city  elections,  special  elections  of  city  officers,  special  "^^  ^°  ^^^  ^' 
elections  in  cities,  election  officers,  voting  places  for  elections, 
election  apparatus  and  blanks,  calling  and  conduct  of  elec- 
tions, manner  of  voting  at  elections,  counting  and  recount- 
ing of  votes  at  elections,  corrupt  practices  and  penalties,  shall 
apply  to  all  elections  under  this  act,  including  preliminary 
elections,  except  as  is  otherwise  provided  herein. 


general  meetings  of  voters. 

Section  21.  General  meetings  of  the  registered  voters  General 
of  the  city  shall  be  called  by  the  city  council  upon  petition  vo'teVs!^^  °^ 
of  at  least  five  hundred  of  said  voters,  which  petition  shall 
state  the  purpose  or  purposes  of  the  meeting.  The  meeting 
shall  be  held  not  later  than  three  weeks  after  the  filing  of 
the  petition,  and  notice  thereof  shall  be  given  by  the  city 
council  on  the  front  page  of  at  least  one  daily  newspaper 
of  the  city,  not  less  than  three  times  within  two  weeks  after 
the  filing  of  the  petition.  A  presiding  officer  for  the  meeting 
shall  be  chosen  by  those  present  from  the  signers  of  the 
petition,  and  the  city  clerk  shall  act  as  clerk  of  the  said 
meeting,  and  shall  keep  a  complete  record  of  the  proceedings. 


GG8 


Acts,  1911.  —  Chap.  621.  —  Pakt  II. 


Oath  to  be 
adininistprcd 
1(1  persons 
called  upon 
to  testify. 


Provisions  of 
liiw  to  apply. 


If  SO  requested  in  the  petition  or  demanded  at  the  meeting, 
any  city  officer  or  officers,  whether  chosen  by  the  registered 
voters  of  the  city  or  by  the  city  council,  shall  attend  the  meet- 
ing, and,  if  called  upon  so  to  do,  shall  place  before  the  meet- 
ing any  facts,  documents,  or  other  information  relative  to 
the  subject-matter  of  the  petition. 

The  city  clerk  or  justice  of  the  peace  shall  administer  an 
oath  to  any  persons  called  upon  to  testify  before  the  meeting, 
as  aforesaid,  including  any  city  officers,  whose  presence 
has  been  requested  or  demanded,  and  any  person  so  placed 
under  oath  who  wilfully  gives  false  testimony  before  the 
meeting  upon  any  point  material  to  the  matter  of  inquiry 
shall  be  guilty  of  perjury  and  shall  be  subject  to  the  pro- 
visions of  chapter  tw^o  hundred  and  ten  of  the  Revised 
Laws  and  any  amendments  thereof.  But  no  person  shall 
be  required  to  give  testimony  tending  to  incriminate  himself. 

The  provisions  of  sections  eight  and  nine  of  chapter  one 
hundred  and  seventy-five  of  the  Revised  Laws,  and  any 
amendments  thereof,  shall  be  applicable  to  the  conduct 
of  the  said  meeting.  The  meeting  may  be  adjourned  from 
time  to  time  upon  vote  of  those  present.  A  copy  of  the 
record  of  the  meeting  and  of  any  adjoiu'nment  thereof  shall 
be  transmitted  by  the  city  clerk  to  the  city  council  at  its 
next  meeting. 


Abolishment 
of  present 
government. 


Powers  and 
diilies  to  de- 
volve upon 
the  city 
council,  etc. 


Ponrd  of 
assessors  to 
become  an 
appiiJMlivc 
board. 


ABOLISHMENT   OF   PRESENT   GOVERNMENT. 

Section  22.  At  ten  o'clock  in  the  forenoon  of  the  first 
Monday  of  January  in  the  year  nineteen  hundred  and 
twelve  the  city  council,  board  of  mayor  and  aldermen, 
board  of  aldermen  and  common  council,  board  of  engineers 
of  the  fire  department,  and  the  water  board  shall  be  abol- 
ished, the  terms  of  office  which  the  present  mayor,  aldermen, 
common  councilmen,  members  of  the  school  committee, 
board  of  engineers  of  the  fire  department  and  water  board 
are  now  serving  shall  terminate,  and,  except  as  is  other- 
wise provided  in  this  act,  all  the  present  powers  and  duties 
under  any  general  or  special  acts,  of  the  mayor,  board  of 
mayor  and  aldermen,  board  of  aldermen,  city  coinicil,  com- 
mon council,  board  of  engineers  of  the  fire  dej)artnient, 
and  water  board  shall  devolve  u]wn  and  be  exercised  and 
performed  by  the  city  council,  which  shall  be  elected  accord- 
ing to  the  provisions  of  this  act.  At  the  aforesaid  time 
the  board  of  assessors  shall  become  an  ajipointixe  board, 
and  shall  be  subject  to  all  the  provisions  of  this  act  relative 


Acts,  1911.  —  Chap.  G2  1 .  —  Paiit  II.  6G9 

to  appointive  boards.     The  city  council  shall  be  the  judge 
of  the  election  of  its  own  members. 

Section  23.  The  city  council,  elected  as  aforesaid,  shall  ^/^ft^J"'*"*"' 
meet  at  ten  o'clock  in  the  forenoon  on  the  first  Monday  council. 
of  January  in  each  year,  and  the  members  of  the  city  council 
whose  terms  of  office  then  begin  shall  severally  make  oath 
before  the  city  clerk,  or  a  justice  of  the  peace,  to  perform 
faithfully  the  duties  of  their  respective  offices.  The  city 
council  shall  thereupon  be  organized  by  the  choice  of  a  presi- 
dent, who  shall  be  called  the  president  of  the  city  council 
and  shall  hold  his  office  during  its  pleasure.  The  president 
of  the  city  council  shall  be  some  member  thereof  other  than 
the  mayor.  The  organization  of  the  city  council  shall  take 
place  as  aforesaid,  notwithstanding  the  absence,  death, 
refusal  to  serve,  or  non-election  of  the  mayor,  or  of  one  or 
more  of  the  four  other  members:  yromded,  that  at  least  Proviso. 
three  of  the  persons  entitled  to  be  members  of  the  city 
council  are  present  and  make  oath  as  aforesaid.  Any  person 
entitled  to  make  the  aforesaid  oath  who  was  not  present 
at  the  time  fixed  therefor  may  make  oath  at  any  time  there- 
after. 

MEETINGS   OF  CITY  COUNCIL. 

Section  24.  The  city  council  shall  fix  suitable  times  Meetings  of 
for  its  regular  meetings.  The  mayor,  the  president  of  the  "^'^y  <'<'"'i<=''- 
city  council,  or  any  two  members  thereof,  may,  at  any 
time,  call  a  special  meeting,  by  causing  a  written  notice, 
stating  the  time  of  holding  the  meeting  and  signed  by  the 
person  or  persons  calling  the  same,  to  be  delivered  in  hand 
to  each  member,  or  left  at  his  usual  dwelling  place,  at  least 
six  hours  before  the  time  of  the  meeting.  Meetings  of  the 
city  council  may  also  be  held  at  any  time  when  all  the  mem- 
bers are  present  and  consent  thereto. 

Section  25.     A   majority   of  the   members   of  the   city  Quorum, 
council  shall  constitute  a  quorum.     Its  meetings  shall  be  Meetings  to 
public,  and  the  mayor,  if  present,  shall  preside  and  shall  '^^p'^'^'"'- 
have  the  right  to  vote.     In  the  absence  of  the  mayor,  the 
president  of  the  city  council  shall  preside,  and  in  the  absence 
of  both,  a  chairman  pro  tempore  shall  be  chosen.     The  city 
clerk  shall  be,  ex  officio,  clerk  of  the  city  council  and  shall 
keep  the  records  of  its  proceedings.     All  votes  of  the  mem- 
bers of  the  city  council  shall  be  by  yeas  and  nays  and  shall 
be  entered  upon  the  records.     The  affirmative  votes  of  at 
least  three  members  shall  be  necessary  for  the  passage  of 
any  order,  ordinance,  resolution  or  vote. 


G70 


Acts,  1911.  — Ciiap.  021.  — Part  II. 


Powers  of 
the  city 
council. 


To  have 
supervision 
of  the  erec- 
tion, etc.,  of 
public  Ijuild- 
ings,  etc. 


Management 
and  control 
of  the  public 
library. 


POWERS   OF  CITY  COUNCIL. 

Section  26.  The  city  council  shall  have  the  power  to 
do,  except  as  is  otherwise  provided  in  this  act,  without  the 
approval  of  the  mayor,  all  things  which  the  city  council, 
board  of  aldermen,  common  council,  hoard  of  engineers 
of  the  fire  department,  and  water  board  are  now  empowered 
to  do  with  such  approval.  The  city  council  shall  determine 
the  policy  to  be  pursued  and  the  work  to  be  undertaken 
in  each  department,  but  each  member  of  the  city  council 
shall  have  full  power  to  carry  out  the  policy  or  have  the 
W'ork  performed  in  his  department,  as  directed  by  the  city 
council.  Any  notes,  bonds  or  scrip  which  the  city  is  au- 
thorized to  issue  shall  be  signed  by  its  treasurer  and  counter- 
signed by  a  majority  of  the  city  council. 

Section  27.  The  city  council  shall  have  full  supervision 
of  the  erection,  alteration  and  repair  of  all  public  buildings, 
including  school  buildings.  No  department  of  the  city,  and 
no  corporation  or  persons,  shall  at  any  time  open,  dig  up  or 
otherwise  obstruct  any  way  or  sidewalk  without  the  consent 
of  the  city  council  in  writing,  previously  obtained,  except 
in  case  of  an  emergency. 

Section  28.  The  public  library  of  the  city  shall  be 
under  the  management  and  control  of  a  board  of  trustees 
to  consist  of  the  mayor,  three  trustees  of  the  White  Fund, 
these  four  to  be  members  ex  officio,  and  five  citizens  to  be 
elected  by  the  city  council.  The  said  board  shall  report 
to  the  city  council  annually  in  the  month  of  January,  stating 
the  condition  of  the  library,  the  number  of  books  that  have 
been  added  during  the  past  year,  with  an  account  of  all 
receipts  and  expejiditures  and  such  other  information  as 
they  may  deem  important.  All  moneys  received  by  the 
city  from  the  county  on  account  of  dog  licenses  shall  annu- 
ally be  appropriated  for  the  increase  of  the  library. 


Orders,  etc., 
appropriat- 
ing mone.v 
in  excess  of 
a  certain 
amount  to  be 
pulilishcd, 
etc. 


PUBLICITY   FOR   CONTRACTS. 

Section  29.  Neither  the  city  council  nor  the  school 
committee  shall  make  or  pass  any  order,  resolution  or  vote 
appropriating  money  in  excess  of  five  hundred  dollars,  or 
making  or  authorizing  the  making  of  any  contract  involv- 
ing a  liability  on  the  part  of  the  city  in  excess  of  five  hundred 
dollars,  unless  the  same  is  proposed  in  writing  and  iu)tice 
is  given  by  the  city  clerk  in  at  least  one  daily  newsi)aj)er 


Acts,  1911.  — CnAr.  G21.  — Pakt  II.  671 


of  tlie  city,  not  less  than  one  week  before  its  passage,  except 
an  order,  resolution  or  vote  for  the  immediate  preservation 
of  the  public  i)eace,  health  or  safety,  which  contains  a  state- 
ment of  its  urgency  and  is  passed  by  a  four  fifths  vote,  and 
such  notice  shall  be  given  as  aforesaid  upon  the  request  of 
the  city  council  or  of  the  school  committee. 

Section  30.     When    the    city    council    shall    pass    any  when 
measure,  or  an  amendment  or  repeal  of  any  measure,  the  pTssed'^^Lii 
measure,  amendment  or  repeal  so  passed  shall,  except  as  t^^^e  effect. 
is  otherwise    provided  in   this  charter,   take  effect  at   the 
expiration  of  ten  days  after  its  passage:    yrovided,  however,  Proviso, 
that  if  there  be  a  time  therein  specified  when  it  shall  take 
effect,  and  such  time  be  more  than  ten  days  after  its  pas- 
sage, such  measure,  amendment  or  repeal  shall,  except  as  is 
otherwise  provided  in  this  charter,  take  effect  at  the  time  so 
specified  therein. 

Section  31.     No    measure   passed    by   the   city    council  f^pprovaiof 

,  ,  •  1      1    •  1  •  1      1 1  •  "^®  court  or 

or  by  the  voters,  as  provided  m  this  act,  shall  require  the  attorney- 
approval  of  any  court  or  of  the  attorney-general,  or  shall  required." 
be  required  to  be  published  in  order  to  become  effective, 
unless  otherwise  provided  in  this  act. 

Section  32.     Upon  vote  of  the  city  council  the  mayor  Execution  of 
shall  sign,  seal,  execute  and  deliver  in  behalf  of  the  city    ^'^  ^'  *^  ^' 
deeds  and  leases  of  lands  sold  or  leased  by  the  city,  and 
other    deeds,    agreements,     contracts,     leases,     indentures, 
assurances  and  instruments  in  behalf  of  the  city,   except 
as  is  otherwise  provided  herein. 

Section  33.     The  mayor  shall  have  no  power  of  veto,  Mayor  to 
and  no  measure  which  the  city  council  shall  make  or  pass  power  of 
shall  be  presented  to  him  for,  or  shall  require,  his  approval  ''^^^- 
in  order  to  be  effective. 

.  Section  34.     Each  of  the  five  directors  provided  for  In  Directors  to 
section  forty-one  of  this  charter  shall  annually  submit  to  annual  esti- 
the  city  council  in  the  month  of  January  detailed  estimates  penles?etc! 
of  the  amounts  deemed  necessary  for  his  department  for  the 
financial  year  which  shall  begin  on  the  first  day  of  January. 
No  sum  appropriated  for  a  specific  purpose  shall  be  expended 
for  any  other  purpose,  and  no  expenditure  shall  be  made  or 
liability  incurred  by  or  in  behalf  of  the  city  until  the  city 
council  has  duly  voted  an  appropriation  sufficient  to  meet 
such  expenditure  or  liability,  together  with  all  prior  unpaid 
liabilities  which  are  payable  from  said  appropriation,  except 
that  after  the  expiration  of  the  financial  year  and  before 
the  fifteenth  day  of  March,  upon  vote  of  the  city  council, 


672  Acts,  1911.  — Chap.  621.  — Taet  II. 

liabilities  payable  out  of  the  regular  appropriation  may 
be  incurred  to  an  amount  not  exceeding  one  fifth  of  the 
total  appropriation  made  for  similar  purposes  in  the  pre- 
ceding year.  At  any  time,  the  unexpended  balance  of  any 
sum  appropriated  for  a  specific  purpose,  not  further  required 
for  that  purpose,  may  be  transferred  to  another  account 
by  vote  of  the  city  council,  but  no  money  raised  by  loan 
shall  be  transferred  to  any  appropriation  from  income  or 
taxes.  Nothing  herein  contained  shall  be  taken  to  prohibit 
the  payment  at  any  time  of  executions  against  the  city. 
Expendi-  Section  35.     No  officer  of  said  city,  except  in  case  of 

turus  not  to  •  i     •  i         i         i    i  j>  pi 

oxceedap  cxtrcmc  cmergeucy  mvolvmg  the  health  or  safety  of  the 
except,'  etc.  '  people  or  their  property,  shall  expend  in  any  fiscal  year  any 
sum  in  excess  of  the  appropriation  therefor  duly  made  in 
accordance  with  law,  and  any  officer  who  violates  this 
provision  shall  be  punished  by  a  fine  not  exceeding  one 
thousand  dollars,  or  by  imprisonment  for  not  more  than 
one  year,  or  by  both  such  fine  and  imprisonment. 


MONTHLY   STATEMENTS. 

Tho  director         SECTION  36.     The  director  of  finance  shall  each  month 

of  finance  .  ,  i  i  p  i  m      i     •  •        i 

to  make  liavc  pmitcd  m  pamphlet  form  a  detailed  itemized  state- 

statements,  ment  of  all  cash  receipts  and  expenditures  of  the  city  during 
the  preceding  month,  and  of  all  bills  and  accounts  owed  by 
the  city  at  the  end  of  the  preceding  month,  in  such  a  man- 
ner as  to  show  the  gross  monthly  revenue  and  expense  of 
each  department,  and  shall  furnish  copies  thereof  to  all 
heads  of  departments,  to  the  public  library,  to  the  daily 
newspapers  published  in  said  city,  and  to  persons  who  shall 
apply  therefor  at  the  office  of  the  city  clerk.  At  the  end 
of  the  municipal  year  he  shall  cause  a  complete  examination 
of  all  books  and  accounts  of  the  city  to  be  made  by  com- 
petent accountants,  and  shall  publish  the  result  of  the 
examination  in  the  manner  above  provided  for  the  i)iiblica- 
tion  of  monthly  statements.  The  provisions  of  this  section 
shall  apply  to  the  school  department  of  the  city,  and  the 
school  committee  shall  furnish  the  director  of  finance  with 
such  information,  facts,  figures  and  data  as  may  be  neces- 
sary to  carry  out  the  provisions  of  this  section  so  far  as  it 
applies  to  the  school  department. 


Acts,  11)11.  — Chap.  G21.  — Pakt  II.  673 


CRIMINAL   OFFENCE  TO   PARTICIPATE   IN   CONTRACTS. 

Section  37.     It  shall  he  unlawful  for  any  member  of  the  officers  or 
city  council  or  school  committee,  or  for  any  officer  or  cm-  the  city'not 
ployee  of  the  city,  directly  or  indirectly  to  make  a  contract  p^'atlfin*^*' 
expressed  or  implied  with  the  city,  or  to  receive  any  com-  contracts, 
mission,  wages,  discount,  bonus,  gift,  contribution  or  reward 
from,  or  any  share  in  the  profits  of,  any  person  or  corporation 
making  or  performing  such  a  contract.     No  funds  of  the  city 
of  Lawrence  shall  be  deposited  in  any  bank  or  trust  company 
of  which  the  city  treasurer  or  the  treasurer  of  the  sinking  fund 
or  any  sinking  fund  commissioner  is  an  officer,  agent  or  stock- 
holder.    A  violation  of  any  provision  of  this  section  shall 
render  the  contract  in  respect  to  which  such  violation  occurs 
voidable  at  the  option  of  the  city.     Any  person  violating 
any  provision  of  this  section  shall  be  punished  by  a  fine  of 
not  more  than  one  thousand  dollars  or  by  imprisonment  for 
not  more  than  one  year,  or  by  both  such  fine  and  imprison- 
ment. 

ADMINISTRATIVE   OFFICERS. 

Section  3S.  There  shall  be  the  following  administrative  Adminis- 
officers  who  shall  perform  the  duties  prescribed  by  law  for  offices. 
them,  respectively,  and  such  further  duties,  not  inconsistent 
with  the  nature  of  their  respective  offices,  and  with  general 
law,  as  the  city  council  may  prescribe,  except  as  is  otherwise 
provided  herein:  a  city  clerk,  -a  city  treasurer,  a  collector  of 
taxes,  a  city  auditor,  a  purchasing  agent,  a  board  of  overseers 
of  the  poor  consisting  of  five  persons,  a  city  engineer,  a  city 
physician,  a  board  of  health  consisting  of  three  persons,  of 
whom  the  city  physician  shall  be  one,  a  city  solicitor,  a  board 
of  park  commissioners  consisting  of  five  persons,  a  board  of 
sinking  fund  commissioners  consisting  of  three  persons,  a 
board  of  assessors  consisting  of  three  persons,  a  board  of 
trustees  of  the  public  library  consisting  of  nine  persons,  as 
provided  in  section  twenty-eight  of  this  chapter,  and  a  board 
of  cemetery  directors  consisting  of  five  persons  as  hereinafter 
provided.  The  mayor  shall  be,  ex  officio,  chairman  and  a 
member  of  the  board  of  overseers  of  the  poor. 

Section  39.  The  board  of  cemetery  directors  shall  con-  Board  of 
sist  of  five  persons,  who  shall  be  citizens  of  Lawrence,  elected  di^ctoil, 
by  the  city  council  from  the  lot  owners  of  the  cemetery,  election,  etc. 


G74: 


Acts,  1911.  — Chap.  G21.  — Paut  XL 


They  shall  have  general  supervision,  control  and  manage- 
ment of  the  cemetery,  except  as  may  otherwise  be  provided 
by  law  or  by  city  ordinance. 


Adminis- 
trative de- 
partmeuts. 


Department 
of  finance, 
etc. 


Department 
of  engineer- 
ing. 


Department 
of  public 
safety. 


Department 
of  |)iiblic 
property. 


Department 
of  public 
health,  etc. 


Officials  and 
boards,  ex- 
cept tlie 
school  com- 
mitti'(>,  to  be 
included  in 
the  five 
departments. 


DEPARTMENTS. 

Section  40.  The  administration  of  all  affairs  of  the  city 
shall  be  divided  into  five  departments,  to  wit:  —  depart- 
ment of  finance  and  public  affairs,  department  of  engineering, 
department  of  public  safety,  department  of  public  property, 
and  department  of  public  health  and  charities:  — 

The  department  of  finance  and  public  affairs  shall  include 
the  following  sub-flepartments  and  all  boards  and  offices 
connected  therewith,  to  wit:  treasury,  auditing,  purchasing, 
assessing,  sinking  funds,  tax  collection,  claims,  registration 
of  voters,  city  clerk  and  legal. 

The  department  of  engineering  shall  include  the  following 
sub-departments  and  all  boards  and  offices  connected  there- 
with, to  wit:  highways  and  other  ways,  street  watering, 
sewers  and  drains,  water  and  water  works,  bridges  and  en- 
gineering. The  alderman  having  charge  of  this  department, 
except  as  herein  otherwise  provided,  shall  have  exclusively 
the  powers  of,  and  be  subject  to  the  liabilities  and  penalties 
imposed  by  law  on,  surveyors  of  highways. 

The  department  of  public  safety  shall  include  the  following 
sub-departments  and  all  boards  and  offices  connected  there- 
with, to  wit :  police,  fire,  lighting,  wiring,  weights  and  meas- 
ures and  conduits. 

The  department  of  public  property  shall  include  the  fol- 
lowing sub-departments  and  all  boards  and  offices  connected 
therewith,  to  wit:  buildings,  parks  and  public  grounds. 

The  department  of  public  health  and  charities  shall  in- 
clude the  following  sub-departments  and  all  boards  and 
offices  connected  therewith,  to  wit:  health,  city  physician, 
poor  and  public  hospitals. 

Every  official  or  board  having  to  do  with  the  affairs  of  the 
city,  with  the  exception  of  such  as  pertain  to  the  sclu)ol  com- 
mittee, shall  be  included  in  one  of  the  above  five  doi:)art- 
ments,  and  if  the  assignment  to  a  department  is  not  made 
hereunder,  the  city  council  shall  by  ordinance  assign  such 
office,  offices,  board  or  boards  to  the  department  best 
adajited  to  include  the  same.  Every  such  official  or  board 
shall  be  subject  to  the  rules,  regulations  and  orders  of  the 
member  of   the  city  council  in  charge  of  his  department. 


Acts,  1911.  — Ch.vp.  021.  — Part  II.  675 

except  as  otherwise  provided  in  this  chapter,  by  the  general 
laws  or  by  ordinances  of  the  city  council. 

Section  41.     The  mayor  shall  be  director  of  the  depart-  Powers  of 
ment  of  finance  and  public  affairs  and  chairman,  ex  officio,  and  the  city 
of  the  school  committee ;  and  the  city  council  shall,  at  the  '^""'^'^'  • 
first  regular  meeting  after  the  election  of  its  members,  des- 
ignate by  majority  vote  one  alderman  to  be  director  of  the 
department  of  engineering;  one  to  be  director  of  the  depart- 
ment of  public  safety;  one  to  be  director  of  the  department 
of  public  property,  and  one  to  be  director  of  the  department 
of  public  health  and  charities.     Each  member  of  the  city 
council  shall  manage  the  department  over  which  he  shall  be 
appointed  director,  subject,  however,  to  the  supervision  and 
control  of  a  majority  of  the  members  of  the  city  council, 
acting  jointly,  except  as  otherwise  provided  in  this  act. 

The  city  council  may  by  a  four  fifths  vote,  when  they  Powers  of 
deem  it  necessary  for  the  interests  of  the  city,  change  or  mTy  be"*"^'^ 
alter  the  distribution  of  the  executive  and  administrative  etc!"^'^'^' 
powers,   authorities   and   duties   among  the  aforesaid   five 
general  departments :  provided,  however,  that  any  such  powers,  Proviso, 
authorities  or  duties  pertaining  to  matters  of  finance  shall 
always  remain  under  the  direction  of  the  mayor. 

The  council  may  also  remove  a  director,  except  the  mayor,  Removal. 
from  the  supervision  of  one  general  department,  and  place 
him  over  another;  but  it  shall  not  increase  or  diminish  the 
number  of  the  said  general  departments. 

Section  42.    The  city  council,  subject  to  the  provisions  Appointment, 
of  section  forty-four,  shall  have  the  power  to  appoint,  sus-  or  remova" 
pend  or  remove  the  following  officers,  to  wit:  the  city  clerk,  officers^'" 
city  treasurer,  collector  of  taxes,  city  auditor,    city  solicitor, 
purchasing   agent,    assessors,    sinking   fund    commissioners, 
trustees  of  the  public  library,  directors  of  the  cemetery  and 
overseers  of  the  poor. 

Section  43.    The  director  of  finance  and  public  affairs.  Directors  of 
director  of  engineering,  director  of  public  safety,  director  to^'be'admi'n^ 
of  public  property  and  the  director  of  public  health  and  heads.Ttc. 
charities  shall  be  the  administrative  heads  of  their  respective 
departments,  and,  except  as  is  otherwise  provided  herein, 
shall  have  the  power  to  appoint,  suspend  or  remove,  subject 
to  the  provisions  of  section  forty-four  and  the  law^s  of  the 
commonwealth,    any   officer,   officers,   board   or   boards   in 
their  respective  departments. 

Section  44.     Appointments  to  any  office,  offices,  board  fg^^^n'To^ 
or  boards  established  by  this  act  or  by  city  ordinance,  except  appointments 


676 


Acts,  1911.  — Chap.  621.  — Pakt  11. 


to  olTice, 
elc. 


Removals. 


Terms  of 
office,  etc. 


foremen  and  day  laborers  and  such  offices  as  pertain  to  the 
school  committee,  shall  be  subject  to  the  following  pro\isions, 
to  wit:  — •  Two  weeks  preceding  the  aj)pointment  to  any  such 
office,  offices,  board  or  boards  a  statement  of  the  position 
or  positions  to  be  filled  shall  be  published  in  at  least  one 
daily  newspaper  of  the  city  under  the  signature  or  signatures 
of  the  director  or  directors  empowered  to  appoint,  and  he 
or  they  shall  therein  reciuest  any  candidate  or  candidates 
for  said  j)osition  or  positions  to  submit  his  or  their  candidacy 
in  writing  to  the  director  or  directors  aforesaid,  but  nothing 
herein  contained  shall  prevent  the  appointing  })ower  from 
rejecting  any  or  all  applicants  and  publishing  a  new  statement 
of  positions  to  be  filled.  Not  less  than  two  nor  more  than 
four  days  prior  to  said  appointment,  the  said  director  or 
directors  shall  cause  to  be  published  on  the  front  page  of 
at  least  one  daily  newspaper  of  the  city  a  list  of  the  names 
of  all  candidates  wdio  have  made  written  applications  as 
aforesaid.  All  removals  from  appointive  offices  shall  be 
accompanied  by  a  statement  of  the  reason  or  reasons  therefor 
under  the  signature  of  the  director  removing  the  officer  or 
officers,  and  a  copy  of  the  iitatement  shall  be  filed  in  the  office 
of  the  city  clerk. 

Section  45.  All  officers,  whether  heretofore  elected  or 
appointed,  or  appointed  hereunder,  shall,  except  as  is  other- 
wise provided  herein,  continue  in  office  until  their  successors 
are  appointed  and  qualified.  Except  as  is  otherwise  provided 
herein,  the  term  of  office  of  any  officer,  officers,  board  or 
boards  for  which  provision  is  herein  made  shall  not  be  fixed, 
but  shall  continue  indefinitely,  subject  to  the  provisions  of 
this  act  regarding  appointments,  suspensions  and  removals. 


Record  of 

employees. 


RECORD   OF   EMPLOYEES. 

Section  46.  The  director  in  charge  of  each  department 
shall  cause  to  be  kept  in  his  department  a  record,  subject 
to  public  inspection,  of  all  persons  appointed  and  employed 
therein  and  of  all  persons  susiXMuled  or  removed,  and,  in 
case  of  suspension  or  removal,  of  the  grounds  therefor, 
but  in  case  the  grounds  for  suspension  or  removal  impute 
crime  or  dishonesty  to  the  person  suspended  or  removed, 
he  shall,  at  his  request,  be  given  a  hearing  by  the  city  council 
at  which  he  may  a|)|)ear  personally  or  by  counsel,  and  if 
exonerated,  his  removal  shall  be  void. 


Acts.  1911.  — Chap.  621.  — Part  II.  077 


PROVISIONS  FOR  CHANGES. 

Section  47.    The  city  council  may  from  time  to  time,  Additional 
subject  to  the  provisions  of  this  act  and  in  accordance  with  beestab-' 
general  laws,  establish  additional  offices  and  boards,  assign  ''^''*^'^'  ^^'^' 
them  to  the  proper  departments,  and  determine  the  number 
and  duties  of  the  incumbents  thereof;  and  for  such  purposes 
it  may  delegate  to  such  offices  and  boards  any  part  of  the 
administrative  powers  given  by  this  charter  to  the  directors 
hereinbefore  mentioned.     The  city  council  may  also  from 
time   to   time    consolidate    appointive    offices    and    boards, 
separate  and  distribute  the  powers  and  duties  of  those  already 
established,    increase   or   diminish   the   number   of   persons 
who  shall  perform  the  duties  of  any  appointive  office  or 
board,  or  abolish  any  appointive  office  or  board,  subject 
to  the  provisions  of  this  act  and  in  accordance  with  general 
laws. 

Section  48.     All  administrative  officers  shall  be  sworn  Adminis- 
to   the  faithful   discharge   of   their   respective   duties,   and  officer!  to  be 
certificates  of  their  oaths  shall  be  made  and  kept  in  the  office  ^worn,  etc. 
of  the  city  clerk.     All  administrative  boards  and  officers 
shall  keep  a  record  of  their  official  transactions,  and  such 
records  shall  be  open  to  public  inspection. 

BONDS. 

Section  49.  The  city  council  shall  require  the  city  certain 
treasurer,  the  collector  of  taxes,  the  city  auditor  and  the  givrbonds, 
purchasing  agent  to  give  bonds,  with  such  surety  or  sureties  *'^*'' 
as  it  shall  deem  proper,  for  the  faithful  discharge  of  their 
respective  duties,  and  may  require  any  other  municipal 
officer  intrusted  with,  the  receipt,  disbursement  or  care  of 
money  or  property  belonging  to  the  city  to  give  such  a  bond. 
Every  bond  required  shall  be  in  a  form  satisfactory  to  the 
city  solicitor  and  subject  to  the  approval  of  the  city  council, 
and  the  bond  shall  be  executed,  approved  and  delivered 
before  any  such  officer  shall  enter  upon  the  duties  of  his 
office  and  within  ten  days  after  his  election.  Should  any 
such  officer  fail  to  give  the  bond  within  the  time  herein 
required,  his  election  or  appointment  to  office  shall  be  void, 
and  a  new  election  shall  be  held,  or  a  new  appointment  shall 
be  made,  forthwith.  In  case  of  the  death  or  insolvency 
of  any  of  the  sureties  upon  bonds  so  given,  the  principal 
shall  immediately  give  a  new  bond  with  sufficient  sureties 


678 


Acts,  1911.  — Chap.  G2].  — Pakt  II. 


Adminis- 
trative 
boards,  etc., 
to  give 
certain  in- 
formation, 
etc. 


in  the  manner  herein  provided;  and  if  he  fails  to  give  such 
new  bond  within  ten  days  after  notice  to  do  so,  it  shall  be 
sufficient  cause  for  his  removal. 

Section  50.  Every  administrative  board,  through  its 
chairman  or  a  member  designated  by  the  board,  and  every 
officer  in  charge  of  a  department,  may  appear  before  the  city 
council,  and  at  the  request  of  the  city  council  shall  appear 
before  it,  and  give  information  in  relation  to  anything  con- 
nected with  the  discharge  of  the  duties  of  such  board  or 
officer;  and  the  officer  who  so  appears  shall  have  the  right 
to  speak  upon  all  matters  under  consideration  relating  to 
his  department. 


Purchasing 
agent, 
powers  and 
duties,  etc. 


PURCHASING   DEPARTMENT. 

Section  51.  The  purchasing  department  shall  consist 
of  a  purchasing  agent  and  such  assistants  as  the  city  council 
may  from  time  to  time  deem  necessary.  The  purchasing 
agent  shall  purchase  all  supplies  for  the  city,  except  in  case 
of  an  emergency;  but  all  purchases  or  contracts  for  purchase 
exceeding  twenty-five  dollars  in  amount  shall  be  based  upon 
competition,  and  no  purchases  or  contracts  for  purchase 
shall  be  made  involving  the  expenditure  of  more  than  twenty- 
five  dollars  for  any  one  class  of  supplies  in  any  month, 
except  by  competition.  The  purchasing  agent  shall  pur- 
chase all  supplies  for  the  school  department  in  accordance 
with  instructions  given  to  him  by  the  school  committee. 
A  record  shall  be  kept  by  this  department  of  the  prices 
paid,  and  to  whom  paid,  for  all  supplies,  which  shall  be  open 
to  the  inspection  of  any  citizen.  The  salaries  in  this  depart- 
ment shall  be  fixed  by  the  city  council. 


Salaries. 


Holding  of 
otiier  office 
)).v  niemljcr 
of  the  city 
council  for- 
bidden. 

Compensa- 
tion of 
a|)I)()intivo 
oflicers. 


SALARIES. 

Section  52.  The  salary  of  the  mayor  shall  be  thirty- 
five  hundred  dollars  per  annum,  and  the  salary  of  each 
of  the  remaining  four  members  of  the  city  council  shall  be 
twenty-five  hundred  dollars  per  annum.  These  salaries 
shall  be  payable  in  equal  monthly  installments. 

Section  53.  No  member  of  the  city  coimcil  shall,  during 
the  term  for  which  he  was  chosen,  hold  any  other  office  the 
salary  of  which  is  payal)le  by  the  city. 

Section  54.  The  city  council  shall  establish  by  ordinance 
the  salary  or  comj)ensation  of  every  a])pointive  ofHccr;  but 
after  the  first  municipal  year  succeeding  the  acceptance  of 


Acts,  1911.  — Ciiap.  621.  — Part  II.  679 

this  act  no  ordinance  changing  any  such  salary  or  compen- 
sation shall  take  elVect  until  the  municipal  year  succeed- 
ing that  in  which  the  ordinance  is  passed. 

SCHOOLS. 

Section  55.  The  management  and  control  of  the  public  fjft\pp^  J""^' 
schools  of  the  city  shall  be  vested  in  the  school  committee,  constituted, 
consisting  of  the  mayor  ex  officio,  and  four  other  members 
elected  in  accordance  with  the  provisions  of  this  act.  Three 
of  its  members  shall  constitute  a  quorum.  The  mayor, 
when  present,  shall  preside,  and  its  meetings  shall  be  public. 
All  final  votes  of  the  school  committee  involving  the  ex- 
penditure of  fifty  dollars  or  over  shall  be  by  yeas  and  nays 
and  shall  be  entered  on  the  records.  The  committee  shall 
vote  by  yeas  and  nays,  when  that  is  practicable,  and  on 
request  of  one  member  any  vote  shall  be  by  yeas  and  nays 
and  shall  be  entered  upon  the  records.  The  affirmative 
vote  of  at  least  three  members  shall  be  necessary  for  the 
passage  of  any  order,  resolution  or  vote. 

Section  56.  The  school  committee  shall  meet  for  or-  organiza- 
ganization  on  the  Tuesday  next  after  the  first  Monday  in  '  ' 
January  of  each  year.  The  committee  shall  be  the  judge 
of  the  election  and  qualifications  of  its  members,  and  shall 
determine  the  rules  for  its  proceedings,  unless  it  is  otherwise 
provided  herein.  The  members  of  the  school  committee 
shall  be  sworn  to  the  faithful  discharge  of  their  duties. 

Section  57.  The  school  committee  shall  elect  a  super-  Superin- 
intendent  of  schools,  and  may  appoint  such  subordinate  schools,  etc. 
officers  and  assistants,  including  janitors  of  school  buildings, 
as  it  may  deem  necessary  for  the  proper  discharge  of  its 
duties  and  the  conduct  of  its  business;  it  shall  define  their 
terms  of  service  and  their  duties,  and  shall  fix  their  com- 
pensation, and  may  suspend  or  remove  them  at  pleasure. 
No  member  of  the  school  committee,  except  the  mayor, 
shall,  diu-ing  the  term  for  which  he  is  elected  hold  any 
other  office  or  position  the  salary  or  compensation  for  which 
is  payable  out  of  the  city  treasury. 

Section  58.     The  school  committee,  in  addition  to  the  The  school 
powers  and  duties  pertaining  by  law  to  school  committees,  may  provide 
shall   have   power   to   provide,   when   they   are   necessary,  ac™(fmmoda- 
temporary  accommodations   for  school  purposes  and   shall  schoo/s^'etc. 
have  the  control  of  all  school  buildings  and  of  the  grounds 
connected  therewith,  except  as  is  otherwise  provided  herein. 


680 


Acts,  1911.  — Chap.  621.  — Pakt  II. 


School  com- 
mittee to 
approve 
sites  for 
school  build- 
ings, etc. 


Vacancy  in 
municipal 
council,  how 
filled. 


"Who  shall 
act  in  case 
of  death,  etc., 
of  mayor. 


Vacancies 
in  school 
committee, 
how  filled. 


Section  59.  No  site  for  a  school  building  shall  be 
acquired  by  said  city  unless  the  approval  of  the  site  by 
the  school  committee  is  first  ol)tained.  No  plans  for  the 
construction  of  or  alterations  in  a  school  building  shall 
be  accepted,  and  no  work  shall  be  begun  on  the  construction 
or  alteration  of  a  school  building  unless  the  approval  of  the 
school  committee  therefor  is  first  obtained.  Nothing  herein 
contained  shall  require  such  approval  for  the  making  of 
ordinary  repairs. 

VACANCIES. 

Section  CO.  If  there  be  a  vacancy,  by  failure  to  elect 
or  otherwise,  in  the  city  council  the  council  shall,  by  its 
remaining  members,  call  a  special  city  election  to  fill  the 
vacancy  or  vacancies  for  the  unexpired  term  or  terms; 
except  that  if  such  vacancy  or  vacancies  occur  less  than 
four  months  prior  to  the  annual  city  election,  the  city  council 
shall,  by  its  remaining  members,  fill  the  vacancy  or  vacancies 
for  the  unexpired  term  or  terms  respectively.  A  person 
elected  to  fill  any  such  vacancy  shall,  before  entering  upon 
the  duties  of  his  office,  take  oath  before  the  city  clerk  or  a 
justice  of  the  peace  faithfully  to  perform  the  same. 

Section  01.  Upon  the  death,  resignation  or  absence  of 
the  mayor,  or  upon  his  inability  to  perform  the  duties  of 
his  office,  the  president  of  the  city  council  shall  perform 
them,  and  if  he  also  is  absent  or  unable  from  any  cause 
to  perform  said  duties,  they  shall  be  performed  by  such 
member  of  the  city  council  as  it  may,  from  time  to  time 
elect,  until  the  mayor  or  president  of  the  city  council  is 
able  to  attend  to  the  duties,  or  until  the  vacancy  is  filled, 
as  hereinbefore  provided.  The  person  upon  whom  such 
duties  devolve  shall  be  called  "acting  mayor",  and,  except 
as  is  otherwise  provided  in  this  act,  shall  possess  the  powers 
of  mayor,  l)ut  only  in  matters  not  admitting  of  delay. 

Section  62.  If  there  is  a  vacancy  in  the  school  commit- 
tee, by  failure  to  elect  or  otherwise,  the  mayor  shall  call  a 
joint  convention  of  the  city  council  and  the  school  committee, 
at  which  the  mayor,  if  present,  shall  i)resi(le,  and  the  vacancy 
shall,  by  vote  of  a  majority  of  all  the  members  of  the  two 
bodies,  be  filled  by  the  election  of  a  member  to  serve  for 
the  remainder  of  the  municipal  year.  At  the  next  annual 
municipal  election  thereafter  a  member  shall  be  elected  by 
the  qualified  voters  of  the  city  to  serve  for  the  remainder 
of  the  unexpired  term  of  the  member  whose  office  is  vacant. 


Acts,  1911.  — CiiAr.  621.  — Patit  II.  681 


RECALL. 

Section  63.  The  holder  of  any  elective  office  may  be  Holder  of 
removed  at  any  time  by  the  voters  qualified  to  vote  at  city  office'^mar 
elections,  and  the  procedm'e  to  effect  his  removal  shall  be  as  ''®  removed. 
follows :  —  A  petition  signed  by  a  number  of  such  voters  equal  ^„^o^^i"^ 
to  at  least  twenty-five  per  cent  of  the  aggregate  number  of 
votes  cast  for  candidates  for  mayor  at  the  last  preceding  an- 
nual election  at  which  a  mayor  was  elected,  demanding  an 
election  of  a  successor  to  the  person  sought  to  be  removed 
shall  be  filed  in  the  office  of  the  city  clerk.  The  petition 
shall  contain  a  general  statement  of  the  grounds  upon  which 
the  removal  is  sought.  It  need  not  be  on  one  paper,  but  may 
consist  of  several  distinct  papers,  each  containing  the  said 
demand  and  substantially  upon  the  same  grounds,  and  all 
papers  containing  the  said  demand  and  statement  which,  in 
any  one  day,  shall  be  filed  at  the  office  of  the  city  clerk,  shall 
be  deemed  parts  of  the  same  petition.  Every  signer  shall  add 
to  his  signature  his  place  of  residence,  giving  the  street  and 
street  number,  if  any.  One  signer  of  every  such  paper  shall 
make  oath  upon  his  information  and  belief  before  a  notary 
public  or  a  justice  of  the  peace  that  the  statements  therein 
made  are  true,  and  that  each  signature  to  the  paper  is  the 
genuine  signature  of  the  person  whose  name  it  purports  to 
be.  Within  ten  days  after  the  date  of  the  filing  of  the  pe- 
tition, the  city  clerk,  with  the  assistance  of  the  registrars  of 
voters,  shall  examine  the  petition  to  ascertain  whether  or 
not  it  is  signed  by  the  requisite  number  of  voters,  as  above 
prescribed,  and  shall  attach  to  the  petition  a  certificate 
showing  the  result  of  his  examination.  If,  from  the  city 
clerk's  certificate,  the  petition  appears  not  to  be  signed  by 
the  requisite  number  of  voters,  it  may  be  supplemented, 
within  ten  days  after  the  date  of  such  certificate,  by  other 
papers,  signed  and  sworn  to  as  aforesaid,  and  all  other  papers 
containing  a  like  demand  and  statement  and  signed  and 
sworn  to  as  aforesaid  shall  be  deemed  supplemental  to  the 
original  petition.  The  city  clerk  shall,  within  ten  days  after 
the  expiration  of  the  time  allowed  for  filing  the  supplementary 
petition,  make  a  like  examination  of  such  petition,  if  any  is 
filed,  and  shall  attach  thereto  a  new  certificate  and,  if  it 
appears  from  such  new  certificate  that  the  petition  is  still 
insufficient  as  to  the  number  of  signers  as  aforesaid,  it  shall 
be  returned  to  the  person  or  persons  filing  the  same,  without 


etc 


682  Acts,  1911.  — Chap.  621.— Part  II. 

prejudice,  however,  to  the  fihng  of  a  new  petition  to  the 
same  effect.  If  the  petition,  as  originally  filed  or  as  supple- 
mented, shall  be  certified  by  the  city  clerk  to  be  sufficient, 
he  shall  present  the  same  to  the  city  council  without  delay, 
and  the  city  council  shall  call  the  election  so  demanded,  and 
shall  fix  a  date  for  holding  the  same,  which  shall  not  be 
less  than  sixty  nor  more  than  seventy  days  after  the  date 
when  the  petition  was  presented  by  the  city  clerk  to  the 
city  council.  The  city  council  shall  make  or  cause  to  be 
made  all  arrangements  for  holding  the  election,  and  the 
same  shall  be  held  and  conducted,  returns  thereof  made, 
and  the  results  thereof  declared  in  all  respects  as  in  the 
case  of  other  city  elections.  The  successor  of  any  person 
removed  shall  hold  office  during  the  unexpired  term  of  his 
predecessor. 
Totrghuo  be  "^"y  person  sought  to  be  removed  may  be  a  candidate  at 

removed  thc  Said  elcctiou,  and,  unless  he  requests  otherwise  in  writing, 

candidate,  the  city  clcrk  shall  place  his  name  on  the  official  ballots 
without  nomination.  The  person  receiving  the  highest  num- 
ber of  votes  shall  be  declared  elected.  If  some  person  other 
than  the  incumbent  receives  the  highest  number  of  votes, 
the  incumbent  shall  thereupon  be  deemed  to  be  removed 
from  office.  In  case  a  person  other  than  the  incumbent 
receiving  the  highest  number  of  votes  shall  fail  to  make  oath 
before  the  city  clerk  or  a  justice  of  the  peace  within  thirty 
days  after  his  election  faithfully  to  perform  the  duties  of 
the  office,  the  office  shall  be  deemed  vacant.  If  the  incum- 
bent receives  the  highest  number  of  votes,  he  shall  continue 
in  office  until  the  end  of  the  term  which  he  is  serving  at  the 
time  of  the  election,  unless  sooner  removed  therefrom  by 
new  and  like  proceedings.  The  name  of  no  candidate,  other 
than  the  person  sought  to  be  removed,  shall  be  printed  on 
the  official  l)allots  to  be  used  at  the  said  election  unless  such 
candidates  be  nominated  as  hereinbefore  provided  at  a  pre- 
liminary election. 

INITIATIVE. 

Initiative.  SECTION  64.     If  a  petition,  signed  by  a  number  of  the 

voters  of  said  city,  qualified  to  vote  at  city  elections,  equal 
to  at  least  twenty-five  per  cent  of  the  aggregate  lunnber  of 
votes  cast  for  the  candidate  for  mayor  at  the  last  ])receding 
annual  city  election  at  which  a  mayor  was  elected,  and 
requesting  the  city  council  to  pass  any  measure  therein  set 
forth  or  referred  to,  shall  be  filed  in  the  office  of  the  city 


Acts,  1911.  — Chap.  G21.  — Takt  II.  683 

clerk,  the  city  council,  provided  said  measure  be  one  which  initiative. 
it  has  a  legal  right  to.  pass,  shall, 

(a)  Pass  said  measure  without  alteration,  within  twenty 
days  after  the  attachment  of  the  city  clerk's  certificate  of 
sufficiency  to  such  petition,  or 

(b)  Forthwith,  after  the  expiration  of  twenty  days  after 
the  attachment  of  the  said  certificate  of  sufficiency  to  the 
petition,  call  a  special  election,  unless  an  annual  city  election 
is  to  be  held  within  ninety  days  after  the  attachment  of  the 
certificate  of  sufficiency;  and  at  such  special  election  or 
annual  city  election,  if  one  is  so  to  be  held,  submit  said 
measure  without  alteration  to  the  voters  of  the  city  qualified 
as  aforesaid.  The  date  of  said  election  shall  be  fixed  as  pro- 
vided by  section  sixty-three. 

If,  however,  a  petition  like  the  above  described  petition, 
and  signed  by  a  number  of  qualified  voters  equal  to  at  least 
ten  per  cent,  but  less  than  twenty-five  per  cent  of  the  aggre- 
gate number  of  votes  cast  as  aforesaid,  is  filed  as  aforesaid 
the  city  council  shall 

(c)  Pass  the  measure  therein  set  forth  or  referred  to  without 
alteration,  within  twenty  days  after  such  attachment  of  the 
certificate  of  sufficiency,  or 

(d)  Submit  the  same  to  the  qualified  voters  of  the  city 
at  the  next  annual  city  election. 

The  votes  upon  the  said  measure  at  an  annual  city  election  votes  upon 
or  at  a  special  election  shall  be  taken  by  ballot  in  answer  to  mJasmes 
the  question  "Shall  the  measure  (stating  the  nature  of  the  banot^etc 
same)  be  passed?"  which  shall  be  printed  on  the  ballots  after 
the  list  of  candidates,  if  there  be  any.     If  a  majority  of  the 
qualified  voters  voting  on  the  proposed  measure  shall  vote 
in  favor  thereof,  it  shall  thereupon  become  a  valid  and  binding 
measure  of  the  city,  and  no  such  measure  passed  as  aforesaid 
by  the  city  council,  upon  petition  as  aforesaid,  or  which  shall 
be  adopted  as  aforesaid  at  any  such  annual  city  election  or 
special  election  shall  be  repealed  or  amended  except  by  the 
qualified  voters  of  the  city  at  an  annual  city  election  or 
special  election.     Not  more  than  two  measures  requested  by 
petition  as  aforesaid  may  be  voted  upon  at  the  same  election 
in  accordance  with  the  provisions  of  this  section.     The  city 
council  may  submit  a  proposition  for  the  repeal  of  any  such 
measure,  or  for  amendment  thereof,  to  be  voted  upon  at  any 
succeeding  annual  city  election;  and  should  such  proposition 
as  submitted  receive  a  majority  of  the  votes  cast  thereon  at 
the  election  the  measure  shall  thereby  be  repealed  or  amended 


684 


Acts,  1911.  — Chap.  621.  — Pakt  II. 


Votes  upon 
certain 
measures 
to  be  by 
ballot,  etc. 


accordingly.  The  vote  upon  siicli  repeal  or  amendment  at 
the  annual  city  election  shall  be  taken,  by  ballot  in  answer  to 
the  question  "  Shall  the  measure  (stating  the  nature  of  the 
same)  be  repealed  or  amended  (stating  the  nature  of  the 
amendment)?"  which  shall  be  printed  on  the  ballots  after 
the  list  of  candidates,  if  there  be  any.  Whenever  any  such 
measure  or  proposition  is  required  by  this  act  to  be  submitted 
at  any  election  as  aforesaid,  the  city  clerk  shall  cause  the 
same  to  be  published  once  in  each  of  the  daily  newspapers 
published  in  said  city;  such  publication  to  be  not  more  than 
twenty  nor  less  than  five  days  before  the  submission  of  the 
measure  or  proposition  to  be  voted  on.  Petitions  under  the 
provisions  of  this  section  may  consist  of  one  or  more  distinct 
papers.  In  each  of  such  papers  the  measure,  the  passage  of 
which  is  requested,  shall  be  set  forth  or  referred  to,  and  all 
such  papers  filed  in  any  one  day  in  the  office  of  the  city  clerk 
shall  be  deemed  to  be  parts  of  the  same  petition.  Such  peti- 
tions shall  be  signed,  sw^orn  to  as  to  signatures,  examined,  re- 
examined, presented  to  the  city  council,  shall  have  the  city 
clerk's  certificate  of  sufficiency  or  insufficiency  attached 
thereto,  and  may  be  supplemented  in  the  same  manner  as 
petitions  filed  under  section  sixty-three.  Any  measure,  passed 
under  the  provisions  of  this  section  by  the  city  council  or  by 
the  voters  may  prescribe  such  penalty  for  its  \iolation  as  the 
city  council  after  this  act  takes  efl'ect  shall  have  a  right  to 
affix  to  a  like  measure  for  a  breach  thereof. 


Referendum. 


REFERENDUM. 

Section  65.  If,  during  the  ten  days  next  following  the 
passage  of  any.  measure  by  the  city  council  a  petition, 
signed  by  a  number  of  voters  of  said  city,  registered  to 
vote  at  city  elections,  erjual  to  at  least  twenty-fi\e  per 
cent  of  the  aggregate  number  of  votes  cast  for  candidates 
for  mayor  at  the  last  preceding  annual  city  election  at 
which  a  mayor  was  elected,  anfl  protesting  against  the 
passage  of  such  measure,  shall  be  filed  in  the  oflice  of  the 
city  clerk,  the  measure  shall  be  suspended  from  going  into 
operation,  and  it  shall  be  the  duty  of  the  city  council  to 
reconsider  the  same,  and  if  it  is  not  wholly  repealed  the  city 
council  shall  submit  it,  as  is  provided  in  sub-division  (b) 
of  section  sixty-four  to  the  registered  voters  of  the  city, 
and  the  said  measure  shall  not  go  into  efl'ect  or  become 
operative  unless  a  majority  of  the  voters,  quafified  as  afore- 


Acts,  1911.  — Chai>.  6:21.  — Taut  II.  685 

said,  voting  on  the  same  shall  vote  in  favor  thereof.  The 
vote  upon  such  a  measure  at  an  annual  city  election  or 
special  election  shall  be  taken  by  ballot  in  answer  to  the 
question  "Shall  the  measure  (stating  the  nature  of  the 
same)  take  effect?"  which  shall  be  printed  on  the  ballot 
after  the  list  of  candidates,  if  there  be  any.  Petitions  under 
the  provisions  of  this  section  may  consist  of  one  or  more 
distinct  papers.  In  each  of  such  papers  the  measure,  the 
passage  of  which  is  protested,  shall  be  set  forth  or  referred 
to,  and  all  such  papers  filed  in  any  one  day  shall  be  deemed 
to  be  parts  of  the  same  petition.  Such  petitions  shall  be 
signed,  sworn  to  as  to  signatures,  examined,  re-examined, 
presented  to  the  city  council,  shall  have  the  city  clerk's 
certificate  of  sufficiency  or  insufficiency  attached  thereto,  and 
may  be  supplemented,  in  the  same  manner  as  petitions  filed 
under  section  sixty-three. 

Section  66.     It  shall  not  be  necessary  for  the  validity  signers  to 
of  any  petition  or  statement  provided  for  or  required  by  etc'.'"°"^' 
the  provisions  of  this  act  that  any  signer  thereof  add  to  his 
signature  any  residence  other  than  the  name  of  the  street 
and  street  number,  if  there  be  any,  at  which  he  resides 
at  the  time  of  signing. 

Section  67.  Chapter  two  hundred  and  seventy-six  of  Repeal, 
the  acts  of  the  year  eighteen  hundred  and  ninety-one  and  all 
special  acts  and  parts  of  special  acts  applying  to  the  city 
of  Lawrence  inconsistent  herewith  are  hereby  repealed, 
and  all  general  acts  and  parts  of  general  acts  inconsistent 
herewith,  shall  not  hereafter  apply  to  the  city  of  Lawrence: 
yrodided,  however,  that  this  repeal  shall  not  affect  any  act  Provisos, 
done,  or  any  right  accruing  or  accrued  or  established  or  any 
suit  or  proceeding  begun  in  any  civil  case  before  the  time 
when  such  repeal  takes  effect,  and  that  no  offences  com- 
mitted and  no  penalties  or  forfeitures  incurred  under  the 
acts  or  parts  of  acts  hereby  repealed  shall  be  aft'ected  by  such 
repeal;  and  jxrovided,  also,  that  all  persons  who,  at  the  time 
when  said  repeal  takes  effect,  shall  hold  any  office  under 
said  acts  shall  continue  to  hold  the  same,  except  as  is  other- 
wise provided  herein,  and  provided,  alto,  that  all  ordinances 
of  the  city  of  Lawrence  in  force  at  the  time  when  said  repeal 
takes  effect,  and  not  inconsistent  with  the  provisions  of 
this  act,  shall  continue  in  force  until  the  same  are  repealed 
or  amended,  and  all  officers  elected  under  such  by-laws  and 
ordinances  shall  continue  in  office,  except  as  is  otherwise 
provided  herein. 


68G 


Acts,  1911.  — Chap.  621.  — Part  III. 


GrantinK  of 
franchises 
to  bo 

approved  by 
voters,  etc. 


Acceptance 
of  act,  etc. 


To  be  sub- 
mitted to 
voters  at  the 
next  state 
election. 


Section  68.  No  vote  of  the  city  council  granting  a 
general  franchise  to  any  person  or  corporation  shall  be  valid 
unless  the  same  shall  be  approved  by  a  vote  of  the  (jualified 
voters  of  the  city  voting  at  large  in  their  respective  precincts 
at  the  annual  municipal  election.  This  section  shall  apply 
only  to  such  franchises,  if  any,  as  under  any  general  or  special 
laws  any  municipal  board  or  officers  of  said  city  may  at  pres- 
ent be  authorized  to  grant  or  l)estow,  and  shall  not  be  con- 
strued or  taken  as  authorizing  the  grant  of  any  franchise 
unless  such  grant  is  now  or  hereafter  authorized  by  law. 

Section  GO.  Part  II  of  this  act  shall  not  take  effect 
until  accepted  by  the  voters  of  the  city  as  herein  provided, 
and  if  so  accepted,  it  shall  take  effect  for  the  next  ensuing 
annual  city  election  which  shall  be  held  on  the  third  Tues- 
day of  December  in  the  year  nineteen  hundred  and  eleven. 
Thereafter,  the  said  annual  election  shall  be  held  on  the 
second  Tuesday  in  December.  For  all  other  purposes  Part 
II  of  this  act,  if  accepted,  shall  take  effect  at  ten  o'clock 
in  the  forenoon  on  the  first  Monday  of  January,  nineteen 
hundred  and  twelve. 

PART  III. 

Section  1.  This  act  shall  be  submitted  to  the  registered 
voters  of  the  city  of  Lawrence  at  the  state  election  in  the 
year  nineteen  hundred  and  eleven.  At  the  said  election 
the  voters  shall  vote  primarily  on  the  following  question: 
"Shall  the  present  charter  of  the  city  of  Lawrence  be  re- 
pealed?" and  secondarily  on  the  following  question:  If  the 
present  charter  of  the  city  of  Lawrence  is  repealed,  shall 
the  new  charter  of  the  city  be: 

"Plan  1,  which  establishes  a  city  government  consisting 
of  a  mayor  and  a  council  of  nine  members",  or 

"  Plan  2,  which  establishes  a  government  by  commission." 

If  on  a  majority  of  the  ballots  cast  at  said  election,  the 
votes  shall  be  for  a  repeal  of  the  present  charter  of  the  city 
of  Lawrence,  the  plan  receiving  the  larger  number  of  votes 
on  the  secondary  question  shall  be  adopted  as  the  charter 
for  the  city  of  Lawrence.  Plan  1  shall  include  all  of  the 
provisions  of  Part  I  of  this  act  and  if  said  Plan  1  is  ado])ted. 
Part  II  of  this  act  shall  be  inoperative.  Plan  2  shall  include 
all  of  the  provisions  of  Part  II  of  this  act  and  if  said  Plan  2 
is  adopted,  Part  I  of  this  act  shall  be  inoi)erative.  If  on 
any  ballot,  the  voter  shall  vote  for  both  Plan  1  and  Plan  2, 


Acts,  1911.  —  Chaps.  G22,  G23.  687 

so  much  of  said  ballot  as  refers  to  the  secondary  question 
shall  not  be  counted. 

Section  2.     So  much  of  this  act  as  provides  for  its  sub-  Tinie..f 
mission  to  the  voters  of  the  city  of  Lawrence  shall  take  *^''  "'^''  '^''''• 
effect  upon  its  passage.  Approved  June  30,  Wll. 

An  Act  to  provide  for  completing  an  investigation  of  (Jji^^j  (322 

THE    water    power     OF    THE     COMMONWEALTH     AND     FOR 
determining  THE  BEST  METHODS  OF  UTILIZING  THE  SAME. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  unexpended  part  of  the  appropriation  investigation 
made  in  the  year  nineteen  hundred  and  nine  for  the  purposes  power,^"^ 
specified  in  chapter  three  hundred  and  fifty-nine  of  the  acts 
of  the  year  nineteen  hundred  and  nine  may  be  expended  in 
completing  the  determination  of  the  amount  of  water  power 
available  on  the  streams  of  the  commonwealth  and  for  in- 
vestigating the  best  methods  of  utilizing  the  same. 

Section  2.     The  provisions  of  said  chapter  three  hundred  Cr't.iin  pro- 

i/^p  •  Till  1  !•  p'li  •      Visions  to 

and  hity-mne  shall  apply  to  the  completion  01  said  determi-  apply. 
nation  and  investigation. 

Section  3.  A  brief  report  of  the  work  done  under  the  Report, 
provisions  of  this  act  shall  be  made  to  the  governor  by  the 
director  of  the  United  States  Geological  Survey  on  the  first 
day  of  January,  nineteen  hundred  and  twelve,  and  a  final 
report  shall  be  made  by  said  director  to  the  governor  on  or 
before  the  first  day  of  January,  nineteen  hundred  and 
thirteen,  embodying  the  complete  results  of  the  investiga- 
tion. 

Section  4.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  30,  1911. 

An  Act  to  extend  the  term  of  office  and  to  define  ni^f^j.  cs)r> 
the  duties  of  the  members  of  the  boston  transit         ^  * 
commission. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  term  of  office  of  the  members  of  the  Term  of 
Boston  transit    commission    is    hereby  extended    for   three  e,^tended. 
years  from  the  first  day  of  July  in  the  year  nineteen  hundred 
and  eleven. 

Section  2.     The    powers,    duties    and    compensation    of  ^°^^^\ 
said  commission  during  said  term  of  three  years  shall  be  the  to  continue. 


688 


Acts,  1911.  — Chap.  024. 


same  as  are  specified  in  chapter  five  hundred  and  forty- 
eight  of  the  acts  of  the  year  eighteen  hun(h-ed  and  ninety- 
four  and  in  acts  in  amendment  thereof  or  in  addition  thereto, 
except  as  hereinafter  provided.  Any  vacancy  in  said  com- 
mission shall  be  filled  in  the  manner  provided  in  said  chapter 
five  hundred  and  forty-eight. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  30,  1911. 


Chap.^'24:  An  Act  relative  to  removals,  suspensions  and  trans- 
fers IN  THE  CIVIL  service. 


Removals, 
suspensions, 
etc.,  in  the 
civil  service. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Every  person  now  holding  or  hereafter  ap- 
pointed to  an  office  classified  under  the  civil  service  rules 
of  the  commonwealth,  except  members  of  the  police  depart- 
ment of  the  city  of  Boston,  of  the  police  department  of  the 
metropolitan  park  commission,  and  except  members  of  the 
district  police,  whether  appointed  for  a  definite  or  stated 
term,  or  otherwise,  who  is  removed  therefrom,  lowered  in 
rank  or  compensation,  or  suspended,  or,  without  his  consent, 
transferred  from  such  office  or  employment  to  any  other, 
may,  after  a  public  hearing,  as  provided  for  by  section  two 
of  chapter  three  hundred  and  fourteen  of  the  acts  of  the  year 
nineteen  hundred  and  four,  as  amended  by  chapter  two 
hundred  and  fortv-three  of  the  acts  of  the  vear  nineteen 
hundred  and  five,  and  within  ten  days  after  such  hearing, 
bring  a  petition  in  the  police,  district  or  municipal  court 
within  the  judicial  district  where  such  person  resides,  ad- 
dressed to  the  justice  of  the  court  and  praying  that  the 
action  of  the  officer  or  board  in  removing,  suspending, 
lowering  or  transferring  him  may  be  reviewed  by  the  court, 
and  after  such  notice  to  such  officer  or  board  as  the  court 
may  think  necessary,  it  shall  review  the  action  of  said  officer 
or  board,  and  hear  the  witnesses,  and  shall  affirm  said  order 
unless  it  shall  a])pear  that  said  order  was  made  by  said  officer 
or  board  without  proper  cause  or  in  bad  faith,  in  which 
case  said  order  shall  be  reversed  and  the  petitioner  be  rein- 
stated in  his  office.  The  decision  of  the  justice  of  said  police, 
district  or  numicipal  court  shall  be  final  and  conclusive 
upon  the  parties. 

Section  2,    This  act  shall  take  eft'ect  upon  its  passage. 

Approved  July  3,  191 U 


Acts,  1911.  — Chaps.  025,  626,  627.  689 


An  Act  relative  to  vacations  of  members  of  police  Chan.625 

DEPARTMENTS  ELSEWHERE  THAN  IN  THE  CITY  OF  BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  three  of  chapter  two  hundred  and  ^^ii'^^^i 
ten  of  the  acts  of  the  year  nineteen  hundred  and  eleven 
is  hereby  amended  by  striking  out  the  words  "mayor  and", 
in  the  second  hne,  so  as  to  read  as  follows:  —  Section  3.  Acceptance 

of  act 

This  act  shall  take  effect  in  any  city  upon  its  acceptance 

by  the  city  council  or  corresponding  board  of  the  city,  and  in 

any  town  upon  its  acceptance  by  the  selectmen  of  the  town. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Ai)proved  Jidy  3,  1911. 

An  Act  to  authorize  the  town  of  west  bridgewater  (J]iQ^r,j  (326 
to  make  an  additional  water  loan. 

Be  it  enacted,  etc.,  as  follows: 

■  Section  1.  Section  one  of  chapter  one  hundred  and  §^1^ ^amended, 
thirty-eight  of  the  acts  of  the  year  nineteen  hundred  and 
ten  is  hereby  amended  by  inserting  after  the  word  "  Brock- 
ton", in  the  fourth  line,  the  words:  —  or  from  the  Bridge- 
waters  Water  Company  or  from  both  said  city  and  said 
company,  —  and  also  by  inserting  after  the  word  "city", 
in  the  fifth  line,  the  words:  —  or  said  water  company,  — 
so  as  to  read  as  follows :  —  Section  1 .     The  town  of  West  We«'  Bridge- 

T-,.,  I'lc  i-'ii-  •!  water  water 

Bridgewater  may  supply  itself  and  its  inhabitants  with  water  supply,  etc. 
for  the  extinguishment  of  fires  and  for  domestic,  manufac- 
turing and  other  purposes,  to  be  obtained  from  the  city  of 
Brockton,  or  from  the  Bridgewaters  Water  Company  or 
from  both  said  city  and  said  company  upon  such  terms  as 
may  be  agreed  upon  by  said  city  or  said  water  company  and 
said  town;  may  establish  fountains  and  hydrants  and  re- 
locate or  discontinue  the  same;  and  may  regulate  the  use 
of  such  water  and  fix  and  collect  rates  to  be  paid  therefor. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Apjnoved  Jidy  3,1911. 


Chap.627 


An  Act  relative  to  william  c.  capelle  and  william  d. 

hawley. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     William  C.  Capelle,  emploved  in  the  depart-  Retirement 
ment   of  the  adjutant  general,   and   William   D.   Hawley,  persons  in 


GDO  Acts,  1911.  — Chap.  028. 

iiip  fiiipiov  cmi)l()ye(l  in  the  department  of  the  auchtor  of  tlie  common- 
monwtii'ith.  Wealth,  wlio  havc  served  the  commonwealth  continuously 
for  more  than  foii;y-fiv«  years  antl  have  arrived  at  the  a^e 
of  seventy  years,  may,  with  the  ai)])roval  of  the  goxernor, 
be  retired  by  the  heads  of  the  departments  in  which  they 
are  respectively  eni})loyed,  with  an  amiuity  of  not  more 
than  fifty  per  cent  of  the  salary  paid  them  at  .the  time  of 
Proviso.  said  retirement:    pnnmhd,   however,  that  the  heads  of  the 

departments  in  which  they  are  now  res])ectively  em})loyed 
may  continue  them  or  either  of  tiiem  in  such  service  beyond 
the  age  limit  si)ecified  in  this  act  so  long  as  it  may  be  for 
the  interest  of  the  public  service  to  retain  them  or  either 
of  them. 

Section  2.     This  act  shall  take  eU'ect  u])on  its  passage. 

Approved  July  0,  1011. 

C/ta2).(j2S  An  Act  to  provide  for  the  control  and  regulation  of 

FRATERNAL   BENEFIT   SOCIETIES. 

Be  it  enacted,  etc.,  as  follows: 

INDEX. 

Sect.   1,  .  .          .          .  Defines  Fraternal  Beneficiary  Society. 

"  2,  .           .           .           .  Defines  Lod^o  System. 

"  3,  .           .           .           .  Defines  Re|)resenlative  Form  of  Goverumeut. 

"  4,  .           .          .          .  Exemption  from  Other  Laws. 

"5 Benefits. 

"  6,  .           .           .           .  Beneficiaries. 

"  7,  .           .           .           .  Elisiliility  to  Meml)ershi|). 

"  8,  .           .           .           .  Certificates  and  Contracts. 

"  9,  .           .           .           .  Funds  —  Source  and  Maintenance  of. 

"  10  and  11,                     .  Investments  and  Use  of  Funds. 

"  12,  .                                 .  Organization  .and  Incorporation. 

"  13,  ....  Reiiuiorporalion. 

"  11,  ....  Transfers  or  Mergers. 

"  15,  ....  License  to  transact  Business. 

"  10  antl  17,          .           .  Admission  to  Foreign  Society. 

"  IS,  I!)  and  L'O,               .  Mis(U'llaneous. 

"  21,  ....  F'ilin}>  Amendments  to  B,\--la\vs. 

"  22  and  2."{,          .           .  Animal  Slalements  and  Valuations. 

"  21,  20  and  27,   .           .  lOxanunations. 

"  2S,  ....  Revocation  of  Authority  of  Foreign  Society. 

"  2()a,           .           .           .  Sotueties  with  Limited  Mend)ershii}. 

"  29b,           .           .           .  Certain  Societies  e.\enipt. 

"     -M Taxes. 

"31 Penalties. 

<^'''*'"."  ,.  Section  1.     Any  corporation,  societx-,  order,  fraternitv, 

(i.ciiin.i  to        voluntary  association  or  other  organization  without  capital 

heny'u     '        stock,  orgaiuzcd  and  carried  on  solely  for  the  mutual  benefit 

of  its  members  or  their  beneficiaries,  and  not  for  profit,  and 

either  with  a  lodge  system  with  ritualistic  form  of  work 

and  representative  form  of  government,  or  without  a  lotlge 


Acts,  1911.  — CiiAr.  G28.  091 

system  under  the  direct  control  of  the  members,  and  which 
makes  provision  for  the  payment  of  death  or  disabihty 
benefits,  or  for  both,  is  hereby  deckred  to  be  a  fraternal 
benefit  society. 

Section  2.     Any  such  society  having  a  supreme  govern-  Societies 
ing  or  legislative  body,  and  subordinate  lodges  or  branches,  the  lodge 
by  whatever  name  known,  to  which  members  shall  be  elected,  '*^^^*''"- 
initiated  and  admitted  in  accordance  with  its  constitution, 
laws,  rules,  regulations  and  prescribed  ritualistic  ceremonies, 
which  subordinate  lodges  or  branches  shall  be  required  by 
the  laws  of  such  society  to  hold  regular  or  stated  meetings 
at  least  once  in  each  month,  shall  be  deemed  to  be  operating 
on  the  lodge  system. 

Section  3.  Any  such  society  shall  be  deemed  to  have  a  Form  of 
representative  form  of  government  wdien  it  shall  provide 
in  its  constitution  and  laws  for  a  supreme  legislative  or 
governing  body,  composed  of  representatives  elected  either 
by  the  members  or  by  delegates  elected  directly  or  indirectly 
by  the  members,  together  with  such  other  members  as  may 
be  prescribed  by  its  constitution  and  laws:  yrovided,  that  Provisos, 
the  elective  members  shall  have  not  less  than  two  thirds 
of  the  votes  nor  less  than  the  votes  required  to  amend  its 
constitution  and  laws;  and  ijrovldcd,  further,  that  the  meet- 
ings of  the  supreme  or  governing  body  and  the  election  of 
officers,  representatives  or  delegates  shall  be  held  as  often 
as  once  in  four  years.  The  members,  officers,  representatives 
or  delegates  of  a  fraternal  benefit  society  shall  not  vote  by 
proxy. 

Section  4.  Such  societies  shall  be  governed  by  this  act  ^1°,^^^^!^]^* 
and  shall  be  exempt  from  all  provisions  of  the  insurance  laws  provisions 
of  this  commonwealth,  except  section  one  himdred  of  chapter 
five  hundred  and  seventy-six  of  the  acts  of  the  year  nineteen 
hundred  and  seven,  not  only  in  governmental  relations  with 
the  state,  but  for  every  other  purpose,  and  no  law  hereafter 
enacted  shall  apply  to  them,  unless  they  are  expressly  des- 
ignated therein.  Except  as  provided  in  this  act  and  in 
Revised  Laws,  chapters  one  hundred  and  eighteen  and  one 
hundred  and  twenty,  and  amendments  to  said  chapters,  the 
transaction  of  an  insurance  business  in  this  commonwealth 
is  prohibited. 

Section  5.     Subsection  1.     Every    society    transacting  Payment  of 
business  under  this  act  may  provide  for  the  payment  of  ats,  etJ.*'"^ 
death  benefits,  and  may  provide  for  the  payment  of  benefits 
in  case  of  temporary  or  permanent  physical  disability,  either 


692 


Acts,  1911.  — Chap.  628. 


Provisos. 


Certain 

societies 
iiKiy  grant  ex- 
tcmled.  etc., 
protection. 


Proviso. 


Distrilnition 
of  surplus, 
etc. 


as  the  result  of  disease,  accident  or  old  age:  provided,  tluit 
the  i^eriod  of  life  at  which  the  pa>ment  of  benefits  for  disa- 
bility on  account  of  old  age  shall  commence  shall  not  be 
under  seventy  years.  Such  society  shall  have  the  power 
to  give  a  member,  when  permanently  disabled,  or  on  attaining 
the  age  of  seventy,  all,  or  such  portion,  of  the  face  value  of 
his  certificate  as  the  laws  of  the  society  may  provide;  yro- 
vidcd,  that  nothing  in  this  act  shall  be  so  construed  as  to 
prevent  the  issuing  of  benefit  certificates,  for  a  term  of  years 
less  than  the  whole  of  life,  which  are  payable  upon  the  death 
or  permanent  disability  of  the  member  occurring  within  the 
term  for  which  the  benefit  certificate  is  issued.  Such  society 
shall,  upon  written  application  of  a  member,  have  the  power 
to  accept  a  part  of  the  periodical  contributions  for  mortuary 
purposes  in  cash  and  charge  the  remainder,  not  exceeding 
one  half  of  the  periodical  contributions,  against  the  certificate, 
with  interest  payable  or  compounded  annually  at  a  rate 
not  lower  than  four  per  cent  per  annum,  provided,  that  this 
privilege  shall  not  be  granted  except  to  societies  which  have 
readjusted,  or  may  hereafter  readjust,  their  rates  of  conti-ilni- 
tions,and  to  contracts  aft'ected  by  such  readjustment,  and  pru- 
mdcd,  further,  that  the  yearly  amount,  and  the  amount  in  the 
aggregate  of  such  charges  against  the  certificates  of  membei*s, 
including  interest  charged,  as  cannot  be  collected  on  account 
of  the  lapsing  of  members  against  whose  certificates  such 
charges  have  been  made,  shall  be  stated  in  the  records  of 
the  proceedings  of  the  annual  or  other  regular  meetings 
of  the  society.  Such  society  now  pro^■iding  for  tombstones 
to  the  memory  of  deceased  members  may  continue  such 
provision,  but  not  at  an  expense  in  excess  of  one  hundred 
dollars  for  any  member. 

Subsection  2.  Any  society  which  shall  show  by  the 
annual  valuation  hereinafter  provided  for  that  it  is  accumu- 
lating and  maintaining  the  full  reserve  reciuired  by  a  table  of 
mortality  not  lower  than  the  American  Ex})erience  Table  and 
four  per  cent  interest,  may  grant  to  its  memliers  such  extended 
or  paid-up  protection  as  its  constitution  and  laws  may  ]>r()- 
vide:  provided,  that  such  grants  shall  be  e(iuitable,  and  shall 
in  no  case  exceed  in  value  the  ])orti()n  of  the  reserve  derived 
from  the  payments  of  the  individual  members  to  whom  they 
are  made. 

Subsection  3.  Whenever  the  actual  assets  of  a  society 
exceed  its  liabilities,  including  in  liabilities  the  net  value  of 
its  outstanding  contracts  computed  on  the  basis  specified  in 


Acts,  1911.— Chap.  628.  693 

subsection  two  of  this  section,  by  an  amount  equal  to  five 
per  cent  of  said  net  value,  such  society  may  make  an  equi- 
table distribution  of  any  surplus  in  excess  of  said  five  per 
cent  by  a  reduction  of  the  periodical  contributions  of  its 
members. 

Section  6.  Death  benefits  shall  be  payable  only  to  the  Death  bene- 
wife,  husband,  relative  by  blood,  father-in-law,  mother-in-  payable]  ^°"^ 
law,  son-in-law,  daughter-in-law,  stepfather,  stepmother,  ^^'^' 
stepchildren,  betrothed,  children  of  parents  by  legal  adoption 
of  or  to  a  person  or  persons  dependent  upon  the  member: 
provided,  that  if  after  the  issuance  of  the  original  certificate  Provisos. 
the  member,  his  wife  or  minor  children,  shall  become  de- 
pendent upon  an  incorporated  charitable  institution  or  upon 
a  home  situated  within  this  commonwealth  and  incorporated 
under  the  laws  thereof  and  maintained  and  supported  by 
any  secret  fraternity  or  order  for  the  care  and  maintenance 
of  its  aged,  infirm,  indigent  or  unfortunate  members,  or  for 
the  care  and  support  of  a  wife  or  widow  of  such  a  member, 
or  for  the  care,  support  and  education  of  minor  children  of 
such  members  or  of  deceased  members,  he  shall  have  the 
privilege,  with  the  consent  of  the  society,  of  making  such 
institution  or  home  his  beneficiarv  to  the  full  amount  becom- 
ing  due  or  payable  under  said  certificate,  or  to  the  extent  of 
the  amount  disbursed  for  the  benefit  of  said  member,  his 
wife,  widow  or  child,  by  such  charitable  institution  or 
home  at  the  rate  of  average  cost  of  maintenance  or  care 
thereof  during  the  period  such  member,  his  wife,  widow 
or  children  shall  be  so  cared  for,  together  with  any  sums 
expended  by  such  institution  or  home  for  assessments, 
dues,  tax  or  other  payments  by  reason  of  such  benefit  cer- 
tificate and,  subject  to  the  limitation  of  this  section,  another 
person  as  beneficiary  of  the  remainder.  Within  the  above 
restrictions  each  member  shall  have  the  right  to  designate 
his  beneficiary,  and,  from  time  to  time,  have  the  same 
changed  in  accordance  with  the  laws,  rules  or  regulations 
of  the  society;  and  no  beneficiary  shall  have  or  obtain  any 
vested  interest  in  the  said  benefit  until  the  same  has  become 
due  and  payable  upon  the  death  of  the  said  member;  jjro- 
vided,  that  any  society  may,  by  its  laws,  limit  the  scope 
of  beneficiaries  within  the  above  classes. 

If  a  benefit  certificate  has  been  lawfully  issued,  and  the  in  cases  of 
beneficiary  therein  named,  and  the  wife,  husband,  relative  benefidlry 
bv  blood,  father-in-law,  mother-in-law,  son-in-law,  daughter-  payment  may 

^  ''  '  '  '  ,  111      be  made  to 

in-law,    stepfather,    stepmother,    stepchildren,    betrothed,  another 


694 


Acts,  1911.  — CiiAr.  G28. 


Validity  of 
contract. 


Bpnpficial 
nifinbers 
may  be 
admitted. 


Proviso. 


Cortificnto  to 
Kpocify  tlio 
amount  of 
doalh  bene- 
fit, etc. 


children  or  parents  by  legal  adoption  of  or  to  a  person  or 
persons  dependent  npon  the  member  named  in  the  benefit 
certificate  have  all  died,  the  member,  with  the  consent  of 
the  officers  of  the  corporation,  and  under  such  rules  as  they 
may  prescribe,  may  have  any  other  person  su))stituted"as 
beneficiary  therein. 

No  contract  under  this  act,  except  where  an  incorporated 
charitable  in.stitiition  or  home  is  made  beneficiary  as  afore- 
said, shall  be  valid  which  shall  be  conditioned  upon  an  agree- 
ment or  understanding  that  the  person  to  whom  the  death 
benefit  is  made  payable  shall  pa}'  the  periodical  or  other 
contributions  of  the  meml^er. 

Section  7.  Any  society  may  admit  to  beneficial  member- 
ship any  person  not  less  than  sixteen  and  not  more  than 
sixty  years  of  age,  who  has  been  examined  by  a  legally  qual- 
ified physician  and  whose  examination  has  been  supervised 
and  approved  in  accordance  with  the  laws  of  the  society: 
provided,  that  any  member  of  such  society  who  shall  apply 
for  a  certificate  providing  for  benefits  on  account  of  disability 
from  sickness  or  injury,  or  death  by  accident  only,  need  not 
be  required  to  pass  a  medical  examination  therefor.  Nt)thing 
herein  contained  shall  prevent  such  society  from  accepting 
general  or  social  members. 

Section  8.  A  certificate  issued  by  any  such  society  shall 
specify  the  amount  of  death  benefit  provided  thereby;  and 
the  certificate,  the  charter  or  articles  of  incorporation  (or 
if  a  voluntary  association,  the  articles  of  association),  the 
constitution  and  laws  of  the  society  and  the  application 
for  membership  and  medical  examination,  if  any,  signed 
by  the  applicant,  and  all  amendments  to  each  thereof, 
shall  constitute  the  agreement  between  the  society  and  the 
member;  and  coi)ies  of  the  same  certified  by  the  secretary 
of  the  society  or  corresponding  officer,  shall  be  received  in 
evidence  of  the  terms  and  conditions  thereof.  Any  changes, 
additions  or  amendments  to  said  charter,  or  articles  of  in- 
corporation (or  articles  of  association  if  a  voluntary  associa- 
tion), constitution  or  laws  <luly  made  or  enacted  subse(|U(Mit 
to  the  issuance  of  a  benefit  certificate  shall  bind  the  nicnilu'r 
and  his  beneficiaries  and  shall  govern  and  control  the  agree- 
ment in  all  respects  in  the  same  manner  as  if  such  changes, 
additions  or  amendments  had  been  made  prior  to  and  were 
in  force  at  the  time  of  the  ajjplication  for  memborshi]\  The 
foregoing  ])n)visi()n  of  this  section  shall  in  (>ll"ect  be  incor])o- 
ratetl  in  every  benefit  certificate  hereafter  issued. 


Acts,  1911.  — Chap.  G28.  61)5 

Section  9.  Subsection  1.  Any  society  may  create,  Creation  of 
maintain,  invest,  disburse  and  apply  a  death  fund,  any  eu;!  ""^  ' 
part  or  parts  of  which  may  be  designated  and  set  apart 
as  an  emergency,  a  surplus  or  other  similar  fund,  and  a 
disability  fund  in  accordance  with  its  laws.  Such  funds 
shall  be  held,  invested  and  disbursed  for  the  use  and  benefit 
of  the  society,  and  no  member  or  beneficiary  shall  have  or 
acquire  individual  rights  therein,  or  become  entitled  to  any 
part  thereof,  except  as  provided  in  section  five  of  this  act. 
The  funds  from  which  benefits  shall  be  paid  shall  be  derived 
and  the  fund  from  which  the  expenses  of  the  society  shall  be 
defrayed  may  be  derived  from  periodical  or  other  payments 
by  the  members  of  the  society  and  accretions  of  said  funds: 
jiroinded,  that  no  society,  domestic  or  foreign,  shall  hereafter  Proviso. 
be  incorporated,  and  no  society  not  now  authorized  to  do 
business  in  this  commonwealth  shall  be  admitted  to  transact 
business  in  this  commonwealth,  wdiich  does  not  provide  for 
stated  periodical  contributions  sufficient  to  meet  the  mor- 
tuary obligations  contracted,  when  valued  upon  the  basis 
of  the  National  Fraternal  Congress  Table  of  IMortality  as 
adopted  by  the  National  Fraternal  Congress,  August  twenty- 
three,  eighteen  hundred  and  ninety-nine,  or  any  higher 
standard,  with  interest  assimiption  not  more  than  four  per 
cent  per  annum,  except  societies  providing  benefits  for 
disability  or  death  from  accident  only. 

Subsection  2.     Deferred    pavments    or    instalments    of  i^eferred 

*'  UciYiiipnts  to 

claims  shall  be  considered  as  fixed  liabilities  on  the  happening  becoDsidered 

p  , ,  ,  .  1  •    1  1  .  •       J     1  ,       liabilities  in 

01  the  contmgency  upon  which  such  payments  or  mstalments  certain 
are  thereafter  to  be  paid.  Such  liability  shall  be  the  present  '^'^^''^' 
value  of  such  future  payments  or  instalments  upon  the  rate 
of  interest  and  mortality  assumed  by  the  society  for  estab- 
lishing contributions  and  for  valuation;  and  every  society 
shall  at  once,  upon  the  filing  of  due  proofs  of  the  happening 
of  the  contingency,  set  apart  a  fund  to  meet  such  deferred 
payments,  regardless  of  proposed  future  collections  to  meet 
any  such  payments,  and  hold  such  fund,  with  its  interest 
accretions,  in  trust  for  the  beneficiary  entitled  thereto. 

No  society  shall  provide  for  such  deferred  payments  or  Deferred 
instalments  unless  it  possesses  the  full  reserve  specified  in  not™o%'e^ 
subsection  two  of  section  five  of  this  act,  or,  if  doing  an  ^xcJpt^etc. 
accident  business  only,  has  assets  sufficient  to  pay  all  its  lia- 
bilities. 

Section  10.     Every  society  shall  invest  its- funds  only  in  investment 
securities  permitted  by  the  laws  of  this  state  for  the  invest-  °^  fund's- 


096 


Acts,  1911.  — Chap.  628. 


Provisos. 


Proportion 
of  payments 
whicli  iiKiy 
be  used  f(ir 
expenses. 


Formation 
of  corpora- 
tion, etc. 


Agreement  of 
association 
to  state 
amount  of 
benefits  to  be 
paid,  etc. 


ment  of  the  capital  of  insurance  companies:  yrorided,  that 
any  foreign  society  permitted  or  seeking  to  do  business  in 
this  state,  which  invests  its  funds  in  accordance  with  the 
laws  of  the  state  in  which  it  is  incorporated,  shall  be  held  to 
meet  the  requirements  of  this  act  for  the  investment  of  funds; 
and  jJrovidcd,  that  a  part  thereof  not  exceeding  twenty  per 
cent  of  its  death  fimd  may  be  invested  in  a  building  for  use 
and  occupation  by  the  society  as  its  home  office. 

Section  11.  Every  provision  of  the  laws  of  the  society 
for  payment  by  members  of  such  society,  in  whatever  form 
made,  shall  distinctly  state  the  purposes  of  the  same  and  the 
proportion  thereof  which  may  be  used  for  expenses,  and  no 
part  of  the  money  collected  for  mortuary  or  disability  pur- 
poses or  the  net  accretions  of  either  or  any  of  said  funds 
.shall  be  used  for  expenses. 

Section  12.  a.  Seven  or  more  persons,  residents  of  this 
commonwealth,  may  form  a  corporation  for  the  purposes 
set  forth  in  this  act.  The  agreement  of  association  shall 
state  that  the  subscribers  thereto  associate  themselves  with 
the  intention  of  forming  a  corporation,  the  corporate  name 
assumed,  the  purpose  for  which  it  is  formed,  and  the  city  or 
town,  which  shall  be  in  this  commonwealth,  in  which  it  is 
established  or  situated.  The  name  shall  not  so  closely  resem- 
ble the  name  of  any  corporation  or  insurance  company  already 
transacting  business  in  this  state  as  to  mislead  the  public  or 
lead  to  confusion.  Any  lawful  social,  intellectual,  educational, 
charitable,  benevolent,  moral  or  religious  advantages  may  be 
set  forth  among  the  purposes  of  the  association. 

b.  In  case  the  corporation  limits  its  membership  to  the 
members  of  a  particular  fraternal  beneficiary  corporation, 
fraternity  or  religious  denomination,  or  to  the  employees  of 
cities  or  towns  or  of  the  commonwealth  or  the  federal  gov- 
ernment, or  to  the  employees  of  a  designated  firm,  business 
house  or  corporation,  or  of  any  department  of  a  designated 
firm,  business  house  or  corporation,  to  persons  of  the  same 
foreign  extraction  retaining  common  national  interests  and 
designation,  or  of  the  same  occupation,  the  agreement  of 
association  shall  state  the  maximum  amount  of  the  benefits 
to  be  paid,  and  designate  to  which  one  of  the  classes  herein 
specified  its  membership  is  to  be  limited.  A  corporation  so 
limiting  its  membership  may  be  on  the  lodge  system,  and  if 
not,  shall  be  governed  by  a  tlirect  vote  of  its  members  without 
the  lodge  system;  but  a  corporation  not  so  limiting  its 
membership  shall  be  on  the  lodge  system,  with  a  representa- 


Acts,  1911.  — CnAr.  G28.  697 

tive  form  of  government  as  defined  in  sections  two  and 
three  of  this  act. 

c.  The  first  meeting  of  the  associates  shall  be  called  by  a  First 
notice  signed  by  one  or  more  of  the  subscribers  to  the  agree-  ™''^  '°^' 
ment,  stating  the  time,  place  and  purpose  of  the  meeting; 

a  copy  of  which  notice  shall,  seven  days  at  least  before  the 
day  appointed  for  the  meeting,  be  given  to  each  subscriber 
or  left  at  his  usual  place  of  business  or  place  of  residence, 
or  deposited  in  the  post  office,  postpaid,  addressed  to  him 
at  his  usual  place  of  business  or  residence.  Whoever  gives 
such  notice  shall  make  an  affidavit  of  his  doings,  which  shall 
be  recorded  in  the  records  of  the  corporation.  At  such  first 
meeting,  including  any  reasonable  adjournment  thereof,  an 
organization  shall  be  effected  by  the  choice  by  ballot  of  a 
temporary  clerk,  who  shall  be  sworn,  and  by  the  adoption 
of  by-laws,  and  the  election  by  ballot  of  directors,  presi- 
dent, secretary  and  treasurer,  or  other  officers  correspond- 
ing thereto,  with  powers  and  duties  similar  to  those  of  such 
officers,  and  such  other  officers  as  the  by-laws  may  provide 
for;  but  at  such  election  no  person  shall  be  eligible  as  a 
director  or  other  officer  who  has  not  subscribed  the  agree- 
ment of  association.  The  temporary  clerk  shall  make 
and  attest  a  record  of  the  proceedings  until  the  secretary 
has  been  chosen  and  sworn,  including  a  record  of  such 
choice  and  qualification.  The  president,  secretary  and  a 
majority  of  the  directors,  or  other  officers  corresponding 
thereto,  shall  forthwith  make,  sign  and  swear  to  a  certifi- 
cate of  organization  in  duplicate,  setting  forth  a  true  copy 
of  the  agreement  of  association,  with  the  names  of  the 
subscribers  thereto,  the  date  of  the  first  meeting  and  of 
the  successive  adjournments  thereof,  if  any;  and  said 
certificate  of  organization  and  duly  certified  copy  of  the 
by-laws,  and  copies  of  all  proposed  forms  of  benefit  cer- 
tificates, applications  therefor  and  literature  to  be  issued 
by  the  corporation,  shall  be  filed  with  the  insurance  com- 
missioner, who  may  require  such  further  information  as 
he  deems  necessary;  and  if  the  purposes  and  by-laws  of  the 
association  conform  to  the  requirements  of  this  act  and 
all  its  provisions  have  been  complied  with,  the  insurance 
commissioner  shall  so  certify,  and  place  on  file  the  agree- 
ment of  association,  one  of  the  duplicate  certificates  of 
organization,  and  a  copy  of  the  by-laws  approved  by  him. 

d.  The   insurance    commissioner   shall    then    furnish   the  Theinsnr- 
incorporators  of  any  such  society,  if  on  the  lodge  plan, 


ance  com- 
missioner to 


698  Acts,  1911.  — Chap.  028. 

furnish  a         with  a  preliminary  license,  authorizing  it  to  solicit  mem- 

prpliminary         ,  i>i  i-  ^      •  •  •         •  t 

license,  etc.       ucrs   lor   the   piirposc   oi    completing   its   organization.     It 
shall  collect  from  each  applicant  the  amount  of  not  more 
.^,  than    one    periodical    benefit    assessment    or    payment,    in 

accordance  with  its  table  of  rates  as  provided  by  its  con- 
stitution  and   laws,   and   shall  issue  to  every  such   appli- 

Liabi%of       cant  a  receipt  for  the  amount  so  collected.     But  no  such 

associ|ion,  associatiou  shall  incur  any  liability  other  than  for  such 
advance  payments,  nor  issue  any  benefit  certificate,  nor 
pay  or  allow,  or  ofYer  or  promise  to  pay  or  allow,  to  any 
person  any  death  or  disability  benefit  until  actual  bona 
fide  applications  for  death  or  disability  benefit  certificates, 
as  the  case  may  be,  have  been  secured  from  at  least  five 
hundred  persons,  and  all  such  applicants  for  death  benefits 
shall  have  been  regularly  examined  by  legally  qualified 
practising  physicians,  and  certificates  of  such  examinations 
have  beeji  duly  filed  and  approved  by  the  chief  medical 
examiner  of  the  society;  nor  until  there  shall  be  established 
ten  subordinate  lodges  or  branches,  in  which  said  five  hun- 
dred applicants  have  l)een  initiated;  nor  until  there  has 
been  submitted  to  the  insurance  commissioner,  under  oath 
of  the  president  and  secretary  or  corresponding  officers  of 
such  society,  a  list  of  the  said  applicants,  giving  their  names, 
addresses,  date  of  examination,  date  of  approval,  date  of 
initiation,  name  and  number  of  the  subordinate  branch  of- 
which  each  applicant  is  a  member,  amount  of  benefits  to 
be  granted,  rate  of  regular  payments  or  assessments,  which 
for  societies  offering  death  benefits  shall  not  be  lower  for 
death  benefits  than  those  required  by  the  National  Fraternal 
Congress  Table  of  Mortality,  as  adopted  by  the  National 
r^raternal  Congress,  August  twenty-three,  eighteen  hundred 
and  ninety-nine,  or  any  higher  standard  at  the  option  of  the 
society,  with  an  interest  assumption  not  higher  than  four 
per  cent  per  annum ;  nor  until  it  shall  be  shown  to  the  insur- 
ance commissioner,  by  the  sworn  statement  of  the  treasurer 
or  corresponding  ofl^icer  of  such  society,  that  at  least  five 
hundred  api)li('aiits  for  death  benefits  ha\'e  each  paid  in 
cash  one  regular  payment  or  assessment  as  herein  provided, 
which  payments  in  the  aggregate  shall  amount  to  at  least 
two  thousand  five  hundred  dollars,  all  of  which  shall  be 
credited  to  the  mortuary  or  disability  fund  on  account 
of  the  ap])li('ants,  and  no  ])art  of  which  may  be  used  for 

Advance  cxpciises.     Said  advaiu'c  i)avments  shall,  during  tlie  i)eriod 

paymcnls  to  «  .         .  i        i      i  i    •  ■■  i     •!•     i       '  •  • 

be  held  In         or  organization,  be  held  in  trust  lor,  and,  il  tlie  organization 

trust,  etc. 


Acts,  1911.  — Chap.  G28.  G99 

is  not  completed  within  one  year  as  hereinafter  provided, 
returned  to,  said  applicants.  The  insurance  commissioner  Examination. 
niay  make  such  examination  and  require  such  further  in- 
formation as  he  deems  advisable,  and  upon  presentation 
of  satisfactory  evidence  that  the  society  has  complied  with 
all  the  provisions  of  this  act,  he  shall  issue  to  the  society 
a  certificate  to  that  efTect. 

e.  The  society,  if  not  to  be  on  the  lodge  plan,  shall  file  Certinrnteof 
a  certificate  of  organization,  with  the  certificate  of  the  in-  "d  be'fifeVi'u 
surance  commissioner  endorsed  thereon;   and  if  on  the  lodge  [jJe sec?etai-y    ' 
plan,  said  endorsed  certificate  of  organization,  and  in  addi-  ofthpco™- 

•  1  ,  'n  -11  !•••  If-      mon  wealth. 

tion  thereto  the  certificate  requn-ed  by  division  a  of  this 
section,  in  the  office  of  the  secretary  of  the  commonwealth, 
who,  upon  the  receipt  of  a  fee  of  five  dollars,  shall  cause  the 
same,  v/ith  the  endorsements,  to  be  recorded,  and  shall 
thereupon  issue  a  certificate  in  the  following  form:  — 

COMMONWEALTH  OF  MASSACHUSETTS. 

Be  it  known  that  whereas  [here  the  names  of  the  subscribers  to  Form  of  cer- 
the  agreement  of  association  shall  be  inserted]  have  associated  t"fip=ite  of  in- 
themselves  with  the  intention  of  forming  a  corporation  under  the  '"'^^p"^'''  '°°- 
name  of  [here  the  name  of  the  corijoration  shall  be  inserted],  for  the 
purpose  [here  the  purpose  declared  in  the  agreement  of  association 
shall  be  inserted],  and  have  complied  with  the  provisions  of  the 
statutes  of  the  commonwealth  in  such  case  made  and  provided,  as 
appears  from  the  certificate  of  the  officers  of  said  corporation,  duly 
certified  by  the  insurance  commissioner  and  recorded  in  this  office: 
now,  therefore,  I  [here  the  name  of  the  secretary  shall  be  inserted], 
secretary  of  the  commonwealth  of  Massachusetts,  do  hereby  cer- 
tify that  said  [here  the  names  of  the  subscribers  to  the  agreement 
of  association  shall  be  inserted],  their  associates  and  successors,  are 
legally  organized  and  established  as,  and  are  hereby  made  a  cor- 
poration, under  the  name  of  [here  the  name  of  the  corporation 
shall  be  inserted],  with  the  powers,  rights  and  privileges,  and  sub- 
ject to  the  limitations,  duties  and  restrictions  which  by  law  apper- 
tain thereto.  Witness  my  official  signature  hereunto  subscribed, 
and  the  seal  of  the  commonwealth  of  Massachusetts  hereunto 
affixed,  this  day  of  in  the'  year 

[In  these  blanks  the  day,  month  and  year  of  the  execution  of  the 
certificate  shall  be  inserted.] 

The  secretary  shall  sign  the  same  and  cause  the  seal  of  I5^° 'if/gf °/g^ 
the  commonwealth  to  be  affixed  thereto,  and  the  certificate  tary,  etc. 
shall  be  conclusive  evidence  of  the  existence  of  the  corpora- 
tion at  the  date  of  the  certificate.  He  shall  also  cause  a 
record  of  the  certificate  to  be  made,  and  a  certified  copy 
of  the  record  may  be  given  in  evidence,  with  like  effect  as 
the  original  certi'ficate. 


700 


Acts,  1911.  — Chap.  G28. 


Proceedings 
to  bo  void 
in  certain 
cases. 


Constitution 
and  by-laws. 


Purpose  of 
corporation 
may  be 
changed,  etc. 


Merger  or 
transfer. 


/.  If  any  association  whose  incorporation  is  provided  for 
in  tliis  section  fails  to  secure  its  certificate  of  incorporation 
and  to  begin  business  within  one  year  after  the  date  of 
receiving  the  certificate  of  the  insurance  commissioner,  as 
provided  in  division  c  of  this  section,  its  agreement  of  asso- 
ciation and  all  proceedings  thereunder  shall  become  null 
and  void;  and  if  any  domestic  corporation  subject  to  this 
act  ceases  to  do  business  for  the  period  of  one  year,  its  charter 
or  certificate  of  incorporation  shall  become  null  and  void. 

g.  Subject  to  the  provisions  of  this  act,  every  such  society 
incorporated  under  the  provisions  of  this  act  shall  have 
power  to  make  a  constitution  and  by-laws  for  the  govern- 
ment of  the  society,  admission  of  its  members,  management 
of  its  affairs,  and  the  fixing  and  readjusting  of  the  rates  and 
contributions  of  its  members  from  time  to  time,  and  to 
change,  alter,  add  to  or  amend  its  constitution  and  by-laws, 
and  such  other  powers  as  are  necessary  or  incidental  to  carry 
into  effect  the  objects  and  purposes  of  the  society. 

Section  13.  A  domestic  fraternal  benefit  corporation 
may,  with  the  approval  of  the  insurance  connnissioner, 
change  the  purposes  for  which  it  was  organized  so  as  to 
permit  it  to  transact  any  business  authorized  by  this  chapter. 
Upon  such  approval  the  presiding,  financial  and  recording 
officers,  and  a  majority  of  its  other  officers  having  the  powers 
of  directors,  shall  file  in  the  office  of  the  secretary  of  the 
commonwealth  a  certificate,  with  the  approval  of  the  insur- 
ance commissioner  indorsed  thereon,  setting  forth  the  change 
in  the  purposes  of  the  corporation.  The  secretary  of  the 
commonwealth  shall,  upon  receipt  thereof  and  upon  the 
receipt  of  five  dollars,  cause  such  certificate  to  be  filed  and 
recorded  in  his  office.  Such  action  shall  operate  to  reincor- 
porate the  corporation  hereunder,  but  reineorporatit)n  shall 
not  be  required.  Every  domestic  fraternal  beneficiary  cor- 
poration may  exercise  all  the  rights,  powers  and  privileges 
conferred  by  the  provisions  of  this  act,  including  the  powers 
specified  in  subsection  g  of  section  twelve  of  this  act,  or 
of  its  certificate  of  incorporation  or  charter,  not  inconsistent 
herewith,  and  shall  be  subject  to  the  provisions  of  this  act, 
as  if  reincorporated  hereunder. 

Section  14.  No  domestic  society  shall  merge  with  or 
accept  the  transfer  of  the  membership  or  funds  of  any 
other  society,  unless  such  merger  or  tronsfer  is  cAidcnced 
by  a  contract  in  writing,  setting  out  in  full  the  terms  and 
conditions  of   the  merger  or  transfer,   and   filed   with  the 


Acts,  1911.  — Chap.  628.  701 

insurance  commissioner,  together  with  a  sworn  statement 
of  the  financial  condition  of  each  of  said  societies,  by  its 
president  and  secretary  or  corresponding  officers,  and  a 
certificate  of  the  said  officers,  duly  verified  under  oath  of 
said  officers  of  each  of  the  contracting  societies,  that  the 
merger  or  transfer  has  been  approved  by  a  vote  of  two  thirds 
of  the  members  of  the  supreme  legislative  or  governing 
body  of  each  of  said  societies. 

Upon  the  submission  of  said  contract,   financial   state-  Examination 
ments   and   certificates,    the   insurance   commissioner   shall  ance^com-"^ 
examine  the  same,  and,  if  he  shall  find  the  said  financial  "[jf^'""*^^' 
statements  to  be  correct,  and  the  said  contract  to  be  in 
conformity  with  the  provisions  of  this  section,  and  that 
the  merger  or  transfer  is  just  and  equitable  to  the  members 
of  each  of  said  societies,  he  shall  approve  the  merger  or 
transfer,  issue  his  certificate  to  that  efi^ect,  and  thereupon 
the  said  contract  of  merger  or  transfer  shall  be  of  full  force 
and  eft'ect:   provided,  that  no  such  merger  proposed  by  two  Proviso, 
societies  not  incorporated  in  the  same  state  shall  go  into 
eft'ect  until  it  is  approved  by  the  insurance  commissioner,  or 
corresponding  officer,  of  each  state  incorporating  the  socie- 
ties involved  in  the  proposed  transaction,  nor  until  their 
joint   certificate   of   approval   of   the   contract  therefor  is 
issued. 

Section  15.     Foreign  societies  now  authorized  to  trans-  certain  for- 
act  business  in  this  commonwealth  may  continue  business  ml"  continue 
until  the  first  day  of  July  next  succeeding  the  passage  of  et"**'"'^^^' 
this  act,  and  the  license  of  such  societies  may  thereafter 
be  renewed  annually,  but  in  all  cases  to  terminate  on  the 
first  day  of  the  succeeding  July;    but  the  license  shall  con- 
tinue in  full  force  and  eft'ect  until  the  new  license  is  issued 
or  specifically  refused  by  the  insurance  commissioner.     For 
every  such  license  or  renewal  the  society  shall  pay  to  the 
insurance   commissioner  twenty   dollars.     A  duly   certified 
copy  or  duplicate  of  the  license  shall  be  prima  facie  evidence 
that  the  licensee  is  a  fraternal  beneficiary  society  within 
the  meaning  of  this  act. 

Section  1 6.     No  foreign  society  which  is  not  now  au-  Foreign  so- 
thorized  to  transact  business  in  this  state,  shall  transact  nowTcCitted 
any  business  herein  without  a  license  from  the  insurance  iTc'^nsedby 
commissioner.     Any  society,  organized  in  another  state  and  the^insurance 
applying  for  a  license  to  transact  business  in  this  common-  sioner,  etc. 
wealth,  shall  file  with  the  commissioner  a  duly  certified  copy 
of  its  charter  or  articles  of  association;    a  copy  of  its  con- 


702  Acts,  1011.  — Chap.  G28. 

stitiition  and  laws,  certified  by  its  secretary  or  correspond- 
ing officer;  a  power  of  attorney  to  the  commissioner,  as 
hereinafter  provided;  a  statement  of  its  business,  under 
oath  of  its  president  and  secretary  or  corresponding  officers, 
in  the  form  required  by  the  commissioner,  duly  verified 
by  an  examination  made  by  the  supervising  insurance 
official  of  its  home  state  or  other  state  satisfactory  to  the 
insurance  commissioner  of  this  commonwealth;  a  copy  of 
its  certificate  of  membership;  a  certificate  from  the  proper 
official  of  its  home  state,  territory,  district  or  country  that 
the  society  is  legally  organized;  and  the  society  shall  show 
that  benefits  are  provided  for  by  periodical  or  other  pay- 
ments by  persons  holding  similar  contracts,  and  that  its 
assets  are  invested  in  accordance  with  the  laws  of  the  state, 
territory,  district  or  country  where  it  is  organized,  and  that 
it  has  the  qualifications  reciuired  of  domestic  societies  on 
the  lodge  system  incorporated  under  this  act;  and  shall 
furnish  the  insurance  commissioner  such  other  information 
as  he  may  deem  necessary  for  the  proper  exhibit  of  its 
business  and  plan  of  working.  Upon  compliance  with  these 
requirements,  such  foreign  society  shall  be  entitled  to  a 
license  to  transact  business  in  this  commonwealth  until 
the  first  day  of  the  succeeding  July,  and  such  license  and  the 
license  of  any  foreign  society  now  authorizetl  to  transact 
business  in  this  commonwealth  shall,  upon  comjiliance  witli 
the  provisions  of  this  act,  be  renewed  annually,  but  in  all 
cases  to  terminate  on  the  first  day  of  the  succeeding  July: 
Provisos.  2)rovided,  however,  that  the  license  shall  continue  in  full  force 

and  eft'ect  until  the  new  license  be  issued  or  si)ecifieally 
refused.  For  every  such  license  or  renewal  the  society 
shall  pay  twenty  dollars.  When  the  connnissioiier  refuses 
to  license  any  society  or  revokes  its  authority  to  do  business 
in  this  commonwealth,  he  shall  reduce  his  ruling,  order  or 
decision  to  writing  and  file  the  same  in  his  office,  and  shall 
furnish  a  copy  thereof,  together  with  a  statement  of  his 
reasons,  to  the  officers  of  the  society  upon  request,  and 
the  action  of  the  commissioner  shall  be  reviewable  by  ])r<)|HM" 
proceedings  in  any  court  of  competent  jurisdiction  within 
this  commonwealth;  provided,  Jiowever,  that  nothing  con- 
tained in  this  or  the  preceding  section  shall  be  taken  or  con- 
strued as  preventing  the  society  from  contiiuiing  in  good 
faith  all  contracts  made  in  this  connnonwealth  during  the 
time  wiien  it  was  legally  authorized  to  transact  business 
herein. 


Acts,  1911.  — Chap.  G28.  703 

Section  17.  Every  foreign  society  applying  for  adniis-  Appointment 
siou  to  this  commonwealth  shall,  by  a  duly  executed  instru-  "  *  orney. 
ment  filed  in  the  office  of  the  insurance  commissioner,  con- 
stitute and  appoint  the  insurance  commissioner,  or  his 
successor,  its  true  and  lawful  attorney,  upon  whom  all 
lawful  processes  in  any  action  or  legal  proceeding  against 
it  may  be  served,  and  therein  shall  agree  that  any  lawful 
process  against  it,  which  may  be  served  upon  its  said  attorney, 
shall  be  of  the  same  force  and  validity  as  if  served  on  the 
society,  and  that  the  authority  thereof  shall  continue  in 
force  irrevocable  so  long  as  any  liability  of  the  company 
remains  outstanding  in  this  commonwealth.  The  service 
of  the  process  shall  be  made  by  leaving  the  same,  in  dupli- 
cate, in  the  hands  or  office  of  the  commissioner.  One  of 
the  duplicates  of  such  instrument,  certified  by  the  commis- 
sioner as  having  been  served  upon  him,  shall  be  deemed 
sufficient  evidence  thereof,  and  service  upon  the  said  attorney 
shall  be  deemed  service  upon  the  principal. 

When  legal  process  is  served  upon  the  commissioner  as  Service  of 
attorney  for  a  foreign  society,  he  shall  forthwith  forward  etc!*  process, 
one  of  the  duplicate  copies  of  process  served  on  him  to  its 
secretary,  or  corresponding  officer,  or  to  such  other  person 
as  may  have  been  previously  designated  by  the  society  by 
written  notice  filed  in  the  office  of  the  commissioner.  As 
a  condition  of  valid  and  effective  service  and  of  the  duty 
of  the  commissioner  in  the  premises,  the  plaintiff  in  every 
such  process  shall  pay  to  the  commissioner,  at  the  time  of 
service  thereof,  the  sum  of  two  dollars,  which  the  said  plaintiff 
shall  recover  as  taxable  costs  if  he  prevails  in  the  suit.  The 
commissioner  shall  keep  a  record  of  all  such  processes,  which 
shall  show  the  day  and  hour  of  service.  Legal  process  shall 
not  be  served  upon  any  such  society  except  in  the  manner 
and  upon  the  attorney  provided  for  herein,  and  no  such 
service  shall  be  valid  and  binding  upon  any  society  when 
it  is  required  thereunder  to  file  its  answer,  pleading  or 
defense  in  less  than  thirty  days  after  the  date  of  such 
service. 

Section  18.  Any  domestic  society  may  provide  that  the  where  meet- 
meetings  of  its  legislative  or  governing  body  may  be  held  hefd.'"'^^ 
in  any  state,  district,  province  or  territory  wherein  such 
society  has  subordinate  branches,  and  all  business  transacted 
at  such  meetings  shall  be  as  valid  in  all  respects  as  if  such 
meetings  were  held  in  this  commonwealth.  But  its  principal 
office  shall  be  situated  in  this  commonwealth. 


701 


Acts,  1911.  — Chat.  628. 


Provisions  of 
constitution 
and  bylaws. 


Money,  etc., 
not  lial)Ie  to 
attachment, 
etc. 


Copies  of 
anieiulincnts 
to  constitu- 
tion, etc.,  to 
be  tiled,  etc. 


Annual 

statement. 


Report  to  the 
insurance 
commis- 
sioner, etc. 


Section  19.  The  constitution  and  by-laws  of  the  society 
shall  provide  that  no  subordinate  body,  nor  any  of  its 
subordinate  officers  or  members  shall  have  power  or  author- 
ity to  waive  any  of  the  provisions  of  its  laws  and  constitu- 
tion, and  there  shall  be  otherwise  no  waiver  excepting  as 
the  constitution  and  by-laws  of  the  supreme  body  shall 
specifically  permit,  and  the  constitution  and  laws  shall  be 
binding  on  the  society,  on  every  member  thereof,  and  on 
all  beneficiaries  of  members. 

Section  20.  No  money  or  other  benefit,  charity  or  relief 
or  aid  to  be  paid,  provided  or  rendered  by  any  such  society 
shall  be  liable  to  attachment,  garnishment,  trustee  or  other 
process,  or  be  seized,  taken,  appropriated  or  applied  by  any 
legal  or  equitable  process  or  operation  of  law  to  pay  any 
debt  or  liability  of  a  member  or  beneficiary,  or  of  any  other 
person  who  may  have  a  right  thereunder,  either  before  or 
after  payment. 

Section  21,  The  recording  officer  of  every  society  trans- 
acting business  under  this  act  shall  file  with  the  insurance 
commissioner  a  duly  certified  copy  of  all  amendments  of 
or  additions  to  its  constitution  and  laws,  in  the  English 
language,  within  ninety  days  after  the  enactment  of  the 
same.  Printed  copies  of  the  constitution  and  laws,  as 
amended,  changed  or  added  to,  certified  by  the  secretary 
or  corresponding  officer  of  the  society,  shall  be  prima  facie 
evidence  of  the  same  and  of  the  legal  adoption  thereof. 

Section  22.  a.  Every  society  transacting  business  in  this 
state  shall  annually,  on  or  before  the  first  day  of  JNlarch, 
file  with  tlie  insurance  commissioner,  in  such  form  as  he 
may  require,  a  statement  under  oath  of  its  president,  secre- 
tary, treasurer  and  chief  accountant  or  corresponding  officers, 
of  its  condition  and  standing  on  the  thirtv-first  dav  of  De- 
cember  next  preceding,  and  of  its  transactions  for  the  year 
ending  on  that  date;  and  also  shall  furnish  such  other 
information  as  the  commissioner  may  deem  necessary  to  a 
proper  exhibit  of  its  business  and  plan  of  working.  The 
commissioner  may  at  other  times  require  any  further  state- 
ment relating  to  such  societv  which  he  mav  deem  necessarv. 

b.  In  addition  to  the  annual  report  herein  required, 
every  society  on  the  lodge  system  and  authorized  to  pay 
benefits  in  this  commonwealth  ui)on  the  death  of  its  mem- 
bers, except  those  societies  which  do  not  jxiy  benefits  for 
death  from  natural  causes,  shall  annually  rei)ort  to  the 
insurance  commissioner  a  valuation  of  its  certificates  pro- 


Acts,  1911.  — Chap.  G28.  705 

viding  for  death  benefits  in  force  on  December  thirty-first 
hist  preceding:  provided,  that  the  first  report  of  valuation  Proviso. 
shall  be  made  as  of  December  thirty-one,  nineteen  hundred 
and  twelve.  The  said  report  of  valuation  shall  show,  as 
contingent  liabilities,  the  present  mid-year  value  of  the  death 
benefits  promised  in  the  outstanding  contracts  of  the  society, 
and,  as  contingent  assets,  the  present  mid-year  value  of  the 
future  net  mortuary  contributions  provided  in  the  constitu- 
tion and  laws  as  the  same  are  in  practice  actually  collected, 
not  including  therein  any  value  for  the  right  to  make  extra 
assessments. 

At  the  option  of  any  such  society,  in  lieu  of  the  above,  valuation  to 
the  valuation  may  show  the  net  mid-year  value  of  the  factl.eTc!^'" 
outstanding  contracts,  and  said  net  value,  when  computed 
in  case  of  monthly  contributions,  may  be  the  mean  of  the 
terminal  values  for  the  end  of  the  preceding  and  of  the 
current  insurance  years,  the  right  to  make  extra  assess- 
ments being  excluded  from  consideration.  The  valuation  Certification 
shall  be  certified  by  a  competent  accountant  or  actuary,  antretc"" 
or  at  the  request  and  expense  of  the  society,  verified  by 
the  actuary  of  the  department  of  insurance  of  the  home 
state  of  the  society,  and  shall  be  filed  with  the  insurance 
commissioner  on  or  before  the  thirtieth  day  of  April  after  the 
submission  of  the  last  preceding  annual  report.  The  legal 
minimum  standard  of  valuation  shall  be  the  National  Frater- 
nal Congress  Table  of  Mortality,  as  adopted  by  the  National 
Fraternal  Congress,  August  twenty-three,  eighteen  hundred 
and  ninety-nine;  or,  at  the  option  of  the  society,  any  higher 
mortality  table;  or,  at  its  option,  it  may  use  a  mortality 
table  based  on  the  society's  own  experience  of  at  least  twenty 
years,  and  covering  not  less  than  one  hundred  thousand 
lives,  with  interest  assumption  not  higher  than  four  per  cent 
per  annum,  whichever  mortality  table  is  adopted.  Every 
such  valuation  report  shall  set  forth  clearly  and  fully  the 
mortality  and  interest  basis  and  the  method  of  valuation. 
Any  society  providing  for  disability  or  accidental  death 
benefits,  or  both,  shall  keep  the  net  contributions  for  such 
benefits  in  a  fund  separate  and  apart  from  all  other  benefit 
and  from  expense  funds.  The  valuation  herein  provided 
for  shall  not  be  considered  or  regarded  in  any  action  that 
may  arise  as  a  test  of  the  financial  solvency  of  the  society, 
but  each  society  shall  be  held  to  be  legally  solvent  so  long 
as  the  funds  in  its  possession  are  equal  to  or  in  excess  of  its 
liabilities,  not  including  in  the  term  "liabilities",  except 


/ 


706 


Acts,  1911.  — Chap.  628. 


Report  to  be 
made  to  tlie 
governing 
body,  etc. 


Additional 
contributions 
may  ))e 
collected  in 
certain 
cases,  etc. 


Deficiency, 
etc. 


as  provided  in  section  twenty-three,  any  charge  for  reserve 
computed  as  in  this  section  required. 

Beginning  with  the  year  nineteen  hundred  and  fourteen, 
a  report  of  such  valuation  and  an  explanation  of  the  facts 
concerning  the  condition  of  the  society  therel)y  disclosed, 
shall  be  sent  to  each  member  of  the  governing  body  of  the 
society  not  later  than  June  first  of  each  year;  or,  in  lieu 
thereof,  such  report  of  valuation  and  showing  of  the  society's 
condition  as  thereby  disclosed  may  be  published  in  the 
society's  official  paper,  and  the  issue  containing  the  same 
shall  be  mailed  to  each  beneficiary  member  of  the  society. 

If  the  stated  periodical  contributions  of  the  members 
of  such  society  are  insufficient  to  pay  all  reported  death 
and  disability  claims  in  full,  and  to  provide  for  the  creation 
and  maintenance  of  the  funds  required  by  its  laws,  or  by 
the  provisions  of  this  act,  additional  contributions  or  addi- 
tional, increased  or  extra  rates  of  contribution  shall  be 
collected  from  its  members  to  meet  the  deficiency,  and 
the  laws  of  the  society  shall  so  provide,  and  such  laws  may 
provide  that  upon  the  written  application  or  consent  of  the 
member  his  certificate  may  be  charged  with  its  proportion 
of  any  deficiency  disclosed  by  valuation,  with  interest  not 
exceeding  five  per  cent  per  annum. 

Section  23.  If  the  valuation  of  the  certificates,  as  here- 
inbefore provided,  on  December  thirty-first,  nineteen  hun- 
dred and  seventeen,  shall  show  that  the  present  value  of 
future  net  contributions,  together  with  the  admitted  assets, 
is  less  than  ninety  per  cent  of  the  present  value  of  the  prom- 
ised benefits  and  accrued  liabilities,  the  society  shall  be 
required  thereafter  to  reduce  such  deficiency  by  not  less 
than  five  per  cent  of  the  total  deficiency  on  said  December 
thirty-first,  nineteen  hundred  and  seventeen;  and  thereafter 
shall  show  at  each  succeeding  triennial  valuation  that  the 
total  deficiency  of  said  December  thirty-first,  nineteen  hun- 
dred and  seventeen,  has  been  reduced  at  least  an  additional 
five  per  cent.  If  at  any  succeeding  triennial  valuation, 
the  society  does  not  show  such  percentage  of  im]iro\'ement, 
the  commissioner  shall  direct  that  it  thereafter  comply 
with  the  requirements  herein  specified.  If  the  next  succeed- 
ing triennial  \'aluation  after  the  receipt  of  such  notice  shall 
show  that  the  society  has  not  made  the  percentage  of  im- 
l)r()vement  required  herein,  the  connnissioner  may,  in  the 
ab.sence  of  good  cause  shown  for  such  failure,  institute  ])ro- 
ceedings  for  the  dissolution  of  the  society,  in  accordance 


Acts,  1911.  — Chap.  028.  '     707 

with  the  provisions  of  section  twenty-four  of  this  act,  or,  in 
the  case  of  a  foreign  society,  he  may  cancel  its  Hcense  to 
transact  business  in  this  state. 

Any  such  society,  shown  by  any  triennial  valuation,  sub-  Proceedings 
sequent  to  December  thirty-first,  nineteen  hundred  and  defic^en^'cy, 
seventeen,  not  to  have  made  the  improvement  herein  re-  ®*^*'" 
quired  shall,  within  one  year  thereafter,  complete  the  im- 
provement, or  thereafter,  as  to  all  new  members  admitted, 
be  subject,  so  far  as  stated  rates  of  contribution  are  con- 
cerned, to  the  provisions  of  section  twelve  of  this  act,  ap- 
plicable to  the  organization  of  new  societies;  and  the  con- 
tributions and  funds  of  such  new  members  shall  be  kept 
separate  and  apart  from  the  other  funds  of  the  society  until 
the  required  improvement  shall  be  shown  by  valuation.  If 
such  required  improvement  is  not  shown  by  the  succeeding 
triennial  valuation,  then  the  said  new  members  may  be 
placed  in  a  separate  class  and  their  certificates  valued  as 
an  independent  society  in  respect  of  contributions  and  funds: 
provided,  that  nothing  in  this  section  or  in  division  b  of  Proviso- 
section  twenty-two  shall  be  construed  as  requiring  a  valua- 
tion of  any  society  now  authorized  in  this  commonwealth 
which  regularly  pays  benefits  by  post  mortem  assessments 
of  the  same  amount  levied  upon  each  member,  or  which 
confines  its  membership  to  one  religious  denomination. 

Section  24.  The  insurance  commissioner,  or  any  person  inspection 
whom  he  may  appoint,  shall  have  power  to  inspect  and  gatio'njetc! 
investigate  the  affairs  of  any  domestic  society.  He  may 
employ  assistants  for  the  purpose  of  such  investigation, 
and  he,  or  any  person  whom  he  may  appoint,  shall  have 
free  access  to  all  the  books,  papers  and  documents  that 
relate  to  the  business  of  the  society,  and  may  summon  and 
qualify  as  witnesses  under  oath  and  examine  its  officers, 
agents  and  employees,  and  other  persons,  in  relation  to  the 
affairs,  transactions  and  condition  of  the  society. 

Whenever  after  examination  the  insurance  commissioner  Certain  facts 
is  satisfied  that  any  domestic  society  has  failed  to  comply  sented  to  the 
with  any  provisions  of  this  act,  or  is  exceeding  its  powers,  geneTalfetc. 
or  is  not  carrying  out  its  contracts  in  good  faith,  or  is  trans- 
acting  business   fraudulently,    or   whenever   any   domestic 
society,  after  the  existence  of  one  year  or  more,  shall  have  a 
membership  of  less  than  four  hundred,  or  shall  determine 
to  discontinue  business,   the  insurance  commissioner  may 
present  the  facts  relating  thereto  to  the  attorney-general, 
who  shall,  if  he  deem  the  circumstances  warrant,  begin  a 


708 


Acts,  1911^  — Ciiai\  G28. 


Notice  to  be 
served  by 
the  attorney- 
general. 


Applications 
for  injunc- 
tion to  be 
made  by 
tlie  attorney- 
general. 


Examination 
of  foreign 
societies. 


Suspension, 
etc. 


quo  warranto  proceeding  in  a  court  of  competent  jurisdic- 
tion; and  the  court  shall  thereupon  notify  the  officers  of 
the  society  of  a  hearing,  and  if  it  shall  then  api^ear  that  the 
society  should  be  closed,  the  society  shall  be  enjoined  from 
carrying  on  any  further  business,  and  some  person  shall 
be  appointed  receiver  of  the  society,  and  shall  proceed  at 
once  to  take  possession  of  the  books,  papers,  moneys  and  other 
assets  of  the  society,  and  shall  forthwith,  under  the  direction 
of  the  court,  proceed  to  close  the  affairs  of  the  society  and 
to  distribute  its  funds  to  those  entitled  thereto. 

No  such  proceeding  shall  be  begun  by  the  attorney- 
general  against  any  such  society  until  after  notice  has  duly 
been  served  on  the  chief  executive  officers  of  the  society 
by  the  insurance  commissioner,  and  a  reasonable  oppor- 
tunity given  to  it,  on  a  date  to  be  named  in  the  notice,  to 
show  cause  to  the  commissioner  why  such  proceedings 
should  not  be  begun. 

Section  25.  No  application  for  injunction  against  or 
proceedings  for  the  dissolution  of  or  the  appointment  of 
a  receiver  for  any  such  domestic  society  or  branch  thereof 
shall  be  entertained  by  any  court  in  this  state  unless  the 
same  is  made  by  the  attorney-general. 

Section  26.  The  insurance  commissioner,  or  any  person 
whom  he  may  appoint,  may  examine  any  foreign  society 
transacting,  or  applying  for  admission  to  transact,  business 
in  this  commonwealth.  The  commissioner  may  employ 
assistants,  and  he,  or  any  person  whom  he  may  appoint, 
shall  have  free  access  to  all  the  books,  papers  and  docu- 
ments that  relate  to  the  business  of  the  society,  and  may 
summon  and  qualify  as  witnesses  under  oath  and  examine 
its  officers,  agents  and  employees,  and  other  persons,  in 
relation  to  the  affairs,  transactions  and  condition  of  the 
society.  He  may,  in  his  discretion,  accept  in  lieu  of  such 
examination  the  examination  of  the  insurance  department 
of  the  state,  territory,  district  or  coimtry  where  the  society 
is  organized.  The  actual  expenses  of  the  examiners  who 
make  a;iy  such  examination  shall  be  paid  by  the  society, 
upon  a  statement  furnished  by  the  insurance  commissioner. 

If  any  such  society  or  its  officers  refuse  to  submit  to  such 
examination,  or  to  comply  with  the  provisions  of  this  section 
relative  thereto,  the  authority  of  such  society  to  write  new 
business  in  this  state  shall  be  suspended,  or  its  license  re- 
fused, until  satisfactory  evidence  is  furnished  to  tlie  com- 
missioucr  relating  to  the  condition  and  affairs  of  the  society, 


Acts,  1911.  — Chap.  628.  709 

and  during  such  suspension  the  society  shall  not  write  new 
business  in  this  commonwealth. 

Section  27.     Pending,   during  or  after  an  examination  statement 
or   investigation   of   any   such   society,   either  domestic   or  status'"!;/'' 
foreign,  the  insurance  commissioner  shall  make  public  no  10*116  m<ade 
financial  statement,  report  or  finding  affecting  the  status,  ""*''■  '^^''^ 
standing  or  rights  of  the  society,  until  a  copy  thereof  shall 
have  been  served  upon  the  society  at  its  home  office,  and  the 
society  shall  have  been  afforded  a  reasonable  opportunity  to 
be  heard  regarding  such  financial  statement,  report  or  finding; 
but  the  insurance  commissioner  may  use  such  facts  as  may 
come  into  his  possession  for  the  purpose  of  securing  an  in- 
junction as  provided  in  section  twenty-five  of  this  act. 

Section  28.     When  the  insurance  commissioner,  on  in-  Duties  of  tue 
vestigation,  is  satisfied  that  any  foreign  society  transacting  commls-'^^ 
business  under  this  act  has  exceeded  its  powers,  or  has  failed  ^  societT'^hrs 
to  comply  with  any  provision  of  this  act,  or  is  conducting  J^"*/'Jj"y 
business  fraudulently,  or  is  not  carrying  out  its  contracts  with  law, 
in  good  faith,  he  shall  notify  the  society  of  his  findings,  and 
state  in  writing  the  grounds  of  his  dissatisfaction  and,  after 
reasonable  notice,  shall  require  the  society,  on  a  date  named, 
to  show  cause  why  its  license  should  not  be  revoked.     If, 
on  the  date  named  in  said  notice,  such  objections  have  not 
been  removed  to  the  satisfaction  of  the  commissioner,  or  the 
society  does  not  present  good  and  sufficient  reasons  why  its 
authoritv  to  transact  business  in  this  commonwealth  should 
not  at  that  time  be  revoked,  he  may  revoke  the  authority 
of  the  society  to  continue  business  in  this  commonwealth. 
All  decisions  and  findings  of  the  commissioner  made  under 
the  provisions  of  this  section  may  be  reviewed  by  proper 
proceedings  in  any  court  of  competent  jurisdiction,  as  pro- 
vided in  section  sixteen  of  this  act. 

Section  29.  a.  Domestic  corporations  as  described  in  Domestic 
section  one  of  this  act,  governed  by  direct  vote  of  their  ^J*^'^'°^■'1t'""S' 
members  and  limiting  their  membership  as  provided  in 
division  b  of  section  twelve,  and  domestic  corporations 
limiting  their  membership  to  the  permanent  employees  of 
towns  or  cities,  the  commonwealth  or  the  federal  government 
and  not  paying  death  benefits  but  paying  annuities  or  gra- 
tuities contingent  upon  disability  or  long  service,  may  con- 
tinue to  transact  business  in  this  commonwealth.  Such 
corporations  and  like  societies  incorporated  under  the  pro- 
visions of  this  act  shall  be  governed  by  sections  four,  six, 
eleven,  twelve  so  far  as  the  same  are  applicable,  thirteen. 


710  Acts,  1911.  — Chap.  628. 

Domestic  twentv,    divIsion    a   of    section    twenty-two,    and    sections 

corporations,  *'  '  "^        ,  .  ,  . 

etc.  twenty-iour,  twenty-tive,  twenty-seven,  thirty,  thirty-one, 

thirty-two,  thirty-three  and  thirty-four  of  this  act,  and  in 
addition  by  the  following  provisions:  The  officers  of  such 
limited  corporations  shall  be  elected  by  ballot  by  the 
members  as  often  as  once  in  two  years.  Proxies  shall  not 
be  used  in  voting.  No  person  under  sixteen  years  of  age 
shall  be  admitted  to  membership.  The  recording  officer  of 
such  a  corporation  shall  file  with  the  insurance  commis- 
sioner amendments  to  its  by-laws,  in  English,  within  thirty 
days  after  their  adoption.  Such  equitable  assessments, 
either  periodical  or  otherwise,  shall  be  made  upon  the 
members  as  shall  be  necessary  to  carry  out  the  purposes  of 
the  organization.  Paid  agents  shall  not  be  employed  in 
soliciting  or  procuring  members,  except  that  corporations 
which  limit  their  certificate  holders  to  a  particular  fraternity 
may  pay  members  for  securing  new  members,  and  any  cor- 
poration may  pay  local  collectors;  but  any  such  corporation 
hereafter  formed,  unless  it  confines  its  membership  to  that 
of  a  particular  fraternity  in  any  one  county  or  to  a  lodge  of 
some  fraternity,  shall  not  contract  to  pay  benefits  to  its 
members  until  it  shall  satisfy  the  insurance  commissioner 
that  it  has  received  at  least  five  hundred  bona  fide  applica- 
tions for  membership.  With  the  approval  of  the  insurance 
commissioner  in  writing,  and  the  consent  of  each  corporation 
expressed  by  vote  at  a  duly  called  meeting,  any  such  cor- 
poration may  transfer  its  membership  and  funds  to  any 
authorized  similar  corporation. 
?o'ifcorning^  />.  A  doiiiestic  fratcmal  beneficiary  society,  as  defined  in  sec- 

societii-s  "tij^j^  Qi^g  of  tliis  act,  wlictlier  incorporated  or  unincori:)orated, 

which  .no  .,.,,...  ,  ,  .  ^.  ,,.,..    .  ,      p 

rondii.icd  for  whicli  limits  its  membership  as  provided  in  division  b  or  section 
inisincsK  pur-  twclvc;  or  a  secret  orderor  fraternity, which  order  or  fraternity 
poses,  etc.  operates  on  the  lodge  system  with  a  rel)rescntati^•e  form  of 
government  and  grants  insurance  benefits  as  incidental  only 
to  the  work  of  the  order  or  fraternity;  or  a  purely  charitable 
association  or  corporation  existing  on  the  twenty-third  day 
of  ]\Iav,  nineteen  hundred  and  one,  anv  one  of  which  i)avs  a 
death  or  funeral  benefit  liinit(>(l  to  not  more  than  two  hundred 
dollars,  disability  benefits  not  exceeding  ten  dollars  ])er  week, 
or  anv  or  all  of  such  benefits,  and  which  is  not  conducted  as 
a  business'  enterprise  or  for  profit,  and  a  subordinate  lodge 
of  a  secret  fraternity  or  order  as  defined  in  this  section  which 
is  not  conducted  as  a  business  enterprise  or  for  ]irofit  and 
which  i)ays  death  benefits  to  families  or  dependents  of  de- 


Acts,  1911.  — Chap.  G28.  711 

ceased  members  as  fixed  by  its  by-laws,  but  not  more  than 
two  hundred  dollars  if  the  lodge  membership  is  two  hundred 
or  less,  and  if  over  two  hundred  not  in  excess  of  the  amount 
of  an  assessment  of  one  dollar  upon  each  member  thereof 
in  good  standing  at  the  time  of  the  death  of  the  member, 
and  a  society  which  confines  its  membership  to  members  of 
organizations  as  defined  in  section  eighteen  of  chapter  one 
hundred  and  six  of  the  Revised  Laws,  and  which  embraces 
therein  only  persons  of  the  same  occupation,  may  transact 
business  in  this  commonwealth  without  conforming  to  the 
provisions  of  this  act  or  other  acts  relating  to.  insurance 
companies,  except  division  b  of  this  section;  but  section 
twenty  and  division/  of  section  twelve  also  shall  be  applicable 
to  such  societies,  if  they  are  incorporated. 

The  recording  officer  of  any   organization  claiming  ex-  certain  or- 
emption  under  this  section  shall  file  a  certified  copy  of  its  fo  fiie"copy^ 
by-laws    with    the    insurance    commissioner,    whenever    he  of  by-laws. 
shall  so  require  in  writing.     Failure  thus  to  file  the  same 
shall   subject   the   said   recording   officer   and   organization 
to  a  fine  of  not  more  than  two  hundred  dollars. 

Any   fraternal   organization   transacting   business   within  Payment  in 
the  limitations  of  division  b  of  this  section  may,  in  the  event  o?  wi'feor''^ 
of  the  death  of  the  wife  of  a  member,  pay  to  said  member  member. 
■a  part  of  the  amount  payable  at  said   member's  death: 
provided,  that  the  amount  so  paid  shall  be  deducted  from  Proviso. 
the  amount  payable  at  the  member's  death,  and  that  the 
total  amount  so  paid,  both  at  the  death  of  the  member 
and  of  the  member's  wife,   shall  not  exceed  the  amount 
allowed  by  division  6  of  this  section  to  be  paid  at  the  death 
of   a   member.     Any   such   organization   may   also   furnish 
physicians  and  nurses  for  its  members. 

Anv  such  limited  association  may  be  incorporated,  and  Not  to  apply 

'  III  coi'tjiin 

limited  fraternal  beneficiary  corporations  may  be  formed,  cases. 
in  the  manner  prescribed  in  and  subject  to  section  twelve 
of  this  act,  except  that  division  d  of  said  section  shall  not 
apply  thereto. 

Section  30.     Every  fraternal  beneficiary  society  organ-  Kxemption 
ized  or  licensed  under  this  act  shall  be  exempt  from  all  taxation. 
state,  county,  district,   municipal  and  school  taxes,   other 
than  taxes  on  real  estate  and  office  equipment. 

Section  31,     Any  person,  officer,  member  or  examining  Penalties. 
physician  of  any  society  authorized  to  do  business  under 
this  act  who ,  shall  knowingly  or  wilfully  make  any  false 
or  fraudulent  statement  or  representation  in  or  with  refer- 


712 


Acts,  1911.  — CnAr.  G28. 


Penalties. 


Same. 


Same. 


Provisions 
of  act  not  to 
b(i  construed 
as  new 
enactments, 
etc. 


ence  to  any  application  for  membership,  or  for  the  purpose 
of  obtaining  money  from  or  benefit  in  any  society  trans- 
acting business  under  this  act,  shall  be  guilty  of  a  misde- 
meanor, and  shall  be  punished  by  a  fine  of  not  less  than  one 
hundred  nor  more  than  five  hundred  dollars,  or  by  impris- 
onment in  the  county  jail  for  not  less  than  thirty  days  nor 
more  than  one  year,  or  both,  in  the  discretion  of  the  court; 
and  any  person  who  shall  wilfully  make  a  false  statement 
of  any  material  fact  or  thing  in  a  sworn  statement  as  to  the 
death  or  disability  of  a  certificate  holder  in  any  such  so- 
ciety for  the  purpose  of  procuring  payment  of  a  benefit 
named  in  the  certificate  of  such  holder,  and  any  person 
who  shall  wilfully  make  any  false  statement  in  any  veri- 
fied report  or  declaration  under  oath  required  or  author- 
ized by  this  act,  shall  be  guilty  of  perjury,  and  shall  be 
proceeded  against  and  punished  as  provided  by  the  statutes 
of  this  state  in  relation  to  the  crime  of  perjury. 

Any  person  who  shall  solicit  membership  for,  or  in  any 
manner  assist  in  procuring  membership  in,  any  fraternal 
beneficiary  society  not  licensed  to  do  business  in  this  state, 
or  who  shall  solicit  membership  for,  or  in  any  manner  assist 
in  procuring  membership  in,  any  such  society  not  author- 
ized as  herein  provided  to  do  business  as  herein  defined 
in  this  state,  shall  be  guilty  of  a  misdemeanor,  and  shall . 
be  punished  by  a  fine  of  not  less  than  fifty  nor  more  than 
two  hundred  dollars. 

Any  society,  or  any  officer,  agent  or  employee  thereof, 
neglecting  or  refusing  to  comply  with,  or  violating  any 
provision  of  this  act,  the  penalty  for  which  neglect,  refusal 
or  violation  is  not  specified  in  this  section,  shall  be  punished 
by  a  fine  not  exceeding  two  hinidred  dollars. 

Section  32.  The  provisions  of  this  act  so  far  as  they 
are  the  same  as  those  of  existing  laws  shall  be  construed 
as  a  continuation  of  such  laws,  and  not  as  new  enactments; 
and  the  repeal  by  this  act  of  any  provision  of  law  shall 
not  affect  any  act  done,  liability  incurred  or  right  accrued 
and  established,  or  any  suit  or  prosecution,  civil  or  criminal, 
pending  or  to  be  instituted,  to  enforce  any  right  or  penalty, 
or  to  punish  any  offence  under  the  authority  of  the  laws  re- 
])ealed;  and  any  i)erson  who  at  the  time  when  said  repeal 
takes  effect  holds  office  under  any  of  the  laws  repealed 
shall  continue  to  hold  such  office  according  to  the  tenure 
thereof,  imless  such  office  is  abolished  or  a  different  provision 
is  made  herein. 


Acts,  1911.  — Chap.  629.  713 


Section  33.  All  acts  and  parts  of  acts  inconsistent  with  Repeal, 
this  act  are  hereby  repealed,  except  as  provided  in  the 
preceding  section,  and  except  section  eighteen  of  chapter 
one  hundred  and  six  of  the  Revised  Laws,  chapter  four 
hundred  and.  sixty-three  of  the  acts  of  the  year  nineteen 
hundred  and  eight,  chapter  five  hundred  and  fifty-nine  of 
the  acts  of  the  year  nineteen  hundred  and  ten,  and  all  special 
acts  exempting  any  society  or  societies  from  the  provisions 
of  chapter  one  hundred  and  nineteen  of  the  Revised  Laws. 

Section  34.     This  act  shall  take  effect  on  the  first  day  Time  of 

P  J  •       .  uiJJxl  taking  effect. 

or  January,  nmeteen  hundred  and  twelve. 

( The  foregoing  was  laid  before  the  Governor  on  the  twenty- 
eighth  day  of  June,  1911,  and  after  five  days  it  had  "the  force 
of  a  law",  as  prescribed  hy  the  Constitution,  as  it  was  not 
returned  hy  him  with  his  objections  thereto  within  that  time.) 


An  Act  relative  to  employment  in  the  night  messenger  Q^Qr^y  529 

SERVICE.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Except  for  the  delivery  of  messages,  directly  Employment 
connected  with  the  business  of  conducting  or  publishing  a  messlnglr*** 
newspaper,  to  a  newspaper  office  or  directly  between  news-  service. 
paper  offices,  no  person  under  the  age  of  twenty-one  years 
shall  be  employed  or  permitted  to  work  as  a  messenger 
for  a  telegraph,  telephone  or  messenger  company  in  the 
distribution,  transmission  or  delivery  of  goods  or  messages 
before  five  o'clock  in  the  morning  or  after  ten  o'clock  in  the 
evening  of  any  day. 

Section  2.  Whoever,  in  violation  of  the  provisions  of  Penalty, 
section  one  of  this  act,  employs  a  person  under  the  age  of 
twenty-one  years  or  whoever  procures  or,  having  under  his 
control  any  such  person,  permits  him  to  be  so  employed 
shall  for  each  offence  be  punished  by  a  fine  of  not  less  than 
fifty  nor  more  than  three  hundred  dollars  or  by  imprisonment 
.for  not  more  than  six  months,  or  by  both  such  fine  and 
imprisonment. 

Section  3.    The   district  police   shall   enforce  the  pro-  Knforcement 

•   •  n  ,  1  •  ,  of  law. 

visions  01  this  act. 

( The  foregoing  was  laid  before  the  Governor  on  the  twenty- 
eighth  day  of  June,  1911,  and  after  five  days  it  had  "the  force 
of  a  law",  as  prescribed  by  the  Constitution,  as  it  was  not 
returned  by  him  ivith  kis  objections  thereto  within  that  time.) 


714 


Acts,  1911.  — Chaps.  630,  631. 


Appropria- 
tions. 


Gypsy  and 
brown  tail 
moths. 


Chap.630  An  Act  making  appropriations  for  the  suppression  of 

THE   GYPSY  AND   BROWN  TAIL  MOTHS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  hereby 
appropriated,  to  be  paid  out  of  the  treasury  of  the  eommon- 
wealtli  from  the  orcHnary  revenue,  for  the  purposes  specified, 
to  wit :  — 

For  the  suppression  of  the  gypsy  and  brown  tail  moths 
in  the  year  nineteen  hundred  and  eleven,  and  for  expenses 
incidental  thereto,  a  sum  not  exceeding  one  luuidred  and 
fifty  thousand  dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  this  purpose. 

For  experimenting  with  parasites  or  natural  enemies  for 
destroying  the  said  moths,  and  for  expenses  incident  thereto, 
a  sum  not  exceeding  fifteen  thousand  dollars,  in  adrlition 
to  any  unexpended  balance  of  a  former  appropriation  for 
this  purpose. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

(The  foregoing  was  laid  before  the  Governor  on  the  twenty- 
eighth  day  of  June,  1911,  and  after  five  days  it  had  "the  force 
of  a,  law'\  as  lirescrihed  by  the  Constitution,  as  it  was  not 
returned  by  him  with  his  objections  thereto  within  that  time.) 


Experiment- 
ing with 
parasites. 


Reconstruc 
lion  of  Fox 
Hill  bridge. 


C7^a?9.631  An  Act  to  provide  for  the  reconstruction  of  fox  hill 

bridge  over  SAUGUS  river  between  the  city  of  LYNN 
AND  the  town  of  SAUGUS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Whereas  public  necessity  and  convenience 
require  the  reconstruction  of  the  joint  railway  and  high- 
way bridge,  commonly  known  as  Fox  Hill  bridge,  over  the 
tide  water  known  as  Saugus  river,  between  the  city  of  Lyim 
and  the  town  of  Saugus,  the  county  connuissioners  of  the 
county  of  Essex,  subject  to  the  i)rovisi()ns  of  chapter  ninety- 
six  of  the  l^evised  Laws  and  acts  in  amendment  thereof 
and  in  addition  thereto  and  of  all  other  general  laws  which 
may  be  applicable,  arc  hereby  authorized  and  directed  to 
reconstnict,  the  said  bridge  and  a]i])r()aches  thereto  with  a 
draw  not  less  than  forty  feet  wide  in  the  open,  the  same  to 
be  operated  by  electric  ])ower. 

Section  2.  The  exi)ense  incurred  undiM-  this  act  shall 
be  paid  in  the  first  instance  by  the  ct)Uiity  of  Essex  and 


Connty  of 
Kssrx  to  pay 
cost  in  the 


Acts,  1911.  — Chap.  G31;  715 

shall  not  exceed  one  hundred  and  fifty  thousand  dollars,  first  instance, 
Upon  the  completion  of  the  said  bridge  and  approaches, 
the  said  county  commissioners  shall  file  in  the  office  of  the 
clerk  of  courts  for  the  county  of  Essex  a  detailed  statement, 
certified  under  their  hands,  of  the  actual  cost  of  reconstruct- 
ing said  bridge  and  approaches,  and  within  three  months 
from  the  filing  of  such  statement  they  shall,  after  such 
notice  as  they  may  deem  proper  and  a  hearing,  apportion 
and  assess  upon  the  city  of  Lynn  twenty-five  per  cent,  and 
upon  the  Boston  and  Northern  Street  Railway  Company 
thirty-five  per  cent  of  the  said  cost  of  reconstructing  the 
bridge  and  approaches. 

Section  3.    Said  commissioners  shall  file  in  the  office  of  the  Report  of 
clerk  of  the  courts  of  said  county  a  report  of  the  apportion-  ment'of''^ 
ment,  and  the  said  clerk  shall  forthwith  transmit  a  true  and  be  med^v^th 
attested  copy  thereof  to  the  city  of  Lynn  and  to  the  presi-  ^{'^^  courts  * 
dent  of  the  Boston  and  Northern  Street  Railway  Company,  etc. 
and  the  city  shall  pay  its  proportion  of  said  expense  de- 
termined as  aforesaid  into  the  treasury  of  the  county  of 
Essex,  in  such  manner  and  in  such  time  as  the  said  commis- 
sioners may  direct,  and  if  the  city  of  Lynn  shall  neglect  or 
refuse  to  pay  its  proportion  as  aforesaid,  the  said  commis- 
sioners shall,  after  notice  to  the  city,  issue  a  warrant  against 
the  city  for  its  proportion  as  aforesaid,  w4th  interest  and  the 
cost  of  the  warrant,  and  the  same  shall  be  collected  and  paid 
into  the  treasury  of  the  county  to  be  applied  in  payment  of 
the  expense  aforesaid. 

Section  4.  If  the  Boston  and  Northern  Street  Railway  Title  to  part 
Company  shall  pay  into  the  treasury  of  the  said  county  its  set  aside'fo^/ 
proportion  determined  as  aforesaid,  and  shall  enter  into  an  pos^''\o  ves 
agreement  with  the  county  commissioners  to  keep  the  road-  |^"  j  nwu 
wav  on  said  bridge,  within  the  limits  set  aside  by  said  com-  street 

.*    .  „  .,  .  .         J    .,  Railway 

missioners  for  railway  purposes  m  repair  at  its  own  expense,  company. 
the  said  company,  its  successors  and  assigns,  shall  thereupon 
have  and  are  hereby  granted  the  title  in  fee  simple,  to  that 
part  of  said  bridge  so  set  aside  for  railway  purposes,  which 
part  shall  not  be  less  in  width  than  twenty-six  and  one  half 
feet.  The  amount  of  any  assessment  paid  by  said  company 
under  this  section  shall  be  deemed,  in  all  proceedings  there- 
after, as  a  part  of  the  value  of  its  property  for  street  railway 
purposes;  and  the  company  may  issue  stock  or  bonds  to 
meet  the  expenses  incurred  under  this  act  to  an  amount 
approved  by  the  board  of  railroad  commissioners  as  reason- 
ably necessary  to  provide  for  the  payment  thereof. 


t 

ston 
hern 


710 


Acts,  1911.  —  CiiAP.  631. 


The  fiity  of 
Lynn  may 
issue  bonds, 
etc. 


Cost  of 
oin'i'iition  of 
bridge,  etc. 


Taking  of 
lands, 
rights,  etc. 


Section  5.  For  the  foregoing  purposes  the  city  of  Lynn 
is  hereby  authorized  to  issue  serial  bonds  bearing  interest, 
payable  semi-annually,  at  a  rate  not  exceeding  four  per  cent 
per  annum,  and  payable  within  such  periods,  not  exceeding 
twenty  years,  from  the  date  of  issue,  as  the  city  council  of  the 
city  may  determine.  But  the  said  bonds  shall  not  be  reckoned 
in  determining  the  statutory  limit  of  indebtedness  of  the  city. 
The  county  commissioners  of  the  said  county  are  hereby  au- 
thorized and  directed  to  borrow  on  the  credit  of  the  county 
such  sums  of  money  as  may  from  time  to  time  be  required  for 
the  cost  and  expenses  aforesaid.  All  moneys  so  borrowed  shall 
be  deposited  in  the  county  treasury  and  the  treasurer  of  the 
county  shall  pay  out  the  same  as  ordered  by  the  county 
commissioners,  and  shall  keep  a  separate  and  accurate 
account  of  all  sums  so  borrowed  and  expended,  including 
interest. 

Section  6.  The  cost  of  the  operation  of  the  said  bridge 
and  approaches  after  the  completion  of  the  same,  including 
repairs  and  painting,  excepting  that  part  of  the  roadway  set 
aside  for  railway  purposes  in  accordance  with  section  two 
of  this  act,  shall  be  paid  in  the  first  instance  by  the  county  of 
Essex,  and  shall  be  apportioned  and  assessed  upon  the  said 
city  and  said  railway  company  and  upon  the  county  of  Essex 
in  the  proportion  of  thirty-three  and  one  third  per  cent 
each.  The  cost  of  maintenance  of  the  roadwa}'  upon  said 
bridge,  except  as  otherwise  provided  by  this  act,  shall  be 
apportioned  and  assessed  upon  the  city  of  Lynn  and  the 
county  of  Essex,  fifty  per  cent  upon  each.  The  county  com- 
missioners of  the  said  county  shall  have  full  control  of  the 
bridge,  and  shall  annually  in  the  month  of  November  submit 
to  the  city  of  Lynn  antl  to  the  said  railway  com])any  a  true 
statement  of  the  expense  of  its  maintenance  and  operation; 
and  within  thirty  days  thereafter  the  said  city  and  the  said 
railway  company  shall  pay  into  the  treasin*y  of  the  county 
their  proportions,  determined  as  aforesaid;  and  if  the  city 
or  the  railway  company  shall  neglect  or  refuse  to  pay  the 
same,  the  said  commissioners  shall,  after  a  notice  to  the  city 
or  the  company,  issue  a  warrant,  and  the  same  with  interest 
and  costs  of  notice  and  warrant  shall  be  collected  and  paid 
into  the  treasury  of  the  county  to  be  applied  in  payment  of 
tlie  expenses  as  aforesaid. 

Skction  7.  The  said  county  conunissioners  are  lien^by 
authorized  to  take  or  {)ur('liase  the  lands,  rights  or  easements 
which  may  be  required  to  carry  out  the  j)urposes  of  this 


Acts,  1911.  — Chap.  632.  717 

act;  but  in  order  to  acquire  land  or  rights  in  land,  otherwise 
than  by  purchase,  they  shall  first  record  in  the  registry  of 
deeds  for  the  northern  district  of  the  county  of  Essex  a  state- 
ment containing  a  description  of  the  lands  or  rights  taken  or 
affected,  and  shall  file  a  plan  of  the  same  in  said  registry. 
They  shall  estimate  the  damages  to  property,  if  any,  sus- 
tained by  any  person  by  such  taking  of  land,  rights  or  ease- 
ments, or  by  the  laying  out  as  aforesaid,  and  any  person 
aggrieved  thereby  may  proceed  in  the  same  manner  as  in 
the  case  of  highways,  within  one  year  after  the  filing  of  said 
statement;  but  in  no  event  shall  interest  be  recovered 
against  the  county  for  more  than  four  per  cent  per  annum. 

Section  8.     In  the   construction   of  the  said  bridge  all  Themetro- 

•  1      11    1  •  I  1-  politan  water 

reasonable  opportunity  shall  be  given  to  the  metropolitan  board  may 
water  board  to  maintain  and  operate  its  pipe  line,   now  pipe 'line,  etc. 
supported  in  part  by  the  pile  structure,  and  such  reasonable 
modifications  of  the  plans  as  may  be  necessary  shall  be  made 
by  the  county  commissioners  to  permit  of  the  proper  perma- 
nent relocation  of  the  pipe  either  upon  or  adjacent  to  the 
finished  structure :  provided,  that  all  added  expense  due  to  the  Proviso, 
protection  and  relocation  of  said  water  pipe  shall  be  paid  by 
the  metropolitan  water  board. 

Section  9.     All  acts  and  parts  of  acts  inconsistent  here-  Repeal. 
with  are  hereby  repealed. 

Section  10.    This  act  shall  take  effect  upon  its  passage. 

Ajiproved  July  7,  1911. 


Chap.6d2 


An  Act  to   authorize  the   commissioner   of  weights 

AND   measures  TO   APPOINT  AN  ADDITIONAL  INSPECTOR. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  Section  two  of  chapter  five  hundred  and  l^^'^^^^^'^' 
thirty-four  of  the  acts  of  the  year  nineteen  hundred  and  amended. 
seven,  as  amended  by  chapter  four  hundred  and  sixty-five 
of  the  acts  of  the  year  nineteen  hundred  and  ten,  is  hereby 
further  amended  by  striking  out  the  word  "five",  in  the 
second  line,  and  inserting  in  place  thereof  the  word :  — 
six,  —  so    as   to    read    as   follows :  —  Section  t.     The    said  inspectors  of 

.  ...  rT\-\  1    weights  and 

commissioner    may    appoint    six    inspectors.     Ihe    annual  measures, 
salary  of  the  commissioner  shall  be  two  thousand  dollars,  ^pp°"^'^°^^^*' 
and   of  the   inspectors   twelve   hundred   dollars   each,   and 
they  shall  give  bonds  for  the  faithful  performance  of  their 
duties.     The    commissioner    shall    be    allowed    for    clerical 
services,  travel  and  contingent  office  expenses  for  himself 


718  Acts,  1911.  — Chaps.  G33,  634. 

ahfl  his  inspectors  such  sum  as  may  be  necessary,  to  be 
paid  out  of  the  treasury  of  the  commonwealth. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

AjJiJroved  July  7,  1011. 

Chcqy.G'SS  An   Act   relative  to  the   increase   of  the   enlisted 

STRENGTH   OF   COMPANIES   OF  THE  COAST  ARTILLERY  CORPS 
IN  THE   MILITIA. 

Be  it  enacted,  etc.,  as  follows: 

1908,604,  Section  1.     Section  twenty  of  chapter  six  hundred  and 

amended.'  four  of  the  acts  of  the  year  nineteen  hundred  and  eight,  as 
amended  by  chapter  two  hundred  and  twenty-eight  of  the 
acts  of  the  year  nineteen  hundred  and  ten,  is  hereby  further 
amended  by  adding  the  following  paragraph  immediately 
after  the  table  showing  the  organization  of  a  coast  artillery 
corps  company:  — 
Enlisted  'pi^g  commander-in-chief  shall  have  power  to  increase  or 

streiigth  of  i-  i  i  p  -ii 

a  coast  decrease  the  enlisted  strength  oi  any  coast  artillery  com- 

pany of  the       pany  whenever  in  his  judgment  the  best  interests  of  the  ser- 
'"'"'*•  vice  demand  such  change,  provided  that  no  company  is 

decreased   below   the    minimum   or   increased   beyond    the 
maximum  prescribed  for  such  a  company  by  the  war  depart- 
ment. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  7,  1911. 

(7Aaw.G31  An  Act  to  authorize  the  counties  of  the  common- 
wealth TO  ESTABLISH  RETIREMENT  SYSTEMS  FOR  THEIR 
EMPLOYEES. 

Be  it  enacted,  etc.,  as  follows: 
Certain  SECTION  1.     Ill   this   act,    uiilcss   thc   coutcxt   othcrwisc 

terms  and  .  ' 

words  requires:  — 

(rt)  The  words  "retirement  system"  mean  the  arrange- 
ments provided  in  this  act  for  the  payment  of  annuities 
and  pensions. 

(6)  The  word  "annuities"  means  the  payments  for  life 
derived  from  money  contributed  by  the  employees. 

(c)  The  word  "employee"  means  any  person  on  the  pay- 
roll of  the  county  who  regularly  gives  his  whole  time  to 
the  service. 

(f/)  The  word  "pensicHis"  means  the  payments  for  life 
derived  from  money  contributed  by  thc  county. 


Acts,  1911.  — Chap.  (334.  719 

(e)  The  words  "regular  interest"  mean  interest  at  tliree 
per  cent  per  annum  compounded  semi-annually  on  the  last 
days  of  December  and  June,  and  reckoned  for  full  three 
and  six  months  periods  only. 

(/)  The  words  "continuous  service"  mean  uninterrupted 
employment,  with  these  exceptions:  a  lay-off  on  account 
of  illness  or  reduction  of  force;  and  a  leave  of  absence, 
suspension  or  dismissal  followed  by  reinstatement  within 
one  year,  shall  not  be  considered  as  breaking  the  continuity 
of  service. 

ESTABLISHMENT   OF   RETIREMENT  SYSTEM. 

Section  2.     Any    county    in    this    commonwealth    may  counties 
establish  a  retirement  system  for  its  employees  by  accept-  Sa^re'tlre- 
ing  the  provisions  of  this  act  in  the  following  manner:  Upon  ™ent  system. 
the   initiative   of  the  ^county   commissioners,   the  question 
of  acceptance  shall  be  submitted  to  the  voters  of  the  county 
at  the  next  state  election.     The  vote  in  each  case  shall  be 
in  answer  to  the  question,  to  be  placed  upon  the  ballot: 
"Shall  an  act  passed  by  the  general  court  in  the  year  nine- 
teen hundred  and  eleven,  entitled  'An  Act  authorizing  the 
counties    of    the    commonwealth    to    establish    retirement 
systems  for  their  employees ',  be  accepted?"     If  a  majority 
of  the  voters  voting  thereon  at  such  election  shall  vote  in 
the  affirmative,  this  act  shall  take  effect  in  that  county,  as 
hereinafter  provided. 

A  copy  of  the  vote,  sworn  to  by  the  county  commis-  Copy  of  vote 
sioners  or  the  officers  corresponding  thereto,  shall,  within  sys'temlobl 
thirty  days  after  the  date  of  the  vote,  be  filed  in  the  office  fi'e4^'"i 

p        ,  .  .      .  rT^^  v^iii'-v^   ^i,g  insurance 

of    the    insurance    commissioner.     The    latter    shall    forth-  commissioner. 
with  issue  a  certificate  that  the  retirement  system  is  declared 
established  in  that  county,  to  become  operative  on  the  first 
day  of  January  or  the  first  day  of  July  following  the  expira- 
tion of  three  months  after  the  date  of  the  certificate. 

THE   retirement  ASSOCIATION. 

Section  3.     Whenever   a    county   shall    have    voted    to  organiza- 
establish  a  retirement  system  under  the  provisions  of  section 
two,  a  retirement  association  shall  be  organized  as  follows :  — 

(1)  All  employees  of  the  county,  on  the  date  when  the 
retirement  system  is  declared  established  by  the  issue  of 
the  certificate,  as  provided  in  section  two,  may  become 
members  of  the  association.     On  the  expiration  of  thirty 


tion. 


'20  Acts,  1911.  — Chap.  (3:31 


Organ.za-  ^j^^yg  ^ftcf  Said  date  every  such  employee  shall  be  considered 
to  have  elected  to  become,  and  shall  thereb}'  become,  a 
member,  unless  he  shall  have,  within  that  period,  sent  notice 
in  writing  to  the  local  election  commissioners  or  the  officers 
corresponding  thereto  that  he  does  not  wish  to  join  the 
association. 

(2)  All  employees  who  enter  the  service  of  the  county 
after  the  date  when  the  retirement  system  is  declared  estab- 
lished by  the  issue  of  the  certificate,  as  provided  in  section 
two,  except  persons  who  have  already  passed  the  age  of 
fifty-five  years,  shall  upon  completing  thirty  days  of  service 
become  thereby  members  of  the  association.  Persons  over 
fifty-five  years  of  age  who  enter  the  service  of  the  county 
after  the  establishment  of  the  retirement  system  shall  not 
be  allowed  to  become  members  of  the  association,  and  no 
such  employee  shall  remain  in  the  service  of  the  county 
after  reaching  the  age  of  seventy  years. 

(3)  No  officer  elected  by  popular  vote  may  become  a 
member  of  the  association,  nor  any  employee  who  is  or 
will  be  entitled  to  a  pension  from  the  county  for  any  reason 
other  than  membership  in  the  association. 

(4)  Any  member  who  reaches  the  age  of  sixty  years,  and 
has  been  in  the  continuous  service  of  the  county  for  a  period 
of  fifteen  years  immediately  preceding,  may  retire,  or  may 
be  retired  by  the  board  of  retirement  upon  recommendation 
of  the  head  of  the  department  in  wliich  he  is  employed, 
and  any  member  wlio  reaches  the  age  of  seventy  shall  so 
retire. 

(5)  Any  member  who  has  completed  a  period  of  thirty- 
five  years  of  continuous  service  may  retire  or  may  be  retired 
upon  recommendation  of  the  head  of  the  department  in 
which  he  is  employed,  if  such  action  be  deemed  advisable 
for  the  good  of  the  service. 

THE   BOARD   OF   RETIREMENT. 

tiwneiu '*'  Section  4.     (1)  The     management    of    the    retirement 

ii..w  (^onsti-  system  is  hereby  vested  in  the  board  of  retirement,  consist- 
ing of  three  members,  one  of  whom  shall  be  the  county 
treasurer;  the  second  member  shall  be  a  member  of  the 
association  elected  by  the  latter  within  sixty  days  after  tlie 
date  when  the  retirement  system  is  declared  established  by 
the  issue  of  the  certificate  provided  for  by  section  two,  in  a 
manner  to  be  determined  by  the  county   commissioners; 


Acts,  1911.  — Chap.  634.  721 

the  third  member  shall  be  chosen  by  the  other  two  members. 
In  case  of  the  failure  of  the  latter  to  choose  the  third  member 
within  thirty  days  after  the  election  of  the  second  member, 
the  chairman  of  the  county  commissioners  shall  appoint  such 
third  member.  The  first  person  so  chosen  or  appointed  as 
third  member  shall  serve  for  two  years;  otherwise  and 
thereafter  the  term  of  office  of  the  two  elected  members  shall 
be  three  years.  On  a  vacancy  occurring  in  the  board  for 
any  cause  or  on  the  expiration  of  the  term  of  office  of  any 
member,  a  successor  of  the  person  whose  place  has  become 
vacant  or  whose  term  has  expired  shall  be  chosen  in  the 
same  manner  as  was  his  predecessor. 

(2)  The  members  of  the  board  of  retirement  shall  serve 
without  compensation;  but  they  shall  be  reimbursed  out 
of  the  contingent  fund  for  any  expense  or  loss  of  salary  or 
wages  which  they  may  incur  through  service  on  the  board. 
All  claims  for  reimbursement  on  this  account  shall  be  subject 
to  the  approval  of  the  county  commissioners. 

(3)  The  county  treasurer  shall  have  charge  and  control  County  treas- 

•  urcr  to  iitiVG 

of  the  funds  of  the  system,  subject  to  the  approval  of  the  control  of  the 
board  of  retirement,  and  shall  invest  and  reinvest  the  same, 
and  may  from  time  to  time  sell  any  securities  held  by  him 
and  invest  and  reinvest  the  proceeds,  and  any  and  all  un- 
appropriated income  of  said  funds:  provided,  however,  that  Proviso. 
all  funds  received  by  him  not  required  for  current  disburse- 
ments shall  be  invested  in  accordance  with  the  provisions  of 
the  laws  of  this  commonwealth  relating  to  the  investment 
of  the  funds  of  savings  banks.  He  shall  in  the  investment 
of  the  funds  give  preference  to  the  securities  of  the  county. 
He  may,  whenever  he  sells  such  securities,  deliver  the  same 
upon  receiving  the  proceeds  thereof,  and  may  execute  any 
and  all  documents  necessary  to  transfer  the  title  thereto. 

(4)  The  board  of  retirement  shall  have  power  to  make  By-laws, 
by-laws  and  regulations  not  inconsistent  wdth  the  provisions  ^^^' 

of  this  act,  and  to  employ  such  clerical  or  other  assistance 
as  may  be  necessary  for  the  fulfillment  of  its  purposes, 
subject  to  the  approval  of  the  county  commissioners. 

(5)  The  board  shall  determine  the  percentage  of  wages  Percentage 
that  employees  shall  contribute  to  the  pension  fund,  subject  tion?"'^'^'  ^^ 
to    the    minimum    and    maximum    percentages,    and    shall 
furthermore,  have  the  power  to  classify  employees  for  the 
purposes  of  the  retirement  system,  and  to  establish  different 

rates  of  contribution  for  difterent  classes  within  the  pre- 
scribed limits. 


722 


Acts,  1911.  — Chap.  634. 


Statcinpiit  of 

fillMIlciill 

conditiou  to 
bo  filed. 


(())  The  county  treasurer  shall,  in  January  of  each  year, 
unless  for  cause  the  insurance  commissioner  shall  have 
granted  an  extension  of  time,  file  in  the  office  of  the  insurance 
commissioner  a  sworn  statement,  which  shall  exhibit  the 
financial  condition  of  the  retirement  system  on  the  thirty- 
first  day  of  the  preceding  December,  and  its  financial  trans- 
actions for  the  year  ending  with  said  day.  Such  statement 
shall  be  in  the  form  approved  by  the  insurance  commissioner, 
and  shall  show,  among  other  things,  the  liability  of  the  retire- 
ment system  on  account  of  the  following  items:  — 


Deposit 
reserve. 


A.     Deposit  Reserve. 

The  total  of  the  deposits  of  the  members  actually  received 
by  the  treasurer  or  due  from  the  county  under  section  five, 
(2)  A,  and  held  subject  to  withdrawal  by  such  members. 


In  terest 
reserve. 


Annuity 
reserve. 


B.  Interest  Reserve. 
Regular  interest  on  such  deposits. 

C.  Annuity  Reserve. 

The  net  value  of  the  annuities  entered  upon  under  section 
six,  (2)  B,  on  the  basis  of  the  mortality  tables  and  interest 
rates  provided  for  in  this  act. 


Expense  and 

contingent 

fund. 


D.     Expense  and  Contingent  Fund. 

(a)  The  unexpended  portion  of  the  amounts  received  under 
section  five,  (1). 

(b)  The  contingent  fund. 


Gifts  and 
bequests. 


E.     Gifts  and  Bequests. 

The  amounts  received  as  gifts  or  bequests  and  held  under 
the  terms  of  such  gifts  or  bequests. 


other 
liabilities. 


Surplus. 


F.     Other  Liabilities. 

All  other  liabilities. 

G.     Surplus. 

(a)  Annvity  Surplus.  —  The  undistributed  surplus  arising 
from  annuity  deposits. 

(6)  Oilier  Surplus.  —  All  unassignctl  funds. 


Acts,  1911.  — Chap.  634.  723 


CREATION   OF  THE   RETIREMENT   FUND. 

Section  5.     The  funds  of  the  retirement  system  shall  be  Creation  of 

1  j>    II  retirement 

raised  as  loUows :  —  fund. 

(1)   Expense  and  Contingent  Fund. 
The  coimty  shall  appropriate  annually  such  an  amount  Expense  and 

continEGiit 

as  may  be  necessary  to  defray  the  whole  expense  of  admin-  fund. 
istration,  according  to  estimates  prepared  by  the  treasurer. 

(2)  Annuity  and  Pension  Fund. 

A.  Deposits  by  Members.  —  Each  member  shall  deposit  ^"1^'*^^°^ 
in  this  fund  from  his  wages  or  salary,  as  often  as  the  same  fund. 

is  payable,  not  less  than  one  per  cent  and  not  more  than 
five  per  cent  of  the  amoimt  of  his  wages  or  salary  as  deter- 
mined by  the  board  of  retirement  under  the  provisions 
of  section  four,  (5):  promded,  however,  that  employees  who 
receive  more  than  thirty  dollars  weekly  in  wages  or  salary 
shall  not  be  assessed  for  contributions  to  this  fund  on  the 
excess  above  that  amount. 

B.  Contributions  by  the  County.  —  (a)  Each  month  the 
county  shall  contribute  such  amount  as  the  board  of  retire- 
ment may  determine  to  be  necessary  to  pay  current  pensions 
for  subsequent  service,  under  section  six,  (2)  C  (a) . 

(6)  Each  year  in  January  the  county  shall  contribute  an 
amount  equal  to  the  surplus  arising  from  annuity  deposits. 
In  case  there  should  be  a  deficiency  arising  from  such  annuity 
deposits,  instead  of  a  surplus,  the  county  shall  make  good 
the  deficiency. 

(c)  Each  month  the  county  shall  contribute  such  amount 
as  the  board  of  retirement  may  determine  to  be  necessary 
to  pay  current  pensions  for  prior  service  under  section  six, 
(2)  C\b). 

(d)  Each  month  the  county  shall  contribute  such  amount 
as  the  board  of  retirement  may  determine  to  be  necessary 
to  ensure  the  minimum  payments  provided  for  in  section 
six,  E. 

(3)  Promsion  for  Payments. 

All  amounts  payable  by  members  of  the  association  under  Provision  for 
paragraph  (2)  A  of  this  section  shall  be  deducted  by  the  P'^^'^^^t^- 
county  from  the  amount  payable  to  them  as  wages  or  salary, 
as  often  as  the  same  are  payable,  and  shall  immediately 
be  credited  to  the  retirement  fund  by  the  county  treasurer. 


72i  Acts,  1911.  — Ciiap.  G31. 


DISTRIBUTION   OF   FUNDS. 

Distrii)u(ion         SECTION  6.     The  couiitv  treasurer  shall   administer  the 

of  funds.  pipi  •  •  -iiji 

funds  01  the  retirement  system  m  aecordance  with  the  loi- 
lowing  plan :  — 

(1)  Expense  and  Contingent  Fund. 

Expense  and         flic  fuud  pTOVided  for  uiider  section  five,   (1),  shall  be 
fund.  used,  so  far  as  may  be  necessary,  for  the  payment  of  the 

expenses  of  administration.  The  portions  not  so  used,  if 
any,  shall  be  repaid  into  the  treasury  of  the  county.  In 
case  the  amount  appropriated  for  the  expense  and  con- 
tingent fund  in  any  year  should  prove  insufficient,  the 
county  shall  appropriate  in  the  following  year  such  addi- 
tional sum  as  may  be  required  to  cover  the  deficit. 


(2)  Annuity  ami  Pension  Fumh 


s. 


deijosits. 


Annuity  and         J    Rcfumls.  —  («)  Should  a  member  of  the  association 

pension  •'  1  P      1 

funds.  cease  to  be  an  employee  oi  the  county  tor  any  cause  other 

than  death,  before  becoming  entitled  to  a  pension,  there 
shall  be  refunded  to  him  all  the  money  that  has  been  paid 
in  by  him  under  section  five,  (2)  A,  with  regular  interest. 

(6)  Should  a  member  of  the  association  die  before  be- 
coming entitled  to  a  pension,  there  shall  be  paid  to  liis  legal 
representatives  all  the  money  that  has  been  paid  in  by  him 
under  section  five,  A,  with  such  interest  as  shall  have  been 
earned  on  such  deposits, 
f^rom"'*'^^  /i-   Annuities  from  Employees^  Deposits.  —  Any  member 

employees'  -^yliQ  rcachcs  the  age  of  sixty  years  and  has  been  in  the  con- 
tinuous service  of  the  county  for  fifteen  years  immediately 
preceding,  and  then  or  thereafter  retires  or  is  retired,  any 
member  who  retires  or  is  retired  at  the  age  of  seventy 
years,  and  any  member  who  is  retired  for  the  good  of  the 
service  under  the  provisions  of  section  three,  (o),  shall 
receive  an  annuity  to  which  the  sum  of  his  deposits  under 
section  five,  (2),  with  regular  interest,  shall  entitle  him, 
according  to  the  tables  adopted  by  the  board  of  retirement, 
in  one  of  the  following  forms:  — 
(«)  A  life  annuity,  payable  monthly. 

(6)  A  life  annuity,  payable  monthly,  with  the  provision 
that  in  the  event  of  the  death  of  the  aiuuiitant  before 
receiving  payments  equal  to  the  sum  at  the  date  of  his 


Acts,  1911.  — Chap.  634.  725 

retirement  of  his  deposits  under  section  five,  (2)  A,  with 
regular  interest,  the  difference  shall  be  paid  to  his  legal 
representatives. 

C.  Pensiom  derived  from  Contributiotis  by  the  County.  —  Pensions 
(a)  Pensions  based  upon  subsequent  service.     Any  mem-  foiVtwbudoITs 
ber  entitled  to  an  annuity  under  paragraph  (2)  B  of  this  '^y  t'»«  county. 
section  shall  receive  in  addition  thereto  a  pension  for  life 
payable  monthly  equivalent  to  that  annuity,  to  be  paid 
out  of  the  fund  contributed  by  the  county  under  the  pro- 
visions of  section  five,  (2)  B  (a). 

(6)  Pensions  based  upon  prior  service.  Any  member  of 
the  association  who  reaches  the  age  of  sixty  years,  having 
been  in  the  continuous  service  of  the  county  for  fifteen 
years  or  more  immediately  preceding,  and  then  or  there- 
after* retires  or  is  retired,  shall  receive  in  addition  to  the 
annuity  and  pension  provided  for  by  paragraphs  (2)  B  and  C 
(a)  of  this  section  an  extra  pension  for  life  as  large  as  the 
amount  of  the  annuity  to  which  he  might  have  acquired 
a  claim  if  the  retirement  system  had  been  in  operation  at 
the  time  when  he  entered  the  service  of  the  countv,  and  if 
accordingly  he  had  paid  regular  contributions  from  that 
date  to  the  date  of  the  establishment  of  the  retirement 
association  at  the  same  rate  as  that  first  adopted  by  the  board 
of  retirement,  and  if  such  deductions  had  been  accumulated 
with  regular  interest. 

Any  employee  who  had  already  reached  the  age  of  fifty- 
five  years  on  the  date  when  the  retirement  system  was 
established,  and  also  became  a  member  of  the  association, 
may  be  retired  under  the  provisions  of  the  preceding  para- 
graph without  having  completed  the  otherwise  required 
service  period  of  fifteen  years.  For  the  purpose  of  com- 
puting any  pension  payable  for  prior  service,  the  board  of 
retirement  may  estimate  on  the  basis  determined  by  them 
the  wages  received  at  any  period  for  which  they  may  deem 
it  impracticable  to  consult  the  original  records. 

Any  employee  not  a  member  of  the  association  who  had 
already  reached  the  age  of  fifty-five  years  on  the  date  when 
the  retirement  system  was  established  may  be  retired  at 
any  time,  and  shall  be  paid  a  pension  equivalent  to  the  mini- 
mum payment  hereinafter  provided  for. 

D.  Application   of  Surplus.  —  The   board   of   retirement  Application 
shall  have  power  to  determine  the  application  of  any  sur-  "^^"'■p^"^- 
plus,  as  defined  under  section  four,   (6)   G,  subject  to  the 
approval  of  the  insurance  commissioner. 


/ 


726 


Acts,  1911.  — Chap.  G31. 


Minimum 
and 

maximum 
payments. 


Association 
membership 
and  pension 
certificate. 


E.  Minimum  and  Maximum  Payments.  —  In  no  case  shall 
the  total  monthly  payment  to  a  member  be  at  a  rate  less 
than  two  hundred  dollars  per  year,  or  at  a  rate  more  than 
one  half  the  amount  of  the  average  wages  or  salary  received 
by  the  member  during  the  ten  years  prior  to  his  retirement. 

F.  Association  Membership  and  Pension  Certificate.  — 
Membership  in  the  association  shall  be  evidenced  by  a 
certificate  to  be  issued  to  each  member  by  the  board  of 
retirement,  and  the  right  to  an  annuity  or  a  pension  shall 
be  evidenced  by  a  policy  to  be  issued  to  each  member  who 
retires  or  is  retired  by  the  board  of  retirement. 


Taxation, 

attachments, 

etc. 


TAXATION,   ATTACHMENTS   AND   ASSIGNMENTS. 

Section  7.  The  funds  of  the  retirement  system,  so  far 
as  they  are  invested  in  personal  property,  shall  be  exempt 
from  taxation. 

That  portion  of  the  wages  of  a  member  deducted  or  to  be 
deducted  under  this  act,  the  right  of  a  member  to  an  annuity 
or  pension,  and  all  his  rights  in  the  fund  of  the  retirement 
system  shall  be  exempt  from  taxation,  and  from  the  opera- 
tion of  any  law  relating  to  bankruptcy  or  insolvency,  and 
shall  not  be  attached  or  taken  upon  execution  or  other 
process  of  any  court.  No  assignment  of  any  right  in  or 
to  said  funds  shall  be  valid. 


SUPERVISION  BY   INSURANCE   COMMISSIONER. 
Supervision  SECTION  8.     The  iusuraucc  commissioner  shall  prescribe 

bv  insurance  i  •    i  i  •  i  i 

commissioner,  for  cacli  couuty  whicli  adopts  a  retu'ement  s\stem  untler  the 
provisions  of  this  act  one  or  more  mortality  tables,  and 
shall  determine  what  rates  of  interest  shall  be  established 
in  connection  with  such  tal)les,  and  may  later  mc^lify  the 
tables  or  prescribe  other  tables  to  represent  more  accurately 
the  expense  of  the  pension  system,  or  may  cliange  said 
rates  of  interest  and  may  determine  the  ai)i)lication  of  the 
changes  so  made.  He  shall  also  prescribe  and  supervise 
methods  of  bookkeeping  of  each  retirement  association 
formed  under  the  provisions  of  this  act. 

The  insurance  commissioner  shall,  at  least  once  in  each 
year,  eitlier  ])ersonally  or  by  dci)uty  or  assistant,  thoroughly 
inspect  and  examine  the  affairs  of  the  retirement  associa- 
tion to  ascertain  its  financial  condition,  its  ability  to  fuKill 
its  obligations,  whether  all  ])arties  in  intiM-(>st  have  com- 
plied with  the  provisions  of  law  ai)pli(al)U'  to  the  associa- 


Inspection 
and  exam- 
ination. 


Acts,  1911.  — CnAr.  635.  727 

tion,  and  whether  the  transactions  of  the  board  of  retirement 
have  been  in  accordance  with  the  rights  and  equities  of 
those  in  interest.  The  retirement  system  shall  be  credited, 
in  the  account  of  its  financial  condition,  with  the  amounts 
due  from  the  county,  under  the  provisions  of  section  five, 
(2)  B  (a),  its  investments  with  fixed  maturities  upon  which 
the  interest  is  not  in  default  at  amortized  values,  and  its 
other  investments  at  a  reasonable  valuation. 

For  the  purposes  aforesaid,  the  insurance  commissioner,  The  insur- 
or  other  persons  making  the  examination,  shall  have  access  Inissionerto 
to  all  the  securities,   books  and  papers  of  the  retirement  tcflecuHtfls, 
system,  and  may  summon,  administer  oaths  to  and  examine  ^°°^^'  ^^c. 
as  witnesses  the  members  of  the  board  of  retirement  or 
any  other  person  relative  to  the  financial  affairs,  transac- 
tions and  condition  of  the  retirement  system.     The  insur- 
ance commissioner  shall  preserve  in  a  permanent  form  a 
full  record  of  the  proceedings  at  said  examination,  and  the 
results  thereof.     Upon  the  completion  of  the  examination, 
verification  and  valuation,  the  insurance  commissioner  shall 
make  a  report  in  writing  of  his  findings  to  the  board  of 
retirement,  and  shall  send  a  copy  thereof  to  the  county 
commissioners. 

Section  9.     If,  in  the  judgment  of  the  insurance  com-  Proceedings 
missioner,  the  county  or  the  board  of  retirement  has  vio-  v'ioLation''of 
lated,  or  neglected  to  comply  with,  any  provision  of  this  ''*^- 
act,  or  any  rule  or  regulation  established  by  the  board  of 
retirement  hereunder,  he  shall  give  notice  thereof  to  the 
count V  and  to  the  board  of  retirement,  and  thereafter  if 
such  violation  or  neglect  continues  shall  forthwith  present 
the  facts  to  the  attorney-general  for  his  action. 

Section  10.     The  superior  court  shall  have  jurisdiction  jurisdiction 

**  **i^i*  **  p    oT  court 

in  equity,  upon  petition  oi  the  insurance  commissioner  or  or 
any  interested  party,  to  compel  the  observance  and  restrain 
the  violation  of  this  act,  and  of  the  rules  and  regulations 
established  by  the  board  of  retirement. 

Section  11.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  7,  1911. 

An  Act  relative  to  the  recovery  of  damages  for  con-  (J]iap,Qi?>B 
scious  suffering  in  certain  cases   of  death  from 
injury. 

Be  it  enacted,  etc.,  as  follmvs: 

Section  1.     In  any  civil  action  brought  under  the  pro-  Recovery  of 
visions  of  section  sixty-three  of  Part  I  of  chapter  four  hun-  certain'^ares 


'28 


Acts,  1911.  — Chaps.  G36,  037. 


of  death 
from  injury. 


dred  and  sixty-three  of  the  acts  of  the  year  nineteen  hundred 
and  six,  as  amended  by  section  one  of  chapter  three  hun- 
dred and  ninety-two  of  the  acts  of  the  year  nineteen  hundred 
and  seven,  damages  may  be  recovered  under  a  separate 
count  at  common  law  for  conscious  suffering  resulting  from 
the  same  injury,  but  any  sum  so  recovered  shall  be  held 
and  disi)osed  of  by  the  executors  or  administrators  as  assets 
of  the  estate  of  the  deceased. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  7,  1.911. 


C7ia2)'(y^G 


Appropria- 
tions, boiird 
of  registra- 
tion in 
medicine. 


Salaries  of 
members. 

E.xpenses. 


Clerk. 

Printing, 
postage,  etc. 


An  Act  making  appropriations  for  the  board  of  reg- 
istration IN  medicine. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  ap- 
pro j)riated,  to  be  paid  out  of  the  treasury  of  the  common- 
wealth from  the  ordinary  revenue,  for  the  salaries  and 
expenses  of  the  board  of  registration  in  medicine,  for  the 
fiscal  year  ending  on  the  thirtieth  da}'  of  Noveml)er,  nine- 
teen hundred  and  eleven,  to  wit:  — 

For  the  salaries  of  the  members  of  the  board,  fortv-three 
hundred  dollars. 

For  travelling  and  other  expenses  of  the  board,  a  sum 
not  exceeding  four  hundred  and  fifty  dollars. 

For  the  clerk  of  the  board,  the  sum  of  eight  hundred  dollars. 

For  printing,  postage,  office  supplies  and  contingent 
expenses  of  the  members  of  the  board,  to  include  the  print- 
ing of  the  annual  report,  a  sum  not  exceeding  nine  hundred 
dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

AiJproved  July  7,  1011. 


CJfap.6^7  An  Act  making  appropriations  for  the  board  of  reg- 

istr.\tion  in  veterinary  medicine. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  sums  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  salaries  and  ex])enses 
of  the  board  of  registration  in  veterinary  medicine  for  the 
fiscal  year  ending  on  the  thirtieth  day  of  November,  nine- 
teen hundred  and  eleven,  to  wit:  — 


Appropria- 
tions, l)OHrd 
of  registra- 
tion in 
veterinary 
medicine. 


Acts,  1911.  —  Ciiaps.  638,  G39.  729 

For  the  salaries  of  the  members,  a  sum  not  exceeding  Salaries  of 

,      ■,  ,       1     1    11  members. 

SIX  hundred  dollars. 

For  travelling  and  other  expenses,  a  sum  not  exceeding  Expenses. 
five  hundred  dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  7,  1911. 

An  Act  making  appropriations  for  the  board  of  reg-  Chap.(j3S 

ISTRATION   IN   PHARMACY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth  o'n-egistra- 
from  the  ordinary  revenue,  for  the  salaries  and  expenses  phaVmacy. 
of  the   board   of   registration   in  pharmacy,   for  the   fiscal 
year  ending  on  the  thirtieth  day  of  November,  nineteen 
hundred  and  eleven,  to  wit:  — 

For  the  salaries  of  the  members,  thirty-one  hundred  dollars.  Salaries  of 

in  GUI  DO  rs 

For  travelling  and  other  expenses  of  the  members,  a  sum  Expenses. 
not  exceeding  seventeen  hundred  and  twenty-five  dollars. 

For  the  salary  and  expenses  of  the  agent,  a  sum  not  ex-  Agent. 
ceeding  twenty-two  hundred  dollars. 

For  a  stenographer,  witness  fees,  and  incidental  and  con-  stenog- 
tingent  expenses,  to  include  the  printing  of  the  annual  report, 
a  sum  not  exceeding  seventeen  hundred  dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  7,  1911. 

An  Act  to  authorize  the  city  of  woonsocket  in  the  (J]iap.{S^d 

STATE  OF  RHODE  ISLAND  TO  SUPPLY  WATER  TO  THE  TOWN 
OF   BLACKSTONE   IN   THIS   COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  six  hundred  and  four  loio,  604, 
of  the  acts  of  the  year  nineteen  hundred  and  ten  is  hereby 
amended  by  striking  out  all  after  the  word  "inhabitants", 
in  the  sixth  line,  and  inserting  in  place  thereof  the  words: 
— :  of  the  town  of  Blackstone. 

Section  2.     Section  tw^o  of  said  chapter  six  hundred  and  §^2!*^ame^nded. 
four  is  hereby  amended  by  striking  out  the  word  "precinct", 
in  the  fifth  line,  and  inserting  in  place  thereof  the  word :  — 
town. 

Section  3.     Section  three  of  said  chapter  six  hundred  §®3^°ame^nded. 
and  four  is  hereby  amended  by  striking  out  the  words  "pre- 


730 


Acts,  1911.  — Chap.  6-10. 


1910,  604, 
§  5,  amended. 


cinct  one",  in  the  second  line,  and  inserting  in  place  thereof 
the  word :  —  town,  —  and  also  by  striking  out  the  word 
"precinct",  in  the  tenth  line,  and  inserting  in  place  thereof 
the  word :  —  town. 

Section  4.  Section  five  of  said  chapter  six  hundred 
and  four  is  hereby  amended  by  striking  out  the  word  "thirty- 
nine",  in  the  third  line,  and  inserting  in  place  thereof  the 
word :  —  thirty-seven. 

Section  5.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  7,  1011. 


The  town  of 
Peabody 
may  take  the 
waters  of 
Humphrey's 
brook,  etc. 


May  take  the 
waters  of 
Boston 
brook,  etc. 


Chap.^^0  An  Act  to  authorize  the  town  of  peabody  to  extend 

AND    increase   ITS   SYSTEM   OF   WATER   SUPPLY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Peabody,  for  the  purpose  of 
increasing  its  water  supply,  may  take,  or  acquire  by  pur- 
chase or  otherwise,  and  hold,  use  and  divert,  for  the  period 
of  three  years  next  following  the  passage  of  this  act,  the 
waters  of  Humphrey's  brook,  so-called,  in  said  town,  having 
one  of  its  natural  sources  in  Suntaug  lake,  the  diversion 
of  said  waters  to  be  at  some  point  above  the  lower  railroad 
crossing  near  the  mouth  of  said  brook.  After  the  completion 
of  the  investigation  by  the  state  board  of  health  and  the 
making  of  the  final  report  by  that  board  as  required  by 
chapter  fifty-four  of  the  resolves  of  the  year  nineteen  hun- 
dred and  eleven,  the  town  of  Peabody  for  the  purposes 
above  named  may,  with  the  consent  and  approval  of  the 
state  board  of  health,  and  by  an  act  of  the  general  court, 
take,  or  acquire  by  purchase  or  otherwise,  the  waters  of 
Boston  brook  and  its  tributaries  in  the  towns  of  Andover, 
North  Andover  and  INIiddleton,  and  the  water  rights  con- 
nected therewith,  reserving  to  the  owners  of  mills  on  said 
brook,  and  on  Ipswich  river,  their  right  as  mill  owners  to 
use  such  waters  as  shall  flow  to  said  mills  and  the  dams 
connected  therewith,  except  so  far  as  the  town  of  Peabody 
shall  from  time  to  time  actually  divert  and  use  the  same  for 
the  purposes  named  in  this  act;  and  provided  also  that  the 
town  of  Peabody  shall  not  divert  any  water  from  said  Boston 
brook  except  during  the  months  of  Jniuiary,  Februnry, 
March,  April,  May  and  December  of  each  year,  and  shall 
not  at  any  time  divert  an  amount  of  water  exceeding  eight 
million  gallons  in  any  one  day.     For  the  pin"j)oses  of  build- 


Acts,  1911.  — Chap.  610.  731 

ing  and  maintaining  additional  dams,  reservoirs,  pumping 
plants  and  pipe  lines,  and  of  collecting,  storing,  and  pre- 
serving the  purity  of,  the  waters  taken  under  the  provi- 
sions of  this  act,  and  for  the  purpose  of  connecting  the 
same,  through  Suntaug  lake  or  otherwise,  with  the  present 
water  supplj^  system  of  the  town  of  Peabody,  said  town 
may  take,  or  acquire  by  purchase  or  otherwise,  all  lands, 
buildings,  rights  of  way  and  easements  within  the  towns 
of  Andover,  North  Andover,  Middleton,  Danvers  and 
Peabody  which  may  be  necessary. 

Section  2.  The  said  town  of  Peabody  may  construct  May  con- 
on  the  land  acquired  under  the  provisions  of  this  act,  proper  canals,  etc. ' 
dams,  canals,  reservoirs,  standpipes,  tanks,  pumping  sta- 
tions, buildings,  fixtures  and  other  structures,  including 
also  the  establishment  and  maintenance  of  filtering  beds 
or  systems  in  said  land,  and  for  the  aforesaid  purposes  may 
construct,  lay  and  maintain  aqueducts,  conduits,  pipes  and 
pipe  lines  and  other  works  under  and  over  any  land,  water 
courses,  railroads,  street  or  electric  railways  in  the  towns 
mentioned  in  section  one,  and  along  and  under  private 
ways  in  the  aforesaid  towns,  in  such  manner  as  not  un- 
necessarily to  obstruct  the  same,  and  for  the  purpose  of 
constructing,  laying,  maintaining,  operating  and  repairing 
such  conduits,  pipes  and  other  works  for  the  purposes  of 
this  act,  the  town  of  Peabody  may  dig  up  or  raise  and  em- 
bank any  such  land,  highways,  or  other  ways  in  such  manner 
as  to  cause  the  least  hindrance  to  public  travel  on  such 
ways;  but  all  things  done  upon  any  such  ways  shall  be 
done  under  the  direction  of  the  selectmen  of  the  town  in 
which  said  ways  are  situated.  The  town  shall  not  enter 
upon,  construct  or  lay  any  conduit,  pipes  or  other  works 
within  the  location  of  any  railroad  corporation,  except 
at  such  times  and  in  such  manner  as  it  may  agree  upon 
with  such  corporation,  or  in  case  of  failure  so  to  agree, 
as  may  be  approved  by  the  board  of  railroad  commissioners. 

Section  3.  The  town  of  Peabody  shall  within  ninety  Taking  to 
days  after  the  taking  of  any  lands,  rights  of  way,  water  ^'^ '■®<''"'^«^- 
rights,  water  sources  or  easements  as  aforesaid,  file  and 
cause  to  be  recorded  in  the  registry  of  deeds  for  the  dis- 
trict and  county  in  which  the  same  are  situated  a  certificate 
containing  a  description  of  the  property  taken  sufficiently 
accurate  for  identification,  with  a  statement  of  the  purpose 
for  which  the  same  were  taken,  signed  by  the  commission 
of  public  works  of  said  town  or  their  successors. 


732  Acts,  1911.  — Chap.  G40. 

Damages.  SECTION  4.     The  town  of  Pcabodv  shall  pay  all  dam- 

ages to  property  sustained  hy  any  person  or  corporation 
by  the  taking  of  any  land,  right  of  way,  water,  water  source, 
water  rights  or  easements,  or  by  anything  done  by  said 
town  under  authority  of  this  act.  Any  person  or  corpo- 
ration sustaining  damages  as  aforesaid  and  failing  to  agree 
with  the  town  as  to  the  amount  thereof,  may  have  the  same 
determined  in  the  manner  provided  by  law  in  the  case 
of  land  taken  for  the  laying  out  of  highways,  on  application 
at  an}^  time  within  the  period  of  three  years  after  the  taking 
of  such  land  and  other  property,  or  the  doing  of  other  injury 
under  authority  of  this  act;  but  no  such  application  shall 
be  made  after  the  expiration  of  the  said  three  years;  and 
no  application  for  the  assessment  of  damages  shall  be  made 
for  the  taking  of  any  water,  water  right  or  water  soiu'ce, 
or  any  injury  thereto,  until  the  water  is  actually  withdrawn 
or  diverted  by  said  town  under  the  authority  of  tliis  act, 
nor  unless  by  such  diversion  the  flow  of  w^ater  shall  be 
perceptibly  and  materially  diminished  in  the  water  course 
from  which  it  is  diverted. 
2>rtfh"way  Section  5.     If  the   town   of   Peabody   shall   under   au- 

to  be  raised,  thority  of  this  act  coustruct  any  reservoir  in  such  manner 
as  to  flow  any  existing  public  way,  it  shall  raise  the  way 
to  such  a  grade  as  will  make  it  reasonably  safe  and  con- 
venient for  travel,  or  shall  build  in  place  of  any  part  of 
said  way  so  flowed  another  suitable  way  which  shall  there- 
after be  a  public  way,  with  all  necessary  fences  and  culverts, 
as  and  in  such  manner  as  shall  be  agreed  upon  by  the  com- 
mission of  public  works  of  the  town  of  Peabody  and  the 
selectmen  of  the  town  in  which  such  public  way  is  situated, 
or,  if  they  cannot  agree  thereon,  then  in  such  manner  as 
shall  be  determined  by  the  comity  commissioners  on  a})i)li- 
cation  of  either  part}'  to  them,  and  the  county  commis- 
sioners are  hereby  authorized  and  directed  to  adjudicate 
upon  the  same. 
JfriH-rifnes  SECTION  6.     The  town   of  Pealxxly   may,   for  the   pur- 

for  the  trans-     p^^Q  gf  transmitting  electricitv  for  lighting,  heat,  and  power 

mission  of  i  •  1  ■•  •       r^       1        1 

electricity,  purposcs  irom  its  Central  station  in  Peabody  to  any  ])iini])- 
ing  station,  plant  and  buildings  erected  under  the  provi- 
sions of  this  act  by  the  town  of  Peabody  in  any  of  the  towns 
mentioned  in  section  one  of  this  act,  construct  lines  over 
the  land  of  any  person  or  cori)oration  and  ujion,  along  and 
under  the  ])ublic  ways,  and  over  water  courses  and  bridges 
in  any  of  the  aforementioned  towns,  and  may  erect  poles. 


etc 


Acts,  1911.  — Chap.  610.  733 

piers,  abutments  and  other  fixtures,  excepting  bridges, 
which  may  be  necessary  to  sustain  the  wires  of  its  hues  and 
connect  said  Unes  with  the  system  of  the  town  of  Peabody 
for  the  distribution  of  electricity,  and  with  its  central  sta- 
tion, and  may  transmit  electricity  for  lighting,  heat,  and 
power  purposes  for  the  sole  use  of  said  town  through  said 
lines  in  the  towns  above  mentioned,  and  may  take,  or  ac- 
quire, by  purchase  or  otherwise,  all  land,  rights  of  way  and 
easements  which  may  be  necessary  for  any  of  the  purposes 
of  this  act. 

Section  7.    The   town   of   Peabody,    for   the   purposes  Town  of 
aforesaid,   may  issue  from  time  to  time  bonds,   notes  or  wTter  Loan, 
scrip  to  an  amount  not  exceeding  five  hundred  thousand  "^'^'  °^  ^^^^• 
dollars,  this  amount  to  be  in  addition  to  the  amount  here- 
tofore authorized  by  law  to  be  issued  by  the  town  for  the 
purposes  named  in  this  act.     Such  bonds,  notes  or  scrip 
shall  bear  on  their  face  the  words,  Town  of  Peabody  Water 
Loan,  Act  of  1911,  shall  be  payable  at  the  expiration  of 
periods  not  exceeding  thirty  years  from  the  dates  of  issue, 
shall  bear  interest,  payable  semi-annually,  at  a  rate  not 
exceeding  four  per  cent  per  annum,  and  shall  be  signed  by 
the  treasurer  of  the  town  and  countersigned  by  the  select- 
men.    The  town  may  sell  such  securities  at  public  or  private 
sale,  upon  such  terms  and  conditions  as  it  may  deem  proper, 
but  they  shall  not  be  sold  for  less  than  their  par  value. 

Section  S.  The  town  of  Peabody  shall,  at  the  time  payment  of 
of  authorizing  said  loan,  provide  for  the  payment  thereof  '"''''• 
in  such  annual  payments,  as  nearly  equal  in  amount  as 
practicable,  as  will  extinguish  the  same  within  the  time 
prescribed  by  this  act;  and  when  a  vote  to  that  effect  has 
been  passed,  a  sum  which  will  be  sufficient  to  pay  the  prin- 
cipal and  the  interest  as  it  accrues  on  the  said  bonds,  notes 
or  scrip  shall,  without  further  vote,  be  assessed  and  col- 
lected by  the  town  annually  thereafter  in  a  manner  similar 
to  that  in  which  other  taxes  are  assessed,  until  the  debt 
secured  by  said  loan  is  extinguished. 

Section  9.     Whoever    wilfully    or    wantonly    corrupts,  Penaityfor 
pollutes  or  diverts  any  water  taken  or  held  under  this  act,  or'poiuit'i'ifg 
or  injures  any  structure,  work  or  other  property  owned,  ^^^'^^-  '^t". 
held   or  used    by  said  town  under  authority  of   this  act, 
shall  forfeit  and  pay  to  the  town  three  times  the  amount 
of  the  damages  assessed  therefor,  to  be  recovered  in  an  action 
of  tort;  and  upon  being  convicted  of  any  of  the  above  wilful 
or  wanton  acts  shall  be  punished  by  a  fine  not  exceeding 


734 


Acts,  1911.  — Chap.  Gil. 


Control  of 
land  and 
property 
acquired, 
etc. 


Time  of 
taking  effect. 


three  hundred  dollars  or  by  Imprisonment  in  jail  for  a  term 
not  exceeding  one  year. 

Section  10.  The  commission  of  public  works  of  the 
town  of  Peabody  shall  manage,  improve  and  control  the 
land  and  other  property  purchased  or  acquired  in  any 
way  under  the  provisions  of  this  act,  and  shall  execute, 
superintend  and  direct  the  performance  of  all  the  works, 
matters  and  things  mentioned  in  this  act,  unless  it  is  other- 
wise provided  herein  or  unless  other  officers  or  agents  shall 
by  vote  of  the  town  be  expressly  chosen  for  the  said  purposes, 
or  any  of  them. 

Section  11.  This  act  shall  take  effect  upon  its- accept- 
ance by  a  majority  vote  of  the  legal  voters  of  the  town  of 
Peabody  present  and  voting  thereon  by  ballot,  or  other- 
wise, at  any  legal  meeting  of  the  voters  of  said  town;  and 
for  the  purpose  of  being  submitted  to  the  voters  of  the 
town  this  act  shall  take  effect  upon  its  passage. 

Apyroved  July  7,  1911. 


West  Groton 
Water  Sup- 
ply District 
established. 

Boundaries 
of  district. 


CAap.641  An  Act  to  establish  the  west  groton  water  supply 

DISTRICT. 

Be  it  enacted,  etc.,  as  joUows: 

Section  1.  The  inhabitants  of  the  westerly  part  of  the 
town  of  Groton  liable  to  taxation  in  that  town  and  residing 
within  the  territory  enclosed  by  the  following  boundary 
lines,  to  wit:  —  Beginning  at  Squannacook  Junction,  so- 
called,  at  the  point  of  the  frog  of  the  main  line  tracks  to 
Greenville  and  Brookline,  New  Hampshire;  thence  north 
forty-two  degrees  forty-one  minutes  east,  about  two  and  fi\'e 
tenths  feet  to  the  centre  line  of  the  location  of  the  Brookline 
branch  of  the  Boston  and  Maine  railroad;  thence  northerly 
by  said  centre  line  about  sixty-eight  hundred  and  seventy 
feet  to  the  centre  of  the  highway  crossing  bridge  number 
three  hundred  and  forty-three;  thence  westerly  by  the 
highway  leading  to  the  paper  mill  of  the  Ilollingsworth  and 
Vose  Company,  about  forty-five  hundred  and  twenty-six 
feet  to  a  point  opposite  a  stone  wall  on  the  northerly  side  of 
said  highway  between  the  lands  of  Harry  E.  Kemp  and 
Lawrence  Cronin;  thence  north  twenty-one  degrees  thirteen 
minutes  east,  about  thirty-three  feet  to  the  beginning  of  said 
wall  and  five  hundred  feet  in  the  same  direction  along  said 
wall;  thence  north  seventy-one  degrees  fifty-seven  minutes 
forty  seconds  west,  forty-one  hundred  and  forty-six  feet; 


Acts,  1911.  — Chap.  Gil.  735 

thence   south   nineteen   decrees  twenty-four  mhiutes  west,  Roundaries  of 

district 

five  hundred  feet  to  and  along  a  wall  between  the  lands  of 
Oren  Bennett  and  one  Bliss  to  an  iron  pin  in  the  ground  at 
end  of  last  named  wall  and  on  the  northeasterly  side  of  the 
highway  leading  to  Townsend;  thence  continuing  south 
nineteen  degrees  twenty-four  minutes  west,  ten  hundred  and 
sixty-seven  feet  across  the  last  named  highway  to  a  point 
in  the  centre  of  the  Squannacook  river;  thence  down  said 
river  along  the  line  between  the  towns  of  Groton  and  Shirley 
to  a  point  south  thirty-one  degrees  thirty-two  minutes  ten 
seconds  east  from  the  last  named  point  and  ninety-six  hun- 
dred and  sixty-nine  and  one  tenth  feet  distant  therefrom; 
thence  north  forty-two  degrees  forty-one  minutes  east  two 
hundred  and  ninety-six  feet  to  the  point  of  beginning; 
shall  constitute  a  water  supply  district,  and  are  hereby  made 
a  body  corporate  by  the  name  of  the  West  Groton  Water 
Supply  District,  for  the  purpose  of  supplying  themselves 
with  water  for  the  extinguishment  of  fires  and  for  domestic 
and  other  purposes,  with  power  to  establish  fountains  and 
hydrants,  and  to  relocate  and  discontinue  the  same,  to 
regulate  the  use  of  such  water  and  to  fix  and  collect  rates  to 
be  paid  therefor,  and  to  take  or  acquire  by  lease,  purchase  or 
otherwise,  and  to  hold  property,  lands,  rights  of  way  and 
easements  for  the  purpose  mentioned-  in  this  act,  and  to 
prosecute  and  defend  in  all  actions  relating  to  the  property 
and  affairs  of  the  district. 

Section  2.  Said  water  supply  district,  for  the  purposes  May  acquire 
aforesaid,  may  take  or  acquire  by  purchase  or  otherwise,  and  water^  etc. 
hold,  the  waters  of  any  pond  or  stream  or  of  any  ground  source 
of  supply  by  means  of  driven,  artesian  or  other  wells  within 
the  limits  of  the  district,  or  in  the  town  of  Shirley,  and  the 
water  rights  connected  with  any  such  water  sources.  The 
said  water  supply  district  may  also  take,  or  acquire  by 
purchase  or  otherwise,  and  hold,  all  lands,  rights  of  way  and 
easements  necessary  for  collecting,  storing,  holding,  purifying 
and  preserving  the  purity  of  the  water  and  for  conveying 
the  same  to  any  part  of  said  district:  yrmided,  however,  that  Proviso. 
no  source  of  water  supply  and  no  lands  necessary  for  pre- 
serving the  quality  of  the  water  shall  be  taken  or  used  without 
first  obtaining  the  advice  and  approval  of  the  state  board  of 
health,  and  that  the  location  of  all  dams,  reservoirs  and 
wells  to  be  used  as  sources  of  water  supply  under  this  act 
shall  be  subject  to  the  ap"proval  of  said  board.  Said  district 
may  construct  on  the  lands  acquired  under  the  provisions 


736 


Acts,  1911.  — Chat.  Oil. 


Taking  to  be 
recorded. 


Damages. 


of  this  act,  proper  dams,  reservoirs,  standpipes,  tanks, 
buildings,  fixtures  and  other  structures,  and  may  make 
excavations,  procure  and  operate  machinery,  and  pro\ide 
such  other  means  and  appHances,  and  do  such  other  things 
as  may  be  necessary  for  the  estabhshment  and  maintenance 
of  complete  and  effective  water  works;  and  for  that  purpose 
may  construct  wells  and  reservoirs  and  establish  pumjjing 
works,  and  may  construct,  lay  and  maintain  aqueducts, 
conduits,  pipes  and  other  works  under  or  over  any  land, 
water  course,  railroads,  railways  and  public  or  other  ways, 
and  along  any  such  ways,  in  such  manner  as  not  unneces- 
sarily to  obstruct  the  same;  and  for  the  purpose  of  con- 
structing, laying,  maintaining,  operating  and  repairing  such 
conduits,  pipes  and  other  works,  and  for  all  proper  purposes 
of  this  act,  said  district  may  dig  up  or  raise  and  em])ank  any 
such  lands,  highways  or  other  ways  in  such  manner  as  to  cause 
the  least  hindrance  to  public  travel  on  such  ways;  and  all 
things  done  upon  any  such  way  shall  be  subject  to  the  direc- 
tion of  the  selectmen  of  the  town  of  Groton. 

Section  3.  Said  water  supply  district  shall,  within 
ninety  days  after  the  taking  of  any  lands,  rights  of  way, 
water  rights,  water  sources  or  easements  under  the  provisions 
of  this  act,  file  and  cause  to  be  recorded  in  the  registry  of 
deeds  for  the  county  or  district  in  which  the  same  are  situated 
a  description  thereof  sufficiently  accurate  for  identification, 
with  a  statement  of  the  purpose  for  which  the  same  were 
taken,  signed  by  the  water  commissioners  hereinafter  pro- 
vided for.  The  title  to  all  land  taken,  purchased  or  acquired 
in  any  way  under  the  provisions  of  this  act  shall  vest  in  said 
West  Groton  Water  Supply  District,  and  the  land  so  acquired 
may  be  managed,  improved  and  controlled  by  the  board  of 
water  commissioners  hereinafter  provided  for,  in  such 
manner  as  they  shall  deem  for  the  best  interest  of  the  district. 

Section  4.  Said  district  shall  pay  all  damages  to  property 
sustained  by  any  person  or  corporation  by  the  taking  of  any 
land,  right  of  way,  water,  water  soiuve,  water  right  or  ease- 
ment, or  by  any  other  thing  done  by  said  district  under 
authority  of  this  act.  Any  person  or  corporation  sustaining 
damages  as  aforesaid,  and  failing  to  agree  with  the  district 
as  to  the  amount  thereof,  may  have  the  same  determined 
in  the  manner  provided  by  law  in  the  case  of  land  taken  for 
the  laying  out  of  highways,  on  ap])lication  at  any  time 
within  two  years  after  the  taking  of  such  land  or  other  proj)- 
erty  or  the  doing  of  other  injury  under  authority  of  this  act; 


Acts,  1911.  — Chap.  Oil.  737 

but  no  such  application  shall  be  made  after  the  expiration 
of  said  two  years,  and  no  application  for  assessment  of 
damages  shall  be  made  for  the  taking  of  any  water  or  water 
right,  or  for  any  injury  thereto,  until  the  water  is  actually 
withdrawn  or  diverted  by  the  district  under  authority  of 
this  act.  Said  district  may  by  vote,  from  time  to  time, 
determine  what  amount  or  quantity  of  water  it  proposes  to 
take  and  appropriate  under  this  act;  in  which  case  any 
damages  caused  by  such  taking  shall  be  based  upon  that 
amount  or  quantity  until  the  same  shall  be  increased  by 
vote  or  otherwise,  and  in  that  event  said  district  shall  be 
liable  further  only  for  the  additional  damage  caused  by 
such  additional  taking. 

Section  5.  Said  district,  for  the  purpose  of  paying  the  Westoroton 
necessary  expenses  and  liabilities  incurred  under  the  pro-  piy  oLfrict 
visions  of  this  act,  may  issue  from  time  to  time  bonds,  notes  ^^*^''  ^°^^- 
or  scrip  to  an  amount  not  exceeding  twenty-five  thousand 
dollars.  Such  bonds,  notes  or  scrip  shall  bear  on  their  face 
the  words.  West  Groton  Water  Supply  District  Water  Loan; 
shall  be  payable  at  the  expiration  of  periods  not  exceeding 
thirty  years  from  the  dates  of  issue;  shall  bear  interest, 
payable  semi-annually,  at  a  rate  not  exceeding  four  and  one 
half  per  cent  per  annum;  and  shall  be  signed  by  the  treasurer 
of  the  district  and  countersigned  by  the  water  commissioners 
hereinafter  provided  for.  Said  district  may  sell  such  se- 
curities at  public  or  private  sale,  upon  such  terms  and  con- 
ditions as  it  may  deem  proper;  but  they  shall  not  be  sold  for 
less  than  their  par  value.  The  town  of  Groton  may,  at  its 
annual  town  meeting  or  at  a  special  meeting  duly  called  for 
the  purpose,  guarantee  the  payment  of  such  bonds,  notes  or 
scrip. 

Section  6.  Said  district  shall,  at  the  time  of  authorizing  Payment  of 
said  loan,  provide  for  the  payment  thereof  in  such  annual 
proportionate  payments,  beginning  not  more  than  five  years 
after  the  first  issue  of  such  bonds,  notes  or  scrip,  as  will 
extinguish  the  same  within  the  time  prescribed  by  this  act; 
and  when  a  vote  to  that  effect  has  been  passed  a  sum  which, 
with  the  income  derived  from  water  rates,  will  be  sufficient 
to  pay  the  annual  expense  of  operating  its  water  works  and 
the  interest  as  it  accrues  on  the  bonds,  notes  or  scrip  issued 
as  aforesaid  by  said  district,  and  to  make  such  payments  on 
the  principal  as  may  be  required  under  the  provisions  of 
this  act,  shall  without  further  vote  be  raised  annually  by 
taxation  in  the  manner  hereinafter  provided. 


738 


Acts,  1911.  — Chap.  641. 


Copy  of  tax 
voted  to  be 
sent  to 
assessors. 


Provisos. 


First 
meeting. 


Section  7.  Whenever  a  tax  is  duly  voted  by  said  district 
for  the  purposes  of  this  act,  the  clerk  shall  send  a  certified 
copy  of  the  vote  to  the  assessors  of  the  town  of  Groton,  who 
shall  proceed  within  thirty  days  thereafter  to  assess  the 
same  in  the  same  manner  in  which  town  taxes  are  required 
by  law  to  be  assessed:  provided,  however,  that  no  estate  shall 
be  subject  to  the  said  tax  if,  in  the  judgment  of  the  board 
of  water  commissioners  hereinafter  provided  for,  the  estate 
is  so  situated  that  it  can  receive  no  aid  for  the  extinguish- 
ment of  fire  from  the  said  system  of  water  supply,  or  if  such 
estate  is  so  situated  that  the  buildings  thereon,  or  the  build- 
ings that  might  be  constructed  thereon,  in  any  ordinary  or 
reasonable  manner,  could  not  be  supplied  with  water  from 
the  said  svstem;  but  all  other  estates  in  the  district  shall 
be  deemed  to  be  benefited  and  shall  be  subject  to  the  tax. 
A  certified  list  of  the  estates  exempt  from  taxation  under  the 
provisions  of  this  section  shall  annually  be  sent  by  the  water 
commissioners  to  the  assessors,  at  the  same  time  at  which 
the  clerk  sends  a  certified  copy  of  the  vote  as  aforesaid. 
The  assessment  shall  be  committed  to  the  town  collector, 
who  shall  collect  said  tax  in  the  manner  provided  by  law 
for  the  collection  of  town  taxes,  and  shall  deposit  the  pro- 
ceeds thereof  with  the  district  treasurer  for  the  use  and 
benefit  of  said  district.  Said  district  may  collect  overdue 
interest  on  taxes  in  the  manner  in  which  interest  is  authorized 
to  be  collected  on  town  taxes;  provided,  that  said  district  at 
the  time  of  voting  to  raise  the  tax  shall  so  determine  and 
shall  also  fix  a  time  for  payment  thereof. 

Section  8.  The  first  meeting  of  said  district  shall  be 
called  on  petition  of  ten  or  more  legal  voters  therein,  by  a 
warrant  from  the  selectmen  of  the  town  of  Groton  or  from 
a  justice  of  the  peace,  directed  to  one  of  the  petitioners, 
requiring  him  to  give  notice  of  the  meeting  by  posting  copies 
of  the  warrant  in  two  or  more  public  places  in  the  district 
seven  days  at  least  before  the  time  of  the  meeting.  The 
said  justice  of  the  peace  or  one  of  the  selectmen  shall  preside 
at  the  meeting  until  a  clerk  is  chosen  and  sworn,  and  the  clerk 
shall  preside  until  a  moderator  is  chosen.  After  the-  choice 
of  a  moderator  for  the  meeting  the  question  of  the  accept- 
ance of  this  act  shall  be  submitted  to  the  voters,  and  if  the 
act  is  accepted  by  a  majority  vote  of  the  voters  present  and 
voting  thereon  it  shall  take  eil'ect,  and  the  meeting  may  then 
j)roceed  to  act  on  the  other  articles  contained  in  the  warrant. 


Acts,  1911.  — Chap.  641.  739 

Section  9.    The  West   Groton   Water   Supply   District  water  com- 

1      11        J"  1  i>      I  •  p  .  ,        I  missioners, 

shall,  alter  the  acceptance  oi  this  act  as  aioresaid,  elect  by  election, 
ballot  three  persons  to  hold  office,  one  until  the  expiration 
of  three  years,  one  until  the  expiration  of  two  years  and  one 
until  the  expiration  of  one  year  from  the  next  succeeding 
annual  district  meeting,  to  constitute  a  board  of  water  com- 
missioners; and  at  every  annual  meeting  thereafter  one  such 
commissioner  shall  be  elected  by  ballot  for  the  term  of  three 
years.  All  the  authority  granted  to  said  district  by  this 
act,  and  not  otherwise  specifically  provided  for,  shall  be 
vested  in  said  board  of  water  commissioners,  who  shall  be 
subject  however  to  such  instructions,  rules  and  regulations 
as  the  district  may  impose  by  its  vote.  Said  commissioners 
shall  appoint  a  treasurer  of  the  district,  who  may  be  one  of 
their  number,  who  shall  give  bonds  to  the  district  to  such 
an  amount,  and  with  such  sureties  as  may  be  approved  by 
the  commissioners.  A  majority  of  the  commissioners  shall 
constitute  a  quorum  for  the  transaction  of  business.  Any  vacancy, 
vacancy  occurring  in  said  board  from  any  cause  may  be  filled 
for  the  remainder  of  the  unexpired  term  by  said  water  supply 
district  at  any  legal  meeting  called  for  the  purpose.  No 
money  shall  be  drawn  from  the  district  treasury  on  account 
of  the  water  works,  except  by  a  written  order  of  said  com- 
missioners or  a  majority  of  them. 

Section  10.  Said  commissioner  shall  fix  just  and  equi-  Water  rates. 
table  prices  and  rates  for  the  use  of  water,  and  shall  prescribe 
the  time  and  manner  of  payment.  The  income  of  the  water 
works  shall  be  applied  to  defraying  all  operating  expenses, 
interest  charges  and  payments  on  the  principal  as  they 
accrue  upon  any  bonds,  notes  or  scrip  issued  under  authority 
of  this  act.  If  there  should  be  a  net  surplus  remaining  after 
providing  for  the  aforesaid  charges,  it  may  be  used  for  such 
new  construction  as  the  water  commissioners  may  determine 
upon,  and  in  case  a  surplus  should  remain  after  payment 
for  such  new  construction  the  water  rates  shall  be  reduced 
proportionately.  No  money  shall  be  expended  in  new  con- 
struction by  the  water  commissioners,  except  from  the  net 
surplus  aforesaid,  unless  the  district  appropriates  and  pro- 
vides money  therefor.  Said  commissioners  shall  annually, 
and  as  often  as  the  district  may  require,  render  a  report 
upon  the  condition  of  the  works  under  their  charge  and  an 
account  of  their  doings,  including  an  account  of  all  receipts 
and  expenditures. 


7J:0 


Acts,  1911.  —  Chap.  G12. 


Bylaws. 


Penalty  for 
con-uptiiig 
or  polluting 
water. 


Tinifi  of 
taKiiig  effect. 


Section  11.  Said  district  may  adopt  by-laws  prescrib- 
ing by  wliom  and  how  meetings  may  be  called,  notified 
and  conducted;  and  upon  the  application  of  ten  or  more 
legal  voters  in  the  district,  meetings  may  also  be  called  by 
warrant  as  provided  in  section  eight.  Said  district  may 
also  choose  such  other  officers  not  provided  for  in  tliis  act 
as  it  may  deem  necessary  or  proper. 

Section  12.  Whoever  wilfully  or  wantonly  corrupts, 
])ollutes  or  diverts  any  water  obtained  or  supplied  uiuler 
this  act,  or  wilfully  or  wantonly  injures  any  reservoir,  stand- 
pipe,  ac^ueduct,  pipe  or  other  property  owned  or  used  by 
said  district  for  the  purposes  of  this  act,  shall  forfeit  and 
pay  to  the  district  three  times  the  amount  of  damages 
assessed  therefor,  to  be  recovered  in  an  action  of  tort,  and 
upon  conviction  of  any  of  the  above  acts  shall  be  punished 
by  a  fine  not  exceeding  one  hundred  dollars  or  by  imprison- 
ment in  jail  for  a  term  not  exceeding  six  months. 

Section  13.  This  act  shall  take  effect  upon  Its  accept- 
ance by  a  majority  vote  of  the  voters  of  said  district  present 
and  voting  thereon  at  a  district  meeting  called  in  accord- 
ance with  the  provisions  of  section  eight,  within  three  years 
after  the  passage  of  this  act;  but  it  shall  become  void  unless 
the  said  district  shall  begin  to  distribute  water  to  consumers 
within  two  years  after  the  date  of  the  acceptance  of  this 
act  as  aforesaid.  Approved  July  7,  1911. 


1908,  604, 
§  ir.8, 
amended. 


Chap.64:2  An  Act  relative  to  non-commissioned  officers  of  the 

militia. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  hundred  and  fifty-eight  of 
chapter  six  hundred  and  four  of  the  acts  of  the  year  nine- 
teen hundred  and  eight  is  hereby  amended  by  inserting 
after  the  word  "officers",  in  the  ninth  and  thirteenth  lines, 
the  words:  —  and  non-commissioned  officers,  —  so  as  to 
read  as  follows:  —  Section  158.  Brigade  commanders  may, 
six  times  in  each  year,  call  meetings  for  instniction  of  their 
staff  officers,  including  attached  (lei)artinental  officers,  field 
officers,  adjutants,  and  captains  of  unattached  companies 
of  their  commands,  at  some  convenient  place  within  the 
limits  of  their  brigades,  or  at  such  place  as  the  commander- 
in-chief  may  designate.  Coinmaiiders  of  regiments,  sepa- 
rate battalion,  sfiuadron,  na\al  brigade  and  corps  of  cadets 
may  call  similar  meetings  of  the  olHcers  and  non-cominis- 
sioncd    officers    of    their    respective    commands,    including 


Meetings  of 
ofdcprs  for 
instruction, 
etc. 


Acts,  1911.  — Chap.  G13.  741 

attached  departmental  officers,  six  times  in  each  year.  No 
compensation  shall  be  allowed  for  attendance  at  such  meet- 
ings, but  the  quartermaster-general  shall  provide  the  neces- 
sary transportation  for  all  officers  and  non-commissioned 
officers  attending  such  meetings,  at  the  rates  established 
by  law,  when  the  distance  travelled  exceeds  five  miles.  At 
the  discretion  of  the  commander-in-chief  a  school  for  officers 
may  be  established  in  any  part  of  the  commonwealth,  under 
such  regulations  as  he  deems  proper. 
Section  2.     The  first  sentence  of  section  one  hundred  J^Pjs  co4, 

s  1  T4 

and  seventy-four  of  said  chapter  six  hundred  and  four  is  amended. 
hereby  amended  by  inserting  after  the  word  "officers", 
in  the  thirteenth  line,  the  words:  —  and  non-commissioned 
officers,  —  so  that  the  first  sentence  of  the  said  section  will 
read  as  follows :  —  There  shall  be  allowed  and  paid  to  each  Allowances 
officer  and  soldier  required  to  travel  on  duty,  as  follows:  etc/^''^^'' 
under  sections  one  hundred  and  forty-one,  one  hundred 
and  forty-two,  one  hundred  and  fifty-one,  one  hundred 
and  fifty-two  and  one  hundred  and  sixty,  two  cents  a  mile 
each  way,  computed  by  the  most  direct  railroad  commu- 
nication from  the  place  in  which  the  headquarters  of  the 
various  commands  and  the  armories  of  the  companies 
are  situated;  and  when  upon  duty  as  a  member  or  judge 
advocate  of  any  military  court  or  board,  or  as  a  witness 
or  defendant  before  such  court  or  board,  when  appearing 
before  the  board  of  examiners  provided  for  in  section  sixty- 
three,  when  attending  meetings  of  officers  and  non-com- 
missioned officers,  as  provided  in  section  one  hundred  and 
fifty-eight;  when  acting  as  the  presiding  officer  at  an  elec- 
tion, as  an  elector  at  the  election  of  a  general  or  field  officer, 
or  as  a  paymaster,  or  in  any  case  when  obliged  by  orders 
of  the  commander-in-chief  to  travel  without  troops,  —  four 
cents  a  mile  each  way,  computed  by  the  most  direct  railroad 
communication  from  the  residence  of  the  officer  or  soldier. 
Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  7,  1911. 

An  Act  making  appropriations  for  salaries  and  ex-  (JJian.Qi.^ 

PENSES  in  the  department  OF  THE  STATE  BOARD  OF 
HEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth  of'health!'*^ 
from  the  ordinary  revenue,  for  the  salaries  and  expenses 


742 


Acts,  1911.  — Chap.  G44. 


Secretary. 

Work  of  the 
board,  etc. 


Inspection 
of  milk. 


Examination 
of  sewer 
outlets. 

Antitoxin 
and  vaccine 
lymph. 


Annual 
4'eport. 

Engineers, 

chemists, 

etc. 


Inspectors 
of  health. 


Health 
districts. 

Watershed  of 
the  Charlies 
river  basin. 


Examination 
of  plumbers. 

Prevention  of 

ophthalmia 

neonatorum. 


of  the  state  board  of  health,  for  the  fiscal  year  ending  on 
the  thirtieth  day  of  November,  nineteen  hundred  and 
eleven,  to  wit:  — 

For  the  salary  of  the  secretary,  five  thousand  dollars. 

For  the  general  work  of  the  board,  including  travelling 
expenses,  a  sum  not  exceeding  twenty  thousand  dollars. 

For  salaries  and  expenses  in  the  inspection  of  milk,  food 
and  drugs,  a  sum  not  exceeding  fourteen  thousand  five 
hundred  dollars. 

For  expenses  in  the  examination  of  sewer  outlets,  a  sum 
not  exceeding  fourteen  thousand  dollars. 

For  expenses  in  the  production  and  distribution  of  anti- 
toxin and  vaccine  lymph,  a  sum  not  exceeding  twenty  thou- 
sand dollars. 

For  printing  and  binding  the  annual  report,  a  sum  not 
exceeding  five  thousand  dollars. 

For  the  services  of  engineers,  chemists,  biologists  and 
other  assistants,  and  for  other  expenses  in  protecting  the 
purity  of  inland  waters,  a  sum  not  exceeding  thirty-six 
thousand  dollars. 

For  salaries  of  the  inspectors  of  health,  a  sum  not  ex- 
ceeding twenty-five  thousand  dollars. 

For  expenses  under  the  act  establishing  health  districts, 
a  sum  not  exceeding  sixty-eight  hundred  dollars. 

For  expenses  in  connection  with  the  watershed  of  the 
Charles  river  basin  in  the  city  of  Boston,  a  sum  not  exceed- 
ing eighteen  hundred  dollars. 

For  the  compensation  and  expenses  of  the  state  examiners 
of  plumbers,  a  sum  not  exceeding  fifty-one  hundred  dollars. 

For  expenses  in  carrying  out  the  provisions  of  the  act 
relative  to  the  prevention  of  ophthalmia  neonatorum,  a 
sum  not  exceeding  twenty-five  hundred  dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

AjJjJroved  July  7,  1911. 


Chap.G4:4L  An  Act  to  provide  for  a  water  supply  for  the  snELBURNE 

FALLS   FIRE   DISTRICT  AND   ITS   INIIAHITANTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Shelburne  Falls  Fire  District  in  the 
towns  of  Buckland  and  Slu'lburne,  cstabli.slu'd  by  chapter 
two  hundred  and  .sixty-two  of  the  acts  of  the  year  eighteen 
hundred  and  fifty-five  and  acts  in  amendment  thereof  and 
in  addition  thereto,  may  siipj)ly  itself  and  its  inhabitants 


Water  supply 
for  tho 
Sliclliiirno 
Falls  Fire 
District. 


Acts,  1911.  — Chap.  GM.  743 


with  water  for  extinguishing  fires  and  for  domestic,  manu- 
facturing and  other  purposes;  may  estabHsh  fountains 
and  hydrants,  and  relocate  or  discontinue  the  same,  and 
may  regulate  the  use  of  water,  and  fix  and  collect  rates 
to  be  paid  for  the  use  of  the  same. 
Section  2.    The  Shelburne  Falls  Fire  District  for  the  May  take  the 

f>  •  1  ,1  •  1  1  waters  of 

purposes  aioresaid  may  take,  or  acquu'e   by  purchase  or  pox  brook, 
otherwise,  and  hold,  the  waters  of  Fox  brook  in  the  towns  ^*''" 
of  Colrain  and  Shelburne,  and  the  waters  flowing  into  and 
from  the  same,  together  with  any  and  all  water  rights  con- 
nected therewith,  and  the  waters  of  Houghton  brook  in 
Colrain  and  Charlemont,  and  the  waters  flowing  into  and 
from  the  same,   and  the  waters  of  Fink  brook,  together 
with  any  and  all  water  rights  connected  therewith,  or  any 
other  source  of  water  supply  in  the  towns  of  Buckland  and 
Shelburne  which  may  be  approved  by  the  state  board  of 
health,   may   purchase  any  existing  system  for  supplying 
water,  and  may  also  take,  or  acquire  by  purchase  or  other- 
wise, and  hold,  all  rights  of  way,  easements  and  lands  in 
the   towns   of   Colrain,    Charlemont,    Buckland   and    Shel- 
burne necessary  for  conveying  the  water  to  and  through 
said  district,   and  over  or  under  the  Deerfield  river  and 
North  river.     No  source  of  water  supply  for  domestic  pur- 
poses shall  be  taken  under  this  act  without  the  consent 
and  approval  of  the  state  board  of  health.     The  said  fire  May  con- 
district  may  construct  on  the  lands  thus  acquired  proper  r^ervoir™^' 
dams,  reservoirs,  buildings,  fixtures  and  other  structures,  *''*'• 
and  may  make  excavations,  procure  and  operate  machinery 
and  provide  such  other  means  and  appliances  as  may  be 
necessary  to  establish  and  maintain  complete  and  effective 
water  works;    and  may  construct  and  lay  conduits,  pipes 
and  other  works  under  or  over  any  such  water  courses, 
railroads,  railways  or  public  or  private  ways,   and  along 
such  ways,  in  such  manner  as  not  unnecessarily  to  obstruct 
the  same,  and  for  the  purpose  of  constructing,  maintaining 
and  repairing  such  conduits,   pipes  and  other  works  and 
for  all  proper  purposes  of  this  act  the  said  fire  district  may 
dig  up  any  such  lands,  and  may  enter  upon  and  dig  up  any 
such  ways  in  such  manner  as  to  cause  the  least  possible 
hindrance  to  public  travel.      The  title  to  all  land  taken  or  Title  to  vest 
purchased  under  the  provisions  of  this  act  shall  vest  in  said  bJ,rno  Fans 
Shelburne  Falls  Fire  District,  and  the  land  so  taken  may  ^ire  District. 
be  managed,  improved  and  controlled  by  the  board  of  water 
commissioners  hereinafter  provided  for,  in  such  manner  as 


744 


Acts,  1911.  —  Chap.  041. 


Taking  to  be 
recorded. 


Damages. 


Tho  district 
may  tender 
a  certain 
sum  for 
damages,  etc. 


they  shall  deem  for  the  best  interests  of  the  district.  The 
district  shall  not  enter  upon,  construct  or  lay  any  conduits, 
pipes  or  other  works  within  the  location  of  any  railroad 
corporation,  except  at  such  time  and  in  such  manner  as  it 
may  agree  upon  with  such  corporation,  or,  in  case  of  failure 
to  so  agree,  as  may  be  approved  by  the  board  of  railroad 
commissioners. 

Section  3.  The  Shelburne  Falls  Fire  District  shall, 
within  sixty  days  after  the  taking  of  any  lands,  rights  of 
way,  water  rights,  water  sources  or  easements,  as  afore- 
said, file  and  cause  to  be  recorded  in  the  registry  of  deeds 
for  the  county  of  Franklin  a  description  thereof,  sufficiently 
accurate  for  identification,  with  a  statement  of  the  purpose 
for  which  the  same  were  taken,  signed  by  the  water  commis- 
sioners hereinafter  provided  for. 

Section  4.  The  Shelburne  Falls  Fire  District  shall 
pay  all  damages  to  property  sustained  by  any  person  or 
corporation  by  the  taking  of  any  lands,  rights  of  way, 
water,  water  sources,  water  rights  or  easement,  or  by  any 
other  thing  done  by  said  district  under  the  authority  of 
this  act.  Any  person  or  corporation  sustaining  damages 
as  aforesaid  under  this  act  and  failing  to  agree  with  said 
district  as  to  the  amount  thereof  may  have  the  same  assessed 
and  determined  in  the  manner  provided  by  law  in  the  case 
of  land  taken  for  the  laying  out  of  highways,  on  making 
application,  at  any  time,  within  the  period  of  two  years 
after  the  taking  of  such  land  or  other  property  or  the  doing 
of  other  injury  under  the  authority  of  this  act;  but  no 
such  application  shall  be  made  after  the  expiration  of  said 
two  years.  No  application  for  the  assessment  of  damages 
shall  be  made  for  the  taking  of  any  water,  water  right  or 
for  any  injury  thereto  until  the  water  is  actually  withdrawn 
or  diverted  by  the  Shelburne  Falls  Fire  District  under 
authority  of  this  act. 

Section  5.  In  every  case  of  a  petition  to  the  superior 
court  for  an  assessment  of  damages,  the  said  district  may 
tender  to  the  petitioner,  or  his  attorney,  any  sum,  or  may 
bring  the  same  into  court  to  be  paid  to  the  petitioner  for 
the  damages  by  him  sustained  or  claimed  in  his  petition, 
or  may  in  writing  otfer  to  be  defaulted  and  that  damages 
may  be  awarded  against  it  for  the  sum  therein  expressed, 
and  if  the  petitioner  does  not  accept  such  sum,  with  his 
costs  tip  to  that  time,  but  proceeds  in  his  suit,  and  does 
not  rec()\er  greater  damages  than  were  so  oilered  or  ten- 


Acts,  1911.  — Chap.  614  745 

dered,  not  including  interest  on  the  sum  recovered  as  dam- 
ages from  the  date  of  such  offer  or  tender,  the  Shelburne 
Falls  Fire  District  shall  recover  judgment  for  its  costs  after 
said  date,  for  which  execution  shall  issue;  and  the  peti- 
tioner, if  he  recovers  damages,  shall  be  allowed  his  costs 
only  to  the  date  of  such  offer  or  tender. 

Section  6.     Said  district  may,  for  the  purpose  of  paying  sheiburne 
the  necessary  expenses   and  liabilities  incurred   under  the  Dk'tH^t"* 
provisions  of  this  act,  issue  from  time  to  time  bonds,  notes  Acfof  1911' 
or  scrip  to  an  amount  not  exceeding  seventy-five  thousand 
dollars.     Such  bonds,  notes  or  scrip  shall  bear  on  their  face 
the  words,  Shelburne  Falls  Fire  District  Water  Loan,  Act 
of  1911,  shall  be  payable  at  the  expiration  of  periods  not 
exceeding  thirty  years  from  the  date  of  issue,  shall  bear  in- 
terest, payable  semi-annually,  at  a  rate  not  exceeding  four 
per  cent  per  annum,  and  shall  be  signed  by  the  treasurer 
of  the  Shelburne  Falls  Fire  District  and  countersigned  by 
the   water   commissioners    hereinafter    provided    for.     Said 
district  may  sell  such  securities  at  public  or  private  sale, 
upon  such  terms  and  conditions  as  it  may  deem  proper,  but 
they  shall  not  be  sold  for  less  than  their  par  value. 

Section  7.  Said  district  shall,  at  the  time  of  author-  Payment  of 
izing  said  loan,  provide  for  the  payment  thereof  in  such  '°'*°' 
annual  proportionate  payments,  beginning  not  more  than 
five  years  after  the  first  issue  of  such  bonds,  notes  or  scrip, 
as  will  extinguish  the  same  within  the  time  prescribed  by 
this  act;  and  when  a  vote  to  that  effect  has  been  passed  a 
sum  which,  with  the  income  derived  from  water  rates,  will 
be  sufficient  to  pay  the  annual  expense  of  operating  its 
water  works  and  the  interest  as  it  accrues  on  the  bonds, 
notes  or  scrip  issued  as  aforesaid  by  said  district,  and  to 
make  such  payments  on  the  principal  as  may  be  required 
under  the  provisions  of  this  act,  shall  without  further  vote 
be  assessed  by  the  assessors  of  said  district  in  each  year 
thereafter,  in  the  same  manner  in  which  other  taxes  are 
assessed,  until  the  debt  incurred  by  said  loan  is  extinguished. 

Section  8.     Whoever    wilfully    or    wantonly    corrupts.  Penalty  for 
pollutes  or  diverts  any  water  taken  or  held  under  this  act,  o^'poHuUng 
or  injures  any  structure,  work  or  other  property  owned,  '^^^^^<  etc. 
held  or  used  by  said  district  under  authority  of  this  act, 
shall  forfeit  and  pay  to  the  said  district  three  times  the 
amount  of  damages  assessed  therefor,  to  be  recovered  in  an 
action  of  tort;    and,  upon  being  convicted  of  any  of  the 
above  wilful  or  wanton  acts,  shall  be  punished  by  a  fine 


74G 


Acts,  1911.  — Chap.  644. 


Water  com- 
missioners, 
election, 
terms,  etc. 


Vacancy. 


Contracts, 
etc. 


Time  of 
taking  effect. 


not  exceeding  three  hundred  dollars,  or  by  imprisonment 
in  jail  for  a  term  not  exceeding  one  year. 

Section  9.  Said  district  shall,  ai'ter  its  acceptance  of 
this  act,  at  the  same  meeting  at  which  the  act  is  accepted, 
or  at  a  subsequent  meeting  called  for  the  purpose,  elect  by 
ballot  three  persons  to  hold  office,  one  until  the  expiration 
of  three  years,  one  until  the  expiration  of  two  years,  and 
one  until  the  expiration  of  one  year  from  the  next  suc- 
ceeding annual  district  meeting,  to  constitute  a  board  of 
water  commissioners;  and  at  every  annual  meeting  there- 
after one  such  commissioner  shall  be  elected  by  ballot 
for  the  term  of  three  years.  All  the  authority  granted  to 
the  said  district  by  this  act  and  not  otherwise  specifically 
provided  for  shall  be  vested  in  the  said  board  of  water 
commissioners,  who  shall  be  subject,  however,  to  such  in- 
structions, rules  and  regulations  as  the  district  may  impose 
by  its  vote.  A  majority  of  the  board  of  commissioners 
shall  constitute  a  quorum  for  the  transaction  of  business. 
Any  vacancy  occurring  in  the  said  board  from  any  cause 
may  be  filled  for  the  remainder  of  the  unexpired  term  by 
the  said  water  supply  district  at  any  legal  meeting  called 
for  the  purpose.  No  money  shall  be  drawn  from  the  dis- 
trict treasury  on  account  of  the  water  works  except  by  a 
written  order  of  the  said  commissioners  or  a  majority  of  them. 

Section  10.  Said  district  may  make  such  contracts  with 
individuals  and  corporations  for  supplying  water  as  may  be 
agreed  upon,  and  may  extend  its  pipes  for  that  purpose, 
under  the  direction  of  the  selectmen  or  highwa}'  commis- 
sioners, through  the  streets  and  highways  of  the  towns  of 
Shelburne  and  Buckland  lying  outside  the  corporate  limits 
of  said  district.  Said  disti'ict  may  fix  and  collect  rates 
for  the  use  of  water,  and  may  discontiinie  or  shut  oft'  the 
water  for  the  non-payment  thereof  and  for  violation  of  the 
terms  of  any  contract  made  in  accordance  with  this  section. 

Section  11.  This  act  shall  take  full  effect  upon  its 
acceptance  by  a  majority  of  the  legal  voters  of  the  Shel- 
burne Falls  Fire  District  present  and  voting  thereon  by 
ballot  at  a  legal  fire  district  meeting  called  for  the  purpose 
within  six  months  after  the  passage  of  this  act.  Notice 
of  the  meeting  shall  be  given  by  posting  a  copy  of  the  call 
in  at  least  five  consjiicuous  places  in  said  district,  antl  by 
})ul)Hshing  said  call,  together  with  a  copy  of  this  act.  in 
one  or  more  newspapers  publislied  in  the  town  or  towns 
within  which  the  district  is  situated  not  less  than  seven 


Acts,  1911.  — CiiAr.  64.5.  747 

days  before  the  date  of  said  meeting,  and  in  such  other  man- 
ner as  the  rules  or  by-laws  of  the  district  require:   provided,  Proviso. 
however,  that  the  number  of  meetings  so  called  within  the 
said  period  shall  not  exceed  two. 

Section  12.  This  act,  for  the  purpose  of  being  sub- 
mitted to  the  voters  of  the  said  district,  shall  take  effect 
upon  its  passage.  Approved  July  10,  1911. 

An  Act  to  amend  the  charter  of  the  city  of  lowell.  CliapSj4:5 
Be  it  enacted,  etc.,  as  follmvs: 

Section  1 .  The  government  of  the  city  of  Lowell  and  the  city  of 
general  management  and  control  of  all  its  affairs  shall  be  ^°^^''- 
vested  in  a  municipal  council,  which  shall  be  elected  and 
shall  exercise  its  powers  in  the  manner  hereinafter  set  forth; 
except,  however,  that  the  general  management  and  control 
of  the  public  schools  of  the  city  and  of  the  property  per- 
taining thereto  shall  be  vested  in  a  school  committee. 

Section  2.     The  municipal  council  shall  consist  of  five  Municipal 
members,  to  wit,  a  mayor  and  four  aldermen.     The  school  '^°""'^''- 
committee  shall  consist  of  five  members.     All  the  above 
officers  shall  be  elected  at  large  by  and  from  the  qualified 
voters  for  terms  of  two  years,  unless  it  is  otherwise  provided 
in  this  act. 

Section  3.    The    annual    city   election   of   the   city   of  ^"^"-0^ 
Lowell  shall  be  held  on  the  third  Tuesday  of  December  in 
the  current  year,  and  thereafter  on  the  second  Tuesday  of 
December  in  each  year.     Every  special  city  election  shall 
be  held  on  a  Tuesday. 

Section  4.    The  municipal  year  shall  begin  at  ten  o'clock  Municipal 
in  the  forenoon  on  the  first  Monday  of  January,  and  shall  ^ 
continue   until   ten   o'clock   in   the   forenoon   on   the   first 
Monday  of  the  January  next  following. 

Section  5.  In  the  year  nineteen  hundred  and  eleven.  Election  of 
and  in  every  second  year  thereafter,  there  shall  be  elected  ™'^^°''- 
at  the  annual  city  election  a  mayor.  In  the  year  nineteen 
hundred  and  eleven  there  shall  be  elected  four  aldermen  and 
five  members  of  the  school  committee.  The  two  candidates 
receiving  the  largest  number  of  votes  for  aldermen  shall  be 
elected  for  the  term  of  two  municipal  years,  and  the  two 
candidates  receiving  the  next  largest  number  of  votes  shall 
be  elected  for  the  term  of  one  municipal  year.  The  two 
candidates  receiving  the  highest  number  of  votes  for  the 
school  committee  shall  be  elected  for  the  term  of  two  munic- 


748 


Acts,  1911.  —  Chap.  645. 


Preliminary 
election  of 
candidates. 


Time  of 
opening  and 
closing  the 
polls,  etc. 


OfTlcial 
l>allot.s. 


ipal  years,  and  the  three  can(hdates  receiving  the  next 
highest  number  of  votes  shall  be  elected  for  the  term  of  one 
municipal  year.  In  the  year  nineteen  hundred  and  twelve, 
and  every  year  thereafter,  there  shall  be  elected  two  aldermen 
for  the  term  of  two  municipal  years.  In  the  year  nineteen 
hundred  and  twelve,  and  every  second  year  thereafter,  there 
shall  be  elected  three  members  of  the  school  committee 
for  the  term  of  two  municipal  years.  In  the  year  nineteen 
hundred  and  thirteen,  and  every  second  year  thereafter, 
there  shall  be  elected  two  members  of  the  school  committee 
for  the  term  of  two  municipal  years.  Except  as  aforesaid 
and  as  is  otherwise  provided  in  this  act,  no  city  officer  shall 
be  elected  at  any  city  election.  The  above  mentioned 
officers  shall  be  elected  by  and  from  the  qualified  voters  of 
the  city,  and  may  be  residents  of  any  part  thereof. 

Section  6.  On  the  third  Tuesday  preceding  every 
annual  or  special  city  election  at  which  any  officer  mentioned 
in  section  two  is  to  be  elected,  there  shall  be  held  a  prelimi- 
nary election  for  the  purpose  of  nominating  candidates  for 
such  offices  as  under  the  provisions  of  this  act  or  of  any  act 
in  amendment  thereof  are  to  be  filled  at  such  annual  or 
special  city  election.  The  notice  calling  for  the  said  pre- 
liminarv  election  shall  be  issued  at  least  fortv  davs  before 
the  date  of  the  city  election,  except  that  in  the  year  nineteen 
hundred  and  eleven  the  notice  may  be  issued  thirty  days 
before  the  date  of  the  city  election.  No  special  election 
for  mayor  or  alderman  shall  be  held  until  after  the  expiration 
of  forty  days  from  the  calling  of  the  preliminary  election, 
which  under  the  provisions  of  this  act  is  to  be  held  on  the 
third  Tuesday  preceding  such  sy^ecial  election. 

Section  7.  At  every  preliminary  election  the  polls  shall 
be  opened  at  twelve  o'clock  noon,  and  shall  not  be  closed 
before  eight  o'clock  in  the  evening,  and,  except  as  is  other- 
wise provided  in  this  act,  every  such  preliminary  election 
shall  be  called  by  the  same  officers  and  held  in  the  same 
manner  as  an  annual  city  election.  The  polling  places  shall 
be  designated,  provided,  and  furnished,  and  official  ballots, 
special  ballots,  l>allot  boxes,  voting  lists,  specimen  ballots, 
blank  forms,  apparatus  and  supplies  shall  be  proAided  for 
every  such  preliminary  election,  of  the  same  number  and 
kind  and  in  the  same  manner  as  at  an  annual  city  election, 
and  the  same  election  officers  shall  officiate  as  at  an  annual 
city  election. 

Section  S.  Except  as  is  provided  in  section  fifty-nine, 
there  shall  not  be  i)rinted  on  the  ofiicial  ballots  to  be  used 


Acts,  1911.  — Ciiai>.  G15.  749 

at  any  annual  or  special  city  election  of  said  city  the  name 
of  any  person  as  a  candidate  for  mayor,  alderman  or  member 
of  the  school  committee,  unless  such  person  shall  have  been 
nominated  for  such  office  at  a  preliminary  election  held  as  ■ 
provided  in  this  act.  There  shall  not  be  printed  on  the 
official  ballots  to  be  used  at  a  preliminary  election  the  name 
of  any  person  as  a  candidate  for  nomination  for  any  offices, 
except  political  committees  for  the  current  year,  unless  such 
person  shall  have  filed  within  the  time  set  forth  in  section 
nine  of  this  act  the  statement  of  the  candidate  and  also  the 
petition  described  in  section  nine.  Political  committees 
in  the  city  of  Lowell  shall  be  elected  in  the  current  year  at 
the  municipal  primaries,  and  thereafter  at  the  state  pri- 
maries. 

Section  9.     Any  person  eligible  for  any  elective  office  Names  of 
for  which  provision  is  made  herein  may  have  his  name  be  primed^*" 
printed  as  a  candidate  for  such  office  on  the  official  ballots  o^baiiot. 
to  be  used  at  a  preliminary  election:  provided,  that  he  shall,  Proviso. 
at  least  ten  days  before  such  preliminary  election,  file  with 
the  city  clerk  a  statement  In  writing  of  his  candidacy,  in 
substantially  the  following  form :  — 

p 

STATEMENT   OF  CANDIDATE. 

I,  ,  on  oath  declare  that  I  reside  at  statement  of 

No.  street,  In  the  city  of  Lowell;  that  I  am  a  voter 

in  said  city  qualified  to  vote  for  a  candidate  for  the  office 
hereinafter  named;  that  I  am  a  candidate  for  nomination 
for  the  office  of  to  be  voted  for  at  the  pre- 

liminary election  to  be  held  on  Tuesday,  the  day 

of  19     ;  and  I  request  that  my  name  be  printed 

as  a  candidate  for  such  office  on  the  official  ballots  to  be  used 
at  such  preliminary  election. 

(Signed) 

COMMONWEALTH   OF  MASSACHUSETTS. 

Middlesex,  ss.: 

Subscribed  and  sworn  to  this  day  of 

19    ,  before  me, 

Justice  of  the  peace, 
(or  notary  public.) 
and  provided,  that  he  shall  at  the  same  time  file  therewith  Proviso. 
a  petition  of  at  least  twenty-five  voters  of  the  city  qualified 
to  vote  for  a  candidate  for  said  office,  which  petition  shall 
be  in  substantially  the  following  form: 


750 


Acts.  1911.  —  Chap.  (31:5. 


Form  of 
petition. 


Acceptance 

not 
necessary. 


Women  may 
))(•  ciindidates 
for  .school 
committee. 


List  of  can- 
didates to  be 
published. 


PETITION  ACCOMPANYING   STATEMENT   OF  CANDIDATE. 

Whereas  is  a  candidate  for  nomination 

for  the   office   of  ,   we,   the   undersigned 

voters  of  the  city  of  Lowell,  duly  qualified  to  vote  for  a 
candidate  for  said  office,  do  hereby  reciuest  that  the  name 
of  said  be  printed  on  the  official  ballots 

to  be  used  at  the  preliminary  election  to  be  held  on  the 
Tuesday  of  19     . 

We  further  state  that  we  believe  him  to  be  of  good  moral 
character,  and  qualified  to  perform  the  duties  of  the  office. 


Names  of  voters. 


Street  No.         Street,        if  any. 


No  acceptance  by  a  candidate  for  nomination  named 
in  such  petition  shall  be  necessary  for  its  validity  or  for 
its  filing,  and  the  petition  need  not  be  sworn  to.  Every 
voter  qualified  as  aforesaid  may  sign  as  many  petitions 
for  nomination  for  each  office  as  there  are  persons  to  be 
elected  thereto,  and  no  more. 

Section  10.  Women  who  are  qualified  to  vote  for 
members  of  the  school  committee  may  be  candidates  for 
nomination  for  that  office  at  any  preliminary  election  at 
which  candidates  for  nomination  for  that  office  are  to  be 
voted  for;  and  at  such  preliminary  election  they  may  vote 
for  candidates  for  nomination  for  that  office.  They  shall 
file  the  hereinbefore  described  statement  and  })etition  in 
all  cases  Avhere  the  same  are  herein  required  to  be  filed 
by  male  candidates  for  that  office. 

Section  11.  On  the  first  day,  not  being  Sunday  or  a 
legal  holiday,  following  the  expiration  of  the  time  for  filing 
the  above  described  statements  and  petitions,  the  city 
clerk  shall  cause  to  be  published  in  one  or  more  daily 
newspapers  of  said  city,  the  names  and  residences  of  the 
candidates  for  nomination  who  have  duly  filed  the  above 
mentioned  statements  and  petitions,  and  the  offices  and 
terms  for  which  they  are  candidates,  as  they  are  to  appear 
on  the  official  ballots  at  the  preliminary  election.  There- 
upon the  city  clerk  shall  prepare  and  cause  to  be  printed 
the  ballots  to  be  used  at  such  preliminary  election;  and  the 
ballots  so  prepared  shall  be  the  official  ballots  and  the  only 
ballots  that  may  be  used  at  such  preliminary  election.  They 
shall  be  headed  as  follows: 


Acts,  1911.  —  Chap.  045.  751 


OFFICIAL   PRELIMINARY   BALLOT. 


Candidates  for  nomination  for  mayor,  aldermen  and  school  official 

e  T  11  A  1-      •  1         •  preliminary 

committee  or  the  city  or  Lowell.     At  a  preliminary  election  baiiot. 
for  nominations  held  on  the  day  of  in 

the  year  nineteen  hundred  and  (The  heading 

shall  be  varied  in  accordance  with  the  offices  for  which  nom- 
inations are  to  be  made.) 

Section  12.     The  name  of  every  person  who  has  filed  ^Xlnp^- 
a  statement  and  petition  as  aforesaid,   and  his  residence  sons  to  be 
and  the  title  and  term  of  the  office  for  which  he  is  a  candi-  baiiot,  etc. 
date,  shall  be  printed  on  said  ballots,  and  the  names  of  no 
other  candidates  shall  be  printed  thereon.     Ballots  for  use 
at  the  said  election,  and  for  use  by  women  qualified  to  vote 
for  members   of    the   school   committee,  shall  be  prepared 
and  furnished  in  the  manner  now  provided  by  law.     There 
shall  be  printed  on  all  said  ballots  such  directions  as  will 
aid  the  voters;    for  example,   "vote  for  one",   "vote  for 
two",  and  the  like. 

PARTY   DESIGNATIONS   ABOLISHED. 

Section  13.  No  ballots  used  at  any  annual  or  special  nations ^^'^' 
city  election,  or  at  any  preliminary  election  shall  have  abolished. 
printed  thereon  any  party  or  political  designation  or  mark; 
and  there  shall  not  be  appended  to  the  name  of  any  candi- 
date any  party  or  political  designation  or  mark,  or  any- 
thing showing  how  he  was  nominated,  or  indicating  his 
views  or  opinions.  On  all  ballots  to  be  used  at  annual 
or  special  city  elections,  or  at  preliminary  elections,  blank 
spaces  shall  be  left  at  the  end  of  each  list  of  candidates 
for  the  different  offices,  equal  to  the  number  to  be  elected 
thereto,  in  which  the  voter  may  insert  the  name  of  any 
person  not  printed  on  the  ballot  for  whom  he  desires  to 
vote  for  such  office,  provided  that  such  person  is  eligible 
for  such  office. 

Section  14.     The  qualifications  for  voting  at  a  prelim-  Quaiifica- 
inary  election  and  at  a  city  election  shall  be  the  same.  voting!"^^ 

Section  15.    The  election  officers  shall  immediately  upon  counting  of 
the  closing  of  the  polls  at  preliminary  elections  count  the  ^''"'^*^'  ^^<'- 
ballots  and  ascertain  the  number  of  votes  cast  in  the  poll- 
ing places  where  they  respectively  officiate  for  each  person 
for  nomination  for  the  office  for  which  he  was  a  candidate; 
and  they  shall  forthwith  make  returns  thereof  to  the  city 


752 


Acts,  1911.  — Chap.  {}4.5. 


Canvass  of 
returns. 


clerk  upon  blank  forms  to  be  furnished  to  them  as  in  city 
elections. 

Section  1G.  On  the  first  clay,  not  being  Sunday  or  a 
legal  holiday,  following  such  preliminary  election,  the  city 
clerk  shall  canvass  said  returns  so  received  from  the  elec- 
tion officers,  shall  forthwith  determine  the  results  of  said 
canvass,  and  shall  forthwith  cause  the  same  to  be  published 
in  one  or  more  daily  newspapers  of  the  city. 


Nomina- 
tions, etc. 


Acceptance 

not 

necessary. 


NOMINATIONS. 

Section  17.     The    two   persons  receiving   at   a  prelimi- 
nary election   the   highest   and   second  highest  number  of 
votes,  respectively,  for  any  office  shall  be  the  candidates 
whose  names  shall  be  printed  on  the  official  ballots  to  be 
used  at  the  annual  or  special  city  election  for  which  such 
preliminary  election  was  held;    except  that  in  case  two  or 
more  persons  receive  the  same  number  of  votes,  and  more 
votes  than  any  other  person  for  the  same  office,  then  said 
persons  shall  be  the  candidates,  as  aforesaid,  whose  names 
shall  be  printed  on  said  official  ballots.     If  two  or  more 
persons  are  to  be  elected  to  the  same  office  at  such  annual 
or  special  city  election,  the  several  persons,  to  a  number 
equal  to  twice  the  number  so  to  be  elected  to  such  office, 
receiving  at  said  preliminary  election  the  highest  number 
of  votes,  the  second  highest  number  of  votes,  and  so  on 
to  the  number  to  be  nominated,  shall  be  the  candidates 
whose  names  shall  be  printed  on  the  official  ballots  to  be 
used  at  such  annual  or  special  city  election.     If,  in  order 
to  obtain  the  requisite  number  of  candidates  for  any  office, 
it  becomes  necessary  to  take  one  of  two  or  more  persons 
having  the  same  number  of  votes  for  the  same  office,  then 
the  names  of  all  the   aforesaid   persons  having  the   same 
number  of  votes  for  that  office  shall  be  printed  on  the  official 
ballot  to  be  used  at  such  annual  or  special  city  election, 
together  with  the  names  of  all  persons,  if  any,  recciAing 
a  higher  number  of  votes  for  such  office,  even  though  it 
makes  the  number  of  candidates  more  than  twice  the  num- 
ber to  be  chosen  to  such  office.     No  names  of  candidates 
shall  be  printed  on  said  official  ballots  except  as  provitled 
ill  this  section  and  in  section  fifty-nine. 

Section  IS.  No  accei)tanee  of  a  nomination  made  at  a 
l)reliniinary  election  shall  be  necessary  for  the  validity  of 
such  nomination. 


Acts,  1911.  — Chai\  015.  753 


ELECTIONS. 

Section  19.  At  a  city  election  other  than  the  above  Elections. 
described  preliminary  election,  the  person  receiving  the 
highest  number  of  votes  for  an  office  shall  be  deemed  and 
declared  elected  to  such  office;  and  if  two  or  more  persons 
are  to  be  elected  to  the  same  office  the  several  persons 
receiving,  respectively,  the  highest  number  of  votes,  the 
second  highest,  and  so  on  to  the  number  to  be  chosen  to 
such  office,  shall  be  deemed  and  declared  to  be  elected; 
but  persons  receiving  the  same  number  of  votes  shall  not 
be  deemed  to  be  elected  if  thereby  a  greater  number  would 
be  elected  than  are  by  law  to  be  chosen. 

Section  20.  The  laws  of  the  commonwealth  relating  to  Certain  pro- 
annual  city  elections,  special  elections  of  city  officers,  special  Taw'to^ppiy. 
elections  in  cities,  election  officers,  voting  places  for  elec- 
tions, election  apparatus  and  blanks,  calling  and  conduct 
of  elections,  manner  of  voting  at  elections,  counting  and 
recounting  of  votes  at  elections,  corrupt  practices  and  pen- 
alties shall  apply  to  all  elections  under  this  act,  including 
preliminary  elections,  except  as  is  otherwise  provided  herein. 

abolishment  of  present  government. 

Section  21.  At  ten  o'clock  in  the  forenoon  of  the  first  Present  city 
Monday  of  January,  in  the  year  nineteen  hundred  and  aboiisiied. 
twelve,  the  city  council,  board  of  mayor  and  aldermen, 
board  of  aldermen  and  common  council,  board  of  chari- 
ties, board  of  trustees  of  public  cemeteries,  and  water  board 
shall  be  abolished;  the  terms  of  office  which  the  present 
mayor,  aldermen,  common  councilmen,  school  committee, 
members  of  the  board  of  charities,  board  of  trustees  of 
public  cemeteries,  and  water  board  are  now  serving  shall 
terminate;  and,  except  as  is  otherwise  provided  in  this  act, 
all  the  present  powers  and  duties,  under  any  act,  general 
or  special,  of  the  mayor,  board  of  mayor  and  aldermen, 
board  of  aldermen,  city  council,  common  council,  board 
of  charities,  board  of  trustees  of  public  cemeteries,  and 
water  board,  and  all  the  powers  and  duties  with  respect 
to  the  police  force  in  said  city  now  vested  in  the  board  of 
police  of  the  city  of  Lowell,  are  hereby  transferred  to,  shall 
vest  in,  devolve  upon,  and  be  exercised  and  performed  by 
the  municipal  council.  The  municipal  council  shall  be  the 
judge  of  the  election  of  its  own  members. 


754 


Acts,  1911.  —  Chap.  615. 


Meeting  of 
municipal 
council,  etc. 


Proviso. 


Designation  of 
commissioners. 


MoctinRs 
of  niiinicipal 
council. 


Quorum,  etc. 


Section  22,  The  municipal  council  elected  as  aforesaid 
shall  meet  at  ten  o'clock  in  the  forenoon  of  the  first  Mon- 
day in  January  in  each  year;  and  the  members  of  said 
municipal  council,  whose  terms  of  office  then  begin  shall 
severally  make  oath  before  the  city  clerk,  or  any  officer 
authorized  to  administer  oaths,  to  perform  faithfully  the 
duties  of  their  respective  offices.  The  municipal  council 
shall  thereupon  be  organized  by  the  choice  of  a  president, 
who  shall  be  called  the  president  of  the  municipal  council, 
and  shall  hold  his  office  during  its  pleasure.  The  presi- 
dent of  the  municipal  coimcil  shall  be  some  member  thereof 
other  than  the  mayor.  The  organization  of  the  municipal 
council  shall  take  place  as  aforesaid,  notwithstanding  the 
absence,  death,  refusal  to  serve,  or  non-election  of  the 
mayor,  or  one  or  more  of  the  four  other  members:  provided, 
that  at  least  three  of  the  persons  entitled  to  be  members 
of  the  municipal  council  are  present  and  make  oath  as 
aforesaid.  Any  person  entitled  to  make  the  aforesaid  oath, 
who  was  not  present  at  the  time  fixed  therefor,  ma}'  make 
oath  at  any  time  thereafter. 

The  mayor  shall  be  the  commissioner  of  public  safety, 
and  the  municipal  council  shall  at  such  meeting,  or  as  soon 
thereafter  as  may  be,  designate  by  majority  vote  one  alder- 
man to  be  commissioner  of  finance ;  one  to  be  commissioner  of 
streets  and  highways;  one  to  be  commissioner  of  water  works 
and  fire  protection;  and  one  to  be  commissioner  of  public 
property  and  licenses;  but  such  designations  shall  be  changed 
whenever  it  appears  that  the  public  serx'ice  would  be  bene- 
fited thereby. 

MEETINGS   OF  MUNICIPAL   COUNCIL. 

Section  23.  The  municipal  council  shall  fix  suitable 
times  for  its  regular  meetings,  which  shall  be  held  at  city 
hall.  The  mayor,  the  president  of  the  municipal  council, 
or  any  two  members  thereof,  may,  at  any  time,  call  a  special 
meeting,  by  causing  a  written  notice,  stating  the  time  of 
holding  such  meeting,  and  signed  by  the  person  or  persons 
calling  the  same,  to  be  delivered  in  hand  to  each  member, 
or  left  at  his  usual  dwelling  ])lace,  at  least  six  hours  before 
the  time  of  such  meeting.  All  ])ublic  hearings  shall  be  held 
so  far  as  practicable  in  the  evening,  but  may  be  held  at  any 
time. 

Section  24.  A  majority  of  the  members  of  the  munic- 
ipal council  shall  constitute  a  quorum;    its  meetings  shall 


Acts,  1911.  — Chap.  045.  755 

be  public,  and  the  mayor,  if  present,  shall  preside  and  shall 
have  the  right  to  vote.  In  the  absence  of  the  mayor,  the 
president  of  the  municipal  council  shall  preside,  and  in 
the  absence  of  both,  a  chairman  pro  tempore  shall  be 
chosen.  The  city  clerk  shall  be,  ex  officio,  clerk  of  the 
municipal  council,  and  shall  keep  records  of  its  proceed- 
ings; but  in  case  of  his  temporary  absence,  or  in  case  of  a 
vacancy  in  the  office,  the  municipal  council  may  elect  by 
ballot  a  temporary  clerk,  who  shall  be  sworn  to  the  faithful 
discharge  of  his  duties  and  may  act  as  clerk  of  the  municipal 
council  until  a  city  clerk  is  chosen  and  qualified.  All  final 
votes  of  the  municipal  council  involving  the  expenditure 
of  fifty  dollars  or  over  shall  be  by  yeas  and  nays,  and  shall 
be  entered  on  the  records.  It  shall  vote  by  yeas  and  nays 
when  that  is  practicable,  and  on  the  request  of  one  member 
any  vote  shall  be  by  yeas  and  nays  and  shall  be  entered 
upon  the  records.  The  affirmative  vote  of  at  least  three 
members  shall  be  necessary  for  the  passage  of  any  order, 
ordinance,  resolution  or  vote. 

POWERS   OF  THE  MUNICIPAL  COUNCIL. 

Section  25.     The  municipal  council  shall  have  the  power  Powers 
to  do,  except  as  is  otherwise  provided  in  this  act,  without  council'^'^^ 
the  approval  of  the  mayor,  all  things  which  the  city  council, 
board   of   aldermen,    common   council,   board   of   charities, 
board  of  trustees  of  public  cemeteries,  and  water  board, 
can  now  do  with  such  approval.     The  municipal  council 
shall  determine  the  policies  to  be  pursued  and  the  work 
to  be  undertaken  in  each  department,  but  each  commis- 
sioner shall   have  full  power  to  carry  out    the  policy  or 
to  have  the  work  performed  in  his  department,  as  directed 
by  the  municipal  council.     Any  notes,  bonds  or  scrip  which  signing  of 
the  city  is  authorized  to  issue  shall  be  signed  by  its  treasurer  Itc^^'  ^°''^^' 
and  countersigned  by  a  majority  of  the  municipal  council. 

Section  26.    The  municipal  council  shall  have  full  super-  supervision 
vision  of  the  erection,  alteration  and  repair  of  all  public  eL^l^of "'°' 
buildings,   including   school   buildings,   except   repairs   and  ''"^^d'^ss. 
alterations  of  school  buildings  for  which  provision  is  made 
in  the  annual  appropriation.     No  department  of  the  city, 
and  no  corporation  or  person,  shall  at  any  time  open,  dig 
up   or  otherwise   obstruct  any  way   or   sidewalk,   without 
the  consent  of  the  municipal  council  or  officer  designated  by 
them,  except  in  case  of  an  emergency. 


'5(i 


Acts,  1911.  —  Chap.  015. 


Publicity  for 
contracts. 


Time  of  taking 
effect  of  cer- 
tain measures, 
etc. 


Proviso. 


Approval  of 
court,  etc., 
not  required. 


Deeds,  leases, 
etc. 


Mayor  not 
to  have  power 
of  veto. 


Eatimalus. 


PUBLICITY   FOR  CONTRACTS. 

Section  27.  Neither  the  municipal  council  nor  the 
school  committee  shall  make  or  pass  any  order,  resolution, 
or  vote  appropriating  money  in  excess  of  five  hundred 
dollars,  or  making  or  authorizing  the  making  of  any  con- 
tract involving  a  liability  on  the  part  of  the  city  in  excess 
of  five  hundred  dollars,  unless  the  same  is  proposed  in 
writing  and  notice  is  given  by  the  city  clerk  in  at  least 
one  daily  newspaper  of  the  city,  not  less  than  one  week 
before  its  passage,  except  an  order,  resolution  or  vote  for 
the  immediate  preservation  of  the  public  peace,  health  or 
safety,  which  contains  a  statement  of  its  urgency  and  is 
passed  by  a  four  fifths  vote;  such  notice  shall  be  given  as 
aforesaid  upon  the  request  of  the  municipal  council  or  of 
the  school  committee. 

Section  28.  When  the  municipal  council  shall  pass  any 
measure  or  an  amendment  or  repeal  of  any  measure,  such 
measure,  amendment  or  repeal  so  passed  shall,  except  as  is 
otherwise  provided  in  this  act,  take  effect  at  the  exj^iration 
of  ten  days  from  its  passage:  yrovided,  however,  that  if 
there  be  a  time  therein  specified  when  it  shall  take  effect, 
and  such  time  be  more  than  ten  flays  after  its  passage,  such 
measure,  amendment  or  repeal  shall,  except  as  is  otherwise 
provided  in  this  act,  take  effect  at  the  time  so  specified 
therein. 

Section  29.  No  measure  passed  by  the  municij^al  coun- 
cil or  by  the  voters,  as  provided  in  this  act,  shall  require 
the  approval  of  any  court  or  of  the  attorney-general,  or 
shall  be  required  to  be  published  in  order  to  become  effec- 
tive, unless  otherwise  provided  in  this  act. 

Section  30.  Upon  a  vote  of  the  municipal  council,  the 
mayor  shall  sign,  seal,  execute  and  deliver  in  behalf  i)f  the 
city  deeds  and  leases  of  land  sold  or  leased  by  the  city,  and 
other  deeds,  agreements,  contracts,  leases,  indentures,  as- 
surances, and  instruments  on  behalf  of  the  city,  except  as 
is  otherwise  provided  herein. 

Section  31.  The  mayor  shall  have  no  power  of  \eto, 
and  no  measure  which  the  municipal  council  shall  make  or 
pass  shall  be  presented  to  him  for,  or  shall  recjuire,  his 
approval  in  order  to  be  efl'ective. 

Sixtion  32.  Each  of  the  five  commissioners  provided 
for  in  section  twentv-two  of  this  act  shall  annualh'  submit 


Acts,  1911.  — Chap.  645.  757 


to  the  municipal  council  in  the  month  of  January  detailed  Estimates. 
estimates  of  the  amounts  necessary  for  his  respective 
department  for  the  financial  year,  which  shall  begin  on  the 
first  day  of  January.  No  sum  appropriated  for  a  specific 
purpose  shall  be  expended  for  any  other  purpose,  and  no 
expenditure  shall  be  made  or  liability  incurred  by  or  in 
behalf  of  the  city  until  the  municipal  council  has  duly  voted 
an  appropriation  sufficient  to  meet  such  expenditure  or 
liability,  together  with  all  prior  unpaid  liabilities  which  are 
payable  therefrom,  except  that  after  the  expiration  of  the 
financial  year  and  before  the  fifteenth  day  of  ]\Iarch,  upon 
vote  of  the  municipal  council,  liabilities  payable  out  of  the 
regular  appropriation  may  be  incurred  to  an  amount  not 
exceeding  one  sixth  of  the  total  appropriation  made  for 
similar  purposes  in  the  preceding  year.  At  any  time  the 
unexpended  balance  of  any  sum  appropriated  for  a  specific 
purpose,  and  not  further  required  for  such  purpose,  may  be 
transferred  to  another  account  by  vote  of  the  municipal 
council,  but  no  money  raised  by  loan  shall  be  transferred 
to  any  appropriation  from  income  or  taxes.  Nothing 
herein  contained  shall  be  taken  to  prohibit  the  payment 
at  any  time  of  executions  against  the  city.  The  school 
committee  shall  in  the  month  of  January  of  each  year  submit 
to  the  municipal  council  an  estimate  in  detail  of  the  amount 
deemed  by  it  necessary  to  expend  for  its  purposes  during 
the  financial  year,  which  shall  begin  on  the  first  day  of 
January. 

Section  33.  No  officer  of  said  city,  except  in  the  case  Expenditures 
of  extreme  emergency  involving  the  health  or  safety  of  the  appropriations. 
people  or  their  property,  shall  expend  knowingly  in  any 
fiscal  year,  any  sum  in  excess  of  the  appropriation  therefor 
duly  made  in  accordance  with  law,  and  any  officer  who  shall 
violate  this  provision  shall  be  punished  by  a  fine  not  exceed- 
ing one  thousand  dollars,  or  by  imprisonment  for  not  more 
than  one  year,  or  by  both  such  fine  and  imprisonment. 

Section  34.  All  loans  issued  by  the  city  after  the  passage  Loans, 
of  this  act,  except  temporary  loans  in  anticipation  of  taxes, 
shall  be  made  payable  in  annual  instalments  in  the  manner 
authorized  by  section  thirteen  of  chapter  twenty-seven  of  the 
Revised  Laws,  as  amended  by  section  one  of  chapter  three 
hundred  and  forty-one  of  the  acts  of  the  year  nineteen  hun- 
dred and  eight. 


758 


Acts,  1911.  —  Chap.  G15. 


Monthly 
statements 
to  bo  pub- 
lished, etc. 


MONTHLY  STATEMENTS  TO   BE  PUBLISHED. 

Section  35.  The  commissioner  of  finance  shall  each 
month  have  printed  in  pamphlet  form  a  fletailed  itemized 
statement  of  all  cash  receipts  and  expenditures  of  the  city 
during  the  preceding  month,  and  of  all  bills  and  accounts 
owed  by  the  city  at  the  end  of  the  preceding  month,  in  such 
a  manner  as  to  show  the  gross  monthly  revenue  and  expense 
of  each  department,  and  shall  furnish  copies  thereof  to  the 
public  library,  to  the  daily  newspapers  published  in  said 
city,  and  to  persons  who  shall  apply  therefor  at  the  office 
of  the  city  clerk.  At  the  end  of  the  municipal  year  he  shall 
cause  a  complete  examination  of  all  books  and  accounts  of 
the  city  to  be  made  by  competent  accountants,  and  shall 
publish  the  result  of  such  examination  in  the  manner  above 
provided  for  the  publication  of  monthly  statements.  The 
provisions  of  this  section  shall  apply  to  the  school  depart- 
ment of  the  city,  and  the  school  committee  shall  furnish  the 
commissioner  of  finance  with  such  information,  facts,  figures 
and  data  as  may  be  necessary  to  carry  out  the  provisions  of 
this  section  so  far  as  it  applies  to  the  school  department. 


Members  of 
the  municipal 
council,  etc., 
not  to  par- 
ticipate in 
contracts,  etc. 


CRIMINAL  offense  TO   PARTICIPATEi   IN  CONTRACTS. 

Section  36.  It  shall  be  unlawful  for  a  member  of  the 
municipal  council  or  school  committee,  or  for  any  officer  or 
employee  of  the  city,  directly  or  indirectly  to  make  a  contract 
with  the  city,  or  to  receive  any  commission,  discount,  bonus, 
gift,  contribution  or  reward  from,  or  any  share  in  the  profits 
of  any  person  or  corporation  making  or  performing  such  a 
contract,  unless  such  member,  officer,  or  employee  imme- 
diately upon  learning  of  the  existence  of  such  contract,  or 
that  such  contract  is  proposed,  shall  notify  in  writing  the 
municipal  council  or  school  committee  of  such  contract  and 
shall  abstain  from  doing  any  official  act  on  belialf  of  the 
city  in  reference  thereto.  In  case  such  interest  exists  on 
the  part  of  an  officer  whose  duty  it  is  to  make  such  a  contract 
on  behalf  of  the  cJtv,  the  contract  mav  be  made  bv  another 
officer  of  the  citv,  dulv  authorized  thereto  bv  the  mavor, 
or  if  the  mayor  has  such  interest,  by  the  commissioner  of 
finance.  A  violation  of  any  provision  of  this  section  'shall 
render  the  contract  in  res])ect  to  which  such  violation  (K'curs 
voidable  at  the  option  of  tlie  city.  Any  perscMi  violating  the 
provisions  of  this  section  shall  be  punished  by  a  fine  of  not 


Acts,  1911.  — Chap.  6i5.  759 

more  than  one  thousand  dollars,  or  by  imprisonment  for 
not  more  than  owe  year,  or  by  both  such  fine  and  imprison- 
ment. 

ADMINISTRATIVE   OFFICERS. 

Section  37.  There  shall  be  the  following  administrative  Adminiatm- 
officers,  who  shall  perform  the  duties  prescribed  by  law  for  *'^''°  ''^^^' 
them,  respectively,  and  such  further  duties,  not  inconsistent 
with  the  nature  of  their  respective  offices  and  with  the 
general  law,  as  the  municipal  council  may  prescribe,  except 
as  is  otherwise  provided  herein:  a  city  clerk,  a  city  treasurer 
and  collector  of  taxes,  a  city  auditor,  a  purchasing  agent,  a 
superintendent  of  streets,  a  superintendent  of  water  works, 
a  city  engineer,  a  city  physician,  a  city  messenger,  a  board  of 
health  consisting  of  three  members,  a  board  of  park  com- 
missioners consisting  of  five  members,  a  city  solicitor,  a 
chief  of  the  fire  department,  a  superintendent  of  police,  a 
'sealer  of  weights  and  measures,  a  board  of  sinking  fund  com- 
missioners consisting  of  three  members,  and  a  board  of 
assessors  consisting  of  three  members.  The  board  of  as- 
sessors shall  have  full  power  to  appoint  for  assistance  in  the 
performance  of  their  duties,  and  to  remove  at  pleasure,  such 
assistant  assessors,  temporary  assistant  assessors,  and  per- 
manent and  temporary  clerks  as  are  now  authorized  or  may 
hereafter  from  time  to  time  be  authorized  by  the  municipal 
council. 

departments. 

Section  38.  The  administration  of  all  affairs  of  the  city  Departments. 
shall  be  divided  into  five  departments,  to  wit:  —  depart- 
ment of  public  safety,  department  of  finance,  department  of 
streets  and  highways,  department  of  water  works  and  fire 
protection  and  department  of  public  property  and  licenses; 
and  said  departments  are  defined  as  follows:  — 

The  department  of  public  safety  shall  include  the  follow- 
ing sub-departments  and  all  boards  and  offices  connected 
therewith,  to  wit :  —  police,  health,  poor,  legal  and  claims. 

The  department  of  finance  shall  include  the  following 
sub-departments  and  all  boards  and  offices  connected  there- 
with, to  wit :  —  treasury,  auditing,  purchasing,  assessing, 
sinkmg  funds,  tax  collection,  registration  of  voters  and  city 
clerk. 

The  department  of  streets  and  highways  shall  include 
the  following  sub-departments  and  all  boards  and  offices 
connected  therewith,  to  wit:  —  highways  and  other  ways. 


760 


Acts,  1911.  —  Chap.  64:5. 


Election  of 
administra- 
tive oflicers, 
etc. 


Powers  of 
tlic  imiiiicipal 
council,  etc. 


Proviso. 


street  lighting,  street  watering,  sewers  and  drains  and  en- 
gineering. The  commissioner  of  streets  and  highways,  except 
as  is  herein  otherwise  provided,  shall  have  exclusively  the 
powers  of,  and  be  subject  to  the  liabilities  and  penalties  im- 
posed by  law,  on  surveyors  of  highways. 

The  department  of  water  works  and  fire  protection  shall 
include  all  boards  and  offices  connected  with  the  water  supply 
of  the  city  and  fire  protection. 

The  department  of  public  property  and  licenses  shall 
include  the  following  sub-departments  and  all  boards  and 
offices  connected  therewith,  to  wit:  —  buildings,  parks, 
public  grounds,  cemeteries,  electrical,  weights  and  measures 
and  license  commission. 

Every  official  or  board  having  to  do  with  the  affairs  of 
the  city,  with  the  exception  of  such  as  pertain  to  the  school 
committee  or  the  city  library,  shall  be  included  in  one  of 
the  above  five  departments,  and  if  the  assignment  to  a 
department  is  not  made  hereunder,  the  municipal  council 
shall  by  ordinance  assign  such  office,  offices,  board  or  boards 
to  the  department  best  adapted  to  include  the  same. 

Section  39.  The  municipal  council  shall  have  the  power 
to  elect  the  administrative  officers  named  in  section  thirty- 
seven,  and  all  other  executive  and  administrative  officers 
and  boards  and  heads  of  sub-departments  heretofore  known 
or  designated  as  heads  of  departments,  now  appointed  or 
chosen  by  the  mayor,  whether  with  or  without  confirmation, 
or  by  the  city  council,  or  by  the  mayor  and  aldermen,  or 
by  the  board  of  aldermen,  or  by  the  board  of  aldermen  and 
common  council  wdiether  by  concurrence  or  in  joint  con- 
vention, and  all  additional  executive  or  administrative 
officers  and  heads  of  sub-departments  for  which  provision 
may  hereafter  be  made  by  the  municipal  council  in  accord- 
ance with  this  act  and  the  general  laws  of  the  common- 
wealth. 

Section  40.  The  municipal  council  shall  have  the  power 
under  the  laws  regulating  the  civil  service  to  suspend  or 
remove  any  executive  or  administrative  officer  or  head  of  a 
sub-department  it  has  the  power  to  appoint,  for  such  cause 
as  it  shall  deem  sufficient.  The  municipal  council  shall  set 
forth  in  the  order  of  suspension  or  removal  its  reasons  there- 
for: promded,  that  nothing  contained  in  this  section  shall 
apply  to  any  of  the  following  s])ecial  departments,  namely, 
school  committee,  license  commission,  or  the  trustees  of  the 
public  library. 


Acts,  1911.  — Chap.  6i5,  761 

Section  41.    The  commissioner  of  public  safety,   com-  Administra- 
missioner  of  finance,  commissioner  of  streets  and  highways,  d7partmen"a! 
commissioner  of  water  works  and  fire  protection,  and  com-  "'*'" 
missioner  of  public  property  and  licenses  shall  be  the  ad- 
ministrative   heads   of    their   respective  departments,  and, 
except  as  is  otherwise  provided  herein,  shall  have  the  power, 
subject  to  the  laws  of  the  commonwealth,  to  appoint,  em- 
ploy, suspend,  remove,  or  discharge  all  subordinate  officers 
and  employees  in  their  respective  departments,  and  shall 
make  and  execute  all  contracts  necessary  to  the  general 
charge  and  management  of  all  matters  pertaining  to  their 
respective   departments,    except   for   the   purchase   of   ma- 
terial and  supplies,  but  every  contract  made  as  aforesaid  in 
which  the  amount  involved  exceeds  fifty  dollars  shall  be 
approved  by  the  municipal  council  before  going  into  eft'ect. 

Section  42.  All  officers,  whether  heretofore  elected  or  Tenure  of 
appointed  hereunder,  shall,  except  as  is  otherwise  provided  °  '^^'  ^ "' 
herein,  continue  in  office  until  their  successors  are  appointed 
and  qualified.  Except  as  is  otherwise  provided  herein  the 
term  of  office  of  any  officer,  officers,  board  or  boards  for 
which  provision  is  herein  made  shall  not  be  fixed,  but  shall 
continue  indefinitely,  subject  to  the  provisions  of  this  act 
regarding  appointments,  suspensions  and  removals.  Noth- 
ing in  this  act  shall  be  so  construed  as  to  affect  in  any 
way  the  powders  or  duties  of  the  board  of  park  commission- 
ers. The  members  of  the  board  of  park  commissioners 
shall  be  elected  for  the  term  of  five  years  as  the  term  of 
office  of  the  present  incumbents  shall  respectively  expire. 
The  members  of  the  license  commission  shall  be  elected 
for  the  term  of  six  years  as  the  term  of  office  of  the  present 
incumbents  shall  respectively  expire. 

RECORD   OF   EMPLOYEES. 

Section  43.    The  commissioner  in   charge  of  each  de-  Record  of 
partment  shall  cause  to  be  kept  in  his  department  a  record,  ^"'p'"^^^- 
subject  to  public  inspection,  of  all  persons  appointed  and 
employed  therein  and  of  all  persons  suspended  or  removed, 
and,  in  case  of  suspension  or  removal,  of  the  grounds  there- 
for. 

provision  for  changes. 

Section  44.     The  municipal  council  may  from  time  to  Additional 
time,  subject  to  the  provisions  of  this  act  and  in  accordance  boarfsretc. 
with  general  laws,  establish  additional  offices  and  boards. 


762 


Acts,  1911.  —  Chap.  645. 


Additional 
offices  and 
boards,  etc. 


Administra- 
tive officers  to 
be  sworn,  etc. 


assign  them  to  the  proper  departments,  and  determine  the 
number  and  duties  of  the  incumbents  thereof;  and  for  such 
purposes  it  may  delegate  to  such  offices  and  boards  any 
part  of  the  administrative  powers  given  by  this  charter  to 
the  commissioners  hereinbefore  mentioned.  The  municipal 
council  may  also  from  time  to  time  consolidate  appointixe 
offices  and  boards,  separate  and  distribute  the  powers  and 
duties  of  such  as  have  already  been  estal)lished,  increase  or 
diminish  the  number  of  persons  who  shall  perform  the  duties 
of  any  appointive  office  or  board,  or  abolish  any  appointive 
office  or  board,  subject  to  the  provisions  of  this  act  and  in 
accordance  with  general  laws.  The  municipal  council  may 
also  from  time  to  time  by  ordinance  passed  by  the  affirmative 
vote  of  not  less  than  four  members  change  the  division  of 
the  administration  of  the  affairs  of  the  city  as  made  in 
section  thirty-eight  of  this  act,  and  may  from  time  to  time 
define  anew  such  departments  by  transferring  one  or  more 
sub-departments  and  all  boards  and  offices  connected  there- 
with from  one  department  to  another,  except  that  the 
department  of  public  safety  shall  always  include  police, 
health,  and  poor;  and  the  department  of  streets  and  high- 
ways shall  always  include  highways  and  other  ways,  sewers 
and  drains,  and  engineering;  and  the  department  of  finance 
shall  always  include  the  treasury,  auditing,  sinking  funds 
and  tax  collection. 

Section  45.  All  administrative  officers  shall  be  sworn 
to  the  faithful  discharge  of  their  respective  duties,  and  cer- 
tificates of  their  oaths  shall  be  made  and  kept  in  the  office 
of  the  city  clerk.  All  administrative  boards  and  officers 
shall  keep  a  record  of  their  official  transactions,  and  such 
records  shall  be  open  to  public  inspection. 


Bonds. 


BONDS. 

Section  46.  The  municipal  council  shall  require  the  city 
treasurer  and  collector  of  taxes  and  the  purchasing  agent  to 
give  bonds,  with  such  surety  or  sureties  as  it  shall  deem 
proper  for  the  faithful  discharge  of  their  respective  duties, 
and  may  require  any  other  municipal  officer  entrusted  with 
the  receipt,  care,  or  disl)ursement  of  money  to  give  such  a 
bond.  No  city  money  shall  be  deposited  in  any  national 
bank  or  trust  company  of  which  the  treasurer  of  said  cit}'^ 
is  an  officer,  director,  or  agent,  and  no  part  of  the  sinking 
funds  of  said  city  shall  be  deposited  in  any  national  bank  or 


Acts,  1911.  — Chap.  645.  763 

trust  company  of  which  any  member  of  the  board  of  sinking 
fund  commissioners  is  an  officer,  director,  or  agent. 

Section  47.     Every    administrative    board,    through   its  officers  in 
chairman  or  a  member  designated  by  the  board,  and  every  departments 
officer  in  charge  of  a  department,  may  appear  before  the  fnformation?" 
municipal  council,  and  at  the  request  of  the  municipal  council  ^^'^' 
shall  appear  before  it,  and  give  information  in  relation  to 
anything  connected  with  the  discharge  of  the  duties  of  such 
board  or  office;  and  the  officer  who  appears  shall  have  the 
right  to  speak  upon  all  matters  under  consideration  relating 
to  his  department. 

SALARIES. 

Section  48.    The  salary  of  the  mayor  shall  be  three  salaries. 
thousand  dollars  per  annum,  and  the  salary  of  each  of  the 
remaining  four  members  of  the  municipal  council  shall  be 
twenty-five    hundred    dollars    per    annum.    These    salaries 
shall  be  payable  in  equal  monthly  payments. 

Section  49.     No  member  of  the  municipal  council  shall,  n^^f'^h^'id*'''*'^ 
during  the  term  for  which  he  was  chosen,  hold  any  other  other  office. 
office  the  salary  of  which  is  payable  by  the  city. 

Section  50.     The  municipal   council   shall   establish   by  Salaries  of 
ordinance  the  salary  or  compensation  of  every  appointive  offi'cers!"'* 
officer;    but  after  the  first  municipal  year  succeeding  the 
acceptance   of  this   act   no   ordinance   changing   any   such 
salary  or  compensation  shall  take  effect  until  the  municipal 
year  succeeding  that  in  which  the  ordinance  is  passed. 

schools. 

Section  51.  The  management  and  control  of  the  public  pubiic  schools, 
schools  of  the  city  shall  be  vested  in  the  school  committee, 
consisting  of  the  five  members  elected  in  accordance  with 
the  provisions  of  this  act.  Three  of  its  members  shall 
constitute  a  quorum,  and  its  meetings  shall  be  public.  All  • 
final  votes  of  the  school  committee  involving  the  expendi- 
ture of  fifty  dollars  or  over  shall  be  by  yeas  and  nays  and 
shall  be  entered  on  the  records.  The  committee  shall  vote 
by  yeas  and  nays  when  that  is  practicable,  and  on  request 
of  one  member  any  vote  shall  be  by  yeas  and  nays,  and  shall 
be  entered  upon  the  records.  The  affirmative  vote  of  at 
least  three  members  shall  be  necessary  for  the  passage  of 
any  order,  resolution  or  vote. 

Section  52.     The  school  committee  shall  meet  for  or-  organization 
ganization  on  the  Tuesday  next  after  the  first  Monday  in  oommtttee, 

etc. 


764 


Acts,  1911.  —  Chap.  645. 


Superintend- 
ent of  schools, 
etc. 


Temporary 
accommoda- 
tions for 
schools,  etc. 


School 

cotnniittee  to 
select  sites 
for  school 
buildings. 


January  in  each  year,  and  on  that  day,  or  as  soon  thereafter 
as  may  be,  shall  elect  from  their  members  a  chairman  who 
shall,  unless  sooner  removed,  hold  his  office  until  the  Tues- 
day next  after  the  first  Monday  of  the  following  January 
and  until  his  successor  is  elected  and  qualified.  In  the  ab- 
sence of  the  chairman  so  elected,  a  chairman  for  the  time 
being  shall  be  chosen.  The  school  committee  shall  be  the 
judge  of  the  election  and  qualifications  of  its  members,  and 
shall  determine  the  rules  for  its  proceedings,  unless  it  is 
otherwise  provided  herein.  The  members  of  the  school 
committee  shall  be  sworn  to  the  faithful  discharge  of  their 
duties. 

Section  53.  The  school  committee  shall  elect  a  super- 
intendent of  schools  and  may,  under  the  laws  regulating 
the  civil  service,  appoint,  suspend,  or  remove  at  pleasure 
such  subordinate  officers  or  assistants,  including  janitors  of 
school  buildings,  as  it  may  deem  necessary  for  the  proper 
discharge  of  its  duties  and  the  conduct  of  its  business;  it 
shall  define  their  terms  of  service  and  their  duties  and  shall 
fix  their  compensation.  No  member  of  the  school  committee 
shall,  during  the  term  for  which  he  is  elected,  hold  any  other 
office  or  position  the  salary  or  compensation  for  which  is 
payable  out  of  the  city  treasury. 

Sp:ction  54.  The  school  committee,  in  addition  to  the 
powers  and  duties  pertaining  by  law  to  school  committees, 
shall  have  power  to  provide,  w^hen  they  are  necessary, 
temporary  accommodations  for  school  purposes,  and  shall 
have  the  control  of  all  school  buildings  and  of  the  grounds 
connected  therewith,  and  the  power  to  make  all  repairs, 
the  expenditures  for  which  are  made  from  the  regular  ap- 
propriation for  the  school  department,  except  as  is  otherwise 
provided  herein. 

Section  55.  No  site  for  a  school  building  shall  be  ac- 
quired by  the  city  unless  the  aj)proval  of  the  site  by  the 
school  committee  is  first  obtained.  No  plans  for  the  con- 
struction of  or  alterations  in  a  school  building  shall  be 
accepted,  and  no  work  shall  be  begun  on  the  construction 
or  alteration  of  a  school  building,  unless  the  approval  of 
the  school  committee  therefor  is  first  obtained.  Nothing 
herein  contained  shall  require  such  approval  for  the  making 
of  ordinary  repairs. 


Acts,  1911.  — Ciiai\  G4:5.  765 


VACANCIES. 

Section  56.  If  there  be  a  vacancy  in  the  miinlcipal  vacancies, 
council,  by  failure  to  elect  or  otherwise,  the  council  shall, 
by  its  remaining  members,  call  a  special  city  election  to 
fill  the  vacancy  or  vacancies  for  the  unexpired  term  or  terms; 
except  that  if  such  vacancy  or  vacancies  occur  within  four 
calendar  months  prior  to  the  annual  city  election,  the  mu- 
nicipal council  shall,  by  its  remaining  members,  fill  such 
vacancy  or  vacancies, 

(a)  For  the  remainder  of  the  unexpired  term  or  terms, 
if  such  vacancy  or  vacancies  occur  within  sixty  days  prior 
to  such  annual  election;  or 

(b)  For  the  remainder  of  the  municipal  year  if  such  va- 
cancy or  vacancies  occur  within  four  calendar  months  but 
not  within  sixty  days  prior  to  such  annual  election. 

At  the  next  annual  municipal  election  thereafter  a  mem- 
ber shall  be  elected  by  the  qualified  voters  of  the  city  to 
serve  for  the  remainder,  if  any,  of  the  unexpired  term  of 
the  member  whose  office  is  vacant,  provided,  that  such 
vacancy  occurs  within  four  calendar  months  but  not  within 
sixty  days  prior  to  the  municipal  election.  A  person  elected 
to  fill  any  such  vacancy  shall,  before  entering  upon  the 
duties  of  his  office,  take  oath  before  the  city  clerk  or  a 
justice  of  the  peace  faithfully  to  perform  the  same. 

Section  57.     Upon  the  death,  resignation  or  absence  of  P/cs'dent 
the  mayor,  or  upon  his  mability  to  perform  the  duties  of  ipai  council 
his  office,  the  president  of  the  municipal  council  shall  per-  duties  of 

p  ,1  I'pi  !•!  ,  lie  mayor  in  a  cer- 

lorm  them,  and  it  he  also  is  absent,  or  unable  irom  any  tain  case. 
cause  to  perform  said  duties,  they  shall  be  performed  by 
such  member  of  the  municipal  council  as  it  may  from  time 
to  time  elect,  until  the  mayor  or  president  of  the  municipal 
council  is  able  to  attend  to  said  duties,  or  until  the  vacancy 
is  filled,  as  is  hereinbefore  provided.  The  person  upon  whom 
such  duties  devolve  shall  be  called  "acting  mayor",  and, 
except  as  is  otherwise  provided  in  this  act,  shall  possess 
the  powers  of  mayor. 

Section  58.     If  there  is  a  vacancv  in  the  school  com-  vacancies 
mittee,  by  failure  to  elect  or  otherwise,  the  mayor  shall  commUtee. 
call  a  joint  convention  of  the  municipal  council  and  the 
school   committee,   at  which  the  mayor,   if   present,   shall 
preside,  and  the  vacancy  shall,  by  vote  of  a  majority  of 
all  the  members  of  the  two  bodies,  be  filled  by  the  election 


7m  Acts,  1911.  — Chap.  615. 

of  a  member  to  serve  for  the  remainder  of  the  unexpired 
term,  provided,  such  vacancy  occurs  within  sixty  days  prior 
to  the  annual  city  election;  otherwise  for  the  remainder 
of  the  municipal  year.  At  the  next  annual  municipal  elec- 
tion thereafter  a  member  shall  be  elected  by  the  qualified 
voters  of  the  city,  to  serve  for  the  remainder,  if  any,  of  the 
unexpired  term  of  the  member  whose  office  is  vacant,  pro- 
vided such  vacancy  occurs  more  than  sixty  days  prior  to 
such  annual  municipal  election. 

RECALL. 

• 

^®«=^"-  Section  59.    The  holder  of  any  elective  office  may  be 

removed  at  any  time  by  the  voters  qualified  to  vote  at 
city  elections,  and  the  procedure  to  effect  his  removal  shall 
be  as  follows:  —  A  petition  signed  by  a  number  of  such 
voters  equal  to  at  least  twenty  per  cent  of  the  aggregate 
number  of  votes  cast  for  candidates  for  mayor  at  the  last 
preceding  annual  election  at  which  a  mayor  was  elected, 
demanding  the  election  of  a  successor  to  the  person  sought 
to  be  removed,  shall  be  filed  in  the  oflBce  of  the  city  clerk. 
Such  petition  shall  contain  a  general  statement  of  the  grounds 
upon  which  the  removal  is  sought.  It  need  not  be  on  one 
,  paper,  but  may  consist  of  several  distinct  papers,  each  con- 
taining the  said  demand,  and  substantially  upon  the  same 
grounds,  and  all  papers  containing  the  said  demand  and 
statement  which,  in  any  one  day,  shall  be  filed  at  the  office 
of  the  city  clerk,  shall  be  deemed  parts  of  the  same  peti- 
tion. Every  signer  shall  add  to  his  signature  his  place 
of  residence  on  the  previous  first  day  of  April,  gi^•ing  the 
street  and  street  number,  if  any.  One  signer  of  every 
such  paper  shall  make  oath  upon  his  information  and 
belief,  before  a  notary  public  or  justice  of  the  peace,  that 
the  statements  therein  made  are  true,  and  that  each  sig- 
nature to  such  paper  is  the  genuine  signature  of  the  person 
whose  name  it  purports  to  be.  Within  ten  days  after 
the  date  of  the  filing  of  such  petition,  the  city  clerk, 
with  the  assistance  of  the  registrars  of  voters,  shall  exam- 
ine the  petition  to  ascertain  whether  or  not  it  is  signed  by 
the  requisite  number  of  voters,  as  above  prescribed,  and 
shall  attach  to  said  i)etition  his  certificate,  showing  the 
result  of  his  examination.  If,  from  the  city  clerk's  certifi- 
cate the  petition  ajjpears  not  to  be  signed  by  the  requi- 
site  number  of   voters,   it   may   be   supplemented,   within 


Acts,  1911.  — Chap.  6i5.  7G7 

ten  days  after  the  date  of  such  certificate,  by  other  papers,  Recall, 
signed  and  sworn  to  as  aforesaid,  and  all  other  papers  con- 
taining a  hke  demand  and  statement,  and  signed  and  sworn 
to  as  aforesaid,  shall  be  deemed  supplemental  to  the  origi- 
nal petition.  The  city  clerk  shall  within  ten  days  after 
the  expiration  of  the  time  allowed  for  filing  the  supple- 
mentary petition  make  a  like  examination  of  such  petition, 
if  any  is  filed,  and  shall  attach  thereto  a  new  certificate, 
and  if  it  appears  from  such  new  certificate  that  the  petition 
is  still  insufficient  as  to  the  number  of  signers  as  aforesaid, 
it  shall  be  returned  to  the  person  or  persons  filing  the  same, 
without  prejudice,  however,  to  the  filing  of  a  new  petition 
to  the  same  effect.  If  the  petition,  as  originally  filed  or 
as  supplemented,  shall  be  certified  by  the  city  clerk  to  be 
sufficient,  he  shall  present  the  same  to  the  municipal  coun- 
cil without  delay,  and  if  the  officer  sought  to  be  removed 
does  not  resign  within  five  days  thereafter,  the  municipal 
council  shall  call  the  election  so  demanded,  and  shall  fix 
a  date  for  holding  the  same,  which  shall  be  not  less  than 
forty  nor  more  than  fifty  days  after  the  date  when  the  peti- 
tion was  presented  by  the  city  clerk  to  the  municipal  council. 
The  municipal  council  shall  make  or  cause  to  be  made  all 
arrangements  for  holding  such  election,  and  the  same  shall 
be  held  and  conducted,  returns  thereof  made,  and  the  results 
thereof  declared  in  all  respects  as  in  the  case  of  other  city 
elections.  So  far  as  applicable  and  except  as  otherwise 
herein  provided,  nominations  hereunder  shall  be  made 
without  the  intervention  of  a  preliminary  election  by  filing 
with  the  clerk,  at  least  ten  days  prior  to  said  election,  a 
statement  of  candidacy  accompanied  by  a  petition  signed 
by  a  number  of  voters  equal  to  at  least  ten  per  cent  of 
the  aggregate  number  of  votes  cast  for  candidates  for  the 
office  of  mayor  at  the  last  preceding  annual  election  at  which 
a  mayor  was  elected,  which  said  statement  of  candidacy 
and  petition  shall  be  substantially  in  the  form  set  out  in 
section  ten  of  this  act,  so  far  as  the  same  is  applicable,  sub- 
stituting the  word  "special"  for  the  word  "preliminary" 
in  such  statement  and  petition,  and  stating  therein  that 
such  person  is  a  candidate  for  election  instead  of  nomina- 
tion. The  ballot  for  such  special  election  shall  be  in  sub- 
stantially the  following  form  : 


768 


Acts,  1911.  — CmiP.  Gi5. 


Form  of 
oHicial  ballot 
for  special 
election. 


OFFICIAL   BALLOT. 

Special  election  for  the  balance  of  the  unexpired  term 
of  as 

For 

(Vote  for  one  only) 
(Names  of  candidates) 


Person 
sought  to 
be  removed 
may  be  a 
candidate, 
etc. 


Attest : 


Name  of  present  incumbent 

Official  ballot. 
(Signature) 


City  Clerk. 
The  successor  of  any  person  removed  shall  hold  office  dur- 
ing the  unexpired  term  of  his  predecessor,  subject,  however, 
to  recall. 

Any  person  sought  to  be  removed  may  be  a  candidate 
at  such  election,  and  unless  he  request  otherwise  in  writing 
the  city  clerk  shall  place  his  name  on  the  official  ballots 
without  nomination.  The  person  receiving  the  highest 
number  of  votes  shall  be  declared  elected.  If  some  person 
other  than  the  incumbent  receives  the  highest  number  of 
votes,  the  incumbent  shall  thereupon  be  deemed  to  be  re- 
moved from  office.  In  case  a  person,  other  than  the  incum- 
bent, receiving  the  highest  number  of  votes,  shall  fail  to 
make  oath  before  the  city  clerk  or  a  justice  of  the  peace, 
within  thirty  days  after  his  election,  faithfully  to  perform 
the  duties  of  the  office,  the  office  shall  be  deemed  vacant. 
If  the  incumbent  receives  the  highest  number  of  votes,  he 
shall  continue  in  office  until  the  end  of  the  term  which 
he  was  serving  at  the  time  of  such  election,  unless  sooner 
removed  therefrom  by  new  and  like  proceedings.  The 
name  of  no  candidate  other  than  the  person  souglit  to  be 
removed  shall  be  i)rinted  on  the  official  ballots  to  be  used 
at  such  election,  unless  such  candidates  be  nominated  as 
hereinbefore  provided.  If  a  vacancy  occurs  in  said  office 
after  the  removal  election  has  been  ordered,  the  election 
shall  nevertheless  proceed. 


INITIATIVE. 

Initiative.  SECTION  60.     If  a  petition,  signed  by  a  number  of  the 

voters  of  said  city,  ((uulified  to  vote  at  city  elections,  equal 
to  at  least  twenty  per  cent  of  the  aggregate  number  of  votes 


Acts,  1911.  — Chap.  645.  769 

cast  for  the  candidates  for  mayor  at  the  last  preceding  initiative, 
annual  city  election  at  which  a  mayor  was  elected,  and 
requesting  the  municipal  council  to  pass  any  measure 
therein  set  forth  or  described  shall  be  filed  in  the  office  of 
the  city  clerk,  the  municipal  council,  provided  said  measure 
to  be  one  which  it  has  a  legal  right  to  pass,  shall, 

(a)  Pass  said  measure  without  alteration,  within  twenty 
days  after  the  attachment  of  the  city  clerk's  certificate  of 
sufficiency  to  such  petition,  or 

(b)  Forthwith,  after  the  expiration  of  twenty  days  after 
the  attachment  of  the  said  certificate  of  sufficiency  to  the 
petition,  call  a  special  election,  unless  an  annual  city  election 
is  to  be  held  within  ninety  days  after  the  attachment  of  the 
certificate  of  sufficiency;  and  at  such  special  election,  or  an- 
nual city  election,  if  one  is  so  to  be  held,  submit  said  meas- 
ure without  alteration  to  the  voters  of  the  city  qualified  as 
aforesaid.  The  date  of  said  election  shall  be  fixed  as  pro- 
vided by  section  fifty-nine. 

If,  however,  a  petition  like  the  above  described  petition, 
and  signed  by  a  number  of  qualified  voters  equal  to  at  least 
ten  per  cent,  but  less  than  twenty  per  cent,  of  the  aggregate 
number  of  votes  cast  as  aforesaid,  is  filed  as  aforesaid  the 
municipal  council  shall 

(c)  Pass  the  measure  therein  set  forth  or  described  with- 
out alteration,  within  twenty  days  after  such  attachment 
of  the  certificate  of  sufficiency,  or 

(d)  Submit  the  same  to  the  qualified  voters  of  the  city 
at  the  next  annual  city  election. 

The  votes  upon  the  said  measure  at  an  annual  city  elec- 
tion, or  at  a  special  election,  shall  be  taken  by  ballot  in 
answer  to  the  question,  "Shall  the  measure  (stating  the 
nature  of  the  same)  be  passed?"  which  shall  be  printed 
on  the  ballots  after  the  list  of  candidates,  if  there  be  any. 
If  a  majority  of  the  qualified  voters  voting  on  the  proposed 
measure  shall  vote  in  favor  thereof,  it  shall  thereupon  be- 
come a  valid  and  binding  measure  of  the  city,  and  no  such 
measure  passed  as  aforesaid  by  the  municipal  council,  upon 
petition  as  aforesaid,  or  which  shall  be  adopted  as  afore- 
said at  any  such  annual  city  election  or  special  election 
shall  be  repealed  or  amended,  except  by  the  qualified  voters 
of  the  city  at  an  annual  city  election  or  special  election. 
Any  number  of  measures  requested  by  petition,  as  aforesaid, 
may  be  voted  upon  at  the  same  election,  in  accordance 
with  the  provisions  of  this  section.  The  municipal  council 
paay  submit  a  proposition  for  the  repeal  of  any  such  meas- 


770 


Acts,  1911.  — Chap.  G45. 


Initiative. 


Referendum. 


ure,  or  for  amendment  tliereof,  to  be  voted  upon  at  any- 
succeeding  annual  city  election;  and  should  such  propo- 
sition so  submitted  receive  a  majority  of  the  votes  cast 
thereon  at  such  election,  the  measure  shall  thereby  be  re- 
pealed or  amended  accordingly.  The  vote  upon  such  repeal 
or  amendment  at  the  annual  city  election  shall  be  taken 
by  ballot  in  answer  to  the  question,  "Shall  the  measure 
(stating  the  nature  of  the  same)  be  repealed  or  amended 
(stating  the  nature  of  the  amendment)?"  which  shall  be 
printed  on  the  ballots  after  the  list  of  candidates,  if  there 
be  any.  Whenever  any  such  measure  or  proposition  is 
required  by  this  act  to  be  submitted  at  any  election  as  afore- 
said, the  city  clerk  shall  cause  the  same  to  be  published 
once  in  each  of  the  daily  newspapers  published  in  said  city; 
such  publication  to  be  not  more  than  twenty  nor  less  than 
five  days  before  the  submission  of  the  measure  or  propo- 
sition to  be  voted  on.  Petitions  under  the  provisions  of 
this  section  may  consist  of  one  or  more  distinct  papers. 
In  each  of  such  papers  the  measure,  the  passage  of  which 
is  requested,  shall  be  set  forth  or  described,  and  all  such 
papers  filed  in  any  one  day  in  the  office  of  the  city  clerk 
shall  be  deemed  to  be  parts  of  the  same  petition.  Such 
petitions  shall  be  signed,  sworn  to  as  to  signatures,  exam- 
ined, re-examined,  presented  to  the  municipal  council,  shall 
have  the  city  clerk's  certificate  of  sufficiency  or  insufficiency 
attached  thereto,  and  may  be  supplemented  in  the  same 
manner  as  petitions  filed  under  section  fifty-nine.  Any 
measure  passed  under  the  provisions  of  this  section  by  the 
municipal  council,  or  by  the  voters,  may  prescribe  such 
penalty  for  its  violation  as  the  municipal  council,  after  this 
act  takes  effect,  shall  have  a  right  to  affix  to  a  like  measure 
for  a  breach  thereof. 

REFERENDUM. 

Section  61.  If,  during  the  ten  days,  or  in  case  of  the 
granting,  renewal  or  extending  of  any  geticral  franchise  or 
general  right  to  occupy  or  use  the  streets,  highways,  bridges 
or  public  places  in  the  city,  if  during  the  thirty  days  next 
following  the  passage  of  any  measure  by  the  numicipal 
covmcil  excej)t  an  order,  resolution  or  \()te  for  the  innne- 
diate  preservation  of  the  public  peace,  health  or  safety  as 
l)r()vided  in  section  twenty-seven  of  this  act,  a  ])etition, 
signed  by  a  number  of  voters  of  said  city  (lualifieil  to  vote 
at  city  elections,  equal  to  at  least  fifteen  per  cent  of  the 


Acts,  1911.  — Chap.  6i5.  Ill 

aggregate  number  of  votes  cast  for  candidates  for  mayor  Referendum, 
at  the  last  preceding  annual  city  election  at  which  a  mayor 
was  elected,  and  protesting  against  the  passage  of  such 
measure,  shall  be  filed  in  the  office  of  the  city  clerk,  such 
measure  shall  be  suspended  from  going  into  operation,  and 
it  shall  be  the  duty  of  the  municipal  council  to  reconsider 
the  same,  and  if  it  is  not  wholly  repealed,  the  municipal 
council  shall  submit  it,  as  is  provided  in  sub-division  (6)  of 
section  sixty,  to  the  qualified  voters  of  the  city,  and  the  said 
measure  shall  not  go  into  eft'ect  or  become  operative  unless 
a  majority  of  the  voters,  qualified  as  aforesaid,  voting  on 
the  same  shall  vote  in  favor  thereof.  The  vote  upon  such 
a  measure  at  an  annual  city  election  or  special  election  shall 
be  taken  by  ballot  in  answer  to  the  question,  "Shall  the 
measure  (stating  the  nature  of  the  same)  take  eflPect?"  which 
shall  be  printed  on  the  ballot  after  the  list  of  candidates,  if 
there  be  any.  Whenever  any  such  measure  or  proposition 
is  required  by  this  act  to  be  submitted  at  any  election  as 
aforesaid,  the  city  clerk  shall  cause  the  same  to  be  published 
once  in  each  of  the  daily  newspapers  published  in  said  city; 
such  publication  to  be  not  more  than  twenty  nor  less  than 
five  days  before  the  submission  of  the  measure  or  proposition 
to  be  voted  on.  Petitions  under  the  provisions  of  this 
section  may  consist  of  one  or  more  distinct  papers.  In  each 
of  such  papers  the  measure,  the  passage  of  which  is  pro- 
tested, shall  be  set  forth  or  described,  and  all  such  papers 
filed  in  any  one  day  shall  be  deemed  to  be  parts  of  the  same 
petition.  Such  petitions  shall  be  signed,  sworn  to  as  to 
signatures,  examined,  re-examined,  presented  to  the  munic- 
ipal council,  shall  have  the  city  clerk's  certificate  of  suffi- 
ciency or  insufficiency  attached  thereto,  and  may  be  supple- 
mented in  the  same  manner  as  petitions  filed  under  section 
fifty-nine. 

Section  62.  It  shall  not  be  necessary  for  the  validity  of  Validity  of 
any  petition  or  statement  provided  for  or  required  by  the 
provisions  of  this  act  that  any  signer  thereof  add  to  his 
signature  any  residence  other  than  the  name  of  the  street, 
and  street  number,  if  there  be  any,  at  which  he  resided  on 
the  previous  first  day  of  April. 

Section  63.     Section  two  of  chapter  two  hundred  and  anTre^TaT*^^ 
thirty-one  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-eight  entitled,  "An  Act  to  incorporate  the  trustees 
of  the  city  library  of  Lowell",  is  hereby  amended  by  striking 
out  the  words,  "finance  committee",  in  the  seventh  line, 


772  Acts,  1911.  — Chap.  045. 

Amendmcnta  aiid  iiisortiiig  ill  pkcc  thcrcof  the  words:  —  commissioner  of 
aud  rcixuii.  finance.  So  much  of  section  one  of  chapter  one  hundred  and 
eij:;lity-seven  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-five  entitled,  "An  Act  to  place  the  control  of  the 
I)olice  force  of  the  city  of  Lowell  under  the  license  commis- 
sion of  said  city  and  to  change  the  name  of  said  commis- 
sion", as  provides  that  the  license  commission  shall  be  des- 
ignated and  known  as  "The  Board  of  Police  of  the  city  of 
Lowell",  is  hereby  repealed,  and  said  commission  shall 
hereafter  be  designated  and  known  as  the  license  commission 
of  the  city  of  Lowell.  Section  nine  of  said  act  is  hereby 
amended  by  striking  out  the  word  "mayor",  in  the  second 
line,  and  inserting  in  place  thereof  the  words:  —  municipal 
council.  Section  ten  of  said  act  is  hereby  further  amended 
by  striking  out  the  same,  and  inserting  in  place  thereof  the 
following:  —  Section  10.  Vacancies  hereafter  occurring  in 
the  membership  of  said  license  commission  by  expiration  of 
terms  of  office  or  otherwise  shall  be  filled  by  appointment  of 
the  municipal  council,  or  a  majority  thereof,  voting  as  pro- 
vided by  section  seven  of  chapter  twenty-six  of  the  Revised 
Laws.  The  members  of  said  license  commission  may  be 
removed  by  the  municipal  council  or  a  majority  thereof 
voting  by  yeas  and  nays,  after  a  hearing,  for  malfeasance, 
incapacity,  or  neglect  of  duty,  such  removal  to  be  subject 
however  to  review,  affirmation,  or  revocation  by  the  superior 
court  as  provided  in  section  four  of  chapter  one  hundred  of 
the  Revised  Laws. 

Chapter  four  hundred  and  fifteen  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-six,  entitled  "An  Act  to  amend 
the  charter  of  the  city  of  Lowell ",  is  hereby  amended  by 
striking  out  the  second,  fourth,  fifth,  sixth,  seventh,  eighth, 
and  eleventh  sections  thereof;  by  striking  out  in  the  first 
sentence  of  the  third  section  thereof  the  word  "mayor",  and 
inserting  in  })lace  thereof  the  words:  —  commissioner  of 
the  particular  department  for  which  the  same  are  intended, 
or  in  case  of  the  purchase  of  material  and  sup]~)lies  for  the 
school  department,  subject  to  the  approxal  of  the  diairman 
of  the  school  committee,  —  and  by  inserting  after  the  word 
"department",  in  tlie  third  line  of  the  same  sentence,  the 
words:  —  who  shall  be  known  as  the  j)urchasing  agent,  — 
so  that  said  sentence  will  read  as  follows:  —  There  shall  be 
a  (le])artment  of  sui)i)lies,  and  all  material  and  su])i)lies  for 
the  cit\'  shall  be  i)urfhased  h\  the  chief  or  head  of  such 
department,  who  shall  be  known  as  the  piu'chasing  agent. 


Acts,  1911.  — CnAr.  645.  773 

subject  to  the  approval  of  the  commissioner  of  the  particular  Amendmenta 
department  for  which  the  same  are  intended,  or  in  case  ^^  "^epea. 
of  the  purchase  of  material  and  supplies  for  the  school  de- 
partment, subject  to  the  approval  of  the  chairman  of  the 
school  committee,  —  also  by  striking  out  the  last  sentence  of 
said  third  section;  also  by  striking  out  section  ten  of  said 
chapter  four  hundred  and  fifteen  and  inserting  in  place 
thereof  the  following:  —  Section  10.  All  bills  or  other  claims 
before  they  are  finally  certified  by  the  auditor  or  paid  shall 
be  approved  by  the  municipal  council,  —  also  by  striking  out 
section  twelve  thereof  and  inserting  in  place  thereof  the 
following:  —  Section  12.  Less  than  a  quorum  of  the  munic- 
ipal council  or  of  the  school  committee  may  adjourn  to  a 
fixed  day  earlier  than  the  next  regular  meeting,  and  shall 
have  power  to  compel  the  attendance  of  absent  members 
in  such  manner  as  the  municipal  council  may  by  ordinance 
provide. 

Chapter  ninety-five  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-seven,  entitled  "An  Act  relative  to  the 
duties  and  powders  of  certain  officers  of  the  city  of  Lowell", 
is  hereby  amended  by  striking  out  the  third  section  and 
inserting  in  place  thereof  the  following:  —  Section  3.  The 
municipal  council  shall  by  ordinance  from  time  to  time 
determine  what  officers  shall  be  the  heads  of  the  various 
sub-departments  of  the  city  government.  The  purchasing 
agent  may  sell  or  dispose  of  the  personal  property  of  the 
city  upon  the  recommendation  of  the  municipal  council, 
except  the  products  of  the  city  farm,  which  the  superintend- 
ent of  said  farm  shall  have  the  right  to  dispose  of.  Section 
one  of  chapter  three  hundred  and  forty-nine  of  the  acts 
of  the  vear  nineteen  hundred,  entitled  "An  Act  to  increase 
the  representation  of  the  city  of  Lowell  in  the  trustees  of 
the  Low^ell  Textile  School  Corporation",  is  hereby  amended 
by  striking  out  the  words,  "the  chairman  of  the  board  of 
aldermen,  the  president  of  the  common  council",  in  the 
fourth  and  fifth  lines,  and  inserting  in  place  thereof  the 
words:  —  the  mayor,  the  president  of  the  municipal  council. 
Chapter  three  hundred  and  thirty-seven  of  the  acts  of  the 
year  nineteen  hundred  and  five,  entitled,  "An  x\ct  to  abolish 
the  board  of  overseers  of  the  poor  and  to  create  a  board 
of  charities  in  the  city  of  Lowell",  is  hereby  amended  by 
striking  out  the  fourth  and  fifth  sections  thereof. 

Section  64.     The  mayor,  aldermen,  and  common  coun-  Elections, 
cilmen  and  the  city  clerk  in  office  when  this  act  takes  effect 


774 


Acts,  1911.  — Chap.  645. 


Officer 
removed  by 
recall  not  to 
be  apixiinted 
to  other 
office,  etc. 


Repeal. 


Provisos. 


To  be  sub- 
mitted to 
voters. 


QucHtlon  ii|)on 
ballot,  etc. 


shall  comply  with  all  the  requirements  of  this  act  relating 
to  elections  to  the  end  that  all  things  may  be  done  necessary 
to  the  nomination  and  election  of  the  officers  first  to  be 
elected  under  the  provisions  of  this  act. 

Section  65.  No  person  who  has  been  removed  from 
office  by  recall,  or  who  has  resigned  from  such  office  while 
recall  proceedings  were  pending  against  him,  shall  be  ap- 
pointed to  any  office  by  the  municipal  council  within  one 
year  after  such  removal  or  recall  or  such  resignation.  No 
person  who  resigns  from  an  elective  office,  whether  recall 
proceedings  are  pending  against  him  at  the  time  or  not, 
shall  be  appointed  to  any  elective  office  within  one  year 
after  such  resignation. 

Section  66.  All  special  acts  and  parts  of  special  acts 
inconsistent  herewith  are  hereby  repealed,  and  no  general 
act  or  part  of  a  general  act  inconsistent  herewith  shall 
hereafter  apply  to  the  city  of  Lowell:  yroiided,  however, 
that  this  repeal  shall  not  affect  any  act  done,  or  any  right 
accruing  or  accrued  or  established,  or  any  suit  or  proceed- 
ing begun  in  any  civil  case  before  the  time  when  the  re- 
peal takes  effect,  and  that  no  offences  committed  and  no 
penalties  or  forfeitures  incurred  under  the  acts  or  parts 
of  acts  hereby  repealed  shall  be  afiected  by  such  repeal; 
and  provided,  also,  that  all  persons,  who  at  the  time  when 
said  repeal  takes  effect  shall  hold  any  office  under  said  acts 
shall  continue  to  hold  the  same,  except  as  is  otherwise  pro- 
vided herein,  and  provided,  further,  that  all  by-laws  and 
ordinances  of  the  city  of  Lowell  in  force  at  the  time  when 
said  repeal  takes  effect,  and  not  inconsistent  with  the  pro- 
visions of  this  act,  shall  continue  in  force  until  the  same  are 
repealed  or  amended,  and  all  officers  elected  under  such 
by-laws  and  ordinances  shall  continue  in  office,  except  as 
is  otherwise  provided  herein. 

Section  67.  This  act  shall  be  submitted  to  the  qualified 
male  voters  of  the  city  of  Lowell  at  the  state  election  for 
the  current  year.  The  vote  shall  be  taken  by  ballot  in  ac- 
cordance with  the  provisions  of  chapter  five  hundred  and 
sixty  of  the  acts  of  the  year  nineteen  hundred  and  seven, 
and  of  acts  in  amendment  thereof  and  in  aildition  thereto, 
so  far  as  the  same  shall  be  applicable,  in  answer  tt)  the 
question,  "  Shall  an  act  passed  by  the  general  court  in  the 
year  nineteen  hundred  and  eleven,  entitled,  'An  Act  to  amend 
the  charter  of  the  city  of  Lowell',  be  accepted?"  and  the 


Acts,  1911.  — Chap.  61G.  775 

affirmative  votes  of  a  majority  voting  thereon  shall  be  re-  banot!°e'tc"^°° 
quired  for  its  acceptance.  So  much  of  this  act  as  author- 
izes its  submission  to  the  qualified  voters  of  the  city  shall 
take  effect  upon  its  passage,  but  it  shall  not  take  further 
effect  unless  accepted  as  herein  prescribed.  If  so  accepted, 
this  act  shall  take  effect  upon  its  acceptance  for  the  annual 
city  election  to  be  held  on  the  fourth  Tuesday  of  December 
in  the  year  nineteen  hundred  and  eleven,  for  the  preliminary 
election  for  nominations  to  be  held  under  the  provisions 
thereof  on  the  third  Tuesday  preceding  the  aforesaid  annual 
city  election,  for  the  statements  of  candidates  and  petitions 
accompanying  statements  of  candidates  to  be  filed  by  persons 
whose  names  are  to  be  printed  on  the  official  ballots  to  be 
used  at  such  preliminary  election,  for  the  election  of  political 
committees,  and  for  all  things  which  appertain  and  relate 
to  said  annual  city  election,  preliminary  election,  statements 
of  candidates  and  petitions  accompanying  statements  of 
candidates,  and  election  of  political  committees;  and  it 
shall  take  effect  for  all  other  purposes  at  ten  o'clock  in  the 
forenoon  on  the  first  Monday  of  January  in  the  year  nine- 
teen hundred  and  twelve.  Approved  July  10,  1911. 

An  Act  making  appropriations  for  the  expenses  of  (Jhap.Q4t& 

THE  MASSACHUSETTS  NAUTICAL  TRAINING  SCHOOL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 

•     ,j,i  •!  xPj.1j.  i?xl  1x1     tions,  nautical 

priated,  to  be  paid  out  of  the  treasury  oi  the  commonwealth  training 
from  the  ordinary  revenue,  for  the  expenses  of  the  Massa-  ^^^°^^- 
chusetts  nautical  training  school  for  the  fiscal  year  ending 
on  the  thirtieth  day  of  November,  nineteen  hundred  and 
eleven,  to  wit:  — 

For  the  current  expenses  of  the  school,  a  sum  not  exceed-  ^tooif^^°^ 
ing  sixty  thousand  dollars. 

For   expenses   of   the   commissioners,   the   salary   of   the  Expenses  of 
secretary,  clerical  services,  printing,  stationery,  contingent 
expenses,  and  the  printing  and  binding  of  the  annual  report, 
a  sum  not  exceeding  five  thousand  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  10,  1911. 


commissioners. 


776 


Acts,  1911.  — Chaps.  647,  618. 


Chap.64:7  An  Act  making  appropriations  for  salaries  and  ex- 
penses IN  THE  DEPARTMENT  OF  THE  SURGEON  GENERAL 
OF  THE  MILITIA. 


Appropria- 
tions. 


Surs;eon 
general. 

Medical 
supplies. 


Examination 
of  recruits. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  department  of  the  sur- 
geon general,  for  the  fiscal  year  ending  on  the  thirtieth  day 
of  November,  nineteen  hundred  and  eleven,  to  wit:  — 

For  the  salary  of  the  surgeon  general,  twelve  hundred 
dollars. 

For  medical  supplies  for  use  of  the  volunteer  militia, 
and  for  incidental  and  contingent  expenses  of  the  surgeon 
general,  including  clerical  services  and  the  printing  of  the 
annual  report,  a  sum  not  exceeding  twenty-five  hundred 
dollars. 

For  expenses  in  connection  with  the  examination  of  recruits 
for  the  militia,  a  sum  not  exceeding  three  thousand  dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  10,  1911. 


Cliap.^'i^  An  Act  making  appropriations  for  the  salary  and  ex- 
penses OF  THE  commissioner  OF  PUBLIC  RECORDS. 


Appropria- 
tions. 


Commissioner 
of  public 
records. 

F.xpenses. 


Purchase  of 
ink. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  commissioner  of  i)ul)lic 
records  for  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eleven,  to  wit:  — 

For  the  salary  of  the  commissioner,  twenty-five  hundred 
dollars. 

For  travelling,  clerical  and  other  necessary  expenses  of 
the  commissioner,  including  the  j^rinting  of  the  annual 
report,  a  sum  not  exceeding  twenty-four  hundred  and  eighty 
dollars. 

For  the  purchase  of  ink  for  public  records,  a  sum  not 
exceeding  four  hundred  dollars. 

Section  2.     This  act  shall  take  effect  ui^on  its  passage. 

Appnnrd  Jiili/  ID,  1911. 


Acts,  1911.  — Chats.  649,  650,  651.  777 


An  Act   to  provide  for  .  the  instruction  of  nurses,  CVia?9.619 

ATTENDANTS    AND    PATIENTS    IN    CERTAIN    STATE    INSTITU- 
TIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  trustees  of  the  state  institutions  under  instruction  of 
supervision  of  the  state  board  of  insanity  shall  cause  to  be  °"''^®^' ''''^• 
given  to  the  nurses,  attendants  and  patients  of  said  insti- 
tutions instruction  in  such  arts,  crafts,  manual  training, 
kindergarten  and  other  kinds  of  occupation  as  may  be 
appropriate  for  the  patients  of  the  said  institutions  to  learn, 
and  especially  for  those  patients  who  are  physically  unfit 
to  do  useful  work  about  the  institutions.  The  state  board 
of  insanity  shall  employ  for  this  purpose  one  or  more  super- 
visors who  shall  acquire,  by  visitation  or  otherwise,  such 
information  as  may  be  obtained  in  this  state,  and  elsewhere, 
as  to  the  best  and  most  successful  methods  of  giving  the  said 
instruction. 

Section  2.     In  carrying  out  the  provisions  of  this  act  Expenditure. 
the  state  board  of  insanity  may  expend  annually  a  sum  not 
exceeding  two  thousand  dollars. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  10,  1911. 

An  Act  making  an  appropriation  for  the  maintenance  (J]i(u^  (350 
OF  the  state  infirmary. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     A   sum   not   exceeding   three   hundred   and  Appropriation. 

.|,  .,  state  inhrniary. 

nmety-iour  thousand  dollars  is  hereby  appropriated,  to 
be  paid  out  of  the  treasury  of  the  commonwealth  from 
the  ordinary  revenue,  for  the  maintenance  of  the  state 
infirmary,  for  the  fiscal  year  ending  on  the  thirtieth  day 
of  November,  nineteen  hundred  and  eleven. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  Jidy  10,  1911. 

An  Act  to  authorize  the  trustees  of  the  first  con-  (JJi^n  051 
gregational  church  in  deerfield  to  sell  a  certain 
lot  of  land. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     William    L.    Harris,    Augustus    Brown    and  pe^rtafniotof 
Henry    C.    Wells,    Trustees    of    the    First    Congregational  landintiie 


778 


Acts,  1911.  — Chap.  652. 


town  of 
Deerfield,  etc. 


Church  in  Deerfield,  may  sell  and  convey,  for  a  sum  not 
less  than  five  thousand  dollars,  a  certain  lot  of  land  situate 
in  that  part  of  Greenfield,  formerly  a  part  of  Deerfield, 
lying  west  and  north  of  Green  river,  and  containing  twenty 
acres,  more  or  less,  which  is  sequestered  for  the  ministry 
of  the  First  Congregational  Church  of  Deerfield.  The 
proceeds  of  the  said  sale  shall  be  held  by  said  trustees  and 
their  successors  in  office  for  the  uses  and  p\irposes  for  which 
said  lot  of  land  is  held  for  the  ministry  of  the  First  Congre- 
gational Church  of  Deerfield. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Ajjproved  July  10,  1911. 


C1iap.(jB2 


Appropria- 
tions. 


Gas  and 
electric  light 
commissiouera. 

Clerical 
assistance. 

Statistics, 
books,  etc. 

Rent  of  office. 


Inspection  of 
eloclric  meters. 


Salary  of 
inspector. 

First  assistant. 


Second 
assistant. 


Deputies. 


An  Act  making  appropriations  for  salaries  and  ex- 
penses OF  THE  gas  and  ELECTRIC  LIGHT  COMMISSIONERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  Gas  and  Electric  Light  Com- 
missioners' Fund,  for  the  salaries  and  expenses  of  the  gas 
and  electric  light  commissioners,  for  the  fiscal  year  ending 
on  the  thirtieth  day  of  November,  nineteen  hundred  and 
eleven,  to  wit:  — 

For  the  salaries  of  the  commissioners,  fourteen  thousand 
dollars. 

For  clerical  assistance,  a  sum  not  exceeding  five  thousand 
dollars. 

For  statistics,  books,  stationery,  and  for  other  necessary 
expenses,  a  sum  not  exceeding  thirty-three  hundred  dollars. 

For  rent  of  an  office,  a  sum  not  exceeding  forty-two  hun- 
dred dollars. 

For  the  inspection  of  electric  meters,  a  sum  not  exceed- 
ing one  thousand  dollars. 

For  tlie  salary  of  the  present  gas  inspector,  twenty-eight 
hundred  dollars. 

For  the  salary  of  the  present  first  assistant  inspector, 
eighteen  hundred  dollars. 

For  the  salary  of  tlie  present  second  assistant  inspector, 
sixteen  hundred  dollars. 

For  compensation  of  deputies,  travelling  expenses,  appa- 
ratus, office  rent  and  other  inciilental  expenses,  a  sum  not 
exceeding  nine  thousand  dollars. 


Acts,  1911.  —  Chaps.  653,  G54.  779 

For  printing  and  binding  the  annual  report,  a  sum  not  Annual  report, 
exceeding  eighteen  hundred  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  10,  1911. 


An  Act  making  appropriations  for  salaries  and  ex- ^^^^,^  ^^r; 3 

PENSES    in    the    department    OF    THE    COMMISSIONER    OF 
WEIGHTS   AND   MEASURES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  salaries  and  expenses  of  the 
commissioner  of  weights  and  measures  for  the  fiscal  year 
ending  on  the  thirtieth  day  of  November,  nineteen  hun- 
dred and  eleven,  to  wit:  — 

For  the  salary  of  the  commissioner,  two  thousand  dollars.  Commissioner 

For  the  salaries  of  inspectors,  six  thousand  dollars.  anJnfeasures. 

For  clerical  services,  travel  and  contingent  office  expenses,  inspectors. 
a    sum    not    exceeding    seventy-four    hundred    and    eighty  services. 
dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  10,  1911. 


An  Act  to  authorize  the  town  of  amiierst  to  refund  (jjidj)  554 

certain  notes.  ^  * 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     For  the  purpose  of  paying  certain  outstand-  The  town  of 

•  •  •  1  11111  xiiiiiisrsL;  iiiiiy 

mg  notes  amounting  to  sixteen  thousand  dollars,  the  town  refund  cer- 
of  Amherst  is  hereby  authorized  to  borrow  the  said  sum 
and  to  issue  notes  or  bonds  therefor.  Such  notes  or  bonds 
shall  be  for  sixteen  hundred  dollars  each,  payable  one  each 
year  in  the  years  nineteen  hundred  and  twelve  to  nineteen 
hundred  and  twenty-one,  both  inclusive.  The  notes  or 
bonds  shall  be  signed  by  the  treasurer  and  countersigned 
by  the  selectmen,  or  by  a  majority  thereof,  and  shall  bear 
interest  not  exceeding  four  and  one  half  per  cent  per  annum. 
The  money  required  to  pay  the  interest  on  said  notes  or 
bonds  in  each  year,  and  that  part  of  the  principal  which 
becomes  due  in  that  year,  shall  be  raised  by  taxation  in  the 


780 


Acts,  1011.  —  Chap.  Oryr). 


same  manner  in  which  the  other  expenses  of  the  town  are 
provided  for. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Aijproved  July  lU,  1911. 


Protection 
of  iLc  public 
health  in  the 
valley  of  the 
Neponset 
river. 


Manner  in 
which  work 
shall  be  done 


Chap.C)55  An  Act  relative  to  the  protection  of  the  public  health 

IN  THE  valley  of  the  neponset  river. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  state  board  of  health  is  hereby  author- 
ized and  directed  to  expend  a  sum  not  exceeding  one  hun- 
dred and  fifty  thousand  dollars,  exclusive  of  damages  to 
land,  easements  and  rights  in  land,  in  constructing  neces- 
sary drains,  trenches  and  ditches,  and  in  dredging  and 
deepening  the  channel  of  the  Neponset  river  between  the 
place  where  the  river  is  crossed  by  Washington  street  in 
Walpole  and  tide  water,  and  within  said  limits  to  make 
changes  and  alterations  in  any  bridge,  dam  or  other  struc- 
ture over,  under  or  across  said  waters,  and  to  do  any  other 
work,  except  as  hereinafter  stated,  which  will  tend  to  restore 
the  lands  along  said  river  to  their  original  condition,  and  to 
abate  malaria  and  other  peril  to  the  public  health. 

The  work  herein  provided  for  shall  be  done  substantially 
in  accordance  with  the  plan  set  forth  in  the  report  made 
by  the  state  board  of  health  to  the  legislature  at  the  session 
of  eighteen  hundred  and  ninety-seven;  and  it  shall  extend 
over  three  years,  commencing  in  the  year  nineteen  hun- 
dred and  eleven,  and  one  third  of  said  work,  as  nearly  as 
may  be,  shall  be  done  each  year. 

Section  2.  If  any  person  or  corporation  shall  obtain  an 
additional  water  power  or  water  supply  in  consequence  of 
the  doing  of  the  work  herein  contemplated,  such  person 
or  corporation  shall  not  gain  any  prescriptive  right  to  the 
use  of  such  additional  water  power  or  water  supply,  or  be 
entitled  to  any  compensation  therefor  if  such  additional 
water  power  or  water  sui)})ly  shall  hereafter  be  taken  for 
public  use;  and  no  person  or  coi'i)oration,  in  the  event  of 
any  subsequent  taking  of  any  water  pt>wer  or  water  sup})ly, 
or  the  removal  of  any  dam  or  flashboards,  or  the  reducing 
or  lowering  of  the  height  of  any  dam,  or  changing  the  di- 
mensions thereof,  within  the  limits  aforesaid,  shall  be  entitled 
to  any  compensation  for  such  additional  water  pcnver  or 
water  siii)ply;  and  no  ])erson  or  corporation  shall  be  allowed 
hereafter  compensation  for  any   increased  value  to  his   or 


Prescriptive 
right  not 
to  be  gained. 


Acts,  1911.  — Ciiai>.  (555.  781 

its  land  or  pi'02:)erty,  in  case  the  said  land  or  other  property 
shall  be  taken  for  public  use,  if  the  increased  value  was 
derived  directly  from  the  work  done  under  this  act. 

Section  3.  The  said  board  may  take  in  the  name  of  JokUuf^Tf'^ 
the  conuuonwealth,  or  acquire  by  purchase  or  otherwise,  iJinds,  etc. 
and  hold  all  lands,  easements  and  rights  in  land  that  may 
be  necessary  to  effect  the  object  intended  by  this  act. 
Within  thirty  days  after  the  taking  of  any  land,  easements, 
or  rights  in  land,  the  board  shall  cause  to  be  recorded  in 
the  registry  of  deeds  for  the  county  of  Norfolk  a  certificate 
thereof  sufficiently  accurate  for  identification;  and  there- 
upon title  to  the  same  shall  vest  in  the  commonwealth. 

Section  4.  The  said  board  shall  make  return  to  the  Return, 
treasurer  of  the  commonwealth,  and  to  the  assessors  of  the 
towns  hereinafter  named,  of  the  number  of  acres  of  land 
benefited  by  the  work  done,  or  changes  made  under  this 
act.  The  return  to  the  assessors  shall  also  contain  the 
names  of  the  owners  or  occupants  of  the  land  benefited, 
so  far  as  they  can  be  ascertained,  and  the  number  of  acres 
belonging  to  or  occupied  by  said  owners  or  occupants; 
but  the  return  to  the  assessors  of  any  town  need  only  con- 
tain the  number  of  acres  and  the  names  of  the  owners  or 
occupants  of  said  land  in  that  town. 

Section  5.     The  total  expense  incurred  under  this  act  Payment  of 
shall,  in  the  first  instance,  be  paid  by  the  commonwealth; 
but  after  the  completion  of  the  work,  the  towns  and  the 
city  hereinafter  named  shall  repay  to  the  commonwealth 
one  half  of  said  expense. 

Section  6.  The  supreme  judicial  court  sitting  in  equity  Appointment 
shall,  upon  application  of  the  said  board  and  after  such  sioners^eTc. 
notice  as  it  may  order,  appoint  three  commissioners  who 
shall,  after  due  notice  and  hearing,  and  in  such  manner 
as  they  shall  deem  just  and  equitable,  determine  what 
proportion  of  one  half  of  the  total  expense  incurred  under 
this  act  shall  be  paid  by  the  towns  of  Sharon,  Stoughton, 
Walpole,  Norwood,  Canton,  Westwood,  Dedham,  Hyde 
Park  and  Milton,  and  the  city  of  Boston,  respectively, 
and  shall  return  their  award  into  said  court,  and  when  the 
same  has  been  accepted  by  the  court  it  shall  be  a  final  ad- 
judication of  all  matters  referred  to  said  commissioners, 
and  shall  be  binding  on  all  parties;  and  in  like  manner 
said  commissioners  shall  determine  and  file  their  award 
as  to  the  payment  of  the  cost  of  maintenance  of  the  chan- 
nels of  the  Neponset  river  and  the  works  or  structures  taken    . 


782 


Acts,  1911.  — Chap.  655. 


Apportion- 
ment of 
expense. 


Liability  for 

damages. 


Proviso. 


or  otherwise  acquired  in  connection  therewith,  and  determine 
the  proportion  in  which  said  towns  and  city,  or  any  of 
them,  shall  bear  the  same.  The  sum  thus  ascertained 
to  be  due  from  each  of  said  towns  and  from  said  city  to 
the  commonwealth  shall  be  paid  in  ten  annual  installments, 
and  each  installment  shall  annually  be  added  to  and  collected 
as  a  part  of  the  state  tax. 

Section  7.  The  assessors  of  each  of  said  towns  and 
of  said  city  shall  annually  divide  and  apportion  the  sum 
which  their  respective  municipalities  are  required  to  pay 
upon  the  land  benefited  as  hereinbefore  provided,  during 
each  of  the  said  ten  years,  in  proportion  to  the  benefit  re- 
ceived, but  no  apportionment  shall  be  made  that  exceeds 
the  special  benefit  received  by  the  estate  assessed;  and 
the  said  apportionment  shall  be  added  to  the  tax  assessed 
upon  said  lands,  and  shall  constitute  a  lien  thereon  to  the 
same  extent  and  for  the  same  time  that  taxes  assessed  are 
now  a  lien  upon  land  assessed;  and  the  payment  thereof 
shall  be  enforced  in  the  manner  provided  by  law  for  the 
collection  of  ordinary  taxes.  Any  land,  the  owners  or 
occupants  of  which  appear  by  the  board's  return  to  be 
unknown,  if  the  owners  or  occupants  are  unknown  to  the 
assessors  in  the  town  or  city  where  said  land  is  situated, 
shall  be  taxed  to  unknown  owners,  and  shall  be  a  valid  tax 
for  the  non-payment  of  which  the  land  may  be  sold  in  the 
same  manner  that  land  may  now  be  sold  for  the  non-pay- 
ment of  taxes.  Any  person  or  corporation  assessed  for 
taxes  under  this  act  may  apply  for  an  abatement  thereof, 
and  shall  have  the  rights  and  be  subject  to  the  liabilities 
pertaining  to  persons  and  corporations  taxed  under  the 
laws  of  the  commonwealth. 

Section  8.  The  commonwealth  shall  be  liable  for  all 
damages  to  property  sustained  by  any  person  or  corpora- 
tion by  the  taking  of  any  land,  easements  or  rights  in  land 
under  authority  hereof,  and  any  such  person  or  corporation 
failing  to  agree  with  said  board  as  to  the  amount  of  dam- 
ages sustained  may  have  the  same  determined  in  the  manner 
established  bv  law  in  the  case  of  land  taken  for  the  laving 
out  of  highways:  irrovided,  that  application  therefor  is  made 
within  two  years  after  the  taking  or  the  doing  of  any  other 
act  herein  authorized.  ^Yhen  a  certificate  is  filed  as  herein 
I)r()vi(led  the  said  board  shall,  within  ten  days  thereafter, 
notify  by  mail  any  owners  or  occupants  so  far  as  they  are 
known  to  said  board,  of  property  taken  or  atlected  by  the 


Acts,  1911.  — Chap.  6[^6.  783 

act  of  said  board,  and  shall  keep  a  record  of  such  notification, 
which  record  shall  be  conclusive  of  the  fact.  The  certifi- 
cate herein  mentioned  shall  be  signed  by  the  chairman  of 
the  state  board  of  health. 

Section  9.  To  meet  that  part  of  the  expenses  incurred  ^0^^^'^^°^ 
under  this  act  which  is  not  hereinbefore  provided  for,  the  general  to 
treasurer  and  receiver  general  is  hereby  authorized,  with  etc. 
the  approval  of  the  governor  and  council,  to  issue  scrip  or 
certificates  of  indebtedness  to  an  amount  not  exceeding 
seventy-five  thousand  dollars,  as  an  addition  to  the  amounts 
already  authorized  under  the  provisions  of  chapter  four 
hundred  and  seven  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-three  and  acts  in  addition  thereto  and  in  amend- 
ment thereof,  and  as  a  part  of  the  metropolitan  parks  loan, 
and  subject  to  the  provisions  thereof.  Such  scrip  or  cer- 
tificates of  indebtedness  shall  be  issued  as  registered  bonds, 
payable  in  not  more  than  twenty  years  from  the  dates  of 
issue,  and  shall  bear  interest  at  a  rate  not  exceeding  four 
per  cent  per  annum,  payable  semi-annually  on  the  first  days 
of  January  and  July  of  each  year. 

Section  10.     The  sum  of  five  thousand  dollars  is  hereby  Payment  of 
appropriated  for  damages  arising  under  this  act,  caused  by 
the  taking  of  land,  easements  or  rights  in  land. 

Section  11.     Nothing  herein  contained  shall  be  construed  ^crtlina°ts°^ 
to  affect  the  provisions  of  chapter  five  hundred  and  forty-one  °ot  affected. 
of  the  acts  of  the  year  nineteen  hundred  and  two,  or  the 
provisions  of  chapter  three  hundred  and  sixty  of  the  acts  of 
the  year  nineteen  hundred  and  six. 

Section  12.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  11,  1911. 


An  Act  relative  to  licensing  operators  of  hoisting 
machinery  when  the  motive  power  is  mechanical 
and  other  than  steam. 


Chap.G56 


Be  it  enacted,  etc.,  as  follows: 

Section  1.    No  person  shall  operate  derricks,  cableways.  Licensing  of 
machinery  used  for  discharging  cargoes,  temporary  elevator  hofs't1n°g"n?a- 
cars  used  on  excavation  work  or  used  for  hoisting  building  <=^'°''''y'  ^^''■ 
material,  when  the  motive  power  to  operate  such  machinery 
is  mechanical  and  other  than  steam,  unless  he  holds  a  license 
as   hereinafter  provided.     The   owner  or  user  of   hoisting 
machinery  specified  in  this  section  shall  not  operate,   or 


784 


Acts,  1011.  — Chap.  656. 


Operation  of 
machinery. 


State  in- 
spec'tors  of 
boilers  to 
issue  licenses, 
etc. 


Appeal. 


cause  to  be  operated,  such  machinery  for  a  period  of  more  than 
one  week,  unless  the  person  optyating  it  is  duly  licensed. 

Section  2.  The  owner  of  hoisting  machinery  specified  in 
this  act  shall  not  operate  or  cause  to  be  operated  according 
to  the  provisions  of  this  act  such  hoisting  machinery  for  a 
period  of  more  than  one  week,  unless  the  person  in  charge  of 
and  operating  such  hoisting  machinery  is  duly  licensed. 

Section  3.  Whoever  desires  to  act  as  operator  of  hoisting 
machinery,  as  specified  in  section  one  of  this  act,  shall  aj)ply 
for  a  license  therefor  to  the  state  inspector  of  boilers  for  the 
city  or  town  in  which  he  resides  or  is  employed,  upon  blanks 
to  be  furnished  by  the  boiler  inspection  department  of  the 
district  police.  The  application  shall  be  accompanied  by 
a  fee  of  one  dollar,  and  shall  show  the  total  experience  of  the 
applicant  in  operating  hoisting  machinery.  The  applicant 
shall  make  oath  to  the  statements  contained  in  his  application, 
and  the  members  of  the  boiler  inspection  department  of  the 
district  police  are  hereby  authorized  to  administer  said  oath. 
Wilful  falsification  in  the  matter  of  statements  contained  in 
an  application  shall  be  deemed  sufficient  cause  for  the  rexo- 
cation  of  said  license  at  any  time.  The  applicant  shall  be 
given  a  practical  examination  by  a  member  of  the  boiler 
inspection  department  of  the  district  police,  and,  if  found 
competent  and  trustworthy,  he  shall  receive  a  license  to 
operate  hoisting  machinery,  as  specified  in  section  one  of 
this  act.  The  applicant  shall  have  the  privilege  of  having 
one  person  present  during  his  examination,  who  shall  take 
no  part  in  the  same,  but  w^ho  may  take  notes  if  he  so  desires. 
A  period  of  ninety  days  shall  elapse  between  examinations, 
except  in  the  case  of  an  appeal  as  hereinafter  pro^•ided.  A 
license  shall  continue  in  force  until  it  is  suspended  or  revoked 
for  the  incompetence  or  untrustworthiness  of  the  licensee. 
If  a  license  is  lost,  or  is  destroyed  by  fire  or  other  means,  a 
new  license  shall  be  issued  in  its  place,  without  re-examination 
of  the  licensee,  upon  satisfactory  proof  to  an  examiner  of 
such  loss  or  destruction. 

Section  4.  A  person  who  is  aggrieved  by  the  action  of 
an  examiner  in  refusing,  suspending  or  revoking  a  license, 
may  appeal  therefrom  to  the  chief  inspector  of  the  boiler 
inspection  department  of  the  district  police,  who  shall  appoint 
tliree  members  of  the  boiler  ins])ecti()n  department  to  act 
together  as  a  board  of  a])peal,  one  of  whom  may  be  said, 
chief  insyiector.  If  ajjpeal  is  taken,  it  must  be  within  one 
week  after  the  decision  of  the  examiner.     The  ai)pellant 


Acts,  1911.  — Chap.  657.  785 


shall  have  the  privilege  of  having  one  person  present  during 
the  hearing  of  his  appeal,  who  shall  take  no  part  in  the  same, 
but  who  may  take  notes  if  he  so  desires.  The  decision  of 
the  majority  of  such  examiners,  acting  as  a  board  of  appeal, 
shall  be  final. 

Section  5.    An   operator's    license,    granted   under   the  License  to  be 
provisions  of  this  act,  shall  be  carried  on  the  person  of  the  person  o" 
holder  thereof  when  operating  hoisting  machinery  as  specified  *^^'®  i^°i«^«''- 
in  section  one  of  this  act. 

Section  6.  The  boiler  inspection  department  of  the  Examiners. 
district  police  shall  act  as  examiners  and  enforce  the  pro- 
visions of  this  act;  and  whoever  violates  any  of  the  provisions 
of  this  act  shall  be  punished  by  a  fine  of  not  less  than  ten 
nor  more  than  three  hundred  dollars,  or  by  imprisonment 
for  not  more  than  three  months.  A  trial  justice  shall  have 
jurisdiction  of  complaints  for  violations  of  the  provisions  of 
this  act,  and  in  such  cases  may  impose  a  fine  of  not  more 
than  fifty  dollars.  All  members  of  the  boiler  inspection 
department  of  the  district  police  shall  have  authority,  in 
the  pursuance  of  their  duty,  to  enter  any  premises  having 
thereon  hoisting  machinery,  as  specified  in  section  one  of 
this  act;  and  any  person  who  hinders  or  prevents,  or  at- 
tempts to  prevent,  any  state  boiler  inspector  from  so  entering, 
shall  be  liable  to  the  penalty  specified  in  this  section. 

Section  7.     This  act  shall  take  efi^ect  on  the  first  day  of  ^^^^etTect 
September  in  the  year  nineteen  hundred  and  eleven. 

Approved  July  11,  1911. 

An  Act  to  authorize  the  fire  district  in  the  town  of  (JJifiy  057 

LEE   TO   incur   INDEBTEDNESS   TO   BUILD    A   NEW   FIRE   EN- 
GINE  HOUSE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  fire  district  In  the  town  of  Lee,  for  Lee  Fire 
the  purpose  of  constructing  a  new  fire  engine  house  in  said  Engine  House 
district   and   of  paying  the   necessary   expenses   connected  ^^^'^'^^"^ 
therewith,   may  issue  from  time  to  time  notes  or  bonds 
of  the  district  to  an  amount  not  exceeding  twelve  thousand 
dollars.     Such  notes  or  bonds  shall  bear  on  their  face  the 
words,  Lee  Fire  District  Engine  House  Loan,  Act  of  1911; 
shall   be   payable  within  twelve  years  from  the  dates   of 
issue,  one  thousand  dollars  to  be  payable  each  year;    shall 
bear  interest,  payable  semi-annually,  at  a  rate  not  exceed- 
ing four  and  one  half  per  cent  per  annum;    and  shall  be 


786  Acts,.  1911.  — CuArs.  658,  659. 

signed  by  the  treasurer  of  the  district  and  countersigned 
by  the  prudential  committee  or  a  majority  thereof.  Said 
district  may  sell  tlie  said  securities  at  public  or  private 
sale,  upon  such  terms  and  conditions  as  it  may  deem  proper; 
but  they  shall  not  be  sold  for  less  than  their  par  value. 
Payment  of  Section  2.     The  said  fire  district,  at  the  time  of  author- 

izing the  said  loan,  shall  provide  for  the  payment  thereof 
so  as  to  extinguish  the  same  within  the  time  prescribed  herein; 
and  a  sum  which  will  be  sufficient  to  pay  the  interest  as  it 
accrues  on  the  notes  or  bonds  issued  as  aforesaid,  and  to 
make  such  payments  on  the  principal  as  may  be  required 
under  the  provisions  of  this  act,  shall,  without  further 
vote,  be  assessed  by  the  assessors  of  the  town  of  Lee  and 
collected  each  year  in  the  same  manner  in  which  other  taxes 
are  assessed  and  collected,  under  the  provisions  of  section 
sixty-three  of  chapter  thirty-two  of  the  Revised  Laws,  until 
the  debt  incurred  by  the  said  loan  is  extinguished. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  12,  1011. 

Cha2).GoS  An  Act  to  authorize  the  middleborough  fire  district 

TO    SUPPLY    THE    INHABITANTS    OF    FALL    BROOK    VILLAGE 
IN  THE  TOWN  OF  MIDDLEBOROUGH  WITH  WATER. 

Be  it  enacted,  etc.,  as  follows: 

^^ter  supply         Section  1.     The  Middleborough  Fire  District,  incorpo- 

Brooic  Village     rated  by  chapter  fifty-nine  of  the  acts  of  the  year  eighteen 

ough.  hundred  and  eighty-four,  is  hereby  authorized  to  supply 

the  inhabitants  of  Fall  Brook  village  in  the  said  town,  li\ing 

in  Wareham  street,  between  Wood  street  and  Fall  Brook, 

so-called,  and  in  Cherry  street,  between  Sachem  street  and 

Grove  street,  with  water  for  domestic  purposes  and  for  the 

extinguishment   of   fires.     The   provisions   of   said   chapter 

fifty-nine,  so  far  as  they  may  be  applicable,  shall  apply  to  the 

proceedings  of  the  said  fire  district  under  authority  hereof. 

Section  2.    This  act  shall  take  eft'ect  upon  its  passage. 

Approved  Jidy  12,  1011. 

Chajy.ij^d  An  Act  making  an  appropriation  for  the  care  and 

MAINTENANCE  OF  THE  NANTASKET  BEACH  RESERVATION 
BY  THE  METROPOLITAN  PARK  COMMISSION. 

Be  it  enacted,  etc.,  as  follows: 
Appropriatioa        SECTION  1.     The  suui  of  twcuty-six  tliousaud  five  hun- 
Nuiiuiaket        (jr^jj  dollars  is  hereby  appropriated,  to  be  paid  out  of  the 


Acts,  1911.  — Chats.  660,  661.  787 


beach 
reservation. 


Metropolitan  Park  System,  Nantasket,  Maintenance  Fund, 
for  the  care  and  maintenance  of  the  Nantasket  beach  by  the 
metropoHtan  park  commission  during  the  fiscal  year  ending 
on  the  thirtieth  day  of  November,  nineteen  hundred  and 
eleven,  this  amount  to  be  reimbursed  to  the  commonwealth 
by  the  cities  and  towns  in  the  metropolitan  district  in  ac- 
cordance with  the  provisions  of  chapter  four  hundred  and 
sixty-four  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-nine. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  12,  1911. 

An  Act  making  an  appropriation  for  the  care  and  (jjin^^  {^(\r\ 

MAINTENANCE  OF  BOULEVARDS  AND  PARKWAYS  IN  CHARGE  ^  * 

OF  THE  METROPOLITAN   PARK  COMMISSION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     A  sum  not  exceeding  one  hundred  eighty-  Appropriation 
nine   thousand   four   hundred   and   eighty-three   dollars   is  o'fVo'liyvarda 
hereby  appropriated,  for  the  care  and  maintenance  of  boule-  ^""^  parkways. 
Yards  and  parkways  in  charge  of  the  metropolitan  park 
commission  during  the  fiscal  year  ending  on  the  thirtieth 
day  of  November,  nineteen  hundred  and  eleven,  one  half 
of  this  amount  to  be  paid  out  of  the  current  revenue,  and  the 
other  half  to  be  assessed  upon  the  metropolitan  district, 
as  authorized  by  chapter  four  hundred  and  nineteen  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-nine. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  Jidy  12,  1911. 

An  Act  making  an  appropriation  for  the  care  of  reser-  (^/^^^^  qqi 
vations    under   the   control   of   the   metropolitan 
park  commission. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  A  sum  not  exceeding  three  hundred  forty-  Appropriation 
five  thousand  five  hundred  ninety-seven  dollars  and  ninety-  /eLrvltloM." 
six  cents  is  hereby  appropriated,  to  be  paid  out  of  the 
Metropolitan  Parks  Maintenance  Fund,  for  the  main- 
tenance of  reservations  by  the  metropolitan  park  com- 
mission during  the  fiscal  year  ending  on  the  thirtieth  day 
of  November,  nineteen  hundred  and  eleven,  as  authorized 
by  chapter  four  hundred  and  nineteen  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-nine. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  12,  1911. 


788 


Acts,  1911.  —  Ciiaps.  662,  663. 


Chap.6(j2  An  Act  making  appropriations  for  the  maintenance 

OF  THE  MASSACHUSETTS  HOSPITAL  SCHOOL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appro- 
priated to  be  paid  for  the  maintenance  of  the  Massachusetts 
hospital  school  for  the  fiscal  year  ending  on  the  thirtieth 
day  of  November,  nineteen  hundred  and  eleven,  to  wit:  — 

From  the  receipts  of  said  school  now  in  the  treasury  of 
the  commonwealth,  the  sum  of  twenty-four  thousand  three 
hundred  eighty  dollars  and  fifty-one  cents;  and  from  the 
treasury  of  the  commonwealth  from  the  ordinary  revenue, 
a  sum  not  exceeding  thirty-eight  thousand  two  hundred 
nineteen  dollars  and  forty-nine  cents. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  Jidy  12,  1911. 


Appropria- 
tions. 


Massachusetts 

liospital 

school. 


Chap.(d(Jo 


Appropria- 
tions. 


Adjutant 
general. 

Assistant 
adjutant  gen- 
eral. 

Clerks. 


Messenger. 


Clerical 
ussiutanco. 

Incidental 
cxijenses. 


Military 
uccouiita. 


An  Act  making  appropriations  for  salaries  and  ex- 
penses IN  THE  department  OF  THE  ADJUTANT  GENERAL, 
AND   FOR  SUNDRY  MILITARY   EXPENSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinaiter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  salaries  and  expenses  in  the 
department  of  the  adjutant  general,  and  for  sundry  military 
expenses,  for  the  fiscal  year  ending  on  the  thirtieth  day 
of  November,  nineteen  hundred  and  eleven,  to  wit:  — 

For  the  salary  of  the  adjutant  general,  thirty-six  hundred 
dollars. 

For  the  salary  of  the  assistant  adjutant  general,  eighteen 
hundred  dollars. 

For  the  salaries  of  four  clerks  in  his  department,  seven 
thousand  dollars. 

For  the  salary  of  a  messenger  in  his  department,  eight 
hundred  dollars. 

For  additional  clerical  assistance,  a  sum  not  exceeding 
sixty-six  hundred  and  forty  dollars. 

For  incidental  and  contingent  office  expenses,  inchiding 
the  printing  and  binding  of  the  annual  report,  a  sum  not 
exceeding  six  thousand  dollars. 

For  expenses  in  connection  with  military  accounts  not 
otlierwise  provided  for,  a  sum  not  exceeding  six  thousand 
dollars. 


Acts,  1911.  — Chap.  664.  789 

For  compensation  of  officers  and  men  of  the  volunteer  Compensation 

•!•,•  ,  1-  1  I        1  1       •    i  of  the  militia. 

militia,  a  smn  not  exceeclmg  one  hundred  and  sixty-seven 
thousand  dollars. 

For  the  transportation  of  officers  and  men  of  the  vol-  Transporta- 

...    .  ,  .,.  ,.  tion  of  officers. 

unteer  militia,  when  on  military  duty,  a  sum  not  exceeding 
twenty-five  thousand  dollars. 

For  expenses  in  connection  with  the  rifle  practice  of  the  Rifle  practice, 
militia,  a  sum  not  exceeding  twenty-five  thousand  five  hun- 
dred dollars. 

For  an  allowance  to  commissioned  officers  of  the  vol-  Purchase  of 

....  ,       ,  ,  »  .p  uniforms. 

unteer  militia  toward  the  purchase  oi  umiorms,  a  sum  not 
exceeding  eighteen  thousand  dollars. 

For  allowance  to  officers  of  the  volunteer  militia  for  the  careof 
care  and  responsibility  of  property,  a  sum  not  exceeding  proper'ty. 
sixtv-one  hundred  and  fiftv  dollars. 

For  allowance  and  repair  of  clothing  of  the  volunteer  clothing. 
militia,  a  sum  not  exceeding  thirteen  thousand  four  hun- 
dred and  forty-four  dollars. 

For  allowance  to   headquarters   and   companies,   a  sum  Headquarters. 
not  exceeding  thirty-eight  hundred  and  thirty  dollars. 

For  services  of  company  armorers,  a  sum  not  exceeding  company 
twelve  thousand  five  hundred  dollars.  armorers. 

For  furnishing,  repair  and  care  of  any  United  States  ship  ship  used  by 
loaned  to  the  commonwealth  for  the  use  of  the  naval  militia,  militiaT'* 
a  sum  not  exceeding  eleven  thousand  five  hundred  dollars. 

For    giving    instruction    in    riding    to    non-commissioned  [^  rfd^^*'"" 
officers  and  others  who  are  required  by  law  to  be  mounted, 
a  sum  not  exceeding  six  thousand  dollars. 

For  instruction  in  militarv  authoritv,  organization  and  i°stru.ct'on 

...  .  I'll"  p  '^      •!•  "^  military 

administration  and  in  the  elements  of  military  art,  a  sum  authority. 
not  exceeding  four  thousand  dollars. 

For  the  payment  of  claims  for  the  death  of,  or  injuries  Claims  for 
to,  horses  used  by  the  militia,  a  sum  not  exceeding  twenty-  horses." 
five  hundred  dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  12,  1911. 


Cha2).664: 


An  Act  making  appropriations  for  salaries  and  ex- 
penses OF  THE  LAND  COURT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropriation. 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth  '^°*^  '^^*^' 
from  the  ordinary  revenue,  for  the  court  of  land  registra- 


Recorder. 


Clerical 

assistance 


790  Acts,  1911.  —  Ciiaps.  m5,  6m. 

tion,  for  the  fiscal  year  ending  on  the  thirtieth  day  of  No- 
vember, nineteen  hundred  and  eleven,  to  wit:  — 
•'"'^s®-  For  the  salary  of  the  judge  of  the  court,  six  thousand 

dollars. 
Associate  YoT  the  Salary  of  the  associate  judge  of  the  court,  six 

thousand  dollars. 

For  the  salary  of  the  recorder  of  the  court,  forty-five 
hundred  dollars. 

For  clerical  assistance  in  the  office  of  the  court,  a  sum 
not  exceeding  eighty-five  hundred  dollars. 
fel7!etc.  ^^^  sheriffs'  fees,  advertising,  surveying,  examination  of 

titles  and  sundry  incidental  expenses  of  the  court,  a  sum 
not  exceeding  twenty-eight  thousand  dollars. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  12,  1911. 

Chajj.GG^  An  Act  to  authorize  the  middleborough  fire  district 

TO  SUPPLY  THE  INHABITANTS  OF  WARRENTOWN  VILLAGE 
IN  THE  TOWN  OF  MIDDLEBOROUGH  WITH  WATER. 

Be  it  enacted,  etc.,  as  follows: 

WatM-^suppiy  Section  1.  The  Middleborough  Fire  District,  incorpo- 
town  Village  in  rated  by  chapter  fifty-nine  of  the  acts  of  the  year  eighteen 
"  hundred  and  eighty-four,  is  hereby  authorized  to  supply 
the  inhabitants  of  Warrentown  village,  in  said  town,  living 
on  Nemasket  street,  between  the  Nemasket  river  and  Pl\Tn- 
outh  street,  on  Plymouth  street,  from  Nemasket  street 
northerly  to  the  Nemasket  river,  and  on  Summer  street, 
from  its  junction  with  Plymouth  street,  northerly  a  dis- 
tance of  one  half  a  mile,  with  water  for  domestic  purposes 
and  for  the  extinguishment  of  fires.  The  provisions  of  said 
chapter  fifty-nine,  so  far  as  they  may  be  applicable,  shall 
apply  to  the  proceedings  of  the  said  fire  district  under  au- 
thority hereof. 

Section  2,    This  act  shall  take  effect  upon  its  passage. 

Approved  Jidy  12,  1911. 

Chap.(Sm  An  Act  to   authorize  the   county  commissioners   of 

the  county  of  PLYMOUTH  TO  EXPEND  CERTAIN  SUMS 
IN  COMPLETING  AND  FURNISHING  CERTAIN  BUILDINGS  IN 
THE  TOWN  OF  PLYMOUTH. 

Be  it  enacted,  etc.,  as  follows: 
CompietinK  SECTION  1.     For  the  purposc  of  completing  and  furnish- 

aml  furmsluug     .  ,  .    .,  ,     ,  p  •  i  i  i      -i   i- 

certain  nig  thc  jail  aiid  house  oi  correction  and  other  buiicnngs 


Acts,  1911.  — Chaps.  667,  668,  669.  791 

mentioned  in  section  one  of  chapter  one  hundred  and  ninety-  buildings  for 
nine  of  the  acts  of  the  year  nineteen  hundred  and  ten,  the  piymou'th^" 
county  commissioners  of  tlie  county  of  Plymouth  are  hereby 
authorized  to  expend,  to  an  amount  not  exceeding  fifteen 
thousand  dollars,  the  sums  received  by  them  from  the  sale 
of  land  and  buildings  belonging  to  the  county  in  the  said 
town. 

Section  2.     So  much  of  section  two  of  the  said  chapter  Repeal, 
one   hundred   and   ninety-nine  as  is  inconsistent  herewith 
is  hereby  repealed. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Apijroved  July  12,  1911. 

An  Act  relative  to  the  distribution  of  the  blue  book.  ClmP'^^^^ 
Be  it  enacted,  etc.,  as  follows: 

At  the  beginning  of  each  session  of  the  general  court  the  Distribution 
secretary  of  the  commonwealth  shall  furnish  each  member  book?  "^'"^ 
of  the  senate  and  house  of  representatives  with  a  copy  of 
the  blue  book ;  and  for  this  purpose  the  annual  edition  of  the 
blue  book  shall  be  increased  by  three  hundred  copies. 

Approved  July  12,  1911. 

An  Act  to  establish  minimum  salaries  of  judges  and  QJku)  ^68 
registers  of  probate  and  insolvency.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

The  minimum  annual  salaries  of  the  judge  and  register  salaries  of 
of  probate  and  insolvenc}^  for  any  county  other  than  Dukes  re^ilters  ol 
County  and  Nantucket  shall  be  eighteen  hundred  dollars  p"""'^^''*- ^tc 
for  the  judge  and  sixteen  hundred  dollars  for  the  register, 
to  be  so  allowed  from  the  first  day  of  January  in  the  year 
nineteen  hundred  and  eleven. 

( This  bill,  returned  by  the  governor  to  the  house  of  representa- 
tives, the  branch  in  which  it  originated,  with  his  objections  thereto, 
was  parsed  by  the  house  of  representatives  Jidy  12,  and,  in  con- 
currence, by  the  senate  July  12,  the  objections  of  the  governor 
notwitlistandinq,  in  the  manner  prescribed  by  the  Constitution; 
and  thereby  has  the  ^^ force  of  a  law".) 

An  Act  relative  to  legal  settlements.  Char)  669 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Legal  settlements  may  be  acquired  in  any  Acquirement 
city  or  town  in  the  following  manner  and  not  otherwise :  —    settlements 


792  Acts,  1911.  — Chap.  GG9. 

onlKaf™'^'^*  First,  Any  man  or  woman,  including  a  married  woman 
settlements.  wliose  liusband  has  no  settlement  within  the  commonwealth, 
of  the  age  of  twenty-one  years,  who  hereafter  resides  in 
any  city  or  town  within  this  commonwealth  for  five  con- 
secutive years,  shall  thereby  acquire  a  settlement  in  such 
place. 

Second,  A  married  woman  shall  follow  and  have  the 
settlement  of  her  husband  if  he  has  any  within  the  com- 
monwealth; otherwise,  she  shall  retain  her  own  at  the  time 
of  marriage  if  she  then  had  any. 

Third,  Legitimate  children  shall  follow  and  have  the 
settlement  of  their  father  if  he  has  any  within  the  com- 
monwealth; otherwise,  they  shall  follow  and  have  the 
settlement  of  their  mother  if  she  has  any;  if  the  father 
dies  during  the  minority  of  his  children  they  shall  there- 
after follow  and  have  the  settlement  of  their  mother;  in 
the  event  of  the  divorce  of  the  parents  the  minor  children 
shall  follow  and  have  the  settlement  of  the  parent  to  whom 
the  court  awards  the  custody  of  said  minor  children. 

Fourth,  Illegitimate  children  shall  follow  and  have  the 
settlement  of  their  mother  if  she  has  any  within  the  com- 
monwealth. 

Fifth,  A  person  who  enlisted  and  was  mustered  into  the 
military  or  naval  service  of  the  United  States,  as  a  part  of 
the  quota  of  a  city  or  town  in  this  commonwealth  under 
any  call  of  the  president  of  the  United  States  during  the 
war  of  the  rebellion,  or  who  was  assigned  as  a  part  of  the 
quota  thereof  after  having  enlisted  and  been  mustered  into 
said  service,  and  who  served  for  not  less  than  one  year,  or 
who  died  or  became  disabled  from  wounds  or  disease  re- 
ceived or  contracted  while  engaged  in  such  service,  or  while 
a  prisoner  of  the  enemy,  and  his  wife  or  widow  and  minor 
children  shall  be  deemed  thereby  to  have  acquired  a  settle- 
ment in  such  place;  and  any  person  who  ^^'ould  otherwise 
be  entitled  to  a  settlement  under  this  clause,  but  who  was 
not  a  part  of  the  quota  of  any  city  or  town,  shall,  if  he 
served  as  a  part  of  the  quota  of  the  commonwealth,  be 
deemed  to  have  acquired  a  settlement  in  the  place  where 
he  actually  resided  at  the  time  of  his  enlistment.  But 
these  provisions  shall  not  apply  to  any  person  who  enlisted 
and  received  a  bounty  for  such  enlistment  in  more  than 
one  place  unless  the  second  enlistment  was  made  after  an 
honorable  discharge  from  the  first  term  of  sor\ice,  nor  to 
any  person  who  has  been  proved  guilty  of  wilful  desertion, 


Acts,  1911.  — Chap.  GG9.  793 

or  who  left  the  service  otherwise  than  by  reason  of  disa-  Acquirement 
bihty  or  an  honorable  discharge.  setSents. 

Sixth,  Upon  the  division  of  a  city  or  town,  every  person 
having  a  legal  settlement  therein,  biit  being  absent  at  the 
time  of  such  division,  and  not  having  acquired  a  legal  set- 
tlement elsewhere,  shall  have  his  legal  settlement  in  the 
city  or  town  containing  the  last  dwelling  place  or  home 
which  he  had  in  the  city  or  town  so  divided;  and,  if  a  new 
city  or  town,  composed  of  a  part  of  one  or  more  other  cities 
or  towns,  is  incorporated,  every  person  legally  settled  in 
any  of  the  places  of  which  such  new  city  or  town  is  so  com- 
posed, and  who  actually  dwells  and  has  his  home  within 
the  bounds  of  such  new  city  or  town  at  the  time  of  its  in- 
corporation, and  any  person  duly  qualified  as  provided  in 
the  fifth  clause  of  this  section,  who,  at  the  time  of  his  enlist- 
ment, dwelt  and  had  his  home  within  such  bounds,  shall 
thereby  acquire  a  legal  settlement  in  such  new  city  or  town; 
but  no  person  residing  in  that  part  of  a  city  or  town  which 
upon  such  division  is  incorporated  into  a  new  city  or  town, 
and  who  then  has  no  legal  settlement  therein,  shall  acquire 
any  by  force  of  the  incorporation  only;  nor  shall  such  incor- 
poration prevent  his  acquiring  a  settlement  therein  within 
the  time  and  by  the  means  by  which  he  would  have  gained 
it  there  if  no  such  division  had  been  made. 

Section  2.     No   person   shall   acquire   a   settlement,   or  Persons 
be   in   process   of   acquiring   a   settlement,   while   receiving  refe7as° 
relief  as  a  pauper,  unless,  within  two  years  after  the  time  fo  acquire"* 
of  receiving  such  relief,  he  tenders  reimbursement  of  the  settlement, 

unless     PlC* 

cost  thereof  to  the  commonwealth,  or  to  the  city  or  town 
furnishing  the  same. 

Section  3.     No  person  who  actually  supports  himself  and  Certain 
his  family  shall  be  deemed  to  be  a  pauper  by  reason  of  the  to  be  deemed 
commitment  of  his  wife,  child  or  other  relative  to  an  insane 
hospital  or  other  institution  of  charity,  reform  or  correc- 
tion by  order  of  a  court  or  magistrate,  and  of  his  inability 
to  maintain  the  wife,  child  or  relative  therein. 

Section  4.     A  person  who,  after  the  passage  of  this  act,  Loss  of 

•         1  ,     p         n  ,'  p  ,i*i  .  settlement. 

IS  absent  tor  live  consecutive  years  from  the  city  or  town 
in  which  he  had  a  settlement  shall  thereby  lose  his  settle- 
ment. But  the  time  during  which  a  person  shall  have  been 
an  inmate  of  any  public  hospital,  public  sanatorium,  alms- 
house, jail,  prison,  or  other  public  institution,  within  the 
commonwealth,  or  of  a  soldiers'  or  sailors'  home  whether 
within  or  without  the  commonwealth,  shall  not  be  counted 


79i 


Acts,  1911.  — Chap.  670. 


Existing 
settlements 
to  continue 
in  force  until, 
etc. 


A  settlement 
not  fully 
acquired  to 
be  defeated  by 
this  act. 


Repeal. 


in  computing  the  time  either  for  acquiring  or  for  losing  a 
settlement,  except  as  provided  in  section  two. 

Section  5.  All  existing  settlements  shall  continue  in 
force  until  changed  or  defeated  by  the  provisions  of  this 
act,  and  no  person  who  has  begun  to  acquire  a  settlement 
by  the  laws  in  force  at  and  before  the  time  when  this  act 
takes  effect,  in  any  of  the  ways  in  which  any  period  of 
time  is  prescribed  for  a  residence  or  for  the  continuance 
or  succession  of  any  other  act,  shall  be  prevented  or  delayed 
by  the  provisions  hereof,  but  he  shall  acquire  a  settlement 
by  a  continuance  or  succession  of  the  same  residence  or 
other  act,  in  the  same  time  and  manner  as  if  the  former 
laws  had  continued  in  force. 

Section  6.  Any  settlement  which  was  not  fully  acquired 
subsequent  to  the  first  day  of  May  in  the  year  eighteen 
hundred  and  sixty  is  hereby  defeated  and  lost,  unless  such 
settlement  prevented  a  subsequent  acquisition  of  settle- 
ment in  the  same  place;  but  if  a  settlement  acquired  by 
marriage  is  so  defeated,  thv  former  settlement  of  the  wUe, 
if  not  also  so  defeated,  shall  be  revived. 

Section  7.  Chapter  eighty  of  the  Revised  Laws  is  hereby 
repealed.  Ay  proved  July  13,  1911. 


1908,  604,  §  22, 
amended. 


Chap.GlO  An  Act  relative  to  the  increase  of  the  headquarters 

STAFF    AND    ENGINEER    DIVISION    OF    THE    NAVAL    BRIGADE 
OF  THE   MILITIA. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Section  twenty-tv/o  of  chapter  six  hundred 
and  four  of  the  acts  of  the  year  nineteen  hundred  and  eight 
is  hereby  amended  by  striking  out  the  word  "division", 
in  the  second  and  third  lines,  and  inserting  in  place  thereof 
the  words:  —  battalion  of  two  divisions,  —  by  striking  out 
the  words  "who  shall  be  chief  of",  in  the  tenth  and  eleventh 
lines,  and  inserting  in  place  thereof  the  word:  —  command- 
ing, —  by  striking  out  the  word  "two",  in  the  twelfth  line, 
and  inserting  in  i)lace  thereof  the  word:  —  three,  —  by 
inserting  after  the  words  "staff  of  infantry",  in  the  thirty- 
fifth  line,  the  words:  —  There  shall  also  be  attached  to  the 
headquarters  of  the  naval  brigade  twelve  enlisted  men  of 
the  commissary  and  messmen  branches  with  such  ratings 
as  the  commander-in-chief  may  prescribe.  The  brigade 
commander  shall  be  the  recruiting  oflicer  for  these  men  as 
for  petty  staff  olhcers,  —  by  striking  out  the  word  "the". 


Acts,  1911.  — Chap.  670.  795 

in  the  sixty-third  Hne,  and  inserting  in  place  thereof  the 
word:  —  an,  —  and   by   striking   out   the   words    "fifty-six 
and  the  minimum  forty-one",  in  the  sixty-ninth  and  seven- 
tieth Hnes,  and  inserting  in  place  thereof  the  words:  —  eighty 
and  the  minimum  fifty-five,  —  so  as  to  read  as  follows:  — 
Section  22.     The  naval  brigade  shall   consist  of  two  bat-  Naval  brigade, 
talions  of  four  companies  each,  and  an  engineer  battalion 
of  two  divisions.     The  commander-in-chief  may  authorize 
the  formation  of  not  more  than  four  additional  companies, 
either  as  separate  companies,  or  in  either  or  both  of  the 
battalions  thereof,   or  as   a   separate   battalion,   and   may 
order  the  election  of  such  additional  officers  as  may  thereby 
be  rendered  necessary.     He  may  at  any  time  disband  any 
of  said  companies,  the  services  of  which  are  not  required. 
The  officers   of    the    naval   brigade   shall    be   one    captain, 
commanding    brigade,    with    rank    and    pay    corresponding 
to  those  of  a  colonel  of  infantry;    three  lieutenant  com- 
manders, who  shall  be  chiefs  of  battalion,  with  rank  and 
pay  corresponding  to  those  of  a  major  of  infantry;   a  staff, 
consisting  of  a  surgeon,  a  brigade  adjutant,  an  ordnance 
officer,  who  shall  act  as  inspector  of  small  arms  practice, 
an  equipment  officer,  a  paymaster,  who  shall  be  the  mus- 
tering officer  for  the  brigade,  a  signal  officer  and  an  assist- 
ant   surgeon.     The   commander-in-chief  may  appoint   and 
commission    an    assistant    paymaster    and    two    additional 
assistant  surgeons.     The  surgeon  shall  be  a  lieutenant  com- 
mander, with  rank  and  pay  corresponding  to  those  of  a 
major  of  infantry.     The  other  staff  officers,  except  the  signal 
officer,  shall  have  the  rank  of  lieutenants,  with  rank  and  pay 
corresponding  to  those  of  captains  of  infantry.     The  signal 
officer  shall  have  the  rank  of  lieutenant,  junior  grade,  with 
rank  and  pay  corresponding  to  those  of  first  lieutenants  of 
infantry.     The  following  petty  officers  shall  also  be  attached 
to  the  brigade  staff:    one  master-at-arms,  who  shall  be  the 
chief  petty  officer  of  the  brigade,  and  who  shall  have  rank  and 
pay  corresponding  to  those  of  a  sergeant  major  of  infantry; 
one  equipment  yeoman,  two  pa;v^Ilaster's  yeomen,  one  hos- 
pital steward,  one  chief  bugler  and  one  drum  major,  all  with 
rank  and  pay  corresponding  to  those  of  the  non-commissioned 
staff  of  infantry.     There  shall  also  be  attached  to  the  head- 
quarters of  the  naval  brigade  twelve  enlisted  men  of  the 
commissary  ajid  messmen  branches  with  such  ratings  as 
the  commander-in-chief  may  prescribe.     The  brigade  com- 
mander shall  be  the  recruiting  officer  for  these  men  as  for 


796  Acts,  1911.  — Ciiap.  670. 


etCc 


Naval  brigade,  petty  staff  officcrs.  To  each  company  of  the  naval  brigade 
there  shall  be  one  lieutenant,  who  shall  be  chief  of  company, 
one  lieutenant,  junior  grade,  and  one  ensign,  with  rank  and 
pay  corresponding  to  those  of  captains  and  first  and  second 
lieutenants  of  infantry,  respectively.  The  petty  officers 
and  seamen  of  each  company  of  the  naval  brigade  shall  be 
one  chief  petty  officer,  with  rank  and  pay  of  sergeant  major, 
not  more  than  six  petty  officers,  first  class,  with  rank  and  pay 
of  first  sergeants,  not  more  than  twelve  petty  officers,  first 
and  second  class,  the  petty  officers,  second  class,  to  have 
the  rank  and  pay  of  sergeants,  and  not  more  than  fifteen 
petty  officers,  first,  second  and  third  class,  combined;  petty 
officers,  third  class,  to  have  rank  and  pay  of  corporals;  the 
ratings  to  correspond  with  those  of  the  United  States  navy, 
and  to  be  confined  to  the  boatswain's  mate  service,  gunner's 
mate  service,  quartermaster's  service,  with  the  exception 
that  one  master-at-arms  and  one  yeoman  for  each  company 
may  be  appointed  at  the  discretion  of  the  company  com- 
mander. There  shall  also  be  a  hospital  apprentice,  who, 
with  one  bugler  and  one  cook,  first  class,  shall  be  in  addi- 
tion to  the  above,  and  shall  rank  as  seamen.  The  total 
enlisted  strength  of  a  company  shall  be  fifty-six  and  the 
minimum  forty-one.  In  appointing  petty  officers  of  the 
different  ratings  in  the  classes  above  provided  for,  there 
shall  be  not  less  than  five  in  the  boatswain's  mate  service, 
including  coxswains;  not  less  than  two  in  the  quarter- 
master's service;  not  less  than  two  in  the  gunner's  mate 
service. 

An  engineer  division  shall  consist  of  one  lieutenant, 
who  shall  be  chief  of  division,  one  lieutenant,  junior  grade, 
and  one  ensign,  with  rank  and  pay  corresponding  to  those 
of  company  officers  of  corresjionding  grade  in  the  naval 
brigade;  and  of  such  petty  officers  and  other  enlisted  men 
as  the  commander-in-chief  may  prescribe. 

The  total  enlisted  strength  shall  be  eighty  and  the  mini- 
mum fifty-five. 

The  engineer  division  shall  be  a  company,  subject  to 
all  the  provisions  of  this  act  applying  to  companies. 

The  enlisted  men  in  the  engineer's  division  shall  fulfil 
the  requirements  for  enlistment  in  the  volunteer  miUtia, 
and  shall  be  mechanics,  steam  fitters,  steam  engineers,  or 
firemen  of  such  experience  as  will  fit  them  for  their  several 
ratings. 


Acts,  1911.  — Chap.  671.  797 

The  seamen  shall  receive  the  same  pay  as  enlisted  men 
in  companies  of  infantry.  The  duty  of  the  naval  brigade 
may  be  performed  afloat. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Ajyproved  July  13,  1911. 

An  Act  making  appropriations  for  salaries  and  ex-  (JJk^ij  (yj\ 

PENSES  OF  THE  QUARTERMASTER  GENERAL  OF  THE  MILITIA 
AND  FOR  SUNDRY  ARMORY  EXPENSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth  *'°°'*' 
from  the  ordinary  revenue,  for  the  quartermaster  general's 
department  for  the  fiscal  year  ending  on  the  thirtieth  day 
of  November,  nineteen  hundred  and  eleven,  to  wit :  — 

For  the  salary  of  the  quartermaster  general,  a  sum  not  Quartermaster 
exceeding  twelve  hundred  dollars.  ^'^^'^'^^ ' 

For  the  salary  of  the  superintendent  of  armories,  eighteen  Superin- 
hundred  dollars.  armOT?ea°^ 

For  the  salaries   of  the   clerks,   seventy-seven   hundred  cierks. 
dollars. 

For  incidental  and  contingent  expenses,  a  sum  not  ex-  Expenses. 
ceeding  six  thousand  dollars. 

For  quartermasters'  supplies,  a  sum  not  exceeding  twelve  Quarter- 

,  I  1     1    II  masters' 

thousand  dollars.  supplies. 

For  maintenance  of  armories  of  the  first  class,  a  sum  not  Armories, 
exceeding  ninety-five  thousand  dollars. 

For  the  salaries  of  armorers  of  the  first  class,  a  sum  not  Armorers. 
exceeding  thirty-foiu'  thousand  dollars. 

For  rent  and  maintenance  of  armories  of  the  second  class.  Armories, 
a  sum  not  exceeding  eleven  thousand  seven  hundred  and  ^^'^^'^ '''^^^• 
fifty  dollars. 

For  rent  and  maintenance  of  armories  of  the  third  class.  Armories, 
a  sum  not  exceeding  seventy-six  hundred  and  fifty  dollars.    ^^"'^  ''^^^^' 

For  allowance  to  the  three  batteries  of  artillery  of  the  Batteries 
volunteer  militia,  twenty-four  hundred  dollars.  °  ^'^ '  ^'^" 

For  care  and  maintenance  of  the  camp  ground  and  build-  Campground, 
ings  at  Framingham,  a  sum  not  exceeding  four  thousand 
dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  13,  1911. 


798 


Acts,  1911.  —  CiiArs.  672,  673. 


Appropria- 
tious. 


Cliap.^l'^i  An  Act  making  appropriations  for  the  sal.\ry  and  ex- 
penses OF  THE  STATE  FORESTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  commonweahh 
from  the  ordinary  revenue,  for  the  state  forester's  depart- 
ment, for  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eleven,  to  wit :  — 

For  the  salary  of  the  state  forester,  five  thousand  dollars. 

For  clerical  assistance  and  incidental  and  contingent  ex- 
penses, a  sum  not  exceeding  ten  thousand  dollars. 

For  the  purchase  of  land  for  reforestation,  ten  thousand 
dollars. 

For  expenses  in  connection  with  protection  against  forest 
fires,  a  sum  not  exceeding  five  thousand  dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  13,  1011. 


State  forester. 

Clerical 
assistance. 


Purchase  of 
land. 

Forest  fires. 


1908.  601,  §  1, 
amended. 


Chap.67^  An  Act  relative  to  retiring  and  pensioning  prison 

OFFICERS  AND   INSTRUCTORS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  six  hundred  and 
one  of  the  acts  of  the  year  nineteen  hundred  and  eight 
is  hereby  amended  by  inserting  after  the  word  "correc- 
tion", in  the  sixth  line,  the  words:  —  or  any  person  em- 
ployed to  instruct  the  prisoners  in  any  prison  or  reformatory, 
as  provided  in  section  forty-four  of  chapter  two  hundred 
and  twenty-five  of  the  Revised  Laws,  who  began  employ- 
ment as  such  officer  or  instructor  on  or  before  June  seventh, 
nineteen  hundred  and  eleven,  —  and  by  adding  at  the  end 
of  said  section  the  words:  —  and  provided  that  no  such 
officer  or  instructor  shall  be  retired  unless  he  began  em- 
ployment as  such  officer  or  instructor  on  or  before  June 
seventh,  nineteen  hundred  and  eleven,  —  so  as  to  read 
as  follows:  —  Section  1.  The  prison  commissioners  may, 
with  the  approval  of  the  governor  and  council,  retire  from 
active  prison  service  and  place  upon  a  pension  roll,  any 
officer  of  the  state  prison,  or  of  the  INIassachusetts  reform- 
atory, or  of  the  state  farm,  or  of  the  reformatory  prison 
for  women,  or  of  any  jail  or  house  of  correction,  or  any 


The  prison 
comniissionera 
may  retire 
and  pension 
certain 
oQiccrs,  etc. 


Acts,  1911.  — Chap.  674.  799 

person  employed  to  instruct  the  prisoners  in  any  prison 
or  reformatory,  as  provided  in  section  forty-four  of  cliapter 
two  hundred  and  twenty-five  of  the  Revised  Laws,  who 
l)egan  employment  as  such  officer  or  instructor  on  or  before 
June  seventh,  nineteen  hundred  and  eleven,  wlio  has  at- 
tained the  age  of  sixty-five  years  or  over,  and  who  has 
been  employed  in  prison  service  in  Massachusetts,  with  a 
good  record  for  not  less  than  twenty  years;  or  who,  with- 
out fault  of  his  own,  has  become  permanently  disabled  by 
injuries  sustained  in  the  performance  of  his  duty;  or  who 
has  performed  faithful  prison  service  for  not  less  than  thirty 
years:  inQvided,  however,  that  no  officer  of  the  state  farm  Provisos. 
shall  so  be  retired  except  upon  the  recommendation  of  the 
trustees  of  that  institution;  and  yromded,  further,  that 
no  officer  of  any  jail  or  house  of  correction  shall  so  be 
retired  except  upon  the  recommendation  of  the  sheriff 
and  county  commissioners  of  the  county,  except  in  the 
county  of  Suffolk,  that,  where  the  recommendation,  as  to 
officers  of  the  jail,  shall  be  made  by  the  sheriff,  and  the 
mayor  of  the  city  of  Boston,  and,  as  to  the  officers  of  the 
house  of  correction,  by  the  penal  institutions  commis- 
sioner, and  the  mayor  of  the  city  of  Boston,  and  provided 
that  no  such  officer  or  instructor  shall  be  retired  unless  he 
began  employment  as  such  officer  or  instructor  on  or  before 
June  seventh,  nineteen  hundred  and  eleven. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

{This  hill,  returned  hy  the  c/overnor  to  the  senate,  the  branch 
ill  which  it  orifiinated,  2vith  his  objections  thereto,  was  jxtssed 
by  the  senate  July  11,  and,  in  concurrence,  by  the  house  of 
representatives  July  13,  the  objections  of  the  governor  not- 
withstanding, in  the  manner  'prescribed  by  the  Constitution; 
and  thereby  has  the  ''force  of  a  law".) 

An  Act  to  establish  the  salary  of  william  h.  Sanger  QJk^^j)  qja 
AS  assistant  ci>erk  of  the  senate  and  the  salary  ' 

.     OF    FRANK    E.     BRIDGMAN    AS    ASSISTANT    CLERK    OF    THE 
HOUSE  OF  REPRESENTATIVES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The   salary   of   William   H.    Sanger   as   as-  Salaries  of 
sistant  clerk  of  the  senate  and  the  salary  of  Frank  E.  Bridg-  cferks'^of 
man  as  assistant  clerk  of  the  house  of  representatives  shall  jiou^J^*^  ^'^'^ 
each  be  twenty-five  hundred  dollars  a  year,  to  be  so  allowed 


800 


Acts,  1911.  —  CiiAr.  G75. 


from  the  first  day  of  January  in  the  year  nineteen  hundred 
and  eleven. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

{This  bill,  returned  by  the  governor  to  the  senate,  the  branch 
in  which  it  originated,  with  his  objectioiis  thereto,  was  iMssed 
by  the  Senate  July  11,  and,  in  concurrence,  by  the  hou^e  of 
representatives  Jidy  IS,  the  objections  of  the  governor  not- 
ivitJistanding,  in  the  maimer  yrescribed  by  the  Constitution; 
and  thereby  has  the  ''force  of  a  law^'.) 


Retiring  and 
pensioning 
of  members  of 
the  district 
police. 


Chap.On^  An  Act  to  provide  pensions  for  the  district  police 

OF   THE   COMMONIVEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  member  of  the  district  police  who, 
in  the  judgment  of  the  governor,  is  disabled  for  useful 
service  in  that  department,  and  who  is  certified  by  a  physi- 
cian, designated  by  the  governor,  to  be  permanently  inca- 
pacitated either  physically  or  mentally,  by  injuries  sustained 
through  no  fault  of  his  own,  in  the  actual  performance  of  his 
duty,  for  the  further  performance  of  his  duty  in  the  depart- 
ment, and  any  member  of  the  said  department  who  has 
performed  faithful  service  for  the  commonwealth  for  not 
less  than  twenty  years,  and  is,  in  the  judgment  of  the  gov- 
ernor, incapacitated  for  further  service  as  a  member  of  the 
said  department,  shall,  if  he  so  requests,  be  retired,  and  shall 
annually  receive  a  pension  equal  to  one  half  of  the  compen- 
sation received  by  him  at  the  time  of  his  retirement. 

Section  2.  The  governor  is  hereby  authorized,  in  case 
of  emergency,  to  call  upon  any  person  pensioned  under 
this  act  for  such  temporary  service  as  a  district  police  officer, 
as  he  may  be  fitted  to  perform. 

Section  3.  Pensions  and  annuities  granted  imder  this 
act,  and  all  expenses  connected  therewith,  shall  be  paid 
out  of  the  treasury  of  the  commonwealth. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

{This  bill,  returned  by  the  governor  to  the  house  of  repre- 
sentatives, the  branch  in  which  it  originated,  with  his  objections 
thereto,  urns  passed  by  the  house  of  representatives  July  12, 
and,  in  concurrence,  by  the  senate  July  I4,  the  objectiotts  of 
the  governor  notwithstanding,  in  the  manner  prescribed  by  tlie 
Constitution;  and  thereby  has  the  "force  of  a  laio'\) 


Officers 
retired  may 
be  called 
upon  for 
temporary 
service. 

Payment  of 
pensions,  etc. 


Acts,  1911.  — CiiArs.  G76,  077.  801 


An  Act  relative  to  the  compensation  of  members  of  (Jhan  076 

THE   GENERAL   COURT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  eight  of  chapter  three  of  the  Re-R.  l.  3,  §8, 
vised  Laws  is  hereby  amended  by  striking  out  the  words  '^""^"'''''^• 
"seven  hundred  and  fifty",  in  the  second  Hne,  and  insert- 
ing in  place  thereof  the  words:  —  one  thousand,  —  so  as 
to    read    as    follows :  —  Section  8.     Each    member    of    the  Compensa- 
general   court   shall   receive   one  thousand   dollars  for  the  brrsofthe™" 
regular  annual  session  for  which  he  is  elected,  and  two  dol-  general  court. 
lars  for  every  mile  of  ordinary  travelling  distance  from  his 
place  of  abode  to  the  place  of  the  sitting  of  the  general  court. 
The  president  of  the  senate  and  the  speaker  of  the  house 
of  representatives  shall  each  receive  double  the  compensa- 
tion of  other  members,  and  two  dollars  for  every  mile  of 
ordinary  travelling  distance  as  aforesaid. 

Section  2.    This  act  shall  take  effect  on  the  first  day  Time  of 
of  January,  nineteen  hundred  and  twelve.  *''*^'°°  '^^^^^' 

(Tkis  bill,  returned  by  the  governor  to  the  house  of  repre- 
sentatives,  the  branch  in  ivhich  it  originated,  with  his  objections 
thereto,  ivas  passed  by  the  house  of  representatives  July  12, 
and,  in  concurrence,  by  the  senate  July  I4,  the  objections  of  the 
governor  notwitJistanding,  in  the  manner  prescribed  by  the 
Constitution;  and  thereby  has  the  "force  of  a  law".) 

An  Act  to  provide  for  the  improvement  of  highw^ays  Oi^rjj^  (^77 
connecting  the  hoosac  and  deerfield  valleys.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     In  addition  to  any  sums  heretofore  appro-  improvement 
priated  for  the  use  of  the  Massachusetts  highwav  commis-  °L^!!^^^'''-^'!i, 

■'.  1111  1  connecting  tne 

sion,  seventy-five  thousand  dollars  may  be  expended  by  goosac  and 
said  commission  during  the  present  year  in  the  construction  vaiieys. 
or  improvement  of  a  highway  over  Hoosac  mountain  be- 
tween the  city  of  North  Adams  and  the  valley  of  the  Deer- 
field  river,  at  such  points  and  in  such  manner  as  shall  be 
determined  by  the  commission.  Any  unexpended  balance 
of  the  sum  hereby  authorized  to  be  expended  may  be  used 
in  the  succeeding  year  for  the  same  purpose. 

Section  2.     For  the   purpose   of   meeting  the   expendi-  The  treasurer 
tures  hereby  authorized,  the  treasurer  and  receiver  general  gonerarm^y 
is  hereby  empowered,  with  the  approval  of  the  governor  eTcr  ^"'^' 


802 


Acts,  1911.  — Ciiap.  678. 


and  council,  to  issue  scrip  or  certificates  of  indebtedness  to 
an  amount  not  exceeding  seventy-five  thousand  dollars, 
for  a  term  not  exceeding  fifteen  years.  Such  scrip  or  cer- 
tificates of  indebtedness  shall  be  issued  as  registered  bonds 
or  with  interest  coupons  attached,  and  shall  bear  interest 
at  a  rate  not  exceeding  four  per  cent  per  annum,  payable 
semi-annually.  They  shall  be  designated  on  their  face. 
State  Highway  Loan,  shall  be  countersigned  by  the  gov- 
ernor, and  shall  be  deemed  a  pledge  of  the  faith  and  credit 
of  the  commonwealth;  and  the  principal  and  interest  thereof 
shall  be  paid  at  the  time  si)ecified  therein  in  gold  coin  of  the 
United  States  or  its  equivalent.  They  shall  be  sold  at  public 
auction,  or  disposed  of  in  such  other  manner,  at  such  times 
and  prices,  in  such  amounts  and  at  such  rates  of  interest, 
not  exceeding  the  rate  above  specified,  as  shall  be  deemed 
best. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  15,  1911. 


Improvement 
of  a  highway 
between  the 
towns  of 
Shelburne  and 
Greenfield. 


CliapSyiS  An  Act  to  provide  for  the  construction  or  improve- 
ment OF  A  highway  between  the  towns  of  shelburne 

AND  GREENFIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Massachusetts  highway  commission  is 
hereby  authorized  to  expend  the  sum  of  ten  thousand  dol- 
lars during  the  present  year,  in  addition  to  any  sums  here- 
tofore appropriated,  in  the  construction  or  improvement 
of  a  highway  between  the  village  of  Shelburne  Falls  in  the 
town  of  Shelburne  and  the  Green  River  bridge,  so-called, 
in  the  town  of  Greenfield,  and  any  unexpended  balance  of 
the  sum  hereby  authorized  to  be  exjicnded  may  be  used  in 
the  succeeding  year  for  the  same  purpose.  This  sum  shall 
be  expended  by  the  highway  conmiission  upon  such  parts 
of  the  existing  road  between  the  above  mentioned  places 
as  in  its  judgment  will  cause  the  road  to  become  safe  antl 
convenient  for  public  travel.  Neither  said  way  nor  any 
part  thereof  shall  thereby  become  a  state  highway,  and 
the  way  shall  be  maintained  and  kept  in  repair  by  the  towns 
in  which  it  is  located;  but  nothing  in  this  act  shall  j)revent 
the  way  from  being  maintained  and  kept  in  repair  by  the 
highway  commission  under  the  provisions  of  chapter  five 
hundred  and  tweirty-five  of  the  acts  of  the  year  nineteen 
hundicd  and   ten.     If  in  the  judgment  of  the  connnission 


Acts,  1911.  — Chap.  G79.  803 

it  is  advisable  to  construct  a  state  highway  over  any  part 
or  the  whole  of  the  said  road,  the  commission  is  empowered 
so  to  do  by  means  of  the  appropriation  hereby  authorized. 
This  act  shall  not  be  construed  as  prohibiting  the  laying 
out  or  constructing  of  said  way,  or  any  part  thereof,  as  a 
state  highway  under  the  laws  applicable  thereto  whenever 
said  commission  shall  deem  that  course  expedient. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  15,  1911. 

An  Act  relative  to  primaries  and  elections.         Chap.679 
Be  it  enacted,  etc.,  as  follows: 

Section  1 .     Chapter  five  hundred  and  sixty  of  the  acts  1007,  seo,  §  sie, 
of  the  year  nineteen  hundred  and  seven  is  hereby  amended  ^™^°  '^ 
by   striking   out   section   three   hundred   and   sixteen,   and 
inserting    in    place    thereof    the    following:  —  Section  316.  '^^y-^^'^^^y 
No  person  shall,  in  order  to  aid  or  promote  his  own  nom-  regulated. 
ination  or  election  to  a  public  office,  directly  or  indirectly, 
himself  or  through  another  person,  give,  pay,  expend  or 
contribute,  or  promise  to  give,  pay,  expend  or  contribute, 
any  money  or  other  valuable  thing,   except  for  personal 
expenses   or  to  a  political   committee   as   hereinafter  pro- 
vided.    The  words   "personal  expenses",   as  used   in   this  Personal 
chapter,  shall  include  only  expenses  directly  incurred  and  ''''p®°^^^- 
paid  by  a  person  for  travelling  and  for  purposes  properly 
incidental  to  travelling;    for  writing,  printing  and  prepar- 
ing for  transmission  and  distributing  any  letter,  circular, 
or  other  publication,  wherein  is  stated  his  position  or  views 
upon  public  or  other  questions;   for  stationery  and  postage; 
for  telegraph,  telephone  and  messenger  service,  expressage, 
and  for  preparing,  circulating  and  filing  nomination  papers, 
and  for  the  hire  of  not  more  than  one  conveyance  to  be 
used  at  each  polling  place  at  primaries  only. 

No  person  not  a  candidate  for  nomination  or  election.  Payment  by 
and   no   political   committee,    as   defined   in   section   three  than°clndi-*^'^ 
hundred  and  fourteen  shall,  in  order  to  aid,  promote  or  ^''**'^- 
defeat  the  nomination  or  election  of  any  person  to  public 
office,  pay,  expend  or  contribute,  or  promise  to  pay,  ex- 
pend or  contribute,  any  money  or  valuable  thing  except 
in  good  faith  for  the  following  purposes:   advertising,  rent 
and   maintenance   of   political   headquarters,   meetings,   re- 
freshments other  than  intoxicating  liquors,  decorations  and 
music,  postage,  stationery,  printing,  expressage,  travelling 


804 


Acts,  1911.  — Ciiap.  G79. 


1907,  560,  §  317, 
amended. 


Payments  to 
political  com- 
mittees, etc. 


1907,  5(J0,  §  319, 
amended. 


Soliciting  from 
candidates, 
prohibited, 
etc. 


expenses  of  candidates,  committees,  speakers  and  clerks, 
teleplione,  telegraph,  messenger  service  and  clerk  hire,  and 
for  preparing,  circulating  and  filing  nomination  papers;  but 
a  political  committee  may  expend  money  for  the  hire  of 
not  more  than  one  conveyance  to  be  used  at  each  polling 
place  at  elections  only. 

Section  2.  Section  three  hundred  and  seventeen  of 
said  chapter  five  hundred  and  sixty  is  hereby  amended  by 
striking  out  the  said  section  and  inserting  in  place  thereof 
the  following:  —  Section  317.  A  person  who  is  a  candi- 
date for  nomination  or  who  is  nominated  as  a  candidate 
or  voted  for  with  his  assent  for  public  office,  may  make 
a  voluntary  payment  of  money  or  a  voluntary  and  un- 
conditional promise  of  payment  of  money  to  a  political 
committee  for  the  promotion  of  the  principles  of  the  party 
which  it  represents,  or  for  its  general  purposes.  No  candi- 
date for  nomination  or  election  or  both,  shall  in  any  one 
election,  including  the  primary  therefor,  make  or  incur, 
directly  or  indirectly,  any  payments,  expenditures,  prom- 
ises or  liabilities  under  this  section  which  exceed  in  the 
whole  twenty-five  dollars  for  each  one  thousand  or  major 
portion  thereof  of  the  registered  voters  qualified  to  vote 
for  the  office  in  question  at  the  next  preceding  election, 
but  no  candidate  shall  expend  more  than  five  thousand 
dollars,  and  any  candidate  may  expend  at  least  one  hundred 
and  fifty  dollars  for  the  said  purposes. 

Section  3.  Section  three  hundred  and  nineteen  of  said 
chapter  five  hundred  and  sixty  is  hereby  amended  by 
striking  out  the  said  section  and  inserting  in  place  thereof 
the  following:  —  Section  319.  No  person  or  persons,  no 
political  committee  and  no  person  acting  under  the  au- 
thority of  a  political  committee  or  in  its  behalf,  shall  de- 
mand, solicit,  ask  or  invite  from  a  person  who  is  a  candidate 
for  nomination  or  election  to  public  office,  or  who  is  occu- 
pying an  elective  public  office,  any  payment  or  gift  of 
money  or  other  valuable  thing,  or  j^romise  of  payment  or 
gift  of  money  or  other  valuable  thing  for  advertising, 
gratuities,  donations,  tickets,  j^rogrammes,  or  any  other 
purpose  whatsoever;  and  no  such  candidate  for  nomination 
or  election,  and  no  one  w'ho  is  occupying  an  elective  public 
office,  shall  make  any  such  pa>'ment  or  gift,  or  promise  to 
make  any  such  payment  or  gift,  to  any  person  or  persons, 
})()litical  committee,  or  any  i)erson  acting  under  tlie  au- 
thority of  a  ])()litical  committee,  if  such  ])erson  or  j)olitical 


Acts,  1911.  — Chap.  (380.  — Pakt  I.  805 

committee  has  demanded,  solicited,  asked,  or  invited  from 
him  any  such  payment,  gift  or  promise  of  payment  or  gift; 
but  this  provision  shall  not  apply  to  the  soliciting  or  making 
in  good  faith  of  gifts  for  charitable  or  religious  purposes. 

Section  4.     Section   three   hundred   and   twenty-five  of  amLdS.^  ^^^' 
said   chapter  five  hundred   and   sixty   is   hereby  amended 
by  striking  out  the  said  section  and  inserting  in  place  thereof 
the  following :  —  Section  325.     Every   candidate   for   nom-  candidates  to 
ination  to  a  public  office  shall,  within  seven  days  after  the  s'"  statementa. 
last  day  for  filing  nominations  for  that  office,  and  every 
candidate  for  election  to  a  public  office  shall  within  seven 
days  after  the  election  held  to  fill  the  office,  file  a  statement 
in  writing  setting  forth  each  sum  of  money  and  thing  of 
value  expended,  contributed  or  promised  by  him,  for  the 
purpose  of  securing  or  in  any  way  affecting  his  nomination 
or  election  to  the  office,  and  the  name  of  the  person  or 
political   committee   to   whom   the   payment,    contribution 
or  promise  was  made  and  the  date  thereof. 

Section  5.  Whoever  is  convicted  of  wilfully  violating  Person  con- 
any  provision  of  law  relating  to  corrupt  practices  in  elec-  vioiaUo^nof 
tions  shall  be  deemed  ineligible  to  hold  public  office  for  three  to  wrmpr 
years  following  the  date  of  his  conviction.  meif  Me  to'''' 

Section  6.     If  a  person  elected  to  public  office  is  con-  tow  public 
victed  of  any  wilful  violation  of  the  law  relating  to  corrupt  Person  con- 
practices  in  connection  with  the  primary  or  election  at  which  tion^'of  act '°'^" 
he  was  nominated  or  elected,  his  office  shall  thereby  be  relative  to 

corruDu 

vacated,  and  a  new  election  shall  be  held  for  the  purpose  practices 

a   n^^•  ,^  -^         -^  to  vacate 

or  hlhng  the  same.  office,  etc. 

Section  7.     Nothing  in  this  act  shall  be  construed  to  Certain 
repeal  chapter  five  hundred  and  eighty-one  of  the  acts  of  onlw'to^ 
the  year  nineteen  hundred  and  seven  or  chapter  four  hun-  force?"^'° 
dred  and  eighty-three  of  the  acts  of  the  year  nineteen  hun- 
dred and  eight. 

Section  8.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  15,  1911. 

An  Act  to  revise  the  charter  of  the  city  of  chelsea.  Chart'^SO 
Be  it  enacted,  etc.,  as  follows: 

PART  I. 
Section  1.     The  inhabitants  of  the  city  of  Chelsea  shall  ^jtyof 

,  ...  '11  i»  Chelsea. 

continue  to  be  a  municipal  corporation,  under  the  name  of 
the  City  of  Chelsea,  and  as  such  shall  have,  exercise  and 


800 


Acts,  1911.  — Ciiap.  680.  — Part  I. 


Number  of 
wards. 


Government 
to  be  vested 
in  a  niuuicipal 
council. 


Municipal 
council, 
how  com- 
posed, etc. 


enjoy  all  the  rights,  immunities,  powers  and  privileges,  and 
shall  be  subject  to  all  the  duties,  liabilities  and  obligations 
provided  for  herein,  or  otherwise  pertaining  to  or  incum- 
bent upon  said  city  as  a  municipal  corporation. 

Section  2.  The  territory  of  the  city  shall  continue  to  be 
divided  into  five  wards,  which  shall  retain  their  present 
boundaries  until  the  same  shall  be  changed  under  the  gen- 
eral law  relating  thereto;  but  the  number  of  wards  shall 
never  be  less  than  five. 

Section  3.  The  government  of  the  city  and  the  general 
management  and  control  of  all  its  affairs  shall  be  vested 
in  a  municipal  council,  except  that  the  general  management 
and  control  of  the  public  schools  of  the  city  and  of  the  prop- 
erty pertaining  thereto,  shall  be  vested  in  a  school  committee. 

Section  4.  The  municipal  council  shall  consist  of  five 
members,  to  wit,  a  mayor  and  four  aldermen.  The  school 
committee  shall  consist  of  the  mayor  and  four  other  mem- 
bers. All  the  above  officers  shall  be  elected  at  large  by 
and  from  the  registered  voters  for  terms  of  two  years,  un- 
less it  is  otherwise  provided  in  this  act. 


election. 


Municipal 
election  and 
municipal 
year. 


Election  of 
mayor,  etc. 


School  com- 
mittee. 


Section  5. 


The  municipal  election  shall  take  place  an- 
nually on  the  Tuesday  following  the  second  Monday  of 
December;  and  the  municipal  year  shall  begin  at  ten  o'clock 
in  the  forenoon  of  the  first  Monday  in  January,  and  shall 
continue  until  ten  o'clock  in  the  forenoon  of  the  first  Mon- 
day of  the  following  January.  Every  special  election  shall 
be  held  on  a  Tuesday. 

Section  6.  In  the  year  nineteen  hundred  and  eleven, 
and  in  every  second  year  thereafter,  there  shall  l)e  elected 
at  the  annual  city  election  the  mayor,  two  aldermen,  and  two 
members  of  the  school  committee  for  the  term  of  the  two 
municipal  years  next  following  their  respective  elections. 
There  shall  also  be  elected  at  said  annual  city  election  in 
the  year  nineteen  hundred  and  eleven,  two  aldermen  and 
two  members  of  the  school  committee  for  the  municipal 
year  next  following  such  election.  In  the  year  nineteen 
Inindred  and  twelve,  and  in  every  second  year  thereafter, 
there  shall  be  elected  at  the  annual  city  election  two  alder- 
men and  two  meml)ers  of  the  school  committee,  each  for 
the  two  municipal  years  next  following  liis  election.  Ex- 
cept as  aforesaid  and  as  otherwi.se  provided  in  this  act. 


Acts,  1911.  — Chap.  680.  — Part  I.  807 

no  city  officers  shall  be  elected  at  any  city  election.  The 
above  mentioned  officers  shall  be  elected  by  and  from  the 
qualified  voters  of  the  city,  and  may  be  residents  of  any 
part  thereof. 

Section  7.  Except  as  is  otherwise  provided  in  section  Preliminary 
fifty-three,  there  shall  not  be  printed  on  the  official  ballots  o/candidatea. 
to  be  used  at  any  annual  or  special  city  election  the  name 
of  any  person  as  a  candidate  for  mayor,  alderman  or  mem- 
ber of  the  school  committee  unless  such  person  be  nominated 
as  such  candidate  at  a  preliminary  election  for  nominations 
to  be  held  as  provided  in  this  act.  There  shall  not  be 
printed  on  the  official  ballots  to  be  used  at  a  preliminary 
election  for  nominations  the  name  of  any  person  as  a  can- 
didate unless  such  person  shall  have  filed,  within  the  time 
limited  by  section  ten  of  this  act,  the  statement  of  the 
candidate  and  the  petition  accompanying  the  statement 
described  in  section  ten. 

Section  8.  On  the  third  Tuesday  preceding  every  annual  hoid?n°^ 
or  special  city  election  at  which  any  officer  mentioned  in  Hminary  eiec- 
section  six  is  to  be  elected,  there  shall  be  held  a  preliminary 
election  for  nominations  for  the  purpose  of  nominating 
candidates  for  such  offices  as  are  to  be  filled  at  such  annual 
or  special  city  election.  No  special  election  for  the  election 
of  mayor  or  an  alderman  shall  be  held  until  after  the  expira- 
tion 6f  forty  days  from  the  calling  of  the  preliminary  election 
for  nominations,  which  is  to  be  held  on  the  third  Tuesday 
preceding  such  special  election.  At  every  preliminary 
election  for  nominations  the  polls  shall  be  opened  at  six 
o'clock  in  the  forenoon,  and  shall  be  kept  open  until  four 
o'clock  in  the  afternoon  and,  except  as  is  otherwise  pi^ovided 
in  this  act,  every  such  preliminary  election  for  nominations 
shall  be  called  by  the  same  officers  and  held  in  the  same 
manner  as  an  annual  city  election,  and  polling  places  shall 
be  designated,  provided  and  furnished,  official  ballots, 
special  ballots,  ballot  boxes,  voting  lists,  specimen  ballots, 
blank  forms,  apparatus  and  supplies  shall  be  provided  for 
every  such  preliminary  election  for  nominations  in  the  same 
number,  kind  and  manner  and  by  the  same  officials  as  at 
an  annual  city  election,  and  the  same  election  officers  shall 
officiate  as  at  an  annual  city  election. 

Section  9.     The  provisions  of  law  relating  to  election  Cert^n 

ry  J.*  1  J?  1       j^'  1       x'  J.  1    provisions  of 

oincers,  voting  places  tor  elections,  election  apparatus  and  law  to  apply. 
blanks,  calling  and  conduct  of  elections,  manner  of  voting 
at  elections,   counting  and   recounting  votes  at  elections. 


808 


Acts,  1911.  — Ctiap.  G80.— Pap.t  I. 


Candidates  to 
file  statements. 


corrupt  practices,  and  penalties,  shall  apply  to  the  said 
preliminary  elections  for  nominations,  except  as  is  other- 
wise provided  in  this  act. 

Section  10.  Any  person  who  is  qualified  to  ^•ote  for  a 
candidate  for  mayor,  alderman  or  member  of  the  school 
committee,  and  who  is  a  candidate  for  nomination  for  any 
of  those  offices,  may  have  his  name,  as  such  candidate, 
printed  on  the  official  ballots  to  be  used  at  a  preliminary 
election  for  nominations,  provided  that  he  shall,  at  least 
ten  days  prior  to  such  preliminary  election,  file  with  the 
city  clerk  a  statement  in  writing  of  his  candidacy  in  substan- 
tially the  following  form :  — 


Form  of 
statement. 


STATEMENT   OF   CANDIDATE. 

I,   (  ),  on  oath  declare  that 

I  reside  at  (number,  if  any,)  in  (name  of  street,)  in  the 
city  of  Chelsea;  that  I  am  a  voter  therein  qualified  to  vote 
for  a  candidate  for  the  hereinafter  mentioned  office;  that 
I  am  a  candidate  for  nomination  for  the  office  of  (mayor, 
alderman  or  member  of  the  school  committee)  for  (state 
the  term),  to  be  voted  for  at  the  preliminary  election  for 
nominations  to  be  held  on  Tuesdav,  the  dav  of 

,19  ,  and  I  request  that  my  name  be  printed 
as  such  candidate  on  the  official  ballots  to  be  used  at  said 
preliminary  election  for  nominations. 

(Signed.) 


Petition  to 
be  fiifMl. 


COMMONWEALTH   OF   MASSACHUSETTS. 
Suffolk,  SS. 

Subscril)ed  and  sworn  to  on  this  day  of 

19     ,  before  me. 

(Signed.) 

Justice  of  the  Peace, 
(or  Notary  Public.) 
and  at  the  same  time  shall  file  therewith  a  petition  of  at 
least  twenty-five  voters  of  the  city  (lualified  to  vote  for  a 
candidate  for  the  said  office.     The  petition  shall  be  in  sub- 
stantially the  following  form:  — 


Form  of 
petition. 


PETITION   ACCOMPANYING   STATEMENT   OF   CANDIDATES. 

Whereas  (name  of  candidate)  is  a  candidate  for  nomi- 
nation for  the  office  of  (mayor,  alderman  or  member  of  the 
school  committee)  for  (state  the  term),  we  the  undersigned, 


Acts,  1911.  — CtiAr.  G80.  — Part  L  809 


^? 


voters  of  the  city  of  Chelsea,  duly  qualified  to  vote  for  a 
candidate  for  the  said  office,  do  hereby  request  that  the 
name  of  said  (name  of  candidate),  as  a  candidate  for  nom- 
ination for  said  office,  be  printed  on  the  official  ballots  to 
be  used  at  the  preliminary  election  for  nominations  to  be 
held   on  the  Tuesday  of  ,    19     . 

We  further  state  that  we  believe  him  to  be  of  good  moral 
character  and  cjualified  to  perform  the  duties  of  the  office. 


Names  of  Voters. 


Street  number, 
if  any. 


Street. 


No  acceptance  by  a  candidate  for  nomination  named  in  Acceptance  not 
the  petition  shall  be  necessary  for  its  validity  or  for  its  ^'^^^^''^'^y- 
filing,  and  the  petition  need  not  be  sworn  to. 

Section  1 1 .     Women    who    are    qualified    to    vote    for  women  may 

1  e    J.^  U       1  'xx  U  ]•  ]    X         £        be  candidates 

member  ot  the  school  committee  may   be  candidates  tor  for  school 


committee, 
etc. 


nomination  for  that  office  at  any  preliminary  election  for 
nominations  at  which  candidates  for  nomination  for  that 
office  are  to  be  voted  for,  and,  at  such  preliminary  election, 
may  vote  for,  and  only  for,  candidates  for  nomination  for 
that  office.  They  shall  file  the  hereinbefore  described  state- 
ment of  a  candidate,  and  the  petition  accompanying  the 
statement,  in  all  cases  where  the  same  are  herein  required 
to  be  filed  by  male  candidates  for  nominations  for  that  office. 

Section  12.     On  the  first  day,  not  being  Sunday  or  a  Names  and 
legal  holiday,  following  the  expiration  of  the  time  for  filing  clndfdates'to 
the  above  described  statements  and  petitions,  the  city  clerk  ^^  published, 
shall   cause  to  be  published   in   one   or  more   newspapers 
published  in  the  city  the  names  and  residences  of  the  can- 
didates for  nomination  who  have  duly  filed  the  above  men- 
tioned statements  and  petitions,  and  the  offices  and  terms 
for  which  they  are  candidates  for  nomination,  as  they  are 
to  appear  on  the  official  ballots  to  be  used  at  the  preliminary 
election  for  nominations.     The  city  clerk  shall  thereupon 
prepare  the  ballots  to  be  used  at  the  preliminary  election 
for  nominations  and  shall  cause  them  to  be  printed,  and 
the  ballots  so  prepared  shall  be  the  official  ballots,  and  the 
only  ballots,  used  at  such  preliminary  election.     They  shall 
be  headed  as  follows:  — 


810 


Acts,  1911.  — Chap.  680.  — Part  I. 


Official 

preliminary 

ballot. 


Names  of 
candidates  to 
be  printed  on 
ballot,  etc. 


OFFICIAL   PRELIMINARY   BALLOT. 

Candidates  for  Nomination  for  Mayor,  Alderman  and 
School  Committee  of  the  City  of  Chelsea.  At  a  Prelimi- 
nary Election  for  Nominations  Held  on  the  Day  of 
in  the  Year  Nineteen  Hundred  and 

(The  heading  shall  be  varied  in  accordance  with  the  offices 
for  which  nominations  are  to  be  made.) 

Section  13.  The  name  of  each  person  who  has  filed  a 
statement  and  accompanying  petition  as  aforesaid,  and  his 
residence  and  the  title  and  term  of  the  office  for  which  he 
is  a  candidate  for  nomination  shall  be  printed  on  said  bal- 
lots, and  the  names  of  no  other  candidates  shall  be  printed 
thereon.  Blank  spaces  shall  be  left  at  the  end  of  each  list 
of  candidates  for  nomination  for  the  different  offices,  equal 
to  the  number  to  be  nominated  therefor,  in  which  the  voter 
may  insert  the  name  of  any  person  not  printed  on  the  ballot 
for  whom  he  desires  to  vote  for  nomination  for  such  office. 
There  shall  be  printed  on  said  ballots  such  directions  as 
will  aid  the  voter;  for  example,  "vote  for  one",  "vote  for 
two",  and  the  like.     Special  ballots,  headed:  ■ — 


official   PRELIMINARY   BALLOT. 

Special  ballots.  Candidates  for  Nomination  for  IMembers  of  School  Com- 
mittee of  the  City  of  Chelsea.  At  a  Preliminary  Election 
for  Nominations  Held  on  the  Day  of 

in  the  Year  Nineteen  Hundred  and  and  contain- 

ing the  names  and  residences  of  the  same  candidates  for 
nomination  for  member  of  the  school  committee  as  are  on 
the  regular  official  ballots  furnished  for  such  preliminary 
election  for  nominations,  and  the  title  and  term  of  that  office 
shall  be  prepared  in  like  manner  and  printed  for  the  use 
of  women  qualified  to  vote  for  members  of  the  school  com- 
mittee. 


No  party 
de.siK  nation 
to  he  used  on 
buUut. 


PARTY   DESIGNATIONS   ABOLISHED. 

Section  14.  No  ballot  used  at  any  annual  or  special 
city  election  or  at  any  preliminary  election  for  nominations 
shall  have  printed  thereon  any  i)arty  or  ])()litical  designa- 
tion or  mark,  and  there  shall  not  be  appended  to  the  name 
of  any  candidate  any  such  i)arty  or  political  designation  or 
mark,  or  anything  showing  how  he  was  nominated,  or  indi- 
cating his  views  or  opinions. 


Acts,  1911.  —  Chap.  680.  —  Part  I.  811 

Section  15.     Voters  qualified  to  vote  at  a  city  election  Quaiiocationa 
shall  be  qualified  to  vote  at  the  said  preliminary  election  °'"^°"°^- 
for  nominations. 

Section  16.  The  election  officers  shall  immediately,  Counting  of 
upon  the  closing  of  the  polls  at  preliminary  elections  for  ^"°*^'^'^''- 
nominations,  count  the  ballots  and  ascertain  the  number 
of  votes  cast  in  the  voting  places  where  they  officiate,  for 
each  person  for  nomination  for  each  office,  and  shall  make 
return  thereof  to  the  city  clerk  forthwith  upon  blanks  to  be 
furnished  as  in  city  elections. 

Section  17.    On  the  first  day,  not  being  Sunday  or  a  citycierkto 
legal  holiday,  following  the  preliminary  election  for  nom-  tu?ns?ltc!" 
inations,  the  city  clerk  shall  canvass  said  returns,  so  re- 
ceived from  the  election  officers,  and  shall  forthwith  publish 
the  result  of  the  canvass  in  one  or  more  newspapers  pub- 
lished in  said  city. 

NOMINATIONS. 

Section  IS.  The  two  persons  receiving  at  a  preliminary  Number  of 
election  for  nominations  the  highest  number  of  votes  for  officila  ufiot! 
nomination  for  an  office  shall  be  the  candidates,  and  the 
only  candidates,  for  that  office  whose  names  shall  be  printed 
on  the  official  ballots  to  be  used  at  the  annual  or  special 
city  election  for  the  making  of  nominations  for  which  such 
preliminary  election  was  held;  and  if  two  or  more  persons 
are  to  be  elected  to  the  same  office  at  such  annual  or  special 
city  election,  the  several  persons,  to  a  number  equal  to 
twice  the  number  so  to  be  elected,  receiving  at  such  pre- 
liminary election  for  nominations  the  highest  number  of 
votes  for  nomination  for  that  office,  or  all  such  persons 
if  less  than  twice  the  number  of  those  so  to  be  elected,  shall 
be  the  candidates,  and  the  only  candidates,  for  that  office 
whose  names  shall  be  printed  on  the  official  ballots  to  be 
used  at  the  annual  or  special  city  election. 

Section  19.     No  acceptance  of  a  nomination  made  at  a  Acceptance  not 
preliminary  election  for  nominations  shall  be  necessary  for  '^'"^^^"•^'^y- 
its  validity. 

elections. 

Section  20.     At   city   elections,    other   than   the   above  Persons 
described  preliminary  elections  for  nominations,  the  person  h1?h^s't°°  ^"^^ 
receiving  the  highest  number  of  votes  for  an  office  shall  be  "o""g^tobt 
deemed  and  declared  elected  to  that  office;    and  if  two  or  deemed 
more  persons  are  to  be  elected  to  the  same  office,  the  several 
persons,  to  the  number  to  be  chosen  to  the  office,  receiving 


812 


Acts,  1911.  — Chap.  680.  —  Pakt  T. 


Certain 
provisions 
of  law  to 
apply. 


the  highest  number  of  votes  shall  be  deemed  and  declared 
to  be  elected;  but  persons  receiving  the  same  nmnber  of 
votes  shall  not  be  deemed  to  be  elected  if  thereby  a  greater 
number  would  be  elected  than  are  by  law  to  be  chosen. 
On  ballots  to  be  used  at  annual  or  special  city  elections 
blank  spaces  shall  be  left  at  the  end  of  each  list  of  candidates 
for  the  different  offices,  equal  to  the  number  to  be  elected 
thereto,  in  which  the  voter  may  insert  the  name  of  any 
person  not  printed  on  the  ballot  for  whom  he  desires  to 
vote  for  such  office. 

Section  21.  Except  as  is  otherwise  provided  in  this  act, 
the  laws  of  the  commonwealth  governing  annual  city  elec- 
tions, special  elections  of  city  officers  and  special  elections 
in  cities  shall,  so  far  as  they  may  be  applicable,  govern 
such  elections  in  the  said  city.. 


General 
meetings  of 
voters. 


Adjournment. 


GENERAL  MEETINGS   OF   VOTERS. 

Section  22.  General  meetings  of  the  registered  voters 
of  the  city  shall  be  called  by  the  municipal  council  upon 
petition  of  at  least  five  hundred  of  the  said  voters,  which 
petition  shall  state  the  purpose  or  purposes  of  the  meeting, 
which  shall  pertain  to  an  official  act  of  the  city  council  or 
some  member  thereof  or  to  an  official  act  of  some  city 
officer  or  officers.  The  meeting  shall  be  held  not  later  than 
three  weeks  after  the  filing  of  the  petition;  and  notice 
thereof  shall  be  given  by  the  municipal  council  on  the 
front  page  of  at  least  one  newspaper  of  the  city,  not  less 
than  three  times  within  two  weeks  after  the  filing  of  the 
petition.  A  presiding  officer  shall  be  chosen  for  the  meet- 
ing from  those  present;  and  the  city  clerk  shall  act  as  the 
clerk  thereof,  and  shall  keep  complete  records  of  the  pro- 
ceedings. If  so  requested  in  the  petition,  or  demanded 
at  the  meeting,  any  city  officer  or  officers  shall  attend 
the  meeting,  and  if  called  upon  so  to  do  shall  place  before 
the  meeting  any  facts,  documents,  or  other  information 
relative  to  the  subject-matter  of  the  petition. 

If  for  any  reason  any  officer  or  officers  are  unable  to 
attend  the  meeting,  or  if  it  be  impossible  to  produce  at 
the  meeting  the  facts,  documents,  or  other  information 
requested  as  aforesaid,  the  meeting  may  be  adjourned 
until  such  time  as  the  officer  or  officers  can  attend,  or  the 
facts,  documents  or  other  information   can   be  furnished. 


Acts,  1911.  —  Chap.  680.  —  Pakt  I.  813 

A  copy  of  the  records  of  the  meeting,  and  of  any  adjourn- 
ment thereof,  shall  be  transmitted  by  the  city  clerk  to  the 
municipal  council  at  its  next  meeting. 

ABOLISHMENT  OF  PRESENT  GOVERNMENT. 

Section  23.  At  ten  o'clock  in  the  forenoon  on  the  first  rrcaont  city 
Monday  of  January  in  the  year  nineteen  hundred  and  twelve,  abolished." 
the  board  of  control  of  said  city  shall  be  abolished;  the 
terms  of  office  which  the  present  members  of  the  board  of 
control,  members  of  the  school  committee  and  water  com- 
missioners are  now  serving  shall  terminate,  and,  except  as 
is  otherwise  provided  in  this  act,  all  the  present  powers 
and  duties  of  all  or  any  the  mayor,  mayor  and  aldermen, 
aldermen  and  board  of  aldermen,  of  said  city,  under  any 
general  or  special  acts,  shall  devolve  upon  and  shall  there- 
after be  exercised  and  performed  by  a  board,  styled  the 
municipal  council,  which  shall  consist  of  the  mayor  and 
four  aldermen  elected  under  the  provisions  of  this  act. 
The  municipal  council  shall  be  the  judge  of  the  election 
of  its  own  members. 

Section  24.  The  mayor  and  the  aldermen  elected  as  Meeting  for 
aforesaid  shall  meet  at  ten  o'clock  in  the  forenoon  on  the  °^sanization. 
first  JMonday  of  January  of  each  year,  and  those  of  them 
whose  term  of  office  then  begins  shall  severally  take  oath 
before  the  city  clerk,  or  a  justice  of  the  peace,  to  perform 
faithfully  the  duties  of  their  respective  offices.  The  city 
clerk  shall  call  the  council  to  order,  and  shall  designate  the 
senior  member  elect,  who  shall  preside  until  a  president  is 
chosen.  The  municipal  council  shall  thereupon  be  organ- 
ized by  the  choice  of  a  president,  who  shall  be  called  the 
president  of  the  municipal  council,  and  shall  hold  his  office 
during  its  pleasure.  The  president  of  the  municipal  council 
shall  be  some  member  thereof  other  than  the  mayor.  The 
organization  of  the  municipal  council  shall  take  place  as 
aforesaid,  notwithstanding  the  absence,  death,  refusal  to 
serve,  or  non-election  of  the  mayor  or  of  one  or  more  of  the 
four  aldermen:  provided,  that  at  least  three  of  the  persons  Proviso, 
entitled  to  be  members  of  the  municipal  council  are  present 
and  take  the  oath  as  aforesaid.  Any  person  entitled  to  take 
the  aforesaid  oath  who  was  not  present  at  the  time  above 
fixed  therefor  may  take  the  same  at  any  time  thereafter. 
Every  official  and  board  having  to  do  with  the  affairs  of 


814 


Acts,  1911.  —  CiiAr.  680.  —  Paiit  I. 


the  city,  with  the  exception  of  such  as  pertain  to  the  school 
committee,  shall  exercise  his  or  their  duties  under  the  direc- 
tion of  such  member  of  the  council  as  it  shall  designate. 


Meetings  of 

municipal 

council. 


Quoruin,  etc. 


MEETINGS  OF  MUNICIPAL  COUNCIL. 

Section  25.  The  municipal  council  shall  fix  suitable 
times  for  its  regular  meetings,  which  shall  be  held  in  the 
evening,  and  in  case  of  public  necessity,  the  mayor,  the 
president  of  the  municipal  council,  or  any  two  members 
thereof,  may  at  any  time  call  a  special  meeting  by  causing 
a  written  notice,  stating  the  time  of  holding  the  meeting, 
and  signed  by  the  person  or  persons  calling  the  same, 
to  be  delivered  in  hand  to  each  member,  or  left  at  his 
usual  dwelling  place  at  least  six  hours  before  the  time 
of  the  meeting.  All  public  hearings  shall  be  held  in  the 
evening. 

Section  26.  A  majority  of  the  members  of  the  mu- 
nicipal council  shall  constitute  a  quorum.  Its  meetings 
shall  be  public,  and  the  mayor,  if  present,  shall  preside, 
and  shall  have  the  right  to  vote.  In  the  absence  of  the  mayor, 
the  president  of  the  municipal  council  shall  preside,  and  in 
the  absence  of  both,  a  chairman  pro  tempore  shall  be  chosen. 
The  city  clerk  shall  be,  ex  officio,  clerk  of  the  municipal 
council,  and  shall  keep  the  records  of  its  proceedings.  All 
votes  of  the  members  of  the  municipal  council  shall  be 
by  yeas  and  nays,  upon  the  passage  of  any  ordinance,  vote 
appropriating  or  borrowing  money  or  the  appointment, 
suspension  or  removal  of  any  city  officer,  or  on  request  of 
any  member,  and  shall  be  entered  upon  the  records.  The 
affirmative  votes  of  at  least  three  members  shall  be  necessary 
for  the  passage  of  any  order,  ordinance,  resolution  or  vote. 


Powers  of 
municipal 
council. 


POWERS   OF  THE   MUNICIPAL  COUNCIL. 

Section  27.  Except  as  is  otherwise  provided  in  this 
act,  the  municipal  council  shall  have  power  to  do,  without 
the  approval  of  the  mayor,  all  things  which  all  or  any  of 
the  city  council  or  board  of  aldermen  now  have  power  to 
do  with  such  approval.  Any  notes,  bonds  or  scrip  which 
the  city  is  authorized  to  issue  shall  be  signed  by  its  treasurer 
and  countersigned  by  a  majority  of  its  numicipal  council. 
Upon  a  vote  of  the  municij)al  council,  the  mayor  shall  sign, 
seal,  execute  and  deliver  in  behalf  of  the  city  deeds  and  leases 


Acts,  1911. —  Chap.  680.  — Part  I.  815 


of  land  sold  or  leased  by  the  city,  and  other  deeds,  agree- 
ments, contracts,  leases,  indentures,  assurances,  and  instru- 
ments on  behalf  of  the  city,  except  as  is  otherwise  provided 
herein. 

PUBLICITY   FOR  CONTRACTS. 

Section  28.  Neither  the  municipal  council  nor  the  contracts. 
school  committee  shall  make  or  pass  any  order,  resolution, 
or  vote  api>ropriating  money  in  excess  of  five  hundred 
dollars,  or  making  or  authorizing  the  making  of  any  con- 
tract involving  a  liability  on  the  part  of  the  city  in  excess 
of  five  hundred  dollars,  unless  the  same  is  proposed  in 
writing,  and  notice  is  given  by  the  city  clerk  in  at  least 
one  newspaper  of  the  city,  not  less  than  one  week  before 
its  passage,  except  an  order,  resolution  or  vote  for  tlie 
immediate  preservation  of  the  public  peace,  health  or 
safety,  which  contains  a  statement  of  its  urgency  and  is 
passed  by  a  majority  vote  of  the  whole  board;  and  such 
notice  shall  be  given  as  aforesaid  upon  the  request  of  the 
municipal  council  or  of  the  school  committee. 

Section  29.     When  the  municipal  council  shall  make  or  when 
pass  any  ordinance,   or  an  amendment  or  repeal  of  any  shairukf 
ordinance,  the  ordinance,  amendment  or  repeal  shall,  ex-  ''^®°*- 
cept  as  is  otherwise  provided  in  this  act,  take  effect  at  the 
expiration  of  ten  days  after  its  passage:    provided,  hoivever,  Proviso, 
that,  if  there  is  a  time  therein  specified  when  it  shall  take 
effect,  and  such  time  is  more  than  ten  days  after  its  pas- 
sage, the  ordinance,  amendment  or  repeal  shall,  except  as 
is  otherwise  provided  in   this  act,  take  effect  at  the  time 
so   specified   therein.     All   ordinances   so   made  and   estab- 
lished shall  forthwith  be  published  in  one  or  more  news- 
papers  published   in   said   city,   to   be   designated   by   the 
municipal  council. 

Section  30.     When  the  voters  make  or  pass  a  measure,  when  other 
as  provided  in  this  act,  the  measure  shall  take  effect  at  the  te^^X^ct.*^" 
time  therein  specified,  without  presentation  to  or  approval 
by  the  mayor. 

Section  31.     No  measure  made  or  passed  by  the  mu-  Approval  not 
nicipal  council  or  by  the  voters,  as  provided  in  this  act,  ^^'^^"°^- 
shall  require  the  approval  of  any  court  or  of  the  attorney- 
general,  or  shall  be  required  to  be  published  in  order  to 
become  effective. 

Section  32.     The  mayor  shall  have  no  power  of  veto,  Mayor  not  to 
and  no  measure  which  the  municipal  council  shall  make  of  veto?""^^ 


810 


Acts,  1911.  — Cmvr.  (380.  — Pakt  I. 


Estimates,  etc. 


or  pass  shall  be  presented  to  him  for,  or  shall  require,  his 
approval  in  order  to  be  elective. 

Section  33.  The  municipal  council  shall,  in  the  month 
of  January  of  each  year,  cause  to  be  made  to  it  by  the 
heads  of  departments,  and  by  all  other  officers  and  boards 
having  authority  to  expend  money,  detailed  estimates  of 
the  amounts  deemed  by  them  to  be  necessary  for  their 
respective  departments  for  the  financial  year,  which  shall 
begin  on  the  first  Monday  of  January.  The  several  boards 
and  officers  having  charge  of  departments  shall,  within  their 
respective  departments,  employ  all  labor,  make  and  execute 
all  necessary  contracts,  purchase  all  materials  and  supplies, 
and  shall  have  the  whole  care  and  custodv  and  management 
of  all  public  works,  institutions,  buildings  and  other  property. 
All  contracts  made  in  behalf  of  the  city  in  which  the  amount 
involved  exceeds  two  hundred  dollars,  shall,  in  order  to  be 
valid,  require  the  approval  of  the  municipal  council;  and 
except  as  is  otherwise  provided  herein,  or  by  law,  no  expen- 
diture shall  be  made  or  liabilities  incurred  for  any  purpose 
beyond  the  appropriations  previously  made  therefor. 

Section  34.  No  sum  appropriated  for  a  specific  pur- 
purposenotto  posc  sliall  bc  cxpcndcd  for  any  other  purpose,  and  no  ex- 
other  purpose,  penditure  shall  be  made  and  no  liability  incurred  by  or 
in  behalf  of  the  city  until  the  municipal  council  has  duly 
voted  an  appropriation  sufficient  to  meet  such  expendi- 
ture or  liability,  together  with  all  prior  liabilities  which 
are  payable  therefrom,  except  that  after  the  expiration  of 
the  financial  year,  and  before  the  making  of  the  regular 
annual  appropriations,  liabilities  payable  out  of  a  regular 
appropriation  may  be  incurred  to  an  amount  not  exceeding 
one  sixth  of  the  total  appropriation  made  for  similar  pur- 
poses in  the  preceding  year. 


Appropriations 
for  a  spccilio 


Monthly 
Btatomeuts. 


MONTHLY   STATEMENTS  TO   BE  PUBLISHED. 

Section  35.  The  nnmicipal  council  shall  each  month 
cause  to  be  printed  in  pamphlet  form  a  detailed  itemized 
statement  of  all  cash  receipts  and  expenditures  of  the  city 
during  the  preceding  month,  and  of  all  bills  and  accounts 
owed  by  the  city  at  the  end  of  the  preceding  month,  in 
such  a  manner  as  to  show  the  gross  monthly  ro\enne  and 
expense  of  each  department,  and  shall  furnish  copies  thereof 
to  the  public  library,  to  the  newspapers  ])ul)lished  in  said 
city,  and  to  persons  who  shall  apply  therefor  at  the  office 
of  the  city  clerk.     At  the  end  of  the  municipal  year  the 


Acts,  1911.  — ChaPo  680.  — Part  L  817 

municipal  council  shall  cause  a  complete  examination  of 
all  books  and  accounts  of  the  city  to  be  made  by  competent 
accountants,  and  shall  publish  the  result  of  the  examination 
in  the  manner  above  provided  for  the  publication  of  monthly 
statements.  The  provisions  of  this  section  shall  apply 
to  the  school  department  of  the  city,  and  the  school  com- 
mittee shall  furnish  the  municipal  council  with  such  informa- 
tion, facts,  figures  and  data  as  may  be  necessary  to  carry 
out  the  provisions  of  this  section  so  far  as  it  applies  to  the 
school  department. 

CRIMINAL   OFFENSE   TO   PARTICIPATE   IN   CONTRACTS. 

Section  36.     It  shall  be  unlawful  for  a  member  of  the  Certain 
municipal  council  or  school  committee,  or  for  any  officer  hibUecifrom 
or  employee  of  the  city,  directly  or  indirectly  to  make  a  hrTOatracta!''''' 
contract  with  the  city,  or  to  receive  any  commission,  dis-  *"'''■ 
count,  bonus,  gift,  contribution    or   reward    from,  or   any 
share   in  the  profits   of,   any   person,   firm   or   corporation 
making  or  performing  such  contract,  unless  such  member, 
officer,  or  employee  immediately  upon  learning  of  the  ex- 
istence of  such  contract  or  that  such  contract  is  proposed 
shall  notify  in  writing  the  municipal  council  or  school  com- 
mittee of  such  contract,  and  shall  abstain  from  doing  any 
official  act  on  behalf  of  the  city  in  reference  thereto.     In 
case  such  interest  exists  on  the  part  of  an  officer  whose  duty 
it  is  to  make  such  a  contract  on  behalf  of  the  city,  the 
contract  may  be  made  by  another  officer  of  the  city,  duly 
authorized  thereto  by  the  mayor,  or  if  the  mayor  has  such 
interest,   by  the  municipal   council  except,   however,   that 
when  a  contractor  with  the  city  is  a  corporation  or  volun- 
tary association,  the  ownership  of  less  than  five  per  cent 
of  the  stock  or  shares  actually  issued  shall  not  be  considered 
as  being  an  interest  in  the  contract  within  the  meaning  of 
this  act,  and  such  ownership  shall  not  aft'ect  the  validity 
of  the  contract,  unless  the  owner  of  such  stock  or  shares 
is  also  an  officer  or  agent  of  the  corporation  or  association, 
or  solicits  or  takes  part  in  the  making  of  the  contract.     A 
violation  of  any  provision  of  this  section  shall  render  the 
contract  in  respect  to  which  such  violation  occurs  voidable 
at  the  option  of  the  city.     Any  person  violating  the  pro- 
visions of  this  section  shall  be  punished  by  a  fine  of  not 
more  than  one  thousand  dollars,  or  by  imprisonment  for  not 
more  than  one  year,  or  by  both  such  fine  and  imprisonment. 


818 


Acts,  1911.  — CiiAP.  G80. —  Part  I. 


Administra- 
tive oIKcers. 


Powers  of 
municipril 
council  in 
removals  or 
suspension 
from  office, 
etc. 


ADMINISTRATIVE   OFFICERS. 

Section  37.  Subject  to  the  provisions  of  section  thirty- 
nine  of  this  act,  there  shall  be  the  following  administrative 
officers,  who  shall  perform  the  duties  by  law  prescribed  for 
tliem  respectively,  and  such  further  duties,  not  inconsistent 
with  the  nature  of  their  respective  offices  and  with  general 
laws,  as  the  municipal  council  may  prescribe:  A  city  clerk. 
A  city  treasurer,  who  may  be  collector  of  taxes.  A  city 
auilitor.  A  city  solicitor.  A  city  messenger.  A  city  physi- 
cian. A  city  engineer,  who  shall  be  superintendent  of  sewers 
and  superintendent  of  streets,  and  shall  have  the  powers  of 
surveyors  of  highways  and  the  powers  of  road  commissioners 
not  herein  otherwise  conferred.  A  board  of  assessors,  con- 
sisting of  three  persons.  Five  assistant  assessors,  one  from 
each  ward.  A  superintendent  of  water.  A  park  commis- 
sioner. A  board  of  registrars  of  voters,  consisting  of  three 
persons.  A  board  of  trustees  of  the  public  library,  consist- 
ing of  six  persons.  A  board  of  trustees  of  the  soldiers'  burial 
lot,  consisting  of  three  persons.  A  board  of  commissioners 
of  sinking  funds,  consisting  of  three  persons.  A  board  of 
overseers  of  the  poor,  consisting  of  three  persons.  A  board 
of  health,  consisting  of  three  persons.  A  superintendent  of 
public  buildings,  who  shall  also  be  inspector  of  buildings.  A 
superintendent  of  fire  alarms,  who  shall  also  be  inspector  of 
wires.  All  fees  received  by  any  official  of  the  city  shall  be 
paid  into  the  treasury  of  the  city. 

Section  38.  The  municipal  council  shall  have  power  to 
appoint,  suspend  or  remove  any  officer  whose  appointment 
is  provided  for  in  section  thirty-seven  or  shall  be  provided 
for  hereafter.  All  officers,  whether  heretofore  elected  or 
appointed,  or  appointed  hereunder,  shall,  except  as  is  other- 
wise provided  herein,  continue  in  office  at  the  pleasure  of 
the  municipal  council.  Appointments  to  any  office  or  board 
established  by  this  act  or  by  city  ordinance,  except  foremen 
and  day  laborers  and  such  offices  as  pertain  to  the  school 
committee,  shall  be  subject  to  the  following  provisions,  to 
wit:  Two  weeks  preceding  the  appointment  to  any  such 
office  or  board,  a  statement  of  the  position  or  positions 
to  be  filled  shall  be  published  in  at  least  one  newspaper  of 
the  city  under  the  signatures  of  the  municipal  council,  and 
they  shall  therein  recjuest  any  candidate  or  caiulidates  for 
said  position  or  positions  to  submit  his  or  their  candidacy 
in  writing  to  the  municipal  council.     Not  less  than  two  nor 


Acts,  1911.  — Cfiap.  ()80.  — Paiit  I.  819 

more  than  four  days  prior  to  said  appointment,  the  municipal 
council  shall  cause  to  be  published  on  tlie  front  page  of  at 
least  one  newspaper  of  the  city  a  list  of  the  names  of  all 
candidates  who  have  made  written  application  as  aforesaid; 
but  nothing  herein  contained  shall  prevent  the  municipal 
council  from  rejecting  any  and  all  applicants  and  advertising 
for  other  and  further  applications,  and  after  advertising  a 
second  time,  if  there  is  no  satisfactory  applicant,  the  council 
may  appoint  to  office  a  person  who  has  not  submitted  his 
candidacy  in  writing  as  aforesaid.  All  removals  from  ap- 
pointive offices  shall  be  accompanied  by  a  statement  of  the 
reasons  therefor,  under  the  signature  of  the  municipal 
council,  and  a  copy  of  the  statement  shall  be  filed  in  the 
office  of  the  city  clerk.  This  section  shall  not  apply  to 
officers  or  employees  now  or  hereafter  classified  under  civil 
service  laws. 

PROVISION  FOR  CHANGES. 

Section  39.  The  municipal  council  may  from  time  to  Additional 
time,  subject  to  the  provisions  of  this  act  and  in  accordance  i^^ds^'^'^ 
with  general  laws,  establish  additional  offices  and  boards, 
assign  them  to  the  proper  departments,  and  determine  the 
number  and  duties  of  the  incumbents  thereof;  and  for  such 
purposes  it  may  delegate  to  such  offices  and  boards  any  part 
of  the  administrative  powers  given  by  this  charter  to  the 
commissioners  hereinbefore  mentioned.  The  municipal  coun- 
cil may  also  from  time  to  time  consolidate  appointive  offices 
and  boards,  separate  and  distribute  the  powers  and  duties 
of  such  as  have  already  been  established,  increase  or  diminish 
the  number  of  persons  who  shall  perform  the  duties  of  any 
appointive  office  or  board,  or  abolish  any  appointive  office 
or  board  subject  to  the  pro\dsions  of  this  act  and  in  accordance 
with  general  laws. 

Section  40.     All  administrative  officers  shall  be  sworn  to  Administra- 
the  faithful  discharge  of  their  respective  duties,  and  certif-  belw^^'^^^ 
icates  of  their  oaths  shall  be  made  and  kept  in  the  office  of 
the  city  clerk.     All  administrative  boards  and  officers  shall 
keep  a  record  of  their  official  transactions,  and  such  records 
shall  be  open  to  public  inspection. 

BONDS. 

Section  41.     The  municipal  council  shall  require  the  city  Bonds, 
treasurer  and  collector  of  taxes  and  the  city  auditor  to  give 
bonds,  in  such  sums  and  with  such  surety  or  sureties  as  it 


820 


Acts,  1911.  — Chap.  680.  — Takt  I. 


Administra- 
tive boarfia, 
etc.,  to  give 
information, 
etc. 


shall  deem  proper,  for  the  faithful  discharge  of  their  respective 
duties,  and  may  require  any  other  municipal  officers  intrusted 
with  the  receipt,  care  or  disbursement  of  money  to  give  such 
a  bond.  No  city  money  shall  be  deposited  in  any  bank  or 
trust  company  of  which  any  member  of  the  board  of  sinking 
fund  commissioners  or  the  treasurer  of  said  sinking  fund  or 
the  treasurer  of  said  city  is  an  officer,  director  or  agent. 

Section  42.  Every  administrative  board,  through  its 
chairman  or  a  member  designated  by  the  board,  and  every 
officer  in  charge  of  a  department,  may  appear  before  the 
municipal  council,  and,  at  the  request  of  the  municipal 
council,  shall  appear  before  it,  and  give  information  in 
relation  to  anything  connected  with  the  discharge  of  the 
duties  of  such  board  or  office;  and  the  officer  who  appears 
shall  have  the  right  to  speak  upon  all  matters  under  con- 
sideration relating  to  his  department. 


Salaries. 


Members  of 
municipal 
council  not  to 
hold  otlicr 
offico. 


SALARIES. 

Section  43.  The  salary  of  the  mayor  shall  be  twelve 
lumdred  dollars  per  annum,  and  the  salary  of  each  aklerman 
one  thousand  dollars  per  annum.  These  salaries  shall  be 
payable  in  equal  monthly  instalments.  Upon  the  petition 
of  not  less  than  twenty-five  per  cent  of  the  aggregate  numbier 
of  registered  voters  in  the  city,  the  question  of  increasing 
or  decreasing  the  salaries  of  the  mayor  or  the  aldermen  shall 
be  printed  upon  the  ballot  at  the  next  annual  city  election 
in  substantially  the  following  manner:  "Shall  the  salary  of 
the  (mayor  or  aldermen)  be  increased  or  decreased  to  (amount 
petitioned  for)  per  annum?"  and  if  the  vote  is  in  the  affirm- 
ative, the  increase  or  decrease  shall  take  eft'ect  in  the  next 
municipal  year  thereafter. 

Section  44.  No  member  of  the  municipal  council  shall, 
during  the  term  for  which  he  was  chosen,  be  eligible,  either 
by  appointment  or  by  election  of  the  municipal  council,  to 
any  other  office  the  salary  of  which  is  payable  by  the  city, 
or  shall,  during  such  term,  hold  any  such  other  office. 


School  com- 
mittee, how 
constituted, 
otc. 


SCHOOLS. 

Section  45.  The  management  and  control  of  the  public 
schools  of  the  city  shall  be  vested  in  the  school  committee, 
consisting  of  the  mayor,  ex  officio,  and  four  other  members 
elected  in  accordance  with  the  pro\isioiis  of  this  act.    Three 


Acts,  1911.  —  Chap.  G80.  —  Part  I.  821 

of  its  members  shall  constitute  a  quorum,  and  its  meetings 
shall  be  public.  All  final  votes  of  the  school  committee 
involving  the  expenditure  of  fifty  dollars  or  over  shall  be  by 
yeas  and  nays,  and  shall  be  entered  on  the  records,  and  on 
request  of  one  member  any  vote  shall  be  by  yeas  and  nays, 
and  shall  be  entered  upon  the  records.  The  affirmative 
vote  of  at  least  three  members  shall  be  necessary  for  the 
passage  of  any  order,  resolution  or  vote. 

Section  46.     No  site  for  a  school  building  shall  be  ac-  To  approve 
quired  by  the  city,  unless  the  approval  of  such  site  by  the  saiooUjuiid- 
school  committee  is  first  obtained.     No  plans  for  the  con-  "^s'*- <^^'^- 
struction  of  or  alterations  in  a  school  building  shall  be  ac- 
cepted, and  no  work  shall  be  begun  on  the  construction  or 
alteration  of  a  school  building,  unless  the  approval  of  the 
school  committee  therefor  is   first   obtained;    but   nothing 
herein  contained  shall  require  such  approval  for  the  making 
of  ordinary  repairs. 

Section  47.    The  school  committee  shall  meet  for  organ-  Meeting  of 
ization  on  the  Tuesday  next  after  the  first  Monday  in  January  mittee  for"" 
in  each  year.     The  committee  shall  be  the  judge  of  the  oj^samzation, 
election  and   qualifications  of  its  members,  and  shall  de- 
termine the  rules  for  its  proceedings,  except  as  is  otherwise 
provided  herein.     The  members  of  the  school  committee 
shall  be  sworn  to  the  faithful  discharge  of  their  duties. 

Section  48.  The  school  committee  shall  appoint  a  super-  superin- 
intendent  of  schools,  and  may  appoint  such  subordinate  school",  etc. 
officers  and  assistants,  including  janitors  of  school  buildings, 
as  it  may  deem  necessary  for  the  proper  discharge  of  its 
duties  and  the  conduct  of  its  business.  It  shall  define  their 
terms  of  service  and  their  duties  and  shall  fix  their  compen- 
sation, and  may  suspend  or  remove  them  at  pleasure.  No 
member  of  the  school  committee,  except  the  mayor,  shall, 
during  the  term  for  which  he  is  elected,  hold  any  other  office 
or  position  the  salary  or  compensation  for  which  is  payable 
out  of  the  city  treasury. 

Section  49.    The  school  committee,  in  addition  to  the  Temporary 
powers  and  duties  pertaining  by  law  to  school  committees,  tk^Mfor"  ^" 
shall  have  power  to  provide,  when  they  deem  it  necessary,  ^°^^'^°^^'  ^'■<'- 
temporary  accommodations  for  school  purposes,  and  shall 
have  the  control  of  all  school  buildings  and  of  the  grounds 
connected  therewith. 


822 


Acts,  1911.  — Ciiap.  680.  — Paiit  I. 


Vacancy  in 
municipal 
council,  how 
filled,  etc. 


Vacancy  in 
oHico  of 
mayor,  etc. 


Vacancy  in 
Bchool  com- 
mittee, etc. 


VACANCIES. 

Section  50,  If  there  is  a  vacancy,  by  failure  to  elect  or 
otherwise,  in  the  municipal  council,  whether  as  to  the  mayor 
or  one  or  more  aldermen,  the  council  shall,  by  its  remaining 
members,  call  a  special  city  election  to  fill  the  vacancy  or 
vacancies  for  the  unexpired  term  or  terms  respectively, 
except  that  if  such  vacancy  or  vacancies  occur  within  four 
months  prior  to  the  annual  city  election,  the  municipal 
council  shall,  by  its  remaining  members,  fill  such  vacancy 
or  vacancies  for  the  unexpired  term  or  terms  respectively. 
A  person  elected  to  fill  any  such  vacancy  shall,  before  entering 
upon  the  duties  of  his  office,  make  oath  before  the  city  clerk 
or  a  justice  of  the  peace  faithfully  to  perform  the  same. 

Section  51.  Upon  the  death,  resignation  or  absence  of 
the  mayor,  or  upon  his  inability  to  perform  the  duties  of 
his  office,  the  president  of  the  municipal  council  shall  perform 
them,  and  if  he  also  is  absent,  or  unable  from  any  cause  to 
perform  said  duties,  they  shall  be  performed  by  such  member 
of  the  municipal  council  as  it  may  from  time  to  time  elect, 
until  the  mayor  or  president  of  the  municipal  council  is  able 
to  attend  to  the  said  duties,  or  until  the  vacancy  is  filled, 
as  hereinafter  provided.  The  j^erson  upon  whom  the  said 
duties  devolve  shall  be  called  "acting  mayor",  and,  except 
as  is  otherwise  provided  in  this  act,  shall  possess  the  powers 
of  mayor. 

Section  52.  If  there  is  a  vacancy  in  the  school  com- 
mittee, by  failure  to  elect  or  otherwise,  the  municipal  council 
and  the  remaining  members  of  the  school  committee  shall 
meet  in  joint  convention  and  elect  a  suitable  person  to  fill 
the  vacancy  for  the  unexpired  term.  The  mayor,  if  present, 
shall  preside  at  such  convention. 


recall. 

Re'-aii.  Section  53.     The  holder  of  any  elective  office  may  be 

removed  at  any  time  by  the  voters  qualified  to  vote  at 
city  elections,  and  the  ])rocedure  to  elloct  his  removal  shall 
be  as  follows:  A  petition  signed  by  a  number  of  the  voters 
of  the  city  qualified  to  vote  at  city  elections  equal  to  at 
least  twenty-five  per  cent  of  the  aggregate  number  of 
registered  voters  in  the  city,  and  demanding  an  election  of 
a  successor  of  the  ]KM'son  sought  to  be  removed,  shall  be 
filed   in   the   office   of   the   city    clerk.     The   petition   shall 


Acts,  1911.  — Chap.  680.  — Part  I.  823 

contain  a  general  statement  of  the  grounds  for  which  the 
removal  is  sought.  It  need  not  be  on  one  paper,  but  may 
consist  of  several  distinct  papers,  each  containing  the  said 
demand,  and  substantially  upon  the  same  grounds;  and 
all  papers  containing  such  demand  and  statement,  which 
in  any  one  day  shall  be  filed  in  the  office  of  the  city  clerk, 
shall  be  deemed  parts  of  the  same  petition.  Each  signer 
shall  add  to  his  signature  his  place  of  residence,  on  the 
preceding  first  day  of  April,  giving  the  street  and  street 
number,  if  any.  One  signer  of  every  such  paper  shall 
make  oath  upon  his  information  and  belief,  before  a  notary 
public  or  a  justice  of  the  peace,  that  the  statements  therein 
made  are  true,  and  that  each  signature  to  the  paper  is  the 
genuine  signature  of  the  person  whose  name  it  purports 
to  be. 

Within  ten  days  after  the  date  of  filing  the  petition  the  Duties  of  city 
city  clerk,  with  the  assistance  of  the  registrars  of  voters,  of^recauretcf 
shall  examine  the  petition  to  ascertain  whether  or  not  it 
is  signed  by  the  requisite  number  of  qualified  voters,  as 
above  described,  and  shall  attach  to  the  petition  a  cer- 
tificate, showing  the  result  of  his  examination.  If,  from 
the  city  clerk's  certificate,  the  petition  appears  not  to  be 
signed  by  the  requisite  number  of  voters,  it  may  be  sup- 
plemented within  ten  days  after  the  date  of  the  certificate 
by  other  papers  signed  and  sw^orn  to  as  aforesaid,  and  all 
other  papers  containing  a  like  demand  and  statement,  and 
signed  and  sworn  to  as  aforesaid,  which  shall  be  filed  with 
the  city  clerk  within  the  said  ten  days,  shall  be  deemed 
supplemental  to  the  original  petition. 

The  city  clerk  shall,  within  ten  days  after  such  supple- 
mentation, make  a  like  examination  of  the  amended  peti- 
tion, and  attach  thereto  a  new  certificate,  and,  if  it  appears 
from  such  new  certificate  that  the  petition  is  still  insufficient 
as  to  the  number  of  signers  as  aforesaid,  it  shall  be  returned 
to  the  person  or  persons  filing  the  same,  without  prejudice, 
however,  to  the  filing  of  a  new  petition  to  the  same  effect. 

If  the  petition,  as  originally  filed,  or  as  supplemented, 
shall  be  certified  by  the  city  clerk  to  be  sufficient,  he  shall 
present  the  same  to  the  municipal  council  without  delay, 
and  the  municipal  council  shall  call  the  election  so  de- 
manded, and  shall  fix  a  date  for  holding  the  same,  which 
shall  be  not  less  than  sixty  nor  more  than  seventy  days  after 
the  date  of  the  presentation  of  the  petition  by  the  city 
clerk  to  the  municipal  council.    The  municipal  council  shall 


824 


Acts,  1911.  —  Chap.  G80.  —  Part  I. 


Duties  of  city 
clerk  in  cases 
of  recall,  etc. 


make  or  cause  to  be  made  all  arrangements  for  holding 
such  election,  and  the  same  shall  be  held  and  conducted, 
returns  thereof  made  and  the  result  thereof  declared  in  all 
respects  as  in  the  case  of  other  city  elections.  The  suc- 
cessor of  any  officer  so  removed  shall  hold  the  office  during 
the  unexpired  term  of  his  predecessor.  Any  person  sought 
to  be  removed  may  be  a  candidate  at  the  election,  and 
unless  he  requests  otherwise  in  writing,  the  city  clerk  shall 
place  his  name  on  the  official  ballots  without  nomination. 
The  candidate  receiving  the  highest  number  of  votes  shall 
be  declared  elected.  If  some  person  other  than  the  incum- 
bent receives  the  highest  number  of  votes,  the  incuml)ent 
shall  thereupon  be  deemed  to  be  removed  from  the  office. 
In  case  a  person,  other  than  the  incumbent,  receiving  the 
highest  number  of  votes  shall  fail  to  make  oath  before  the 
city  clerk  or  a  justice  of  the  peace,  within  thirty  days  after 
his  election,  faithfully  to  perform  the  duties  of  the  office, 
the  office  shall  be  deemed  vacant.  If  the  incumbent  re- 
ceives the  highest  number  of  votes,  he  shall  continue  in 
office  until  the  end  of  the  term  which  he  was  serving  at 
the  time  of  the  said  election,  unless  sooner  removed  there- 
from by  new  and  like  proceedings.  The  name  of  no  can- 
didate, other  than  that  of  the  person  sought  to  be  removed, 
shall  be  printed  on  the  official  ballots  to  be  used  at  the 
election,  unless  the  candidate  be. nominated  as  hereinbefore 
provided,  at  a  preliminary  election  for  nomination. 


INITIATIVE. 

Initiative.  ,  SECTION  54.  If  a  petition,  signed  by  a  number  of  the 
voters  of  said  city,  qualified  to  vote  at  city  elections,  equal 
to  at  least  twenty-five  per  cent  of  the  aggregate  number  of 
registered  voters  in  the  city,  and  requesting  the  municipal 
council  to  pass  a  measin-e  therein  set  forth  or  referred  to, 
shall  be  ffied  in  the  office  of  the  city  clerk,  the  municipal 

Proviso.  council  shall:    provided,   that   said   measure   be  one  which 

the  municipal  council  shall,  after  this  act  takes  effect,  have 
a  legal  right  to  pass,  (a)  pass  said  measure  without  altera- 
tion, within  twenty  days  after  the  attachment  of  the  city 
clerk's  certificate  of  sufficiency  to  the  petition,  or  (h)  forth- 
with, after  the  expiration  of  twenty  days  after  the  attach- 
ment of  the  said  certificate  of  sufficiency  to  the  i)etition, 
call  a  special  election,  unless  an  annual  city  election  is 
fixed  to  occur  within  ninetv  da>s  after  the  attachment  of 


Acts,  1911.— Chap.  680.  — Part  I.  825 

the  certificate  of  sufficiency,  and  at  such  special  election,  initiative. 
or  annual  city  election,  if  one  is  so  fixed,  submit  the  said 
measure  without  alteration  to  the  voters  of  the  city  quali- 
fied as  aforesaid. 

If,  however,  a  petition  otherwise  like  the  above  described 
petition,  but  signed  by  a  number  of  such  qualified  voters 
equal  to  at  least  ten  per  cent,  but  less  than  twenty-five 
per  cent  of  the  aggregate  number  of  registered  voters  in 
the  city,  shall  be  filed  as  aforesaid,  the  municipal  council 
shall  (c)  pass  the  measure  therein  set  forth  or  referred  to, 
without  alteration,  within  twenty  days  after  the  attachment 
of  the  certificate  of  sufficiency,  or  (d)  submit  the  same  with- 
out alteration  to  the  qualified  voters  of  the  city  at  the  next 
annual  city  election. 

The  votes  upon  the  measure  at  an  annual  city  election, 
or  at  a  special  election,  shall  be  taken  by  ballot  in  answer  to 
the  question,  "Shall  the  measure  (stating  the  nature  of 
the  same)  be  passed  (or  repealed)?"  which  shall  be  printed 
on  the  ballots  after  the  list  of  candidates,  if  there  be  any. 
If  a  majority  of  the  qualified  voters  voting  on  the  proposed 
measure  shall  vote  in  favor  thereof,  it  shall  thereupon  be- 
come a  valid  and  binding  measure  of  the  city;  and  no  such 
measure  passed  as  aforesaid  by  the  municipal  coimcil,  upon 
petition  as  aforesaid,  or  which  shall  be  adopted  as  aforesaid 
at  any  such  annual  city  election  or  special  election,  shall 
be  repealed  or  amended  except  by  the  qualified  voters  of 
the  city  at  an  annual  city  election  or  special  election. 

Any  number  of  measures  requested  by  petition  as  afore- 
said, may  be  voted  upon  at  the  same  election,  in  accord- 
ance with  the  provisions  of  this  section,  but  there  shall  not 
be  more  than  one  special  election  in  any  period  of  six  months 
for  that  purpose. 

The  municipal  council  may  submit  a  proposition  for  the 
repeal  of  any  measure,  or  for  amendments  thereof,  to  be 
voted  upon  at  any  succeeding  annual  city  election;  and 
if  the  proposition  so  submitted  receives  a  majority  of  the 
votes  cast  thereon  at  such  election,  the  measure  shall 
thereby  be  repealed  or  amended  accordingly.  The  votes 
upon  such  repeal  or  amendment  at  an  annual  city  elec- 
tion shall  be  taken  by  ballot  in  answer  to  the  question, 
"Shall  the  measure  (stating  the  nature  of  the  same)  be 
repealed  or  amended  (stating  the  nature  of  the  amend- 
ment)?" which  shall  be  printed  on  the  ballots  after  the 
list  of  candidates,  if  there  be  any.     Whenever  any  such 


820 


Acts,  1911.  — Chap.  680.  — Paiit  I. 


Initiative.  measuTe  OF  proposition  is  required  by  this  act  to  be  sub- 
mitted at  any  election  as  aforesaid,  the  city  clerk  shall 
cause  the  same  to  be  published  once  in  each  of  the  news- 
papers published  in  said  city;  such  publication  to  be  not 
more  than  twenty  nor  less  than  five  days  before  the  sub- 
mission of  the  ordinance  or  proposition  to  be  voted  on. 

Petitions  under  the  pro^'isions  of  this  section  may  con- 
sist of  one  or  more  distinct  papers.  In  each  of  such  papers 
the  measure,  the  passage  of  which  is  requested,  shall  be 
set  forth  or  referred  to,  and  all  such  papers  filed  in  any  one 
day  in  the  office  of  the  city  clerk  shall  be  deemed  to  be  parts 
of  the  same  petition.  The  petitions  shall  be  signed,  sworn 
to  as  to  signatures,  examined,  re-examined,  presented  to 
the  municipal  council,  shall  have  the  city  clerk's  certificate 
of  sufficiency  or  insufficiency  attached  thereto,  and  may 
be  supplemented  in  the  same  manner  as  petitions  filed 
under  section  fifty-three. 

Any  measure  passed  under  the  provisions  of  this  section 
by  the  municipal  council  upon  petition,  or  by  the  voters, 
may  prescribe  such  penalty  for  its  violation  as  the  munic- 
ipal council,  after  this  act  takes  effect,  shall  have  a  right 
to  affix  to  a  like  measure  for  a  breach  thereof. 


REFERENDUM. 

Referendum.  Section  55.  If,  duriug  the  tcu  days  next  following  the 
passage  of  a  measure  by  the  municipal  council,  a  petition, 
signed  by  a  number  of  the  voters  of  the  said  city,  qualified 
to  vote  at  city  elections,  equal  to  at  least  twenty-fi\e  per 
cent  of  the  aggregate  number  of  registered  voters  in  the 
city  and  protesting  against  the  passage  of  such  measure, 
shall  be  filed  in  the  office  of  the  city  clerk,  the  measure 
shall  be  suspended  from  going  into  operation,  and  it  shall  be 
the  duty  of  the  inunicii)al  council  to  reconsider  the  same, 
and  if  it  is  not  wholly  repealed,  the  municipal  council  shall 
submit  it,  as  is  provided  in  sub-division  (Jj)  of  section 
fifty-four,  to  the  qualified  voters  of  the  city,  and  the  said 
measure  shall  not  go  into  effect  or  become  operative  unless 
a  majority  of  the  voters,  qualified  as  aforesaid,  voting  on 
the  same,  shall  vote  in  favor  theret)f.  The  votes  upon 
such  a  measure  at  an  annual  city  election,  or  at  a  special 
election,  shall  be  taken  by  ballot  in  answer  to  the  question, 
"Shall  the  measure  (stating  the  nature  of  the  same)  take 
efi'ccty"  which  shall  be  ])rinted  on  the  ballots  after  the 
list  of  candidates,  if  there  be  an  v. 


Acts,  1911.  — Chap.  680.  — Pakt  I.  827 

Petitions  under  the  provisions  of  this  section  may  consist 
of  one  or  more  distinct  papers.  In  each  of  such  papers 
the  measure,  the  passage  of  which  is  protested,  shall  be 
set  forth  or  referred  to,  and  all  such  papers  filed  in  any 
one  day  shall  be  deemed  to  be  parts  of  the  same  petition. 
The  petitions  shall  be  signed,  sworn  to  as  to  signatures, 
examined,  re-examined,  presented  to  the  municipal  council, 
sliall  have  the  city  clerk's  certificate  of  sufficiency  or  insuffi- 
ciency attached  thereto,  and  may  be  supplemented  in  the 
same  manner  as  petitions  filed  under  section  fifty-three. 

Section  56.     It  shall  not  be  necessary  for  the  validity  vaiuiityof 
of  an}^  petition  or  statement  provided  for  or  required  by    '^    °  ' 
the  provisions  of  this  act  that  any  signer  thereof  add  to 
his  signature  any  residence  other  than  the  name  of  the 
street,  and  street  number,  if  there  be  any,  at  which  he 
resided  on  the  previous  first  day  of  April. 

fL\LLS  TO   BE   FURNISHED   FOR   USE   OF  CANDIDATES. 

Section  57.     The   municipal   council   upon   the   wi'itten  Haiistobe 
request  of  a  candidate  or  candidates  at  any  election  pro-  candidates?"^ 
vided  for  in  this  act  shall  furnish  for  the  use  of  such  can-  '^'^''" 
didate  or  candidates  a  hall  for  the  purpose  of  enabling  him 
or  them  to  address  the  citizens   upon   matters  of  public 
interest:    yromded,   however,  that  nothing  herein  contained  p^^'^o. 
shall  require  the  furnishing  of  a  hall  more  than  once  to  any 
one  candidate. 

circulars  to  be  sent  to  voters. 

Section  58.  The  municipal  council  shall  cause  a  cir-  circulars. 
cular  to  be  sent  to  every  registered  voter  in  the  city  at 
least  three  days  before  any  election  provided  for  in  this 
act,  stating  the  name,  residence,  age  and  occupation  of 
every  candidate  and  the  public  offices  which  he  has  held, 
if  any.  A  candidate  may  in  a  statement,  not  exceeding 
one  hundred  words,  give  his  position  or  views  upon  any 
public  measure  that  has  been  before  the  council  or  that  may 
come  before  the  council. 

corrupt  practices. 

Section  59.     Any  person  who  shall  perform  services  in  Penalty. 
the  interest  of  a  candidate  for  any  office  provided  for  in 
this  act,  in  consideration  of  money  or  other  valuable  thing 
paid  or  to  be  paid  for  such  services,  shall  be  punished  by 


828 


Acts,  1911.  — CiiAr.  680. —  Part  I. 


Same  subject. 


Repeal,  etc. 


Provisoa. 


Timo  of  taking 
ertecc. 


a  fine  not  exceeding  three  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  for  not  more  than  thirty  days. 

Section  60.  Any  candidate  for  office,  or  any  officer,  who 
shall  directly  or  indirectly  give  or  promise  any  person  or 
persons  either  money  or  any  other  valuable  thing  for  ser- 
vices performed  or  to  be  performed  in  the  interest  of  any 
candidate  shall  be  punished  by  a  fine  not  exceeding  three 
hundred  dollars,  or  be  imprisoned  in  the  county  jail  for  a 
term  not  exceeding  thirty  days. 

Section  61.  All  special  acts  and  parts  of  special  acts 
applying  to  the  city  of  Chelsea  inconsistent  herewith  are 
hereby  repealed,  and  all  general  acts  and  parts  of  general 
acts  inconsistent  herewith  shall  not  hereafter  apply  to  the 
city  of  Chelsea:  provided,  however,  that  this  repeal  shall 
not  affect  any  act  done  or  anj'^  right  accruing  or  accrued 
or  established,  or  any  suit  or  proceeding  had  or  begun 
in  any  civil  case  before  the  time  when  such  repeal  takes 
effect,  and  that  no  offences  committed  and  no  penalty 
or  forfeitures  incurred  under  the  acts  or  parts  of  acts  hereby 
repealed  shall  be  affected  by  the  repeal;  and  yrovided, 
also,  that  all  persons  who  at  the  time  when  said  repeal 
takes  effect  shall  hold  any  office  under  said  acts  shall  con- 
tinue to  hold  the  same  according  to  the  tenure  thereof, 
except  as  is  otherwise  provided  herein,  and  provided,  also, 
that  all  ordinances  of  the  city  of  Chelsea  in  force  at  the 
time  when  said  repeal  takes  eflfect,  and  not  inconsistent 
with  the  provisions  of  this  act,  shall  continue  in  force  until 
the  same  are  repealed  or  amended,  and  all  officers  elected 
under  such  ordinances  shall  continue  in  office  according 
to  the  tenure  thereof,  except  as  is  otherwise  provided  herein, 
and  provided,  further,  that  nothing  herein  contained  shall 
in  any  way  change  the  laws  or  regulations  governing  the 
civil  service. 

Section  62.  If  Part  I  of  this  act  be  accepted,  it  sliall 
take  effect  upon  its  acceptance  for  the  animal  city  election 
to  be  held  on  the  Tuesday  following  the  second  ^Monday 
of  December  in  the  year  nineteen  hundred  and  eleven,  for  _ 
the  preliminary  election  for  nominations,  to  be  held,  under 
the  provisions  of  this  part,  on  the  third  Tuesday  preceding  the 
aforesaid  annual  city  election,  for  the  statements  of  candi- 
dates and  ])etitions  accompanying  statements  of  candidates 
to  be  filed  by  persons  whose  names  are  to  be  printed  on 
the  official  l)all()ts  to  be  used  at  such  preliminary  election, 
and  for  all  things  which  appertain  and  relate  to  said  annual 


Acts,  1911.  — Chap.  680.  — Part  II.  829 

city  election,  preliminary  election,  statements  of  candidates 
and  petitions  accompanying  statements  of  candidates;  and 
it  shall  take  effect  for  all  other  purposes  at  ten  o'clock  in 
the  forenoon  on  the  first  JNIonday  of  January,  in  the  year 
nineteen  hundred  and  twelve. 


PART  II. 

Plan  Two. 

Section  1.    The  inhabitants  of  the  city  of  Chelsea  shall  ^1*^,^°^ 
continue  to  be  a  body  politic  and  corporate,  under  the  name  Part  ii.' 
of  the  City  of  Chelsea,  and  as  such  shall  have,  exercise  and 
enjoy  all  the  rights,  powers,  privileges  and  immunities,  and 
shall  be  subject  to  all  the  duties  and  obligations  pertaining 
to  and  incumbent  upon  said  city  as  a  municipal  corporation. 

Section  2.     The  territory  of  the  city  shall  continue  to  Wards. 
be  divided  into  five  wards,  which  shall  retain  their  present 
boundaries  until  the  same  shall  be  changed  under  the  general 
law  relating  thereto. 

Section  3.  The  government  of  the  city  and  the  gen-  covemnient 
eral  management  and  control  of  all  its  affairs  shall  be  vested  °^  *''''  *'''^" 
in  a  single  officer,  to  be  called  the  mayor,  and  in  a  legisla- 
tive body,  to  be  called  the  board  of  aldermen,  except,  that 
the  general  management  and  control  of  the  public  schools 
of  the  city  and  of  the  property  pertaining  thereto  shall  be 
vested  in  a  school  committee. 

Section  4.     The  board  of  aldermen  shall  consist  of  nine  Board  of 
members,  five  elected  by  wards,  one  from  each  ward  by  ^''^^™^°- 
and  from  the  qualified  voters  of  the  ward,  for  terms  of  one 
year,  and  four  aldermen  at  large  elected  by  and  from  the 
qualified  voters  of  the  city  for  terms  of  two  years,  except 
as  is  otherwise  provided  herein. 

Section  5.     The  school  committee  shall  consist  of  eleven  School 
members,  the  mayor  ex  officio,  and  ten  other  members  to  *=°™™'"^®- 
be  elected  by  wards,  two  from  each  ward,  by  and  from  the 
qualified  voters  of  the  ward,  for  terms  of  two  years,  except 
as  is  otherwise  provided  herein. 

Section  6.  The  mayor  shall  be  elected  by  and  from  the  Mayor,  eiec- 
qualified  voters  of  the  city,  and  shall  hold  office  for  one 
year  and  until  his  successor  is  elected  and  qualified,  except 
that  when  elected  to  fill  a  vacancy  he  shall  hold  office  only 
for  the  unexpired  term,  and  until  his  successor  is  elected 
and  qualified. 


tion,  term, 
etc. 


830 


Acts,  11)11.  — Chap.  680.  — Paiit  II. 


MunifitKiI 
election  iiiid 
municipal 
year. 


Term  of  office. 


Election  of 
mayor, 
aldermen,  etc. 


Preliminary 
election  of 
candidates, 
etc. 


Time  of  hold- 
inc  pro- 
limiimry 
election,  etc. 


ELECTIONS. 

Section  7.  The  municipal  election  shall  be  held  annually 
on  the  Tuesday  following  the  second  Monday  in  December, 
and  the  municipal  and  fiscal  year  shall  begin  at  eight  o'clock 
in  the  evening  of  the  first  Monday  in  January,  and  continue 
until  eight  o'clock  in  the  evening  of  the  first  Monday  in  the 
following  January. 

Section  S.  The  term  of  each  municipal  officer  elected 
hereunder  shall  begin  with  the  municipal  year  following  his 
election. 

Section  9.  In  the  year  nineteen  hundred  and  eleven 
there  shall  be  elected  at  the  annual  city  election  of  said 
city  two  aldermen  at  large  and  five  members  of  the  school 
committee,  one  from  each  ward,  for  the  term  of  the  two 
municipal  years  next  ensuing.  There  shall  also  be  elected 
at  said  annual  city  election  in  the  year  nineteen  hundred 
and  eleven  a  mayor,  two  aldermen  at  large,  one  alderman 
from  each  ward  and  five  members  of  the  school  committee, 
one  from  each  ward,  for  the  municipal  year  next  ensuing. 
In  the  year  nineteen  hundred  and  twelve  and  in  every  year 
thereafter  there  shall  be  elected  at  the  annual  city  election 
two  aldermen  at  large  and  five  members  of  the  school  com- 
mittee, one  from  each  ward,  for  the  two  municipal  years 
next  ensuing,  and  a  mayor  and  five  aldermen,  one  from 
each  ward  for  the  municipal  year  next  ensuing. 

vSection  10.  Except  as  is  otherwise  provided  in  section 
seventy-six  of  this  charter  there  shall  not  be  printed  on  the 
official  ballots  to  be  used  at  any  annual  or  special  city  elec- 
tion of  said  city  the  name  of  any  person  as  a  candidate 
for  mayor,  alderman  or  member  of  the  school  committee 
unless  such  person  be  nominated  as  such  candidate  at  a 
preliminary  election  for  nominations  to  be  held  as  provided 
in  this  act.  There  shall  not  be  printed  on  the  official  ballots 
to  be  used  at  said  preliminary  elections  the  name  of  any 
person  as  a  candidate  for  nomination  unless  such  person 
shall  have  filed,  within  the  time  limited  by  section  fourteen 
of  this  charter,  the  statement  of  a  candidate  and  the  peti- 
tion accompanying  the  statement  described  in  section 
fourteen. 

Section  11.  On  the  third  Tuesday  preceding  every  an- 
nual or  special  city  election  at  which  any  officer  mentioned 
in  section  three  is  to  be  elected  there  shall  be  held  a  pre- 


Acts,  1911.  — Chap.  680.  —  Pakt  II.  831 

liminary  election  for  nominations  for  the  purpose  of  nomi-  Time  of  holding 
nating  candidates  for  such  offices  as,  under  the  provisions  eiection?etc. 
of  this  act,  are  to  be  filled  at  such  annual  or  special  city 
election.  No  special  election  for  the  election  of  mayor 
or  an  alderman  shall  be  held  until  after  the  expiration  of 
forty  days  from  the  calling  of  the  preliminary  election  for 
nominations,  which  under  the  provisions  of  this  act  is  to 
be  held  on  the  third  Tuesday  preceding  such  special  elec- 
tion. At  every  preliminary  election  for  nominations  the 
polls  shall  be  opened  at  twelve  o'clock  noon  and  kept  open 
until  nine  o'clock  in  the  evening;  and,  except  as  is  other- 
wise provided  in  this  act,  every  such  preliminary  election 
for  nominations  shall  be  called  by  the  same  officers  and  held 
in  the  same  manner  as  an  annual  city  election,  and  polling 
places  shall  be  designated,  provided  and  furnished,  official 
ballots,  special  ballots,  ballot  boxes,  voting  lists,  specimen 
ballots,  blank  forms,  apparatus  and  supplies  shall  be  pro- 
vided for  every  such  preliminary  election  for  nominations 
in  the  same  number,  kind  and  manner,  and  by  the  same 
officials,  as  at  an  annual  city  election,  and  the  same  elec- 
tion officers  shall  officiate  as  at  an  annual  city  election. 

Section  12.     The  provisions  of  law  relating  to  election  certain 
officers,  voting  places  for  elections,  election  apparatus  and  onlTto^ 
blanks,  calling  and  conduct  of  elections,  manner  of  voting  ^pp^y- 
at  elections,  counting  and  recounting  of  votes  at  elections, 
corrupt   practices,   and   penalties,   shall   apply  to  the  said 
preliminary  elections  for  nominations,  except  as  is  other- 
wise provided  in  this  act. 

Section  13.  When  no  convenient  wardroom  for  holding  piaceof 
a  meeting  of  the  qualified  voters  of  a  ward,  either  for  the  fngg.'"^  ™®^'' 
purpose  of  voting  at  an  election  or  for  any  other  lawful 
purpose  can  be  had  within  the  territorial  limits  of  that 
ward,  the  board  of  aldermen  may  appoint  and  direct  that 
the  meeting  be  held  in  some  convenient  place  within  the 
limits  of  an  adjacent  ward  of  the  city;  and  for  such  purpose 
the  place  so  assigned  shall  be  deemed  to  be  a  part  of  the 
ward  for  which  the  meeting  or  election  is  held. 

Section  14.     Any  person  who  is  qualified  to  vote  for  a  Names  of 
candidate  for  mayor,  alderman  or  member  of  the  school  printed  on  ^^ 
committee,  and  who  is  a  candidate  for  nomination  for  such  '^^'^ot- 
office  may   have  his   name,   as  candidate,   printed  on  the 
official  ballots  to  be  used  at  a  preliminary  election  for  nom- 
inations, provided  that  he  shall,  at  least  ten  days  prior  to 


832  Acts,  1911.  — Chap.  680.  — Paht  II. 

the  preliminary  election  for  nominations,  file  with  the  city 
clerk  a  statement  in  writing  of  his  candidacy  in  substan- 
tially the  following  form:  — 


Form  of 
sUitcnicnt  of 


STATEMENT   OF   CANDIDATE. 


I,   (  ),  on  oath  declare  that 

candidate.  J  rcsidc  at  (niimbcr,  if  any,)  on  (name  of  street,)  in  the  city 
of  Chelsea;  that  I  am  a  voter  therein,  qualified  to  vote  for 
a  candidate  for  the  hereinafter  mentioned  office;  that  I  am 
a  candidate  for  nomination  for  the  office  of  (mayor,  alder- 
man or  member  of  the  school  committee)  for  (state  the 
term),  to  be  voted  for  at  the  preliminary  election  for  nom- 
inations to  be  held  on  Tuesdav,  the  dav  of  , 
19  ,  and  I  request  that  my  name  be  printed  as  such 
candidate  on  the  official  ballots  to  be  used  at  said  prelim- 
inary election  for  nominations. 

(Signed.) 

COMMONWEALTH   OF   MASSACHUSETTS. 

Suffolk,  SS. 

Subscribed  and  sworn  to  on  this  day  of 

19     ,  before  me.  (Signed.) 

Justice  of  the  Peace  (or 
Notary  Public.) 
Petition.  and  at  the  same  time  shall  file  therewith  a  petition  of  at 

least  twenty-five  voters  of  the  city  ciualified  to  vote  for  a 
candidate  for  the  said  office.  The  petition  shall  be  in  sub- 
stantially the  following  form:  — 

PETITION   ACCOMPANYING   STATEMENT   OF   CANDIDATES. 

Form  of  Whereas   (name  of  candidate)   is  a  candidate  for  nomi- 

petitioa.  nation  for  the  office  of  (mayor,  alderman  or  member  of  the 

school  committee)  for  (state  the  term),  we,  the  unclersigned 
voters  of  the  city  of  Chelseja,  duly  ciualified  to  vote  for  a 
candidate  for  that  office,  do  hereby  request  that  the  name 
of  said  (name  of  candidate),  as  a  candidate  for  nomination 
for  said  office,  be  printed  on  the  official  ballots  to  be  used 
at  the  preliminarv  election  for  nominations  to  be  held  on 
the  Tuesday   of  ,    19     .     We   fur- 

ther state  that  we  believe  him  to  be  of  good  moral  character 
and  qualified  to  jxjrform  the  duties  of  the  office. 


Acts,  1911.  — Chap.  680.  —  Paut  11.  833 


Names  of  Voters. 


Street  number, 
if  any. 


Street. 


No  acceptance  by  a  candidate  for  nomination  named  in  Acceptance 
the  petition  shall  be  necessary  for  its  validity,  or  for  its  "^^  necessary. 
filing,  and  the  petition  need  not  be  sworn  to. 

Section  15.     Women  who  are  qualified  to  vote  for  mem-  Women  may 

1  i?    xl  11  "j-x  l_  T  1    X         J!  •      be  canflidales 

ber  01  the  school  committee  may  be  candidates  tor  nomi-  for  school 
nation  for  that  office  at  any  preliminary  election  for  nomi-  '^on^™"'*®^. 
nations  at  which  candidates  for  nomination  for  that  office 
are  to  be  voted  for,  and,  at  such  preliminary  election  for 
nominations,  may  vote  for,  and  only  for,  candidates  for 
nomination  for  that  office.  They  shall  file  the  hereinbe- 
fore described  statement  of  a  candidate,  and  the  petition 
accompanying  the  statement  of  the  candidate  in  all  cases 
where  the  same  are  herein  required  to  be  filed  by  male 
candidates  for  nominations  for  the  same  office. 

Section  16.  On  the  first  day,  not  being  Sunday  or  a  Names  of 
legal  holiday,  following  the  expiration  of  the  time  for  filing  be°pib!is1ded. 
the  above  described  statements  and  petitions,  the  city  clerk 
shall  cause  to  be  published  in  one  or  more  newspapers 
published  in  the  city  the  names  and  residences  of  the  can- 
didates for  nomination  who  have  duly  filed  the  above  men- 
tioned statements  and  petitions,  and  the  offices  and  terms 
for  which  they  are  candidates  for  nomination,  as  they  are 
to  appear  on  the  official  ballots  to  be  used  at  the  preliminary 
election  for  nominations.  The  city  clerk  shall  thereupon 
prepare  the  ballots  to  be  used  at  the  preliminary  election 
for  nominations  and  shall  cause  them  to  be  printed,  and  the 
ballots  so  prepared  shall  be  the  official  ballots  and  the  only 
ballots  used  at  such  preliminary  election  for  nominations. 
They  shall  be  headed  as  follows :  — 

OFFICIAL   PRELIMINARY   BALLOT. 

Candidates   for   Nomination  for  Mavor,   Alderman  and  ^^,f^?  „„, 

"  .  T-k     !•      •     preliminary 

School  Committee  of  the  City  of  Chelsea.     At  a  Prelimi-  baiiot. 
nary  Election  for  Nominations  Held  on  the  Day  of 

in  the  Year  Nineteen  Hundred  and 
(The   heading   shall   be   varied   in   accordance   with   the 
offices  for  which  nominations  are  to  be  made.) 


834 


Acts,  1911.  — Chap.  680.  —  Pakt  IL 


Names  of 
persona  filing 
statement, 
etc.,  to  be 
printed  on 
ballot. 


Section  17.  The  name  of  each  person  who  has  filed  a 
statement  and  accompanynig  petition  as  aforesaid,  and  his 
residence,  and  the  title  and  term  of  the  office  for  which  he 
is  a  candidate  for  nomination,  shall  be  printed  on  said  bal- 
lots, and  the  names  of  no  other  candidate  shall  be  printed 
thereon.  Blank  spaces  shall  be  left  at  the  end  of  each  list 
of  candidates  for  nomination  for  the  different  offices,  equal 
to  the  number  to  be  nominated  therefor,  in  which  the  voter 
may  insert  the  name  of  any  person  not  printed  on  the  ballot 
for  whom  he  desires  to  vote  for  nomination  for  the  office. 
There  shall  be  printed  on  said  ballots  such  directions  as 
will  aid  the  voter;  for  example,  "vote  for  one",  "vote  for 
two",  and  the  Hke.     Special  ballots,  headed:  — 


Official 
preliminary 
ballot  for 
school  com- 
mittee. 


OFFICIAL  PRELIMINARY   BALLOT, 

Candidates  for  Nomination  for  INIembers  of  School  Com- 
mittee of  the  City  of  Chelsea.  At  a  Preliminary  Election 
for  Nominations  Held  on  the  Day  of  in 

the  Year  Nineteen  Hundred  and  and  contain- 

ing the  names  and  residences  of  the  same  candidates  for 
nomination  for  member  of  the  school  committee  as  are  on 
the  regular  official  ballots,  furnished  for  such  preliminary 
election  for  nominations,  and  the  title  and  term  of  that 
office,  shall  be  prepared  in  like  manner  and  printed  for  the 
use  of  women  qualified  to  vote  for  members  of  the  school 
committee. 


Party 

designations 

abolished. 


Qualificationa 
of  voters. 


Counting  of 
ballots,  etc. 


PARTY   DESIGNATIONS  ABOLISHED, 

Section  IS,  No  ballot  used  at  any  annual  or  s])ecial 
city  election  or  at  any  preliminary  election  for  nominations 
shall  have  printed  thereon  any  party  or  political  designation 
or  mark,  and  there  shall  not  be  appended  to  the  name  of  any 
candidate  any  such  party  or  political  designation  or  mark, 
or  anything  showing  how  he  was  nominated,  or  indicating 
his  views  or  opinions. 

Section  19.  Voters  qualified  to  vote  at  a  city  election 
shall  be  qualified  to  vote  at  the  said  preliminary  election 
for  nominations. 

Section  20.  The  election  officers  shall,  immeiliately  upon 
the  closing  of  the  polls  at  preliminary  elections  for  nomi- 
nations, count  the  ballots  and  ascertain  the  number  of  votes 
cast  in  the  voting  places  where  they  officiate,  for  each  per- 


Acts,  1911.  — Chap.  G80.  — Part  II.  835 


son  for  nomination  for  each  office,  and  shall  make  return 
thereof  to  the  city  clerk  forthwith  upon  blanks  to  be  fur- 
nished, as  in  city  elections. 

Section  21.  On  the  first  day,  not  being  Sunday  or  a  Canvass  of 
legal  holiday,  following  the  preliminary  election  for  nom- 
inations, the  city  clerk  shall  canvass  said  returns,  so  received 
from  the  election  officers,  and  shall  forthwith  determine  the 
result  of  the  canvass  and  publish  the  same  in  one  or  more 
newspapers  published  in  said  city. 

NOMINATIONS. 

Section  22.  The  two  persons  receiving  at  a  preliminary  Nominations. 
election  for  nominations  the  highest  number  of  votes  for 
nomination  for  an  office  shall  be  the  candidates  and  the 
only  candidates  for  that  office  whose  names  shall  be  printed 
on  the  official  ballots  to  be  used  at  the  ensuing  annual  or 
special  city  election,  and  if  two  or  more  persons  are  to  be 
elected  to  the  same  office  at  such  annual  or  special  city 
election,  the  several  persons,  to  a  number  equal  to  twice 
the  number  so  to  be  elected,  receiving,  at  the  preliminary 
election  for  nominations  the  highest  number  of  votes  for 
nomination  for  that  office,  or  all  such  persons  if  less  than 
twice  the  number  of  those  so  to  be  elected,  shall  be  the 
candidates,  and  the  only  candidates,  for  that  office  whose 
names  shall  be  printed  on  the  official  ballots  to  be  used  at 
the  annual  or  special  city  election. 

Section  23.     No  acceptance  of  a  nomination  made  at  a  Acceptance  not 
preliminary  election  for  nominations  shall  be  necessary  for  ^^^'^^^^y- 
its  validity. 

Section  24.     At   city   elections,   other   than   the   above  Persons 
described  preliminary  elections  for  nominations,  the  person  hlghJsT^ 
receiving  the  highest  number  of  votes  for  an  office  shall  be  vot^^tobe 
deemed  and  declared  elected  to  that  office;  and  if  two  or  eiecTedletc. 
more  persons  are  to  be  elected  to  the  same  office,  the  several 
persons,  to  the  number  to  be  chosen  to  the  office,  receiving 
the  highest  number  of  votes  shall  be  deemed  and  declared 
to  be  elected;    but  persons  receiving  the  same  number  of 
votes  shall  not  be  deemed  to  be  elected  if  thereby  a  greater 
number  would  be  elected  than  are  by  law  to  be  chosen.     On 
ballots  to  be  used  at  annual  or  special  city  elections  blank 
spaces  shall  be  left  at  the  end  of  each  list  of  candidates  for 
the   different   offices,   equal  to   the   number  to   be  elected 
thereto,  in  which  the  voter  may  insert  the  name  of  any 


836 


Acts,  1911.  — Chap.  080.  — Part  11. 


Laws 

governing 

elections. 


Naniog  of 
candidates 
subject  to 
inspection. 


Order  in 
which  names 
appear  on 
ballot. 


person  not  printed  on  the  ballot  for  whom  he  desires  to 
vote  for  such  office. 

Section  25.  Except  as  otherwise  provided  in  this  act, 
the  laws  of  the  commonwealth  governing  annual  city  elec- 
tions, special  elections  of  city  officers  and  special  elections 
in  cities  shall,  so  far  as  they  may  be  applicable,  govern  such 
elections  in  the  said  city. 

Section  26.  The  names  of  candidates  appearing  on  nom- 
ination papers  shall,  when  filed  and  certified,  be  subject 
to  public  inspection,  and  the  certification  required  by  law 
shall  not  preclude  any  voter  from  filing  objections  to  the 
validity  of  a  nomination. 

Section  27.  The  order  in  which  the  names  of  candidates 
to  be  voted  for  at  any  municipal  election  or  at  any  pre- 
liminary election  for  nominations  shall  appear  on  the  official 
ballot,  shall  be  determined  by  the  board  of  aldermen  by 
drawing  lots,  at  a  meeting  of  said  board,  separate  drawings 
to  be  made  for  each  group  of  candidates  for  each  office.  In 
the  year  nineteen  hundred  and  eleven  the  said  drawings 
shall  be  made  by  the  board  of  control. 


Vacancies. 


vacancies. 

Section  28.  If  a  vacancy  in  the  office  of  maj^or  occurs 
more  than  six  months  previous  to  the  expiration  of  his 
term,  or  if  no  mayor  be  elected  at  the  annual  municipal 
election,  the  board  of  aldermen  shall  order  an  election  for 
a  mayor  to  serve  during  the  unexpired  term,  or  if  the 
vacancy  occurs  within  the  last  six  months  of  the  term, 
the  board  of  aldermen  may  order  such  election.  If  the 
vacancy  occurs  in  the  last  six  months  of  the  term,  and  no 
mayor  is  elected,  the  president  of  the  board  of  aldermen 
shall  become  acting  mayor  for  the  unexpired  term,  with 
all  the  duties,  rights  and  powers  of  mayor.  Whenever,  by 
reason  of  sickness,  absence  from  the  city  or  other  cause, 
the  mayor  shall  be  unable  to  attend  to  the  duties  of  his 
office,  or,  if  the  office  is  vacant,  pending  an  election  as 
aforesaid,  the  president  of  the  board  of  aldermen  shall, 
under  the  style  of  acting  mayor,  exercise  the  powers  and 
perform  the  duties  of  mayor,  except  that  he  shall  not  make 
any  permanent  appointment  to  or  removal  from  office; 
nor  shall  he,  unless  the  dLsability  of  the  mayor  has  con- 
tinued at  least  fi\'e  days,  or  unless  the  office  of  mayor  has 
become  vacant,  have  power  to  approve  or  disapprove  any 


Acts,  1911.  — Chap.  680.  — Part  II.  837 

ordinance,  order,  resolution  or  vote  of  the  board  of  alder- 
men.  ■ 

Section  29.  If  a  vacancy  in  the  office  of  a  member  of  ^1"'°^°^ 
the  board  of  aldermen  shall  occur  more  than  one  year 
previous  to  the  expiration  of  his  term  of  office,  and  such 
vacancy  exists  at  the  time  when  nominations  may  be  made 
for  the  following  municipal  election,  the  board  of  aldermen 
shall  declare  a  vacancy  to  exist,  and  shall  cause  an  election 
to  be  held  to  fill  the  same  at  the  time  of  such  municipal 
election.  The  person  so  elected  shall  hold  office  for  the  un- 
expired term. 

Section  30.     If  the  full  number  of  members  of  the  board  ^dermen  m°aV 
of  aldermen  shall  not  be  elected,  or  if  there  be  a  vacancy  vacanc'^etc 
in  said  board,  the  board  of  aldermen  may  declare  a  vacancy 
to  exist,  and  thereupon  may  cause  a  new  election  to  be  held 
to  fill  the  same.     The  person  thus  elected  to  fill  a  vacancy 
shall  hold  office  for  the  remainder  of  the  term. 

Section  31.  In  case  of  a  vacancy  in  the  school  com-  Fiiiin^of 
mittee,  the  mayor  shall  call  a  joint  convention  of  the  board  ^^'''*"''^- 
of  aldermen  and  of  the  school  committee,  at  which  the 
mayor  shall  preside,  and  the  vacancy  shall,  by  a  vote  of 
a  majority  of  all  the  members  of  the  two  bodies,  be  filled 
by  the  election  in  the  manner  provided  in  section  seven  of 
chapter  twenty-six  of  the  Revised  Laws  of  a  registered  voter 
and  a  resident  of  the  ward  in  which  the  vacancy  exists  to 
serve  until  the  end  of  the  municipal  year  in  which  the  order 
for  the  next  annual  municipal  election  shall  be  issued;  and 
at  such  election  the  further  vacancy,  if  any,  shall  be  filled 
for  the  remainder  of  the  unexpired  term,  in  the  same  manner 
in  which  the  member  whose  office  is  vacant  was  elected. 

Section  32.     No  person  shall  be  eligible  for  election  as  Eligibility 
an  alderman  from  a  ward  or  as  a  member  of  the  school  aWerman"'*^ 
committee  who  is  not  at  the  time  of  his  election  a  resident 
of  the  ward  from  which  he  is  chosen,  but  his  subsequent 
removal  to  another  ward  of  the  city  shall  not  disqualify  any 
such  officer  from  performing  the  duties  of  his  office. 

abolishment  of  present  government. 

Section  33.     At  eight  o'clock  in  the  evening  on  the  first  Present  city 
Monday  of  January  in  the  year  nineteen  hundred  and  twelve,  abolished. 
the  board  of  control  of  said  city  shall  be  abolished;  the 
terms  of  office  which  the  present  members  of  the  board  of 
control,  members  of  the  school  committee  and  water  com- 


838 


Acts,  1911.  — Chap.  680.  — Pap.t  II. 


missioners  are  now  serving  shall  terminate,  and,  except  as 
otherwise  provided  in  this  act,  all  the  present  powers  and 
duties  of  all  or  any,  the  mayor,  mayor  and  aldermen,  alder- 
men and  board  of  aldermen,  of  said  city,  under  any  general 
or  special  acts,  shall  devolve  upon  and  shall  thereafter  be 
exercised  and  performed  by  the  mayor  and  board  of  aldermen 
elected  under  the  provisions  of  tliis  charter. 


Organization 
of  city 
government. 


Board  of 
aldermen  to 
be  judge  of  the 
election  of  its 
members. 


Presiding 
officer  of 
board. 


(^lerk  of  tho 
board,  etc. 


ORGANIZATION. 

Section  34.  On  the  first  IMonday  in  January  at  eight 
o'clock  in  the  evening,  the  mayor  elect,  aldermen  and 
aldermen-elect  shall  meet  and  the  mayor-elect  and  alder- 
men-elect shall  be  sworn  to  the  faithful  discharge  of  their 
duties.  The  oath  may  be  administered  by  any  justice  of 
the  peace,  and  a  certificate  that  the  oath  has  been  taken 
shall  be  entered  on  the  journal  of  the  board  of  aldermen. 
At  any  time  thereafter  the  oath  may  be  administered, 
in  the  presence  of  the  board  of  aldermen,  to  the  mayor  or  to 
any  alderman  absent  from  the  meeting  on  the  first  Monday 
in  January,  or  not  elected  prior  thereto.  After  the  aldermen 
or  a  majority  of  them  have  been  sworn,  they  shall  assemble 
and  elect  from  their  number  a  president  of  the  board  in  the 
manner  provided  in  section  seven  of  chapter  twenty-six  of 
the  Revised  Laws.  The  member  having  the  highest  number 
of  votes  shall  be  deemed  and  declared  to  be  elected.  The  city 
clerk  shall  call  the  board  to  order  and  shall  designate  the  senior 
member  elect  who  shall  preside  until  a  president  is  chosen. 

Section  35.  The  board  of  aldermen  shall  be  the  judge  of 
the  election  of  its  members,  shall  determine  the  rules  of  its 
proceedings,  and  may  appoint  such  assistant  clerks  and  other 
officers  as  may  be  necessary  for  the  proper  conduct  of  its 
business. 

Section  36.  The  president  of  the  board  of  aldermen  shall 
preside  at  all  meetings  of  the  board.  In  case  of  his  absence 
at  any  meeting  a  member  of  the  board  may  be  elected  as 
aforesaid  to  serve  as  president  pro  tempore.  In  case  of  a 
vacancy  in  the  office  of  president  of  the  board,  the  vacancy 
shall  be  filled  in  the  manner  of  the  original  election. 

Section  37.  The  city  clerk  shall  be  clerk  of  the  board 
of  aldermen;  but  in  case  of  a  vacancy  in  the  office,  or  of 
the  temporary  absence  or  disability  of  the  city  clerk,  the 
board  of  aldermen  may  elect  a  clerk  pro  tempore.  The  city 
clerk  and  such  clerk  pro  tempore  shall  be  duly  sworn.     The 


Acts,  1911.  — Chap.  G80.  —  Part  II.  839 

city  clerk  shall  attend  the  sessions  of  the  board  of  aldermen, 
shall  keep  a  record  of  its  proceedings,  and  shall  perform  such 
further  service  as  the  board  of  aldermen  shall  require. 

Section  38.     A  majority  of  the  whole  number  of  members  Quorum, 
of  the  board  of  aldermen  provided  to  be  elected  shall  con- 
stitute a  quorum  for  the  transaction  of  business,  but  a  smaller 
number  may  adjourn  from  time  to  time. 

Section  39.     Except  as  otherwise  provided  herein,  the  Powers  of 
board  of  aldermen  shall  in  general  have  and  exercise  the  arderm°en. 
legislative  powers  of  towns  and  of  the  inhabitants  thereof  "'"■ 
and  shall  have  all  the  powers  and  authority  given  to  city 
councils  and  boards  of  aldermen  under  the  general  laws  of 
the  commonwealth,  and  shall  be  subject  to  the  duties  im- 
posed on  city  councils  and  boards  of  aldermen;  and  shall 
have  and  exercise  all  the  powers,  other  than  executive  powers, 
given  to  selectmen  of  towns  and  to  the  selectmen  of  the  town 
of  Chelsea,  or  to  the  city  council  of  the  city  of  Chelsea, 
under  any  special  laws  heretofore  passed  with  reference  to 
the  town  or  city  of  Chelsea  and  not  inconsistent  herewith. 

Section  40.  The  board  of  aldermen  shall  have  power  to  ordinances,  etc. 
establish  ordinances,  and  to  affix  thereto  penalties  as  herein 
and  by  general  law  provided,  without  the  sanction  of  any 
court  or  justice  thereof.  Ordinances,  unless  they  contain 
an  express  provision  for  a  later  date,  shall  take  effect  at  the 
time  of  their  approval  by  the  mayor,  or,  if  a  penalty  for 
their  violation  is  provided,  at  the  expiration  of  thirty  days 
from  the  day  of  such  approval.  All  fines  and  forfeitures  for 
the  breach  of  an  ordinance  shall  be  paid  into  the  city  treasury. 
Complaints  for  the  breach  of  an  ordinance  may  be  made  by 
any  resident  of  the  city.  All  existing  ordinances  of  the  city 
not  inconsistent  with  the  provisions  of  this  act  shall  continue 
in  force  until  amended  or  repealed.  All  ordinances  shall 
be  proposed  in  writing  and  notice  of  each  proposed  ordinance 
shall  be  published  by  the  city  clerk  in  at  least  one  newspaper 
of  the  city  not  less  than  one  week  before  its  final  passage. 

Section  41.     The  board  of  aldermen  may  from  time  to  Establishment 
time,  subject  to  the  provisions  of  this  act  and  in  accordance  "/oarlfs  and^' 
with  general  laws,  if  they  exist  in  any  particular  case,  provide  ^^^^^'  ^^''■ 
by  ordinance  for  the  establishment  of  boards  and  offices  in 
addition  to  those  hereinafter  named,  for  the  construction  and 
care  of  public  works  and  buildings,  for  the  direction  and 
custody  of  public  parks,  and  for  other  municipal  purposes; 
may  determine  the  number  and  duties  of  the  incumbents  of 
such  boards  and  offices,  and  may  delegate  to  such  boards 


8^0 


Acts,  1911.  — Chap.  680.— Part  II. 


and  offices  the  administrative  powers  given  to  it  by  general 
or  special  laws,  or  given  by  general  laws  to  city  councils  and 
boards  of  aldermen.  The  board  of  aldermen  may  likewise 
from  time  to  time  consolidate  boards  and  offices,  and  may 
separate  and  divide  the  powers  and  duties  of  such  as  are  or 
may  hereafter  be  established,  may  increase  the  number  of 
persons  constituting  any  of  the  boards  herein  specified,  and 
when  such  increase  has  been  made  may  subsequently  diminish 
the  number,  may  increase  or  diminish  the  number  of  persons 
who  shall  perform  the  duties  of  an  office  or  boaixl  hereafter 
established,  as  hereinbefore  provided,  and  may  abolish  an 
office  or  board  hereafter  established. 


Approval  of 

ordinances, 

etc. 


Passage  of 

certain 

measures. 

etc. 


Recular 
meetings. 


Special 
meetings. 


APPROVAL  BY  THE  MAYOR. 

Section  42.  Every  ordinance,  order,  resolution  or  vote 
of  the  board  of  aldermen,  except  those  relating  to  matters 
of  procedure  or  to  the  election  of  officers,  shall  be  presented 
to  the  mayor  by  the  clerk  of  the  board  within  forty-eight 
hours  after  its  passage,  Sundays  and  legal  holidays  excepted. 
If  the  mayor  approves  it,  he  shall  sign  it,  and  it  shall  then 
be  in  force;  if  he  disapproves  it,  he  shall  return  it,  with 
his  objections  in  writing,  to  the  board,  which  shall  enter 
the  objections  at  large  on  its  records  and  again  consider 
it;  and  if  two  thirds  of  the  members  of  the  board  vote  to 
pass  it,  notwithstanding  the  mayor's  objections,  it  shall  be 
in  force ;  but  in  all  cases  the  vote  shall  be  by  yeas  and  nays. 
Any  such  ordinance,  order,  resolution  or  vote  shall  be  in 
force  if  it  is  not  retiu'ned  by  the  mayor  within  ten  days 
after  it  was  presented  to  him. 

Section  43.  The  board  of  aldermen  may  pass  any 
measure,  except  an  ordinance,  through  all  its  stages  of  legis- 
lation at  one  session  by  unanimous  consent  of  the  members 
of  the  board  present.  Should  one  or  more  members  object, 
action  on  the  measure  shall  be  postponed  for  at  least  one 
week;  and  if  when  it  is  next  consick'red  two  thirds  or  more 
members  object  to  its  passage,  there  shall  be  a  second  post- 
ponement for  at  least  one  week. 

Section  44.  The  board  of  aldermen  shall  hold  regular 
meetings.  All  regular  meetings  shall  be  held  in  the  evening, 
and  sliall  be  public,  and  all  votes  shall  be  taken  in  public. 

Section  45.  The  mayor  may,  and  the  city  clerk  on  the 
written  retiuest  of  four  members  of  the  board  of  aldermen, 
shall,  call  a  special  meeting  of  the  board  of  aldermen  l)y 


Acts,  1911.  — Chap.  G80.  —  Part  II.  841 

causing  a  written  notice  of  the  meeting,  containing  a  state- 
ment of  the  subjects  to  be  considered  thereat,  to  be  left 
at  the  usual  place  of  residence  of  each  member  at  least  twenty- 
four  hours  before  the  time  appointed  for  the  meeting,  and  no 
other  business  than  that  stated  in  the  notice  shall  be  trans- 
acted at  a  special  meeting:  provided,  hoivever,  that  in  case  Proviso. 
of  emergency  or  public  necessity  the  mayor  or  the  president 
of  the  board  of  aldermen  may  call  such  a  meeting  by  causing 
the  notice  to  be  delivered  in  hand  to  each  member,  or  left 
at  his  usual  place  of  residence,  at  least  six  hours  before  the 
time  appointed  for  the  meeting. 

Section  46.  All  votes  of  the  board  of  aldermen  shall  votes  on 
be  by  yeas  and  nays  on  the  passage  of  any  ordinance,  vote  measures. 
appropriating  or  borrowing  money,  or  the  appointment, 
suspension  or  removal  of  any  city  officer,  and  shall  be 
entered  upon  the  records;  and  upon  the  request  of  any 
member  any  vote  shall  be  by  yeas  and  nays  and  shall  be 
entered  upon  the  records. 

All  votes  of  the  board  of  aldermen  making  appropria-  Appropria- 
tions or  authorizing  loans  of  money  shall  be  in  itemized  itemized'k.rm, 
form,  and  when  brought  before  the  board  of  aldermen  on  ®*''- 
recommendation  of  the  mayor  no  item  of  the  appropriation 
or  loan  in  excess  of  the  amount  recommended  by  the  mayor 
shall  be  passed  except  by  the  affirmative  votes  of  two  thirds 
of  the  members  of  the  board. 

The  board  of  aldermen  shall  appropriate  annually  the  Appropria- 
amount  necessary  to  meet  the  expenditures  of  the  city  for  made'°  ^° 
the  current  municipal  year,  and  such  appropriations  shall  e^T^'^^' 
not  be  increased  except  by  a  vote  of  two  thirds  of  the 
members  of  the  board.  Upon  the  introduction  of  an  order 
for  an  appropriation  to  be  made  by  the  board  of  aldermen 
for  the  erection  of  a  public  building  or  buildings,  or  for  the 
purchase  of  land  therefor,  the  city  clerk  shall  give  notice 
of  such  order  by  publication  of  the  substance  thereof  once 
in  two  newspapers  published  in  the  city;  and  action  upon 
the  order  shall  be  suspended  for  fifteen  days  after  the  said 
publication;  and  if  within  said  fifteen  days  a  petition  or 
petitions,  signed  by  a  number  of  the  voters  of  the  city, 
qualified  to  vote  at  city  elections,  equal  to  at  least  ten  per 
cent  of  the  number  of  registered  voters  of  the  city,  request- 
ing that  the  matter  be  submitted  to  the  voters  of  the  city, 
be  filed  with  the  city  clerk,  action  by  the  board  of  aldermen 
shall  be  further  stayed,  and  the  matter  shall  be  submitted 
to  the  voters  at  the  next  annual  municipal  election. 


842 


Acts,  1911.  — Chap.  680.  — Pakt  IL 


Laying  out, 
etc.,  ot  streets. 


Granting  of 
franchises. 


Eligibility 
to  appoint- 
ment. 


Mayor  to  bo 
cliief  executive 
officer,  etc. 


Appointment 
of  certain  city 
oflicor.s,  etc. 


Section  47.  The  board  of  aldermen,  subject  to  the 
approval  of  the  mayor,  shall  have  exclusive  power  to  order 
the  laying  out,  locating  anew  or  discontinuing  of,  or  mak- 
ing specific  repairs  in,  all  streets  and  ways  within  the  limits 
of  the  city,  and  to  assess  the  damages  sustained  thereby. 
Any  person  aggrieved  by  the  action  of  the  board  of  alder- 
men hereunder  shall  have  all  the  rights  and  privileges  now 
by  law^  allowed  in  similar  cases  in  appeals  from  decisions 
of  selectmen. 

GRANTING   OF  FRANCHISES. 

Section  48.  No  general  public  franchise  shall  be  valid 
unless  the  same  shall  be  submitted  to  the  voters  of  the 
city,  and  be  approved  by  a  majority  vote  of  the  qualified 
voters  of  the  city  voting  thereon  at  a  municipal  election. 

Section  49.  No  person  shall  be  eligible  to  appointment 
or  election  by  the  mayor  or  by  the  board  of  aldermen  to  any 
office  of  emolument  the  compensation  of  which  is  payable 
out  of  the  city  treasury,  who  at  the  time  of  such  election  or 
appointment  is  a  member  of  the  board  of  aldermen.  No 
member  of  the  board  of  aldermen  shall  act  as  counsel  or 
attorney  before  the  board  of  aldermen  or  any  committee 
thereof. 

THE  MAYOR. 

Section  50.  The  mayor  shall  be  the  chief  executive 
officer  of  the  city,  and  the  executive  powers  of  the  city, 
except  as  is  otherwise  provided  herein,  shall  be  vested  in 
him,  and  shall  be  exercised  by  him,  either  personally  or 
through  the  several  officers  and  boards  in  their  respecti\'e 
departments  under  his  general  supervision  and  control. 
The  mayor  shall  not,  in  whole  or  in  part,  divert  from  the 
purpose,  use  or  locality  assigned  to  it  by  the  board  of  alder- 
men any  appropriations  of  moneys  made  by  the  city  gov- 
ernment. 

Section  51.  The  mayor  shall  appoint,  subject  to  the 
approval  of  the  board  of  aldermen,  a  chief  of  police,  a  city 
engineer,  who  shall  be  superintendent  of  streets  and  sewers, 
who  shall  have  the  powers  of  surveyors  of  highways  and  all 
the  powers  of  road  commissioners  not  herein  otherwise  con- 
ferred; a  chief  engineer  of  the  fire  department;  a  super- 
intendent of  public  buildings,  and  a  superintendent  of  fire 
alarms.  Every  administrative  officer  so  ai^pointod  sliall, 
unless  sooner  removed,  hold  office  until  his  successor  is  aj)- 


Acts,  1911.  — Chap.  680. —  Part  II.  813 

pointed  and  qualified.  Any  officer  so  appointed  under  this 
section  may  be  removed  by  the  mayor,  for  such  cause  as  he 
shall  deem  sufficient  and  shall  assign  in  writing  in  his  order 
of  removal,  and  the  removal  shall  take  effect  upon  the  filing 
of  the  order  in  the  office  of  the  city  clerk  and  the  service  of 
a  copy  of  such  order  upon  the  officer  removed  either  per- 
sonally or  at  his  last  or  usual  place  of  residence.  The  city 
clerk  shall  keep  such  order  on  file  and  subject  to  public 
inspection. 
Section  52.    The  mayor  shall  communicate  to  the  board  '^^y°'' '» 

1      •     p  •  1  11  make  recom- 

of  aldermen  such  miormation  and  recommend  such  meas-  mendationa. 
ures  as  in  his  judgment  the  interests  of  the  city  shall  require; 
shall  cause  the  laws,  ordinances  and  orders  for  the  govern- 
ment of  the  city  to  be  enforced,  and  shall  secure  an  honest, 
efficient  and  economical  conduct  of  the  executive  and  ad- 
ministrative business  of  the  city,  and  the  harmonious  and 
concerted  action  of  the  administrative  and  executive  de- 
partments. 

Section  53.     The  mayor  shall  cause  to  be  kept  a  record  riecord. 
of  all  his  official  acts,  and  for  that  purpose  and  to  aid  him  in 
his  official  duties  he  may  appoint  one  or  more  clerks  whose 
compensation  shall  be  fixed  by  the  board. 

Section  54.  The  mayor  shall  cause  to  be  made  to  him  Estimates, 
in  the  month  of  January  of  each  year  by  the  heads  of  depart- 
ments, and  by  all  other  officers  and  boards  having  authority 
to  expend  money,  detailed  estimates  of  the  amounts  deemed 
by  them  to  be  necessary  for  their  respective  departments 
for  the  financial  year;  and  he  shall,  not  later  than  the  first 
Monday  in  March,  transmit  such  estimates  to  the  board 
of  aldermen,  recommending  such  appropriations  for  each 
department  or  purpose  as  he  shall  deem  necessary  therefor. 

Section  55.     The  mayor  shall  annually  require  all  boards  statements  of 
and   officers   intrusted    with   the   receipt   and   expenditure  ^'^p'''^*^'"^"'^^^- 
of  public  money,  or  with  the  care  and  custody  of  public 
property,  to  make  particular  and  detailed  statements  thereof, 
and  shall  cause  such  statements  to  be  published  for  the 
information  of  the  citizens. 

Section  56.    The  mayor  may  at  any  time  appoint   a  Examination 
suitable  person  or  persons  to  examine,  without  notice,  the  accou'^nts.'*" 
books  and  accounts  of  any  department,  officer  or  employee 
of  the  city,  and  such  persons  shall  receive  such  compensation 
as  the  mayor  may  determine,  the  same  to  be  paid  by  the 
city. 


8M  Acts,  1911.  — Chap.  G80.  — Paiit  II. 


ADMINISTRATIVE   OFFICERS. 

Admrn'strative  SECTION  57.  The  boartl  of  aldermcii  shall  appoint,  may 
remove  and  shall  fix  the  salary,  if  any,  of  all  administrative 
officers  of  the  city,  except  as  is  otherwise  provided  herein. 
There  shall  be  the  following  administrative  officers,  who 
shall  perform  the  duties  by  law  prescribed  for  them,  re- 
spectively, and  such  further  duties,  not  inconsistent  with 
the  nature  of  their  respective  offices  and  with  general  laws, 
as  the  board  of  aldermen  may  prescribe:  a  city  clerk;  a 
city  treasurer,  who  may  be  collector  of  taxes;  a  city  auditor; 
a  city  solicitor;  a  city  messenger;  a  city  physician;  a  city 
engineer,  who  shall  be  superintendent  of  streets  and  sewers, 
and  who  shall  have  the  powers  of  surveyors  of  highways 
and  all  the  powers  of  road  commissioners  not  herein  other- 
wise conferred;  a  board  of  assessors,  consisting  of  three 
persons;  five  assistant  assessors,  one  from  each  ward;  a 
water  commissioner;  a  park  commissioner;  a  board  of 
registrars  of  voters,  consisting  of  three  persons;  a  board  of 
trustees  of  the  public  library,  consisting  of  six  persons;  a 
board  of  trustees  of  the  soldiers'  burial  lot,  consisting  of 
three  persons;  a  board  of  commissioners  of  sinking  funds, 
consisting  of  three  persons;  a  board  of  overseers  of  the  poor, 
consisting  of  three  persons;  a  board  of  health,  consisting  of 
three  persons,  one  of  whom  shall  be  a  physician;  a  superin- 
tendent of  public  buildings,  who  shall  be  inspector  of  build- 
ings; a  superintendent  of  fire  alarms,  who  shall  be  inspector 
of  wires;  a  clerk  of  committees;  a  chief  of  police;  a  chief 
engineer  of  the  fire  department. 

Administrative       SECTION  58.     All  administrative  officers  shall  be  sworn 

oiticera  to  bo  .  i         p    •    i   <>    i      t       i  p      i      • 

Bworn,  etc.  jjy  the  mayor  or  city  clerk  to  the  faithful  discharge  ot  their 
respective  duties,  and  certificates  of  their  oaths  shall  be 
made  and  kept  in  the  office  of  the  city  clerk;  and  all  such 
boards  and  other  officers  shall  keep  a  record  of  their  official 
transactions.  All  fees,  except  witness  fees,  received  by  any 
administrative  officer  shall  be  paid  into  the  city  treasury. 
The  terms  of  all  administrative  officers,  except  the  city 
clerk,  shall  begin  on  the  first  Monday  of  j\Iarch. 

^o^^^-  Section  59.     The  board  of  aklermen  shall   require  the 

city  treasurer,  the  city  collector,  the  city  auditor,  and  such 
other  officers,  whose  election  or  appointment  is  provided 
for  in  the  preceding  sections,  as  are  intrusted  with  the 
receipt,   care   or   disbursement   of   money,   to   give   bonds. 


Acts,  1911.  — Chap.  680.  — Part  II.  845 

in  such  sums  and  with  such  sureties  as  shall  be  approved 
by  the  board  of  aldermen,  for  the  faithful  discharge  of  their 
respective  duties,  and  may  require  said  officers  to  renew 
their  bonds  from  time  to  time. 

Section  GO.  Every  officer  having  charge  of  a  department  certain 
shall,  at  the  request  of  the  board  of  aldermen,  appear  before  information.^^ 
it,  and  give  such  information  as  it  may  require  in  relation 
to  any  matter,  act  or  thing  connected  with  the  discharge 
of  the  duties  of  his  office;  and  when  so  requested  to  appear 
he  shall  have  the  right  to  speak  upon  all  matters  under 
consideration  relating  to  his  department. 

Section  61.  The  several  boards  and  officers  having  Employment 
charge  of  departments  shall,  within  their  respective  depart-  °  ^  **''•  ^  •'• 
ments,  employ  all  labor,  make  and  execute  all  necessary 
contracts,  purchase  all  materials  and  supplies,  and  shall 
have  the  whole  care,  custody  and  management  of  all  public 
works,  institutions,  buildings  and  other  property.  All  con- 
tracts made  in  behalf  of  the  city  in  which  the  amount  in- 
volved exceeds  two  hundred  dollars  shall,  in  order  to  be 
valid,  have  the  signature  of  the  mayor,  and  except  as  is 
otherwise  provided  herein  or  by  existing  law,  no  expenditure 
shall  be  made  or  liabilities  incurred  for  any  purpose  beyond 
the  appropriations  previously  made  therefor. 

Section  62.     No  sum  appropriated  for  a  specific  pur-  Appropriation 
pose   shall   be   expended   for   any   other   purpose,   and   no  pjrpose^nit'to 
expenditure  shall  be  made  and  no  liability  incurred  by  or  orherpJrpoae, 
in  behalf  of  the  city  until  the  board  of  aldermen  has  duly  except,  etc. 
voted  an  appropriation  sufficient  to  meet  such  expenditure 
or   liability,   together   with   all   prior   liabilities   which   are 
payable  therefrom,  except  that  after  the  expiration  of  the 
financial  year,  and  before  the  making  of  the  regular  annual 
appropriations,  liabilities  payable  out  of  a  regular  appro- 
priation may  be  incurred  to  an  amount  not  exceeding  one 
sixth  of  the  total  appropriation  made  for  similar  purposes 
in  the  preceding  year. 

Section  63.     Neither   the   board   of   aldermen   nor   the  Notice  to  be 
school  committee  shall  make  or  pass  any  order,  resolution,  fJc.^'lppro-*^' 
or  vote   appropriating   money   in   excess   of   five   hundred  moneyin 
dollars,  or  making  or  authorizing  the  making  of  any  con-  certain  cases, 
tract  involving  a  liability  on  the  part  of  the  city  in  excess 
of  five   hundred   dollars,   unless  the  same  is  proposed  in 
writing  and  notice  is  given  by  the  city  clerk  in  at  least  one 
newspaper  of  the  city,  not  less  than  one  week  before  its 
passage,  except  an  order,  resolution  or  vote  for  the  im- 


846 


Acts,  1911.  — Chap.  680.  — Part  II. 


Fire  limits, 
etc. 


Salaries. 


mediate  preservation  of  the  public  peace,  health  or  safety, 
which  contains  a  statement  of  its  urgency  and  is  passed 
by  vote  of  a  majority  of  the  whole  board;  and  such  notice 
shall  be  given  as  aforesaid  upon  the  request  of  said  board 
or  of  the  school  committee. 

Section  64.  The  board  of  aldermen  shall  have  power 
to  establish  fire  limits  and  from  time  to  time  to  change  or 
to  enlarge  the  same,  and  to  regulate  by  ordinance  the  con- 
struction of  buildings  erected  within  said  fire  limits,  with 
lawful  stipulations  as  to  their  situation,  size  and  the  ma- 
terial of  which  they  shall  be  constructed,  and  may  make  other 
lawful  rules  and  regulations  to  prevent  damage  by  fire. 

Section  65.  The  salary  of  the  mayor  shall  be  fifteen 
hundred  dollars  per  annum,  and  the  salary  of  each  alderman 
five  hundred  dollars  per  annum,  except  that  in  case  of  a 
vacancy  in  the  office  of  mayor  the  president  of  the  board  of 
aldermen  shall  be  entitled  to  the  salary  of  mayor  while 
performing  the  duties  of  mayor.  These  salaries  shall  be 
payable  in  equal  monthly  instalments.  Upon  the  petition 
of  at  least  twenty-five  per  cent  of  the  aggregate  number  of 
registered  voters  in  the  city,  the  question  of  increasing  or 
decreasing  the  salaries  of  the  mayor  or  the  aldermen  shall  be 
printed  upon  the  ballot  at  the  next  annual  city  election  in 
substantially  the  following  manner :  "  Shall  the  salary  of  the 
(mayor  or  aldermen)  be  increased  or  decreased  to  (the  amount 
petitioned  for)  per  annum?"  and  if  the  vote  is  in  the  affirm- 
ative, the  increase  or  decrease  shall  take  effect  in  the  next 
municipal  year  thereafter.  The  members  of  the  school 
committee  shall  receive  no  salary. 


School 
committee, 
how  com- 
posed, etc. 


Organization 
of  school 
committee, 
etc. 


SCHOOL   COMMITTEE. 

Section  66.  The  management  and  control  of  the  public 
schools  of  the  city  and  of  the  property  pertaining  thereto 
shall  be  vested  in  the  school  committee,  consisting  of  the 
mayor,  ex  officio,  and  ten  other  members  elected  in  accord- 
ance with  the  provisions  of  this  act. 

Section  67.  The  school  committee  shall  meet  for  organ- 
ization on  the  Tuesday  next  after  the  first  ]\Ionday  in  January 
in  each  year,  and  shall  elect  a  chairman  and  a  clerk  by  ballot. 
The  committee  shall  be  the  judge  of  the  election  and  quali- 
fication of  its  members  excei)t  the  mayor,  and  shall  deter- 
mine the  rules  for  its  proceedings.  A  majority  of  the  whole 
number  provided  to  be  elected  shall  constitute  a  quorum  for 


Acts,  1911.  — Chap.  G80.  —  Pakt  II.  847 

the  transaction  of  business,  but  a  smaller  number  may  adjourn 
from  time  to  time.  The  members  shall  be  sworn  to  the 
faithful  discharge  of  their  duties. 

Section  68.  The  school  committee  shall  elect  a  super-  superintend- 
intendent  of  schools,  and  may  appoint  such  other  subordinate  ltc.°  ^^  ^°^^' 
officers  and  assistants  as  it  may  deem  necessary  for  the  proper 
discharge  of  its  duties  and  the  conduct  of  its  business;  shall 
define  their  terms  of  service  and  their  duties  and  fix  their 
compensation,  and  may  suspend  or  discharge  them  at 
pleasure. 

Section  69.  The  school  committee  shall,  in  the  month  Estimate  of 
of  January  in  each  year,  make  an  estimate  in  detail  of  the  for  schools. 
amount  deemed  by  it  necessary  for  its  purposes  during  the 
succeeding  financial  year,  and  the  mayor  shall  transmit  the 
same  with  the  estimates  of  the  departments,  to  the  board  of 
aldermen,  and  shall  recommend  such  appropriations  as  he 
shall  deem  necessary. 

Section  70.     Unless  so    authorized   by  law,   the   school  fnreloT^" 
committee  shall  cause  no   liability  to  be  incurred  and  no  "Jfi**^  J^??"^' 

•^  .  appropriation, 

expenditure  to  be  made  for  any  purpose  beyond  the  specific  "tc. 
appropriation  which  may  be  made  therefor  by  the  board  of 
aldermen,  except  that  after  the  expiration  of  the  financial 
year  and  before  the  making  of  the  annual  appropriations, 
liabilities  payable  out  of  a  regular  appropriation  may  be 
incurred  to  an  amount  not  exceeding  one  sixth  of  the  total 
of  the  appropriation  made  for  similar  purposes  in  the  pre- 
ceding year. 

Section  71.     The  school  committee  shall  annually  ap- Member  of 
point  one  of  their  number  to  attend  the  meetings  of  the  committee 
board   of  aldermen,   and  the   member  appointed   for  that  meetinrof 
purpose  shall  be  entitled  to  a  seat  with  said  board,  and  shall  aidermYa  °^ 
have  a  right  to  discuss  all  matters  relating  to  the  school 
department,  but  without  the  right  to  vote. 

Section  72.     Whenever    in   the    opinion    of    the    school  accomm^da- 
committee  a  schoolhouse  is  required  or  material  alterations  gjfi.'JfJa''^ 
are  needed,  the  committee  shall  send  a  communication  to 
the  mayor  and  board  of  aldermen,   stating  their  reasons 
therefor. 

Section  73.     All  regular  meetings  or  sessions  of  the  school  sehoof ^  °^  *^^ 
committee  shall  be  held  in  the  evening  and  shall  be  open  to  committee. 
the  public.     All  votes  of  the  committee,  except  elections, 
shall  be  by  yeas  and  nays  and  shall  be  taken  in  public.     A 
journal  of  its  proceedings  shall  be  kept,  which  journal  shall 
be  open  to  public  inspection  at  all  reasonable  times. 


848 


Acts,  1911.  — Chap.  680.  —  Part  II. 


Site  for  school 
building. 


Approval  of 
plans. 


Certain 
provisions  of 
law  to  apply. 


Section  74.  No  site  for  a  school  building  shall  be  ac- 
quired by  the  city,  unless  the  approval  of  the  site  by  the 
school  committee  is  first  obtained. 

No  plans  for  the  construction  of  or  alterations  in  a  school 
building  shall  be  accepted,  and  no  work  shall  be  begun  on 
the  construction  or  alteration  of  a  school  building,  unless  the 
approval  of  the  school  committee  therefor  is  first  obtained. 
Nothing  herein  contained  shall  require  such  approval  for  the 
making  of  ordinary  repairs. 

Section  75.  The  general  laws  relating  to  the  municipal 
indebtedness  of  cities,  together  with  all  special  acts  relative 
to  the  city  of  Chelsea,  the  general  laws  requiring  the  approval 
of  the  mayor  to  the  doings  of  a  city  council  and  relative  to 
the  exercise  of  the  veto  power  by  the  mayor  of  a  city,  and 
the  provisions  of  chapter  three  hundred  and  twenty  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-four,  being 
"An  Act  to  improve  the  civil  service  of  the  commonwealth 
and  the  cities  thereof",  and  all  acts  in  amendment  thereof, 
shall  have  full  force,  application  and  effect  in  the  said  city. 


Recall. 


RECALL. 

Section  76.  The  holder  of  any  elective  office  may  be 
removed  at  any  time  by  the  voters  qualified  to  vote  at  city 
elections,  and  the  procedure  to  eft'ect  his  removal  shall  be  as 
follows:  A  petition  signed  by  a  number  of  the  voters  of  the 
city  qualified  to  vote  at  city  elections,  equal  to  at  least 
twenty-five  per  cent  of  the  aggregate  number  of  registered 
voters  in  the  city,  and  demanding  an  election  of  a  successor 
of  the  person  sought  to  be  removed,  shall  be  filed  in  the  office 
of  the  city  clerk.  The  petition  shall  contain  a  general  state- 
ment of  the  grounds  for  remo^•al.  It  need  not  be  on  one 
paper,  but  may  consist  of  several  distinct  papers,  each  con- 
taining the  said  demand  and  substantially  upon  the  same 
grounds;  and  all  papers  containing  the  said  demand  and 
statement,  which  in  any  one  day  shall  be  filed  in  the  office 
of  the  city  clerk,  shall  be  deemed  parts  of  the  same  petition. 
Each  signer  shall  add  to  his  signature  his  place  of  residence 
on  the  preceding  first  day  of  April,  giving  the  street  and 
street  number,  if  any.  One  signer  of  every  such  paper  shall 
make  oath  upon  information  and  belief,  before  a  notary 
public  or  a  justice  of  the  pence,  that  the  statements  therein 
made  are  true,  and  tiiat  each  signature  to  such  i)aper  is  the 
genuine  signature  of  the  person  whose  name  it  purports  to  be. 


Acts,  1911.  — Chap.  680.  —  Pakt  II.  849 


Within  ten  days  after  the  petition  is  filed,  the  city  clerk,  Recall, 
with  the  assistance  of  the  registrars  of  voters,  shall  examine 
the  petition  to  ascertain  whether  or  not  it  is  signed  by  the 
reqnisite  number  of  qualified  voters  as  above  described,  and 
shall  attach  to  the  petition  a  certificate,  showing  the  result 
of  his  examination.  If,  from  the  city  clerk's  certificate, 
the  petition  appears  not  to  be  signed  by  the  requisite  number 
of  voters,  it  may  be  supplemented  within  ten  days  after  the 
date  of  such  certificate  by  other  papers  signed  and  sworn  to 
as  aforesaid,  and  all  other  papers  containing  a  like  demand 
and  statement,  and  signed  and  sworn  to  as  aforesaid,  which 
shall  be  filed  with  the  city  clerk  within  the  said  ten  days, 
shall  be  deemed  supplemental  to  the  original  petition. 

The  city  clerk  shall,  within  ten  days  after  such  supple- 
mentation, make  a  like  examination  of  the  amended  petition, 
and  attach  thereto  a  new  certificate,  and,  if  it  appears  from 
such  new  certificate  that  the  petition  is  still  insufficient  as 
to  the  number  of  signers  as  aforesaid,  it  shall  be  returned  to 
the  person  or  persons  filing  the  same,  without  prejudice, 
however,  to  the  filing  of  a  new  petition  to  the  same  effect. 

If  the  petition,  as  originally  filed  or  as  supplemented,  shall 
be  certified  by  the  city  clerk  to  be  sufficient,  he  shall  present 
the  same  to  the  board  of  aldermen  without  delay,  and  the 
board  of  aldermen  shall  call  the  election  so  demanded,  and 
shall  fix  a  date  for  holding  the  same,  which  shall  be  not  less 
than  thirty  nor  more  than  sixty  days  after  the  date  of  the 
])resentation  of  the  petition  by  the  city  clerk  to  the  board. 
The  board  of  aldermen  shall  make  or  cause  to  be  made  all 
arrangements  for  holding  the  election,  and  the  same  shall 
be  held  and  conducted,  returns  thereof  made  and  the  result 
thereof  declared  in  all  respects  as  in  the  case  of  other  city 
elections.  The  successor  of  any  officer  so  removed  shall  hold 
the  office  during  the  unexpired  term  of  his  predecessor.  Any 
person  sought  to  be  removed  may  be  a  candidate  at  the  said 
election,  and  unless  he  requests  otherwise  in  writing,  the 
city  clerk  shall  place  his  name  on  the  official  ballots  without 
nomination.  The  candidate  receiving  the  highest  number 
of  votes  shall  be  declared  elected.  If  some  person  other  than 
the  incumbent  receives  the  highest  number  of  votes  the 
incumbent  shall  thereupon  be  deemed  to  be  removed  from 
the  office.  In  case  a  person,  other  than  the  incumbent, 
receiving  the  highest  number  of  votes  shall  fail  to  make  oath 
before  the  city  clerk  or  a  justice  of  the  peace,  within  thirty 
days  after  his  election,  faithfully  to  perform  the  duties  of  the 


850  Acts,  1911.  — Chat.  680.  —  Part  II. 

office,  the  office  shall  be  deemed  vacant.  If  the  incumbent 
receives  the  highest  number  of  votes,  he  shall  continue  in 
office  until  the  end  of  the  term  which  he  was  serving  at  the 
time  of  the  said  election,  unless  sooner  removed  therefrom 
by  new  and  like  proceedings.  The  name  of  no  candidate, 
other  than  that  of  the  person  sought  to  be  removed,  shall  be 
printed  on  the  official  ballots  to  be  used  at  the  said  election, 
unless  such  candidate  be  nominated  as  hereinbefore  provided, 
at  a  preliminary  election  for  nomination. 

INITIATIVE. 

Initiative.  SECTION  77.     If  a  petition,  signed  by  a  number  of  the 

voters  of  said  city,  qualified  to  vote  at  city  elections,  equal 
to  at  least  t\\'enty-five  per  cent  of  the  aggregate  number  of 
registered  voters  in  the  city,  and  requesting  the  board  of 
aldermen  to  pass  a  measm'e  therein  set  forth  or  described, 
shall  be  filed  in  the  office  of  the  city  clerk,  the  board  of 
aldermen  shall:  i^rovided,t\vdt  said  measure  be  one  which  the 
board  of  aldermen,  after  this  act  takes  efi'ect,  have  a  legal 
right  to  pass,  («)  pass  said  measure  without  alteration, 
within  twenty  days  after  the  attachment  of  the  city  clerk's 
certificate  of  sufficiency  to  the  petition,  or  (6)  forthwith, 
after  the  expiration  of  twenty  days  after  the  attachment  of 
the  said  certificate  of  sufficiency  to  the  petition,  call  a  special 
election,  unless  an  annual  city  election  is  to  occur  within 
ninety  days  after  the  attachment  of  the  certificate  of  suffi- 
ciency, and  at  such  special  election,  or  annual  city  election, 
submit  the  measure  without  alteration  to  the  voters  of  the 
city  qualified  as  aforesaid. 

If,  however,  a  petition  otherwise  like  the  above  described 
petition,  but  signed  by  a  nmuber  of  (lualifietl  \oters  equal 
to  at  least  ten  i)er  cent,  but  less  than  twenty-five  per  cent 
of  the  aggregate  number  of  registered  voters  in  the  city,  shall 
be  filed  as  aforesaid,  the  board  of  aldermen  shall  (c)  pass 
the  measure  therein  set  forth  or  described,  without  alteration, 
within  twenty  days  after  such  attachment  of  the  certificate 
of  sufficiency,  or  {d)  submit  the  same  without  alteration  to 
the  qualified  voters  of  the  city  at  the  next  annual  city  election. 

The  votes  upon  the  measure  at  an  annual  city  election  or 
a  special  election  shall  be  taken  by  ballot  in  answer  to  the 
question,  "Shall  the  measure  (stating  the  nature  of  the 
same)  be  passed?"  which  shall  be  j)nntcd  on  the  ballots 
after  the  list  of  candidates,  if  there  be  any.     If  a  majority  of 


Acts,  1911.  — Chap.  680.  — Paut  II.  851 

the  qualified  voters  voting  on  the  proposed  measure  shall  I'^'^'ative. 
vote  in  favor  thereof,  it  shall  thereupon  become  a  valid  and 
binding  measure  of  the  city;  and  no  such  measure  passed  as 
aforesaid  by  the  municipal  council,  upon  petition  as  afore- 
said, or  which  shall  be  adopted  as  aforesaid  at  any  such 
annual  city  election  or  special  election,  shall  be  repealed  or 
amended  except  by  the  qualified  voters  of  the  city  voting  at 
an  annual  city  election  or  special  election. 

Any  number  of  measures  requested  by  petition  as  afore- 
said, may  be  voted  upon  at  the  same  election  in  accordance 
with  the  provisions  of  this  section,  but  there  shall  not  be 
more  than  one  special  election  in  any  period  of  six  months 
for  that  purpose. 

The  board  of  aldermen  may  submit  a  proposition  for  the 
repeal  of  any  such  measure,  or  for  amendments  thereof, 
to  be  voted  upon  at  any  succeeding  annual  city  election; 
and  should  the  proposition  so  submitted  receive  a  major- 
ity of  the  votes  cast  thereon  at  such  election,  the  measure 
shall  thereby  be  repealed  or  amended  accordingly.  The 
vote  upon  repeal  or  amendment  at  an  annual  city  election 
shall  be  taken  by  ballot  in  answer  to  the  question,  "Shall 
the  measure  (stating  the  nature  of  the  same)  be  repealed 
or  amended  (stating  the  nature  of  the  amendment)?" 
which  shall  be  printed  on  the  ballots  after  the  list  of  can- 
didates, if  there  be  any.  Whenever  any  such  measure  or 
proposition  is  required  by  this  act  to  be  submitted  at  any 
election  as  aforesaid,  the  city  clerk  shall  cause  the  same 
to  be  published  once  in  each  of  the  newspapers  published 
in  said  city;  such  publication  to  be  not  more  than  twenty 
nor  less  than  five  days  before  the  submission  of  the  ordi- 
nance or  proposition  to  be  voted  on. 

Petitions  under  the  provisions  of  this  section  may  con- 
sist of  one  or  more  distinct  papers.  In  each  of  such  papers 
the  measure,  the  passage  of  which  is  requested,  shall  be 
set  forth  or  described,  and  all  such  papers  filed  in  any  one 
day  in  the  office  of  the  city  clerk  shall  be  deemed  to  be  parts 
of  the  same  petition.  The  petitions  shall  be  signed,  sworn 
to  as  to  signatures,  examined,  re-examined,  presented  to 
the  board  of  aldermen,  shall  have  the  city  clerk's  certificate 
of  sufficiency  or  insufficiency  attached  thereto,  and  may 
be  supplemented  in  the  same  manner  as  petitions  filed  under 
section  seventy-six. 

Any  measure,  passed  under  the  provisions  of  this  section 
by  the  board  of  aldermen  upon  petition,  or  by  the  voters. 


852 


Acts,  1911.  — Chap.  680.  — Part  IT. 


may  prescribe  such  penalty  for  its  violation  as  .the  munic- 
ipal council,  after  this  act  takes  effect,  shall  have  a  right 
to  affix  to  a  like  measure  for  a  breach  thereof. 


Referendum. 


Validity  of 
petition. 


REFERENDUM. 

Section  78.  If,  during  the  ten  days  next  following  the 
passage  of  a  measure  by  the  board  of  aldermen,  a  petition, 
signed  by  a  number  of  the  voters  of  said  city,  qualified  to 
vote  at  city  elections,  equal  to  at  least  twenty-five  per 
cent  of  the  aggregate  number  of  registered  voters  in  the 
city  and  protesting  against  the  passage  of  such  measure, 
shall  be  filed  in  the  office  of  the  city  clerk,  the  measure 
shall  be  suspended  from  going  into  operation,  and  it  shall 
be  the  duty  of  the  board  of  aldermen  to  reconsider  the  same; 
and  if  it  is  not  wholly  repealed,  the  board  of  aldermen 
shall  submit  it,  as  is  provided  in  sub-division  (6)  of  section 
seventy-seven,  to  the  qualified  voters  of  the  city,  and  the 
said  measure  shall  not  go  into  effect  or  become  operative 
unless  a  majority  of  the  voters,  qualified  as  aforesaid,  voting 
on  the  same,  shall  vote  in  favor  thereof.  The  votes  upon 
the  said  measure  at  an  annual  city  election  or  a  special 
election  shall  be  taken  by  ballot  in  answer  to  the  question, 
"Shall  the  measure  (stating  the  nature  of  the  same)  take 
effect?"  which  shall  be  printed  on  the  ballots  after  the 
list  of  candidates,  if  there  be  any. 

Petitions  under  the  provisions  of  this  section  may  consist 
of  one  or  more  distinct  papers.  In  each  of  such  papers 
the  measure,  the  passage  of  which  is  protested,  shall  be 
set  forth  or  described,  and  all  such  papers  filed  in  any  one 
day  shall  be  deemed  to  be  parts  of  the  same  petition.  Tlie 
petitions  shall  be  signed,  sworn  to  as  to  signatures,  exam- 
ined, re-examined,  presented  to  the  municipal  council,  shall 
have  the  city  clerk's  certificate  of  sufficiency  or  insufficiency 
attached  thereto,  and  may  be  supplemented  in  the  same 
manner  as  jjetitions  filed  under  section  seventy-sLx. 

Section  79.  It  shall  not  be  necessary  for  the  validity 
of  any  petition  or  statement  provided  for  or  required  by 
the  provisions  of  this  act  that  any  signer  thereof  add  to 
his  signature  any  residence  other  than  the  name  of  the 
street,  and  street  number,  if  there  be  any,  at  which  he 
resided  on  the  i)revious  first  day  of  April. 


for 


Acts,  1911.  — Chap.  680.  — Part  II.  853 


HALLS  TO   BE  FURNISHED   FOR  USE  OF  CANDIDATES. 

Section  80.  The  municipal  council  upon  the  written  Hai^tobe 
request  of  a  candidate  or  candidates  at  any  election  pro-  the  use  of 
vided  for  in  this  act  shall  furnish  for  the  use  of  such  candi- 
date or  candidates  a  suitable  hall  or  halls  for  the  purpose 
of  enabling  him  or  them  to  address  the  citizens  upon  matters 
of  public  interest:  provided,  Jiowever,  that  nothing  herein  Proviso, 
contained  shall  require  the  furnishing  of  a  hall  more  than 
once  to  any  one  candidate  in  any  one  campaign. 

CIRCULARS  TO  BE  SENT  TO  VOTERS. 

Section  81.  The  municipal  council  shall  cause  a  cir-  circulars. 
cular  to  be  sent  to  every  registered  voter  in  the  city  at 
least  three  days  before  any  election  provided  for  in  this 
act,  stating  the  name,  residence,  age  and  occupation  of 
every  candidate  and  the  public  offices  that  he  has  held  if 
any.  A  candidate  may  in  a  statement  (not  exceeding  one 
hundred  words)  give  his  position  or  views  upon  any  public 
measure  that  has  been  before  the  council  or  that  may  come 
before  the  council. 

CORRUPT  practices. 

Section  82.     Any    person    who    shall    perform    services  Penalty  for 
in  the  interest  of  a  candidate  for  any  office  provided  for  pracUces. 
in  this  act,  in  consideration  of  money  or  other  valuable 
thing  paid  or  to  be  paid  for  such  services,  shall  be  punished 
by  a  fine  not  exceeding  three  hundred  dollars,  or  by  impris- 
onment in"  the  county  jail  for  not  more  than  thirty  days. 

Section  83.  Any  candidate  for  office,  or  any  officer  who  Same  subject. 
shall  directly  or  indirectly  give  or  promise  any  person  or^ 
persons  either  money  or  any  other  valuable  thing  for  ser- 
vices performed  or  to  be  performed  in  the  interest  of  any 
candiclate  shall  be  punished  by  a  fine  not  exceeding  three 
hundred  dollars,  or  be  imprisoned  in  the  county  jail  for  not 
more  than  thirty  days. 

Section  84.     General   meetings   of  the   qualified   voters  General 
of  the  city  may  from  time  to  time  be  held  according  to  voters. 


the  right  secured  to  the  people  by  the  constitution  of  the 
commonwealth,  and  such  meetings  may,  and  upon  the  request 
in  writing  of  one  hundred  qualified  voters  setting  forth  the 
purpose  thereof,  shall  be  called  by  the  board  of  aldermen. 

Section  85.    All  special  acts  and  parts  of  special  acts  Repeal, 
applying  to  the  city  of  Chelsea  inconsistent  herewith  are 


854 


Acts,  1911.  — Chap.  680.  — Part  III. 


Provisos- 


Time  of 
taking  effect 
ot  Part  II. 


hereby  repealed,  and  all  general  acts  and  parts  of  general 
acts  inconsistent  herewith  shall  not  hereafter  apply  to  the 
city  of  Chelsea:  yrovidedy  however,  that  this  repeal  shall  not 
affect  any  act  done  or  any  right  accruing  or  accrued  or 
established,  or  any  suit  or  proceeding  had  or  begun  in  any 
civil  case  before  the  time  when  such  repeal  takes  eft'ect, 
and  that  no  offences  committed  and  no  penalty  or  for- 
feitures incurred  under  the  acts  or  parts  of  acts  hereby 
repealed  shall  be  affected  by  the  repeal;  and  provided,  also, 
that  all  persons  who  at  the  time  when  said  repeal  takes 
effect  shall  hold  any  office  under  said  acts  shall  continue 
to  hold  the  same  according  to  the  tenure  thereof,  except 
as  is  otherwise  provided  herein,  and  provided,  also,  that 
all  ordinances  of  the  city  of  Chelsea  in  force  at  the  time 
when  the  said  repeal  takes  effect,  and  not  inconsistent  with 
the  provisions  of  this  act,  shall  continue  in  force  until  the 
same  are  repealed  or  amended,  and  all  officers  elected  under 
such  ordinances  shall  continue  in  office  according  to  the 
tenure  thereof,  except  as  is  otherwise  provided  herein,  and 
provided,  further,  that  nothing  herein  contained  shall  in  any 
way  affect  the  civil  service  laws  or  regulations. 

Section  86.  If  Part  II  of  this  act  be  accepted,  it  shall 
take  effect  upon  its  acceptance  for  the  annual  city  election 
to  be  held  on  the  Tuesday  following  the  second  ]\Ionday  of 
December  in  the  year  nineteen  hundred  and  eleven,  for  the 
preliminary  election  for  nominations,  to  be  held,  under  the 
provisions  of  this  part,  on  the  third  Tuesday  preceding 
the  aforesaid  annual  city  election,  for  the  statements  of 
candidates  and  petitions  accompanying  statements  of  cantli- 
dates  to  be  filed  by  persons  whose  names  are  to  be  printed 
on  the  offfcial  ballots  to  be  used  at  such  preliminary  election, 
and  for  all  things  which  appertain  and  relate  to  said  annual 
city  election,  preliminary  election,  statements  of  candidates 
and  petitions  accompanying  statements  of  candidates;  and 
it  shall  take  eft'ect  for  all  other  purposes  at  ten  o'clock  in 
the  forenoon  on  the  first  Monday  of  January,  in  the  year 
nineteen  hundred  and  twelve. 


Questions  to 
bo  submitted 
to  voters,  etc. 


PART  III. 

Section  1.  This  act  shall  be  submitted  to  the  regis- 
tered male  voters  of  the  city  of  Chelsea  at  the  state  election 
in  the  year  nineteen  hundred  and  eleven.  At  said  election 
the  voters  shall  be  entitled  to  \'ote  primarily  on  the  follow- 


Acts,  1911.— Chap.  681.  855 

ing  question:  "Shall  the  Board  of  Control  of  this  City 
be  abolished  and  the  present  charter  repealed?"  and  sec- 
ondarily on  the  following  question :  "  If  the  Board  of  Control 
be  abolished  and  the  present  charter  repealed,  shall  the  new 
charter  of  this  city  be: 

"Plan  One:  A  municipal  council  to  consist  of  five  mem- 
bers," or 

"Plan  Two:  The  city  government  to  consist  of  a  mayor 
and  nine  aldermen." 

If  a  majority  of  the  ballots  cast  on  the  question  shall  be 
in  favor  of  abolishing  the  board  of  control  and  repealing 
the  present  charter,  the  plan  receiving  the  larger  number 
of  votes  on  the  secondary  question  shall  be  adopted  for  the 
charter  of  the  city  of  Chelsea.  Plan  One  shall  include  all 
of  the  provisions  of  Part  I  of  this  act  and  if  said  Plan  One 
is  adopted,  Part  II  of  this  act  shall  be  inoperative.  Plan 
Two  shall  include  all  of  the  provisions  of  Part  II  of  this 
act,  and  if  Plan  Two  is  adopted,  Part  I  of  this  act  shall  be 
inoperative.  If  on  any  ballot,  the  voter  shall  vote  for  both 
Plan  One  and  Plan  Two,  so  much  of  said  ballot  as  refers 
to  the  secondary  question  shall  not  be  counted. 

Section  2.     So  much  of  this  act  as  provides  for  the  sub-  Time  of 
mission  to  the  voters  of  the  several  questions  set  forth  in 
section  one  of  this  part  shall  take  effect  upon  its  passage. 

If  Part  I  of  this  act  shall  be  accepted,  it  shall  take  effect 
as  set  forth  in  section  sixty-two  of  Part  I. 

If  Part  II  of  this  act  shall  be  accepted,  it  shall  take  effect 
as  set  fortli  in  section  eighty-six  of  Part  11. 

Approved  July  15,  1911. 

An  Act  relative  to  the  appointment  of  railroad  and  /^/.^r,  (5gl 

RAILWAY    INSPECTORS    BY   THE    BOARD    OF   RAILROAD    COM-  * 

MISSIONERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  Part  I  of  chapter  four  hundred  and  sixty-  i906, 463,  §  i, 
three  of  the  acts  of  the  year  nineteen  hundred  and  six  is  aLended. 
hereby  amended  by  striking  out  the  words  "one  thousand", 
in  the  nineteenth  and  twentieth  lines,  and  inserting  in  place 
thereof  the  words:  —  seven  hundred  and  fifty. 

Approved  July  15,  1911. 


taking  effect. 


85G  Acts,  1911.  — Chaps.  682,  683,  684. 


(7Ar(p.682  An  Act  to  provide  for  the  retirement  of  justices  of 

DISTRICT,   municipal  AND   POLICE  COURTS. 

Be  it  enacted,  etc.,  as  follows: 

j^stiw^o"*"^  Section  1.  Any  justice  of  a  district,  municipal  or  police 
certain  courts,  court  who  sliall  liavc  rcachecl  the  age  of  seventy  years, 
and  who  shall  have  served  as  a  justice  of  such  court  for 
at  least  twenty  consecutive  years,  may,  with  the  approval 
of  the  governor  and  council,  resign  his  office  under  the 
provisions  of  this  section,  and  shall  thereupon  during  the 
remainder  of  his  natural  life  receive  an  amount  equal  to 
three  fourths  of  the  salary  payable  to  him  at  the  time  of  his 
resignation,  to  be  paid  in  the  same  manner  in  which  the 
salaries  of  acting  justices  are  paid. 
^'''""'''  Section  2.     So  much  of  any  act  as  is  inconsistent  here- 

with is  hereby  repealed. 
Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  Jidy  15,  1011. 

Cha2).683  An  Act  making  appropriations  for  the  maintenance 

OF  THE   GARDNER  STATE   COLONY. 

Be  it  enacted,  etc.,  as  follows: 

Appropria-  SECTION  1.     The  sums  hereinafter  mentioned  are  hereby 

appropriated  for  the  maintenance  of  the  Gardner  state 
colony  for  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eleven,  to  wit:  — 

TO^olv?'^  ^^^*°  From  the  receipts  of  said  colony  now  in  the  treasury  of 
the  commonwealth,  the  sum  of  twenty-six  hundred  twch'e 
dollars  and  sixty-four  cents;  and  from  the  treasury  of  the 
commonwealth  from  the  ordinary  revenue,  a  sum  not  ex- 
ceeding one  hundred  twenty-five  thousand  three  hundred 
eighty-seven  dollars  and  thirty-six  cents. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  Jidy  15,  1911. 

CJiap.()S4:  An  Act  making  appropriations  for  the  maintenance 

OF  the  monson  state  hospital. 

Be  it  enacted,  etc.,  as  follows: 

Uous"''"'*"  Section  1.     The  sums  hereinafter  mentioned  are  hereby 

appropriated  for  the  maintenance  of  the  jNIonson  state  hos- 


tioaa. 


Acts,  1911.  —  Chaps.  685,  686.  857 

pital  during  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eleven,  to  wit:  — 

From  the  receipts  of  said  hospital  now  in  the  treasury  Monson  state 
of  the  commonwealth,  the  sum  of  fourteen  thousand  seven  ''"^p'^'''- 
hundred  twenty-one  dollars  and  twenty  cents;    and  from 
the  treasury  of  the  commonwealth  from  the  ordinary  rev- 
enue, a  sum  not  exceeding  one  hundred  seventy-four  thou- 
sand four  hundred  seventy-eight  dollars  and  eighty  cents. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  15,  1911. 

An  Act  making  appropriations  for  the  maintenance  of  (JJiarpQ^^ 

THE  WRENTHAM  STATE   SCHOOL.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  hereby  Appropria- 
appropriated  for  the  maintenance  of  the  Wrentham  state 
school  for  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eleven,  to  wit:  — 

From  the  receipts  of  said  school  now  in  the  treasury  of  the  Wrentham 
commonwealth,  the  sum  of  two  hundred  twenty-two  dollars  ^'^te  school, 
and  thirty-eight  cents;  and  from  the  treasury  of  the  com- 
monwealth from  the  ordinary  revenue,  a  sum  not  exceeding 
sixty-eight  thousand  five  hundred  seventy-seven  dollars  and 
sixty-two  cents. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  Jidy  15,  1911. 

An  Act  making  appropriations  for  the  maintenance  of  n^^n^y  (jg(3 

THE   BOSTON   STATE   HOSPITAL.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  hereby  Appropria- 
appropriated  for  the  maintenance  of  the  Boston  state  hospital  *'°"^' 
for  the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eleven,  to  wit:  — 

From  the  receipts  of  said  hospital  now  in  the  treasury  Bostpn  state 
of  the  commonwealth,  the  sum  of  twenty-seven  thousand  ^°®p'*'''- 
seven  hundred  seventeen  dollars  and  three  cents;  and  from 
the  treasury  of  the  commonwealth  from  the  ordinary  revenue, 
a  sum  not  exceeding  one  hundred  ninety-five  thousand  eight 
hundred  eighty-two  dollars  and  ninety-seven  cents. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  15,  1911. 


858 


Acts,  1911.  —  Chats.  GST,  G88. 


Appropriation, 
sou  til  luelro- 
poliliin  8.\sl(Mn 
of  Hewage  dis- 
posal. 


Chap.(S81  An  Act  making  an  appropriation  for  operating  the 

SOUTH  metropolitan   SYSTEM   OF   SEWAGE   DISPOSAL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  A  sum  not  exceeding  one  hundred  and  one 
thousand  eiglit  hundred  dollars  is  hereby  appropriated,  to  be 
paid  out  of  the  South  Metropolitan  System  Maintenance 
Fund,  for  the  cost  of  maintenance  and  operation  of  the 
south  metropolitan  system  of  sewage  disposal,  comprising 
a  part  of  Boston,  the  cities  of  Newton  and  Waltbam,  and 
the  towns  of  Brookline,  Watertown,  Dedham,  H\'de  Park 
and  Milton,  during  the  fiscal  year  ending  on  the  thirtieth 
day  of  November,  nineteen  hundred  and  eleven. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Appromd  July  15,  1911. 


Chap.688 


Appropria- 
tions, slate 
board 
of  insanity. 


Expenses. 


Salaries. 


Transporta- 
tion, etc.,  of 
stuto 
paupers.     • 


Insane 
paupors 
boarded  out, 
etc. 


Hoapilal 
( 'oi  tail's  for 
Childruu. 


An  Act  making  appropriations  for  salaries  and  ex- 
penses in  the  department  of  the  state  board  of 
insanity. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  sums  hereinafter  mentioned  are  hereby 
appropriated,  to  be  paid  out  of  the  treasmy  of  the  common- 
wealth from  the  ordinary  revenue,  for  the  state  board  of 
insanity,  for  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eleven,  to  wit:  — 

For  travelling,  office  and  contingent  expenses,  including 
the  printing  and  binding  of  the  annual  report,  a  sum  not 
exceeding  eight  thousand  dollars. 

For  salaries  of  officers  and  employees,  a  sum  not  exceeding 
thirty-nine  thousand  dollars. 

For  transportation  and  medical  examination  of  state 
paupers  under  the  charge  of  the  board,  for  the  present  year 
and  for  previous  years,  a  sum  not  exceeding  eleven  thousand 
five  hundred  dollars. 

For  the  support  of  insane  paupers  boarded  out  in  fami- 
lies, under  the  charge  of  the  board,  or  temporarily  absent 
under  authority  of  the  same,  for  the  present  year  and  for 
previous  years,  a  sum  not  exceeding  forty-one  thousand 
dollars. 

For  the  support  of  state  paui)crs  in  the  TTos])ital  Cottages 
for  Children,  a  sum  not  exceeding  twelve  thousand  fi\c 
hundred  dollars. 


Acts,  1911.  — Chaps.  689,  690.  859 

For  the  expenses  of  an.  investigation  as  to  the  nature,  Treatment  of 
causes,  results  antl  treatment  of  mental  diseases  and  defects,  diseasea, 
and  the  publication  of  the  results  thereof,  a  sum  not  exceed- 
ing twenty-five  hundred  dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  15,  1911. 

An  Act  making  appropriations  for  the  maintenance  of  C7iap.6S9 

THE  TAUNTON   STATE   HOSPITAL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  hereby  Appropria- 
appropriated   for   the   maintenance   of   the   Taunton   state 
hospital  for  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eleven,  to  wit :  — 

From  the  receipts  of  said  hospital  now  in  the  treasury  of  j^o^^^taf  ^'^*^*' 
the  commonwealth,  the  sum  of  thirty-nine  thousand  one 
hundred  eighty  dollars  and  twenty-four  cents;  and  from  the 
treasury  of  the  commonwealth  from  the  ordinary  revenue,  a 
sum  not  exceeding  one  hundred  ninety-seven  thousand  four 
hundred  nineteen  dollars  and  seventy-six  cents. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  15,  1911. 


GhapmO 


An  Act  making  appropriations  for  the  maintenance 
of  the  massachusetts  school  for  the  feeble-minded. 

Be  it  enacted,  etc.,  as  follows. • 

Section  1.     The  sums  hereinafter  mentioned  are  hereby  Appropm- 
appropriated    for   the    maintenance    of   the    Massachusetts  ^'°"^' 
School  for  the  Feeble-Minded  for  the  fiscal  vear  ending  on 
the  thirtieth  day  of  November,  nineteen  hundred  and  eleven, 
to  wit:  — 

From  the  receipts  of  said  school  now  in  the  treasury  of  Massachusetts 
the  commonwealth,  the  sum  of  twenty  thousand  four  hun-  thoFeebre- 
dred  sixty-nine  dollars  and  four  cents ;  and  from  the  treasury  °^'"'^®''- 
of  the  commonwealth  from   the  ordinary  revenue,  a  sum 
not  exceeding  two  hundred  fifty-eight  thousand  five  hundred 
thirty  dollars  and  ninety-six  cents. 

For  the  city  of  Waltham  for  the  annual  assessment  due  city  of 
from  the  commonwealth  toward  maintaining  and  operat-  ^'^i^^'^- 
ing  a  system  of  sewage  disposal  at  the  Massachusetts  School 
for  the  Feeble-Minded,  the  sum  of  eight  hundred  twenty 
dollars  and  eighty-nine  cents,   as  provided  for  in  section 


860 


Acts,  1911.  —  Chaps.  G91,  692,  693. 


three  of  chapter  eighty-three  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-three. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  15,  1911. 

CliapS)^\  An  Act  making  an  appropriation  for  operating  the 

NORTH   metropolitan   SYSTEM   OF   SEWAGE   DISPOSAL. 


Be  it  enacted,  etc.,  as  follows: 


Appropriation, 
riorl  h  metro- 


Section  1.     A    sum    not    exceeding    one    hundred    and 
poiitan  sy.stem    fifty-two  thousaud  eight  hundred  dollars  is  hereby  appro- 

ol  scwaga  dia-  ,*'  -pi  i  . 

posai.  priated,  to  be  paid  out  of  the  North  Metropolitan  System 

Maintenance  Fund,  for  the  maintenance  and  operation  of 
the  system  of  sewage  disposal  for  the  cities  included  in 
what  is  known  as  the  north  metropolitan  system,  during 
the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eleven. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  15,  1911. 

CJfar).ij92  An  Act  making  appropriations  for  the  maintenance 

OF  THE   WORCESTER   STATE   HOSPITAL. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  sums  hereinafter  mentioned  are  hereby 
appropriated  for  the  maintenance  of  the  Worcester  state 
hospital  for  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eleven,  to  wit:  — 

From  the  receipts  of  said  hospital  now  in  the  treasury 
of  the  commonwealth,  the  sum  of  seventy-three  thousand 
four  hundred  eighty-seven  dollars  and  nineteen  cents;  and 
from  the  treasury  of  the  commonwealth  from  the  ordinary 
revenue,  a  sum  not  exceeding  two  hundred  twenty-nine 
thousand  five  hundred  twelve  dollars  and  eighty-one  cents. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Aj) proved  July  15,  1911. 

C7iap.69^  An  Act  making  appropriations  for  the  Massachusetts 

commission  for  the  blind. 

Be  it  enacted,  etc.,  as  follows: 

^onr""**'  Section  1.     The  sums  hereinafter  mentioned  are  liereby 

Massaciuisotts    approi^Hatcd,  to  be  paid  out  of  the  treasurv  of  the  com- 

comnUMMioii  IIP  1  !•  i>"i-  1 

for  tho  bimd.     monvvealtli    irom    the    ordinary    revenue,    tor    salaries    and 
expenses   of  the   IVlassachusotts   commission   for  the   blind 


Appropria- 
tioria. 


Worcester 
state  hospital. 


Acts,  1911.  — Chaps.  G94,  695.  861 

for  the  fiscal  year  ending  on  the  thirtieth  day  of  Novem- 
ber, nineteen  hundred  and  eleven,  to  wit:  — 

For  the  maintenance  of  industries  under  the  control  of  ^'industdes. 
said  commission,  a  sum  not  exceeding  twenty-five  thousand 
dollars. 

For  general   administration,   furnishing  information,   in-  General  ad- 
dustrial  and  educational  aid  and  other  expenses  in  carrying  ^c°'^  '^^  '°°' 
out  the  provisions  of  the  act  establishing  said  commission, 
a  sum  not  exceeding  twenty-five  thousand  dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Ayyromd  July  15,  1911. 

An  Act  making  appropriations  for  the  maintenance  ChapXS^4i 

OF  THE   WESTBOROUGH   STATE   HOSPITAL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  hereby  Appmpria- 
appropriated  for  the  maintenance  of  the  Westborough  state 
hospital  for  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eleven,  to  wit:  — 

From  the  receipts  of  said  hospital  now  in  the  treasury  WestborouRh 
of  the  commonwealth,  seventy-eight  thousand  two  hundred  ^'"^^^  °^^"^ ' 
fifty-nine  dollars  and  ninety-four  cents;   and  from  the  treas- 
ury of  the  commonwealth  from  the  ordinary  revenue,  a  sum 
not  exceeding  two  hundred  ten  thousand  seven  hundred 
forty  dollars  and  six  cents. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Ayproxed  Jidy  15,  1911. 

An  Act  making  appropriations  for  the  maintenance  (JJiq^j)  (395 
of  the  medfield  state  asylum. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  hereby  Appropria- 
appropriated   for  the   maintenance   of  the   Medfield   state 
asylum  for  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eleven,  to  wit:  — 

From  the  receipts  of  said  asylum  now  in  the  treasury  Medfield  state 
of  the  commonwealth,   the   sum   of   ninety-three   hundred  ^^^ "™' 
twenty-seven  dollars  and  sixty-eight  cents;    and  from  the 
treasury  of  the  commonwealth  from  the  ordinary  revenue, 
a  sum  not  exceeding  three  hundred  twenty-nine  thousand 
four  hundred  twelve  dollars  and  thirty-two  cents. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  15,  1911. 


862 


Acts,  1011.  —  Chaps.  GOG,  G07,  G08. 


Appropriation, 
openiting  the 
metropolitan 
water  system. 


Chaj^.Qdij  An  Act  making  an  appropriation  for  operating  the 

METROPOLITAN   WATER  SYSTEM. 

Be  it  enacted,  etc.,  as  follows :_ 

Section  1.  A  sum  not  exceeding  four  hundred  nineteen 
thousand  eight  hundred  dollars  is  hereby  appropriated,  to 
be  paid  out  of  the  Metropolitan  Water  Maintenance  Fund, 
for  the  maintenance  and  operation  of  the  metropolitan  water 
system  for  the  cities  and  towns  in  what  is  known  as  the 
metropolitan  water  district,  during  the  fiscal  year  ending 
on  the  thirtieth  day  of  November,  nineteen  hundred  and 
eleven. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  Jidy  15,  1011. 


C7iaj).i¥,)7  An  Act  making  appropriations  for  the  maintenance 

of  the   NORTHAMPTON   STATE   HOSPITAL. 


Appropria- 
tions. 


Northampton 
state  hospital. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  hereby 
appropriated  for  the  maintenance  of  the  Northampton  state 
hospital  during  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eleven,  to  wit:  — 

From  the  receipts  of  said  hospital  now  in  the  treasury  of 
the  commonwealth,  the  sum  of  fifty-one  thousand  three 
hundred  eighty-nine  dollars  and  nineteen  cents;  and  from 
the  treasury  of  the  commonwealth  from  the  ordinary  revenue, 
a  sum  not  exceeding  one  hundred  twenty-eight  thousand  six 
hundred  ten  dollars  and  eighty-one  cents. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  Jidij  15,  1911. 


ChajKG^S  An  Act  making  appropriations  for  the  maintenance 

of  the  danvers  state  hospital. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  sums  hereinafter  mentioned  are  hereby 
appropriated  for  the  maintenance  of  the  Danvers  state 
hospital  for  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eleven,  to  wit:  — 

From  the  receipts  of  said  hospital  now  in  the  treasury  of 
the  commonwealth,  the  sum  of  sixty-four  thousand  seven 
hundred   sixteen  dollars  and   ninety   cents;  and   from   the 


Appropria- 
tions. 


Danvers  state 
hospital. 


Acts,  1911.  — Chaps.  699,  700.  863 

treasury  of  the  commonwealth  from  the  ordinary  revenue,  a 
sum  not  exceeding  two  hundred  ninety-three  thousand  nine 
hundred  eighty-three  dollars  and  ten  cents. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  15,  1911. 

An  Act  making  appropriations  for  the  maintenance  Chaii.^'^^ 

OF  the   WORCESTER   STATE   ASYLUM. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     The  sums  hereinafter  mentioned  are  hereby  Appropria- 
appropriated  for  the  maintenance  of  the  Worcester  state  *'°°^" 
asylum  for  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eleven,  to  wit:  — 

From  the  receipts  of  said  asylum  now  in  the  treasury  of  Worcester 
the  commonwealth,  the  sum  of  ninety-two  hundred  seven 
dollars  and  eighty-five  cents;  and  from  the  treasury  of  the 
commonwealth  from  the  ordinary  revenue,  a  sum  not  ex- 
ceeding two  hundred  forty-eight  thousand  seven  hundred 
ninety-two  dollars  and  fifteen  cents. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  15,  1911. 

An  Act  making  appropriations  for  salaries  and  ex-  (JJiq.^  jqO 
penses  in  the  office  of  the  prison  commissioners,  ' 

and  for  sundry  reformatory  expenses. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropna- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth  commi^si^ers. 
from  the  ordinary  revenue,  for  the  prison  commissioners, 
for  the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eleven,  to  wit:  — 

For  the  salary  of  the  chairman,  four  thousand  dollars.      chairman. 

For   the   salary   of   the   secretary,    twenty-five   hundred  Secretary. 
dollars. 

For  clerical  assistance,  a  sum  not  exceeding  forty-nine  clerical 

hundred    dollars.  assiatance. 

For  the  salaries  of  agents,  fifty-two  hundred  dollars.  Agents. 

For  travelhng  expenses,  a  sum  not  exceeding  three  thousand  Travelling 

c>        i^  '  o  expenses. 

dollars. 

For   incidental   and   contingent   expenses,   including  the  incidental 
printing  and  binding  of  the  annual  report,  a  sum  not  ex-  ®''p®°^^^- 
ceeding  twenty-eight  hundred  dollars. 


8G4 


Acts,  1911.  — Chaps.  701,  702. 


Assistance  to 
prisoners. 


Agent  for 
aidins;  dis- 
charged female 

prisoners. 

Removing 
prisoners. 


Identification 
of  criminals. 


For  assistance  to  prisoners  discharged  from  the  state 
prison,  Massachusetts  reformatory,  prison  camp  and  hos- 
pital, and  to  discharged  female  prisoners,  a  sum  not  exceed- 
ing eleven  thousand  dollars. 

For  the  salary  of  the  agent  for  aiding  discharged  female 
prisoners,  one  thousand  dollars. 

For  expenses  incurred  in  removing  prisoners  to  and  from 
state  and  county  prisons,  a  sum  not  exceeding  twenty-one 
hundred  dollars. 

For  expenses  in  connection  with  the  identification  of 
criminals,  a  sum  not  exceeding  seventeen  hundred  dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Ayyroved  July  15,  1911. 


ChapTiOl  An  Act  MAiaNG  an  appropriation  for  the  maintenance 

OF  THE  STATE  PRISON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  A  sum  not  exceeding  one  hundred  and 
seventy-nine  thousand  dollars  is  hereby  appropriated,  to 
be  paid  out  of  the  treasury  of  the  commonwealth  from  the 
ordinary  revenue,  for  the  maintenance  of  the  state  prison 
for  the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eleven. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Aypromd  July  15,  1011. 


Apjiropria- 
tions,  state 
prison. 


Appropriation, 
reformatory 
for  women. 


Chap.702  An  Act  making  appropriations  for  the  maintenance 

of  the  reformatory  for  women. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  A  sum  not  exceeding  sixty-two  thousand  dol- 
lars is  hereby  appropriated,  to  be  paid  out  of  the  treasury 
of  the  commonwealth  from  the  ordinary  revenue,  for  the 
maintenance  of  the  reformatory  for  women  for  the  fiscal  year 
ending  on  the  thirtieth  day  of  November,  nineteen  hundred 
and  eleven.    . 

For  the  town  of  Framingham,  toward  the  annual  expense 
of  maintaining  the  system  of  sewage  disposal  at  said  re- 
formatory, the  sum  of  six  hundred  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  15,  1011. 


Town  of 
Framingham. 


Acts,  1911.  — Ciiai-.  703.  8G5 


An  Act  making  appropriations  for  salaries  and  ex-  Chap.lOS 

PENSES  IN  THE  OFFICE  OF  THE  BOARD  OF  EDUCATION, 
AND  FOR  SUNDRY  EDUCATIONAL  EXPENSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth  education!^ 
from  the  ordinary  revenue,  for  the  salaries  and  expenses  of 
the  board  of  education,  for  the  fiscal  year  ending  on  the 
thirtieth  day  of  November,  nineteen  hundred  and  eleven, 
to  wit:  — 

For  the  salaries  of  the  commissioner,   deputy  commis-  Commissioner, 

•  •,,  ,  ij?i'ii  assistants,  etc. 

sioners,  assistants,  agents,  and  tor  clerical  and  messenger 
services  of  said  board,  a  sum  not  exceeding  forty-four  thou- 
sand dollars. 

For  travelling  expenses  of  commissioner,  deputies,  agents  Travelling 
and  assistants,  a  sum  not  exceeding  five  thousand  dollars. 


expenses. 


For  rent  of  offices  for  the  use  of  the  board  of  education.  Rent  of 
a  sum  not  exceeding  thirty-three  hundred  dollars. 

For  incidental  expenses  of  the  board,  the  travelling  and  incidental 

^  »     ,1  1  ji  i"  1     p        expenses,  etc. 

other  necessary  expenses  oi  the  members  thereof,  and  tor 
obtaining  information  regarding  educational  methods  in 
other  states,  a  sum  not  exceeding  six  thousand  dollars. 

For  printing  and  binding  the  annual  report,  a  sum  not  Annual 
exceeding  thirty-five  hundred  dollars. 


SUPPORT   OF   STATE   NORMAL  SCHOOLS. 

Bridgewater,    a   sum   not   exceeding   fifty-four   thousand  Br°id"eiater°°'' 
eight  hundred  and  twenty-six  dollars. 

Fitchburg,  a  sum  not  exceeding  forty-three  thousand  eight  Fitchburg. 
hundred  and  twentv  dollars. 

Framingham,  a  sum  not  exceeding  forty-five  thousand  Framingham. 
one  hundred  and  fifty-five  dollars. 

Hyannis,  a  sum  not  exceeding  twenty-four  thousand  nine  Hyannis. 
hundred  and  sixty  dollars. 

Lowell,   a  sum  not  exceeding  thirty-four  thousand  one  Loweii. 
hundred  and  twenty-seven  dollars. 

North  Adams,   a  sum  not  exceeding  thirty-seven  thou-  North  Adams, 
sand  six  hundred  and  ninety-five  dollars. 

Salem,   a   sum   not   exceeding   forty-six   thousand   seven  saiem. 
hundred  and  ninety-seven  dollars. 


8GG 


Acts,  1911.  — Chap.  703. 


Wcstfield. 
Worcester. 


Normal  art 
echool. 

Aid  to  pupils. 


Teachers' 
institutes. 

Massachusetts 

Teachers' 

Association. 


County 

teachers' 
associations. 

School  super- 
intendents. 


Education  of 
deaf  pupils. 


School 
registers,  etc. 

Perkins  Institu- 
tion and  Massa- 
chusetts School 
for  the  Blind. 


Tuition 
of  certain 
children. 


Instrviftion  of 
udult  blind. 


Westfield,  a  sum  not  exceeding  thirty-three  thousand 
eight  hundred  and  thirty  dollars. 

Worcester,  a  sum  not  exceeding  forty-one  thousand  three 
hundred  and  seventy-nine  dollars. 

Normal  art  school,  a  sum  not  exceeding  thirty-eight  thou- 
sand three  hundred  and  fifteen  dollars. 

For  aid  to  pupils  in  state  normal  schools,  a  sum  not  ex- 
ceeding four  thousand  dollars,  payable  in  semi-annual  in- 
stalments, to  be  expended  under  the  direction  of  the  board 
of  education. 

For  expenses  of  teachers'  institutes,  a  sum  not  exceeding 
two  thousand  dollars. 

For  the  Massachusetts  Teachers'  Association,  the  sum  of 
three  hundred  dollars,  subject  to  the  approval  of  the  board 
of  education. 

For  expenses  of  county  teachers'  associations,  a  sum  not 
exceeding  seven  hundred  dollars. 

To  enable  small  towns  to  provide  themselves  with  school 
superintendents,  a  sum  not  exceeding  eighty-eight  thousand 
dollars. 

For  the  education  of  deaf  pupils  of  the  commonwealth 
in  the  schools  designated  by  law,  for  the  present  year  and 
for  previous  years,  a  sum  not  exceeding  one  hundred  and 
fifteen  thousand  dollars. 

For  school  registers  and  other  school  blanks  for  the  towns 
and  cities,  a  sum  not  exceeding  two  thousand  dollars. 

For  the  Perkins  Institution  and  INIassachusetts  School 
for  the  Blind,  as  provided  by  chapter  nineteen  of  the  resolves 
of  the  year  eighteen  hundred  and  sixty-nine,  the  sum  of 
thirty  thousand  dollars. 

For  the  payment  of  tuition  of  children  in  high  schools 
outside  of  the  town  in  which  they  live,  as  provided  by  sec- 
tion three  of  chapter  forty-two  of  the  Kevised  Laws,  as 
amended  by  chapter  four  hundred  and  thirty-three  of  the 
acts  of  the  year  nineteen  hundred  and  two,  for  the  present 
year  and  for  previous  years,  a  sum  not  exceeding  seventy 
thousand  dollars.  And  there  also  may  be  paid  from  this 
amount  such  sum  as  may  be  necessary  for  trans])ortation 
to  and  from  school  of  children  living  upon  islands  within 
the  commonwealth  not  provided  with  schools. 

To  provide  for  the  instruction  of  the  adult  blind  at  their 
homes  by  the  Perkins  Institution  and  INIassachusetts  School 
for  the  Blind,  the  sum  of  five  thousand  dollars. 


Acts,  1911.  — Chaps.  704,  705,  706.  867 

F'or  furnishing  school  committees  with  rules  for  testing  Rules  for 
the  sight  and  hearing  of  pupils,  a  sum  not  exceeding  eight  etc!'"^^*^   ' 
hundred  dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Apijroved  July  15,  1911. 

An  Act  making  an  appropriation  for  maintaining  the  (Jjidjy  704 

PRISON   CAMP  AND   HOSPITAL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    A  sum  not  exceeding  forty-six  thousand  dol-  Appropriation, 
lars  is  hereby  appropriated,  to  be  paid  out  of  the  treasury  and  hospital, 
of  the  commonwealth  from  the  ordinary  revenue,  for  sal- 
aries and  expenses  at  the  prison  camp  and  hospital,  for  the 
fiscal  year  ending  on  the  thirtieth  day  of  November,  nine- 
teen hundred  and  eleven. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  15,  1911. 

An  Act  making  an  appropriation  for  the  maintenance  (j]iQ^jy  705 

of  the  MASSACHUSETTS   REFORMATORY.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     A  sum  not  exceeding  two  hundred  and  thirty-  Appropriation. 
seven  thousand  nine  hundred  dollars  is  hereby  appropriated,  rerormatory?^ 
to  be  paid  out  of  the  treasury  of  the  commonwealth  from 
the  ordinary  revenue,  for  the  maintenance  of  the  Massachu- 
setts reformatory  for  the  fiscal  year  ending  on  the  thirtieth 
day  of  November,  nineteen  hundred  and  eleven. 

Six^tion  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  15,  1911. 

An  Act  making  appropriations  for  the  maintenance  nu„^  706 

OF  THE   FOXBOROUGH   STATE   HOSPITAL.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  sums  hereinafter  mentioned  are  appro-  Foxboroucth 
priated  for  the  maintenance  of  the  Foxborough  state  hospital  8*^*^  ^o^p'**'- 
for  the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eleven,  to  wit:  — 

From  the  receipts  of  said  hospital  now  in  the  treasury  Appropria- 
of  the  commonwealth,  the  sum  of  eighty-one  hundred  twenty  *'°''^' 
dollars  and  seventy-five  cents;    and  from  the  treasury  of 


868 


Acts,  1911.  — Chaps.  707,  708. 


the  commonwealth  from  the  ordinary  revenue,  a  sum  not 
exceeding  ninety-one  thousand   one  hundred   seventy-nine 
dollars  and  twenty-five  cents. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Apy roved  July  15,  1911. 


Water  supply 
for  the  towa 
of  Hanover. 


Certain  other 
towns  may 
supply  the 
water. 


Chajy.^Ol  Ajst  Act  to  authorize  the  town  of  hanover  to  procure 

WATER  FROM  THE  TOWNS  OF  ROCKLAND  AND  ABINGTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  contracts  for  the  supply  of  water  which 
the  town  of  Hanover  is  authorized  by  chapter  two  hundred 
and  forty-eight  of  the  acts  of  the  year  nineteen  hundred  and 
eleven  to  make  with  any  adjoining  town,  may  be  made  with 
any  adjoining  or  neighboring  town  or  towns  including  the 
towns  of  Rockland  and  Abington. 

Section  2.  The  towns  of  Rockland  and  Abington, 
acting  jointly,  are  authorized  to  furnish  from  the  joint 
water  supply  of  the  said  towns  to  the  town  of  Hanover, 
or  to  the  inhabitants  thereof,  a  supply  of  water  for  the 
extinguishment  of  fires  and  for  domestic,  manufacturing 
and  other  purposes. 

Section  3.  This  act  shall  take  effect  upon  its  accept- 
ance by  a  majority  vote  of  the  voters  of  the  towns  of  Rock- 
land and  Abington  present  and  voting  thereon  at  a  legal 
town  meeting  called  for  that  purpose  in  each  of  the  said 
towns  within  three  years  after  the  passage  of  this  act;  but 
the  number  of  meetings  so  called  in  either  of  the  said  towns 
shall  not  exceed  three;  and  for  the  purpose  of  being  sub- 
mitted to  the  voters  as  aforesaid  this  act  shall  take  effect 
upon  its  passage.  Approved  July  15,  1911. 


Time  of  taking 
effect. 


Chap.708  An  Act  to  authorize  the  making  of  appropriations 

FOR  INCREASING  THE  PRESENT  SALARIES  OF  THE  TEACHERS 
IN  THE  PUBLIC  SCHOOLS  OF  THE  CITY  OF  BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  four  hundred  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-eight, 
as  amended  by  section  one  of  chapter  four  himdred  and 
forty-eight  of  the  acts  of  the  year  nineteen  hundred  and 
one,  by  section  one  of  chapter  one  hundred  and  seventy 
of  the  acts  of  the  year  nineteen  hundred  and  three,  by 
section  one  of  chapter  two  hundred  and  five  of  the  acts 


1898,  400,  §  1,  • 
etc.,  amended. 


Acts,  1911.  — CnAr.  708.  869 

of  the  year  nineteen  hundred  and  six,  and  by  section  one 
of  chapter  three  hundred  and  eighty-eight  of  the  acts  of 
the  year  nineteen  hundred  and  nine,  is  hereby  further 
amended  by  striking  out  the  said  section  and  inserting 
in   place   thereof   the   following:  —  Section  1.    The   school  Appropriations 

.  ci'PT*'  1  '^         school 

committee  oi  the  city  oi  Boston,  in  each  year,  by  vote  committee  of 
of  four  fifths  of  all  its  members,  taken  by  yeas  and  nays, 
may  make  an  appropriation  in  one  sum  for  constructing 
and  furnishing  new  school  buildings,  including  the  taking 
of  land  therefor,  and  for  school  yards,  and  the  preparing 
of  school  yards  for  use,  and  may  also  make  an  appropria- 
tion in  one  sum  for  repairs  and  alterations  of  school  build- 
ings, and  may  make  such  other  appropriations  by  items 
for  the  support  of  the  public  schools  as  it  deems  necessary. 
The  total  amount  thus  to  be  appropriated  for  the  public 
schools  of  the  city  and  their  support,  in  addition  to  the 
money  which  may  be  given  therefor,  the  income  collected, 
the  balance  of  appropriations  of  preceding  years,  and  the 
money  which  may  be  authorized  by  acts  of  the  general 
court  passed  prior  to  the  year  nineteen  hundred  and  eleven 
and  not  repealed,  shall  not  exceed  the  following  sums  for 
the  periods  specified,  to  wit:  —  for  the  financial  year  end- 
ing on  the  thirty-first  day  of  January,  nineteen  hundred 
and  thirteen,  three  dollars  and  eighty  cents,  for  the  finan- 
cial year  ending  on  the  thirty-first  day  of  January,  nine- 
teen hundred  and  fourteen,  three  dollars  and  ninety  cents, 
for  the  financial  year  ending  on  the  thirty-first  day  of  Janu- 
ary, nineteen  hundred  and  fifteen,  and  for  each  financial 
year  thereafter,  three  dollars  and  ninety-five  cents  upon 
each  one  thousand  dollars  of  the  valuation  on  which  the 
appropriations  of  the  city  council  are  based ;  and  the  amounts 
which  may  so  be  raised  shall  be  appropriated  by  the  school 
committee  as  aforesaid,  and  shall  be  a  part  of  and  be  met  by 
taxes  within  the  tax  limit;  and  of  said  amounts  not  less 
than  forty  cents  upon  every  such  one  thousand  dollars  shall 
be  appropriated  solely  for  new  school  buildings,  lands,  yards 
and  furnishings  as  aforesaid,  and  not  less  than  twenty-five 
cents  upon  every  such  one  thousand  dollars  shall  be  appro- 
priated solely  for  repairs  and  alterations  of  school  buildings. 

Section  2.     Said   chapter  four  hundred  of  the  acts  of  l^^^-f^. 

•    1  1  1       1  1        •  •    1  11^  2  added. 

the  year  eighteen   hundred  and   ninety-eight  as  amended 

is   also    further    amended    by    inserting    after    section    one 

thereof    the    following    new    section:  —  Section  2.    Of    the  Amounts  to  be 

appropriations  which  the  school  committee  is  authorized  for^'the"^'^ 


870 


Acts,  1911.  — Chaps.  709,  710. 


purpose  of 
increasing 
salaries  of 
certain  school 
teachers. 


by  section  one  of  this  act  to  make  for  the  support  of  the 
public  schools,  a  sum  equalling  ten  cents  for  the  financial 
year  ending  on  the  thirty-first  day  of  January  in  the  year 
nineteen  hundred  and  thirteen,  a  sum  equalling  twenty 
cents  for  the  financial  year  ending  on  the  thirty-first  day 
of  January  in  the  year  nineteen  hundred  and  fourteen, 
and  a  sum  equalling  twenty-five  cents  for  each  financial 
year  thereafter,  upon  each  one  thousand  dollars  of  the 
valuation  on  which  the  appropriations  of  the  city  council 
are  based,  shall  wholly  be  appropriated  by  said  school 
committee  for  the  purpose  of  increasing  the  present  sal- 
aries of  the  teachers  in  the  public  schools  of  the  city,  and 
nothing  contained  in  any  statute  heretofore  enacted  shall 
prevent  the  school  committee  from  putting  such  increases 
into  effect  when  the  funds  therefor  shall  become  available 
under  the  provisions  of  this  act. 
Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  15,  1911. 


Chap.709  An  Act  relative  to  health  districts,  and  to  inspectors 

OF  HEALTH   OF   THE   COMMONWEALTH. 


Gathering 
information 
relative  to  the 
prevalence  of 
tuberculosis. 


Be  it  enacted,  etc.,  as  follows: 

The  state  board  of  health  for  the  purpose  of  gathering 
all  information  possible  concerning  the  prevalence  of  tuber- 
culosis and  other  diseases  dangerous  to  the  public  health  and 
of  carrying  out  the  provisions  of  chapter  five  hundred  and 
thirty-seven  of  the  acts  of  the  year  nineteen  hundred 
and  seven,  and  of  acts  in  amendment  thereof,  may  ex])end 
out  of  the  treasury  of  the  commonwealth  anmially  for 
salaries  and  other  expenses,  in  addition  to  the  sum  now 
authorized,  a  sum  not  exceeding  six  thousand  dollars. 

Approved  July  15,  1911. 


Chap.7 10  An  Act  to  establish  the  salary  of  Joseph  r.  mccoole, 

ASSISTANT    REGISTER    OF    PROBATE    AND    INSOLVENCY    FOR 
THE  COUNTY  OF  NORFOLK. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Joseph  11.  McCoole,  assistant  register  of 
l^robate  and  insolvency  for  the  county  of  Norfolk,  shall 
receive  a  salary  of  sixteen  hundred  and  fifty  dollars  a  year, 
I)ayable  from  the  treasury  of  the  commonwealth,  to  be  so 
allowed  from  the  beginning  of  the  present  fiscal  year. 


Salary  of  the 
assistant 
reeistor  of 
prolmto,  etc., 
county  of 
Norfolk, 
established. 


Acts,  1911.  — Chap.  711.  871 

Section  2.    All  acts  and  parts  of  acts  inconsistent  here-  Repeal, 
with  are  hereby  repealed. 
Section  3.    This  act  shall  take  effect  upon  its  passage. 

A'pproved  July  15,  1911. 

An  Act  to  provide  for  the  improvement  of  a  highway  Q]i(ij)  7^1 

IN  the   counties   of   BERKSHIRE   AND   HAMPSHIRE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  Massachusetts  highway  commission  is  improvement 
hereby   authorized   to   expend   the   sum   of   ten   thousand  higliwaTin  the 
dollars  during  the  present  year  in  the   construction  and  Be^kshfrelnd 
improvement  of  the  highway  between  the  present  easterly  Hampshire, 
terminus  of  the  state  highway  in  the  town  of  Dalton  and 
the  present  westerly  terminus  of  the  state  highway  in  the 
town  of   Goshen,   in  order  that  said  way  may   be  made 
safe  and  convenient  for  public  travel.     Neither  said  way 
nor  any  part  thereof  shall  thereby  become  a  state  high- 
way, but  the  way  shall  be  maintained  and  kept  in  good 
repair  by  the  town  or  towns  in  which  it  is  situated  until 
such  time  as  it  shall  become  a  state  highway.  This  act 
shall  not  be  construed  as  prohibiting  the  laying  out  and 
construction  of  said  way  or  any  part  thereof  as  a  state 
highway  under  the  laws  applicable  thereto  whenever  said 
commission   shall  deem  it  expedient   so   to  do.     Any  un- 
expended balance  of  the  sum  hereby  authorized  to  be  ex- 
pended may  be  used  in  the  succeeding  year  for  the  same 
purpose. 

Section  2.     For  the  purpose  of  meeting  the  expenditures  Treasurer  and 
authorized  by  this  act,  the  treasurer  and  receiver  general  may  ksue''"'^' 
is  hereby  empowered  to  issue  bonds  or  certificates  of  in-  •^^'^^s- *^tc. 
debtedness  to  an  amount  not  exceeding  five  thousand  dol- 
lars, in  the  manner  provided  by  section  two  of  chapter  six 
hundred  and  sixteen  of  the  acts  of  the  year  nineteen  hun- 
dred and  eight,  and  said  commission  may  expend  in  addition 
the  sum  of  five  thousand  dollars  out  of  any  appropriation 
made  during  the  present  year  for  the  maintenance  of  state 
highways.     The    provisions    of    section    twelve    of    chapter 
forty-seven  of  the  Revised  Laws  shall  apply  to  all  expendi- 
tures made  under  authority  of  this  act. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  Jidy  17,  1911. 


872  Acts,  1911.  — Chaps.  712,  7L3. 


Chap.712  An  Act  to  authorize  the  restoration  of  thomas  p. 

ROCHE    TO    A    POSITION    IN    THE    STREET    DEPARTMENT    OF 
THE   CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  folloivs: 

ThopiaaP.  Section  1.     Thomas  P.   Roche,  who  was  formerly  em- 

ployed in  the  street  department  of  the  city  of  Boston,  may 
be  restored  to  a  position  in  the  street  department  by  the 
superintendent  of  public  works  for  said  city,  without  under- 
going a  civil  service  examination. 
Section  2.  This  act  shall  take  effect  upon  its  passage. 
(The  foregoing  was  laid  before  the  Governor  on  the  eleventh 
day  of  July,  1911,  and  after  five  days  it  had  "the  force  of  a 
law",  as  prescribed  by  the  Constitntion,  as  it  was  not  returned 
by  him  with  his  objections  thereto  within  that  time.) 


Roche. 


C7iap.713  An  Act  to  authorize  the  city  of  quincy  to  borrow 
money  for  the  development  of  its  water  front. 

Be  it  enacted,  etc.,  as  follows: 

City  of  Quincy  Section  1.  The  city  of  Quincy,  for  the  purpose  of 
LoanlActof  developing  its  water  front,  is  hereby  authorized  to  take 
^^"*  by  right  of  eminent  domain,  or  to  acquire  by  purchase  or 

otherwise,  lands,  structures  and  easements  in  land  or  water, 
and  to  construct  piers,  floats,  wharves,  and  approaches 
thereto.  For  this  purpose  the  city  may  expend  a  sum  not 
exceeding  one  hundred  thousand  dollars,  and  may  issue 
notes  or  bonds  to  that  amount  outside  of  the  statutory 
debt  limit  of  the  city.  The  said  notes  or  bonds  shall  bear 
upon  their  face  the  words.  City  of  Quincy  Water  Front 
Loan,  Act  of  1911;  shall  be  payable  in  periods  not  exceed- 
ing thirty  years  from  the  dates  of  issue;  shall  bear  interest 
at  a  rate  not  exceeding  four  per  cent  per  annum;  and  shall 
be  signed  by  the  treasurer  and  countersigned  by  the  mayor 
of  the  city. 
Payment  of  SECTION  2.     At  the  time  of  authorizing  the   said   loan 

the  city  council  shall  provide  for  the  payment  thereof  in 
such  annual  ])ro})ortionate  sums  as  will  extinguish  the  same 
within  the  time  prescribed  herein;  and  when  a  vote  to  that 
ellect  has  been  passed,  the  sum  required  to  meet  the  interest 
as  it  accrues  on  the  said  notes  or  bonds  aiul  the  ])rinci]xd 
due  in  each  year  shall  annually  be  assessed  and  collected 


loan. 


Acts,  1911.  — Chap.  714.  873 

in  the  same  manner  in  which  the  other  taxes  of  the  city 
are  assessed  and  collected. 

Section  3.    This  act  shall  take  effect  upon  its  acceptance  when  to 
by  the  city  council  of  the  city  of  Quincy. 

Approved  July  18,  1911. 


An  Act  making  appropriations  for  salaries  and  ex-  QJian.714: 

PENSES  in  the  department  OF  THE  STATE  BOARD  OF 
AGRICULTURE,  AND  FOR  SUNDRY  AGRICULTURAL  EXPENSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth  agHculture.  ° 
from  the  ordinary  revenue,  for  the  state  board  of  agriculture, 
for  the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eleven,  to  wit:  — 

For   the    salary   of   the   secretary,    twenty-five   hundred  secretary. 
dollars. 

For  the  salary  of  the  first  clerk,  eighteen  hundred  dollars.  Firatcierk. 

For   the   salary   of  the   second   clerk,   fourteen   hundred  second  cierk. 
dollars. 

For  travelling  and  other  necessary  expenses  of  the  secre-  Expenses  of 

,  ,.  n  ^  1        1      1    11  the  secretary. 

tary,  a  sum  not  exceedmg  nve  hundred  dollars. 

For  additional  clerical  assistance  and  for  lectures  before  clerical 
the  board  at  its  annual  and  other  meetings,  a  sum  not  ex- 
ceeding eight  hundred  dollars. 

For  printing  and  binding  the  annual  report,  a  sum  not  f-^^'^'^f 
exceeding  six  thousand  dollars. 

For   incidental    and   contingent   expenses,   including  the  incidental 
printing  and  furnishing  of  extracts  from  trespass  laws,  a  '^^'p^"^'^^- 
sum  not  exceeding  eleven  hundred  dollars. 

For  travelling  and  other  necessary  expenses  of  the  members,  Expenses  of 
a  sum  not  exceeding  thirteen  hundred  dollars. 

For  disseminating  useful   information   in  agriculture  by  Farmera' 
means  of  lectures  at  farmers'  institutes,  a  sum  not  exceeding 
five  thousand  dollars. 

For  bounties  to  agricultural  societies,  a  sum  not  exceeding  Bounties. 
eighteen  thousand  dollars. 

For  bounty  to  encourage  and  improve  the  breeding  of  p^u^f;"""^ 
poultry,  the  sum  of  one  thousand  dollars. 

For  the  encouragement  of  orcharding,  the  sum  of  five  orciiarding. 
hundred  dollars. 


87tt 


Acts,  1911.  — Ciiap.  715. 


DAIRY  BUREAU. 


Executive  offi- 
cer of  dairy 
bureau. 

General  asent. 

AssiataiitSi 
etc. 


For  the  salary  of  the  executive  officer,  five  hundred  dollars. 

For  the  salary  of  a  general  agent,  eighteen  hundred  dollars. 

For  assistants,  experts,  chemists,  agents  and  other  neces- 
sary expenses,  including  the  printing  of  the  annual  report, 
a  sum  not  exceeding  eight  thousand  dollars. 


State  nursery 
inspectors. 

Ornithologist. 


Expenses  of 
ornitliologist. 


MISCELLANEOUS. 

For  compensation  and  expenses  of  the  state  nursery  in- 
spectors, a  sum  not  exceeding  two  thousand  dollars. 

For  the  salary  of  the  state  ornithologist,  five  hundred 
dollars. 

For  travel  and  other  necessary  expenses  of  the  state 
ornithologist,  a  sum  not  exceeding  five  hundred  dollars. 


Chief  of  cattle 
bureau. 

Clerk. 

Expenses. 


Inspectors  of 
animals. 


CATTLE   BUREAU. 

For  the  salary  of  the  chief,  eighteen  hundred  dollars. 

For  the  salary  of  the  clerk,  twelve  hundred  dollars. 

For  travelling  and  other  expenses,  including  extra  clerks 
and  stenographers,  stationery,  and  for  the  printing  and 
binding  of  the  annual  report,  a  sum  not  exceeding  forty-five 
hundred  dollars. 

For  compensation  of  inspectors  of  animals,  a  sum  not 
exceeding  seventy-seven  hundred  dollars. 

Section  2.    This  act  shall  take  eti'ect  upon  its  passage. 

Approved  July  IS,  1911. 


Ckar).715  An  Act  making  an  appropriation  for  exterminating 
diseases  among  horses,  cattle  and  other  animals. 

Be  it  enacted,  etc.,  as  follows: 

Appropriation.       SECTION  1.     A  suiii  uot  excccdiug  one  hundred  thousand 

exterminating        i    n  •     i  i  •  i  i  •  i  pi 

^jseasosamong  doUars  IS  hereby  appropriated,  to  be  ])aid  out  ot  the  treasury 
of  the  commonwealth  from  the  ordinary  re\enue,  for  the 
extermination  of  contagious  diseases  among  horses,  cattle 
and  other  animals  for  the  present  year  and  for  ])revious 
years. 
Section  2.     This  act  shall  take  eflect  upon  its  passage. 

Approved  July  IS,  1911. 


cattle,  etc. 


Acts,  1911.  — Chap.  716.  875 

An  Act  making  appropriations  for  salaries  and  ex-  r//,^^  71  g 

PENSES    IN    THE    DEPARTMENT    OF    THE    STATE    BOARD    OF  "'^ ' 

CHARITY,    AND    FOR   SUNDRY   CHARITABLE   EXPENSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  sums  hereinafter  mentioned  are  appro-  Appropria- 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth  *'°°^- 
from  the  ordinary  revenue,  for  the  salaries  and  expenses 
of  the  state  board  of  charity  and  for  sundry  charitable  ex- 
penses, for  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eleven,  to  wit:  — 

STATE   BOARD   OF   CHARITY. 

For  expenses,  including  travelling  of  members  and  salaries  state  board  of 
and  expenses  in  the  board's  central  office,  a  sum  not  ex-  ?,^'?;i*/' "''' 
ceeding  seventeen  thousand  dollars. 

For  printing  and  binding  the  annual  report,  a  sum  not  Annual 
exceeding  twenty-four  hundred  dollars.  report. 

For  salaries  and  expenses  in  the  division  of  state  adult  ^duit  poor. 
poor,  a  sum  not  exceeding  fifty-four  thousand  three  hundred 
and  sixty-five  dollars. 

For  salaries  and  expenses  in  the  division  of  state  minor  state  minor 
wards,  a  sum  not  exceeding  sixty-eight  thousand  one  hundred  ^^'■'^^• 
dollars. 

For  travelling  and  other  necessary  expenses  of  the  auxiliary  Auxiliary 
visitors  of  the  board,  a  sum  not  exceeding  twelve  hundred  '''^''^''•''• 
dollars. 

MISCELLANEOUS  CHARITABLE. 

For  transportation  of  state  paupers  under  charge  of  the  Transportation 
state  board  of  charity,  including  transportation  of  prisoners  plC^perl 
released  on  probation  from  the  state  farm,  and  travelling 
and  oljier  expenses  of  probation  visitors,  for  the  present  year 
and  for  previous  years,  a  sum  not  exceeding  sixteen  thousand 
dollars. 

For   care   and    maintenance   of   indigent   and    neglected  infHgent 
children  and  juvenile  oft'enders,  for  the  present  year  and  children. 
for  previous  years,  to  include  expenses  in  connection  with 
the  same,  a  sum  not  exceeding  four  hundred  and  twenty- 
nine  thousand  dollars. 

For   expenses    in    connection    with    smallpox    and    other  Dangerous 
diseases  dangerous  to  the  public  health,   for  the  present  ^'^®^'^''^- 
year  and  for  previous  years,  a  sum  not  exceeding  sixty-seven 
thousand  dollars. 


876 


Acts,  1911.  — Chaps.  717,  718. 


Sick  state 
paupers. 


Burial  of 
Btate  paupers. 


Temix)rary 
aid,  etc. 


Unsettled 

pauper 

iut'auts. 


I^^i'n  °'  ^^^  tuition  in  the  public  schools,  including  transportation 

children.  to  and  from  said  schools,  of  children  boarded  or  bound  out 

by  the  state  board  of  charity,  for  the  present  year  and  for 

previous  years,  a  sum  not  exceeding  thirty-five  thousand 

dollars. 

P'or  the  support  of  sick  state  paupers  by  cities  and  towns, 
for  the  present  year  and  for  previous  years,  the  same  to 
include  cases  of  wife  settlement,  a  sum  not  exceeding  sixty- 
four  thousand  dollars. 

For  the  burial  of  state  paupers  by  cities  and  towns,  for 
the  present  year  and  for  previous  years,  a  sum  not  exceeding 
eleven  thousand  dollars. 

For  temporary  aid  for  state  paupers  and  shipwrecked 
seamen  by  cities  and  towns,  for  the  present  year  and  for 
previous  years,  a  sum  not  exceeding  forty-seven  thousand 
dollars. 

For  the  support  and  transportation  of  unsettled  pauper 
infants  in  this  commonwealth,  including  infants  in  infant 
asylums,  for  the  present  year  and  for  previous  years,  a  sum 
not  exceeding  sixty-three  thousand  dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  18,  1911. 

■ , 

Chajj.717  An  Act  making  an  appropriation  for  expenses  in  con- 
nection WITH  THE  ESTABLISHMENT  OF  LIFE  INSURANCE 
DEPARTMENTS   BY   SAVINGS   BANKS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  A  sum  not  exceeding  fifteen  thousand  dollars 
is  hereby  appropriated,  to  be  paid  out  of  the  treasury  of  the 
commonwealth  from  the  ordinary  revenue,  for  the  salaries 
and  expenses  in  connection  with  the  establishment  of  life 
insurance  departments  by  savings  banks  for  the  fiscal  year 
ending  on  the  thirtieth  day  of  November,  nineteen  Iftiiulred 
and  eleven. 

Section  2.    This  act  shall  take  effect  uj^on  its  passage. 

Approved  July  IS,  1911. 

Chcqj.l IS  An  Act  making  appropriations  for  purchasing  paper, 

PRINTING  AND  BINDING  PUBLIC  DOCUMENTS,  PRINTING  AND 
DISTRIBUTING   BALLOTS   AND   FOR   OTHER   PURPOSES. 

Be  it  enacted,  etc.,  a^  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  connnonwealth 


Appropria- 
tions, life 
insurance 
departments 
in  savings 
banks. 


Appropria- 
tions. 


Acts,  1911.  — Chap.  719.  877 

from  the  ordinary  revenue,  for  the  purposes  specified,  for 
the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eleven,  to  wit:  — 

For  printing  and  binding  public  documents,  a  sum  not  Public 

!•  .        .  .,  1     1    II  documents. 

exceednig  nnieteen  thousand  dollars. 

For  printing  the  pamphlet  edition  of  the  acts  and  resolves  Pamphlet 
of  the  present  year,  a  sum  not  exceeding  fifty-five  hundred  ^^^'^'o"  ^^  ^^ts. 
dollars. 

For  printing  and  binding  the  blue  book  edition  of  the  acts  Blue  book. 
and  resolves  of  the  present  year,  a  sum  not  exceeding  nine 
thousand  dollars. 

For  the  newspaper  publication  of  the  general  laws  and  of^i^wf  *^'^° 
information  intended  for  the  public,  a  sum  not  exceeding 
five  hundred  dollars. 

For  reports  of  decisions  of  the  supreme  judicial  court,  a  Reports  of 
sum  not  exceeding  three  thousand  dollars.  decisions,  etc. 

For  the  purchase  of  paper  used  in  the  execution  of  the  Purchase  of 
contract  for  the  state  printing,  a  sum  not  exceeding  fifty  ^^^^^' 
thousand  dollars. 

For  registration  books  and  blanks,  indexing  returns  and  ^^^^^^^^ 
editing  registration  report,  a  sum  not  exceeding  five  thousand 
dollars. 

For  printing  and  distributing  ballots,  a  sum  not  exceeding  Printing,  etc.. 
ten  thousand  dollars.  ^""°*" 

For  blanks  for  town  officers,  election  laws  and  blanks  and  ^'^"^officMs. 
instructions  on  all  matters  relating  to  elections,  expense  of  etc. 
advertising  the  state  ticket,  a  sum  not  exceeding  four  thou- 
sand dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  18,  1911. 


An  Act  making  an  appropriation  for  the  maintenance  CJiap.719 
OF  the  penikese  hospital. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     A  sum  not  exceeding  eleven  thousand  two  Appropriation, 
hundred  and  eighty-five  dollars  is  hereby  appropriated,  to  hospital. 
be  paid  out  of  the  treasury  of  the  commonwealth,  from  the 
ordinary    revenue,    for   the    maintenance   of   the   Penikese 
hospital  for  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eleven. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  Jidy  18,  191 L 


878 


Acts,  1911.  — Chaps.  720,  721. 


Appropria- 
tions, state 
library. 


Chapn'2J<)  An  Act  making  appropriations  for  salaries  and  ex- 
penses IN  THE  STATE  LIBRARY. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  sums  hereinafter  mentioned  are  appro- 
])riated,  to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  state  Ubrary,  for  the 
fiscal  year  ending  on  the  thirtieth  day  of  November,  nine- 
teen hundred  and  eleven,  to  wit :  — 

For  the  salary  of  the  librarian,  four  thousand  dollars. 

For  books,  binding,  cataloguing  and  indexing,  a  sum  not 
exceeding  ten  thousand  dollars. 

P'or  clerical  services,  for  the  accommodation  of  visitors 
and  for  any  other  service  required  for  the  care,  mainte- 
nance and  working  of  the  library,  a  sum  not  exceeding 
eleven  thousand  and  ten  dollars. 

For  incidental  expenses,  including  the  printing  and  bind- 
ing of  the  annual  report,  a  sum  not  exceeding  twenty-five 
hundred  dollars. 

Section  2,    This  act  shall  take  effect  upon  its  passage. 

Approved  July  18,  1011. 


Librarian. 
Books,  etc. 


Clerical 
services,  etc. 


Incidental 
expenses. 


(7A«^9.721 


Appropria- 
tions, board 
of  free  public 
library  com- 
missioners. 


Agent. 


Free  public 
libraries. 


Clerical  assist- 
ance, etc. 

Annual  report. 


An  Act  making  appropriations  for  the  expenses  of 

THE   board   of  free   PUBLIC    LIBRARY   COMMISSIONERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  free  public  library  com- 
missioners for  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eleven,  to  wit:  — 

For  the  salary  of  the  agent  of  said  commissioners,  the 
sum  of  sixteen  hundred  dollars. 

To  carry  out  the  provisions  of  the  act  to  promote  the 
establishment  and  efficiency  of  free  public  libraries,  a  sum 
not  exceeding  two  thousand  dollars. 

For  clerical  assistance  to  and  incidental  expenses  of  the 
commissioners,  a  sum  not  exceeding  three  thousand  dollars. 

For  printing  and  binding  the  annual  report,  a  sum  not 
exceeding  three  hundred  and  fifty  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  Jidy  IS,  1011. 


Acts,  1911.  — Chaps.  722,  723.  879 


An  Act  to  provide  for  the  better  prevention  of  forest  Cliai)'^^'^ 

FIRES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  state  forester  is  hereby  empowered  to  Better  preven- 
appoint  an  assistant  to  be  known  as  the  state  fire  warden,  forest  fires, 
whose  special  duty  it  shall  be  to  aid  and  advise  the  forest 
wardens  and  their  deputies  in  towns  and  the  municipal 
officers  exercising  the  functions  of  forest  wardens  in  cities, 
in  preventing  and  extinguishing  forest  fires  and  in  enforc- 
ing the  laws  relative  to  forest  fires,  and  may  from  time  to 
time  designate  not  more  than  fifteen  deputies  to  aid  such 
state  fire  warden  in  the  discharge  of  his  duties. 

Section  2.     The  state  fire  warden  appointed  under  the  The  state  fire 
terms  of  section  one  shall  report  annually  upon  his  work  repol-r'^^ 
and  upon  the  forest  fires  occurring  in  the  commonwealth,  '^^'^"''^"y- 
and  his  report  shall  be  included  in  and  be  printed  as  a  part 
of  the  state  forester's  annual  report. 

Section  3.     The  deputies  of  the  fish  and  game  commis-  Duties  of 
sioners  shall  report  to  the  state  fire  warden  the  situation  fishand^gii 
and  extent  of  any  forest  fire  occurring  within  the  district 
to  which  they  are  assigned,  and  they  shall  report  to  him 
monthly  their  doings  under  chapter  two  hundred  and  ninety- 
nine  of  the  acts  of  the  year  nineteen  hundred  and  seven. 

Section  4.    The  sum  of  ten  thousand  dollars  is  hereby  Expenditures, 
appropriated  to  carry  out  the  provisions  of  this  act  during 
the  year  nineteen  hundred  and  eleven. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Ayyroved  Jidy  18,  1911. 


game 
commis- 
sioners. 


x\n  Act  to  provide  for  a  supervisory  night  watch  and  r//,^^  t'oq 

FIRE  alarm   service   IN  THE   STATE  HOUSE.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     A  supervisory  night  watch  and  fire  alarm  supervisory 
service  may  be  established  in  the  state  house,  under  the  etf.'^*i^the'^' 
direction  of  the  state  house  commission,  if  the  commission  state  house. 
deems  it   advisable,   providing  that  the  same  is  installed 
without  expense  to  the  commonwealth;  and  there  shall  be 
allowed  annually  from  the  treasury  of  the  commonwealth 
for  the  maintenance  of  the  said  service,  a  sum  not  exceed- 
ing one  thousand  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  Jidy  18,  1911, 


880 


Acts,  1911.  —  Chains.  724,  725. 


Appropria- 
tions, publica- 
tion of 
province  lawa. 


C7iap.724:  An   Act   making   appropriations   for   continuing   the 

PUBLICATION   OF  THE   PROVINCE   LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  for  the  purpose  of  completing 
the  preparation  and  publication  of  the  acts  and  resolves 
of  the  province  of  Massachusetts  Bay,  for  the  fiscal  year 
ending  on  the  thirtieth  day  of  November,  nineteen  hundred 
and  eleven,  to  wit :  — 

For  the  salary  of  the  editor,  two  thousand  dollars. 

For  the  salary  of  the  chief  clerk,  fifteen  hundred  dollars. 

For  clerical  services  and  a  messenger,  a  sum  not  exceed- 
ing thirty-four  hundred  dollars. 

For  stationery,  postage,  travelling  and  other  expenses,  a 
sum  not  exceeding  one  hundred  and  fifty  dollars. 

For  printing  and  binding  such  volumes  as  may  be  com- 
pleted, a  sum  not  exceeding  twenty-five  hundred  dollars, 
the  same  to  be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  same  purpose. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Ajjjjroved  July  18,  1911. 


Editor. 
Chief  clerk. 

Clerical 
services,  etc. 

Stationery, 
etc. 


Printing  and 
binding. 


Retirement  of 
veterans  in  the 
city  of  Maiden. 


(7/iaw.725  An  Act  relative  to  the  retirement  of  certain  vet- 
erans IN  the  service  of  the  city  of  malden. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  A  veteran  of  the  civil  war  in  the  service  of 
the  city  of  Maiden,  if  incapacitated  for  active  duty,  may 
be  retired  from  active  service,  with  the  consent  of  the  mayor, 
at  one  half  the  rate  of  compensation  paid  to  him  at  the 
time  of  his  retirement,  to  be  paid  out  of  the  treasury  of  the 
city:  yrovided,  that  no  veteran  shall  be  entitled  to  be  retired 
under  the  provisions  of  this  act  unless  he  shall  have  been 
in  the  service  of  the  city  for  at  least  fifteen  years. 

Section  2.  All  acts  and  parts  of  acts  inconsistent  here- 
with are  hereby  repealed  so  far  as  they  afl'ect  the  city  of 
Maiden. 

Section  3.  This  act  shall  take  effect  upon  its  accept- 
ance by  the  city  council  of  the  city  of  INIalden. 

Approved  July  19,  1911, 


Proviso. 


Repeal. 


Time  of  taking 
cflect. 


Acts,  1911.  — Chap.  726.  881 

An  Act  to  incorporate  the  board  of  trade  of  the  city  (JJiajy  726 

OF   HOLYOKE.  "^  * 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Thomas  S.  Childs,  Nathan  P.  Avery,  Wilham  Board  of 
H.  Bullard,  Martin  P.  Conway,  Abraham  Davis,  Emil  F.  cuy  o^' '"'" 
Dreicorn,  Thomas  J.  Gibson,  Ashton  E.  Hemphill,  Edward  Sporated. 
L.  Lyman,  Frank  H.  Metcalf,  Frederick  A.  McLane,  Frank 
F.  O'Neill,  John  O'Shea,  Arthur  J.  Osborne,  John  Parfitt, 
Adelard   M.    Potvin,    Caspar   Ranger,    Henry   L.    Russell, 
Henry   G.   Sears,   Jesse    E.   Sheldon,  Arthur  L.  Williston, 
J.  Lewis  Wyckoff  and  John  J.  White,  their  associates  and 
successors,   are  hereby   made  a  corporation  by  tlie  name 
of  the  Board  of  Trade  of  the  City  of  Holyoke. 

Section  2.  The  purpose  of  the  corporation  shall  be  to  Purpose  of  the 
promote  the  commerce,  trade,  industry  and  public  interests  ''°''''°'^'**'°'^- 
of  the  city  of  Holyoke,  and  New  England;  to  promote  and 
regulate  a  commercial  exchange  in  the  city  of  Holyoke, 
and  to  acquire  and  disseminate  business  information;  to 
adjust  controversies  and  misunderstandings;  to  establish 
and  maintain  uniformity  in  commercial  usages;  and  to  pro- 
mote just  and  equitable  principles  of  trade. 

Section  3.     The  corporation  shall  have  all  the  powers  Powers  and 
and  privileges  and  be  subject  to  all  the  duties,  restrictions  P"^"^ses,  etc 
and  Uabilities  set  forth  in  all  general  laws  now  or  hereafter 
in  force,  applicable  to  such  corporations  and  not  incon- 
sistent with  this  act. 

Section  4.    The  corporation  shall  have  power  to  estab-  By-iaws,  etc. 
lish  suitable  by-laws,  to  carry  out  all  powers  hereby  granted, 
including  provisions  as  to  the  admission,   suspension  and 
expulsion  of  members,  aud  a  delegation  of  power  to  officers, 
committees  and  directors. 

Section  5.     The  management  and  control  of  the  property  Board  of 
and  affairs  of  said  corporation,  subject  to  its  by-laws,  shall    ^^'^  °'^'  *^ "' 
be  vested  in  a  board  of  twenty  directors,  who  shall  be  elected 
as  may  be  provided  in  the  by-laws  which  shall  be  adopted 
by  the  corporation  and  there  shall  be  such  other  officers 
with  such  duties  as  the  by-laws  may  prescribe. 

Section  6.     The  corporation  is  hereby  authorized  to  hold  Holding  of  real 

,  ^•  nc'         '^n"  personal 

real  and  personal  estate  to  the  amount  not  exceeding  hity  estate. 
thousand  dollars,  with  authority  to  sell,  purchase,  mortgage, 
lease  or  rent  the  same  or  any  part  thereof. 
Section  7.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  19,  1911. 


882 


Acts,  1911.  — Chap.  727. 


Supervisor  of 
loan  agencies, 
appointment, 
etc. 


Duties  of 
district  police, 
etc. 


ChapJi'il  An  Act  to  regulate  the  business  of  making  small  loans. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  is  hereby  estabUshed  the  office  of 
supervisor  of  loan  agencies.  The  term  of  the  office  shall 
be  for  three  years,  and  the  supervisor  shall  be  appointed 
by  the  governor,  with  the  advice  and  consent  of  the  council. 
His  salary  shall  be  twenty-five  hundred  dollars  a  year.  He 
shall  be  furnished  with  an  office  in  the  state  house,  or  else- 
where, and  shall  be  allowed  such  sums  for  necessary  expenses 
and  for  clerical  assistance  as  may  be  approved  by  the  gov- 
ernor and  council.  He  shall  annually  on  or  before  the  first 
Wednesday  of  January  transmit  to  the  secretary  of  the 
commonwealth  a  report  to  the  general  court  of  his  doings, 
with  such  recommendations  and  suggestions  as  he  may 
deem  necessary. 

Section  2.  It  shall  be  the  duty  of  the  district  police 
and  of  the  police  of  the  cities  and  towns  of  the  common- 
wealth to  carry  out  the  directions  of  the  supervisor  in  en- 
forcing the  provisions  of  this  act,  and  of  any  regulations 
made  hereunder  by  him. 

Section  3.  No  person,  partnership,  corporation,  or  as- 
sociation shall  directly  or  indirectly  engage  in  the  business 
of  making  loans  of  three  hundred  dollars  or  less,  if  the 
amount  to  be  paid  on  any  such  loan,  for  interest  and  ex- 
penses, exceeds  in  the  aggregate  an  amoimt  equivalent  to 
twelve  per  cent  per  annum  upon  the  sum  loaned,  without 
first  obtaining  from  the  supervisor  of  loan  agencies  a  license 
to  carry  on  the  said  business  in  the  city  or  town  in  which 
the  business  is  to  be  transacted. 

Section  4.  The  supervisor  shall,  from  time  to  time, 
establish  regulations  respecting  the  granting  of  licenses 
and  the  business  carried  on  by  the  licensees,  and  by  loan 
companies  and  associations  established  by  special  charter. 
He  shall  either  personally,  or  by  such  assistants  as  he  may 
designate,  at  least  once  a  year,  and  oftener  if  he  deems  it 
necessary,  investigate  the  affairs  of  such  licensees,  companies 
and  associations  and  for  that  purpose  shall  have  free  access 
to  the  vaults,  books  and  papers  thereof,  and  shall  ascertain 
the  condition  of  the  business,  and  whether  it  has  been  trans- 
acted in  compliance  with  the  provisions  of  law  and  the 
regulations  made  hereunder.  The  supervisor  may,  if  he 
deems  it  expedient,  cause  an  examination  of  the  said  books 


The  supervisor 
to  have 
supervision  of 
the  business  of 
making  small 
loans. 


Regulations 
regarding 
the  granting 
of  licenses. 


x\cTS,  1911.  — Cmvr.  727.  883 

and  business  to  be  made  by  an  accountant  whom  he  may 
select,  and  the  cost  of  any  such  examination  shall  be  paid 
by  the  person,  corporation  or  association  whose  books  are 
so  examined. 
Section  5.    All   persons,   corporations   and   associations  Returns  to  be 

,1.  ••  111  II  ,ir>ii  p   made  to  the 

under  his  supervision  shall  annually,  on  the  farst  day  oi  supervisor,  etc. 

November,  make  a  return  to  the  supervisor  in  the  form 

of  a  trial  balance  of  their  books  at  the  close  of  business  on 

the  thirtieth  day  of  September  preceding,  and  shall  specify 

the  different  kinds  of  liabilities  and  the  different  kinds  of 

assets,   together  with  such  other  information  as  may  be 

called  for  by  the  supervisor  in  accordance  with  a  blank 

form  to  be  furnished  by  him.     A  copy  of  such  returns,  or 

so  much  thereof  as  the  supervisor  may  deem  necessary,  shall 

be  forwarded  with  his  annual  report  to  the  general  court. 

Section  6.    The  supervisor  may  summon  said  licensees,  Examination 

•     ••  i»    j_i     •  j_  of  licensees,  etc. 

companies  or  associations,  or  any  oi  their  agents  or  em- 
ployees, and  such  other  witnesses  as  he  deems  necessary, 
and  examine  them  relative  to  their  transactions  and  to  the 
condition  of  their  business,  and  for  that  purpose  may  ad- 
minister oaths.  Whoever,  without  justifiable  cause,  refuses 
to  appear  and  testify  when  so  required,  or  obstructs  the 
supervisor  or  his  representatives  in  the  performance  of  their 
duties,  shall  be  punished  by  a  fine  of  not  more  than  five 
hundred  dollars,  or  by  imprisonment  for  not  more  than  six 
months,  or  by  both  such  fine  and  imprisonment. 

Section  7.  The  supervisor  shall  establish  the  rate  of  j^^grg^J  ^t^ 
interest  to  be  collected,  and  in  fixing  said  rate  shall  have 
due  regard  to  the  amount  of  the  loan  and  the  nature  of  the 
security  and  the  time  for  which  the  loan  is  made;  but  the 
rate  shall,  in  no  case,  exceed  three  per  cent  a  month;  and 
no  licensee  or  company  or  association  to  which  this  act 
applies,  shall  charge  or  receive  upon  any  loan  a  greater  rate 
of  interest  than  that  fixed  by  the  supervisor. 

Section  8.  Licenses  granted  by  the  supervisor  shall  be  Period  of 
for  a  period  of  one  year  from  the  first  day  of  October:  yro-  proviso. 
mded,  however,  that  licenses  granted  between  August  first  and 
September  thirtieth  of  the  current  year  shall  expire  on  the 
thirtieth  day  of  September,  nineteen  hundred  and  twelve. 
Each  license  shall  plainly  state  the  name  of  the  licensee,  and 
the  city  or  town,  with  the  name  of  the  street,  and  the  number, 
if  there  be  any,  of  the  place  in  which  the  business  is  to  be 
carried  on,  and  shall  be  posted  in  a  conspicuous  place  in  the 
ofiice  where  the  business  is  transacted. 


884 


Acts,  1911.  — Chap.  727. 


Fee  for 
license,  etc. 


Penalty  for 
violations  of 
law. 


Conditiona 
under  wliich 
licenses  shall 
be  granted, 
etc. 


Bond  to  bo 
given  by 
liconsoe,  etc. 


Section  0.  The  fee  for  all  licenses  granted  under  this  act 
shall  be  not  less  than  one  hundred  dollars.  If  the  licensee 
desires  to  carry  on  business  at  more  than  one  place  he  shall 
procure  a  license  for  each  place  where  the  business  is  to  be 
conducted. 

Section  10.  Any  person,  partnership,  corporation  or  as- 
sociation violating  any  provision  of  this  act  or  any  regulation 
made  hereunder  shall  be  subject  to  a  fine  of  not  more  than 
five  hundred  dollars,  and  the  license  may  be  suspended  or 
revoked  by  the  supervisor.  Any  loan  upon  which  a  greater 
rate  of  interest  or  expense  is  charged  or  received,  than  is 
allowed  by  this  act  and  the  regulations  made  hereunder,  may 
be  declared  void  by  the  supreme  judicial  court  or  the  superior 
court  in  equity  upon  petition  by  the  person  to  whom  the 
loan  was  made. 

Section  11.  A  license  hereunder  shall  not  be  granted 
until  the  applicant  has  filed  with  the  supervisor  of  loan 
agencies  a  statement  under  oath,  which  in  the  case  of  a 
corporation  or  association  may  be  made  by  the  president  or 
agent  thereof  in  charge  of  the  business,  stating  the  place  in 
the  city  or  town  where  the  business  is  to  be  carried  on,  the 
name  and  the  private  and  business  address  of  the  applicant, 
and,  in  the  case  of  a  corporation,  the  state  under  the  laws  of 
which  it  is  organized,  and  the  name  and  private  address  of 
the  clerk  or  secretary  and  of  the  agent  or  other  officer  having 
charge  of  its  proposed  business,  nor  until  the  applicant, 
unless  excused  by  the  supervisor  of  loan  agencies,  files  with 
said  supervisor  a  power  of  attorney,  appointing  a  person, 
satisfactory  to  the  supervisor,  to  be  his  or  its  attorney,  upon 
whom  all  lawful  process  may  be  served,  in  any  action  or 
proceeding  arising  under  the  provisions  of  this  act,  with  the 
same  effect  as  if  served  upon  the  licensee.  If  any  change 
occurs  in  the  name  or  address  of  a  licensee  or  of  the  clerk, 
secretary  or  agent  aforesaid  of  any  licensed  corporation,  or 
in  the  place  where  the  licensed  business  is  carried  on,  or  in 
the  membership  of  any  partnership  licensed  hereunder,  a  true 
and  full  statement  of  such  change,  sworn  to  in  the  manner 
required  above  in  the  case  of  the  original  statement,  shall 
forthwith  be  filed  with  the  supervisor  of  loan  agencies,  who 
may  at  any  time,  after  a  hearing,  revoke  the  license. 

Section  12.  No  license  shall  be  issued  hereunder  until 
the  licensee  gives  to  the  treasurer  and  receiver  general  of  the 
commonwealth  a  bond  in  the  penal  sum  of  five  thousand 
dollars,  executed  by  the  licensee  and  by  a  surety  coinj)any 


Acts,  1911.  — Cpiap.  727.  885 

approved  by  the  supervisor,  conditioned  upon  the  faithful  gi°enby*'^ 
performance  by  the  hcensee  of  the  duties  and  obhgatlons  licensee,  etc. 
pertaining  to  the  business  so  hcensed,  and  the  prompt  pay- 
ment of  any  judgment  recovered  against  him  or  for  which 
any  one  of  the  hcensees  may  be  hable  under  the  provisions 
of  this  act,  but  no  suit  at  law  or  in  equity  shall  be  begun 
against  the  sureties  on  such  a  bond  within  thirty  days  after 
judgment  against  the  licensee.  If  in  any  case  at  law  or  In 
equity  against  the  licensee  under  the  provisions  of  this  act 
it  appears  that  the  plaintiff  is  entitled  to  judgment  or  decree, 
except  for  proceedings  in  bankruptcy  or  insolvency,  or  the 
discharge  therein  of  the  licensee,  the  court  may  at  any  time, 
on  motion,  enter  a  special  judgment  or  decree  for  the  plain- 
tiff for  the  amount  of  his  debt,  damages  and  costs,  or  for 
such  other  relief  as  he  may  be  entitled  to;  and  the  said  bond 
shall  be  conditioned  upon  the  payment  of  any  such  special 
judgment  and  upon  compliance  with  any  such  decree.  Who- 
ever is  aggrieved  by  a  breach  of  the  condition  of  such  a  bond 
may  sue  thereon  at  his  own  expense  and  In  his  own  behalf, 
but  In  the  name  of  the  obligee;  and  If  judgment  shall 
be  entered  for  thQ  defendant  for  costs,  execution  therefor 
shall  issue  against  the  person  for  whose  benefit  the  suit  is 
brought,  as  if  he  were  the  plalntiiT  of  record,  but  not  against 
the  obligee.  In  such  a  suit  like  proceedings  shall  be  had  as 
in  a  suit  by  a  creditor  on  an  administration  bond.  The 
supervisor  may,  at  any  time,  require  the  licensee  to  file  an 
additional  bond  of  like  nature  and  with  like  effect,  and  to 
give  full  information  as  to  all  judgments  recovered  or  suits 
pending,  on  his  bond.  Upon  failure  to  file  any  bond  so 
required,  the  license  shall  be  revoked. 

Section  13.     If  a  greater  rate  of  Interest  or  amount  for  Certain 
expenses  than  is  allowed  under  the  provisions  of  this  act  futeresrmry 
has  been  paid  on  any  loan  to  which  this  act  applies,  the  backTetT'*'^ 
person  who  paid  it  may,  by  an  action  of  contract,  or  suit 
in  equity,  recover  back  the  amount  of  the  unlawful  interest 
or  expenses,  with  twice  the  legal  costs  and  no  more,  if  such 
action  or  suit  Is  brought  within  two  years  after  the  time  of 
payment. 

Section  14.     If  a  loan  to  which  the  provisions  of  this  Mortgage  or 
act  apply  is  secured  by  a  mortgage  or  pledge  of  personal  bi^rlstored"  *° 
property,  or  by  an  assignment  of  wages,  the  mortgage  shall  onolnretT.""' 
be  discharged,  the  pledge  restored  or  the  assignment  released, 
upon  payment  or  tender  of  the  amount  legally  due  under  the 
provisions  of  this  act;  and  such  payment  or  tender  may  be 


886 


Acts,  1911.  — Chap.  727. 


Validity  of 
iiiortKage  or 
pledge,  etc. 


Receipt  to  be 
given  on 
payment  of 
loan,  etc. 


Penalty  for 
acliiiK  witliout 
a  license,  etc. 


made  by  the  debtor,  by  any  person  duly  authorized  by  him, 
or  by  any  person  having  an  interest  in  the  property  mortgaged 
or  pledged,  or  in  the  wages  assigned.  Whoever  refuses  or 
neglects  upon  request  to  discharge  a  mortgage,  release  an 
assignment  or  restore  a  pledge  to  the  party  entitled  to  receive 
the  same,  after  payment  of  the  debt  secured  thereb}^  or  the 
tender  of  the  amount  due  thereon  as  aforesaid,  shall  be 
liable  in  an  action  of  tort  to  the  borrower  for  all  damages 
thereby  sustained  by  him. 

Section  15.  A  mortgage  or  pledge  of  personal  property 
or  an  assignment  of  or  order  for,  wages  or  salary  to  which 
the  provisions  of  this  act  apply,  shall  not  be  valid  unless  it 
states  with  substantial  accuracy  the  actual  amount  of  the 
loan,  the  time  for  which  the  loan  is  made,  the  rate  of  interest 
to  be  paid,  and  the  expense  of  making  and  securing  the 
loan,  if  any;  nor  unless  it  contains  a  provision  that  the 
debtor  shall  be  notified,  in  the  manner  provided  in  section 
five  of  chapter  one  hundred  and  ninety-eight  of  the  Re- 
vised Laws,  of  the  time  and  place  of  any  sale  to  be  made 
in  foreclosure  proceedings  at  least  seven  days  before  such 
sale.  A  notice  of  intention  to  foreclose  under  the  provi- 
sions of  section  five  or  section  eight  of  chapter  one  hundred 
and  ninety-eight  of  the  Revised  Laws  shall  not  be  valid 
in  such  a  case  unless  it  expressly  states  where  such  notice 
is  to  be  recorded,  and  that  the  right  of  redemption  will  be 
foreclosed  sixty  days  after  such  recording.  At  any  time 
after  twenty  days  from  the  date  of  any  such  mortgage,  if 
the  same  has  not  been  recorded,  the  holder  thereof  shall 
forthwith  on  demand  and  payment  or  tender  of  one  dollar 
give  to  the  mortgagor  or  any  person  interested  in  the  mort- 
gaged property,  a  copy  of  the  mortgage,  and  of  the  note 
or  other  obligation  secured  thereby,  which  such  holder  or 
holders  shall  certify  to  be  a  true  copy  thereof. 

Section  16.  If  a  payment  is  made  on  account  of  a  loan 
to  which  the  provisions  of  this  act  aj^ply,  the  person  who 
receives  the  payment,  or  his  principal,  shall,  when  the 
payment  is  taken,  give  to  the  person  paying  a  receipt  setting 
forth  the  amount  then  paid  and  the  amount  previously 
paid,  and  identifying  the  loan,  note,  mortgage  or  assign- 
ment to  which  it  is  to  be  applied. 

Section  17.  Whoever  not  being  duly  licensed  as  pro- 
vided in  this  act,  on  his  own  account  or  on  account  of  any 
other  person,  partnership,  corporation  or  association  not 
so  licensed,  engages  in  or  carries  on,  tliroctly  or  indirectly, 


Acts,  1911.  — Chap.  727.  887 

either  separately  or  in  connection  with  or  as  a  part  of  any- 
other  business,  the  business  of  making  loans  to  which  the 
provisions  of  this  act  apply,  shall  be  punished  by  a  fine  of 
not  more  than  five  hundred  dollars,  or  by  imprisonment 
for  not  more  than  sixty  days,  or  by  both  such  fine  and 
imprisonment. 

Section  18.    The  provisions  of  this  act  shall  not  affect  certain 
so  much  of  section  three  of  chapter  seventy-three  of  the  law  not 
Revised  Laws  as  provides  that,  if  there  is  no  agreement  ^  ®'=*^'^' ®*''- 
for  a  different  rate,  the  interest  on  money  shall  be  at  the  rate 
of  six  dollars  upon  each  one  hundred  dollars  for  a  year. 

Section  19.     Loan  companies,  and  loan  associations  es-  Certain 
tablished  by  special  charter  are  hereby  placed  under  the  asSdttioL^" 
supervision  of  the  supervisor  of  loan  agencies,  but  shall  be  pro^unngT 
exempt  from  procuring  a  license;    and  all  parts  of  any  such  ''<=ense. 
charter  inconsistent  herewith  are  hereby  repealed. 

Section  20.     Upon  the  passage  of  this  act  the  supervisor  Powers  and 

»,  •  111  •  iiji  •  ,,       duties  of  the 

or  loan  agencies  shall  exercise  all  the  powers  in  respect  to  supervisor,  etc. 

the  licensing  and  control  of  persons  engaged  in  the  business 

to  which  this  act  applies  now  conferred  by  statute  upon  the 

bank  commissioner,  the  police  commissioner  of  the  city  of 

Boston,  the  mayor  and  aldermen  or  corresponding  body  in 

other  cities,  and  the  selectmen  in  towns.     All  licenses  granted 

by  the  police  commissioner  of  the  city  of  Boston,  by  the 

mayor  and  aldermen  or  corresponding  body  in  other  cities, 

by  the  selectmen  in  towns,  for  the  conduct  of  the  business 

to  which  this  act  applies  shall  terminate  on  the  first  day  of 

August,  nineteen  hundred  and  eleven;   but  the  supervisor 

of  loan  agencies,  upon  the  payment  of  a  fee  of  one  hundred 

dollars,  shall  issue  to  the  holders  of  licenses  so  terminated 

a  license  to  continue  the  business. 

Section  21.  Section  forty-one  of  chapter  one  hundred  ^^^^jg^J- 5  ^i, 
and  two  of  the  Revised  Laws  is  hereby  amended  by  insert- 
ing after  the  word  "regulations",  in  the  second  line,  the 
words :  —  to  the  satisfaction  of  the  supervisor  of  loan  agen- 
cies, —  so  as  to  read  as  follows:  —  Section  ./,!.  The  board  Regulations, 
which  grants  licenses  to  pawnbrokers  shall  from  time  to 
time  establish  regulations  to  the  satisfaction  of  the  super- 
visor of  loan  agencies,  relative  to  the  business  carried  on 
and  the  rate  of  interest  to  be  charged  by  them ;  and  a  pawn- 
broker shall  not  charge  or  receive  upon  any  loan  a  greater 
rate  of  interest  than  that  fixed  by  the  licensing  board. 

Section  22.     No  assignment  of  or  order  for  wages  or  Assignment  of 
salary  to  be  earned  in  the  future  to  secure  a  loan  of  less  Tccllfted  by 

employer,  etc. 


888 


Acts,  1911.  — Chap.  728. 


Repeal  of 
certain  special 
acts. 


Repeal  of 
certain  general 
laws. 


Time  of  taking 
effect. 


than  three  hundred  dollars  shall  be  valid  against  an  em- 
ployer of  the  person  making  such  assignment  or  order  until 
the  assignment  or  order  is  accepted  in  writing  by  the  em- 
ployer, nor  until  the  assignment  or  order  and  the  acceptance 
of  the  same  have  been  filed  and  recorded  with  the  clerk  of 
the  city  or  town  where  the  person  making  the  assignment 
or  order  resides,  if  he  is  a  resident  of  the  commonwealth, 
or  in  which  he  is  employed  if  he  is  not  a  resident  of  the 
commonwealth.  No  such  assignment  or  order  shall  be 
recorded  by  the  clerk  of  a  city  or  town  unless  it  states  on 
its  face  that  the  sum  of  ten  dollars  per  week,  as  earned, 
of  the  wages  or  salary  so  assigned  is  exempt  from  such  as- 
signment or  order.  No  such  assignment  or  order  shall  be 
valid  when  made  by  a  married  man  unless  the  written  con- 
sent of  his  wife  to  the  making  thereof  is  attached  thereto. 
No  such  assignment  or  order  shall  be  valid  for  a  period 
exceeding  one  year  from  the  making  thereof. 

Section  23.  All  parts  of  the  charters  of  the  Collateral 
Loan  Company,  Workingmens  Loan  Association,  Worces- 
ter Collateral  Loan  Association  and  Chattel  Loan  Com- 
pany inconsistent  herewith  are  hereby  repealed. 

Section  24.  Section  sixty  of  chapter  one  hundred  and 
two  of  the  Revised  Laws  is  hereby  repealed,  the  repeal  to 
take  effect  upon  the  thirty-first  day  of  December,  nineteen 
hundred  and  eleven.  Sections  fifty-seven,  fifty-eight,  fifty- 
nine,  sixty-one,  sixty-two,  sixty-three,  sixty-four,  sixty-five, 
sixty-six,  sixty-seven  and  sixty-eight  of  chapter  one  hundred 
and  two  of  the  Revised  Laws,  and  chapter  six  hundred  and 
five  of  the  acts  of  the  year  nineteen  hundred  and  eight,  as 
amended  by  chapter  three  hundred  and  seventeen  of  the 
acts  of  the  year  nineteen  hundred  and  nine,  are  hereby 
repealed. 

Section  25.  Except  as  is  otherwise  provided  herein  this 
act  shall  take  effect  upon  its  passage;  and  all  acts  or  parts 
of  acts  inconsistent  herewith  are  hereby  repealed. 

A'pyroved  July  19,  1911. 


Cha2).72S  An  Act  relative  to  legislative  counsel  and  agents. 

Be  it  enacted,  etc.,  as  fuUoics: 

Section  L  Chapter  three  of  the  Revised  Laws  is  hereby 
amended  by  adding  thereto  the  following:  — Section  33. 
The  term  "legislative  counsel"  as  used  in  this  chapter  shall 
be  construed  to  mean  any  person  who  for  conn)ensation 


R.  L.  3, 

UiiieiideJ. 
Certiiin  terina 
coustrued. 


Acts,  1911.  — Chap.  729.  889 

appears  at  any  public  hearing  before  committees  of  the 
general  court  in  regard  to  proposed  legislation,  and  who  does 
no  other  acts  in  regard  to  the  same  except  such  things  as  are 
necessarily  incident  to  such  appearance  before  such  com- 
mittees. The  term  "  legislative  agent"  as  used  in  this  chapter 
shall  be  construed  to  mean  any  person,  firm,  association  or 
corporation  that  for  hire  or  reward  does  any  act  to  promote 
or  oppose  proposed  legislation  except  to  appear  at  public 
hearings  before  committees  of  the  general  court  as  legislative 
counsel.     Section  3A.     No   member  of   a   state  or  district  Certain 

,..,  .  Ill  i-i-  rni  persons  pro- 

political  committee  shall  act  as  legislative  agent,  ihe  pro-  hibited  from 
visions  of  section  thirty-one  of  this  chapter  shall  apply  to  lative  agents. 
violations  of  the  provisions  of  this  section. 

Section  2.    This  act  shall  take  effect  on  the  first  day  of  Jrcr^*^"^^^ 
July,  nineteen  hundred  and  eleven. 

Approved  July  19,  1911. 


An  Act  making  appropriations  for  the  compensation  Chap.729 

AND     EXPENSES     OF    THE     BOARD     OF     COMMISSIONERS     ON 
FISHERIES  AND   GAME. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  hereby  Appropria- 
appropriated,  to  be  paid  out  of  the  treasury  of  the  common- 
wealth from  the  ordinary  revenue,  for  the  compensation  and 
expenses  of  the  board  of  commissioners  on  fisheries  and  game, 
for  the  fiscal  year  ending  on  the  thirtieth  day  of  November, 
nineteen  hundred  and  eleven,  to  wit:  — 

For  compensation  of  the  commissioners,  a  sum  not  exceed-  o°fis"hiri'e°s°*"^^ 
ing  fifty-six  hundred  and  thirty  dollars.  and  game. 

For  travelling  and  other  expenses,  including  the  printing  Travelling 

,    ,  .      ,.  £    ,1  1  .  4.  \-  £  expenses,  etc. 

and  binding  oi  the  annual  report,  a  sum  not  exceeding  tour 
thousand  and  seventy-five  dollars. 

For   clerical   services,    a   sum   not   exceeding   thirty-four  clerical 
hundred  and  eighty  dollars. 

For  enforcement  of  the  laws  relating  to  fisheries  and  game.  Enforcement 
for  the  propagation  and  distribution  of  fish,  birds  and  other  ° 
animals,  and  for  rent  and  maintenance  of  hatcheries,  a  sum 
not  exceeding  fifty-five  thousand  five  hundred  dollars. 

For  stocking  great  ponds  with  food  fish,  a  sum  not  exceed-  freat'po^nds. 
ing  five  hundred  dollars. 

For  stocking  ponds  with  food  fish,  a  sum  not  exceeding  stocking 
one  hundred  dollars. 


890 


Acts,  1911.  — Chaps.  730,  731. 


Appropria- 
tiona. 


i^b^sufrs °°  °^         -^^^  ^^^  protection  of  lobsters  with  eggs  attached,  a  sum 
not  exceeding  four  thousand  dollars. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Ajyproved  July  19,  1911. 

Chap.7'30  An  Act  making  appropriations  for  the  salaries  and 

EXPENSES  OF  THE  BOARD  OF  HARBOR  AND  LAND  COMMIS- 
SIONERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  hereby 
appropriated,  to  be  paid  out  of  the  treasury  of  the  common- 
wealth from  the  ordinary  revenue,  for  the  harbor  and  land 
commissioners,  for  the  fiscal  year  ending  on  the  thirtieth 
day  of  November,  nineteen  hundred  and  eleven,  to  wit:  — 

For  the  salaries  of  the  commissioners,  eighty-seven  hundred 
dollars. 

For  the  compensation  and  expenses  of  engineers  and  for 
clerical  and  other  assistance,  a  sum  not  exceeding  thirty-eight 
thousand  dollars. 

For  travelling  and  other  necessary  expenses,  a  sum  not  ex- 
ceeding seven  hundred  and  fifty  dollars. 

For  incidental  and  contingent  office  expenses,  to  include 
the  printing  and  binding  of  the  annual  report,  a  sum  not 
exceeding  two  thousand  dollars. 

For  printing  town  boundary  atlases,  a  sum  not  exceeding 
twenty-five  hundred  dollars. 

For  the  improvement  and  protection  of  rivers,  harbors, 
tide  waters  and  foreshores,  a  sum  not  exceeding  one  hundred 
thousand  dollars. 

For  surveys  of  harbors,  improving  and  preserving  the 
same,  and  repairing  damages  occasioned  by  storms  along  the 
coast  line  or  river  banks  of  the  commonwealth,  a  sum  not 
exceeding  three  thousand  dollars. 

For  removals  of  wrecks  and  other  obstructions  from  the 
tide  waters,  a  sum  not  exceeding  two  thousand  dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  19,  1911. 

Chap.731  An  Act  relative  to  the   obtaining   of  positions  by 

SCHOOL  teachers. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  graduate  of  any  high  school  or  normal 
school  in  this  commonwealth,  or  of  any  other  school  con- 


Harbor 

and  land 
commissioners. 

Engineers,  etc. 


Travelling 
expenses,  etc. 

Office 
expenses. 


Printing 
atlases. 


Improvement 
of  rivers,  etc. 


Surveys,  etc. 


Removal  of 
wrecks,  etc. 


Duties  of  the 
board  of 
educutiua 


Acts,  1911.  — Chap.  731.  891 

sidered  by  the  board  of  education  to  be  of  equal  grade,  or  concerning 
the  graduate  of  any  reputable  college,  provided  that  such  of  school 

1        ,      •  e  11  J  1*  'i-lJj^i       teachers,  etc. 

graduate  is  a  person  or  good  character  and  is  a  resident  oi  the 
state,  may  file  an  application  with  the  board  of  education  for 
a  position  as  school  teacher  upon  the  payment  of  a  fee  of  two 
dollars.  The  application  shall  set  forth  the  name,  address, 
and,  briefly,  the  experience  and  qualifications  of  the  applicant. 
It  shall  be  the  duty  of  the  board  of  education  to  communi- 
cate with  the  school  committees  in  the  cities  and  towns  of 
the  commonwealth,  and  with  persons  who  have  made  appli- 
cation for  a  position  as  school  teacher  in  accordance  with 
the  provisions  of  this  section,  and  to  procure  positions  for 
them  so  far  as  may  be  possible,  free  of  expense  to  the  appli- 
cant beyond  the  aforesaid  fee,  and  w^ithout  expense  to  the 
various  school  committees.  The  said  board  shall  cause  to 
be  printed  and  sent  to  school  committees  of  cities  and  towns 
a  list  of  the  applicants  for  positions  as  aforesaid,  with  a  brief 
statement  of  their  qualifications  and  experience. 

Section  2.     No  person,  firm,  corporation,  or  association  Limiting  fee  or 
shall  demand  or  accept  from  any  applicant  for  the  position  to'Erpaid  by 
of  a  teacher  in  the  public  schools  a  fee  or  other  compensation  ^pp^"^'"^^^- 
exceeding  two  dollars  in  amount,  and  no  further  sum  shall 
be  charged  to  cover  expenses  or  for  any  other  reason,  except 
that,  if  the  person  or  agency  procures  a  position  as  aforesaid 
for  an  applicant,  the  person  or  agency  shall  be  entitled  to 
receive  as  further  compensation  a  sum  not  exceeding  five 
per  cent  of  the  salary  of  the  teacher,  for  the  first  year  of 
employment,  provided  that  the  position  is  open  to  teachers 
so  long. 

Section  3.     It  shall  be  unlawful  for  a  superintendent  of  Superintend- 

,,.  .  .  Tj'j  IP  cnts  of  schoola 

schools  in  any  city  or  town,  or  in  any  district  composed  or  not  to  accept 

J  .  .  .  •      •  J?  commission. 

two  or  more  towns,  to  accept  any  commission,  tee,  com- 
pensation or  reward  of  any  kind  for  obtaining  a  position  as 
teacher  in  the  public  schools  for  any  person. 

Section  4.     Any  violation  of  this  act  shall  be  punished  Penalty. 
by  fine  of  not  less  than  fifty  nor  more  than  five  hundred 
dollars. 

Section  5.     All  acts  and  parts  of  acts  inconsistent  here-  Repeal, 
with  are  hereby  repealed.  Approved  July  19,  1911. 


892 


Acts,  1911.  —  Chap.  732.  —  Pakt  I. 


Chap.7S2  An  Act  to  revise  the  charter  of  the  city  of  pittsfield. 
Be  it  enacted,  etc.,  as  folloivs: 


City  of 
Piltslield. 


Administra- 
tion, etc. 


Wards. 


Municipal 
election  and 
municipal 
year. 


Election  of 
mayor, 
aldermen,  etc. 


Part  I. 

Section  1.  The  inhabitants  of  the  city  of  Pittsfield  shall 
continue  to  be  a  body  politic  and  corporate,  under  the  name 
of  the  City  of  Pittsfield,  and  as  such  shall  have,  exercise  and 
enjoy  all  the  rights,  immunities,  powers  and  privileges,  and 
shall  be  subject  to  all  the  duties  and  obligations,  now  per- 
taining to  and  incumbent  upon  said  city  as  a  municipal 
corporation,  except  so  far  as  the  same  may  be  modified  by 
the  provisions  of  this  act. 

Section  2.  The  administration  of  all  the  fiscal,  pruden- 
tial and  municipal  affairs  of  said  city,  with  the  government 
thereof,  shall  be  vested  in  one  officer,  to  be  called  the  mayor, 
one  council  to  be  called  the  board  of  aldermen,  and  one 
council  to  be  called  the  common  council,  which  councils  in 
their  joint  capacity  shall  be  denominated  the  city  council. 
The  general  management  and  control  of  the  public  schools 
of  said  city  shall  be  vested  in  a  school  committee. 

Section  3.  The  territory  of  the  city  shall  continue  to 
be  divided  into  seven  wards,  which  shall  retain  their  present 
boundaries  until  the  same  shall  be  changed  under  the  general 
law  relating  thereto. 

Section  4.  The  municipal  election  shall  take  place 
annually  on  the  second  Tuesday  of  December,  and  the 
municipal  year  shall  begin  on  the  first  Monday  of  January 
following.  All  meetings  of  the  citizens  for  municipal  pur- 
poses shall  be  called  by  warrants  issued  by  order  of  the 
mayor  and  board  of  aldermen,  which  shall  be  in  such  form 
and  be  served  and  returned  in  such  manner  and  at  such 
times  as  the  city  council  may  by  ordinance  direct.    ' 

Section  5.  At  such  municipal  election  the  qualified 
voters  shall  give  in  their  votes  by  ballot  for  mayor,  aldermen, 
common  councilmen,  and  school  committee,  in  accordance 
with  the  provisions  of  this  act  and  the  laws  of  the  common- 
wealth. Any  person  receiving  the  highest  number  of  votes 
for  any  office  shall  be  deemed  and  declared  to  be  elected  to 
such  office;  and  whenever  two  or  more  persons  are  to  be 
elected  to  the  same  office  the  several  persons,  to  the  number 
reriiiiivd  to  be  chosen,  rocoiviiig  the  highest  nninber  of  votes 
shall  be  deemed  and  declared  to  be  elected,  and  each  i)erson 


Acts,  1911.  — Chap.  732.  — Part  I.  893 

so  elected  shall  be  notified  of  his  election  in  writing  by  the 
city  clerk.  If  it  shall  appear  that  there  is  no  choice  of 
mayor,  or  if  the  person  elected  mayor  shall  refuse  to  accept 
the  office  or  shall  die  before  qualifying,  or  if  a  vacancy  in 
said  office  shall  occur  subsequently,  the  board  of  aldermen 
shall  cause  warrants  to  be  issued  for  a  new  election,  and  the 
same  proceedings  shall  be  had  in  all  respects  as  are  herein- 
before provided  for  the  election  of  mayor,  and  repeated  until 
the  election  of  a  mayor  is  completed.  If  the  full  number  of 
members  of  either  branch  of  the  city  council  shall  fail  to  be 
elected,  or  a  vacancy  shall  occur  in  either  branch,  such 
branch  shall  declare  a  vacancy  or  vacancies  to  exist,  and 
thereupon  the  board  of  aldermen  shall  cause  a  new  election 
to  be  held  to  fill  the  same.  The  person  thus  elected  to  fill 
a  vacancy  shall  hold  office  for  the  remainder  of  the  term. 

Section  6.     All   meetings  for  the  election   of   national,  Calling  of 

,        ,  ~  '    meetings. 

state,  county  and  district  officers  shall  be  called  by  the  mayor 
and  board  of  aldermen,  in  the  same  manner  as  meetings  for 
municipal  elections  are  called. 

Section  7.    The  board  of  aldermen  may,  when  no  con-  Meetings  may 
venient  wardroom  for  holding  the  meeting  of  the  citizens  adjacent'^ 
of  any  ward  can  be  had  within  the  territorial  limits  of  such  ^^'^  '®**'' 
ward,  appoint  and  direct,  in  the  warrant  for  calling  the 
meeting  of  such  ward,  that  the  meeting  be  held  in  some 
convenient  place  within  the  limits  of  an  adjacent  ward  of 
the  city;  and  for  such  purpose  the  place  so  assigned  shall 
be  deemed  and  taken  to  be  a  part  of  the  ward  for  which  the 
election  is  held. 

Section  8.  General  meetings  of  the  citizens  qualified  to  General 
vote  may  from  time  to  time  be  held  according  to  the  rights  citizens". 
secured  to  the  people  by  the  constitution  of  this  common- 
wealth, and  such  meetings  may,  and  upon  request  in  writing 
of  fifty  qualified  voters  setting  forth  the  purposes  thereof 
shall,  be  duly  called  by  the  mayor  and  board  of  alder- 
men. 

Section  9.  The  mayor  shall  be  elected  by  the  qualified  ^rm*of  ^""^ 
voters  of  the  entire  city  and  shall  hold  office  for  the  municipal  mayor,  etc 
year  beginning  with  the  first  Monday  in  January  next  suc- 
ceeding his  election,  and  until  his  successor  is  elected  and 
qualified.  He  shall  be  the  chief  executive  officer  of  the  city, 
and  it  shall  be  his  duty  to  be  active  and  vigilant  in  causing 
the  laws,  ordinances  and  regulations  of  the  city  to  be  en- 
forced, and  to  keep  a  general  supervision  over  the  conduct 
of  all  subordinate  officers.     He  shall  have  the  power  of  veto 


894 


Acts,  1911.  — Chap.  732.  — Part  I. 


Appointive 
officers,  etc. 


PrcHidcnt  of 
tlio  board  of 
aldermen  to 
act  as  mayor 
in  case  of  a 
vacancy. 


provided  by  general  law.  He  may  suspend  any  officer,  and 
may  suspend  any  work  or  payment  whether  on  contract  or 
otherwise  for  a  period  not  exceeding  seven  days,  but  in  such 
case  he  shall  report  his  action  with  his  reasons  therefor  to  the 
city  council,  which  shall  take  immediate  action  thereon.  He 
may  call  special  meetings  of  the  city  council  or  either  branch 
thereof,  when  in  his  opinion  the  interests  of  the  city  require 
it,  by  causing  notices  to  be  left  at  the  usual  place  of  residence 
of  each  member  of  the  board  or  boards  to  be  convened.  He 
shall  from  time  to  time  communicate  to  the  city  council  or 
either  branch  thereof  such  information  and  recommend  such 
measures  as  the  business  and  interests  of  the  city  may  in 
his  opinion  require.  He  shall,  when  present,  preside  in  the 
board  of  aldermen  and  in  convention  of  the  two  boards,  but 
shall  have  no  vote.  He  shall  receive  a  salary  of  one  thousand 
dollars,  and  the  same  shall  be  payable  at  stated  periods.  He 
shall  receive  no  other  compensation  for  his  services. 

Section  10.  The  mayor  shall  appoint,  subject  to  the 
confirmation  or  rejection  of  the  board  of  aldermen,  a  city 
marshal  or  chief  of  police,  and  such  number  of  other  police 
officers  and  constables  as  the  city  council  shall  determine. 
The  chief  of  police  and  all  other  police  officers  shall  hold 
office  during  good  behavior  and  until  removed  by  the  mayor, 
with  the  concurrence  of  the  board  of  aldermen,  after  hearing, 
for  cause  in  their  opinion  sufficient.  The  board  of  aldermen 
may  require  any  person  who  may  be  appointed  a  chief  of 
police  or  constable  to  give  bonds,  with  such  security  and  to 
such  an  amount  as  they,  may  deem  reasonable  and  projjer, 
for  the  faithful  discharge  of  the  duties  of  the  office,  upon 
which  bond  like  proceedings  and  remedies  may  be  had  as  are 
by  law  provided  in  case  of  constables'  bonds  taken  by  the 
selectmen  of  towns.  The  compensation  of  the  police  and 
other  subordinate  officers  shall  be  fixed  by  concurrent  \"ote 
of  the  city  council. 

Section  11.  In  case  of  a  vacancy  in  the  office  of  mayor, 
or  in  case  of  his  death,  resignation  or  absence  from  the  city, 
or  of  his  inability  from  other  cause  to  perform  the  duties 
of  his  office,  the  president  of  the  board  of  aldermen  shall, 
under  the  style  of  acting  mayor,  exercise  the  powers  and 
perform  the  duties  of  mayor,  except  that  he  shall  not,  unless 
authorized  thereto  in  a  special  instance  by  the  city  council, 
make  any  permanent  appointment  or  removal  from  office; 
nor  shall  he,  unless  such  disability  of  the  mayor  has  con- 
tinued at  least  nine  days,  or  unless  the  office  of  mayor  has 


Acts,  1911.  — CeAr.  732.  — Pakt  I.  895 

become  vacant,  have  power  to  approve  or  disapprove  any 
ordinance,  order,  resolution  or  vote  of  the  city  council. 

Section  12.  One  alderman  shall  be  elected  by  and  from  Election  of 
the  qualified  voters  of  each  ward,  and  shall  hold  office  for  '^w-™'^^- «*«• 
one  year  from  the  first  Monday  of  January  next  succeeding 
his  election.  At  the  municipal  election  to  be  held  in  the  year 
nineteen  hundred  and  eleven  two  common  councilmen  shall 
be  elected  by  and  from  the  qualified  voters  of  each  ward, 
who  shall  hold  office  one  for  one  year  and  one  for  two  years 
from  the  first  Monday  of  January  following;  and  at  each 
municipal  election  thereafter,  beginning  with  the  municipal 
election  to  be  held  in  the  year  nineteen  hundred  and  twelve, 
one  common  councilman  shall  be  elected  by  and  from  the 
qualified  voters  of  each  ward,  and  shall  hold  office  for  two 
years  from  the  first  Monday  of  January  next  succeeding  his 
election.  No  person  shall  be  eligible  for  election  as  alderman 
or  common  councilman  who  is  not  at  the  time  of  his  election 
a  resident  of  the  ward  from  which  he  is  chosen,  but  a  sub- 
sequent removal  to  another  ward  of  said  city  shall  not  dis- 
qualify any  such  officer  from  discharging  the  duties  of  his 
office.  The  aldermen  and  common  councilmen  shall  be 
sworn  to  the  faithful  discharge  of  their  duties,  and  they  shall 
receive  no  compensation  for  their  services.  A  majority  of 
each  board  shall  constitute  a  quorum  for  the  transaction  of 
business. 

Section  13.  On  the  first  Monday  of  January,  at  ten  organization 
o'clock  in  the  forenoon,  the  mayor,  aldermen  and  common  government, 
councilmen  elect  shall  meet  in  joint  convention,  when  ^*'''* 
they  shall  be  sworn  to  the  faithful  discharge  of  the  duties 
of  their  respective  offices.  The  oath  may  be  administered 
by  the  city  clerk  or  by  any  justice  of  the  peace,  and  a  cer- 
tificate of  such  oath  having  been  taken  shall  be  entered 
on  the  journals  of  the  board  of  aldermen  and  of  the  common 
council  by  their  respective  clerks.  After  the  oath  has 
been  administered  as  aforesaid  the  two  boards  shall  sepa- 
rate. The  common  council  shall  be  organized  by  the 
choice  of  a  president  and  clerk,  to  hold  their  offices  re- 
spectively during  the  municipal  year.  The  clerk  shall  be 
sworn  to  the  faithful  discharge  of  his  duties,  and  his  com- 
pensation shall  be  fixed  by  concurrent  vote  of  the  city 
council.  The  board  of  aldermen  shall  choose  a  president, 
who  shall  preside  at  the  meetings  of  the  board  of  aldermen 
and  of  the  two  councils  in  joint  convention  in  the  absence 
of  the  mayor.    In  case  of  the  absence  of  the  mayor-elect 


89G 


Acts,  1911.  — Chap.  732.  — Paht  I. 


Duties  of  city 
clerk,  etc. 


Executive 
power  to  bo 
vested  in 
mayor  and 
aldermen,  etc. 


Appropria- 
tiona.etc. 


on  the  first  Monday  of  January,  or  if  the  mayor  shall  not 
have  been  elected,  the  city  council  shall  organize  itself 
in  the  manner  hereinbefore  provided,  and  may  proceed  to 
business  in  the  same  manner  as  if  the  mayor  were  present, 
and  the  oath  of  office  may  at  any  time  thereafter  be  ad- 
ministered to  the  mayor  and  any  member  of  the  city  council 
who  has  been  previously  absent  or  has  been  subsequently 
elected,  and  every  oath  shall  be  duly  certified  as  aforesaid. 
Each  board  shall  keep  a  record  of  its  own  proceedings  and 
be  the  judge  of  the  election  of  its  own  members. 

Section  14.  The  city  clerk  shall  have  charge  of  all 
journals,  records,  papers  and  documents  of  the  city,  sign 
all  warrants  issued  by  the  mayor  and  aldermen,  and  do 
such  other  acts  in  his  said  capacity  as  the  city  council  may 
require  of  him.  He  shall  be  the  clerk  of  the  board  of  alder- 
men and  of  the  city  council  in  convention,  and  shall  keep 
a  journal  of  all  votes  and  proceedings.  He  shall  engross 
all  the  ordinances  passed  by  the  city  council  in  a  book 
provided  for  that  purpose,  and  shall  add  proper  indexes, 
which  book  shall  be  deemed  a  public  record  of  such  ordi- 
nances. He  shall  perform  such  other  duties  as  are  required 
by  law  or  shall  be  prescribed  by  the  board  of  aldermen.  In 
case  of  the  temporary  absence  of  the  city  clerk  the  mayor, 
with  the  consent  of  the  board  of  aldermen,  may  appoint 
a  clerk  pro  tempore,  who  shall  be  duly  qualified. 

Section  15.  The  executive  power  of  said  city  generally, 
with  all  the  powers  heretofore  vested  by  special  statute 
in  the  selectmen  of  the  town  of  Pittsfield,  and  in  the  officers 
of  the  Pittsfield  Fire  District,  and  in  the  selectmen  of  towns 
generally  by  the  laws  of  the  commonwealth,  shall  be  vested 
in  and  exercised  by  the  mayor  and  aldermen,  as  fully  as 
if  the  same  were  herein  specially  enumerated,  except  as  herein 
otherwise  provided. 

Section  16.  The  city  council  shall  appropriate  annually 
the  amount  necessary  to  meet  the  expenditures  of  the  city 
for  the  current  municipal  year,  and  such  appro])riations 
shall  not  be  increased  except  by  a  vote  of  two  thirds  of  each 
board  voting  by  yeas  and  nays.  It  shall  take  care  that 
no  money  is  paid  from  the  treasury  unless  granted  or  ap- 
propriated, and  shall  secure  a  just  and  proper  accounta- 
bility by  requiring  bonds  with  sufficient  penalties  and 
sureties  from  all  persons  intrusted  with  the  receipt,  custody 
or  disbursement  of  money.  It  shall,  as  often  as  once  in 
each  year,  cause  to  be  published  for  the  use  of  the  inhabit- 


Acts,  1911.  —  Chap.  732.  —  Paut  I.  897 

ants  a  particular  account  of  the  receipts  and  expenditures 
of  said  city  and  a  schedule  of  all  city  property  and  of  the 
city  debt.  It  shall  have  the  care  and  superintendence  of 
the  city  buildings  and  the  custody,  management  and  dis- 
posal of  all  city  property.  Any  appropriation  made  by 
the  city  council  for  the  erection  of  a  city  hall  or  for  land  for 
a  location  for  such  building  shall  be  subject  to  ratification 
by  the  legal  voters  of  the  city,  voting  in  their  respective 
wards  or  precincts,  at  an  annual  municipal  election.  The 
city  council  shall  also  have  the  sole  care,  superintendence 
and  management  of  the  public  grounds  belonging  to  said  city. 

Section  17.    In   all   cases   in   which   appointments   are  Mayor  to 
directed  to  be  made  by  the  mayor  and  aldermen  the  mayor  power^of'"^'^^ 
shall  have  the  exclusive  power  of  nomination,  which  nom-  ^^^^'^^^o^' 
ination  shall  be  subject  however  to  confirmation  or  rejection 
by  the  board  of  aldermen.     If  a  person  so  nominated  be 
rejected  the  mayor  shall  make  another  nomination  within 
ten  days  from  the  time  of  such  rejection.     No  person  shall 
be  eligible  by  appointment  or  election  by  the  mayor  and 
aldermen  or  city  council  to  any  office  of  emolument  the 
salary  of  which  is  payable  out  of  the  city  treasury,  who  at 
the  time  of  such  election  or  appointment  is  a  member  of 
the  city  council.     All  sittings  of  the  mayor  and  aldermen, 
of  the  common  council  and  of  the  city  council,  shall  be 
public,  except  the  sittings  of  the  mayor  and  aldermen  when 
they  are  engaged  in  executive  business. 

Section  18.  The  city  council  shall  have  power  within  ordinances 
said  city  to  make  and  establish  ordinances  and  by-laws  ^°  y-^^ws. 
and  to  affix  thereto  penalties  as  herein  and  by  general  law 
provided  without  the  sanction  of  any  court  or  justice  thereof. 
All  fines  and  forfeitures  for  the  breach  of  any  ordinance 
shall  be  paid  into  the  city  treasury.  'Complaint  for  the 
breach  of  any  ordinance  may  be  made  by  the  mayor  or  any 
head  of  a  department,  or  by  any  resident  of  the  city.  All 
existing  ordinances  of  said  city  not  inconsistent  with  the 
provisions  of  this  act  are  continued  in  force  until  amended 
or  repealed. 

Section  19.  The  city  council  shall,  with  the  approval  Laying  out  of 
of  the  mayor,  have  exclusive  authority  and  power  to  order 
the  laying  out,  locating  anew  or  discontinuing  of,  or  making 
specific  repairs  in,  all  streets  and  ways  and  all  highways 
within  the  limits  of  said  city,  and  to  assess  the  damages 
sustained  thereby;  but  all  questions  relating  to  the  subjects 
of  laying  out,  altering,  repairing  or  discontinuing  any  street, 


898 


Acts,  1911.  — Chap.  732.  — Part  I. 


Election  of 
certain  city 
olficers,  etc. 


Proviso. 


Fire 
department . 


way  or  highway,  shall  first  be  acted  upon  by  the  mayor  and 
aldermen.  Any  person  aggrieved  by  any  proceedings  of 
the  city  council  under  this  provision  shall  have  all  the  rights 
and  privileges  now  allowed  by  law  in  appeals  from  the 
decision  of  selectmen  or  road  commissioners  of  towns. 

Section  20.  The  city  council  shall  annually,  as  soon 
after  their  organization  as  may  be  convenient,  elect  by 
joint  ballot  in  convention  a  city  treasurer,  a  collector  of 
taxes,  a  city  clerk,  a  city  physician,  a  city  solicitor,  and  a 
city  auditor,  who  shall  be  legal  voters,  and  shall  hold  their 
offices  for  the  term  of  one  year  from  the  first  jNIonday  in 
February  then  next  ensuing  and  until  others  shall  be  elected 
and  qualified  in  their  stead:  provided,  however,  that  either 
of  the  officers  named  in  this  section  may  be  removed  at  any 
time  by  the  city  council  for  sufficient  cause.  Vacancies 
occurring  in  the  above  named  offices  may  be  filled  at  any 
time  in  the  same  manner  for  the  unexpired  term.  The 
compensation  of  the  officers  mentioned  in  this  section  shall 
be  fixed  by  concurrent  vote  of  the  city  council. 

Section  21.  The  city  council  may  establish  a  fire  de- 
partment for  said  city,  to  consist  of  a  chief  engineer  and  of 
as  many  assistant  engineers,  enginemen,  hosemen,  hook- 
and-ladder  men  and  assistants  as  the  city  council  by  ordi- 
nance shall  from  time  to  time  prescribe;  and  said  council 
shall  have  authority  to  fix  the  time  of  their  appointment 
and  the  term  of  their  service,  to  define  their  duties,  and  in 
general  to  make  such  regulations  concerning  the  pay,  con- 
duct and  government  of  such  department,  the  management 
of  fires  and  the  conduct  of  persons  attending  fires,  as  they 
may  deem  expedient,  and  may  fix  such  penalties  for  any 
violation  of  such  regulations  or  any  of  them  as  are  provided 
for  the  breach  of  the  ordinances  of  said  city.  The  appoint- 
ment of  all  the  officers  and  members  of  such  department 
shall  be  vested  in  the  mavor  and  aldermen  exclusivelv, 
who  shall  also  have  authority  to  remove  from  office  any 
officer  or  member  for  cause  sufficient  in  their  discretion. 
The  engineers  so  appointed  shall  be  the  firewards  of  the  city, 
but  the  mayor  and  aldermen  may  appoint  additional  fire- 
wards.  The  compensation  of  the  department  shall  be  fixed 
by  conciuTont  vote  of  the  city  coinicil.  The  powers  and 
duties  herein  conferred  upon  the  city  council  in  relation 
to  the  establi.shment  and  maintenance  of  a  fire  department 
may,  if  the  city  council  shall  so  determine,  be  exercised  and 
carried  into  effect  wholly  or  in  j)art  through  the  agency 


Acts,  1911.  —  Chap.  732.  —  Part  I.  Siii) 

of  a  board  or  commission  which  it  may  from  time  to  time 
designate,  and  with  such  Hmitations  of  power  as  the  city 
council  may  by  ordinance  direct.  The  members  of  any 
such  board  or  commission  shall  serve  without  compensation. 

Section  22.     The  city  council  shall  have  power  to  estab-  Fire  limits 
lish  fire  limits  within  the  city  and  from  time  to  time  change  ^tabiished. 
or  enlarge  the  same;    and  by  ordinance  they  may  regulate 
the  construction  of  all   buildings   erected   within  said  fire 
limits,  stipulating  their  location,  size  and  the  material  of 
which  they  shall  be  constructed,  together  with  such  other 
rules  and  regulations  as  shall  tend  to  prevent  damage  by 
fire:    promded,  that  such  rules  and  regulations  shall  not  be  Proviso, 
inconsistent  with  the  laws  of  this  commonwealth. 

Section  23.     The  city  council  shall  by  joint  ballot  in  Assessors  of 


convention  elect  three  persons  to  be  assessors  of  taxes,  one  efectton, 
person  to  be  chosen  by  ballot  in  the  month  of  January  in  <*'■"«•  ^tc 
each  year  and  to  hold  office  for  the  term  of  three  years  from 
the  first  Monday  of  February  then  next  ensuing  and  until 
his  successor  is  chosen  and  qualified.  The  present  assess- 
sors,  unless  sooner  removed,  shall  continue  to  hold  office 
for  the  terms  for  which  they  were  severally  chosen.  The 
assessors  shall  annually  elect  one  person  from  each  ward 
to  be  an  assistant  assessor  for  the  ensuing  year,  and  may 
fill  any  vacancy  occurring  in  the  office  of  assistant  assessor 
for  the  unexpired  term.  The  assistant  assessors  shall  be 
sworn  to  the  faithful  performance  of  their  duties.  It  shall 
be  their  duty  to  furnish  the  assessors  with  all  necessary 
information  relative  to  persons  and  property  taxable  in 
their  respective  wards.  The  compensation  of  the  assessors 
and  assistant  assessors  shall  be  fixed  by  the  city  council. 

Section  24.  The  city  council  shall  by  joint  ballot  in  Overseers  of 
convention  elect  three  persons,  legal  voters  of  said  city,  eiection^'etc. 
to  constitute  a  board  of  overseers  of  the  poor  in  said  city, 
one  person  to  be  chosen  by  ballot  in  the  month  of  January 
in  each  year  and  to  serve  for  the  term  of  three  years  from 
the  first  INIonday  of  February  then  next  ensuing  and  until 
his  successor  is  chosen  and  qualified.  Said  board  of  over- 
seers shall  organize  annually  by  the  choice  of  a  chairman, 
and  they  may  annually  elect,  but  not  from  their  own  num- 
ber, a  superintendent,  who  shall  serve  as  clerk  of  the  board 
and  wdio  may  be  removed  by  the  board;  the  compensation 
of  the  superintendent  shall  be  fixed  by  concurrent  vote  of 
the  city  council;  the  members  of  the  board  shall  serve 
without  compensation. 


900 


Acts,  11)11.  —  Chap.  732.  —  Paht  I. 


Boiird  of 
beallh, 
election,  etc. 


Commission- 
ers of  the 
sinking  fund, 
election,  etc. 


Vacancies. 


Bounl  of 
pul)lio  works, 
election,  etc. 


Section  25.  The  city  council  shall  by  joint  ballot  in 
convention  elect  three  persons,  legal  voters  of  said  city, 
to  constitute  a  board  of  health,  one  person  to  be  elected 
in  the  month  of  January  in  each  year  and  to  serve  for  the 
term  of  three  years  from  the  first  Monday  of  February 
then  next  ensuing  and  until  his  successor  is  elected.  The 
present  members  of  the  board  of  health  of  said  city  shall, 
unless  sooner  removed,  continue  to  hold  office  for  the  terms 
for  which  they  were  severally  elected.  Elections  shall  be 
so  made  that  one  member  at  least  of  said  board  shall  be  a 
physician.  The  compensation  of  the  board  shall  be  fixed 
by  the  city  council. 

Section  26.  The  city  council  shall  by  joint  ballot  in 
convention  elect  three  persons,  legal  voters  of  said  city, 
to  constitute  a  board  of  commissioners  of  the  sinking  fund 
of  the  city  of  Pittsfield,  one  person  to  be  elected  in  the  month 
of  January  in  each  year  and  to  serve  for  the  term  of  three 
years  from  the  first  Monday  of  February  then  next  ensuing 
and  until  his  successor  is  elected.  Said  board  shall  serve 
without  compensation,  and  shall  have  all  the  powers  and  be 
subject  to  all  the  duties  specified  in  the  laws  relating  to 
sinking  funds;  and  said  city  of  Pittsfield  shall  continue 
to  have  all  the  rights  and  privileges  and  to  be  subject  to 
all  the  duties  and  liabilities  heretofore  given  to  or  imposed 
upon  the  town  of  Pittsfield  in  reference  to  its  sinking  fund. 

Section  27.  Any  vacancy  occurring  in  either  of  the 
boards  established  under  the  pl•o^•isions  of  the  four  pre- 
ceding sections  may  be  filled  by  the  city  council  voting  by 
joint  ballot  in  convention  at  any  time  for  the  unexpired 
term;  and  any  member  of  either  of  said  boards  may  at  any 
time  be  removed  by  the  city  council  for  such  cause  as  may 
seem  to  it  sufficient. 

Section  28.  There  shall  be  a  board  of  public  works 
of  said  city  to  consist  of  three  members.  The  city  council 
shall  annually  in  the  month  of  January,  beginning  with  the 
year  nineteen  hundred  and  twelve,  elect  by  joint  ballt)t  in 
convention  one  person,  who  shall  be  a  legal  voter  of  said 
city,  to  serve  on  the  board  of  public  works  herein  ])ro\ided 
for  for  the  term  of  three  years  from  the  first  jNIonday  of 
February  next  ensuing  and  until  his  successor  is  elected. 
Said  board  of  public  works  shall  organize  annually  by  the 
choice  of  a  chairman;  they  shall  annually  appoint  a  clerk, 
to  be  under  their  direction  and  control,  who  shall  be  sworn 
to  the  faithful  performance  of  his  duties  and  who  shall  keep 


Acts,  1911.  — Chap.  732.  —  Part  I.  901 


a  record  of  the  meetings  and  proceedings  of  said  board; 
and  may  appoint,  but  not  from  their  own  number,  such 
superintendents  and  agents  as  the  city  council  shall  by 
ordinance  from  time  to  time  authorize  or  prescribe;  said 
board  may  at  any  time  remove  such  clerk,  superintendents 
and  agents  for  such  cause  as  may  seem  to  said  board  suffi- 
cient. The  compensation  of  such  clerk,  superintendents  Compensation 
and  agents  may  be  fixed  by  the  city  council.  The  city  superL-"^"'^ 
council  may  at  any  time  remove  any  member  of  said  board  t^^'^euts,  etc. 
of  public  works  for  such  cause  as  it  may  deem  sufficient, 
and  may  by  joint  ballot  fill  any  vacancy  that  may  occur 
in  said  board  for  the  unexpired  term.  The  compensation 
of  said  board  shall  be  fixed  by  the  city  council.  Said  board 
shall  have  the  direction,  control,  care  and  superintendence 
of  the  construction,  alteration  and  repair  of  the  highways, 
streets,  sidewalks,  common  sewers,  main  drains  and  bridges 
of  the  city;  the  care,  superintendence  and  control  of  street 
lights  and  of  the  location  of  such  lights,  unless  the  same  shall 
by  ordinance  be  entrusted  to  some  other  board  or  com- 
mittee; the  direction  and  control  of  the  extensions,  im- 
provements and  maintenance  of  the  water  works  and  their 
appurtenances,  the  supervision  of  the  collection  of  water 
rates  and  the  determination  of  the  same,  under  such  schedule 
of  rates  and  regulations  as  the  city  council  may  from  time 
to  time  by  ordinance  adopt;  they  shall  have  all  the  authority 
given  by  general  law  to  selectmen  of  towns  relating  to  shade 
and  ornamental  trees  in  public  streets  and  ways,  unless  such 
authority  shall  by  ordinance  be  given  to  some  other  board 
or  committee.  Said  board  shall  in  general,  except  as  other- 
wise herein  provided,  have  exclusively  the  powers  and  be 
subject  to  the  duties,  liabilities  and  penalties  which  are 
or  may  by  law  be  given  to  or  imposed  upon  road  commis- 
sioners of  towns.  They  shall  perform  such  other  duties  not 
inconsistent  with  their  office  as  the  city  council  may  direct. 

Section  29.     Said  board  of  public  works  shall  have  au-  The  board  of 
thority   to    determine   the   width    and    material,    including  to  haveTu^^ 
the  curbstone,  of  all  sidewalks  on  the  public  streets  and  gtreetfanT 
ways  of  said  city,  having  due  reference  to  the  established  ways.  etc. 
grades  of  said  streets  and  v/ays;    and  to  construct,  recon- 
struct and  repair  such  sidewalks,  in  accordance  with  such 
determination.     Upon  the  completion  of  any  sidewalk  by 
said  board,  or  upon  the  completion  of  the  reconstruction 
or  repair  of  any  sidewalk,  said  board  shall  ascertain,  de- 
termine and   certify  the  whole  expense   of   such   making. 


902 


Acts,  1911.  — Chap.  732.  — Part  L 


Assessments. 


Invalid  as- 
Bossinenta 
may  be 
reasaeHsed,  etc. 


reconstruction  or  repair,  and  shall  cause  a  record  thereof 
to  be  made  and  deposited  with  the  city  clerk,  and  shall 
assess  one  half  the  amount  of  the  same  upon  all  lands  es- 
pecially benefited  by  such  making,  reconstruction  or  repair, 
whether  such  lands  abut  upon  such  sidewalks  or  not.  They 
shall  have  the  authority  given  by  law  to  the  selectmen  or 
road  commissioners  of  towns  to  adjudicate  upon  the  question 
of  damages  sustained  by  an  owner  of  land  adjoining  such 
sidewalk,  by  reason  of  the  construction,  reconstruction  or 
repair  thereof. 

Section  30.  All  assessments  so  made  by  said  board 
shall  constitute  a  lien  on  the  real  estate  assessed,  for  two 
years  from  the  time  of  the  assessment,  and  for  one  year 
after  the  final  determination  of  any  suit  or  proceeding  in 
which  the  amount  or  validity  of  such  assessment  shall  be 
drawn  in  question.  Every  such  assessment  made  by  said 
board  shall  be  recorded  in  books  to  be  kept  for  that  purpose, 
and  a  list  thereof  shall  be  committed  by  said  board  for  col- 
lection to  the  collector  of  taxes  in  said  city.  Said  collector 
shall  forthwith  publish  said  list  for  three  successive  weeks 
in  some  newspaper  published  in  said  city,  and  shall,  on  or 
before  the  day  of  the  last  publication  thereof,  demand  pay- 
ment of  the  same  of  the  owner  or  occupant  of  the  land  as- 
sessed, if  known  to  him  and  within  his  precinct.  If  any 
such  assessment  shall  not  be  paid  within  three  months 
from  the  last  publication  of  said  list  he  shall  levy  the  same, 
with  incidental  costs  and  expenses,  by  sale  of  the  land,  such 
sales  to  be  conducted  in  the  same  manner  as  sales  of  land 
for  non-payment  of  taxes;  and  in  making  such  sales  said 
collector,  and  said  city  and  its  officers,  shall  have  all  the 
powers  and  privileges  conferred  by  the  general  laws  of  the 
commonwealth  upon  collectors  of  taxes,  and  uj)on  cities 
and  towns  and  their  officers,  relating  to  sales  of  land  for  the 
non-payment  of  taxes. 

Section  31.  Every  assessment  made  by  said  board 
which  is  invalid  by  reason  of  any  error  or  irregularity  in 
the  assessment,  and  which  has  not  been  paid,  or  which  has 
been  recovered  back,  or  which  has  been  enforced  by  an 
invalid  sale,  may  be  reassessed  by  said  board  of  ])ul)lic 
works  for  the  time  being,  to  the  just  amount  for  which 
and  u])on  the  estate  upon  which  such  assessment  ought  at 
first  to  have  been  assessed;  and  the  assessments  thus  reas- 
sessed shall  be  payable,  and  shall  be  collected  and  enforced, 
in  the  same  manner  as  other  assessments. 


Acts,  1911.  — Chap.  732.  — Part  I.  903 

Section  32.     Said  board  of  public  works  shall  have  au-  construction 
thority  to  lay,  make,  construct,  reconstruct  and  maintain  nanroor**"' 
such  drains  as  may  be  necessary  for  the  care  and  disposal  drama,  etc. 
of  surface  or  ground  water  accumulating  in  the  streets, 
and  to  lay  such  drains  through  any  street  or  private  lands; 
and  said  city  shall  pay  the  owners  of  such  lands  such  dam- 
ages as  they  may  sustain  by  the  laying  or  relaying  of  said 
drains;    and  any  person  or  corporation  sustaining  damages 
as  aforesaid,  who  fails  to  agree  with  said  board  as  to  the 
amount    of    damages    sustained,    may    have    the    damages 
assessed  and  determined  in  the  manner  provided  by  law 
when  land  is  taken  for  the  laying  out  of  highways. 

Section  33.  Said  board  of  public  works  shall  have  all  ?°'^if^„f°f 
the  powers  and  be  subject  to  all  the  duties  which  were  board. 
given  to  and  imposed  upon  the  commissioners  of  sewers 
by  the  provisions  of  chapter  three  hundred  and  fifty-seven 
of  the  acts  of  the  year  eighteen  hundred  and  ninety  and 
by  the  provisions  of  chapter  three  hundred  and  thirty  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-three, 
and  all  the  plans,  records  and  documents  of  said  commis- 
sioners may  be  kept  in  the  office  of  said  board  of  public 
works. 

Section  34.  The  school  committee  shall  consist  of  the  school  com- 
mayor,  ex  officio,  who  shall  be  chairman  of  the  board,  ^ectioA.etc 
and  fourteen  other  persons,  inhabitants  of  said  city,  of 
whom  two  shall  be  elected  by  ballot  from  each  ward  by 
the  qualified  voters  in  said  ward.  At  each  municipal  elec- 
tion hereafter  held  there  shall  be  chosen  members  of  the 
school  committee  to  hold  the  office  for  the  term  of  three  years, 
as  successors  of  and  from  the  same  wards  as  those  whose 
term  of  office  expires  at  the  expiration  of  the  then  municipal 
year.  Any  vacancy  occurring  in  said  committee  may  be  vacancies. 
filled  by  ballot  for  the  remainder  of  the  municipal  year 
by  the  joint  ballot  of  the  city  council  and  school  committee 
in  convention;  and  for  the  unexpired  term  thereafter  shall 
be  filled  at  the  first  municipal  election  after  such  vacancy 
occurs.  The  members  of  the  committee  shall  serve  without 
compensation.  Said  committee  shall  annually  elect  one 
of  their  number  as  chairman,  to  serve  in  the  absence  of  the 
mayor.  Said  committee  shall  annually  appoint  one  of  their 
number  to  attend  the  meetings  of  the  board  of  aldermen 
and  common  council  for  the  purpose  hereinafter  mentioned, 
and  said  committee  shall  annually  appoint  a  secretary,  one 
of  their  number,   who  shall  be  under  their  direction  and 


904 


Acts,  1911.  — Chap.  732.  — Part  I. 


Certain 
boards,  etc., 
to  be  en- 
titled to  seats 
■with  the  city 
council,  etc. 


Appropriation 
for  a  specific 
purpose  not 
to  be  ex- 
pended for 
other  pur- 
pose, etc. 


Elections  by 
the  city 
council,  etc. 


Certain  laws 
to  roinaiii 
in  force. 


Firo  district, 
etc. 


control.  They  shall  annually  appoint,  but  not  of  their 
own  number,  a  superintendent  of  schools.  The  committee 
shall  fix  the  salaries  of  such  secretary  and  superintendent 
and  may  remove  them  for  sufficient  cause. 

Section  35.  The  chairman  of  the  board  of  overseers 
of  the  poor,  of  the  board  of  public  works,  and  the  member 
of  the  school  committee  appointed  for  that  purpose  shall, 
respectively,  be  entitled  to  seats  with  the  board  of  alder- 
men and  common  council,  and  shall  have  the  right  to  dis- 
cuss all  matters  relating  to  their  respective  departments 
of  city  aft'airs,  but  without  the  right  to  vote;  they  shall 
be  notified  in  the  same  manner  as  members  of  the  two 
boards,  of  all  special  meetings  of  said  boards.  Every  officer 
of  the  city,  except  the  mayor,  shall  at  the  request  of  the  board 
of  aldermen  or  common  council  appear  before  them  and 
give  such  information  as  they  may  require,  and  answer 
such  questions  as  may  be  asked  in  relation  to  any  matter, 
act  or  thing  connected  with  his  office  or  the  discharge  of 
the  duties  thereof. 

Section  36.  No  sum  appropriated  for  a  specific  purpose 
shall  be  expended  for  any  other  purpose,  and  no  expendi- 
ture shall  be  made  and  no  liability  incurred  by  or  in  behalf 
of  the  city  until  the  city  council  has  duly  voted  an  appro- 
priation sufficient  to  meet  such  expenditure  or  liability, 
together  with  all  prior  liabilities  which  are  payable  there- 
from, except  that  after  the  expiration  of  the  financial  year, 
and  before  the  making  of  the  regular  annual  appropriations 
liabilities  payable  out  of  a  regular  appropriation  may  be 
incurred  to  an  amount  not  exceeding  one  fourth  of  the 
total  of  the  appropriation  made  for  similar  purposes  in  the 
preceding  year. 

Section  37.  In  all  elections  of  officers  by  the  city  coun- 
cil by  joint  ballot  in  convention,  the  person  receiving  the 
highest  number  of  votes  for  an  office  shall  be  deemed  and 
declared  to  be  elected  to  such  office. 

Section  38.  All  general  laws  in  force  in  the  city  of 
Pittsfield,  and  all  special  laws  heretofore  passed  with  ref- 
erence to  said  city  and  to  the  town  of  Pittsfield  and  in 
force  in  said  city  at  the  time  of  the  passage  of  this  act  shall, 
until  altered,  amended  or  repealed,  continue  in  force  in  the 
city  of  Pittsfield,  so  far  as  the  same  are  not  inconsistent 
herewith. 

Section  30.  All  special  laws  heretofore  passed  concern- 
ing the  lire  district  in  the  town  of  Pittsfield  and  in  force 


Acts,  1911.—  CnAr.  732.  —  Part  II.  905 

in  said  city  at  the  time  of  the  passage  of  this  act  shall,  so 
far  as  the  same  are  not  inconsistent  herewith,  be  and  con- 
tinue in  force  in  the  city  of  Pittsfield  until  altered,  amended 
or  repealed. 

Section  40.     The   property   formerly   belonging   to   the  Property  of 
fire  district  in  the  town  of  Pittsfield,  heretofore  vested  in  ^'"'^ '"^'"'=*- 
said  city,  shall  continue  to  be  the  property  of  the  city  of 
Pittsfield,  and  said  city  shall  continue  to  assume  and  discharge 
the  former  powers,  privileges  and  duties  of  said  fire  district, 
and   shall  continue  liable  for  its  existing  debts  and  legal 
contracts:  provided,  that  the  said  fire  district  shall,  as  to  Proviso. 
its  creditors,  continue  liable  to   pay  all  its  existing  debts 
and  to  perform  all  its  legal  contracts. 

Section  41.     The  provisions  of  this  act  so  far  as  they  are  Actcon- 
the  same  as  those  of  chapter  three  hundred  and  two  of  the  ^*™®'^" 
acts  of  the  year  eighteen  hundred  and  ninety-five  shall  be 
construed  as  a  continuance  of  the  provisions  of  said  chapter, 
and  all  acts  and  parts  of  acts  inconsistent  herewith,  are 
hereby  repealed:   provided,   that  such  repeal  shall  not  revive  Proviso, 
any  act  heretofore  repealed,   nor  shall  such  repeal  afi^ect 
any  act  done,  liability  incurred,  or  any  right  accruing  or 
accrued,  or  any  penalty  or  forfeiture  incurred,  or  any  suit, 
proceeding  or  prosecution  pending  at  the  time  said  repeal 
takes  eflFect.     All  persons  holding  office  in  said  city  shall, 
notwithstanding  the  passage  of  this  act,  continue  to  hold 
office,  unless  sooner  resigning  or  removed,  for  the  terms 
for  which  they  were  severally  elected,  except  as  otherwise 
provided  in  this  act. 

Section  42.  All  officers  now  holding  office  in  the  city  Terms  of 
of  Pittsfield  shall  continue  in  office  until  their  terms  of  to'^he'"° 
office  expire  or  their  successors  are  elected  and  qualified.         continued. 

Part  IL 

Section  1.  The  inhabitants  of  the  city  of  Pittsfield  p^^fid 
shall  continue  to  be  a  body  politic  and  corporate,  under 
the  name  of  the  City  of  Pittsfield,  and  as  such  shall  have, 
exercise  and  enjoy  all  the  rights,  immunities,  powers  and 
privileges,  and  shall  be  subject  to  all  the  duties  and  obliga- 
tions, now  pertaining  to  and  incumbent  upon  the  city  as  a 
municipal  corporation,  except  so  far  as  the  same  may  be 
modified  by  the  provisions  of  this  act. 

Section  2.     The   administration   of  all  the  fiscal,   pru-  Administra- 

dential  and  municipal  affairs  of  the  city,  with  the  govern-  city  govern- 
ment , 


906 


Acts,  1911.  —  Chap.  732.  —  Part  II. 


Number  of 

wards. 


Municipal 
election  and 
municipal 
jear. 


Election  of 
mayor, 
aldermen,  etc. 


ment  thereof,  shall  be  vested  in  one  officer,  to  be  called  the 
mayor,  and  in  one  council,  to  be  called  the  board  of  alder- 
men. The  general  management  and  control  of  the  public 
schools  of  the  city  shall  be  vested  in  a  school  committee. 

Section  3.  The  territory  of  the  city  shall  continue  to 
be  divided  into  seven  wards,  which  shall  retain  their  present 
boundaries  until  the  same  shall  be  changed  under  the  general 
law  relating  thereto. 

Section  4.  The  municipal  election  shall  take  place 
annually  on  the  second  Tuesday  in  December,  and  the 
municipal  year  shall  begin  on  the  first  Monday  in  Janu- 
ary following.  All  meetings  of  the  citizens  for  municipal 
purposes  shall  be  called  by  warrants  issued  by  order  of  the 
board  of  aldermen,  which  shall  be  in  such  form  and  be  served 
and  returned  in  such  manner  and  at  such  times  as  the  board 
of  aldermen  may  by  ordinance  direct. 

Section  5.  At  the  municipal  election  the  qualified 
voters  shall  give  in  their  votes  by  ballot  in  the  several  wards 
for  mayor,  aldermen,  and  members  of  the  school  committee, 
in  accordance  with  the  provisions  of  this  act  and  the  laws 
of  the  commonwealth;  and  the  person  receiving  the  highest 
num.ber  of  votes  for  any  office  shall  be  deemed  and  declared 
to  be  elected  to  such  office.  If  it  shall  appear  that  there 
is  no  choice  of  mayor,  or  if  the  person  elected  mayor  shall 
refuse  to  accept  the  office,  or  shall  die  before  qualifying, 
or,  if  a  vacancy  in  the  office  shall  occur  subsequently  and  more 
than  five  months  previous  to  the  expiration  of  the  municipal 
year,  the  board  of  aldermen  shall  forthwith  cause  warrants 
to  be  issued  for  a  new  election  and  the  same  proceedings 
shall  be  had  in  all  respects  as  are  hereinbefore  provided 
for  the  election  of  mayor,  and  shall  be  repeated  until  a  mayor 
is  elected.  In  case  such  vacancj^  in  the  office  of  mayor 
shall  occur  within  five  months  or  less  of  the  expiration  of 
the  municipal  year,  the  president  of  the  board  of  aklermen 
shall,  under  the  style  of  acting  mayor,  exercise  and  perform 
all  the  duties  of  the  mayor  and  shall  receive  the  salary  herein 
provided  for  the  mayor,  except  that  he  shall  not,  without 
the  consent  of  the  board  of  aldermen,  make  any  permanent 
appointment  to  or  removal  from  office.  If  the  full  number 
of  members  of  the  board  of  aldermen  has  not  been  elected, 
or  if  a  vacancy  in  the  office  of  alderman  shall  occur  sub- 
sequently and  more  than  six  months  previous  to  the  expi- 
ration of  the  municipal  year,  the  board  of  aldermen  shall 
forthwith  cause  warrants  to  be  issued  for  a  new  election 


Acts,  1911.  — Chap.  732.  — Part  XL  907 

or  new  elections  in  the  ward  or  wards  in  which  an  alderman 
has  not  been  so  elected,  or  in  which  a  vacancy  in  the  office 
of  alderman  has  so  occurred;  but  if  such  vacancy  shall 
at  any  time  occur  less  than  six  months  before  the  expira- 
tion of  the  municipal  year,  the  aldermen  may  elect  some 
person  from  the  ward  in  which  such  vacancy  has  occurred 
to  fill  the  same. 

Section  6.     All  meetings  for  the  election   of  national,  caiiingof 

,        .  ~  '   meetings  for 

state,  county  and  district  officers  shall  be  called  by  the  board  elections. 
of  aldermen,  in  the  same  manner  as  meetings  for  municipal 
elections  are  called. 

Section  7.    The  board  of  aldermen  may,  when  no  con-  ward  meetings 
venient  wardroom  for  holding  the  meeting  of  the  citizens  in  an  adjoining 
of  any  ward  or  precinct  can  be  had  within  the  territorial  ^^"^  * 
limits  of  such  ward  or  precinct,  appoint  and  direct,  in  the 
warrant  for  calling  the  meeting  of  such  ward  or  precinct, 
that  the  meeting  be  held  in  some  convenient  place  within 
the  limits  of  an  adjacent  ward  or  precinct  of  the  city;   and 
for  such  purpose  the  place  so  assigned  shall  be  deemed  and 
taken  to  be  a  part  of  the  ward  or  precinct  for  which  the  elec- 
tion is  held. 

Section  8.     General  meetings  of  the  citizens  qualified  ,ueedngsof 
to  vote  may  from  time  to  time  be  held  according  to  the  citizens. 
rights  secured  to  the  people  by  the  constitution  of  this 
commonwealth,  and  such  meetings  may,  and  upon  request 
in  writing  of  fifty  qualified  voters  setting  forth  the  purposes 
thereof  shall,  be  duly  called  by  the  board  of  aldermen. 

Section  9.  The  mayor  shall  be  elected  by  the  qualified  orm^yL°ftT 
voters  of  the  entire  city  and  shall  liold  office  for  the  mu- 
nicipal year  beginning  with  the  first  Monday  in  January 
next  succeeding  his  election,  and  until  his  successor  is  elected 
and  qualified.  He  shall  be  the  chief  executive  officer  of  the 
city,  and  it  shall  be  his  duty  to  be  active  and  vigilant  in 
causing  the  laws,  ordinances  and  regulations  of  the  city 
to  be  enforced,  and  to  keep  a  general  supervision  over  the 
conduct  of  all  subordinate  officers.  He  may  suspend  any 
officer,  and  may  suspend  any  work  or  payment  for  a  period 
not  exceeding  seven  days,  but  in  such  case  (except  in  case 
of  his  suspension  of  an  officer  removable  by  him  as  herein- 
after provided)  he  shall  report  his  action  with  his  reasons 
therefor  to  the  board  of  aldermen,  which  shall  take  immediate 
action  thereon.  He  may  call  special  meetings  of.  the  board 
of  aldermen,  by  causing  notices  to  be  left  at  the  usual  place 
of  residence  of  each  member,  or  to  be  deposited  in  the  post 


908 


Acts,  1911.  —  Chap.  732.  —  Pakt  II. 


Wlio  shall  act 
in  case  of 
vacancy  in 
tlio  oHico  of 
mayor. 


Election  of 
alilcrinen,  etc. 


office,  postpaid,  directed  to  each  member  at  his  usual  place 
of  business  or  of  residence,  at  least  one  day  previous  to 
the  time  appointed  for  such  meeting.  He  shall  from  time 
to  time  communicate  to  the  board  of  aldermen  such  infor- 
mation and  recommend  such  measures  as  the  interests  of 
the  city  may  in  his  opinion  require.  Every  ordinance, 
order,  resolution,  or  vote  of  the  board  of  aldermen,  except 
such  as  relates  to  its  own  internal  affairs,  to  its  officers  or 
employees,  to  the  declaration  of  a  vacancy  in  the  office  of 
mayor,  or  to  the  granting  of  licenses  or  franchises  which 
it  is  empowered  to  grant  by  the  laws  of  the  commonwealth, 
or  election  warrants,  shall  be  presented  to  the  mayor  for  his 
approval,  and  like  proceedings  shall  be  had  thereon  as  are 
in  such  cases  provided  by  general  laws  relating  to  cities. 
He  shall  receive  a  salary  of  two  thousand  dollars,  which 
shall  be  payable  at  stated  periods.  The  executive  power 
of  the  city  generally,  with  all  the  powers  heretofore  vested 
by  special  statute  in  the  selectmen  of  the  town  of  Pittsfield, 
and  in  the  officers  of  the  Pittsfield  Fire  District,  and  in  the 
selectmen  of  towns  generally  by  the  laws  of  the  common- 
wealth shall,  except  as  herein  otherwise  provided,  be  vested 
in  the  mayor,  and  may  be  exercised  by  him  personally  or 
through  the  several  officers  of  the  city  in  their  respective 
departments,  under  his  supervision  and  control. 

Section  10.  In  case  of  the  death,  resignation  or  absence 
from  the  city  of  the  mayor,  or  of  his  inability  from  other 
cause  to  perform  the  duties  of  his  office,  or,  until  the  election 
and  qualification  of  his  successor,  the  president  of  the  board 
of  aldermen  shall,  under  the  style  of  acting  mayor,  exercise 
the  powers  and  perform  the  duties  of  mayor.  He  shall 
not  make  any  permanent  appointment  to  or  removal  from 
office,  except  in  accordance  with  the  provisions  of  section 
five  of  this  act;  nor  shall  he,  unless  such  disability  of  the 
mayor  has  continued  at  least  nine  days,  or  unless  the  office 
of  mayor  has  become  vacant,  have  power  to  approve  or 
disapprove  any  ordinance,  order,  resolution  or  vote  of  the 
board  of  aldermen. 

Section  11.  One  alderman  shall  be  elected  by  and  from 
the  qualified  voters  of  each  ward,  and  shall  hold  office  for 
one  vear  from  the  first  Mondav  in  January  next  succeeding 
his  election.  No  person  shall  be  eligible  for  election  as  alder- 
man who  is  not  at  the  time  of  his  election  a  resident  of 
the  ward  from  which  he  is  chosen,  but  a  subsequent  removal 
to  another  ward  of  said  city  shall  not  disqualify  him  from 


Acts,  1911.  — Chap.  732.  — Pakt  II.  901) 

discharging  the  duties  of  his  office.  Each  alderman  shall 
receive  as  compensation  for  his  services  the  sum  of  two 
hundred  dollars  per  annum.  A  majority  of  the  board  shall 
constitute  a  quorum  for  the  transaction  of  business. 

Section  12.  On  the  first  Monday  in  January,  at  ten  Mayor  and 
o'clock  in  the  forenoon,  the  mayor  and  aldermen  elect  shall  be  sworn,  etc. 
meet  and  shall  be  sworn  to  the  faithful  discharge  of  the 
duties  of  their  respective  offices.  The  oath  may  be  admin- 
istered by  the  city  clerk  or  by  any  justice  of  the  peace,  and 
a  certificate  of  the  oath  having  been  taken  shall  be  entered 
on  the  journal  of  the  board  of  aldermen.  The  board  of 
aldermen  shall  choose  a  president,  who  shall  preside  at  the 
meetings  of  the  board,  and  in  case  of  his  absence  at  any 
meeting,  the  board  may  choose  a  president  pro  tempore. 
In  case  of  the  absence  of  the  mayor  elect  on  the  first  Mon- 
day in  January,  or  if  the  mayor  has  not  been  elected,  the 
board  of  aldermen  shall  organize  in  the  manner  hereinbefore 
provided  and  proceed  to  business.  The  oath  of  office  may 
at  any  time  thereafter  be  administered  to  the  mayor  and 
to  any  member  of  the  board  who  has  been  previously  absent 
or  has  been  subsequently  elected,  and  every  oath  shall  be 
duly  certified  as  aforesaid.  The  board  shall  keep  a  record 
of  its  proceedings  and  be  the  judge  of  the  election  of  its 
members. 

Section  13.  The  board  of  aldermen  shall,  except  as  Powers  of  the 
is  otherwise  provided  in  this  act,  have  and  exercise  all  the  aufemfen,  etc. 
legislative  powers  of  towns,  and  have  all  the  powers  and  be 
subject  to  all  the  liabilities  of  city  councils  and  of  either 
branch  thereof,  under  the  general  laws  of  the  common- 
wealth. The  board  shall  appropriate  annually  the  amounts 
necessary  to  meet  the  expenditures  of  the  city  for  the  current 
municipal  year,  and  such  appropriations  shall  not  be  increased 
except  by  a  two  thirds  yea  and  nay  vote  of  the  board.  It 
shall  take  care  that  no  money  is  paid  from  the  treasury 
unless  appropriated,  and  shall  secure  a  just  and  proper 
accountability  by  requiring  bonds  wdth  sufficient  penalties 
and  sureties  from  all  persons  intrusted  with  the  receipt, 
custody  or  disbursement  of  money.  It  shall,  as  often  as 
once  in  each  year,  cause  to  be  published  for  the  use  of  the 
inhabitants  a  particular  account  of  the  receipts  and  expendi- 
tures of  the  city  and  a  schedule  of  all  city  property  and  of 
the  city  debt.  All  sittings  of  the  board  shall  be  public. 
Five  members  of  the  board  may  at  any  time,  by  written 
request  filed  with  the  city  clerk,  call  a  special  meeting  of 


910 


Acts,  1911.  —  Ciiai>.  732.  —  Part  IT. 


Pasaige  of 
ordinance, 
order,  etc. 


Proviso. 


Compensa- 
tion of  certain 
officers,  etc. 


Mayor  to 
have  power 
of  nomina- 
tion, etc. 


Ordinances, 
etc. 


J/iyins;  out 
of  strceta,  etc. 


the  board,  designating  the  day  and  hour  therefor;  and  the 
city  clerk  shall  thereupon  cause  notices  of  such  special 
meeting  to  be  issued  and  served  in  like  manner  as  notices 
of  special  meetings  called  by  the  mayor. 

Every  ordinance,  order,  resolution  or  vote  involving  the 
appropriation  or  expenditure  of  more  than  five  hundred 
dollars  shall  be  read  twice  with  an  interval  of  at  least  two 
days  between  readings  before  being  finally  passed,  and  the 
vote  upon  its  final  passage  shall  be  taken  by  roll  call:  pro- 
vided, however,  that  upon  the  written  recommendation  of 
the  mayor  the  board  may  pass  such  ordinance,  order,  reso- 
lution or  vote  upon  the  same  day  by  a  two  thirds  yea  and 
nay  vote. 

Except  as  is  otherwise  in  this  act  provided,  the  board 
of  aldermen  shall  fix  the  compensation  of  the  city  officers 
created  by  general  law  or  by  this- act,,  except  those  under 
the  control  of  the  school  committee. 

Section  14.  In  all  cases  in  which  appointments  are 
directed  by  the  general  laws  of  the  commonwealth  to  be 
made  by  the  mayor  and  aldermen,  the  mayor  shall  have 
the  power  of  nomination,  subject  to  confirmation  or  rejec- 
tion by  the  board  of  aldermen.  If  a  person  so  nominated 
be  rejected  the  mayor  shall  make  another  nomination 
within  ten  days  from  the  time  of  such  rejection.  No  person 
shall  be  eligible  to  appointment  to  an  office  of  emolument 
the  salary  of  which  is  payable  out  of  the  city  treasury, 
who  at  the  time  of  liis  appointment  is  a  member  of  the 
board  of  aldermen. 

Section  15.  The  board  of  aldermen  shall  have  power 
within  the  city  to  make  ordinances  and  to  affix  thereto 
penalties,  wdthout  the  sanction  of  any  court  or  justice 
thereof  or  of  the  attorney -general.  All  fines  and  forfeitures 
for  the  breach  of  any  ordinance  shall  be  i)aid  into  the  city 
treasury.  Comj)laint  for  the  breach  of  any  ordinance  may 
be  made  by  the  mayor  or  any  head  of  a  department,  or  by 
any  resident  of  the  city.  All  existing  ordinances  of  the  city 
not  inconsistent  with  the  provisions  of  this  act  shall  continue 
in  force  until  amended  or  repealed. 

Section  16.  The  board  of  aldermen  shall,  with  the 
approval  of  the  mayor,  have  exclusive  authority  and  power 
to  order  the  laying  out,  locating  anew  or  discontinuing  of, 
or  making  specific  repairs  in,  all  streets  and  ways  and  all 
highways  within  the  limits  of  the  city,  and  to  assess  the 
damages    sustained    thereby.     Any    person    aggrieved    by 


Acts,  1911.  — Chap.  732.  — Paiit  II.  911 

proceedings  of  the  board  under  this  j)rovision  shall  have  all 
the  rights  and  privileges  now  allowed  by  law  in  appeals 
from  the  decision  of  selectmen  or  road  commissioners  of 
towns. 

Section  17.  The  board  of  aldermen  shall  establish  by  Police 
ordinance  a  police  department,  to  consist  of  a  chief  of  police,  etc!'^'^  ™^"  ' 
and  of  such  other  police  officers  and  constables  as  the  board 
may  determine.  The  chief  of  police  shall  be  appointed  by 
the  mayor,  and  may  be  removed  by  him  at  any  time  for 
such  cause  as  he  may  deem  sufficient.  The  other  members 
of  the  police  department  shall  be  appointed  by  the  mayor, 
and  may  at  any  time  be  removed  by  him,  after  hearing, 
for  such  cause  as  he  may  deem  sufficient.  The  board  of 
aldermen  may  require  the  chief  of  police  or  any  constable 
to  give  bonds,  with  such  surety  and  to  such  amount  as  it 
may  deem  proper,  for  the  faithful  discharge  of  the  duties 
of  his  office.  The  members  of  the  police  department  of 
the  city  at  the  time  this  act  takes  effect  shall,  notwithstand- 
ing the  passage  hereof,  continue  as  such  members  unless 
removed  as  herein  provided. 

Section  18.  The  board  of  aldermen  shall  establish  a  Fire  de- 
fire  department,  to  consist  of  a  chief  engineer  and  of  aB  p^rtment.  etc. 
many  assistant  engineers,  enginemen,  hosemen,  hook-and- 
ladder  men  and  assistants  as  the  board  by  ordinance  shall 
from  time  to  time  prescribe;  and  the  board  shall  have  au- 
thority by  ordinance,  to  define  their  duties,  and  to  make 
regulations  concerning  the  conduct  and  government  of  the 
department  and  the  management  of  fires  and  the  conduct 
of  persons  attending  fires.  The  chief  of  the  department 
shall  be  appointed  by  the  mayor  and  may  be  removed 
by  him  at  any  time  for  such  cause  as  he  may  deem  sufficient. 
The  other  members  of  the  department  shall  be  appointed 
by  the  mayor  and  may  at  any  time  be  removed  by  him, 
after  hearing,  for  such  cause  as  he  may  deem  sufficient.  The 
engineers  so  appointed  shall  be  the  firewards  of  the  city. 
The  mayor  may  appoint  additional  firewards.  The  mem- 
bers of  the  fire  department  of  the  city  at  the  same  time 
this  act  takes  effect  shall,  notwithstanding  the  passage 
hereof,  continue  as  such  members  unless  removed  as  herein 
provided. 

Section  19.     The  board  of  aldermen  may  by  ordinance  Fire  umits, 
and  in  accordance  with  the  provisions  of  chapter  one  hun- 
dred and  four  of  the  Revised  Laws  and  of  all  laws  in  amend- 
ment thereof  and  in  addition  thereto,  establish  fire  limits 


912  Acts,  1911.  — Ciiai\  732.  — Paiit  II. 

within  the  city  and  from  time  to  time  change  or  enlarge 
the  same;  may  regulate  the  construction  of  buildings  erected 
within  said  fire  limits,  stipulating  their  location,  size  and 
material;  and  may  adopt  such  other  rules  and  regulations 
as  shall  tend  to  prevent  damage  by  fire. 

t^llition'^etc  Section  20.     During   the   month   of   January,   nineteen 

hundred  and  twelve,  the  board  of  aldermen  shall  elect  a 
city  clerk  for  the  term  of  three  years  beginning  with  the 
first  Monday  in  February  next  succeeding  such  election, 
and  until  the  election  and  qualification  of  his  successor. 
And  during  the  month  of  January  of  every  third  year  there- 
after, said  board  of  aldermen  shall  elect  a  city  clerk  for 
the  term  of  three  years  from  the  first  Monday  of  February 
next  succeeding  such  election  and  until  the  election  and  quali- 
fication of  his  successor.  The  city  clerk  shall  have  charge 
of  all  journals,  records,  papers  and  documents  of  the  city, 
sign  all  warrants  issued  by  the  board  of  aldermen,  and  do 
such  other  acts  in  his  said  capacity  as  the  board  of  aldermen 
may  require.  He  shall  be  the  clerk  of  the  board  of  alder- 
men, and  shall  keep  a  journal  of  its  votes  and  proceedings. 
He  shall  engross  the  ordinances  passed  by  the  board  in  a 
book  provided  for  that  purpose,  and  shall  add  proper  in- 
dexes. This  book  shall  be  deemed  a  public  record  of  the 
ordinances.  In  case  of  the  temporary  absence  of  the  city 
clerk,  the  board  of  aldermen  may  appoint  a  clerk  pro  tem- 
pore, who  shall  be  duly  qualified. 

cityaudifor.         Duriug  tlic   moutli   of  Januarv,   nineteen  hundred   and 

GiGCtiOIl    etc.  <•    ' 

twelve,  the  board  of  aldermen  shall  elect  a  city  auditor  for 
the  term  of  three  years  beginning  with  the  first  Monday 
in  February  next  succeeding  such  election,  and  until  the 
election  and  qualification  of  his  successor.  And  during 
the  month  of  January  of  every  third  year  thereafter,  said 
board  of  aldermen  sliall  elect  a  city  auditor  for  the  term 
of  three  years  from  the  first  Monday  of  February  next 
succeeding  such  election  and  until  the  election  and  quali- 
fication of  his  successor.  Any  vacancy  in  the  office  of  city 
auditor,  caused  by  death,  removal  or  resignation,  shall  be 
filled  by  election  by  the  board  of  aldermen. 
^«*;^*""3°f  Section  21.     During   the   month    of    January,    nineteen 

dt-Ltiou,  etc.  hundred  and  twelve,*  the  board  of  aldermen  shall  elect  three 
persons,  each  of  whom  shall  be  legal  voters,  to  be  assessors 
of  taxes  for  the  respective  terms  of  one,  two  and  three  years 
from  the  first  IMonday  in  February,  next  following  said 
election  and  until  the  election  and  qualification   of  their 


Acts,  1911.— Chap.  732.  — Takt  II.  913 

several  successors,  and  during  the  month  of  January  of  each 
succeeding  year  thereafter,  the  board  of  aldermen  shall 
elect  one  person  to  be  assessor  of  taxes  for  the  term  of  three 
years  from  the  first  Monday  in  February  next  following 
such  election  and  until  the  election  and  qualification  of  his 
successor.  Any  vacancy  occurring  in  the  office  of  assessors 
of  taxes  may  be  filled  by  election  by  the  board  of  aldermen. 
The  assessors  shall  annually  elect  one  person  from  each 
ward  to  be  an  assistant  assessor  for  the  ensuing  year,  and  may 
fill  any  vacancy  occurring  in  the  office  of  assistant  assessor. 
They  shall  furnish  the  assessors  with  all  necessary  infor- 
mation relative  to  persons  and  property  taxable  in  their 
respective  wards. 
Section  22.     The   mayor  shall   appoint,   and,   for  such  superin- 

,  ,  in    .        .  ff  ^  '  tendentof 

cause  as  he  may  deem  suincient,  may  remove  a  superintend-  poor,  etc 
ent  of  poor,  who  shall,  under  the  supervision  of  the  mayor 
and  subject  to  his  control,  have  and  exercise  the  powers 
and  be  subject  to  the  responsibilities  conferred  and  imposed 
upon  overseers  of  the  poor  in  towns  by  the  general  laws  of 
the  commonwealth. 

Section  23.  The  mayor  shall  appoint,  and,  for  such  Board  of  health, 
cause  as  he  may  deem  sufficient,  may  remove,  three  persons, 
at  least  one  of  whom  shall  be  a  physician,  to  constitute  a 
board  of  health.  The  terms  of  office  of  said  members,  shall 
be  tliree  years  from  the  first  Monday. in  January  of  the 
year  of  their  respective  appointments.  The  first  appoint- 
ment of  said  members  under  this  act  shall  be  for  the  terms 
of  one  year,  two  years,  and  three  years  respectively,  and 
thereafter  for  tlu*ee  years  as  their  term  of  office  expires. 

Section  24.     The   mayor   shall   appoint,    and   for   such  collector  of 
cause  as  he  may  deem  sufficient  and  shall  assign  in  wTiting,  ap'l^^iiftment. 
may  remove  a  collector  of  taxes,  a  commissioner  of  public  *"^''- 
works,  a  city  solicitor,  a  city  physician,  a  city  treasurer, 
and  a  city  engineer.     The  term  of  office  of  each  of  these 
officers  shall  be  one  year  from  the  first  Monday  in  January 
in  the  year  of  his  appointment. 

Section  25.     The    commissioner   of   public   works    shall  commissioner 

.  1  .  1  PI'*'    public 

have  the  dn-ection,  care  and  superintendence,  of  the  city  ^orks, 
buildings  and  public  grounds,  except  the  schoolhouses  and  duties  of. 
school  grounds  which  shall  be  under  the  control  of  the  school 
committee,  of  the  construction,  alteration  and  repair  of 
the  highways,  streets,  sidewalks,  common  sewers,  main 
drains  and  bridges  of  the  city;  the  care,  superintendence 
and  control  of  street  lights;    the  direction  and  control  of 


etc. 


9U 


Acts,  1911.  — Chap.  732.— Part  II. 


Authority 
of  the  com-' 
missioncr 
relative  to 
sidewalks,  etc. 


Assessments 
to  constitute 
a  lien  o;i 
real  estate, 
etc. 


the  extensions,  improvements  and  maintenance  of  the  water 
works  and  their  appurtenances;  the  supervision  of  the 
collection  of  water  rates  and  the  determination  of  the  same, 
under  such  schedule  of  rates  and  regulations  as  the  hoard 
of  aldermen  may  from  time  to  time  by  ordinance  adopt; 
he  shall  have  all  the  authority  given  by  general  law  to 
selectmen  of  towns  relating  to  shade  and  ornamental  trees 
in  public  streets  and  ways.  He  shall  in  general,  except 
as  otherwise  herein  provided,  have  exclusively  the  powers 
and  be  subject  to  the  duties,  liabilities  and  penalties  which 
are  or  may  by  law  be  given  to  or  imposed  upon  road  com- 
missioners of  towns.  He  shall  perform  such  other  duties, 
not  inconsistent  with  his  office  as  the  board  of  aldermen 
may  direct. 

Section  26.  Said  commissioner  shall  have  authority  to 
determine  the  width  and  material,  including  the  curbstone, 
of  all  sidewalks  on  the  public  streets  and  ways  of  the  city, 
having  due  reference  to  the  established  grades  of  said  streets 
and  ways;  and  to  construct,  reconstruct  and  repair  such 
sidewalks,  in  accordance  wdth  such  determination.  Upon 
the  completion  of  any  sidewalk,  or  upon  the  completion 
of  the  reconstruction  or  repair  of  any  sidewalk,  he  shall 
ascertain,  determine  and  certify  the  whole  expense  of  such 
making,  reconstruction  or  repair,  and  shall  cause  a  record 
thereof  to  be  made  and  deposited  with  the  city  clerk,  and 
shall  assess  the  benefit  thereby  occasioned,  but  not  in  ex- 
cess of  one  half  of  the  cost  of  the  same,  upon  all  lands  es- 
pecially benefited  by  such  making,  reconstruction  or  repair, 
whether  such  lands  abut  upon  such  sidewalks  or  not. 

Section  27.  All  such  assessments  shall  constitute  a  lien 
on  the  real  estate  assessed,  for  two  years  from  the  time 
of  the  assessment,  and  for  one  year  after  the  final  determina- 
tion of  any  suit  or  proceeding  in  which  the  amount  or  va- 
lidity of  such  assessment  shall  be  drawn  in  question.  Every 
such  assessment  shall  be  recorded,  and  a  list  thereof  shall 
be  committed  by  the  commissioner  for  collection  to  the 
collector  of  taxes.  Said  collector  shall  forthwith  publish 
said  list  for  three  successive  weeks  in  some  newspa])er  pub- 
lished in  the  city,  and  shall,  on  or  before  the  day  of  the  last 
publication  thereof,  demand  payment  of  the  same  of  the 
owner  or  occupant  of  the  land  assessed,  if  known  to  him 
and  within  his  precinct.  If  any  such  assessment  shall  not 
be  ]):nd  within  three  months  from  the  last  publication  of 
said  list,  the  collector  of  taxes  shall  lew  the  same,  with 


Acts,  1911.  — Chap.  732.  — Paiit  II.  915 

incidental  costs  and  expenses,  by  sale  of  the  land,  such 
sale  to  be  conducted  in  the  same  manner  as  sales  of  land  for 
non-payment  of  taxes;  and  in  making  such  sale  the  collector, 
and  said  city  and  its  officers,  shall  have  the  powers  con- 
ferred by  the  general  laws  of  the  commonwealth  upon 
collectors  of  taxes,  and  upon  cities  and  towns  and  their 
officers,  relating  to  sales  of  land  for  the  non-payment  of  taxes. 

Section  28.     Every  assessment  made  by  the  board  of  invalid 
aldermen  which  is  invalid  by  reason  of  any  error  or  irregu-  may  be  re- 

QSSGSSCCl    etc 

larity  in  the  assessment,  and  which  has  not  been  paid,  or 
which  has  been  recovered  back,  or  which  has  been  enforced 
by  an  invalid  sale,  may  be  reassessed  by  the  board  of  alder- 
men for  the  time  being,  to  the  just  amount  for  which  and 
upon  the  estate  upon  which  such  assessment  ought  at  first 
to  have  been  assessed;  and  the  assessment  thus  reassessed 
shall  be  payable,  and  shall  be  collected  and  enforced,  in 
the  same  manner  as  other  assessments. 

Section  29.    The    commissioner    may,    subject    to    the  construction 
approval  of  the  mayor  and  board  of  aldermen,  lay,  make,  nanc"ormain 
construct,  reconstruct  and  maintain  drains  for  the  disposal  drams,  etc. 
of  surface  or  ground  water  accumulating  in   the   streets, 
and  may  lay  such  drains  through  any  street  or  private  lands; 
and  the  city  shall  pay  the  owners  of  such  lands  such  dam- 
ages as  they  may  sustain  by  the  laying  or  relaying  of  said 
drains;    and  any  person  or  corporation  sustaining  damages 
as  aforesaid,  who  fails  to  agree  with  the  board  of  aldermen 
as  to  the  amount  of  damages   sustained,   may  have  the 
damages  assessed,  and  determined  in  the  manner  provided 
by  law  when  land  is  taken  for  the  laying  out  of  highways. 

Section  30.     The   commissioner   of  pubHc  works   shall,  Powers  of  the 

,  .         ,  .  •  1     1      1  j_i  1    commissi"""- 

except  as  otherwise  nerem  provided,  nave  tne  powers  and  of  public 
be  subject  to  the  duties  hitherto  vested  in  and  imposed  upon 
the  board  of  public  works  of  the  city. 

Section  31.  The  city  engineer  shall  give  his  entire  time  Duties  of  city 
to  the  service  of  the  city,  and  shall,  under  the  supervision  engiueor,  etc. 
and  control  of  the  commissioner  of  public  works,  attend 
to  all  the  engineering  woxk  of  the  city.  He  shall,  at  the 
request  of  the  commissioner,  prepare  plans  and  estimates 
for  any  proposed  construction  of  or  alteration  in  sewers, 
drains,  streets,  sidewalks,  water  works  and  other  public 
works.  He  shall  assist  the  city  solicitor  in  defending  the 
city  against  claims,  actions,  and  other  proceedings,  and 
shall  perform  such  other  duties,  not  inconsistent  herewith, 
as  the  board  of  aldermen  may  from  time  to  time  prescribe. 


commissioner 
of  public 
works,  etc. 


916 


Acts,  1911.  — Chap.  732.— Pakt  II. 


School 
committee, 
election,  etc. 


Vacancies. 


Eligibility 
to  holil 
certain 
offices,  etc. 


Appn)|)ria- 
tions  for  a 
specific  pur- 
pose not  to  bo 
used  for  other 
purpose. 


Section  32.  The  school  committee  shall  consist  of  the 
mayor,  ex  officio,  who  shall  be  chairman  of  the  board,  and 
of  seven  other  persons,  inhabitants  of  the  city,  of  whom 
one  shall  be  elected  by  ballot  from  each  ward  by  the  quali- 
fied voters  in  said  ward,  and  shall  hold  office  for  the  term 
of  one  year  beginning  with  the  first  ]\Ionday  in  January 
next  succeeding  his  election.  Any  vacancy  occurring  in 
the  committee  may  be  filled  for  the  remainder  of  the  mu- 
nicipal year  by  ballot  of  the  board  of  aldermen  and  school 
connnittee  in  convention.  The  members  of  the  committee 
shall  serve  without  compensation.  The  committee  shall 
annually  elect  one  of  its  number  as  chairman,  to  serve  in 
the  absence  of  the  mayor.  The  committee  shall  annually 
appoint  a  secretary,  one  of  its  number,  who  shall  be  under 
its  direction  and  control,  and  shall  annually  appoint,  but 
not  of  its  own  number,  a  superintendent  of  schools.  The 
committee  shall  fix  the  salaries  of  such  secretary  and  super- 
intendent and  may  remove  them  for  such  cause  as  it  may 
deem  sufficient. 

Section  33.  No  person  shall  be  eligible  to  any  of  the 
offices  established  or  provided  for  by  this  act,  except  the 
superintendent  of  schools,  the  chief  of  police,  the  chief  of 
the  fire  department,  the  commissioner  of  public  works, 
and  the  city  engineer,  unless,  at  the  time  of  his  election 
or  appointment,  he  shall  have  been  a  resident  of  the  city 
for  at  least  two  years.  Every  officer  of  the  city,  except 
the  mayor,  shall  at  the  request  of  the  board  of  aldermen 
appear  before  said  board  and  give  such  information  as  may 
be  required  in  relation  to  the  affairs  of  his  office  or  depart- 
ment and  to  his  discharge  of  the  duties  thereof.  The  board 
of  aldermen  may,  after  hearing,  remove  any  officer  who  shall 
wilfully  fail  to  comply  with  such  request. 

Section  34.  No  sum  appropriated  for  a  specific  purpose 
shall  be  expended  for  any  other  purpose,  and  no  expenditure 
shall  be  made  and  no  liability  incurred  by  or  in  behalf  of 
the  city  until  the  board  of  aldermen  has  duly  voted  an  ap- 
propriation sufficient  to  meet  such  expenditure  or  liability, 
together  with  all  prior  liabilities  which  are  payable  there- 
from, except  that  after  the  expiration  of  the  financial  year 
and  l)cfore  the  making  of  the  regular  annual  apjiropriations, 
liabilities  payable  out  of  a  regular  ai)proin-iation  may  be 
incurred  to  an  amount  not  exceeding  one  fourth  of  the  total 
of  the  appropriation  made  for  similar  })uri)oses  in  the  ])re- 


cedin 


g  year. 


Any  officer  or  board  violating  the  provisions 


Acts,  1911.  — Chap.  732.  — Part  II.  917 

of  this  section  may  be  removed  therefor,  after  hearing,  by 
the  board  of  aldermen. 

Section  35.     Whenever  mechanical  or  other  work  is  to  proposaifor 
be  done,  or  supplies  are  required  for  the  city,  at  an  estimated  rdveruJcr. 
cost  amounting  to  five  hundred  dollars  or  more,  the  board  ^*''- 
or  officer  having  the  matter  in  charge  shall  invite  proposals 
therefor   by   advertisements    in    at    least   two    newspapers 
published  in  the  city,  such  advertisements  to  state  the  time 
and  place  for  opening  the  proposals,  and  to  reserve  the 
right  to  said  board  or  officer  to  reject  any  or  all  proposals. 
Every  proposal  shall  be  accompanied  by  a  suitable  bond, 
or  certificate  of  deposit,  for  its  faithful  performance.     Such 
proposals  shall  be  kept  by  the  officer  or  board  inviting  the 
same,  and  shall  be  open  to  public  inspection  after  the  pro- 
posals have  been  accepted  or  rejected. 

Section  36.  All  contracts  made  by  any  board  or  officer  contracts. 
of  the  city  shall,  when  the  amount  involved  is  five  hundred 
dollars  or  more,  be  in  writing.  No  such  contract  shall 
l)e  deemed  to  be  made  until  the  approval  of  the  mayor  is 
affixed  thereto.  All  such  contracts  shall  be  accompanied 
by  a  bond  with  sureties  satisfactory  to  the  officer  or  board 
having  the  matter  in  charge,  or  by  a  deposit  of  money  or 
other  security  for  the  faithful  performance  of  the  contract; 
and  such  bond  or  other  security  shall  be  deposited  with  the 
city  auditor  until  the  contract  has  been  performed.  No 
such  contract  shall  be  altered  except  by  a  written  agreement 
of  the  contractor,  the  sureties  on  his  bond,  and  the  officer 
or  board  making  the  contract,  with  the  approval  of  the  mayor 
affixed  thereto. 

Section  37.     All   general  laws  in  force  in  the   city  of  '^g°[^^.'?, 
Pittsfield,  and  all  special  laws  heretofore  passed  with  ref-  to  continue 
erence  to  the  city  and  to  the  town  of  Pittsfield  and  in  force 
in  the  city  at  the  time  of  the  passage  of  this  act  shall,  until 
altered,  amended  or  repealed,  continue  in  force  in  the  city 
of  Pittsfield,  so  far  as  the  same  are  not  inconsistent  herewith. 

Section  38.  All  special  laws  heretofore  passed  concern-  Fire  district, 
ing  the  fire  district  in  the  town  of  Pittsfield  and  in  force 
in  the  fire  district  in  the  town  of  Pittsfield  and  in  force  in 
said  city  at  the  time  of  the  passage  of  this  act  shall,  so  far 
as  the  same  are  not  inconsistent  herewith,  be  and  continue 
in  force  in  the  city  of  Pittsfield  until  altered,  amended  or 
repealed. 

Section  39.     The   property   formerly   belonging   to   the  Property  of 
fire  district  in  the  town  of  Pittsfield,  heretofore  vested  in  district  to  be 


918 


Acts,  1911.  — Chap.  732.  — Part  TIL 


the  property 
of  the  city. 


Proviso. 


Proviaiong 
of  act  oon- 
8trued,etc. 


Proviso. 


Time  of 
taking  effect. 


City  of 
Pittafield. 


the  city,  shall  continue  to  be  the  property  of  the  city  of 
Pittsfield,  and  the  city  shall  continue  to  assume  and  dis- 
charge the  former  powers,  privileges  and  duties  of  said  fire 
district,  and  shall  continue  liable  for  its  existing  debts  and 
legal  contracts:  fromded,  that  the  said  fire  district  shall, 
as  to  its  creditors,  continue  liable  to  pay  all  its  existing 
debts  and  to  perform  all  its  legal  contracts. 

Section  40.  The  provisions  of  this  act  so  far  as  they 
are  the  same  as  those  of  chapter  three  hundred  and  two 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-five 
shall  be  construed  as  a  continuance  of  the  pro\'isions  of 
said  chapter,  and  the  provisions  of  said  chapter  not  con- 
tained herein,  and  all  acts  and  parts  of  acts  inconsistent 
herewith,  are  hereby  repealed:  yrmidcd,  that  such  repeal 
shall  not  revive  any  act  heretofore  repealed,  nor  shall  such 
repeal  affect  any  act  done,  liability  incurred,  or  any  right 
accruing  or  accrued,  or  any  penalty  or  forfeiture  incurred, 
or  any  suit,  proceeding  or  prosecution  pending  at  the  time 
said  repeal  takes  effect.  All  persons  holding  office  in  the 
city  shall  notwithstanding  the  passage  of  this  act,  continue 
to  hold  office,  unless  sooner  resignitig  or  removed,  until  the 
beginning  of  the  municipal  year  next  following  the  accept- 
ance of  this  act,  except  as  otherwise  provided  in  this  act, 
or  except  as  may  be  inconsistent  herewith. 

Section  41.  Part  II  of  this  act  shall  not  take  efTect 
until  accepted  by  the  voters  of  the  city  as  herein  provided, 
and  if  so  accepted,  it  shall  take  effect  for  the  nexi;  ensuing 
annual  city  election  which  shall  be  held  on  the  third  Tuesday 
of  December  in  the  year  nineteen  hundred  and  eleven. 
Thereafter  the  said  annual  election  shall  be  held  on  the 
second  Tuesday  in  December.  For  all  other  purposes  Pail 
II  of  this  act  if  accepted  shall  take  effect  at  ten  o'clock  in 
the  forenoon  on  the  first  INIonday  of  January,  nineteen 
hundred  and  twelve. 

Part  III. 

Section  1.  The  inhabitants  of  the  city  of  Pittsfield  shall 
contimie  to  be  a  body  politic  and  corjiorate,  inidcr  the  name 
of  the  City  of  Pittsfield,  and  as  such  shall  have,  exercise  and 
enjoy  all  the  rights,  immunities,  powers  and  prixileges,  and 
shall  be  subject  to  all  the  duties  and  obligations  now  pertain- 
ing to  and  incumbent  ui)on  the  city  as  a  municipal  cori)ora- 
tion,  except  so  far  as  the  same  may  be  modified  by  the 
provisions  of  this  act. 


Acts,  1911.  — Chap.  732.  — Paiit  III.  919 

Section  2.    The   administration   of  all   the  fiscal,   pru-  Administra- 
dential  and  municipal  affairs  of  the  city,  with  the  govern-  citygov- 
ment  thereof,  shall  be  vested  in  a  council  to  consist  of  the  '"^'""°"''- 
mayor  and  four  councilmen.     The  general  management  and 
control  of  the  public  schools  of  the  city  shall  be  vested  in 
a  school  committee  to  consist  of  the  mayor,  ex  officio,  and 
four  school  committeemen. 

Section  3.     The  territory  of  the  city  shall  continue  to  Number  of 
be  divided  into  seven  wards,  which  shall  retain  their  present  ^^"^^  ^' 
boundaries  until  the  same  shall  be  changed  under  the  general 
law  relating  thereto. 

Section  4.     The  municipal  year  shall  begin  at  ten  o'clock  Municipal 
in  the  forenoon  on  the  first  Monday  in  January  and  continue 
until  ten  o'clock  in  the  forenoon  on  the  first  Monday  in 
January  next  following. 

Section  5.  At  ten  o'clock  in  the  forenoon  on  the  first  ^J^frnmmt 
Monday  in  January  in  the  year  nineteen  hundred  and  twelve,  abolished,  etc. 
the  city  council,  board  of  mayor  and  aldermen,  board  of 
aldermen,  common  council,  board  of  public  works,  board  of 
overseers  of  the  poor,  and  board  of  health  of  the  city  shall 
be  abolished.  The  terms  of  office  which  the  present  mayor, 
aldermen,  common  councilmen,  members  of  the  school  com- 
mittee, members  of  the  board  of  public  works,  members  of 
the  board  of  health,  members  of  the  board  of  overseers  of 
the  poor,  assessors  and  assistant  assessors,  are  now  serving 
shall  terminate;  and  except  as  otherwise  provided  in  this 
act,  all  the  present  powers  and  duties  of  all  or  any,  the 
mayor,  mayor  and  aldermen,  aldermen,  board  of  aldermen, 
city  council,  common  council,  common  councilmen,  board  of 
public  works,  overseers  of  the  poor,  and  board  of  health  of 
the  city,  under  any  general  or  special  acts,  shall  devolve  upon 
and  shall  thereafter  be  exercised  and  performed  by  the  council. 

Section  6.     In  the  year   nineteen  hundred  and  eleven  Election  of 
and  in  every  second  year  thereafter,  there  shall  be  elected  counciimen, 
at  the  annual  city  election,   the  mayor,   two   councilmen  ^^''' 
and  two  members  of  the  school  committee  for  the  term  of 
two  municipal  years  next  following.     There  shall  also  be 
elected  at  the  annual  city  election  in  the  year  nineteen  hun- 
dred and  eleven,  two  councilmen  and  two  members  of  the 
school  committee  for  the  term  of  the  municipal  year  next 
following.     In  the  year  nineteen  hundred  and  twelve  and 
in  every  second  year  thereafter,  there  shall  be  elected  at 
the  annual  city  election  two  councilmen  and  two  members 
of  the  school  committee  each  for  the  term  of  two  municipal 


920 


Acts,  1911. 


Chap.  732.  — Part  III. 


Council  to 
ho  the  judKO 
of  election 
of  members. 

Organization 
of  city 
Roverument, 
etc. 


Time  and 
pl.ace  of 
iiiivtinga,  etc. 


Orflinancps, 
rosoUitioiis, 
etc. 


Momlters  of 
tl>o  council 
not  eligililc 


years  next  following.  These  officers  shall  be  elected  by  and 
from  the  qualified  voters  of  the  cit}^  and  may  be  residents 
of  any  part  thereof. 

Section  7.  The  council  shall  be  the  judge  of  the  elec- 
tion of  its  own  members  and,  except  as  herein  specified, 
shall  determine  its  own  rules  of  procedure. 

Section  8.  The  mayor  and  councilmen  shall  meet  at 
ten  o'clock  in  the  forenoon  on  the  first  Monday  in  January 
in  each  year.  Those  of  them  whose  term  of  office  then 
Ijegins  shall  severally  take  oath  before  the  city  clerk  or  a 
justice  of  the  peace  to  perform  faithfully  the  duties  of  their 
respective  offices.  The  council  shall  then  be  organized  by 
the  choice  of  a  president,  who  shall  be  a  member  thereof, 
other  than  the  mayor,  and  shall  hold  his  office,  during  the 
pleasure  of  the  council.  The  organization  shall  take  place 
notwithstanding  the  absence,  death,  refusal  to  serve  or  non- 
election  of  the  mayor  or  of  one  or  more  of  the  four  council- 
men,  provided  that  at  least  three  of  the  persons  entitled 
to  be  members  of  the  council  are  present  and  take  the  oath 
as  aforesaid.  Any  person  entitled  to  take  the  oath,  who 
is  not  present  at  the  time  of  organization,  may  take  the 
same  at  any  time  thereafter. 

Section  9.  The  council  shall  prescribe  the  time  and 
place  of  its  meetings.  Regular  meetings  of  the  council 
shall  be  held  at  least  twice  every  month.  The  city  clerk 
shall  be,  ex  officio,  clerk  of  the  council.  The  city  clerk  and 
the  mayor  shall  sign  and  attest  all  ordinances  and  resolu- 
tions. A  majority  of  the  members  shall  constitute  a  quorum 
to  do  business  except  that  the  affirmatiNe  votes  of  at  least 
three  members  shall  be  necessary  for  the  passage  of  any 
order,  ordinance,  resolution  or  vote.  Less  than  a  quorum 
may  adjourn.  IMeetings  of  the  council  shall  be  public. 
The  mayor,  if  present,  shall  preside  and  shall  have  the  right 
to  vote.  In  the  absence  of  the  mayor,  the  president  of  the 
council  shall  preside  and  in  the  absence  of  both,  a  chairman 
pro  tempore  shall  be  chosen.  The  council  shall  keep  a  record 
of  its  proceedings,  which  shall  be  a  public  record. 

Section  10.  The  .yeas  and  nays  shall  be  taken  upon 
the  passage  of  all  orders,  ordinances  and  resolutions  and 
shall  be  entered  upon  the  records,  l^pon  the  request  of 
any  member,  the  yeas  and  nays  shall  be  taken  and  recorded 
upon  any  motion. 

Section  11.  No  member  of  the  council  shall  be  elected 
or  appointed   to  any   ofiice,   position  or  emi)loyment,   the 


Acts,  1911.  — Chap.  732.  — Part  III.  921 

compensation  of  which  was  increased  or  fixed  by  the  council  f^^cT^^^  °^^^' 
while  he  was  a  member  thereof  until  after  the  expiration 
of  one  year  from  the  date  when  he  ceased  to  be  such  a  mem- 
ber. No  member  of  the  council,  during  the  term  for  which 
he  was  chosen,  shall  be  eUgible,  either  by  appointment  or 
by  election  of  the  council,  to  any  other  office,  the  salary  of 
which  is  payable  by  the  city,  or  shall,  during  such  term, 
hold  any  such  other  office. 

Section  12.  The  mayor,  the  president  of  tlie  council,  ^'^^{"^^ 
or  any  two  members  thereof,  may  at  any  time  call  a  special 
meeting  by  causing  a  written  notice,  stating  the  time  of 
holding  such  meeting  and  signed  by  the  person  or  persons 
calling  the  same,  to  be  delivered  in  hand  to  each  member, 
or  left  at  his  usual  dwelling  place  at  least  ten  hours  before 
the  time  of  such  meeting.  Meetings  of  the  council  may 
also  be  held  at  any  time  when  all  the  members  are  present 
and  in  writing  consent  thereto. 

Section  13.     Such  powers  of  nomination,  appointment.  Nomination, 

n  ,-  1        1       A*  J?  ]     J.  £e  £  1    appointment 

coniirmation  and  election  tor  and  to  orhce,  oi  appro^'al  or  election  to 
and  consent  to  nominations  and  appointments,  of  removal  °  "'**'  ^  '^' 
or  suspension  from  office  and  consent  to  removal  or  suspen- 
sion from  office  as  are  now  vested  in  all  or  any,  the  mayor, 
mayor  and  aldermen,  city  council,  board  of  aldermen  and 
common  council  shall  be  exercised  by  the  council  by  vote, 
and  the  mayor  shall  no  longer  have  power  to  make  nomina- 
tions or  appointments  for  or  to  office,  or  removals  or  sus- 
pensions therefrom,  but  shall  have  the  same  right  to  vote 
thereon  as  any  other  member  of  the  council. 

Section  14.     The  salary  of  the  mayor  shall  be  twenty-  Salaries. 
five  hundred  dollars  per  annum  and  the  salary  of  each  coun- 
cilman eighteen  hundred  dollars  per  annum.     The  salaries 
shall  be  paj^able  in  equal  monthly  installments. 

Section  15.  The  council  shall  at  its  first  meeting  or  as  Election  of 
soon  as  practicable  thereafter,  elect  by  majority  vote  the  officers.'''*^ 
following  officers:  —  A  city  clerk,  solicitor,  city  treasurer 
and  collector,  auditor,  chief  of  police,  chief  of  fire  department, 
city  physician,  three  assessors,  seven  assistant  assessors, 
superintendent  of  poor,  health  commissioner,  city  engineer, 
and  such  other  officers  and  assistants  as  shall  be  provided 
for  by  ordinance  and  necessary  to  the  proper  and  efficient 
conduct  of  the  aft'airs  of  the  city.  These  officers  shall 
perform  such  duties  as  are  imposed  by  law  and  by  ordinance 
not  inconsistent  therewith.  These  officers  shall  be  sworn 
to  the  faithful  performance  of  their  duties  and  shall  hold 


922 


Acts,  1911.  —  Chap. 


rroQ 


Paiit  III. 


Removal  from 
office. 


Ordinances  to 
he  published, 
etc. 


Amendment 
or  repeal  of 
ordinance  to 
be  published. 

Proviso. 


Ordinances 
not  to  require 
approval,  etc. 


Certain 
ordinances 
to  be  proposed 
in  writing, 
etc. 


Powers  of  the 
council. 


their  respective  offices  for  the  balance  of  the  municipal 
year  and  until  their  successors  are  duly  elected  and  qualified. 
The  council  shall,  by  ordinance,  fix  the  compensation  of  all 
officers  and  employees  of  the  city. 

Section  1G.  Any  officer  or  assistant  elected  or  appointed 
by  the  council  may  be  removed  from  office  at  any  time  by 
vote  of  a  majority  of  the  members  of  the  council,  except  as 
otherwise  provided. 

Sfx'Tion  17.  Every  proposed  ordinance  shall  be  published 
once  in  full  in  at  least  two  newspapers  of  the  city  at  least 
ten  days  before  its  final  passage.  After  such  final  passage 
it  shall  be  again  published  once  in  at  least  two  newspapers 
as  amended  and  completed,  except  in  case  of  an  emergency 
ordinance,  which  may  be  passed  as  hereinafter  provided 
and  which  shall  take  effect  upon  passage  and  be  so  published 
at  the  earliest  possible  moment. 

When  the  council  shall  make  or  pass,  amend  or  repeal, 
an  ordinance,  such  ordinance,  amendment  or  repeal,  except 
as  otherwise  provided  in  this  act,  shall  take  eft'ect  at  the 
expiration  of  ten  days  from  its  passage:  provided,  however, 
that,  if  there  is  a  time  therein  specified  when  it  shall  take 
effect,  and  such  time  is  more  than  ten  days  after  its  passage, 
such  ordinance,  amendment  or  repeal  shall,  except  as  otherwise 
provided  in  this  act,  take  efl'ect  at  the  time  so  specified  therein. 

No  ordinance  or  section  thereof  shall  be  amended  or  re- 
pealed except  by  an  ordinance  regularly  adopted. 

Section  18.  No  ordinance  made  or  passed  by  the  coun- 
cil, or  by  the  voters,  as  provided  in  this  act,  shall  require 
the  approval  of  any  court  or  of  the  attorney-general,  or, 
except  as  herein  otherwise  provided,  shall  be  required  to  be 
published  in  order  to  become  effective. 

Section  19.  The  council  shall  not  make  or  pass  any 
ordinance,  order,  resolution  or  vote,  appropriating  money 
in  excess  of  three  hundred  dollars  or  making  or  authorizing 
the  making  of  any  contract  iuA'olving  a  liability  on  the  part 
of  the  city  in  excess  of  three  hundred  dollars  unless  the 
same  is  proposed  in  writing  and  remains  on  file  and  is  bul- 
letined in  the  office  of  the  city  clerk  at  least  one  week  before 
its  passage,  except  an  ordinance,  order,  resolution  or  \ote 
for  the  immediate  i)reservation  of  the  public  peace,  health 
or  safety  which  contains  a  statement  of  its  urgency  and  is 
made  or  passed  by  a  four  fifths  vote. 

Section  20.  Except  as  otherwise  pro\'ided  in  this  act, 
tlie  ('(uincil  shall  have  power  to  do,  without  the  ap])rov;d 
of  the  mayor,  all  things  wliich  all  or  any,  tlie  city  couneil, 


Acts,  1911.  — Ciiap.  732.  — Part  III.  923 

board  of  aldermen  or  common  council  can  now  do  with  such 
approval. 

Section  21.     All  notes,   bonds  or  scrip  which  the  city  Notes,  iion.ia, 
is  authorized  to  issue,  shall  be  signed  by  the  treasurer  and  '"^''' 
countersigned  by  a  majority  of  the  council. 

Section  22.    The  mayor  shall  have  no  power  of  veto,  The  mayor 
and  no  order,  ordinance,  resolution  or  vote  which  the  council  the  power  of 
or  the  voters  shall  make  or  pass  shall  be  presented  to  him  '''^^' 
for,  or  shall  require,  his  approval  in  order  to  be  effective. 

Section  23.  The  council  shall  each  month  print  in  pam-  statement  of 
phlet  form  a  detailed  itemized  statement  of  all  receipts  exp^en^a?"'* 
and  expenses  of  the  city  during  the  preceding  month  and  shall 
furnish  copies  thereof  to  the  Berkshire  Athenaeum,  to  the 
daily  newspapers  published  in  the  city,  and  to  persons  who 
shall  apply  therefor  at  the  office  of  the  city  clerk.  At  the 
end  of  each  municipal  year,  the  council  shall  cause  a  full 
and  complete  examination  of  all  books  and  accounts  of  the 
city  to  be  made  by  competent  accountants,  and  shall  pub- 
lish the  result  of  such  examination  in  the  manner  above 
provided  for  publication  of  statements  of  monthly  receipts 
and  expenses. 

Section  24.     Upon  the  death,  resignation  or  absence  of  Jf\®ii^''coun'|[ 
the  mayor,  or  upon  his  inability  to  perform  the  duties  of  to  perform 
his  office,  the  president  of  the  council  shall  perform  them,  upon  the 
and  if  he  also  is  absent,  or  unable  from  any  cause  to  perform  theinayo°r.'° 
such  duties,  they  shall  be  performed  by  such  member  of 
the  council  as  it  may  from  time  to  time  elect,  until  the  mayor 
or  president  of  the  council  is  able  to  attend  to  said  duties, 
or  until  the  vacancy  is  filled  as  hereinafter  provided.     The 
person  upon  whom  such  duties  devolve  shall  be  called  "act- 
ing mayor",  and,  except  as  otherwise  provided  in  this  act, 
shall  possess  the  powers  of  mayor  but  only  in  matters  not 
admitting  of  dela.y. 

Section  25.  If  there  is  a  vacancy,  by  failure  to  elect  vacanciesin 
or  otherwise,  in  the  council,  v^^hether  as  to  the  mayor  or  etc 
one  or  more  councilmen,  the  council  shall,  by  its  remaining 
members,  call  a  special  city  election  to  fill  the  vacancy  or 
vacancies  for  the  unexpired  term  or  terms  respectively, 
except  that  if  such  vacancy  or  vacancies  occur  less  than  four 
months  prior  to  the  annual  city  election,  the  council  shall, 
by  its  remaining  members,  fill  such  vacancy  or  vacancies 
for  the  unexpired  term  or  terms  respectively.  A  person 
elected  to  fill  any  such  vacancy  shall,  before  entering  upon 
the  duties  of  his  office,  take  oath  before  the  city  clerk  or  a 
justice  of  the  peace  faithfully  to  perform  the  same. 


924 


Acts,  1011.  — Chap.  732.  — Part  III. 


School 

coinaiittee, 

etc. 


School  com- 
mit toe  to 
iipprove  site 
for  new  school 
building. 

Plans,  etc. 


Vacancy  in 

Bchool 

conmiittec. 


Section  26.  The  school  committee  of  the  city  shall 
consist  of  the  mayor,  ex  officio,  and  the  four  members  of 
the  school  committee  elected  in  accordance  with  the  provi- 
sions of  this  act.  It  shall  vote  by  yea  and  nay,  on  request 
of  any  member,  and  its  votes  shall  be  entered  on  its  records. 
Three  of  its  members  shall  constitute  a  quorum.  The 
mayor,  when  present,  shall  preside. 

Section  27.  No  site  for  a  school  building  shall  be  ac- 
quired by  the  city  unless  the  approval  of  such  site  by  the 
school  committee  is  first  obtained. 

No  plans  for  the  construction  of  or  alterations  in  a  school 
building  shall  be  accepted,  and  no  work  shall  be  begun  on 
the  construction  or  alteration  of  a  school  building,  unless 
the  approval  of  the  school  committee  therefor  is  first  ob- 
tained. Nothing  herein  contained  shall  require  such  ap- 
proval for  the  making  of  ordinary  repairs. 

Section  28.  If  there  is  a  vacancy  in  the  school  committee, 
by  failure  to  elect  or  otherwise,  the  council  and  the  remain- 
ing members  of  the  school  committee  shall  meet  in  joint 
convention  and  elect  a  suitable  person  to  fill  such  vacancy 
for  the  unexpired  term.  The  mayor,  if  present,  shall  pre- 
side at  such  convention. 


Elections. 


Nominations, 
etc. 


Nnme  of 
caiKliiliite  to 
l«e  printed 
on  liallot. 


Applicants  for 
iioiniiiutioii 
to  file 
Htutuinont. 


elections. 

Section  29.  The  annual  city  election  shall  be  held  on  the 
second  Tuesday  in  December.  Every  special  city  election 
shall  be  held  on  a  Tuesday.  A  preliminary  election  shall 
be  held  on  the  third  Tuesday  preceding  every  annual  elec- 
tion, and  on  the  third  Tuesday  preceding  every  special  city 
election  at  which  an  officer  is  to  be  elected. 

Section  30.  The  mode  of  nomination  and  election  of 
all  elective  officers  of  the  city  to  be  voted  for  at  any  mu- 
nicipal election  shall  be  as  follows  and  not  otherwise.  Nom- 
inations of  candidates  to  be  voted  for  at  elections  shall  be 
made  at  a  preliminary  election.  No  special  election  for 
the  election  of  a  mayor  or  councilman  shall  be  held  until 
after  the  expiration  of  forty  days  from  the  calling  of  the 
preliminary  election. 

Section  31.  The  name  of  a  candidate  shall  be  printed 
upon  the  ballot  at  a  preliminary  election,  when  his  state- 
ment and  petition  of  nomination  shall  be  filed  in  the  manner 
and  form  and  under  the  conditions  hereinafter  set  forth. 

Section  32.  Any  person  qualified  to  vote  for  a  candi- 
date for  mayor,  councilman,  or  member  of  the  school  com- 


Acts,  1911.  — CuAr.  732.  — Part  III.  925 

mittee,  may,  at  least  ten  days  prior  to  the  preliminary  elec- 
tion, file  wdth  the  city  clerk  a  statement  in  writing  of  his 
candidacy  for  the  nomination  to  the  office  in  substantially 
the  following  form:  — 

STATEMENT   OF   CANDIDATE. 

I,  ,  on  oath  declare  that  I  reside  at  F"rmof 

(number,  if  any)  on  (name  of  street)  in  the  city  of  Pitts- 
field  ;  that  I  am  a  voter  therein,  qualified  to  vote  for  a  can- 
didate for  the  office  hereinafter  mentioned;  that  I  am  a 
candidate  for  nomination  for  the  office  of  (mayor,  council- 
man, or  member  of  the  school  committee)  for  (state  the 
term)  to  be  voted  for  at  the  preliminary  election  to  be  held 
on   Tuesday,   the  day   of  ,    19     .     I 

request  that  my  name  be  printed  as  such  candidate  on  the 
official  ballots  to  be  used  at  the  preliminary  election. 

(Signed) 

COMMONWEALTH  OF  MASSACHUSETTS. 

Berkshire,  ss. 
Subscribed  and  sworn  to  on  this  day  of 

19     ,  before  me, 
(Signed) 
Justice  of  the  Peace  (or  Notary  Public). 
The  candidate  shall  at  the  same  time  file  therewith  a 
petition  signed  by  at  least  twenty-five  voters  of  the  city 
cpialified  to  vote  for  a  candidate  for  such  office,  which  shall 
be  in  substantially  the  following  form :  — 

PETITION  ACCOMPANYING   STATEMENT  OF  CANDIDATE. 

Whereas  (name  of  candidate)  is  a  candidate  for  nomina-  Form  of 
tion  for  the  office  of  (mayor,  councilman,  or  member  of  the  p®'^'*"'"- 
school  committee)  for  (state  the  term)  we,  the  undersigned, 
voters  of  the  city  of  Pittsfield,  duly  qualified  to  vote  for  a 
candidate  for  said  office,  do  hereby  request  that  the  name 
of  said  (name  of  candidate)  as  a  candidate  for  nomination 
for  said  office,  be  printed  on  the  official  ballots  to  be  used 
at  the  preliminary  election  to  be  held  on  the  Tues- 

dav  of  ,  19     . 


Names  of  Voters. 


street  number, 
if  any. 


Street. 


920 


Acts,  1911.  — Chap.  732.  — Pakt  HI. 


Acceptance  not 
necessary. 


Women  may 
be  candidates 
for  school 
committee. 


Pulilication 
of  names  of 
candidates, 
etc. 


No  acceptance  by  a  candidate  for  nomination  named  in 
such  petition  shall  be  necessary  for  its  vaUdity  and  the 
petition  need  not  be  sworn  to. 

Section  33.  Women  who  are  quahfied  to  vote  for  mem- 
bers of  the  school  committee  may  be  candidates  for  nomi- 
nation to  that  office  at  any  preliminary  election  at  which 
candidates  for  nomination  for  that  office  are  to  be  voted 
for,  and,  at  such  preliminary  election,  may  vote  for,  and  only 
for,  candidates  for  nomination  for  that  office.  They  shall 
file  the  statement  of  candidate  hereinbefore  described,  and 
the  petition  accompanying  the  statement  of  the  candidate 
in  all  cases  where  the  same  is  herein  required  to  be  filed  by 
male  candidates  for  nomination  for  that  office. 

Section  34.  On  the  first  day,  not  being  Sunday  or  a 
legal  holiday,  following  the  expiration  of  the  time  for  the 
filing  of  the  statements  and  petitions  above  described,  the 
city  clerk  shall  cause  to  be  published  in  one  or  more  news- 
papers published  in  the  city,  the  names  and  residences 
of  the  candidates  for  nomination,  who  have  duly  filed  state- 
ments and  petitions,  and  the  office  and  terms  for  which  they 
are  candidates  for  nomination,  as  they  are  to  appear  on  the 
official  ballots  to  be  used  at  the  preliminary  election.  The 
city  clerk  shall  thereupon  prepare  and  cause  to  be  printed 
the  ballots  to  be  used  at  the  preliminary  election,  and  such 
ballots  shall  be  the  official  ballots  and  the  only  ballots  used 
at  the  preliminary  election.  They  shall  be  headed  as  fol- 
lows: — 


Omcial 

proliniinary 

ballot. 


OFFICIAL   PRELIMINARY  BALLOT. 

Candidates  for  nomination  for  mayor,  councilmen,  and 
school  committee  of  the  city  of  Pittsfield,  at  the  preliminary 
election  held  on  the  day  of  in  the 

year  19  .  (The  heading  shall  be  varied  in  accordance  with 
the  offices  for  which  nominations  are  to  be  inatle.) 

Section  35.  The  name  of  each  person  who  has  filed  a 
statement  and  accompanying  petition  as  aforesaid,  and  his 
residence  and  the  title  antl  term  of  the  office  for  which  he 
is  a  candidate  for  nomination,  shall  be  printed  on  the  bal- 
lots, and  the  names  of  no  other  candidates  shall  be  printed 
thereon. 

Special  ballots  headed: 


Acts,  1911.  — Chap.  732.  — Pakt  III.  927 


OFFICIAL   PRELIMINARY   BALLOT. 

Candidates  for   nomination   for   members   of  the   school  na^y'baHoffOT" 
committee  of  the  city  of  Pittsfield  at  the  prehminary  elec-  school  commit- 
tion  for  nominations  held  on  the  day  of  in 

the  year  19  ,  and  containing  the  names  and  residences 
of  the  same  candidates  for  nomination  for  member  of  the 
school  committee  as  are  on  the  regular  official  ballots,  and 
the  title  and  term  of  that  office,  shall  be  prepared  in  like 
manner  for  the  use  of  women  qualified  to  vote  for  members 
of  the  school  committee. 

Section  36.  •  No  party  or  political  designation  or  mark  No  party 
shall  be  added  to  the  name  of  any  candidate  or  otherwise  permitted. 
printed  upon  any  ballot  to  be  used  either  at  a  preliminary 
election  or  at  an  annual  or  special  city  election,  nor  shall 
there  be  anything  to  show  how  a  candidate  was  nominated 
or  indicating  his  views  or  opinions. 

Section  37.     Voters  qualified  to  vote  at  a  city  election  Qualification 
shall  be  qualified  to  vote  at  a  preliminary  election.  °  voters. 

Section  38.     On  the  first  day,  not  being  Sunday  or  a  Canvass  of 
legal  holiday,  follo-^dng  such  preliminary  election,  the  city  ''®*"'^''^' 
clerk  shall  canvass  the  returns  made  by  the  election  officers, 
and  shall  forthwith  determine  the  result  of  the  canvass, 
and  publish  the  same  in  one  or  more  newspapers  published 
in  the  city. 

Section  39.     The  two  persons  receiving  at  a  preliminary  Candidates 
election  the  highest  number  of  votes  for  nomination  for  an  Sia'iftppeaf 
office  shall  be  the  candidates,  and  except  as  herein  otherwise  ^^^  *^^^'°*" 
provided,  the  only  candidates  for  that  office  whose  names 
shall  be  printed  on  the  official  ballots  to  be  used  at  the 
election  for  the  making  of  the  nominations  for  which  the 
preliminary   election   was   held.     If   two   or   more   persons 
are  to  be  elected  to  the  same  office  at  an  election,  the  several 
persons,  to  a  number  equal  to  twice  the  number  so  to  be 
elected,  receiving  at  the  preliminary  election  the  highest 
number  of  votes  for  nomination  for  that  office  or  all  said 
persons,  if  less  than  twice  the  number  of  those  so  to  be 
elected,  shall  be  the  candidates,  and  the  only  candidates 
for  that  office  whose  names  shall  be  printed  on  the  ofiicial 
ballots  to  be  used  at  such  election. 

Section  40.     No  acceptance  of  a  nomination  made  at  Accept.inre 

...  1       ■•  1      11     1  £         xl.  rj'x       not  necessary. 

a  preliminary  election  shall  be  necessary  tor  the  validity 
of  such  nomination. 


928 


Acts,  1911.  — Chat.  732.  — Pakt  III. 


Pprwrna 

receiving  the 

higliest. 

nuniljerof 

votes  to  be 

deoincil 

elected. 


Blank  spaces 
on  ballots. 


Provisiona  of 
law  to  apply. 


Elections  not 
to  l)e 
invalidated. 


Provisions 
to  govern 
elections. 


Section  41.  At  city  elections  other  than  preliminary 
elections,  the  person  receiving  the  highest  number  of  votes 
for  an  office  shall  be  deemed  and  declared  elected  to  such 
office,  and  if  two  or  more  persons  are  to  be  elected  to  the 
same  office,  the  several  persons,  to  the  number  to  be  chosen 
to  such  office,  receiving  the  highest  number  of  votes  shall 
be  deemed  and  declared  to  be  elected;  but  persons  receiv- 
ing the  same  number  of  votes  shall  not  be  deemed  to  be 
elected,  if  thereby  a  greater  number  would  be  elected  than 
are  by  law  to  be  chosen. 

Section  42.  Spaces  shall  be  provided  on  the  ballot  for 
questions  which  may  be  submitted  to  the  voters. 

Section  43.  The  provisions  of  law  relating  to  election 
officers,  voting  places  for  elections,  election  apparatus  and 
blanks,  calling  and  conduct  of  elections,  manner  of  voting 
at  elections,  counting  and  recounting  of  votes  at  elections, 
corrupt  j)ractices  and  penalties  shall  apply  to  preliminary 
elections,  except  as  is  otherAvise  provided  in  this  act. 

Section  44.  No  informalities  in  the  conduct  of  mu- 
nicipal elections  shall  invalidate  the  same,  if  they  have 
been  fairly  conducted  and  in  substantial  conformity  with 
the  requirements  of  law. 

Section  45.  Except  as  otherAAise  provided  in  this  act, 
the  laws  of  the  commonwealth  governing  annual  city  elec- 
tions, special  elections  of  city  officers  and  special  elections 
in  cities,  shall,  so  far  as  they  may  be  applicable,  govern 
such  elections  in  the  city. 


Kecall  of 
elective  ofS- 
ccra. 


Proceedings 
in  ca.scs  of 
recall. 


RECALL  OF  ELECTIVE  OFFICERS. 

Section  46.  Any  holder  of  an  elective  office  whether 
elected  thereto  or  appointed  to  fill  a  vacancy  may  be  re- 
called and  removed  therefrom  by  the  qualified  voters  of 
the  city  as  herein  provided. 

Section  47.  Any  qualified  voter  of  the  city  may  make 
and  file  with  the  city  clerk  an  affidavit  containing  the  name 
of  the  officer  sought  to  be  removed,  and  a  statement  of  the 
grounds  upon  which  removal  is  sought.  The  clerk  shall 
thereupon  deliver  to  the  voter  making  such  affidavit  a 
sufficient  number  of  copies  of  petitions  for  such  recall  and 
removal,  printed  forms  of  which  shall  be  kept  in  his  office. 
Such  ]H>titions  shall  be  issued  by  the  clerk  with  his  signature 
and  t)tHcial  seal  thereto  attached;  they  shall  be  datetl  and 
addressed  to  the  city  council,  shall  contain  the  name  of 


Acts,  1911.  — Chap.  7:]2.  — Takt  III.  929 

the  iDerson  to  whom  issued,  the  number  of  forms  so  issued,  Procecdincs  in 

1  PI  11  II  /I.         cases  of  recall. 

the  mime  oi  the  person  sought  to  be  removed,  the  olhce 
from  which  his  removal  is  sought  and  the  grounds  of  such 
removal  as  stated  in  said  affidavit,  and  shall  demand  the 
election  of  the  successor  to  such  office.  A  copy  of  the 
petition  shall  be  entered  in  a  record  book  to  be  kept  in  the 
office  of  said  clerk.  No  defect  in  said  form  or  record  shall 
invalidate  the  same.  The  recall  petition  must  be  returned 
and  filed  with  said  clerk  within  thirty  days  after  its  issuance. 
Petitions  to  be  effective  shall  be  signed  by  qualified  voters 
equal  in  number  to  at  least  twenty  per  cent  of  the  last 
preceding  vote  cast  for  all  the  candidates  for  governor  of 
the  commonwealth  by  the  voters  of  the  city.  Every  voter 
who  signs  such  petition  shall  sign  it  in  person  with  his  full 
surname,  his  Christian  name  and  the  initial  of  every  other 
name  which  he  may  have  and  shall  add  thereto  his  residence 
on  the  previous  first  day  of  April  with  the  street  and  number 
thereof,  if  any.  Such  signatures  need  not  all  be  on  one 
paper.  One  of  the  signers  of  each  such  paper  shall  make 
an  affidavit  thereto,  upon  information  and  belief  that  the 
statements  therein  contained  are  true,  and  that  each  signa- 
ture appended  to  the  paper  is  the  genuine  signature  of  the 
person  whose  name  it  purports  to  be.  All  such  papers  for 
the  recall  of  any  one  officer  shall  be  fastened  together  and 
filed  as  one  instrument,  with  the  indorsement  thereon  of 
the  names  and  addresses  of  three  persons  designated  as 
filing  the  same. 

Section  48.  Within  ten  days  from  the  filing  of  the  pe-  citycierk 
tition,  the  clerk  with  the  assistance  of  the  registrars  of  ^tltfonrfor 
voters,  shall  ascertain  by  examination  thereof  and  of  the  '*'^"- 
registration  books  and  election  returns,  whether  the  peti- 
tion is  signed  by-  the  requisite  number  of  qualified  voters, 
and  shall  attach  thereto  a  certificate  showing  the  result  of 
such  examination.  The  council  shall  make  an  appropria- 
tion to  be  expended  by  the  clerk  for  such  extra  help  as  may 
be  necessary  in  carrying  out  the  provision  for  the  recall 
of  an  officer.  If  the  clerk's  certificate  shows  the  petition 
to  be  insufficient,  he  shall  within  said  ten  days  so  notify 
in  writing  one  or  more  of  the  persons  designated  on  the  peti- 
tion as  filing  the  same;  and  the  petition  may  be  amended 
at  any  time  within  ten  days  from  the  filing  of  the  certifi- 
cate. The  clerk  shall,  within  ten  days  after  such  amendment, 
make  like  examination  of  the  amended  petition,  and  attach 
thereto  a  certificate  of  the  result.     If  still  insufficient,  or  if 


930 


Acts,  1911.  — Chap.  732.  — Paiit  IIT. 


Petition  to 
be  submitted 
to  council, 
etc. 


Proviso. 


Officer  souslit 
to  be  removed 
may  be  a 
candidate. 


Incuml)ent  to 
continue  in 
office  until, 
etc. 


Person 
removed  by 
recall  not  (o  bo 
apix)inled  to 
oilice. 


Warrant  for 
reuiuval,  etc. 


no  ameiidiiient  is  made,  the  clerk  shall  return  the  petition 
to  one  of  the  persons  designated  thereon  as  filing  it  without 
prejudice,  however,  to  the  tiling  of  a  new  petition  for  the 
same  purpose. 

Section  49.  If  the  petition  or  amended  petition  shall 
be  found  and  certified  bv  the  clerk  to  be  sufiicient,  he  shall 
without  delay  submit  the  same  to  the  council.  If  the  officer 
sought  to  be  removed  does  not  resign  within  five  days  there- 
after, the  council  shall  thereupon  order  an  election  to  be 
held  not  less  than  sixty  nor  more  than  seventy  da\'s  from 
the  date  of  the  clerk's  certificate  that  a  sufficient  i)etition 
is  filed:  provided,  however,  that  if  any  other  municipal  elec- 
tion is  to  occur  within  ninety  days  from  the  date  of  the 
clerk's  certificate,  the  council  may,  in  its  discretion,  post- 
pone the  holding  of  the  removal  election  to  the  date  of  such 
other  municipal  election.  If  a  vacancy  occurs  in  said  office 
after  the  removal  election  has  been  ordered,  the  election 
shall  nevertheless  proceed. 

Sfx'tion  50.  An  officer  sought  to  be  removed  may  be  a 
candidate  to  succeed  himself  and  unless  such  officer  other- 
wise requests  in  wanting,  the  clerk  shall  i)lace  his  name  on 
the  official  ballot  without  nomination.  The  nomination  of 
other  candidates,  the  publication  of  the  warrant  for  the 
removal  election,  and  the  conduct  of  the  same  shall  all  be 
in  accordance  with  the  provisions  of  this  act  which  relate 
to  elections.  The  candidate  receiving  the  highest  number 
of  votes  shall  be  deemed  to  be  elected. 

Section  51.  The  incumbent  shall  continue  to  perform 
the  duties  of  his  office  until  the  determination  of  the  result 
of  the  removal  election.  If  then  elected,  he  shall  continue 
in  office  during  his  unexpired  term,  subject  however  to  recall. 
If  not  then  elected,  he  shall  be  deemed  remo\ed  uj)on  the 
qualification  of  his  successor,  W'ho  shall  hold  office  during 
the  unexpired  term.  If  the  successor  fails  to  qualify  within 
ten  days  after  receiving  notification  of  his  election,  the 
incumbent  shall  thereupon  be  deemed  removed  and  the 
office  vacant. 

Section  52.  No  person  who  has  been  removed  from 
office  by  recall  or  who  has  resigned  from  such  office  while 
recall  proceedings  were  pending  against  liini  shall  be  ap- 
pointed to  any  office  by  the  ct)uncil  within  one  year  after 
such  removal  by  recall  or  resignation. 

Section  53.  In  the  warrant  for  removal  election  there 
shall  be  printed  in  not  more  than  two  hundred  words  the 


Acts,  1911.  — CuAr.  732.  — Paiit  III.  931 

reasons  for  demanding  the  recall  of  the  officer  as  set  forth 
in  the  recall  petition  and  in  not  more  than  two  hundred 
words  the  officer  may  justify  his  course  in  office. 


DIRECT  LEGISLATION   BY  THE   PEOPLE. 

Section  54.  Any  proposed  ordinance  may  be  submitted  i^^|^a\ion 
to  the  council  by  petition  signed  by  qualified  voters  of  the  '^^• 
city  equal  in  number  to  the  percentage  hereinafter  required. 
The  procedure  in  respect  of  such  petition  shall  be  the  same 
as  provided  in  sections  forty-seven  and  forty-eight  with 
such  modification  as  the  nature  of  the  case  requires,  except 
that  no  blank  forms  shall  be  furnished  or  preliminary  affi- 
davit made. 

If  the  petition  accompanying  the  proposed  ordinance  be 
signed  by  qualified  voters  equal  in  number  to  at  least  twenty 
per  cent  of  the  last  preceding  vote  cast  in  the  city  for  all 
candidates  for  governor  of  the  commonwealth  and  contains 
a  request  that  said  proposed  ordinance  be  submitted  to  a 
vote  of  the  people,  if  not  passed  by  the  council,  the  clerk 
shall  thereupon  ascertain  and  certify  its  number  of  qualified 
signers;  whereupon,  if  such  certificate  shows  the  required 
number  of  qualified  signers,  the  council  shall,  wtliin  twenty 
days  thereafter,  either 

(a)  Pass  said  ordinance  without  alteration  (subject  to  the 
referendum  vote  provided  by  section  fifty-five) ; 

(b)  Call  a  special  election  unless  a  general  or  special  mu- 
nicipal election  is  to  be  held  within  ninety  days  thereafter 
and  at  such  general  or  special  municipal  election  said  pro- 
posed ordinance  shall  be  submitted  without  alteration  to 
the  vote  of  the  qualified  voters  of  the  city. 

If  the  petition  be  signed  by  qualified  voters  equal  in  num- 
ber to  at  least  ten  per  cent  and  less  than  twenty  per  cent 
of  the  last  preceding  vote  cast  in  the  city  for  all  candidates 
for  governor  of  the  commonwealth,  as  shown  in  the  manner 
hereinbefore  provided,  and  said  proposed  ortlinance  be  not 
passed  without  alteration  by  the  council  within  twenty  days 
as  hereinbefore  provided,  then  such  proposed  ordinance, 
without  alteration,  shall  be  submitted  by  the  council  to  popu- 
lar vote  at  the  next  annual  city  election. 

Section  55.     No  ordinance  passed  by  the  council  shall  '^'^^j'^^ 
take  efi^ect  before  ten  days  after  its  final  passage  and  final  of  certain 

IT."  ,  1.  .,,.       ordinances, 

publication  except  an  emergency  ordinance  as  provided  in  etc. 
section  nineteen.     If,  within  said  ten  days  a  petition  signed 


932 


Acts,  1911.  — Chap.  732.  — Paiit  III. 


PtOIX)SC(l 

ordinanco  t/> 
be  Hubiiiitt<':l 
to  popular 
vote. 


Sample 
ballot,  etc. 


by  qualified  electors  of  the  city,  equal  in  number  to  at 
least  twenty  per  cent  of  the  last  preceding  vote  cast  in  the 
city  for  all  candidates  for  governor  of  the  commonwealth, 
be  presented  to  the  council  protesting  against  the  passage 
of  such  ordinance  or  any  part  thereof,  the  same  shall  there- 
upon and  thereby  be  suspended  from  taking  effect.  The 
council  shall  immediately  reconsider  such  ordinance  and  if 
the  same  be  not  entirely  repealed,  the  council  shall  submit 
it  by  the  method  herein  provided  to  a  vote  of  the  qualified 
voters  of  the  city,  either  at  the  next  general  municipal 
election,  or  at  a  special  election  which  they,  in  their  discre- 
tion, may  call  for  that  purpose,  and  such  ordinance  shall 
not  take  effect  unless  a  majority  of  the  qualified  electors, 
voting  upon  the  same  at  such  election,  shall  vote  in  favor 
thereof. 

The  procedure  in  respect  of  such  referendum  petition  shall 
be  the  same  as  provided  in  sections  forty-seven  and  forty- 
eight  with  such  modifications  as  the  nature  of  the  case  re- 
quires, except  that  no  blank  forms  shall  be  furnished  or 
preliminary  affidavit  made. 

Section  56.  The  council  may,  of  its  own  motion,  submit 
to  popular  vote  for  adoption,  or  rejection  at  a  general  or 
special  municipal  election,  any  proposed  ordinance  or  meas- 
ure or  a  proposition  for  the  repeal  or  amendment  of  any 
ordinance  in  the  same  manner  and  with  the  same  force  and 
ett'ect  as  herein  provided  for  submission  on  petition.  If  the 
provisions  of  two  proposed  ordinances  or  measures  submitted 
at  the  same  election  are  inconsistent,  then  the  ballot  shall 
be  so  printed  that  the  voter 

First:  May  choose  between  any  measure  or  none,  and 

Second:  May  express  his  preference  between  one  and  the 
other. 

If  a  majority  of  the  votes  on  the  first  question  is  affirma- 
tive, then  the  measure  receiving  the  larger  number  of  votes 
shall  become  law. 

Section  57.  The  city  clerk  shall  print  and  tlistribute 
to  each  voter  a  sam})le  ballot  together  with  the  text  of  every 
measure  to  be  submitted  to  a  vote  of  the  people. 

The  ballots  used  when  voting  upon  such  proposed  ordinance 
shall  state  the  nature  of  the  ordinance  in  terms  suliicieiit  to 
show  the  substance  thereof.  If  a  majority  of  the  ciualified 
electors  voting  on  such  proposed  ordinance  shall  vote  in  favor 
thereof,  the  same  shall  thereupon  become  an  ordinance  of 
the  city. 


Acts,  1911.  — Ciiat.  732.  — Part  III.  933 

Provision  shall  be  made  on  each  ballot  for  voting  upon 
all  proposed  ordinances  submitted  at  that  election.  The 
questions  relating  to  proposed  ordinances  shall  be  printed 
on  the  ballots  after  the  list  of  candidates,  if  there  be  any. 
There  shall  not  be  held  under  the  provisions  of  sections 
fifty-four  to  fifty-seven  more  than  one  special  election  in 
any  period  of  six  months. 

No  ordinance  adopted  by  popular  vote  shall  be  repealed 
or  amended  except  by  popular  vote.  The  council  may  by 
ordinance  make  such  regulations  not  inconsistent  herewith 
as  it  may  deem  necessary  to  carry  out  the  provisions  of  sec- 
tions fifty-four  to  fifty-seven. 

Section  58.     The  mayor,  aldermen,  and  common  coun-  Compliance 
cilmen  and  the  city  clerk  in  office  when  this  act  takes  effect,  rViatinK  to 
shall  comply  with  all  the  requirements  of  this  act  relating  '^'"ctions,  etc. 
to  elections  to  the  end  that  all  things  may  be  done  necessary 
to  the  nomination  and  election  of  the  officers  first  to  be 
elected  under  the  provisions  of  this  act. 

Section  59.  All  special  acts  and  parts  of  special  acts  Repeal, 
applying  to  the  city  of  Pittsfield  inconsistent  with  this  act 
are  hereby  repealed ;  and  all  general  acts  and  parts  of  general 
acts  inconsistent  herewith  shall  not  hereafter  apply  to  the 
city  of  Pittsfield:  jjrovided,  that  such  repeal  shall  not  affect  Provisos. 
any  act  done  or  any  right  accruing  or  accrued  or  established, 
or  any  suit  or  proceeding  had  or  begun  in  any  civil  case 
before  the  time  when  such  repeal  takes  effect  and  that  no 
offences  committed  and  no  penalty  or  forfeitures  incurred 
under  the  acts  or  parts  of  acts  hereby  repealed  shall  be 
affected  by  such  repeal;  and  'promded,  also,  that  all  persons 
who  at  the  time  said  repeal  takes  effect  shall  hold  any  office 
under  said  acts,  shall  continue  to  hold  the  same  according 
to  the  tenure  thereof  except  as  is  otherwise  provided  herein, 
and  jjrovided,  also,  that  all  ordinances  of  the  city  of  Pitts- 
field in  force  at  the  time  when  said  repeal  takes  effect,  and 
not  inconsistent  with  the  provisions  of  this  act,  shall  continue 
in  force  until  the  same  are  repealed  or  amended,  and  all 
officers  elected  under  such  ordinances  shall  continue  in  office 
according  to  the  tenure  thereof,  except  as  is  otherwise  pro- 
vided herein. 

Section  60.    Part  III  of  this  section  shall  not  take  effect  Time  of 
until  accepted  by  the  voters  of  the  city  as  herein  provided,  *''^'""°^  ^*- 
and  if  so  accepted,  it  shall  take  effect  for  the  next  ensuing 
annual  city  election  which  shall  be  held  on  the  third  Tuesday 
of   December  in  the   year  nineteen   hundred   and  eleven. 


YES. 
NO. 

931  Acts,  1911.  — CiiAr.  732.  — Paut  TV. 

Thereafter  the  said  annual  election  shall  be  held  on  the  sec- 
ond Tuesday  in  December.  For  all  other  purposes  Part 
III  of  this  act  if  accepted  shall  take  effect  at  ten  o'clock 
in  the  forenoon  on  the  first  Monday  of  January,  nineteen 
hundred  and  twelve. 

Part  IV. 

mlbni^t'ted  to         Section  1.     This  act  shall  be  sul)mitted  to  the  registered 
registered  male  votcrs  of  the  city  of  Pittsfield  at  the  state  election  in 

male  voters.  .  i  i        i  i      i  a         i  •  i      i         • 

the  year  nineteen  hundred  and  eleven.  At  the  said  election 
the  voters  shall  vote  primarily  on  the  following  question: 
"Shall  Plan  I,  the  present  charter  of  the  city  of  Pittsfield, 
as  amended,  be  adopted?"  and  secondarily  on  the 
following  question:  If  the  present  charter  of  the 
city  of  Pittsfield  is  repealed,  shall  the  new  charter  of 
the  city  be:  "Plan  II  which  establishes  a  city  government 
consisting  of  a  mayor  and  a  board  of  aldermen  of  seven 
members"  or  "Plan  III  which  establishes  a  commission 
form  of  government  to  consist  of  five  members." 

If  on  a  majority  of  the  votes  cast  at  said  election  the 
primary  question  is  answered  in  the  affirmative,  Plan  I 
becomes  the  charter  of  the  city  of  Pittsfield.  If  on  said 
question  a  majority  of  the  voters  voting  thereon  shall  vote 
"  No",  the  present  charter  of  the  city  of  Pittsfield  shall  be 
repealed  and  the  plan  receiving  the  larger  number  of  votes 
on  the  secondary  question  shall  be  adopted  as  the  charter 
for  the  city  of  Pittsfield.  Plan  I  shall  include  all  of  the  pro- 
visions of  Part  I  of  this  act  and  if  said  Plan  I  is  adopted, 
Parts  II  and  III  of  this  act  shall  be  inoperative.  Plan  II 
shall  include  all  of  the  provisions  of  Part  II  of  this  act  and 
if  said  Plan  II  is  adopted,  Parts  I  and  III  of  this  act  shall  be 
in()])erative.  Plan  III  shall  include  all  of  the  provisions 
of  Part  111  of  this  act  and  if  said  Phin  III  is  adopted,  Parts 
I  and  II  shall  l)e  inoperative.  If  on  any  ballot,  the  voters 
shall  vote  for  more  than  one  plan  on  thC  secondary  ques- 
tions, so  much  of  said  ballot  as  refers  to  the  secondary  ques- 
tion shall  not  be  counted. 
uwrngldcct.  Section  2.  So  mucli  of  this  act  as  provides  for  its  sub- 
mission to  the  voters  of  the  city  of  Pittsfield  shall  take  efi'ect 
upon  its  passage.  Apprvocd  July  10,  U)ll. 


Acts,  1911.  — Chaps.  733,  734.  935 


An  Act  to  revive  the  charter  of  the  eastern  hotel  Chap.733 

COMPANY. 

Be  it  enacted,  etc.,  as  follows: 
Section  1.     Chapter  three  hundred  and  sixty-three  of  f^^'^vtorof 

i  .  1  1        1  1       1  •  iLustern  Hotel 

the  acts  oi  the  year  nineteen  hundred  and  eleven,  in  so  c^Hnpany 
far  as  it  appUes  to  or  affects  the  Eastern  Hotel  Company, 
is  hereby  repealed,  and  the  charter,  organization  and  acts 
of  that  company  shall  remain  of  the  same  force  and  effect 
which  they  had  at  the  time  of  the  passage  of  said  act. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  Jidy  19,  1911. 

An  Act  to  provide  for  the  construction  of  a  new  CJiap.734: 

bridge  over  the  MERRIMAC  river  in  the  city  of  LAW- 
RENCE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  county  commissioners  of  the  county  of  of'anew'^**''" 
Essex  are  hereby  authorized  and  directed,  subject  to  the  ^l'^^^^^^^^  ^^^ 
provisions  of  all  general  laws  which  may  be  applicable,  to  river,  etc. 
construct  a  new  bridge,  with  suitable  approaches,  over  the 
Merrimac  river  in  the  city  of  Lawrence  at  a  point  to  be 
selected  by  said  commissioners,  which  point,  however,  shall 
be  east  of  the  present  bridge  in  Lawrence  known  as  the  Duck 
bridge.     Such  bridge  shall  be  of  such  width,  grade,  material 
and  construction  as  said  county  commissioners,  with  the 
approval  of  the  board  of  harbor  and  land  commissioners, 
shall  deem  reasonably  necessary  and  proper.     The  cost  of 
the  said  bridge  shall  not  exceed  the  sum  of  three  hundred 
and  sixty-three  thousand  five  hundred  and  four  dollars  and 
seven  cents. 

Section  2.     The  cost  and  expenses  incurred  hereunder  cost  to  bo 
shall  in  the  first  instance  be  paid  by  the  county  of  Essex;  coimty^of^^ 
and  the  county  commissioners  of  said  county  are  hereby  Essex,  etc. 
authorized  and  directed  to  borrow  on  the  credit  of  the  county 
such  sums  of  money  as  may  from  time  to  time  be  required 
for  such  cost  and  expenses.     All  moneys  so  borrowed  shall  be 
deposited  in  the  county  treasury,  and  the  treasurer  of  the 
county  shall  pay  out  the  same  as  ordered  by  said  county 
commissioners,    and    shall    keep    a    separate    and    accurate 
account   of   all    sums   borrowed    and   expended,    including 
interest. 


936 


Acts,  1011.  — Chap.  734. 


Statement  of 

cost  to  1)0 

filed  with  tho 
clerk  of 
courts,  etc. 


Proviao. 


May  tnko 
lands,  rights, 
etc. 


Section  3.  Upon  the  completion  of  said  bridge  and 
approaches  said  county  commissioners  shall  file  in  the  office 
of  the  clerk  of  courts  for  the  county  of  Essex  a  detailed 
statement,  certified  under  their  hands,  of  the  actual  cost  of 
said  bridge  and  approaches;  and  within  three  months  after 
the  filing  of  such  statement,  they  shall,  after  such  notice  as 
they  may  deem  proper,  and  a  hearing,  assess  and  apportion 
upon  said  county  such  part  of  the  expense  of  constnicting 
said  bridge  and  approaches  as  they  may  deem  just,  and  shall 
assess  and  apportion  the  remainder  of  said  exjiense  upon  the 
cities,  or  cities  and  towns,  determined  by  them  to  be  specially 
benefited  by  said  bridge,  in  such  proportions  as  they  may 
determine:  j^roxided,  however,  that  not  more  than  forty  per 
cent  of  the  said  expense  shall  be  assessed  upon  the  county  of 
Essex.  Said  commissioners  shall  make  and  file  in  the  office 
of  the  clerk  of  courts  of  said  county  a  report  of  such  appor- 
tionment, and  the  clerk  shall  transmit  a  true  and  attested 
copy  thereof  to  the  mayor  of  the  cities  and  the  selectmen  of 
the  towns  mentioned  therein;  and  each  of  said  cities  and 
towns  shall  pay  its  proportion  of  said  expense,  determined  as 
aforesaid,  into  the  treasury  of  the  county  of  Essex,  in  such 
manner  and  in  such  instalments  as  the  said  commissioners 
may  direct;  and  if  any  city  or  town  shall  neglect  or  refuse  to 
pay  its  proportion  required  as  aforesaid,  the  said  commis- 
sioners shall,  after  notice  to  such  city  or  town,  issue  a  warrant 
against  the  city  or  town  for  its  proportion,  determined  as  afore- 
said, with  interest  and  the  costs  of  the  notice  and  warrant,  and 
the  same  shall  be  collected  and  paid  into  the  treasury  of  said 
county  to  be  applied  in  payment  of  the  expense  aforesaid. 

Section  4.  The  said  county  commissioners  are  author- 
ized to  take  or  purchase  the  lands,  rights  or  easements  which 
may  be  rcciuired  to  carry  out  the  purposes  of  this  act;  but 
in  order  to  take  otherwise  than  by  purchase  they  shall  first 
record  in  the  registry  of  deeds  for  the  northern  district  of  the 
county  of  Essex  a  statement  containing  a  description  of  the 
lands  or  rights  taken,  and  shall  file  a  plan  of  the  same  in  said 
registry.  They  shall  award  such  damages  to  persons  inter- 
ested in  the  premises  or  rights  taken  as  are  assesseil  in  the 
case  of  lands  taken  for  highways;  and  any  person  aggrie^■ed 
thereby  may  proceed  in  the  same  manner  as  in  the  case  of 
land  taken  for  highway  purposes,  within  one  year  after  the 
filing  of  said  statenicnt;  but  in  no  event  sluill  interest  be  re- 
cov(M-t>(l  against  the  county  for  more  than  four  j)er  cent  j)er 
ainiuiii. 


Acts,  1911.  — Chap.  735.  937 


Section  5.     The  cost  of  the  maintenance  and  operation  Payment  of 

'  itenance 
operation, 


of  said  bridge  and  approaches,  after  tlie  comi)letion  of  the  |^'^=Jj'"^''n'^nc<' 


same,  shall  be  borne  and  paid  by  said  county,  and  by  such  '^'^"• 
city,  or  by  such  cities  and  towns  therein,  as  the  county  com- 
missioners of  said  county  may  determine,  after  notice  and 
hearing  as  herein  provided. 

Section  6.     In    case    any    street    railway   is    granted    a  street  railway 
location  upon  the  said  bridge,  it  shall  pay  into  the  treasury  pay  fo"^  *° 
of  said  county,  as  its  part  of  the  expense  of  constructing  the  'o'^^tion,  etc. 
bridge  and  the  approaches  thereto,  a  sum  amounting  to 
not  less  than  fifteen  per  cent  of  the  said  expense,  and  shall 
also  enter  into  an  agreement  with  the  county  commissioners 
of  said  county  to  keep  that  part  of  the  roadway  on  said 
bridge  lying  between  the  tracks  of  the  company  and  eighteen 
inches  outside  thereof  on  both  sides  of  the  track,  in  repair 
and  safe  for  public  travel;  and  no  location  shall  be  granted 
upon  said  bridge  except  upon  the  foregoing  conditions. 

Section  7.     No  member  of  the  board  of  county  com-  Members  of 
missioners  shall  be  disqualified  from  serving  under  this  act  dS^uaHfitd 
by  reason  of  his  residence  in  any  city  within  the  limits  of  ^^^  aetmg, 
which  any  part  of  said  bridge  or  its  approaches  may  lie,  any 
provision  of  section  twenty  of  chapter  twenty  of  the  Revised 
Laws  to  the  contrary  notwithstanding. 

Section  8.    This  act  shall  be  submitted  to  the  voters  of  ^'itted^'to  the 
the  city  of  Lawrence  at  the  state  election  in  the  current-  year  voters  of  the 
in  the  form  of  the  following  question :  "  Shall  chapter  Lawrence. 

of  the  acts  of  the  year  nineteen  hundred  and  eleven,  pro- 
viding for  a  new  bridge  over  the  Merriraac  river  in  the  city 
of  Lawrence,  to  be  constructed  partly  at  the  expense  of  the 
said  city,  be  accepted,  and  shall  the  said  bridge  be  built?" 
If  a  majority  of  the  voters  voting  thereon  vote  in  the  affirma- 
tive, this  act  shall  thereupon  take  effect;  otherwise,  it  shall 
be  void.  Approved  Jidy  19,  1911. 

An  Act  relative  to  caucuses  of  political  parties.     Chap.735 
Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  forty  of  chapter  five  hundred  amLdTd.^  '*°' 
and  sixty  of  the  acts  of  the  year  nineteen  hundred  and 
seven  is  hereby  amended  by  striking  out  the  words  "dele- 
gates to  the  state  convention",  in  the  first  and  second  lines, 
and  inserting  in  place  thereof  the  words:  —  candidates  for 
a  city  or  town  election,  —  and  by  striking  out  the  word 
"October",   in  the   sixteenth  line,   and   inserting  in  place 


938 


Acts,  1911.  — Chap.  736. 


Caucus 
otticera, 
election, 
etc. 


Certain 
persons  not 
eligible,  etc. 


Term  of 
office,  etc. 


thereof  the  words :  —  the  month,  —  so  as  to  read  as  fol- 
lows: —  Section  I40.  At  the  caucus  held  for  the  choice  of 
candidates  for  a  city  or  town  election  there  shall  be  chosen 
annually  a  warden,  a  clerk,  and  at  least  five  inspectors,  and, 
in  wards  having  more  than  five  precincts,  such  additional 
inspectors  as  the  city  committee  of  the  political  party  whose 
caucuses  are  to  be  held  may  determine.  They  shall  be 
voters  of  the  ward  or  town  in  which  they  are  elected  and 
members  of  the  political  party  whose  caucus  is  to  be  held. 
No  person  shall  be  eligible  to  the  position  of  warden  or  clerk 
or  inspector  who  is  a  state,  county  or  city  employee,  or  who 
is  a  member  of  a  ward  or  town  committee,  and  no  person 
shall  serve  as  a  caucus  officer  at  any  caucus  wherein  he  is 
a  candidate  for  a  nomination  to  an  elective  office,  or  for 
ward  or  town  committee.  Every  caucus  officer  shall  hold 
office  for  one  year,  beginning  with  the  first  day  of  the  month 
succeeding  his  election,  and  until  his  successor  is  elected. 
He  shall,  before  entering  upon  the  performance  of  his  duties, 
be  sworn  to  the  faithful  performance  thereof  by  the  warden, 
clerk,  or  a  justice  of  the  peace,  and  a  record  of  such  oath 
shall  be  made  upon  the  record  book  of  such  caucus.  The 
respective  duties  of  caucus  officers  shall  be  in  general  the 
same  as  are  required  of  election  officers  at  elections. 

Approved  July  19,  1911. 


Chap.lSG  An  Act  relative  to  the  notice  of  intention  of  mar- 
riage. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  sixteen  of  chapter  one  hundred 
and  fifty-one  of  the  Revised  Laws  is  hereby  amended  by 
inserting  after  the  word  "shall",  in  the  second  lino,  the 
words:  —  not  less  than  five  days,  —  so  as  to  read  as  fol- 
lows:—  Section  16.  Persons  who  intend  to  be  joined  in 
marriage  in  this  commonwealth  shall,  not  less  than  five 
days  before  their  marriage,  cause  notice  of  their  intention 
to  be  entered  in  the  oflice  of  the  clerk  or  registrar  of  the 
city  or  town  in  which  they  respectively  dwell,  or,  if  they 
do  not  dwell  within  the  commonwealth,  in  the  oflice  of 
the  clerk  or  registrar  of  the  city  or  town  in  which  they  propose 
to  have  the  marriage  solemnized. 

Section  2.  Section  twent\-three  of  said  chapter  one 
hundred  and  fifty-one  is  hereby  ameniled  by  in.serting  at 
the   beginning   thereof  the   words:  —  After  the  expiration 


R.  L.  mi,  §  16, 

amended. 


Notice  of 
intention  of 
marriage,  etc. 


R.L.  ir,1.  §  23. 
amended. 


Acts,  1911.  — Chap.  736.  939 

of  five  days  from  the  date  of  the  entry  of  such  intention, 

—  so  as  to  read  as  follows :  —  Section  23.     After  the  ex-  MarriaKe 
piration  of  five  days  from  the  date  of  the  entry  of  such  bc'bsuetKcf 
intention  the  clerk  or  registrar  shall  deliver  to  the  parties 

a  certificate  signed  by  him,  specifying  the  time  when  notice 
of  the  intention  of  marriage  was  entered  with  him  and  all 
facts  relative  to  the  marriage  which  are  reciuired  by  law 
to  be  ascertained  and  recorded,  except  those  relative  to  the 
person  by  whom  the  marriage  is  to  be  solemnized.  Such 
certificate  shall  be  delivered  to  the  minister  or  magiLstrate 
before  whom  the  marriage  is  to  be  contracted,  before  he 
proceeds  to  solemnize  the  same. 

Sections.     Section    twenty-five    of    said    chapter    one  r.l.  i5i,  §  25, 
hundred    and    fifty-one    is    hereby    amended    by    inserting  ^'"'^°'^'^'^- 
after  the  word  "certificate",  in  the  first  line,  the  words: 

—  before  the  expiration  of  the  period  specified  in  section 
two  of  this  act,  except  as  hereinafter  prescribed,  or,  —  so 

as  to  read  as  follows :  —  Section  25.     If  the  clerk  or  regis-  Penalty  for 
trar  issues  such  certificate  before  the  expiration  of  the  period  cfHificate  to 
specified  in  section  two  of  this  act,  except  as  hereinafter  f^^rtam  minors. 
prescribed,  or  to  a  male  under  the  age  of  twenty-one  years, 
or  to  a  female  under  the  age  of  eighteen  years,  when  he  has 
reasonable  cause  to  believe  the  person  to  be  under  such  age, 
except  upon  the  application  or  consent  in  writing  of  the 
parent,  master  or  guardian  of  such  person,  he  shall  forfeit 
not  more  than  one  hundred  dollars;  but  if  there  is  no  parent, 
master  or  guardian   in   this  commonwealth   competent  to 
act,  a  certificate  may  be  issued  without  such  application 
or  consent. 

Section  4.  Upon  application  by  both  of  the  parties  to  Duties  of 
an  intended  marriage,  a  judge  of  probate  or  the  justice  of  {]rob|te,etc. 
a  police,  district  or  municipal  court  within  whose  jurisdic- 
tion either  party  resides,  may,  after  hearing  such  evidence 
as  is  presented,  grant  a  certificate  stating  that  in  his  opinion 
it  is  expedient  that  the  intended  marriage  be  solemnized 
without  delay.  Upon  the  presentation  of  such  a  certifi- 
cate, or  a  copy  thereof  certified  by  the  clerk  of  the  court 
by  which  it  was  issued,  the  clerk  or  registrar  of  the  city  or 
town  in  which  the  intention  to  be  joined  in  marriage  has 
been  filed  shall  at  once  issue  the  certificate  prescribed  in 
section  two  of  this  act. 

Section  5.     Section  twenty-five  of  chapter  two  hundred  R.l. 204, §25, 
and  four  of  the  Revised  Laws,  as  amended  by  chapter  one 
hundred  and  twenty-one  of  the  acts  of  the  year  nineteen  ' 


940 


Acts,  1911.  — Chap.  737. 


Fees, 


Not  to  apply 
in  certain 
cases. 


Time  of 
taking  efTect. 


hundred  and  eight,  is  hereby  further  amended  by  adding 
at  the  end  of  the  first  sentence  thereof  the  words :  —  at 
the  time  of  such  entry  or  fihng,  —  so  as  to  read  as  follows: 

—  Section  25.     The  fees  of  town  clerks  shall  be  as  follows: 

—  For  entering  notice  of  an  intention  of  marriage  and  issu- 
ing the  certificate  thereof,  and  for  entering  the  certificate 
of  marriage  which  is  filed  by  persons  married  out  of  the 
commonwealth,  one  dollar,  which  shall  be  paid  by  the  parties 
at  the  time  of  such  entry  or  filing.  For  a  certificate  of  a 
birth  or  death,  ten  cents. 

Section  6.  The  five  days'  notice  required  by  the  pro- 
visions of  this  act  shall  not  apply  to  cases  in  which  either 
of  the  parties  to  an  intended  marriage  has  arrived  as  an 
immigrant  from  a  foreign  country  within  five  days. 

Section  7.  This  act  shall  take  eft'ect  on  the  first  day 
of  January,  nineteen  hundred  and  twelve. 

Approved  July  19,  1911. 


Foxhoroiigh 
Water  Supply 
Dislrict 
Water  Loan, 
Act  of  lun. 


Charf.737  An  Act  to  authorize  the  foxborough  water  supply 

DISTRICT  TO  make  AN  ADDITIONAL  WATER  LOAN  FOR  THE 
PURPOSE  OF  SUPPLYING  THE  INHABITANTS  OF  EAST  FOX- 
BOROUGH  WITH  WATER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Foxborough  Water  Supply  District,  for 
the  purpose  of  supplying  the  inhabitants  of  East  Foxborough 
with  water  under  the  provisions  of  chapter  three  hundred 
and  thirty-nine  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four,  may  issue  bonds,  notes  or  scrip  to  an 
amount  not  exceeding  ten  thousand  dollars.  Such  bonds, 
notes  or  scrip  shall  bear  on  their  face  the  words,  Foxborough 
Water  Supply  District  Water  Loan,  Act  of  1911;  shall  be 
payable  at  the  expiration  of  periods  not  exceeding  thirty 
years  from  the  dates  of  issue;'  shall  bear  interest,  payable 
semi-annually,  at  a  rate  not  exceeding  four  and  one  half 
per  cent  per  annum;  and  shall  be  signed  by  the  treasurer 
and  countersigned  by  the  board  of  water  commissioners 
of  said  district.  The  district  may  sell  such  securities  at 
public  or  private  sale,  for  the  purposes  of  this  act,  upon 
such  terms  and  conditions  as  it  may  deem  proper,  but  they 
shall  not  be  sold  for  less  than  their  par  value. 

Section  2.  Said  district  shall,  at  the  time  of  author- 
izing said  loan,  ])rovi(le  for  the  payment  thereof  in  such 
aniHial  proportionate  payments,  beginning  not  more  than 


Payment  of 
loan. 


Acts,  1911.  — Chaps.  738,  739.  941 

five  years  after  the  first  issue  of  such  bonds,  notes  or  scrip, 
as  will  extinguish  the  same  within  the  time  prescribed  by 
this  act;  and  when  a  vote  to  that  effect  has  been  passetl  a 
sum  which,  with  the  income  derived  from  water  rates,  will 
be  sufficient  to  pay  the  annual  expense  of  operating  its  water 
works  and  the  interest  as  it  accrues  on  the  said  bonds, 
notes  or  scrip,  and  to  make  such  payments  on  the  princi])al 
as  may  be  required  under  the  provisions  of  this  act,  shall 
without  further  vote  be  assessed  and  collected  by  said  dis- 
trict in  each  year  thereafter  in  a  manner  similar  to  that 
in  which  other  taxes  are  assessed,  until  the  debt  incurred 
by  said  loan  is  extinguished. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  19,  1011. 

An  Act  to  authorize  the  city  of  boston  to  pay  a  sum  (JJiai}  738 

OF  MONEY  ANNUALLY  TO  JOHN  J.   CARNEY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The   city   of   Boston   is   hereby   authorized  303^3-^°^ 
to  pay  John  J.  Carney  of  that  city,  a  former  member  of  pay  a  sum  of 
the  fire  department  of  the  city,  an  annual  pension  equal  J.Camey. 
to  one  half  of  the  compensation  which  he  was  receiving 
from  the  fire  department  at  the  time  of  his  retirement, 
the  said  Carney  having  been  retired  on  account  of  illness 
contracted  while  in  the  discharge  of  his  duty  as  a  member 
of  the  said  department. 

Section  2.     This  act  shall  take  effect  upon  its  accept-  Time  of 
ance  by  the  city  council  of  the  city  of  Boston,  with  the  taking  effect, 
approval  of  the  mayor  and  fire  commissioner. 

Approved  Jidy  19,  1911. 

An  Act  to  provide  for  the  construction  of  a  new  Chap.7S9 

BRIDGE  over  THE  AVEYMOUTH  BACK  RIVER  IN  THE  TOWNS 
OF  WEYMOUTH   AND   HINGHAM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  three  members  of  the  board  of  harbor  construction 
and  land  commissioners,  the  chairman  of  the  county  com-  bridge  over 
missioners   of    Norfolk   county   and    the    chairman   of   the  nfck  river, 
county    commissioners    of    Plymouth    county    are    hereby  '^^' 
appointed    as    a   board    of   bridge   commissioners    and   are 
authorized  and  directed,  within  one  year  after  the  passage 
of  this  act,  subject  to  the  provisions  of  chapter  ninety-six 


042 


Acts,  1911.  — Chap.  739. 


Cost  to  be 
piiid  l)y  the 
coiintiea  of 
Norfolk  and 
Plymouth, 
etc. 


Proviao. 


Contracts. 


Proviao. 


Lands  may  be 
taken,  etc. 


Estiiiialu  of 
damages,  etc. 


of  the  Revised  Laws,  of  all  amendments  thereof,  and  of 
all  other  general  laws  whieli  may  be  applieable,  to  remove 
the  existing  bridge  or  bridges  and  to  construct  a  new  bridge 
with  suitable  approaches  substantially  replacing  the  present 
bridge  over  the  Weymouth  Back  river,  so-called,  connect- 
ing the  town  of  Weymouth  with  the  town  of  Ilingham, 
at  an  expense  not  exceeding  eighty  thousand  dollars.  The 
said  bridge  shall  be  constructed  with  a  draw  having  an  open- 
ing of  not  less  than  fifty  feet  in  width,  and  shall  be  of  such 
width,  grade,  material  and  construction  as  said  board  of 
bridge  commissioners  shall  deem  reasonably  necessary  and 
proper.  The  bridge  commissioners  shall  receive  such  com- 
pensation as  shall  be  determined  by  the  governor  and  coun- 
cil, and  their  compensation  shall  be  included  in  the  cost  of 
constructing  the  bridge. 

Section  2.  The  cost  and  expenses  incurred  hereunder 
shall  in  the  first  instance  be  paid  one  half  by  the  county 
of  Norfolk  and  one  half  by  the  county  of  Plymouth;  and 
the  county  commissioners  of  said  counties,  respectively,  are 
hereby  authorized  and  directed  t'o  borrow  on  the  credit  of 
their  respective  counties  such  sums  of  money  as  may  from 
time  to  time  be  required  for  the  said  cost  and  expenses. 
All  money  so  borrowed  shall  be  deposited  in  the  county 
treasury,  and  the  treasurer  of  the  county  shall  pay  out  the 
same  as  ordered  by  the  board  of  bridge  commissioners, 
and  shall  keep  a  separate  and  accurate  account  of  all  moneys 
borrowed  and  expended,  including  interest:  yrovided,  how- 
ever, that  neither  of  said  counties  shall  be  required  to  pay 
in  the  aggregate  for  the  said  purpose  a  sum  exceeding  forty 
thousand  dollars. 

Section  3.  The  said  bridge  commissioners  are  hereby 
authorized  to  make  all  contracts  which  may  be  necessary 
for  the  constructioli  of  said  britlge:  provided,  however,  that 
no  contract  so  made  shall  be  valid  until  it  is  approved  by 
the  governor  and  council. 

Section  4.  The  said  bridge  commissioners  are  hereby 
authorized  to  take  in  fee  simple,  or  to  actpiire  by  ]nirchase 
or  otherwise,  any  lands  with  the  structures  thereon  and  any 
property  or  property  rights,  including  the  location  of  any 
street  railway  company,  which  in  their  judgment  may  be 
required  in  the  building  of  the  said  bridge. 

Section  5.  The  said  bridge  commissioner  shall  esti- 
mate and  determine  all  damages  that  may  be  sustaiiu^d  by 
any  i)erson  or  corporation  by  the  taking  of  land  or  other 


Acts,  1011.  — Chap.  739.  913 


property,  or  injury  thereto,  as  aforesaid;  l)ut  any  person 
or  corporation  aggrieved  by  their  determination  may  have 
his  or  its  damages  assessed  by  a  jury  in  the  manner  pro- 
vided by  law  with  respect  to  damages  sustained  by  reason 
of  the  laying  out  of  highways:  prodded,  however,  that  if  ^"^^130. 
the  street  railway  company  or  companies  now  owning  or 
operating  the  street  railway  across  said  river  at  said  bridge 
shall  receive  a  location  for  a  single  track  street  railway  on 
the  new  bridge  to  be  built  under  this  act,  the  location  on  the 
new  bridge  shall  be  accepted  as  full  compensation  for  loss 
of  the  present  bridge  and  railway  location  across  said  river,  statement  of 

Section  6.     When  the  said  bridge  and  approaches  are  filed  with  the 
completed,  and  the  full   cost  and  expense  of  the  sam'e,  in-  superior  court, 
eluding  damages,  if  any,  awarded  under  the  preceding  sec-  *■'*"■ 
tion  are  ascertained,   the  said  bridge  commissioners  shall 
file,  in  the  office  of  the  clerk  of  the  superior  court  for  the 
county  of  Norfolk,  their  report  of  the  fact,  together  with 
a  detailed  statement  of  the  amount  of  the  cost  and  expense, 
whereupon  and  upon  the  application  of  said  bridge  commis- 
sioners or  of  any  party  interested,  and  after  such  notice  as 
the  court  may  order,  a  hearing  shall  be  had  upon  the  ap- 
proval and  acceptance  of  the  said  statement,  and  when  the 
same  has  been  approved  and  accepted  by  the  court  it  shall 
be  binding  upon  all  parties  interested. 

Section  7.  The  cost  and  expenses  incurred  under  the  Apportion- 
pro  visions  of  this  act,  approved  by  the  court  as  aforesaid,  expense,  etc. 
shall  be  borne  as  follows:  forty-five  per  cent  by  the  com- 
monwealth of  Massachusetts,  twenty  per  cent  by  the  county 
of  Norfolk,  twenty  per  cent  by  the  county  of  Plymouth, 
and  fifteen  per  cent  by  any  street  railway  company  that 
may  apply  for  and  be  granted  a  location  on  said  bridge 
by  the  towns  of  Weymouth  and  Hingham  in  the  manner 
now  provided  by  law;  and  the  county  of  Plymouth  and 
the  county  of  Norfolk  shall  thereupon  be  reimbursed  for 
such  sums  of  money  as  they  have  respectively  expended 
under  the  provisions  of  this  act  by  said  parties  and  to  the 
extent  necessary  to  cause  the  cost  and  expense  as  afore- 
said to  be  borne  in  the  proportions  aforesaid:  provided,  p^^viso. 
however,  that  any  sums  that  may  be  received  from  the 
United  States  in  reimbursement  of  these  expenditures  shall 
be  distributed  as  follows:  forty-five  per  cent  to  the  com- 
monwealth of  Massachusetts,  twenty  per  cent  to  the  county 
of  Norfolk,  twenty  per  cent  to  the  county  of  Plymouth, 
and  fifteen  per  cent  to  the  street  railway  company. 


941 


Acts,  1911.  — Chap.  740. 


Maintonanco 
aud  repair, 
etc. 


Liability  for 
defects,  etc. 


Repeal. 


Section  S.  The  cost  of  maintaining  the  said  new  bridge 
and  of  keeping  the  same  in  repair,  inckiding  the  cost  of 
operating  the  draw  therein,  shall  be  borne  as  follows:  the 
street  railway,  if  any,  shall  at  its  own  expense  maintain 
its  track;  that  is,  the  rails,  cross  ties,  if  any,  and  the  plank- 
ing between  the  rails.  The  two  counties  shall,  each  at  its 
own  expense,  maintain  one  half  of  the  remainder  of  the 
planking  of  the  floor.  The  maintenance  of  the  rest  of  the 
bridge,  including  the  operation  of  the  draw,  shall  be  in  charge 
of  a  board  consisting  of  the  county  commissioners  of  each 
county  and  the  expense  of  such  maintenance  shall  be  borne 
equally  by  the  two  counties  and  the  street  railway,  each 
paying  one  third  of  the  cost.  The  bridge  commissioners 
created  by  this  act  are  hereby  authorized  and  instructed 
to  apply  to  the  congress  of  the  United  States  for  an  appro- 
priation to  reimburse  the  commonwealth  for  a  part  of  the 
cost  of  building  the  bridge,  and  the  attorney-general  is  hereby 
instructed  to  assist  the  commissioners  in  presenting  to  con- 
gress the  justice  of  the  claim. 

Section  9.  Liability  for  defects  in  the  bridge  and  its 
abutments  shall  be  as  follows:  the  street  railway  shall  be 
liable  for  defects  in  the  track  and  planking  maintained 
by  it.  The  two  counties  shall  be  liable  for  defects  in  the 
planking  maintained  by  them;  and  the  street  railway  and 
the  two  counties  shall  be  jointly  liable  for  defects  in  the 
other  parts  of  the  bridge  which  are  maintained  at  their 
joint  expense. 

Section  10.  All  acts  and  parts  of  acts  inconsistent 
herewith  are  hereby  repealed. 

Section  U.     This  act  shall  take  efl'ect  upon  its  passage. 

Ajypruvcd  July  20,  1911. 


Chap.7^0 


Conaolidation 
of  tlio  lioston 
EU-vatod 
llailway  Com- 
pany and  the 
WcHt  End 
Street  llail- 
way Company 
authorized. 


An  Act  to  authorize  the  consolidation  of  properties 

AND  franchises  OF  THE  BOSTON  ELEVATED  RAILWAY  COM- 
PANY  AND   THE   WEST   END   STREET   RAILWAY   COMPANY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  West  End  Street  Railway  Company 
is  authorized  to  sell,  and  the  Boston  Elevated  Hailway 
Company  is  authorized  to  purchase  the  i)ropei'ty,  ])rivi- 
leges  and  franchises  of  the  West  End  Street  Hallway  Com- 
l)any  upon  the  terms  and  under  the  conditions  hereinafter 
set  forth,  such  sale  and  purchase,  if  made,  to  take  ell'ect 
upon  the  expiration  of  tiie  present  lease  from  the  West  End 


Acts,  1911.  — Cii.u-.  710.  915 

Street  Railway  Company  to  the  Boston  Elevated  Railway 
Company  on  the  tenth  day  of  June,  nineteen  hundred  and 
twenty -two. 

The  West  End  Street  Railway  Company  shall,  prior  to  Time  of 
the  fifteenth  day  of  September,  nineteen  hundred  and  lla'eUngto 
eleven,  hold  a  meeting  of  its  stockholders,  specially  called  queltiouretc.^ 
for  the  purpose,  to  vote  upon  the  question  whether  said 
company  shall  so  sell  its  property,  privileges  and  franchises 
to  the  Boston  Elevated  Railway  Company  upon  the  terms 
hereinafter  set  forth.  The  Boston  Elevated  Railway  Com- 
pany shall,  prior  to  the  fifteenth  day  of  September,  nineteen 
hundred  and  eleven,  likewise  hold  a  meeting,  specially  called 
for  the  purpose,  to  vote  upon  the  question  whether  said 
company  shall  so  purchase  the  property,  privileges  and 
franchises  of  the  West  End  Street  Railw^ay  Company,  If 
such  sale  and  purchase  respectively  are  so  authorized  by 
the  holders  of  not  less  than  a  majority  in  amount  of  the 
capital  stock  of  the  West  End  Street  Railway  Company 
voting  thereon  at  such  meeting,  and  by  the  holders  of  not 
less  than  a  majority  in  amount  of  the  capital  stock  of  the 
Boston  Elevated  Railway  Company  likewise  voting  thereon 
at  such  meeting,  certificates  evidencing  such  action  shall 
be  filed  with  the  secretary  of  the  commonwealth,  and  said 
sale  shall  be  made  as  authorized. 

If  the  said  sale  and  purchase  are  not  so  authorized  by  Majority  of 
the  holders  of  at  least  a  majority  in  amount  of  the  capital  ^100^0/ both 
stock  of  said  companies  voting  thereon  at  such  meetings  reqXed'I'etc. 
prior  to  said  date,  then  all  authority  hereunder  to  make 
said  sale  and  purchase  shall  cease. 

Section  2.     For  the  purpose  above  mentioned  the  Boston  capital 
Elevated  Railway  Company  is  authorized  to  increase  its  be°increaLd, 
capital  stock  by  an  amount  equal  at  par  to  the  par  value  ^'^'^• 
of  the  capital  stock  of  the  West  End  Street  Railway  Com- 
pany outstanding  at  the  time  of  purchase.     Such  new  stock 
shall  consist  of  shares  of  the  par  value  of  one  hundred  dollars 
each,  and  shall  be  divided  into  first  preferred  stock  and 
second  preferred  stock,  the  aggregate  par  value  of  the  first 
preferred   stock  to  be   equal  to   the   aggregate  par  value 
of  the  preferred   stock  of  the  West  End  Street   Railway 
Company  outstanding  at  the  date  of  purchase,   and  the 
aggregate  par  value  of  the  second  preferred  stock  to  be 
equal  to  the  aggregate  par  value  of  the  common  stock  of  the 
West   End   Street   Railway   Company  outstanding   at   the 
date  of  purchase;   and  upon  the  issue  thereof  no  other  stock 


946 


Acts,  1911.  — Cilvt.  740. 


Capital  stock 
may  ho 
increased,  etc. 


Rate  of 
dividend. 


Arhitralora 
to  l)u  np- 
jioiiilfd  l)y 
tliu  cliief 
justice  of  Iho 


slijill  thereafter  be  issued  prior  or  equal  to  such  first  pre- 
ferred and  second  preferred  stock  without  tlic  consent  of 
two  tliirds  of  the  holders  of  such  stocks  respectively.  The 
first  preferred  stock,  issued  under  and  to  carry  into  effect 
the  provisions  of  this  act,  shall  be  forever  entitled  in  pref- 
erence and  priority  over  all  other  stock  of  said  corporation 
to  semi-annual  dividends  to  be  paid  out  of  the  net  profits 
of  the  corporation  on  the  first  days  of  January  and  July 
in  each  year  at  the  rate  of  eight  per  cent  per  annum  and  no 
more,  which  dividends  shall  be  cumulative.  The  second 
preferred  stock,  issued  under  and  to  carry  into  efl'ect  the 
provisions  of  this  act,  shall  be  forever  entitled  in  preference 
and  priority  over  all  other  stock  of  said  corporations,  except 
said  first  preferre(^  stock,  to  semi-annual  dividends  to  be 
paid  out  of  the  net  profits  of  the  corporation  on  the  first 
days  of  April  and  October  in  each  year,  at  a  rate  to  be  de- 
termined as  hereinafter  provided,  which  dividends  shall  be 
cumulative.  In  case  of  dissolution  or  liquidation,  the 
holders  of  said  first  preferred  and  second  preferred  stock, 
issued  under  and  to  carry  into  effect  the  provisions  of 
this  act,  shall  be  entitled  to  the  payment  of  the  par  value 
of  their  shares  and  all  accrued  and  unpaid  dividends 
before  any  payment  is  made  to  the  holders  of  any  other 
shares,  and  the  remainder  of  the  assets  of  the  corporation 
shall  be  distributed  among  the  holders  of  the  other  stock. 
Said  first  and  second  preferred  stock  shall  have  the  same 
power  of  voting  and  transfer  as  said  other  stock,  and  shall 
be  counted  with  said  common  stock  in  all  questions  of 
majorities  and  quorums,  but  said  first  preferred  stock  shall 
not  be  entitled  to  participate  in  any  increase  or  issue  of  new 
stock,  common  or  preferred,  which  may  at  any  time  be 
made  by  said  corporation.  The  second  preferred  stock 
shall  have  the  same  right  as  the  connnon  stock  to  ])artici- 
pate  in  any  increase  or  issue  of  such  new  stock.  l)i\i(lon(ls 
on  said  first  and  second  preferred  stock  shall  accrue  from  the 
dates  of  the  last  payment  of  dividends  prior  to  the  said 
purchase  on  the  j)referred  and  connnon  stock,  respectively, 
of  the  West  End  Street  Railway  ('ompany. 

Section  3.  The  rate  of  dividend  upon  said  second  pre- 
ferred stock  shall  be  seven  per  cent  ])er  amnun  and  no  more, 
unless  a  higher  rate  is  fixed  as  hereinafter  provided. 

The  West  End  Street  Railway  Comjxiny  shall,  if  requested 
so  to  do  in  writing  between  the  fir.st  day  of  January,  nine- 
teen hundretl  and  twenty-two,  and  the  first  day  of  April, 


Acts,  1911.  — Chap.  740.  917 

nineteen  hundred   and  twentv-two,  by  the  holders  of  not  ?up?-cnie 

k,  j^       L'  -^      ii"  !•  judicial 

jss  than  ten  per  cent  oi  its  tiien  outstanding  eoinmon  stock,  court. 

make  application  on  or  before  tlie  first  day  of  April,  nineteen 
hundred  and  twenty-two,  to  the  chief  justice  of  the  supreme 
judicial  court,  who  shall  thereupon  appoint  a  board  of  three 
disinterested  arbitrators.     Said  arbitrators  shall,  as  soon  as 
may  be,  determine  whether,  in  view  of  all  pertinent  circum- 
stances, a  rate  of  dividend  upon  said  second  preferred  stock 
of  the  Boston  Elevated   Railway   Company  of  seven  per 
cent  per  annum  is  lower  than  is  fair  and  reasonable.     If 
said  arbitrators,  or  a  majority  of  them,  decide  that  such 
rate  of  seven  per  cent  is  lower  than  is  fair  and  reason- 
able, the  arbitrators  shall  determine  what  higher  rate,  not 
exceeding  in  any  case  eight  per  cent,  would  be  fair  and 
reasonable;    and  the  rate  so  fixed  shall  thereafter  be  the 
dividend  rate  upon  the  second  preferred  stock.     Said  arbi- 
trators shall  hold  public  hearings  at  which  the  stockholders 
and  tlirectors  of  the  West  End  Street  Railway  Company 
and  the  Boston  Elevated  Railway  Company,  the  mayor  of 
any  city  or  the  selectmen  of  any  town  in  which  said  West 
End  Street  Railway  Company  or  the  Boston  Elevated  Rail- 
way Company  at  that  time  holds  locations,  and  any  citi- 
zens of  any  such  city  or  town  may  be  heard;    and  at  such 
hearings  the  board  of  railroad  commissioners  shall  present 
its  views.     Said  arbitrators  may  also  resort  to  any  other 
sources  of  information  in  respect  to  the  question  submitted 
for  determination,  shall  have  authority  to  utilize  the  serv- 
ices of  the  board   of  railroad  commissioners  and  its  em- 
ployees  in   securing   such  information,   and   may   summon 
witnesses  in  behalf  of  the  commonwealth,  and  administer 
oaths  and  take  testimony.     The  fees  of  such  witnesses  for 
attendance  and  travel  shall  be  the  same  as  for  witnesses  in 
the  superior  court.     On  or  before  said  first  day  of  September, 
nineteen  hundred  and  twenty-two,  unless  such  time  is  ex- 
tended by  written  order  of  the  arbitrators,  they  shall  make 
their  determination  in  writing  in  duplicate,  one  copy  to  be 
delivered  to  the  Boston  Elevated  Railway  Company  and  the 
other  to  the  secretary  of  the  commonwealth.     In  case  any 
vacancy  shall  at  any  time  occur,  by  reason  of  the  death, 
resignation  or  inability  to  serve  of  any  arbitrator,  his  suc- 
cessor shall  be  appointed  in  the  manner  above  provided 
for  the  original  appointment  of  the  arbitrators.     Any  de- 
termination by  a  majority  of  the  arbitrators  shall  be  final 
and  conclusive.     All  fees  and  expenses  of  the  arbitrators 


us 


Acts,  1911.  —  Ciiai>.  740. 


Issue  of 
uew  stock. 


"  Non-assent- 
itis"  stock- 
holders, etc. 


shall  be  assessed  upon  the  Boston  Elevated  Railway  Com- 
pany. 

Section  4.  For  the  purpose  of  paying  for  the  prop- 
erty, privileges,  and  franchises  of  the  West  End  Street 
Railway  Company,  the  Boston  Elevated  Railway  Com- 
pany is  hereby  authorized  to  issue  and  deliver  to  the  West 
End  Street  Railway  Company  at  any  time  after  April  one, 
nineteen  hundred  and  twenty-two,  the  amount  of  first  and 
second  preferred  stock  issued  as  above  stated,  and  the 
West  End  Street  Railway  Company  is  hereby  authorized 
to  receive  such  stock  in  full  payment  for  its  property, 
privileges  and  franchises,  subject  to  its  existing  indebt- 
edness and  liabilities,  and  to  distribute  the  same  among 
its  own  stockholders  in  the  manner  following :  —  To  deliver 
to  each  of  the  holders  of  its  own  preferred  stock  an  equal 
amount  at  par  of  the  first  preferred  stock  of  the  Boston 
Elevated  Railway  Company,  and  to  the  holders  of  its  own 
common  stock  an  equal  amount  at  par  of  the  second  pre- 
ferred stock  of  the  Boston  Elevated  Railway  Company. 
Upon  such  delivery  the  holders  of  stock  of  the  West  End 
Street  Railway  Company  shall  surrender  their  shares  of 
stock  in  the  West  End  Street  Railway  Company  to  the 
treasurer  of  the  West  End  Street  Railway  Company  who 
shall  cancel  the  same  as  well  as  any  shares  delivered  to 
that  company  under  the  provisions  of  the  following  sec- 
tions. Such  provision  shall  be  made  as  may  be  agreed  upon 
by  the  directors  of  said  corporations  for  the  issue  of  receipts 
for  fractions  of  shares  and  their  conversion  into  full  shares. 

Section  5.  Any  stockholder  of  the  West  End  Street 
Railway  Company,  who  at  the  meeting  provided  for  in 
section  one  votes  against  the  sale  authorized  by  this  act, 
may,  within  thirty  days  after  the  day  of  said  meeting,  file 
with  the  clerk  of  said  company  a  writing  declaring  his 
opposition  to  the  sale,  and  stating  the  number  of  shares 
held  by  him,  and  the  number  or  numbers  of  the  certificate 
or  certificates  eviilencing  the  same,  and  shall  at  the  same 
time  present  to  said  clerk  the  certificate  or  certificates  of 
stock  evidencing  said  shares  to  be  stamped  as  "non-as- 
senting." 

Upon  transfer  thereafter  of  any  share  or  shares  the  cer- 
tificate or  certificates  evidencing  which  are  so  stamped 
"non-assenting",  the  certificates  ft)r  said  shares  issued  to 
the  transferee  shall  in  all  cases  be  likewise  stamped 


non- 


assenting",   and   the   holder   of   such   shares   shall   not   be 


Acts,  1911.  — Chap.  740.  949 

entitled,  at  the  time  when  the  purchase  and  sale  author- 
ized by  section  one  of  this  act  take  effect,  to  receive  in  ex- 
change therefor  either  first  or  second  preferred  stock  of  the 
Boston  Elevated  Railway  Company,  but  shall  be  entitled  to 
receive  the  cash  value  of  said  shares  to  be  determined  as  pro- 
vided in  section  six.  The  clerk  of  the  West  End  Street  Rail- 
way Company  shall  at  all  times  keep  a  separate  record  of 
certificates  outstanding  stamped  "non-assenting",  and  du- 
plicates of  such  record  shall  be  filed  from  time  to  time  with 
the  Boston  Elevated  Railway  Company.  Any  stockholder 
who  at  the  time  of  the  meeting  provided  for  in  section  one 
is  legally  incapacitated  from  acting  for  himself  and  has  no 
legal  representative,  may,  within  thirty  days  after  the  re- 
moval of  such  incapacity,  file  said  declaration  of  opposition 
with  the  same  effect  as  if  he  had  voted  against  said  sale. 

Section    6.     Any  stockholder  of  the  West  End  Street  share  of 
Kailway  Company  who  owns  any  share  or  shares  oi  its  ing"  stock- 
stock,     the    certificates    evidencing    which    are    stamped  valued,  etc'^ 
"non-assenting",    as   above   provided,    may    at   any    time 
between    January    one,    nineteen    hundred    and    tw^enty- 
two,    and   April   one,    nineteen   hundred   and   twenty-two, 
request    that    his    said   shares    be    valued    as    hereinafter 
provided,  and  the  value  thereof  shall  in  such  case  he  paid, 
tendered,  or  deposited  to  or  for  the  account  of  such  holder 
in  the  manner  following: 

The  stockholder  may  file  a  petition  in  the  supreme  ju-  vaiue  may  he 
dicial  court  within  and  for  the  county  of  Suffolk  setting  by  tLTc"oult, 
forth  the  material  facts,  and  asking  that  the  value  of  his  ®*''" 
shares  may  be  determined.  Thereupon,  and  upon  such 
notice  to  all  parties  concerned  as  it  may  deem  proper,  the 
court  shall  pass  an  order  requiring  the  certificate  or  cer- 
tificates evidencing  such  shares,  and  duly  endorsed,  to  be 
deposited  with  the  clerk  of  the  court,  and  shall  appoint 
three  commissioners  to  ascertain  and  report  the  value  of 
the  shares.  The  report  shall  be  made  to  the  court  as  soon 
as  is  practicable,  and,  after  due  notice  to  the  parties  in  in- 
terest, shall  be  confirmed  by  the  court  unless  some  error  of 
law  be  made  to  appear  upon  the  face  of  the  report,  in  which 
event  it  shall  be  recommitted  to  the  commissioners  with 
such  order  as  the  court  may  make,  or  unless  either  of  the 
parties  to  said  proceedings  shall  claim  a  trial  by  jury,  in 
which  latter  event  the  court  shall  order  the  question  of  the 
value  of  the  shares  to  be  tried  and  determined  by  a  jury 
in  the  superior  court  in  the  same  manner  in  which  other 


950 


Acts,  1911.  —  Citap.  740. 


Ij lability  to 
holders  of 
shares,  etc. 


"  Non-assent- 
ing" shares  to 
become  the 
property  of  the 
West  End 
Street  Rail- 
way Com- 
pany, etc. 


Exceptions. 


civil  cases  are  tried  in  that  court.  Any  stockholder  who 
holds  shares  the  certificates  evidencing  which  are  stamped 
"non-assenting",  and  who,  during  said  period  between  the 
first  day  of  January,  nineteen  hundred  and  twenty-two, 
and  the  first  day  of  April,  nineteen  hundred  and  twenty- 
two,  is  legally  incapacitated  from  acting  for  himself  and  has 
no  legal  representative,  may  file  the  said  petition  in  the 
supreme  judicial  court  within  ninety  days  after  the  remo\al 
of  such  incapacity  by  the  appointment  of  a  legal  representa- 
tive or  otherwise. 

The  Boston  Elevated  Railway  Company  shall  be  liable 
for,  and  shall  pay  all  sums  found  due  and  payable  to  all 
holders  of  shares  in  the  proceedings  aforesaid,  including  such 
interest,  cost  and  expenses  as  the  court  may  order  and  shall 
likewise  furnish  such  security  for  the  said  payment  as  the 
court  may  order.  For  the  purpose  of  the  foregoing  section, 
the  value  of  the  shares  of  the  West  End  Street  Railway  Com- 
pany shall  neither  be  increased  nor  diminished  by  reason 
of  the  provisions  of  this  act  or  by  the  consolidation  herein 
provided  for. 

Section  7.  Upon  payment,  or  tender  or  deposit  with 
the  clerk  of  the  court  of  the  value  of  said  shares  fixed  as  afore- 
said, such  "non-assenting"  shares  and  the  certificate  or 
certificates  thereof  shall  become  the  property  of  and  shall  be 
transferred  and  delivered  to  the  West  End  Street  Railway 
Company,  whose  right  and  title  to  receive  the  same  and  to 
hold  possession  thereof  may  be  enforced  by  the  court  by 
any  appropriate  process,  and  the  West  End  Street  Railway 
Company  shall,  upon  such  payment  or  tender  or  dejwsit 
redeliver  to  the  Boston  Elevated  Railway  Company  the 
first  or  second  preferred  shares  to  which  the  holder  of  such 
"non-assenting"  shares  would  have  been  entitled,  and  the 
Boston  Elevated  Railway  Company  may  sell  the  same  in 
the  manner  and  subject  to  the  requirements  prescribed  by 
law,  and  apply  the  proceeds,  so  far  as  necessary,  toward 
the  reimbursement  of  the  comjiany  for  such  payment  or 
tondor  or  deposit.  If  s\ich  proceeds  are  insufficient  to  re- 
imburse the  company  for  such  payment  or  tender  or  deposit, 
the  company  may,  in  the  manner  and  subject  to  the  require- 
ments prescribed  by  law,  issue  additional  bonds  or  stock, 
or  both,  so  far  as  may  be  necessary  to  provide  for  such  reim- 
bursement. 

Excci-jtious  may  be  taken  to  any  ruling  or  order  ol"  said 
court,  to  be  heard  and  determined  as  in  other  ci\il  cases. 


Acts,  1911.  — Chap.  740.  951 

The  court  may  make  all  such  orders  for  the  enforcement 
of  the  rights  of  any  party  to  the  proceedings,  for  consolida- 
tion of  two  or  more  petitions  and  their  reference  to  the 
same  commissioners,  for  the  consolidation  of  claims,  for  a 
trial  by  jury,  for  deposit  of  money  in  court,  and  for  the  pay- 
ment of  interest  upon  the  value  of  the  stockholders'  shares 
as  determined,  and  the  payment  of  costs  by  one  party  to  the 
other,  as  justice  and  the  speedy  settlement  of  the  matters 
in  controversy  may  require. 

Section  8.  After  the  necessary  consent  of  the  stock-  After  con- 
holders  of  the  West  End  Street  Railway  Company  and  of  Stockholders 
the  Boston  Elevated  Railway  Company  has  been  given  ^c*''stock' 
to  the  purchase  and  sale  authorized  by  section  one  of  this  changcni!etc. 
act,  any  holder  of  common  or  preferred  stock  of  the  West 
End  Street  Railway  Company  may,  on  or  before  the  tenth 
day  of  June,  nineteen  hundred  and  twenty-two,  exchange 
his  stock  for  an  equal  amoimt  at  par  of  the  common  stock 
of  the  Boston  Elevated  Railway  Company;  and,  after  the 
tenth  day  of  June,  nineteen  hundred  and  twenty-two,  any 
holder  of  the  first  or  second  preferred  stock  of  the  Boston 
Elevated  Railway  Company  may  exchange  such  first  or 
second  preferred  stock  for  an  ec^ual  amount  at  par  of  the 
common  stock  of  the  Boston  Elevated  Railway  Company. 
The  stock  of  the  West  End  Street  Railway  Company  so 
exchanged  shall  be  held  by  the  Boston  Elevated  Railway 
Company,  and  shall  not  be  sold  or  incumbered  without  the 
consent  of  the  board  of  railroad  commissioners,  and  the 
market  value  thereof  shall  l)e  deducted  from  the  value  of 
the  corporate  franchise  of  the  Boston  Elevated  Railway 
Company  for  the  purpose  of  ascertaining  the  amount  of 
the  tax  on  its  corporate  franchise.  Upon  the  tenth  day  of 
June,  nineteen  hundred  and  twenty-two,  all  West  End  stock 
so  acquired  shall  be  cancelled,  and  shall  not  be  taken  into 
account  in  determining  the  aggregate  par  value  of  the  first 
preferred  and  the  second  preferred  stock  to  be  issued  by  the 
Boston  Elevated  Railway  Company  and  delivered  to  the 
West  End  Street  Raihvay  Company  under  the  provisions 
of  this  act. 

In  case  of  the  exchange  of  first  or  second  preferred  stock  certain  stock 
of   the   Boston   Elevated    Railway   Company   for   common  ceiled,  etc. 
stock  of  that  company,  the  first  or  second  preferred  stock  so 
exchanged  shall  be  cancelled  and  no  other  first  or  second 
preferred  stock  shall  be  issued  in  its  place.     The  Boston 
Elevated  Railway  Company  is  hereby  authorized  to  increase 


952 


Acts,  1911.  — Chap.  740. 


Cash  adjust- 
ment in 
respect  to 
dividends, 
etc. 


Sale  and 
purchase,  etc. 


its  common  stock  from  time  to  time  for  the  purpose  of 
effecting  the  exchange  herein  provided  for. 

In  connection  with  the  excliange  of  the  stock  of  the  West 
End  Street  Railway  Company  for  the  stock  of  the  Boston 
Elevated  Railway  Company,  or  of  the  first  and  second  pre- 
ferred stock  of  the  Boston  Elevated  Railway  Company  for 
common  stock  of  that  company,  there  shall  be  a  cash  adjust- 
ment in  respect  of  the  accrued  and  unpaid  dividends  upon 
the  stock  of  the  West  End  Street  Railway  Company  and 
the  Boston  Elevated  Railway  Company  respectively,  and  if 
the  parties  are  unable  to  agree  upon  such  adjustment  the 
same  shall  be  determined,  upon  the  application  of  either 
party,  by  the  board  of  railroad  commissioners. 

Section  9.  If  the  necessary  consent  of  the  stockholders 
of  the  West  End  Street  Railway  Company  and  of  the  Boston 
Elevated  Railway  Company  shall  be  given  to  the  purchase 
and  sale  authorized  by  section  one  of  this  act,  the  West 
End  Street  Railway  Company  shall  forthwith  sell,  and  the 
Boston  Elevated  Railway  Company  shall  forthwith  pur- 
chase, all  the  real  estate  of  the  West  End  Street  Railway 
Company  which  is  not  required  in  the  conduct  of  the  busi- 
ness of  said  companies  or  either  of  them,  for  such  price  as 
the  companies  may  agree  upon.  If  the  companies  are  unable 
to  agree  either  upon  what  real  estate  is  not  required  for  the 
conduct  of  said  business,  or  upon  the  price  to  be  paid  there- 
for, the  same  shall  be  determined,  upon  the  api)lication  of 
either  company,  by  the  board  of  railroad  commissioners. 
The  proceeds  of  said  sale  to  an  amount  not  exceeding  one 
million  five  hundred  thousand  dollars  shall  be  held  as  a 
special  trust  fund  by  the  Boston  Elevated  Railway  Company 
and  be  invested  by  it  and  allowed  to  accumulate  until  the 
tenth  day  of  June,  nineteen  hundred  and  twenty-two. 
Thereafter  the  Boston  Elevated  Railway  Company  shall 
continue  to  invest  said  fund  with  its  accumulations  to  that 
date,  and  shall  apply  the  annual  income  thereof  to  the  pur- 
chase and  retirement  of  second  j:)referrcd  stock  of  the  Boston 
Elevated  Railway  Company  issued  under,  and  to  carry  into 
eflt'ect,  the  purposes  of  this  act.  Such  stock  shall  be  pur- 
chased by  the  Boston  Elevated  Railway  Company  as  cheaply 
as  possible  after  tenders  have  publicly  been  invited.  No 
part  of  said  fund  or  its  income  shall  be  used  for  any  other 
purpose  except  for  the  retircnuMit  of  the  aforesaid  second 
l)referre(l  stock  of  the  l^ostoii  l''levatcd  Railway  Conii)aiiy, 
in  ease  said  i^urchase  and  sale  are  ell'ected. 


Acts,  1911.  — Chap.  740.  95)] 

Any  second  preferred  stock  so  purchased  shall  be  can-  Certain  stock 
celled  and  no  other  second  preferred  stock  shall  be  issued  ociudl'etc. 
in  its  place.  When  all  the  second  preferred  stock  has  either 
been  converted  into  common  stock  of  the  Boston  Elevated 
Railway  Company  or  has  been  retired  as  hereinbefore 
provided,  or  otherwise,  said  fund,  with  its  accumulations, 
shall  be  applied  by  the  Boston  Elevated  Railway  Company  to 
any  purpose  for  which  its  stock  and  bonds  can  legally  be  issued. 

Section  10.  Upon  the  taking  effect  of  the  purchase  Resnonsiitiiity 
and  sale  authorized  by  section  one  of  this  act  the  Boston  iTessana'''^'^" 
Elevated  Railway  Company  shall  assume  and  be  respon-  '■'*'"'""■«■  t^^. 
sible  for  all  the  indebtedness  and  lial^tilities  of  the  West 
End  Street  Railway  Company,  and  shall,  in  respect  to 
the  construction,  operation  and  maintenance  of  street 
railways,  succeed  to  all  the  powers,  privileges,  rights  and 
franchises,  and  be  subject  to  all  the  duties,  obligations, 
restrictions  and  liabilities  of  said  West  End  Street  Rail- 
way Company,  so  far  as  the  same  are  not  in  conflict  with 
the  provisions  of  law  then  applicable  to  street  railways 
owned,  leased  or  operated  by  the  Boston  Elevated  Railway 
Company.  All  rights  or  claims  of  either  the  West  End 
Street  Railway  Company  or  the  Boston  Elevated  Railway 
Company  against  the  other,  whether  arising  out  of  the 
lease  executed  between  them  December  nine,  eighteen 
hundred  and  ninety-seven,  or  otherwise,  as  they  respec- 
tively may  be  at  the  time  of  the  said  purchase  shall  be  deemed 
to  be  satisfied  and  extinguished  by  the  said  purchase  and 
sale:  provided,  hoivevcr,  that  the  Boston  Elevated  Railway  Proviso. 
Company  may,  subject  to  the  approval  of  the  board  of 
railroad  commissioners,  issue  additional  stock  or  bonds,  or 
both,  to  provide  means  for  paying  for  permanent  additions 
to,  and  alterations  and  improvements  in  the  property  of 
the  West  End  Street  Railway  Company  made  prior  to  the 
said  purchase,  and  for  which  it  shall  not  have  been  reimbursed 
by  the  West  End  Street  Railway  Company. 

Section    11.     The  provisions  of  this  act  shall  not  be  Certain 
construed  as,  nor  taken  to  be,  an  extension  for  any  pur-  th^connnon- 
pose  of  the  twenty-five  year  period  fixed  by  section  ten  rmpairedfetc. 
of  chapter  five  hundred  of  the  acts  of  the  year  eighteen 
hundred  and   ninety-seven,   and   shall   not  in  any  respect 
impair  or  abridge  any  power  of  the  commonwealth  or  other 
public  authority  which  would  otherwise  exist  to  revoke  or 
modify  any  franchises,  rights  or  privileges  now  or  hereafter 
enjoyed  by  said  companies  or  either  of  them. 


954 


Acts,  1911.  — Chap.  740. 


Certain 
authority  for 
the  construc- 
tion of 
tvinneis,  etc., 
to  cease,  etc. 


No  rights, 
etc.,  to  be 
acfiviired 
iinli'sa  ex- 
pressly 
granted. 


Facilities  and 
rates,  etc. 


Default  under 

existing 
lease,  etc. 


Extension  of 
contract,  etc. 


Provi.so. 


Section  12.  Upon  the  close  of  the  tenth  day  of  June, 
nineteen  hundred  and  twenty-two,  all  authority  granted 
to  the  West  End  Street  Railway  Company  by  sections  five 
and  six  of  chapter  four  hundred  and  thirteen  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-seven  to  construct 
and  maintain  tunnels,  and  all  authority  granted  to  said 
company  under  chapter  four  hundred  and  fifty-four  of  the 
acts  of  the  year  eighteen  hundred  and  ninety  to  construct 
and  operate  a  system  of  elevated  railroads  shall  cease. 

Section  13.  The  Boston  Elevated  Railway  Company 
shall  not  with  respect  to  any  street  railway  at  any  time 
owned,  leased  or  operated  by  it,  other  than  the  street  rail- 
ways acquired  from  the  West  End  Street  Railway  Com- 
pany, acquire  by  virtue  of  this  act  any  rights  or  privileges 
in  addition  to  those  already  possessed  or  enjoyed  by  it 
except  such  as  are  expressly  granted  herein. 

Section  14.  The  facilities  for  travel  on  the  railways 
now  or  hereafter  operated  by  the  Boston  Elevated  Railway 
Company,  shall  not  be  diminished  nor  the  rates  of  fare 
increased  by  reason  of  this  act  or  of  the  purchase  and  sale 
herein  authorized. 

Section  15.  If  the  Boston  Elevated  Railw^ay  Company 
shall  at  any  time  make  any  default  under  the  existing  lease 
from  the  West  End  Street  Railway  Company  to  it  whereby 
the  West  End  Street  Railway  Company  may  become  entitled 
to  terminate  said  lease,  or  if  the  Boston  Elevated  Railway 
Company  should  become  bankrupt,  or  if  the  Boston  ICle- 
vated  Railway  Company  shall  fail  to  fm-nish  such  security 
as  the  court  may  order  for  the  payment  of  any  sums  found 
due  to  the  holders  of  non-assenting  shares  as  provided  for 
in  section  six,  then,  in  either  of  said  cases,  the  West  I'jid 
Street  Railway  Company  shall  be  relieved  from  its  obli- 
gations to  sell  its  property  and  franchises  to  the  Boston  Ele- 
vated Railway  Company,  as  herein  provided,  and  the  fund 
provided  for  in  section  nine  shall  be  transferred  to  the  West 
Liiid  Street  Railway  Company. 

Skction  16.  If  the  necessary  consent  of  the  stock- 
holders of  the  West  1^'nd  Street  Railway  Company  and 
the  Boston  Elevated  Railway  Comj^any  shall  be  gWvn  to 
the  purchase  and  sale  authorized  in  section  one  of  this 
act,  the  Boston  Elevated  Railway  Company  may,  in  its 
own  name,  execute  an  extension  of  the  contract  for  the 
use  of  the  Tremont  street  subway:  provided,  that  such 
extcn.sion  shall  contain  an  exi)ress  provision  to  the  ellect 


Acts,  1911.  — Chap.  741.~Pakt  I.  955 

that  the  use  and  control  of  said  subway,  under  such  exten- 
sion, is  subject  to  the  rights  of  the  West  End  Street  Rail- 
way Company  under  Article  II  of  the  existing  lease  from 
the  West  End  Street  Railway  Company  to  the  Boston 
Elevated  Railway  Company,  and  the  insertion  of  said  pro- 
vision shall  be  deemed  a  full  compliance  with  that  part 
of  Article  II  which  requires  the  embodiment  in  any  renewal 
or  extension  of  said  subway  contract  of  stipulations  sat- 
isfactory to  the  West  End  Street  Railway  Company  pro- 
viding for  the  use  and  control  of  said  Tremont  street  subway 
by  the  West  End  Street  Railway  Company  upon  the  expira- 
tion or  earlier  termination  of  the  lease. 

Changes  and  alterations  may  be  made  in  the  Tremont  changes  and 
street  subway,  so  far  as  may  be  expedient  in  connection  subway°"et,c° 
with  the  construction  of  the  proposed  Boylston  street  sub- 
way, and  whenever  the  use  and  control  of  the  Tremont 
street  subwav  shall  revert  to  the  West  End  Street  Railwav 
Company,  if  two  of  the  tracks  therein  are  then  operated 
as  a  part  of  or  in  connection  with  the  Boylston  street  sub- 
way, the  West  End  Street  Railway  Company  shall  accept 
as  a  substitute  therefor  the  two  additional  tracks  which  have 
been  constructed  to  be  operated  as  a  part  of,  or  in  con- 
nection with,  the  Tremont  street  subway. 

Section  17.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  20,  1911. 

An  Act  relative  to  electric  railway  transportation  ni.nn  741 

FACILITIES   IN  THE   CITY   OF   BOSTON  AND   ITS  VICINITY.  ^  ' 

Be  it  enacted,  etc.,  as  follows : 

Part  I. 

RELATIVE    TO    THE    CONSTRUCTION    OF    ADDITIONAL    TUNNELS 
OR   SUBWAYS   IN  THE   CITY   OF   BOSTON. 

Dorchester  Tunnel. 

Section     1.     The    Boston    transit    commission    (herein-  construction 
after  called  the  commission)  shall  construct  in  the  city  of  umneis^o""^' 
Boston   (hereinafter  called  the  city)   a  tunnel   (hereinafter  cltyT/Bost^n^ 
called  the  Dorchester  tunnel)  designed  to  contain  two  rail- 
way tracks  connecting  with  the  tracks  in  the  Park  street 
station  of  the  Cambridge  connection,  so-called,  under  Boston 
Common  and  Tremont  street,  and  being  an  extension  of 
said    Cambridge   connection,    forming   a    continuous    route 


95G 


Acts,  1911.  —  CiiAr.  741.  —  Pakt  I. 


Compensation 
for  injury  to 
property,  etc. 


BoEinnins  of 
work  of  con- 
Btruction,  t'tc. 


therewith  and  running  under  Winter  and  Summer  streets 
to  Dewey  square,  and  thence  by  such  route  as  may  be 
approved  by  the  commission,  to  a  point  at  or  near  the 
junction  of  Dorchester  avenue  and  Broadway  in  South 
Boston;  thence  in,  under  or  near  Dorchester  avenue  to  a 
point  in,  at  or  near  Andrew  square  in  Dorchester,  together 
with  stations  at  or  near  the  corner  of  Wasliington  street 
and  Summer  street,  at  or  near  the  South  station,  at  or  near 
the  corner  of  Broadway  and  Dorcliester  avenue,  and  in,  at 
or  near  Andrew  square,  and  passageway'  connections  with 
the  Tremont  street  subway  and  tlie  Washington  street  tiui- 
•nel  and  the  South  station;  and  the  commission  in  connec- 
tion therewith  may  make  such  alterations  or  enlargements 
of  the  present  Park  street  station  of  the  Tremont  street 
subway,  and  of  the  exits  and  entrances  from  and  to  such 
station,  and  of  the  station  now  being  constructed  at  or  near 
the  Junction  of  park  and  Tremont  streets  for  the  tunnel 
of  the  Cambridge  connection,  so-called,  and  of  the  exits 
and  entrances  therefrom  and  thereto,  as  the  commission 
may  deem  necessary  or  advisable. 

With  the  consent  of  the  Boston  Terminal  Company,  the 
New  York,  New  Haven  and  Hartford  Railroad  Company 
and  the  Boston  and  Albany  Railroad  Company,  or  with 
the  consent  of  the  board  of  railroad  commissioners  (here- 
inafter called  the  board),  said  tunnel  may  be  constructed 
across  or  under  property  owned  or  occupied  by  the  last 
named  corporations,  but  in  that  event  said  corporations 
shall  be  entitled  to  recover  compensation  for  any  injury 
to  their  property  to  the  same  extent  as  private  persons  from 
whom  takings  may  be  made  for  the  piu-poses  of  said  tunnel. 

Section  2.  The  commission  shall  not  begin  the  work 
of  construction  imtil  it  has  filed  in  the  office  of  the  com- 
missioner of  public  works  of  the  city  a  plan,  signed  by  the 
commission,  showing  the  proposed  route,  and  the  general 
form  and  method  of  construction,  the  location  of  proposed 
tracks,  stations,  approaches  and  connections,  and  the  align- 
ment and  grade,  which  plan  shall  be  submitted  to  the  Boston 
Elevated  Railway  Company  (hereinaftiM-  called  the  "com- 
pany", which  term  shall  be  deemed  to  include  its  successors 
or  assigns)  for  its  examination,  nor  until  the  contract  here- 
inafter mentioned  for  the  use  of  said  Dorchester  tunnel 
has  been  executed.  Any  such  plan  so  filed  may  be  altered 
at  any  time  by  a  new  ])lan  signed,  submitted  and  filed  in 
like  manner. 


Acts,  1911.  — CiiAr.  741.  — PiUrr  I.  957 

Section  3.  Within  the  time  and  upon  the  terms  speci-  Contract,  etc. 
fied  in  Fart  II  of  this  act,  the  commission,  in  the  name  and 
on  behalf  of  the  city  of  Boston,  and  the  company,  shall  exe- 
cute a  contract  in  writing  for  the  sole  and  exclusive  use  of 
the  tunnel  by  the  company  for  the  running  of  its  cars 
therein,  and  for  such  other  uses  as  the  commission  and  the 
company  may  agree  upon,  for  a  term  of  years  and  at  an 
annual  rental  as  specified  in  Part  II  of  this  act,  and  upon 
such  other  provisions  and  conditions  not  affecting  the  term 
or  rental,  and  following  the  form  of  the  contract  made  by 
and  between  the  city,  acting  by  the  commission,  and  the 
company  for  the  use  of  the  Washington  street  tunnel,  so 
far  as  the  same  may  be  applicable,  as  the  commission  and 
the  company  may  agree  upon,  or,  in  case  of  difference, 
as  the  board  may  determine.  The  provisions  of  Part  I  of 
this  act  in  so  far  as  they  declare,  define  or  establish  the  terms 
and  conditions  for  the  construction,  tenure,  maintenance 
and  operation  of  the  tunnel  shall  be  embodied  in  and  made 
a  part  of  said  contract.  The  use  of  the  tunnel  shall  begin 
when,  in  the  opinion  of  the  commission,  a  reasonable  time 
after  completion  has  been  allowed  for  equipment.  The 
net  cost  thereof  shall  be  deemed  to  include,  except  as  is 
otherwise  provided  herein,  all  expenditures  incurred  in 
acquisition  and  construction,  including  damages,  expenses 
and  salaries  of  the  commission  and  the  interest  on  the  debt 
incurred  in  construction  prior  to  the  beginning  of  the  use, 
and  shall  also  include  all  expenses  already  incurred  under 
the  provisions  of  chapter  ninety-four  of  the  resolves  of  the 
year  nineteen  hundred  and  ten. 

Section  4.  The  treasurer  of  the  city  of  Boston  shall  Dorchester 
from  tmie  to  tunc,  on  request  oi  the  commission,  issue  and  Bonds. 
sell  at  public  or  private  sale  the  bonds  of  the  city,  registered 
or  with  interest  coupons  attached,  as  he  may  deem  best,  to 
an  amount  not  exceeding  the  cost  of  the  tunnel  provided 
for  by  section  one  of  this  act.  Such  bonds  shall  be  designated 
on  their  face  "Dorchester  Tunnel  Bonds";  shall  be  for  such 
terms  not  exceeding  forty-five  years,  as  the  mayor  and  treas- 
urer of  the  city  may  determine;  and  shall  bear  interest 
payable  semi-annually,  at  such  rate,  not  exceeding  four  per 
cent  per  annum,  as  the  treasurer  shall  determine.  The  pro- 
ceeds of  such  bonds,  including  any  premiums  realized  from 
the  sale  thereof  shall  be  used  to  meet  all  damages,  costs  and 
expenses  incurred  by  the  commission  or  by  the  city  in 
carrying  out  the  provisions  of  this  act  for  the  construction  of 


958  Acts,  1911.  — CiiAr.  741.  — Part  I. 

the  Dorchester  tunnel.  The  proceeds  from  any  sale  or  sales 
of  lands  or  rights  taken,  or  acquired  by  purchase  or  other- 
wise under  authority  of  this  act  for  the  construction  of  said 
tunnel  shall  be  used  for  the  same  purpose  as  the  rentals  of 
said  tunnel,  or  shall  be  used  for  the  payment  of  expenditures 
incurred  for  construction,  as  the  commission  may  determine. 
All  rentals,  tolls,  percentages  or  other  annual  compensation 
received  by  the  city  for  any  use  of  the  tunnel  under  this  act, 
or  for  any  use  of  any  lands  or  rights  acquired  under  the 
provisions  of  this  act  for  the  Dorchester  tunnel  shall  be  used 
in  the  first  instance  for  the  payment  of  interest  on  the  bonds 
issued  for  the  cost  of  said  tunnel,  and  the  balance  shall  be 
used  for  the  purposes  specified  in  Part  II  of  this  act.  Any 
interest  received  by  the  city  upon  the  i)roceeds  of  the  bonds 
prior  to  the  expenditure  of  such  proceeds  shall  be  credited 
against  interest  during  construction  in  ascertaining  the  net 
cost  of  the  tunnel.  The  city  shall  have,  hold  and  enjoy  in 
its  private  or  proprietary  capacity,  for  its  own  property,  the 
said  tunnel  and  subway  and  all  rents,  tolls,  income  and 
profits  from  all  contracts  entered  into  by  it  for  the  use  of 
said  sul)way  or  tunnel  or  any  part  thereof,  and  the  same 
shall  never  be  taken  by  the  commonwealth  except  on  pay- 
ment of  just  compensation. 

BOYLSTON   STREET  SUBWAY. 

c^nstTuction  Section  5.     Tlic  commission  shall  construct  in  the  city 

strcut  suLiway,  ()f  Bostou  a  subway  (hereinafter  called  the  Boylston  street 
subway)  so  designed  as  to  be  adapted  to  contain  two  railway 
tracks,  commencing  with  an  open  cut  at  or  near  the  junction 
of  Commonwealth  avenue  and  Beacon  street,  thence  con- 
tinuing to,  in,  and  under  Commonwealth  avenue,  Charlcsgate 
west,  the  Fenway,  Charlesgate  east,  Newbury  street,  crossing 
under  Massachusetts  avenue;  thence  passing  under  or  across 
private  land  and  land  of  the  city  of  Boston  to  a  point  imder 
Boylston  street  near  Hereford  street;  thence  imder  Boylston 
street  to  a  point  at  or  near  its  junction  with  Arlingtcni  street; 
thence  in  and  under  public  ways  and  public  or  i)rivatc  lands 
by  such  route  as  the  commission  may  determine,  to  a  point 
at  or  near  the  junction  of  Boylston  street  and  Tremont 
street,  and  thence  in  or  imder  Tremont  street  and  jniblic 
lands  to  a  point  at  or  near  the  Park  street  station  of  the 
Tremont  street  subway,  together  with  stations  at  INIassachu- 
setts  avenue,  at  Copley  scpiare,  at  or  near  the  corner  of 


etc. 


Acts,  1911.  — Chap.  741.  — Part  I.  959 

Boylston  and  Tremont  streets,  and  at  or  near  Park  street. 
Instead  of  constructing  said  subway  as  a  continuous  line 
from  Arlington  street  to  Park  street  station,  the  commission 
may  connect  said  subway  at  or  near  the  junction  of  Boylston 
street  and  Tremont  street  with  the  tracks  of  the  present 
Tremont  street  subway,  and  between  that  point  and  the 
Park  street  station  may  either  enlarge  the  present  Tremont 
street  subway  so  as  to  provide  for  two  additional  tracks,  or 
may  construct  a  separate  subway  adapted  to  contain  two 
railway  tracks,  connecting  the  same  with  the  present  Tre- 
mont street  subway  and  the  tracks  located  therein. 

The  cost  of  enhirging  the  Tremont  street  subway,  if  that 
is  done,  or  of  building  said  separate  subway,  as  above  pro- 
vided, shall  be  included  in  the  cost  of  the  Boylston  street 
subway. 

Any  tunnel  or  subway  construction  under,  or  within  one 
hundred  feet  of,  Boston  Common  shall  be  made,  so  far  as  is 
practicable,  water  tight,  and  the  w^ork  shall  be  so  done  as 
to  avoid  the  drainage  of  moisture  from  tlie  surrounding  soil, 
or  other  injury  to  the  trees;  and  the  commission  may  con- 
struct a  suitable  system  of  sub-soil  irrigation  above  or  near 
the  line  of  any  section  of  said  subway  constructed  under  the 
common,  or  may  take  any  other  measures  which  it  may  deem 
expedient  for  the  preservation  of  the  trees,  to  be  paid  for  as 
a  part  of  the  cost  of  the  subway.  The  commission  shall  not 
erect  any  additional  permanent  structures  above  the  surface 
of  the  common. 

Section  G.  The  commission  shall  not  begin  the  work  of  '^j^^  ^  ^^ 
construction  until  it  has  filed  in  the  office  of  the  commissioner 
of  pul)]ic  W'Orks  of  the  city  a  plan  signed  by  the  commission 
showing  the  proposed  route,  and  the  general  form  and 
method  of  construction,  the  location  of  proposed  tracks, 
stations  and  approaches  and  the  alignment  and  grade,  which 
plan  shall  be  submitted  to  the  company  for  its  examination, 
nor  until  the  contract  hereinafter  mentioned  for  the  use  of 
said  Boylston  street  subway  has  been  executed.  Any  such 
plan  so  filed  may  be  altered  at  any  time  by  a  new  plan  signed, 
submitted  and  filed  in  like  manner. 

Section  7.  Within  the  time,  and  upon  the  terms  specified  contract  for  uae 
in  Part  II  of  this  act,  the  commission,  in  the  name  and  on 
behalf  of  the  city  of  Boston,  and  the  company,  shall  execute 
a  contract  in  writing  for  the  sole  and  exclusive  use  of  the 
subway  by  the  company  for  the  running  of  its  cars  therein, 
and  for  such  other  uses  as  the  commission  and  the  company 


9G0 


Acts,  1011.  —  Ciiai\  741.  — Pakt  I. 


contnict  for  use  may  Rgrce  upon,  for  a  term  of  years,  and  at  an  annual 
rental  as  specified  in  Part  II  of  this  act,  upon  such  provisions 
and  conditions,  not  affecting  the  term  or  rental,  and  following 
the  form  of  the  contract  made  by  and  between  the  city, 
acting  by  the  commission,  and  the  comjmny  for  the  use  of  the 
Washington  street  tunnel,  so  far  as  the  same  may  be  ap- 
plicable, as  the  commission  and  the  company  may  agree 
upon,  or  in  case  of  difference  as  the  board  may  determine. 
The  provisions  of  Part  I  of  this  act  in  so  far  as  they  declare, 
define  or  establish  the  terms  and  conditions  for  the  con- 
struction, tenure,  maintenance  and  operation  of  the  subway 
shall  be  embodied  in  and  made  a  part  of  said  contract.  The 
use  of  the  subway  shall  begin  when,  in  the  opinion  of  the 
commission,  a  reasonable  time  after  completion  has  been 
allowed  for  equipment.  The  net  cost  thereof  shall  be  deemed 
to  include,  except  as  is  otherwise  provided  herein,  all  ex- 
penditures incurred  in  acquisition  and  construction,  including 
damages,  expenses  and  salaries  of  the  commission,  and  the 
interest  on  the  debt  incurred  in  construction  prior  to  the 
beginning  of  the  use,  and  shall  also  include  all  expenses 
already  incurred  in  connection  with  the  Riverbank  subway 
authorized  by  chapter  five  hundred  and  seventy-three  of  the 
acts  of  the  year  nineteen  hmidred  and  seven. 

Section  8.  So  much  of  chapter  five  hundred  and  seventy- 
three  of  the  acts  of  the  year  nineteen  hundred  and  seven  as 
authorizes  the  construction  of  a  subway  and  tunnel  to  be 
designated  as  the  Riverbank  subway  is  hereby  repealed. 
The  proceeds  not  already  exjoended  of  the  bonds  already 
issued  under  section  thirteen  of  said  chapter,  designated  on 
their  face  as  Boston  Riverbank  Subway  Loan,  including  any 
])remiums  realized  from  the  sale  thereof,  less  the  amount 
of  said  proceeds  used  as  specified  in  section  fourteen  of  tliis 
act,  shall  l)e  used  for  the  same  purposes  as  the  proceeds  of  the 
bonds  authorized  by  section  nine  of  this  act,  but  no  more 
such  Riverbank  subway  bonds  shall  be  issued  after  this  act 
takes  efl'ect. 

Section  9.  The  treasurer  of  the  city  of  Boston  shall, 
from  time  to  time,  on  re(iuest  of  tlie  commission,  issue  and 
sell,  at  public  or  private  sak%  the  bonds  of  the  city,  registered 
or  with  interest  coupons  attached,  as  he  may  deem  best,  to 
an  amount  not  exceeding  the  cost  of  the  subway  provided 
for  by  section  five  of  this  act,  less  the  amount  of  the  i)roceeds 
of  any  Riverbank  subway  bonds  not  ahvady  expended  and 
not  used  as  specified  in  section  fourteen  of  this  act.     Such 


Repoal. 


Treasurer  of 
the  city  of 
Ho.stoii  to 
isHiie  and  sell 
bouils,  etc. 


Acts,  1911.  — Chap.  711.  —  Pakt  I.  961 

bonds  sliall  be  designated  on  their  face  as  Boylston  Street  Tn-asuror  of  the 
Subway  Bonds,  shall  be  for  such  terms,  not  exceeding  forty-  tofssue  a°nd"eeU 
five  years,  as  the  mayor  and  treasurer  of  the  city  may  de-  '^°°''^' '''*• 
termine;  and  shall  bear  interest,  payable  semi-annually,  at 
such  rate,  not  exceeding  four  per  cent  per  annum,  as  the 
treasurer  shall  determine.  The  proceeds  of  such  bonds,  in- 
cluding any  premiums  realized  from  the  sale  thereof,  shall  be 
used  to  meet  all  damages,  costs  and  expenses  incurred  by  the 
commission  or  by  the  city  in  carrying  out  the  provisions  of 
this  act  for  the  construction  of  the  Boylston  street  subway. 
The  proceeds  of  any  sale  or  sales  of  land  or  rights  taken,  or 
acquired  by  purchase  or  otherwise,  under  the  provisions  of 
this  act  for  the  construction  of  said  subway  shall  be  used  for 
the  same  purposes  as  the  rentals  of  said  subway,  or  shall  be 
used  for  the  payment  of  expenditures  incurred  for  construc- 
tion, as  the  commission  may  determine.  All  rentals,  tolls, 
percentages  or  other  annual  compensation  received  by  the 
city  for  any  use  of  said  subway  under  this  act,  or  for  any  use 
of  any  lands  or  rights  acquired  under  the  provisions  of  this 
act  for  the  Boylston  street  subway,  shall  be  used  in  the  first 
instance  for  the  payment  of  interest  on  the  bonds  issued  for 
the  cost  of  said  subway,  and  on  the  Riverbank  subway  bonds, 
and  the  balance  shall  be  used  for  the  purposes  specified  in 
Part  II  of  this  act.  Any  interest  received  by  the  city  upon 
the  proceeds  of  the  bonds,  prior  to  the  expenditure  of  such 
proceeds,  shall  be  credited  against  interest  during  construc- 
tion in  ascertaining  the  net  cost  of  the  said  subway.  The 
city  shall  have,  hold  and  enjoy  in  its  private  or  proprietary 
capacity  for  its  own  property  the  said  tunnel  and  subway 
and  all  rents,  tolls,  income  and  profits  from  all  contracts 
entered  into  by  it  for  the  use  of  said  subway  or  tunnel  or  any 
part  thereof,  and  the  same  shall  never  be  taken  by  the  com- 
monwealth except  on  payment  of  just  compensation. 

EAST   BOSTON   TUNNEL   EXTENSION. 

Section  10.  The  commission  shall  extend  the  EavSt  East  Boston 
Boston  tunnel  by  constructing  a  tunnel  and  subway  (to  be  tension,  etc. 
designated  as  the  East  Boston  tunnel  extension)  connecting 
with  the  existing  East  Boston  tunnel  at  grade  or  otherwise, 
so  designed  as  to  be  adapted  to  contain  two  railway  tracks, 
beginning  at  or  near  the  present  terminus  of  the  East  Boston 
tunnel  in  Court  street  near  Scollay  square;  thence  under 
Court  street  to  and  through  Scollay  square;  thence  under 


962 


Acts,  1911.  —  Ciiap.  711.  —  Part  I. 


East  Boatoii 
tunnel  ex- 
tension, etc. 


Plan  of 
proposed 
route  to  be 
filed,  etc. 


Cf)ntract  for 
the  use  of  the 
tunnel  ex- 
tension, etc. 


Trcmont  row  and  under  Court  street  to,  under  and  through 
Bowdoin  square,  and  thence  under  Cambridge  street  to  a 
suitable  connection  with  surface  tracks  in  Cambridge  street 
at  a  point  at  or  near  Lynde  street,  or  at  or  near  North  Russell 
street,  or  between  said  streets,  together  with  a  station  in  or 
near  Scollay  square  and  a  station  in  or  near  Bowdoin  square, 
and  with  suitable  approaches,  sidings,  entrances,  elevators, 
inclines,  connections  and  other  structures;  and  the  com- 
mission may,  with  the  consent  of  the  company,  make  any 
changes  which  it  deems  necessary  or  expedient  in  the  existing 
subway  and  tunnel  and  such  alterations  or  enlargements  in 
the  existing  subway  station  in  Scollay  square  and  Court 
street  and  in  the  exits  and  entrances  therefrom  and  thereto, 
as  it  may  deem  necessary  or  expedient.  To  provide  for  the 
connection  of  the  tunnel  extension  with  the  surface  tracks 
in  Cambridge  street,  the  commission,  acting  for  this  purpose 
in  place  of,  and  with  all  the  powers  of  the  board  of  street 
commissioners  of  the  city  of  Boston  and  of  the  officer  author- 
ized to  construct  streets  by  chapter  three  hundred  and 
ninety-three  of  the  acts  of  the  year  nineteen  hundred  and 
six,  may  widen,  alter  and  construct  Cambridge  street  in  such 
manner  as  the  commission  may  deem  necessary  or  advisable, 
and  may  assess  betterments  for  the  improvement  under 
section  five  of  said  chapter. 

Section  11.  The  commission  shall  not  begin  the  work  of 
construction  until  it  has  filed  in  the  office  of  the  commissioner 
of  public  works  of  the  city  a  plan  signed  by  the  commission 
showing  the  proposed  route  or  the  location  thereof,  and  the 
general  form  and  method  of  construction,  the  location  of 
proposed  tracks,  stations  and  approaches,  and  the  alignment 
and  grade,  which  plan  shall  be  submitted  to  the  company 
for  its  examination,  nor  imtil  the  contract  hereinafter  men- 
tioned for  the  use  of  said  East  Boston  tunnel  extension  has 
been  executed.  Any  such  i)lan  so  filed  may  be  altered  at  any 
time  by  a  new  plan  signed,  submitted  and  filed  in  like 
manner. 

Section  12.  Within  the  time  and  upon  the  terms  speci- 
fied in  Part  II  of  this  act,  the  commission,  in  the  name 
and  on  behalf  of  the  city  of  Boston,  and  the  company  shall 
execute  a  contract  in  writing  for  the  sole  and  exclusive 
use  of  the  East  Boston  tunnel  extension  by  the  company 
for  the  running  of  its  cars  therein,  and  for  such  other  uses 
as  the  coiinnission  and  the  c<)in])anv  may  agree  upon,  for 
u  term  of  years  and  at  an  ainuial  rental  as  specified  in  Part 


Acts,  1911.  —  Chai'.  741.  — Pakt  I.  963 

II  of  this  act,  upon  such  j)rovisions  and  conditions  not  Contract  for 
affecting  the  term  or  rental,  and  following  the  form  of  the  unnefeftoa- 
contract  made  by  and  between  the  city,  acting  by  the  com-  ^'°°'  ^'*'" 
mission,  and  the  company  for  the  use  of  the  Washington 
street  tunnel,  so  far  as  the  same  may  be  applicable,  as  the 
commission  and  the  company  may  agree  upon,  or,  in  case 
of  difference,  as  the  board  may  determine.  The  provisions 
of  Part  I  of  this  act  in  so  far  as  they  declare,  define  or  estab- 
lish the  terms  and  conditions  for  the  construction,  tenure, 
maintenance  and  operation  of  the  tunnel  extension  shall 
be  embodied  in  and  made  a  part  of  said  contract.  The  use 
of  the  tunnel  extension  shall  begin  when,  in  the  opinion 
of  the  commission,  a  reasonable  time  after  completion  has 
been  allowed  for  equipment.  The  net  cost  thereof  shall  be 
deemed  to  include,  except  as  is  otherwise  provided  herein, 
all  expenditures  incurred  in  acquisition  and  construction 
and  in  making  necessary  changes  in  the  East  Boston  tunnel, 
including  damages,  expenses  (except  damages  and  all  other 
expenses  for  lands  and  rights  in  lands,  or  otherwise  incurred, 
for  the  widening  of  Cambridge  street,  one  half  of  which 
damages  and  expenses,  less  the  betterments  the  city  shall 
pay,  in  the  same  manner  as  for  other  work  done  under 
said  chapter  three  hundred  and  ninety-three  of  the  acts 
of  the  year  nineteen  hundred  and  six,  and  one  half  of  which 
shall  be  considered  as  part  of  the  cost  of  the  tunnel  exten- 
sion and  be  paid  for  out  of  the  proceeds  of  bonds  issued 
under  section  thirteen),  and  salaries  of  the  commission  and 
the  interest  on  the  debt  incurred  in  construction  prior  to 
the  beginning  of  the  use. 

Section  13.     The  treasurer  of  the  city  of  Boston  shall,  issue  and  sale 

p  ,•  ,        ,'  .1  X       J?   j_i  ...  of  bonds,  etc. 

irom  time  to  time,  on  the  request  oi  the  commission,  issue 
and  sell  at  public  or  private  sale  the  bonds  of  the  city, 
registered  or  w^th  interest  coupons  attached,  as  he  may 
deem  best,  to  an  amount  not  exceeding  the  cost  of  the 
tunnel  and  subway  provided  for  by  section  ten  of  this  act. 
Such  bonds  shall  be  designated  on  their  face  East  Boston 
Tunnel  Extension  Bonds;  shall  be  for  such  terms,  not  ex- 
ceeding forty-five  years,  as  the  mayor  and  treasurer  of 
the  city  may  determine;  and  shall  bear  interest  payable 
semi-annually,  at  such  rate,  not  exceeding  four  per  cent 
per  annum,  as  the  treasurer  shall  determine.  The  pro- 
ceeds of  such  bonds,  including  any  premiums  realized  from 
the  sale  thereof,  shall  be  used  to  meet  all  damages,  costs 
and  exiDcnses  incurred  by  the  commission  or  by  the  city, 


9Gi  Acts,  1911.  — Ciiap.  741.  — Pakt  I. 

Issue  and  sale  cxccpt  Rs  aforcsaid,  in  carrying  out  the  provisions  of  tliis 
jon  3,c  c.  ^^^^  relative  to  the  construction  of  the  said  tunnel  extension. 
The  proceeds  of  any  sale  or  sales  of  lands  or  rights  taken 
or  otherwise  acquired  under  authority  of  this  act  for  the 
construction  of  said  tunnel  extension  (except  lands  and  rights 
in  land  taken  or  purchased  for  the  widening  of  Cambridge 
street,  which  shall  be  applied  in  reduction  of  the  damages 
and  expenses  incurred  for  said  widening),  shall  be  used  for 
the  same  purpose  as  the  rentals  of  said  tunnel  extension, 
or  shall  be  used  for  the  payment  of  expenditures  incurred 
for  consti-uction,  as  the  commission  may  determine.  All 
rentals,  tolls,  percentages  or  other  annual  compensation 
received  by  the  city  for  any  use  of  said  tunnel  extension 
under  this  act,  and  for  any  use  of  any  lands  or  rights  ac- 
quired under  authority  of  this  act  for  said  tunnel  extension, 
except  as  aforesaid,  shall  be  used  in  the  first  instance  for 
the  payment  of  interest  on  the  bonds  issued  for  the  cost 
of  said  tunnel  extension,  and  the  balance  shall  be  applied 
to  the  purposes  specified  in  Part  II  of  this  act.  Any  interest 
received  by  the  city  upon  the  proceeds  of  the  bonds,  prior 
to  the  expenditure  of  such  proceeds,  shall  be  credited  against 
interest  during  construction  in  ascertaining  the  net  cost 
of  the  said  tunnel  extension.  The  city  shall  have,  hold 
and  enjoy  in  its  private  or  proprietary  capacity,  for  its 
own  property,  the  said  subway  and  tunnel  extension,  and 
all  rents,  tolls,  income  and  profits  from  all  contracts  entered 
into  by  it  for  the  use  of  said  subway  and  tunnel  extension 
or  any  part  thereof,  and  the  same  shall  never  be  taken  by 
the  commonwealth  except  on  payment  of  just  compensation. 


GENERAL   PROVISIONS. 

Investigation.        Section  14.     Thc   coiumission    shall,    immedintelv   after 

surveys,  etc.,  pi-  i  ii*'  •'• 

t^o^be  made,  tlic  passagc  01  this  act,  make  such  prelimmary  mvestiga- 
tions,  surveys  and  plans  as  it  may  deem  expedient,  and  to 
that  end  may  enter  upon  any  lands,  and  ])lace  and  maintain 
marks  therein,  and  may  make  excavations  and  borings, 
and  do  all  other  acts  necessary  for  such  investigations  and 
surveys,  and  may  ex-pend  such  sums  as  it  deems  necessary 
therefor.  The  expenses  incurred  in  making  such  jirelim- 
inary  investigations,  surveys  and  ])lans  to  an  amount  not 
exceeding  fifty  thousand  dollars  shall  be  iiaid  from  the 
proceeds  of  the  Uiverbank  subway  bonds.  I  pon  the  con- 
struction   of   the    resi)ective    tmniels    and    subways   herein 


etc 


Acts,  1911.  — Citap.  741.— PAirr  L  965 

provided  for  such  expenses  shall  be  deemed  a  part  of  the 
cost  thereof,  and  shall  be  charged  to  the  respective  subways 
and  tunnels  for  which  the  expense  was  incurred. 

Section  15.  The  construction  of  the  Dorchester  tunnel,  wofkTete^"^ 
the  Boylston  street  subway  and  the  East  Boston  turniel 
extension,  hereinbefore  authorized,  shall  be  begun,  in  each 
respective  case,  immediately  after  the  contract  for  the  use 
of  such  tunnel  or  subway  has  been  executed  by  the  com- 
mission and  the  company. 

Section  16.     In  connection  with  the  construction  of  anv  variations 

.  1  1  ji'iiii'  1     l^  •      •    ^     and  alterations 

tunnel  or  subway  authorized   by  this  act  the  commission  in  routes,  etc. 

may,  for  the  purpose  of  avoiding  objectionable  curves  or 

any  practical  or  legal  obstacles,  vary  or  alter  the  routes 

herein  respectively  prescribed  for  the  tunnels  and  subways, 

and  for  the  said  purposes  may  locate  the  tunnels,  subways 

and  stations  or  any  of  them,  in  whole  or  in  part,  on  private 

or  public  lands.     The  commission  may  also,  in  connection 

with   any   tunnel   or   subway,    construct   such   approaches,    • 

sidings,    spur   tracks,    loops,   entrances,    inclines,   elevators, 

connections  and  other  structures  as  it  may  deem  necessary. 

The  commission  may,  with  the  consent  of  the  company, 

make  such  alterations  in  the  existing  tunnels  and  subways, 

including  stations  and  exits  and  entrances  thereof,  as  it 

may  deem  necessary  or  advisable. 

Section  17.     The   commission   may   make   contracts   in  Certain 
the  name  of  the  city  for  the  work  herein  authorized,  but  t^'^in'^wrking, 
all   contracts   involving  two   thousand  dollars   or  more  in  ^^''' 
amount  shall  be  in  writing  and  signed  by  a  majority  of  the 
commission;    and  no  such  contract  shall  be  altered  except 
by  an  instrument  in  writing,  signed  by  the  contractor  and 
a  majority  of  the  commission,  and  also  by  the  sureties,  if 
any,  on  the  bond  given  by  the  contractor  for  the  completion 
of  the  original  contract.     No  such  contract,  and  no  altera- 
tion of  any  such  contract,  shall  be  valid  or  binding  on  the 
city  unless  executed  in  the  manner  aforesaid. 

Section  18.     All   work  done   under  this   act,   under  or  streets  to  be 
near  public  streets  and  places  shall  be  conducted,  so  far  trafficTet"?;.  "'^ 
as  may  be  practicable,  in  such  manner  as  to  leave  such 
streets  and  places,  or  a  reasonable  part  thereof,  open  for 
traffic  between  the  hours  of  seven  in  the  forenoon  and  six 
in  the  afternoon  of  each  secular  day,  except  legal  holidays. 

Section  19.     The  commission  may,  for  the  purposes  of  f^j*'/.'' ^^^-^'^ 
this  act,  use  public  ways  and  lands  without  compensation  may  be 
therefor,  and  may  take,  or  acquire  by  purchase  or  otherwise 


96G 


Acts,  1911.  — Chap.  741.  — Part  I. 


Public  waya 
and  lands  may 
bo  used,  etc. 


Taking  to  be 
recorded. 


Structures 
on  lands 
uc(iuired  may 
bo  sold,  etc. 


for  the  city,  lands  in  fee,  and  easements,  estates  and  rights 
in  land,  including  the  right  to  go  under  the  surface  thereof 
or  through  or  under  buildings  or  parts  of  buildings  thereon; 
and  such  taking  in  fee  or  otherwise  may  be  made  whether 
the  lands  taken  or  otherwise  affected  are  held  under  or  by 
title  derived  under  eminent  domain  or  otherwise,  and  may 
be  made  for  the  purpose  of  providing  locations  for  pipes, 
wires,  conduits,  and  other  structures  the  relocation  of  which 
is  made  necessary  or  expedient  by  the  construction  of  any 
subway  or  tunnel  authorized  by  this  act.  A  taking  under 
this  section  of  an  easement  or  other  estate  or  right  in  a 
given  parcel  of  real  estate,  whether  such  parcel  consists 
of  unimproved  land  or  of  land  and  buildings,  may  be  con- 
fined to  a  portion  or  section  of  such  parcel  fixed  by  planes 
or  other  surfaces  of  division,  below,  above,  or  at  the  surface 
of  the  soil;  and  in  such  case  no  taking  need  be  made  of 
upper  or  lower  portions  or  sections,  except  of  such  ease- 
ments therein,  if  any,  as  the  commission  may  deem  neces- 
sary. The  commission,  to  make  any  taking  by  right  of 
eminent  domain,  shall  cause  to  be  recorded  in  the  registry 
of  deeds  for  the  county  of  Suffolk  a  description  of  the  lands, 
easements,  estates  or  rights  to  be  taken,  as  certain  as  is  re- 
quired in  a  common  conveyance  of  land,  with  the  statement 
that  the  same  are  taken  under  authority  of  this  act,  which 
description  and  statement  shall  be  signed  by  the  commis- 
sion; and  the  lands,  easements,  estates  or  rights  therein 
described  shall  upon  such  recording  be  taken  for  and  shall 
vest  in  the  city.  The  commission  shall,  so  far  as  may  be 
practicable,  notify  all  known  owners  of  such  taking,  but 
the  validity  thereof  shall  not  be  affected  by  want  of  such 
notice. 

Section  20.  The  commission  may  sell  the  buildings  and 
other  structures  upon  any  lands  acquired  by  it,  or  may 
remove  the  same;  and  shall  sell,  if  a  sale  be  practicable, 
if  not  shall  lease,  any  lands,  or  rights  or  interests  in 


or 


land  or  other  property  acquired  for  the  purposes  of  this 
act,  whenever  the  same  shall,  in  the  opinion  of  the  commis- 
sion, cease  to  be  needed  for  such  purposes.  The  proceeds 
of  such  sales  and  leases,  and  the  fair  valuation  of  any  such 
lands  or  other  })roixM-ty  no  longer  needed  for  the  said  ])ur- 
poses,  but  not  actually  sold,  as  agreed  upon  by  the  conunis- 
sion  and  the  company,  or  in  case  of  difl'erence  as  determined 
by  the  board,  shall  be  deducted  from  the  cost  of  the  tunnel 
or  subway  for  the  construction  of  which  such  lands  or  t)ther 


Acts,  1911.  — Chap.  741.  — Pakt  I.  967 

property  were  acquired,  for  the  purpose  of  ascertaining  the 
rental  thereof. 

Section  21.  The  commission  shall  determine  and  award  Damages, 
the  damages  sustained  by  any  person  by  reason  of  prop- 
erty taken  or  injured  by  the  commission  under  authority 
of  this  act,  except  public  ways  or  lands,  and  may  agree 
with  any  such  person  as  to  the  amount  of  his  damages, 
which  amount  the  city  shall  be  liable  to  pay.  If  any  such 
person  is  dissatisfied  with  such  award,  or  cannot  agree  with 
the  commission  upon  his  damages,  the  same  may  be  deter- 
mined by  a  jury  in  the  superior  court  for  the  county  of  Suf- 
folk, on  petition  therefor  of  such  person,  or  of  the  commission, 
against  the  city,  filed  in  the  clerk's  office  within  one  year 
after  the  property  is  taken,  entered  on,  or  injured;  and 
judgment  shall  be  entered  upon  the  determination  of  the 
jury  and  costs  shall  be  taxed  and  execution  issued  in  favor 
of  the  prevailing  party  as  in  civil  cases.  The  members 
of  the  commission  shall  not  be  liable  personally  for  any 
such  damage.  The  provisions  of  sections  seventeen  to 
twenty-five,  inclusive,  and  of  section  one  hundred  and  four- 
teen, of  chapter  forty-eight  of  the  Revised  Laws,  relating 
to  procedure  in  case  of  damage  to  estates  in  which  several 
parties  have  different  or  several  interests  shall  apply  to 
proceedings  in  such  cases  under  this  act. 

Section  22.  The  commission  may  order  the  temporary  Temporary 
removal  or  relocation  of  any  surface  tracks,  and  the  tem-  trMkl^iuf. 
porary  or  permanent  removal  or  relocation  of  any  conduits, 
pipes,  wires,  poles  or  other  property  of  any  person  or  cor- 
poration which  it  deems  to  interfere  with  the  construction 
or  operation  of  any  tunnel  or  subway  authorized  by  this 
act,  and  shall  grant  new  locations  for  any  such  structures 
so  removed  or  relocated.  Such  orders,  to  the  extent  speci- 
fied therein,  shall  be  deemed  a  revocation  of  the  right  or 
license  to  maintain  such  tracks,  conduits,  pipes,  wires, 
poles  or  other  property,  and  the  owner  of  any  such  struc- 
tures in  public  ways  or  lands  shall  comply  with  the  said 
orders  without  expense  to  the  city.  If  any  such  owner 
shall  fail  to  comply  with  the  order  of  the  commission  within 
a  reasonable  time,  to  be  fixed  in  the  order,  the  commission 
may  discontinue  and  remove  such  tracks,  conduits,  pipes, 
wires,  poles  or  other  property,  and  may  relocate  the  same, 
and  the  cost  of  such  discontinuance,  removal  or  relocation 
shall  be  repaid  to  the  city  by  the  owner.  No  such  discon- 
tinuance, removal  or  relocation  shall  entitle  the  owner  of 


9G8 


Acts,  1911.  — Chap.  741.  — Part  I. 


Debts  in- 
curred not 
to  be  in- 
cluded within 
debt  limit. 


Capital  stock 
and  bonds. 


Powers  and 
privileges. 


Board  to 
consider  and 
determine 
certain 
iiuestions. 


.Jurisdiction 
of  court. 


the  property  thus  affected  to  any  damages  on  account  thereof. 
Any  such  structures  in  or  upon  private  lands  may  be  removed 
and  relocated  by  the  commission,  or  if  removed  and  relo- 
cated by  the  owner  thereof,  the  reasonable  expense  shall  be 
paid  to  him  by  the  commission.  Any  gas  or  electric  lighting 
company  may  shut  off  the  gas  or  current  from  any  pipes 
or  wires  affected  by  any  acts  done  hereunder,  so  far  as  may 
be  necessary  to  avoid  danger  of  escape  or  explosion  of  gas, 
or  other  public  danger. 

Section  23.  Debts  incurred  by  the  city  for  the  con- 
struction of  the  Dorchester  tunnel,  the  Boylston  street 
subway  and  the  East  Boston  tunnel  extension,  including 
the  widening  of  Cambridge  street  authorized  by  this  act, 
shall  not  be  considered  in  determining  the  statutory  limit 
of  indebtedness  of  the  city. 

Section  24.  The  company,  for  the  equipment  of  the 
tunnels  and  subways  authorized  by  this  act,  and  for  all  ex- 
penditures by  the  company  required  or  authorized  hereby, 
from  time  to  time,  in  the  manner  and  subject  to  the  require- 
ments prescribed  by  law,  may  issue  and  dispose  of  such 
amounts  of  its  capital  stock  or  bonds,  or  of  each,  at  its  op- 
tion, in  addition  to  the  amounts  heretofore  authorized,  as 
may  be  necessary  therefor. 

In  respect  to  the  equipment,  use  and  operation  of  the 
railway  to  be  located  in  the  tunnels  and  subways  and  trans- 
portation therein,  the  company  shall  have  all  the  powers  and 
privileges  and  be  subject  to  all  the  duties,  liabilities,  re- 
strictions and  provisions  set  forth  in  general  and  special  laws 
now  or  hereafter  in  force  applicable  to  it.  To  provide  for 
proper  connections  of  the  tracks  in  any  subway  or  tunnel 
authorized  by  this  act  with  surface  tracks,  the  company  may 
make  such  alterations  or  extensions  of  its  surface  tracks  and 
appurtenances  as  the  board  may  approve. 

Section  25.  Upon  the  determination  by  the  commission 
of  any  important  question  relating  to  any  plan  or  work 
herein  provided  for,  except  an'  award  of  or  agreement  upon 
damages,  as  provided  in  section  twenty-one  hereof,  the  com- 
pany may,  within  three  days  after  notice  of  such  determi- 
nation, apply  to  the  board  for  a  revision  of  the  same,  and 
thereupon  the  board  may  consider  and  finally  determine 
such  (juestion. 

Section  2().  The  supreme  judicial  court  and  the  superior 
court,  upon  application  of  any  ])arty  in  interest,  including 
the  city,  the  commission,  the  company  or  any  ten  taxable 


Acts,  1911.  — Chap.  711.  — Part  If.  969 

inhabitants  of  the  city,  may  enforce  or  prevent  violation  of 
the  foregoing  provisions  of  this  act  by  any  appropriate 
process. 

Part  II. 

RELATIVE    TO    CONTRACTS    FOR    THE    USE    OF    SUBWAYS    AND 
TUNNELS   WITHIN  THE   CITY   OF   BOSTON. 

Section  27.     The  contract  for  the  use  of  the  Tremont  Extension  of 
street  subway,  so-called,  shall  be  extended  for  a  term  begin-  the  T>em°ont 
ning  with  the  expiration  of  said  present  contract  and  ending  f^^^'^^  subway, 
on  the  first  day  of  July,  nineteen  hundred  and  thirty-six, 
upon  the  same  terms  and  conditions  stated  in  said  existing 
contract,  except  as  is  otherwise  provided  herein.     The  rental, 
from  and  after  the  expiration  of  the  present  contract,  shall 
be  a  sum  equal  to  four  and  one  half  per  cent  per  annum  on    - 
the  net  cost  of  said  Tremont  street  subway. 

Section  28.     The  lease  of  the  East  Boston  tunnel  to  the  Extension  of 
Boston  Elevated  Railway  Company  shall  be  extended  from  Ea^  Boston 
the  tenth  day  of  June,  nineteen  hundred  and  twenty-two,  funnel,  etc. 
until  the  first  day  of  July,  nineteen  hundred  and  thirty-six, 
upon  the  same  terms  and  conditions  contained  in  the  existing 
lease,  except  as  is  otherwise  hereinafter  expressly  provided. 
The  rental,  after  the  tenth  day  of  June,  nineteen  hundred 
and  twenty-two,  shall  be  a  sum  equal  to  four  and  one  half 
per  cent  per  annum  on  the  net  cost  of  the  tunnel.     The  pro- 
vision for  the  collection  of  tolls  from  passengers  using  the 
tunnel  shall  be  eliminated  from  such  extension. 

Section  29.     The    contract   with   the    Boston    Elevated  Extension  of 
Railway  Company  for  the  use  of  the  Washington  street  the  use  ofTiie 
tunnel  shall  be  extended  from  the  expiration  of  the  present  ^ree't'tuM"ei, 
contract,  on  the  thirtieth  day  of  November,  nineteen  hundred  '^'*'" 
and  thirty-three,  until  the  first  day  of  July,  nineteen  hundred 
and  thirty-six,  such  extension  to  be  upon  the  same  terms  and 
conditions  as  are  contained  in  the  present  contract,  except 
as   is   otherwise   provided   hereinafter.     The   rental   during 
such  extension  shall  be  at  the  rate  of  four  and  one  half  per 
cent  per  annum  upon  the  net  cost  of  the  tunnel. 

Section  30.     The  contract  to  be  made  with  the  Boston  Term  of 
Elevated  Railway  Company  for  the  use  of  the  tunnel  of  the  and^rate  of 
Cambridge   connection,   so-called,   under  the  provisions   of  fo"the''^°' 
section  twenty-three  of  chapter  five  hundred  and  twenty  of  Cambridge 

COIlI16CtlOII 

the  acts  of  the  year  nineteen  hundred  and  six,  shall  be  for  a 
term  ending  on  the  first  day  of  July,  nineteen  hundred  and 


970 


Acts,  1911.  — Chap.  741.— Part  II. 


Term  of 
contract 
and  rate  of 
rental,  etc., 
of  the 
Dorchester 
tunnel. 


—  of  the 
Boylston 
street  subway. 


—  of  the 
East  Boston 
tunnel  ex- 
tension. 


Term  of 

other  contracts, 

etc. 


thirty-six.  The  rental  for  a  period  of  twenty  years  from  the 
opening  for  use  of  the  said  tunnel  shall  be  four  and  seven 
eighths  per  cent  per  annum  upon  the  net  cost  of  the  tunnel, 
and  thereafter  until  the  first  day  of  July,  nineteen  hundred 
and  thirty-six,  shall  be  at  the  rate  of  four  and  one  half  per 
cent  per  annum  upon  its  net  cost. 

Section  31.  The  contract  for  the  use  of  the  Dorchester 
tunnel  to  be  made  with  the  Boston  Elevated  Railway  Com- 
pany, as  provided  in  sections  three  and  thirty-eight  of  this 
act,  shall  be  for  a  term  ending  on  the  first  day  of  July,  nineteen 
hundred  and  thirty-six,  and  the  rental  shall  be  at  the  rate  of 
four  and  one  half  per  cent  per  annum  upon  the  net  cost  of 
the  said  tunnel. 

Section  32.  The  contract  for  the  use  of  the  Boylston 
street  subway,  to  be  made  with  the  Boston  Elevated  Railway 
Company,  as  provided  in  sections  seven  and  thirty-eight  of 
this  act,  shall  be  for  a  term  ending  on  the  first  day  of  July, 
nineteen  hundred  and  thirty-six,  and  the  rental  shall  be  at 
the  rate  of  four  and  one  half  per  cent  per  annum  upon  the 
net  cost  of  the  said  subway. 

Section  33.  The  contract  for  the  use  of  the  East  Boston 
tunnel  extension  to  be  made  with  the  Boston  Elevated  Rail- 
way Company,  as  provided  in  sections  twelve  and  thirty- 
eight  of  this  act,  shall  be  for  a  term  ending  on  the  first  day  of 
July,  nineteen  hundred  and  thirty-six,  and  the  rental  shall 
be  at  the  rate  of  four  and  one  half  per  cent  per  annum  upon 
the  net  cost  of  the  said  extension. 

Section  34.  All  contracts  for  the  use  of  the  several 
subways  and  tunnels  provided  for  in  sections  twenty-seven, 
twenty-eight,  twenty-nine,  thirty,  thirty-one,  thirty-two  and 
thirty-three  of  this  act  shall  continue  in  force  after  the  first 
day  of  July,  nineteen  hundred  and  thirty-six,  upon  the  same 
terms  and  conditions  except  as  to  the  termination  thereof, 
unless  and  until  said  contracts  are  terminated  by  notice 
either  from  the  city  of  Boston  or  from  the  Boston  Elevated 
Railway  Company,  as  liercinafter  ])rovided.  The  city  of 
Boston  may  terminate  all  said  contracts  on  the  first  day  of 
July,  nineteen  hundred  and  thirty-six,  or  on  the  first  day  of 
July  of  any  year  thereafter  by  giving  at  least  two  years' 
prior  notice  in  writing,  which  notice  it  shall  be  the  duty  of 
the  mayor  of  the  city  to  give  if  directed  so  to  do  by  an  act 
of  the  general  court,  or  if  directed  so  to  do  by  a  vote  of  the 
city  council  of  the  city,  approved  by  the  board  of  railroad 


Acts,  1911.  — Chap.  741.  — Part  11.  971 

commissioners.     The   Boston   Elevated   Railway   Company  Certain 
may  likewise  terminate  all  said  contracts  on  the  first  day  of  may'^be  ^ 
July,  nineteen  hundred  and  thirty-six,  or  on  the  first  day  of  **"''"''^^**''i- 
July  of  any  year  thereafter  by  giving  to  the  mayor  of  the  city 
at  least  two  years'  prior  notice  in  writing.     No  notice  on  the 
part  of  either  the  city  or  the  company  shall  be  given  more 
than  three  years  prior  to  the  date  therein  fixed  for  termination. 

Section    35.     The  words  "consohdated  transit  loan"  as  The  phrase 
used  in  this  act  shall   mean  the  bonds  which  have  now  tran"^ioan" 
been,  or  may  hereafter  be,  issued  by  the  city  of  Boston  ^°°^*''"*''*- 
to  pay  for  the  construction  of  the  Tremont  street  subway, 
the   East    Boston    tunnel,    the    Washington    street   tunnel, 
the   tunnel    of    the    Cambridge    connection,    so-called,    the 
proposed  Dorchester  tunnel,  the  proposed  Bojdston  street 
subway,  and  the  proposed  East  Boston  tunnel  extension, 
and  also  the  bonds  issued  under  authority  of  chapter  five 
hundred  and  seventy-three  of  the  acts  of  the  year  nineteen 
hundred  and  seven. 

Subject  to  the  requirements  of  existing  acts,  the  rentals  Rentals 
of  all  said  subways  and  tunnels  are  hereby  pledged  to  secure  payment's 
the  payment  of  the  principal  and  interest  of  the  consolidated  '°'*°" 
transit  loan.     All   bonds  hereafter  issued   by   the   city  of 
Boston  to  provide  for  the  construction  of  tunnels  and  sub- 
ways shall  be  for  such  a  term  of  years,  not  less  than  thirty 
years  and  not  exceeding  forty-five  years,  as  the  city  treasurer 
of  the  city  with  the  approval  of  the  mayor  may  fix:    2>"*o-  Proviso. 
vided,  liowever,    that  before  the  term  of  any  of  such  bonds 
shall  be  fixed  at  less  than  forty-five  years,  the  city  treasurer 
shall  file  with  the  city  clerk  a  certificate  that  in  his  opinion 
the  sinking  funds  provided  for  the  retirement  of  the  con- 
solidated transit  loan  will  be  adequate  to  provide  for  the 
payment  of  such  bonds  at  the  maturity  thereof. 

The  treasurer  of  the  city  of  Boston  may  at  any  time.  Bonds  to  be 
v;ith  the  written  approval  of  the  mayor,  issue  bonds  pay-  fnsteiime'nts. 
able  in  installments,  as  provided  in  section  twenty-six  of 
chapter  four  hundred  and  eighty-six  of  the  acts  of  the  year 
nineteen  hundred  and  nine,  instead  of  sinking  fund  bonds 
as  above  provided. 

Section    36.     In  order  to  provide  for  the  abolition  at  Abolition  of  a 
the  earliest  possible  date  of  the  toll  required  of  passengers 
using  the  East  Boston  tunnel,  and  in  order  to  provide  for 
the  payment  of  the  bonds  issued  for  the  Washington  street 
tunnel,  the  rental  received  from  the  proposed  Dorchester 


972 


Acts,  1911.  — Chap.  741.  — Part  IT. 


Excess  rentals, 
how  applied. 


Execution  of 
certain 
contracts,  etc. 


tunnel,  from  the  proposed  Boylston  street  subway  and 
from  the  proposed  East  Boston  tunnel  extension,  if  the 
same  shall  be  constructed,  over  and  above  the  amount 
required  to  pay  the  interest  on  the  bonds  issued  therefor, 
and  the  rental  received  from  the  Tremont  street  subway, 
over  and  above  the  amount  required  to  meet  the  interest 
and  sinking  fund  requirements  of  the  bonds  issued  there- 
for, shall,  in  addition  to  the  rental  payable  by  the  Boston 
Elevated  Railway  Company  under  the  lease  of  the  East 
Boston  tunnel,  be  applied  to  meet  the  interest  and  sink- 
ing fund  requirements  of  the  bonds  issued  for  the  con- 
struction of  the  East  Boston  tunnel;  and  in  so  far  as  such 
rentals  may  not  be  required  for  that  purpose  they  shall 
be  applied,  in  addition  to  the  rental  payable  for  the  Wash- 
ington street  tunnel,  to  meet  the  interest  and  sinking  fund 
requirements  of  the  bonds  issued  for  the  construction  of 
said  Washington  street  tunnel. 

Section  37.  The  excess  rentals  of  the  East  Boston 
tunnel,  the  Tremont  street  subway,  the  Washington  street 
tunnel,  the  proposed  Dorchester  tunnel,  the  proposed  Boyl- 
ston street  subway  and  the  proposed  East  Boston  tunnel 
extension,  if  the  same  shall  be  built,  not  needed  to  provide 
for  the  interest  and  sinking  fund  requirements  specified  in 
the  preceding  section,  and  any  rental  of  the  tunnel  of  the 
Cambridge  connection,  so-called,  not  needed  to  provide 
for  the  interest  and  sinking  fund  requirements  of  the  bonds 
isused  therefor,  shall  be  applied,  so  far  as  may  be  necessary 
to  meet  the  interest,  sinking  fund  and  installment  require- 
ments of  the  other  bonds  constituting  the  consolidated 
transit  loan. 

Section  38.  Within  ninety  days  after  this  act  takes 
full  effect  the  commission,  acting  on  belialf  of  the  city 
of  Boston,  and  the  Boston  Elevated  Railway  Comjiany 
shall  execute  a  contract  upon  the  terms  and  conditions 
hereinbefore  prescribed  for  the  use  of  the  proposed  Dor- 
chester tunnel  authorized  by  section  one  of  this  act;  and 
shall  likewise,  within  the  same  period,  execute  a  contract 
upon  the  terms  and  conditions  hereinbefore  stated  for  the 
use  of  the  proposed  Boylston  street  subway  authorized 
by  section  five  of  this  act;  and  shall  likewise,  within  the 
same  period,  execute  a  contract  U])on  the  terms  and  condi- 
tions hereinbefore  prescribed  for  the  use  of  the  proposed 
East  Boston  tunnel  extension  auth(^rized  by  section  ten 
of  this   act;     and   shall    likewise,    within   the   same   period, 


Acts,  1911.  — Chap.  Til.— Paut  II.  973 

execute  a  contract  for  the  use  of  the  tunnel  of  the  Cambrklge 
connection,  so-called,  upon  the  terms  and  upon  the  condi- 
tions hereinbefore  prescribed,  unless  such  contract  has 
already  been  executed  upon  the  terms  and  upon  the  con- 
ditions prescribed  by  law  at  the  date  of  such  execution, 
and,  in  case  such  contract  has  already  so  been  executed, 
shall  execute  alterations  of  the  same,  readjusting  the  terms 
and  conditions  thereof  so  as  to  conform  to  the  terms  and 
conditions  prescribed  in  this  act;  and  shall  likewise,  within 
the  same  period,  execute  extensions  of  the  existing  con- 
tracts for  the  use  of  the  Tremont  street  subway,  of  the 
East  Boston  tunnel,  and  of  the  Washington  street  tunnel, 
all  upon  the  terms  and  upon  the  conditions  hereinbefore 
prescribed. 

Section    39.     The  contracts  and  extensions  of  contracts  Rights  of  the 
for  the  use  of  the  several  tunnels  and  subways  executed  in  m'thr^^y^oi^ 
accordance  with  the  authority  conferred  by  this  act  shall  ^"pa^red?*^ 
not  in  any  respect  impair  any  right  which  the  common- 
wealth or  the  city  of  Boston  or  any  other  licensee  of  the 
commonwealth  may  at  any  time  have  to  take  the  railway 
properties  of  the  Boston  Elevated  Railway  Company.     In 
the  event  of  such  taking  the  compensation  to  be  paid  to 
the  company  shall  not  be  enhanced  by  reason  of  such  con- 
tracts or  extensions  of  contracts,  nor  shall  it  be  diminished 
because  of  the  fact  that  without  such  contracts  or  exten- 
sions of  contracts  the  connection  between  different  parts 
of  said  properties  might  be  cut  off. 

Section  40.  The  use  and  control  of  the  tunnels  and  Use  and 
subways  specified  in  this  act  shall  be  held  by  the  Boston  tunnels,  etc. 
Elevated  Railway  Company  subject  to  the  rights,  if  any, 
which  the  West  End  Street  Railway  Company  may  have 
under  the  provisions  of  Article  II  of  its  lease  to  the  Boston 
Elevated  Railway  Company  dated  December  nine,  eighteen 
hundred  and  ninety-seven,  as  modified  in  accordance  with  law. 

Section  41.  Section  fourteen  of  Part  I  of  this  act  shall  S^t  °^  ^'^'"'''^ 
take  effect  upon  its  passage.  The  remaining  provisions  of 
this  act  shall  not  take  effect  until  it  shall  have  been  accepted 
both  by  vote  of  the  city  council  of  the  city  of  Boston,  ap- 
proved by  the  mayor,  and  by  the  Boston  Elevated  Railway 
Company  by  vote  of  its  board  of  directors.  Such  accept- 
ances shall  be  evidenced  by  certificates  thereof  filed  with 
the  secretary  of  the  commonwealth.  If  the  act  is  not  so 
accepted  by  the  Boston  Elevated  Railway  Company  and 
by  the  city  of  Boston  within  fifteen  days  after  the  West  End 


974 


Acts,  1011.  — Cilap.  742. 


Street  Railway  Company  shall,  at  a  meeting  of  stockholders 
specially  called  for  the  purpose,  have  voted  upon  the  cjues- 
tion  whether  or  not  it  shall  sell  its  property,  privileges  and 
franchises  to  the  Boston  Elevated  Railway  Company,  as 
provided  in  chapter  of  the  acts  of  the 

year  nineteen  hundred  and  eleven,  this  act  shall  become  void. 

Approved  July  20,  1911. 


Cka2).742 


Appropria- 
tions. 


Railroad  com- 
missioners. 

Clerk. 
Assistant  clerk. 


Clerical 
assistance. 

Accountant. 


Railroad 
inspectors. 

Experts,  etc. 


Rent,  etc. 


Books,  maps, 
etc. 


Stenographers, 
etc. 

Annual 
report. 

Imiuent.s,  etc. 


An  Act  making  appropriations  for  the  salaries  and 
expenses  of  the  board  of  railroad  commissioners. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  hereby 
appropriated,  to  be  paid  out  of  the  Railroad  Commissioners* 
Fund,  for  the  salaries  and  expenses  of  the  railroad  commis- 
sioners, for  the  fiscal  year  ending  on  the  thirtieth  day  of 
November,  nineteen  hundred  and  eleven,  to  wit:  — 

For  the  salaries  of  the  commissioners,  sixteen  thousand 
dollars. 

For  the  salary  of  the  clerk,  three  thousand  dollars. 

For  the  salary  of  the  assistant  clerk,  eighteen  hundred 
dollars. 

For  additional  clerical  assistance,  a  sum  not  exceeding 
twentv-two  hundred  dollars. 

For  the  salary  of  the  accountant,  twenty-five  hundred 
dollars. 

For  the  salaries  and  expenses  of  the  railroad  inspectors, 
a  sum  not  exceeding  seventeen  thousand  dollars. 

For  the  compensation  of  experts  or  other  agents,  a  sum 
not  exceeding  eight  thousand  dollars. 

For  rent,  care  of  office  and  salary  of  a  messenger,  a  sum 
not  exceeding  six  thousand  dollars. 

For  books,  maps,  statistics,  stationery,  incidentals  and 
contingent  expenses,  a  sum  not  exceeding  fifty-five  hundred 
dollars. 

For  stenographers  and  stenographic  reports,  a  sum  not 
exceeding  twenty-four  hundred  dollars. 

For  printing  and  binding  the  annual  report,  a  sum  not 
exceeding  seven  thousand  dollars. 

For  taking  evidence  given  at  inquests  in  cases  of  death 
by  accident  occurring  uj^on  railroads  and  street  railways, 
a  sum  not  exceeding  three  thousand  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  20,  1911. 


Acts,   1911. —Chaps.  743,  744.  975 


An  Act  to  increase  the  salaries  of  the  justices  of  (JJiaj)  743 

THE  SUPREME  JUDICIAL  COURT  AND  OF  THE  SUPERIOR       * 
COURT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-six  of  chapter  one  hundred  LeVed.'*^^' 
and  fifty-six  of  the  llevised  Laws  is  hereby  amended  by 
striking  out  the  word  "eight",  in  the  second  and  third  hues, 
and  inserting  in  place  thereof,  in  each  instance,  the  word: 
—  ten,  —  so  as  to  read  as  follows:  —  Section  26.  The  chief  fuiYcS."^ 
justice  of  the  court  shall  receive  an  annual  salary  of  ten 
thousand  five  hundred  dollars,  and  each  of  the  associate 
justices  an  annual  salary  of  ten  thousand  dollars,  and  the 
chief  justice  and  each  of  the  associate  justices  shall  annually 
receive  five  hundred  dollars  in  full  compensation  for  travel- 
ling expenses,  to  be  paid  by  the  commonwealth. 

Section  2.  Section  thirty-five  of  chapter  one  hundred  Ri-isj.  §35, 
and  fifty-seven  of  the  Revised  Laws  is  hereby  amended  by 
striking  out  the  words  "seven  thousand",  in  the  second  line, 
and  inserting  in  place  thereof  the  words:  —  eight  thousand 
five  hundred,  —  and  by  striking  out  the  words  "  six  thou- 
sand five  hundred",  in  the  third  line,  and  inserting  in  place 
thereof  the  words:  —  eight  thousand,  —  so  as  to  read  as 
follow^s:  —  Section  35.  The  chief  justice  of  the  court  shall  fuitfcM.°^ 
receive  an  annual  salary  of  eight  thousand  five  hundred 
dollars,  and  each  associate  justice  an  annual  salary  of  eight 
thousand  dollars,  and  the  chief  justice  and  each  associate 
justice  shall  annually  receive  five  hundred  dollars  in  full 
compensation  for  travelling  expenses,  to  be  paid  by  the  com- 
monwealth. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

A-piwoved  July  20,  1911. 


An  Act  in  still  further  addition  to  the  acts  making  (JJiq^jj  '744 
appropriations  for  sundry  miscellaneous  expenses  * 

authorized  during  the  present  year. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropri 
priated,  to  be  paid  out  of  the  treasury  of  the  commonwealth 
from  the  ordinary  revenue,  except  as  hereinafter  otherwise 
provided,  for  the  purposes  specified,  to  wit:  — 


_  na- 
tions. 


976 


Acts,  1911.  — CiiAr.  71i. 


Equipping 
street  railway 


Kiflo  ranges. 


Fortunat 
Lcvesque. 


Institute  of 
Tcclinology. 


Valentine 
lleudgen. 


Metropolitan 

plan 

commission. 


.Archway  of  the 
state  house. 


Lake 
Cochituate. 


Charles  F. 
Carr. 


Employment 
agencies,  etc. 


Patience 

Fiflelia 

Clinton. 


For  expenses  of  an  investigation  in  the  matter  of  equipping 
street  railway  cars  with  fenders  and  wheel  guards,  as  author- 
ized by  chapter  seventy-four  of  the  resolves  of  the  present 
year,  a  sura  not  exceeding  fifteen  hundred  dollars. 

For  an  investigation  of  the  rifle  ranges  used  by  the  militia, 
as  authorized  by  chapter  seventy-six  of  the  resolves  of  the 
present  year,  a  sum  not  exceeding  five  hundred  dollars. 

For  Fortunat  Levesque,  as  authorized  by  chapter  seventy- 
seven  of  the  resolves  of  the  present  year,  the  sum  of  three 
hundred  dollars. 

For  the  IMassachusetts  Institute  of  Technology,  as  author- 
ized by  chapter  seventy-eight  of  the  resolves  of  the  present 
year,  the  sum  of  one  hundred  thousand  dollars. 

To  provide  for  the  marking  and  j^rpetual  care  of  the 
grave  of  the  late  Valentine. lleudgen  in  the  Pine  Hill  cemetery 
in  the  town  of  Chester,  as  authorized  by  chapter  eighty-two 
of  the  resolves  of  the  present  year,  the  sum  of  one  hundred 
and  seventy-five  dollars,  the  same  to  be  paid  out  of  the  Es- 
cheated Estates  Fund. 

For  the  expenses  of  the  commission  on  a  metropolitan  plan, 
as  authorized  by  chapter  eighty-four  of  the  resolves  of  the 
present  year,  a  sum  not  exceeding  one  thousand  dollars. 

To  provide  for  repairing  the  pavement  of  the  archway  of 
the  state  house,  as  authorized  by  chapter  eighty-six  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding  three 
thousand  dollars. 

To  provide  for  the  expenses  of  an  investigation  and  report 
as  to  Lake  Cochituate,  as  authorized  by  chapter  eighty-seven 
of  the  resolves  of  the  present  year,  a  sum  not  exceeding  one 
thousand  dollars. 

For  Charles  F.  Carr,  as  authorized  by  chapter  ninety-two 
of  the  resolves  of  the  present  year,  a  sum  not  exceeding  two 
hundred  and  fifty  dollars. 

For  expenses  in  connection  with  the  report  of  the  commis- 
sion appointed  to  investigate  the  condition  and  management 
of  employment  agencies  and  intelligence  offices,  as  authorized 
by  chapter  ninety-four  of  the  resolves  of  the  present  year,  a 
sum  not  exceeding  one  thousand  dollars,  the  same  to  be  in  ad- 
dition to  any  amount  heretofore  ai)pro})riated  for  this  purpose. 

For  paying  the  debts  and  funeral  expenses  of  Patience 
Fidelia  Clinton  of  the  Ilassanamisco  tribe  of  Indians,  as 
authorized  by  chapter  ninety-five  of  the  resohos  of  the 
l)resent  year,  the  sum  of  one  hundred  fifteen  dollars  and 
seventy -one  cents. 


Acts,  1011.  — Chap.  744.  977 

For  Harry  J.  Cosgrove,  as  authorized  by  cha})ter  ninety-six  Harry  j. 
of  the  resolves  of  the  present  year,  the  sum  of  five  hundred  ^°^^™^®- 
dollars. 

To  provide  for  certain  improvements  at  the  Lakeville  state  L;ikeviiie 
sanatorium,  as  authorized  by  chapter  ninety-eight  of  the  ^''''^°""™- 
resolves  of  the  present  year,  a  sum  not  exceeding  thirty-three 
hundred  dollars. 

To  provide  for  improvements  at  the  North  Reading  state  North 
sanatorium,  as  authorized  by  chapter  ninety-nine  of  the  Snatorfum. 
resolves  of  the  present  year,  a  sum  not  exceeding  thirty-five 
hundred  dollars. 

To  provide  for  laundry  machinery  at  the  prison  camp  and  fnj°J*og*'*iJ'a? 
hospital,  as  authorized  by  chapter  one  hundred  and  two  of 
the  resolves  of  the  present  year,  a  sum  not  exceeding  twelve 
hundred  and  fifty  dollars,  the  same  to  be  paid  out  of  the 
State  Prison  Industries  Fund. 

For  expenses  relative  to  the  importation  of  nursery  stock.  Nursery  stock, 
and  to  the  authority  of  the  state  nursery  inspector,  as  author- 
ized by  chapter  one  hundred  and  three  of  the  resolves  of  the 
present  year,  a  sum  not  exceeding  ten  thousand  dollars. 

To  provide  for  certain  improvements  at  the  Lyman  and  in^u;\°i!,'°'^ 
industrial  schools,  as  authorized  by  chapter  one  hundred  schools. 
and  four  of  the  resolves  of  the  present  year,  a  sum  not  ex- 
ceeding ninety-five  hundred  dollars. 

To  provide  for  certain  improvements  at  the  Rutland  state  Rutland 
sanatorium,  as  authorized  by  chapter  one  hundred  and  five  ^°^  ""™' 
of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
seventy-nine  hundred  and  forty-five  dollars. 

For  the  executors  of  the  will  of  Eleazer  R.  Burbank,  as  Eieazer  r. 
authorized  by  chapter  one  hiuidred  and  seven  of  the  resolves 
of  the  present  year,  the  sum  of  sixteen  dollars  and  ninety- 
six  cents. 

To  provide  for  an  investigation  as  to  certain  improvements  subway 
of  the  subway  and  transportation  system  in  the  city  of  Boston/" 
Boston,  as  authorized  by  chapter  one  hundred  and  eight  of 
the  resolves  of  the  present  year,  a  sum  not  exceeding  one 
thousand  dollars. 

For  the  expenses  of  the  commission  appointed  to  consider  Liability  of 
the  liability  of  employers  for  injuries  received  by  employees  ^™^  °^^"' 
in  the  course  of  their  employment,  as  authorized  by  chapter 
one  hundred  and  ten  of  the  resolves  of  the  present  year,  a 
sum  not  exceeding  thirteen  thousand  dollars,  the  same  to  be 
in  addition  to  any  amount  heretofore  appropriated  for  this 
purpose. 


978 


Acts,  1911.  — Chap.  744. 


Massachusetts 

Agricultural 

College. 


Cornelius  J. 
Donovan. 


Lighting, 
heating,  etc., 
of  the 
state  house. 


Mount 

Everett 

reservation. 


Mount  Sugar 

liOaf 

reservation. 


Town  of  Truro. 


Assistant 
registers  of 
probate,  etc., 
county  of 
Suffolk. 


Clerical 
assistance. 


District 
attorney, 
eastt^m 
district. 


To  provide  for  certain  improvements  at  the  Massachu- 
setts Agricultural  College,  as  authorized  by  chapter  one 
Imndretl  and  eleven  of  the  resolves  of  the  present  year,  a 
sum  not  exceeding  one  hundred  and  twenty-two  thousand 
five  hundred  dollars. 

For  the  settlement  of  the  claim  of  Cornelius  J.  Donovan 
for  injuries  received  at  the  state  farm,  as  authorized  by 
chapter  one  hundred  and  twelve  of  the  resolves  of  the 
present  year,  a  sum  not  exceeding  five  hundred  dollars, 
to  be  paid  out  of  the  State  Farm  Industries  Fund. 

To  provide  for  an  investigation  as  to  the  present  method 
of  lighting,  heating  and  ventilating  the  state  house  by  the 
state  house  commission,  as  authorized  by  chapter  one  hun- 
dred and  thirteen  of  the  resolves  of  the  present  year,  a  sum 
not  exceeding  five  hundred  dollars. 

For  the  purchase  of  additional  land  at  the  Mount  Everett 
.state  reservation,  as  authorized  by  chapter  one  hundred  and 
fourteen  of  the  resolves  of  the  present  year,  a  sum  not  ex- 
ceeding two  thousand  doUare. 

For  the  purchase  of  additional  land  at  the  Mount  Sugar 
Loaf  state  reservation,  as  authorized  by  chapter  one  hundred 
and  fifteen  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  five  thousand  dollars. 

For  the  repair  of  a  certain  highway  in  the  town  of  Truro 
by  the  Massachusetts  highway  commission,  as  authorized 
by  chapter  four  hundred  and  sixteen  of  the  acts  of  the 
present  year,  a  sum  not  exceeding  five  hundred  dollars. 

For  the  salaries  of  the  assistant  registers  of  probate  and 
insolvency  for  the  county  of  Suft'olk,  as  authorized  by 
chapter  four  hundred  and  forty-five  of  the  acts  of  the  present 
year,  the  sum  of  one  hundred  and  fifty  dollars,  the  same  to 
be  in  addition  to  any  amount  heretofore  appropriated  for 
this  purpose. 

For  additional  clerical  assistance  for  the  register  of  pro- 
bate and  insolvency  for  the  county  of  Bristol,  as  author- 
ized by  chapter  four  hundred  and  fifty-two  of  the  acts  of 
the  present  year,  a  sum  not  exceeding  five  hundred  and 
sixty-five  dollars. 

For  the  salary  of  the  district  attorney  for  the  eastern 
district,  as  authorized  by  chapter  four  hundred  and  eighty- 
five  of  the  acts  of  the  present  year,  a  sum  not  exceeding 
five  hundred  and  fifty  dollars,  the  same  to  be  in  addi- 
tion to  any  amount  heretofore  appropriated  for  this  pur- 
pose. 


Acts,  1911.  — Chap.  744.  979 

For  the  expenses  of  the  board  of  appeal  for  fire  insurance  Roard  of 
rates,  as  authori/.ed  by  chapter  four  hundred  and  ninety-  hZmnc^e""^ 
three  of  the  acts  of  the  present  year,  a  sum  not  exceeding  ''''^^' 
five  thousand  dollars. 

To  provide  for  the  establishment  of  a  retirement  system  Retirement 
for    employees    of    the    commonwealth,    as    authoriz^ed    \yy  ^y^^'" '"*■"■ 
chapter  five  hundred  and  thirty-two  of  the  acts  of  the  pres- 
ent year,  a  sum  not  exceeding  one  thousand  dollars. 

For  expenditures  by  the  commissioner  appointed  in  regard  Panama 
to  the  Panama  exposition  at  San  Francisco,  as  authorized 
by  chapter  five  hundred  and  thirty-six  of  the  acts  of  the 
present  year,  a  sum  not  exceeding  one  thousand  dollars. 

For  the  compensation  of  members  of  the  inspection  de-  inspection 
partment  of  the  district  police,  as  authorized  by  chapter  dfJtrict"^"'' 
five  hundred  and  forty-nine  of  the  acts  of  the  present  year,  '*'"'*'■ 
a  sum  not  exceeding  two  hundred  and  fifty  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appropriated 
for  this  purpose. 

For  quartermasters'  supplies  made  necessary  by  chapter  Quarter- 
five  hundred  and  fifty-four  of  the  acts  of  the  present  year,  Tupplbs. 
a  sum  not  exceeding  six  thousand  dollars,  the  same  to  be 
in    addition    to    any    amount    heretofore    appropriated    for 
this  purpose. 

For  increased  salaries  in  the  department  of  the  district  District  police, 
police,  as  authorized  by  chapter  fi\'e  hundred  and  sixty- 
one  of  the  acts  of  the  present  year,  the  following  amounts: 
for  a  stenographer,  three  hundred  and  seventy-five  dollars; 
for  two  stenographers  in  the  detective  department,  one 
hundred  forty-one  dollars  and  sixty-seven  cents;  for  clerks 
in  the  inspection  department,  six  hundred  and  twenty-five 
dollars,  all  to  be  in  addition  to  any  amounts  heretofore 
appropriated  for  the  same  purposes. 

To  carry  out  the  provisions  of  chapter  five  hundred  and  uL^MaMachu- 
sixty-six  of  the  acts  of  the  present  year  establishing  a  board  setta  Training 
to  be  known  as  the  Trustees  of  the  IMassachusetts  Training 
Schools,  the  appropriations  authorized  by  chapter  five  hun- 
dred and  twenty  of  the  acts  of  the  present  year  are  hereby 
made  available,  and  in  addition  thereto  a  sum  not  exceeding 
one  thousand  dollars  for  the  salary  of  the  secretary  of  said 
board. 

For  the  salaries  of  three  additional  associate  justices  of  Associate 

.  "  justices, 

the  superior  court,  as  authorized  by  chapter  five  hundred  superior  court. 
and  sixty-seven  of  the  acts  of  the  present  year,  a  sum  not 
exceeding  ten  thousand  five  hundred  dollars. 


980 


Acts,  1911.  — Chap.  744. 


Officers  and 

men  of  the 
iniliti:!. 


Civil  war 
veterans. 


Expenses  of 
committees. 


Printing  and 
binding, 
senate  and 
house. 


Bulletin  of 
committee 
hearings. 


Contingent 
expenses, 
senate  and 
liouse. 

Blank  forms, 
etc. 


Secretary  of 
the  com- 
monwealth. 


Engineer's 
department, 
stale  house. 


Telephones, 
etc. 


For  the  compensation  of  officers  and  men  of  the  vohmteer 
militia,  as  made  necessary  by  chapter  five  hundred  and 
ninety-four  of  the  acts  of  the  present  year,  a  sum  not  exceed- 
ing eighty  thousand  dollars. 

For  the  compensation  of  certain  veterans  of  the  civil  war 
formerly  in  the  service  of  the  commonwealth  and  now 
retired  from  that  service,  and  also  to  include  any  expenses 
authorized  by  chapter  six  hundred  and  twenty-seven  of 
the  acts  of  the  present  year,  a  sum  not  exceeding  two  thou- 
sand dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  this  purpose. 

For  expenses  of  committees  of  the  present  general  court, 
including  clerical  assistance  to  committees  authorized  to 
employ  the  same,  the  sum  of  five  thousand  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appropriated 
for  this  purpose. 

For  printing  and  binding  ordered  by  the  senate  and  house 
of  representatives,  or  by  concurrent  order  of  the  two  branches, 
a  sum  not  exceeding  seventy-five  hundred  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appropriated  for 
this  purpose. 

For  expenses  in  connection  with  the  publication  of  a 
bulletin  of  committee  hearings,  a  sum  not  exceeding  one 
thousand  dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  this  purpose. 

For  contingent  expenses  of  the  senate  and  house  of  repre- 
sentatives and  necessary  expenses  in  and  about  the  state 
house,  a  sum  not  exceeding  five  hundred  dollars. 

For  blank  forms  for  town  officers,  for  election  laws  antl 
blanks  and  instructions  on  all  matters  relating  to  elections, 
made  necessary  by  the  provisions  of  chapter  five  himdred 
and  fifty  of  the  acts  of  the  present  year,  the  sum  of  four 
thousand  dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  ai)propriated  for  this  purpose. 

For  incidental  and  contingent  expenses  in  the  office  of 
the  secretary  of  the  commonwealth,  a  sum  not  exceeding 
five  hundred  dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  this  purpose. 

For  the  salaries  of  the  chief  engineer  and  other  employees 
in  the  engineer's  department  at  the  state  house,  a  sum  not 
exceeding  two  hundred  dollars,  the  same  to  be  in  addition 
to  any  amount  heretofore  approjiriated  for  this  ]nirpose. 

For  renting  telei)hones  and  exj)enses  in  connection  there- 
with, a  sum  not  exceeding  three  hundred  and  seventy-five 


Acts,  1911.  — Chap.  745.  081 

dollars,  the  same  to  be  in  addition  to  any  amount  heretofore 
appropriated  for  this  purpose. 

For  incidental  and  contingent  expenses  of  the  sergeant-  Sergeant-at- 
at-arms,  and  for  the  expense  of  mailing  legislative  bulletins,  '*""^'  ''''^'""^^* 
a  sum  not  exceeding  seventy-five  dollars,  the  same  to  be 
in  addition  to  any  amount  heretofore  appropriated  for  this 
purpose. 

For  new  furniture  and  fixtures  in  the  state  house,  a  sum  Furniture  and 
not  exceeding  seventy-five  hundred  dollars,  the  same  to  be  ^''*"'"''^- 
in  addition  to  any  amount  heretofore  appropriated  for  this 
purpose. 

F'or  special  services  and  expenses  of  persons  employed  investigation 
under  the  direction  of  the  deputy  chief  of  the  detective 
department  of  the  district  police  in  the  investigation  of 
fires,  a  sum  not  exceeding  five  hundred  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appropriated 
for  this  purpose. 

For  the  compensation  of  the  commission  on  the  exam-  commission 
ination  of  the  assets  and  liabilities  of  the  New  York,  New  uabiikiesretc. 
Haven  and  Hartford  Railroad  Company,  the  sum  of  ten 
thousand  five  hundred  dollars  is  hereby  reappropriated  from 
the  appropriation  made  by  chapter  six  hundred  and  fifty- 
nine  of  the  acts  of  the  year  nineteen  hundred  and  ten. 

The  appropriation  for  the  salary  of  the  third  clerk  in  the  insurance 

IT'  p    ,^        •  •      •  iii.p  commissioner, 

omce  01  the  msurance  commissioner  made  by  chapter  tour  tiiird  cierk. 
hundred  and  nineteen  of  the  acts  of  the  present  year  is 
hereby  transferred  and  added  to  the  appropriation  made 
for  additional  clerks  in  said  department. 

For  the  purpose  of  increasing  the  wages  paid  to  engineers  Worcester 
employed  in  connection  with  the  Worcester  state  asylum,  a  asylum. 
sum  not  exceeding  nineteen  hundred  thirty-four  dollars  and 
forty  cents,  the  same  to  be  in  addition  to  any  amount  here- 
tofore appropriated  for  the  maintenance  of  said  institution. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  21,  1911. 

An  Act  relative  to  the  meetings  of  registrars  of  Chap.745 

VOTERS   for   the   PURPOSE   OF   CERTIFYING   TO   NAMES   ON 
NOMINATION  PAPERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     It  shall  be  the  duty  of  the  board  of  regis-  Meetings  of 
trars  to  hold  meetings  at  least  once  each  week  during  the  oFvotCT3%tc. 
month  of  August  of  each  year  for  the  purpose  of  certifying 


982 


Acts,  1911.  — Chap.  746. 


to  the  names  on  nomination  papers  nominating  candidates 
to  be  voted  for  at  the  primaries. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  21,  1911. 


Construction 
of  a  highway 
in  the  town 
of  Salisbury. 


Provisos. 


Chap.74:6  An  Act  to  authorize  the  Massachusetts  highway  com- 
mission  TO   construct   a   highway   in  the   town   of 

SALISBURY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Massachusetts  highway  commission  is 
hereby  authorized  and  directed  to  lay  out  and  construct, 
within  one  year  after  the  passage  of  this  act,  a  highway 
sixty  feet  wide  between  the  marshes  and  the  beach  at  Salis- 
bury beach  from  the  New  Hampshire  line  to  Broadway, 
the  main  road  leading  from  Salisbury  centre  to  the  ocean: 
provided,  that  the  owners  of  the  land  included  within  the 
limits  of  said  highway  and  the  abutters  thereon  shall  re- 
lease, without  payment  therefor,  all  claims  for  damages 
which  may  arise  from  the  taking  of  land  required  for  said 
highway,  and  all  damages  arising  from  the  construction 
of  said  highway,  the  change  of  grade,  and  any  sloping  of 
the  land  abutting  thereon;  and  provided,  cdso,  that  said 
release  is  duly  executed  before  said  highway  is  constructed 
and  before  the  land  is  taken  therefor. 

Section  2.  The  cost  and  expense  incurred  under  au- 
thority of  this  act  shall,  in  the  first  instance,  be  paid  by 
the  commonwealth,  provided  that  the  same  does  not  exceed 
the  sum  of  fifteen  thousand  dollars,  and  the  treasurer  and 
receiver  general  is  hereby  authorized  and  directed  to  bor- 
row upon  the  credit  of  the  commonwealth  such  sums  of 
money  as  may  be  required  for  said  cost  and  expense.  All 
moneys  so  borrowed  shall  be  deposited  in  the  state  treasury 
and  the  treasurer  and  receiver  general  shall  pny  out  the 
same  as  ordered  by  said  commission  and  sIimII  keep  a  sepa- 
rate and  accurate  account  of  all  sums  borrowed  and  exi)ended, 
including  interest. 

Section  3.  I^pon  the  completion  of  said  highway,  the 
commission  shall  file  in  the  office  of  the  auditor  of  the  com- 
monwealth a  detailed  statement,  certified  by  it,  of  the  actual 
cost  of  said  highway,  and  such  cost  shall  be  ai)i)(>rtioned 
as  follows:  —  sixty-five  per  cent  to  the  commonwealth, 
twenty-five  per  cent  to  the  county  of  Essex  and  ten  ])er  cent 
to  the  town  of  Salisburx  ;    and  the  countv  of  Essex  and  the 


Payment  of 
expense. 


Apportion- 
ment of  cost, 


Acts,  1911.  — Chap.  747.  983 

town  of  Salisbury  shall,  within  such  time  as  the  commission 
may  direct,  paj^  into  the  treasury  of  the  commonwealth 
the  proportionate  amounts  to  be  paid  by  them  respectively. 

Section  4.  The  county  commissioners  of  the  county  of  Ss^exma?"^ 
Essex  are  hereby  authorized  to  borrow  upon  the  credit  ^f™**  ""''-'''• 
of  the  county,  for  a  period  not  exceeding  five  years,  such 
sums  as  may  be  necessary  to  provide  for  the  payment 
which  may  be  required  of  the  county  under  the  provisions 
of  this  act,  and  may  issue  the  notes  or  bonds  of  the  county 
therefor. 

Section  5.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  22,  1911. 

An  Act  to  authorize  the  employment  of  a  watchman  njiQr^j  747 

AT   the   state   arsenal. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  thirty-nine  of  chapter  six  hundred  ^^os,  604,  §39. 
and  four  of  the  acts  of  the  year  nineteen  hundred  and  eight, 
as  amended  by  section  two  of  chapter  three  hundred  and 
forty-eight  of  the  acts  of  the  year  nineteen  hundred  and  ten, 
is  hereby  further  amended  by  inserting  after  the  word 
"annum",  in  the  fifty-eighth  line,  the  words:  —  one  watch- 
man, with  a  salary  of  eight  hundred  dollars  per  annum,  — 
so  as  to  read  as  follows:  —  Section  39.  The  quartermaster  Quarter- 
general  shall  receive  a  compensation  not  exceeding  twelve  ^^^l\, 
hundred  dollars  a  year.  The  deputy  quartermaster  general  ^™^''efc^'°°' 
shall  receive  compensation  not  exceeding  eight  hundred  dollars 
a  year,  to  be  paid  out  of  the  appropriation  for  maintenance 
of  armories  of  the  first  class.  The  quartermaster  general 
shall  give  bond  to  the  commonwealth  in  the  penal  sum  of 
twenty  thousand  dollars,  with  two  sureties  at  least,  to  be 
approved  by  the  governor  and  council,  conditioned  faithfully 
to  perform  the  duties  of  his  office,  to  use  all  necessary  diligence 
and  care  in  the  safe  keeping  of  military  stores  and  property 
of  the  commonwealth  committed  to  his  custody,  and  to 
account  for  and  deliver  over  to  his  successor  or  to  any  other 
person  authorized  to  receive  the  same,  such  stores  and  prop- 
erty. The  commander-in-chief  may  require  the  duties  im- 
posed upon  the  quartermaster  general  to  be  performed  by 
any  member  of  that  department,  who  shall  in  that  case  give 
bond  to  the  commonwealth  in  like  manner  as  is  required  of 
the  quartermaster  general.  The  quartermaster  general,  To  have  care 
under  the  orders  of  the  commander-in-chief,  shall  have  the  the  state  camp 

ground,  etc. 


984 


Acts,  1911. 


Chap.  747 


Duties  con- 
cerning loans 
of  military 
property,  etc. 


Clerical 
assistance,  etc. 


care  and  control  of  the  state  camp  ground  and  all  other  land 
held  for  military  purposes,  of  all  state  arsenals  and  maga- 
zines, of  the  soldiers'  burial  lot  and  monument  at  Dedham, 
and  of  all  military  property  of  the  commonwealth  except  such 
as  is  by  law  expressly  intrusted  to  the  keeping  of  other  officers. 
He  shall  purchase  or  draw  by  requisition  from  the  United 
States  and  shall  issue  all  arms,  ammunition,  clothing,  camp 
equipage  and  military  supplies  and  stores  of  e\'ery  descrip- 
tion, except  surgical  instruments  and  medical  supplies.  He 
shall  procure  and  provide  means  of  transport  for  the  militia 
and  for  all  its  implements,  munitions  of  war  and  military  sup- 
plies; such  transportation  to  be  in  kind  whenever  practicable. 
He  may  receive  in  the  storehouse  at  the  state  camp  ground, 
from  the  several  militia  organizations,  such  articles  of  per- 
sonal property  used  for  military  camping  purposes  as  can  be 
kept  therein,  which  articles  shall  be  received  and  delivered 
at  the  expense  of  the  owners  and  held  at  their  risk. 
He  shall,  at  the  public  expense,  provide  suitable  places 
for  the  safe  keeping  of  all  munitions  of  war,  intrenching 
tools  and  all  other  implements  of  war.  Such  tools  and 
implements  shall  be  designated  as  the  property  of  the  com- 
monwealth by  suitable  permanent  brands  or  marks  on  each 
of  them.  He  may  allow  annually  proper  accounts  for  the 
repairs  of  uniforms  and  equipments.  He  shall  adjust  all 
accounts  relating  to  loans  of  state  military  property  to  cities 
and  towns,  institutions  and  schools,  and  shall  require  annual 
returns  of  such  property  and  of  its  condition,  at  such  times 
and  in  such  manner  as  he  may  direct,  and  may  at  any  time, 
under  the  direction  of  the  commander-in-chief,  recover  the 
whole  or  any  part  of  such  property  as  he  may  deem  best  for 
the  commonwealth.  He  may  employ  the  following  clerical 
assistants:  one  superintendent  of  armories,  with  a  salary  of 
eighteen  hundred  dollars  per  annum ;  two  clerks,  with  salaries 
of  eighteen  hundred  dollars  and  twelve  hundred  dollars  per 
annum,  respectively;  one  stenographer,  with  a  salary  of 
nine  hundred  dollars  per  annum;  one  watchman,  with  a 
salary  of  eight  hundred  dollars  per  annum.  The  actual 
transportation  expenses  of  the  superintendent  of  armories, 
in  visiting  the  various  armories  of  the  state,  under  the  di- 
rection of  the  quartermaster  general,  shall  be  paid  from  the 
appropriation  for  maintenance  of  armories  of  the  first  class. 
The  superintendent  of  the  arsenal  shall  receive  fifteen  hundred 
dollars  a  year,  and  shall  be  in  the  quartermaster  general's 
depiirtment,  as  a  clerk  in  addition  to  the  clerks  above  named. 


Acts,  1911.  — Chap.  748.  985 

The   quartermaster   general    may   employ   such    additional 
clerks  and  other  assistants  as  may  be  necessary  in  his  de- 
partment, at  an  expense  not  exceeding  twenty-four  hundred 
dollars  a  year. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Ayyroved  July  22,  1911. 

An  Act  relative  to  the  development  of  the  port  of  (Jjfnqj  74g 

BOSTON.  '       • 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  governor,  with  the  advice  and  consent  Directors  of 
of  the  council,  shall  appoint  three  persons,  and  the  mayor  Boston, 
of  the  city  of  Boston  shall  appoint  one  person,  and  the  four  te^rms'.'ete!"*'' 
persons  so  appointed,  with  the  chairman  of  the  harbor  and 
land  commissioners,  ex-officio,  shall  constitute  a  board  to 
be  known  as  the  Directors  of  the  Port  of  Boston,  hereinafter 
called  the  directors.  The  terms  of  office  of  the  persons 
first  appointed  by  the  governor  shall  be  so  arranged  and 
designated  at  the  time  of  their  appointment  that  the  term 
of  one  member  shall  expire  in  three  years,  one  in  two  years 
and  one  in  one  year  from  the  first  day  of  July,  nineteen  hun- 
dred and  eleven,  and  the  term  of  office  of  the  member  ap- 
pointed by  the  mayor  shall  expire  in  three  years  from  the 
first  day  of  July,  nineteen  hundred  and  eleven.  Annually 
thereafter  the  governor  shall  appoint  one  member  to  serve 
for  three  years,  as  the  term  of  any  member  appointed  by 
him  shall  expire;  and  at  the  expiration  of  the  term  of  the 
member  appointed  by  the  mayor,  the  mayor  shall  appoint 
a  member  to  serve  for  three  years.  Any  vacancy  occurring  vacancy, 
among  the  directors  shall  be  filled  for  the  unexpired  term 
by  the  governor  or  by  the  mayor,  accordingly  as  the  vacancy 
occurs  among  the  members  originally  appointed  by  the 
governor  or  by  the  mayor,  respectively.  In  all  cases  a 
member  shall  continue  to  serve  until  his  successor  is  ap- 
pointed and  qualified.  The  governor  shall  designate  the  Chairman, 
chairman,  who  shall  receive  an  annual  salary  of  fifteen  thou-  ^^^p^'*^''°''' 
sand  dollars,  and  shall  devote  his  whole  time  to  the  work 
of  the  directors.  The  other  directors,  including  the  chairman 
of  the  harbor  and  land  commissioners,  shall  each  receive  an 
annual  salary  of  one  thousand  dollars.  Said  sum  of  one 
thousand  dollars  shall  be  in  addition  to  the  annual  salary 
of  the  chairman  of  the  board  of  harbor  and  land  commis- 
sioners as  chairman  of  said  last  named  board. 


986 


Acts,  1011.  — CuAr.  748. 


To  be  admin- 
iatrativo 
officers  of  the 
port,  etc. 


Place  of 
office,  etc. 


Powers,  etc., 
of  tlio  harbor 
and  land 
commission- 
ers to  be 
vested  in  the 
directors,  etc. 


Section  2.  The  Directors  of  the  Port  of  Boston  shall 
be  the  administrative  officers  of  the  port,  shall  cause  to 
be  made  all  necessary  plans  for  the  comprehensive  develop- 
ment of  the  harbor,  shall  have  immediate  charge  of  the  lands 
now  or  hereafter  owned  by  the  commonwealth  upon  or  ad- 
jacent to  the  harbor  front,  except  lands  under  the  control 
of  the  metropolitan  park  commission  or  of  the  metropolitan 
water  and  sewerage  board,  and  of  the  construction  of  piers 
and  other  public  works  therein,  shall  administer  all  terminal 
facilities  which  are  under  their  control,  shall  keep  themselves 
thoroughly  informed  as  to  the  present  and  probable  future 
requirements  of  steamships  and  shipping,  and  as  to  the  best 
means  which  can  be  provided  at  the  port  of  Boston  for 
the  accommodation  of  steamships,  railroads,  warehouses  and 
industrial  establishments.  The  directors,  shall  appoint  such 
engineers,  clerks,  agents,  assistants  and  other  employees 
as  they  may  deem  necessary  to  carry  out  the  purposes  of 
this  act,  and  shall  determine  the  duties  and  compensation 
of  such  employees.  The  appointment  of  employees  shall 
be  subject  to  the  laws  relating  to  civil  .service  iu  the  com- 
monwealth, so  far  as  they  are  applicable. 

Section  3.  The  directors  shall  have  an  office  in  the  city 
of  Boston  in  which  they  shall  keep  maps,  charts,  plans  and 
documents  relating  to  the  lands  and  waters  in  their  charge. 
The  board  of  harbor  and  land  commissioners  shall  deli\er 
to  the  directors  such  maps,  charts,  plans  and  documents 
now  in  the  custody  of  said  board  relating  to  the  waters 
and  lands  in  charge  of  the  directors  as  may  be  practicable; 
and  the  directors  shall  at  all  times  have  access  to  any  other 
maps,  charts,  plans  and  documents  relating  to  said  waters 
and  lands,  in  the  office  of  said  board  or  in  the  office  or  cus- 
tody of  any  other  public  board,  commission  or  official. 

Section  4.  All  the  rights,  powers  and  duties  now  ])er- 
taining  to  the  board  of  harbor  and  land  commissioners  in 
respect  to  such  lands,  rights  in  lands,  flats,  shores,  waters 
and  rights  belonging  to  the  commonwealth  in  tidewaters 
and  land  under  water  as  constitute  that  part  of  Boston 
harbor  lying  westerly  and  inside  of  a  line  drawn  between 
Point  AUerton  on  the  south  and  the  southerly  end  of  Point 
Shirley  on  the  north,  or  as  adjoin  the  same  or  are  connected 
therewith,  and  any  other  rights  and  ]io\vers  heretofore  vested 
by  the  laws  of  the  connnonweahh  in  the  board  of  harl)or 
and  land  connnissioners  in  respect  to  any  ])art  of  .said  area, 
are  hereby  transferred  to  and  hereafter  shall  be  vested  iu 


Acts,  1911.  — Chap.  748.  987 

and  exercised  by  said  directors.  There  shall  also  be  trans- 
ferred to  and  vested  in  the  directors  the  right  to  expend  any 
unexpended  funds  heretofore  appropriated  to  be  expended 
by  the  board  of  harbor  and  land  commissioners  in  the 
area  above  designated,  and  the  right  which  the  board  of 
harbor  and  land  commissioners  has  heretofore  exercised 
in  regard  to  moneys  paid  to  the  commonwealth  in  accortl- 
ance  with  the  provisions  of  section  twenty-three  of  chapter 
ninety-six  of  the  Revised  Laws.  Said  directors  shall  also 
assume  and  take  over,  on  behalf  of  the  commonwealth,  any 
rights,  powers  and  duties  of  the  board  of  harbor  and  land 
commissioners  under  any  contracts  heretofore  made  for  the 
improvement,  filling,  sale,  use  or  other  disposition  of  the 
lands,  flats  or  waters  of  the  commonwealth  within  said 
area,  including  any  structures  now  existing  or  being  built 
therein  or  thereon. 

Section  5.  With  the  consent  of  the  governor  and  council,  anYhow 
the  directors  may  take  or  acquire  by  purchase  or  other-  property,  etc. 
wise,  and  hold,  such  real  property  and  such  rights  and 
easements  therein  as  the  directors  may  from  time  to  time 
consider  necessary  for  the  purpose  of  constructing,  or  secur- 
ing the  constructing  or  utilizing  of,  piers  and,  in  connection 
therewith,  highways,  waterways,  railroad  connections,  stor- 
age yards  and  sites  for  warehouses  and  industrial  estab- 
lishments, and  may  lay  out  and  build  thereon  and  upon 
such  other  lands  as  under  section  four  of  this  act  are  under 
its  jurisdiction  such  piers,  with  buildings  and  appurtenances, 
docks,  highways,  waterways,  railroad  connections,  storage 
yards  and  public  warehouses  as,  in  the  opinion  of  the  direc- 
tors, may  be  desirable:  j)^omded,  however,  that  if  general 
plans  bearing  the  signed  approval  of  the  directors  or  of  a 
majority  of  them,  or,  until  the  appointment  and  organiza- 
tion of  the  directors  bearing  the  signed  approval  of  the  board 
of  harbor  and  land  commissioners,  given  after  due  notice 
and  a  hearing,  describing  the  property  and  showing  the 
location  and  character  of  any  proposed  docks,  piers,  wharves, 
warehouses,  factories,  power  plants,  and  industrial  terminals, 
of  adequate  and  proper  design  and  general  suitability  for 
the  purposes  for  which  they  are  to  be  used,  shall  be  filed 
with  the  directors,  together  with  a  written  notice  signed 
by  the  owners  or  lessees  or  by  others  having  legal  rights 
in  the  premises,  stating  that  they  propose  to  construct  upon 
the  property  described  the  improvements  shown  by  said 
plans  and  claiming  exemption  from  the  taking  by  eminent 


Proviso. 


988  Acts,  1911.  — Chap.  748. 

Provisos.  domain  as  authorized  by  this  act  of  any  of  such  property, 

inchiding  the  lands  upon  which  said  improvements  are  to  be 
constructed,  then  said  land  and  said  improvements  shall 
not  be  taken  by  the  directors  by  the  right  of  eminent  domain 
without  the  authorization  of  the  general  court  granted  within 
forty  years  after  the  date  of  the  filing  of  said  plans,  if  sub- 
stantial construction  in  general  accordance  with  such  plans 
is  actually  begun  in  good  faith  within  one  year  after  the 
date  of  the  approval  by  the  directors  of  the  plans,  and  if 
said  improvements  are  finished  substantially  in  accordance 
with  said  plans  within  five  years  after  the  beginning  of 
the  construction  of  said  improvements  unless  the  directors 
shall  extend  the  time  within  which  said  improvements  shall 
be  completed;  and  jjrovidcd,  further,  that  after  completion, 
said  improvements  during  said  period  of  forty  years  are 
kept  in  suitable  repair  and  are  used  for  the  ])urposes  to 
which  said  approval  applied,  and  iwmidcd,  further,  that 
if  general  plans  bearing  the  signed  approval  of  the  directors 
or  of  a  majority  of  them,  given  after  due  notice  and  a  hear- 
ing, and  describing  the  property,  and  location  and  character 
of  any  existing  docks,  piers,  wharves,  warehouses,  factories, 
power  plants,  and  industrial  terminals,  and  certifying  that 
they  are  of  proper  design  and  adequate  and  suitable  for 
the  i)urposes  for  which  they  are  to  be  used,  and  tliat  they 
are  in  proper  condition  and  in  thorough  repair,  shall  be  filed 
with  the  directors,  together  with  a  written  notice  signed 
by  the  owners  or  lessees,  or  by  others  having  legal  rights 
in  the  premises  and  claiming  exemption  from  the  taking 
by  eminent  domain  as  authorized  by  this  act  of  any  such 
property,  including  the  lands  upon  which  said  impro\-ements 
have  been  constructed,  then  said  land  and  said  impro\e- 
ments  shall  not  be  taken  by  the  directors  by  the  right  of 
eminent  domain  without  the  authorization  of  the  general 
court  granted  within  forty  years  after  the  date  of  the  ap- 
proval by  the  directors,  if  during  that  time  such  property  is 
kept  in  suitable  repair  and  is  used  for  the  pin-poses  to  which 
said  approval  applied,  and  inovided,  further,  that  none  of 
the  exemptions  from  the  right  of  eminent  domain  provided 
for  in  this  act  shall  apply  to  the  taking  by  the  directors  of 
any  property  necessary  for  providing  suitable  and  conven- 
ient track  connections  ])etween  the  rails  serving  any  ])ier 
or  piers  that  may  be  built,  or  acquired  or  im])ro\ed  under 
the  terms  of  this  act  and  the  rails  of  any  existing  or  ]m)posed 
railroad  that  now  reaches  or  hereafter  may  reach  Boston. 


Acts,  1911.  — Chap.  748.  1)81) 

Section  6.     In  order  to  take  any  property  by  right  of  ^corde.nr!"' 
eminent   domain,    the   directors   shall   within   ninety   days  ♦''".reKistry 

„  .  ,  ,         ,  ,       '^ .  "^      oi  deeds,  etc. 

alter  votmg  to  take  any  lands  or  easements  thereni  file 
and  cause  to  be  recorded  in  the  registry  of  deeds  for  the 
county  in  which  the  property  to  be  taken  is  situated,  a 
description  thereof  sufficiently  accurate  for  identification, 
with  a  statement  of  the  purposes  for  which  the  same  was 
taken,  signed  by  a  majority  of  the  directors.  The  record- 
ing shall  operate  as  a  taking  of  the  real  estate  and  of  the 
rights  and  easements  therein  described.  No  taking  shall 
be  valid  unless  it  is  recorded  in  accordance  with  the  provi- 
sions of  this  section. 

Section  7.  The  commonwealth,  through  its  treasurer  Payment  of 
and  receiver  general,  shall  pay  all  damages  to  property  '*''"*=®^" 
sustained  by  any  person,  firm  or  corporation  by  the  taking 
of  any  land  or  any  right  or  easement  therein.  Any  person, 
firm  or  corporation  sustaining  damage  as  aforesaid,  and 
failing  to  agree  with  the  directors  as  to  the  amount  thereof, 
may  have  the  same  assessed  and  determined  in  the  manner 
provided  by  law  in  the  case  of  land  taken  for  the  laying  out 
of  highways,  on  application  at  any  time  within  three  years 
after  the  taking  of  such  land  or  right  or  easement  therein; 
but  no  such  application  shall  be  made  after  the  expiration 
of  the  said  three  years. 

Section  8.  All  piers  and  other  similar  structures  built  Equipment  of 
by  the  directors  shall  be  equipped,  either  by  the  directors  ^^^'^^' 
or  by  the  lessees  thereof,  with  fireproof  sheds,  railway  tracks, 
cranes  and  other  machinery  and  accommodations  for  the 
convenient,  economical  and  speedy  loading  and  discharge 
of  freight;  and  the  directors  may  acquire,  hold  and  operate 
such  lighters  and  other  vessels  as  may  be  convenient  and, 
in  the  opinion  of  the  directors,  needed  for  that  purpose. 
The  directors  shall  make  such  reasonable  rules  and  regula- 
tions and  shall  charge  such  reasonable  rates  for  the  use  of 
such  structures  and  equipment  as  they  may  from  time  to 
time  deem  wise. 

Section    9.     The   directors   shall   have  power  to  lease  May  lease 
for  a  period  not  exceeding  twenty  years,  under  such  cove-  facultfes, 
nants  and  conditions  as  they  may  prescribe,  storage  facili-  '^^arves,  etc. 
ties,    wharves,   piers,    bulkheads,  docks,  sheds,  warehouses 
and  industrial  locations  within  their  charge;    but  no  lease 
for  a  term  exceeding  five  years  shall  be  valid  until  approved 
by  the  governor  and  council.     The  income  from  all  wharf- 
age and  storage  rates,  use  of  cranes,  lighterage,  dockage  and 


990 


Acts,  1911.  — Chap.  748. 


May  grade 
and  siirfaco 
railroad 
locations,  etc. 


Teaming  and 

lighterage 

traffic. 


llailroads  to 
1)0  provided 
with  track 
connections. 


To  acquire 
title,  etc., 
to  Apple 
Island,  etc. 


To  make 
j)lans,  etc., 
for  the 
ut  ilization 
of  the 
property 
acquired,  etc. 


other  cliarges,  and  from  the  leases  of  lands,  storage  stnic- 
tures,  wharves,  piers,  docks,  sheds,  warehouses  and  industrial 
sites  shall  be  collected  by  the  directors  and  paid  into  the 
treasury  of  the  commonwealth. 

Section  10.  The  directors,  with  the  approval  of  the 
governor  and  council,  are  authorized  to  grade  and  surface 
suitably  any  railroad  locations  or  traffic  ways  which  are 
or  may  be  located  on  lands,  flats  or  rights  therein,  now 
owned  or  hereafter  acquired  by  the  commonwealth  under 
the  provisions  of  this  act,  and  to  carry  said  ways  or  rail- 
roads over  or  under  any  railroad  or  railway  location  or 
public  way  in  order  to  eliminate  crossings  at  grade,  and 
to  provide  suitable  and  convenient  track  connections  be- 
tween the  rails  serving  any  pier  or  piers  and  those  of  any 
existing  or  proposed  railroad  that  now  reaches  or  hereafter 
may  reach  Boston.  All  piers  held  or  controlled  by  the 
directors  shall  also  be  accessible  and  open  to  all  teaming 
and  lighterage  traffic,  subject  to  such  regulations  as  the 
directors  may  from  time  to  time  make. 

Upon  application  to  the  directors,  any  railroad  company 
that  now  reaches  or  hereafter  may  reach  Boston,  either 
by  its  own  rails  or  under  trackage  or  traffic  contract  or 
agreement  with  any  other  railroad  company,  shall  be  pro- 
vided by  the  directors  with  a  track  connection  with  the 
tracks  serving  such  pier  or  piers. 

Section  11.  The  directors  shall  take  all  proper  measures 
to  obtain  from  the  city  of  Boston,  without  expense  to  the 
commonwealth  therefoi-,  a  conveyance  of  all  the  present 
right,  title  and  interest  of  the  city  in  and  to  Apple  Island, 
and  the  flats  appurtenant  thereto,  and  in  and  to  any  other 
flats  and  rights  of  the  city  on  the  easterly  side  of  Ea.st  Boston, 
which,  in  the  opinion  of  the  directors,  are  required  for  the 
development  contemplated  by  this  act,  and  the  city  of 
Boston  is  hereby  authorized  to  make  such  conveyance,  and 
also  in  furtherance  of  the  development  of  the  port  to  make 
conveyance  to  the  directors  or  others,  but  only  for  maritime 
or  commercial  improvement,  of  any  shore  lands  owned  by  it 
elsewhere,  acquired  either  by  purchase  or  taking. 

Section  12.  It  shall  be  the  duty  of  the  directors  forth- 
with to  make,  and,  so  far  as  may  be  practicable,  to  put  into 
execution,  comprehensive  plans  providing  on  the  lands  now 
owned  or  hereafter  acquired  by  the  commonwealth  in  the 
area  described  in  section  four  of  this  act,  adecjuate  piers, 
capable  of  accommodating  the  largest  vessels,  and  in  con- 


Acts,  1911.  — Chap.  748.  991 

nection  with  such  piers  suitable  highways,  waterways,  rail- 
road connections  and  storage  yards,  and  sites  for  warehouses 
and  industrial  establishments.  The  directors  shall  report 
to  the  next  general  court,  on  or  before  the  fifteenth  day  of 
January,  nineteen  hundred  and  twelve,  all  necessary  plans 
and  estimates  of  cost  for  the  construction  of  a  dry  dock 
equipped  with  modern  facilities  and  appliances,  sufficient  in 
size  for  the  accommodation  of  any  modern  ocean  steamship. 

Section  13.  The  directors  shall,  on  the  first  day  of  Report. 
January  of  each  year,  submit  a  report  to  the  general  court, 
which  report  shall  contain  a  statement  of  the  doings  of  the 
directors  during  the  preceding  year  and  such  recommenda- 
tions as  to  legislation  as,  in  the  opinion  of  the  directors,  may 
be  necessary  or  expedient  to  enable  them  better  to  administer 
the  affairs  of  the  port  of  Boston  and  to  regulate  the  shipping 
therein  and  the  use  of  the  piers,  docks  and  terminal  facilities 
under  the  charge  of  the  directors. 

Section  14.  There  shall  be  paid  out  of  the  treasury  of  Expenditures, 
the  commonwealth,  to  be  expended  by  the  directors  during 
the  year  ending  on  the  thirty-first  day  of  December,  nineteen 
hundred  and  eleven,  the  sum  of  fifty  thousand  dollars  for 
the  salaries  and  expenses  of  the  directors  and  for  defraying 
the  cost  of  the  studies  and  plans  described  in  section  twelve 
of  this  act. 

Section  15.  Every  authority  or  license  granted  since  the  Certain 
year  eighteen  hundred  and  sixty-eight  by  the  general  court,  heret°o7ore 
or  by  the  board  of  harbor  and  land  commissioners,  to  any  ^ase^et^ 
person,  firm  or  corporation  to  build  or  extend  a  wharf  or 
other  structure  upon,  or  to  drive  piles  in,  or  to  fill  or  other- 
wise to  occupy,  land  in  tide  or  navigable  water,  within  the 
area  described  in  section  four  and  under  the  control  of  said 
directors,  revocable  at  the  discretion  of  the  general  court,  and 
every  other  similar  right  or  privilege  within  said  area,  subject 
to  the  control  of  said  directors,  revocable  at  the  discretion  of 
the  general  court  in  the  manner  provided  by  law,  whether  or 
not  compensation  has  been  paid  under  any  provision  of  law 
or  otherwise,  shall  hereafter  cease  and  determine,  or  be  sub- 
ject to  forfeiture,  in  case  of  the  non-use  of  the  same  for  an 
unreasonable  time  without  reasonable  cause,  and  it  shall  be 
prima  facie  evidence  that  the  same  is  held  unused  in  restraint 
of  trade  when  the  tendency  of  such  non-use  is  to  prevent 
competition  in  its  broad  and  general  sense,  unless  such 
person,  firm  or  corporation  shall  within  one  year  after  the 
passage  of  this  act  make  reasonable  and  substantial  use  of 


992 


Acts,  1911.  — Chat.  748. 


Jurisdiction 
of  violations 
of  act. 


The  treasurer 
and  receiver 
eeiieral  to 
issue  bonds,  etc. 


Repeal. 


Time  of 
taking  efTect. 


Proviso. 


structures,  or  shall  reasonably  and  substantially  occupy  land 
in  tide  or  navigable  waters,  for  the  purposes  for  which  the 
authority  or  license  was  granted;  and  thereupon,  every  such 
authority  or  license  and  every  similar  right  and  privilege 
shall  cease  and  determine  on  re-payment,  or  tender  of  re- 
payment, by  the  commonwealth  of  compensation  therefor 
to  the  amount  which  shall  have  been  paid  into  the  treasury 
of  the  commonwealth  in  accordance  with  the  terms  of  such 
authority  or  license;  and  it  shall  be  the  duty  of  the  harbor 
and  land  commissioners  and  of  the  attorney-general,  or  of 
their  successors  in  office,  to  cause  a  proper  certificate  of  the 
revocation  of  such  authority  or  license  to  be  recorded  forth- 
with in  the  registry  of  deeds  for  the  county  within  which 
such  structure  was  built  or  work  done. 

Section  16.  The  supreme  judicial  court  shall  have  juris- 
diction in  equity,  upon  information  filed  by  the  attorney- 
general,  of  violations  of  the  provisions  of  this  act. 

Section  17.  To  meet  expenses  that  may  be  incurred 
under  the  provisions  of  this  act  the  treasurer  and  receiver 
general  is  hereby  authorized,  with  the  approval  of  the  gov- 
ernor and  council,  to  issue  bonds,  scrip,  or  certificates  of  in- 
debtedness to  an  amount  not  exceeding  nine  million  dollars, 
for  a  term  not  exceeding  forty  years,  to  be  in  such  form,  to 
bear  such  rate  of  interest,  and  to  be  issued  in  such  amounts, 
from  time  to  time,  as  the  treasurer  and  receiver  general,  with 
the  approval  of  the  governor  and  council,  shall  determine. 

Section  18.  Chapter  six  hundred  and  forty-eight  of  the 
acts  of  the  year  nineteen  hundred  and  ten,  and  all  acts  and 
parts  of  acts  inconsistent  herewith  are  hereby  repealed. 

Section  19.  The  provisions  of  section  one  relative  to  the 
appointment  of  directors  of  the  port  of  Boston,  and  the 
provisions  of  section  five  relative  to  the  approval  of  certain 
plans  by  the  board  of  harbor  and  land  commissioners  until 
the  appointment  and  organization  of  said  directors,  shall  take 
efTect  upon  the  passage  of  this  act.  The  remaining  pro- 
visions of  this  act  shall  take  effect  thirty  days  after  its 
passage:  2)rovided,  however,  that  the  board  of  harbor  and 
land  commissioners  shall  continue  to  exercise  all  powers  now 
vested  by  law  in  said  board  to  the  extent  of  taking  action  at 
any  time  within  three  months  after  the  passage  of  this  act 
upon  any  petition  now  pending  before  said  board  upon 
which  a  ])ul)lic  hearing  was  held,  or  an  order  of  notice  of  a 
public  hearing  was  issued,  prior  to  the  passage  of  this  act. 

Approved  July  2S,  1011. 


Acts,  1911.  — Chap.  749.  993 


An  Act  in  addition  to  the  several  acts  making  sundry  Chan.74:9 

MISCELLANEOUS  APPROPRIATIONS  AUTHORIZED  DURING  THE 
PRESENT  YEAR  AND^  SUNDRY  OTHER  EXPENSES  AUTHORIZED 
BY  LAW. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  hereby  Appropria- 
appropriated,  to  be  paid  out  of  the  treasury  of  the  common- 
wealth from  the  ordinary  revenue,  unless  hereinafter  other- 
wise provided,  for  the  purposes  specified,  to  wit:  — 

For  expenses  incurred  by  the  commission  appointed  to  office  ac- 
investigate  the  matter  of  office  accommodations  in  the  state  SThTstate°°^ 
house,  as  authorized  by  chapter  forty-five  of  the  resolves  ^°^^- 
of  the  present  year,  a  sum  not  exceeding  five  hundred  dollars. 

For  the  Lowell  textile  school,  as  authorized  by  chapter  Loweii 
one  hundred  and  sixteen  of  the  resolves  of  the  present  sctTooL 
year,  the  sum  of  forty  thousand  dollars. 

To  provide  for  certain  improvements  at  the  Lowell  textile  same. 
school,  as  authorized  by  chapter  one  hundred  and  seventeen 
of  the  resolves  of  the  present  year,  the  sum  of  twenty-nine 
thousand  six  hundred  and  fifty-five  dollars. 

For  the  New  Bedford  textile  school,  as  authorized  by  New  Bedford 
chapter  one  hundred  and  nineteen  of  the  resolves  of  the  t^"*'^^  ^«=^°°'- 
present  year,  the  sum  of  twenty  thousand  dollars. 

For  the  expenses  of  the  commission  appointed  to  inves-  com  storage 
tigate  the  subject  of  the  cold  storage  of  food,  as  authorized  °^^°°^- 
by  chapter  one  hundred  and  twenty-one  of  the  resolves  of 
the  present  year,  a  sum  not  exceeding  twenty-five  hundred 
dollars. 

For  the  inspection  of  stables  where  neat  cattle  and  swine  inspection  of 
are  kept,  as  authorized  by  chapter  three  hundred  and  eighty-  ^*^'''®^- 
one  of  the  acts  of  the  present  year,  a  sum  not  exceeding  five 
thousand  dollars. 

For  expenses   in   connection  with  the  establishment  of  ^"g'^ttafi"^'^ 
tuberculosis   hospitals   in   cities  and  towns,   as  authorized 
by  chapter  five  hundred  and  ninety-seven  of  the  acts  of  the 
present  year,  a  sum  not  exceeding  five  thousand  dollars. 

For  the  expenses  of  the  commission  appointed  to  provide  Homesteads. 
for  establishing  homesteads  for  workmen,  as  authorized  by 
chapter  six  hundred  and  seven  of  the  acts  of  the  present 
year,  a  sum  not  exceeding  five  hundred  dollars. 

To  provide  for  salaries  in  the  inspection  department  of  inspection 
the  district  police,  as  authorized  by  chapters  six  hundred  of  the  district 

police. 


994 


Acts,  1911.  — Chap.  749. 


Chief 
inspector 
of  boilers. 


Water  power. 


Inspector  of 
weights  and 
measures. 


Instruction  of 
nurses,  etc. 


Taking  of 
land  in  the 
valley  of  the 
Neponset 
river,  damages. 


Judges  and 
registers 
of  courts  of 
probate,  etc. 


and  sixteen  and  six  hundred  and  twenty  of  the  acts  of  the 
present  year,  a  sum  not  exceeding  five  thousand  dollars, 
the  same  to  be  in  addition  to  any  amount  heretofore  appro- 
priated for  this  purpose. 

For  the  salary  of  the  chief  inspector  of  boilers  in  the  in- 
spection department  of  the  district  police,  as  authorized 
by  chapter  six  hundred  and  nineteen  of  the  acts  of  the  present 
year,  a  sum  not  exceeding  one  hundred  and  sixty-seven 
dollars,  the  same  to  be  in  addition  to  any  amount  hereto- 
fore appropriated  for  this  purpose. 

For  continuing  the  work  of  investigation  of  the  water 
power  of  the  commonwealth,  as  authorized  by  chapter 
six  hundred  and  twenty-two  of  the  acts  of  the  present 
year,  the  unexpended  balance  of  thirty-two  hundred"  two 
dollars  and  twenty-seven  cents  of  the  appropriation  made 
in  the  year  nineteen  hundred  and  nine  is  hereby  reappro- 
priated. 

To  provide  for  an  additional  inspector  in  the  department 
of  the  commissioner  of  weights  and  measures,  as  authorized 
by  chapter  six  hundred  and  thirty-two  of  the  acts  of  the 
present  year,  a  sum  not  exceeding  five  hundred  dollars. 

To  provide  for  the  instruction  of  nurses,  attendants  and 
patients  in  certain  state  institutions  by  the  state  board  of 
insanity,  as  authorized  by  chapter  six  hundred  and  forty- 
nine  of  the  acts  of  the  present  year,  a  sum  not  exceeding 
seven  hundred  dollars. 

For  the  payment  of  damages  caused  by  the  taking  of 
land  in  connection  with  the  public  health  in  the  valley  of 
the  Neponset  river,  as  authorized  by  chapter  six  hundred 
and  fifty-five  of  the  acts  of  the  present  year,  a  sum  not 
exceeding  five  thousand  dollars. 

For  the  salaries  of  certain  judges  and  registers  of  the 
courts  of  probate  and  insolvency,  as  authorized  by  chapter 
six  hundred  and  sixty-eight  of  the  acts  of  the  present  year, 
the  following  sums:  —  For  the  judge  of  probate  and  insol- 
vency for  the  county  of  Barnstable,  a  sum  not  exceeding 
three  hundred  sixty-six  dollars  and  sixty-seven  cents;  for 
the  judge  of  probate  and  insolvency  for  the  county  of  Frank- 
lin, a  sum  not  exceeding  two  hundred  and  seventy-five 
dollars;  for  the  judge  of  probate  and  insolvency  for  the 
county  of  Hampshire,  a  sum  not  exceeding  ninety-one  dol- 
lars and  sixty-seven  cents;  for  the  register  of  probate  and 
insolvency  for  the  county  of  Barnstable,  a  sum  not  exceed- 
ing two  hundred  and  seventy-five  dollars;    for  the  register 


Acts,  1911.  — Chap.  749.  995 

of  probate  and  insolvency  for  the  county  of  Franklin,  a  sum 
not  exceeding  ninety-one  dollars  and  sixty-seven  cents;  the 
same  to  be  in  addition  to  any  amounts  heretofore  appro- 
priated for  these  purposes. 

For  the  salaries  of  the  assistant  clerks  of  the  senate  and  Assistant 

.  .  .  clerks, 

house  of  representatives,  as  authorized  by  chapter  six  hun-  senate  and 
dred  and  seventy-four  of  the  acts  of  the  present  year,  as 
follows:  —  For  William  H.  Sanger,  assistant  clerk  of  the 
senate,  a  sum  not  exceeding  four  hundred  fifty-eight  dollars 
and  thirty-three  cents,  and  for  Frank  E.  Bridgman,  assistant 
clerk  of  the  house  of  representatives,  a  sum  not  exceeding 
four  hundred  fifty-eight  dollars  and  thirty-three  cents,  the 
same  to  be  in  addition  to  any  amounts  heretofore  appropri- 
ated for  these  purposes. 

For  the  expense  of  constructing  a  state  highway  in  the  state  highway 
towns  of  Shelburne  and  Greenfield,  as  authorized  by  chapter  and  Gre^fieid. 
six  hundred  and  seventy-eight  of  the  acts  of  the  present 
year,  a  sum  not  exceeding  ten  thousand  dollars. 

For  the  general  work  of  the  state  board  of  health  on  state  board 
account  of  duties  imposed  by  chapter  two  hundred  and 
ninety-seven  of  the  acts  of  the  present  year,  a  sum  not 
exceeding  six  hundred  dollars,  the  same  to  be  in  addition 
to  any  amount  heretofore  appropriated  for  this  purpose. 

For  obtaining  information  concerning  the  proper  lighting  Lighting  of 
of  factories  and  workshops,  as  authorized  by  chapter  six  ^'^  °"'^^'  ^ ''' 
hundred  and  three  of  the  acts  of  the  present  year,  a  sum 
not  exceeding  four  hundred  dollars,  the  same  to  be  in  addi- 
tion to  any  amount  heretofore  appropriated  for  expenses 
of  inspectors  of  health  employed  by  the  state  board  of 
health. 

For  the  salaries  and  expenses  of  the  inspectors  of  health  inspectors  of 
employed  by  the  state  board  of  health,  as  authorized  by 
chapter  seven  hundred  and  nine  of  the  acts  of  the  present 
year,  a  sum  not  exceeding  twenty-two  hundred  and  fifty 
dollars,  the  same  to  be  in  addition  to  any  amounts  hereto- 
fore appropriated  for  this  purpose. 

For  the  salary  of  Joseph  R.  McCoole,  assistant  register  Joseph  r. 
of  probate  and  insolvency  for  the  county  of  Norfolk,  as 
authorized  by  chapter  seven  hundred  and  ten  of  the  acts  of 
the  present  year,  a  sum  not  exceeding  four  hundred  dollars, 
the  same  to  be  in  addition  to  any  amount  heretofore  appro- 
priated for  this  purpose. 

For   expenses   of  the   metropolitan   park  apportionment  Metropolitan 
commission,   as   authorized   by   chapter   one   hundred   and  portio^nment 

commission. 


996 


Acts,  1911.  — Chap.  749. 


Bradford 
Durfee 

Textile  School 
of  Fall  River. 


Same. 


Fitchburg 
normal  school. 


Pages  of  the 
general  court. 


Westborough 
state  hospital. 


Gardner  state 
colony. 


Clerk  of  the 
house  of 
representa- 
tives. 


Massachusetts 
School  for 
the  Feeble- 
Mi  nded. 


Furniture  and 
fixtures. 


twenty-two  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  ten  thousand  six  hundred  eighty-three  dollars  and 
twenty-eight  cents,  the  same  to  be  paid  from  the  Metropolitan 
Parks  jMaintenance  Fund. 

For  The  Bradford  Durfee  Textile  School  of  Fall  River,  as 
authorized  by  chapter  one  hundred  and  twenty-three  of  the 
resolves  of  the  present  year,  the  sum  of  five  thousand  dol- 
lars for  land  and  the  sum  of  ten  thousand  dollars  for  new 
buildings. 

For  The  Bradford  Durfee  Textile  School  of  Fall  River,  as 
authorized  by  chapter  one  hundred  and  twenty-four  of  the 
resolves  of  the  present  year,  for  the  general  purposes  of  the 
school,  the  sum  of  twenty-seven  thousand  dollars,  and  for 
new  machinery,  the  sum  of  eleven  thousand  dollars. 

For  the  purchase  of  land  at  the  state  normal  school  at 
Fitchburg,  as  authorized  by  chapter  one  hundred  and  twenty- 
five  of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
twenty-five  thousand  dollars. 

For  the  compensation  of  the  pages  of  the  general  court, 
as  authorized  by  chapter  one  hundred  and  twenty-seven  of 
the  resolves  of  the  present  year,  a  sum  not  exceeding  eleven 
hundred  dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  this  purpose. 

For  certain  improvements  at  the  Westborough  state  hos- 
pital, as  authorized  by  chapter  one  hundred  and  twenty- 
eight  of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
eighteen  thousand  nine  hundred  dollars. 

For  certain  improvements  at  the  Gardner  state  colony, 
as  authorized  by  chapter  one  hundred  and  twenty-nine  of 
the  resolves  of  the  present  year,  a  sum  not  exceeding  twenty- 
one  thousand  four  hundred  dollars. 

For  clerical  assistance  in  the  office  of  the  clerk  of  the  house 
of  representatives,  as  authorized  by  chapter  one  hundred  and 
thirty  of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
three  hundred  dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  this  purpose. 

For  certain  improvements  at  the  Massachusetts  School  for 
the  Feeble-Minded,  as  authorized  by  chapter  one  hundred  and 
thirty-one  of  the  resolves  of  the  present  year,  a  sum  not  ex- 
ceeding fifteen  thousand  dollars. 

For  new  furniture  and  fixtures  in  the  state  house,  a  sum 
not  exceeding  fifteen  hundred  dollars,  the  same  to  be  in 
addition  to  any  amount  heretofore  appropriated  for  tliis 
purpose. 


sioners. 


Acts,  1911.  — Chap.  750.  997 

For  printing  the  blue  book,  a  sum  not  exceeding  three  Blue  book. 
thousand  dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  this  purpose. 

For  the  salaries  and  expenses  of  the  trustees  of  the  Massa-  Massachusetts 

1  j,j_j_'*  11  ji'ii  1j  n         training  schools. 

enusetts  trannng  schools,  as  authorized  by  chapter  nve 
hundred  and  sixty-six  of  the  acts  of  the  present  year,  a  sum 
not  exceeding  fifteen  hundred  dollars,  the  same  to  be  in 
addition  to  any  amount  heretofcre  appropriated  for  this 
purpose. 

For  printing  the  list  of  officials  and  employees  of  the  Lists  of 
commonwealth,    a   sum   not   exceeding   forty-five   hundred  °  '^^^" 
dollars,  the  same  to  be  in  addition  to  the  amount  appro- 
priated for  printing  public  documents. 

For  printing  the  report  of  the  gas  and  electric  light  com-  Gas  and 
missioners,  the  sum  of  seven  hundred  eighty-two  dollars  and  commfs-'^^* 
ninety  cents,  the  same  to  be  in  addition  to  any  amount  here- 
tofore appropriated  for  this  purpose,  to  be  paid  from  the  Gas 
and  Electric  Light  Commissioners  Fund. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  28,  1911. 


An  Act  to  authorize  the  city  of  Worcester  to  borrow  (y/^f^,^  750 

MONEY  for  procuring  AN  EMERGENCY  SUPPLY  OF  WATER.  ^  * 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  city  of  Worcester  is  hereby  authorized  Worcester 
to  borrow  from  time  to  time  such  sums  of  money  as  it  may  Emergency ' 
deem  necessary,  to  an  amount  not  exceeding  one  hundred  Ac^onon. 
thousand  dollars,  and  to  issue  therefor  notes,  bonds  or  cer- 
tificates of  indebtedness,  payable  not  later  than  January  1, 
1917,  from  receipts  for  the  sale  of  water.     Such  notes,  bonds 
or  certificates  of  indebtedness  shall  be  denominated  on  the 
face  thereof,  Worcester  Water  Scrip,   Emergency  Supply, 
Act  of  1911,  and  shall  be  issued  in  accordance  with  the  pro- 
visions of  chapter  twenty-seven  of  the  Revised  Laws,  and 
acts  in  amendment  thereof  and  in  addition  thereto. 

Section  2.     The  sums  received  from  the  sale  of  securities  Disposition 


issued  under  authority  hereof,  shall  be  used  for  defraying 
the  costs  and  expenses  incurred  in  providing  an  emergency 
supply  of  water  for  the  city  of  Worcester  to  be  procured 
during  the  vear  nineteen  hundred  and  eleven. 
Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  28,  1911. 


of  proceeds, 
etc. 


998 


Acts,  1911.  —  Chap.  751.  —  Pakt  I. 


ChapJ751  An  Act  relative  to  payivients  to  employees  for  per- 
sonal INJURIES  received  IN  THE  COURSE  OF  THEIR  EM- 
PLOYMENT  AND   TO   THE   PREVENTION   OF   SUCH   INJURIES. 


Be  it  enacted,  etc.,  as  follows: 


Part  I. 


Damages  fc- 
personal 
injury,  etc. 


Law  not  to 
apply  in 
certain  cases. 


Same. 


Same. 


Right  of 
action  in 
certain  cases 
held  to  be 
waived. 


MODIFICATION   OF  REMEDIES. 

Section  1.  In  an  action  to  recover  damages  for  personal 
injury  sustained  by  an  employee  in  the  course  of  his  employ- 
ment, or  for  death  resulting  from  personal  injury  so  sus- 
tained, it  shall  not  be  a  defense: 

1.  That  the  employee  was  negligent; 

2.  That  the  injury  was  caused  by  the  negligence  of  a 
fellow  employee; 

3.  That  the  employee  had  assumed  the  risk  of  the 
injury. 

Section  2.  The  provisions  of  section  one  shall  not  apply 
to  actions  to  recover  damages  for  personal  injuries  sustained 
by  domestic  servants  and  farm  laborers. 

Section  3.  The  provisions  of  section  one  shall  not  apply 
to  actions  to  recover  damages  for  personal  injuries  sustained 
by  employees  of  a  subscriber. 

Section  4.  The  provisions  of  sections  one  hundred  and 
twenty-seven  to  one  hundred  and  thirty-five,  inclusive,  and 
of  one  hundred  and  forty-one  to  one  hundred  and  forty- 
three,  inclusive,  of  chapter  five  hundred  and  fourteen  of 
the  acts  of  the  year  nineteen  huhdred  and  nine,  and  of  any 
acts  in  amendment  thereof,  shall  not  apply  to  employees 
of  a  subscriber  while  this  act  is  in  effect. 

Section  5.  An  employee  of  a  subscriber  shall  be  held 
to  have  waived  his  right  of  action  at  common  law  to  recover 
damages  for  personal  injuries  if  he  shall  not  have  given  his 
employer,  at  the  time  of  his  contract  of  hire,  notice  in  writing 
that  he  claimed  such  right,  or  if  the  contract  of  hire  was 
made  before  the  employer  became  a  subscriber,  if  the  em- 
ployee shall  not  have  given  the  said  notice  within  thirty 
days  of  notice  of  such  subscription.  An  employee  who  has 
given  notice  to  his  employer  that  he  claimed  his  right  of 
action  at  common  law  may  waive  such  claim  by  a  notice 
in  writing  which  shall  take  effect  five  days  after  it  is  deliv- 
ered to  the  employer  or  his  agent. 


Acts,  1911.  — Chap.  751.  — Part  XL  999 


Part  II. 

PAYIMENTS. 

Section  1.  If  an  employee  who  has  not  given  notice  Payment  of 
of  his  claim  of  common  law  rights  of  action,  as  provided  *^°"'p®°^*'°°- 
in  Part  I,  section  five,  or  who  has  given  such  notice  and  has 
waived  the  same,  receives  a  personal  injury  arising  out 
of  and  in  the  course  of  his  employment,  he  shall  be  paid 
compensation  by  the  association,  as  hereinafter  provided, 
if  his  employer  is  a  subscriber  at  the  time  of  the  injury. 

Section  2.     If   the    employee   is   injured   by   reason   of  of'lm°fo>^e 
his  serious  and  wilful  misconduct,  he  shall  not  receive  com-  to  prohibit 

compensation. 

pensation. 

Section  3.  If  the  employee  is  injured  by  reason  of  the  Misconduct 
serious  and  wilful  misconduct  of  a  subscriber  or  of  any  plfson^'Sx. 
person  regularly  entrusted  with  and  exercising  the  powers 
of  superintendence,  the  amounts  of  compensation  herein- 
after provided  shall  be  doubled.  In  such  case  the  sub- 
scriber shall  repay  to  the  association  the  extra  compensation 
paid  to  the  employee. 

Section  4.     No  compensation  shall  be  paid  under  this  Certain 
act  for  any  injury  which  does  not  incapacitate  the  employee  j^^,  etc."^' 
for  a  period  of  at  least  two  wrecks  from  earning  full  wages, 
but  if  incapacity  extends  beyond  the  period  of  two  weeks; 
compensation   shall  begin  on  the  fifteenth  day  after  the 
injury. 

Section  5.     During  the  first  two  weeks  after  the  injury,  Medical  and 
the  association  shall  furnish  reasonable  medical  and  hospital  se°rTicM. 
services,  and  medicines  when  they  are  needed. 

Section  6.     If  death  results  from  the  injury,  the  asso-  if  death 
ciation  shall  pay  the  dependents  of  the  employee,  wholly  [njuI-yceXin 
dependent  upon  his  earnings  for  support  at  the  time  of  ^  be"com- 
the  injury,  a  weekly  payment  equal  to  one  half  his  average  pensated. 
weekly  wages,  but  not  more  than  ten  dollars  nor  less  than 
four  dollars  a  week,  for  a  period  of  three  hundred  weeks 
from  the  date  of  the  injury.     If  the  employee  leaves  de- 
pendents   only    partly    dependent    upon    his    earnings    for 
support  at  the  time  of  his  injury,  the  association  shall  pay 
such  dependents  a  weekly  compensation  equal  to  the  same 
proportion  of  the  weekly  payments  for  the  benefit  of  persons 
wholly  dependent  as  the  amount  contributed  by  the  employee 
to  such  partial  dependents  bears  to  the  annual  earnings  of 
the  deceased  at  the  time  of  his  injury.     When  weekly  pay- 


1000 


Acts,  1911.  — Chap.  751.  — Part  II. 


Who  are 
presumed 
to  be 

dependenta, 
etc. 


Expense  of  last 
sickness  and 
burial  to  be 
paid  in  cer- 
tain cases. 


Compensation 
to  be  paid 
v/hile  in- 
capacity for 
work  continues. 


Amount  to  be 
paid  in  cases 
of  partial 
incapacity, 
etc. 


ments  have  been  made  to  an  injured  employee  before  his 
death,  the  compensation  to  dependents  shall  begin  from  the 
date  of  the  last  of  such  payments,  but  shall  not  continue 
more  than  three  hundred  weeks  from  the  date  of  the  injury. 
Section  7.  The  following  persons  shall  be  conclusively 
presumed  to  be  wholly  dependent  for  support  upon  a  de- 
ceased employee:  — 

(a)  A  wife  upon  a  husband  with  whom  she  lives  at  the 
time  of  his  death. 

(b)  A  husband  upon  a  wife  with  whom  he  lives  at  the  time 
of  her  death. 

(c)  A  child  or  children  under  the  age  of  eighteen  years 
(or  over  said  age,  but  physically  or  mentally  incapacitated 
from  earning)  upon  the  parent  with  whom  he  is  or  they 
are  living  at  the  time  of  the  death  of  such  parent,  there 
being  no  surviving  dependent  parent.  In  case  there  is  more 
than  one  child  thus  dependent,  the  death  benefit  shall  be 
divided  equally  among  them. 

In  all  other  cases  questions  of  dependency,  in  whole  or 
in  part,  shall  be  determined  in  accordance  with  the  fact, 
as  the  fact  may  be  at  the  time  of  the  injury;  and  in  such 
other  cases,  if  there  is  more  than  one  person  wholly  depend- 
ent, the  death  benefit  shall  be  divided  equally  among  them, 
and  persons  partly  dependent,  if  any,  shall  receive  no  part 
thereof;  if  there  is  no  one  wholly  dependent  and  more  than 
one  person  partly  dependent,  the  death  benefit  shall  be 
divided  among  them  according  to  the  relative  extent  of  their 
dependency. 

Section  8.  If  the  employee  leaves  no  dependents,  the 
association  shall  pay  the  reasonable  expense  of  his  last 
sickness  and  burial,  which  shall  not  exceed  two  hundred 
dollars. 

Section  9.  While  the  incapacity  for  work  resulting 
from  the  injury  is  total,  the  association  shall  pay  the  in- 
jured employee  a  weekly  compensation  equal  to  one  half 
his  average  weekly  wages,  but  not  more  than  ten  dollars 
nor  less  than  four  dollars  a  week;  and  in  no  case  shall 
the  period  covered  by  such  compensation  be  greater  than 
five  hundred  weeks,  nor  the  amount  more  than  three  thou- 
sand dollars. 

Section  10.  While  the  incapacity  for  work  resulting 
from  the  injury  is  partial,  the  association  shall  pay  the 
injured  employee  a  weekly  compensation  equal  to  one  half 
the  difference  between   his   average   weekly   wages    before 


Acts,  1911.  — Chap.  751.  —  Part  II.  1001 

the  injury  and  the  average  weekly  wages  which  he  is  able 
to  earn  thereafter,  but  not  more  than  ten  dollars  a  week; 
and  in  no  case  shall  the  period  covered  by  such  compensa- 
tion be  greater  than  three  hundred  weeks  from  the  date  of 
the  injury. 

Section  11.  In  case  of  the  following  specified  injuries  Amount  to 
the  amounts  hereinafter  named  shall  be  paid  in  addition  casS" o1 '" 
to  all  other  compensation:  infurfes! 

(a)  For  the  loss  by  severance  of  both  hands  at  or  above 
the  wrist,  or  both  feet  at  or  above  the  ankle,  or  the  loss 
of  one  hand  and  one  foot,  or  the  entire  and  irrecoverable  loss 
of  the  sight  of  both  eyes,  one  half  of  the  average  weekly 
wages  of  the  injured  person,  but  not  more  than  ten  dollars 
nor  less  than  four  dollars  a  week,  for  a  period  of  one  hundred 
weeks. 

(6)  For  the  loss  by  severance  of  either  hand  at  or  above 
the  wrist,  or  either  foot  at  or  above  the  ankle,  or  the  entire 
and  irrecoverable  loss  of  the  sight  of  either  eye,  one  half  the 
average  weekly  wages  of  the  injured  person,  but  not  more 
than  ten  dollars  nor  less  than  four  dollars  a  week,  for  a 
period  of  fifty  weeks. 

(c)  For  the  loss  by  severance  at  or  above  the  second  joint 
of  two  or  more  fingers,  including  thumbs,  or  toes,  one  half 
the  average  weekly  wages  of  the  injured  person,  but  not 
more  than  ten  dollars  nor  less  than  four  dollars  a  week,  for 
a  period  of  twenty-five  weeks. 

(d)  For  the  loss  by  severance  of  at  least  one  phalange 
of  a  finger,  thumb,  or  toe,  one  half  the  average  weekly 
wages  of  the  injured  person,  but  not  more  than  ten  dollars 
nor  less  than  four  dollars  a  week,  for  a  period  of  twelve 
weeks. 

Section     12.     No  savings  or  insurance   of  the  injured  fn^uref  e4- 
emplovee,  independent  of  this  act,  shall  be  taken  into  con-  pioyeenotto 

.  ,^      ^ .  .        ,  ^  .     .  ,  .  ,  .  ,    1  be  considered. 

sideration  m  determmmg  the  compensation  to  be  paid  here- 
under, nor  shall  benefits  derived  from  any  other  source  than 
the  association  be  considered  in  fixing  the  compensation  ♦ 

under  this  act. 

Section  13.    The  compensation  payable  under  this  act  to  wh9m  com- 
in  case  of  the  death  of  the  injured  employee  shall  be  paid  SiVe'^paid 
to  his  legal  representative;   or,  if  he  has  no  legal  representa-  JSs^s!^^"' 
tive  to  his  dependents;  or,  if  he  leaves  no  dependents,  to 
the  persons  to  whom  payment  of  the  expenses  for  the  last 
sickness  and   burial  are  due.     If   the   payment  is  made  to 
the  legal  representative  of  the  deceased  employee,  it  shall 


1002 


Acts,  1911.  — Chap.  751.  — Part  II. 


Guardian, 
etc.,  may 
claim  right 
in  certain 
cases. 


Notice  of 
injury  to  be 
given,  etc. 


Notice  to  be 
in  writing, 
etc. 


Serving  of 
notice. 


Notice  not  to 
be  invalid  by 
reason  of  in- 
accuracy, etc. 


Medical 

examination, 

etc. 


be  paid  by  him  to  the  dependents  or  other  persons  entitled 
thereto  under  this  act. 

Section  14.  If  an  injured  employee  is  mentally  in- 
competent or  is  a  minor  at  the  time  when  any  right  or  privi- 
lege accrues  to  him  under  this  act,  his  guardian  or  next 
friend  may  in  his  behalf  claim  and  exercise  such  right  or 
privilege. 

Section  15.  No  proceedings  for  compensation  for  an 
injury  under  this  act  shall  be  maintained  unless  a  notice 
of  the  injury  shall  have  been  given  to  the  association  or 
subscriber  as  soon  as  practicable  after  the  happening  thereof, 
and  unless  the  claim  for  compensation  with  respect  to  such 
injury  shall  have  been  made  within  six  months  after  the 
occurrence  of  the  same;  or,  in  case  of  the  death  of  the 
employee,  or  in  the  event  of  his  physical  or  mental  incapacity, 
within  six  months  after  death  or  the  removal  of  such  physical 
or  mental  incapacity. 

Section  16.  The  said  notice  shall  be  In  writing,  and 
shall  state  in  ordinary  language  the  time,  place  and  cause 
of  the  injury;  and  shall  be  signed  by  the  person  injured, 
or  by  a  person  in  his  behalf,  or,  in  the  event  of  his  death, 
by  his  legal  representative  or  by  a  person  in  his  behalf. 

Section  17.  The  notice  shall  be  served  upon  the  asso- 
ciation, or  an  officer  or  agent  thereof,  or  upon  the  subscriber, 
or  upon  one  subscriber,  if  there  are  more  subscribers  than 
one,  or  upon  any  officer  or  agent  of  a  corporation  if  the  sub- 
scriber is  a  corporation,  by  delivering  the  same  to  the  person 
on  whom  it  is  to  be  served,  or  leaving  it  at  his  residence 
or  place  of  business,  or  by  sending  it  by  registered  mail 
addressed  to  the  person.or  corporation  on  whom  it  is  to  be 
served,  at  his  last  known  residence  or  place  of  business. 

Section  18.  A  notice  given  under  the  provisions  of 
this  act  shall  not  be  held  invalid  or  insufficient  by  reason 
of  any  inaccuracy  in  stating  the  time,  place  or  cause  of 
the  injury,  unless  it  is  shown  that  it  was  the  intention  to 
mislead  and  the  association  was  in  fact  misled  therebv. 
Want  of  notice  shall  not  be  a  bar  to  proceedings  under 
this  act,  if  it  be  shown  that  the  association,  subscriber, 
or  agent  had  knowledge  of  the  injury. 

Section  19.  After  an  employee  has  given  notice  of  an 
injury,  as  provided  by  this  act,  and  from  time  to  time  there- 
after during  the  continuance  of  his  disability  he  shall,  if  so 
requested  by  the  association,  submit  himself  to  an  examina- 
tion by  a  physician  or  surgeon  authorized  to  practise  medi- 


Acts,  1911.  — Chap.  751.  — Part  III.  1003 

cine  under  the  laws  of  the  commonwealth,  furnished  and 
paid  for  by  the  association.  The  employee  shall  have  the 
right  to  have  a  physician  provided  and  paid  for  by  himself 
present  at  the  examination.  If  he  refuses  to  submit  him- 
self for  the  examination,  or  in  any  way  obstructs  the  same, 
his  right  to  compensation  shall  be  suspended,  and  his  com- 
pensation during  the  period  of  suspension  may  be  forfeited. 

Section  20.     No  agreement  by  an  employee  to  waive  Right  of 
his  rights  to  compensation  under  this  act  shall  be  valid.  not  ^  be 

Section  21.     No  payment  under  this  act  shall  be  assign-  Nonobe 
able  or  subject  to  attachment,  or  be  liable  in  any  way  for  assigned,  etc. 
any  debts. 

Section  22.     Whenever  any  weekly  payment  has  been  a  lump  sum 
continued  for  not  less  than  six  months,  the  liability  there-  on  agreement. 
for  may  in  unusual  cases  be  redeemed  by  the  payment  of 
a  lump  sum  by  agreement  of  the  parties,  subject  to  the 
approval  of  the  industrial  accident  board. 

Part  III. 

*  PROCEDURE. 

Section  1.    There  shall  be  an  industrial  accident  board  industrial 
consisting  of  three  members,  to  be  appointed  by  the  governor,  board,  ap- 
by  and  with  the  advice  and  consent  of  the  council,  one  of  et°c?  ^^°  ' 
whom  shall  be  designated  by  the  governor  as  chairman. 
The  term  of  office  of  members  of  this  board  shall  be  six 
years,  except  that  when  first  constituted  one  member  shall 
be  appointed  for  two  years,  one  for  four  years,  and  one  for 
six  years.     Thereafter  one  member  shall  be  appointed  every 
second  year  for  the  full  term  of  six  years. 

Section  2.     The  salaries  and  expenses  of  the  board  shall  Salaries  and 
be  paid  by  the  commonwealth.     The  salary  of  the  chair-  be^pafrby  the 
man  shall  be  sixty-five  hundred  dollars  a  year,  and  the  sal-  weTitLTetc. 
ary  of  the  other  members  shall  be  six  thousand  dollars  a 
year  each.     The  board  may  appoint  a  secretary  at  a  salary 
of  not  more  than  three  thousand  dollars  a  year,  and  may 
remove  him.     It  shall  also  be  allowed  an  annual  sum,  not 
exceeding   ten   thousand   dollars,    for   clerical   service,   and 
travelling  and  other  necessary  expenses.     The  board  shall 
be  provided  with  an  office  in  the  state  house  or  in  some 
other  suitable  building  in  the  city  of  Boston,  in  which  its 
records  shall  be  kept. 

Section  3.     The  board  may  make  rules  not  inconsistent  The  board 
with  this  act  for  carrying  out  the  provisions  of  the  act.  mie^s,^tc.^ 


lOOi 


Acts,  1911.  — Ciiat.  751.  — Part  III. 


Agreements 
to  be  filed 
with  the 
board. 


Committee  of 
arbitration 
may  be 
formed,  etc. 


Duties  of  the 
board,  etc. 


Investigation 
to  be  made  by 
the  committee 
of  arbitration. 


Appointment 
of  physician, 
etc. 


Process  and  procedure  under  this  act  shall  be  as  summary 
as  reasonably  may  be.  The  board  or  any  member  thereof 
shall  have  the  power  to  subpoena  witnesses  and  to  examine 
such  parts  of  the  books  and  records  of  the  parties  to  a  pro- 
ceeding as  relate  to  questions  in  dispute. 

Section  4.  If  the  association  and  the  injured  employee 
reach  an  agreement  in  regard  to  compensation  under  this 
act,  a  memorandum  of  the  agreement  shall  be  filed  with 
the  industrial  accident  board  and,  if  approved  by  it,  there- 
upon the  memorandum  shall  for  all  purposes  be  enforcible 
as  a  decree  of  the  superior  court.  Such  agreements  shall 
be  approved  by  said  board  only  when  the  terms  conform 
to  the  provisions  of  this  act. 

Section  5.  If  the  association  and  the  injured  employee 
fail  to  reach  an  agreement  in  regard  to  compensation  under 
this  act,  either  party  may  notify  the  industrial  accident 
board  who  shall  thereupon  call  for  the  formation  of  a  com- 
mittee of  arbitration.  The  committee  of  arbitration  shall 
consist  of  three  members,  one  of  whom  shall  be  a  member 
of  the  industrial  accident  board,  and  shall  act  as  chairman. 
The  other  two  members  shall  be  named,  respectively,  by 
the  two  parties. 

Section  6.  It  shall  be  the  duty  of  the  industrial  acci- 
dent board,  upon  notification  that  the  parties  have  failed 
to  reach  an  agreement,  to  request  both  parties  to  appoint 
their  respective  representatives  on  the  committee  of  arbi- 
tration. The  board  shall  designate  one  of  its  members 
to  act  as  chairman,  and,  if  either  party  does  not  appoint 
its  member  on  this  committee  within  seven  days  after  noti- 
fication, as  above  provided,  the  board  or  any  member 
thereof  shall  fill  the  vacancy  and  notify  the  parties  to  that 
effect. 

Section  7.  The  committee  of  arbitration  shall  make 
such  inquiries  and  investigations  as  it  shall  deem  neces- 
sary. The  hearings  of  the  committee  shall  be  held  at  the 
place  where  the  injury  occurred,  and  the  decision  of  the 
committee  shall  be  filed  with  the  industrial  accident  board. 
Unless  a  claim  for  a  review  is  filed  by  eitlier  party  within 
seven  days,  the  decision  shall  be  enforcible  as  if  it  were  a 
decree  of  the  superior  court. 

Section  8.  The  industrial  accident  board  or  any  mem- 
ber thereof  may  appoint  a  duly  qualified  impartial  physi- 
cian to  examine  the  injured  employee  and  to  report.  The 
fee  for  this  service  shall  be  five  dollars  and  travelling  ex- 


Acts,  1911.  — Chap.  751.  — Part  III.  1005 

penses,    but   the    bocard    may   allow   additional    reasonable 
amounts  in  extraordinary  cases. 

Section  9.  The  arbitrators  named  by  or  for  the  par-  Fee  of  arbitra- 
ties  to  the  dispute  shall  each  receive  five  dollars  as  a  fee  ^^' 
for  his  services,  but  the  industrial  accident  board  or  any 
member  thereof  may  allow  additional  reasonable  amounts 
in  extraordinary  cases.  The  fees  shall  be  paid  by  the  asso- 
ciation, which  shall  deduct  an  amount  equal  to  one  third 
of  the  sum  from  any  compensation  found  due  the  em- 
ployee. 

Section   10.     If  a  claim  for  a  review  is  filed,  as  provided  f^^^"^  °^ 
in  Part  III,  section  seven,  the  board  shall  hear  the  parties 
and  file  its  decision  with  the  records  of  the  proceedings. 

Section  11.     There  shall  be  a  right  of  appeal  to  the  Right  of 
supreme  judicial  court  on  questions  of  law,  and  the  Indus-  ''pp'^'- 
trial  accident  board  may  report  questions  of  law  to  the  su- 
preme judicial  court  for  its  determination. 

Section  12.     Any  weekly  payment  under  this  act  may  WeeWy 
be  reviewed  by  the  industrial  accident  board  at  the  request  ma^/be  *^ 
of  the  association  or  of  the  employee;    and  on  such  review  orTncreal^d. 
it  may  be  ended,  diminished  or  increased,  subject  to  the 
maximum  and  minimum  amounts  above  provided,  if  the 
board  finds  that  the  condition  of  the  employee  warrants 
such  action. 

Section    13.     Fees  of  attorneys  and  physicians  for  serv-  Fees  of 
ices  under  this  act  shall  be  subject  to  the  approval  of  the  ^'-^^^^y^- et«=- 
industrial  accident  board. 

Section    14.     If  the  committee  of  arbitration,  industrial  Payment  of 

'  ,  cost  of 

accident  board,  or  any  court  before  whom  any  proceedings  proceedings 
are  brought  under  this  act  determines  that  such  proceedings  arbitration 
have  been  brought,  prosecuted,  or  defended  without  reason- 
able ground,  it  shall  assess  the  whole  cost  of  the  proceed- 
ings upon  the  party  who  has  so  brought,  prosecuted  or 
defended  them. 

Section  15.  Where  the  injury  for  which  compensation  Legal 
is  payable  under  this  act  was  caused  under  circumstances  l^'uries/"'^ 
creating  a  legal  liability  in  some  person  other  than  the 
subscriber  to  pay  damages  in  respect  thereof,  the  employee 
may  at  his  option  proceed  either  at  law  against  that  person 
to  recover  damages,  or  against  the  association  for  com- 
pensation under  this  act,  but  not  against  both,  and  if 
compensation  be  paid  under  this  act,  the  association  may 
enforce  in  the  name  of  the  employee,  or  in  its  own  name  and 
for  its  own  benefit,  the  liability  of  such  other  person. 


lOOG 


Acts,  1911.  — Chap.  751.  — Pakt  III. 


Settlement  of 

certain 

questions. 


Proceedings  in 
case  of  con- 
tract work,  etc. 


Record  of 
injuries  to 
be  kept,  etc. 


Supplemental 
report. 


Section  16.  All  questions  arising  under  this  act,  if  not 
settled  by  agreement  by  the  parties  interested  therein, 
shall,  except  as  otherwise  herein  provided,  be  determined 
by  the  industrial  accident  board.  The  decisions  of  the 
industrial  accident  board  shall  for  all  purposes  be  enforcible 
as  if  they  were  decrees  of  the  superior  court. 

Section  17.  If  a  subscriber  enters  into  a  contract,  writ- 
ten or  oral,  wath  an  independent  contractor  to  do  such 
subscriber's  work,  or  if  such  a  contractor  enters  into  a 
contract  with  a  sub-contractor  to  do  all  or  any  part  of 
the  work  comprised  in  such  contract  with  the  subscriber, 
and  the  association  would,  if  such  work  were  executed 
by  employees  immediately  employed  by  the  subscriber, 
be  liable  to  pay  compensation  under  this  act  to  those 
employees,  the  association  shall  pay  to  such  employees 
any  compensation  which  would  be  payable  to  them  under 
this  act  if  the  independent  or  sub-contractors  were  sub- 
scribers. The  association,  however,  shall  be  entitled  to 
recover  indemnity  from  any  other  person  who  would  have 
been  liable  to  such  employees  independently  of  this  section, 
and  if  the  association  has  paid  compensation  under  the 
terms  of  this  section,  it  may  enforce  in  the  name  of  the 
employee,  or  in  its  own  name  and  for  the  benefit  of  the  asso- 
ciation, the  liability  of  such  other  person.  This  section  shall 
not  apply  to  any  contract  of  an  independent  or  sub-contractor 
which  is  merely  ancillary  and  incidental  to,  and  is  no  part 
of  or  process  in,  the  trade  or  business  carried  on  by  the  sub- 
scriber, nor  to  any  case  where  the  injury  occurred  elsewhere 
than  on,  in,  or  about  the  premises  on  which  the  contractor 
has  undertaken  to  execute  the  work  for  the  snibscriber  or 
which  are  under  the  control  or  management  of  the  subscriber. 

Section  18.  Every  employer  shall  hereafter  keep  a 
record  of  all  injuries,  fatal  or  otherwise,  received  by  his 
employees  in  the  course  of  their  employment.  Within 
forty-eight  hours,  not  counting  Sundays  and  legal  holi- 
days, after  the  occurrence  of  an  accident  resulting  in  per- 
sonal injury  a  report  thereof  shall  be  made  in  writing  to 
the  industrial  accident  board  on  blanks  to  be  procured 
from  the  board  for  the  purpose. 

Upon  the  termination  of  the  disability  of  the  injured 
employee  or,  if  such  disability  extends  beyond  a  period 
of  sixty  days,  at  the  expiration  of  such  period  the  emjiloyer 
shall  make  a  supplemental  report  on  blanks  to  be  procured 
from  the  board  for  that  purpose. 


Acts,  1911.  — Chap.  751.  — Part  IY.  1007 

The  said  reports  shall  contain  the  name  and  nature  of  Contents  of 
the  business  of  the  employer,  the  location  of  the  estab- 
lishment, the  name,  age,  sex  and  occupation  of  the  injured 
employee,  and  shall  state  the  date  and  hour  of  the  accident, 
the  nature  and  cause  of  the  injury,  and  such  other  informa- 
tion as  may  be  required  by  the  board. 

Any  employer  who  refuses  or  neglects  to  make  the  report  Penalty. 
required  by  this  section  shall  be  punished  by  a  fine  of  not 
more  than  fifty  dollars  for  each  offence. 

Part  IV. 

THE  MASSACHUSETTS  EMPLOYEES  INSURANCE  ASSOCIATION. 

Section     1 .    The   Massachusetts   Employees   Insurance  The  Massachu- 
Association  is  hereby  created  a  body  corporate  with  the  ployees'"" 
powers  provided  in  this  act  and  with  all  the  general  cor-  iTsocSuon 
porate  powers  incident  thereto.  created. 

Section     2.    The   governor   shall   appoint   a   board   of  ^p^^d  of 
directors  of  the  association,  consisting  of  fifteen  members,  appointment, 
who  shall  serve  for  a  term  of  one  year,  or  until  their  suc- 
cessors are  elected  by  ballot   by   the   subscribers   at   such 
time  and  for  such  term  as  the  by-laws  shall  provide. 

Section    3.     Until  the  first  meeting  of  the  subscribers  Powers  of  the 
the  board  of  directors  shall  have  and  exercise  all  the  powers 
of  the  subscribers,  and  may  adopt  by-laws  not  inconsistent 
with  the  provisions  of  this  act,  which  shall  be  in  effect  until 
amended  or  repealed  by  the  subscribers. 

Section  4.     The  board  of  directors  shall  annually  choose  officers  of 
by  ballot  a  president,  who  shall  be  a  member  of  the  board, 
a  secretary,  a  treasurer,  and  such  other  officers  as  the  by- 
laws shall  provide. 

Section  5.    Seven  or  more  of  the  directors  shall  consti-  Quorum. 
tute  a  quorum  for  the  transaction  of  business. 

Vacancies  in  any  office  may  be  filled  in  such  manner  as  vacancies. 
the  by-laws  shall  provide. 

Section    6.    Any  emplover  in  the  commonwealth  may  \^y  em- 

,  1  •!  ployer  may 

become  a  subscriber.  beasub- 

Section    7.    The  board  of  directors  shall,  within  thirty  Fh-gt" 
days  of  the  subscription  of  twenty-five  employers,  call  the  "^g^bolrd^ 
first  meeting  of  the  subscribers  by  a  notice  in  wTiting  mailed 
to  each  subscriber  at  his  place  of  business  not  less  than  ten 
days  before  the  date  fixed  for  the  meeting. 

Section   8.     In  any  meeting  of  the  subscribers  each  sub-  ^'t^^to'^ which 
scriber  shall  be  entitled  to  one  vote,  and  if  a  subscriber  each  sub- 


1008 


Acts,  1911.  — Chap.  751.  — Part  IY. 


scriber  is 
entitled. 


Issue  of 
policies. 


Same. 


Same. 


Duties  of  the 
insurance  com- 
missioner. 


Subscribers 
to  he  dis- 
tributed in 
groups. 

Payment  of 
premiums. 


Liability  of 
subscribers. 


has  five  hundred  employees  to  whom  the  association  is 
bound  to  pay  compensation  he  shall  be  entitled  to  two 
votes,  and  he  shall  be  entitled  to  one  additional  vote  for 
each  additional  five  hundred  employees  to  whom  the  asso- 
ciation is  bound  to  pay  compensation,  but  no  subscriber 
shall  cast,  by  his  own  right  or  by  the  right  of  proxy,  more 
than  twenty  votes. 

Section  9.  No  policy  shall  be  issued  by  the  association 
until  not  less  than  one  hundred  employers  have  subscribed, 
who  have  not  less  than  ten  thousand  employees  to  whom 
the  association  may  be  bound  to  pay  compensation. 

Section  10.  No  policy  shall  be  issued  until  a  list  of 
the  subscribers,  with  the  number  of  employees  of  each, 
together  with  such  other  information  as  the  insurance 
commissioner  may  require,  shall  have  been  filed  at  the 
insurance  department,  nor  until  the  president  and  secre- 
tary of  the  association  shall  have  certified  under  oath  that 
every  subscription  in  the  hst  so  filed  is  genuine  and  made 
with  an  agreement  by  every  subscriber  that  he  will  take 
the  policies  subscribed  for  by  him  within  thirty  days  of  the 
granting  of  a  license  to  the  association  by  the  insurance 
commissioner  to  issue  policies. 

Section  11.  If  the  number  of  subscribers  falls  below 
one  hundred,  or  the  number  of  employees  to  whom  the 
association  may  be  bound  to  pay  compensation  falls  below 
ten  thousand,  no  further  policies  shall  be  issued  until  other 
employers  have  subscribed  who,  together  with  existing 
subscribers,  amount  to  not  less  than  one  hundred  who  have 
not  less  than  ten  thousand  employees,  said  subscriptions  to 
be  subject  to  the  provisions  contained  in  the  preceding  section. 

Section  12.  Upon  the  filing  of  the  certificate  provided 
for  in  the  two  preceding  sections  the  insurance  commis- 
sioner shall  make  such  investigation  as  he  may  deem  proper 
and,  if  his  findings  warrant  it,  grant  a  license  to  the  associa- 
tion to  issue  policies. 

Section  13.  The  board  of  directors  shall  distribute  the 
subscribers  into  groups  in  accordance  with  the  natm-e  of 
the  business  and  the  degree  of  the  risk  of  injury. 

Subscribers  within  each  group  shall  annually  pay  in  cash, 
or  notes  absolutely  payable,  such  premiums  as  may  be 
required  to  pay  the  compensation  herein  pr-ovided  for  the 
injuries  which  may  occur  in  that  year. 

Section  14.  The  association  may  in  its  by-laws  and 
policies  fix  the  contingent  mutual  liability  of  the  subscribers 


Acts,  1911.  — Chap.  751.  — Part  IV.  1009 

for  the  payment  of  losses  and  expenses  not  provided  for 
by  its  cash  funds;  but  such  contingent  Uability  of  a  sub- 
scriber shall  not  be  less  than  an  amount  equal  to  and  in 
addition  to  the  cash  premium. 

Section  15.  If  the  association  is  not  possessed  of  cash  Assessments. 
funds  above  its  unearned  premiums  sufficient  for  the  pay- 
ment of  incurred  losses  and  expenses,  it  shall  make  an 
assessment  for  the  amount  needed  to  pay  such  losses  and 
expenses  upon  the  subscribers  liable  to  assessment  therefor 
in  proportion  to  their  several  liability. 

Every  subscriber  shall  pay  his  proportional  part  of  any 
assessments  which  may  be  laid  by  the  association,  in  ac- 
cordance with  law  and  his  contract,  on  account  of  injuries 
sustained  and  expenses  incurred  while  he  is  a  subscriber. 

Section  16.  The  board  of  directors  may,  from  time  to  Dividends. 
time,  by  vote  fix  and  determine  the  amount  to  be  paid  as 
a  dividend  upon  policies  expiring  during  each  year  after 
retaining  sufficient  sums  to  pay  all  the  compensation  which 
may  be  payable  on  account  of  injuries  sustained  and  ex- 
penses incurred. 

All  premiums,  assessments,  and  dividends  shall  be  fixed  b^avaihiWe 
by  and  for  groups  as  heretofore  provided  in  accordance  o^gf^i^^^^* 
with  the  experience  of  each  group,  but  all  the  funds  of  the 
association  and  the  contingent  liability  of  all  the  subscribers 
shall  be  available  for  the  payment  of  any  claim  against 
the  association. 

Section    17.     Any  proposed  premium,  assessment,  divi-  Jo^^^ggfoner 
dend  or  distribution  of  subscribers  shall  be  filed  with  the  to  approve 

premiums, 

insurance  department  and  shall  not  take  effect  until  approved  etc. 
by  the  insurance  commissioner  after  such  investigation  as 
he  may  deem  necessary. 

Section     18.    The  board  of  directors  shall  make  and  Ru'esand 

1  1      •  i»  1  •         regulations 

enforce  reasonable  rules  and  regulations  tor  the  prevention  for  the 

...  ,  .  (»         1  •!  1    J-         .1  •  prevention  of 

oi  injuries  on  the  premises  oi  subscribers,  and  tor  this  pur-  injuries,  etc. 
pose  the  inspectors  of  the  association  shall  have  free  access 
to  all  such  premises  during  regular  working  hours. 

Any  subscriber  or  employee  aggrieved  by  any  such  rule  or  Rules  may  be 
regulation  may  petition  the  industrial  accident  board  for  a  re-  ''®"^*®^^ 
view,  and  it  may  affirm,  amend,  or  annul  the  rule  or  regulation. 

Section   19.     If  any  officer  of  the  association  shall  falsely  False  oath  of 
make  oath  to  any  certificate  required  to  be  filed  with  the  °  '^'^^'  ^  °' 
insurance  commissioner,  he  shall  be  guilty  of  perjury. 

Section    20.     Every  subscriber  shall,  as  soon  as  he  se-  certain 

!•  •  ,•  •  •,•  •,,         11  notice  to  be 

cures  a  policy,  give  notice,  in  writing  or  print,  to  all  persons  given  to 


1010 


Acts,  1911.  — Chap.  751.  —  Pakt  Y. 


employees, 
etc. 

Same. 


Subscribers 
required  to 
pay  damages 
by  judgment 
of  a  court  may 
be  reimbursed 
in  certain 
cases. 


Certain 
provisions 
of  law  to 
apply. 


Expenses  of 
the  board  to 
be  approved 
by  tlie 

governor  and 
council. 


under  contract  of  hire  with  him  that  he  has  provided  for 
payment  to  injured  employees  by  the  association. 

Section  21.  Every  subscriber  shall  give  notice  in  writing 
or  print  to  every  person  with  whom  he  is  about  to  enter 
into  a  contract  of  hire  that  he  has  provided  for  payment  to 
injured  employees  by  the  association. 

Section  22.  If  a  subscriber,  who  has  complied  with 
all  the  rules,  regulations  and  demands  of  the  association, 
is  required  by  any  judgment  of  a  court  of  law  to  pay  to 
an  employee  any  damages  on  account  of  personal  injury 
sustained  by  such  employee  during  the  period  of  subscrip- 
tion, the  association  shall  pay  to  the  subscriber  the  full 
amount  of  such  judgment  and  the  cost  assessed  therewith, 
if  the  subscriber  shall  have  given  the  association  notice 
in  writing  of  the  bringing  of  the  action  upon  which  the 
judgment  was  recovered  and  an  opportunity  to  appear  and 
defend  the  same. 

Section  23.  The  provisions  of  chapter  five  hundred 
and  seventy-six  of  the  acts  of  the  year  nineteen  hundred 
and  seven  and  of  acts  in  amendment  thereof  shall  apply 
to  the  association,  so  far  as  such  provisions  are  pertinent 
and  not  in  conflict  with  the  provisions  of  this  act,  except 
that  the  corporate  powers  shall  not  expire  because  of  failure 
to  issue  policies  or  make  insurance. 

Section  24.  The  board  of  directors  appointed  by  the 
governor  under  the  provisions  of  Part  Y\ ,  section  two, 
may  incur  such  expenses  in  the  performance  of  its  duties 
as  shall  be  approved  by  the  governor  and  council.  Such 
expenses  shall  be  paid  from  the  treasury  of  the  common- 
wealth and  shall  not  exceed  in  amount  the  sum  of  fifteen 
thousand  dollars. 


Part  V. 


An  employee 
who  accepts 
payment,  etc., 
releases  tlio 
subscriber. 


Certain 
words  and 
phrases 
defined. 


miscellaneous  provisions. 

Section  1.  If  an  employee  of  a  subscriber  files  any 
claim  with  or  accepts  any  payment  from  the  association 
on  account  of  personal  injury,  or  makes  any  agreement, 
or  submits  any  question  to  arbitration,  under  this  act,  such 
action  shall  constitute  a  release  to  the  subscriber  of  all 
claims  or  demands  at  law,  if  any,  arising  from  the  injury. 

Section  2.  The  following  words  and  j)hrases.  as  used 
in  this  act,  shall,  unless  a  dill'eivnt  meaning  is  plainly  re- 
quired by  the  context,  have  the  following  meaning:  — 


Acts,  1911.  — Chap.  751.  — Part  Y.  1011 

"Employer"  shall  include  the  legal  representative  of  a  Certain 

,  1  I  o  J.  words  and 

aeceased  employer.  phrases 

"Employee"  shall  include  every  person  in  the  service 
of  another  under  any  contract  of  hire,  express  or  implied, 
oral  or  written,  except  one  whose  employment  is  but  casual, 
or  is  not  in  the  usual  course  of  the  trade,  busiriipss,  profes- 
sion or  occupation  of  his  employer.  Any  reference  to  an 
employee  who  has  been  injured  shall,  when  the  employee 
is  dead,  also  include  his  legal  representatives,  dependents 
and  other  persons  to  whom  compensation  may  be  payable. 

"Dependents"  shall  mean  members  of  the  employee's 
family  or  next  of  kin  who  were  wholly  or  partly  dependent 
upon  the  earnings  of  the  employee  for  support  at  the  time 
of  the  injury. 

"Average  weekly  wages"  shall  mean  the  earnings  of  the 
injured  employee  during  the  period  of  twelve  calendar 
months  immediately  preceding  the  date  of  injury,  divided 
by  fifty-two;  but  if  the  injured  employee  lost  more  than 
two  weeks'  time  during  such  period  then  the  earnings  for 
the  remainder  of  such  twelve  calendar  months  shall  be 
divided  by  the  number  of  weeks  remaining  after  the  time 
so  lost  has  been  deducted.  Where,  by  reason  of  the  short- 
ness of  the  time  during  which  the  employee  has  been  in 
the  employment  of  his  employer,  or  the  nature  or  terms 
of  the  employment,  it  is  impracticable  to  compute  the 
average  weekly  wages,  as  above  defined,  regard  may  be  had 
to  the  average  weekly  amount  which,  during  the  twelve 
months  previous  to  the  injury,  was  being  earned  by  a  per- 
son in  the  same  grade  employed  at  the  same  work  by  the 
same  employer;  or,  if  there  is  no  person  so  employed,  by 
a  person  in  the  same  grade  employed  in  the  same  class  of 
employment  and  in  the  same  district. 

"Association"  shall  mean  the  Massachusetts  Employees 
Insurance  Association. 

"Subscriber"  shall  mean  an  employer  who  has  become 
a  member  of  the  association  by  paying  a  year's  premium 
in  advance  and  receiving  the  receipt  of  the  association  there- 
for, provided  that  the  association  holds  a  license  issued  by 
the  insurance  commissioner  as  provided  in  Part  IV,  section 
twelve. 

Section   3.     Anv  liability  Insurance  company  authorized  Liability 
to  do  business  within  this  commonwealth  shall  have  the  companies 
same  right  as  the  association  to  insure  the  liability  to  pay  certain 
the  compensation  provided  for  by  this  act,  and  a  policy  rontatMdln 

this  act. 


1012 


Acts,  1911.  — Chap.  752. 


Repeal. 


Not  to  apply- 
in  certain 
cases. 

Time  of 
taking  e£fect. 


State  tax 
apportioned 
and  assessed. 


holder  of  such  HabiUty  company  shall  be  regarded  as  a 
subscriber  so  far  as  applicable  within  the  meaning  of  this 
act,  and  when  any  such  company  insures  such  payment 
of  compensation  it  shall  be  subject  to  all  the  regulations 
and  obligations  imposed  upon  the  association. 

Section  4.  Sections  one  hundred  and  thirty-six  to  one 
hundred  and  forty,  inclusive,  of  chapter  five  hundred  and 
fourteen  of  the  acts  of  the  year  nineteen  hundred  and  nine 
are  hereby  repealed. 

Section  5.  The  provisions  of  this  act  shall  not  apply 
to  injuries  sustained  prior  to  the  taking  effect  thereof. 

Section  6.  Part  IV  of  this  act  shall  take  effect  on  the 
first  day  of  January,  nineteen  hundred  and  twelve;  the 
remainder  thereof  shall  take  effect  on  the  first  day  of  July, 
nineteen  hundred  and  twelve.         Approved  July  28,  1911. 

Cha2),752  An  Act  to  apportion  and  assess  a  state  tax  of  five 

million  five  hundred  thousand  dollars. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Each  city  and  town  In  this  commonwealth 
shall  be  assessed  and  pay  the  sum  with  which  it  stands 
charged  in  the  following  schedule,  that  is  to  say 

Abington,  forty-six  hundred  and  twentj'^  dollars, 
Acton,  three  thousand  and  eighty  dollars,     . 
Acushnet,  eleven  hundred  and  fifty-five  dollars,  . 
Adams,  ten  thousand  four  hundred  and  fifty  dollars, 
Agawam,  three  thousand  and  twenty-five  dollars, 
Alford,  two  hundred  and  seventy-five  dollars, 
Amesbury,  ninety-four  hundred  and  five  dollars, 
Amherst,  fifty-seven  hundred  and  twenty  dollars, 
Andover,  eleven  thousand  three  hundred  and  eighty 

five  dollars, 

Arlington,  sixteen  thousand  six  hundred  and  ten  dol 

lars,  

Ashburnham,  fifteen  hundred  and  ninety-five  dollars, 
Ashby,  eleven  hundred  dollars,        .... 
Ashfield,  nine  hundred  and  ninety  dollars,    . 
Ashland,  seventeen  hundred  and  sixty  dollars, 
Athol,  seventy-two  hundred  and  sixty  dollars, 
Attleborough,  twenty-one  thousand  five  hundred  and 

sixty  dollars, '  . 

Auburn,  eighteen  hundred  and  seventy  dollars,    . 
Avon,  fifteen  hundred  and  forty  dollars, 
Ayer,  three  thousand  and  eighty  dollars, 
Barnstable,  eighty-three  hundred  and  sixty  dollars, 
Barre,  twenty-eight  hundred  and  sixty  dollars,     . 
Becket,  eight  hundred  and  tweuty-fivc  dollars,    . 


S4,620  00 

3,080  00 

1,155  00 

10,450  00 

3,025  00 

275  00 

9,405  00 

5,720  00 

11,385  00 

16,610  00 

1,505  00 

1,100  00 

990  00 

1,760  00 

7,260  00 

21,560  00 

1,870  00 

1,540  00 

3,080  00 

8,360  00 

2,860  00 

825  00 

Acts,  1911.  — Chap.  752. 


1013 


Bedford,  nineteen  hundred  and  eighty  dollars, 
Belchertown,  fourteen  hundred  and  eighty-five  dollars 
Bellingham,  thirteen  hundred  and  twenty  dollars, 
Belmont,  ninety-two  hundred  and  ninety-five  dollars, 
Berkley,  six  hundred  and  sixty  dollars, 
Berlin,  eight  hundred  and  twenty-five  dollars, 
Bernardston,  seven  hundred  and  fifteen  dollars,  . 
Beverly,  forty-eight  thousand  eight  hundred  and  forty 

dollars, 

Billerica,  four  thousand  and  fiftgen  dollars,  . 
Blackstone,  thirty-five  hundred  and  seventy-five  dol 

lars,  

Blandford,  seven  hundred  and  seventy  dollars,    . 
Bolton,  seven  hundred  and  fifteen  dollars,     . 
Boston,  one  million  eight  hundred  eighty  thousand 

three  hundred  and  ninety-five  dollars, 
Bourne,  fifty-eight  hundred  and  thirty  dollars,     . 
Boxborough,  three  hundred  and  eighty-five  dollars, 
Boxford,  nineteen  hundred  and  twenty-five  dollars, 
Boylston,  seven  hundred  and  fifteen  dollars, 
Braintree,  ninety-one  hundred  and  eighty-five  dollars 
Brewster,  nine  hundred  and  thirty-five  dollars,    . 
Bridgewater,  five  thousand  and  sixty  dollars, 
Brimfield,  eight  hundred  and  twenty-five  dollars, 
Brockton,  sixty-three  thousand  and  eight  hundred 

dollars, 

Brookfield,  nineteen  hundred  and  eighty  dollars, 
Brookline,  one  hundred  fifty-two  thousand  one  hun- 
dred and  thirty  dollars, 

Buckland,  eleven  hundred  and  fifty-five  dollars, 
Burlington,  eight  hundred  and  eighty  dollars, 
Cambridge,   one    hundred    fifty-six    thousand    eight 

hundred  and  sixty  dollars, 

Canton,  sixty-four  hundred  and  thirty-five  dollars, 
Carlisle,  seven  hundred  and  seventy  dollars. 
Carver,  two  thousand  and  ninety  dollars, 
Charlemont,  eight  hundred  and  twenty-five  dollars, 
Charlton,  nineteen  hundred  and  twenty-five  dollars, 
Chatham,  nineteen  hundred  and  twenty-five  dollars, 
Chelmsford,  sixty-four  hundred  and  ninety  dollars, 
Chelsea,  thirty-six  thousand  three  hundred  and  fifty- 
five  dollars, 

Cheshire,  twelve  hundred  and  sixty-five  dollars,  . 
Chester,  eleven  hundred  and  fifty-five  dollars, 
Chesterfield,  four  hundred  and  ninety-five  dollars, 
Chicopee,  twenty  thousand  nine  hundred  and  fifty- 
five  dollars, 

Chilm'ark,  four  hundred  and  forty  dollars,    . 
Clarksburg,  four  hundred  and  ninety-five  dollars, 
Clinton,  twelve  thousand  nine  hundred  and  twenty- 
five  dollars, 

Cohasset,  ten  thousand  nine  hundred  and  forty-five 
dollars, 


$1,980  00 

1,485  00 

1,320  00 

9,295  00 

660  00 

825  00 

715  00 

48,840  00 

4,015  00 

3,575  00 

770  00 

715  00 

1,880,395  00 

5,830  00 

385  00 

1,925  00 

715  00 

9,185  00 

935  00 

5,060  00 

825  00 

63,800  00 

1,980  00 

152,130  00 

1,155  00 

880  00 

156,860  00 

6,435  00 

770  00 

2,090  00 

825  00 

1,925  00 

1,925  00 

6,490  00 

36,355  00 

1,265  00 

1,155  00 

495  00 

20,955  00 

440  00 

495  00 

12,925  00 

10,945  00 

State  tax 
apportioned 
and  asaesaed. 


1014 


Acts,  1911.  — Chap.  752. 


State  tax 
apportioned 
and  assessed. 


Colrain,  twelve  hundred  and  ten  dollars, 
Concord,  ten  thousand  six  hundred  and  seventy  dollars, 
Conway,  eleven  hundred  dollars,     .... 
Cuminington,  four  hundred  and  ninety-five  dollars, 
Dalton,  sixty-two  hundred  and  seventy  dollars,   . 
Dana,  six  hundred  and  five  dollars, 
Danvers,  ninety-five  hundred  and  seventy  dollars, 
Dartmouth,  fifty-eight  hundred  and  eighty-five  dollars, 
Dedham,  nineteen  thousand  and  eighty-five  dollars, 
Deerfield,  twenty-six  hundred  and  ninety-five  dollars 
Dennis,  nineteen  hundred  and  eighty  dollars, 
Dighton,  seventeen  hundred  and  five  dollars, 
Douglas,  two  thousand  and  thirty-five  dollars,     . 
Dover,  seventy-three  hundred  and  fifteen  dollars, 
Dracut,  thirty-four  hundred  and  ten  dollars, 
Dudley,  twenty-seven  hundred  and  fifty  dollars, 
Dunstable,  five  hundred  and  fifty  dollars, 
Duxbury,  tliirty-one  hundred  and  ninety  dollars. 
East  Bridgewater,  thirty-four  hundred  and  ten  dol 

lars, 

East  Longmeadow,  eleven  hundred  dollars,  . 
Eastham,  six  hundred  and  sixty  dollars, 
Easthampton,  eighty-six  hundred  and  thirty-five  dol- 
lars,   

Easton,  eighty-three  hundred  and  five  dollars, 
Edgartown,  seventeen  hundred  and  sixty  dollars, 
Egremont,  seven  hundred  and  fifteen  dollars, 
Enfield,  one  thousand  and  forty-five  dollars, 
Erving,  fourteen  hundred  and  eighty-five  dollars, 
Essex,  seventeen  hundred  and  sixty  dollars, 
Everett,    thirty-eight    thousand    nine  hundred 

ninety-five  dollars, 

Fairhaven,  five  thousand  and  sixty  dollars,  . 

Fall    River,    one  hundred  thirty-six  thousand  and 

fifteen  dollars, 

Falmouth,  twelve  thousand  four  hundred  and  eighty- 
five  dollars, 

Fitchburg,  forty-three  thousand  eight  hundred  and 

thirty-five  dollars, 

Florida,  two  hundred  and  seventy-five  dollars,  . 
Foxborough,  thirty-three  hundred  and  fifty-five  dol 

lars, 

Framingham,  sixteen  thousand  nine  hundred  and  forty 

dollars, 

Franklin,  fifty-six  hundred  and  sixty-five  dollars, 
Freetown,  fourteen  hundred  and  thirty  dollars,  . 
Gardner,  twelve  thousand  one  hundred  and  fifty-five 

dollars, 

Gay  Head,  fifty-five  dollars, 

Georgetown,  fifteen  hundred  and  ninety-five  dollars. 
Gill,  seven  hundred  and  fifteen  dollars, 
Gloucester,  thirty-three  thousand  two  hundred  and 
seventy-five  dollars, 


and 


Sl,210  00 
10,670  00 

1,100  00 
495  00 

6,270  00 
605  00 

9,570  00 

5,885  00 
19,085 

2,695 

1,980 

1,705 

2,035 

7,315 

3,410 

2,750 
550 

3,190 


00 
00 
00 
00 
00 
00 
00 
00 
00 
00 


3,410  00 

1,100  00 

660  00 

8,635  00 

8,305  00 

1,760  00 

715  00 

1,045  00 

1,485  00 

1,760  00 

38,995  00 
5,060  00 

136,015  00 

12,485  00 

43,835  00 
275  00 

3,355  00 

16,940  00 
5,665  00 
1,430  00 

12,lo5  00 

55  00 

1,595  00 

715  00 

33,275  00 


Acts,  1911.  — Chap.  752. 


1015 


Goshen,  three  hundred  and  thirty  dollars,     . 
Gosnold,  seven  hundred  and  seventy  dollars, 
Grafton,  forty-four  hundred  dollars, 
Granby,  seven  hundred  and  seventy  dollars, 
Granville,  seven  hundred  and  fifteen  dollars. 
Great  Barrington,  eighty-eight  hundred  and  fifty-five 

dollars, 

Greenfield,  fourteen  thousand  eight  hundred  and  fifty 

dollars, 

Greenwich,  three  hundred  and  eighty-five  dollars, 
Groton,  fifty-six  hundred  and  sixty-five  dollars,  . 
Groveland,  eighteen  hundred  and  fifteen  dollars, 
Hadley,  two  thousand  and  thirty-five  dollars, 
Halifax,  seven  hundred  and  seventy  dollars, 
Hamilton,  fifty-seven  hundred  and  seventy-five  dol- 
lars,   

Hampden,  five  hundred  and  fifty  dollars, 
Hancock,  four  hundred  and  ninety-five  dollars,    . 
Hanover,  twenty-three  hundred  and  sixty-five  dollars 
Hanson,  sixteen  hundred  and  fifty  dollars,    . 
Hardwick,  three  thousand  and  twenty-five  dollars, 
Harvard,  eighteen  hundred  and  seventy  dollars,  . 
Harwich,  two  thousand  and  ninety  dollars, 
Hatfield,  two  thousand  and  thirty-five  dollars,     . 
Haverhill,  forty-seven  thousand  seven  hundred  and 

ninety-five  dollars, 

Hawley,  two  hundred  and  seventy-five  dollars,    . 
Heath,  two  hundred  and  seventy-five  dollars, 
Hingham,  ninety-two  hundred  and  ninety-five  dollars 
Hinsdale,  nine  hundred  and  thirty-five  dollars,    . 
Holbrook,  twenty-four  hundred  and  twent}^  dollars, 
Holden,  twenty-five  hundred  and  thirty  dollars,  . 
Holland,  one  hundred  and  sixty-five  dollars. 
Hoi  listen,  twenty-five  hundred  and  eighty-five   dol- 
lars,  

Holyoke,  seventy  thousand  six  hundred  and  twenty 

dollars, 

Hopedale,  eighty-seven  hundred  and  forty-five  dollars 
Hopkinton,  twenty-four  hundred  and  twenty  dollars, 
Hubbardston,  one  thousand  and  fortj^-five  dollars, 
Hudson,  sixty-six  hundred  and  fifty-five  dollars, 
Hull,  seventy-two  hundred  and  five  dollars, 
Huntington,  one  thousand  and  forty-five  dollars, 
Hyde  Park,  twenty-one  thousand  and  sixty-five  dol- 
lars,   

Ipswich,  seven  thousand  and  ninety-five  dollars, 
Kingston,  twenty-five  hundred  and  thirty  dollars, 
Lakeville,  one  thousand  and  forty-five  dollars,     . 
Lancaster,  sixty-three  hundred  and  twenty-five  dol- 
lars,   

Lanesborough,  eight  hundred  and  twenty-five  dollars, 

Lawrence,  ninety-one  thousand  nine  hundred  and  sixty 

dollars, 


$330 
770 

4,400 
770 
715 


00  State  tax 
pv/^  apportioned 
'■'O  and  assessed. 

00 
00 
00 


8,855  00 

14,850  00 

385  00 

5,665  00 

1,815  00 

2,035  00 

770  00 


5,775 
550 
495 
2,365 
1,650 
3,025 
1,870 
2,090 
2,035 


00 
00 
00 
00 
00 
00 
00 
00 
00 


47,795  00 

275  00 

275  00 

9,295  00 

935  00 

2,420  00 

2,530  00 

165  00 

2,585  00 

70,620  00 
8,745  00 
2,420 
1,045 
6,655 
7,205 
1.045 


00 
00 
00 
00 
00 


21,065  00 
7,095  00 
2,530  00 
1,045  00 

6,325  00 
825  00 

91,960  00 


lOlG 


Acts,  1911.  — Chap.  752. 


State  tax 
apportioned 
and  assessed. 


and 


Lee,  thirty-four  hundred  and  sixty-five  dollars,  . 
Leicester,  thirty-seven  hundred  and  forty  dollars, 
Lenox,  eighty-four  hundred  and  fifteen  dollars,  . 
Leominster,   eighteen   thousand   seven  hundred 

fifty-five  dollars, 

Leverett,  four  hundred  and  ninety-five  dollars,  . 
Lexington,  eleven  thousand  six  hundred  and  five  dol 

lars, 

Ley  den,  two  hundred  and  seventy-five  dollars,     . 
Lincoln,  forty-six  hundred  and  twenty  dollars,     . 
Littleton,  fifteen  hundred  and  ninety-five  dollars, 
Longmcadow,  two  thousand  and  thirty-five  dollars, 
Lowell,  one  hundred  and  twenty  thousand,  seven  hun 

dred  and  twenty-five  dollars,        .... 
Ludlow,  fifty-six  hundred  and  ten  dollars,     . 
Lunenburg,  fifteen  hundred  and  ninety-five  dollars, 
Lynn,  one  hundred  and  seven  thousand,  five  hundred 

and  eighty  dollars, 

Lynnfield,  eleven  hundred  and  fifty-five  dollars, 
Maiden,  sixty-two  thousand  six  hundred  and  forty-five 

dollars, 

Manchester,  twenty-one  thousand  six  hundred  and 

fifteen  dollars, 

Mansfield,  fifty-eight  hundred  and  eighty-five  dollars, 
Marblehead,    eleven    thousand    three    hundred   and 

eighty-five  dollars, 

Marion,  sixty-one  hundred  and  sixty  dollars, 
Marlborough,    sixteen    thousand    one    hundred   and 

seventy  dollars, 

Marshfield,  twenty-seven  hundred  and  fifty  dollars, 
Mashpee,  three  hundred  and  thirty  dollars, 
Mattapoisett,    twenty-five   hundred  and  eighty-five 

dollars, 

Maynard,  sixty-one  hundred  and  five  dollars, 
Medfield,  twenty-six  hundred  and  forty  dollars, 
Medford,  thirty-three  thousand  seven  hundred  and 

seventy  dollars, 

Medway,  twenty-two  hundred  and  fifty-five  dollars, 
Melrose,  twenty-three  thousand  seven  hundred  and 

sixty  dollars, 

Mendon,  eleven  hundred  dollars,     .... 
Merrimac,  nineteen  hundred  and  twenty-five  dollars, 
Methuen,  ninety-eight  hundred  and  forty-five  dollars, 
Middleborough,  seventy-four  hundred  and  eighty  dol- 
lars,   

Middlefield,  two  hundred  and  seventy-five  dollars, 
Middleton,  twelve  hundred  and  ten  dollars, 
Milford,  thirteen  thousand  and  ninety  dollars,     . 
Millbury,  thirty-seven  hundred  and  forty  dollars, 
Millis,  fifteen  hundred  and  forty  dollars, 
Milton,  thirty-eight  thousand  six  hundred  and  ten 

dollars, 

Monroe,  two  hundred  and  seventy-five  dollars,    . 


$3,465  00 
3,740  00 
8,415  00 

18,755  00 
495  00 

11,605  00 

275  00 

4,620  00 

1,595  00 

2,035  00 

120,725  00 
5,610  00 
1,595  00 

107,580  00 
1,155  00 

62,645  00 

21,615  00 
5,885  00 

11,385  00 
6,160  00 

16,170  00 

2,750  00 

330  00 

2,585  00 
6,105  00 
2,640  00 

33,770  00 
2,255  00 

23,760  00 
1,100  00 
1.925  00 
9,845  00 

7,480  00 
275  00 
1,210  00 
13,090  00 
3,740  00 
1,540  00 

38,610  00 
275  00 


Acts,  1911.  — Chap.  752. 


1017 


Monson,  three  thousand  and  eighty  dollars, 
Montague,  sixty-four  hundred  and  ninety  dollars, 
Monterey,  four  hundred  and  forty  dollars,    . 
Montgomery,  two  hundred  and  seventy-five  dollars. 
Mount  Washington,  one  hundred  and  ten  dollars, 
Nahant,  ten  thousand  two  hundred  and  eighty-five 

dollars, 

Nantucket,  forty-seven  hundred  and  eighty-five  dol 

lars, 

Natick,  eleven  thousand  nine  hundred  and  ninety  do! 

lars, 

Needham,  eighty-four  hundred  and  fifteen  dollars. 
New  Ashford,  fifty-five  dollars,        .... 
New  Bedford,  one  hundred  twenty-two  thousand  five 

hundred  and  forty  dollars, 

New  Braintree,  six  hundred  and  five  dollars, 

New  Marlborough,  one  thousand  and  forty-five  dol 

lars, 

New  Salem,  five  hundred  and  fifty  dollars,   . 
Newbury,  eighteen  hundred  and  seventy  dollars, 
Newburyport,  eighteen  thousand  nine  hundred  and 

twenty  dollars, 

Newton,  one  hundred  and  six  thousand  eight  hundred 

and  ten  dollars, 

Norfolk,  twelve  hundred  and  ten  dollars. 

North  Adams,  twenty-three  thousand  four  hundred 

and  eighty-five  dollars, 

North  Andover,  seventy-two  hundred  and  sixty  dol 

lars, 

North  Attleborough,  ten  thousand  two  hundred  and 

eighty-five  dollars, 

North   Brookfield,  twenty-five  hundred  and    thirty 

dollars, 

North  Reading,  one  thousand  and  forty-five  dollars, 
Northampton,  twenty-one  thousand  two  hundred  and 

thirty  dollars, 

Northborough,  two  thousand  and  thirty-five  dollars, 
Northbridgc,  eighty-four  hundred  and  fifteen  dollars, 
Northfield,  nineteen  hundred  and  eighty  dollars, 
Norton,  nineteen  hundred  and  twenty-five  dollars, 
Norwell,  sixteen  hundred  and  fifty  dollars,    . 
Norwood,  nineteen  thousand  four  hundred  and  fifteen 

dollars, 

Oak  Bluffs,  twenty-four  hundred  and  twenty  dollars, 
Oakham,  five  hundred  and  fifty  dollars, 
Orange,  six  thousand  and  fifty  dollars,  . 
Orleans,  one  thousand  and  forty-five  dollars, 
Otis,  four  hundred  and  forty  dollars, 
Oxford,  three  thousand  and  eighty  dollars,    . 
Palmer,  sixty-seven  hundred  and  sixty-five  dollars, 
Paxton,  four  hundred  and  ninety-five  dollars, 
Peabody,  sixteen  thousand  two  hundred  and  eighty 

dollars, 


S3,080  00  state  tax 
r  ,inn  nn   apportioned 
b,49U  UU  aud  assessed 

440  00 

275  00 

110  00 

10,285  00 

4,785  00 

11,990  00 

8,415  00 

55  00 

122,540  00 

605  00 

1,045  00 

550  00 

1,870  00 

18,920  00 

106,810  00 

1,210  00 

23,485  00 

7,260  00 

10,285  00 

2,530  00 

1,045  00 

21,230  00 

2,035  00 

8,415  00 

1,980  00 

1,925  00 

1,650  00 

19,415  00 

2,420  00 

550  00 

6,050  00 

1,045  00 

440  00 

3,080  00 

6,765  00 

495  00 

16,280  00 


1018 


Acts,  1911.  — Chap.  752. 


State  tnx 
apportioned 
and  assessed. 


Pelham,  four  hundred  and  forty  dollars, 
Pembroke,  fourteen  hundred  and  thirty  dollars,  . 
Pepperell,  thirty-three  hundred  and  fifty-five  dollars, 
Peru,  two  hundred  and  twenty  dollars   . 
Petersham,  thirteen  hundred  and  twenty  dollars, 
Phillipston,  four  hundred  and  forty  dollars, 
Pittsfield,  thirty-five  thousand  three  hundred  and  ten 

dollars, 

Plainfield,  two  hundred  and  seventy-five  dollars, 
Plainville,  twelve  hundred  and  ten  dollars,    . 
Plymouth,  sixteen  thousand  two  hundred  and  eighty 

dollars, 

Plympton,  five  hundred  and  fifty  dollars, 
Prescott,  two  hundred  and  seventy-five  dollars, 
Princeton,  seventeen  hundred  and  sixty  dollars, 
Provincetown,  thirty-four  hundred  and  ten  dollars, 
Quincy,  forty-three  thousand  four  hundred  and  fifty 

dollars, 

Randolph,  thirty-four  hundred  and  sixty-five  dollars, 
Raynham,  thirteen  hundred  and  twenty  dollars, 
Reading,  eight  thousand  and  eighty-five  dollars, 
Rehoboth,  thirteen  hundred  and  seventy-five  dollars, 
Revere,    twenty-two    thousand    three    hundred  and 

thirty  dollars, 

Richmond,  five  hundred  and  fifty  dollars,     . 
Rochester,  nine  hundred  and  ninety  dollars, 
Rockland,  sixty-three  hundred  and  eighty  dollars, 
Rockport,  fortj'-eight  hundred  and  forty  dollars, 
Rowe,  three  hundred  and  thirty  dollars, 
Rowley,  eleven  hundred  and  fifty-five  dollars, 
Royalston,  nine  hundred  and  thirty-five  dollars, 
Russell,  one  thousand  and  forty-five  dollars, 
Rutland,  one  thousand  and  forty-five  dollars, 
Salem,  fifty-one  thousand  two  hundred  and  five  dollars 
Salisbury,  thirteen  hundred  and  seventy-five  dollars, 
Sandisfield,  five  hundred  and  fifty  dollars,     . 
Sandwich,  fifteen  hundred  and  forty  dollars, 
Saugus,  eighty-three  hundred  and  sixty  dollars,  . 
Savoy,  three  hundred  and  thirty  dollars, 
Scituate,  sixty-two  hundred  and  fifteen  dollars,    . 
Seekonk,  nineteen  hundred  and  twenty-five  dollars, 
Sharon,  thirty-nine  hundred  and  five  dollars, 
Sheffield,  sixteen  hundred  and  fifty  dollars,  . 
Shclburne,  eighteen  hundred  and  seventy  dollars, 
Sherborn,  two  thousand  and  ninety  dollars, 
Shirley,  sixteen  hundred  and  fifty  dollars,     . 
Shrewsbury,  twenty-five  hundred  and  thirty  dollars, 
Shutesbury,  three  hundred  and  eighty-five  dollars, 
Somerset,  twenty-two  hundred  dollars, 
Somerville,  ninety-three  thousand  three  hundred  and 

thirty-five  dollars, 

South   Iladlcy,   forty-six  hundred   and   seventy-fiv 
dollars, 


S440 
1,430 
3,355 

220 
1,320 

440 


00 
00 
00 
00 
00 
00 


35,310  00 

275  00 

1,210  00 

16,280  00 

550  00 

275  00 

1,760  00 

3,410  00 

43,450  00 
3,465  00 
1,320  00 
8,085  00 
1,375  00 

22,330  00 

550  00 

990  00 
6,380  00 
4,840  00 

330  00 
1,155  00 

935  00 

1,045  00 

1,045  00 

51,205  00 

1,375  00 

550  00 
1,540  00 
8,360  00 

330  00 
6,215  00 
1,925  00 
3,905  00 
1,650  00 
1,87D  00 
2,090  00 
1,650  00 
2,530  00 

385  00 
2,200  00 

93,335  00 

4,675  00 


Acts,  1911.  — Chap.  752. 


1019 


Southampton,  seven  hundred  and  seventy  dollars, 
Southborough,  four  thousand  and  seventy  dollars, 
Southbridge,  ninety-nine  hundred  and  fifty-five  dol 

lars, 

Southwick,  one  thousand  and  forty-five  dollars, 
Spencer,  sixty-one  hundred  and  five  dollars, 
Springfield,  one  hundred  fifty-eight  thousand  three 

hundred  and  fortj^-five  dollars,    . 
Sterling,  sixteen  hundred  and  fifty  dollars,    . 
Stockbridge,  fifty-eight  hundred  and  eighty-five  dol- 
lars,     

Stoneham,  seventy-seven  hundred  dollars,     . 
Stoughton,  fifty-five  hundred  dollars,     . 
Stow,  thirteen  hundred  and  seventy-five  dollars, 
Sturbridge,  sixteen  hundred  and  fifty  dollars, 
Sudbury,  eighteen  hundred  and  fifteen  dollars, 
Sunderland,  eight  hundred  and  twenty-five  dollars, 
Sutton,  two  thousand  and  thirty-five  dollars, 
Swampscott,  fourteen  thousand  nine  hundred  and  five 

dollars, 

Swansea,  twenty-five  hundred  and  eighty-five  dollars, 
Taunton,  thirty-six  thousand  nine  hundred  and  five 

dollars, 

Templeton,  twenty-eight  hundred  and  five  dollars, 
Tewksbury,  nineteen  hundred  and  eighty  dollars, 
Tisbury,  twenty-two  hundred  dollars,    . 
Tolland,  two  hundred  and  seventy-five  dollars,     . 
Topsfield,  nineteen  hundred  and  twenty-five  dollars, 
Townsend,  nineteen  hundred  and  eighty  dollars, 
Truro,  six  hundred  and  five  dollars, 
Tyngsborough,  eight  hundred  and  eighty  dollars, 
Tyringham,  three  hundred  and  eighty-five  dollars, 
Upton,  seventeen  hundred  and  sixty  dollars, 
Uxbridge,  forty-four  hundred  and  fifty-five  dollars, 
Wakefield,  thirteen  thousand  seven  hundred  and  fifty 

dollars, 

Wales,  four  hundred  and  forty  dollars,  . 

Walpole,  sixty-four  hundred  and  thirty-five  dollars, 

Walt  ham,  thirty-nine  thousand  seven  hundred  and 

ten  dollars, 

Ware,  seventy-nine  hundred  and  twenty  dollars, 
Warehara,  sixty-nine  hundred  and  eighty-five  dollars, 
Warren,  thirty-two  hundred  and  forty-five  dollars, 
Warwick,  six  hundred  and  five  dollars,  . 
Washington,  four  hundred  and  ninety-five  dollars, 
Watertown,  twenty-one  thousand  three  hundred  and 

forty  dollars, 

Wayland,  thirty-five  hundred  and  twenty  dollars, 
Webster,  fourteen  thousand  three  hundred  dollars, 
Wellesley,  nineteen  thousand  nine  hundred  and  ten 

dollars, 

Wellfleet,  seventeen  hundred  and  five  dollars, 
Wendell,  three  hundred  and  eighty-five  dollars. 


$770  00  State  tax 

4,070  00  IITI^^^'6 

9,955  00 

1,045  00 

6,105  00 

158,345  00 

1,650  00 

5,885  00 

7,700  00 

5,500  00 

1,375  00 

1,650  00 

1,815  00 

825  00 

2,035  00 

14,905  00 

2,585  00 

36,905  00 

2,805  00 

1,980  00 

2,200  00 

275  00 

1,925  00 

1,980  00 

605  00 

880  00 

385  00 

1,760  00 

4,455  00 

13,750  00 

440  00 

6,435  00 

39,710  00 

7,920  00 

6,985  00 

3,245  00 

605  00 

495  00 

21,340  00 

3,520  00 

14,300  00 

19,910  00 

1,705  00 

385  00 

1020 


Acts,  1911.  — Chap.  752. 


State  tax 
apportioned 
and  assessed. 


Wenham,  thirty-six  hundred  and  thirty  dollars,  .        .  S3,630  00 
West  Boylston,  eleven  hundred  and  fifty-five  dollars,.  1,155  00 
West  Bridgewater,  nineteen  hundred  and  eighty  dol- 
lars,      1,980  00 

West  Brookfield,  fourteen  hundred  and  thirty  dollars,  1,430  00 

West  Newbury,  sixteen  hundred  and  fifty  dollars,       .  1,650  00 
West  Springfield,  ten  thousand  three   hundred   and 

forty  dollars, 10,340  00 

West  Stockbridge,  seven  hundred  and  seventy  dollars,  770  00 

W^est  Tisbury,  eight  hundred  and  twenty-five  dollars, .  825  00 

Westborough,  forty-eight  hundred  and  forty  dollars,   .  4,840  00 
Westfield,  fourteen  thousand  four  hundred  and  ten 

dollars, 14,410  00 

Westford,  thirty-three  hundred  dollars,          .        .        .  3,300  00 
Westhampton,  three  hundred  and  eighty-five  dollars,  3S5  00 
Westminster,  twelve  hundred  and  sixty-five  dollars,   .  1,265  00 
Weston,  eleven  thousand  two  hundred  and  seventy- 
five  dollars, 11,275  00 

Westport,  twenty-eight  hundred  and  five  dollars,        .  2,805  00 

Westwood,  thirty-six  hundred  and  thirty  dollars,        .  3,630  00 
Weymouth,  twelve  thousand  two  hundred  and  sixtv- 

fivc  dollars, "  .  12,265  00 

Whately,  seven  hundred  and  seventy  dollars,       .        .  770  00 

Whitman,  seventy-three  hundred  and  seventy  dollars,  7,370  00 

Wilbraham,  eighteen  hundred  and  fifteen  dollars,        .  1,815  00 

Williamsburg,  fifteen  hundred  and  ninety-five  dollars,.  1,595  00 

Williamstown,  five  thousand  and  five  dollars,      .       .  5,005  00 

Wilmington,  two  thousand  and  ninety  dollars,    .        .  2,090  00 

Winchendon,  sixty-one  hundred  and  sixty  dollars,      .  6,160  00 
Winchester,    eighteen    thousand   four    hundred    and 

eighty  dollars, 18,480  00 

Windsor,  four  hundred  and  forty  dollars,      .        .        .  440  00 
Winthrop,  sixteen  thousand  eight  hundred  and  thirty 

dollars, 16,830  00 

Woburn,  sixteen  thousand  eight  hundred  and  eighty- 
five  dollars, \  16,885  00 

Worcester,  two  hundred  four  thousand  two  hundred 

and  seventy  dollars, 204,270  00 

Worthington,  five  hundred  and  fifty  dollars,        .       .  550  00 

Wrentham,  eighteen  hundred  and  fifteen  dollars,        .  1,815  00 

Yarmouth,  thirty-two  hundred  and  forty-five  dollars,  3,245  00 


Treasurer  to 
issue  warrant. 


Section  2.  The  treasurer  of  the  commonwealth  shall 
forthwith  send  his  warrant,  directed  to  the  selectmen  or 
assessors  of  each  city  and  town  taxed  as  aforesaid,  requiring 
them  respectively  to  assess  the  sum  so  charged,  according 
to  the  provisions  of  section  thirty-four  of  Part  I  of  chapter 
four  hundred  and  ninety  of  the  acts  of  the  year  nineteen 
hundred  and  nine,  and  to  add  the  amount  of  such  tax  to 
the  amount  of  city,  town  and  county  taxes  to  be  assessed 
by  them  respectively  on  each  city  and  town. 


Acts,  1911.  — Chap.  753.  1021 

Section  3.  The  treasurer  of  the  commonwealth  in  his  Payment  of 
warrant  shall  require  the  said  selectmen  or  assessors  to  pay,  '*^^^^'''^®°  ^• 
or  issue  severally  their  warrant  or  warrants  requiring  the 
treasurers  of  their  several  cities  or  towns  to  pay  to  the  treas- 
urer of  the  commonwealth,  on  or  before  the  fifteenth  day 
of  November  in  the  year  nineteen  hundred  and  eleven,  the 
sums  set  against  said  cities  and  towns  in  the  schedule  afore- 
said; and  the  selectmen  or  assessors  respectively  shall 
return  a  certificate  of  the  names  of  the  treasurers  of  their 
several  cities  and  towns,  with  the  sum  which  each  may  be 
required  to  collect,  to  the  treasurer  of  the  commonwealth 
at  some  time  before  the  first  day  of  September  in  the  year 
nineteen  hundred  and  eleven. 

Section  4.  If  the  amount  due  from  any  city  or  town.  Notice  to 
as  provided  in  this  act,  is  not  paid  to  the  treasurer  of  the  deUnquen" 
commonwealth  within  the  time  specified,  then  the  said  towns?'^'^ 
treasurer  shall  notify  the  treasurer  of  such  delinquent  city 
or  town,  who  shall  pay  into  the  treasury  of  the  common- 
wealth, in  addition  to  the  tax,  such  further  sum  as  would 
be  equal  to  one  per  cent  per  month  during  such  delinquency 
from  and  after  the  fifteenth  day  of  November  in  the  year 
nineteen  hundred  and  eleven;  and  if  the  same  remains 
unpaid  after  the  first  day  of  December  in  the  year  nineteen 
hundred  and  eleven,  an  information  may  be  filed  by  the  treas- 
urer of  the  commonwealth  in  the  supreme  judicial  court, 
or  before  any  justice  thereof,  against  such  delinquent  city 
or  town;  and  upon  notice  to  such  city  or  town,  and  a  sum- 
mary hearing  thereon,  a  warrant  of  distress  may  issue 
against  such  city  or  tow^n  to  enforce  the  payment  of  said 
taxes  under  such  penalties  as  said  court  or  the  justice  thereof 
before  whom  the  hearing  is  had  shall  order. 

Section  5.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  28,  1911. 

An  Act  relative  to  the  bridge  over  weymouth  fore  (Jjia-n  753 

RIVER. 

Be  it  enacted,  etc.,  as  follows: 

Section     1.     The    county    commissioners    and    trustees  Repairs  and 
authorized  and  directed  by  the  provisions  of  chapter  two  fn^'ttTe  bridge 
hundred  and  thirty  of  the  acts  of  the  year  nineteen  hundred  °"^^r  Weymouth 
and  eleven,  to  make  certain  repairs  and  alterations  in  the 
bridge  over  Weymouth  Fore  river,  are  hereby  further  au- 
thorized to  make  such  changes  in  the  grade  of  said  bridge 


1022 


Acts,  1911.  — Chaps.  754,  755. 


and  the  approaches  thereto  as  may  be  necessary  to  cause 
the  same  to  conform  to  the  grade  of  the  draw  in  said  bridge 
when  widened  in  accordance  with  the  provisions  of  said 
chapter  two  hundred  and  thirty.  The  provisions  of  law 
relative  to  the  assessment  and  recovery  of  damages  caused 
by  the  change  of  grade  of  highways  shall  apply  to  such 
changes  in  grade  as  may  be  made  under  the  authority  of 
this  act. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Ajjproved  July  28,  1911. 


Chap.754:  An  Act  making  an  appropriation  for  the  maintenance 

OF   THE   NEW  HOSPITAL   FOR  DIPSOMANIACS. 


Appropriation, 
new  hospital 
for  dip- 
somaniacs. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sum  of  ten  thousand  dollars  is  hereby 
appropriated,  to  be  paid  out  of  the  treasury  of  the  com- 
monwealth from  the  ordinary  revenue,  for  the  care  and 
maintenance  of  the  new  hospital  for  dipsomaniacs  in  the 
towns  of  Norfolk  and  Walpole  during  the  present  year. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  July  28,  1911. 


To  increase 
the  powers  of 
the  board  of 
railroad  com- 
missioners. 


Chap.755  An  Act  to  increase  the  powers  of  the  board  of  ilul- 

ROAD   commissioners. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Whenever  the  board  of  railroad  commis- 
sioners, hereinafter  called  the  board,  shall  be  of  opinion, 
after  a  hearing  had  upon  its  own  motion  or  upon  com- 
plaint, that  the  rates,  fares  or  charges  or  any  of  them, 
demanded,  exacted,  charged  or  collected  by  any  person, 
firm,  association,  company  or  corporation  now  or  hereafter 
subject  to  its  jurisdiction,  and  hereinafter  called  a  carrier, 
for  the  transportation  of  persons  or  property  within  the 
commonwealth,  or  the  regulations  or  practices  of  such 
carrier  affecting  such  rates,  are  unjust,  imreasonable,  un- 
justly discriminatory  or  unduly  preferential  or  in  any  wise 
in  violation  of  any  provision  of  law,  or  that  the  rates,  fares 
or  charges  or  any  of  them  chargeable  by  any  such  carrier 
are  insufficient  to  yield  reasonable  compensation  for  the 
service  rendered,  and  are  unjust  and  luireasonabie,  the 
board,  with  due  regard  among  other  things  to  a  reasonable 


Acts,  1911.  — Chap.  755.  1023 

return  upon  the  value  of  the  carrier's  property,  shall  deter- 
mine the  just  and  reasonable  rates,  fares  and  charges  to  be 
charged  for  the  service  to  be  performed,  and  shall  recom- 
mend the  same  by  order  to  be  served  upon  such  carrier. 

Section    2.     Whenever  the  board  shall   be  of  opinion,  to  order 
after  a  hearing  had  upon  its  own  motion  or  upon  complaint,  regulatbns 
that  the   regulations,    practices,   equipment,    appliances   or  theTuTtand 
service  of  anv  such  carrier  in  respect  to  transportation  of  adequate  facii- 

•^  .  ^  ^  ities  for 

persons  or  property  within  the  commonwealth  are  un-  transporta- 
just,  unreasonable,  unsafe,  improper  or  inadequate,  the 
board  shall  determine  the  just,  reasonable,  safe,  adequate 
and  proper  regulations,  practices,  equipment,  appliances 
and  service  thereafter  to  be  in  force,  to  be  observed  and  to 
be  used  in  such  transportation  of  persons  and  property, 
and  shall  recommend  the  same  by  order  to  be  served  upon 
such  carrier. 

Section  3.     Rates   and   facilities   fixed   and   determined  Rates  and 
by  statute  shall  not  be  revised  or  regulated  by  the  board. 

Section  4.  The  board  shall  have  all  powers  necessary  powers  of  the 
or  proper  to  enable  it  to  carry  out  the  provisions  of  this  ''°^''^' ^'^''• 
act.  It  shall  have  authority  to  employ  such  experts  and 
other  assistants  as  it  shall  deem  wise  in  examining  into 
the  rates,  facilities  and  financial  condition  of  any  carrier. 
It  may  expend  not  more  than  five  thousand  dollars  annu- 
ally for  the  salary  and  expenses  of  an  accountant,  and  may 
expend  such  further  sums  each  year  as  are  appropriated 
by  the  legislature. 

Section     5.     The  attorney-general,  either  in  person  or  xheattomey- 
by  one  of  his  assistants,  shall  not  only  advise  the  board  Idv^setlTe 
and  act  as  its  counsel  upon  its  request,  but  shall  also  appear  ^°^^'^- 
before  the  board  in  any  matter,  either  upon  his  own  motion 
or  at  the  request  of  any  individual,  when  in  the  opinion 
of  the  attorney -general  or  of  the  board  the  interests  of  the 
commonwealth  or  the  public  demand. 

Section   6.     Anv  investigation,  inquiry  or  hearing  which  investigation 

-  11111  11  ^^'^  inquiry. 

the  board  has  power  to  undertake  or  to  hold  may  be  under- 
taken or  held  by  or  before  any  commissioner,  and  deci- 
sions of  the  board  and  every  order  made  by  a  commissioner, 
when  approved  and  confirmed  by  the  board  and  ordered 
filed  in  its  office,  shall  be  and  be  deemed  to  be  the  order 
of  the  board.  Every  order  of  the  board  shall  continue 
in  force  unless  the  same  shall  be  limited,  suspended,  modi- 
fied or  set  aside  by  the  board  or  shall  be  suspended  or  set 
aside  by  any  court  of  competent  jurisdiction. 


102tl: 


Acts,  1911.  — Chap.  756. 


t^e^bCrnof        Section    7.     Nothing  in  this  act  shall  be  construed  as 
limited.  limiting  the  powers  of  the  board  to  act  under  section  nine 

of  Part  I  of  chapter  four  hundred  and  sixty-three  of  the 

acts  of  the  year  nineteen  hundred  and  six. 


Section  8. 


This  act  shall  take  efl'ect  upon  its  passage. 

Approved  July  28,  1911. 


Appropria- 
tions. 


Dredging  a 
channel  in 
Plymouth 
harbor. 


Cha2).756  An  Act  in  further  addition  to  the  several  acts  making 

SUNDRY  MISCELLANEOUS  APPROPRIATIONS  AUTHORIZED  DUR- 
ING THE  PRESENT  YEAR,  AND  FOR  CERTAIN  OTHER  EXPENSES 
AUTHORIZED   BY   LAW. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  hereby 
appropriated,  to  be  paid  out  of  the  treasury  of  the  common- 
wealth from  the  ordinary  revenue,  unless  hereinafter  other- 
wise provided,  for  the  purposes  specified,  to  wit:  — 

For  expenses  in  connection  with  dredging  a  channel  in 
Plymouth  harbor,  and  for  dredging  a  basin  for  turning 
vessels  at  the  inner  end  of  the  same,  as  authorized  by  chapter 
five  hundred  and  thirty-one  of  the  acts  of  the  year  nineteen 
hundred  and  seven,  a  sum  not  exceeding  eleven  hundred 
sixty-nine  dollars  and  fifty-five  cents,  the  same  to  be  in 
addition  to  any  amount  heretofore  appropriated  for  this 
purpose. 

For  the  protection  of  the  public  health  in  the  valley 
of  the  Neponset  river,  as  authorized  by  section  five  of 
chapter  six  hundred  and  fifty-five  of  the  acts  of  the  present 
year,  a  sum  not  exceeding  seventy-five  thousand  dollars. 

For  the  expenses  of  retiring  and  pensioning  prison  officers 
and  instructors,  as  authorized  by  chapter  six  hundred  and 
seventy-three  of  the  acts  of  the  present  year,  a  sum  not 
exceeding  five  hundred  dollars,  the  same  to  be  in  addition 
to  any  amount  heretofore  authorized  for  the  same  purpose. 

To  provide  for  the  better  prevention  of  forest  fires,  as 
authorized  by  chapter  seven  hundred  and  twenty-two  of 
the  acts  of  the  present  year,  a  sum  not  exceeding  ten  thou- 
sand dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose. 

For  compensation  of  the  members  of  the  committee 
appointed  in  the  year  nineteen  hundred  and  ten  to  inves- 
tigate the  suicide  of  John  Newman  and  the  treatment  of 
the  inmates  at  the  Lyman  school  for  boys,  as  authorized 
by  chapter  one  hundred  and  thirty-two  of  the  resolves  of 


Neponset 


Retiring,  etc., 
prison  oliicers. 


Prevention 
of  forest  firea. 


Compensa- 
tion of  a 
certain  Iccisla- 
tive  commit- 
tee. 


Acts,  1911.  — Chap.  750.  1025 

the  present  year,  a  sum  not  exceeding  twenty-one  hundred 
dollars,  the  same  to  be  in  addition  to  any  amount  hereto- 
fore appropriated  for  legislative  committee  expenses. 

To  provide  a  pension  for  Salem  P.  Haddock,  as  author-  suiem  v. 
ized  by  chapter  one  hundred  and  thirty-three  of  the  resolves  ^'"^'*°'''^- 
of  the  present  year,   a  sum   not  exceeding  nine  himdred 
thirty-five  dollars  and  seventy-five  cents,  to  be  paid  from 
the  Metropolitan  Parks  Maintenance  Fund. 

For  the  widow  of  Henry  E.  Turner,  the  balance  of  the  widow  of 
salary  to  which  he  would  have  been  entitled  had  he  continued  Turner.  ' 
in  office  to  the  end  of  the  term  for  which  he  was  elected, 
the  sum  of  twenty-seven  hundred  twenty-eight  dollars  and 
fifty  cents. 

For  the  investigation  by  the  metropolitan  park  com-  Parkway 
mission  as  to  the  advisability  and  cost  of  a  parkway  con-  and  Revere^ 
nection  between  Winthrop  parkway  in  the  town  of  Revere 
and  Winthrop  shore  reservation  in  the  town  of  Winthrop, 
as  authorized  by  chapter  one  hundred  and  thirty-five  of 
the  resolves  of  the  present  year,  a  sum  not  exceeding  two 
hundred  and  fifty  dollars,  to  be  paid  from  the  INIetropolitan 
Parks  IMaintenance  Fund. 

For  an  additional  water  supply  at  the  Lakeville  state  Lakeviiie 

,.  ii*ii  ij  111  1    sanatorium. 

sanatonum,  as  autnorized  by  chapter  one  hundred  and 
thirty-six  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  three  thousand  dollars. 

For  certain  improvements  at  the  Monson  state  hospital,  * o°°^"i '^*'^*'^ 
as  authorized  by  chapter  one  hundred  and  thirty-seven  of 
the  resolves  of  the  present  year,  a  sum  not  exceeding  eighteen 
thousand  dollars. 

For  certain  improvements  at  the  Westfield  state  sana-  Westfieid 

,.,,  ,  111  II*  sanatorium. 

tor  mm,  as  authorized  by  chapter  one  liundred  and  thnly- 
cight  of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
thirty-eight  dollars. 

To  provide  for  certain  improvements  at  the  state  prison,  state  prison, 
as  authorized  by  chapter  one  hundred  and  thirty-nine  of 
the  resolves  of  the  present  year,  a  sum  not  exceeding  five 
thousand  dollars,  the  same  to  be  paid  from  the  State  Prison 
Industries  Fund. 

For   certain  improvements  at  the  industrial  school  for  industrial 
boys,  as  authorized  by  chapter  one  hundred  and  forty  of  boy"^'^""^ 
the  resolves  of  the  present  year,  a  sum  not  exceeding  thirty- 
four  thousand  four  hundred  and  fifty  dollars. 

For  the  investigation  by  the  director  of  the  bureau  of  ^jJ^ealTof 
statistics  relative  to  the  indebtedness  of  cities  and  towns,  statistics. 


102(3 


Acts,  1911.  — Chai*.  756. 


Priaon  com- 
niission. 


American 
l^nd  and 
Irrigation 
Exposition. 


Penikese 
hospital. 


Engineering 
expenses. 


State 
intinnary. 


Massachusetts 

hospital 

school. 


Worcester 
state  asylum. 


Worcester 
state  hospital. 


Bridge  over 
Weymoutli 
Back  river. 


Justices  of 
Muprciiio 
ju(hcial  and 
BU|>erior  court, 
etc. 


as  authorized  by  chapter  one  huti(h'ed  and  forty-two  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding  five  thou- 
sand dolhirs. 

For  tlie  expenses  of  the  prison  commission  in  making  a 
report  to  the  next  general  court  of  a  plan  relative  to  prison 
industries,  as  authorized  by  chapter  one  hundred  and  forty- 
three  of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
five  hundred  dollars. 

To  provide  for  a  representation  of  the  commonwealth 
at  the  American  Land  and  Irrigation  Exposition,  by  the 
state  board  of  agriculture,  as  authorized  by  chapter  one 
hundred  and  forty-four  of  the  resolves  of  the  present  year, 
a  sum  not  exceeding  one  thousand  dollars. 

For  certain  improvements  at  Penikese  hospital,  as  author- 
ized by  chapter  one  hundred  and  forty-five  of  the  resolves 
of  the  present  year,  a  sum  not  exceeding  thirty-three  hun- 
dred and  fifty  dollars. 

For  expenses  of  the  commission  to  investigate  the  engi- 
neering expenses  of  the  commonwealth,  as  authorized  by 
chapter  one  hundred  and  forty-six  of  the  resolves  of  the 
present  year,  a  sum  not  exceeding  one  thousand  dollars. 

For  certain  improvements  at  the  state  infirmary,  as 
authorized  by  chapter  one  hundred  and  forty-seven  of 
the  resolves  of  the  present  year,  a  sum  not  exceeding  thirty- 
four  thousand  seven  hundred  dollars. 

For  certain  improvements  at  the  Massachusetts  hospital 
school,  as  authorized  by  chapter  one  hundred  and  fort}- 
eight  of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
twenty-six  thousand  dollars. 

For  certain  improvements  at  the  Worcester  state  asylum, 
as  authorized  by  chapter  one  hundred  and  forty-nine  of 
the  resolves  of  the  present  year,  a  sum  not  exceeding  eighty- 
eight  thousand  four  hundred  dollars. 

For  certain  improvements  at  the  AVorcestcr  state  hospital, 
as  authorized  by  chapter  one  hundred  and  fifty  of  the 
resolves  of  the  present  year,  £^  sum  not  exceeding  twelve 
thousand  one  hundred  dollars. 

For  the  commonwealth's  portion  of  the  expense  of  the 
new  bridge  over  Weymouth  Back  river,  in  the  town  of 
Weymouth  and  the  town  of  Hingham,  as  authorized  by 
chapter  seven  hundred  and  thirty-nine  of  the  acts  of  the 
present  year,  a  sum  not  exceeding  thirty-six  thousand  dollars. 

For  the  salaries  of  the  justices  of  the  supreme  judicial 
court,  as  authorized  by  chapter  seven  hundred  and  forty- 


Acts,  1911.  — Chap.  756.  1027 

three  of  tlic  acts  of  the  present  year,  a  sum  not  exceeding 
tifty-one  hundred  (h)Uars;  and  for  the  saUiries  of  the  jus- 
tices of  the  superior  court,  as  authorized  by  tlie  last  men- 
tioned act,  a  sum  not  exceeding  fourteen  thousand  seven 
hundred  dollars.  These  two  sums  to  be  in  addition  to  any 
amounts  heretofore  authorized  for  the  same  purposes. 

For  the  salary  of  a  watchman  at  the  state  arsenal,  as  Watchman, 
authorized  by  chapter  seven  hundred  and  forty-seven  of  the 
acts  of  the  present  year,  a  sum  not  exceeding  two  hundred 
and  fifty  dollars. 

For  preliminary  plans,  specifications  and  estimates  pro-  improvement 
vided  for  by  the  acts  relative  to  the  construction  and  im-  at  state 
provement  of  buildings  at  state  and  other  institutions,  a  ^°^|^'*'^''°'^3' 
sum  not  exceeding  ten  thousand  dollars,  the  same  to  be  in 
addition  to  any  amount  heretofore  appropriated  for  the 
same  purpose. 

To  provide  for  the  improvement  of  a  highway  In  the  Highway  in 
counties   of   Berkshire   and   Hampshire,    as   authorized   by  Berkshire  and 
chapter  seven  hundred  and  eleven  of  the  acts  of  the  present    *"^^  ^^'^' 
year,  a  sum  not  exceeding  five  thousand  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appropriated 
for  the  maintenance  of  state  highways. 

For  salaries  and  other  necessary  expenses  in  the  office  Supervisor 
of  the  supervisor  of  loan  agencies,  as  authorized  by  chapter  agencies. 
seven  hundred  and  twenty-seven  of  the  acts  of  the  present 
year,  a  sum  not  exceeding  two  thousand  dollars. 

To  provide  for  a  system  of  sewerage  at  the  Wrentham  Wrentham 

■',,  I'll  1  111  1    state  school. 

state  school,  as  authorized  by  chapter  one  hundred  and 
fifty-two  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  thirteen  thousand  dollars. 

To  provide  for  printing  additional  copies  of  the  report  increase  of 
of  the  commission  appointed  to  investigate  the  question 
of  the  increase  of  criminals,  mental  defectives,  epileptics, 
degenerates  and  allied  classes,  as  authorized  by  chapter 
one  hundred  and  fifty-three  of  the  resolves  of  the  present 
year,  a  sum  not  exceeding  one  hundred  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appropriated 
for  the  same  purpose. 

To  provide  for  the  preparation  and  printing  of  an  anno-  insurance 
tated  edition  of  the  insurance  laws,  as  authorized  by  chapter 
one  hundred  and  fifty-four  of  the  resolves  of  the  present 
year,  a  sum  not  exceeding  seven  hundred  dollars. 

For  salaries  and  expenses  of  three  additional  inspectors  Railroad 
to  be  appointed  by  the  board  of  railroad  commissioners,  °^^ 


1028 


Acts,  1911.  — Chap.  750. 


Report, 
railroad 
com- 
miasionera. 


Travel  of 

members  of 
the  house,  etc. 


Northampton 
state  hospital. 


Bridge,  etc., 
on  tlie  Quincy 
shore  reservu- 
tion. 


Rediatricting 
committee. 


Penikese 
hospital. 


Westborouirh 
State  hospital. 


WorkinRtncn's 
oomiieusation. 


as  authorized  by  chapter  six  hundred  and  eighty-one  of  the 
acts  of  the  present  year,  a  sum  not  exceeding  twenty-five 
hundred  dolUirs,  the  same  to  be  in  addition  to  any  amount 
lieretofore  aj)propriated  for  the  same  pur])ose. 

For  printing  the  report  of  the  board  of  railroad  commis- 
sioners, a  sum  not  exceeding  two  hundred  seven  dollars 
and  fifty-five  cents,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  same  purpose. 

For  travel  of  the  members  of  the  house  of  representa- 
tives, as  authorized  by  chapter  one  hundred  and  fifty-five 
of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
sixty-eight  hundred  seventy-five  dollars  and  twenty  cents; 
for  travel  of  the  members  of  the  senate,  as  authorized  by 
the  same  resolve,  a  sum  not  exceeding  eleven  hundred  and 
eight  dollars,  both  amounts  to  be  in  addition  to  any  amounts 
heretofore  appropriated  for  these  purposes. 

For  improvements  at  the  Northampton  state  hospital, 
as  authorized  by  chapter  one  hundred  and  fifty-six  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding  forty-six 
thousand  nine  hundred  and  twenty-five  dollars. 

To  provide  for  the  construction  of  a  bridge  and  approaches 
thereto  to  carry  the  driveway  of  the  Quincy  shore  reserva- 
tion over  the  tracks  of  the  New  York,  New  Haven  and 
Hartford  Railroad  Company,  as  authorized  by  chapter  one 
hundred  and  fifty-seven  of  the  resolves  of  the  present  year, 
a  sum  not  exceeding  twenty  thousand  dollars,  to  be  paid 
out  of  the  Metropolitan  Parks  Maintenance  Fund. 

For  legislative  committee  expenses,  to  provide  for  the 
expenses  of  the  special  recess  committee  on  redistricting 
the  state  into  congressional  districts,  a  sum  not  exceeding 
fifteen  thousand  dollars,  the  same  to  be  in  addition  to  any 
amounts  heretofore  appropriated  for  the  same  purpose. 

To  complete  the  remodeling  of  the  buildings  at  the  leper 
hospital  on  Penikese  island,  as  provided  for  by  chapter 
one  hundred  and  thirty  of  the  resolves  of  the  year  nineteen 
hundred  and  nine,  a  sum  not  exceeding  five  hundred  sevent}'- 
three  dollars  and  ninety-six  cents. 

To  provide  for  certain  exjxMises  at  the  Westborough  state 
hospital  incurred  in  the  year  nineteen  hundred  and  nine, 
a  sum  not  exceeding  one  hundred  thirty-three  dollars  and 
forty-seven  cents. 

To  provide  for  the  salaries  and  expenses  of  the  board 
to  be  appointed  to  snpervise  the  payments  to  einj)l()yees 
for  personal   injuries  received   in  the  course  of  their  em- 


Acts,  1911.  — Ciiap.  756.  1029 

ployment,  as  authorized  by  chapter  seven  hundred  and 
fifty-one  of  the  acts  of  the  present  year,  a  sum  not  exceed- 
ing eleven  thousand  dollars. 

For  the  salaries  and  expenses  of  the  directors  of  the  port  Directors  of  the 
of  Boston,   as   authorized  by  chapter  seven  hundred  and  ^^*'  °'  ^°®*'*"- 
forty-eight  of  the  acts  of  the  present  year,  a  sum  not  ex- 
ceeding twenty -five  thousand  dollars. 

For  the  salary  of  the  accountant  of  the  board  of  railroad  Accountant  of 

,,.1-,  ,,  ,  ,,  ,    railroad  com- 

commissioners,  as  authorized  by  chapter  seven  hundred  and  missioners. 
fifty-five  of  the  acts  of  the  present  year,  a  sum  not  exceed- 
ing nine  hundred  dollars;  and  for  expenses  of  experts  em- 
ployed by  said  board,  as  authorized  by  the  same  act,  a  sum 
not  exceeding  ten  thousand  dollars,  both  amounts  to  be 
in  addition  to  any  amounts  heretofore  appropriated  for  the 
purpose,  and  to  be  paid  out  of  the  Railroad  Commissioners' 
Fund. 

For  expenses  of  an  investigation  by  the  tax  commis-  investigation 
sioner  of  the  taxation  of  foreign  corporations,  as  authorized  com-^''  ^'^"^ 
by  chapter  one  hundred  and  fifty-eight  of  the  resolves  of 
the  present  year,  a  sum  not  exceeding  fifteen  hundred  dollars. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Aijproved  July  28,  1911. 


miasioner. 


RESOLVES. 


Resolve  relative  to  expenditures  by  heads  of  depart-  (7/^^^)      1 
ments  and  other  officials  of  the  commonwealth. 


Resolved,  That  the  heads  of  departments  and  other  officials  Expenditures 

ads  of 
tnienta, 


having  supervision  or  charge  of  expenditures  in  behalf  of  depar'^^"^ 


the  commonwealth  for  which  no  appropriations  have  been  ^'''" 
made  are  hereby  authorized  to  continue  the  said  depart- 
ments   and    expenditures    until    appropriations    are    made 
therefor,  or  until  the  pleasure  of  the  present  general  court 
in  respect  thereto  is  otherwise  made  known. 

Ayyroved  January  31,  1911. 


Resolve  extending  the  time  for  the  filing  of  the  Q^k^j)      2 

REPORT    of    the    COMMISSION    APPOINTED    TO    INVESTIGATE 
employment    AGENCIES    AND    INTELLIGENCE    OFFICES. 

Resolved,  That  the  time  for  the  filing  of  the  report  of  Time  ex- 
the  commission  appointed,  pursuant  to  the  provisions  of  sung  certain 
chapter  one  hundred  and  forty-six  of  the  resolves  of  the  ^^^^'^ ' 
year  nineteen  hundred  and  ten,  to  investigate  and  study 
the   condition   and   management   of   employment   agencies 
and  intelligence  offices  of  all  kinds,  is  hereby  extended  until 
the  second  Wednesday  of  March  in  the  year  nineteen  hun- 
dred and  eleven.  .      Approved  January  31,  1911. 

Resolve  to  confirm  certain  acts  of  john  g.  brackett  Qiir,j^      3 

AS   A  justice   of  THE   PEACE.  ^  ' 

Resolved,  That  the  acts  of  John  G.  Brackett  as  a  justice  Acts  of 
of  the  peace,  between  the  fourth  day  and  the  sixteenth  day  Bracket, 
of  November  in  the  year  nineteen   hundred  and  ten,  are  peacefcon-^'' 
hereby  confirmed  and  made  valid,  to  the  same  extent  as  firmed. 
if  during  that  time  he  had  been  qualified  to  discharge  the 
duties  of  the  said  office.        Ajjproved  January  31,  1911. 


1032 


Resolves,  1911.  —  Chats.  4,  5,  G,  7. 


Acts  of 

Henry  Whoelor, 
justice  of  tlio 
peace,  con- 
firmed. 


Chap.     4  Resolve  to  confirm  the  acts  of  henry  wheeler  as  a 

JUSTICE    OF   THE    PEACE. 

Resolved,  That  the  acts  of  Henry  Wheeler  as  a  justice  of 
the  peace,  between  the  twenty-sixth  day  of  May  and  the 
second  day  of  November  in  the  year  nineteen  hundred 
and  ten,  are  hereby  confirmed  and  made  vahd,  to  the  same 
extent  as  if  during  that  time  he  had  been  quahfied  to  dis- 
charge the  duties  of  the  said  office. 

Ayyroved  Fehniary  9,  1911. 

Chap.     5     Resolve  relative  to  the  observance  of  flag  day. 

^I'^s^JJ^^nco  of  Resolved,  That  the  governor  shall  annually  set  apart 
the  fourteenth  day  of  June  as  Flag  Day,  that  date  being 
the  anniversary  of  the  adoption  of  the  national  flag  by  the 
continental  congress  in  the  year  seventeen  himdred  and 
seventy-seven;  and  shall  issue  his  proclamation  recom- 
mending that  the  day  be  observed  by  the  people  of  the 
commonwealth  in  the  display  of  the  flag  and  in  such  other 
ways  as  will  be  in  harmony  with  the  general  character  of 
the  day.  Ajrproved  February  9,  1911. 


Chap. 

Edward  W. 
Brewer. 


G  Resolve  in  favor  of  edward  w.  brewer. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Motor 
Vehicle  Fees  Fund,  to  Edward  W.  Brewer,  clerk  of  the 
municipal  court  of  the  West  Roxbury  district  of  the  city 
of  Boston,  the  sum  of  one  hundred  and  eighty-five  dollars, 
being  the  amount  of  an  over-payment  to  the  common- 
wealth made  by  him  as  such  clerk  under  the  provisions  of 
chapter  five  hundred  and  thirty-four  of  the  acts  of  the  year 
nineteen  hundred  and  nine. 

Approved  February  15,  1911. 


Cliap.     7  Resolve    to    authorize    the    printing    of    additional 
COPIES   of  the   tenth   report   of  the   comahssioner 


Report  of 
coniuiiMHionor 
of  piililic 
records. 


OF   PUBLIC    RECORDS. 

Resolved,  That  two  hundred  copies  of  the  tenth  report, 
for  the  year  eighteen  hundred  and  ninety-seven,  of  the 
commissioner  of  public  records  may  be  i)rinted  from  the 
stereotype  plates  in  the  hands  of  the  state  printers,  the  ex- 
pense to  be  paid  out  of  the  annual  aj^propriation  for  the 
office  of  the  commissioner.     Approved  February  15,  1911. 


Eesolves,  1911.  — CHArs.  8,  9,  10.  1033 


Resolve  in  favor  of  the  merchants  club  of  boston.  (Jhav.     8 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treas-  Merchants 
ury  of  the  commonwealth  to  the  Merchants  Club  of  Boston,  ^'"^  °^  ^°'*°°- 
Frank  H.  Richer,  treasurer,  the  sum  of  seventy-five  dollars, 
which  sum  was  received  by  the  state  as  its  share  of  the  fee 
for  a  license  to  sell  intoxicating  liquors  issued  to  the  Mer- 
chants Club  of  Boston.  Said  fee,  by  mistake,  was  paid 
twice  by  the  said  Richer  as  treasurer  of  the  said  club.  The 
said  sum  shall  be  taken  from  the  amount  received  in  the  state 
treasury  from  the  fees  for  liquor  licenses. 

Approved  February  24,  1911. 


Resolve  to  confirm  the  acts  of  Augustus  iiolzman  as  r'/^^rj      9 

A   NOTARY  PUBLIC.  ' 

Resolved,  That  the  acts  of  Augustus  Holzman  as  a  notary  Acts  of 
public,  between  the  twenty-ninth  day  of  October  and  the  Hofz"m  "n, 
fifteenth  day  of  December  in  the  year  nineteen  hundred  confir^ued*^''"' 
and  nine,  are  hereby  confirmed  and  made  valid,  to  the  same 
extent  as  if  during  that  time  he  had  been  qualified  to  dis- 
charge the  duties  of  the  said  office. 

Approved  March  1,  1.911. 


Resolve  to  extend  the  time  within  which  the  commis-  (JJiap    10 
siON   appointed   to   investigate   the    inspection   of 
factories,    workshops,    mercantile    establishments 

AND   other  BUILDINGS   SHALL  REPORT. 

Resolved,  That  the  time  within  which  the  commission  Time  ex- 
appointed  under  chapter  fifty-six  of  the  resolves  of  the  year  makfng  report 
nineteen  hundred  and  ten  to  investigate  the  general  subject  c(Lfmfsslon° 
of  the  inspection  of  factories,  workshops,  mercantile  estab- 
lishments and  other  buildings  is  required  to  report,  is  hereby 
extended  to  the  second  Wednesday  in  February;    and  the 
commission   may   exjDcnd   in   the   employment   of  experts, 
clerical  assistance  and  for  other  necessary  expenses,   and 
for  printing  its  report,  a  sum  not  exceeding  twelve  hundred 
dollars,  in  addition  to  the  amount  authorized  by  said  chapter. 

Approved  March  1,  1911. 


1034 


Resolves,  1911.  —  Ciiaps.  11,  12,  13,  14. 


Bronze  tablet 
on  the  site 
of  the  Myles 
Garrison  house. 


Chap.  11  Resolve  to  provide  for  the  erection  of  a  bronze  tablet 

ON  THE  SITE  OF  THE  MYLES  GARRISON  HOUSE  IN  THE  TOWN 
OF   SWANSEA, 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treas- 
ury of  the  commonwealth  a  sum  not  exceeding  six  hundred 
dollars,  for  the  purpose  of  placing  a  suitable  bronze  tablet 
on  the  site  of  the  Myles  Garrison  house  in  the  town  of  Swan- 
sea, to  be  expended  by  the  commission  appointed  under 
authority  of  chapter  ninety-five  of  the  resolves  of  the  year 
nineteen  hundred  and  ten,  with  the  approval  of  the  governor 
and  council.  Appromd  March  1,  1911. 


Chap.  12  Resolve  to  provide  for  the  publication  of  a  report 
ON  retirement  systems  for  certain  public  employees. 


Rctircmont 
systems  of 
public  employ- 
ees, pul)lica- 
tion  of  reix)rt 
on. 


Resolved,  That  one  thousand  copies  of  the  report  made 
by  the  director  of  the  bureau  of  statistics,  pursuant  to 
chapter  one  hundred  and  sixty  of  the  resolves  of  the  year 
nineteen  hundred  and  ten,  as  to  the  cost  to  the  common- 
wealth and  to  the  counties  therein,  of  the  establishment 
of  retirement  systems  for  employees,  be  printed  for  distribu- 
tion by  the  said  bureau.  Approved  March  4,  1911. 


Chap.  13  Resolve  to  authorize  the  state  board  of  agriculture 
TO  reprint  its  publication  relating  to  the  agricul- 
tural resources  of  MASSACHUSETTS. 

Resolved,  That  the  state  board  of  agriculture  is  hereby 
authorized  to  reprint  ten  thousand  copies  of  its  publication 
entitled  "Massachusetts:  agricultural  resources,  advan- 
tages and  opportunities,  with  a  list  of  farms  for  sale"; 
and  for  this  purpose  there  may  be  allowed  and  paid  out  of 
the  treasury  of  the  commonwealth  a  simi  not  exceeding 
fifteen  hundred  dollars.  Approved  March  4,  1911. 


Printing  of 
reix)rt  on 
agricultural 
resources,  etc 


Chap.  14  Resolve  to  provide  for  suitable  fire  protection  at 

THE   STATE   NORMAL   SCHOOL   AT   FITCHBURG. 


FitchburK 
uoriuul  school. 


Resolved,  That  there  be  allowed  and  paid  out  of  the  treas- 
ury of  the  commonwealth  a  sum  not  excectling  two  thousand 
dollars,  to  be  expended  under  the  direction  of  the  board  of 
education  in  ])n)\idiiig  suitable  fire  ])rotection  in  the  dor- 
mitory and  t)tlK"i-  buildings  of  the  state  normal  school  at 
iMtchburg.  Approved  March  9,  191 1. 


Resolves,  1911. -— Chaps.  15,  16,  17,  18.  1035 


Resolve  in  favor  of  the  new  England  industrial  school  (JJidj)    X5 

FOR   DEAF   MUTES.  * 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treas-  New  England 
ury  of  the  commonwealth  to  the  New  England  Industrial  Silo^i  for 
School  for  Deaf  Mutes  the  sum  of  thirty-five  hundred  dol-  i^'-^^f  ^utea. 
lars,  the  same  to  be  paid,  upon  the  approval  of  the  board 
of  education,  to  the  trustees  of  said  school  and  to  be  expended 
under  their  direction,  for  the  educational  purposes  of  the 
school  for  the  year  nineteen  hundred  and  eleven.     The  trus- 
tees shall  report  to  the  board  of  education  the  expenditures 
made  under  authority  of  this  resolve. 

Ay  proved  March  9,  1911. 

Resolve  "in  favor  of  william  h.  lawrence.  Chap.  16 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treasury  wiiiiam  i, 
of  the  commonwealth  an  annuity  of  five  hundred  dollars,  for 
the  term  of  four  years,  to  William  II.  Lawrence  of  Concord, 
as  compensation  for  injuries  received  by  him  on  September 
eleventh,  nineteen  hundred  and  nine,  while  engaged  in  shoe- 
ing a  horse  owned  by  the  commonwealth,  the  annuity  to 
begin  on  the  first  day  of  January,  nineteen  hundred  and 
eleven,  and  to  be  paid  in  equal  quarterly  instalments. 

Approved  March  13,  1911. 

Resolve  to  authorize  the  purchase  of  the  card  cata-  Chap.  17 

LOGUE   OF   THE    GENERAL   COURT    OF   MASSACHUSETTS   PRE- 
PARED BY  THE   LATE   CALEB   B.   TILLINGHAST. 

Resolved,  That  the  trustees  of  the  state  library  be  author-  Catalogue  of 
ized  to  purchase  for  the  commonwealth  at  an  expense  not  courf?"*"^'* 
exceeding  five  thousand  dollars,  the  card  catalogue  of  the 
general  court  of  Massachusetts  prepared  by  the  late  Caleb 
B.  Tillinghast.  Approved  March  15,  1911. 

Resolve  relative  to  the  estate  of  sarah  jane  williams,  Chap.  18 

DECEASED. 

Resolved,  That  any  claim  which  the  commonwealth  may  Sara.hjane 
have  by  escheat  to  a  sum  of  one  thousand  dollars,  with  its  '  ^"^^' 
accumulations,  deposited  in  the  Boston  Penny  Savings  Bank 
on  or  about  January  fifth,  nineteen  hundred  and  seven,  by 
Sarah  Jane  Williams,  now  deceased,  in  trust  for  Mount 
Holyoke  College,  is  hereby  released  to  and  in  favor  of  Mount 
Holyoke  College,  the  beneficiary  so  designated;  and  the  ad- 


1036 


Eesolves,  1911.  — Chats.  19,  20,  21. 


Record  of 
aoldicra,  etc., 
in  the  Spanish- 
American  war. 


ministrator  of  said  deceased  is  authorized  to  proceed  accord- 
ingly, and  the  courts  having  jurisdiction  on  the  matter  are 
authorized  to  make  any  order  or  decree  necessary  or  proper 
to  carry  this  release  into  effect. 

Approved  March  17,  1911. 

Clia'p.  19  Resolve  to  provide  for  the  preparation  of  a  record 

OF  THE  SOLDIERS,  SAILORS  AND  MARINES  WilO   SERVED  IN 
THE  SPANISH-AMERICAN  WAR. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treas- 
ury of  the  commonwealth  a  sum  not  exceeding  one  thousand 
dollars,  to  be  expended  under  the  direction  of  the  adjutant 
general,  for  the  purpose  of  preparing  and  completing  a  record 
of  the  soldiers,  sailors  and  marine  corps  who  served  in  the 
Spanish-American  war  from  April  twenty-second,  eighteen 
hundred  and  ninety-eight,  to  April  second,  eighteen  hundred 
and  ninety-nine.  The  record  shall  state  the  name,  residence, 
date  of  enrollment,  rank,  promotion,  wounds,  date  of  death 
or  discharge,  and  such  other  information  as  the  adjutant 
general  may  deem  necessary  to  complete  a  military  record. 

Approved  March  17,  1911. 

Chap.  20  Resolve  to  confirm  the  acts  of  Walter  w.  ck-^rk  as  a 

NOTARY   PUBLIC. 

Resolved,  That  the  acts  of  Walter  W.  Clark  of  Worcester 
as  a  notary  public,  between  the  thirtieth  day  of  September 
in  the  year  nineteen  hundred  and  ten  and  the  first  day  of 
February  in  the  year  nineteen  hundred  and  eleven,  are  hereby 
confirmed  and  made  valid,  to  the  same  extent  as  if  during 
that  time  he  had  been  qualified  to  discharge  the  duties  of 
the  said  office.  Approved  March  17,  1911. 

Chap.  21  Resolve  relative  to  a  memorial  to  the  army  nurses 

OF  THE   CIVIL  WAR. 

Resolved,  That  the  memorial  to  the  army  nurses  of  the 
civil  war,  by  Bela  L.  Pratt,  sculptor,  proposed  to  be  pre- 
sented to  the  commonwealth  by  the  Army  Nurses  Memorial 
Association  of  the  Massachusetts  Dei)artment,  Daughters 
of  Veterans,  be  and  hereby  is  accepted,  to  be  placed  in  the 
state  house  at  the  easterly  side  of  the  senate  staircase,  stv 
called;  said  mem(n-ial  having  already  been  appro^■e(l  by  the 
art  counnission  of  the  commonwealth. 

Approved  March  17,  1911. 


Acts  of  Walter 
W.  Clark, 
notary  public, 
confirmed. 


Memorial  to 
army  nurses. 


Resolves,  1911.  —  Chaps.  22,  23.  1037 


Resolve  to  confirm  the  acts  of  joiin  b.  cornisii,  junior,  Chan.  22 

AS  A   justice   of  THE   PEACE. 

Resolved,  That  the  acts  of  John  B.  Cornish,  Junior,  as  Acts  of  John 
a  justice  of  the  peace,  between  the  third  day  of  September,  jr..  ju8Ucu''of 
nineteen  hundred  and  three,  and  the  ninth  day  of  February,  TOnfiTmed. 
nineteen   hundred   and   eleven,   are   hereby   confirmed   and 
made  vaHd,  to  the  same  extent  as  if  during  that  time  he 
had  been  quahfied  to  discharge  the  duties  of  the  said  office. 

Approved  March  22,  1911. 


Resolve  granting  a  county  tax  for  the  county  of  Chap.   23 

MIDDLESEX. 

Resolved,  That  the  following  sums  are  hereby  appropriated  Middie^aex."' 
for  the  expenses  of  the  county  of  Middlesex  for  the  year 
nineteen  hundred  and  eleven :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  thirty- 
two  thousand  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding  fifty 
thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  thirty-nine  thousand  five  hundred 
dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  exceed- 
ing seventy-two  thousand  dollars. 

For  salaries  and  expenses  of  district  and  police  courts,  a 
sum  not  exceeding  ninety-eight  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  support 
of  prisoners  in  jails  and  houses  of  correction,  a  sum  not 
exceeding  one   hundred  and  fifty  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  exceed- 
ing sixty  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  eighty-two  thousand  dollars. 

For  trial  justices,  a  sum  not  exceeding  three  thousand 
five  hundred  dollars. 

For  transportation  expenses  of  county  and  associate  com- 
missioners, a  sum  not  exceeding  one  thousand  dollars. 

For  medical  examiners,  inquests,  and  commitments  of  the 
insane,  a  sum  not  exceeding  seventeen  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
eleven  thousand  dollars. 


1038  Resolves,  1911.  —  Chaps.  24,  25. 

MiddiraJx."'  For  repairing,  fiirnislilng  and  improving  county  buildings, 

a  .sum  not  exceeding  thirty-five  thousand  dolhirs. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the  same, 
a  sum  not  exceeding  sixty-two  thousand  dollars. 

For  highways,  including  state  highways,  bridges  and  land 
damages,  a  sum  not  exceeding  forty-five  thousand  dollars. 

For  law  libraries,  a  sum  not  exceeding  seven  thousand 
dollars. 

For  training  schools,  a  sum  not  exceeding  thirty-three 
thousand  dollars. 

For  miscellaneous  and  contingent  expenses  of  the  current 
year,  a  sum  not  exceeding  six  thousand  five  hundred  dollars. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for 
the  current  year,  in  the  manner  provided  by  law,  the  sum 
of  six  hundred  and  six  thousand  three  hundred  eleven  dol- 
lars and  twenty-five  cents,  to  be  expended,  together  with 
the  cash  balance  on  hand  and  the  receipts  from  other  sources, 
for  the  above  purposes.  Approved  March  25,  1911. 

Chap.  21  Resolve  relative  to  the  segregation  and  treatment 

OF     PRISONERS     AFFLICTED     WITH     EPILEPSY     AND     OTHER 
NERVOUS  DISEASES. 

Jtc^oT^"^*^'  Resolved,  That  the  prison  commissioners  are  hereby  author- 

prisonera  i^ed  and  directed  to  ascertain  the  number  of  persons  in  the 

alnicted  witn  ,  .  ,  rn*  i        ■    i  m  i 

epilepsy,  etc.  state  and  county  prisons  who  are  aiilicted  with  epilepsy  and 
other  nervous  diseases,  and  to  make  an  examination  as  to 
the  best  methods  for  the  segregation  and  treatment  of  such 
persons.  The  said  commissioners  may  expend  a  sum  not 
exceeding  three  hundred  dollars  for  the  purpose  of  this  resolve, 
and  shall  report  to  the  general  court,  on  or  before  the  third 
Wednesday  in  January,  nineteen  hundred  and  twelve,  the 
result  of  their  investigation  with  their  recommendations 
thereon.  Approved  March  25,  1911. 

Chap.  25  Resolve  granting  a  county  tax  for  the  county  of 

PLYMOUTH. 

prymouih."'  Resolvcd,  That  the  following  sums  are  hereby  a])propriated 

for  the  expenses  of  the  county  of  Plymouth  for  the  year 
nineteen  hundred  and  eleven:  — 

For  interest  on  county  debt,  a  sum  not  exceeding  ten 
thousand  three  hundred  dollars. 


Kesolves,  1011.  — Chap.  25.  1039 

For    reduction   of    county    debt,    a    sum  not    exceeding  County  tax, 
twenty-nine  thousand  three  hundred  thirty-nine  dollars  and     ^'"°"^  ' 
ninety  cents. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  thirteen  thousand  six  hundred 
dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  cxceed- 
mg  seven  thousand  six  hundred  dollars. 

For  salaries  and  expenses  of  district  and  police  courts,  a 
sum  not  exceeding  twenty-three  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  twenty-five  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  exceed- 
ing twenty-eight  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  twelve  thousand  dollars. 

For  transportation  expenses  of  county  and  associate  com- 
missioners, a  sum  not  exceeding  four  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of  the 
insane,  a  sum  not  exceeding  four  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
one  thousand  dollars. 

For  building  county  buildings,  a  sum  not  exceeding  two 
thousand  five  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  buildings, 
a  sum  not  exceeding  four  thousand  five  hundred  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the  same, 
a  sum  not  exceeding  four  thousand  five  hundred  dollars. 

For  highways,  including  state  highways,  bridges  and  land 
damages,  a  sum  not  exceeding  nine  thousand  dollars. 

For  training  schools,  a  sum  not  exceeding  two  thousand 
seven  hundred  dollars. 

For  miscellaneous  and  contingent  expenses  of  the  current 
year,  a  sum  not  exceeding  five  thousand  two  hundred  sixty- 
seven  dollars  and  two  cents. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of 
one  hundred  and  fifty-five  thousand  dollars,  to  be  expended, 
together  with  the  cash  balance  on  hand  and  the  receipts 
from  other  sources,  for  the  above  purposes. 

Ayiiroved  March  25,  1911. 


1040  Resolves,  1911.  —  Cii^U's.  26,  27. 


Chap,  26  Resolve  to  PROvroE  for  the  appointment  of  a  com- 
mission TO  CONSIDER  IN  WHAT  MANNER  TUE  COMMON- 
WEALTH MAY  BEST  CO-OPERATE  WITH  OTHER  STATES  AND 
WITH  THE  FEDERAL  GOVERNMENT  IN  THE  DEVELOPMENT 
OF    INLAND    WATERWAYS. 

^^nbTd"^"*^  Resolved,  That  the  governor,  with  the  advice  and  con- 
waterwaya.  sent  of  the  council,  shall  within  thirty  days  after  the  passage 
of  this  resolve,  appoint  a  commission  consisting  of  seven 
persons,  citizens  of  the  commonwealth,  one  of  whom  he  shall 
designate  as  chairman,  to  consider  in  what  manner  the 
commonwealth  may  best  co-operate  with  the  federal  gov- 
ernment in  the  construction  of  a  ship  canal  across  the  state, 
open  and  free  to  the  commerce  of  the  world,  without  tolls 
or  charges  for  the  passage  of  freight  therein,  as  now  being 
surveyed  by  the  engineers  of  the  United  States  war  depart- 
ment under  the  provisions  of  section  thirteen  of  the  rivers 
and  harbors  act,  approved  March  third,  nineteen  hundred 
and  nine;  the  same  being  a  link  of  the  proposed  intra-coastal 
waterway  between  Boston  and  the  liio  Grande  in  Texas, 
and  in  harmony  with  the  plan  advocated  by  the  Atlantic 
Deeper  Waterways  Association;  to  consider  how  best  the 
commonwealth  may  co-operate  with  other  states  along  the 
Atlantic  seaboard,  more  especially  Rhode  Island,  in  the  de- 
velopment of  these  inland  waterways;  and  to  consider  the 
value  of  such  a  canal  to  the  state  and  its  inhabitants  in  the 
development  of  industries,  the  reduction  in  the  cost  of  hand- 
ling raw  material  and  manufactured  products,  or  otherwise, 
and  the  benefit  to  transportation  generally  along  the  Atlantic 
Report.  coast.     The  commission  shall  serve  without  pay,  and  it  shall 

report  in  print  to  the  general  court  on  or  before  the  first  day 
of  May,  nineteen  hundred  and  eleven. 

Amwoved  March  28,  1911. 

Chap.  27  Resolve  in  favor  of  the  estate  of  lendall  p.  cazeaux. 

ciiz^il^  ■  Resolved,  That  there  be  allowed  and  paid  out  of  the  treas- 

ury of  the  commonwealth  to  Laurence  JNIinot,  administrator 
with  the  will  annexed  of  the  estate  not  already  administered 
of  Lendall  P.  Cazeaux,  late  of  INIelrose,  the  sum  of  twenty- 
eight  hundred  seventeen  dollars  and  thirty-one  cents  as 
repayment  of  that  part  of  the  sum  paid  as  a  collateral  leg- 
acy titx  to  the  commomvealth  by  the  executor  of  said  estate, 
in  the  year  nineteen  hundred  and  six,  which  was  erroneously 
assessed  upon  said  estate.  AjU^roved  March  2S,  lUll. 


Resolves,  1911.  — Chap.  28.  1041 


Resolve  granting  a  county  tax  for  the  county  of  (Jhap.  28 

BARNSTABLE. 

Resohed,  That  the  following  sums  are  hereby  appropri-  Bamgtabfe'^' 
ated  for  the  expenses  of  the  county  of  Barnstable  for  the 
year  nineteen  hundred  and  eleven :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  one 
thousand  five  hundred  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding  two 
thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by  law, 
a  sum  not  exceeding  six  thousand  dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  exceed- 
ing one  thousand  seven  hundred  dollars. 

For  salaries  and  expenses  of  district  and  police  courts,  a 
sum  not  exceeding  five  thousand  five  hundred  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  support 
of  prisoners  in  jails  and  houses  of  correction,  a  sum  not 
exceeding  five  thousand  five  hundred  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  exceed- 
ing three  thousand  five  hundred  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  two  thousand  five  hundred  dol- 
lars. 

For  transportation  expenses  of  county  and  associate  com- 
missioners, a  sum  not  exceeding  four  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of  the 
insane,  a  sum  not  exceeding  one  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
five  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  buildings, 
a  sum  not  exceeding  four  thousand  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the  same, 
a  sum  not  exceeding  two  thousand  dollars. 

For  highways,  including  state  highways,  bridges  and  land 
damages,  a  sum  not  exceeding  seventeen  thousand  five  hun- 
dred dollars. 

For  truant  schools,  a  sum  not  exceeding  one  hundred 
dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  three  hundred  dollars. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 


1042  Resolves,  1011.  — Chap.  29. 

current  year,  in  the  manner  provided  by  law,  the  sum  of 
forty-five  tliousand  dollars^  to  be  expended,  together  with 
the  cash  balance  on  hand  and  the  receipts  from  other  sources, 
for  the  above  purposes.  Approved  March  28,  1911. 

Chaj).  29  Resolve  granting  a  county  tax  for  the  county  of 

IJEKKSIIIRE. 

Be"k"hirc'''''  Rcsolved,  That  the  following  sums  are  hereby  appropri- 

ated for  the  expenses  of  the  county  of  Berkshire  for  the 
year  nineteen  hundred  and  eleven :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  four 
thousand  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding  ten 
thousand  tlollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  thirteen  thousajid  dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  exceed- 
ing five  thousand  five  hundred  dollars. 

For  salaries  and  expenses  of  district  and  police  courts,  a 
sum  not  exceeding  twenty-three  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  thirty  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  exceed- 
ing seven  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  seven  thousand  dollars. 

For  transportation  expenses  of  county  and  associate  com- 
missioners, a  sum  not  exceeding  two  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of  the 
insane,  a  sum  not  exceeding  three  tliousand  two  hundred 
dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
two  thousand  dollars. 

For  repairing,  furnishing  and  improving  county  buildings, 
a  sum  not  exceeding  seven  thousand  tlollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the  same, 
a  sum  not  exceeding  six  thousand  dollars. 

For  highways,  including  state  highways,  bridges  and  land 
damages,  a  sum  not  exceeding  twenty-fi^■e  thonsand  dollars. 

For  law  libraries,  a  sum  not  exceeding  one  thousand  dol- 
lars. 


Rksolves,  1911.  — Chap.  30.  1043 

For  truant  schools,  a  sum  not  exceeding  two  thousand  ueSro*"' 
five  hundred  dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  two  thousand  dollars. 

For  the  care  and  maintenance  of  the  Grey  lock  state  res- 
ervation, a  sum  not  exceeding  two  thousand  five  hundred 
dollars. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  l)y  law,  the  sum  of 
one  hundred  and  twenty-four  thousand  dollars,  to  be  ex- 
pended, together  with  the  cash  balance  on  hand  and  the 
receipts  from  other  sources,  for  the  above  purposes. 

Approved  March  2S,  1011. 

Resolve  granting  a  county  tax  for  the  county  of  ni^^.y^    qh 

BRISTOL.  ^  ' 

Resolved,  That  the  following  sums  are  hereby  appropri-  County  tax. 
ated  for  the  expenses  of  the  county  of  Bristol  for  the  year 
nineteen  hundred  and  eleven:  — 

For  interest  on  county  debt,  a  sum  not  exceeding  fifty- 
two  thousand  two  hundred  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding  forty 
thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  twenty-five  thousand  five  hun- 
dred dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  exceed- 
ing sixteen  thousand  five  hundred  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  thirty-seven  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  ninety-three  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding twenty-two  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  twenty-one  thousand  dollars. 

For  transportation  expenses  of  county  and  associate  com- 
missioners, a  sum  not  exceeding  seven  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of  the 
insane,  a  sum  not  exceeding  seven  thousand  five  hundred 
dollars. 


lOU  Resolves,  1911.  — Chap.  31. 


ij?btoL  ^^'  ^^^  auditors,  masters  and  referees,  a  sum  not  exceeding 

one  thousand  five  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  buildings, 
a  sum  not  exceeding  fifteen  thousand  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  sum  not  exceeding  thu-ty-one  thousand  five  hundred 
dollars. 

For  highways,  including  state  highways,  bridges  and  land 
damages,  a  sum  not  exceeding  thirteen  thousand  dollars. 

For  law  libraries,  a  sum  not  exceeding  five  thousand  dollars. 

For  training  school,  a  sura  not  exceeding  eight  thousand 
dollars. 

For  miscellaneous  and  contingent  expenses  of  the  current 
year,  a  sum  not  exceeding  four  thousand  dollars. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of 
three  hundred  and  forty-two  thousand  four  hundred  dollars, 
to  be  expended,  together  with  the  cash  balance  on  hand 
and  the  receipts  from  other  sources,  for  the  above  purposes. 

Approved  March  28,  1011. 


Chap.  31  Resolve  granting  a  county  tax  for  the  county  of 

DUKES   county. 

County  tax,  Resolvecl,  That  the  following  sums  are  hereby  appropri- 

ated for  the  expenses  of  the  county  of  Dukes  County  for  the 
year  nineteen  hundred  and  eleven :  — 

For  interest  on  comity  debt,  a  sum  not  exceeding  fifty  dol- 
lars. 

For  salaries  of  county  officers  and  assistants,  fixed  by  law, 
a  sum  not  exceeding  two  thousand  two  hundred  dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  exceed- 
ing two  hundred  dollars. 

For  salaries  and  expenses  of  district  and  police  courts,  a 
sura  not  exceeding  nine  hundred  and  fifty  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum  not 
exceeding  six  hundred  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  exceed- 
ing five  hundred  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sura  not  exceeding  nine  hundred  dollars. 


Resolves,  1911.  — Chap.  32.  1045 

For  transportation  expenses  of  county  and  associate  com-  county  tax. 

.  1.  f.a,         ,    ,,  Dukea  County. 

missioners,  a  sum  not  exceednig  iitty  dollars. 

For  medical  examiners,  inquests,  and  commitments  of  the 
insane,  a  sum  not  exceeding  two  hundred  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
two  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  buildings, 
a  sum  not  exceeding  five  hundred  and  fifty  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the  same, 
a  sum  not  exceeding  seven  hundred  dollars. 

For  highways,  including  state  highways,  bridges  and  land 
damages,  a  sum  not  exceeding  two  thousand  dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  eight  hundred  dollars. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of 
eight  thousand  four  hundred  dollars,  to  be  expended,  together 
with  the  cash  balance  on  hand  and  the  receipts  from  other 
sources,  for  the  above  purposes. 

Approved  March  28,  1911. 

Resolve  granting  a  county  tax  for  the  county  of  pj         09 

ESSEX.  ^  ^^' 

Resolved,  That  the  following  sums  are  hereby  appropri-  county  tax, 
ated  for  the  expenses  of  the  county  of  Essex  for  the  year  ^^^^"^ 
nineteen  hundred  and  eleven:  — 

For  interest  on  county  debt,  a  sum  not  exceeding  fifty- 
seven  thousand  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding  one 
hundred  and  seventeen  thousand  eight  hundred  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  thirty-seven  thousand  dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  exceed- 
ing thirty-one  thousand  dollars. 

For  salaries  and  expenses  of  district  and  police  courts,  a 
sum  not  exceeding  sixty-five  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum  not 
exceeding  sixty-five  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  exceed- 
ing forty-four  thousand  dollars. 


1046  Resolves,  1911.  — Chap.  33. 

E^x!^  *^'''  ^^^  ^^^'^^  expenses  in  the  supreme  judicial  and  superior 

courts,  a  sum  not  exceeding  thirty-three  thousand  dollars. 

For  trial  justices,  a  sum  not  exceeding  eight  thousand  five 
hundred  dollars. 

For  transportation  expenses  of  county  and  associate  com- 
missioners, a  sum  not  exceeding  one  thousand  dollars. 

For  medical  examiners,  inquests,  and  commitments  of  the 
insane,  a  sum  not  exceeding  eleven  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
five  thousand  dollars. 

For  repairing,  furnishing  and  improving  county  buildings, 
a  sum  not  exceeding  fifteen  thousand  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the  same, 
a  sum  not  exceeding  thirty-five  thousand  dollars. 

For  highways,  including  state  highways,  bridges  and  land 
damages,  a  sum  not  exceeding  eighty-five  thousand  five 
hundred  dollars. 

For  law  libraries,  a  sum  not  exceeding  eight  thousand 
dollars. 

For  truant  schools,  a  sum  not  exceeding  thirty-one  thou- 
sand dollars. 

For  miscellaneous  and  contingent  expenses  of  the  current 
year,  a  sum  not  exceeding  five  thousand  nine  hundred  eighty- 
four  dollars  and  thirteen  cents. 

And  the  county  commissioners  of  said  count}'  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  coimty  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of  five 
hundred  and  fifty-four  thousand  five  hundred  dollars,  to  be 
expended,  together  with  the  cash  balance  on  hand  and  the 
receipts  from  other  sources,  for  the  above  puri)oses. 

Approved  March  ^S,  1911. 


Chap.  33  Resolve  granting  a  county  tax  for  the  county  of 

FRANKLIN. 

County  tax,  Resolvcd,  That  the  following  simis  are  hereby  a}ii)ropri- 

ated  for  the  expenses  of  the  county  of  Franklin  for  the  year 
nineteen  hundred  and  eleven:  — 

For  interest  on  county  debt,  a  sum  not  exceeding  nine 
Inmdred  dollars. 

For  salaries  of  county  officers  and  assistants,  fix(>d  by 
law,  a  sum  not  exceeiling  seven  thousand  two  huiidn?d 
dollars. 


Kesolves,  1911.  — Chap.  34.  1047 

For  clerical  assistance  in  county  offices,  a  sum  not  exceed-  FrankUn.*"' 
ing  two  thousand  six  hundred  dollars. 

For  salaries  and  expenses  of  district  and  police  courts,  a 
sum  not  exceeding  eight  thousand  seven  hundred  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  support 
of  prisoners  in  jails  and  houses  of  correction,  a  sum  not 
exceeding  twelve  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  exceed- 
ing three  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  six  thousand  dollars. 

For  transportation  expenses  of  county  and  associate  com- 
missioners, a  'sum  not  exceeding  two  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of  the 
insane,  a  sum  not  exceeding  one  thousand  two  hundred  dol- 
lars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
five  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  buildings, 
a  sum  not  exceeding  one  thousand  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the  same, 
a  sum  not  exceeding  three  thousand  five  hundred  dollars. 

For  highways,  including  state  highways,  bridges  and  land 
damages,  a  sum  not  exceeding  thirteen  thousand  dollars. 

For  law  libraries,  a  sum  not  exceeding  one  thousand  dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  two  thousand  one  hundred 
fifteen  dollars  and  thirty-two  cents. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of 
fifty-five  thousand  dollars,  to  be  expended,  together  with 
the  cash  balance  on  hand  and  the  receipts  from  other  sources, 
for  the  above  purposes.  Approved  March  28,  1911. 


Resolve  granting  a  county  tax  for  the  county  of  (JJi^p,  34 

HAMPDEN. 

Resohed,  That  the  following  sums  are  hereby  appropri-  ^^^^i^^^' 
ated  for  the  expenses  of  the  county  of  Hampden  for  the 
year  nineteen  hundred  and  eleven:  — 

For  interest  on  county  debt,  a  sum  not  exceeding  seven- 
teen thousand  dollars. 


1048  Eesolves,  1911.  — Chap.  34. 

Hampden"'  ^^^  rcfluction  of  county  debt,  a  sum  not  exceeding  twenty 

thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  twenty  thousand  dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  exceed- 
ing eleven  thousand  dollars. 

For  salaries  and  expenses  of  district  and  police  courts,  a 
sum  not  exceeding  twenty-eight  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  support 
of  prisoners  in  jails  and  houses  of  correction,  a  sum  not 
exceeding  thirty-six  thousand  five  hundred  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding ten  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  thirteen  thousand  dollars. 

For  trial  justices,  a  sum  not  exceeding  five  hundred  dol- 
lars. 

For  transportation  expenses  of  county  and  associate  com- 
missioners, a  sum  not  exceeding  five  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of  the 
insane,  a  sum  not  exceeding  six  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
two  thousand  dollars. 

For  building  county  buildings,  a  sum  not  exceeding  six 
thousand  dollars. 

For  repairing,  furnishing  and  improving  county  buildings, 
a  sum  not  exceeding  twenty-five  thousand  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the  same, 
a  sum  not  exceeding  seventeen  thousand  dollars. 

For  highways,  including  state  highways,  bridges  and  land 
damages,  a  sum  not  exceeding  fifteen  thousand  dollars. 

For  law  libraries,  a  sum  not  exceeding  two  thousand  five 
hundred  dollars. 

For  training  school,  a  sum  not  exceeding  seven  thousand 
dollars. 

For  miscellaneous  and  contingent  expenses  of  the  current 
year,  a  siun  not  exceeding  five  thousand  four  hundred  and 
fifty  dollars. 

For  the  care  and  maintenance  of  the  Mount  Tom  state 
reservation,  a  sum  not  exceeding  four  thousand  two  hundred 
dollars. 

And  the  county  commissioners  of  said  county  are  luM'cby 
authorized  to  \c\\  as  the  county  tax  of  said  county  for  the 


Eesolves,  1911.  — Chap.  35.  1049 

current  year,  in  the  manner  provided  by  law,  the  sum  of 
two  hunch'ed  and  eight  thousand  dollars,  to  be  expended, 
together  with  the  cash  balance  on  hand  and  the  receipts 
from  other  sources,  for  the  above  purposes. 

Approved  March  28,  1911. 

Resolve  granting  a  county  tax  for  the  county  of  QJiq^j    35 

NORFOLK.  1  •    ' 

Resolved,  That  the  following  sums  are  herelw  appropri-  ^'^PW^^"- 
ated  for  the  expenses  of  the  county  of  Norfolk  for  the  year 
nineteen  hundred  and  eleven:  — 

For  interest  on  county  debt,  a  sum  not  exceeding  twelve 
thousand  five  hundred  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding  twenty- 
eight  thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by  law, 
a  sum  not  exceeding  nineteen  thousand  dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  exceed- 
ing twenty-five  thousand  five  hundred  dollars. 

For  salaries  and  expenses  of  district  and  police  courts,  a 
sum  not  exceeding  thirty-eight  thousand  five  hunflred  dol- 
lars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum  not 
exceeding  thirty-seven  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  exceed- 
ing twenty  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  twenty-two  thousand  dollars. 

For  transportation  expenses  of  county  and  associate  com- 
missioners, a  sum  not  exceeding  six  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of  the 
insane,  a  sum  not  exceeding  six  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
four  thousand  dollars. 

For  repairing,  furnishing  and  improving  county  buildings, 
a  sum  not  exceeding  twelve  thousand  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the  same, 
a  sum  not  exceeding  twenty-seven  thousand  dollars. 

For  highways,  including  state  highways,  bridges  and  land 
damages,  a  sum  not  exceeding  twenty-five  thousand  dol- 
lars. 


1050 


Resolves.  1911.  —  Chai\  36. 


County  tax, 
Norfolk. 


For  training  school,  a  sum  not  exceeding  four  thousand 
five  hundred  dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  three  thousand  five  hundred 
forty-three  dollars  and  twenty-nine  cents. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of 
one  hundred  and  ninety-three  thousand  dollars,  to  be  ex- 
pended, together  with  the  cash  balance  on  hand  and  the 
receipts  from  other  sources,  for  the  above  purposes. 

Apj^roved  March  28,  1911. 


Chap.  36  Resolve  granting  a  county  tax  for  the  county  of 

WORCESTER. 


County  tax, 
Worcester. 


Resolved,  That  the  following  sums  are  hereby  appropri- 
ated for  the  expenses  of  the  county  of  Worcester  for  the 
year  nineteen  hundred  and  eleven:  — 

For  interest  on  county  debt,  a  sum  not  exceeding  four 
thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  twenty-eight  thousand  dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding thirty-eight  thousand  dollars. 

For  salaries  and  expenses  of  district  and  police  courts,  a 
sum  not  exceeding  sixty  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  support 
of  prisoners  in  jails  and  houses  of  correction,  a  simi  not 
exceeding  fifty-four  thousand  dollars. 

For  criminal  costs  in  the  sujicrior  court,  a  sum  not  ex- 
ceeding thirty-three  thousand  dollars. 

For  civil  expenses  in  the  sui)reme  judicial  and  superior 
courts,  a  sum  not  exceeding  twenty-six  thousand  dollars. 

For  trial  justices,  a  sum  not  exceeding  two  thousand  five 
hundred  dollars. 

For  transportation  expenses  of  county  nnd  nssocinte  com- 
missioners, a  sum  not  exceeding  one  thousand  dollars. 

For  medical  examiners,  inquests,  and  commitments  of  the 
insane,  a  sum  not  exceeding  ten  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  excee<ling 
five  thousand  dollars. 

For  repairing,  funiisliiug  and  improving  county  build- 
ings, a  sum  not  exceeding  twelve  thousand  dollars. 


Eesolves,  1911.  — Chaps.  37,  38.  1051 

For  fuel,  lights  and  supplies  in  county  buildings,  other  County  tax. 
than  jails  and  houses  of  correction,  and  for  care  of  the  same,     *"^'''"*  '"^' 
a  sum  not  exceeding  twenty-eight  thousand  dollars. 

For  highways,  including  state  highways,  bridges  and  land 
damages,  a  sum  not  exceeding  thirty-five  thousand  dollars. 

For  law  libraries,  a  sum  not  exceeding  four  thousand  six 
hundred  dollars. 

For  truant  school,  a  sum  not  exceeding  twelve  thousand 
dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  nineteen  thousand  four  hun- 
dred dollars. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of 
three  hundred  thousand  dollars,  to  be  expended,  together 
with  the  cash  balance  on  hand  and  the  receipts  from  other 
sources,  for  the  above  purposes. 

Api^roved  March  28,  1911. 

Resolve  in  favor  of  william  j.  ratt.  Chan    37 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treas-  wiiuam  j. 
ury  of  the  commonwealth  to  the  reverend  William  J.  Batt,  ^*"" 
the  sum  of  two  hundred  and  fifty  dollars  for  his  services 
as  chaplain  at  the  Massachusetts  reformatory  during  three 
months  after  his  retirement  on  a  pension. 

Ay  proved  March  28,  1011. 

Resolve  to  provide  for  an  investigation  relative  to  (jitn^    Qg 

THE  construction  OF  A  TEAMING  TUNNEL  UNDER  BOSTON     ^  ' 
HARBOR  TO  EAST  BOSTON. 

Resolved,  That  the  board  of  railroad  commissioners  and  the  construction 
Boston  transit  commission,  acting  as  a  joint  board,  shall  tunneTunder 
investigate  the  subject-matter  of  the  petitions  of  Thomas  i^oston  harbor. 
J.  Giblin  and  others,  with  accompanying  bill,  house,  num- 
ber seven  hundred  and  twenty-one,  to  provide  for  the  con- 
struction of  a  teaming  tunnel  under  Boston  harbor  to  East 
Boston,  and  shall  report  to  the  general  court  not  later  than 
May  fifteenth,   nineteen  hundred   and   eleven.     Said   joint 
board  may  expend  a  sum  not  exceeding  five  hundred  dollars 
in  carrying  out  the  provisions  of  this  resolve,  to  be  paid 
out  of  the  treasury  of  the  commonwealth. 

Approved  March  28,  1011. 


1052  Kesolves,  1911.  — Chaps.  39,  40,  41. 


Chaj).  39  Resolve  in  favor  of  Arthur  f.  butterworth. 

Buttwwwth  Resolved,  That  there  be  allowed  and  paid  out  of  the  Motor 

Vehicles  Fees  Fund  to  Arthur  F.  Butterworth,  clerk  of  the 
district  court  of  western  Worcester,  the  sum  of  twcntv-five 
dollars,  being  the  amount  of  an  over-payment  to  the  common- 
wealth made  by  him  as  such  clerk  under  the  provisions  of 
chapter  five  hundred  and  thirty-four  of  the  acts  of  the  year 
nineteen  hundred  and  nine. 

Approved  March  28,  1911. 

Chap.  40  Resolve  in  favor  of  the  Massachusetts  charitable  eye 

AND    ear   infirmary. 

Massachusetts        Rcsolvcd,  That  there  be  allowed  and  paid  out  of  the  treas- 
Kye  and  Ear      ury  of  tlic  commouwcalth  to  the  Massachusetts  Charitable 
n  rniary.         j^^^  ^^j  j,^^  Infirmary  the  sum  of  forty-five  thousand  dol- 
lars, to  be  expended  under  the  direction  of  the  managers 
thereof  for  the  charitable  purposes  of  the  infirmary  during 
the  year  nineteen  hundred  and  eleven. 

Approved  March  30,  1911. 

Chap.  41  Resolve  granting  a  county  tax  for  the  county  of 

HAMPSHIRE. 

County  tax,  Rcsolved,  That  the  following  sums  are  hereby  appropri- 

ated for  the  expenses  of  the  county  of  Hampshire  for  the 
year  nineteen  hundred  and  eleven :  — 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  nine  thousand  five  hundred  dol- 
lars. 

For  clerical  assistance  in  county  offices,  a  sum  not  exceed- 
ing four  thousand  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  thirteen  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  fifteen  thousand  dollars. 

For  criminid  costs  in  the  superior  court,  a  siun  not  exceed- 
ing six  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  five  thousand  dollars. 

For  transportation  expcMiscs  of  county  and  associate  com- 
missioners, a  sum  not  exceeding  five  hundred  and  fifty  dol- 
lars. 


Resolves,  1911.  — Chap.  42.  1053 

For  medical  examiners,  inciiiests,  and  commitments  of  the  f^ounty  tax, 

,•  ,  1     1    11  llampahire. 

msane,  a  sum  not  exceedmg  two  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
one  thousand  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  twenty-one  thousand  dollars. 

For  fuel,  lights  and  sui)plies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the  same, 
a  sum  not  exceeding  five  thousand  dollars. 

For  highways,  bridges  and  land  damages,  a  sum  not  exceed- 
ing fifteen  thousand  dollars. 

For  law  libraries,  a  sum  not  exceeding  one  thousand  dol- 
lars. 

For  truant  schools,  a  sum  not  exceeding  five  hundred  dol- 
lars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  four  thousand  dollars. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided  by  law,  the  sum  of 
sixty-one  thousand  six  hundred  eighteen  dollars  and  seventy 
cents,  to  be  expended,  together  with  the  cash  balance  on 
hand  and  the  receipts  from  other  sources,  for  the  above 
purposes.  Approved  April  5,  1911. 

Resolve  to  provide  for  the  preservation  of  an  ancient  (JJia-n.  42 

MONUMENT  OR  BOUNDARY  MARK  BETWEEN  THE  TOWNS  OF 
NORTH  ATTLEBOROUGH  AND  PLAINVILLE. 

Resolved,  That  the  board  of  harbor  and    land  commis-  Boundary 
sioners  is  hereby  authorized  and  directed  to  take  such  meas-  Sie^ownJ^oF" 
ures  as,  in  its  opinion,  may  be  necessary  for  the  proper  bijrough  and 
preservation  of  a  certain  ancient  monument  or  boundary  Piainviue. 
mark,  located  between  the  towns  of  North  Attleborough 
and  Plainville,  formerly  bounding  the  Massachusetts  and 
Plymouth  colonies,  known  as  the  Angle  Tree  Monument, 
and  erected  by  authority  of  the  general  court  in  the  year 
seventeen  hundred  and  ninety:    provided,  that  no  work  be 
done  and  no  money  expended  until  a  conveyance  is  made 
to  the  commonwealth,  without  expense,  of  a  suitable  lot  of 
land  surrounding  the  monument,  together  with  a  right  of 
way  not  less  than  twenty  feet  wide  from  the  monument  to 
the  county  road  in  the  town  of  North  Attleborough.     Said 
commission  may  expend  for  this  purpose  a  sum  not  exceed- 


1054 


Kesolves,  1911.  —  Chaps.  43,  44. 


ing  five  hundred  dollars,  and  shall  make  a  report  of  the  work 
done  in  its  annual  report  for  the  year  nineteen  hundred  and 
twelve.  Ajyproved  Ajiril  5,  1011. 


Chap.  43  Resolve  to  provide  for  an  investigation  and  a  report 

RELATIVE  TO  THE  PROPOSED  EAST  AND  WEST  TUNNEL  AND 
SUBWAY    IN    THE    CITY    OF    BOSTON. 


Kast  and  west 
tunnel  and 
subway  in  the 
city  of  Boston. 


Report. 


Resolved,  That  the  board  of  railroad  commissioners  and 
the  Boston  transit  commission,  sitting  together  as  a  joint 
board,  be  instructed  to  consider  and  report  within  one 
month  from  the  passage  of  this  resolve  whether,  between 
the  termini  for  the  east  and  west  tunnel  and  subway,  as 
defined  in  section  one  of  chapter  five  hundred  and  seventy- 
three  of  the  acts  of  the  year  nineteen  hundred  and  seven, 
a  route  in  part  under  or  near  Boylston  street  would  be 
preferable  to  the  route  defined  in  said  act  and,  if  so,  to 
give  a  general  description  of  said  route  with  an  approxi- 
mate estimate  of  the  cost  of  construction  of  a  tunnel  and 
subway  thereon;  and  also  to  report  whether  such  construc- 
tion at  the  present  time  would  in  its  opinion  interfere  with 
the  future  proper  development  of  the  transportation  system 
within  the  metropolitan  district;  and  whether  a  change  of 
route  at  the  present  time  would  result  in  such  delay  in  the 
completion  of  said  tunnel  and  subway  as  would  be  incon- 
sistent with  the  i)ublic  welfare.  The  expenses  incurred  in 
making  the  foregoing  investigation,  including  surveys  and 
plans,  shall  be  deemed  a  part  of  the  cost  of  the  tiumel  antl 
subway,  the  construction  of  which  was  j)rovided  for  by 
said  chapter  five  hundred  anil  seventy-three  of  the  acts  of 
the  year  nineteen  hundred  and  seven. 

Approved  April  G,  1011. 


Chan.  44  Resolve   in   favor  of  the   soldiers'   home   in  Massa- 
chusetts. 


Soldiers' 
Uoiue. 


Resolved,  That  there  be  allowed  and  paid  out  of  the  treas- 
iny  of  the  connnonwealth  to  the  Trustees  of  the  Soldiers' 
Home  in  Massachusetts  the  sum  of  ninety-six  thousand 
dollars,  said  amount  to  be  paid  in  equal  quarterly  instal- 
ments, beginning  on  the  first  day  of  February,  nineteen 
hundred  and  eleven,  but  all  amounts  so  paid  shall  be  sub- 
ject to  the  approval  of  the  governor  and  council. 

Approved  April  10,  1011. 


Resolves,  1911.  — Chaps.  45,  4G,  17.  1055 


Resolve  to  provide  for  an  invicstigation  of  the  matter  (j],n^.    45 

OF  PROVIDING  OFFICES  FOR  STATE  OFFICERS,   BOARDS  AND  ^  * 

COMMISSIONS. 

Resolved,  That  the  governor  shall  appoint,  with  the  advice  offices  for 

J  j.j!xi  •!  ••  Pii  state  officers, 

ana  consent  01  the  council,  a  commission  01  three  persons,  etc. 
one  of  whom  shall  be  designated  by  the  governor  as  chair- 
man, who  shall  serve  without  pay,  to  investigate  the  matter  ' 
of  providing  in  the  state  house,  or  elsewhere,  suitable  offices 
for  state  officers,  boards  and  commissions.  The  said  com- 
mission shall  consider  what  additional  room,  if  any,  can  be 
obtained  by  the  rearrangement  of  offices  in  the  state  house, 
and  shall  also  consider  if  any  addition  to  the  state  house 
should  be  made,  or  what  other  method  should  be  adopted 
for  providing  necessary  office  room  for  the  said  officers, 
boards  and  commissions.  The  said  commission  shall  have 
authority  to  employ  such  assistance  and  to  incur  such  other 
necessary  expenses  as  may  be  approved  by  the  governor 
and  council;  and  they  shall  report  to  the  general  court  not 
later  than  the  first  day  of  June  in  the  current  year.  The 
provisions  of  section  twenty-one  of  chapter  three  of  the 
Revised  Laws  shall  not  apply  to  any  appointments  made 
hereunder.  Approved  April  10,  1911. 

Resolve  to  provide  for  the  payment  of  expenditures  (JJidj)    45 

INCIDENT    to    maneuvers    OF    THE    MILITIA    IN    NINETEEN 
HUNDRED   AND   ELEVEN. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Maneuvers  of 
appropriation  for  the  compensation  and  transportation  of 
officers  and  men  of  the  volunteer  militia,  the  sum  of  fifteen 
thousand  dollars,  to  be  expended  under  the  direction  of  the 
adjutant  general,  for  any  and  all  expenditures  incident  to 
the  maneuvers  to  be  held  during  the  summer  of  the  year 
nineteen  hundred  and  eleven.     Approved  April  10,  1911. 

Resolve  to  provide  for  an  investigation  by  the  board  QJian.  47 

OF   EDUCATION   IN   REGARD    TO   A    RETIREMENT   ALLOWANCE 
FOR  CERTAIN  TEACHERS   IN  THE   PUBLIC   SCHOOLS. 

Resolved,  That  the  board  of  education  is  hereby  requested  Retirement 
to  investigate  the  advisability  of  providing  a   retirement  teachers  in 
allowance  for  teachers  who  have  taught  in  the  public  schools 
of  the  commonwealth  for  thirty-five  years,  and  the  amount 
and  times  of  payment  of  such  allowance.     The  board  is 


105G  Resolves,  1911.  — Chaps.  48,  49,  50. 

further  requested  to  report  the  result  of  its  investigation  to 
the  general  eourt,  with  such  recommendations  as  it  may 
deem  expedient,  either  in  its  annual  report  or  separately, 
not  later  than  the  fifteenth  day  of  January,  nineteen  hun- 
dred and  thirteen.  Ay  proved  April  10,  1911. 


Chap.  48  l^ESOLVE  TO  PROVIDE  FOR  AN  INVESTIGATION  AND  REPORT 
BY  THE  METROPOLITAN  PARK  COMMISSION  RELATIVE  TO 
MAKING  PARKER  HILL  IN  THE  CITY  OF  BOSTON  A  PART  OF 
THE  METROPOLITAN  PARK  SYSTEM. 

Parker  Hill.  Resolvecl,  That  the  metropolitan  park  commission  is  hereby 

directed  to  make  surveys  and  estimates  as  to  the  cost,  and 
to  consider  the  advisability,  of  acquiring  as  a  i)art  of  the 
metropolitan  park  system,  that  part  of  Parker  Hill  in  the 
city  of  Boston  between  Fisher  avenue,  Parker  street,  Parker 
Hill  avenue,  Calumet  street  and  Iroquois  street  to  a  point 
at  or  near  Wait  street,  and  thence  to  said  Fisher  avenue. 
The  commission  shall  report  to  the  next  general  court  not 
later  than  the  second  Saturday  in  January. 

( The  foregoing  was  laid  before  the  Governor  on  the  fourth  day 
of  April,  1911,  and  after  five  days  it  had  "the  force  of  a  laiv", 
as  prescribed  by  the  Constitution,  as  it  teas  not  returned  by  him 
with  his  objections  thereto  within  that  time.) 


Chap.  49  Resolve  to  provide  further  for  an  investigation  by 

THE  STATE  BOARD   OF  HEALTH  OF  INFANTILE  PAILVLYSIS. 

pararlb  liesolvcd.  That  there  be  allowed  and  paid  out  of  the  treasury 

of  the  commonwealth  the  sum  of  ten  thousand  dollars,  to 
be  expended  under  the  dii'ection  of  the  state  board  of  health 
in  its  investigation  of  the  disease  known  as  anterior  poliomye- 
litis or  infantile  paralysis.  Approved  April  14,  1911. 


Chap.  50  Resolve  to  provide  for  an  extension  of  the  work  of 

THE  STATE  BOARD  OF  HEALTH  IN  REGAliD  TO  THE  DLiGNO- 
SIS   OF   TYPHOID    FEVER. 

Typhoid  fever.  Resolml,  That  for  the  extension  of  the  work  of  the  state 
board  of  health  in  regard  to  the  diagnosis  of  tyi)hoid  fever 
the  annual  appropriation  for  the  general  expenses  of  the 
board  be  increased  by  the  sum  of  fifteen  hundred  dollars. 

Approved  April  I4,  1911. 


Resolves,  1911.  — Chaps.  51,  52,  53,  54.  1057 


Resolve  in  favor  of  belle  c.  davis.  Chap.  51 

Resohed,  That  a  leave  of  absence  with  pay,  from  the  first  BcUoC. 
day  of  January  to  the  thirtieth  day  of  June  in  the  year  nine- 
teen hundred  and  eleven,  be  granted  to  Belle  C.  Davis,  a 
clerk  in  the  boiler  inspection  department  of  the  district  police, 
on  account  of  sickness  and  in  consideration  of  the  length 
of  her  employment  in  the  service  of  the  commonwealth. 

Approved  April  I4,  1011. 

Resolve  relative  to  the  removal  of  the  elevated  (JJki,)    52 
railway  structure  between  the  north  station  and 
sullivan  square  in  the  city  of  boston. 

Resohed,  That   the   Boston  transit  commission  shall   in-  Removal  of 
elude  in  its  next  annual  report  an  approximate  estimate  of  vated 
the  cost  of  removing  the  elevated  railway  structure  between  ^^''^'='^'^^^- 
the  north  station  and  Sullivan  square  in  the  city  of  Boston 
and  of  the  substitution  therefor  of  a  subway. 

Approved  April  I4,  1911. 

Resolve  to  provide  for  the  payment  of  certain  bills  njirrjy    53 

INCURRED    BY   A    LIEUTENANT    OF   THE    NAVAL   BRIGADE.  ^  ' 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treasury  Payment  of 
of  the  commonwealth  the  sum  of  one  hundred  twentv-nine  ^^^^^^  ^'"^' 
dollars  and  seventy  cents,  to  be  expended  under  the  direc- 
tion of  the  adjutant  general  in  the  payment  of  bills  contracted 
by  one  L.  F.  Gates,  formerly  a  lieutenant  in  the  Massa- 
chusetts naval  brigade,  while  in  the  commonwealth  of  Vir- 
ginia in  the  course  of  his  duty  as  such  lieutenant. 

Approved  April  I4,  1911. 

Resolve  relative  to  procuring  a  water  supply  for  Chap.  54 

SALEM,   BEVERLY  AND   PEABODY  AND   TO   THE   USE   OF  THE 
waters  of  IPSWICH  RIVER. 

Resolved,  That  the  state  board  of  health  is  hereby  author-  ^^^^[^^j^^pp^^ 
ized  and  directed,  forthwith  to  investigate,  consider  and  Beverly. 'etc. 
report  upon  the  matter  of  a  water  supply  for  the  cities  of 
Salem  and  Beverly  and  for  the  town  of  Peabody,  to  be  taken 
from  the  Ipswich  river  or  any  of  its  tributaries,  or  from 
such  other  source  or  sources  as  the  said  board  may  find 
available  for  the  purpose.  The  board  shall  investigate  all 
questions  relating  to  the  quantity  of  water  to  be  obtained 
from  available  sources,  its  quality  and  the  best  methods  of 


1058 


Resolves,  1911.  —  Chap.  55. 


Water  supply 
of  .Salem, 
Beverly,  etc. 


Report. 


protecting  the  purity  of  the  water;  and  the  board  shall  also 
consider  the  needs  and  interests  of  all  other  communities 
and  persons  that  may  be  affected  by  the  taking  of  water  for 
the  purposes  aforesaid  from  the  Ipswich  river  or  any  of  its 
tributaries,  or  from  any  other  source  or  soiu'ces,  and  shall 
consider  what  other  communities  might  economically  be 
united  with  those  already  mentioned  for  water  supply  pur- 
poses. Upon  the  above  named  subjects  the  board  shall  give 
one  or  more  public  hearings  to  all  persons  interested.  The 
board  shall  first  consider  the  immediate  needs  of  the  cities 
of  Salem  and  Beverly  and  of  the  town  of  Peabody,  respec- 
tively, for  additional  water,  and  shall  make  a  preliminary 
report  thereon  to  this  general  court  on  or  before  May  fif- 
teenth, nineteen  hundred  and  eleven,  reporting  especially 
with  reference  to  the  necessity  and  expediency  of  legislation 
by  this  general  court  giving  said  cities  and  town,  or  any  of 
them,  the  right  at  once  to  take  a  portion  of  the  waters  of 
Ipswich  river  or  any  of  its  tributaries  or  waters  from  any 
other  sources  as  an  additional  water  supply.  The  board 
shall  have  power  to  employ  such  engineering  or  other  assist- 
ance, and  to  incur  such  expense  as  may  be  necessary  for 
carrying  out  the  provisions  of  this  resolve.  The  said  board 
shall  make  its  final  report  with  plans  to  the  next  general  court 
on  or  before  the  tenth  day  of  January,  in  the  year  nineteen 
hundred  and  twelve.  For  the  purpose  of  carrying  out  the 
provisions  of  this  resolve  the  sum  of  fifteen  hundred  dollars 
is  hereby  appropriated  to  be  paid  out  of  the  treasury  of  the 
commonwealth  from  the  ordinary  revenue  of  the  current 
year;  and  the  treasurer  and  receiver  general  is  hereby  author- 
ized to  receive  and  to  add  to  the  sum  so  appropriated  any 
money  which  may  be  contributed  by  any  city,  town,  corpora- 
tion or  individual  for  said  purpose.  Any  city  or  town  may 
ap])ropriate  money  and  may  pay  the  same  to  the  treasurer 
and  receiver  general  to  be  added  to  the  appropriation  as 
above  provided.  Approved  April  14,  1011. 


Chap.  55  Resolve  to  PROvros  for  an  investigation  of  voluntary 

ASSOCIATIONS  ORGANIZED  OR  DOING  BUSINESS  IN  THIS  COM- 
MONWEALTH UNDER  WRITTEN  INSTRUMENTS  OR  DECLARA- 
TIONS  OF   TRUST. 

liewlved,  That  the  tax  commissioner  is  hereby  authorized 
and  directed  to  make  an  investigation  of  voluntary  associa- 
tions organized  or  (k)ing  business  in  this  conunonwealth  under 


Invcstieation 
of  curtain 
voluntiiry  as- 
oociatiuus. 


Resolves,  1911.  —  CiiAr.  5(3.  1059 


a  written  instruinent  or  declaration  of  trust,  the  beneficial 
interest  under  which  is  divided  into  transferable  certificates 
of  participation  or  shares,  with  a  view  to  determining  the 
present  legal  status  of  such  voluntary  associations,  and 
whether  or  not  their  prohibition  or  further  control  and  regu- 
lation by  the  commonwealth  is  advisable  and  in  the  public 
interest.  The  attorney-general  is  hereby  directed  to  give 
the  tax  commissioner  such  assistance  as  the  latter  may 
desire  in  making  this  investigation,  and  said  commissioner 
may  if  he  deems  it  advisable  hold  public  hearings,  after  due 
notice,  and  shall  consult  with  the  board  of  railroad  commis- 
sioners and  the  board  of  gas  and  electric  light  commissioners 
with  especial  reference  to  the  effect  of  such  voluntary  asso- 
ciations npon  the  supervision  and  regulation  of  gas,  electric 
light  and  street  railway  companies  in  this  commonwealth. 
The  tax  commissioner  shall  report  the  result  of  his  investi-  Report, 
gation  to  the  general  court  on  or  before  the  second  Saturday 
of  January,  nineteen  hundred  and  twelve,  with  such  recom- 
mendations as  he  may  deem  advisable;  and  he  shall  submit, 
with  his  report,  drafts  of  any  bill  or  bills  necessary  to  carry 
into  effect  any  recommendation  which  he  may  make.  In 
conducting  the  above  investigation,  the  tax  commissioner 
may  employ  such  assistance  and  incur  such  reasonable 
expenses,  not  exceeding  twenty-five  hundred  dollars,  as  may 
be  approved  by  the  governor  and  council;  and  said  commis- 
sioner shall  have  power  to  require  the  attendance  and  testi- 
mony of  witnesses  and  the  production  of  all  books  and 
documents  relating  to  any  matter  within  the  scope  of  the 
said  investigation.  Witnesses  shall  be  summoned  in  the 
same  manner  and  be  paid  the  same  fees  as  are  witnesses  in 
the  municipal  court  of  the  city  of  Boston. 

Ay  proved  April  15,  1911. 

Resolve  to  confirm  the  acts  of  Arthur  m.  beale  as  a  r/^^^)    56 

JUSTICE   of  the   peace.  ^  ' 

Resolved,  That  the  acts  of  Arthur  M.  Beale  as  a  justice  Acts  of 
of  the  peace,  between  the  twenty-fifth  day  of  November  in  Beai^jS^Uce 
the  year  nineteen  hundred  and  ten  and  the  fifteenth  day  of  ^ng,^^*'®' 
March  in  the  year  nineteen  hundred  and  eleven,  are  hereby 
confirmed  and  made  valid,  to  the  same  extent  as  if  during 
that  time  he  had  been  qualified  to  discharge  the  duties  of 
the  said  office.  Approved  April  IS,  1911. 


1060  Resolves,  1911.  —  Chaps.  57,  58. 


Chap.  57  Resolve  to  PROvroE  for  printing  the  report  of  the 

BOARD  OF  RAILROAD  COMMISSIONERS,  THE  TAX  COMMIS- 
SIONER AND  THE  HANK  COMMISSIONER  ON  THE  ASSETS  AND 
LIABILITIES  OF  THE  NEW  YORK,  NEW  HAVEN  AND  HARTFOIiD 
RAILROAD   COMPANY. 

PrintinKthe  Resolved,  That  there  be  printed  forthwitli  two  thousand 

validation  ,  '  ,  ' 

report,  so-  copics,  to  be  boiHid  in  cloth,  of  the  com])lete  report,  with 
the  accompanying  exhibits,  of  the  board  of  railroad  commis- 
sioners, the  tax  commissioner  and  the  bank  commissioner, 
known  as  the  validation  commission,  created  by  chapter  six 
hundred  and  fifty-two  of  the  acts  of  the  year  nineteen  hun- 
dred and  ten.  From  the  copies  so  printed,  each  elective 
state  officer,  each  member  of  the  general  court  for  the  year 
nineteen  hundred  and  eleven,  and  each  member  of  said  vali- 
dation commission,  shall  receive  one  copy  on  request.  The 
remaining  copies  shall  be  sold  by  the  secretary  of  the  com- 
monwealth at  a  price  not  less  than  the  cost  thereof.  All 
amounts  received  from  such  sales  shall  be  paid  into  the  treas- 
ury of  the  commonwealth. 

( The  foregoing  was  laid  before  the  Governor  on  the  eleventh 
day  of  April,  1911,  and  after  Jive  days  it  had  "the  force  of  a 
law",  as  yrescrihed  by  the  Constitntion,  as  it  was  not  returned 
by  him  with  his  objections  thereto  within  that  time.) 

Chap,  58  Resolve  to  provide  for  printing  the  report  of  the 

DIRECTOR  OF  THE  BUREAU  OF  STATISTICS  RELATIVE  TO 
certain   OUTSTANDING  debts   OF  CITIES   AND   TOWNS. 

rejort'on  Resolved,  That  there  be  printed,  suitably'  bound  in  paper 

debts  of  covers,  five  thousand  copies  of  the  report  of  the  director  of 

cities  and  ,         ,  „..'■,.  ^  i  p 

towns.  the  bureau  oi  statistics,  made  in  response  to  an  order  of 

the  senate  for  information  regarding  the  outstanding  in- 
debtedness of  cities  and  towns  against  which  no  sinking 
funds  are  being  accumulated,  or  for  the  extinguishment  of 
which  no  annual  payments  of  principal  are  being  made;  and 
that  the  said  director  be  directed  to  send  copies  of  the  same 
to  the  selectmen  and  to  the  financial  officers  of  every  city 
and  town  in  the  commonwealth,  and  to  distribute  the  re- 
mainder in  such  manner  as  he  may  deem  for  the  i)ublic 
interest. 

{The  foregoing  was  laid  before  the  Governor  on  the  eleventh 
day  of  April,  1!)11,  and  after  five  day.f  it  had  "the  force  of  a 
law",  as  prescribed  by  the  Constitntion,  as  it  was  not  returned 
by  him  with  his  objections  thereto  within  that  time.) 


Resolves,  1911.  — Chaps.  59,  GO,  Gl.  1061 


TIeSOLVE   relative  to   the   boundary   line   between  the  (JJf(ip,    59 
TOWNS    OF   HINSDALE   AND    PERU. 

Resolved,  That  the  harbor  and  land  commissioners  are  Boundary 
hereby  requested  to  estabhsh  the  boundary  line  between  the 
towns  of  Hinsdale  and  Peru  and  to  report  the  result  of  their 
proceedings  to  the  general  court  on  or  before  the  fifteenth 
dav  of  January,  nineteen  hundred  and  twelve,  and  to  accom- 
pany  their  report  with  the  draft  of  a  bill  establishing  said 
boundary  line.  Approved  April  20,  1911. 


Resolve  providing  for  an  investigation  by  the  board  (JJi^p^  (JO 
OF  education  relative  to  improving  high  school  edu- 
cation and  furnishing  higher  education  supplemen- 
tary thereto. 

Resolved,  That  the  board  of  education  is  hereby  authorized  {.^HJi 
and  directed  to  investigate  the  matter  of  improving  and  education. 
making  more  uniform  the  education  now  furnished  by  the 
various  high  schools  in  the  commonwealth,  and  also  of  pro- 
viding higher  and  supplementary  education  as  a  sequel  to 
the  public  school  education  now  provided.  Said  board  is 
directed  to  consider  and  report  upon  house  bill  number  five 
hundred  and  ninety  now  pending,  and  the  petition  which 
accompanies  it.  The  board  shall  report  to  the  general  court  Report, 
not  later  than  January  fifteenth  in  the  year  nineteen  hundred 
and  twelve  with  such  recommendations  for  legislation,  if 
any,  as  it  may  deem  expedient.  The  board  is  authorized 
to  give  such  public  hearings  upon  the  said  subject  as  it  may 
deem  necessary,  and  in  carrying  out  the  provisions  of  this 
resolve  may  expend  such  sums  as  shall  be  approved  by  the 
governor  and  council.  Approved  April  20,  1911. 


Resolve  to  provide  for  reimbursing  the  city  of  new-  (jji^fp^  Q\ 

TON     FOR     maintaining     THE     INDEPENDENT     INDUSTRIAL 
SCHOOL   IN   THAT   CITY. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treas-  city  of 
ury  of  the  commonwealth  to  the  city  of  Newton,  the  sum  of 
twenty-five  hundred  dollars  for  money  expended  and  liabil- 
ity incurred  in  the  maintenance  of  the  independent  indus- 
trial school  in  that  city.  Approved  April  20,  1911. 


1062 


Resolves,  1911.  —  Chaps.  62,  63,  64. 


Maintenance 
of  textile 
schoola,  etc. 


Chap.  62  Resolve  to  provide  for  an  investigation  and  a  report 

BY  THE   BOARD    OF   EDUCATION   CONCERNING    THE   MAINTE- 
NANCE OF  TEXTILE  SCHOOLS  AND  THE  TUITION  FEES  THEREIN. 

Resolved,  That  the  board  of  education  is  hereby  requested 
to  make  an  investigation  as  to  the  aid  which  should  be  given 
by  the  commonwealth  or  by  municipalities  and  individuals 
in  the  maintenance  of  textile  schools,  as  to  the  fees  for  tui- 
tion in  textile  schools,  and  as  to  whether  or  not  tuition 
should  be  free  to  students  who  reside  in  the  city  in  which 
the  textile  school  is  located,  or  in  the  commonwealth.  The 
board  shall  report  the  result  of  its  investigation,  together 
with  any  recommendations  for  legislation  which  it  may  deem 
advisable,  to  the  general  court  not  later  than  January  fif- 
teenth, nineteen  hundred  and  twelve. 

Approved  April  20,  1911. 


Report. 


Chap.  63  Resolve  directing  the  board  of  education  to  report 
A  plan  for  more  definite  supervision  of  educational 


Plan  of 
supervision 
of  certain 
educational 
iuBtitutiona. 


institutions  receiving  aid  from  the  commonwealth. 

Resolved,  That  the  board  of  education  is  hereby  directed 
to  report  to  the  general  court  in  nineteen  hundred  and  twelve 
as  to  the  advisability  of  more  definite  supervision  by  the 
commonwealth  of  educational  institutions  which  receive  con- 
tributions annually  or  otherwise  from  the  treasury  of  the 
commonwealth,  and  to  submit  with  its  report  a  plan  for 
such  supervision  by  the  board  of  education. 

Approved  April  20,  1911. 


Chap.  64  Resolve  directing  the  board  of  education  to  investi- 
gate the  matter  of  part-time  schooling  for  working 


Part-time 
scbooUng  for 
working 
children. 


Report. 


CHILDREN. 

Resolved,  That  the  board  of  education  is  herebv  authorized 
and  directed  to  investigate  the  need  and  practicability  of 
part-time  schooling,  vocational  and  otherwise,  for  working 
children,  and  also  the  establishment  of  an  ajiprentice  sys- 
tem, especially  for  children  l)etwoen  the  ages  of  fourteen  and 
seventeen  years.  The  board  shall  investigate  and  report  as 
to  the  means  now  existing  which  might  be  used  to  furnish 
vocational  training,  and  is  authorized  to  employ  such  agents 
as  may  be  necessary  to  collect  piM'tiimit  iiit'ormation  from 
employers  and  others.     I'he  board  shall  report  the  result 


Resolves,  1911.  — Chaps.  65,  66.  1063 

of  its  investigations  witli  its  recommendations,  in  print,  to 
the  general  court  not  later  than  the  second  Wednesday  in 
January,  nineteen  hundred  and  thirteen.  For  the  purposes 
of  this  resolve,  there  shall  be  allowed  and  paid  out  of  the 
treasiu-y  of  the  commonwealth  a  sum  not  exceeding  six 
thousand  five  hundred  dollars.    Approved  April  20,  1911. 

Resolve  to  provide  for  the  payment  of  damages  and  n]in^^    (35 

OTHER  expenses   INCURRED  IN  THE  TAKING   OF  LAND   FOR  ^  * 

THE  BOSTON  STATE  HOSPITAL. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treasury  Boston  state 
of  the  commonwealth  a  sum  not  exceeding  two  hundred  and  ''°^p"*'- 
fifty  thousand  dollars,  to  be  expended  under  the  direction 
of  the  state  board  of  insanity  in  payment  for  land  taken  by 
right  of  eminent  domain  for  the  use  of  the  Boston  state 
hospital,  under  authority  of  chapter  five  hundred  and  thirty- 
five  of  the  acts  of  the  year  nineteen  hundred  and  nine,  and 
for  other  expenses  necessarily  incurred  in  carrying  out  the 
provisions  of  the  said  chapter.     Approved  April  24,  1911. 

Resolve  to  extend  the  powers  of  the  commission  ap-  (^/,^^yj    (35 

POINTED   to   consider  THE   LIABILITY   OF  EMPLOYERS   FOR  ^  ' 

INJURIES  RECEIVED  BY  EMPLOYEES  IN  THE  COURSE  OF  THEIR 
EMPLOYMENT. 

Resolved,  That  the  commission  which  was  appointed  under  Commission 
chapter  one  hundred  and  twenty  of  the  resolves  of  the  year  orimpioyers. 
nineteen  hundred  and  ten  to  determine  upon  a  plan  of  com-  f^^eX^" 
pensating  employees  for  injuries  sustained  in  the  course  of 
their  employment  is  hereby  continued,  and  is  instructed  to 
report  a  draft  of  an  act  on  or  before  May  twentieth,  nine- 
teen hundred  and  eleven.  For  the  purpose  of  continuing  its 
investigation  and  of  collecting  and  compiling  statistical  data 
of  accidents  and  other  pertinent  information,  the  said  com- 
mission is  continued  until  July  first,  nineteen  hundred  and 
eleven.  Every  employer  shall  hereafter,  until  July  first, 
nineteen  hundred  and  eleven,  keep  a  correct  record  of  all 
injuries,  fatal  or  otherwise,  received  by  his  employees  in  the 
course  of  their  employment.  Within  forty-eight  hours,  not 
counting  Sundays  and  legal  holidays,  after  the  occurrence 
of  an  accident  to  an  employee  resulting  in  personal  injury 
a  report  thereof  shall  be  made  in  writing  by  the  employer 
to  the  •  commission  on  blanks  furnished  for  the  purpose. 
Upon  the  termination  of  the  disability  of  the  injured  employee 


1  ex- 


10G4:  Resolves,  1911.  — Chaps.  67,  68. 

or,  if  such  disability  extends  beyond  a  period  of  sixty  daySj 
at  the  expiration  of  such  period,  the  employer  shall  make 
a  supplemental  report  on  blanks  furnished  by  the  commis- 
sion for  that  purpose. 
Reports.  'pj^g  gj^j^^  rcports  shall  state  the  name  and  nature  of  the 

business  of  the  employer,  the  location  of  his  establishment, 
the  name,  age,  sex  and  occupation  of  the  injured  employee, 
the  date  and  hour  of  the  accident,  the  nature  and  cause 
of  the  injury,  and  such  other  information  as  may  be  re- 
quired by  the  commission.  The  total  additional  expense  to 
be  incurred  under  this  resolve  shall  not  exceed  the  sum  of 
two  thousand  dollars.  Approved  April  24y  1011. 


Chap.  67  Resolve  in  favor  of  the  city  of  Northampton  for  the 

SUPPORT    OF    smith's    AGRICULTURAL    SCHOOL   AND    NORTH- 
AMPTON SCHOOL  OF  INDUSTRIES. 

Nonimmpton.  Besoked,  That  the  sum  of  nine  thousand  seven  hundred 
and  forty-three  dollars  may  be  allowed  and  paid  out  of  the 
treasury  of  the  commonwealth  from  the  ordinary  revenue  to 
the  city  of  Northampton  for  the  maintenance  and  support 
of  Smith's  Agricultural  School  and  Northampton  School  of 
Industries,  in  accordance  with  the  provisions  of  chapter  five 
hundred  and  five  of  the  acts  of  the  year  nineteen  hundred 
and  six.  Approved  May  4,  1911. 


Chap.  68  Resolve  to  provide  for  the  establishment  of  a  fish 

HATCHERY. 

Fish  hatchery.  Resolved,  That  there  be  allowed  and  paid  out  of  the  treasury 
of  the  commonwealth  a  sum  not  exceeding  eight  thousand 
dollars  a  year  for  five  consecutive  years,  to  be  expended  by 
the  commissioners  on  fisheries  and  game,  subject  to  the  ap- 
proval of  the  governor  and  council,  for  the  purpose  of  pur- 
chasing, leasing  or  establishing  and  maintaining  a  fish 
hatchery,  for  purchasing  land  and  buildings,  erecting  and 
equipping  buildings,  and  constructing  ponds;  for  the  pur- 
chase of  fish,  and  for  other  necessary  expenses  in  connection 
with  the  propagation  and  investigation  of  food  and  game  fish. 
{The  foregoing  ivas  laid  before  the  Governor  on  the  twenty- 
seventh  day  of  April,  WN ,  and  after  five  days  it  had  "the  force 
of  a  law",  as  prrscrihrd  by  the  Co)isfitntion,  as  it  was  not 
returned  by  him  with  his  objections  thereto  within  that  tinu\) 


Resolves,  1911.  — Chaps.  69,  70,  71.  1065 


Resolve  in  favor  of  miciiael  murphy  and  others.      Cliav    69 
Resolved,  That  there  be  allowed  and  paid  out  of  the  Metro-  Michael 
politan  Parks  Maintenance  Fund  the  sum  of  five  thousand  ottleri!^ '*'"^ 
dollars,  according  to  the  right  of  representation,  to  Michael 
Murphy,  Mary  Callahan,  M.  Joseph  Murphy,  Francis  Mur- 
phy, Frederick  Murphy,  Margaret  Murphy,  Katherine  A. 
Murphy,  Genevieve  Murphy  and  Martin  Murphy,  all  of 
Lynn,  to  the  children  of  James  Murphy,  late  of  Lynn,  de- 
ceased, and  to  Andrew  Murphy  of  Chelsea,  in  full  compensa- 
tion for  land  belonging  to  them  and  taken  by  the  metropolitan 
park  commission  for  the  purpose  of  a  public  park  or  reserva- 
tion. Approved  May  8,  1911. 

Resolve  directing  the  board  of  education  to  investi-  (7/;^^,^    70 
gate  the  methods  of  supporting  the  public  schools  * 

of  the  commonwealth. 

Resolved,  That  the  board  of  education  be  directed  to  in-  Methods  of 
vestigate  the  methods  now  prescribed  by  law  for  the  distribu-  pubu^'^ac'hooia. 
tion  between  local  communities  and  the  commonwealth  of 
the  cost  of  public  education  in  the  commonwealth;  and  to 
report  thereon  to  the  general  court  not  later  than  January  Report. 
five,  nineteen  hundred  and  thirteen,  with  recommendations 
as  to  such  changes  and  modifications  in  the  said  methods 
as,  in  its  opinion,  are  demanded  in  the  interest  of  economy 
and  sound  educational  policy.  Approved  May  9,  1911. 

Resolve  to  provide  for  the  appointment  of  a  commis-  (J]iap.  71 

SION  TO  INVESTIGATE  THE  WAGES  OF  WOMEN  AND  MINORS 
AND  TO  REPORT  ON  THE  ADVISABILITY  OF  ESTABLISHING 
MINIMUM  WAGE  BOARDS. 

Resolved,  That  the  governor,  with  the  advice  and  consent  Commission 
of  the  council,  shall,  within  thirty  days  after  the  passage  of  womeran°d 
this  resolve,  appoint  a  commission  of  five  persons,  citizens  ""°°"'  ^'*'- 
of  the  commonwealth,  of  whom  at  least  one  shall  be  a  woman, 
one  shall  be  a  representative  of  labor  and  one  shall  be  a 
representative  of  employers,  to  study  the  matter  of  wages 
of  women  and  minors,  and  to  report  on  the  advisability  of 
establishing  a  board  or  boards  to  which  shall  be  referred 
inquiries  as  to  the  need  and  feasibility  of  fixing  minimum 
rates  of  wages  for  women  or  minors  in  any  industry.     The 
said  commission  may  employ  experts  and  all  necessary  cleri- 
cal and  other  assistance  and  mav  incur  such  reasonable  ex- 


1066 


liESOLArES,  1911.  —  Chap.  72. 


Report. 


penses,  including  travelling  expenses,  as  may  be  authorized 
by  the  governor  and  council.  Before  incurring  any  expenses 
the  commission  shall,  from  time  to  time,  estimate  its  probable 
amount,  and  submit  the  estimate  to  the  governor  and  council 
for  their  approval,  and  no  expense  shall  be  incurred  by  the 
commission  beyond  the  amount  so  estimated  and  approved. 
The  commissioners  shall  serve  without  pay,  and  shall  report 
to  the  general  court  on  or  before  the  second  Wednesday  in 
January,  nineteen  hundred  and  twelve,  with  such  drafts  of 
bills,  if  any,  as  may  be  necessar}'^  to  carry  its  recommendation 
into  effect.  To  carry  out  the  purposes  of  this  resolve  there 
may  be  expended  from  the  treasury  of  the  commonwealth  a 
sum  not  exceeding  two  thousand  dollars. 

Approved  May  11,  1911. 


Chap.  72  Resolve  to  provide  for  the  representation  of  the  com- 
monwealth AT  THE  DEDICATION  OF  MILITARY  MONUMENTS 
AT  VALLEY  FORGE,  PENNSYLVANIA,  AND  AT  PETERSBURG, 
VIRGINIA. 


Dedication 
of  certain 
military 
mouuinenta. 


Representa- 
tioQ. 


Resolved,  That  there  be  allowed  and  paid  out  of  the  treas- 
urv  of  the  commonwealth  a  sum  not  exceeding  three  thou- 
sand  five  hundred  dollars,  to  be  expended  by  the  sergeant- 
at-arms  under  the  direction  of  the  governor  and  council,  to 
enable  the  commonwealth  to  be  represented,  after  the  proro- 
gation of  the  present  session  of  the  general  court,  at  the  dedi- 
cation of  a  military  monument  at  Valley  Forge,  Pennsylvania, 
and  a  military  monument  at  Petersburg,  Virginia,  constructed 
under  the  provisions  of  chapter  one  hundred  and  three  and 
chapter  seventy-two,  respectively,  of  the  resolves  of  tlie  year 
nineteen  hundred  and  ten.  The  dedication  of  the  two  monu- 
ments shall  occur  during  the  same  official  tour  of  the  repre- 
sentatives of  the  commonwealth,  who  are  hereby  designated 
to  be  as  follows:  —  His  excellency  the  governor,  or  his  honor 
the  lieutenant  governor,  two  members  of  the  governor's  staff, 
two  members  of  the  executive  council,  the  president  of  the 
senate,  the  speaker  of  the  house  of  representatives,  the  clerk 
of  the  senate,  the  clerk  of  the  house  of  representatives,  the 
joint  committee  on  military  afl'Mirs,  the  sergennt-nt-nrms,  the 
doorkeeper  of  the  senate,  the  doorkeeper  of  the  house  of 
representatives,  the  three  members  of  the  Valley  Forge  com- 
mission aj)pointed  under  authority  of  said  chapter  one 
hundred  and  three,  the  three  members  of  the  J\'tersburg 
commission  ajipoiiited  under  authority  of  said  chapter 
seventv-two;  and  the  connnandcr-iii-chicf  of  the  Grand  Army 


Resolves,  1911.  — Chaps.  73,  74,  75.  1067 

of  the  Republic,  or  his  representative.  Any  vacancy  occur- 
ring in  the  legislative  representation  may  be  filled  by  the 
presiding  officer  of  the  branch  in  the  representation  of  which 
the  vacancy  occurs,  preference  to  be  given  to  veterans  of  the 
civil  war.  If,  for  any  reason,  a  vacancy  should  occur  in  the 
membership  of  either  commission,  such  vacancy  may  be 
filled  by  his  excellency  the  governor. 

Approved  May  11,  1911. 

Resolve  to  authorize  the  sale  of  the  state  armory  (JJiaij    73 

IN  the  city   of  LAWRENCE. 

Resolved,  That  the  armory  commissioners  are  hereby  au-  saieofthe 
thorized,  with  the  approval  of  the  governor  and  council,  to  fn'^LawrencI 
sell  the  premises  now  used  as  a  state  armory  in  the  city  of 
I^awrence,  and  to  execute  in  the  name  of  the  commonwealth 
the  necessary  conveyance  therefor.  The  proceeds  shall  be 
paid  into  the  treasury  of  the  commonwealth,  and  shall  be 
credited  to  the  Armory  Loan  Fund. 

Approved  May  13,  1911. 

Resolve  to  authorize  the  board  of  railroad  commis-  (Jhap.  74 

SIONERS  TO  INVESTIGATE  THE  MATTER  OF  EQUIPPING  STREET 
RAILWAY  CARS  WITH  FENDERS  AND  WHEEL  GUARDS. 

Resolved,   That   the   board   of  railroad   commissioners   is  Fenders  and 
hereby  directed  to  investigate  the  matter  of  the  compulsory  on'streir"^  ^ 
equipping  of  the  cars  of  street  railway  companies  with  fenders  '"'^'''^'^y  "''"• 
and  wheel  guards;  to  investigate  the  operation  of  such  fend- 
ers and  wheel  guards  in  this  commonwealth  and  elsewhere; 
to  examine  the  com.parative  merits  of  different  fenders  and 
wheel  guards;  and  to  report  to  the  general  court,  not  later 
than  January  fifteenth,  nineteen  hundred  and  twelve,  the 
result  of  its  investigation  of  the  matters  aforesaid  and  of 
any  other  matters  relating  to  fenders  and  wheel  guards  for 
street  railway  cars,  or  to  other  means  which  the  board  may 
consider  efficient  and  practicable  for  the  prevention  of  acci- 
dents in  the  operation  of  the  said  cars.     The  board  may 
expend  for  the  purposes  of  this  resolve  a  sum  not  exceeding 
fifteen  hundred  dollars.  Approved  May  13,  1911. 

Resolves  providing  for  submitting  to  the  people  an  Qfidvy    75 

ARTICLE  of  amendment  TO  THE  CONSTITUTION  AUTHORIZ- 
ING THE  USE  OF  VOTING  MACHINES  AT  ALL  ELECTIONS. 

Resolved,  That  the  following  article  of  amendment  to  the  Amendment 
constitution,  having  been  agreed  to  by  the  general  court  of  stitution  sub- 


1068 


Resolves,  1911.  —  Chap.  75. 


mitted  to  the 
people. 


the  year  nineteen  hundred  and  nine  and  the  general  court 
of  the  year  nineteen  hundred  and  ten,  and  pubhshed  in  the 
manner  required  by  the  constitution,  be  submitted  to  the 
people  for  their  ratification  and  adoption:  — 


Article  of 
amendment. 


Proviso. 


Vote  upon 
article,  etc. 


Question  upon 
liullot. 


Kxamination 
of  returns  of 
vole.s,  etc. 


ARTICLE    OF   AMENDMENT    TO    THE   CONSTITUTION   AUTHORIZ- 
ING  THE   USE   OF   VOTING   MACHINES  AT  ALL  ELECTIONS. 

Voting  machines  or  other  mechanical  devices  for  voting 
may  be  used  at  all  elections  under  such  regulations  as  may 
be  prescribed  by  law:  provided,  however,  that  the  right  of 
secret  voting  shall  be  preserved. 

Resolved,  That  the  people  shall  be  assembled  for  the  pur- 
pose aforesaid,  in  their  respective  polling  places  in  the  several 
cities  and  towns,  in  meetings  to  be  legally  warned,  and  held 
on  Tuesday,  the  seventh  day  of  November  next,  at  which 
meetings  all  persons  qualified  to  vote  for  state  officers  may 
give  in  their  votes  by  ballot  for  or  against  said  article  of 
amendment;  and  the  same  officers  shall  preside  in  said  meet- 
ings as  in  meetings  for  the  choice  of  state  officers  and  shall  in 
open  meetings  receive,  sort,  count  and  declare  the  votes  for 
and  again.st  the  said  article  of  amendment;  and  the  said 
votes  shall  be  recorded  by  the  clerks  of  said  cities  and  towns, 
and  true  returns  thereof  shall  be  made  out  under  the  hands 
of  the  mayor  and  aldermen,  and  of  the  selectmen,  or  a  major 
part  of  them,  and  of  the  clerks  of  the  said  cities  and  towns, 
respectively,  and  sealed  up,  and,  within  ten  days  after  the 
said  meetings,  transmitted  to  the  secretary  of  the  common- 
wealth. So  far  as  the  same  can  be  made  applicable,  the  pro- 
visions of  law  applicable  to  the  election  of  state  officers  shall 
apply  to  the  taking  of  the  vote  on  snid  article  of  amendment. 

Resohed,  That  every  person  qualified  to  vote  as  aforesaid 
may  express  his  opinion  on  said  article  of  amendment,  and 
the  following  words  shall  be  printed  on  the  ballot,  to  wit:  — 

Shall  the  proposed  amendment  to  the  consti- 
tution autliorizing  the  use  of  voting  machines 
at  all  elections  be  approved  and  ratified? 

And  if  said  article  shall  appear  to  be  approved  by  a  ma- 
jority of  the  persons  voting  thereon,  it  shall  be  deemed  and 
taken  to  be  ratified  and  adopted  by  the  people. 

Rrsoltrd,  That  his  excellency  the  governor  and  the  council 
shall  forthwith  open  and  examine  the  votes  returned  as  afore- 
said; and  if  it  shall  ai)i)oar  that  said  article  of  amendment 
has   been   api)n)\'e(l   by  a  majority   of  the  persons  voting 


YES. 

NO. 

Resolves,  1911.  —  Chaps.  76,  77.  1069 

tliereon,  accortling  to  tlie  votes  returned  and  certified  as 
aforesaid,  the  same  sliall  be  enrolled  on  parchment  and 
deposited  in  the  secretary's  office  as  a  part  of  the  constitu- 
tion of  the  commonwealth,  and  shall  be  pul)lished  in  im- 
mediate connection  therewith,  numbered  according  to  its 
numerical  position,  with  the  articles  of  amendment  of  the 
constitution  heretofore  adopted,  in  all  future  editions  of  the 
laws  of  the  commonwealth  printed  by  public  authority. 

Resolmd,  That  his  excellency  the  governor  be,  and  he  hereby  Governor  to 
is,  authorized  and  requested  to  issue  his  proclamation  forth-  mTuon™''''^" 
with  after  the  examination  of  the  votes  returned  as  aforesaid, 
reciting  said  article  of  amendment  and  announcing  that  said 
article  has  duly  been  adopted  and  ratified  by  the  people  of 
the  commonwealth,  and  thus  becomes  a  part  of  the  consti- 
tution thereof,  and  requiring  all  magistrates  and  officers  and 
all  citizens  of  the  commonwealth  to  take  notice  thereof  and 
govern  themselves  accordingly,  or  that  said  article  of  amend- 
ment has  been  rejected,  as  the  case  may  be. 

Approved  May  15,  1911. 

Resolve  to  provide  for  an  investigation  of  the  rifle  (Jjiajj    7(3 

RANGES   used    BY  THE   MILITIA. 

Resolred,  That  the  armory  commissioners  are  hereby  au-  Riee  ranges 
thorized  to  investigate  the  rifle  ranges  in  the  commonwealth  RelxTr  "*  '*'^" 
for  the  use  of  the  militia,  and  to  report  the  number  thereof 
in  the  various  cities  and  towns,  their  probable  cost,  an  account 
of  all  expenses  in  connection  with  rifle  practice,  and  whether, 
in  the  opinion  of  the  commissioners,  the  expense  of  main- 
taining the  said  ranges  should  be  assumed  by  the  common- 
wealth. They  shall  serve  without  compensation,  but  may 
expend  a  sum  not  exceeding  five  hundred  dollars  for  such 
necessary  expenses  as  the  governor  and  Tcouncil  shall  approve. 
They  shall  report  their  findings,  with  siich  recommendations 
as  they  may  deem  proper,  to  the  next  general  court,  not  later 
than  the  first  day  of  February,  nineteen  hundred  and  twelve. 

Approved  May  18,  1911. 

Resolve  in  favor  of  fortunat  levesque.  Chap.  77 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treasury  Fortunat 
of  the  commonwealth  to  Fortunat  Levesque,  of  Fall  River,     ^®^'^"®- 
the  sum  of  three  hundred  dollars,  in  full  compensation  for 
injuries  received  by  him  from  a  shot  fired  by  a  member  of 


1070 


Resolves,  1911.  —  Chap.  78. 


Massachusetts 

Institute 

of  Technology. 


Proviso. 


Scholarships. 


the  state  militia  who  was  engaged  in  target  practice  at  the 
rifle  range  in  Fall  River  in  pursuance  of  his  duty  as  a  member 
of  the  militia  on  November  seventh,  in  the  year  nineteen 
hundred  and  ten.  Approved  May  18,  1911. 

Chap.  78  Resolve  in  favor  of  the  Massachusetts  institute  of 

TECHNOLOGY. 

Resolved,  That  there  shall  annually  be  paid  from  the  treas- 
ury of  the  commonwealth  to  the  Massachusetts  Institute  of 
Technology,  for  the  term  of  ten  years,  beginning  with  the 
first  day  of  January  in  the  year  nineteen  hundred  and  twelve, 
the  sum  of  one  hundred  thousand  dollars,  to  be  expended 
under  the  direction  of  the  corporation  of  said  institute  for 
the  general  purposes  of  the  institute:  provided,  however,  that 
the  payment  for  the  year  nineteen  hundred  and  seventeen 
and  for  the  four  following  years  shall  be  conditioned  upon  the 
presentation  of  satisfactory  evidence  to  the  governor  and 
council  that  the  said  Massachusetts  Institute  of  Technology 
has  received,  by  bequest  or  gift  from  other  sources,  the  sum 
of  one  million  dollars  in  addition  to  all  the  funds  held  by  it 
on  the  day  of  the  approval  of  this  resolve.  In  considera- 
tion of  the  said  payments  and  during  the  continuance  thereof, 
the  Massachusetts  Institute  of  Technology  shall  maintain 
eighty  free  scholarships  to  be  granted  by  the  board  of  edu- 
cation to  residents,  or  minor  children  of  residents  of  JNIassa- 
chusetts  who,  upon  examination  conducted  under  such  rules 
and  regulations  as  the  president  of  the  said  institute  may  pre- 
scribe, shall  be  found  to  possess  the  qualifications  fixed  for 
the  admission  of  students  to  the  institute.  Two  such  scholar- 
ships shall  be  available  annually  for  properly  qualified  can- 
didates from  each  senatorial  district,  but  if  there  be  less  than 
two  properly  qualified  candidates  in  any  senatorial  district, 
such  number  of  scholarships,  less  in  amount  than  two  from 
each  district,  may  then  be  distributed  by  the  board  of  edu- 
cation among  the  other  senatorial  districts.  Candidates  for 
these  scholarships  shall  make  application  to  the  board  of 
education  before  the  first  day  of  July  in  each  year,  and  shall 
forward  to  that  board  the  approval  in  writing  of  the  senator 
from  the  district  in  which  the  canditlate  resides.  In  award- 
ing the  scholarshii)s  preference  shall  be  given  to  properly 
qualified  caiulidates  who  are  otherwise  unable  to  bear  the 
expense  of  tuition. 

All  acts  and  resolves  and  parts  of  acts  and  resolves  here- 
tofore passed  authorizing  the  annual  appropriation  of  funds 


Rerxjal. 


Resolves,  1911.  — Chap.  70.  1071 

by  the  commonwealth  for  the  maintenance  of  free  or  state 
scholarships  in  the  Massachusetts  Institute  of  Technology, 
or  prescribing  the  conditions  under  which  such  scholarships 
shall  be  awarded,  are  hereby  repealed. 

The  Massachusetts  Institute  of  Technology  shall  transmit  Annual  report, 
each  year  copies  of  the  annual  report  of  its  president  to  the 
general  court. 

The  eighty  half  scholarships  now  in  force,  as  shown  by  the  ^^^^f"*^. . 
records  of  the  Massachusetts  Institute  of  Technology,  shall  to  continue  in 
continue  in  full  force  and  effect  until  the  end  of  the  course 
for  which  they  were  given,  after  which  ti,me  all  future  scholar- 
ships shall  be  filled  under  the  regulations  and  conditions 
herein  prescribed.  Approved  May  20,  1911. 

Resolve  to   provide   for  the  appointment  of  a  com-  (JJiap.  79 

MISSION    ON    the    inferior    COURTS    OF   THE    COUNTY    OF 
SUFFOLK. 

Resolved,  That  the  governor,  with  the  advice  and  con-  commission 
sent  of  the  coiuicil,  is  hereby  authorized  to  appoint  five  court8Tf°the 
persons,  citizens  of  the  commonwealth,  one  of  whom  he  shall  s\iffoVk.°^ 
designate  as  chairman,  who  shall  constitute  a  commission 
on  the  inferior  courts  of  the  countv  of  Suffolk.  Said  com- 
mission  shall  be  provided  with  a  place  for  its  meetings  in 
the  SuflFolk  county  court  house.  It  shall  investigate  the 
civil  and  criminal  business  of  said  courts,  including  the 
municipal,  police,  district  and  juvenile  covu'ts,  the  amount 
of  business  done  by  each  of  said  courts,  their  methods, 
the  result  of  their  work,  and  the  qualifications  and  employ- 
ment of  interpreters  in  judicial  proceedings  therein.  The 
commission  shall  also  consider  the  expediency  of  revising 
the  judicial  system  of  the  inferior  courts  in  said  county, 
with  a  view  to  obtaining  greater  uniformity,  dispatch, 
efficiency  and  economy  in  the  administration  of  justice, 
and  shall  recommend  such  legislation  as  in  its  opinion  will 
secure  these  ends.  The  members  of  the  commission  shall  Report, 
serve  without  compensation,  but  the  commission  may 
expend  in  carrying  out  the  provisions  of  this  resolve  a  sum 
not  exceeding  twenty-five  hundred  dollars,  to  be  paid  by 
the  county  of  Suffolk.  The  commission  shall  give  hearings 
to  all  persons  desiring  to  be  heard  on  the  subject,  and  shall 
make  a  report  of  its  doings,  with  such  recommendations 
as  it  may  deem  proper,  to  the  general  court,  not  later  than 
the  fifteenth  day  of  January,  nineteen  hundred  and  twelve. 

Approved  May  26,  1911. 


1072 


Resolves,  1911.  — Chaps.  80,  81,  82. 


Cliaj).  80  Resolve  to  confirm  the  acts  of  ciiarles  j.  elliott  as 

A   JUSTICE   OF  TPIE   PEACE. 


Acts  of 
(Charles  J. 
Elliott,  justice 
of  tho  peace, 
confirmed. 


Resolved,  That  the  acts  of  Charles  J.  ElHott  of  Boston 
as  a  justice  of  the  peace,  between  the  first  day  of  March 
and  the  twenty-fourth  day  of  April  in  the  year  nineteen 
hundred  and  eleven,  are  hereby  confirmed  and  made  valid, 
to  the  same  extent  as  if  during  that  time  he  had  been  quali- 
fied to  discharge  the  duties  of  the  said  office. 

Approved  May  26,  1911. 


Chap.  81  Resolve  to  confirm  the  acts  of  ewing  w.  hamlen  as 

A  justice  of  the  peace. 


Acta  of 
Ewing  W. 
Hamlen, 
justice  of  the 
peace,  con- 
firmed. 


Resolved,  That  the  acts  of  Ewing  W.  Hamlen  as  a  justice 
of  the  peace,  between  the  eleventh  day  of  November  in 
the  year  nineteen  hundred  and  ten  and  the  twenty-seventh 
day  of  April  in  the  year  nineteen  hundred  and  eleven,  are 
hereby  confirmed  and  made  valid,  to  the  same  extent  as  if 
during  that  time  he  had  been  qualified  to  discharge  the 
duties  of  the  said  office.  Approved  May  26,  1911. 


Care  of  tfie 
Krave  of 
Valentine 
Ueudgen,  in 
the  town  of 
Chester. 


Chap.  82  Resolve  to  provide  for  the  marking  and  perpetual 
care  of  the  grave  of  the  late  valentine  reudgen 

IN  pine  hill  cemetery  in  the  town  of  CHESTER. 

Resolved,  That  James  G.  Dunning,  administrator  of  the 
estate  of  the  late  Valentine  Reudgen,  is  hereby  authorized 
to  cause  to  be  erected  in  Pine  Hill  Cemetery  in  the  town  of 
Chester  a  suitable  monument  to  mark  the  grave  of  said 
Reudgen,  late  a  resident  of  that  town,  and  he  may  expend 
therefor  the  sum  of  seventy-five  dollars;  also  there  may  be 
paid  to  the  town  of  Chester  the  sum  of  one  hundred  dollars 
for  the  perpetual  care  of  said  grave.  These  sums  shall  be 
paid  out  of  the  treasury  of  the  connnonwealth  from  the 
Escheated  Estates  Fund:  provided,  however,  that  the  town 
of  Chester  shall  give  to  the  auditor  of  the  commonwealth  a 
certificate  that  the  said  monument  has  been  erected  and 
that  the  town  accepts  the  money  for  the  perpetual  care  of 
the  said  grave.  Approved  May  27,  1911, 


Kesolves,  11)11.  — CiiArs.  83,  81.  1073 


Resolve  relative  to  suburban  express  offices  at  the  QJidj)    33 

NORTH    AND    SOUTH    STATIONS    IN    THE    CITY    OF    BOSTON. 

Resolved,  That  the  board  of  railroad  commissioners  be  re-  Express 
quested  to  investigate  the  expediency  of  providing  accommo-  north  and  "^ 
dations  at  the  north  and  south  stations  in  the  cit}^  of  Boston  ^^"/h'e  chy°°^ 
for  the  use  of  the  various  express  companies  acting  as  com-  of  Boston. 
mon  carriers  in  the  city  of  Boston  and  neighboring  cities 
and  towns,  for  the  convenience  of  passengers  arriving  at 
said  stations,  and  to  report  its  findings  to  the  general  court 
on  or  before  the  second  Saturday  of  January,  nineteen  hun- 
dred and  twelve.  Approved  May  27,  1911. 


Resolve  to  provide  for  the  appointment  of  a  metro-  (JJiaj}.  81 

POLITAN    plan   commission. 

Resolved,  That  the  governor,  with  the  advice  and  consent  Metropolitan 
of  the  council,  shall  appoint  three  persons,  each  to  serve  mission. 
until  the  first  day  of  January,  nineteen  hundred  and  twelve, 
who  shall  constitute  a  commission  for  the  purpose  herein- 
after stated,  and  who  shall  be  known  as  the  Metropolitan 
Plan  Commission.  The  members  of  said  commission  shall 
receive  no  compensation  for  their  services.  It  shall  be  the 
duty  of  the  said  commission  to  make  such  investigations 
into  the  matter  of  a  metropolitan  plan  for  the  metropolitan 
district  as  defined  in  chapter  four  hundred  and  seven  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-three  and  acts 
in  amendment  thereof  and  in  addition  thereto,  as  will  enable 
the  commission  to  report  to  the  general  court  on  or  before 
January  first,  nineteen  hundred  and  twelve,  upon  the  feasi- 
bility of  such  a  plan,  together  with  such  recommendations 
as  it  may  see  fit  to  make  relative  to  the  manner  in  which 
such  a  plan  should  be  carried  out.  A  metropolitan  plan,  as 
the  term  is  used  in  this  resolve,  shall  mean  a  plan  for  co- 
ordinating civic  development.  The  commission  shall  have 
no  right  or  power  to  report  or  recommend  any  change  in  the 
form  of  government  in  any  of  the  cities  or  towns  in  the  said 
metropolitan  district  as  defined  in  said  chapter  four  hundred 
and  seven  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
three  and  amendments  thereof  and  additions  thereto. 

Approved  May  27,  1911.  ~ 


1074: 


Kesolves,  1911.  —  Chaps.  85,  86,  87. 


Chap.  85  Resolve  requesting  the  board  of  education  to  inves- 
tigate THE  EXPEDIENCY  OF  AUTHORIZING  THE  LOWELL 
TEXTILE   SCHOOL  TO    GRANT   CERTAIN   DEGREES. 


Granting  of 
degrees  by  the 
Lowell  textile 
school. 


Resolved,  That  the  board  of  education  is  hereby  authorized 
and  requested  to  investigate  the  expediency  of  empowering 
the  trustees  of  the  Lowell  textile  school  to  grant  the  degree 
of  Bachelor  of  Science  in  certain  cases,  and  to  report  thereon 
to  the  next  general  court  not  later  than  the  fifth  day  of 
January,  nineteen  hundred  and  twelve.  In  making  this  in- 
vestigation the  board  shall  take  into  consideration  house  bill 
1497,  now  pending,  and  the  petition  which  accompanied  it. 

Ay  proved  June  2,  1911. 


Chap.  86  Kesolve  to  provide  for  repairing  the  pavement  of 

THE  ARCHWAY   OF  THE   STATE   HOUSE. 


Pavement  of 

the  archway 
of  the  state 
house. 


llesolved,  That  there  may  be  allowed  and  paid  out  of  the 
treasury  of  the  commonwealth  a  sum  not  exceeding  three 
thousand  dollars,  to  be  expended  under  the  direction  of  the 
sergeant-at-arms,  in  repairing  the  pavement  of  the  archway 
of  the  state  house.  Apj^roved  June  6,  1011. 


Charp.  87  Resolve  to  provide  for  an  investigation  and  a  report 

AS  TO   LAKE   COCHITUATE. 


Liike 
Cochituate. 


Report. 


Resolved,  That  the  metropolitan  water  and  sewerage  board 
and  the  state  board  of  health  are  hereby  requested  to  make 
an  examination  of  the  water  of  Lake  Cochituate  and  of  its 
immediate  tributaries,  and  of  the  adequacy  of  the  protection 
of  the  purity  of  said  water,  in  order  to  determine  A\hether 
or  not  the  water  is  suitable  for  a  domestic  water  supply,  and 
as  to  the  advisability  of  providing  a  method  of  filtration  for 
the  water.  Said  boards,  acting  jointly,  shall  report  the  result 
of  their  investigation,  with  such  recommendations  for  legis- 
lation as  they  may  deem  advisable,  to  the  general  court  on 
or  before  the  fifteenth  day  of  January,  nineteen  hundred  and 
twelve;  and  they  shall  submit  as  a  part  of  their  report  an 
estimate  of  the  cost  of  a  method  of  filtration. 

Approved  June  6,  1911. 


Resolves,  1911.  — Chaps.  88,  89,  90.  1075 


Resolve  to  provide  for  an  investigation  and  a  report  Chap.  88 

BY  THE  BOARD  OF  RAILROAD  COMMISSIONERS  RELATIVE  TO 
A  HIGHWAY  BRIDGE  OVER  THE  TRACKS  OF  THE  BOSTON 
AND  ALBANY  RAILROAD  AT  MATTHEWS  STREET  IN  THE  CITY 
OF   CHELSEA. 

Resolved,   That   the   board   of   railroad   commissioners   is  Highway 
hereby  directed  to  investigate  the  necessity  and  advisabihty  Jrt5n°rlii- 
of  the  construction  by   the   Boston  and  Albany   Railroad  [rtheTrty^of 
Company  of  a  bridge  across  the  tracks  of  said  company  on  cheisea. 
Matthews  street  in  the  city  of  Chelsea,  together  with  any 
necessary  approaches  to  the  said  bridge.     The  board  is  fur- 
ther directed  to  report  the  result  of  its  investigation,  with 
such  recommendations  as  it  may  deem  proper,  to  the  general 
court  on  or  before  the  fifteenth  day  of  January  in  the  year 
nineteen  hundred  and  twelve.         Ayyroved  June  6,  1911. 

Resolve  relative  to  a  bronze  memorial  tablet  and  a  (Jhap.  89 

BUST   OF   ABRAHAM   LINCOLN. 

Resolved,   That  the  bi'onze  memorial    tablet  of  Lincoln's  Memorial 
Gettysburg  address,  together  with  a  bronze  head  of  Abra-  ifusfof" 
ham  Lincoln  from  the  life  mask  by  Volk,  proposed  to  be  tinc(!i^" 
presented  to  the  commonwealth  of  Massachusetts  by  the 
department  of  Massachusetts,  Woman's  Relief  Corps,  are 
hereby  accepted,  to  be  placed  in  the  state  house  in  some 
appropriate  location  to  be  approved  by  the  art  commission 
of  the  commonwealth:  provided,  that  said  tablet  and  head 
are  approved  by  the  said  art  commission. 

Approved  June  6,  1911. 


Resolve  authorizing  the  board  of  harbor  and  land  /^/,^^    90 
commissioners  to  change  the  location  of  a  portion         ^' 
of  the  reserved  channel  at  south  boston. 

Resolved,  That  the  board   of  harbor  and  land   commis-*  change  of 
sioners,  with  the  approval  of  the  governor  and  council,  is  [hTreservld 
hereby  authorized  to  change  the  location  of  any  or  all  of  gouthljoston 
that  portion  of  the  reserved  channel  at  South  Boston,  estab- 
lished under  the  provisions  of  chapter  forty-six  of  the  resolves 
of  the  year  eighteen  hundred  and  eighty-six,  which  lies  east 
of  L  street  bridge,  and  may  make  such  arrangements  and 
terms  with  the  proprietors  of  adjoining  flats  and  wharves 
and  with  other  parties  as  may  be  found  necessary  or  con- 


1076 


Resolves,  1911.  —  Chap.  91. 


venient  to  secure  the  proper  establishment  and  maintenance 
of  the  new  channel:  provided,  that  the  reserved  channel  as 
changed  shall  be  not  less  than  four  hundred  feet  in  width 
from  said  bridge  to  the  main  ship  channel,  and  that  the  plans 
therefor  and  all  agreements  and  contracts  relating  thereto 
shall  be  subject  to  the  approval  of  the  governor  and  council. 

Approved  June  6,  1911. 


Chap.  91  Resolve  providing  for  submitting  to  the  people  the 

ARTICLE  OF  AMENDMENT  OF  THE  CONSTITUTION  INCREASING 
THE  POWER  OF  THE  LEGISLATURE  TO  AUTHORIZE  THE  TAK- 
ING  OF   LAND  AND   PROPERTY   FOR  HIGHWAYS   OR   STREETS. 


Amendment 
to  the  con- 
stitution sub- 
mitted to  the 
public. 


Article  of 
amendment. 


Proviso. 


Vote  u{x>n 
article,  etc. 


Resolved,  That  the  following  article  of  amendment  to  the 
constitution,  having  been  agreed  to  by  the  last  and  present 
general  court  and  published  in  the  manner  required  by  the 
constitution,  be  submitted  to  the  people  for  their  ratification 
and  adoption:  — 

ARTICLE   OF  AMENDMENT. 

Article  ten  of  part  one  of  the  constitution  is  hereby  amended 
by  adding  to  it  the  following  words:  —  The  legislature  may 
by  special  acts  for  the  purpose  of  laying  out,  widening  or 
relocating  highways  or  streets,  authorize  the  taking  in  fee  by 
the  commonwealth,  or  by  a  county,  city  or  town,  of  more 
land  and  property  than  are  needed  for  the  actual  construction 
of  such  highway  or  street:  i^rovided,  however,  that  the  land 
and  property  authorized  to  be  taken  are  specified  in  the  act 
and  are  no  more  in  extent  than  would  be  sufficient  for  suit- 
able building  lots  on  both  sides  of  such  highway  or  street ;  and 
after  so  much  of  the  land  or  property  has  been  api)ropriated 
for  such  highway  or  street  as  is  needed  therefor,  may  author- 
ize the  sale  of  the  remainder  for  value  with  or  without  suitable 
restrictions. 

Resolved,  That  the  people  shall  be  assembled  for  the  pur- 
pose aforesaid,  in  their  respective  polling  places  in  the  several 
cities  and  towns,  in  meetings  to  be  legally  warned,  and  held 
on  Tuesday,  the  seventh  day  of  November  next,  at  which 
meetings  all  persons  qualified  to  vote  for  state  officers  may 
give  in  their  votes  by  ballot  for  or  against  said  article  of 
amendment;  and  the  same  oflicers  shall  preside  in  said  meet- 
ings as  in  meetings  for  the  choice  of  state  officers,  and  shall  in 
open  meetings  receive,  sort,  count  and  declare  the  votes  for 
and  against  the  said  article  of  amendment;  and  the  said  votes 


Resolves,  1911.  — Chap.  91.  1077 

shall  be  recorded  by  the  clerks  of  said  cities  and  towns,  and 
true  returns  thereof  shall  be  made  out  under  the  hands  of 
the  mayor  and  aldermen  or  board  having  the  powers  of  alder- 
men, and  of  the  selectmen,  or  a  major  part  of  them,  and  of 
the  clerks  of  the  said  cities  and  towns,  respectively,  and  sealed 
up,  and,  within  ten  days  after  the  said  meetings,  transmitted 
to  the  secretary  of  the  commonwealth.  So  far  as  the  same 
can  be  made  applicable,  the  provisions  of  law  applicable  to 
the  election  of  state  officers  shall  apply  to  the  taking  of  the 
vote  on  said  article  of  amendment. 

Resoloed,  That  every  person  qualified  to  vote  as  aforesaid 
may  express  his  opinion  on  said  article  of  amendment,  and 
the  following  words  shall  be  printed  on  the  ballot:  — 

Shall  the  proposed  amendment  to  the  constitution,  in-  Question  upon 
creasing  the  power  of  the  legislature  to  authorize  the  taking  ''^"°*' 
of  land  and  property  for  highways  or  streets,  be    yes.       ~ 
approved  and  ratified?  J'**- 

And  if  said  article  shall  appear  to  be  approved  by  a  ma- 
jority of  the  persons  voting  thereon,  it  shall  be  deemed 
and  taken  to  be  ratified  and  adopted  by  the  people. 

Resolved,  That  his  excellency  the  governor  and  the  council  Examination 
shall  forthwith  open  and  examine  the  votes  returned  as  of  votes,  etc. 
aforesaid;  and  if  it  shall  appear  that  said  article  of  amend- 
ment has  been  approved  by  a  majority  of  the  persons  voting 
thereon,  according  to  the  votes  returned  and  certified  as 
aforesaid,  the  same  shall  be  enrolled  on  parchment  and 
deposited  in  the  secretary's  office  as  a  part  of  the  constitu- 
tion of  the  commonwealth,  and  shall  be  published  in  im- 
mediate connection  therewith,  numbered  according  to  its 
numerical  position,  with  the  articles  of  amendment  of  the 
constitution  heretofore  adopted,  in  all  future  editions  of  the 
laws  of  the  commonwealth  printed  by  public  authority. 

Resolved,  That  his  excellency  the  governor  be,  and  he  hereby  Governor  to 
is,  authorized  and  requested  to  issue  his  proclamation  forth-  ma^bn'""''^" 
with  after  the  examination  of  the  votes  returned  as  aforesaid, 
reciting  said  article  of  amendment  and  announcing  that  said 
article  has  been  duly  adopted  and  ratified  by  the  people  of 
the  commonwealth,  and  thus  becomes  a  part  of  the  constitu- 
tion thereof,  and  requiring  all  magistrates  and  officers  and 
all  citizens  of  the  commonwealth  to  take  notice  thereof  and 
govern  themselves  accordingly,  or  that  said  article  of  amend- 
ment has  been  rejected,  as  the  case  may  be. 

Approved  June  9,  1911. 


1078 


Resolves,  1911.  — Chaps.  92,  93,  94. 


Charles  F 
Carr. 


Chcqj.  92  Resolve  in  favor  of  charles  f.  carr. 

Resolved,  That  there  be  allowed  and  paid  to  Charles  F. 
Carr  of  Lowell  from  the  treasury  of  the  commonwealth  a 
sum  not  exceeding  two  hundred  and  fifty  dollars,  in  full 
compensation  for  extra  services  performed  by  him  as  armorer 
or  otherwise  at  the  state  armory  in  the  city  of  Lowell,  and 
for  expenditures  made  by  him.        Approved  June  9,  1911. 


Chap.  93  Resolve  to  confirm  the  acts  of  j.  harry  stiles  as  a 

NOTARY   PUBLIC. 


Acta  of  J. 
Harry  Stiles, 
notary  public, 
coufiruied. 


Resolved,  That  the  acts  of  J.  Harry  Stiles  of  Lynn  as  a 
notary  public,  between  the  nineteenth  day  of  December  in 
the  year  nineteen  hundred  and  seven  and  the  tenth  day  of 
May  in  the  year  nineteen  hundred  and  eleven,  are  hereby 
confirmed  and  made  valid,  to  the  same  extent  as  if  during 
that  time  he  had  been  qualified  to  discharge  the  duties  of 
the  said  office.  Approved  June  9,  1911. 


Chap.  94  Resolve  to  extend  the  time  within  which  report  may 

BE  MADE  BY  THE  COMMISSION  APPOINTED  TO  INVESTIGATE 
the  CONDITION  AND  MANAGEMENT  OF  EMPLOYMENT  AGEN- 
CIES AND  INTELLIGENCE  OFFICES. 


Time  ex- 
tended for 
making  a  cer- 
tain report. 


Resolved,  That  the  time  for  filing  the  report  of  the  commis- 
sion appointed  to  investigate  the  condition  and  management 
of  employment  agencies  and  intelligence  offices,  pursuant  to 
the  provisions  of  chapter  one  hundred  and  forty-six  of  the 
resolves  of  the  year  nineteen  hundred  and  ten  and  chapter 
two  of  the  resolves  of  the  year  nineteen  hundred  and  eleven, 
is  hereby  further  extended  to  the  thirty-first  day  of  INlay  in 
the  current  year,  and  all  recommendations  shall  be  accom- 
panied by  drafts  of  bills;  that  the  existence  of  said  commis- 
sion is  hereby  extended  to  the  second  Wednesday  of  January, 
nineteen  hundred  and  twelve,  on  or  before  which  date  final 
report  shall  be  made  to  the  next  general  court,  with  such 
additional  information  as  may  have  been  obtained  and  with 
such  additional  recommendations  as  may  be  deemed  advis- 
able; and  that  said  commission  shall  be  allowed  for  its  neces- 
sary expenses,  in  addition  to  the  sum  of  two  thousand  dollars 
authorized  by  the  resolve  first  mentioned  herein,  such  further 
sum  not  exceeding  one  thousand  dollars  as  may  be  appro\  ed 
by  the  governor  and  coimcil.        Approved  June  10,  1911. 


Resolves,  1911.  — Chaps.  95,  9G,  97.  1079 


Resolve  relative  to  patience  fidelia  clinton  of  the  nj^nry    95 

HASSANAMISCO   TRIBE   OF   INDIANS.  ^  " 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treasury  Patience 
of  the  commonwealth  to  the  selectmen  of  the  town  of  Grafton  ci' 
one  hundred  fifteen  dollars  and  seventy-one  cents,  to  provide 
for  paying  the  debts  and  funeral  expenses  of  Patience  Fidelia 
Clinton,  of  the  Hassanamisco  tribe  of  Indians,  who  died  on 
the  twenty-second  day  of  April,  nineteen  hundred  and  eleven. 

Apjjroved  June  I4,  1911. 


Fidelia 
inton. 


Resolve  in  favor  of  harry  j.  cosgrove.  Cliajp.  96 

Resolved,  That  there  be  paid  out  of  the  treasury  of  the  Harry  j. 
commonwealth  the  sum  of  five  hundred  dollars  to  Harry  J.  ^^^s''"^®- 
Cosgrove,  in  full  compensation  for  injuries  sustained  by  him 
in  the  performance  of  his  duty  as  a  member  of  company  E 
of  the  naval  brigade  of  the  Massachusetts  volunteer  militia 
while  serving  the  commonwealth  on  the  Ignited  States  ship 
Cliicago,  on  the  thirteenth  day  of  October,  in  the  year  nine- 
teen hundred  and  ten.  Approved  June  16,  1911. 


Resolve  directing  the  board  of  education  to  consider  njiQ^y.    97 

THE  expediency  OF  ESTABLISHING  A  STATE  NORMAL  SCHOOL  ^  ' 

IN    OR   NEAR   THE    CITY    OF    BOSTON. 

Resolved,  That  the  board  of  education  is  hereby  directed  Establishment 
to  consider  the  expediency  of  establishing  in  or  near  the  city  normal  school 
of  Boston  a  state  normal  school  for  the  training  of  elementary  dty  of  Boston, 
school  teachers,  or  of  accepting  from  the  city  of  Boston  a 
transfer  to  the  commonwealth  of  the  Boston  normal  school, 
or  of  making  an  agreement  between  the  commonwealth  and 
the  city  of  Boston  whereby  a  certain  sum  may  be  paid  by 
the  commonwealth  to  the  city  of  Boston  for  each  pupil 
educated  in  the  said  school  under  such  conditions  as  to  super- 
vision as  the  said  board  may  require.     For  this  purpose  the 
said  board  shall  confer  with  the  municipal  authorities  of  the 
city  of  Boston.     The  board  shall  report  to  the  next  general  Report, 
court  not  later  than  the  second  Wednesday  in  January,  with 
such  recommendations  for  legislation,  or  otherwise,  as  it  may 
deem  expedient.  Approved  June  16,  1911. 


1080  Resolves,  1911.  — Chaps.  98,  99,  100. 


Clicm.  98  Resolve  to  provide  for  certain  improvements  at  the 

LAKEVILLE   STATE   SANATORIUM. 

i^keviiie  Resolved,  That  there  be  allowed  and  paid  out  of  the  treas- 

sauatorium.  upy  of  the  commonwealth  for  certain  improvements  at  the 
Lakeville  state  sanatorium,  to  be  expended  under  the  direc- 
tion of  the  trustees  thereof,  a  sum  not  exceeding  thirty-three 
hundred  dollars,  for  the  following  purposes,  to  wit:  —  For 
a  recreation  and  employment  building,  a  sum  not  exceeding 
eighteen  hundred  dollars;  for  a  poultry  house  and  poultry, 
a  sum  not  exceeding  five  hundred  dollars;  for  additional  wells 
for  water  supply,  a  sum  not  exceeding  five  hundred  dollars; 
and  for  extension  of  the  sewage  system,  a  sum  not  exceeding 
five  hundred  dollars.  Ayyroved  June  16, 1911. 

Clian.  99  Resolve  to  provide  for  improvements  at  the  north 

READING   state   SANATORIUM. 

North  Reading      Rcsolved,  That  there  be  allowed  and  paid  out  of  the  treas- 

torium.  ury  oi  the  commonwealth  lor  providmg  sewage  purification 

works  at  the  North  Reading  state  sanatorium,  a  sum  not 

exceeding  three  thousand  five  hundred  dollars,  to  be  expended 

under  the  direction  of  the  trustees  of  the  said  institution. 

Apjjroved  June  16,  1911. 


Chap. 100  Resolve  to  provide  for  an  investigation  as  to  the 

ESSEX   BRIDGE   BETWEEN   THE   CITIES   OF  SALEM   AND   BEV- 
ERLY. 

Essex  bridge  Resolved,  That  one  member  of  the  Massachusetts  highwav 

between  the  .      .  .       i  i      •  .      i    i         .  i  •      • 

cities  of  commission,  to  be  designated  by  the  commission,  one  mem- 

BevCTiy."  ber  of  the  board  of  harbor  and  land  commissioners,  to  be 

designated  by  the  board,  and  one  member  of  the  county 
commissioners  of  the  county  of  Essex,  to  be  designated  by 
said  county  commissioners,  are  hereby  constituted  a  joint 
board  to  investigate  the  question  of  the  reconstruction  of 
the  Essex  bridge,  so-called,  between  the  cities  of  Salem  and 
Beverly,  or  the  construction  of  a  new  bridge,  with  suitable 
approaches,  at  or  near  the  location  of  said  Essex  bridge. 
Said  reconstructed  bridge  or  new  bridge  shall  be  filled  solid 
to  such  extent  as  said  joint  board  may  think  expedient,  and 
shall  be  provided  with  a  proper  draw  for  the  passage  of 
vessels,  and  with  tide  gates  or  locks  so  that  the  flats  in  the 
Dan  vers,  Bass  and  North  rivers  may  Ix'  kept  covered  with 
Report.  water  ut  low  tide;  and  said  joint  board  is  hereby  authorized 


Eesolves,  1911.  — Chap.  101.  1081 

to  make  surveys  and  to  procure  plans  and  estimates  of  the 
cost  of  the  said  work,  and  to  report  to  the  next  general  court 
on  or  before  the  first  day  of  January,  nineteen  hundred  and 
twelve,  with  copies  of  said  plans  and  estimates  and  the  recom- 
mendations of  the  joint  board  in  respect  thereto,  and  if  any 
legislation  is  recommended  by  the  board  the  report  shall  be 
accompanied  by  a  bill  or  bills  embodying  the  recommenda- 
tion. The  said  joint  board  may  expend  a  sum  not  exceed- 
ing five  thousand  dollars  for  the  purposes  of  this  resolve. 
For  this  purpose  the  county  commissioners  of  the  county  of 
Essex  are  hereby  authorized  and  directed  to  borrow  on  the 
credit  of  the  county,  for  a  period  not  exceeding  one  year,  a 
sum  not  exceeding  five  thousand  dollars.  From  the  money 
so  obtained  the  treasurer  of  the  county  shall  pay,  from  time 
to  time,  as  occasion  may  require,  such  sums  as  may  be  deter- 
mined by  the  said  joint  board  and  approved  by  the  county 
commissioners.  As  soon  as  is  practicable  after  the  comple- 
tion of  its  investigation  and  report  the  board  shall  certify  to 
the  clerk  of  courts  of  the  said  county,  and  to  the  clerks  of 
each  of  the  said  cities  the  sum  expended  by  it  under  authority 
of  this  resolve;  and  within  thirty  days  thereafter  the  said 
cities  shall  each  pay  into  the  treasury  of  the  county  thirty 
per  cent  of  the  sum  so  expended;  and  if  either  of  the  said 
cities  shall  neglect  or  refuse  to  pay  the  same,  the  county 
commissioners  may,  after  notice  to  the  city,  issue  a  warrant 
for  the  same  with  interest  and  the  costs  of  the  notice  and 
warrant,  and  the  same  shall  be  collected  and  paid  into  the 
treasury  of  the  county,  to  be  applied  in  payment  of  the  ex- 
penses aforesaid.  The  remaining  forty  per  cent  of  the 
said  expense  shall  be  paid  by  the  said  county. 

Approved  June  16,  1911. 

Resolve  authorizing  the  state  board  op  charity  to  Q]i(ip\0\ 

RECEIVE   AND   HOLD   TITLE   TO   THE   ROBBINS   FARM   IN   THE 
TOWN   OF  WALPOLE. 

Resolved,  That  the  state  board  of  charity  is  hereby  author-  Robbins  Farm 
ized  to  receive  and  hold  on  behalf  of  the  commonwealth  any  J,"  wfipX!' 
right,  title  and  interest  in  and  to  a  certain  tract  of  land  in 
the  town  of  Walpole,  known  as  the  Robbins  Farm,  and  to 
maintain  said  premises  under  said  name  of  the  Robbins 
Farm,  or  some  other  descriptive  designation  of  which  the 
name  "Robbins"  shall  form  a  part,  to  be  used  exclusively 
for  and  in  connection  with  the  care  of  minors  by  said  board. 

Approved  June  22,  1911. 


1082  Kesolves,  1911.  — C11.U-S.  102,  103. 


Chap. 102  Resolve  to  provide  for  l.\undry  machinery  at  the 

PRISON    CAMP   AND   HOSPITAL, 

fndTo8piu!i  Resolved,  That  there  be  allowed  and  paid  out  of  the  State 

Prison  Industries  Fund  a  sum  not  exceeding  one  thousand 
two  hundred  and  fifty  dollars,  to  be  expended  under  the 
direction  of  the  prison  commissioners  in  providing  laundry 
machinery  at  the  camp  section  of  the  prison  camp  and  hos- 
pital in  Rutland.  Approved  Jmie  22,  1911. 


Chap.103  Resolve  relative  to  the  importation  of  nursery  stock 

AND  TO  THE  AUTHORITY  OF  THE  STATE  NURSERY  INSPECTOR. 

Importation  Resolved,  That  the  state  nursery  inspector,  with  the  ap- 

of  Diirscrv  v  ±  ^  a 

stock,  etc.  proval  of  the  secretary  of  the  state  board  of  agriculture,  shall 
prohibit,  for  such  periods  and  under  such  conditions  as  in 
his  judgment  may  seem  necessary,  the  delivery  within  the 
state  of  nursery  stock  from  any  other  state,  pro\ince  or 
country  when  in  his  opinion  such  nursery  stock  is  liable  to 
be  infected  with  insect  pests  or  diseases  not  already  present 
in  this  state.  He,  with  the  approval  of  the  secretary  of  the 
state  board  of  agriculture,  shall  have  power  to  prescribe  such 
general  requirements  as  may  be  needed  to  carry  out  the 
provisions  of  this  resolve,  and  may  publish  information  about 
such  insects  and  diseases  as  are  concerned  in  this  resolve. 
No  provision  in  this  resolve  shall  be  considered  as  applying 
to  gypsy  or  brown  tail  moths  or  to  any  stage  thereof,  except 
upon  places  where  nursery  stock  is  grown  aufl  upon  property 
immediately  adjoining  the  same.  The  state  nursery  in- 
spector shall  receive  five  hundred  dollars  annually  for  serv- 
ices under  this  resolve  and  his  travelling  and  other  expenses 
necessarily  incurred  in  such  service.  Each  of  his  deputies 
shall  receive  five  dollars  for  each  day's  service  required  of 
him  under  this  resolve  and  his  travelling  and  other  expenses 
necessarily  incurred  in  such  ser\ice.  A  sum  not  exceeding 
ten  thousand  dollars  may  be  expended  by  the  state  board  of 
agriculture  in  carrying  out  the  provisions  of  this  resolve, 
and  the  state  nursery  inspector  may  appoint,  for  the  pur- 
poses of  this  resolve,  such  additional  inspectors  as  may  be 
approved  by  the  secretary  of  the  state  board  of  agriculture. 

Approved  June  22,  1911. 


Resolves,  1911.  — Chaps.  101,  105,  106.  1083 


Resolve  to  provide  for  certain  improvements  at  the  Chap.104: 

LYMAN  AND   INDUSTRIAL  SCHOOLS. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treasury  Lyman  and 
of  the  commonwealth  a  sum  not  exceeding  ninety-five  hun-  achooia."" 
dred  dollars,  to  be  expended  under  the  direction  of  the  trus- 
tees of  the  Lyman  and  industrial  schools  for  the  following 
purposes:  —  For  coal  bunkers  at  the  Lyman  school  for  boys, 
a  sum  not  exceeding  fifteen  hundred  dollars;  and  for  sewer 
beds  at  the  state  industrial  school  for  girls,  a  sum  not  exceed- 
ing eight  thousand  dollars.  Approved  June  22,  1911. 

Resolve  to  provide  for  certain  improvements  at  the  Chav.lO^ 

RUTLAND   state   SANATORIUM. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treas-  Rutland  state 

p   ,1  i.i  ,  T  ,  .         sanatorium. 

ury  oi  the  commonwealth  a  sum  not  exceedmg  seventy-nme 
hundred  and  forty-five  dollars,  to  be  expended  at  the  Rut- 
land state  sanatorium,  under  the  direction  of  the  trustees  of 
hospitals  for  consumptives,  for  certain  improvements  as  fol- 
lows: —  For  a  new  dynamo  and  engine,  a  sum  not  exceeding 
twenty-eight  hundred  and  fifty  dollars;  for  iron  pipes,  a  sum 
not  exceeding  nineteen  hundred  and  seventy-five  dollars;  for 
woodworking  machinery  for  the  carpenter  shop,  a  sum  not 
exceeding  three  hundred  dollars;  for  the  extension  of  the 
western  veranda  on  the  infirmary,  a  sum  not  exceeding  nine 
hundred  and  sixty-five  dollars;  for  changing  certain  build- 
ings into  an  infirmary,  a  sum  not  exceeding  eight  hundred 
and  sixty-five  dollars;  for  furnishing  the  infirmary  so  con- 
structed, a  sum  not  exceeding  three  hundred  and  ninety 
dollars;  for  covering  the  bridge  between  the  administration 
building  and  the  centre  building  with  tar  concrete,  a  sum 
not  exceeding  one  hundred  and  fifty  dollars;  and  for  an 
ambulance,  a  sum  not  exceeding  four  hundred  and  fifty  dol- 
lars. Approved  June  22,  1911. 

Resolve  to  provide  for  plans  and  estimates  of  a  pro-  Chap.lOiS 

POSED    HIGHWAY    FROM   THE    CITY    OF    LAWRENCE    TO    THE 
TOWN   OF  METHUEN. 

Resolved,  That  the  county  commissioners  of  the  county  of  Highway 

,  •  •  between  the 

Essex  are  hereby  authorized  and  directed  to  mvestigate,  city  of  Law- 

1  1    .  1  1        J.'         J.        e  rence  and  the 

make  surveys,  and  to  procure  plans  and  estimates  tor  a  pro-  town  of 
posed   highway   commencing   at  the   westerly  terminus   of  '^^'^'■^"^°- 
Water  street  in  the  city  of  Lawrence,  anfl  running  thence 


1084  Resolves,  1911.  —  Ciiaps.  107,  108. 

along  the  northerly  bank  of  the  Merrimac  river  to  a  point 
in  Lowell  street  in  the  town  of  Methuen  east  of  Bartlett 
Report.  brook,  so-called,  and  to  report  to  the  next  general  court  on 

or  before  the  second  Saturday  of  January,  nineteen  hundred 
and  twelve,  with  copies  of  said  plans  and  estimates.  For 
this  purpose  the  commissioners  may  expend  a  sum  not  ex- 
ceeding one  thousand  dollars.  As  soon  as  is  practicable,  the 
said  commissioners  shall  certify  to  the  treasurer  of  the  city 
of  Lawrence  and  to  the  treasurer  of  the  town  of  IMethuen  the 
sum  expended  under  the  authority  of  this  resohe  prior  to 
the  first  day  of  December,  nineteen  hundred  and  twelve. 
The  city  of  Lawrence  shall  pay  fifty  per  cent  and  the  town  of 
Methuen  ten  per  cent  of  the  said  expense  to  the  county  of 
Essex,  and  if  the  city  or  the  town  neglects  or  refuses  to  pay 
its  said  proportion  the  commissioners  shall,  after  due  notice 
to  the  city  or  to  the  town,  as  the  case  may  be,  issue  a  war- 
rant for  the  same,  with  interest  and  the  costs  of  the  notice 
and  warrant,  and  the  same  shall  be  collected  and  paid  into 
the  treasury  of  said  county  to  be  applied  toward  payment 
of  the  expense  aforesaid.  Approved  June  22,  1911. 

Chap.lOl  Resolve  in  favor  of  the  executors  of  the  will  of 

ELEAZER   R.    BURBANK. 

ilS^anif  *  Resolved,  That  there  be  allowed  and  paid  out  of  the  treas- 

ury of  the  commonwealth  to  Alonzo  P.  Weeks,  B.  A.  Mc- 
Mahon  and  Florence  B.  French,  executors  of  the  will  of  the 
late  Eleazer  R.  Burbank,  of  Newton,  the  sum  of  sixteen  dol- 
lars and  ninety-six  cents,  the  same  having  been  erroneously 
paid  into  the  treasury  of  the  commonwealth  on  account  of 
a  legacy  tax.  Approved  June  22,  1911. 

Chap.lOS  Resolve  to  provide  for  an  investigation  as  to  certain 

IMPROVEMENTS     OF    THE     SUBWAY    AND     TIL^NSPORTATION 
SYSTEM   IN  THE  CITY   OF   BOSTON. 

Subway  and  Resolved,  That  the  board  of  railroad  commissioners  and 

transporUition        i        -pi  •  •      •  •      •  •    •       i         i        •  i 

system  in  the  the  Bostou  trausit  comuiissiou,  sittmg  jointly,  he  mstructed 
to  consider  the  matters  contained  in  the  following  bills  and 
resolve  now  pending,  namely,  —  house  bill,  No.  149,  house 
bill,  No.  1384,  house  bill,  No.  1385,  and  resolve,  house,  No. 

Report.  1110.     The  said  joint  board  shall  investigate  and  determine 

whether  it  is  for  the  public  interest,  anil  exjHulient,  to  enact 
any  or  all  of  the  legislation  prayed  for  in  the  petitions  accom- 


Kesolves,  ion.  — Chaps.  109,  110.  1085 

panying  the  said  bills  and  resolve;  and  if  the  board  recom- 
mends any  legislation  it  shall  submit  the  draft  of  an  act  or 
acts  embodying  the  same.  The  said  joint  board  shall  report 
to  the  next  general  court  on  or  before  the  second  Saturday 
in  January,  and  may  expend  for  the  purposes  of  this  resolve 
such  sums  of  money,  to  be  paid  out  of  the  treasury  of  the 
commonwealth,  as  may  be  necessary,  and  as  shall  be  ap- 
proved by  the  governor  and  council. 

A'p'proved  June  22,  1911. 

Resolve  directing  the  board  of  education  to  investi-  Chap.lO^ 

GATE    THE    ADVISABILITY    OF    ESTABLISHING    AN    AGRICUL- 
TURAL SCHOOL  IN  OR  NEAR  THE  CITY  OF  BOSTON. 

Resolved,  That  the  board  of  education  shall  investigate  the  Agricultural 
practicability  and  advisability  of  the  establishment  by  the  near  the  dty 
commonwealth  of  an  agricultural  school,  or  of  a  branch  of  °    °^*°°" 
the  state  agricultural  college,  in  the  city  of  Boston  or  at  some 
place  within  ten  miles  thereof.     The  board  shall  consider  Report. 
house  bill  number  five  hundred  and  ninety-three,  now  pend- 
ing, with  the  accompanying  petition,  and  shall  report  to  the 
general  court  not  later  than  the  second  Wednesday  in  Janu- 
ary, nineteen  hundred  and  twelve.     The  board  may  give 
such  hearings  upon  the  subject,  and  may  incur  such  neces- 
sary expense  as  shall  be  approved  by  the  governor  and  council. 

Approved  J  line  29,  1911. 

Resolve   to   extend   the   powers   of   the   commission  n/fdj)  \IQ 

APPOINTED    TO    CONSIDER    THE    LIABILITY    OF    EMPLOYERS  * 

FOR    INJURIES    RECEIVED    BY    EMPLOYEES    IN    THE    COURSE 
OF   THEIR    EMPLOYMENT. 

Resolved,  That  the  commission  which  was  appointed  under  commission 
chapter  one  hundred  and  twenty  of  the  resolves  of  the  year  employees'^  etc., 
nineteen  hundred  and  ten  to  determine  upon  a  plan  of  com-  tin'il'e°d!'^  '^°'^' 
pensating  employees  for  injuries  sustained  in  the  course  of 
their  employment  is  hereby  continued  until  the  first  day  of 
July,  nineteen  hundred  and  twelve.     The  commission  shall  Report, 
continue  its  studies  and  investigation,  and  shall  collect  and 
compile  statistical  data  of  accidents  to  employees,  and  other 
pertinent  information,  and  shall  report  to  the  general  court 
on  or  before  May  first,  nineteen  hundred  and  twelve,  with 
drafts  of  such  bills  as  it  may  recommend  for  legislation. 
Every,  employer  shall  hereafter,  until  July  first,  nineteen 


108G  Resolves,  1911.  — Chap.  111. 

hundred  and  twelve,  keep  a  record  of  all  injuries,  fatal  or 
otherwise,  received  by  his  employees  in  the  course  of  their 
employment;  and  within  forty-eight  hours,  not  counting 
Sundays  and  legal  holidays,  after  the  occui-rence  of  an  acci- 
dent resulting  in  personal  injury  to  an  employee  a  report 
thereof  shall  be  made  in  writing  by  the  employer  to  the  com- 
mission on  blanks  furnished  for  the  purpose.  Upon  the 
termination  of  the  disability  of  the  injured  employee  or,  if 
such  disability  extends  beyond  a  period  of  sixty  days,  at  the 
expiration  of  that  period,  the  employer  shall  make  a  sup- 
plemental report  on  blanks  furnished  by  the  commission  for 
the  purpose.  The  said  reports  shall  state  the  name  and 
nature  of  the  business  of  the  employer,  the  location  of  his 
establishment,  the  name,  age,  sex  and  occupation  of  the 
injured  employee,  the  date  and  hour  of  the  accident,  the 
nature  and  cause  of  the  injury,  and  such  other  information  as 
may  be  required  by  the  commission.  Any  employer  who 
refuses  or  neglects  to  make  a  report  required  by  this  resolve 
shall  be  punished  by  a  fine  of  not  more  than  fifty  dollars  for 
each  offence.  The  total  additional  expense  to  be  incurred 
under  this  resolve  shall  not  exceed  the  sum  of  thirteen  thou- 
sand dollars.  Approved  June  30,  1911. 


Chaj}.lll  Resolve  to  provide  for  certain  improvements  at  the 

MASSACHUSETTS  AGRICULTURAL  COLLEGE. 

AgSturai"^        I^sohed,  Tluxt  there  be  allowed  and  paid  out  of  the  treasury 
College.  Qf  the  commonwealth  a  sum  not  exceeding  one  hundred 

twenty-two  thousand  five  hundred  ilollars,  to  be  expended 
at  the  Massachusetts  Agricultural  College,  under  the  direc- 
tion of  the  trustees  thereof,  for  the  following  jnirposes,  to 
wit:  —  For  certain  improvements  at  the  west  experiment 
station  building,  a  sum  not  exceeding  seventy-five  himdred 
dollars;  for  a  dairy  building  and  equipment,  a  sum  not  ex- 
ceeding seventy-five  thousand  dollars;  for  equi])ment  of  the 
various  departments,  a  sum  not  exceeding  ten  thousand 
dollars;  for  general  repairs  about  the  institution  buildings, 
offices,  etc.,  a  sum  not  exceeding  fifteen  thousand  dollars; 
for  small  buildings  for  bee-keeping,  sheep  sheds,  storing  for 
plumbing  and  carpenter  equipment  and  general  improve- 
ments, a  sum  not  exceeding  fifteen  thousand  dollars. 

Approved  June  30,  1011. 


Resolves,  1911.  — Chaps.  112,  113,  IH.  1087 


Resolve  to  authorize  the  trustees  of  the  state  farm  CJian  112 

TO    settle    the    claim    of    CORNELIUS    J.    DONOVAN    FOR 
PERSONAL   INJURIES. 

Resolved,  That  the  trustees  of  the  state  farm  are  hereby  Trustees  of  the 
authorized  to  settle  the  claim  of  Cornelius  J.  Donovan  for  Lttfe  a™  ""^^ 
an  injury  sustained  by  him  in  the  loss  of  four  fingers  from  his  '^®''*^'°  ^''"'"• 
left  hand,  while  working  in  the  woodworking  department 
at  the  state  farm  on  the  eleventh  day  of  April,  nineteen 
hundred  and  eleven,  by  paying  to  him  a  sum  not  exceeding 
five  hundred  dollars  in  full  compensation  for  said  injury  and 
upon  the  execution  and  delivery  by  him  of  a  suitable  release. 
The  said  sum  shall  be  paid  from  the  State  Farm  Industries 
Fund.  Approved  June  30,  1911. 

Resolve  relative  to  improving  the  present  method  of  Chap.W^ 

LIGHTING,    HEATING    AND    VENTILATING    THE    STATE    HOUSE 
AND  OPERATING  THE  ELEVATORS   THEREIN. 

Resolved,  That  the  state  house  commission,  provided  for  Lighting, 
by  section  seventeen  of  chapter  ten  of  the  Revised  Laws,  is  venUkting*^ 
hereby  authorized  and  directed  to  investigate  the  present  houserlTtc. 
method  of  lighting,  heating  and  ventilating  the  state  house 
and  of  operating  the  elevators  therein,  and  the  probable 
cost  of  substituting  modern  methods  therefor.     The  com- 
mission shall  report  the  result  of  its  investigation  to  the 
general   court   not  later  than   the   tenth  day   of  January, 
nineteen  hundred  and  twelve,  with  such  recommendations 
as  it  may  deem  advisable,  and  may  expend  for  this  purpose 
from  the  treasury  of  the  commonwealth,  a  sum  not  exceed- 
ing five  hundred  dollars.  Approved  July  3,  1911. 

Resolve  to  provide  for  the  acquiring  of  additional  Chap.114, 

LAND  FOR  THE  MOUNT  EVERETT  RESERVATION. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Mount  Everett 
treasury  of  the  commonwealth,  to  be  expended  under  the  ''^»«''^^*'°'>- 
direction  of  the  Mount  Everett  reservation  commission,  a 
sum  not  exceeding  two  thousand  dollars  for  the  purpose  of 
acquiring  such  lands  adjoining  the  present  Mount  Everett 
reservation  as  said  commission  may  deem  necessary  for 
the  purpose  of  providing  a  suitable  approach  to  the  reser- 
vation from  the  highway,  as  authorized  by  chapter  five 


1088  Ep:solves,  1911.  — CiiArs.  115,  116,  117. 

hundred  and  seventy-one  of  the  acts  of  the  year  nineteen 
hundred  and  eight,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  this  purpose. 

Ayyroved  July  7,  1911. 


Chaj).!!^  Resolve  to  provide  for  purchasing  additional  land 

FOR  THE   MOUNT   SUGAR   LOAF   STATE   RESERVATION. 

LS^res^erva-         Resolvecl,  That   there   be   allowed   and   paid   out   of   the 
tion.  treasury  of  the  commonwealth  for  the  purchase  of  additional 

land  for  the  Mount  Sugar  Loaf  state  reservation  on  the 
westerly  and  northerly  sides  thereof,  a  sum  not  exceeding 
five  thousand  dollars,  to  be  expended  under  the  direction 
of  the  trustees  of  the  said  reservation. 

Approved  July  7,  1911. 

Chap.llij      Resolve  in  favor  of  the  lowell  textile  school. 

J^jj^l' textiio  Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  commonwealth  to  the  trustees  of  the  Lowell 
textile  school  the  sum  of  forty  thousand  dollars,  to  be  ap- 
plied to  the  purposes  of  the  school:  provided,  that  no  part 
of  this  sum  shall  be  paid  until  satisfactory  evidence  is  fur- 
nished to  the  auditor  of  the  commonwealth  that  an  addi- 
tional sum  of  eight  thousand  dollars  has  been  received  by 
them  from  other  sources.  The  city  of  Lowell  is  hereby 
authorized  to  raise  by  taxation  and  pay  to  said  trustees 
such  sum  of  money,  not  exceeding  eight  thousand  dollars, 
as  may  be  necessary,  together  with  that  received  from  other 
sources,  to  obtain  the  amount  authorized  by  this  resolve. 

Approved  July  10,  1911. 

Chap.Wl  Resolve  to  provide  for  certain  improvements  at  the 

LOWELL   TEXTILE    SCHOOL. 

achoo/  *^''*''''  Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  commonwealth  to  the  trustees  of  the  Lowell 
textile  school  the  sum  of  twenty-two  thousand  seven  hun- 
dred dollars,  of  which  the  sum  of  thirteen  thousand  three 
hundred  and  fifty  dollars  shall  be  expended  for  complet- 
ing the  construction  of  the  new  boiler  and  engine  house, 
and  the  sum  of  nine  thousand  three  hundred  antl  fifty  dol- 
lars for  moving  and  setting  up  boilers  and  engines,  for 
piping,  electrical  switch  boards  and  wiring,  and  for  stokers 


Resolves,  1911.  — CnArs.  118,  119.  1089 

with  flues  necessary  to  connect  the  power  phmt  with  the 
main  buildings  and  equipment  of  the  school.  Also  the 
further  sum  of  sixty-nine  hundred  and  fifty-five  dollars, 
of  which  sum  forty-four  hundred  and  fifty-five  dollars 
shall  be  expended  for  additional  equipment  for  the  machine 
shop  of  the  school,  and  twenty-five  hundred  dollars  for 
equipment  for  the  department  of  woolen  and  worsted  yarns. 

Approved  July  10,  1911. 

Resolve  to  provide  for  an  investigation  and  a  report  Qjif^rp  WQ 

CONCERNING     CHARGES     FOR     COMMUTATION     TICKETS     BY 
railroad   CORPORATIONS. 

Resolved,  That  the  board  of  railroad  commissioners  is  Commutation 
hereby  requested  to  continue  its  consideration  and  investi-  railroads. 
gation  of  the  issue  by  railroad  corporations  of  quarterly 
and  monthly  tickets  at  a  proportional  rate  or  at  a  more 
equitable  rate  than  is  now  charged;  and  to  enlarge  its 
investigation  to  include  a  study  of  the  equalization  of  all 
rates  for  commutation  tickets,  and  a  form  of  uniform  com- 
mutation ticket  upon  all  the  railroads  of  the  commonwealth, 
and  to  report  to  the  next  general  court,  not  later  than  Feb-  Report, 
ruary  fifteenth,  with  its  recommendations  in  the  premises, 
and  a  draft  of  a  bill  authorizing  the  board  to  determine 
and  fix  rates  and  forms  of  ticket  as  aforesaid.  The  board 
is  further  requested,  as  a  part  of  the  said  investigation,  to 
consider  and  report  upon  the  specific  proposals  for  legis- 
lation contained  in  house  bills  numbered  five  hundred  and 
eight  and  eleven  hundred  and  forty-two  of  nineteen  hundred 
and  eleven,  and  in  the  accompanying  petitions. 

Approved  July  10,  1911. 

Resolve  in  favor  of  the  new  Bedford  textile  school.  (JJiap.119 

Resolved,  That  there  be  allowed  and  paid  out  of  the  New  Bedford 
treasury  of  the  commonwealth  the  sum  of  twenty  thou- 
sand dollars,  to  be  expended  by  the  trustees  of  the  New 
Bedford  textile  school  for  the  purposes  of  the  school:  pro- 
vided, that  no  part  of  this  sum  shall  be  paid  until  satis- 
factory evidence  has  been  furnished  to  the  auditor  of  the 
commonwealth  that  an  additional  sum  of  ten  thousand 
dollars  has  been  paid  to  the  said  trustees  by  the  city  of 
New  Bedford  or  has  been  received  by  them  from  other 
sources.     The  city  of  New  Bedford  is  hereby  authorized 


1090  Eesolves,  1911.  — Chaps.  120,  121,  122. 

to  raise  by  taxation  and  pay  to  said  trustees  such  sum  of 
money,  not  exceeding  ten  thousand  dollars,  as  may  be  neces- 
sary to  secure  the  amount  provided  for  by  this  resolve. 

Approved  July  10,  1911. 

Chap.120  Resolve  directing  the  metropolitan  park  commission 
TO  investigate  the  cost  of  acquiring  land  and  con- 
structing A  boulevard  around  lake  quannapowitt 

IN  the  town  of  WAKEFIELD. 

^a  boufe'vTrd        Resolved,  That  the  metropolitan  park  commission   shall 
Quannaji^wttt    ^^ccrtaiu  the  cost  of  taking,  or  otherwise  acquiring  land 
in  Wakefield,     for  park  purposcs  bordering  upon  Lake  Quannapowitt  in 
the  town  of  Wakefield,   and  of  constructing  a  boulevard 
around  said  lake,  and  report  to  the  next  general  court  dur- 
ing the  first  week  in  January.        Approved  Jidy  12,  1911. 

Chap.\2i\  Resolve  relative  to  an  investigation  of  the  subject 

OF  THE  COLD  STORAGE  OF  FOOD  AND  FOOD  PRODUCTS. 

S^food^etr  Resolved,  That  the  governor,  with  the  advice  and  con- 

sent of  the  council,  shall,  within  thirty  days  after  the  pas- 
sage of  this  resolve,  appoint  a  commission  of  five  persons, 
citizens  of  the  commonwealth,  to  investigate  the  subject 
of  the  cold  storage  of  food  and  of  food  products  kept  in 
cold  storage.  The  members  of  the  commission  shall  receive 
such  compensation  and  may  incur  such  expenses  in  the 
performance  of  their  duties  as  may  be  authorized  by  the 
governor  and  council;  and  the  commission  shall  report  to 
the  general  court  on  or  before  the  second  Wednesday  in 
January  in  the  year  nineteen  hundred  and  twelve.  The 
provisions  of  section  twenty-one  of  chapter  three  of  the  Re- 
vised Laws  shall  not  apply  to  appointments  made  hereunder. 

Approved  Jidy  12,  1911. 

C/tap.~i22  Resolve  to  provide  for  payment  of  the  expenses  of 

THE  METROIN^LITAN  PARKS  APPORTIONMENT  COMMISSION. 

pal-kHup-^'^"  7?e.9o/i)w/,  That   there   be   allowed   and   paid   out   of   the 

portioniiiont  Metropolitan  Parks  Maintenance  Fund,  to  be  expended 
under  the  (hrection  of  the  metropolitan  park  connnission, 
the  following  sums:  —  For  services  and  personal  expenses 
of  the  a])portionment  commissioners  appointed  by  the  su- 
preme judicial  coiu't  luider  authority  of  chapter  four  hun- 
dred and  nin('t(HMi  (if  the  nets  of  the  year  eighteen  hundred 


Resolves,  1911.  — Chaps.  123,  124.  1091 

and  ninety-nine  for  the  purpose  of  making  the  apportion- 
ment required  by  said  act  for  five  years  beginning  with  the 
year  nineteen  hundred  and  eleven,  the  sum  of  nine  thousand 
sixty-nine  dollars  and  twenty-one  cents.  For  expenses  of 
publication  of  the  report  of  said  apportionment  commis- 
sioners, the  sum  of  forty-four  dollars  and  seven  cents.  For 
clerical  and  other  incidental  expenses,  such  sums,  not  ex- 
ceeding in  the  aggregate  fifteen  hundred  and  seventy  dollars, 
as  said  apportionment  commissioners,  or  a  majority  thereof, 
may  approve.  Approved  July  13,  1911. 

Resolve  to  provide  for  additional  land  and  build-  niin^^  1 03 

INGS    for    the    BRADFORD     DURFEE    TEXTILE     SCHOOL    OF  ^  ' 

FALL    RIVER. 

Resolved,  That   there   be   allowed   and   paid   out   of  the  Bradford 
treasury  of  the  commonwealth  to  the  trustees  of  The  Brad-  xe^ule 
ford  Durfee  Textile  School  of  Fall  River  the  sum  of  five  IKivL. 
thousand  dollars,  for  the  purchase  of  land,  and  the  sum 
of  ten  thousand  dollars  for  the  erection  of  buildings  thereon 
and  the  equipment  of  the  same.     Approved  July  15,  1911. 

Resolves  in  favor  of  the  Bradford  durfee  textile  Qhnjy  1 94 

SCHOOL   OF   FALL   RIVER.  ^  '    '^ 

Resolved,    That  there  be  allowed  and   paid   out  of  the  Bradford 
treasury  of  the  commonwealth  to  the  trustees  of  The  Brad-  Tenue 
ford  Durfee  Textile  School  the  sum  of  twenty-seven  thou-  |ai\°Rivir. 
sand  dollars,  to  be  applied  to  the  purposes  of  the  school: 
provided,    that  no  part  of  this  sum  shall  be  paid  until  sat- 
isfactory evidence  is  furnished  to  the  auditor  of  the  com- 
monwealth that  an  additional  sum  of  eight  thousand  dollars 
has  been  paid  to  said  trustees  by  the  city  of  Fall  River  or 
has  been  received  by  them  from  other  sources.     The  city 
of  Fall  Rivet  is  hereby  authorized  to  raise  by  taxation  and 
pay  to  said   trustees  such  sum  of  money,   not  exceeding 
eight  thousand  dollars,  as  may  be  necessary,  together  with 
that  received  from  other  sources,  to  obtain  the  amount 
authorized  by  this  resolve. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  commonwealth  to  the  trustees  of  The  Brad- 
ford Durfee  Textile  School  of  Fall  River  the  sum  of  eleven 
thousand  dollars  for  the  purchase  of  new  machinery  and 
equipment  for  the  school  and  for  the  rearrangement  of  the 
various  departments  therein.  Approved  July  15,  1911. 


1092  Eesolves,  1911.  — Chaps.  125,  126,  127,  128. 


Chap. 125  Resolve  to  provide  for  the  purchase  of  land  adjacent 

TO   THE   STATE   NORMAL   SCHOOL  AT   FITCHBURG. 

nirmarifhooi.  Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  commonwealth  a  sum  not  exceeding  twenty- 
five  thousand  dollars,  to  be  expended  under  the  direction 
of  the  board  of  education,  for  the  purchase  of  a  tract  of 
land  in  the  city  of  Fitchburg  lying  west  of  North  street 
and  adjacent  to  the  state  normal  school. 

Approved  Jnly  15,  1911. 

CJiap.VlQ  Resolve  to  confirm  the  acts  of  edwin  f.  thayer  as  a 

JUSTICE   OF  THE   PEACE. 

Acts  of  Resolved,  That   the  acts  of   Edwin  F.  Thayer  of   Attle- 

Thayer.  borougli  as  a  justicc  of  the  peace,  between  the  sixteenth 

peace.  day  of  Dcccmber,  nineteen  hundred  and  ten,  and  the  twenty- 

second  day  of  June,  nineteen  hundred  and  eleven,  are  hereby 
confirmed  and  made  valid,  to  the  same  extent  as  if  during 
that  time  he  had  been  qualified  to  discharge  the  duties  of 
the  said  office.  Approved  Jidy  15,  1911. 


confirmed. 


C7iap.l27  Resolve  to  provide  additional  compensation  for  the 

PAGES  OF  THE  GENERAL  COURT. 

Pages  of  the  Resolxed,    That  there  be  allowed   and   paid  out  of  the 

grgjjgj'Q^j  court. 

treasury  of  the  commonwealth  from  the  ordinary  revenue, 
a  sum  not  exceeding  one  thousand  one  hundred  dollars,  to 
be  expended  by  the  sergeant-at-arms  in  the  payment  of 
additional  compensation  to  the  pages  employed  by  the 
general  court.  Approved  July  15,  1911. 


Chap.l2S  Resolve  to  provide  for  certain  improvements  at  the 

WESTBOROUGH   STATE   HOSPITAL.    * 

westborough  Resolved,    That  there  be  allowed   and   paid   out  of  the 

state  hospital.  pi  i    i       p  •  i 

treasury  ot  the  commonwealth  tor  miprovements  at  the 
Westborough  state  hospital  the  following  sums,  to  be 
expended  under  the  direction  of  the  trustees  of  the  hos- 
pital: —  For  an  extension  of  the  sewerage  beds,  a  sum  not 
exceeding  one  thousand  nine  hundred  dollars;  for  a  double 
veranda  on  the  Codman  building,  a  sum  not  exceeding  two 
thousand  dollars;  and  for  remodeling  and  enlarging  cottages 
A  and  B,  a  sum  not  exceeding  fifteen  thousand  dollars. 

Approved  July  15,  1911. 


Kesolves,  1911.  — Chaps.  129,  130,  131,  132.  1093 


Resolve  to  provide  for  improvements  at  the  Gardner  C7iap.l2d 

STATE   COLONY. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Gardner 
treasury  of  the  commonwealth  the  following  sums  for  im- 
provements at  the  Gardner  state  colony,  to  be  expended 
under  the  direction  of  the  trustees  thereof:  —  For  con- 
structing and  furnishing  a  house  for  thirty  male  patients 
and  for  the  water  supply  therefor,  a  sum  not  exceeding 
eleven  thousand  six  hundred  dollars;  for  constructing  and 
furnishing  an  employees'  house,  a  sum  not  exceeding  five 
thousand  dollars;  for  an  extension  of  the  coal  trestle,  a  sum 
not  exceeding  twelve  hundred  dollars;  and  for  extending 
the  water  system,  a  sum  not  exceeding  three  thousand  six 
hundred  dollars.  Approved  Jidy  15,  1911. 

Resolve  to  provide  an  additional  sum  of  money  for  Chap.VdO 
clerical  assistance  in  the  office  of  the  clerk  of 

THE   house    of   representatives. 

Resolved,    That  there  be  allowed  and  paid  out  of  the  clerical 

a     ,t  1,1  /  1"  J.1  assistance  to 

treasury  oi  the  commonwealth  a  sum  not  exceedmg  three  thecierkof 
hundred  dollars,  for   the  purpose  of   meeting  expenses  for  *^^  ^°"^^" 
clerical  assistance  in  the  office  of  the  clerk  of  the  house  of 
representatives  during  the  present   session  of  the  general 
court,  this  amount  to  be  in  addition  to  any  amount  here- 
tofore authorized  for  the  same  purpose. 

Approved  July  15,  1911. 

Resolve  to  provide  for  certain  improvements  at  the  Q/iapAol 

MASSACHUSETTS    SCHOOL    FOR   THE    FEEBLE-MINDED. 

Resolved,    That  there  be  allowed  and  paid  out  of  the  Massachusetts 

(•    ,  1  1j1  J.  J*  /2J?j.  School  for  the 

treasury  of  the  commonwealth  a  sum  not  exceedmg  niteen  Feebie- 
thousand   dollars,   to   be   expended   at   the   Massachusetts  ^^''"^^^^ 
School  for  the  Feeble-Mi nded  under  the  direction  of  the 
trustees  thereof  for  constructing  and  furnishing  an  addi- 
tion to  the  south  nurses'  home.       Approved  July  17,  1911. 

Resolve  to  provide  additional  compensation  for  the  (7/ia«.132 

SPECIAL  committee  APPOINTED  TO  INVESTIGATE  THE 
SUICIDE  OF  JOHN  NEWMAN  AND  THE  TREATMENT  OF  IN- 
MATES AT  THE   LYMAN  SCHOOL   FOR  BOYS. 

Resolved,     That  there   be   allowed   and   paid   out  of  the  Compensation 
treasury  of  the  commonwealth  the  sum  of  twenty-one  hun-  commltt^of 


109J:  Resolves,  1911. —  Chaps.  133,  131,  135. 


the  general  dred  dollaps,  as  additional  compensation  to  the  members 
of  the  special  committee  appointed  under  an  order  adopted 
by  the  house  of  representatives  of  the  year  nineteen  hun- 
dred and  ten  to  investigate  the  suicide  of  John  Newman 
and  the  treatment  of  the  inmates  at  the  Lyman  school 
for  boys,  as  follows:  —  To  Harry  H.  Ham,  chairman,  the 
sura  of  four  hundred  and  fifty  dollars;  to  David  C.  Ahearn, 
clerk,  the  sum  of  four  hundred  and  fifty  dollars;  to  Henry 
Bond,  the  sum  of  four  hundred  dollars;  to  Zebedee  E.  Cliff, 
the  sum  of  four  hundred  dollars;  and  to  Cornelius  J.  Car- 
mody,  the  sum  of  four  hundred  dollars. 

(The  foregoing  was  laid  before  the  Governor  on  the  eleventh 
day  of  Jidy,  1911,  and  after  jive  days  it  had  ''the  force  of  a 
law",  as  yrescrihcd  by  the  Constitution,  as  it  was  not  returned 
by  Mm  with  his  objections  thereto  within  that  time.) 

Chap.133  Resolve  in  favor  of  salem  p.  haddock, 

nidd'od^  i?e.?ofoe(^,   That  there  be  added  to  the  amount  of  the  appro- 

priation for  the  Metropolitan  Parks  Maintenance  Fund, 
the  sum  of  nine  hundred  thirty-five  dollars  and  seventy- 
five  cents,  being  a  part  of  the  pension  money  due  Salem 
P.  Haddock,  a  former  police  officer  of  the  metropolitan 
park  commission,  under  the  provisions  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the  year  nineteen  hun- 
dred and  nine;  this  additional  sum  being  for  that  part  of 
the  period  between  the  date  of  his  injury  and  November 
thirtieth,  nineteen  hundred  and  eleven,  during  which  he 
received  no  pay.  Approved  July  18,  1911. 

ChapA^^  Resolve  in  favor  of  the  widow  of  henry  e.  turner. 

Turner^'  Resolvcd,    That  there  be   allowed   and  paid  out  of  the 

treasury  of  the  commonwealth  to  Hulda  S,  Turner  of 
Maiden,  widow  of  the  late  Henry  E.  Turner,  auditor  of  the 
commonwealth,  the  remainder  of  the  salary  to  which  he 
would  have  been  entitled  had  he  lived  to  serve  out  his 
term  as  auditor.  Approved  Jidy  IS,  1911. 

Chap.135  Resolve  to  direct  the  metropolitan  park  commission 
TO  investigate  and  report  upon  the  advisability  and 
cost  of  a  parkway  connection  between  winthrop 

PARKWAY  in  the  TOWN  OF  REVERE  AND  WINTHROP  SHORE 
reservation  in  the  TOWN  OF  WINTHROP. 

ul'p'^'tmvnMof  Resolved,  That  the  inetrt)politan  ])ark  commission  is  hereby 

Winthrop?'       directed   to   investigate   the   advisability   and   the   cost   of 


Resolves,  1911.  — Chaps.  136,  137,  138.  1095 

acquiring  land  to  form  a  connection  between  Winthrop 
parkway  in  the  town  of  Revere  and  Winthrop  shore  reser- 
vation in  the  town  of  Winthrop,  and  of  constructing  thereon 
a  parkway  or  driveway,  and  of  protecting  the  shore  between 
these  points.  The  commission  shall  report  in  print  to  the 
next  general  court  not  later  than  the  first  Monday  in  January. 
For  the  purpose  of  carrying  out  this  resolve,  said  commission 
may  expend  out  of  the  Metropolitan  Parks  Maintenance 
Fund  a  sum  not  exceeding  two  hundred  and  fifty  dollars. 

Approved  July  19,  1911. 


Resolve  to  provide  for  an  additional  "water  supply  (JJiajj  1 3(3 

AT   THE    LAKEVILLE    STATE    SANATORIUM.  ' 

Resohed,  That  there  be  allowed  and  paid  out  of  the  treas-  Lakeviiie 
iiry  of  the  commonwealth  a  sum  not  exceeding  three  thousand  ^natorium. 
dollars,  to  be  expended  at  the  Lakeviiie  state  sanatorium, 
under  the  direction  of  the  trustees  thereof,  for  the  purpose 
of  providing  an  additional  water  supply  at  said  institution. 

Approved  July  19,  1911. 


Chap.1^1 


Resolve  to  provide  for  certain  improvements  at  the 

MONSON   state   HOSPITAL. 

Resohed,  That  there  be  allowed  and  paid  out  of  the  Monson 
treasury  of  the  commonwealth  the  following  sums  for  im-  ^^^^  hospital. 
provements  at  the  Monson  state  hospital,  to  be  expended 
under  the  direction  of  the  trustees  thereof:  —  For  altera- 
tions in  the  machine  shop  and  storehouse  and  for  fireproof- 
ing  and  refrigerating  purposes,  a  sum  not  exceeding  three 
thousand  dollars;  and  for  constructing  and  equipping  an 
addition  to  the  laundry,  a  sum  not  exceeding  fifteen  thou- 
sand dollars.  Approved  July  19,  1911. 


Resolve  to  provide  for  certain  improvements  at  the  (JJian  138 
westfield  state  sanatorium. 

Resohed,    That  there  be  allowed  and  paid  out  of  the  westfieid  state 

.  i?     .i  1,1      j»  ,     •        •  ,      sanatorium. 

treasury  ot  the  commonwealth  tor  certam  improvements 
at  the  Westfield  state  sanatorium,  to  be  expended  under 
the  direction  of  the  trustees  thereof,  a  sum  not  exceeding 
thirty-eight  hundred  dollars,  for  the  following  purposes:  — 
For  a  recreation  and  employment  building,  a  sum  not  ex- 
ceeding eighteen  hundred  dollars;  for  enlarging  locker  rooms 


1096  Eesolves,  1911.  — Chaps.  139,  140,  141. 

and  diet  kitchens  and  for  additional  piazzas,  a  sum  not 
exceeding  one  thousand  dollars;  and  for  grading,  a  sum 
not  exceeding  one  thousand  dollars. 

Approved  July  19,  1911. 


Chap.l39  Resolve  to  provide  for  new  boilers,  a  boiler  house 

AND   CHIMNEY   AT  THE   STATE   PRISON. 

State  prison.  Resolved,    That  there  be  allowed  and  paid  out  of  the 

State  Prison  Industries  Fund  a  sum  not  exceeding  five 
thousand  dollars,  to  be  expended  under  the  direction  of  the 
prison  commissioners  for  new  boilers,  a  boiler  house  and 
chimney  at  the  state  prison  in  Boston. 

Approved  July  10,  1911. 


Chap.l4iO  Resolve  to  provide  for  certain  improvements  at  the 

INDUSTRIAL   SCHOOL   FOR   BOYS. 

ludustriai  Resolved,    That  there  be  allowed   and  paid   out  of  the 

school  for  '  ^  , .  ,  . 

boys.  treasury  oi  the  commonwealth  a  sum  not  exceedmg  tlnrty- 

four  thousand  four  hundred  and  fifty  dollars,  to  be  expended 
for  improvements  at  the  industrial  school  for  boys,  under 
the  direction  of  the  trustees  thereof,  for  the  following  pur- 
poses: —  For  installation  of  a  telephone  system,  a  sum  not 
exceeding  five  hundred  dollars;  for  the  construction  of  a 
piggery,  a  sum  not  exceeding  eleven  hundred  and  fifty 
dollars;  for  moving  and  resetting  a  tenement  cottage  and 
attaching  an  ell  thereto,  a  sum  not  exceeding  four  hundred 
dollars;  for  a  steam  heating  system  in  the  brick  cottage, 
a  sum  not  exceeding  six  hundred  dollars;  for  constructing 
a  sidewalk,  a  sum  not  exceeding  three  hundred  dollars;  for 
lighting  and  power,  for  a  shop  building  and  for  the  ecjuip- 
ment  of  the  said  building,  and  for  connecting  the  lighting 
and  heating  system,  a  sum  not  exceeding  thirty-one  thou- 
sand five  hundred  dollars.  Approved  July  19,  1911. 

Cha)).14^1  Resolve  to  provide  for  the  appointment  of  a  commis- 
sion TO  determine  what  dai\l\ges  shall  be  paid  to 
the  town  of  stoneham  by  reason  of  the  taking  for 

THE  metropolitan  WATER  WORKS  OF  SPOT  POND. 

TakinEof  Resolved,    That,    upon    the    acceptance    of    this    resolve 

r>pot  piinil  ,  ,  p     1  i  1  1  1 

in  the  town       by  tlic  towu  OI   Stoucham,   but  not  more  than   one  year 
after  the  passage  thereof,  said  town  may  file  in  the  clerk's 


Resolves,  1911.  — Chap.  142.  1097 

office  of  the  superior  court  for  the  county  of  Middlesex 
a  petition  for  the  determination  of  the  damages  sustained 
by  it  by  reason  of  any  taking  or  act  of  the  metropoUtan 
water  board  or  of  the  metropoUtan  water  and  sewerage 
board  under  authority  of  chapter  four  hundred  and  eighty- 
eight  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
five,  and  acts  in  amendment  thereof  and  in  addition  thereto, 
and  thereupon,  after  such  notice  as  said  court  shall  order, 
the  court  shall  appoint  a  commission  of  three  disinterested 
persons.  The  commission  shall,  after  notice  and  hearing, 
determine  the  damages  specified  in  the  petition  which  said 
town  sustained  as  aforesaid  and  could  have  recovered  upon 
a  petition  filed  in  accordance  with  the  provisions  of  section 
thirteen  of  said  chapter  four  hundred  and  eighty-eight, 
and  shall  report  its  determination  to  said  court.  Such 
determination,  when  accepted  by  the  court,  shall  be  final 
and  conclusive,  and  the  town  shall  thereupon  be  precluded 
from  bringing  any  further  action  to  recover  for  any  damages 
caused  as  aforesaid.  The  court  may  allow  the  members 
of  said  commission  reasonable  compensation  for  their  serv- 
ices, and  the  compensation  so  allowed  and  the  damages, 
if  any,  determined  as  aforesaid  shall  be  paid  from  the  treas- 
ury of  the  commonwealth,  and  thereafter  shall  be  appor- 
tioned and  paid  in  the  same  manner  in  which  the  other 
expenses  of  the  metropolitan  water  and  sewerage  board 
are  apportioned  and  paid.  Approved  July  19,  1911. 


Resolve  relative  to  certain  duties  of  the  director  (7/^^,«  |42 

OF  THE   bureau   OF   STATISTICS. 

Resolved,  That  the  director  of  the  bureau  of  statistics  Director  of 
be  required  to  make  a  special  investigation  and  to  report  ofltatLtics. 
the  results  thereof,  with  such  proposed  legislation  thereon 
as  he  deems  necessary,  to  the  next  general  court,  relative 
to  the  indebtedness  of  the  cities  and  towns  of  the  com- 
monwealth, including  loans  made  in  anticipation  of  taxes, 
the  amount  and  character  of  indebtedness  incurred  within 
and  without  the  debt  limit,  so-called,  respectively,  and 
the  amount  of  debt  outstanding  against  which  no  sinking 
funds  are  being  accumulated  or  for  the  extinguishment  of 
which  no  annual  payments  of  principal  have  been  provided 
in  accordance  with  law.  For  the  purpose  of  carrying  out 
the  provisions  of  this  resolve  said  director  may  employ 
such   additional   assistants,    who   shall   not   be   subject   to 


1098  Resolves,  1911.  —  Chaps.  143,  144,  145. 

chapter  nineteen  of  the  Revised  Laws  and  the  rules  there- 
under, and  may  incur  such  incidental  expenses,  as  may  be 
approved  by  the  governor  and  council. 

Approved  July  10,  1911. 

Chaj). 143  Resolve  directing  the  prison  commissioners  to  report 

TO  THE  NEXT  GENERAL  COURT  A  PLAN  RELATIVE  TO  PRISON 
INDUSTRIES. 

kidu^'suies  Resolved,    That    the    prison    commissioners    are    hereby 

directed  to  report  to  the  general  court  on  or  before  the 
second  Wednesday  of  January,  nineteen  hundred  and 
twelve,  a  plan  for  utilizing  the  products  of  the  labor  of 
prisoners  in  the  penal  institutions  of  the  commonwealth 
by  the  public  institutions  referred  to  in  section  forty-five 
of  chapter  two  hundred  and  twenty-five  of  the  Revised 
Laws  and  in  chapter  four  hundred  and  fourteen  of  the 
acts  of  the  year  nineteen  hundred  and  ten,  either  by  the 
extension  of  the  State  Use  System,  so-called,  or  by  such 
other  method  as,  in  the  judgment  of  the  commissioners, 
will  best  provide  for  the  employment  of  prisoners  in  useful 
and  diversified  industries  and  the  utilizing  of  the  products 
of  their  labor  in  such  w^ay  as  least  to  injure  free  workmen. 
The  commissioners  shall  accompany  their  report  with 
recommendations  for  legislation  to  carry  out  the  purposes 
of  this  resolve  and  with  drafts  of  bills  embodying  such 
recommendations.  Approved  July  19,  1911. 


Cha2).14:4:  Resolve  to  provide  for  a  representation  of  the  com- 
monwealth   AT    THE    AMERICAN    LAND    AND    IRRIGATION 

exposition. 

American  Resolved,    That  there  be  allowed   and   paid  out  of  the 

Irrigation  trcasury  of  the  commonwealth  a  sum  not  exceeding  one 

xposi  ion.  thousand  dollars,  to  be  expended  by  the  secretary  of  the 
state  board  of  agriculture  for  a  proper  representation  of 
the  commonwealth  at  the  American  Land  and  Irrigation 
Exposition  to  be  held  at  Madison  Square  Garden,  New 
York  city,  in  the  month  of  Novem})cr  of  the  present  year, 
in  the  interest  of  agriculture.  Approved  Jidy  20,  1911. 

Chap.li5  l^EsoLVE  to  provide  for  certain  improvements  at  pen- 

ikese  hospital. 

bMpitaT  Resohed,     That  there   be   allowed   and    paid   out  of  the 

treasury  of  the  commonwealth   for  certain   improvements 


Kesolves,  1911.  — Chaps.  UO,  147.  1099 

at  Penikese  hospital,  to  be  expended  under  the  direction 
of  tlie  state  board  of  charity,  a  sum  not  exceeding  three 
thousand  three  hundred  anfl  fifty  dollars,  for  the  following 
purposes:  —  For  additional  water  supply,  a  sum  not  ex- 
ceeding two  thousand  dollars;  and  for  furnishings  in  the 
new  hospital  building,  a  sum  not  exceeding  one  thousand 
three  hundred  and  fifty  dollars.       Approved  July  20,  1911. 

Resolve  to  provide  for  a  commission  to  investigate  (JJiajj  14-6 

THE    engineering    EXPENSES    OF   THE    COMMONWEALTH. 

Resolved,    That  the  chairman  of  the  board  of  harbor  and  Engineering 

••  1  !•  p       ^         -n  r  expenses  of  the 

land  commissioners,  the  chairman  of  the  Massachusetts  commonwealth, 
highway  commission,  the  chairman  of  the  state  board  of 
health,  the  chairman  of  the  metropolitan  park  commission 
and  the  chairman  of  the  metropolitan  water  and  sewerage 
board  shall  be  a  commission  on  engineering  expenses  of  the 
commonwealth,  and  shall  investigate  the  engineering  sal- 
aries and  expenses  of  the  various  departments,  boards  and 
commissions  of  the  commonwealth  and  shall  determine 
whether  there  should  be  any  reorganization,  regrouping  or 
change  in  the  methods  of  engineering  done  by  the  state 
boards,  commissions  and  departments,  and  shall  report  its 
findings  to  the  general  court  not  later  than  January  fifteenth, 
nineteen  hundred  and  twelve.  For  the  purposes  of  carrying 
out  the  provisions  of  this  resolve  there  may  be  expended 
out  of  the  treasury  of  the  commonwealth  a  sum  not  exceed- 
ing one  thousand  dollars.  Approved  July  21,  1911. 

Resolve  to  provide  for  certain  improvements  at  the  (Jhap  11:7 

STATE   infirmary. 

Resolved,  That  there  be  a,llowed  and  paid  out  of  the  treas-  state 
ury  of  the  commonwealth  for  improvements  at  the  state  »°fi''™»'^- 
infirmary,  the  following  sums,  to  be  expended  under  the 
direction  of  the  trustees  of  the  infirmary:  —  For  additions 
to  and  alterations  in  the  chapel,  a  sum  not  exceeding  eleven 
thousand  five  hundred  dollars ;  for  construction  of  a  women's 
special  ward,  a  sum  not  exceeding  twenty-two  thousand 
dollars;  and  for  the  purchase  of  real  estate,  a  sum  not  ex- 
ceeding one  thousand  two  hundred  dollars. 

Approved  July  22,  1911. 


1100  Resolves,  1911. —  Chaps.  148,  UO,  150,  151. 


C7iaj).14:S  Resolve  to  provide  for  improvements  at  the  Massachu- 
setts HOSPITAL  SCHOOL. 

?XTta'i"''"'        Resolved,  That  there  be  allowed  and  paid  out  of  the  treas- 
schcwi.  y,.y  Qf  ^\^Q   commonwealth   for  improvements  at  the  Mas- 

sachusetts hospital  school,  to  be  expended  under  the  direction 
of  the  trustees  thereof,  the  following  sums:  —  For  a  new 
barn,  wagon  shed  and  root  cellar,  a  sum  not  exceeding  six 
thousand  dollars;  and  for  an  assembly  hall,  to  be  constructed 
of  wood,  a  sum  not  exceeding  twenty  thousand  dollars. 

Approved  July  22,  1911. 


CliapA^^  Resolve  to  provide  for  certain  improvements  at  the 

WORCESTER   STATE   ASYLUM. 

stateMjium.  Resolvcd,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  commonwealth  for  improvements  at  the 
Worcester  state  asylum,  the  following  sums,  to  be  expended 
under  the  direction  of  the  trustees  of  the  asylum:  —  For 
constructing  and  furnishing  a  house  for  fifty  female  nurses, 
a  sum  not  exceeding  twenty-nine  thousand  three  hundred 
dollars;  for  constructing  and  furnishing  two  buildings  to 
hold  fifty  patients  each,  a  sum  not  exceeding  forty  thou- 
sand dollars;  for  constructing  a  storehouse,  a  sum  not 
exceeding  seventeen  thousand  one  hundred  dollars;  and 
for  the  purchase  and  installation  of  a  boiler,  a  sum  not 
exceeding  two  thousand  dollars.     Approved  Jidy  22,  1911. 


Chajy.WO  Resolve  to  provide  for  improvements  at  the  Worcester 

STATE   hospital. 

statThospitai.  Resolved,  That  there  be  allowed  and  paid  out  of  the  treas- 
ury of  the  commonwealth  the  following  sums,  to  be  expended 
for  improvements  at  the  Worcester  state  hospital,  under  the 
direction  of  the  trustees  thereof :  —  For  altering  and  repairing 
the  Salisbury  ward  in  order  to  provide  for  twenty-one  male 
patients,  a  sum  not  exceeding  ten  thousand  dollars;  and  for 
the  construction  of  two  passenger  elevators,  a  sum  not  ex- 
ceeding two  thousand  one  hundred  dollars. 

Approved  July  22,  1911. 

CJf(fiy.l^l  Resolve  to  provide  for  a  new  armory  in  the  town  of 

WAKEFIELD. 

Wakefield.  Rcsolvcd,  That  tliorc  be  allowed  and  paid  out  of  the  treasury 

of  the  commonwealth  a  sum  not  exceeding  fiftv-{i\e  thousand 


Resolves,  1911.  — CuArs.  152,  153,  154.  1101 

dollars,  to  be  expended  by  the  armory  commissioners  in 
accordance  with  the  provisions  of  section  one  hundred  and 
thirty-three  of  chapter  six  hundred  and  four  of  the  acts  of 
the  year  nineteen  hundred  and  eight,  as  amended  by  chapter 
three  hundred  and  twenty-three  of  the  acts  of  the  year  nine- 
teen hundred  and  nine,  in  building  and  equipping  an  armory 
in  the  town  of  Wakefield  to  replace  the  armory  recently 
destroyed  by  fire;  and  the  treasurer  and  receiver  general 
is  hereby  directed  to  issue  bonds  for  the  said  sum  in  accord- 
ance with  the  provisions  of  section  one  hundred  and  thirty- 
five  of  said  chapter  six  hundred  and  four. 

Approved  July  24,  1911. 


Resolve  to  provide  for  a  system  of  sewerage  at  the  Chap. 152 

W^RENTHAM   STATE   SCHOOL. 

Resolved ,  That  there  be  allowed  and  paid  out  of  the  treasury  Wrentham 
of  the  commonwealth,  a  sum  not  exceeding  thirteen  thousand  ^  '^'°  ^'""^  ' 
dollars,  to  be  expended  at  the  Wrentham  state  school  under 
the  direction  of  the  trustees  thereof,  for  a  general  system  of 
sewerage  including  filtration  beds. 

Approved  Jidy  28,  1911. 


Resolve  to  provide  for  printing  additional  copies  of  QJiq^jj  153 

THE  report  of  THE  COMMISSION  APPOINTED  TO  INVESTI- 
GATE THE  QUESTION  OF  THE  INCREASE  OF  CRIMINALS, 
MENTAL  DEFECTIVES,  EPILEPTICS,  DEGENERATES  AND  AL- 
LIED  CLASSES. 

Resolved,  That  there    be   printed   fifteen   hundred   addi-  Printing 
tional   copies  of  the  report  of  the  commission  appointed  copies  01 
under  chapter  fifty-nine  of  the  resolves  of  the  year  nineteen  ''®p°'''- 
hundred  and  ten,  to  investigate  the  question  of  the  increase 
of  criminals,  mental  defectives,  epileptics,  degenerates  and 
allied    classes.     The    said    additional    copies    shall    be   dis- 
tributed under  the  direction  of  the  secretary  of  the  com- 
monwealth. Approved  July  28,  1911. 


Resolve  to  provide  for  the  preparation  and  printing  Chap.154: 

OF   AN    annotated    EDITION    OF   THE    INSURANCE    LAWS. 

Resolved,    That  there  be  allowed  and  paid  out  of  the  insurance 
treasury  of  the  commonwealth  a  sum  not  exceeding  seven 


1102  Resolves,  1911.  — Chaps.  155,  156,  157. 

hundred  dollars  for  the  preparation  and  printing  of  an 
annotated  edition  of  the  insurance  laws  of  the  common- 
wealth, the  work  to  be  done  under  the  direction  of  the 
insurance  commissioner.  Approved  July  28,  1911. 


Chaj).!^^  Resolve  relative  to  mileage  to  be  paid  to  the  mem- 
bers OF  the  general  court  for  the  current  year. 

Mileage  of  Resolvcd,    That  each  member  of  the  general  court  shall 

members  of  -pi  •  i  v    • 

the  general        rcccive  for  the  currcnt  vear  in  addition  to  any  amounts 


court 


already  authorized  eighty  cents  for  every  mile  of  travelling 
distance  from  his  place  of  abode  to  the  place  of  sitting  of 
the  general  court.  Approved  Jidy  28,  1911. 


ChajJ.l^G  Resolve  to  provide  for  improvements  at  the  North- 
ampton state  hospital. 

sZl^^ph^.  Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  commonwealth  the  following  sums  to  be 
expended  under  the  direction  of  the  trustees  of  the  North- 
ampton state  hospital :  —  For  additions  to  and  improve- 
ments in  the  bakery  of  the  said  hospital,  a  sum  not  exceeding 
six  thousand  five  Imndred  dollars;  and  for  a  new  laundry 
building  and  the  equipment  of  the  same,  a  sum  not  exceed- 
ing forty  thousand  four  hundred  and  twenty-five  dollars. 

Apjjroved  Jvly  28,  1911. 


Chap.157  Resolve  to  provide  for  the  construction  of  a  bridge 

AND  approaches  THERETO  TO  CARRY  THE  DRIVEWAY  OF 
THE  QUINCY  SHORE  RESERVATION  OVER  THE  TRACKS  OF 
THE  NEW  YORK,  NEW  HAVEN  AND  HARTFORD  RAILROAD 
COMPANY  IN  THE  CITY  OF  QUINCY. 

Quincyehore         Resolved,    That  there  be  allowed   and   paid  out  of  the 

rostT  vution 

in  the  city  of  Metropolitan  Parks  Maintenance  Fund  a  sum  not  exceed- 
ing twenty  thousand  dollars,  to  be  expended  under  the 
direction  of  the  Metropolitan  i)ark  commission  for  the  pur- 
pose of  constructing,  or  of  contributing  toward  the  expense 
of  constructing,  a  bridge  and  approaches  thereto  to  carry 
the  driveway  of  Quincy  shore  reservation  over  the  tracks 
of  the  New  York,  New  Haven  and  Hartford  Railroad  Com- 
pany in  the  city  of  Quincy.  Approved  Jidy  28,  1911. 


Resolves.  1911.  —  Chap.  158.  1103 


Resolve  to  provide  for  an  investigation  by  the  tax  Chap.l5S 

COMMISSIONER    OF    THE    TAXATION    OF    FOREIGN    CORPORA- 
TIONS. 

Resolved,  That  the  tax  commissioner  is  hereby  directed  forefgn°°°* 
to  investigate  the  subject  of  the  taxation  of  foreign  corpo-  corporations. 
rations  having  a  usual  place  of  business  in  the  common- 
wealth and  to  report  to  the  next  general  court,  on  or  before 
the  first  Wednesday  in  January,  as  to  what  changes,  if 
any,  should  be  made  in  the  laws  relating  thereto,  and 
whether,  in  connection  therewith  or  otherwise,  any  change 
in  the  law  relating  to  the  taxation  of  incomes  is  desirable. 
The  report  of  the  tax  commissioner  shall  be  accompanied 
by  drafts  of  any  legislation  necessary  to  carry  out  recom- 
mendations contained  in  such  report.  He  shall  give  such 
public  hearings  as  he  deems  necessary.  For  the  purposes 
aforesaid  he  may  require  from  boards  of  assessors  and  other 
public  officials  any  information  in  their  possession,  and  may 
incur  such  necessary  expenses,  to  be  paid  from  the  treasury 
of  the  commonwealth,  as  the  governor  and  council  may 
approve.  Approved  Jidy  28,  1911. 


PROPOSED  AMENDMENTS  TO  THE  CONSTITUTION. 


The  following  proposed  articles  of  amendment  to  the 
Constitution  have  been  officially  certified  and  deposited 
in  the  office  of  the  secretary  of  the  Commonwealth,  as  re- 
quired by  section  20  of  chapter  3  of  the  Revised  Laws,  and 
if  agreed  to  by  the  general  court  next  to  be  chosen,  in  the 
manner  provided  by  the  Constitution,  must  be  submitted 
to  the  people  for  their  ratification  or  rejection:  — 

Resolve  to  provide  for  an  amendment  to  the  consti- 
tution DISQUALIFYING  FROM  VOTING  PERSONS  CONVICTED 
OF  CERTAIN   OFFENCES. 

Resolved,    That  it  is  expedient  to  alter  the  constitution  Proposed 
of  the   commonwealth  by   the  adoption  of   the  subjoined  amendment 
article   of   amendment;     and   that  the   said   article,   being  ^iturbn." 
agreed  to  by  a  majority  of  the  senators  and  two  thirds  of 
the  members  of  the  house  of  representatives  present  and 
voting  thereon,  be  entered  on  the  journals  of  both  houses, 
with  the  yeas  and  nays  taken  thereon,  and  be  referred  to 
the  general  court  next  to  be  chosen;    and  that  the  said 
article  be  published,  to  the  end  that  if  agreed  to  in  the 
manner  provided  by  the  constitution,  by  the  general  court 
next  to  be  chosen,  it  may  be  submitted  to  the  people  for 
their  approval  and  ratification,  in  order  that  it  may  become 
a  part  of  the  constitution  of  the  commonwealth. 

ARTICLE   OF   AMENDMENT. 

Article  three  of  the  amendments  to  the  Constitution  is  Certain 
hereby   amended   by   inserting  after  the  word    "guardian-  Sfsquaiified 
ship",   in  line  two,   the  following:  —  and   persons  tempo- ^™"^  ^°*'°^' 
rarily  or  permanently  disqualified  by  law  because  of  corrupt 
practices  in  respect  to  elections. 


1106 


Proposed  Amendments  to  the  Constitution. 


House  of  Representatives,  April  7,  1911. 

The  foregoing  article  of  amendment  is  agreed  to,  two 
thirds  of  the  members  of  the  house  of  representatives  present 
and  voting  thereon  having  voted  in  the  affirmative;  and  the 
same  is  referred  to  the  general  court  next  to  be  chosen. 

JOSEPH   WALKER,  Speaker. 

Senate,  April  13,  1911. 

The  foregoing  article  of  amendment  is  agreed  to,  a  ma- 
jority of  the  senators  present  and  voting  thereon  having 
voted  in  the  affirmative;  and  the  same  is  referred  in  con- 
currence to  the  general  court  next  to  be  chosen. 

ALLEN  T.  TREADWAY,  President 


Proposed 
article  of 
ameudnient 
to  the  con- 
stitution. 


Resolve  to  provide  for  an  amendment  to  the  consti- 
tution RELATIVE  TO  THE  TAXATION  OF  WILD  OR  FOREST 
LANDS. 

Resolved,  That  it  is  expedient  to  alter  the  constitution 
of  the  commonwealth  by  the  adoption  of  the  subjoined 
article  of  amendment;  and  that  the  said  article,  being 
agreed  to  by  a  majority  of  the  senators  and  two  thirds  of 
the  members  of  the  house  of  representatives  present  and 
voting  thereon,  be  entered  on  the  journals  of  both  houses, 
with  the  yeas  and  nays  taken  thereon,  and  be  referred  to 
the  general  court  next  to  be  chosen;  and  that  the  said 
article  be  published,  to  the  end  that  if  agreed  to  in  the 
manner  provided  by  the  constitution,  by  the  general  court 
next  to  be  chosen,  it  may  be  submitted  to  the  people  for 
their  approval  and  ratification,  in  order  that  it  may  become 
a  part  of  the  constitution  of  the  commonwealth. 


The  ie;eneral 
court  to 
prescribe 
methods  of 
taxation  of 
wild  or 
forest  lands. 


ARTICLE   OF  AMENDMENT. 


Full  power  and  authority  are  hereby  given  and  granted 
to  the  general  court  to  prescribe  for  wild  or  forest  lands 
such  methods  of  taxation  as  will  develop  and  conserve  the 
forest  resources  of  the  commonwealth. 


PROPOSED  Amendments  to  the  Constitution.  1107 

Senate,  July  6,  1911. 

The  foregoing  article  of  amendment  is  agreed  to,  a  ma- 
jority of  the  senators  present  and  voting  thereon  having 
voted  in  the  affirmative;  and  the  same  is  referred  to  the 
general  court  next  to  be  chosen. 

ALLEN  T.  TREADWAY,  President. 

House  of  Representatives,  July  13,  1911. 

The  foregoing  article  of  amendment  is  agreed  to,  two 
thirds  of  the  members  of  the  house  of  representatives  present 
and  voting  thereon  having  voted  in  the  affirmative;  and  the 
same  is  referred  in  concurrence  to  the  general  court  next  to 
be  chosen. 

JOSEPH  WALKER,  Speaker. 


RESOLUTIONS. 


Resolution  of  appreciation  of  the  character  of  charles 

SUMNER. 

Resolved,  That  the  general  court  of  Massachusetts  on  this,  ofapprecia- 
the  hundredth  anniversary  of  his  birth,  hereby  records  its  c'Cracterof 
appreciation  of  the  character  of  Charles  Sumner  and  its  sumner. 
pride  in  the  part  he,  a  son  of  Massachusetts,  took  in  the 
struggle  against  slavery.     To  him,  more,  perhaps,  than  to 
any  other  man  save  Lincoln,  may  be  attributed  the  abolition 
of  the  servitude  which  disgraced  our  country,  threatened  its 
institutions,  and  stained  our  civilization.     We  commend  as 
an  example  to  future  generations  the  courage  and  the  energy 
which  animated  him  in  his  fight  against  the  greatest  evil  of 
his  time,  confident  that  Massachusetts  will  never  be  lacking 
in  leaders  who  will  open  more  largely  to  every  citizen  in  this 
country  the  opportunities  of  life,  liberty  and  the  pursuit  of 
happiness. 

In  House  of  Reyresentatives,  adopted,  January  6,  1911. 
In  Senate,  adopted,  in  conciirrence,  January  10,  1911. 


Resolutions  relative  to   reciprocal  interchange  of 

commodities  between  the  united  states  and  CANADA. 

Resolved,  That  the  general  court  of  the  commonwealth  of  Relative  to 
Massachusetts,  believing  that  a  reciprocal  interchange  of  interchange  of 
commodities  between  the  United  States  and  Canada,  based  between  the 
on  equitable  and  fair  terms,  would  prove  beneficial  to  the  ^d^clnada?^ 
ultimate  consumer  and  to  the  various  manufacturing,  farm- 
ing,  commercial   and   other  interests  of  each  of  the  two 
countries,  hereby  cordially  approves  any  efforts  made  to 
bring  about  such  results. 

Resolved,  That  certified  copies  of  these  resolutions  be  sent 
by  the  secretary  of  the  commonwealth  to  the  president  of 


1110 


Resolutions. 


the  United  States,  to  the  presiding  officers  of  both  houses  of 
congress  and  to  each  of  the  senators  and  representatives  in 
congress  from  Massachusetts. 

In  House  of  Representatives,  adopted,  February  15,  1011. 
In  Senate,  adopted,  in  concurrence,  February  16,  1911. 


Relative  to 
the  establish- 
ment of  a 
parcels  post 
ay  stem. 


On  the  death 
of  William  M. 
Clin,  late 
secretary  of 
the  oonimoil- 
wcalth. 


Resolution  relative  to  the  establishment  of  a  parcels 
POST  system  by  the  government  of  the  united  states. 

Whereas,  The  postmaster  general  has  urged  the  adoption 
of  a  parcels  post  system  to  be  established  and  maintained  by 
the  post  office  department  of  the  United  States  government; 
and 

Whereas,  We  believe  that  the  people  of  this  commonwealth 
approve  such  a  system,  to  extend  to  all  grades  of  offices  in 
the  postal  service;  therefore,  be  it 

Resolved,  That  the  general  court  of  Massachusetts  com- 
mends a  measure  to  this  effect  and  is  in  favor  of  a  general 
parcels  post;  but  in  view  of  the  fact  that  our  national  govern- 
ment has  already  taken  steps  toward  the  introduction  of 
such  a  parcels  post  system,  it  is  deemed  unnecessary  to 
adopt  Senate  Resolutions  No.  116  and  House  Resolutions 
No.  1230  of  the  current  year. 

In  House  of  Representatives,  adopted,  April  6,  1911. 
In  Senate,  adopted,  in  concurrence,  April  12,  1911. 


Resolutions  relative  to  william  m.  olin,  late  secre- 
tary of  the  commonwealth. 

Resolved,  That  the  senate  and  the  house  of  representatives 
share  the  common  loss  in  the  death  of  William  IVI.  Olin,  for 
the  past  twenty  years  the  faithful  and  honored  secretary  of 
the  commonwealth.  Punctilious  and  earnest  in  the  discharge 
of  his  official  duties,  he  early  gained  and  always  retained  the 
confidence  and  esteem  of  his  fellow  citizens  of  all  parties. 
The  ardent  patriotism  which  led  him  to  enlist  in  the  ITnion 
army,  when  a  boy  of  sixteen  years,  and  to  serve  for  tlu-ee 
years  as  a  soldier  during  the  civil  war,  lost  none  of  its  fervor 
with  his  advancing  years.  He  was  strongly  attached  to  his 
comrades  of  the  Grand  Army  of  the  Republic,  and  his  latest 
activities  were  connected  with  them.  It  was  fitting  that, 
before  his  body  was  borne  to  its  last  resting  place,  it  should 


Resolutions.  1111 

lie  in  the  state  house,  surrounded  by  the  battle  flags  of 
the  commonwealth.  Earnest  patriot,  faithful  official,  good 
citizen,  his  life  was  blameless  and  his  end  was  peace.  Long 
will  his  memory  be  cherished  by  the  people  of  the  common- 
wealth. 

Resolved,  That  these  resolutions  be  entered  upon  the 
journals  of  the  senate  and  the  house  of  representatives  and 
that  a  copy  be  sent  to  the  family  of  the  late  secretary. 

In  Senate,  adopted,  A  [ml  21,  1911. 

In  House  of  Representatives,  adopted,  in  concurrence,  April 
25,  1911. 

Resolutions   relative   to   the   gift   by   residents   of 
virginia  to  massachusetts  of  a  site  for  a  monument 

erected  at  OR  NEAR  PETERSBURG,  VIRGINIA,  IN  MEMORY 
OF  MASSACHUSETTS  SOLDIERS  AND  SAILORS  WHO  LOST 
THEIR   LIVES  DURING   THE   CIVIL   WAR. 

Whereas,    The  commission   appointed   under  the  provi-  Relative  to  the 
sions  of  chapter  seventy-two  of  the  resolves  of  the  year  fora^'iiwnu- 
nineteen  hundred  and  ten,  for  the  erection  of  a  suitable  Petersburg, ''^'^'^ 
monument  at  or  near  Petersburg,  Virginia,  in  memory  of  ^"^sima. 
soldiers  and  sailors  from  Massachusetts  who  lost  their  lives 
in  the  Army  of  the  Potomac  during  the  civil  war,  selected 
as  a  suitable  site  for  the  erection  of  the  monument  the  lot 
of  land  hereinafter  described;   and 

Whereas,  In  compliance  with  the  request  of  the  members 
of  the  A.  P.  Hill  Camp  of  Confederate  Veterans  of  Peters- 
burg, Virginia,  a  part  of  the  Crater  Farm,  having  a  frontage 
of  sixty  feet  on  the  Jerusalem  Plank  Road,  so-called,  and 
being  the  site  selected  by  the  commission  for  said  monument, 
has  been  conveyed  to  the  commonwealth  of  Massachusetts 
by  the  widow  and  heirs  of  Timothy  R.  Griffith,  deceased, 
without  expense  to  Massachusetts. 

Resolved,  That  the  general  court  of  Massachusetts  grate- 
fully accepts  the  said  conveyance  in  behalf  of  the  common- 
wealth, and  records  its  appreciation  of  the  fraternal  and 
patriotic  spirit  which  actuated  the  veterans  of  the  said  camp 
in  procuring  the  conveyance  of  this  site  to  the  common- 
wealth, and  extends  its  thanks  for  the  gift  to  Susan  R. 
Griffith,  the  widow  of  said  Timothy  R.  Griffith,  and  to 
Rebecca  B.  Lane,  Mary  A.  Stephenson  and  James  A.  Young, 
heirs  at  law  of  the  said  Timothy  R.  Griffith. 


1112 


Resolutions. 


Resolved,  That  copies  of  these  resolutions  be  sent  by  the 
secretary  of  the  commonwealth  to  the  A.  P.  Hill  Camp  of 
Confederate  Veterans  and  to  the  widow  and  heirs  at  law 
of  the  said  Timothy  R.  Griffith. 

In  Senate,  adopted.  May  24,  1911. 

In  House  of  Representatives,  adopted,  in  concurrence,  Mai/ 
26,  1911. 


Resolution  of  sympathy  with  portus  b.  hancock,  Wil- 
liam N.  HOWARD  AND  DANIEL  CRONIN,  MEMBERS  OF  THE 
HOUSE. 

Of  sympathy         Resolved,    That  the  house  of  representatives  hereby  ex- 

with  certain  .  „  i-ii  e    T^  titt  ip 

members  of  the  prcsscs  its  Tcgrct  lor  the  illness  oi  tortus  B.  Hancock  oi 

representa-        Brocktou,  William  N.  Howard  of  Easton  and  Daniel  Cronin 

of  Boston,  honored  members  of  the  house,  assures  them 

of  its  respect  and  sympathy,  and  expresses  an  earnest  hope 

that  they  will  speedily  be  restored  to  health. 

In  House  of  Representatives,  adopted,  Jidy  28,  1911. 

Resolutions  on  the  death  of  the  honorable  henry  e. 

TURNER,    late    AUDITOR   OF   THE    COMMONWEALTH. 


On  the  deatli 
of  Henry  K. 
Turner,  late 
aurlitor  of  the 
common- 
wealth. 


Resolved,  That  the  pjeneral  court  desires  to  place  on  record 
some  recognition  of  the  faithful  services  performed  by  the 
Honorable  Henry  E.  Turner,  late  auditor  of  the  common- 
wealth. Mr.  Turner  held  this  office  for  ten  years,  and 
discharged  its  duties  with  the  efficiency  of  one  fitted  for 
the  task  by  natural  abilities  and  by  long  training  as  a  skilled 
accoimtant.  That  he  performed  them  with  scrupulous  hon- 
esty, it  is  hardly  necessary  to  add.  j\Ir.  Turner  was  descended 
from  an  Englishman  who  settled  in  Massachusetts  in  1630, 
and  he  showed  in  his  own  person  and  character  the  solid, 
sterling  qualities  associated  with  the  Puritan  founders  of 
this  commonwealth.  To  these  qualities  he  added  a  kindli- 
ness and  geniality  all  his  own,  and  by  which  he  will  long 
be  remembered  by  all  who  knew  him. 

Resolved,  That  these  resolutions  be  enterc(i  upon  the 
journals  of  the  Senate  and  the  house  of  representatives  and 
that  a  copy  be  sent  to  the  family  of  the  late  auditor. 

In  House  of  Representatives,  adopted,  J iily  28,  1911. 
In  Senate,  adopted,  in  concurrence,  July  28,  1911. 


^N^OTE.  1113 

The  general  court  of  1911,  during  its  annual  session,  passed 
719  acts  and  153  resolves  which  received  executive  approval. 

Twenty-eight  (28)  acts  and  five  (5)  resolves,  entitled,  respec- 
tively, "An  Act  relative  to  the  salaries  of  the  doorkeepers,  assist- 
ant doorkeepers  and  messengers  of  the  senate  and  house  of  rep- 
resentatives",   (chapter  115);    "An  Act  to    establish   the  salary 
of  the  assistant  clerk  of  courts  for  the  county  of  Hampden", 
(chapter  174);    "An  Act  to  provide  for  clerical  assistance  for  the 
treasurers  of  the  counties  of  Essex  and  Middlesex",  (chapter  270); 
"An  Act  relative  to  appeals  and  removals  to  the  supreme  judicial 
court  and  to  execution  on  final  decrees  of  the  supreme  and  superior 
courts",  (chapter  284);    "An  Act  to  authorize  the  reinstatement 
of  Philip  H.  Shanley  in  the  street  department  of  the  city  of  Bos- 
ton", (chapter  295);    "An  Act  relative  to  the  appropriation  for 
the  food  and  drug  department  of  the  state  board  of  health", 
(chapter  296);    "An  Act  relative  to  retirement  systems  for  the 
payment  of  annuities  and  pensions  to  employees  of  cities  and 
towns",  (chapter  338);    "An  Act  to  provide  for  the  establishment 
of  state  bird  and  game  preserves  and  the  protection  and  propa- 
gation of  wild  birds  and  quadrupeds",  (chapter  410);    "An  Act 
relative  to  the  police  court  of  Lynn",  (chapter  414);    "An  Act 
to  provide  additional  clerical  assistance  for  the  register  of   pro- 
bate and  insolvency  for  the  county  of  Bristol",   (chapter  452); 
"An  Act  relative  to  the  laying  out  of  a  street  across  the  Back 
Bay  Fens  in  the  city  of  Boston  to  connect  Huntington  avenue 
with  Audubon  road",  (chapter  453);    "An  Act  to  provide  clerical 
assistance  for  the  clerk  of  the  East  Boston  district  court",  (chap- 
ter 454);    "An  Act  to  establish  the  salary  of  the  present  deputy 
warden  of  the  state  prison",  (chapter  467);    "An  Act  relative  to 
the  retirement  of  certain  veterans  in  the  service  of  the  city  of 
New  Bedford",   (chapter  504);    "An  Act  to  authorize  the  rein- 
statement of  Philip  H.  Shanley  in  the  street  department  of  the 
city  of  Boston",  (chapter  505);    "An  Act  to  extend  the  time  in 
which  intoxicating  liquors  may  be  sold  by  innholders  in  the  city 
of  Springfield",  (chapter  507);    "An  Act  relative  to  season  tick- 
ets issued  by  railroad    corporations",    (chapter    508);    "An  Act 
making  appropriations  for  the   Massachusetts  Agricultural  Col- 
lege", (chapter  533);  "An  Act  to  establish  the  salaries  of  Mary 
E.  Halley  and  Mary  A.  Nason,  members  of   the  inspection  de- 
partment of  the  district  police",  (chapter  549);   "An  Act  relative 
to  the  licensing  of  engineers  and  firemen",  (chapter  562);    "An 
Act  relative  to  the    Massachusetts    Brick    Company",    (chapter 
563);    "An  Act  to  provide  for  the  widening  of   Pleasant  street 
in  the  city  of  Boston",  (chapter  591);   "An  Act  to   provide  for 
the    construction   of    sanitary    stations   in  cities   and    in   certain 
towns",  (chapter  596);   "An  Act  to  encourage  and  promote   the 
building  and  use  of  tuberculosis  hospitals  in   cities  and  towns", 
(chapter  597);   "An  Act  to  provide  for  the  control   and  regula- 
tion  of    fraternal    benefit    societies",    (chapter    628);    "An  Act 
relative  to    employment  in  the  night  messenger  service",  (chap- 
ter   629);    "An    Act    making    appropriations    for    the    suppres- 
sion of  the  gypsy  and  brown  tail  moths",  (chapter  630);   "An  Act 
to  authorize  the  restoration  of  Thomas  P.  Roche  to  a  position  in 
the  street  department  of  the  city  of  Boston",  (chapter  712);  "A 


Ill  J:  IS'OTE. 

Resolve  to  provide  for  an  investigation  and  report  by  the  met- 
ropolitan park  commission  relative  to  making  Parker  Hill  in  the 
city  of  Boston  a  part  of  the  metropolitan  park  system",  (chapter 
48);  "A  Resolve  to  provide  for  printing  the  report  of  the  board 
of  railroad  commissioners,  the  tax  commissioner  and  the  bank 
commissioner  on  the  assets  and  liabilities  of  the  New  York,  New 
Haven  and  Hartford  Railroad  Company",  (chapter  57);  "A  Re- 
solve to  provide  for  printing  the  report  of  the  director  of  the 
bureau  of  statistics  relative  to  certain  outstanding  debts  of  cities 
and  towns",  (chapter  58);  "A  Resolve  to  provide  for  the  estab- 
lishment of  a  fish  hatchery",  (chapter  68);  and  "A  Resolve  to 
provide  additional  compensation  for  the  special  committee  ap- 
pointed to  investigate  the  suicide  of  John  Newman  and  the  treat- 
ment of  inmates  at  the  Lyman  school  for  boys",  (chapter  132); 
were  passed,  but  failed  to  receive  executive  approval;  but  as  they 
were  not  returned,  with  objections  thereto,  within  five  days  after 
they  had  been  received  in  the  executive  department,  the  general 
court  not  having  been  prorogued  in  the  meantime,  said  acts  and 
resolves  have  the  force  of  laws,  under  the  provisions  of  the  con- 
stitution governing  such  cases,  and  have  been  so  certified. 

Nine  acts,  entitled,  respectively,  "An  Act  relative  to  qualifica- 
tions for  examination  by  the  civil  service  commission",  (chapter 
119);  "An  Act  to  authorize  the  incorporation  of  medical  milk 
commissions",  (chapter  506);  "An  Act  relative  to  wages  of  em- 
ployees of  the  metropolitan  park  commission  and  of  the  met- 
ropolitan water  and  sewerage  board",  (chapter  541);  "An  Act 
relative  to  the  salaries  of  watchmen  in  the  state  prison  and  in 
the  Massachusetts  reformatory",  (chapter  542);  "An  Act  to  es- 
tablish minimum  salaries  of  judges  and  registers  of  probate  and 
insolvency",  (chapter  668);  "An  Act  relative  to  retiring  and 
pensioning  prison  officers  and  instructors",  (chapter  673);  "An 
Act  to  establish  the  salary  of  William  H.  Sanger  as  assistant 
clerk  of  the  senate  and  the  salary  of  Frank  E.  Bridgman  as  assist- 
ant clerk  of  the  house  of  representatives",  (chapter  674);  "An 
Act  to  provide  pensions  for  the  district  police  of  the  common- 
wealth", (chapter  675);  and  "An  Act  relative  to  the  compensa- 
tion of  members  of  the  general  court",  (chapter  676);  were  passed 
and  laid  before  the  governor  for  his  approval;  were  returned  by 
him  with  his  objections  thereto,  to  the  branch  in  which  they  re- 
spectively originated;  wei'e  reconsidered,  agreeably  to  the  pro- 
-  visions  of  the  constitution,  and  the  vote  being  taken  on  passing 
the  same,  the  objections  of  the  governor  thereto  notwithstanding, 
they  were  passed,  two  thirds  of  the  members  of  the  senate  and 
house  of  representatives  present  and  voting  thereon  having  voted 
in  the  affirmative,  and  said  acts  have  thereby  the  force  of  laws. 

Eight  acts,  entitled,  respectively,  "An  Act  relative  to  the  pro- 
motion of  call  firemen  in  the  fire  department  of  the  city  of  Marl- 
borough", "An  Act  relative  to  the  sale  and  distribution  of  milk", 
"An  Act  relative  to  the  reinstatement  of  certain  former  members 
of  the  police  department  of  the  city  of  Boston",  "An  Act  relative 
to  pensioning  members  of  the  fire  department  of  the  city  of  Bos- 
ton", "An  Act  relative  to  the  extension  of  Boylston  street  across 
the  Back  liay  Fens  in  the  city  of  Boston",  "An  Act  relative  to 
appropriations  for  the  support  of  the  public  schools  of  the  city  of 


Note.  .      1115 

Boston",  "An  Act  to  allow  peaceful  persuasion",  and  "An  Act 
to  provide  for  the  establishment  and  niaintcnaucc  of  the  inde- 
pendent agricultural  school  of  the  county  of  Essex",  were  passed 
and  laid  before  the  governor  for  his  approval;  were  returned  by 
him  with  his  objections  thereto,  to  the  branch  in  which  they  re- 
spectively originated;  were  reconsidered,  and  the  vote  being 
taken  on  passing  the  same,  the  objections  of  the  governor  thereto 
notwithstanding,  they  were  rejected,  two  thirds  of  the  members 
present  and  voting  thereon  not  having  voted  in  the  affirmative, 
and  said  acts  thereby  became  void. 

The  general  court  also  passed  "A  Resolve  to  provide  for  an 
amendment  to  the  constitution  disqualifying  from  voting  persons 
convicted  of  certain  offences",  and  "A  Resolve  to  provide  for  an 
amendment  to  the  constitution  relative  to  the  taxation  of  wild 
or  forest  land",  which  said  resolves  are  filed  in  the  office  of  the 
secretary  of  the  commonwealth,  for  action  by  the  general  court 
of  1912. 

The  general  court  was  prorogued  on  Friday,  July  28,  at  6.59 
P.M.,  the  session  having  occupied  206  days. 


INAUGURAL   ADDRESS 


His  Excellency  Eugene  N.  Foss. 


At  twelve  o'clock  on  Thursday,  the  fifth  day  of  Janu- 
ary, his  excellency  the  governor,  accompanied  by  his 
honor  the  lieutenant  governor,  the  members  of  the  execu- 
tive council,  and  officers  of  the  civil  and  military  depart- 
ments of  the  government,  met  the  senate  and  house  of 
representatives,  in  convention,  and  delivered  the  following 

ADDRESS. 

Gentlemen  of  the  General  Court  of  Massachusetts. 

We  are  here,  in  accord  with  time  honored  custom,  to 
complete  the  inauguration  of  an  executive.  I  am  deeply 
sensible  of  the  honor  conferred  and  the  obligation  imposed. 
There  are,  however,  weightier  matters  than  the  mere 
formality  of  inauguration  confronting  us,  and  to  these 
we  must  address  ourselves. 

POPULAR  GOVERNMENT. 

We  have  reached  a  crisis  in  the  affairs  of  this  common- 
wealth. It  is  a  crisis  which  our  form  of  government  is  fa- 
cing to-day  not  only  in  Massachusetts  but  in  every  state 
of  the  union.  This  crisis  is  all  the  more  marked  in  our 
state  because  Massachusetts  is  the  birthplace  of  popular 
government. 

The  people,  in  all  sections  of  the  country,  have  lost  con- 
fidence in  many  of  their  public  servants.  The  dictator- 
ship by  political  bosses  and  by  representatives  of  special 
interests  is  hotly  resented,  for  these  men  desire  to  control 
public  servants  and  to  direct  legislation  to  their  own  ends. 
They  do  not  desire  the  enactment  of  laws  guaranteeing 
justice  to  all  and  privilege  to  none. 


1118  Governor's  Address. 

Massachusetts  has  always  been  the  leader  at  every 
great  turning  point  in  the  policy  of  the  nation,  and  she 
must  lead  to-day  in  restoring  the  government  into  the 
hands  of  the  people.  She  must  banish  every  power  and 
every  influence  which  is  hostile  to  the  rule  of  the  people. 

She  must  tolerate  no  public  servant  w^ho  arrogates  to 
himself  the  prerogatives  of  government,  or  who  turns  his 
back  to  the  people  at  the  beck  of  special  interests;  for  gov- 
ernment does  not  exist  for  special  interests  or  their 
agents,  —  it  exists  for  the  people.  It  belongs  to  the 
people. 

That,  gentlemen,  is  the  ideal.  Now,  what  are  the  con- 
ditions to-day.  Government  of  the  people  is  coming  to 
be  only  a  name.  Representatives  of  the  monopolistic  in- 
terests have  usurped  the  prerogatives  of  the  people.  They 
have  acquired  too  great  a  control,  and  have  too  largely 
shaped  the  policy  of  federal  and  state  affairs. 

This  usurpation  of  power  can  only  be  ended  by  the 
people  taking  into  their  own  hands  the  direction  and  con- 
trol of  their  government. 

The  first  step  is  to  abolish  the  boss  and  all  his  agencies; 
the  caucus,  the  nominating  convention  and  all  political 
machinery  which  intervenes  between  the  people  and  their 
government. 

All  candidates  for  public  office  without  exception  must 
be  chosen  by  the  people  through  the  direct  primary.  Only 
by  this  means  can  they  be  held  accountable.  Xo  public 
servant  must  have  any  other  master  than  the  people. 

Establish  the  direct  primary,  choose  your  own  public 
servants  without  reference  to  any  machine  or  faction,  make 
them  accountable  only  to  yourselves,  and  popular  govern- 
ment will  be  established. 

To  the  direct  primary  must  be  joined  the  power  of  re- 
call; so  that  any  public  servant  who  proves  recreant  to  his 
trust  may  be  immediately  dismissed. 

Important  as  these  steps  are,  it  is  of  far  greater  impor- 
tance that  the  people  keep  their  power  over  legislation 
through  the  initiative  and  the  referendum. 

Under  the  conditions  which  exist  to-day,  as  I  see  them, 
these  are  the  only  true  safeguards  of  representative  govern- 
ment. 

There  can  be  no  valid  objection  to  these  measures  if  we 
believe  in  the  capacity,  and  therefore  the  right,  of  the  people 
to  govern  themselves. 


Gover:n^or's  Address.  1119 

If  the  people  are  competent  to  exercise  the  power  of  the 
franchise,  then  they  are  competent  to  advise  their  pubhc 
servants  and  recall  them  if  they  are  not  true  to  their 
trust. 

The  referendum  provides  that  an  important  legislative 
measure  shall  be  submitted  to  the  people  upon  their  re- 
quest before  it  becomes  a  law. 

The  initiative  provides  that  the  people  themselves  may 
prepare  and  pass  a  constitutional  amendment  or  an  impor- 
tant law  if  the  legislature  persistently  refuses  to  enact  it. 

Both  these  measures  have  great  influence  for  good,  not 
so  much  in  the  actual  exercise  of  the  power  by  the  people 
as  in  the  potentiality  of  that  power.  Its  very  existence, 
and  the  realization  that  it  may  be  exercised,  renders  use- 
less the  lobbyist,  and  nullifies  the  great  resources  which  the 
special  interests  have  employed  for  improperly  affecting 
legislation. 

Public  servants  who  deem  that  they  represent  themselves 
and  not  their  constituents  naturally  object  to  these  meas- 
ures; and  yet  a  measure  which  is  contrary  to  the  will  of 
the  majority  has  no  justification. 

I  urge  upon  you  a  resolve  for  a  constitutional  amend- 
ment to  provide  for  the  initiative  and  the  referendinn. 

LABOR. 

Labor  is  the  foundation  upon  which  the  structure  of  pop- 
ular government  is  built,  and  as  such  it  must  be  recognized, 
its  just  demands  met,  its  rights  guarded  and  protected. 
It  must  have  every  legislative  safeguard  that  capital  has. 

We  all  recognize  the  right  of  labor  to  organize,  and  we 
must  further  recognize  that  labor  should  be  exempt  from 
unfair  injunction  restrictions,  and  that  the  liberty  or  prop- 
erty of  any  citizen  ought  not  to  be  taken  from  him  with- 
out trial  by  jury. 

It  is  even  more  important  that  the  compensation  of  labor 
be  above  a  bare  living.  It  must  ensure  to  the  workingman 
some  measure  of  protection  to  those  dependent  upon  him. 

We  must  rigidly  define  and  limit  the  hours  of  labor,  es- 
pecially for  women  and  children,  with  due  regard  to  health- 
ful conditions  and  educational  opportunity. 

In  safeguarding  labor  from  unjust  conditions  and  from     . 
destitution  we  can  learn  much  from  Germany,  which  is 
the  home  of  old-age  pensions. 


1120  Governor's  Address. 

In  particular  I  would  direct  your  earnest  attention  to 
the  subject  of  workingmen's  compensation  for  injuries. 
Immediate  and  equitable  legislation  is  demanded,  not  only 
by  the  employee  but  by  the  employer.  A  wise  compensa- 
tion act  is  a  safeguard  to  both  capital  and  labor.  The  cri- 
terion of  such  a  law  must  be  definite,  certain  and  speedy  ad- 
justment of  all  claims,  so  that  they  may  be  discounted, 
alike  by  capital  and  labor. 

The  result  of  such  a  law  is  not  to  be  measured  merely 
by  financial  considerations,  but  by  the  better  relationship 
which  will  be  brought  about  between  the  employer  and  his 
employee. 

Let  Massachusetts  take  the  lead  along  this  humanitarian 
line  of  progress;  for  above  everything  else  we  are  an  indus- 
trial commonwealth.  It  is  therefore  vital  that  our  indus- 
tries be  strengthened  and  our  workmen  safeguarded  by 
wise  and  progressive  legislation. 

VOCATIONAL  TRAINING. 

And  right  here  we  must  recognize  that  a  sound  body  and 
an  industrial  training  and  education  are  the  birtliright  of 
every  citizen.  This  birthright  must  I>e  ensured  to  him  by 
an  industrial  education  which  fits  him  to  earn  his  living. 

We  have  technical  colleges,  but  we  need  industrial  kinder- 
gartens to  teach  our  boys  and  girls  how  to  do  the  simplest 
things  in  life,  and  to  do  them  intelligently. 

This  is  the  age  of  specialization,  even  in  the  ordinary 
vocations.  We  are  specializing  to  so  great  an  extent  that 
old  methods  no  longer  meet  the  industrial  need  of  the  pres- 
ent day.  Our  educational  institutions  must  keep  pace 
with  the  new  order  of  things;  and  for  this  reason  attention 
must  be  given  not  merely  to  the  higher  forms  of  technical 
education,  but  to  what  are  termed  ^■ocational  and  trade 
schools,  in  which  the  youth  may  fit  himself  for  practical, 
e very-day  work. 

This  change  in  our  educational  system  must  come  imme- 
diately, —  even  at  the  expense  of  academic  work,  if  neces- 
sary; for  our  boys  and  girls  on  leaving  school  must  have 
some  practical  training  which  will  make  an  honest  liveli- 
hood possible. 

The  report  of  the  board  of  education  will  be  submitted 
to  the  general  court  this  session,  and  I  recommend  that  it 
receive  most  careful  attention,  esi)ecially  with  respect  to 
vocational,  technical  and  trade  schools. 


GovJi:iiNOK's  Addkkss..  111^1 


TRANSPORTATION. 

From  labor  wc  pass  to  the  next  vital  necessity  of  indus- 
try, —  transportation. 

We  must  encourage  and  extend  by  wise  and  equitable 
legislation  all  the  transportation  facilities  at  our  command, 
in  a  spirit  not  of  hostility  but  of  fairness  and  co-operation. 

We  must  legislate  with  a  view  to  bringing  the  trunk  lines 
not  only  of  this  country  but  of  Canada  to  our  great  terminal 
and  our  ports,  in  order  that  we  may  have  a  wider  distri- 
bution for  our  products  and  a  freer  communication  by  rail 
and  water  with  the  markets  of  the  world. 

We  should  recognize  that  Massachusetts  and  all  New 
England  constitute  a  vast  terminal  for  the  creation  of  busi- 
ness, which  requires  for  its  products  the  widest  distribu- 
tion. We  must  enlarge  these  means  of  distribution  by 
every  method  in  our  power. 

Above  all  things  our  transportation  must  not  be  confined 
to  the  railroads.  We  have  one  of  the  finest  seaports  of  the 
world,  and  its  development  and  use  depend  upon  broad 
legislation  directed  to  both  coastwise  and  foreign  business. 

The  state  must  co-operate  with  its  metropolis,  Boston,  in 
the  ownership  and  development  of  docks  and  terminals, 
in  order  that  the  largest  and  most  modern  steamships  may 
unite  v/ith  the  railroads  in  the  upbuilding  of  our  industry 
and  commerce. 

The  state  must  also  take  immediate  steps  to  outline 
and  construct  a  system  of  waterways  and  canals  to  supple- 
ment the  railroads,  so  that  raw  materials  may  be  secured 
to  our  industries  at  the  lowest  possible  cost. 

We  have  cause  for  gratification  that  work  on  the  Cape 
Cod  canal  is  progressing  so  rapidly,  and  that  its  early  com- 
pletion seems  assured. 

I  believe  that  the  dredging  out  of  the  Merrimac  and 
Connecticut  rivers,  and  the  building  of  the  so-called  Wey- 
mouth canal  from  Fall  River  through  the  Bridgewaters 
and  Brockton  are  among  the  first  undertakings  that  should 
be  inaugurated. 

Other  states  are  entering  upon  work  of  this  character, 
notably  New  York  state,  which  is  spending  millions  on  the 
Erie  Canal;  and  if  we  are  to  hold  our  own  along  industrial 
lines,  we  must  develop  the  internal  waterways  of  the  state. 

In  the  last  session  of  the  general  court  an  expenditure 
of  $3,000,000  was  authorized  to  provide  for  new  piers,  with 


1122  OovKiiNoii's  Address. 

the  condition  that  they  shouhl  be  leased  before  construc- 
tion. I  respectfully  urge  that  this  act  be  amended  so  that 
work  may  begin  immediately,  believing  as  I  do  that  if, 
when  the  piers  are  completed,  they  are  not  quickly  brought 
into  useful  and  ])rofitable  service  by  our  dominant  railroad 
corporations,  then  the  state  can  take  and  ought  to  take 
immediate  steps  to  secure  some  other  tenant. 

QUASI-PUBLIC   CORPORATIONS. 

Right  here  let  me  say  what  I  think  the  attitude  of  the  state 
should  be  with  reference  to  the  quasi-public  corporations. 
In  the  first  place,  I  see  nothing  inimical  in  the  mere  size  of  a 
corporation,  provided,  of  course,  it  is  suitably  regulated. 

On  the  other  hand,  a  holding  company  is  in  theory  wholly 
at  variance  with  the  common  law  and  with  the  statutes 
of  the  state.    It  is  therefore  indefensible. 

It  can  be  regarded  only  as  an  act  of  legislative  complai- 
sance or  of  financial  subterfuge,  and  on  either  of  these 
grounds  it  is  intolerable. 

The  incorporation  of  the  Boston  Holding  Company  was 
special  legislation  in  the  interest  of  privilege.  I  regard  it 
as  one  of  the  most  flagrant  examples  of  pernicious  legisla- 
tion enacted  in  recent  years.  It  legalized  some  of  the  most 
objectionable  corporate  methods. 

The  people  arc  to  be  congratulated  that  the  original  pro- 
posal, permitting  the  company  to  issue  bonds  which  were 
to  be  free  from  taxation,  and  which  were  to  be  a  legal  in- 
vestment for  savings  banks,  was  thwarted.  Legislation  of 
this  character  should  never  again  be  permitted. 

I  would  also  call  attention  to  the  voluntary  associations 
which  issue  shares  evidencing  a  particijjating  ownership, 
but  which,  under  existing  laws,  are  subject  to  none  of  the 
regulations  as  to  publicity  and  taxation  that  apply  to  both 
business  and  public-service  corporations. 

I  do  not  recommend  the  appointment  of  a  special  com- 
mission to  consider  this  subject,  but  I  believe  that  the  tax 
commissioner  nuiy  well  be  directed  to  investigate  the  further 
regulation  by  the  connnonwealth  of  such  voluntary  associa- 
tions, and  to  report  thereon  to  the  next  general  court,  with 
specific  reconnnendations. 

I  also  think  there  should  be  a  change  of  method  on  the 
part  of  the  public-service  corporations  in  sei^king  legisla- 
tion from  the  general  court.     The  old  method  of  framing 


GovEiiNou's  Adduess.  1123 

desired  legislation  behind  elosed  doors,  througli  legislative 
agents  and  the  lobby,  should  be  entirely  discontinued. 
There  is  no  occasion  for  secrecy,  but,  on  the  contrary,  for 
the  greatest  degree  of  publicity. 

The  corporation  before  coming  to  the  legislature  should 
put  its  case  before  the  people  themselves,  through  the  press 
and  by  public  meetings,  if  necessary,  and  in  this  way  en- 
lighten the  people  fully  and  frankly  as  to  just  what  it  wants 
and  what  it  proposes  to  give  in  return. 

The  people  will  then  be  in  a  position  to  advise  their  leg- 
islators. The  corporation  should  do  this  with  the  greatest 
frankness,  revealing  not  merely  a  part  of  the  truth,  but  the 
whole  truth. 

My  own  experience  in  corporate  management  is  that 
when  the  people  thoroughly  understand  a  proposition  they 
act  with  intelligence  and  fairness.  If  the  corporation  meets 
the  public  in  this  spirit  of  honesty  and  co-operation,  then 
the  public  in  return  will  grant  more  liberal  concessions 
than  can  be  secured  in  any  other  way.  These  methods  will 
command  the  confidence  and  enlist  the  capital  of  the  people 
for  these  enterprises. 

This  procedure  on  the  part  of  the  corporations  will  for- 
ever end  the  lobby  and  its  attendant  train,  and  it  will  inev- 
itably give  the  corporation  all  that  it  is  entitled  to. 

THE  JUDICIARY. 

I  think  we  are  all  agreed  that  the  first  duty  of  a  free  gov- 
ernment is  to  ensure  the  prompt  enforcement  of  legal  rights 
as  between  man  and  man.  There  is  no  excuse  for  a  delay 
of  years  before  a  plaintiff  can  finally  establish  his  rights,  or 
a  defendant  be  finally  relieved  of  the  trouble  and  uncertainty 
of  a  lawsuit. 

I  am  well  aware  that  in  this  state  delays  in  the  trial  of 
causes  have  amounted  to  a  practical  denial  of  justice. 

It  is  evident  that  some  method  must  be  found  of  clear- 
ing the  dockets  of  the  superior  court,  so  that  cases  may  be 
speedily  heard  and  determined;  and  to  this  end  I  recom- 
mend that  the  number  of  justices  be  increased. 

I  further  recommend  that  the  present  salaries  of  the  jus- 
tices of  the  supreme  judicial  and  superior  courts  be  in- 
creased; and,  as  a  condition  of  this  increase,  I  recommend 
that  the  courts  open  for  their  fall  term  on  the  Tuesday  suc- 
ceeding Labor  Day. 


1124  GrOVERNOK's   ADDRESS. 

I  would  I'urtlier  recommeiul  that  this  legishitiire  care- 
fully reconsider  the  report  of  the  commission  a])pointeil  to 
study  the  conditions  in  our  courts,  and  see  whetlier  more 
of  their  recommendations  cannot  now  be  adopted. 

I  would  also  recommend  that  the  supreme  judicial  and 
superior  courts  be  given  full  control  and  regulation  of  their 
trial  dockets. 

In  respect  to  criminal  cases,  it  is,  in  my  judgment,  out- 
rageous that  a  suspected  person  must  now  remain  imi)ris- 
oned  for  a  long  period  before  a  hearing  can  be  given  and 
his  rights  detennined.  This  violates  all  public  sense  of  jus- 
tice, and  should  be  remedied. 

FINANCE   BOARD. 

The  affairs  of  the  commonwealth  pertaining  to  the  con- 
duct of  the  public  business  are  essentially  of  a  business 
character,  and  they  should  be  conducted  along  well-estab- 
lished business  lines,  such  as  prevail  in  any  great  corporation. 

The  IVIassachusetts  commission  on  the  cost  of  living  says 
that  "the  methods  of  compiling  statistics  in  various  state, 
county,  city  and  town  administrative  departments  .  .  .  ap- 
pear to  be  an  arithmetical  chaos.  They  need  simplifica- 
tion and  co-ordination;  they  should  supplement  and  explain 
each  other,  and  lead  to  some  clear  and  logical  conclusion." 

In  the  administration  of  the  several  counties  of  this  state 
officials  have  multiplied  and  expenses  grown,  until  to-day 
it  is  virtually  impossible  to  determine  how  much  the  comi- 
ties cost  or  how  many  officers  are  employed,  or  to  obtain 
any  definite  information  regarding  county  affairs. 

To  accomplish  this  end,  it  is  necessary  that  some  central 
authority  be  appointed  by  the  state,  with  power  to  investi- 
gate and  report  to  the  public  on  the  business  methods  of 
the  various  state  and  county  dej)artmcnts,  and,  when  occa- 
sion demands,  city  and  town  governments. 

Such  a  l)oard,  with  powers  covering  the  whole  state,  hav- 
ing authority  to  summons  persons  with  papers,  should  be 
authorized  by  the  legislature.  This  board,  to  reach  its 
highest  efficiency,  should  be  non-]>artisan  in  its  broadest 
sense.  The  result  of  its  work  will  be  of  the  highest  impor- 
tance as  a  means  of  preventing  fraud  and  extravagance. 

Another  branch  of  the  state's  business  in  which  a  higher 
efficiency  is  demanded  is  that  relating  to  the  wards  of  the 
state. 


Governor's  Address.  1125 

During  the  year  1909  we  have  spent  more  than  the  total 
amount  of  the  direct  state  tax  in  the  care  of  our  charitable 
and  correctional  institutions.  The  tax  amounted  to  $4,- 
500,000;  the  expense  stated  amounted  to  over  $4,900,000. 

While  it  must  ever  remain  our  fixed  duty  to  protect  these 
helpless  ones,  yet  immediate  steps  should  be  taken  to  pre- 
vent such  a  large  and  increasing  number  of  persons  from 
losing  the  power  of  self-support,  either  through  mental, 
moral  or  physical  sickness,  or  through  that  industrial  inef- 
ficiency which  leads  to  pauperism. 

We  should  seek  out  all  the  causes  which  result  in  the 
loss  of  personal  independence  and  self-supporting  power, 
and  apply  scientific  measures  of  personal  help  to  all  who 
are  drifting  toward  our  public  institutions. 

This  is  the  greatest  problem  at  present  confronting  us. 
In  the  endeavor  to  solve  it,  I  call  upon  all  citizens  who  are 
properly  qualified  by  training  and  experience  to  advise  the 
executive  office  freely,  as  a  matter  of  public  duty.  I  shall 
also  at  the  earliest  possible  moment  secure  the  services  of 
the  most  competent  experts,  with  a  view  to  recommending 
the  necessary  legislation. 

STATE    COMMISSIONS. 

On  business  principles,  I  am  not  in  favor  of  commissions 
as  a  means  of  transacting  public  business,  unless  they  are 
appointed  subject  to  recall,  for  I  believe  their  tendency  is 
not  in  accord  with  popular  or  representative  government. 

They  have  practically  no  check  placed  over  them.  They 
multiply  unnecessary  officers  and  clerks,  and  thereby  in- 
crease the  expense  of  carrying  on  the  work  of  the  different 
branches  of  the  state's  activities. 

Therefore,  I  shall  doubtless  recommend  the  elimination 
of  some  and  the  consolidation  of  other  commissions. 

I  now  advise  the  abolition  of  the  following  commissions 
which  relate  to  quasi-public  corporations,  namely:  the  rail- 
road commission;  the  gas  and  electric  light  commission; 
the  Boston  transit  commission;  and  the  highway  commis- 
sion, which  includes  the  supervision  of  the  telephone  and 
telegraph  companies.  And  in  their  place  I  recommend  the 
creation  of  a  public  utilities  board,  which  should  consolidate 
the  functions  of  these  commissions,  with  the  stipulation 
that  the  tax-collecting  function  of  the  highway  commission 
shall  revert  to  the  state  treasurer's  department. 


1126  Goveknor's  Address. 

This  board  should  be  composed  of  five  members,  whose 
terms  should  be  for  ten  years,  subject  to  the  recall  of  any 
member  at  any  state  election.  The  chairman  should  be  a 
lawyer.  This  board  should  have  the  right  to  employ  and 
hear  counsel;  its  decisions  should  be  in  wiiting,  with  the 
vote  of  each  member  recorded;  and  it  should  have  the 
power  of  initiative. 

HOME    RULE    FOR   CITIES. 

I  regard  home  rule  for  the  cities  as  an  essential  part  of 
popular  go^'ernment.  The  responsibility  for  good  govern- 
ment in  our  municipalities  must  rest  directly  upon  the 
citizens,  and  they  should  be  sovereign  in  the  affairs  of  their 
city. 

I  believe  that  the  people  can  be  trusted  to  elect  com- 
petent, honest  and  efficient  public  servants.  In  the  event 
of  failure,  the  moral  and  intellectual  education  of  such 
failure  is  worth  all  it  costs. 

The  responsibility  for  good  government  cannot  be  shifted 
from  the  people. 

Our  first  duty,  as  I  see  it,  is  to  create  a  greater  Boston 
by  the  confederation  of  all  the  towns  and  cities  within  a 
radius  of  at  least  ten  miles,  and  possibly  more. 

I  maintain  that  our  suburban  citizens,  whose  business 
interests  bring  them  to  Boston  daily,  who  enjoy  the  pro- 
tection of  her  police  and  the  use  of  her  highways,  and  who 
are  included  within  her  five-cent  fare  limit,  have  no  right 
to  stamp  the  dust  from  their  feet  at  5  o'clock,  and  assume 
that  they  have  no  further  responsibility  for  the  good  gov- 
ernment of  the  very  city  in  which  they  earn  their  liveli- 
hood, and  where  their  commercial  and  financial  interests 
are  centered. 

For  example,  the  rapid-transit  system  that  Boston  main- 
tains is  far  more  in  the  interest  of  these  suburban  com- 
munities than  in  the  interest  of  the  city  of  Boston. 

It  is  my  observation  that  the  people  who  have  made 
the  loudest  protest  against  the  city  government  have  been 
those  who  sleep  and  pay  their  taxes  outside  the  city  limits. 

I  contend  that  it  is  the  duty  of  these  suburban  towns  and 
cities  which  are  already'  part  of  the  metroj)()litan  district 
to  unite  with  the  city  itself  in  the  creation  of  a  great  me- 
tropolis. This  union  should  be  not  merely  a  commercial, 
but  also  a  political  one. 


Governor's  Address.  1127 

We  should  have  a  union  on  the  borough  system,  under 
which  these  several  towns  and  cities  might  preserve  their 
autonomy,  their  individuality  and  historic  interest,  but 
under  which  they  would  contribute  by  their  franchise  and 
their  personal  service  to  the  better  government  of  the  met- 
ropolitan city. 

However  much  individual  opinion  may  vsiry  on  the  de- 
tails of  this  plan,  this  much  is  certain,  that  we  shall  never 
attain  the  status  or  reap  the  rewards  of  a  great  metropolitan 
community  until  we  have  replaced  our  narrow  provin- 
cialism by  the  broad  spirit  of  co-operation  and  service. 

ELECTION    REFORMS. 

Turning  now  to  the  consideration  of  our  election  methods, 
let  us  give  earnest  thought  to  the  subject  of  campaign  ex- 
penses. 

The  use  of  money  in  our  elections  has  become  a  great 
evil,  for  it  amounts  to  a  substantial  denial  of  the  privilege 
of  a  man  of  moderate  means  to  aspire  to  many  public  offices 
in  the  commonwealth;  or  else  it  overwhelmingly  tempts  him 
to  make  his  secret  peace  with  those  private  interests  which 
will  finance  his  campaign  if   he  will  serve  them  in  office. 

It  has  become  no  small  part  of  the  lobby  to-day  to  go 
about  the  state  before  the  caucuses,  "setting  up  districts;" 
in  other  words,  making  private  agreements  to  supply  can- 
didates with  campaign  funds  if  they  will  promise  in  return 
to  be  friendly  to  the  interests  the  lobby  is  serving. 

To  correct  this  evil  it  is  necessary  to  prohibit  those  meth- 
ods of  campaigning  which  cost  so  much  money,  and  are  not 
in  themselves  necessary  for  the  proper  enlightenment  of  the 
voters. 

A  healthy  man  does  not  need  —  and  ought  not  to  have  — 
a  carriage  to  convey  him  to  the  polls  to  perform  a  duty 
which  he  owes  to  his  country,  his  state  and  his  family. 

The  burden  of  hiring  carriages  and  automobiles  is  too 
great  for  a  candidate  poor  in  his  own  purse,  and  not  pledged 
to  some  strong  financial  interest,  to  assume. 

The  occasional  carriage  which  is  needed  to  convey  an 
infirm  man  to  the  polls  the  state  ought  to  furnish. 

For  these  reasons  I  recommend  that  the  general  court 
prohibit  the  hiring  of  carriages  to  transport  voters  to  the 
polls  in  any  state,  city  or  town  election,  except  such  as  may 
be  provided  by  the  state  for  the  use  of  the  disabled. 


1128  GovERNOii's  Address. 

As  for  the  able-bodied  voter,  it  would  be  far  better  to 
provide  a  penalty  for  unreasonably  neglecting  to  go  to  the 
polls,  or  to  give  the  warden  of  the  election  precinct  power 
to  issue  a  warrant  and  bring  him  to  the  polls;  just  as  the 
speaker  of  the  house  can  order  the  sergeant-at-arms  to 
arrest  and  bring  a  member  to  his  seat  when  his  presence 
is  needed. 

If  it  be  not  constitutional  to  compel  citizens  to  do  their 
civic  duty,  Massachusetts  ought  to  take  the  lead  in  such 
wise  legislation  by  making  it  so. 

In  my  judgment,  the  state  should  provide  the  political 
parties  with  halls  in  which  to  hold  rallies  in  state  elections, 
and  should  also  provide  a  circular  in  which  the  candidates 
may  state  to  the  voters  the  arguments  in  support  of  their 
candidacy.  For  the  giving  of  political  information  to  the 
voters  and  expounding  the  political  principles  of  the  can- 
didates is  not  a  privilege  of  the  candidate,  but  is  a  privilege 
of  the  voters  themselves;  not  a  j^rivilege  of  a  political 
party,  but  a  privilege  of  government  itself,  —  since  those 
who  are  to  handle  the  machinery  of  government  must  be 
chosen  upon  the  fullest  information  and  must  conduct  it 
upon  correct  principles. 

The  government  itself  is  the  chief  beneficiary  of  the  pub- 
lic meetings  which  are  held  to  discuss  political  measures 
and  candidates.  Hence  the  government  ought  to  supply 
halls  in  the  difYerent  cities  and  towns  once  during  a  cam- 
paign for  the  candidates  of  all  political  parties. 

I  am  of  the  opinion  that  the  armories  and  assembly  halls 
in  cities  and  towns  should  be  freely  opened  to  the  citizens 
for  political  meetings. 

The  meetings  suggested  will  act  to  stimulate  the  citi- 
zens to  take  a  closer  and  more  personal  interest  in  shap- 
ing the  policies  of  their  government. 

This  will  tend  to  lessen  the  influence  of  the  men  or  cor- 
porations offering  to  pay  campaign  expenses.  It  will  give 
the  man  of  moderate  means  a  more  equal  chance  to  serve 
his  state,  and  it  will  promote  the  independence  of  our  pub- 
lic servants. 

DIRECT   NOMINATIONS. 

I  also  recommend  that  legislation  be  enacted  calling  for 
the  ])opular  nomination  of  United  States  senators. 

Twenty-nine  state  legislatures  have  now  passed  resohi- 


Governor's  Address.  1129 

tions  to  this  end,  and  all  but  two  of  the  remaining  states 
have  expressed  themselves  as  favoring  direct  elections  in 
one  form  or  another.  Twenty-two  states  through  various 
laws  now  nominate  their  senators  by  the  vote  of  the  people; 
and  seven  states  have,  through  the  voluntary  action  of  the 
political  parties,  arrived  at  the  same  result. 

Four  times  has  the  national  house  of  representatives 
given  the  two-thirds  vote  required  for  an  amendment  of 
the  constitution  in  this  respect,  and  four  times  has  the 
United  States  senate  defeated  the  amendment.  The  last 
vote  of  the  house  in  1902  was  unanimous. 

Last  May  the  house  of  representatives  of  this  com- 
monwealth voted  in  favor  of  such  direct  vote,  but  the  sen- 
ate defeated  the  resolution.  Thus  I  have  the  endorsement 
of  the  popular  branch  of  the  general  court  in  recommend- 
ing that  a  measure  be  passed,  under  which  the  legislators 
may  be  instructed  by  the  people  as  to  their  choice  for 
United  States  senator. 

LEGISLATIVE   DISTRICTS. 

The  federal  law  requires  the  redistricting  of  the  state  at 
this  time.  The  purpose  of  this  provision  is  not  only  to 
ensure  a  fair  congressional  apportionment,  but  to  guarantee 
that  the  people  shall  be  equitably  represented  in  the  state 
legislature. 

In  the  past  this  redistricting  has  been  governed  too 
largely  by  partisan  considerations,  and  the  districts  have 
been  laid  out  with  a  view  to  serving  the  interests  of  the 
dominant  political  party  in  the  state. 

The  necessity  for  such  a  reform  has  just  been  clearly 
shown  at  our  state  election. 

The  plurality  of  over  35,000  which  I  received  on  clear- 
cut  issues  indicated  unmistakably  and  overwhelmingly  the 
will  of  the  people. 

Moreover,  in  the  total  popular  vote  for  the  lower  house 
of  our  legislature  a  plurality  of  over  38,000  was  registered 
against  the  return  of  our  senior  senator  to  the  United  States 
senate.  Yet,  owing  to  our  gerrymandered  districts,  we 
have  to-day  a  small  republican  majority  in  the  legislature, 
when  an  honest  division  of  the  state  into  districts  would 
have  shown  a  democratic  majority;  and  we  are  confronted 
with  the  possibility  of  returning  to  the  senate  of  the  United 


1130  Governor's  Address. 

States  a  man  whose  retirement  the  people  thus  clearly  de- 
manded. 

In  view  of  these  facts  and  figures,  1  confidently  expect 
that  this  legislature  will  have  the  courage  to  obey  the  mani- 
fest will  of  the  people,  and  elect  a  senator,  irrespective  of 
party,  who  represents  the  progressive  platform  for  which 
the  majority  of  the  people  voted. 

No  matter  how  bravely  you  approach  this  present  prob- 
lem, this  evil  of  false  representation  will  always  confront 
us  until  we  attack  it  at  its  root. 

Our  methods  are  not  in  accord  with  the  new  order  of 
things,  and  I  respectfully  recommend  that  in  the  redis- 
tricting  of  the  state  no  consideration  whatever  shall  be 
given  to  partisan  schemes,  but  that  every  district  shall  be 
laid  out  on  geometrical  lines  by  the  state  engineers. 

I  recommend  that  the  boundaries  of  districts  so  far  as 
possible  shall  conform  to  parallels  of  latitude  and  merid- 
ians of  longitude;  and  that  each  district  must  possess  the 
shortest  possible  boundary  lines,  and  hence  be  rendered  as 
compact  as  this  arbitrary  method  of  surveying  and  the 
distribution  of  population  will  permit. 

In  spite  of  all  opposition,  the  initiative,  the  referendum 
and  the  recall  are  already  at  hand.  They  represent  popu- 
lar government  in  its  highest  conception.  We  who  know 
the  town  meeting  should  recognize  the  value  of  the  prin- 
ciple when  it  is  proposed  to  extend  it  to  the  state;  it  is 
democratic  to  the  core. 

The  intelligence  of  the  people,  of  the  press  and  of  leg- 
islators will  be  heightened  by  the  study  of  specific  meas- 
ures; better  men  will  enter  public  life;  class  legislation 
will  be  discouraged  by  the  united  vote  of  all  classes;  the 
farmers  and  laboring  men  will  secure  the  full  measure  of 
their  influence  in  public  affairs;  restraints  will  be  removed 
upon  needed  reforms,  and  respect  for  law  will  be  increased 
when  every  statute  represents  the  will  of  a  majority  of  the 
people;  the  ignorant  and  indifferent  will  have  less  weight 
in  such  decisions,  and  the  people  can  exercise  their  intelli- 
gence better  in  voting  for  certain  measures  than  for  un- 
certain men. 

The  day  of  success  is  often  the  most  critical  in  the  his- 
torj'^  of  men  as  well  as  of  parties;  and  at  the  monuMit  when 
it  is  evident  that  the  peoj)le  of  this  state  ha\e  given  us 
their  confidence  and  entrusted  us  with  their  interests,   it 


Governor's  Address.  1131 

becomes  our  duty  to  study  the  motives  which  have  actu- 
ated them. 

It  is  undoubtedly  true  that  to  a  great  extent  the  election 
this  year  has  been  a  protest  against  republican  misgovern- 
ment  and  the  failure  of  that  party  to  redeem  its  pledges 
to  honestly  revise  the  tariff,  and  by  so  doing  to  remove  the 
burdens  of  unequal  taxation  from  the  masses  of  the  people. 


SPECIAL   MESSAGES. 


THE  FOLLOWING  SPECIAL  COMMUNICATIONS  WERE  MADE  BY 

HIS   EXCELLENCY    THE    GOVERNOR    TO    THE    GENERAL 

COURT    DURING    THE    ANNUAL    SESSION. 

[To  the  honorable  Benate  and  house  of  representatives,  January  6,  191L] 

I  liave  the  honor  to  transmit  herewith  to  the  general 
court  a  report  of  the  pardons  granted  in  1910,  left  with  me 
by  my  predecessor  in  office. 

EUGENE  K  FOSS. 


[To  the  honorable  senate  and  house  of  representatives,  January  5,  1911.] 

I  have  the  honor  to  present,  herewith,  in  compliance  with 
chapter  50  of  the  resolves  of  1860,  a  report  of  the  forty- 
seven  pardons  issued  by  the  governor,  with  the  advice  of 
the  council,  during  the  year  of  my  administration  just 
closed.  Of  the  number  thus  released,  fifteen  were  in  the 
state  prison,  eleven  in  houses  of  correction,  thirteen  in  the 
Massachusetts  reformatory,  seven  in  the  reformatory  prison 
for  women  and  one  in  the  state  farm.  Serious  illness  was 
the  controlling  reason  for  the  discharge  of  one. 

EBEIT  S.  DRAPER. 

'No.  1.  Joseph  E.  Howard.  Convicted  of  breaking  and  Pardons, 
entering,  Superior  Court,  Essex  county,  February  term, 
1909.  Sentenced  to  the  house  of  correction  for  two  years. 
Pardoned  Jan.  12,  1910,  on  the  recommendation  of  the  dis- 
trict attorney,  who  certified  that :  '"  Howard  was  a  stranger 
in  this  part  of  the  country,  his  home  being  in  the  west,  and 
little  was  known  of  him  at  the  time  of  his  trial.  After  his 
sentence  a  letter  was  recx^ivod  by  the  police  of  the  city  of 
Lynn,  informing  them  who  he  was,  and  that  his  family  was 
a  respectable  one,  his  father  being  a  minister.  So  far  as  we 
can  learn  this  is  the  first  trouble  that  Howard  was  ever  in, 


Special  Messa(;es. 

and  the  chief  of  police  of  Lynn  informs  me  that  under  the 
circumstances  he  is  quite  willing  that  Howard  be  released 
and  allow'ed  to  go  to  his  home  in  the  west.  I  understand 
that  his  relatives  will  furnish  him  with  the  means  of  trans- 
portation. I  cannot  see  any  reason  why  I  should  oHer  any 
objection  to  his  being  released,  in  view  of  all  the  circum- 
stances." The  probation  officer  concurred  in  this  recommen- 
dation. 

]S[o.  2.  Chamalis  Haoukdin.  Convicted  of  assault  with 
intent  to  commit  rape,  Superior  Court,  Middlesex  county, 
June  30,  1907.  'Sentenced  to  state  prison  for  from  ten  to 
fifteen  years.  Pardoned  Jan.  19,  1910,  upon  the  recom- 
mendation of  the  district  attorney,  who  was  strongly  of  the 
opinion,  upon  evidence  submitted  to  him  since  the  trial,  that 
Haourdin  was  guilty  of  only  assault  and  battery. 

Xo.  3.  William  Carroll.  Convicted  of  breaking  and 
entering  and  larceny,  Superior  Court,  Bristol  county,  June 
16,  1905.  Sentenced  to  state  prison  for  from  five  to  seven 
years.  Pardoned  Jan.  26,  1910,  upon  the  recommendation 
of  the  district  attorney,  who  believed  that  the  ends  of 
justice  had  been  served  by  a  pardon  at  this  time. 

Xo.  4.  XiciiOLAS  Vendola.  Convicted  of  abuse  of  a 
female  child,  Superior  Court,  Suffolk  county,  Dec.  2,  1905. 
Sentenced  to  state  prison  for  from  nine  to  twelve  years. 
Pardoned  Feb.  2,  1910.  Vendola  was  convicted  upnu  the 
testimony  of  the  complainant,  who  was  of  immoral  charac- 
ter, and,  as  has  been  proven  since  the  trial,  was  more  than 
sixteen  years  of  age.  The  district  attorney  certified  that 
"  if  it  can  be  clearly  shown  that  she  was  over  sixteen  years 
of  age  at  the  time  of  the  alleged  rape,  it  ought  to  have  a 
material  bearing  in  favor  of  a  pardon." 

No.  5.  Gkoroe  Jett,  alias  William  Mason.  Convicted 
of  robbery,  Superior  Court,  Bristol  county,  Nov.  13.  1908. 
Sentenced  to  state  prison  for  from  three  to  four  years. 
Pardoned  Feb.  4,  1910.  Jett  had  been  indicted  in  New 
York  for  nnirder  in  the  first  degree.  His  sentence  was 
commuted  for  the  ])urpose  of  delivering  him  to  the  New 
York  officers,  who  came  with  requisition  papers  from  gov- 
ernor TTughes. 


Special  Messa(;es.  1135 

No.  6.  John  E.  Mation.  Convicted  of  larceny,  Supe-  Pardons, 
rior  Court,  Suffolk  county,  Feb.  12,  1909.  Sentenced  to 
the  house  of  correction  for  two  years.  Pardoned  Feb.  4, 
1910,  upon  the  recommendation  of  the  prisoner's  employ- 
ers, from  whom  the  money  was  stolen,  and  many  of  the 
leading  citizens  of  Dorchester.  It  was  thought  that  his  acts 
were  not  so  much  of  intent  as  of  deed.  He  had  always 
borne  an  unblemished  reputation,  and  it  was  believed  that 
he  had  been  sufficiently  punished  and  would  hereafter 
follow  an  honest  life.  He  was  the  sole  support  of  his 
mother  and  invalid  sister,  who  were  in  very  reduced  cir- 
cumstances. 

'No.  7.  Edward  Murphy.  Convicted  of  robbery,  Su- 
perior Court,  Suffolk  county,  Jan.  22,  1904.  Sentenced  to 
state  prison  for  from  ten  to  fifteen  years.  Pardoned  Feb. 
23,  1910.  The  circumstances  of  this  case  were  as  follows: 
Murphy  and  one  Dunn  met  a  young  man  on  Hawkins  street 
and  forcibly  deprived  him  of  the  sum  of  five  dollars.  No 
v\'eapons  were  used,  nor  was  any  physical  injury  inflicted. 
At  that  time  Murphy  was  twenty-two  years  of  age.  He  was 
transferred  to  the  Massachusetts  reformatory  in  1905. 
The  pardon  was  recommended  by  the  district  attorney  who 
tried  the  case,  with  the  firm  belief  that  from  all  indications 
there  was  little  likelihood  of  his  again  committing  a  serious 
offence.  Judge  Bond,  who  presided  at  the  trial,  concurred 
with  him  in  this  recommendation.  The  severity  of  the  sen- 
tence was  in  part  due  to  the  fact  that  at  about  this  time 
robberies  in  Boston  were  frequent,  and  it  was  deemed  best 
to  impose  sentences  of  a  deterring  nature. 

No.  8,  Agnes  M.  Fitzpatrick.  Convicted  of  drunken- 
ness, Municipal  Court  of  Boston,  Nov.  13,  1909.  Sen- 
tenced in  the  reformatory  prison  for  women  on  an  inde- 
terminate sentence.  Pardoned  March  9,  1910.  It  was 
believed  that  the  ends  of  justice  had  been  satisfied  by  the 
imprisonment  already  suffered.  She  had  a  good  home  and 
a  sick  child,  who  needed  a  mother's  care. 

No.  9.  John  E.  Morris.  Convicted  of  vagrancy.  Dis- 
trict Court  of  Central  Berkshire,  Sept.  29,  1909.  Sen- 
tenced to  the  state  farm  on  an  indeterminate  sentence. 
Transferred   to   the   Massachusetts   reformatory   Nov.    4, 


113(5  Special  Messages. 

Pardons.  ^^qqq^     Pardoiiccl  Marcli  9,  1910,  on  the  ground  that  he 

had  been  sufficiently  punished.     He  was  in  no  sense  a 
vagrant,  but  had  a  good  home  and  a  mother  in  Pittsfield. 

No.  10.  Joseph  Russo.  Convicted  of  rape,  Superior 
Court,  Suffolk  county,  Dec.  21,  1905.  Sentenced  to  state 
prison  for  from  five  to  seven  years.  Pardoned  March  IG, 
1910.  Russo  was  convicted  solely  on  the  testimony  of  the 
complainant,  who  did  not  bear  a  good  character,  and  has 
since  been  confined  in  an  institution  for  girls.  It  was  be- 
lieved that  he  was  not  guilty  of  the  crime  of  rape,  but  of 
another  offence,  for  which  the  maximum  penalty  is  three 
years. 

'No.  11.  Joseph  Beaga.  Convicted  of  robbery,  Supe- 
rior Court,  Bristol  county,  Nov.  27,  1909.  Sentenced  to  the 
Massachusetts  reformatory  on  an  indeterminate  sentence. 
Pardoned  March  23,  1909,  on  recommendation  of  the  dis- 
trict attorney.  The  circumstances  which  developed  at  the 
time  of  the  trial  indicated  that  this  defendant  took  no  per- 
sonal part  in  the  theft,  except  for  the  testimony  of  one  wit- 
ness, who  now  says  that  he  was  mistaken  in  his  testimony. 
The  defendant  was  of  a  party  of  seven,  and  the  district 
attorney  was  never  satisfied  in  his  mind  whether  or  not  this 
defendant  personally  had  any  criminal  intent ;  but,  being 
present  and  aiding  and  abetting,  as  appeared  at  the  trial,  he 
was  convicted  on  that  basis.  The  district  attorney  was  of 
the  opinion  that  the  interests  of  public  justice  would  not 
suffer  by  his  release. 

No.  12.  William  J.  Costello.  Convicted  of  drunken- 
ness. District  Court  of  Central  Berkshire,  Nov.  15,  1909. 
Sentenced  to  the  Massachusetts  reformatory  on  an  indeter- 
minate sentence.  Pardoned  March  23,  1910,  upon  the  rec- 
ommendation of  the  justice  who  imposed  the  sentence  and 
the  probation  officer,  who  believed  that  the  purpose  of  his 
connnitment  had  been  accomplished,  and  that  hereafter  he 
would  lead  an  orderly  life. 

No,  13.  Arthur  Donogtiue.  Convicted  of  being  idle 
and  disorderly.  Municipal  Court  of  Boston,  Sept.  30,  1909. 
Sentenced  to  the  Massachusetts  refornuitory  on  an  inde- 
terminate sentence.  Pardoned  -March  23,  1910.  He 
belonged  to  a  family  in  South  Boston  that  was  much  re- 


Special  Messages.  1137 

spectcd.     His  father  had  died  since  his  coininitnicut.     Im-  Pardons, 
mediate  empl(\yi]ient  a\vaited  him.     It  was  believed  that  he 
had  been  siiificiently  punished. 

No.  14.  John  H.  Devine.  Convicted  of  breaking  and 
entering,  Superior  Court,  Suffolk  county,  July  d,  1007. 
Sentenced  to  state  prison  for  from  six  to  seven  years. 
Pardoned  March  30,  1910,  upon  the  recommendation  of  the 
justice  who  imposed'  the  sentence  and  the  ex-assistant  dis- 
trict attorney.  The  offence  for  which  he  was  convicted  was 
for  entering  buildings  in  process  of  construction  and  the 
taking  of  tools  of  a  nominal  value.  When  sober  he  was 
always  a  good  citizen,  living  in  a  good  home  and  sur- 
rounded by  wholesome  influences.  His  offences  did  not  at 
all  partake  of  the  character  of  professional  housebreaking, 
and  a  recent  statute  fixing  six  months  as  the  penalty  for  the 
larceny  of  tools  indicates  the  legislative  view  as  to  the 
mildness  of  the  offence.  He  had  served  more  than  two 
years  and  a  half  of  his  sentence,  and  in  the  opinion  of  the 
petitioners  all  the  advantage  of  a  prison  sentence  had  been 
accomplished  in  his  case. 

'No.  15.  Willis  C  Medfokd.  Convicted  of  being  a 
tramp,  Police  Court  of  Lynn,  Sept.  15,  1908.  Sentenced  to 
the  state  farm  on  an  indeterminate  sentence  and  trans- 
ferred to  the  Massachusetts  reformatory.  Pardoned  April 
13,  1910.  This  boy,  seventeen  years  old,  appealed  to  a 
police  officer  in  Lynn  for  a  night's  lodging.  He  was  told 
that  if  given  a  lodging  at  the  police  station  he  must  go  to 
court  the  next  morning,  and  might  be  sentenced  to  the  state 
farm.  He  said  he  would  prefer  to  go  there,  as  he  had  no 
home  or  money.  His  sister,  who  had  lost  all  track  of  him 
for  ten  years,  stood  ready  to  give  him  a  home. 

ISTo.  16.  James  T.  Cassidy.  Convicted  of  conspiracy 
and  larceny,  Superior  Court,  Suffolk  county,  June  term, 
1909.  Sentenced  to  the  house  of  correction  for  one  year. 
Pardoned  April  20,  1910,  upon  the  petition  of  the  twelve 
jurors  who  convicted  him,  who  believed  that  he  had  been 
sufficiently  punished. 

No.  IT.  Catheikine  Hilladay.  Convicted  of  drunken- 
ness, Police  Court  of  Lowell,  December,  1909.     Sentenced 


1138  Special  MEstrJAGES. 

Pardons.  fo  tlic  Massacliiisetts  reformatory  on  an  iiKlclonninatc  soii- 

tcnce.  Pardoned  April  27,  1910,  upon  tlic  recommenda- 
tion of  ])robation  officer  Ramsay  of  Lowell,  who  personally 
apj)eared  and  nroed  a  |)ardon.  She  had  a  hnsband  and 
three  small  children  who  were  very  nuich  in  need  of  her 
care.  The  hnsLand  had  taken  a  ]iew  home  in  another  lo- 
cality, and  believed  she  would  do  well  if  released. 

Xo.  18.  Katherine  Siiepakd.  Convicted  of  disturb- 
ing the  peace,  District  Court  of  Central  Berkshire,  Nov. 
20,  1909.  Sentenced  to  the  reformatory  prison  for  women 
on  an  indeterminate  sentence.  Pardoned  Ajnil  27.  1910, 
upon  the  recommendation  of  the  justice  who  imposed  the 
sentence,  who  believed  the  ends  of  justice  had  been  served. 
She  had  two  children  who  were  left  alone  at  home  while 
their  father  was  working  in  the  mill.  She  was  not  an 
habitual  drinker. 

Xo.  19.  Annie  M.  Feeney.  Convicted  of  drunken- 
ness. First  District  Court  of  Eastern  Middlesex,  March  9, 
1910.  Sentenced  to  the  reformatory  prison  for  women  on 
an  indeterminate  sentence.  Pardoned  May  4,  1910,  upon 
the  recommendation  of  the  presiding  justice  of  the  first 
district  court  and  the  probation  officer,  on  the  ground  of 
her  being  a  non-resident  of  the  state  and  having  a  good 
home  to  go  to,  and  it  being  also  her  first  offence. 

No.  20.  AValter  Hamlyn.  Convicted  of  robbery,  Su- 
perior Court,  Suffolk  county,  IMay  14.  1909.  Sentenced 
to  the  Massachusetts  reformatory  on  an  indeterminate  sen- 
tence. Pardoned  May  4,  1910,  ujxin  the  reconunendation 
of  the  district  attorney  who  prosecuted  the  case  and  the 
assaulted  party,  who  has  confessed  that  he  was  the  cause 
of  the  altercation,  and  that  TIamlyn  was  not  guilty  of  the 
crime  for  which  he  was  convicted. 

No.  21.  Nathan  NuliMan.  Convicted  of  stubbiu-nness, 
Second  District  Court  of  Bristol,  Feb.  15,  1910.  Sen- 
tenced to  the  Massachusetts  reformatory  on  an  indetermi- 
nate sentence.  Pardoned  ]\Iay  IS,  1910.  Xulman,  a 
young  man  eighteen  years  of  age.  was  committed  on  the 
com])laint  of  his  fathei',  for  the  reason  that  he  did  not  helj) 
him  in  a  financial  way.    His  father  supposed  that  he  would 


Special  Messages.  1139 

possibly  be  sentenced  foi-  two  or  three  weeks,  but  it  was  only  Pardons, 
through  a  niisiindcrstandinii,'  that  he  consented  to  his  beinj^ 
sentenced.     He  felt  very  anxious  for  his  son's  release,  and 
permanent  employment  awaited  the  latter  when  pardoned. 

'No.  22.  Harry  Graves.  Convicted  of  obstructing  an 
engine  and  cars  on  a  railroad,  Superior  Court,  Franklin 
county,  Nov.  17,  1909.  Sentenced  to  the  Massachusetts 
reformatory  on  an  indeterminate  sentence.  Pardoned  May 
18,  1910,  upon  the  recommendation  of  chief  justice  Aiken 
of  the  superior  court,  who  sentenced  him  to  the  Massachu- 
setts reformatory.  The  young  man  belonged  to  a  good 
family  in  a  small  town  in  western  Massachusetts.  He  was 
attending  the  village  academy  and  was  in  the  senior  class. 
His  standing  in  his  studies  was  excellent.  He  went  to  the 
nearest  railroad  point  and  intended  to  steal  a  ride  west- 
ward. Two  freight  trains  came  along,  each  going  at  a  rate 
which  made  it  impossible  for  him  to  get  aboard.  In  order 
to  slow  up  the  next  train  so  that  it  was  safe  to  board  it.  he 
put  a  tie  on  the  rails.  The  tie  was  discovered  and  removed 
before  the  train  passed  along.  He  made  no  concealment 
of  his  doings,  and  pleaded  guilty.  No  one  was  injured, 
and  Graves  was  sincerely  penitent  at  the  time  the  case  was 
before  the  court.  He  was  released  on  probation,  as  recom- 
mended by  the  chief  justice. 

No.  28.  Hortetv^se  Xiques.  Convicted  of  being  a  com- 
mon night-walker,  Superior  Court,  Suffolk  county,  Febru- 
ary term,  1910.  Sentenced  to  the  reformatory  prison  for 
women  on  an  indeterminate  sentence.  Pardoned  May  25, 
1910.  The  prisoner  had  a  good  home  in  New  York  City. 
Her  case  would  have  been  placed  on  file  if  the  mother  had 
been  present  in  the  court  room,  but  she  did  not  receive 
notice  in  season  to  be  ]u-esent ;  consequently  the  girl  was 
committed  to  the  reformatory  prison  for  women.  She  was 
pardoned  upon  condition  that  she  be  immediately  placed 
by  her  mother  in  a  convent  in  New  York. 

No.  24.  Benjamin  Ai.t.en.  Convicted  of  assault  and 
battery,  Superior  Court.  Suffolk  county,  June  16,  1909. 
Sentenced  to  the  house  of  correction  for  two  years.  Par- 
doned May  25,  1910,  upon  the  recommendation  of  the  dis- 
trict attorney,  who  believed  that  he  had  been  sufficiently 


lliO  Spii:ciAL  Messages. 

Pardons.  pimishocl  foi'  tlic  sliglit  criiiic  for  which  he  was  convicted. 

No  robbery  was  committed. 

No.  25.  William  Bebeau.  Convicted  of  highway  rob- 
bery, Superior  Conrt,  Bristol  county,  Nov.  IG,  1906.  Sen- 
tenced to  state  prison  for  from  twelve  to  fifteen  years. 
Pardoned  May  25,  1910,  upon  the  recommendation  of  the 
district  attorney  who  prosecuted  the  case.  Bebeau  was  a 
young  man  about  seventeen  years  of  age,  who  lived  with  his 
parents  in  Pawtucket.  lie  had  a  good  reputation  up  to  the 
time  of  the  commission  of  this  crime,  was  industrious  and 
well  thought  of  by  his  employers.  The  sentence  at  the  time 
was  considered  by  members  of  the  bar  as  being  excessive, 
under  the  circumstances.  The  district  attorney  was  satis- 
fied that  Bebeau  was  the  tool  in  the  hands  of  older  and 
more  skillful  persons.  One  of  the  reasons  why  he  received 
so  severe  a  sentence  was  because  he  would  not  then  tell  who 
were  his  companions  in  the  attempted  robbery.  Bebeau 
was  used  as  a  government  witness  after  he  had  been  sen- 
tenced to  the  state  prison.  In  the  opinion  of  the  district 
attorney,  if  the  government  had  used  him  as  a  witness 
before  his  conviction,  his  sentence  would  have  been  much 
lighter. 


•■i-)^ 


No.  26.  James  Oliver  Higgins.  Convicted  of  perjury 
and  forgery,  Superior  Court,  Suifolk  county,  Feb.  15, 
1907.  Sentenced  to  state  prison  for  from  ten  to  fourteen 
years.  Pardoned  June  1,  1910,  upon  the  recommendation 
of  the  district  attorney  and  prominent  members  of  the  bar 
of  Suifolk  county.  Iliggins  was  convicted  on  two  indict- 
ments. The  district  attorney  certified  that  he  was  himself 
taken  ill  innnediatel.y  after  the  conclusion  of  the  second 
trial,  and  was  not  able  to  be  present  at  the  time  of  sentence. 
Had  he  been  present  in  court  when  the  case  was  called  for 
sentence,  he  would  not  have  asked  for  sentence  on  more 
than  one  indictment.  Had  he  been  given  an  opportunity 
to  address  the  court  on  the  question  of  sentence  he  has  no 
doubt  that  the  court  would  have  treated  Iliggins  much  less 
severely.  It  was  too  late  to  revoke  the  sentence  upon  his 
return  to  court  a  few  days  later.  In  view  of  all  the  cir- 
cumstances the  district  attoru(^y  was  of  the  opinion  that 
the  prisoner  had  been  suiliciently  punished  and  the  ends 
of  justice  satisfied. 


Special  Messages.  1141 

"No.  27.  Ernest  P.  McCarthy.  Convicted  of  obtain-  Pardons, 
ing  money  under  false  pretences  by  trial  justice  Mulligan, 
Middlesex  county,  Nov.  29,  1909.  Sentenced  to  the  ]\Ias- 
sachusetts  reformatory  on  an  indeterminate  sentence. 
Pardoned  June  15,  1910,  upon  the  recommendation  of 
judge  Mulligan  and  J.  W.  Slattery,  the  probation  officer, 
who  believed  that  the  ends  of  justice  had  already  been 
satisfied,  that  the  reformation  of  McCarthy  was  accom- 
plished, and  that  no  further  good  would  result  from  his 
continued  imprisonment.  He  obtained  money  by  claiming 
that  he  was  authorized  to  make  collections  for  a  motor- 
cycle company.  The  amount  was  small,  and  restitution 
has  been  made. 

ISTo.  28.  Alice  Reidy.  Convicted  of  illegally  selling 
intoxicating  liquors,  Municipal  Court  of  Boston,  May  17, 
1910.  Sentenced  to  pay  a  fine  of  $50.  Pardoned  June 
22,  1910,  upon  the  recommendation  of  judge  Burke  and 
probation  officer  Sargent  of  the  city  of  Boston.  She  was 
unable  to  pay  the  fine  imposed.  She  had  tuberculosis,  both 
lungs  being  affected.  The  prison  physician  certified  that 
the  woman's  condition  was  steadily  getting  worse,  and 
strongly  recommended  that  a  pardon  be  granted. 

ISTo.  29.  George  Zanios.  Convicted  of  assault  with  a 
dangerous  weapon,  First  District  Court  of  Eastern  Middle- 
sex, Jan.  31,  1910.  Sentenced  to  house  of  correction  for 
one  year.  Pardoned  July  6,  1910,  upon  the  recommenda- 
tion of  judge  Bruce,  who  imposed  the  sentence.  The  as- 
sault was  a  slight  one,  and  the  complainant  was  not  struck 
or  otherwise  injured.  Zanios  had  a  perfect  conduct  record 
in  prison,  and  immediate  employment  awaited  him. 

'No.  30.  Antonio  Antonelli.  Convicted  of  assault 
with  a  dangerous  weapon,  Superior  Court,  Suffolk  county, 
Dec.  15,  1909.  Sentenced  to  the  house  of  correction  for 
two  years.  Pardoned  July  6,  1910.  upon  the  ground  that 
he  had  been  sufficiently  punished  for  the  crime  committed, 
under  all  the  circumstances.  His  wife  and  family  needed 
his  support.  The  injury  to  the  complainant  did  not  de- 
velop as  seriously  as  was  expected  at  the  time  of  imposing 
sentence. 


1142  Special  Messaues. 

Pardons.  ^^^    ^1.       MlCJIAEL    F.    CONDKON.       Convictecl   of   (IrUIlk- 

eimess,  District  Court  of  Central  Berkshire,  Jan.  24, 
1904.  Sentenced  to  the  Massachusetts  reformatory  on  an 
indeterminate  sentence.  Pardoned  July  20,  1910,  upon 
the  recommendation  of  the  honorable  William  Turtle, 
senator  of  the  Berkshire  district,  who  believed  that  he  had 
been  sufficiently  punished.  His  father,  who  caused  his 
arrest  and  imprisonment,  strongly  urged  his  release.  Im- 
mediate employment  awaited  him. 

]^o.  32.  Elsie  Evelyn  Ostiguy.  Convicted  of  beins; 
lewd,  wanton  and  lascivious.  Fourth  l^istrict  Court  of 
Bristol,  March  19,  1910.  Sentenced  to  the  reformatory 
prison  for  women  on  an  indeterminate  sentence.  Par- 
doned July  20,  1910,  upon  the  recommendation  of  the 
j)robation  officer  of  the  Fourth  District  Court  of  Bristol, 
and  the  husband,  father  and  mother  of  the  prisoner.  The 
husband  was  willing  to  condone  the  offence  and  take  her 
back  to  his  home,  believing  that  she  had  seen  the  error  of 
her  ways  and  would  hereafter  lead  a  virtuous  life.  She 
was  but  nineteen  years  of  age. 

'No.  3e3.  ISToE  Trembly.  Convicted  of  assault  to  com- 
mit rape,  Superior  Court,  Worcester  county.  May  20, 
1903.  Sentenced  to  state  prison  for  from  ten  to  fifteen 
years.  Pardoned  Sept.  Y,  1910,  upon  recommendation  of 
the  party  assaulted,  the  probation  officer  of  Sonthbridge, 
Mass.,  and  the  district  attorney.  Trembly  testified  at  the 
trial  that  he  was  innocent,  that  it  was  a  case  of  mistaken 
identity,  and  he  has  always  maintained  his  innocence. 
The  identification  depended  largely  upon  recognizing  the 
voice  of  the  defendant,  as  it  was  dark  at  the  time  the 
assault  was  committed.  The  comy)lainant,  at  the  time  ot" 
the  presentation  of  the  petition,  did  not  seem  quite  as  posi- 
tive in  her  identification  as  she  did  at  the  time  of  the 
trial;  and,  considering  the  good  conduct  of  the  ]irisoner, 
as  well  as  the  fact  Ihat  he  had  been  in  state  prison  more 
than  seven  years,  she  signed  the  petition,  having  come  to 
the  conclusion  that  it  was  a  case  for  executive  clemency. 

No.  34.  John  Hasson.  Convicted  of  assault,  Supe- 
rior Court,  Suffolk  county,  Feb.  1  1,  1901.  Sentenced  to 
state  ])rison  for  from  twelve  to  fifteen  years.     Transferred 


Special  Messages.  1143 

to  the  state  farm  Aug.  14,  1906.    Pardoned  Sept.  14,  1910.  Pardona. 
Hasson,  a  feeble  old  man,  seventy-four  years  old,  was  par- 
doned to  be  sent  to  his  relatives  in  Turkey. 

1^0.  35.  James  Muepiiy.  Convicted  of  vagrancy,  Dis- 
trict court  of  Xorthern  Berkshire,  April  1,  1910.  Sen- 
tenced to  the  ]\Iassachusetts  reformatory  on  an  indeter- 
minate sentence.  Pardoned  Sept.  14,  1910,  on  the  ground 
that  he  had  been  sufficiently  i)unished.  lie  had  a  home 
with  relatives,  who  would  secure  employment  for  him  at 
once. 

Xo.  36.  Marshall  E.  Willis.  Convicted  of  assault, 
Superior  Court,  Worcester  county,  Aug.  18,  1902.  Sen- 
tenced to  state  prison  for  from  twelve  to  fifteen  years.  Par- 
doned Oct  5,  1910,  upon  the  recommendation  of  the  district 
attorney  who  prosecuted  the  case  and  the  justice  who  im- 
posed the  sentence.  This  was  the  prisoner's  only  criminal 
record.  The  petitioners  believed  that  the  ends  of  justice 
had  been  served  by  the  long  imprisonment  already  suffered. 

jSTo.  37.  Charles  IT.  Evans.  Convicted  of  breaking 
and  entering,  Superior  Court,  Bristol  county,  Nov.  15, 
1909.  Sentenced  to  the  house  of  correction  for  two  years. 
Pardoned  Oct.  5,  1910,  upon  the  recommendation  of  the 
district  attorney  and  many  of  the  leading  citizens  of  Fall 
River.  His  conviction  rested  largely  upon  the  testimony 
of  an  accomplice,  who  turned  state's  evidence  for  the  pur- 
pose of  saving  himself.  Since  that  time  the  accomplice  has 
been  convicted  of  a  serious  robbery  in  another  state,  and 
sentenced  to  a  heavy  term ;  and  other  facts  which  have  come 
to  lio;ht  caused  the  belief  that  Evans  was  entitled  to  the 
benefit  of  the  doubt  as  to  the  truth  of  the  testimony  of  this 
accomplice  which  was  entirely  circumstantial  and  not  con- 
clusive against  him. 


^e>^ 


'No.  38.  Minnie  Williams.  Convicted  of  being  a 
vagrant,  Central  District  Court  of  Worcester,  Sept.  29, 
1910.  Sentenced  to  the  reformatory  prison  for  women  on 
an  indeterminate  sentence.  Pardoned  Oct.  19,  1910.  This 
prisoner  was  but  eighteen  years  old,  and  had  no  father  or 
mother.  She  was  pardoned  to  live  with  an  aunt  in  Ver- 
mont, who  would  give  her  a  good  home. 


1144  Special  Messages. 

Pardons.  ]^q_  39^     OviDE  M.  Paulhus.     Coiivicted  of  abortioii, 

Superior  Court,  Essex  couuty,  Sept.  18,  1905.  Seuteuced 
to  state  prison  for  froui  six  to  six  and  a  half  ^'ears.  Par- 
doned ^o\\  23,  lUlO,  upon  rcconnncndation  of  a  large  num- 
ber of  citizens  of  Haverhill,  Mass.,  who  believ'ed  that  the 
ends  of  justice  would  be  fully  satisfied  if  pardon  were 
granted,  as  he  had  less  than  one  year  remaining  of  his  sen- 
tence. The  crime  committed  by  the  defendant  was  done  at 
the  solicitation  and  re(picst  of  both  the  victim  and  her 
husband.  The  prisoner  received  a  longer  sentence  than  ho 
otherwise  would  have,  by  reason  of  the  fact  that  the  victim 
died.  There  were  no  particularly  aggravating  circum- 
stances about  the  case.  It  was  not  a  case  where  a  wife 
went,  unknown  to  her  husband,  to  have  such  a  criminal 
operation  performed. 

No.  40.  Joiij^  D.  Kellf.y.  Convicted  of  assault  with 
intent  to  murder,  Superior  Court,  Middlesex  county,  Sept. 
16,  1907.  Sentenced  to  the  house  of  correction  for  five 
years.  Pardoned  l^ov.  23,  1910,  npon  the  recommenda- 
tion of  the  district  attorney,  the  mayor  and  many  of  the 
leading  citizens  of  Lowell,  where  the  crime  was  committed. 
The  assault  was  committed  when  he  was  under  the  in- 
fluence of  liquor.  The  victim  of  the  assault  was  anxious  to 
have  him  released.  He  had  less  than  a  year  to  serve.  His 
prison  conduct  was  perfect.  He  was  pardoned  to  live  with 
his  mother  and  sister  in  California. 

"No.  41.  Antour  Lasota.  Convicted  of  larceny,  Su- 
perior Court,  P>ristol  county,  Nov.  22,  1909.  Sentenced 
to  the  house  of  correction  for  two  years.  Pardoned  Dec.  7, 
1910,  npon  the  recommendation  of  the  mayor  of  Fall  Piver 
and  the  district  attorney.  He  had  served  more  than  half  his 
sentence.  He  was  an  excellent  prisoner,  and  had  a  perfect 
prison  record.  His  family  were  in  destitute  circumstances, 
supported  by  charity.  It  was  believed  that  he  would  be 
Ijoncfited  by  his  release,  and  would  be  able  to  relieve  the 
state  and  city  of  the  ex])ense  of  caring  for  his  family. 

No.  42.  Maroaket  Adams.  Convicted  of  arsou,  Su- 
perior Court.  SulTolk  couuly,  March  17,  1910.     Sentenced 

In  the  I'cfoi'iiialnry  prison  fur  wouirii  on  :im   iiidctcrniinate 


Special  Messages.  1145 

sentence.  Pardoned  Dec.  14,  1910.  The  husband  and  P'^^dona. 
daughter  of  the  prisoner  were  very  seriously  injured  in  a 
raih-oad  accident.  The  daughter  was  not  expected  to  live. 
The  prisoner  was  pardoned  so  that  she  might  return  to  her 
home  and  care  for  them.  She  had  about  three  months 
more  to  serve. 

iN'o.  43.  George  W.  Herbert.  Convicted  of  murder, 
second  degree,  Superior  Court,  Berkshire  county,  January 
term,  1904.  Sentenced  to  state  prison  for  life.  Pardoned 
Dec.  21,  1910.  Senator  Turtle  and  Charles  Giddings,  Esq., 
appeared  for  Herbert,  and  explained  that  on  his  marriage 
he  discarded  all  his  bad  habits  and  led  a  model  life,  being 
thoroughly  infatuated  with  his  wife.  The  evidence  in  the 
case  showed  that  the  wife  was  induced  by  one  Fearing  to 
leave  her  husband ;  and,  following  them  to  Monterey,  Her- 
bert appealed  to  a  judge  to  have  them  arrested,  but  the 
judge  declined  on  the  ground  of  insuflficient  evidence.  Her- 
bert happened  to  meet  his  wife  with  Fearing  and  attempted 
to  shoot  the  latter,  but  accidentally  shot  his  wife.  He 
pleaded  guilty  to  the  charge  of  murder  in  the  second  degi'ee. 
Since  his  sentence  Herbert  has  been  a  model  prisoner^  and 
for  some  time  has  been  clerk  to  the  deputy  warden.  It  was 
believed  that  neither  the  ends  of  justice  nor  the  protection 
of  society  demanded  that  the  prisoner  be  held  for  further 
punishment. 

'No.  44.  August  Poirier.  Convicted  of  drunkenness, 
First  District  Court  of  Essex,  July  5,  1910.  Sentenced 
to  the  Massachusetts  reformatory  on  an  indeterminate  sen- 
tence. Pardoned  Dee.  21,  1910,  upon  the  recommendation 
of  several  of  the  city  officials  of  Salem,  who  believed  that 
he  had  thoroughly  reformed,  and  would  lead  a  sober  life. 

ISTo.  45.  George  H.  Battis.  Convicted  of  larceny, 
Superior  Court,  Suifolk  county,  June  4,  1909.  Sentenced 
to  the  house  of  correction  for  three  years.  Pardoned  Dec. 
21,  1910.  Executive  clemency  was  extended  in  this  case 
because  of  a  belief  that  the  ends  of  justice  had  been  satis- 
fied, the  prisoner  having  served  over  eighteen  months  in 
the  house  of  correction  for  his  larceny  from  the  city  of 
Boston.     The  impaired  health  of  Battis  and  his  good  con- 


114(3  Special  Messages. 

Pardons.  duct  while  ill  prisoTi  weighed  heavily  in  his  favor ;  and  the 

fact  also  was  taken  into  consideration  that  the  others  im- 
plicated in  the  so-called  Ijoston  fraud  cases  were  already 
at  liberty,  having  served  mnch  less  time  than  had  Battis. 

'No.  46.  Francis  M.  Gould.  Convicted  of  breaking 
and  enter.ing,  Superior  Court,  Middlesex  county,  Sept.  20, 
]  909.  Sentenced  to  state  prison  for  from  two  and  a  half  to 
three  years.  Transferred  to  the  Massachusetts  reformatory^ 
April  28,  1910.  Pardoned  Dec.  21,  1910.  Gould,  when 
brought  before  the  court  for  trial,  pleaded  guilty  to  the 
charge  of  breaking  and  entering  without  intent  to  commit 
larceny.  He  was  put  on  probation  by  judge  Bond,  and  lived 
honestly  and  lawfully  for  two  years;  and  was  then  sur- 
rendered by  the  probation  officer  in  September,  1909.  Upon 
investigation  it  w^as  found  that  he  had  not  broken  the  con- 
ditions of  his  prol)ation,  but  that  false  statements  as  to  his 
previous  character  were  made  to  the  probation  officer  in  the 
court.  Judge  Bond  was  of  the  opinion  that,  owing  to  the 
misunderstanding  about  his  plea  in  the  case,  he  should  be 
pardoned  and  given  a  chance  once  more  to  live  an  honest 
life. 

No.  47.  Patrick  W.  Heffern.  Convicted  of  larcenv, 
Superior  Court,  Suffolk  county,  Nov.  23,  1909.  Sentenced 
to  state  prison  for  from  four  and  a  half  to  five  years. 
Pardoned  Dec.  28,  1910,  on  the  ground  that  he  had  been 
sufficiently  punished.  For  a  similar  previous  ofl'enee,  the 
person  indicted  with  Heffern  was  given  a  sentence  of  but 
six  months,  while  in  this  case  he  was  released  without  pun- 
ishment because  he  was  a  government  witness,  althouah  he 
was  the  originator  of  the  crime  and  jointly  indicted  with 
ITcffern.  The  petitioner,  a  physician  in  good  standing, 
had  always  been  honest,  and  given  much  of  his  time  to  the 
poor.  The  district  attorney  stated :  "  T  think  it  fair  to  the 
applicant  for  pardon  to  say  that  the  sentence  which  was 
imposed  was  undoubtedly  determined  to  some  extent  by  the 
importance  of  excercising  a  tlcterrent  etfect  on  the  connuu- 
nity  as  to  this  particular  kind  of  fraud,  and  that  in  this 
aspect  the  sentence  has  undoubtedly  served  its  purpose, 
without  insisting  <>n  llic  <'iiiii|tl('tion  of  the  (l(>f(Midant  s 
term.     So  far  as  T  can  ascertain.  Ihore  is  nothing  in  his 


Special  Messages. 


1147 


personal  character  which  would  make  his  bein^  at  liberty 
a  danger  to  the  community."  The  crime  for  which  IleflPern 
was  sentenced  was  committed  when  he  was  in  an  intoxicated 
condition. 

[To  the  honorable  senate  and  house  of  representatives,  January  9,  1911.] 

I  have  the  honor  to  transmit  herewith  a  report  of  the 
commission  to  investigate  and  report  upon  a  system  of 
caring  for  tuliercular  patients  by  state  and  local  authori- 
ties, authorized  by  chapter  76,  resolves  of  1910. 

[To  the  honorable  senate  and  house  of  representatives,  January  11,  1911.] 

In  accordance  with  the  provisions  of  chapter  220  of  the 
acts  of  1910,  being  "  An  Act  to  provide  for  supervision  by 
the  governor  and  council  of  expenditures  and  other  finan- 
cial operations  of  the  commonwealth,"  I  hereby  recommend 
the  enactment  of  bills  authorizing  the  payment  of  the  fol- 
lowing sums  for  the  executive  department,  namely :  — 


Governor's  salary, 

Lieutenant  governor's  salary,     . 
Executive  council,  compensation, 
Council   travel.   ...... 

Private  secretary,       

Executive  secretary,   ..... 

Executive   stenographer,     .... 

Executive  clerk,  ...... 

Executive  messengei',  .... 

Assistant  executive  messenger,  . 
Executive  contingent,  .... 

Executive   postage,   piinting   and   stationer^'. 
Council  contingent,     ..... 

Council  postage  and  stationery, 
Extraordinary    expenses,    .... 

Piepnration  of  tables  and  indexes,  etc.,  . 
Arrest  of  fugitives,  expenses,    . 


$8,000  00 
2,000  00 
6,400  00 
1,000  00 
2,500  00 
2,500  00 
1,800 
1,200 
1,200 
1,000 
3,000 
1,200 
2.500 

500 
100,000  00 

500  00 
1,000  00 


00 
00 
00 
00 
00 
00 
00 
00 


[To  the  honorable  senate  and  house  of  representatives,  January  11,  1911.] 

In  accordance  with  the  provisions  of  chapter  220  of  the 
acts  of  1910,  being  "  An  Act  to  provide  for  supervision  by 
the  governor  and  council  of  expenditures  and  other  financial 
operations  of  the  commonwealth,"  I  hereby  recommend  the 
enactment  of  bills  authorizing  the  payment  of  the  following 
sums,  namely :  — 


1148 


Special  Messages. 


Senate  compensation. 

Senate  travel,     .... 

House  compensation, 

House  travel,      .... 

Clerks,  senate  and  house,  . 

Assistant  clerks,  senate  and  house, 

Clerical   assistance,   senate. 

Clerical  assistance,  house,  . 

Chaplains,   senate   and   house,    . 

Doorkeepers,  senate  and  house,  and  postmaster, 

Assistant  doorkeepers,  messengers  and  padres. 

Printing  and  binding'  for  senate,   | 

Printing  and  binding  for  house,    / 

Printing  and  binding  manual  of  general  court, 

Stationery  for  the  senate,  . 

Stationery  for  the  house,  . 

Legislative   contingent, 

Legislative  bulletin,     . 

Expenses  of  legislative  committees, 

Committee  hearings,  . 

Witness  fees  before  committees. 


$30,750  00 

3,200  00 

180,750  00 

19,000  00 

7,000  00 

4,000  00 

1,500  00 

2,500  00 

600  00 

4,200  00 

29,000  00 

38,000  00 

5,000  00 

800  00 

1,000  00 

0,000  00 

4,500  00 

15,000  00 

10,000  00 

200  00 


[To  the  honorable  senate  and  house  of  representatives,  January  20,  1911.] 

In  accordance  with  the  provisions  of  chapter  220  of  the 
acts  of  1910,  being  "  An  Act  to  provide  for  supervision  by 
the  governor  and  council  of  expenditures  and  other  financial 
operations  of  the  commonwealth,"  I  hereby  recommend  the 
enactment  of  bills  authorizing  the  payment  of  the  following 
sums,  namely :  — 


SECRETARY   OF   THE   COMMONWEALTH. 

Secretary's  salary,      ...... 

First  deputy, 

Second  deputy,  ...... 

Chief  of  archives, 

Corporation    clerk, 

Engrossing   clerk 

Cashier, 

Clerks  and  messengers, 

Incidental  and  contingent  expenses,  . 

Arrangement  and  preservation  of  state  records  and 

papers,     ........ 

Postage  and  expressage  on  documents. 
Ballot  boxes  for  cities  and  towns, 
Purchase  of  histories  of  regiments,  etc.,  . 
Preservation   of  t(»\vn   records  of  births,   marriages 

and    deaths,      ....... 

Counting  apparatus,  ...... 


$5,000 

00 

2,500 

00 

3,000 

00 

2,000 

00 

2,000 

00 

1,600 

00 

1,200 

00 

24.000 

00 

4,500 

00 

2,000 

00 

5,500 

00 

1,000 

00 

2,000 

00 

15,000 

00 

250 

00 

$71,550  00 

Special  Messages. 


1149 


TREASURER  AND  RECEIVER  GENERAL. 

Treasurer's   salary. 

First  clerk. 

Second    clei'k, 

Third  clerk, 

Receiving  teller, 

Paying   teller. 

Assistant  paying  teller, 

Cashier, 

Assistant  bookkeeper, 

Fund  clerk, 

Clerk  and  bank  messenger, 

Record   clerk, 

Stenographer, 

Messenger, 

Additional   clerical   assistance. 

Incidental  and  contingent  expenses, 

Collateral   legacy   tax,   exjjenses, 


AUDITOR'S   DEPARTMENT. 

Auditor's  salaiy. 

Deputy, 

Supervisor  of  accounts, 

First   clerk. 

Second    clerk, 

Clerks,  examiners,  stenographers,  etc, 

Llessenger,  , 

State   printing   expert, 

Contingent  expenses.  . 


attorney-general's  department. 

Attorney-genei'al's  salary,  ...... 

Compensation  of  assistants,  legal  services,  etc.,  and 
other  necessary  expenses, 


sergeant-at-arms'  department. 

Sergeant-at-arms'   salarv,   . 

First  clerk,  .... 

Additional   clerks, 

Cashier,        ..... 

Contingent,  .... 

Stationery  and  printing  ordered  by 

arms, 

Engineer's  department. 

Watchmen  and  assistant  watchmen, 

Sergeant-at-arms'  messengers,  porters,  etc., 


the  sergeant-at 


$5,000  00 
2,600  00 
2,100  00 
1.S00  00 
1,800  00 
1,800  00 
1,200  00 
2,200  00 
1,500  00 
1,500  00 
1,500  00 
1,000  00 
900  00 
1,000  00 
3,500  00 
5,000  00 
6,000  00 

$40,400  00 


$5,000  00 
3,500  00 
2,500  00 
2,500  00 
2,200  00 

14,000  00 

900  00 

1,500  00 

2,500  00 

$34,600  00 


$5,000  00 

45,000  00 

$50,000  00 


$3,500  00 

2,200  00 

2,800  00 

1,000  00 

450  00 

1,200  00 
30,940  00 
14,600  00 

8,260  00 


1150 


Special  Messages. 


State  house  matron,  . 

Slate  house  carpenter, 

Telephones,  .... 

Heat,  li^ht  and  power. 

Care   of   state   house   and   grounds, 

New  furniture  and  tixtures. 


BALLOT   LAAV   COMMISSION. 


Compensation   of   tlie  commission, 
Contingent  expenses,  . 


BANK    COMMISSIONER. 

Commissioner's   salary,        ...... 

Deputy,        ......... 

Salaries    of    examijiers,    clerks,    expert    and    other 
assistants,         ........ 

Printing,  stationery,  travel  and  incidental  expenses. 
Printing  reports, 


CIVIL  SERVICE  COMMISSION. 

Commissioners'  salaries, 

Chief  examiner,  . 

Deputy  examiner. 

Secretary,   .... 

Physical   inspector, 

Reiicistrar  of  labf)r,     . 

Clerical  assistance,  oliice  atul  incidental  expenses, 

Printing   and   binding   report,   .... 


$850  00 

1,400  00 

S,20()  00 

35,000  00 

24,000  00 

(3,000  00 

$140,400  00 


$1,500  00 
150  00 

$1,650  00 


$5,000  00 
3,000  00 

50,000  00 

20,000  00 

5,500  00 

$83,500  00 


$0,500  00 
3,000  00 
2,500  00 
3,000  00 
2,500  00 
2,500  00 

30,700  00 
1,200  00 

$51,400  00 


STATE    BOAHl)    OF    CONCILIATION    AND    /UJBITRATION. 


Members   of   the  board,  salaries, 

Clerk,  

Travelling,  incidental  and   contingent  expenses. 


CONTROIiLER  OP  COUNTY  ACCOUNTS. 


Controller's   salary,     ....... 

First  deputy, 

Second  deputy,  ........ 

Third   deputy,     ........ 

Travelling  and  oliice  expenses  aiul  printing  loport, 


$7,500  00 

1,500  00 

15,000  00 

$24,000  00 


$2,500  00 
1,800  00 
1,500  00 
1,200  00 
1,800  00 


$8,800  GO 


Special  Messages. 


1151 


BOARD    OF    RKGTSTRATION    I^^    DENTISTRY. 

Members  of  the  board,  sniaries,       .... 

Travelling-    and    other    expenses,    including    clerical 

services,  postage,   printing,   etc.,   .... 


DISTRICT    POLICE. 

Chief  of  the  district  police,  salary,  .         .         .         . 
First    clerk,  .         .         .         .    "     . 

Second  clerk,      .         .        '. 

Postage,    printing,    stationery,    etc.,    and    incidental 
and  contingeut   exiieiises,  including  printing  and 

binding  annual  report, 

Detective  department :  — 

l)e])uty  chief,  salary,  .         .         .         .         . 

Clerk,  

Stenograi>hei's,     ...... 

Compensation  of  members  of  detective  dept., 
Compensation   of   fire  inspectors. 
Travelling  expenses  of  members. 
Special  services  and  expenses   of   persons   em- 
ployed  in   investigating  fires,   including  wit- 
ness  fees,    travel,    contingent    and    incidental 
expenses,  ....... 

Inspection  department :  — 

Deputy  chief,  salary, 

Chief  inspector  boiler  department, 

Clerks, 

Compensation    of    members    of    the    inspection 
department,      ...... 

Travelling  expenses  of  the  members,  . 
Appai'atus  for  examination  of  engineers,  . 
I'se  of  cinematogTaph,         .... 

Board  of  boiler  rules :  — 

Compensation,      ...... 

Expenses,      ....... 

Operating  expenses  of  the  steamer  "  Lexing- 
ton,'' used  in  the  enforcement  of  the  fish 
laws,         ........ 


$1,700  00 

2,200  00 

$3,900  00 

$3,000  00 
1,500  00 
1,000  00 

7,500  00 

2,400  00 

1,200  00 

3,000  00 

22,800  00 

12,300  00 

12,500  00 


2,000  00 

2,400  00 
2,000  00 
5,358  32 

70,000  00 

19.000  00 

1,000  00 

600  00 

1,000  00 
1,000  00 


10,000  00 
$181,558  32 


[To  the  honorable  senate  and  house  of  representatives,  January  20,  1911.] 

Ill  accordance  with  the  provisions  of  chapter  220  of  the 
acts  of  1910,  being  "  An  Act  to  provide  for  supervision  by 
the  governor  and  council  of  expenditures  and  other  financial 
operations  of  the  commonwealth,"  I  hereby  recommend  the 
enactment  of  bills  authorizing  the  payment  of  the  following 
sums,  namely :  — 


1152 


Special  Messages. 


SUPREME  JUDICIAL  COURT. 

Justices,  salaries  and  travel, 

Ketircd   jnslicos, 

Clerk,  .... 

Clerical  assistance  to  clerk, 

Clerical  assistance  to  justices, 

Expenses,    .... 

Eeporter  of  decisions, 

Clerks  and  expenses,  . 

Officers  and  messenger, 

Clerk,  supreme  judicial  court,  Suffolk, 

Assistant  clerk,   Suffolk  county, 


$fiO,000  00 
.'),250  00 
3,000  00 

800  00 
2,500 
2,000 
4,000 
5,000 
2,400 
1,500 

500 


00 
00 
00 
00 
00 
00 
00 


SUPERIOR    COURT. 


Justices,  salaries  and  travel, 
Assistant  clerk,  . 
Expenses,    .... 


175,500  00 
500  00 
400  00 


COURTS    OF    PROBATE    AND    INSOLVENCY. 

Judges  of  probate :  — 

Barnstable, 

Berkshire, 

Bristol, 

Dukes, 

Essex, 

Franklin, 

Hampden, 

Hampshire, 

Middlesex, 

Nantucket, 

Norfolk, 

Plvmouth, 

Suffolk, 

Worcester, 
Retired  judges. 

Judges  acting  in  other  counties  than  their  own 
Registers  of  probate 

Barnstable, 

P>erkshire, 

Bristol, 

Dukes, 

Essex, 

Franklin, 

Ilamixlon, 

Hanipsliire, 

Middlesex, 

Nantiu'ket, 

Noi-i^)lk, 

Plvmouth, 

SiilTolk, 

Worcester, 


1,400  00 
2,500  00 
4,500  00 

900  00 
8,000  00 
1,500  00 
3.800  00 
1,700  00 
10,000  00 

900  00 

4.000  00 

2,700  00 

12,000  00 

7,500  00 

500  00 
1,500  00 


1,300 
1,900 
3,500 

800 
3.500 
1.500 
3.100 
1.000 
4,000 

800 
2,700 
2.200 
5.000 


00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 
00 


3,500  00 


Specls-l  Messages. 


1153 


Assistant  roiiislers  of  probate: 

Barnstable,  . 

Berkshiri',     . 

Bristol, 

Essex, 

Franklin, 

Hampden,    . 

Hampshire, 

Middlesex,    . 

Norfolk, 

Suffolk, 

Worcester,  . 
Extra  clerical  assistance : 

Barnstable,  . 

Berkshire,    . 

Bristol, 

Dukes, 

Essex,  . 

Franklin, 

Hampden,    . 

HamiDshire, 

Middlesex,    . 

Nantucket,    . 

Norfolk, 

Plymouth,    . 

Suffolk, 

Worcester,  . 
Clerk  to  register  of  probate,  Sutfolk, 

DISTRICT    ATTORNEYS 

Suffolk  district,  . 

First,  second  and  third  assistants 

Deputy  assistants. 
Northern    district, 

A  ssistant. 

Second  assistant, 
Eastern  district, 

Assistant, 
Southeastern  district. 

Assistant,  . 
Southern   district, 

Assistant,  . 
Middle  district,  . 

Assistant, 
Western  district. 
Northwestern   district. 
Travelling  expenses 
Commission  on  j^robation, 


$550 

00 

950 

00 

2,300 

00 

4,100 

00 

000 

00 

.   1,550 

00 

700 

00 

7,000 

00 

1,350 

00 

5,300 

00 

1,500 

00 

433 

34 

600 

00 

2,066 

67 

266 

67 

7,016 

67 

400 

00 

2,633 

33 

600 

00 

7,333 

33 

300 

00 

2,033  33 

2,100 

00 

7,100 

00 

7,016 

66 

1,200 

00 

$5,000 

00 

11,400 

00 

3,600 

00 

4,000 

00 

2,000 

00 

1,800 

00 

2,400 

00 

1,600 

00 

2,400 

00 

1,600 

00 

2,400 

00 

1,600 

00 

2,400 

00 

1,600 

00 

2,400 

00 

1,350 

00 

1,500 

00 

5,000 

00 

$483,200 

00 

1154:  Special  Messages. 

[To  the  honorable  senate  and  house  of  representatives,  January  24,  191 1.) 

Under  chapter  220  of  the  statutes  of  1910,  the  resjioiisi- 
bility  is  placed  upon  the  governor  and  council  of  exaniiiiiiig 
the  estimates  of  expenditures  for  the  ensuing  fiscal  year, 
and  the  governor  is  recpiired  to  transmit  these  to  the  general 
court,  "  with  such  recommendations,  if  any,  as  he  may 
deem  proi)cr." 

In  order  to  pass  upon  any  estimate  for  a  department, 
board  or  institution  in  accord  with  this  statute,  the  exec- 
utive should  have  the  right  to  ascertain  whether  or  not  the 
business  of  that  department,  board  or  institution  is  being 
conducted  on  an  efiicient  business  basis. 

However,  chapter  220  does  not  invest  the  executive  with 
authority  to  obtain  the  information  which  is  requisite  for 
arriving  at  a  just  conclusion;  and  there  is  no  law  under 
which  the  executive  is  at  present  empowered  to  obtain  such 
information,  as  will  be  seen  from  the  appended  letter  from 
the  attorney-general  under  date  of  January  21,  1911,  to 
which  your  attention  is  respectfully  directed. 

It  is,  of  course,  impossible  for  the  executive  effectively 
to  carry  out  the  provisions  of  the  statute  referred  to  unless 
also  empowered  to  ascertain  the  facts. 

Speaker  Walker,  who  framed  this  statute,  is  reported  re- 
cently to  have  said :  — 

"  My  bill  for  the  control  of  the  state  finances  is  doing  jnst 
what  I  wanted  it  to  do.  It  has  placed  the  responsibility 
where  it  belongs  —  on  the  governor  ■ — •  and  made  him  real- 
ize it.    He  is  now  responsible  to  the  people. 

"  Before  the  bill  was  passed  last  year  there  was  no  real 
responsibility  anywhere.  It  is  now  '  up  to  '  the  governor. 
He  must  exercise  control  and  be  responsible  for  increase  in 
expenditures  and  in  the  debt  as  well.  If  our  accounting 
and  auditing  system  is  wrong  it  should  be  made  right.  The 
governor  must  investigate.  He  cannot  evade  the  responsi- 
bility. If  he  needs  assistance,  he  must  have  it.  If  the 
council  does  not  prove  an  efficient  body  to  investigate  and 
advise  (I  had  hoped  it  would),  then  experts  must  be  em- 
ployed to  investigate  and  advise  the  governor." 

It  is  not  sufficient  that  the  accounts  of  all  expenditures  he 
duly  audited,  or  that  the  auditor  be  authorized  to  furnish 
the  executive  with  information  respecting  the  financial 
operations  of  the  commonwealth.  It  is  necessary  tlint  the 
executive  be  empowered  to  employ  experts  to  study  and  in- 


Special  Messages.  1155 

vestigato  the  dcpartmouts  of  the  state,  to  determine  their 
business  coiidiu't  and  efficiency  and  to  report  thereon  to  the 
governor  and  council. 

1  therefore  ask  for  such  authority  at  once  to  investigate 
the  business  methods  of  the  several  commissions,  boards, 
and  institutions,  and  all  other  divisions  and  departments  of 
the  state  M'hich  receive  appropriations  of  public  money,  in 
order  that  the  executive  may  determine  whether  these 
methods  are  in  accord  with  the  highest  standards  of  modern 
business  efficiency. 

Such  business  investigation  by  or  under  the  executive  is 
an  absolute  necessity,  if  chapter  220  of  the  statutes  of  1910 
is  to  be  intelligently  complied  with. 

This  is  especially  true  at  the  present  time,  as  the  appro- 
priations asked  for  by  the  several  departments  of  the  com- 
monwealth are  increasing  alarmingly;  we  are  fully  aroused 
to  the  financial  danger  of  such  a  situation,  and  it  is  neces- 
sary to  see  at  ouce  what  retrenchments,  if  any,  are  possible. 

Department  of  Attorney-General,  Boston, 
January  21,  1911. 

His  Excellency  the  Governor  and  the  Honorable  Council. 

Gentlemen  :  —  You  have  orally  required  my  opinion 
upon  the  question  of  your  authority,  under  the  provisions 
of  statutes  of  1910,  chapter  220,  to  verify  or  to  make  inves- 
tigation with  reference  to  the  estimates  submitted  to  you  by 
officers  or  boards  having  charge  of  any  department,  institu- 
tion or  undertaking  which  receives  an  annual  aj)propriation 
of  money  from  the  treasury  of  the  commonwealth  in  ac- 
cordance with  such  provisions,  by  examining  and  auditing 
the  books  and  accounts  or  prescribing  the  methods  of  ac- 
counting of  such  officers  or  boards. 
The  statute  to  which  you  refer  is  as  follows :  — 

Section  1.  Every  officer  or  board  having  charge  of  any  de- 
partment, institution  or  undertaking  which  receives  an  annual 
appropriation  of  money  from  the  treasuiy  of  the  commonwealth, 
including  annual  appropriations  to  be  met  by  assessments,  shall, 
annually,  on  or  before  the  fifteenth  day  of  November,  submit  to 
the  auditor  of  the  commonwealth  statements  in  detail  showing 
the  amount  appropriated  for  the  current  fiscal  year  and  the 
amounts  required  for  the  ensuing  fiscal  year,  with  an  explana- 
tion of  the  reason  for  any  inci'cased  appropriation,  and  with 
citations  of  the  statutes  relating  thereto,  and  Avith  a  statement  of 


1156  Special  Messages. 

the  expenditures  for  the  current  year  and  for  each  of  the  next 
preceding  two  years.  The  said  estimates  shall  not  include  any 
estimates  for  special  purposes  or  oljjects.  The  auditor  of  the 
commonwealth  shall  embody  the  said  statements,  with  a  like 
statement  relating  to  his  own  department,  in  one  document, 
which  shall  be  printed,  and  shall  be  submitted  on  or  before  the 
first  Tuesday  in  January  of  each  year  to  the  governor  and  coun- 
cil for  examination,  and  the  governor  shall  transmit  the  same  to 
the  general  court  with  such  recommendations,  if  any,  as  he 
may  deem  proper.  The  auditor  shall  also  submit  his  estimates 
for  the  ensuing  fiscal  year  for  the  ordinary  and  other  revenue 
of  the  commonwealth  which  shall  be  made  a  part  of  the  docu- 
ment herein  provided  for.  Copies  of  the  document  shall  be 
distributed  to  the  members  of  the  general  court. 

Section  2.  Officers,  heads  of  departments,  boards,  commis- 
sions and  trustees  of  institutions,  who,  in  their  annual  reports, 
or  otherwise,  recommend  appropriations  from  the  state  treasury 
for  special  purposes  or  objects,  including  appropi'iations  to  be 
met  by  assessments,  in  addition  to  the  ordinai-y  running  ex- 
penses, shall  submit  estimates  thereof  in  detail  to  the  auditor  of 
the  commonwealth  on  or  before  the  fifteenth  day  of  November 
in  each  year,  and  he  shall  classify  them  and  embody  them  in  one 
document  which  shall  be  printed,  and  shall  be  submitted  on  or 
before  the  first  Thursday  in  January  of  each  year  to  the  gov- 
ernor and  council  for  examination,  and  the  govei'nor  shall  trans- 
mit the  same  to  the  general  court  with  such  recommendations, 
if  any,  as  he  may  deem  proper.  He  shall  make  recommendations 
as  to  how  much  should  be  raised  by  the  issue  of  bonds  and  how 
much  should  be  paid  out  of  current  revenue.  Copies  of  the 
document  shall  be  distributed  to  the  members  of  the  general 
court. 

Section  3.  The  plans,  estimates  and  specifications  made  in 
accordance  Avith  the  i)rovisions  of  chapter  five  hundred  and  twenty 
of  the  acts  of  the  year  nineteen  hundred  and  seven,  or  of  amend- 
ments thereof,  relating  to  any  improvement  described  in  either 
of  the  documents  aforesaid,  shall  at  the  same  time  be  submitted 
to  the  governor  and  council. 

Section  4.  The  auditor  shall  furnish  to  the  governor  and 
council  such  further  information  in  regard  to  the  revenue,  ex- 
penditures and  other  financial  operations  of  the  commonwealth, 
and  in  such  form  as  the  governor  may  require. 

Section  5.  The  governor  may,  in  his  discretion,  transmit  to 
the  general  court  from  time  to  time,  with  his  reconnnendations, 
if  any,  thei-eon,  ])articular  items  in  either  of  the  said  documents, 
and  may  withhold  other  items  for  further  investigation. 

Section  0.  Section  twenty-six  of  chapter  six  of  the  Revised 
Laws,  as  amended  by  section  six  of  chapter  two  hundred  and 
eleven  of  the  acts  of  the  year  nineteen  hundred  and  live  and 
section  five  of  clia])ter  five  hundred  and  ninety-seven  of  the  acts 
of  the  year  nineteen  hundred  and  eight,  and  all  acts  and  parts 
of  acts  inconsistent  herewilh,  are  hereby  repealed. 

Section  7.    This  act  shall  take  effect  upon  its  passage. 


Special  Messages.  1157 

It  is  to  be  observed  that  this  statute  provides  that  the 
auditor  shall  in  the  first  instance  receive  the  estimates  of 
state  officers  and  boards  and  transmit  them  to  the  governor 
and  council  for  examination,  together  with  estimates  for 
ordinary  and  other  revenue  of  the  commonwealth  made  by 
him,  and  that  the  only  power  vested  in  the  governor  with 
respect  to  such  estimates  is  that  of  making  such  recommen- 
dations as  he  may  deem  proper.  It  is  also  made  the  duty  of 
the  auditor  to  furnish  to  the  governor  and  council  further 
information  in  connection  with  such  estimates  regarding 
the  revenue,  expenditures  and  other  financial  operations  of 
the  commonwealth  in  such  form  as  the  governor  may  re- 
quire. 

I  am  of  the  opinion  that  this  statute  does  not  confer  upon 
the  governor  and  council,  or  upon  the  governor  alone,  any 
new  or  additional  right  to  examine  the  expenditures  or 
books  of  account  of,  or  to  prescribe  the  method  of  account- 
ing which  shall  be  used  by,  any  state  officer  or  board  for  the 
purpose  of  verifying  or  otherwise  investigating  the  esti- 
mates so  required.  It  is  already  provided  by  statutes  of 
1908,  chapter  597,  section  4,  that,  — 

Under  the  direction  of  the  auditor,  the  supervisor  of  accounts 
shall  direct  and  control  all  the  accounts  in  all  departments,  and 
shall  have  full  autliority  to  prescribe,  regulate  and  make  changes 
in  the  methods  of  keejjing  and  rendering  accounts,  and  shall 
see  that  they  are  properly  maintained,  and  that  all  items  are 
correctly  allocated  between  cajDital  receipts  and  disbursements 
and  operating  revenue  and  expense.  He  shall  establish  in  each 
depai'tment  a  proper  system  of  accounts,  which  shall  be  uniform 
so  far  as  is  practicable.  He  shall  establish  a  proper  system  of 
accounting  for  stores,  supi:)lies  and  materials,  and  may  provide, 
where  he  deems  it  necessary,  for  a  continuing  inventory  thereof. 
He  may  inqiure  into  the  methods  of  purchasing  and  handling 
such  stores,  supplies  and  materials  by  the  departments,  reporting 
to  the  auditor  such  changes  as  may  in  his  judgment  be  deemed 
wise.  He  shall  provide  such  safeguards  and  sj'stems  of  cheeking 
as  will  insure,  so  far  as  is  possible,  the  proper  collection  of  all 
revenue  due  the  commonwealth;  and,  where  he  deems  it  neces- 
sary, shall  provide  that  forms  and  receipts  shall  be  numbered 
consecutively,  making  the  departments  responsible  for  their  use 
or  cancellation,  — 

and  by  section  G,  that,  — 

Whenever  the  word  "  departments  "  occurs  in  this  act  it  shall 
be  understood   to   include   all   departments,   boards,  commissions. 


1158  Special  Messages. 

institutions  and  officers  of  tlie  commonwealtii  which  incur  ex- 
penses or  to  which  income  accrues,  unless  tlie  context  requires  a 
diti'erent   interpretation. 

Under  these  provisions  of  law  the  auditor  is  given  full 
authority  to  prescribe,  regulate  and  make  changes  in  the 
methods  of  keeping  or  rendering  accounts  in  all  state  de- 
partments, boards,  commissions  and  offices,  and  to  see,  by 
audit  or  otherwise,  that  they  are  properly  maintained ;  and 
there  is  nothing  in  the  language  of  statutes  of  1910,  chapter 
220,  to  warrant  a  conclusion  that  by  its  enactment  the  legis- 
lature intended  to  supersede  or  modify  the  authority  of  the 
auditor  under  the  statutes  above  cited  by  conferring  upon 
the  governor  and  council  any  supervision  or  control  of 
public  expenses  or  the  methods  of  accounting  therefor. 
Upon  the  contrary,  it  is  the  obvious  intention  of  the  latter 
statute  that  the  estimates  furnished  to  the  governor  and 
council  in  accordance  with  its  requirements  should  be  fur- 
nished through  the  auditor,  and  that  any  additional  infor- 
mation which  may  be  required  in  the  premises  should  be 
supplied  by  him.     (§4.) 

The  general  power  of  the  governor  and  council  to  investi- 
gate the  expenditures  of  state  officers,  boards  or  commissions 
was  made  the  subject  of  an  opinion  by  my  predecessor  to  his 
excellency  the  governor,  dated  April  20,  1900  (attorney- 
general's  Report,  1909,  p.  31),  in  which  it  was  stated 
that: — 

The  governor  and  council  may  at  any  time  examine  such  bills 
and  vouchers  in  the  auditor's  de]iartnieiit,  and  thus  familiarize 
themselves  with  the  expenditures  of  tlie  ctminionwealth  as  much 
as  they  wish.  They  may  take  such  measures  as  they  see  fit  to 
ascertain  that  the  money  appi'opriated  for  the  various  institu- 
tions in  tlie  commonwealth  is  being'  expended  in  the  manner 
intended  by  the  legislature,  and  may  make  such  jiersonal  inves- 
tigation ai  tlu'  institutions  th.emselves  as  may  be  necessary  to 
rnvke  sure  that  this  is  being  done;  but  they  have  no  right  to  say 
that  the  money  appro]uiated  by  the  legislature  shall  not  be  ex- 
pended in  the  way  authorized  by  it.  I'here  are  various  depart- 
ments under  the  inunediate  sujienision  of  the  governor,  and  in 
such  departments  it  is  his  duty  to  see  that  the  money  appropriated 
is  proi)erly  exjiended  therein.  There  are  other  departments  in 
wliich  it  is  the  duty  of  the  bend  of  such  deiiartments  to  see 
that  money  apiii'oi)i'iated  is  properly  expetulcd,  and  for  which 
the  governor  is  not  resjionsible,  and  in  which  he  has  no  authority 


Special  Messages.  1159 

except  so  far  as  may  be  necessary  to  see  that  the  warrants 
are  drawn  in  accordance  with  the  appropriations  authorized  by 
the  legislature.  Should  the  ijovernor  and  council  be  of  opinion 
that  the  finances  of  any  institution  are  not  being  properly  and 
economically  expended,  the  remedy  would  be  by  removal  of  the 
trustees  or  other  officers  over  whom  they  have  authority,  in 
accordance  with  the  statutes  in  such  case  made  and  provided. 
To  this  extent,  under  the  constitution  and  law  of  the  common- 
wealth the  governor  and  council  have  authority  to  investigate 
the  expenditures  of  any  department,  and  to  familiarize  them- 
selves as  much  as  they  see  fit  with  any  of  the  expenditures  of  the 
commonwealth. 

I  am,  therefore,  forced  to  the  conclusion  that,  in  the  in- 
vestigation of  the  estimates  submitted  to  the  governor  and 
council,  under  the  provisions  of  statutes  of  1910,  chajDter 
220,  the  governor  and  council  are  not  authorized  to  audit 
the  books  or  accounts  of  any  officer  or  board  whose  estimates 
are  before  them  for  consideration,  or  to  prescribe  any 
method  of  accounting  to  be  followed  by  such  officer  or  board, 
and  that  such  information  as  may  be  required  with  respect 
to  matters  of  finance,  in  addition  to  that  supplied  by  the 
estimates  themselves,  is  to  be  furnished  by  the  auditor  in 
such  form  as  the  governor  may  require. 

Very  truly  yours, 

James  M.  Swift^ 

Attorney-General. 

[To  the  honorable  senate  and  house  of  representatives,  February  6,  1911.] 

I  urge  you  to  memorialize  congress  immediately  on  be- 
half of  Canadian  reciprocity. 

The  president  has  submitted  to  congress  his  recommenda- 
tions upon  that  subject ;  but  it  would  seem  from  press 
reports  that  the  present  congress  is  unlikely  to  act  upon 
them. 

In  view  of  these  conditions,  and  in  view  of  the  emphatic 
stand  which  the  people  of  this  commonwealth  have  taken  in 
favor  of  reciprocity,  I  deem  it  to  be  of  the  greatest  impor- 
tance that  the  couotcss  receive  at  once  from  vou  a  memorial 
to  take  prompt  action  in  support  of  the  president's  recom- 
mendations. 

A  memorial  from  the  legislature  of  Massachusetts  will  be 
of  exceptional  weight  in  congress. 


Special  Messages. 

This  state  is  presumed  to  be  the  stronghold  of  tariff  and 
high  privileged  interests ;  and  it  is  imperative  that  this  mis- 
taken view  of  the  position  of  our  citizens  be  corrected  and 
the  sentiment  of  our  state  unmistakably  manifested. 

The  people  of  this  commonwealth  are  earnestly  com- 
mitted to  a  broad,  progressive  policy  of  trade  expansion 
through  reciprocity.  This  was  not  only  proved  last  spring 
in  the  by-election  in  the  fourteenth  congi'essional  district, 
but  was  signally  emphasized  throughout  the  state  by  the 
sweeping  victory  of  the  November  elections;  Canadian 
reciprocity  having  been  the  dominant  issue  in  both  cam- 
paigns. 

It  is  encumbent  upon  you  to  see  that  the  congress  of  the 
United  States  and  the  people  generally  understand  the  posi- 
tion of  our  state. 

The  president,  acknowledging  the  universal  demand  of 
the  country,  is  seeking  to  secure  the  necessary  legislation, 
and  it  is  our  duty  to  uphold  his  efforts  in  order  that  the 
demands,  not  only  of  our  state  but  of  the  whole  country, 
shall  be  met. 

Reciprocity,  beginning  with  our  relations  with  Canada, 
will  broaden  out  until  it  includes  the  whole  Western  hemi- 
sphere in  a  common  bond  of  unobstructed  trade. 

And,  when  we  have  united  the  entire  Western  hcmis])here 
in  a  bond  of  mutual  trade  concessions ;  when  we  have  linked 
both  l^ortli  and  South  America  together  by  the  power  of  our 
united  industry  and  trade,  we  shall  have  established  a 
mighty  force  for  the  maintenance  of  peace.  We  shall  have 
ensured  peace  in  our  own  half  of  the  world,  and  gone  a  long 
way  toward  ensuring  it  all  over  the  world. 

For,  when  we  have  thus  united  the  Western  h(Muisphere 
in  these  bonds  of  reciprocity  and  peace,  no  nation  on  earth 
can  contemplate  an  attack  upon  us  individually  or  together. 
Controlling  in  one  common  policy  so  large  a  part  of  the 
food  sup])lies  of  the  world,  we  shall  boconie  vital  to  the 
welfare  of  every  nation. 

Thus,  in  memorializing  congress  at  once,  you  have  not 
only  the  opportunity  to  fulfil  your  obvious  duty  to  the 
citizens  of  Massachusetts,  but  to  advance  our  commonwealth 
to  that  ])osition  of  leaderslii|)  in  determining  n'latters  of 
federal  j^olicy  to  which  her  history  and  traditions  entitle 
her. 


Special  Messages.  IIGI 

Moreover,  with  the  realization  of  reciprocity  on  the  con- 
tinents of  jS^orth  and  South  America,  the  fortification  of  the 
Panama  canal  becomes  unnecessary.  There  will  be  no 
reason  to  anticipate  its  hostile  use,  and  no  reason  to  incur 
the  fearful  costs  of  its  fortification.  For,  through  a  pro- 
gressive policy  of  reciprocal  trade  treaties,  our  country  will 
become  the  arbiter  of  world  peace,  and  thus  attain  to  the 
position,  not  only  of  greatest  power  but  of  greatest  honor, 
to  which  any  nation  can  aspire. 

[To  the  honorable  senate  and  house  of  representatives,  February  16,  1911.] 

The  cost  of  the  public  documents  in  this  commonwealth 
is  scandalous. 

Statement  "  V  "  of  the  last  auditor's  report  on  "  State 
Printing "  contains  items  which  aggregate  slightly  over 
$106,000. 

As  a  matter  of  record,  however,  the  state  pays  annually 
the  sum  of  approximately  $300,000,  for  its  printed  matter. 
The  sum  of  $250,000  goes  to  the  state  printers  and  $50,000 
is  spent  directly  by  the  commonwealth  in  the  purchase  of 
paper  for  printing  and  binding. 

Much  of  this  heavy  expense  is  without  any  justification 
whatever.  The  fullest  publicity  is  necessary  —  but  these 
reports  defeat  that  purpose  by  their  own  mass.  In  my  judg- 
ment the  executive,  with  your  co-operation,  can  save  the 
state  annually  a  sum  of  from  $50,000  to  $100,000  in  this 
work.  Massachusetts  is  justly  proud  of  her  pre-eminence 
in  the  matter  of  state  reports,  but  the  production  of  these 
reports  has  now  run  wild. 

Leaving  the  legislative  documents  out  of  account  as  being 
a  necessary  fixture,  the  state  now  publishes  each  year  over 
eighty  reports  in  the  form  of  bound  volumes  and  pamphlets. 
These  aggregate  about  14,000  pages. 

Many  of  these  volumes  are  filled  largely  with  routine  de- 
tails relating  to  the  work  of  the  boards  and  commissions, 
and  are  not  only  excessively  expensive  but  are  not  even 
effective  as  a  means  of  informing  the  public  simply  and 
clearly  about  the  work  for  which  the  public  pays. 

The  necessity  for  a  change  is  again  shown  by  the  single 
item  of  more  than  $50,000  for  bindings,  of  which  I  be- 
lieve a  large  part  can  be  saved. 

Moreover,  these  reports  pile  up  in  manuscript  form  and 


1162  Special  Messages. 

are  often  out  of  date  before  tbej  are  printed.  For  example, 
the  report  of  the  state  board  of  health  for  1909  has  not  as 
yet  been  issued.  I  may  say  that  the  report  of  that  board 
usually  approximates  900  pages  in  length. 

In  the  educational  and  charitable  departments,  the  state 
now  issues  25  or  more  reports,  with  a  total  of  over  2,500 
pages,  —  largely  a  matter  of  perfunctory  routine.  It  is 
impossible  to  derive  a  quick  and  com]Drehensive  view  of  the 
institutions  as  a  whole  from  these  reports. 

It  is  time  to  change  this  unbusiness-like  custom  of  pro- 
ducing almost  unlimitLxl  reports,  and  to  place  upon  the  gov- 
ernor and  council  full  responsibility  for  effectively  control- 
ling the  publication  of  the  documents  relating  to  the  various 
boards  and  commissions  which  are  created  by  the  state  and 
maintained  at  the  expense  of  the  people. 

I  therefore  urge  that  the  board  of  publication  be  abol- 
ished, because  it  has  not  met  the  requirements  of  the  case. 
In  place  of  this  board  I  call  upon  you  to  empower  the 
executive  to  employ  as  editor  and  manager  of  publications 
a  duly  qualified  expert  in  the  publication  of  technical  books. 
He  should  have  authority  to  receive  the  material  for  all 
reports  of  commissions  and  boards  (with  sucli  exceptions  as 
will  be  enumerated),  and  to  submit  his  recommendations 
upon  each  report  in  duplicate  to  the  board,  commission  or 
other  body  in  which  it  originated,  and  to  the  executive.  He 
should  be  responsible  for  editing  and  condensing  the  mate- 
rial to  the  smallest  practicable  limits. 

The  governor  and  council  would  consider  his  recommen- 
dations and  order  each  report  printed  in  such  form  as  they 
approve;  but  subject  to  the  right  of  ap])eal  from  the  board, 
commission  or  other  body  originating  the  report  to  the  gov- 
ernor and  council.  In  case  of  a])])eal  it  would  be  the  duty 
of  the  governor  and  council  to  hear  it  and  render  their 
decision,  which  should  tlicu  l»c  final. 

I  a]i])end  herewith  a  list  of  documents  which,  in  my  judg- 
ment, should  not  fall  within  the  scope  of  this  jiroposed 
change. 

I  urge  you  to  accejit  now  this  o]iportunity  to  co-operate 
with  the  executive  in  reducing  the  expenses  of  the  common- 
wealth, and  to  enact  the  necessary  legislation  without  delay. 


Special  MsssAaES.  1163 


LIST  OF  PUBLICATIONS  PROPOSED  TO  BE  EXEMPT,  AS  STATED  IN  THE 

FOREGOING  MESSAGE. 

Manual  for  the  general  court.  Report  of  bureau  of  statistics. 

Blue  book.  Report  of  tax  commissioner. 

Pamphlet  edition  acts  and  re-  Report  controller  of  county  ao- 

solves.  counts. 

Journals  of  senate  and  house.  Statistics  of  manufaetui'es. 

List   of  members   and   commit-  Report  commissioner  of  public 

tees  of  the  two  branches.  records. 

Book  containing   rules   of   two  Report   of    contested    elections. 

branches,  etc.  Polls,  property  and  taxes. 
Report  of  state  auditor.  Assessed   polls. 
Report  of  treasurer.  Comparative  financial  statistics. 
Report  bank  commissioner.  List  of  state  officials. 
Report  insurance  commissioner.  Report  of  Boston  finance  corn- 
Report    secretary    of    common-  mission. 

wealth.  Report  of  attorney-general. 
Corporation  abstracts. 

[To  the  honorable  senate  and  house  of  representatives,  February  24,  1911.] 

I  herewith  return  without  my  approval  House  Bill  No. 
502,  —  being  "  An  Act  relative  to  qualifications  for  exam- 
ination by  the  civil  service  commission." 

This  bill  provides  that  the  civil  service  commission  shall 
ask  no  questions  in  its  application  blank  or  in  any  examina- 
tion paper  relative  to  any  offence  committed  by  an  applicant 
before  he  has  reached  the  age  of  sixteen  years,  except  in  the 
case  of  applicants  for  police  arid  prison  service. 

By  making  this  exception,  the  framers  of  this  bill  bear 
witness  to  the  importance  of  safeguarding  our  police  and 
prison  service  from  the  possibility  of  admitting  to  such  ser- 
vice any  person  of  criminal  record  ;  and  in  my  judgment  all 
other  departments  of  the  public  business  should  be  accorded 
the  same  careful  protection  as  that  given  to  the  police  and 
prison  service. 

At  present  the  civil  service  commission  is  empowered  to 
ask  questions  as  to  the  criminal  record  of  every  applicant ; 
and  it  has  the  authority  to  decide  whether  such  record  rep- 
resents a  well  established  habit  of  criminality  or  only  a 
boyish  mistake  or  prank.  Thus  a  conviction  in  an  appli- 
cant's past  record  may  or  may  not  result  in  his  exclusion 
by  the  commission,  according  to  circumstances,  ruder  this 
method,  in  my  judgment,  the  applicant  receives  fair  play; 
and  I  am  informed  of  no  general  complaint  to  the  contrary. 

But  under  this  proposed  act  the  commonwealth  would  be 


Special  Messages. 

deprived  of  the  power  to  protect  itself  against  the  admission 
to  its  public  service  of  men  who  had  become  habituated  to 
criminal  acts  in  youth.  The  effect  would  inevitably  be  to 
lower  the  standard  of  character  of  public  service  and  thus 
cause  definite  injury  to  the  commonwealth. 

I  am  therefore  obliged  to  withhold  my  signature  to  this 
bill. 


[To  the  honorable  senate  and  house  of  representatives,  February  27,  1911] 

I  desire  to  call  your  attention  to  a  situation  in  regard  to 
the  militia  which  I  think  demands  2:)rompt  legislative 
action. 

The  policy  of  the  commonwealth  has  been  to  endeavor  to 
make  service  in  the  militia  attractive  to  the  vouno-  men  of 
the  state  by  providing  beautiful  armories  and  attractive 
uniforms,  but  the  results  have  not  been  as  satisfactory  as  is 
desirable. 

We  maintain  a  plant  consisting  of  state  armories  to  the 
value  of  $3,250,000  and  rent  other  armories  at  an  addi- 
tional annual  expense  of  $33,000,  while  our  equipment, 
mainly  furnished  by  the  federal  government,  has  a  value  of 
$750,000.  We  have  a  magnificent  plant  but  we  lack  the 
men. 

The  volunteer  militia  of  the  state  is  maintained  as  an 
organization  for  the  purpose  of  training  citizen  soldiers.  It 
is  necessary  first  to  a:et  men  enrolled  and  then  to  train  them. 
For  several  years  the  commonwealth  has  been  spending  over 
$700,000  annually  for  this  pur])ose. 

That  we  are  not  obtaininc;  results  is  shown  bv  the  fact 
that  out  of  an  authorized  strength  of  0,600,  we  have  only 
6,000  men  on  our  rolls.  The  enrollment  of  men  is  of  slight 
importance,  however,  if  they  are  merely  an  army  on  paper. 
To  properly  develop  an  efficient  fighting  f<irce,  these  men 
must  be  assembled  for  individual  instruction  and  for  organ- 
ization, instruction  or  team  work. 

That  we  are  failing  lamentably  in  the  last  respect  is  evi- 
dent from  the  fact  that  attendance  at  drills  is  not  over  50  or 
60  per  cent  of  the  maximum  enrollment.  The  reason  why 
this  condition  prevails  is  not  far  to  see. 

The  500,000  men  of  the  unorganized  enrolled  militia  <>f 
this  state,  who  nre  subject  in  time  of  wnr  to  military  duty, 
expect  the  6,600  of  the  organized  militia  to  get  the  nee- 


Special  Messages.  •  1165 

essary  training  in  time  of  peace  and  be  prepared  in  time  of 
war. 

Since  the  passage  of  the  Dick  law  an  officer  or  soldier  in 
the  organized  militia  is  practically  in  the  service  of  the 
United  States.  When  he  takes  his  oath  of  office  or  of  en- 
listment, he  is  snbject  that  moment  to  the  president's  call. 
When  that  call  comes,  he  passes  from  the  state  service  into 
the  national  service  withont  a  new  enlistment  and  serves 
until  the  termination  of  the  service  for  which  he  originally 
volunteered.  His  service  is  not  limited  as  to  time  nor  as  to 
place.  He  may  be  sent  on  foreign  service  to  any  quarter 
of  the  elobe.  The  ISTational  Guard  must  be  called  into  ser- 
vice  before  any  volunteer  force  is  raised. 

The  men  of  the  organized  militia  are  asked  to  give  up 
one  or  tw^o  nights  each  week,  many  Saturday  half-holidays 
and  eight  or  more  days  for  camp  duty  as  a  substitute  for 
their  year's  vacation,  and  with  no  financial  consideration. 
It  is  expected  that  they  will  shoulder  this  burden  from  a 
sense  of  patriotism. 

The  results  obtained  from  the  present  system  are  remark- 
ably good  and  the  unselfish  patriotism  of  our  citizen  soldiers 
deserves  the  highest  praise. 

To  my  mind  the  businesslike  solution  of  the  present  un- 
satisfactory condition  is  to  pay  these  volunteer  soldiers  for 
their  services.  This  course  is  now  strongly  recommended 
by  the  National  Guard  Association  of  Massachusetts  and  of 
the  United  States  and  by  General  Wood,  Chief  of  General 
Staff,  U.  S.  A. 

In  order  that  we  may  protect  and  safeguard  our  already 
large  investment  in  our  military  plant,  it  is  incumbent  upon 
us  to  see  that  we  get  the  men.  Under  the  present  conditions 
it  invites  sacrifice  which  ought  not  to  be  required.  It  would 
be  better  judgment  to  discontinue  further  building  of  armo- 
ries, if  necessary,  rather  than  to  neglect  to  bring  up  the  effi- 
ciency of  the  militia. 

I  therefore  recommend  legislation  to  pay  the  organized 
militia  enough  to  insure  a  full  enrollment  and  the  presence 
for  instruction  of  a  sufficient  number  of  men  to  properly 
utilize  our  plant  and  equipment.  Such  payment  can  be  dis- 
continued as  soon  as  the  federal  government  takes  up  this 
burden. 


Special  Messages. 


[To  the  honorable  senate  and  house  of  representatives,  March  14,  1911.] 

At  the  present  time  the  commonwealth  rents  offices  out- 
side of  the  state  house  in  Boston  for  which  the  aggregate 
rental  is  over  $45,000. 

To  meet  this  condition  and  to  provide  for  future  growth 
it  has  been  proposed  to  enlarge  the  present  state  house  at  a 
cost  which  would  probably  approximate  $2,000,000. 

Under  chapter  545  of  the  acts  of  1907  a  board  was  con- 
stituted, to  serve  without  pay,  for  the  pnrjwse  of  devising 
and  reporting  a  plan  for  the  extension  of  the  state  house. 
This  board  reported  in  January,  1908,  against  enlarging 
the  state  house,  but  recommended  the  erection  of  an  office 
building  to  be  used  in  conjunction  with  the  state  house. 

That  board,  however,  in  studying  the  current  use  and  dis- 
tribution of  office  accommodations  within  the  state  house, 
said : 

"  Whether  a  readjustment  of  business  methods  might  in 
some  cases  result  in  greater  efficiency  and  the  employment 
of  fewer  persons,  is  a  question  which  can  be  answered  only 
by  the  heads  of  departments  or  by  some  person  familiar 
with  methods  in  the  business  world." 

In  my  judgment  the  present  state  house  is  adapted  to 
accommodate  at  least  a  part  of  the  work  for  which  outside 
offices  are  now  rented,  and  I  therefore  request  authority  to 
appoint  a  board  of  three  men,  to  serve  without  pay,  whose 
duty  it  shall  be  to  determine  whether,  and  by  what  means, 
the  employees  of  the  state  for  whom  outside  offices  are  now 
rented  may  be  accommodated  in  the  state  house. 

The  function  of  this  board  would  be  to  study  the  present 
use  and  distribution  of  office  space  used  by  the  state  from 
the  point  of  view  of  business  men,  as  suggested  by  the 
previous  board.  They  would  consider  the  problem  as  if  this 
space  were  to  be  utilized  by  a  business  concern  dependent 
upon  private  capital. 

The  fimlings  of  this  board  will  be  of  special  value  at  this 
time  in  conjunction  with  the  work  upon  which  the  experts 
whom  you  have  authorized  me  to  employ  are  now  engaged. 

The  board  should  render  its  report  on  or  before  INfay  1, 
1911.  The  report  need  not  be  printed,  but  should  be  ren- 
dered in  triplicate,  to  the  executive,  the  president  of  the 
senate,  and  the  speaker  of  the  house. 


Special  Messages.  11(37 

[To  the  honorable  senate  and  house  of  representatives,  March  17,  191 1 .] 

I  have  the  honor  to  transmit  to  you  a  copy  of  a  letter 
from  the  Honorable  Franklin  MacVeagh,  secretary  of  the 
treasury,  asking  for  such  special  act  of  the  Massachusetts 
legislature  as  will  extend  the  period  within  which  a  plan 
may  be  tiled  in  the  office  of  the  secretary  of  the  common- 
wealth for  the  cession  of  land  for  a  federal  building  site  in 
Lowell. 

A  proposed  draft  of  the  act  necessary  is  also  enclosed, 
together  with  the  letter  from  the  honorable  secretary  of  the 
treasury  and  the  opinion  of  the  attorney-general  of  this 
commonwealth. 

In  accordance  with  the  request  of  the  honorable  secretary 
of  the  treasury,  I  invite  your  immediate  consideration  of 
this  matter. 

[To  the  honorable  senate  and  house  of  representatives,  March  24,  1911.] 

I  am  advised  by  the  adjutant  general  that  one  L.  F. 
Gates,  then  a  lieutenant  in  the  Massachusetts  naval  brigade, 
but  later  tried  by  court-martial  and  dismissed  from  the 
service,  contracted  bills  to  the  amount  of  $129.70  while  in 
the  commonwealth  of  Virginia  in  the  course  of  duty. 

These  bills  were  for  supplies  of  various  sorts  for  indi- 
vidual members  of  the  militia  but  were  purchased  in  con- 
nection with  other  supplies  which  it  was  the  duty  of  lieu- 
tenant Gates  to  obtain  and  furnish  to  the  militia.  He  col- 
lected the  amount  of  these  bills  from  the  persons  for  whom 
the  supplies  were  obtained,  but  did  not  pay  them.  He  is 
not  now  within  this  commonwealth. 

The  bills  are  not  legal  obligations  of  Massachusetts  and 
there  is  no  appropriation  from  which  they  may  be  paid. 
They  were,  however,  contracted  by  an  officer  wearing  the 
uniform  of  this  commonwealth  and  engaged  in  the  per- 
formance of  his  official  duties. 

In  my  judgment  the  good  name  of  Massachusetts  re- 
quires that  the  bills  be  paid,  and  I  recommend  that  an 
appropriation  be  made  for  this  purpose.  A  letter  from  the 
adjutant  general  dated  February  18th,  and  two  letters  from 
the  attorney-general  dated  respectively  February  28th  and 
March  3rd,*^  relative  to  this  matter,  are  appended  hereto. 


1168  Special  Messages. 

[To  the  honorable  senate  and  house  of  representatives,  March  27,  1911.) 

I  return  without  mj  approval  senate  bill  No.  834,  which 
appropriates  funds  from  the  state  treasury  to  be  expended 
upon  a  military  commemoration,  in  Lowell,  on  April  19th, 
to  mark  the  fiftieth  anniversary  of  the  first  shedding  of 
blood  by  Union  troops  in  the  civil  war. 

In  my  judgment  no  helpful  service  to  the  people  of  this 
commonwealth  or  of  the  nation  can  be  rendered  by  this 
commemoration  of  blood  shed  in  battle  between  the  then 
opposing  sections  of  this  country. 

Nearly  half  a  century  has  passed  since  the  principal 
events  of  the  civil  war,  and  in  so  far  as  it  is  still  right  and 
proper  to  apply  the  public  funds  to  mark  any  of  these 
events,  it  is  more  fitting,  as  a  rule,  for  us  to  use  them  to 
ensure  the  support  and  comfort  of  needy  veterans. 

If  any  anniversaries  in  connection  with  the  civil  war  are 
to  be  established  in  the  future  at  the  expense  of  the  state, 
they  should,  in  my  judgment,  commemorate  the  return  of 
peace. 

I  would  not  be  understood  as  beino-  hostile  to  any  local 
celebration  which  a  town  or  city  desires  to  hold  at  its  own 
expense. 

[To  the  honorable  senate  and  house  of  representatives,  March  28,  1911.] 

Under  chapter  82  of  the  acts  of  1911,  I  have  retained 
experts  to  investigate  the  commissions,  departments  and 
institutions  of  the  commonwealth. 

Owing  to  the  importance  of  these  various  lines  of  in- 
quiry^ and  to  their  wide  range,  I  believe  it  will  be  ex- 
pedient to  present  the  reports  of  the  experts  to  your 
attention  in  sections. 

I  now  submit  to  you  herewith  the  preliminary  report  of 
Mr.  ITarvey  S.  Chase.  I  recommend  this  re])ort  to  your 
careful  consideration ;  especially  Mr.  Chase's  statement 
that  "  nowhere  in  the  accounting  system  of  the  common- 
wealth is  there  provision  for  a  balance  sheet  which  should 
exhiliit  the  current  assets  and  the  current  liabilities  of  tlie 
whole  state  at  the  end  of  each  fiscal  year."  He  also  finds 
that  such  balance  sheet  should  be  prepared  monthly  for  the 
information  of  the  governor,  the  council  and  the  financial 
committees  of  the  legislature. 

I  earnestly  direct  your  attention  to  this  point  in  par- 
ticular, because,  in  my  judgment,  it  is  not  possible  to  trans- 


SrEciAL  Messages.  1169 

act  the  business  of  the  commonwealth  properly  upon  a 
modern  business  basis,  unless  such  monthly  accounting  of 
assets  and  liabilities  is  instituted. 

Moreover  Mr.  Chase  states,  in  reference  to  the  sinking 
funds,  that  "  the  state  taxes  have  been  higher  than  abso- 
lutely necessary,  by  the  amounts  which  have  been  paid  into 
the  sinking  funds  heretofore  in  excess  of  sound  and  suffi- 
cient requirements  annually." 

This  is  obviously  unjust  to  present  tax  payers;  it  throws 
on  them  a  burden  which  the  future  should  carry,  and  the 
condition  calls  for  careful  study  and  a  prompt  remedy. 

[To  the  honorable  senate  and  house  of  representatives,  March  30,  1911.] 

In  accordance  with  the  provisions  of  chapter  220  of  the 
acts  of  1910,  being  "  An  Act  to  provide  for  supervision  by 
the  governor  and  council  of  expenditures  and  other  financial 
operations  of  the  commonwealth,"  I  hereby  recommend  the 
enactment  of  bills  authorizing  the  payment  of  the  following 
sums,  namely :  — 


Massachusetts   Institute  of   Technology,   . 
Worcester    Polytechnic    Institute, 
Expenses  resulting'  from  wars,  . 
Massachnsetts    State   Firemen's    Association, 
Expenses  in  town  of  Mashpee,  repair  of  roads. 
Reimbursement    of    ofScial    bonds,    . 
Retired  veterans,        ..... 

Retired  prison  officers,       .... 

Construction  and  improvement  of  buildings, 
Maintenance   of  Old   State   House,   . 
Reimbursement  of  cities  and  towns  for  loss  of 
on   lands,         ...... 

Interest,       .         .....         . 

Improvement  of  harbors,  .... 

Public  buildings, 


.     $29,000  00 

15,000  00 

.     870,000  00 

15,000  00 

etc.,  300  00 

2,000  00 

43,500  00 

6,000  00 

2,000  00 

1,500  00 


taxes 


35,000  00 

1,267,270  74 

5,000  00 

87,500  00 


[To  the  honorable  senate  and  house  of  representatives,  April  5,  1911.] 

I  submit  herewith  a  second  report  from  one  of  the  ex- 
pert examiners  who  is  investigating  various  departments 
of  the  commonwealth,  Mr.  Harvey  S.  Chase.  This  report 
relates  to  the  bank  commissioner's  office. 

It  is  evident  from  this  report  that  the  expenses  of  the 
bank  commissioner's  office  have  been  increasing  at  a  rapid 
rate,  having  risen  in  ten  years  from  $22,000  (including 
cost  of  printing  reports)  to  $55,000,  and  this  year  the  es- 
timate of  expense  is  $83,500. 


1170  SpeclzVl  Messages. 

It  is  furthermore  evident  that  under  the  existing  con- 
ditions this  expense  would  continue  to  increase  and  thus 
add  an  excessive  burden  to  the  commonwealth. 

I  therefore  recommend  that  you  carefully  consider  Mr. 
Chase's  suggestion  that  the  investigation  not  only  of  savings 
hanks  but  of  trust  companies,  co-operative  and  private 
banks  and  bankers,  be  made  iu  future  by  public  account- 
ants, certified  under  the  laws  of  the  state,  w^ho  shall  be  paid 
by  the  banks,  but  whose  reports  shall  be  submitted  to  the 
bank  commissioner. 

This  rule  is  now  in  force  regarding  savings  banks,  and 
its  extension  to  include  all  other  banking  institutions  would 
remove  this  increasing  burden  from  the  commonwealth. 

Such  certified  accountants  should  be  placed  under  large 
bonds,  to  ensure  the  full  discharge  of  their  duty. 

I  also  direct  your  attention  to  the  fact  that  the  expert 
has  been  unable  to  determine  how  the  time  of  the  bank 
connnissioner's  examiners  has  been  spent  because  no  com- 
prehensive system  of  time  sheets  is  as  yet  in  operation. 
Mr.  Chase  reports  that  he  is  able  to  account  directly  from 
the  records  now  kept  for  only  about  $10,000  of  such  ex- 
penditure of  time  out  of  a  total  salary  list  of  $31,000  dur- 
ing the  year  1901),  and  for  about  $1-1,000  out  of  a  total  of 
$37,000  in  1910. 

It  is  obvious  that  a  comprehensive  system  of  time  sheets 
covering  the  use  made  of  working  time  for  which  the  com- 
monwealth pays  should  be  maintained. 

If  this  is  done  and  a  suitable  division  of  expense  is 
established  by  statute  between  the  work  of  the  bank  com- 
missioner's office  and  the  work  proposed  to  be  done  In- 
certified  acountants,  a  great  economy  of  expense  shouhl 
result  to  the  commonwealth. 

Furthermore,  it  appears  that  a  large  cost  is  incurred 
by  the  connnonwealth  on  account  of  the  present  manner 
in  which  vacations  are  granted  to  employees.  Considering 
that  the  office  hours  ke])t  in  the  offices  of  the  common- 
wealth are  exceedingly  moderate,  it  would  seem  reasonable 
to  investigate  carefully  (as  in  fact  is  now  being  done)  the 
average  ])ractice  among  the  various  departments  of  the 
state  in  regard  to  vacations. 

I  shall  bring  to  the  attention  of  the  council  the  necessity 
of  making  at  once  some  definite  plan  for  more  carefully 
controlling  the  time  now  withdrawn  from  the  public  ser- 


Special  Messages.  1171 

vice  by  reason  of  employees'  vacations,  and  endeavor  to 
place  this  matter  on  the  same  footing  that  is  usual  among 
business  concerns. 


[To  the  honorable  senate  and  house  of  representatives,  April  7,  1911.] 

The  prison  commissioners  have  asked  for  special  appro- 
priations aggregating  $23,250  for  new  machinery  in  the 
state  prison,  Massachusetts  reformatory  and  the  prison 
camp  and  hospital. 

I  have  directed  that  these  items  be  looked  into  by  one  of 
the  engineers  in  charge  of  the  investigation,  Mr.  H.  L.  Coe, 
—  and  I  present  his  report  herewith. 

The  sum  of  $4500  is  wanted  for  installing  a  new  engine 
at  the  Massachusetts  reformatory. 

There  are  at  present  two  engines  installed,  and  it  appears 
that  the  maximum  power  now  required  is  about  one  half 
the  capacity  of  one  of  these  engines.  The  second  engine  is 
out  of  balance,  and  if  it  had  to  run  continuously  would 
undoubtedly  require  repairs,  but  the  fact  is  that  it  is  used 
only  temporarily  when  the  other  engine  is  shut  down. 

The  extravagance  of  installing  a  new  and  expensive  en- 
gine under  these  circumstances  is  sufficiently  apparent 
from  the  foregoing. 

I  cannot  pass  this  appropriation,  therefore,  but  would 
recommend  that  the  reserve  engine  which  is  not  at  present 
in  use  be  repaired. 

N^evertheless,  the  engineer  reports  that  it  is  doubtful 
whether  the  defects  in  this  engine  are  due  to  an  accident 
to  the  engine  itself,  or  to  faulty  construction,  and  it  is  im- 
perative that  this  point  also  be  determined  satisfactorily 
before  the  state  repairs  the  engine  at  its  own  cost. 

At  the  state  prison,  new  boilers,  a  boiler  house  and  a 
chimney  are  asked  for,  aggregating  $17,500  of  expense. 

The  report  of  the  engineer  shows  that  there  are  now  in 
use  two  boilers  which  are  twenty-five  years  old,  and  two 
boilers  that  are  seventeen  years  old.  We  are  requested  to 
discard  all  these  boilers  and  buy  new  ones,  on  the  claim 
that  the  boilers  are  too  old  to  use  for  power.  The  reports 
of  the  boiler  inspectors,  however,  have  not  justified  such 
contention.  We  find  that  the  oldest  boilers  are  used  for 
power  and  the  newest  boilers  are  used  for  heating,  and  it 
would  seem  reasonable  to  cut  down  the  pressure  on  the  old 


1172  Special  Messages. 

boilers  and  use  them  for  heating,  and  use  the  newer  boilers 
for  power. 

If  this  is  done  we  shall  not  need  to  spend  $17,500,  but 
only  a  very  small  sum  will  be  needed  for  re-tubing  the 
seventeen  year  old  boilers. 

The  installation  of  one  new  boiler  in  place  of  the  three 
asked  for  will,  I  am  convinced,  not  only  answer  all  possible 
requirements  of  the  present,  but  will  give  ample  boiler 
capacity  for  many  years  to  come.  If  in  the  future  any 
one  of  the  existing  boilers  is  condemned,  the  new  boiler 
will  jn'ovide  power  to  take  the  place  of  it. 

I  am  advised  that  no  additional  chimney  will  be  required 
at  the  state  prison  for  this  arrangement,  as  there  are  two 
chimneys  already  standing. 

I  am  willing  to  allow  the  $1250  requested  for  laundry 
machinery  at  the  camp  and  $5100  for  one  new  boiler,  with 
setting,  addition  to  boiler  house,  and  for  re-tubing  two  of 
the  present  boilers  at  the  state  prison,  making  a  total  of 
$0350  in  place  of  the  $23,250  requested. 

[To  the  honorable  senate  and  house  of  representatives,  April  10,  1911.] 

TTiider  authority  of  chapter  82  of  the  acts  of  1911,  I 
assigned  to  Mr.  C.  L.  Harpham  of  the  Harpham  and  Barnes 
Company  of  Boston,  —  business  economists  and  engineers, 
—  the  work  of  investigating  the  state  farm  at  Bridgewater ; 
and  his  preliminary  report  is  submitted  herewith. 

I  regret  exceedingly  that  the  investigation  has  disclosed 
practices  with  respect  to  the  expenditure  of  money  which 
would  be  absolutely  intolerable  in  a  private  business  enter- 
prise.   These  practices  should  be  stopped  at  once. 

It  is  found,  for  example,  that  there  is  no  ])urchasing 
system  in  operation;  —  that  bids  are  not  solicited  for  food 
supplies,  —  and  that  there  are  grave  irregularities  in  tlie 
manner  of  disbursing  money. 

As  an  instance  of  this  it  is  only  necessary  to  say  that  the 
foreman  of  construction  has  drawn  approximately  $200,000 
during  the  past  fifteen  years,  of  which  $39,000  was  drawn 
during  the  past  three  years  (largely  on  his  own  personal 
receipts)  for  the  hire  of  laborers ;  and  that  as  a  rule  there 
are  no  receipts  on  file  of  any  sort  to  prove  what  disposition 
of  this  money  was  made. 

This  foreman,  althongh  ho  has  been  for  many  years  reg- 


Special  Messages.  1173 

ularly  employed  at  the  state  farm,  does  not  appear  in  the 
officially  printed  list  of  employes* 

Live-stock  is  bought  by  an  agent  of  the  state  farm  and 
paid  for  by  the  state ;  but  no  receipts  can  be  found  to  show 
from  whom  the  stock  was  purchased  or  at  what  price  the 
agent  bought  it. 

The  treasurer  of  the  institution,  who  does  the  purchas- 
ing and  who  is  on  a  regular  salary  of  $2500  a  year,  is  per- 
mitted to  draw  additional  sums  for  services.  As  an  ex- 
ample, he  presented  a  bill  December  5,  1910,  for  $175  on 
be'half  of  himself  and  another  maUj  for  taking  an  inventory 
of  the  stock  on  hand. 

In  my  judgment,  the  manner  in  which  supplies  are  pur- 
chased is  even  more  reprehensible,  —  for  while  the  pay- 
roll amounted  to  less  than  $100,000  during  the  past  year, 
sums  in  excess  of  $300,000  were  spent  for  food  products, 
materials  and  other  expenses  without  the  safeguards  which 
a  rigid  and  business-like  purchasing  system  would  pro- 
vide. 

It  appears  from  the  report  that  the  duties  of  treasurer 
of  this  institution  are  not  adequately  met. 

Moreover,  the  taxpayers  have  a  right  to  demand  that 
hereafter  the  food  supplies  of  this  institution  and  all  our 
other  institutions  shall  be  purchased  upon  a  basis  of  com- 
petitive bids,  and  that  price,  quality  and  service  shall  be 
the  determining  factors  in  approving  or  rejecting  bids. 

I  need  not  go  into  details  further  than  to  state  that  such 
a  purchasing  system,  if  applied  only  to  the  coal  purchased 
by  the  commonwealth  for  its  various  buildings,  —  should 
save  the  taxpayers  at  least  $40,000  annually ;  and  that  sim- 
ilar economies  must  result  from  a  more  business-like  sys- 
tem of  purchasing  materials,  food  products  and  other  sup- 
plies. This  system  should  provide,  however,  for  small  local 
purchases  when  necessary. 

I  am  very  glad  indeed  to  say  I  believe  that  Hollis  M. 
Blackstone,  the  superintendent  of  the  state  farm,  is  wholly 
innocent  of  any  intent  to  sanction  financial  laxity.  The 
state  farm  has  grown  from  a  small  beginning  to  its  present 
large  proportions.  During  this  growth  its  management 
should  have  taken  on  a  character  suited  to  a  large  business, 
but  this  has  not  been  done. 

In  view  of  these  conditions,  I  cannot  approve  the  appro- 
priation of  $20,000  for  further  improvements  and  repairs 


1174  Special  Messages. 

to  be  expended  under  the  present  system  of  carrying  on 
building  operations.  I  do  approve  the  balance  of  the  ap- 
propriation, namely,  $311,000,  which  is  absolutely  neces- 
sary for  the  conduct  of  the  institution ;  but  recommend  a 
complete  reorganization  of  the  existing  business  methods. 

[To  the  honorable  senate  and  house  of  representatives,  April  11,  1911.] 

I  desire  to  call  your  attention  to  the  order  ISTo.  1910 
recently  submitted  by  the  joint  committee  on  taxation,  re- 
questing the  opinion  of  the  supreme  judicial  court  upon 
important  questions  of  law  relating  to  the  power  of  the 
general  court  to  levy  assessments,  rates  and  taxes. 

The  recently  disclosed  attempts  by  wealthy  citizens  to 
evade  taxation,  —  particularly  taxation  of  personal  prop- 
erty, —  have  deeply  stirred  the  people  of  Massachusetts. 
Such  evasion  is  not  new,  but  it  has  now  reached  a  point 
where  extraordinary  effort  should  be  made  to  stop  it. 

Our  present  methods  of  taxation  are  undoubtedly  de- 
fective. Special  commissions  and  legislative  committees 
have  frequently  recommended  radical  changes,  and  the 
general  discontent  with  existing  methods  is  proved  by  the 
great  number  of  projects  submitted  to  you  for  amending 
them.  The  opinion  is  widespread  here,  and  in  fact  in  all 
civilized  countries,  that  the  burdens  of  taxation  are  not  at 
present  justly  distributed. 

Serious  questions  have,  however,  arisen  regarding  the 
constitutional  power  of  the  legislature  to  levy  taxes,  and 
so  long  as  such  doubt  exists  it  will  be  used  as  an  excuse  by 
all  whose  special  interests  are  opposed  to  the  general  wel- 
fare, to  discredit  and  oppose  any  such  change. 

In  order  that  our  present  tax  laws  may  be  amended  it  is 
absolutely  necessary  that  your  constitutional  authority  be 
determined  by  our  supreme  court. 

I  therefore  urge  upon  all  your  mend^ers  to  unite  in  ask- 
ing the  supreme  court  for  such  a  decision.  When  such 
determination  has  been  reached  you  can  attack  the  jmiblem 
of  im])r()ving  our  methods  of  a])porti(Uiing  and  enforcing 
taxes  with  some  hope  of  success. 

The  evasion  of  the  tax  laws,  whether  due  to  the  desire 
to  evade  just  burdens  or  to  weakness  in  the  system  of  tax- 
ation itself,  —  cannot  be  tolerated  in  any  country  that  is 
and  desires  to  remain  free. 

Sucli  evasion  debiniclies  private  morals  and  destroys  tlie 


Special  Messages.  1175 

foundation  of  good  citizenship.  It  converts  our  tax  laws 
into  agents  of  injustice  and  oppression,  and  thereby  strikes 
at  the  basis  of  political  justice.  It  creates  favored  classes 
and  arouses  the  resentment  of  the  less  favored  classes 
against  them,  and  thus  contributes  to  class  hatred  and 
prejudice. 

J^othing  more  certainly  destroys  respect  for  law ;  and 
I  am  persuaded  that  in  Massachusetts  the  time  has  come 
to  terminate  conditions  that  are  a  reproach  to  the  good 
name  of  the  commonwealth. 

It  goes  without  saying  that  our  laws,  whatever  they  may 
be,  relating  to  taxation,  —  should  be  enforced ;  and  I  now 
have  under  consideration  plans  for  improving  and  strength- 
ening the  methods  of  such  enforcement. 

[To  the  honorable  senate  and  house  of  representatives,  April  11,  1911.] 

I  return  herewith  an  act  "  Relative  to  the  promotion  of 
call  men  in  the  fire  department  of  the  city  of  Marlborough," 
which  provides  that  certain  call  men  in  the  Marlborough 
fire  department  shall  be  eligible  to  the  permanent  force  upon 
the  approval  of  the  mayor  and  the  certificate  of  a  physician, 
without  further  examination. 

I  cannot  approve  this  bill.  It  raises  the  present  age  limit 
of  eligibility  from  forty-five  years  to  fifty  years  and  cuts 
the  period  of  service  required  from  ten  years  down  to  five 
years ;  and  it  is  limited,  in  its  application,  to  Marlborough. 

I  can  see  no  reason  why  the  commonwealth  should  re- 
adjust these  details  in  respect  to  individual  towns  and  cities. 
If  existing  laws  are  wrong,  then  they  are  wrong  throughout 
the  commonwealth  and  should  be  properly  amended  to  apply 
to  all  communities. 

Again,  it  is  not  right  that  a  physician's  certificate  and  the 
endorsement  of  the  mayor  should  replace  the  examination 
of  a  candidate,  so  long  as  the  established  examination  is 
just  and  necessary.  If,  on  the  other  hand,  the  examination 
is  in  any  way  unjust,  steps  should  be  taken  to  change  the 
system  not  merely  in  Marlborough  but  throughout  the  com- 
monwealth. 

Moreover,  such  an  act  is  special  legislation,  and  favors  a 
particular  set  of  men  who  desire  promotion,  from  which 
present  regulations  exclude  them;  but  in  the  same  way 
such  acts  injure  an  equal  number  of  men  who  might  other- 
wise qualify  for  and  receive  positions.. 


Special  Messages. 

Efficient  call  men  shonld  be  perfectly  willing  to  compete 
for  positions  in  the  permanent  force,  and  not  rely  upon 
political  influence  for  appointment. 

[To  the  honorable  senate  and  house  of  representatives,  April  13,  1911.] 

I  assigned  to  Mr.  Clinton  H.  Scovell  the  work  of  investi- 
gating expenditures  in  connection  with  gypsy  and  brown 
tail  moth  extermination.    His  report  is  submitted  herewith. 

Mr.  Scovell  finds  that  the  public  is  not  getting  a  satisfac- 
tory return  from  the  present  vast  expenditures  of  public 
funds,  which  aggregate  nearly  $1,000,000  annually. 

He  finds  that  the  state  forester's  office  is  inefficient  and 
that  the  work  done  by  cities  and  towns  at  the  expense  of 
the  state  is  wasteful. 

The  state  gives  large  sums  to  towns  and  cities  which  are 
paid  out  to  men  who  may,  and  may  not,  do  the  work  for 
which  they  are  paid.  The  state  inspectors'  reports  indicate 
that  in  many  cities  and  towns  this  expense  is  worse  than 
wasted. 

The  work  of  hunting  for  nests  and  exterminating  them 
has  absolutely  failed  to  stop  the  spread  of  the  pests,  and 
apparently  the  only  hope  of  extermination  lies  in  the  use 
of  parasites  which  attack  and  kill  them.  Yet,  in  many 
cases,  I  am  informed  that  the  present  method  of  extermina- 
tion by  spraying  kills  these  parasites  as  well  as  the  pests. 

In  my  opinion  all,  or  nearly  all,  future  work  should  be 
limited  to  the  frontier  of  infested  territory  to  prevent  the 
spread  of  the  pests.  By  this  means  the  state  will  work  in  co- 
operation with  the  federal  government  which  is  also  trying 
to  protect  the  uninfested  territory,  and  devoting  $;iOO,000 
to  this  end. 

In  the  purchase  and  distribution  of  supplies  there  is  also 
serious  lack  of  business  method  ;  materials  and  su})])lies  are 
not  satisfactorily  billed  or  inventoried. 

In  my  judgment  the  present  state  forester  cannot,  and 
does  not,  give  to  the  moth  work  I  ho  attention  it  demands. 
His  field  is  the  general  department  of  forestry,  which  it 
may  prove  feasible  to  combine  with  the  work  of  the  fish- 
eries and  game  department,  under  the  direction  of  a  single 
manager. 

In  my  opinion  the  gypsy  moth  work  should  be  ]>ut  into 
the  hands  of  a  manager  wIk.  should  give  his  whole  time 
to  it  and  be  responsible  for  the  full  performance  of  all  work 


Special  Messages.  1177 

in  this  line  for  which  the  state  pays  money.  He  should 
have  direct  authority  over  the  moth  work  now  done  by  the 
forester's  office,  by  the  highway  department,  the  metro- 
politan park  commission  and  all  other  departments  of  the 
state.  Only  in  this  way  will  the  work  be  brought  to  a 
uniform  grade  of  efficiency. 

Every  reimbursement  demanded  by  a  town  or  city  should 
be  refused  until  the  state  manager  certilies  that  the  work  is 
well  done.  For  only  in  this  way  will  it  be  possible  to  stop 
the  present  gross  misuse  of  public  funds. 

I  shall  take  up  at  once  with  the  council  the  necessity  of 
establishing  a  better  business  method  of  dealing  with  these 
problems. 

The  current  appropriations  pending  for  this  work  are 
as  follows : 

Metropolitan  park  commission  asks  for  $78,890. 

Massachusetts  highway  commission  asks  for  $10,000. 

The  state  forester  also  asks  now  for  $150,000,  and  will 
undoubtedly  (as  in  previous  years)  ask  for  special  appro- 
priations which  will  more  than  double  this  figure. 

To  these  sums  must  be  added  the  net  expenses  of  cities 
and  towns  amounting  to  $200,000  or  more,  and  the  $300,- 
000  appropriation  by  the  federal  government,  to  show  the 
actual  expense  of  public  funds. 

I  regret  that  the  pending  annual  appropriation  of  $150,- 

000  for  moth  work  under  the  state  forester  has  been 
authorized  by  a  previous  legislature  to  run  for  three  years, 
this  being  the  third  year.    See  chapter  452,  acts,  of  1909. 

Special  appropriations  were  passed  last  year  bringing 
the  year's  total  appropriation  up  to  $315,000.  In  my  judg- 
ment these  special  appropriations  should  be  withheld.  The 
sum  of  $150,000  which  should  be  ample  to  cover  all  work 
that  can  be  usefully  done,  is  hereby  approved. 

Respecting  the  further  sums  required  by  the  forester 
for  his  forestry  work,  and  for  the  maintenance  of  his  office, 

1  am  compelled  to  defer  my  approval  of  these  while  consid- 
ering the  feasibility  of  recommending  to  the  legislature 
the  consolidation  of  this  work  with  the  department  of  fish- 
eries and  game  under  a  single  head. 

[To  the  honorable  senate  and  house  of  representatives,  April  14,  1911.] 

I  submit  herewith  iMr.  Harvey  S.  Chase's  report  on  the 
insurance  commissioner's  department. 


1178  Special  Messages. 

I  call  your  attention  to  Mr.  Chase's  figures  regarding 
the  moneys  collected  by  this  department,  which  now  ap- 
proximate $100,000  annually,  although  the  liability  bonds 
under  which  the  insurance  commissioner's  office  is  secured 
amount  to  only  $10,000;  and  I  earnestly  advise,  as  a  mat- 
ter of  good  business  management,  that  the  statutes  be 
amended  so  that  practically  all  moneys  paid  into  the  com- 
monwealth may  come  directly  to  the  treasurer's  office. 

I  also  note  again  the  fact  that  no  satisfactory  records 
are  kept  of  the  time  spent  by  employees.  Also  that  there 
is  wide  variation  among  the  different  departments  in  re- 
spect to  sick  leave,  and  rates  of  pay  during  absence  from 
office. 

I  shall  refer  this  portion  of  Mr.  Chase's  report  to  the 
council  in  connection  with  similar  findings  in  other  de- 
partments, and  endeavor  to  bring  about  a  uniform  method 
throughout  the  offices  of  the  commonwealth,  in  line  with 
the  practice  of  the  best  private  business  concerns. 

Throughout  all  the  foregoing  points  it  should  be  borne 
in  mind  that  the  insurance  commissioner's  office  is  not 
under  censure.  The  lax  method  of  administration  through- 
out the  offices  of  the  commonwealth,  by  which  such  lack 
of  uniformity  has  arisen,  calls  for  correction. 

With  respect  to  the  duties  of  the  insurance  commis- 
sioner, Mr.  Chase  finds  it  is  impossible  for  the  insurance 
commissioner's  office  to  completely  verify  the  assets  and 
liabilities  of  the  insurance  companies  under  the  existing 
statutes,  and  I  believe  that  the  statutes  should  be  revised 
in  this  particular. 

It  is  manifestly  absurd  to  have  on  the  statute  books  any 
requirements  which  cannot  be  fully  complied  with  under 
the  conditions  of  the  statutes,  and  it  is  destructive  of  all 
good  governmental  policy  to  impose  requirements  and  not 
provide  for  meeting  them. 

Respecting  the  present  use  of  space,  I  defer  considera- 
tion until  a  later  report  in  which  this  and  other  offices  of 
the  commonwealth  will  be  compared  with  office  space  as 
utilized  in  private  business  enterprises. 

I  approve  the  appropriation  of  $73,500  for  this  dejvirt- 
ment,  Init  ui-ge  your  attention  to  the  matters  of  bonding 
and  (if  centralizing  :i!l  moneys  in  tlic  hands  of  the  treas- 
nrcr. 


$5,836 

00 

280 

00 

5,000 

00 

10,000 

00 

700 

00 

10,000 

00 

1,000 

00 

Special  Messages.  1179 

[To  the  honorable  senate  and  house  of  representatives,  April  14,  1911.] 

Ill  accordance  with  the  provisions  of  chapter  220  of  the 
acts  of  1910,  being  ''  An  Act  to  provide  for  supervision  by 
the  governor  and  council  of  expenditures  and  other  financial 
operations  of  the  commonwealth,"  I  hereby  recommend  the 
enactment  of  bills  authorizing  the  payment  of  the  following 
sums,  namely : 

Annuities  to  soldiers  and  others,       .... 

Pensions, 

Premiums  on  securities  purchased  for  the  Massachu- 
setts School  Fund, 

Pavment  of  claims  arisin.o-  from  the  death  of  firemen, 

Fees  for  medical  examiners, 

Damages  by  wild   deer, 

Small  items, 

Assistance  to  the  town  of  Truro  in  maintaining  a 

section  of  its  highway  knoAvn  as  Beach  Point  road,  500  00 

[To  the  honorable  senate  and  house  of  representatives,  April  14,  1911.] 

In  accordance  with  the  provisions  of  chapter  220  of  the 
acts  of  1910,  being  "  An  Act  to  provide  for  supervision  by 
the  governor  and  council  of  expenditures  and  other  financial 
operations  of  the  commonwealth,"  I  transmit  herewith  an 
estimate  by  the  metropolitan  water  and  sewerage  board 
for  supplying  the  town  of  Hyde  Park  with  water  from  the 
metropolitan  water  works. 

Under  the  acts  of  1895,  the  town  of  Hyde  Park  was 
made  one  of  the  municipalities  constituting  the  metropoli- 
tan water  district.  It  has  not,  however,  been  supplied  with 
water  from  the  metropolitan  water  w^orks,  but  the  town 
having  now  duly  made  application,  it  is  the  duty  of  the 
board  under  the  act  to  proceed  at  once  to  take  the  necessary 
measures  therefor. 

The  estimates  of  the  metropolitan  water  and  sewerage 
board,  aggregating  $212,000,  are  approved,  and  I  recom- 
mend for  your  consideration  the  draft  of  an  act  which  has 
been  submitted  with  the  estimates  by  the  metropolitan 
water  and  sewerage  board. 

In  approving  this  expenditure,  I  recommend  that  the 
money  be  raised  by  suitable  bonds,  substantially  in  accord- 
ance with  the  provisions  of  the  act  as  drafted. 


Special  Messages. 

[To  the  honorable  senate  and  house  of  representatives,  April  15,  1911.] 

The  Honorable  William  M.  Olin,  secretary  of  the  com- 
monwealth of  Massachusetts,  died  at  his  home  in  Boston 
this  fifteenth  day  of  April,  at  12  o'clock  noon. 

It  is  with  most  profound  regret  that  I  make  this  official 
announcement  to  your  honorable  bodies. 

Althongh  of  southern  birth,  he  came  from  ISTew  England 
parentage,  and  most  of  his  life  was  spent  in  Massachusetts. 

Entering  the  army  a  boy  as  a  private  soldier,  he  served 
throngh  the  war  with  honor  and  distinction^  His  loyal 
services  have  been  signally  recognized  by  the  Grand  Army 
of  the  Republic.  His  ever  flowing  fund  of  good  humor 
was  never  overtaxed,  and  whether  at  a  camp-fire  of  the 
grand  army  or  in  his  chosen  circle  of  friends,  he  was  ever 
the  same  in  cordial  friendliness  toward  all  who  were  within 
the  circle  of  his  influence. 

As  a  citizen  he  was  true  to  all  the  duties  of  civic  life. 
He  was  called  to  the  public  service  in  1890  in  the  office  of 
secretary  of  the  commonwealth.  His  predecessors  had  been 
men  who  had  held  the  office  for  long  terms  and  hail  always 
enjoyed  the  public  confidence.  To  say  that  he  was  the 
ecpial  of  any  A\ho  had  preceded  him  in  public  esteem  is  to 
l^ay  to  him  a  high  l)ut  a  deserved  compliment. 

It  may  be  said  of  him  in  truth  that  none  had  enjoyed 
any  fuller  measure  of  public  confidence,  and  no  one  had 
filled  a  wider  sphere  in  the  social  life  of  the  large  circle  in 
which  he  moved.   * 

His  devotion  to  his  duties  as  secretary  of  the  common- 
wealth was  conscientious  and  painstaking.  He  was  always 
at  his  post  and  spared  neither  time  nor  slrciigth  in  the  per- 
formance of  Ills'  duties. 

He  endeared  himself  to  all  with  whom  he  came  in  con- 
tact and  he  most  faithfully  au<l  nltly  served  the  common- 
wealth. 

I  have  directed  that  the  national  and  state  ilags  be  low- 
ered to  half-staff  on  all  buildings  of  the  commonwealth 
from  now  until  after  the  funeral  as  a  token  of  respect. 

Your  honorable  bodices  will  doubtless  take  such  action  as 
may  seem  fitting,  and  T  will  meet  the  convenience  of  any 
committee  that  may  be  n]ip<>iuted  and  confer  with  the  com- 
mittee as  to  the  best  method  of  showing  respect  to  his 
memory. 


Special  Messages.  1181 

[To  the  honorable  senate  and  house  of  representatives,  April  20,  1911.] 

I  am.  in  receiiJt  of  a  letter  from  the  acting  secretary 
of  the  navy,  under  date  of  April  13th,  calling  attention 
to  a  recently  approved  act  of  congress  "  to  protect  the 
dignity  and  honor  of  the  uniform  of  the  United  Slates." 

This  act,  a  copy  of  which  is  attached  hereto,  prohibits 
proprietors,  managers  or  employees  of  theatres  or  other 
public  places  of  entertainment,  or  amusement,  from  mak- 
ing any  discrimination  against  any  person  lawfully  wear- 
ing the  uniform  of  the  army,  navy,  revenue-cutter  service 
or  marine  corj^s  because  of  such  uniform.  The  act  is  appli- 
cable only  to  the  district  of  Columbia  and.  other  territory 
over  which  congTcss  has  legislative  power. 

The  secretary  also  refers  to  the  frequent  visits  of  naval 
vessels  to  the  harbors  of  Massachusetts,  and  adds  that  the 
navy  department  would  be  very  much  gratified  if  legis- 
lation might  be  secured  in  Massachusetts  along  the  lines  of 
the  act  of  congress  on  this  subject. 

If  you  find  that  there  is  any  such  discrimination  within 
this  state  I  hope  you  will  take  suitable  measures  to  stop  it. 

[To  the  honorable  senate  and  house  of  representatives,  April  20,  1911.] 

I  call  to  your  attention  the  necessity  of  providing  for 
the  regulation  of  aeroplanes. 

These  machines  are  now  being  manufactured  in  such 
numbers  that  the  present  year  will  probably  witness  a 
greatly  increased  use  of  them.  They  already  present  a 
serious  menace  to  life,  and  their  increasing  use  will  occa- 
sion a  much  more  serious  danger  to  the  public. 

They  should,  I  believe,  be  restricted,  so  far  as  law  can 
accomplish  such  result,  to  certain  limited  and  specified 
routes  and  practice  grounds. 

Governor  Baldwin  of  Connecticut  has  kindly  sent  me 
the  draft  of  a  bill  recently  introduced  into  the  legislature 
of  that  state,  and  I  transmit  it  herewith  for  your  con- 
sideration. 

In  connection  with  this  subject  I  desire  to  say  that  it 
appears  to  me  that  gi*eat  advantage  would  result  if  all  legis- 
lation of  this  sort  is  enacted  in  co-operation  with  the  legis- 
latures of  the  other  ISTew  England  states. 

For  lack  of  such  co-operation,  Massachusetts  and  the 
other  New  England  states  have  in  the  past  enacted  laws 


1182  Special  Messages. 

rcgnlating  transportation  which  are  widely  at  variance. 
Much  confusion  and  waste  result  from  such  lack  of  method, 
and  our  New  England  states  thus  lose  the  value  which  a 
sort  of  confederation  in  our  legislative  methods  would  bring 
about. 

I  urge  you  to  consult  with  the  governing  bodies  of  other 
'New  England  states  and  endeavor  to  formulate  laws  for  the 
regulation  of  transportation  by  air-craft  which  will  be  fairly 
uniform. 

[To  the  honorable  senate  and  house  of  representatives,  April  20,  1911.] 

I  request  that  the  legislature  empower  the  governor, 
with  the  consent  of  the  council,  to  appoint  a  single  com- 
missioner to  visit  the  site  of  the  forthcoming  Panama 
Exposition  at  San  Francisco,  and  report  his  recommenda- 
tions to  the  legislature  as  to  Avhat  sort  of  building  the  com- 
monwealth ought  to  erect  at  the  exposition  and  what  further 
plans  should  be  made  for  suitably  representing  the  state 
and  her  industries. 

The  commissioner  should  also  indicate  whether,  in  his 
judgment,  Massachusetts  cannot  co-operate  with  all  the 
other  New  England  states  to  erect  a  joint  exposition 
building. 

ISTew  England  in  a  large  sense  is  a  unit,  and  our  local 
industries  are  sufficiently  related  to  those  of  all  the  other 
New  England  states  to  justify  careful  consideration  being 
given  to  this  matter. 

Such  a  joint  exhibit  should  result  not  only  in  marked 
economy  but  increased  effectiveness,  and  would  demon- 
strate to  the  world  the  industrial  power  of  New  England  as 
a  whole. 

If  such  joint  building  appears  feasible,  the  common- 
wealth would  not  require  a  special  building  of  her  own, 
and  the  commissioner's  recommendations  should  indicate 
whatever  advantages  he  believes  both  plans  may  present. 

1  recommend  that  not  over  $1,000  be  appropriated  for 
the  expenses  which  the  commissioner  may  incur  during  the 
current  year. 


[To  the  honorable  senate  and  house  of  representatives,  April  21,  1911.] 
I  transmit  herewith  the  re]iort  of  Mr.  Harvey  S.  Chase 
upon  his  investigation  of  the  bureau  of  statistics  of  the 
commonwealth.     The  report  relates  especially  to  the  rev- 


Special  Messages.  1183 

eniie  flcfieieiicios  and  the  increasing  debts  of  municipali- 
ties thronghont  the  f^tatc. 

I  call  your  attention  to  the  extraordinary  condition  in 
many  of  our  cities  and  towns  in  relation  to  trust  funds. 
It  appears  that  more  than  $850,000  of  funds  left  in  trust 
to  cities  and  towns  have  been  appropriated  and  used  for 
current  expenses,  and  there  are  no  specific  assets  to  repre- 
sent these  legacies  and  bequests. 

Mr.  Chase  furthermore  finds  after  examination  of  only 
one  half  of  the  towns  in  the  state  that  over  one  million 
dollars  of  outstanding  obligations  of  these  communities 
have  no  provisions  whatsoever  for  payment,  no  sinking 
funds,  no  serial  bonding  provisions,  and  no  offsetting  assets 
other  than  the  general  taxing  power. 

Some  of  these  funds  have  been  running  for  twenty, 
thirty  and  even  sixty  years.  One  such  fund  for  $1,000 
has  paid  to  date  $3,540  in  interest.  Another  fund  of 
$50,000  has  paid  over  $123,000  in  interest. 

Mr.  Chase  also  finds  that  in  many  cities  and  towns  loans 
in  anticipation  of  tax  collections  are  not  paid  from  such 
collections  within  the  year,  as  the  law  directs,  but  are 
renewed  and  made  a  permanent  obligation  of  the  city  or 
town.  This  is  directly  contrary  to  the  intent  of  the  law. 
Two  hundred  thousand  dollars  of  such  notes  have  been 
found  in  one  city,  $160,000  in  another,  and  relatively  large 
amounts  in  other  cities  and  towns. 

The  extraordinary  increase  of  municipal  debts  in  recent 
years  appears  to  result  in  large  part  from  unwise  legis- 
lation. 

The  law  has  limited  the  local  tax  rate,  instead  of  suit- 
ably limiting  the  purpose  for  which  towns  and  cities  may 
incur  debt. 

Municipalities  thus  incur  immense  debts  through  issu- 
ing bonds  and  using  the  proceeds  to  pay  their  annual  run- 
ning expenses. 

This  is  a  dangerous  practice.  Mr.  Chase  states  that  "  it 
is  obligatory  upon  the  legislature  at  the  earliest  practicable 
moment  to  change  the  policy  of  the  state  in  this  respect." 
I»I"o  other  state  in  the  Union  presents  a  parallel  case. 

These  '  dangerous  conditions  show  the  necessity  for  a 
state-wide  finance  commission. 

I  believe  this  is  one  of  the  most  important  matters  into 
which  the  investigators  are  examining. 


1184  Special  Messages. 

I  desire  to  call  attention  also  to  the  recommendation 
which  I  made  in  my  inaugural  message  that  the  i^ublic 
business  within  this  commonwealth  should  be  conducted 
along  well-established  business  lines;  that  the  methods  of 
compiling  statistics  in  various  cities,  county  and  town 
administrative  departments  appear  to  be  an  arithmetical 
chaos ;  that  expenses  have  increased  in  the  several  counties 
of  the  state,  while  it  has  been  impossible  to  obtain  reliable 
information  regarding  these  costs. 

I  called  attention  to  the  necessity  of  creating  a  central 
finance  board  with  powers  covering  the  whole  state,  and 
having  authority  to  sununon  persons  with  papers. 

Such  a  board  would  be  of  the  highest  importance  as  a 
means  of  preventing  fraud  and  extravagance. 

Mr.  Chase's  report  fully  confirms  the  foregoing,  and  I 
w^ould  deplore  the  failure  of  the  present  legislature  to 
create  a  central  finance  board  for  the  state. 

I  urge  you  not  to  leave  this  matter  until  you  have  given 
it  careful  consideration,  and  enacted  the  necessary  legis- 
lation. 

A  further  point  to  which  I  wish  to  direct  your  attention 
is  in  relation  to  the  free  eni])loyment  offices  conducted 
under  the  bureau  of  statistics. 

Mr.  Chase  finds  that  for  the  last  year  the  cost  to  the 
state  for  each  position  secured  to  ajiplicants  by  these  offices 
has  averaged  9G  cents  and  that  over  twenty  thousand  posi- 
tions have  been  filled. 

I  desire  to  see  these  free  employment  offices  used  by  the 
institutions  of  the  state  for  securing  employees. 

Especially  in  our  asylums  where  the  attendants  remain 
on  an  average  considerably  less  than  one  year,  great  hard- 
shi])  is  caused  to  them  by  the  existing  method  of  hiring 
employees  from  private  employment  agencies.  I  am  in- 
formed that  these  private  agencies  exact  a  fee  amounting 
to  two  weeks'  wages  in  some  cases,  and  I  believe  it  will  be 
better  if  the  state  were  to  secure  employees  for  its  institu- 
tions froui  the  free  employment  offices  which  are  conducted 
under  the  bureau  of  statistics. 

I  approve  the  pending  appropriation  of  $95,750  for  the 
expenses  of  the  bureau  of  statistics,  but  urge  that  a  finance 
board  be  created  with  powers  to  remedy  effectively  the  dan- 
gerous condition  of  ])ublic  finances  which  the  bureau  of 
statistics  has  revealed. 


Special  Messages.  1185 

[To  the  honorable  senate  and  house  of  representatives,  April  24,  1911.] 

Herewith  I  transmit  Mr.  C.  L.  Ilai-phain's  preliminary 
report  on  the  Massachusetts  Agricultural  College. 

The  present  inventory  value  of  the  property  is  slightly 
over  $883,000  and  there  are  402  regular  students  en- 
rolled. 

The  working  spirit  of  the  college  is  commended,  and 
means  suggested  whereby  its  usefulness  to  the  farmers  of 
the  state  can  be  increased.  Considering  the  vast  impor- 
tance of  agriculture  in  this  commonwealth,  I  think  these 
suggestions  should  have  earnest  attention. 

Turning  now  to  the  pending  appropriations,  the  college 
now  wishes  to  erect  a  $75,000  dairy-demonstrating  build- 
ing; a  brick,  steel  and  concrete  structure  of  three  stories 
and  basement,  and  including  a  bacteriological  laboratory 
and  museum. 

I  cannot  believe  that  such  a  building  —  totally  unlike 
anything  the  average  farmer  would  build  —  can  afford 
him  a  practical  demonstration  of  profitable  dairying.  Mr. 
Harpham  finds  that  the  present  quarters  for  this  work 
are  crowded,  and  I  think  plans  should  be  made  now  for 
a  typical  farm  building  of  moderate  cost,  such  as  the 
average  farmer  could  use  on  his  own  farm,  modified  only 
as  required  for  demonstrating  purposes. 

I  also  recommend  that  all  demonstration  work  at  the 
farm,  in  poultry,  market-gardening  and  horticultural  work, 
be  put  on  a  commercial  basis.  That  is,  if  such  demonstra- 
tions are  to  help  the  farmers  to  make  money,  they  ought 
to  demonstrate  money-making  power.  At  present,  I  am 
informed,  the  demonstrations  are  the  principal  items  of 
expense. 

Mr.  Harpham  advises  also  that  the  college  conduct  dem- 
onstrations in  farming  at  the  various  state  farms,  in  order 
to  spread  them  over  the  state  where  the  farmers  can  visit 
and  profit  by  them.  Such  demonstrations  might  require 
hired  labor,  but  if  the  demonstrations  were  of  the  right 
sort,  such  labor  would  pay  for  itself. 

Furthermore  the  college  is  now  free  to  all  students.  Yet, 
37  other  state  colleges  now  charge  tuition  to  all  students 
from  other  states,  and  17  of  these  charge  their  own  stu- 
dents also. 

I  think  we  should  collect  tuition  from  students  from 
other  states,  who  form  from  15  to  20  per  cent  of  the  total 


1180  Special  Messages. 

regular  enrollment.  Mr.  Ilarpham  recommends  that  our 
own  students  also  pay  tuition,  believing  that  the  principal 
benefit  of  the  college  is  not  to  these  students  but  to  the 
farmers  whom  the  college  can  reach  through  demonstra- 
tions and  advice. 

A  $25,000  addition  to  the  dining  hall  is  requested  to 
accommodate  the  expected  increase  of  students  next  year, 
and  also  a  $20,000  dormitory  to  house  fifty  students.  But 
so  long  as  we  maintain  that  number  of  non-paying  stu- 
dents from  other  states,  I  do  not  think  either  of  these 
expenses  should  be  allowed. 

Aside  from  new  buildings,  $91,500  is  wanted  for  im- 
provements, repairs  and  maintenance.  This  is  over  11  j^er 
cent  of  the  total  inventory  value  of  the  buildings  and 
equipment  and  is  obviously  excessive. 

For  current  running  expenses  the  sum  of  $1-15,800  is 
wanted.  Last  year  $129,282  was  spent  and  I  can  approve 
only  this  latter  sum  for  the  current  year.  That  is  the 
basis  on  which  the  college  is  now  running.  This  sum 
should  be  spent  substantially  as  last  year.  It  includes 
maintenance  charges  of  $44,500,  or  5  per  cent  of  the 
value  of  the  plant,  which  should  be  sufficient. 

I  fully  realize  the  importance  of  agriculture  in  this  state, 
and  for  that  reason  I  think  all  future  extensions  of  the 
college  ought  to  represent  practical,  farming  conditions. 

I  believe  that  the  expenses  of  the  college  are  growing  out 
of  proportion  to  the  direct  practical  value  of  such  costs  to 
our  agTicultural  interests,  and  that  such  increase  should 
cease  until  the  present  capital  cost  and  running  expenses 
of  the  college  are  being  made  more  directly  and  imme- 
diately valuable  to  Massachusetts  farmers.  When  that  is 
accomplished  it  may  be  right  for  the  commonwealth  to 
incur  further  debt  on  behalf  of  new  college  buildings  and 
equipment. 

For  the  reasons  stated  I  cannot  pass  the  special  appro- 
priations now  requested  and  amounting  to  $187,500  for 
new  buildings,  extra  equipment  and  extra  maintenance 
items. 

[To  the  honorable  senate,  April  25,  1911.] 

I  am  particularly  concerned  with  the  immediate  passage 
of  the  resolve  for  the  amendment  to  the  constitution  of  the 
United  States  providing  the  income  tax. 


Special  Messages.  1187 

A  large  income  is  the  sure  sign  of  individual  prosperity, 
while  the  touch  of  adversity  will  destroy  or  reduce  the  in- 
come beyond  the  reach  of  the  tax  gatherer.  The  burdens 
will  fall  upon  those  able  to  bear  them  and  thus  the  less  for- 
tunate will  be  relieved. 

Massachusetts  is  a  wealthy  state  and  it  has  been  freely 
said,  and  a  former  vote  of  the  legislature  has  indicated, 
that  our  commonwealth  is  willing  to  hug  her  riches  and 
refuse  to  give  to  the  government  power  to  reach  it  in  time 
of  need. 

It  is  also  said  that  our  commonwealth  has  acquired  her 
vast  wealth  under  tariff  laws  which  have  given  her  and 
other  Eastern  states  special  privileges  in  industrial  devel- 
opment. What  can  create  more  definitely  and  more  justly 
the  impression  that  we  are  unwilling  to  strengthen  the  gen- 
eral government  out  of  our  abundance  than  our  refusal 
now  to  approve  this  right  to  tax  ? 

The  assent  of  35  states  is  required  and  30  have  already 
endorsed  the  amendment.  A  few  weeks  may  put  our  com- 
monwealth into  the  position  of  yielding  under  compulsion. 
To  assent  after  two  thirds  of  the  states  have  approved  will 
destroy  all  the  prestige  which  we  should  attain  were  we 
now  to  join  in  creating  the  necessary  number.  Should 
Massachusetts  now  send  forth  the  message  to  the  Union  that 
she  joins  eagerly  in  the  passage  of  the  amendment,  it  is 
plain  that  all  doubt  would  be  removed. 

Our  commonwealth  stands  among  the  most  honored  of 
the  states.  Were  she  now  to  say  this  word,  all  controversy 
would  end  and  her  action  would  be  accepted  as  the  signal  to 
all  the  states  to  make  the  vote  unanimous.  The  question 
is,  therefore,  whether  she  shall  not  decide  the  issue  favor- 
ably or  shall  be  forced  to  submit,  and  allow  her  grudging 
assent  to  stand  as  evidence  that  she  loves  her  dollars  more 
than  she  loves  the  Union  which  has  blessed  her  with  peace, 
security  and  abundant  prosperity. 

[To  the  honorable  senate  and  house  of  representatives,  April  26,  1911.] 

I  transmit  herewith  a  report  on  the  economy  of  service 
in  the  state  house,  by  Mr.  H.  L.  Coe,  who  is  associated 
with  Mr.  C.  L.  Harpham  in  the  current  investigation  of 
public  expenditures. 

The  appropriations  for  the  current  running  expenses  of 
the  state  house,  which  are  to  be  spent  mainly  under  the 


1188  Special  Messages. 

supervision  of  the  sergeant-at-arms,  include  $148,400  for 
the  sergeant-at-arms'  department  and  sums  aggregating 
$6(5,480  additional  for  clerical  and  messenger  service,  door- 
keepers and  pages  in  the  legislative  department ;  a  total 
of  approximately  a  quarter  of  a  million  dollars  a  year. 

It  appears  that  these  public  expenses  are  greatly  in  ex- 
cess of  the  amounts  required  under  good  business  man- 
agement. For  instance  Mr.  Coe,  who  is  an  experienced 
engineer,  finds  that  the  cost  of  power  per  horse-power-per- 
year  in  the  state  house  is  $222  and  that  for  average  serv- 
ice in  business  concerns,  this  cost  only  reaches  from  $35  to 
$40  per  horse-power-per-ycar.  Under  exceptional  circum- 
stances such  privately  supplied  power,  running  24  hours 
a  day,  might  reach  $85. 

Mr.  Coe  finds  that  this  inefficiency  extends  even  to  the 
fire  room,  where  the  average  coal  shoveled  per  man  per 
eight  hour  shift  is  21/2  tons  as  against  at  least  5  tons  shov- 
eled in  good  practice.  Similarly  the  state  is  paying  $8,000 
a  year  for  elevator  attendance  as  against  less  than  half  this 
amount  which  would  be  paid  in  the  average  office  building 
for  the  same  service. 

Again,  it  costs  over  $60,000  a  year  to  clean  the  building 
and  keep  it  in  repair,  excluding  special  appropriations  for 
large  alterations.  The  expert  finds  that  this  service  is 
extremely  high  and  it  is  fair  to  suppose  that  economies 
can  be  effected  in  it  similar  to  those  which  must  be  effected 
in  the  power  service. 

In  addition  to  these  excessive  expenditures,  the  sergeant- 
at-arms  is  in  charge  of  the  legislative  service  for  clerks, 
messengers,  pages,  etc.,  and  these  costs  of  over  $66,000  a 
year  approximate  $10  per  week  for  each  member  of  the 
legislature  during  an  average  legislative  session. 

It  is  obvious  that  the  serirennt-at-arms  is  in  charc;e  of 
two  separate  lines  of  work  which  are  absolutely  unrelated 
to  each  other,  but  aggregating  nearly  a  quarter  of  a  mil- 
lion dollars  yearly. 

The  sergeant-at-arms  is  also  in  charge  of  the  state  house 
watchmen,  whose  yearly  pay  totals  up  to  $14,000;  yet 
there  is  no  time-recording  apparatus  in  the  state  house  to 
register  the  watchmen's  rounds,  and  no  fire  protection 
apparatus  of  any  consequence  for  the  watchmen's  use. 

I  wisli  to  say  that  I  believe  the  sergeant-at-arms  is  not 
responsible  for  these  excessive  costs.     The  trouble  is  with 


Special  Messages.  1189 

the  grossly  unLusiness-like  iiietliod  under  whicli  these  dif- 
ferent lines  of  work  are  entrusted  to  him. 

In  my  judgment  the  only  way  to  correct  this  evil  is  to 
place  the  superintendence  and  operation  of  the  state  house 
in  the  hands  of  a  capable  business  manager  or  superin- 
tendent of  building  and  grounds,  leaving  the  sergeant-at- 
arms  free  to  devote  his  entire  time  to  the  legislative  serv- 
ice.  I  am  confident  that  such  a  manager  will  be  able  to  cut 
down  the  running  expenses  by  $45,000  within  the  first 
year  of  his  service. 

This  new  officer  should  have  authority  to  assign  office 
space  within  the  building  in  an  efficient  manner.  He 
should  be  responsible  for  keeping  the  costs  of  power  and 
janitor  service  down  where  they  belong.  He  should  report 
to  the  governor  and  council  and  they  should  pass  upon 
his  decisions  whenever  necessary.  It  rests  with  the  legis- 
lature (and  back  of  that  with  the  tax-payers  of  the  state) 
to  determine  whether  the  present  system,  with  its  waste- 
fulness and  extravagance  shall  continue,  —  or  whether  a 
business-like  management  of  the  state  house  shall  be  in- 
stituted. 

[To  the  honorable  senate  and  house  of  representatives,  April  28,  1911.] 

I  transmit  herewith  a  report  by  Mr.  Clinton  H.  Scovell, 
on  the  board  of  railroad  commissioners,  with  particular 
reference  to  the  work  of  that  board  in  controlling  the  cap- 
italization of  railroads  within  the  commonwealth,  and  in 
parallel  reference  to  the  gas  and  electric  light  commission. 

Mr.  Scovell  finds  that  when  a  railroad  petitions  for  the 
right  to  increase  its  capital,  the  investigation  which  the 
commissioners  conduct  into  the  merits  of  such  petition  is 
inadequate ;  that  they  do  not  require  sufficient  details  of 
accounts  from  the  railroad  corporation  in  regard  to  such 
capitalization,  and  that  they  do  not  effectively  supervise 
and  control  the  annual  returns  of  such  corporation. 

Mr.  Scovell  finds  that :  —  whenever  a  railroad  petitions 
for  new^  capital  on  account  of  new  equipment,  the  commis- 
sion should  determine  whether  that  money  is  currently 
needed  for  such  new  equipment.  ISTevertheless,  the  data 
collected  by  the  commission  is  not  sufficient  to  safeguard 
the  public  from  improper  issuance  of  stock. 

For  example,  one  of  our  railroad  corporations  has  been 
permitted  to  issue  over  100,000  shares  of  stock,  at  a  price 


1190  Special  Messages. 

to  realize  over  $11,000,000,  mainly  for  new  equipment, 
without  a  proper  investigation  by  the  commission  to  de- 
termine the  conditions  under  which  this  new  capital  was 
to  be  used. 

Obviously  the  commission  should  compel  the  railroad 
companies  to  furnish  detailed  statements  of  all  additional 
equipment  as  added  to  the  capital  asset  account.  Formerly 
this  was  done,  and,  when  the  railroad  noted  above  ceased 
to  render  such  reports,  apparently  no  steps  were  taken  by 
the  commission  to  remedy  this  omission.  Hence,  when  a 
petition  for  increase  of  capitalization  comes  up  for  atten- 
tion, the  board  is  not  in  a  position  to  determine  the  merits 
of  the  case. 

Furthermore,  the  board  does  not  record  publicly  its 
conferences  in  connection  with  new  stock  issues,  or  the 
reasons  for  its  decisions.  It  does  not  give  out  the  reports 
of  experts  and  inspectors  in  its  employ  and  no  sufficient 
reason  is  given  for  witholding  these  reports. 

The  fact  that  the  railroads  in  Massachusetts  operate 
under  interstate  commerce  regulations  cannot  relieve  the 
Massachusetts  railroad  commissioners  from  the  full  dis- 
charge of  their  duty  to  the  state. 

State  aid  for  the  abolition  of  grade  crossings  is  usually 
determined  by  a  special  commission,  subject  to  the  ap- 
proval of  the  board  of  railroad  commissioners.  ]\[r.  Scovcll 
recommends  that  this  work  be  done  by  the  railroad  com- 
missioners themselves  without  extra  pay,  at  an  annual 
saving  to  the  state  of  $10,000.  The  present  law  provides 
that  the  railroad  commissioners  shall  act  as  such  special 
commission,  if  the  parties  to  the  case  agree  thereto,  but 
leaves  the  appointment  of  such  special  commission  to  the 
su])erior  court. 

There  appears  to  be  at  present  no  method  of  checking  up 
the  actual  costs  of  grade  crossing  work  against  the  original 
estimate.  The  special  commissioners  are  responsible  for 
the  estimates  but  do  not  provide  for  controlling  the  actual 
costs.  Hence,  there  will  be  a  further  gain  by  placing  this 
work  upon  the  conunissloners  themsclvos,  with  full  re- 
sponsibility for  efficient  workmanship. 

In  contrast  to  the  work  of  the  gas  and  electric  light 
commissioners,  with  which  Mr.  Scovcll  compares  the  work 
of  the  railroad  board,  \ho  latter  ajipeai's  wholly  iiiade- 
quat(\     In  my  judgment  the  only  remedy  is  to  centralize 


Special  Messages.  1191 

the  work  of  supervising  public  service  commissions  in  the 
hands  of  a  competent  board  of  managers,  with  broader 
powers,  constituting  a  public  utilities  board,  who  shall  be 
required  to  devote  their  entire  time  to  the  service  of  the 
state  and  be  held  rigidly  to  account  for  the  full  discharge 
of  their  duty. 

Moreover,  I  regard  the  present  method  of  charging  the 
costs  of  a  commission  against  the  corporations  whom  they 
are  expected  to  control  as  a  vicious  method  which  should 
be  done  away  with.  In  any  event  these  costs  have  to  be 
met  ultimately  by  the  public,  and  I  think  they  should  be  so 
charged  directly  and  not  indirectly. 

The  present  commission  is  now  requesting  an  increase 
in  its  appropriation  from  $71,900  to  $74,400.  Of  the 
present  sum  $10,000  is  spent  in  the  commissioners'  sal- 
aries; $11,100  for  clerks,  stenographers,  assistants,  and 
accounting;  and  $21,726  for  inspectors,  agents,  and  ex- 
perts. The  balance  is  spent  for  rent,  printing  reports  and 
miscellaneous  expenses. 

I  have  already  urged  the  abolition  of  the  railroad  com- 
mission and  the  transfer  of  its  functions  to  a  utilities 
board,  and  I  think  before  the  costs  of  this  commission 
are  allowed  to  increase,  careful  consideration  should  be 
given  to  the  question  of  discontinuing  the  commission. 
For  the  current  year  I  can  sanction  only  the  amount  of 
last  year's  appropriation,  namely  $71,900. 

I  defer  comment  upon  Mr.  Scovell's  notes  with  respect 
to  the  gas  and  electric  light  commission,  pending  further 
study  of  that  commission. 

[To  the  honorable  senate  and  house  of  representatives,  May  1,  1911.] 

I  note  that  the  popular  branch  of  the  legislature  has 
advanced,  by  a  large  majority,  a  bill  to  establish  biennial 
elections  in  this  state. 

As  it  stands  I  believe  this  bill  cannot  satisfy  the  require- 
ments of  the  people.  It  is  not  desirable  to  elect  any  public 
servant  to  a  two-year  term  of  office  unless  some  provision  is 
also  established  whereby  he  can  be  recalled  if  he  fails  to  do 
his  duty. 

In  my  inaugural  message,  I  urged  that  the  state  con- 
stitution be  amended  to  provide  for  the  initiative,  the  ref- 
erendum   and   the  recall.      Throughout  the   country,   the 


1192  Special  Messages. 

movement  for  these  constitutional  changes  is  widespread 
and  powerful. 

Eight  states  have  already  adopted  this  system  —  two 
have  already  provided  to  vote  upon  it  at  the  next  election, 
and  there  is  promise  that  several  other  states  will  adopt 
like  measures. 

The  great  sweep  of  public  opinion  is  now  toward  giving 
the  people  the  power  to  approve  or  disapprove  legislative 
measures,  to  propose  and  enact  laws  which  the  legislature 
refuses,  and  to  retire  to  private  life  public  servants  who 
are  recreant  to  their  trust. 

The  general  movement  for  direct  primaries  arises  from 
the  demand  that  no  obstacles  of  party  manipulation  be  pre- 
sented to  the  full  and  free  expression  of  the  popular  will. 
The  issue  of  direct  election  of  United  States  senators  re- 
flects also  the  wish  to  abolish  the  delegate  svstem  and  make 
our  senators  responsive  to  the  direct  control  of  the  people. 

In  giving  the  voters  the  right  to  initiate  legislation,  the 
principle  of  popular  government  arrives  at  its  perfection, 
and  legislatures,  which  through  misunderstanding  or  de- 
sign, fail  to  satisfy  the  demands  of  the  electorate  are  made 
subject  to  the  sovereign  will.  The  recall  of  officials  com- 
pletes the  system  by  which  at  last  popular  government  is 
to  be  realized. 

As  governor  of  the  state,  I  have  the  constitutional 
power  of  vetoing  legislation,  but  it  seems  more  in  accord- 
ance with  the  principles  of  a  democracy  that  the  people 
who  elect  the  governor  should  possess  this  power  of  vetoing. 

Our  constitution  declares  that  all  power  is  derived  from 
the  people  and  that  "  those  vested  with  authority,  whether 
legislative,  executive  or  judicial,  are  their  substitutes  and 
agents  and  are  at  all  times  acccniutable  to  them."  Under 
such  a  constitution,  it  is  not  fitting  that  legislators  or 
governors  should  be  the  final  arbiters  of  the  laws  which 
the  people  must  obey ;  the  people  themselves  should  be  the 
conrt  of  final  resort.  The  initiative,  referendum  and  re- 
call will  make  legislators  and  executives  truly  "  accdunt- 
able  to  them." 

I  have  not  the  remotest  doubt  that  if  the  proposition 
for  biennial  elections  is  coupled  Avith  measures  to  secure 
this  aecmintability  to  the  electorate,  the  people  will  wel- 
come it. 


Special  Messages.  1193 

I  urge  upon  you  to  join  the  recall,  the  initiative  and 
the  referendum  together  with  the  plan  for  biennial  elec- 
tions, for  submission  to  the  people. 

[To  the  honorable  senate  and  house  of  representatives,  May  8,  1911.] 

I  transmit  herewith  the  preliminary  report  of  Mr.  C. 
L.  Harpham,  on  the  Lyman  school  for  boys  at  West- 
borough,  the  state  industrial  school  for  girls  at  Lancas- 
ter, and  the  industrial  school  for  boys  at  Shirley.  These 
schools  afford  correctional  and  industrial  training  for  chil- 
dren who  are  committed  to  them  by  the  courts. 

The  average  total  number  of  children  in  these  schools 
during  the  last  year  was  717,  a  slight  decrease  from  the 
attendance  of  the  year  before. 

INDUSTRIAL  SCHOOL  FOE  BOYS. 

Taking  up  first  the  request  for  special  appropriations 
for  the  industrial  school  for  boys,  amounting  to  $124,285, 
I  find  that  $87,000  of  this  is  for  a  central  power,  light 
and  heating  plant  and  it  appears  that  this  is  only  a  part 
of  a  projected  scheme  of  development,  which,  according  to 
plan,  would  exceed  a  quarter  of  a  million  dollars. 

A  central  plant  would  require  skilled  engineers  and 
necessitate  considerable  loss  in  transmitting  heat  to  the  in- 
dividual cottages. 

At  present  these  cottages  are  heated  by  furnaces  which 
are  taken  care  of  by  the  masters  of  the  cottages  themselves 
and  by  the  boys.  There  is  therefore  no  excessive  cost  of 
attendance  in  the  present  plan,  and  the  running  of  the  fur- 
naces is  a  useful  part  of  the  boys'  industrial  education. 

Moreover,  this'  question  of  a  central  heating  plant  was 
most  carefully  considered  in  ISTew  York  state  in  1909, 
in  regard  to  the  ISTew  York  state  training  school  for  boys, 
by  a  commission,  which  reported  in  favor  of  heating  the 
separate  buildings  individually.  Mr.  Harpham's  report 
concurs  with  that  of  the  New  York  investigators. 

As  to  the  present  power  and  lighting  plant,  this  is  op- 
erated by  one  man  with  the  help  of  the  boys.  I  cannot 
approve  of  building  a  new  central  plant  until  it  can  be 
proved  that  it  would  be  justified.  This  whole  proposition 
appears  to  me  to  lack  good  business  judgment. 


1194  Special  Messages. 

Furthermore,  this  school  requests  $22,000  for  a  new 
cottage  to  accommodate  thirty  boys,  and  I  consider  the 
price  extravagant  for  the  purpose.  It  amounts  to  over 
$730  per  inmate. 

The  balance  of  this  special  appropriation  for  the  in- 
dustrial school  for  boys  is  mainly  on  behalf  of  shop  ma- 
chinery and  shop  equipment  and  I  approve  this  to  the 
extent  of  $10,000,  with  the  understanding  that  the  trustees 
must  be  held  to  a  rigid  accounting  for  the  efficient  use 
of  this  money  in  purchasing  machinery  and  equipment 
that  is  positively  needed. 

I  approve  the  regular  maintenance  appropriation  of 
$48,150. 

LYMAN  SCHOOL  FOE  BOYS. 

The  special  appropriations  of  $23,500  for  the  Lyman 
school  comprise  $10,000  for  the  purchase  of  a  farm  with 
the  buildings  on  it.  The  school  has  at  present  IGO  acres 
of  land  and  I  am  informed  that  120  acres  additional  land, 
without  buildings,  can  be  purchased  at  approximately 
$2,500.  I  approve  of  only  $2,500  out  of  the  requested 
$10,000.  The  average  attendance  last  year  was  only  358 
boys,  aud  I  believe  the  land  thus  provided  will  be  ample 
for  their  use  at  present. 

This  same  school  requests  $12,000  for  enlarging  the 
hospital.  Nevertheless,  the  attendance  at  this  school  is 
decreasing  and,  moreover,  there  were  onlv  two  cases  of 
contagious  disease  recorded  last  year,  for  which  the  ex- 
isting hospital,  which  is  inventoried  at  $12,000,  would 
appear  to  be  sufficient.  I  cannot  pass  this  item,  but  urge 
that  the  existing  hospital  be  adapted  to  isolate  cases  of 
different  contagious  disease  occurring  simultaneously. 

Coal  bunkers,  to  cost  $1,500,  are  approved  as  they  ap- 
pear to  be  needed. 

I  furthermore  advise  that  a  suuill  ice  house  be  built  at 
the  layman  school,  to  cost  not  over  $500,  as  the  ice  bill 
is  large  and  there  is  a  lake  nearby  from  which  ice  could 
be  obtained  with  little  expense.  Nearly  all  <mr  institu- 
tions are  similarly  provided  and  at  this  school  the  ice  l)ills 
for  the  past  two  years  have  exceeded  $1,800. 

T  approve  the  regular  maiuteuauce  a]>]ir(^]u-inti(in  of 
$1()7,S00. 


Special  Messages.  1195 


STATE  INDUSTRIAL  SCHOOL  FOR  GIRLS. 

For  the  state  industrial  school  for  girls,  special  appro- 
priations, amounting  to  $24,000,  are  requested.  Out  of 
this  $12,000  is  wanted  to  establish  a  filter  bed  for  sewer- 
age. I  approve  this  work  as  a  safeguard  to  health,  al- 
though it  is  open  to  question  whether  so  large  a  bed  is  now 
needed. 

This  school  requests  $12,000  for  enlarging  the  hospital. 
Mr.  Harpham,  however,  reports  that  the  present  hospital, 
which  is  inventoried  at  $9,000,  is  used  to  only  40  per 
cent  of  its  capacity.  I  cannot  pass  this  item  but  advise 
that  plans  be  immediately  drawn  for  a  small  separate 
building  for  consumptives,  in  case  the  legislature  deems 
it  wise  to  permit  consumptives  to  remain  at  this  school. 

I  approve  the  regular  maintenance  appropriation  of 
$73,500.  I  also  approve  the  annual  appropriation  of 
$40,100  for  the  board  of  trustees  of  the  Lyman  and  in- 
dustrial schools. 

It  appears  evident  from  the  figures  given  in  Mr.  Harp- 
ham's  report,  that  the  management  of  the  institutions  is 
extravagant.  For  instance,  the  state  industrial  school  for 
girls  now  requests  $7,000  for  heat,  light  and  power.  Yet 
the  inventory  of  last  December  shows  $5,583  fuel  on  hand 
which,  with  the  amount  now  requested,  equals  two  years' 
supply. 

The  stock  of  clothing  on  hand  ($11,000)  at  the  Lyman 
school  is  more  than  a  year's  supply  and  $9,000  is  now 
asked  for  clothing  and  materials.  Moreover,  the  per  capita 
costs  of  maintenance  average  from  $4.G2  to  $8.37  per  week. 
Considering  the  extensive  farming  operations  carried  on, 
these  figures  appear  most  extravagant.  It  ought  not  to 
cost  such  sums  to  maintain  the  minor  wards  of  the  state. 

I  believe  that  a  central  purchasing  system,  covering  the 
fuel,  food  and  other  supplies,  would  result  in  marked  econ- 
omy and  that  the  entire  scale  of  expenditures  at  these  and 
other  institutions  should  receive  extended  study  with  a 
view  to  establishing  business-like  economies. 

[To  the  honorable  senate  and  house  of  representatives,  May  13,  1911.] 
Herewith  I  return,  without  my  approval,  "  An  Act  to 
provide  for  the  re-instatement  as  members  of  the  police 


1196  Special  Messages. 

department  of  the  city  of  Boston,  of  two  discharged 
officers." 

I  am  advised  that  these  men  were  discharged  from  the 
police  force  by  commissioner  O'Meara  for  deliberate  and 
repeated  desertion  of  their  posts  in  the  night  time. 

I  have  reviewed  the  findings  of  the  trial  board  and  be- 
lieve that  the  police  commissioner  unquestionably  acted  as 
he  deemed  necessary  for  the  discipline  of  the  force  and 
therefore  for  the  safety  of  the  public. 

Moreover,  I  cannot  lend  my  approval  to  any  legislative 
act  which  would  in  any  degree  break  down  the  discipline 
of  the  police  force,  for,  in  my  opinion,  it  is  the  function 
of  the  legislature  rather  to  build  up  the  efficiency  and  the 
discipline  of  such  bodies. 

In  the  police  commissionership  we  have  constituted  au- 
thority for  the  direction  and  control  of  the  police  force  of 
the  city  of  Boston.  So  long  as  that  office  remains,  its  au- 
thority and  its  responsibility  for  the  discharge  of  its  duties 
should  be  acknowledged  and  respected. 

[To  the  honorable  senate  and  house  of  representatives,  May  13,  1911.] 

Herewith  I  return,  without  my  approval,  "  A  Besolve  to 
provide  for  printing  additional  copies  of  the  report  of  the 
Massachusetts  commission  on  the  cost  of  living." 

The  act  under  which  this  commission  was  created  did  not 
contemplate  the  creation  of  a  permanent  commission  with 
power  to  continue  its  investigations,  or  to  revise  its  findings. 

It  was  created  for  a  specific  purpose  and  the  sum  of 
$15,000  was  ap])ropriated  for  the  commissiim  to  use  in  its 
investigations.  The  facts  were  presumably  full  and  com- 
plete, and  no  material  change  in  conditions  has  taken  place 
to  warrant  such  revision. 

The  resolve  which  I  return  without  my  approval  places 
the  revision  of  the  work  of  the  former  commission  in  the 
hands  of  the  chairman  and  secretary  of  the  commission, 
and  leaves  to  them  and  not  to  the  commission  which  origi- 
nally made  the  investigation  and  report,  to  determine  what 
of  tile  findings  should  be  revised,  and  gives  them  the  junver 
"  to  revise  the  report  on  matters  of  fact  as  they  may  deem 
desirable." 

Such  a  revision  would  manifestly  not  be  the  work  of  the 
commission  but  would  ])ra('tieally  constitute  a  new  re]virt 
by  a  minoi-itv  of  the  coiiimission  and   as  such  could   not 


Special  Messages.  1197 

properly  be  n^garded  as  a  report  of  the  Massachusetts  com- 
mission on  the  cost  of  living. 

Chapter  134,  acts  of  1910,  in  section  four,  provides  that 
"  the  members  of  the  said  commission  shall  be  chosen  with 
a  view  of  their  special  knowledge  of  law,  trade,  labor  and 
political  economy  and  shall  consist  of  five  persons  to  be 
appointed  by  the  governor  with  the  consent  of  the  council." 

It  is  manifest  that  the  proposed  legislation  would  in  no 
sense  carry  out  the  intention  of  the  original  act. 

(To  the  honorable  senate  and  house  of  representatives,  May  13,  1911.] 

Herewith  I  return,  without  my  approval,  "  An  Act  rela- 
tive to  the  distribution  and  sale  of  milk." 

This  act  empowers  the  board  of  health  of  any  town  or 
city  to  control  the  local  distribution  and  sale  of  milk.  To  • 
that  extent  I  believe  the  act  is  just.  But,  in  addition  to 
this,  the  act  provides  that  snch  board  of  health  may  "  for- 
bid the  sale  of  any  milk  or  cream  produced,  transported  or 
kept  under  conditions  not  approved  by  the  said  board  of 
health." 

I  believe  that  this  act,  as  it  stands,  will  occasion  a  gross 
injustice  to  the  farming  communities,  for  the  reason  that, 
in  effect,  it  gives  to  any  town  or  city  not  only  the  local  right 
to  control  the  distribution  and  sale  of  milk,  but  a  further 
right  covering  the  entire  state,  to  fix  the  conditions  under 
which  milk  may  be  produced  for  shipment  to  such  town  or 
city. 

I  cannot  approve  of  giving  to  towns  and  cities  the  right 
to  impose  regulations  upon  the  farmers  of  the  state.  At 
present  such  regulation  is  given  by  the  state  board  of  health 
and,  in  my  opinion,  it  would  be  unjust  to  subject  the  farmer 
to  additional  and  conflicting  regulations  fixed  by  the  several 
towns  and  cities  to  which  he  may  ship  milk. 

[To  the  honorable  senate  and  house  of  representatives.  May  13,  1911.] 

Herewith  I  return,  without  my  approval,  "  An  Act  rela- 
tive to  the  incorporation  of  medical  milk  commissions." 

This  act  gives  to  any  five  or  more  duly  authorized  physi- 
cians, together  with  the  members  of  any  local  board  of 
health  (acting  ex  officio)  the  right  to  form  a  corporation  to 
be  known  as  a  "  Medical  Milk  Commission."  Such  com- 
mission is  empowered  to  enter  into  agreements  with  dairy- 
men for  the  production  of  milk. 


1198  Special  Messages. 

It  is  a  well  known  fact  that  certified  milk  is  commonly 
sold  as  a  superior  article  and  at  a  price  greatly  in  excess  of 
common  milk.  The  natural  inference  from  such  practice  is 
that  uncertified  milk  is  inferior. 

In  my  judgment  the  legislature  should  co-operate  with 
the  Massachusetts  farming  interests  to  build  up  the  milk 
business  as  a  whole,  to  a  point  where  all  milk  which  is  per- 
mitted to  be  sold  within  the  commonwealth  can  be  recog- 
nized as  "  certified  "  so  that  rich  and  poor  alike  shall  have 
the  first  quality. 

Pure  milk  in  am]de  quantities,  at  a  price  equally  fair  to 
the  producer  and  the  consumer,  and  permitting  only  the 
lowest  practicable  profit  in  transportation  and  distribution, 
is  a  public  necessity,  and  legislation  must  be  provided  to 
that  end. 

But  to  enact  a  law  under  which  private  schemes  of  certi- 
fication and  fancy  prices  will  carry  the  sanction  of  the 
state  will  benefit  neither  the  farmer  nor  the  community. 

[To  the  honorable  senate  and  house  of  representatives,  May  17,  1911.] 

The  opinion  of  the  justices  of  the  supreme  judicial  court 
on  the  constitutionality  of  proposed  plans  for  the  uniform 
taxation  of  personal  property,  makes  it  clear  that  under 
the  constitution  of  the  commonwealth  the  general  court 
has  no  power  to  change  in  any  of  its  important  features 
the  existing  system  of  taxation.  We  must  henceforth  re- 
gard it  as  settled  that  the  constitution  requires  the  taxa- 
tion of  all  property  at  varying  local  rates  of  taxation, 
subject  only  to  the  narrowly  limited  power  of  the  general 
court  to  grant  exemptions  that  do  not  interfere  materially 
with  the  proportionality  of  taxation.  This  opiniou,  in  my 
judgment,  makes  it  the  duty  of  the  present  legislature  to 
consider  an  amendment  to  the  constitution  of  the  common- 
wealth, under  which  it  will  be  possible  hereafter  to  enact  a 
system  of  reasonable  and  cuforeiblc  tax  laws. 

Under  the  system  of  taxation  now  proscribed  by  the 
constitution  there  has  been  constant  dissatisfaction  for  the 
last  forty  years.  Various  commissions  appointed  to  inves- 
tigate the  subject  have  reported  that  existing  laws  tend 
to  concentrate  personal  property  in  a  small  nundier  of 
wealthy  towns,  produce  great  inequality  and  injustice  in 
the  distribution  of  taxation,  :ind  promote  wholesale  eva- 
sion and  disrespect  for  law.     Dnriug  the  last  three  years 


SrEciAL  Messages.  1199 

the  attempt  has  been  made  by  state  snpei'vision  to  enforce 
the  full  taxation  of  personal  estates  disclosed  in  the  pro- 
bate conrts,  with  the  resnlt  that  the  concentration  of  per- 
sonal property  in  favored  towns  has  been  greatly  increased, 
while  large  estates  have  been  removed  from  the  common- 
wealth and  the  removal  of  others  is  now  impending.  With- 
out a  radical  change  in  the  system  of  taxation  it  is  certain 
that  within  a  few  years  we  shall  drive  all  intangible  prop- 
erty ont  of  towns  and  cities  where  tax  rates  are  high,  with 
the  result  that  it  will  either  be  removed  from  the  state  or 
taken  to  a  few  towns  where  the  tax  rates  are  low, 

I  have  recently  received  a  special  report  from  the  tax 
commissioner  which  shows  that  in  almost  every  city  and 
town  and  in  respect  of  almost  every  class  of  property,  our 
existing  laws  fail  of  enforcement.  The  commissioner  esti- 
mates that  90  per  cent  of  the  taxable  intangible  property 
escapes  taxation.  He  shows  that  tangible  personal  property 
is  commonly  undervalued,  and  is  most  unequally  assessed ; 
and  reports  that  even  real  estate  is  not  assessed  equally  and 
uniformly^  and  that  numerous  towns  and  cities  systemati- 
cally undervalue  property  in  order  to  reduce  their  shares 
of  the  state  and  county  taxes.  Through  no  fault  of  the 
tax  commissioner,  who  has  only  supervisory  powers,  our 
system  of  taxation  appears  to  have  broken  down ;  and  we 
are  now  imposing  the  heaviest  burdens  upon  the  poor,  the 
helpless,  or  the  ignorant,  while  those  best  able  to  contribute 
are  allowed  to  evade  taxation  in  whole  or  in  part.  We  are 
confronted,  therefore,  with  the  unpleasant  fact  that  our  ex- 
isting laws  have  practically  broken  down ;  and  that,  under 
our  present  constitution,  the  general  court  has  no  power 
to  change  materially  our  present  system  of  taxation. 

Concerning  the  reasons  for  the  failure  of  our  present 
laws  there  can  hardly  be  difference  of  opinion.  When  our 
present  system  of  taxation  was  established,  in  the  seven- 
teenth century,  public  expenditures  were  far  smaller  than 
they  are  to-day,  most  property  was  tangible  and  visible, 
and  most  business  was  carried  on  in  the  locality  where  the 
proprietors  lived,  so  that  the  taxation  of  all  property  at 
varying  local  rates  did  not  produce  the  evils  that  attend 
such  a  sj^stcm  to-day.  During  the  nineteenth  century  the 
great  increase  of  public  expenditures,  which  tended  to  in- 
crease the  pressure  of  taxation,  the  growth  of  new  kinds  of 
property  which  are  neither  visible  nor  tangible,  and  there- 


1200  Special  Messages. 

fore  easily  evade  assessment,  and  the  changes  in  business 
methods  which  bring  it  about  that  our  industries  are  no 
k)uger  localized,  created  conditions  under  which  a  system 
of  taxation  suitable  to  seventeenth  century  life  was  certain 
to  break  down.    We  shall  fail,  I  believe,  to  deal  adequately 
with  the  conditions  that  now  confront  us  unless  we  realize 
that  it  is  necessary  to  do  what  most  other  countries  have 
long  since  done,  namely,  diversify  our  methods  of  taxation 
so  that  we  can  adjust  them  to  the  conditions  of  modern  life. 
When  we  turn  to  possible  remedies  we  find  that  three 
classes  of  proposals  have  been  made.     In  the  first  class  are 
various  projects  for  the  exemption  of  intangible  property 
from  taxation,  the  exemption  of  all  personal  property,  or 
the  exemption  of  all  personal  property  and  also  of  im- 
provements upon  land.     This  class  of  proposals  I  am  com- 
pelled to  reject  because  I  do  not  believe  that  the  remedy 
for  bad  methods  of  taxation  is  exemption  from  taxation, 
but  rather  the  adoption  of  proper  methods  suited  to  the 
conditions  of  the  case.     Even  if  I  thought  otherwise,  I 
should  not  recommend  such  measures  for  your  considera- 
tion because  I  do  not  believe  that  the  people  of  the  com- 
monwealth are  ready  to  sanction  such  remedies.    The  prob- 
lem before  us  is  not  how  to  exempt  some  kinds  of  wealth 
from  contributing  to  public  charges,  but  rather  how  we 
may  readjust  our  tax  laws  so  as  to  make  the  wealth  of  the 
state  contribute  justly  and  without  evasion  to  the  support 
of  government.    I  believe,  too,  that  a  decent  and  enforcible 
system  of  direct  taxation  has  the  further  advantage  of  mak- 
ing the  citizen  take  a  greater  interest  in  the  aifairs  of  the 
•  government  to  the  support  of  which  he  contributes,  while 
exemption  from  taxation  leads  him  to  view  wath  compla- 
cence the  growth  of  expenditures  for  which  he  does  not 
have  to  contribute. 

The  second  class  of  plans  includes  various  proposals  to 
classify  property  for  taxation  under  the  property  tax.  The 
tiixntion  of  intangible  property  at  a  uuitorm  rate  of  three 
mills  on  the  dollar  was  proposed  by  the  taxation  commis- 
sion of  1908,  and  this  plan  has  been  adopted  this  year  by 
two  other  states.  Another  measure  is  that  which  was  re- 
cently referred  to  the  supreme  judicial  court  ft>r  an  opiui(>n 
concerning  its  constitutionality.  This  provides  for  a  uni- 
form tax  upon  personal  ]u-(>perty  at  the  average  rate  of 
taxation  in  the  commonwealth,  a  rate  which,  in  the  first 


Special  Messages.  1201 

year  at  least,  would  be  approximately  $17  per  $1,000. 
Neither  of  these  plans  seems  to  me  to  meet  the  needs  of 
the  situation,  even  though  both  of  them  have  the  merit  of 
providing  a  uniform  rate  of  taxation  upon  the  classes  of 
property  with  which  they  deal.  The  plan  for  a  uniform 
tax  at  a  rate  of  $17  per  $1,000  seems  to  me  impracticable 
because  I  believe  that  its  strict  enforcement  would  bring 
disaster  to  the  commonwealth  as  well  as  disappointment 
to  its  advocates.  Such  a  high  tax  upon  personal  property 
never  has  been,  and  in  my  opinion  never  can  be,  collected 
with  even  tolerable  certainty  and  equality.  Upon  persons 
unable  to  change  their  domiciles  the  provisions  of  the  law 
might  be  strictly  enforced,  but  upon  others,  including  the 
owners  of  the  largest  estates,  enforcement  would  be  imprac- 
ticable on  account  of  the  removal  of  domicile  to  other  states. 
This  is  a  matter  in  which  we  need  not  depend  upon  con- 
jecture but  need  only  refer  to  the  experience  of  the  state  of 
Ohio  under  the  attempt  to  enforce  the  taxation  of  personal 
property  by  the  tax-inquisitor  sj^stem  in  every  county  of 
this  state.  My  opinion  is  supported  by  the  commission 
appointed  in  1909  to  investigate  the  laws  relating  to  taxa- 
tion, which  reported  that  such  a  high  uniform  rate  would 
not  "  aid  in  the  least  to  keep  capital  from  emigrating  from 
the  state  or  to  induce  capital  to  immigrate  into  the  state.  It 
would  tend,  rather,  to  exert  an  opposite  effect,  and  to  drive 
out,  and  keep  out,  capital.  Finally,  it  would  offer  no  en- 
couragement to  security  holders  to  declare  their  property. 
For  these  reasons,  any  plan  for  the  uniform  taxation  of 
intangible  personalty  at  a  high  rate  must  be  dismissed  as 
inexpedient."  Our  present  laws  offer  little  enough  encour- 
agement for  capital  to  come  to  Massachusetts,  and  I  believe 
that  such  a  law  as  has  been  described  would  drive  so  much 
capital  from  Massachusetts  as  actually  to  raise  the  rates  of 
taxation  and  injure  greatly  the  industries  of  the  common- 
wealth. It  would  also  create  a  strong  demand  for  certain 
classes  of  non-taxable  investments,  and  produce  a  situation 
which  might  raise  unpleasant  suspicions  concerning  the 
purpose  of  the  law.  The  recent  opinion  of  the  justices  of 
the  supreme  judicial  court  makes  it  evident  that,  in  any 
case,  the  adoption  of  this  plan  would  be  impossible  without 
an  amendment  to  the  constitution. 

The  third  class  of  plans  includes  various  proposals  for 
the  introduction  of  an  income  tax  as  a  part  of  the  taxation 


1202  Special  Messages. 

system  of  the  commonwealth.  No  one,  so  far  as  I  know, 
desires  to  abandon  altogether  the  taxation  of  property,  and 
adopt  a  pure  system  of  income  taxation ;  and  I  believe  that 
such  a  })lan,  even  if  it  found  advocacy,  would  be  utterly 
impracticable.  In  considering  proposals  for  an  income  tax 
it  is  necessary  to  consider  carefully  impending  changes  in 
federal  taxation.  Before  long  the  federal  government,  with 
or  without  the  assent  of  Massachusetts,  will  receive  the 
j30wer  to  levy  an  effective  tax  upon  incomes  and  will  pro- 
ceed to  impose  such  a  tax.  We  shall  then  have  two  direct 
taxes  in  operation  in  the  commonwealth,  one  levied  for 
federal  purposes  and  the  other  for  state  or  local.  This  will 
not  lead  to  double  taxation  in  the  true  sense  of  the  word 
since  the  two  taxes  will  be  collected  for  the  support  of  dif- 
ferent governments  each  of  which  has  the  right  to  levy  taxes 
for  its  own  support ;  but  it  will  make  it  highly  desirable  to 
adjust  our  system  of  taxation  within  the  commonwealth 
to  the  conditions  created  by  the  imposition  of  a  federal  tax 
on  incomes. 

The  proposal  to  add  to  our  present  system  of  taxes  upon 
property  a  state  income  tax  upon  all  incomes  whatsoever, 
would  have  the  effect  of  introducing  a  third  direct  tax  and 
would  impose  double  taxation,  for  state  and  local  purposes, 
U])on  property  and  upon  income  derived  therefrom.  It 
might  also  be  considered  a  reason  why  this  state  should  not 
ratify  the  proposed  federal  income  tax  amendment 

No  such  objection,  however,  applies  to  a  state  income  tax 
introduced  as  a  substitute  for  a  part  or  the  whole  of  the 
present  tax  upon  personal  property.  Such  a  tax  would  im- 
pose no  additional  burden  upon  the  taxpayer,  it  would  not 
be  open  to  the  objection  that  the  state  imposes  double 
taxation  upon  property  and  the  income  derived  therefrom, 
nor  could  it  be  considered  an  obstacle  to  the  introduction 
of  a  federal  tax  upon  incomes.  Indeed,  if  the  national 
government  is  to  levy  a  direct  tax  upon  incomes,  there  are 
obvious  advantages,  both  to  the  government  and  to  the 
taxpayers,  in  having  direct  state  taxation  imposed  upon  in- 
come, rather  than  property ;  and  I  find  that  this  view  of  the 
matter  is  held  in  other  states  that  have  preceded  our  own 
in  ratifying  the  federal  income  tax  amendment. 

If  we  are  to  revise  our  system  of  taxation  we  must  start 
with  full  recogiiition  of  the  fact  that  the  mctliods  best 
adapted  for  taxing  real  estate  are  unsuitable  for  things  so 


Special  Messages.  1203 

easily  concealed  or  moved  as  most  forms  of  personal  prop- 
erty. Our  experience  for  more  than  two  hundred  years 
demonstrates  conclusively  that  it  is  impossible  to  tax  per- 
sonal property  effectively  at  varying  local  rates;  and  that 
in  the  future,  whether  we  tax  the  property  itself  or  tax  the 
income  therefrom,  we  should  tax  it  at  a  uniform  rate 
throughout  the  commonwealth.  So  far  as  intangible  prop- 
erty is  concerned,  uniformity  in  rates  and  methods  of  taxa- 
tion will  probably  be  recognized  by  all  as  indispensable; 
but,  in  my  opinion,  it  is  hardly  less  necessary  in  the  taxa- 
tion of  merchandise  and  machinery.  Towns  and  cities 
with  tax  rates  higher  than  the  average  of  the  commonwealth 
necessarily  suffer  in  comj^etition  for  new  industries  with 
towns  and  cities  that  enjoy  lower  rates  of  taxation.  Vary- 
ing local  tax  rates  place  our  assessors  in  a  position  where 
it  is  impossible  strictly  to  enforce  the  law  without  injuring 
the  towns  or  cities  they  serve,  and  I  believe  that  until  the 
rate  of  taxation  on  merchandise  and  machinery  is  made 
uniform  there  can  be  no  such  thing  as  a  strict  enforcement 
of  our  laws  relating  to  taxation. 

It  is  clear  also  that  if  the  tax  on  personal  property  must 
hereafter  be  uniform,  the  tax  on  real  estate  cannot  be  uni- 
form, but  must  be  levied  at  varying  local  rates  to  meet  the 
varying  needs  of  the  cities  and  towns.  I  propose,  therefore, 
that  we  make  constitutional  provision  for  a  system  of  taxa- 
tion under  which  personal  property  shall  be  taxed  by  a 
uniform  method  throughout  the  commonwealth,  and  real 
estate  shall  remain  subject  to  local  taxation  at  varying 
local  rates. 

Investigation  of  the  taxation  systems  of  other  states  and 
countries  convinces  me  that,  for  the  taxation  of  real  estate, 
no  method  is  better  than  our  present  plan  of  taxation  ac- 
cording to  the  capital  value.  To  tax  real  estate  upon  its 
income,  even  in  part,  tends  to  reduce  the  taxes  levied  upon 
land  withheld  from  productive  use,  to  place  a  premium 
upon  speculation,  and  to  cause  popular  discontent.  While 
it  appears  that  real  estate  is  not  now  equally  and  uniformly 
assessed  in  accordance  with  the  law,  there  appears  to  be,  in 
the  nature  of  the  case,  no  reason  why  such  an  assessment 
cannot  be  secured  if  in  other  respects  our  laws  relating  to 
taxation  are  made  reasonable,  practicable,  and  capable  of 
strict  enforcement.  It  will  be  advantageous,  therefore,  to 
make  no  change  in  the  present  law  of  the  constitutional 


1204  Speciai.  Messages. 

provision  relating  to  the  taxation  of  real  estate  and  to  allow 
it  to  remain  subject  to  taxation  by  the  various  cities  and 
towns. 

For  personal  property,  on  the  other  hand,  our  experi- 
ence shows  that  taxation  according  to  the  capital  values  is 
unjust  and  impracticable,  while  the  experience  of  other 
countries  demonstrates  that  taxation  of  the  income  is  both 
just  and  practicable.  Such  things  indeed  as  household 
goods,  personal  effects,  and  articles  of  luxury,  the  taxation 
of  which  is  of  the  nature  of  a  tax  on  consumption  rather 
than  a  tax  on  investments,  may  well  enough  be  left  subject 
to  local  taxation  with  real  estate;  but  income-yielding  per- 
sonal property  should  hereafter  be  taxed  upon  its  income 
rather  than  its  capital  value.  With  such  a  tax  also  should 
go  a  uniform  tax  upon  personal  incomes  derived  from  occu- 
pations, professions,  and  trades  in  excess  of  a  certain 
reasonable  exemption. 

Such  a  method  of  taxing  personal  property  according  to 
its  income,  I  believe  would  be  better  than  any  plan  of  class- 
ifying property  for  taxation  under  a  property  tax.  In  prin- 
ciple the  income  tax  finds  universal,  or  almost  universal, 
suj)port,  as  the  fairest  of  all  forms  of  taxation.  This  tax 
adjusts  its  burden  equally  according  to  the  income  of  the 
taxpayer,  and  automatically  classifies  property  for  taxa- 
tion according  to  the  income  it  yields.  It  does  not  impose 
upon  unproductive  funds  the  same  tax  that  it  levies  on  a 
6  per  cent  investment,  or  upon  bonds  yielding  4  per  cent 
the  same  tax  as  upon  stocks  yielding  5  per  cent  or  G  per 
cent.  It  can  readilv  be  levied  at  a  uniform  rate  throuc,h- 
out  the  state,  and  thus  avoid  the  evils  of  migration  and 
colonization.  If  so  levied  uniformly,  at  a  reasonable  rate, 
such  a  tax  would  collect  from  personal  property  and  from 
trades,  occupations  and  professions,  more  revenue  than  a 
property  tax  levied  at  such  an  impracticable  rate  as  $17 
per  $1,000.  It  would  solve  also  the  difficult  problem  of 
taxing  merchandise  and  machinery,  since  the  income  from 
such  property  would  be  fully  taxed,'  and  the  property 
itself  would  then  be  exempted  from  further  taxation. 

I  am  aware  that  a  few  of  the  American  states  have  in 
the  past  attempted  to  levy  taxes  upon  incomes,  and  that 
such  attempts  have  been  unsuccessful;  but  the  slightest 
investigati(m  shows  that  the  failure  was  due  not  to  difficul- 
ties inherent  in  an  income  tax,  but  to  the  fact  that  the  tax 


Special  Messages.  1205 

was  part  of  an  impracticable  system  of  taxation  which 
was  incapable  of  enforcement,  and  that  the  assessment  of 
incomes  was  left  wholly  to  local  boards  of  assessors  acting 
without  state  supervision  and  control.  The  experience  of 
other  countries  in  which  income  taxes  are  in  successful 
operation  shows  that  it  is  necessary  to  bring  the  assess- 
ment of  incomes  under  the  state  supervision  and  control, 
and  that  with  such  supervision  and  control  the  income  tax 
is  conspicuously  successful.  I  therefore  believe  that  the 
tax  upon  the  income  from  personal  property  and  from 
trades,  occupations,  and  professions  should  not  only  be 
levied  at  a  uniform  rate  throughout  the  state,  but  that  its 
administration  should  be  strictly  controlled  by  the  tax 
commissioner's  office.  Other  countries  find  it  possible  to 
combine  administration  by  local  boards  of  assessors  with 
strict  supervision  by  the  central  government,  in  such  a 
manner  as  to  utilize  fully  the  knowledge  of  local  affairs 
possessed  by  local  boards,  and,  at  the  same  time,  insure 
full  compliance  with  the  law ;  and  I  believe  that  there  will 
be  no  difficulty  in  devising  such  methods  in  this  state. 

The  rate  at  which  this  tax  shall  be  levied  is  properly  a 
subject  for  determination  by  the  general  court,  and  should 
not  be  prescribed  by  the  constitution.  I  believe  that  if  an 
appropriate  constitutional  amendment  is  adopted,  the  gen- 
eral court  will  have  no  difficulty  in  determining  a  fair 
and  reasonable  rate  which  will  make  possible  the  strict 
enforcement  of  the  law,  and  yet  have  no  tendency  to 
drive  capital  from  the  state,  or  prevent  it  from  coming 
here. 

We  should  seek  to  make  our  tax  laws  so  reasonable  that 
their  justice  will  be  apparent  to  every  citizen,  and  that  the 
officers  who  enforce  them  shall  have  the  hearty  support 
and  assistance  of  every  right-minded  man  in  the  common- 
wealth. Such  a  system  will  put  an  end  to  evasion  and  vio- 
lation of  law,  will  retain  in  the  state  the  capital  necessary 
for  the  progress  and  prosperity  of  our  industries,  and  will 
even  invite  capital  from  other  states  that  persist  in  at- 
tempting to  enforce  taxation  under  the  general  property 
tax.  It  should  within  a  few  years  greatly  increase  the 
revenue  derived  from  personal  property  and  personal  in- 
comes, while  opening  the  way  for  the  extension  and  ex- 
pansion of  the  industries  upon  which  our  people  depend  for 
subsistence.     No  measure  more  important  for  the  welfare 


120G  Special  Messages. 

and  prosperity  of  Massachusetts  could  engage  the  attention 
of  the  general  court. 

In  cases  where  the  incomes  of  business  establishments 
are  derived  partly  from  personal  property,  and  partly  from 
real  estate  invested  in  the  business,  it  is  possible  to  sepa- 
rate the  real  estate  tax  from  the  tax  upon  the  income  by  a 
method  employed  in  other  countries.  Under  this  method 
it  is  required  that  the  entire  income  of  the  business  shall 
be  returned  for  taxation  under  the  income  tax,  and  that 
then  a  deduction  shall  be  made  of  an  amount  equal  to  a 
fair  rate  of  interest  upon  the  real  estate  invested  in  the 
enterprise  and  subject  to  local  taxation.  Experience  has 
shown  that  there  are  no  difficulties,  either  practical  or  the- 
oretical, in  the  application  of  this  method. 

The  relation  of  the  plan  I  propose  to  our  existing  taxes 
upon  corporations  should  be  briefly  considered.  There  is 
no  reason  why  at  the  outset  the  greater  part  of  our  corpo- 
ration taxes,  including  all  the  taxes  upon  public  service 
corporations,  should  not  remain  as  they  are,  for  it  will  be 
possible  to  provide,  as  is  done  in  our  present  tax  laws,  for 
exemption  of  the  income  derived  from  the  shares  of  corpo- 
rations that  pay  to  the  state  a  tax  upon  their  corporate 
franchises. 

If  the  general  court  should  see  fit,  it  would  be  possible, 
even  at  the  outset,  to  provide  that  ordinary  business  cor- 
porations should  be  taxable  under  the  new  method  by  which 
they  would  pay  the  uniform  tax  upon  tlunr  income  with 
deductions  for  real  estate  subject  to  local  taxation,  and 
would  remain  taxable,  as  at  present,  upon  their  real  estate. 
Some  other  adjustments  in  our  corporation  taxes  might  also 
prove  desirable  under  the  new  system,  but  they  are  such 
as  the  general  court  can  readily  make,  if  it  sees  fit ;  while 
upon  the  other  hand,  there  would  be  no  necessity  of  making 
them  if  the  general  court  considered  such  action  inad- 
visable. 

The  plan  I  recommend  to  the  favorable  consideration  of 
the  genend  court  has  been  under  consideration  for  some 
time  by  experts  fully  conversant  witli  the  subject  of  taxa- 
tion, and  in  formulating  it  I  have  had  the  advice  of  tax 
commissioners  of  other  states.  At  the  outset  it  was  sub- 
mitted to  our  tax  commissioner  for  his  careful  considera- 
tion, and  has  received  hit^  heartv  endorsement.  Concerning 
it  he  det'hires:  — 


Special  Messages.  1207 

Income,  in  ray  judgment,  fonns  a  more  equitable  basis  by 
which  to  gauge  the  faculty  of  the  citizen  to  pay  than  property, 
because  it  recognizes  the  ditTerence  between  the  legal  and  economic 
status  of  property;  i.e.,  between  its  capital  value  and  its  value 
put  to  use.  With  the  growth  and  accumulation  of  property, 
many  dill'erentiations  need  to  be  made  with  respect  to  property 
as  a  test  of  faculty,  which  are  better  solved  by  as^suming  income 
as  the  test.  The  adoption  of  such  a  system  would  leave  no  rea- 
son for  one  citizen  to  think  that  he  was  paying  more  than  his 
neighbor  towards  the  su])port  of  public  burdens.  It  would  leave 
no  excuse  for  the  making  of  false  returns,  or  no  returns  at  all 
to  the  taxing  authority,  and  would  not  drive  property  into  hid- 
ing. It  would  stop  the  migration  of  citizens  from  one  place  to 
another  to  obtain  a  lower  rate  of  taxation,  and  free  many  places 
from  the  stigma  of  being  tax  dodgers'  paradises. 

The  tax  commissioner  also  agrees  with  me  that  it  is  of 
the  utmost  importance  that  provision  should  be  made  for 
"  effective  control  and  supervision  "  by  the  state. 

I  believe  that  the  plan  will  provide  a  method  of  taxa- 
tion conservative  and  wise,  that  it  will  retain  all  that  is 
good  in  our  present  methods  of  taxing  real  estate  and 
corporations,  and  that  it  will  introduce  a  system  of  taxing 
personal  property  uniformly  and  fairly  by  a  method  that 
will  appeal  to  the  people  of  the  commonwealth  as  abso- 
lutely just. 

I  accordingly  submit  herewith  an  appropriate  amend- 
ment so  drawn  as  to  make  it  possible  for  the  general  court 
at  some  future  date  to  adopt  this  plan  of  taxation  if  it 
sees  fit.  This  amendment  leaves  unchanged  the  present 
constitutional  provisions  relating  to  the  taxation  of  prop- 
erty, it  provides  that  the  general  court  shall  have  the 
power  to  levy  a  uniform  tax  upon  incomes,  upon  the  con- 
dition that  property,  the  income  of  which  is  so  taxed, 
shall  be  exempted  from  other  taxation.  It  retains  the  re- 
quirements that  the  tax  shall  be  reasonable,  and  provides 
that  the  tax  shall  be  proportional  upon  incomes  of  the 
same  class,  a  provision  which  is  similar  to  the  requirements 
of  the  constitutions  of  several  other  states. 

Under  this  amendment  the  general  court  will  have  power 
to  impose  a  lower  rate  of  taxation  upon  incomes  from  pro- 
fessions and  occupations  than  from  incomes  derived  from 
property,  if  it  sees  fit  to  do  so ;  and  will  also  be  authorized 
to  grant  reasonable  exemptioris  and  abatements,  with  the 
minimum  of  restrictive  provisions.     It  places  within  the 


1208  Special  Messages. 

constitutional  power  of  the  general  court  a  practicable 
method  of  taxing  those  forms  of  property  with  respect  to 
which  our  present  system  has  proved  ineffective  and  inade- 
quate. 

Two  other  matters  should  also  receive  consideration  by 
the  general  court  at  the  present  session.  Our  methods  of 
taxing  forests  are  almost  as  defective  as  the  methods  of 
taxing  personal  property.  This  question  w^as  carefully 
considered  in  1905  by  a  special  commission  which  inves- 
tigated the  methods  employed  in  other  states  and  countries. 
Its  report  states  that  our  present  method  is  objectionable 
in  that  "  it  provides  for  taxing  the  value  of  the  growing 
crop,  as  well  as  the  land  upon  which  it  grows."  The  com- 
mission points  out  that  in  the  case  of  ordinary  agricul- 
tural crops,  the  value  of  the  crop  is  not  taxed,  but  that  in 
the  case  of  a  crop  of  timber,  the  gTowing  crop  is  taxed 
"  not  once  or  twice,  but  year  after  year  at  an  increasing 
valuation,  until  it  is  cut."  The  consequence  is  "  that  the 
owner  is  led  to  cut  his  crop  before  it  has  reached  its  pro- 
ductive maturity,  that  is,  its  greatest  value  to  himself  and 
to  the  state."  The  commission  further  shows  that  such 
taxes  on  the  growing  crop  are  levied  at  a  time  when  it  is 
yielding  no  income,  and  that  since  the  crop  '"'  may  be  from 
a  quarter  to  a  half  century  in  maturing,  it  is  a  hardship 
on  the  man  to  make  payment  during  the  intervening  years." 

Under  our  present  laws,  exemptions  are  granted  for  a 
limited  period  of  years,  but  the  report  shows  that  these 
laws  are  ineffective  and  do  not  reach  the  real  needs  of  the 
case. 

I  have  also  received  from  the  state  forester  a  valuable 
report  upon  this  subject,  which  duly  confirms  the  conclu- 
sions of  the  commission  of  1905.  The  forester  reports  that 
under  the  present  law,  whenever  the  local  assessors  value 
forest  lands  at  their  real  value  the  "  owners  at  once  realize 
the  burden  "  and  are  driven  to  cut  the  timber.  The  forester 
points  out  that  agricultural  crops  are  not  taxed,  and  that 
the  forest  is  nothing  but  n  growing  agricultural  cvoy*  which 
cannot  reach  full  maturity  if  the  annual  increments  of 
growth  are  fully  taxed  for  a  long  period  of  years.  I  also 
find  that  the  forest  service  of  the  United  States  has  made  a 
fnll  investigation  of  this  problem,  and  has  reached  conclu- 
sions similar  to  those  of  our  state  forester  and  of  the  com- 
mission of  1905. 


Special  Messages.  1209 

I  therefore  recommend  to  the  favorable  consideration  of 
the  general  court  a  constitutional  amendment  which  will 
make  possible  a  scientific  system  of  forest  taxation,  and 
submit  herewith  such  an  amendment.  In  the  form  here 
suggested,  the  amendment  merely  gives  the  general  court 
the  authority  to  adopt  such  methods  of  taxation  of  wild 
and  forest  lands  as  may  conduce  to  the  development  and 
conservation  of  the  forest  resources  of  the  common- 
wealth. 

The  importance  of  this  subject  is  not  always  understood. 
Of  the  total  area  of  the  commonwealth,  the  state  forester 
estimates  that  nearly  three  fifths  is  better  adapted  to  for- 
estry than  to  any  other  purpose.  Massachusetts  is,  in  fact, 
a  natural  forest  country,  and  under  proper  methods  of  util- 
ization the  forester  estimates  that  the  yearly  income  of  this 
industry  could  be  increased  to  something  like  $25,000,000. 
Not  only  would  such  an  industry  increase  the  material 
resources  of  the  commonwealth,  but  it  would  give  to  every 
farming  district  a  most  valuable  winter  industry,  and  en- 
able our  farmers  to  utilize  their  hired  help  and  teams  in  a 
profitable  occupation  at  a  time  when  other  work  is  not  easy 
to  find.  I  believe  indeed  that  a  better  system  of  taxing 
forests  would  contribute  as  much  as  any  other  single  factor 
toward  the  improvement  of  the  conditions  of  rural  life,  and 
I  strongly  urge  the  general  court  to  take  some  action  in  this 
direction  at  its  present  session. 

I  wish  also  to  recommend  at  this  time  that  provision  be 
made  for  an  investigation  by  the  tax  commissioner  of  the 
methods  of  taxation  employed  by  other  states  and  coun- 
tries, with  a  view  to  formulating  the  best  methods  for  se- 
curing the  enforcement  of  whatever  laws  the  general  court 
may  enact  relating  to  taxation. 

Under  the  present  statutes  the  tax  commissioner  is  free 
at  his  discretion  to  make  such  investigation  of  the  tax- 
ation laws  of  the  commonwealth  as  he  has  time  to  do; 
and  from  time  to  time  he  has  proposed  legislation  de- 
signed to  secure  better  enforcement  of  the  law.  But  the 
tax  commissioner  is  not  provided  with  the  necessary  means 
for  making  such  investigation,  nor  at  present  has  he  much 
time  to  do  so.  Other  states  have  in  recent  years  authorized 
their  tax  ofiicials  to  investigate  thoroughly  and  broadly 
all  questions  of  taxation,  and  to  recommend  such  measures 
as  will  secure  the  enforcement  of  existing  laws,  as  well 


Special  Messages. 

as  such  amendments  as  will  promote  just  and  equal 
taxation. 

I  believe  the  time  has  come  for  the  general  court  to  make 
it  the  duty  of  the  tax  commissioner  to  investigate  the 
entire  subject  of  taxation,  and  to  provide  him  with  the 
necessary  means  for  conducting  such  investigation.  I  ac- 
cordingly recommend  the  enactment  of  such  a  law,  and 
recommend  that  in  the  fiscal  year  1911,  the  tax  commis- 
sioner shall  be  authorized  for  this  purpose  to  incur  such 
expense  as  may  be  approved  by  the  governor  and  council, 
to  an  amount  not  exceeding  $10,000. 

Amendment  of  the  state  constitution  is  undoubtedly  a 
thing  not  to  be  lightly  undertaken,  but  it  is  far  from  being 
so  serious  a  matter  as  is  sometimes  supposed.  Those  who 
distrust  popular  government  may  dislike  to  see  the  power 
of  the  people  or  the  people's  representatives  enlarged. 
Persons  enjoying  special  privileges  under  the  existing  con- 
stitution will  not  unnaturally  oppose  an  amendment.  But 
for  all  who  believe  in  popular  government  it  is  self-evident 
that  an  amendment  to  the  constitution  is  one  of  the  safest 
matters  the  general  court  can  undertake.  The  issue  can- 
not be  finally  settled  by  recommendation  of  the  governor, 
or  resolution  of  the  general  court,  but  must  be  determined 
by  the  people  of  the  state,  through  a  referendum  vote  had 
after  two  years  of  consideration  and  public  discussion. 
Since  the  present  constitution  fastens  upon  the  state  a 
system  of  taxation  incapable  of  enforcement  without  great 
injury  to  the  interests  of  the  commonwealth,  T  believe  the 
people  will  favor  a  reasonable  amendment ;  and  I  there- 
fore strongly  urge  favorable  action  at  the  present  session 
upon  the  proposed  constitutional  amendments. 

[To  the  honorable  senate  and  house  of  representatives,  May  19,  1911.] 

Herewith  I  return,  without  my  approval,  "  An  Act  rela- 
tive to  pensioning  members  of  the  fire  department  of  the 
city  of  Boston." 

There  is  at  present  in  existence  an  admirable  law  cover- 
ing pensions,  namely,  chapter  347  of  the  acts  of  1892.  Pen- 
sions thus  provided  are  just  and  liberal. 

Moreover,  T  am  heartily  in  favor  of  extending  our  exist- 
ing systems  of  pensions  in  the  most  liberal  spirit  that  is 
consistent  with  ]uil)lic  policy;  but,  in  my  judgment,  the 
present  bill  is  absolutely  contrary,  not  only  to  good  policy 


Special  Messages.  1211 

in  general,  but  to  the  principle  of  local  government  in 
particular. 

In  the  first  place  this  bill  provides  for  pensioning  a  mem- 
ber of  the  fire  department  after  fifteen  years  of  employ- 
ment, irrespective  of  his  having  rendered  satisfactory  or 
continuous  service. 

Furthermore,  the  bill  would  virtually  compel  the  fire 
commissioner  to  grant  a  pension,  upon  the  certificate  of  the 
physician  of  the  board  of  health  for  disability,  even  though 
that  disability  were  only  temporary.  Next,  the  bill  would 
enable  a  member  of  the  fire  department  to  receive  a  pension, 
irrespective  of  age  limit,  after  twenty-five  years  of  service, 
even  though  he  were  fully  capable  of  continuing  to  render 
efficient  service. 

The  present  law  provides  that  in  order  to  obtain  a  pen- 
sion for  disability,  such  disability  shall  be  permanent  and 
incurred  in  the  discharge  of  public  duty. 

The  proposed  law  withdraws  these  safeguards  and  per- 
mits a  pension  to  be  granted  even  though  disability  was  not 
so  incurred. 

Furthermore,  this  bill  does  not  provide  for  any  ratifica- 
tion by  either  the  voters  of  Boston  or  the  city  council  and 
is  therefore  directly  contrary  to  the  principle  of  home 
government. 

I  regard  it  as  particularly  unfortunate  that  legislation 
with  respect  to  pensions  should  be  placed  upon  so  unsatis- 
factory and  impracticable  a  basis  as  in  this  present  bill. 

[To  the  honorable  senate  and  house  of  representatives,  May  19,  1911.] 

I  transmit  herewith  a  report,  by  Mr.  Clinton  H.  Scovell, 
on  the  Massachusetts  highway  commission. 

I  find  that  the  commission  expended  during  the  fiscal 
year  ending  ISTovember  30,  1910,  a  total  slightly  in  excess 
of  $1,234,000  and  that  approximately  half  of  this  sum  was 
taken  from  the  loan  fund  and  approximately  one  third  from 
the  motor  vehicle  fees  fund.  The  annual  legislative  appro- 
priations cover  expenditures  not  provided  for  by  the  funds. 

The  pending  appropriation  is  for  $261,250. 

The  greater  part  of  the  aggregate  expense  is  incurred 
for  the  construction  and  maintenance  of  the  highways  under 
contract,  and  the  engineering  expenses  of  the  department 
are  slightly  under  10  per  cent  of  the  cost  of  all  work  done 
under  their  supervision. 


1212  Special  Messages. 

Charges  of  this  amount  are  moderate,  but  it  must  be 
noted  that  in  addition  to  these  charges,  there  are  salaries 
and  expenses  which  constitute  an  additional  10  per  cent 
over  and  above  the  cost  of  constructing  and  maintaining 
highways. 

To  offset  this  it  should  be  noted  that  the  commission  has, 
in  addition  to  its  regular  engineering  work,  the  super- 
vision of  telephone  and  telegraph  lines,  and  the  super- 
vision of  automobiles.  It  will  be  seen,  therefore,  that  the 
commission  has  three  distinct  lines  of  duty  which  bear 
very  little  relation  to  one  another. 

Considering  the  work  of  the  highway  commission  as  it 
exists  to-day,  I  am  glad  to  note  that  its  administration 
appears  to  be  excellent.  ^Nevertheless,  having  in  view  the 
widely  diverging  lines  of  work  carried  on  by  these  com- 
missioners, I  again  call  attention  to  the  desirability  of 
establishing  in  this  state  a  utilities  board. 

I  have  already  advocated  the  establishment  of  a  utilities 
board  which  should  comprise  the  functions  of  the  present 
railroad  commission,  the  gas  and  electric  light  commission, 
the  Boston  transit  commission,  and  the  highway  commis- 
sion. I  believe  that  the  large  expenditures  now  incurred 
by  those  several  boards  as  a  whole,  can  be  rendered  far 
more  efficient  by  a  combined  general  management,  con- 
trolling the  several  divisions  of  work  properly  assigned. 

The  very  fact  that  there  now  exists  a  difference  in  effi- 
ciency between  these  different  commissions,  indicates  the 
necessity  of  raising  them  all  to  at  least  the  standard  of  the 
one  that  is  now  best. 

I  recommend  Mr.  Scovell's  report  to  your  careful  atten- 
tion with  the  further  comment  that  I  believe  the  present 
annual  expense  of  $4,750,  which  is  paid  for  office  rent  by 
the  highway  commission,  can  be  eliminated  when  the  com- 
mission now  at  work  upon  the  office  space  within  the  state 
house  shall  have  concluded  its  work. 

I  believe  also  that  a  far  larger  proportion  of  the  ex- 
penses of  this  commission  should  l>o  met  by  increased 
license  fees  on  high-powered  motor  vehicles,  since  these 
expenses  are  kept  at  a  high  figure  largely  because  of  the 
excessive  wear  due  to  these  vehicles. 

I  approve  the  pending  ap]u-o]U'iation  for  the  highway 
commission,  amounting  to  $'2('»l,!2r)0,  with  the  urgent  voo- 
onnncndation  thiit  the  couiiiiissi(in  bo  consolithited  with 
others,  as  stated,  into  a  urililies  board. 


Special  Messa(jes.  1213 

[To  the  honorable  senate  and  house  of  representatives,  May  23,  1911.] 

Herewith  I  return,  "  An  Act  relative  to  appropriations 
for  the  support  of  the  public  schools  of  the  city  of  Boston," 
which  T  cannot  approve  for  the  reason  that  section  2  of  the 
act  makes  mandatory  the  increase  of  salary  of  a  certain 
class  of  teachers. 

The  question  at  issue  is  not  whether  the  salaries  of 
teachers  shall  be  increased.  Everyone  agrees  that  such 
increase,  to  correspond  with  the  increased  cost  of  living, 
should  be  made  at  once.  The  question  is  merely  whether 
the  legislature  should  incorporate  in  the  bill  authorizing  in- 
creased salaries  a  provision  making  it  compulsory  upon  the 
school  committee  of  Boston  to  spend  a  certain  fixed  propor- 
tion of  its  appropriations  for  increasing  salaries  of  a  par- 
ticular class  of  teachers.  This  provision  is  an  unwarranted 
interference  by  the  legislature  with  a  question  which  the 
citizens  of  Boston,  through  the  Boston  school  committee, 
are  competent  to  decide  for  themselves,  and  should  decide 
for  themselves. 

The  citizens  of  Boston  elect  a  school  committee  which  has 
power  to  determine  the  scale  of  salaries.  If  that  committee 
does  not  perform  satisfactorily  its  duties,  the  remedy  lies 
with  the  citizens  of  Boston  and  not  in  an  appeal  to  the 
legislature.  If  the  legislature  can  rightfully  control  the 
administration  of  the  Boston  schools  in  this  particular,  it 
is  difficult  to  see  what  other  matters  cannot  and  should  not 
be  taken  from  the  control  of  the  people  of  Boston  and  vested 
in  the  commonwealth. 

For  the  legislature  to  control  in  this  matter  the  school 
committee  elected  by  the  citizens  of  Boston,  would  be  par- 
ticularly unwise  because  such  action  would  lower  the 
morale  of  the  teaching  staff  and  seriously  impair  the  dis- 
cipline of  the  schools.  It  would  be  followed  by  appeals 
from  other  classes  of  teachers  to  the  legislature,  with  a 
consequent  decline  in  the  value  and  effectiveness  of  the 
Boston  school  committee. 

The  matter  is  one  which  does  not  concern  the  citizens  of 
Boston  alone,  for  the  precedent  it  sets  affects  the  principle 
of  home  rule  in  every  city  and  town  in  the  commonwealth. 

It  would  be  a  matter  of  regret  if  a  single  unwise  clause 
designed  to  benefit  a  particular  class  of  deserving  teachers, 
should  prevent  proper  provision  being  made  this  year  for 
the  increase  of  the  salaries  of  all  classes  of  teachers  who,  in 


1214  Special  Messages. 

the  jiKlgment  of  the  school  committee,  deserve  such  an  in- 
crease. I  therefore  recommend  that  a  law  be  enacted 
which  will  place  at  the  disposal  of  the  school  committee  a 
sum  sufficient  for  this  purpose.  It  would  be  desirable  to 
include  in  such  an  act  provision  for  the  objects  included  in 
section  1  of  the  act  I  return  without  mj  approval,  and  I 
recommend  that  such  action  be  taken. 

[To  the  honorable  senate  and  house  of  representatives,  May  23,  1911.] 

1  herewith  return,  without  my  approval,  a  bill  entitled 
"  An  Act  relative  to  the  extension  of  Boylston  street  across 
the  Back  Bay  Fens  in  the  city  of  Boston." 

It  is  a  matter  of  public  record  that  before  entering  upon 
my  present  term  of  office  I  appeared  at  a  hearing  before  a 
legislative  committee  in  favor  of  such  action  as  is  author- 
ized by  this  bill. 

It  must  be  evident,  however,  that  an  interest  acquired 
several  years  ago  in  property  affected  by  this  bill  disquali- 
fies me  from  having  any  part  in  this  legislation,  and  leaves 
me  no  alternative  but  to  veto  the  measure. 

[To  the  honorable  senate  and  house  of  representatives.  May  25,  1911.] 

I  am  informed  that  there  is  objection  to  admitting  as 
new  legislation  the  recommendation  made  in  the  recent 
message  transmitting  my  veto  of  the  act  entitled  "  An  Act 
relative  to  appropriations  for  the  support  of  the  public 
schools  of  the  city  of  Boston." 

In  order  that  technical  difficulties  may  not  prevent  im- 
mediate action  upon  the  matter  of  the  teachers'  salaries 
this  year,  I  hereby  recommend  that  a  law  be  enacted  which 
will  place  at  the  dis]")osal  of  the  Boston  school  committee 
a  sum  sufficient  for  this  purpose.  It  would  be  desirable  to 
include  in  such  an  act  ])rovision  for  the  objects  included 
in  section  1  of  the  act  above  referred  to,  and  I  recommend 
that  such  action  be  taken. 

[To  the  honorable  senate  and  house  of  representatives,  May  25,  1911.] 

Herewith  I  transmit  a  report  by  ^Ir.  C  L.  Ilarjiham 
and  ]\rr.  II.  L.  Coe  on  the  four  state  sanatoria  for  con- 
sum  pt  Ives,    at    Ixutland,    North   Reading,    Lakeville,   and 

Westtield. 

These   institutions   show   how   necessary   it   is   for   our 


Special  Messages.  1215 

public  expenditures  to  be  placed  under  better  business 
control.  For  example,  these  institutions  represent  a  total 
property  value  of  over  $900,000  and  acconunodate  ap- 
proximately 800  patients.  The  property  value  per  pa- 
tient varies  from  the  minimum  of  $770  at  North  Reading 
to  a  maximum  of  $1,600  at  Rutland ;  and  the  number  of 
employees  per  inmate  varies  from  the  ratio  of  100  em- 
ployees to  every  179  inmates  at  Rutland  to  100  employees 
to  255  inmates  at  North  Reading.  Both  lists  of  employees 
appear  to  be  extraordinarily  large  considering  that  most 
of  the  patients  are  not  helpless  but  are  able  to  wait  upon 
themselves  to  a  large  degree.  Moreover,  there  should  be 
no  such  wide  discrepancies  between  institutions  but  all 
should  be  brought  to  a  reasonable  business  level.  Thus 
the  cost  per  cajnta  per  year  at  Rutland  for  food  and  sup- 
plies is  $168,  including  at  a  fair  valuation  the  food  prod- 
ucts raised  on  the  place,  and  at  Lakeville  the  cost  per 
capita  per  year  is  $117.  If  one  or  the  other  of  these 
figures  represents  efficiency  the  other  does  not.  A  more 
business-like  management  is  needed  to  compel  all  these 
institutions  to  conform  to  economical  methods. 

Again,  the  average  cost  per  patient  per  year  at  Rutland 
for  heat,  light  and  power,  is  $43  as  against  $29  at  ISTorth 
Reading. 

The  custom  prevails  at  Rutland  of  discharging  an  in- 
dividual as  a  patient  when  sufficiently  improved  and  put- 
ting him  on  the  pay  roll  of  the  institution  as  an  employee. 
The  claim  is  made  that  the  institution  is  thus  equip]jed 
with  experienced  employees  without  extra  expense  but  it 
is  impossible  to  believe  that  the  345  patients  at  Rutland 
require  189  employees  to  look  after  them.  In  fact  the 
entire  medical  force,  the  attendants  in  the  wards,  together 
with  the  men  at  work  on  repairs  and  around  the  farm, 
stable  and  grounds,  only  make  up  a  total  of  57,  whereas 
there  are  over  twice  this  number  employed  under  the  head- 
ing of  "  general  administration." 

If  it  is  the  function  of  the  state  to  support  the  ex-pa- 
tients they  should  not  be  maintained  imder  the  pretence 
of  working  for  wages.  It  would  be  more  in  accord  with 
business  methods  to  establish  a  class  of  free  patients  and 
not  debauch  the  efficiency  of  the  management  in  any  insti- 
tution. This  matter  should  receive  the  most  careful  atten- 
tion. 


1216  Spp:cial  Messages. 

The  cost  of  food  at  these  institutions  is  open  to  parallel 
criticisms.  For  example,  Mr.  IIar])ham  finds  that,  at 
Rutland,  if  certain  reasonable  business  principles  are  fol- 
lowed in  the  two  items  of  meat  and  butter  for  a  year, 
$7,000  a  year  will  be  saved  to  the  state  and  he  comments 
favorably  on  the  fact  that  the  steward  at  this  institution 
has  started  out  to  accomplish  this  reform.  We  cannot 
estimate  the  saving  which  would  be  effected  if  parallel 
economies  were  to  be  studied  out  in  all  the  departments 
of  all  these  institutions,  but  it  would  doubtless  be  very 
large. 

I  pass  the  regular  maintenance  appro])riations  for  these 
four  institutions  as  follows : 

Westfield  state  sanatorium, $69,201  31 

Rutland  state  sanatorium, 126,695  20 

North  Reading  state  sanatorium,     ....  61,761  83 

Lakeville  state  sanatorium, 69,155  78 

I  take  this  step  in  view  of  the  hunuiiiitarian  character 
of  these  institutions  but  it  is  of  the  utmost  importance 
that  they  should  be  brought  to  a  uniform  level  of  business- 
like efficiency. 

WESTFIELD    SANATORIUM. 

I  cannot  grant  $1,800  for  a  recreation  building.  This 
institution  has  been  open  for  only  fifteen  months,  and 
as  it  already  represents  a  large  capital  outlay  per  patient 
I  do  not  think  it  should  be  enlarged  until  the  need  of  such 
a  building  can  be  more  fully  demonstrated. 

Four  thousand  dollars  is  requested  to  buy  a  farm  which 
Mr.  Harpham  considers  is  not  worth  the  money.  I  can- 
not pass  this  sum  until  convinced  that  a  fair  price  has 
been  arrived  at.  Also  $1,500  is  wantc^d  for  cows.  I  agree 
to  this  if  the  Massachusetts  Agricultural  College  be  re- 
quired to  select  the  live  stock  and  fix  a  fair  price  for  it. 

One  thousand  dollars  for  extension  of  kitchen,  etc..  is 
allowed ;  but  $1,000  for  grading  the  grounds  is  not  ap- 
proved. 

RUTLAND  SANATORIUM. 

At  Rutland  $4,800  is  requested  for  a  new  electric 
generator.  Nevertheless,  Mr.  Coc  has  gone  over  the  power 
records  of  this  institution  and  finds  that  the  ju-esent  dyna- 
mos, which  aggregate   118  kilowatts,  are  not   required  to 


SrEciAL  Messages.  1217 

deliver  over  67  kilowatts,  except  for  a  few  days  in  the 
winter,  and  he  finds  that  if  the  present  dynamos  cannot 
easily  take  care  of  these  loads,  then  the  machines  them- 
selves are  not  right  and  it  would  seem  to  rest  with  the 
Westinghonse  Company  who  made  them,  to  replace  them. 

Of  the  $1,975  requested  for  drainage  pipes  I  approve 
$1,000,  also  $400  for  fire  protection.  Fourteen  hundred 
dollars  for  resurfacing  the  roadway  is  not  approved. 

Eighty-nine  hundred  dollars  is  wanted  for  a  barn.  Mr. 
Coe  advises  that  half  that  sum  should  be  adequate  and  I 
concur  with  him. 

I  cannot  pass  the  $1,535  appropriation  for  carpenter 
shop  and  machinery.  Lumber  needed  for  repairs  is  a 
small  item  and  should  be  bought  prepared  for  use. 

Twenty-two  hundred  dollars  is  allowed  for  extending  the 
piazza  and  making  over  and  furnishing  the  ell,  as  this 
will  provide  for  more  bed  patients  and  not  increase  the 
per  capita  cost. 

I  cannot  approve  of  $1,500  for  an  elevator,  but  approve 
$450  for  an  ambulance  and  $150  for  covering  the  bridge 
between  buildings. 

LAKEVILLE    SANATORIUM. 

For  the  Lakeville  sanatorium  I  cannot  approve  of  $1,800 
for  a  recreation  building;  and  can  approve  of  only  $500 
out  of  the  $1,000  requested  for  a  hennery. 

One  thousand  dollars  for  wells  and  sewerage  disposal 
is  allowed,  but  $800  for  a  fence  seems  superfluous  and  I 
cannot  approve  it. 

NORTH    READING    SANATORIUM. 

At  ISTorth  Reading  there  seems  to  be  urgent  need  of  new 
filter  beds  for  sewage  for  which  $3,800  is  requested.  Mr. 
Harpham  condemns  the  system  now  started  and  I  cannot 
approve  of  extending  it  until  the  institution  can  furnish 
clear  and  definite  plans  of  what  it  wants  to  do,  with  con- 
vincing proof  that  they  are  sound  and  economical  on  an 
engineering  basis. 

TRUSTEES. 

I  also  pass  the  appropriation  of  $5,100  for  the  trustees 
of  these  hospitals,  but  shall  recommend  that  in  future  the 
management  exercise  a  more  careful  supervision  of  pro- 


1218  Special  Messages. 

jected  engineering  and  other  expenses.  The  folly  of  al- 
lowing large  appropriations  for  new  machinery,  for  ex- 
ample, without  careful  consideration  of  the  facts  is  obvious 
from  the  instances  cited  above  and  in  previous  reports. 

[To  the  honorable  senate  and  house  of  representatives,  May  29,  1911.] 

Herewith  I  return  without  my  approval  "  An  Act  to 
allow  peaceful  persuasion." 

I  consider  that  if  this  bill  has  any  special  significance 
it  is  in  reference  to  labor  disputes  and  that  whatever  sig- 
nificance it  possesses  is  manifestly  directed  to  the  existing 
practice  of  using  the  persuasive  efforts  of  one  set  of  men  to 
induce  other  workmen  to  agree  with  them. 

Every  citizen  is  at  present  in  full  enjoyment  of  his  fun- 
damental right  to  debate  peacefully  whatever  subject  he 
pleases,  with  any  one  who  will  listen  to  him  as  man  to  man, 
and  under  conditions  to  which  both  agree.  We  need  no 
new  statute  to  guarantee  that  right. 

But  it  often  happens  that  in  matters  relating  to  indus- 
trial problems  persuasion  passes  into  threats  and  menacing 
demands  and  thus  ceases  to  be  peaceful  and  becomes,  in 
fact,  a  species  of  intimidation  and  compulsion. 

It  is  my  earnest  belief  that  such  compulsion  is  wrong  in 
principle,  that  it  injures  the  cause  which  it  seeks  to  help, 
that  it  fosters  enmity  and  conduces  not  merely  to  words  but 
to  acts  of  violence ;  and  we  must  have  no  statute  which  can 
be  used  to  legalize,  in  the  guise  of  peaceful  persuasion, 
such  means  of  intimidation  and  moral  compulsion  as  I 
have  referred  to. 

Our  courts  now  possess  the  right  to  determine  in  any 
case  which  comes  before  them,  wh(>tlier  the  persuasive 
efforts  of  one  man  or  set  of  men  are  within  the  bounds  of 
right  and  justice.  We  cannot  diminish  that  power  or 
qualify  it  by  any  legislative  act  without  at  the  same  time 
stripping  from  the  very  workmen  whom  we  would  protect 
the  safeguards  of  law  and  order  upon  which  their  own  and 
their  families'  lives  and  liberty  depend. 

[To  the  honorable  senate  and  house  of  representatives,  May  29,  1911.) 

TTercwitli  I  ret  urn  without  my  approval  "  An  Act  rela- 
tive to  the  salaries  of  watchmen  in  the  state  prison  and 
Massachusetts  reformatory." 

This   bill   anu^nds   the   existing  law   by   providing   that 


Special  Messages.  1219 

every  turnkey  and  watchman  who  has  been  in  service  for 
five  or  more  years,  shall  receive  an  annual  salary  of  $1,-300. 

I  feel  that  it  would  he  particularly  unwise  at  this  time, 
while  these  institutions  are  under  investigation,  to  fix  arbi- 
trarily the  salaries  which  certain  specified  classes  of  em- 
ployees shall  receive.  For,  whatever  claim  these  men  may 
have  to  higher  pay  must  rest  upon  the  question  of  their 
individual  efficiency  and  personal  service  to  the  state,  and 
these  matters  are  now  being  looked  into. 

There  is,  however,  a  far  weightier  reason  why  I  cannot 
api)rove  this  act.  I  believe  that  the  functions  and  the  du- 
ties of  the  Massachusetts  legislature  are  broad ;  and  that 
upon  your  honorable  body  the  present  and  the  future  wel- 
fare of  this  state  depends.  I  believe  that  the  people  of  this 
state  have  a  right  to  expect  from  you  such  legislation  as 
shall  preserve  and  increase  the  general  welfare.  If,  with 
these  large  and  pressing  duties  before  you,  you  persist  in 
exercising  the  functions  which  properly  relate  to  the  busi- 
ness management  of  any  institution,  you  will  not  and  can- 
not fulfill  to  the  people  of  this  state  the  obligations  respect- 
ing more  important  matters  which  they  have  placed  upon 
jou. 

It  is  with  reluctance  that  I  withhold  my  approval  from 
any  of  your  acts,  but  in  the  discharge  of  my  public  duties 
I  cannot  do  otherwise  than  call  to  your  attention  first,  the 
urgent  need  in  this  state  of  broad,  constructive  legislation, 
and  second,  the  fact  that  thus  far  many  of  your  delibera- 
tions have  resulted  only  in  the  assumption  of  duties  which 
I  believe  should  properly  be  left  to  the  towns  and  cities 
or  institutions  to  which  they  relate. 

Your  existing  legislative  practice  creates  boards,  commis- 
sions, superintendents,  and  directors  having  jurisdiction 
over  certain  institutions,  utilities,  and  departments  of  the 
public  service ;  and  then  strips  from  these  bodies  and  indi- 
viduals a  considerable  portion  of  their  responsibilities  and 
their  power. 

So  long  as  duly  constituted  governing  bodies  are  created, 
either  for  communities  or  for  institutions  it  would  seem  to 
be  the  part  of  wisdom  to  leave  to  their  judgment  and  ex- 
perience the  control  of  their  own  affairs  in  order  that  they 
may  either  demonstrate  their  efficiency  and  remain  vested 
with  proper  power,  or  prove  their  inefficiency  and  be  re- 
moved from  the  public  service. 


1220  Special  Messages. 

I  deplore  the  necessity  of  calling  to  your  attention  these 
vital  matters  of  management  and  public  policy,  but  the  his- 
tory of  the  i)resent  legislature  to  date  leaves  me  no  recourse 
but  to  declare  freely  and  without  reservation  what  I  believe 
the  popular  voice  of  the  state  demands. 

[To  the  honorable  senate  and  house  of  representatives,  May  29,  1911.] 

Herewith  I  return  without  my  approval  "  An  Act  rela- 
tive to  wages  of  employees  of  the  metropolitan  park  com- 
mission and  the  metropolitan  water  and  sewerage  board," 
which  provides  that  wages  paid  in  this  department  to  la- 
borers directly  employed  by  them  shall  not  be  less  than 
$2.25  a  day. 

I  am  earnestly  in  favor  of  giving  to  all  public  servants, 
whether  heads  of  departments  or  day  laborers,  an  adequate 
remuneration,  provided  that  as  individuals  they  demon- 
strate their  fitness  for  their  employment. 

I  believe  it  is  unwise  for  the  legislature  to  determine  the 
wages  which  any  class  of  workmen  shall  receive,  irrespec- 
tive of  their  individual  efficiency,  and  solely  because  they 
belong  to  a  certain  department  of  the  public  service  selected 
for  legislative  favor. 

This  bill  would  increase  the  public  expenditures  of  this 
state  by  a  sum  approximating  $50,000,  with  no  guarantee 
whatever  that  the  state  would  receive  one  cent's  worth  of 
added  service. 

I  am  sincerely  in  favor  of  any  proper  legislation  which 
gives  to  our  public  service  commissioners  the  right  to  pay 
adequate  salaries,  when  in  their  judgment  such  salaries  are 
justified  by  the  service  rendered,  but  to  fix  arbitrarily, 
over  the  heads  of  our  commissioners,  such  added  ]mx  as  you 
now  propose,  is  incompatible  with  the  disci]iline  of  our 
state  departments,  and  fatal  to  the  best  efficiency. 

[To  the  honorable  senate  and  house  of  representatives,  June  1,  1911.) 

I  transmit  herewith  a  report  by  Mr.  Harvey  S.  Chase 
on  the  department  of  the  commissioner  of  corporations  and 
tax  commissioner. 

In  this  de])artment  there  are  four  ])rinci])al  functions: 
namely,  those  of  the  commissioner  of  corporations,  tax  com- 
missioner, supervision  of  assessors  and  inheritance  taxation. 

^fr.  Chase  reviews  the  work  of  the  six  commissions 
which  have  studied  the  tax  problem  during  the  past  seven- 


Special  Messages.  1221 

teen  years.  Although  little  has  been  clone,  as  a  result  of 
these  coniiuissions,  it  seems  obvious  that  the  difficulty  lies 
partly  with  the  law  which  does  not  empower  the  tax  com- 
missioner to  compel  local  boards  of  assessors  to  do  their 
duty,  and  which  does  not  provide  adequate  penalty  for  the 
evasion  of  law  in  certain  instances.  Particularly  as  re- 
gards legacies,  penalties  for  the  evasion  of  taxation  need 
to  be  strengthened  and  a  petition  to  that  effect  by  the  tax 
commissioner  is  now  before  the  legislature. 

In  the  supervision  of  local  assessors  the  commissioner 
may  now,  under  the  law,  inspect  the  work  of  the  assessors 
and  advise  them.  He  can  recommend,  but  cannot  enforce, 
a  just  valuation.  In  the  taxation  of  real  and  personal 
property  the  law  requires  that  the  assessors  of  towns  and 
cities  shall  make  a  fair  cash  valuation  of  all  property,  real 
and  personal,  which  is  subject  to  taxation.  It  is  a  noto- 
rious fact  that  this  is  not  commonly  done.  Assessors  are 
subjected  to  all  sorts  of  influence  and  pressure,  and  are 
thus  drawn  away  from  an  impartial  discharge  of  their 
duty.  Moreover,  large  tracts  of  real  property  are  un- 
doubtedly assessed  at  far  too  low  a  valuation,  and  great 
quantities  of  personal  property  escape  taxation  altogether. 

Hence,  there  is  the  most  urgent  need  of  revision  in 
the  existing  law.  There  should  be  a  real  supervision  of 
local  assessors  by  the  commonwealth,  and  I  renew  my 
recommendation  that  the  tax  commissioner  be  provided 
with  the  necessary  means  for  making  a  thorough  investi- 
gation of  methods  of  enforcing  and  improving  our  taxation 
laws,  in  order  to  secure  just  and  equal  taxation. 

Coming  now  to  the  so-called  voluntary  associations,  the 
liability  of  their  members  is  not  clearly  defined,  and  no 
penalty  is  placed  if  such  associations  fail  to  file  with  the 
commissioner  a  copy  of  their  trust  agreement.  Moreover, 
the  latter  is  not  empowered  to  compel  the  filing  of  such 
agreement.  In  conform  it  v  with  the  recommendation  which 
I  made  in  my  inauguration  message,  the  tax  commis- 
sioner has  been  authorized  by  the  legislature  to  investi- 
gate such  associations,  to  determine  their  legal  status,  and 
whether  or  not  it  is  advisable  to  control  them  by  law  or  to 
prohibit  their  existence. 

Mr.  Chase  finds  that  the  present  quarters  of  the  tax 
commissioner  are  crowded,  and  I  trust  that  the  pending 
investigation  of  office  accommodations  in  the  state  house 


1222  Special  Messages. 

may  show  a  method  of  remedying  this  difficulty  by  re- 
distributing some  of  the  space  that  is  not  now  fully  utilized 
in  the  state  house. 

I  approve  the  annual  appropriation  of  $80,800  for  the 
tax  commissioner's  department  which  is  mainly  for  the 
payment  of  necessary  salaries,  as  I  am  convinced  that  the 
unsatisfactory  condition  of  taxation  matters  in  this  state 
arises  in  large  part  from  inadequate  legislation  and  not 
from  a  faulty  organization  of  the  commissioner's  office. 

[To  the  honorable  senate  and  house  of  representatives,  June  2,  1911.] 

I  transmit  herewith  a  report  by  Mr.  Harvey  S.  Chase, 
on  the  department  of  the  controller  of  county  accounts. 

Upon  this  officer  rests  the  responsibility  under  the  stat- 
utes of  verifying  the  receipts  and  disbursements  of  the 
various  county  officers.  Under  this  official  the  accounts  of 
the  various  counties  of  the  commonwealth  are  being  placed 
upon  a  uniform  basis  and  are  audited  during  each  year  in 
complete  detail  by  the  controller  or  one  of  his  deputies. 
The  annual  expenditures  of  the  department  slightly  exceed 
$8,000  on  the  average. 

A  free  discussion  of  the  efficiency  of  this  office  is  some- 
what restricted  by  the  fact  that  alleged  irregularities  in 
certain  county  institutions  are  now  under  investigation  by 
a  grand  jury,  definite  charges  having  been  brought  by  a 
committee  of  citizens  of  Middlesex  county  against  the 
county  commissioner,  the  county. treasurer,  and  the  former 
keeper  of  the  jail  at  Lowell.  jNfr.  Chase  is  therefore 
compelled  to  limit  his  observations  but  ho  finds  that  the 
unsatisfactory  methods  which  exist  and  which  are  not  in 
accord  with  strict  interpretations  of  the  law,  have  become 
established  through  long  terms  of  years  and  that  the  law 
should  be  adequately  modified  in  order  to  safegiiard  the 
expenditures  of  public  funds  by  the  counties. 

Mr.  Chase  sets  forth  in  some  detail  a  ccnnparative  table 
of  certain  costs  in  various  county  jails  and  houses  of  cor- 
rection. Taking  for  example  the  Cambridge  jail,  the  costs 
of  provisicms  per  capita  per  annum  are  $50  as  against  $.'V2 
in  the  Worcester  and  Fitchburg  institutions;  and  the  costs 
of  clothing  are  $1(5  as  against  $4  in  the  latter  institntic^ns, 
while  the  salaries  of  officers  per  jirisoner  are  $1-'5<1  at  Cam- 
bridge as  against  $72  at  Worcester  and  Fitchburg. 


Special  Messages.  1223 

The  foregoing  figures  are  for  1910.  In  preceding  years 
the  discrepancies  have  been  even  greater,  as,  for  example, 
$19  for  clothing  at  Cambridge  in  1908  as  against  $5  at 
Worcester  and  Fitehburg;  and  provisions,  $03  as  against 
$32.  These  figures  are  all  quoted  from  the  records  of  the 
prison  commissioners  and  it  is  probable  that  varying  local 
conditions  account  for  a  part  of  these  discrepancies, 

Nevertheless,  it  is  obvious  that  with  institutions  of  fairly 
parallel  character,  local  conditions  cannot  account  for  a  dif- 
ference of  100  per  cent  or  more  in  such  items  as  the  sal- 
aries of  officers  per  inmate  and  the  costs  of  provisions  and 
clothing. 

Without  going  into  details  which  might  constitute  an  in- 
fraction of  the  prerogatives  of  the  grand  jury,  it  seems 
proper  to  state  that  the  controller  of  comity  accounts  has 
obviously  not  succeeded  in  bringing  about  an  equality  of 
efficiency  in  county  expenditures. 

The  functions  of  the  controller  are  somewhat  parallel  to 
those  of  the  bureau  of  statistics.  The  controller  super- 
vises the  expenditures  of  the  counties  and  the  bureau  of 
statistics  analyzes  the  accounts  of  towns  and  cities.  The 
bureau  of  statistics,  as  at  present  constituted,  has  un- 
doubtedly acquired  an  experience  in  connection  with  local 
finances  which  would  enable  it  to  discharge  with  high  effi- 
ciency the  duty  of  controlling  county  accounts.  I  therefore 
urge  that  the  office  of  controller  of  •  county  accounts  be 
abolished  and  the  duties  of  that  office  given  over  to  the 
director  of  the  bureau  of  statistics  with  an  adequate  com- 
pensation for  the  increased  responsibility  thus  put  upon 
him,  I  believe  a  greater  efficiency  in  the  combined  work 
of  the  two  departments  would  result. 

I  have  already  advocated  the  creation  of  a  finance  com- 
mission to  direct  public  finances  throughout  the  state  and 
I  believe  that  the  combination  just  suggested  is  a  step  in 
the  direction  of  constituting  such  central  authority. 

The  state  is  undoubtedly  overburdened  with  commis-  - 
sions  and  separate  departments  which  closely  parallel  each 
other's  work.  To  consolidate  such  departments  as  those  of 
the  controller  of  county  accounts  and  the  director  of  statis- 
tics would  unquestionably  make  for  public  economy  and 
better  public  service. 

I  pass  the  pending  annual  appropriation  for  the  con- 
troller of  county  accounts,  namely,  —  $8,800,  with,  how- 


1224  Special  Messages. 

ever,  the  earnest  recommendation  that  the  office  be  abol- 
ished as  soon  as  practicable  and  merged  with  the  bureau 
of  statistics. 

(To  the  honorable  senate  and  house  of  representatives,  June  5,  1911.] 

I  transmit  herewith  a  report  by  Mr.  Walter  Webster  on 
the  metropolitan  park  commission. 

The  pending  annual  ap])ro]nMations  for  this  commission 
aggregate  over  $685,000,  all  of  which  is  for  its  regular 
work  and  does  not  include  additional  purchases  of  land 
or  "  extraordinary  expenses."  The  two  chief  items  are 
$370,000  and  $189,000  for  the  yearly  expenses  of  the  res- 
ervations  and  parkways,   respectively. 

The  metropolitan  park  system  represents  a  capital  out- 
lay of  over  $18,000,000,  mainly  spent  for  the  purchase  of 
land  and  its  improvement.  Including  interest  on  this  debt, 
the  total  yearly  cost  to  the  taxpayers  is  over  a  million 
dollars.  The  entire  direct  state  tax  is  less  than  five  mil- 
lion dollars. 

Considering  the  large  costs  of  our  necessary  public  in- 
stitutions, hospitals,  asylums,  schools,  prisons,  etc.,  and  the 
general  running  expenses  of  the  state  government,  I  can- 
not believe  that  the  taxpayers  of  the  state  intended  that 
the  park  systems  should  ever  absorb  so  large  a  proportion 
of  the  public  funds ;  nor  do  I  believe  that  it  is  either  neces- 
sary or  expedient  to  keep  on  indefinitely  increasing  the 
area  and  the  annual  expenses  of  these  reservations. 

For  example,  the  metropolitan  reservations  now  com- 
prise 9,400  acres,  consisting  mostly  of  woodlands,  inter- 
sected by  wood  roads  and  foot  paths.  The  cost  to  the  state 
represents  $40  per  acre  each  year  for  up-keop  and  ex- 
penses as  shown  by  the  figures  given,  not  including  the 
interest  charges. 

The  high  cost  of  labor  is  assigned  as  a  reason  for  this, 
but  from  Mr.  Webster's  analysis  of  costs,  it  is  obvious  that 
the  annual  labor  charge  of  $105,000  is  only  $11  per  acre 
and  he  recommends  reducing  this.  He  says  that  "  the  labor 
item  has  a  constant  tendency  to  grow  larger  and  larger  in 
an  almost  imperceptible  way  and  that  when  the  force  is 
once  increased  it  is  almost  never  reduced."  The  same  crit- 
icism may  justly  be  made  of  all  the  other  expenses. 

Tn  comparing  the  ]ioiiding  ap]u-opriations  with  those  of 
15)10  it  should  be  noted  that  there  is  a  net  increase  of  only 


Special  Messages.  1225 

$12,000,  including  all  the  newly  added  expenses  of  the 
Charles  river  dam,  which  amount  to  $1)1,000  and  which 
were  previously  disbursed  under  a  separate  commission. 
On  the  surface,  therefore,  these  figures  show,  as  stated  by 
Mr.  Webster,  a  reduction  of  nearly  $80,000  this  year  in  the 
annual  expenses  of  the  parks  and  boulevards.  However, 
when  we  take  account  of  last  year's  extraordinary  expenses, 
such  as  the  cost  of  new  buildings  and  the  $59,000  cost  of 
repairing  the  damages  by  storm  at  Winthrop,  this  apparent 
saving  is  wiped  out.  In  fact,  the  requests  for  appropria- 
tions this  year  taken  item  by  item,  for  police,  labor,  wages, 
and  even  for  engineering  costs,  are  uniformly  higher  than 
last  year,  aside  from  the  added  expenses  of  the  Charles 
river  basin. 

In  my  judgment  the  metropolitan  parks  represent  a 
dangerously  heavy  outlay  of  money.  Almost  the  entire 
present  metropolitan  parks  property  was  acquired  prior 
to  1901,  but  du.ring  the  ten  years  since  then,  the  running 
expenses  have  piled  up  at  a  startling  rate.  The  same  is 
true  of  the  parkways  (to  maintain  which  an  additional 
annual  expense  of  $189,000  is  incurred).  These  are 
thirty-one  miles  in  total  length,  with  an  area  of  8G4  acres. 
These  are  mainly  boulevards  with  a  strip  of  parkway  on 
either  side.  Their  average  width  is  (from  figures  given) 
200  feet,  including  that  of  the  roadway.  To  maintain 
each  mile  of  such  parkways  costs,  per  annum  (on  the  aver- 
age of  this  year's  request  for  money),  over  $6,000.  For 
comparison  I  may  say  that  the  whole  cost  of  constructing 
the  state  highways  in  the  metropolitan  district  has  been 
but  $17,000  a  mile. 

I  believe  that  the  general  public  is  getting  very  little 
return  for  the  immense  and  increasing  outlay.  As  an  in- 
stance, the  yearly  costs  of  the  item  of  road  repairs  are  now 
over  five  times  (per  square  yard)  what  they  were  five  years 
ago.  This  increase  is  almost  wholly  due  to  high-speed 
automobiles  and  I  cannot  see  why  the  automobile  owners 
should  have  these  pleasure  roads  kept  up  for  their  use  at 
public  expense. 

For  example,  the  annual  costs  of  policing  these  public 
spaces  are  $173,700.  A  far  larger  police  force  is  required 
in  summer  than  in  winter,  largely  on  account  of  automo- 
bile travel.  Yet  the  force  is  kept  up  through  the  winter 
and  kept  partially  occupied  in  cheap,  manual  labor,  such 


1226  Special  Messages. 

as  cutting  wood,  notwithstanding  the  immense  sums  paid 
directly  for  labor. 

The  general  situation  may  be  summed  up  in  the  lan- 
guage of  Mr.  Webster's  report :  — 

"  The  regular  park  boulevard  has  been  converted  into 
an  aristocratic  highway  and  the  public  is  paying  the  bills." 

This  comment  is  all  the  more  striking  because  of  the 
notably  conservative  character  of  the  report. 

A  somewhat  parallel  situation  is  revealed  by  the  Charles 
river  basin,  now  maintained  under  the  metropolitan  park 
commission.  This  enclosed  water  park  was  built  by  the 
people  at  a  cost  of  over  $4,000,000 ;  it  is  supported  by  the 
people  for  public  use  at  an  estimated  cost,  this  year,  of 
over  $90,000 ;  yet  in  the  last  annual  report  of  the  chair- 
man of  the  metropolitan  park  commission  we  read  that 
the  commission  has  proceeded  slowly  in  popularizing  the 
basin  because  of  the  "  plainly  expressed  disinclination  of 
property  owners  in  the  neighborhood  of  the  basin  to  have 
its  present  clean-shaven,  formal  look,  and  the  uninterrupted 
vista  from  their  houses,  interfered  with." 

In  the  same  line  I  regret  the  necessity  of  reporting  that 
a  section  of  the  Blue  Hills  reservation,  along  its  southerly 
edge,  in  Canton  on  Turnpike  street,  is  not  marked  as  pub- 
lic land  but  is  permitted  to  appear  as  private  property, 
occupied  in  part  by  a  privately  maintained  polo  ground, 
hennery  and  piggery. 

I  earnestly  recommend  that  no  additional  purchases  of 
land  and  no  more  elaborate  engineering  improvements  on 
land  already  purchased  be  made,  until  the  present  pnblic 
investment  in  these  parks  is  made  more  serviceable  to  the 
public  itself;  and  until  the  annnal  costs  to  the  public  are 
reduced  by  increasing  the  license  fees  on  pleasure  automo- 
biles and  applying  these  funds  directly  to  the  up-keep  of 
these  parks  and  boulevards.  With  over  30,000  automo- 
biles now  owned  in  this  state,  a  very  moderately  increased 
tax  on  them  would  remove  this  present  excessive  burden 
of  up-keep  from  the  general  public,  and  the  very  nuxlerate 
remaining  public  expense  would  represent  only  a  fair  price 
for  the  use  the  people  make  of  these  public  lands. 

Mr.  Webster  recommends  certain  reductions  in  expenses, 
such  as  rednciug  th(>  police  appropriation  by  $10,000;  the 
lalx.r  item  by  $10,000  and  \ho  eost  of  lighting  by  $r.,000. 
T   lielieve   these    rcducl  ions   are   feasible   and    i-('(|uest   that 


Special  Messages.  1227 

they  be  made.  If  this  is  clone  as  a  start  I  feel  sure  that 
further  reductions  can  be  made  annually,  but  I  believe 
that  it  is  of  much  greater  importance  to  enact  a  law  which 
will  provide  for  collecting  larger  automobile  fees  and  thus 
put  the  heavy  costs  of  maintaining  the  parkways  directly 
on  those  who  use  them  most. 

The  pending  regular  appropriations  for  the  commission 
amount  to  $370,597.96  for  the  reservations;  $189,483  for 
the  parkways;  $26,500  for  the  ISTantasket  beach  reserva- 
tion; and  $6,512  for  the  Wellington  bridge.  Last  year 
the  appropriations  (excluding  cost  of  damage  by  storm  at 
Winthrop  and  other  special  costs)  were  $363,142.96, 
$174,507,  $24,300,  $6  512,  respectively,  or  a  total  of 
$24,631  less  than  the  present  requests.  I  approve  for  the 
current  year  only  these  same  amounts  of  last  year,  and 
also  approve  the  pending  request  for  the  Charles  river 
basin  of  $91,975,  representing  expenses  previously  borne 
by  a  separate  commission  which  is  now  discontinued. 

There  are  also  pending  special  appropriations  for  en- 
gineering work,  amounting  to  $60,000.  I  cannot  approve 
these  at  this  time  but  will  report  upon  them  in  connection 
with  other  engineering  work  now  under  investigation  in 
the  metropolitan  area. 

[To  the  honorable  senate  and  house  of  representatives,  June  6,  1911.] 

I  transmit  herewith  a  report  by  Mr.  H.  L.  Coe,  asso- 
ciated with  Mr.  C.  L.  Harpham,  on  the  utilization  of  floor 
space  in  the  state  house. 

Mr.  Coe  has  tabulated  the  present  offices  in  the  state 
house  and  shown  the  number  of  officials  and  clerks  occu- 
pying each  office,  omitting  all  reference  to  corridors,  public 
spaces,  and  legislative  halls  which  do  not  come  within  the 
scope  of  this  investigation. 

The  space  used  for  offices,  namely  76,000  square  feet, 
is  found  to  be  occupied  by  44  chiefs  or  officials  and  499 
clerks  or  subordinates.  On  the  average  each  official  has  at 
his  disposal  300  feet  of  floor  space  and  each  clerk  126  feet. 

In  order  to  arrive  at  a  reasonable  basis  for  comparison 
Mr.  Coe  has  also  measured  five  business  houses  in  Boston 
which  accommodate  in  all  1,000  clerks;  and  in  these  estab- 
lishments the  average  space  per  clerk,  including  desks, 
files,  and  general  equipment,  is  35  square  feet.  In  spite 
of  the  present  often-repeated  claim  that  the  state  house 


Special  Messages. 

is  crowded,  it  is  obvious  that  the  state  house  clerks  have 
on  the  average  between  three  and  four  times  as  much 
space  as  would  be  allowed  in  first  class  banks  and  business 
houses. 

If  the  present  space  in  the  state  house  were  redis- 
tributed, allowing  an  average  of  180  square  feet  per  of- 
ficial and  72  square  feet  per  clerk,  all  these  employees  of 
the  state  would  then  have  over  twice  as  much  as  they 
would  be  allowed  in  private  employment,  and  yet  there 
would  be  left  vacant  in  the  state  house  by  this  rearrange- 
ment, 32,000  square  feet  available  for  additional  help. 

The  significance  of  that  fact  is  shown  by  Mr.  Coe's 
statement  that  the  total  office  space  now  rented  by  the 
state  outside  of  the  state  house,  for  boards  and  commis- 
sions, is  less  than  the  amount  thus  saved.  Take  for  ex- 
ample the  private  office  of  the  sergeant-at-arms  with  496 
square  feet,  an  ante-room  of  240  square  feet,  and  an  adja- 
cent room  of  528  square  feet.  This  space  is  now  used 
by  the  sergeaut-at-arms.  his  cashier,  and  as  headquarters 
for  his  clerks  and  messengers.  The  private  office  of  the 
president  of  one  of  Boston's  largest  banks  has  only  225 
square  feet  which  is  less  than  the  sergeant-at-arms'  ante- 
room. 

I  direct  your  attention  also  to  the  preliminary  report 
which  has  just  been  rendered  to  the  legislature  by  the 
special  committee  which  I  appointed  under  legislative  au- 
thority and  consisting  of  Messrs.  Whitcomb,  Bowditch,  and 
Chapman.  These  gentlemen  have  submitted  to  you  a 
drawing  of  the  existing  condition  of  certain  offices  in  the 
state  house,  showing  filing  cabinets,  desks  and  other  of- 
fice furniture  in  more  or  less  confused  disorder,  and  have 
also  submitted  another  drawing  or  plan  showing  the  same 
offices  as  they  would  appear  if  re-arranged  in  accordance 
with  business  methods. 

From  these  comparative  plans  it  is  obvious  that  an  im- 
mense saving  of  space  is  feasible  merely  ]>y  the  simple 
business  expedient  of  systematizing  the  arrangement  of 
desks. 

Turning  next  to  committee  and  board  meeting  rooms. 
There  are  at  present  25,000  feet  of  such  rooms  in  the 
state  house  and  0,000  feet  outside.  This  si^ace  in  tlu> 
state  house  is  used  mainly  for  legislative  hearings  and 
siniibiv   i>nrposes.      There   are    2!)    coniinitfee,    board    and 


Speciaf.  Messacjes.  1229 

exaininalion  rooms  in  the  state  house  and  so  far  as  can 
be  ascertained  the  maximum  number  of  committee  rooms 
in  use  at  any  one  time  is  twenty.  Allowing  half  a  day 
for  each  such  meeting  (which  1  believe  is  excessive),  it 
would  be  possible  to  accommodate  about  4, GOO  committees 
during  the  active  period  of  the  legislative  session.  How- 
ever, we  can  find  records  of  only  1,18G  meetings,  which 
means  that  this  space  in  the  state  house  is  used  at  less 
than  one  quarter  of  its  full  efficiency. 

Notwithstanding  this,  the  state  is  paying  for  6,000  feet 
of  committee  rooms  outside  the  state  house.  Yet,  all  the 
committee  meetings  of  the  various  boards  and  commis- 
sions can  be  scheduled  to  occur  in  the  present  legislative 
committee  rooms  of  the  state  house,  during  such  time 
as  the  legislature  does  not  use  them,  which  is  as  stated, 
about  three  quarters  of  the  time. 

Necessarily  certain  departments  of  the  commonwealth 
would  have  to  exchange  their  accommodations,  each  taking 
another's  present  quarters.  Also  it  would  be  very  desir- 
able if  this  could  be  accomplished  with  the  cordial  co- 
operation of  the  various  public  servants  whose  convenience 
would  be  somewhat  interfered  with.  The  problem,  how- 
ever, is  not  one  for  them  to  solve.  The  public,  who  pay 
the  bills,  have  a  right  to  expect  the  efficient  use  of  the 
public  funds,  and  office  rent  is  just  as  much  a  fact  whether 
it  is  included  in  the  up-keep  of  the  state  house  or  paid 
out  to  the  owners  of  private  office  buildings. 

It  W'ill  not  do  to  say  that  this  re-arrangement  entails 
any  hardship  upon  the  employees  of  the  state  for  it  musli 
be  remembered  that  the  proposed  re-distribution  would  still 
provide  over  twice  the  space  for  each  individual  that  is 
furnished  in  first  class  business  practice  in  Boston, 

To  indicate  how  far  the  present  method  deviates  from 
good  business  management,  I  will  call  attention  only  to 
the  fact  that  the  legislature  has  given  6,500  square  feet 
of  well  lighted  floor  space,  on  the  northeast  end  of  the 
building,  for  the  use  of  book  stacks  and  files  in  the  library 
department,  notwdthstanding  that  it  is  the  most  desirable 
office  space  in  the  building. 

As  to  storage  spaces,  of  which  there  are  46,000  square 
feet,  in  the  state  house,  Mr.  Coe  finds  that  this  space 
is  not  well  utilized  but  I  think  I  have  summarized  the 
substance  of  his  report  sufficiently  for  your  information. 


Special  Messages. 

It  should  be  observed  that  there  is  enough  room  in  the 
state  house  for  years  to  come  to  accommodate  the  busi- 
ness of  the  commonwealth.  If  in  the  course  of  years  the 
offices  become  crowded,  further  relief  w'ould  be  afforded 
by  building  light,  iron  work  galleries  overhead  in  nearly 
all  the  rooms  and  using  these  for  the  storage  of  records 
and  files.  To  a  limited  extent  this  is  now  done  without 
in  any  way  interfering  with  the  effcient  use  of  the  offices 
and  with  a  distinct  gain  in  their  business-like  appearance. 
With  17  feet  of  overhead  room  it  is  obviously  possible  to 
provide  abundant  space  upon  such  galleries. 

As  regards  ventilation,  there  is  at  present  a  fair  equip- 
ment of  ventilating  apparatus  but  no  air  washers  have 
been  installed  on  the  main  inlets.  Hence  the  hot  air  ducts 
have  accumulated  soot  and  dust  which  is  blown  into  the 
rooms  and  occasions  discomfort.  It  would  not  be  expen- 
sive to  put  an  air-washing  device  in  the  present  ventilat- 
ing system  and  then  to  use  this  system  at  its  full  capacity. 
With  such  provision  the  state  house  could  return  to  the 
use  of  soft  coal  and  thus  effect  a  further  saving  of  thou- 
sands of  dollars  a  year.  I  am  of  the  opinion  that  the  im- 
provement of  the  ventilating  system  should  be  entrusted 
directly  to  competent  engineers  and  not  to  a  special  com- 
mission. 

[To  the  honorable  senate  and  house  of  representatives,  June  8,  1911.] 

Herewith  I  transmit  reports  by  Mr.  Clinton  H.  Scovell, 
on  the  work  of  the  state  forester  and  the  commissioners 
of  fisheries  and  game.  On  the  first  named  report  l^fr. 
E.  S.  Bryant,  consulting  forester,  has  served  with  Mr. 
Scovell. 

nSHEKIES  AND  GAME. 

The  fisheries  and  game  department  involves  an  annual 
expenditure  of  $02,000,  of  which  $17,000  is  spent  for  the 
enforcement  of  laws,  including  the  pay  of  fish  and  game 
wardens.  The  work  of  these  wardens  is  checked  by  weekly 
reports  which  appear  to  be  adequate.  I  criticise  the  pol- 
icy of  this  commission  in  raising  forest  seedlings  which 
are  to  be  set  out  to  develop  shelter  for  game  birds.  If 
this  work  is  of  any  value  it  would  seem  better  to  carry  it 
out  under  the  direction  of  the  state  forester. 

Mr.  Scovell  finds  no  reason  for  the  continuance  of  a 
three-headed   fisheries   nud    came   commission,    the   nature 


Special  Messages.  1231 

and  scope  of  the  work  being  such  that  it  would  be  well  ad- 
ministered by  one  competent  man.  I  concur  with  him  in 
recommendino-  the  re-organization  of  this  commission  and 
jilacing  it  under  the  direction  of  one  man.  The  ultimate 
consolidation  of  this  commission  with  the  state  forester's 
office  will  be  taken  up  herein. 

STATE    FORESTER. 

The  moth  work  of  the  state  forester  having  been  pre- 
viously reported  upon,  the  present  report  is  limited  to  dis- 
cussion, first,  of  general  forestry  work,  which  consists  in 
an  examination  of  wood  lands  and  vacant  land  regarding 
which  the  owners  desire  expert  forestry  advice;  second, 
fire  prevention ;  and,  third,  the  acquisition,  by  sale  or  gift 
to  the  state  of  parcels  of  land  which  the  state  retains  and 
improves  under  the  forester's  direction,  and  amounting 
thus  far  to  60  tracts. 

Mr.  Scovell  states  with  regret  that  only  in  the  case  of  one 
of  these  parcels  of  land  purchased  by  the  state  has  a  sat- 
isfactory map  been  made  out  and  that  the  records  of  work 
done  are  extremely  disappointing. 

In  other  words,  the  state  has  been  paying  out  money  to 
acquire  experience  in  regard  to  the  values  accruing  from 
the  reclaiming  and  reforestation  of  waste  or  badly  utilized 
land,  and  it  appears  impossible  to  say,  from  the  records 
filed,  to  what  degree  this  money  has  been  efficiently  ex- 
pended. 

In  the  state  nursery  for  trees  also,  there  are  no  satisfac- 
tory records  to  determine  what  kind  of  seedlings,  or  what 
method  of  culture,  is  most  practicable,  although  the  nur- 
sery work  as  a  whole  has  clearly  paid. 

As  regards  fire  protection,  it  is  to  be  regretted  that  in 
this  state  approximately  40,000  acres  of  woodland  are  ac- 
cidentally burned  over  each  year,  causing  a  loss  of  a  quar- 
ter of  a  million  dollars.  The  forester  is  keenly  alive  to 
this  situation  and  has  requested  authorization,  which  I 
believe  should  be  given  him,  to  exercise  a  more  rigid  con- 
trol over  the  causes  of  forest  fires. 

Mr.  Scovell  believes  that  by  this  means  the  state  could 
reduce  its  annual  loss  of  $250,000  through  forest  fires  to 
$100,000.  The  national  forester,  Mr.  Graves,  advises 
Mr.  Scovell  that  Massachusetts  appears  to  be  in  great  need 
of  such  system. 


Special.  Messages. 

At  present  the  state  employs  wardens  for  fish  and  game 
but  not  for  fire  prevention,  and  is  now  paying  out  annually 
nearly  $50,000  for  enforcing  fish  and  game  laws.  It  would 
seem  reasonable  to  ai)ply  some  of  this  money  to  the  more 
urgent  need  of  fire  warden  service.  Mr.  Scovell  discusses 
the  duties  of  both  sets  o'f  wardens,  and  although  it  is  de- 
batable whether  the  combined  duty  could  be  done  by  one 
set  of  men,  I  nevertheless  believe  that  it  will  be  feasible  to 
combine  all  this  work  (as  it  is  done  in  New  York  state) 
under  a  central  management  of  forestry,  fisheries  and 
game. 

TIMBER    VALUES. 

In  particular  I  ask  your  earnest  attention  to  Mr.  Sco- 
velFs  recommendations  in  regard  to  a  broader  scheme  of 
conserving  the  forest  values  of  this  commonwealth,  with  a 
substantial  financial  advantage  to  the  state.  If  in  connec- 
tion with  an  intelligent  system  of  fire  prevention,  the  state 
shall  embark  on  an  active  plan  of  planting  soft  woods  on 
waste  land,  we  will  quickly  raise  a  great  state  property  in 
standing  timber  from  which  ultimately  an  annual  profit  to 
the  state  of  not  less  than  $2,000,000  can  be  derived. 

If  the  towns  object  to  the  resulting  deprivation  of  in- 
come from  such  land  (now  worth  on  the  average  less  than 
$3  an  acre),  the  state  can  well  afford  to  pay  them,  out 
of  its  profits  on  the  timber,  a  full  equivalent  for  such 
taxation.  If  in  carrying  out  this  plan  the  legislature 
will  go  no  further  than  providing  a  means  to  prevent 
forest  fires,  a  substantial  gain  in  economy  will  result  at 
once. 

The  pending  appropriation  for  fisheries  and  game  is 
$73,285,  or  more  than  $11,000  above  the  cost  of  that 
department  in  1910.  I  approve  only  an  appropriation 
equal  to  last  year's  costs,  and  instead  of  spending  more 
money  I  recommend  placing  the  department  in  the  hands 
of  a  single  commissioner  or  manager,  with  obvious  econ- 
omy. 

The  pending  appropriation  for  the  state  forester,  aside 
from  the  $150,000  item  for  moth  work,  amounts  to  $30,- 
000.  Last  year  (aside  from  moth  work)  $27,000  was 
spent,  and  t  can  ajtprove  of  only  that  amount  for  the 
present  year  with,  however,  an  earnest  recommendation 
to  the  legislature  to  consider  mi^niis  of  effective  forest 
conservation  and  develojiment,  wliit-h  the  present  province 
of  the  state  forester  does  not  include. 


Special  Mkssagks.  1233 


(To  the  honorable  senate  and  house  of  representatives,  June  16,  1911.] 

I  transmit  herewith  a  report  upon  the  organization  and 
functions  of  the  state  board  of  health  of  Massachusetts. 
This  investigation  was  assigned  to  Dr.  Charles  V.  Chapin, 
superintendent  of  health  for  the  city  of  Providence. 

For  your  immediate  attention  I  commend  Dr.  Chapin's. 
comments   upon  the   control   of  the   Massachusetts   milk 
"business. 

At  present  our  farmers  are  subjected  to  the  excessive 
burden  of  many  different  lines  of  inspection.  They  have 
their  local  inspectors,  and  are  also  visited  by  the  employees 
of  the  state  cattle  bureau,  and  the  state  dairy  bureau. 
In  addition  to  this,  there  is  the  inspection  by  the  state 
board  of  health.  These  various  classes  of  inspection  are 
undoubtedly  most  irksome  to  the  farmer.  The  control 
of  the  milk  supply  is  primarily  a  sanitary  matter.  The 
principal  function  of  the  state  in  relation  to  milch  cattle 
is  to  see  that  human  beings  are  sufficiently  protected  from 
diseases  due  to  diseased  cows. 

Referring  to  the  inspection  of  milk  and  dairies.  Dr. 
Chapin  says:  "the  interests  of  the  producer  must  be 
guarded  as  well  as  those  of  the  consumer.  Rash  and  hasty 
legislation  and  to  an  equal  extent,  unreasonable  execution 
of  the  law  should  be  avoided."  He  says  that  the  board 
of  health  may  be  relied  on  to  protect  the  producer  and 
dealer  as  well  as  the  consumer. 

Our  present  system  of  inspection  is  too  scattered  and  is 
exercised  under  too  many  authorities  to  be  either  efficient 
as  a  state  expenditure  or  equitable  to  the  farmer.  For 
example,  the  dairy  bureau  is  asking  for  $10,300 ;  the 
cattle  bureau  for  $14,000 ;  and  the  agricultural  depart- 
ment asks  for  $100,000  additional  for  use  in  exterminating 
contagious  diseases  among  domestic  animals ;  all  of  which 
is  in  addition  to  the  inspecting  and  testing  service  of  the 
state  board  of  health. 

There  is  no  question  in  my  mind  that  if  all  these  ex- 
penditures, so  far  as  they  relate  to  the  milk  supply,  were 
concentrated  under  the  board  of  health,  the  milk  pro- 
ducers would  be  better  satisfied  and  whatever  inspection 
of  milk  and  dairies  is  required  by  the  state  could  be  more 
effectively  carried  out. 

I  recommend  legislation  to  free  the  milk  producer  from 
the  present  multitude  of  regulations  and  to  create  one  defi- 


1234  Special  Messages. 

nite  simple  line  of  state  control.  This  state  control  should 
not  interfere,  however,  further  than  is  necessary,  Avith  the 
local  regulations  of  the  farming  community  as  to  dairy 
conditions,  hut  should  indicate  the  lines  along  which  local 
communities  ought  to  proceed,  and  exercise  the  right  of  su- 
pervising and  directing  their  work. 

Dr.  Chapin  finds  the  existing  organization  and  efficiency 
of  the  board  of  health  commendable.     It  is  undoubtedly, 
doing  excellent  work  and  I  believe  its  organization  should 
be  strengthened. 

The  pending  estimates  for  the  state  board  of  health 
are  $15 5, TOO  —  slightly  less  than  last  year's  expenditures 
—  and  are  hereby  approved. 

In  connection  with  the  foregoing,  I  call  your  attention 
to  the  pending  appropriations  for  the  boards  of  registra- 
tion in  dentistry,  medicine,  pharmacy  and  veterinary 
medicine,  which  are  substantially  the  same  as  last  year  and 
are  apjn-oved  as  follows  :  — 

Board  of  registration  in  dentistry,  $3,900 ;  in  medi- 
cine, $0,450 ;  in  pharmacy,  $8,725 ;  and  in  veterinary 
medicine,  $1,350. 

I  have  conferred  on  these  subjects  with  Dr.  Chapin  and 
have  given  the  matter  considerable  attention,  without,  how- 
ever, the  formality  of  a  detailed  investigation  inasmuch  as 
the  appropriations  are  relatively  small. 

I  request  the  legislature,  ho^ve^'er,  to  consider  a  plan  of 
consolidating  these  four  boards  of  registration  into  one 
board.  Such  consolidation  would  probably  reduce  the 
clerical  and  incidental  expenses  and  if  you  find  such  con- 
solidation to  bo  feasible,  then  the  further  problem  of  unit- 
ing such  joint  board  with  the  board  of  health  could  be 
taken  up,  although  such  union  at  this  time  between  the 
various  registration  boards  and  the  board  of  health,  does 
not  ajipear  feasible. 

[To  the  honorable  senate  and  house  of  representatives,  June  19,  1911.] 

Herewith  I  return  without  my  approval,  a  ''  Jvcsolve 
to  ])rovide  for  the  construction  of  family  tenements  for 
cmplo^'ces  at  the  state  farm."  This  resolve  calls  for  the 
purchase  and  construction  of  not  less  than  fifty  family 
tenements  at  a  cost  not  to  exceed  $40,000. 

I  believe  it  is  an  unsound  policy  for  the  state  to  provide 
houses  for  the  employees  of  its  state  institutions,  except 


Special  Messages.  12o5 

in  tlic  case  of  superintendents,  and  such  officers  and  eni- 
])lojees  as  should  in  any  event  live  within  the  buildinii,s 
of  the  institution  itself. 

I  think  that  such  employees  as  may  properly  live  out- 
side of  the  regular  institutional  buildings,  should  be  en- 
couraged to  occupy  their  own  homes,  and  that  if  their 
salaries  are  inadequate  for  that  purpose,  such  salaries 
should  be  properly  adjusted. 

The  building  of  fifty  tenements  by  the  state,  at  or  near 
the  state  farm,  would  create  a  connnunity  in  itself,  which 
I  do  not  believe  is  a  wise  policy  irrespective  of  the  town 
in  which  the  institution  is  located. 

Moreover,  recent  investigations  have  indicated  that  the 
expenditures  for  building  operations  at  the  state  farm 
were  not  sufficiently  safeguarded  to  warrant  the  connnon- 
wealtli  in  incurring  any  expenditure  of  this  character  which 
can  be  avoided. 

[To  the  honorable  senate  and  house  of  representatives,  June  21,  1911.] 

I  transmit  herewith  a  report  upon  the  state  board  of 
charities  and  the  institutions  under  its  care,  by  Mr.  Joseph 
P.  Byers,  secretary  of  the  state  charities  aid  and  prison 
reform  association  of  New  Jersey,  and  Mr.  Frederick  H. 
Mills,  director  of  industries  in  the  penal  institutions  of 
liew  York  state. 

CARE  OF  CONSUMPTIVES. 

We  are  maintaining  in  this  state  four  state  sanatoria 
for  consumptives.  The  original  purpose  of  the  state  was 
to  take  charge  of  consumptives  only  when  in  the  early 
stages  of  the  disease,  at  which  point  a  cure  might  bo 
effected.  But  the  testimony  proves  that  these  institutions 
have  been  unable  to  attract  enough  incipient  cases  to  fill 
them.  Hence  they  have  been  opened  to  advanced  and 
incurable  cases  for  the  purpose  (according  to  the  testi- 
mony) of  reducing  the  per  capita  cost  of  maintenance. 

It  is  not  claimed  that  these  cases  are  suitable  for  sana- 
torium treatment.  On  the  contrary,  their  presence  re- 
duces the  chances  for  recovery  of  the  incipient  cases.  It  is 
evident  from  the  testimony  that  the  state  has  established 
no  policy,  no  rule  regarding  her  consumptives,  and  has 
largely  failed  of  the  original  plan  to  care  for  the  incipient 
cases. 


Special  Messages. 

On  this  point  Mr.  Lincoln,  chairman  of  the  state  board 
of  charity,  on  being-  asked  as  to  the  policy  of  the  state  as 
to  caring  for  consumptives  said:  "  I  do  not  think  we  have, 
as  a  state,  any  policy."  The  testimony  taken  in  the  in- 
stitutions confirms  this. 

At  the  Rutland  sanatorium  for  example  Dr.  Bartlett 
testifies  that  there  are  5G  incipient  cases  and  274  advanced 
and  moderately  advanced  cases ;  and  adds  that  the  purpose 
of  the  institution  has  never  been  wholly  fulfilled. 

Yet  in  spite  of  this  fact  these  sanatoria  are  being  ex- 
tended and  over  $40,000  is  now  wanted  for  miscellaneous 
extras  above  the  yearly  maintenance. 

No  one  claims  that  the  state  could  possibly  care  for  all 
the  advanced  cases  of  consumptives  in  any  event,  for  it 
is  well  known  that  a  very  large  percentage  of  the  entire 
population  dies  of  this  disease.  To  go  on  year  after  year 
taking  in  more  and  more  of  these  advanced  cases,  without 
considering  where  the  matter  is  going  to  end,  is  sheer  non- 
sense. 

I  mention  this  as  an  instance  of  the  state's  entire  lack 
of  forethought  and  comprehensive  planning  in  relation  to 
our  present  rate  of  increase  in  our  public  expenditures. 

CARE   OF    NEGLECTED    CHILDREN. 

The  state  now  spends  over  $500,000  in  the  care  of  neg- 
lected children ;  one  of  the  most  important  duties  of  the 
commonwealth.  The  investigators  have  very  carefully  re- 
viewed this  humane  work,  but  they  are  obliged  to  report 
that  the  present  policy  of  the  state  tends  to  encourage  the 
neglect  and  abandonment  of  children  by  their  parents,  and 
that  it  encourages  the  smaller  communities  to  work  oif  on 
the  state  a  burden  that  ought  to  be  borne  locall_y. 

The  present  system  of  boarding  out  4,500  children  by 
the  state,  with  only  60  adoptions  out  of  the  total,  tends 
also  to  commercialize  the  business  of  taking  care  of  these 
state  wards  for  pay.  Legislation  is  needed  at  once  to 
make  the  towns  and  cities  responsible  for  the  direct  care 
of  their  poor  to  a  larger  extent. 

To  show  the  present  tendency  it  should  be  noted  that  the 
testimony  taken  in  the  state  board  of  charity  shows  the 
annual  average  increase  in  the  number  of  children  cared 


Special  Messages. 

for  by  the  state  is  substantially  four  times  the  rate  of  in- 
crease of  population. 

Here  again  the  state  is  going  ahead  with  an  appall- 
ing increase  of  expenditure  without  stopping  to  consider 
whether  the  expenditures  are  really  helping  our  poor  peo- 
ple or  whether  the  present  policy  is  actually  spreading 
pauperism  like  an  infection. 

ADULT    POCK. 

Then  again,  we  spend  over  $330,000  a  year  in  helping 
the  adult  poor  and  here  again  public  money  is  being  poured 
out  without  any  business-like  and  adequate  safeguard. 
This  money  is  paid  out  to  local  overseers  of  the  poor  in 
repayment  of  sums  which  they  claim  to  have  spent,  but 
their  oath  is  not  taken  for  these  expenses  and  the  bills 
they  render  are  not  required  to  be  audited  either  by  the 
locality  where  they  w^ere  incurred  or  by  the  state  auditor 
before  the  board  of  charity  pays  them. 

If  the  testimony  were  not  definite  and  conclusive  on 
this  point  I  should  hesitate  to  mention  this  situation. 
Nevertheless,  the  facts  are  clearly  shown  in  the  testimony 
and  moreover,  there  is  reason  to  believe  from  the  testi- 
mony, that  local  politicians  have  been  able  to  influence 
the  distribution  of  state  charity,  through  their  local  over- 
seers, as  a  sort  of  political  patronage. 

The  legislature  should  demand  definite  proof  as  to 
w^here  this  money  has  gone  before  the  state  repays  it. 
This  is  necessary,  not  only  for  business  reasons,  but  for 
the  purpose  of  safeguarding  the  poor  who  are  entitled  to 
state  help. 

STATE  INFIEMAKY. 

Here  again,  although  this  is  a  splendidly  managed  insti- 
tution, the  lack  of  a  broad  state  policy  is  evident,  as  the 
infirmary  has  grown  to  include  an  almshouse,  a  general 
hospital,  an  insane  hospital,  a  consumptives'  hospital,  and 
a  children's  hospital  —  all  in  one  institution.  To  say 
nothing  of  the  policy  of  putting  all  these  classes  together, 
it  is  especially  bad  for  the  children  to  be  in  the  environ- 
ment not  only  of  the  almshouse  but  the  insane  asylum. 

I  request  the  legislature  to  consider  at  once  a  reorgani- 
zation of  our  state  institutions,  by  which  children  can  be 


1238  Special  Messages. 

provided  for  without  close  association  with  either  an  ahns- 
house  or  an  insane  asylum. 

WORK  OF  THE  STATE  BOAED  OF  CHAHITY. 

The  investigators  comment  that  the  state  board  spends 
$800,000  a  year  and  also  advises  and  supervises  these  ex- 
penditures :  Hence  there  is  no  adequate  check  on  these 
immense  sums.  The  board  is  practically  the  sole  judge 
of  its  own  work,  and  efficiency. 

After  a  consideration  of  this  testimony,  I  now  urge 
that  the  duties  of  the  board  of  charity  be  changed  so  that 
they  may  no  longer  advise  the  distribution  of  state  funds 
and  also  distribute  the  funds  themselves.  I  am  not  say- 
ing this  in  criticism  of  the  board,  but  of  the  policy  of  the 
state  which  permits  such  an  unbusiness-like  arrangement. 

The  investigators  think  that  all  responsibility  for  these 
public  expenditures  should  be  taken  from  the  board  of 
charity  and  that  they  should  remain  only  as  an  advisory 
body  over  all  the  private  and  public  charitable  institutions 
of  the  state.  We  should  then  create  a  definite  aud  separate 
business  management  for  each  of  the  different  departments 
of  the  present  board  and  combine  these  under  a  general 
business  manager. 

PRIVATE    CHARITIES. 

At  present  the  state  board  has  not  the  authority  to 
inspect  these  private  charities  and  some  of  these  are  sus- 
pected to  be  fraudulent.  It  is  gratifying  to  note  the  evi- 
dent faithfulness  of  the  officials  of  our  state  charities,  and 
this  makes  it  easier  to  suggest,  and  for  the  legislature 
to  enforce,  a  better  business  ]:)lan,  a  broader  and  better 
defined  policy,  and  a  reasonable  concern  for  the  future 
load  of  debt  which  the  lack  of  such  policy  will  eventually 
fasten  upon  the  commonwealth. 

I  cannot  approve  the  appropriation  for  the  board  of 
charity,  of  $893,181,  but  must  request  that  they  continue 
at  not  more  than  last  year's  rate  of  expenditure. 

The  report  is  accompanied  by  over  250  pages  of  type- 
written testimony,  taken  at  our  various  institutions  and  the 
board  of  charity,  copies  of  which  have  been  duly  tiled  with 
the  ways  and  means  connnittee  and  the  executive  council. 

For  the  state  infirmary  I  approve  the  pending  appro- 
priation of  $394,000 ;  and  also  for  the  Massachusetts  bos- 


Special  Messages.  1239 

pital  school,  the  regular  appropriation  of  $38,219.49. 
But  I  cannot  approve  the  special  appropriations  for  either 
institution,  namely,  $42,000  for  the  school  and  $57,200 
for  the  infirmary.  While  these  special  appropriations 
might  be  in  j^art  reqnisite  if  we  are  to  continue  nnder 
the  present  methods,  I  believe  these  methods  should  be 
greatly  improved  before  the  institutions  themselves  are 
enlarged. 

Supplementary  to  the  reports  named,  I  also  transmit 
a  report  on  the  infirmary  and  the  hospital  school,  of  Messrs. 
Harpham  and  Coe,  dealing  in  detail  with  the  current  and 
proposed  expenditures. 

[To  the  honorable  senate  and  house  of  representatives,  June  23,  1911.] 

In  my  former  message  on  the  service  in  the  state  house 
I  called  attention  to  the  extravagant  cost  of  heat,  light  and 
power  service. 

I  now  transmit  herewith  a  brief  report  by  Mr.  H.  L. 
Coe  calling  attention  to  the  fact  that  the  Edison  Electric 
Illuminating  Company  of  Boston  stands  ready  to  take  over 
the  complete  operation  of  the  present  plant,  at  the  state 
house,  to  supply  electric  power  and  light  and  all  the  steam 
heat  now  used  in  the  state  house  at  a  sum  $12,000  less  per 
annum  than  the  present  costs  of  $50,000  for  the  items 
specified,  by  the  Edison  company,  and  with  identical  ser- 
vice. 

Here  is  an  immediate  saving  of  one  quarter  of  those 
costs. 

Moreover  Mr.  Coe  states  that  the  Edison  company  will 
share  with  the  commonwealth  the  costs  of  a  detailed  inves- 
tigation to  determine  what  further  economies  they  can 
themselves  effect  beyond  the  sum  named. 

Here  then  is  the  proof  that  the  present  costs  can  be  re- 
duced greatly  at  once,  with  the  probability  that  a  still 
greater  reduction  could  be  made  after  that  company  took 
hold  of  the  proposition. 

If  a  private  company  can  effect  such  a  great  saving 
without  lowering  the  quality  of  the  service,  then  the  state 
ought  either  to  do  the  same  or  else  recognize  its  inability 
to  do  so  and  accept  the  Edison  company's  proposition. 

The  Edison  company's  letter  accompanies  Mr.  Coe's 
report. 


1240  Special  Messages. 

[To  the  honorable  senate  and  house  of  representatives,  June  23,  1911.] 

Herewith  I  transmit  a  report  by  Mr.  H.  L.  Coe  upon 
the  adjutant  general's  department. 

This  department  now  represents  a  yearly  outlay  of  over 
$300,000  aside  from  the  cost  of  new  armories. 

I  have  already  urged  a  curtailment  of  the  expense  of 
buildino-  new  armories,  and  also  that  a  more  adequate 
plan  of  compensation  for  the  militiamen  be  drawn  up 
by  the  legislature  in  anticipation  of  similar  action  by  the 
federal  government;  the  adjutant  general  concurring  in 
both  suggestions. 

I  have  now  to  consider  the  general  expenditures  of  the 
department.  These  represent  the  costs  of  military  trans- 
portation, rifle  practice,  allowances  for  uniforms  and  re- 
pairs, compensation  of  officers  and  men.  and  the  miscel- 
laneous contingent  and  incidental  expenses. 

Mr.  Coe  discusses  the  present  difficulty  of  satisfactorily 
analyzing  these  costs  and  calls  for  a  better  system  of  ac- 
counting. 

The  present  adjutant  general  on  assuming  office,  found 
it  impossible  to  get  from  the  accounts  of  the  department 
a  clear  record  of  each  division  of  the  expenses,  and  he 
has  been  most  anxious  to  have  a  business-like  system  of 
accounts  installed. 

For  example,  it  has  been  the  practice  in  past  years  to 
lump  the  various  items  of  the  appropriation  together  to  a 
certain  extent  into  what  are  called  "  company  funds  "  and 
to  leave  the  disbursement  of  these  to  the  captains  of  com- 
panies. 

From  Mr.  Coe's  analysis  of  the  facts,  I  believe  the 
state  auditor  should  be  required  to  draw  up  a  form  of 
accounts  for  the  military  department  and  co-operate  with 
the  adjutant  general  in  putting  the  finances  of  that  de- 
partment into  shape. 

By  that  means  the  actual  cost  of  each  of  the  state  mili- 
tary operations  can  be  known  and  economies  brought  about 
which  have  been  impossible  hitherto. 

As  an  instance  of  the  need  of  this,  I  may  say  that  at 
present  the  state  pays  rent  and  damages  to  property  for 
the  land  used  at  encampments.  A  proper  classification  nf 
expenses  would  indicate  the  amount  of  each  factor  in  the 
encampment  costs,  and  would  sliow  to  what  extent  the 
state  could  save  money  for  example  by  using  state  land 


SPECLA.L  Messages.  1241 

for  this  purpose.  Mr.  Coe  suggests  -using  the  reservations 
and  also  the  undeveloped  lands  at  the  industrial  school  for 
boys,  so  far  as  such  state  property  will  answer  for  the 
purpose. 

The  present  adjutant  general  has  taken  the  initiative  in 
asking  for  more  power  to  improve  his  department  and  I 
approve  the  pending  appropriation  of  $327,264  in  the  ex- 
pectation that  he  will  be  able  to  greatly  improve  and 
systematize  his  department  if  accorded  due  co-operation. 

Furthermore  it  appears  that  this  state  is  put  to  con- 
siderable expense  annually  by  reason  of  double  fines  ex- 
acted by  the  United  States  government  for  the  loss  of 
certain  articles  of  equipment.  In  order  to  avoid  these 
double  fines  the  adjutant  general  requests  the  appropria- 
tion of  $6,000  for  the  immediate  replacement  of  the  lost 
articles. 

House  Bill  No.  1729  now  pending  would  provide  for 
this  item. 

I  urge  you  to  provide  the  necessary  funds  for  this 
purpose. 

In  connection  with  the  foregoing,  I  hereby  approve  also 
the  surgeon  general's  appropriation  of  $6,700,  the  quarter- 
master's appropriation  of  $183,500,  and  other  miscel- 
laneous appropriations,  as  follows: 

$53,000  for  the  land  court, 

$5,380  for  the  commissioner  of  public  records, 

$15,480  for  the  commissioner  of  weights  and  measures, 
and 

$65,000  for  the  nautical  training  school. 

While  I  believe  it  would  be  desirable  to  report  in  de- 
tail upon  the  affairs  of  these  various  departments  of  the 
public  business,  nevertheless  the  necessity  of  avoiding  de- 
lay compels  me  to  submit  them  without  further  formality. 


[To  the  honorable  senate  and  house  of  representatives,  June  23,  1911.] 

I  transmit  herewith  a  report  signed  by  Mr.  C.  H.  Sco- 
vell,  on  the  commissions  relating  to  public  service  com- 
panies in  Massachusetts. 

This  report  relates  particularly  to  the  railroad  commis- 
sion, gas  and  electric  light  commission,  the  highway  com- 
mission (having  charge  of  telephone  and  telegraph  lines) 
and  refers  also  to  the  Boston  transit  commission.  Its 
purpose   is   to   point  out  whatever   improvement   appears 


124:2  Special  Messages. 

feasible  in  our  existing  method  of  controlling  the  several 
public  utility  corporations  for  the  benefit  of  the  public. 

The  report  indicates  that  our  present  state  regulation  of 
public  utilities  does  not  safeguard  the  jDublicj  that  the 
policy  of  the  state  is  narrow  and  short-sighted  in  regard 
to  such  control  and  that  a  remedy  may  be  found  either  in 
giving  each  commission  broader  power  and  making  them 
live  up  to  it,  or  by  combining  all  these  commissions  into  a 
single  public  service  commission  with  powers  broad  enough 
to  cover  the  whole  field  of  public  utilities. 

Such  joint  commission  may  consist  cither  of  experts, 
or  of  men  of  general  training.  In  the  latter  case,  expert 
assistance  can  be  retained  as  needed.  This  latter  method 
is  followed  in  I^ew  York. 

Our  present  commissions,  as  constituted,  are  a  compro- 
mise between  these  two  methods  and  appear  to  be  inade- 
.  quate.  For  example,  a  public  service  commission,  in 
order  to  pass  intelligently  uyxm  the  issuance  of  a  certifi- 
cate of  exigency,  should  either  possess  in  itself  or  retain,  a 
skilled  engineering  force  to  determine  all  the  facts  and 
give  these  full  publicity. 

Yet  the  present  imperfect  work  of  our  commissions 
leaves  the  public  unable  to  determine  even  the  faithful- 
ness of  its  public  servants. 

Then  again  in  ISTew  York  state,  the  state  commissioners 
watch  even  the  distribution  of  freight  cars,  and  see  that 
they  are  moved  promptly ;  they  prescribe  the  forms  of  rules 
for  public  service  companies  and  co-operate  with  the  rail- 
road association  in  making  better  rules  and  thus  prevent- 
ing accidents,  and  improving  the  quality  of  the  public 
service. 

In  this  state  the  transportation  companies  are  not  com- 
pelled even  to  file  copies  of  their  rules  with  our  commis- 
siouers.  T^o  steps  taken  here  have  secured  uniformity  of 
service,  whereas  in  New  York  the  commissioners  have 
made  regulations  governing  the  construction  and  filing  of 
tariffs  and  classifications. 

Then  again  commissions  ought  to  be  fidly  acquainted 
with  the  details  of  the  accounts  and  finances  of  all  cor- 
porations under  their  jurisdiction,  alth(~)Ugli  this  is  not  a1- 
wa^^s  done.  The  ])ublic  service  commission  in  New  York, 
which  has  established  a  department  of  statistics  fen*  such 
purpose,  says  that  its  work  would  be  worse  thau  useless, 


Special  Messages.  1243 

because  inadequate  and  misleading,  unless  performed  upon 
correct  principles  and  with  a  thorough  understanding  of 
the  economic  questions  involved. 

In  New  York,  public  service  corporations  are  com- 
pelled to  retain,  to  cover  depreciation,  a  sufficient  part  of 
their  earnings  to  keep  their  service  right  up  to  the  mark. 
This  has  not  been  required  in  Massachusetts,  so  that  some 
of  our  corporations  show  a  serious  lack  in  this  regard. 

The  proper  supervision  of  our  public  service  corpora- 
tions by  the  state,  to  ensure  a  satisfactory  service  for  the 
people,  has  now  become  in  this  state  a  necessity  which  we 
should  demand.  The  future  growth  and  welfare  of  the 
commonwealth  require  it. 

Turning  now  to  the  remedy,  Mr.  Scovell  notes  that  we 
have  now  fourteen  commissioners  supervising  the  public 
utilities  named,  drawing  an  aggregate  pay  of  $59,500  and 
all  having  large  and  costly  organizations  under  them. 

In  'New  York  all  this  work  is  done  under  a  single  com- 
mission of  five  men  for  the  metropolitan  district  and  a 
similar  commission  for  the  rest  of  the  state.  They  draw 
larger  pay  than  our  commissions  but  they  give  their  whole 
time  to  the  state  and  are  undoubtedly  the  best  men  who  can 
be  found  for  their  work. 

Hence  the  efficiency  of  this  public  service  is  unques- 
tionably greater  than  that  of  our  commissions. 

By  combining  our  commissions  into  a  single  board  we 
could  also  economize  on  the  clerical  costs,  as  much  of  this 
work  is  of  the  same  character  in  all  the  present  commis- 
sions. 

But  in  my  judgment,  the  greatest  gain  would  come  from 
the  resulting  increase  in  uniformity  of  control  over  our 
public  service  corporations.  With  such  a  board,  properly 
constituted  and  empowered,  we  would  get  better  service 
from  the  corporations,  far  better  value  for  the  public  ex- 
pense incurred  and  a  better  chance  of  properly  developing 
the  trade,  commerce  and  transportation  of  our  state. 

In  connection  with  this  report  I  approve  the  pending  ap- 
propriation of  $40,500  for  the  gas  and  electric  light  com- 
missioners, with  the  request  that  the  legislature  give  most 
careful  consideration  to  the  proposition  of  combining  this 
commission  with  the  other  state  commissions  relating  to 
public  service  corporations  into  one  board. 


1244  Special  Messages. 


[To  the  honorable  senate  and  house  of  representatives,  June  26,  1911.] 

I  transmit  herewith  reports  bj  Mr.  C.  H.  Scovell  upon 
the  state  board  of  education,  and  the  manag-emeut  of  the 
several  state  normal  schools. 

The  normal  schools  require  about  $400,000  a  year  and 
Mr.  Scovell  has  accordingly  taken  these  up  in  detail.  In 
addition  to  this  $400,000  expense,  the  receipts  from  the 
normal  school  dormitories,  amounting  to  over  $100,000 
annually  are  disbursed  in  connection  with  the  schools.  For 
this  total  of  half  a  million  dollars  there  appears  to  be  no 
satisfactory  audit,  either  from  the  state  auditor  or  the 
board  of  education.  This  is  particularly  true  of  the  dor- 
mitories, for  which  revenue  is  collected  and  expended  by 
the  principals  without  proper  supervision.  The  law  clearly 
states  that  the  dormitory  accounts  must  be  kept  under  the 
direction  of  the  state  auditor,  and  the  present  loose  method 
is  a  violation  of  that  law,  and  a  serious  reflection  upon  the 
auditing  system  of  the  state.  Mr.  Scovell  says  on  this 
point  that  there  is  as  a  rule  no  record  to  show  the  actual 
delivery  at  the  schools  of  the  supplies  paid  for,  and  that 
'"  this  deplorable  situation  would  not  be  tolerated  in  a 
business  house." 

Practically  the  entire  half  million  dollars  is  spent  by 
the  several  principals  of  the  schools,  who  are  not  properly 
qualified  by  training  to  manage  such  expenditures. 

For  example  there  is  no  general  system  of  buying  sup- 
plies by  competitive  bids. 

The  existing  method  whereby  the  principals  submit  re- 
ceipted bills  as  vouchers  is  of  no  business  value  whatever 
without  economical  purchasing. 

The  establishment  of  a  purchasing  department  for  the 
schools  and  in  fact  for  the  entire  educational  department 
of  the  state  appears  to  be  urgently  required. 

For  this  year's  regular  expenses  of  the  board  of  educa- 
tion with  the  several  normal  schools  and  other  educational 
institutions  and  factors  included  in  the  same  appropria- 
tion, the  sum  of  $770,004  is  asked  for.  Adding  to  this 
the  miscellaneous  pending  educational  appropriations  the 
total  outlay  of  the  state  for  educational  matters  (aside 
from  agricultural  items  and  the  various  industrial  and  re- 
formatory state  institutions),  is  approximately  one  million 
dollars. 


Special  Messages.  1245 

111  all  this  work  as  in  the  management  of  all  its  public 
institutions,  the  policy  of  the  state  should  be  to  see  that  the 
public  funds  are  spent  in  accord  with  a  sound  and  well- 
defined  policy,  and  that  the  expenses  are  safeguarded  by 
proper  business  and  accounting  methods.  True  economy 
ill  all  this  work  consists  in  spending  whatever  sums  are 
necessary,  but  with  every  possible  precaution  to  ensure  a 
full  return  to  the  commonwealth  of  every  dollar  spent. 
Educational  expenses  are  in  effect  an  investment  of  capital 
to  advance  the  real  interests  of  the  state.  Hence  our  first 
care  shall  be  to  see  that  the  investment  is  a  sound  one. 

Mr.  Scovell's  comments  upon  the  board  of  education 
are  made  in  full  appreciation  of  the  fact  that  it  was  re- 
organized in  1909  and  is  now  only  fairly  well  started  on 
it.s  general  program  of  new  work.  It  appears  undoubtedly 
that  the  present  board  is  doing  its  best  to  remedy  the 
objectionable  features  of  the  present  system.  This  is 
particularly  true  of  the  education  of  the  deaf  and  dumb, 
as  they  are  urging  upon  the  state  a  more  adequate  super- 
vision of  this  large  expenditure. 

The  next  most  pressing  necessity  for  improvement  ap- 
pears to  be  in  relation  to  the  item  of  $115,000  for  the  edu- 
cation of  the  deaf  and  dumb.  At  present  the  education  of 
such  children  is  given  over  to  certain  institutions  which 
render  tuition  bills  to  the  state,  although  the  state  has  no 
adequate  check  upon  the  quality  or  the  cost  of  such  tuition. 

These  points  bear  out  my  contention  that  all  such  ex- 
penses, incurred  by  the  state,  ought  to  be  safeguarded  in 
a  business-like  manner.  Without  such  safeguard  there  is 
no  guarantee  that  the  state  as  a  whole  is  getting  its  money's 
worth,  and  no  guarantee  that  the  individuals  to  whom 
the  state  extends  its  bounty  are  receiving  the  full  equiva- 
lent of  the  money  expended  by  the  state. 

As  a  means  of  increasing  the  revenues  of  the  educa- 
tional  department  Mr.  Scovell  suggests  that  normal  school 
students  from  other  states  be  required  to  pay  a  larger  tui- 
tion fee,  namely  $100  a  year.  It  seems  to  me  only  fair 
to  give  every  reasonable  advantage  to  Massachusetts  stu- 
dents and  I  recommend  the  foregoing  suggestion  to  your 
attention. 

I  approve  the  pending  appropriation  for  the  state  board 
of  education  and  sundry  educational  expenses,  for  the 
commission  for  the  blind  and  the  several  miscellaneous 


1246  Special  Messages. 

educational  items  not  thus  far  approved,  amounting  to 
$1)40,00-1,  together  with  the  $25,000  special  appropriation 
for  land  at  Fitchhurg,  but  earnestly  recommend  the  insti- 
tution of  the  business  safeguards  herein  enumerated. 

[To  the  honorable  senate  and  house  of  representatives,  June  27,  1911.] 

I  ask  for  a  better  management  of  the  finances  of  the 
commonwealth. 

The  daily  cash  balances  of  the  state  treasury  averaged 
last  year  nearly  $5,000,000.  These  funds  are  loaned  to 
banks  and  banking  houses  which  pay  the  state  only  from 
2%  to  21/2%  interest. 

We  should  abolish  the  existing  method.  The  state  treas- 
urer should  require  all  banks  which  solicit  the  state's 
funds,  to  bid  for  them.  lie  should  then  place  the  funds  on 
deposit  only  with  the  highest  acceptable  bidders. 

Bv  institutimr  this  method  the  treasurer  of  Ohio  has 
raised  the  average  interest  earned  by  state  funds  (both 
active  and  inactive)  to  3-^74oo%.  If  our  treasury  depart- 
ment would  do  as  well,  our  state  funds  would  earn  between 
$50,000  and  $70,000  more  per  annum  than  at  present. 

By  thus  renovating  the  state  treasurer's  department, 
only  in  this  single  item,  we  can  add  to  the  income  of  the 
state  annually  a  sum  more  than  sufficient  to  cover  the  en- 
tire costs  of  the  treasurer's  dei^artment. 

It  will  not  do  to  say  that  there  is  any  finfincial  hazard 
in  such  plan,  for  the  Ohio  law  requires  each  state  deposi- 
tory to  deliver  to  the  state  government  as  security,  an 
amount  of  federal  or  other  approved  bonds  equal  to  the 
amount  of  state  funds  deposited. 

We  can  have  in  this  state  the  same  security  and  as  high 
percentage  as  other  state  treasurers  are  able  to  get  if  we 
will  compel  this  step,  by  legislation  if  necessary. 

This  present  matter  is  merely  an  indication,  in  a  single 
detail,  of  the  great  economics  which  improved  business 
methods  would  secure  for  the  commonwealth. 

I  transmit  herewith  a  copy  of  the  Ohio  law. 

[To  the  honorable  senate  and  house  of  representatives,  June  27,  1911.] 

I  jiresent  herewith  a  rejiort  by  ^Fessrs.  ITarphnm  and 
Coc,  upon  the  state  board  of  insanity,  and  the  several  insti- 
tutions under  its  charge. 


Special  Messages.  1247 

There  are  approximately  15,000  people  in  institutions 
and  homes,  supervised  by  this  board.  While  the  whole 
number  of  inmates  increases  anuually  by  more  than  374: 
persons,  this  is  mainly  because  the  rate  of  discharge  from 
the  hospitals  has  fallen  steadily  in  comparison  with  the 
rate  of  admission.  The  average  annual  increase  in  the 
number  of  new  cases  is  only  66. 

The  total  regular  appropriations  upon  which  I  have  now 
to  pass,  exceed  two  and  a  half  million  dollars  per  annum. 
It  is  obvious  that  such  large  expenditures  should  have  the 
closest  control.  Yet  at  present  the  institutions  are  under 
separate  boards  of  trustees,  and  over  all  of  them  the  state 
board  has  merely  supervisory  powers. 

To  show  the  importance  of  establishing  a  closer  control, 
I  will  say  that  Ihe  total  capital  costs  of  these  institutions 
are  now  $14,000,000,  but  having  been  built  under  dif- 
ferent direction,  the  individual  costs  vary  enormously. 
For  example,  at  Worcester  the  capital  costs  are  $1560  per 
capita ;  at  Taunton,  $870 ;  at  Northampton,  $1070 ;  at 
Westborough,  $970;  at  Danvers,  $1280;  and  Boston, 
$1490. 

These  various  institutions  arc  all  comparable.  They 
afford  similar  facilities  and  local  conditions  do  not  vary 
sufficiently  to  account  for  these  wide  differences  in  costs. 

If  all  of  them  had  been  constructed  as  economically  as 
the  one  at  Taunton,  the  total  cost  of  these  properties  would 
have  been  $4,000,000  less.  If  all  had  required  the  same 
rate  of  expenditure  as  the  Boston  hospital,  the  cost  would 
have  been  $18,000,000.  There  is,  in  fact,  a  lack  of  any 
definite  central  system  governing  the  scale  of  expenditures. 

LAND    VALUES. 

I 

The  land  values  vary  extraordinarily.  The  asylums 
are  not  supposed  to  be  built  on  costly  city  land,  but  in 
quiet,  suburban  or  country  locations.  Yet  the  state  pays 
anywhere  from  $16  per  acre  to  over  $1800  per  acre.  The 
recent  enlargement  of  the  Boston  state  hospital,  on  230 
acres  of  high  priced  land,  has  required  $400,000  worth  of 
land.  Other  land,  reasonably  accessible,  could  no  doubt 
have  been  bought  for  far  less. 


1248      •  Spectal  Messagp:s. 


COST  OF  BUILDING. 

These  vary  per  inmate  from  $320  at  Taunton  and  $340 
at  Foxborongh  to  $560  at  Boston  and  $1000  at  Danvers. 

The  investigators  note  that  the  "  colony  "  class  of  build- 
ings is  by  far  the  cheapest,  and  that  the  construction  of 
colony  buildings  would  be  the  most  economical  plan  to 
follow,  until  all  the  patients  suited  to  this  treatment  were 
so  housed. 


MAINTENANCE  EXPENDITURES  PER  PATIENT  PER  YEAR. 

Worcester,  Taunton,  Westborough,  Danvers,  Boston  and 
^Northampton,  all  care  for  fairly  similar  classes  of  insane 
patients  and  under  reasonably  similar  modes  of  treatment. 
They  might,  therefore,  be  expected  to  show  fairly  equal  per 
capita  expenditures. 

Nevertheless,  these  costs  vary  enormously.  At  Worces- 
ter they  are  $218  and  $223;' at  Westborough  $260;  at 
Northampton  $202  ;  while  at  Medfield  these  costs  fall  to 
$191. 

The  investigators  are  unable  to  find  anything  approach- 
ing a  standard  rate  of  expenditure. 

GENERAL    ADMINISTRATION. 

These  charges  at  Worcester  are  $19.70  per  patient  per 
year.  At  Foxborongh  they  are  $44.30.  These  figures  do 
J  lot  include  actual  attendance  in  the  wards  and  medical 
service,  which  might  reasonably  vary.  Similar  variations 
occur  all  over  the  series  of  institutions  without  any  valid 
excuse. 

COST    OF   FOOD,   LIGHT,    HEAT   AND   POWER. 

The  item  of  food  varies  per  patient  per  year  from  $58 
at  Gardner  to  $81  at  Northampton  (including  at  a  fair 
^•aluation  all  locally  produced  food).  If  one  rate  is  cor- 
rect, the  other  must  be  wrong.  The  total  cost  of  food  in 
all  these  institutions  is  $700,000  a  year.  And  on  one 
of  the  foregoing  scales  the  annual  costs  of  food  would  be 
a  quarter  of  a  million  dollars  less  tluni  under  the  other. 
The  establishment  of  a  systematic  and  specific  handling  of 
expenditures  would  adjust  these  matters. 


Special  Messages.  1249 

Similarly,  heat,  light  and  power  cost  $25  per  capita  at 
Westboroiigh,  and  but  $15  at  ]S[orthani])ton.  The  total  cost 
of  these  items  is  enormous  and  should  be  standardized. 

We  must  examine  with  extreme  care  all  of  these  expen- 
ditures because  of  the  great  importance  of  the  work  done, 
and  the  necessity  of  safeguarding  the  wards  of  the  state 
from  any  possible  hardship  due  to  wrong  methods. 

Nevertheless,  the  welfare  of  the  patients  themselves  de- 
mands the  establishment  of  a  central  control  which  shall 
do  away  with  these  enormous  variations  in  expenditure. 

SPECIAL  APPROPEIATIONS. 

There  are  now  pending  special  appropriations  exceed- 
ing three  quarters  of  a  million  dollars  for  the  extension 
of  these  institutions.  Yet  a  great  economy  can  be  reached 
in  practice  by  re-arranging  the  present  buildings.  More- 
over, nearly  one  half  of  the  insane  can  be  provided  for  in 
one-story  wooden  cottages,  with  a  decided  advantage  to 
the  patients.  Hence,  the  expense  of  all  the  institutions 
should  be  worked  out  in  line  with  a  central  policy,  without 
leaving  too  much  initiative  to  the  trustees  of  the  individ- 
ual institutions,  who  do  not  get  a  broad  outlook  over  the 
entire  problem. 

Objection  has  been  raised  to  these  cottage  buildings  on 
the  claim  that  they  are  not  permanent;  but  actual  demon- 
stration would  seem  to  dispose  of  this  theory.  Moreover, 
the  state  has  authorized,  during  the  past  year,  additional 
buildings  for  nearly  1000  more-  inmates.  If  crowded  con- 
ditions have  existed,  these  buildings  (now  in  process) 
ought  to  provide  for  at  least  one  year,  or  perhaps  two 
years  of  increase.  Bearing  these  points  in  mind,  we  will 
proceed  to  discuss  the  special  appropriations. 

SPECIAL. 

Foxborough  state  hospital  requests  $100,000  as  a  spe- 
cial appropriation,  but  the  investigators  find  that  this  re- 
quest is  not  planned  on  an  economical  basis.  For  instance, 
the  "  colony  method  "  of  housing  patients  is  known  to  be 
the  most  economical.  Yet,  at  Foxborough,  a  colony  cottage 
is  asked  for,  which  will  cost  over  $500  per  patient;  an 
utterly  extravagant  cost  when  compared  with  the  per  cap- 
ita costs  of  similar  buildings  at  the  other  institutions. 


1250  Special  Messages. 

Added  to  this  request  is  an  item  of  $17,000  to  maintain 
two  re-modellcd  farm  buildings,  with  o2  patients  for  six 
months  of  the  present  year,  and  to  furnish  certain  sup- 
plies. Even  omitting  the  $2500  automobile  and  other 
easily  preventable  capital  expenses,  this  request  represents 
a  cost  of  $G00  per  capita  per  year  to  maintain  each  of  these 
32  able-bodied  inebriates  on  a  farm. 

I  cannot  approve  this  $100,000  special  expense  for  Fox- 
borough.  It  api)ears  absolutely  unreasonable,  and  even 
the  ordinary  running  expenses  of  the  institution  are  so 
high  that  I  desire  to  see  the  institution  entirely  reorgan- 
ized and  put  upon  a  sound  footing. 

Boston  state  hospital  wants  $106,875.  $22,000  of  this 
is  for  a  nurses'  home  to  provide  for  33  nurses  needed  in 
connection  with  the  new  male  infirmary.  The  per  capita 
cost  of  this  building  would  be  $GG8.  At  Wrentham  an 
employees'  building  has  been  built  at  practically  one  half 
this  per  capita  cost.  I  cannot  approve  this  item.  A 
cheaper  style  of  construction  would  be  equally  serviceable. 

A  central  service  building,  to  cost  approximately  $37,- 
750,  is  wanted  with  other  factors  of  a  "  farm  group," 
making  a  total  of  $83,000. 

Mr.  Harj)ham's  detailed  discussion  of  the  plans  con- 
vinces me  that  the  whole  scheme  is  an  extravagant  one. 
Tor  example,  although  the  institution  now  has  two  central 
heating  power  plants,  $10,500  is  wanted  for  a  third  boiler 
plant  for  this  "  farm  group."  There  is  no  good  reason 
for  putting  in  a  high  priced,  high  pressure  boiler  plant 
merely  to  heat  these  buildings.  A  low  pressure  heater  at 
a  small  fraction  of  this  cost  would  do  the  work. 

$42,000  is  wanted  for  a  "  service  building"  for  storage 
and  refrigeration.  Yet  by  remodelling  the  practically  un- 
used basement  of  the  present  buildings,  the  investigators 
state  that  a  large  excess  of  such  storing  space  can  be  pro- 
vided above  the  present  need. 

An  expensive  ice  machine,  to  avoid  the  present  labor  of 
cutting  ice,  is  equally  unnecessary.  Again,  extensive  cold 
storage  of  food  is  not  desirable  in  an  institution  so  near 
the  Boston  markets.  I  cannot  a])provc  any  detail  of  this 
special  ap]")ropriation  of  $1()(),875, 

Less  costly  dormitories  undoubtedly  should  be  provided 
for  and  built. 

For  reserve  power  a  single  now  dynamo  might  be  in- 
stituted or  a  contract  made  with  the  electric  light  company 


Special  Messages.  1251 

for  power  to  use  in  an  emergency  if  needed.  The  re- 
maining items  are,  in  my  judgment,  unwarranted. 

Monson  state  hospital  calls  for  $43,000  for  a  refrigerat- 
ing plant  and  machine  shop,  a  dining  room  and  new  laun- 
dry facilities.  I  cannot  approve  any  of  these  as  they  stand. 
But  I  call  your  attention  to  the  investigators'  recommenda- 
tions. They  suggest  making  increased  facilities  by  utiliz- 
ing a  basement,  which  has  been  finished  but  never  put  in 
use.  They  also  suggest  partitioning  the  present  dining 
room  to  provide  privacy  for  attendants  if  that  is  desirable, 
instead  of  erecting  new  dining  quarters  at  a  cost  of  $25,000. 
The  entire  estimate  requires  intelligent  revision. 

I  cannot  approve  the  JSTorthampton  state  hospital's  re- 
quest for  $46,925  for  a  bakery  and  laundry.  The  investi- 
gators believe  that  a  simple  re-arrangement  of  the  present 
quarters  will  provide  the  necessary  room  and  leave  only 
the  new  machinery  to  be  purchased. 

I  cannot  approve  the  total  of  the  Worcester  state  asylum's 
request  for  $90,800.  Instead  of  a  new  nurses'  home  to  cost 
$29,000  the  investigators  think  there  is  enough  unused 
space  available  for  present  needs. 

The  proposed  new  buildings  for  patients  are  considered 
unnecessarily  costly  per  capita  and  the  plans  should  be 
revised  and  then  re-submitted. 

Similar  criticism  holds  of  the  proposed  elaborate  $17,- 

000  storage  house.  Here  also  a  high  priced,  high  pressure 
boiler  is  wanted  for  heating  only,  whereas  a  cheaper  one, 
as  commonly  used  for  house  heating,  should  be  provided. 

1  believe  the  $2400  requested  for  hydro  therapeutic  treat- 
ment to  be  in  line  with  modern  methods  and  approve  it. 

Worcester  state  hospital  requests  $116,200  for  new 
buildings,  alterations  and  elevators  and  98  acres  of  addi- 
tional land.  The  cost  of  the  property  per  capita  here  is 
already  much  in  excess  of  the  other  institutions.  In  fact, 
it  is  higher  even  than  at  the  Boston  state  hospital,  being 
over  $1500  per  patient  in  spite  of  which  the  institution 
has  been  reported  to  be  crowded.  Yet  the  investigators 
believe  that  instead  of  being  crowded  these  buildings  would 
now  accommodate,  without  enlargement,  a  great  many  more 
patients  if  some  of  the  present  rooms  were  thrown  together 
as  small  wards. 

Enlarged  dining  room  space  can  be  found  in  the  light, 
thoroughly  serviceable  basement.  The  cost  of  raising  the 
roof  of  the  Salisbury  ward,  as  requested,  to  make  more 


1252  Special  Messages. 

room,  is  in  accord  with  the  investigators'  suggestions  and 
is  approved. 

One  of  the  two  requested  elevators  is  allowed. 

I  cannot  approve  of  buying  98  acres  of  adjacent  land  at 
a  cost  of  $18,000  when  the  institution  already  has  a  spa- 
cious park  of  many  acres  which  the  patients  do  not  freely 
use.  But  if  it  is  necessary  to  forestall  private  building 
operations  close  to  the  outer  wings  of  the  institution,  I  sug- 
gest that  the  state  take  just  enough  land  for  that  purpose. 

Westborough  state  hospital  requests  $28,480  for  alter- 
ing buildings,  for  new  land  and  for  sewage  beds.  The 
buildings  undoubtedly  need  complete  renovation  and  the 
appropriation  as  a  whole  appears  sound.  It  contains  no 
extravagant  demands,  and  is  apjiroved. 

The  Massachusetts  School  for  Feeble-Minded  requests 
$G  1,688  for  new  buildings  for  nurses  and  patients.  The 
nurses'  building  would  cost  $873  per  person,  and  the  build- 
ing for  patients  $088  per  person.  At  the  Wrentham  state 
school  a  more  economical  scale  of  buildings  has  been  fol- 
lowed, and  if  the  trustees  of  the  Massachusetts  school  can- 
not do  as  well,  T  recommend  that  the  school  be  enlarged 
no  further,  and  all  necessary  additions  made  at  Wrentham. 
The  appropriation  is  not  approved. 

Gardner  state  colony  requests  $21,400  for  new  buildings, 
equipment  and  water  supply.  The  principal  new  building 
is  to  cost  less  than  $300  per  capita,  and  the  remaining 
items  are  moderate.    I  therefore  approve  them  all. 

There  is  an  item  of  $250,000  recently  approved  by  the 
legislature  for  the  payment  of  land  already  taken  at  the 
Boston  state  hospital.  I  deplore  the  fact  that  this  great 
institution  was  located  in  such  high  priced  land,  —  and 
particularly  regret  that  an  opportunity  was  left  for  a  rise 
in  the  value  of  the  land,  after  the  hospital  had  started,  and 
the  necessity  of  purchasing  such  land  by  the  state  had 
become  apparent.  The  objection  to  this  procedure  needs 
no  explanation. 

For  a  similar  reason  I  condemn  the  present  practice  of 
enlarging  any  institution  piece-meal.  For  example,  this 
year  the  Worcester  state  asylum  wants  a  $17,000  store- 
house, and  on  the  face  of  the  request  that  sum  would  ap- 
pear as  the  total  cost.  l')Ut  the  fact  is  that  that  sum  is 
for  the  building  itself.  Next  year  the  institution  would 
undoubtedly  demand  a  further  sum  to  fit  the  building  up 


Special  Messages. 


1253 


—  backing  up  its  claim  by  saying  that  the  building  was 
now  finished  but  useless  unless  equipped.  This  policy, 
which  is  marked  throughout  all  our  public  works,  is  very 
misleading  and  should  be  done  away  with. 

In  all  these  costs,  a  frank  statement  should  be  made  of 
the  total  cost  involved.  This  applies  not  only  to  asylums 
but  to  parks,  reservations,  engineering  works  and  to  all 
public  expenses. 

The  Wrcntham  state  school  requests  $1^2,100  mainly 
for  new  buildings;  and,  if  an  extension  of  the  children's 
institutions  is  needed,  here  is  the  logical  place  for  them 
provided,  the  school  proceeds  as  it  began.  Yet  the  re- 
quested buildings  would  cost  more  per  capita  than  the 
present  bviildings  and  I  cannot  see  any  justification  for 
such  increase.  If  more  buildings  are  needed  a  new  set  of 
plans  should  be  drawn  up  on  a  lower  scale  of  cost. 

As  to  the  $13,000  wanted  for  a  sewer  line,  Mr.  Coe,  the 
engineer  assigned  to  this  work,  states  that  this  would  be  a 
glaring  example  of  extravagance  considering  that  a  simi- 
lar piece  of  work  was  executed  at  the  hospital  school  for 
less  than  $1000,  including  filtration  beds  and  providing 
for  30,000  gallons  a  day.     I  cannot  approve  this  item. 

Passing  now  to  the  regular  appropriations,  these  are  as 
follows : 


Board  of  insanity,     . 
Worcester  stfite  hospital,  . 
Wrenthnm  state  school, 
Worcester  state  asylum,     . 
Westborough  state  hospital, 
Taunton  state  hospital, 
Northampton  state  hosjiital, 
Monson  state  hospital, 
Medfield  state  asylum, 
Massachusetts  School  for  the  Feeble 
Gardner  state  colony, 
Foxborough  state  hospital, 
Danvers  state  hos])ital, 
Boston  state  hospital, 


In  approving  these  expenditures  I  nevertheless  urge  that 
all  be  ])rou2;ht  at  once  to  a  uniform  level  of  business  econ- 
omy.  To  this  end,  I  recommend  that  the  authority  of  the 
state  board  of  insanity  be  so  strengthened  as  to  make  it 


•        •        •        < 

$114,500  00 

•        •        •        1 

229,512  81 

*        •        •        < 

68,577  62 

•        •        •        « 

248,792  15 

•        •        • 

.   210,740  06 

•        •        •        « 

197,419  76 

•        •        •        • 

128,010  81 

. 

174.478  80 

•        •        • 

.   329,412  32 

-Minded,  . 

259,351  85 

•       •        •       • 

123,387  36 

. 

.   86,679  25 

•       •       • 

293,983  10 

. 

193,882  97 

$2,659,328  86 

1254  Special  Messages. 

directly  responsible  for  the  immense  expenditures  incurred 
in  these  institutions. 

In  general,  so  far  as  appropriations  for  new  buildings 
are  concerned,  I  feel  that  we  ought  to  rest  a  year,  or  until 
the  new  buildings  already  under  construction  arc  com- 
pleted and  put  into  service. 

[To  the  honorable  senate  and  house  of  representatives,  June  29,  1911.] 

The  Honorable  Henry  E.  Turner,  auditor  of  the  com- 
monwealth, died  at  his  home  in  Maiden  on  this,  the  twenty- 
ninth  day  of  June,  shortly  after  midnight. 

It  is  with  deep  regret  that  I  make  this  official  announce- 
ment to  your  honorable  bodies. 

Of  Massachusetts  birth  and  from  old  Massachusetts 
stock,  his  life  was  spent  within  the  commonwealth.  He 
rendered  efficient  service  in  the  lee;islature  of  this  state 
and  was  elected  auditor  in  1900,  holding  this  honorable 
position  until  his  death. 

In  his  service  as  auditor  of  the  commonwealth  he  brought 
to  the  department  the  training  of  a  skilled  accountant,  and 
placed  it  uj^on  a  high  plane.  His  devotion  to  the  duties  of 
the  office  never  lagged ;  and,  while  he  was  in  ill  health 
during  the  latter  years  of  his  encumbency  of  office,  yet  to 
the  utmost  of  his  ability  he  served  the  commonwealth 
faithfully  and  v;ell. 

By  his  death  Massachusetts  has  lost  a  valuable  servant 
and  one  who  stayed  at  his  post  as  long  as  his  strength  per- 
mitted, 

I  have  directed  that  the  national  and  state  flags  be  low- 
ered to  half  staff  on  all  buildings  of  the  commonwealth 
from  now  until  after  the  funeral  as  a  token  of  respect. 
Your  honorable  bodies  will  doubtless  take  such  action  as 
may  to  you  seem  fitting  as  to  the  best  method  of  showing 
respect  to  his  memory. 

(To  the  honorable  senate  and  house  of  representatives,  June  29,  1911.] 

I  transmit  herewith  a  report  on  the  general  subject  of 
the  engineering  expenses  of  the  commonwealth,  by  Mr. 
Tv.  A,  Qnimby,  civil  engineer,  of  Boston,  formerly  chief 
engineer  of  street  and  sewer  departments,  and  executive 
engineer  of  the  board  of  survey  of  that  city,  and  now  in 
private  engineering  practice. 


Special  Messages.  1255 

It  appears  that  tliis  state  has  sj^ent  during  the  past  ten 
years  over  $3,900,000  for  the  pay  of  engineers  and  for 
services  and  minor  exjienses  incidental  thereto. 

I  believe  that  few  people  realize  that  such  vast  sums    . 
have  been  paid  out  in  "  overhead  "  charges.     In  fact  the 
figures  cannot  be  found  except  upon  careful  search.     The 
printed  reports  do  not  set  them  forth  in  full.    A  large  part 
of  the  money  appears  as  extras  of  various  sorts. 

These  total  expenditures  of  nearly  $4,000,000  have  been 
spread  out  over  many  different  commissions,  some  of  them 
doing  similar  work,  but  each  under  a  costly  engineering 
staff,  and  a  full  return  to  the  state  cannot  now  be  found 
for  these  outlays. 

For  example,  sea  walls,  dams,  etc.,  are  built,  not  eco- 
nomically under  a  central  engineering  staff,  but  by  sepa- 
rate staffs  of  high-priced  men  under  the  park  commission 
and  the  harbor  and  land  commission. 

Some  of  the  work  of  dredging  streams  for  health  protec- 
tion is  done  under  the  engineers  of  the  park  commission, 
and  some  of  it  by  engineers  employed  by  the  board  of 
health. 

The  care  and  planting  of  trees  is  entrusted  not  alone 
to  the  forester's  office,  but  to  the  park  commission,  the 
highway  commission  and  the  water  and  sewerage  board. 
The  latter  in  fact  maintains  two  nurseries  of  its  own. 

The  principal  point  to  note  is  that  the  state  has  kept  up 
for  years  an  intricate  system  of  excessive  and  duplicated 
salary  expenses  which  would  not  be  tolerated  for  a  minute 
in  a  wcU-managed  business  concern. 

Mr.  Quimby  gives  these  engineering  salaries  and  ex- 
penses in  detail.    In  round  nimibers  they  are  as  follows : 


Charles  River  basin  commission, 

Railroad  commission, 

Attorney-general's   department, 

Board  of  health, 

Water  and  sewerage  board, 

Park  commission, 

Highway  commission, 

Harbor  and  land  commission,     , 


$504,000  00 

43,000  00 

6.000  00 

199,000  00 

1,789,000  00 

335,000  00 

743,000  00 

305,000  00 


To  show  the  viciousness  of  this  state  policy,  I  need  only 
note  that  the  great  mass  of  engineering  construction  work 
was  finished  years  ago,  and  the  engineering  costs  ought 


125G  Special  Messages. 

now  to  have  fallen  off  to  a  minimum.  Xevertheless,  last 
year's  engineering  salaries  and  assistance  and  incidentals 
cost  $372,884,  which  is  practically  as  high  as  the  average 
of  the  entire  ten  years'  period. 

These  expenses  have  been  kept  np  withont  any  sort  of 
justification  and  they  will  continue  without  reduction  until 
the  legislature  places  these  public  expenses  upon  a  reason- 
able business  footing. 

The  responsibility  for  these  outlays  is  upon  the  state, 
not  upon  the  boards  and  commissions,  all  of  whom  are 
merely  spending  the  sums  voted  to  them. 

With  Mr.  Quimby's  report  I  also  submit  parallel  re- 
ports by  Mr.  Clinton  H.  Scovell,  certified  accountant, 
tabulating  the  expenses  of  the  harbor  and  land  commis- 
sion, the  metropolitan  water  and  sewerage  board  and  the 
metropolitan  park  commission;  and  giving  a  careful  ac- 
count of  these. 

Mr.  Scovell  notes,  for  example,  that  the  principal  work 
of  the  water  and  sewerage  department  is  pumping,  and 
that  it  would  seem  as  if  one  central  engineering  force 
might  direct  all  this  work.  Xevertheless  the  water  works 
have  a  costly  engineering  organization  separate  from  that 
of  the  sewerage  works,  and  there  appears  to  be  no  co- 
operation or  interchange  between  the  two.  Even  the 
relief  or  emergency  men  are  not  hired  for  joint  service  on 
the  two  lines  of  work. 

His  comment  is  that  the  total  staff  is  too  large.  In  fact 
the  whole  policy  of  the  state  tends  to  keep  on  the  pay  roll 
many  high-salaried  groups  of  public  servants  long  after 
the  purjmse  for  which  they  were  originally  appointed  has 
been  ful tilled. 

I  draw  your  attention  to  Mr.  ScovelFs  fnrthor  comments 
on  the  absence  of  genuine  competitive  bidding  for  state 
work  and  supplies. 

Especially  of  the  water  and  sewerage  board  for  exam- 
ple he  says  "  in  fact  it  apptnirs  to  be  the  present  practice 

of  the  board  to  invite  bids  from  selected  firms  only 

This  practice  of  restricted  competition  is  open  to  obvious 
objections."  Among  these  obvious  objections  I  believe  that 
political  favoritism  is  by  far  the  worst  and  most  costly 
factor. 

Pending  appropriations,  covered  by  these  reports,  upon 
which  I  have  still  to  act,  are  as  follows: 


Special  Messages.  1257 


METROPOLITAN   WATER  AND   SEWERAGE  BOARD. 

North  metropolitan  sewerage  system,        .         .         .    $152,800  00 

South  metropolitan  sewerage  system,        .        .         .      101,800  00 

Metropolitan  water  works, 419,800  00 


Harbor  and  land  commission, $151,950  00 

As  the  appropriations  vary  but  sliohtly  from  last  year's 
I  approve  them,  but  with  the  emphatic  suggestion  that 
the  engineering  expenses  of  the  commonwealth  require 
immediate  reduction  through  an  intelligent  reorganization 
and  re-grouping  of  the  work  on  business-like  lines. 

[To  the  honorable  senate  and  house  of  representatives,  July  5,  1911.] 

I  transmit  herewith  a  report  upon  the  board  of  prison 
commissioners  and  the  penal  institutions  of  the  common- 
wealth, by  Mr.  Frederick  II.  Mills,  director  of  prison 
industries  in  New  York  state,  and  Mr.  Joseph  P.  Byers, 
secretary  of  the  state  charities  association  of  New  Jersey; 
both  of  whom  were  recommended  to  me  for  this  work  by 
commissioner  Pettigrove,  of  the  board  of  prison  commis- 
sioners. 

PRISON    INDUSTRIES    AND    PEISON    CONTRACT    LABOR. 

The  report  and  the  testimony  which  accompanies  it 
prove  that  in  our  present  prison  system,  goods  arc  being 
manufactured  by  prison  labor  and  sold  to  the  trade  for 
public  consumption  in  competition  with  the  products  of 
free  labor. 

Moreover,  we  have  now  in  operation  practically  the 
old  discredited  prison-contract  system.  For  example,  in 
the  shoe  department  of  the  men's  reformatory  an  agent 
purchases  the  raw  materials,  utilizes  prison  labor  and 
ships  the  finished  shoes  to  outside  customers  who  make 
payments  to  him.  The  annual  product  is  estimated  at 
150,000  pairs.  The  agent  receives  40  per  cent  of  the 
profits;  the  balance  goes  to  the  state.  This  agent  makes  no 
charge  against  himself  for  power,  labor,  rent,  light  or  heat. 

Similarly  at  the  Sherborn  reformatory  for  women  shirts 
are  made  and  the  greater  ]iart  of  the  product  is  sold  to 
the  trade,  though  here  the  state  itself  manages  the  busi- 


1258  Special  Messages. 

ness  direct  and  there  is  no  contract  system  or  agent.  Yet 
the  state  sells  these  goods  under  an  assumed  name  and 
thus  conceals  their  prison  origin.  This  is  known  as  the 
"  State  Account  "  system. 

I  believe  this  condition  is  grossly  unfair  to  labor,  and 
also  to  the  prisoners  and  the  state  itself.  It  must  be  dis- 
continued at  once. 

While  our  prisoners  are  producing  goods  for  sale  to 
the  public,  our  state  institutions  are  buying  quantities  of 
clothing  from  outside  sources. 

In  other  states  it  is  now  found  possible  to  dispose  of  the 
entire  product  of  their  prison  labor  to  the  state  institu- 
tions. They  are  not  put  on  the  market  at  all,  and  so  do 
not  come  into  direct  and  unfair  competition  with  free 
labor.     This  is  known  as  the  "  State  Use  "  system. 

The  legislature  should  abolish  the  contract  or  piece- 
price  work,  and  turn  all  the  "  State  Account "  prison  in- 
dustries, as  rapidly  as  possible,  into  "  State  Use  "  indus- 
tries and  thus  get  all  the  prison  goods  off  the  market. 

As  we  have  over  14,000  inmates  in  the  asylums  alone, 
and  many  more  in  the  various  hospitals,  almshouse^;,  and 
schools,  it  will  be  practicable  to  limit  the  prison  labor  ex- 
clusively to  sui^plying  their  wants. 

PEOTECTION  OF  THE  YOUNG. 

Another  point  calling  for  your  attention  is  the  reor- 
ganization of  the  reformatories.  At  the  Massachusetts 
reformatory  the  investigators  found  felons,  common  drunk- 
ards and  young  boys  associating  together  in  the  shops  with- 
out separation  into  grades.  The  testimony  indicates  a 
similar  condition  at  the  women's  reformatory.  We  are 
spending  immense  sums  on  our  reformatories  (and  our 
industrial  schools  which  are  designed  for  reformatory 
effort).  The  first  function  of  such  reformatories  is  to 
reform  young  people,  and  it  is  particularly  odious  that  the 
inmates  arc  not  properly  classified.  The  investigators  urge 
that  our  young  oft'ouders  (both  boys  and  girls)  be  pro- 
tected from  older  and  more  depraved  criminals. 

I  urge  that  all  further  plans  for  extending  our  present 
reformatory  system  may  be  made  to  include  provision  for 
such  separation,  as  is  done  in  other  slates. 


Special  Messages.  1259 


PAROLE    OF    PRISONEES. 

Although  the  board  of  prison  commissioners  is  expected 
to  pass  npon  all  paroles,  the  commissioners  have  (by  reso- 
lution) delegated  the  duties  prescribed  to  them  by  law,  to 
the  chairman  of  the  board.  The  chairman,  with  the  sec- 
retary, now  paroles  prisoners  at  his  discretion  upon  the 
superintendent's  recommendation.  Prisoners  do  not,  as  a 
rule,  appear  before  the  full  board. 

This  seems  to  me  an  intolerable  practice.  Our  prison 
commissioners  have  a  duty  to  perform,  not  to  delegate  to 
others. 

FARMS    AND    PRODUCE. 

The  farming  operations  at  these  state  institutions  are 
very  unsatisfactory.  The  testimony  at  Sherborn,  for  ex- 
ample, indicates  a  pitiful  lack  of  business  management. 
Farming  is  done  almost  wholly  by  paid  labor,  not  by  the 
inmates ;  and  these  paid  farmers  are  permitted  to  take,  or 
purchase  cheaply,  for  their  use,  the  produce  of  the  farm, 
although  the  institution  is  a  large  buyer  of  food  products 
at  public  expense.  'No  satisfactory  records  were  shown  of 
the  farm  products. 

PURCHASE    OF    SUPPLIES. 

The  investigators  call  for  a  real  system  of  public  com- 
petitive bids,  under  which  supplies  for  the  penal  institu- 
tions shall  be  bought  from  the  lowest  responsible  bidder; 
particularly  as  regards  meat,  flour,  coal,  etc.  The  testi- 
mony indicates  that  no  satisfactory  steps  have  been  taken 
to  abandon  the  existing  method  in  this  state,  which  deliber- 
ately favors  certain  sources  of  supply. 

ACCOUNTS. 

In  1008  the  legislature  directed  the  state  auditor  to 
inaugurate  a  system  of  accounts  for  each  of  these  several 
state  institutions ;  but  the  investigators  report  that  to  date, 
no  comprehensive  system  has  been  put  into  efi^ect  and  that 
the  lack  of  it  is  a  great  detriment  to  the  state  and  the 
institutions. 

CONCLUSIONS. 

In  discussing  the  conduct  of  our  penal  institutions  from 
a  business  standpoint  great  care  is  necessary  because  the 
principal  consideration  is  not  one  of  money,  but  of  the 


1260  Special  Messages. 

welfare  of  the  prisoners  and  their  chance  to  take  up  an 
honest,  self-supporting  citizenship  when  released. 

The  investigators  have  approached  their  task  with 
marked  conscientiousness  and  conservatism.  Their  com- 
ments are  not  those  of  hostile  critics,  but  of  friendly  and 
experienced  advisers. 

I  feel  that  their  work,  which  touches  so  vitally  the  life 
of  this  commonwealth,  should  receive  your  most  careful 
consideration. 

The  conclusion  from  their  work  is  inevitably  that  the 
present  prison  commission  has  not  succeeded  in  properly 
safeguarding  the  interests  of  the  prisoners  or  of  the  com- 
monwealth, either  in  respect  to  free  labor,  or  the  prison 
industries,  the  protection  of  the  young  offenders,  or  the 
general  business  conduct  of  state  institutions,  and  prop- 
erties. 

The  investigators  cannot  recommend  the  continuance 
of  the  present  commission,  except  as  a  board  of  visitation 
and  supervision  over  the  penal  institutions  of  the  state. 
They  consider  that  the  duties  now  delegated  to  the  chair- 
man of  that  board  should  be  entrusted  to  a  central  super- 
intendent with  two  deputies  to  administer  the  prisons  and 
to  organize  and  direct  their  business  details  and  industries. 

I  call  your  attention  to  the  fact  that  the  testimony  of 
the  various  prison  officials  has  been  given  voluntarily  to 
the  investigators  and  recorded  mainly  by  official  court 
stenographers.  It  is  taken  at  its  face  value  as  the  de- 
liberate testimony  of  responsible  state  officials  and  em- 
ployees. The  investigators  have  carefully  followed  my 
request  and  omitted  from  their  records  and  from  their 
reports  all  reflections  upon  the  present  organization  which 
were  not  necessary  for  the  purpose  of  bringing  out  their 
reconniiendations. 

The  pending  ajipropriations  are  as  follows: 

For  the  prison  commissioners, $38,200  00 

For  the  state  prison, 170,000  00 

For  Ihe  iirison  faniji  and  liosjiital,     ....  46.000  00 

For  (he  MnssachiiseUs  reforniatoiy,  ....  2:{7.!»00  00 

For  llie  reformatory  for  women,      ....  02,600  00 

Til  a])proving  these  ajipropriatious  T  call  foi-  a  thoi-oiigh- 
going  revision  and  reconstruction  of  our  existing  penal 
system;  including  the  almlilidn  ot"  the  ])resent  connnission, 


Special  ^Iessacjes.  12G1 

a  reform  of  the  jirison  ljil)or  system,  a  better  classification 
of  the  inmates  of  tlic  reformatories,  and  a  moderu  busi- 
ness management  for  the  institutions. 

[To  the  honorable  senate  and  house  of  representatives,  July  6,  1911.] 

I  transmit  herewith  a  report  by  Mr.  C.  L.  Ilarpham  on 
the  state  board  of  agriculture. 

The  pending  appropriation  for  this  board  includes  $07,- 
200  for  miscellaneous  expenses  and  $100,000  for  the  pur- 
chase and  killing  of  diseased  cattle  and  expenses  incidental 
thereto.  Out  of  these  sums  only  about  $-1:0,000  is  spent 
directly  for  the  encouragement  of  agricultural  work  in 
Massachusetts,  including  bounties,  prizes,  and  the  giving 
out  of  useful  information. 

I  believe  the  prosperity  of  this  state  can  be  increased 
by  greatly  enlarging  the  work  of  this  department,  as  it  is 
of  direct  and  practical  value  to  farmers. 

The  Slim  of  $40,000  a  year  for  building  up  the  agri- 
cultural interests  of  this  state  seems  very  small  when  it 
is  realized  that  we  are  spending  a  million  dollars  a  year, 
in  interest,  maintenance  and  extensions,  on  parks  and 
reservations,  which  have  cost  over  $20,000,000  thus  far. 

Personally  I  would  be  glad  to  see  all  further  costs  of 
extending  our  park  system  cut  off  at  once,  and  a  more 
liberal  sum  voted  by  the  state  as  a  whole  to  advance  our 
agricultural  interests. 

Given  adequate  sui3port  the  board  of  agriculture  can 
co-operate,  for  example,  with  all  owners  of  dairies  in  this 
state,  to  put  the  business  of  producing  milk  on  a  more 
profitable  basis  and  secure  for  the  farmers  a  more  equi- 
table treatment  in  disposing  of  their  products.  At  present 
there  is  annually  a  decrease  of  3500  cows  on  the  farms 
of  this  state. 

In  general  agriculture,  our  farmers  are  now  producing 
three  times  as  much  value  per  acre  as  is  produced  in 
California  or  Kansas.  The  enterprise  thus  shown  indi- 
cates that  it  will  be  richly  worth  while  for  this  state  to 
devote  larger  sums  to  helping  them  in  a  direct,  practical 
manner,  even  if  we  have  to  curtail  other  (and  far  less 
important)  expenditures. 

I  approve  the  pending  appropriations  as  follows: 

For  agricultural  expenses, $67,200  00 

For  exterminating  contagious  diseases  among  domes- 
tic cattle,         ........      100,000  00 


1262  SrEciAL  Messages. 

I  also  approve  of  s])euJing  $1000  for  an  exhibit  to  rep- 
resent the  at^ricultural  interests  of  Massachusetts  at  the 
American  Land  and  Irrigation  Exposition  in  New  York 
citj  in  November  next,  as  per  the  accompanying  letter 
from  secretary  Ellsworth  of  the  state  board  of  agriculture. 
.  In  so  doing  I  call  attention  a^ain  to  the  inefficient  and 
unproductive  expenditures  of  public  funds  in  other  direc- 
tions, as  indicated  many  times  during  the  course  of  this 
investigation.  A  more  clearly  defined  fiscal  policy  and  a 
more  centralized  financial  responsibility  are  urgently 
needed,  not  only  to  prevent  waste,  but  to  provide  money 
for  building  up  the  most  vital  interests  of  the  state. 

[To  the  honorable  senate  and  house  of  representatives,  July  7,  1911.] 

I  transmit  hercMdth  a  report  by  Mr.  Wm.  Dana  Orcutt, 
of  the  Plimpton  Press,  printers,  Norwood,  Mass.,  and  Mr. 
John  C.  Sherman,  of  Sherman,  French  &  Co.,  publishers, 
Boston,  upon  the  costs  of  our  state  printed  matter. 

A   NEW   CONTRACT   NEEDED. 

The  state  is  paying  at  present  about  $300,000  annually 
for  printed  matter,  and  the  investigators  state  that  the 
contract  now  in  force  between  the  commonwealth  and  the 
state  printers  is  a  "  thoroughly  misleading  and  unbusiness- 
like document  and  one  which  would  not  be  taken  seriously 
if  ofi^ered  by  a  printing  establishment  to  any  private  pub- 
lishing house." 

The  investigators  urge  that  a  new  contract  be  drawn  up 
with  the  assistance  of  some  competent  printer. 

The  report  indicates  that  the  state  is  paying  far  more 
than  it  ought  to  pay,  although  the  misleading  character 
of  the  present  contract  prevents  this  fact  from  being  gen- 
erally known. 

MODERNIZING    THE    METHODS    OF    PUBLICATION. 

Also,  the  methods  used  in  producing  the  documents  are 
scored  as  costing  50  per  cent  more  in  some  factors  than 
the  work  requires. 

To  effect  these  economies  it  is  only  necessary  to  use 
reasonable  judgment  in  choosing  the  right  size  and  style 
of  page. 

A  section  of  the  house  journal  is  shown  reset  in  double- 


Special  Messages.  1263 

cohiniu  with  heavy  bUiek  headings  in  phiee  of  the  present 
small  side  notes.  The  change  greatly  improves  the  clear- 
ness and  readability  of  these  pages,  and  saves  one  third 
the  cost  of  typesetting  and  nearly  one  third  the  cost  of 
paper  and  press  work. 

In  other  words,  for  every  $1.50  that  we  now  pay,  $1 
would  do  the  work  in  better  shape  and  not  cut  down  the 
rate  of  pay  of  a  single  workman. 

As  another  example  2i/4  pages  of  the  report  of  the  board 
of  health  are  shown  reduced  to  IV2  pages  by  this  two 
column  arrangement.  The  reduction  here  is  one  third  and 
the  appearance  of  the  pages  is  improved. 

The  significance  of  these  facts  may  be  realized  when 
it  is  remembered  that  the  total  yearly  cost  of  the  state 
printing  is  $300,000. 

BINDINGS. 

As  to  binding,  for  which  the  state  now  pays  about 
$50,000  a  year,  the  investigators  note  that,  if  these  sug- 
gestions are  followed,  many  of  the  documents  will  be  so 
reduced  in  size  that  these  can  be  issued  as  thin  paper- 
covered  pamphlets.  The  state  now  pays  up  to  80  cents 
apiece  for  elaborate  bindings. 

Also  many  of  the  annual  rej^orts,  should  be  divided  into 
sections,  each  dealing  with  a  definite  division  of  the  sub- 
ject, and  bound  up  in  paper  and  each  section  issued  only 
on  request.  This  wall  remedy  the  present  wasteful  issu- 
ance of  large  documents  to  people  who  do  not  use  them 
as  a  whole  and  still  further  cut  down  the  binder's  bill. 

PAPER. 

As  to  paper,  which  now  costs  about  $50,000  a  year,  the 
investigators  have  analyzed  the  present  book  paper  and 
state  that  it  is  not  worth  the  price  paid  for  it.  They 
suggest  that  a  suitable  paper  be  bought  direct  from  the 
mill,  as  is  usual  with  large  publishing  houses,  and  not  from 
a  dealer,  as  is  now  done. 

CONDENSING    THE    REPORTS. 

More  important  still,  is  the  recommendation  that  the 
authors  of  the  printed  reports  be  required  to  condense 
them.  At  present  many  of  these  documents  are  enlarged 
beyond  any  reasonable  limits. 


Special  Messages. 


A   MANAGER   OF   PUBLICATIONS. 

The  investigators  recommend  that  some  person  familiar 
with  printing  be  employed  by  the  state  (as  is  done  by  all 
large  publishing  houses)  to  co-oi)erate  with  authors,  point 
out  reasonable  ecoiiomies  and  supervise  the  state's  publi- 
cations. 

The  present  board  of  publication  has  not  succeeded  in 
this  respect.  It  is  made  up  of  busy  state  officials  who 
cannot  give  the  time  necessary  to  co-operate  with  the  au- 
thors in  condensing  their  work,  and  its  discontinuance  is 
urged. 

DUPLICATION    OF   WOKK. 

At  present  there  is  a  great  deal  of  duplication  between 
the  printed  reports.  Financial  statistics  of  institutions 
are  given  in  the  auditor's  report,  and  repeated  with  varia- 
tions in  the  reports  of  the  institutions.  This  matter  is 
very  costly  to  issue  and  all  duplication  should  be  stopped. 

ISSUING    PUBLICATIONS. 

At  present  our  boards,  commissions,  etc.,  are  allowed 
to  send  out  large  numbers  of  their  own  reports.  Some  of 
the  state  offices  are  cluttered  with  these  books,  and  cleri- 
cal help  is  used  to  attend  to  them.  All  this  work  should 
be  done  in  the  document  room.  State  officials  should 
merely  send  addressed  labels  or  lists  of  names  to  that  room 
with  instructions. 

MISCELLANEOUS  PKINTING. 

The  foregoing  comments  relate  to  pamphlets  and  bound 
volumes.  In  addition  to  these  there  is  a  large  annual 
expense  for  innumerable  small  items  and  the  investigators 
believe  that  if  these  also  be  put  under  definite  control, 
economies  can  be  effected  greater  than  those  discussed  in 
the  report. 

The  total  yearly  cost  is  mostly  scattered  over  mis- 
cellaneous appropriations.  Only  $100,000  appears  as  a 
separate  estimate  for  printing  and  binding  the  public 
documents. 

I  apyu'ove  this  estimate  to  provide  for  current  work 
but  desire  to  see  the  reforms  here  indicated  put  into  effect 
as  soon  as  possible.  I  also  pass  the  following  library 
appropriations. 


Spkcial  Messages.  1265 


FREK    PUBLIC    LIBRARY    COMMISSION. 

My  own  inquiries  have  satisfied  me  that  this  commis- 
sion is  giving-  nsefnl  service  in  helping  tlie  libraries  of 
towns  and  cities.  Its  pending  appropriation  of  $0,950  is 
approved. 

STATE    LIBRARY. 

The  regular  annual  appropriation  of  $27,510  is  ap- 
proved. 

[To  the  honorable  senate  and  house  of  representatives,  July  lU,  1911.] 

I  report,  with  my  approval,  the  following  estimates, 
on  which  no  further  work  of  investigation  will  be  done: 

Savings  bank  life  insurance  deijartment,  .         .         .      $15,000  00 

Province  laws, 9,600  00 

Penikese  hospital, .        10,785  00 

The  special  appropriation  of  $18,350  for  Penikese  hos- 
pital is  not  approved. 

In  thus  concluding  the  work  of  investigation  I  call 
attention  to  the  inn)erative  need,  in  this  state,  of  a  central 
finance  board.  This  investigation  has  revealed  the  lack 
of  any  clearly  defined  state  policy  in  the  spending  of 
public  funds,  and  the  lack  of  any  uniform  standard  in 
the  management  of  the  business  affairs  of  the  state. 

It  is  my  judgment,  as  a  business  man,  that  these  pub- 
lic expenditures  as  a  whole  do  not  return  more  than  50 
cents  of  value  to  the  taxpayers  for  every  dollar  spent. 

This  absurd  condition  is  precisely  what  would  be  ex- 
pected in  any  business  house  if  there  were  no  well-defined 
and  centralized  business  responsibility. 

In  my  opinion  the  best  way  to  remedy  this  condition 
is  to  establish  at  once  a  state  finance  board.  This  board 
should  consider  the  total  expected  annual  revenues  of  the 
state,  and,  after  mature  deliberation,  should  estimate  what 
percentage  of  these  funds  could  be  reasonably  expended 
upon  each  branch  of  the  state  business. 

They  should  also  have  power  to  investigate  and  report 
upon  the  business  methods  of  the  various  county  depart- 
ments, and,  when  occasion  demands,  city  and  town  gov- 
ernments, as  I  recommended  in  my  inaugiiral  message. 


12G6  Special  Messages. 

They  should  sit  throughout  the  year,  and  act  in  close 
continuous  co-operation  with  the  various  head  officials  of 
departments,  boards  and  institutions  of  the  state. 

They  should  hear  the  opinions  of  such  officials  and  con- 
sider these,  not  separately  as  is  now  done  by  the  ways  and 
means  committee,  but  together  and  in  comparison.  They 
could  thus  arrive  at  a  fair  distribution  of  the  state's  in- 
come. 

One  of  their  duties  would  be  to  present  to  the  legisla- 
ture, when  it  convenes,  their  estimate  of  the  sums  needed 
by  each  division  of  the  state's  business,  and  this  estimate 
should  be  used  by  the  legislature  as  a  check  upon  the 
estimates  now  submitted  by  the  heads  of  these  divisions. 

By  this  method  the  legislature  would  have  before  it  a 
business-like  analysis  of  the  fiscal  situation,  at  the  start. 
It  would  be  assisted  in  its  duty  of  checking  extravagance, 
and  with  the  help  of  the  finance  board  the  legislature 
would  be  able  to.  do  more  in  two  months  than  it  now  ac- 
complishes in  six  months. 

Our  existing  law  fixes  upon  the  governor  the  duty  of 
passing  upon  pending  appropriations  immediately  upon 
his  assumption  of  office.  Thus  the  legislature  is  required 
to  wait  while  the  necessary  survey  of  these  expenses  is 
made  by  the  executive.  Under  the  business-like  plan  pro- 
posed this  would  be  finished  Avhcn  the  legislature  convened. 

In  addition  to  the  duties  already  outlined  I  think  this 
board  should  have  financial  supervision  over  all  state  work 
and  hold  all  state  officials  responsible  for  the  efficient 
business-like  use  of  funds  entrusted  to  them. 

Also  it  should  be  the  duty  of  this  board  to  regulate  not 
only  salaries  but  vacations,  which  the  attorney-general 
advises  it  is  not  now  in  the  power  of  the  governor  and 
council  to  regulate. 

At  present  there  is  no  such  effective  supervision  of  the 
state  business. 

Under  the  "  Walker  Act  "  the  executive  can  advise  as 
to  what  sums  shall  be  appropriated,  but  has  no  power  of 
control  over  the  spending  of  moneys  after  they  are  once 
voted.  This  act  is  therefore  inadequate.  When  you  shall 
have  created  a  permanent  state  finance  board  this  act 
could  be  with  safety  repealed. 

In  the  absence  of  any  centralized  financial  and  business 
responsibility,  the  expenses  of  running  the  business  of  the 
state  have  mounted  up  to  an  excessive  figure;  boards  and 


Special  Messages.  1267 

commiysions  created  to  institute  a  line  of  work  have  re- 
mained indefinitely  in  oflice  and  succeeded  in  drawing  in- 
creasing sums  from  the  state  treasury.  Favoritism  in 
the  awarding  of  contracts  and  in  the  purchase  of  supplies, 
inefficiency  and  indolence  in  public  office  and  a  growing 
spirit  of  indifference  to  cost  are  the  inevitable  results  of 
the  existing  lack  of  system. 

The  reform  here  indicated  is  an  urgent  necessity. 

[To  the  honorable  senate  and  house  of  representatives,  July  11,  1911.] 

Herewith  I  return  without  my  approval  "  An  Act  rela- 
tive to  retiring  and  pensioning  prison  officers  and  in- 
structors." 

This  act  amends  a  law  of  1908  which  provided  for  pen- 
sioning certain  prison  officers,  by  including  therein  the  per- 
sons employed  as  instructors  in  our  penal  institutions. 

Since  that  law  was  passed,  however,  there  has  been  put 
into  effect  a  general  contributory  pension  law  for  state  em- 
ployees, (chapter  532,  acts  of  1911)  and  in  my  judgment 
this  law  should  not  now  be  set  aside  and  nullified  by  special 
acts  such  as  the  one  under  discussion. 

If  the  chapter  above  cited  offers  a  wise  system  of  state 
pensions  then  we  should  live  up  to  it. 

If  it  does  not^  then  it  should  be  recognized  as  inadequate 
and  properly  amended. 

[To  the  honorable  senate  and  house  of  representatives,  July  11,  1911.] 

Herewith  I  return  without  my  approval  "  An  Act  to 
establish  the  salaries  of  the  assistant  clerks  of  the  senate 
and  house  of  representatives." 

This  act  seeks  to  raise  the  salaries  of  these  assistant 
clerks  from  $2,000  to  $2  500.  The  question  is  as  to 
whether  these  increases  are  in  line  with  a  sound  public 
policy.  In  my  judgment  the  establishment  of  a  state 
finance  board  will  shorten  the  legislative  session  and  lighten 
the  burdens  of  legislative  employees,  thus  avoiding  the 
need  of  increased  expenses. 

I  desire  to  see  such  a  board  constituted,  and  to  have  such 
matters  as  this  referred  to  them. 

The  present  legislative  procedure  tends  to  steadily  in- 
creasing expenses.  The  proposed  finance  board  should,  on 
the  contrary,  produce  a  steadily  increasing  efficiency  in  the 
public  service  and  ensure  a  great  economy  in  the  public 
funds. 


1268  Special  Messages. 


[To  the  honorable  senate  and  house  of  representatives,  July  11,  1911.) 

Herewith  I  return  Avithoiit  mj  approval  "  An  Act  to 
establish  minimum  salaries  of  judges  and  registers  of  pro- 
bate and  insolvency." 

This  act  provides  that  the  judge  and  the  register  of  pro- 
bate and  insolvency  in  any  county  (with  two  exceptions) 
shall  not  receive  salaries  less  than  $1,800  and  $1,G00  re- 
spectively. 

I  am  heartily  in  favor  of  providing  adequate  pay  for 
these  officials  but  that  result  cannot  be  accomplished  by 
legislation  of  this  sort. 

What  is  fair  pay  for  one  such  official  may  be  entirely  out 
of  keeping  in  the  case  of  another.  The  salary  should  be 
determined  in  each  instance  with  due  regard  to  the  amount 
and  character  of  the  work  done. 

A  state  finance  board  is  needed  to  advise  as  to  these  ques- 
tions of  pay,  in  conformity  with  the  merits  of  each  case; 
not  by  an  arbitrary  rule  such  as  this  act  proposes. 

[To  the  honorable  senate  and  house  of  representatives,  July  11,  1911. J 

Herewith  I  return  without  my  approval  "  An  Act  to  pro- 
vide pensions  for  the  district  police  of  the  commonwealth." 

A  comprehensive  system  of  state  pensions  has  already 
been  established  under  chapter  532,  acts  of  1911,  approved 
June  7th,  and  in  my  judgment  that  act  should  be  strictly 
adhered  to  if  it  is  adequate,  and  modified  if  it  is  not. 

The  policy  of  passing  a  general  pension  system  and  then 
enacting  special  laws  which  remove  certain  employees  from 
its  scope  and  thus  nullifying  that  system  needs  no  comment. 

Only  in  the  special  case  of  old  and  faithful  state  em- 
ployees who  have  done  good  work  but  whom  the  general 
pension  system  may  leave  imperfectly  jjrotected  should  an 
exception  to  that  system  be  made. 

[To  the  honorable  senate  and  house  of  representatives,  July  11,  1911.] 

Herewith  I  return  without  my  approval  "  An  Act  to  pro- 
vide for  the  establishment  and  maintenance  of  an  inde- 
pendent agricultural  school  for  the  county  of  Essex." 

I  heartily  favor  the  establishment  of  these  schools  by  the 
counties.  I  think  that  under  suitable  restriction  the  state 
may  well  co-operate  in  bearing  the  running  expenses  of  such 
schools,  as  in  fact  the  present  law  provides. 


Special  Messages.  1269 

But  I  cannot  go  so  far  as  to  approve  of  the  state  paying 
half  the  costs  of  land  and  buildings. 

In  this  opinion  I  concur  fully  with  the  state  board  of 
education,  as  indicated  clearly  by  the  accompanying  letter 
from  Dr.  Sneddon,  under  date  of  July  10,  1911. 

I  am  anxious  to  see  the  state  do  all  it  can  for  our  agricul- 
tural interests  as  a  whole,  and  to  that  end  I  think  we  should 
build  up  and  strengthen  our  department  of  agriculture 
first,  and  change  the  academic  work  at  our  present  agricul- 
tural college  for  shorter  and  more  practicable  courses,  of 
service  to  the  greatest  possible  number  of  young  men  who 
are  to  become  farmers. 

[To  the  honorable  senate  and  house  of  representatives,  July  10,  1911.] 

Herewith  I  return  without  my  approval  "  An  Act  to  in- 
crease the  compensation  of  members  of  the  general  court 
from  $750  to  $1,000." 

If  we  are  to  continue  to  have  legislative  sessions  lasting 
five  months  or  more,  as  in  the  past,  undoubtedly  an  added 
compensation  will  be  required,  but  I  believe  that  long  legis- 
lative sessions  are  entirely  indefensible,  and  that  they  result 
in  a  great  deal  of  valuable  legislation  being  sidetracked,  or 
killed  in  committees,  while  a  multitude  of  small  and  special 
measures  are  given  the  full  attention  of  the  legislature. 

In  almost  all  other  states  short  sessions  are  now  the  rule, 
and  these  short  sessions  are,  in  my  judgment,  more  service- 
able to  the  people  because  they  proceed  more  promptly  and 
along  more  clearly  defined  business  lines. 

If  the  present  legislature  will  create  a  state  finance 
board,  then  each  legislature  as  it  convenes  will  be  able  to 
act  promptly  upon  a  mass  of  financial  legislation  for  which 
the  data  have  been  already  prepared  for  it. 

In  my  opinion,  there  is  no  excuse  of  any  kind  for  further 
delay  in  relation  to  the  finance  board.  The  necessity  for 
such  a  board  has  been  most  clearly  demonstrated,  and  I  now 
urge  it  upon  you  in  this  further  argument  that  it  can  be 
created  and  maintained  for  far  less  money  than  $70,000, 
which  the  proposed  increase  of  legislative  compensation 
will  call  for,  and  will  result  in  vastly  increased  efficiency 
in  public  expenses. 


1270  Speciai.  Messages. 


[To  the  honorable  senate  and  house  of  representatives,  July  12,  1911.] 

The  general  court  having  seen  fit  to  reject  the  consti- 
tutional amendment  relating  to  taxation  reported  by  the 
committees  on  taxation  and  constitutional  amendments, 
there  now  remains  for  it  the  simple  and  plain  duty  to 
pass  a  law  providing  for  the  enforcement  of  our  existing 
tax  laws. 

The  legislature,  hy  its  deplorable  failure  to  improve 
our  tax  laws,  will  convince  the  people  that  it  is  in  effect 
lending  itself  to  the  protection  of  the  taxdodger. 

Under  the  proposed  amendment  it  would  have  been  pos- 
sible to  enact  a  sane  and  reasonable  taxation  system  which 
would  have  distributed  equitably  the  burdens  of  taxation 
without  interference  with  business  conditions.  Our  pres- 
ent tax  laws  are  inadequate,  but  that  is  no  excuse  for  the 
lack  of  their  enforcement.  Laws  are  made  to  be  enforced, 
and  if  they  are  bad  laws  their  enforcement  will  lead  to 
their  change  or  repeal.  It  is  a  matter  of  common  knowl- 
edge that  the  present  laws  are  enforced  only  at  the  whim 
of  local  assessors,  and  that  ninety  per  cent  of  taxable 
shares  and  securities  owned  in  the  commonwealth  entirely 
evade  and  escape  taxation.  The  burden  of  taxation  falls 
on  the  remaining  ten  per  cent  and  upon  real  estate,  ma- 
chinery, the  implements  and  tools  of  trade,  the  stock  in 
trade  of  the  merchant  and  the  live  stock  of  the  farmer. 
The  mechanic  struggling  to  raise  his  standard  of  living, 
to  educate  his  family  and  yet  save  his  equity  in  his  little 
homestead  is  taxed  fully. 

This  discrimination  must  cease. 

The  investigations  which  I  have  caused  to  be  made,  of 
the  situation,  have  absolutely  convinced  me  that  something 
must  be  done  at  once  to  remedy  these  evils. 

If  seltish  interests  and  differences  of  opinion  are  to 
prevent  any  reasonable  modification  of  the  tax  laws  along 
the  lines  of  the  eonmiittecs'  report,  then  there  is  no  alter- 
native but  to  enforce  the  present  laws  as  to  all  citizens 
alike  without  fear  or  favor. 

I  therefore  recommend  that  this  general  court  enact  a 
law  requiring  the  filing  of  a  tax  return  under  oath  by 
every  projierty  owner,  with  a  severe  penalty  for  failure. 


Special  Messages.  1271 


[To  the  honorable  senate  and  house  of  representatives,  July  18,  1911.] 

The  manufacture  of  shoes  is  one  of  the  principal  and 
most  important  industries  of  the  commonwealth.  It  fur- 
nishes employment  to  a  very  large  nund^cr  of  our  citizens, 
and  in  it  are  invested  large  amounts  of  ca]Mtal.  Matters 
affecting  its  prosperity  affect  vitally  the  general  prosperity 
of  the  commonwealth. 

It  seems  to  be  a  fact  that  practically  all  the  machinery 
used  in  the  manufacture  of  shoes  belongs  to  one  corpora- 
tion organized  under  the  laws  of  another  state  but  operat- 
ing principally  in  Massachusetts.  By  its  ownership  of 
these  machines  and  refusal  to  sell  them,  this  corporation 
not  only  has  been  enabled  to  maintain  an  almost  absolute 
monopoly  in  the  machinery  business,  but  controls  in  a  large 
measure  the  shoe  manufacturing  industry  itself. 

It  must  be  considered  that  if  one  important  industry  of 
the  commonwealth  can  thus  be  dominated  by  a  monopoly, 
there  is  reason  to  believe  that  other  industries  are  similarly 
in  jeopardy. 

This  situation  calls  upon  us  to  determine  whether  any 
relief  can  be  afforded  under  the  present  law,  and  if  not, 
what  legislation  may  be  enacted  to  meet  the  situation.  I 
have  invited  the  attention  to  this  matter  of  the  honorable 
attorney-general  of  the  commonwealth.  I  enclose  herewith 
copies  of  correspondence  in  which  appear  a  statement  of  the 
situation,  a  request  for  his  opinion  and  the  attorney-gen- 
eral's opinion  in  reply  thereto. 

It  appears  from  the  letter  of  the  attorney-general  that 
all  the  law  on  the  subject  now  in  force  has  existed  for  at 
least  three  years;  and  yet  although  the  monopoly  com- 
plained of  has  been  in  operation  throughout  this  time,  no 
law  officer  of  the  commonwealth  has  yet  taken  any  action 
whatever  for  the  relief  of  the  situation.  It  would  seem 
reasonably  clear,  therefore,  that  unless  the  commonwealth 
is  to  admit  that  it  is  powerless  to  emancipate  one  of  its 
principal  industries  from  the  grasp  of  monopoly,  further 
legislation  should  be  enacted,  sufficiently  effective  to  enable 
the  commonwealth's  law  officers  to  bring  some  relief  to  the 
situation. 

Furthermore,  as  you  will  observe,  it  is  the  opinion  of  the 
attorney-general  that  the  determination  of  the  common- 


1272  Special  Messages. 

wealth's  attitude  toward  monopoly  is  primarily  for  the 
legislature. 

I  submit  this  statement  of  the  situation  for  your  con- 
sideration and  action. 

[To  the  honorable  senate  and  house  of  representatives,  July  20,  1911.] 

Herewith  I  return  without  my  approval  "  A  Resolve  to 
provide  for  certain  improvements  at  the  Wrentham  state 
school,"  and  calling  for  an  extra  expenditure  of  $79,000. 

The  special  appropriation  recommended  to  this  legis- 
lature by  the  officials  of  this  school  amounted  to  $122,100. 

These  appropriations  were  reported  upon  by  Messrs. 
Harpham  and  Coe,  as  follows :  — 

"  The  appropriations  requested  are  for  the  furtherance 
of  a  complete  plan  of  buildings  and  ground  layout.  The 
institution  is,  in  our  judgment,  well  organized  to  take 
care  of  the  additional  growth  that  these  buildings  would 
make  possible. 

The  children's  building  would  cost  more  per  capita  than 
those  for  similar  use  now  constructed  and  we  can  see  no 
sufficient  reason  for  the  increase  as  the  present  buildings 
are  well  adapted  to  the  patients'  needs  and  are  substantial 
in  structure.  Increased  costs  of  building  materials  and 
labor  do  not  account  for  all  the  increase.  The  same  is  true 
of  the  employees'  home  requested. 

We  could  not  see  enough  need  for  a  carriage  and  tool 
house  to  warrant  the  expenditure  of  $1,600. 

Quoting  from  the  last  trustees'  report: 

The  small  amount  of  grading  required,  the  easy  excavations, 
the  unlimited  supply  of  stone,  sand  and  gravel  suitable  for  build- 
ing ])uriioses,  the  excellent  water  supply,  Ihe  facilities  for  dis- 
posing/ of  sewage  hy  gravitation,  furnish  coiulilions  that  reduce 
the  cost  of  construction  to  a  minimum. 

In  view  of  these  facts,  and  also  that  the  institution  has 
a  large  amount  of  inmate  labor  suitable  to  be  used  on  con- 
struction of  sewage  beds  and  trenches,  the  request  for  $13,- 
000  for  a  sewage  system  is  most  decidedly  unwarranted. 
The  institution  needs  a  sewage  system,  but  when  one  of  the 
other  slate  institutions  with  over  200  inmates  and  with  a 
small  amount  of  patient  labor  constructed  filtration  beds, 
including  1020  feet  of  vitrified  pipe,  providing  for  80,000 
gallons  of  sewage  per  day,  for  less  than  $1,000,  to  allow 


Special  Messages.  1273 

this  ingtitiition  to  spend  $13,000  for  a  sewage  system  would 
be  a  glaring  example  of  extravagance." 

After  investigation  I  conchided  that  the  costs  of  the 
buildings  and  construction  work  asked  for  in  this  appro- 
priation were  unwarrantably  high  and  therefore  declined 
to  approve  them. 

The  legislature,  in  now  reducing  the  appropriation  to 
$79,000,  has  not  sought  to  reduce  these  construction  costs, 
but  has  only  eliminated  one  of  the  three  principal  build- 
ings asked  for,  and  has  sanctioned  the  erection  of  the  re- 
maining two  at  the  originally  estimated  cost. 

At  present  such  costs  are  not  on  any  sort  of  uniform 
basis,  but  vary  widely  among  the  various  institutions. 
Failure  on  the  part  of  the  commonwealth  in  the  past  to 
systematize  and  properly  limit  these  expenses  should  now 
be  recognized.  Competent  and  central  financial  supervi- 
sion should  be  established  over  all  building  plans  and  esti- 
mates and  over  all  parallel  state  expenses  before  further 
capital  outlays  are  authorized. 

Only  by  such  means  can  the  expenses  of  the  state  be 
brought  down  to  anything  like  the  scale  of  reasonable 
economy  which  would  be  followed  in  private  practice. 

I  cannot  approve  the  appropriation. 

[To  the  honorable  senate  and  house  of  representatives,  July  20,  1911.] 

Herewith  I  return  without  my  approval  "  A  Resolve  to 
provide  for  certain  improvements  at  the  Boston  state  hos- 
pital," and  calling  for  a  special  expenditure  of  $166,875. 

The  recommendations  made  by  the  investigators,  and 
the  personal  inspection  which  I  have  made  of  this  insti- 
tution, convince  me  that  some  of  the  requirements  for 
which  this  extra  appropriation  is  asked,  can  be  met  by  a 
better  utilization  of  the  existing  buildings,  and,  in  other 
cases,  new  buildings,  even  if  needed,  can  be  built  and  ought 
to  be  built  for  less  money. 

In  order  to  make  these  points  more  clear  I  quote  as 
follows  from  the  report  of  Messrs.  Harpham  and  Coe, 
in  relation  to  these  special  appropriations :  — 


"  BOSTON  STATE  PIOSPITAL. 


The  Boston  state  hospital  is  requesting  $166,875.  The 
expenditure  of  $6,000  for  alterations  in  the  south  dormi- 
tory would  improve  the  internal  arrangement  by  changing 


1274  Special  Messages. 

small  rooms  into  an  open  ward,  and  make  it  possible  to 
house  32  more  patients.  We  believe  this  is  a  move  iu  the 
right  direction  as  it  tends  to  utilize  more  fully  the  present 
buildings. 

This  winter  the  institution  will  open  a  large  infirmary 
building  for  male  patients,  costing  approximately  $275,- 
000  and  in  order  that  this  buildinc;  niav  care  for  the  max- 
imum  number  of  patients,  it  will  l)e  necessary  to  provide 
additional  quarters  for  attendants.  The  present  estimate 
of  $22,000  for  a  nurses'  home,  according  to  the  plans,  will 
accommodate  only  83  nurses.  This  brings  the  per  capita 
cost  up  to  $GC8.  We  believe  that  a  building  of  a  cheaper 
style  of  construction  would  be  equally  serviceable  and  the 
actual  maintenance  cost  no  greater. 

That  part  of  the  farm  group  requested  at  this  time  com- 
prises a  central  service  building  to  cost  approximately 
$37,Y50,  two  dormitories  which  will  accommodate  40  peo- 
ple each,  at  a  total  estimated  cost  of  $l(),87r)  per  dor- 
mitory, and  a  heating  jdant  to  cost  approximately  $10,r)00. 

The  total  expenditure  requested  at  this  time  amounts  to 
$83,000. 

The  central  service  building  is  now  107  feet  by  43  feet 
and  has  a  basement,  first  and  second  floor  and  attic.  In 
this  building  it  is  proposed  to  house  24  farm  employees 
and  provide  dining  rooms  and  day  rooms  for  the  farm 
colony.  By  consulting  the  plans  we  find  that  approxi- 
mately 3100  square  feet  has  been  allotted  to  2  dining 
rooms,  a  day  room  takes  1700  square  feet,  and  an  equal 
amount  is  to  be  used  for  cleaning  and  showers.  The  second 
floor  will  provide  sleeping  quarters  for  24  farm  hands,  the 
average  floor  space  per  man  being  100  square  feet.  The 
attic  space  is  not  used  in  any  way,  although  slight  altera- 
tions would  make  it  serviceable  for  sleeping  quarters.  It 
is  apparent  that  the  floor  space  alhnvcd  is  extravagant  con- 
sidering the  nnnd)er  of  people  accommodated. 

Although  this  institution  has  already  two  central  heating 
and  power  plants,  it  is  proposed  to  erect  another  coni]-)lete 
boiler  plant  at  a  cost  of  $10,500  to  take  care  of  the  farm 
group.  Inasmuch  as  this  plant  is  to  supply  heat  alone, 
we  believe  that  an  entirely  separate  boiler  house  is  unneces- 
sary and  that  much  less  expensive  equipment  would  bo 
ade(]uate. 

The  two  dormitories  for  this  grou]")  seem  to  be  economi- 


Special  Messages.  1275 

cal  as  regards  structure,  but  the  farm  group  as  a  whole, 
in  our  opinion,  represents  too  great  an  expenditure  for  the 
service  rendered. 

The  '  service  building,'  comprising  general  store-rooms, 
cold  storage  and  bakery,  to  cost  $42,000  would  replace  the 
general  store-rooms  in  the  basement  of  one  of  the  present 
buildings  and  increase  the  present  refrigerating  facilities. 
In  the  present  buildings  there  are  a  number  of  basements 
practically  unused.  If  some  of  these  rooms  were  remodeled 
they  would  be  serviceable  for  a  much  greater  storage  space 
than  is  at  present  found  necessary.  Furthermore,  the  insti- 
tution now  puts  up  its  own  ice.  By  utilizing  available  base- 
ment space,  ample  cold  storage  could  be  provided.  The  fact 
that  daily  deliveries  from  Boston  are  possible  makes  exten- 
sive cold  storage  unnecessary.  The  proposed  plant  will  be 
equipped  with  an  ice  machine  costing  $G,500,  and  $3,700 
more  is  requested  for  piping  and  insulation  of  cold  rooms. 
In  this  '  service  building '  about  3,000  square  feet  in  the 
basement  is  to  be  used  for  vegetable  storage.  On  the  first 
floor,  covering  approximately  4,000  square  feet,  about  one 
half  the  space  is  cold  storage  for  meats,  butter  and  eggs 
and  the  other  half  general  storage.  The  second  floor  pro- 
vides about  1,500  square  feet  for  general  storage  and  the 
rest  of  the  floor  is  taken  up  by  the  bakery,  receiving  room 
and  office.  The  fact  that  in  this  institution  there  is  a  great 
deal  of  basement  room  at  present  unused  which  is  service- 
able for  storage  and  that  the  institution  is  already'  equipped 
to  cut  and  handle  ilieir  oivn  ice,  and  further  it  is  located 
so  close  to  the  Boston  marlcets,  leads  us  to  conclude  that  this 
expenditure  is  not  warranted. 

Inasmuch  as  it  is  proposed  to  erect,  at  some  future 
date,  a  power  house  at  a  different  location,  we  do  not 
believe  it  is  good  policy  to  install  in  the  present  plant,  any 
more  equipment  than  is  absolutely  necessary  for  the  pres- 
ent demands. 

The  direct  current  generators  in  operation  at  this  time 
are  ample,  but  the  cost  of  transmission  lines  from  the 
main  central  power  plant  to  out-lying  buildings,  would  be 
greatly  reduced  by  using  alternating  current.  This  econ- 
omy could  be  accomplished  by  providing  one  alternating 
current  generator.  Reserve  in  case  of  l)reak  down  could 
be  supplied  from  a  private  concern.  We  suggest  that  the 
estimates   and   plans  be   revised   showing  the   amount  of 


127G  SrEciAL  Messages. 

alternating  current  service  required  and  the  cost  of  instal- 
ling one  generator  in  the  present  power  house." 

I  have  already  drav^^n  the  attention  of  the  legislature 
to  these  reasonable  suggestions  for  public  economy,  and 
I  am  still  of  the  opinion  that  these  proposed  expenses  have 
not  been  planned  with  due  regard  to  a  business-like  effi- 
ciency and  cautidU  in  the  use  of  public  funds.  Hence,  I 
cannot  approve  the  appropriation  at  this  time,  but  believe 
that  first  the  buildings  now  in  process  of  construction 
should  be  finished  and  put  into  use. 


[To  the  honorable  senate  and  house  of  representatives,  July  21,  1911.] 

I  recently  directed  your  attention  to  existing  facts  of 
common  knowledge  indicating  the  existence  in  this  com- 
monwealth of  a  monopoly  of  shoe  machinery,  the  operations 
of  which  seem  seriously  to  menace  the  public  interests.  I 
transmitted  to  3^011  a  letter  of  the  attorney-general  of  the 
commonwealth  giving  his  statement  of  the  law  now  in 
force,  and  called  attention  to  the  fact  that,  although  this 
law  had  been  in  force  for  a  period  of  years,  yet  no  law 
officer  of  the  commonwealth  apparently  had  found  it  effi- 
cient to  cheek  the  operations  of  this  monopoly.  I  invited 
you  to  consider  whether  legislation  ought  not  to  be  enacted 
to  meet  this  situation. 

The  suggestion  has  been  made  that  a  statute  recently 
enacted,  chapter  503  of  the  acts  of  1911,  wdiich  was  not 
referred  to  in  the  letter  of  the  attorney-general,  sufficiently 
meets  the  situation. 

It  is  clear,  however,  that  this  statute  in  no  way  provides 
either  for  th(>  al)atement  of  a  m()no])oly  or  punishment  of 
its  promoters.  It  manifestly  is  intended  not  to  provide  any 
remedy  for  such  a  situation  as  that  which  I  have  outlined, 
but  merely  to  provide  a  method  of  discovering  whether  a 
monopoly  exists.  The  question  as  to  which  I  asked  the 
attorney-general's  opinion,  and  to  which  I  invited  your 
attention,  and  the  question  which  I  deem  it  my  duty  again 
to  urge  for  your  consideration,  is  the  question,  whether, 
after  a  monopoly  is  discovered  to  exist,  the  ]u-esent  law  of 
the  commonwealth  is  sufficient  to  check  its  operations  and 
punish  its  promoters  ? 

It  is  clear  that  one  thing  or  the  other  is  true,  either  the 
law  as  it  stands  is  insufficient,  or  the  law  officers  of  I  lie 


Special  Messages.  1277 

common woal til  have  been  niid  arc  remiss  in  the  pcjiform- 
ance  of  their  duty. 

It  is  idle  to  state  that  there  is  a  want  of  evidence.  Tlic 
facts  are  easily  accessible  to  such  as  earnestly  desire  to 
secure  them. 

The  actual  state  of  things  is  so  well  described  in  a  letter 
to  me  from  a  leadino-  shoe  manufacturer  of  the  common- 
wealth, that  I  quote  the  letter  in  full,  as  follows: 

The  Commonwealth  Shoe  &  Leather  Co., 
Boston,  July  19,  lOlL 

Hon.  Eugene  N.  Foss,  Governor,  State  House,  Boston,  3Iass. 

Dear  Sir:  —  I  was  very  much  interested  in  the  article  that 
appeared  in  the  "  News  Bureau "  Tuesday  evening,  July  18th, 
in  reference  to  your  message  on  the  shoe  machinery  monojioly. 
It  has  been  a  source  of  wonder  to  me  for  some  time,  why  the 
law  otfieers  of  the  state  took  no  notice  of  the  pecuHar  methods 
of  this  company. 

An  act  was  passed  (Chapter  469  of  the  Acts  of  1907)  that  was 
intended  to  relieve  the  shoe  manufacturers  of  a  part  of  this 
burden.  The  company  very  cleverly  evaded  it,  and  its  operations 
since  that  time  have  been  even  more  flagrant  than  before,  and 
as  conditions  now  stand,  no  shoe  manufacturer  making  welt  goods 
such  as  are  now  almost  universally  demanded,  can  turn  a  wheel 
or  make  a  pair  of  shoes  without  subscribing  to  their  system,  and 
contributing  an  unreasonable  sum  to  their  profits. 

I  notice  the  attorney-general  would  like  evidence.  There  is 
plenty  of  it  to  be  had,  and  to  the  ordinary  observer,  it  would 
seem  as  if  the  attorney-general  was  the  man  whose  eyes  should 
have  been  oj^en,  and  who  should  have  collected  the  evidence  him- 
self. I  shall  certainly  be  very  glad  to  give  j'ou  any  assistance 
in  (his  direction,  if  you  feel  called  upon  to  gather  evidence  for 
yourself. 

Yours  very  truly, 

Charles  II.  Jones. 

I  sui^i^est  that  you  again  consider  whether  the  law  as 
stated  in  the  letter  of  the  attorney-general  is  effective  to 
meet  the  situation  which  exists. 


[To  the  honorable  senate  and  house  of  representatives,  July  24,  191L] 

Herewith  I  return  without  my  approval  "  An  Act  to 
regulate  the  production,  sale  and  distribution  of  milk," 
and  creating  a  new  and  permanent  commission  for  this 
purpose. 

Under  this  act  the  governor  is  to  appoint  a  board  of  five 
men  having  sole  power  to  enact  laws  regulating  the  pro- 


1278  Speci^^l  Messages. 

duction,  sale  and  distribution  of  milk.  There  is  to  be  no 
appeal  from  their  action,  and  the  board  is  thns  to  be  a 
legislative  body  with  power  to  determine  most  important 
questions  affecting  the  health  of  the  community  and  one 
of  its  most  important  industries. 

By  this  act  an  appointed  board  is  to  design  and  promul- 
gate an  entire  code  of  laws  under  which  the  milk  business 
is  to  be  conducted,  and  from  this  decision  there  is  no 
appeal. 

To  my  mind  it  is  absolutely  wrong  that  the  legislature 
should  abdicate  to  an  appointed  board  the  making  of  laws 
and  regulations  which  vitally  affect  the  public  health  and 
an  important  industry. 

I  do  not  think  the  industries  or  the  health  of  our  com- 
nmnity  should  be  subjected  to  laws  and  regulations  which 
are  drawn  up  by  a  body  of  men  having  no  authority  from 
the  people,  which  the  legislature  has  not  approved,  which 
the  governor  has  no  power  to  veto,  and  in  which  the  people 
as  a  whole  have  no  voice. 

Even  if  it  were  conceivable  that  such  great  powers  should 
be  delegated  by  the  legislature  to  a  board,  it  seems  clear 
that  such  board  having  arbitrary  powers  over  matters  af- 
fecting so  large  a  portion  of  the  community  should  be 
within  easy  reach  of  the  public  demands.  But  the  board 
as  constituted  by  this  act  is  practically  autocratic. 

There  is  a  further  objection  to  this  act.  The  proposed 
board  is  to  delegate  the  enforcement  of  its  laws  to  the  state, 
board  of  health  and  the  local  authorities.  The  state  board 
of  health  is  abundantly  qualified,  in  my  judgment,  to  draw 
up  any  system  of  health  regulation  that  may  be  desirable, 
yet  under  this  act  the  board  of  health  is  given  no  voice  in 
the  matter,  and  has  no  power  except  to  enforce  whatever 
regulations  the  new  commission  may  make. 

Begulations  drawn  up  by  the  proposed  commission  might 
be  found  impracticable  or  oppressive  by  the  board  of  health, 
which,  however,  would  have  no  power  to  modify  them. 

I  am  clearly  of  the  o]nnion  that  the  projiosod  plan  has 
been  misconceived.  The  state  board  of  health  represents 
the  interests  of  the  consumers,  and  the  dairv  bureau  should 
fairly  represent  the  milk  industry.  These  are  the  boards 
which  are  concerned  wilh  the  enforcement  of  milk  laws, 
and  th(y  are,  in  my  judgment,  the  proper  authorities  to  be 
consultetl,  :il though  even  in  such  case  tin  ir  recommenda- 


Special  "IVIessages.  1279 

tions  should  bo  roforrcd  to  the  legislature  before  being 
enforced  throughout  the  state. 

Responsibility  for  law  rests  only  with  the  legislature, 
which  is  responsible  to  the  people.  It  cannot  be  shifted  in 
the  proposed  manner  to  an  appointed  board  in  respect  to 
matters  which  vitally  affect  the  entire  state.  Still  acain 
it  must  be  borne  in  mind  that  unwise  legislation  in  the  past 
is  in  large  part  responsible  for  the  present  rapid  decline  of 
the  Massachusetts  milk  business.  For  example,  under  the 
present  iniquitous  transportation  scheme  large  milk  con- 
tractors are  obtaining  milk  not  from  ]\Iassachusetts  pro- 
ducers, but  to  a  large  extent  from  other  states.  To  remedy 
this  grave  injury  to  an  important  ]\rassachusetts  industry 
rates  should  be  drawn  up  and  enforced,  with  the  co-opera- 
tion of  the  railroad  commissioners,  that  will  be  fair  to 
Massachusetts  farmers. 

To  get  a  pure  milk  supply,  it  is  necessary  to  stimulate 
the  business  within  Massachusetts  to  a  point  where  farmers 
will  again  come  into  the  market  with  large  daily  ship- 
ments. Under  those  conditions  it  will  be  to  their  advantage 
to  maintain  clean  dairies  and  conduct  their  business  on  a 
basis  which  will  give  them  the  largest  price  for  the  best 
product.  With  a  small  output,  such  measures  do  not  appeal 
to  them,  and  thus  impure  milk  gets  mixed  with  the  general 
supply. 

I  am  emphatically  in  favor  of  pure  milk,  produced  in 
Massachusetts  and  sold  at  a  price  that  is  fair  to  both  pro- 
ducer and  consumer. 

Such  results  are  not  to  be  looked  for  from  a  new  commis- 
sion. They  can  be  produced  by  closer  co-operation  between 
the  farmers,  the  state  board  of  health  and  our  agricultural 
department  representing  jointly  the  milk  industry  and  the 
state  as  a  whole. 

By  giving  broader  scope  to  these  two  departments,  a 
satisfactory  solution  can  be  found.  In  view  of  all  the  facts 
I  am  unwilling  to  see  this  exceptionally  ill-advised  commis- 
sion added  to  the  long  list  with  which  the  commonwealth 
is  already  overburdened. 


1280  Special  Messages. 


[To  the  honorable  senate  and  house  of  representatives,  July  24,  1911.] 

Herewith  I  transmit  without  mj  approval  "  A  Resolve 
relative  to  the  construction  by  the  trustees  of  the  Fox- 
borough  state  hospital  of  a  new  hospital  for  dipsomaniacs  ", 
and  calling  for  a  special  appropriation  of  $114,000. 

This  appropriation  is  for  the  purpose  of  commencing 
operations  on  a  new  state  institution  for  the  care  of  ine- 
briates. 

The  general  policy  of  providing  for  inebriates  under  the 
supervision  of  the  commonwealth  is  not  in  debate.  The 
legislature  is  vested  with  the  authority  to  continue  such 
su])ervision  as  it  so  elects. 

But  I  cannot  endorse  the  proposed  Foxborough  project 
as  I  believe  it  represents  an  expense  which  is  wholly  with- 
out justification. 

It  is  proposed  to  erect  and  equip  an  administration  build- 
ing and  a  cottage  at  an  initial  cost  of  $100,000,  and,  mean- 
while, to  provide  quarters  on  two  separate  farms  in  two 
remodelled  farm  buildings  for  thirty-two  inebriates  who 
are  to  cultivate  these  farms. 

As  between  an  institutional  building  and  a  group  of 
small  farm  colonies  I  believe  the  latter  represents  by  far 
the  better  policy. 

Such  farm  colonies  would  seem  to  offer  the  best  condi- 
tions for  restoring  the  inebriates  to  self-respecting  man- 
hood and  womanhood,  and  they  ought  to  be  nearly,  if  not 
quite,  self  supporting. 

It  is  fair  to  say  the  project  is  founded  on  this  belief 
and  that  the  colony  idea  is  to  be  extended  in  this  instance. 
Yet  the  present  request  for  money  precludes  the  hope  that 
such  results  are  to  be  reached.  The  specifications  filed 
with  me  comprise  items  of  maintenance  aggregating  over 
$10.00  per  week  for  each  inmate.  While  the  legislature 
has  slightly  reduced  this  appropriation,  the  plan  as  a  whole 
is  not  conceived  on  a  scale  which  appears  to  include  a 
reasonable  regard  for  public  economy. 

Allowances  might  be  made  for  a  heavy  initial  mainte- 
nance, were  it  not  that  the  present  Foxborough  institution 
is,  and  has  been,  one  of  the  least  economically  aihuinistered 
of  all  our  state  institutions.  Hence,  it  is  necessarily  con- 
cluded that  the  projwsed  inebriate  institution  and  colonies 
would  also  represent  excessive  costs. 


Special  Messages.  1281 

For  example,  the  investment  per  patient  at  Foxborough, 
is  $1,280.  This  is  greatly  in  excess  of  the  investments  at 
Taunton,  Westborough,  .N^orthampton,  Worcester  and 
Medfield  asylums,  Gardner  and  Monson. 

At  Foxborough.  the  costs  of  administration  are  over 
$44.00  per  patient  per  annum  as  against  $19.70  at  the 
Worcester  hospital,  $21.00  at  Northampton,  $23.50  at 
Danvers.  Even  the  Boston  hospital  with  its  excessive 
costs  comprises  an  item  of  only  $35.50  for  administration. 

At  Foxborough  the  annual  cost  per  patient  is  greatly  in 
excess  of  the  average  of  the  other  institutions  under  the 
state  board  of  insanity.  This  average  is  $90.00  per  annum 
and  the  cost  at  Foxborough  is  $112.00. 

Furthermore,  this  proposed  plan  for  inebriates  is,  in  my 
judgment,  an  experiment,  and  as  such,  it  appears  to  me 
to  be  most  unwise  to  try  this  costly  experiment  at  an  insti- 
tution which  is  signally  marked  for  its  high  per  capita 
costs. 

The  two  farms,  each  with  its  nurses,  attendants  and 
domestic  help,  and  together  forming  the  nucleus  of  this 
experiment,  would  cost  at  the  rate  of  $14,000  for  this  year, 
and,  in  my  judgment,  this  venture  in  itself  would  be  a 
moderate  one.  In  fact  it  would  have  been  merely  good 
business  sense  to  establish  one  or  both  of  these  farms  as 
proposed  and  give  a  year's  time  to  testing  the  success  of  the 
colony  plan  for  the  inebriates. 

Nevertheless,  a  request  for  institutional  buildings  with 
equipment  aggregating  $100,000  is  added  on. 

So  far  as  I  am  concerned  in  the  matter,  the  project  must 
proceed  more  conservatively.  Houses  of  low  per  capita 
cost  should  be  provided  and  reasonable  time  given  for  a 
demonstration  for  the  project  on  a  small  scale  before  it  is 
placed  on  the  larger  basis  which  this  resolve  with  its  appro- 
priation of  $114,000  contemplates. 

[To  the  honorable  senate  and  house  of  representatives,  July  24,  1911.] 

Herewith  I  return  without  my  approval  the  act  entitled 
"  An  Act  relative  to  party  enrolment  under  the  laws  pro- 
viding for  the  direct  nomination  of  candidates  ",  which  in 
fact  provides  that  the  enrolment  existing  under  the  pre- 
vious joint  primary  act  shall  be  continued. 

For  the  first  time  in  the  history  of  the  commonwealth  a 
uniform  method  for  the  nomination  of  candidates  of  politi- 


1282  Special  Messages. 

cal  parties  by  direct  vote  has  been  provided.  This  was 
accomplished  by  the  passage  of  what  is  now  chapter  550 
of  the  acts  of  1911.  By  the  terms  of  that  act  (Section 
13)  enrohiient  of  all  the  voters  in  the  primaries  of  any  of 
the  political  parties  is  distinctly  and  clearly  provided  for. 

There  are  33  cities  and  321  towns  in  the  commonwealth. 
Out  of  that  number  13  cities  and  2  towns  have  an  enrol- 
ment under  the  provisions  of  the  joint  primary  act.  In 
319  towns  and  21  cities  no  such  enrolment  exists. 

I  believe  that  it  is  most  desirable  that  there  should  be  a 
uniformity  of  system  existing  under  this  new  legislation 
throughout  the  entire  commonwealth. 

I  see  no  valid  reason  or  excuse  for  excepting  the  12  cities 
and  2  towns  from  the  provisions  for  enrolment  contained  in 
the  new  direct  primary  law,  especially  as  many  of  the  enrol- 
ments in  such  cities  and  towns  under  the  former  act  were 
made  in  town  or  municipal  primaries  in  which  no  state 
issues  were  involved. 

In  my  judgment  it  is  better  in  the  face  of  this  new 
departure  from  existing  political  conditions,  that  all  the 
voters  of  the  commonwealth  should  start  fresh  and  new  and 
that  an  opportunity  should  be  given  to  each  voter  in  the 
commonwealth  to  enrol  himself  with  whatever  party  he 
desires. 


S!5 


5- 

o 

O 


1) 


S-. 


o 
O 

s 


^     4—1 


CO      ^ 

?5,    S 


o 


5~ 

•to 


CO          1 

1      ^ 

C<1 

OS 

■*         !>-           1          -^ 

1 

t-    0 

OS 

6 

0 

«o 

OS 

00 

*-H           OS                          t-* 

t^    t^ 

0 

00 

CO 

t-*        C^                     CO 

•"i    0 

1—1 

M 

■*     10 

H 
O 

«-i     1— t 

> 

0        I 

1         1       t^ 

■* 

CO 

OS        OS          1         0 

1 

—1         (M 

10 

m 

5      • 

V-    •      t^ 

OS 

0 

CO       CO       -t—       »o 

» 

00        CO 

t^ 

0) 

CO 

<M 

50        ■*                     to 

to       -< 

1^ 

CO 

CO 

ci'      .-<■                ■* 

■*         'l"" 

0      0 

0     0      0 

0 

0 

0000 

0 

0         0 

0 

1-H           1— H 

t— 1       '— '       '— ' 

»— 1 

.— 1              T-H              .— 1              r-H 

CT>        OS 

OS         Oi         <3^ 

OS 

OS 

OS         OS         OS        OS 

OS 

S        OS 

OS 

"o  d 

r^              T-H 

^ 

'^    '^.   '^    ""!. 

<o.° 

^      -l,^ 

0      ir^"      00 

00 

00 

00       00       c^      ^ 

s 

co"      co" 

to 

■*^   -«-A 

(M 

IM         <-l 

(M         -H 

CO 

C!3   O 

Q< 

t.^            >1 

a      '^     i 

S        3        0 

> 

> 

C 

a       6 

_>. 

C3        03 

0 

0 

cS 

0       0 

"3 

S       S 

►?       ^       ^ 

2 

■z 

s 

Q     Q 

;er  to  supply  itself  and  its  in- 
,m  of  money  to  Mary  A.  Dono- 

icipal  year  in  the  city 

of  Springfield  to  grant 

.     [Ch.  507.1 

542.1     .... 

CO 
(M 

ja 

0 

d" 
3 

0 

a 
0 

& 
z 

Chelsea  and  the  town 
Chelsea  and  the  town 
fire  department  of  the 

i2.lt         .... 

i 

ja 
0 

3 

g 

if  the  city  of  Worcester 
er.     [Ch.  250.1 

CO 
CO 

3 

he  mun 

he  city 
control, 
'.     [Ch. 

2; 

0 

>> 
•3 

city  of 

city  of 

3  of  the 

[Ch.  60 

0 
>> 

'3 

mayor  c 
Worcesti 

!st  Bridgewat 
n  to  pay  a  su 

*a        +^   t-   -^s 

+j 

Q       0       t: 

ja 

a 
& 
2 

0, 
J3 
.I.S 

o 

< 

'o 
— 

ion  and 

oners  of 
nder  thei 
of  Beverl 

•3 

0 

E 

m 
0 

nts  of  th 
nts  of  th 
f  membe: 
of  Lynn. 

.9 

office  of  the 
f  the  city  of 

municipal  elect 

e  park  commissi 
i^ilegea  in  land  u 
arter  of  the  city 

1 

a 

■| 
k< 

<0 

0 

"0 

> 

0 

a 

<B          0)          0          ^ 

a    a   ^  .t 

!s 

.2 

e  town  of  We 

[Ch.  138.1 
city  of  Boato 

a 
a 

8 

1 
0 

police  depart 

police  depart 

the  retiremen 

[Ch.  196.1 
arter  of  the  c: 

0 

a 

0 
0 

D5- 

,  the  term  of 
Ch.  239.1 
city  council  0 

>> 

"a 
ft 
3 

m 

2 

)rize  th 
water. 

rize  the 
1 

to  the 
Ch.  136 
)rize  th 
md  pri' 

the  chi 

tn 
aj 

.3 
.^ 

0 

aj 

(0 

0 

to  the 
h.  444.1 
to  the 
h.  444.) 
de  for 
edford. 
1  the  ch 

1 

2 

de  that 
ears.     1' 
to  the  ' 

C3 
0, 

•> 
0 

ft 

authc 
s  with 
authoi 
h.  435, 
lative 

authc 
ights  £ 
revise 

0 
> 

.5 

> 

relative 
vere.     [C 

relative 
vere.     |C 

to  provi 
if  New  B. 

to  revise 

0 
> 

C3 

provi 

two  yi 
lative 

S|oO£_|o^o 

■3 

£ 

2_§£ 

2 

■^  s  ^ 

4^  0  *^-~i  ij 

.^ 

.►5  a,  *^  03  *^  0  .ij 

.»j 

-4^            -4^ 

.fci 

o.1aS    .  Ohri  0  a  a 

0 
< 

0 

o«j  OaJ  a  ^  0 

0 

0 

a-^  d  ^  d  0  a  0  a 

a 

3 

3'o  3*0  a'S  a 

a 

a  m  3 

a 

<     < 

<«     «<     < 

< 

<; 

<     <     <     < 

<t; 

■<      < 

"Il 

-a 

1      d- 

.       . 

■ 

.       .       .       . 

■         • 

• 

<u 

1     1 

> 

_ 

•3 
0 
0 

S    1 

-3     « 

-13 

•    .0 

. 

(-1 

elsea, 
evere, 
wBedl 
nn, 

tT       fcj 

>> 

a 

M  -a 

s  :s  ^ 

a 

3" 

a 

rceste 
rceste 

3 

0 

a 
2 

s   0 

Holyol 
Spring 
Beverl 

2 

2 

Si 

^.  ^ 

0 

•z 

■^      K     3      >> 
0        .     Z     J 

c3 

1     1 

S 

-a  0 

M       M       M 

^" 

^ 

.     M        -       - 

ji 

J"    ^ 

0 

h 

s  .1 

1-1        t.<        M 
a      a      0 

t4 

a) 

kl              <U              bH              ^ 

0)      ft       (U       a> 

_2 

S     .2 

000 

0 

0 

3^00 
^      1      ^     ^ 

0 

0     0 

a 

>>      >i      >> 

>, 

>> 

>s 

>.     >. 

fe 

4.3      -^      .^ 

.^ 

.M 

*^ 

-4^          -^ 

0 

0        tn 

.^                   0                .-H                .— 

H     ■< 

000 

G 

0 

0     H     0     0 

0 

b   b 

H 

-Ts 

CO       10 

cvi       0       ^^ 

>o 

>o 

00        (M        ^         10 

in 

OS         Ci 

CO 

d  a 

C^         — 4         ^^ 

1—1 

»-(           »H           ,-H           fH 

rH 

T-i                 1— t 

<N 

June 
Aug. 
Nov. 

> 

> 

>      6      0      6 

0 

0      0 

c5 

■f4   0 

rt   ft       03 

0 

0 

0      a      a      a 

OJ 

o       0 

0 

<  s 

2 

•Z, 

25    Q    Q    Q 

Q 

Q    P 

Q 

CHARGE  OF  NAMES 


CHANGE   OF  KAMES   OF  PERSOIS^S. 


In  compliance  with  the  requirement  of  the  Revised  Laws,  chapter  loi, 
section  14,  the  returns  of  the  followino;  Chanjyes  of  Names  have  been  received 
in  the  office  of  the  Secretary  of  the  Commonwealth,  as  decreed  by  the  several 
Probate  Courts  of  the  Commonwealth  in  their  respective  counties :  — 


BARNSTABLE  COUNTY. 


Date  of 
Decree. 


Original  Name. 


Name  Decreed. 


Residence. 


1910. 

Feb.       8 

16 

April      5 

July      12 
12 

Oct.       4 


Daniel  Charles  McCart,* 

* 

»  ... 

William  Franklin  Huntley, 
William  F.  Burgess,* 

Bertelle  F.  Worthing,     . 

Elizabeth  Beatrice  Abbott, 
Phinney,     . 

Jessie  Kelley, 


alias 
alias 


Daniel  Charles  Marston, 
Nellie  May  Francis  Dixon, 

William  Franklin  Randall, 
Frank  Bertelle  Worthing, 

Elizabeth  Beatrice  Gibbs, 
Jessie  Cowan, 


Medford. 
Barnstable. 

Falmouth. 
Chatham. 

Bourne. 
Falmouth. 


BERKSHIRE  COUNTY. 


Jan. 

22 

22 

28 

Feb. 

26 

Mar. 

7 

15 

17 

April 

5 

8 

27 

May 

10 

27 

July 

8 

Aug. 

8 

Sept. 

13 

16 

16 

Oct. 

6 

Dec. 

31 

Frank  S.  Higham,* 
Helen  M.  Higham,* 
George  Christene  Drostgard, 
Florence  Beatrice  Andrews,* 
Mary  Pratt,* 
Loretta  Holden,*  . 
Irene  May  Morissey,* 
James  L.  Scott,*    . 
Blanche  Regan,*  . 
Orila  Therien,* 
Eunice  B.  Rusaell,* 
Myron  Whiting  Cook,* 
Audrey  Gertrude  Hubbard, 
Marion  Elizabeth  Stanard,* 
Gladys  Louise  Bentley,* 
Gladys  Ferry,* 
Rose  Kelly,*  , 

Richard  E.  Kent,* 
Claude  A.  Bardin,* 


Frank  Stevens  Pohorecki, 
Helen  Mary  Pohorecki, 
George  Einar  Seasons, 
Florence  Beatrice  Champaj 
Mary  Luella  Holmes,  . 
Loretta  Roy, 
Irene  May  Walker, 
Floyd  James  Barber,   . 
Blanche  Katlileen  Lyons, 
Orila  O'Rell, 
Dorothy  Irene  Stevens, 
Myron  Joseph  Whiting, 
Audrey  Gertrude  Rice, 
Marion  Elizabeth  Anson, 
Gladys  Bentley  Carmel, 
Gladys  Mae  King, 
Florence  Helen  Train, 
Richard  E.  Kent  Lucius, 
Claude  A.  Goodell, 


Great  Barrington. 

Great  Barrington. 

North  Adams. 

North  Adams. 

Lenox. 

North  Adams. 

North  Adams. 

Hancock. 

North  Adams. 

Williamstown. 

North  Adams. 

Pittsfield. 

North  Adams. 

Great  Barrington. 

Hinsdale. 

Pittsfield. 

Pittsfield. 

North  Adams. 

Becket. 


BRISTOL  COUNTY. 


Jan. 

21 

Feb. 

4 

18 

18 

Mar. 

18 

April 

15 

15 

May 

6 

13 

Howard  Stevens  Burns, 
Elizabeth  Maloney,* 
Laura  Cote,* 
Florida  Charrette,* 
Jim  Karavona,*     . 
Ethel  Leaver,* 
Edward  Entwistal, 
Marion  Katzman,* 
Edith  Dorothy  Ertel,* 


Howard  Sturgis  Ireland, 
Frances  Myrtle  Carpenter, 
Laura  Carrier, 
Florida  Carrier,    . 
John  Peter  Lores, 
Ethel  Hager, 
Edward  McGowen, 
Marion  Workoff,  . 
Rosanna  Perry,    . 


Providence,  R.  I. 
Fall  River. 
Fall  River. 
Fall  River. 
New  Bedford. 
Attleborough. 
New  Bedford. 
Fall  River. 
Boston. 


*  Changed  by  reason  of  adoption. 


1288 


Change  of  ^ames. 


BRISTOL  COUNTY  — Concluded. 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1910. 
June      3 

Carl  Anthony  Ward,*   . 

Carnig  A.  Marcarian,  . 

Taunton. 

3 

Editli  LevesQue,' 

Edith  Day, 

Fall  River. 

17 

Annie  L.  Fairbairn,* 

Annie  L.  Riley,    . 

Taunton. 

July 

1 

1 

Marvis  Aldea  Woodard,* 
Beatrice  Sanspitier,* 

Marvis  Alden  Beaman, 
Beatrice  Leclerc, 

Taunton. 
Fall  River. 

Aug. 

5 
5 
5 

Theodore  Chapman,*    . 
Imelda  Dion,* 
Abraham  Noger, 

Walter  Nathaniel  Anderson 
Imelda  Arsenauit, 
Abraham  Nager, 

• 

Somerville. 
Fall  River. 
Fall  River. 

Sept. 

9 

9 

16 

John  Howard  Staples,* 
Mary  Emeline  Staples,* 
Thomas  Logan,*    . 

John  Howard  Moriarty, 
Mary  Moriarty,    . 
Kenneth  Delano, 

Providence,  R.  I. 
Providence,  R.  I. 
Dighton. 

Oct. 

7 
21 

Doris  Beal,*  . 

Sucy  Palmer  Livesey,  . 

Doris  Yates, 
Sucy  Palmer, 

Fall  River. 
New  Bedford. 

Nov. 

11 
11 

IS 

Dorothy  Mackintosh,* 
Philomene  Ayotte,* 
Leslie  K.  DeLong,* 

Dorothy  Alice  Seyboth, 
Rosalie  Charland, 
William  Leslie  Barlow, 

Attleborough. 
Attleborough. 
Boston. 

Dec. 

,  2 

0 

Charles  Andrew  Duncan,* 
Lillian  Coco  or  Koko,* 

Charles  Andrew  McLean, 
Dorothy  Frances  Angell, 

Seekonk. 
Gardner. 

2 

Pauline  Wilson,*    . 

Pauline  Josephine  McWilliam, 

Mansfield. 

9 

Eva  May  Howson,* 

Eva  May  Greenwood, 

New  Bedford. 

COUNTY  OF  DUKES  COUNTY. 


May     11 


Ruth  Jewett, 


Ruth  Lucas  Look, 


Tisbury. 


ESSEX  COUNTY. 


Jan.       3 

Revaka  Atune,*    .... 

Elpis  Athanaseos  Pappadopulos, 

Lynn. 

3 

Robert  Ilakowsky, 

Robert  Rogers 

Salem. 

6 

Cassie  Horning,*  .... 

Flora  Jenkins  Whittier, 

Lynn. 

13 

Arthur  Labbe,*      .... 

Arthur  Garrant,  .... 

Lawrence. 

17 

Rose  Cullen,*        .... 

Myrtle  Mary  Brown,  . 

Boston. 

17 

Ruth  May  Rash,  otherwise  called 

Ruth  May  Pringle,*  . 

Ruth  Elizabeth  Campbell, 

Boston. 

27 

Veronica  Smith 

Mary  Veronica  Sheehan, 

Manchester. 

Feb.      3 

Irene  Frances  McGuinness,* 

Irene  Frances  Wilson, 

Lawrence. 

7 

Josephine  Marguerite  Foster,* 

Cora  Ella  Butrick, 

Pembroke,  N.  II. 

14 

Harry  Leroy  Adams,*  . 

Harry  Leroy  Foster,    . 

Haverhill. 

14 

Madeline  Kowolsky,*    . 

Minnie  Michalovitz,     . 

Boston. 

14 

Rachel  Shapiro,*  .         .         .         • 

Rachel  Salomon, 

Boston. 

14 

Young  Viktor  Heikkila,  otherwise 
Young      Viktor      Hendrickson, 
otherwise   John    Viktor    Hend- 

rickson,*      

John  Victor  Austin,     . 

Gardner. 

17 

Lottie  A.  Dearborn, 

Lottie  Alice  Ladd, 

Newburyport. 

21 

Grace  Bates,* 

Helen  Marston  Rhodes, 

Boston. 

21 

Katherine  Deady,* 

Leslie  Margaret  Spence, 

Beverly. 

2S 

Hortense  McDonald,*  . 

Hortense  Mahoney, 

Lawrence. 

Mar.      3 

Jennie  F.  Blood,    . 

Jane  Blood,           .... 

Lynn. 

3 

Dorothy  I.  Breyer, 

Dorothy  Irene  Cormier, 

Lynn. 

3 

Ellen  Elizabeth  Cowx,* 

Ellen  Elizabeth  Brailsford, 

Lawrence. 

10 

Mary  Miettiner,*  . 

Elsie  Annie  Lusraore, 

Lawrence. 

17 

Charles  Wesley  Eaton,* 

Charles  Wesley  Low,  . 

Peabody. 

21 

Gladys  May  Hale,* 

Gladys  May  Parker,    . 

Saugus. 

April     4 

Anna  Mary  Aufort,* 

Muriel  Annette  Underwood, 

Cambridge. 

4 

Millicent  Ivy  Fane,* 

Iva  Florence  Chase,     . 

Boston. 

4 

Annie  J.  Mellody,* 

Pauline  Bray,       ._       . 

New  Bedford. 

14 

James  Forrest  Smart,* 

James  Forrest  Smith, 

Lawrence. 

18 

Samuel  Edward  Fox,    . 

Samuel  Edward  Palmer,     . 

Lynn. 

25 

June  Bowen,* 

June  George,         .... 

Boston. 

25 

Henry  Samuel  Alpert,* 

Henry  Samuel  Jones,  . 

Danvera. 

*  Changed  by  reason  of  adoption. 


Change  of  Names. 


1289 


ESSEX  COUNTY— Concluded. 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1910. 

May      2 

Catherine  Murphy,*      . 

Catherine  Russell, 

Salem. 

9 

Margaret  F.  McNulty,* 

Margaret  Frances  Moriarty, 

Peabody. 

9 

Edwin  Bowley  Nichols,* 

Edwin  Bowley  Whipple, 

Salem. 

12 

Margaret  Helen  GrilEn,* 

Margaret  Swift,    .... 

Salem. 

16 

Ruth  Wall,* 

Ruth  Mildred  Webster, 

Lynn. 

19 

Stuart  Glsndye,*  .        .•       .        . 

Stuart  Glendye  Edington, 

Lawrence. 

19 

Randolph  Shattuck,*    . 

George  Andrew  MacKeoun  Musso, 

Lynn. 

23 

Carrie  P.  Goodwin,* 

Carrie  Pauline  Goodwin  Nelson, 

Georgetown. 

23 

Mary  Elizabeth  Carr,    . 

Mary  Elizabeth  Dunn, 

Newburyport. 

23 

.^nnie  W.  Wylie,*  .... 

Annie  Wylie  Taylor,    . 

Boxford. 

31 

Faustina  Clare  Lufkin,* 

Faustina  Clare  Wonson, 

Gloucester. 

June 

6 

William  Dembofsky,     . 

William  Dane,      .... 

Salem. 

6 

Frank  Palacrewski, 

Frank  Parks 

Lynn. 

6 

Celia  Palscrewski, 

Celia  Parks 

Lynn. 

6 

Mary  Palscrewski, 

Mary  Parks,          .... 

Lynn. 

6 

Annie  Palscrewski, 

Annie  Parks,         .         .         . 

Lynn. 

6 

Artena  Celia  Palscrewski, 

Artena  Celia  Parks,     . 

Lynn. 

6 

Frank  John  Palscrewski, 

Frank  John  Parks,       .     _    . 

Lynn. 

6 

Emma  Foster  Dingle,* 

Emma  Foster  Hill,      .     "    . 

Danvers. 

6 

Theresa  Doe,*        .... 

Ethel  May  Littlefield, 

Haverhill. 

20 

Dorothy  Lucie  Snow,* 

Dorothy  Lucie  Smith, 

Salem. 

27 

Mary  Eileen  O'Keefe,* 

Irene  Blanche  La  May, 

Salem. 

July 

5 

Donald  Studley,* 

Basil  Studley  Kinson, 

Rockland. 

14 

Mary  Owens,*        .... 

Mary  Castle,        .... 

Methuen. 

21 

Fred  Fay,* 

Rudolph  Alfred  Burroughs, 

Springfield. 

25 

Mellio  Comeau,*    .... 

Nellie  Julienne  Gatro, 

Lynn. 

25 

Mary  Frances  Jedrey,* 

Joanna  McCoubrey,     . 

Gloucester. 

Aug. 

8 

Lucy  Adeline  Arnott,* 

Marion  Adeline  Miller, 

Newburyport. 

Sept. 

6 

Frederick  Gordon  Allen,*     . 

Frederick  Gordon  Allen  Foster, 

Lynn. 

6 

Catherine  McCarthy,*  . 

Catherine  Carroll, 

Salem. 

6 

Byron  Clifton  Pillsbury,*     . 

Byron  Clifton  Rogers, 

Newbury. 

12 

Johnson,*    .... 

Irving  Franklin  Lewis, 

Leominster. 

15 

Violet  Marie  Maple,* 

Violet  Marie  Perry, 

Lynn. 

Oct. 

17 

Sarah  Y.  De  Normandie, 

Sylvia  Yardley  DeNormandie,  . 

Danvers. 

20 

Charles  Leroy  Jennings,' 

Charles  Leroy  Jennings  Ward,    . 

Lawrence. 

31 

Edith  Frances  Graham,* 

Doris  Katherine  Bushey,    . 

Boston. 

31 

Ruth  Heals,*          .... 

Ruth  Alma  Trautvetter,     . 

Boston. 

Nov. 

U 

Marion  Eadie,*      .... 

Marion  Birtles,     .... 

Boston. 

14 

Alice  Dorothy  Kenison,* 

Marion  Dorothy  Haley, 

Boston. 

21 

Samuel  J.  Conner,* 

Clayton  Frank  Foster, 

Lynn. 

21 

Ruth  Keith,*         .... 

Rosalind  Frances  Newhall, 

Clinton. 

28 

Jennie  May  Hannabell, 

Jeannette  May  Hannabell, 

Manchester. 

Dec. 

5 

Florence  Carrie  May  Hill,*  . 

Florence  Carrie  May  Hill  Brann, 

Nahant. 

5 

Mabel  Frances  Berwick, 

Mabel  Frances  Currier, 

Amesbury. 

8 

Ruth  Jestine  Richards,* 

Ruth  Jestine  Nutter,  . 

Peabody. 

15 

Edward  Noonan,* 

John  Edward  Beaton, 

Newburyport. 

22 

Nancy  Downs,*     .... 

Ethel  Little  Knight,    . 

New  York,  N.  Y. 

29 

Clarence  Pillsbury,* 

Clarence  Pillsbury  May, 

Andover. 

FRANKLIN  COUNTY. 


Feb. 

1 

15 

May 

17 

17 

17 

June 

7 

21 

July 

19 

Sept. 

6 

Oct. 

28 

Nov. 

15 

15 

Francis  Joseph  Casey,* 
Harriet  Nelson  Brown,* 
Isabel  Pease,* 
Ralph  Clark,* 
Janet  Andrews  Homan,* 
Margaret  Pearl  Snook,* 
Irene  Ryan,* 
Harold  Leonard  Nilson,* 
James  Tyler,* 
Nathalie  Mae  Thorpe,* 
Louis  Henry  Johnson,* 
Josef  Karabowski,* 


Francis  Joseph  Troka, 
Harriet  Frances  Kellogg, 
Isabel  O'Brien,     . 
Ralph  Emmons  Gould, 
Janet  Andrews  Day,    . 
Margaret  Pearl  Richards, 
Ruth  Irene  McNeil,     . 
Harold  Leonard  Larson, 
Walter  Adelbert  Bates, 
Nathalie  May  Carr,     . 
Louis  Henry  May, 
Josef  Rozicki, 


Greenfield. 

Northfield. 

Bernardston. 

Montague. 

Montague. 

Rowe. 

Buckland. 

Orange. 

Conway. 

Northfield. 

Deerfield. 

Sunderland. 


Changed  by  reason  of  adoption. 


1290 


Change  of  JS^ames. 


H.\MPDEN   COUNTY. 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1910. 

Jan.      12 

Agnes  Dumais,*    .... 

Josephine  May  Donnelly,    . 

Springfield. 

Feb.       2 

Charles  Howard,* 

Homer  John  Drumm, 

Russell. 

16 

VVaunita  Evans  Shaw,* 

Zelda  Frank  Kenfield, 

Chicopee. 

Mar.       2 

Marion  Brooks,*    .... 

Marion  Everline  Cleaveland, 

Springfield. 

2 

Bertha  Louise  Ellis,* 

Ruth  Opal  Clark, 

Springfield. 

10 

Harold  Cook,*       .... 

Theodore  Farnham  Loeb,   . 

Springfield. 

16 

Mary  Geran,*        .... 

Mary  Mildred  Stroshine, 

Holyoke. 

April    20 

Paul  Schindler,*    .... 

Paul  Preiss,          .... 

Holyoke. 

May       4 

Mabel  Pierce 

Mabel  Sanderson, 

Springfield. 

July       6 

Doris  Marie  Bosley,*     . 

Doris  Marie  Lesse, 

Westfield._ 

6 

Mary  Morton,*      .... 

Vera  Mildred  Murray, 

Lincoln,  Vt. 

20 

Margaret  Crane,*  .... 

Elizabeth  Leonard  Allen,    . 

Holyoke. 

20 

Madeline  Mary  Ryan,* 

Madeline  Mary  Long, 

Springfield. 

Sept.      7 

Clifford  E.  McClintook,*       . 

Harold  Gordon  Hawkins,  . 

Westfield. 

7 

Hymon  Sepovechky,     . 

Hymon  Lepovetsky,    . 

Springfield. 

7 

Anna  Alice  Sartini,*      . 

Anna  Alice  Lotti, 

Holyoke. 

7 

Raymond  Lloyd  Smith,* 

Raymond  Lloyd  Conley,    . 

Springfield. 

7 

Charles  Sweeney,* 

Martin  Rudolf  Theuer, 

Springfield. 

Oct.     19 

Beatrice  Bailey,*  .... 

Barbara  Katharine  Legein, 

Springfield. 

19 

Alfred  Laing,*       .... 

Alfred  Laing  Ganahl, 

Springfield. 

19 

Madeline  Mary  Long,* 

Madeline  Mary  Ryan, 

Springfield. 

Dec.      7 

Paul ,  ..... 

Paul  Edwin  Bull  Levy, 

Springfield. 

7 

Margaret  White,*  .... 

Mary  Emma  Rhoads, 

Springfield. 

7 

Albert  Berard,*     .... 

Albert  Roberts,    .... 

West  Springfield. 

21 

Annie  Dempsey,* 

Anna  Maria  Conniff,   . 

Westfield. 

HAMPS 

HIRE  COUNTY. 

Mar.       1 

Louise  May  Giles,* 

Louise  May  Wright,     . 

Chesterfield. 

April      5 

Alden  Spellman,* 

Alden  Allen  Mason,     . 

Northampton. 

May      10 

Leslie  P.  Roche,*  .... 

Forrest  Everett  Graves, 

Hatfield. 

June       7 

Marjorie  Spellman,* 

Marjorie  Spellman  Mason,  . 

Northampton. 

July       5 

Ida  Hoffman,*       .... 

Ida  Charter,         .... 

Easthampton. 

Sept.      6 

Daniel  Knott,*      .... 

Donald  M.  Gurney,     .         . 

Cummington. 

Oct.        4 

Henrietta  Abby  Moreau, 

Henrietta  Abby  Pettingill, 

Cummington. 

11 

Francis     Nutting,    alias    Joseph 
Francis   Nutting,  and  Michael 

Francis  Nutting, 

Joseph  Francis  Nutting, 

Easthampton. 

Nov.      1 

Clara  Augusta  Dorr,  _  . 

Clara  Augusta  Harris, 

Easthampton. 

1 

Irving  Webber,  sometimes  known 

as  Roscoe  Irving  Webber, 

Roscoe  Irving  Webber, 

Northampton. 

9 

Irene  Maud  MuUin,* 

Irene  Maud  O'Connor, 

Northampton. 

Dec.       6 

Herman  W.  Gaudette,* 

Herman  Wilfred  Bidor, 

Huntington. 

MIDDL 

ESEX  COUNTY. 

Jan.        5 

Frederick  Irving  Denny,*     . 

Frederick  Irving  Taylor, 

Concord. 

6 

Sarah  May  Mohan,* 

Sarah  May  Metevear, 

Stoneham. 

11 

Grace  E.  Sullivan, 

Grace  E.  Hayward, 

Newton. 

11 

Dorothy  R.  Sullivan,    . 

Marjorie  Havward, 

Newton. 

17 

Alice  E.  Gibson,* 

Alice  E.  Allen,      .... 

Somerville. 

20 

Arthur  Warren  Emanuel  Farrlng- 

ton,* 

.\rthur   Warren    Emanuel    Con- 

nearney 

Somerville. 

28 

George  Anson  Dyer,  Jr.,* 

Edward  Rowland  Eaton,    . 

Marlborough. 

28 

Hazel  Alice  Dyer,* 

Hazel  Goraldino  Eaton, 

Marlborough. 

31 

William  Ray,*        .... 

Carl  Newton  Lang, 

Newton. 

Feb.       4 

Michael  E.  Gordon,* 

Edward  Murray, 

Boston. 

7 

Allan  Gunnar  Erikson,* 

Allan  Gunnar  Granfelt, 

Cambridge. 

Changed  by  reason  of  adoption. 


Change  of  Kames. 


1291 


MIDDLESEX  COUNTY  —  Continued. 


Date  of 
Decree. 


Original  Name. 


Name  Decreed. 


Residence. 


1910 

Feb. 


17 

18 

28 

4 

8 

8 

14 

29 

4 

4 

4 

5 

6 

5 

5 

15 

18 

18 

21 

25 

25 

26 

27 

4 

4 

12 

13 

17 

17 

18 

19 

26 

27 

27 

1 

2 

3 

3 

8 

24 

27 

29 

29 

1 

11 
11 

11 
11 
11 
11 
19 
19 
19 
25 


25 
26 
27 
Sept.  12 
13 
15 
16 
16 
19 
20 
20 


Evelyn  Walker,*    . 
Henry  K.  Phelps,* 
Harriet  Lilla  Reed,* 
Howard  William  Rose,* 
Minnie  Mabel  Johnson,* 
Robert  Samuel  Kimball, 
Marie  Lynskey,*   . 
Nathalie  Ruth  Mabel  Smith,* 
Eleanor  May  Edgecomb,*     . 
Edward  Golden,' 
Benjamin  Herschcovitch, 
Eugene  Alexander   Crowee,  alias 

Eugene  Tippett,* 
Cecil  Vincent  Clark,* 
Iva  Maud  Gavel,* 
Alexander  Goldstein, 
Emma  Elizabeth  Hearsey  Beckett, 
John  Silas  Rollins, 
Mary  Bailey  Clisby, 
Mary  E.  Anderson,* 
Katherine  Sangalier,*    . 
Alfred  A.  Jameson, 
Otto  Waldemar  Swenson, 
John  Lawrence  White,* 
Catherine  Agnes  Morgan,* 
Rosalie  M.  O'Connell,* 
Audrey  I.  Richards,*    . 
Alice  Mary  Marshall,*  . 
Mary  Pauline  Roche,*  . 
Adeline  Kaye,* 
Chester  Ray  MacDonald,* 
Dorothy  Bessie  Eastman,* 
Georgiana  Devlin,* 
Mary  Parry,* 
Edith  Simpson,*  . 
Mary  Ellen  Slocum,* 
Peter  Robert  Henry, 
Philys  Ruth  Hamm,* 
Brenton  Smith,*    . 
Frances  Morris,*    . 
Florence  E.  Tyler, 
Walter  Scott, 
Mary  Zozosky,*     . 
Evelyn  Iviesling,* 
Marguerite  Burgess,* 
Eleanor  Adams,*  . 
Carroll  Joseph  Bagley,  alias  Carroll 

Toole,  alias  O'Toole,* 
Frederick  B.  Barham,* 
Geraldine  Frances  St.  Germain, 
Walter  L.  Gate,*    . 
Davis  T.  Tanton, 
Harry  Stanley  Lawrance,*    . 
Frederick  Joseph  Corcoran,* 
Bismarck  Henderson,    . 
Margarite    Josephine    Foss,    alias 

Marguerite  Andrews,* 
Nora  Riordan,* 
Paul  Vincent  Anderson,* 
Bertha  Russell  Bettle,* 
Alice  Lenor  Olson,* 
George  Sweetser,* 
Virginia  Spindei,* 
Milton  Leroy  Shepherd,* 
Raymond  Wentworth  VVills,* 
Richard  Barry,*    . 
Joseph  Ovila  Arthur  Brunelle,* 
Yervant  Hentigian,*     . 


Barbara  Newell,  . 
Charles  Henry  Kelsey, 
Harriet  Lillian  Burnham, 
Howard  William  Wilson, 
Minnie  Mabel  Valentine, 
Robert  Edes  Kimball, 
Margaret  Mary  White, 
Nathalie  Ruth  Calnan, 
Eleanor  May  Lyman, 
Edward  H.  Carter, 
Benjamin  Hirsch, 


Eugene  Alexander  Tippett, 
Harry  Vincent  Travers, 
Iva  Gavel  Corson, 
Alexander  G.  Gould,   . 
Emma  Elizabeth  Hearsey, 
John  Rollins  Bailey,    . 
Mary  Etta  Bailey, 
Mary  Elizabeth  Les  Carbeau, 
Katherine  Elizabeth  Marhar, 
Alfred  A.  Clough, 
Waldemar  Stewart, 
John  Lawrence  Doucet, 
Catherine  Agnes  Shinners, 
Alice  Peterson,     . 
Audrey  May  Oilman, 
Alice  Mary  Halligan,  . 
Mary  Pauline  Vance,  . 
Adeline  Bax, 
Richard  Henry  Greilach, 
Dorothy  Bessie  McLean, 
Georgiana  Seeley, 
Marion  Emengene  Burhoe, 
Edith  Mildred  Hansen, 
Nettie  Talbot  Stevens, 
Robert  Henry,     . 
Philys  Ruth  McQuinn, 
Roy  Brenton  McAloney, 
Margaret  Le  Clear, 
Florence  E.  Plummer, 
Walter  Tarbox,     . 
Frances  Catherine  Fielding, 
Evelyn  Hopf, 
Margaret  Burgess  Ives, 
Claire  Rucker,     . 

Joseph  Carroll  Murphy, 
Frederick  Barham  White, 
Geraldine  Pronovost,  . 
Walter  Leon  Oneill, 
Davis  Thomas  Taunton, 
Harry  Lawrance  Wheeler, 
Francis  Joseph  Newman, 
Bismarck  Stanwood  Henderson, 


Marguerite  Eugenia  Bull, 
Myrtle  Nora  Leavitt, 
Edward  Paul  Hayes, 
Bertha  Russell  Kelley 
Alice  Lenor  Brinck, 
George  Sullivan, 
Virginia  Blakeslee, 
Kely  Walter  Foster, 
Charles  Malcolm  Ray 
Richard  Wallace  Chapman, 
Joseph  Ovila  Arthur  Cot6, 
Higaser  Gurinian, 


Cambridge. 

Somerville. 

Arlington. 

Lowell. 

Belmont. 

Newton. 

Boston. 

Cambridge. 

Tewksbury. 

New  York,  N. 

Cambridge. 


Y. 


Cambridge. 

Cambridge. 

Pleasant  Valley,  N.S. 

Maiden. 

Somerville. 

Everett. 

Everett. 

Cambridge. 

Boston. 

Natick. 

Lowell. 

Melrose. 

Somerville. 

Everett. 

Boston. 

Everett. 

Lowell. 

Lowell. 

Somerville. 

Maiden. 

Upton. 

Marlborough. 

Everett. 

Walpole. 

Waltham. 

Boston. 

Somerville. 

Newton. 

Winchester. 

Maiden. 

Somerville. 

Natick. 

Maiden. 

Boston. 

Methuen. 

Somerville. 

Hopkinton. 

Maiden. 

Cambridge. 

Lowell. 

Boston. 

Winchester. 

Ipswich. 

Weymouth. 

Newton. 

St.  John,  N.  B. 

Wakefield. 

Winchester. 

Boston. 

Waltham. 

Newton. 

Boston. 

Lowell. 

Lawrence. 


*  Changed  by  reason  of  adoption. 


1292 


Change  of  Names. 


MIDDLESEX  COUNTY  —  Concluded. 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1910. 

Sept.    22 

Edgar  Lawrence  Crockett,* 

Edgar  Lawrence  Myers, 

Arlington. 

22 

Francis  Stiaughnessy,* 

Herbert  Francis  Wilson, 

Waltham. 

23 

Elizabeth  Morris,* 

Helen  May  Baker, 

Somerville. 

23 

Francis  Doberty,* 

Francis  Muse, 

Wakefield. 

2(5 

Emma  Theodora  Armstcad,* 

Emma  Theodora  Wildes, 

Belmont. 

27 

Lester  Gordon  Thompson,* 

Lester  Haley  Quincy, 

Cambridge. 

Oct.       4 

Gladys  Mason,*     .... 

Virginia  Remington,    . 

Newton. 

11 

Albert  Lawrence  Mills,* 

Leslie  Lawrence  Crosby, 

Waltham. 

13 

Patrick  Joseph  Francis  Higgins,  . 

Joseph  Francis  Higgins, 

Waltham. 

14 

Eskil  Morberg,*     .... 

Lars  Eskil  Hedlund,    . 

Cambridge. 

18 

George  Francis  Huxley,* 

Wallace  Bingham  Dickey, 

Dracut. 

24 

Harry  Stanley  Eycklebock, 

Harry  Stanley  Meyer, 

Maiden. 

24 

David  N.  Talenbloom, 

David  N.  Tallen, 

Lowell. 

26 

Faith  Morris,*        .... 

Marcia  Beatrice  Collins, 

Norfolk,  Va. 

26 

William  Henry  Schoelch, 

William  Henry  Davis, 

Melrose. 

28 

Frances  Josephine  Murray*, 

Katherine  Moran, 

Boston. 

31 

Joseph  Walsh,*       .... 

Joseph  Collins,     . 

Maiden. 

Nov.      3 

Andrew  Onukewicz, 

Andrew  G.  Binder, 

Lowell. 

7 

Benjamin  Finkelstein, 

Benjamin  Finn,  . 

Maiden. 

8 

Harry  Emerson  Tarbox,  also  called 
Harry  Emerson  Heath  and  How- 

ard Long,* 

Howard  Long,      .... 

Belmont. 

9 

Carrie  Emerson  Sternberg,* 

Carrie  Emma  Stewart, 

Somerville. 

14 

Howard  H.  Holshanetzky,    . 

Howard  H.  Holis, 

Maiden. 

14 

Francis  Holshanetzky, 

Francis  Holis, 

Maiden. 

14 

Naomi  Holshanetzky,  . 

Naomi  Holis, 

Maiden. 

14 

Julius  Holshanetzky,     . 

Julius  Holis, 

Maiden. 

14 

Rebecca  Holshanetzky, 

Rebecca  Holis,     . 

Maiden. 

14 

Gladys  Marie  Connolly,* 

Gladys  Marie  Dawson, 

Revere. 

16 

Charles  George  Keshenofsky, 

Charles  George  Keshen,  , 

Cambridge. 

17 

Helen  Kelleher,*  .... 

Helen  Canny, 

Medford. 

25 

Mary  Agnes  Harrell,*    . 

Mary  Agnes  Durant,  . 

Boston. 

25 

Charles  D.  Harrell,*      . 

Charles  Durant,  . 

Boston. 

29 

Frank  Forsyth,*    .... 

Franklin  EldriJge  Moore, 

Arlington. 

29 

Evelyn  Fontaine  Kellcy, 

Evelyn  Fontaine  Whitney, 

Natick. 

Dec.       1 

Ethelyn  May  Smith,*   . 

Ethelyn  May  Curtis,  . 

Waltham. 

6 

Louise  Frances  Littleficld,*  . 

Louise  Walsh, 

Medford. 

6 

Eugene  Reid  Davis, 

Eugene  Tyler  Davis,  . 

Cambridge. 

9 

Lewis  Farrell,*       .... 

Lewis  Sullivan,    . 

Wakefield. 

12 

Lena  Rosetta  Hale,* 

Lena  Hale  Bancroft,    . 

Reading. 

15 

Edward  Clay  Eaton,  alias  Edward 

Clay  Watson,*    .... 

Edward  Polano,  . 

Boston. 

20 

Dora  Grindrod,*  .... 

Dora  Yates, 

Billerica. 

21 

Dorothy  Mary  Shaw,*  . 

Doris  Mary  Munroe,    . 

Somerville. 

28 

Theodore  George  Webster,* 

Theodore  Richardson, 

Maiden. 

29 

John  Burke,*         .... 

John  Lester  Arnold,     . 

Lexington. 

30 

Mary  Feeney,*       .... 

Dorothy  May  La  Chance, 

Reading. 

NORFOLK  COUNTY. 


Jan. 

6 

5 

Feb. 

16 

23 

Mar. 

23 

April 

6 

13 

13 

20 

May 

4 

4 

11 

July 

13 

20 

Daisy  Sophie  Conrad, 
Tcckla       Henrietta      Wilhelmina 
Johansson,* 


Margaret  Bean,*    . 
Josephine  B.  Clark,* 
Robert  O'Brien,*  . 
Marion  Barbara  Ciriack 
Mary  Cordock,*     . 
Russell  Rosborg,* 
Frank  Elmer  Wilson, 
Stella  Bailev,* 
VValtor  R.  llarback,* 
Catherine  Riley,* 
James  Stewart,*     . 
Ruth  W.  Brooks,* 


Margaret  Sophie  Conrad,     . 

Teckla     Henrietta     Wilhelmina 

Hallen,      . 
Alice  Margaret  Peterson, 
Josephine  Bates  Scott, 
Robert  McAuIiffe, 
Marion  Ciriack  Martin, 
Mary  Clark, 
Russell  Rosborg  Oster, 
Lcandcr  Edwin  Weeks, 
Stella  Miriam  Johnson, 
Walter  Rayiuond  Cleveland, 
Hazel  May  Gerrior, 
James  Stuart  Wilschcr, 
Ruth  Wilder  Brooks,  . 


Brookline. 


Dedham. 

Needham. 

Braintree. 

Hyde  Park. 

Dedham. 

Brooklino. 

(Juincy. 

Bellingham. 

Walpolo. 

Franklin. 

Quincy. 

Quincy. 

Brookline. 


•  Changed  by  reason  of  adoption. 


Change  of  Names. 


1293 


NORFOLK  COUNTY  — Concluded. 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1910. 

Sept.    21 

Hazel  May  (or  Mae)  Grant,* 

Hazel  Grant  Moseley, 

Dedham. 

28 

Frances  Taylor,*   .... 

Lahja  Frances  Sainio, 

Norwood. 

Oct.      19 

Reuben  Ferdinand  Svensson, 

Reuben  Ferdinand  Lambert, 

Walpole. 

19 

David  Johan  Svensson, 

David  Johan  Lambert, 

Walpole. 

Nov.      2 

Annie  Fortt,* 

Annie  Fortt  Lowe, 

Dedham. 

2 

William  Roberts,* 

Robert  Butler 

Medway. 

9 

Harold  Marshall,* 

Kenneth  Hall  Simonds, 

Milton. 

Dec.       7 

Ellen  E.  Gallagher,* 

Ellen  Elmira  Reed,      . 

Quincy. 

14 

John  Enos  Francis  Fratua, 

John  Enos  Francis, 

Co  h  asset. 

14 

Louise  Mulvey  Fratus, 

Louise  Mulvey  Francis, 

Cohasset. 

14 

Ignatius  Francis  Fratus, 

Ignatius  Francis, 

Cohasset. 

14 

Eleanor  Francis  Fratus, 

Eleanor  Francis, 

Cohasset. 

PLYMOUTH  COUNTY. 


Jan. 

10 

10 

24 

Feb. 

14 

28 

28 

28 

28 

Mar. 

14 

14 

28 

28 

April 

11 

25 

May 

23 

23 

June 

13 

27 

27 

27 

Sept. 

12 

2B 

Oct. 

10 

24 

Nov. 

14 

28 

28 

28 

28 

Dec. 

12 

27 

27 

Margaret  Annie  Walsh,* 
Pearl  M.  Burrell,   . 
Elsie  May  Brewer,* 
Lewis  Arthur  Burns,*   . 
Madeline  Frances  Smith,* 
William  L.  McFarland, 
Clara  Germaine,*  . 
Donald  Hunt,*      . 
George  Mistier,*     . 
Antone  Mistier,*    . 
Olive  Gertrude  Trommer,* 
Harriett  MacCouU,* 
Frederick  Lexstrom,*    . 
Gertrude  McNulty,*     . 
Stephena  Rose  West,*  . 
Alice  B.  Downey,* 
Nettie  Pearle  Howard,* 
Violet  Earle,* 
Mildred  La  Vallie.* 
John  P.  Bates,*     . 
Elizabeth  Razzetto,*     . 
Mattie  Irene  Esterbrooks,* 
Lucy  Adams  Irons,* 
Joseph  Leslie  Macomber,* 
Franke  Louise  MacKeen, 
Alice  Veronica  McCarthy,* 
Reuben  Oscar  Alton  Wideen 
Joshua  Bridges,*    . 
Bernice  M.  Larrow,* 
Mary  Bennett,*     . 
Ruth  E.  Flannery,* 
Florence  Isabel  Pinkham, 


Margaret  Annie  Barry, 
Pearl  M.  Ward,     . 
Elsie  May  Washburn, 
Lewis  Arthur  Duntley, 
Madeline  Frances  French, 
William  Leonard  Blanchard, 
Clara  Kelliher, 
Donald  Burnham  Yorke, 
George  Gauquier, 
Antone  Gauquier, 
Olive  Drummond  Welton, 
Harriett  Roderick, 
Frederick  Burnham  Short, 
Genevieve  Campbell, 
Stephine  Rose  Price, 
Alice  B.  Wilson,  . 
Pearle  Adeline  Gale, 
Ida  Melrose  Rogers, 
Madeline  Dresser, 
John  P.  Holt,       . 
Elizabeth  Melick, 
Mattie  Irene  Dawes, 
Elizabeth  Addie  Hendershot, 
Leslie  Edward  Blake, 
Esther  Louise  MacKeen, 
Eleanor  Marion  Jones, 
Lawrence  Oscar  Swanson, 
James  J.  Wilmot, 
Bernice  M.  Gibney, 
Meredith  Grant  Lewis, 
Ruth  Marion  Collins, 
Ray  Florence  Ellis, 


Brockton. 

Abington. 

Pembroke. 

Whitman. 

Brockton. 

Rockland. 

Brockton. 

West  Bridgewater. 

Kingston. 

Kingston. 

Lisbon,  N.  H. 

Brockton. 

Walpole. 

East  Bridgewater. 

Plymouth. 

Brockton. 

Brockton. 

Hanover. 

Abington. 

Whitman. 

Plymouth. 

Brockton. 

Plymouth. 

West  Bridgewater. 

Whitman. 

Hingham. 

Brockton. 

Middleborough. 

Bridgewater. 

Scituate. 

Brockton. 

Scituate. 


SUFFOLK  COUNTY. 


Jan.     13 

Lena  Groginsky, 

Lena  Grow,          .... 

Boston. 

13 

Wm.  Henry  Perrv,         .         .         . 

Wm.  Henry  Prince, 

Boston. 

13 

Anthony  De  Callo,* 

Antonio  La  Torella,     . 

Boston. 

14 

Mary  E.  Egan,*     .... 

Mary  E.  Collins, 

Boston. 

20 

Maude  Adams  Litchfield,*    . 

Myrtle  Maud  Kinsman, 

Boston. 

20 

Benjamin  Harry  Greenblatt, 

Benjamin  Harry  Green, 

Boston. 

20 

Maurice  F.  Cohen, 

Frank  L.  Browne, 

Boston. 

20 

Louis  Swirsk,         .... 

Louis  Shuman,     . 

Boston. 

21 

Jean  E.  E.  Quinland,*  . 

Margaret  Elizabeth  Legg, 

Taunton. 

27 

Howard  Henry  Kuhn,* 

Howard  Henry  Brewer, 

Boston. 

27 

Hyman  Silberg,     .... 

Hyman  Silberman, 

Boston. 

27 

Beatrice  M.  Cram, 

Beatrice  M.  Gallupe,   . 

Chelsea. 

*  Changed  by  reason  of  adoption. 


1294: 


Change  op  ^N'ames. 


SUFFOLK  COUNTY  -  Ck)ntinued. 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1910. 

Jan.     27 

Bernard  Lipschitz, 

Barnard  Lipsett, 

Boston. 

27 

Gladys  Mabel  Kuhn,*  . 

Gladys  Mabel  Brewer, 

Boston. 

27 

Ilulda  Frances  Kuhn,* 

Hulda  Frances  Brewer, 

Boston. 

Feb.      3 

Charles  B.  Matusewich, 

Charles  B.  Matthews, 

Boston. 

3 

Harry  Levine,        .... 

Harry  Leven 

Boston. 

3 

Albert  Kaniinsky, 

Albert  Kaminsky  Sheldon, 

Boston. 

3 

Bessie  Edisis,'        .... 

Bertha  Bernson 

Boston. 

3 

Mildred  Marie  Matts,*  . 

Mildred  Marie  Cooper, 

Boston. 

15 

Frederic  Rosenberg, 

Edward  Burton  Clarke, 

Boston. 

17 

Lempi  Lyyli  Bjorkbachan,  alias 

Bjorbakka,*        .         .         .         . 

Lillie  Nowell,        .... 

Fitchburg. 

17 

Albert  TurnbuII,* 

Albert  Leonard  Holt, 

Boston. 

17 

Carpel  Suchonitsky,      . 

Charles  Carp 

Boston. 

17 

Simon  Ratkowsky, 

Simon  Rogers 

Boston. 

17 

Ellis  Exner  Lee,    .... 

Ellis  Lee  Clifford, 

Boston. 

17 

Morris  Harry  Edelstein, 

Harry  Eddels,      .... 

Boston. 

25 

William  John  Brown,*  . 

William  John  Fougere, 

Boston. 

28 

Albert  Earl  Glennon,* 

Albert  Earl  Thompson, 

Boston. 

Mar.      3 

Louis  Salcowitz,     .... 

Louis  Salloway,  .... 

Boston. 

3 

George  Rhind  Joy,        . 

Charles  Rhind  Joy, 

Boston. 

3 

Lillian  Lawler,*     .... 

Lillian  Sullivan 

Boston. 

A. 

A    ........I'.^.'i.^ 

Clarence  Sumner  Thompson, 

Boston. 

^ 

Appieton,    .... 

4 

Alfred  James  Conley,   otherwise 

called  Alfred  J.  Campbell,* 

Alfred  James  Campbell, 

Boston. 

10 

Etta  Lilian  Wilkes  or  Welch, 

Edith  May  Strauss, 

Boston. 

10 

Harris  Moskovitz, 

Harris  Morse 

Boston. 

10 

Morris  Moskovitz, 

Morris  Morse,        .... 

Boston. 

10 

Margaret  Crane  or  Crean,*  . 

Mary  Manning,    .         ■.         .         . 

Boston. 

15 

Zella  White,*          .         .         .         . 

Zella  Mary  Magdalene  Veitch,     . 

Boston. 

17 

Marjorie  Eleanor  Kenney,*  . 

Marjorie  Eleanor  Kennedy, 

Boston. 

17 

Francis  Harris,*    .... 

Francis  Connell, 

Boston. 

17 

Aaron  Stavisky,    .... 

James  Aaron  Palmer, 

Boston. 

17 

Harry  J.  Solomon, 

Harry  Powers,      .... 

Boston. 

17 

Malcolm  Vartan  Malconian, 

Malcolm  Vartan  Malcom,    . 

Boston. 

18 

Marie  J.  Landry,* 

Marie  J.  Dacey 

Boston. 

21 

Alice  Elizabeth  Keating,*     . 

Alice  Nora  Lynam,      . 

Boston. 

24 

Fenton  J.  Fitzpatrick,  . 

Fenton  J.  Fitts,   .... 

Boston. 

24 

Isaac  Sampson,      .... 

Irving  Sampson, 

Boston. 

24 

Patrick  Francis  Rooney, 

Jos.  P.  F.  Rooney, 

Boston. 

31 

Emma  L.  Butler,* 

Emma  Louise  Adams, 

Boston. 

April      1 

Lillian  Leary,*       .... 

Lillian  Gonella,    .... 

Boston. 

1 

Mabel  J.  Leary,*   .... 

Mabel  J.  Gonella, 

Boston. 

1 

John  T.  Leary,*    .... 

John  T.  J.  Gonella,      . 

Boston. 

7 

Florence  Lily  Rivett,    . 

Florence  Lily  Sydney, 

Boston. 

7 

Louis  Francis  Togna,    . 

Louis  Tolesou  Francis, 

Boston. 

7 

Martha    EmeHne    Griffith,   alias 

Emma  Griffith, 

Martha  Emeline  Lillicrap,  . 

Boston. 

14 

Demitrios  Athanas  Danatchcs,     . 

Constantine  A.  Young, 

Boston. 

18 

Ruth  M.  Grifenhagen,* 

Ruth  Mary  Brown, 

Boston. 

21 

Lena  Mae  Reid,*  .... 

Mario  Di  Censo,  .... 

Boston. 

21 

Albion  K.  Call,      .... 

Albion  K.  Gordon, 

Boston. 

28 

Ella  Gertrude  Weeks,    . 

Ella  Gertrude  Morse,  . 

Boston. 

28 

Abraham  Opatowaky,  . 

Abraham  Pattow, 

Boston. 

May       5 

Chester  A.  Rochford,*  . 

Chester  A.  Henchey,  . 

Boston. 

5 

Albert  M.  Janssen, 

Albert  M.  Johnson, 

Boston. 

9 

Joseph  A.  Daly,*  .         .         .         . 

Luigi  Tenore,        .... 

Boston. 

12 

AIouzo  Newbert  Smith,* 

Alonzo  Newbert  Gilmorc,   . 

Boston. 

12 

Grace  R.  V.  Smith,*     , 

Grace  Ruth  Vickery  Nickerson, 

Boston. 

12 

Preston  Alma  Smith,'  . 

Preston  A.  Gilmore,     . 

Boston. 

12 

Joseph  Peter  Francis  Kowalaky,  . 

Joseph  Francis  Howard, 

Boston. 

12 

William  F.  J.  Kowalsky, 

William  F.  J.  Howard. 

Boston. 

10 

Ethel  H.  Breen,*  .... 

Ethel  .Murphy 

Boston. 

19 

Maurice  Kaganovsky,  . 

Maurice  Kaganofsky  Cohen, 

Boston. 

19 

Louis  Ablovitch, 

Louis  Abbott,      .... 

Boston. 

19 

James  Timothy  O'Connor,* 

James  Francis  Tyrrell, 

Boston. 

28 

Geraldino  Smith,* 

Ruth  Evelyn  Bartlett, 

Brockton. 

26 

Leo  Murphy,*        .         .         .         . 

Paul  Koarns,         .... 

Boston. 

28 

Edward  Hartwell  Andrews,* 

Edward  Hartwell  Bockwith, 

Boston. 

•  Changed  by  reason  of  adoption. 


Change  of  ^N'ames. 


1295 


SUFFOLK  COUNTY  —  Continued. 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1910. 

May     26 

Florence  M.  McDonald,* 

Florence  Charlotte  Purcell, 

Boston. 

26 

Evelyn  May  MacLean,* 

Elizabeth  May  Johnson, 

Boston. 

31 

Richard  J.  Willis,* 

Richard  J.  Bergen, 

Boston. 

June      2 

Jessie  Heselton,*    .... 

Jessie  Cyr, 

Boston. 

7 

Edmund  Coyne,* 

Edmund  Champagne, 

Boston. 

9 

Abraham  Edelevitch,    . 

Abraham  Levitch, 

Boston. 

9 

Addie  C.  Jacobson, 

Addie  C.  Sanborn, 

Boston. 

9 

Samuel  Beresofsky, 

Samuel  Berry,      .... 

Boston. 

9 

Ruth  Best,* 

Ruth  Bird, 

Boston. 

10 

Ethel  Beatrice  Holmes,* 

Ethel  Beatrice  Adams, 

Boston. 

16 

Caroline  Mabel  (Frost;  Rust, 

Mabel  Chamberlain  Rust,  . 

Boston. 

16 

Mary  E.  Dolan,     .... 

Mary  E.  Campbell, 

Revere. 

16 

Jessie  Cummings,* 

Jessie  Cummings  Blake, 

Boston. 

20 

Matilda  Shpaner,  alias  Spinner,* 

Matilda  .\pplebaum,   . 

Boston. 

22 

Francis  Gallagher,* 

Francis  Ciccarello, 

Boston. 

23 

John  Sullivan,*     .... 

John  Bulmer,       .... 

Boston. 

30 

Elsie  Marie  Cooke,* 

Alice  Evelyn  Jackson, 

Boston. 

30 

Eleanora  Poyhonen,*     . 

Ruth  Eva  Benson, 

Boston. 

July       7 

Samuel  Hymen  Lunsky, 

Samuel  Hymen  Lewis, 

Boston. 

14 

Henry  Nowmisky, 

Henry  Norman,  .... 

Boston. 

14 

Solomon  Kusminsky,    . 

Simon  B.  Kumins, 

Boston. 

21 

Hilda  Murphy,*    .... 

Giovanna  Campagna, 

Boston. 

21 

Mabelle  E.  Mercer, 

Muriel  Adelaide  Merriam,   . 

Boston. 

21 

Walter  Dineen,*    .... 

Joseph  Gaudet,    .... 

Boston. 

21 

Albert  H.  McLeain,*     . 

Albert  Edmund  Wallace,     . 

Boston. 

21 

Joseph  Kiernan,*  .... 

Joseph  Ferdinand  Bonnevier,     . 

Boston. 

22 

Francis  Gallagher,* 

Francesco  Ciccarello,  . 

Boston. 

28 

Charlotte  Monroe,* 

Nancy  Lucille  Priest, 

Boston. 

28 

Helen  Davis,          .... 

Helen  Louise  Mowry, 

Boston. 

28 

James  Mace,*         .... 

Charles  Bateman, 

Boston. 

Aug.     18 

Eugene  A.  D.  Laliberti,* 

Eugene  L.  Cot6 

Boston. 

18 

Ruth  Walsh  Bingham,* 

Ruth  Shea,           .... 

Boston. 

18 

Ralph  Earl  Remick,*    . 

Clarence  Earl  Brooks, 

Boston. 

18 

Alexander  E.  Saperstein, 

Alexander  E.  Spear,     . 

Boston. 

18 

Richmond  Murphy, 

Melvin  Richmond, 

Boston. 

18 

Israel  Sacowitz,     .... 

Israel  Stone,          .... 

Boston. 

18 

Henry  E.  Sacowitz, 

Henry  E.  Stone, 

Boston. 

18 

John  Tyler  Wheelwright, 

John  Brooks  Wheelwright, 

Boston. 

18 

Annie  Louisa  Buckley,* 

Annie  Briggeman, 

Boston. 

18 

Doris  Rose  Devine,*     . 

Doris  Rose  Monk, 

Boston. 

19 

Patrick  Edward  Brigdale,     . 

Edward  Brigdale, 

Boston. 

Sept.      1 

George  Wilson,*     .... 

George  Wilson  Brown, 

Boston. 

Thelma  Ruth  Morgan,* 

Thelma  Ruth  Thiesfeldt,    . 

Boston. 

Earle  P.  Bradford, 

Earle  P.  Gibson, 

Boston. 

Paul  Wilhelm  Heuckendorff, 

Paul  Williams,      .... 

Boston. 

Morris  Abramovich, 

Morris  Adams,      .... 

Boston. 

Leola  Blanche  Lehan,  . 

Leola  Blanche  Wiles,  . 

Boston. 

Samuel  W.  Green,* 

Stanley  Bartington  Broadbent,  . 

Boston. 

8 

John  Coyle,*          .... 

John  Francis  Cronin,  . 

Boston. 

15 

Edward  G.  E.  White,    . 

Daniel  Luther  White, 

Boston. 

15 

Wm.  Joseph  MacPherson*,    . 

Burton  Paul  Bacheller, 

Boston. 

16 

Edward  Sinclair*, 

Edwin  Nicholas  Batterton, 

Boston. 

19 

Francis  McKeown,* 

Francis  McGillvray,    . 

Boston. 

22 

Benjamin  Shillovitch,  . 

Benjamin  Wilson, 

Boston. 

22 

George  Alexis  Pequignot, 

George  Alexis  Peck,     . 

Boston. 

22 

Jeremiah  Northup  Pequignot, 

Jeremiah  Northup  Peck,     . 

Boston. 

22 

Margherita  Totino,* 

Margherita  Camarda, 

Boston. 

29 

Mary  Elizabeth  Leary,  alias  Lary,* 

Marie  Driscoll,     .... 

Cambridge. 

29 

James  Ale.xander  Cox,  . 

James  Stewart  Cox,     . 

Boston. 

29 

Frederick  Baranowsky, 

Frederick  Baranow,     . 

Boston. 

Oct.        6 

Hymen  Warsiiofsky, 

Hymen  White,     .... 

Boston. 

6 

Ike  Garmanio,        .... 

Israel  Garman,     .... 

Boston. 

13 

Lillian  Teele  Seignious,* 

Lillian  Seignious  Goodwin, 

Boston. 

13 

William  Walter  Mann,* 

Walter  McAlvin, 

Boston. 

13 

Rose  Mary  Roddis,* 

Marion  Rose  Good, 

Boston. 

13 

Anthony  J.  Leamey,*   . 

John  McLaughlin, 

Boston. 

17 

Helen  Griffin,*       .... 

Helen  Carrie  Savage,  . 

Boston. 

19 

Joseph  Ernest  Ward,*  . 

Joseph  Ernest  Sturgeon, 

Boston. 

20 

Frederick  H.  Tehan,*    . 

Frederick  Wilhelm  Lohmar, 

Boston. 

*  Changed  by  reason  of  adoption. 


1296 


Change  of  Names. 


SUFFOLK  COUNTY  -  C!oncluded. 


Date  of 
Decree. 


Original  Name. 


Name  Decreed. 


Residence. 


1910. 

Oct.     20 

20 

20 

20 

20 

20 

21 

24 

26 

27 

Nov.      3 

3 

3 

3 

3 

3 

3 

3 

10 

10 

10 

10 

10 

11 

11 

15 

17 

17 

17 

17 

25 

25 

Dec.       1 

1 

1 

1 

1 

8 

8 

8 

12 

12 

12 

15 

15 

15 

15 

15 

15 

19 

22 

22 

22 

27 

29 


Mary  Rooney,* 

Gladys  Lidia  Luckey,* 

Paul  Vincent  King,*     . 

Elsie  Coffey,* 

May  Eunice  Hammett,* 

Alexander  L.  Goldstein, 

Dorothy  M.  Mobly,*     . 

Edieth  Dorsey,*    . 

Anna  C.  Murphy,* 

Warren  Faxon  VVliitcher,* 

Joseph  Corcoran,* 

Alary  Elizabeth  West,* 

Mary  E.  Bowen*,  . 

Fred  LeBlanc, 

Albert  J.  Leo  Scott,*     . 

Harry  Cohen, 

Helen  Cecilia  Scott,*    . 

Marghretta  Otis,    . 

Clara  Louise  Foster, 

Charles  Hershkowitz,    . 

Albert  G.  Baranowsky, 

Oscar  Carlson,* 

Dorothy  Schaefer,* 

Gerald  Francis  Mclntyre,* 

Elizabeth  Calnan,* 

Henry  William  Schroeder,* 

Joseph  Lawrence  Bandiera, 

John  Edward  Danelovitz, 

Samuel  Rubinovitz, 

Isadore  Urofsky,    . 

Irene  Cunningham,*     . 

Verda  A.  Tucker, 

Ellen  Cronin,  alias  Ellen  Murphy,* 

Gregory  Osgood,* 

Lillian  Hill,   . 

Alary  I.  Flatley,     . 

Stella  Mary  McKenney, 

Jennie  Svensson,* 

Julia  AlcCarthy,*  . 

Francesco  Guidura, 

Joseph  A.  Danelovitz,  . 

Connie  Walden,*   . 

Alex  Roy, 

Wolf  FuUman, 

William  H.  Galey,* 

Alargaret  M.  Coffey,* 

Christina  Woodbridge,* 

Wolf  Froomkin, 

George  H.  Chester,* 

Rolf  Helge  Gulbrandsen,* 

Roberta  R.  Middleton, 

Sarah  E.  Callahan,* 

Hannah  L.  Moulton,     . 

John  J.  Sponatski,* 

Arthur  K.  Burgess,* 


Marion  Alberta  Wells, 

Boston. 

Gladys  Edwards, 

Boston. 

Paul  Vincent  Foley,    . 

Boston. 

Elsie  Young 

Boston. 

Alary  Ellen  Hutcheson, 

Boston. 

Alexander  L.  Golden, 

Boston. 

Dorothy  M.  Garnett,  . 

Boston. 

Edieth  Annette  Jackson,     . 

Boston. 

Anna  Catherine  Bourque,  . 

Boston. 

Warren  Faxon  Whittier, 

Boston. 

Joseph  Cater,       .... 

Boston. 

Louise  Miriam  DeAdder,    . 

Boston. 

Alary  A.  Walsh,    .... 

Boston. 

Fred  White 

Boston. 

Leo  Brady, 

Boston. 

Harry  Silver,        .... 

Boston. 

Helen  Cecilia  Brady,  . 

Boston. 

Marghretta  Adams  Otis, 

Boston. 

Clara  Louise  Prescott, 

Boston. 

Charles  Herscovitz,     . 

Boston. 

Albert  G.  Baranow,     . 

Boston. 

Oscar  Longfellow  Milmore, 

Cambridge. 

JoseP|hine  Dorothy  Burda, 

New  York,  N.  Y 

Gerald  Francis  Mitchell,     . 

Boston. 

Elizabeth  Hayes, 

Boston. 

Henry  William  Sievers, 

Boston. 

Joseph  Lawrence  Flagg, 

Boston. 

John  Edward  Daniels, 

Boston. 

Samuel  Ruby,      .... 

Boston. 

Isadore  Urrows,   .... 

Boston. 

Evelyn  Christine  Teeling,  . 

Boston. 

Verda  A.  ^mith. 

Boston. 

Eileen  Winifred  Brennan,    . 

Unknown. 

Robert  Francis  Cowen, 

Lynn. 

Lillian  Frances  Hoag, 

Boston. 

Alarion  McAIillan, 

Boston. 

Alary  E.  CuUity, 

Boston. 

Jennie  Johnson 

Boston. 

Julia  AIcGinley,  .... 

Boston. 

Ralph  William  Carph, 

Boston. 

Joseph  Abraham  Daniels,   . 

Boston. 

Dorris  Grace  Olney,    . 

Boston. 

James  Alex  Kennedy, 

Boston. 

William  Franklin, 

Boston. 

William  Howard  Harding,  . 

Boston. 

Alargaret  Fitzgerald,    . 

Boston. 

Christina  Sampson,     . 

Boston. 

William  Franklin, 

Boston. 

George  Harry  Fowle,  . 

Boston. 

Rolf  Helge  Alartens,    . 

Boston. 

Roberta  R.  Muth, 

Boston. 

Sarah  Elizabeth  Flavin, 

Boston. 

Hannah  Louise  Margot, 

Boston. 

John  J.   Benesh, 

Boston. 

Arthur  F.  Conlon, 

Boston. 

WORCESTER  COUNTY. 


Jan.        7 

Helen  Winaus,*      .... 

Helen  Huntington, 

Toledo,  Ohio. 

18 

Moise  Bergeron 

William  Wilfred  Smith, 

Worcester. 

18 

Maud  Bergeron,     .... 

Aland  Smith  ,       .         .         .         . 

Worcester. 

24 

Elizabeth  May  Coburn,* 

Fay  Louise  Roberts,    . 

Athol. 

31 

Doris  Katherine  Jones,* 

Doris  Evelyn  Bond,    . 

Worcester. 

Feb.      11 

Vasilios  Konstantinoa  Pappandri- 

copoulos 

William  Patterson, 

Worcester. 

•  Changed  by  reason  of  adoption. 


Change  of  Names. 

WORCESTER  COUNTY  —  Concluded. 


1297 


Date  of 
Decree. 


Original  Name. 


April 


1910. 

Feb.  15 
15 
23 

Mar.      1 


8 
9 
9 

12 

17 

18 

29 

7 

7 

11 

12 

12 

13 

15 

15 

21 

25 

26 

9 

11 

20 

4 

6 

7 


May 


June 


July 


Sept. 


Oct. 


Dec. 


Name  Decreed. 


Reaidence. 


Nov. 


9 
15 
13 
19 
19 
20 
28 
7 

10 
12 
13 
13 
14 
16 
20 
21 
27 
27 
27 
4 
4 

4 

4 

8 

19 

19 

20 

1 

4 

15 

17 

21 

22 

29 

15 

28 


Cliarles  Frothingham  Leiand,  Jr., 
Carl  Adolphus  Bottomly,*    . 
Elinor  Brown,*      .... 
Alexander  Barrows,*     . 
Artimr  Whitney  Head, 
Dorotiiy  Underwood,*  . 
Florence  Mabel  Rodgers,*     . 
Erik  Leander  Rodman,* 
Leroy  Henry  Leggee,*  . 
Clarence  Wells,*    .... 
Donald  Culver  Dumont,*     . 
Robert  Charles  Wilson,* 
John  Francis  Bousquet,* 
William  Levi  Bousquet,* 
Lillian  Grace  Avernia  Bacon,* 
Andreas  Belogianis, 
Johan  Alfred  Karlson,* 
Miriam  Morris,*     .... 
Hattie  Mabel  Blake,*    . 
Winthrop  Ayotte,* 
John  Horace  Warren,*  . 
Alice  Irene  Searles,* 
Frank  Leiand  Barrett, 
Beatrice  Ivy  Dykes,*    . 
Oscar  Frost,  alias  Oscar  Carlson,* 
Ethel  Marv  Wood,* 
Elliot  Fields,*         .... 
Thyra    Hulda   Linea   Anderson,* 
Stuart  Adams  Crook,    . 
Ernest  William  Petterson,*  . 
Carrie  Marcia  Rokes,    . 
Caroline  Isabel  Rogers, 

Dorris  Holland,*   .... 

Mildred  May  Bates,*     . 

Harold  William  Price,* 

Ruth  Gertrude  Harriett  Friden,* 

George  Perry,*       .... 

Maud  Elvira  Moore,*    . 

Leroy  Frederick  Shaffer, 

Mary  G.  Powers,* 

Florence  A.  M.  Ca^iey,  . 

Bertha  Mulstay 

Rodney  Poland 

Eli  Leibowitz,        .... 

James  William  Gambaccini, 

Thomas  Gambaccini,    . 

John  S.  Nahigian, 

William  H.  Nahigian,    . 

Frances  S.  Nahigian,     . 

^ * 

Mary   Youroski  or   Yauraskie  or 

Zouroski,* 

Hazel  Penniman,  .         .         .         . 
Henrietta  Florence  Barker,* 
Frederick  Christian  Doescher, 
Eugene  Messier,     . 
Antonio  Giambrocco,*  . 
Elenor  Sawyer,* 
Harry  Wayne  Remiley, 
Charles  Sanborn  Lappage, 
Mary  Norton,* 
Alie  Karjalainen,* 
Raymond  Everett  Saveall,' 
Albert  Pursey  Shales, 
Hardy  Turner  Mobley,* 
Marion  Estelle  Young,* 
Joseph  Romeo  GagnS,* 


Charles  Henry  Leiand, 
Charles  Bottomly  Fitton,   . 
Elinor  LeRoy,      .         . 
Alvin  Barrows  Swindell, 
Arthur  Head  Whitney, 
Dorothy    Mildred    Hendrickson, 
Florence  Mabel  Horton, 
Leander  Gilbert  Norman,   . 
Leroy  Leggee  Holden, 
George  Dyer  Wells, 
Donald  Culver  Ross,  . 
Robert  Carl  Dyer, 
John  Francis  Forsythe, 
William  Levi  Forsythe, 
Lillian  Grace  Vcrnia  Veinot, 

Andrew  Bell 

John  Alfred  Nevalainen,     . 
Ruth  Evelyn  Walker, 
Harriet  Blake  Coldwell, 
Winthrop  Doane  Gouldiug, 
Homer  Horace  Tunnicliffe, 
Bertha  Irene  Galipeau, 
Frank  Leiand  Gates,  . 
Beatrice  Ivy  Wilker,    . 

Kenneth  Woodbury,    . 
Mary  Ethel  Brewer,     . 
Elliot  Eli  Alger,  . 
Thyra  Hulda  Linea  Ericson 

Stuart  Adams, 

Ernest  William  Leamy, 

Carrie  Marcia  Ames,    . 

Caroline  Isabel  Walker, 

Dorris  Farrington, 

Mildred  Crosby  Bennett, 

Harvey  Grossman  Newell, 

Ruth  Gertrude  Ringdahl, 

George  Lester  Council, 

Maud  Elvira  Bowen,   . 

Leroy  Frederick  Ford, 

Mary  Lottie  Murphy, 

Florence  Vocelle, 

Bertha  Walker,    . 

Rodney  Frederick  Poland, 

Samuel  Eli  Liebow,      . 

James  William  Gambs, 

Thomas  Gambs, 

John  S.  Tomajan, 

William  H.  Tomajan, 

Frances  S.  Tomajan,  . 

Elizabeth  Alice  Clark, 

Mary  Kukura, 

Hazel  Houghton  Penniman 

Marion  Wood, 

John  Frederick  Doescher, 

Eugene  Mason, 

Antonio  Romano, 

Edna  May  Brown, 

Harry  Wayne  Boutwell, 

Charles  Adams  Sanborn, 

Mary  Pelkey, 

Alice  Esther  Nelson,    . 

Arthur  Raymond  Parsons 

Albert  Pursey  Nicholson, 

Hardy  Thomas  Perkins, 

Marion  Estelle  Baker, 

Joseph  Romeo  Chalifoux, 


Southborough. 

Worcester. 

Worcester. 

Oakham. 

Fitchburg. 

Worcester. 

Leominster. 

Fitchburg. 

Worcester. 

Worcester. 

Worcester. 

Worcester. 

Northbridge. 

Uxbridge. 

Worcester. 

Worcester. 

Fitchburg. 

Worcester. 

Paxton. 

Worcester. 

Athol. 

North  Brookfield. 

Worcester. 

Ashburnham. 

Indianapolis,  Ind. 

Worcester. 

Winchendon. 

Pawtucket,  R.  I. 

Worcester. 

Leominster. 

Northbridge. 

Brookfield. 

Worcester. 

Leominster. 

Uxbridge. 

Worcester. 

Worcester. 

Brookfield. 

Hubbardston. 

Upton. 

Worcester. 

Worcester. 

Fitchburg. 

Worcester. 

Worcester. 

Worcester. 

Worcester. 

Worcester. 

Worcester. 

Fitchburg. 

Blackstone. 

Worcester. 

Holden. 

Worcester. 

Leominster. 

Fitchburg. 

Princeton. 

Worcester. 

Lunenburg. 

Milford. 

Phillipston. 

Templeton. 

Worcester. 

Worcester. 

Phillipston. 

Fitchburg. 


•  Changed  by  reason  of  adoption. 


THE 


CIVIL    GOVERNMENT 


OF 


AND   OFFICERS   IMMEDIATELY   CONNECTED   THEREWITH 
FOR   THE   POLITICAL   YEAR 

1911. 


EXECUTIVE  DEPARTMENT. 


HIS    EXCELLENCY 

EUGENE    N.    FOSS, 
Governor. 

Dudley  M.  Holman Private  Secretary. 

Edward  F.  Hamlin Executive  Secretary. 

HIS   HONOR 

LOUIS   A.    FROTHINGHAM, 

Lieutenant  Governor. 


I. 

n. 
m. 

IV. 

V. 

VI. 

vn. 
viu. 


COUNCIL— (By  Districts) 

CHARLES   O.    BRIGHTMAN 
-J.    STEARNS   GUSHING    . 
■JOHN   QUINN,   Jr.  . 
-WALTER   S.   GLIDDEN     . 

WILLIAM   H.    GOVE 
■HERBERT   E.    FLETCHER 
-WINFIELD    S.    SCHUSTER 
-AUGUST   H.   GOETTING 


New  Bedford. 

Norwood. 

Boston. 

Somerville. 

Salem. 

Westford. 

Douglas. 

Springfield. 


ALBERT   P.    LANGTRY,* 

Secretary  of  the  Commonwealth. 
Isaac  H.  Edgett,  1st  Deputy.  Herbert  H.  Boynton,  2cl  Deputy. 

ELMER   A.    STEVENS, 

Treasurer  and  Receiver  General. 
Henry  S.  Bridge,  1st  Clerk.  A.  B.  C.  Demestg,  2d  Clerk. 

Wendell  P.  Harden,  Cashier. 

JOHN   E.  WHITE, t 

Auditor  of  the  Commonwealth. 

William  D.  Hawley,  Deputy  Aiiditor. 

James  Pope,  1st  Clerk.  Carl  A.  Raymond,  2d  Clerk. 

JAMES    M.     SWIFT, 

Attorney-General. 
Frederic  B.  Greenhalge,  Fred  T.  Field, 

Andrew  Marshall,  Henry  M.  Hutchings. 

Assistant  Attorneys-General. 
Louis  II.  Freese,  Chief  Clerk. 

*  Elected  by  the  general  court,  April  26,  1911 ;  to  fill  the  vacancy  in  the  office  of  secretary 
caused  by  the  death  of  William  M.  Olin,  who  died  April  15;  qualifled  April  27. 

t  Elected  by  the  general  court  July  6, 1911 ;  to  fill  the  vacancy  in  the  office  of  auditor  caused  by 
the  death  of  Ilenry  E.  Turner,  who  died  June  29;  qualifled  July  12. 


LEGISLATIVE  DEPARTMENT. 


GENERAL   COURT. 

Arranged  in  Accordance  with  the  District  Revision  op  1906. 


SEKATE. 

President  — AhhEl!i   T.   TREADWAY. 

District. 

Name  of  Senator. 

Residence. 

First  Suffolk, 

• 

Edward  J.  Grainger,    . 

Winthrop. 

Second  " 

James  A.  Ilatton, 

Boston. 

Third     " 

Joseph  P.  Lomasney,    . 

Boston. 

Fourth  " 

James  H.  Doyle, 

Boston. 

Fifth      " 

George  Ilolden  Tinkham, 

Boston. 

Sixth      " 

James  F.  Powers, 

Boston. 

Seventh" 

James  P.  Timilty, 

Boston. 

Eighth  «' 

Martin  P.  F.  Curley, 

Boston. 

Ninth     " 

Michael  J.  Murray, 

Boston. 

First  Essex, 

George  H.  Newhall, 

Lynn. 

Second  ' ' 

Arthur  S.  Adams, 

Marblchead. 

Tliird    " 

James  E.  Tolman, 

Gloucester. 

Fourth  " 

Arthur  L.  Nason, 

Haverhill. 

Fifth      " 

Dennis  E.  Halley, 

Lawrence. 

First  Middlesex, 

Henry  C.  Mulligau, 

Natick. 

Second       " 

Harry  N.  Stearns, 

Cambridge. 

Third 

Charles  V.  Blanchard, 

Somerville. 

Fourth       *« 

• 

Wilmot  K.  Evans,  Jr., 

Everett. 

Senate. 


1303 


District. 


Name  of  Senator. 


Residence. 


Fifth  MitUUesex,   . 

Sixth        "  .         . 

Seventh    " 

Eiglith     ". 

First  Worcester,   . 

Second     " 

Third       "  .         . 

Fourth      «' 

Worcester  and  Hampden, 

First  Hampden,     . 

Second      " 

Franklin  and  Hampshire, 

Berkshire,     . 

Berkshire,     Hampshire     and 

Hampden. 
First  Norfolk, 

Second    "  .         . 

First  Plymouth,  . 

Second     •' 

Fir.st  Bristol, 

Second    "  .         . 

Third       "  .         . 

Cape,   .... 


Roger  Sherman  Hoar, 
Charles  H.  Brown, 
Frank  P.  Bennett,  Jr., 
Joseph  H.  Hibbard, 
John  H.  Hunt, 
Daniel  E.  Denny, 
Levi  H.  Greenwood, 
Joseph  S.  Gates,  . 
Walter  B.  Mellen, 
John  F.  Mai  ley,    . 
Francis  X.  Quigley, 
John  H.  Schoonmaker, 
John  H.  Mack, 
Allen  T.  Tread  way, 
George  L.  Barnes, 
Charles  H.  Pearson, 
Mclvin  S.  Nash,    . 
Roland  M.  Keith,  . 
Charles  S.  Chace, 
Josejjh  Turner, 
Samuel  Ross, 
John  E.  White,*   . 


Concord. 

Medford. 

Saugus. 

Lowell. 

Worcester. 

Woi'cester. 

Gardner. 

Westborough. 

Brookfield. 

Springfield. 

Holyoke. 

Ware. 

North  Adams. 

Stockbridge. 

Weymoutli. 

Brookline. 

Hanover. 

Bridgewater. 


Dighton. 


Fall  River. 
New  Bedford. 
Tisbury. 


*  Resigned  July  12;  elected  auditor  of  the  commonwealth  July  6;  to  fill  the  vacancy  in  said 
office  caused  by  the  death  of  Henry  E.  Turner. 


HENRY  D.  COOLIDGE, 
EDWARD  A.  HORTON, 
THOMAS   F.   PEDRICK, 


Clerk. 

Chaplain. 

8ergeant-at-Arms. 


House  of  Kepkesentatives. 


HOUSE   OF  REPRESE^N^TATIYES. 


Speaker  —  JOSEPH   WALKER. 


COUNTY   OF   SUFFOLK. 


Town  or  Ward. 


Name  of  Representative. 


Residence. 


1st,     Boston,  Ward  1,    . 


2d,     Boston,  Ward  2, 


3d,      Boston,  Ward  3,    .         .  | 


4th,     Boston,  Wards  4  and  5, 


6th,     Chelsea,  Wards  1  and  2, 


6th,      Boston,  Ward  G, 


7th,     Boston,  Ward  7, 


8th,     Boston,  Ward  8, 


9th,     Boston,  Ward  9, 


10th,     Boston,  Ward  10, 


Edward  C.  R.  Bagle3% 
Theodore  L.  Sorenson, 

Michael  J.  Brophy, 
Dennis  A.  O'Neil,    . 

James  J.  Brennan,  . 
William  J.  Murray, 

James  H.  Brennan, . 
Patrick  B.  Carr, 
James  I.  Green, 

Louis  R.  Kiernan,    . 

Francis  D.  O'Donnell, 
Alfred  P.  Scigliano, 

William  A.  II.  Crowley, 

Adolphus  M.  Burroughs, 
Martin  M.  Lomasney, 

Daniel  L.  Connolly, 
Joseph  Leonard, 

Channing  IL  Cox,    . 
David  r.  Montague, 


Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 
Boston. 

Chelsea. 

Boston. 
Boston. 

Boston. 

Boston. 
Boston . 

Boston. 
Boston. 

Boston. 
Boston. 


House  of  Representatives. 

COUNTY   OF   SUFFOLK  — Continued. 


1305 


District. 


Town  or  Ward. 


11th,     Boston,  Ward  11, 


12th,     Boston,  Ward  12, 


13th,     Boston,  Ward  13, 


14th,     Boston,  Ward  14, 


15th,     Boston,  Ward  15, 


16th,      Boston,  Ward  16, 


17th,     Boston,  Ward  17, 


18th,      Boston,  Ward  18, 


19th,     Boston,  Ward  19, 


20th,     Boston,  Ward  20, 


21st,     Boston,  Ward  21, 


22d,     Boston,  Ward  22, 


23d,     Boston,  Ward  23, 


24th,      Boston,  Ward  24, 


25th,      Boston,  Ward  25, 


Name  of  Representative. 


{ 


Courtenay  Crocker, 
Grafton  D.  Cushino^, 

George  T.  Daly,       . 
James  J.  Murphy,  . 

AVilliam  L.  V.  Newton, 
William  J.  Sullivan, 

Thomas  J.  Casey,    . 
William  P.  Hiekey 

PVancis  L.  Colijoys 
Michael  J.  Reidy, 

John  F.  McCarthy, 
John  D.  McGivern, 

Francis  J.  Brennan, 
John  D.  Connors, 

Daniel  F.  Cronin, 
Michael  F.  O'Brien, 

Timothy  J.  Ahern, 
James  Mclnerney, 

James  F.  Eagan, 

Louis  A.  Foley, 

James  A.  McElaney,  Jr., 

John  Carr, 
James  T.  Kenney, 

James  F.  Griffin, 
James  P.  Maguire, 

John  J.  Conway, 
William  M.  McMorrow,  . 

Charles  L.  Carr, 
Thomas  P.  Curtin,   . 
James  A.  Hart, 

Thomas  F.  J.  Callahan,  . 
Allen  Clark,    . 


Residence. 


Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 
Boston. 

Boston. 
Boston. 


1306 


House  of  Representatives. 


COUNTY   OF   SUFFOLK  —  Concluded. 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

26th, 
27th, 

Chelsea,  Wards  3,  4,   . 

f  Chelsea,  Ward  6,          .  1 
<^  Revere,        .         .         .  > 
[  Winthrop,   .          .          .J 

Melvin  B.  Breath,  . 

Hugh  M.  McKay,     . 
Alfred  Tewksbury,  . 

Chelsea. 

Revere. 
Winthrop. 

COUNTY   OF   ESSEX. 


1st, 

2d, 

3d, 

4th, 

5tli, 

6th, 
7th, 
8th, 
9th, 

10th, 

11th, 
12th, 

13th, 

14th, 

15th, 


J  Amesbury,  . 
[  Merriniac,  . 

Haverhill,  W'ds  1,  2,3, 

Haverhill,  Wards  4,  G, 

Haverhill,  Ward  5, 

I  Lawrence,  Wards  1,2, 
]^  Methuen,     . 

Lawrence,  Wards  3,  4, 

Lawrence,  Ward  5, 

Lawrence,  Ward  G, 

Andover,     . 

Boxford, 
Grovehind,  . 
Haverliill,  Ward 
Nortli  Andover, 

Peabody, 

Lynn,  Ward  3, 
Swampscott, 

j  Lynn,  Wards  1,  5,  7, 
I  Lynnlield,    . 

Lynn,  Wards  2,  4, 
Nahant, 

Lynn,  AVard  G,     . 
Saugus, 


Samuel  I.  Collins,   . 

James  H.  Fitzgerald, 

Henry  G.  AVells,      . 

Charles  II.  Morrill, 

John  C.  Sanborn,     . 
Frederick  W.  Schlapp, 

Eugene  A.  McCarth3%  Jr., 

Charles  H.  Morgan, 

William  J.  Graham, 

Harry  M.  Eames,     . 

William  Halliday,    . 

Charles  R.  O'Connell, 

John  Henry  Cogswell, 
Martin  Lewis  Quinn, 

Francis  M.  Hill, 
William  S.  Iloyt,     . 

Frank  W.  Atkins,    . 
Ai'thur  Bogue, 

]\Iichael  II.  Cotter,  . 
Herbert  M.  For ri stall. 


Amesbury. 

Haverhill. 

Haverhill. 

Haverhill. 

Lawrence. 
Lawrence. 

Lawrence. 

Lawrence. 

Lawrence. 

Andover. 

North  Andover. 


Peabody. 

Lynn. 
Swampscott. 

Lynn. 
Lynn. 

Lynn. 
Lynn. 

Lynn. 
Sausfus. 


House  of  Representatives. 


1307 


COUNTY   OF  ESSEX  — Concluded. 


District. 


Town  or  Ward. 


Name  of  Representative. 


Residence. 


16th, 
17th, 
18th, 
19th, 

20th, 

21st, 

22d, 
23d, 

24th, 

25th, 
26th, 


Marblehead, 

Salem,  Wards  1,  2, 

Salem,  Wards  3,  5, 

Salem,  Wards  4,  6, 

f  Beverly, 
\  Dan  vers, 

Gloucester,  Wards  4,  5 

o,     .  •  • 

Manchester, 

Gloucester,  Wards  3,  G 
7,     .         .         . 

/  (iloucester,  Wards  1,  2 
I  Rockport, 

Essex, 

Hamilton, 

Ipswich, 

Middleton, 

Rowley, 

Topsfield, 

Wenham, 

f  Newburyport, Wards  1 

I      2,  3,  4,     . 

'  Georgetown, 
Newbury,    . 
Newburyport, Wards  5 

6,     .         .         . 
Salisbury,    . 
West  Newbury,   . 


John  G.  Stevens,     . 
James  D.  Burns, 
Lyman  E.  Hurd, 

Michael  Kelly, 

Herman  A.  MacDonald, 
John  L.  Saltonstall, 

II.  Bert  Knowles,    . 

George  A.  Ricker,  . 
Charles  E.  Elwell,  . 


C.  Augustus  Norwood, 


Clarence  J.  Fogg, 


Albert  C.  Reed, 


Marblehead. 

Salem. 

Salem. 

Salem. 

Beverly. 
Beverly. 

Gloucester. 

Gloucester. 
Rockport. 

Hamilton. 


Newburyport. 


Georgetown. 


COUNTY   OF   MIDDLESEX. 


1st, 
2d, 

j  Cambridge,   Wards    1,  \ 

1      2,  3,         .         .         ./ 

J  Cambridge,  Wards    4,  J 

\      5,  6,  7,     .         .         .| 

Joseph  J.  Reed, 
Thomas  Ryan, 

James  W.  Bean, 
Harry  A.  Penniman, 
Charles  J.  Wood,    . 

Cambridge. 
Cambridge. 

Cambridge. 
Cambridge. 
Cambridge. 

1308 


House  of  Kepresentatives. 


COUNTY  OF  mDDLESEX  — Continued. 


District. 


Town  or  Ward. 


Name  of  Representative. 


Residence. 


3d, 

4tli, 

5th, 

Gth, 
7th, 

8th, 

9th, 
10th, 


Cambridge,   Wards    8, 
9,  10,  11, 


Newton, 


nth. 


12th, 


13th, 


Waltham, 


Natick, 


Framinghar 


Ashland, 
Holliston, 
Ilopkinton, 
Sherborn, 

Mai'lborougi 

'  Boxboroug] 
Hudson, 
Maynard, 

Stow,  . 

'  Acton, 
Ayer,  . 
Carlisle, 
Chelmsford 
Littleton, 
Westford, 

■  Ashby, 
Dunstable, 
(iroton, 
Peppei-ell, 
Sliirley, 
Townsend, 
Tyngsboroii 

■  Bedford, 
Concord, 
Lincoln, 
Sudbury, 
\\\ayland, 
Weston, 


h, 


si!' 


I 


Russell  D.  Crane,   . 
George  L.  Dow, 
Kussell  A.  Wood,    . 

Henry  E.  Bothfeld, 
George  IL  Ellis, 
Thomas  W.  White, 

Nathan  A.  Tufts,     . 
Robert  N.  Turner,  . 

Michael  F.  McGrath, 

David  C.  Ahearn,    . 


Daniel  P.  Day, 


Charles  F.  McCarthy, 


George  W.  W.  Edson, 


Edward  Fisher, 


David  n.  Damon, 


Waldo  L.  Stone, 


Cambridge. 
Cambridge. 
Cambridge. 

Newton. 
Newton. 
Newton. 

Waltham. 
Waltham. 

Natick. 


Framingham. 


Hopkiuton. 


Marlborougfh. 


Stow. 


Westford. 


Ashby. 


Sudbury. 


House  of  Representatives. 


1309 


COUNTY   OF  MIDDLESEX  —  Continued. 


District. 


Town  or  Ward. 


Name  of  Representative. 


Residence. 


11th, 

15th, 
16th, 

17th, 

18th, 

19th, 

20th, 

21st, 
22d, 

23d, 
24th, 

25th, 

26th, 

27th, 
28th, 


j  Dracut, 

\  Lowell,  Ward  1, 

Lowell,  Ward  2, 

Lowell,  Wards  4,  5,     . 

Lowell,  Wards  3,  6,  7,  | 

Lowell,  Ward  8, 

f  Billerica,      .         .         .1 

I  Lowell,  Ward  9, 

[  Tewksbury,  .         .  J 

Burlington, 
North  Reading,    . 
Reading, 
Wilmington, 
Woburn, 

Wakefield,  . 

Melrose, 


Maiden, 


Everett, 


J  Somerville,    Wards    1, 
L      3,  4,  5,     . 


Somerville,    Wards    2,  j 

6,  7,         .         .         .  I 

Medford,  Wards  3,  6,  .  \ 
Winchester,  .         .  j 

Medford,   Wards   1,  2,  \ 
4,  5,  7,     .         .         ./ 


George  H.  Stevens, 

Dennis  A.  Murphy, 

Eugene  F.  Toomey, 

Erson  B.  Barlow,    . 
George  E.  Marchand, 

Charles  T.  Killpartrick, 
Thomas  S.  Cuff,      . 


Herbert  N.  Buck,    . 
Joseph  H.  Parker,  Jr. 


Charles  A.  Dean,     . 

Arthur  S.  Davis, 

Alvin  E.  Bliss, 
Charles  M.  Blodgett, 
Truman  R.  Hawley, 

James  F.  Cavanagh, 
Fred  P.  Greenwood, 

William  M.  Armstrong, 
Ray  R.  Rideout, 
Charles  L.  Underhill, 

Zebedee  E.  Cliff,  . 
Leon  M.  Conwell,  . 
Charles  W.  Eldridge, 

Wilton  B.  Fay, 


Benjamin  F.  Haines, 


Dracut. 

Lowell. 

Lowell. 

Lowell. 
Lowell. 

Lowell. 
Lowell. 


Wilmington. 
Woljurn. 


Wakefield. 

Melrose. 

Maiden. 
Maiden. 
Maiden. 

Everett. 
Everett. 

Somerville. 
Somerville. 
Somerville. 

Somerville. 
Somerville. 
Somerville. 

IMedford. 


Medford. 


1310 


House  of  Representativf:s. 


COUNTY   OF   MIDDLESEX  — Concluded. 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

29th, 

30th, 
31st, 

f  Arlington,   .         .         .1 
[  Lexington,  .         .         .  j 

j  Belmont,      .         .         .1 
1  Watertown,          .         .  j 

Stoneham,   . 

John  G.  Brackett,    . 

James  H.  L.  Coon, 
Joseph  W.  Holden, 

Arlington. 

Watertown. 
Stoneham. 

COUNTY   OF   WORCESTER. 


1st, 


2il, 


3cl, 


4th, 


5th, 


Athol, 
Dana, 
Petersham, 
Phillipston, 
Royalston,  . 

Asliljurnham, 
(iardner, 
'Jempleton, 
Wincliendon, 

Barre, 
Ilolden, 
Ilubhardston, 
<  )akham, 
Princeton,    . 
Rutland, 
Sterling, 
Westminster, 

Brookfield,  . 
Hard  wick,   . 
New  IJnvintree, 
Nortli  Brookfield, 
Warren, 
West  Brookfield, 

Charlton,     . 

Soutlil)ridge, 

Sturl^ridge, 


Merrick  E.  llildreth. 


Wendell  P.  Clark,  . 
Charles  N.  Edgell, 


William  IL  Wheeler, 


Eli  M.  Converse, 


Wilfrid  J.  Lamoureux, 


Petersham. 


Wincheudon. 
Gardner. 


Hubbardston. 


W.  Brookfield. 


Southbridge. 


House  of  Repkesentatives. 

COUNTY   OF  WORCESTER  — Continued. 


1311 


District. 

Town  or  Ward. 

• 

Name  of  Representative. 

Residence. 

6th,     < 

Aviburn,       .         .         .1 
Leicester,     .         .         -1 
Paxton,        .         .         .  j 
Spencer,      .         •         -J 

Alfred  Arseneault,  . 

Spencer. 

7th, 

■  Dudley,        .         •         •  1 
Oxford,        .         .         .  > 
Webster,     .         .         -J 

Lawrence  J.  Dugan, 

Webster. 

8th, 

Bhickstone,           .         •  ] 

Doughis, 

Grafton, 
<  INIillbuiy,     . 

Shrewsbury, 
1  Sutton, 

Ux bridge,    . 

Edward  N.  Jenckes, 
John  F.  Meaney,     . 

Douglas. 
Blackstone. 

9th, 

Hopedale,    . 

Mendon, 
.  Milford, 

Northbridge, 
■[  Upton, 

William  R.  Burke,  . 
Edwin  F.  Lilley,      . 

Milford. 
Milford. 

10th, 

Berlin, 
Bolton, 
Boylston,     . 
Clinton, 
'  Northborough,     . 
Southborough,     . 
West  Boylston,    . 
Westborough, 

Amos  T.  Saunders, 
Augustus  E.  Wright, 

Clinton. 
Southborough. 

11th, 

f  Fitchburg,  Ward  6,      . 

Harvard,      . 
J  Lancaster,   . 

Leominster, 

Lunenberg, 

Charles  H.  Howe,   . 
Frank  H.  Pope, 

Leominster. 
Leominster. 

12th, 

r  Fitchburg,  Wards  1,  2,  1 
\      3,  4,  5,     .          .          .  J 

Frank  0.  Hardy,     . 
Daniel  W.  Teehan, 

Fitchburg. 
Fitchburg. 

13th, 

Worcester,  Ward  1,     . 

Clarence  W.  Hobbs,  Jr., 

Worcester. 

14th, 

Worcester,  Ward  2,     . 

Frederick  W.  Hurlburt,  . 

Worcester. 

1312 


House  of  Repkesentatives. 


COUNTY   OF  WORCESTER  — Concluded. 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

15th, 

Worcester, 

Ward    3,  . 

John  C.  Mahoney,  . 

Worcester. 

16th, 

Worcester, 

Ward    4,  . 

John  T.  Flanagan,  . 

Worcester. 

17th, 

Worcester, 

Ward    5,   . 

Michael  A.  Ilenebery, 

Worcester. 

18th, 

Worcester, 

Ward    6,   . 

Charles  A.  Orstrom, 

Worcester. 

19th, 

Worcester, 

Ward    7,   . 

Albert  II.  Silvester, 

Worcester. 

20th, 

Worcester, 

Ward    8,   . 

Arllmr  M.  Stone,     . 

Worcester. 

21st, 

Worcester, 

Ward    9,   . 

Oscar  E.  vVrkwell,  . 

Worcester. 

22a, 

Worcester, 

Ward  10,   . 

Robert  M.  Waslil)urn, 

Worcester. 

COUNTY 

OF   HAMPSHIRE. 

1st, 

Northampton, 
f  Chestcrlield,         .         .  ] 

Alfred  -J.  Preece,    . 

Northampton. 

Cummington, 

Easthanipton, 

Goshen, 

Huntington, 

2d, 

.  MidiUelleld, 
Plainfield,    . 
SoulIuun|)ton, 
Wcsdianipton, 
VVilliani.sburg, 
Worthington, 

f  Andicrst, 

• 

Leonard  F.  Hardy, . 

Huntington. 

3d, 

11 ad Icy, 
'   llatlicld,       . 
South  lladlcy, 

lU'lchcrtown, 
Ell  Held, 
(i  ran  by. 

Harry  L.  Howard,  . 

Hatfield. 

4th, 

{  (JrciMiwlch,  . 

rcni:iiii, 

Prescott, 
Ware, 

;i 

Edgar  E.  Sargent,  . 

Belchertown. 

House  of  Kepkesentatives. 


1313 


COUNTY   OF   HAMPDEN. 


District. 


Town  or  Ward. 


Name  of  Representative. 


Residence. 


1st, 


2d, 


3d, 
4th, 

5th, 

6th, 

7th, 

8th, 

9th, 

10th, 

lUh, 

12th, 


Brimtield, 

Holland, 

Monsou, 

Palmer, 

Wales, 


Agawani,     . 

Blandford,  . 

Chester, 

East  Longnieadow, 

Granville,    . 

Hampden,   . 

Longineadow, 

Ludlow, 

Montgomery, 

Russell, 

Southwick,  . 

Tolland,       . 

West  Springfield, 

Wilbraham, 

Springfield,  Ward  1,    . 

Springfield, Wards  2,  o, 

J  Springfield,   AVards    4, 

\    -5,  6, 

Springfield,  Ward  7,  . 
Springfield,  Ward  8,  . 
Chicopee,  . 
IIolyoke,Wardsl,2,4, 
Holyoke,  Wards  3,  6,  . 
Holyoke,  Wards  5,  7,  . 
Westfield,    . 


Henry  W.  Hoi  brook, 


Aaron  Bagg,  Jr., 
James  F.  Barry, 


John  J.  Carmody,   . 
Michael  J.  Scully,  . 

*  Albert  P.  Langtrv,  . 
Paul  I.  Lombard,     . 

Charles  T.  Holt,      . 

Ernest  A.  AVitt, 

John  J.  Barry, 

George  R.  Burns,    . 

Thomas  Davies, 

Thomas  F.   McCuUough, 

Harry  B.  Putnam,  . 


Palmer. 


W.  Springfield. 
Agawam. 


Springfield. 
Springfield. 

Springfield. 
Springfield. 

Sjjringfield. 

Springfield. 

Chicopee. 

Holyoke. 

Holyoke. 

Holyoke. 

Westfield. 


*  Elected  secretary  of  the  commonwealth  by  the  general  court  April  26,  1011;  to  fill  a  vacancy 
in  said  office  caused  by  the  death  of  William  M.  Olid;  resigned  as  a  member  of  the  house  of 
representatives  April  27. 


1314 


House  of  Kepjjesentatives. 


COUNTY   OF   FRANKLIN. 


District. 


Town  or  Ward. 


Name  of  Representative. 


Residence. 


1st, 


2d, 


Scl, 


4th, 


Ashfield, 
Buckland, 
Charlemout 
Col  rain, 
Conway, 
{  Ilawley, 
Heath, 
Monroe, 
Kowe, 
Shelburne, 
Whately, 

Greenfiehl, 

Bernardstoi 

Deertield, 

Gill,    . 

Levcrett, 

Ley den, 

Montague, 

Sunderland, 

Erving, 
New  Salem, 
Northfield,  . 
Orange, 
Shutesl)ury, 
Warwick,  . 
Wendell,      . 


William  B.  Avery, 


Harold  H.  Flower, 


John  W.  Haigis, 


Alton  A.  Upton, 


Charlemont. 


Greenfield. 


Montague. 


Orange. 


COUNTY   OF   BERKSHIRE. 


1st, 


2d, 


Clarksburg, 
Florida, 

North  Adams,  Wards  3, 
4,  5, 
[  Savoy, 

North  Adams,  Wards  1, 

'>  r>  7 


Lincoln  Breckenxndge, 


William  A.  OHearn, 


North  Adams. 


North  Adams. 


House  of  Repiiesentatives. 


1315 


COUNTY  OF   BERKSHIRE— Concluded. 


District. 


Towu  or  Ward. 


Name  of  Representative. 


Residence. 


3d, 


4th, 

5tli, 
6th, 


7th, 


8th, 


Adams, 
Cheshire,     . 
Hinsdale,     . 
New  Ashiord, 
Peru,  . 
Windsor,     . 


Dal  ton, 
Hancock, 
Lanesborough, 
Pittsfield,  Ward  1, 
Williamstown,     . 


/  Pittsfield,  Wards  2, 

17,. 

/  Pittsfield,  Wards  3, 

15,. 

Becket, 

Lee,    . 

Lenox, 

Monterey,    . 

New  Marlborough, 

Otis,    . 

Riclimond,  . 

Sandisfield, 

Tyringham, 

Washington, 


6,1 
•/ 

•i, 


I 


'  Alford, 
Egremont,  . 
Great  Barrington, 
Mount  Washington, 
Sheffield,     . 
Stoekbridge, 
West  Stoekbridge, 


John  J.  Hughes, 


Michael  Hennessey, 

Michael  F.  Quinn,  . 
John  J.  Bastion, 


Norman  Shannon, 


Franklin  A.  Palmer, 


Adams. 


Dalton. 

Pittsfield. 
Pittsfield. 


Becket. 


Stoekbridge. 


COUNTY   OF   NORFOLK. 


1st, 


2d, 


r  Dedham, 
1  Needham, 

Brookline, 


Horatio  Hathaway,  Jr., 

Joseph  Walker, 
Norman  H.  White, 


Dedham. 

Brookline. 
Brookline. 


1316 


House  op  Repkesentatives. 


COUNTY   OF   NORFOLK  — Concluded. 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

Sd, 

Hyde  Tark, 

David  W.  Murray,  . 

Hyde  Park. 

4th, 

J  Canton,        .         .         .  "1 
\  Milton,         .         .         .  J 

Roger  Wolcott, 

Milton. 

5th, 

Quincy,  Wards  1,  2,  3, 

William  R.  Thomas, 

Quincy. 

6th, 

Quincy,  Wards  4,  5,  6, 

Louis  F.  R.  Langelier,     . 

Quiney. 

7th, 

Weymouth, 

John  F.  Dwyer, 

Weymouth. 

8th, 

Avon, 
.   Braintree,    . 
Holbrook,    . 

Henry  M.  Storm,     . 

Braintree. 

9th, 

Randolph,   .         .         .  "] 
.  Sharon, 
Stoughton,  . 

Jeremiah  O'Leary,  . 

Sharon. 

10th, 

Norwood,    . 
•  Walpole, 
Westwood, . 

'  Dover, 
Medtield,     . 

Willie  ^V.  Baker,    . 

Westwood. 

11th, 

Medway, 
'  Millis, 
Norfolk,      . 
Wellesley,  . 

J.  Herbert  Baker,   . 

Medfield. 

12th, 

Bellingham, 
Foxborough, 
i  Franklin,     . 
Plainville,    . 
Wrentham, 

Fred  P.  Chapman, 

Franklin. 

COUNTY   OF   PLYMOUTH. 


1st, 

Plymouth,   . 

Frederiek  D.  Bartlett, 

Plymouth. 

2d, 

Duxbiu'y,     . 
Marshfield, 
•   Norwell, 
Pembroke,  . 

Scituate, 

Joseph  F.  Merritt,  .        , 

Nonvell . 

House  of  Representatives. 


1317 


COUNTY  OF  PLYMOUTH  — Concluded. 


District. 


Town  or  Ward. 


Name  of  Representative. 


Residence. 


3cl, 


4tll, 


5th, 


6th, 


7th, 

8th, 

9th, 
10th, 
11th, 


Cohasset, 
Hingham. 
Hull,  . 

Hanover, 

Hanson, 

Rockland, 

Abington, 
Whitman, 

■  Carver, 
Lakeville, 
Marion, 
Mattapoisett 
Rochester, 
Wareham, 

Halifax, 
Kingston, 
Middleboro 
Plympton, 


crli 


Clarence  V.  Nickerson, 


George  E.  Bowker, 


Clarence  W.  Harding, 


Edward  C.  Bodfish, 


Bridgewater, 
East  Bridgewater, 
West  Bridgewater, 

Brockton,  Wards  3,  4, 

Brockton,  Wards  1,  2, 
5,     . 

Brockton,  Wards  G,  7,  . 


Alexander  Holmes, 


Edward  T.  Morse, 


Albin  F.  Nordbeck, 

Portus  B.  Hancock, 
Timothy  J.  Meade, 

John  P.  Buckley,     . 


Hull. 


Hanson. 


Whitman. 


Wareham. 


Kingston. 


East  Bridge- 
water. 

Brockton. 

Brockton. 
Brockton. 

Brockton. 


COUNTY  OF  BRISTOL. 


1st, 

'  Attleborough, 
North  Attleborough,     . 
Norton, 
Seekonk, 

Henry  G.  Danforth, 
Edward  A.  Sweeney, 

Norton. 
Attleborough. 

2d, 

'  Easton, 
Mansfield,    . 
Raynham,    . 

William  N.  Howard, 

Easton. 

1318 


House  of  Representatives. 


COUNTY   OF   BRISTOL  —  Concluded. 


District. 


Town  or  Ward. 


Name  of  Representative. 


Residence. 


4tli, 
5th, 


6th, 

7th, 

&th, 

9th, 

10th, 

11th, 


Taunton,  Wards  5,  7,  8, 

Taunton,  Wards  2,  3,4, 

r  Berkley, 
I  Dighton, 

llehoboth,    . 

Taunton,  Wards  1,  G, 

'  Acushnet,    . 
Dartmouth, 
Fairhaveu,  . 
Freetown,    . 

New    Bedford,    AV^ards 
1,  2,  3,     . 

New    Beilford,    Wards 
4,  5,  6,     . 


f  Fall  River,  Wards  1,  2, 

\  Westport,    . 


Fall  River,  Wards  3,  4, 
5,     .         .         .         . 

f  Fall  River,  Wards  G,  7, 
8,  9, 
Somerset,    . 
Swansea, 


William  A.  Bellamy, 
Clifford  L.  King,     . 

Ellery  L.  Goff, 
Nathan  Winslow  Davis, 


Charles  Lewin, 
John  J.  Pureell, 

Andrew  P.  Doyle,  . 
Edward  R.  llatliawa}', 

AVilliam  Booth, 
William  II.  Gifford,  3d, 

Edward  F.  Harrington, 
Josejih  A.  Parks,     . 

David  P.  Keefe, 
Frank  Mulveney,     . 
Isaac  E.  Willetts,    . 


Taunton. 
Taunton. 

Rehoboth. 


Freetown. 


New  Bedford. 
New  Bedford. 

New  Bedford. 
New  Bedford. 

Fall  River. 
Westport. 

Fall  River. 
Fall  River. 

Fall  River. 
Fall  River. 
Fall  River. 


COUNTY   OF   BARNSTABLE. 


1st, 


2d, 


Barnstable, 

Bourne, 

Falmouth, 

Mashpee, 

Sandwich, 

'  Chatham, 
Dennis, 
Harwich, 
Yarmouth, 


Asa  L.  Pattee, 


Benjamin  D.  Giffoixl, 


Falmouth. 


Chatham. 


House  of  RErnESENTATivEs. 


13  J  9 


county  of  BARNSTABLE  — Concluded. 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

3d, 

Brewster,    . 
Eastham,     . 
Orleans, 
Provincetown, 
Truro, 
Wellfleet,    . 

Alfred  W.  Cushman, 

Provincetown. 

COUNTY  OF  DUKES  COUNTY. 


1st, 


Chilmark,    . 
Edgartown, 
Gay  Head,  . 
Gosnold, 
Oak  Bluffs, 
Tisbury, 
West  Tisbury, 


William  J.  Look, 


Tisbury. 


COUNTY   OF   NANTUCKET. 


1st, 


Nantucket, 


Benjamin  Sharp, 


Nantucket. 


JAMES   W.    KIMBALL, 
DANIEL   W.    WALDRON, 
THOMAS   F.   PEDRICK, 


Clerk. 

Chajilain. 

Sergeant-at-Arms. 


1320 


Judicial  DErAiiTMENT. 


JUDICIAL  DEPARTMENT. 


SUPREME  JUDICIAL   COURT. 

CHIEF  JUSTICE. 


ARTHUR  PRENTICE  RUGG, 

ASSOCIATE  JUSTICES. 

JAMES  M.  MORTON,  . 

JOHN  WILKES  HAMMOND, 

WILLIAM  CALEB  LORING, 

HENRY  K.  BRALEY,  . 

HENRY  NEWTON  SHELDON,     . 

CHARLES  AMBROSE  DE  COURCY, 


of  Worcester. 

of  Fall  River, 
of  Cambridge, 
of  Boston, 
of  Boston, 
of  Boston, 
of  Lawrence. 


SUPERIOR   COURT. 

CHIEF  JUSTICE. 


JOHN  ADAMS  AIKEN, 


ASSOCIATE  JUSTICES, 

FRANKLIN  G.  FESSENDEN, 
JOHN  H.  HARDY, 
WILLIAM  B.  STEVENS, 
CHARLES  U.  BELL,     . 
FREDERICK  LAWTON, 
EDWARD  P.  PIERCE, 
.TABEZ  FOX, 
WH.LLVM  C.  WAIT,    . 
LLOYJ)  E.  WHITE,      . 
LORANUS  E.  HITCHCOCK 
JOHN  C.  CROSBY,       . 
WHJJAM  F.  DANA,     . 
JOHN   F.  BROWN, 
HENRY  A.  KING, 
(JEOlKiE  A.  SANDERSON, 
ROBERT  F.  RAYMOND. 
MARCUS  MORTON,      . 


of  Oreenjield. 

of  Oreenfield. 
of  Arlington, 
of  Sloneham. 
of  Andover. 
of  Lowell, 
of  Fitchburg. 
of  Cambridge, 
of  Mcdfurd. 
of  Taunton. 
of  Springfield, 
of  Pitlsfcld. 
of  Newton, 
of  Milton, 
of  Spring/icld. 
of  Ayer. 

of  New  Bedford, 
of  Newton. 


Judicial  Department. 


1321 


CHARLES  F.  JENNEY, 
JOSEPH  F.  QUINN,    . 

JOHN  D.  McLaughlin. 

JOHN  B.  RAriGAN,   . 
HUGO  A.  DUBUQUE, 
PATRICK  M.  KEATIN(i, 
WALTER  PERLEY  HALL, 
NATHAN   D.    PRATT, 
FREDERIC    H.    CHASE, 
RICHARD   VV.    IRWIN, 


of  Hyde  Park, 
of  Salem, 
of  Boston, 
of  Worcester, 
of  Fall  River, 
of  Boston, 
of  Filchbnrg. 
of  Lowell, 
of  Boston, 
of  Northampton. 


CHARLES  T.  DAVIS, 


LOUIS  M.  CLARK, 


LAND   COURT. 

JUDGE. 

ASSOCIATE  JUDGE. 

RECORDER. 


CLARENCE  C.  SMITH,       . 


.     of  Marblehead. 
.     of  Boston. 
.     of  Newton. 


JUDGES   OP   PROBATE   AND 

ROBERT  GRANT,  Boston,    .... 
ELIJAH  GEORGE,  Boston,  .... 
ROLLIN  E.  HARMON,  Lynn,       . 
HARRY  R.  DOW,  North  Andover, 
CHARLES  J.  McINTIRE,  Cambridge, 
GEORGE  FIELD  LAWTON,  Cambridge,      . 
WILLIAM  T.  FORBES,  Westborougli, 
FREDERICK  H.  CHAMBERLAIN,  Worcester, 
WILLIAM  G.  BASSETT,  Northampton, 
CHARLES  L.  LONG,  Springfield, 
FRANCIS  M.  THOMPSON,  Greenfield, 
EDWARD  T.  SLOCUM,  Pittsfield, 
JAMES  H.  FLINT,  Weymouth,    . 
LOYED  E.  CHAMBERLAIN,  Brockton, 
WILLIAM  E.  FULLER,  Taunton, 
FREEMAN  H.  LOTHROP,  Barnstable, 
CHARLES  G.  M.  DUNHAM,  Edgartown,    . 
HENRY  RIDDELL,  Nantucket,     . 


INSOLVENCY. 

.     Suffolk. 
.     Suffolk. 


Essex. 

Essex. 

Middlesex. 

Middlesex. 

Worcester. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 


1322 


Judicial  Department. 


Special  Judges  op  Probate  and  Insolvency. 


HENRY  P.  FIELD,  Northampton, 
CHARLES  H.  BECKWITH,  Springfield, 
LYMAN  W.  GRISVVOLD,  Greenfield,  . 
WILLLUd  A.  BURNS,  Pittsfield,  . 


Hampshire. 
Hampden. 
Franklin. 
Bgrksuire. 


REGISTERS   OF  PROBATE   AND   INSOLVENCY. 


ARTHUR  W.  DOLAN,  Boston,    . 

WILLIAM  E.  ROGERS,  Wakefiel.l,      . 
JOHN  W.  MAWBEY,  Worcester, 
HUBBARD  M.  ABBOTT,  Northampton, 
FRANK  G.  HODSKINS,  Springfield,    . 
FRANCIS  N.  THOMPSON,  Greenfield, 
ARTHUR  M.  ROBINSON,  North  Adams, 
JOHN  D.  COBB,  Dedham,   . 
SUMNER  A.  CHAPMAN,  Hanson, 
ARTHUR  M.  ALGER,  Taunton,  . 
CLARENDON  A.  FREEMAN,  Barnstable, 
BERIAH  T.  HILLMAN,  Edgartown,     . 
ROBERT  MACK,  Nantucket, 


Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 


DISTRICT  ATTORNEYS. 


JOSEPH  C.  PELLETIER,  Boston, 
JOHN  J.  IHGGINS,  Somerville, 
HENRY  C.  ATWILL,  Lynn,       . 
JOSEPH  T.  KENNEY,  New  Bedford, 
ALBERT  F.  BARKER,  Brockton, 
JAMES  A.   STILES,  Gardner,     . 
CHRISrOPHER  T.  CALLAHAN,  Holyoko, 

1 


Suffolk. 

Northern. 

Eastern. 

Southern. 

Southeastern. 

Mn)ULE. 

Western. 

Northwestern. 


SHERIFFS. 
FRED  II.  SEAVEY,  Boston, 
SAMUEL  A.  JOHNSON,  Salem, 
JOHN  R.  FAIRBAIRN,  Cambridge,     . 


Suffolk. 

Essex. 

Middlesex. 


*  Vacancy;  caused  by  the  decease  of  Jeremiah  T.  Mahouey,  the  duly  elected  register,  who  died 
October?,  1911. 
t  Vacancy ;  caused  by  the  apiiointnu-nt  of  Richard  W.  Irwlu,  the  duly  elected  district  attorney, 

ab  an  aasociate  justice  of  the  HUi)ci-ior  court. 


Judicial  Department. 


1323 


BENJAMIN  D.  DWINNELL,  Fitchburg, 
MAURICE  FITZGERALD,  Northampton, 
EMBURY  P.  CLARK,  Springfield, 
EDSON  J.  PRATT,  Erving, 
JOHN  NICHOLSON,  Pittsfield, 
SAMUEL  H.  CAPEN,  Dedham, 
HENRY  S.  PORTER,  Plymouth, 
EDWIN  H.  EVANS,  Taunton, 
HENRY  M.  PERCIVAL,  Orleans, 
WALTER  H.  RENEAR,  Tisbury, 
JOSIAH  F.  BARRETT,  Nantucket, 


Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 


CLERKS  OF  COURTS. 

CLARENCE  II.  COOPER,  Boston,  Clerk  of  the  Supreme  Judi- 
cial Court  for  the  Commonwealth. 
AV ALTER  F.  FREDERICK,  Boston,  Supreme  Judicial  Court, 
FRANCIS  A.  CAMPBELL,  Boston,  Sup.  Court,  Civil  Business, 
JOHN  P.  MANNING,  Boston,  Sup.  Court,  Criminal  Business, 
EDWARD  B.  GEORGE,  Haverhill, 
WILLIAM  C.  DILLINGHAM,  Maiden,* 
THEODORE  S.  JOHNSON,  Worcester, 
IIAYNES  H.  CHILSON,  Northampton, 
ROBERT  O.  MORRIS,  Springfield, 
CLIFTON  L.  FIELD,  Greenfield,  . 
FRANK  H.  CANDE,  Pittsfield, 
LOUIS  A.  COOK,  Weymouth, 
EDWARD  E.  HOBART,  Plymouth, 
SIMEON  BORDEN,  Fall  River, 
ALFRED  CROCKER,  Barnstable,  . 
SAMUEL  KENISTON,  Edgartown, 
JOSIAH  F.  MURPHEY,  Nantucket, 


Suffolk. 
>  Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 


*  Appointed  by  the  justices  of  the  court,  In  place  of  Theodore  C.  Kurd,  deceased. 


132i 


Members  of  Conghess. 


MEMBERS  OF  THE  SIXTY-SECOND  CONGRESS. 


[Congressional  Districts  establialied  by  Chap.  511,  Acts  of  1901.] 


Senators. 


HENRY   CABOT  LODGE,  . 
WINTIIROP  MURRAY   CRANE, 


of  Nahcmt. 
of  Dalton. 


Representatives 

District  I.  — GEORGE  P.  LAWRENCE, 
IL  — FREDERICK  H.  CJILLETT, 

m. JOHN  A.  THAYER, 

IV.  — Wn.LIAM  H.  WILDER, 
v.— BUTLER  AMES, 
VI.  — AUGUSTUS  P.  GARDNER 
VH.  — ERNEST  W.  ROBERTS, 
VIII.  — SAMUEL  W.  McCALL, 
IX.  — WILLIAM  F.  MURRAY, 
X.— JAMES  M.  CURLEY, 
XL  — ANDREW  J.  PETERS, 
XII.— JOHN  W.  WEEKS,    . 
XIIL— WILLIAM  S.  GREENE, 
XIV.  — ROBERT   O.    HARRIS, 


of  North  Adams. 

of  Sprinyfield. 

of  Worcester. 

of  Gardner. 

of  Lowell. 

of  Hamilton. 

of  Chelsea. 

of  Winchester. 

of  Boston. 

of  Boston. 

of  Bosto7i. 

of  Newton. 

of  Fall  River. 

of  E.  Bridgewater. 


APPENDIX 


The  following  tables  have  been  prepared  by  Fisher  Ames,  Esq., 
appointed  to  that,  duty  under  section  1  of  chapter  9  of  the  Revised 
Laws,  which  directs  the  governor  to  "  appoint  a  skilled  person  to 
prepare  ...  a  table  of  changes  in  the  general  laws,"  etc.,  "  to  be 
printed  in  such  editions  of  the  laws  as  the  governor  shall  direct." 


TABLES 


SHOWING 


WHAT     GENERAL    LAWS     OF    THE    COMMONWEALTH 
HAVE     BEEN     AFFECTED     BY     SUBSEQUENT 

LEGISLATION 


I 
CHANGES  IN  THE  "REVISED  LAWS" 


Chapter  1.  —  Of  the  Jurisdiction  of  the  Commonwealth,  and  Places  ceded 

to  the  United  States. 

Act  to  protect  the  dignity  and  honor  of  the  uniform  of  the  United  States. 
St.  1911,  460. 

Sect.  4.  Act  relative  to  the  boundary  line  of  the  Commonwealth. 
St.  1906,  146;  1908,  192. 

Sect.  5.  Tracts  ceded:  Nahant.  St.  1902,  373.  The  "Graves."  St. 
1903,  258  §  1.  Nantucket.  St.  1904,  428.  Hingham  and  Weymouth. 
St.  1905,  446.  Hull.  St.  1905,  455;  1906,  511.  Deer  Island.  St.  1907, 
172.     East  Boston.     St.  1910,  331;  1911,  546.     Lowell.     St.  1911,  255. 

Sect.  9  extended  to  geological  survey.     St.  1903,  150  §  1. 

Sects.  10-12.     See  St.  1903,  150  §  2. 

Sect.  13.     See  St.  1906,  146. 

Chapter  2.  —  Of  the  Arms  and  the   Great  Seal  of  the  Commonwealth. 

Sect.  1.  Use  of  representations,  for  advertising  or  commercial  purposes, 
forbidden.     St.  1903,  195. 

Act  to  define  the  flag  of  the  Commonwealth.     St.  1908,  229. 

Flag  of  the  United  States  and  of  the  Commonwealth  to  be  displayed  on 
public  buildings.     St.  1909,  60.     (See  1909,  229;  Res.  1911,  5;  St.  1911, 232.) 

Chapter  3.  —  Of  the  General  Court. 

As  to  the  fiscal  year  and  appropriations,  see  St.  1905,  211  §  12. 
As  to  petitions  for  construction  or  repairs  of  buildings,  see  St.   1907, 
520.     Bulletin  of  hearings.     Res.  1909,  5.     St.  1911,  427. 


1328  Changes  in  the  [Chai-s.  4-6. 

Sect.  8  amemlcd.     St.  1911,  676  §  1.    (See  Res.  1911,  127,  130.) 

Sect.  10  amenclcd.     St.  1907,  163. 

Sect.  11.     Salaries  changed.     St.  1907,  304. 

Sect.  12  amended.     St.  1904,  87;    1906,  126.    (See  1904,  440.) 

Sect.  13.     See  St.  1911,  674. 

Sect.  17  amended.     St.  1902,  544  §  1. 

Sect.  21.     See  St.  1910,  473.     Res.  1910,  120. 

Sect.  22.     See  St.  1911,  136. 

Sect.  24.     See  St.  1909,  174;  Res.  1909,  5. 

Sects.  33,  34  (new)  added.     St.  1911,  728. 

Chapter  4.  —  Of  the  Governor,  Lieutenant  Governor  and  Council. 

Provision  for  an  art  commission.     St.  1910,  422. 

Sect.  6  amended.  St.  1902,  523  §  1;  1904,  268;  1906,  109;  1908,  497, 
507.     (See  1910,  513.) 

Sect.  7  amended.     St.  1908,  540. 

Sect.  8  in  part  superseded.     St.  1908,  507.     (See  1904,  88.) 

Sect.  9  amended.     St.  1908,  549. 

Sects.  10,  11.     See  St.  1905,  328;  1910,  220,  326. 

Sect.  U  affected.     St.  1908,  544. 

Chapter  5.  —  Of  the  Secretary  of  the  Commonwealth. 

Provision  for  two  deputy  secretaries.     St.  1908,  561;  1910,  66. 

Provision  for  filing  power  of  attorney  by  certain  non-residents  for  service 
of  legal  process.     St.  1908,  528. 

Sect.  1  amended.     St.  1907,  276.     (See  1908,  469.) 

Sect.  2  revised.     St.  1902,  364.     Amended,  1908,  496,  508,  561. 

Sect.  4  ct  seq.  See  St.  1902,  470,  524,  544  §  8;  1903,  368  §§  2,  4,  437 
§  88,  484  §§  2,  3;  1904,  374  §  5,  458  §  2;  Res.  1904,  8;  1905,  204,  321  § 
2;  1906,  433  §  4,  434;   1907,  111,  396  §  1,  571  §  1;   1908,  208,  314,  590  § 


25; 


1909,  371  §  3;  1910,  83;  1911,  550  §  19,  628  §  12. 


Sect.  6.     See  St.  1902,  438. 
Sects.  10,  11.    See  St.  1910,  483. 
Sect.  11  amended.     St.  1903,  424  §  1. 

Chapter  6.  —  Of  the  Treasurer  and  Receiver  General,  the  Auditor  of  Accounts 

and  Matters  of  Finance. 

An  act  to  establish  a  new  fiscal  year  for  the  Commonwealth.  St.  1905, 
211. 

Sect.  1.  Expense  of  bond  to  be  paid  by  the  Commonwealth.  St.  1907, 
276  §  1.    (See  1908,  469.) 

Sect.  1  d  scq.  See  St.  1903,  251,  368  §  2;  1904,  246,  421,  426,  427 
§§  1,  3,  431;  1905,  428;  1906,  204  §  4.  407,  435  §  8;  1907,  1()5.  229  §  4, 
238,  446  §  2,  474,  563;  1908,  168,  590  §§  4,  8,  55-58,  595  §  4,  624;  1909, 
490  I  §  34,  III  §  68,  491  §  2;  1910,  220,  255,  598  §  6,  607  §  (i,  649,  651  §  9, 
656  §§  2-6;  1911,  148,  478,  532. 


Chap.  6.]  REVISED   LawS.  1329 

Sect.  4.  Additional  clerks.  St.  1909,  94  §  1;  1910,  151.  Salaries 
changed:  Third  clerk.  St.  1903,  398  §§  1,  2.  Assistant  bookkeeper. 
St.  1905,  272.  Assistant  paying  teller.  St.  1910,  230.  Messenger.  St. 
1910,  265.     (See  1907,  276.)    Employees  to  give  bonds.     St.   1910,   126. 

Sect.  0.     See  St.  1911,  526. 

Sect.  7.     See  St.  1903,  109;  1907,  121.    (See  1908,  414.) 

Sect.  9  amended.     St.  1905,  211  §  2. 

Sect.  13.  See  St.  1908,  469.  Title  changed  and  deputy  auditor  and 
supervisor  of  accounts  provided  for.  St.  1908,  597.  Provision  for  regis- 
tration of  public  accountants.     St.  1909,  399;    1910,  263;    1911,  81. 

Sect.  14  revised.  St.  1907,  139  §  2,  276;  1908,  597  §§  2,3;  1911,  294. 
(See  1902,  177;  1903,  120;  1904,  440;  1905,  149;  1908,  638.)  List  of 
officials  and  employees  to  be  printed.     St.  1910,  268;  1911,  43. 

Sect.  15  et  seq.  See  St.  1903,  368  §  2;  1904,  431,  458  §  2;  1909,  430 
§  3;  1910,  220,  268,  517;  1911,  592  §  2. 

Sect.  16  affected.     St.  1908,  195. 

Sect.  21  revised.     St.  1907,  139  §  1.     (See  1905,  211  §  3;  1908,  414.) 

Sect.  22  revised.     St.  1905,  211  §  4;  1908,  630. 

Sect.  23.     See  St.  1910,  517;  1911,  526. 

Sect.  25  amended.  St.  1905,  211  §  5;  1908,  597  §  5;  1910,  220,  §§ 
1,2. 

Sect.  26  repealed  and  new  provisions  made.  St.  1910,  220.  (See  1905, 
211  §  6;  1907,  520;  1908,  195;  1910,  268;  1911,  43,  82.) 

Sect.  27  repealed.  St.  1905,  211  §  13.  (See  1907,  520;  1910,  220 
§§  1,  2.) 

Sect.  28  amended.     St.  1910,  342.    (See  1910,  306.) 

Sect.  2^  et  seq.  See  St.  1904,  458  §§  1-6;  1907,  165  §  1.  Advances 
authorized.  St.  1909,  218;  1910,  488.  Provision  for  partial  repayment 
to  certain  towns  of  cost  of  apparatus  for  preventing  or  extinguishing  forest 
fires.     St.  1910,  398. 

Sect.  31  amended.     St.  1905,  211  §  7. 

Sect.  35  amended.  St.  1905,  369.  (See  1907,  466;  1908,  178,  195,  469; 
1909,  218,  514  §  15.)     In  part  repealed.     St.  1908,  434  §  2. 

Sect.  37  amended.     St.  1905,  211  §  8. 

Sect.  38  amended.     St.  1905,  211  §  9. 

Sect.  40  amended.     St.  1905,  211  §  10.    (See  1910,  306.) 

Sect.  41  ct  scq.      See  acts  relative    to  construction   and   improvement 
of  buildings  at  state  and   other  institutions.     St.  1907,  520,  555;    1908, 
303. 
Provision  for  an  art  commission.     St.  1910,  422. 

Sect.  46  amended.     St.  1903,  283  §  1.     (See  1905,  Res.  2.) 

Sect.  48  amended.     St.  1903,  283  §  2. 

Sect.  54.     See  St.  1910,  306. 

Sect.  59  revised.     St.  1906,  487.    (See  1902,  55.) 

Sect.  62.     See  St.  1909,  136,  148. 

Sects.  65,  79.  See  St.  1903,  471 ;  1904,  458. 

Sect.  67.  See  St.  1909,  136,  148;  1910,  306. 

Sect.  69.  See  St.  1903,  109;  1907,  121. 


1330  Changes  in  the  [Chaps.  7-9. 

Sect.  72  et  seq.  Treasurer  may  issue  bonds  or  scrip  on  serial  plan, 
instead  of  a  sinking  fund.  St.  1903,  22G;  1905,  169.  May  make  tempo- 
rary loan  in  anticipation  of  proceeds  of  bonds.  St.  1910,  123.  Issue  of 
bonds  or  notes  regulated.  St.  1904,  263.  (See  1906,  493;  1909,  148; 
1910,  137.) 

Sect.  77.     Extended  to  contracts  for  counties,  cities  and   towns.     St. 

1904,  349. 

Sect.  79  amended.     St.  1910,  512. 

Chapter  7.  —  Of  the  Attorney-General  and  the  District  Attorneys. 

Sect.  1  et  seq.  See  St.  1902,  349;  1903,  251;  1904,  344  §  1,375  §§  3-6, 
421  §  1;  1906,  372,  377  §  2,  433  §  6;  1907,  465  §  25,  524  §  3;  1908,  220, 
372  §  1,  454  §  2,  478  §  1,  590  §§  8,  17,  595  §  5;  1909,  214;  1911,  310,  755 
§5. 

Sect.  8  amended.     St.  1908,  586. 

Sect.  9.  Office  of  chief  clerk  established.  St.  1903,  357  §§  1,  2.  (See 
1907,  276;  1908,  372  §  1.) 

Sects.  11,  13.  Districts  classified  and  salaries  established.  St.  1905, 
157  §§  1,  2,  3,  5,  6;  1906,  460  §  2;  1910,  310  §  2,  369;  1911,  485.  (See 
1902,  471,  530;  1903,  395.) 

Sect.  12.  Additional  assistants.  St.  1906,  460  §  1;  1909,  276;  1910, 
310  §  1,  439.    (See  1909,  271;  1910,  373.) 

Sect.  13  et  seq.  Salaries  fixed.  St.  1906,  460  §§  2,  3;  1910,  439  §§  2, 
3,  4.     Estimates  of  expenses.     St.  1909,  271. 

Sect.  16.     See  St.  1908,  195,  469. 

Certain  expenses  authorized.  St.  1906,  494;  1907,  170.  (See  1910,  439 
§  1.)    Advances  authorized.     St.  1905,  369;  1910,  439  §  1.     (See  1908,  469.) 

Travelling  expenses  allowed.     St.  1905,  157  §  4. 

Sect.  17.     See  St.  1908,  454  §  2. 

Chapter  8.  —  Of  the  Statutes. 

Act  to  establish  a  commission  to  promote  uniformity  of  legislation  in  the 
United  States.     St.  1909,  416.     (See  1910,  73.) 
Sect.  4.     See  St.  1907,  414. 
Sect.  5,  cl.  9   amended.      St.   1910,  473;    1911,   136.     (See  1902,  109; 

1905,  328;    1907,  204;    1910,  473;     Res.  1911,  5.)     Cl.  11.     See  St.  1909, 
148. 

Chapter  9.  —  Of  the  Printing  and  Distribution  of  the  Laws. 

A  board  of  publication  is  established.  St.  1902,  438.  (See  1909,  67; 
Res.  1909,  33.) 

List  of  officials  and  employees  to  be  printed.     St.  1910,  268;  1911,  43. 

Sect.  1  amended.     St.  1910,  483. 

Sect.  2  amended.  St.  1908,  173,  443;  1909,  50,  147;  1910,  SO;  1911, 
667. 

Sect.  3  revised.     St.  1908,  474. 

Sect.  5  repealed.     St.  1905,  211  §  13.     (See  1903,  291;   1906,  235.) 

Sect.  6  repealed.     St.  1902,  438  §  7. 


Chaps.  10,  11.]  REVISED   LaWS.  1331 

Sect.  7.  In  part  repealed.  St.  1902,  228  §  8,  438  §  7.  Amended.  St. 
1902,  269;  1903,  291,  390;  1904,  388  §  1,  410;  1905,  138;  1906,  296  §  2; 
1908,  444,  459,  462  §  5,  523;  1909,  371  §  3;  1910,  83,  236,  429,  514,  599 
§  1;  1911,  51,  446,  526.  Last  clause  limited.  St.  1909,  67.  (See  1907,  289; 
1908,  481  §  1;  Res.  1909,  33;  St.  1910,  268.) 

Provision  for  distribution  of  certain  town  records.  St.  1902,  470  §  2. 
And  of  certain  documents  to  law  libraries.     St.  1904,  209. 

Reports  of  boards  of  health.  St.  1902,  230;  1905,  275.  Limitation  as 
to  statistics.     St.  1904,  388  §  2. 

Sect.  8  amended.     St.  1908,  422. 

Sect.  9.     See  Res.  1905,  2. 

Sect.  10  amended.     St.  1910,  121. 

Chapter  10.  —  Of  the  State  House,  the  Sergeant-at-Arms  and  the  State 

Library. 

Provision  for  night  watch  and  fire  alarm.     St.  1911,  723. 

Sect.  3.     See  St.  1908,  195,  469. 

Sect.  4.     See  St.  1907,  135  §  1;  1908,  485  §  1;  1909,  514  §  2;  1910,  326. 

Sect.  6  amended.     St.  1905,  218  §  1;  1909,  174  §  1. 

Sect.  7  amended.     St.  1909,  174  §  1. 

Sect.  9.  Compensation  of  elevator  men.  St.  1910,  634.  (See  1906, 
232.)    Porters.     St.  1907,  384.     Matron.     St.  1910,  152. 

Sect.  10  amended.  Compensations  fixed.  St.  1903,  455  §  1;  1905,  218 
§  2;  1907,  359;  1909,  174. 

Sect.  11  amended.  St.  1911,  115.  Sergeant  may  employ  a  cashier  who 
shall  be  a  stenographer.  St.  1903,  323  §  1;  1911,  60.  Postmaster's  salary 
changed.     St.  1903,  323  §  1. 

Sect.  12  amended.     St.  1911,  115. 

Sect.  15  amended.     St.  1910,  154. 

Sect.  17.    See  St.  1910,  326,  422;  Res.  1911,  113. 

Sect.  21.     See  St.  1910,  326. 

Sects.  24,  25,  27,  30  amended.     St.  1910,  217. 

Sect.  26  amended.     St.  1910,  421  §  1. 

Sect.  27.     Amount  increased.     St.  1905,  154;   1908,  342;   1910,  421  §  2. 

Sect.  29  revised.     St.  1905,  154;  1910,  421  §  2. 

Chapter  11.  —  Of  Elections. 

This  chapter,  except  sections  422-425,  is  repealed  and  superseded  by 
St.  1907,  560,  579,  581;  1908,  345,  391,  423,  425,  428,  461,  518;  1909,  149, 
213,  264,  344,  492;  1910,  44,  55,  147,  182,  200,  246,  520;  1911,  222,  304, 
353,  354,  355,  378,  422,  436,  517,  518,  550,  679,  735,  745.  (See  1902,  56, 
90,  157,  225,  346,  348,  384,  492,  506,  512,  518,  537,  544  §  2;  1903,  279,  318, 
368,  425,  426,  430.  450,  453,  454,  474;  1904,  41,  179,  201,  245,  275,  293, 
294,  310,  334,  375,  377,  380,  404;  1905,  111,  313,  318,  386,  397;  1906,  76, 
291,  §  18,  298,  311,  444,  481,  497;  1907,  330,  387,  429,  468,  543;  1908, 
83,  85,  361,  480;  1909,  356,  514  §  45;  1910,  110,  293;  1911,  7,  243.  Res. 
1911,  75.) 


1332  Changes  in  the  [Chap.  12. 

Certain  veteran  soldiers  and  sailors  may  vote  without  being  assessed  for 
a  poll  tax.     St.  1906,  481. 

Act  relative  to  direct  nominations  of  candidates  for  state  offices,  election 
of  committees,  etc.     St.  1911,  550. 

Act  relative  to  appointment  of  deputy  election  officers  in  certain  cities. 
St.  1911,  436. 

Act  relative  to  primaries  and  elections.     St.  1911,  679. 

Meetings  of  registrars.     St.  1911,  745. 

Name  of  party  changed.     St.  1902,  56. 

Municipal  parties  in  Cambridge.     St.  1902,  529. 

Sects.  422-425.  New  districts.  St.  1906,  497.  Nominations  in  certain 
districts  to  be  made  in  caucus  by  direct  plurality  vote.  St.  1907,  543; 
1909,  356;  1910,  520.     (See  1903,  450.) 

Act  to  divide  the  Commonwealth  into  election  districts.     St.  1906,  497. 

Acts  to  prohibit  unsigned  political  advertisements  and  contributions  by 
certain  corporations.     St.  1907,  581;  1908,  483;  1910,  55;  1911,  422. 

Chapter  12.  —  Of  the  Assessment  of  Taxes. 

This  chapter  is  in  part  superseded  by  St.  1909,  490  Part  I;  1911,  89,  308, 
366. 

Sects.  1-4.  See  St.  1902,  374  §  4;  1909,  490  I  §§  1-4.  See  also  1903, 
386;  1904,403;  1906,523. 

Sect.  5,  cl.  3.     See  St.  1911,  400,  634  §  7. 

Sect.  5.  Provision  for  reimbursing  cities  and  towns  for  loss  of  taxes 
on  land  used  for  public  institutions.     St.  1910,  607;  1911,  478. 

Sect.  5  amended.  St.  1906,  315,  493;  1907,  367;  1908,  464  §  1,  594; 
1909,  223,  490  I  §  5,  516  §  1;  1910,  333,  559  §  3.     (See  1906,  481.) 

Sect.  6  amended.     St.  1908,  120;  1909,  187,  490  I  §  6. 

Sects.  7,  8,  9  repealed  and  new  provisions  made.  St.  1902,  374  §§  1-3, 
375;  1909,  490  I  §  7. 

Sects.  10-12.     See  St.  1903,  161;  1909,  243,  490  I  §§  10,  11;  1911,  135. 

Sects.  13-15.  See  St.  1902,  113;  1904,  385;  1909,  440  §2,  490  I  §§ 
13-15;  1911,  75. 

Sect.  16.     See  St.  1909,  490  I  §  16. 

Sect.  17  amended.     St.  1902,  112;  1909,  490  I  §  17. 

Sects.  18-22.     See  St.  1909,  490  I  §§  18-22. 

Sect.  23  amended.  St.  1902,  342  §  1;  1909,  439  §  1.  (See  1906,  463 
III  §  126;  1909,  490  I  §  23,  516  §  2.) 

Sects.  24^1.     See  St.  1909,  490  I  §§  24-41;  1910,  260. 

Sect.  41  revised.     St.  1903,  157  §  1;  1909,  440  §§  2,  3. 

Sects.  42-18.     See  St.  1909,  490  I  §§  42-48. 

Sect.  49  repealed.     St.  1902,  111. 

Sects.  50-58.     See  St.  1909,  400  I  §§  49-57. 

Sect.  54  amended.     St.  1908,  589  §  5. 

Sect.  57  amended.     St.  1908,  387  §  1. 

Sect.  58  amended.     St.  1907,  181;    1908,  314,  387  §  2;  1909,  440  §  2. 

Sects.  59-72.     See  St.  1909.  490  T  §§  58-71. 

Sects.  60,  61,  63.     See  St.  1908,  314. 


Chaps.  13,  U.]  REVISED   LawS.  1333 

Sects.  73-84.  See  St.  1905,  381  §  7;  1906,  268  §  5;  1907,  521  §  3; 
1909,  490  I  §§  72-83;  1911,  242. 

New  section  added,  1904,  442  §  1;  1909,  490  I  §  84. 

Sect.  84  amended.     St.  1902,  91;  1909,  490  I  §  83. 

Sects.  85-101.     See  St.  1909,  490  I  §§  65-101;  1911,  89,  366. 

Sect.  93  amended.  St.  1904,  181;  1906,  271  §  11;  1909,  440  §  2,  490 
I  §93. 

Sect.  94  amended.     St.  1909,  440  §  2,  490  I  §  94.    (See  1908,  314.) 

Sect.  100.     Apportionment  of  state  tax.     St.  1911,  752. 

Sect.  101.     See  St.  1909,  449,  490  I  §  101;  1911,  366. 

Chapter  13.  —  Of  the  Collection  of  Taxes. 

This  chapter  is  superseded  in  part  by  St.  1909,  490  II;    1911,  370. 

Provision  for  a  special  collector  in  towns.     St.  1910,  272. 

Sects.  1-19.     See  St.  1909,  440  §  2,  490  II  §§  1-19. 

Sect,  13  amended.     St.  1907,  378  §  2,  427;   1909,  490  II  §  13,  512. 

Acts  to  provide  for  authoritative  ascertainment  of  municipal  liens  on 
real  estate.     St.  1907,  378  §  1 ;   1908,  299;  1909,  490  II  §  20.     (See  1911,  75.) 

Sects.  20-34.     See  St.  1909,  490  II  §§  21-35. 

Sect.  31  amended.     St.  1908,  99  §  1;  1909,  490  II  §  32. 

Sect.  35  amended.     St.  1909,  440  §  2;  490  II  §  36. 

Sects.  36-49.     See  St.  1909,  490  II  §§  37-50. 

Sect.  43  amended.  St.  1902,  423;  1905,  193;  1909,  490  II  §  44;  1911, 
370. 

Sect.  44  amended.     St.  1909,  259,  490  II  §  45. 

Sects.  49,  50.     See  St.  1909,  440,  490  II  §§  50,  51. 

Sects.  51-69.     See  St.  1909,  490  II  §§  52-70. 

Sect.  58  amended.     St.  1905,  325  §  1 ;  1909,  490  II  §  59. 

Sects.  60,  61  superseded.     St.  1902,  443;  1909,  490  II  §§  61,  62. 

Sect.  61  amended.     St.  1905,  325  §  2. 

Sects.  70-87.     See  St.  1909,  490  II  §§  71-89. 

Sect.  75  amended.     St.  1905,  325  §  3;    1908,  226;    1909,  490  II  §  76. 

Provision  for  injunction  against  non-residents  doing  business  until  tax  is 
paid.     St.  1906,  372;  1908,  247;  1909,  490  II  §  81. 

Sect.  76  et  scq.     See  St.  1910,  272. 

Sect.  83  amended.     St.  1908,  99  §  2;  1909,  490  II  §  85. 

Chapter  14.  —  Of  the  Taxation  of  Corporations. 

The  law  as  to  the  taxation  of  corporations  is  revised.  St.  1903,  437  §§ 
45-48,  71-87;  1909,  342,  490  III,  528;  1910,  216,  270,  456,  650;  1911, 
337,  339,  379,  383,  618. 

Act  to  regulate  distribution  of  corporate  franchise  tax  of  domestic  cor- 
porations.    St.  1910,  456. 

Sect.  1  amended.     St.  1907,  564  §  1;  1909,  490  III  §  1. 

Sect.  2  amended.  St.  1904,  99;  1906,  322;  1907,  564  §  2;  1908,  550  §  1; 
1909,  430  §  1,  490  III  §  2. 

Provision  for  supervisors  of  assessors.     St.  1908,  550;    1909,  490  III  §  2. 


1334  Changes  in  the  [Cuap.  u. 

Sects.  3-5.     See  St.  1909,  490  III  §§  3-5. 

Sect.  4  amended.  St.  1906,  271  §  1;  1908,  468;  1909,  440  §  2.  Pro- 
vision for  order  by  commissioner  as  to  method  of  keeping  records.  St. 
1909,  490  III  §  7.  And  recommending  revision  of  valuation.  St.  1910, 
260.     (See  1910,  607;  1911,  478.) 

Sect.  5  amended.     St.  1908,  433  §  1.     (See  1908,  433  §  2.) 

Sects.  6,  7  repealed.     St.  1908,  468.     (See  1911,  184.) 

Sects.  8,  9.     See  St.  1909,  490  III  §§  8,  11. 

Assessment  of  salaries  and  expenses  of  railroad  and  gas  and  electric  light 
commissions  and  of  vessels  engaged  in  foreign  carrying  trade.  St.  1909, 
490  III  §§  9,  10. 

Sects.  10-18.     See  St.  1909,  490  III  §§  12-20. 

Sect.  17  amended.     St.  1906,  271  §  2. 

Sects.  19-36.     See  St.  1909,  490  III  §§  21-38;  1910,  216. 

Sect.  19  amended.  St.  1906,  271  §  3;  1907,  246;  1909,  342  §  1;  1911, 
337. 

Sect.  20  amended.     St.  1906,  271  §  4;  1909,  342  §  2. 

Sect.  22  amended.     St.  1906,  271  §  5. 

Sect.  23.     See  St.  1908,  608;  1909,  419  §  25. 

Sect.  24  amended.     St.  1903,  307  §  1. 

Sects.  24-34.     See  St.  1909,  490  III  §§  26-32;  1910,  235. 

Sect.  32  amended.     St.  1906,  271  §  6;  1909,  440  §  1. 

Sect.  33  amended.     St.  1906,  271  §  8. 

Sect.  34.     See  St.  1911,  339. 

Sect.  35  amended.     St.  1908,  520  §  12;  1909,  440  §  2. 

Sects.  35,  36.     See  St.  1909,  490  III  §§  37,  38;  1910,  216. 

Sects.  37-40  in  part  repealed.     St.  1903,  437  §  95. 

Sect.  37  amended.  St.  1909,  267  §  1,  440  §  2.  (See  1910,  650;  1911, 
184.) 

Sect.  38  amended.  St.  1909,  267  §  2,  439  §  2.  440  §  2.  (See  1902, 
342;  1903,  437  §§  71,  95;  1909,  490  III  §  41;  1910,  270;  1911,  379.) 

Sect.  39  amended.     St.  1906,  463  II  §  258;   1909,  439  §  3,  490  III  §  42. 

Sect.  40  amended.     St.  1906,  271  §  9;  1909,  490  III  §  43. 

Sects.  41,  43-47  repealed.  St.  1906,  463  III  §  158.  (See  1906,  463  III 
§§  130,  133;  1909,  440  §  1,  490  III  §  44,  47-51.) 

Sect.  42  amended.  St.  1902,  342  §  5;  1909,  439  §  4,  490  III  §  45.  In 
part  repealed.     St.  1903,  437  §  95.     (See  1906,  463  III  §  129.) 

Assessment  in  case  of  abatement  of  corporation  tax.  St.  1904,  442  §  2. 
(See  1904,  440  §  2.) 

Sect.  48.     See  St.  1909,  490  III  §  52. 

Sects.  49-52  repealed.     St.  1903,  437  §  95.     (See  1904,  261  §  1.) 

Sect.  53.     See  St.  1909,  490  III  §  53. 

Sects.  54-68  in  part  repealed.     St.  1903,  437  §  95.     (See  1906,  349,  516; 

1908,  614;  1909,  490  III  §§  58-63.) 

Taxation  of  foreign  corporations.  St.  1903,  437  §  75;  1909,  490  III  §§ 
54-56. 

Sects.  54-58.     Penalties  for  non-pavment  of  corporation  taxes.     See  St. 

1909,  490  III  §§  58-63. 


Chaps.  15-18.]  REVISED   LaWS.  1335 

Sect.  54  amended.     St.  1906,  271  §  10;  1909,  490  III  §  57. 

Sect.  55  amended.  St.  1908,  318;  1909,  490  III  §  59,  528.  (See  1911, 
339.) 

Sects.  58,  61  amended.     St.  1909,  440. 

Sect.  59.     See  St.  1909,  490  III  §  59;  1911,  339. 

Sect.  61  amended.  St.  1903,  437  §  86;  1906,  516  §  20;  1908,  614  §  1; 
1909,  490  III  §  64. 

Sects.  62-64.     See  St.  1909,  490  III  §§  65-67. 

Sect.  65  amended.  St.  1909,  490  III  §  68.  (See  1903,  437  §  77;  1907, 
329,  586  §  6;  1908,  220.) 

Sect.  67  amended.     St.  1906,  349;  1909,  490  III  §  70. 

Sect.  69  repealed.     St.  1903,  437  §  95. 

Taxation  of  express  companies.     St.  1909,  490  III  §§  72-79. 

Chapter  15.  —  Of  the  Taxation  of  Collateral  Legacies  and   Successions. 

This  chapter  is  repealed  and  superseded  by  St.  1907,  563;    1908,  268, 

550,  624;   1909,  266,  268,  490  IV,  527;   1910,  440,  481;   1911,  191,  359,  502, 

551.  (See  1902,  473;  1903,248,251,276;  1904,421;  1905,367,470;  1906, 
436.) 

As  to  bequest  or  devise  free  of  tax,  see  St.  1907,  452;    563  §§  10,  11; 

1909,  490  IV  §§  10,  11. 

Chapter  16.  —  Of  the  MiUtia. 

This  chapter  is  revised.     St.  1908,  604;    1909,  167,  170,  298,  300,  323; 

1910,  225,  227,  228,  283,  299,  348;  1911,  145,  298,  326,  449,  514,  554,  594, 
633,  642,  670,  747.  (See  1902,  158,  336,  493;  1903,  151,  247,  377,  457, 
481;  1904,  226,  231,  361,  371,  439;  1905,  202,  298,  391,  465,  468;  1906, 
198,  212,  273,  373,  423,  469,  504;  1907,  232  §  4,  305,  356,  526;  1908,  315, 
317,  344,  354,  371,  434;    1909,  118,  280;    1910,  513.) 

Act  relative  to  state  and  military  aid  and  to  the  burial  of  indigent  sol- 
diers and  sailors.     St.  1909,  468. 

As  to  certain  expenses  of  instructors,  etc.,  see  St.  1909,  280. 
Provision  for  teams  in  rifle  contests.     St.  1909,  300. 

Chapter  18.  —  General  Provisions  relative  to  Sta,te  Officers. 

Sect.  6  amended.  St.  1910,  452.  List  of  officials  and  employees  to  be 
printed  annually.     St.  1910,  268;  1911,  43. 

Sect.  10.  Commonwealth  to  repay  charge  of  surety  company  for  surety- 
ship.    St.  1908,  469. 

Sect.  13  revised.  ^St.  1903,  229  §  1.  (See  1910,  473.)  Treasurers  and 
disbursing  officers  of  state  institutions  shall  keep  an  office  and  books.  St. 
1908,  195. 

Sect.  14  repealed.     St.  1903,  229  §  2. 

No  public  officer  or  body,  or  member  thereof,  shall  interfere  with  employ- 
ment in  public  service  corporations.     St.  1903,  320;  1908,  228. 

Sect.  16  amended.     St.  1904,  295. 


1330  Changes  ix  the  [Chai-s.  lo.  20. 


Chapter  19.  —  Of  the  Civil  Service. 

Extensions  of  tlio  provisions  of  this  ohaptor.  St.  190:>,  102;  1001.  \\A; 
1007.202;  1000,  oS2;  1010,  021  §1;  1011,  UkS.  Limitations.  St.  1002, 
4i;i;  1004,  430;  lOOS,  1S5;  1009,  311.  432  §  1,  453  §  2;  1011,  550  §  19. 
Ucs.  1011.  142. 

lUMuinais  and  snsponsions  roi^nlatrd.  St.  1001.  314;  1005,  243;  190(5, 
210;  1007,272;  1011,  ()24.  l^See  1900,  GO  §  3;  1001,  2SS;  1007,245,458; 
1900,  405  §  1.) 

Acts  to  establish  pension  systems.     St.  1911,  532,  553,  034. 

Act  relative  to  ])ostin_u;  notices  of  examinations.     St.  1900,  277. 

Provision  for  pnbiieity  in  certain  cases.     St.  lOOC),  300. 

No  pnblic  oilicer  or  body,  or  member  thereof,  shall  interfere  with  employ- 
ment in  public  service  corporations.  St.  1903,  320;  190S,  228.  (See  1904, 
343  §  1.) 

A  boartl  of  publication  is  established.     St.  1902,  438. 

Sect.  1  amended.     St.  1900,  159  §  1;   1907,  344;  1910,  G08. 

Sect.  2  amended.  St.  1907,  454.  Additional  employees.  St.  1906,  4G5 
§  1;  1910,  184,  204.     (See  1908,  195.) 

Sect.  4  cf  .trq.     See  St.  1900,  277. 

Sect.  5  amended.     St.  1902,  308. 

Sect.  6  ct  scq.  Acts  relative  to  civil  service  rules  and  regulations.  St. 
1904,  198;  1909,  382.     (See  also  1901.  194.) 

Sect.  9.     Exemptions.     St.  1907,  245. 

Sects.  10,  11.     See  St.  1908,  210;  1909,  332. 

Sect.  12  amended.     St.  1911.  119. 

Sect.  13  amended.     St.  1911.  t)3.     (See  1911.  119.) 

Sects.  21,  22  limited.  St.  1902,  413;  1904,  430;  1908,  185;  1909,  311, 
432  §  1. 

Sect.  23  extended.  St.  1904,  314.  Amended.  St.  1905,  150;  1910,  500. 
Limited.  St.  1909,  311,  453  §  2.  Retirement  pension  of  veterans.  St. 
1907,  458;  1909,  398;  1910,  459.     (Sih^  liHl,  725.) 

Sect.  2G  ct  scq.     See  St.  1907,  500  §§  119-12G;  1908,  SS. 

Sect.  30  cf  scq.     See  St.  1907,  581. 

Sect.  34  revised.     St.  1910,  359. 

Sect.  30  amended.     St.  1902,  514  §  3. 

Sect.  37.     See  St.  1903,  102;  1904,  143,  2SS. 

Chapter  20.  —  Of  Counties  and  County  Commissioners. 

Retirement  system  for  county  employees.     St.  1911,  034. 

County  connnissioners  authorized  to  kill  shoep-worryiui;-  doti;s  in  certain 
cases.  St.  1902,  22G;  1901,  127.  Provision  for  bounty  for  killin-;-  a  wild- 
cat or  Canada  lynx.  St.  1903,  344  §  1.  Damages  caused  by  wild  deer. 
St.  1903,407;  1909,  390. 

Sect.  1.  Muskeget  and  Gravelly  islautls  annexed  to  Nantucket.  St. 
1887,  88. 

Sect.  7.    See  St.  1909,  271. 


CHAF8. 21, 22.]  Kevised  Laws.  1o37 

• 

Sects.  8,  9  in  part  repealed.     St.  1911,  .581  §  4.    (See  1911,  587.) 

SfXT.  14.  .Salaries  elassified  and  established.  St.  19fM,  4.51  §  1;  190.5, 
179;  190(3,  290  §1;  1910,  .5:^7;  1911,299.  (See  1902,  411,  .544  §  4. j  Last 
sentence  amended.     .St.  1911,  102. 

Sect.  10  amended.     St.  1908,  4.31  §  1. 

Sect.  17  revised.     St.  1908,  4:^1  §  2. 

Sect.  19  revised.     St.  1908,  4:U  §  .':;. 

Sect.  20  limited.     St.  1908,  040  §  0. 

Sect.  2^  et  seq.  See  St.  1902,  220;  190.3,  24.3,  .344;  lOOf),  403  I  §  23, 
II  §§  117,  122;  1908,  .542,  .5-52,  000  §§  .5-7;  1909,  47  §  1,  213,  .398;  1910, 
459. 

Sect.  27.  Provision  to  secure  persons  furnishing  materials  or  labor  on 
public  works.     St.  19fJ4,  .349;  1909,  514  §  23.    (.See  1907,  188.) 

Sect.  .30.     See  St.  1904,  317. 

Chapter  21.  —  Of  County  Treasurers,  the  Controller  of  County  Accounts 

and  County  Finances. 

Retirement  system  for  county  employees.     St.  1911,  634. 

Sect.  1.     See  St.  1904,  451  §  4;    1907,  .500  §  307,  Par.  2;    1908,  .391. 

Sect.  2  amenderl.  Salaries  classifie<l  and  established.  St.  1901,  451  §§ 
1,  5;  190.5,  179;  1911,  299.     Middlesex.     St.  190^3,  290  §  1. 

Sect.  3.  Clerical  assistance:  liristol,  St.  1906,  398;  1909,  283.  Essex, 
1911,  270  §  1.  (See  1905,  322  §  1.)  Hampden,  190S,  349.  f.See  1905,  103.) 
Hampshire,  1911,  122.  Middlesex,  1911,  270  §  1.  (.See  1905,  .322  §  2.) 
Norfolk,  1907,  231.     (See  1905,  332  §  1.)    Worcester,  1908,  352. 

Sect.  9  et  seq.  P'uture  issues  of  county  bonds,  notes,  etc.,  to  be  exempt 
from  taxation  in  Massachusetts,  if  so  stated  upon  their  faces.  .St.  1908, 
464  §  1;  1909,  490  I  §  5.     (See  1909,  271.) 

Sect.  19.    See  St.  1907,  .560  §  307;  1908,  391. 

Sect.  20.     See  St.  1904,  277  §  2. 

Sect.  21.     See  St.  1908,  464;  1909,  136,  148. 

Sect.  22  amended.     .St.  1911,  .36. 

Sects.  2.5-28.     See  St.  1911,  6.34. 

Sect.  27  amended.     St.  1911,  447. 

Sect.  39.  Xon-interest-bearing  notes  may  be  issued  and  sold  at  a  dis- 
count.    St.  1904,  153. 

Sect.  44.     See  St.  1909,  271. 

Sect.  48  amended.     St.  1911,  35. 

Chapter  22.  —  Of  Registers  of  Deeds. 

Provision  for  registers  pro  terapore.     St.  1909,  213. 
Sect.  7  amended.     St.  1902,  .544  §  5. 

Sects.  8,  9-12.     Additional  assistant  in  Suffolk.     St.   1908,  612.    (See 
1909,  213.) 
Sect.  9.     See  St.  1907,  225  §  2. 

Sect.  12  amended.     St.  1906,  67  §  1.    (See  1907,  225  §  1.) 
Sect.  13.     See  St.  1909,  271;  1910,  373,  473. 


133S  Changes  in  the  ,  [Chaps.  23-25. 

Sect.  14.     See  St.  1910,  376. 

Sect.  18.    See  St.  1907,  225. 

Sect.  21  et  seq.     See  St.  1909,  271. 

Sects.  22,  23  affected.     St.  1909,  160. 

Sect.  24.     See  St.  1907,  225. 

Sect.  31  amended.     Powers  of  commissioners  increased.     St.  1902,  422. 

Sect.  32  amended.  Salaries  classified  and  established.  St.  1904,  452 
§§  1,  3. 

Provision  for    future  readjustments  of  salaries.     St.  1904,  452  §  2. 

Sect.  33.  Provision  for  estimate  of  expense  in  Suffolk.  St.  1909,  271; 
1910,  373. 

Sect.  34.     Certain  moneys  to  be  deposited.     St.  1911,  36. 

Chapter  23.  —  Of  Sheriffs. 

Term  of  office.     St.  1910,  246.     (See  1909,  560  §  350.) 

Sheriff  of  any  county  except  Suffolk  may  remove  prisoners  to  and  from 
jail  and  house  of  correction.     St.  1909,  312. 

Sect.  1.     See  St.  1908,  195,  469. 

Sect.  2.     See  St.  1908,  147;  1907,  312. 

Sect.  17.     Tenure  of  office.     St.  1906,  147.* 

Sect.  18.  Salaries  changed:  Essex,  St.  1907,  254.  Franklin,  1902,  359. 
Hampden,  1906,  233.  Hampshire,  1908,  442.  Norfolk,  1908,  446.  Plym- 
outh, 1902,  436.     Worcester,  1908,  397. 

Sects.  20,  21.  Provision  for  estimate  of  expenses  in  Suffolk.  St.  1909, 
271;  1910,373. 

Chapter  24.  —  Of  Medical  Examiners. 

Sect.  2  amended.     St.  1911,  365. 

Sect.  7  amended.     St.  1908,  424  §  1. 

Sect.  9  extended.     St.  1911,  274. 

Sect.  10  amended.     St.  1909,  273  §  1. 

Sect.  11  amended.     St.  1904,  119;  1909,  273  §  2. 

Chapter  25.  —  Of  Tov/ns  and  Town  Officers. 

Provision  for  treatment  or  purification  of  sewage,  St.  1909,  433. 

Provision  for  boards  of  survey.     St.  1907,  191. 

Act  to  determine  disposition  of  premiums  on  municipal  bonds.  St.  1910, 
379. 

Certain  towns  must  establish  and  maintain  isolation  hospitals  for  danger- 
ous diseases.  St.  1911,613.  (Seel906,  365;  1909,  391.)  And  tuberculosis 
dispensaries.     St.  1911,  576.     (See  1911,  597.) 

Town  may  provide  for  choice  of  a  moderator  for  one  year.  St.  1902, 
346.  For  appointment  of  a  town  accountant.  St.  1910,  624.  Inspector 
of  petroleum.  St.  1911,  204.  Mav  provide  industrial  schools.  St.  1911, 
471  §  4.  (See  1906,  505;  190S,  572;  1909,  540.)  For  an  advisory  or 
finance  committee.  St.  1910,  130  §  1.  May  establish  a  rifle  range.  St. 
1908,  256.  Public  gymnasiums,  baths,  etc.  "  St.  1908,  392.  An  art  com- 
mission.    St.  1911,    146.     Town    may  appropriate  money  for  observance 


CiiAP.  25.]  Revised  Laws.  1o.'39 

of  "old  home  week  or  day."  St.  1902,  109;  1907,  311.  And,  not  exceed- 
ing $500,  for  band  concerts.  St.  1904,  152;  1908,  290.  For  propagation 
and  cultivation  of  shellfish.  St.  1904,  282  §  1;  1909,  469.  Employment  of 
nurses.  St.  1911,  72.  Removal  of  snow  and  ice  from  sidewalks  in  cer- 
tain cases  and  assess  cost  on  abutting  estates.  St.  1902,  205.  Monu- 
ments to  soldiers  and  sailors  of  the  revolution.  St.  1903,  116.  (See  1910, 
90.)  Certain  pensions.  St.  1907,  186;  1908,  498;  1910,  619.  Main- 
tenance of  highways,  with  neighboring  city  or  town.  St.  1907,  196.  Im- 
provement of  harbors,  etc.  St.  1909,  481.  Towns  may  regulate  and 
license  junk  collectors.  St.  1902,  187.  May  grant  permits  in  certain  cases 
for  transportation  of  intoxicating  liquors.  St.  1906,  421  §  2.  May  con- 
tribute toward  expense  of  state  highways.  St.  1904,  125.  May  regulate 
speed  of  automobiles  and  motor  cycles,  and  use  thereof  in  certain  ways. 
St.  1909,  534  §  17.  (See  1903,  473  §  14;  1905,  366  §  1;  1906,  412  §  9; 
1908,  263,  467.)  May  license  lunch  wagons.  St.  1908,  360.  (See  1905, 
311;  1908,  353,  412;  1907,  203,  494.)  May  establish  hours  of  labor  of 
fire  department.  St.  1904,  315;  1909,  514  §  44.  May  provide  for  care  of 
neglected  burial  grounds.  St.  1902,  389.  May  restrict  catching  of  pick- 
erel. St.  1905,  417.  And  lobsters.  St.  1909,  265.  May  regulate  renting 
of  boats  or  bathing  suits  for  use  on  great  ponds.  St.  1910,  400.  Select- 
men may  authorize  street  railway  companies  to  take  land  for  certain  pur- 
poses. St.  1903,  476  §  1,  Towns  having  no  electric  light  may  contract 
therefor  with  street  railway  companies.  St.  1902,  499;  1906,  218.  (See 
1906,  463  III  §  59.)  Provision  for  suppressing  elm  leaf  beetles  and  gypsy 
and  brown-tail  moths.  St.  1902,  57;  1905,  381;  1906,  268;  1907,  521; 
1908,591;  1910,150;  1911,474.  (See  1909,  263;  1911,242.)  Bounty  to 
be  paid  for  killing  a  wild-cat,  Canada  lynx  or  loup-cervier.  St.  1903,  344 
§  1.  As  to  damages  caused  by  wild  deer,  see  St.  1903,  407;  1905,  419; 
1908,  377;  1909,  396.  Act  for  protection  of  forest  or  sprout  land  from 
fire.  St.  1908,  209.  (See  1907,  475;  1909,  394  §  2,  422.)  Provision  for 
repayment  to  certain  towns  of  part  of  cost  of  apparatus  to  prevent  or 
extinguish  forest  fires.  St.  1910,  398.  For  protection  of  sources  of  water 
supply.  St.  1908,  499.  Provision  for  public  playgrounds  in  certain  cities 
and  towTis.  St.  1908,  513.  For  sanitary  stations  in  certain  towns.  St. 
1911,  596.  For  encouraging  and  promoting  building  and  use  of  tuberculosis 
hospitals.  St.  1911,  597.  Disposition  of  certain  disabled  horses.  St.  1908, 
133. 

No  town  or  town  official  shall  publish  names  of  persons  aided  by  poor 
department.     St.  1910,  412. 

Act  relative  to  the  supervision  of  the  business  of  plumbing.  St.  1909, 
536. 

Acts  relative  to  taking  land  in  certain  cases  by  right  of  eminent  domain. 
St.  1904,  443;  1905,  390.  Act  relative  to  common  landing  places.  St. 
1908,  606. 

Cities  and  towns  authorized  to  establish  municipal  building  insurance 
funds.     St.  1905,  191;  1907,  576  §  102. 

Sect.  13  extended.     St.  1907,  232  §  1. 

Sect.  14  amended.     St.  1902,  544  §  6.    (See  1908,  360,  499.) 


1340  Changes  in  the  [Chap.  25. 

Sect.  15.  Par.  4,  see  St.  1903,  400.  Par.  5,  see  St.  1904,  125;  1907, 
196.  Par.  13  amended,  1903,  116;  1910,  90.  Par.  15,  see  St.  1903,  483. 
See,  also,  St.  1908,  290,  392,  498. 

Sect.  16.  See  St.  1902,  57;  1905,  381;  1906,  268;  1907,  521;  1908, 
591;  1909,444. 

Sect.  18  amended.     St.  1908,  91. 

Sect.  22  amended.     St.  1909,  289.     (See  1908,  452.) 

Sect.  23.  Par.  1,  see  St.  1910,  565  §  2.  Par.  4,  see  St.  1902,  205.  Par. 
7,  see  St.  1903,  383  §  3.     Par.  8,  see  St.  1903,  459;  1909,  103  §  1. 

Sect.  24.     See  St.  1903,  473  §  14;  1905,  366  §  1. 

Sect.  26  revised.  By-laws  to  be  approved  by  attornev-general  and  pub- 
lished three  times.  St.  1904,  344  §  1.  (See  1904,  344  §2;  1905,  144;  1910, 
130  §  2.) 

Sect.  27.     Repeal  and  substitute.     St.  1907,  117;  1908,  142. 

Sect.  28.     See  St.  1911,  136. 

Sect.  29.     See  St.  1910,  412,  598. 

Sect.  31  et  seq.  Towns  and  cities  may  authorize  laying  of  pipes  and 
conduits  for  conveyance  of  water.  St.  1903,  459.  And  for  heating  and 
power.     St.  1909,  103  §  1. 

Sect.  35.     Extended  to  purchase  of  water.     St.  1902,  361. 

Sect.  37.     See  St.  1905,  266. 

Sect.  39  affected.     St.  1910,  405. 

Sect.  44.     See  St.  1909,  371  §  6. 

Sect.  45  ct  scq.     See  St.  1904,  317,  443. 

Sect.  49.     See  St.  1905,  266. 

Sect.  52.     See  St.  1906,  463  III  §§  64-66;  1911,  442,  481. 

Sect.  54.     See  St.  1902,  449. 

Sect.  55.     See  St.  1911,  339. 

Sect.  57.  Repeal  and  substitute.  St.  1909,  514  §§  22,  145.  (See  1904, 
349.) 

Sect.  ^^  et  seq.  See  St.  1904,  364;  1905,  317  §  2;  1906,  277;  1908, 
209  §  3,  306  §  3,  402  §  2,  484  §§  2,  4;   1911,  325  §  1,  614,  727  §  22. 

Sect.  65  affected.     St.  1907,  191  §  1,  560  §  371,  579  §  1. 

Sect.  68.     See  St.  1907,  560  §  371,  579  §  1. 

Sect.  69  amended.     St.  1909,  517  §  3.     (See  1908,  550;  1909,  492.) 

Sect.  72  et  seq.     See  St.  1904,  458  §  3;  1910,  379,  624  §§  2,  5. 

Sect.  74  amended.  St.  1904,  277  §  1.  Police  officer  or  treasurer  may 
prosecute  for  fines,  etc.     St.  1904,  277  §  2. 

Sect.  75.     See  St.  1908,  99. 

Sects.  76-78.  Provision  for  special  collector.  St.  1910,  272.  For  reim- 
bursing towns  for  loss  of  taxes  on  land  used  for  public  institutions.  St. 
1910,  607. 

Sect.  79.     Certain  trust  accounts  to  be  audited.     St.  1904,  322.    (See 

1906,  296  §  1.)    Provision  for  town  uccoimtants.     St.  1910,  624;    1911,  207. 
Sects.  81-83.     Act  to  authorize  establishment  of  board  of  survey.     St. 

1907,  191.     (See  1907,  560  §  364;  1908,  552;  1911,  222.) 
Sect.  83.     See  St.  1902,  57. 

Sect.  84.     See  St.  1909,  433. 


Chap.  26.]  REVISED   LawS.  1341 

Sect.  87.     Inspectors  of  milk.     St.  1909,  405.    (See  1911,  278.) 

Sect.  94.  Policemen  and  firemen  may  be  pensioned.  St.  1904,  327. 
(See  1911,  137.)  And  their  widows.  St.  1907,  186.  Provision  for  license 
to  carry  loaded  pistol.  St.  1906,  172  §  1;  1908,  350;  1911,  548.  Vaca- 
tions for  policemen.  St.  1908,  476;  1911,  210,  625.  (See  1909,  302,  346 
§2.) 

Sect.  95.     See  St.  1909,  490  II  §  13,  512. 

Sect.  99.     See  St.  1909,  514  §  37. 

Sect.  100.     See  St.  1908,  464;  1911,  339. 

Chapter  26.  —  Of  Cities. 

Contracts  made  by  cities  shall  be  open  to  inspection  by  the  public.  St. 
1907,  343;  1909,  201. 

Provision  for  reimbursing  cities  for  loss  of  taxes  on  lands  used  for  public 
institutions.     St.  1910,  607. 

Act  to  determine  disposition  of  premiums  upon  municipal  bonds.     St. 

1910,  379. 

Provision  for  treatment  or  purification  of  sewage.  St.  1909,  433.  In- 
spection of  milk.  St.  1909,  405.  (See  1911,  278.)  Inspection  of  petroleum. 
St.  1911,  204.  For  sanitary  stations.  St.  1911,  596.  To  encourage  and 
promote  building  and  use  of  tuberculosis  hospitals.     St.  1911,  597. 

Cities  must  provide  a  place  for  preservation  of  certain  public  documents. 
St.  1907,  117;  1908,  142.  Isolation  hospitals  for  dangerous  diseases.  St. 
1911,613.  (See  1906,  365  §  1 ;  1909,391.)  And  tuberculosis  dispensaries. 
St.  1911,  576.  (See  1911,  167.)  No  city  or  city  official  shall  publish  names 
of  persons  aided  by  poor  department.     St.  1910,  412. 

Cities  and  towns  authorized  to  establish  municipal  building  insurance 
funds.  St.  1905,  191;  1907,  576  §  102.  To  establish  industrial  schools. 
St.   1906,  505  §  3.     (See  1908,  572;    1909,  540.)    Art  commissions.     St. 

1911,  146.  A  rifle  range.  St.  1908,  256.  Provision  for  suppressing  elm 
leaf  beetles  and  gypsy  and  brown-tail  moths.  St.  1902,  57;  1905,  381; 
1906,  268;  1907,  521;  1908,  591;  1910,  150;  1911,  474.  (See  1909,  263; 
1911,  242.)    For  disposition  of  disabled  horses.     St.  1908,  133. 

City  may  appropriate  money  for  observance  of  "home  week."  St.  1902, 
109.  For  memorials  of  persons  who  served  in  Spanish-American  war. 
St.  1902,  286.  And  war  of  the  revolution.  St.  1903,  116.  Care  of 
neglected  burial  grounds.  St.  1902,  389.  Propagation  and  cultivation  of 
shellfish.  St.  1904,  282  §  1.  (See  1909,  265.)  Maintenance  of  highway, 
with  neighboring  city  or  town.  St.  1907,  196.  May  contribute  toward 
expense  of  state  highways.  St.  1904,  125.  May  regulate  and  license  junk 
collectors.  St.  1902,  187.  And  renting  of  boats  or  bathing  suits  for  use 
on  great  ponds.  St.  1910,  400.  Lunch  wagons.  St.  1908,  360.  May 
regulate  speed  of  automobiles  and  motor  cycles,  and  use  thereof  in  certain 
ways.  St.  1909,  '534  §  17.  (See  1903,  473;  1905,  311,  366;  1906,  353, 
412;  1907,  203,  494,  580;  1908,  263,  467.)  May  establish  hours  of  labor 
of  fire  department.  St.  1904,  315;  1909,  514  §  44.  Provision  for  pen- 
sions in  certain  cases.     St.  1907,  196;  1908,498;  1910,619.    (See  1911,  113, 


1342  Changes  in  the  [Cuap.  27. 

413.)  Aldermen  may  authorize  street  railway  companies  to  take  land  for 
certain  purposes.  St.  1903,  47(j  §  1.  (See  1906,  463  III  §  59.)  Cities 
may  authorize  laying  of  pipes  and  conduits  for  conveyance  of  water.  St. 
1903,  459.  May  grant  permits  in  certain  cases  for  transportation  of  in- 
toxicating liquors.     St.  1906,  421  §  2. 

Acts  relative  to  taking  land  in  certain  cases  by  right  of  eminent  domain. 
St.  1904,  443;  1905,  390. 

Sect.  2.  See  St.  1904,  349;  1906,  277,  296  §  1;  1908,552;  1910,412; 
1911,  325  §  1,  614. 

Sect.  7.  Overseers  of  the  poor  to  be  elected  for  three  years  in  certain 
cities.     St.  1902,  444. 

Sects.  7,  8.  See  act  relative  to  term  of  office  of  municipal  auditors. 
St.  1905,  373.     And  of  police  officers.     St.  1906,  210;  1907,  272. 

Sect.  15.     See  St.  1906,  277  §  2. 

Sect.  19.     See  St.  1906,  210;  1907,  272;  1908,  476. 

Sect.  21  amended.  St.  1910,  261.  Cities  (except  Boston)  may  pro- 
vide annuities  for  widows  and  minor  children  of  police  officers  who  die 
from  injuries  received  in  discharge  of  duty.  St.  1902,  437.  (See  1903,  312, 
428;  1909,  188.)    Vacations  for  policemen.     St.  1908,  476;  1911,  210,  625. 

Sect.  22.     See  St.  1907,  577. 

Sect.  26  amended.  St.  1909,  440  §  2.  Affected.  St.  1909,  289. 

Sect.  28.  See  St.  1903,  457;  1904,  371. 

Sect.  33  limited.  St.  1908,  48. 

Sect.  37.  See  St.  1911,  339. 

Sect.  39.     See  St.  1909,  346  §  2,  394  §  2. 

Sect.  40.     See  St.  1906,  291  §  10;  1910,  405. 

Chapter  27.  —  Of  Municipal  Indebtedness. 

Act  to  determine  disposition  of  premiums  on  municipal  bonds.  St. 
1910,  379. 

Contracts  made  by  cities  shall  be  open  to  public  inspection.  St.  1907, 
343;  1909,  201. 

Provision  for  installation  of  a  system  of  accounts  by  director  of  bureau 
of  statistics.  St.  1910,  598.  For  town  accountants.  St.  1910,  624;  1911, 
207. 

Cities  and  to\^'Tls  authorized  to  establish  municipal  building  insurance 
funds.     St.  1905,  191;  1907,  576  §  102. 

Sect.  3.     See  St.  1902,  325;  1905,  191  §  2;  1907,  576  §  103. 

Sect.  5  revised.     St.  1908,  341  §  2. 

Sects.  6,  10.  Notes  may  be  non-interest  bearing  and  sold  at  a  discount. 
St.  1904,  153.     (See  1908,  250  §  2,  464,  594;  1909,  136,  148.) 

Sect.  9.     Act  relative  to  form  of  notes.     St.  1910,  616. 

Sects.  9,  10.  Provision  for  registration  of  bonds,  etc.,  held  by  the  Com- 
monwealth. St.  1909,  136  §  1.  For  disposition  of  premiums  on  bonds. 
St.  1910,  379. 

Sect.  10  amended.     St.  1908,  2,50  §  1. 

Sect.  11  amended.     "Parks"  added.     St.  1903,  375. 

Sects.  12-19.     See  St.  1910,  379  §§  2,  3. 


Chaps.  28,  29.]  REVISED   LawS.  1343 

Sect.  13  amended.     St.  1908,  341  §  1;    1911,  350  §  1.    (See  1909,  486 
§  26,  490  I  §  90;  1910,  437;  1911,  165.) 
Sects.  13,  14,  15.     See  St.  1902,  325;  1911,  403. 
Sect.  15.     See  St.  1905,  191  §  3;  1907,  576  §  104. 
Sect.  19.     See  St.  1903,  226;  1907,  474  §  13. 

Chapter  28.  —  Of  Public  Parks,  Playgrounds  and  the  Public  Domain. 

Provision  for  an  art  commission.     St.  1910,  422. 

Provision  for  public  playgrounds  in  certain  cities  and  towns.  St.  1908, 
513. 

Power  boats  must  display  lights  at  night  in  certain  waters.     St.  1910,  397. 
Act  relative  to  alteration  of  name  of  a  public  park  in  certain  cases.    St. 

1909,  134. 

The  taking  of  land  in  certain  cases  by  right  of  eminent  domain  is  regu- 
lated. St.  1904,  443;  1905,  390.  (See  1902,  521  §  1  [17];  1904,  317 
1905,  266.) 

Office  of  state  forester  established  and  duties  prescribed.     St.  1904,  409; 

1907,  473;    1909,  263,  452.     (See  1907,  475;    1908,  209;    1909,  394,  422; 

1910,  153,   236;    1911,  244,  474,  722.)    Provision  for  reforestation.     St. 

1908,  478.     (See  1909,  197.) 

As  to  metropolitan  parks,  see  St.  1893,  407;  1894,  288;  1895,  450;  1896, 
465;  1898,  473,  531;  1899,  400,  406,  419;  1900,  413,  475;  1901,  83,  146, 
380;  1902,  77,  166,  172;  1903,  158,  290,  429,  465;  1904,  170,  236,  237, 
431;  1905,  366,  456,  457;  1906,  336,  353  §  4,  368,  375;  1907,  404,  433, 
449;  1903,  158,  195,  301,  324,  476,  651;  1909,  145,  362,  453,  524;  1910, 
582,  585,  628;  1911,  463,  498,  541. 

Sect.  1  amended.  St.  1902,  544  §  7. 

Sects.  2,  3.  See  St.  1903,  158,  331  §  1;  1905,  205. 

Sect.  8.  See  St.  1905,  266. 

Sect.  10  amended.     St.  1908,  341  §  3. 

Sect.  17.     See  St.  1908,  590  §  51. 

Sect.  19  revised.     St.  1910,  508  §  1. 

Sects.  19-22.     See  St.  1908,  513. 

Sect.  20  amended.     St.  1910,  508  §  2. 

Sect.  25.     See  St.   1902,  57,  495;    1904,  409;    1905,  381;    1906,  268; 

1911,  242. 

Chapter  29.  —  Of  the  Returns  and  Registry  of  Births,  Marriages  and  Deaths. 

Provision  for  printing  and  preserving  certain  town  records.  St.  1902, 
470. 

Sect.  1  amended.     St.  1910,  322  §  1. 

Sect.  3  amended.     St.  1910,  93  §  1. 

Sect.  5  amended.     St.  1910,  93  §  2. 

Sect.  6.     See  St.  1905,  330  §  1. 

Sect.  10  amended.     St.  1910,  322  §  2. 

Sect.  13  amended.     St.  1910,  93  §  3.    (See  1910,  249.) 

Sect.  18  amended.     St.  1903,  305  §  1;  1906,  415  §  1. 

Sect.  22  amended.     St.  1902,  544  §  8. 


1344  Changes  ix  the  [Chaps.  30-34. 


Chapter  30.  —  Of  Workhouses  and  Almshouses. 

Sect.  1.  See  St.  1903,  400;  1905,  162.  Offenders  not  to  be  confined 
or  associate  with  paupers.     St.  1904,  274;    1905,  348  §  1.     (See  1905,  344.) 

Chapter  31.  —  Of  Watch  and  Ward. 

Sect.  2.     See  St.  1910,  436. 

Chapter  32.  —  Of  the  State  Fire  Marshal,  Fires,  Fire  Departments  and 

Fire  Districts. 

Offices  of  state  fire  marshal,  deputy  and  subordinates  abolished  and 
department  transferred  to  district  police.  St.  1902,  142;  1903,  365.  (See 
1904,370,433;   1905,247,280,461;   1909,432;   1910,179,223;   1911,477.) 

Liberating  or  flying  fire  balloons  prohibited.     St.  1910,  141. 

Provision  for  a  State  fire  warden.     St.  1911,  722. 

Sects.  1-8.     See  St.  1910,  328. 

Sect.  13.     See  St.  1905,  266. 

Sect.  15  d  scq.  Name  changed  to  forest  wardens.  St.  1907,  475  §  5. 
(See  1911,  244,  722.)  Provision  for  protection  of  forest  or  sprout  lands 
from  fire.  St.  1907,  475;  1908,  209;  1909,  394;  1911,  244,  722.  Pro- 
vision for  repayment  to  certain  towns  of  part  of  cost  of  preventing  or 
extinguishing  forest  fires.     St.  1910,  398. 

Sect.  16  amended.     St.  1907,  475  §  1. 

Sects.  17,  18,  22  repealed.     St.  1907,  475  §  10. 

Sect.  20  amended.     St.  1907,  475  §  3.     (See  1907,  299.) 

Sect.  24.     See  St.  1908,  209;  1911,  244. 

Sect.  26  et  seq.     See  St.  1904,  194,  315,  327;  1911,  352. 

Sect.  37.  Extended  to  hospital  ambulances.  St.  1904,  161.  (See  1889, 
57.)    Firemen's  parades  authorized  in  certain  cases.     St.   1906,   139. 

Sect.  45.     See  St.  1908,  133. 

Sect.  49  amended.     St.  1906,  63  §  1. 

Sect.  59  et  seq.     See  St.  1908,  594;    1909,  136,  148;    1910,  137,  379. 

Sect.  67  revised.     St.  1908,  98. 

Sects.  71,  72.     Amount  increased.     St.  1902,  108;  1906,  171. 

Sect.  73  revised.     St.  1903,  253  §  1;  1911,  90. 

Sect.  77.     See  St.  1910,  261. 

Sect.  81  amended.     St.  1906,  476  §  1.     (See  1904,  327;    1907,  186.) 

Chapter  33.  ^-  Of  Fences  and  Fence  Viewers,  Pounds  and  Field  Drivers. 
Sect.  26.    See  St.  1905,  266. 

Cliapter  34.  —  Of  the  Manufacture  and  Distribution  of  Gas  and  Electricity 

by  Cities  and  Towns. 

Sect.  1,  in  part,  repealed.     St.  1906,  403  III  §  158.    (See  1902,  449; 
1906,  218,  463  III  §  59  ct  scq.) 
Sect.  7  revised.     St.  1908,  341  §  4. 


Chaps,  35-39.]  REVISED  LawS.  1345 

Sect.  10  amended.     St.  1903,  255  §  1. 

Sect.  U  revised.     St.  1905,  410  §  1.    (See  1905,  410  §  7;    1906,  422.) 

Sect.  12  revised.     St.  1905,  410  §  2. 

Sect.  18  repealed  and  superseded.     St.  1909,  173. 

Sect.  20  revised.     St.  1905,  410  §  3. 

Sect.  21  revised.     St.  1905,  410  §  4;    1906,  411  §  1;    1908,  486. 

Sect.  27  revised.     St.  1905,  410  §  5. 

Sect.  28.     See  St.  1905,  266. 

Sect.  29  revised.     St.  1905,  410  §  6. 

Sect.  32  (new)  added.     St.  1905,  410  §  7. 

Chapter  35.  —  Of  the  Public  Records. 

Certain  public  records  in  Norfolk  to  be  transferred  to  Essex.  St.  1902, 
311  §  1. 

Sect.  3.     See  St.  1902,  470  §  1. 

Sect.  5.     See  St.  1903,  177. 

Sect.  5  et  seq.  Act  providing  for  attesting  and  certifying  public  records 
in  certain  cases.     St.  1907,  225. 

Sect.  9  amended.     St.  1908,  57. 

Sects.  12,  14.  As  to  custody  of  records  deposited  elsewhere  than  where 
they  originally  belonged,  see  St.  1902,  311  §§  2,  3. 

Sect.  17  Hmited.     St.  1903,  177;  1905,  330  §  3. 

Sect.  23  amended.     St.  1903,  177  §  1. 

Chapter  36.  —  Of  Parishes  and  Religious  Societies. 

Sect.  27  amended.     St.  1905,  167. 
Sect.  52  amended.     St.  1911,  261. 

Chapter  38.  —  Of  Libraries. 

Sects.  2-5.     See  St.  1904  209. 

Sect.  4.     See  St.  1903,  442;    1906,  428,  527;    1907,  278,  279,  280,  281. 

Sects.  6-8.     See  St.  1911,  140. 

Sect.  11  affected.     St.  1910,  396  §  1. 

Sect.  11  et  seq.     See  St.  1902,  470  §  1. 

Sect.  12  amended.     St.  1910,  396  §  2.    (See  1908,  195.) 

Sect.  15.     Provision  for  annual  expenditure.     St.  1906,  183. 

Chapter  39.  —  Of  the  Board  of  Education. 

Act  to  consolidate  the  board  of  education  and  the  commission  on  indus- 
trial education.     St.  1909,  457;  1910,  282;  1911,  466. 

Board  to  appoint  a  commissioner  of  education  and  deputies.  St.  1910, 
282,    1911,  466.     (See  1909,  457  §  3.) 

Act  relative  to  State-aided  vocational  education.     St.  1911,  471. 

Acts  relative  to  the  employment  of  school  teachers  through  the  board 
of  education.  St.  1906,  399;  1907,  213;  1911,  375,  731  §  1.  (See  1908, 
427.) 


1346  Cha:NGES  in   the  [Chaps.  40-42. 

Board  may  provide  transportation  for  children  in  certain  cases.     St. 

1903,  483.     They  may  form  or  adjust  unions  of  towns  for  employment  of 
superintendents.     St.  1903,  299.     And  determine  their  qualifications.     St. 

1904,  215. 

Sect.  2  amended.     St.  1904,  234  §  1. 

Sects.  3,  4,  9,  12,  13,  14,  15,  16  repealed.     St.  1904,  234  §  3.  (See  1903, 
456  §  4;  1906,  502  §  6;  1908,  189,  411.) 
Sect.  6  amended.     St.  1909,  457  §  4. 
Sect.  9.     See  St.  1906,  200;  1908,  427;  1911,  375. 
Sect.  10.     See  St.  1908,  257. 
Sect.  15.     See  St.  1906,  399  §  2. 
Sects.  19-21.     See  St.  1906,  385. 
Sect.  20.     See  St.  1905,  211  §  1. 

Chapter  40.  —  Of  Teachers'  Institutes  and  Associations. 

Sects.  2,  6  in  part  repealed.     St.  1903,  456  §  4. 
Sect.  4  amended.     St.  1904,  383  §  1;  1905,  260  §  1. 
Sect.  5  repealed.     St.  1905,  260  §  2. 

Chapter  41.  —  Of  the  School  Funds. 

As  to  technical  education  fund,  see  St.  1904,  174. 

Sects.  4,  5  repealed  and  new  provisions  made  for  distribution  of  income 
of  the  school  fund.     St.  1903,  456;  1904,  107.    (See  1904,  189.) 

Chapter  42.  —  Of  the  Pubhc  Schools. 

Provision  for  appointment  of  school  physicians.  St.  1906,  502;  1908> 
189,412;  1910,  257  §§  1,2. 

Acts  relative  to  the  employment  of  school  teachers  through  the  board 
of  education.     St.  1906,  399;    1907,  213;    1911,  375,  731  §  1.     (See  1908, 
427.) 

Provisions  for  schools  in  Boston.  St.  1889,  297;  1895,  408;  1897,  202, 
442;  1898,  400;  1899,  362;  1900,  235,  237;  1901,  448,  473;  1902,  380; 
1903,  170;  1904,  212,  376;  1905,  349,  392;  1906,  205,  231,  259,  318,  489 
§  8;    1907,  295,  357,  450;    1908,  524,  589;    1909,  120,  223,  388,  446,  537; 

1910,  017;  1911,  708. 

Act  relative  to  use  of  school  halls  for  other  than  school  purposes.     St. 

1911,  367. 

Provision  for  schools  for  the  blind.  St.  1906,  385  §§  4-6.  For  indus- 
trial and  vocational  education.  St.  1900,  505;  1908,  572,  639;  1909,  457, 
472,  489,  540;  1911,  471,  605.  (See  1910,  567.)  For  a  state  school  for 
the  feeble-minded.  St.  1909,  504  §§  59-65.  (See  1906,  508;  1907,  421; 
1908,  629.) 

Sect.  1  amended.     St.  1908,  181;  1910,  524;  1911,  247. 

Sect.  3  amended.     St.  1902,  433;  1906,  200;  1908,  427;  1911,  537. 

Sect.  8.     See  St.  1903,  299. 

Sect.  10  repealed.     St.  1906,  505  §  8. 


Chaps.  43-46.]  REVISED  LaWS.  1347 

Sect.  11.  See  St.  1911,  241. 

Sects.  11,  13.  See  St.  1911,  309. 

Sect.  14.  See  St.  1904,  172. 

Sect.  20.     See  St.  1905,  328;  1908,  354. 

Sects.  25-39.  School  committees  authorized  to  exhibit  school  work  in 
certain  cases.  St.  1904,  172,  No  member  of  school  committee  shall  be 
eligible  to  position  of  teacher,  master  or  superintendent  of  public  schools 
of  the  town  or  district.  St.  1904,  173.  Pension  funds  for  teachers.  St. 
1908,  498. 

Sects.  27,  34.     Acts  relative  to  authority  of  school  committees.     St. 

1906,  251,  399;  1911,  309,  314,  367. 

Sect.  28.     See  St.  1906,  399;  1908,  498;  1911,  731. 

Sect.  30  repealed.     St.  1903,  456  §  4.    (See  1904,  107.) 

Sect.  34  amended.     St.  1910,  201. 

Sect.  39.    See  St.  1904,  107  §  2. 

Sects.  40,  41,  44  affected.     St.  1911,  444. 

Sect.  43  amended.     St.  1911,  399.     (See  1903,  299;  1906,  505  §  4.) 

Sects.  43-48.  Board  of  education  may  form  or  adjust  unions  of  towns. 
St.  1903,  299.  And  determine  qualifications  of  superintendents.  St.  1904, 
215.    (See  1911,  375,  731.) 

Sect.  44  amended.     St.  1911,  384. 

Sect.  50  revised.     St.  1911,  232.    (See  1909,  229.     Res.  1911,  5.) 

Chapter  43.  —  Of  School  Registers  and  Returns. 

Sect.  3.     See  St.  1910,  249. 

Chapter  44.  —  Of  School  Attendance. 

Sect.  1  amended.     St.  1905,  320;  1906,  383.    (See  1906,  413,  489;  1910, 
249;  1911,241.) 
Sect.  3  amended.     St.  1911,  268  §  1.    (See  1911,  309.) 
Sect.  4  amended.     St.  1905,  375;  1911,  268  §  2. 
Sect.  4  et  seq.     See  St.  1903,  483. 
Sect.  6  amended.     St.  1906,  371  §  1;  1907,  215. 

Chapter  45.  —  Of  the  Nautical  Training  School. 

Sect.  5  amended  relative  to  annual  expenditure.  St.  1903,  171  §  1. 
(See  1908,  195,  469.) 

Chapter  46.  —  Of  Truants  and  Truant  Schools. 

Act  to  provide  for  the  commitment  of  habitual  truants,  habitual  absentees 
and  habitual  school  offenders.     St.  1906,  389.    (See  1906,  489,  499  §  3; 

1907,  137,  158,  195,  411;    1908,  286;    1909,  514  §§  57,  62-65;    1911,  202.) 
Acts  relative  to  wayward  and  delinquent  children.     St.  1906,  413,  489; 

1907,411;  1908,  637. 

Sect.  1  amended.  Franklin  and  Hampshire  excepted.  St.  1902,  256. 
(See  1906,  148;  1908,  103.) 


1348  Changes  in  the  [Cuaps.  47, 48. 

Sects.  3,  4,  5  revised.     St.  1903,  330  §§  1,  2,  3;    1904,  220  §§  1,  2,  3; 

1906,  389.     (See  1906,  413,  489;  1908,  286.) 
Sect.  8  amended.     St.  1904,  220  §  4. 

Sect.  9  amended.     Jurisdiction  transferred  to  board  of  trustees  or  county 
commissioners.     St.  1903,  308  §  1. 
Sect.  10  amended.     St.  1903,  330  §  4. 
Sect.  11.     See  St.  1903,  334  §§  1-3;    1906,  389,  413,  489,  499  §  5,  501; 

1907,  137,  158,  195. 

Sect.  13.    See  St.  1904,  356;  1906,  499. 

Chapter  47.  —  Of  State  Highways. 

As  to  the  Massachusetts  highway  commission,  see  St.  1904,  108,  117; 

1906,  433;  1907,  446;  1908,  648;  1909,  134,  454,  464,  534  §§  17,  18,  20, 
24-27,  31;  1910,  487,  488,  511,  514,  646;  1911,  38,  184,  557,  677,  678. 
(See  1911,  578,  746.) 

An  act  relative  to  shade  trees  on  state  highways.  St.  1905,  279;  1908, 
297.    (See  1908,  296  §  4.) 

Provision  for  expenses.  St.  1902,  246;  1903,  280;  1904,  244;  1908, 
642. 

Sects.  1,2.  Acts  relative  to  motor  vehicles  and  to  the  operation  thereof. 
St.  1909,  534;  1910,525,605;  1911,37.  (See  1902,  315;  1903,473;  1905, 
311,  366;  1906,  353,  412;  1907,  203,  408,  494,  580;  1908,  263,  467,  642, 
648;  1910,  516.) 

Sect.  3.     See  St.  1906,  433  §  4;  1910,  514. 

Sect.  5  amended.     St.  1909,  464  §  1. 

Sect.  6  amended.  St.  1904,  108  §  1;  1909,  464  §  2.  (See  1904,  117, 
317,  443.) 

Sect.  7.    See  St.  1910,  498. 

Sects.  9,  13.     See  St.  1905,  266. 

Sect.  10.  Towns  and  cities  may  contribute  toward  expense  of  con- 
struction.    St.  1904,  125. 

Sect.  11.     See  St.  1905,  279;  1910,  498. 

Sect.  16.  In  part  repealed.  St.  1909,  454  §  2.  (See  St.  1903,  280 
§  2;  1904,  244  §  1;  1908,  642  §  1;  1909,  534  §  3;  1910,  525,  605.) 

Sect.  17  revised.     St.  1908,  279. 

Sect.  21.    See  St.  1905,  279;  1906,  403  III  §  72;  1909,  134. 

Chapter  48.  —  Of  the  Lajring  Out  and  Discontinuance  of  Ways  and  of 
Damages  caused  by  the  Taking  of  Land  for  Public  Uses. 

Provision  for  appeal  in  case  of  alteration  of  name  of  a  public  way,  place 
or  section  or  of  any  public  park,  where  the  name  has  been  in  use  for  twenty- 
five  years.     St.  1909,  134. 

Act  relative  to  common  landing  places.     St.  1908,  606. 

Provision  for  laying  out,  etc.,  of  ways  in  towns  by  a  board  of  survey. 
St.  1907,  191.     And  for  maintenance  by  neighboring  cities  or  towns.     St. 

1907,  196.     As  to  maintenance  of  certain  bridges,  see  St.  1908,  552. 


Chap.  49.]  REVISED   LawS.  1349 

An  act  relative  to  damages  for  the  taking  of  property  by  right  of  eminent 
domain.  St.  1904,  317.  The  taking  of  land  in  certain  cases  by  right  of 
eminent  domain  is  regulated.     St.  1904,  443;    1905,  390.     (See  1902,  521 

§1.) 
Sects.  1-5.     See  St.  1890,  320  §  19;  1906,  260;  1907,  191. 

Sect.  12.     See  St.  1907,  191  §  4. 

Sects.  13-16.     See  St.  1904,  317. 

Sects.  17-25,  26.     See  St.  1906,  463  II  §  95;  1911,  741  §  21. 

Sects.  20,  26,  27.    See  St.  1905,  266. 

Sect.  33.     See  St.  1909,  504  §  37. 

Sect.  52  amended.  Towns  may  be  required  to  pay.  St.  1903,  243. 
(See  1904,  125.) 

Sects.  54,  55  amended.     St.  1908,  431  §§  4,  5. 

Sect.  68  et  seq.     See  St.  1904,  317. 

Sect.  85.     See  St.  1906,  463  III  §  50. 

Sect.  88.  Ways  in  Suffolk.  St.  1888,  397;  1891,  323;  1892,  401,  415 
§  3,  418;  1895,  494;  1896,  237;  1897,  166,  167,  319,  394;  1898,  210,  252, 
298,  566;  1899,  433,  443,  450;  1900,  478;  1901,  199,  465;  1902,  521;  1906, 
214,  258.     (See  1898,  540  §  2;    1903,  331  §  2;    1905,  205  §  1;    1908,  447.) 

An  act  relative  to  Boston  bridges.     St.  1902,  224.    (See  1904,  412.) 

Sect.  90.    See  St.  1906,  463  II  §§  2,  7. 

Sect.  97.     See  St.  1904,  117;  1906,  128. 

Sect.  102.     See  St.  1911,  142. 

Sect.  105  amended.  St.  1910,  511  §  1. 

Sect.  106  amended.  St.  1910,  511  §  2. 

Sect.  107  et  seq.     See  St.  1904,  317;  1908,  499. 

Sect.  114.  See'  St.  1911,  741  §  21. 

Chapter  49.  —  Of  Sewers,  Drains  and  Sidewalks. 

Act  to  provide  for  treatment  or  purification  of  sewage.     St.  1909,  433. 

As  to  metropolitan  water  and  sewerage  system,  see  St.  1889,  439;  1895, 
342,  406;  1897,  80,  81,  83,  88,  502;  1901,  168;  1902,  101,  189;  1903,  161, 
242;  1905,  457;  1906,  235,  337,  338,  369,  404,  406,  457,  530;  1907,  165, 
238 

As  to  Boston,  see  St.  1891,  323;  1892,  402;  1894,  227,  256;  1895,  297, 
494;  1896,  237,  359;  1897,  426;  1898,  257;  1899,  450;  1900,  126,  478; 
1901,  199;  1902,  521,  526;  1903,  268;  1907,  464. 

Provision  for  separate  systems  of  drainage  for  sewage  and  other  waters. 
St.  1903,  383.    (See  1907,  464.) 

Sect.  1.     See  St.  1907,  191  §  4. 

Sect.  2.     See  St.  1904,  317,  443;  1905,  266,  390. 

Sect.  15  amended.     St.  1907,  177  §  1;  1908,  356  §  1;  1910,  330  §  1. 

Sect.  16  amended.     St.  1908,  453. 

Sect.  24  amended.     St.  1907,  365. 

Sect.  30.    See  St.  1903,  383  §  1. 

Sects.  43-45.  Provision  for  apportionment  of  sidewalk  assessments. 
St.  1908,  216. 


1350  Changes  in  the  [Chaps.  50-53. 


Chapter  50.  —  Of  Betterments  and  Other  Assessments  on  Account  of  the 

Cost  of  Pubhc  Improvements. 

Provision  for  authoritative  ascertainment  of  municipal  liens  on  real 
estate.     St.  1907,  378;  1908,  299;  1909,  490  II  §  20.    (See  1911,  75.) 

As  to  assessments  in  Boston,  see  St.  1902,  521  §  1,  527;    1903,  235. 

Sect.  1.    See  St.  1904,  443  §  23;  1906,  463  III  §§  67-69. 

Sect.  3.     See  St.  1904,  317. 

Sect.  5.     See  St.  1911,  75. 

Sect.  11  revised.     St.  1902,  503. 

Sects.  15,  16.  Provision  for  apportionment  of  sidewalk  assessments, 
St.  1908,  216. 

Chapter  51.  —  Of  the  Repair  of  Ways  and  Bridges. 

Act  relative  to  the  maintenance  of  highways  by  neighboring  cities  or 
towns.  St.  1907,  196.  (See  1910,  525.)  Relative  to  repair  and  mainte- 
nance of  certain  bridges.     St.  1908,  552.     (See  1911,  581,  587.) 

Provision  for  paving  private  passageways  in  certain  cities.  St.  1894, 
119;  1907,  256. 

Sect.  1.     See  St.  1909,  289. 

Sect.  18.     See  St.  1905,  266. 

Sects.  20,  21,  22  affected.     St.  1908,  305.    (See  1907,  204.) 

Sect.  21  amended.     St.  1910,  166  §  1. 

Chapter  52.  —  Of  Regulations  and  By-Laws  relative  to  Ways  and  Bridges. 

Advertising  signs  restricted  in  streets  of  Boston.  St.  1895,  352;  1897, 
413  §  6.     Licenses  for  street  stands  in  Boston.     St.  1907,  584;    1909,  329. 

Provisions  for  regulating  use  and  operation  of  automobiles  and  motor 
vehicles.  St.  1902,  315;  1909,  534;  1910,  525,  605;  1911,  37.  (See  1903, 
473;  1905,  311,  366;  1906,  353,  412;  1907,  203,  408,  494,  580;  1908,  263, 
642,  048.) 

All  vehicles  to  carry  lights  at  night.     St.  1911,  578. 

Sect.  1.     See  St.  1906,  234. 

Sect.  5.     See  St.  1902,  205. 

Sects.  7,  8.  Hospital  ambulances  shall  have  right  of  way  in  streets. 
St.  1904,  161. 

Chapter  53.  —  Of  the  Boundaries  of  Highways  and  Other  Public  Places 

and  Encroachments  thereon. 

Sects.  6-11  repealed.     St.  1910,  363  §  2.     (See  1908,  296.) 

Sect.  12  amended.  St.  1908,  296  §  2;  1910,  321,  363.  (See  1902,  57; 
1904,409;  1905,279,381;  1906,268;  1908,297.) 

Sect.  13  amended.     St.  1908,  296  §  3;  1910,  363. 

Sect.  14  repealed.  St.  1907,  475  §  10.  (See  1908,  209;  1909,  394; 
1910,  398;  1911,  244.) 

Sect.  16.     See  Res.  1911,  5. 


Chaps.  54-56.]  EevISED   LawS.  1351 


Chapter  54.  —  Of  the  Law  of  the  Road. 

Act  relative  to  the  law  of  the  road.     St.  1908,  512;  1911,  578. 

Act  requiring  vehicles  to  carry  a  light  at  night.     St.  1911,  578. 

Acts  regulating  use  and  operation  of  motor  vehicles.     St.   1909,  534; 

1910,  525,  605;  1911,  37.  (See  1902,  315;  1903,  473  §§  3-11;  1905,  311, 
366;  1906,  353,  412,  433;  1907,  203,  408,  494,  580;  1908,  263,  467,  642, 
648;  1910,  516;  1911,  477.) 

Rights  of  way.  Troops.  St.  1905,  465  §  149.  Hospital  ambulance. 
St.  1904,  161. 

Chapter  55.  —  Of  Ferries  and  Canals. 
Power  boats  must  display  lights  at  night  in  certain  waters.     St.  1910,  397. 

Chapter  56.  —  Of  the  Regulation  of  Trade  and  the  Inspection  and  Sale  of 

Food. 

Act  to  regulate  manufacture,  transportation,  etc.,  and  sale  of  articles  in 
common  use.     St.  1911,  503. 

Act  to  make  uniform  the  law  relating  to  the  sale  of  goods.  St.  1908, 
237.    (See  1910,  214.) 

Act  relative  to  sale  of  firearms.     St.  1911,  495. 

Acts  relative,  to  monopolies  and  discriminations  in  sale  of  articles  or 
commodities  in  common  use.     St.  1908,  454;  1911,  503. 

Provision  for  inspection  of  milk.  St.  1909,  405,  443;  1910,  114,  457, 
633  §  3.     (See  1910,  641;  1911,  278.)    Of  petroleum.     St.  1911,  204. 

Act  to  regulate  lease  and  sale  of  machinery,  tools,  implements  and  appli- 
ances.    St.  1907,  469. 

Proprietary  drugs  and  foods.     St.   1906,  386;    1907,  259;    1910,  387; 

1911,  289,  341. 

An  act  relative  to  wood  alcohol.     St.  1905,  220. 

Labeling  evaporated,  concentrated  or  condensed  milk.     St.  1911,  610. 

Misrepresentations  as  to  merchandise  for  sale  are  made  punishable.  St. 
1902,  397;  1907,  383.    (See  1903,  415.) 

Sects.  3,  4  repealed.  Office  of  inspector  general  of  fish  abolished,  and 
powers  and  duties  transferred  to  commissioners  on  fisheries  and  game.  St. 
1902,  138. 

Sect.  5  repealed.     St.  1903,  196  §  1. 

Sect.  42  extended.     St.  1910,  394. 

Sects.  42,  52.  See  St.  1908,  531  §  5;  1909,  405;  1910,  495;  1911,  218, 
266. 

Sect.  48  amended.     Penalty  changed.     St.  1903,  361. 

Sect.  51  amended.     St.  1909,  405  §§  1,  4;  1910,  114. 

Sects.  51,  52.     See  St.  1910,  394,  457,  633  §  3. 

Sect.  52  amended.     St.  1909,  405  §§  2,  4. 

Sects.  53,  54  are  revised.     St.  1909,  443.    (See  1909,  405  §  3.) 

Sect.  55  et  seq.  See  St.  1906,  116  §§  1,  2,  323;  1908,  570;  1909,  531; 
1910,  462. 


1352  Changes  in  the  [Chap.  57. 

Act  to  authorize  incorporation  of  medical  milk  commissions.  St.  1911, 
506. 

Sect.  56  revised.     St.  1908,  643. 

Sect.  56  et  scq.     Standard  established  for  cream.     St.  1907,  216. 

Sect.  57  amended.     St.  1910,  641  §  2. 

Sect.  59.     See  St.  1906,  116  §  3,  323;  1908,  435. 

Sects.  61-64.    See  St.  1910,  394. 

Sect.  62  amended.     St.  1910,  641  §  1. 

Sect.  65.     See  St.  1911,  610. 

Sect.  65  et  seq.  Name  of  station  changed  to  Massachusetts  Agricul- 
tural Experiment  Station.     St.  1907,  66. 

Sects.  67,  68  amended.     St.  1909,  425. 

Sect.  70  affected.  St.  1907,  243.  Amended.  St.  1908,  411  §  1.  (See 
1903,  220;  1908,  329;  1909,  471,  474;  1911,  297,  532.) 

Sect.  71  amended.     St.  1908,  411  §  2. 

Sect.  72  amended.     St.  1908,  411  §  3.    (See  1910,  590.) 

Sect.  73  limited.    St.  1907,  293. 

Chapter  67.  —  Of  the  Inspection  and  Sale  of  Various  Articles. 

Act  relative  to  sale  of  firearms.     St.  1911,  495. 

Acts  relative  to  paint,  turpentine  and  linseed  oil.  St.  1908,  531;  1911, 
218,  266. 

Provision  for  penalty  for  giving  false  weight  or  measure.     St.  1907,  394. 

Inspection  of  petroleum.     St.  1911,  204. 

Baking  powders  to  be  labelled  with  names  of  ingredients.     St.  1902,  540. 

Acts  relative  to  monopolies  and  to  manufacture,  sale,  etc.,  of  articles  in 
common  use.     St.  1908,  454;  1911,  503. 

Sect.  4  amended.     St.  1909,  191. 

Sect.  6  revised.     St.  1908,  197. 

Sects.  11-17  revised.     St.  1911,  388. 

Sect.  \1  et  scq.  Regulations  for  sale  of  concentrated  feed  stuffs.  St. 
1903,  122  §§  1-10;  1904,  332  §  1.     Of  commercial  fertilizers.     St.  1911,  388. 

Sect.  12.     Name  of  station  changed.     St.  1907,  66. 

Sect.  18.     See  St.  1907,  289;  1911,  388  §§  7,  12. 

Sect.  20  superseded.     St.  1903,  122  §  11. 

Sect.  22  amended.     St.  1909,  350. 

Sect.  24  revised.     St.  1903,  408  §§  1-3;   1905,  209;   1911,  380. 

Sect.  25.     See  St.  1908,  237  §  6. 

Sects.  31,  39,  46,  60,  63,  91.     See  St.  1907,  394. 

Sect.  39.  Inspection  and  weighing  to  be  made  when  required  by  vendee 
at  the  time.     St.  1902,  459. 

Sect.  60  revised.     St.  1911,  600  §  1. 

Sect.  67  revised.     St.  1911,  600  §  2. 

Sect.  69  repealed.     St.  1911,  600  §  5. 

Sect.  83.  A  woman  or  a  non-resident  may  be  appointed  a  weigher  of 
coal.     St.  1902,  159,  453  §  1. 

Sect.  84  revised.     St.  1907,  228  §  1.     (See  1908,  237  §  6.) 


Chaps.  58-62.]  REVISED  LawS.  1353 

Sect.  84  et  seq.  License  required  for  dealer  in  coal  or  coke.  St.  1903, 
484. 

Sect.  85  repealed.     St.  1907,  228  §  2. 

Sect.  86  revised.     St.  1908,  205  §  1. 

Sect.  87  amended.     St.  1908,  205  §  2;  1909,  424  §  1. 

Sect.  88  amended.     St.  1902,  453  §  2;  1908,  304;  1910,  219  §  1. 

Sect.  89  amended.     St.  1902,  453  §  3;  1910,  219  §  2. 

Sect.  91  amended.     St.  1902,  453  §  4. 

Chapter  58.  —  Of  the  Inspection  of  Gas  and  Gas  Meters. 

Sect.  1.  Powers  and  duties  of  inspector  transferred  to  board  of  gas 
and  electric  light  commissioners.  St.  1902,  228  §  1.  (See  1906,  422.) 
Inspectors'  salaries.     St.  1908,  536  §  2.     (See  1902,  228  §  6;    1907,  54  §  2; 

1908,  529;  1909,  316,  477,  483.) 

Sects.  1,  2,  3,  4,  5,  6,  7.     Repeal  and  substitute.     St.  1902,  228;    1907, 
54.     (See  1908,  195,  469;  1909,  318.) 
Sect.  9  superseded.     St.  1909,  483  §  1. 
Sect.  13  superseded.     St.  1909,  483  §  2. 

Sect.  14  superseded.     St.  1909,  483  §  3.    (See  1902,  228;  1903,  464,  §  1.) 
Sect.  19  superseded.     St.  1909,  483  §  4. 

Chapter  60.  —  Of  the  Survey  and  Sale  of  Lumber,  Ornamental  Wood  and 

Ship  Timber. 

Sect.  1.     See  St.  1908,  195,  469. 
Sect.  4  amended.     St.  1902,  477  §  1. 
Sect.  7  amended.     St.  1902,  477  §  2. 
Sects.  9,  10,  11  repealed.     St.  1902,  477  §  3. 

Chapter  62.  —  Of  Weights  and  Measures. 

The  provisions  of  this  chapter  are  extended  to  weights,  balances,  etc., 
having  a  device  to  indicate  price  as  well  as  weight.  St.  1907,  535.  And 
to  certain  devices  for  adjusting,  testing,  etc.,  used  for  hire  or  reward.     St. 

1909,  412  §  1. 

Acts  relative  to  the  penalty  for  giving  false  weight  or  measure.  St. 
1907,  394;  1911,  160.     (See  1909,  350.) 

Provision  for  the  testing  and  sealing  of  taximeters.     St.  1909,  541. 

Sects.  2,  3.     See  St.  1903,  408  §  1. 

Sect.  3  amended.     St.  1902,  115;    1911,  397. 

Sect.  4  amended.     St.  1910,  297. 

Sects.  8-11  in  part  superseded  and  a  State  commission  established.  St. 
1907,  534;  1910,  465;  1911,  632.  (See  1902,  457;  1909,  424  §  2,  541 
§§  2,  3.) 

Sects.  12-20.  County  treasurers  not  to  have  custody  of  standard 
weights,  etc.,  or  to  act  as  sealers.     St.  1909,  310. 

Sect.  17  amended.  Provision  charging  expense  to  counties,  cities  and 
towns  omitted.     St.  1902,  539. 


1354  Changes  in  the  [Chaps.  63-66. 

Sect.  18.  Civil  service  rules  to  apply  to  certain  appointments.  St. 
1909,  382. 

Sect.  20  revised.     St.  1907,  283,  534  §  3. 

Sect.  21.     See  St.  1906,  323;  1909,  531;  1910,  462. 

Sect.  21  et  seq.  See  St.  1903,  408  §  2;  1905,  209;  1909,  412  §  2,  424 
§  2,  541. 

Sect.  22  revised.     St.  1910,  209  §  1. 

Sect.  29  et  seq.  Sealers  to  report  to  state  commissioner.  St.  1907, 
534  §  5. 

Sect.  32  revised.     St.  1910,  209  §  2. 

Sect.  33  revised.     St.  1906,  215.    (See  1907,  394.) 

Sect.  43  amended.  St.  1909,  531.  See  acts  relative  to  sealing  bottles 
or  jars  for  milk,  etc.     St.  1906,  323;  1909,  531;  1910,  462. 

Chapter  63.  —  Of  the  Metric  System  of  Weights  and  Measures. 
Sect.  3,  4,  in  part,  superseded.     St.  1907,  534  §§  3,  4.     (See  1907,  535.) 

Chapter  64.  —  Of  Auctioneers. 

Sect.  6  et  seq.  Auction  sales  of  horses  in  Boston  restricted.  St.  1904, 
336;  1905,  426.  And  of  certain  lame  or  diseased  horses.  St.  1906,  185 
§§  1,  3.    (See  1908,  237  §  21.) 

Sect.  15.     See  St.  1908,  237  §  13  (4). 

Chapter  65.  —  Of  Itinerant  Vendors,  Hawkers  and  Pedlers. 

Sect.  3.     Provision  for  revocation  of  license.     St.  1908,  208. 

Sect.  9  amended.     St.  1902,  544  §  9. 

Sect.  15  revised.     St.  1906,  345.    (See  1905,  377.) 

Sect.  17  amended.     St.  1902,  531;  1906,  151;  1910,  419. 

Sect.  19  revised.     St.  1907,  571  §  1.     (See  1905,  204.) 

Sect.  19  et  seq.     Secretary   may   revoke   license    in    certain  cases.     St. 

1908,  208. 

Sect.  21  repealed.     St.  1907,  571  §  2.    (See  1903,  432.) 

Chapter  66.  —  Of  Shipping  and  Seamen,  Harbors  and  Harbor  Masters. 

Lines  and  regulations  in  certain  harbors:  Boston,  St.  1882,  48;  1891, 
309;  1892,  358  §  2;  1897,  486;  1898,  278;  1899,  469;  1901,  196;  1908, 
579.  Buzzard's  Bay,  1898,  169.  Charles  River,  1897,  479;  1901,  245, 
401.  (See  1903,  465.)  Chelsea,  1887,  344.  Gloucester,  1882,  103;  1883, 
109;  1885,315;  1895,106.  Haverhill,  1883,  104;  1902,313;  1905,327. 
New  Bedford,  1901,  243;  1903,  363. 

Power  boats  must  show  lights  at  night  in  certain  waters.     St.  1910,  397. 

Sects.  1,  2  repealed.     St.  1910,  526. 

Sect.  6.     See  St.  1908,  579. 

Sect.  17.     See  St.  1907,  229;  1910,  255. 

Sect.  19  amended.     St.  1909,  270  §  1.     As  to  Boston,  see  St.  1889,  147; 

1909,  270  §  2. 


Chaps.  67-72.]  Ke VISED   LawS.  1355 


Chapter  67.  —  Of  Pilots  and  Pilotage. 

Fees  established:    Cohasset,  St.  1887,  298.     Salem  and  Beverly,  1887, 
204.     Winthrop,  1892,  114.     Woods  Hole,  1889,  275. 
Sect.  17.     See  St.  1907,  490. 

Chapter  68.  —  Of  Agents,  Consignees  and  Factors. 

Uniform  bills  of  lading  act.     St.  1910,  214. 

Sects.  2-4.     Provision  for  dissolution  of  lien.     St.  1907,  490. 

Sects.  4-6.     See  St.  1908,  237  §§  23-30. 

Sect.  6.     See  1905,  324. 

Chapter  69.  —  Of  Public  Warehouses. 

Storage  of  liquors.     St.  1911,  77,  88. 

Act  relative  to  goods  stored  with  public  warehousemen.     St.  1909,  227. 
Act  to  make  uniform  the  law  of  warehouse  receipts.     St.  1907,  582. 
Provision  for  dissolution  of  lien.     St.  1907,  490.     (See  1907,  582  §  34.) 
Charges  for  storage  of  baggage  by  railroad  corporations.     St.  1907,  287; 
1908,  504. 
Sect.  7.     See  St.  1911,  77. 

Chapter  70.  —  Of  Common  Carriers  and  Express  Companies. 

Obligations  and  rights  of  carriers  upon  bills  of  lading.  St.  1910,  214, 
§§11-27. 

Act  relative  to  trustee  process  against  common  carriers.     St.  1905,  324. 

Acts  to  grant  to  the  board  of  railroad  commissioners  supervisory  powers 
over  express  companies.     St.  1906,  266;  1908,  599. 

Acts  relative  to  taking  of  deposits  for  transmitting  to  foreign  countries, 
or  other  purposes.  St.  1905,  428;  1906,  408;  1907,  377;  1908,  493;  1909, 
287,  450;  1910,  338;  1911,  358. 

Sects.  3,  4.     See  St.  1907,  539  §  2;  1908,  316. 

Chapter  71.  —  Of  Limited  Partnerships. 

Sect.  3.  Names  to  be  recorded  in  city  or  town  clerk's  office  in  certain 
cases.     St.  1907,  539.    (See  1908,  316.) 

Chapter  72.  —  Of  the  Use  of  Labels,  Trade-Marks  and  Names. 

Provision  as  to  labels  on  baking  powders.  St.  1902,  540.  Drugs  and 
patent  foods.     St.  1906,  386;  1907,  259. 

Sect.  5.     Names  to  be  recorded  in  certain  cases.     St.  1907,  539.     (See 

1908,  316.) 

Sects.  7,  8.  Certain  insignia,  badges,  etc.,  may  be  registered,  and  the 
unauthorized  use  thereof  is  prohibited.     St.   1904.  335;    1907,  232   §  3; 

1909,  514  §§  31,  32.    (See  1902,  430;  1903,  275;  1908,  280.) 


135G  Changes  in  the  [Chaps.  73-75. 

Sect.  16  amended.     St.  1909,  196. 

Sects.  19-22.  An  act  to  prohibit  misuse  of  vessels  used  in  sale  of  milk. 
St.  1906,  110. 

Chapter  73.  —  Of  Money  and  Negotiable  Instnunents. 

As  to  negotiation  of  bills  of  lading,  see  St.  1910,  214  §§  24-43. 

Sect.  3.     See  St.  1911,  727  §§  7,  18. 

Sect.  7  amended.     St.  1905,  454  §  1. 

Sect.  8  amended.     St.  1905,  454  §  2. 

Sect.  72.     See  St.  1910,  378. 

Sects.  88,  92,  102,  103.     See  St.  1907,  204;  1911,  136. 

Sect.  102  revised.     St.  1910,  417. 

Sect.  212.     See  St.  1908,  237  §  73;  1910,  171  §  18. 

Chapter  74.  —  Of  the  Prevention  of  Frauds  and  Perjuries. 

Act  to  make  uniform  the  law  relating  to  the  sale  of  goods.  St.  1908, 
237.    (See  1910,  214.) 

Sect.  5  repealed.     St.  1908,  237  §  78.    (See  1908,  237  §  4.) 

Chapter  75.  —  Of  the  Preservation  of  the  Public  Health. 

Acts  for  protection  of  health.  St.  1902,  322;  1903,  220,  475;  1904, 
395;  1905,  251;  1906,  116,  165,  250,  386,  502;  1907,  164,  180,  259,  410, 
480;  1908,  150,  307,  325,  329,  381,  411,  435,  539,  570;  1909,  319,  375, 
391,  405,  433,  471,  474,  514  §§  75,  78-89,  105,  106,  536;  1910,  259,  271, 
387,  404,  428,  458,  597;  1911,  278,  341,  381,  576,  613.     (See  1911,  596,  597.) 

Persons  afflicted  with  leprosy  shall  be  State  charges.  St.  1909,  250. 
(See  1905,  474.) 

Act  to  authorize  incorporation  of  milk  commissions.     St.  1911,  506. 

Act  to  restrict  the  use  of  common  drinking  cups.     St.  1910,  428. 

Act  to  provide  for  the  establishment  of  health  districts  and  the  appoint- 
ment of  inspectors  of  health.  St.  1907,  537;  1910,  405,  523;  1911,  282, 
603,  709.  (See  1907,  499;  1908,  325  §  3,  329,  487;  1909,  514  §§  75,  78- 
89,  105,  106;  1910,  259,  394,  543.)  For  sanitary  stations  in  cities  and  cer- 
tain towns.     St.  1911,  596. 

Act  relative  to  inspection  of  jails,  prisons,  etc.     St.  1910,  405;   1911,  282. 

Board  to  have  supervision  of  water  companies.     St.   1909,  319. 

As  to  metropolitan  water  and  sewerage  system,  see  St.  1889,  439;  1895, 
342,  406,  488;  1897,  80,  81,  83,  88,  502;  1899,  342;  1900,  108;  1901,  168, 
498;  1902,  101,  189,  391,  535;  1903,  161,  242,  356;  1904,  186,  230,  246, 
273,  317,  426,  431;  1905,  457;  1906,  189,  235,  337,  338,  369,  404,  406, 
457,  530;  1907,  165,  238,  349,  524;  1908,  556,  558;  1909.  177,  243,  258, 
282,  320,  453,  473;  1910,  32,  291,  292;  1911,  5,  541.  Board  of  health  shall 
publish  in  report  and  may  publish  in  newspapers  analyses  and  information 
as  to  adulterations.     St.  1902,  272.     (See  1902,  230.) 

Board  shall  define  what  diseases  are  deemed  dangerous  to  the  public 
health.    St.  1907,  183. 


Chap.  75.]  EeVISED   LaWS.  1357 

Provision  for  appointment  of  school  physicians.  St.  1906,  502;  1908, 
189,412;  1910,257. 

Provisions  for  suppressing  insect  pests.  St.  1902,  57;  1905,  381;  1906, 
268;  1908,  591;  1910,  150;  1911,  242,  474.  (See  1909,  263;  1910,  427.) 
For  paving  private  passageways  in  certain  cities.  St.  1907,  256.  For 
treatment  or  purification  of  sewage.     St.  1909,  433. 

Act  to  establish  a  standard  for  cream.  St.  1907,  216.  To  prohibit 
misuse  of  vessels  used  in  sale  of  milk.  St.  1906,  116;  1908,  435.  (See 
1906,  323;  1908,  570;  1909,  425,  531;  1910,  462,  641.) 

Provision  for  separate  systems  of  drainage  for  sewage  and  other  waters. 
St.  1903,  383. 

Act  to  establish  a  board  of  registration  in  embalming.     St.  1905,  473. 

Act  to  encourage  and  promote  building  and  use  of  tuberculosis  hospitals. 
St.  1911,  597. 

Provision  for  hospital  for  lepers.     St.  1905,  474;  1909,  250. 

Act  relative  to  wood  alcohol.     St.  1905,  220;  1910,  541. 

Sect.  3.     Salary  changed.     St.  1906,  425;  1907,  364. 

Sect.  4  amended.  St.  1903,  480;  1910,  405,  458;  1911,  282,  381.  (See 
1905,  344;  1906,  386  §  6,  502  §  6;  1907,  183,  285;  1908,  189,  329;  1909, 
319,  346  §  3,  433  §  3;  Res.  1909,  72;  St.  1910,  495,  569;  1911,  218,  266, 
607.) 

Sect.  5.  Powers  and  duties  of  inspector  and  assay er  of  liquors  trans- 
ferred to  board  of  health.  St.  1902,  110.  (See  1902,  541;  1906,  502  §  6; 
1907,499,537;  1908,469.) 

Sect.  5  extended.     St.  1910,  394,  405.    (See  1910,  457.) 

Sect.  6  amended.  Amount  increased.  St.  1903,  467;  1907,  208.  (See 
1908,  195.) 

Sect.  8.     See  St.  1904,  395  §  1;  1909,  391  §  1. 

Sect.  9  et  scq.     See  St.  1908,  379. 

Sect.  10.     See  St.  1906,  502. 

Sect.  13.     See  St.  1909,  405,  443;  1910,  640;  1911,  443. 

Sect.  16  amended.     St.  1903,  367  §  1. 

Sect.  16  et  seq.  Sale  or  gift  of  certain  harmful  medicines,  drugs,  etc., 
restricted.  St.  1906,  386;  1907,  180;  1908,  307;  1909,  375;  1910,  271, 
416,541;  1911,30,289,341,372.  (See  1905,  220;  1910,495;  1911,218, 
266.) 

Sect.  18  amended.     St.  1910,  528  §  1. 

Sects.  18,  19.     See  St.  1911,  600  §  3. 

Sect.  19  affected.     St.  1911,  289. 

Sect.  19  et  seq.  Baking  powders  to  be  labelled.  St.  1902,  540  §  1. 
Also  certain  patent  or  proprietary  drugs  and  food.  St.  1906,  386;  1907, 
259.    (See  1903,  367;  1907,  180;  1908,  307.) 

Sect.  23  amended.     St.  1910,  528  §  2. 

Sect.  24  amended.     St.  1905,  236;  1906,  305. 

Sects.  25,  26  repealed.  St.  1908,  238  §  1.  (See  1903,  367  §  1;  1906, 
386  §  6;  1907,  259;  1908,  525  §  3;  1910,  172  §  1,  416;  1911,  289.) 

Sect.  34  revised.     St.  1902,  403. 

Sect.  35  revised.     St.  1911,  613.    (See  1906,  365  §  1.) 


1358  Changes  jn  the  [Chap.  75. 

Sect.  35  et  seq.  Provision  for  three  state  sanatoriums  for  tubercular 
patients.     St.  1907,  474;  1910,  198,  491. 

Sect.  36  amended.     St.  1907,  445.     (See  1909,  391  §  1.) 

Sects.  36-42  revised.  St.  1906,  365  §  1.  (See  1902,  206;  1904,  395; 
1906,  225,  365  §  4;  1907,  183,  445;  1909,  391;  1911,  613.) 

Sect.  46  revised.     St.  1906,  365  §  2.    (See  1902,  206  §  2.) 

Sects.  47,  52.     See  St.  1904,  395  §  1. 

Sect.  49  amended.     St.  1905,  251  §  1;  1907,  480;  1910,  269. 

Sect.  50  amended.     St.  1905,  251  §  2;  1907,  480. 

Sect.  52  amended.  St.  1907,  480  §  1.  (See  1902,  213  §  1;  1907,  386; 
1909,  380,  391.) 

Sect.  56  revised.     St.  1906,  365  §  3. 

Sect.  57  revised.  St.  1902,  213;  1907,  386;  1909,  380.  (See  1904,  395 
§  2;  1907,  183.) 

Sect.  62  revised.     St.  1910,  569;  1911,  264. 

Sects.  63,  64  revised.     St.  1910,  569.     (See  St.  1905,  330.) 

Sect.  65  et  scq.  Spitting  in  certain  public  places  and  conveyances  pro- 
hibited. St.  1906,  165;  1907,  410;  1908,  150.  Certain  lung-testing  ma- 
chines. St.  1908,  381  §  2.  Cold  storage  and  refrigerating  warehouses  to 
be  inspected.     St.  1910,  640. 

Sects.  67-74.     See  St.  1911,  381  §  4. 

Sect.  70  amended.     St.  1910,  313. 

Sect.  79.     See  St.  103,  383. 

Sect.  81.     See  St.  1905,  266. 

Sect.  90  amended.  Expense  of  purifying,  and  value  of  articles  destroyed 
may  be  charged  to  city  or  town.     St.  1903,  306  §  1. 

Sect.  100  amended.     St.  1911,  297  §  2.    (See  1907,  243.) 

Sect.  101  amended.     St.  1911,  297  §  3,  534  §  1. 

Sect.  102  amended.     St.  1911,  297  §  4.     (See  St.  1908,  329  §  4.) 

Sect.  103  superseded.  St.  1902,  312  §  1;  1903,  220  §  1;  1909,  471; 
1911,  297  §  5. 

Sect.  104  amended.  St.  1902,  312  §  1;  1903,  220  §  1;  1909,  476. 
(See  1908,  329,  411;  1909,  471,  474;  1911,  297.) 

Sect.  105  amended.  St.  1902,  312  §  2;  1903,  220  §  2;  1908,  329  §  6; 
1909,  474. 

Sect.  111.     See  1907,  243;  1911,  297  §  6. 

Sect.  112  et  seq.  See  St.  1902,  541;  1906,  158  §  1;  1908,  499,  539; 
1909,319;  1911,  135. 

Sect.  113  amended.     St.  1907,  467. 

Sect.  118.     See  St.  1905,  266;  1906,  158  §  1. 

Sect.  122.    See  St.  1909,  514  §  81. 

Sect.  123  revised.     St.  1910,  550. 

Sect.  124.     See  St.  1908,  499,  539;  1910,  400. 

Sect.  126.     See  St.  1911,  339. 

Sect.  129  affected.     St.  1908,  539. 

Sect.  136  repealed.     St.  1908,  337. 

Sect.  137  revised.     St.  1902,  190  §  1. 

Sect.  139  revised.     St.  1902,  190  §  2,  544  §  10. 


Chaps.  76-78.]  REVISED   LawS.  1359 


Chapter  76.  —  Of  the  Registration  of  Physicians,  Surgeons,  Pharmacists 

and  Dentists. 

Provision  for  registration  of  veterinary  practitioners  and  board  of  regis- 
tration established.  St.  1903,  249;  1906,  503;  1907,  314;  1911,  199.  For 
registration  of  embalmers.     St.  1905,  473;   1910,  390.     Of  osteopaths.     St. 

1909,  526.     And  of  nurses.     St.  1910,  449. 

Salaries  and  allowance  for  travel  fixed.  St.  1902,  505;  1903,  228,  249 
§  1;  1907,399. 

Sect.  2.     See  St.  1908,  469. 

Sect.  3.  See  St.  1909,  504  §§  32,  91. 

Sects.  4,  12,  27  repealed.  St.  1902,  505  §  6. 

Sect.  5.  See  St.  1910,  458. 

Sect.  8.     See  St.  1909,  526  §  4;  1910,  271. 

Sect.  9  amended.  St.  1909,  526  §  6.  (See  1903,  249  §  9;  1907,  314 
§  2;  1909,  504  §  32.) 

Sect.  10  amended.     St.  1909,  261  §  3. 

Sect.  11  amended.     St.  1909,  261  §  4.    (See  St.  1908,  469.) 

Sect.  14  amended.  St.  1906,  120;  1908,  525  §  1.  Board  may  suspend 
certificate.     St.  1909,  261  §  5. 

Sect.  16  amended.  St.  1907,  140;  1910,  172  §  2.  (See  1902,  327; 
1906,281;  1907,308;  1909,261.) 

Sect.  17  amended.     St.  1902,  321. 

Sect.  18  amended.     St.  1908,  525  §  2. 

Sect.  23  amended.  St.  1902,  327;  1908,  525  §  3;  1910,  172  §  1.  (See 
1906,  281;  1907,  180;  1908,  238,  307.) 

Sects.  24-28  limited.     St.  1903,  219. 

Sect.  26  amended.     St.  1908,  294  §  1. 

Sect.  28  revised.  St.  1909,  301;  1911,  377.  (See  1905,  289  §  1;  1908, 
294  §  2.) 

Sect.  29  amended.     St.  1903,  219;  1905,  289  §  2. 

Chapter  77.  —  Of  the  Promotion  of  Anatomical  Science. 

Act  to  establish  a  board  of  registration  of  embalmers.     St.  1905,  473; 

1910,  390. 

Sect.  4  amended.     St.  1904,  204. 

Sect.  5  (new  section)  added  relative  to  autopsies.     St.  1902,  417. 

Chapter  78.  —  Of  Cemeteries  and  Burials. 

Cities  and  towns  may  appropriate  money  for  care  of  neglected  burial 
grounds.     St.  1902,  389. 

Sects.  1,  2.     See  St.  1908,  379,  590  §  51. 
Sects.  3,  4.     See  St.  1907,  225. 
Sect.  9.     See  St.  1907,  138. 
Sect.  12.     See  St.  1908,  379. 
Sect.  15.     See  St.  1908,  379  §  3. 
Sect.  16  amended.     St.  1909,  279. 
Sect.  19  revised.     St.  1904,  422  §  1. 


1360  Changes  in  the  [Chaps.  79-82. 

Sect.  20  amended.    St.  1904,  422  §  2. 
Sect.  30  amended.     St.  1908,  379  §  1. 
Sect.  31.     See  St.  1908,  379  §§  2,  3. 
Sect.  37  revised.     St.  1907,  138. 
Sect.  44.    See  St.  1905,  473;  1910,  390. 

Chapter  79.  —  Of  State  and  Military  Aid  and  Soldiers'  Relief. 

Sect.  1  superseded.     St.  1902,  192  §§  1-4. 

Sects.  2-16  superseded.  St.  1909,  468  §§  2-16;  1910,  467,  470.  (See 
1902,  192,  216,  250,  251,  292;    1903,  387,  420;    1904,  381;    1907,  43,  354; 

1908,  405.) 

Sect.  14.     See  St.  1910,  412. 

Sects.  20,  21  superseded.  St.  1909,  468  §§  17,  18.  (See  1902,  250, 
292;  1904,  381.) 

Sects.  22,  23  superseded.  St.  1902,  192  §  1;  1904,  381  §  1;  1909, 
468  §  1. 

Chapter  80.  —  Of  the  Settlement  of  Paupers. 

This  chapter  is  repealed  and  superseded  by  St.  1911,  669. 

Chapter  81.  —  Of  the  Support  of  Paupers  by  Cities  and  Towns. 

Act  to  provide  that  persons  afflicted  with  leprosy  shall  be  state  charges. 
St.  1909,  250. 

Massachusetts  commission  for  the  blind  may  provide  temporary  support 
in  certain  cases.     St.  1906,  385  §  6. 

Sect.  2.     See  St.  1905,  162. 

SECt.  4  amended.     St.  1905,  285. 

Sect.  5  amended.  St.  1905,  303  §  1.  Provision  for  care  of  indigent 
and  neglected  children.     St.  1903,  334;    1904,  356;    1906,  501;    1908,  104; 

1909,  180,  181.     (See  1909,  504  §§  66,  67.) 
Sect.  7  amended.     St.  1905,  303  §  2. 
Sect.  17.     See  St.  1909,  292. 

Sect.  17  et  seq.     See  St.  1905,  354. 

Sect.  21  amended  to  provide  for  case  of  refusal  to  submit  to  removal. 
St.  1903,  355  §  1.     (See  1903,  233.) 

Sect.  22.  Cities  and  towns  shall  require  tramps  and  vagrants  lodged 
to  perform  labor.     St.  1905,  344.     (See  1904,  274;  1905,  348.) 

Sect.  25.     See  St.  1902,  206,  213;  1905,  330. 

Sects.  26-28.     See  St.  1905,  464. 

Sects.  40,  41.     See  St.  1909,  208. 

Sect.  41  revised.     St.  1905,  115. 

Chapter  82.  —  Of  the  Maintenance  of  Bastard  Children. 

Sect.  1  amended.     St.  1904,  159. 

Sect.  4  amended.     St.  1911,  53  §  1. 

Sect.  5  amended.     St.  1911,  53  §  2.     Affected  St.  1911,  150. 

Sects.  6,  9.     See  St.  1910,  316. 

Sect.  12  amended.     St.  1905,  345. 


Chaps.  83-85.]  KkVISED   LawS.  1361 


Chapter  83.  —  Of  the  Protection  of  Infants  and  the  Care  of  Pauper  Children. 

Act  to  establish  the  Massachusetts  commission  for  the  bhiid.  St.  1906, 
385;  1907,  173. 

Provision  for  school  for  the  feeble-minded.  St.  1906,  508;  1907,  421; 
1909,  504  §§  11,  59-65.    (See  1906,  359;  1907,  489;  1908,  629.) 

Uniform  desertion  act.     St.  1911,  456. 

The  Massachusetts  school  and  home  for  crippled  and  deformed  children 
is  established.     St.  1904,  440;  1905,  128;  1907,  226;  1909,  497. 

Provision  for  care  of  indigent  and  neglected  children.  St.  1903,  334; 
1904,  356;  1906,  501;  1908,  104;  1909,  180,  181;  1911,  175.  (See  1909, 
504,  §§66,  67;  1911,456.) 

Sect.  10  amended.     St.a905,  269;  1911,  500.     (See  1911,  490.) 

Sect.  20  ct  seq.  Protection  of  minors  in  religious  belief  of  their  parents. 
St.  1905,  464. 

Sect.  25  amended.     St.  1911,  490  §  1. 

Sect.  25  ct  seq.     See  St.  1906,  413  §§  5,  8,  14. 

Sect.  29.     See  St.  1903,  333. 

Sect.  36  amended.     St.  1911,  490  §  2. 

Sect.  37  revised.     St.  1903,  334  §§  1-5,  7;    1906,  489;    1909,  181.    (See 

1904,  356;  1907,  195;  1909,  180;  1911,  175.) 

Sect.  38  revised.     St.  1903,  334  §§  6,  7.    (See  1904,  356;    1907,  195.) 

^  Chapter  84.  —  Of  the  State  Board  of  Charity. 

Inmates  of  institutions  under  supervision  of  state  board  of  charity  may 
correspond  with  the  board.     St.  1906,  341. 

Act  to  establish  the  Massachusetts  commission  for  the  blind.  St.  1906, 
385;  1907,  173. 

Provision  for  hospital  for  lepers.  St.  1905,  474.  Persons  afflicted  with 
leprosy  shall  be  state  charges.     St.  1909,  250. 

Sect.  2  amended.     St.  1908,  598. 

Sect.  2  ct  seq.  Powers  and  duties  of  the  board.  St.  1903,  231,  233, 
402;  1904,  395,  446  §  12;  1905,  162,  474;  1906,  341,  413  §§  4,  5,  8,  14; 
1907,  222  §  2,  271;    1908,  555,  598;    1909,  391,  472.    (See  1904,  356  §  3; 

1905,  128,  211  §  11;  1908,  195;  1909,  514  §  26.) 
Sect.  4  amended.     St.  1909,  208. 

Sect.  7  revised.     St.  1911,  154.    (See  1905,  211  §  11.) 
Sect.  8  et  seq.     The  board  may  provide  for  care  of  persons  infected  with 
diseases  dangerous  to  the  public  health.     St.  1904,  395;    1909,  391.     (See 

1907,  386;  1908,  555;  1909,  250,  292,  380.) 

Sect.  11  amended.     St.  1903,  231  §  1.    (See  1903,  233.) 
Sect.  14  amended.     St.  1903,  402  §  1;  1909,  379. 

Chapter  85.  —  Of  the  State  Hospital  and  the  State  Farm. 

Title  of  State  Hospital  changed  to  State  Infirmary.     St.  1911,  104. 
Provision  for  three  sanatoriums  for  tuberculous  patients.     St.  1907,  474; 

1908,  532;  1910,  198,  491.    (See  1908,  598.) 


1362  ChANUES   in    the  [Chap.  86. 

Act  to  encourage  and  promote  building  and  use  of  tuberculosis  hospitals 
in  cities  and  towns,     St.  1911,  597. 

Inmates  may  correspond  with  board  of  charity.     St.  1906,  341. 

Provision  for  hospital  for  lepers.  St.  1905,  474.  Inmates  to  be  state 
charges.     St.  1909,  250. 

Sect.  2.     See  St.  1908,  195,  469,  470. 

Sect.  6.     Certain  advances  authorized.     St.  1908,  178.     (See  1907,  466; 

1908,  469;  1909,  218.) 

Sect.  7  et  scq.     See  St.  1911,  30. 

Sect.  10  amended.  St.  1903,  233. 

Sect  11.  See  St.  1911  334  §  2. 

Sects.  14,  15.  See  St.  1902,  213;  1907,  386;  1909,  380,  391. 

Sect.  15  amended.  St.  1908,  555.  Medical  attendance  added.  St. 

1909,  292. 

Sect.  16  revised.  St.  1909,  98. 

Sect.  23.  See  St.  1911,  334  §  2. 

Sect.  28.  See  St.  1907,  466;  1911,  175. 

Sect.  33  amended.  St.  1903,  188. 

Sect.  39  amended.  St.  1904,  216. 

Sect.  40.  See  St.  1908,  470. 

Sects.  42,  43,  44  repealed.     St.  1909,  504  §  107.     (See  1906,  324.) 

Chapter  86.  —  Of  the  Lyman  School  for  Boys,  the  Industrial  School  for 
Girls  and  the  Reformation  of  Juvenile  OflEenders. 

Board  of  trustees  of  Massachusetts  training  schools  established  and 
previous  boards  abolished.     St.  1911,  566. 

Acts  relative  to  industrial  schools.  St.  1906,  505;  1908,  572,  639;  1909, 
457,  472,  489,  540;  1911,  471,  605. 

Inmates  may  correspond  with  board  of  charity.     St.  1906,  341. 

Act  to  provide  for  the  commitment  of  habitual  truants,  absentees  and 
school  offenders.     St.  1906,  389.     (See  1907,  158,  195;    1908,  286.) 

Acts  relative  to  wayward  and  delinquent  children.  St.  1906,  413,  489; 
1907,411;  1908,637;  1911,595. 

Act  to  establish  the  Boston  juvenile  court.  St.  1906,  489;  1907,  137, 
411.     (See  1906,  499;  1908,  286;  1911,  265.) 

Sect.  1.     See  St.  1906,  407. 

Reform  school  for  Boston.  St.  1901,  359. 

Sects.  5,  7.  See  St.  1905,  211  §  1. 

Sect.  6.  See  St.  1907,  224;  1909,  514  §  59;  1911,  265. 

Sects.  6,  7,  9.  See  St.  1908,  639  §  6. 

Sect.  7.  See  St.  1908,  195,  469. 

Sect.  10  rt  scq.  See  St.  1905,  464;  1906,  413,  489.  Solitary  confine- 
ment prohibited.     St.  1911,  265. 

Act  relative  to  arrest  of  escaped  inmates.     St.  1907,  362. 

Sect.  13.  State  commission  on  industrial  education  established.  St. 
190(),  505;  1909,  457  §  2. 

Sects.  14,  17-19.     See  St.  1908,  286;  1909,  472  §  2. 

Sect.  15.    See  St.  1906,  413  §§  4,  11,  489. 


Chaps.  87-89.]  REVISED   LaWS.  1363 

Sect.  16  superseded.  St.  190G,  413  §  G.  (See  1906,  489  §  7;  1908,  286.) 

Sect.  17.  See  St.  1906,  413  §  4. 

Sect.  18.  See  St.  1906,  413  §§  3,  5. 

Sect.  20  superseded.  St.  1906,  413  §  3.  (See  1902,  314.) 

Sect.  21  et  scq.     See  St.  1906,  413. 

Sects.  22,  27  d  scq.     See  St.  1910,  316;  1911,  265. 

Sect.  31  amended.  St.  1904,  459  §  6. 

Sect.  34  amended.  St.  1911,  489. 

Sect.  36  amended.  St.  1904,  363  §  2.  (See  1905,  464.) 

Sect.  49  d  scq.     See  St.  1906,  413  §§  5,  8,  14;  1907,  271. 

Chapter  87.  —  Of  the  State  Board  of  Insanity  and  Institutions  for  the 

Insane. 

This  chapter  is  repealed  and  superseded  by  act  to  revise  and  codify  the 
laws  relating  to  insane  persons.  St.  1909,  504;  1910,  122,  420;  1911,  30, 
71,  273,  334,  394,  395,  480,  649.  (See  1902,  542;  1903,  321,  400,  410; 
1905,  175,  211,  282,  330,  354,  400,  432,  435,  436,  447,  458,  475;  1906, 
184,  309,  316,  352,  418,  471,  472,  508;  1907,  421,  432,  489;  1908,  195,  613, 
626,  629;   1909,  274,  470,  535;   1910,  307  §  2,  345;   1911,  595,  604.) 

Act  relative  to  receipts  from  products  of  labor  of  inmates.  St.  1911, 
480.     Removal  of  insane  prisoners.     St.  1911,  604. 

Act  to  regulate  restraint  of  patients.     St.  1911,  589. 

Provision  for  maintenance  of  defective  delinquents  in  certain  institu- 
tions. St.  1911,  595.  For  instruction  of  nurses,  attendants  and  patients  in 
certain  institutions.     St.  1911,  649. 

Names  changed.     St.  1909,  504  §  98.     (See  1907,  226.) 

Board  may  hold  property  in  trust  for  certain  purposes.     St.  1910,  583. 

Sect.  27.     See  St.  1911,  589. 

Sects.  33,  52,  59.     See  St.  1911,  273. 

Sect.  83.     See  St.  1911,  589. 

Sect.  111.    See  St.  1911,  400,  589. 

Chapter  88.  —  Of  the  Massachusetts  State  Sanatorium. 

Provision  for  three  sanatoriums  for  tubercular  patients.  St.  1907,  474; 
1908,  532;  1910,  198,  491.     (See  1908,  533,  598;  1909,  414.) 

Sect.  1.  Number  of  trustees  increased;  two  to  be  women.  St.  1905, 
159.    (See  1907,  271,  474  §  15.) 

Sect.  3.     See  St.  1905,  175  §  3. 

Sect.  4.     See  St.  1907,  222  §  1. 

Sect.  6.     See  St.  1908,  195. 

Sect.  7  repealed.     St.  1911,  396.     (See  1909,  378.) 

Chapter  89.  —  Of  the  State  Board  of  Agriculture  and  the  Dairy  Bureau. 

Act  relative  to  annual  payments  to  the  Massachusetts  agricultural  col- 
lege.    St.  1911,  592.     (See  1904,  414;    1908,  460;    1909,  436;    1910,  627.) 

Cattle  bureau  established  with  powers  and  duties  of  board  of  cattle  com- 
missioners.    St.  1902,  116  §§  2,  3;  1911,  381.    (See  1911,  297  §  6.) 


1364  Changes  in  the  [Chap.  90. 

Act  to  encourage  and  improve  the  breeding  of  poultry.  St.  1909,  428. 
Act  to  provide  for  the  encouragement  of  orcharding.  St.  1910,  427.  To 
prevent  importation  of  infected  nursery  stock.  Res.  1911,  103.  Regu- 
lation of  places  where  cattle,  swine,  etc.,  are  kept.     St.  1911,  380. 

Provision  for  inspection  of  apiaries  and  suppression  of  contagious  dis- 
eases of  bees.     St.  1910,  653;  1911,  220. 

Provision  for  appointment  of  a  state  ornithologist.     St.  1908,  245. 

State  nursery  inspectorship  established  and  provision  for  protection  of 
trees,  etc.,  from  injurious  insects  and  diseases.  St.  1902,  495;  1907,  321; 
1909,  444;  1911,  474.  Res.  1911,  103.  (See  1902,  57;  1905,  381;  1906, 
268;  1907,521;  1908,591;  1909,263;  1910,150,427;  1911,242.)  Circu- 
lation of  information  as  to  idle  farms.     St.  1909,  212. 

Office  of  state  forester  established  and  duties  prescribed.  St.  1904,  409; 
1907,  473;  1908,  209  §§  3,  4;  1909,  263,  424  §  3,  452;  1910,  153,  236.  (See 
1907,  475.)  Provision  for  reforestation.  St.  1908,  478;  1909,  214.  (See 
1909,  187,  394.) 

Sect.  1  amended.     St.  1902,  116  §  4. 

Sects.  2  3.     See  St.  1911   311. 

Sect.  4  amended.  St.  1911,  186.  (See  St.  1904,  444  §§  2,  3;  1908,  459; 
1909,  212;  1910,  429.) 

Sect.  5  amended.     St.  1905,  155;  1907,  401.     (See  1908,  195.) 

Sect.  6.     See  St.  1911,  607. 

Sect.  8.  See  St.  1905,  211  §  1;  1907,  289;  1908,  459;  1909,  212;  1910, 
429.     Res.  1910,  90. 

Sect.  10.  Provision  for  instruction  in  agriculture.  St.  1906,  505  §  7; 
1909,457  §2;  1911,471. 

Sect.  11  d  scq.     See  St.  1909,  425. 

Sect.  12  amended.     St.  1908,  416  §  1. 

Chapter  90.  —  Of  the  Board  of  Cattle  Conunissioners  and  of  Contagious 

Diseases  of  Domestic  Animals. 

Board  of  cattle  commissioners  abolished  and  powers  and  duties  trans- 
ferred to  cattle  bureau  of  state  board  of  agriculture.  St.  1902,  116.  (See 
1903,  249;  1904,  414  §  2.) 

Sect.  3.     See  St.  1905  211  5  1. 

Sects.  4,  7.  See  St.  1902,  116  §  3;  1903,  220  §  1;  1908,  329;  1909, 
474;  1911,  6. 

Sect.  7  amended.     St.  1911,  297  §  1.     (See  1911,  532.) 

Sect.  11  amended.     St.  1908,  515  §  1. 

Sect.  12  superseded.     St.  1911,  143,  297  §  0,  532  §  2.     (See  1908,  378.) 

Sect.  26.     See  St.  1905,  266. 

Sect.  27  amended.     St.  1908,  515  §  2. 

Sect.  28  amended.     St.  1911,  6. 

Sect.  31.  Tuberculin  tests  to  be  without  charge  to  citizens.  St,  1903, 
322. 


Chap.  91.]  REVISED  LaWS.  1365 


Chapter  91.  —  Of  Fisheries. 

Provision  for  protection  of  property,  etc.,  used  by  commissioners  on 
fisheries  and  game.     St.  1906,  327. 

Powers  and  duties  of  inspector  general  of  fish  transferred  to  the  commis- 
sioners on  fisheries  and  game.  St.  1902,  138.  Commissioners  may  inves- 
tigate questions  relating  to  fish  and  game.  St.  1902,  178.  (See  1903,  291; 
1905,  317  §  2;  1907,  504;  1908,  402  §  2,  484  §  2.)  Duties  with  respect 
to  fires.     St.  1907,  299.     Walls  or  fences.     St.  1911,  173. 

Fishing  regulated  or  restricted  in  various  places:  Barnstable;  St.  1907, 
301;  1911,  499.  Barnstable  county;  1884,  264;  1887,  120;  1892,  196; 
1901,  184;  1903,  298.  Bass  river;  1894,  134.  Berkshire;  1888,  276; 
1890,  193;  1895,  199;  1902,  137,  544  §  11.  (See  1906,  314.)  Beverly 
harbor;  1909,  291.  Boston  harbor;  1894,  189;  1911,  107.  Bourne; 
1899,  194.  Braintree;  1911,  306.  Brimfield;  1895,  411.  Bristol;  1882, 
189;  1891,  198.  Buzzard's  bay;  1884,  214  §  2;  1886,  192;  1891,  237; 
1893,  205,  255.  Lake  Champlain;  1908,  488  §  1.  Charles  river;  1894, 
189.  Cohasset;  1910,  494;  1911,  103.  Cottage  City;  1905,  281  §  1. 
Dartmouth;  1906,  477.  Dennis;  1895,  203.  Dukes;  1884,  245;  1886, 
234;  1891,  198.  Duxbury;  1910,  494;  1911,  103.  Eastham;  1893,  77; 
1904,269;  1905,265.  Edgartown;  1886,234;  1891,52;  1897,181;  1903, 
216;  1904,  301;  1905,  281.  (See  1904,  319.)  Franklin,  Hampden  and 
Hampshire;  1890,  193;  1902,  137.  (See  1906,  314.)  Haverhill;  1894, 
296.  Hingham;  1894,  189;  1908,  298.  Hull;  1908,  298.  Ipswich;  1897, 
289.  (See  1902,  164.)  Lynn  harbor;  1909,  194;  1911,  374.  Marion; 
1892,188;  1893,255;  1902,94.  Marshfield;  1889,292;  1890,336.  Mash- 
pee;  1884,  264;  1892,  196;  1903,  298;  1907,  301.  Mattapoisett;  1884, 
214;  1890,  229;  1892,  ISO.  Merrimac  river;  1882,  166;  1883,  31,  121; 
1884,317;  1895,88;  1897,110.  (See  1902,  164.)  Mystic  river;  1894,189. 
Nahant  bay;  1909,  291.  Nantucket;  1891,  128;  1904,  232.  (See  1909, 
403  §  2.)  Neponset  river;  1894,  189.  Norwell  and  Pembroke;  1889,  292; 
1890,  336.  Orleans;  1904,  118,  269;  1905,  265.  (See  1901,  163.)  Plum 
Island  bay;  1887,  105;  1890,  30;  1900,  159.  (See  1902,  164.)  Plymouth; 
1884,199;  1886,163;  1889,292;  1890,336;  1910,494;  1911,103.  Podonk 
pond;  1900,  234.  Quincy;  1908,  298.  Quinsigamond  lake;  1896,  259; 
1901,  158;  1905,  429.  Rehoboth  and  Swansea;  see  1904,  132.  Randolph; 
1889,  78.  Rowley;  1897,  289.  Salem  harbor;  1909,  291.  Sandwich;  see 
1904,321.  Scituate;  1889,292;  1890,336;  1910,494;  1911,103.  Swamp- 
scott;  1911,  69.  Taunton  river;  1909,  404.  (See  1855,  401  §  10.)  Tis- 
bury;  1902,188;  1903,201.  Webster;  1896,110.  Weir  river;  1894,189. 
Wellfleet;  1891,  135;  1904,  269.  Westport  river;  1907,  298.  (See  1887, 
193;  1891,  137.)  Weymouth  river;  1894,  189;  1911,  306.  Winthrop, 
1911,  164. 

Sect.  3  amended.     St.  1905,  407. 

Sect.  3  et  seq.  Powers  and  duties  of  commissioners  and  deputies  are 
enlarged.  St.  1902,  138,  178;  1904,  367  §  1;  1905,  317;  1906,  179  §  2, 
356;  1907,  198,  299,  504;  1908,  2.55,  402  §  2,  417,  484  §  2,  488  §  2;  1909, 
265,  421,  422  §  3,  508  §  2;  1910,  460,  548,  575,  614  §  3;  1911,  185,  271,  722. 
(See  1910,  529;  1911,  217.     Res.  1911,  68.) 


1366  Changes  in  the  [Chap.  91. 

Sect.  7  revised.     St.  1902,  164. 

Sect.  8  repealed  and  superseded.     St.  1910,  460.     (See  1906,  356  §  1.) 

Sect.  9  amended.     St.  1904,  365. 

Sect.  15  et  seq.  Provision  as  to  sale  or  lease  of  certain  islands  in  great 
ponds.  St.  1904,  379.  (See  1910,  529.  Res.  1911,  68.)  As  to  renting  of 
boats  or  use  of  bathing  suits.     St.  1910,  400. 

Sect.  19  revised.     St.  1911,  285.    (See  1903,  274;    1907,  306.) 

Sect.  26  revised.     St.  1904,  308;  1906,  239.    (See  1903,  294;  1904,  118.) 

Sect.  28.     See  St.  1911,  185. 

Sects.  35-37.     See  St.  1908,  298. 

Sects.  36,  42.     See  St.  1904,  132. 

Sect.  52.     See  St.  1904,  118. 

Sect.  54.     See  St.  1904,  319. 

Sects.  57,  58,  59  repealed  and  new  provisions  made.  St.  1909,  377;  1910, 
469.     (See  1905,  190;  1906,  263,  314;  1907,  296.) 

Sect.  62  amended.     St.  1906,  314  §  1. 

Sect.  63  amended.     St.  1902,  137;  1906,  314  §  2. 

Sect.  63  et  seq.     See  St.  1903,  205;  1906,  263;  1909,  377. 

Sect.  64  amended.     St.  1902,  544  §  11.    (See  1905,  190.) 

Sect.  66.     See  St.  1907,  296;  1909,  377. 

Sect.  67  amended.  St.  1904,  329.  Killing  and  transportation  of  pike 
perch  restricted.     St.  1908,  488.    (See  1900,  179.) 

Sect.  68  repealed  and  new  provisions  made.  St.  1905,  417.  (See  1904, 
364.) 

Sect.  69  repealed.     St.  1904,  223. 

Sect.  71  et  seq.     See  St.  1911,  306. 

Sects.  81,  82.     See  St.  1906,  239. 

Sect.  81  amended.     St.  1904,  116  §  1;  1905,  81. 

Sect.  83.  Act  to  regulate  the  taking  of  scallops.  St.  1910,  177.  (See 
1907,  297;  1908,  270;  1909,  403.) 

Sect.  83  et  seq.  Act  relative  to  propagation  and  cultivation  of  shell- 
fish. St.  1904,  282.  (See  1906,  477;  1911,  411,  499.)  Planting,  cultivat- 
ing and  bedding  of  quahaugs.     St.  1909,  469. 

Sect.  84  amended.     St.  1906,  288. 

Sect.  85  limited.  St.  1903,  216  §  6;  1904,  269  §  6;  1905,  265  §  1;  1906, 
477  §  7. 

Sect.  86  et  seq.  Provision  for  protection  of  lobsters.  St.  1904,  408  §  1; 
1907,303;  1909,265. 

Sect.  88  amended.     St.  1907,  303.     (See  1908,  330  §  1.) 

Sect.  92  repealed.     St.  1909,  265  §  4. 

Sect.  101.     See  St.  1906,  477. 

Sect.  104  et  seq.     See  St.  1909,  469. 

Sects.  113,  114  affected.     St.  1907,  285. 

Sect.  110.     See  St.  1904,  118. 

Sect.  122  et  seq.     See  St.  1906,  239. 

Sect.  127  in  part  repealed.  St.  1904,  301  §  2.  Amended.  St.  1905, 
281  §  1.     (See  1904,301  §  1.) 

Sect.  128  revised.     St.  1907,  298  §  1. 


Chap.  92.]  REVISED   LaWS.  1367 

Sfxt.  129  repealed.     St.  1907,  298  §  2. 

Sect.  131.     See  St.  1911,  185. 

Sect.  132  amended.     St.  1908,  492.     (See  1906,  239  §  2.) 

Sect.  133  revised.     St.  1903,  246. 

Sect.  134  extended.     St.  1904,  282  §  2. 

Sect.  137  superseded.  St.  1908,  330.  (See  1905,  445;  1907,  300;  1908, 
417.) 

Sect.  139  repealed.     St.  1908,  76. 

Chapter  92.  —  Of  the  Preservation  of  Certain  Birds  and  Animals. 

Act  to  authorize  the  governor  to  proclaim  a  close  season  in  times  of 
drought.     St.  1909,  422. 

Act  to  prevent  holding  in  captivity  insectivorous  and  song  birds.  St. 
1902,  127;  1907,  250  §  2.  (See  1903,  287.)  Trapping  with  scented  bait. 
St.  1911,  215. 

Act  to  provide  for  establishment  of  refuges  for  birds  and  game.  St. 
1909,  362.     For  propagation  of  game  birds  and  animals.     St.  1911,  271. 

Act  for  the  protection  of  wild  fowl.  St.  1909,  421;  1911,  187,  188.  .For 
protection  and  propagation  of  wild  birds  and  quadrupeds.  St.  1911,  410. 
Of  hares  and  rabbits.  St.  1911,  118.  (See  1908,  413;  1909,  466;  1910, 
533  §  2;  1911,  118.)  Of  gray  squirrels.  St.  1911,  172.  Of  homing  pigeons. 
St.  1911,  198. 

And  of  shore,  marsh  and  beach  birds.     St.  1909,  508. 

Sale,  etc.,  of  prairie  chickens  prohibited.     St.  1906,  304. 

Adt  relative  to  licensing  and  registration  of  hunters.     St.  1911,  614.     (See 

1908,  484;  1909,  325;  1910,  614;  1911,  235.) 

Unnaturalized  foreign-born  persons  and  non-residents  prohibited  from 
hunting  unless  licensed.  St.  1911,  614.  (See  1905,  317;  1907,  198;  1908, 
402;  1909,  262.) 

Shooting,  etc.,  restricted  in  various  places:  Dukes;  St.  1905,  273;  1907, 
264.  Edgartown;  1908,  331.  Nantucket;  1902,  85;  1905,  122;  1906, 
292;  1911,  234.     (See  1902,  165;  1904,  366;  1905,  406;  1906,  303;  1907, 161.) 

Sect.  1  amended.     St.  1904,  176. 

Sect.  2  superseded.  St.  1911,  236.  (See  1908,  441;  1909,  272;  1910, 
365.) 

Sect.  3  superseded.  St.  1911,  356.  (See  1902,  85,  165;  1903,  206;  1904, 
366  §2;  1905,122,406;  1906,303;  1908,441;  1909,272;  1910,365;  1911, 
19.) 

Sect.  4  in  part  superseded.     St.  1906,  141;    1911,  18.     (See  1906,  301; 

1909,  421.)    Wood  or  summer  duck.     St.  1906,  274;    1911,  39,  187.     (See 
1909,  421  §  2.) 

Sect.  5  revised.  St.  1910,  472;  1911,  198.  (See  1903,  162,  244,  329; 
1905,  414;  1907,  99;  1909,  508.) 

Sect.  6  revised.     St.  1904,  369. 

Sect.  7  amended.  St.  1903,  287;  1907,  250  §  1.  In  part  repealed.  St. 
1909,  421.  (See  1908,  484.)  Loons  and  eagles  protected.  St.  1907,  118. 
Wild  turkeys.     St.  1911,  343. 

Sect.  8  amended.     St.  1903,  329  §  1. 


1368  Changes  in  the  [Chaps.  94-96. 

Sect.  9  superseded.  St.  1908,  284;  1909,  466;  1911,  118,  172.  (See 

1904,  366  §  1;  1907,  161,  166;  1908,  413;  1910,  564.) 

Sects.  11,  12  superseded.  St.  1910,  533  §§  1-4;  1911,  101,  118.  (See 

1905,  273;  1906,  241,  278;  1909,  328;  1911,  187,  188,  215.) 
Sect.  13.  See  St.  1910,  590. 

Sect.  14.  See  St.  1911,  215. 
Sect.  15.  See  St.  1909,  309. 
Sect.  16  superseded.  St.  1909,  309  §§  1-3.  (See  1905,  73;  1906,  482; 

1908,  477.) 

Sect.  17  revised.  St.  1910,  545  §§  1,  2,  4.  (See  1903,  245;  1905,  419; 
1907,  307;  1908,  377;  1909,  396.) 

Sect.  18  revised.  St.  1905,  245.  (See  1902,  154;  1910,  545  §  3.) 

Sect.  19.  See  St.  1911,  217. 

Sect.  20  repealed.  St.  1908,  330  §  2.  (See  1905,  445;  1907,  300;  1908, 
330  §  1.) 

Sect.  22  revised.     St.  1902,  236. 

Sect.  23.  Provision  for  bounties  for  killing  a  wild-cat  or  Canada  lynx. 
St.  1903,  344  §  1.  And  for  damages  caused  by  wild  deer.  St.  1903,  407. 
(See  1908,  377;  1909,  396.) 

Chapter  94.  —  Of  Lost  Goods  and  Stray  Beasts. 

Sect.  2.     See  St.  1907,  363;  1908,  133. 
Sect.  6.     See  St.  1906,  185  §  3. 

Chapter  95.  —  Of  Unclaimed  or  Abandoned  Property. 

Sect.  7.     See  St.  1906,  266;  1908,  599;  1910,  214  §  27. 
Sect.  8.     Provision  for  disposition  of  such   property   in   possession  of 
metropolitan  park  officer.     St.  1904,  170. 

Sect.  13  extended.     St.  1907,  363.    (See  1906,  185;  1908,  133;  1909,  302.) 

Chapter  96.  —  Of  the  Board  of  Harbor  and  Land  Commissioners. 

Act  relative  to  the  improvement  and  protection  of  ri\^ers,  harbors,  etc. 
St.  1909,  481. 

Act  relative  to  the  development  of  the  port  of  Boston.  St.  1911,  748. 
(See  1910,  648.) 

Act  relative  to  breaking  up  and  disposal  of  old  vessels,  etc.  St.  1908, 
595. 

Act  to  provide  for  supervising  transportation  and  dumping  of  material 
in  tide  waters.     St.  1907,  229. 

Sect.  2.     See  St.  1905,  211  §  1;    1908,  195.     Res.  1890,  57;    1891,  42; 

1909,  26. 

Sect.  3.     See  St.  1904,  379. 

Sect.  8.     See  St.  1902,  224,  425;    1904,  273;    1907,  229  §  1;    1908,  595; 

1910,  255,  585. 

Sect.  9.  See  St.  1903,  150  §  1 ;  1909,  481  §  1. 
Sect.  14.  See  St.  190(),  145. 
Sect.  17.  See  St.  1907,  229. 


Chaps.  97-100.]  KeVISED   LawS.  1369 


Chapter  97.  —  Of  Wrecks,   Shipwrecked  Goods  and  Removal  of  Wrecks. 

Act  relative  to  breaking  up  and  disposal  of  old  vessels,  etc.  St.  1908, 
595. 

Sect.  15.     See  St.  190S,  595;  1910,  585. 
Sect.  22.     See  St.  1908,  595  §  4. 

Chapter  98.  —  Of  the  Observance  of  the  Lord's  Day. 

Act  to  provide  for  one  day's  rest  in  seven.     St.  1907,  577. 

Sect.  1  revised.     St.  1908,  385  §  1;    1909,  189.    (See  1904,  460  §  1.) 

Sect.  2  revised.  St.  1904,  460  §  2;  1909,  420.  (See  1904,  176;  1907, 
204,  577;  1908,  126;  1909,  423,  514  §  52.) 

Sect.  2  limited.     St.  1908,  333,  343,  354,  537. 

Sect.  3  amended.  St.  1902,  414;  1908,  126,  273,  333,  343,  354,  537; 
1910,  327;  1911,  328.     Affected.     St.  1909,  423. 

Sect.  5  revised.  St.  1904,  460  §  3.  (See  1905,  341;  1907,  274;  1908, 
126,  385.) 

Sect.  12  amended.     St.  1908,  123. 

Chapter  99.  —  Of  Gaming. 

Club  charter  may  be  revoked  in  case  of  seizure  of  gaming  implements 
on  premises.     St.  1902,  254. 

Act  to  prohibit  bucketing  and  to  abolish  bucket  shops.     St.  1907,  414. 

Chapter  100.  —  Of  Intoxicating  Liquors. 

Licensing  board  for  Boston.  St.  1906,  291.  (See  1907,  214;  1909,  387, 
423.) 

Act  relative  to  wood  alcohol.     St.  1905,  220. 

Acts  relative  to  storage  of  liquors.     St.  1905,  284;    1911,  77,  88. 

Sect.  1  amended  as  to  sale  of  cider  and  wine.     St.  1903,  460. 

Sect.  10  d  seq.  See  St.  1909,  423;  1910,  383.  Provisions  for  Boston. 
St.  1902,  485;  1906,  291  §  4,  395;  1909,  221,  331. 

Sect.  13  amended.     St.  1910,  476.    (See  1909,  371  §  8.) 

Sect.  15  amended.     St.  1906,  287  §  1. 

Sect.  17,  cl.  2  revised.     St.  1906,  395;    1911,  507.    (See  1906,  386  §  1; 

1910,  473.)    Cl.  7,  see  St.  1911,  136. 

Sects.  17,  18.     Fourth  and  fifth  classes.     Storage.     St.  1905,  284.     (See 

1911,  77,  88.) 

Sect.  20  revised.  St.  1902,  171.  Amended.  St.  1905,  206;  1911,  83. 
Sect.  21  amended.  St.  1907,  190. 

Sects.  21-29.  See  St.  1902,  327;  1908,  525  §  3;  1910,  172  §  1. 
Sect.  23  amended.  St.  1907,  308;  1909,  261  §  1.  Board  may  suspend 
certificate.  St.  1909,  261  §  5. 
Sect.  26.  See  St.  1907,  190. 
Sect.  27.  See  St.  1906,  281 ;  1909,  261  §  2. 
Sect.  33  repealed.  St.  1903,  461  §  1. 


1370  Changes  in  the  [Chaps,  loi,  102. 

Sect.  34  revised.  St.  1906,  374  §  1. 

Sect.  35  amended.  St.  1906,  104  §  1. 

Sect.  41.  See  St.  1911,  136. 

Sect.  47  amended.     Suspension  of  license  authorized.     St.  1908,  108. 

Sects.  48-50.  Provision  for  registration  and  permits  for  carriers  of 
intoxicating  liquors  in  certain  cases.  St.  1906,  421;  1907,  517  §  2;  1910, 
497;  1911,  423. 

Sect.  49  amended.     St.  1907,  517  §  1;  1910,  497  §  1. 

Sect.  57  amended.     St.  1910,  264. 

Sect.  62.  Gift  or  sale  to  a  patient  in  dipsomaniac  hospital  is  punishable. 
St.  1903,  410;  1909,  504  §  94;  1911,  30. 

Sect.  63  amended.     St.  1909,  408. 

Sect.  67.  Office  of  inspector  and  assayer  abolished  and  powers  and 
duties  transferred  to  state  board  of  health.  St.  1902,  110.  (See  1908, 
469.) 

Sect.  76  amended.     St.  1909,  154  §  1. 

Sect.  85  amended.     St,  1909,  154  §  2. 

Sect.  86  amended.     St.  1904,  122. 

Sect.  88.  See  St.  1902,  485  §  4.  Club  charter  may  be  revoked  in  cer- 
tain cases.     St.  1902,  524. 

Sect.  89.     See  St.  1902,  524;  1906,  291  §  4. 

Chapter  101.  —  Of  Common  Nuisances. 

Spitting  in  certain  public  places  and  conveyances  prohibited.  St.  1906, 
165;  1907,410. 

Obstruction  of  means  of  egress  from  buildings  declared  a  common  nui- 
sance.    St.  1905,  347  §  1. 

Certain  nuisances  in  Boston.  St.  1893,  342;  1897,185;  1904,336;  1905, 
418,  426;  1908,  187  §  2. 

As  to  gypsy  and  brown-tail  moths,  see  St.  1902,  57;  1905,  381;  1906, 
268;  1907,521;  1908,591;  1909,263;  1910,150;  1911,242,474. 

Sect.  6.     Act  to  prohibit  bucketing  and  to  al)olish  bucket  shops.     St. 

1907,  414. 

Sect.  8.     See  St.  1906,  291  §  10. 
Sect.  9.    See  St.  1911,  77. 

Chapter  102.  ^  Of  Licenses  and  Municipal  Regulations  of  Police. 

Provision  for  registration  and  licensing  of  embahners.  St.  1905,  473; 
1910,  390.  Of  public  accountants.  St.  1909,  399;  1910,  263.  Of  nurses. 
St.  1910,  449.     License  required  to  sell  or  lease  firearms.     St.  1911,  495. 

Licensing  of  theatres  and  public  hulls.     St.  1904,  450;    1905,  341,  342; 

1908,  335.  (See  1908,  384;  1909,  514  §§  76,  77;  1911, 4()0.)  Lunch  wagons 
in  public  ways.  St.  1908,  360.  For  cinematographs  or  similar  apparatus. 
St.  1908,  566;  1909,  281;  1911,  48,  440.     (See  1905,  176,  437;  1908,  565.) 

Licenses  for  tl>e  business  of  plumbing.     St.  1909,  53();    1910,  597. 
Insurance  brokers.     St.  1907,  57()  §  93-95;  1908,  170;  1911,  429. 
Manicuring,  massage  and  vapor  baths.     St.  1911,  443. 


Chap.  102]  REVISED   LaWS.  1371 

Act  relative  to  collection  agencies.     St.  1910,  G50. 

Provision  for  license  to  carry  loaded  pistol.  St.  1906,  172  §  1;  1911,  548. 
(See  1911,  283.)  For  manufacture  of  fireworks  or  firecrackers.  St.  1910, 
565.    (See  1911,  495.) 

For  breaking  up  and  disposal  of  old  vessels,  etc.     St.  1908,  595. 

In  certain  cities  public  lodging  houses  must  be  licensed.  St.  1904,  242; 
1911,  129.    (See  1894,  414.) 

Licenses  and  registration  of  hunters.     St.   1911,  614.     (See  1905,  317; 

1907,  198;    1908,  402,  484;    1909,  262,  325,  362;    1910,  614;    1911,  235.) 
Licenses  to  work  or  do  business  on  Sunday.     St.  1909,  420,  423. 

Licenses  in  Boston:  To  gas  fitters.  St.  1897,  265.  Junk  dealers.  St. 
1900,  416;  1906,  291  §  10.  (See  1902,  187  §  4.)  Minors  to  black  boots, 
etc.  St.  1902,  531.  (See  1904,  450  §  2.)  Pawnbrokers;  private  detectives; 
money  lenders;  dogs.  St.  1906,  291  §  10.  Picnic  groves;  skating  rinks; 
intelligence  offices;  billiard,  pool  or  sippio  tables;  bowling  alleys.  St. 
1906,  291  §  4;  1907,  214.  Theatres  and  public  halls.  St.  1907,  463;  1908, 
335.  Shows  and  amusements.  St.  1908,  494.  Street  stands.  St.  1907, 
584;  1909,  329.  Lunch  wagons  in  street.  St.  1908,  360.  (See  1906, 
384;  1907,  500  §§  2,  3;  1909,  221,  311.) 

Provision  for  licensing  dealers  in  coal  and  coke.  St.  1903,  484;  1906, 
434.  Operators  of  automobiles  and  motor  cycles.  St.  1909,  534;  1910, 
525,  605;  1911,  37.  (See  1902,  315;  1903,  473;  1905,  311,  366;  1906,  353, 
412;  1907,  203,  408,  580;  1908,  263,  642,  648.)  Operators  of  hoisting  ma- 
chinery in  certain  cases.     St.  1911,  656. 

Sect.  2  revised.     St.  1910,  383.    (See  1906,  291  §  4.) 

Sect.  23  et  seq.     See  St.  1906,  435. 

Sect.  29  amended.  St.  1902,  187  §  1;  1910,  554  §  1.  (See  1906,  291 
§4.) 

Sect.  30  amended.     St.  1902,  187  §  2;  1910,  193. 

Sect.  32  amended.     St.  1902,  187  §  3;  1910,  554  §  2. 

Sect.  33.     See  St.  1906,  291  §  10. 

Sect.  40  amended.     St.  1905,  415. 

Sect.  41  amended.     St.  1911,  727  §  21. 

Sect.  42  amended.     St.  1907,  211.    (See  1907,  500  §§  2,  3.) 

Sect.  47  et  seq.     See  St.  1905,  308;  1906,  390. 

Sect.  48.     See  St.  1906,  291  §  10. 

Sects.  52,  53.     See  St.  1911,  727  §§  14,  15. 

Sects.  57-68  repealed  by  St.  1911,  727  §  24,  and  superseded  by  St.  1911, 
727.  Acts  regulating  small  loans.  St.  1905,  308;  1906,  390;  1908,  605; 
1909,  317,  514  §§  121-126;    1910,  563;    1911,  727.     (See  1909,  278.) 

Sects.  69-72.     See  St.  1911,  381  §  4. 

Sect.  78  amended.     St.  1907,  373  §  1;  1911,  562  §  1. 

Sect.  78  et  seq.     See  St.  1905,  310  §  4,  472;   1906,  387;   1907,  373,  465; 

1908,  563. 

Sect.  80  amended.  St.  1911,  562  §  2. 
Sect.  81  amended.  St.  1905,  310  §  1;  1911,  562  §  3. 
Sect.  82  revised.  St.  1907,  373  §  2;  1911,  562  §  4.  (See  1905,  310  §  2; 
1906,  414,  521,  522.) 


1372  Changes  in  the  [Chap.  102. 

Sect.  83  revised.     St.  1911,  562  §  5. 

Sect.  84  revised.     St.  1907,  373  §  3;  1911,  562  §  6. 

Sect.  85  amended.     St.  1907,  373  §  4;  1911,  562  §  7. 

Sect.  86  amended.     St.  1905,  310  §  3. 

Sect.  89  et  seq.  Provisions  for  regulations  as  to  explosives  and  inflam- 
mable fluids.  St.  1904,  370;  1905,280;  1908,502;  1910,223;  1911,477. 
(See  1910,  284.)  Acts  relative  to  paint,  turpentine  and  linseed  oil.  St. 
1908,531;  1911,218. 

Sect.  92  amended.     St.  1909,  199. 

Sects.  97,  98.  Act  to  provide  for  the  giving  of  bonds  in  blasting  opera- 
tions.    St.  1911,  325. 

Sects.  99,  100,  101  repealed  and  superseded.     St.  1910,  588. 

Sects.  109-111  superseded.     St.  1911,204. 

Sect.  114.     See  St.  1904,  370;  1905,  280. 

Sect.  122  amended.     St.  1908,  187. 

Sect.  122  et  seq.  See  St.  1905,  418;  1908,  187  §  2;  1910,  651;  1911, 
10,  223. 

Sects.  128,  129  amended.     St.  1909,  440  §  4. 

Sect.  130  amended.     St.  1908,  169;  1910,  87. 

Sect.  133  in  part  repealed.     St.  1904,  353  §  3;  1906,  291. 

Sect.  134  amended.  St.  1910,  319.  (See  1905,  317  §  2;  1908,  402  §  2; 
1910,  014  §  3.) 

Sect.  138  revised.     St.  1904,  105  §  1. 

Sect.  141  repealed.     St.  1904,  105  §  2. 

Sect.  142  amended.     St.  1909,  440  §  2.     (See  1906,  291  §  10.) 

Sect.  143  amended.     St.  1907,  240  §  1;  1908,  182;  1910,  629;  1911,  391. 

Sect.  144  amended.     St.  1907,  240  §  2. 

Sect.  150  et  seq.  Provision  for  better  protection  of  domestic  animals 
from  dogs.     St.  1902,  226;  1904,  127. 

Sect.  151  amended.     St.  1903,  100;    1904,  283;    1911,  392. 

Sect.  152.     Increase  in  amount  of  reward  authorized.     St.   1905,   lOG. 

Sect.  155  amended.     St.  1904,  142;  1907,  241;  1910;  392. 

Sect.  168.     See  St.  1906,  291  §§  8,  10. 

Sect.  170  amended.     St.  1908,  368. 

Sect.  172  superseded.     St.    1908,   385   §   2.     (See   1904,   450   §  2,  400; 

1905,  341,  342;  1900,  105;  1907,  274;  1909,  189,  514  §  77.) 

Sect.  172  et  seq.     See  St.  1904,  183;  1906,  384;  1908,  368,  381;  1910,  143. 

Sect.  173  amended.  St.  1004,  460  §  5;  1907.  309;  1909,  254.  (See 
1904,  450  §  15;  1905,  341,  342;  1906,  105;  1908,  335.) 

Sect.  176  amended.     St.  1906,  190,  291  §  4.    (See  1906,  384.) 

Sect.  178.     See  St.  1906,  291  §  4. 

Sect.  181  amended.     St.  1910,  125  §  1. 

Sect.  182  amended.     St.  1910,  125  §  2. 

Sect.  183  amended.     St.  1910,  125  §  3. 

Sect.  184  amended.  St.  1906,  107;  1907,  355;  1910,  532.  (See  1906, 
384.) 

Sect.  186  amended.     "Junk  collectors"  achhvl.     St.  1902,  187  §  4.     (See 

1906,  190,  291  §  4.) 


Chaps.  103,  104.]  RpWISED   LaWS.  1373 


Chapter  103.  —  Of  the  Supervision  of  Plumbing. 

This  chapter  in  part  superseded  by  acts,  relative  to  the  supervision  of 
the  business  of  plumbing.     St.  1909,  536;  1910,  597. 

Chapter  104.  —  Of  the  Inspection  of  Buildings. 

Licensing  and  inspection  of  theatres  and  public  halls  regulated.     St. 

1904,  450;    1906,  105;    1908,  389.     (See  1904,  460  §§  4,  5;    1905,  341,  342; 

1908,  335.)  Acts  to  regulate  use  of  cinematographs  or  similar  apparatus. 
St.  1905,  176,  437;  1908,  565,  566;  1909,  281;  1911,  48,  440.  Provision  for 
licenses  for  and  inspection  of  plumbing  work.  St.  1909,  536.  For  inspec- 
tion of  ventilating  and  lighting  of  factories  and  workshops.     St.  1907,  537; 

1909,  514  §  105;  1911,  603. 

Act   to   prohibit   obstruction   of  means   of  egress   from   buildings.     St. 

1905,  347.  Sanitary  requirements  for  certain  buildings.  St.  1902,  322; 
1905,  475;  1906,  250.  Storage  of  explosives  and  inflammable  fluids.  St. 
1904,  370;  1905,  280;  1908,  502.  Provision  for  safe  keeping  of  matches 
in  stores.     St.  1909,  184. 

Building  laws  for  Boston.  St.  1907,  550;  1908,  336;  1909,  313;  1910, 
284,  631;  1911,  342.  (See  1892,  419;  1893,  170,  293,  297,  464;  1894,  257, 
443;  1895,  97,  239,  280,  314;  1896,  416,  520;  1897,  175,  219,  265,  300, 
310,  413;  1898,  209,  228,  268,  308,  452;  1899,  161,  185,  222;  1900,  271, 
321,  335  §  2;  1901,  474;  1902,  400;  1903,  301  §  1;  1904,  227,  333,  336, 
368,  450  §§  2,  10;  1905,  342,  383,  426;  1906,  340;  1907,  416,  463;  1908, 
339,  347;    1911,  76.) 

Sect.  4  amended.     St.  1908,  221. 

Sects.  12-15.     See  St.  1904,  450  §§  4-10;  1905,  472. 

Sects.  15-18.     See  St.  1906,  105,  499  §  2. 

Sects.  19,  20  repealed  and  superseded.     St.  1908,  487.     (See  1907,  499.) 

Sect.  22  ct  seq.  An  act  to  regulate  public  lodging  houses  in  certain 
cities.     St.  1904,  242.     (See  1907,  490;  1908,  335;  1909,  504  §  26.) 

Sect.  25  amended.     St.  1907,  503  §  1.    (See  1905,  347  §  1.) 

Sects.  27,  28.  Acts  relative  to  the  operation  and  custody  of  elevators. 
St.  1902,  350;  1909,  514  §§  74,  75.     (See  1911,  656.) 

Sect.  28  amended.     St.  1911,  455. 

Sect.  29.     See  St.  1905,  347  §  2. 

Sects.  36,  37  limited.     St.  1906,  105  §  1.     (See  1905,  347  §  2.) 

Sects.  38-47  repeal  and  substitute.  St.  1909,  514  §§  91-100,  145.  (See 
1904,  430;    1906,  522;    1907,  451,  503;    1908,  375;    1909,  413,  514  §  64.) 

Sect.  41  amended.  St.  1907,  503  §  2.  Inspection  to  be  by  inspectors 
of  health.  St.  1907,  537  §  5.  (See  1904,  430;  1906,  522;  1907,  451;  1908, 
375,389;  1909,354.) 

Sects.  41,  42.     See  St.  1903,  475;    1904,  347;    1906,  250;    1907,  164. 

Sect.  54.    See  St.  1905,  347. 


1374:  Changes  in  the  [Chaps.  105,  loe. 


Chapter  105.  —  Of  the  Inspection  of  Steam  Boilers. 

The  law  as  to  the  inspection  of  steam  boilers  is  revised.     St.  1907,  465; 

1908,  563;    1909,  39.3,  410;    1911,  619,  656.     (See  1905,  310,  472;    1906, 
387,521,522;    1907,373,451;    1909,131,348;    1910,284;    1911,562.) 

License  required  for  operating  hoisting  machinery  in  certain  cases.     St. 
1911,  056. 
Board  of  boiler  rules  established.     St.  1907,  465  §  24. 
Inspectors  must  be  examined  and  certified  competent.     St.   1907,  465 

Sect.  1.     Inspection  to  be  under  supervision  of  a  chief  inspector  of 
boilers.     St.  1907,  465  §  4.     (See  1905,  521.) 
Sects.  2,  3.     See  St.  1907,  465  §§  2,  3,  13. 
Sect.  4  superseded.     St.  1907,  465  §§  14,  15. 
Sect.  5.     See  St.  1907,  465  §§  3,  15,  17,  19. 
Sect.  6.     See  St.  1907,  465  §  28. 
Sect.  9.     See  St.  1907,  465  §  20;  1908,  563  §  1. 
Sects.  10,  11.     See  St.  1907,  465  §§  20,  28. 

Chapter  106.  —  Of  the  Employment  of  Labor. 

This  chapter  is  repealed  and  revised  by  act  to  codify  the  laws  relating 
to  labor.  St.  1909,  514;  1910,  63,  166  §  2,  259,  350,  404,  445,  543,  611; 
1911,  151,  178,  208,  229,  241,  249,  263,  269,  281,  310,  313,  431,  484,  532, 
553,  584,  629,  751.  (See  1902,  183,  322,  350,  384,  430,  435,  446,  450;  1903, 
275,  320,  475;  1904,  311,  313,  315,  320,  334,  335,  343,  347,  349,  397,  432; 
1905,  213,  231,  238,  267,  304,  308,  341;  1906,  250,  284,  370,  390,  427,  435, 
463  II  §  167,  499,  517;  1907,  135,  164,  193,  224,  267,  269,  503  §  2,  537,  560 
§§  447,  448,  570,  577;  1908,  217,  228,  306,  325,  380,  420,  457,  485,  489,  547, 
553,  605,  645,  650;  1909,  201,  211,  332,  363,  371;  1910,  249,  257,  284, 
414,  473;  1911,  63,  113,  136,  339,  541,  603.) 

Act  to  establish  a  pension  system  for  Commonwealth  employees.  St. 
1911,  532,  553.     For  county  employees.     St.  1911,  634. 

Act  relative  to  employment  in  night  messenger  service.     St.  1911,  629. 

As  to  assignments  of  wages,  see  1905,  308;    1906,  390;  1908,  605  §§  7,8; 

1909,  317,  514  §§  121-126;    1910,  563;    1911,  727  §  22. 
Sect.  18.     See  St.  1911,  628  §§  2%,  33. 

Sect.  20  extended  by  act  to  constitute  eight  hours  a  day's  work  for  public 
employees.     St.  1911,  494.     (See  1909,  514  §  42.) 

Sect.  37.     See  St.  1911,  229. 

Provision  for  suburban  homesteads  for  workmen.     St.  1911,  607. 

Sect.  62  amended.     St.  1909,  514  §  112;  1910,  350;  1911,  208,  249. 

Act  relative  to  imposition  of  fines  by  unions.     St.  1911,  431. 

Sect.  65.     See  St.  1911,  584. 

Sect.  71  ct  seq.     See  St.  1909,  514  §§  127-144.     Res.  1911,  110. 

Industrial  accident  board  established.     St.  1911,  751  III. 

Act  to  authorize  employers  and  employees  to  establish  co-operative 
retirement,  amuiity,  or  pension  systems.     St.  1910,  559. 

Act  to  authorize  cities  and  towns  to  establish  pension  systems  for  em- 
ployees.    St.  1910,  619;  1911,  338.    (See  1911,  113,  413,  532.) 


Chaps.  107,  108.]  REVISED   LaWS.  1')75 


Chapter  107.  —  Of  the  Bureau  of  Statistics  of  Labor  and  the  Board  of  Super- 
visors of  Statistics. 
This  chapter  is  repealed  and  superseded  by  St.   1909,  371;    1910,  83; 
1911,  59,  74,  158.    (See  1902,  438  §  7;   1906,  296,  385  §  2;    1907,  79,  135; 

1908,  80,  462,  481,  485  §  7,  517;   1909,  514  §§  1-8;   1910,  598,  616.     Res. 

1909,  41.     St.  1911,  607.     Res.  1911,  142.) 

Provision  for  free  employment  bureaus  in  certain  cities.     St.  1906,  435; 

1907,  135;    1908,  306,  462  §  5,  485;    1909,  514  §§  1-9.    (Sec  1909,  371.) 

Chapter  108.  —  Of  District  and  Other  Police  Officers. 

The  fire  marshal's  department  is  abolished  and  duties  and  powers  trans- 
ferred to  detective  department  of  district  police.  St.  1904,  433;  1905, 
280;    1908,  502,  568;    1910,  223,  328,  588.     Salaries  of  fire  inspectors.     St. 

1905,  247  §  1,  461  §  1.     (See  1902,  142;    1903,  365;    1904,  370;   1911,  477.) 
Tenure  of  office  of  police  officers.     St.  1906,  210;    1907,  272.     (See  1911, 

624.) 

Act  to  authorize  appeals  to  State  board  of  health  from  certain  require- 
ments of  the  district  police.     St.  1907,  499. 

Police  commissioner  for  Boston.  St.  1906,  291;  1907,  214;  1909,  221. 
And  deputy.  St.  1909,  311.  (See  1885,  323;  1889,  419,  450;  1894,  260; 
1897,320;  1900,306;  1903,  312,  428  §  3;  1904,353,402;  1905,223;  1907, 
513,  584;  1909,  329;  1911,  287,  727  §  20.) 

Sect.  1.  Additional  members.  St.  1903,  333,  365  §§  2,  4;  1904,  318, 
430;  1906,  522  §  1;  1907,  451,  465  §  25,  482;  1908,  185,  470;  1909,  413, 
432;  1911,  616,  620.  (See  1904,  347  §§  2-7;  1906,  105  §§  1-3,  262;  1908, 
385  §  1,  389;  1909,  354,  413;  1911,  463.)  Age  limit.  St.  1904,  430;  1906, 
522;    1908,  375.     Clerks'  salaries.     St.  1906,  522  §  1;    1909,  410. 

Sect.  2.  Chief  of  boiler  inspection  department.  St.  1906,  521;  1911, 
619,  656.  Chief's  report.  St.  1910,  179.  (See  1906,  387;  1907,  465  §§  4, 
25;   1908,  470,  563  §  2;   1909,  131,  393.) 

Sect.  Set  seq.  Stenographers.  St.  1907,  465  §  25,  482;  1908,  479; 
1911,  561.     Chief  may  authorize  carrying  of  badges  and  weapons.     St. 

1908,  143. 

Sect.  4.     See  St.  1908,  195,  469. 

Sect.  5.     Salaries  fixed.     St.  1904,  382,  433;  1905,  247  §  1,  365,  461  §  1; 

1906,  480  §  1,  521  §  1,  522  §  1;   1909,  410;   1911,  549,  561,  619,  620.     (See 
1907,482.) 

Act  to  provide  pensions  for  the  district  police.     St.  1911,  675. 

Sects.  7,  8.  See  St.  1903,  475  §§  3,  5;  1905,  176,  304  §  4,  472;  1906, 
262;  1908,  375,  385  §  1,  389,  566,  568;  1909,  189,  354,  504  §§  42,  44,  514 
§§  75,  80-94,  105;  1910,  259,  404,  565,  588;  1911,  218,  269,  310,  325,  440, 
562  §§  3,  6,  8,  656,  727  §  2. 

Sect.  8  amended.  St.  1907,  413.  Duties  transferred  to  health  inspect- 
ors.    St.  1907,  537  §  5.     (See  1910,  284;  1911,  603.) 

Sect.  10  amended.     St.  1902,  544  §  12. 

Sects.  11,  12  superseded.  St.  1909,  514  §§  34,  35,  145.  (See  St.  1903, 
333;  1908,  470;  1909,  302.) 

Sects.  13-18  in  part  repealed.     St.  1906,  463  I  §§  49-53,  68. 


1376  Changes  in  the  [Chaps.  109,  110. 

Sect.  17  extended.     St.  1904,  59. 
Sect.  20  in  part  repealed.     St.  1906,  463  I  §§  55,  68. 
Sects.  21-25  superseded.     St.  1906,  463  I  §§  49-55,  68. 
Sect.  29  amended.     St.   1903,  428   §   1;    1909,   188.    (See  1910,  261.) 
Mutual  aid  association.     St.  1905,  246;  1910,  295. 
Sects.  29-31.     See  St.  1909,  453. 
Sect.  30  revised.     St.  1903,  428  §  2. 
Sects.  32,  33,  36.    See  St.  1906,  291  §  10. 

Chapter  109.  —  Of  Certain  Powers,  Duties  and  Liabilities  of  Corporations. 

New  provisions  made  for  business  corporations.  St.  1903,  437;  1904, 
207,  261;  1905,  156,  222,  242;  1906,  271  §§  12,  13,  286,  346,  372;  1907, 
282,  332,  395,  396,  578;  1908,  180,  300;  1909,  326;  1910,  353,  385;  1911, 
184,  488,  492.  This  chapter  is  repealed  so  far  as  it  applies  to  corporations 
subject  to  St.  1903,  437.  St.  1903,  437  §  95.  (See  1902,  370,  441,  463; 
1903,423;  1904,442;  1905,242;  1906,269,392,437;  1907,  414  §  2;  1908, 
454  §  1;  1909,  136,  440  §  2,  490  I,  II,  III.)  Act  to  prohibit  transfer  of 
assets  in  fraud  of  the  Commonwealth.     St.  1910,  187. 

Uniform  stock  transfer  act.     St.  1910,  171. 

Acts  relative  to  recording  name  and  change  of  name.     St.   1907,  539; 

1908,  163,  316. 

Acts  relative  to  taking  deposits  for  tickets  from  foreign  countries  or 
other  purposes.  St.  1905,  428;  1906,  408;  1907,  377  §  1;  1908,  493;  1909, 
287,  450;  1910,  338;  1911,  358.     (See  1908,  599.) 

Sect.  1.     See  St.  1906,  269;  1907,  332;  1911,  70. 

Sect.  2.     See  St.  1910,  187. 

Sect.  7  limited.     St.  1910,  197. 

Sects.  9-11,  15,  17,  20,  21,  24,  25,  27,  28,  30-35,  40,  52-57  repealed,  so 
far  as  they  apply  to  railroads  or  railroad  corporations,  etc.  St.  1906,  463 
II  §§  34,  38,  42,  44,  65-70,  258  III  §§  105-112,  138-143.    (See  1908,  636; 

1909,  309.) 

Sects.  13,  14.  See  St.  1906,  463  II  §  29. 
Sect.  18.  See  St.  1906,  463  III  §  4. 

Sects.  24-27.  See  St.  1902,  441;  1903,  437  §  40;  1906,  392,  437;  1908, 
529  §  4,  534;  1909,  477;  1910,  374. 
Sects.  32-35.  See  St.  1910,  171. 
Sects.  36-39  repealed.  St.  1903,  423  §  2.  (See  1906,  463  II  §§  41,  258; 

1910,  171.) 

Sect.  52  ct  scq.     See  St.  1910,  187. 

Sect.  54  amended.     St.  1905,  156.    (See  1903,  437  §  53.) 

Sect.  99.     See  St.  1906,  463  II  §  47. 

Chapter  110.  —  Of  Manufacturing  and  Other  Corporations. 

New  provisions  made  for  business  corporations.  St.  1903,  437;  1904, 
207,  261;  1905,  222;  1906,  271  §§  12,  13,  286,  346,  372;  1907,  282,  332. 
395,  396,  578;  1908,  180,  300;  1909,  326;  1910,  353,  385;  1911,  488,  492. 
This  chapter  is  repealed  so  far  as  it  applies  to  corporations  subject  to  St. 


Chap.  111.]  REVISED   LawS.  1377 

1903,  437.  St.  1903,  437  §  95.  (See  1902,  441;  1904,  442;  1905,  15G; 
1908,  454  §  1,  4GS;  1909,  103,  440  §  2,  441,  490  I  and  II;  1911,  184,  428.) 
Act  to  prohibit  transfer  of  assets  in  fraud  of  the  Commonwealth.  St.  1910, 
187. 

Act  relative  to  the  listing  and  advertising  of  shares  of  stock  of  mining 
corporations.     St.  1911,  492.     (See  1911,  488.) 

Uniform  stock  transfer  act.     St.  1910,  171. 

Acts  relative  to  recording  name  and  change  of  name.  St.  1907,  539; 
1908,  163,  316. 

Sect.  1.     See  St.  1906,  204;    1908,  590  §  4;    1909,  491  §  2;    1911,  148. 

Sect.  9  amended.     St.  1910,  346. 

Sect.  10.     See  St.  1909,  441. 

Sects.  15-20  See  St  1911  251 

Sects.  17,  19,  22-25,  27,  28  in  part  repealed.  St.  1906,  463  II  §§  29- 
32,  37,  40,  43,  258. 

Sect.  24.  See  St.  1907,  576  §  61;  1909,  256. 

Sect.  32  amended.  St.  1908,  534  §  1.  (See  1906,  437;  1909,  316,  477; 
1910,  374.) 

Sect.  46.  See  St.  1910,  187. 

Sect.  47  amended.     St.  1910,  124. 

Sect.  48.     See  St.  1909,  477;  1910,  374. 

Sect.  50.     See  St.  1905,  330. 

Sects.  76-78.  See  St.  1909,  103. 

Sect.  84.  See  St.  1911,  339. 

Sect.  86  amended.     St.  1908,  382  §  1.    (See  1908,  219.) 

Chapter  111.  —  Of  Railroad  Corporations  and  Railroads. 

This  chapter,  except  section  158,  is  repealed  by  St.  1906,  463  II  §  258; 
and  revised  by  St.  1906,  463  I,  II;  1907,  245,  287,  315,  392,  585;  1908, 
390,  504,  542,  553,  620,  636,  649;  1909,  47  §  1,  233,  343,  348,  358,  369, 
394,  417,  429;  1910,  353,  401,  498,  544,  558,  588,  633;  1911,  120,  290,  486, 
491,  508,  681.  (See  1902,  298,  402,  432,  440,  507,  533,  544  §  13;  1903,  126, 
173,  297,  423,  478;  1904,  59,  96,  169,  265,  357,  429;  1905,  134,  208,  210, 
408,456;  1906,  266,  267,  283,  417,  463  II  §  258,  516;  1907,428,431;  1908, 
220,  372,  495,  552,  599;  1909,  118,  136,  363,  394,  485,  490  I  §§  9,  43,  III, 
502,  514  §§  24,  25,  46,  127,  145,  527;  1910,  171,  187,  214,  443,  596;  1911, 
184,  214.") 

Act  relative  to  employment  of  engineers  and  conductors.     St.  1911,  539. 

Acts  for  better  protection  from  fire  of  woodlands  adjoining  railroads. 
St.  1907,  431;  1909,  394.  Act  relative  to  use  of  torpedoes,  etc.  St.  190S, 
495. 

Act  relative  to  furnishing  drinking  water  on  passenger  trains.  St.  1911, 
491. 

Acts  to  regulate  formation  of  electric  railroad  companies.  St.  1906,  516; 
1907,  428,  448;  1908,  301,  450.     (See  1909,  118.) 

Act  relative  to  season  tickets.     St.  1911,  508, 

As  to  mileage  and  commutation  tickets.     See  St.  1908,  649. 


1378  Changes  in  the  [Chaps.  112, 113. 

Acts  relative  to  taking  of  deposits  for  transmission  to  foreign  countries, 
or  other  purposes.     St.  1905,  428;    1907,  377;    1908,  493;    1909,  287,  450; 

1910,  338;  1911,  358.     (See  1908,  599.) 

Sect.  11  et  seq.     See  St.  1906,  463  I  §§  5-9;  1911,  755. 

Sect.  149  ct  seq.  See  St.  1906,  463  I  §§  29-45;  1908,  372,  390,  542; 
1909,  47,  429;  1910,  498,  544. 

Sect.  158.  Not  repealed  by  St.  1906,  463.  (See  1906,  463  II  §  258; 
1909,  358.) 

Act  to  restrain  the  consolidation  of  railroad  corporations.     St.  1907,  585. 

Sect.  263  et  seq.     See  St.  1903,  297;    1906,  463  I  §  63;    1907,  392  §  1; 

1911,  635. 

Sect.  270.     See  St.  1909,  394. 

Chapter  112.  —  Of  Street  Railway  Corporations. 

This  chapter  is  repealed  by  St.  1906,  463  III  §  158;  and  revised  by  St. 
1906,  463  III,  479;  1907,  318,  392,  402;  1908,  530,  620,  636;  1909,  47  §  1, 
369,  417,  485;  1910,  443,  453,  518,  536,  551,  567,  596;  1911,  120,  345,  357, 
442,  462.  (See  1902,  288,  370,  395,  396,  399,  440,  449,  483;  1903,  134, 
143,  202,  320,  328,  423,  476;  1904,  110,  210,  267,  373,  396,  441;  1905,  80, 
134,  376;  1906,  266,  267,  283,  339,  463  I  §  68,  516;  1907,  428;  1908,  220, 
390,599;  1909,  136,  490  III  §§  40-51,  502,  514  §  46;  1910,171,592;  1911, 
184.)  Provision  for  temporary  locations.  St.  1908,  266;  1910,  518.  Issue 
of  stock  or  bonds  for  working  capital.  St.  1909,  485.  Transportation  of 
milk  and  cream.  St.  1908,  278.  And  military  supplies  and  equipment. 
St.  1909,  118. 

Act  relative  to  joint  use  of  tracks  by  street  railway  companies.  St.  1911, 
487.  Act  relative  to  pole  and  wire  locations.  St.  1911,  442.  (See  1911, 
509.) 

Acts  relative  to  electric  railroad  companies.  St.  1906,  463  III,  516;  1907, 
428,  448;  1908,  301,  450;  1910,  596;  1911,  120,  345,  357.  (See  1907,  556; 
1908,  220,  552.)    Act  limiting  time  of  construction.     St.  1910,  587. 

Provision  for  purchase  of  property  of  foreign  companies.     St.  1910,  443. 

As  to  elevated  railways  and  subways  in  and  near  Boston,  see  St.  1887, 
413  §§  4-6;  1890,  368,  454  §  12;  1894,  548,  550;  1895,  440;  1896,  492; 
1897,  500;  1900,  258;  1902,  114,  534;  1904,  167;  1906,  213,  520;  1907, 
258,  573;   1908,  521,  551;   1909,  383,  455;   1910,  630;   1911,  623,  740,  741. 

Chapter  113.  —  Of  Savings  Banks  and  Institutions  for  Savings. 

This  chapter  is  repealed  and  revised  by  St.  1908,  590;  1909,  491;  1910, 
281,  358,  392,  399,  622;  1911,  211,  228.  (See  1902,  169,  355,  463,  483,  490; 
1904,  200,  208,  210,  374  §  5,  427;  1905,  211,  250;  1906,  66,  204,  347,  377, 
463  III  §§  147-150,  479;  1907,  340,  377,  533,  561,  576;  1908,  222,  414, 
493,  520,  523;  1909,  399,  419,  490  III  §§  21-23;  1910,  263,  656;  1911, 
618.) 

Acts  relative  to  savings  deposits  in  trust  companies.  St.  1908,  520; 
1909,342;  1911,337. 

Act  relative  to  proceedings  against  delinquent  banks.     St.  1910,  399. 


Chaps.  lU,  115.]  REVISED   LaWS.  1379 

Savings  banks  may  establish  life  insurance  departments.     St.  1907,  561; 

1908,  22.     (See  1907,  576.) 
Sect.  3.     See  St.  1909,  491  §  3. 

Sect.  6.  See  St.  1908,  590  §  9;  1910,  399;  1911,  339. 

Sect.  11.  See  St.  1907,  576  §  61;  1909,  256,  491  §  4;  1911,  344. 

Sects.  14,  31.     See  St.  1908,  590  §  69. 

Sect.  25.  See  St.  1909,  491  §  7. 

Sect.  26.  CI.  7.     See  1908,  590  §  68;  1909,  491  §  8.      . 

Sect.  35.  See  St.  1911,  228. 

Sect.  38.  See  St.  1910,  370. 

Chapter  114.  —  Of  Co-operative  Banks. 

Acts  to  provide  for  appointment  of  a  bank  commissioner  and  deputy, 
St.  1908,  590  §§  2-15;  1909,  399;  1910,  393,  399;  1911,  81.  (See  1906, 
204,  347,  377;  1907,  561;  1908,  414,  493,  520  §§  10,  11,  13,  15;  1909,  399; 
1910,  263,  281,  338,  656  §  6;  1911,  184.) 

Act  to  authorize  the  incorporation  of  credit  unions.     St.  1909,  419. 

Acts  relative  to  unauthorized  banking.     St.  1906,  377;    1908,  590  §  16; 

1909,  491  §  4. 

Act  relative  to  proceedings  against  delinquent  banks.  St.  1910,  399. 
(See  1911,  618.) 

Consolidation  of  two  or  more  banks  authorized  and  regulated.  St.  1904, 
392.     (See  1906,  204.) 

Sect.  1.     See  St.  1909  419  §  25. 

Sect!  2.  See  St'.  1906,  204  §  4;'  1908,  590  §  4;  1909,  490  III  §  25,  491 
§  2;  1911,  148. 

Sect.  3.     See  St.  1909,  419  §  3. 

Sect.  4  amended.     St.  1903,  147  §  1. 

Sect.  7.     See  St.  1907,  576  §  61;  1909,  256. 

Sects.  9,  10  amended.     St.  1903,  95  §§  1,  2. 

Sect.  10.     See  St.  1907,  576  §  61. 

Sect.  11  amended.     St.  1910,  288. 

Sect.  14.  Loans  limited.  St.  1904,  292  §  1.  Act  relative  to  mort- 
gages to  co-operative  banks.     St.  1907,  351. 

Sect.  17  revised.     St.  1906,  280  §  1. 

Sect.  24  revised.     St.  1903,  203  §  1. 

Sects.  26-30.     See  St.  1906,  204  §  3. 

Sect.  30  amended.     St.  1910,  364. 

Sect.  31  (new  section)  added,  relative  to  increase  in  limit  of  capital.  St. 
1903,  147  §  2.     (See  1910,  364.) 

Chapter  115.  —  Of  Banks  and  Banking. 

Acts  to  provide  for  the  appointment  and  relative  to  the  duties  of  a  bank 
commissioner  and  deputy.  St.  1908,  414,  520  §§  10,  11,  13,  15,  590  §§  2- 
15;  1909,  399;  1910,  393,  399;  1911,  81,  607.  (See  1906,  204,  377;  1907, 
319  §§  2-4,  377,  561;    1910,  263,  281,  338,  656  §  6;    1911,  184,  228.) 

Board  of  bank  incorporation.     St.  1908,  590  §  4;  1909,  491  §  2;  1911,  148. 


1380  Changes  in  the  [Chap.  iie. 

Supervisor  of  loan  agencies.     St.  1911,  727  §  1.    (See  1909,  317.) 

Provision  for  registration  of  public  accountants.  St.  1909,  399;  1910, 
2G3. 

Act  relative  to  unauthorized  banking.  St.  1906,  377;  1908,  590  §  16, 
69;  1909,  491  §  4.  Act  relative  to  proceedings  against  delinquent  banks. 
St.  1910,  399.  (See  1911,  618.)  Foreign  banking  associations  or  corpora- 
tions. St.  1906,  66  §  1,  204  §  3,  347;  1910,  343.  (See  1902,  463.)  Act 
relative  to  foreign  banking  corporations  doing  business  as  savings  banks. 
St.  1907,  533;    1909,  491  §  4.    (See  1908,  520;    1911,  228.) 

Acts  regulating  business  of  receiving  funds  for  tickets  from  or  to  foreign 
countries  or  supply  of  laborers.  St.  1905,  428;  1906,408;  1907,377;  1908, 
493;  1909,  287  §  1,  450;  1910,  338;  1911,  358.    (See  1908,  599.) 

Sect.  3.     See  St.  1906,  204  §  3. 

Sect.  17  et  seq.     See  St.  1902,  169  §§  3,  4;  1908,  590  §§  19,  20. 

Sect.  56  et  scq.     See  St.  1904,  263. 

Sect.  67.     See  St.  1906,  204  §  3. 

Sects.  90-94.    See  St.  1907,  576  §  30. 

Sects.  110,  111.     See  St.  1911,  339. 

Sects.  112-115.     See  St.  1906,  204  §  3. 

Chapter  118.  —  Of  Trust  Companies. 

Acts  regulating  the  incorporation  and  business  of  trust  companies.  St. 
1904,  374;  1905,  331;  1908,  520;  1909,  342,  491;  1910,  377,  399;  1911, 
228,  337,  389.    (See  1904,  200;    1909,  490  III  §  37;    1911,  184.) 

Acts  relative  to  examinations  of  trust  companies.  St.  1907,  319;  1908, 
520  §  14.  Act  relative  to  proceedings  against  delinquent  trust  companies 
and  banks.     St.  1910,  399. 

Act  relative  to  voluntary  associations  under  written  instruments     St. 

1909,  441. 

Officers  and  offices  not  to  be  same  as  or  connected  with  those  of  a  sa\'ings 
bank.  St.  1902,  169  §§  3,  4;  1908,  590  §§  18,  19.  As  to  maintenance  of 
branch  offices,  see  St.  1902,  355  §  2;  1908,  520  §  15.  Savings  deposits. 
St.  1908,  520;  1909,  342;  1911,  337. 

Sects.  2-6.     See  St.  1904,  374  §§  1-5;    1906,  204  §  3;    1908,  590  §  4. 

Sect.  3  amended.     St.  1909,  491  §  1. 

Sect.  5  amended.  St.  1907,  487.  Act  relative  to  increase  of  capital. 
St.  1905,  189. 

Sect.  7  et  seq.  An  examining  committee  required.  St.  1908,  520  §  14. 
(See  1907,  319  §  1.) 

Sect.  8  amended.     St.  1911,  87. 

Sect.  12.     See  St.  1908,  520;  1909,  342. 

Sect.  16  amended.     St.  1907,  417.    (See  1907,  340  §  2;    1908,  590  §  57; 

1910,  370.) 

Sect.  18  amended.  Trust  companv  may  be  appointed  conservator.  St. 
1908,116,505.     Affected.     St.  1911,389. 

Sect.  20.  See  St.  1906,  204  §  4;  1908,  590  §  4;  1909,  491  §§  2,  8;  1911, 
148. 

Sect.  28.     See  St.  1904,  374  §  7;  1905,  331  §  1;  1908,  520  §  8;  1910,  377. 


Chaps.  117-119.]  REVISED   LaWS.  1381 

Sect.  30  amended.     St.  1905,  228. 

Sect.  36  amended.     St.  1907,  320;   1908,  520  §  13.    (See  1909,  342  §  2.) 

Sect.  37.     See  St.  1900,  204  §  3. 

Sect.  38.     See  St.  1910,  399  §  12. 

Chapter  117.  —  Of  Mortgage  Loan  and  Investment  Companies. 

Act  to  regulate  bond  and  investment  companies.     St.  1904,  427.     (See 
1906,  204.) 
Sects.  14,  15.     See  St.  1906,  204  §§  3,  4;  1908,  590  §§  2,  3. 

Chapter  118.  —  Of  Insurance. 

This  chapter  is  repealed  and  superseded  by  St.  1907,  576;  1908,  81,  151, 
162,  163,  165,  166,  170,  248,  436,  471,  473,  482,  509,  511,  646;  1909,  92, 
95,  192,  242,  345,  390,  415,  467,  488;  1910,  185,  256,  366,  375,  426,  463, 
489,  493,  499,  552,  649;  1911,  51,  205,  251,  292,  315,  329,  344,  361,  406, 
429,  493,  751  IV.  (See  1902,  106,  340;  1903,  174,  223,  307,  421;  1904, 
240,  247,  300,  304,  427;  1905,  191,  287,  315,  401;  1906,  271  §  7,  396;  1907, 
539,  561;  1908,  195,  222,  463,  469,  563  §  2;  1909,  267,  490  II  §§  26-36, 
III  §§  26-32,  53;  1910,  179,  235,  559  §§  1,  2;  1911,  532  §§  8,  9,  628  §§  4, 
12,  634  §§  8-10.) 

Act  relative  to  incorporation  of  companies  on  the  mutual  plan.  St.  1911, 
251. 

Massachusetts  Employees  Insurance  Association  established.  St.  1911, 
751  IV. 

Act  to  permit  savings  banks  to  establish  life  insurance  departments.  St. 
1907,561;  1908,222. 

Act  relative  to  voluntary  exchanges  of  life  policies.     St.  1908,  436. 

Act  relative  to  change  of  name  of  certain  corporations.     St.  1908,  163. 

Sect.  6  d  scq.  See  St.  1910,  619  §§  8,  9,  10;  1911,  628  §§  12-29,  634  §§ 
8,9. 

Sect.  7.     See  St.  1911,  339. 

General  insurance  guaranty  fund  established,  and  a  State  actuary  and 
medical  director  provided  for.  St.  1907,  561  §§  14,  15,  16.  (See  1907, 
576  §  5.) 

Board  of  appeal  for  fire  insurance  rates.     St.  1911,  493. 

Act  relative  to  preferred  claims  against  insolvent  domestic  fire  insurance 
companies.     St.  1908,  151. 

Sect.  29.     See  St.  1911,  251. 

Chapter  119.  —  Of  Fraternal  Beneficiary  Corporations. 

This  chapter  in  part  superseded  by  an  act  to  provide  for  the  control  and 
regulation  of  fraternal  benefit  societies.     St.  1911,  628.     (See  1911,  751.) 

Act  to  authorize  the  incorporation  of  credit  unions.  St.  1909,  419. 
Establishment  by  employers  and  employees  of  retirement,  annuity,  or 
pension  systems.     St.  1910,  559. 

Sects.  1,  2.     See  St.  1903,  332  §  1. 


1382  Changes  in  the  [Chaps.  120,  121. 

Sect.  6  extended.  St.  1911,  111.  Domestic  corporation  may  adopt  pro- 
visions of  R.  L.,  ch.  120.  St.  1904,  155;  1909,  294.  (See  1904,  427  §  7; 
1907,  576  §  35;  1909,  514  §  30.) 

Sect.  11  amended.     St.  1908,  463. 

Sect.  12  amended.  St.  1903,  332  §  1;  1909,  407;  1910,  339.  (See  1911, 
111.)  License  under  St.  1908,  605  not  required.  St.  1909,278.  (See  1911, 
727.) 

Provision  for  partial  payment  on  death  of  wife.     St.  1904,  271. 

Sect.  13  amended.     St.  1907,  471.     Restriction  as  to  name.     St.  1905, 

315.  Act  relative  to  change  of  name.  St.  1908,  163.  Provision  for  in- 
junction.    St.  1910,  98. 

Sect.  14.     See  St.  1903,  166. 

Sect.  15  et  seq.     See  St.  1910,  649. 

Sect.  16  amended.     St.  1907,  472;  1910,  296. 

Sect.  17.     See  St.  1903,  332  §  1. 

Chapter  120.  —  Of  Assessment  Insurance. 

Sect.  1.  Domestic  corporation  organized  under  R.  L.,  ch.  119,  may 
also  carry  on  business  under  this  chapter.  St.  1904,  155.  (See  1904,  427 
§  7;  1907,  576  §  35;  1909,  514  §  30;  1911,  628.) 

Massachusetts  Employees  Insurance  Association  established.  St.  1911, 
751  IV. 

Act  relative  to  change  of  name  of  certain  corporations.     St.  1908,  163. 

Sect.  6.     See  St.  1904,  155  §  3,  427  §  7. 

Sect.  8  is  revised.     St.  1910,  237. 

Sect.  9.     See  St.  1911,  339. 

Sect.  13  amended.     St.  1903,  227. 

Chapter  121.  —  Of  Gas  and  Electric  Light  Companies. 

Acts  relative  to  meters  used  by  gas  companies.     St.  1911,  434,  558. 

Acts  relative  to  electric  power  companies.     St.  1908,  617;    1911,  349. 

Act  to  authorize  the  purchase,  sale  and  consolidation  of  gas  and  electric 
light  companies.     St.  1908,  529;  1909,  316.     (See  1906,  392;  1910,  187,  197.) 

Act  relative  to  loss  by  fire  of  money  in  cash  recording  meters.  St.  1911, 
434. 

Sect.  1  amended.     St.  1907,  316;    1910,  539.     (See  1908,  655.) 

Sects.  1-4.  Powers  and  duties  of  inspector  of  gas  meters  transferred 
to  board  of  gas  and  electric  light  commissioners.     St.   1902,  228;    1909, 

316,  318;  1910,  651;  1911,  509.  (See  1903,  464;  1905,  211  §  1;  1906, 
422;  1909,  490  III  §  9;  1911,  184,  558.)  Inspectors'  salaries.  St.  1902, 
288  §  6;  1907,  54  §  2;  1908,  536  §  2. 

Sect.  3  superseded.     St.  1908,  536  §  2.    (See  1907,  54  §  1.) 
Sect.  4  superseded.     St.  1904,  435. 
Sect.  5  et  seq.     See  St.  1910,  651. 

Sect.  7  amended.     St.  1911,  293.    (See  St.  1905,  211  §  1.) 
Sect.  9.     See  St.  1906,  422  §  4. 

Sect.  10.  Acts  relative  to  increase  of  stock.  St.  1908,  534;  1909,  477; 
1910,  374.    (See  1906,  392,  437.) 


Chaps.   122-124.]  KeVISED   LaWS.  1383 

Sect.  13.     See  St.  1910,  187,  197. 

Sect.  14.     See  St.  1908,  529;  1909,  316  §  1;  1910,  124. 

Sect.  21.     See  St.  1903,  320. 

Sect.  22.     See  St.  1906,  392;  1908,  529  §  5;  1909,  316  §  1. 

Sect.  26.     See  St.  1908,  617. 

Sect.  31  amended.  St.  1903,  406  §  1. 

Sect.  33  amended.  St.  1903.  164. 

Sect.  34.  See  St.  1903,  464. 

Sects.  34,  35  limited.     St.  1906,  422  §  10. 

Sect.  36  amended.     St.  1911,  348. 

Sect.  40  amended.     St.  1908,  243. 

Chapter  122.  —  Of  Companies  for  the  Transmission  of  Electricity. 

Acts  relative  to  the  filing  and  receiving  time  of  telegrams.  St.  1909, 
402,  542. 

Act  relative  to  responsibility  for  loss  by  fire  of  money  in  cash  recording 
meters.     St.  1911,  434. 

Act  relative  to  employment  of  night  messengers.     St.  1911,  629. 

Acts  relative  to  electric  power  companies.     St.  1908,  617;  1911,  349. 

The  Massachusetts  highway  commission  to  have  general  supervision  of 
all  companies  engaged  in  the  transmission  of  intelligence  by  electricity. 
St.  1906,  433.    (See  1909,  402,  490  III  §§  40^4,  52,  62.) 

As  to  electric  railroad  companies,  see  St.  1906,  516;  1907,  428,  448,  556; 
1908,  220,  301,  552;  1909,  490  III  §§  40-51;  1911,  442,  481. 

Sect.  1  revised.     St.  1911,  509  §  1.    (See  St.  1903,  320;  1911,  481.) 

Sect.  2  revised.  St.  1911,  509  §  2.  (See  1903,  237;  1906,  117  §  1;  1911, 
509  §§  7,  8.) 

Sect.  9.     See  St.  1906,  433. 

Sect.  10  affected.     St.  1909,  402,  542. 

Sect.  12.     See  St.  1906,  433. 

Sect.  17  revised.     St.  1911,  509  §  3. 

Sect.  19.     See  St.  1911,  364,  371. 

Sect.  20  revised.     St.  1911,  509  §  4. 

Sect.  23  revised.     St.  1911,  509  §  5. 

Sect.  24.     See  St.  1906,  433  §§  8,  9. 

Sect.  27  amended.     St.  1908,  233. 

Sect.  28  revised.     St.  1911,  509  §  6. 

Chapter  123.  —  Of  Proprietors  of  Wharves,  Real  Estate  Lying  in  Common, 
General  Fields,  and  Aqueduct  Corporations. 

Sect.  42  repealed  so  far  as  relates  to  transfer  of  stock.     St.  1903,  423  §  2. 

Chapter  124.  —  Of  Agricultural  and  Horticultural  Societies. 

Sect.  1  amended.     St.  1909,  133.     Affected.     St.  1909,  428. 
Sect.  2  et  seq.     Act  to  encourage  and  improve  the  breeding  of  poultry. 
St.  1909,  428. 

Sect.  6  amended.     St.  1907,  189. 


1384  ChAXGES   IX   the  [Chaps.  125-128. 


Chapter  125.  —  Of  Corporations  for  Charitable  and  Other  Purposes. 

Act  relative  to  change  of  name.     St.  1908,  1G3. 

Act  to  authorize  incorporation  of  medical  milk  commissions.  St.  1911, 
506. 

Sect.  2.  Charter  may  be  revoked  in  certain  cases.  St.  1902,  524; 
1907,  336,  337  §  3.     (See  1909,  428.) 

Sect.  4.  Act  to  regulate  changes  in  location  of  certain  corporations. 
St.  1907,  337.     (See  1906,  291  §  10.) 

Sect.  5  amended.     St.  1910,  181. 

Sect.  13.     See  St.  1902,  430;  1903,  275. 

Sects.  17,  18  in  part  repealed.  St.  1906,  463  I  §§  46,  47,  68.  (See 
1909,  514  §  135;  1911,  751  II  §  12,  V  §  4.) 

Sect.  19  repealed.     St.  1906,  463  I  §§  48,  68.     (See  1909,  514  §  135.) 

Sect.  20.  Trustees  shall  make  annual  reports.  St.  1904,  248.  (See 
1905,211;  1906,275.) 

Sect.  22.     See  St.  1905,  216;  1906,  275. 

Chapter  126.  —  Of  Foreign  Corporations. 

This  chapter,  except  section  8,  is  repealed  so  far  as  it  applies  to  cor- 
porations subject  to  St.  1903,  437.  St.  1903,  437  §§  56-70,  95;  1905,  233, 
242;  1906,  346  §  2,  347.  (See  1902,  349,  463;  1904,  207,  261,  442;  1905, 
156,  222;  1906,  271,  372.) 

Foreign  banking  associations  or  corporations.  St.  1906,  66,  204  §  3, 
347.    (See  1902,  463.) 

Sect.  4.     See  St.  1905,  242;  1906,  269. 

Sect.  6.     See  St.  1903,  437  §  66;  1905,  233. 

Sect.  9.     See  St.  1906,  269. 

Chapter  127.  —  Of  the  Alienation  of  Land. 

Sect.  1  affected.     St.  1910,  376. 

Sects.  1-6.  Signature  of  married  woman  under  twenty-one  to  convey- 
ance of  husband's  land  has  same  validity  as  if  she  were  over  that  age.  St. 
1902,  478. 

Final  decree  in  equity  for  conveyance  of  real  estate  to  have  force  and 
effect  of  a  deed  in  certain  cases.     St.  1910,  376. 

Sect.  5.     See  St.  1907,  225. 

Sect.  7.     See  St.  1910,  376. 

Sect.  8  amended.    "Special  commissioners"  added.     St.  1902,  289. 

Sects.  12-10.     See  1907,  294. 

Sect.  34  revised.     St.  1908,  149.    (See  1907,  294;    1909,  160,  198.) 

Chapter  128.  —  Of  the  Registration  and  Confirmation  of  Titles  to  Land. 

Name  of  court  changed  to  "Land  Court,"  jurisdiction  enlarged  and 
proceedings  regulated.     St.  1904,  448;   1905,  249,  288;   1900,  50,  344.     (See 

1905,  195,   286,   291,   29().)     Court  may   (leterniine  questions   relating   to 
written  instruments  purporting  to  authorize  transfer  of  real  estate.     St. 

1906,  344. 


Chaps.  129-132.]  KeVISED   LawS.  1385 

Act  to  permit  transfer  of  actions  to  and  from  the  Superior  Court.  St. 
1911,433. 

An  act  relative  to  the  execution  of  certain  decrees  in  equity.     St.  1910, 376. 

Sect.  1  amended.  St.  1904,  448  §  10;  1905,  249  §  1;  1910,  560  §  3. 
(See  1911,  433.) 

Sect.  7.     See  St.  1907,  225  §  3. 

Sect.  10.     See  St.  1908,  195,  469. 

Sect.  12.  Salaries  changed.  St.  1904,  386;  1906,  416.  Provision  for 
retirement  of  judges  on  a  pension.     St.  1908,  179. 

Sect.  13  revised.  St.  1910,  560  §  1.  (See  1902,  458;  1904,  448  §§  3, 
8;  1905,  249,  288,  291;  1907,  225  §  3.) 

Sects.  13-17.     See  St.  1904,  448  §  3;  1905,  249,  288,  291. 

Sect.  14.     See  St.  1910,  376. 

Sect.  18  amended.  St.  1905,  249  §  2.  Affected.  St.  1906,  50  §  3. 
(See  1905,  296  §  2.) 

Sect.  28.  See  St.  1907,  225  §  3. 

Sect.  29.  See  St.  1904,  448  §  6. 

Sect.  31.  See  St.  1907,  204. 

Sect.  32  amended.  St.  1906,  452  §  1. 

Sects.  34,  36,  37,  40.  See  St.  1910,  376. 

Sect.  35.  Act  relative  to  compensation  of  masters.  St.  1905,  195. 

Sect.  36  amended.  St.  1910,  245. 

Sect.  37  amended.  St.  1910,  560  §  4. 

Sect.  38  amended.  St.  1911,  9. 

Sect.  40.  See  St.  1904,  448  §  4. 

Sect.  55.  See  St.  1907,  225  §  3. 

Sect.  59.  See  St.  1907,  351;  1909,  160. 

Sect  61   See  St.  1907  294. 

Sect!  62  amended.  St.'  1905,  296  §  1.  Limited.  St.  1905,  296  §  2. 

Sect.  89.  See  St.  1904,  317,  443. 

Sect.  109.     See  St.  1905,  249  §  3. 

Chapter  129.  —  Of  Estates  for  Years  and  at  Will. 

As  to  payment  of  legacv  tax  on  estates  where  there  is  an  intervening 
estate  for  life  or  a  term  of' years,  see  St.  1902,  473;  1904,  421;  1907,  563 
§§  4-7;  1909,  490  IV  §§  5-7,  527  §§  2^. 

Chapter  131.  —  Of  Homesteads. 

Sect.  6.     See  St.  1906,  129. 

Chapter  132.  —  Of  the  Rights  of  a  Husband  in  the  Real  Property  of  His 
Deceased  Wife,  and  the  Rights  of  a  Wife  in  that  of  Her  Deceased  Hus- 
band. 

Act  relative  to  conveyances  and  will  of  a  husband  deserted  by  his  wife, 
or  living  apart  from  her  for  justifiable  cause.     St.  1906,  129. 

Sect.  1.  St.  1894,  170,  is  declared  to  be  in  full  force  in  respect  of  claims 
to  which  surviving  husband  or  wife  was  entitled  on  or  before  December  31, 
1901,  under  Public  Statutes,  ch.  124  §§  1,  3.     St.  1902,  482. 


1386  Changes  in  the  [Chaps.  134-139. 

Sects.  4,  5.  Signature  of  married  woman  under  twenty-one  is  valid. 
St.  1902,  478. 

Sect.  9  amended.     St.  1904,  306. 

Chapter  134.  —  General  Provisions  relative  to  Real  Property. 

As  to  payment  of  legacy  tax  on  estates  where  there  is  an  intervening 
estate  for  life  or  years,  see  St.  1902,  473;  1904,  421;  1907,  563  §§  4-7; 
1909,  490  IV  §§  5-7,  527  §§  2-4. 

Sect.  14.     See  St.  1910,  376. 

Sect.  18.     See  St.  1907,  351;  1909,  160. 

Chapter  135.  —  Of  Wills. 

Sect.  5  amended.     St.  1911,  246. 

Sect.  7.     See  St.  1911,  246. 

Sect.  12  amended.     St.  1902,  160. 

Sect.  16.  If  the  probate  court  decrees  that  husband  has  been  deserted 
by  wife,  or  has  left  her  for  justifiable  cause,  wife  may  not  waive  provisions 
of  his  will.     St.  1906,  129  §  1. 

Sects.  22-24.     See  St.  1909,  198. 

Chapter  136.  —  Of  the  Probate  of  Wills  and  the  Appointment  of  Executors. 

Sect.  1  amended.     St.  1905,  90. 
Sect.  4  amended.     St.  1907,  130. 
Sect.  6  amended.     St.  1911,  588. 

Chapter  137.  —  Of  the  Appointment  of  Administrators. 

Sects.  1,  2.     See  St.  1909,  490  IV  §  22;  1911,  551. 
Sects.  10,  11.     See  St.  1910,  411. 
Sect.  13  amended.     St.  1908,  153. 

Chapter  138.  —  Of  Public  Administrators. 

Sect.  1  amended.     Number  limited.     St.  1908,  510,  621. 

Sect.  2  amended.     St.  1907,  284.    (See  1910,  411.) 

Sects.  3-5.     See  St.  1909,  114. 

Sect.  10.     See  St.  1910,411. 

Sects.  10,  11.  Public  administrators  may  be  authorized  by  probate 
courts  to  have  charge  of  and  to  lease  or  sell  real  estate.  St.  1903,  260 
§§  1,  2;  1905,  124  §  1.  Sales  made  under  St.  1903,  260  §  1,  ratified.  St. 
1905,  124  §  2. 

Chapter  139.  —  General  Provisions  relative  to  Executors  and  Administrators. 

Act  relative  to  the  settlement  of  estates  of  deceased  persons.  St.  1910, 
411. 

Sects.  2,  3.     See  St.  1907,  549. 

Sect.  5.     See  St.  1907,  563  §§  8,  9,  23;  1909,  527  §§  5,  9. 

Sect.  0.    See  St.  1909,  198. 


Chaps.   140-Uo.]  ReVISED   LawS.  1387 


Chapter  140,  —  Of  Allowances  to  Widows  and  Children,  the  Distribution  of 
the  Estates  of  Intestates  and  of  Advancements. 

Sect.  3.     CI.  3  amended.     St.  1905,  256. 

Chapter  141.  —  Of  the  Payment  of  Debts,  Legacies  and  Distributive  Shares. 

Act  relative  to  suits  against  executors,  administrators,  trustees  and 
guardians.     St.  1911,  147. 

Act  to  provide  for  the  taxation  of  legacies  and  successions.     St.  1907,  563. 

Attachment  of  property  of  a  deceased  person  restricted.     St.  1907,  553. 

Sect.  2  amended.     St.  1904,  165. 

Sect.  6  amended.     St.  1908,  313. 

Sect.  9  d  5cg.  Affected.  St.  1911,  147.  Time  Hmited  within  which 
real  estate  may  be  taken  or  sold  for  payment  of  debts.     St.  1907,  549. 

Sect.  13.     See  St.  1907,  563  §  4;  1909,  490  IV  §  4,  527  §  2. 

Sects.  26,  27.     See  St.  1911,  147. 

Chapter  142.  —  Of  Insolvent  Estates  of  Deceased  Persons. 

Sect.  1  amended.  St.  1909,  297. 
Sect.  2  amended.  St.  1907,  257. 
Sect.  3  amended.     St.  1911,  177. 

Chapter  143.  —  Of  the  Settlement  of  the  Estates  of  Deceased  Non-residents. 

Sect.  2  amended  by  act  to  facilitate  settlements.  St.  1904,  360.  (See 
1910,  411.) 

Chapter  144.  —  Of  the  Settlement  of  Estates  of  Absentees. 

Act  relative  to  the  settlement  of  trust  estates,  the  final  disposition  of 
which  depends  upon  the  death  of  a  beneficiary  who  has  disappeared  or 
absconded  and  not  been  heard  of  for  fourteen  years.     St.  1905,  326. 

Sect.  1  revised.     St.  1903,  241  §  1;  1906,  224  §  1.    (See  1902,  544  §  14.) 

Sects.  3-5,  7,  8.     See  St.  1902,  544  §§  15-19;  1903,  241  §  3. 

Sect.  4  amended.     St.  1904,  206  §  1. 

Sects.  7-9.     See  St.  1909,  115. 

Sect.  9  amended.     St.  1906,  175  §  1. 

Sect.  11  revised.     St.  1903,  241  §  2. 

Sect.  12.     See  St.  1902,  544  §  20;  1904,  206  §  2. 

Chapter  145.  —  Of  Guardianship. 

Sect.  4  amended.  Parents  or  surviving  parent  to  have  custody  of  minor, 
if  competent.     St.  1902,  474;    1904,  163.     (See  1902,  324;    1908,  286.) 

Sect.  6.  Repeal  and  substitute.  St.  1909,  504  §§  99,  101,  107;  1911, 
206.    (See  1907,  169  §  1.) 

Sect.  7  amended.     St.  1907,  169  §  2. 

Sect.  10.     See  St.  1908,  75. 

Sect.  20.     Repeal  and  substitute.     St.  1909,  504  §§  104,  107. 


1388  Changes  in  the  [Chaps.  146-149. 

Sect.  23  amended.     St.  1906,  452  §  2. 

Sect.  25  et  scq.     See  St.  1911,  147. 

Sect.  28.     See  St.  1906,  501;  1909,  174. 

Sect.  30  et  seq.    See  St.  1908,  75. 

Sect.  40  amended.  St.  1903,  96  §  1;  1905,  127  §  1;  1907,  109  §  3; 
1911,206.  A  trust  company  may  be  appointed.  St.  1908,  116,  505.  (See 
1909,  256.) 

Sect.  41  amended.     St.  1910,  95. 

Chapter  146.  —  Of  Sales,  Mortgages  and  Leases  of  Real  Property  by  Execu- 
tors, Administrators  and  Guardians. 

Sect.  1  ct  seq.  Time  limited  within  which  real  estate  may  be  sold  for 
payment  of  debts.     St.  1907,  549.     See  St.  1909,  198. 

Sect.  13.     Repeal  and  substitute.     St.  1909,  504  §§  102,  107. 
Sect.  18  amended.     St.  1904,  217  §  1;  1906,  73  §  1;  1907,  236  §  1. 
Sect.  25  amended.     St.  1907,  219  §  1. 
Sect.  26.    See  St.  1909,  160. 

Chapter  147.  —  Of  Trusts. 

Act  relative  to  suits  against  trustees.     St.  1911,  147. 
Act  relative  to  trustees  of  voluntary  associations  under  written  instru- 
ments.    St.  1909,  441. 

Sect.  15  amended.     St.  1907,  262. 

Chapter  148.  —  Provisions  relative  to  Sales,  Mortgages,  etc.,  by    Execu- 
tors, etc. 

Public  administrators  may  be  licensed  to  lease  or  sell  real  estate.  St. 
1903,  260. 

Time  limited  within  which  real  estate  may  be  sold  for  pajTnent  of  debts. 
St.  1907,  549. 

Sect.  3.     See  St.  1907,  563  §§  16,  17;  1909,  490  IV  §§  16,  17. 

Sect.  11.     See  St.  1911,  147. 

Sect.  14  revised.     St.  1907,  447. 

Sects.  14-18.     Probate  court  to  have  jurisdiction.     St.  1903,  222  §  1. 

Sect.  15.  Certain  proceedings  of  probate  courts  are  confirmed.  St. 
1902,  538. 

Sects.  15,  16.    See  St.  1911,  588. 

Chapter  149.  —  Of  Bonds  of  Executors,   Administrators,   Guardians  and 

Trustees. 

Provisions  of  this  chapter  extended  to  trustees  holding  property  for 
public  charitable  purposes.     St.  1908,  295. 

Sect.  1.     See  St.  1909,  256.     CI.  4;  see  St.  1905,  326;  1906,  224. 

Sect.  6.     See  St.  1908,  295. 

Sect.  9.  Limited.  St.  1907,  570  §  61. 

Sect.  20  ct  scq.    See  St.  1911,  147. 


Chaps.  150-153.]  REVISED  LawS.  1389 


Chapter  150.  —  Of  the  Accounts  and  Settlements  of  Executors,  Administra- 
tors, Guardians,  Trustees  and  Receivers. 

Act  to  regulate  disbursements  by  trustees.  St.  1907,  371.  (See  1907, 
563  §§  8,  9.) 

Act  relative  to  suits  against  executors,  administrators,  trustees  and 
guardians.     St.  1911,  147. 

Trusts  for  benefit  of  a  city  or  town  to  be  audited  by  city  or  town  auditor. 
St.  1904,  322. 

Act  relative  to  the  settlement  of  trust  estates  the  final  disposition  of 
which  depends  upon  the  death  of  a  beneficiary  who  has  disappeared  or 
absconded  and  not  been  heard  of  for  fourteen  years.     St.  1905,  326. 

Sect.  2.     See  St.  1909,  490  IV  §  23;  1910,  481. 

Sects.  4,  5.     See  St.  1910,  411. 

Sect.  8.     See  St.  1907,  294. 

Sect.  17  amended.     St.  1907,  438. 

Sect.  20.     See  St.  1909,  490  IV  §  23;  1910,  481;  1911,  191. 

Sect.  23.     See  St.  1910,  370. 

Sect.  25  amended.     St.  1906,  127  §  1. 

Chapter  151.  —  Of  Marriage. 

Sect.  11.     See  St.  1902,  324;  1907,  390. 
Sect.  14  revised.     St.  1902,  310. 

Sect.  16  amended.     St.  1911,  736  §  1.    (See  1911,  736  §  6.) 
Sect.  18.     See  St.  1911,  136. 

Sect.  20  amended.     St.  1907,  159.     (See  1911,  736  §  4.) 
Sect.  23  amended.     St.  1911,  736  §  2.     (See  1911,  736  §  4.) 
Sect.  25  amended.     St.  1911,  736  §  3. 

Sect.  40.  Advertising  to  perform  or  procure  performance  of  marriage 
ceremony  is  made  punishable.     St.  1902,  249. 

Chapter  152.  —  Of  Divorce. 

Provision  for  investigation  in  suits  for  divorce  or  nullification.  St.  1907, 
390. 

Sects.  7-8  affected.     St.  1911,  121. 

Sect.  13  amended.     St.  1902,  544  §  21. 

Sect.  15  amended.     St.  1911,  85 

Sect.  24.     See  St.  1906,  129. 

Sect.  25.  Court  having  jurisdiction  may  bring  before  it  on  habeas  cor- 
pus anv  child  whose  care  or  custody  is  in  question.  St.  1902,  324.  (See 
1902,  474.) 

Sect.  39.     See  St.  1909,  49. 

Sect.  41  amended.     St.  1911,  127. 

Chapter  153.  —  Of  Certain  Rights  and  Liabilities  of  Husband  and  Wife. 

Act  relative  to  conveyances  and  will  of  a  husband  deserted  by  his  wife 
or  living  apart  from  her  for  justifiable  cause.     St.  1906,  129. 
Sect.  7  amended.     St.  1910,  576. 


1390  ChAN^GES   in   the  [Chaps.   154-157. 

Sect.  10.    See  St.  1910,  576. 
Sects.  15,  16.     See  St.  1902,  478;  1908,  75. 
Sect.  31  ct  seq.     See  St.  1906,  501. 

Sect.  33.     See  St.  1902,  324;    1903,  334;    1905,  307;    1906,  129,  501; 
1909,  180;  1911,456. 
Sect.  37.     See  St.  1906,  501;  1909,  180. 

Chapter  154.  —  Of  the  Adoption  of  Children  and  Change  of  Name. 

Sect.  2  amended.     St.  1902,  544  §  22;  1904,  302. 
Sect.  3  amended.     St.  1907,  405. 

Chapter  156.  —  Of  the  Supreme  Judicial  Court. 

Sect.  5  amended.  Provision  for  jurisdiction  of  actions  of  contract  and 
replevin  stricken  out.  St.  1905,  263  §  1.  (See  1906,  306  §  2,  372,  377, 
433  §  7.)  For  removal  of  pending  actions  of  contract  or  replevin.  St. 
1909,  33. 

Sect.  7.  Act  relative  to  exceptions  in  civil  actions  before  a  jury.  St. 
1908,  177. 

Sects.  15,  16.  Plymouth  law  questions  to  be  heard  in  Suffolk.  St. 
1903,  54  §§  1,  2. 

Sect.  26  amended.     St.  1911,  743  §  1. 

Chapter  157.  —  Of  the  Superior  Court. 

Act  to  permit  transfer  of  actions  to  and  from  the  Land  Court.  St.  1911, 
433. 

Sect.  1.  Number  of  associate  justices  increased.  St.  1907,  286;  1911, 
567.    (See  1902,  383;  1903,  472  §  2.) 

Sect.  2  amended.     St.  1910,  555  §  1.     (See  1908,  465.) 

Sect.  3.  Jurisdiction  in  writs  of  entry,  petitions  to  try  title  to  real 
estate,  to  determine  validity  of  encumbrances  on  real  estate,  to  discharge 
mortgages  and  to  determine  boundaries  of  flats,  transferred  to  the  land 
court.  St.  1904,  448  §  1;  1906,  50.  (See  1903,  383  §  4;  1905,  195,  249, 
288,291;  1906,344;  1909,  394  §  2.)  Provision  for  issue  of /ra6ecw  cor^w5 
in  disputes  as  to  care  or  custody  of  child.     St.  1902,  324. 

Sect.  4.  See  St.  1905,  263  §  1;  1906,  433  §  7,  434  §  2;  1908,  380;  1909, 
33,  394  §  2,  433  §  4;  1911,  176  §  1,  461. 

Sect.  5  repealed.     St.  1910,  555  §  3. 

Sect.  6.     See  St.  1905,  288. 

Sect.  8  repealed.     St.  1910,  555  §  3. 

Sects.  9,  10.     See  St.  1911,  432  §  1. 

Sect.  16.     See  St.  1911,  432  §  2. 

Sect.  21.     Act  relative  to  exceptions  in  certain  cases.     St.   1908,   177. 

Sects.  21,  34,  35.  Provision  for  expense  of  printing  and  transportation 
of  papers,  etc.     St.  1907,  80. 

Sect.  24.  Sessions  changed:  Barnstable,  St.  1902,  456  §  2.  Berkshire, 
1904,38.  Essex,  1911,  430.  Hampden,  1904,  144;  1907,  26.  Hampshire, 
1911,  254,  483.  (See  1911,  68.)  Middlesex,  1903,  97  §  1;  1909,  197. 
Plymouth,  1903,  54  §§  3-5.     SulYolk,  1902,  456  §  1;    1903,  472  §  1. 


Chaps.  158-160.]  ReVISP:D   LawS.  1391 

Sect.  27  amended.     St.  1909,  193. 
Sect.  28.     See  St.  1907,  176;  1909,  504  §  51. 
Sect.  30  et  seq.     See  St.  1908,  465  §  1. 

Sect.  35  amended.  St.  1911,  743  §  2.  Provision  for  pensions.  St. 
1911,  527. 

Chapter  158.  —  Provisions  Common  to  the  Supreme  Judicial  Court  and 

the  Superior  Court. 

Sect.  4.     See  St.  1907,  204;  1910,  473;  1911,  136. 
Sect.  9  amended.     St.  1910,  555  §  2. 
Sect.  10  amended.     St.  1908,  179;  1910,  540  §  1. 
Sect.  11  amended.     St.  1910,  540  §  2. 

Chapter  159.  —  Of  the  Equity  Jurisdiction  and  Procedure  of  the   Supreme 
Judicial  Court  and  the  Superior  Court. 

Act  relative  to  the  execution  of  certain  decrees  in  equity.  St.  1910,  376. 
(See  1911,  339.) 

Act  to  permit  transfer  of  actions  between  the  Superior  and  Land  Courts. 
St.  1911,  433. 

Sects.  1-3.  See  St.  1903,  383  §  4;  1905,  315;  1906,  306  §  2,  372,  377 
§  2;  1908,  380;  1909,  177,  433  §  4;  1910,  98. 

Sect.  3  amended.     St.  1902,  544  §  23;  1910,  531  §  2. 

Sect.  8  amended.     St.  1909,  183. 

Sects.  8-10.     See  St.  1909,  116. 

Sect.  11.     Separate  equity  docket  in  Essex.     St.  1905.  107. 

Sect.  19  amended.     St.  1911,  284  §  1.    (See  1910,  376;  1911,  339.) 

Sect.  21.     See  St.  1911,  339. 

Sect.  30  amended.     St.  1911,  284  §  2.    (See  1911,  339.) 

Sect.  32.     See  St.  1911,  339. 

Sect.  34  amended.     St.  1911,  284  §  3. 

Chapter  160.  —  Of  Police,  District  and  Municipal  Courts. 

Act  to  provide  for  retirement  of  justices.     St.  1911,  682. 

Sect.  1.  Jurisdiction  extended :  Fitchburg,  St.  1904,  259.  Lowell,  1904, 
264.  Lvnn,  1911,  414  §  1.  (See  1906,  489  §  4;  1907,  411;  1909,  117.) 
Limited.     St.  1910,  258. 

Sect.  2.  New  courts  established:  Boston  juvenile,  St.  1906,  489;  1907, 
137,  411.  (See  1907,  158,  195;  1908,  458;  1909,  181.)  Fourth  Bristol, 
1903,  214.  Southern  Essex,  St.  1911,  414  §  1,  473.  Third  Essex,  1906, 
299  §  1.  Eastern  Hampshire,  1903,  412.  Leominster,  1910,  207.  Win- 
chendon,  1904,  372  §  1.  (See  1906,  240.)  Western  Worcester,  1902,  416 
§§  1,  2.  Districts  changed:  Eastern  Hampden,  St.  1907,  110.  Lynn, 
1909,  117.  First  and  fourth  eastern  Middlesex.  St.  1909,  93.  Newbury- 
port,  1902,  455.  Central  Worcester,  1902,  186.  First  and  second  eastern 
Worcester,  1902,  161.     First  northern  Worcester,  1907,  98. 

Sect.  6  amended.     St.  1909,  219;  1911,  473  §  1. 

Sects.  6,  10,  13.  Act  to  authorize  destruction  or  storage  of  certain  old 
papers.     St.  1910,  287. 


1392  Changes  in  the  [Chap.  leo. 

Sects.  9-12.  Clerk  for  second  Essex,  St.  1906,  240.  Central  Middle- 
sex, 1905,  133.  Williamstown,  1906,  351.  Winchendon,  1906,  248.  East- 
ern Worcester,  1905,  192.     Second  southern  Worcester,  1906,   194. 

Sect.  11  amended.  Assistant  may  be  a  woman.  St.  1908,  289.  See 
St.  1909,  357. 

Sects.  12,  13.     Provision  for  assistant  clerks  pro  tempore.     St,  1906,  256. 

Sect.  15.     See  St.  1908,  195,  469. 

Sect.  24  ct  seq.  See  St.  1903,  209,  334  §§  1-3;  1904,  282  §  3;  1906, 
105  §  0,  282,  489  §  4;   1908,  335  §  3;   1909,  181;    1911,  175,  176  §  1,  461. 

Sect.  25.     See  St.  190G,  413,  489;  1907,  137;  1908,  286. 

Sect.  28  revised.     St.  1909,  442. 

Sect.  33.     See  St.  1911,  432  §  1. 

Sect.  39  et  seq.  Sessions:  Winchendon,  St.  1904,  372  §§  3,  4.  West- 
ern Worcester,  1902,  416  §  4.     (See  1904,  218.) 

Sect.  44  amended,     St.  1906.  166. 

Sect.  48.     See  St.  1904,  453  §  5;  1910,  370. 

Sect.  55.     Provision  for  pensions.     St.  1911,  231. 

Sect.  56  revised.     St.  1907,  179. 

Sect.  58.  Additional  assistants.  St.  1906,  468;  1908,  418.  Clerical 
assistance.     St.  1908,  440;  1909,  434. 

Sect.  59.  Jurisdiction  in  certain  juvenile  cases  transferred  to  the  Boston 
juvenile  court.  St.  1906,  489  §  4.  (See  1906,  499  §  5;  1907,  137,  411; 
1908,  286;  1911,  175.) 

Sect.  61.    See  St.  1909,  271;  1910,  370,  373. 

Sect.  62.  Additional  officers.  St.  1905,  295;  1906,  192,  329;  1907, 
223,261;  1908,  190,  191. 

Sect.  64  amended.  St.  1909,  386.  Officers  attending  sessions  to  wear 
uniforms.  St.  1902,  368;  1906,  355  §  2.  Messenger  for  municipal  court 
of  Boston.     St.  1906,  192. 

Sect.  65.     See  St.  1908,  195,  469. 

Sect.  66  amended.     St.  1908,  191. 

Sect.  67  in  part  repealed.     Salaries  classified  and  established.     St.  1904, 

453  §§  1,  4;  1905,339;  1909,357;  1910,501;  1911,  414  §  2.  (See  1902, 
299,  320,  356,  360,  378,  416  §3;  1903,  214  §  2,  412  §  2;  1904,  372  §  2;  1905, 
133, 192;  1908,  637;  1911,  682.)  Boston  juvenile,  St.  1906,  489  §  2.  Charles- 
town,  court  officers.     St.   1909,  367.     Chelsea,   1906,  325.     East  Boston, 

1907,  333.  Second  Essex,  1906,  240.  Third  Essex,  1900,  299  §  2.  Frank- 
lin, eastern  Franklin  and  eastern  Hampshire,  1907,  128.  (See  1904,  453 
§  2.)  Lawrence,  1908,  323.  Lee,  1905,  443.  Lowell,  1905,  165.  L>Tm, 
1911,  414  §  2.  South  Boston,  1907,  324.  Williamstown,  1906,  351.  Win- 
chendon, 1904,  372  §  2;    1906,  248  §  1.     Municipal  court  of  Boston,  1904, 

454  §  1;  1905,  452;  1906,  192  §  1,  355,  449  §  1,  450,  468;  1908,  418;  1911, 
231.  (See  1902,  368.)  Allowance  for  clerical  assistance:  First  Barnstable, 
St.  1904,  331.  Second  Barnstable,  1900,  228.  Brighton,  1909,  364.  Second 
Bristol,  copvist,  1908,  351.     Brockton,  1906,  289.     Boston,  1906,  449  §  2; 

1908,  440.  "^  Boston  juvenile,  1908,  458.  Brooklinc.  1909,  305.  Chelsea, 
1904,  258.  East  Boston,  1911,  454.  (See  1907,  323.)  First  Essex,  1906, 
196.     Eastern  Essex,  1910,  253.     Hampshire,  1910,  224.     Lynn,  1909,  368. 


Chaps.  161-161.]  REVISED  LawS.  1o93 

First  eastern  Middlesex,  1910,  279.  Second  eastern  Middlesex,  1900,  195; 
1908,  348.  Third  eastern  Middlesex,  1909,  300.  Newton,  1909,  217.  Rox- 
bury,  1908,  475.  West  Roxbury,  1908,  395;  1911,  259.  Virst  northern 
Worcester,  1900,  197. 

Sect.  08  repealed.  St.  1904,  453  §  4.  Provision  for  travelling  expenses. 
St.  1904,  453  §  3. 

Sect.  09.  Compensation  of  special  justices:  Dukes  county.  St.  1902, 
309.    (See  1909,  504  §§  29,  48.) 

Sect.  70.  Compensation  of  assistant  clerks  pro  tempore.  St.  1900, 
250  §  1. 

Sect.  71.    See  St.  1907,  204. 

Chapter  161.  —  Of  Justices  of  the  Peace  and  Trial  Justices. 

Sect.  8.     See  St.  1908,  195,  409. 

Sect.  14  amended.     Error  corrected.     St.  1902,  544  §  24. 

Sect.  30  et  seq.    See  St.  1903,  209  §  1;  1910,  310. 

Chapter  162.  —  Of  Probate  Courts. 

Sect.  3.  Jurisdiction  extended.  St.  1902,  371;  1903,  222,  248,  200; 
1900,  129,  309;  1908,  75;  1910,  100,  411. 

Sect.  4.  Court  may  proceed  by  habeas  corpus  to  determine  question  of 
care  and  custody  of  children  in  certain  cases.     St.  1902,  324. 

Sect.  5.  Certain  proceedings  of  the  probate  courts  confirmed.  St. 
1902,  538. 

Sect.  19  amended.     St.  1907,  200. 

Sect.  38  amended.     St.  1907,  129. 

Sect.  47  amended.     St.  1905,  229. 

Sect.  50.    See  St.  1911,  130. 

Sect.  00.  Changes  in  sessions:  Essex,  St.  1908,  218.  Hampden,  1905, 
79;  1910,  202.     Middlesex,  1907,  273.     Worcester,  1908,  227. 

Chapter  163.  —  Of  Courts  of  Insolvency. 

Sect.  2  amended.     Error  corrected.     St.  1902,  544  §  25. 
Sect.  113.     See  St.  1910,  559  §  3. 
Sect.  118.     See  St.  1908,  151. 

Sects.  122,  123.  Certain  deposits  may  be  paid  to  the  State  treasurer. 
St.  1908,  108. 

Sect.  130.     See  St.  1911,  339. 

Sect.  130.     Sale  of  merchandise  in  bulk  is  restricted.     St.  1903,  415. 

Chapter  164.  —  Of  Judges  and  Registers  of  Probate  and  Insolvency. 

Act  to  provide  for  retirement  of  judges.  St.  1910,  540.  (See  1900,  474.) 
Act  to  establish  minimum  salaries  of  judges  and  registers.  St.  1911,  008. 
Sects.  1,  2.     Two  judges  in  Worcester.     St.  1907,  442  §§  1,  2.     And 

Essex.     St.  1908,  541  §  1.     Special  judges  in  Berkshire  and  Hampden.     St. 

1908,  110  §  1.     And  Franklin  and  Hampshire.     St.  1909,  100.    (See  1908, 

110  §2.) 


1394  Changes  in  the  [Cuap.  i65. 

Sect.  5  amended.  St.  1904,  401  §  1;  1905,  92  §  1. 

Sect.  7  uinended.  St.  1904,  401  §  2;  1906,  59  §  1.  (See  1908,  110  §  2.) 

Sect.  11.  See  St.  1908,  195,  469. 

Sect.  12  d  scq.     See  St.  1907,  503  §  14;  1908,  268;  1909,  271. 

Sect.  15.  See  St.  1907,  225. 

Sect.  16.     See  St.  1909,  271;  1910,  373. 

Sect.  17  amended.  St.  1904,  286  §  1;  1905,  323;  1907,  207  §  1,  442 
§3;  1908,231;  1909,248,494;  1910,266.  Assistants  may  be  women  in 
certain  counties.  St.  1904,  286  §  1;  1907,  207  §  1,  442  §  3;  1908,  231; 
1909,  248. 

Sect.  20.     See  St.  1905,  323  §  1;  1908,  231  §  1. 

Sect.  27  in  part  repealed.  Salaries  classified  and  established.  St.  1904, 
455  §§  1,  3;  1907,  207  §  1,  442  §§  4,  5;  1908,  541  §  3;  1911,  668.  (See  1906, 
59;  1908,  110  §  2.)  Amendments:  Bristol,  1911,  452.  Suffolk,  1911,  445. 
Provision  for  future  readjustment  of  salaries.  St.  1904,  455  §  2.  (See  1911, 
668.)  For  retirement  on  pension.  St.  1906,  474;  1910,  540.  Assistant 
registers,  Berkshire,  St.  1906,  265  §§  1,  3.  (See  1904,  286  §  2.)  Essex, 
St.  1910,  266.  Middlesex,  1905,  323  §  1;  1909,  494;  1910,  503.  Norfolk, 
see  St.  1911,  710.  Suffolk,  1908,  231;  1909,  238.  Worcester,  1911,  73. 
(See  1909,  431.) 

Sect.  28  amended.  St.  1904,  286  §  3;  1908,  326,  328.  (See  1909,  271.) 
Limited.     St.  1907,  207  §  2.     In  part  repealed.     St.  1909,  331  §  2. 

Sect.  29.  Amount  increased:  Berkshire,  St.  1904,  286  §  3;  1908,  328. 
Bristol,  1902,  412;  1908,  327.  Essex,  1904,  281;  1908,  374.  Franklin, 
1909,  331  §  1.  Hampden,  1910,  335.  (See  1907,  206.)  Hampshire,  1908, 
326.  Middlesex,  1904,  387;  1909,  353.  Norfolk,  1905,  183.  Plymouth, 
1904,  219;  1908,  319.  Suffolk,  1908,  396.  (See  1909,  271.)  Worcester, 
1909,  384;  1910,  329. 

Sect.  32.     See  St.  1904,  401  §  2;  1905,  92  §  1;  1906,  59  §  1. 

Sect.  33  amended.  St.  1900,  149.  Allowance  for  uniform.  St.  1904, 
272. 

Sect.  34  revised.     St.  1911,  302. 

Sect.  35.     Pay  of  messenger  and  uniform.     St.  1906,  193. 

Chapter  165.  —  Of  Clerks,  Attorneys  and  Other  Officers  of  Judicial  Coxirts. 

Sect.  2.     See  St.  1909,  271;  1910,  370,  373,  376. 

Sects.  4-7.  Additional  assistant  clerks:  Essex,  St.  1907,  253.  Mid- 
dlesex, 1903,  137  §  1.  Plymouth,  1910,  188.  Suffolk  superior,  1903,  472 
§  3;  1906,  276.     Worcester,  1904,  287  §  1. 

Sect.  7.     Assistant  may  be  a  woman.     St.  1907,  234. 

Sect.  12.     See  St.  1908,  195,  469. 

Sect.  15  amended.     St.  1907,  145  §  1. 

Sect.  20  amended.     St.  1910,  94. 

Sect.  17  ct  scq.  Clerks  to  make  certain  annual  returns  to  secretary  of 
the  Commonwealth.     St.  1905,  321. 

Sect.  31  amended.     St.  1908,  253.    (See  1909,  271.) 

Sects.  31,  32.     See  St.  1910,  370. 

Sect.  33  amended.    St.  1909,  165. 


Chaps.  16t;,  167.]  REVISED   LaWS.  1395 

Sect.  34  superseded.  Salaries  classified  and  established.  St.  1904,  451 
§§  1,  2;  1911,  299.     (See  1902,  462.)    Changes.     St.  1905,  179. 

Provision  for  pension  for  certain  clerks  of  courts  and  others.  St.  1909, 
398;  1910,  459. 

Sect.  35  superseded.  Salaries  classified  and  established.  St.  1904,  451 
§§  1,  3;  1907,  145  §  2,  253;  1909,  232.  Hampden.  St.  1911,  174.  (See 
1902,  358,  499,  513;  1903,  137,  472  §  3.)  Middlesex.  St.  1911,  382. 
Suffolk  superior.  St.  1902,  499;  1905,  380;  1906,  276  §  1.  Bi-weekly 
payments.     St.  1908,  259. 

Sect.  38.  Provision  for  expense  of  printing,  and  transportation  of 
papers,  etc.,  of  the  superior  court.     St.  1907,  80. 

Sects.  40,  41  revised.  St.  1904,  355  §§  1,  2.  (See  1907,  443;  1909, 
49.) 

Act  relative  to  collection  agencies.     St.  1910,  656. 

Sect.  43  revised.     St.  1904,  355  §  3. 

Sect.  44  et  seq.    See  St.  1904,  458  §  5;  1907,  443. 

Sect.  48.     See  St.  1907,  490. 

Sect.  52  amended.  Eleven  in  Middlesex.  St.  1904,  348.  May  act  in 
any  county.     St.  1906,  187.     (See  1905,  110;    1906,  180;    1909,  235.) 

Sect.  60  amended.     St.  1911,  237. 

Sect.  63  amended.     St.  1908,  358  §  1. 

Sect.  67  superseded.     St.  1909,  230.     (See  1908,  358  §  2.) 

Sect.  69  in  part  superseded.  St.  1907,  133.  Officers  may  serve  venires 
and  processes  in  certain  cases.     St.  1907,  312. 

Sect.  72  et  seq.     Tenure  of  office.     St.  1906,  147. 

Sect.  73  amended.     St.  1911,  302;  322. 

Sects.  74,  77,  78.     See  St.  1911,  322. 

Sect.  76  amended.     St.  1906,  470  §  1 ;  1907,  459. 

Sect.  81  amended.     St.  1904,  145. 

Sect.  88.    See  St.  1908,  177. 

Chapter  166.  —  Of  Provisions  relative  to  Courts  and  of  Naturalization. 

Sect.  1.     See  St.  1911,  339. 

Sect.  5.     See  St.  1907,  204;  1910,  473;  1911,  136. 
Sect.  14.     See  St.  1911,  68. 
Sect.  18.     See  St.  1903,  442;  1906,  527. 

Sect.  21  (new  section)  added,  providing  for  evening  sessions.  St.  1905, 
340. 

Chapter  167.  —  Of  the  Commencement  of  Actions  and  the  Service  of  Process. 

Act  to  require  certain  non-residents  to  appoint  agents  upon  whom  service 
of  legal  process  may  be  made.     St.  1908,  528. 

Sect.  1.     See  St.  1911,  339. 

Sect.  2.     See  St.  1906,  201,  269;  1911,  70. 

Sect.  3.     See  St.  1909,  33. 

Sect.  6.     See  1904,  320;  1909,  514  §  145;  1910,  63  §  1. 

Sect.  15.    See  St.  1905,  266. 


1396  Changes  in  the  [Chaps.  168-170. 

Sect.  24.     See  St.  1907,  176,  204. 

Sect.  25  amended.     St.  1908,  338. 

Sect.  27.     See  St.  1906,  201. 

Sect.  28  amended  as  to  trustee  process.  St.  1906,  201.  (See  1906,  269; 
1907,  332;  1911,  70.) 

Sects.  30-33  affected.     St.  1909,  116. 

Sects.  34-37.     See  St.  1906,  269,  372;  1908,  528. 

Sect.  36.  Extended  to  certain  foreign  corporations.  St.  1907,  332. 
(See  1908,  528.) 

Sect.  38  ct  scq.  Attachment  of  property  of  deceased  persons  is  restricted. 
St.  1907,  553.     (See  1911,  751  II  §  21.) 

Sect.  39  in  part  repealed.     St.  1906,  463  I  §§  61,  68. 

Sect.  56  amended.     St.  1907,  546  §  2. 

Sect.  62  amended.     St.  1907,  370. 

Sects.  66-68  repealed.  St.  1910,  531  §  1.  (See  1910,  171  §  13;  214  §§ 
24  33.) 

Sect.  69.     See  St.  1907,  490. 
Sect.  80  amended.     St.  1907,  453. 
Sect.  110  amended.     St.  1909,  190.  . 

Sect.  Ill  et  scq.  Provisions  against  unauthorized  dissolutions.  St,  1907, 
334. 

Sects.  116,  117,  121-123.     See  St.  1905,  110;  1906,  187. 

Sect.  117  amended.     St.  1907,  393. 

Sect.  118  amended.     St.  1911,  150. 

Sects.  121,  122.     See  St.  1906,  187;  1907,  490  §  1;  1909,  237. 

Sect.  122  amended.     St.  1911,  150. 

Chapter  168.  —  Of  Arrest  on  Civil  Process. 

Sect.  1  amended.     St.  1910,  480.     (See  1901,  656.) 

Sects.  6,  7.     Act  to  aboljsh  demand  on  female  judgment  debtors.     St. 
1909,  119. 
Sects.  8,  9,  10  amended.     St.  1911,  192  §§  1,  2,  3.     (See  1911,  192  §  5.) 
Sects.  10,  13,  21,  26.     See  St.  1910,  316. 
Sect.  20  amended.     St.  1906,  203  §  1. 
Sect.  27  amended.     St.  1911,  192  §  4.    (See  1911,  192  §  5.) 
Sect.  33.     See  St.  1909,  490  II  §  29. 
Sect.  41  amended.     St.  1906,  203  §  2. 
Sect.  73  amended.     St.  1910,  84. 
Sect.  75  amended.     St.  1911,  150. 
Sect.  78.     See  St.  1910,  370. 

Chapter  169.  —  Of  Bail. 

Sect.  4  amended.     St.  1911,  150. 

Chapter  170.  —  Of  Proceedings  against  Absent  Defendants  and  upon  In- 
sufficient Service. 

Sect.  1.     See  St.  1906,  269,  372;  1907,  332;  1908,  528. 


Chaps.  171-175.]  REVISED   LawS.  1397 


Chapter  171.  —  Of  the  Survival  of  Actions  and  of  the  Death  and  Disabilities 

of  Parties. 

Sect.  2  amended.     St.  1907,  375;  1911,  31. 

Chapter  172.  —  Of  Actions  by  and  against  Executors  and  Administrators. 

Act  relative  to  suits  against  executors  and  administrators.     St.  1911,  147. 

Chapter  173.  —  Of  Pleading  and  Practice. 

Sect.  2  et  scq.     See  St.  1905,  266. 

Sect.  5.     See  St.  1911,  147. 

Sect.  24  amended.     St.  1907,  176. 

Sect.  37.     See  St.  1910,  370. 

Sect.  38  superseded.  St.  1909,  227.  (See  St.  1907,  582  §§  1,  18.) 

Sect.  39  et  seq.     See  St.  1909,  183. 

Sect.  48.  See  St.  1905,  266. 

Sect.  52  amended.     St.  1911,  275. 

Sect.  55  revised.     St.  1911,  305.    (See  1905,  271;  1910,  538.) 

Sect.  57  revised.     St.  1909,  225. 

Sect.  59  amended.     St.  1909,  206. 

Sect.  63  amended.     St.  1911,  593. 

Sect.  76  repealed.     St.  1906,  342  §  1. 

Sect.  79  amended.     St.  1911,  497. 

Sect.  81  amended.     St.  1904,  448  §  9;  1905,  286. 

Sect.  96  amended.     St.  1906,  342  §  2;  1910,  555  §  4. 

Sect.  97  amended.  St.  1906,  451;  1910,  534  §  1.  (See  1907,  176;  1911, 
175.) 

Sect.  98  amended.     St.  1910,  534  §  2. 

Sect.  99  amended.     St.  1910,  534  §  3. 

Sect.  105  amended.     St.  1910,  555  §  5. 

Sect.  106  amended.     St.  1906,  342  §  3;  1911,  212. 

Sects.  106-111.  Acts  relative  to  exceptions  in  certain  cases.  St.  1906, 
342  §  3;  1908,  177,  516.  Provision  for  expediting  final  determination  of 
causes  in  certain  cases  of  exceptions  to  refusal  of  court  of  request  to  order 
a  verdict  upon  all  the  evidence.     St.  1909,  236. 

Sects.  112,  113.     See  St.  1909,  236  §  3;  1911,  501. 

Sect.  116  amended.     St.  1907,  546  §  1. 

Sect.  123.    See  St.  1911,  147. 

Chapter  174.  —  Of  Set-Off  and  Tender. 

Sect.  3.     See  St.  1908,  590  §  49. 
Sect.  14.    See  St.  1904,  317. 

Chapter  175.  —  Of  Witnesses  and  Evidence. 

Sect.  8  amended.     St.  1907,  328.    (See  1906,  291  §  18.) 
Sect.  10  et  seq.     See  St.  1904,  343  §  2;  1908,  604  §  72. 
Sects.  27-30.     See  St.  1909,  237. 
Sect.  74.     See  St.  1905,  330  §  2;  1907,  225;  1908,  269. 


1398  Changes  in  the  [Chaps.  i76-i87. 


Chapter  176.  —  Of  Juries. 

Act  relative  to  juries  and  jury  service.     St.  1907,  348.    (See  1909,  504 
§79.) 
Sect.  3  amended.     St.  1904,  307  §  1 ;  190G,  257. 
Sect.  4  amended.     St.  1907,  348  §§  1^. 
Sect.  5  revised.     St.  1907,  348  §  5. 
Sect.  6  amended.     St.  1907,  348  §  6. 
Sect.  7  amended.     St.  1907,  348  §  7. 
Sect.  8  amended.     St.  1907,  348  §  8. 
Sect.  11.     See  St.  1907,  312. 
Sect.  36  et  scq.     Additional  penalties.     St.  1907,  348  §§  2,  3. 

Chapter  177.  —  Of  Judgment  and  Execution. 

Sect.  2.    See  St.  1907,  204. 

Sect.  8.     See  St.  1902,  521  §  1.    (17.) 

Sects.  46-51  repealed.     St.  1910,  531  §  1.     (See  1909,  490  II  §  24.) 

Chapter  179.  —  Of  the  Writ  of  Entry. 

Jurisdiction  of  writs  of  entry  transferred  to  the  land  court.     St.  1904, 
448  §  1. 

Sect.  7.     See  St.  1905,  266. 

Chapter  181.  —  Of  the  Summary  Process  for  the  Possession  of  Land. 

Sect.  4.     See  St.  1907,  490. 

Chapter  182.  —  Of  Proceedings  for  the  Settlement  of  Title  to  Land. 

Sects.  1-5,  11-14,  15.     Jurisdiction  transferred  to  the  land  court.     St. 
1904,  448  §  1;   1905,  249  §  4.    (See  1905,  288;    1906,  50,  344;    1909,  160.) 

Chapter  183.  —  Of  the  Determination  of  Boundaries  of  Flats. 

Sect.  1  amended.     St.  1906,  50  §  1. 
Sect.  2.     See  St.  1906,  50  §  2. 
Sect.  15.    See  St.  1907,  294. 

Chapter  184.  —  Of  the  Partition  of  Land. 

Sect.  33  amended.     Errors  corrected.     St.  1902,  544  §  26. 
Sect.  47  amended.     St.  1907,  361. 

Chapter  185.  —  Of  Waste  and  Trespass. 

Sect.  9.    See  St.  1911,  339. 

Chapter  187.  —  Of  the  Foreclosure  and  Redemption  of  Mortga-ges. 

Acts  relative  to  the  discharge  of  mortgages.     St.  1907,  294;    1908,  149; 
1909,  1()0,  198. 
Sect.  31.    Jurisdiction  extended.     St.  1910,  100. 


Chaps.  189-198.]  EeviSED   LawS.  1399 

Sect.  14  amended.  St.  1906,  219  §  1.  (See  1909,  198.) 
Sect.  15  amended.  St.  1906,  219  §  2.  (See  1909,  160.) 
Sect.  37.  See  St.  1907,  294. 

Chapter  189.  —  Of  the  Trustee  Process. 

Sect.  1  extended.  St.  1906,  269;  1911,  70. 

Sect.  6.  See  St.  1906,  201. 

Sect.  19.     See  St.  1905,  324;  1910,  214  §§  24,  33,  559  §  3. 

Sect.  27.     See  St.  1910,  559  §  3. 

Sect.  34  superseded,  1909,  514  §§  125,  145;  1910,  503;  1911,  727  §  22. 
(See  1905,  308;  1906,  390;  1908,  605  §§  7,  8;  1909,  278,  317;  1911,  751  II 
§  21.) 

Sect.  65.     See  St.  1905,  110;  1906,  187;  1909,  235;  1911,  150. 

Chapter  190.  —  Of  the  Replevin  of  Property. 
Sect.  17  amended.     St.  1911,  150. 

Chapter  191.  —  Of  Habeas  Corpus. 

Provision  for  issue  of  writ  of  habeas  corpus  in  cases  of  divorce,  nullity  of 
marriage,  separate  support  or  maintenance,  or  any  proceeding  in  which 
the  care  and  custody  of  children  is  in  question.     St.  1902,  324. 

Sect.  48.     See  St.  1908,  286. 

Chapter  192.  —  Of  Audita  Querela,  Certiorari,  Mandamus  and  Quo  Warranto. 

Sects.  1,  4,  8.     See  St.  1911,  339. 
Sect.  4  amended.     St.  1902,  544  §  27. 

Chapter  196.  —  Of  Mills,  Dams  and  Reservoirs. 

Sect.  4  amended.     St.  1905,  259. 
Sect.  30.    See  St.  1905,  266. 

Chapter  197.  —  Of  Liens  on  Buildings  and  Land. 

Sect.  10  amended.     St.  1908,  127. 

Sect.  28  amended.  St.  1906,  223;  1909,  237  §  1.  Extended  to  per- 
sonal property  liens.     St.  1907,  490  §  1.     (See  1911,  150.) 

Chapter  198.  —  Of  Mortgages,  Conditional  Sales  and  Pledges  of,  and  Liens 

upon,  Personal  Property. 

Provisions  for  dissolution  of  certain  liens.     St.  1907,  490. 

Sects.  5,  8.    See  St.  1911,  727  §  15. 

Sect.  8.     See  St.  1910,  171  §  13,  214  §§  37,  39. 

Sects.  23-26.     See  St.  1907,  490. 

Sect.  28.     See  St.  1904,  242. 


1400  Changes  in  the  [Chaps.  199-205. 

Chapter  199.  —  Of  Recognizances  for  Debts. 

Sect.  10.     See  St.  1911,  150. 

Chapter  201.  —  Of  Claims  against  the  Commonwealth. 

Sect.  1  amended.  St.  1905,  370  §  1.  (See  1907,  340  §  2;  1908,  590 
§57.) 

Sect.  2  revised.  St.  1910,  645.  (See  1905,  370  §  2;  1908,  288;  1909, 
204  §  1;  1910,555  §3.) 

Chapter  202.  —  Of  the  Limitation  of  Actions. 

Sect.  4.  Actions  of  tort  for  personal  injuries  against  counties,  cities 
and  towns  added.     St.  1902,  406.     (See  1905,  266;  1911,  147.) 

Chapter  203.  —  Of  Costs  in  Civil  Actions. 

Certain  items  of  cost  added  in  cases  of  petitions  for  abolition  of  grade 
crossings  under  R.  L.,  ch.  111.     St.  1902,  298. 
Sect.  24.     See  St.  1908,  177. 
Sect.  26  amended.     St.  1904,  413  §  1. 

Chapter  204.  —  Of  the  Fees  of  Certain  Officers. 

Sect.  2  amended.     St.  1904,  350  §  1;  1909,  186. 

Sect.  2  et  seq.     Fees  to  be  paid  into  county  treasury.     St.  1904,  453  §  5. 

Sect.  6  amended.  City  of  Boston,  as  a  party  in  civil  actions,  to  pay  no 
fees  or  expenses  of  suits  to  clerks  of  courts  of  Suffolk.     St.  1902,  253. 

Fee  for  rule  to  auditor,  etc.,  and  for  alias  execution  stricken  out.  St. 
1904,  350  §  2. 

Sect.  10.  Fee  for  taking  bail  fixed.  St.  1907,  327.  (See  1909,  490  II 
§  13;  1910,  248.) 

Sect.  12.     As  to  Dukes  county,  see  St.  1905,  336  §  1. 

Sect.  14  amended.     St.  1910,  317. 

Sect.  17  amended  relative  to  payment  of  jurors.  St.  1903,  256  §  1; 
1908,  353. 

Sects.  21,  39,  44.     See  St.  1907,  158. 

Sect.  25  amended.     St.  1908,  121;  1911,  736  §  5. 

Sect.  29  amended.  St.  1908,  365;  1910,  273.  (See  1907,  294;  1908, 
372  §2;  1909,  160.) 

Sect.  43.     See  St.  1910,  248. 

Sect.  47  amended.     St.  1910,  311. 

Chapter  205.  —  Of  the  Rights  of  Persons  accused  of  Crime. 

Sheriff  of  any  county  except  Suffolk  may  remove  prisoners  to  and  from 
jail  and  house  of  correction.     St.  1909,  312. 

Sect.  1.     See  St.  1906,  293. 

Sect.  4.  Male  and  female  prisoners  not  to  be  placed  in  the  same  dock 
at  same  time  in  certain  cases.     St.  1904,  218  §  1. 


Chaps.  206-208.]  EeVISED   LaWS.  1401 


Chapter  206.  —  Of  Crimes  against  the  Sovereignty  of  the  Commonwealth. 

Act  to  protect  the  dignity  and  honor  of  the  uniform  of  the  United  States. 
St.  1911,  460. 

Parading  of  foreign  troops  authorized  in  certain  cases.     St.  1906,  198. 
Sect.  5  extended.     St.  1907,  232  §  2.     (See  1908,  229.) 

Chapter  207.  —  Of  Crimes  against  the  Person. 

Speed  and  operation  of  automobiles  and  motor  vehicles  on  highways 
regulated.  St.  1903,  473  §§  3,  4-11;  1907,  203,  408,  580;  1908,  048;  1909, 
534.     (See  1902,  315;    1905,  311,  366;   1906,  353,  412;    1908,  263,  467,  042; 

1910,  516.) 

Sale  of  wood  alcohol  regulated.     St.  1905,  220. 

Unreasonable  neglect  to  support  wife  and  minor  children  made  punish- 
able.    St.  1906,  501;  1908,  104;  1909,  180. 
Sect.  28.     See  St.  1906,  386  §§  2-4. 

Chapter  208.  —  Of  Crimes  against  Property. 

Act  to  regulate  sale  and  lease  of  machinery,  tools,  implements  and  appli- 
ances.    St.  1907,  469. 

Provision  for  protection  of  property,  etc.,  used  by  commissioners  on 
fisheries  and  game.     St.  1900,  327. 

Stealing  tools  of  mechanics,  etc.,  is  made  punishable.     St.  1907,  500  §  1. 

Fraudulent  conversion  of  property  by  captains  of  vessels.     St.  1907,  389. 

Unauthorized  performance  of  certain  dramatic  and  musical  compositions 
St.  1904,  183.  Fraudulent  advertisements  for  labor  or  help.  St.  1908, 
217. 

Wilful  printed  misrepresentations  as  to  merchandise.  St.  1902,  397; 
1907,  383.    (See  1910,  378.) 

As  to  sale  or  distribution  of  trading  stamps  or  similar  devices,  see  St. 
1903,  386;  1904,  403;  1906,  523. 

Sale  of  merchandise  in  bulk  is  restricted.     St.  1903,  415. 

Penalty  for  giving  false  or  insufficient  weight  or  measure.     St.  1907,  394, 

1911,  163. 

Wanton  destruction  or  injury  of  personal  property  by  means  not  men- 
tioned in  this  chapter  is  punishable.     St.  1904,  305. 

The  corrupt  influencing  of  agents,  employees  or  servants  is  punishable. 
St.  1904,  343  §  1. 

Sect.  7.     See  St.  1908,  209  §  1. 

Sect.  17  amended.     St.  1911,  84. 

Sects.  18,  19  afi^ected.     St.  1911,  176  §  2.    (See  1911,  461.) 

Sect.  25  et  seq.  False  pretences  to  constitute  larceny  in  certain  cases. 
St.  1910,  378. 

Sect.  26  amended.     St.  1906,  261  §  1. 

Sects.  26,  27.     See  St.  1902,  397;  1907,  383,  389. 

Sect.  30  amended.     St.  1910,  389.     Repealed.     St.  1911,  126. 

Sect.  37  amended.     St.  1906,  181. 


1402  Changes  in  the  [Chaps.  209, 210. 

Sect.  40  repealed.     St.  1902,  544  §  28. 
Sect.  44  amended.     St.  1911,  216. 
Sect.  51.     See  St.  1903,  415  §  1. 
Sect.  55  amended.     St.  1910,  516. 

Sect.  60.  Provision  to  prohibit  unauthorized  use  of  certain  registered 
insignia,  badges,  etc.     St.   1909,  514   §  32.     (See   1902,  430;    1903,  275; 

1904,  335;    1907,  232  §  3;    1908,  417  §  2.)    And  society  titles,  etc.     St. 
1908,  280. 

Sect.  61  amended.     St.  1902,  544  §  29.     (See  1902,  397.) 

Sect.  65.  Act  to  prohibit  false  marking  of  articles  made  of  gold  or 
metal  resembling  gold.  St.  1907,  460.  False  statements  to  stock  exchanges 
as  to  mining  stocks.     St.  1911,  492. 

Sects.  71,  72.     See  St.  1910,  378. 

Sect.  73.     See  St.  1903,  415. 

Sect.  74.     See  St.  1910,  214  §§  44-50. 

Sect.  80.     See  St.  1906,  327. 

Sects.  85,  86.  See  St.  1904,  370  §  4;  1905,  280  §  3;  1906,  463  III  §  85. 

Sect.  86  revised.  St.  1904,  396;  1906,  463  I  §  66.  (See  1908,  495.) 

Sect.  91.  See  St.  1911,  173. 

Sects.  91,  99,  105,  106,  111,  121.  See  St.  1904,  444  §§  2,  3. 

Sect.  99  amended.  St.  1904,  444  §  1. 

Sect.  100  amended.  "Or  wantonly"  added.  St.  1902,  544  §  30.  (See 

1905,  279  §  3.) 

Sects.  101,  102  amended.  "Wantonly"  substituted  for  "wilfully  and 
maliciously."    St.  1902,  544  §§  31,  32.    (See  1905,  279  §  3.) 

Sect.  103  repealed.     St.  1908,  296  §  5. 

Sect.  104  amended.     St.  1905,  279  §  2.     (See  1908,  296  §  2;   1910,  321.) 

Sect.  106  amended.     St.  1902,  544  §  33. 

Sect.  108.     See  St.  1902,  57;  1905,  381;  1906,  268;  1909,  263. 

Sects.  109,  113.     See  St.  1906,  327. 

Sect.  112  amended.     St.  1905,  434;  1911,  194.    (See  1905,  400.) 

Sect.  115  extended.     St.  1903,  158.  _ 

Sects.  117,  118.  See  act  to  prohibit  misuse  of  vessels  used  in  sale  of 
milk.     St.  1906,  116. 

Sect.  120  revised.     St.  1905,  241. 

Sect.  124.    See  St.  1908,  209  §  1. 

Chapter  209.  —  Of  Forgery  and  Crimes  against  the  Currency. 

Sect.  1  amended.     St.  1909,  155  §  1. 
Sect.  3  amended.     St.  1909,  155  §  2. 

Chapter  210.  —  Of  Crimes  against  Public  Justice. 

Act  to  prohil)it  soliciting  employment  by  attorneys  at  law.  St.  1907,  443. 
(See  1909,49;  1911,85.) 

Sects.  14,  19.  Act  to  prohibit  conveying  drugs  or  other  articles  to 
prisoners.     St.  1905,  258. 

Sect.  17.     See  St.  1907,  3()2. 

Sect.  22  amended.     St.  1909,  255. 


Chaps.  211,  212.]  REVISED  LawS.  1403 


Chapter  211.  —  Of  Crimes  against  the  Public  Peace. 

Sect.  9.  The  carrying  of  a  loaded  pistol  without  a  license,  and  of  cer- 
tain other  weapons,  made  punishable.  St.  1906,  172  §  2;  1908,  350,  583; 
1911,  548  §3.    (See  1911,  283.) 

And  sale  of  certain  pistols  and  explosives.  St.  1910,  565.  And  sale  or 
rent  of  firearms.     St.  1911,  495. 

Sect.  11  repealed.     St.  1911,  244  §  4.    (See  1908,  209;  1911,  244  §  1.) 

Sect.  13  (new)  added.     St.  1911,  283.     And  repealed.     St.  1911,  548  §  4. 

Chapter  212.  —  Of  Crimes  against  Chastity,  Morality,  Decency  and  Good 

Order. 

Act  relative  to  offences  against  chastity.     St.  1910,  424. 

Act  relative  to  admission  of  persons  under  seventeen  to  dance  halls  and 
roller  skating  rinks.     St.  1906,  384. 

Uniform  desertion  act.     St.  1911,  456. 

An  act  to  require  the  use  of  underwater  exhausts  or  mufflers  on  certain 
motor  boats.  St.  1909,  245.  Power  boats  must  show  lights  at  night  in 
certain  waters.     St.  1910,  397. 

Act  to  protect  the  dignity  and  honor  of  the  uniform  of  the  United  States. 
St.  1911,460. 

Advertising  to  perform  or  procure  performance  of  marriage  ceremony  is 
punishable.  St.  1902,  249.  Failure  to  support  wife  or  minor  child.  St. 
1903,334;  1904,356;  1906,501;  1908,104;  1909,180;  1911,456.  False 
or  fraudulent  advertisements  for  labor  or  help.  St.  1908,  217;  1909,  514 
§  27.    (See  1910,  445.) 

Act  relative  to  the  receiving  of  alms  in  public  places  in  the  city  of  Boston. 
St.  1909,  538. 

Sect.  2  amended.     St.  1910,  424  §  1. 

Sect.  6  amended.     St.  1910,  424  §  2. 

Sect.  8  amended.     St.  1910,  424  §  3. 

Sect.  9  amended.     St.  1910,  424  §  4. 

Receiving  the  earnings  of  prostitution  and  soliciting  for  a  prostitute 
made  punishable,  and  arrest  without  a  warrant  authorized  in  certain  cases. 
St.  1910,  424  §§  5-8. 

Sect.  16  amended.     St.  1905,  316. 

Sect.  20  amended.     St.  1904,  120.    (See  1908,  386.) 

Sect.  23  revised.     St.  1910,  367. 

Sect.  37  revised.     St.  1905,  384  §  1.    (See  1905,  384  §  2.) 

Sect.  39.     See  St.  1910,  316,  356. 

Sect.  40.     See  St.  1908,  440. 

Sect.  41.    See  St.  1906,  291  §  10. 

Sect.  45  amended.  St.  1905,  307  §  1;  1906,  501;  1908,  104;  1909, 
180;    1911,  456.     (See  1905,  338;    1906,  129  §  1;    1907,  563  §  26.) 

Sect.  46  in  part  superseded.  St.  1903,  209.  (See  1906,  282;  1907,  251; 
1909,  538  §  2;  1910,  316,  356.) 

Sect.  47.     See  St.  1910,  424  §  8. 

Sect.  53  amended.  St.  1906,  403  §  1.  (See  1907,  494.)  Extended, 
St.  1910,  436.    (See  1910,  424  §  8.) 


140i  Changes  in  the  [Chaps.  213, 214. 

Sects.  54,  55.     See  St.  1910,  316. 

Sects.  56,  57.     See  St.  1904,  274,  318;    1905,  344,  348;    1908,  568. 
Sect.  58.     See  St.  1908,  568;  1909,  302. 
Sects.  58,  59,  60.     See  St.  1910,  248,  316. 

Sect.  70  d  seq.     See  acts  relative  to  disabled  or  diseased  horses.     St. 
1906,  185;  1907,  363;  1908,  133.     See  also,  St.  1909,  302. 
Sect.  73.     See  St.  1907,  490. 
Sect.  89.     See  St.  1908,  335. 

Chapter  213.  —  Of  Crimes  against  the  Public  Health. 

Act  to  restrict  the  use  of  common  chinking  cups.     St.  1910,  428. 

Provision  for  marking  vessels  from  which  milk  is  sold.  St.  1906,  323; 
1908,570;  1909,531;  1910,462.  For  regulating  use  of  boats  or  bathing 
suits  in  great  ponds.     St.  1910,  400. 

Spitting  in  certain  public  places  and  conveyances  a  punishable  offence. 
St.  1900,  165;  1907,  410;  1908,  150. 

Sect.  2.  Sale  or  gift  of  certain  harmful  medicines,  drugs,  etc.,  restricted. 
St.  1906,  386;  1907,  180;  1908,  307;  1909,  375;  1910,  387,  541;  1911,  30, 
289,  341,  372.  (See  1902,  327;  1903,  410;  1905,  220;  1908,  525  §  3;  1910, 
172  §  1,  271,  416,  495.) 

Manufacture  or  sale  of  cocaine  or  articles  containing  cocaine.  St.  1910, 
387.  (See  1906,  386  §  4;  1908,  307;  1909,  375;  1910,  416,  495.)  Adver- 
tisements describing  certain  diseases.     St.  1908,  386. 

Sect.  3  amended.     St.  1909,  346  §  1. 

Chapter  214.  —  Of  Crimes  against  Public  Policy. 

Provision  against  false  or  fraudulent  advertisement  for  labor  or  help. 
St.  1908,  217.     False  returns  to  connnissions.     St.  1911,  184. 

Act  to  provide  for  safe  keeping  of  matches  in  stores.  St.  1909,  184. 
To  prohibit  liberating  or  flying  fire  balloons.     St.  1910,  141. 

To  restrict  picking  wild  berries  or  flowers  or  picnicking  during  certain 
months  in  Barnstable  or  Plymouth  county.     St.  19.10,  478. 

Acts  relative  to  monopolies  and  discriminations  in  sale  of  articles  or  com- 
modities in  common  use.     St.  1908,  458;  1911,  503. 

Act  to  require  use  of  underwater  exhausts  or  mufflers  on  certain  motor 
boats.  St.  1909,  245.  Power  boats  must  show  lights  at  night  in  certain 
waters.     St.  1910,  397. 

Driving  vehicle  at  night  without  a  light.     St.  1911,  578  §§  5,  6. 

Acts  relative  to  use  of  moving  picture  machines  and  cinematographs. 
St.  1905,  176,  437;  1908,  5()5,  566. 

Carrying  a  loaded  pistol  without  a  license  or  other  weapon  is  punish- 
able. St.  1906,.  172  §  2;  1908,  350,  583;  1911,  548.  And  sale  of  certain 
pistols  and  explosives.  St.  1910,  565.  Sale  or  renting  of  firearms.  St. 
1911,  495. 

Unsigned  political  advertisements  and  contributions  in  certain  cases. 
St.  1907,  5S1;  1908,483;  1910,55;  1911,422.  Advertisements  describing 
certain   diseases.     St.    1908,  386.     Publisliing  false  or  exaggerated   state- 


Chaps.  215-2 17. J  REVISED   LawS.  1405 

ments  of  affairs  of  corporations,  partnerships,  etc.  St.  1911,  428.  As  to 
mining  stocks.     St.  1911,  492. 

Wilful  printed  misrepresentations  as  to  merchandise  or  coni.modities.     St. 

1902,  397;  1907,  383.  (See  1909,  399  §  4.)  And  unauthorized  or  fraudu- 
lent use  of  certain  insignia,  badges,  names  or  titles.  St.  1904,  335;  1907, 
232  §  3;  1908,  280,  417. 

Act  relative  to  the  receiving  of  alms  in  public  places  in  the  city  of  Boston. 
St.  1909,  538. 

Act  relative  to  lease  and  sale  of  machinery,  tools,  implements  and  appli- 
ances.    St.  1907,  469. 

Illegal  shooting  or  hunting.  St.  1905,  317;  1907,  198;  1908,  402,  484; 
1909,  262,  362.  (See  1910,  478.)  Unlicensed  renting  of  boats  or  bathing 
suits  in  great  ponds.     St.  1910,  400. 

Names  of  persons  conducting  business  must  be  recorded  in  certain  cases. 
St.  1907,  539;  1908,  316. 

As  to  sale  or  distribution  of  trading  stamps  or  similar  devices,  see  St. 

1903,  386;  1904,  403;  1906,  523. 

Act  to  prohibit  bucketing  and  to  abolish  bucket  shops.     St.  1907,  414. 

Corrupt  influencing  of  agents,  employees  or  servants  is  punishable.  St. 
1901,  343.  (See  1911,  151.)  Act  relative  to  sale  of  paint,  turpentine  and 
linseed  oil.     St.  1908,  531. 

Act  to  prohibit  soliciting  employment  by  attorneys  at  law.  St.  1907, 
443.     (See  1911,  85.) 

Sect.  2  amended.     St.  1907,  366. 

Sect.  29  extended.     St.  1902,  397;  1903,  386. 

Chapter  215.  —  Of  Felonies,  Accessories  and  Attempts  to  commit  Crimes. 

Sect.  6,  cl.  4  repealed.     St.  1911,  130. 

Chapter  216.  —  Of  Proceedings  to  prevent  the  Commission  of  Crimes. 

Sect.  15.  The  carrying  of  a  loaded  pistol  without  a  license,  and  of  cer- 
tain other  weapons,  made  punishable.  St.  1906,  172  §  2;  1908,  350,  583; 
1911,  548.    (See  1910,  565.) 

Chapter  217.  —  Of  Search  Warrants,  Rewards,  Fugitives  from  Justice,  Arrest, 
Examination,  Commitment,  Bail  and  Probation. 

Sect.  1.     See  St.  1904,  367  §  2;  1905,  347  §  1. 
Sects.  3-8.     See  St.  1905,  347  §  1. 
Sect.  7  amended.     St.  1908,  370. 

Sect.  II  et  seq.     Provision  for  identification  of  fugitives  from  justice.     St. 
1906,  293.    (See  1905,  459;  1909,  504  §§  50,  51.) 
Sect.  25.     See  St.  1909,  504  §  50. 
Sects.  29,  30.     See  St.  1906,  489  §  7. 
Sect.  34.     See  St.  1906,  413  §  5;  1908,  286. 
Sect.  35  amended.     St.  1904,  164.    (See  1903,  236.) 
Sect.  44.    See  St.  1907,  176. 


1406  CllAlS^GES   IN   THE  [Chaps.  218,  219. 

Sects.  44-48.     See  St.  1911,  160. 

Sect.  52.  Male  and  female  defendants  not  to  be  placed  in  same  dock  in 
certain  cases.     St.  1904,  218  §  1. 

Sect.  56.     See  St.  1905,  110;  1906,  180,  187. 

Sects.  56-60.  See  act  relative  to  applications  for  bail  to  masters  in 
chancery.     St.  1909,  235. 

Sect.  62  revised.     St.  1906,  180.     (See  1906,  187.) 

Sect.  64.     See  St.  1907,  176. 

Sect.  65.     See  St.  1906,  413  §  5. 

Sect.  70.     See  St.  1910,  370. 

Sect.  77  amended.     St.  1906,  221;  1911,  160.     (See  St.  1910,  370.) 

Sect.  79  amended.     St.  1903,  236  §  1. 

Sect.  81  amended.  Additional  probation  officers.  St.  1905,  295;  1906, 
329;    1907,  261;    1908,  190,  637;    1909,  216;    1910,  332;    1911,  116,  470. 

Sect.  81  et  seq.  See  St.  1906,  489  §  6;  1907,  223;  1908,  637,  465;  1910, 
275. 

Sect.  82  amended.     St.  1910,  275. 

Sects.  82,  83  affected.     St.  1908,  637. 

Sects.  83,  86.     See  St.  1906,  291  §  10. 

Sect.  84  amended.     St.  1911,  8.     (See  1908,  440.) 

Sect.  84  ct  seq.  Provision  for  restitution  or  reparation  in  certain  cases. 
St.  1907,  335.     (See  1905,  307,  338;  1906,  413  §§  5-9.) 

Sects.  85-90  repealed.  St.  1908,  465  §  6.  Provision  for  a  commission 
on  probation,  and  certain  duties  of  probation  officers.  St.  1908,  465.  (See 
1902,  196;  1908,  637;  1909,  216,  514  §  26;  1911,  8.) 

Sect.  91  amended.     St.  1910,  485. 

Sect.  92  amended.     St.  1910,  479. 

Sect.  94  amended.     St.  1906,  440. 

Chapter  218.  —  Of  Indictments  and  Proceedings  before  Trial. 

Act  to  authorize  compensation  in  certain  cases  to  persons  confined  while 
awaiting  trial.     St.  1911,  577. 

Sect.  15.     See  St.  1906,  413  §  11. 

Sect.  38.  Act  to  provide  that  false  pretences  shall  constitute  larceny 
in  certain  cases.     St.  1910,  378. 

Sect.  58.     See  St.  1907,  158. 

Sect.  67.     See  St.  1906,  501. 

Chapter  219.  —  Of  Trials  and  Proceedings  before  Judgment. 

Male  and  female  prisoners  not  to  be  placed  in  same  dock  in  certain 
cases.     St.  1904,  218  §  1. 

Sect.  7  amended.     St.  1909,  49. 

Sects.  11,  12  repeal  and  substitute.  St.  1909,  504  §§  103-107;  1910, 
345.     (See  1904,  257;  1909,  274;  1911,  273.) 

Sect.  14.     See  St.  1911,  176  §  2,  461. 

Sect.  16  repeal  and  substitute.  St.  1909,  504  §§  104,  107.  (See  1911, 
595.) 


Chaps.  220-222.]  REVISED  LawS.  1407 

Sect.  22  amended.     St.  1905,  319.    (See  1906,  413  §  5;   1909,  504  §  51; 
1911,  176  §  2.) 
Sects.  27,  28.     See  St.  1910,  316. 
Sect.  28  revised.     St.  1909,  381;  1910,  244. 

Chapter  220.  —  Of  Judgment  and  Execution. 

Provision  for  compensation  in  certain  cases  to  persons  confined  while 
awaiting  trial.     St.  1911,  577. 

Sect.  1  revised.  St.  1905,  338  §  1.  (See  1905,  307;  1906,  413  §  5, 
501  §  3;  1907,  335;  19*08,  104;  1911,  456.) 

Sect.  1  ct  seq.     See  St.  1910,  316. 

Sects.  3-7  affected.     St.  1911,  176  §  2. 

Sect.  4  amended.  Unless  otherwise  provided,  a  person  convicted  of  a 
misdemeanor,  punishable  by  imprisonment,  may  be  sentenced  to  jail  or 
house  of  correction.     St.  1902,  544  §  34. 

Sects.  5,  14.     See  St.  1909,  312. 

Sect.  7  amended.     St.  1911,  179. 

Sects.  15,  16.  Sentences  to  reformatory  prison  for  women  regulated. 
St.  1903,  209  §§  1-3;  1906,  282;  1907,  251;  1910,  347.  (See  1910,  316; 
1911,  595.) 

Sect.  16  amended.     St.  1904,  224. 

Sect.  18.     See  St.  1906,  413  §  8;  1911,  176  §  2,  205. 

Sect.  20.     See  St.  1906,  261  §  2;  1910,  356. 

Sect.  21  amended  as  to  term  of  imprisonment.     St.    1904,  303.     (See 

1910,  316.) 

Sect.  27  amended.     St.  1908,  232.    (See  1910,  316,  356.) 
Sect.  29  revised.     St.  1907,  252;  1910,  356. 
Sects.  30,  31.     See  St.  1910,  316,  356;  1911,  176  §  2. 
Sects.  40,  44.    See  St.  1911,  274. 

Chapter  221.  —  Of  Fines  and  Forfeitures. 

Sect.  2  amended.  St.  1911,  250  §  1.  Limited.  St.  1911,  250  §  1.  (See 
1909,  534  §  30;  1910,  525.) 

Chapter  222.  —  Of  the  Board  of  Prison  Commissioners. 

Provision  for  retiring  and  pensioning  prison  officers.     St.  1908,  601;  1911, 

673. 

Provision  for  hospital  for  prisoners  having  tubercular  disease.  St.  1905, 
355;  1906,  243.  For  identifying  certain  persons  held  in  prison.  St.  1904, 
241;  1905,  459;  1906,  293;  1910,  360.     For  storage  facilities.     St.  1911,  195. 

Sect.  1  amended.     St.  1908,  230. 

Sect.  3.  See  St.  1902,  196;  1903,  209  §§  4,  5,  212,  452;  1905,  355,  459 
§2;   1906,243,293,302;   1908,230,601;   1909,  514  §  26;   1910,360,454; 

1911,  195,  451,  595. 

Sect.  6.  See  St.  1905,  311  §  6. 
Sect.  7.  See  St.  1906,  291  §  10. 
Sect.  9.  See  St.  1905,  211  §  1. 


1408  Changes  in  the  [Chaps.  223, 224. 


Chapter  223.  —  Of  the  State  Prison,  the  Massachusetts  Reformatory  and 
the  Reformatory  Prison  for  Women. 

Sect.  3.  Provision  for  retiring  and  pensioning  prison  officers.  St.  1908, 
601;  1911,  673.  For  release  of  certain  prisoners  on  parole.  St.  1911,  451. 
Hours  of  labor.  St.  1909,  514  §§  53-55.  (See  1908,  547.)  Assistant 
deputies.  St.  1910,  454.  Removal  of  insane  prisoners.  St.  1909,  504  § 
105;  1911,  604.     (See  1910,  345;  1911,  273.) 

vSect.  6  affected.  St.  1908,  195.  Certain  advances  authorized.  St. 
1908,  178.     (See  1907,  466;  1909,  218.) 

Sects.  8,  10.     See  St.  1908,  469. 

Sect.  14.     See  St.  1905,  355;  1906,  243,  302. 

Sect.  17  amended.     St.  1906,  242  §  1. 

Sect.  19.  Salary  changed:  Deputy  warden.  St.  1911,  467.  Physician 
and  surgeon.  St.  1908,  426.  Watchmen.  St.  1910,  430;  1911,  542.  (See 
1902,  454.) 

Sect.  20.     See  St.  1910,  356. 

Act  providing  for  departments  for  defective  delinquents.     St.  1911,  595. 

Sect.  21.     Assistant  deputy.     St.  1910,  454. 

Sects.  23,  25.     See  St.  1908,  469,  601. 

Sect.  24.     See  St.  1907,  466;  1908,  195;  1910,  356. 

Sect.  27  amended.     St.  1910,  430;  1911,  542. 

Sect.  28.  Sentences  regulated.  St.  1903,  209;  1906,  282;  1907,  251; 
1910,  347.  Name  changed.  St.  1911,  181.  (See  1904,  224;  1906,  282; 
1910,  316,  345;  1911,  295.) 

Sect.  29.     See  St.  1906,  302.     Assistant  deputy.     St.  1910,  454. 

Sect.  31.     See  St.  1908,  469. 

Sect.  34.     See  St.  1907,  466;  1908,  195. 

Sect.  37  repealed.     St.  1904,  205  §  1. 

Sect.  39.     Clerk's  salary  changed.     St.  1909,  303. 
^ 

Chapter  224.  —  Of  Jails  and  Houses  of  Correction. 

Provision  for  inspection  of  jails,  prisons,  etc.     St.  1910,  405;    1911,  282. 

For  compensation  in  certain  cases  to  persons  confined  while  awaiting 
trial.     St.  1911,  577. 

Sect.  5.  Sheriff  of  any  county  except  Suffolk  may  transfer  prisoners 
from  jail  to  house  of  correction,  or  vice  versa.     St.  1909,  312. 

Sect.  11.     See  St.  1895,  449  §  14;  1896,  521,  536;  1897,  395. 

Sect.  16  et  seq.     See  St.  1908,  601;  1909,  312;  1911,  673. 

Sect.  18.     See  St.  1905,  231;  1908,  547;  1909,  514  §  53. 

Sect.  20  superseded.     St.  1909,  514  §§  55,  145. 

Sect.  24.     See  St.  1906,  150;  1908,  469. 

Sect.  26.     See  St.  1906,  302. 

Sects.  30,  31.  See  St.  1909,  271. 

Sect.  31.  See  St.  1908,  195. 

Sects.  34-37  repealed.     St.  1904,  211. 


Chap.  225.]  REVISED   LaWS.  1409 


Chapter  225.  —  Of  the  Oflftcers  and  Inmates  of  Penal  and  Reformatory 

Institution.s,  and  of  Pardons. 

Provision  for  compensation  in  certain  cases  to  persons  confined  while 
awaiting  trial.     St.  1911,  577. 

Provision  for  retiring  and  pensioning  prison  oflScers.  St.  1908,  601;  1911, 
673. 

Sect.  1.     See  St.  1910,  454. 

Sect.  6.     See  St.  1910,  316. 

Sects.  7,  8,  9.     See  St.  1907,  466;  1908,  195. 

Sect.  9.     See  St.  1905,  211  §  1. 

Sects.  9-11.     See  St.  1911,  181. 

Sect.  10  amended.     St.  1904,  214. 

Sect.  11  d  seq.  Hours  of  labor  and  number  of  employees.  St.  1909, 
514  §§  53-55.    (See  1905,  231;  1908,  547.) 

Act  relative  to  making  goods  for  use  of  public  institutions  by  labor  of 
prisoners.     St.  1910,  414. 

Sect.  18  revised  and  extended.  St.  1904,  241  §  1;  1905,  459  §  1;  1906, 
293;  1910,  300. 

Sects.  20,  21.     See  St.  1906,  293;  1911,  181. 

Sect.  28  amended.     St.  1903,  207  §  1. 

Sect.  29  revised.     St.  1905,  244. 

Sect.  37  repealed.     St.  1911,  193. 

Sect.  41.     See  St.  1909,  312. 

Sects.  43-46.     Provision  for  storage  facilities.     St.  1911,  195. 

Sect.  45  affected.     St.  1910,  414.     (See  Res.  1911,  143.) 

Sect.  51  amended.     St.  1903,  213  §  1. 

Sect.  54.     See  St.  1910,  414  §  2. 

Sect.  55  repealed  and  superseded.     St.  1910,  414. 

Sect.  57.     See  St.  1911,  195. 

Sect.  65.     See  St.  1906,  243;  1908,  469;  1911,  194. 

Sect  66  repealed  and  new  provisions  made.  St.  1904,  243.  (See  1905, 
258;  1911,  194.) 

Sect.  67.     See  St.  1908,  195. 

Sect.  72  amended.     St.  1904,  363  §  1. 

Sect.  72  ct  scq.    See  St.  1905,  464. 

Sect.  80  ct  scq.  See  St.  1905,  355;  1906,  243,  302.  Board  may  dele- 
gate to  the  chairman  authority  to  remove  and  transfer  prisoners.  St.  1908, 
230.     (See  1909,  312.) 

Sect.  86.     See  St.  1906,  282;  1907,  251;  1910,  347. 

Sect.  89  extended.     St.  1909,  312. 

Sect.  96  amended.     St.  1905,  240. 

Sect.  100.     See  St.  1905,  355  §§  2,  3;  1906,  243,  302;  1911,  273. 

Sects.  101-103  repeal  and  substitute.  St.  1909,  504  §§  105,  106;  1910, 
345.    (Seel906.  472  §1;  1909,  274;  1911,273.) 

Sects.  107-111.  See  act  relative  to  expense  of  removing  prisoners.  St. 
1906,  324. 

Sect.  108  revised.     St.  1903,  354  §  1;  1906,  324. 


1410  Changes  in  the  Revised  Laws.      [Chap,  225. 

Sect.  117  amended.     St.  1906,  244. 

Sect.  115.     Act  relative  to  release  of  certain  prisoners,  on  parole.     St. 
1911,451. 
Sect.  119  amended.     St.  1909,  132  §  1. 
Sect.  120  amended.     St.  1909,  132  §  2. 

Sect.  121  amended.     St.  1902,  227.    (See  1902,  196;  1911,  8.) 
Sect.  128  amended.     St.  1908,  251. 

Sect.  129  revised.     St.  1903,  452  §  1.    (See  1903,  209  §  5;    1910,  347.) 
Sect.  131.     See  St.  1906,  243  §  2. 

Sect.  136  amended.     St.  1903,  212  §  1 ;  1909,  295.     (See  1909,  514  §  26.) 
Sect.  137  amended.     St.  1905,  235;  1909,  295. 


Chaj^^ges  in  the  General  Laws.  1411 


II 

CHAISTGES   IN   THE   GENERAL   LAWS 

PASSED   SINCE  THE   ENACTMENT   OF  THE   "REVISED 

lAWS  " 


Statutes  of  1903. 

Chap. 

55     See  1906,  487.     R.  L.  6. 

57     Affected,  1905,  381;    1906,  268;    1907,  521.     §  2  repealed,  1905,  381 
§  10.    (See  1908,  296;  1909,  263;  1910,  150.)    R.  L.  25,  26,  53,  101. 
85     See  1905,  122.     R.  L.  92. 

90  Repealed,  1907,  560  §  456.    (See  1903,  279  §§  5,  16.)    R.  L.  11. 

91  Superseded,  1909,  490  I  §  83.     R.  L.  12. 

106     Superseded,  1907,  576  §§  15,  122.     R.  L.  118. 

108  Repealed,  1906,  171  §  3.    (See  1903,  253.)    R.  L.  32. 

109  Limited,  1907,  311.     R.  L.  25. 

111  See  1909,  490  I  §  49.     R.  L.  12. 

112  Superseded,  1909,  490  I  §  17.     R.  L.  12. 

113  Superseded,  1909,  490  I  §  15.    (See  1911,  75.)    R.  L.  12. 

114  See  1902,  534.     R.  L.  112. 

115  Amended,  1911,  397.  R.  L.  62. 

116  §  3  amended,  1911,  297  §  6.  (See  1905,  211  §  1;  1909,  474;  1911, 

381  §  1.)  R.  L.  75,  89,  90. 
127  §  1  amended,  1907,  250  §  2.  R.  L.  92. 

137  Amended,  1906,  314  §  2.  (See  1903,  205.)  R.  L.  91. 

138  See  1902,  178;  1904,  367  §  1;  1906,  179  §  2;  1907,  198,  299;  1908, 

195,  255,  469.  R.  L.  56,  91. 
142  §§  2,  3  repealed,  1904,  433  §  3.  (See  1903,  365  §  1;  1904,  370  §§  1, 

3;  1910,  328.)  R.  L.  32,  108. 
154  §  1  superseded,  1905,  245.  (See  1910,  545  §  3.)  R.  L.  92. 

157  Repeal  and  substitute,  1907,  560  §§  200,  456.  (See  1903,  454  §  9; 

1905,  386  §  6.)  R.  L.  11. 

158  Superseded,  1905,  465  §§  87,  194.  (See  1908,  604.)  R.  L.  16. 

165  Superseded,  1905,  406;  1906,  303.  (See  1904,  366  §  3;  1909,  262.) 

R.  L.  92. 
169  Superseded,  1908,  590  §§  19,  20,  29,  37,  69.  R.  L.  113. 


1112  Changes  in  the 

Chap.  1902 

171  §  1  amended,  1905,  206  §  1;  1911,  S3.  R.  L.  100. 

177  Superseded,  1907,  139  §  2,  276.  (See  1903,  120;  1905,  149.)  11.  L.  6. 

178  See  1904,  367  §  1 ;  1906,  179  §  2;  1907,  198,  299;  1908,  255.  R.  L.  91. 
183  Superseded,  1909,  514  §§  66,  145.  R.  L.  106. 

187  §  1  amended,  1910,  554  §  1.  §  2  amended,  1910,  193.  §  3  amended, 
1910,  554  §  2.  (See  1906,  291  §  4.)  R.  L.  102. 

189  §  1  amended,  1909,  258.  (See  1907,  238.)  R.  L.  75. 

190  §  2  superseded,  1902,  544  §§  10,  35.  R.  L.  75. 

192  Affected,  1904,  381;  1907,  43;  1909,  468.  §  4  superseded,  1909, 
468  §  1.  (See  1903,  420  §  1;  1904,  381  §  1;  1908,  405.)  R.  L.  79. 

196  See  1908,  465  §  3.  R.  L.  217. 

206  §  1  amended,  1906,  365  §  4.  §  2  superseded,  1906,  365  §  2.  (See 
1907,  183.)  R.  L.  75. 

211  Repealed,  1903,  279  §  18.  R.  L.  11. 

213  §  1  amended,  1907,  386  §  1 ;  1909,  380.  §  2  amended,  1907,  386  §  2. 
(See  1904,  395  §  2;  1907,  183.)  R.  L.  75. 

216  See  1904,  381  §  1;  1909,  468.  R.  L.  79. 

225  Superseded,  1907,  560  §§  93,  456.  (See  1902,  492.)  R.  L.  11. 

226  Amended,  1904,  127.  (See  1904,  283.)  R.  L.  20,  102. 

228  §§  3,  4  superseded,  1909,  483  §§  5,  6.  §  5  superseded,  1909,  318, 
483  §  7.  §  6  superseded,  1909,  483  §  8.  (See  1907,  54  §  2;  1908, 
536  §  2.)  R.  L.  58,  121. 

230  See  1905,  275.  R.  L.  9. 

246     Affected,  1903,  280.     R.  L.  47. 

250  Superseded,  1909,  468  §§  3,  17.    (See  1902,  292;    1904,  381  §§  17, 

18.)    R.  L.  79. 

251  Superseded,  1904,  381  §  3;  1909,  468  §  3.  R.  L.  79. 
288  Superseded,  1906,  463  III  §§  38,  158.  R.  L.  112. 

292  Superseded,  1904,  381  §  17;  1909,  468  §  17.  R.  L.  79. 

298  Superseded,  1906,  463  1  §§  30,  31,  37,  08.  (See  1902,  440;  1905,  408.) 

R.  L.  111. 

299  Superseded,  1904,  453  §§  1,  6.  R.  L.  160. 

312  §  1,  see  1903,  220  §  1,  1909,  471,  476;  1911,  297  §  5.  §  2  amended, 

1903,  220  §  2;  1908,  329  §  6.  R.  L.  75,  90. 

313  In  part  superseded,  1905,  327  §§  1,  2.  R.  L.  66. 

314  Amended,  1906,  413  §  3.  R.  L.  86. 

315  Repealed,  1903,  473  §  15.  (See  1905,  311;  1906,  353;  1909,  534  §§ 

14-16.)  R.  L.  47,  52,  102. 

320  Superseded,  1904,  453  §§  1,  6.     R.  L.  160. 

321  See  1907,  140,  190,  308.     R.  L.  76,  100. 

322  Superseded,  1909,  514  §§  78,  145.  (See  1907,  537  §  5.)  R.  L.  106. 

324  See  1902,  474;  1904,  163;  1907,  390.  R.  L.  145,  151,  152. 

325  §2,  see  1911,350.  R.  L.  27. 

327  Amended,  1908,  525  §  3;  1910,  172.  (See  1906,  281  §  1;  1907,  140, 

190,  308;  1908,  238,  307.)  R.  L.  76. 
336  Superseded,  1905,  465  §  14.  (See  1904,  439;  1908,  604.)  R.  L.  16. 
340  Repealed,  1907,  576  §  122.  R.  L.  118. 


General  Laws.  1413 

Chap.  1902 

342  §  1  superseded,  1909,  490  I  §  23.  §  2  superseded,  1909,  490  III  § 
40.  (See  1903,  437  §§  71,  95;  1909,  439  §  2.)  §  3  superseded, 
1909,  490  III  §  41.  (See  1906,  463  II  §  212;  1909,  267  §  2,  439 
§  2.)  §  4  superseded,  1909,  490  III  §  42.  (See  1909,  439  §  3.) 
§  5  superseded,  1909,  490  III  §  45.  (See  1909,  439  §  4.)  R.  L. 
13,  14. 

346  Superseded,  1907,  560  §§  359,  456.  R.  L.  11. 

348  Superseded,  1907,  560  §§  60,  456.  (See  1902,  512.)  R.  L.  11. 

349  See  1906,  372;  1909,  490  II  §  21,  III  §  5S.  R.  L.  126. 

350  Superseded,  1909,  514  §  74.  (See  1911,  455.)  R.  L.  106. 

355  §  2  revised,  1908,  520  §  4;  1909,  491  §  2;  1911,  148.  (See  1906,  204 

§  4;  1908,  590  §§  2,  15.)  R.  L.  113,  116. 

356  Superseded,  1904,  453  §§  1,  6.  R.  L.  160. 
358  Superseded,  1904,  451  §  3.  R.  L.  165. 
360  Superseded,  1904,  453  §  1.  R.  L.  160. 

364  Amended,  190S,  496,  508,  561;  1910,  66.  R.  L.  5. 

368  §  1  amended,  1906,  355  §  2.  R.  L.  160. 

370  Superseded,  1906,  463  III  §§  103,  158.  (See  1902,  441;  1903,  437 
§§  14-16,  27.)  R.  L.  112. 

374  Amended,  1909,  440  §  2.  (See  1909,  490  I  §§  4,  7.)  R.  L.  12. 

375  See  1909,  490  I  §§  7-9,  12.  R.  L.  12. 
378  Superseded,  1904,  453  §  1.  R.  L.  160. 

383  §  1  superseded,  1903,  472  §  2;  1907,  286.  R.  L.  157. 

384  Superseded,  1909,  514  §§  45,  145.  (See  1904,  334;  1907,  560  §  447.) 

R.  L.  11,  106. 
391  See  1907,  524.  R.  L.  75. 

395  Repealed,  1906,  463  III  §  158.     R.  L.  112. 

396  Repealed,  1906,  463  III  §  158.     R.  L.  112. 

397  See  1907,  383.  R.  L.  214. 

399  Repealed,  1906,  463  III  §§  7,  64,  65,  158.  (See  1906,  339;  1908, 

266.)  R.  L.  112. 
402  Superseded,  1906,  463  I  §§  2,  68.  (See  1904,  90.)  R.  L.  111. 

411  Superseded,  1902,  544  §§  4,  35.  (See  1904,  451  §  1,  cl.  H.)  R.  L.  20. 

412  Increase,  1908,  327.  R.  L.  164. 

414  Amended,  1908,  126,  273;  1911,328.  (See  1907,  577;  1908,  333,  343; 

1909,  423  §  5;  1910,  327.)  R.  L.  98. 
416  §  3  in  part  superseded,  1904,  453  §  1.  R.  L.  100. 
419  See  1908,  259.  R.  L.  165.  .  x  t.  t 

423  Superseded,  1909,  490  II  §44;  1911,370.  (See  1905,  193  §  1.)  R.  L. 

13. 
430  Repealed,  1904,  335  §  3.  (See  1903,  275;  1909,  514  §  32.)  R.  L.  72, 

106,  208.  ,  _  , 

432  Superseded,  1906,  463  I  §§  2,  68.  (See  1904,  429;  1906,  417.)  R.  L. 

111. 

433  In  part  superseded,  1906,  200;  1908,  427;  1911,  537.  R.  L.  42. 
435  Superseded,  1909,  514  §§  48,  145.  (See  1908,  645.)  R.  L.  106. 
438     §  1  affected,  1909,  67.     R.  L.  9. 


1414  Changes  in  the 

Chap.  1902 

440  Superseded,  1906,  463  I  §§  29-45,  68.  (See  1902,  298,  507;  1905, 

408.)  R.  L.  111. 

441  In  part  repealed,  1903,  437  §§  27,  95.  R.  L.  109. 

443  Superseded,  1909,  490  II  §§  61,  62.  (See  1905,  325  §  2.)  R.  L.  13. 
446  Superseded,  1909,  514  §§  11,  145.  (See  1904,  313  §  1.)  R.  L.  106. 

449  Superseded,  1906,  463  III  §§  60-63,  158.  (See  1906,  218.)  R.  L.  34, 

112. 

450  Superseded,  1909,  514  §§  112,  145.  (See  1906,  427;  1907,  193;  1908, 

650.)  R.  L.  106. 

453  §  2  amended,  1908,  304;  1910,  219  §  1.  §  3  amended,  1910,  219 

§  2.  R.  L.  57. 

454  Superseded,  1908,  426.  R.  L.  223. 

457  Superseded,  1907,  534  §  2.  R.  L.  62.      ~ 

458  Superseded,  1910,  560  §  1.  (See  1904,  448  §§  3,  8;  1905,  249,  288.) 

R.  L.  128. 

462  Superseded,  1904,  451  §  1.  R.  L.  165. 

463  Repealed,  1906,  347  §  5.  (See  1906,  66  §  1,  204  §  3;  1908,  590  §  4.) 

R.  L.  115,  126. 
471  Superseded,  1905,  157  §§  3,  5;  1906,  460  §  2.  R.  L.  7. 

473  Superseded,  1907,  563  §§  6,  26;  1909,  527  §§  3,  8.  (See  1903,  276; 

1907,  452;  1908,  624;  1909,  490  IV  §  0.)  R.  L.  15. 

474  Amended,  1904,  163.  R.  L.  145. 

483  Superseded,  1908,  590  §  68;  1909,  491  §  8.  (See  1904,  210;  1906, 

204,  463  III  §§  147-149,  158.)  R.  L.  112,  113. 
485  §  4  affected,  1906,  291.  R.  L.  100. 
490  Superseded,  1906,  204  §  2;  1908,  590  §  3.  R.  L.  113. 

492  Superseded,  1907,  560  §§  93,  456.  R.  L.  11. 

493  Superseded,  1905,  465  §  180.  (See  1908,  604.)  R.  L.  16. 

495  Superseded,  1909,  444.  (See  1907,  321.  Res.  1911,  103.)  R.  L.  89. 
499  See  1904,  451  §  3;  1905,  380.  R.  L.  165. 

505  §  2  in  part  superseded,  1907,  399.  §  3  amended,  1903,  228.  (See 

1903,  249  §  1.)  R.  L.  76. 

506  Superseded,  1907,  560  §§  109,  456.  (See  1904,  179.)  R.  L.  11. 

507  In  part  repealed,  1906,  463  I  §§  44,  68.  R.  L.  111. 

512  Superseded,  1907,  560  §§  60,  456.  R.  L.  11. 

513  Superseded,  1904,  451  §  3.  (See  1908,  259.)  R.  L.  165. 
521  See  1906,  258,  393.  R.  L.  48. 

523  §  1  in  part  superseded,  1906,  109  §  2;  1908,  497.  R.  L.  4. 

524  Affected,  1906,  291  §  4.  R.  L.  100. 

530  Superseded,  1905,  157  §§  2,  5.  R.  L.  7. 

531  §  1  amended,  1906,  151;  1910,  419.  R.  L.  65. 

533  Superseded,  1906,  463  I  §§  23,  68.  R.  L.  111. 

534  Limited,  1907,  573  §  17.  §  6  amended,  1907,  258.  (See  1904,  167.) 

R.  L.  112. 
537  Repealed,  1907,  560  §  456.  (See  1903,  425,  420,  450,  453,  474;  1905. 

386;  1906,  444.)  R.  L.  11. 
539  See  1909,  310.  R.  L.  62. 


Genekal  Laws.  1415 

Chap.  1902 

542     Repealed,  1909,  504  §  107.    (See  1905,  400.)    R.  L.  87. 

544  §  2  repealed,  1907,  560  §  456.  R.  L.  11.  §  4  in  part  superseded, 
1904,  451  §  1.  §  11  amended,  1905,  190.  (See  1903,  205;  1906, 
314.)  R.  L.  91.  §  13  superseded,  1906,  403  II  §§  193,  258.  R.  L. 
111.  §  14  superseded  and  §§  15-19  repealed,  1903,  241.  (See 
1904,  206  §  1;  1906,  224  §  1;  1909,  115.)  §  20  repealed,  1904, 
206  §  2.  R.  L.  141.  §  22  amended,  1904,  302.  R.  L.  154.  §  23 
amended,  1910,  531  §  2.  R.  L.  159.  §  32  affected,  1905,  279  §  3. 
R.  L.  208.     §  34;  see  1903,  209  §  1.    R.  L.  220. 

Statutes  of  1903. 

96  §  1  amended,  1905,  127  §  1;    1907,  169  §  3.     (See  1908,  116.)    R.  L. 

145. 

97  §  1  amended,  1909,  197.     R.  L.  157. 

100  §  1  amended,  1904,  283;  1911,392.     R.  L.  102. 

102  §  2  affected,  1904,  288  §  1.     §  3  amended,  1904,  143  §  1.     R.  L.  19. 

109  Repealed,  1907,  121.     R.  L.  6. 

116  See  1910,  90.     R.  L.  25. 

120  Superseded,  1905,  149;  1907,  139  §  2,  276.     R.  L.  6. 

122  §§  5,  7  amended,  1907,  66.     §  10  amended,  1904,  332  §  1.     R.  L.  57. 

134  Superseded,  1906,  463  III  §§  90,  158.     R.  L.  112. 

137  See  1904,  451  §  3.     R.  L.  165. 

143  Superseded,  1906,  463  III  §§  74,  158.    (See  1905,  376  §  1.)    R.  L. 

112. 

147  §  2,  see  1910,  364.     R.  L.  114. 

151  §  1  superseded,  1905,  465  §  64.     (See  1905,  202;   1908,  604.)    R.  L.  16. 

157  Amended,  1909,  440  §  3;    1909,  490  I  §  41.    (See  1907,  576  §  19.) 

R.  L.  12. 

158  §  1 ;  see  1905,  205.     R.  L.  28,  48. 

161  Superseded,  1909,  490  I  §  10.  (See  1908,  499  §  5;  1909,  243;  1911, 

135  §  3.)  R.  L.  12. 

162  Superseded,  1910,  472.  (See  1903,  244;  1905,  414;  1907,  99;  1909, 

508  §§  1,  3.)  R.  L.  92. 
171  §  1,  see  1908,  195.  R.  L.  45. 

173  Superseded,  1900,  463  I  §§  7,  68.  (See  1904,  265;  1906,  266.)  R.  L. 

111. 

174  Superseded,  1907,  576  §§  46,  122.     R.  L.  118. 
179     Superseded,  1907,  323;  1911,  454.     R.  L.  160. 

202  Superseded,  1906,  463  III  §§  41,  158;  1907,  402.  (See  1904,  441.) 
R.  L.  112. 

205  Superseded,  1909,  377.     (See  1906,  263  §  1.)    R.  L.  91. 

206  Superseded,  1908,  441.     (See  1909,  272;  1910,  365.)    R.  L.  92. 

209  §  1  affected,  1906,  282  §  2;  1907,  251  §  1.  (See  1911,  176  §  2.)  §§2, 
3  amended,  1910,  347.  (See  1904,  224;  1906,  282  §  1;  1907,  251 
§  2;  1910,  316.)    R.  L.  220. 

212     §  1  affected,  1909,  295.     R.  L.  225. 


IttlG  Changes  in  the 

1903 

§  2  in  part  superseded,  1904,  453  §  1,  cl.  G.     R.  L.  160. 

See  1909,  469.     R.  L.  91. 

Amended,  1905,  289  §  2.     R.  L.  76. 

§  1  amended,  1909,  471,  470;    1911,  297  §  5.     §  2  amended,  1908, 

329  §  6.     R.  L.  75. 
Affected,  1907,  447.     R.  L.  148. 

Superseded,  1907,  576  §§11,  122.     (See  1905,  287.)    R.  L.  118. 
§  3  repealed,  1905,  169.     (See  1904,  263;  1910,  123.)    R.  L.  6. 
§  1,  see  1908,  195;  1910,  473.     R.  L.  18. 
See  1904,  164.     R.  L.  217. 

Superseded,  1911,  509  §  2.     (See  1906,  117.)    R.  L.  122. 
§  1  amended,  1906,  224  §  1.    (See  1904,  206  §  1;   1909,  115.)    R.  L. 

144. 
Superseded,  1909,  396.    (See  1905,  419;   1907,  307;   1908,  377;   1909, 

362;  1910,  545.)    R.  L.  92. 
Superseded,  1905,  465  §  145.     (See  1908,  604.)    R.  L.  16. 
Superseded,  1907, 563  §§  4,  26;   1909, 490 IV  §  4;  527  §§  3, 8.    R.  L.  15. 
§  1  amended,  1906,  503  §  1 .     §  4  amended,  1906,  503  §  2.     §  5  amended 

1911,  199.     §  8  amended,  1907,  314  §  1.     (See  1906,  503  §  3.)     §  9 

amended,  1907,  314  §  2.     R.  L.  76. 
Superseded,  1907,  563  §§  7,  26;    1909,  490  IV  §  5,  527  §  8.    (See 

1904,  421.)    R.  L.  6,  15. 
Affected,  1906,  171.     §  1  amended,  1911,  90.     R.  L.  32. 
See  1908,  353.     R.  L.  204. 
§  1  amended,  1905,  124  §  1.     R.  L.  138. 
Superseded,  1911,  285.     (See  1907,  306.)    R.  L.  91. 
Repealed,  1904,  335;  1909,  504  §§  32,  145.     R.  L.  72,  208. 
Superseded,  1907,  503  §§  6,  26;   1909,  527  §  8.    (See  1907,  452;  1909, 

490  IV  §  6.)    R.  L.  15. 
Superseded,   1907,  560  §§  69-76.     (See  1903,  474;    1904,  245,  294; 

1905,  318;  1906,  291,  444;  1907,  387,  429.)    R.  L.  11. 
§  2  revised,  1904,  244  §  1.     R.  L.  47. 
§  1,  see  Res.  1905,  2.     R.  L.  0. 
Amended,  1907,  250  §  1;    1909,  421  §  1.     (See  1909,  362.)     Affected, 

1908,  484.     R.  L.  92. 
Affected,  1905,  211  §  1.     R.  L.  9. 
Superseded,  1904,  308.     (See  1906,  239.)     R.  L.  91. 
Superseded,  1906,  463  I  §§  62,  68.     (See  191 1,  635.)    R,  L.  1 U  . 
See  1904,  215;  1911,  384,  444.     R.  L.  38,  42. 
Repealed,  1907,  550  §  13.     R.  L.  104. 
§  1  amended,  1906,  415  §  1.     R.  L.  29. 
See  1909,  490  III  §  26.     R.  L.  14. 

Repealed,  1907,  560  §  456.     (See  1907,  429  §  13.)    R.  L.  11. 
Superseded,  1909,  514  §§  25,  26,  145;    1910,  63  §  1.     (See  1908,  228.) 

R.  L.  18,  19,  106. 
Repealed,  1909,  504  §  107.     R.  L.  87. 
Amended,  1911,  60.     R.  L.  10. 


Genekal  Laws.  1417 

Chap.  1903 

330  §§1,2, 3  amended,  1904, 220  §§1,2,  3.  Aflfected,  1906,  389.  R.  L.  46. 

331  §  1  amended,  1905,  205.  R.  L.  28,  48. 

332  §  1  amended,  1909,  407;  1910,  339.  (See  1904,  155;  1907,  576  §  35; 

1909,  294,  514  §  30;  1911,  111.)  R.  L.  119. 

334  In  part  superseded,  1906,  489.  §  1  amended,  1909,  181.  §§  1,  6 
aflfected,  1911,  175.  (See  1904,  356;  1906,  501;  1907,  137,  158, 
195;  1911,  456.)    R.  L.  83,  160. 

354     See  1906,  324.     R.  L.  225. 

356     See  1904,  246.     R.  L.  75. 

365  §  1  repealed,  1904,  433  §  3.  (See  1904,  370  §§1-3;  1908,  185;  1910, 
328.)    R.  I..  108. 

367  See  1906,  386;  1907,  180,  259;  1908,  307.     R.  L.  75. 

368  Superseded,  1907,  560  §§  217-228,  456.     (See  1905,  313  §  1.)    R.L.  11. 
377     Superseded,  1905,  465  §  31.    (See  1908,  604.)    R.  L.  16. 

383  §  3  amended,  1907,  464.     R.  L.  49. 

386  See  1904,  403;  1906,  523.     R.  L.  208. 

387  Superseded,  1904,  381  §  3,  cl.  4;   1909,  468  §  3,  cl.  4,  §  16.     R.  L.  79. 
395  Superseded,  1905,  157  §§  2,  5.     R.  L.  7. 

400    Repealed,  1909,  504  §  107.    (See  1904,  278;    1905,  458,  475;    1906, 

471;  1909,504  §71.)    R.  L.  87. 
402     Aflfected,  1909,  379.     R.  L.  84. 

407  See  1909,  396.     R.  L.  92. 

408  §  1  amended,  1911,  380  §  1.     §  2  amended,  1905,  209  §  1;    1911, 

380  §  2.     R.  L.  57. 
410     Superseded,  1909,  504  §§  94,  107.     (See  1911,  30.)    R.  L.  87,  100. 
412     §  2  in  part  superseded,  1904,  453  §  2.     R.  L.  100. 

420  Superseded,  1909,  468  §  1.     (See  1904,  381  §  1;   1907,  43.)    R.  L.  79. 

421  Superseded,  1907,  576  §§  7,  122.     R.  L.  118. 

423     In  part  repealed,  1906,  463  II  §§  41,  258  III  §  158.     §  1  aflfected, 

1910,  171  §§  1-6.     (See  1903,  437.)    R.  L.  109. 
425    Repealed,  1907,  560  §  456.     R.  L.  11. 

428     §  1  amended,  1909,  188.    (See  1909,  453.)    R.  L.  108. 

430  Superseded,  1907,  500  §§  19,  456.  (See  1904,  294  §  3;  1907,  429 
§  3.)    R.  L.  11. 

432     Repealed,  1907,  571  §  2.     R.  L.  65. 

437  Certain  old  corporations  authorized  to  adopt  this  act.  1910,  353. 
§  1,  amended,  1910,  385.  (See  1909,  490  III  §  39.)  §  2,  see  1907, 
414  §  2.  §  3,  see  1906,  433  §  4.  §  5,  see  1908,  163.  §  7  amended, 
1906,  286  §  1.  §§  9,  10,  see  1906,  463  II  §§  29,  30,  III  §§  10,  11; 
1909,  267  §  2,  439  §  2.  §  12,  see  1907,  282;  1908,  382.  §§  14, 
40,  see  1905,  189.  §  15,  see  1906,  463  II  §  45;  16,  see  1910,  171. 
§§  17,  IS,  see  1906,  463  II  §§  31,  32,  III  §§  12,  13;  1907,  282  §  1; 
1908,  180;  1911,  492.  §  20  amended,  1904,  207.  §§  20-32,  see 
1906,  463  II  §§  33-44,  III  §§  14-25.  §§  28-31  aflfected,  1910, 
171.  §  34  amended,  1911,  488  §  1.  §  36  amended,  1911,  488 
§  2.  §  39  repealed,  1911,  488  §  3.  §  40,  see  1908,  163,  534;  1909, 
316,  477.     §  42,  see  1908,  534.     §  45  et  seq.,  see  1907,  282,  329, 


1418  Changes  in  the 

Chap.  1903 

395,  586;  1908,  194;  1909,  441,  490  III  §§  40,  54,  55;  1911,  379. 
§  47  amended,  1908,  300  §  1;  1909,  326.  (See  1909,  490  III  §  55.) 
§§  48,  49  amended,  1909,  440  §  2.  (See  1909,  490  III  §  40;  1911, 
379.)  §  49  amended,  1906,  346  §  1.  §  50,  see  1907,  414  §  2.  §  52, 
see  1910,  187.  §  53  amended,  1905,  156.  §  56  et  seq.,  see  1906, 
269,  347,  372.  §  58  amended,  1905,  242.  (See  1906,  269,  372; 
1907,  332;  1909,  490  III  §  39.)  §  59,  see  1909,  490  III  §  58.  §  60, 
see  1906,  372;  1909,  490  III  §  54.  §§  65-68,  see  1909,  490  III  §  58. 
§  66  amended,  1905,  233.  §  67  amended,  1908,  300  §  2.  §  68 
revised,  1906,  346  §  2.  §  71,  see  1907,  329,  586;  1908,  193,  194. 
§§  71-87,  see  1904,  442;  1909,  490  III  §§  40-51,  68.  §  72  amended, 
1909,  440  §  2.  (See  1907,  395;  1908,  615.)  §  74  amended,  1904, 
261  §  1;  1906,  271  §  12.  (See  1908,  220;  1909,  490  III  §  43.) 
§  75  amended,  1907,  578.  §  77  amended,  1906,  271  §  13.  §  86 
amended,  1908,  614;  1909,  440  §  2.  (See  1906,  516  §  20.)  §  88 
amended,  1907,  396  §  1;  1908,  382.  §  89  amended,  1907,  396  §  2. 
§  91,  see  1909,  490  III  §  54.  §  94,  see  1905,  330.  (See  also  1905, 
222;  1906,  66,  377,  392,  437,  463  I  and  II;  1909,  267  §  2,  439 
§  2.)  R.  L.  14,  109,  110,  126. 
450  Repealed,  1907,  560  §§  166,  456.  (See  1903,  453,  454.)  R.  L.  11. 

453  Repealed,  1907,  560  §  456.  R.  L.  11. 

454  Repealed,  1907,  560  §  456.  (See  1903,  474  §  6;  1904,  41,  179,  293, 

377;  1905,  386;  1907,  429  §  14.)  R.  L.  11. 

455  §  1  amended,  1905,  218  §  2;  1907,  359;  1909,  174.     R.  L.  10. 

456  Affected,  1904,  107,  234;  1906,  200;  1908,  427.     R.  L.  39,  41. 

457  §§  1,  2  superseded,  1905,  465  §§  122,  123.    (See  1904,  371;    1905, 

391;  1908,  604.)    R.  L.  16. 
459    Extended,  1909,  103  §  1.     R.  L.  25. 

464  Superseded,  1909,  483  §  3.     R.  L.  58. 

465  See  1911,463.     R.  L.  28. 

467     Amended,  1907,  208.    (See  1908,  195.)    R.  L.  75. 

471  §  1  in  part  repealed,  1904,  458  §§  6,  7.     R.  L.  6,  79. 

472  §  2  superseded,  1907,  286.     §  3,  see  1904,  451  §  3;   1906,  276;   1908, 

259.     R.  L.  157,  165. 

473  Repeal  and  substitute,  1909,  534.  (See  1905,  311,  366;  1906,  353, 

412;  1907,  203,  408,  494,  580;  1908,  263,  467,  642,  648.)  R.  L. 
47  52  54  102. 

474  Repealed,  1907,  560  §  456.  (See  1904,  293;  1905,  386;  1906,  291, 

444.)  R.  L.  11. 

475  Superseded,  1909,  514  §§  86-90,  145.  (See  1907,  537  §  5;  1908, 

389.)  R.  L.  106,  108. 

476  Superseded,  1906,  463  III  §§  43,  158.  R.  L.  112. 

478  Superseded,  1906,  463  I  §§  37,  68.  (See  1905,  408.)  R.  L.  111. 

480  §  1,  see  1905,  344;  1909,  319.  R.  L.  Ki. 

481  Superseded,  1907,  35(1  (See  1908,  604.)  R.  L.  16. 

484  §§  2,  3  revised,  1906,  434  §§  1,2.  §  4  repealed,  1906,  434  §  3.  R.  L. 
6,  102. 


General  Laws.  1419 


Statutes  of  1904. 

Chap. 

41  Repealed,  1907,  560  §  456.  (See  1904,  179,  377.)  R.  L.  11. 

59  Superseded,  1906,  463  II  §§  233,  258.  (See  1905,  208.)  R.  L.  111. 

87  §  1  amended,  1906,  126  §  1.  R.  L.  3. 

88  Superseded,  1908,  507.  R.  L.  4. 

96  Superseded,  1906,  463  I  §§  2,  68.  R.  L.  111. 

99  Superseded,  1909,  490  III  §  2.  (See  1906,  322;  1907,  564  §  2;  1909, 

430  §  1.)  R.  L.  14. 

108  Amended,  1909,  464  §  2.  R.  L.  47. 

110  Superseded,  1906,  463  III  §§  80,  158.  R.  L.  112. 

116  §  1  amended,  1905,  81.  (See  1906,  239.)  R.  L.  91. 

118  See  1906,  239.  R.  L.  91. 

119  §  1  amended,  1909,  273  §  2.  R.  L.  24. 

120  See  1908,  386.  R.  L.  212. 
125  See  1907,  196.  R.  L.  25. 
127  See  1904,  283.  R.  L.  102. 

142  Amended,  1907,  241;  1910,  392.  R.  L.  102. 

152  §  1  amended,  1908,  290.  R.  L.  25. 

153  See  1908,  250  §  2,  464  §  1,  594;  1909,  136,  148.  R.  L.  21,  27. 

155  §  1  amended,  1909,  294.  (See  1907,  576  §  35;  1909,  514  §  30;  1910, 

339;  1911,  111.)  R.  L.  119. 
169  Superseded,  1906,  463  II  §§  256,  258.  R.  L.  111. 
179  Repealed,  1907,  560  §  456.  (See  1904,  377;  1905,  386  §  13;  1906, 

444  §  1.)  R.  L.  11. 
181  Amended,  1906,  271  §  11;  1909,  490  I  §  93.  R.  L.  12. 
183  See  1904,  450,  460  §  4.  R.  L.  102. 
194  Amended,  1911,  352.  R.  L.  32. 

200  See  1908,  590  §§  9,  10,  69.  R.  L.  116. 

201  Superseded,  1907,  560  §§  261,  456.  R.  L.  11. 

207  Affected,  1905,  222.  R.  L.  109,  110. 

208  Superseded,  1908,  590  §  68;  1909,  491  §  8.  R.  L.  113,  116. 

209  See  1908,  474.  R.  L.  9. 

210  Superseded,  1908,  590  §  68;    1909,  491  §  8.    (See  1906,  463  III  §§ 

150,  158.)    R.  L.  113,  116. 
217     §  1  amended,  1906,  73  §  1;  1907,  236  §  1.     R.  L.  146. 

219  Amount  increased,  1908,  319.     R.  L.  164. 

220  Affected,  1906,  389;  1909,  472.     R.  L.  46. 

224     In  part  superseded,  1906,  282;    1907,  251;    1910,  347.     (See  1910, 
316.)    R.  L.  220,  223. 

226  §  1  superseded,  1905,  465  §  153.    (See  1906,  139;   1908,  604.)    R.  L. 

16. 

227  See  1907,  550.     R.  L.  104. 

231     §  1  superseded,  1905,  465  §  83.     §  3,  see  1905,  465  §  84.    (See  1908, 
604.)     R.  L.  16. 

240  Superseded,  1907,  570  §§  60,  122.     R.  L.  118. 

241  §  1  affected,  1905,  459;  1906,  293;  1910,  360.     R.  L.  225. 


1420  Changes  in  the 

Chap.  1904 

242  Extended,  1911,  129.  R.  L.  102. 

243  See  1905,  258,  355;  190G,  243;  1911,  194.  R.  L.  225. 

244  See  1908,  462.  R.  L.  47. 

245  Repealed,  1907,  560  §  456.  (See  1905,  318;  1906,  291,  444;  1907, 

387.)  R.  L.  11. 

248  See  1905,  211.  R.  L.  125. 

257  Superseded,  1909,  504  §§  103,  107.     (See  1910,  345.)    R.  L.  87,  219. 

259  In  part  repealed,  1910,  258.     R.  L.  160. 

261  §   1   amended,   1906,  271    §   12.     (See  1904,  442;    1907,  586;    1909, 

490  III  §  43.)    R.  L.  12,  14. 

263  See  1905,  169;  1910,  123.     R.  L.  6. 

265  Superseded,  1906,  463  I  §§  7,  68.    (See  1906,  266.)    R.  L.  111. 

267  Superseded,  1906,  463  III  §§  102,  158.     R.  L.  112. 

269  §  6  amended,  1905,  265  §  1.     (See  1909,  469.)     R.  L.  91. 

274  §  1  amended,  1905,  348  §  1.     (See  1905,  344.)     R.  L.  30,  81. 

275  Superseded,  1907,  560  §§  121,  450.     (See  1907,  429  §  5.)     R.  L.  11. 
278  See  1905,  475  §  2;  1909,  504  §  09.     R.  L.  87. 

281  Increase,  1908,  374.     R.  I..  164. 

282  See  1907,  297;  1908,  270;  1909,  403,  469;  1910,  177.     R.  L.  91. 

283  Amended,  1911,  392.     R.  L.  102. 

286  §  1  amended,  1907,  442  §  3;    1909,  248;    1910,  266.     §  2  amended, 

1906,  265  §  1.     §  3  affected,  1908,  328;    in  part  repealed,   1909, 
331.     (See  1904,  455  §  1.)    R.  L.  164. 

287  Affected,  1907,  234.     R.  L.  165. 

293  Repealed,  1907,  560  §  456.     R.  L.  11. 

294  Superseded,  1907,  560  §§  19,  456.     (See  1907,  429  §  3.)    R.  L.  11. 

300  Superseded,  1907,  576  §§  43,  122.     R.  L.  118. 

301  §  1  affected,  1905,  281  §§  1,  2.     R.  L.  91. 
304    Repealed,  1907,  576  §  122.     R.  L.  118. 

307  Superseded,  1906,  257  §  1.     R.  L.  176. 

308  Limited,  1906,  239  §  2.     R.  L.  91. 

310  Superseded,  1907,  560  §§  415,  422,  456.     R.  L.  11. 

311  Superseded,  1909,  514  §§  21,  145.     R.  L.  106. 

313  Superseded,  1909,  514  §§  11-14,  145.     R.  L.  106. 

314  Limited,  1909,  453  §  2.     §  2  amended,  1905,  243.     (See  1905,  150; 

1906,  210  §  2;  1910,  500;  1911,  624.)    R.  L.  19,  106. 

315  Superseded,  1909,  514  §§  44,  145.     R.  L.  26,  106. 

317  See  1904,  443  §§  2,  6;   1905,  266,  390.     R.  L.  28,  48,  49. 

318  See  1908,  185,  568.     R.  L.  108. 

319  See  1911,  176  §  2.     R.  L.  220. 

320  Repealed,  1909,  514  §  145.     Re-enacted,  1910,  63  §  1.     R.  L.  167. 
322  Affected,  1910,  624  §  1.     R.  L.  25. 

327     §  1,  see  1907,  130.     R.  L.  25. 

333  Affected,  1905,  383;   1907,  550.     R.  L.  104. 

334  Superseded,   1909,   514   §§  45,    145.     (See   1907,   560   §§  447,  456.) 

R.  L.  11,  106. 

335  Superseded,  1909,  514  §§  31,  32,  145.     (See  1907,  232  §  3.)    R.  L. 

72,  208. 


Geneiial  Laws.  1421 

Chap.  1904 

336  §  1  amended,  1905,  426  §  1.  ■  R.  L.  101. 

343  Superseded,  1909,  514  §§  28,  29,  145.  R.  L.  106. 

344  §  1,  see  1910,  130  §  2.  §  2  revised,  1905,  144  §  1.  R.  L.  25. 

347  Superseded,  1909,  514  §§  101,  145.  R.  L.  106. 

348  See  1905,  110;  1906,  187.  R.  L.  165. 

349  Superseded,  1909,  514  §§  23,  145.  R.  L.  106. 

350  §  1,  see  1909,  184.  R.  L.  204. 

353  In  part  superseded,  1906,  291  §§  8,  10.  R.  L.  102,  108. 

356  See  1906,  413,  489,  501;  1907,  137,  158,  195;  1911,  175,  456.  R.  L. 

46,  83,  212. 

357  Superseded,  1906,  463  I  §§  9,  10,  68.  R.  L.  111. 

361  §  1  superseded,  1905,  465  §§  90,  157;  468  §  1.  (See  1905,  468  §  2; 

1908,  604.)  R.  L.  16. 

363  §  1,  see  1905,  464.  R.  L.  225. 

364  Repealed,  1905,  417  §  2.  R.  L.  25,  91. 

366  Repealed,  1907,  161.  (See  1905,  406;  1906,  303;  1907,  166;  1908, 

413;  1909,  466.)  R.  L.  92. 

367  §  1  amended,  1910,  548.  (See  1906,  179  §  2;  1907,  198,  299;  1908, 

255.)    R.  L.  91. 

368  See  1907,  550.     R.  L.  104. 

370  §§  1-4  revised,  and  new  sections  added,  1905,  280;    §  3  amended, 

1905,  280  §  1;    1908,  502  §  1;    1910,  223  §  2.     Affected,  1911,  477. 
(See  1910,  284.)    R.  L.  32,  102. 

371  §  1  superseded,  1905,  465  §  112.    (See  1905,  391;   1908,  604.)    R.  L. 

16. 

372  §  2,  see  1904,  453  §  1;  1906,  248.  R.  L.  160. 

373  Superseded,  1906,  463  II  §§  117-121,  158.  R.  L.  112. 

374  §  3  superseded,  1906,  204  §§  5-7.  (See  1908,  590  §  4.)  §§  3-6,  see 

1909,  491  §§  2,  3;  1911,  148.  §  7  superseded,  1908,  520  §§  8,  9; 

1910,  377.  (See  1905,  331  §  1;  1906,  204;  1909,  342;  1910,  399; 

1911,  389.)  R.  L.  116. 

375  Superseded,  1907,  560  §§  326-329,  333,  456.  R.  L.  11. 
377  Repealed,  1905,  386  §  18.  (See  1907,  560.)  R.  L.  11. 

380  Repealed,  1907,  560  §  456.  R.  L.  11. 

381  Superseded,  1909,  468.  (See  1907,  43,  354;  1908,  405.)  R.  L.  79. 

382  See  1908,  389;  1911,  675.  R.  L.  108. 

383  §  1  amended,  1905,  260  §  1.  R.  L.  40. 

385  Superseded,  1909,  490  I  §  12.  R.  L.  12. 

386  §  1  superseded,  1906,  416  §  1.  R.  L.  128. 

387  Amount  increased,  1909,  363.  R.  L.  164. 

388  See  1907,  66.  R.  L.  89. 

392     Affected,  1906,  204.     R.  L.  113,  114. 

395  §  1  amended,  1909,  391  §  1.     (See  1906,  225,  365;    1907,  183,  386; 

1908,  598;  1909,  292,  380.)    R.  L.  75,  84. 

396  In  part  superseded,  1906,  463  I  §  66,  III  §§  85,  158.    (See  1908,  495.) 

R.  L.  112,  209. 

397  Superseded,  1909,  514  §§  47,  145.  (See  1906,  284  §  2.)  R.  L.  106. 
399  Superseded,  1909,  514  §§  10,  145.  R.  L.  106. 


1422  Changes  in  the 

Chap.  1904 

401     §  1  extended,  1905,  92  §  1.     §  2  affected,  1906,  59.     (See  190S,  110 

§  2.)    R.  L.  164. 
403     See  1906,  523  §  1.     R.  L.  12. 

409  §  1  amended,  1907,  473  §  1;    1909,  263  §  1.     §  3  amended,  1905,  211 

§  1.  §  5,  see  1910,  236.  §  6  amended,  1907,  473  §  2.  AflFected, 
1907,  475  §§  1,  4,  8;  1908,  209  §§  3,  4,  478.  (See  1909,  214,  452.) 
R.  L.  28,  89. 

410  Amended,  1908,  462  §  3.     R.  L.  9. 

414    Superseded,  1909,  436.     (See  1908,  460.)    R.  L.  89. 

421     Superseded,   1907,  563  §§  7,  26;    1908,  624;    1909,  527  §  8.     (See 

1909,  490  IV  §  7.)    R.  L.  15. 

427     Affected,  1906,  204;  1908,  590  §§  4-6.     R.  L.  113,  117. 

429  Superseded,  1906,  463  I  §§  3,  68.     R.  L.  111. 

430  Age  limit,  1906,  522;   1907,  451;   1908,  375.     (See  1908,  389.)    R.  L. 

108. 

432  Superseded,  1909,  514  §§  59,  145.  (See  1905,  213;  1906,  284;  1907, 

224.)  R.  L.  106. 

433  §  1  in  part  repealed,  1905,  247  §  2,  461  §  2.  (§  2,  see  1908,  389;  1909, 

432;  1910,  328,  588;  1911,  675.)  R.  L.  108. 

439  Superseded,  1905,  465  §  14.     (See  1908,  604.)    R.  L.  16. 

440  Superseded,  1907,  139  §  2.     R.  L.  6. 

441  Superseded,  1906,  463  III  §§  41,  158;  1907,  402.     R.  L.  112. 

442  §  1  superseded,  1909,  490  I  §  84.     Amended,  1909,  440  §  2.     §  2 

superseded,  1909, 490  III  §  46.     (See  1907, 395 ;  1908,  220.)    R.  L.  14. 

443  Extended,  1905,  390.     (See  1905,  266.)    R.  L.  25,  28,  48. 

446  §  1  amended,  1907,  226.  §  9  superseded,  1909,  497.  §  13  amended, 
1905,  128.     R.  L.  83,  87. 

448  §  1,  see  1906,  50,  344.  §  3  in  part  repealed,  1910,  560  §  5.  (See 
1905,  249  §  5,  288.)  §  6,  see  1905,  195.  §  8  revised,  1910,  560 
§  6.     §  9  amended,   1905,  286.     §   10  amended,   1905,  249   §   1; 

1910,  560  §  3.  §  11  added,  1905,  291.  (See  1905,  249  §  4,  296.) 
R.  L.  128. 

450  §§  1,  3,  4  affected,  1906,  105  §  1;    1908,  335.     §  2  superseded,  1905, 

342  §  1.     (See  1904,  460  §  4;    1908,  385  §  2;    1910,  143.)     §  4,  see 

1905,  176;  1908,  381.  §  7  repealed,  1905,  342  §  3.  §  8,  see  1906, 
105  §  2.  §  10,  see  1906,  105  §  4.  §  15,  see  1905,  341  §  1;  1907, 
274;  1908,  385  §  2.     R.  L.  102. 

451  §  1  affected,  1911,  299.    Amended,  CI.  C,  1905,  179.    CI.  G,  1910, 537. 

CI.  I,  1906,  290  §  1.     §  3  in  part  superseded,  1905,  380;  1907,  145 
§  2,  253;    1909,  232.     (See  1902,  499  §  1;    1906,  276  §  1;    1908, 
259;  1909,  398.)    R.  L.  20,  21,  165. 
453     Affected,  1905,  339;  1909,  357;  1910,501.     §  1  amended,  CI.  B  and  C, 

1906,  165.  CI.  C  and  D,  1908,  323;  1911,  414  §  2.  CI.  E,  1906, 
325  §  1.  CI.  F,  1906,  325  §  2;  1907,  128  §  1.  CI.  H,  1905,  443 
§  1;    1907,  128  §  2.     (See  1905,  133,  192.)    CI.  I.  1905,443  §2; 

1907,  128  §  3.  CI.  D  and  E  affected,  1909,  357.  (See  190(),  351.) 
§  2  repealed,  1907,  128  §  4.  §  5,  see  1910,  370.  §  6,  see  1905,  339 
§  2.     R.  L.  160. 


Genekal  Laws.  1423 

Chap.  1904 

454  §  1  in  part  superseded,  1906,  449  §  1,  450  §  1.  (See  1909,  434.)  R.  L. 

160. 

455  §  1  amended,  1906,  265  §  1;    1907,  207  §  1,  442  §§  4,  5;    1911,  668. 

(See  1908,  110  §  2;  1911,  710.)    R.  L.  164. 

458  §  5,  see  1909,  49.     R.  L.  165. 

459  Superseded,  1909,  504  §§  29,  41,  48.    (See  1905,  447.)    R.  L.  87. 

460  §  1  superseded,  1908,  385  §  2;    1909,  189.     §  2  affectetl,  1908,  333, 

343;  1909,  420.  §  4  superseded,  1908,  385  §  2.  (See  1905,  341 
§  1;  1907,  274  §  1;  1908,  335.)  §  5  amended,  1907,  309;  1909, 
254.    R.  L.  98,  102. 

Statutes  of  1905. 

73  Superseded,  1908,  477;  1909,  309.    (See  1906,  482  §  1.)    R.  L.  92. 

79  See  1910,  262.     R.  L.  161. 

80  Superseded,  1906,  463  III  §§  4,  5,  158.  R.  L.  112. 

81  See  1906,  239.  R.  L.  91. 
92  See  1900,  59.  R.  L.  164. 

110  Superseded,  1906,  187;  1909,  235.  (See  1906,  180;  1911,  150.)  R.  L. 

165,  217. 

111  Superseded,  1907,  560  §§  247,  456.  R.  L.  11. 
115  See  1909,  208.  R.  L.  81. 

122  See  1908,  441.  R.  L.  92. 

127  §  1  amended,  1907,  169  §  3.    (See  1908,  116.)    R.  L.  145. 

134  Repealed,  1906,  463  III  §§  86,  158.     R.  L.  112. 

149  Superseded,  1907,  139  §  2,  276.     R.  L.  6. 

150  Amended,  1910,  500.     (See  1907,  458.)    R.  L.  19. 

154  Superseded,  1910,  421  §  2.     (See  1908,  342.)    R.  L.  10. 

157  §  1  amended,  1910,  369;    1911,  485.     §  2,  see  1910,  310  §  2.     §  3 

superseded,  1906,  460  §  2.     R.  L.  7. 

159  Superseded,  1907,  474  §§  1,  15.     R.  L.  87,  89. 

163  Amount  increased,  1908,  349.     R.  L.  21. 

175  Superseded,  1909,  504  §§  95,  96.    (See  1908,  195.)    R.  L.  87. 

176  Extended,  1905,  437.     Superseded,  1908,  566.    (See  1909,  281;  1911, 

48.)    R.  L.  104. 

190  Superseded,  1909,  377.     R.  L.  91. 

191  Superseded,  1907,  576  §§  102,  122.     R.  L.  118. 

193  Superseded,  1909,  490  II  §  44;  1911,  370.    R.  L.  13. 

202  Repealed  and  superseded,  1908,  317,  604  §  174.     (See  1905,  465  § 

157.)    R.  L.  16. 

204  Superseded,  1907,  571  §  1.     (See  1908,  208.)    R.  L.  65. 

206  §  1  amended,  1911,  83.     R.  L.  100. 

208  Superseded,  1906,  463  II  §§  234,  258.    R.  L.  111. 

209  Amended,  1911,  380  §2.     R.  L.  57. 

210  Superseded,  1906,  463  II  §§  233,  258.     R.  L.  111. 

211  §§  1,  6  et  seq.,  see  1906,  235  §  1.     §  3  superseded,  1907,  139  §  1.     (See 

1908,  195,  414.)  §  4  amended,  1908,  630.  §  5,  see  1908,  597  §§ 
4,  5.     §  11  superseded,  1911,  154.     R.  L.  6,  75,  84. 


1^24:  Changes  in  the 

Chap.  1905 

213  Superseded,  1909,  514  §§  59,  145.  (See  1905,  267  §  2;  1907,  224 

§  1.)  R.  L.  106. 
216  §  1  superseded,  1906,  275  §  1.  R.  L.  125. 
218  §  1  amended,  1909,  174.  §  2  amended,  1907,  359;  1909,  174.  R.  L. 

10. 
220  Superseded,  1910,  541.  R.  L.  75,  213. 
231  Superseded,  1909,  514  §§  55,  145.  (See  1908,  547.)  R.  L.  106,  224. 

235  Affected,  1909,  295.  R.  L.  225. 

236  §  1  amended,  1906,  305  §  1.  R.  L.  75. 

238  Superseded,  1909,  514  §§  106,  145.  (See  1907,  537  §  5.)  R.  L.  106. 

242  See  1906,  269,  372.  R.  L.  126,  167. 

243  §  1,  see  1906,  210  §  2;  1911,  624.  R.  L.  19,  108. 
245  See  1910,  545  §  3.  R.  L.  92. 

247  See  1905,  461;  1911,  675.  R.  L.  108. 

249  §  1  amended,  1910,  560  §  3.  (See  1905,  288;  1906,  50,  344.)  R.  L. 

128. 

250  Superseded,  1908,  590  §  68;  1909,  491  §  8.  R.  L.  113. 

251  §  1  amended,  1907,  480;  1910,  269;  §  2  amended,  1907,  480  §  1. 

R.  L.  75. 
263  §  2  amended,  1909,  33.  R.  L.  156,  157. 
265  See  1909,  469.  R.  L.  91. 
267  Superseded,  1909,  514  §§  56,  145.  (See  1906,  284,  499;  1907,  224.) 

R.  L.  106. 
269  Amended,  1911,  500.  R.  L.  83. 
271  Superseded,  1910,  538;  1911,  305.  R.  L.  173. 
273  See  1906,  274,  301.  R.  L.  92. 

279  §  1  revised,  1908,  297  §  1.  §  2,  see  1908,  296  §  2;  1910,  321.  §  3 

amended,  1908,  297  §  2.  (See  1908,  296  §  4.)  R.  L.  47,  53. 

280  Extended,  1910,  588.  Affected,  1911,  477.  §  1  amended,  1908,  502 

§  1;  1910,  223  §  1.  §  2  amended,  1910,  223  §  2.  (See  1910,  284, 

588.)  R.  L.  102. 
282  Superseded,  1908,  629;  1909,  504  §  1.  R.  L.  87. 
284  See  1911,  77.  §  1  amended,  1911,  88.  R.  L.  100. 

287  Superseded,  1907,  576  §§11,  122.  R.  L.  118. 

288  In  part  repealed,  1910,  560  §  2. 

289  §  1  superseded,  1909,  301;  1911,377.  (See  1908,  294  §  2.)  R.  L.  76. 
295  Amended,  1906,  329;  1907,  261;  1910,  332;  1911,  116.  R.  L.  217. 
298  §§  1,  2  superseded,  1905,  465  §  120;  1906,  469  §  1,  504  §  9;  1907, 

526  §  11.  (See  1908,  604.)  R.  L.  16. 
304  Superseded,  1909,  514  §§  115-118,  145.  R.  L.  106. 

307  Superseded,  1911,  456.  (See  1905,  338;  1906,501;  1907,563;  1908, 

104  §  1;  1909,  180.)  R.  L.  212,  220. 

308  Superseded,  1909,  514  §§  121-123,  145;  1910,  563;  1911,  727  §  22. 

(See  1906,  390;  1908,  605  §§  7,  8;  1909,  317.)  R.  L.  106,  189. 
310  §  1  amended,  1911,  562  §  3.  §  2  superseded,  1907,  373  §  2;  1911, 
562  §  4.  (See  1906,  387,  414;  1907,  465:  1908,  563.)  R.  L.  102, 
105. 


General  Laws.  1425 

Chap.  1905 

311     Repeal  and  substitute,  1909,  534.     (See  1905,  366;    1906,  353,  412; 

1907,  203,  408,  494,  580;    1908,  263,  467,  642,  648.)    R.  L.  47,  52, 

54,  102. 
313     Superseded,  1907,  560  §§  226,  227,  456.     R.  L.  11. 

317  Repeal  and  substitute,  1911,  614.     (See  1907,  198;  1908,  402;  1909, 

262;  1910,  614;  1911,  235.)     R.  L.  92,  102. 

318  Superseded,  1907,  560  §§  73,  418.  (See  1906,  291  §  18,  444  §  12; 

1907,  387.)  R.  L.  11. 
320  §  1  amended,  1906,  383.  (See  1911,  241.)  R.  L.  44. 

322  Superseded,  1911,  270.  R.  L.  21. 

323  See  1909,  494.  R.  L.  164. 

325  Superseded,  1909,  490  II  §§  59,  61,  76.  (See  1908,  226.)  R.  L.  13. 

326  Affected,  1906,  224;  1909,  115.  R.  L.  144. 

330  §  2  amended,  1908,  269.  (See  1909,  504  §  22.)  R.  L.  87,  175. 

331  Superseded,  1908,  520  §§  8,  9;  1910,  377,  399.  R.  L.  116. 

332  Superseded,  1907,  231.  R.  L.  21. 

338  Affected,  1906,  501  §  3;  1911,  456.  (See  1908,  104.)  R.  L.  220. 

339  Superseded,  1910,  501.  R.  L.  160. 

341  Superseded,  1908,  385  §  2.  (See  1907,  274;  1908,  335.)  R.  L.  102. 

342  §  1  amended,  1906,  105  §  1;  1908,  335;  1910,  143.  R.  L.  102,  104. 
344  See  1905,  348.  R.  L.  30,  81. 

354  Superseded,  1909,  504  §§  49,  107.  R.  L.  87. 

355  See  1906,  243,  302;  1908,  230;  1911,  194.  R.  L.  223,  225. 

366  Superseded,  1909,  534  §§  17,  31.  (See  1906,  353,  412;  1908,  263, 

467.)  R.  L.  25,  47,  52. 

367  In  part  repealed,  1907,  563  §§  6,  26;  1909,  527  §§  7,  8.  (See  1908, 

624;  1909,  490  IV  §  6.)  R.  L.  15. 

369  §  1  amended,  1908,  434.  (See  1907,  466;  1908,  178;  1909,  218, 

514  §  15.)  R.  L.  6. 

370  §  1;   see  1907,  340  §  2;    1908,  590  §  57.     §  2  superseded,  1910,  645. 

(See  1908,  288;  1909,  204  §  1;  1910,  555  §  3.)    R.  L.  201. 

375  Amended,  1911,  268  §  2.     R.  L.  44. 

376  Superseded,  1906,  463  III  §§  74,  158.    (See  1906,  339.)    R.  L.  112. 

377  Superseded,  1906,  345.     R.  L.  65. 

380  See  1908,  259.     R.  L.  165. 

381  Affected,  1907,  521.  §  2  superseded,  1909,  263  §  2.  §  3  amended, 

1906,  268  §  1;  1908,  591  §  1.  §§  3-6,  9,  11  in  part  superseded, 
1909,  263  §  2.  §  4  revised,  1906,  268  §  2;  1907,  521  §  1;  1910, 
150.  §  5  amended,  1906,  268  §  3;  1907,  521  §  2;  1911,  474.  §  6 
amended,  1906,  268  §  4;  1908,  591  §  2.  §  7  amended,  1906,  268 
§  5;  1907,  521  §  3;  1911,  242.  §  11  amended,  1906,  268  §  6.  §  12 
amended,  1907,  521  §  4.  R.  L.  28,  75,  89,  101. 

383  See  1907,  550.  R.  L.  104. 

386  Repealed,  1907,  560  §  456.  (See  1905,  397;  1906,  298.)  R.  L.  11. 

391  §  1  superseded,  1905,  465  §  112.  (See  1908,  604.)  R.  L.  16. 

397  Repealed,  1907,  560  §  456.  (See  1906,  444.)  R.  L.  11. 

400  Superseded,  1909,  504  §§  14,  107.  (See  1906,  316.)  R.  L.  87. 


1426  Changes  in  the 

1905 

Superseded,  1907,  576  §§  32,  122.  R.  L.  118. 

Superseded,  1908,  441.  (See  1906,  303;  1907,  161;  1909,  272;  1910, 

365.)  R.  L.  92. 
Affected,  1908,  417.  R.  L.  91. 
Superseded,  1906,  463  I  §§  32,  36,  37.  R.  L.  111. 
§  4  amended,  1906,  411  §  1;  1908,  486.  R.  L.  34. 
See  1907,  335.  R.  L.  217. 

Superseded,  1910,  472.  (See  1907,  99;  1909,  508  §§  1,  3.)  R.  L.  92. 
See  1908,  187  §  2;  1910,  651;  1911,  10.  R.  L.  102. 
Superseded,  1909,  396.  (See  1907,  307;  1908,  377;  1909,  362.) 

R.  L.  92. 
Affected,  1908,  493.  Extended,  1910,  338  §  1.  §  1  superseded,  1907, 

377  §  1.  (See  1906,  408  §  1.)  §  2  revised,  1911,  358.  (See  1906, 

408  §  2.)  §  5  repealed,  1909,  287  §  1,  450.  (See  1906,  408  §  3; 

1907,  377  §  7.)  R.  L.  70,  109,  111,  115. 
Superseded,  1909,  504  §§  45,  46.  R.  L.  87. 
See  1911,  194.  R.  L.  208,  225. 
Superseded,  1909,  504  §  75.  R.  L.  87. 
See  1909,  504  §§  7,  11,  33.  R.  L.  87. 

Superseded,  1908,  566.  (See  1909,  281;  1911,  48.)  R.  L.  104. 
§  1  amended,  1907,  128  §  2.  §  2  amended,  1907,  128  §  3.  R.  L.  160. 
Superseded,  1908,  330.  (See  1907,  300.)  R.  L.  92. 
Superseded,  1909,  504  §  29.  R.  L.  87. 
Superseded,  1909,  504  §§  71-74.  R.  L.  87. 
See  1906,  293;  1910,  360.  R.  L.  225. 
§  1,  see  1911,  675.  R.  L.  108. 
Repealed,  1908,  604  §  209  and  revised  by  1908,  604.  (See  1906, 

198,  212,  273,  373,  423,  469,  504;  1907,  232  §  4,  305,  356,  526; 

1908,  315,  317,  344,  354,  371,  434.) 
See  1908,  604  §  174.     R.  L.  16. 
Superseded,  1907,  563  §§  1,  26;   1909,  490  IV  §  1,  527  §§  1,  8.     (See 

1906,  436  §  1;  1907,  452;  1908,  624.)    R.  L.  15. 
§  1,  see  1906,  387;   1907,  465  §§  1,  14.     §  2,  see  1907,  465  §§  10,  11, 

19.     §  3,  see  1907,  465  §  28,  537  §  5;    1908,  389,  563.     R.  L.  105, 

108. 
§  6  amended,  1910,  390.     R.  L.  76. 
Affected,  1909,  250.     R.  L.  81,  84,  85. 
Superseded,  1909,  504  §  49.     (See  1906,  471  §  1.)    R.  L.  87. 

Statutes  of  1906. 

50     §  1,  see  1906,  344.     R.  L.  128. 

66  §  1  affected,  1906,  204  §  3,  347;    1908,  590  §  9.     (See  1909,  491.) 

R.  L.  113,  115,  116. 

67  See  1907,  225.     R.  L.  22. 

73     §  1  amended,  1907,  236  §  1.     R.  L.  146. 

76    Superseded,  1907,  560  §§  348,  456.     R.  L.  11. 


General  Laws.  1427 

Chap.  1905 

105     §  1,  see  1908,  335;  1910,  143.     R.  L.  102,  104. 
107     Superseded,  1907,  355;  1910,  532.     R.  L.  102. 

116  §  3  amended,  1908,  435  §  1.     §  4  repealed,  1908,  435  §  2.     R.  L.  56, 

213. 

117  Superseded,  1911,  509  §  2.     R.  L.  122. 

120    Amended,  1908,  525  §  1.    (See  1906,  281;   1909,  261  §  5.)    R.  L.  76, 

100. 
141     §  1  amended,  1911,  18  §  1.    (See  1909,  362,  421.)    R.  L.  92. 
147     See  1911,  322.     R.  L.  165. 
151     Amended,  1910,  419.     R.  L.  65. 
159     Amended,  1907,  344;  1910,  608.     R.  L.  19. 
165     §  1  superseded,  1908,  150.    (See  1907,  410  §  1.)    §  2  amended,  1907, 

410  §  2.     R.  L.  75,  213. 

172  §  1  amended,  1911,  548  §  1.  §  2  amended,  1908,  350  §  1,  583;  1911, 

548  §  2.  R.  L.  211,  214. 

173  §  2  amended,  1908,  350,  583.     R.  L.  211,  214. 
175     Affected,  1909,  115.     R.  L.  144. 

179  Repealed,  1908,  488  §  3.     (See  1910,  548.)    R.  L.  91. 

180  See  1909,  235.     R.  L.  217. 

184  Superseded,  1909,  504  §  5.  R.  L.  87. 

185  See  1907,  363;  1908,  133;  1909,  302.  R.  L.  212. 
187  Limited,  1909,  235.  (See  1911,  150.)  R.  L.  217. 

190  Amended,  1906,  291  §  4.  (See  1906,  384.)  R.  L.  102. 
195  Repeal  and  substitute,  1908,  348.  R.  L.  160. 

198  Superseded,  1908,  604  §  170.  (See  1907,  232  §  4;  1908,  354.)  R.  L. 
16. 

200  §  1  amended,  1908,  427.  Affected  1911,  375.  (See  1906,  399;  1907, 

213;  1911,  731.)  R.  L.  39,  42. 

201  See  1911,  70.  R.  L.  189. 

204  Superseded,  1908,  590  §§  2-7,  69.  (See  1906,  347,  377;  1908,  414, 
520  §§  10-13;  1909,  419,  491  §  2;  1910,  399;  1911,  148.  R.  L. 
113,  114,  115. 

210  §  1  amended,  1907,  272.  (See  1911,  624.)  R.  L.  19,  108. 

212  Superseded,  1908,  604  §§  95-97.  (See  1906,  504  §  6;  1907,  305  §  2.) 
R.  L.  16. 

215  See  1907,  394.  R.  L.  62. 

218  See  1906,  463  III  §  60.  R.  L.  34. 

219  §  2,  see  1909,  160.  R.  L.  187. 
221  Amended,  1911,  160.  R.  L.  217. 

223  Amended,  1909,  237  §  1.  (See  1907,  490  §  1;  1911,  150.)  R.  L.  197. 

224  See  1909,  115.  R.  L.  144. 

225  Superseded,  1906,  365  §  1.  (See  1907,  183,  386.)  R.  L.  75. 
235  See  1908,  195.  R.  L.  6. 

239  See  1908,  492.  R.  L.  91. 

241  Superseded,  1910,  533  §  2.  (See  1909,  328;  1910,  533;  1911,  101.) 

R.  L.  92. 
243  See  1906,  302;  1911,  194.  R.  L.  225. 


1428  Changes  es^  the 

Chap.  1906 

250  Superseded,  1909,  514  §§  102,  145.  (See  1907,  537.)  R.  L.  106. 
263  Superseded,  1909,  377.  R.  L.  91. 

266  Superseded,  1906,  463  I  §  7,  III  §  158.  Extended,  1908,  599.  R.  L. 

111. 

267  Superseded,  1906,  463  I  §  6,  III  §  158.  R.  L.  111. 

268  §  1  amended,  1908,  591  §  1.  (See  1909,  263.)  §  2  superseded,  1907, 

521  §  1;  1910,  150.  §  3  amended,  1907,  521  §  2;  1911,  474.  §  4 
■  amended,  1908,  591  §  2.  §  5  amended,  1907,  521  §  3;  1911,  242. 
R.  L.  25,  28,  101. 

269  Extended,  1911,  70.  R.  L.  189. 

271  §  1  superseded,  1909,  490  III  §  4.  (See  1906,  516;  1908,  468.)  §  2 
superseded,  1909,  490  III  §  19.  §  3  superseded,  1909,  490  III 
§  21.  (See  1907,  246;  1909,  342.)  §  4  superseded,  1909,  490  III 
§  22.  (See  1909,  342  §  2.)  §  5  superseded,  1909,  490  III  §  24. 
§  6  superseded,  1909,  490  III  §  34.  §  7  repealed,  1907,  576  §  122. 
§  8,  see  1909,  490  III  §  35.  §  9,  see  1909,  490  III  §  43.  §  10 
superseded,  1909,  490  III  §  37.  (See  1909,  490  III  §  57.)  §  11 
superseded,  1909,  490  I  §  93.  §  12,  see  1909,  490  III  §  43.  (See 
1906,  516  §21;  1908,  586.)  §  13,  see  1909,  490  III  §  57.  R.  L.  12, 
14,  111. 

273  Superseded,  1908,  604  §  20.  R.  L.  16. 

274  §  1  amended,  1911,  39.  (See  1909,  421.)  R.  L.  92. 
276  See  1908,  259.  R.  L.  165. 

278  Superseded,  1910,  533  §  3.  (See  1909,  328;  1911,  101,  118  §  3.) 
R.  L.  92. 

281  §  2  amended,  1909,  261  §  2.  (See  1907,  140,  190,  308.)  R.  L.  76,  100. 

282  §  1  superseded,  1907,  251  §  1.  (See  1910,  316,  347.)  R.  L.  220,  223, 

225. 

283  Superseded,  1906,  463  II  §§  169,  258.  R.  L.  111. 

284  Superseded,  1909,  514  §§  56,  145.  (See  1907,  224.)  R.  L.  106. 
288  See  1907,  297;  1908,  270;  1909,  403,  469.  R.  L.  91. 

291  §  2  in  part  repealed,  1909,  387  §  2.  §  4  amended,  1907,  214;  1910, 

383.  (See  1906,  384.)  §  10  amended,  1909,  221.  §  13  amended, 
1909,  311.  §  18  amended,  1907,  387.  (See  1906,  444  §  12.)  R.  L. 
11,  100,  102. 

292  Superseded,  1911,  234.  R.  L.  92. 

293  See  1910,  360.  R.  L.  225. 

296  Repealed,  1909,  371  §  10.  (See  1907,  79;  1908,  481;  1909,  371 

§§  2,  6.)  R.  L.  9,  107. 

298  Superseded,  1907,  560  §§  352,  456.  R.  L.  11. 

301  Superseded,  1909,  421.  R.  L.  92. 

302  See  1908,  230.  R.  L.  225. 

303  Superseded,  1908,  441.  (See  1909,  272,  422;  1910,  365.)  R.  L.  92. 
309  Superseded,  1907,  489;  1909,  504  §  65.  (See  1906,  508.)  R.  L.  87. 
311  Superseded,  1907,  560  §§  311,  456.  R.  L.  11. 

313  Superseded,  1909,  504  §§  14,  107.  R.  L.  87. 

314  Superseded,  1909,  377.  R.  L.  91. 


General  Laws.  1429 

Chap.  1906 

315  Superseded,  1909,  490  I  §  5.  (See  1906,  481;  1907,  367.)  R.  L.  12. 

316  Superseded,  1909,  504  §§  54,  107.  R.  L.  87. 

322  Superseded,  1909,  490  III  §  2.  (See  1907,  564  §  2;  1908,  550  §  1; 

1909,  430  §  1.)  R.  L.  14. 

323  See  1909,  521;  1910,  462.  R.  L.  62. 

324  See  1909,  504  §  103.  R.  L.  85,  87. 

325  §  2  amended,  1907,  128  §  1.  R.  L.  160. 

329  Amended,  1907,  261;  1910,  332;  1911,  116.  R.  L.  217. 

334  See  1909,  526.  R.  L.  76. 

339  Superseded,  1906,  463  III  §§  76,  158.     R.  L.  112. 

341  See  1908,  598.     R.  L.  84. 

342  §  2  amended,  1910,  555  §  4.  §  3  affected,  1908,  177;  amended,  1911, 

212.  (See  1908,  516;  1909,  236.)  R.  L.  173. 
344  §  3  amended.  1910,  560  §  7.  R.  L.  128. 
347  §  1  superseded,  1910,  343.  (See  1908,  590  §§  4-17;  1910,  399.) 

R.  L.  115. 
349  Superseded,  1909,  490  III  §  70.  R.  L.  14. 

352  Superseded,  1909,  504  §  58.  (See  1907,  432.)  R.  L.  87. 

353  Repealed,  1909,  534  §  31.  (See  1906,  412;  1907,  494,  580;  1908,  263, 

648.)  R.  L.  47,  52,  54,  102. 
356  Superseded,  1910,  460.  R.  L.  91. 
365  §  1  amended,  1907,  445;  1911,  613.  (See  1907,  183,  386,  474;  1909, 

391.)  R.  L.  75. 

369  See  1909,  514  §  15.  R.  L.  6. 

370  Superseded,  1909,  514  §§  128,  145.  (See  1908,  380,  457.)  R.  L.  106. 

371  §  1  amended,  1907,  215.  R.  L.  44. 

372  See  1909,  490  II  §  81,  III  §  58.  R.  L.  13. 

373  Superseded,  1908,  604  §  103.  R.  L.  16. 

377  Superseded,  1908,  590  §§  16,  69;  1909,  491  §  4.  (See  1907,  533; 

1910,  399.)  R.  L.  113,  115. 
383  See  1911,  241.  R.  L.  44. 

385  Amended,  §  9  added,  1907,  173.  §  2,  see  1909,  371  §  2.  R.  L.  83, 

84,  107. 

386  §§  1,  2  superseded,  1907,  259  §§  1,  3.  §§  3,  4,  5  repealed,  1910,  387 

§  11;  1911,  341.  (See  1907,  180,  259  §  2;  1908,  307,  525;  1909, 
375  §  2;  1910,  271.)  §  6,  see  1910,  387  §  5,416;  1911,  289,  341, 
372.  R.  L.  75,  213. 

387  See  1906,  521,  522;  1907,  373,  465;  1908,  563.  R.  L.  105. 

389  See  1906,  413,  489;  1911,  176  §  2,  265.  R.  L.  46,  86. 

390  Superseded,  1909,  514  §§  121-126;  1910,  563;  1911,  727  §  22.  (See 

1908,  605  §§  7,  8;  1909,  317.)  R.  L.  102,  189. 
392  See  1908,  529  §  4,  524;  1909,  477.  R.  L.  110,  121. 

395  Amended,  1911,  507.  R.  L.  100. 

396  Superseded,  1907,  576  §§  32,  122.  R.  L.  118. 

398  Superseded,  1909,  283.  R.  L.  21. 

399  Affected,  1911,  731.  §  1  amended,  1907,  213.  (See  1908,  427;  1911, 

375.)  R.  L.  39,  42. 


1430  Changes  in  the 

1906 

See  1907,  494.     R.  L.  212. 

Affected,  1908,  493;    1910,  338.     §  1  revised,  1907,  377  §  1.     §  2 

revised,  1911,  358.     §  3  revised,  1909,  287  §  2,  450.     R.  L.  70, 

111. 
Affected,  1908,  486.     R.  L.  34. 
Repeal  and  substitute,  1909,  534.    (See  1907,  203;    408,  494,  580; 

1908,  263,  467,  642,  648.)    R.  L.  25,  52,  54,  102. 
In  part  superseded,  1906,  489  §  4.     Affected,  1907,  137,  158,  195; 

1908,  286;  1911,  595.  §  5,  see  1911,  176  §  2.  §  8,  see  1907,  223, 
362,  411;  1911,  265.  §  14,  see  1908,  465  §§  2,  3,  6,  637.  R.  L. 
46,  86,  160,  204,  217,  220. 

Superseded,  1907,  373  §  2;    1911,  562  §  4.    (See  1906,  522.)    R.  L. 

102,  105. 
Repealed,  1910,  401  §  2.     (See  1906,  463  I  §§  2,  69.)    R.  L.  111. 
Superseded,  1909,  504  §  32.     R.  L.  87. 
§  1  amended,  1910,  497  §  2.     §  2  amended,  1911,  423.     §  4  amended, 

1907,  517  §  2.     R.  L.  100. 
Superseded,  1908,  604  §§  92-95.     (See  1907,  526  §  1.)    R.  L.  16. 
§  1  amended,  1907,  364.     R.  L.  75. 
Superseded,   1909,  514   §§   112,   145.     (See  1907,   193;    1908,  650.) 

R.  L.  106. 
Superseded,  1909,  514  §§  1-8.     (See  1907,  135;    1908,  306,  462,  485; 

1909,  371.)    R.  L.  107. 
Superseded,  1907,  563  §§  1,  26;   1909,  490  IV  §  1;  527  §§  1,  8.     (See 

1907,  452;  1908,  624.)    R.  L.  15. 
Repealed,  1908,  534  §  2.     (See  1909,  477.)    R.  L.  110,  121. 
Repealed,  1907,  560  §  456.     (See  1907,  429.)    R.  L.  11. 
Amended,  1907,  176  §  1;  1910,  534  §  1.     R.  L.  173. 
§§  1,  2,  4  repealed,  1910,  439  §  6.     And  superseded,  1910,  439.    (See 

1909,  276.)    R.  L.  7. 
I  §  1  affected,  1907,  425.     Amended,  1911,  681.     §  2  superseded, 

1910,  401.  §  5,  see  1908,  552  §  1.  §§  5-20,  see  1909,  490  III  § 
49;  1910,  588,  596;  1911,  487.  §  6,  see  1908,  495;  1911,  290. 
§  7  extended,  1908,  599.  §  9  amended,  1909,  343.  (See  1911, 
755  §  7.)  §  20,  see  1909,  502  §§  1,  2.  §  23  amended,  1908,  542 
§  1;  1909,  47  §  1.  §§  23-28,  see  1908,  266  §  5,  372  §  1,  552.  §  25 
amended,  1908,  542  §  2.  §§  29,  36  affected,  1908,  372  §  2;  1909, 
429.  §  34  affected,  1910,  498;  1911,  486  §  2.  §  36,  see  1911, 
486  §  3.  §  37  amended,  1908,  390  §  1;  1911,  486  §§  1,  2.  §  39 
amended,  1908,  390  §  2.  §  41  amended,  1910,  544.  §  43  amended, 
1909,  358.  §§  46-48,  see  1909,  514  §  135.  §  47,  see  1909,  502  §  1. 
§§  48-56,  see  1909,  485.  §  58,  see  1908,  552.  §§  59,  60,  see  1910, 
187.  §  63  amended,  1907,  392  §  1;  1911,  635.  §  65,  see  1908, 
636  §§  1,  3;  1909,  369.  §  67  amended,  1907,  585  §  7.  (See  1910, 
443.)  §  68,  see  1906,  463  II  §§  22,  45-58,  60,  147,  155,  156,  173- 
176,  516  §  12;  1907,  428;  1909,  485.     R.  L.  111. 


General  Laws.  1431 

Chap.  1906 

II  §  6,  see  1910,  187.  §  41  aflfected,  1910,  171.  48-56,  see  1909, 
485.  §§  48,  57,  65,  66,  see  1908,  620,  636;  1909,  369.  §  116 
amended,  1907,  315.     §  148,  see  1907,  377,  431  §  3.     §  157  amended, 

1910,  355.  §  158  et  scq.,  see  1911,  539.  §  167  superseded,  1909, 
514  §§  143,  145.  (See  1908,  553.)  §  170  et  scq.,  see  1911,  491. 
§  172,  see  1911,  120.     §  173  superseded,  1909,  348.     §  177,  see 

1911,  120.  §  179,  see  1911,  539.  §  180,  see  1908,  495.  §  181, 
see  1907,  287;  1908,  504.  §  183  superseded,  1908,  649.  §  184 
et  scq.,  see  1911,  508.  §§  202,  203  amended,  1910,  633  §§  1,  2. 
§  209  amended,  1907,  585  §  8.  §§  211,  212,  216  amended,  1909, 
440  §  2.  (See  1907,  395;  1908,  220.)  §  214  amended,  1909,  513 
§1.  §§  227,  228,  see  1910,  187.  §  234  amended,  1909,  233.  §247, 
see  1907,  431.     §  251,  see  1911,  290.     R.  L.  112. 

Ill  §  7  amended,  1909,  417  §  1.  (See  1908,  266;  1909,  417  §  6;  1910, 
518;  1911,  442.)  §  13  amended,  1909,  417  §  5.  §  22  affected, 
1910,  171.  §§  30,  31,  see  1910,  187.  §  41  superseded,  1907,  402. 
(See  1902,  288;  1908,  278.)  §  42  amended,  1910,  551.  §§  46, 
64,  65,  see  1908,  266,  301;  1910,  518.  §  52  amended,  1911,  357. 
§  55,  see  1911,  487.  §  64  amended,  1909,  417  §  2.  (See  1909, 
417  §  6.)  §§  64-66,  see  1911,  442,  509.  §  65  amended,  1909, 
417  §  3.  (See  1909,  417  §  6.)  §  68,  see  1907,  574  §  6.  §  70 
amended,  1909,  417  §  4.  (See  1909,  417  §  6.)  §  77,  see  1908, 
266,  552.  §  82  amended,  1911,  290.  §  90  amended,  1911,  345. 
§  92,  see  1911,  120.     §§  96,  97  affected,  1911,  462.     §  99  superseded, 

1908,  530;  1910,  567.  (See  1906,  479.)  §  103  amended,  1910, 
536.  §§  103-107,  see  1908,  636;  1909,  369,  485.  §  108,  see  1908, 
620;  1909,  485.  §§  110-112,  see  1908,  636;  1909,  369,  485.  §  125 
amended,  1909,  502  §  3.     (See  1907,  395.)     §§  125,  126  amended, 

1909,  440  §  2.  §§  125-137,  see  1908,  220,  615;  1909,  439  §  1,  490 
III  §§  39-51.  §  128  amended,  1909,  513  §  2.  §  129,  see  1909, 
490  III  §  45.  §  130  amended  1909,  502  §  4.  §  137  amended, 
1907,  318.  §§  139,  140,  see  1910,  187.  (See  1906,  516  §  11;  1907, 
428,  585.)  §§  147-150  superseded,  1908,  590  §§  68,  69;  1909,  491 
§  8.    R.  L.  113. 

465     §  1  amended,  1910,  204.     R.  L.  19. 

468  See  1908,  418,  440;  1909,  434.     R.  L.  160. 

469  Superseded,  1908,  604  §  140.    (See  1906,  504  §  9;    1907,  526  §  11.) 

R.  L.  16. 

471  Superseded,  1909,  504  §  49.  R.  L.  87. 

472  Superseded,  1909,  504  §  105.  (See  1909,  274;  1910,  345.)  R.  L.  87, 

219,  225. 
474  Superseded,  1910,  540.  R.  L.  164. 
477  See  1909,  469.  R.  L.  91. 

479  Superseded,  1908,  530;  1910,  567.  R.  L.  112. 

480  See  1911,  675.  R.  L.  108. 

482     Superseded,  1908,  477;  1909,  309.     R.  L.  92. 


1432  Changes  in  the 

Chap.  1906 

489  Affected,  1907,  137,  195.  §  3,  see  1908,  458.  §  4,  see  1907,  411. 
§  6,  see  1908,  637;  1909,  216;  1910,  275;  1911,  175,  265.  §  7, 
see  1908,  286;   1909,  181.     R.  L.  46,  160,  217. 

493  Superseded,  1909,  490  I  §  5.     R.  L.  12. 

494  §  1  amended,  1907,  170  §  1.     R.  L.  7. 

499     Superseded,  1909,  514  §§  61-65,  145.     R.  L.  46,  106. 

501  Superseded,  1911,  456.     (See  1908,  104;  1909,  180.)     R.  L.  153,  212, 

220. 

502  §  1  amended,  1910,  257  §  1.  §  2  amended,  1910,  257  §  2.  §  6 

amended,  1908,  189.  §  7  repealed,  1908,  412.  (See  1909,  514 
§  58.)  R.  L.  39,  42. 

503  See  1907,  314.  R.  L.  76. 

504  Superseded,  1908,  604.  (See  1907,  305  §  7,  526  §§  7-14;  1908,  195, 

315,  371,  469;  res.  1910,  28.)  R.  L.  16. 

505  §§  1-6  repealed,  1911,  471.    (See  1908,  572,  639;   1909,  540.)    R.  L. 

42,  86. 
508    Affected,  1907,  421.     §§  1-8,  12-17  repealed,  1909,  504  §  107.    (See 
1907,  489;  1909,  504  §§  14,  59-65.)    R.  L.  87. 

516  Extended,  1907,  556  §  1.     §§  2,  8,  see  1910,  587.     §  6  amended, 

1907,  428  §  1.  §  7  amended,  1907,  428  §  2;  1908,  450.  §  12 
amended,  1907,  428  §  3.  §  13  amended,  1907,  428  §  4.  §§  14, 
15,  20  amended,  1909,  440  §  2.  §§  14-25,  see  1909,  490  III  §§  39- 
51.  §  17  amended,  1909,  513  §  3.  §  20  amended,  1909,  440  §  2; 
affected,  1908,  614;  1909,  490  III  §  64.  §  28  (new)  added,  1907, 
448.     R.  L.  14,  111,  112. 

517  Superseded,  1909,  514  §§  37-40,  145;   1911,  494.    (See  1907,  269  §  1, 

570;  1908,  547.)    R.  L.  106. 

521  §  1  amended,  1911,  619.     (See  1907,  465  §  4.)     §§  2,  3  superseded, 

1907,  465  §§  16,  28.  (See  1908,  563;  1911,  656,  675.)  R.  L.  105, 
108. 

522  §  1  amended,  1909,  410;    1911,  561  §  4.     (See  1911,  675.)    Affected, 

1907,  451,  465  §  25;  1908,  375.  (See  1907,  482;  1908,  563.) 
R.  L.  105,  108. 

Statutes  of  1907. 

43  See  1909,  468  §  1.  R.  L.  79. 

54  §§  1,  2  superseded,  1908,  536  §§  1,  2;  1909,  483  §  8.  R.  L.  58,  121. 

79  Repealed  and  superseded,  1909,  371  §§  2,  10.  (See  1908,  462,  481 

§  1.)  R.  L.  107. 
99  Amended,  1909,  508  §§  1,  3;  1910,  472.  (See  1911,  198.)  R.  L.  92. 

117  §  1  amended,  1908,  142  §  1.  §  2  amended,  1908,  142  §  2.  R.  L. 

25,  26. 

118  See  1907,  250;  1908,  484;  1909,  362.  R.  L.  92. 
133  §  1,  see  1907,  312.  R.  L.  165. 

135  §  1  superseded,  1909,  514  §  7.  (See  1908,  485  §  6;  1909,  371  §  2.) 

R.  L.  106,  107. 
137  See  1907,  158,  195.  R.  L.  46,  160. 


General  Laws.  1433 

Chap.  1907 

139  Construed,  1908,  638.  §  1,  see  1908,  414,  597  §§  1,  5.  §  2  amended, 

1907,  276;  1908,  597  §  2;  1911,  294.  R.  L.  6. 

140  Amended,  1910,  172  §  2.  (See  1907,  190,  308.)  R.  L.  76,  100. 
159  See  1911,  736  §  4.  R.  L.  151. 

164  Superseded,  1909,  514  §§  104,  145.  (See  1907,  537  §  5.)  R.  L.  106. 
166  Repealed,  1909,  466  §  2.  (See  1908,  284,  413;  1910,  564;  1911,  118, 

172.)  R.  L.  92. 
169  §  1  repealed,  1909,  504  §  107.  (See  1909,  504  §  99;  1911,  206.)  §  3, 

see  1908,  116.  R.  L.  145. 
177  Amended,  1908,  356;  1910,  330.  R.  L.  49. 

180  See  1907,  259;  1908,  307;  1909,  375;  1910,  271,  387,  416;  1911,  30, 

289,  341.  R.  L.  75,  213. 

181  Superseded,  1909,  490  I  §  57.  (See  1908,  387  §  2.)  R.  L.  12. 
183  See  1907,  386,  445.  R.  L.  75. 

190  See  1907,  308.  R.  L.  100. 

193  Superseded,  1909,  514  §§  112,  145.  (See  1908,  650.)  R.  L.  106. 
195  §  1,  see  1908,  286;  1911,  175.  R.  L.  46,  160. 

198  Repeal  and  substitute,  1911,  614.  (See  1908,  402,  484;  1909,  262; 
1911,  235.)  R.  L.  92,  102. 

203  Superseded,  1909,  534  §§  15,  31.  (See  1907,  408,  494,  580;  1908, 

263,  467,  648.)  R.  L.  52,  54,  102. 

204  In  part  superseded,  1910,  417.     R.  L.  73. 
206    Superseded,  1910,  335.     R.  L.  164. 

208  See  1908,  195.     R.  L.  75. 

211  See  1907,  500  §§  2,  3.  R.  L.  102. 

213  See  1908,  427;  1911,  375,  731.  R.  L.  39,  42. 

214  See  1910,  383.  R.  L.  102. 
216  See  1908,  643.  R.  L.  56. 

224  Superseded,  1909,  514  §§  59,  145.  R.  L.  106. 

226  See  1909,  504  §§  98,  107.  R.  L.  87. 

228  §  1,  see  1908,  237  §  6.  R.  L.  57. 

232  §  4  superseded,  1908,  604  §  170.  R.  L.  16. 

240  §  1  amended,  1908,  182;  1910,  629;  1911,  391.  R.  L.  102. 

241  Amended,  1910,  392.  R.  L.  102. 

243  See  1908,  411  §  1;  1911,  297  §  6.  R.  L.  56,  75,  89. 

246  Superseded,  1909,  490  III  §  21.  R.  L.  14. 

250  §  1  in  part  superseded,  1909,  421  §  1.  (See  1908,  484.)  R.  L.  92. 

251  §  2  amended,  1910,  347.  (See  1910,  316.)  R.  L.  220. 

252  Superseded,  1910,  356.  (See  1910,  316.)  R.  L.  220. 

259  See  1908,  307;  1909,  375;  1910,  271,  387;  1911,  372.  R.  L.  75, 

213. 

261  Amended,  1910,  332;  1911,  116.  R.  L.  217. 

267  Superseded,  1909,  514  §  51.  R.  L.  106. 

269  Superseded,  1909,  514  §§  37-40,  145.  (See  1907,  570.)  R.  L.  106. 

271  See  1908,  555,  598.  R.  L.  84. 

272  See  1911,  624.  R.  L.  19,  108. 

274  Superseded,  1908,  385  §  2.  R.  L  102,  313. 


1434  Changes  in  the 

Chap.  1907 

276    See  1908,  469,  597.     R.  L.  6. 

282  §  1  amended,  1908,  180.     R.  L.  109,  110. 

283  In  part  superseded,  1907,  534  §  3.     (See  1909,  310.)    R.  L.  62. 

285  In  part  repealed,  1911,  411  §  10.     R.  L.  91. 

286  See  1911,  567.     R.  L.  157. 

287  Amended,  1908,  504.  R.  L.  111. 
289  Repealed,  1911,  388  §  12.  R.  L.  57. 

294  Superseded,  1908,  149.  (See  1909,  160.)  R.  L.  127. 

295  See  1907,  357.  R.  L.  42. 

296  Superseded,  1909,  377.     R.  L.  91. 

297  Repealed,  1909,  403;  1910,  177.    (See  1908,  270.)    R.  L.  91. 

299  Affected,  1911,  722  §  3.     See  1908,  255.     R.  L.  91. 

300  Superseded,  1908,  330.     R.  L.  92. 
303     See  1908,  330.     R.  L.  91. 

305  Superseded,  1908,  604  §§  30,  95.     R.  L.  16. 

306  Superseded,  1911,  285.     R.  L.  91. 

307  Superseded,    1909,   396.     (See   1908,   377;     1909,   362;     1910,   545.) 

R.  L.  92. 

308  Amended,  1909,  261  §  1.  R.  L.  100. 

309  §  1  amended,  1909,  254.  (See  1908,  335.)  R.  L.  102. 
316  Amended,  1910,  539.  R.  L.  121. 

318  Superseded,  1909,  490  III  §  51.  R.  L.  14. 

319  §  1  revised,  1908,  520  §  14.  (See  1909,  490  III  §  37;  1910,  399.) 

R.  L.  116. 

320  §  1  amended,  1908,  520  §  13.     (See  1909,  342  §  2.)    R.  L.  116. 

321  Superseded,  1909,  444.     (See  Res.  1911,  103.)    R.  L.  89. 
323     Superseded,  1911,  454.     R.  L.  160. 

329  §  1  amended,  1908,  193.    (See  1909,  490  III  §  41.)    R.  L.  12,  14. 

330  Superseded,  1907,  560  §§111,  456.     R.  L.  11. 
332     See  1911,  70.     R.  L.  109. 

340    Repeal  and  substitute,  1908,  590  §§  56,  57,  69.    (See  1907,  417.) 
R.  L.  113. 

343  §  1  amended,  1909,  201.     R.  L.  27,  106. 

344  Amended,  1910,  608.     R.  L.  19. 

354  Superseded,  1909,  468  §  17.     R.  L.  79. 

355  Amended,  1910,  532.     R.  L.  102. 

356  Superseded,  1908,  604  §§  26,  27.     (See  1908,  434  §  1.)    R.  L.  12. 
359  Amended,  1909,  174.     R.  L.  10. 

363     See  1908,  133;  1909,  302.     R.  L.  212. 

365     See  1910,  284.     R.  L.  104. 

367     Superseded,  1909.  490  I  §  5.     R.  L.  12. 

373     §  1  amended,  1911,  562  §  1.     §  2  amended,  1911,  562  §  4.     §  3 

amended,  1911,  562  §  6.     §  4  amended,  1911,  562  §  7.     (See  1907, 

465;  1908,  563.)    R.  L.  102,  105. 
375     Amended,  1911,  31.     R.  L.  171. 
377     Affected,  1908,  493;    1910,  338.     §  7  repealed,  1909,  287  §  1.    (See 

1909,  450;  1910,  338;  1911,  358.)  R.  L.  70,  109,  111. 


Ge:neral  Laws.  1435 

Chap.  1907 

378  Superseded,  1909,  490  II  §  20.  (See  1908,  299;  1909,  512;  1911,  75.) 

R.  L.  13. 

383  Repealed,  1911,  428.  R.  L.  110,  214. 

386  §  1  amended,  1909,  380.  (See  1907,  445.)  R.  L.  75. 

392  §  1  amended,  1911,  635.  R.  L.  111. 

394  §  1  amended,  1911,  163.  R.  L.  62. 

395  Superseded,  1909,  490  III  §  41.  R.  L.  14. 
402  See  1908,  278.  R.  L.  12. 

408  Superseded,  1909,  534  §§  22,  31.  (See  1907,  494,  580;  1908,  648 
§  3.)  R.  L.  47,  52,  54,  102. 

410  §  1  superseded,  1908,  150.  R.  L.  213. 

411  See  1908,  286,  465,  637.  R.  L.  46,  160. 

413  In  part  superseded,  1907,  537  §  5.     R.  L.  106. 

417  See  1910,  370.     R.  L.  116. 

421  See  1909,  504  §  59.     R.  L.  87. 

427  Superseded,  1909,  490  II  §  13.    R.  L.  13. 

428  §  2  amended,  1908,  450.     R.  L.  112. 

429  Repealed,  1907,  560  §  456.     R.  L.  11. 

431  Affected,  1909,  394.     R.  L.  111. 

432  Superseded,  1909,  504  §§  58,  107.    R.  L.  87. 

433  See  1908,  324.     R.  L.  28. 

442  §§  1,  2  amended,  1908,  541  §§  1,  2.  §  3  amended,  1909,  248;  1910, 

266.  (See  1911,  668.)  R.  L.  164. 

443  See  1909,  49.     R.  L.  165,  210. 
445     See  1909,  391.     R.  L.  75,  84. 

451  Affected,  1908,  375.     (See  1909,  410.)    R.  L.  108. 

452  Affected,  1907,  563  §  11;    1909,  490  IV  §§  10,  11.    (See  1908,  624.) 

R.  L.  15. 
458    See  1910,  500.     R.  L.  19. 
463     See  1908,  335,  494.     R.  L.  102,  104. 

465  §  1  amended,  1908,  563  §  1;   1909,  393  §  1.     §  4,  see  1910,  284;   1911, 

619,  656.  §  6,  see  1909,  393  §  1.  §  18  amended,  1908,  563  §  2. 
§  25,  see  1907,  482;  1908,  479;  1911,  561.  §  26  amended,  1909, 
393  §2.  §  28  amended,  1909,  393  §  3.  (See  1911,  619,  656.)  R.  L. 
105,  108. 

466  §  1  superseded,  1908,  178.     (See  1908,  469;   1909,  218.)    R.  L.  6,  85, 

223. 
468     Superseded,  1907,  560  §§  6,  456.     R.  L.  11. 

471  Affected,  1910,  98.     R.  L.  119. 

472  Amended,  1910,  296.     R.  L.  119. 

473  §  1  amended,  1909,  263  §  1.     §  2  affected,  1909,  452.    (See  1908,  209 

§§  3,  4,  478.)  R.  L.  28,  89. 

474  §  1  amended,  1910,  198,  491.  §  5  amended,  1908,  532  §  1.  §  7 

revised,  1908,  532  §  2.  (See  1908,  533;  1909,  414.)  R.  L.  88. 

475  See  1908,  209;  1909,  394;  1910,  398;  1911,  244,  722.  R.  L.  32,  53. 
480  Amended,  1910,  269.  (See  1909,  380,  391.)  R.  L.  75. 

482  Repealed,  1911,  561  §  3.  (See  1908,  479.)  R.  L.  108. 


1436  Changes  in  the 

Chap.  1907 

489  Superseded,  1909,  504  §§  65,  107.  R.  L.  87. 

490  See  1907,  582  §  34;  1910,  214;  1911,  150.  R.  L.  68,  69. 

494  Superseded,  1909,  534  §§  19,  31.  (See  1907,  580;  1908,  648.)  R.  L. 

47,  52,  54,  102. 

499  Repealed,  1908,  487  §  3.  R.  L.  104. 

503  §  2  superseded,  1909,  514  §§  94,  103,  145.  R.  L.  104,  106. 

517  §  1  amended,  1910,  497  §  1.  (See  1911,  423.)  R.  L.  100. 

520  See  1907,  555;  1908,  303;  1909,  504  §  8;  1910,  220  §  3.  R.  L.  6. 

521  §  1  amended,  1910,  150.  §  2  amended,  1911,  474.  §  3  amended, 

1911,  242.  (See  1908,  591  §  2;  1909,  263.)  R.  L.  28,  89. 
524  §§  3,  4  amended,  1909,  177  §§  1,  2.  R.  L.  75. 
526  Superseded,  1908,  604  §§  12,  127-140.  R.  L.  16. 

533  See  1908,  590  §  16;  1909,  491  §  4.  R.  L.  113. 

534  §  2  amended,  1910,  465;  1911,  632.  (See  1908,  195,  469;  1909,  424 

§  2.)  §  3  affected,  1909,  310.  R.  L.  62. 
537  §  1  revised,  1910,  523  §  1.  §  2  revised,  1910,  523  §  2.  §§  3-5,  see 

1908,  325  §  3,  329;  1909,  514  §§  89,  105,  106;  1910,  394,  405  §  1; 

1911,  282,  603,  709.  §  5,  see  1911,  603  §§  1,  4.  §  6  revised,  1910, 

523  §  3.  §  7,  see  1910,  405  §  4.  R.  L.  75. 
539  §  2  amended,  1908,  316.  R.  L.  109,  110,  214. 
543  See  1907,  560  §  166;  1909,  356;  1910,  520.  R.  L.  11. 

549  See  1907,  553.  R.  L.  141. 

550  §  6  amended,  1910,  631.  §  111  amended,  1908,  336;  1909,  313. 

R.  L.  104. 

555  See  1908,  303.  R.  L.  6. 

560  §  1,  see  1911,  436.  §  4  amended,  1910,  44.  §  5,  see  1907,  581.  §  14 
amended,  1909,  440  §  2.  §  15  amended,  1909,  344  §  1;  440  §§  2, 
4,  492.  §§  16-20,  see  1909,  492.  §§  18,  19  amended,  1909,  440 
§  2.  §  24  amended,  1909,  440  §  6.  §§  25,  26  amended,  1909,  440 
§  2.  §  41  amended,  1909,  344  §  2.  §§  43,  44  amended,  1909,  440 
§  2.  §  45  amended,  1909,  344  §  3.  §§  46,  60,  70,  71,  73,  74,  76, 
79,  80  amended,  1909,  440  §  2.  §  60  amended,  1911,  243.  §  62 
amended,  1910,  147.  §§  70,  71  affected,  1908,  480;  1909,  440 
§  2.  §§  73,  74,  76,  79,  80  amended,  1909,  440  §  2.  §  82  repealed, 
1908,  83.  §§  83,  86  amended,  1909,  440  §  2.  §  89,  see  1908,  85. 
§§  89-93,  see  1908,  518.  §  93  amended,  1908,  428.  §  97  amended, 
1911,  378.  §  105  amended,  1911,  353.  (See  1909,  356  §  3.)  §  112 
et  scq.,  see  1910,  520  §  3.  §  117  amended,  1911,  517.  §§  119-126, 
see  1910,  110.  §  120,  see  1910,  520.  §  121  amended,  1910,  200. 
§  126  amended,  1910,  182.  §  133  amended,  1908,  423  §  1.  §  137, 
see  1909,  356  §  3.  §  139  amended,  1909,  440  §  2.  §  140  amended, 
1911,  735.  §  143  amended,  1911.  518.  §  144  d  scq.,  see  1910, 
520  §  3.  §  148  amended,  1909,  204.  §  151  amended,  1908,  423 
§  2.  (See  1911,  436.)  §  165  et  seq.,  see  1909,  356;  1910,  520 
§§  2,  3.  §  170  amended,  1911,  534.  (See  1910,  520  §  3.)  §  171 
amended,  1911,  355.  (See  1910,  110.)  §  173  amended,  1909,  440 
§  2.  §  175  amended,  1908,  425.  §  177  amended,  1909,  149. 
190,  193  amended,  1909,  440  §  2.  §  200  affected,  1911,  436.  §  241 


General  Laws.  1437 

Chap.  1907 

revised,  1908,  461.  §  251  amended,  1911,  304.  §  300  amended, 

1909,  440  §  2.  §  307  amended,  1908,  391.  §  314  et  seq.,  see  1911, 
679  §§  5,  6.  §§  316,  317  revised,  1911,  679  §§  1,  2.  §  319  revised, 
1911,  679  §  3.  (See  1908,  85.)  §  320  et  seq.,  see  1908,  518.  §  325 
revised,  1911,  679  §  4.  §  350  superseded,  1910,  246.  §§  362,  367, 
371,  374,  386,  see  1907,  579.  §  364  amended,  1911,  222.  §  394 
et  seq.,  see  1908,  85.  §  417  et  seq.,  see  1907,  581 ;  1908,  345.  §  430 
amended,  1910,  55  §  3.  §  447,  see  1909,  514  §  45.  R.  L.  11,  12,  14. 

561  §  11  amended,  1908,  222.  (See  1907,  576;  1908,  590  §  36.)  R.  L. 
113,  118. 

563  In  part  superseded,  1909,  490  IV,  527;  1911,  191.  (See  1908,  550 

§  4.)  §  1  amended,  1909,  268  §  1;  527  §  1.  §  4  amended,  1909, 
527  §  2.  §  5,  see  1909,  527  §  9.  §  6  amended,  1909,  527  §  3.  (See 

1910,  440;  1911,  191.)  §  7  amended,  1909,  527  §  4.  §  13  amended, 

1909,  527  §  5.  (See  1910,  440.)  §  14  amended,  1908,  268;  1909, 
527  §  6.  §  16  revised,  1909,  527  §  7.  §§  20,  21,  24,  see  1909,  266 
§  1.  §  23,  see  1911,  191.  §  25  in  part  repealed,  1909,  527  §  8. 
§  26  in  part  repealed,  1908,  104  §  2.  (See  1908,  624;  1909,  527 
§  8.)  R.  L.  14,  15. 

564  §§  1,  2  superseded,  1909,  490  III  §§  1,  2.  §  2  amended,  1909,  430 

§  1.  (See  1907,  586.)  R.  L.  14. 

570  Superseded,  1909,  514  §  37.     R.  L.  106. 

571  §  1,  see  1908,  208.     R.  L.  65. 

576  §  2,  see  1909,  514  §  30.  §  3,  see  1910,  559  §  1.  §  4,  see  1908,  195, 
469.  (See  1911,  493.)  §  5  amended,  1911,  292.  §  6  amended, 
1911,329.  §  6  d  5eg.,  see  1910,  619  §§  8-10.  §  7,  see  1910,  493  §  7. 
§  8,  see  1911,  339.  §  11  amended,  1911,  54,  315.  (See  1908,  151; 

1911,  493.)  §  15  amended,  1911,  429  §  4.  §  17  amended,  1911, 
51.  §  19,  see  1909,  267,  490  I  §  41-  §  20  amended,  1909,  345. 
§  26  amended,  1908,  473.  §  29,  see  1911,  361.  §  32  amended, 
1908,  248,  509;  1910,  499  §  1.  Affected,  1908,  511,  543;  1909, 
192;  1911,  251.  CI.  2,  see  1908,  511  §  3;  1910,  185.  CI.  5  affected, 

1908,  646;  1910,  493.  (See  1911,  751  IV,  V  §  3.)  §  33,  see  1908, 
163.  §  34  amended,  1908,  81;  1909,  488;  1910,  499  §  2;  1911, 
205.  §  34a,  see  1910,  493.  §  35,  see  1909,  294,  407,  514  §  30; 

1910,  339;  1911,  111;  628.  §  36,  see  1910,  171.  §  37  amended, 

1909,  92,  95;  1910,  375.  §  44  amended,  1908,  471.  §  46  repealed, 

1909,  390  §  2.  §  47  revised,  1908,  482;  1909,  390  §  1;  1910,  463. 
^  57  et  seq.,  see  1911,  ^93.     §  59,  see  1910,  552  §  2.  §  60  amended 

1911,  406.  (See  1910,  489,  552.)  §  61  amended,  1909,  256;  1911, 
344.  §§  66,  68,  see  1909,  490  III  §§  26-36,  491  §  4.  §  69  amended, 

1910,  256.  §  73  amended,  1909,  242.  §  74  amended,  1909,  467 
§  7'5.  see  1910,  493.  §  80  amended,  1908,  166;  1910,  366;  extended, 

1911,  361.  §§  80,  81,  see  1908,  436.  §  84  amended,  1909,  415. 
§  88  amended,  1908,  165.  §  92  revised,  1911,  429  §  1.  §  93 
amended,  1908,  170;  1911,  429  §  1.  §  95  revised,  1911,  429  §  3. 
§  100,  see  1911,  628  §  4.  §  101,  see  1909,  267.  §  121  amended, 
1910,426.  R.  L.  118,  119. 


1438  Changes  in  the 

Chap.  1907 

577  Superseded,  1909,  514  §§  52,  145.  (See  1908,  126,  273,  333,  343, 

385.)  R.  L.  98,  106. 

578  Superseded,  1909,  490  III  §  56.     R.  L.  14. 

580  Repeal  and  substitute,  1909,  534.     (See  1908,  642,  648.)    R.  L.  47, 

52,  54,  102. 

581  §  1  amended,  1910,  55  §  1.     §  2  amended,  1910,  55  §  2.     (See  1908, 

483;  1911,  679  §  7.)     §  3  amended,  1911,  422.     R.  L.  11,  214. 

582  §  18  superseded,  1909,  227.     R.  L.  173. 
584     §  10  superseded,  1909,  329.     R.  L.  52,  102. 

586    Superseded,  1909,  490  III  §§  72-79.     (See  1908,  194,  615;   1909,  440.) 
R.  L.  14. 

Statutes  of  1908. 

81  Amended,  1909,  488;  1910,  499  §  2.    (See  1911,  205,  250.)    R.  L.  118. 

85  See  1908,  505.     R.  L.  11. 

99  §  1  superseded,  1909,  490  II  §  32.  §  2  superseded,  1909,  490  II  §  85. 

R.  L.  13. 

104  See  1909,  180;  1911,  456.  R.  L.  212. 

110  §  1  amended,  1909,  166.  R.  L.  164. 

116  Amended,  1908,  505.  (See  1911,  389.)  R.  L.  116,  145. 

120  Superseded,  1909,  490  I  §  6.  (See  1909,  187.)  R.  L.  12. 

121  Amended,  1911,  736  §  5.  R.  L.  151. 

126  Amended,  1908,  273;  1911,  328.  (See  1908,  333,  343,  385;  1909, 

423  §  5;  1910,  327.)  R.  L.  98. 

149  Affected,  1909,  160.  R.  L.  127. 

166  Amended,  1910,  366;  extended,  1911,  361.  R.  L.  118. 

169  Amended,  1910,  87.  R.  L.  102. 

173  See  1908,  443;  1909,  50,  147;  1910,  80;  1911,  667.  R.  L.  9. 

177  See  1908,  516;  1909,  236;  1911,  212.  R.  L.  173. 

178  See  1908,  469;  1909,  218.  R.  L.  6. 

179  Amended,  1910,  540  §  1.  R.  L.  158,  164. 

181  Amended,  1910,  524.  (See  1911,  247.)  R.  L.  42. 

182  Amended,  1910,  629;  1911,  391.  R.  L.  102. 

193  Superseded,  1909,  490  I  §  U.  R.  L.  12. 

194  Superseded,  1909,  490  III  §§  72,  79.  (See  1908,  615;  1909,  440  §  2.) 

R.  L.  14. 
205  §  2  amended,  1909,  424  §  1.  R.  L.  57. 

209  §  1  revised,  1911,  244  §  1.  §  4  revised,  1911,  244  §  2.  §  5  revised, 

1911,  244  §  3.  (See  1909,  394;  1910,  398;  1911,  722.)  R.  L. 
28,  32. 

210  §  1  amended,  1909,  332.  R.  L.  19. 

217  Superseded,  1909,  514  §§  27,  145.  (See  1910,  445.)  R.  L.  106. 

219  Repealed,  1908,  382  §  2.  R.  L.  110. 

220  See  1909,  490  III  §  68,  517.  R.  L.  14. 
226  Superseded,  1909,  490  III  §  76.  R.  L.  13. 

228  Superseded,  1909,  514  §§  26,  145.  R.  L.  106. 

229  See  1909,  60.  R.  L.  2. 


General  Laws.  1439 

Chap.  1908 

237  §§  18-40.  (See  1910,  214.)  R.  L.  68,  69. 

238  See  1909,  525  §  3;  1911,  289.  R.  L.  75,  76. 

247  Superseded,  1909,  490  II  §  82.  R.  L.  13. 

248  Amended,  1908,  509;  1910,  499  §  1.  (See  1908,  511;  1911,  250.) 

R.  L.  118. 
250  See  1908,  464,  594;  1909,  136,  148.  R.  L.  21,  27. 
263  See  1909,  534  §  17.  R.  L.  25,  26. 
266  See  1910,  518.  R.  L.  112. 

268  Superseded,  1909,  490  IV  §  14.  (See  1908,  550.)  R.  L.  14,  15. 
270  Repealed,  1909,  403;  1910,  177.  R.  L.  91. 
273  Amended,  1911,  328.  (See  1908,  333,  343,  354,  385;  1909,  423  §  5; 

1910,  327.)  R.  L.  98. 
278  Extended,  1909,  118,  R.  L.  112. 
284  Superseded,  1910,  564;  1911,  172.  R.  L.  92. 
288  Superseded,  1910,  645.  (See  1905,  370  §  2;  1910,  555  §  3.)  R.  L. 

201. 

294  §  2  superseded,  1909,  301;  1911,  377.  R.  L.  76. 

295  See  1909,  256.  R.  L.  149. 

296  Affected,   1910,  363.     §  2  amended,   1910,  321.    (See  1908,  297.) 

R.  L.  47,  53. 

299  Superseded,  1909,  490  II  §  20.  (See  1909,  512;  1911,  75.)  R.  L.  13. 

300  §  1  amended,  1909,  326.  R.  L.  109,  110. 
304  Amended,  1910,  219  §  1.  R.  L.  57. 

306  Superseded,  1909,  514  §§  8,  9,  145.  (See  1908,  462  §  5;  1909,  371 

§  6.)  R.  L.  106,  107. 

307  Repealed,  1910,  387  §  11.  (See  1908,  525;  1909,  375  §  1;  1910, 

271,  416;  1911,  289,  341.)  R.  L.  75,  213. 

314  Amended,  1908,  387  §  2.  (See  1909,  490  I  §§  57,  62.)  R.  L.  12,  14. 

315  Superseded,  1908,  604  §  90.  R.  L.  16. 

317  Superseded,  1908,  604  §  174.  R.  L.  16. 

318  Superseded,  1909,  490  III  §  59;  528  §  1.  R.  L.  14. 
325  Affected,  1910,  543.  (See  1909,  514  §  85.)  R.  L.  106. 

329  Amended,  1909,  474.  (See  1908,  411;  1909,  471.)  R.  L.  56,  75. 

333  See  1908,  343,  354,  385;  1909,  423  §  5;  1910,  327.  R.  L.  98,  106. 

335  §  2  amended,  1910,  143.  (See  1908,  381.)  R.  L.  102. 

336  Amended,  1909,  313.  R.  L.  104. 

341  §  1  amended,  1911,  350.  R.  L.  27. 

342  Superseded,  1910,  421  §  2.  R.  L.  10. 

343  See  1908,  354,  385;  1909,  423  §  5;  1910,  327.  R.  L.  98,  106. 

344  Superseded,  1908,  604  §  16.  R.  L.  16. 

350  §  1  amended,  1911,  548  §  2.  §  2  amended,  1908,  583.  R.  L.  211,  214. 

354  Superseded,  1908,  604  §  170.  (See  1909,  423  §  5;  1910,  327.)  R.  L. 
16,  98,  106. 

356  §  1  amended,  1910,  330.  R.  L.  49. 

357  See  1910,  501.  R.  L.  160. 

358  §  2  superseded,  1909,  230.     R.  L.  165. 
365  Amended,  1910,  273.     R.  L.  204. 


1440  Changes  in  the 

Chap.  1908 

371  Superseded,  1908,  604  §  174.     R.  L.  16. 

372  §  1,  see  1911,  214.     §  2  amended,  1909,  429.     (See  1908,  542.)    R.  L. 

111. 

377  Superseded,  1909,  396;  1910,  545.  R.  L.  92. 

378  See  1911,  143,  297  §  6.  R.  L.  90. 

380  Superseded,  1909,  514  §§  141,  145.  (See  1908,  457;  1909,  363.) 

R.  L.  106. 
385  §  1  amended,  1909,  189.  (See  1910,  143.)  R.  L.  98,  102. 
387  Superseded,  1909,  490  I  §§  56,  57.  R.  L.  12. 

389  §  1  amended,  1909,  354.  R.  L.  108. 

390  §  1  amended,  1911,  486  §§  1,  2.  R.  L.  111. 

402  Repeal  and  substitute,  1911,  614.  (See  1908,  484;  1909,  262,  325,' 

1910,  319,  614;  1911,  235.)  R.  L.  92,  102. 
405  Superseded,  1909,  468  §  4.  R.  L.  79. 

411  See  1910,  590.  R.  L.  56. 

413  Superseded,  1911,  118.  (See  1909,  466.)  R.  L.  92. 

418  See  1909,  434.  R.  L.  160. 

420  Superseded,  1909,  514  §§  127,  145.  (See  1908,  553.)  R.  L.  106. 

427  Amended,  1911,  537.  (See  1911,  375.)  R.  L.  39,  42. 

433  Superseded,  1909,  490  III  §  5.  R.  L.  14. 

440  See  1909,  434;  1911,  8.  R.  L.  160,  217. 

441  Repealed,  1911,  356  §  5.  (See  1909,  272;  1910,  365;  1911,  236.) 

R.  L.  92. 

443  See  1909,  50,  147;  1910,  80.  R.  L.  9. 

452  In  part  superseded,  1909,  289.  R.  L.  25. 

454  Affected,  1911,  503.  R.  L.  56,  214. 

457  Superseded,  1909,  514  §§  129,  130,  145.  R.  L.  106. 

459  §§  1,  2  amended,  1910,  429  §§  1,  2.  R.  L.  89. 

460  Repealed,  1909,  436  §  4.  R.  L.  89. 

462  Superseded,  1909,  371  §§  1-3.  (See  1908,  481,  485.)  R.  L.  107. 

463  See  1911,  628  §  33.  R.  L.  118,  119. 

464  §  1  superseded,  1909,  490  I  §  5  [15].  (See  1908,  495.)  R.  L.  12,  21, 

27. 

465  See  1908,  637;  1909,  216;  1911,  8.  R.  L.  217. 

467  See  1909,  534  §  17.  R.  L.  25,  52. 

468  See  1909,  490  III  §  40,  CI.  3.  R.  L.  14. 

476  Superseded,  1911,  210,  625.  R.  L.  25,  26. 

477  §§  1-3  superseded,  1909,  309.  R.  L.  92. 

478  I  1  amended,  1909,  214.  (See  1909,  452.)  R.  L.  89. 

479  Amended,  1911,  561  §  5.  R.  L.  108. 

480  Amended,  1909,  440  §  2.  R.  L.  11,  12. 

481  Superseded,  1909,  371  §§  2,  10.  R.  L.  107. 

482  Amended,  1909,  390  §  1;  1910,  463.  R.  L.  118. 

483  See  1910,  55;  1911,  422,  679  §  7.  R.  L.  11. 

484  Repeal  and  substitute,  1911,  614.  (See  1909,  325;  1910,  319,  614; 

1911,  235.)  R.  L.  92,  102. 


General  Laws.  1441 

Chap.  1908 

485  Superseded,  1909,  514  §§  2-7,  145.  (See  1909,  371  §  1.)  R.  L.  106, 
107. 

487  See  1909,  514  §  105.  R.  L.  106,  108. 

488  §  2,  see  1910,  548.  R.  L.  91. 

489  Superseded,  1909,  514  §§  136-138,  145.  (See  1909,  211.)  R.  L.  106. 
491  See  1911,389.  R.  L.  116. 

493  See  1910,  338;  1911,  358.  R.  L.  70,  111,  114. 

496  See  1908,  508.  R.  L.  5. 

499     §   1   amended,  1911,  135  §  1.     §  2  amended,  1911,  135  §  2.     §  5 

amended,   1911,   135   §  3.     (See    1909,    243,    490    I    §§    10,    11.) 

R.  L.  12,  75. 
502     Amended,  1910,  223  §  1.     (See  1910,  284;   1911,  477.)     R.  L.  32,  102. 
505    See  1911,  389.     R.  L.  116. 

509  Amended,  1908,  543;    1910,  499  §  1.    (See  1908,  511;    1909,  192; 

1911,  251.)    R.  L.  118. 

510  §  2  amended,  1908,  621.  R.  L.  138. 

511  §  3  amended,  1910,  185.  R.  L.  118. 
513  See  1910,  508.  R.  L.  28. 

516  See  1909,  236;  1911,  212.  R.  L.  173. 

520  Affected,  1909,  342.  (See  1909,  490  III  §§  37,  38;  1910,  399;  1911, 

389.)  §  8  superseded,  1910,  377.  §  12  superseded,  1909,  490  III 

§  37.  R.  L.  14,  116. 
525  §  1,  see  1909,  261  §  5,  375.  §  3  amended,  1910,  172  §  1.  R.  L.  76; 

100. 

529  §  4,  see  1909,  477.     §  5  amended,  1909,  316.     Affected,  1911,  349. 

(See  1910,  124.)    R.  L.  121,  122. 

530  §  1  amended,  1910,  567.     R.  L.  42,  112. 

531  See  1911,  218.     §  1  affected,  1911,  266  §  1.     §  4  affected,  1911,  266 

§  4.     R.  L.  56,  57,  75. 

534  See  1909,  477;  1910,  374.     R.  L.  121. 

537  See  1909,  423  §  5;  1910,  327.     R.  L.  98. 

539  See  1910,  400.     R.  L.  26,  91. 

542  §  1  amended,  1909,  47  §  1.     R.  L.  Ill,  112. 

543  Affected,  1910,  499  §  1.    (See  1909,  192.)    R.  L.  118. 
547  Superseded,  1909,  514  §§  55,  145.     R.  L.  106,  224. 

550  Superseded,  1909,  490  III  §§  2,  5-7.    (See  1909,  440  §  2,  517,  527.) 

R.  L.  14,  15. 

551  §  15  amended,  1909,  383.     R.  L.  112. 

552  See  1911,  581.     R.  L.  51. 

553  Superseded,  1909,  514  §  143.    (See  1909,  363.)    R.  L.  106,  111. 
555    Affected,  1909,  292.     (See  1909,  391.)    R.  L.  81,  85. 

561  Amended,  1910,  66  §  1.     R.  L.  5. 

563  §  1  amended,  1909,  393  §  1.     R.  L.  105. 

565  See  1908,  566;  1909,  281;  1911,  48,  440.     R.  L.  104. 

566  Affected,  1909,  281;  1911,  48,  440.     R.  L.  102,  104. 
570  See  1909,  405.     R.  L.  56,  75. 


14:12  Changes  in  the 

Chap.  1908 

572  §§  1-4  repealed,  1911,  471  §  4.  (See  1909,  457,  540.)  R.  L.  39,  42, 

86. 
583  See  1911,  548.  R.  L.  211. 

589  §  5  superseded,  1909,  490  I  §  53.     R.  L,  12. 

590  §§  1-8,  see  1909,  399,  419  §  5.     §  4  amended,  1909,  491  §  2.     (See 

1911,  148.)  §  5  amended,  1909,  491  §  3.  §§  9,  10,  11  superseded, 
1910,399.  (See  1911,  339.)  §  15  revised,  1910,  393.  §16  amended, 
1909,  491  §  4.  (See  1910,  343.)  §  17,  see  1909,  419  §  4;  1910, 
281.  §  25  amended,  1909,  491  §  5.  §  36  amended,  1911,  211. 
§  40  superseded,  1909,  491  §  6.  §  46  amended,  1909,  491  §  7.  (See 
1911,228,337.)     §§  64,  65,  see  1911,  228.     §  68  el.  2,  3,  8  amended, 

1909,  491  §  8.  CI.  8  extended,  1908,  358.  (See  1909,  419,  502 
§  2;    1910,  288.)    CI.  9,  see  1910,  281.     R.  L.  Ill,  113,  116. 

591  Affected,  1909,  263;  1911,  474.     (See  1910,  150.)    R.  L.  28,  89. 

594  See  1909,  136,  148,  490  I  §  5  [15].     1910,  379.     R.  L.  21,  27. 

595  See  1910,  255,  585.     R.  L.  66,  96. 
597     §  2  amended,  1911,  294.     R.  L.  6. 

601     §  1  amended,  1911,  673.     R.  L.  222,  223. 

604  §  12,  see  1909,  300;    1911,  633.     §  13,  see  1909,  300.     §  14  amended, 

1910,  348  §  1.  §  20  amended,  1909,  298;  1910,  228;  1911,  145, 
326,  633.  §  22  amended,  1911,  670.  §  39  amended,  1910,  348 
§  2;  1911,  747.  §  41  amended,"  1911,  298.  (See  1911,  326.)  §  42 
amended,  1910,  299.  (See  1911,  449.)  §  79  repealed,  1909,  167 
§  1.  §  81  affected,  1911,  449.  §  90,  see  Res.  1910,  28.  §§  93, 
94,  see  1911,  449.     §  107  amended,  1911,  554.     §  133  amended, 

1909,  323.  §  158  amended,  1911,  642  §  1.  §  162  revised,  1911, 
594  §  1.  (See  1911,  594  §  2.)  §  173  affected,  1909,  298;  1910, 
227;    1911,  514.     §  174  amended,  1911,  642  §  2.     (See  1909,  280; 

1910,  227.)  §  175,  see  1910,  283.  §  176  amended,  1910,  225. 
§  198  amended,  1909,  170.  §  206  affected,  1909,  300.  §  207,  see 
1910,  283.    R.  L.  16. 

605  Superseded,  1911,  727.     (See  1909,  278,  317,  419,  514  §§  121-126; 

1910,  563.)    R.  L.  102,  106,  189. 

613  §§  1,  2,  4  superseded,  1909,  504  §§  1,  107.  (See  1909,  504  §  14.) 

R.  L.  87. 

614  Superseded,  1909,  490  III  §  64.  (See  1909,  440  §  2.)  R.  L.  14. 

615  See  1909,  490  III  §§  72-79.  R.  L.  14. 
624  See  1909,  490  IV  §  20.  R.  L.  15. 

629  Superseded,  1909,  504  §§  1,  107.  R.  I..  87. 

636  §  1  amended,  1909,  369.  (See  1909,  485.)  R.  L.  Ill,  112. 

637  §  1  amended,  1909,  216.  (See  1911,  8.)  R.  L.  217. 
639  See  1909,  472,  489;  1911,  471.  R.  L.  42,  86. 

642  Superseded,  1909,  534  §§  30,  31.  R.  L.  47,  52,  102. 

645  Superseded,  1909,  514  §§  48,  145.  R.  L.  106. 

648  Repeal  and  substitute,  1909,  534.  R.  L.  47,  52,  54,  102. 

650  Superseded,  1909,  514  §§  112,  145.  R.  L.  106. 


General  Laws.  1M3 


Statutes  of  1909. 

Chap. 

50  See  1909,  147;  1910,  80;  1911,  667.  R.  L.  9. 

60  Soe  1909,  229.  Res.  1911,  5.  R.  L.  2,  42. 

116  See  1909,  183.  R.  L.  159. 

136  See  1909,  148.  R.  L.  6,  27. 

147  Amended,  1910,  80;  1911,  667.  R.  L.  9. 

148  Repealed,  1910,  137.  R.  L.  6. 
160  See  1910,  273.  R.  L.  204. 

180  Superseded,  1911,  456  §  1.  R.  L.  83,  153,  220. 

181  See  1911,  175.  R.  L.  46,  83,  86. 
192  See  1910,  499.  R.  L.  118. 

194  See  1911,  374.  R.  L.  91. 

204  Superseded,  1910,  645.  (See  1910,  555  §  3.)  R.  L.  201. 

206  See  1911,  593.  R.  L.  173. 

211  Superseded,  1909,  514  §§  139,  145.  R.  L.  106. 

216  See  1910,  275;  1911,  8.  R.  L.  217. 

219  §  2  amended,  1911,  473  §  2.  (See  1910,  287.)  R.  L.  160. 

229  Superseded,  1911,  232.  R.  L.  42. 

"235  See  1911,  150.  R.  L.  168. 

236  See  1911,  212,  501.  R.  L.  173. 

237  See  1911,  150.  R.  L.  197. 

243  See  1909,  490  I  §§  10,  11;  1911,  135  §  5.  R.  L.  12,  25,  26. 

248  Amended,  1910,  266.  R.  L.  164. 

256  See  1909,  491  §  7;  1911,  344.  R.  L.  113. 

259  Superseded,  1909,  490  II  §  45.  R.  L.  13. 

262  Repeal  and  substitute,  1911,  614.  (See  1910,  614;  1911,  235.)  R.  L. 

92  102. 

263  See"l909,  452;  1910,  150;  1911,  474.  R.  L.  28,  89. 

266  Affected,  1910,  440.  (See  1909,  268,  490  IV  §  24;  1911,  191.)  R.  L. 

15. 

267  §  1,  see  1909,  490  III  §  40.     §  2  amended,  1909,  439  §  2.     (See  1909, 

490  III  §  34.)    R.  L.  14. 

268  Superseded,   1909,   527   §   1.     (See   1909,  490  IV   §   1;    1911,   191.) 

R.  L.  15. 

271  §  1  amended,  1910,  373.  R.  L.  22. 

272  Repealed,  1911,  356  §  6.  (See  1910,  365;  1911,  236.)  R.  L.  92. 
274  See  1909,  504  §§  14,  69,  105,  106;  1910,  345.  R.  L.  87,  219,  225. 
276,  See  1910,  439.  R.  L.  7. 

278  See  1911,  727.  R.  L.  119. 

281  §  1  amended,  1911,  48.  (See  1911,  440.)  R.  L.  104,  108. 

287  §  2  amended,  1909,  450.  (See  1910,  338;  1911,  358.)  R.  L.  70,  109. 

294  See  1909,  407;  1910,  339;  1911,  111.  R.  L.  119. 

298  See  1911,  633.  R.  L.  16. 

301  Amended,  1911,  377.     R.  L.  76. 

309  See  1909,  422.     R.  L.  92. 

316  See  1910,  124;  1911,  349.     R.  L.  121,  122. 


1444  Changes  in  the 

Chap.  1909 

317  Repealed,  1911,  727  §  24.  R.  L.  102,  115. 

318  See  1909,  483  §  8.  R.  L.  58,  121. 
320  §  2  amended,  1910,  32.  R.  L.  75. 

325  Repeal  and  substitute,  1911,  614.  (See  1910,  319,  614;  1911,  235.) 

R.  L.  92,  102. 
328  Superseded,  1910,  533  §  2.  (See  1911,  101.)  R.  L.  92. 

342  §  1  limited,  1911,  337.  (See  1909,  490  III  §§  21,  22,  37,  38.)  R.  L. 

14,  116. 

343  See  1911,  755  §  7.  R.  L.  111. 

344  §§  1,  2  amended,  1909,  440  §§  2,  5.  (See  1909,  492.)  R.  L.  11,  12. 
356  See  1910,  520  §  3;  1911,  353,  354.  R.  L.  11. 

362  See  1911,  272,  410.  R.  L.  92. 

363  See  1909,  514  §§  127,  134.  R.  L.  106,  111. 
369  See  1909,  485.  R.  L.  112. 

371  See  1909,  514  §§  1,  2;  1911,  158.  Res.  1909,  41.  §  2  amended,  1911, 
59.  §3  amended,  1910,  S3;  1911,  74.  R.  L.  106,  107. 

375  Repealed,  1910,  387  §  11.  (See  1910,  271,  416;  1911,  289,  341.) 
R.  L.  75,  213. 

377  §  1  amended,  1910,  469.  R.  L.  91. 

378  Repealed,  1911,  396.  R.  L.  88. 

380  See  1909,  391.  R.  L.  75. 

381  Amended,  1910,  244.     R.  L.  219. 
384     Affected,  1910,  329.     R.  L.  164. 

390  §  1  amended,  1910,  463.     R.  L.  118. 

391  See  1911,  613.     R.  L.  75. 

393  §3,  see  1911,  619.     R.  L.  105,  108. 

394  See  1910,  398.     R.  L.  32. 

396     Superseded,  1910,  545  §§  1,  2,  4.     R.  L.  92. 

398  Amended,  1910,  459.     R.  L.  19,  165. 

399  Affected,  1910,  263.     §  3  amended,  1911,  81.     R.  L.  114,  115. 

402  §  1  amended,  1909,  542.     R.  L.  122. 

403  Superseded,  1910,  177.     R.  L.  91. 

405     See  1909,  443;    1910,  394,  457;    1911,  278.     §  1  amended,  1910,  114. 

§  3  superseded,  1909,  443  §§  4,  5.     R.  L.  56. 
407    Amended,  1910,  339.     (See  1911,  111.)    R.  L.  119. 
410     Amended,  1911,  561  §  4.     R.  L.  108. 

416  See  1910,  73.     R.  L.  8. 

417  See  1911,  442,  481,  509.     R.  L.  112. 

419  See  1909,  490  III  §  25,  491  §§  4,  7;    1910,  343.     R.  L.  14,  113. 

421  See  1911,  18,  187.     R.  L.  92. 

423  See  1910,  327.     R.  L.  98. 

430  See  1909,  490  III  §  2.     R.  L.  14. 

431  Superseded,  1911,  73.     R.  L.  164. 
436  Superseded,  1910,  627.     R.  L.  89. 

439  §§  1,  2  amended,  1909,  440  §  2.  (See  1909,  490  I  §  23  [10].  Ill 
§§  40,  41,  45.)  §  3,  see  1909,  490  III  §  42.  §  4,  see  1909,  490 
III  §  45.     R.  L.  14. 


General  Laws.  1445 

Chap.  1909 

440  §  2,  see  1909,  490  I  §§  7,  13-15,  23,  2G,  41,  57,  93-90.  II  §§  3,  14, 
36,  51,  89.  Ill  §§  4,  6,  8,  10,  11,  14,  21,  26,  37,  40,  41,  64,  72, 
78.    R.  L.  12,  13,  14. 

444     Affected.     Res.  1911,  103.     R.  L.  89. 

449  Repealed,  1911,  366  §  2.    (See  1909,  490  I  §  101.)    R.  L.  12. 

450  See  1910,  338;  1911,  358.     R.  L.  70,  111. 
457     §  3  revised,  1910,  282;  1911,  466.     R.  L.  39. 

466     Superseded,  1911,  118.     (See  1911,  172.)    R.  L.  92. 
468     §  2  amended,  1910,  467.     §  3  amended,  1910,  470.     §  14,  see  1910, 
412.     R.  L.  79. 

471  Amended,  1911,  297  §  5.    (See  1909,  474,  476.)    R.  L.  75,  90. 

472  §  2  revised,  1911,  605.     R.  L.  42,  86. 

476  See  1911,297  §6.     R.  L.  75,  90. 

477  §  1  amended,  1910,  374.     (See  1911,  349.)    R.  L.  121. 
486     §  30,  see  1910,  414  §  6.     R.  L.  225. 

488     Amended,  1910,  499  §  2;  1911,  205.     (See  1911,  251.)  R.  L.  118. 

490  I  §  5  amended,  1909,  516  §  1;    1910,  333.     §§  10,  11,  see  1911,  135. 

§  12,  see  1910,  650.  §  15,  see  1911,  75.  §  23  amended,  1909,  516 
§  2;  1911,  383  §  2.  §§  24-40,  see  1909,  490  III  §  7;  1910,  260. 
§§  41-43,  see  1909,  517  §§  1,  2.  §  42  amended,  1909,  515  §  1. 
§  75  amended,  1909,  517  §  1.  §  82,  see  1910,  272.  §  83,  see  1909, 
517  §  2.  §  85  amended,  1911,  89.  §  96  repealed,  1911,  308. 
§  101,  see  1911,  366.  R.  L.  12.  II  §  13  amended,  1909,  512. 
§  20,  see  1911,  75.  §  44  amended,  1911,  370.  R.  L.  13.  Ill  §  7 
affected,  1910,  260.  §  21,  see  1911,  618.  §  35  amended,  1910, 
235.  §  36,  see  1911,  339.  §  37  amended,  1910,  216;  1911,  383 
§  1.  §  39,  see  1910,  385.  §§  39-44,  see  1910,  456,  650.  §  40 
amended,  1911,  379.     §  41  amended,  1910,  270.     §  59  amended, 

1909,  528  §  I.  §  62,  see  1911,  339.  §  68,  see  1910,  607  §  2;  1911, 
478.  R.  L.  14.  IV  §  1  superseded,  1909,  527  §  1.  (See  1909, 
268;  1911,  191.)  §  3  amended,  1911,  502  §  1.  §  4  amended,  1909, 
527  §  2.  §  6  superseded,  1909,  527  §  3.  (See  1911,  191.)  §  7 
superseded,  1909,  527  §  4.  §  13  superseded,  1909,  527  §  5;  1911, 
359.  (See  1910,  440.)  §  14  superseded,  1909,  527  §  6.  §  16 
superseded,  1909,  527  §  7.     §§  19,  20,  see  1911,  191.     §  21,  see 

1910,  440.  §  22  amended,  1911,  551.  §  23  in  part  repealed,  1910, 
481.     §  24,  see  1910,  440.     §  25,  see  1909,  527  §§  8,  10.     R.  L.  15. 

491  §  2,  see  1911,148.     §  3,  see  1910,  399.     §  4,  see  1910,  343.     §  7,  see 

1911,  228,  337.     R.  L.  113,  115,  116. 

493  See  1911,  251.     R.  L.  118. 

494  Amended,  1910,  503.     R.  L.  164. 
499    See  1911,  251.     R.  L.  118. 

502     §  1  amended,  1910,  558.     R.  L.  111. 

504  §  4,  see  1911,  649.  §  7,  see  1911,  334.  §  18,  see  1911,  649.  §§  19- 
22,  see  1911,  480.  §  28  et  seq.,  see  1911,  273.  §  29,  see  1911, 
595  §  4.  §  32,  see  1909,  526  §  5;  1911,  595  §  3.  §  41,  see 
1911,  595  §  9.     §§  42^5  extended,   1911,   395.     §  48,   see   1911, 


144G  CHA]srGp:s  in  the 

Chap.  1909 

394,  595  §  3.  §  49  revised,  1910,  420;  1911,  595  §  11.  §  50, 
see  1911,  273.  §  57  amended,  1911,  71  §  1.  §  58  amended,  1911, 
71  §  2.  §  09  amended,  1911,  334  §  1.  (See  1911,  334  §  2.)  §  94 
extended,  1911,  30.     §  99  amended,  1911,  206.     §  105  affected, 

1910,  345.  (See  1911,  273.)  §  106  amended,  1910,  122.  R.  L.  87, 
145,  219. 

508     §  3  in  part  repealed.     1910,  472.     R.  L.  92. 

514     §§  1-8,  see  1910,  83.     §  3  amended,  1911,  158.     §  17  amended,  1911, 

241.     §  27,  see  1910,  445.     §  30,  see  1910,  339;    1911,  111,  431. 

§  37  superseded,  1911,  494  §  1.     (See  1911,  151.)     §  38  superseded, 

1911,  494  §  2.  §  42  extended,  1911,  494.  §  47  extended,  1911, 
313.  (See  1911,  229.)  §  48  revised,  1911,  484.  (See  1911,  151, 
355.)  §  52  affected,  1911,  151.  §§  56-66,  see  1911,  269,  310. 
§  58  amended,  1910,  257  §  3.  §  60  amended,  1910,  257  §  4.  §  61 
amended,  1910,  249.  (See  1911,  269.)  §  66,  see  1911,  241.  §  68, 
see  1911,  229.  §  74,  see  1911,  455.  §  75  superseded,  1910,  404. 
§  80  amended,  1910,  259  §  1.  §  82  amended,  1910,  259  §  2.  §§  83, 
84,  see  1910,  543.  §  101,  see  1911,  281.  §  105,  see  1910,  345; 
1911,  603,  604.  §  106,  see  1911,  313.  §  112  amended,  1910,  350; 
1911,  208,  249.  §  116  amended,  1911,  263.  §§  121-125  affected, 
1911,  727  §  22.  §  125  amended,  1910,  563.  §§  127-135,  141-143 
limited,  1911,  751  I  §  4.  (See  1911,  751  I  §  5,  IV  §  23.)  §  132 
amended,  1910,  166  §  2,  611;  1911,  178.  §§  136-140  repealed, 
1911,  751  V  §  4.  §  144,  see  Res.  1911,  110.  §  145  amended,  1910, 
63.     R.  L.  106,  107. 

527  §§  3,  5,  9  affected,  1910,  440;  1911,  191.     §  5  amended,  1911,  359. 

R.  L.  15. 

528  §  1,  see  1911,  339.  R.  L.  14. 
531  See  1910,  462.  R.  L.  62. 

534  §  3  amended,  1910,  605  §  1.  §  5  amended,  1910,  605  §  2.  §  8  amended, 
1910,  605  §3.  §  10  amended,  1910,  605  §  4.  §  12  amended,  1911, 
37.  R.  L.  6,  9.  §  14  amended,  1910,  605  §  5.  §  16  amended, 
1910,  605  §  6.  §  30  amended,  1910,  525.  (See  1911,  250  §  2.) 
R.  I..  47,  52,  54,  102. 

536  §§  1,  3  in  part  repealed,  1910,  597.  R.  L.  103. 

Statvites  of  1910. 

55  See  1911,  422.  R.  L.  11. 

80  Amended,  1911,  667.  R.  L.  9. 

83  Amended,  1911,  74.  R.  L.  107. 

114  See  1910,  394.  R.  L.  56,  75. 

124  See  1910,  374;  1911,  349.  R.  L.  121,  122. 

150  Affected,  1911,  474.  R.  L.  28,  89. 

166  §  2  amended,  1910,  611;  1911,  178.  (See  1911,  751  II  §  15  d  seq.) 

R.  L.  106. 

172  See  1910,  271,  387,  416.  R.  L.  75,  213. 


General  Laws.  1447 

Chap.  1910 

21G  Amended,  1911,  383  §  1.     R.  L.  14. 

220  See  1910,  268;  1911,  82.     R.  L.  6,  9. 

223  See  1910,  284;  1911,  477.     R.  L.  102,  104. 

228  Amended,  1911,  326,  633.     R.  L.  16. 

233  See  1910,  588.     R.  L.  108. 

249  See  1911,  269,  310.     R.  L.  106. 

257  §  3  amended,  1911,  269.     R.  L.  106. 

263  See  1911,  81.     R.  L.  114,  115. 

268  §  1  amended,  1911,  43.  R.  L.  6,  9. 

271  See  1910,  387,  416;  1911,  372.  R.  L.  75,  213. 

275  See  1911,  8.  R.  L.  217. 

282  Revised,  1911,  466.  R.  L.  39. 

293  Amended,  1911,  7.  R.  L.  11. 

306  See  1910,  342.  R.  L.  6. 

319  See  1910,  614.  R.  L.  92,  102. 

321  See  1910,  363.  R.  L.  53. 

332  Amended,  1911,  116.  R.  L.  217. 

339  See  1911,  111.  R.  L.  119. 

345  Amended,  1911,  604.     R.  L.  223. 

348  §  2  amended,  1911,  747.     R.  L.  16. 

350  Amended,  1911,  208.     R.  L.  106. 

365  Repealed,  1911,  356  §5.     (See  1911,  236.)    R.  L.  92. 

366  Extended,  1911,  361.     R.  L.  118. 
.369  §  1  amended,  1911,  485.     R.  L.  7. 

371  §  6  affected,  1910,  598.     R.  L.  107. 

374  See  1911,  349.     R.  L.  121,  122. 

376  See  1911,  284  §  3.     R.  L.  159. 

377  See  1910,  399.     R.  L.  116. 

387  §  5  revised,  1911,  341.  §  7,  see  1911,  372.  §  9,  see  1910,  416. 

R.  L.  75,  213. 

389  Repealed,  1911,  126.  R.  L.  208. 

394  See  1910,  405,  457.  R.  L.  75. 

399  §  13,  see  1911,  339,  618.  R.  L.  115. 

405  §§  1,  2  revised,  1911,  282.  (See  1910,  523.)  R.  L.  75,  224. 

416  See  1911,  289,  341,  372.  R.  L.  75. 

420  See  1911,  394.  R.  L.  87. 

430  Superseded,  1911,542.  R.  L.  223. 

440  See  1911,  191.  R.  L.  15. 

452  See  1911,  474.  R.  L.  28,  89. 

465  Amended,  1911,  632.  R.  L.  62. 

472  Amended,  1911,  198.  R.  L.  92. 

473  Superseded,  1911,  136.  R.  L.  8. 

489  See  1910,  552;  1911,  406.  R.  L.  118. 

493  See  1911,  751  V  §  3.  R.  L.  118. 

494  §  1  amended,  1911,  103.  R.  L.  91. 
497  See  1911,  423.  R.  L.  100. 

499  §  2  amended,  1911,  205.  R.  L.  118. 


1448  Changes  in  the 

Chap.  1910 

500  See  1911,  624.  R.  L.  19. 

517  Repealed,  1911,  526  §  3.  R.  L.  6. 

520  §  3,  see  1911,  353,  354.  R.  L.  11. 

523  See  1911,  282,  603,  709.  R.  L.  75. 

524  See  1911,  247.  R.  L.  42. 

525  See  1910,  605;  1911,  250  §  2.  R.  L.  47,  102. 

533  §  1  amended,  1911,  101.  §  2  repealed,  1911,  118  §  4.  §  3  extended, 

1911,  118  §  3.  (See  1911,  215.)  R.  L.  92. 

538  Superseded,  1911,  305.  R.  L.  173. 

540  Repealed,  1911,  471  §  11.  R.  L.  42,  86. 

552  See  1911,  406.  R.  L.  118. 

555  §  3  superseded,  1910,  645.  R.  L.  201. 

559  See  191 1,  532,  628  §§  29a-33,  751.  R.  L.  106,  119. 

562  Amended,  1911,  264.  R.  L.  75. 

563  In  part  superseded,  1911,  727  §  22.  R.  L.  102,  189. 

564  Repealed,  1911,  172  §  3.  R.  L.  92. 
596  See  1911,  487.  R.  L.  112. 

598  §  5,  see  1910,  616.  R.  L.  27,  107. 

607  §§  2,  3,  4  amended,  1911,  478  §§  1,  2,  3.  §  6  amended,  1911,  478 

§  4.  R.  L.  13,  14. 

611  Amended,  1911,  178.  (See  1911,  751  II  §  15  ct  seq.)    R.  L.  106. 

614  Superseded,  1911,  614.  (See  1911,  235.)  R.  L.  92,  102. 

619  §§  1-6  amended,  1911,  338  §§  1-6.  §  10,  see  1911,  339.  §  11  (new) 

added,  1911,  338  §  7.  (See  1911,  532,  751.)  R.  L.  106. 

624  §  6  amended,  1911,  207.  R.  L.  25. 

627  Repealed,  1911,  592  §  3.  R.  L.  89. 

629  Amended,  1911,  391.  R.  L.  102. 

646  Affected,  1911,  557.  R.  L.  47. 

648  Repealed,  1911,  748.  R.  L.  96. 

651  §  1  amended,  1911,  10.  R.  L.  102. 

653  Superseded,  1911,  220.  R.  L.  89. 

Statutes  of  1911. 

48  See  1911,  440.  R.  L.  104,  108. 

53  §2,  see  1911,  150.  R.  L.  82. 

54  See  1911,  315.  R.  L.  118. 

59  See  1911,  74,  158.  R.  L.  107. 

63  See  1911,  119.  R.  L.  19. 

68  Repealed,  1911,  483.  (See  1911,  254.)  R.  L.  157. 

77  See  1911,  88.  R.  L.  100. 

101  See  1911,  215.  R.  L.  92. 

118  See  1911,  215.  R.  L.  92. 

143  See  1911,  297  §6.  R.  L.  75,  89,  90. 

145  See  1911,  298,  326,  633.  R.  L.  16. 

176  §  2  amended,  1911,  461.  R.  L.  208,  219. 

178  See  1911,  751  II  §  15  et  seq.     R.  L.  106. 


General  Laws.  1449 

Chap.  1911 

208  Amended,  1911,  249.     R.  L.  106. 

210  §  3  amended,  1911,  625.     R.  L.  25,  26. 

218  See  1911,  266.     R.  L.  56,  57,  75. 

235  Superseded,  1911,  614.  R.  L.  92,  102. 

244  See  1911,  722   R.  L.  32. 

269  See  1911,  310  R.  L.  106. 

271  See  1911,  410.  R.  L.  92. 

283  Repealed,  1911,  548  §  4.  R.  L.  211. 

284  §  2,  see  1911,  339.  R.  L.  159. 
289  See  1911,  341.  R.  L.  75,  213. 

297  §  3  amended,  1911,  534  §  1.  §  6  revised,  1911,  534  §  2.  (See  1911, 

381.)  R.  L.  75,  89. 

298  See  1911,  326.  R.  L.  16. 

326  Amended,  1911,  633.  R.  L.  16. 

338  See  1911,  532.  R.  L.  106. 

384  See  1911,  444.  R.  L.  42. 

414  See  1911,  473.  R.  L.  160. 

434  See  1911,  558.  R.  L.  122. 

442  See  1911,  481,  509.  R.  L.  122. 

481  See  1911,  509.  R.  L.  122. 

532  Affected,  1911,  553.  (See  1911,  628,  634,  751.)  R.  L.  106. 

619  See  1911,  656.  R.  L.  105,  108. 

628  See  1911,  751.  R.  L.  106,  119. 


SII|P  (dommonm^altli  of  ilaBsarljuapttH 


Office  op  the  Secretary,  Boston,  October  25, 1911. 

I  certify  that  the  acts  and  resolves  contained  in  this  vohime  are  true 
copies  of  the  originals,  and  that  the  accompanying  papers  are  transcripts 
of  official  records  and  returns. 

I  further  certify  that  the  table  of  changes  in  general  laws  has  been 
prepared,  and  is  printed  as  an  appendix  to  this  edition  of  the  laws,  by 
direction  of  the  governor,  in  accordance  with  the  provisions  of  section  1 
of  chapter  9  of  the  Revised  Laws. 

ALBERT  P.   LANGTRY, 

Secretary  of  the  Commonwealth. 


INDEX. 


INDEX. 


■^^'  PAGE 

Abandonment,  of  children  by  parents,  etc.,  law  relative  to,  amended      .          .  489 

Abatement  of  taxes  for  the  suppression  of  moths           .....  198 

Abington,  town  of,  may  appropriate  money  for  an  anniversary  celebration      .  50 

the  town  of  Hanover  may  procure  water  from    .....  868 

Abolition  of  grade  crossings,  relative  to  claims  in  connection  with           .          .  475 

relative  to,  in  the  town  of  Winchester        ......  486 

Abraham  Lincoln,  relative  to  a  bronze  memorial  tablet  of     .          .          .          .  1075 

Academy: 

American,  of  Arts  and  Sciences,  relative  to         .....  35 

Thayer,  may  hold  additional  estate            ......  10 

Accident  Board,  Industrial,  appointment  of          .....          .  1003 

Accommodations,  provided  by  street  railway  companies,  word  defined  .          .  447 

Accountants,  certified  public,  relative  to      .......  60 

town,  appointment  and  duties  of       ......          .  155 

Accounts,  of  executors,  administrators,  etc.,  relative  to          ...          .  141 

Action,  of  contract,  procedure  in         .......          .  262 

Actions,  for  recovery  of  damages  for  injuries,  etc.,  relative  to  commencing     .  133 

Actions  at  law,  may  be  changed  to  suits  in  equity         .....  234 

Adams,  George  G.,  the  county  of  Essex  may  pay  a  sum  of  money  to      .          .  175 
Address,  inaugural,  of  the  governor            .          .          .          .          .          .          .1117 

Adjutant  general,  appropriations  for  ........  788 

Administrators,  etc.,  relative  to  suits  against        .  .  .  .  .  .114 

accounts  of    ..........         .  141 

of  the  estates  of  deceased  persons,  appointment  of,  etc.       .  .        576,  608 

Adulterated  food  or  drugs,  prosecutions  for  selling        ....  250 

Adultery,  libels  for  divorce  for,  naming  of  co-respondents  in           ...  93 
Advertisement,  of  divorce  business,  relative  to     .          .          ,          .          .          .62 

Advertisements,  political,  relative  to  certain         ......  410 

Advertising,  of  shares  of  stock  of  mining  corporations,  I'elative  to            .          .  480 

Age  and  schooling  certificates,  of  minors,  relative  to     .          .          .          .          .  231 

Aged  People,  the  Newton  Home  for,  the  Stone  Institute  may  convey  its  prop- 
erty to 624 

Agents,  insurance,  granting  licenses  to          ......          .  419 

legislative,  law  relative  to,  amended           ......  888 

Agricultural  College,  Massachusetts,  transfer  of  the  property  of,  to  the  com- 
monwealth      ..........  266 

may  lease  certain  parcels  of  land  for  providing  dwellings  for  professors, 

etc.,  of  the  college   .........  398 


14:56  Index. 


Agricultural  College,  Massachusetts,  appropriations  for 

relative  to  annual  payments  to  ...         . 

improvements  at     . 
Agricultural  expenses,  appropriations  for     . 
Agricultural  resources,  reprint  of  a  certain  publication  relating  to 
Agricultural  school,  relative  to  the  establishment  of,  in  or  near  the  city  of 
Boston    ..... 

Agriculture,  board  of,  expenses  of 

appropriations  for  .... 

Alewife  brook,  construction  of  a  bridge  over 

purification  and  improvement  of 
Amendment  to  the  constitution,  relative  to  the  use  of  voting  machines,  sub 
mitted  to  the  people  ....... 

increasing  the  power  of  the  legislature  to  authorize  the  taking  of  land 
etc.,  submitted  to  the  people     ...... 

proposed,  relative  to  disqualifying  from  voting  persons  convicted  of 
certain  offences         ........ 

relative  to  the  taxation  of  wild  or  forest  lands        ... 
American  Academy  of  Arts  and  Sciences,  relative  to     . 

American  Land  and  Irrigation  Exposition,  representation    of    the    common 
wealth  at         ........         . 

Amesbury,  town  of,  expense  of  maintaining  a  certain  bridge  over  the  Powow 
river  in  . 

to  be  repaid  for  a  certain  sum  expended  on  the  fender  pier  of  the  Essex 
Merrimac  bridge 

Amherst,  town  of,  certain  parcels  of  land  may  be  leased  in,  for  dwellings  for 
the  professors  of  the  Massachusetts  Agricultural  College 
may  refund  certain  notes  ...... 

Amusement,  places  of,  no  discrimination  to  be  made  by,  in  cases  of  persons 

wearing  the  uniform  of  the  United  States  army,  etc.     . 
Angel  Guardian,  Trustees  of  the  House  of,  may  hold  additional  estate 
Animals,  appointment  of  inspectors  of         ....  . 

Annuities,  to  soldiers  and  others,  appropriation  for  the  payment  of 
Annuities  and  pensions,  to  employees  of  cities  and  towns,  law  relative  to  a 

retirement  system  for  payment  of,  amended 
Annuity,  to  the  widow  of  Patrick  Burke     ... 
to  the  widow  and  children  of  Michael  J.  Coyne 
to  Matilda  C.  Haskins    ..... 

Apiaries,  appointment  of  an  inspector  of     . 
Appeal,  in  cases  of  neglected  children,  relative  to 

board  of,  for  fire  insurance  rates,  to  establish     . 
Appealed  cases,  certain,  payment  of  costs  in 
Appeals,  etc.,  to  the  supreme  judicial  court,  etc.,  relative  to 
Appropriations  : 

compensation  and  mileage  of  members  of  the  general  court,  etc 
salaries  and  expenses  in  the  executive  department 
salaries  and  expenses  in  the  judicial  department 


PAGE 

554 
613 

1086 

873 

1034 

1085 
138 
873 
196 
443 

1067 

1076 

1105 

1106 

35 

1098 

153 

504 

398 
779 

446 

10 

111 

408 

299 
522 
466 
219 
164 
131 
481 
213 
240 

3 
4 

45 


Index. 


1457 


Appropriations  —  continued. 

salaries  and  expenses  in  the  secretary's  department    . 
salaries  and  expenses  in  the  treasurer's  department     . 
salaries  and  expenses  in  the  auditor's  department 
salaries  and  expenses  in  the  attorney-general's  department 
salaries  and  expenses  in  the  adjutant  general's  department 
salaries  and  expenses  in  the  quartermaster  general's  department 
salaries  and  expenses  in  the  surgeon  general's  department   . 
salaries  and  expenses  in  the  office  of  the  civil  service  commission 
salaries  and  expenses  in  the  office  of  the  controller  of  county  accounts 
salaries  and  expenses  in  the  office  of  the  insurance  commissioner 
salaries  and  expenses  in  the  office  of  the  commissioner  of  pubhc  records 
salaries  and  expenses  in  the  office  of  the  prison  commissioners,  etc. 
salaries  and  expenses  in  the  office  of  the  tax  commissioner  . 
salaries  and  expenses  in  the  office  of  the  state  board  of  insanity  . 
salaries  and  expenses  in  the  state  hbrary  ..... 
salaries  and  expenses  in  the  office  of  the  state  board  of  education 
salaries  and  expenses  in  the  office  of  the  state  board  of  health 
salaries  and  expenses  in  the  bureau  of  statistics 
salaries  and  expenses  of  the  land  court      ..... 
salaries  and  expenses  of  the  state  board  of  conciliation  and  arbitration 
salaries  and  expenses  of  the  district  police          .... 
salaries  and  expenses  of  the  gas  and  electric  light  commissioners 
salaries  and  expenses  of  the  harbor  and  land  commissioners 
salaries  and  expenses  of  the  railroad  commissioners     . 
salaries  and  expenses  of  the  board  of  registration  in  dentistry 
salaries  and  expenses  of  the  board  of  registration  in  medicine 
salaries  and  expenses  of  the  board  of  registration  in  pharmacy 
salaries  and  expenses  in  the  department  of  the  state  board  of  charity 
salaries  and  expenses  of  the  board  of  registration  in  veterinary  medicine 
salaries  and  expenses  in  the  office  of  the  state  board  of  agriculture 
salaries  and  expenses  in  the  department  of  the  bank  commissioner 
salaries  and  expenses  in  the  office  of  the  sergeant-at-arms    . 
salaries  and  expenses  in  the  office  of  the  dairy  bureau 
salaries  and  expenses  in  the  office  of  the  cattle  bureau 
salary  and  expenses  of  the  commissioner  of  state  aid  and  pensions 
salary  and  expenses  of  the  commissioner  of  weights  and  measures 
salary  and  expenses  of  the  state  forester    ..... 
salary  and  expenses  of  the  state  ornithologist     .... 
compensation  and  expenses  of  the  ballot  law  commission     . 
compensation  and  expenses  of  commissioners  on  fisheries  and  game 
expenses  of  the  board  of  free  public  library  commissioners  . 
expenses  of  exterminating  contagious  diseases  among  cattle,  etc. 
expenses  of  the  nautical  training  school     ..... 
expenses  of  establishing  Ufe  insurance  departments  by  savings  banks 
certain  expenses  authorized  in  the  year  1911,  etc.         413,  562,  975,  993, 
sundry  agricultural  expenses 


1458 


Index. 


Foxborough  state  hospital 
Gardner  state  colony 
Lakeville  state  sanatorium 
Lyman  and  industrial  schools 
Lyman  school  for  boys    . 
Massachusetts  Agricultural  College 
Massachusetts  commission  for  the  blind 
Massachusetts  highway  commission 
Massachusetts  hospital  school 
Massachusetts  Institute  of  Technology 
Massachusetts  School  for  the  Feeble-Minded 
Massachusetts  State  Firemen's  Association 
Medfield  state  asylum     .... 
Monson  state  hospital     .... 
North  metropolitan  system  of  sewage  disposal 
North  Reading  state  sanatorium 
Northampton  state  hospital     . 
Rutland  state  sanatorium 
Soldiers'  Home       ..... 


PAGE 

797 
875 
865 
788 
273,  562,  975,  993,  1024 


Appropriations  —  continued. 
sundry  armory  expenses 
sundry  charitable  expenses 
sundry  educational  expenses 
simdry  military  expenses 

sundry  miscellaneous  expenses  .         .         .  260, 

sundry  reformatory  expenses    . 
payment  of  state  and  military  aid 
payment  of  annuities  to  soldiers,  etc 

premiums  on  secttrities  purchased  for  the  Massachusetts  School  Fund 
compensation  of  retired  veterans,  etc. 
suppression  of  the  gypsy  and  brown  tail  moths 
improvement  of  a  channel  in  Plymouth  harbor 
maintenance  of  the  reformatory  for  women 
maintenance  of  the  Massachusetts  reformatory 
maintenance  of  the  state  prison 
maintenance  of  the  prison  camp  and  hospital     . 
maintenance  of  the  state  farm 
maintenance  of  the  state  infirmary   . 
maintenance  of  the  Penikese  hospital 
maintenance  of  the  metropolitan  water  system  . 
maintenance  of  the  state  industrial  school  for  girls 
maintenance  of  the  industrial  school  for  boys     . 
maintenance  of  the  new  hospital  for  dipsomaniacs 
maintenance  of  independent  industrial  schools   . 
payment  of  interest  on  state  debt,  etc 
Boston  state  hospital 
Danvers  state  hospital     . 


863 
274 
408 
409 
373 

511,  714 
273 
864 
867 
864 
867 
577 
777 
877 
862 
512 
512 
1022 
282 
272 

506,  857 
862 
867 
856 
597 
511 
512 
554 
860 
578 
788 
384 
859 
274 
861 
856 
860 
599 
862 
599 
408 


Index. 


M59 


Appropriations  —  concluded.  page 

South  metropolitan  system  of  sewage  disposal   .....  858 

Taunton  state  hospital    .........  859 

Westborough  state  hospital      ........  861 

Westfield  state  sanatorium       ........  599 

Worcester  Polytechnic  Institute        .......  317 

Worcester  state  asylum  .........  863 

Worcester  state  hospital           ........  860 

Wrentham  state  school    .........  857 

for  the  food  and  drug  department  of  the  board  of  health     .         .         .  254 

provincial  state  house      .........  272 

printing  and  binding  public  documents,  etc.       .....  876 

care  and  maintenance  of  reservations,  etc.  .  .  .  598,  786,  787 

publication  of  record  of  soldiers  and  sailors  in  the  war  of  the  rebelUon  .  374 

continuing  the  pubH  cation  of  the  province  laws           ....  880 

payment  of  claims  arising  from  the  death  of  firemen  ....  409 

care  and  maintenance  of  Wellington  bridge         .....  698 

care  and  maintenance  of  the  Nantasket  Beach  reservation            .          .  786 

certain  sinking  funds        .          ...          .          .          .          ,          .          .  120 

supervision  of  telegraph  and  telephone  companies       ....  579 

band  concerts,  in  reservations,  etc.   .  .  .  .  .  .  .611 

boulevards  and  parkways         ........  787 

for  purchasing  land,  etc.,  at  the  Bridgewater  normal  school          .         .  374 

for  abatement  of  smoke  in  Boston  and  vicinity           ....  639 

for  the  care  of  the  Charles  River  basin      ......  598 

for  the  care  of  Wellington  bridge       .......  598 

for  the  trustees  of  hospitals  for  consumptives     .....  600 

for  reimbursing  cities  and  towns  for  loss  of  taxes  on  land  used  for  pub- 
lic institutions           .........  355 

Arlington,  town  of,  may  construct  a  bridge  over  Alewife  brook      .         .         .  196 

boimdary  line  between  the  city  of  Cambridge  and       ....  391 

Armory  expenses,  appropriations  for  .         .         .         .         .         .         .         .  797 

Army  nurses,  of  the  civil  war,  memorial  to           ......  1036 

Arrest,  of  persons  present  on  premises  searched  for  the  sale  of  hypnotic  drugs, 

relative  to        .........          .  359 

Arsenal,  state,  to  authorize  the  employment  of  a  watchman  at      .         .         .  983 
Art  commissions,  cities  and  towns  may  estabhsh           .          .          .          .          .113 

Arts  and  Sciences,  American  Academy  of,  relative  to  .  .  .  .  .35 

Assessment  of  taxes,  on  legacies  and  successions,  relative  to           ...  327 

Assessments,  omitted  from  annual  tax  bills,  time  of  making           ...  69 

special,  on  tax  bills,  placing  of           .......  55 

by  cities  and  towns  in  the  metropolitan  parks  district,  payment  of       .  447 

Assessors,  returns  by,  of  municipal  assets,  etc.     ......  265 

Assets,  municipal,  returns  of,  by  assessors  .......  265 

Assignment  of  wages,  relative  to         .......         .  887 

Assistant  clerk  of  courts,  county  of  Hampden,  salary  established  .         .         .  130 

Assistant  clerks,  of  the  senate  and  house,  salaries  estabUshed         .         .         .  799 


1460 


Index. 


Assistant  probation  officer,  for  the  municipal  court  of  the  Roxbury  district, 
appointment  of         .......  . 

Assistant  probation  officers,  female,  relative  to    . 

Assistant  register  of  probate,  etc.,  county  of  Worcester,  salary  established 
Assistant  registers  of  probate,  etc.,  county  of  Suffolk,  salaries  established 
Associate  justices,  of  the  superior  court,  to  increase  the  number  of 
Associations  : 

Boston  Young  Men's  Christian,  the  School  of  Commerce  and  Finance 
of,  may  grant  degrees        ....... 

Business  Men's,  of  Charlestown,  incorporated    .... 

Joseph  Warren  Monument,  may  transfer  its  property  to  the  Roxbury 
Historical  Society     ........ 

Massachusetts  Employees  Insurance,  incorporated 
New  Bedford  Young  Women's  Christian,  conveyance  of  certain  prop 
erty  to    .........  . 

New  Bedford  Women's  Christian,  may  convey  its  property 
North  Hanover  Firemen's,  incorporated    ..... 

Russellville  Cemetery,  incorporated  ..... 

Wadsworth  Cemetery,  incorporated  ..... 

Wakefield  Real  Estate  and  Building,  to  extend  the  charter  of 
Associations,  certain,  taking  of  deposits  by  ..... 

investigation  of,  relative  to  their  doing  business  imder  written  instrU' 
ments,  etc.       ......... 

for  the  care  of  the  insane,  not  to  be  exempt  from  taxation  without  the 

consent  of  cities  and  towns  in  which  they  are  located  . 
imposition  and  collection  of  fines  by  ..... 

Attempted  crimes,  relative  to  punishment  for      ..... 

Attendance,  upon  pubhc  schools,  relative  to         .         .         . 
Attendants,  in  certain  institutions,  to  provide  for  the  instruction  of 
Attleborough,  town  of,  may  borrow  money  for  sewerage  purposes 
Attorney-general,  appropriations  for  the  department  of         .  .         . 

to  assist  the  tax  commissioner  in  making  an  investigation  of  certain 
voluntary  associations       ....... 

Auditor,  state,  appropriations  for  the  department  of    . 

relative  to  a  vacancy  in  the  office  of  ..... 

Auditors,  appointed  by  the  courts,  travelling  expenses  of      . 
Audubon  road,  in  Boston,  laying  out  of  a  street  to  connect  Huntington  avenue 
with        .......... 

Automobiles,  etc.,  to  permit  speed  tests  of,  on  certain  highways  in  Lowell  and 
Tyngsborough  ........ 

Avon,  town  of,  the  city  of  Brockton  may  construct  a  storage  reservoir  in 


PAGE 

89 
8 

55 
433 
596 


88 
390 

80 

1007 

628 

628 
32 

236 
95 
10 

324 

1058 

388 
423 
100 
229 
777 
425 
18 

1059 

21 

254 

194 

438 

264 
29 


B. 

Back  Bay  Fens,  in  Boston,  laying  out  of  a  street  across,  to  connect  Hunting- 
ton avenue  with  Audubon  road  ...... 

Bail,  person  released  on,  may  give  personal  recognizance,  in  certain  cases     . 


438 
122 


Il^^DEX. 


1461 


Bait,  scented,  to  prohibit  trapping  with 

Ballot  law  commission,  appropriations  for  . 

Ballots,  printing  and  distribution  of,  appropriations  for 

Band  concerts,  in  reservations,  appropriation  for 

Bank  commissioner,  appropriations  for        . 

duties  of,  relative  to  the  taking  of  deposits  by  certain  persons,  etc 
Bank  incorporation,  board  of,  may  revoke  certain  certificates 
Banking  institutions,  deposits  in,  made  in  the  names  of  two  persons,  payment 

of 

Barnstable,  town  of,  water  supply  for 

planting  and  cultivating  clams  and  quahaugs  in 
Barnstable  county,  tax  granted  for     . 
Barnstable  Water  Company,  incorporated  . 
Bastard  children,  maintenance  of        .         .         . 
Batt,  William  J.,  in  favor  of      . 
Beale,  Arthur  M.,  justice  of  the  peace,  acts  confirmed 
Beam  trawling,  in  Boston  harbor,  to  prohibit 
Bee  diseases,  suppression  of       ...         . 
Belmont,  town  of,  boundary  fine  between  Watertown  and 
Benefit  societies,  fraternal,  control  and  regulation  of 
Benefits,  payment  of,  by  secret  orders,  etc. 
Berkshire  county,  improvement  of  a  certain  highway  in 

tax  granted  for        ..... 
Berkshire  Street  Railway  Company,  may  sell  electricity  to 

tions  operating  trains  in  the  Hoosac  tunnel 
Beverly,  city  of,  wires  and  electrical  appliances  in 

relative  to  procuring  a  water  supply  for    . 

relative  to  the  Essex  bridge  between  Salem  and 
Billerica,  town  of,  additional  water  loan  for 
Bird  and  game  preserves,  establishment  of 
Birds,  insect-destroying,  colonizing  of  .  .  . 

Bixby  Donation  Farm,  the  Congregational  Church  of   Topsfield  may  hold 

funds  now  in  the  hands  of  the  trustees  of    . 
Black  ducks,  limiting  the  number  of,  to  be  taken  in  one  day 
Blackstone,  town  of,  the  city  of  Woonsocket,  in  Rhode   Island,  may  supply 
water  to  ...... 

Blasting  operations,  giving  of  bonds  in        .         .         . 
Blind,  Massachusetts  commission  for,  appropriations  for 
Blue  book,  relative  to  the  distribution  of    . 
Board  of  appeal,  for  fire  insurance  rates,  to  estabhsh    . 
Boards  and  commissions: 
Boards: 

board  of  agriculture,  expenses  of       ......         . 

appropriations  for         ........  . 

to  reprint  a  certain  publication  relating  to  the  agricultural  resources 
of  Massachusetts      ......... 

board  of  bank  incorporation,  may  revoke  certain  certificates 


railroad  corpora- 


1462 


Index. 


Boards  and  commissions  —  continued. 
Boards  —  continued. 

board  of  charity,  relative  to  returns  of  inventories  of  certain  state  in- 
stitutions to    ......         . 

appropriations  for        ...... 

to  take  and  hold  title  to  the  Robbins  Farm  in  Walpole 
board  of  conciliation  and  arbitration,  appropriations  for 
board  of  education,  certification  of  high  school  teachers  by,  in  certain 
schools    ........ 

law  relative  to  appointees  of,  amended  . 

duties  of,  relative  to  state-aided  vocational  education 

appropriations  for        ...... 

duties  of,  relative  to  the  obtaining  of  positions  by  school  teachers 
to  investigate  the  subject  of  a  retirement  allowance  for  certain 
teachers  ......... 

to  investigate  the  subject  of  improving  high  school  education,  etc 
to  investigate  the  matter  of  part-time  schooling  for  working  children 
to  report  a  plan  for  the  supervision  of  certain  educational  institu- 
tions      ......... 

to  investigate  the  subject  of  the  maintenance  of  textile  schools 
to  investigate  the  methods  of  supporting  public  schools   . 
to  investigate  the  question  of  authorizing  the  Lowell  textile  school  to 
grant  degrees  ....... 

to  consider  the  expediency  of  establishing  a  state  normal  school  in 
the  city  of  Boston    ...... 

to  investigate  the  question  of  establishing  an  agricultural  school  in  or 
near  the  city  of  Boston     ....... 

board  of  health,  to  make  analyses  of  paint,  turpentine,  etc.  . 
appropriation  for  the  food  and  drug  department  of 
transfer  of  certain  powers  of  the  cattle  bureau  to    . 
duties  of,  in  cases  of  unsanitary  conditions  of  barns,  stables,  etc. 
duties  of,  relative  to  slaughtering  ..... 

appropriations  for        ........ 

duties  of,  relative  to  the  protection  of  the  public  health  in  the  Ne^ 
ponset  river  valley  ........ 

to  collect  information  relative  to  the  prevalence  of  tuberculosis 
to  provide  for  an  investigation  by,  on  the  subject  of  infantile  paralysis 
to  investigate  the  question  of  the  Ipswich  river  being  used  as  a  source 
of  water  supply        ......... 

extension  of  the  work  of,'  in  regard  to  the  diagnosis  of  typhoid  fever 
to  make  an  examination  of  the  water  of  Lake  Cochituate 
chairman  of,  etc.,  to  investigate  the  engineering  expenses  of  the  com- 
monwealth      .......... 

board  of  insanity,  transfers  and  removals  by,  of  inmates  of  certain  in- 
stitutions        .......... 

receipts  of  institutions  under  the  supervision  of       ...         . 

appropriations  for        ......... 


PAGE 
119 

875 

1081 

25 

364 
449 
458 
865 
890 

1055 
1061 
1062 

1062 
1062 
1065 

1074 

1079 

1085 
163 
254 
255 
370 
556 
741 

780 

870 

1056 

1057 
1056 
1074 

1099 

295 
470 

858 


Index. 


1463 


Boards  and  commissions  —  continued. 
Boards  —  concluded. 

metropolitan  water  and  sewerage  board,  duties  of,  relative  to  extending 
the  metropolitan  sewer  to  the  town  of  Braintree 
to  extend  the  water  service  system  to  the  town  of  Hyde  Park 
wages  of  employees  of  ...... 

to  make  an  examination  of  the  water  of  Lake  Cochituate 
chairman  of,  etc.,  to  investigate  the  engineering  expenses  of  the  com- 
monwealth      ....... 

board  of  registration  in  dentistry,  appropriations  for 

board  of  registration  in  medicine,  appropriations  for 

board  of  registration  in  pharmacy,  appropriations  for 

board  of  registration  in  veterinary  medicine,  examination  of  applicants 

by 

appropriations  for        .... 

Commissions: 

ballot  law  commission,  appropriations  for 
bank  commissioner,  appropriations  for 

duties  of,  relative  to  the  taking  of  deposits  by  certain  persons,  etc 
commission  for  the  blind,  appropriations  for 
Boston  transit  commission,  to  extend  the  term  of  office  of,  etc 
civil  service  commissioners,  appropriations  for 
relative  to  qualifications  for  examination  by 
controller  of  county  accounts,  appropriations  for 
commissioner  of  corporations,  duties  of,  relative  to  the  listing  and  ad- 
vertising of  shares  of  stock  of  mining  corporations 
commissioners  on  fisheries  and  game,  may  arrest  persons  pulling  down 
stone  walls,  etc.        ........ 

to  approve  the  introduction  of  fish  into  state  waters 

to  investigate  the  question  of  destroying  moths,  etc. 

may  establish  a  station  for  the  propagation  of  game  birds,  etc 

may  stock  great  ponds  with  food  fish     ..... 

duties  of,  relative  to  the  protection  and  importation  of  wild  turkeys 
commissioners  on  fisheries  and  game,  duties  of,  relative  to  the  hunt- 
ing, etc.,  of  quail      ......... 

duties  of,  relative  to  establishing  game  preserves     .... 

appropriations  for        ......... 

to  provide  for  the  maintenance  of  a  fish  hatchery  by    . 
free  public  library  commissioners,  appropriations  for  .... 

gas  and  electric  light  commissioners,  relative  to  the  report  of 

appropriations  for        ......... 

harbor  and  land  commissioners,  appropriations  for     .... 

may  change  the  location  of  a  portion  of  the  reserved  channel  at 
South  Boston  .  .  ....... 

chairman  of,  etc.,  to  investigate  the  engineering  expenses  of  the 
commonwealth         ......... 

highway  commission,  may  destroy  certain  worthless  papers 


PAGE 

17 

448 

561 

1074 

1099 
51 

728 
729 

150 

728 

18 

52 

324 

860 

687 

23 

92 

19 

480 

130 
138 
163 
233 
241 
313 

320 
399 

889 
1064 

878 
253 
778 
890 

1075 

1099 

27 


1464 


Index. 


Boards  and  commissions  —  continued. 

Commissions  —  continued.  pagr 

highway  commission,  taking  of  land  by,  in  the  town  of  Revere  .          .  579 

appropriations  for        ........          .  578 

may  improve  a  certain  highway  between  the  towns  of  Shelburne  and 

Greenfield 802 

may  improve  the  highways  connecting  the  Hoosac  and  Deerfield 

valleys 801 

may  improve  a  certain  highway  in  the  counties  of  Berkshire  and 

Hampshire       ..........  871 

may  construct  a  highway  in  the  town  of  Salisbury          .          .          .  982 
chairman  of,  etc.,  to  investigate  the  engineering  expenses  of  the  com- 
monwealth      ..........  1099 

insurance  commissioner,  relative  to  the  annual  reports  of    .         .         .37 

classification  and  salaries  of  clerks  in  the  office  of    .         .         .         .  252 

appropriations  for        .........  408 

duties  of,  relative  to  the  control  of  fraternal  benefit  societies    .          .  690 
duties  of,  imder  the  law  relative  to  compensation  for  injuries  to  em- 
ployees          998-1012 

metropolitan  park  commission,  to  extend  the  time  for  a  report  by,  on 

the  sanitary  condition  of  the  Charles  River  reservation         .         ,  196 
wages  of  employees  of           .         .          .          .          .         .          .          .561 

may  license  the  continuance  of  certain  encroachments  on  the  Charles 

River  Embankment           ........  487 

to  consider  the  advisability  of  making  Parker  Hill  a  part  of  the 

metropolitan  park  system           .......  1056 

to  investigate  the  question  of  acquiring  land  around  Lake  Quanna- 

powitt  for  a  state  boulevard      .......  1090 

to  investigate  the  cost  of  a  parkway  in  the  towns  of  Revere  and 

Winthrop         .    ' 1094 

chairman  of,  etc.,  to  investigate  the  engineering  expenses  of  the  com- 
monwealth      ..........  1099 

prison  commissioners,  may  grant  special  permits  to  certain  prisoners  to 

be  at  liberty    ..........  436 

appropriations  for        ........          .  863 

to  make  an  investigation  as  to  the  best  methods  of  treatment,  etc., 

of  prisoners  afflicted  with  epilepsy,  etc.       .....  1038 

to  report  a  plan  relative  to  prison  industries  .....  1098 

commission  on  probation,  appropriations  for      .  .  .  .  .49 

commissioner  of  public  records,  appropriations  for       .          .          .          .  776 

printing  additional  copies  of  report  of    .          .          .          .          .          .  1032 

railroad  commissioners,  may  employ  a  certain  engineer       .         .         .  162 
duties  of,  relative  to  the  joint  use  of  tracks  by  street  railway  com- 
panies    ...........  476 

relative  to  the  appointment  of  railroad  inspectors  by       .         .         .  855 

appropriations  for        .........  974 

to  increase  the  powers  of      .......         .  1022 


IXDEX. 


1465 


Boards  and  commissions  —  concluded. 
Commissions  —  concluded. 

railroad  commissioners,  to  investigate  the  question  of  the  construction 
of  a  teaming  tunnel  under  Boston  harbor  ..... 

to  investigate  the  subject  of  the  East  and  West  tunnel  and  subway 
in  Boston         ......... 

to  investigate  the  matter  of  the  equipment  of  street  railway  cars 
to  investigate  the  question  of  accommodations  for  express  offices  at 

railroad  stations  in  . 
to  investigate  the  question  of  constructing  a  highway  bridge  over 
Matthews  street  in  Chelsea        ...... 

to  investigate  the  subway  and  transportation  system  of  the  city  of 
Boston    .......... 

to   investigate  the  subject  of  charges  for  commutation  tickets  on 
railroads  .     "    . 

tax  commissioner,  relative  to  information  filed  with,  concerning  assess- 
ment of  taxes  on  legacies,  etc.   ...... 

law  relative  to  returns  to,  amended        ..... 

appropriations  for  the  department  of     . 
to  investigate  the  question  of  certain  voluntary  associations  doing 
business,  etc.   ......... 

to  make  an  investigation  of  the  subject  of  the  taxation  of  foreign 
corporations     ......... 

commissioner  of  weights  and  measures,  may  appoint  an  additional  in 
spector    .......... 

appropriations  for         ........ 

Boards  and  commissions,  relative  to  providing  office  room  for 
Boiler  inspection  department  of  the  district  police,  to  establish  the  salary  of 
the  chief  inspector  of         ......         . 

to  provide  for  additional  members  of         ....  . 

duties  of,  relative  to  licensing  operators  of  hoisting  machinery 
Bonds,  fees  for  the  approval  of  ....... 

giving  of,  in  blasting  operations         ...... 

Boston,  city  of,  and  vicinity,  abatement  of  smoke  in    . 

the  Children's  Hospital  in,  may  hold  additional  estate 
appointment  and  duties  of  fence  viewers  in         ...  . 

may  pay  a  sum  of  money  to  Catherine  Duffy     .... 

retirement  of  veterans  in  the  service  of      ....         . 

to  provide  for  a  boat  landing  on  the  Mystic  river  in  . 

relative  to  loans  issued  by        ......         . 

may  hire  hospital  beds  for  tuberculous  patients 
taking  of  certain  land  for  a  court  house,  etc.,  in  East  Boston 
may  pay  a  sum  of  money  to  the  widow  of  George  A.  Donaghue  . 
relative  to  female  truants  in     ......  . 

may  pay  a  pension  to  E.  Bradford  Gay    ..... 

municipal  court  of,  to  provide  for  the  retirement  of  justices  of     . 
may  pension  Charles  M.  Chaplin  and  Cyrus  A.  George 


PAGE 


1051 


1466 


Index. 


Boston,  city  of,  number  of  police  officers  under  the  control  of  the  board  of 

health  of  ........ 

may  pay  a  sum  of  money  to  the  widow  of  William  T.  Cheswell 
reinstatement  of  Philip  H.  Shanley  in  the  street  department  of 
high  pressure  fire  service  in      ......  . 

maintenance  of  the  old  provincial  state  house  in         .         .         . 
construction  of  garages  in         ......  . 

certain  wires  and  electrical  appliances  in,  to  be  placed  underground 

transmission  of  high  tension  currents  of  electricity  in 

blasting  of  rocks  in  ........ 

retirement  fund  for  laborers  employed  by  .... 

to  abate  a  portion  of  betterment  assessments  on  the  laying  out  of  Co 

lumbia  road     ......... 

may  license  and  maintain  floats,  etc.,  in  certain  waters  of  the  Charles 

river  basin       .         .  .         .         .         .    •    '. 

may  establish  a  playground  in  ward  five   ..... 

laying  out  of  a  street  across  the  Back  Bay  Fens  in,  to  connect  Himt 

ington  avenue  with  Audubon  road      ..... 
may  pay  an  annuity  to  the  widow  and  children  of  Michael  J.  Coyne 
annexation  of  the  town  of  Hyde  Park  to  . 
may  pay  an  annuity  to  the  widow  of  Patrick  Burke   . 
erection  of  a  building  in,  for  the  high  school  of  commerce   . 
to  approve  the  acquisition  of  a  tract  of  land  in,  by  the  United  States 
construction  and  repair  of  certain  bridges  between  certain  cities  and 

towns  and        ...... 

to  provide  for  widening  Pleasant  street  in 

expenditure  of,  for  sewerage  works  in  the  watershed  of  the  Charles  River 

basin       .......... 

appropriation  for  the  abatement  of  the  smoke  nuisance  in  . 
relative  to  increasing  the  salaries  of  teachers  in  the  public  schools  of 
restoration  of  Thomas  P.  Roche  to  a  position  in  the  street  department 

of 

may  pay  an  annuity  to  John  J.  Carney 
relative  to  electric  transportation  facihties  in,  etc. 
to  provide  for  the  development  of  the  port  of    . 
in  favor  of  the  Merchants  Club  of    . 

relative  to  the  suburban  express  offices  at  the  union  stations  in 
relative  to  the  establishment  of  an  agricultural  school  in  or  near 
investigation  as  to  the  east  and  west  tunnel  and  subway  in 
relative  to  establishing  a  normal  school  in  .         .         . 

relative  to  the  subway  and  transportation  system  of  . 
Boston  Elevated  Railway  Company,  consolidation  of  the  property  and  fran 

chises  of,  with  the  West  End  Street  Railway  Company 
Boston  Firemen's  Relief  Fund,  law  relative  to,  amended 
Boston  harbor,  to  prohibit  beam  trawling  in         ...  . 

relative  to  the  construction  of  a  teaming  tunnel  under,  to  East  Boston 
Boston  Industrial  Development  Company,  incorporated        .         .         .         . 


PAGE 


249 
250 
254,  494 
266 
272 
312 
352 
358 
389 
405 

407 


411 
424 

438 
466 
450,  606 
522 
561 
567 


604 
611 

635 
639 

868 

872 

941 

955 

985 

1033 

1073 

1085 

1054 

1079 

1084 

944 

103 

81 

1051 

327 


Index. 


1467 


Boston  state  hospital,  appropriation  to  pay  for  land  taken  for 
appropriations  for  . 

to  provide  for  the  payment  of  damages  for  the  taking  of  land  for  . 
Boston  Terminal  Company,  provision  affecting  ..... 

Boston  transit  commission,  to  extend  the  term  of  office  of,  etc. 

duties  of,  in  the  construction  of  tunnels  and  subways  in  the  city  of 
Boston  and  vicinity  .... 

to  investigate  the  question  of  the  construction  of  a  teaming  tunnel 
under  Boston  harbor  .... 

to  investigate  the  subject  of  the  east  and  west  tunnel  and  subway  in 
Boston    ....... 

to  report  on  the  question  of  removing  the  elevated  structiire  between 

the  North  station  and  Sullivan  square 
to  investigate  the  subway  and  transportation  system  of  the  city  of 
Boston    ....... 

Boston  Young  Men's  Christian  Association,  the  School  of  Commerce  and 

Finance  of,  may  grant  degrees  . 
Boston  and  Albany  Railroad  Company,  provisions  affecting 
Boston  and  Eastern  Electric  Railroad  Company,  relative  to 
Boston  and  Northern  Street  Railway  Company,  may  purchase  the  franchise 
and  property  of  the  Old  Colony  Street  Railway  Company    . 
provision  affecting  ........ 

Boston  and  Providence  Interurban  Electric  Railroad  Company,  location  of 
in  the  town  of  North  Attleborough     ..... 

Boulevards  and  parkways,  appropriation  for  the  maintenance  of   . 
Boundary  line: 

between  the  towns  of  Belmont  and  Watertown  ... 

between  the  city  of  Cambridge  and  the  town  of  Arlington  . 
between  the  towns  of  Colrain  and  Leyden  .... 

between  the  towns  of  Dana  and  Greenwich        .... 

between  the  towns  of  Hinsdale  and  Peru  ..... 

between  the  city  of  New  Bedford  and  the  town  of  Dartmouth 
between  the  towns  of  New  Braintree  and  West  Brookfield  . 
between  the  towns  of  New  Salem  and  Prescott 
between  the  towns  of  South  Brookfield  and  New  Braintree 
between  the  towns  of  North  Brookfield  and  West  Brookfield 
Boy  Scouts,  the  New  England,  incorporated 
Boys,  industrial  school  for,  trespassing  on  land  of 

appropriation  for  ..... 

commitments  to  ..... 

improvements  at  ..... 

Lyman  school  for,  to  restrict  corporal  punishment  in 
appropriation  for  ..... 

Boys'  Clubs,  the  Federated,  holding  of  meetings  of 
Brackett,  John  G.,  justice  of  the  peace,  acts  confirmed 
Bradford  Durfee  Textile  School,  The,  in  favor  of 
additional  land  and  buildings  for      . 


PAGE 

506 

857 

1063 

956 

687 

955 
1051 
1054 
1057 
1084 


88 

389,  521,  956 

593 


275 

714 

150 

787 

330 

391 

287 

388 

1061 

217 

292 

310 

291 

291 

218 

146 

512 

627 

1096 

479 

512 

625 

1031 

1091 

1091 


1468 


Index. 


Braintree,  town  of,  extension  of  the  metropolitan  sewer  to    . 

may  regulate  the  taking  of  smelts  in  Weymouth  Fore  river  and  Wey^ 
mouth  Back  river    ........ 

water  loan  for         .  .  ........ 

Brewer,  Edward  W.,  in  favor  of  ......  . 

Brick  Company,  the  Massachusetts,  charter  to  remain  in  force 

Bridge: 

over  Alewife  brook,  construction  of  . 

the  Essex,  between  Beverly  and  Salem,  to  provide  for  an  investigation  of 

the  Fox  Hill,  over  the  Saugus  river,  reconstruction  of 

the  Essex  Merrimac,  relative  to  rebuilding  the  fender  pier  of 

over  the  Merrimac  river,  in  the  city  of  Lawrence,  construction  of 

over  the  tracks  of  the  New  York,  New  Haven  and  Hartford  Railroad 

Company  in  the  city  of  Quincy,  construction  of  . 
over  the  Powow  river  in  Amesbury,  expense  of  maintaining,  etc.  . 
over  Taunton  Great  river,  between  Fall  River  and  Somerset,  construc- 


PAGE 

17 

263 

622 

1032 

592 

196 
1080 
714 
504 
935 

1102 
153 


tion  of 


576,  603 


over  the  Weymouth  Fore  river,  in  Quincy,  repairs  and  alterations  of 
relative  to  ......... 

over  Weymouth  Back  river,  between  the  towns  of   Weymouth  and 
Hingham,  construction  of  ...... 

Bridges,  etc.,  carrjdng  of  lights  by  vehicles  on,  at  night 

certain,  between  the  city  of  Boston  and  Chelsea,  Winthrop  and  Everett 
construction  and  repair  of  ...... 

over  Charles  river,  relative  to  rebuilding  ..... 

over  Herring  river  in  Harwich,  construction  and  maintenance  of  . 
Bridgewater  normal  school,  appropriation  for  purchasing  land  at,  etc.  . 
Bridgman,  Frank  E.,  assistant  clerk  of  the  house  of  representatives,  salary 
established       ......... 

Bristol  county,  to  provide  clerical  assistance  for  the  register  of  probate,  etc.,  of 
may  expend  certain  sums  for  the  law  library  at  Taunton     . 
tax  granted  for       ......... 

Brockton,  city  of,  additional  water  loan  for         ....         . 

may  construct  a  storage  reservoir     ...... 

Brokers,  insurance,  granting  licenses  to       .....         . 


183 
1021 

941 
602 

604 

428 
504 

374 

799 

437 

559 

1043 

28 

29 

419 


Brown  tail  moths,  relative  to  the  suppression  of 


464,  511,  714 


Building  Association,  the  Wakefield  Real  Estate  and,  to  extend  the  charter  of 
Bulletin,  of  committee  hearings,  publication  of    . 
Burbank,  Eleazer  R.,  in  favor  of  the  executors  of  the  will  of 
Bureau  of  statistics,  duties  of  the  chief  clerk  of    . 

relative  to  the  report  of  the   director  of,   on  financial  statistics  of 
cities  and  towns        ........ 

employment  office  of,  extension  of  the  service  of         .         .         . 

appropriations  for  ......... 

to  provide  for  printing  the  report  of  the  director  of,  on  the  debts  of 
cities  and  towns        ........ 

relative  to  certain  duties  of  the  director  of         ...         . 


10 

417 

1084 

43 

55 
121 

583 

1060 
1097 


Index. 


1469 


Burke,  Hattie,  the  city  of  Boston  may  pay  an  annuity  to 
Business  Men's  Association,  of  Charlestown,  incorporated 
Butterworth,  Arthur  F.,  in  favor  of    , 


PAGE 

622 

390 

1052 


c. 

Cambridge,  city  of,  location  of  names  of  certain  candidates  upon  the  oflBcial 
ballot  at  elections  in         .......  , 

the  Third  Congregational  Society  in,  may  convey  certain  property 

widening  of  Mount  Auburn  street  in         ....         . 

relative  to  voting  Usts  in  ....... 

boimdary  line  between  the  town  of  Arlington  and 

may  license  and  maintain  floats,  etc.,  in  certain  waters  of  the  Charles 
river  basin       ......... 

relative  to  unexpended  balances  of  appropriations  for  school  purposes  in 

to  provide  a  new  charter  for    ....... 

may  incur  indebtedness  for  a  hospital        ..... 

Canada,  resolutions  relative  to  reciprocal  interchange  of  commodities  be- 
tween the  United  States  and     ...... 

Candidates,  for  state  offices,  to  be  chosen  by  direct  nomination     . 
Capelle,  William  C,  relative  to  the  retirement  of  ...  . 

Capital  cases,  appointment  of  counsel  for  defendants  in         .         .         . 
Card  catalogue,  of  the  general  court,  purchase  of  .... 

Carney,  John  J.,  the  city  of  Boston  may  pay  an  annuity  to 
Carr,  Charles  F.,  in  favor  of      .         . 

Carriers  of  intoxicating  liquors,  law  relative  to  the  registration  of,  amended 
Cars,  of  street  railway  companies,  operation  of,  over  tracks  of  railroad  corpo 
rations    .......... 

use  of  headUghts  on         .......         . 

Cash-recording  machines,  certain,  responsibility  for  loss  of  money  deposited  in 
Cash  surrender  values,  in  certain  cases  of  insurance,  relative  to 
Cattle  bureau,  transfer  of  certain  powers  of,  to  the  board  of  health 

to  inspect  places  where  neat  cattle,  etc.,  are  kept 
Cattle  and  other  animals,  appropriation  for  exterminating  diseases  among 
Caucus  officers,  appointment  of,  law  relative  to,  amended     . 
Caucuses,  relative  to  returns  of  ....... 

tabulating  and  determining  results  of         ....  . 

by  precincts,  in  more  than  one  ward,  holding  of  .  .  . 

polling  places  for,  law  relative  to,  amended        .... 

of  political  parties,  law  relative  to,  amended  .... 
Cazeaux,  Lendall  P.,  in  favor  of  the  estate  of  ....  . 
Cemetery,  the  Hingham,  Proprietors  of,  may  hold  additional  estate 

the  Walnut  Grove,  in  Methuen,  may  transfer  its  property  to  the  Wal 
nut  Grove  Cemetery  Corporation       ..... 
Cemetery  associations: 

Russellville,  incorporated         ....... 

Wadsworth,  incorporated         ....... 


1470 


Index. 


Certificates,  of  incorporation  of  trust  companies,  may  be  revoked 

of  land  registration,  law  relative  to,  amended     .... 

of  nomination,  signing  of  ....... 

of  registration  of  hunters,  law  relative  to,  amended     . 
Certified  public  accountants,  relative  to      .....         . 

Chamber  of  Commerce,  the  Boston  Industrial  Development  Company  of,  in- 
corporated      ......... 

Change  of  names,  of  persons,  decreed  by  the  probate  courts 
Chaplin,  Charles  M.,  the  city  of  Boston  may  grant  a  pension  to    . 
Charitable  expenses,  appropriations  for       .....  . 

Charitable  Eye  and  Ear  Infirmary,  the  Massachusetts,  in  favor  of 
Charity,  board  of,  relative  to  returns  of  inventories  of  certain  state  institu- 
tions to  .........         . 

appropriations  for  .  .  .  .  . 

to  hold  title  to  the  Robbins  Farm  in  Walpole    .... 

Charles  river,  the  town  of  Natick  may  remove  obstructions  from  . 

rebuilding  existing  bridges  over         ...... 

Charles  river  basin,  licensing  and  maintenance  of  floats,  etc.,  in  certain  waters 
of  ..........         . 

appropriation  for  the  care  of  . 
relative  to  sewerage  works  in  the  watershed  of  . 
Charles  river  dam,  to  define  the  limits  of    . 

Charles  river  embankment,  relative  to  the  continuance  of  certain  encroach 
ments  upon     ......... 

Charles  river  reservation,  extending  the  time  for  making  a  report  on  the  sanl 
tary  condition  of      .......  . 

Charlestown,  Business  Men's  Association  of,  incorporated     . 
Charlestown  district  of  Boston,  to  provide  for  a  public  boat  landing  on  the  Mys- 
tic river  in       ........         . 

Chelsea,  city  of,  provision  affecting    ....... 

disposition  of  the  real  estate  of  the  First  Baptist  Society  in 
charter  revised        ......... 

relative  to  the  construction  of  a  highway  bridge  over  Matthews  street 
in  ..........  . 

Cherry  Valley  and  Rochdale  Water  District,  powers  of         .         .         . 
Cheshire,  town  of,  may  refund  certain  notes         ..... 

Chester,  town  of,  marking  and  care  of  the  grave  of  Valentine  Reudgen  in 
Cheswell,  William  T.,  the  city  of  Boston  may  pay  a  sum  of  money  to  the 
widow  of  ........  . 

Chicopee,  city  of,  and  the  town  of  Ludlow,  to  be  made  a  medical  examiner 
district    .......... 

Chiefs  of  police,  of  certain  ci^ties  and  towns,  to  extend  the  provisions  of  the 

civil  service  act  to   . 
Children,  employment  of  . 

desertion  of,  to  make  uniform  the  law  relating  to        .  .  . 

abandonment  of,  by  parents,  etc.,  law  relative  to,  amended 
bastard,  maintenance  of  ....... 


PAGE 

115 

8 

320 

192 

60 

327 

1287 
236 
875 

1052 

119 

875 

1081 

21 

428 

411 

598 
635 
608 

487 

196 
390 

111 
604 
605 
805 

1075 

116 

30 

1072 

250 

353 

450 
267 
439 
489 
39 


Index. 


1471 


PAGE 
131 

479 
158 


Children,  neglected,  notices  in  right  of  appeal  in  cases  of 

pauper,  relative  to  the  care  of  .... 

school,  deposits  in  savings  banks  by  .         .         . 

working,  part-time  schoohng  for,  to  provide  for  an  investigation  on  the 
subject  of         .......         . 

Children's  Hospital,  in  Boston,  may  hold  additional  estate   . 
Churches,  certain,  may  admit  certain  persons  to  associate  membership 
Churches,  halls,  etc.,  permission  may  be   granted  for   holding   exhibitions 
in  ........         . 

Cinematographs,  etc.,  inspection  of    . 
Cities: 

Beverly,  wires  and  electric  appliances  in    . 
relative  to  procuring  a  water  supply  for 
relative  to  the  Essex  bridge,  between  Salem  and 
Boston,  abatement  of  smoke  in         ...         . 

the  Children's  Hospital  in,  may  hold  additional  estate 

appointment  and  duties  of  fence  viewers  in     . 

may  pay  a  sum  of  money  to  Catherine  Duffy 

retirement  of  veterans  in  the  service  of 

to  provide  for  a  boat  landing  on  the  Mystic  river  in 

relative  to  loans  issued  by    . 

may  hire  hospital  beds  for  tuberculous  patients 

taking  of  certain  land  by,  in  East  Boston,  for  a  court  house,  etc. 

may  pay  a  sum  of  money  to  the  widow  of  George  A.  Donaghue 

relative  to  fem.ale  truants  in  ...... 

may  pay  a  pension  to  E.  Bradford  Gay  .... 

municipal  court  of,  to  provide  for  the  retirement  of  the  justices  of 
may  pension  Charles  M.  ChapUn  and  Cyrus  A.  George    . 
number  of  police  officers  under  the  control  of  the  board  of  health  of 
may  pay  a  sum  of  money  to  the  widow  of  William  T.  Cheswell 
reinstatement  of  Philip  H.  Shanley  in  the  street  department  of 
high  pressure  fire  service  in  . 

maintenance  of  the  old  provincial  state  house  in     . 
construction  of  garages  in     ......  . 

certain  wires  and  electrical  appliances  in,  to  be  placed  imderground 

transmission  of  high  tension  currents  of  electricity  in 

blasting  of  rocks  in       .......  . 

retirement  fund  for  laborers  employed  by       . 

to  abate  a  portion  of  betterment  assessments  on  account  of  the  laying 
out  of  Columbia  road        ..... 

may  license  and  maintain  floats,  etc.,  in  certain  waters  of  the  Charles 
river  basin       ....... 

may  estabhsh  a  playground  in  ward  five 

laying  out  of  a  street  across  the  Back  Bay  Fens  in,  connecting  Hunt- 
ington avenue  with  Audubon  road      ...... 

annexation  of  the  town  of  Hyde  Park  to         ...         .        450,  606 

may  pay  an  annuity  to  the  widow  and  children  of  Michael  J.  Coyne      466 


1062 

37 

220 

431 
36 


224 
1057 
1080 
9 
37 
56 
72 
87 
111 
126 
127 
128 
129 
152 
157 
184 
236 
249 
250 
254,  494 
266 
272 
312 
352 
358 
389 
405 


407 

411 
424 

438 


1472 


Index. 


Cities  —  continued. 

Boston,  may  pay  an  annuity  to  the  widow  of  Patrick  Burke 

erection  of  a  building  in,  for  the  high  school  of  commerce 

to  approve  the  acquisition  of  a  tract  of  land  in,  by  the  United  States 

construction  and  repair  of  certain  bridges  between  certain  cities  and 
towns  and        .......... 

to  provide  for  widening  Pleasant  street  in       ....  . 

expenditure  of,  for  sewerage  works  in  the  watershed  of  the  Charles 
river  basin       .......... 

appropriation  for  the  abatement  of  the  smoke  nuisance  in 

relative  to  increasing  the  salaries  of  teachers  in  the  public  schools  of 

restoration  of  Thomas  P,  Roche  to  a  position  in  the  street  depart- 
ment of  .........  . 

may  pay  an  annuity  to  John  J.  Carney  .... 

relative  to  electric  railway  transportation  facilities  in,  etc. 

relative  to  the  development  of  the  port  of     . 

in  favor  of  the  Merchants  Club  of  ....  . 

investigation  as  to  the  east  and  west  tunnel  and  subway  in 

relative  to  suburban  express  offices  at  the  union  stations  in 

relative  to  establishing  a  normal  school  in       . 

relative  to  the  subway  and  transportation  system  of 

relative  to  the  establishment  of  an  agricultural  school  in  or  near 
Brockton,  additional  water  loan  for  ...... 

may  construct  a  storage  reservoir  ..... 

Cambridge,  the  Third  Congregational  Society  in,  may  convey  certain 
property  ......... 

location  of  names  of  certain  candidates  upon  the  official  ballot  at 
elections  in      ........         . 

widening  of  Moimt  Auburn  street  in      ....         . 

relative  to  voting  hsts  in       ......  . 

boundary  hne  between  the  town  of  ArUngton  and  . 

may  license  and  maintain  floats,  etc.,  in  certain  waters  of  the  Charles 
river  basin       ......... 

relative  to  unexpended  balances  of  appropriations  for  school  pur- 
poses in  .  .         .         ... 

to  provide  a  new  charter  for  ...... 

may  incur  indebtedness  for  a  hospital    ..... 
Chelsea,  provision  affecting      ....... 

disposition  of  the  real  estate  of  the  First  Baptist  Society  in 

charter  revised    ......... 

relative  to  the  construction  of  a  highway  bridge  over  Matthews  street 
in  ..........  . 

Chicopee,  and  the  town  of  Ludlow,  to  be  made  a  medical  examiner 
district    .......... 

Everett,  to  provide  an  outlet  for  the  sewage  of  ... 

provision  affecting        ........ 

Fall  River,  to  establish  the  salary  of  the  clerk  of  the  board  of  police  for 


PAGE 

522 

561 

567 

604 
611 

635 
639 
868 

872 

941 

955 

985 

1033 

1054 

1073 

1079 

1084 

1085 

28 

29 

17 

7 
107 
199 
391 

411 

431 

522 
585 
604 
605 
805 

1075 

353 
505 
604 
137 


Index. 


1473 


Cities  —  continued. 

Fall  River,  relative  to  call  men  in  the  fire  department  of    .          .  .       219 
retirement  of  member^  of  the  fire  department  of      .          .          •  •       235 
construction  of  a  bridge  over  Taimton  Great  river,  between  Som- 
erset and ^'^^' 

may  raise  a  certain  sum  of  money  by  taxation,  for  the  use  of  The 

Bradford  Durfee  Textile  School 

Holyoke,  relative  to  smoke  nuisance  in 

to  incorporate  the  board  of  trade  in 

Lawrence,  to  revise  the  charter  of     .  .  •  •  • 

construction  of  a  new  bridge  over  the  Merrimac  river  in 

sale  of  the  state  armory  at 

relative  to  a  proposed  highway  between  Methuen  and     . 
Lowell,  jurisdiction  of  the  United  States  over  a  certain  tract  of  land  in 
opening  of  ways  in       .  .  ■  •  •  •  •  • 

to  permit  speed  tests  of  automobiles,  etc.,  on  certain  highways  m 

to  amend  the  charter  of        .  • 

may  raise  a  certain  sum  of  money  by  taxation,  for  the  use  of  the 
Lowell  textile  school  ...■•••• 

Lynn,  may  agree  with  the  town  of  Swampscott  as  to  a  system  of  sewag 
disposal  ...••••••• 

taxation  for  the  improvement  of  streets  in      . 

issue  of  bonds  in  ...••••• 

to  provide  for  the  reconstruction  of  Fox  Hill  bridge  between  the 

town  of  Saugus  and 

Maiden,  appointment  of  a  police  commissioner  of        .  .  • 

may  pay  an  annuity  to  the  widow  of  Michael  S.  Murphy 
use  of  school  halls  in    ..•••••  • 

may  establish  a  public  grounds  commission    .... 

to  provide  an  outlet  for  the  sewage  of    .  .  . 

retirement  of  certain  veterans  in  the  service  of         .  .  • 

Medford,  amount  of  taxes  in 

New  Bedford,  may  borrow  money  for  renewing  its  water  mains 
may  borrow  money  to  purchase  wharf  and  shore  property 
may  borrow  money  for  a  new  schoolhouse       .... 
may  borrow  money  for  sewerage  construction 
boundary  line  between  the  town  of  Dartmouth  and 

board  of  shellfish  commissioners  for 

retirement  of  veterans  in  the  service  of  .... 

relative  to  the  suit  of  Charles  H.  Sanborn  against   . 

may  raise  money  by  taxation  for  the  use  of  the  New  Bedford  textile 

school      .  .  •  •  •  •  •  ■  1-1 

Newton,  to  be  reimbursed  for  maintaining  an  independent  mdustrial 

school      .  .  •  •  • 

Northampton,  in  favor  of 

Pittsfield,  may  borrow  money  for  sewerage  purposes  . 

additional  water  supply  for 


603 

1091 
174 

881 
646 
935 

1067 

1083 
216 
2.58 
264 
747 

1088 

110 
294 
365 

714 
11 
13 

147 

147 

505 

880 

233 

50 

84 

94 

101 

217 

401 

493 

623 

1089 

1061 

1064 

101 

392 


1471 


Index. 


Cities  —  concluded. 

Pittsfield,  may  borrow  money  for  improving  its  water  works 
may  take  land  for  water  purposes  .  . 

charter  revised    ......... 

Quincy,  may  make  an  additional  sewer  loan       .... 

relative  to  the  holding  of  property  by  the  trustees  of  the  Thomas  Crane 
Public  Library  of      .  .  .  .  . 

completing  and  furnishing  a  building  for  the  district  court  of  East 

Norfolk  at       .  .   " 

repairs,  etc.,  of  a  certain  bridge  over  Weymouth  Fore  river  in 
authority  of  the  board  of  health  of         ....  . 

may  borrow  money  for  water  supply  jiurposcs 

taking  of  land  in,  for  a  building  for  the  district  court  of  East  Norfolk 

development  of  the  water  front  of  ..... 

construction  of  a  bridge  over  the  tracks  of  the  New  York,  New 
Haven  and  Hartford  Railroad  Company  in  .  .  . 

Salem,  relative  to  procuring  a  water  supply  for 

relative  to  the  Essex  bridge  between  Beverly  and    . 
Somerville,  may  construct  a  bridge  over  Alewife  brook 
Springfield,  construction,  etc.,  of  buildings  in     . 

use  of  public  streets,  etc.,  in  ...... 

police  court  of,  appointment  of  an  assistant  female  probation  officer 
for  .......... 

sale  of  intoxicating  liquors  in         .....  . 

Taunton,  payment  of  certain  bonds  issued  by    . 

may  supply  water  to  the  town  of  Raynham    .... 

the  county  of  Bristol  may  expend  certain  sums  for  the  law  library 
at  ..........  . 

Waltham,  relieved  from  obligation  to  build  a  city  hall  on  certain  land 
Woburn,  protection  of  the  public  health  in         ...  . 

Woonsocket,  in  Rhode  Island,  may  supply  water  to  the  town  of  Black 
stone       .......... 

Worcester,  building  of  a  structure  over  Fremont  street  in   . 
pensioning  of  members  of  the  police  department  of 
maintenance  of  a  passenger  station  at  the  South  Worcester  junction  in 
emergency  water  supply  for  ...... 

Cities,  certain,  to  regulate  public  lodging  houses  in       ...  . 

establishment  of  milk  distributing  stations  in     . 

appointment  of  deputy  election  officers  in  .... 

to  provide  for  the  maintenance  of  tuberculosis  dispensaries  in 
construction  of  sanitary  stations  in  . 
Cities  and  towns,  relative  to  the  report  on  the  financial  statistics  of 
appointment  of  inspectors  of  animals  in     . 
may  establish  art  commissions  ...... 

appointment  of  inspectors  of  crude  petroleum  in         .  .  . 

vacation  of  members  of  police  departments  of    .... 

licensing  and  regulation  of  lying-in  hospitals  in  ... 


PAGE 

466 
603 

S92 
42 

73 

164 
183 
259 
434 
556 
872 

1102 

1057 

1080 

196 

220 

356 

457 

496 

73 

296 

559 
119 
252 

729 
9 
106 
521 
997 
100 
236 
425 
600 
621 
55 
111 
113 
153 
157 
222 


Index. 


1475 


PAGE 

Cities  and  towns,  may  petition  for  the  stocking  of  great  ponds  with  food  fish      241 
school  committees  of,  may  expend  money  for  tlie  supervision  of  sports       268 
law  relative  to  a  retirement  system  for  the  payment  of  annuities  and 

pensions  to  employees  of,  amended     ......      299 

relative  to  the  payment  of  indebtedness  of         .  .         .         .         .317 

concerning  the  height  and  weight  of  members  of  fire  departments  in    .       317 
may  grant  the  use  of  school  halls  for  other  than  school  purposes  .       355 

may  grant  licenses  for  carrying  on  the  business  of  manicuring,  etc.       .       432 
in  the  metropohtan  parks  district,  payment  of  assessments  by     .  .       447 

to  extend  the  provisions  of  the  civil  service  act  to  chiefs  of  police  of     .       450 
reimbursement  of,  for  loss  of  taxes  on  land  used  for  pubhc  institu- 
tions      ..........        355,  468 

may  license  persons  to  sell,  etc.,  firearms  .... 

building,  etc.,  of  tuberculosis  hospitals  in  . 

establishment  of  homesteads  for  workmen  in  the  suburbs  of 

maintenance  of  isolation  hospitals  by         ...         . 

to  provide  for  printing  a  certain  report  on  the  debts  of 
to  provide  for  an  investigation  of  the  indebtedness  of 

City  charters: 

Cambridge,  revised  ....... 

Chelsea,  revised      ........ 

Maiden,  amended  ........ 

Eawrence,  revised  ....... 

Lowell,  amended    ........ 

Pittsfield,  revised    ........ 

City  Trust  Company,  to  be  merged  with  certain  other  trust  companies 

Civil  causes,  relative  to  exceptions  in  ..... 

Civil  government,  list  of  persons  connected  with 

Civil  service,  removals,  suspensions,  etc.,  from     .... 

Civil  service  act,  to  extend  the  provisions  of,   to  chiefs  of  police  of  certain 
cities  and  towns        ...... 

Civil  service  commissioners,  appropriations  for    . 

relative  to  qualifications  for  examinations  by     . 

Civil  service  examinations,  to  provide  that  answers  to  certain  questions  in 
may  be  under  oath  ...... 

Claims,  arising  from  the  death  of  firemen,  appropriation  for  the  payment  of 
in  connection  with  the  abolition  of  grade  crossings,  relative  to 

Clams  and  quahaugs,  planting,  etc.,  of,  in  the  town  of  Barnstable 

Clark,  Walter  W.,  notary  public,  acts  confirmed 

Clerical  assistance,  to  the  treasurer  of  Hampden  County 

to  the  treasurers  of  the  counties  of  Essex  and  Middlesex 
to  the  clerk  of  the  East  Boston  district  court     . 
to  the  register  of  probate,  etc.,  county  of  Bristol 
to  the  clerk  of  the  house  of  representatives 

Clerks  of  courts,,  etc.,  readjustment  of  salaries  of 

Clinton,  Patience  Fidelia,  allowance  to        .  . 

Coast  artillery  corps,  of  the  militia,  to  increase  the  enlisted  strength  of 


484 
621 
628 
635 
1060 
1097 

522 

805 

11 

646 

747 

892 

99 

160 

1298 

688 

450 
23 
92 

49 
409 
475 
488 

1036 

94 

232 

438 

437 

1093 
258 

1079 
718 


1476 


Index. 


PAGE 

Cocaine,  law  relative  to  the  sale  of,  amended       .         .         .         .         .         .312 

Cochituate  lake,  investigation  of         .          ."         .          .          .          .          .          .  1074 

Coffin  School,  in  the  county  of  Nantucket,  relative  to           ....  175 

Cohasset,  town  of,  may  refund  certain  notes        ......  443 

Cold  storage,  to  provide  for  an  investigation  of  the  subject  of       .         .         .  1090 

Collection  of  fines,  by  unions,  etc.      ........  423 

College  : 

the  Massachusetts  Agricultural,  transfer  of  the  property  of,    to   the 

commonwealth          .........  266 

professors, 


398 
554 
613 
1086 
139 
287 

407 
106 
491 
375 

628 


1031,  1078 


may  lease  certain  parcels  of  land,  for  dwellings  for  the 

etc.,  of  the  college    . 
appropriations  for 
annual  payments  to     . 
improvements  at  .  .  . 

Wellesley,  may  hold  additional  estate 
Colrain,  town  of,  boundary  line  between  Leyden  and  . 
Columbia  road,  in  Boston,  to  abate  a  portion  of  the  betterment  assessments 

on  account  of  the  laying  out  of 
Columbus  Day,  to  be  included  in  the  list  of  legal  holidays 
Combination,  in  restraint  of  trade,  relative  to     . 
Commercial  fertilizers,  to  regulate  the  sale  of 
Commission,  the  Homestead,  established     . 

to  investigate  employment  agencies,  etc.,  extending  the  time  for  the 

filing  of  the  report  of 
to  investigate  the  inspection  of  factories,  etc.,  to  extend  the  time  for 

making  report  by     ........  .     1033 

to  consider  the  development  of  inland  waterways,  appointment  of         .     1040 
on  the  liability  of  employers  for  injuries,  to  extend  the  powers  of    1063,  1085 
to  investigate  the  wages  of  women  and  minors,  appointment  of  .  .     1065 

on  inferior  courts  of  the  county  of  Suffolk,  appointment  of  .  .     1071 

to  investigate  the  question  of  a  plan  for  the  government  of  the  metro- 
politan district  .........     1073 

to  investigate  the  subject  of  cold  storage,  appointment  of  .         .         .     1090 
metropolitan  parks  apportionment,  payment  of  expenses  of        .  1090 
to  determine  damages  by  reason  of  the  taking  of  Spot  pond,  appoint- 
ment of  . 1096 

to  investigate  the  engineering  expenses  of  the  commonwealth      .         .     1099 
on  the  question  of  the  increase  of  criminals,  etc.,  additional  copies  of 

report  of,  to  be  printed     ........     1101 

Commissioner  of  corporations,  appropriations  for  the  department  of       .  .       597 

Commissioner  on  the  Panama  exposition,  appointment  of     .  .  .  .       557 

Commissioners,  of  insolvent  estates  of  deceased  persons,  to  give  certain  notice 

to  creditors      ..........       132 

Commissions.     See  "Boards  and  Commissions." 

Commissions,  etc.,  penalties  for  making  false  reports  to         ...         .       137 

Commitment,  of  insane  persons,  relative  to  the  order  of        .  .  .  .       234 

upon  two  or  more  sentences,  to  regulate    ......       134 


Index. 


1477 


PAGE 

627 

1093 

417 

491 

93 

1089 
568 
634 
611 
25 
426 
445 
034 
560 
601 
314 


Commitment,  to  the  industrial  school  for  boys    ...... 

Committee,  to  investigate  the  suicide  of  John  Newman,  etc.,  compensation  for 
Committee  hearings,  publication  of  bulletin  of     .  .  . 

Commodities,  in  common  use,  to  regulate  the  manufacture,  sale,  etc.,  of 
Common  carriers,  of  passengers,  liability  for  the  safety  of     . 
Commutation  tickets,  issued  by  railroad  corporations,  to  provide  for  an  in- 
vestigation concerning 
Concealed  weapons,  relative  to  the  carrying  of     . 
Concentrated  milk,  etc.,  labeling  of    . 
Concerts,  band,  in  reservations,  appropriation  for 
Conciliation  and  arbitration,  board  of,  appropriations  for 
Concord,  town  of,  drawing  of  water  from  Sandy  pond  in 

additional  water  loan  for 
Condensed  milk,  etc.,  labeling  of         .  .  . 

Conductors,  railroad,  employment  of 

Confinement  of  persons  awaiting  trial,  to  authorize  compensation  to 
Congregational  Church  of  New  Marlborough,  conveyance  of  certain  property  to 
Congregational  Church  of  Topsfield,  may  hold  funds  now  held  by  the  Trustees 

of  the  Bixby  Donation  Farm      .  .  .  .  .  .  .123 

Congress,  members  of,  from  Massachusetts         ......     1324 

Conscious  suffering,  resulting  in  death,  recovery  of  damages  for    .  .  22,  727 

Conservators,  appointment  of,  for  insane  persons  .....       155 

Constitution,  proposed  amendment  to,  relative  to  the  use  of  voting  machines, 

submitted  to  the  people    ........     1067 

increasing  the  power  of  the  legislature  to  authorize  the  taking  of  land, 

submitted  to  the  people    ........     1076 

relative   to    disqualifying   from  voting   persons  convicted  of  certain 

offences  ..........     1105 

relative  to  the  taxation  of  wild  or  forest  lands    .  .  .  .  .1106 

Consumptives,  trustees  of  hospitals  for,  may  sell  and  convey  certain  land  in 

the  town  of  Westfield 389 

to  provide  for  printing  additional  copies  of  the  report  of      .  .  434 

appropriations  for  expenses  of  .......       600 

Contagious  diseases,  among  animals,  law  relative  to,  amended       ...  7 

Contract,  action  of,  procedure  in         .......  .       202 

Controller  of  county  accoimts,  appropriations  for  .....         19 

Conventions,  state,  holding  of    .      ■    .  .  .  .  .  .  .  .       570 

Co-respondents,  in  libels  for  divorce,  relative  to  naming        ....         93 

Cornish,  John  B.,  Junior,  justice  of  the  peace,  acts  confirmed        .  .  .     1037 

Corporal  punishment,  in  the  Lyman  school  for  boys,  to  restrict     .  .  .       479 

Corporations,  examination  of,  relative  to  financial  relations  with  insurance 

companies        ..........       289 

liability  of  stockholders  and  directors  of    .  .  .  .  .  .       477 

certain,  taking  of  deposits  by  .  .  .  .  .  .  .  .       324 

dissolution  of       .  .  .  .  .  .  .  .  .  .331 

returns  to  be  made  by,   to  the  tax  commissioner,   law  relative  to, 

amended  ..........       367 


1478 


Index. 


Corporations,  to  prohibit  the  making  or  publishing  of  false  or  exaggerated 
statements  concerning       ........ 

commissioner  of,  duties  of,  relative  to  the  listing  and  advertising  shares 
of  stock  and  mining  corporations        ...... 

foreign,  service  of  trustee  process  on  ...... 

relative  to  the  taxation  of     .......  . 

formed  for  the  care  of  the  insane,  not  to  be  exempt  from  taxation  ex- 
cept with  the  consent  of  the  city  or  town  in  which  they  are  located 

manufacturing,  payment  of  wages  by         .  .  . 

mining,  relative  to  listing  and  advertising  shares  of     . 

railroad,  relative  to  season  tickets  issued  by 
employment  of  locomotive  engineers  by 
Corporations  created  by  the  general  court  of  1911: 

Barnstable  Water  Company     ..... 

Board  of  Trade  of  the  City  of  Holyoke 

Boston  Industrial  Development  Company 

Business  Men's  Association  of  Charlestown 

Deerfield  Fire  District     ...... 

Dighton  Water  Supply  District         .... 

East  Boston  Marginal  Freight  Railroad  Company 

East  Foxborough  Water  Supply  District   . 

Heard  Fund  of  the  Ipswich  Public  Library,  Trustees  of 

Knights  of  Sherwood  Forest  of  Massachusetts    . 

New  England  Boy  Scouts,  Incorporated    . 

North  Hanover  Firemen's  Association 

Norton  Fire  District        ...... 

Russellville  Cemetery  Association     .... 

Tewksbury  Water  Company    ..... 

Treadwell  Fund  of  the  Ipswich  Public  Library,  Trustees  of 

Wadsworth  Cemetery  Association     .... 

West  Groton  Water  Supj)ly  District 

Worthington  Fire  District        ..... 
Corrupt  practices,  law  relative  to,  amended 
Cosgrove,  Harry  J.,  in  favor  of  ..... 

Costs,  in  certain  appc^aled  cases,  payment  of        .  .  . 

Cottage  Farm  bridge,  licensing  and  maintenance  of  floats,  etc.,  in  the  Charles 

river  basin  lying  easterly  of        ...  . 

Cotton  factories,  specifications  to  be  furnished  to  weavers  in 
Counsel,  for  defendants  in  capital  cases,  appointment  of 

legislative,  law  relative  to,  amended 
Counties: 

Barnstable,  tax  granted  for      ....         . 

Berkshire,  imiirovement  of  a  certain  highway  in 
tax  grantcnl  for    ....... 

Bristol,  to  provide  clerical  assistance  for  the  register  of  probate,  etc.,  of 
may  expend  certain  sums  for  the  law  library  at  Taunton 
tax  granted  for   . 


PAGE 

418 

480 

53 

1103 

388 
212 
480 
497 
560 

242 

881 

327 

390 

393 

176 

630 

202 

58 

34 

218 

32 

415 

236 

513 

59 

95 

734 

185 

803 

1079 

213 

411 
221 

423 

888 

1041 
871 

1042 
437 
559 

1043 


Index. 


1479 


Counties  —  continued. 

Dukes  County,  tax  granted  for         ....... 

Essex,  expense  of  maintaining,  etc.,  the  bridge  over  Powow  river,  to  be 
paid  by,  in  the  first  instance      ....... 

may  pay  a  sum  of  money  to  George  G.  Adams        .         .         .         . 

clerical  assistance  to  the  treasurer  of      .....  . 

sittings  of  the  superior  court  in,  for  criminal  business 

to  repay  a  certain  sum  to  the  town  of  Amesbury     .... 

to  pay  part  of  cost  of  reconstructing  Fox  Hill  bridge  over  the  Saugus 
river        ........... 

commissioners  of,  to  construct  a  new  bridge  over  the  Merrimac  river, 
in  the  city  of  Lawrence     ........ 

to  pay  part  of  cost  of  constructing  a  certain  highway  in  the  town  of 
Salisbury  .......... 

tax  granted  for   .......... 

Franklin,  may  pay  an  annuity  to  the  widow  of  Emmett  F.  Haskins     . 
tax  granted  for    .......... 

Hampden,  to  establish  the  salary  of  the  assistant  clerk  of  the  courts  of 

the  city  of  Chicopee  and  the  town  of    Ludlow  in,  to  be  made  a 

medical  examiner  district  .... 

tax  granted  for    ....... 

Hampshire,  clerical  assistance  for  the  treasurer  of 
sittings  of  the  superior  court  in,  established    . 
improvement  of  a  certain  highway  in     . 
tax  granted  for    . 
Middlesex,  clerical  assistance  to  the  treasurer  of 
additional  officer  for  the  probate  court  of 
to  establish  the  salary  of  Ralph  N.  Smith,  an  assistant  clerk  of  the 
courts  of  ....... 

tax  granted  for    ....... 

Nantucket,  relative  to  the  Coffin  School  in 

relative  to  the  use  of  live  decoys  in         .  .  . 

Norfolk,  to  establish  the  salary  of  the  assistant  register  of  probate  of 

county  commissioners  of,  to  make  repairs,  etc.,  in  a  certain  bridge 

over  Weymouth  Fore  river         ....... 

to  pay  part  of  expense  of  constructing  a  bridge  over  Weymouth 
Back  river        ....... 

tax  granted  for    ....... 

Plymouth,  completion  and  furnishing  of  certain  buildings  by,  in  the 
town  of  Plymouth    ........ 

to  pay  part  of  expense  of  constructing  a  bridge  over  Weymouth  Bad 
river        .......... 

tax  granted  for   ......... 

Suffolk,  relative  to  mortuaries  in       .....  . 

medical  examiner  of,  to  make  a  post  mortem  examination  of  the 
bodies  of  persons  electrocuted    ....... 

to  establish  the  salaries  of  the  assistant  registers  of  probate,  etc.,  of 


PAGE 

1044 

153 
175 
232 
422 

5U4 

714 
935 

982 
1045 

219 
1046 

130 

353 

1047 

94 

216 

871 

1052 

232 

259 

371 

1037 
175 
191 

870 

183 

941 
1049 

790 

941 

1038 

215 

234 
433 


1480 


Index. 


Counties  —  concluded.  page 

Suffolk,  apportionment  of  finances  and  expenses  of     .         .         ,         .  472 
to  provide  for  the  appointment  of  a  commission  on  the  inferior  courts 

of 1071 

Worcester,  to  establish  the  salary  of  the  assistant  register  of  probate, 

etc.,  of    ...........  55 

appointment  of  an  officer  for  the  superior  court  of            ...  275 

tax  granted  for    ..........  10r)0 

Counties,  to  establish  a  retirement  system  for  the  employees  in     .         .         .  718 

County  commissioners,  readjustment  of  salaries  of        ....          .  258 

payment  of  transportation  and  other  expenses  of         ...          .  125 

County  receipts  and  expenditures,  relative  to  estimates  of    .          .         .         .  434 

County  treasurers,  readjustment  of  salaries  of     .....          .  258 

Court,  district,  the  East  Boston,  to  provide  clerical  assistance  for  clerk  of       .  438 

of  East  Norfolk,  completing  and  furnishing  a  building  for         .          .  164 

taking  of  land  for  a  building  for,  in  the  city  of  Quincy          .         .  556 

of  southern  Essex,  established        .......  406 

to  provide  for  a  third  special  justice  for       .....  463 

land,  transfer  of  suits  from,  to  the  superior  court        ....  423 

appropriations  for         .          .          .          .          .          .          .          .          .  789 

municipal,  of  Boston,  to  provide  for  the  retirement  of  the  justices  of  .  184 
of   the   Roxbury   district,    appointment   of   an   assistant   probation 

officer  for          ..........  89 

West  Roxbury  district,  salary  of  court  officer  in,  established     .         .  219 

police,  of  Lynn,  relative  to       .......          .  406 

of  Springfield,  appointment  of  a  female  assistant  probation  officer  of  457 

probate,  county  of  Middlesex,  additional  court  officer  for    .          .          .  259 

superior,  transfer  of  suits  from,  to  the  land  court        ....  423 

retirement  of  justices  of        .......          .  520 

to  increase  the  number  of  associate  justices  of          ...          .  596 

county  of  Essex,  sittings  of  .          .          .          .          .          .          .          .  422 

county  of  Hampshire,  sittings  of    ......          .  216 

sitting  of,  at  Ware,  for  naturalization     .....  52,  473 

Worcester  county,  appointment  of  an  officer  for      ....  275 

supreme  judicial,  appeals  and  removals  to          .....  240 

Courts,  travelling  expenses  of  auditors  appointed  by    .         .         .          .         .  194 

actions  at  law  in,  may  be  changed  to  suits  in  equity  ....  234 

Courts,  supreme  judicial  and  superior,  to  increase  the  salaries  of  the  justices  of  975 

executions  on  final  decrees  of         ......          .  240 

police,  district  and  municipal,  to  extend  the  jurisdiction  of,  in  criminal 

cases       ...........  131 

retirement  of  justices  of         .          .......  856 

infiuior,  of  the  county  of  Suffolk,  to  provide  for  an  investigation  of      .  1071 
Coyne,  Michael  J.,  the  city  of  Boston  may  pay  an  annuity  to  the  widow  and 

children  of 466 

Cranb(>rry  barnl-^,  etc.,  law  relative  to,  amended           .....  368 

Creditors,  of  insolvent  estates,  certain  notice  to  be  given  to            ...  132 


Index.  1481 

PAGE 

Crimes,  punishment  of  persons  who  attempt  to  commit,  law  relative  to,  re- 
pealed       100 

Criminal  business,  sittings  of  the  superior  court  for,  in  Essex  county     .          .  422 

Criminal  cases,  to  extend  the  jurisdiction  of  certain  courts  in         .          .          .  131 

Criminal  offences,  in  divorce  cases,  to  be  reported  to  the  district  attorney       .  98 

Criminal  procedure,  certain  insurance  companies  may  act  as  sureties  in          .  313 
Criminals,  mental  defectives,  etc.,  to  provide  for  printing  additional  copies 

of  a  report  on           .........  1101 

Cronin,  Daniel,  re-solution  of  sympathy  with        .          .          .          .          .          .  1 112 

Crude  petroleum,  etc.,  inspectors  of    .          .          ,          .          .          .          .          .  153 

D. 

Dalton,  town  of,  the  fire  district  in,  may  take  water  from  a  certain  brook,  etc., 

in  the  town  of  Peru  .  .  .  .  .  .  .  .117 

improvement  of  a  certain  highway  in         .  .  .  .  .  .871 

Damages,  recovery  of,  in  certain  cases  of  injury  resulting  in  death  .  22,  727 

for  injuries,  etc.,  relative  to,  commencing  actions  for  recovery  of           .  133 
caused  by  the  killing,  etc.,  of  domestic  animals,  etc.,  by  dogs,  paj^- 

ment  of 382 

for  the  taking  of  land  for  the  Boston  state  hospital,  to  provide  for  the 

payment  of      .          .          .          .          .          .          .          .          .          .  1063 

Dana,  town  of,  boundary  line  between  Greenwich  and           ....  388 

Danvers,  town  of,  may  issue  notes  or  bonds  to  pay  certain  liabilities      .          .  41 

may  distribute  electricity  in  certain  other  towns         ....  82 

taking  of  land  by,  for  its  electric  light  plant       .....  95 

the  Wadsworth  Cemetery  Association  incorporated  in          ...  96 

Danvers  state  hospital,  appropriations  for  .......  862 

Dartmouth,  town  of,  boundary  line  between  the  city  of  New  Bedford  and     .  217 

Davis,  Belle  C,  in  favor  of         .          .          .          ...          .          .          .          .  1057 

Day's  work,  to  constitute  eight  hours  as,  for  public  employees       .          .          .  482 

Deaf  Mutes,  the  New  England  Industrial  School  for,  in  favor  of  .          .          .  1035 
Death,  from  injury,  recovery  of  damage  for  conscious  suffering  in  certain  cases 

of 22,  727 

time  of  commencing  actions  for  recovery  of  damages  for  .          .          .  133 

Debt,  of  the  commonwealth,  appropriation  for  the  payment  of      .          .          .  272 

Debtors,  female  judgment,  recognizances  to         .....          .  142 

Deceased  persons,  estates  of,  notice  to  be  given  to  creditors  of  the  filing  of 

returns    ...........  132 

appointment  of  administrators  of  the  estates  of  ...        576,  608 

Decrees,  final,  of  the  supreme  judicial  and  superior  courts,  relative  to  execution 

on 240 

Deeds,  registers  of,  law  relative  to,  amended        ......  26 

given  by  tax  collectors,  law  relative  to,  amended        ....  358 

Deerfield,  town  of,  water  supply  for  a  part  of       .....          .  393 

the  Trustees  of  the  First  Congregational  Church  in,  may  sell  a  certain 

lot  of  land 777 


1482 


Index. 


Deerfield  Fire  District,  established     ....... 

Deerfield  valley,  and  the  Hoosac,  improvement  of  highways  connecting 
Defective  delinquents,  maintenance  of  departments  for,  at  various  institutions 
Defendants,  in  capital  cases,  appointment  of  counsel  for       . 
Dentistry,  board  of  registration  in,  appropriations  for  ... 

employment  of  assistants  in  the  practice  of        ...  . 

Deposits,  in  lieu  of  sureties,  relative  to        .....  . 

in  savings  bank,  etc.,  in  the  names  of  two  persons,  payment  of    . 

in  savings  banks,  may  be  received  from  school  children 

in  saving  departments  of  trust  companies,  taxation  of 

taking  of,  by  certain  persons,  partnerships,  etc.  ... 

Deputy  election  officers,  appointment  of      .....  . 

Deputy  warden,  of  the  state  prison,  salary  established 

Desertion,  of  wife  by  husband,  etc.,  to  make  uniform  the  law  relating  to 

Development  Company,  the  Boston  Industrial,  incorporated 

Dighton,  town  of,  water  supply  for  a  part  of        ....  . 

Dighton  Water  Supply  District,  established         ..... 

Dipsomaniacs,  appropriation  for  the  maintenance  of  the  new  hospital  for 
Direct  nomination,  of  candidates  for  state  offices,  to  provide  for    . 
Director,  of  the  bureau  of  statistics,  relative  to  the  report  of,  on  financial  sta 
tistics      .......... 

to  provide  for  printing  the  report  of,  on  the  debts  of  cities  and  towns 

relative  to  certain  duties  of        ......  . 

Directors,  of  the  port  of  Boston,  appointment  of  .... 

Directors,  of  corporations,  liability  of  ...... 

Diseases,  among  cattle,  etc.,  appropriations  for  exterminating 
Disqualification  from  voting,  of  persons  convict(;d  of  certain  offences,  ])ro 

posed  amendment  to  the  constitution  relative  to 
Dissolution  of  certain  corporations     ....... 

District  attorneys,  appropriations  for  ...... 

criminal  offences  in  divorce  cases  to  be  reported  to     . 

relative  to  the  salaries  of  ....... 

District  court,  the  East  Boston,  to  provide  clerical  assistance  for  the  clerk  of 

East  Norfolk,  taking  of  land  for  a  building  for,  in  the  city  of  Quincj^ 
completing  and  furnishing  a  building  for 

of  southern  Essex,  established  ...... 

to  provide  for  a  third  special  justice  for  .... 

District  courts,  to  extend  the  jurisdiction  of,  in  criminal  cases 

to  jirovide  for  the  retirement  of  justices  of  ...  . 

District  police,  appropriations  for       ......  . 

may  grant  permission  for  holding  exhibitions  in  churches,  halls,  etc. 

to  establish  the  salaries  of  the  female  members  of        . 

to  establish  the  salaries  of  certain  stenographers  and  clerks  in  the  de- 
partment of     .........  ■ 

appointment  of  additional  members  of  the  inspection  department  of 

to  establish  (he  salary  of  the  chief  inspector  of  the  boiler  inspection 
department  of  ......... 


PAGE 

393 
801 
617 
423 
51 
365 
122 
182 
158 
299 
324 
425 
450 
439 
327 
176 
176 
1022 
570 

55 

1060 

1097 

985 

477 
874 

1105 
331 

48 
98 
474 
438 
556 
164 
406 
463 
131 
856 
86 
431 
^69 

584 
640 

615 


Index. 


1483 


District  police,  to  provide  for  additional  members   of  the  boiler  inspection 
department  of  ......... 

to  enforce  the  provisions  of  the  law  relative  to  employment  in  the 
night  messenger  service    ........ 

duties  of  the  boiler  inspection  department  of,  relative  to  licensing 
operators  of  hoisting  machinery  ..... 

to  provide  pensions  for    ........ 

duties  of,  relative  to  supervising  the  business  of  making  small  loans 
Divorce,  for  adultery,  naming  of  co-respondents  in  libels  for 
Divorce  business,  relative  to  advertising  for         ..... 
Divorce  cases,  criminal  cases  in,  to  be  reported  to  the  district  attorney 
Documents,  public: 

report  of  the  insurance  commissioner,  relative  to         .  .  . 

report  of  the  gas  and  electric  light  commissioners,  relative  to 

report  of  the  hospitals  for  consumptives,  additional  copies  to  be  printed 

to  increase  the  edition  of  the  rejjort  of  the  commissioner  of  public 
records    .......... 

certain  statements  to  be  published  in  the  .... 

Dog  officers,  compensation  of     .......  . 

Dogs,  payment  of  damages  caused  for  the  killing,  etc.,  of  domestic  animals  by 
Domestic  animals,  maiming  or  killing  of,  by  dogs,  payment  of  damages 
Donaghue,  George  A.,  the  city  of  Boston  may  pay  a  sum  of  money  to  the 
widow  of  ......... 

Donovan,  Cornelius  J.,  relative  to  the  claim  of,  for  injuries  . 

Doorkeepers,  messengers,  etc.,  relative  to  the  salaries  of        .         .         . 

Drill,  etc.,  of  the  militia,  relative  to    . 

Drinking  water,  on  passenger  trains,  relative  to  furnishing    . 

Drugs,  narcotic,  to  prohibit  the  sale,  etc.,  of,  to  hospital  patients 

food  or,  adulterated,  prosecutions  for  selling       .... 

hypnotic,  issuance  of  search  warrants  for  ..... 

law  relative  to  the  sale  of  cocaine,  amended       .... 

Duck,  wood  or  summer,  protection  of  .....  . 

Duffy,  Charles,  the  city  of  Boston  may  pay  a  sum  of  money  to  the  widow  of 
Dukes  County,  tax  granted  for  ....... 

Dunstable,  town  of,  to  confirm  the  election  of  town  officers  in 


PAGE 

645 

713 

783 

800 

882 

93 

C2 

98 

37 
253 
434 

1032 

520 
381 

382 

382 

129 
1087 

88 
614 
480 

22 
250 
359 
312 

28 

72 

1044 

235 


E. 

East  Boston,  taking  of  certain  land  in,  for  a  court  house,  etc. 

relative  to  the  construction  of  a  teaming  tunnel  to,  under  Boston  harbor 
East  Boston  district  court,  to  provide  clerical  assistance  for  the  clerk  of 
East  Boston  Marginal  Freight  Railroad  Company,  incorporated    . 
East  Foxborough,  water  supply  for     ......  . 

East  Foxborough  Water  Supply  District,  established    .... 

East  Norfolk,  district  court  of,  completing  and  furnishing  a  building  for 

taking  of  land  for  a  building  for        ...... 

East  Templeton  Village  Improvement  Society,  may  maintain  a  memorial  hall 


128 
1051 
438 
630 
940 
202 
164 
556 
195 


US4. 


Index. 


PAGE 

East  and  west  tunnel,  etc.,  in  Boston,  investigation  on  the  subject  of     .         .  1054 

Eastern  Hotel  Company,  charter  revived    .......  935 

Easthampton,  town  of,  may  establish  a  board  of  public  works       ...  15 

Education,  board  of,  certification  of  high  school  teachers  by,  in  certain  schools  364 

law  relative  to  appointees  of,  amended      ......  449 

duties  of,  relative  to  state-aided  vocational  education          .          .         ,  458 

appropriations  for  .........          .  865 

duties  of,  relative  to  the  obtaining  of  positions  by  school  teachers         .  891 

to  investigate  the  subject  of  the  maintenance  of  textile  schools    .          .  1062 

to  report  a  plan  for  the  supervision  of  certain  educational  institutions  1062 

to  investigate  the  subject  of  a  retirement  allowance  for  certain  teachers  1055 

to  investigate  the  subject  of  improving  high  school  education,  etc.        .  1061 

to  investigate  the  matter  of  part-time  schooling  for  working  cliildren    .  1062 

to  investigate  the  methods  of  supporting  public  schools       .          .  1065 
to  investigate  the  question  of  authorizing  the  Lowell  textile  school  to 

grant  degrees  ..........  1074 

to  consider  the  expediency  of  establishing  a  normal  school  in  the  city 

of  Boston 1079 

to  investigate  the  question  of  establishing  an  agricultural  school  in  or 

near  the  city  of  Boston      ........  1085 

Education,  state-aided,  codification  of  the  laws  relating  to    .          .          .          .  458 

Educational  expenses,  appropriations  for     .......  865 

Educational  institutions,  certain,  relative  to  a  more  definite  supervision  of      .  1062 

Eight  hour  law,  so-called  ..........  482 

Election  law,  amendments  to 

173,  199,  261,  318,  319,  320,  367,  425,  510,  570,  803,  937,  981 


Election  officers,  relative  to  the  duties  of     . 
deputy,  appointment  of  . 

Elections,  primaries  and,  law  relative  to,  amended        .... 

use  of  voting  machines  at,  proposed  amendment  to  the  constitution 
relative  to,  submitted  to  the  people    ..... 

Electric  light,  heat  and  power  companies,  prohibited  from  transferring  fran- 
chise, etc.         ......... 

Electric  lighting    meters,  cash-recording,  responsibility  for    loss    by  fire   of 
money  deposited  in  . 

Electric  lines,  relative  to  locations  of  ...... 

Electric  meters,  relative  to  the  inspection  of         ....  . 

Electric  Railroad  Company,  the  Boston  and  Eastern,  relative  to   . 

Electric  railway  transportation  facilities  in  the  city  of  Boston  and  vicinity 
relative  to        .  .  .  .  . 

Electricity,  transmission  of         .......  . 

Electrocution,  to  provide  for  post  mortem  examination  of  bodies  of  persons 
subjected  to     ........  . 

Elevators,  inspection  of,  law  relative  to,  amended         .... 

Elliott,  Charles  J.,  justice  of  the  peace,  acts  confirmed 

Embezzlement,  relative  to  pimishment  for  ..... 

Employees,  relative  to  i)ayments  to,  for  jiorsonal  injuries 


261 

425 
803 

1067 

316 

424 
471 
316 
593 

955 
498 

234 
439 

1072 
162 
998 


Index.  1485 

PAGE 

Employees,  liability  of  employers  for  injuries  to,  to  extend  the  powers  of  the 

commission  on  .......  .     1063,  1085 

of  cities  and  towns,  law  relative  to  a  retirement  system  for  the  payment 

of  annuities  and  pensions  to,  amended         .....       299 

of  the  commonwealth,  publication  of  lists  of,  law  relative  to,  amended  .        31 
to  establish  a  retirement  system  for        ......       546 

of  counties,  to  establish  a  retirement  system  for  .  .  .  .718 

of  the  metropolitan  park  commission  and  the  metropolitan  water  and 

sewerage  board,  wages  of  .  .  .  .  .  .  .561 

public,  to  constitute  eight  hours  a  day's  work  for        ....       482 

retirement  systems  for,  publication  of  a  report  on   .  .  .  .     1034 

Employees  Insurance  Association,  the  Massachusetts,  incorporated         .  .     1007 

Employers,  not  to  impose  a  fine  for  imperfections  in  weaving         .  .  .       607 

Employment,  of  women  and  minors,  relative  to  the  hours  of  .  .  .       473 

of  women  in  mercantile,  etc.,  estabHshments,  relative  to      .  .  .       183 

of  minors,  in  factories,  etc.        ........       265 

of  women  and  children,  etc.      .  .  .  .  .  .  .  .       267 

in  the  night  messenger  service,  relative  to  .  .  .  .  .713 

of  locomotive  engineers,  etc.     ........       560 

Employment  agencies,  to  extend  the  time  for  making  report  on     .  .     1031,  1078 

Employment  offices,  free,  extension  of  the  service  of     .  .  .  .  .121 

Engineering  expenses,  of  the  commonwealth,  to  provide  for  an  investigation 

of 1099 

Engineers,  locomotive,  etc.,  employment  of  .....  .       560 

Engineers  and  firemen,  relative  to  the  licensing  of         ....  .       586 

Epilepsy,  etc.,  treatment,  etc.,  of  prisoners  afflicted  with       ....     1038 

Epileptics,  etc.,  to  provide  for  printing  additional  copies  of  the  report  of  the 

commission  on  .........     1101 

Essex,  town  of,  may  purchase  a  release  of  certain  land  in  the  town  of  Ipswich  .       507 
Essex  bridge,  between  Beverly  and  Salem,  to  provide  for  an  investigation 

of 1080 

Essex  county,  expense  of  maintaining  the  bridge  over  the  Powow  river  to  be 

paid  by,  in  the  first  instance      .  .  .  .  .  .  .153 

may  pay  a  sum  of  money  to  George  G.  Adams  .  .  .  .175 

clerical  assistance  to  the  treasurer  of  .....  .       232 

sittings  of  the  superior  court  in,  for  criminal  business  .  .  .       422 

to  repay  a  certain  sum  expended  by  the  town  of  Amesbury  .  .       504 

to  pay  part  of  cost  of  reconstructing  Fox  Hill  bridge  over  the  Saugus 

river        .  .  .  .  .  .  .  .  .       714 

commissioners  of,  to  construct  a  new  bridge  over  the  Merrimac  river  in 

the  city  of  Lawrence  ........       935 

to  pay  part  of  cost  of  constructing  a  certain  highway  in  the  town  of 

Salisbury 982 

tax  granted  for       .........  .     1045 

Essex  Merrimac  bridge,  rebuilding  the  fender  pier  of    .  .  .  .  .       504 

Estates,  of  deceased  persons,  appointment  of  administrators  of         .  .        576,  608 

Estimates,  of  county  receipts  and  expenditures,  relative  to    .  .  ,  .       434 


1486 


Index. 


European  partridge,  protection  of       ......  . 

Evaporated  milk,  labeling  of      .......  . 

Evening  sohools,  relative  to  the  attendance  of  minors  at        .  .  . 

payment  .of  fee  for  instruction  in       .....  , 

Everett,  city  of,  to  provide  an  outlet  for  the  sewage  of  .         .         . 

provision  affecting  ........ 

Examination,  of  corporations,  relative  to  financial  relations  with  insurance 
companies        ......... 

by  the  civil  service  commission,  qualifications  for 
Exceptions,  in  civil  causes,  relative  to  .....  . 

proceedings  in  trials  after  the  allowance  of  ...  . 

Executive  department,  appropriations  for  salaries  and  expenses  of 

list  of  persons  comprising  the,  for  1911     . 
Executors,  etc.,  relative  to  suits  against      ...... 

accounts  of    .........         . 

Expenditures,  by  heads  of  departments,  relative  to       ...  . 

Exposition,  the  American  Land  and  Irrigation,  representation  of  the  common 
wealth  at         ........         . 

the  Panama,  appointment  of  a  commissioner  on  .  .  . 

Express  companies,  weekly  payment  of  wages  by  ...  . 

Express  offices,  at  the  union  railroad  stations  in  Boston,  relative  to 
Eye  and  Ear  Infirmary,  the  Massachusetts  Charitable,  in  favor  of 
Eye  injuries,  in  factories  and  workshops,  investigation  of  the  subject  of 


PAGE 
14 

634 
198 
265 
505 
604 

289 

92 

160 

487 

4 

1301 

114 

141 

1031 

1098 

557 

156 

1073 

1052 

626 


F. 

Factories,  etc.,  relative  to  work  in,  on  holidays    ......       116 

to  prohibit  the  use  of  suction  shuttles  in  .  .  .  .  .  .       238 

employment  of  certain  minors  in       ......  .       265 

to  extend  the  time  for  making  report  on  investigation  of  the  inspection 

of 1033 

appointment  of  additional  inspectors  of     .  .  .  .  .  .       640 

concerning  the  lighting  of         .......  .       626 

Fairhaven,  town  of,  board  of  shellfish  commissioners  for        .  .  .  .       401 

Fall  Brook  Village,  in  Middleborough,  water  supply  for         ...  .       786 

Fall  River,  city  of,  to  establish  the  salary  of  the  clerk  of  the  board  of  police  for       137 
relative  to  call  men  in  the  fire  department  of     .  .  .  .  .219 

retirement  of  members  of  the  fire  department  of         ...  .       235 

construction  of  a  bridge   over  Tijiunton  Great  river,  between  Somer- 
set and 570,  603 

may  raise  a  certain  sum  of  money  by  ta.xation,  for  the  use  of  The  Brad- 

1091 
115 
418 
137 
125 
625 


ford  Durfee  Textile  School         ...... 

Falmouth,  town  of,  may  appropriate  money  for  advertising  the  town     . 
False  or  exaggerated  statements,  to  prohibit  the  making  or  i)ublisliing  of 
False  report.s,  to  commissions,  etc.,  penalties  for  .... 

False  weight  and  measure,  penalty  for  giving       ..... 

Federated  Boys'  Clubs,  holding  of  meetings  of 


Index. 


1487 


Feeble-Minded,  Massachusetts  School  for^  appropriation  for 

improvements  at     .  .  .  .  .  .  .  . 

Fee,  for  instruction  in  evening  schools,  payment  of       . 
Fees,  for  the  taking  of  sureties,  etc.,  relative  to    . 

disposition  of,  in  certain  appealed  cases     ..... 

license,  for  the  registration  of  hunters,  law  relative  to,  amended  . 
Female  assistant  probation  officer,  for  the  police  couit  of  Springfield,  to  pro 
vide  for  .......... 

Female  assistant  probation  officers,  relative  to     . 

Female  judgment  debtors,  law  relative  to  recognizances  of,  amended 

Fenders  and  wheel  guards,  equipment  of  street  railway  cars  with    . 

Fertilizers,  commercial,  to  regulate  the  sale  of      . 

Fifty-four  hour  law,  so-called     ........ 

Financial  statistics  of  cities  and  towns,  relative  to  the  annual  report  on  . 
Fines,  imposition  and  collection  of,  by  unions,  etc.        .... 

for  imperfections  in  weaving,  to  prohibit  the  imposition  of. 
Fire  alarm  service,  etc.,  in  the  state  house,  to  provide  for     . 
Fire  departments,  regulations  concerning  the  height  and  weight  of  members  of 
Fire  District,  in  the  Town  of  Dalton,  may  take  water  from  a  certain  brook, 
etc.,  in  the  town  of  Peru  ....... 

the  Deerfield,  established  ....... 

the  Great  Harrington,  may  make  an  additional  water  loan 

of  the  Town  of  Huntington,  relative  to      .  .  . 

in  the  town  of  Lee,  may  borrow  money  to  build  a  fire  engine  house 

the  Middleborough,  may  supply  water  to  Fall  Brook  Village 
may  supply  water  to  Warrentown  Village       .... 

the  Norton,  established  ........ 

the  Shelburne  Falls,  to  provide  a  water  supply  for 

Number  One  of  the  Town  of  South  Hadley,  certain  acts  confirmed 

the  Worthington,  established   ....... 

Fire  insurance,  appointment  of  referees  for  adjusting  losses  under  policies  of 
Fire  insurance  rates,  to  establish  a  board  of  appeal  for  ... 

Fire  warden,  state,  appointment  of    . 
Firearms,  law  relative  to,  amended     ....... 

Firemen,  appropriation  for  payment  of  claims  arising  from  the  death  of 

engineers  and.  relative  to  the  licensing  of  .... 

Firemen's  Association,  the  Massachusetts  State,  appropriation  for 

the  North  Hanover,  incorporated      ...... 

Firemen's  Relief  Fund,  Boston,  distribution  of     . 

law  relative  to,  amended  ....... 

Fires,  losses  by,  of  mofiey  deposited  in  certain  machines,  responsibility  for 

in  the  open  air,  relative  to        ......  . 

forest,  to  provide  for  the  better  prevention  of    . 
First  Baptist  Society  in  Chelsea,  disposition  of  the  real  estate  of   . 
First  Congregational  Church  in  Deerfield,  Trustees  of,  may  sell  a  certain  lot 
of  land    .......... 

Fish  hatchery,  to  provide  for  the  establishment  of        . 


l-i88 


Index. 


Fisheries:  page 

to  prohibit  taking  of  flounders,  etc.,  in  certain  waters          ...  53 

to  prohibit  beam  trawhng  in  Boston  harbor        .....  81 

to  prohibit  the  taking  of  fish  by  means  of  torches,  etc.,  in  the  waters  of 

the  town  of  Kingston         ........  80 

to  regulate  the  taking  of  fish  by  means  of  artificial  light  in  the  waters 

of  Winthrop     .          .          .          .          .          .          ...          .          .  126 

introduction  of  fish  into  state  waters          ......  138 

stocking  of  great  ponds  with  food  fish        .          .          .  •        .          .          .  241 
taking  of  smelts  in  Weymouth  Fore  river  and  Weymouth  Back  river 

regulated          .          .          .  •       .         .          .          .          .         .          .  263 

in  Lynn  harbor,  relative  to       .......          .  364 

planting  and  cultivating  clams  and  quahaugs  in  the  town  of  Barnstable  488 
Fisheries  and  game,  commissioners  on,  may  arrest  persons  caught  in  pulhng 

down  stone  walls,  etc.        ........  130 

to  approve  the  introduction  of  fish  into  state  waters  .  .  .  .138 

to  investigate  the  question  of  the  introduction  of  insect  destroying 

birds 163 

may  establish  a  station  for  the  propagation  of  game  birds,  etc.    .          .  233 

may  stock  great  ponds  with  food  fish         ......  241 

duties  of,  relative  to  the  protection  and  importation  of  wild  turkej'S       .  313 

relative  to  the  hunting,  etc.,  of  quail      ......  320 

relative  to  establishing  game  preserves  ......  399 

appropriations  for  .........          .  889 

to  expend  a  certain  sum  for  establishing  a  fish  hatchery       .          .          .  1064 

Fitchburg  normal  school,  fire  protection  at           ......  1034 

purchase  of  land  for         .........  1092 

Flag,  the  United  States,  display  of,  on  schoolhouses      .  .  .  .  .185 

Flag  Day,  observance  of   .........          .  1032 

Flounders,  etc.,  taking  of,  in  certain  waters          ......  53 

Food  fish,  stocking  of  great  ponds  with        .......  241 

Food  and  drug  department  of  the  board  of  health,  appropriation  for      .          .  254 
Food  and  food  products,  to  provide  for  an  investigation  of  the  subject  of  cold 

storage  of         .........          .  1090 

Food  or  drugs,  adulterated,  prosecutions  for  selling       .....  250 

Foreign  corporations,  service  of  trustee  process  on        .....  53 

relative  to  the  taxation  of         .  .  .  .  .  .  .  .1103 

Forest  fires,  to  provide  for  the  better  prevention  of       ....          .  879 

Forester,  state,  appropriations  for       ........  798 

Fox  Hill  bridge,  over  Baugus  river,  to  provide  for  the  reconstruction  of            .  714 

Foxborough,  town  of,  water  supply  for        ......          .  202 

Foxborough  state  hospital,  appropriation  for        ......  867 

Foxborough  Water  Sup[)ly  District,  may  make  an  additional  water  loan,  etc.  940 

Framingham,  town  of,  may  borrow  money  for  constructing  a  school  building  44 

Franklin,  town  of,  additional  water  loan  for         ......  405 

Franklin  county,  may  pay  an  annuity  to  Matilda  C.  Haskins         .          .          .  219 

tax  granted  for       .........         .  1046 


Index. 


1489 


Fraternal  benefit  societies,  control  and  regulation  of     . 

Free  employment  offices,  extension  of  the  service  of      . 

Free  public  library  commissioners,  appropriations  for  . 

Free  public  library  system,  to  enlarge  the  usefulness  of 

Freight  Railroad  Company,  the  East  Boston  Marginal,  incorporated 

Fremont  street,  in  Worcester,  building  of  a  structure  over     . 

Funds  or  assets,  of  trust  companies,  investment  of        .  .  . 


G. 


Game: 


to  prevent  the  extermination  of  the  heath  hen,  so-called 

protection  of  Gray,  European  or  Hungarian  partridge 

protection  of  wood  or  summer  duck 

protection  of  game  birds  and  water  fowl 

protection  and  sale  of  hares  and  rabbits 

protection  of  gray  squirrels 

relative  to  the  shooting  of  wild  fowl 

Umiting  the  number  of  black  ducks  to  be  taken  in  one  day 

to  prohibit  trapping  with  scented  bait        .... 

relative  to  the  use  of  live  decoys  in  the  county  of  Nantucket 

hunters'  certificates  of  registration,  law  relative  to,  amended 

relative  to  ruffed  grouse  and  woodcock      .... 

propagation  of  game  birds  and  animals      .... 

protection,  etc.,  of  wild  turkeys         ..... 

relative  to  the  hunting  and  possession  of  quail  . 

establishment  of  preserves  for  the  protection  of  wild  birds  and  quad- 
rupeds    ........ 

Game  birds,  etc.,  protection  of  .         .         .         . 

propagation  of         ......  . 

Game  preserves,  establishment  of       ....  . 

Gardner,  town  of,  may  borrow  money  for  sewerage  purposes 
Gardner  state  colony,  appropriations  for     .... 

improvements  at     . 
Gas  companies,  relative  to  meters  used  by  ... 

Gas  meters,  cash-recording,  responsibility  for  loss  by  fire  of  money  deposited 
in  ..........         . 

Gas  and  electric  light  commissioners,  relative  to  the  annual  report  of 

appropriations  for  ......... 

Gasoline,  etc.,  relative  to  the  use  of,  in  motor  vehicles 
Gates,  L.  F.,  lieutenant  in  the  naval  brigade  of  the  militia,  payment  of  certain 
bills  incurred  by       .....  . 

Gay,  E.  Bradford,  the  city  of  Boston  may  pay  a  pension  to 
General  court,  appropriations  for  compensation  of  members  of 

committee  hearings  before,  pubUcation  of  a  bulletin  of 

compensation  of  members  of    . 

additional  compensation  for  the  pages  of  . 


1490 


Index. 


General  court,  relative  to  mileage  to  be  paid  to  members  of 
list  of  members  of,  for  1911     .  .  .  . 

General  laws,  changes  in  . 

George,  Cyrus  A.,  the  city  of  Boston  may  grant  a  pension  to 

Girls,  industrial  school  for,  appropriation  for 

Goshen,  town  of,  improvement  of  a  certain  highway  in 

Governor,  authorized  to  obtain  certain  information 

Grade  crossings,  engineer  of,  may  be  employed  by  the  railroad  commissioners 
relative  to  certain  claims  in  connection  with  the  abolition  of 
in  the  town  of  Leominster,  taking  of  certain  lands  in,  for  altering 
in  the  town  of  Winchester,  relative  to        ....  . 

Graves,  Hannah,  the  town  of  Marblehead  may  convey  certain  property  to 

Gray  partridge,  protection  of     ......         . 

Gray  squirrels,  protection  of      ......  . 

Great  Harrington  Fire  District,  may  make  an  additional  water  loan 

Great  ponds,  stocking  of,  with  food  fish      ..... 

Greenfield,  town  of,  improvement  of  a  highway  between  the  town  of  Shelburne 
and         ........ 

Greenwich,  town  of,  boundary  line  between  Dana  and 

Groton,  town  of,  to  provide  a  water  supply  for  a  part  of 

Guardians,  etc.,  relative  to  suits  against      .... 
of  insane  persons,  appointment  of     . 

Gypsy  moths,  etc.,  relative  to  the  suppression  of 


PAGE 
1102 

1302 

1411 

236 

512 

871 

GO 

162 

475 

607 

486 

34 

14 

130 

315 

241 

802 
388 
734 
114 
155 
464,  511,  714 


H. 

Haddock,  Salem  P.,  in  favor  of  ....... 

Hadley,  town  of,  the  Russellville  Cemetery  Association  incorporated  in 

certain  parcels  of  land  in,  may  be  leased  for  dwellings  for  the  pro 
fessors  of  the  Massachusetts  Agricultural  College 
Hadley  Water  Supply  District,  may  extend  its  limits   .... 
Halley,  Mary  E.,  to  establish  the  salary  of  ..... 

Halls,  in  schoolhouses,  relative  to  the  use  of         ....  . 

Hamilton,  town  of,  may  take  certain  cemetery  land  for  a  jjublic  park 
Hamlen,  Erving  W.,  justice  of  the  peace,  acts  confirmed 
Hampden  county,  salary  of  the  assistant  clerk  of  the  courts  of 

the  city  of  Chicopee  and  the  town  of  Ludlow  in,  to  be  made  a  medical 
examiner  district      ........ 

tax  granted  for        ........  . 

Hampshire  county,  clerical  assistance  for  the  treasurer  of      . 

sittings  of  the  superior  court  established  in         ...  . 

improvement  of  a  certain  highway  in         ....         . 

tax  granted  for        ........  . 

Hancock,  Portus  B.,  resolution  of  sympathy  with         .... 

Hanover,  town  of,  the  North  Hanover  Firemen's  Association  incorporated  in 

may  supi)ly  itself  with  water    ....... 

may  procure  water  from  certain  other  towns      .... 


1094 
236 

398 

38 

569 

355 

83 

1072 

130 

353 

1047 

94 

216 

871 

1052 

1112 

32 

208 

868 


Index. 


1491 


Harbor  and  land  commissioners,  appropriations  for       ....  . 

may  change  the  location  of  a  })ortion  of  the  reserved  channel  at  South 
Boston  .......... 

chairman  of,  etc.,  to  investigate  the  engineering  expenses  of  the  com- 
monwealth      ......... 

Hares  and  rabbits,  protection  and  sale  of    . 

Harwich)  town  of,  construction  and  maintenance  of  certain  bridges  over  Her 
ring  river  in     ........  . 

Haskins,  Matilda  C,  the  county  of  Franklin  may  pay  an  annuity  to 
Hawley,  William  D.,  relative  to  the  retirement  of         ...  . 

Headlights,  on  cars  of  street  railway  companies,  relative  to  the  use  of    . 

Headquarters  staff,  of  the  naval  brigade,  increase  of     . 

Heads  of  departments,  relative  to  expenditures  by        ...  . 

in  the  militia,  terms  of  office  of         .....  . 

Health,  board  of,  to  make  analyses  of  paint,  turpentine,  etc. 
appropriation  for  the  food  and  drug  department  of     . 
transfer  of  certain  powers  of  the  cattle  bureau  to        .  .  . 

duties  of,  in  cases  of  unsanitarj'  condition  of  barns,  stables,  etc.  . 
relative  to  slaughtering  ....... 

relative  to  the  protection  of  the  public  health  in  the  Neponset  river 
valley      .......... 

appropriations  for  ......... 

to  collect  information  relative  to  the  prevalence  of  tuberculosis    . 
to  provide  for  an  investigation  by,  on  the  subject  of  infantile  paralysis 
extension  of  the  work  of,  in  regard  to  the  diagnosis  of  typhoid  fever 
to  investigate  the  question  of  the  Ipswich  river  being  used  as  a  source 
of  water  supply         ........ 

to  make  an  examination  of  the  water  of  Lake  Cochituate    . 
chairman,  etc.,  to  investigate  the  engineering  expenses  of  the  common 
wealth     .......... 

Health,  state  inspectors  of,  to  investigate  the  matter  of  the  proper  lighting  of 
factories,  etc.  ......... 

Health,  public,  in  the  valley  of  the  Neponset  river,  protection  of  . 
Health  districts,  relative  to        .......  . 

Health  inspectors,  relative  to     .......  . 

Heard  Fund  of  the  Ipswich  Public  Library,  Trustees  of,  incorporated     . 
Heat,  relative  to  corporations  engaged  in  the  business  of  furnishing 
Heath  hen,  so-called,  to  prevent  the  extermination  of  . 
Height  and  weight  of  members  of  fire  departments,  regulations  concerning 
Herring  river,  in  the  town  of  Harwich,  construction  and  maintenance  of 
bridges  over     ......... 

High  school  of  commerce,  erection  of  a  building  for,  within  the  park  limits  of 
Boston    .......... 

High  school  education,  to  provide  for  an  investigation  of  the  subject  of  the 
improvement  of        .......  . 

High  school  teachers,  in  certain  schools,  to  be  certified  by  the  board  of  educa 
tion         .......... 


PAGE 

890 
1075 


1492 


Index. 


High  schools,  certain  towns  to  be  reimbursed  for  certain  expenses  of 
Highway  commission,  may  destroy  certain  worthless  papers 
appropriations  for  . 
taking  of  land  by,  in  the  town  of  Revere  .... 

may  construct  a  highway  in  the  town  of  Salisbury 

may  improve  a  certain  highway  between  the  towns  of  Shelburne  and 

Greenfield        .......... 

may  improve  the  highways  connecting  the  Hoosac  and  Deerfield  valleys 
may  improve  a  certain  highway  in  the  counties  of  Berkshire  and  Hamp- 
shire       ........... 

to  construct  a  highway  in  the  town  of  Salisbury       .... 

chairman  of,  etc.,  to  investigate  the  engineering  expenses  of  the  com- 
monwealth      .......... 

Highway  surveyors,  election  of,  for  terms  of  three  years        .... 

Highways,  etc.,  carrying  of  lights  on,  at  night      ...... 

proposed  amendment  to  the  constitution   increasing  the  power  of  the 

legislature  in  the  taking  of  land,  etc.,  for,  submitted  to  the  people 

Hingham,  town  of,  construction  of  a  new  bridge  over  Weymouth  Back  river 

between  the  town  of  Weymouth  and 
Hingham  Cemetery,  Proprietors  of,  may  hold  additional  estate 
Hinsdale,  town  of,  relative  to  the  boundary  line  between  Peru  and 
Historical  Society,  the  Roxbury,  the  property  of  the  Joseph  Warren  Associa- 
tion may  be  transferred  to  ....  . 

Hoisting  machinery,  licensing  of  operators  of       ...  . 

Holbrook,  town  of,  may  refund  certain  indebtedness    . 

additional  water  loan  for  ...... 

Holidays,  Columbus  day  to  be  included  in  the  list  of    . 

relative  to  work  in  mills  and  factories  on  . 
Holyoke,  city  of,  relative  to  smoke  nuisance  in    . 

to  incorporate  the  board  of  trade  in  .... 

Holzman,  Augustus,  notary  public,  acts  confirmed        .  .  . 

Home,  for  Aged  People,  the  Newton,  the  Stone  Institute  may  convey  its 
property  to      .......  . 

Soldiers',  the  Massachusetts,  appropriation  for 

in  favor  of  ........ 

Homestead  commission,  established    ...... 

Homesteads,  for  workmen,  establishment  of         ...  . 

Homing  pigeons,  protection  of  . 

Hoosac  and  Deerfield  valleys,  improvement  of  highways  connecting 

Hoosac  tunnel,  to  provide  for  furnishing  electricity  to  railroad  corporations 

operating  trains  in    . 
Horses,  cattle,  etc.,  appropriation  for,  exterminating  diseases  among 
Hospital,  Boston  state,  to  provide  for  the  payment  of  damages  for  the  taking 
of  land  for        .......  . 

Children's,  in  Boston,  may  hold  additional  estate 

the  Penikese,  improvements  at  ....  . 

Hospital  patients,  to  prohibit  the  sale  of  intoxicating  licjuor  to,  etc. 


PAGE 

558 
27 
578 
579 
982 

802 
801 

871 
982 

1099 
173 
602 

1076 

941 

11 

1061 

80 
783 
119 
140 
106 
116 
174 
881 
1033 

624 
408 
1054 
628 
628 
150 
801 

44S 

874 

1C63 
37 

1098 
22 


Index. 


1493 


PAGE 

Hospital  school,  the  Massachusetts,  improvements  at  .         .         .         .         .  1100 
Hospitals  for  consumptives,  trustees  of,  may  sell  and  convey  certain  land  in 

the  town  of  Westfield 389 

to  provide  for  printing  additional  copies  of  the  report  of  the  trustees  of  434 

appropriations  for  expenses  of  trustees  of  .          .          .          .          .          .  600 

Hospitals,  etc.,  for  the  insane,  to  regulate  the  restraint  of  patients  in     .          .  609 

isolation,  maintenance  of,  by  cities  and  towns    .....  635 

tuberculosis,  to  promote  the  building  of     .  .  .  .  .  .621 

Hotel  Company,  the  Eastern,  charter  revived      ......  935 

Hours,  of  employment,  of  women  and  minors,  relative  to      .          .          .          .  473 

House  of  the  Angel  Guardian,  Trustees  of,  may  hold  additional  estate   .          .  10 

House  of  representatives,  to  establish  the  salary  of  the  assistant  clerk  of         .  799 

additional  compensation  for  clerical*assistance  to  the  clerk  of       .          .  1093 

list  of  members  of            .........  1304 

Houses  of  correction,  etc.,  relative  to  the  inspection  of           ....  238 

relative  to  certain  persons  committed  to    .          .          .          .          .          .  446 

Howard,  WiUiam  N.,  resolution  of  sympathy  with        .....  1112 

Hungarian  partridge,  protection  of     ........  14 

Hunters,  hcensing  and  registration  of           .......  636 

Hunters'  certificates  of  registration,  law  relative  to,  amended         .          .          .  192 

Hunting  and  possession  of  quail,  relative  to          .....          .  320 

Huntington,  town  of,  election  of  the  school  committee  in      .  .  .  .41 

relative  to  the  fire  district  of    .......          .  634 

Huntington  avenue,  in  Boston,  laying  out  of  a  street  to  connect  Audubon  road 

with 438 

Husband,  desertion  of  wife  by,  to  make  uniform  the  law  relating  to        .          .  439 

Hyde  Park,  town  of,  the  southern  high  service  water  system  to  be  extended  to  448 

annexation  of,  to  the  city  of  Boston  .....        450,  606 

Hypnotic  drugs,  issuance  of  search  warrants  for  .          .         .         .         .         .  359 


I. 

Immigrants,  to  provide  for  the  better  distribution  of    . 
Imperfections  in  weaving,  to  prohibit  the  imposition  of  fines  for    . 
Improvement  Society,  the  East  Templeton  Village,  may  maintain  a  memorial 

hall 

Inaugural  address,  of  the  governor    ....... 

Indebtedness,  of  cities  and  towns,  payment  of     . 

Independent  industrial  schools,  appropriation  for  the  maintenance  of 

Industrial  Accident  Board,  appointment  of  ..... 

Industrial  Development  Company,  the  Boston,  incorporated 

Industrial  insurance  policies,  relative  to  the  cash  surrender  value  of  certain 

Industrial  school  for  boys,  trespassing  on  land  of  .... 

appropriation  for    ......... 

commitments  to      ........  . 

improvements  at     ........  . 

Industrial  School  for  Deaf  Mutes,  the  New  England,  in  favor  of   , 


121 

607 

195 

1117 

317 

282 

1003 

327 

329 

146 

512 

627 

1096 

1035 


U94: 


Index. 


PACK 

Industrial  school  for  girla,  appropriation  for         .....         .       512 

Industrial  schools,  certain,  appropriations  for       .....  .       282 

Infantile  paralysis,  investigation  on  the  subject  of         ....  .     1056 

Infants,  relative  to  the  protection  of  .  .  .  .  .  .  .  .       479 

Inferior  courts,  of  the  county  of  Suffolk,  to  provide  for  the  appointment  of  a 

commission  on  .  .  .  .  .  .  .  .  .     1071 

Infirmary,  state,  appropriations  for    ........       777 

improvements  at     .........  .     1099 

Inflammable  fluids,  in  motor  vehicles,  relative  to  .....       467 

Injunctions,  violation  of,  relative  to  proceedings  for  the  punishment  for  .       309 

Injuries,  recovery  of  damages  for,  in  certain  cases  resulting  in  death       .  22,  727 

relative  to  commencing  actions  for    .  .  .  .  .  .  .133 

received  by  employees,  relative  to  payments  for  ....       998 

to  extend  the  powers  of  the  commission  on  the  liability  of  employers 

for 1063,  1085 


Inland  waterways,  relative  to  the  question  of  the  development  of 
Insane,  acquisition  of  land  for  the  care  of   . 

hospitals  or  sanatoriums  for,  to  regulate  the  restraint  of  patients  in 
Insane  persons,  appointment  of  guardians  of        ....  . 

order  of  commitment  of  . 
Insane  prisoners,  removal  of,  from  certain  institutions 
Insanity,  board  of,  transfers  and  removals  by,  of  inmates  of  certain  institutions 

receipts  of  institutions  under  the  supervision  of  .  .  . 

appropriations  for  ......... 

Insect-destroying  birds,  colonizing  of  ...... 

Insolvent  estates  of  deceased  persons,  commissioners  of,  to  give  certain  notice 
to  creditors      ......... 

Inspection,  of  cinematographs,  relative  to  . 

of  meat,  certain  powers  of  the  cattle  bureau  relative  to,  transferred  to 
the  board  of  health  .  .  . 

of  electric  meters,  relative  to    . 

of  elevators,  law  relative  to,  amended        ..... 

of  factories,  etc.,  to  extend  the  time  for  making  report  on  the  investi- 
gation of  ......... 

of  jails,  etc.,  relative  to   . 

of  places  where  neat  cattle,  etc.,  are  kept,  to  provide  for 
Inspector,  of  apiaries,  appointment  of  .....  . 

of  boilers,  duties  of,  relative  to  licensing  operators  of  hoisting  machinery 
Inspectors,  of  animals,  relative  to  the  appointment  of  ... 

of  crude  petroleum,  appointment  of  ..... 

of  factories,  etc.,  a])pointment  of  additional        .... 

of  weights  and  measures,  to  provide  for  additional      ... 

of  health,  to  investigate  the  matter  of  the  proper  lighting  of  factories 
etc.  .......... 

relative  to  .........  . 

railroad  and  railway,  relative  to  the  appointment  of   . 

of  slaughtering,  appointment  of         .....  . 


1040 
388 
609 
155 
234 
627 
295 
470 
858 
163 

132 
36 

255 
316 
439 

1033 
238 
370 
164 
783 
111 
153 
640 
717 

626 
870 
855 
555 


Index. 


1495 


PAGE 

Institute,  the  Stone,  may  convey  its  property  to  the  Newton  Home  for  Aged 

People 624 

of  Technology,  the  Massachusetts,  appropriation  for  .         .         .      384 

in  favor  of  ...........     1070 

the  Worcester  Polytechnic,  appropriation  for      .....       317 

Institutions,  storage  facilities  for  goods  made  for  the  use  of  .  .  .  .       146 

certain,  relative  to  returns  of  inventories  of        .  .  .  .  .119 

transfer  and  removals  of  inmates  of,  by  the  board  of  insanity  .  .       295 

relative  to  the  receipts  of      .......  .       470 

to  provide  for  the  instruction  of  nurses,  attendants,  etc..  in      .  .       777 

public,  cities  and  towns  to  be  reimbursed  for  loss  of  taxes  on  land  used 

for 355,  468 

Instruction,  in  evening  schools,  payment  of  fee  for        .....       265 

of  the  militia,  relative  to  ........       614 

Insurance,  fire,  appointment  of  referees  for  adjusting  losses  under  policies  for       391 
Insurance  agents,  etc.,  granting  and  issuing  licenses  to  ....       419 

Insurance  Association,  the  Massachusetts  Employees,  incorporated         .  .     1007 

Insurance  commissioner,  relative  to  the  annual  reports  of      .  .  .  .37 

classification  and  salaries  of  clerks  in  the  office  of        ...  .       252 

appropriations  for  ..........       408 

duties  of,  relative  to  the  control  of  fraternal  benefit  .societies        .  .       690 

under  the  law  relative  to  compensation  for  injuries  to  employees  998-1012 
Insurance  companies,  relative  to  the  kinds  of  business  which  may  be  done 

by 1.54 

on  the  mutual  plan,  incorporation  of  ......       214 

examination  of  corporations  having  financial  relations  with   .  .  .       289 

certain,  may  act  as  sureties  in  criminal  proceedings    ....       313 

Insurance  departments,  life,  estabhshed  by  savings  banks,  appropriation  for  .       876 
Insurance  law,  amendments  to  37,  40,  154,  214,  252,  288,  289,  313,  329,  391,  419,  481 
Insurance  laws,  preparation  and  printing  of  an  annotated  copy  of  .  .     1101 

Insurance  policies,  on  prudential  and  industrial  insurance,  relative  to  the  cash 

surrender  value  of    ........         .       329 

Insurance  rates,  fire,  to  establish  a  board  of  appeal  for  ....       481 

InteUigence  offices,  etc.,  extending  the  time  for  filing  the  report  on  the  inves- 
tigation of 1031.  1078 

Intention  of  marriage,  law  relative  to  notice  of,  amended      ....       938 

Intoxicating  liquors,  to  prohibit  the  sale  of,  to  hospital  patients,  etc.      .  .         22 

granting  licenses  for  the  sale  of,  in  certain  cases,  relative  to  .  .         61 

relative  to  the  storage  of,  in  warehouses    .  .  .  .  .  56,  69 

carriers  of,  law  relative  to  the  registration  of,  amended        .  .  .411 

Inventories,  of  certain  state  institutions,  relative  to  returns  of       .  .  .       119 

Investigation,  of  eye  injuries,  in  factories  and  workshops,  to  provide  for  .       626 

of  the  water  power  of  the  commonwealth  .....       687 

relative  to  a  teaming  tunnel  under  Boston  harbor       .  .  .  .1051 

relative  to  the  east  and  west  tunnel  and  subway  in  Boston  .  .     1054 

of  the  matter  of  providing  offices  for  state  officers,  etc.        .  .  .     1055 

relative  to  retirement  allowance  to  certain  teachers     ....     1055 


1496 


Index. 


PAGE 

Investigation,  of  infantile  paralysis    ........  1056 

as  to  making  Parker  Hill  a  part  of  the  metropolitan  park  system          .  1056 
of  the  Ipswich  river,  as  to  furnishing  a  water  supply  for  Beverly,  Salem 

and  Peabody   ..........  1057 

of  certain  voluntary  associations       .......  1058 

on  the  subject  of  improving  high  school  education,  etc.        .          .          .  1061 

of  the  matter  of  part-time  schooling  for  working  children           .          .  1062 

concerning  the  maintenance  of  textile  schools     .....  1062 

of  the  methods  of  supporting  public  schools        .....  1065 

of  the  wages  of  women  and  minors,  etc.     ......  1065 

of  the  matter  of  the  equipment  of  street  railway  cars           .          .          .  1067 

of  rifle  ranges          ..........  1069 

into  the  expediency  of  authorizing  the  Lowell  textile    school    to    grant 

degrees    ...........  1074 

of  lake  Cochituate            .........  1074 

relative  to  a  highway  bridge  over  Matthews  street  in  Chelsea      .          .  1075 
of  employment  agencies,  etc.,  to  extend  the  time  for  making  report 

on 1031,  1078 

of  the  Essex  bridge,  between  Beverly  and  Salem         ....  1080 
as  to  the  improvement  of  the  subway  and  transportation  system  in  the 

city  of  Boston 1084 

of  the  question  of  establishing  an  agricultural  school  in  or  near  the  city 

of  Boston 1085 

concerning  commutation  tickets        .......  1089 

of  the  subject  of  cold  storage   ........  1090 

on  the  question  of  acquiring  land  around  Lake  Quannapowitt  for  a 

state  boulevard         .........  1090 

as  to  the  treatment  of  inmates  of  the  Lyman  school  for  boys,  com- 
pensation for  committee  on        ......          .  1093 

on  the  matter  of  a  parkway  between  Winthrop  parkway  in  Revere  and 

the  Winthrop  shore  reservation           ......  1094 

of  the  indebtedness  of  cities  and  towns,  the  director  of  the  bureau  of 

statistics  to  make  an          ....:..          .  1097 

of  the  engineering  expenses  of  the  commonwealth        ....  1099 

of  the  question  of  the  increase  of  criminals,  etc.,  to  provide  for  print- 
ing the  report  on      ........          .  1101 

Ipswich,  town  of,  the  town  of  Essex  may  purchase  a  release  of  certain  land  in  507 

Ipswich  Public  Library,  to  incorporate  the  Trustees  of  the  Heard  Fund  of     .  58 

to  incorporate  the  Trustees  of  the  Treadwell  Fund  of           ...  59 

Ipswich  river,  to  provide  for  an  examination  of    .          .          .          .          .          .  1057 

Isolation  hospitals,  maintenance  of,  by  cities  and  towns        ....  635 


J. 

Jails,  etc.,  relative  to  certain  persons  committed  to       ....         .  446 

relative  to  the  inspection  of      .......          .  238 

Joseph  Warren  Monument  Association,  may  transfer  its  property  to  the  Rox- 

bury  Historical  Society     ........  SO 


Index. 


1497 


Judges  of  probate  and  insolvency,  to  establish  minimum  salaries  of 
Judgment  debtors,  female,  recognizances  to 
Judicial  department,  appropriations  for 

list  of  persons  comprising  the 
Jury  cases,  relative  to  new  trials  in     . 
Justice  of  the  peace,  Beale,  Arthiu-  M.,  acts  confirmed 

Brackett,  Jolui  G.,  acts  confirmed     . 

Cornish,  John  B.,  Junior,  acts  confirmed  . 

EUiott,  Charles  J.,  acts  confirmed     . 

Hamlen,  Ewing  W.,  acts  confirmed  . 

Thayer,  Edwin  F.,  acts  confirmed     . 

Wheeler,  Henry,  acts  confirmed 
Justices,  of  district,  municipal  and  police  courts,  to  provide  for  the  retirement 

of  .         .  .  

Juvenile  reformatory  schools,  to  prohibit  solitary  confinement  in 


PAGE 

791 

142 

45 

1320 

4ao 

1059 
1031 
1037 
1072 
1072 
1092 
1032 

856 
222 


K. 

Kingston,  town  of,  to  prohibit  the  taking  of  fish  by  means  of  torches,  etc.,  in 

the  waters  of  ..........  80 

Knights  of  Sherwood  Forest  of  Massachusetts,  incorporated           ...  34 

Kosher  meat,  relative  to  the  sale  of,  on  the  Lord's  day          ....  288 


L. 

Labeling,  of  evaporated  or  condensed  milk  ......       634 

Labor,  relative  to  work  in  mills,  etc.,  on  holidays  .  .  .  .  .116 

weekly  payment  of  wages  by  express  companies  .  .  .  .156 

law  relative  to  the  employment  of  women    in    certain    establishments, 

amended  ..........       183 

payment  of  wages  for,  by  certain  manufacturing  corporations,  etc., 

relative  to        .........  .       212 

specifications  to  be  furnished  to  weavers  in  cotton  factories  .  .221 

to  prohibit  the  use  of  suction  shuttles  in  factories       ....       238 

employment  of  certain  minors  in  factories,  etc.  ....       265 

employment  of  women  and  children  ......       267 

relative  to  the  hours  of  employment  of  women  and  minors  .  .       473 

to  constitute  eight  hours  a  day's  work  for  public  employees  .  .       482 

employment  of  locomotive  engineers,  etc.  .....       560 

relative  to  the  wages  of  the  employees  of  the  metropolitan  park  com- 
mission and  the  metropolitan  water  and  sewerage  board  .  .  561 
to  prohibit  the  imposition  of  fines  for  imperfections  in  weaving  .  .  607 
to  provide  for  establishment  of  homesteads  for  workmen  .  .  .  628 
employment  in  the  night  messenger  service,  relative  to  .  .  .  713 
relative  to  payments  to  employees  for  injuries  received  in  course  of  em- 
ployment                 998-1012 

to  extend  the  powers  of  the  commission  on  the  liability  of  employers  for 

injuries  received  by  employees  ...  .  .  .     1063,  1085 


U9S 


Index. 


PAGE 

Lake  Quannapowitt,  in  Wakefield,  relative  to  the  laying  out  of  a  boulevard 

around 1090 

Lake  Quinsigamond,  relative  to  the  taking  of,  as  a  state  reservation       .  .521 

Lakeville  sanatorium,  appropriations  for     .......  597 

improvements  at     .........         .  1080 

water  supply  for     .........         .  1095 

Land  court,  transfer  of  suits  from,  to  the  superior  court        ....  423 

appropriations  for  ..........  789 

Land  registration  certificates,  law  relative  to,  amended          ....  8 

Larceny,  petit,  law  relative  to,  amended     .......  98 

Lawrence,  city  of,  to  revise  the  charter  of  .          .          .          .          .         .         .  646 

construction  of  a  new  bridge  over  the  Merrimac  river  in     .          .         .  935 

sale  of  the  state  armory  at       .......          .  1067 

relative  to  a  proposed  highway  between  Methuen  and         .          .         .  1083 

Lawrence,  William  H.,  in  favor  of      .......          .  1035 

Lee,  town  of,  the  St.  George's  Episcopal  Church  in,  may  hold  certain  property 

in  trust  ...........  215 

fire  district  in,  may  borrow  money  to  build  a  fire  engine  house      .          .  785 

Legacies  and  successions,  relative  to  the  assessment  of  taxes  on     .          .         .  327 

taxation  of,  law  relative  to,  amended         ......  490 

Legal  settlements,  relative  to     ........          .  791 

Legislative  counsel  and  agents,  law  relative  to,  amended       ....  888 

Legislative  department,  list  of  members  of,  for  1911  .          .          .          .  1302 

Legislature,  proposed  amendment  to  the  constitution  increasing  the  power  of, 

in  regard  to  the  taking  of  land,  etc.,  submitted  to  the  people         .  1076 

Lenox,  town  of,  provision  affecting   .                             .          .          ■     /  ■         ■  ^^^ 

Leominster,  town  of,  taking  of  certain  lands  in,  for  altering  a  grade^'Crossing  .  G07 

Leper  hospital,  the  Penikese,  appropriation  for    ......  877 

improvements  at     .........         .  1098 

Levesque,  Fortunat,  in  favor  of           ........  1069 

Lexington,  town  of,  construction  of  a  sewerage  system  for     .          .          .          .  151 

Lcyden,  town  of,  boundary  line  between  Colrain  and  .....  287 

Liabilities,  municipal,  returns  of          .......          .  265 

Liability,  of  common  carriers  for  the  safety  of  passengers      ....  93 

of  stockholders  and  directors  of  corporations,  relative  to     .          .          .  477 
of  employers  for   injuries,  to  extend  the  powers  of  the  commission 

on 1063,  1085 

Liability  companies,  to  increase  the  reserve  of     .....          .  268 

Libels,  for  divorce  for  adultery,  naming  of  co-respondents  in          ...  93 

Library,  state,  appropriations  for        .......          .  878 

Library  system,  free  public,  to  enlarge  the  usefulness  of         .  .  .  .110 

Licenses,  for  the  sale  of  intoxicating  liquors,  granting  of,  in  certain  cases         .  61 

of  lying-in  hospitals,  etc.           ........  222 

to  insurance  agents  and  brokers,  granting  and  issuing  of      .          .          .  419 

to  engineers  and  firemen,  law  relative  to  (ho  issuing  of,  amended           .  586 

Licensing,  of  operators  of  hoisting  machinery,  relative  to       .          .          .          .  783 

of  hunters,  relative  to      ........          ,  636 


In^dex. 


1499 


PAGE 

Life  insurance  departments,  in  savings  banks,  appropriation  for  establishing  .  876 

Life  insurance  policies,  weekly  payment,  law  relative  to,  amended          .         .  40 

L'ght,  relative  to  companies  engaged  in  furnishing     .....  31G 

Lighting,  of  factories  and  workshops,  relative  to           .....  626 

Lights,  carrying  of,  at  night,  by  certain  vehicles           .....  602 

Lincoln,  Abraham,  relative  to  a  bronze  memorial  tablet  of           .          .          .  1075 
Lincoln,  town  of,  relative  to  the  water  commissioners  of       .          .          .          .137 

drawing  of  water  from  Sandy  pond  in        .....          .  426 

Linseed  oil,  analysis  of,  to  be  made  by  the  board  of  health            .         .         .  163 

Liquors,  intoxicating,  to  prohibit  the  sale  of,  to  hospital  patients,  etc.  .          .  22 

relative  to  the  storage  of,  in  warehouses    ......  56,  69 

granting  of  licenses  for  the  sale  of,  in  certain  cases      .  .  .  .61 

carriers  of,  law  relative  to  the  registration  of,  amended       .         .         .  411 

Listing,  etc.,  of  shares  of  stock  of  mining  corporations           ....  480 

Lists,  of   state  officials  and  employees,  law  relative  to  the  publication  of, 

amended           ..........  31 

Littleton,  town  of,  water  supply  for   .          .          .          .          .          .          .          .  640 

Live  decoys,  relative  to  the  use  of,  in  the  county  of  Nantucket     .          .          .  191 

Loan  agencies,  appointment  of  a  supervisor  of     . '        .          .          .          .          .  882 

Loans,  small,  to  regulate  the  business  of  making           .....  882 

Lobby  act,  so-called,  amendments  to           .......  888 

Locations,  of  electric  lines,  relative  to         .  .  .  .  .  .  .471 

Locomotive  engineers,  etc.,  employment  of           ......  560 

Lodging  houses,  public,  in  certain  cities,  to  regulate     .....  100 

Log  and  chain,  relative  to  the  use  of,  on  prisoners        .....  146 

Lord's  day,  relative  to  the  sale  of  Kosher  meat  on        ....          .  288 

Loss,  by  fire,  of  money  deposited  in  certain  machines,  responsibility  for           .  424 

Losses,  under  policies  of  fire  insurance,  appointment  of  referees  for  adjusting  391 

Lowell,  city  of,  jurisdiction  of  the  United  States  over  a  certain  tract  of  land  in  216 

opening  of  ways  in           .........  258 

to  permit  speed  tests  of  automobiles,  etc.,  on  certain  laighways  in          .  264 

to  amend  the  charter  of  .          .          .          .          .          .          .          .          .  747 

may  raise  a  certain  sum  of  money  by  taxation,  for  the  use  of  the  Lowell 

textile  school 1088 

Lowell  textile  school,  relative  to  the  granting  of  degrees  by  .          .          .          .  1074 

to  provide  for  certain  improvements  at      .          .          .          .          .          .  1088 

in  favor  of 1088 

Ludlow,  town  of,  and  the  city  of  Cliicopee,  to  be  made  a  medical  examiner 

district    ...........  353 

Lunenburg,  town  of,  to  ratify  certain  acts  of        .....          .  386 

Lying-in  hospitals,  licensing  and  regulation  of    .         .          .          .          .          .  222 

Lyman  and  industrial  schools,  appropriations  for  expenses  of  the  trustees  of  .  511 

improvements  at     .........          .  1083 

Lyman  school  for  boys,  to  restrict  corporal  punishment  in     .          .          .          .  479 

appropriation  for    .  .  .  .  .  .  .  .  .  .512 

compensation  for  the  committee  to  investigate  the  treatment  of  inmates 

at 1093 


1500 


Index. 


PAGE 

Lynn,  city  of,  may  agree  with  the  town  of  Swampscott  as  to  a  system  of 

sewage  disposal         .  .  .         .         .         .         .         .         .110 

taxation  for  the  improvement  of  streets  in  ....         .       294 

issue  of  bonds  in     .........  .       365 

relative  to  the  pohce  court  of  .  .  .  .  .  .  .  .       406 

to  provide  for  the  reconstruction  of  Fox  Hill  bridge  over  Saugus  river 

between  the  town  of  Saugus  and         .  .  .  .  .  .714 

Lynn  harbor,  law  relative  to  the  improvement  of,  amended  .  .  .       181 

relative  to  the  taking  of  fish  in.  ......  .       364 


M. 

Magistrates,  fees  of,  for  the  examination  of  sureties,  etc. 
Maiden,  city  of,  appointment  of  a  police  commissioner  of 

may  pay  an  annuity  to  the  widow  of  Michael  S.  Murphy 

use  of  school  halls  in        ...  . 

may  establish  a  public  grounds  commission 

to  provide  an  outlet  for  the  sewage  of 

retirement  of  certain  veterans  in  the  service  of 
Mange,  relative  to  the  disease  of         .  .  . 

Manicuring,  etc.,  relative  to  the  practice  of 
Manufacture,  etc.,  of  commodities  in  common  use,  regulated 

of  turpentine,  relative  to  ...... 

Manufacturing  corporations,  etc.,  payment  of  wages  by 

Manufacturing  estabUshments,  etc.,  relative  to  the  employment  of  women 

in  . 
Marblehead,  town  of,  may  convey  certain  property  to  Hannah  Graves 

included  in  the  judicial  district  of  the  district  court  of  southern  Essex 
Marginal  Freight  Railroad  Company,  the  East  Boston,  incorporated 
Marriage,  intention  of,  law  relative  to  notice  of,  amended     . 
Marshfield,  town  of,  may  refund  certain  notes     .... 
Mashpce,  town  of,  taxation  of  parish  property  in  .  .  . 

Massachusetts  Agricultural  College,  transfer  of  the  property  of,  to  the  com 
monwealth       ........ 

may  lease  certain  parcels  of  land  for  dwellings  for  professors,  etc  ,  of 
the  college        ....... 

appropriations  for  ....... 

relative  to  annual  payments  to         ...         . 

improv<^ments  at     . 
Massachusetts  Brick  Company,  charter  to  remain  in  force    . 
Massachusetts  Charitable  Eye  and  Ear  Infirmary,  in  favor  of 
Massachusetts  commission  for  the  blind,  appropriations  for 
Massachusetts  Employees  Insurance  Association,  incorporated 
Massachusetts  School  for  the  Feeble-Minded,  appropriations  for 

improvements  at     ......         . 

Massachusetts  hospital  school,  appropriations  for 

improvements  at    ......         . 


115 

11 

13 

147 

147 

505 

880 

7 

432 

491 

223 

212 

183 
34 
406 
630 
938 
607 
81 

266 

398 

554 

613 
10S6 

592 
1052 

860 
1007 

859 
1093 

788 
1100 


Index. 


1501 


Massachusetts  Institute  of  Technology,  appropriation  for 

in  favor  of      .......         . 

Massachusetts  nautical  training  school,  appropriations  for    . 
Massachusetts  reformatory,  salaries  of  the  watchmen  in 

maintenance  at,  of  departments  for  defective  delincjuents 

removal  of  insane  prisoners  from       .... 

appropriations  for  . 
Massachusetts  School  Fund,  appropriation  for  the  payment  of  premiums  on 
securities  pm'chased  for     ......         . 

Massachusetts  State  Firemen's  Association,  appropriation  for 
Massachusetts  training  schools,  to  establish  the  board  of  trustees  of 
Massachusetts  Trust  Company,  to  be  merged  with  certain  other  trust  com- 
panies    .......... 

Massage,  etc.,  relative  to  the  practice  of     . 

Mattapan,  extension  of  the  Shawmut  branch  of  the  Old  Colony  railroad  from 

Matthews  street,  in  Chelsea,  relative  to  the  construction  of  a  highway  bridge 

over         ........... 

McCoole,  Joseph  R.,   assistant   register   of    probate,  county  of  Norfolk,  to 

establish  the  salary  of      . 
Measures,  weights  and,  penalty  for  giving  falsely 

law  relative  to  cranberry  barrels,  crates,  etc.,  amended 

commissioner  of,  additional  inspector  of    . 
Meat,  inspection  of,  certain  powers  of  the  cattle  bureau  relative  to,  transferred 

to  the  board  of  health        ..... 
Mechanical  establishments,  etc.,  relative  to  the  employment  of  women  in 
Medfield  state  asylum,  appropriations  for   .... 
Medford,  city  of,  amount  of  taxes  in  .... 

Medical  department,  of  the  militia,  changes  in     . 
Medical  examiner  district,  in  the  county  of  Hampden,  the  city  of  Chicopee 

and  the  town  of  Ludlow  made  a  .  .  . 

Medical  milk  commigsions,  incorporation  of  .  .  . 

Medicine,  board  of  registration  in,  appropriations  for   . 
Memorial  to  army  nurses  of  the  civil  war  .... 
Mendon,  town  of,  filing  of  certificates  of  nomination,  etc.,  by 
Mental  defectives,  etc.,  to  provide  for  printing  additional  copies  of  a  report  on 
Mental  disorders,  care  of  persons  suffering  from  . 

reception  and  temporary  care  of  person  suffering  from 
Mercantile  establishments,  etc.,  relative  to  the  employment  of  women  in 

employment  of  certain  minors  in       .....  . 

workshops  connected  with,  employment  of  children  and  women  in 

to  extend  the  time  for  making  report  on  investigation  of  the  inspec- 
tion of     .........  . 

Mercantile  Trust  Company,  to  be  merged  with  certain  other  trust  companies 
Merchants  Club,  in  Boston,  in  favor  of        .....  . 

Merrimac  river,  construction  of  a  new  bridge  over,  in  the  city  of  Lawrence 
Messages,  special,  of  the  governor      ....... 

Messenger  service,  night,  relative  to  the  employment  of        .  .  . 


I'AGE 

384 
1070 

775 
561 
617 
627 
867 

409 
274 

595 

99 
432 
513 

1075 

870 
125 

368 
717 

255 
183 
861 
233 
286 

353 
494 
728 

1036 
77 

1101 
384 
385 
183 
265 
267 

1033 

99 

1033 

935 
1133 

713 


1502 


Index. 


Meters,  cash-recording,  responsibility  for  loss  by  fire  of  money  deposited  in 
Meters,  gas,  relative  to      ........  . 

Methuen,  town  of,  the  Walnut  Grove  Cemetery  in,  may  transfer  its  prop 
erty  to  the  Walnut  Grove  Cemetery  Corporation 
relative  to  a  proposed  highway  between  Lawrence  and 
Metropolitan  park  commission,  to  extend  the  time  for  the  report  of,  on  the 
sanitary  condition  of  Charles  river  reservation     . 
may  license  the  continuance  of  certain  encroachments  on  the  Charles 
river  embankment    ........ 

relative  to  the  wages  of  employees  of         ....  . 

to  consider  the  advisability  of  maldng  Parker  Hill  a  part  of  the  metro 
politan  park  system  ....... 

directed  to  investigate  the  question  of  acquiring    land    around  Lake 
Quannapowitt  for  a  state  boulevard   ..... 

to  investigate  the  cost  of  a  parkway  in  the  tow^is  of  Revere  and  Win- 
tlirop       .......... 

chairman  of,  etc.,  to  investigate  the  engineering  e.xpenses  of  the  com 
raonwealth       ......... 

Metropolitan  park  reservations,  appropriation  for  giving  band  concerts  in 
Metropolitan  park  system,  relative  to  making  Parker  Hill  a  part  of 
Metropolitan  parks,  etc.,  certain  statements  relative  to,  to  be  published  in 
the  series  of  public  documents   ...... 

Metropolitan  parks  apportionment  commission,  payment  of  expenses     . 
Metropolitan  parks  district,  payment  of  certain  assessments  by  cities  and 
towns  in  ......... 

Metropolitan  plan  commission,  appointment  of    . 
Metropolitan  water  loan  bonds,  relative  to  the  issuing  of       . 
Metropolitan  water  and  sewerage  board,  duties  of,  relative  to  the  extension  of 
the  metropolitan  sewer  to  the  town  of  Braintree 
to  extend  the  water  service  system  to  the  town  of  Hyde  Park 
relative  to  the  wages  of  employees  of         ....  . 

chairman  of,  etc.,  to  investigate  the  engineering  expenses  of  the  com 
monwealth       ......... 

to  make  an  examination  of  the  water  of  Lake  Cocliituate    . 
Metropolitan  water  system,  appropriation  for      .  •        . 
Middlcborough  Fire  District,  may  supply  water  to  Warrentown  village 
may  supply  water  to  Fall  Brook  Village    ..... 

Middlesex  coimty,  clerical  assistance  to  the  treasurer  of         .  .  . 

additional  officer  for  the  probate  court  of  .... 

to  establish  the  salary  of  Ilalph  N.  Smith,  an  assistant  clerk  of  the 
courts  of  ......... 

tax  granted  for        ........  . 

Middloton,  town  of,  the  town  of  Danvers  may  distribvile  electricity  in  . 
Midland  division  of  the  New  York.  New  Haven  and  Hartford  Railroad  Com' 
pany,  provision  affecting  ....... 

Milford.  town  of,  may  borrow  money  for  sewer  purposes 

Military  aid,  ajjpropriations  for  ....... 


Index. 


1503 


Military  expenses,  appropriations  for  ....... 

Military  monuments,  at  Valley  Forge  and  Petersburg,  representation  of  the 

commonwealth  at  the  dedication  of    . 
Military  stores,  sale  of,  to  members  of  the  militia,  etc. 
Militia,  rank  of  chiefs  of  staff  departments  in 

seniority  of  officers  in       . 

to  change  the  medical  department  of 

terms  of  office  of  heads  of  departments  of 

use  of  motor  vehicles  by  ... 

sale  of  military  stores  to  members  of 

instruction  and  drill  of    . 

to  increase  the  enlisted  strength  of  the  coast  artillerj^  corps  of 

non-commissioned  officers  of,  law  relative  to,  amended 

surgeon  general  of,  appropriations  for        .... 

adjutant  general  of,  appropriations  for       .... 

naval  brigade  of,  to  increase  the  headquarters  staff,  etc.,  of 

quartermaster  general  of,  appropriations  for 

employment  of  a  watchman  at  the  sttite  arsenal 

payment  of  expenditures  of      .....  . 

naval  brigade  of,  payment  of  certain  bills  incurred  by 

to  provide  for  an  investigation  of  rifle  ranges  used  by 
Militia  law,  amendments  to        .       112,  257,  286,  435.  507,  577 
Milk,  evaporated  or  condensed,  labeling  of  .  .  . 

Milk  commissions,  medical,  incorporation  of         .  .  . 

Milk  distributing  stations,  establishment  of  .  .  . 

Mills,  etc.,  relative  to  work  in,  on  holidays 

Mining  corporations,  relative  to  listing  and  advertising  shares  of 
Minor,  word  defined,  relating  to  attendance  at  evening  schools 
Minors,  age  and  schooling  certificate  of       ...  . 

employment  of        ......  . 

to  provide  for  the  appointment  of  a  commission  to  investigate  the 
question  of  wages  of  .... 

women  and,  relative  to  the  hours  of  employment  of 
Miscellaneous  expenses,  appropriations  for  260,  273,  413,  562,  975,  993 

Monopoly,  in  restraint  of  trade,  in  articles  or  commodities  in  common  use, 
relative  to        ......  . 

Monson  state  hospital,  to  abolish  the  age  limit  for  admission  to 

appropriations  for  ....... 

improvements  at     . 
Montgomery,  town  of,  taxation  of  certain  land  held  by  the  town  of  Westfield 
in  ........... 

Monument,  at  Petersburg,  Virginia,  resolutions  relative  to  the  gift  of  a  site  for 
Monuments,  at  Valley  Forge  and  Petersburg,  representation  of  the  common- 
wealth at  the  dedication  of        ......         . 

Mortuaries,  in  the  county  of  Suffolk,  relative  to  ..... 

Moths,  abatement  of  taxes  for  the  suppression  of  ....  . 

gypsy  and  brown  tail,  suppression  of 


PAGE 

788 

1066 
577 
112 
257 
286 
435 
507 
577 
614 
718 
740 
776 
788 
794 
797 
983 
1055 
1057 
1069 
614,  718,  740,  794 
634 
494 
236 
116 
480 
198 
231 
265 

1065 

473 

1024 

491 

53 

856 

1095 

463 

nil 

1066 

.   215 

.   198 

464,  511,  714 


150J: 


Index. 


Motor  cycles,  to  permit  speed  contests  by,  on  certain  highways  in  Lowell  and 

Tyngsborough  ..... 

Motor  vehicles,  relative  to  the  operation  of 

relative  to  inflammable  fluids  in        .         .         . 

use  of,  by  the  militia       ..... 

Mount  Auburn  street,  in  Cambridge,  widening  of 
Mount  Everett  reservation,  to  provide  for  acquiring  additional  land  for 
Mount  Sugar  Loaf  reservation,  to  provide  for  purchasing  additional  land  for 
Municipal  assets,  returns  of,  by  assessors    ...... 

Municipal  court,  of  Boston,  to  provide  for  the  retirement  of  the  justices  of 

Roxbiu-y  district,  appointment  of  an  assistant  j^robation  officer  for 

West  Roxbury  district,  salary  of  court  officer  in,  estabhshed 
Municipal  courts,  to  extend  the  jurisdiction  of,  in  criminal  cases    . 

to  pro\'ide  for  the  retirement  of  justices  of  .  .  . 

Murphy,  Michael  and  others,  in  favor  of     . 

Michael  S.,  the  city  of  Maiden  may  pay  an  annuity  to  the  widow  of 
Mutual  plan,  incorporation  of  insurance  companies  on 
Myles  Garrison  house,  in  Swansea,  erection  of  a  bronze  tablet  on 
Mystic  river,  public  boat  landing  on  . 

purification  and  improvement  of       ...         . 


PAGE 

264 
27 
467 
507 
107 

1087 

1088 
265 
184 
89 
219 
131 
856 

1065 

13 

214 

1034 
11) 
443 


Nahant,  town  of,  included  in  the  judicial  district  of   the  district  court  of 

southern  Essex  .........       406 

Names,  of  witnesses  in  certain  cases,  to  compel  the  disclosure  of   .  .  .       613 

Names  changed,  of  persons,  decreed  by  the  probate  courts  .  .  .     1287 

Nantasket  Beach  reservation,  appropriation  for  the  care  of  .  .  .  .       786 

Nantucket  county,  relative  to  the  Coffin  School  in       .         .         .  .  .175 

relative  to  the  use  of  live  decoys  in  .  .  .         .  .  .  .191 

Narcotic  drugs,  to  prohibit  the  sale,  etc.,  of,  to  hospital  patients   ...         22 
Nason,  Mary  A.,  to  establish  the  salary  of  ......       569 

Natick,  town  of,  may  appropriate  money  for  removing  obstructions  from 

Charles  river    ..........         21 

Naturalization,  sitting  of  the  superior  court  for,  at  Ware       ...  52,  473 

Nautical  training  school,  appropriations  for  .....  .       775 

Naval  brigade,  of  the  militia,  to  increase  the  headquarters  staff,  etc.,  of  .       794 

payment  of  certain  bills  incurred  by  ......     1057 

Neat  cattle,  etc.,  to  provide  for  the  inspection  of  places  used  for  the  keeping 

of 370 

Neglected  children,  notice  of  right  of  appeal  in  cases  of         ...  .       131 

Neponset  river  valley,  protection  of  the  public  health  in        ...  .       780 

New  Bedford,  city  of,  may  borrow  money  for  renewing  its  water  mains     .  .         50 

may  borrow  money  for  a  new  schoolhouse  .....         94 

may  borrow  money  to  purchase  wharf  and  shore  property  ...  84 
may  borrow  money  for  sewerage  construction  .....  101 
boundary  line  between  the  town  of  Dartmouth  and    .  .  .  .217 


Index. 


1505 


PAGE 

New  Bedford,  city  of,  board  of  shellfish  commissioners  for  .         .         .         .  401 

retirement  of  veterans  in  the  service  of      .....         .  493 

relative  to  the  suit  of  Charles  H.  Sanborn  against       ....  623 

may  raise  money  by  taxation,  for  the  use  of  the  New  Bedford  textile 

school     ...........  1089 

New  Bedford  textile  school,  in  favor  of       ......         .  1089 

New  Bedford  Women's  Christian  Association,  may  convey  its  property           .  628 
New  Bedford  Yoimg  Women's  Christian  Association,  conveyance  of  certain 

property  to     .........         .  628 

New  Braintree,  tovra  of,  boundary  hne  between  North  Brookfield  and  .         .291 

bovmdary  hne  between  West  Brookfield  and       .          .          ."         .          .  292 

New  England  Boy  Scouts,  incorporated      .......  218 

New  England  Industrial  School  for  Deaf  Mutes,  in  favor  of           .         .         .  1035 
New  Marlborough,  town  of,  conveyance  of  certain  property  to  the  Congre- 
gational Church  of   ........          .  314 

New  Salem,  town  of,  boundary  hne  between  Prescott  and    ....  310 

New  trials,  in  jury  cases,  relative  to  .......         .  490 

New  York,  New  Haven  &  Hartford  Railroad  Company,  provisions  affecting  513,  521, 

956,  1102 

report  of  the  assets  and  Habilities  of,  to  provide  for  printing         .         .  1060 

Newman,  John,  compensation  to  the  committee  to  investigate  the  suicide  of  1093 
Newton,  city  of,  to  be  reimbursed  for  maintaining  an  independent  industrial 

school 1061 

Newton  Home  for  Aged  People,  the  Stone  Institute  may  convey  its  property 

to 624 

Night,  carrying  of  lights  at,  by  certain  vehicles    ......  602 

Night  messenger  service,  relative  to  the  employment  of         ...          .  713 

Night-watch,  etc.,  in  the  state  house,  to  provide  for     .....  879 

Nomination,  of  candidates  for  state  offices,  to  be  by  direct  nomination  in 

primaries         ..........  570 

Nomination  papers,  relative  to  the  certification  of  names  on          .         .         .  981 

Nominations,  relative  to  signing  certificates  of     .          .          .          .          .          .  320 

Non-commissioned  oflicers,  of  the  mihtia,  law  relative  to,  amended        .         .  740 
Non-support,  of  wife  by  husband,  or  of  children  by  parents,  to  make  uniform 

the  law  relating  to    ........          .  439 

Norfolk  county,  county  commissioners  of,  to  make  repairs,  etc.,  in  a  certain 

bridge  over  Weymouth  Fore  river       ......  183 

to  establish  the  salary  of  the  assistant  register  of  probate  of         .          .  870 
to  pay  part  of  expense  of  constructing  a  bridge  over  Weymouth  Back 

river        ...........  941 

tax  granted  for       ..........  1049 

Normal  school,  in  Boston,  relative  to  estabhshing         .....  1079 

at  Fitchburg,  fire  protection  at          ......          .  1034 

purchase  of  land  for     ........          .  1092 

Normal  schools,  appropriations  for  the  support  of         ....          .  865 

North  Attleborough,  town  of,  may  borrow  money  for  securing  a  location  for  a 

certain  electric  railroad  company        ......  150 


1506 


Index. 


North  Attleborough,  town  of,  preservation  of   a  boundary  mark  between 
Plainville  and  ........ 

North  Brookfield,  town  of,  boundary  hne  between  New  Braintree  and   . 

boundary  line  between  West  Brookfield  and       .... 
North  Hanover  Firemen's  Association,  incorporated     .... 
North  metropolitan  sewerage  system,  to  provide  for  an  outlet  for  the  sewage 
of  the  cities  of  Everett  and  Maiden  into      .... 

appropriation  for    ......... 

North  Reading,  town  of,  the  town  of  Danvers  may  distribute  electricity  in 
North  Reading  sanatorium,  appropriations  for     ..... 

improvements  at     ........  . 

North  station,  relative  to  the  removal  of  the  elevated  structure  between 
Sullivan  square  and  ....... 

North  and  south  union  stations  in  Boston,  relative  to  the  suburban  express 
offices  at  ......... 

Northampton,  city  of,  in  favor  of       ......         . 

Northampton  School  of  Industries,  appropriation  for  the  maintenance  of 
Northampton  state  hospital,  appropriation  for     .         .         . 

improvements  at     ........         . 

Norton,  town  of,  water  supply  for  a  part  of         ....         . 

Norton  Fire  District,  established        ....... 

Norton  Water  Company,  provision  affecting        ..... 

Norwood,  town  of,  water  supply  for  ....... 

Notary  public,  Clark,  Walter  W.,  acts  confirmed  .  . 

Holzman,  Augustus,  acts  confirmed  ...... 

Stiles,  Harry  J.,  acts  confirmed  ...... 

Notice,  of  right  of  appeal,  in  cases  of  neglected  children 

Notices,  of  intention  of  marriage,  law  relative  to,  amended 

Nursery  inspector,  state,  authority  of         .....         . 

Nursery  stock,  importation  of    .......  . 

Nurses,  towns  may  appropriate  money  for  the  employment  of 

army,  of  the  civil  war,  memorial  to  . 

in  certain  institutions,  to  provide  for  the  instruction  of 


PAGE 

1053 

291 

291 

32 

505 

860 

82 

599 

1080 

1057 

1073 

1064 

1064 

862 

1102 

415 

415 

416 

580 

1036 

1033 

1078 

131 

938 

1082 

1082 

64 

1036 

777 


o. 

October,  twelfth  day  of,  included  in  the  list  of  holidays         ....  106 

Officials,  of  the  commonwealth,  relative  to  expenditures  by  .  .  .  .  1031 
Old  Colony  Railroad  Company,  may  construct  and  maintain  an  extension  to 

a  certain  branch  of  its  road        .......  313 

Old  Colony  Street  Railway  Company,  may  sell  and  convey  its  property,  etc., 

to  the  Boston  and  Northern  Street  Railway  Company         .          .  275 

Old  Colony  Trust  Company,  to  be  merged  with  certain  other  trust  companies  99 

Olin,  William  M.,  secretary  of  the  commonwealth,  resolutions  on  the  death  of  1110 

Omitted  assessments  of  taxes,  time  of  making      ......  69 

Onota  lake,  the  city  of  Pittsfield  may  take  water  from          ....  392 

Open  air,  relative  to  fires  in       ........         .  200 


Index. 


1507 


P. 

Pages,  of  the  general  court,  additional  compensation  for 
Paid  up  insLU-ance,  relative  to   . 

Paint,  etc.,  analyses  of,  to  be  made  by  the  board  of  health   . 
Panama  exposition,  appointment  of  a  commissioner  on 
Parcels  Post  system,  resolutions  relative  to  the  establishment  of 
Pardons  granted  in  1910  . 

Parents,  etc.,  abandonment  of  children  by,  law  relative  to,  amended 
Parker  Hill,  to  provide  for  an  investigation  as  to  making  it  a  part  of  the  met- 
ropolitan park  system       ..... 

Parole,  release  of  certain  prisoners  on,  relative  to 
Part-time  schooling,  for  working  children,  to  provide  for  an  investigation  on 
the  subject  of  ....... 

Partnerships,  certain,  taking  of  deposits  by  .... 

Partridge,  gray,  European  or  Hungarian,  protection  of 
Passenger  trains,  on  railroads,  to  be  furnished  with  drinking  water 
Passengers,  liabiUty  for  the  safety  of,  by  common  carriers     . 
Patients,  in  hospitals,  etc.,  for  the  insane,  to  regulate  the  restraint  of 

in  certain  institutions,  to  provide  for  the  instruction  of 
Pauper  children,  relative  to  the  care  of       ....         . 
Payment  of  wages,  by  certain  manufacturing  corporations,  etc.     . 
Peabody,  town  of,  relative  to  town  meetings  in   . 

may  extend  its  water  supply  system  .... 

relative  to  procuring  a  water  supply  for    .... 
Pemberton  Point,  taking  of  flounders,  etc.,  in  the  vicinity  of 
Penikese  hospital,  appropriation  for   . 

improvements  at     .......         . 

Pensions,  annuities  and,  to  employees  of  cities  and  towns,  law  relative  to  a  retire 
ment  system  for  the  payment  of,  amended 

to  prison  officers,  etc.,  relative  to      . 

for  the  district  poUce,  to  provide  for 

Personal  property,  held  upon  trust,  law  relative  to  the  taxation  of,  amended 

Peru,  town  of,  the  Dalton  Fire  District  may  take  water  from  a  certain  brook, 

etc.,  in    .......         . 

relative  to  the  boundary  Une  between  Hinsdale  and    . 
Petersburg,  Virginia,  representation  of  the  commonwealth  at  the  dedication 
of  the  monument  at  ....... 

resolutions  relative  to  the  gift  of  a  site  for  a  mihtary  monument  at 
Petit  larceny,  law  relative  to,  amended        .         .         .         . 
Petroleum,  crude,  appointment  of  inspectors  of    . 

Pharmacy,  board  of  registration  in,  appropriations  for  ... 

Pig  Rock,  taking  of  flounders,  etc.,  in  the  vicinity  of    . 
Pigeons,  homing,  protection  of  . 
Pine  Hill  cemetery,  in  the  town  of  Chester,  marking  and  care  of  the  grave  of 

Valentine  Reudgen  in        ....         . 
Pistols,  etc.,  relative  to  the  unlicensed  carrying  of 


1508 


Index. 


Pistols,  etc.,  relative  to  the  carrjdng  of,  concealed 
Pittsfield,  city  of,  may  borrow  money  for  sewerage  purposes 

additional  water  supply  for      ...... 

may  borrow  money  for  improving  its  water  works 

may  take  land  for  water  purposes     ..... 

charter  revised        ........ 

Plainville,  town  of,  preservation  of  a  boundary  mark  between  North  Attle- 
borough  and   ........ 

Pleasant  street,  in  Boston,  to  provide  for  widening       .... 

Plymouth,  town  of,  to  confirm  the  election  of  certain  officers  in     . 

completion  and  furnishing  of  certain  county  buildings  in     . 

may  purchase  shares  of  the  capital  stock,  etc.,  of  certain  railway  com 
panics     .......... 

Plymouth  county,  may  expend  certain  sums  in  completing,  etc.,  buildings  in 
the  town  of  Plymouth       ...... 

to  pay  part  of  cost  of  constructing  a  bridge  over  Weymouth  Back  river 

tax  granted  for       ......... 

Plymouth  harbor,  appropriation  for  the  improvement  of 

Plymouth  and  Sandwich  Street  Railway  Company,  provisions  affecting 

may  temporarily  discontinue  the  operation  of  its  road 
Pole  and  wire  locations,  of  street  railway  companies,  law  relative  to,  amended 
PoUce,  chiefs  of,  of  certain  cities  and  towns,  to  extend  the  provisions  of  the 
civil  service  act  to    ......         . 

PoUce,  district,  appropriations  for       ...... 

may  grant  permission  for  exhibitions  in  churches,  halls,  etc. 

to  establish  the  salaries  of  the  female  members  of 

to  estabhsh  the  salaries  of  certain  stenographers  and   clerks  in  the 
department  of  ......... 

appointment  of  additional  members  of  the  inspection  department  of 

to  establish  the  salary  of  the  chief  inspector  of  the  boiler  inspection 
department  of  ......... 

to  provide  for  additional  members  of  the  boiler  inspection  department 
of  ...........         . 

to  enforce  the  provisions  of  the  law  relative  to  employment  in  the 
night-messenger  service  .  ....... 

duties  of  the  boiler  inspection  department  of,  relative  to   Hcensing 
operators  of  hoisting  machinery  ...... 

to  provide  pensions  for    ......... 

duties  of,  relative  to  supervising  the  business  of  making  small  loans    . 
Police  court,  of  Lynn,  relative  to        .......  . 

of  Springfield,  appointment  of  an  assistant  female  probation  officer  for 
Police  courts,  to  extend  the  jurisdiction  of,  in  criminal  cases 

to  provide  for  the  retirement  of  justices  of  ....  . 

Police  departments,  vacation  of  members  of         ....  . 

Policies,  of  fire  insurance,  appointment  of  referees  for  adjusting  losses  under 
Political  advertisements,  relative  to  certain  ..... 

PoUtical  parties,  law  relative  to  caucuses  of,  amended 


PAGE 

568 
101 
392 
466 
603 
892 

1053 
611 

102 
790 

74 

790 
941 

1038 
273 

74,75 
381 
432 

450 

86 

431 

569 

584 
640 

645 

645 

713 

783 

800 

882 

406 

457 

.   131 

.   856 

157,  689 

.   391 

.   410 

.   937 


Index. 


1509 


on  parole 


Polling  places,  for  caucuses,  law  relative  to,  amended  .... 

Polytechnic  Institute,  the  Worcester,  appropriation  for 

Post  mortem  examination,  of  bodies  of  persons  electrocuted,  to  provide  for 

Potatoes,  relative  to  the  weight  of  a  barrel  of      ....         . 

Power  companies,  relative  to     .......         . 

Power  meters,  cash-recording,  responsibiUty  for  loss  by  fire  of  money  deposited 
in  ..........         . 

Powow  river,  expense  of  maintaining  a  certain  bridge  over    . 
Precincts,  holding  of  caucuses  by       ......         . 

Premiums,  on  securities  purchased  for  the  Massachusetts  School  Fund,  appro 
priation  for      ......... 

Prescott,  town  of,  boundary  line  between  New  Salem  and     . 
Primaries  and  elections,  law  relative  to,  amended         .... 

Primary  law,  Bo-called       ......... 

Printing  and  binding  public  documents,  etc.,  appropriations  for     .  . 

Prison,  reformatory,  maintenance  of  a  department  for  defective  delinquents 
at  ..... 

salaries  of  watchmen  in 
removal  of  insane  prisoners  from  . 
appropriations  for 
reformatory,  for  women,  name  changed 
state,  relative  to  the  release  of  certain  prisoners  from, 
to  establish  the  salary  of  the  deputy  warden  of 
salaries  of  the  watchmen  in 
appropriations  for 
to  provide  for  new  boilers,  etc.,  at 
Prison  camp  and  hospital,  trespassing  on  lands  of 
appropriations  for  .... 

to  provide  for  laundry  machinery  at 
Prison  commissioners,  may  grant  special  permits  to  be  at  liberty  from  the  state 
prison     ..... 

appropriations  for  .... 

to  make  an  examination  as  to  the  best  methods  of  treatment,  etc. 

of  prisoners  afflicted  with  epilepsy,  etc. 
to  report  a  plan  relative  to  prison  industries 
Prison  industries,  to  provide  for  a  plan  relative  to 
Prison  officers,  retired,  appropriations  for  the  compensation 

relative  to  retiring  and  pensioning    . 
Prison  premises,  to  provide  storage  faciUties  on  certain 
Prisoners,  relative  to  the  work  of,  etc. 

release  of  certain,  on  parole,  relative  to 
insane,  removal  of,  from  certain  institutions 
afflicted  with  epilepsy,  etc.,  treatment  of,  etc.    . 
Prisons,  etc.,  relative  to  the  inspection  of    . 
Private  hospitals,  etc.,  to  regulate  the  restraint  of  patients  in 
Probate  court,  county  of  Middlesex,  additional  court  officer  for 
Probate  courts,  change  of  names  of  persons  decreed  by 


of 


1510 


Index. 


Probate  and  insolvency,  registers  of,  law  relative  to,  amended 

to  establish  minimum  salaries  of  judges  and  registers  of 
Probation,  commission  on,  appropriations  for       ..... 
Probation  officers,  law  relative  to,  amended         ..... 

female  assistant,  relative  to      ......  . 

Proceedings,  for  punishment  for  the  violation  of  injunctions,  relative  to 
Production,  etc.,  of  commodities  in  common  use,  regulated  ... 
Prosecutions,  for  selling  adulterated  food  or  drugs         .... 

Province  laws,  appropriations  for  continuing  the  pubhcation  of 
Provincial  state  house,  appropriation  for  the  maintenance  of 
Prudential  insurance  policies,  relative  to  the  cash  surrender  value  of  certain 
Public  accountants,  certified,  relative  to      .....  . 

Pubhc  documents,  report  of  the  insurance  commissioner,  relative  to 

report  of  the  gas  and  electric  light  commissioners,  relative  to 

report  of  the  trustees  of  the  hospitals  for  consumptives,  additional  cop 
ies  to  be  printed       ........ 

certain  statements  to  be  published  in         ....  . 

to  increase  the  edition  of  the  report  of  the  commissioner  of  public  records 

printing  and  binding  of,  etc.,  appropriations  for 
PubUc  employees,  to  constitute  eight  hours  a  day's  work  for 
Public  health,  in  the  valley  of  the  Neponset  river,  protection  of    . 
Public  institutions,  taxes  on  land  used  for,  reimbursement  of  cities  and  towns 
for  loss  of         ........  . 

Public  Hbrary  system,  to  enlarge  the  usefulness  of        ...         . 

Pubhc  lodging  houses,  in  certain  cities,  to  regulate       .... 

Pubhc  records,  commissioner  of,  appropriations  for       .... 

printing  additional  copies  of  report  of        ....  . 

PubUc  schools,  instruction  in,  relative  to  the  apphcation  of  surgical  remedies 

relative  to  attendance  upon     ....... 

relative  to  a  retirement  allowance  for  certain  teachers  in 

to  provide  for  an  investigation  of  methods  for  tha  support  of    . 

Punishment,  of  robbery,  law  relative  to,  amended         .... 

of  persons  who  attempt  to  commit  crimes,  certain  law  relative  to,  repealed 
for  embezzlement,  law  relative  to,  amended      .... 
for  the  violation  of  injunctions,  relative  to  proceedings  for 

Purchase  of  paper,  etc.,  appropriations  for  ..... 


PAGE 

26 
791 

49 

25 

8 

309 

491 

250 

880 

272 

329 

60 

37 

253 

434 

520 

1032 

876 
482 
780 

468 
110 
100 

776 
1032 

208 

229 

1055 

1065 

62 

100 

162 

309 

876 


Q. 

Quahaugs,  etc.,  planting  and  cultivating,  in  the  town  of  Barnstable 

Quail,  relative  to  the  hunting  and  possession  of   . 

Quannapowitt  Lake,  relative  to  the  construction  of  a  boulevard  around 

Quartermaster  general,  of  the  militia,  appropriations  for 

Quincy,  city  of,  may  make  an  additional  sewer  loan     .... 

relative  to  the  holding  of  property  by  the  Trustees  of  the  Thomas 
Crane  Public  Library  of    .....••  • 


488" 

320 

1090 

797 

42 

73 


Index.  1511 

PAGE 

Quincy,  city  of,  completing  and  furnishing  a  building  for  the  district  court 

of  East  Norfolk  at 164 

repairs,  etc.,  of  a  certain  bridge  over  Weymouth  Fore  river  in      .         .  183 

authority  of  the  board  of  health  of  .          .          .         .          .         .         .  259 

may  borrow  money  for  water  supply  purposes  .         .         .         .         .  434 

taking  of  land  in,  for  a  building  for  the  district  court  of  East  Norfolk  556 

development  of  the  water  front  of     .          .          .          .          .          .          .  872 

construction  of  a  bridge  over  the  tracks  of  the  New  York,  New  Haven 

and  Hartford  Railroad  Company  in   .         .         .         .         .         .  1102 

Quinsigamond  lake,  relative  to  the  taking  of,  as  a  state  reservation        .         .  521 

R. 

Rabbits,  hares  and,  protection  and  sale  of  .         .         .         .         .         ,         .91 

Railroad  commissioners,  may  employ  a  certain  engineer        ....       162 

duties  of,  relative  to  the  joint  use  of  tracks  by  street  railway  companies       476 
relative  to  the  appointment  of  railroad  inspectors  by  .         .         .       855 

appropriations  for  .  .         .         .         .      ■    .         .         .         .         .       974 

to  increase  the  powers  of  ........     1022 

to  investigate  the  question  of  the  construction  of  a  teaming  tunnel 

vmder  Boston  harbor         ........     1051 

to  investigate  the  subject  of  the  east  and  west  tunnel  and  subway  in 

Boston 1054 

to  investigate  the  matter  of  the  equipment  of  street  railway  cars  .     1067 

to  investigate  the  question  of  accommodation  of  express  offices  at  railroad 

stations  ..........     1073 

to  investigate  the  question  of  constructing  a  highway  bridge  over 

Matthews  street  in  Chelsea        .  .         .         .         .         .         .     1075 

to  investigate  the  subway  and  transportation  system  of  the  city  of 

Boston 1084 

Railroad  corporations: 

Boston  and  Albany,  provisions  affecting    ....         389,  521,  956 

Boston  and  Eastern  Electric;  relative  to    .  .  .  .  .  .       593 

East  Boston  Marginal  Freight,  incorporated       .....       630 

New  York,  New  Haven  and  Hartford,  provisions  affecting  513,521,  956,  1102 

Old  Colony,  may  construct  an  extension  to  a  certain  branch  of  its  road       513 

Railroad  corporations,  operation  of  street  railway  cars  over  the  tracks  of       .      251 

448 
497 
560 


operating  trains  in  the  Hoosac  tunnel,  supply  of  electricity  to     . 

relative  to  season  tickets  issued  by  ..... 

employment  of  locomotive  engineers  by,  etc.      .... 

to  provide  for  an  investigation  concerning  the  issue  of  commutation 
tickets  by        ........         . 

Railroad  and  railway  inspectors,  relative  to  the  appointment  of     . 
Railroads,  passenger  trains  on,  to  be  furnished  with  drinking  water 


Railway  transportation  facilities,  in  the  city  of  Boston  and  vicinity,  relative  to  955 
Raynham,  town  of,  the  city  of  Taunton  may  supply  water  to  .  .  .  296 
Reading,  town  of,  relative  to  the  municipal  lighting  plant  in  .         .         .       607 


1089 
855 
480 


1512 


Index. 


Real  Estate  and  Building  Association,  the  Wakefield,  to  extend  the  charter  of 
Receipts  and  expenditures,  county,  estimates  of  .... 

Recognizances,  fees  for  the  taking  of  ...... 

Record,  of  Massachusetts  soldiers  and  sailors,  appropriation  for  the  pubhca 
tion  of    .........         . 

of  soldiers,  etc.,  who  served  in  the  Spanish- American  war,  preparation  of 
Records,  public,  commissioner  of,  appropriations  for    .... 

printing  additional  copies  of  report  of        ....  . 

Recovery  of  damages,  for  certain  cases  of  injury  resulting  in  death 

for  injuries,  etc.,  relative  to  commencing  actions  for  . 

for  conscious  suffering  in  cases  of  injury    ..... 
Referees,  for  adjusting  losses  under  policies  of  fire  insurance,  appointment  of 
Reformatories,  etc.,  relative  to  the  inspection  of  .... 

Reformatory  expenses,  appropriations  for   . 
Reformatory  prison;  salaries  of  watchmen  in        ....         . 

maintenance  at,  of  departments  for  defective  delinquents    . 

removal  of  insane  prisoners  from       ...... 

appropriations  for  ......... 

Reformatory  prison  for  women,  name  changed     ..... 

Reformatory  for  women,  title  established    ...... 

maintenance  at,  of  departments  for  defective  dehnquents    . 

removal  of  insane  prisoners  from       ...... 

appropriations  for  ......... 

Reformatory  schools,  juvenile,  use  of  solitary  confinement  rooms  in 
Registers  of  deeds,  law  relative  to,  amended         ..... 

Registers  of  probate  and  insolvency,  law  relative  to,  amended 

to  establish  minimum  salaries  of       .....  . 

Registrars  of  voters,  certain  meetings  of      .....  . 

Registration,  in  dentistry,  board  of,  appropriations  for 

hunters'  certificates  of,  law  relative  to,  amended 

relative  to  ......... 

of  carriers  of  intoxicating  liquors,  law  relative  to,  amended 

in  medicine,  board  of,  appropriations  for  ..... 

in  pharmacy,  board  of,  appropriations  for  .... 

in  veterinary  medicine,  board  of,  examination  of  appUcants  by    . 
appropriations  for        .  ....... 

Release,  of  certain  prisoners  on  parole,  relative  to         ...         . 

Relief  Fund,  Boston  Firemen's,  distribution  of    . 

law  relative  to,  amended  ....... 

Religious  societies: 

Congregational  Church  of  New  Marlborough,  conveyance  of  certain 
property  to      .........  . 

Congregational  Church  of  Topsfield,  may  hold  funds  now  held  by  the 
Trustees  of  the  Bixby  Donation  Farm         .         .         .  .         . 

First  Baptist,  in  Chelsea,  disposition  of  the  real  estate  of    . 

St.  George's  Episcopal  Church  of  Lee,  the  wardens  and  vestrymen  of, 
may  hold  certain  property  in  trust     ...... 


PAGE 

10 
434 
115 

374 

1036 

776 

1032 

22 
133 
727 
391 
238 
863 
561 
617 
627 
867 
136 
136 
617 
627 
864 
222 

26 

26 
791 
981 

51 
192 
636 
411 
728 
729 
150 
728 
436 

70 
103 


314 

123 
605 

215 


Index. 


1513 


Religious  societies  —  concluded.  page 

Third  Congregational,  in  Cambridge,  may  convey  certain  property      .  17 
Trustees  of  the  First  Congregational  Church  in  Deerfield,  may  sell  a 

certain  lot  of  land    .........  777 

Removals,  etc.,  from  the  civil  service,  relative  to          .....  688 

of  inmates  of  certain  institutions       .......  295 

Report,  of  the  director  of  the  bureau  of  statistics,  on  financial  statistics  of 

cities  and  towns,  relative  to       .......  55 

of  the  gas  and  electric  Ught  commissioners,  relative  to         .         .         .  253 
on  the  sanitary  condition  of  the  Charles  river  reservation,  extending 

the  time  for  maldng           ........  196 

of  the  trustees  of  hospitals  for  consumptives,  to  provide  for  printing 

additional  copies  of            ........  434 

of  commission  on  investigation  of  employment  agencies,  etc.,  extending 

the  time  for  the  filing  of 1031,  1078 

of  the  commissioner  of  public  records,  printing  additional  copies  of           .  1032 
on  the  investigation  of  the  inspection  of  factories,  etc.,  to  extend  the 

time  for  making        .........  1033 

on  retirement  systems  for  certain  public  employees,  publication  of        .  1034 
of  assets  and  liabilities  of  the  New  York,  New  Haven  and  Hartford 

Railroad  Company,  to  provide  for  printing          ....  1060 

of  the  director  of  the  bureau  of  statistics,  on  debts  of  cities  and  towns, 

to  provide  for  printing       ........  1060 

of  a  plan  for  the  more  definite  supervision  of  educational  institutions, 

to  provide  for  making        ........  1062 

on  the  subject  of  the  maintenance  of  textile  schools,  to  provide  for 

making   ...........  1062 

on  the  matter  of  part-time  schooling  for  working  children,  to  provide 

for  making       ..........  1062 

of  the  commission  to  investigate  the  question  of  the  increase  of  criminals, 

etc 1101 

Reports,  of  the  insurance  commissioner,  relative  to       .         .         .         .         .37 

Reports,  false,  to  commissions,  etc.,  penalties  for          .....  137 

Representatives,  in  general  court,  list  of  members  of,  for  1911    .         .          .  1304 

Reservation,  state,  relative  to  the  taking  of  Lake  Quinsigamond  as  a     .          .  521 

the  Mount  Everett,  to  provide  for  acquiring  additional  land  for  .          .  1087 
the   Mount   Sugar  Loaf,   to  provide  for  purchasing  additional  land 

for 1088 

Reservations,  appropriation  for  giving  band  concerts  in         .         .         .         .611 

appropriations  for  the  care  of  .         .         .         .         .         .         .         .  786 

Reserve,  of  liability  companies,  to  increase           ......  268 

Reserves,  for  weekly  payment  life  insurance  policies,  relative  to     .  .  .40 

Resolutions,  on  the  character  of  Charles  Sumner           .....  1109 

on  the  reciprocal  interchange    of    commodities  between  the  United 

States  and  Canada  .........  1109 

relative  to  the  establishment  of  a  parcels  post  system  .         .         .1110 

on  the  death  of  William  M.  Olin,  secretary  of  the  commonwealth          .  1110 


1514: 


Index. 


PAGE 


Resolutions,  relative  to  the  gift  of  a  site  for  the  memorial  monument  at  Peters 
burg,  Virginia  ........ 

of  sympathy  with  certain  members  of  the  house  of  representatives 
on  the  deatli  of  Henry  E.  Turner,  auditor  of  the  commonwealth 

Restraint,  of  patients,  in  hospitals  for  the  insane,  to  regulate 

Retired  veterans,  appropriation  for  compensation  of     . 

Retirement,  of  certain  veterans  in  the  city  of  Boston,  relative  to  . 

of  the  justices  of  the  municipal  court  of  Boston,  to  provide  for 
of  members  of  the  fire  department  of  the  city  of  Fall  River 
of  laborers  in  the  city  of  Boston,  to  provide  a  fund  for 
of  veterans  in  the  service  of  the  city  of  New  Bedford 
of  justices  of  the  superior  court,  relative  to         .         .  . 

of  prison  officers,  etc.,  relative  to      ....  . 

of  justices  of  district,  municipal  and  police  courts,  to  provide  for 
of  certain  veterans  in  the  service  of  the  city  of  Maiden 

Retirement  allowance,  for  certain  teachers  in  the  public  schools,  relative  to 

Retirement  system,  for  employees  of  the  commonwealth,  to  establish 
for  employees  of  the  counties,  to  establish 
for  employees  of  cities  and  towns,  law  relative  to,  amended 
for  certain  public  employees,  publication  of  a  report  on 

Returns,  of  inventories  of  certain  state  institutions,  relative  to 

of  commissioners  of  insolvent  estates  of  deceased  persons,  notice  of,  to 
be  given  to  creditors  ...... 

by  assessors,  of  municipal  assets,  etc.         .... 

of  caucuses,  relative  to  the  making  of        ...  . 

to  the  tax  commissioner,  law  relative  to,  amended 

Returns,  relative  to  acceptance  or  rejection  of  certain  questions  submitted 
to  cities  and  towns,  etc.   ...... 

Reudgen,  Valentine,  marking  and  care  of  the  grave  of 

Revere,  town  of,  appointment  of  a  reserve  police  force  in 

powers,  etc.,  of  the  water  commissioners  of         .  .  . 

may  use  part  of  a  burial  ground  for  a  public  way 

certain  purchasesand  taking  of  land  in,  and  the  construction  of  a  highway 

relative  to  a  parkway  between  the  town  of  Winthrop  and   . 

Revised  Laws,  tables  showing  changes  in  . 

Revolvers,  relative  to  the  unlicensed  carrying  of  .         .  . 

relative  to  the  carrying  of,  concealed         .... 

Rhode  Island,  the  city  of  Woonsocket  in,  may  supply  water  to  the  town  of 
Blackstone       ........ 

Rifle  ranges,  to  provide  for  an  investigation  of     . 

Roaring  brook,  the  city  of  Pittsfield  may  take  water  from     . 

Robbery,  punishment  of,  law  relative  to,  amended 

Robbins  Farm,  in  Walpole,  to  be  taken  and  held  by  the  board  of  charity 

Roche,  Thomas  P.,  restoration  of,  to  a  position  in  the  street  department  of  the 
city  of  Boston  ........ 

Rockland,  town  of,  may  appropriate  money  for  an  anniversary  celebration 
filing  of  certificates  of  nomination,  etc.,  by         ...  . 


Index. 


1515 


Rockland,  town  of,  the  town  of  Hanover  may  procure  water  from 

Roxbury  district,  municipal  court  of  Boston,  probation  officers  in 

Roxbury  Historical  Society,  the  Joseph  Warren  Monument  Association  may 

transfer  its  property  to      . 
Ruffed  grouse,  etc.,  relative  to  . 
Russellville  Cemetery  Association,  incorporated  . 
Rutland  sanatorium,  support  of  certain  inmates  of 

appropriations  for  . 

improvements  at    . 


PAGE 

868 
89 

80 
194 
236 
386 
599 
1083 


s. 

Sagamore  Water  Company,  relative  to        ......         .  107 

Salaries: 

of  the  cashier  in  the  department  of  the  sergeant-at-arms     ...  43 

of  the  assistant  register  of  probate,  etc.,  county  of  Worcester       .         .  55 

doorkeepers,  messengers,  etc.    .          .          ...          .          .          .          .  88 

assistant  clerk  of  courts,  Hampden  county         .  .  .  .  .130 

clerk  of  the  board  of  poUce  of  Fall  River  ......  137 

of  the  court  officer  in  the  municipal  court  of  the  West  Roxbury  district  219 

in  the  office  of  the  insurance  commissioner,  relative  to         ,          .          .  252 

of  clerks  of  courts,  etc.,  readjustment  of    .          .          .          .          .          .  258 

of  an  assistant  clerk  of  courts,  county  of  Middlesex    ....  371 

of  assistant  registers  of  probate,  etc.,  county  of  Suffolk        .         .         .  433 

of  the  deputy  warden  of  the  state  prison  ......  450 

of  district  attorneys,  relative  to         ......          .  474 

of  the  court  officer  of  the  county  of  Worcester  .....  275 

of  watchmen  in  the  state  prison  and  in  the  Massachusetts  reformatory  561 

of  the  female  members  of  the  inspection  department  of  the  district  police  569 

of  stenographers  and  clerks  in  the  department  of  the  district  police      .  584 
of  the  chief  inspector  of  the  boiler  inspection  department  of  the  district 

police      ....         .         .         .         .         .         .         .         .  645 

of  judges  and  registers  of  probate  and  insolvency        .  .  .  .791 

of  the  assistant  clerks  of  the  senate  and  house  of  representatives           .  799 

of  teachers  of  the  pubhc  schools  of  Boston          .....  868 

of  the  assistant  register  of  probate,  county  of  Norfolk          .          .          .  870 

of  the  justices  of  the  supreme  judicial  and  superior  courts  .          .          .  975 

Sale,  of  adulterated  food  or  drugs,  prosecutions  for       ....          .  250 

of  cocaine,  law  relative  to,  amended           ......  312 

of  commercial  fertiUzers,  to  regulate           ......  375 

of  commodities  in  common  use,  regulated  .  .  .  .  .491 

of  hares  and  rabbits,  relative  to         .......  91 

of  intoxicating  liquors  to  hospital  patients,  prohibited          ...  22 

of  kosher  meat,  relative  to       .......         .  288 

of  turpentine,  relative  to           ........  223 

of  vinegar,  to  regulate     .          .          ...          .          .          .          .          .  623 

Salem,  city  of,  relative  to  procuring  a  water  supply  for         ...         .  1057 


1516 


Ikdex. 


Salem,  city  of,  relative  to  the  Essex  bridge  between  Beverly  and 
Salisbury,  town  of,  construction  of  a  highway  in 

San  Francisco,  Panama  exposition  at,  appointment  of  a  commissioner  of 
Sanatorium,  the  Lakeville,  appropriations  for 

improvements  at  .... 

water  supply  for  .... 

the  North  Reading,  appropriations  for 
improvements  at  .         .         .         . 

the  Rutland,  improvements  at  .       ,  . 

care  of  certain  inmates  of     . 
appropriations  for         .... 

the  Westfield,  appropriations  for 

improvements  at  .... 

Sanatoriums,  etc.,  to  regulate  the  restraint  of  patients  in 

Sanborn,  Charles  H.,  relative  to  the  suit  of,  against  the  city  of  New  Bedford 

Sandwich,  town  of,  may  purchase  shares  of  the  capital  stock,  etc.,  of  certain 

railway  companies    .         .      ■   . 
Sandy  pond,  drawing  of  water  from    ...... 

Sanger,  William  H.,  assistant  clerk  of  the  senate,  salary  established 
Sanitary  stations,  construction  of       .....         . 

Saugus,  town  of,  to  establish  a  board  of  water  commissioners  in,  etc 

included  in  the  judicial  district  of  the  district  court  of  southern  Essex 
Saugus  river,  to  provide  for  the  reconstruction  of  Fox  Hill  bridge  over 
Savings  banks,  may  receive  deposits  from  school  children 

payment  of  deposits  in,  in  the  names  of  two  persons  . 
restrained  from  doing  business,  relative  to  the  taxation  of  . 
estabhshment  of  life  insurance  departments  by,  appropriation  for 
Savings  departments,  of  trust  companies,  taxation  of  deposits  in  . 
Scented  bait,  to  prohibit  trapping  with       ...... 

School  children,  deposits  in  savings  banks  by       ....  . 

School  of  Commerce  and  Finance,    of   the   Boston   Young    Men's   Christian 

Association,  may  grant  degrees 
School  committees,  supervision  of  sports  by 
School  halls,  relative  to  the  use  of      . 
School  teachers,  in  certain  high  schools,  to  be  certified  by  the  board  of  educa- 
tion        .......... 

obtaining  of  positions  by  ....... 

School  unions,  tenure  of  office  of  superintendents  of     . 

to  promote  the  permanence  of  superintendents  of       .         .         . 
Schoolhouses,  display  of  the  United  States  flag  on        ...         . 

Schooling  certificates,  age  and,  of  minors,  etc.      ..... 

Schools,  powers  and  duties  of  superintendents  of  .... 

evening,  attendance  at    . 

payment  of,  fee  for  instruction  in  ..... 

pubUc,  instruction  in,  relative  to  the  application  of  surgical  remedies 
etc.  .......... 

relative  to  attendance  upon 


Index. 


1517 


teach 


state 


Schools,  relative  to  a  retirement  allowance  for  certain  teachers  in 

to  provide  for  an  investigation  of  methods  for  the  support  of 

in  the  city  of  Boston,  relative  to  increasing  the  salaries  of  the 
ers  of      . 
Search  warrants,  for  hypnotic  drugs,  issuance  of 
Season  tickets,  of  railroad  corporations,  relative  to 
Secret  orders,  payment  of  benefits  by 
Secretary  of  the  commonwealth: 

appropriations  for  the  department  of 

relative  to  a  vacancy  in  the  office  of 

duties  of,  relative  to  the  direct  nomination  of  candidates  for 
offices,  etc 
Securities,  purchased  for  the  Massachusetts  School  Fund,  appropriation  for 

the  payment  of  premiums  on 
Senate,  to  establish  the  salary  of  the  assistant  clerk  of 

list  of  members  of,  for  1911 
Sergeant-at-arms,  relative  to  the  department  of  . 

appropriations  for  the  department  of 
Serial  bonds,  appropriations  for 
Settlements,  legal,  relative  to     , 
Sewage  disposal: 

Attleborough 

Braintree 

Everett 

Gardner 

Lexington 

Lynn     . 

Maiden 

Milford 

New  Bedford 

Pittsfield 

Quincy 

Stoneham 

Stoughton 

Swampscott 

Winthrop 
Shanley,  Philip  H.,  may  be  reinstated  in  the  street  department  of  the 
Boston    ......... 

Shawmut  branch,  of  the  Old  Colony  railroad,  extension  of    . 
Shelburne,  town  of,  improvement  of  a  highway  between  the  town  of  Green 
field  and  ....... 

Shelburne  Falls  Fire  District,  to  provide  a  water  supply  for 
Sherborn,  tow^n  of,  maintenance  of  a  high  school  by 
Sherwood  Forest,  Knights  of,  of  Massachusetts,  incorporated 
Shuttles,  suction,  in  factories,  to  prohibit  the  use  of 
Sinking  funds,  appropriations  for        ..... 

Slaughtering,  appointment  of  inspectors  of  .         .         . 


PAGE 

1055 
1065 

868 

359 

497 

85 

23 

254 

570 

409 

799 

1302 

43 

89 

120 

791 

425 

17 
505 

79 
151 
110 
505 
122 
101 
101 

42 
296 

62 
110 
167 
city  of 

254,  494 
.   513 


802 
742 
78 
34 
238 
120 
555 


1518 


Index. 


PAGE 

Small  loans,  to  regulate  the  business  of  making   ......       882 

Smith,  Ralph  N.,  assistant  clerk  of  courts  for  Middlesex  county,  salary  estab- 

Ushed 371 

Smith's  Agricultural  School,  in  Northampton,  appropriation  for  the  main- 
tenance of,       .........         .     1064 

Smoke,  abatement  of,  in  Boston  and  vicinity       ......  9 

Societies  (see  also  "  Religious  Societies  ") : 

the  East  Templeton  Village  Improvement,  may  maintain  a  memorial  hall      195 
the  Roxbury  Historical,  the  Joseph  Warren  Monument  Association 

may  transfer  its  property  to       .......         80 

Societies,  fraternal  benefit,  control  and  regulation  of    .  .         .         .  .       690 

Soldiers,  etc.,  appropriation  for  the  publication  of  a  record  of        .  .  .       374 

who  served  in  Spanish-American  war,  preparation  of  a  record  of  .     1036 

Soldiers'  Home,  in  Massachusetts,  appropriation  for    .         .         .         .         .       408 

in  favor  of     . '        .  .         .  .  .         .         .  .  .         .     1054 

Solitary  confinement,  in  juvenile  reformatory  schools,  to  prohibit  .         .       222 

Somerset,  town  of,  construction  of  a  bridge  over  Taunton  Great  river  between 

Fall  River  and 576,  603 

196 

1075 

127 

568 

128 

17 

858 

521 

406 

463 

1036 

55 

1133 

221 

262 

268 

1096 

220 

356 

496 

457 

130 

215 
983 
570 
80 
577 
617 


Somerville,  city  of,  may  construct  a  bridge  over  Alewife  brook 

South  Boston,  relative  to  a  change  in  the  location  of  the  reserved  channel  at 

South  Hadley,  town  of,  fiUng  of  certificates  of  nomination,  etc.,  by 

to  confirm  certain  acts  of  ......  . 

South  Hadley  Fire  District  Number  One,  certain  acts  of,  confirmed 
South  metropolitan  sewer,  extension  of,  to  the  town  of  Braintree  . 
South  metropoUtan  system  of  sewage  disposal,  appropriations  for 
South  Worcester  junction,  maintenance  of  a  passenger  station  at  . 
Southern  Essex,  district  court  of,  estabhshed        ..... 

to  provide  for  a  third  special  justice  for     . 
Spanish-American  war,  preparation  of  a  record  of  soldiers  who  served  in 
Special  assessments  on  tax  bills,  placing  of  ..... 

Special  messages  of  the  governor       ....... 

Specifications,  to  be  furnished  to  weavers,  etc.     ..... 

Speedy  trial,  of  certain  causes,  relative  to  .         .         .  . 

Sports,  supervision  of,  by  school  committees        .  .  .  .         . 

Spot  pond,  relative  to  damages  by  reason  of  the  taking  of    . 
Springfield,  city  of,  construction,  etc.,  of  buildings  in   . 

use  of  public  streets,  etc.,  in     . 

sale  of  intoxicating  liquors  in   . 

police  court  of,  appointment  of  an  assistant  female  probation  officer  for 
Squirrels,  gray,  protection  of      .....•■  . 

St.  George's  Episcopal  Church  of  Lee,  wardens  and  vestrymen  of,  may  hold 
certain  property  in  trust   ....... 

State  arsenal,  to  authorize  the  employment  of  a  watchman  at 

State  conventions,  holding  of     .......  . 

State  farm,  relative  to       ........         . 

appropriation  for  the  maintenance  of         ....  . 

maintenance  of  a  department  for  defective  deUnquents  at  . 


Index. 


1519 


State  farm,  trustees  of,  to  settle  the  claim  of  Cornelius  J.  Donovan  for  injuries 

State  fire  warden,  appointment  of    . 

State  Firemen's  Association,  appropriation  for     . 

State  forester,  appropriations  for         .... 

State  house,  to  provide  for  a  supervisory  night  watch  in 

repairing  the  pavement  of  the  archway  of 

relative  to  improving  the  present  method  of  Hghting,  heating,  etc 
State  infirmary,  relative  to  the  name  of 

appropriation  for    . 

improvements  at     . 
State  library,  appropriations  for  .  .  . 

State  nursery  inspector,  may  prohibit  the  delivery  of  nursery  stock,  etc. 
State  offices,  direct  nomination  of  candidates  for 
State  officers,  relative  to  providing  office  room  for 
State  officials,  etc.,  pubUcation  of  lists  of,  law  relative  to,  amended 
State  prison,  relative  to  the  release  of  certain  prisoners  from,  on  parole 

to  establish  the  salary  of  the  deputy  warden  of 

salaries  of  watchmen  in  . 

appropriations  for  .  .  .  . 

to  provide  for  new  boilers,  etc.,  at    . 
State  reservation,  relative  to  the  taking  of  Lake  Quinsigamond  as  a 
State  tax,  relative  to  the  apportionment  of  '         . 

apportioned  and  assessed  ...... 

State  and  military  aid,  appropriation  for     ..... 

State-aided  high  schools,  certification  of  teachers  in  . 
State-aided  vocational  education,  codification  of  the  laws  relating  to 
Statistics,  financial,  of  cities  and  towns,  report  on         .  .  . 

bureau  of,  duties  of  the  chief  clerk  of         ...  . 

employment  office  of,  extension  of  the  service  of 
appropriations  for         ....... 

to  provide  for  printing  a  report  of  the  director  of,  relative  to  debts 
of  cities  and  towns  .... 

"  relative  to  certain  duties  of  the  director  of 
Stenographers,  etc.,  in  the  department  of  the  district  police,  to  estabhsh  the 
salaries  of         ......  . 

Stiles,  Harry  J.,  notary  public,  acts  confirmed 
Stock,  of  mining  corporations,  listing  and  advertising  of  shares  of 
Stockholders  of  street  railway  companies,  relative  to  the  dissent  of,  in  certain 
cases       ......... 

Stockholders  and  directors  of  corporations,  relative  to  the  liability  of 
Stone  Institute,  may  convey  its  property  to  the  Newton  Home  for   Aged 
People     ...... 

Stone  walls,  etc.,  pulling  down  of        .  .  . 

Stoneham,  town  of,  protection  of  the  public  health  in 

may  borrow  money  for  sewerage  purposes 

relative  to  the  taking  of  Spot  Pond  in 
Storage  facilities,  on  certain  prison  premises,  to  provide  for 


1520 


Index. 


Storage  warehouses,  relative  to  the  storage  of  Uquors  in        .         .         . 
Stoughton,  town  of,  sewerage  system  for     ...... 

may  extend  its  water  system    ....... 

Street  railway  cars,  equipment  of       ......  . 

Street  railway  companies,  operation  of  cars  of,  over  tracks  of  railroad  corpora' 
tions       .......... 

use  of  headlights  on  the  cars  of         .....  . 

relative  to  the  dissent  of  stockholders  of,  in  cases  of  sale  or  consolidation 
joint  use  of  tracks  of       .......         . 

relative  to  pole  and  wire  locations  of         ....  . 

accommodations  provided  by,  word  defined        .... 

Street  railway  corporations: 

Berkshire,  may  sell  electricity  to  railroad  corporations  operating  trains 
in  the  Hoosac  tunnel         ........ 

Boston  Elevated  Railway  Company,  consolidation  of  the  properties 

and  franchises  of,  with  the  West  End  Street  Railway  Company 

Boston  and  Northern,  may  purchase  the  franchise  of  the  Old  Colony 

Street  Railway  Company  ...... 

provisions  affecting      ........ 

Boston  and  Providence  Interurban  Electric,  location  of,  in  the  town  of 
North  Attleborough  ....... 

Old  Colony,  the  Boston  and  Northern  Street  Railway  Company  may 
purchase  the  franchise  and  property  of        ...  . 

Plymouth  and  Sandwich,  provisions  affecting     .... 

may  temporarily  discontinue  a  part  of  its  road 
West  End,  may  be  consolidated  with  the  Boston  Elevated  Railway 
Company     .......... 

Subway  and  transportation  system,  in  Boston,  relative  to  the  improvement 

of 

Subways  and  tunnels  in  the  city  of  Boston,  relative  to  the  construction  of 

Suction  shuttles,  in  factories,  to  prohibit  the  use  of       . 

Sudbury,  town  of,  to  restore  certain  trust  funds  ..... 

Suffolk  county,  relative  to  mortuaries  in      . 

medical  examiner  of,  to  make  a  post  mortem  examination  of  the  bodies 

of  persons  electrocuted      . 
to  estabUsh  the  salaries  of  the  assistant  registers  of  probate,  etc.,  of 
apportionment  of  finances  and  expenses  of  .... 

to  provide  for  the  appointment  of  a  commission,  on  the  inferior  courts  of 
Sugar  Loaf  Mount  reservation,  to  provide  for  purchasing  additional  land  for 
Suits,  against  executors,  etc.,  relative  to      ......         . 

in  equity,  may  be  changed  to  actions  at  law       .  .  .         .  . 

in  the  superior  court  and  the  land  court,  transfer  of,  from  one  court  to 
the  other  .......... 

Sullivan  square,  relative  to  the  removal  of  the  elevated  structure  between 
the  North  station  and        ........ 

Summer  ducks,  wood  or,  protection  of         ......  . 

Sumner,  Charles,  resolutions  of  appreciation  of  the  character  of     . 


PAGE 

56,69 
62 
76 

1067 

251 

314 
322 
476 
432 
447 


448 

944 

275 
715 

150 

275 

74,75 

381 

944 

1084 
955 
238 
134 
215 

234 
433 
472 
1071 
1088 
114 
234 

423 

1057 

28 

1109 


Index. 


1521 


PAGE 

Superintendents  of  schools,  powers  and  duties  of  .....      433 

Superintendents  of  school  unions,  tenure  of  office  of     .  .  .  .  .       372 

to  promote  the  permanence  of  .  ...  ...  .  .       387 

Superior  court,  etc.,  executions  on  final  decrees  of         ....  .       240 

sitting  of,  at  Ware,  for  naturalization         ,  .  .  .  .  52,  473 

retirement  of  justices  of  .  .  .  .  ...  .  .  .       520 

transfer  of  suits  from,  to  the  land  court     ......       423 

to  increase  the  number  of  associate  justices  of    .  .  .  .  .       596 

to  increase  the  salaries  of  the  justices  of    .         .         .         .         .  .       975 

county  of  Essex,  sittings  of       .......  .       422 

county  of  Hampshire,  to  establish  sittings  of      .  .  .  .  .216 

county  of  Worcester,  appointment  of  an  officer  for     .         .         .         .       275 

fist  of  justices  of     .........         .     1320 

Supervisor  of  loan  agencies,  oflEice  of,  established  .....       882 

Supervisory  night  watch,  in  the  state  house,  to  provide  for  ....       879 

Supreme  judicial  court,  etc.,  appeals  and  removals  to,  and  executions  on  final 
decrees  of         ........  . 

to  increase  the  salaries  of  the  justices  of    . 

fist  of  justices  of     ........         . 

Sureties,  fees,  for  the  examination  of  . 

of  persons  held  in  custody  as  witnesses,  relative  to  deposits  in  lieu  of 
in  criminal  proceedings,  certain  insurance  companies  may  act  as 

Surgeon  general,  of  the  militia,  appropriations  for         .... 

Surgical  remedies,  instruction  as  to  the  application  of,  in  the  public  schools 

Surveyors,  of  highways,  election  of     ......  . 

Suspensions,  etc.,  from  the  civil  service,  relative  to       ...  . 

Swampscott,  town  of,  may  agree  with  the  city  of  Lynn  on  a  system  of  sewage 
disposal  .  . 

Swansea,  town  of,  erection  of  a  bronze  tablet  on  the  Myles  Garrison  House  in 


240 
975 
1320 
115 
122 
313 
776 
208 
173 
688 

110 
1034 


T. 

Tables,  showing  changes  in  the  Revised  Laws,  etc.      .....  1327 

Taunton,  city  of,  payment  of  certain  bonds  issued  by            ....  73 

may  supply  water  to  the  town  of  Raynham        .....  296 

the  county  of  Bristol  may  expend  certain  sums  for  the  law  library  at  .  559 
Taunton  Great  river,  construction  of  a  bridge  over,  between  Fall  River  and 

Spmerset  .........        576,  603 


Taunton  state  hospital,  appropriations  for  . 
Tax,  county: 

Barnstable 

Berkshire 

Bristol  . 

Dukes  County 

Essex    . 

Franklin 

Hampden 


859 

1041 
1042 
1043 
1044 
1045 
1046 
1047 


1522 


Index. 


Tax,  county  —  concluded.  page 

Hampshire     ...........  1052 

Middlesex 1037 

Norfolk 1049 

Plymouth 1038 

Worcester       ...........  1050 

Tax,  state,  relative  to  the  apportionment  of        .....         .  354 

apportioned  and  assessed          ........  1012 

Tax  bills,  placing  of  special  assessments  on           ......  55 

Tax  collectors,  law  relative  to  deeds  given  by,  amended        ....  358 

Tax  commissioner,  to  investigate  the  question  of  certain  voluntary  associations 

doing  business,  etc.  .........  1058 

relative  to  information  filed  with, in  connection  with  taxes  on  legacies, etc.  327 

law  relative  to  returns  to,  amended            ......  367 

appropriations  for  the  department  of         .....          .  597 

to  make  an  investigation  of  the  subject  of  the  taxation  of  foreign  cor- 
porations         ..........  1103 

Taxation,  of  deposits  in  saving  departments  of  trust  companies     .         .         .  299 
of  personal  property  held  upon  trust,  law  relative  to,  amended    .          .371 

of  legacies  and  successions,  law  relative  to,  amended  ....  490 

of  savings  banks  restrained  from  doing  business,  relative  to          .         .  644 
of  wild  or  forest  lands,  proposed  amendment  to  the  constitution  rela- 

"tive  to 1106 

Taxes,  omitted  assessments  of,  time  of  making    ......  69 

abatement  of,  for  the  suppression  of  moths         .....  198 

on  legacies  and  successions,  relative  to       .....          .  327 

on  land  used  for  public  institutions,  reimbursement  of  cities  and  towns 

for  loss  of 355,  468 


Teachers,  school,  obtaining  of  positions  by  ..... 

in  the  public  schools  of  Boston,  relative  to  increasing  the  salaries  of 
Technology,  the  Massachusetts  Institute  of,  appropriation  for 

in  favor  of      .........  . 

Telephone  and  telegraph  companies,  appropriations  for  the  supervision  of 
Tewksbury,  town  of,  relative  to  a  water  supply  for       .... 

Tewksbury  Water  Company,  incorporated  ..... 

Textile  School,  The  Bradford  Durfee,  additional  land  and  buildings  for  . 
in  favor  of  .........  . 

the  Lowell,  relative  to  the  granting  of  degrees  by        .  .  . 

in  favor  of  ......... 

to  provide  for  certain  improvements  at  .... 

the  New  Bedford,  in  favor  of  . 
Textile  schools,  to  provide  for  an  investigation  concerning  the  maintenance  of 
Thayer,  Edwin  F.,  justice  of  the  peace,  acts  confirmed 
Thayer  Academy,  Trustees  of,  may  hold  additional  estate     . 
Theatres,  etc.,  no  discrimination  to  be  made  by,  in  cases  of  persons  wearing 
the  uniform  of  the  United  States  army,  etc.  .  .  .  . 

Third  Congregational  Society,  in  Cambridge,  may  convey  certain  property 


890 

868 

384 

1070 

579 

513 

513 

1091 

1091 

1074 

1088 

1088 

1089 

10G2 

1092 

10 

446 

17 


In^dex. 


1523 


Third  special  justice,  district  court  of  southern  Essex,  to  provide  for 
Thomas  Crane  Public  Library,  of  Quincy,  Trustees  of,  may  hold  property  to  a 
certain  amount         ........ 

Tillinghast,  Caleb  B.,  purchase  of  a  card  catalogue  of  the  general  court  pre 
pared  by  ......... 

Topsfield,  town  of,  the  Congregational  Church  of,  may  hold  funds  now  in  the 

hands  of  the  Trustees  of  the  Bixby  Donation  Farm 
Town  accountants,  appointment  and  duties  of     . 
Towns: 

Abington,  may  appropriate  money  for  an  anni-«ersary  celebration 

the  town  of  Hanover  may  procure  water  from 
Amesbury,  expense  of  maintaining  a  certain  bridge  over  the  Powow 
river  in  ........         . 

to  be  reimbursed  for  certain  expense    in   connection  with  repairs 
to  the  Essex  Merrimac  bridge    ...... 

Amherst,  certain  parcels  of  land  in,  may  be  leased  for  dwellings,  etc 
for  the  professors  in  the  Massachusetts  Agricultural  College 
may  refund  certain  notes     ...... 

Arhngton,  may  construct  a  bridge  over  Alewife  brook 

boundary  line  between  the  city  of  Cambridge  and 
Attleborough,  may  borrow  money  for  sewerage  purposes 
Avon,  the  city  of  Brockton  may  construct  a  storage  reservoir  in 
Barnstable,  water  supply  for    ...... 

planting  and  cultivating  clams  and  quahaugs  in 
Belmont,  boundary  line  between  Watertown  and 
Billerica,  additional  water  loan  for    ..... 

Blackstone,  the  city  of  Woonsocket,  in  Rhode  Island,  may  supply 
water  to  ........ 

Braintree,  extension  of  the  metropolitan  sewer  to 

water  loan  for     ........ 

may  regulate  the  taking  of  smelts  in  Weymouth  Fore  river  and 
Weymouth  Back  river       ...... 

Cheshire,  may  refund  certain  notes  ..... 

Chester,  marking  and  care  of  the  grave  of  Valentine  Reudgen  in 
Cohasset,  may  refund  certain  notes  .... 

Colrain,  boundary  line  between  Leyden  and 
Concord,  drawing  of  water  from  Sandy  pond  in 

additional  water  loan  for       ...... 

Dalton,  the  fire  district  in,  may  take  water  from  a  certain  brook,  etc. 
in  the  town  of  ....... 

improvement  of  a  certain  highway  in     . 
Dana,  boundary  line  between  Greenwich  and     . 
Danvers,  may  issue  notes  or  bonds  to  pay  certain  habilities 
may  distribute  electricity  in  certain  other  towns 
taking  of  land  by,  for  its  electric  light  plant   . 
the  Wadsworth  Cemetery  Association  incorporated  in 
Dartmouth,  boundary  hne  between  the  city  of  New  Bedford  and 


1524  Index. 


Towns  —  continued.  page 

Deerfield,  water  supply  for  a  part  of          .....         .  393 

the  Trustees  of  the  First  Congregational  Church  in,  may  sell  a 

certain  lot  of  land    .........  777 

Dighton,  water  supply  for  a  part  of           ......  176 

Dunstable,  to  confirm  the  election  of  town  officers  in           ...  235 

Easthampton,  may  estabUsh  a  board  of  public  works          .          .         .  15 
Essex,  may  purchase  a  release  of  certain  land  held  in  the  town  of 

Ipswich  ...........  507 

Fairhaven,  board  of  shellfish  commissioners  for          ....  401 

Falmouth,  may  appropriate  money  for  advertising  the  town        .         .  115 

Foxborough,  water  supply  for           .......  202 

Framingham,  may  borrow  money  for  constructing  a  school  building     .  44 

Franklin,  additional  water  loan  for  .          .          .          .          .          .          .  405 

Gardner,  may  borrow  money  for  sewerage  purposes    ....  79 

Goshen,  improvement  of  a  certain  highway  in  .         .          .          .         .  871 

Greenfield,  improvement  of  a  highway  between  the  town  of  Shelburne 

and 802 

Greenwich,  boundary  line  between  Dana  and     .....  388 

Groton,  to  provide  a  water  supply  for  a  part  of           ....  734 

Hadley,  the  Russellville  Cemetery  Association  incorporated  in     .         .  236 
certain  parcels  of  land  in,  may  be  leased  for  dwellings,  etc.,  for  the 

professors  in  the  Massachusetts  Agricultural  College    .          .         .  398 
Hamilton,  may  take  certain  cemetery  land  for  a  public  park        .          .  83 
Hanover,  town  of,  the  North  Hanover  Firemen's  Association  incorpo- 
rated in  ...........  32 

may  supply  itself  with  water         .......  208 

may  procure  water  from  certain  other  towns            ....  868 

Harwich,  construction  and  maintenance  of  certain  bridges  over  Herring 

river  in   ..........          .  504 

Hingham,  construction  of  a  new  bridge  over  Weymouth  Back  river 

between  Weymouth  and   ........  941 

Hinsdale,  relative  to  the  boundary  line  between  Peru  and  .         .         .  1061 
Holbrook,  may  refund  certain  indebtedness        .         .         .         .         .119 

additional  water  loan  for      .         .  .  .         .         .         .         .140 

Huntington,  election  of  the  school  committee  in  .         .         .         .41 

relative  to  the  fire  district  of          ......          .  634 

Hyde  Park,  the  southern  high  service  water  system  to  be  extended 

to 448 

annexation  of,  to  the  city  of  Boston       .....        450,  606 

Ipswich,  the  town  of  Essex  may  purchase  a  release  of  certain  land  in    .  507 
Kingston,  to  prohibit  the  taking  of  fish  in  the  waters  of,  by  means  of 

torches    ...........  80 

Lee,  the  St.  George's  Episcopal  Church  in,  may  hold  certain  property 

in  trust  ...........  215 

fire  district  in,  may  borrow  money  to  build  a  fire  engine  house           .  785 

Lenox,  provision  affecting       ........  603 


Index. 


1525 


Towns  —  continued. 

Leominster,  taking  of  certain  lands  in,  for  altering  a  grade  crossing 
Lexington,  construction  of  a  sewerage  system  for 
Leyden,  boundary  line  between  Colrain  and 
Lincoln,  relative  to  the  water  commissioners  of 

drawing  of  water  from  Sandy  pond  in    . 
Littleton,  water  supply  for       .... 
Ludlow,  and  the  city  of  Chicopee,  made  a  medical  examiner  district 
Lunenburg,  to  ratify  certain  acts  of  .... 

Marblehead,  may  convey  certain  property  to  Hannah  Graves 

included  in  the  judicial  district  of  the  district  court  of  southern  Essex 
Marshfield,  may  refund  certain  notes 
Mashpee,  taxation  of  parish  property  in  . 
Mendon,  filing  of  certificates  of  nomination,  etc.,  by 
Methuen,  the  Walnut  Grove  Cemetery  in,  may  transfer  its  property 
to  the  Walnut  Grove  Cemetery  Corporation 

relative  to  a  proposed  highway  between  Lawrence  and 
Middleton,  the  town  of  Danvers  may  distribute  electricity  in 
Milford,  may  borrow  money  for  sewer  purposes 
Montgomery,  taxation  of  land  in,  held  by  the  town  of  Westfield 
Nahant,  included  in  the  judicial  district  of  the  district  court  of  southern 
Essex      ....... 

Natick,    may   appropriate    money   for   removing   obstructions   from 
Charles  river   ......... 

New  Braintree,  boundary  line  between  North  Brookfield  and 

boundary  line  between  West  Brookfield  and  .... 
New  Marlborough,   conveyance  of  certain  property  to  the  Congre^ 

gational  Church  of  . 
New  Salem,  boundary  line  between  Prescott  and 
North  Attleborough,  may  borrow  money  for  securing  a  location  for  a 
certain  electric  railroad  company        ..... 

preservation  of  a  boundary  mark  between  Plainville  and 
North  Brookfield,  boundary  line  between  New  Braintree  and 

boundary  line  between  West  Brookfield  and  .... 
North  Reading,  the  town  of  Danvers  may  distribute  electricity  in 
Norton,  water  supply  for  a  part  of   . 
Norwood,  water  supply  for       .... 
Peabody,  relative  to  town  meetings  in 

may  extend  its  water  supply  system 

relative  to  procuring  a  water  supply  for 
Peru,  the  Dalton  Fire  District  may  take  water  from  a  certain  brook 
etc.,  in    .........         . 

relative  to  the  boundary  line  between  Hinsdale  and 
Plainville,  preservation  of  a  boundary  mark  between  North  Attlebor- 
ough and  ......... 

Plymouth,  may  purchase  shares  of  the  capital  stock,  etc.,  of  certain 
railway  companies    .         .         .         ,         . 


1526 


Index. 


Towns  —  continued. 

Plymouth,  to  confirm  the  election  of  certain  officers  in 

completion  and  furnishing  of  certain  county  buildings  in 
Prescott,  boundary  line  between  New  Salem  and 
Raynham,  the  city  of  Taunton  may  supply  water  to 
Reading,  relative  to  the  municipal  lighting  plant  in    . 
Revere,  appointment  of  a  reserve  police  force  in 
powers,  etc.,  of  the  water  commissioners  of     . 
may  use  part  of  a  burial  ground  for  a  public  way    . 
certain  purchases  and  takings  of  land  in,  and  the  construction  of 
a  highway      ......... 

relative  to  a  parkway  between  the  town  of  Winthrop  and 
Rockland,  may  appropriate  money  for  an  anniversary  celebration 
filing  of  certificates  of  nomination,  etc.,  by     . 
the  town  of  Hanover  may  procure  water  from         '. 
Salisbury,  construction  of  a  highway  in     . 
Sandwich,  may  purchase  shares  of  the  capital  stock,  etc.,  of  certain  rail- 
way companies         ....... 

Saugus,  to  establish  a  board  of  water  commissioners  in,  etc 

to  provide  for  the  reconstruction  of  Fox  Hill  bridge  between  the 
city  of  Lynn  and       ...... 

included  in  the  Judicial  district  of  the  district  court  of  southern 
Essex       ........ 

Shelburne,  improvement  of  a  highway  between  the  town  of  Greenfield 
and         ........ 

Sherborn,  maintenance  of  a  high  school  by 

Somerset,  construction  of  a  bridge  over  Taunton  Great  river  between 


PAGE 

102 
790 
310 
296 
507 
112 
161 
470 

579 

1094 

50 

77 
868 
982 

75 
71 

714 

406 

802 

78 


Fall  River  and 


576,  603 


South  Iladley,  to  confirm  certain  acts  of  Fire  District  Number  One  of 

filing  of  certificates  of  nomination,  etc.,  by 

to  confirm  certain  acts  of      . 
Stoneham,  protection  of  the  public  health  in 

may  borrow  money  for  sewerage  purposes 

relative  to  the  taking  of  Spot  Pond  in   . 
Stoughton,  sewerage  system  for         .  .  . 

may  extend  its  water  system 
Sudbury,  to  restore  certain  trust  funds,  etc. 
Swampscott,  may  agree  with  the  city  of  Lynn  on  a  system  of  sewage 
disposal  ....... 

Swansea,  erection  of  a  bronze  tablet  on  the  Mylcs  Garrison  House  in 

Tcwksbury,  relative  to  a  water  supply  for 

Topsfield,  the  Congregational  Church  of,  may  hold  funds  now  in  the 

hands  of  the  Trustees  of  the  Bixby  Donation  Farm 
Truro,  r(>pair  and  maintenance  of  a  certain  highway  in 
Tyngsl)orough,  to  permit  speed  tests  of  automobiles,  etc.,  on  certain 
highways  in     .......  . 

Uxbridge,  may  borrow  money  for  extending  its  water  supply 


128 

127 

568 

252 

296 

1096 

62 

76 

134 

110 

1034 

513 

123 

407 

264 

42 


Index.  l^^^^ 

PAGE 

Towns  —  concluded.  ,     .  .  i^n? 

Wakefield,  relative  to  the  municipal  lighting  plant  m  •         •         '      Z'" 

relative  to  a  boulevard  around  Lake  Quannapowitt  in      .  .  •     J^^^ 

to  provide  for  a  new  armory  in      .  .  \  ,    ,  *  "      ,    *     .  „f 

Walpole,  the  Robbins  Farm  in,  to  be  taken  and  held  by  the  board  of     ^^^^ 

charity ■         ' ,.     ^."         '         '  co   4.7Q 

Ware,  sitting  of  the  superior  court  in,  for  naturalization      .  .  o^,  ^/^o 

Washington,  provision  affecting         .  •  •        .;       .  \-.      ' -a  J 

Watertown,  to  contract  with  the   city  of  Cambridge  m  the  widen-       ^^^ 

ing  of  Mount  Auburn  street 

boundary  line  between  Belmont  and ^^ 

West  Bridgewater,  issuing  of  water  bonds  by     .  .  •  •        ^^^  ^^^ 

additional  water  loan  for      .         •         •,",■,,■,■  '901 

West  Brookfield,  boundary  hue  between  North  Brookfield  and     .  .       ^Ji 

boundai-y  line  between  New  Braintree  and ^^^ 

WrsS,Trtlin  land  in,  may  be  sold  and  conveyed  to  the  Boston  and  ^^^ 

Albany  Railroad  Company 

may  take  land  for  pohce  station  purposes        •  •  '  '  '  ,.0 

taxation  of  land  held  by,  in  the  town  of  Montgomery      •  •    .     '  *^"^ 

Weymouth,  repairs,  etc.,  of  a  certain  bridge  over  Weymouth  Fore  river  ^^^ 

may  regulate  the  taking  of  smelts  in  Weymouth  Fore  river  and  Wey-      ^^^ 

mouth  Back  river ,    ^  "  ,      • "      u  "+^  ^r! 

construction  of  a  new  bridge  over  Weymouth  Back  river  between      ^^^ 

Hingham  and            .         •         •         •         •         ',/.•'         '  rn 

Whitman,  may  appropriate  money  for  an  anniversary  celebration         .  oU 

Winchester,  protection  of  the  public  health  in ^-^ 

abolition  of  a  grade  crossing  in ^^^ 

to  confirm  certain  proceedings  of  .  .  •        /     .^'.  ,   ,.\,    ■' 

Winthrop,  to  regulate  the  taking  of  fish  by  means  of  artificial  hght  m  ^^^ 

the  waters  of ^^ 

may  extend  its  sewerage  system 

provision  anectmg 

relative  to  a  parkway  between  the  town  of  Revere  and    .         .         .     iUJ* 

Worthington,  water  supply  for          .         •         •         '      ..•    ,     "       .'  .^^ 

Wrentham,  to  confirm  the  grant  of  a  certain  island  in  Whitmg  s  pond  m  129 

Towns,  may  appropriate  money  for  the  employment  of  nurses       "          '          "  ^^3 

election  of  highway  surveyors  in       .          -          •       _  •          •          •          '  oor 

certain,  estabUshment  of  milk  distributing  stations  m          .         .         •  f^ 

to  be  reimbursed  for  certain  high  school  expenses   .          .          •         •  ^^» 

to  provide  for  the  maintenance  of  tuberculosis  dispensaries  in         .  bUU 

construction  of  sanitary  stations  in         .  •  •  •  •  • 

Towns  and  cities,  relative  to  the  report  on  the  financial  statistics  of       .         .  i^i^ 

appointment  of  inspectors  of  animals  in ^^^ 

may  establish  art  commissions 

appointment  of  inspectors  of  crude  petroleum  in         .  •  •  .       io^ 


54 


111 


1528 


Index. 


PAGE 

Towns  and  cities,  vacation  of  members  of  police  departments  of  .          .         .  157 

licensing  and  regulation  of  lying-in  hospitals  in            ....  222 
may  petition  for  the  stocking  of  great  ponds  within  their  limits,  with 

food  fish 241 

school  committees  of,  may  expend  money  for  the  supervision  of  sports  268 
law  relative  to  a  retirement  system  for  the  payment  of  annuities  and 

pensions  to  employees  of,  amended     ......  299 

relative  to  the  payment  of  indebtedness  of         .  .  .  .  .317 

concerning  the  height  and  weight  of  members  of  fire  departments  in    .  317 

may  grant  the  use  of  school  halls  for  other  than  school  purposes           .  355 

reimbursement  of,  for  loss  of  taxes  on  certain  land      ....  355 

may  grant  licenses  for  carrying  on  the  business  of  manicuring,  etc.       .  432 

in  the  metropolitan  parks  district,  payment  of  assessments  by     .          .  447 
certain,  chiefs  of  police  of,  to  extend  the  provisions  of  the  civil  service 

act  to 450 

reimbursement  of,  for  loss  of  taxes  on  land  used  for  public  institutions  468 

may  license  persons  to  sell,  etc.,  firearms  ......  484 

building,  etc.,  of  tuberculosis  hospitals  in  .          .          .          .          .          .  621 

establishment  of  homesteads  for  workmen  in  the  suburbs  of          .          .  628 

maintenance  of  isolation  hospitals  by         .....         .  635 

to  provide  for  printing  a  certain  report  of  the  debts  of         .          .          .  1060 

to  provide  for  an  investigation  of  the  indebtedness  of           .          .          .  1097 
Tracks,  of  railroad  corporations,  operation  of  street  railway  cars  over    .          .251 
of  street  railway  companies,  relative  to  the  joint  use  of       .         .          .476 

Training  schools,  the  Massachusetts,  to  establish  the  board  of  trustees  of        .  595 

Transfer,  of  suits,  from  the  superior  court  to  the  land  court,  to  permit  .          .  423 

Transfers,  of  inmates  of  certain  institutions          ......  295 

in  the  civil  service,  relative  to           .......  688 

Transit  commission,  the  Boston,  to  extend  the  term  of  office  of,  etc.      .          .  687 

Transmission  of  electricity,  relative  to         ......          •  498 

Transportation,  etc.,  of  commodities  in  common  use,  regulated      .  .  .491 

Transportation  facilities,  in  the  city  of  Boston  and  vicinity,  relative  to            .  955 

Trapping  with  scented  bait,  prohibited        .......  162 

Treadwell  Fund  of  the  Ipswich  PubUc  Library,  to  incorporate  the  trustees  of  59 

Treasurer  and  receiver  general,  may  borrow  money  in  anticipation  of  revenue  5 

may  borrow  money  in  anticipation  of  assessments  for  the  metropoUtan 

districts            ........••  6 

appropriations  for  the  department  of         ......  19 

may  hold  and  invest  certain  funds  provided  for  rebuilding  certain 

bridges  over  the  Charles  river  .......  429 

may  issue  scrip,  etc.,  to  meet  expenditures  in  the  purification  of  Mystic 

river  and  Alewife  brook,  etc.      .......  444 

to  publish  annually  statements  relative  to  metropolitan  parks,  etc.       .  520 
to  issue  bonds,  etc.,  to  meet  expense  of  providing  an  outlet  of  the  sewage 

of  Everett  and  Maiden  into  the  metropolitan  system    .          .          .  506 
to  issue  bonds,  etc.,  to  meet  expense  of  improving  a  certain  highway  in 

the  counties  of  Berkshire  and  Hampshire    .....  871 


Index. 


1529 


PAGE 


Treasurer  and  receiver  general,  to  issue  scrip,  etc.,  to  meet  expense  of  im- 
proving   the    highways    connecting    the   Hoosac   and    Deerfield 
valleys  .  ...... 

duties  of,  relative  to  the  collection  of  the  state  tax 
Trial,  speedy,  of  certain  causes,  relative  to 

proceedings  in,  aftw  the  allowance  of  exceptions 
new,  in  jury  cases,  relative  to  . 

certain  persons  awaiting,  to  provide  compensation  for 
Truro,  town  of,  repair  and  maintenance  of  a  certain  highway  in 
Trust,  property  held  on,  law  relative  to  the  taxation  of,  amended 
Trust  companies,  filling  of  vacancies  in       ...  . 

certificates  of  incorporation  of,  may  be  revoked 
taxation  of  deposits  in  saving  departments  of     .         . 
may  invest  certain  funds  or  assets    .... 

Trust  company: 

City,  may  be  merged  with  certain  other  trust  companies     . 
Massachusetts,  may  be  merged  with  certain  other  trust  companies 
Mercantile,  may  be  merged  with  certain  other  trust  companies   . 
Old  Colony,  may  be  merged  with  certain  other  trust  companies  . 
Trustee  process,  upon  foreign  corporations,  service  of  . 
Trustees: 

of  the  Bixby  Donation  Farm,  the  Congregational  Church  of  Topsfield 

may  hold  funds  now  in  the  hands  of  . 
of  the  First  Congregational  Church  in  Deerfield,  may  sell  a  certain  lot 
of  land    ......... 

of  the  Heard  Fund  of  the  Ipswich  Public  Library,  incorporated 

of  hospitals  for  consumptives,  may  sell  and  convey  certain  land  in 

Westfield 

to  provide  for  printing  additional  copies  of  the  report  of 
appropriations  for         ....... 

of  the  House  of  the  Angel  Guardian,  may  hold  additional  estate 
of  the  Lyman  and  industrial  schools,  appropriations  for 
of  the  Massachusetts  Agricultural  College,  to  lease  certain  parcels  of 
land  for  providing  dwellings,  etc.,  for  professors  of  the  college,  etc 
of  Massachusetts  training  schools,  established    .... 

of  the  state  farm,  to  settle  the  claim  of  Cornelius  J.  Donovan  for  injuries 
of  Thayer  Academy,  may  hold  additional  estate 
of  the  Thomas  Crane  Public  Library  of  Quincy,  may  hold  property  to 
a  certain  amount      ........ 

of  the  Treadwell  Fund  of  the  Ipswich  Public  Library,  incorporated 
Trustees,  accounts  of         ........         . 

relative  to  suits  against  ........ 

Tuberculosis,  the  board  of  health  to  collect  information  relative  to  the  preva 
lence  of  .........  . 

dispensaries  in  cities  and   certain   towns,  to  provide  for  the  maia 
tenance  of        ........         . 

Tuberculosis  hospitals,  to  encourage  the  building  of     . 


1530 


Index. 


Tunnel  and  subway,  in  Boston,  the  east  and  west,  investigation  on  the  subject 

of 

Tunnels  and  subways  in  the  city  of  Boston,  relative  to  the  construction  of 
Turner,  Henry  E.,  in  favor  of  the  widow  of  .         .         . 

resolutions  on  the  death  of       ....         . 
Turpentine,  etc.,  analyses  of,  to  be  made  by  the  board  of  health 

relative  to  the  manufacture  and  sale  of      . 
Tyngsborough,  town  of,  to  permit  speed  tests  of  automobiles,  etc.,  on  certain 
highways  in     ......         . 

Typhoid  fever,  relative  to  the  diagnosis  of  ... 


PAGE 

1054 

955 

1094 

1112 

163 

223 

264 
1056 


u. 

Uniform,  of  the  United  States,  to  protect  the  honor  and  dignity  of         .          .  446 
Union  railroad  stations,  the  north  and  the  south,  relative  to  the  suburban 

express  offices  at       ........          .  1073 

Unions,  etc.,  imposition  and  collection  of  fines  by         ....          .  423 

United  States,  jurisdiction  of,  over  a  certain  tract  of  land  in  the  city  of  Lowell  216 

to  protect  the  honor  and  dignity  of  the  uniform  of      .          .          .          .  446 

acquisition  of  a  certain  tract  of  land  in  the  city  of  Boston  by       .          .  567 
resolutions  relative  to  reciprocal  interchange  of  commodities  between 

Canada  and     ..........  1109 

United  States  flag,  display  of,  on  schoolhouses     ......  185 

Uxbridge,  town  of,  may  borrow  money  for  extending  its  water  supply    .         .  42 


Y. 

Vacancies,  in  trust  companies,  filling  of       .......  69 

in  the  offices  of  the  auditor  and  secretary  of  the  commonwealth,  relative 

to 254 

Vacations,  of  members  of  police  departments  .....  157,  689 
Validation  report,  so-called,  of  the  assets  and  liabilities  of  the  New  York,  New 

Haven  and  Hartford  Railroad  Company,  printing  of  .  .  .  1060 
Valley   Forge,   Pennsylvania,   representation  of   the   commonwealth   at   the 

dedication  of  the  monument  at           ......  1066 

Vapor  baths,  relative  to  the  giving  of          .......  432 

Vehicles,  certain,  carrying  of  lights  by         ......         .  602 

Verdict,  when  set  aside  and  new  trial  granted,  statement  of  grounds  for  new 

trial  to  be  filed 490 

Veterans,  etc.,  retired,  appropriation  for  compensation  of      .         .         .         .  373 

in  the  service  of  the  city  of  Boston,  retirement  of       .  .         .         .87 

Veterinary  medicine,  board  of  registration  in,  examination  of  applicants  by     .  150 

appropriations  for  ..........  728 

Village  Improvement  Society,  the  East  Templeton,  may  maintain  a  memorial 

hall 195 

Vinegar,  to  define  the  standard  of,  etc.        .......  623 

Violation,  of  injunctions,  proceedings  for  punishment  of        ...         .  309 


Index. 


1531 


PAGE 

Vocational  education,  state-aided,  codification  of  the  laws  relating  to     .         .  458 

Voters,  registrars  of,  relative  to  certain  meetings  of      ....         .  981 

Voting,  in  elections,  relative  to  the  disqualification  of  certain  persons  from  .  1105 
Voting  machines,  proposed  amendment  to  the  constitution  relative  to  the  use 

of,  submitted  to  the  people        .......  1067 


Wadsworth  Cemetery  Association,  incorporated  ......  95 

Wages,  of  women  and  minors,  to  provide  for  the  appointment  of  a  commission 

to  investigate  the  question  of     ......         .  1065 

weekly  payment  of,  by  express  companies          .....  156 

payment  of,  by  certain  manufacturing  corporations,  etc.     .         .         .  212 

assignment  of,  relative  to         .......         .  887 

Wakefield,  town  of,  relative  to  the  municipal  lighting  plant  in       .         .         .  507 

relative  to  a  boulevard  around  Lake  Quannapowitt  in          .          .          .  1090 
to  provide  for  a  new  armory  in         .         .         .         .         .         .         .1100 

Wakefield  Real  Estate  and  Building  Association,  to  extend  the  charter  of       .  10 
Walnut  Grove  Cemetery,  may  transfer  its  property  to  the  Walnut  Grove 

Cemetery  Corporation       ........  37 

Walpole,  town  of,  Robbins  Farm  in,  to  be  taken  and  held  by  the  board  of 

charity    .          .          .          .          .          . ,         .          .          .          .          •  1081 

Waltham,  city  of,  reheved  from  obhgation  to  build  a  city  hall  on  certain  land  119 
Ware,  town  of,  sitting  of  the  superior  court  in,  for  naturalization  .          .          52,  473 
Warehouses,  storage,  relative  to  the  storage  of  liquors  in       .          .          .          .56 

Warrentown  Village,  in  Middleborough,  water  supply  for      .         .         .         .  790 

Washington,  town  of,  provision  affecting     .......  603 

V/atchman,  at  the  state  arsenal,  to  authorize  the  employment  of  .          .          .  983 

Watchmen,  in  the  state  prison,  etc.,  salaries  of    .          .          .          .          .          .  561 

Water,  for  drinking  purposes,  supply  of,  on  passenger  trains           .          .          .  480 

Water  fowl,  protection  of           .........  78 

himting  of,  in  the  county  of  Nantucket,  to  prohibit  the  use  of  live 

decoys  in         .........         .  191 

Water  company: 

Barnstable,  incorporated           ........  242 

Norton,  provisions  affecting     ........  416 

Sagamore,  relative  to       ........         .  107 

Tewksbury,  incorporated          ........  513 

Water  District,  Cherry  Valley  and  Rochdale,  powers  of        ,         .         .         .116 
Water  loan: 

Barnstable     ...........  247 

Billerica         . 565 

Braintree       ...........  622 

Brockton       ...........  28 

Concord .         .         .         .         .  445 

Deerfield  Fire  District     .  .  .  .  .  .  .  .  .395 

Dighton  Water  Supply  District         .......  178 


1532 


Index. 


Water  loan  —  concluded. 

East  Foxborough  Water  Supply  District 
Foxborough  Water  Supply  District 
Franklin         .... 
Great  Barrington  Fire  District 
Hanover 
Holbrook 
Littleton 
New  Bedford 
Norwood 
Peabody 
Pittsfield 
Quincy 
Saugus 

Shelburne  Falls  Fire  District 
Stoughton 
Taunton 
Tewksbury    . 
Uxbridge 

West  Bridgewater  . 
West  Brookfield 

West  Groton  Water  Supply  District 
Worcester       .... 
Worthington  Fire  District  Loan 
Water  loan  bonds,  metropolitan,  relative  to  the  issuing  of 
Water  power,  of  the  commonwealth,  to  provide  for  completing 

tion  of     . 
Water  supply: 

Barnstable 

Beverly 

Blackstone     . 

Braintree 

Brockton 

Concord 

Deerfield  Fire  District     . 

Dighton 

East  Foxborough    . 

Fall  Brook  Village,  in  Middleborougl 

Foxborough   . 

Groton 

Hanover 

Lakeville  state  sanatorium 

Lincoln 

Littleton 

New  Bedford 

Norton  Fire  District 

Norwood 


an  investiga' 


PAGE 

205 
940 
405 
315 
210 
140 
642 

51 
582 
733 
466 
434 

71 
745 

76 

73 
518 

43 

21,  595,  689 
362 
737 
997 
189 
6 


687 


242 
1057 
729 
622 
28,  29 
426 
393 
176 
940 
786 
202 
734 
208,  868 
1095 
426 
640 
50 
415 
580 


Index. 


1533 


Water  supply  —  concluded.         ^  page 

Peabody 730,  1057 

Pittsfield 603 

Quincy 

Raynham       ....... 

Salem    ........ 

Saugus  ....... 

Shelburne  Falls  Fire  District    .... 

Stoughton      ....... 

Tewksbury    ....... 

Uxbridge        ....... 

Warrentown  Village,  in  Middleborough 

West  Brookfield      ...... 

Westfield        .         .         .         . 

Worcester       ....... 

Worthington  .  .  .  . 

Water  supply  district: 

Dighton,  established        ..... 

East  Foxborough,  established  .... 

Foxborough,  may  make  an  additional  water  loan 

Hadley,  may  extend  its  hmits 

West  Groton,  established  .... 

Water  supply  districts,  protection  of  sources  of  water  supply  used  by 
Watertown,  town  of,  to  contract  with  the  city  of  Cambridge  in  the  widening 

of  Mount  Auburn  street   ........       107 

boundary  hne  between  Belmont  and  ......       330 

Waterways,  inland,  relative  to  the  question  of  the  development  of  .  .     1040 

Weavers,  in  cotton  factories,  specifications  to  be  furnished  to         .  .  .       221 

Weaving,  to  prohibit  the  imposition  of  fines  for  imperfections  in    .  .  .       607 

Weekly  payment  life  insurance  policies,  law  relative  to,  amended  ...         40 
Weekly  payment  of  wages,  by  express  companies  .....       156 

Weight,  etc.,  of  members  of  fire  departments,  regulations  concerning      .  .       317 

Weights  and  measures,  law  relative  to  cranberry  barrels,  crates,  etc.,  amended       368 

penalty  for  giving  falsely         ........       125 

weight  of  a  barrel  of  potatoes  ........       386 

commissioner  of,  may  appoint  an  additional  inspector         .         .         .       717 
appropriations  for        .........      779 

Wellesley  College,  may  hold  additional  estate      ......       139 

Wellington  bridge,  appropriation  for  the  care  and  maintenance  of  .  .       598 

West  Bridgewater,  town  of,  issuing  of  water  bonds  by  .  .  .  .20 

water  loan  for 594,  689 

West  Brookfield,  town  of,  boundary  Une  between  North  Brookfield  and  .      291 

boundary  fine  between  New  Braintree  and         .....       292 

water  supply  for     ..........      360 

West  End  Street  Railway  Company,  relative  to  the  consolidation  of,  with 

the  Boston  Elevated  Railway  Company 
West  Groton  Water  Supply  District,  incorporated 


1534 


In^dex. 


PAGE 

West  Roxbury  district,  municipal  court  of,  salary  of   the  court  officer  in, 

established       ..........  219 

Westborough  state  hospital,  appropriations  for   .         ,         .         .  .  .861 

improvements  at    .........         .  1092 

Westfield,  town  of,  certain  land  in,  may  be  sold  and  conveyed  to  the  Boston 

and  Albany  Railroad  Company           ......  389 

may  take  land  for  poUce  station  purposes           .         .         k         .         .  436 

taxation  of  certain  land  held  by,  in  the  town  of  Montgomery       .         .  463 

Westfield  sanatorium,  appropriations  for     ......         .  599 

improvements  at     .........          .  1095 

Weymouth,  town  of,  repairs,  etc.,  of  a  certain  bridge  over  Weymouth  Fore 

river  in  ..........         .  183 

may  regulate  the  taking  of  smelts  in  Weymouth  Fore  river  and  Wey- 
mouth Back  river    .........  263 

construction  of  a  new  bridge  over  Wejmaouth  Back  river  between 

Hingham  and            .........  941 

Weymouth  Back  river,  construction  of  a  new  bridge  over,  between  the  towns 

of  Weymouth  and  Hingham       .  .  .  .  .  .  .941 

Weymouth  Fore  river,  to  provide  for  repairs  and  alterations  of  a  certain 

bridge  over,  etc.       .         .         .         .         .         .         .          .      183,  1021 

Wheel  guards,  equipment  of  street  railway  cars  with    .....  1067 

Wheeler,  Henry,  justice  of  the  peace,  acts  confirmed    .....  1032 

Whiting's  pond,  in  Wrentham,  to  confirm  the  grant  of          ....  129 

Whitman,  town  of,  may  appropriate  money  for  an  anniversary  celebration     .  50 

Wife,  desertion  of,  by  husband,  to  make  uniform  the  law  relating  to      .          .  439 
Wild  or  forest  lands,  taxation  of,  proposed  amendment  to  the  constitution 

relative  to       .........         .  1106 

Wild  birds  and  quadrupeds,  protection  and  propagation  of   .         .         .         .  399 

Wild  fowl,  relative  to  the  shooting  of           .......  139 

Wild  turkeys,  relative  to  the  protection  and  importation  of  .         .         .         .313 

Williams,  Sarah  Jane,  deceased,  relative  to  the  estate  of        ...          .  1035 

Wills,  executed  outside  the  commonwealth,  to  make  uniform  the  law  relative  to  208 

Winchester,  town  of,  protection  of  the  pubhc  health  in          ...         .  252 

abolition  of  a  grade  crossing  in          ....,,          .  486 

to  confirm  certain  proceedings  of       ......          .  629 

Winthrop,  town  of,  to  regulate  the  taking  of  fish  by  means  of  artificial  Ught 

in  the  waters  of        ........         .  126 

may  extend  its  sewerage  system        .         .         .         .         .         .         .167 

provision  affecting            .........  604 

relative  to  a  parkway  between  the  town  of  Revere  and       .         .          .  1094 

Wire  locations,  of  street  railway  companies,  law  relative  to,  amended     .          .  432 

Witnesses,  deposits  in  lieu  of  siu-eties  by     ......         .  122 

in  certain  cases,  to  compel  the  disclosure  of  the  names  of    .          .         .  613 

Woburn,  city  of,  protection  of  the  public  health  in        ....         .  252 
Women,  employment  of,  in  mercantile,  etc.,  establishments,  relative  to           .183 

relative  to  the  employment  of,  in  certain  workshops  ....  267 

Women  and  minors,  relative  to  the  hours  of  employment  of           ...  473 


IlSTDEX. 


1535 


PAGE 


in 


Women  and  minors,  to  provide  for  the  appointment  of  a  commisBion  to 
investigate  the  question  of  wages  of   .         .         •       ,■.■•,,•' 
Women,  reformatory  for,  maintenance  of  a  department  for  defective  dehn- 
quents  at  .•••••■'  * 

removal  of  insane  prisoners  from 

appropriations  for  . 
Women's  prison,  name  changed  to  reformatory  for  women 

Wood  or  summer  duck,  protection  of 

Woodcock,  etc.,  relative  to '.     ^    '       r  rIo^v 

Woonsocket,  city  of,  in  Rhode  Island,  may  supply  water  to  the  town  of  Black 

stone       .         •         •  •         •         •         ■         ■  .       ' 

Worcester,  city  of,  building  of  a  structure  over  Fremont  street  m     . 

pensioning  of  members  of  the  poUce  department  of     .  •  _        • 

maintenance  of  a  passenger  station  at  the  South  Worcester  junction 

emergency  water  supply  for '    *      '  k„+ 

Worcester  county,  to  estabUsh  the  salary  of  the  assistant  register  of  probata 

etc.,  of    .  .         •  •         •         •         ■         * 

appointment  of  an  officer  for  the  superior  court  of      . 

tax  granted  for        .  •  •  •  •  "  '  *  *      . 

Worcester  jmiction,  the  south,  in   the    city  of  Worcester,  mamtenance  of 

passenger  station  at  .••■** 

Worcester  Polytechnic  Institute,  appropriation  for 
Worcester  state  asylum,  appropriations  for 

improvements  at     . 
Worcester  state  hospital,  appropriations  for 

improvements  at    .         .         •         •         • 
Working  children,  part-time  schooUng  for,  to  provide 

the  subject  of  .  •  •  • 

Workingmen's  compensation  act,  so-called 
Workmen,  establishment  of  homesteads  for       ^    . 
Workshops,  factories  and,  concerning  the  hghting  of 
employment  of  certain  minors  m 

emplo\Tnent  of  children  and  women  in       .  .  '        ,     . 

to  extend  the  time  for  making  report  on  investigation  of  the  mspection 

of   ...••••-■••         ■ 
Worthington,  town  of,  water  supply  for       . 

Wnrthineton  Fire  District,  estabhshed         .  •  •       ,:    „^'  .     ,  ■, 

WrenS!  town  of,  to  confirm  the  grant  of  a  certam  island  m  Whitmg's  pond 

■  -  •  •  "  * 

m  . 
Wrentham  state  school,  appropriations  for 

to  provide  for  a  system  of  sewerage  for     . 


for  an  investigation  on 


10C5 

617 
627 
864 
136 
-28 
194 

729 
9 

106 
621 
997 

55 

275 
1050 

521 
317 
863 

1100 
860 

1100 

1062 
998 
628 
626 
265 
267 

1033 
185 
185 

129 

857 

1101 


I 


Y. 

Young  Men's  Christian  Association,  Boston,  the  School  of  Commerce  and 
Finance  of,  may  grant  degrees 


88 


We^ 


\. 


1