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

V, >p. IVl 



ACTS 



RESOLVES 



PASSED BV THE 



General (^m\i flf JUasjjathMdte, 



IN THE YEAR 



1920, 



TOGETHER WITH 

THE CONSTITUTION, THE REARRANGEMENT OF THE 

CONSTITUTION, TABLES SHOWING CHANGES 

IN THE STATUTES, ETC., ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH. 




BOSTON: 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

32 DERNE STREET. 

1920. 



A CONSTITUTION 



FORM OF GOVERNMENT 



QIt|p (Eommmtmealtli of ilaBHarljuartta 



PREAMBLE. « 

The end of the institution, maintenance, and administra- objects of 
tion of government, is to secure the existence of the body government. 
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 itTnl't™e!*^' 
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 opportunity, deliberately and peace- 
ably, without fraud, violence, or surprise, of entering into 



CONSTITUTION OF THE 

an original, explicit, and solemn compact with each other; 
and of forming a new constitution of civil government, 
for ourselves and posterity; and devoutly imploring His 
direction in so interesting a design, do agree upon, ordain, 
and establish, the following Declaration of Rights, and 
Frame of Government, as the Constitution of the Com- 
monwealth OP Massachusetts. 



Equality and 
natural rights 
of all men. 



Right and duty 
of public reli- 
gious worship. 
Protection 
therein . 
2 Cush. 104. 
12 Allen, 129. 
See amend- 
ments, Arts. 
XLVI and 
XL VIII. 



Amendments, 
Art. XI, substi- 
tuted for this. 



Legislature 
empowered to 
compel provi- 
sion for public 
worship. 



PART THE FIRST. 

A Declaration of the Rights of the Inhabitants 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 
obtaining their safety and happiness. 

II. It is the right as well as the dutj' of all men in 
society, publicly, and at stated seasons, to worship 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 or sentiments; provided he doth not disturb the 
public peace, or obstruct others in their religious worship. 

III. [As the happiness of a people, and the good order 
and preservation of civil government, essentially depend 
upon piety, religion, and morality; and as these cannot 
be generally diffused through a community but by the 
institution of the public worship of God, and of public 
instructions in piety, religion, and morality: Therefore, 
to promote their happiness, and to secure the good order 
and preservation of their government, the people of this 
commonwealth have a right to mvest their legislature with 
power to authorize and require, and the legislature shall, 
from time to time, authorize and require, the several towns, 
parishes, precincts, and other bodies politic, or religious 
societies, to make suitable provision, at their own expense, 
for the institution of the public worship of God, and for 
the support and maintenance of public Protestant teachers 



COMMONWEALTH OF MASSACHUSETTS. 5 

of piety, religion, and morality, in all cases where such 
provision shall not be made voluntarily. 

And the people of this commonwealth have also a right Legislature 

■^ r 1^ . . . . . to enjoin 

to, and do, invest their legislature with authority to enjoin attendance 
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- gious teachers 
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 ^gj,^" 'Irochiai 
public worship, and of the public teachers aforesaid, shall, taxes may be 
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 peaceably, and as good subjects of the common- protected^ ^ 
wealth, shall be equally under the protection of the law: g^bordination 
and no subordination of any one sect or denomination to oforiesectto 
another shall ever be established by law.] hibited. 

IV. The people of this commonwealth have the sole Right of self 
and exclusive right of governing themselves, as a free, f^^'v^Td™^'** 
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 '^^^1°^^^^^}^^ 
being derived from them, the several magistrates and etc. 
ofKcers 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 public being 
and exclusive privileges, distinct from those of the com- pe^uHa^privi-*" 
munity, than what arises from the consideration of serv- [Iry officS'are 
ices rendered to the public; and this title being in ^nna^urTi.'^ 
nature neither hereditary, nor transmissible to children. 



CONSTITUTION OF THE 



Objects of gov- 
ernment; right 
of people to 
institute and 
change it. 



Right of people 
to secure rota- 
tion in office. 



All, having the 
qualifications 
prescribed, 
equally eligible 
to office. For 
the de6nition of 
"inhabitant," 
see Part the 
Second, Ch. 1, 
Sect. 2, Art. II. 



Right of protec- 
tion and duty 
of contribution 
correlative. 
Taxation 
founded on 
consent. 
16 Mass. 326. 
1 Pick. 418. 
7 Pick. 344. 
12 Pick. 184, 467. 
16 Pick. 87. 
23 Pick. 360. 
7 Met. 388. 
4 Gray, 474. 
7 Gray, 363. 
14 Gray, 154. 
1 Allen, 150. 
4 Allen, 474. 
Private prop- 
erty not to be 
taken for public 
uses without, 
etc. 

See amend- 
ments. Arts. 
XXXIX and 
XL VII. 



or descendants, or relations by blood, the idea of a man born 
a magistrate, lawgiver, or judge, is absurd and unnatural, 

VII. Government is instituted for the common good; 
for the protection, safety, prosperity, and happiness of the 
people; 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 totally change the same, when their protection, 
safety, prosperity, and happiness require it. 

VIII. In order to prevent those who are vested with 
authority from becoming oppressors, the people have a 
right, at such periods and in such manner as they shall 
establish by 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 ap- 
pointments. 

IX. All elections ought to be free; and all the inhab- 
itants of this commonwealth, having such qualifications as 
they shall establish by their frame of government, have an 
equal right to elect officers, and to be elected, for public 

employments. See amendments. Art. XLV. 122 Mass. 595, 596. 

Freedom of elections, not to be the subject of an initiative or referendum petition. 
See amendments. Art. XLVIII, The initiative, II, sect. 2. 
For compulsory voting, see amendments. Art. LXI. 

X. Each individual of the society has a right to be 
protected by it in the enjoyment of his life, liberty, and 
property, according to standing laws. He is obliged, con- 
sequently, to contribute his share to the expense of this 
protection; to give his personal service, or an equivalent, 
when necessary: but no part of the property of any indi- 
vidual can, with justice, be taken from him, or applied to 
public uses, without his own consent, or that of the repre- 
sentative body of the people. In fine, the people of this 
commonwealth are not controllable by any other laws 
than those to which their constitutional representative 
body have given their consent. And whenever the pub- 
lic exigencies require that the property of any individual 
should be appropriated to public uses, he shall receive a 
reasonable compensation therefor. 

6 Cush. 327. 12 Allen, 223, 230. 108 Mass. 202, 213. 126 Mass. 428, 441. 

14 Gray, 155. 100 Mass. .544, 560. Ill Mass. 130. 127 Mass. 50, 52, 

16 Gray, 417,431. 103 Mass. 120, 624. 113 Mass. 45. 358, 363, 410, 413. 

I Allen, 150. 106 Mass. 356, 362. 116 Mass. 463. 129 Mass. 559. 

II Allen, 530. 

Right to receive compensation for private property appropriated to public use, not to 
be the subject of an initiative or referendum petition. See amendments, Art. XLVIII, 
The initiative, II, sect. 2. 



COMMONWEALTH OF MASSACHUSETTS. 7 

XI. Every subject of the commonwealth ought to find J^c^reHo tL 
a certain remedy, by having recourse to the laws, for all compkteVnT' 
injuries or wrongs which he may receive in his person, prompt. 
property, or character. He ought to obtain right and 

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 subject shall be held to answer for any crimes Prosecutions 
or offence, until the same is fully and plainly, substantially rpkk.'2ii. 
and formally, described to him ; or be compelled to accuse, is pick! 434. 
or furnish evidence against himself. And every subject 2^Met'^32^9*^' 
shall have a right to produce all proofs that may be favor- Pc^av^i^'*^" 
able to him; to meet the witnesses against him face to face, | Grayl leo. 
and to be fully heard in his defence by himself, or his 10 Gray, 11.' 
counsel, at his election. And no subject shall be arrested, 2Anen^'36i.' 
imprisoned, despoiled, or deprived of his property, immu- 24of264,'4f9r 
nities, or privileges, put out of the protection of the law, t2\iien. no. 
exiled, or deprived of his life, liberty, or estate, but by the gyg^'*®®- ^^'^' 
judgment of his peers, or the law of the land. 

100 Mass. 287, 295. 108 Mass. 5, 6. 122 Mass. 332. 127 Mass. 550, 554. 

103 Mass. 418. 118 Mass. 443, 451. 124 Mass. 464. 129 Mass. 559. 

107 Mass. 172, 180. 120 Mass. 118, 120. 

Right of access to and protection in courts of justice, not to be the subject of an initia- 
tive or referendum petition. See amendments, Art. XLVIII, The initiative, II, sect. 2. 

And the legislature shall not make any law that shall ^^^uV^in"^^ 
subject any person to a capital or infamous punishment, criminal cases, 
excepting for the government of the army and navy, with- rGray,^329, 
out trial by jury. mMass. 4i8. 

Right of trial by jury, not to be the subject of an initiative or referendum petition. 
See amendments. Art. XLVIII, The initiative, II, sect. 2. 

XIII. In criminal prosecutions, the verification of facts. Crimes to be 
in the vicinity where they happen, is one of the greatest viSntfy.'' ^^'^ 
securities of the life, liberty, and property of the citizen. i2r'Mass^6i, 62. 

XIV. Every subject has a right to be secure from all Right of search 

11 1 1 . i> 1 • 1 • and seizure 

unreasonable searches, and seizures, or his person, his regulated. 
houses, his papers, and all his possessions. All warrants, Amend^/iv. " 
therefore, are contrary to this right, if the cause or founda- I cush^leg. 
tion of them be not previously supported by oath or affir- \^^q^I' ^454 
mation, and if the order in the warrant to a civil officer, i^A'i®"' t'll- 

1 1 • , , '100 Mass. 136, 

to make search in suspected places, or to arrest one or 139. 

, J X • I1 • X u J. 126 Mass. 269, 

more suspected persons, or to seize their property, be not 273. 
accompanied 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 pre- 
scribed by the laws. 

Protection from unreasonable search, not to be the subject of an initiative or refer- 
endum petition. See amendments, Art. XLVIII, The initiative, II, sect. 2. 



8 CONSTITUTION OF THE 

by^uU^sicfed, ^V. In all controversies concerning property, and in 
Conlf'o/u s ^^^ suits between two or more persons, except in cases in 
fp-^k'^ssl^^" ' ^h^*^h ^^ ^^s heretofore been otherways used and practised, 

7 Pick! 366! the parties have a right to a trial by jury; and this method 

8 Gray! 373! of proccdure shall be held sacred, unless, in causes arising 
11 Allen, 574, ^^^ ^j^^ high scas, and such as relate to mariners' wages, 
m Mass. 45, 47. ^j^^ legislature shall hereafter find it necessary to alter it. 

114 Mass. 388, 390. 122 Mass. 505, 516. 125 Mass. 182, 188. 

120 Mass. 320, 321. 123 Mass. 590, 593. 128 Mass. 600. 

Right of trial by jury, not to be the subject of an initiative or referendum petition. 
See amendments, Art. XLVIII, The initiative, II, sect. 2. 

pri"^*^ **^ ^^'^ XVI. The liberty of the press is essential to the secu- 
rity of freedom in a state: it ought not, therefore, to be 
restrained in this commonwealth. 

Freedom of the press, not to be the subject of an initiative or referendum petition. 
See amendments, Art. XLVIII, The initiative,* II, sect. 2. 

Right to keep XVII. The pcoplc havc a right to keep and to bear 

and bear arms. n , 1 1 <. a 1 • j.- e 

Standing armies arms lor the comuiou dcience. And as, in time oi peace, 
Military power armics are dangerous to liberty, they ought not to be 
subordinate to j^fjjj^iained without the consent of the legislature; and 
5 Gray, 121. ^j^^ military power shall always be held in an exact subor- 
dination to the civil authority, and be governed by it. 
Moral quabfica- XVIII. A freCiUeut recurrcuce to the fundamental 

tions for office. ... 1.1 •• 1 jj_ii 

principles or the constitution, and a constant adherence 
to those of piety, justice, moderation, temperance, indus- 
try, and frugality, are absolutely necessary to preserve the 
advantages of liberty, and to maintain a free government. 
The people ought, consequently, to have a particular atten- 
tion to all those principles, in the choice of their officers and 
Moral obiiga- representatives: and they have a right to require of their 

tions of law- '. , . • j.j.i_ 

givers and lawgivcrs aiid magistrates an exact and constant observance 
magistrates. ^^ them, in the formation and execution of the laws neces- 
sary for the good administration of the commonwealth. 
tofnstmct!^^-*' XIX. The people have a right, in an orderly and peace- 
resentatives ghlc manner, to assemble to consult upon the common 

and petition , '. . , , 1 • , . • 1 . 

legislature. good; givc instructious to their representatives, and to 
request of the legislative body, by the way of addresses, 
petitions, or remonstrances, redress of the WTongs done 
them, and of the grievances they suffer. 

Right of peaceable assembly, not to be the subject of an initiative or referendum 
petition. See amendments. Art. XLVIII, The initiative, II, sect. 2. 

Pojl^^tosus- - XX. The power of suspending the laws, or the execu- 
or their execu- ^ion of thc laws, ought ucvcr to be exercised but by the 



tion 



legislature, or by authority derived from it, to be exer- 



COMIMONWEALTH OF IVIASSACHUSETTS. 9 

cised in such particular cases only as the legislature shall 
expressly provide for. 

Modified by the popular initiative and referendum. See amendments, Art. XLVIII, 
I, Definition. 

XXI. The freedom of deliberation, speech, and debate, freedom of de- • 

, i> 1 1 • 1 • "1 1 bate, etc., and 

ni either house or the legislature, is so essential to the reason thereof. 
rights of the people, that it cannot be the foundation of 
any accusation or prosecution, action or complaint, in any 
other court or place whatsoever. 

Freedom of speech, not to be the subject of an initiative or referendum petition. See 
amendments, Art. XLVIII, The initiative, II, sect. 2. 

XXII. The legislature ought frequently to assemble Frequent ses- 

(..i 1 a ' £ j.*'^j.j.l* sions, and ob- 

lor the redress or grievances, tor correcting, strengthening, jeets thereof. 
and confirming the laws, and for making new laws, as the 
common good may require. 

XXIII. No subsidy, charge, tax, impost, or duties Taxation 
ought to be established, fixed, laid, or levied, under any consent. *"* 
pretext whatsoever, without the consent of the people or ^ ^^^®°' ^^^' 
their representatives in the legislature. 

XXIV. Laws made to punish for actions done before ex post facto 

,1 • , p 11 1 1 • 1 1 J. 1 1 laws prohibited. 

the existence or such laws, and which have not been de- 12 Alien, 421, 
clared crimes by preceding laws, are unjust, oppressive, *-*'*-S'*^*- 
and inconsistent with the fundamental principles of a free 
government. 

XXV. No subject ought, in any case, or in any time. Legislature not 
to be declared guilty of treason or felony by the legis- tre^on,'e\c°.^ 
lature. 

XXVI. No magistrate or court of law shall demand Excessive bail 

. ".. .„ .^. or fines, and 

excessive bail or sureties, impose excessive fines, or inflict cmeipunish- 

, 1-1 , ments, pro- 

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

Protection from unreasonable bail, not to be the subject of an initiative or referendum 
petition. See amendments, Art. XLVIII, The initiative, II, sect. 2. 

XXVII. In time of peace, no soldier ought to be quar- No soldier to be 
tered in any house without the consent of the owner; and a'n^ho'itsl,"' 
in time of war, such quarters ought not to be made but ^^^^^s, etc. 
by the civil magistrate, in a manner ordained by the legis- 
lature. 

XXVIII. No person can in any case be subject to law- citizens exempt 
martial, or to any penalties or pains, by virtue of that law, tia™unie"s"^etc. 
except those employed in the army or navy, and except 

the militia in actual service, but by authority of the legis- 
lature. 

Protection from law-martial, not to be the subject of an initiative or referendum 
petition. See amendments, Art. XLVIII, The initiative, II, sect. 2. 



10 



CONSTITUTION OF THE 



Judges of su- 
preme judicial 
court. 

3 Pick. 471. 
1 Gray, 472. 

4 Allen, 591. 
7 Allen, 385. 
105 Mass. 219, 
221, 225. 



Salaries. 



Separation of 
executive, judi- 
cial, and legis- 
lative depart- 
ments. 
2 Cush. 577. 
2 Allen, 361. 
8Allen,247, 253. 
100 Mass. 282, 
286. 

114 Mass. 247, 
249. 



XXIX. It is essential to the preservation of the rights 
of every individual, his life, liberty, property, and charac- 
ter, that there be an impartial interpretation of the laws, 
and administration of justice. It is the right of every 
citizen to be tried by judges as free, impartial, and inde- 
pendent as the lot of humanity will admit. It is, therefore, 
not only the best policy, but for the security of the rights 
of the people, and of every citizen, that the judges of the 
supreme judicial court should hold their offices as long as 
they behave themselves well; and that they should have 
honorable salaries ascertained and established by standing 
laws. 

Tenure of their ofRce, not to be the subject of an initiative or referendum petition. 
See amendments, .Art. XLVIII, The initiative, II, sect. 2, and The referendum, III, sect. 2. 

XXX. In the government of this commonwealth, the 
legislative department shall never exercise the executive 
and judicial powers, or either of them: the executive shall 
never exercise the legislative and judicial powers, or either 
of them: the judicial shall ne\er exercise the legislative 
and executive powers, or either of them: to the end it 
may be a government of laws and not of men. 

116 Mass. 317. 129 Mass. 559. 

For Dopular initiative and referendum, see amendments. Art. XLVIII. 
For organization of executive, etc., work of the Commonwealth in not more than 
twenty departments, see amendments. Art. LXVI. 



Title of body 
politic. 



PART THE SECOND. 

The Frame of Government. 

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 Commonwealth of Massachusetts. 



CHAPTER I. 

THE LEGISLATIVE POWER. 

Section I. 

The General Court. 

dl^artment Artlcle I. The department of legislation shall be 

formed by two branches, a Senate and House of Represent- 



COMMONWEALTH OF MASSACHUSETTS. 11 

atives; each of which shall have a negative on the 
other. 

The legislative body shall assemble every year [on the For change of 
last Wednesday in May, and at such other times as they amendments? 
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- Governor's 
sentatives shall become a law, and have force as such, until 99 Mass. 636. 
it shall have been laid before the governor for his revisal; For right of 

... „ ,, governor to 

and if he, upon such revision, approve thereof, he shall return bin or 
signify his approbation by signing the same. But if he amendment, 
have any objection to the passing of such bill or resolve, he ^n^tsl'Art. 
shall return the same, together with his objections thereto, ^^^" . , 

.. JO J ^ ^ ' boT disapproval 

in writing, to the senate or house of representatives, m pr reduction of 
whichsoever the same shall have originated; who shall gwemorin 
enter the objections sent down by the governor, at large, ating^mcmey?" 
on their records, and proceed to reconsider the said bill or ^menu.^lft. 
resolve. But if after such reconsideration, two-thirds of lxiii, sect. 5. 
the said senate or house of representatives, shall, notwith- passed by two- 

, !• ,1 'J !_• x* ^ j_i 'x thirds of each 

standing the said objections, agree to pass the same, it house, not- 
shall, together with the objections, be sent to the other withstanding. 
branch of the legislature, where it shall also be reconsid- 
ered, and if approved by two-thirds of the members pres- 
ent, shall have the force of a law: but in all such cases, 
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. 

And in order to prevent unnecessary delays, if any bill For exception 
or resolve shall not be returned by the governor within joummentof 
five days after it shall have been presented, the same shall court within 

have the force of a law. 3 Mass. 567. selai^enJ*-^^' 

III. The general court shall forever have full power cgngraUo^rt 
and authority to erect and constitute judicatories and may constitute 
courts of record, or other courts, to be held in the name courts of Vlc- 
of the commonwealth, for the hearing, trying, and deter- Ta'rly,'!. 
mining of all manner of crimes, offences, pleas, processes, {54^'^'^^' ^"' 
plaints, actions, matters, causes, and things, whatsoever, ^^ent^Ar't' 
arising or happening within the commonwealth, or between j^?^^t[^;'^jj® 
or concerning persons inhabiting, or residing, or brought sect. 2, and f he 
within the same: whether the same be criminal or civil, iii%ect. 2.' 
or whether the said crimes be capital or not capital, and 



12 



CONSTITUTION OF THE 



Courts, etc., 
may administer 
oaths. 



General court 
may enact laws, 

9 Gray, 426. 
4 Allen, 473. 
12 Allen, 223, 
237. 

lOOMass. 544, 
557. 

116 Mass. 467, 
470. 

For initiative 
and refer- 
endum, see 
amendments. 
Art. XLVIII. 
General court 
may enact 
laws, etc., not 
repugnant to 
the constitu- 
tion. 
6 Allen, 358. 

may provide 
for the election 
or appointment 
of officers. 
115 Mass. 602. 

may prescribe 
their duties. 



may impose 
taxes, etc. 
See amend- 
ments. 

Arts. XLI and 
XLIV. 
12 Mass. 252. 

5 Allen, 428. 

6 Allen, 558. 
8Allen,247, 253. 

10 Allen, 235. 

11 Allen, 268. 

12 Allen, 77, 
223, 2.35, 238. 
240, 298, 300, 
312,313,500,612. 
98 Mass. 19. 

100 Mass. 285. 

101 Mass. 575, 
585 

103 Mass. 267. 
114 Mass. 388, 
391. 

116 Mass. 461. 
118 Mass. 386, 
389. 

123 Mass. 493, 
495. 

127 Mass. 413. 

may impose 

taxes, etc., to 

be disposed of 



whether the said pleas be real, personal, or mixed; and 
for the awarding and making out of execution thereupon. 
To which courts and judicatories are hereby given and 
granted full power and authority, from time to time, to 
administer oaths or affirmations, for the better discovery 
of truth in any matter in controversy or depending before 
them. 

IV. And further, full power and authority are hereby 
given and granted to the said general court, from time to 
time to make, ordain, and establish, all manner of whole- 
some and reasonable orders, laws, statutes, and ordinances, 
directions and instructions, either with penalties or with- 
out; so as the same be not repugnant or contrary to this 
constitution, as they shall judge to be for the good and 
welfare of this commonwealth, and for the government 
and ordering thereof, and of the subjects of the same, and 
for the necessary support and defence of the government 
thereof; and to name and settle annually, or provide by 
fixed laws for the naming and settling, all civil officers 
within the said commonwealth, the election and consti- 
tution of whom are not hereafter in this form of govern- 
ment otherwise provided for; and to set forth the several 
duties, powers, and limits, of the several civil and mili- 
tary 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 
this constitution; and to impo.se and levy proportional 
and reasonable assessments, rates, and taxes, upon all the 
inhabitants of, and persons resident, and estates lying, 
within the said commonwealth; and also to impose and 
levy reasonable duties and excises upon any produce, 
goods, wares, merchandise, and commodities, whatsoever, 
brought into, produced, manufactured, or being within 
the same; to be issued and disposed of by warrant, under 
the hand of the governor of this commonwealth for the 
time being, with the advice and consent of the council, 
for the public service, in the necessary defence and sup- 
port of the government of the said commonwealth, and 
the protection and preservation of the subjects thereof, 
according to such acts as are or shall be in force within 
the same. 

And while the public charges of government, or any 
part thereof, shall be assessed on polls and estates, in the 



COMMOX^'EALTH OF M\SSACHUSETTS. 13 

maimer that has hitherto been practised, in order that for defence, 
such assessments may be made ^^'ith equality, there shall ^ AUen. 247, 
be a valuation of estates -w-ithin the commonwealth, taken valuation of 
anew once in ever>' ten years at least, and as much oftener ^^^^^^^'^^"^ 
as the general court shall order. le^,V ''%:• «*<^ 

^ S Allen, 24i . 

For the authority of the general court to charter cities, see amendments. Art. 11. 126 Mass. 547. 

For the state wide referendixm on bills and resolves of the general court, see amend- 
ments. Art. XLIl. .\rt. XLII annulled by initiative and referendum amendment, see 
amendments. Art. XLVITI, The referendum, VIII. 

For the power given the general court to provide by law for abeentee and comptilsory 
voting, see amendments. Arts. XLV and LXI. 

For the power given the general court to determine the manner of providing and dis- 
tributing the necessaries of life, etc., during time of war, public distress, etc., by the 
commonwealth and the cities and towns therein, see amendments. Art. XL\'II. 



CHAPTER I. 

Section IL 

Senate. 

Article I. [There shall be annually elected, by the Senate, number 
freeholders and other inhabitants of this commonwealth, wh^ elated. 
qualified as in this constitution is pro\-ided, forty persons am^dm^ts*^" 
to be councillors and senators for the year ensuing their which^'aiso 
election; to be chosen bv the inhabitants of the districts ^uper^dedby 

' . , . , amendments, 

into which the commonwealth may, from tune to tune, be Art. xxn. 
di\'ided by the general court for that purpose: and the 
general court, in assigning the numbers to be elected by 
the respective districts, shall govern themselves by the pro- 
portion of the pubUc taxes paid by the said districts; and 
timely make known to the inhabitants of the common- For provision as 
wealth the limits of each district, and the number of coun- see^mend-^' 
cillors and senators to be chosen therein; pro\-ided, that ^^'•«'-^^- 
the number of such districts shall never be less than thir- 
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, S^ct^JSit^. 
until the general court shall determine it necessary to ^*^- 
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, ^-iz.: — Suffolk, six; Essex, sLx; Middlesex, 
five; Hampshire, four; Phmouth, three; Barnstable, one; 
Bristol, three; York, two; Dukes County and Xantucket, 
one; Worcester, five; Cumberland, one; Lincoln, one; 
Berkshire, two.] 



14 



CONSTITUTION OF THE 



Manner and 
time of choosing 
senators and 
councillors. 
See amend- 
ments, Arts. X, 
XV, XLV and 
LXIV, sect. 1. 
As to cities, 
see amend- 
ments. Art. II. 
Provisions as to 
qualifications of 
voters, super- 
seded by 
amendments. 
Arts. Ill, XX, 
XXVIII, 
XXX, XXXI 
and XXXII. 
Word "inhabit- 
ant" defined. 
See also 
amendments. 
Art. XXIII, 
which was 
annulled by 
Art. XXVI. 
12 Gray, 21. 
122 Mass. 595, 
597. 



Selectmen to 
preside at town 
meetings. 



Retvirn of 
votes. 



As to cities, see 
amendments. 
Art. II. 



Time changed 
to first Wednes- 
day oi January. 
See amend- 
ments, Art. X. 



Inhabitants of 
unincorporated 
plantations, 
who pay state 
taxes, may 
vote. 



II. The senate shall be the first branch of the legisla- 
ture; and the senators shall be chosen in the following man- 
ner, viz.: there shall be a meeting on the [first Monday in 
April,] [annually,] forever, of the inhabitants of each town 
in the several counties of this commonwealth; to be called 
by the selectmen, and warned in due course of law% at 
least seven days before the [first ]SIonday in April,] for 
the purpose of electing persons to be senators and coun- 
cillors; [and at such meetings every male inhabitant of 
twenty-one years of age and upwards, having a freehold 
estate within the commonwealth, of the annual income of 
three pounds, or any estate of the value of sixty pounds, 
shall have a right to give in his vote for the senators for 
the district of which he is an inhabitant.] And to remove 
all doubts concerning the meaning of the word " inhabit- 
ant " in this constitution, every person shall be considered 
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 such 
meetings impartially; and shall receive the votes of all the 
inhabitants of such towns present and qualified to vote for 
senators, and shall sort and count them in open tow^n 
meeting, and in presence of the town clerk, who shall make 
a fair record, in presence of the selectmen, 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 the selectmen and the town 
clerk, and shall be sealed up, directed to the secretary of 
the commonwealth for the time being, with a superscription, 
expressing the purport of the contents thereof, and delivered 
by the town clerk of such towns, to the sheriff of the county 
in which such town lies, thirty days at least before [the last 
^Yednesday in ]\Iay] [annually;] or it shall be delivered into 
the secretary's office seventeen days at least before the said 
[last Wednesday in May:] and the sheriff of each county 
shall deliver all such certificates by him received, into 
the secretary's office, seventeen days before the said [last 
Wednesday in J\lay.] 

[And the inhabitants of plantations unincorporated, 
qualified as this constitution provides, who are or shall 
be empowered and required to assess taxes upon them- 
selves toward the support of government, shall have the 



COMMONWEALTH OF MASSACHUSETTS. 15 

same privilege of voting for councillors and senators in the 
plantations where they reside, as town inhabitants have in 
their respective towns; and the plantation meetings for that Plantation 
purpose shall be held annually [on the same first Monday Timeofeiec- 
in April], at such place in the plantations, respectively, as by°amen°d^^ 
the assessors thereof shall direct; which assessors shall have St"*^*' ^^^' 
like authority for notifying the electors, collecting and Assessors to 
returning the votes, as the selectmen and town clerks have 
in their several towns, by this constitution. And all other 
persons living in places unincorporated (qualified as afore- 
said) who shall be assessed to the support -of government 
by the assessors of an adjacent town, shall have the privilege 
of giving in their votes for councillors and senators in the 
town where they shall be assessed, and be notified of the 
place of meeting by the selectmen of the town where they 
shall be assessed, for that purpose, accordingly.] 

III. And that there may be a due convention of senators Governor and 
on the [last Wednesday in May] annually, the governor with an'dnelnV' 
five of the council, for the time being, shall, as soon as may anTL^ue*^^' 
be, examine the returned copies of such records ; and four- summonses. 
teen days before the said day he shall issue his summons to to first 
such persons as shall appear to be chosen by [a majority of] January by 
voters, to attend on that day, and take their seats accord- Art^"x!^^" ^' 
ingly: provided, nevertheless, that for the first year the ^^^"""^^/tg 
said returned copies shall be examined by the president and plurality by 
five of the council of the former constitution of govern- Art. xiv. 
ment; and the said president shall, in like manner, issue 

his summons to the persons so elected, that they may take 
their seats as aforesaid. 

IV. The senate shall be the final judge of the elections, senate to be 
returns and qualifications of their own members, as pointed eiectionsfetc., 
out in the constitution; and shall, [on the said last Wednes- me\nb°rs'^ 
day in May] [annually,] determine and declare who are ^ fet^^"^^'^ 
elected bv each district to be senators [bv a majority of Wednesday of 

',. , 111 11P11 January by 

votes; and in case there shall not appear to be the full amendments, 
number of senators returned elected by a majority of votes Majority 
for any district, the deficiency shall be supplied in the fol- '^\^"^^f ^^ 
lowing manner, viz.: The members of the house of repre- amendments, 
sentatives, and such senators as shall be declared elected, 
shall take the names of such persons as shall be found to 
have the highest 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 senators sufficient to fill up the vacan- 



16 



CONSTITUTION OF THE 



Vacancies, how 
filled. 

Changed to 
election by 
people. 
See amend- 
ments, Art. 
XXIV. 

Qualifications 
of a senator. 
Property qual- 
ification abol- 
ished. 
See amend- 
ments. Art. 
XIII. 

For further 
provision as to 
residence, see 
also amend- 
ments. Art. 
XXII. 



Senate not to 
adjourn more 
than two days. 
See amend- 
ments, Art. LII, 

shall choose 
its officers and 
establish its 
rules. 

shall try all 
impeachments. 



Oath. 



Limitation of 
sentence. 



Quorum. 
See amend- 
ments. Arts. 
XXII and 
XXXIII. 



cies in such district; and in this manner all such vacancies 
shall be filled up in every district of the commonwealth; 
and in like manner all vacancies in the senate, arising by 
death, removal out of the state, or otherwise, shall be sup- 
plied as soon as may be, after such vacancies shall happen.] 

V. Provided, nevertheless, that no person shall be 
capable of being elected as a senator, [who is not seised in 
his own right of a freehold, within this commonwealth, of the 
value of three hundred pounds at least, or possessed of per- 
sonal estate to the value of six hundred pounds at least, 
or of both to the amount of the same sum, and] who has not 
been an inhabitant of this commonwealth for the space of 
five years immediately preceding his election, and, at the 
time of his election, he shall be an inhabitant in the district 
for Mhich he shall be chosen. 

VI. The senate shall have power to adjourn themselves, 
provided such adjournments do not exceed two days at a 
time. 

VII. The senate shall choose its own president, appoint 
its own officers, and determine its own rules of proceedings. 

VIII. The senate shall be a court with full authority to 
hear and determine all impeachments made by the house of 
representatives, against any officer or officers of the com- 
monwealth, for misconduct and mal-administration 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 charge in question, 
according to evidence. Their judgment, however, shall not 
extend further than to removal from office and disqualifica- 
tion to hold or enjoy any place of honor, trust, or profit, 
under this commonAvealth ; 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 quorum for doing business.] 



CHAPTER I. 

Section HI. 

House of Representatives. 

?fThfSpie°° Article I. There shall be, in the legislature of this com- 
monwealth, a representation of the people, annually elected, 
and founded upon the principle of equality. 

For change to biennial elections, see amendments, Art. LXIV, sect. 1. 



COMMONWEALTH OF ]MASSACHUSETTS. 17 

II. [And in order to provide for a representation of the Representa- 
citizens of this commonwealth, founded upon the principle cl7o*sen/ ^ ""^ 
of equality, every corporate town containing one hundred fmenlments^^ 
and fifty ratable polls may elect one representative; every ^m wWch"^ 
corporate town containing three hundred and seventy-five ^^re also 

^, , I-, 1 . superseded by 

ratable polls may elect two representatives; every corporate amendments, 
town containing six hundred ratable polls may elect three 7 Massfsa's. 
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, Proviso as to 

, , , ' T n f 11 11 1 towns having 

not havmg one hundred and nity ratable polls, may elect less than iso 
one representative; but no place shall hereafter be incor- '^^^ *^^° *' 
porated with the privilege 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 Towns liable 
time to time to impose fines upon such towns as shall neglect etc. ^^ '° '^^^' 
to choose and return members to the same, agreeably to this 
constitution. 

[The expenses of travelling to the general assembly, and ^avemn| to 
returning home, once in every session, and no more, shall and from the 

.,, , (•! IT general court, 

be paid by the government, out of the public treasury, to how paid. 
every member who shall attend as seasonably as he can, in Art. xxxv. 
the judgment of the house, and does not depart without 
leave.] 

III. Every member of the house of representatives shall of^a^'epr^*"^^ 
be chosen bv written votes; [and, for one vear at least next sentative. 

,. , ."^ , . 1 11 1 1 •' 1 1 • c 1 ^ew provision 

preceding his election, shall have been an inhabitant oi, and as to residence. 
have been seised in his own right of a freehold of the value ments, Art. 
of one hundred pounds within the town he shall be chosen property quai- 
to represent, or any ratable estate to the value of two hun- ^^^^'"j^"! ^^°'' 
dred pounds; and he shall cease to represent the said tow^n amendments, 
immediately on his ceasing to be qualified as aforesaid.] 

IV. [Every male person, being twenty-one years of age. Qualifications 
and resident in any particular town in this commonwealth These provi- 
for the space of one year next preceding, having a freehold seded^by'^'" 
estate within the said town of the annual income of three Arts"in!xx, 
pounds, or any estate of the value of sixty pounds, shall xxx '^xxxi, 
have a right to vote in the choice of a representative or ^|^^p^ ^^^ 
representatives for the said town.] 

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

V. [The members of the house of representatives shall t^X.^^'hen' 
be chosen annually in the month of INIay, ten days at least chosen. 
before the last Wednesday of that month.] 

Time of election changed by amendments, Art. X, and changed again by amend- 
ments, Art. XV. 



18 



CONSTITUTION OF THE 



House alone 
can impeach. 



House to origi- 
nate all money 
bills. 



Not to adjourn 
more than t^\ o 
daj-s. 

See amend- 
ments, Art. LH, 

Quorum . 
See amend- 
ments, Arts. 
XXI and 

xxxni. 

To judge of 
returns, etc., 
its own mem- 
bers ; to choose 
its officers and 
establish its 
rules, etc. 
May punish 
for certain 
offences. 
14 Gray. 226. 



of 



Privileges of 
members. 



Senate. 
Governor and 
council may 
punish. 

General limita- 
tion. 
14 Gray, 226. 



Trial may be 
by committee, 
or otherwise. 



VI. The house of representatives shall be the grand in- 
quest of this commonwealth; and all impeachments made 
by them shall be heard and tried by the senate. 

VII. All money bills shall originate in the house of repre- 
sentatives; but the senate may propose or concur with 
amendments, as on other bills. 

VIII. The house of representatives shall have power to 
adjourn themselves; provided such adjournment shall 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- 
ness.] 

X. The house of representatives shall be the judge of 
the returns, elections, and qualifications of its own members, 
as pointed out in the constitution; shall choose their own 
speaker; appoint their own officers, and settle the rules and 
orders of proceeding in their own house. They shall have 
authority to punish by imprisonment every person, not a 
member, who shall be guilty of disrespect 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 house, in his way in going or returning; 
or who shall rescue any person arrested by the order of the 
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. 

XI. The senate shall have the same powers in the like 
cases; and the governor 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 con- 
cerned, 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. 



COMMONWEALTH OF MASSACHUSETTS. 19 

CHAPTER II. 

EXECUTIVE POWER. 

Section I. 

Governor. 

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

II. The governor shall be chosen [annually;] and no per- To be chosen 
son shall be eligible to this office, unless, at the time of his For cLnge to 
election, he shall have been an inliabitant of this common- llons'l'sie''^^''' 
wealth for seven years next preceding; [and unless he shall irt'l'Lxiv!^' 
at the same time be seised, in his own right, of a freehold, q*'*^' ^'*'. 
within the commonwealth, of the value of one thousand seeamend- 
pounds;] [and unless he shall declare himself to be of the viTan/"^*^' 
Christian religion.] xxxiv. 

III. Those persons who shall be qualified to vote for By whom 
senators and representatives within the several towns of havea'major- 
this commonwealth shall, at a meeting to be called for that sJ^ ame°nd-' 
purpose, on the [first Monday of April] [annually,] give in ^f^"^^' '^'*- 
their votes for a governor, to the selectmen, who shall preside Time of eiec- 
at such meetings; and the town clerk, in the presence and by amend- 
with the assistance of the selectmen, shall, in open town x? and 
meeting, sort and count the votes, and form a list of the by^'am^nd?^''' 
persons voted for, with the number of votes for each person g^nts, Art. 
against his name; and shall make a fair record of the same 

in the town books, and a public declaration thereof in the As to cities, see 

said meeting; and shall, in the presence of the inhabitants. Art. il 

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 

May] ; and the sheriff shall transmit the same to the secre- Time changed 

tary's office, seventeen days at least before the said [last Wednesday of 

Wednesday in INIay] ; or the selectmen may cause returns of ameSe^/ts. 

the same to be made to the office of the secretary of the ^rt. x. 

commonwealth, seventeen days at least before the said day; 

and the secretary shall lay the same before the senate and 

the house of representatives on the [last Wednesday in May], 

to be by them examined; and in case of an election by a changed to 

[majority] of all the votes returned, the choice shall be by amindmenfs. 

Art. XIV. 



20 



CONSTITUTION OF THE 



How chosen, 
when no per- 
son has a 
plurality. 



Power of gov- 
ernor, and of 
governor and 
council. 



May adjourn 
or prorogue the 
general court 
upon request, 
and convene 
the same. 
As to dissolu- 
tion, see 
amendments, 
Art. X. 



As to dissolu- 
tion, see 
amendments, 
Art. X. 
Governor and 
council may 
adjourn the 
general court 
in cases, etc., 
but not ex- 
ceeding ninety 
days. 



Governor to be 
commander-in- 
chief. 

This article 
annulled and 
superseded by 
amendments, 
Art. LIV. 



them declared and published; but if no person shall have a 
[majority] of votes, the house of representatives shall, by 
ballot, elect two out of four persons who had the highest 
number of votes, if so many shall have been voted for; but, 
if otherwise, 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 
time, at his discretion, to assemble and call together the 
councillors of this commonwealth for the time 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, agreeably to the constitution and the laws 
of the land. 

V. The governor, with advice of council, shall have full 
power and authority, during the session of the general court, 
to adjourn or prorogue the same to any time the two houses 
shall desire; [and to dissolve the same on the day next pre- 
ceding the last Wednesday in INIay; and, 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 commonwealth 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 happening, whereby 
danger may arise to the health or lives of the members from 
their attendance, 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 ]\Iay.] 

VI. In cases of disagreement between the two houses, 
with regard to the necessity, expediency, or time of adjourn- 
ment or prorogation, the governor, with advice of the coun- 
cil, shall have a right to adjourn or prorogue the general 
court, not exceeding ninety days, as he shall determine the 
public good shall require. 

VII. [The governor of this commonwealth, for the time 
being, shall be the commander-in-chief 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 com- 
mander, or other officer or officers, from time to time, to 
train, instruct, exercise, and govern the militia and navy; 



COMMONWEALTH OF MASSACHUSETTS. 21 

and, for the special defence and safety of the commonwealth, 
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, by force 
of arms, as well by sea as by land, within or without the 
limits of this commonwealth, and also to kill, slay, and 
destroy, if necessary, and conquer, by all fitting ways, enter- 
prises, and means whatsoever, all and every such person and 
persons as shall, at any time hereafter, in a hostile manner, 
attempt or enterprise the destruction, invasion, detriment, 
or annoyance of this commonwealth; and to use and exer- 
cise, over the army and navy, and over the militia 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 
occasion shall necessarily require; and to take and surprise, 
by all ways and means whatsoever, all and every such per- 
son or persons, with their ships, arms, ammunition, and 
other goods, as shall, in a hostile manner, invade, or attempt 
the invading, conquering, or annoying this commonwealth; 
and that the governor be intrusted with all these and other 
powers, incident to the offices of captain-general and com- 
mander-in-chief, and admiral, to be exercised agreeably to 
the rules and regulations of the constitution, and the laws 
of the land, and not otherwise. 

Provided, that the said governor shall not, at any time Limitation. 
hereafter, by virtue of any power by this constitution 
granted, or hereafter to be granted to him by tlie legislature, 
transport any of the inhabitants of this commonwealth, or 
oblige them to march out of the limits of the same, without 
their free and voluntary consent, or the consent of the gen- 
eral court; except so far as may be necessary to march or 
transport them by land or water, for the defence of such 
part of the state to which they cannot otherwise con- 
veniently have access.] 

VIII. The power of pardoning offences, except such Governor and 
as persons may be convicted of before the senate by an pardon 
impeachment of the house, shall be in the governor, by excTpTetc. 
and with the advice of council; but no charter of pardon, But not before 
granted by the governor, wdth advice of the council before 109 iFi's°323. 
conviction, shall avail the party pleading the same, notwith- 
standing any general or particular expressions contained 

therein, descriptive of the offence or offences intended to be 
pardoned. 

IX. All judicial officers, [the attorney-general,] the cersfetc°how 
solicitor-general, [all sheriffs,] coroners, [and registers of pro- appoiJiUd! ''"'^ 



22 



CONSTITUTION OF THE 



For provisions 
as to election 
of attorney- 
general, see 
amendments, 
Arts. XVII 
and LXIV, 
sect. 1. 



Militia officers, 
how elected. 
Limitation of 
age struck out 
by amend- 
ments. Art. V. 
This article 
annulled and 
superseded by 
amendments, 
Art. LIII. 



How commis- 
sioned. 



Election of 
officers. 



Major-generals, 
how appointed 
and commis- 
sioned . 



^'acancies, how 
filled, in case, 
etc. 



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



Adjutants, etc. 
how appointed. 



Army officers, 
how appointed. 



Organization of 
militia. 



bate,] shall be nominated and appointed by the governor, 
by and with the advice and consent of the council; and every 
such nomination shall be made by the governor, and made 
at least seven days prior to such appointment. 

For provision as to election of sheriffs, registers of probate, etc., see amendments. 
Art. XIX. 

For provision as to appointment of notaries public, see amendments. Arts. I^^ and 
LVII. 

Appointment, tenure, etc., of judges not to be the subject of an initiative or 
referendum petition; see amendments, Art. XLVIII, The initiative, II, sect. 2, and The 
referendum, III, sect. 2. 

X. [The captains and subalterns of the militia shall be 
elected by the written votes of the train-band and alarm 
list of their respective companies, [of twenty-one years of 
age and upwards;] the field officers of regiments shall be 
elected by the written votes of the captains and subalterns 
of their respective regiments; the brigadiers shall be elected, 
in like manner, by the field officers of their respective bri- 
gades; and such officers, so elected, shall be commissioned 
by the governor, who shall determine their rank. 

The legislature shall, by standing laws, direct the time 
and manner of convening the electors, and of collecting 
votes, and of certifying to the governor, the officers elected. 

The major-generals shall be appointed, by the senate and 
house of representatives, each having a negative upon the 
other; and be commissioned by the governor. 

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

And if the electors of brigadiers, field officers, captains or 
subalterns, shall neglect or refuse to make such elections, 
after being duly notified, according to the laws for the time 
being, then the governor, with advice of council, shall ap- 
point suitable persons to 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- 
martial, pursuant to the laws of the commomvealth for the 
time being.] 

The commanding officers of regiments shall appoint their 
adjutants and cjuartermasters ; the brigadiers their brigade- 
majors; and the major-generals their 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 confederation 
of the United States it is provided that this commonwealth 
shall appoint, as also all officers of forts and garrisons. 

The divisions of the militia into brigades, regiments, and 
companies, made in pursuance of the militia laws now in 



COMMONWEALTH OF INIASSACHUSETTS. 23 

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 treasury of du-aw^n from the 
this commonwealth, and disposed of (except such sums as exge^f^gj,. 
.may be appropriated for the redemption of bills of credit is Alien, 593. 
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 coun- 
cil, for the necessary defence and support of the common- 
wealth; and for the protection and preservation of the in- 
habitants thereof, agreeably to the acts and resolves of the 
general court. 

Certain appropriations of money from treasury not to be subjects of initiative or refer- 
endum petition. See amendments, Art. XLVIII, The initiative, II, sect. 2, and The 
referendum, III, sect. 2. 

XII. All public boards, the commissary-general, all su- ah public 
perintending officers of public magazines and stores, belong- mTke quarterly 
ing to this commonwealth, and all commanding officers of '■®*^'^™s- 
forts and garrisons within the same, shall once in every 

three months, officially, and without requisition, and at other 
times, when required by the governor, deliver to him an 
account of all goods, stores, provisions, ammunition, cannon 
with their appendages, and small arms with their accoutre- 
ments, and of all other public property whatever under their 
care respectively; distinguishing the quantity, number, qual- 
ity and kind of each, as particularly as may be; together with 
the condition of such forts and garrisons; and the said com- 
manding officer shall exhibit to the governor, when required 
by him, true and exact plans of such forts, and of the land 
and sea or harbor or harbors, adjacent. 

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

XIII. As the public good requires that the governor Salary of 
should not be under the undue influence of any of the mem- ^°"^^'^°°^- 
bers of the general court by a dependence on them for his 
support, that he should in all cases act with freedom 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 common- 
wealth in the character of its chief magistrate, it is necessary 
that he should have an honorable stated salary, of a fixed 
and permanent value, amply sufficient for those purposes, 



24 



CONSTITUTION OF THE 



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 established 
by law for the justices of the supreme judicial court. 

Compensation of judges not to be the subject of an initiative or referendum petition ; 
see amendments, Art. XLVIII, Tbie initiative, II, sect. 2, and The referendum, III, 
sect. 2. 

fniargedu^^ And if it shall be found that any of the salaries aforesaid, 
insufficient. go established, are insufficient, they shall, from time to time, 
be enlarged, as the general court shall judge proper. 



Salaries of jus- 
tices of su- 
preme judicial 
court. 



Lieutenant- 
governor; his 
title and 
qualifications. 
See amend- 
ments, Arts. 
VII and 
XXXIV. 

For change 
to biennial 
elections, see 
amendments. 
Art. LXIV, 
sect. 1. 
How chosen. 
Election by 
plurality pro- 
vided for by 
amendments. 
Art. XIV. 



President of 
council. 
Lieutenant- 
governor a 
member of, 
except, etc. 



Lieutenant- 
governor to be 
acting gov- 
ernor, in case, 
etc. 

See amend- 
ments, Art. LV, 



CHAPTER II. 

Section II. 

Lieutenant-Governor. 

Article I. There shall be [annually] elected a lieutenant- 
governor of the commonwealth of Massachusetts, whose title 
shall be — His Honor; and who shall be qualified, in point 
of [religion,] [property,] and residence in the commonwealth, 
in the same manner with the governor; and the day and 
manner of his election, and the qualifications of the electors, 
shall be the same as are required in the election of a governor. 
The return of the votes for this officer, and the declaration of 
his election, shall be in the same manner; and if no one per- 
son shall be found to have [a majority] of all the votes re- 
turned, the vacancy shall be filled by the senate and house 
of representatives, in the same manner as the governor is to 
be elected, in case no one person shall have [a majority] of 
the votes of the people to be governor. 

II. The governor, and in his absence the . lieutenant- 
governor, shall be president of the council, but shall have 
no vote in council ; and the lieutenant-governor shall always 
be a member of the council, except when the chair of the 
governor shall be vacant. 

III. Whenever the chair of the governor shall be vacant, 
by reason of his death, or absence from the commonwealth, 
or otherwise, the lieutenant-governor, for the time being, 
shall, during such vacancy, perform all the duties incumbent 
upon the governor, and shall have and exercise all the 
powers and authorities, which by this constitution the 
governor is vested with, when personally present. 



COMMONWEALTH OF MASSACHUSETTS. 25 

CHAPTER II. 
Section III. 

Council, and the Marnier of settling Elections hy the Legis- 
lature. 

Article I. There shall be a council for advising the Council. 
governor in the executive part of the government, to consist cou^Tcifior" 
of [nine] persons besides the lieutenant-governor, whom the efgli"^''^ *° 
governor, for the time being, shall have full power and ^'e^ntrAr't 
authority, from time to time, at his discretion, to assemble xvi. 
and call together; and the governor, with the said coun- 
cillors, 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, according to the laws of 
the land. 

II. [Nine councillors shall be annually chosen from Number; from 
among the persons returned for councillors and senators, on how^cWn. 
the last Wednesday in May, by the joint ballot of the sen- ^^f^^f^enL. 
ators and representatives assembled in one room; and in Arts, x and 
case there shall not be found upon the first choice, the whole Superseded by 

, „ . 1 -11 . , ' •^ -1 amendments, 

number oi nme persons who will accept a seat m the council, Art. xvi. 

the deficiency shall be made up by the electors aforesaid 

from among the people at large; and the number of senators 

left shall constitute the senate for the year. The seats of JomTcouMii-' 

the persons thus elected from the senate, and accepting the ["''be^vaiatld*^^ 

trust, shall be vacated in the senate.] 

III. The councillors, in the civil arrangements of the Rank of 

1111 1 p 1 !• councillors. 

commonwealth, shall have rank next after the lieutenant- 
governor. 

IV. [Not more than two councillors shall be chosen out ha°vf more* *" 
of any one district of this commonwealth.] than two. 

Superseded by amendments, Art. XVI. 

V. The resolutions and advice of the council shall be Register of 
recorded in a register, and signed by the members present; 

and this record may be called for at any time by either house 
of the legislature; and any member of the council may insert 
his opinion, contrary to the resolution of the majority. 

VI. [Whenever the ofiice of the governor and lieutenant- council to 

1111 1 Pill exercise the 

governor shall be vacant, by reason of death, absence, or power of gov- 
otherwise, then the council, or the major part of them, shall, etc. 
during such vacancy, have full power and authority to do, annufild'and 
and execute, all and every such acts, matters, and things, as lUfendmlnts,^ 
the governor or the lieutenant-governor might or could, by ^"^^^ ^^- 



26 



CONSTITUTION OF THE 



Elections may 
be adjourned 
until, etc. 



Order thereof. 
Superseded by 
amendments, 
Arts. XVI and 
XXV. 



virtue of this constitution, do or execute, if they, or either 
of them, were personally present.] 

VII. [And whereas the elections appointed to be made, 
by this constitution, on the [last Wednesday in May annu- 
ally,] by the two houses of the legislature, may not be com- 
pleted on that day, the said elections may be adjourned 
from day to day until the same shall be completed. And 
the order of elections shall be as follows: [the vacancies in 
the senate, if any, shall first be filled up;] the governor and 
lieutenant-governor shall then be elected, provided there 
should be no choice of them by the people; and afterwards 
the two houses shall proceed to the election of the council.] 



Secretary, etc., 
by whom and 
how chosen. 
For provision 
as to election 
of secretary, 
treasurer and 
receiver-gen- 
eral, auditor 
and attorney- 
general, eee 
amendments, 
Arts. XVII and 
LXIV, sect. 1. 
Treasurer in- 
eligible for 
more than five 
successive 
years. 



Secretary to 
keep records; 
to attend the 
governor and 
council, etc. 



CHAPTER II. 

Section IV. 

Secretary, Treasurer, Commissary, etc. 

Article I. [The secretary, treasurer and receiver-general, 
and the commissary-general, notaries public, and naval 
officers, shall be chosen annually, by joint ballot of the 
senators and representatives in one room. And, that the 
citizens of this commonwealth may be assured, from time to 
time, that the moneys remaining in the public treasury, upon 
the settlement and liquidation of the public accounts, are 
their property, no man shall be eligible as treasurer and 
receiver-general more than five years successively.] 

For provision as to appointment of notaries public and the commissary-general, see 
amendments. Arts. IV and LVII. 

Treasurer and receiver-general ineligible to election for more than three successive 
terms. See amendments. Art. LXIV, sect. 2. 

II. The records of the commonwealth shall be kept in 
the office of the secretary, 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. 



JUDICIARY POWER. 

Smmfssfonid Aiticle I. The tenure, that all commission officers shall 
ffi^ress^^^ by law have in their offices, shall be expressed in their 
Judicial officers rcspcctive commissions. All judicial officers, duly ap- 



COIMMONWEALTH OF ]\IASSACHUSETTS. 27 

pointed, commissioned and sworn, shall hold their offices during good 
during good behavior, excepting such concerning whom there cept, etc' 
is different provision made in this constitution: provided, removed on 
nevertheless, the governor, with consent of the council, may ^'^'^''^^■ 
remove them upon the address of both houses of the legis- 
lature. 

For tenure, etc., of judges, see amendments, Art. XLVIII, The initiative, II, sect. 
2, and The referendum. III, sect. 2. 

For retirement of judicial officers, see amendments, Art. LVIII. 

II. Each branch of the legislature, as well as the Justices of su- 
governor and council, shall have authority to require court to give 
the opinions of the justices of the supreme judicial court, ?|'qui?ed.'' 
upon important questions of law, and upon solemn occa- }26Mass!557; 
sions. ^^^• 

III. In order that the people mav not suffer from the Justices of the 

I, . '' . PI 1 peace: tenure 

long continuance in place of any justice or the peace who of their office. 

shall fail of discharging the important duties of his office 

with ability or fidelity, all commissions of justices of the 

peace shall expire and become void, in the term of seven 

vears from their respective dates; and, upon the expiration For removal of 

' „ • • ,1 •(• 1 J justices of the 

01 any commission, the same may, it necessary, be renewed, peace, see 
or another person appointed, as shall most conduce to the An^'xxxvii. 
well-being of the commonwealth. 

rV. The judges of probate of wills, and for granting ^^f]^^'°"rJ.°'' 
letters of administration, shall hold their courts at such place bate courts 
or places, on fixed days, as the convenience of the people 
shall require; and the legislature shall, from time to time, 
hereafter, appoint such times and places; until which ap- 
pointments, the said courts shall be holden at the times and 
places which the respective judges shall direct. 

V. All causes of marriage, divorce, and alimony, and all dlvo"cl,^and 
appeals from the iudges of probate, shall be heard and ?^J'["°"y- 

1 . , , 1 1 • -i -1 1 1 • 1 Other pro- 

determmed by the governor and council, until the legislature visions made 
shall, by law, make other provision. ne mms. 317. 105 Mass. 327. 



CHAPTER IV. 

DELEGATES TO CONGRESS. 

IThe delegates of this commonwealth to the congress of Delegates to 
the United States, shall, some time in the month of June, 
annually, be elected by the joint ballot of the senate and 
house of representatives, assembled together in one room; to 
serve in congress for one year, to commence on the first 
Monday in November then next ensuing. They shall have 



28 



CONSTITUTION OF THE 



commissions under the hand of the governor, and the great 
seal of the commonwealth ; but may be recalled at any time 
within the year, and others chosen and commissioned, in the 
same manner, in their stead.] 



CHAPTER V. 



Harvard 
College. 



Powers, privi- 
leges, etc., of 
the president 
and fellows, 
confirmed. 



All gifts, 
grants, etc., 
confirmed. 



THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OF 
LITERATURE, ETC. 

Section I. 
The University. 

Article I. Whereas our wise and pious ancestors, so 
early as the year one thousand six hundred and thirty-six, 
laid the foundation of Harvard College, in which university 
many persons of great eminence have, by the blessing of 
God, been initiated in those arts and sciences which qualified 
them for public employments, both in church and state; 
and whereas the encouragement 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 Harvard College, in 
their corporate capacity, and their successors in that capac- 
ity, their officers and servants, shall have, hold, use, exer- 
cise, and enjoy, all the powers, authorities, rights, liberties, 
privileges, immunities, and franchises, which they now have, 
or are entitled to have, hold, use, exercise, and enjoy; and 
the same are hereby ratified and confirmed unto them, the 
said president and fellows of Harvard College, and to their 
successors, and to their officers and servants, respectively, 
forever. 

II. And whereas there have been at sundry times, by 
divers persons, gifts, grants, devises of houses, lands, tene- 
ments, goods, chattels, legacies, and conveyances, heretofore 
made, either to Harvard College in Cambridge, in New 
England, or to the president and fellows of Harvard College, 
or to the said college by some other description, under 
several charters, successively; it is declared, that all the 
said gifts, grants, devises, legacies, and conveyances, are 
hereby forever confirmed unto the president and fellows of 
Harvard College, and to their successors in the capacity 



COMMONWEALTH OF MASSACHUSETTS. 29 

aforesaid, according to the true intent and meaning of the 
donor or donors, grantor or grantors, devisor or devisors. 

III. [And whereas, by an act of the general court of the 
colony of Massachusetts Bay, passed in the year one thou- 
sand six hundred and forty-two, the governor and deputy- 
governor, for the time being, and all the magistrates of that 
jurisdiction, were, with the president, and a number of the 
clergy in the said act described, constituted the overseers of 
Harvard College; and it being necessary, in this new con- who shall be 
stitution of government to ascertain who shall be deemed °^'"'^^''^^' 
successors to the said governor, deputy-governor, and magis- 
trates; it is declared, that the governor, lieutenant-governor, see statutes, 
council, and senate of this commonwealth, are, and shall be I852; P^" 
deemed, their successors, who, with the president of Harvard J^^o, 212. 
College, for the time being, together with the ministers of jggg'j^j^lg 
the congregational churches in the towns of Cambridge, isqiI m. 

1895 45 

Watertown, Charlestown, Boston, Roxbury, and Dorchester, igge! 191. 
mentioned in the said act, shall be, and hereby are, vested 1902! 243'.* ' 
with all the powers and authority belonging, or in any way Jg}^' gyg; 
appertaining to the overseers of Harvard College; provided, 
that] nothing herein shall be construed to prevent the legis- Power of aitera- 
lature of this commonwealth from making such alterations in tLTiegishuure. 
the government of the said university, as shall be conducive 
to its advantage, and the interest of the republic of letters, 
in as full a manner as might have been done by the legis- 
lature of the late Province of the Massachusetts Bay. 



CHAPTER V. 

Section H. 

The Encouragement of Literature, etc. 

Wisdom and knowledge, as well as virtue, diffused gen- Dutyofiegis- 
erally among the body of the people, being necessary for the magistra"e' in 
preservation of their rights and liberties; and as these depend period^'' 
on spreading the opportunities and advantages of education i^oi" further 

,1 • i> 1 1 ^ Tr,' provisions as to 

m the various parts 01 the country, and among the difierent public schools, 
orders of the people, it shall be the duty of legislatures and mlnt^^Arts. 
magistrates, in all future periods of this commonwealth, to xlvl^"'^ 
cherish the interests of literature and the sciences, and all 503^"^"' ^°°' 
seminaries of them; especially the university at Cambridge, loa Mass. 94, 97. 
public schools and grammar schools in the towns; to en- 
courage private societies and public institutions, rewards and 



30 



CONSTITUTION OF THE 



Immunities, for the promotion of agriculture, arts, sciences, 
commerce, trades, manufactures, and a natural history of 
the country; to countenance and inculcate the principles of 
humanity and general benevolence, public and private 
charity, industry and frugality, honesty and punctuality in 
their dealings; sincerity, good humor, and all social affec- 
tions, and generous sentiments, among the people. 



CHAPTER VI. 



Oaths, etc. 



Abolished. 
See amend- 
ments, Art. 
VII. 



Declaration 
and oaths of 
all officers. 



For new oath 
of allegiance, 
see amend- 
ments, Art. VI. 



OATHS AND SUBSCRIPTIONS; INCOMPATIBILITY OF AND EX- 
CLUSION FROM offices; pecuniary qualifications; 
commissions; writs; confirmation of laws; habeas 
corpus; the enacting style; continuance of offi- 
cers; provision for a future revisal of the con- 
stitution, ETC. 

Article I. [Any person chosen governor, lieutenant- 
governor, councillor, senator, or representative, and accept- 
ing the trust, shall, before he proceed to execute the duties 
of his place or office, make and subscribe the following 
declaration, viz.: 

" I, A. B., do declare, that I believe the Christian reh- 
gion, and have a firm persuasion of its truth; and that I 
am seised and possessed, in my own right, of the property 
required by the constitution, as one qualification for the 
office or place to which I am elected." 

And the governor, lieutenant-governor, and councillors, 
shall make and subscribe the said declaration, in the presence 
of the two houses of assembly; and the senators and repre- 
sentatives, first elected under this constitution, before the 
president and five of the council of the former constitution; 
and forever afterwards before the governor and council for 
the time being.l 

And every person chosen to either of the places or offices 
aforesaid, as also any person appointed or commissioned to 
any judicial, executive, military, or other office under the 
government, shall, before he enters on the discharge of the 
business of his place or office, take and subscribe the follow- 
ing declaration, and oaths or affirmations, viz. : 

[" I, A. B., do truly and sincerely acknowledge, profess, 
testify, and declare, that the Commonwealth of Massachu- 
setts is, and of right ought to be, a free, sovereign, and 



COMMONWEALTH OF MASSACHUSETTS. 31 

independent state; and I do swear, that I will bear true 
faith and allegiance to the said commonwealth, and that I 
will defend the same against traitorous conspiracies and all 
hostile attempts whatsoever; and that I do renounce and 
abjure all allegiance, subjection, and obedience to the king, 
queen, or government of Great Britain (as the case may be), 
and every other foreign power whatsoever; and that no 
foreign prince, person, prelate, state, or potentate, hath, or 
ought to have, any jurisdiction, superiority, pre-eminence, 
authority, dispensing or other power, in any matter, civil, 
ecclesiastical, or spiritual, within this commonwealth, except 
the authority and power which is or may be vested by their 
constituents in the congress of the United States: and I do 
further testify and declare, that no man or body of men 
hath or can have any right to absolve or discharge me from 
the obligation of this oath, declaration, or affirmation; and 
that I do make this acknowledgment, profession, testimony, 
declaration, denial, renunciation, and abjuration, heartily 
and truly, according to the common meaning and acceptation 
of the foregoing w^ords, without any equivocation, mental 
evasion, or secret reservation whatsoever. So help me, 
God."] 

"I, A. B., do solemnly swear and affirm, that I will faith- Oath of office. 
fully and impartially discharge and perform all the duties 
incumbent on me as , according to the best of 

my abilities and understanding, agreeably to the rules and 
regulations of the constitution and the laws of the common- 
wealth. So help me, God." 

Provided, always, that when any person chosen or ap- Proviso, 
pointed as aforesaid, shall be of the denomination of the ments^Art'vi. 
people called Quakers, and shall decline taking the said 
oath[s], he shall make his affirmation in the foregoing form, 
and subscribe the same, omitting the words, ["/ do swear," 
*^and abjure," "oath or," "and abjuration," in the first oath, 
and in the second oath, the words] "swear and," and [in 
each of them] the words "So help me, God;" subjoining 
instead thereof, " This I do under the pains and penalties of 
perjury." 

And the said oaths or affirmations shall be taken and Oathsand 

..,,,, -. , amrmations, 

subscribed by the governor, lieutenant-governor, and coun- how adminis- 
cillors, before the president of the senate, m the presence 
of the two houses of assembly; and by the senators and 
representatives first elected under this constitution, before 
the president and five of the council of the former constitu- 



32 



CONSTITUTION OF THE 



Plurality of 
offices pro- 
hibited to gov- 
ernor, etc., 
except, etc. 
See amend- 
ments, Art. 
VIII. 



Same subject. 
1 Allen, 553. 



Incompatible 
offices. 

For further pro- 
visions as to 
incompatible 
offices, see 
amendments, 
Art. VIII. 
Officers of Har- 
vard College 
excepted by 
amendments. 
Art. XXVII. 



Incompatible 
offices. 



Bribery, etc., 
disqualify. 



tion; and forever afterwards before the governor and council 
for the time being; and by the residue of the officers afore- 
said, before such persons and in such manner as from time 
to time shall be prescribed by the legislature. 

II. No governor, lieutenant-governor, or judge of the 
supreme judicial court, shall hold any other office or place, 
under the authority of this commonwealth, except such as 
by this constitution they are admitted to hold, saving that 
the judges of the said court may hold the offices of justices 
of the peace through the state; nor shall they hold any other 
place or office, or receive any pension or salary from any 
other state or government or power whatever. 

No person shall be capable of holding or exercising at 
the same time, within this state, more than one of the fol- 
lowing offices, viz. : judge of probate — sheriff — register of 
probate — or register of deeds ; and never more than any 
two offices, which are to be held by appointment of the 
governor, or the governor and council, or the senate, or the 
house of representatives, or by the election of the people of 
the state at large, or of the people of any county, military 
offices, and the offices of justices of the peace excepted, shall 
be held by one person. 

No person holding the office of judge of the supreme 
judicial court — secretary — attorney-general — solicitor- 
general — treasurer or receiver-general — judge of probate 

— commissary-general — [president, professor, or instruc- 
tor of Harvard College] — sheriff* — clerk of the house of 
representatives — register of probate — register of deeds 

— clerk of the supreme judicial court — clerk of the inferior 
court of common pleas — or officer of the customs, including 
in this description naval officers — shnM at the same time 
have a seat in the senate or house of representatives; but 
their being chosen or appointed to, and accepting 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 any 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 



respecting 
commissions. 



COMMOIsm^EALTH OF MASSACHUSETTS. 33 

course of law, have been convicted of bribery or corruption 
in obtaining an election or appointment. 

III. [In all cases where sums of money are mentioned in Vaiue of money 
this constitution, the value thereof shall be computed in '*®^'"^ 
silver, at six shillings and eight pence per ounce; and it shall g^t^nj^ay '" 
be in the power of the legislature, from time to time, to be increased. 
increase such qualifications, as to property, or the persons to ments. Ans. 
be elected to offices, as the circumstances of the common- xxxiv. 
wealth shall require. 1 

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

V. All writs, issuing out of the clerk's office in any of the Provisions re- 
courts of law, shall be in the name of the Commonwealth of 2'pick!^592" 
Massachusetts; they shall be under the seal of the court ^s'^GrayfVi. 
from whence they issue; they shall bear test of the first 

justice of the court to which they shall be returnable, who is 
not a party, and be signed by the clerk of such court. 

VI. All the laws which 'have heretofore been adopted, g^mlr "aS." ''^ 
used, and approved in the Province, Colony, or State of ^x^pt, etj:. 
Massachusetts Bay, and usually practised on in the courts of 2 M.ass.^534.^^^ 
law, shall still remain and be in full force, until altered or le Pick. loV, 
repealed by the legislature; such parts only excepted as2Met. iis. 
are repugnant to the rights and liberties contained in this 
constitution, 

VII. The privilege and benefit of the writ of habeas Benefit of 
corpus shall be enjoyed in this commonwealth, in the most secured, ex- 
free, easy, cheap, expeditious, and ample manner; and shall ^^ '^'^■ 
not be suspended by the legislature, except upon the most 
urgent and pressing occasions, and for a limited time, not 
exceeding twelve months. 

VIII. The enacting style, in making and passing all acts. The enacting 
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 failure 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, holding ^"^ ' • ® ''• 
commissions under the government and people of Massa- 
chusetts Bay in New England, and all other officers of the 

said government and people, at the time this constitution 
shall take effect, shall have, hold, use, exercise, and enjoy, 



34 



CONSTITUTION OF THE 



Provision for 
revising con- 
stitution. 
For existing 
provision as to 
amendments, 
see amend- 
ments, Art. IX. 



Provision for 
revising con- 
stitution. 



Provision for 
preserving and 
publishing this 
conetitution . 



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 oflBcers, bodies, and powers shall continue in full 
force, in the enjoyment and exercise of all their trusts, em- 
ployments and authority; until the general court, and the 
supreme and executive officers under this constitution, are 
designated and invested with their respective trusts, powers, 
and authority.] 

X. [In order the more effectually to adhere to the prin- 
ciples of the constitution, and to correct those violations 
which by any means may be made therein, as well as to 
form such alterations as from experience shall be found 
necessary, the general court which shall be in the 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 plantations, directing 
them to convene the qualified voters of their respective 
towns and plantations, for the purpose of collecting their 
sentiments on the necessity or expediency of revising the 
constitution, in order to amendments. 

And if it shall appear, by the returns made, that two- 
thirds of the qualified voters throughout the state, who shall 
assemble and vote in consequence of the said precepts, are 
in favor of such revision or amendment, the general court 
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 delegates 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.] 

XI. This form of government shall be enrolled on parch- 
ment, and deposited in the secretary's office, and be a part 
of the laws of the land; and printed copies thereof shall be 
prefixed to the book containing the laws of this common- 
wealth, in all future editions of the said laws. 



Bill, etc., not 
approved 
within five 
days, not to 
become a law 



ARTICLES OF AMENDMENT. 

Article I. If any bill or resolve shall be objected to, and 
not approved by the governor; and if the general court shall 
adjourn within five days after the same shall have been 



COMMONWEALTH OF MASSACHUSETTS. 35 

laid before the governor for his approbation, and thereby if legislature 
prevent his returning it 'w^th his objections, as provided by mean time. 
the constitution, such bill or resolve shall not become a law, see const.,' ch. 
nor have force as such. ^'^^' ^^' ^^" 

Art. II. The general court shall have full power and em^wi^X 
authority to erect and constitute municipal or city govern- Jjl^fLs'^sIl' 
ments, in any corporate town or towns in this common- Seeamend- 
wealth, and to grant to the inhabitants thereof such powers, XLviiand' 
privileges, and immunities, not repugnant to the constitu- initiative, ii? 
tion, as the general court shall deem necessary or expedient referend^um,^^^ 
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 govern- Proviso. 
ment shall be erected or constituted in any town not con- 
taining 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, pur- 
suant to a vote at a meeting duly warned and holden for 
that purpose. And provided, also, that all by-laws, 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 twenty-one years of age QuaUfications 
and upwards, excepting paupers and persons under guardian- fovernol!'^'^ 
ship, who shall have resided within the commonwealth one governs,*' 
vear, and within the town or district in which he mav claim senators and 

• . • 1 1 t"^ representa- 

a right to vote, six calendar months next preceding anv tives. 

, , . „ ^^ ^ . \^ ^ " See amend- 

election ot governor, lieutenant-governor, senators, or repre- ments, Arta. 
sentatives, [and who shall have paid, by himself, or his xxxii, xl 
parent, master, or guardian, any state or county tax, which u pidi^^ss, 
shall, within two years next preceding such election, have If-p-^^i^ 341 
been assessed upon him, in anv town or district of this com- J* ^^f^^, J^Lo 

11 "• • 1 1 11 1 1 1 5 Met. 162, 298, 

monwealth; and also everv citizen who shall be, by law, 591,594. 

. .7 Gray, 299 

exempted from taxation, and who shall be, in all other 122 Mass. 595, 
respects, qualified as above mentioned,] shall have a right to mMass. 596. 
vote in such election of governor, lieutenant-governor, sen- For educational 

. ° , " 1 11 1 qualification, 

ators, and representatives; and no other person shall be seeamend- 
entitled to vote in such election. xx. 

For provision as to those who have served iR the army or navy in time of war, see 
amendments, Arts. XXVIII and XXXI. See also amendments, Art. XXIII, which was 
annulled by amendments. Art. XXVI. 

For absentee voting, see amendments. Art. XLV. 

Art. IV. Notaries public shall be appointed by the gov- Notaries pub- 
ernor in the same manner as judicial officers are appointed, apboinTed 

and removed. 



36 



CONSTITUTION OF THE 



See amend- 
ments, Art. 
XXXVII. 



Vacancies in 
the offices of 
secretary and 
treasurer, how 
filled. 

This clause 
superseded by 
amendments. 
Art. XVII. 



Commissary- 
general may be 
appointed, in 
case, etc. 



Militia officers, 
how removed. 



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 legislature. 

For appointment of women as notaries public, see amendments, Art. LVII. 

[In case the office of secretary or treasurer of the com- 
monwealth shall become vacant from any cause, during the 
recess of the general court, the governor, with the adxice 
and consent of the council, shall nominate and appoint, 
under such regulations as may be prescribed by law, a com- 
petent 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 re- 
quire the appointment of a commissary-general, he shall be 
nominated, appointed, and commissioned, in such manner 
as the legislature may, by law, prescribe. 

AH officers commissioned to command in the mihtia may 
be removed from office in such manner as the legislature 
may, by law, prescribe.] 

Last two paragraphs of Art. IV annulled and superseded by amendments. Art. LIII. 

Who may vote Alt. V. [In the clcctions of captains and subalterns of 
subalterns. the militia, all the members of their respective companies, 

as well those under as those above the age of twenty-one 

years, shall have a right to vote.] 

This article annulled and superseded by amendments. Art. LIII. 

Art. VI. Instead of the oath of allegiance prescribed by 
the constitution, the following oath shall be taken and sub- 
scribed b}' every person chosen or appointed to any office, 
civil or military, under the government of this common- 
wealth, before he shall enter on the duties of his office, 
to wit : — 

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

Provided, That when any person shall be of the denomina- 
tion called Quakers, and shall decline taking said oath, he 
shall make his affirmation in the foregoing form, omitting 
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." 

Art. VII. No oath, declaration, or subscription, except- 
ing the oath prescribetl in the preceding article, and the 
oath of office, shall be required of the governor, lieutenant- 



Oath to be 
taken by all 
officers. 
See Const., 
Ch. VL Art. I. 



Proviso. 
Quakers may 
affirm. 



Tests abol- 
ished. 



COMIMOXWEALTH OF MASSACHUSETTS. 37 

governor, councillors, senators, or representatives, to qualify 
them to perform the duties of their respective offices. 

Art. VIII. No judge of any court of this commonwealth, incompatibility 
(except the court of sessions,) and no person holding any 122 Mass! 445, 
office under the authority of the United States, (postmasters i23Mass. 525. 
excepted,) shall, at the same time, hold the office of gov- 
ernor, lieutenant-governor, or councillor, or have a seat in 
the senate or house of representatives of this commonwealth; 
and no judge of any court in this commonwealth, (except 
the court of sessions,) nor the attorney-general, solicitor- 
general, county attorney, clerk of any court, sheriflf, treas- 
urer and receiver-general, register 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 govern- 
ment of this commonwealth, the office of justice of the peace 
and militia offices excepted. 

Art. IX. [If, at any time hereafter, any specific and par- Amendments to 

,•1 1 , 1 X J. J.1 x'x J-* 1 constitution, 

ticular amendment or amendments to the constitution be how made. 
proposed in the general court, and agreed to by a majority Jn^nuiled'^by 
of the senators and two-thirds of the members of the house oeneral'pJ^' 
of representatives present and voting thereon, such proposed visions, viii. 
amendment or amendments shall be entered on the journals 
of the two houses, with the yeas and nays taken thereon, 
and referred to the general court then next to be chosen, and 
shall be published; 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 representatives present and 
voting thereon, then it shall be the duty of the general court 
to submit such proposed amendment or amendments to the 
people; and if they shall be approved and ratified by a 
majority of the qualified voters, voting thereon, at meetings 
legally warned and holden for that purpose, they shall be- 
come part of the constitution of this commonwealth.] 

Art. X. The political year shall begin on the first commence- 
Wednesday of January, instead of the last Wednesday of cai year. 
]May; and the general court shall assemble every year on si^ for /''^°^" 
the said first Wednesday of January, and shall proceed, at ^^nJSiiy"^ 
that session, to make all the elections, and do all the other ^nt^Arl' 
acts, which are by the constitution required to be made and lxiv, sect. 3. 



38 



CONSTITUTION OF THE 



Termination 
of political 
year. 



Governor, etc., 
to be elected 
biennially. 
8ee amend- 
ments, Art. 
LXIV, sect 1. 

Meetings for the 
choice of gov- 
ernor, lieuten- 
ant-governor, 
etc., when to 
be held. 
This clause 
superseded by 
amendments, 
Art. XV, 



Article, when 
to go into 
operation. 



Inconsistent 

provisions 

anniilled. 



done at the session which has heretofore commenced on the 
last Wednesday of May. And the general court shall be 
dissolved on the day next preceding the first Wednesday 
of January, without any proclamation or other act of the 
governor. But nothing herein contained shall prevent the 
general court from assembling at such other times as they 
shall judge necessary, or when called together by the gov- 
ernor. The governor, lieutenant-governor and councillors, 
shall also hold their respective offices for one year next fol- 
lowing the first Wednesday of January, and until others 
are chosen and qualified in their stead. 

[The meeting for the choice of governor, lieutenant- 
governor, senators, and representatives, shall be held on the 
second INIonday of November in every year; but meetings 
may be adjourned, if necessary, for the choice of repre- 
sentatives, to the next day, and again to the next succeeding 
day, but no further. But in case a second meeting shall be 
necessary for the choice of representatives, such meetings 
shall be held on the fourth ISIonday of the same month of 
November.] 

All the other provisions of the constitution, respecting the 
elections and proceedings of the members of the general 
court, or of any other officers or persons whatever, that have 
reference to the last Wednesday of IVIay, as the commence- 
ment 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 
October, next following the day when the same shall be duly 
ratified and adopted as an amendment of the constitution; 
and the governor, lieutenant-governor, councillors, senators, 
representatives, and all other state officers, who are annually 
chosen, and who shall be chosen for the current year, when 
the same shall go into operation, shall hold their respective 
offices until the first Wednesday of January then next follow- 
ing, and until others are chosen and qualified in their stead, 
and no longer; and the first election of the governor, lieuten- 
ant-governor, senators, and representatives, to be had in 
virtue 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, inconsist- 
ent with the provisions herein contained, are hereby wholly 
annulled.] 



COMMONWEALTH OF MASSACHUSETTS. 39 

Art. XI. Instead of the third article of the bill of S^ 
rights, the follo\\ang modification and amendment thereof fg^ j^'eg^^^f 
is substituted : — i^'shts, Art. 

"As the public worship of God and instructions in piety, Seeamend- 
religion, and morality, promote the happiness and pros- xlyi'and^" 
perity of a people, and the security of a republican govern- initiative, iif 
ment; therefore, the several religious societies of this com- rlferendumTm, 
momvealth, whether corporate or unincorporate, at any s«<=*- 2- 
meeting legally warned and holden for that purpose, 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 worship, for the 
maintenance of religious instruction, and for the pajment of 
necessary expenses; and all persons belonging to any reli- 
gious 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 thence- 
forth shall not be liable for any grant or contract which 
may be thereafter made, or entered into by such society; 
and all religious sects and denominations, demeaning them- 122 Mass. 40, 41. 
selves peaceably, 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." 

Art. XII. [In order to provide for a representation of Census of rata- 

1 . . <> 1 • IIP 11 1 .Die polls to be 

the citizens or this commonwealth, loundea upon the prin- taken in issr, 
ciples of equality, a census of the ratable polls, in each city, thereafter. 
town, and district of the commonwealth, on the first day of was^superseded 
May, shall be taken and returned into the secretary's ofiice, m^nt'^f Art. 
in such manner as the legislature shall provide, within the •^^^^',^'^\";L, 

o ir ' w as also super- 

month of INIay, in the year of our Lord one thousand eight seded by 

•,,,,,. ,. ,° amendments, 

hundred and thirty-seven, and m every tenth year there- Art. xxi. 
after, in the month of INIay, in manner aforesaid; and each Representa- 
town or city having three hundred ratable polls at the last aj^rtiored. 
preceding decennial census of polls, may elect one representa- 
tive, and for every four hundred and fifty ratable polls in 
addition to the first three hundred, one representative more. 

Any town having less than three hundred ratable polls Towns having 
shall be represented thus: The whole number of ratable rSlbie^^iis, 
polls, at the last preceding decennial census of polls, shall be se^nted.^"^^ 
multiplied by ten, and the product divided by three hundred; 
and such town may elect one representative as many years 
within ten years, as three hundred is contained in the product 
aforesaid. 



40 



CONSTITUTION OF THE 



Fractions, how 
represented. 



Towns may 
unite into repre- 
sentative dis- 
tricts. 



The governor 
and council to 
determine the 
number of repv- 
resentatives to 
which each 
town is en- 
titled. 



New appor- 
tionment to be 
made once in 
every ten 
years. 



Inconsistent 

provisions 

annulled. 



Any city or town having ratable polls enough to elect 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 hvuidred and fifty; and such 
city or town may elect one additional representative 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 may, 
by consent of a majority of the legal voters present 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 representative district 
to continue until the next decennial census of polls, for the 
election of a representative, or representatives; and such 
district shall have all the rights, in regard to representation, 
which would belong to a town containing the same number 
of ratable polls. 

The governor and council shall ascertain and determine, 
within the months of July and August, in the year of our 
Lord one thousand eight hundred and thirty-seven, accord- 
ing to the foregoing principles, the number of representatives, 
which each city, town, and representative district is entitled 
to elect, and the number of years, within the period of ten 
years then next ensuing, that each city, town, and repre- 
sentative 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 years, thereafter, by the 
governor and council, and the number of ratable polls in 
each decennial census of polls, shall determine the number of 
representatives, which each city, town and representative 
district may elect as aforesaid; and when the number of 
representatives to be elected by each city, town, or repre- 
sentative district is ascertained and determined as aforesaid, 
the governor shall cause the same to be published forthwith 
for the information of the people, and that number shall 
remain fixed and unalterable for the period of ten years. 

All the provisions of the existing constitution inconsist- 
ent with the provisions herein contained, are hereby wholly 
annulled. 1 



COMMONWEALTH OF MASSACHUSETTS. 41 

Art. XIII. [A census of the inhabitants of each city and hSntlto'be 
town, on the first day of May, shall be taken, and returned *nd^°i^"g^^f • 
into the secretary's office, on or before the last day of June, aiiy thereafter, 
of the year one thousand eight hundred and forty, and of representation. 
every tenth year thereafter; which census shall determine tJ^cIlfsussu- 
the apportionment of senators and representatives for the amendments, 
term of ten years. 122 Mass. 595. and xxii 

The several senatorial districts now existing shall be per- Senatorial dis- 
manent. The senate shall consist of forty members; and in permanenr^*^ 
the year one thousand eight hundred and forty, and every fo°enator^s''^ 
tenth year thereafter, the governor and council shall assign l^^n^f^gnts^ 
the number of senators to be chosen in each district, accord- Art. xxii. ' 
ing to the number of in.habitants in the same. But, in all 
cases, at least one senator shall be assigned to each district. 

The members of the house of representatives shall be House of repre- 

, • 1 • ,-1 J? n • T? J. 'j. sentatives, how 

apportioned m tne loUowing manner: Every town or city apportioned. 
containing tw^elve hundred inhabitants may elect one repre- Te^r'^ientatfves*^ 
sentative; and tw^o thousand four hundred inhabitants shall l^endments^ 
be the mean increasing number, which shall entitle it to an Art. xxi. 
additional representative. 

Every tow^n containing less than twelve hundred inhab- Smaii towns, 
itants shall be entitled to elect a representative as many sented. 
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 which the valuation of estates within the commonwealth 
shall be settled. 

Any two or more of the several towns mav, by consent of Towns may 

V . „ , , , 11 • • unite into 

a majority 01 the legal voters present at a legal meeting, in representative 

each of said towns, respectively, called for that purpose, and 

held before the first day of August, in the year one thousand 

eight hundred and forty, and every tenth year thereafter, 

form themselves into a representative district, to continue 

for the term of ten years; and such district shall have all the 

rights, in regard to representation, which would belong to a 

town containing the same number of inhabitants. 

The number of inhabitants which shall entitle a town to Basis of 
elect one representative, and the mean increasing number Pdr!ft?o^of°°' 
w^hich shall entitle a town or city to elect more than one, "^<5rease. 
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 numbers above ■ 
mentioned, whenever the population of the commonwealth 



42 



CONSTITUTION OF THE 



The governor 
and council to 
apportion the 
number of 
representatives 
of each town 
once in every 
ten years. 



Councillors to 
be chosen from 
the people at 
large. 

Provisions as 
to councillors 
superseded by 
amendments, 
Art. XVI. 



Qualifications 
of councillors. 



Freehold as a 
qualification for 
a seat in gen- 
eral court or 
council not 
required. 
Elections by 
the people to 
be by plurality 
of votes. 



Time of annual 
election of gov- 
ernor and legis- 
lature. 

For change to 
biennial elec- 
tions, see 
amendments, 
Art. LXIV, 
sects. 1-4. 



Eight council- 
lors to be 
chosen by the 
people. 
122 Mass. 595, 
598. 

For change to 
biennial elec- 
tions, see 
amendments, 
Art. I.XIV, 
sects. 1-4. 
For compulsory 
voting, see 



shall have Increased to seven hundred and seventy thousand, 
and for every additional increase of seventy thousand in- 
habitants, 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 
council shall, before the first day of September, apportion 
the number of representatives which each city, town, and 
representative district is entitled to elect, and ascertain how 
many years, within ten years, any town may elect a repre- 
sentative, which is not entitled to elect one every year; and 
the governor shall cause the same to be published forthwith. 

Nine councillors shall be annually chosen from among the 
people at large, on the first Wednesday of January, or as 
soon thereafter as may be, by the joint ballot of the senators 
and representatives, assembled in one room, who shall, as 
soon as may be, in like manner, fill up any vacancies that 
may happen in the council, by death, resignation, or other- 
wise. No person shall be elected a councillor, who has not 
been an inhabitant of this commonwealth for the term of 
five years 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 be 
required as a qualification for holding a seat in either branch 
of the general court, or in the executive council. 

Art. XIV. In all elections of civil officers by the people 
of this commonwealth, whose election is provided for by the 
constitution, the person having the highest number of votes 
shall be deemed and declared to be elected. 

Art. XV. The meeting for the choice of governor, 
lieutenant-governor, senators, and representatives, shall be 
held on the Tuesday next after the first Monday in Novem- 
ber, annually ; but in case of a failure to elect representatives 
on that day, a second meeting shall be holden, for that pur- 
pose, on the fourth Monday of the same month of November. 

For compulsory voting, see amendments. Art. LXI. 

Art. XVI. Eight councillors shall be [annually] chosen by 
the inhabitants of this commonwealth, qualified to vote for 
governor. The election of councillors shall be determined 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 session after the next 
state census shall have been taken, and at its first session 
after each decennial state census thereafterwards, shall 



COMMONWEALTH OF MASSACHUSETTS. 43 

divide the commonwealth into eight districts of contiguous amendments, 
territory, each containing a number of inhabitants as nearly Legislature to 
equal as practicable, without dividing any town or ward of district state. 
a city, and each entitled to elect one councillor: provided, Proviso. 
however, that if, at any time, the constitution shall provide 
for the division of the commonwealth 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 legislature. No person shall be eligible Eligibility 
to the office of councillor who has not been an inhabitant of ® °® • 
the commonwealth for the term of five years immediately 
preceding his election. The day and manner of the election. Day and man- 
the return of the votes, and the declaration of the said elec- et*c.° ®®"*"'°' 
tions, shall be the same as are required in the election of 
governor. [Whenever there shall be a failure to elect the Vacancies, how 
full number of councillors, the vacancies shall be filled in the For new pro- 
sam.e manner as is required for filling vacancies in the senate; vacancfls**^ee 
and vacancies occasioned by death, removal from the state, Art^'xxv'*^^' 
or otherwise, shall be filled, in like manner, as soon as may 
be, after such vacancies shall have happened.] And that organization of 
there may be no delay in the organization of the government 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 returned copies of the records for the 
election of governor, lieutenant-governor, and councillors; 
and ten days before the said first Wednesday in January he 
shall issue his summons to such persons as appear to be 
chosen, to attend on that day to be qualified accordingly; 
and the secretary shall lay the returns before the senate and 
house of representatives on the said first Wednesday in Jan- 
uary, to be by them examined; and in case of the election of 
either of said officers, the choice shall be by them declared 
and published; but in case there shall be no election of 
either of said officers, the legislature shall proceed to fill such 
vacancies in the manner provided in the constitution for the 
choice of such officers. 

Art. XVII. The secretary, treasurer and receiver-gen- Election of 
eral, auditor, and attorney-general, shall be chosen [annually,] treasu'^er,' 
on the day in November prescribed for the choice of gov- attorney^'en- 
ernor; and each person then chosen as such, duly qualified ^^^^i by the 
in other respects, shall hold his office for the term of [one For election 
year] from the third Wednesday in January next thereafter, see amend- 
and until another is chosen and qualified in his stead. The lxiv] Jot. i. 



44 



CONSTITUTION OF THE 



For compulsory 
voting, see 
amendments. 
Art. LXI. 



Vacancies, 
how filled. 



To qualify 
within ten 
days, other- 
wise office to be 
deemed 
vacant. 



Qualification 
requisite. 



School moneys 
not to be ap- 
plied for secta- 
rian schools. 
For original 
provision as to 
schools, see 
constitution, 
Part First, 
Art. III. 

12 Allen, 500,508. 
103 Mass. 94, 96. 
This article was 
superseded by 
amendments, 
Art. XLVI. 
Legislature to 
prescribe for 
the election of 
sheriffs, regis- 
ters of probate, 
etc. 

See amend- 
ments, 

Art. XXXVI. 
8 Gray, 1. 

13 Gray, 74. 



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 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 num- 
ber of votes for said offices on the day in November afore- 
said, 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 vacant, from any cause, during an annual or special 
session of the general court, such vacancy shall in like man- 
ner 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 ofiice until his suc- 
cessor is chosen and duly qualified in his stead. In case any 
person chosen or appointed to either of the offices aforesaid, 
shall neglect, for the space of ten days after he could other- 
wise enter upon his duties, to qualify 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 either of said offices unless he 
shall have been an inhabitant of this commonwealth five 
years next preceding his election or appointment. 

Art. XVIII. [Ail moneys raised by taxation in the towns 
and cities for the support of public schools, and all moneys 
which may be appropriated by the state for the support of 
common schools, shall be applied to, and expended in, no 
other schools than those which are conducted according to 
law, under the order and superintendence 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-attorneys 
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. 



COMMONWEALTH OF MASSACHUSETTS. 45 

Art. XX. No person shall have the right to vote, or' be Reading consti- 
eligible to office under the constitution of this common- Engiishind 
wealth, who shall not be able to read the constitution in the Twy quaiifil?- 
English language, and write his name: provided, however, Provi°o ^°'®''^' 
that the provisions of this amendment shall not apply to fcatfonf '^^^''" 
any p)erson prevented by a physical disability from comply- amendments, 
ing with its requisitions, nor to any person who now has the See'aiso'amend- 
right to vote, nor to any persons who shall be sixty years of xxifi, which 
age or upwards at the time this amendment shall take effect, by^ame^nd-**'^ 

For absentee voting, see amendments, Art. XLV. vxah' 

Art. XXI. A census of the legal voters of each city and Census of legai 
town, on the first day of May, shall be taken and returned inhabitants. 
into the office of the secretary of the commonwealth, on or etc. 
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 sixty-five, and of every tenth year thereafter. In the 
census aforesaid, a special enumeration 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 deter- 
mine the apportionment of representatives for the periods 
between the taking of the census. 

The house of representatives shall consist of two hundred House of repre- 

,. ,, , •Till" sentatives to 

and forty members, which shall be apportioned by the legis- consist of 240 
lature, at its first session after the return of each enumera- Legisiatul-e to 
tion as aforesaid, to the several counties of the common- 10 c'ray.'^eil.*'' 
wealth, equally, as nearly as may be, according to their 
relative numbers of legal voters, as ascertained by the next 
preceding special enumeration; and the town of Cohasset, 
in the county of Norfolk, shall, for this purpose, as well as 
in the formation of districts, as hereinafter provided, be 
considered a part of the county of Plymouth; and it shall be Secretary shaii 
the duty of the secretary of the commonwealth, to certify, ^rs' authorized 
as soon as may be after it is determined by the legislature, counties^ 
the number of representatives to which 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 Suffolk, 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 



46 



CONSTITUTION OF THE 



Meeting for 
division to be 
first Tuesday 
in August. 
Proceedings. 



Qualifications 
of representa- 
tives. 

122 Mass. 595, 
598. 



Districts to be 
numbered, 
described and 
certified. 



Quorum. 
See amend- 
ments, Art. 
XXXIII. 



Census, etc. 
See P. S. c. 31. 



Voters to be 
basis of appor- 
tionment of 
senators. 



Senate to con- 
sist of forty 
members. 



law, — shall, on the first Tuesday of August next after each 
assignment of representatives to each county, assemble at 
a shire town of their respective counties, and proceed, as 
soon as may be, to divide the same into representative dis- 
tricts of contiguous territory, so as to apportion the repre- 
sentation 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 en- 
titled to elect more than three representatives. Every rep- 
resentative, for one year at least next preceding his election, 
shall have been an inhabitant of the district for which he is 
chosen, and shall cease to represent such district when he 
shall cease to be an inhabitant of the commonwealth. The 
districts in each county shall be numbered by the board 
creating the same, and a description of each, with the num- 
bers thereof and the number of legal voters therein, shall be 
returned by the board, to the secretary of the common- 
wealth, 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 ascertain- 
ing their election, shall be prescribed by law. [Not less 
than one hundred members of the house of representatives 
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. XXII. A census of the legal voters of each city and 
town, on the first day of INIay, shall be taken and returned 
into the office of the secretary of the commonwealth, 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 sixty-five, and of every tenth year thereafter. In the 
census aforesaid, a special enumeration 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 deter- 
mine the apportionment of senators for the periods between 
the taking of the census. The senate shall consist of forty 
members. The general court shall, at its first session after 
each next preceding special enumeration, divide the com- 
monwealth into forty districts of adjacent territory, each 



COMMOm\^ALTH OF MASSACHUSETTS. 47 

district to contain, as nearly as may be, an equal number of dfslrirts^etc 

legal voters, according to the enumeration aforesaid: pro- Seeame'nd- 

mded, however, that no town or ward of a city shall be xxiv. ^' 

divided therefor; and such districts shall be formed, as 

nearly as may be, without uniting two counties, or parts 

of two or more counties, into one district. Each district Qualifications 

. . 01 senators. 

shall elect one senator, who shall have been an inhabitant 
of this commonwealth Sa'c years at least immediately pre- 
ceding his election, and at the time of his election shall be 
an inhabitant 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 Quorum, 
less than sixteen senators shall constitute a quorum for do- ment™Trt" 
ing 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 entitled Residence of 

1 11 1 1- •! 1 m I 1 1 11 1 two years re- 

to vote, or shall be eligible to omce, unless he shall bave quired of natu- 
resided within the jurisdiction of the United States for two to entitle to 
years subsequent to his naturalization, and shall be other- makelugibie 
wise qualified, according to the constitution and laws of Th?fart'icie 
this commonwealth: 'provided, that this amendment shall not Art^xvf 
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 temporary absence of the 
parent therefrom.] 

Art. XXIV. Any vacancy in the senate shall be filled tife'leniTe'" 
by election by the people of the unrepresented district, upon 
the order of a majority of the senators elected. 

Art. XXV. In case of a vacancy in the council, from Vacancies in 
a failure of election, or other cause, the senate and house °''°^^'^ • 
of representati\'es shall, by concurrent vote, choose some 
eligible person from the people of the district wherein such 
vacancy occurs, to fill that office. If such vacancy shall hap- 
pen 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 of JSof*^'^ 
amendment of the constitution of this commonwealth, which ^Q^^e™®"^*^ 
is as follows, to wit: "No person of foreign birth shall be 
entitled 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 naturalization, and shall be 



48 



CONSTITUTION OF THE 



Provisions of 
Art. II, Chap. 
VI, relating to 
officers of Har- 
vard College, 
annulled. 

Superseded by 
Art. XXXI. 



Voting pre- 
cincts in towns. 
For absentee 
voting provi- 
sion, see 
amendments, 
Art. XLV. 



Voters not dis- 
qualified by 
reason of 
change of resi- 
dence until six 
months from 
time of removal. 
For absentee 
voting provi- 
sion, see 
amendments. 
Art. XLV. 

Amendments, 
Art. XXVIII, 
amended. 



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



otherwise qualified, according to the constitution and laws 
of this commonwealth: provided, that this amendment shall 
not affect the rights which any person of foreign birth pos- 
sessed at the time of the adoption thereof; and provided, 
further, that it shall not affect the rights gf any child of 
a citizen of the United States, born during the temporary 
absence of the parent therefrom," is hereby v.^holly annulled. 

Art. XXVII. So much of article two of chapter six of 
the constitution of this commonwealth as relates to persons 
holding the office of president, professor, or instructor of 
Harvkrd College, is hereby annulled. 

Art. XXVin. No person having served in the army or 
navy of the United States in time of war, and having been 
honorably discharged from such service, if otherwise quali- 
fied 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 
and authority to provide for the inhabitants of the towns in 
this commonwealth more than one place of public meeting 
mthin the limits of each town for the election of officers 
under the constitution, and to prescribe the manner of calling, 
holding and conducting such meetings. All the provisions 
'of the existing constitution inconsistent with the provisions 
herein contained are hereby annulled. 

Art. XXX. No person, otherwise qualified to vote in 
elections for governor, lieutenant-governor, senators, and 
representatives, shall, by reason of a change of residence 
within the commonwealth, be disqualified from voting for 
said officers in the city or town from which he has removed 
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 tow^n, — and also by striking out in said 
fourth line the words " if a pauper ", so that the article as 
amended shall read as follows: Article XXVIII. No per- 
son having served in the army 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 disquali- 
fied therefor on account of receiving or having received aid 
from any city or town, or because of the non-payment of a 
poll tax. 



COMMONWEALTH OF MASSACHUSETTS. 49 

Art. XXXII. So much of article three of the amend- Provisions of 

. . , , . amendments, 

ments of the constitution or the commonwealth as is con- Art. in, reia- 
tained in the following words: "and who shall have paid, mlntof^atex 
by himself, or his parent, master, or guardian, any state or ^u^iiS^twn, 
county tax, which shall, within two years next preceding annulled, 
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 w^ho shall 
be, in all other respects, qualified as above mentioned ", is 
hereby annulled. 

Art. XXXIII. A maiority of the members of each branch Quorum, in 

-, „ . p ji j^ each branch of 

of the general court shall constitute a quorum tor the trans- the general 

„,. 1,1 1 T i" 1 court, to con- 

action of business, but a less number may adjourn from day gist of a 
to day, and compel the attendance of absent members. All Semterl°^ 
the provisions of the existing constitution inconsistent with 
the provisions herein contained are hereby annulled. 

Art. XXXIV. So much of article two of section one of i'^ritfi"^ 
chapter tw^o of part the second of the constitution of the n'reiativ^to* 
commonwealth as is contained in the following words: property quaii- 

111 1 • 1 • ^ • 1 ' fication of 

and unless he shall at the same time be seised, in his governor, 
own right, of a freehold, within the commonwealth, of the ^ 
value of one thousand pounds"; is hereby annulled. 

Art. XXXV. So much of article two of section three of ^',?X§ ni. 
chapter one of the constitution of the commonwealth as is phap. i, reia- 
contained in the following words: The expenses or travelling of travelling to 
to the general assembly, and returning home, once in every assembly by 

1 "^1111 -iIj^i J. J. members of the 

session, and no more, shall be paid by the government, out house, annulled. 
of the public treasury, to every member who shall attend as 
seasonably as he can, in the judgment of the house, and does 
not depart without leave ", is hereby annulled. 

Art. XXXVI. So much of article nineteen of the articles Amendments, 
of amendment to the constitution of the commonwealth as is amended.' 
contained in the following words: "commissioners of in- 
solvency ", is hereby annulled. 

Art. XXXVII. The governor, with the consent of the ^®"'?^^'^^gj. 
council, may remove justices of the peace and notaries public. 

Art. XXXVin. Voting machines or other mechanical machfnes may 
devices for voting may be used at all elections under such ^IcUons^* 
regulations as may be prescribed by law: -provided, however, voting,"s^^°'^^ 
that the right of secret voting shall be preserved. Art^^Lxf*^' 

Art. XXXIX. Article ten of part one of the constitu- Powers of the 
tion is hereby amended by adding to it the following Kvl'^to the 
words: — The legislature may by special acts for the purpose etc.^"^^^'*^ '^°'^' 
of laying out, widening or relocating highways or streets, ^g^^^^f^fg^"" 
authorize the taking in fee by the commonwealth, or by a lughways, etc. 



50 



CONSTITUTION OF THE 



Proviso. 



Amendments, 
Art. Ill, 
amended. 



Taxation of 
wild or forest 
lands. 



Referendum. 
This article 
annulled and 
superseded by 
amendments, 
Art. XLVIII, 
General Pro- 
visions, VIII. 



Powers of the 
general court 
relative to the 
taking of land, 
etc., to relieve 
congestion of 
population 
and to provide 
homes for 
citizens. 
Proviso. 



Powers of the 
general court 
relative to 
imjxjsing and 
levying a tax 
on income; 
exemptions, 
etc. 



county, city or town, of more land and property than are 
needed for the actual construction of such highwaj^ or street : 
provided, 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 suitable building lots on both 
sides of such highway or street, and after so much of the 
land or property has been appropriated for such highway or 
street as is needed therefor, may authorize the sale of the 
remainder for value with or without suitable restrictions. 

Art. XL. Article three of the amendments to the con- 
stitution is hereby amended by inserting after the word 
"guardianship", in hne two, the following: — and persons 
temporarily or permanently disqualified by law because of 
corrupt practices in respect to elections. 

Art. XLI. 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. 

Art. XLII. [Full power and authority are hereby given 
and granted to the general court to refer to the people for 
their rejection or approval at the ix>lls any act or resolve of 
the general court or any part or parts thereof. Such reference 
shall be by a majority yea and nay vote of all members of 
each house present and voting. Any act, resolve, or part 
thereof so referred shall be voted on at the regular state 
election next ensuing after such reference, shall become law 
if approved by a majority of the voters voting thereon, and 
shall take effect at the expiration of thirty days after the 
election at which it was approved or at such time after the 
expiration of the said thirty days as may be fixed in such act, 
resolve or part thereof.] 

Art. XLIII. The general court shall have power to 
authorize the commonwealth to take land and to hold, im- 
prove, sub-divide, build upon and sell the same, for the 
purpose of relieving congestion of population and providing 
homes for citizens: provided, however, that this amendment 
shall not be deemed to authorize the sale of such land or 
buildings at less than the cost thereof. 

Credit of the commonwealth restricted by amendments. Art. LXII, sect. 1. 

Art. XLIV. Full power and authority are hereby given 
and granted to the general court to impose and levy a tax 
on income in the manner hereinafter provided. Such tax 
may be at different rates upon income derived from different 
classes of property, but shall be levied at a uniform rate 



COMIVIONWEALTH OF IVIASSACHUSETTS. 51 

throughout the commonwealth upon incomes derived from 
the same class of property. The general court may tax in- 
come not derived from property at a lower rate than income 
derived from property, and may grant reasonable exemptions 
and abatements. Any class of property the income from 
which is taxed under the provisions of this article may be 
exempted from the imposition and lev\dng of proportional 
and reasonable assessments, rates and taxes as at present 
authorized by the constitution. This article shall not be 
construed to limit the power of the general court to impose 
' and levy reasonable duties and excises. 

Art. XLV. The general court shall have power to pro- Powers of the 
vide by law for voting by qualified voters of the common- fo^proiidTby 
w^ealth who, at the time of an election, are absent from the sent^VoHng 
city or town of which they are inhabitants in the choice of For compulsory 

voting see 

any oflBcer to be elected or upon any question submitted at amendments, 

1 1 . • Art, IjA.1, 

such election. 

Art. XLVI. (In place of article XVIII of the articles No law to pro- 
of amendment of the constitution ratified and adopted cise'of'rdi^on. 
April 9, 1821, the following article of amendment, sub- mentXntot 
mitted bv the constitutional convention, was ratified and be the subject 

^^ ' of an initiative 

adopted November 6, 1917.) Article XVIII. Section 1. s™®''^™^^*" 
No law shall be passed prohibiting the free exercise of ments, Art. 

,. . ■^ ^ ^ XLVIII, The 

religion. initiative, II, 

Section 2. All moneys raised by taxation in the towns t^*^h^ 

,, ni'i r^uDlic money 

and cities for the support of public schools, and all moneys not to be ex- 
which may be appropriated by the commonwealth for the educational, 
support of common schools shall be applied to, and ex- reu^'ousor 
pended in, no other schools than those which are conducted ti'oM'^nof'^"' 
according to law, under the order and superintendence of public o"wner- 
the authorities of the town or city in which the money is poJ|tro"'^etc 
expended; and no grant, appropriation or use of public Credit of the 
money or property or loan of public credit shall be made or wealth 
authorized by the commonwealth or any political division amendments, 
thereof for the purpose of founding, maintaining or aiding ^t. l^^^' 
any school or institution of learning, whether under public 
control or otherwise, wherein any denominational doctrine 
is inculcated, or any other school, or any college, infirmary, 
hospital, institution, or educational, charitable or religious 
undertaking which is not publicly owned and under the ex- 
clusive control, order and superintendence of public officers 
or public agents authorized by the commonwealth or federal 
authority or both, except that appropriations may be made Exceptions, 
for the maintenance and support of the Soldiers' Home in 



52 



CONSTITUTION OF THE 



Care or sup- 
port in private 
hospitals, etc., 
of persons 
who are public 
charges. 



Inmates of 
certain public 
institutions 
not to be de- 
prived of reli- 
gious exercises 
of their own 
faith; nor com- 
pelled to 
attend religious 
ser\acea, etc., 
against their 
will, etc. 
Time of 
taking effect. 



General court 
to determine 
manner of dis- 
tribution of 
food, etc., 
during time of 
war, etc., by 
the common- 
wealth, cities 
and towns. 



Initiative and 

referendum, 

definition. 



Massachusetts and for free public libraries in any city or 
town, and to carry out legal obligations, if any, already 
entered into; and no such grant, appropriation or use of 
public money or property or loan of public credit shall be 
made or authorized for the purpose of founding, maintaining 
or aiding any church, religious denomination or society. 

Section 3. Nothing herein contained shall be construed 
to prevent the commonwealth, or any political division 
thereof, from pa^dng to privately controlled hospitals, 
infirmaries, or institutions for the deaf, dumb or blind not 
more than the ordinary and reasonable compensation for 
care or support actually rendered or furnished by such hospi- 
tals, infirmaries or institutions to such persons as may be in 
whole or in part unable to support or care for themselves. 

Section 4. Nothing herein contained shall be construed 
to deprive any inmate of a publicly controlled reformatory, 
penal or charitable institution of the opportunity of religious 
exercises therein of his own faith; but no inmate of such 
institution shall be compelled to attend religious services or 
receive religious instruction against his will, or, if a minor, 
without the consent of his parent or guardian. 

Section 5. This amendment shall not take effect until 
the October first next succeeding its ratification and adop- 
tion by the people. 

Art. XLVII. The maintenance and distribution at rea- 
sonable rates, during time of war, public exigency, emer- 
gency or distress, of a sufficient supply of food and other 
common necessaries of life and the providing of shelter, are 
public functions, and the commonwealth and the cities and 
towns therein may take and may provide the same for 
their inhabitants in such manner as the general court shall 
determine. 

Art. XLVIII. 

7. Definition. 

Legislative power shall continue to be vested in the general 
court; but the people reserve to themselves the popular 
initiative, which is the power of a specified number of voters 
to submit constitutional amendments and laws to the people 
for approval or rejection; and the popular referendum, 
which is the power of a specified number of voters to submit 
laws, enacted by the general court, to the people for their 
ratification or rejection. 



COMMONWEALTH OF IMASSACHUSETTS. 53 

The Initiative. 
II. Initiative Petitions. 

Section 1. Contents. — An initiative petition shall set Co°^entsof 
forth the full text of the constitutional amendment or law, petition. 
hereinafter designated as the measure, which is proposed by 
the petition. 

Section 2. Excluded Matters. — No measure that relates Certain mat- 
to religion, religious practices or religious institutions; or to be proposed 
the appointment, qualification, tenure, removal, recall or p^tiTion^*'^^ 
compensation of judges; or to the reversal of a judicial 
decision; or to the powers, creation or abolition of courts; 
or the operation of which is restricted to a particular town, 
city or other political division or to particular districts or 
localities of the commonwealth; or that makes a specific 
appropriation of money from the treasury of the common- 
wealth, shall be proposed by an initiative petition; but if a Obligation 
law approved by the people is not repealed, the general c(^rt. whTna 
court shall raise by taxation or otherwise and shall appro- by the'^propil^'^ 
priate such money as may be necessary to carry such law 
into effect. 

Neither the eighteenth amendment of the constitution, as Anti-aid 
approved and ratified to take effect on the first day of ^Tiied Urt. 
October in the year nineteen hundred and eighteen, nor this to^bVsubj°«^t 
provision for its protection, shall be the subject of an initia- amendmint. 
tive amendment. 

No proposition inconsistent with any one of the following Certain indi- 
rights of the individual, as at present declared in the dec- not'to be° *^^ 
laration of rights, shall be the subject of an initiative or initi^ive^or 
referendum petition: The right to receive compensation ^ation."^ 
for private property appropriated to public use; the right 
of access to and protection in courts of justice; the right 
of trial by jury; protection from unreasonable search, un- 
reasonable bail and the law martial; freedom of the press; 
freedom of speech; freedom of elections; and the right of 
peaceable assembly. 

No part of the constitution specifically excluding any Further 
matter from the operation of the popular initiative and matterl 
referendum shall be the subject of an initiative petition; 
nor shall this section be the subject of such a petition. 

The limitations on the legislative power of the general {;®-gfa\°^,g 
court in the constitution shall extend to the legislative power limitations 

(• , 1 , • 1 1 1 extended. 

or the people as exercised hereunder. 



54 



CONSTITUTION OF THE 



Initiative peti- 
tion, mode of 
originating, etc. 



Secretary of 
the common- 
wealth to fur- 
nish blank 
forms, etc. 



Time of filing 

initiative 

petitions. 



Transmission 
of proposed 
measure to the 
general court. 



Section 3. Mode of Originating. — Such petition shall 
first be signed by ten qualified voters of the commonwealth 
and shall then be submitted to the attorney-general, and if 
he shall certify that the measure is in proper form for sub- 
mission to the people, and that it is not, either affirmatively 
or negatively, substantially the same as any measure which 
has been qualified for submission or submitted to the people 
within three years of the succeeding first Wednesday in 
December and that it contains only subjects not excluded 
from the popular initiative and which are related or which 
are mutually dependent, it may then be filed with the secre- 
tary of the commonwealth. The secretary of the common- 
wealth shall provide blanks for the use of subsequent sign- 
ers, and shall print at the top of each blank a description of 
the proposed measure as such description will appear on the 
ballot together with the names and residences of the first 
ten signers. All initiative petitions, with the first ten sig- 
natures attached, shall be filed with the secretary of the 
commonwealth not earlier than the first Wednesdaj^ of the 
September before the assembling of the general court into 
which they are to be introduced, and the remainder of the 
required signatures shall be filed not later than the first 
Wednesday of the following December. 

Section 4. Transmission to the General Court. — If an 
initiative petition, signed by the required number of qualified 
voters, has been filed as aforesaid, the secretary of the com- 
monwealth shall, upon the assembling of the general court, 
transmit it to the clerk of the house of representatives, and 
the proposed measure shall then be deemed to be introduced 
and pending. 



Reference to 
legislative 
committee and 
report thereon. 



Legislative 
substitute for 
initiative 
measure. 



III. Legislative Action. General Provisions. 

Section 1 . Rejerence to Committee. — If a measure is in- 
troduced into the general court by initiative petition, it shall 
be referred to a committee thereof, and the petitioners and 
all parties in interest shall be heard, and the measure shall 
be considered and reported upon to the general court with 
the committee's recommendations, and the reasons therefor, 
in writing. Majority and minority reports shall be signed 
by the members of said committee. 

Section 2. Legislative Substitutes. — The general court 
may, by resolution passed by yea and nay vote, either by 
the two houses separately, or in the case of a constitutional 



COMMONWEALTH OF IMASSACHUSETTS. 55 

amendment by a majority of those voting thereon in joint 
session in each of two years as hereinafter provided, submit 
to the people a substitute for any measure introduced by 
initiative petition, such substitute to be designated on the 
ballot as the legislative substitute for such an initiative 
measure and to be grouped with it as an alternative therefor. 

n^. Legislative Action on Proposed Constitutional Amend- 
ments. 

Section 1 . Definition. — A proposal for amendment to Definition of 
the constitution introduced into the general court by initia- 'amendment 
tive petition shall be designated an initiative amendment, substuuti!*'^^ 
and an amendment introduced by a member of either house 
shall be designated a legislative substitute or a legislative 
amendment. 

Section 2. Joint Session. — If a proposal for a specific Joint session 
amendment of the constitution is introduced into the general ameTcfment to 
court by initiative petition signed by not less than twenty- tLn?""^*"'*^"" 
five thousand qualified voters, or if in case of a proposal for 
amendment introduced into the general court by a member 
of either house, consideration thereof in joint session is 
called for by vote of either house, such proposal shall, not 
later than the second Wednesday in June, be laid before a 
joint session of the two /houses, at which the president of the 
senate shall preside; and if the two houses fail to agree when governor 
upon a time for holding any joint session hereby required, or ^^^V caii joint 
fail to continue the same from time to time until final action 
has been taken upon all amendments pending, the governor 
shall call such joint session or continuance thereof. 

Section 3. Amendment of Proposed Amendments. — A Proposed 
proposal for an amendment to the constitution introduced totheconsti- 
by initiative petition shall be voted upon in the form in inwhi'ch°tobe 
which it was introduced, unless such amendment is amended ^°*^^ ^^°^' 
by vote of three-fourths of the members voting thereon in 
joint session, which vote shall be taken by call of the yeas 
and nays if called for by any member. 

Section 4. Legislative Action. — Final legislative action Final legisia- 
in the joint session upon any amendment shall be taken only bJtalfen'^by" 
by call of the yeas and nays, which shall be entered upon ^^^ ^°^ ^^y^- 
the journals of the two houses; and an unfavorable vote at 
any stage preceding final action shall be verified by call of 
the yeas and nays, to be entered in like manner. At such Reference to 
joint session a legislative amendment receiving the affirma- ^^t^®"^®'*^ 



56 



CONSTITUTION OF THE 



Submission of 
legislative 
amendment, 
etc., to the 
people. 



When 

amendment 
becomes part 
of the con- 
stitution. 



tive votes of a majority of all the members elected, or an 
initiative amendment receiving the affirmative votes of not 
less than one-fourth of all the members elected, shall be 
referred to the next general court. 

Section 5. Submission to the People. — If in the next 
general court a legislative amendment shall again be agreed 
to in joint session by a majority of all the members elected, 
or if an initiative amendment or a legislative substitute shall 
again receive the affirmative votes of at least one-fourth of 
all the members elected, such fact shall be certified by the 
clerk of such joint session to the secretary of the common- 
wealth, who shall submit the amendment to the people at 
the next state election. Such amendment shall become part 
of the constitution if approved, in the case of a legislative 
amendment, by a majority of the voters voting thereon, or 
if approved, in the case of an initiative amendment or a 
legislative substitute, by voters equal in number to at least 
thirty per cent of the total number of ballots cast at such 
state election and also by a majority of the voters voting on 
such amendment. 



Legislative 
procedure on 
law proposed 
by initiative 
petition, etc. 



V. Legislative Action on Proposed Laws. 
Section 1. Legislative Procedure. — If an initiative peti- 



tion for a law is introduced into the general court, signed by 
not less than twenty thousand qualified voters, a vote shall 
be taken by yeas and na^'S in both houses before the first 
Wednesday of June upon the enactment of such law in the 
form in which it stands in such petition. If the general 
court fails to enact such law before the first Wednesday of 
June, and if such petition is completed by filing with the 
secretary of the commonwealth, not earlier than the first 
Wednesday of the following July nor later than the first 
Wednesday of the folloAving August, not less than five thou- 
sand signatures of qualified voters, in addition to those sign- 
ing such initiative petition, which signatures must have 
been obtained after the first Wednesday of June aforesaid, 
then the secretary of the commonwealth shall submit such 
WmSl^xT^ proposed law to the people at the next state election. If it 
shall be approved by voters equal in number to at least 
thirty per cent of the total number of ballots cast at such 
state election and also by a majority of the voters voting on 
such law, it shall become law, and shall take effect in thirty 



and takes 
effect 



COMMONWEALTH OF MASSACHUSETTS. 57 

days after such state election or at such time after such elec- 
tion as may be provided in such law. 

Section 2. Amendment by Petitioners. — If the general of'^ro^ed* 
court fails to pass a proposed law before the first Wednesday ^^^^^ p^^'- 
of June, a majority of the first ten signers of the initiative submission of 
petition therefor shall have the right, subject to certification the people by 
by the attorney-general, filed as hereinafter provided, to oflhrcom-^ 
amend the measure which is the subject of such petition, '"o'^^eaith. 
An amendment so made shall not invalidate any signature 
attached to the petition. If the measure so amended, signed 
by a majority of the first ten signers, is filed with the secre- 
tary of the commonwealth before the first Wednesday of 
the following July, together with a certificate signed by the 
attorney-general to the effect that the amendment made by 
such proposers is in his opinion perfecting in its nature and 
does not materially change the substance of the measure, 
and if such petition is completed by filing with the secretary 
of the commonwealth, not earlier than the first Wednesday 
of the following July nor later than the first Wednesday of 
the following August, not less than five thousand signatures 
of qualified voters, in addition to those signing such initia- 
tive petition, which signatures must have been obtained after 
the first Wednesday of June aforesaid, then the secretary of 
the commonwealth shall submit the measure to the people 
in its amended form. 



VI. Conflicting and Alternative Measures. 

If in any judicial proceeding, provisions of constitutional andiitlroitive 
amendments or of laws approved by the people at the same ^u^^hT'ii 
election are held to be in confiict, then the provisions con- govern when 
tained in the measure that received the largest number of the people, etc. 
affirmative votes at such election shall govern. 

A constitutional amendment approved at any election shall 
govern any law approved at the same election. 

The general court, by resolution passed as hereinbefore General court 
set forth, may provide for grouping and designating upon grouping, etc., 
the ballot as conflicting measures or as alternative measures, bSiot. 
only one of which is to be adopted, any two or more proposed 
constitutional amendments or laws which have been or may 
be passed or qualified for submission to the people at any 
one election : provi-ded, that a proposed constitutional amend- Proviso, 
ment and a proposed law shall not be so grouped, and that the 



58 



CONSTITUTION OF THE 



Only measure 
receiving 
largest aflBrma- 
tive vote to be 
deemed 
approved. 



ballot shall afford an opportunity to the voter to vote for 
each of the measures or for only one of the measures, as may 
be provided in said resolution, or against each of the meas- 
ures so grouped as conflicting or as alternative. In case 
more than one of the measures so grouped shall receive the 
vote required for its approval as herein provided, only that 
one for which the largest affirmative vote was cast shall be 
deemed to be approved. 



When laws 
passed by 
general court 
take efTect. 



Emergency 
law to contain 
preamble. 



Yea and nay 
vote thereon. 



How governor 
may cause 
certain laws 
to take effect 
forthwith. 



Exception. 



The Referendum. 

I. When Statutes shall take Effect. 

No law passed by the general court shall take effect earlier 
than ninety days after it has become a law, excepting laws 
declared to be emergency laws and laws which may not be 
made the subject of a referendum petition, as herein pro- 
vided. 

11. Emergency Measures. 

A law declared to be an emergency law shall contain a 
preamble setting forth the facts constituting the emergency, 
and shall contain the statement that such law is necessary 
for the immediate preservation of the public peace, health, 
safety or convenience. A separate vote shall be taken on 
the preamble by call of the yeas and nays, which shall be 
recorded, and unless the preamble is adopted by two-thirds 
of the members of each house voting thereon, the law shall 
not be an emergency law; but if the governor, at any time 
before the election at which it is to be submitted to the 
people on referendum, files with the secretary of the com- 
monwealth a statement declaring that in his opinion the 
immediate preservation of the public peace, health, safety or 
convenience requires that such law should take effect forth- 
with and that it is an emergency law and setting forth the 
facts constituting the emergency, then such law, if not pre- 
viously suspended as hereinafter provided, shall take effect 
without suspension, or if such law has been so suspended 
such suspension shall thereupon terminate and such law shall 
thereupon take effect: but no grant of any franchise or 
amendment thereof, or renewal or extension thereof for more 
than one year shall be declared to be an emergency law. 



\ 



COMMONWEALTH OF IVIASSACHUSETTS. 59 

III. Rejerendum Petitions, 
Section 1 . Contents. — A referendum petition may ask Contents of 

rftiprRiiniirn 

for a referendum to the people upon any law enacted by the petition. 
general court which is not herein expressly excluded. 

Section 2. Excluded Matters. — No law that relates to Certain mat- 
religion, religious practices or religious institutions; or to the be the subject 
appointment, qualification, tenure, removal or compensation petuion.'^^^ ^^ 
of judges; or to the powers, creation or abolition of courts; 
or the operation of which is restricted to a particular town, 
city or other political division or to particular districts or 
localities of the commonwealth ; or that appropriates money 
for the current or ordinary expenses of the commonwealth 
or for any of its departments, boards, commissions or insti- 
tutions shall be the subject of a referendum petition. 

Section 3. Mode of Petitioning for the Suspension of a Mode of 
Law and a Referendum thereon. — A petition asking for a l^r the°sSf- 
referendum on a law, and requesting that the operation of faw^anda^^ 
such law be suspended, shall first be signed by ten qualified [heTwn'^*^' 
voters and shall then be filed with the secretary of the com- 
monwealth not later than thirty days after the law that is 
the subject of the petition has become law. The secretary Duties of the 
of the commonwealth shall provide blanks for the use of the'^common- 
subsequent signers, and shall print at the top of each blank "'^^!^' ^^'^■/ 
a description of the proposed law as such description will 
appear on the ballot together with the names and residences 
of the first ten signers. If such petition is completed by 
filing with the secretary of the commonwealth not later than, 
ninety days after the law which is the subject of the petition 
has become law the signatures of not less than fifteen thou- 
sand qualified voters of the commonwealth, then the opera- 
tion of such law shall be suspended, and the secretary of 
the commonwealth shall submit such law to the people at. 
the next state election, if thirty days intervene between the 
date when such petition is filed with the secretary of the 
commonwealth and the date for holding such state election; 
if thirty days do not so intervene, then such law shall be 
submitted to the people at the next following state election, 
unless in the meantime it shall have been repealed; and if Votes neces- 

S3rv lor 

it shall be approved by a majority of the qualified voters approval, etc. 
voting thereon, such law shall, subject to the provisions of 
the constitution, take effect in thirty days after such election, 
or at such time after such election as may be pro\aded in 



60 



CONSTITUTION OF THE 



Petitions for 
referendum on 
an emergency 
law or a law 
the suspension 
of which is not 
asked for. 



Duties of the 
secretary of 
the common- 
wealth, etc. 



Votes neces- 
sary for 
approval, etc. 



such law; if not so approved such law shall be null and void; 
but no such law shall be held to be disapproved if the nega- 
tive vote is less than thirty per cent of the total number of 
ballots cast at such state election. 

Section 4. Petitions for Referendum on an Emergency 
Late or a Law the Suspemion of which is not asked for. — A 
referendum petition may ask for the repeal of an emergency 
law or of a law which takes effect because the referendum 
petition does not contain a request for suspension, as afore- 
said. Such petition shall first be signed by ten qualified 
voters of the commonwealth, and shall then be filed with 
the secretary of the commonwealth not later than thirty 
days' after the law which is the subject of the petition has 
become law. The secretary of the commonwealth shall pro- 
vide blanks for the use of subsequent signers, and shall print 
at the top of each blank a description of the proposed law as 
such description will appear on the ballot together with the 
names and residences of the first ten signers. If such peti- 
tion filed as aforesaid is completed by filing with the secre- 
tary of the commonwealth not later than ninety days after 
the law which is the subject of the petition has become law 
the signatures of not less than ten thousand qualified voters 
of the commonwealth protesting against such law and asking 
for a referendum thereon, then the secretary of the common- 
wealth shall submit such law to the people at the next state 
election, if thirty days intervene between the date when 
such petition is filed with the secretary of the commonwealth 
and the date for holding such state election. If thirty days 
do not so intervene, then it shall be submitted to the people 
at the next following state election, unless in the meantime 
it shall have been repealed; and if it shall not be approved 
by a majority of the qualified voters voting thereon, it shall, 
at the expiration of thirty days after such election, be thereby 
repealed; but no such law shall be held to be disapproved if 
the negative vote is less than thirty per cent of the total 
number of ballots cast at such state election. 



Identification 
and certifica- 
tion of signa- 
tures to peti- 
tions, etc. 



General Provisions. 
I. Identification and Certification of Signatures. 

Provision shall be made by law for the proper identifica- 
tion and certification of signatures to the petitions herein- 
before referred to, and for penalties for signing any such 
petition, or refusing to sign it, for money or other valuable 



COM]MON\\^ALTH OF :MASSACHUSETTS. 61 

consideration, and for the forgery of signatures thereto. 
Pending the passage of such legislation all provisions of law 
relating to the identification and certification of signatures 
to petitions for the nomination of candidates for state offices 
or to penalties for the forgery of such signatures shall apply 
to the signatures to the petitions herein referred to. The Law to regu- 
general court may provide by law that no co-partnership circulated for 
or corporation shall undertake for hire or reward to circulate "^^ "'^ ^^^^'^ ' 
petitions, may require individuals who circulate petitions 
for hire or reward to be licensed, and may make other reason- 
able regulations to prevent abuses arising from the circula- 
tion of petitions for hire or reward. 

II. Limitation on Signatures. 

Not more than one-fourth of the certified signatures on Limitation od 
any petition shall be those of registered voters of any one ^'^^'^^^• 
county. 

III. Form of Ballot. 

Each proposed amendment to the constitution, and each ^°™°^ 
law, submitted to the people, shall be described on the ballots baUot, etc 
by a description to be determined by the attorney-general, 
subject to such provision as may be made by law, and the 
secretary of the commonwealth shall give each question a 
number and cause such question, except as otherwise author- 
ized herein, to be printed on the ballot in the following 
form : — 

In the case of an amendment to the constitution: Shall 
an amendment to the constitution (here insert description, 
and state, in distinctive t^-pe, whether approved 
or disapproved by the general court, and by what 
vote thereon) be approved? 

In the case of a law : Shall a law (here insert description, 
and state, in distinctive type, whether approved 
or disapproved by the general court, and by what 
vote thereon) be approved? 

IV. Information for Voters. 

The secretary of the commonwealth shall cause to be Certain in- 
printed and sent to each registered voter in the common- vo™^ toV""^ 
wealth the full text of every measure to be submitted to the ^re^ary of 
people, together with a copy of the legislative committee's ^^^jg,™™*"^" 
majority and minority reports, if there be such, with the 



YES. 



JTES. 




j NO. 





62 



CONSTITUTION OF THE 



names of the majority and minority' members thereon, a 
statement of the votes of the general court on the measure, 
and a description of the measure as such description will 
appear on the ballot; and shall, in such manner as may be 
provided by law, cause to be prepared and sent to the voters 
other information and arguments for and against the measure. 



Governor's 
veto not to 
extend to 
certain 
measures. 



Power of 
amendment 
or repeal of a 
law by gen- 
eral court. 



V. The Veto Power of the Governor. 

The veto power of the governor shall not extend to meas- 
ures approved by the people. 

VI. The General Courtis Power of Repeal. 

Subject to the veto power of the governor and to the right 
of referendum by petition as herein provided, the general 
court may amend or repeal a law approved by the people. 



This amend- 
ment to be 
self-executing, 
etc. 



VII. Amendment declared to be Self -executing. 

This article of amendment to the constitution is self- 
executing, but legislation not inconsistent with anything 
herein contained may be enacted to facilitate the operation 
of its provisions. 



Amendments, 
Arts. IX and 
XLII, 
annulled. 



Conservation, 
etc., of 
natural re- 
sources of the 
common- 
wealth. 



Regulation 
by law of ad- 
vertising on 
public ways, 
etc. 



VIII. Articles IX and XLII of Amendments of the Consti- 
tution annulled. 

Article IX and Article XLII of the amendments of the 
constitution are hereby annulled. 

Art. XLIX. The conservation, development and utiliza- 
tion of the agricultural, mineral, forest, water and other 
natural resources of the commonwealth are public uses, 
and the general court shall have power to provide for the 
taking, upon pajTiient of just compensation therefor, of 
lands and easements or interests therein, including water 
and mineral rights, for the purpose of securing and promoting 
the proper conservation, development, utilization and con- 
trol thereof and to enact legislation necessary or expedient 
therefor. 

Art. L. Advertising on public ways, in public places and 
on private property within public view may be regulated 
and restricted by law. 



COIMIMONWEALTH OF ISIASSACHUSETTS. 63 

Art. LI. The preservation and maintenance of ancient General court 
landmarks and other property of historical or antiquarian for taking^ 
interest is a public use, and the commonwealth and the cities marks* etc'! " 
and towns therein may, upon payment of just compensation, 
take such property or any interest therein under such regula- 
tions as the general court may prescribe. 

Art. LII. The general court, by concurrent vote of the General court 
two houses, may take a recess or recesses amounting to not ^c4s.^ 
more than thirty days; but no such recess shall extend 
beyond the sixtieth day from the date of their first assem- 
bling. 

Art. LIII. Article X of Section I of Chapter II of the Certain articles 
constitution, the last two paragraphs of Article IV of the annuUed and'^ 
articles of amendment, relating to the appointment of a ^"p®''*^'^®''- 
commissary general and the removal of militia officers, and 
Article V of the articles of amendment are hereby annulled, 
and the following is adopted in place thereof: Article X. navaf officer, 
All militarv and naval ofiicers shall be selected and appointed ^°T ^ppo'^^tf^ 

' 1 • 1 1 ^^^ removed, 

and may be removed m such manner as the general court etc. 
may by law prescribe, but no such ofiicer shall be appointed 
unless he shall have passed an examination prepared by a 
competent commission or shall have served one year in 
either the federal or state militia or in military service. All 
such ofiicers who are entitled by law to receive commissions 
shall be commissioned by the governor. 

Art. LIV. Article VII of Section I of Chapter II of the Certain article 
constitution is hereby annulled and the following is adopted annuUed and" 
in place thereof: Article VII. The general court shall pro- Mmtar^ltd 
vide by law for the recruitment, equipment, organization, naval forces, 
training and discipline of the military and naval forces. The etc. 
governor shall be the commander-in-chief thereof, and shall 
have power to assemble the whole or any part of them for 
training, instruction or parade, and to employ them for the 
suppression of rebellion, the repelling of invasion, and the 
enforcement of the laws. He may, as authorized by the 
general cou^t, prescribe from time to time the organization 
of the military and naval forces and make regulations for 
their government. 

Art. LV. Article VI of Section III of Chapter II of the Certain article 
constitution is hereby annulled and the following is adopted annuHed and"^ 
in place thereof: Whenever the offices of governor and o'l-de^o?"^ 
lieutenant-governor shall both be vacant, by reason of death, succession in 
absence from the commonwealth, or otherwise, then one governor, etc., 
of the following officers, in the order of succession herein VacScy! 



64 



CONSTITUTION OF THE 



Return by 
governor to 
general court 
of bill or 
resolve for 
amendment, 
etc. 



Amendments, 
Art. IV, 
amended. 

Women may 
be appointed 
notaries 
public, etc. 



Article I, 
Chapter III 
of Part the 
Second, 
amended. 
Judicial officers, 
retirement of, 
etc. 



Every charter, 
etc., subject to 
revocation, etc. 



Building zones 
in cities and 
towns. 



Compulsory 
voting at 
elections. 



Common- 
wealth's credit 
not to be 
given to private 
enterprieea. 



named, namely, the secretary, attorney-general, treasurer 
and receiver-general, and auditor, shall, during such vacancy, 
have full power and authority to do and execute all and 
every such acts, matters and things as the governor or the 
lieutenant-governor might or could lawfully do or execute, 
if they, or either of them, were personally present. 

Art. LVI. The governor, within five days after any bill 
or resolve shall have been laid before him, shall have the 
right to return it to the branch of the general court in which 
it originated with a recommendation that any amendment 
or amendments specified by him be made therein. Such bill 
or resolve shall thereupon be before the general court and 
subject to amendment and re-enactment. If such bill or 
resolve is re-enacted in any form it shall again be laid before 
the governor for his action, but he shall have no right to 
return the same a second time with a recommendation to 
amend. 

Art. LVII. Article IV of the articles of amendment of 
the constitution of the commonwealth is hereby amended by 
adding thereto the following words: — Women shall be 
eligible to appointment as notaries public. Change of name 
shall render the commission void, but shall not prevent re- 
appointment under the new name. 

Art. LVIII. Article I of Chapter III of Part the Second 
of the constitution is hereby amended by the addition of the 
following words : — and provided also that the governor, with 
the consent of the council, may after due notice and hearing 
retire them because of advanced age or mental or physical 
disability. Such retirement shall be subject to any pro- 
visions made by law as to pensions or allowances payable 
to such officers upon their voluntary retirement. 

Art. LIX. Evers' charter, franchise or act of incorpora- 
tion shall forever remain subject to revocation and amend- 
ment. 

Art. LX. The general court shall have power to limit 
buildings according to their use or construction to specified 
districts of cities and towns. 

Art. LXI. The general court shall have authority to 
pro^ude for compulsory voting at elections, but the right of 
secret voting shall be preserved. 

Art. LXII. Section 1. The credit of the common- 
wealth shall not in any manner be given or loaned to or in 
aid of any individual, or of any private association, or of 
any corporation which is privately owned and managed. 



COMMONWEALTH OF ISIASSACHUSETTS. 65 

Section 2. The commonwealth may borrow money to common- 
repel invasion, suppress insurrection, defend the common- Wow money 
wealth, or to assist the United States in case of war, and pur^*^'.'' 
may also borrow money in anticipation of receipts from 
taxes or other sources, such loan to be paid out of the rev- 
enue of the year in which it is created. 

Section 3. In addition to the loans which may be con- Two-thirds 
tracted as before provided, the commonwealth may borrow vote^of °*^ 
money only by a vote, taken by the yeas and nays, of two- flqSricfto^ 
thirds of each house of the general court present and voting borrow money, 
thereon. The governor shall recommend to the general court 
the term for which any loan shall be contracted. 

Section 4. Borrowed money shall not be expended for Expenditure 
any other purpose than that for which it was borrowed or money°irmited. 
for the reduction or discharge of the principal of the loan. 

Art. LXIII. Section 1. Collection of Revenue. — AH Collection of 

PI IIP revenue. 

money received on account oi the commonwealth from any 
source whatsoe^'er shall be paid into the treasury thereof. 

Section 2. The Budget. — Within three sveeks after the The budget, 
convening of the general court the governor shall recom- <=°°*®°*S' ®**'- 
mend to the general court a budget which shall contain a 
statement of all proposed expenditures of the commonwealth 
for the fiscal year, including those already authorized by 
law, and of all taxes, revenues, loans and other means by 
which such expenditures shall be defrayed. This shall be General court 
arranged in such form as the general court may by law forS^tc.^^ 
prescribe, or, in default thereof, as the governor shall deter- 
mine. For the purpose of preparing his budget, the governor Governor 
shall have power to require any board, commission, officer or ISforSat'ion. 
department to furnish him with an}' information which he 
may deem necessary. 

Section 3. The General Appropriation Bill. — All ap- The general 
propriations based upon the budget to be paid from taxes or ^pp'"°p"^*»o° 
revenues shall be incorporated in a single bill which shall be 
called the general appropriation bill. The general court may 
increase, decrease, add or omit items in the budget. The 
general court may provide for its salaries, mileage, and ex- 
penses and for necessary expenditures in anticipation of 
appropriations, but before final action on the general appro- 
priation bill it shall not enact any other appropriation bill 
except on recommendation of the governor. The governor Supplementary 
may at any time recommend to the general court supple- " ^^^^' 
mentary budgets which shall be subject to the same pro- 
cedure as the original budget. 



66 



CONSTITUTION OF THE 



Special appro- 
priation bills 
may be 
enacted, when. 



Governor may 
disapprove, 
etc., items or 
parts of items 
in any appro- 
priation bill, 
etc. 



Items to have 
force of law, 
unless, etc. 



Biennial elec- 
tion of state 
officers, 
councillors, 
senators and 
representa- 
tives; terms 
of office. 



Treasurer inel- 
igible for more 
than three suc- 
cessive terms. 

General court 
to assemble 
annually. 

When first 
election under 
this article 
shall be held, 
etc. 



Section 4. Special Appropriation Bills. — After final ac- 
tion on the general appropriation bill or on recommenda- 
tion of the governor, special appropriation bills may be 
enacted. Such bills shall provide the specific means for 
defraying the appropriations therein contained. 

Section 5. Submission to the Governor. — The governor 
may disapprove or reduce items or parts of items in any bill 
appropriating money. So much of such bill as he approves 
shall upon his signing the same become law. As to each item 
disapproved or reduced, he shall transmit to the house in 
which the bill originated his reason for such disapproval or 
reduction, and the procedure shall then be the same as in 
the case of a bill disapproved as a whole. In case he shall 
fail so to transmit his reasons for such disapproval or reduc- 
tion within five days after the bill shall have been presented 
to him, such items shall have the force of law unless the 
general court by adjournment shall prevent such transmis- 
sion, in which case they shall not be law. 

Art. LXIV. Section 1 . The governor, lieutenant-gov- 
ernor, councillors, secretary, treasurer and receiver-general, 
attorney-general, auditor, senators and representatives, shall 
be elected biennially. The governor, lieutenant-governor 
and councillors shall hold their respective offices from the 
first Wednesday in January succeeding their election to and 
including the first Wednesday in January in the third year 
following their election and until their successors are chosen 
and qualified. The terms of senators and representatives 
shall begin with the first Wednesday in January succeeding 
their election and shall extend to the first Wednesday in 
January in the third year following their election and until 
their successors are chosen and qualified. The terms of the 
secretary, treasurer and receiver-general, attorney-general 
and auditor, shall begin with the third Wednesday in Janu- 
ary succeeding their election and shall extend to the third 
Wednesday in January in the third year following their 
election and until their successors are chosen and qualified. 

Section 2. No person shall be eligible to election to the 
office of treasurer and receiver-general for more than three 
successive terms. 

Section 3. The general court shall assemble every year 
on the first Wednesday in January. 

Section 4. The first election to which this article shall 
apply shall be held on the Tuesday next after the first Mon- 



COMMONWEALTH OF IVIASSACHUSETTS. 67 

day in November in the year nineteen hundred and twenty, 
and thereafter elections for the choice of all the officers 
before-mentioned shall be held biennially on the Tuesday 
next after the first Monday in November. 

Art. LXV. No person elected to the general court shall th^eneraf 
during the term for which he was elected be appointed to court not to 
anv office created or the emoluments whereof are increased to certain 

, " • 1 . • 1 I',' 1 1 offices, nor 

dunng such term, nor receive additional salary or comj^ensa- receive com- 
tion for se^^■ice upon any recess committee or commission reJ^s^com-" 
except a committee appointed to examine a general revision ^g"®^' ^^''^p*- 
of the statutes of the commonwealth when submitted to the 
general court for adoption. 

Art. LXVI. On or before January first, nineteen hun- Organization 
dred twenty-one, the executive and administrative work of tha"n t^nTy 
the commonwealth shall be organized in not more than ^ pertemthe 
twenty departments, in one of which every executive and adm^nllt^rltive 
administrative office, board and commission, except those ""■"'^ °^ ^^'^ 

' 11 1 •! common- 

officers serving directly under the governor or the council, wealth, 

©XCGOt etc 

shall be placed. Such departments shall be under such 
supervision and regulation as the general court may from 
time to time prescribe by law. 



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 
taeet on the first Wednesday of the ensuing June. In the mean 
time the constitution was submitted to the people, to be adopted 
by them, provided two-thirds of the votes given should be in the 
affirmative. When the convention assembled, it was found that 
the constitution had been adopted by the requisite number of 
votes, and the convention accordingly Resolved, "That the said 
Constitution or Frame of Governm.ent shall take place on the last 
Wednesday of October next; and. not before, for any purpose, 
save only for that of making elections, agreeable to this resolu- 
tion." The first legislature assembled at Boston, on the twenty- 
fifth day of October, 1780. 

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



68 CONSTITUTION OF THE 

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

The eleventh Article was adopted by the legislatures of the 
political j^ears 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 polit- 
ical 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 legislatures of the 
political years 1839 and 1840, respectively, and was approved and 
ratified by the people the sixth day of April, 1840. 

The General Court of the year 1851 passed an Act calling a third 
Convention to re\-ise the Constitution. The Act was submitted to 
the people, and a majority voted against the proposed Convention. 
In 1852, on the 7th of IMa}^ another Act was passed calling upon 
the people to vote upon the question of calling a Constitutional 
Convention. A majority of the people having voted in favor of 
the proposed Convention, election for delegates thereto took place 
in March, 1853. The Convention met in the State House, in 
Boston, on the 4th day of Maj', 1853, and organized by choosing 
Nathaniel P. Banks, Jr., President, and William S. Robinson and 
James T. Robinson, Secretaries. On the 1st of August, this Con- 
vention agreed to a form of Constitution, and on the same day was 
dissolved, after ha\dng provided for submitting the same to the 
people, and appointed a committee to meet to count the votes, 
and to make a return thereof to the General Court. The Com- 
mittee met at the time and place agreed upon, and found that the 
proposed Constitution had been rejected. 

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

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



com:\ionwealth of Massachusetts. 69 

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 3'ears 1862 and 1863, and ratified by the people on the 
sixth day of April, 1863. 

The tvv'enty-seventh ^^rticle 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 daj^ of November, 1881. 

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 were approved 
and ratified by the people on the third day of November, 1891. 

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

The thirty-fifth Article was adopted by the legislatures of the 
political j^ears 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 1894, and was approved and ratified by the 
people on the sixth day of November, 1894. 



70 CONSTITUTION OF THE 

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. 

The thirty-eighth Article was adopted by the legislatures of the 
political years 1909 and 1910, and was approved and ratified by the 
people on the seventh day of November, 1911. 

The thirty-ninth Article was adopted by the legislatures of the 
political years 1910 and 1911, and was approved and ratified by the 
people on the seventh day of November, 1911. 

The fortieth and forty-first Articles were adopted by the legis- 
latures of the political jTars 1911 and 1912, and were approved and 
ratified by the people on the fifth day of November, 1912. 

The forty-second Article was adopted bj^ the legislatures of the 
political j^ars 1912 and 1913, and was approved and ratified bj^ the 
people on the fourth day of November, 1913. 

The forty-third and forty-fourth Articles were adopted by the 
legislatures of the political years 1914 and 1915, and were approved 
and ratified bj^ the people on the second day of November, 1915. 

In his inaugural address to the General Court of 1916, Governor 
McCall recommended that the question of re\asing the Constitution, 
through a Constitutional Convention, be submitted to the people; 
and the General Court passed a law (chapter 98 of the General 
Acts of 1916) to ascertain and carry out the will of the people rela- 
tive thereto, the question to be submitted being "Shall there be a 
convention to re-\dse, alter or amend the constitution of the Com- 
monwealth?" The people voted on this question at the annual 
election, held on November 7, casting 217,293 votes in the affirma- 
tive and 120,979 votes in the negative; and accordingly the Gov- 
ernor on Dec. 19, 1916, made proclamation to that effect, and, by 
wtue of authority contained in the act, called upon the people 
to elect delegates at a special election to be held on the first Tuesday 
in May, 1917. The election was on May 1. In accordance with 
the provisions of the act, the delegates met at the State House on 
June 6, 1917, and organized by choosing John L. Bates, president, 
and James W. Kimball, secretar3^ After considering and acting 
adversely on numerous m^easures that had been brought before it, 



COMMONWEALTH OF MASSACHUSETTS. 71 

and after providing for submitting to the people the forty-fifth, 
forty-sixth and forty-seventh Articles, at the state election of 1917, 
and the Article relative to the establishment of the popular initia- 
tive and referendum and the legislative initiative of specific amend- 
ments of the Constitution (Article forty-eight) at the state election 
of 1918, the Convention adjourned on November 28 "until called 
by the President or Secretary to meet not later than within ten 
days after the prorogation of the General Court of 1918." 

The forty-fifth, forty-sixth, and forty-seventh Articles were sub- 
mitted, by delegates in convention assembled, September 28, 1917, 
August 30, 1917, and October 11, 1917, respectively, to the people, 
and by them ratified and adopted November 6, 1917. 

On Wednesday, June 12, 1918, the convention reassembled and 
resumed its work. Eighteen more articles (Articles forty-nine to 
sixty-six, inclusive) were approved by the convention and were 
ordered to be submitted to the people. On Wednesday, August 21, 
1918, the convention adjourned, "to meet, subject to call by the 
President or Secretary, not later than within twenty days after the 
prorogation of the General Court of 1919, for the purpose of taking 
action on the report of the special committee on Rearrangement of 
the Constitution." 

The forty-eighth Article was submitted, by delegates in conven- 
tion assembled, November 28, 1917, the forty-ninth Article, August 
7, 1918, the fiftieth to the sixtieth Articles, inclusive, August 15, 
1918, the sixty-first to the sixty-fourth Articles, inclusive, August 
20, 1918, and the sixty-fifth and sixty-sixth Articles, August 21, 
1918, to the people, and by them ratified and adopted, November 
5, 1918. 

On Tuesday, August 12, 1919, pursuant to a call of its President, 
the Convention again convened. A rearrangement of the Constitu- 
tion was adopted, and was ordered to be submitted to the people for 
their ratification. On the following day, a sub-committee of the 
Special Committee on Rearrangement of the Constitution was "em- 
powered to correct clerical and typographical errors and establish 
the text of the rearrangement of the Constitution to be submitted 
to the people, in conformity with that adopted by the Convention." 

On Wednesday, August 13, 1919, the Convention adjourned, sine 
die. 

On Tuesday, November 4, 1919, the rearrangement was approved 
and ratified by the people. 



72 CONSTITUTION OF MASSACHUSETTS. 



PROPOSED AMENDMENTS REJECTED BY THE 
PEOPLE. 

[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 
elections of state officers, and (2) Establishing biennial elections 
of members of the General Court, adopted bj^ 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.] 

[A proposed Article of Amendment to make Women eligible to 
appointment as Notaries Public, adopted by the legislatures of the 
political j^ears 1912 and 1913, was rejected by the people on the 
fourth day of November, 1913.] 

[A proposed Article of Amendment enabling Women to vote, 
adopted by the legislatures of the political years 1914 and 1915, 
was rejected by the people on the second day of November, 1915.] 



LNDEX TO THE CONSTITUTION. 



INDEX TO THE CONSTITUTION. 



A. 

Abatements, exemptions, etc., from tax on income, may be granted by- 
general court, .......... 51 

Abolition, etc., of courts, not to be subject of initiative or referendum pe- 
tition, 53, 59 

Absent voting, general court to have power to provide for, . . . .51 

Abuses, arising from circulating petitions for hire or reward, under initiative 

and referendum, to be regulated by the general court, ... 61 
Act of incorporation, everj', shall forever remain subject to revocation and 

amendment, .......... 64 

Acts and resolves of the general court, provision for submission of, to the 

people on referendum, etc., . . . . . . 50, 59, 60 

Address of both houses of the legislature, judicial officers may be removed by 

governor with consent of council upon, ..... 27 

Adjournment, of separate houses of general coiu^t, . . . . . 16, 18 

of the general court, .......... 63 

Adjutant general appointed by the governor, ...... 22 

Adjutants to be appointed by commanding officers of regiments, . . 22 

Administrative work of the commonwealth, organization of, into not more 

than twenty departments, ........ 67 

Advertising on public ways, etc., may be restricted, etc., . . . .62 

Affirmations, instead of the required oaths, may be made by Quakers, . 30, 31, 36 
Agricultural resources, conservation of, ....... 62 

Agriculture, arts, commerce, etc., to be encouraged, ..... 30 

Alimony, divorce, etc., .......... 27 

Allegiance, oaths and affirmations of, ...... 30, 31, 36 

Allowances or pensions, retirement of judicial officers on, .... 64 

Amendment and revocation of charters, franchises and acts of incorpora- 
tion, ........... 64 

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; 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, ... 37 
under initiative and referendum, and articles IX and XLII of amend- 
ments to constitution annulled, ...... 55, 56, 62 

Ancient landmarks, preservation of, . . . . . . . .63 

175] 



76 INDEX TO THE CONSTITUTION. 

PAQB 

Anti-aid amendment, so-called, . . . . . . . . 51, 52 

no initiative petition allowed against, ..... .53 

loan of public credit restricted by, ....... 61 

commonwealth's credit not to be given for private purposes, . . 64 

Antiquarian interest, property of, preservation of, ..... 63 

Appointments by the governor, ..... 35, 43, 44, 47, 49, 64 

Apportionment of councillors, ........ 25, 42, 43 

state to be divided into eight districts, ..... 43 

Apportionment of senators, . . . . . . . . 13, 41, 46 

on basis of legal voters, and state to be divided into forty districts, . 46 

Apportionment of representatives, . . . . . . 16, 39, 40, 41, 45 

to the several counties, made on the basis of legal voters, ... 46 
Appropriation of money from treasury for certain purposes, to be excluded 

from proposal by initiative or referendum petition, . . .53, 59 

Appropriation bill, the general, to be based upon the budget, etc., . . 65 

Appropriation bills, special, may be enacted after final action on general appro- 
priation bill, .......... 66 

Appropriations, origin of money bills, ....... 18 

no initiative or referendum petitions on, . . . . . . 53, 59 

budget and regulation of money bills, ...... 65, 66 

Arguments for and against measures under the initiative and referendum to 

be sent the voters by the secretary of the commonwealth, . . 61 

Armies, dangerous to liberty, and not to be maintained without consent of 

the legislature, .......... 8 

no quartering of troops, unless, ........ 9 

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 attending the general assembly, . 18 
Arrest, search and seizure, right of, regulated, ...... 7 

warrant to contain special designation, ...... 7 

Assembly, peaceable, the right of, ....... . 8 

not a subject for initiative or referendum petition, .... 53 

As.sembly of general court, frequent, ........ 9 

Association or corporation, private, not to be given credit of the common- 
wealth, ........... 64 

Attorney-general, to be chosen by the people annually in November ; amended, 

to be elected biennially, . . . . . 21, 43, 66 

to hold office for one year from third Wednesday in January next there- 
after, and until another is chosen and qualified; term of office ex- 
tended to two years, ......... 43 

not to be a legislator or congressman, . . . . . . 32, 37 

election determined by legislature, . . . . . . " . 44 

in failure of election by the voters, or in case of decease of person elected, 
vacancy to be filled by joint ballot of legislature from the two per- 
sons having the highest number of votes, at November election, . 44 
vacancy occurring during session of the legislature filled by joint ballot 

of legislature from the people at large, ...... 44 



INDEX TO THE CONSTITUTION. 77 



Attorney-general, vacancy occurring during recess of legislature filled by 

governor by appointment, with consent of council, ... 44 

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

election or appointment, ........ 44 

office to be deemed vacant if person elected or appointed fails to be quali- 
fied within ten days, ......... 44 

qualifications requisite, ......... 44 

initiative petition, etc., to be submitted to, . . . . . .54, 57 

description on ballot under initiative and referendum to be determined by, 61 
to exercise powers of governor and lieutenant governor in succession 

when both offices are vacant, ....... 64 

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

elected biennially, . . . . 43, 66 

to hold office for one year from third Wednesday in January next there- 
after, and until another is chosen and qualified; term of office 
extended to two years, . . . . . . . . 43, 66 

election determined by legislature, ....... 44 

vacancy filled in same manner as in office of attorney-general, . . 44 

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

election, ........... 44 

office to be deemed vacant if person elected or appointed fails to be quali- 
fied within ten days, ......... 44 

qualifications requisite, ......... 44 

to exercise powers of governor and lieutenant governor in succession 

when both offices are vacant, ....... 64 

B. 

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

protection from unreasonable, not a subject for initiative or referendum 

petition, . . . . . ... . . .53 

Ballot, voting by, and voting machines, . . . . . . . 17, 49 

form for popular legislation and vote on constitutional amendment, . 61 
Ballots cast at state election, number of negative votes required to disapprove 

law submitted to the people, . . . . . 56, 60 
Biennial election of senators, representatives and certain state officers to 

begin in November, 1920, 66 

Bill, the general appropriation, to be based upon the budget, etc., . . 65 
BUI appropriating money, governor may disapprove or reduce items or parts 

of items in, .......... 66 

Bill of rights, declaration of, ........ . 4-10 

certain individual rights not to be subject of initiative or referendum 

petition, ........... 53 

BUls, money, to originate in the house of representatives, .... 18 

Bills, special appropriation, may be enacted after final action on general 

appropriation bill, ......... 66 



78 INDEX TO THE CONSTITUTION. 

PAGE 

Bills and resolves, to be laid before governor for revisal, . . . . 11 

to have force of law if signed by governor, . . . . . .11 

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, . . . . . .11 

if not returned by governor within five days after presentation, to have 

force of law, unless the legislature adjourns before that time expires, . 11, 34 
may be returned to general court by governor recommending amend- 
ment, ........... 64 

provision for submission of, to the people on referendum, . . .50, 52 

Blind, the deaf, dumb or, privately controlled hospitals, etc., for, may be 

compensated for the care and support of such persons, ... 52 
Boards, public, to make quarterly reports to the governor, .... 23 

Boards and commissions, organized into not more than twenty depart- 
ments, ........... 67 

Bod}' politic, formation and nature of, ...... . 3 

title of: The Commonwealth of Massachusetts, ..... 10 

Borrowed money, expenditure of, limited, ....... 65 

Bribery or corruption used in procuring an appointment or election, to dis- 
qualify from holding any office of trust, etc., .... 32 

Budget, governor to recommend, to general court, ..... 65 

provision for supplementary, ........ 65 

Buildings may be limited for use," etc., to specified districts of cities and 

towns, ........... 64 

c. 

Census, of ratable polls, .......... 39 

of inhabitants, . . . . . . . . . . 41, 45, 46 

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

year thereafter, . . . . . . . . . 40, 45, 46 

enumeration of voters to determine the apportionment of representa- 
tives, . . . . . . . 45, 46 

Change of name by women notaries public renders commission void, but, 

etc., ............ 64 

Change of residence not to disqualify voter until six months from time of 

removal, etc., .......... 4S 

Charitable, institution, etc., publicly controlled, not to deprive an inmate 

of the opportunity of religious exercises of his own faith, . 52 

undertaking, not under exclusive public control, etc., grant of public 

money forbidden to, ......... 51 

Charters, etc., shall forever remain subject to revocation and amendment, . 64 
Church, appropriation of public money, etc., not to be made to found any, . 52 
Circulation of certain petitions under initiative and referendum to be regu- 
lated by the general court, ........ 61 

Cities, may be chartered by the general court, if containing twelve thousand 

inhabitants and consented to by a majority thereof, ... 35 



INDEX TO THE CONSTITUTION. 79 



Cities and towns not to aid certain schools, educational, charitable, religious 
or other institutions with moneys raised by taxation, 
may limit buildings for use, etc., to specified districts, . 
may take ancient landmarks for public use, .... 

Cities and towns, etc., to provide food and shelter during time of war, etc.. 
Citizens, homes for, general court empowered to take land for relieving con 
gestion of population and providing, ..... 

Citj% etc., law restricted to a particular, to be excluded from proposal by 
initiative or referendum petition, ..... 

Civil cases, right to trial by jury, ....... 

CivU officers, meeting for election to be held annually on the Tuesday next after 
the first Monday in November, ...... 

whose election is provided for by the constitution to be elected by a 
plurality of votes, ........ 

Clerk of house of representatives not to be legislator. 

Clerks of courts, elected by the people of the several counties, 

incompatible offices, ......... 

Clerks of towns to make records and returns of elections. 

Collection of revenue into the treasury, ...... 

College, not publicly owned, etc., grant of public money forbidden to, . 
Colonial laws, not repugnant to the constitution, continued in force. 
Commander-in-chief, governor to be, ...... 

Commerce, agriculture and the arts, to be encouraged. 
Commissary-general appointed and commissioned as fixed by law, . 26 

Commission officers, tenure of office to be expressed in commissions. 
Commission to prepare examinations for military and naval officers. 
Commissioners of insolvency elected by the people of the several counties 
annulled, .......... 

Commissions, to be in the name of the commonwealth, signed by governor 

attested by the secretary, and have the great seal affixed, 

to military and naval officers, by the governor, .... 

recess committees or, members of general court not to receive salary 
for service upon, except, etc., ...... 

Common pleas, judges of the courts of, restriction on office holding by. 

Commonwealth, not to aid certain schools, educational, charitable, religious 

or other institutions with moneys raised by taxation, etc., 

not to give credit to aid any individual, private association or private 

corporation, ......... 

to provide food and shelter during time of war, etc., 

law operative in particular districts, etc., of the, to be excluded from 

proposal by initiative or referendum petition, 
may take ancient landmarks, etc., for pubUc use, 
may borrow money to repel invasion, etc., ..... 

Compact of government, ......... 

Compensation, additional, not to be paid members of general court for service 
upon recess committees, except, etc., ..... 

Compulsory voting, general court to have authority to provide for, 



51 
64 
63 
52 

50 

53,59 
8 

42 

42 
32 
44 

32,37 
14 
65 
51 
33 

20,63 
30 

36,63 
26 
63 

44,49 

33 
63 

67 
37 

51 

64 
52 

53,59 

63 

65 

3,4 

67 
64 



80 



INDEX TO THE CONSTITUTION. 



Conflicting and alternative measures in popular legislation at one election, 
of constitutional amendments at one election, .... 

Congestion of population, etc., general court empowered to authorize the 
taking of land for relieving, .... 

Congress, delegates to, ...... . 

members of, may not hold certain state ofiices, 
state officers not to be members of, . 
Conservation, of certain natural resources of the commonwealth, 
of wild and forest lands, ...... 

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 nayp; 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, . . 37, 

specified number of voters may submit, ...... 

articles IX and XLII of amendments to, annulled, . ^. . . 

provisions for revising, ........ 34, 

to be enrolled on parchment, deposited in secretary's office, and printed 
in all editions of the laws, ..... 

rules governing initiative petitions for, 

matters excluded from initiative petition for, 

legislative substitute for, . . 

introduction into the general court by initiative petition of proposal for, 

procedure in general court for, ....... 

submission to the people of, .... . 

conflicting and alternative measures at one election, 

regulation of signatures to petitions for, 

form of ballot, ........ 

information for voters, ...... 

provisions for, to be self-executing but legislation permitted to facilitate 
their operation, .......... 

no part of the, specifically excluding any matter from the operation of 
the initiative and referendum, shall be the subject of an initiative 
petition, ........... 

Contents of initiative and referendum petitions, ..... 

Contracts, revocation of charters, etc., ....... 

Control of certain natural resources of the commonwealth, .... 

Coroners, appointment of, ........ . 

Corporation, privately owned and managed, not to be given credit of the 
commonwealth, .......... 

Corporations, revocation and amendment of charters, .... 

and co-partnerships, general court to provide by law for circulation of 
initiative and referendum petitions for hire or reward by. 
Corrupt practices in elections, relative to the right to vote by persons dis- 
qualified by reason of, ........ 



PAGE 

57,58 
57,58 

50 
27 
37 
37 
62 
50 



52-56 
55 
62 

37,55 

34 
53,54 

53 
54,55 

55 
55,56 

56 
57,58 
60,61 

61 
61,62 

62 



53 
53,59 
64 
62 
21 

64 
64 

61 

50 



INDEX TO THE CONSTITUTION. 



81 



Corruption or bribery used in procuring any appointment or election to dis- 
qualify from holding any office of trust, etc., .... 33 
Council, five members to constitute a quorum, ..... 20, 25, 43 
eight coimcUlors to be elected annually; amended, to be elected bien- 
nially, 25, 42, 66 

election to be determined by rule required in that of governor, . . 42 

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

both houses of assembly, . . . . . . . . 31, 36 

to rank next after the lieutenant governor, ...... 25 

resolutions and advice to be recorded in a register, and signed by the mem- 
bers present, .......... 25 

register of council may be called for by either house, .... 25 

incompatible offices, . . . . . . 32, 37 

to-exercise the power of governor when office of governor and lieutenant 

governor is vacant; annulled, ....... 25, 63 

authority to exercise powers of governor and lieutenant governor when 

both offices are vacant transferred to certain state officers, . . 63 

no property qualification required, ....... 42 

eight districts to be formed, each composed of five contiguous senatorial 

districts, ........... 42 

ehgible to election if an inhabitant of state for five years preceding elec- 
tion, ........... 43 

consent of, required to retire judicial officers for certain reasons, . . 64 

term of office ; changed to biennial election, . . 38, 66 

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 

officers serving directly under governor or, not to be included in any of 

the twenty departments, ........ 67 

Counties, election of officers in, . . . . . . . . 44, 49 

laws restricted to, not subject to initiative or referendum petition, . 53, 59 

County, certified signatures on any initiative or referendum petition not to 

exceed one fourth of registered voters in any one, .... 61 

Court, superior, judges not to hold certain other offices, .... 37 

Court, supreme judicial, judges to have honorable salaries fixed by standing 

laws, and to hold office during good behavior, . . 10, 24, 26, 27 

judges not to hold certain other offices, ...... 37 

to give opinions upon important questions of law, etc., when required by 

either branch of the legislature or by the governor and council, . 27 
Courts, clerks of, elected by the people of the several counties, ... 44 
Courts, the powers, creation or abolition of, not a subject for initiative or 

referendmn petition, . . . . . . . . . 53, 59 

right of access to and protection in the, not subject for initiative or 

referendum petition, ......... 53 

Courts, probate, provisions for holding, ....... 27 

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

Coiirts and judicatories, may be established by the general court, . , 11 



82 INDEX TO THE CONSTITUTION. 



Courts and judicatories, may administer oaths or affirmations, ... 12 
Credit of the commonwealth not to be given to aid any individual, private 

association or private corporation, etc., . . . . . 51, 64 

Crimes and offences, prosecutions for, regulated, ..... 7 

Crimes to be proved in the vicinity of where they happen, .... 7 

Criminal law, regulation, . . . . . . . . . . 7, 9 

D. 

Deaf, dumb or blind/ privately controlled hospitals, etc., for the, may be 

cpmpensated for the care of such persons, ..... 52 

Debate, freedom of, in the legislature, ....... 9 

Decision, a judicial, not to be a subject for initiative petition, ... 53 
Declaration of the rights of the inhabitants, ...... 4 

Declaration of rights, certain rights as declared in the, no measure incon- 
sistent with, shall be proposed by initiative or referendum petition, 53 
Declaration and oaths of officers ; tests aboUshed, . . . . . 30, 36 

Definition, etc., of initiative and referendum, ...... 52 

Delegates to congress, .......... 27 

Denomination, religious, appropriation of public money, etc., not to be made 

to found any, .......... 52 

Denominational doctrine, public money not to be granted a school or institu- 
tion wherein is inculcated any, ....... 51 

Departments, legislative, executive and judicial, to be kept separate, . 10 

Departments, not more than twenty, to perform executive and administrative 

work of the commonwealth, ....... 67 

Description on ballots under the initiative and referendum to be determined 

by attorney-general, ......... 61 

Development of certain natural resources of the commonwealth, ... 62 
Disbursement of moneys, regulation of, ...... • 23, 65 

Dissolution of general court, . . . . 11, 37, 49, 63 

Distress, public, etc., commonwealth, cities and towns may provide food, 

other common necessaries of life and shelter during time of, . . 52 

District attorneys, elected by the people of the several districts, . . . 44 

not to be congressmen, ......... 37 

Districts, councillor, eight, each to be composed of five contiguous senatorial 

districts, ........... 42 

Districts, senatorial, forty, to be of adjacent territory, and to contain as near 

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

Districts, etc., of the commomvealth, law restricted to particular, to be ex- 
cluded from proposal by initiative or referendum petition, . . 53, 59 
Districts, representative, to be established by commissioners in the several 

counties, 41, 45, 46 

Division, etc., of the commonwealth, law restricted to a particular political, 
to be excluded from proposal by initiative or referendum peti- 
tion, . . . . . . . . . . . . 53, 59 

Divorce, alimony, etc., .......... 27 



INDEX TO THE CONSTITUTION. 



83 



Doctrine, denominational, public money not to be granted a school or institu- 
tion wherein is inculcated any, ....... 51 

Dumb or blind, the deaf, privately controlled hospitals, etc., for, may be com- 
pensated for the care of such persons, ...... 52 

Duties and excises, power of general court to impose and levy reasonable, not 

to be limited, etc., ......... 51 



E. 

Easements, etc., in connection with certain natural resources, may be taken, . 62 
Education, no public aid for private, . . . . . .51 

qualification for suffrage, ......... 45 

no initiative petition on anti-aid measure, ...... 53 

Harvard College, powers, privileges, etc., . . . . . . 28, 29 

encouragement of literature, etc., ....... 29, 30 

Educational interests to be cherished, ....... 29 

Educational undertaking, not under exclusive public control, etc., grant of 

public money forbidden to, . . . . . .51 

Eighteenth amendment of the constitution not to be subject of an initiative 

referendum (Article XLVl), ....... 53 

Election, state, referendum on acts and resolves of the general court at, 

etc., 50, 56, 57, 59, 60 

Election of civil officers, meeting to be held annually on the first Tuesday next 
after the first Monday in November; amended, to be elected bien- 
nially, 42, 66 

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

Monday in November, ........ 42 

Election returns, . . . . . . . . . • . 14, 43 

Elections, biennial, for certain state officers, senators and representatives, 

fhst to be held in November, 1920, ...... 66 

Elections ought to be free, ......... 6 

Elections, by the people, of civil officers provided for by the constitution, to 

be by plurality of votes, ........ 42 

voting machines may be used at, ....... 49 

absent voting at, general court to provide by law for, .... 51 

freedom of, not a subject for initiative or referendum petition, . . 53 

compulsory voting at, general court to have authority to provide for, . 64 

biennial, of state officers, councillors, senators and representatives, . 66 
Emergency, public, etc., commonwealth, cities and towns may provide food, 

other common necessaries of life and shelter during, ... 52 

Emergency laws, to contain preamble, etc., ...... 58 

referendum on, petitions for, ........ 60 

Eminent domain, exercise of the right of, . . . . . . . 6, 62 

no initiative or referendum on right of, ...... 53 

Enacting style of laws established, ........ 33 

Enforcement of the laws, governor may employ military and naval forces 

for, 63 



84 



INDEX TO THE CONSTITUTION. 



English language, knowledge of, as franchise qualification, . 
Enrollment of constitution, ........ 

Equality and natural rights of all men, ...... 

Estates, valuation to be taken anew once at least every ten years. 

Ex post facto laws declared unjust and oppressive, .... 

Examination required for military and naval officers, .... 

Excises and duties, power of general court to impose and levy reasonable, not 

to be limited, etc., ........ 

Excluded matters, under popular initiative and referendum, definitions of, 
Executive department not to exercise legislative or judicial powers. 
Executive and administrative .work of the commonwealth, organization of, into 

not more than twenty departments, ..... 
Exemptions, etc., from tax on income may be granted by general court, 
Exigency, public, etc., commonwealth, cities and towns may provide food 

other common necessaries of life and shelter during, 
Extra sessions of the general court, ....... 



PAQE 

45 
34 

4 
13 

9 
63 

51 

53,59 
10 

67 
51 

52 
29,38 



F. 

Felony and treason, no subject to be declared guilty of, by the legislature. 
Fines, excessive, not to be imposed, ....... 

Food, etc., may be provided by the commonwealth, cities and towns, during 

time of war, etc., ........ 

Forest lands, taxation of, ........ 

Forest resources, conservation of, etc., ...... 

Form of question on ballot under the initiative and referendum, . 
Frame of government, ......... 

Franchise, every, shall forever remain subject to revocation and amend 

ment, .......... 

no grant of any, for more than one year, can be declared an emergency 

law, ........... 

Free public libraries, appropriations may be made for the maintenance of. 
Freedom of speech and debate in the legislature, .... 

Freedom of the press, of speech, and of elections, not to be subjects for initia 

tive or referendum petition, ...... 

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

court or council, ........ 

by governor, provision requiring, and annulled, .... 

Fundamental principles of the constitution, a frequent recurrence to, recom 

mended, . . . . . . . . 



9 
9 

52 
50 
50,62 
61 
10 

64 

58 

52 

9 

53 

42 
19,49 



General appropriation bill to be based upon the budget, etc., ... 65 
General court, to assemble frequently for redress of grievances, and for making 

laws, ........... 9 

freedom of speech and debate in, ....... 9 

not to declare any subject to be guilty of treason or felony, ... 9 



INDEX TO THE CONSTITUTION. 85 



General court, formed by two branches, a senate and house of representa- 
tives, each having a negative on the other, . . .10,11 
to assemble every year on the first Wednesday of January, at such other 
times as they shall judge necessary, and whenever called by the 
governor, with the advice of council, ..... 11,20,37 

may constitute and erect judicatories and courts, . . . .11 

may make wholesome and reasonable laws and ordinances not repugnant 

to the constitution, ......... 12 

may provide for the election or appointment of officers, and prescribe 

their duties, .......... 12 

may impose taxes, etc., to be used for the public service, . . 12, 50, 51 

to be dissolved on the day next preceding the first Wednesday of January, 20, 38 
travelling expenses of members; provision annulled, . .17,49 

may be adjourned or prorogued, upon its request, by the governor with 

advice of council, ......... 20 

may take recess of not more than thirty days, ..... 63 

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 prevail- 
ing, 20 

judicial officers may be removed upon address of, .... 27 

person convicted of bribery not to hold seat in, . . . .32 

may increase property qualifications of persons to be elected to office, . 33 
certain officers not to have seats in, . . . . . . . 32 

may be prorogued by governor and council for ninety days, if houses dis- 
agree, etc., .......... 20 

to elect major generals by concurrent vote, ...... 22 

empowered to charter cities, . . . . . . . .35 

to determine election of governor, lieutenant governor and council- 
lors, 19, 24, 43 

certain officers not to be members of, . . . . . . . 32, 37 

persons convicted of corrupt practices not to be members of, . . 32, 37 

to prescribe by law for election of sheriffs, registers of probate and com- 
missioners of insolvency by the people of the counties, and district 
attorneys by the people of the districts, ..... 44 

quorum to consist of a majority of members, ..... 49 

powers of, relative to the taking of land, etc., for widening or relocating 

, highways or streets, ......... 49 

freehold, or any other estate, as a qualification for a seat in the, or coun- 
cil, not required, ......... 42 

powers of, with regard to the budget, ....... 65 

governor to recommend budget annually to, ..... 65 

departments to be supervised and regulated by laws of, ... 67 

limitations on legislative power of the, extended to legislative power of 

the people, etc., ......... 53 

specified number of voters required to submit laws enacted by the, for 

ratification, etc., by the people, ... 52, 54, 55, 56, 57, 59, 60 

shall raise and appropriate money to carry into effect laws enacted by 

the people, etc., .......... 53 



86 



INDEX TO THE CONSTITUTION. 



General court, legislative power shall continue to be vested in, except, as 

provided by initiative and referendum petitions, etc., 
members of, not eligible for appointment to certain offices, except, etc., . 
provision for submission of bills and resolves of, to the people on referen- 
dum; and annulled, ......... 

powers of, relative to the taking of land, etc., to relieve congestion of 

population and to provide homes for citizens, .... 

to determine manner in which the commonwealth, cities and towns may 

provide food and shelter in time of war, etc., .... 

to provide by law for absent voting, ....... 

to provide for compulsory voting, ....... 

adjournment of, to cause a bill or resolve not to become law if the governor 

cannot return it with his objections within five days after its receipt, 
efifect of adjournment of, upon items disapproved by governor in general 

appropriation bill, but not returned within five days, 
to take yea and nay vote on loans contracted by the commonwealth, 
to have authority to provide for compulsory voting at elections, 
to have power to limit buildings for use in cities and towns, . 
to provide for taking certain natural resources, .... 
may amend or repeal laws approved by the people subject to governor's 

veto and referendum, ...... 

may regulate taking of ancient landmarks and property of historical 

interest, ........ 

may prescribe by law for appointment and removal of military and naval 

officers, etc., ....... 

to provide for recruitment, etc., of military and naval forces, 

may authorize the governor to make regulations, etc., for the military 

and naval forces, ........ 

governor may return bill or resolve to, recommending amendment, etc., 
governor to recommend to, term for which commonwealth loan shall be 

contracted, ........ 

shall assemble every year on the first AVednesday in January, 
Government, objects of, . . . . . . .3 

Government by the people, as a free, sovereign and independent state 
Governor, the supreme executive magistrate, styled, — The Governor of the 

Commonwealth of Massachusetts; with the title of, — His Excellency; 

elected annually; amended, to be elected biennially, . . 19, 

qualifications, .......... 19, 

term of office, .......... 19, 

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; and annulled, . 
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 presence of the 

two houses of assembly, ....... 30, 



52 
67 

50,62 

50 

52 
51 
64 

34 

66 
65 
64 
64 
62 

62 

63 

63 
63 

63 
64 

65 

66 

4,5,6 

5 



38,66 

36,49 

38,66 

23 

21,63 
22,63 
20,25 
32,37 

31,36 



INDEX TO THE CONSTITUTION, 



87 



PAGE 

Governor, to sign all commissions, ........ 33 

election determined by the legislature, ...... 19 

veto power, 11, 62, 64, 66 

may return bill or resolve to the general court recommending amend- 
ment, ........... 64 

to recommend to general court the term for which any loan shall be 

contracted, .......... 65 

vacancy in office of, powers to be exercised by the lieutenant governor, . 24 
and lieutenant governor, vacancy in office of, powers to be exercised by 

the council; and annulled, . . . . . . . . 25, 63 

vacancy in offices of both governor and lieutenant governor, powers to 
be exercised in order of succession by secretary, attorney-general, 
treasurer and receiver general, and auditor, ..... 63 

vsdth advice of council, may adjourn or prorogue the legislature upon re- 
quest, and convene the same, ....... 20 

may adjourn or prorogue the legislature for not exceeding ninety days 
when houses disagree, or may direct session to be held in other than 
the usual place in case of an infectious distemper prevailing, . 20 

to appoint all judicial officers, notaries public and coroners; nominations 

to be made at least seven days before appointment, etc., 21, 35, 49, 64 

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, ....... 27 

to commission all military and naval officers, ..... 22, 63 

to call joint session on constitutional amendments, .... 55 

to fill vacancies in certain elected executive offices, .... 44 

to have power to cause certain laws to take effect forthwith, . . 58 

with consent of council, may retire judicial officers for certain reasons, . 64 
to recommend budget and supplementary budgets to the general court, . 65 
may disapprove or reduce items or parts of items in any bill appropriating 

money, ........... 66 

Governor and council, to examine election returns, . . . . . 15, 44 

may punish persons guilty of disrespect, etc., by imprisonment not exceed- 
ing thirty days, .......... 18 

quorum to consist of governor and at least five members of the council, . 20 
• may require the attendance of the secretary of the commonwealth in 

person or by deputy, . . ...... 26 

may require the opinions of the justices of the supreme judicial court 

upon important questions of law, etc., ...... 27 

to hear and determine all causes of marriage, divorce and alimony, and 

appeals from judges of probate, etc., ...... 27 

officers serving directly under, not to be included in any of the twenty 

departments, .......... 67 

Guardian, parent or, consent of, required to have minor in a publicly controlled 

reformatory, etc., attend religious services, etc., .... 52 



INDEX TO THE CONSTITUTION. 



H. 

PAGE 

Habeas corpus, privilege of writ to be enjoj'ed in the most ample manner, and 

not to be suspended by legislature except upon most urgent occasions, 33 
Harvard College, powers and privileges, gifts, grants and conveyances con- 
firmed, 28, 29 

board of overseers established, but the government of the college may be 

altered by legislature, ........ 29 

officers may be elected members of the general court, .... 48 

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

Highways, etc., taking of land for widening or relocating, powers of the legis- 
lature concerning, . . . . . . 49, 50 

Hire or reward, petitions circulated for, under initiative and referendum, to 

be regulated by general court, ....... 61 

Historical property, preservation of, . . . . . . . .63 

Home, the Soldiers', in Massachusetts, appropriations may be made for the 

support of, ...... . 51, 52 

Homes for citizens, general court given power to take land for relieving con- 
gestion of population and providing, ...... 50 

Hospital, not publicly owned, etc., grant of public money forbidden to, . 51 

for the deaf, dumb or blind, privately controlled, may be compensated 

for the care of such persons, ....... 52 

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

a representation of the people annually elected and founded upon the 

principle of equality, . . . . . . . .16 

may impose fines upon towns not choosing members, .... 17 

expense of travel once every session each waj^ to be paid by the govern- 
ment; provision annulled, . . . . . . . 17, 49 

to enter objections made by governor to a bill or resolve at large upon 

records, ........... 11 

qualifications of members, . . . . . . . 17, 42, 46 

to judge of the qualifications of its own members, . . . .18 

must be an inhabitant of district for one 5'ear preceding election, and 
shall cease to be a member when ceasing to be an inhabitant of the 
state, ........... 46 

members not to be arrested on mesne process during going to, return- 
ing from, or attending the general assembly, ..... 18 

the grand inquest of the commonwealth, ...... 18 

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

amendments, .......... 18 

not to adjourn more than two days at a time, . . . . .18 

maj^, by concurrent vote, take a recess of not more than thirty daj's, . 63 
quorum of, . . . . . . . 18, 46, 49 

to choose officers, establish its rules, etc., . .... 18 

may punish by imprisonment, not exceeding thirty days, persons guilty 

of disrespect, etc. ; trial may be by committee, .... 18 

privileges of members, ......... 18 



INDEX TO THE CONSTITUTION. 89 



House of representatives, may require the attendance of secretary of the com- 
monwealth 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, . . 27 

clerk of, not to be a legislator, ........ 32 

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

of Nove«iber, .......... 42 

members of, to be elected biennially, ....... 66 

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

November, .......... 42 

to consist of two hundred and forty members, apportioned to the several 

counties equally, according to relative number of legal voters, . 45 
commissioners to divide counties into representative districts of contigu- 
ous territory, but no town or ward of a city to be divided, . . 45, 46 
no district entitled to elect more than three representatives, ... 46 
board authorized to divide county into districts, to be certified to by the 
secretary, the number of representatives to which the county is en- 
titled, 46 

I. 

Impeachments, by the house of representatives, to be tried by the senate; 

limitation of sentence; party convicted liable to indictment, . . 16, 18 

Income, tax on, general court may impose and lev}', etc., .... 50 

Incompatible offices, .......... 32, 37 

Incorporation, every act of, shall forever remain subject to revocation and 

amendment, .......... 64 

Individual, any, credit of the commonwealth not to be given in any manner 

to, 64 

Individual rights, no proposition inconsistent with certain, can be subject of 

initiative or referendum petition, ...... 53 

Individuals, who circulate initiative and referendum petitions for hire or 

reward, to be licensed, ........ 61 

Infirmary, not publicly owTied, etc., grant of public money forbidden to, . 51 
for the deaf, dumb or blind, privately controlled, may be compensated 

for the care actually rendered such persons, ..... 52 

Information for voters to be sent by the secretary of the commonwealth 

under the initiative and referendum, ...... 61 

"Inhabitant," the word defined, etc., . . . . . . . 6, 14 

Inhabitants, census to be taken in 1865, and every tenth year there- 
after, 39,41,45,46 

may be provided with food and shelter during time of war, exigency, 

etc., ............ 52 

Initiative (see also Referendum) : 

definition of, ........... 52 

contents and mode of originating petition, . . . . . . 53, 54 

constitutional amendment petition, . . . . . . 53, 54, 55 



90 



INDEX TO THE CONSTITUTION. 



Initiative (see also Referendum) : — Concluded. 

excluded matters, ......... 

transmission of petition to general court, ..... 

reference of measure to committee of general court, 
procedure in general court on petition for amendment, . 
legislative substitute for initiative measure, .... 

submission of amendment to the people, necessary vote, 
procedure in general court on petition for law, submission to the people 
and necessary vote, ........ 

amendment of proposed law by petitioners and submission to the people 
by the secretary of the commonwealth, .... 

conflicting and alternative measures at the same election, which shall 
govern, etc., ......... 

identification, certification and limitation on signatures to petitions 
etc., ........... 

general court may regulate abuses arising from circulating petitions for 
hire or reward, ......... 

description and form of question on ballot, ..... 

information for vot<;rs to be sent by secretary of the commonwealth, 
governor's veto not to extend to measures approved by the people, 
general court, subject to governor's veto and referendum, may amend 
or repeal a law approved by the people, .... 

provisions to be self-executive but legislation may be enacted to facilitate 
their operation, ......... 

Inmate of pubUcIy controlled reformatory, etc., not to be deprived of oppor 

tunity of religious exercises of his own faith, etc., . 
Insolvency, commissioners of, elected by the people of the several counties 
and annulled, ......... 

Institution, not publicly owned, etc., grant of public money forbidden, 

for the deaf, dumb or blind, privately controlled, may be compensated 
for the care actually rendered such persons, .... 

reformatory, penal or charitable, publicly controlled, not to deprive in 

mate of the opportunity of religious exercises of his own faith, etc., 
of learning, wherein any denominational doctrine is inculcated, not to be 
aided, etc., by grant of public money or credit, 
Instruction of representatives, ........ 

Insurrection, commonwealth may borrow money to suppress, etc., 
Interests, lands or easements, in connection with certain natural resources 
may be taken, ......... 

Invasion, governor may employ military and naval forces to repel, 

commonwealth may borrow money to repel, etc.. 
Items or parts of items in any bill appropriating money, governor may dis- 
approve or reduce, ........ 

Items, etc., in appropriation bill disapproved, etc., when to have force of 
law, or not be law, ........ 



53 
54 
54 
54-56 
54,55 
56 

56 

57 

57,58 

60,61 

61 

61 

61,62 

62 

62 

62 

52 

44,49 
51 

52 

52 

51 

8 

65 

62 
63 
65 

66 

66 



INDEX TO THE COxXSTITUTIOX. 



91 



J. 

PAGE 

Judges, appointment, recall or removal of, not subjects for initiative or referen- 
dum petition, . . . . . . . . . . 53, 59 

Judges of courts may not hold certain other offices, . . . . . 32, 37 

Judges of the supreme judicial court, to hold office during good behavior, and 

to have honorable salaries established bv standing laws, . 10, 24, 26, 27 

to give opinions upon important questions of law, etc., when required by 

the governor and council, or either branch of legislature, . . 27 

not to hold certain other offices, . . . . . . . 32, 37 

Judicatories and courts, may be estabUshed by the general court, . . 11 

may administer oaths or affirmations, ...... 12 

Judicial decision, reversal of a, not a subject for initiative petition, . . 53 

Judicial department, not to exercise legislative or executive powers, . . 10 

Judicial officers, appointed by the governor with consent of council; nomina- 
tions to be made seven days prior to appointment, . . .21, 22 
to hold office during good behavior, except when otherwise provided by 

the constitution, ......... 26, 27 

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

houses of the legislature, ........ 26, 27 

may be retired on pension by governor with consent of council, for certain 

reasons, ........... 64 

Jury, right of trial by, not a subject for initiative or referendum petition, . 53 
Jury, trial by, right secured, ......... 7 

Justices of the peace, commissions to expire in seven years from date of ap- 
pointment, but may be renewed, . . . . . . .27 

removal of, from office, . . . . ' . . . . .49 

judges may be appointed as, . . . . . . . . 32, 37 



L. 

Land, etc., taking of, for widening or relocating highways, etc., 

for relieving congestion of population and providing homes for citizens. 
Landmarks, ancient, preservation of, ...... 

Lands, easements or interests, in connection with certain natural resources 
may be taken, ......... 

Law prohibiting free exercise of religion not to be passed. 
Law-martial, only those employed in the army and navy, and the mihtia in 
actual service, subject to, except by authority of the legislature, 

lirotection from the, not a subject for initiative or referendum petition 
Laws, every person to have remedy in, for injury to person or property, 

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

power of general court to enact, ...... 

suspension of, mode of petitioning for, ..... 

enacting style of ......... . 

ex post facto, prohibited as unjust and inconsistent with free government, 

of province, colony and state, not repugnant to the constitution, con- 
tinued in force, .......... 



49,50 
50 
63 



62 
51 

9 
53 

7 

i,9 

12 

59 

33 

9 

33 



92 INDEX TO THE CONSTITUTION. 



PAGE 



Laws, passed by the general coiirt, when to take effect, .... 58 

approved by the voters, when to take effect, . . . . . 56, 59 

emergency, to contain preamble, etc., ...... 58 

enacted by the general court, unless expressly excluded, made subject 

to referendum to the people, ....... 59 

relating to certain subjects to be considered matters excluded from initia- 
tive and referendum petitions, . . . . . . . 53, 59 

approved by the people, may be amended or repealed by the general 

court, ............ 62 

submission of, to the people for approval, ratification or rejection, under 

the popular referendum, ........ 52 

Learning, school or institution of, wherein any denominational doctrine 
is inculcated, not to be aided, etc., by grant of public money or 
credit, ........... 51 

Legal obligations, grant of public money or credit permitted to carry out 

certain, ........... 52 

Legislative department not to exercise executive or judicial powers, . 10 

Legislative power, of the general court, . . 8-18, 35, 48, 50, 51, 63, 64, 67 

to be vested in general court, except, ....... 52 

of the people, limitations, ......... 53 

Legislature (see General court). 

Liberty of the press, essential to the security of freedom, .... 8 

Libraries, free public, appropriations may be made for maintenance of, . 52 

Licenses to be issued to individuals who circulate initiative and referendum 

petitions for hire or reward, ....... 61 

Lieutenant governor, to be annually elected in November, — title of. His 
Honor; who shall be qualified same as governor; changed to bien- 
nial election, 24,38,42,49,66 

qualifications, . . . 24, 44, 49 

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 

vacancy in offices of both governor and, powers to be exercised in order 
of succession by secretary, attorney-general, treasurer and receiver 
general, and auditor, .......•• 66 

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

houses, . . . • • • • . 30, 31, 36 

not to hold certain other offices, . . . ... . .32 

term of office, . . . . . . • • . 38, 66 

Limitations, certain, on legislative power of the general court, shall extend 

to legislative power of the people, ...... 53 

on signatures of petitions, under the initiative and referendum, in any 

one county, .......... 61 

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

Loans, certain, to be paid out of revenue of the year in which created, . . 65 

to be contracted only by yea and nay vote of each house, ... 65 
Localities of the commonwealth, law restricted to particular, to be excluded 

from proposal by initiative or referendum petition, . . .53, 59 



INDEX TO THE CONSTITUTION 



93 



M. 

Magistrates and courts not to demand excessive bail, impose excessive fines, 

or inflict cruel punishments. 
Magistrates and officers accountable to the people, 
Major generals, elected by senate and house of representatives by concun-ent 
vote, ....... 

may appoint their aids, ..... 

Marriage, divorce and alimony, .... 

Martial law, only those emploj^ed in the army and navy, and the militia in 
actual service, subject to, except by authority of legislature, . 
protection from, not a subject for initiative or referendum petition. 
Matters, excluded, from initiative and referendum petitions, 
MiUtary power, subordinate 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 officers, 
major generals, elected by senate and house of representatives by concur- 
rent vote, . . . . . . . . ... 

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

oflficers commissioned to command may be removed as may be prescribed 
by law, ........ 

appointment of staff officers, ..... 

organization; divisions, brigades, regiments and companies, 
Militia and naval forces, recruitment, etc., of, . 
Militia and naval officers, selection, appointment and removal of. 
Mineral resources and rights, conservation of, etc.. 
Minor, in publicly controlled reformatory, etc., not compelled to attend reli- 
gious services, etc., without consent of parent or guardian, 
Mode of originating initiative petitions, ..... 

Mode of petitioning for suspension of a law and a referendum thereon 
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, .... 

borrowed, expenditure of, limited, 
borrowed in anticipation of receipts from taxes, when loan shall be paid, 
all, received on account of the commonwealth to be paid into the treasury, 
bills appropriating, governor may disapprove or reduce any items or parts 
of items in, .......... 

certain appropriations of, from treasm-y of the commonwealth, excluded 
from initiative and referendum petitions, ..... 

bills to originate in the house of representatives, ..... 



9 
5 

22 
22 
27 

9 

53 

53, 59 

8 

21 

22,36 

36 

22 

22 

22 
22 

22 

22,36 
22 

22,23 
63 
63 
62 

52 
54 
59 
23 

33 
65 
65 
65 

66 

53,59 
18 



94 



INDEX TO THE CONSTITUTION. 



Moneys, raised or appropriated for public or common schools, not to be applied 

for support of sectarian schools, etc, . . . . . . 44, 51 

Moral obligations of lawgivers and magistrates, ...... 8 

Moral quaUfications for office, ......... 8 

Municipal governments, authority given general court to create, ... .35 

N. 

Name, change of, by women notaries pubUc renders commission void, but 

reappointment may be made, etc., ...... 64 

Natural resources of the commonwealth, conservation of, . . . .62 

Naval and military forces, recruitment, etc., of, . . . . . .63 

Naval and military officers, selection, appointment and removal of, . . 63 

Necessaries of life, commonwealth, cities and towns may take and provide, 

during time of war, exigency, etc., ...... 52 

Negative vote required, size of, to disapprove suspension of a law and refer- 
endum thereon, .......... 60 

Notaries public, to be appointed by governor with advice of council, . 26, 35, 36 
women may be appointed, ........ 64 

how removed, . . . . . 36, 49 

Number to be given each question on the ballot by the secretary of the com- 
monwealth, under the initiative and referendum, ... 61 



o. 

Oaths and affirmations, may be administered by courts and judicatories, 

how and by whom taken and subscribed, ..... 30, 

forms of, . . . . . . . • . • .30, 

Quakers may affirm, ........ 

to be taken by all civil and military officers, .... 

Objects of government, ......... 

Obligations, legal, grant of public money or credit to certain institutions, etc., 
to carry out certain, ........ 

Offences and crimes, prosecutions for, regulated, .... 

Office of trust, person convicted of bribery, etc., not to hold. 

Office, rotation in, right secured, ....... 

all persons having the prescribed qualifications equally eligible to, . 
no person eligible to, unless he can read and write, 
member of general court not eligible to, created, etc., during his term of 
election, etc., ......... 

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

Officers, commission, tenure of office to be expressed in commissions. 

Officers, judicial, to hold office during good behavior, except, etc., 

may be removed by governor, with consent of council, upon the address of 
both houses of the legislatvu-e, ...... 

Officers of former government continued, ...... 

Officers of the militia, etc., election and appointment of, . 



12 
31,36 
31,36 
31,36 

36 
3,6 

52 
7 

32 
6 
6 

45 

67 

12 

26 

26,27 

27 

33 

22,63 



INDEX TO THE CONSTITUTION. 



95 



PAGB 

Officers of the militia, etc., removal of, . . . . -22, 36, 63 

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

Offices, plurality of, prohibited to governor, lieutenant governor and judges, . 32, 37 
incompatible, ........••• 32, 37 

Organization of the general court, . . . . . . • . 16, 18 

Organization of the militia and naval forces, ...... 22, 63 

Originating, mode of, initiative petitions, ....... 54 



P. 

Pardon of offences, governor with advice of council may grant, but not before 

conviction, .......-• 

Parent, consent of guardian or, required to have minor in a pubHcly controlled 

reformatory, etc., attend religious services, etc., 
Parts of items in bill appropriating money, governor may disapprove or 

reduce, .......... 

Peaceable assembly, the right of, not a subject for initiative or referendum 

petition, .......... 

Penal institutions, etc., publicly controlled, not to deprive an inmate of the 

opportunity of religious exercises of his own faith, etc., . 
Pension, retirement of judicial officers upon, ..... 
People, to have the sole right to govern themselves as a free, sovereign and 

independent state, . . 

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

their representatives, and to petition legislature, 
legislative power of the, limitations on, ..... 

submission of constitutional amendments, etc., to the, by popular initia 

tive and referendum, ........ 

Person and property, remedy for injuries to, should be in the laws. 
Petition, right of, .....■•■• ■ 

initiative and referendum, definition of, mode of originating 

etc., 52, 53, 54, 

Petitions circulated by individuals for hire or reward, under initiative and 

referendum, license to be issued for, . . ... 

Plantations, unincorporated, tax-paying inhabitants may vote for councillors 

and senators, .......•■• 

Plurality, of offices, . . . . 

of votes, election of civil officers by, ....... 

Pohtical division, any, of the commonwealth, may pay for care or suj^port fur- 
nished by privately controlled hospitals, etc., for the deaf, dumb or 

blind, ........•• 

Political year begins on the first Wednesday of January, 

Poll tax, payment of, as a prerequisite for voting, provision for, annulled, 

Polls, ratable, census of, ......•• • 

Popular government, rights of, ....... 

Popular initiative and referendum, ....... 



21 

52 

66 

53 

52 
64 



8 
53 

56 
7 
8 

59,60 

61 

14, 15 
32,37 

42 



52 

38,66 

49 

39 

5,6 

52-62 



96 INDEX TO THE CONSTITUTION. 



Population, congestion of, etc., general court empowered to authorize the 

taking of land for relieving, ....... 50 

Postmaster may hold state office, ........ 37 

Power to submit constitutional amendments and laws to the people for ap- 
proval or rejection, ......... b2 

Preamble to constitution, ......... 3 

Preamble, emergency laws to contain, ....... 58 

President of the senate, choice of, . . . . . . . .16 

to preside at joint session of the two houses on proposed constitutional 

amendments, .......... 55 

Press, freedom of the, not a subject for initiative or referendum petition, . 53 
Press, liberty of, essential to the security of freedom, ..... 8 

Private assocfation, etc., not to be given credit of the commonwealth, . . 64 

Private property taken for public uses, compensation to be made for, . . 6 

Private property appropriated to public use, right to receive compensation 

for, not a subject for initiative or referendum petition, ... 53 
Private property within public view, advertising on, may be restricted, etc., . 62 
Privileges, no hereditary, ......... 5 

Probate courts, provisions for holding, ....... 27 

registers elected by the people of the several counties, . . -21, 22, 44 
judges may not hold certain other offices, ...... 37 

Property, right of protection of ........ . 6 

no initiative or referendum petition contravening protection, . . 53 

income derived from various classes of, rates upon, how levied, . . 50, 51 

of historical or antiquarian interest, preservation of , . . . .63 

Property qualification, may be increased by the legislature, ... 33 

partially abolished, .......... 42 

of governor, annulled, ......... 49 

Propositions, certain, not to be subject of an initiative or referendum pe- 
tition, . . ... . . . . . . 53, 59 

Prorogation of the general court, . . . . . . . 20, 38 

Prosecutions for crimes and offences regulated, ...... 7 

Provincial laws, not repugnant to the constitution, continued in force, . 33 

Public boards and certain officers to make quarterly reports to the governor, . 23 
Public credit, etc., not to be authorized to found, etc., any church, religious 

denomination or society, . . . . . . .51 

Public debts, contraction of, . . . . . . . . 64, 65 

Public e.vigenc}^ etc., commonwealth, cities and towns may provide food, other 

common necessaries of life and shelter during, .... 52 

Public libraries, free, appropriations may be made for support of, . . 52 

Public notary (see Notary public). 

Public offices, right of people to secure rotation, ..... 6 

all persons having the prescribed qualifications equally eligible, . . 6 

Public religious worship, right and duty of, . . . . . . 4, 52 

Public trading amendment, so-called, ....... 52 

Public use, right to receive compensation for private property appropriated 

to, not a subject for initiative or referendum petition, ... 53 



INDEX TO THE CONSTITUTION. 



97 



PAGB 

Public use, in necessaries of life, ........ 52 

in natural resources, .......... 62 

in historic sites, etc., ......... 63 

Public ways and places, advertising on, may be restricted, etc., ... 62 

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

Q. 

Quakers may make affirmation, . . . . 31, 36 

Qualification of persons to be elected to office may be increased by the legisla- 
ture, .......... 33 

Qualification, property, of governor, abolished, ...... 49- 

partially abolished, ......... 42 

Qualifications, of a voter 14, 17, 35, 45, 47, 48, 49 

of governor, 19,36,49 

of lieutenant governor, ........ 24, 44, 49 

of councillors, ........... 42, 43 

of senators, . . . . . . . . . • . 16, 47 

of representatives, . . . . . . . . . 17, 18, 46 

of secretary, treasurer, auditor and attorney-general, .... 44 

Qualifications, moral, of officers and magistrates, . . . . . 8 

Quartering of troops, .......... 9 

Quartermasters appointed by commanding officers of regiments, ... 22 
Question, each, on the ballot to be given a number by the secretary of the 

commonwealth, under the initiative and referendum, ... 61 
Quorum, of council, ......... 20, 25, 43 

of senate, . .16,47,49 

of house of representatives, . . . . . . . 18, 46, 49 



R. 

Rank of councillors, . . . . . . . 

Ratable polls, census of, . 

Rates, tOiX, upon income, how levied, ...... 

Reading and writing, knowledge of, necessary qualifications for voting or 
holding office, ......... 

Rebellion, governor may employ military and naval forces to suppress, 
Recall of judges shall not be proposed by initiative petition. 
Recess of general court for not more than thirty days, 
Recess committees or commissions, members of general court not to receive 
salary for service upon, except, etc., ..... 

Records of the commonwealth to be kept in the office of the secretary. 
Re-enactment of certain bills and resolves, ..... 

Referendum (see also Initiative) : 

definition of, ......... • 

time when laws shall take effect, ...... 

exemption of emergency laws, ....... 

governor may cause certain laws to take effect forthwith, 



25 
39 

50,51 

45 
63 
53 
63 

67 
26 
64 

52 

58 
58 



98 



INDEX TO THE CONSTITUTION. 



Referendum (see also Initiative): — Concluded. 

grant of certain franchises shall not be declared emergency laws, 
contents of petitions, . . . . 

certain matters excluded from petitions, 
mode of petitioning for suspension of a law, 
votes necessary for approval by the people, 
petition for repeal of emergency or other active law, 
identification, certification and limitation on signatures, 
general court may regulate abuses arising from circulating petitions for 
hire or reward, ......... 

description and form of question on ballot, ..... 

information for voters to be sent by secretary of the commonwealth, 
governor's veto not to extend to measures approved by the people, 
general court, subject to governor's veto and referendum, may amend 

or repeal a law approved by the people, 
provisions to be self-executing but legislation may be enacted to facilitate 
their operation, ...... 

on acts and resolves of the general court, submission to the people to 
accept or reject annulled, ....... 

Reformatory, etc., pubhcly controlled, not to deprive an inmate of the oppor 

tunity of religious exercises of his own faith, etc., . 
Register of the council, resolutions and advice to be recorded in, and signed 
by members present, ..... 

Registers of deeds, incompatible offices, 

Registers of probate, chosen by the people of the several counties, . 21 

incompatible offices, ...... 

Religion, free exercise of, no law to be passed prohibiting, 

no measure that relates to, can be made subject of initiative petition or 
referendum, ...... 

Religious denomination, appropriation of public money, etc., not to be made 

to found any, .......... 52 

Religious denominations, equal protection secured to all, ... 5, 39, 51 
Religious institutions or practices, no measure that relates to, can be made 
subject of initiative petition or referendum, ..... 

Religious sect or denomination, no subordination of one to another to be 
established by law, ......... 

Religious services or instruction, inmate of a publicly controlled reformatory, 

etc., not to be compelled to attend against his will, etc.. 
Religious societies, may elect their own pastors or religious teachers, 

membership of, defined, ......... 

Religious society, appropriation of public money, etc., not to be made to 
found any. .......... 

Religious undertaking not under exclusive public control, etc., grant of public 
money forbidden to, ........ . 

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



58 
59 
59 
59 
59 
60 
60,61 

61 
61 
61 
62 

62 

62 

50,62 

52 

25 

32,37 

, 22, 44 

32,37 

51 

53,59 



53,59 

5,39 

52 

5,39 

39 



52 



support of the ministry, and erection and repair of houses of worship. 
Remedies by recourse to the law, to be free, complete and prompt, 



51 
4 
4, 5, 39 

7 



INDEX TO THE CONSTITUTION. 



99 



Removal of judges shall not be the subject of an initiative or referendum 

petition, 53, 59 

Repeal of an emergency law, etc., petition for referendum on, ... 60 
Representation, fines upon towns to enforce, ...... 17 

Representatives (see House of representatives). 

Residence, change of, not to disqualify voter until six months from time of 

removal, etc., .......... 48 

Residence qualification, of voters, . . . . . . 14, 17, 35, 47 

of senators, ... . . . . . . . . .47 

of representatives, .......... 46 

of governor, ........... 19 

of lieutenant governor, ......... 24 

of councillors, ........... 43 

of secretary, treasurer, auditor and attorney-general, .... 44 

Resolves (see Bills and resolves). 

Resources, natural, of the commonwealth, conservation of, . . . .62 

Retirement of judicial officers forced, ....... 64 

Returns of votes, 14, 19, 20, 43, 44 

Revenue, all, to be paid into the treasury from whatever source collected, 65 

loan for money borrowed in anticipation of receipts from taxes, provision 

for payment from certain, ........ 65 

Revision, of constitution provided for in the year 1795, and subsequently, . 34, 37 
of the statutes, several members of general court may receive salary for 

service upon committee for, ....... 67 

Revocation of charters, franchises and acts of incorporation, ... 64 

Reward, petitions for, circulation of, under initiative and referendum, to be 

regulated by general court, ........ 61 

Right of peaceable assembly not a subject for initiative or referendum peti- 
tion, 53 

Rights, declaration of, ......... . 4-10 

certain individual rights as declared in, not to be subject of an initiative 

or referendum petition, ........ 53 

Rights, water and mineral, the taking of , . . . . . . .62 



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, to be established for the governor, . . 23 

permanent and honorable, to be established for the justices of the 

supreme judicial court, and to be enlarged if not sufficient, . . 10, 24 

additional, not to be paid members of general court for service on recess 

committees, except, etc., ........ 67 

Sale of land or buildings to provide homes for citizens, etc., ... 50 

School moneys not to be appropriated for sectarian schools, etc., . . 44, 52 

School or institution of learning, wherein any denominational doctrine is in- 
culcated, not to be aided, etc., by grant of pubhc money or credit, 51 



100 INDEX TO THE CONSTITUTION, 



PAGE 



Seal, great, of the commonwealth to be affixed to all commissions, . . 33 

Search, seizure and arrest, right of, regulated, ...... 7 

Search, unreasonable, etc., not a subject for initiative or referendum petition, 53 
Secret voting to be preserv^ed when compulsory voting is authorized, . . 64 

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

November; amended, to be elected biennially, . . .26, 43, 66 

manner of election, etc., same as governor, . . . . . . 43, 44 

term of office, . . . . . . . . . . 43, 66 

not to be a legislator, . . . . . ' . . . .32 

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 persons 
having the highest number of votes at November election, . . 44 

vacancy occurring during session of the legislature, filled by joint ballot 

of the legislature from the people at large, ..... 44 

vacancy occurring when legislature is not in session, to be filled by gov- 
ernor, by appointment, with advice and consent of council, . . 36, 44 
not eligible, unless an inhabitant of the state for five years next preceding • 
election or appointment, ........ 44 

office of, to be deemed vacant if person elected or appointed fails to be 

qualified within ten days, ........ 44 

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

may appoint deputies, for whose conduct he shall be accountable, . . 26 

to attend governor and council, senate and house, in person or by depu- 
ties, as they shall require, ........ 26 

to attest all commissions, ......... 33 

to certify to board authorized to divide county into districts, the number 

of representatives to which the county is entitled, .... 45 

duties of, under the initiative and referendum, . 54, 56, 57, 58, 59, 60, 61 

to exercise powers of governor and lieutenant governor when both offices 

are vacant, . . . . . . . . . . 63, 64 

Sectarian schools not to be maintained at public expense, .... 44, 51 

Section of excluded matters under initiative petitions not a subject for initia- 
tive amendment, . . . . . . . . ,53 

Selectmen to preside at town meetings, elections, etc., .... 14 

Self-government, right of, asserted, ........ 5 

Senate, the first branch of the legislature, ....... 10, 14 

to consist of forty members, apportionment, etc., . . .13, 41, 46 

to be chosen annually; amended, to be elected biennially, . . .13, 66 

governor and at least five councillors, to examine and count votes, and 

issue summonses to members, ....... 15 

to be final judges of elections, returns and qualifications of their own 

members, ........... 15 

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

majority of senators elected, . . . . . . . 15, 47 

qualifications of a senator, . . . . . . . . 16, 47 

not to adjourn more than two days at a time, ..... 16 

may, by concurrent vote, take a recess of not more than thirty days, . 63 



INDEX TO THE CONSTITUTION. 101 



PAGE 



Senate, to choose its officers and establish rules, ...... 16 

shall try all impeachments, . . . . . . . . 16, 18 

quorum of, . . . . . . . 16, 47, 49 

may punish for certain offences; trial may be by committee, . . 18 

may require the attendance of the secretary of the commonwealth 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, . 27 

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

large on records, ......... 11 

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

near as may be, an equal number of voters, . . . . . 46, 47 

apportionment based upon legal voters, ...... 46 

Sessions, court of, judges and other offices, ...... 37 

Shelter, etc., may be provided by the commonwealth, cities and towns, during 

time of war, public exigency, etc., ...... 52 

Sheriffs, elected by the people of the several counties, . . . 21, 22, 44 

incompatible offices, . . . . . . . . . . 32, 37 

Signatures to initiative and referendum, number required, . . 54, 55, 56, 57, 59 

regulation of, by law, . . . . . . . . 60, 61 

in any one county limited, ........ 61 

Silver, value of money mentioned in the constitution to be computed in, 

at six shillings and eight pence per ounce, ..... 33 

Society, religious, etc., appropriation of public money, etc., not to be made to 

found any, .......... 52 

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, etc., not disqualified 

from voting on account of non-payment of poll tax, ... 48 
Soldiers' Home in Massachusetts, appropriations may be made for support 

of, 51 

Solicitor general, appointment of, . . . . . . . .21 

incompatible offices, . . . . . . . . . . 32, 37 

Special appropriation bills may be enacted after final action on general appro- 
priation bill, etc., ......... 66 

Speaker of the house of representatives, choice of, ..... 18 

Speech, freedom of, not a subject for initiative or referendum petition, . 53 

Standing armies, dangerous to liberty and not to be maintained without con- 
sent of the legislature, ........ 8 

State election, referendum on acts and resolves of the general court at, an- 
nulled, 50, 62 

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

Statutes, general revision of, members of general court may receive salary for 

service upon recess committee to examine, ..... 67 

Streets, etc., taking of land for widening or relocating, powers of the legislature 

concerning, 49,50 



102 



INDEX TO THE CONSTITUTION. 



PAGE 

Style, of body politic, 4 

of legislature, ........... 11 

of governor, ........... 19 

of lieutenant governor, ......... 24 

Subjects, certain, excluded from initiative or referendum petition, . . 53, 59 

Succession to vacancy in governorship, ...... 24, 25, 63 

Supplementary budgets, governor may recommend, ..... 65 

Supreme judicial court, judges to have honorable salaries fixed by standing 

laws, and to hold office during good behavior, . . . . 10, 24 

judges to give opinions upon important questions of law, etc., when 
required by either branch of the legislature or by the governor and 
council, ........... 27 

judges not to hold certain other offices, . . . . . . 32, 37 

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

Suspension of laws, . . . . , . . . . . 9, 59 



T. 

Tax, payment of, as a prerequisite for voting, provision annulled, 
Tax on income, general court may impose and levy, . 
Taxation, should be founded on consent, .... 

of wild and forest lands, ...... 

moneys raised by, for support of public schools, not to be applied to 

other schools, etc., 
general court shall raise money by, to carry into effect laws enacted by 
the people, etc., ........ 

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

may be imposed by the legislature, ...... 

valuation of estates to be taken anew once at least every ten years, 
money borrowed in anticipation of receipts from, when loan is to be 
paid, ...... 

Tenure, of justices of the supreme judicial court, 

of legislators, .......... 14 

of governor, 

of lieutenant governor, 

of councillors, . 

of secretary, treasurer, auditor and attorney-general, 

of notaries public and justices of the peace, ' . 

of judicial officers, ......... 10 

re-eligibility of treasurer, 

that all commission officers shall by law have in their offices shall be 

expressed in their commissions. 

Term of any loan contracted by the commonwealth to be recommended by 

governor, . 
Tests abolished. 
Title of body politic, — The Commonwealth of Massachusetts, 



49 

50 

6,9 

50 

51 

53 

9 

12,50 

13 

65 
10 
16,66 
19,66 
24,66 
25,66 
43,66 
27,35 
26,27 
26,66 

26 

65 
36 
10 



INDEX TO THE CONSTITUTION. 



103 



PAGE 

Title of governor to be, — His Excellency, ...... 19 

Title of legislature, — The General Court of Massachusetts, ... 11 

Title of lieutenant governor to be, — His Honor, ..... 24 

Town, etc., measure or law restricted to a particular, to be excluded from 

proposal by initiative or referendum petition, .... 53 

Town clerk to make record and return of elections, ..... 14 

Town meetings, selectmen to preside at, . . . . . . .14 

Town representation in the legislature, ..... 17, 40, 41, 46 

Towns, may be chartered as cities, when, ....... 35 

voting precincts in, .......... 48 

Towns and cities, not to aid certain schools, educational, charitable, religious 

or other institutions with moneys raised by taxation, ... 51 
may provide food and shelter during time of war, public emergency, etc., . 52 
may take ancient landmarks, etc., for public use, .... 63 

may limit buildings for certain uses to specified districts, ... 64 
Trading, public, amendment, so-called, ....... 52 

Travelling expenses of members, to general assembly and returning home, once 

in every session, to be paid by the government; and annulled, . 17, 49 

Treason and felony, no subject to be declared guilty of, by the legislature, 9 

Treasurer and receiver general, to be chosen by the people annually in No- 
vember; amended, to be elected biennially, . . . .26, 43, 66 

to hold office for one year from third Wednesday in January next there- 
after, and until another is chosen and qualified; term of office ex- 
tended to two years, . . . . ... . . . 43, 66 

manner of election, etc., same as governor, ...... 44 

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

election or appointment, ........ 44 

no man eligible more than five years successively; amended, . 26, 66 

no person eligible for more than three successive terms (six years), . 66 

not to be a legislator or congressman, . . . . . 32, 37 

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 persons 
having the highest number of votes at November election, . . 44 

vacancy occumng during session of the legislature, filled by joint ballot 

of the legislature from the people at large, ..... 44 

vacancy occurring when legislature is not in session, to be filled by gov- 
ernor, by appointment, with advice and consent of the council, . 36, 44 
office to be deemed vacant if person elected or appointed fails to be quali- 
fied within ten days, ......... 44 

to exercise powers of governor and lieutenant governor in succession when 

both offices are vacant, . . . . . . . . 63, 64 

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

except, etc., .......... 23 

all money received on account of the commonwealth to be paid into 

the, 65 

certain appropriations of money from, excluded from initiative and 

referendum petitions, . . . . . . . . .53 



104 INDEX TO THE CONSTITUTION. 



Trial by jury, right to, secured, ........ 7 

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

right of, not a subject for initiative or referendum petition, ... 53 

u. 

Uniform rate of tax, on incomes derived from same class of property, to be 

levied throughout the commonwealth, etc., . . * . . . 50, 51 

United States, commonwealth may borrow money to assist the, in case of 

war, 65 

University at Cambridge, 28, 29, 48 

Unreasonable search, bail and the law martial, protection from, not a subject 

for initiative or referendum petition, ...... 53 

Utilization of certain natural resources of the commonwealth, ... 62 

V. 

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

Vacancy in offices of both governor and lieutenant governor, powers to be 

exercised by the council; amended, . . . . 25,26,63,64 

powers to be exercised in order of succession by the secretary, attorney- 
general, treasurer and receiver general, and auditor, . .63, 64 
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, . 43, 47 
Vacancy in the senate to be filled by election by the people upon the order 

of a majority of senators elected, . . 16, 47 

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, ........ 44 

occurring during session of legislature, filled by joint ballot of legislature 

from people at large, ......... 44 

occurring during recess of legislature, filled by appointment of governor, 

with advice and consent of council, ...... 44 

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

appointment, with advice of council, . . . . 36, 44 

in militia office, filled by governor and council, if electors neglect or 

refuse to make election, ........ 22 

Valuation of estates to be taken anew once in every ten years at least, . . 13 

Veto power of the governor, . . . . 11,62,64,66 

not to extend to measures approved by the people, .... 62 

Vote, yea and nay, in each house required upon measures having emergency 

preamble, ........... 58 

in each house required to enable the commonwealth to borrow money, 

etc., ............ 65 



< 



INDEX TO THE CONSTITUTION. 105 



Voters, qualifications of, at elections for governor, lieutenant governor, sena- 
tors and representatives, .... 14, 17, 35, 45, 47, 48, 49 

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 

not disqualified by change of residence until six months from time of 

removal, 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 by law from taxation, but 
in other respects qualified, and who can write their names and read 
the constitution in the English language, . . . -17, 35, 45 

the basis upon which the apportionment of representatives to the several 

counties is made, . . . . . . . . 45, 46 

basis of apportionment of senators, . . . . . . . 46, 47 

census of, to be taken in 1865, and every tenth year after, . . . 45, 46 

referendum to, on acts and resolves of the general court (annulled), 50 

specified number of, may submit constitutional amendments and laws 

to the people for ratification or rejection, etc., .... 52 

number of qualified, required to originate, etc., initiative or referendum 

petition, 54, 55, 56, 57, 59, 60, 61 

information for, to be sent by secretary of the commonwealth, under the 

initiative and referendum, ........ 61 

Votes, returns of, ....... . 

plurality of, to elect civil officers, .... 

negative, required to disapprove suspension of a law and 
thereon, ........ 

Voting, absent, general court to have power to provide for, . 

compulsory, general court to have authority to provide for, 

machines may be used at elections, .... 

precincts in towns, ....... 

w. 

War, commonwealth may borrow money to assist the United States in case 

of, etc., ........... 65 

War time, commonwealth, cities and towns may provide food, other common 

necessaries of life, and shelter during, ...... 52 

Water resources and rights, conservation of, etc., ..... 62 

Wild or forest lands, taxation of, ........ 50 

Women changing name may be reappointed notaries public under new 

name, ........... 64 

Women eligible to appointment as notaries public, ..... 64 

Worship, public, the right and duty of all men, ...... 4 

Writ of habeas corpus to be enjoyed in the most free, easy, cheap and expedi- 
tious manner, and not to be suspended by legislature, except for a 
limited time, .......... 33 



14, 


19, 43, 44 




42 


referendum 




60 




51 


. 


64 




49 




48 



106 INDEX TO THE CONSTITUTION. 



PAGE 



Writing and reading, necessary qualifications for voting or holding office, . 45 
Writs to be issued in the name of the commonwealth under the seal of the 

coui;t, bear test of the first justice, and be signed by the clerk, . 33 

Y. 

Yea and nay vote, of two thirds members present and voting in each house 

required upon measures having emergency preamble, ... 58 
of two thirds members present and voting in each house required to ena- 
ble the commonwealth to borrow money, etc., .... 65 

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



The Eeaeeamement of the Constitution 

submitted by the constitutional convention and 

ratified by the people 



State Election, November 4, 1919 



A CONSTITUTION 



FORM OF GOVERNMENT 



[Rearrangement.] 



PREAMBLE. 



The end of the institution, maintenance, and administra- objects of 
tion of government, is to secure the existence of the body government. 
poHtic, to protect it, and to furnish the individuals who com- 
pose it with the power of enjoying in safety and tranquilhty 
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 measures 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 itTni°t™e^.^' 
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 provide 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, inhabiting the Body politic 
territory formerly called the Pro\'ince of Massachusetts under'the 
Bay, acknowledging, with grateful hearts, the goodness of Th™Colnmon- 
the Great Legislator of the universe, in affording us, in the ^chusetL^^^' 
course of His providence, an opportunity, deliberately and 
peacefully, 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 govern- 



no 



CONSTITUTION OF THE COMMONWEALTH 



ment, for ourselves and posterity; and devoutly imploring 
His direction in so interesting a design, do hereby solemnly 
and mutually agree with each other, to form ourselves into a 
free, sovereign, and independent body politic, or state, by 
the name of The Commonwealth of Massachusetts, and do 
agree upon, ordain, and establish, the following Declara- 
tion OF Rights, and Frame of Government, as the 
Constitution thereof. 



Equality and 
natural righta 
of all men. 



Right and 
duty of public 
religious wor- 
ship. Protec- 
tion therein. 



Religious 

freedom 

established. 



A DECLARATION OF THE RIGHTS OF THE IN- 
HABITANTS OF THE COMMONWEALTH OF 
MASSACHUSETTS. 

Article 1. All men are born free and equal, and have 
certain natural, essential, and unalienable rights; among 
W'hich may be reckoned the right of enjo^-ing and defending 
their lives and liberties; that of acquiring, possessing, and 
protecting property; in fine, that of seeking and obtaining 
their safety and happiness. 

Art. 2. It is the right as w^ell as the duty of all men in 
society, publicly, and at stated seasons, to worship the Su- 
preme Being, the Great Creator and Preserver of the uni- 
verse. And no subject shall be hurt, molested, or restrained, 
in his person, liberty, or estate, for w^orshipping God in the 
manner and season most agreeable to the dictates of his own 
conscience; or for his religious profession or sentiments; pro- 
\dded he doth not disturb the public peace, or obstruct others 
in their religious worship. 

Art. 3. Section 1. As the public worship of God and 
instructions in piety, religion, and morality, promote the 
happiness and prosperity of a people, and the security of a 
republican government; therefore, the several religious so- 
cieties of this commonwealth, whether corporate or unincor- 
porate, at any meeting legally warned and holden for that 
purpose, 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 
w^orship, for the maintenance of religious instruction, and for 
the payment of necessary expenses; and all persons belong- 
ing 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 member- 
ship, and thenceforth shall not be liable for any grant or 
contract which may be thereafter made, or entered into by 



OF MASSACHUSETTS — REARRANGEMENT. Ill 

such society; and all religious sects and denominations, de- 
meaning themselves peaceably, 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. 

Section 2. No law shall be passed prohibiting the free no law to pro- 
exercise of religion. ^>'^'' free ';?<^'^ 

o , , , _ ^ cise of religion. 

All moneys raised by taxation in the towns and cities for Public money 
the support of public schools, and all moneys which may be pended tVaid 
appropriated by the commonwealth for the support of com- oharitabfe?'' 
mon schools shall be applied to, and expended in, no other othlr°hfstitu- 
schools than those which are conducted according to law, tions not wholly 

under dudIic 

under the order and superintendence of the authorities of ownership and 
the town or city in which the money is expended; and no 
grant, appropriation oy use of public money or property or 
loan of public credit shall be made or authorized by the com- 
monwealth or any political division thereof for the purpose 
of founding, maintaining or aiding any school or institu- 
tion of learning, whether under public control or otherwise, 
wherein any denominational doctrine is inculcated, or any 
other school, or any college, infirmary, hospital, institution, 
or educational, charitable or religious undertaking which is 
not publicly owned and under the exclusive control, order 
and superintendence of public officers or public agents au- 
thorized by the commonwealth or federal authority or both, 
except that appropriations may be made for the mainte- Exceptions. 
nance and support of the Soldiers' Home in Massachusetts 
and for free public libraries in any city or town, and to 
carry out legal obligations, if any, already entered into; and 
no such grant, appropriation or use of public money or 
property or loan of public credit shall be made or author- 
ized for the purpose of founding, maintaining or aiding any 
church, religious denomination or society. 

Nothing herein contained shall be construed to prevent Care or support 
the commonwealth, or any political di\dsion thereof, from h^spTtlkretc, 
paying to privately controlled hospitals, infirmaries, or in- aL^pubUc ^^^^ 
stitutions for the deaf, dumb or blind not more than the charges. 
ordinary and reasonable compensation for care or support 
actually rendered or furnished by such hospitals, infirmaries 
or institutions to such persons as may be in whole or in part 
unable to support or care for themselves. 

Nothing herein contained shall be construed to deprive inmates of cer- 
any inmate of a publicly controlled reformatory, penal or instifuUons 

not to be 



112 



CONSTITUTION OF THE COMMONWEALTH 



deprived of 
religious exer- 
cises of their 
own faith; nor 
compelled to 
attend religious 
services, etc., 
against their 
will, etc. 
Right of self 
government 
secured. 



Accountability 
of all officers, 
etc. 



Services 
rendered to the 
public being 
the only title 
to peculiar 
privileges, 
hereditary 
offices are 
absurd and 
unnatural. 



Objects of 
government; 
right of people 
to institute 
and change it. 



Right of people 
to secure rota- 
tion in office. 



All, having the 
qualifications 
prescribed, 
equally eligible 
to office. For 
the definition 
of "inhabit- 
ant," see Art. 
46. 



charitable institution of the opportunity of religious exer- 
cises therein of his own faith; but no inmate of such insti- 
tution shall be compelled to attend religious ser\dces or 
receive religious instruction against his will, or, if a minor, 
without the consent of his parent or guardian. 

Art. 4. The people of this commonwealth have the sole 
and exclusive right of governing themselves, as a free, sov- 
ereign, and independent state; and do, and forever here- 
after shall, exercise and enjoy every power, jurisdiction, and 
right, which is not, or may not hereafter be, by them ex- 
pressly delegated to the United States of America. 

Art. 5. All power residing originally in the people, and 
being derived from them, the several magistrates and offi- 
cers of government, vested Anth authority, whether legis- 
lative, executive, or judicial, are their substitutes and agents, 
and are at all times accountable to them. 

Art. 6. No man, nor corporation, or association of men, 
have any other title to obtain advantages, or particular and 
exclusi\^e privileges, distinct from those of the community, 
than what arises from the consideration of serA-ices rendered 
to the public; and this title being in nature neither heredi- 
tary, nor transmissible to children, or descendants, or rela- 
tions by blood, the idea of a man born a magistrate, law- 
giver, or judge, is absurd and unnatural. 

Art. 7. Government is instituted for the common good; 
for the protection, safety, prosperity, and happiness of the 
people; 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 indefeasible 
right to institute government; and to reform, alter, or 
totally change the same, when their protection, safety, pros- 
perity, and happiness require it. 

Art. 8. In order to prevent those who are vested with 
authority from becoming oppressors, the people have a right, 
at such periods and in such manner as they shall establish 
by 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 appointments. 

Art. 9. All elections ought to be free; and all the in- 
habitants of this commonwealth, having such qualifications 
as they shall establish by their frame of government, have 
an equal right to elect officers, and to be elected, for public 
employments. 



OF MASSACHUSETTS — REARRANGEMENT. 113 

Art. 10. Each individual of the society has a right to be Right of 
protected by it in the enjojTuent of his hfe, Hberty, and dufy of °" '"' 
property, according to standing laws. He is obliged, con- correlative*!'' 
sequently, to contribute his share to the expense of this Jo^adedon 
protection; to give his personal service, or an equivalent, consent. 
when necessary : but no part of the property of any individual 
can, with justice, be taken from him, or applied to public 
uses, ^^'ithout his own consent, or that of the representative 
body of the people. In fine, the people of this common- 
wealth are not controllable by any other laws than those to 
which their constitutional representative body have given 
their consent. And whenever the public exigencies require Private prop- 
that the property of any individual should be appropriated tlk^n ?or*° ^^ 
to public uses, he shall receive a reasonable compensation ^ithoutTetc. 
therefor. 

Art. 11. Every subject of the commonwealth ought to Remedies, by 

f, 1 , ' "^iii- j^xii £ recourse to the 

find a certain remedy, by ha\'ing recourse to the laws, tor law, to be free, 
all injuries or wrongs which he may receive in his person, p^^pf.®^"'^ 
property, or character. He ought to obtain right and jus- 
tice freel}', and without being obliged to piu-chase it; com- 
pletely, and without any denial ; promptly, and without de- 
lay; conformably to the laws. 

Art. 12. No subject shall be held to answer for any Prosecutions 
crimes or offence, until the same is fully and plainly, sub- '■^^^^*®'^- 
stantially and formally, described to him; or be compelled 
to accuse, or furnish evidence against himself. And every 
subject shall have a right to produce all proofs that may be 
favorable to him; to meet the ■witnesses against him face 
to face, and to be fully heard in his defence by himself, or 
his counsel, at his election. And no subject shall be arrested, 
imprisoned, despoiled, or deprived of his property, immu- 
nities, or pri\'ileges, put out of the protection of the law, 
exiled, or deprived of his life, liberty, or estate, but by the 
judgment of his peers, or the law of the land. And the Right to trial 
legislature shall not make any law that shall subject any cnimnluasoa, 
person to a capital or infamous punisliment, excepting for ^'"'^p*' ®*<= 
the government of the army and nav;^'', without trial by jury. 

The privilege and benefit of the writ of habeas corpus shall ^^^J'^^gl ^^ 
be enjoyed in this commonwealth, in the most free, easy, secured 
cheap, expeditious, and ample manner; and shall not be 
suspended by the legislature, except upon the most urgent 
and pressing occasions, and for a limited time, not exceeding 
twelve months. 



114 



CONSTITUTION OF THE COMMONWEALTH 



Crimes to be 
proved in the 
vicinity. 



Right of 
search and 
seizure 
regulated. 
Const, of 
U. S., Amend- 
ment IV. 



Right of trial 
by jury 
sacred, except, 
etc. 

Const, of 
U. S., Amend- 
ment VII. 



Liberty of the 
press. 



Right to keep 
and bear arms. 
Standing 
armies danger- 
ous. Military 
power subor- 
dinate to civil. 



Moral 

qualifications 
for office. 



Moral obligar 
tions of law- 
givers and 
magistrates. 



Right of people 
to instruct 
representatives 
and petition 
legislature. 



Art. 13. In criminal prosecutions, the verification of 
facts, in the vicinity where they happen, is one of the greatest 
securities of the Hfe, hberty, and property of the citizen. 

Art. 14. Every subject has a right to be secure from all 
unreasonable searches, and seizures, of his person, his houses, 
his papers, and all his possessions. All warrants, therefore, 
are contrary to this right, if the cause or foundation of them 
be not previously supported by oath or affirmation, and if 
the order in the warrant to a ci^^l officer, to make search 
in suspected places, or to arrest one or more suspected per- 
sons, or to seize their property, be not accompanied 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. 

Art. 15. In all controversies concerning property, and in 
all suits between two or more persons, except in cases in 
which it has heretofore been otherways used and practised, 
the parties have a right to a trial by jury; and this method 
of procedure shall be held sacred, unless, in causes arising 
on the high seas, and such as relate to mariners' wages, the 
legislature shall hereafter find it necessary to alter it. 

Art. 16. The liberty of the press is essential to the se- 
curity of freedom in a state: it ought not, therefore, to be 
restrained in this commonwealth. 

Art. 17. The people have a right to keep and to bear 
arms for the common defence. And as, in time of peace, 
armies are dangerous to liberty, they ought not to be main- 
tained without the consent of the legislature; and the mili- 
tary power shall always be held in an exact subordination 
to the civil authority, and be governed by it. 

Art. 18. A frequent recurrence to the fundamental prin- 
ciples of the constitution, and a constant adherence to those 
of piety, justice, moderation, temperance, industry, and fru- 
gality, are absolutely necessary to preserve the advantages 
of liberty, and to maintain a free government. The people 
ought, consequently, to have a particular attention to all 
those principles, in the choice of their officers and repre- 
sentatives: and they have a right to require of their law- 
givers and magistrates an exact and constant observance of 
them, in the formation and execution of the laws necessary 
for the good administration of the commonwealth. 

Art. 19. The people have a right, in an orderly and 
peaceable manner, to assemble to consult upon the common 
good; give instructions to their representatives, and to re- 



OF MASSACHUSETTS — REARRANGEMENT. 115 

quest of the legislative body, by the way of addresses, peti- 
tions, or remonstrances, redress of the wrongs done them, and 
of the grievances they suffer. 

Art. 20. The power of suspending the laws, or the execu- Power to sus- 
tion of the laws, ought never to be exercised but by the ^^^ "heir '^ ^^"' 
legislature, or by authority derived from it, to be exercised execution. 
in such particular cases only as the legislature shall expressly 
pro\'ide for. 

Art. 21. The freedom of deliberation, speech, and de- Freedom of 
bate, in either house of the legislature, is so essential to the an/rlAsM" 
rights of the people, that it cannot be the foundation of any therefor. 
accusation or prosecution, action or complaint, in any other 
court or place whatsoever. 

Art. 22. The legislature ought frequently to assemble Frequent 
for the redress of grievances, for correcting, strengthening, objects thereof. 
and confirming the laws, and for making new laws, as the 
common good may require. 

Art. 23. No subsidy, charge, tax, impost, or duties Taxation 
ought to be estabhshed, fixed, laid, or le\aed, under any pre- cogent. 
text whatsoever, without the consent of the people or their 
representatives in the legislature. 

Art. 24. Laws made to punish for actions done before ex post facto 
the existence of such laws, and which have not been declared ^"^^ ^'^° ' ' ^ ' 
crimes by preceding laws, are unjust, oppressive, and in- 
consistent \sdth the fundamental principles of a free gov- 
ernment. 

Art. 25. No subject ought, in any case, or in any time. Legislature 

, , , , .1 » o ' ^ 1 .1 1 • 1 . not to convict 

to be declared guilty or treason or lelony by the legislature, of treason, etc. 

Art. 26. No magistrate or court of law shall demand E.xcessive 
excessive bail or sureties, impose excessive fines, or intuct and cmei 

... ^ punishments, 

cruel or unusual punishments. prohibited. 

Art. 27. In time of peace, no soldier ought to be quartered be^q^^artered* 
in any house without the consent of the owner; and in time ^^^^y house. 
of war, such quarters ought not to be made but by the civil 
magistrate, in a manner ordained by the legislature. 

Art. 28. No person can in any case be subject to law- citizens 
martial, or to any penalties or pains, by virtue of that law, law-martiai, 
except those employed in the army or nay^'', and except the "° ®*^' ® '^' 
mihtia in actual ser\dce, but by authority of the legislature. 

Art. 29. It is essential to the preservation of the rights Judges of 
of every indi\'idual, his life, liberty, property, and character, judicial court. 
that there be an impartial interpretation of the laws, and 
administration of justice. It is the right of every citizen 
to be tried by judges as free, impartial, and independent as 



116 



CONSTITUTION OF THE COMMONWEALTH 



Separation of 
executive, judi- 
cial, and 
legislative 
departments. 



the lot of humanity will admit. It is, therefore, not only 
the best policy, but for the security of the rights of the people, 
and of every citizen, that the judges of the supreme judicial 
court should hold their offices as long as they behave them- 
selves well; and that they should have honorable salaries 
ascertained and established by standing laws. 

Art. 30. In the government of this commonwealth, the 
legislative department shall never exercise the executive and 
judicial powers, or either of them : the executive shall never 
exercise the legislative and judicial powers, or either of them : 
the judicial shall never exercise the legislative and executive 
powers, or either of them: to the end it may be a govern- 
ment of laws and not of men. 



Qualifications 
of voters for 
governor, 
lieutenant- 
governor, 
senators and 
representatives. 



Reading con- 
stitution in 
English and 
writing, neces- 
sary qualifica- 
tions of 
voters. 
Proviso, 



Person who 
served in 
army or navy, 
etc., not dis- 
qualified from 
voting for 
receiving mu- 
nicipal aid 
or for non- 
payment of 
poll tax. 
Voters not dis- 
qualified by 
reason of 



THE FRAME OF GOVERNIVIENT. 
SUFFRAGE. ELECTIONS. TERMS OF OFFICE. 

Art. 31. Every male citizen of twenty-one years of age 
and upwards, excepting paupers and persons under guard- 
ianship, and persons temporarily or permanently disquali- 
fied by law because of corrupt practices in respect to elections, 
who shall have resided within the commonwealth one year, 
and within the city or town in which he may claim a right 
to vote, six calendar months next preceding any election of 
governor, lieutenant-governor, senators, or representatives, 
shall have a right to vote in such election of governor, 
lieutenant-governor, senators, and representatives; and no 
other person shall be entitled to vote in such election. 

Art. 32. No person shall have the right to vote, or be 
eligible to office under tlie constitution of this common- 
wealth, who shall not be able to read the constitution in the 
English language, and write his name: provided, however, 
that these provisions shall not apply to any person prevented 
by physical disability from complying with them, nor to any 
person who had the right to vote when these provisions were 
adopted. 

Art. 33. 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 ser\ice, if otherAnse qualified 
to vote, shall be disqualified therefor on account of receiving 
or having received aid from any city or town, or because of 
the non-payment of a poll tax. 

Art. 34. No person, otherwise qualified to vote in elec- 
tions for governor, lieutenant-governor, senators, and repre- 



OF MASSACHUSETTS — REARRANGEMENT. 117 

sentatives, shall, by reason of a change of residence within change of 
the commonwealth, be disqualified from voting for said six months 
officers in the city or town from which he has removed his re^vd!''° 
residence, until the expiration of six calendar months from 
the time of such removal. 

Art. 35. The general court shall have power to provide General court 
by law for voting by qualified voters of the commonwealth law^forabsent 
who, at the time of an election, are absent from the city or ^°*'"=- 
town of which they are inhabitants, in the choice of any 
officer to be elected or upon any question submitted at such 
election. 

Art. 36. In all elections of civil officers by the people of Plurality of 
this commonwealth, whose election is provided for by the elect by the 
constitution, the person having the highest number of votes ^^'^ ®' 
shall be deemed and declared to be elected. 

Art. 37. Voting machines or other mechanical devices voting 
for voting may be used at all elections under such regulations Remitted at 
as may be prescribed by law, and the general court shall elections. 
have authority to provide for compulsory voting at elections; votmg^'^*"^^ 
provided that the right of secret voting shall be preserved. Proviso. 

Art. 38. The general court shall have full power and Voting 

prGCincts 

authority to provide for the inhabitants of the towns in this in towns. 
commonwealth more than one place of public meeting within 
the limits of each town for the election of officers under the 
constitution, and to prescribe the manner of calling, holding 
and conducting such meetings. 

Art. 39. Beginning with the Tuesday next after the first Biennial 
Monday in November in the year nineteen hundred and stite officers, 
twenty, the governor, lieutenant-governor, councillors, sec- senators°and 
retary, treasurer, attorney-general, auditor, senators and rep- [fve^^when 
resentatives shall be elected biennially, and thereafter elec- f^aii bfheM 
tions for the choice of these officers shall be held biennially 
on the Tuesday next after the first Monday in November. 
The governor, lieutenant-governor and councillors shall hold 
their respective offices from the first Wednesday in Jan- 
uary succeeding their election to and including the first 
Wednesday in January in the third year follo\\ing their 
election, and until their successors are chosen and qualified. 
The terms of senators and representatives shall begin with 
the first Wednesday in January succeeding their election and 
shall extend to the first Wednesday in January in the third 
year following their election. The terms of the secretary. Terms 
treasurer, attorney-general and auditor shall begin with the °^ °^^^' 
third Wednesday in January succeeding their election and 



118 



CONSTITUTION OF THE COMMONWEALTH 



shall extend to the third Wednesday in January in the third 
year following their election and until their successors are 
chosen and qualified. 
Elections to be Art. 40. Elcctions appointed to be held by the two houses 
of the legislature on the first Wednesday in January or at 
any other time, if not completed on the day appointed may 
be adjourned from day to day until the same shall be com- 
pleted. Vacancies in the office of governor and lieutenant- 
governor shall be first filled in the order named and then 
vacancies in the council. 



held by the two 
houses of the 
legislature, 
completion of. 



Order of filling 
vacancies in 
certain offices. 



Legislative 
department. 



Commence- 
ment and 
termination of 
political 
year. 

General court 
to assemble 
annually, etc. 



Quorum, in 
each branch 
of the general 
court, to con- 
sist of a 
majority -of 
members. 

General court 
may take 
recess. 



The enacting 
style by the 
general court. 



Members of 
the general 
court not to be 
appointed to 
certain offices, 
nor receive 
compensation 
on recess 
committees, 
except, etc. 



THE LEGISLATIVE DEPARTMENT. 
THE GENERAL COURT. 

Art. 41. The department of legislation shall be formed by 
two branches, a Senate and House of Representatives; each 
of which shall have a negative on the other. 

The political year shall begin on the first Wednesday in 
January, and the general court shall assemble every year on 
the first Wednesday in January, and at such other times as 
they shall judge necessary, or when called together by the 
governor; and shall dissolve and be dissolved on the day 
next preceding the first Wednesday in January in the third 
year following their election, without any proclamation or 
other act of the governor, and shall be styled, The General 
Court of Massachusetts. 

A majority of the members of each branch of the general 
court shall constitute a quorum for the transaction of business, 
but a less number may adjourn from day to day, and compel 
the attendance of absent members. By concurrent vote 
of the two houses, the general court may take a recess or 
recesses amounting to not more than thirty days; but no 
such recess shall extend beyond the sixtieth day from the 
date of their annual assembling. 

The enacting style, in making and passing all 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." 

Art. 42. No person elected to the general court shall 
during the term for which he was elected be appointed to 
any office created or the emoliunents whereof are increased 
during such term, nor receive additional salary or compen- 
sation for service upon any recess committee or commission 
except a committee appointed to examine a general revision 



OF MASSACHUSETTS — REARRANGEMENT. 119 

of the statutes of the commonwealth when submitted to 
the general court for adoption. 

Art. 43. No bill or resolve of the senate or house of ^g*^®™°'''^ 
representatives shall become a law, and have force as such, 
until it shall have been laid before the governor for his re- 
visal; and if he, upon such revision, approve thereof, he 
shall signify his approbation by signing the same. 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 WT-iting, to the senate or house of representatives, in which- 
soever the same shall have originated; 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 Bin may be 
senate or house of representatives, shall, not'^ithstanding the thirds of each 
said objections, agree to pass the same, it shall, together wStancUng. 
with the objections, be sent to the other branch of the leg- 
islature, where it shall also be reconsidered, and if approved 
by two-thirds of the members present, shall have the force 
of a law: but in all such cases, the votes of both houses shall 
be determined by yeas and nays; and the names of the per- 
sons voting for, or against, the said bill or resolve, shall be 
entered upon the public records of the commonwealth. 

The governor, wdthin five days after any bill or resolve Return by 
shall have been laid before him, shall have the right to re- genlrarcourt 
turn it to the branch of the general court in which it originated °eso|"e7or 
with a recommendation that any amendment or amend- amendment, 
ments specified by him be made therein. Such bill or resolve 
shall thereupon be before the general court and subject to 
amendment and re-enactment. If such bill or resolve is 
re-enacted in any form it shall again be laid before the gov- 
ernor for his action, but he shall have no right to return the 
same a second time with a recommendation to amend. 

In order to prevent unnecessary delays, if any bill or re- when bill or 
solve shall not be returned by the governor within five days forcl^of^aiat'^'' 
after it shall have been presented, the same shall have the 
force of a law. 

If anv bill or resolve shall be objected to, and not approved ^'^'' ^*<':! °°*^ 

•L 1 " 1 •(> 1 1 !• approved 

by the governor; and u the general court shall adjourn within five 
within five days after the same shall have been laid before become a law, 
the governor for his approbation, and thereby prevent his re- Lijoll?rin*^h^e 
turning it with his objections, as pro\'ided by the constitu- '^^^*"^«- 
tion, such bill or resolve shall not become a law, nor have 
force as such. 



120 



CONSTITUTION OF THE COMMONWEALTH 



Census of 
inhabitants, 
when taken, 
etc. 



Special 
enumeration 
of legal voters, 
etc. 



Enumeration 
to determine 
apportionment 
of senators. 

Senate, num- 
ber of members, 
districts, etc. 



Proviso. 



Qualifications 
of senators. 



Manner and 
time of choos- 
ing senators. 



Persons 
qualified 
to vote. 



Word 

"inhabitant* 

defined. 



THE SENATE. 

Art. 44. A census of the inhabitants of each city and 
town, on the first day of May, shall be taken and returned 
into the office of the secretary of the commonwealth, on or 
before the last day of June, in the year one thousand nine 
hundred and twenty-five; and every tenth year thereafter. 
In the census aforesaid, a special enumeration shall be made 
of the legal voters, and in each city such enumeration shall 
specify the number of legal voters aforesaid, residing in each 
ward of such city. The enumeration aforesaid shall deter- 
mine the apportionment of senators for the periods between 
the taking of the cen.sus. 

Art. 45. The senate shall consist of forty members. The 
general court shall, at its first session after each next preced- 
ing special enumeration, di\dde the commonwealth into forty 
districts of adjacent territory, each district to contain, as 
nearly as may be, an equal number of legal voters, accord- 
ing to the enumeration aforesaid: pro\ided, however, that 
no town or ward of a city shall be divided therefor; and 
such districts shall be formed, as nearly as may be, without 
uniting two counties, or parts of two or more counties, into 
one district. 

Each district shall elect biennially for the term of two 
years one senator, who shall have been an inhabitant of 
this commonwealth five years at least immediately preced- 
ing his election, and at the time of his election shall be an 
inhabitant 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. 

Art. 46, The senate shall be the first branch of the legis- 
lature; and the senators shall be chosen in the following 
manner: there shall be a meeting on the Tuesday next after 
the first Monday in November, biennially, of the inhabitants 
of each town in the several counties of this commonwealth; 
to be called by the selectmen, and warned in due course of 
law, at least seven days before such Tuesday, for the pur- 
pose of electing persons to be senators; and at such meetings 
every male inhabitant of twenty-one years of age and up- 
wards, qualified as provided in this constitution, shall have 
a right to give in his vote for the senator for the district of 
which he is an inhabitant. And to remove all doubts con- 
cerning the meaning of the word "inhabitant" in this con- 



OF MASSACHUSETTS — REARRANGEMENT. 121 

stitution, every person shall be considered as an inhabitant, 
for the purpose of electing and being elected into any office, 
or place within this state, in that city or town where he 
dwelleth, or hath his home. 

The selectmen of the several towns shall preside at such ^^'^^'"l"*" 
meetings impartially; and shall receive the votes of all the town meetings. 
inhabitants of such towns present and qualified to vote for Return 
senators, and shall sort and count them in open town meet- °^ ^°*®^" 
ing, and in presence of the town clerk, who shall make a 
fair record, in presence of the selectmen, 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 the selectmen and the town clerk, 
and shall be sealed up, directed to the secretary of the com- 
monwealth for the time being, with a superscription, express- 
ing the purport of the contents thereof, and delivered by the 
town clerk of such towns, to the sheriff of the county in 
which such town lies, thirty days at least before the first 
Wednesday in January biennially; or it shall be delivered 
into the secretary's office seventeen days at least before 
the said first Wednesday in January: and the sheriff of 
each county shall deliver all such certificates by him received 
into the secretary's office, seventeen days before such first 
Wednesday. 

Art. 47. And that there may be a due convention of Governor and 

^ J 1 1 • T n 1 council to 

senators on the first Wednesday in January annually, the examine and 
governor with five of the council, for the time being, shall, and issue 

bn. It* • 1 1 J." • J.U summonses. 

e after each biennial election, examine tne 

returned copies of such records; and after each biennial 

election fourteen days before such Wednesday he shall issue 

his summons to such persons as shall appear to be chosen by 

the highest number of votes to attend on that day, and take 

their seats accordingly. 

Art. 48. The senate shall be the final judge of the elec- Senate to be 
tions, returns and qualifications of their own members, eiectionsfetc., 
a's pointed out in the constitution; and shall, on the first member! 
Wednesday in January biennially, determine and declare 
who is elected by each district to be senator by the highest 
number of votes. Any vacancy in the senate shall be filled ho^^mS 
by election by the people of the unrepresented district, 
upon the order of a majority of senators elected. 

Art. 49. The senate shall choose its ow^n president, Senate shall 
appoint its own oflBcers, and determine its own rules of officers and 

1 . establish 

proceedings. its rules. 



122 



CONSTITUTION OF THE COMMONWEALTH 



Not to adjourn 
for more than 
two days. 



Shall try all 
impeachments. 



Oath. 



Limitation of 
sentence. 



Art. 50. The senate shall have power to adjourn them- 
selves, provided such adjournments do not exceed two days 
at a time. 

Art. 51. The senate shall be a court with full authority 
to hear and determine all impeachments made by the house 
of representatives, against any officer or officers of the com- 
monwealth, for misconduct and maladministration 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 charge in question, ac- 
cording to evidence. Their judgment, however, shall not 
extend further than to removal from office and disqualifica- 
tion to hold or enjoy any place of honor, trust, or profit, 
under this commonwealth; but the party so convicted shall 
be, nevertheless, liable to indictment, trial, judgment, and 
punishment, according to the laws of the land. 



Representation 
of the people. 



Enumeration to 
determine ap- 
portionment of 
representatives. 



House of repre- 
sentatives to 
consist of 
240 members. 
Legislature to 
apportion, etc. 



Secretary shall 
certify to 
officers author- 
ized to divide 
counties. 



Meeting for 
division to be 
first Tuesday 
of August. 
Proceedings. 



THE HOUSE OF REPRESENTATIVES. 

Art. 52. There shall be, in the legislature of this com- 
monwealth, a representation of the people, biennially elected, 
and founded upon the principle of equality. 

Art 53. The special enumeration of legal voters herein- 
before required in the case of the senate shall determine the 
apportionment of representatives for the periods between the 
taking of the census. 

The house of representatives shall consist of two hundred 
and forty members. The representatives shall be appor- 
tioned by the legislature, at its first session after the return of 
each such special enmneration, to the several counties of the 
commonwealth, equally, as nearly as maybe, according to their 
relative numbers of legal voters, as ascertained by the next 
preceding special enumeration ; and the town of Cohasset, in 
the county of Norfolk, shall, for this purpose, as well as in 
the formation of districts, as hereinafter pro\'ided, be con- 
sidered a part of the county of PljTnouth; and it shall be 
the duty of the secretary of the commonwealth, to certify, 
as soon as may be after it is determined by the legislature, 
the number of representatives to which 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 coimty 
commissioners of other counties than Suffolk, or in lieu of 
the mayor and aldermen of the city of Boston, or of the 



OF MASSACHUSETTS — REARRANGEMENT. 123 

county commissioners in each county other than Suffolk, 
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 assignment of repre- 
sentatives to each county, assemble at a shire town of their 
respective counties, and proceed, as 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 di\ided therefor, nor shall any district be 
made which shall be entitled to elect more than three rep- 
resentatives. 

Every representative, for one year at least next preceding Qualifications 
his election, shall have been an inhabitant of the district for taut^^^^°" 
which he is chosen, and shall cease to represent such district 
when he shall cease to be an inhabitant of the commonwealth. 
The districts in each countv shall be numbered bv the board Districts to be 

1 , ," . . <• 1 • 'i 1 numbered, 

creating the same, and a description or each, with the num- described and 
bers thereof and the number of legal voters therein, shall 
be returned by the board, to the secretary of the common- 
wealth, 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 conduct- 
ing the meetings for the choice of representatives, and of 
ascertaining their election, shall be prescribed by law. 

Art. 54. Every member of the house of representatives Representa- 
shall be chosen by written votes. A vote by a lawfully chosen. 
authorized voting machine or other mechanical device shall 
be deemed a written vote. The house of representatives Towns UaWe 
shall have power from time to time to impose fines upon such etc. "^ '"^ ''^' 
towns as shall neglect to choose and return members to the 
same, agreeably to this constitution. 

Art. 55. The members of the house of representatives Time of eiec- 
shall be chosen biennially as hereinbefore provided on the s'entaUvIs!'^^ 
Tuesday next after the first Monday in November; but in 
case of a failure to elect representatives on that day, a second 
meeting shall be holden, for that purpose, on the fourth 
Monday of the same month of November. 

Art. 56. The house of representatives shall be the grand House alone 
inquest of this commonwealth; and all impeachments made Senate to try 
by them shall be heard and tried by the senate. impeac men s. 



124 



CONSTITUTION OF THE COMMONWEALTH 



House to 
originate 
money bills. 



Not to adjourn 
more than two 
days. 



To judge of 
returns, etc., 
of its own 
members; 
choose its 
officers and 
establish its 
rules, etc. 
May punish 
for certain 
offences. 



Privileges of 
members. 



Senate, gov- 
ernor and coun- 
cil may punish. 

General 
limitation. 



Trial may be 
by committee, 
or otherwise. 



Art. 57. All money bills shall originate in the house of 
representatives; but the senate may propose or concur with 
amendments, as on other bills. 

Art. 58. The house of representatives shall have power 
to adjourn themselves; provided such adjournment shall not 
exceed two days at a time. 

Art. 59. The house of representatives shall be the judge 
of the returns, elections, and qualifications of its own mem- 
bers, as pointed out in the constitution; shall choose their 
own speaker; appoint their own officers, and settle the rules 
and orders of proceeding in their own house. They phall 
have authority to punish by imprisomuent every person, not 
a member, who shall be guilty of disrespect to the house, by 
any disorderly or contemptuous beha\'ior in its presence; or 
who, in the town where the general court is sitting, and 
dm"ing 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 house, in his way in going or returning; 
or who shall rescue any person arrested by the order of the 
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 court. 

Art. 60. The senate shall have the same powers in the 
like cases; and the governor 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 con- 
cerned, 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. 



General court 
may constitute 
judicatories, 
courts of record, 
etc. 



LEGISLATIVE POWERS. 

Art. 61. The general court shall forever have full power 
and authority to erect and constitute judicatories and courts 
of record, or other courts, to be held in the name of the com- 
monwealth, for the hearing, trying, and determining of all 
manner of crimes, offences, pleas, processes, plaints, actions, 



OF MASSACHUSETTS — REARRANGEMENT. 125 

matters, causes, and things, whatsoever, arising or happen- 
ing 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 courts and judica- Courts, etc.. 
tories are hereby given and granted full power and authority, t^f oa^th^''"^" 
from time to time, to administer oaths or affirmations, for 
the better discovery of truth in any matter in controversy or 
depending before them. 

Art. 62. The legislature shall prescribe, by general law, Legislature to 
for the election of sheriffs, registers of probate, and clerks of thfeiectli^of 
the courts, by the people of the several counties, and that ters'^jrf^profate 
district-attorneys shall be chosen by the people of the several etc. 
districts, for such term of office as the legislature shall pre- 
scribe. 

Art. 63. And further, full power and authority are General court 
hereby given and granted to the general court, from time to ^^.^ norre^TJ^-' 
time to make, ordain, and establish, all manner of whole- nanttothe 

' ' ' IT constitution. 

some and reasonable orders, laws, statutes, and ordinances, 
directions and instructions, either with penalties or without; 
so as the same be not repugnant or contrary to this constitu- 
tion, as they shall judge to be for the good and welfare of 
this commonwealth, and for the government and ordering , 
thereof, and of the subjects of the same, and for the neces- 
sary support and defence of the government thereof; and May provide 

*' . for the election 

to name and settle annually, or pro'V'ide by fixed laws for the or appointment 
naming and settling, all civil officers within the said common- prMcrib?their 
wealth, the election and constitution of whom are not here- *^"*^®^- 
after in this form of government otherwise provided for; and 
to set forth the several 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 con- 
trary to this constitution; and to impose and levy propor- May impose 
tional and reasonable assessments, rates, and taxes, upon all 
the inhabitants of, and persons resident, and estates lying, 
"within the said commonwealth; and also to impose and levy 
reasonable duties and excises upon any produce, goods, 
wares, merchandise, and commodities, whatsoever, brought 
into, produced, manufactured, or being within the same; to 
be issued and disposed of by warrant, under the hand of the 



taxes, etc. 



126 



CONSTITUTION OF THE COMMONWEALTH 



Valuation of 
estates once in 
ten years, at 
least, etc. 



Powers of the 
general court 
relative to 
imposing and 
levying a tax 
on income. 



Exemptions, 
etc. 



General court 
empowered to 
charter cities. 



Proviso. 



governor of this commonwealth for the time being, with the 
advice and consent of the council, for the public service, in 
the necessary defence and support of the government of the 
commonwealth, and the protection and preservation of the 
subjects thereof, according to such acts as are or shall be in 
force within the same. 

And while the public charges of government, or any part 
thereof, shall be assessed on polls and estates, in the manner 
that has hitherto been practised, in order that such assess- 
ments may be made with equality, there shall be a valuation 
of estates within the commonwealth, taken anew once in 
every ten years at least, and as much oftener as the general 
court shall order. 

Art. 64. Full power and authority are hereby given and 
granted to the general court to impose and levy a tax on 
income in the manner hereinafter pro^'ided. Such tax may 
be at different rates upon income derived from different 
classes of property, but shall be levied at a uniform rate 
throughout the commonwealth upon incomes derived from 
the same class of property. The general court may tax 
income not derived from property at a lower rate than income 
derived from property, and may grant reasonable exemptions 
and abatements. Any class of property the income from 
which is taxed under the pro^dsions of this article may be 
exempted from the imposition and le\'^'ing of proportional 
and reasonable assessments, rates and taxes as at present 
authorized by the constitution. This article shall not be 
construed to limit the power of the general court to impose 
and le\y reasonable duties and excises. 

Art. 65. The general court shall have full power and 
authority to erect and constitute municipal or city govern- 
ments, in any corporate town or towns in this common- 
wealth, and to grant to the inhabitants thereof such powers, 
pri\'ileges, and immunities, not repugnant to the constitu- 
tion, 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 in- 
habitants, in wards or otherwise, for the election of officers 
under the constitution, and the manner of returning the votes 
given at such meetings. Pro\'ided, that no such government 
shall be erected or constituted in any town not containing 
twelve thousand inliabitants, nor unless it be \\ith the consent, 
and on the application of a majority of the inhabitants of 
such town, present and voting thereon, pursuant to a vote 



OF MASSACHUSETTS — REARRANGEMENT. 127 

at a meeting duly warned and holden for that purpose. And 
provided, also, that all by-laws, made by such municipal or Proviso. 
city government, shall be subject, at all times, to be annulled 
by the general court. 

Art. 66. The general court shall have power to author- Powers of the 
ize the commonwealth to take land and to hold, improve, fliativeu>^the 
sub-di\ade, build upon and sell the same, for the purpose of etc'To^/eifevl' 
relieving congestion of population and providing homes for po^ullt^nand 
citizens: proxdded, however, that this article shall not be ^^^°i'^^ 
deemed to authorize the sale of such land or buildings at less citizens. 
than the cost thereof. ^™^'^°- 

Art. 67. The conservation, development and utilization Conservation, 
of the agricultural, mineral, forest, water and other natural reso'u?ce"Vthe 
resources of the commonwealth, are public uses, and the «°™™°^w^t^- 
general court shall have power to provide for the taking, 
upon pa;yTnent of just compensation therefor, of lands and 
easements or interests therein, including water and mineral 
rights, for the purpose of securing and promoting the proper 
conservation, development, utilization and control thereof 
and to enact legislation necessary or expedient therefor. 

Art. 68. Full power and authority are hereby given and ^^'^^"f'orest 
granted to the general com-t to prescribe for wild or forest ^^"^'i^- 
lands such methods of taxation as will develop and conserve 
the forest resources of the commonwealth. 

Art. 69. The maintenance and distribution at reason- General C9urt 
able rates, during time of war, public exigency, emergency or manner™/ dls- 
distress, of a sufficient supply of food' and other common f^^""?" °^ 
necessaries of life and the providing of shelter, are public during time of 

■*■ war 6tc. Dv 

functions, and the commonwealth and the cities and towns the'common- 

, 1 . ,1 1 • 1 J 1 i> , 1 • wealth, cities 

therein may take and may pro\ade the same tor their and towns. 
inhabitants in such manner as the general court shall de- 
termine. 
Art. 70. The general court may by special acts for the General court 

/. 1 . , ... 1 , • 1 • 1 to provide for 

purpose or laying out, widening or relocating highways or the taking of 
streets, authorize the taking in fee by the commonwealth, or widemng'orTe- 
by a county, city or town, of more land and property than waysl^ete*!'^^' 
are needed for the actual construction of such highway or 
street: provided, however, that the land and property author- Proviso. 
ized to be taken are specified in the act and are no more 
in extent than would be sufficient for suitable building lots 
on both sides of such highway or street, and after so much of 
the land or property has been appropriated for such highway 
or street as is needed therefor, may authorize the sale of the 
remainder for value with or without suitable restrictions. 



128 



CONSTITUTION OF THE COMMONWEALTH 



Building zones 
in cities and 
towns. 



Regulation by 
law of adver- 
tising on public 
ways, etc. 

General court 
may prescribe 
for taking 
ancient land- 
marks, etc. 



Organization of 
not more than 
twenty depart- 
ments to 
perform the 
executive and 
administrative 
work of the 
common- 
wealth, except, 
etc. 



Every charter, 
etc., subject to 
revocation, etc. 



Initiative and 

referendum, 

definition. 



Art. 71. The general court shall ha^-e power to limit 
buildings according to their use or construction to specified 
districts of cities and towns. 

Art. 72. Advertising on public ways, in public places 
and on private property mthin public view may be regulated 
and restricted by law. 

Art. 73. The preservation and maintenance of ancient 
landmarks and other property of historical or antiquarian 
interest is a public use, and the commonwealth and the 
cities and towns therein may, upon payment of just com- 
pensation, take such property or any interest therein under 
such regulations as the general court may prescribe. 

Art. 74. On or before January first, nineteen hundred 
twenty-one, the executive and administrati^'e work of the 
commonwealth shall be organized in not more than twenty 
departments, in one of which every executive and adminis- 
trative office, board and commission, except those officers 
serving directly under the governor or the council, shall be 
placed. Such departments shall be under such super\'ision 
and regulation as the general court may from time to time 
prescribe by law. 

Art. 75. Every charter, franchise or act of incorpora- 
tion shall forever remain subject to revocation and amend- 
ment. 

THE INITIATIVE AND REFERENDUM. 

DEFINITION. 

Art. 76. Legislative power shall continue to be vested in 
the general court; but the people reserve to themselves the 
popular initiative, which is the power of a specified niunber 
of voters to submit constitutional amendments and laws to 
the people for approval or rejection; and the popular refer- 
endmn, which is the power of a specified number of voters 
to submit laws, enacted by the general court, to the people 
for their ratification or rejection. 



Contents of 

initiative 

petition. 



Certain matters 
shall not be 
proposed by 



The Initiative. 

INITIATIVE petitions. 

Art. 77. Contents. — An initiative petition shall set 
forth the full text of the constitutional amendment or law, 
hereinafter designated as the measure, which is proposed by 
the petition. 

Art. 78. Excluded Matters. — No measure that relates 
to religion, religious practices or religious institutions; or 



OF MASSACHUSETTS — REARRANGEMENT. 129 

to the appointment, qualification, tenure, removal, recall or initiative 
compensation of judges; or to the reversal of a judicial deci- 
sion; or to the powers, creation or abolition of courts; or the 
operation of which is restricted to a particular town, city or 
other political division or to particular districts or localities 
of the commonwealth; or that makes a specific appropria- 
tion of money from the treasury of the commonwealth, shall 
be proposed by an initiative petition; but if a law approved Jpolfginerai 
by the people is not repealed, the general court shall raise court^ ^''proved 
by taxation or otherwise and shall appropriate such money by the people. 
as may be necessary to carry such law into effect. 

Neither the provisions of this constitution embodied in Anti-aid 
article three, section two of the declaration of rights, nor so-cTiiedr.no't 
this provision for their protection, shall be the subject of ^ initiative* 
an initiative amendment. amendment. 

No measure inconsistent with any one of the following Certain indi- 
rights of the individual, as at present declared in the declara- not to be 
tion of rights, shall be the subject of an initiative petition: iniuluve^ 
The right to receive compensation for private property ap- amendment. 
propriated to public use; the right of access to and protection 
in courts of justice; the right of trial by jury; protection from 
unreasonable search, unreasonable bail and the law martial ; 
freedom of the press; freedom of speech; freedom of elections; 
and the right of peaceable assembly. 

No part of the constitution specifically excluding any mat- Further 
ter from the operation of the popular initiative and referen- matters^ 
dum shall be the subject of an initiative petition; nor shall 
this article be the subject of such a petition. 

The limitations on the legislative power of the general pertain 
court in the constitution shall extend to the legislative power limitations 

» , , 1 '11 1 extended. 

01 the people as exercised hereunder. 

Art. 79. Mode of Originating. — Such petition shall first ]^^^^^^^ 
be signed by ten qualified voters of the commonwealth and mode of' 
shall then be submitted to the attorney-general, and if he ing, etc. 
shall certify that the measure is in proper form for sub- 
mission to the people, and that it is not, either affirmatively 
or negatively, substantially the same as any measure which 
has been qualified for submission or submitted to the people 
within three years of the succeeding first Wednesday in 
December and that it contains only subjects not excluded 
from the popular initiative and which are related or which 
are mutually dependent, it may then be filed with the secre- 
tary of the commonwealth. The secretary of the common- secretary 
wealth shall provide blanks for the use of subsequent signers, wea'ith t^'""''" 



130 



CONSTITUTION OF THE COMMONWEALTH 



furnish blank 
forms, etc. 



Time of filing 

initiative 

petitions. 



Transmission 
of proposed 
measure to the 
general court. 



and shall print at the top of each blank a description of the 
proposed measure as such description vriW appear on the 
ballot together with the names and residences of the first ten 
signers. All initiative petitions with the first ten signatures 
attached, shall be filed with the secretary of the common- 
\vealth not earlier than the first Wednesday of the Septem- 
ber before the annual assembling of the general court into 
which they are to be introduced, and the remainder of the 
required signatm-es shall be filed not later than tlie first 
Wednesday of the following December. 

Art. 80. Transmission to the General Court. — If an in- 
itiative petition, signed by the required number of qualifier 
voters, has been filed as aforesaid, the secretary of the com.- 
monwealth shall, upon the next assembling of the general 
court, transmit it to the clerk of the house of representatives, 
and the proposed measure shall then be deemed to be intro- 
duced and pending. 



Reference to 
legislative com- 
mittee and 
report thereon. 



Legislative 
substitute for 
initiative 
measure. 



LEGISLATIVE ACTION. GENERAL PROVISIONS. 

Art. 81. Reference to Committee. — If a measure is intro- 
duced into the general court by initiative petition, it shall be 
referred to a committee thereof, and the petitioners and all 
parties in interest shall be heard, and the measure shall be 
considered and reported upon to the general court with the 
committee's recommendations, and the reasons therefor, in 
writing. Majority and minority reports shall be signed by 
the members of said committee. 

Art. 82. Legislative Substitutes. — The general court 
may, by resolution passed by yea and nay vote, either by 
the two houses separately, or in the case of a constitutional 
amendment by a majority of those voting thereon in joint 
session in each of two general courts successively elected as 
hereinafter proA-ided, submit to the people a substitute for 
any measure introduced by initiative petition, such substi- 
tute to be designated on the ballot as the legislative substi- 
tute for such an initiative measure and to be grouped with it 
as an alternative therefor. 



LEGISLATIVE ACTION ON PROPOSED CONSTITUTIONAL AMEND- 
MENTS. 

P?finition of Art. 83. Definition. — A proposal for amendment to the 
amendment constitution iutroduccd iuto the general court by initiative 
petition shall be designated an initiative amendment, and an 



and legislative 
substitute. 



OF MASSACHUSETTS — REARRANGEMENT. 131 

amendment introduced by a member of either house shall be 
designated a legislative substitute or a legislative amendment. 

Art. 84. Joint Session. — If a proposal for a specific Joint session 
amendment of the constitution is introduced into the general ImenTme^t 
court by initiative petition signed by not less than twenty- stitutlon."" 
five thousand qualified voters, or if in case of a proposal for 
amendment introduced into the general court by a mem- 
ber of either house, consideration thereof in joint session is 
called for by vote of either house, such proposal shall, not 
later than the second Wednesday in the follomng June, be 
laid before a joint session of the two houses, at which the 
president of the senate shall preside; and if the two houses when governor 
fail to agree upon a time for holding any joint session hereby jofnt stekon. 
required, or fail to continue the same from time to time until 
final action has been taken upon all amendments pending, 
the governor shall call such joint session or continuance 
thereof. 

Art. 85. Amendment of Proposed Amendments. — A pro- Proposed 
posal for an amendment to the constitution introduced by t^uTe^TOnsti- 
initiative petition shall be voted upon in the form in which ^hich 'to°bT ^^ 
it was introduced, unless such amendment is amended by v°*ed upon. 
vote of three-fourths of the members voting thereon in joint 
session, which vote shall be taken by call of the yeas and nays 
if called for by any member. 

Art. 86. Legislative Action. — Final legislative action in Final legislative 
the joint session upon any amendment shall be taken only by taken by yLs 
call of the yeas and nays, which shall be entered upon the ^^'^ °*^^- 
journals of the two houses; and an unfavorable vote at any 
stage preceding final action shall be verified by call of the 
yeas and nays, to be entered in like manner. At such joint Reference to 
session a legislative amendment recei\'ing the affirmative STo be^ 
votes of a majority of all the members elected, or an initia- ®^®*^'^®'^- 
tive amendment receiving the affirmative votes of not less 
than one-fourth of all the members elected, shall be referred 
to the general court next to be efected. 

Art. 87. Submission to the People. — If in the general Submission of 

1 1 1 • 1 • 1 1 11 • 1 legislative 

court next elected a legislative amendment shall again be amendment, 

J j^ . . . ^ -1 . • ,.111 1 etc., to the 

agreed to m joint session by a majority oi all the members people. 
elected, or if an initiative amendment shall again receive the 
affirmative votes of at least one-fourth of all the members 
elected, such fact shall be certified by the clerk of such joint 
session to the secretary of the commonwealth, who shall 
submit the amendment to the people at the next biennial 
state election. 



132 



CONSTITUTION OF THE COMMONWEALTH 



When an 
amendment 
becomes part 
of the con- 
stitution. 



An amendment shall become part of the constitution if 
approved, in the case of a legislative amendment, by a ma- 
jority of the voters voting thereon, or if approved, in the 
case of an initiati\^e amendment or a legislative substitute, 
by voters equal in number to at least thirty per cent of the 
total nmnber of ballots cast at such state election and also 
by a majority of the voters voting on such amendment. 



Legislative 
procedure on 
law proposed 
by initiative 
petition, .etc. 



When measure 
becomes law 
and takes 
effect. 



Amendment of 
proposed law 
by petitioners 
and submission 
of measure to 
the people by 
the secretary 
of the com- 
monwealth. 



LEGISLATIVE ACTION ON PROPOSED LAWS. 

Art. 88. Legislative Procedure. — If an initiative peti- 
tion for a law is introduced into the general court, signed by 
not less than twenty thousand qualified voters, a vote shall 
be taken by yeas and nays in both houses before the first 
Wednesday of the following June upon the enactment of such 
law in the form in wliich it stands in such petition. If the 
general court fails to enact such law before such first Wednes- 
day of Jmie, and if such petition is completed by filing with 
the secretary of the commonwealth, not earlier than the 
first Wednesday of the following July nor later than the first 
Wednesday of the follo\ving August, not less than five thou- 
sand signatures of qualified voters, in addition to those 
signing such initiative petition, which signatures must have 
been obtained after the first Wednesday of June aforesaid, 
then the secretary of the commonwealth shall submit such 
proposed law to the people at the next biennial state election. 
If it shall be approved by voters equal in number to at least 
thirty per cent of the total number of ballots cast at such 
state election and also by a majority of the voters voting on 
such law, it shall become law, and shall take effect in thirty 
days after such state election or at such time after such elec- 
tion as may be proAided in such law. 

Art. 89. Amendment by Petitioners. — If the general 
court fails to pass a proposed law before such first Wednes- 
day of June, a majority of the first ten signers of the initia- 
tive petition therefor shall have the right, subject to certifi- 
cation by the attorney-general filed as hereinafter provided, 
to amend the measure which is the subject of such petition. 
An amendment so made shall not invalidate any signature 
attached to the petition. If the measure so amended, signed 
by a majority of the first ten signers, is filed with the sec- 
retary of the commonwealth before the first Wednesday of 
the following July, together with a certificate signed by the 
attorney-general to the effect that the amendment made by 
such proposers is in his opinion perfecting in its nature and 



i 



OF MASSACHUSETTS — REARRANGEMENT. 133 

does not materially change the substance of the measure, 
and if such petition is completed by filing with the secretary 
of the commonwealth, not earlier than the first Wednesday 
of the following July nor later than the first Wednesday of 
the following August, not less than five thousand signatures 
of qualified voters, in addition to those signing such initia- 
tive petition, which signatures must have been obtained after 
the first Wednesday of June aforesaid, then the secretary of 
the commonwealth shall submit the measure to the people in 
its amended form. 

CONFLICTING AND ALTERNATIVE MEASURES. 

Art. 90. If in any judicial proceeding, provisions of con- conflicting and 
stitutional amendments or of laws approved by the people at me^ufi^^ 
the same election are held to be in conflict, then the provi- which shall 
sions contained in the measure that received the largest num- approved by 
ber of affirmative votes at such election shall govern. ^ ^^^ ^' ^ °' 

Art. 91. A constitutional amendment approved at any Constitutional 

, . , ,, , , -^-^ , . amendment to 

election shall govern any law approved at the same election, govern law, etc. 

Art. 92. The general court, by resolution passed as here- General court 
inbefore set forth, may provide for grouping and designat- for^gTo^upLg, 
ing upon the ballot as conflicting measures or as alternative thebaUot. 
measures, only one of which is to be adopted, any two or more 
proposed constitutional amendments or laws which have 
been or may be passed or qualified for submission to the 
people at any one election: provided, that a proposed con- Proviso, 
stitutional amendment and a proposed law shall not be so 
grouped, and that the ballot shall afford an opportunity to 
the voter to vote for each of the measures or for only one of 
the measures, as may be provided in said resolution, or against 
each of the measures so grouped as conflicting or as alterna- 
tive. In case more than one of the measures so grouped Only measure 

, ,, . , . , „ . 11- receiving larg- 

shall receive the vote required tor its approval as herein est affirmative 
provided, only that one for which the largest affirmative vote deemed 
was cast shall be deemed to be approved. approv . 

The Referendum. 

WHEN statutes SHALL TAKE EFFECT. 

Art. 93. No law passed by the general court shall take when certain 
effect earlier than ninety days after it has become a law, the general 
excepting laws declared to be emergency laws and laws which effect. 
may not be made the subject of a referendmn petition, as 
herein provided. 



134 



CONSTITUTION OF THE COMMONWEALTH 



Emergency 
law to contain 
preamble. 



Yea and nay 
vote thereon. 



How governor 
may cause 
certain laws to 
take effect 
forthwith. 



Certain 
franchise 
grants accepted. 



EMERGENCY MEASURES. 

Art. 94. A law declared to be an emergency law shall 
contain a preamble setting forth the facts constituting the 
emergency, and shall contain the statement that such law is 
necessary for the immediate preservation of the public peace, 
health, safety or convenience. A separate vote shall be taken 
on the preamble by call of the yeas and nays, which shall be 
recorded, and unless the preamble is adopted by two-thirds 
of the members of each house voting thereon, the law shall 
not be an emergency law. 

But if the governor, at any time before the election at 
which a law may be submitted to the people on referendum, 
files "with the secretary of the commonwealth a statement 
declaring that in his opinion the immediate preservation of 
the public peace, health, safety or convenience requires that 
such law should take effect fortlwdth and that it is an emer- 
gency law and setting forth the facts constituting the emer- 
gency, then such law, if not previously suspended as herein- 
after provided, shall thereupon take effect, or if such law has 
been so suspended such suspension shall thereupon terminate 
and such law shall take effect. 

No grant of any franchise or amendment thereof, or re- 
newal or extension thereof for more than one year shall be 
declared to be an emergency law. 



Contents of 
referendum 
petition. 



Certain matters 
shall not be 
the subject of 
a referendum 
petition. 



Mode of 
petitioning for 
the suspension 
of a law and a 
referendum 
thereon. 



REFERENDUM PETITIONS. 

Art. 95. Contents. — A referendum petition may ask for 
a referendum to the people upon any law enacted by the 
general court which is not herein expressly excluded. 

Art. 96, Excluded Matters. — No law that relates to 
religion, religious practices or religious institutions; or to 
the appointment, qualification, tenure, removal or compensa- 
tion of judges; or to the powers, creation or abolition of 
courts; or the operation of which is restricted to a particular 
town, city or other political di\dsion or to particular districts 
or localities of the comnionwealth; or that appropriates 
money for the current or ordinary expenses of the common- 
wealth or for any of its departments, boards, commissions 
or institutions shall be the subject of a referendum petition. 

Art. 97. Mode of Petitioning for the SiisjJension of a Law 
and a Referendum thereon. — A petition asking for a refer- 
endiun on a law, and requesting that the operation of such 



OF MASSACHUSETTS — REARRANGEMENT. 135 

law be suspended, shall first be signed by ten qualified voters 
and shall then be filed with the secretary of the common- 
wealth not later than thirty daj's after the law that is the 
subject of the petition has become law. The secretary of i^cretary^of"^ 
the commonwealth shall pro\dde blanks for the use of sub- wraith^^c''' 
sequent signers, and shall print at the top of each blank a 
description of the proposed law as such description A\'ill ap- 
pear on the ballot together \yiih the names and residences of 
the first ten signers. If such petition is completed by filing 
with the secretary of the commonwealth not later than 
ninety days after the law which is the subject of the petition 
has become law the signatures of not less than fifteen thou- 
sand qualified voters of the commonwealth, then the opera- 
tion of such law shall be suspended, and the secretary of the 
commonwealth shall submit such law to the people at the 
next biennial state election, if thirty days intervene between 
the date when such petition is so completed and filed with the 
secretary of the commonwealth and tlie date for holding 
such state election; if thirty days do not so intervene, then 
such law shall be submitted to the people at the next follow- 
ing biennial state election, unless in the meantime it shall 
have been repealed; and if it shall be approved by a majority Votes necea- 
of the qualified voters voting thereon, such law shall, subject ap^provli, etc. 
to the provisions of the constitution, take effect in thirty 
days after such election, or at such time after such election 
as may be pro^'ided in such law; if not so approved such 
law shall be null and void; but no such law shall be held to 
be disapproved if the negative vote is less than thirty per 
cent of the total number of ballots cast at such state election. 

Art. 98. Petitions for Referenduvi on an Emergency Law petitions for 
or a Law the Suspension of which is not ashed for. — A refer- an emergency" 
endum petition may ask for the repeal of an emergency law \^ o"" ^ law 

oi I'll pf ^ i» !• ^"^ suspension 

or or a law which takes eiiect because the referendum peti- of which is not 
tion does not contain a request for suspension, as aforesaid. 
Such petition shall first be signed by ten qualified voters of 
the commonwealth, and shall then be filed with the secre- 
tary of the commonwealth not later than thirty days after 
the law which is the subject of the petition has become law. 
The secretary of the commonwealth shall proxide blanks for Duties of the 
the use of subsequent signers, and shall print^-at the top of common- °^ *^^ 
each blank a description of the proposed law as such descrip- wealth, etc. 
tion will appear on the ballot together with the names and 
residences of the first ten signers. If such petition filed as 
aforesaid is completed by filing with the secretary of the 



136 



CONSTITUTION OF THE COMMONWEALTH 



commonwealth not later than ninety days after the law which 
is the subject of the petition has become law the signatures 
of not less than ten thousand qualified voters of the common- 
wealth protesting against such law and asking for a refer- 
endum thereon, then the secretary of the commonwealth 
shall submit such law to the people at the next biennial 
state election, if thirty days intervene between the date 
when such petition is so completed and filed with the secre- 
tary of the commonwealth and the date for holding such 
state election. If thirty days do not so intervene, then it 
shall be submitted to the people at the next foIlo\^ing bien- 
nial state election, unless in the meantime it shall have been 
Votes necessary repealed; and if it shall not be approved by a majority of 
for repeal, etc. ^-^^ qualified votcrs votiug thcrcou, it shall, at the expiration 
of thirty days after such election, be thereby repealed; but 
no such law shall be held to be disapproved if the negative 
vote is less than thirty per cent of the total number of ballots 
cast at such state election. 

General Provisions. 



Identification 
and certifica- 
tion of signa- 
tures to 
petitions, etc. 



Law to regu- 
late petitions 
circulated for 
hire or reward. 



IDENTIFICATION AND CERTIFICATION OF SIGNATURES. 

Art. 99. Provision shall be made by law for the proper 
identification and certification of signatures to the petitions 
hereinbefore referred to, and for penalties for signing any 
such petition, or refusing to sign it, for money or other valu- 
able consideration, and for the forgery of signatures thereto. 
Pending the passage of such legislation all provisions of law 
relating to the identification and certification of signatures 
to petitions for the nomination of candidates for state offices 
or to penalties for the forgery of such signatures shall apply 
to the signatures to the petitions herein referred to. The 
general court may pro\dde by law that no co-partnership or 
corporation shall undertake for hire or reward to circulate 
petitions, may require individuals who circulate petitions for 
hire or reward to be licensed, and may make other reasonable 
regulations to prevent abuses arising from the circulation of 
petitions for hire or reward. 



Limitation on 
signatures. 



LIMITATION ON SIGNATURES. 



Art. 100. Not more than one-fourth of the certified sig- 
natures on an}^ petition shall be those of registered voters of 
any one county. 



OF MASSACHUSETTS — REARRANGEMENT. 



137 



Description on 
ballots to be 
determined by 
the attorney- 
general, etc. 



YES. 




NO. 





FORM OF BALLOT. 

Art. 101. Each proposed amendment to the constitu- 
tion, and each law submitted to the people, shall be de- 
scribed on the ballots bj' a "description to be determined by 
the attorney-general, subject to such provision as may be 
made by law, and the secretary of the commonwealth shall 
give each question a number and cause such question, except 
as other'svise authorized herein, to be printed on the ballot 
in the following form: 

Art. 102. In the case of an amendment to the constitu- 
tion: Shall an amendment to the constitution 
(here insert description, and state, in distinctive 
tj'pe, whether approved or disapproved by the 
general court, and by what vote thereon) be approved? 

Art. 103. In the case of a law: Shall a law (here in- 
sert description, and state, in distinctive type, 
whether approved or disapproved by the gen- 
eral court, and by what vote thereon) be aj>- 
proved? 

INFORMATION FOR VOTERS. 

Art. 104, The secretary of the commonwealth shall cause certain in- 
to be printed and sent to each registered voter in the common- ^voten^u^he^ 
wealth the full text of every measiu-e to be submitted to the secreUry^iTf 
people, together ■with a copy of the legislative committee's ^^f^t,™'""'^' 
majority and minority reports, if there be such, with the 
names of the majority and minority members thereon, a 
statement of the votes of the general court on the measure, 
and a description of the measure as such description wdll 
appear on the ballot; and shall, in such mamier as may be 
pro\'ided by law, cause to be prepared and sent to the voters 
other information and arguments for and against the measure. 



YES. 




NO. 





Form of 
question on 
amendment to 
constitution. 



Form of 
question 
on a law. 



THE VETO POWER OF THE GOVERNOR. 



Art. 105. The veto power of the governor shall not ex- Governors' 
tend to measures approved by the people. 



veto not to 
extend to 
certain 
measures. 



THE GENERAL COURT S POWER OF REPEAL. 



Art. 106. Subject to the veto power of the governor and Law approved 

, , . , J, p ^. . , . . , , by the people 

to the right or rererendum bv petition as herein provided, may be 

,1 , , i" 11 11 amended, etc., 

the general court may amend or repeal a law approved by by the general 
the people. '=°^*- 



138 



CONSTITUTION OF THE COMMONWEALTH 



Initiative and 
referendum 
amendment 
to be self- 
executing, etc. 



LNITIATIVE AXD REFERENDUM DECLARED TO BE SELF- 
EXECUrmG. 

Art. 107. The pro\asions of the initiative and referendum 
are self-executing, but legislation not inconsistent "uith any- 
thing therein contained may be enacted to facilitate the 
operation of such provisions. 



The budget, 
contents, etc. 



General court 
to prescribe 
form, etc. 

Governor 

may require 
information 
from boards, 
etc. 



The general 
appropriation 
bill and powers 
of the general 
court. 



Governor may 
recommend 
supplementary 
budgets. 



When special 
appropriation 
bills may be 
enacted, etc. 



Governor may 
disapprove, 
etc., items or 



STATE BUDGET AND VETO OF ITEMS BY THE GOVERNOR. 
— LENDING CREDIT OF COMMONWEALTH. 

Art. 108. The Budget. — Within tliree weeks after the 
convening of the general court the governor shall recommend 
to the general court a budget which shall contain a statement 
of all proposed expenditures of the commonwealth for the 
fiscal year, including those already authorized by law, and of 
all taxes, revenues, loans and other means by which such 
expenditures shall be defrayed. This shall be arranged in 
such form as the general court may by law prescribe, or, in 
default thereof, as the go\'ernor shall determine. For the 
purpose of preparing his budget, the governor shall have 
power to require any board, commission, officer or depart- 
ment to furnish him AAith any information which he may 
deem necessary. 

Art. 109. The General Appropriatio7i Bill. — All appro- 
priations based upon the budget to be paid from taxes or 
revenues shall be incorporated in a single bill which shall 
be called the general appropriation bill. The general court 
may increase, decrease, add or omit items in the budget. 
The general court may pro\'ide for its salaries, mileage, and 
expenses and for necessary expenditures in anticipation of 
appropriations, but before final action on the general appro- 
priation bill it shall not enact any other appropriation bill 
except on recommendation of the go^'ernor. The governor 
may at any time recommend to the general court supplemen- 
tary budgets which shall be subject to the same procedure 
as the original budget. 

Art. 110. Special Appropriation Bills. — After final action 
on the general appropriation bill or on recommendation of the 
governor, special appropriation bills may be enacted. Such 
bills shall proAdde the specific means for defraying the appro- 
priations therein contained. 

Art. 111. Submission to the Governor. — The governor 
may disapprove or reduce items or parts of items in any bill 



OF MASSACHUSETTS — REARRANGEMENT. 139 

appropriating money. So much of such bill as he approves parts of items 

shall upon his signing the same become law. As to each priktion biii, 

item disapproved or reduced, he shall transmit to the house 

in which the bill originated his reasons for such disapproval 

or reduction, and the procedure shall then be the same as in 

the case of a bill disapproved as a whole. In case he shall ]^'^^^ 1° ^^ave 

tore© oi Ifl-W 

fail so to transmit his reasons for such disapproval or reduc- unless, etc. ' 
tion within five days after the bill shall have been presented 
to him, such items shall have the force of law unless the 
general court by adjournment shall prevent such transmis- 
sion, in which case they shall not be law. 

Art. 112. The credit of the commonwealth shall not in Common- 
any manner be given or loaned to or in aid of any individual, nofto be"*^ ' 
or of any private association, or of any corporation which is IL^|rpr?ses"^**^ 
privately owned and managed. 

Art. 113. The commonwealth may borrow money to Common- 
repel invasion, suppress insurrection, defend the common- boTrowmoney 
wealth, or to assist the United States in case of war, and p°Jrposes'° 
may also borrow money in anticipation of receipts from taxes 
or other sources, such loan to be paid out of the revenue of 
the year in which it is created. 

Art. 114. In addition to the loans which may be con- Two-thirds yea 
tracted as before provided, the commonwealth may borrow gene^uourt °^ 
money only by a vote, taken by the yeas and nays, of two- Low^m*oney, 
thirds of each house of the general court present and vot- ^^'^■ 
ing thereon. The governor shall recommend to the general 
court the term for which any loan shall be contracted. 

Art. 115. Borrowed money shall not be expended for Expenditure of 
any other purpose than that for which it was borrowefl or mJney'^'^ 
for the reduction or discharge of the principal of the loan. i^Jted. 

THE EXECUTIVE DEPARTMENT. 
THE GOVERNOR. 

Art. 116. There shall be a supreme executive magistrate, Governor. 
who shall be styled The Governor of the Commonwealth His title. 
OF Massachusetts; and whose title shall be His Excel- 
lency. 

Art. 117. The governor shall be chosen biennially; and bi^nniaii°^®'* 
no person shall be eligible to this office, unless, at the time Qualifications. 
of his election, he shall have been an inhabitant of this 
commonwealth for seven years next preceding. 

Art. 118. Those persons who shall be qualified to vote By whom 
for senators and representatives within the several towns of he^h^'a^ 



140 



CONSTITUTION OF THE COMMONWEALTH 



plurality of 
votes. 



Transmission 
of votes, etc. 



How chosen, 
when no person 
has a plurality. 



Power of gov- 
ernor, and of 
governor and 
council. 



May adjourn 
or prorogue the 
general court 
upon request, 
and convene 
the same, etc. 



this commonwealth shall, at a meeting to be called for that 
purpose, on the Tuesday next after the first Monday in 
November biennially, give in their votes for a governor, 
to the selectmen, who shall preside at such meetings; and 
the town clerk, in the presence and with the assistance 
of the selectmen, shall, in open town meeting, sort and 
count the votes, and form a list of the persons voted for, 
with the number of votes for each person against his name; 
and shall make a fair record of the same in the town books, 
and a public declaration thereof in the said meeting; and 
shall, in the presence of the inhabitants, seal up copies of such 
list, attested by him and the selectmen, and transmit the same 
to the sheriff of the county, thirty days at least before the 
first Wednesday in January; and the sheriff shall transmit 
the same to the secretary's office, seventeen days at least 
before such first Wednesday in January; or the selectmen 
may cause returns of the same to be made to the office of 
the secretary of the commonwealth, se\'enteen days at least 
before such day; and the secretary shall lay the sani/e before 
the senate and the house of representatives on the first 
Wednesday in Januar}"-, to be by them examined; and the 
person having the highest nmnber of votes shall be deemed 
and declared to be elected, but if no person shall have been 
so elected, the house of representatives on the first Wednes- 
day in January shall, by ballot, elect two out of four persons 
who had the highest number of votes, if so many shall have 
been voted for; but, if otherwise, 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. 

Art. 119. The governor shall have authority, from time 
to time, at his discretion, to assemble and call together the 
councillors of this commonwealth for the time 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 com- 
monwealth, agreeably to the constitution and the laws of the 
land. 

Art. 120. The governor, with the advice of the council, 
shall have full power and authority, during the session of the 
general court, to adjourn or prorogue the same to any time 
the two houses shall desire; and, 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 



OF MASSACHUSETTS — REARRANGEMENT. 141 

than the time to which it may be adjourned or prorogued, if 
the welfare of the commonwealth shall require the same; 
and in case of any infectious distemper prevailing in the 
place where the general court is next at any time to convene, 
or any other cause happening, whereby danger may arise to 
the health or lives of the members from their attendance, he 
may direct the session to be held at some other, the most 
convenient place within the state. 

Art. 121. In cases of disagreement between the two Governor and 
houses, with regard to the necessity, expediency, or time of adjourn the 
adjournment or prorogation, the governor, with the advice fn'cases.^etc., 
of the council, shall have a right to adjourn or prorogue the I'ngn'inlty d^ays. 
general court, not exceeding ninety days, as he shall deter- 
mine the public good shall require. 

Art. 122. The power of pardoning offences, except such ^°nc^i"ma^'''^ 
as persons may be convicted of before the senate by an im- pardon offences, 
peachment of the house, shall be in the governor, by and with 
the advice of the council; but no charter of pardon, granted ^on'V?c°tion'!^°'^^ 
by the governor, with the advice of the coimcil before con- 
viction, shall avail the party pleading the same, notwith- 
standing any general or particular expressions contained 
therein, descriptive of the offence or offences intended to be 
pardoned. 

Art. 12,3. All judicial officers, the solicitor-general, and cer'i!''itL?how 
coroners, shall be nominated and appointed by the governor, nominated and 

1 I'll 1 • 1 p Ml appointed. 

by and with the advice and consent or the council; and every 
such nomination shall be made by the governor, and made 
at least seven days prior to such appointment. 

Notaries public shall be appointed by the governor in the Notaries public, 
same manner as judicial officers are appointed, and shall hold °^ ^ppom 
their offices during seven years. Women shall be eligible to Women 
appointment as notaries public. Change of name shall render ^ '^' ®' ^*''' 
the commission void, but shall not prevent reappointment 
under the new name. The governor, with the consent of the Removal from 
council, may remove justices of the peace and notaries public. °*°®' 

Art. 124. All commissions shall be in the name of the Commissions, 
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. The tenure, to express 
that all commissioned officers shall by law have in their coSl'mis°ioned 
offices, shall be expressed in their respective commissions. officers. 

Art. 125. All money received on account of the com- Collection of 
monwealth from any source whatsoever shall be paid into '■'*'''^'^"®- 
the treasury thereof. 



142 



CONSTITUTION OP THE COMMONWEALTH 



Money, how 
drawn from 
the treasury, 
except, etc. 



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



Boards, etc., to 
send governor 
despatches, 
etc., of a 
public nature. 



Salary of 
governor. 



Salaries of 
justices of 
supreme 
judicial court. 
General court 
may enlarge 
certain salaries 
if insufficient. 



No moneys shall be issued out of the treasury of this com- 
monwealth, and disposed of (except such sums as may be 
appropriated for the redemption of bills of credit or treas- 
urer'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 commonwealth; and 
for the protection and preservation of the inhabitants thereof, 
agreeably to the acts and resolves of the general court. 

Art. 126. All public boards, the commissary-general, all 
superintending officers of public magazines and stores, be- 
longing to this commonwealth, and all commanding officers 
of forts and garrisons within the same, shall once in every 
three months, officially, and without requisition, and at 
other times, when required by the governor, deliver to him 
an account of all goods, stores, prox-isions. ammunition, 
cannon with their appendages, and small arms with their 
accoutrements, and of all other public property whatever 
under their care respectively; distinguishing the quantity, 
number, quality and kind of each, as particularly as may be; 
together with the condition of such forts and garrisons; and 
the said commanding officer shall exhibit to the governor, 
when required by him, true and exact plans of such forts, 
and of the land and sea or harbor or harbors, adjacent. 

And the said boards, and all public officers, shall communi- 
cate to the governor, as soon as may be after recei\nng the 
same, all letters, despatches, and intelligences of a public 
nature, which shall be directed to them respectively. 

Art. 127. As the public good requires that the governor 
should not be under the undue influence of any of the mem- 
bers of the general court by a dependence on them for his 
support, that he should iir all cases act with freedom 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 common- 
wealth in the character of its chief magistrate, it is neces- 
sary that he should have an honorable stated salary, of a 
fixed and permanent value, amply sufficient for those pur- 
poses, and established by standing laws. 

Permanent and honorable salaries shall also be estab- 
lished by law for the justices of the supreme judicial court. 

And if it shall be fomid that any of the salaries aforesaid, 
so established, are insufficient, they shall, from time to time, 
be enlarged, as the general court shall judge proper. 



OF MASSACHUSETTS — REARRANGEMENT. 143 



THE LIEUTENANT-GOVERNOR. 

Art. 128. There shall be biennially elected a lieutenant- Lieutenant- 
governor of the commonwealth of Massachusetts, whose title and' 
title shall be His Honor; and who shall be qualified, in ^^'»'ifi«^^i<"^- 
point of residence in the commonwealth, in the same manner 
with the governor; and the day and manner of his election, Election in 
and the qualifications of the electors, shall be the same as go^e^r^r""" ^ 
are required in the election of a governor. The return of the 
votes for this officer, and the declaration of his election, 
shall be in the same manner; and if no one person shall be How chosen, 
found to have the highest number of all the votes returned, has a plurality. 
the vacancy shall be filled by the senate and house of rep- 
resentatives, in the same manner as the governor is to be 
elected, in case no person shall have the highest number of 
the votes of the people to be governor. 

Art. 129. The governor, and in his absence the lieuten- President of 
ant-governor, shall be president of the council, but shall Lieutenant- 
have no vote in council; and the lieutenant-governor shall mJmblTo'f. 
always be a member of the council, except when the chair ex<=ept. etc. 
of the governor shall be vacant. 

Art. 130. Whenever the chair of the governor shall be Lieutenant- 
vacant, by reason of his death, or absence from the com- act^ing^govemor, 
monwealth, or otherwise, the lieutenant-governor, for the ^"^ °^®' ^^^' 
time being, shall, during such vacancy, perform all the 
duties incumbent upon the governor, and shall have and 
exercise all the powers and authorities, which by this con- 
stitution the governor is vested wdth, when personally present. 

THE COUNCIL. 

Art. 131. There shall be a council for advising the gov- The council 
ernor in the executive part of the government, to consist of governor *^ ^ 
eight persons besides the lieutenant-governor, whom the gov- number, etc. 
ernor, for the time being, shall have full power and author- 
ity, from time to time, at his discretion, to assemble and call 
together; 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, according to the laws of the land. 

Art. 132. Eight councillors shall be biennially chosen by Eight coun- 
the inhabitants of this commonwealth, qualified to vote for chosen bien- 
governor. The election of councillors shall be determined by p^pie!'^ **^^ 
the same rule that is required in the election of governor. 



144 



CONSTITUTION OF THE COMMONWEALTH 



Eligibility 
defined. 



Day and 
manner of 
election, etc. 



Vacancies in 
the council, 
how filled. 



Organization 
of the gov- 
ernment. 



Secretary's 
duties, etc. 



Rank of 
councillors. 



Register 
of council. 



The general court, at Its first session after each decennial 
state census, shall di\'ide the commonwealth into eight dis- 
tricts of contiguous territory, each of which districts shall 
consist of five contiguous senatorial districts, as they shall 
be, from time to time, established by the general court, and 
each of such eight districts containing a number of inhab- 
itants as nearly equal as practicable, without di^'iding any 
town or ward of a city, and each entitled to elect one coun- 
cillor. No person shall be eligible to the office of councillor 
who has not been an inhabitant of the commonwealth for the 
term of five years immediately preceding his election. The 
day and manner of the election, the return of the votes, and 
the declaration of the elections, shall be the same as are re- 
quired in the election of governor. 

Art. 133. In case of a vacancy in the council, from a 
failure 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 
occurs, to fill that office. If such vacancy shall happen when 
the legislature is not in session, the governor, with the ad- 
Adce and consent of the council, may fill the same by appoint- 
ment of some eligible person. 

Art. 134. And that there may be no delay in the organ- 
ization of the government on the first Wednesday in Janu- 
ary, the governor, with at least five councillors for the time 
being, shall biennially, as soon as may be, examine the re- 
turned copies of the records for the election of governor, 
lieutenant-governor, and councillors; and ten days before 
such first Wednesday in January he shall issue his simimons 
to such persons as appear to be chosen, to attend on that day 
to be qualified accordingly; and the secretary shall lay the 
returns before the senate and house of representatives on 
such first Wednesday in January, to be by them examined; 
and in case of the election of either of such officers, the choice 
shall be by them declared and published; but in case there 
shall be no election of either of such officers, the legislature 
shall proceed to fill such vacancies in the manner provided 
in the constitution for the choice of such officers. 

Art. 135. The councillors, in the civil arrangements of 
the commonwealth, shall have rank next after the lieutenant- 
governor. 

Art. 136. The resolutions and ad^^ce of the council shall 
be recorded in a register, and signed by the members pres- 
ent^ and this record may be called for at any time by either 



OF MASSACHUSETTS — REARRANGEMENT. 145 

house of the legislature; and any member of the council may- 
insert his opinion, contrary to the resolution of the majority. 

Art. 137. Whenever the offices of governor and lieu- Order of 
tenant-governor shall both be vacant, by reason of death, officfor"*" 
absence from the commonwealth, or otherwise, then one of fn^'^^^oi ^**'' 
the following officers, in the order of succession herein named, vacancy. 
namely, the secretary, attorney-general, treasurer, and audi- 
tor, shall, during such vacancy, have full power and author- 
ity to do and execute all and every such acts, matters and 
things as the governor or the lieutenant-governor might 
or could lawfully do or execute, if they, or either of them, 
were personally present. 



SECRETARY. TREASURER. AUDITOR. ATTORNEY- 
GENERAL. 

Art. 138. The secretary, treasurer, auditor, and at- secretary, 
torney-general, shall be chosen biennially, on the Tuesday au^dfto^and 
next after the first Monday in November; and each person 11^°^^^^^^ ^g 
then chosen as such, duly qualified in other respects, shall eiec^ted 
hold his office for the term of two years from the third the people. 
Wednesday in January next thereafter, and until another is 
chosen and qualified in his stead. The quaHfication of the Qualifications 
voters, the manner of the election, the return of the votes, manner^of 
and the declaration of the election, shall be such as are re- fo^be such^as' 
quired in the election of governor. In case of a failure to elect eilcJ g'Jjvernor" 
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 such office on the 
day in November aforesaid, by joint ballot of the senators 
and representatives, in one room; and in case the office of Vacancies. 

^ ' ,. ' how filled. 

secretary, or treasurer, or auditor, or attorney-general, shall 
become vacant, 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 consent 
of the council. The person so chosen or appointed, duly 
qualified in other respects, shall hold his office until his suc- 
cessor is chosen and duly qualified in his stead. In case any To qualify 
person chosen or appointed to either of the offices aforesaid, days! otherwise 
shall neglect, for the space of ten days after he could other- deemed* vacant. 



146 



CONSTITUTION OF THE COMMONWEALTH 



Qualification 

requisite. 



Treasurer ineli- 
gible for more 
than three suc- 
cessive terms. 
Secretary to 
keep records; 
to attend the 
governor and 
council, etc. 



wise enter upon his duties, to qualify himself in all respects to 
enter upon the discharge of such duties, the oflBce to which 
he has been elected or appointed shall be deemed vacant. 
No person shall be eligible to either of such offices unless he 
shall have been an inhabitant of this commonwealth five 
years next preceding his election or appointment. 

No person shall be eligible to election to the office of 
treasurer for more than three successive terms. 

Art. 139. The records of the commonwealth shall be 
kept in the office of the secretary, 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. 



Judicial 
officers to hold 
office during 
good behavior, 
except, etc. 



Retirement 
because of 
advanced age, 
etc. 



Justices of the 
peace; tenure 
of their office. 



Provisions 
for holding 
probate courts. 



THE JUDICIAL DEPARTMENT. 

Art. 140. All judicial officers, duly appointed, commis- 
sioned and sworn, shall hold their offices during good be- 
haxdor, excepting such concerning whom there is different 
provision made in this constitution: pro\dded, nevertheless, 
the governor, A^ith consent of the comicil, may remove them 
upon the address of both houses of the legislature; and pro- 
vided also that the governor, Mith the consent of the council, 
may after due notice and hearing retire them because of 
advanced age or mental or physical disability. Such retire- 
ment shall be subject to any pro\isions made by law as to 
pensions or allowances payable to such officers upon their 
voluntary retirement. 

Art. 141, In order that the people may not suffer from 
the long continuance in place of any justice of the peace who 
shall fail of discharging the important duties of his office 
\nth ability or fideUty, all commissions of justices of the 
peace shall expire and become void, in the term of seven 
years from their respective dates; and, upon the expiration 
of any commission, the same may, if necessary, be renewed 
or another person appointed, as shall most conduce to the 
well-being of the commonwealth. 

Art. 142. The judges of probate of mils, and for grant- 
ing letters of administration, shall hold their courts at such 
place or places, on fixed days, as the convenience of the 
people shall require; and the legislature shall, from time to 
time, hereafter, appoint such times and places. 



OF MASSACHUSETTS — REARRANGEMENT. 147 

Art. 143. All causes of marriage, divorce, and alimony, Marriage. 
and all appeals from the judges of probate, shall be heard aUmony!'"'^ 
and determined by the governor and council, until the leg- other provi- 
islature shall, by law, make other provision. fl^"^ """"^^ ^^ 

Art. 144. All writs, issuing out of the clerk's office in Provisions 
any of the courts of law, shall be in the name of the Com- wrltl? '°^ 
monwealth 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 they shall be returnable, 
who is not a party, and be signed by the clerk of such court. 

Art. 145. All the laws which have heretofore been Continuation 
adopted, used, and approved in the ProAnnce, Colony, or except, etc. 
State of Massachusetts Bay, and usually, practised on in the 
courts of law, shall still remain and be in full force, until 
altered or repealed by the legislature, such parts only ex- 
cepted as are repugnant to the rights and liberties contained 
in this constitution. 

Art. 146. Each branch of the legislature, as well as the justices of 
governor and council, shall have authority to require the judfdTi^court 
opinions of the justices of the supreme judicial court, upon ionl'whX"' 
important questions of law, and upon solemn occasions. required. 



THE MILITIA. 

Art. 147. The general court shall provide by law for the Military and 
recruitment, equipment, organization, training and disci- °eMui/me^,' 
pline of the military and naval forces. The governor shall «*•=• 
be the commander-in-chief thereof, and shall have power to 
assemble the whole or any part of them for training, instruc- 
tion or parade, and to employ them for the suppression of 
rebellion, the repelling of invasion, and the enforcement of 
the laws. He may, as authorized by the general court, pre- 
scribe from time to time the organization of the military and 
naval forces and make regulations for their government. 

Art. 148. All military and naval officers shall be selected nalaf officera. 
and appointed and may be removed in such manner as the and r'^e^oved^ 
general court may by law prescribe, but no such officer shall ^^'^■ 
be appointed unless he shall have passed an examination 
prepared by a competent commission or shall have served 
one year in either the federal or state militia or in military 
service. All such officers who are entitled by law to receive Governor 
commissions shall be commissioned by the governor. c^m^Lions. 



148 



CONSTITUTION OF THE COMMONWEALTH 



Oaths to be 
taken by all 
civil and 
military 
officers. 



Proviso. 
Persons declin- 
ing to take 
oaths, shall 
make affir- 
mation. 



Tests 
abolished. 



Oaths and 
affirmations, 
how admin- 
istered. 



Plurality 
of offices 
prohibited to 
governor, etc., 
except, etc. 



OATHS OF OFFICE. INCOMPATIBLE OFFICES. DIS- 
QUALIFICATIONS FOR OFFICE. 

Art. 149. The following oaths shall be taken and sub- 
scribed by every person chosen or appointed to any office, 
civil or military, under the government of this common- 
wealth, before he shall enter on the duties of his office, to vnt: 

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

"I, A. B., do solemnly swear and affirm, that I wall faith- 
fully and impartially discharge and perform all the duties 
incumbent on me as , according to the 

best of my abilities and understanding, agreeably to the 
rules and regulations of tlie constitution and the laws of 
the commonwealth. So help me, God." 

ProNaded, that when any person shall decline taking such 
oaths, he shall make his affirmation in the foregoing forms, 
omitting the word "swear" in the first oath, and inserting, 
instead thereof, the word "affirm", and omitting the words 
"swear and" in the second oath, and omitting the words 
"So help me, God", in each oath, and subjoining, instead 
thereof, the words "This I do under the pains and penalties 
of perjury." 

No oath, declaration, or subscription, excepting the above 
oaths, shall be required of the governor, lieutenant-governor, 
councillors, senators, or representatives, to qualify them for 
the duties of their respective offices. 

The said oaths or affirmations shall be taken and subscribed 
by the governor, lieutenant-governor and councillors, before 
the president of the senate, in the presence of the two houses 
of the legislature; and by the senators and representatives 
before the governor and council for the time being; and by 
the residue of the officers aforesaid, before such persons and 
in such manner as from time to time shall be prescribed by 
the legislature. 

Art. 150. No governor, lieutenant-governor, or judge 
of the supreme judicial court, shall hold any other office 
or place, under the authority of this commonwealth, except 
such as by this constitution they are admitted to hold, sa\dng 
that the judges of such court may hold the office of justice 
of the peace through the state; nor shall they hold any other 
place or office, or receive any pension or salary from anj' 
other state or government or power whatever. 



OF MASSACHUSETTS — REARRANGEMENT. 149 

No person shall be capable of holding or exercising at the Same subject. 
same time, within this commonwealth, more than one of the 
following offices, namely: judge of probate, sheriff, register 
of probate, or register of deeds; and never more than any 
two offices, which are to be held by appointment of the gov- 
ernor, or the governor and council, or the senate, or the 
house of representatives, or by the election of the people of 
the state at large, or of the people of smy county, military 
offices, and the offices of justices of the peace excepted, shall 
be held by one person. 

No person holding the office of judge of the supreme ju- incompatible 
dicial court, secretary, attorney-general, solicitor-general, °®°^^- 
treasurer, judge of probate, commissary-general, sheriff, 
clerk of the house of representatives, register of probate, reg- 
ister of deeds, clerk of the supreme judicial court, or clerk of 
the inferior court of common pleas, shall at the same time 
have a seat in the senate or house of representatives; but 
their being chosen or appointed to, and accepting 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 incompatible 
said supreme judicial court, or judge of probate, shall accept ° ^^^' 
a seat in the coimcil; or any councillor shall accept of either 
of those offices or places. 

Art. 151. And no person shall ever be admitted to hold Bribery etc., 

1 1 rr> p • disqualify. 

a seat in the general court, or any orface or trust or importance 
under the government of this commonwealth, who shall, 
in due course of law, have been convicted of bribery or cor- 
ruption in obtaining an election or appointment. 

Art. 152. No judge of any court of this commonwealth, incompatible 
(except the court of sessions) and no person holding any office 
under the authority of the United States, (postmasters ex- 
cepted) shall, at the same time, hold the office of governor, 
lieutenant-governor, or comicillor, or have a seat in the sen- 
ate or house of representatives of this commonwealth; and 
no judge of any court in this commonwealth, (except the 
court of sessions) nor the attorney-general, solicitor-general, 
district attorney, clerk of any court, sheriff, treasurer, reg- 
ister of probate, nor register of deeds, shall continue to hold 
such office after being elected a member of the Congress of 
the United States, and accepting that trust; but the accept- 
ance of such trust, by any of the officers aforesaid, shall be 
deemed and taken to be a resignation of such office; and 



150 



CONSTITUTION OP THE COMMONWEALTH 



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. 



Harvard 
College. 



Powers, 
privileges, etc., 
of the president 
and fellows, 
confirmed. 



All gifts, 
grants, etc., 
confirmed. 



Power of 
alteration 
reserved to the 
general com-t. 



THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGE- 
MENT OF LITERATURE. 

Art. 153. Whereas our wise and pious ancestors, so early 
as the year one thousand six hundred and thirty-six, laid 
the foundation of Harvard College, in which university many 
persons of great eminence have, by the blessing of God, 
been initiated in those arts and sciences which qualified them 
for public employments, both in church and state; and 
whereas the encouragement 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 Harvard College, in their corporate 
capacity, and their successors in that capacity, their officers 
and servants, 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 to 
have, hold, use, exercise, and enjoy; and the same are hereby 
ratified and confirmed unto them, the said president and 
fellows of Harvard College, and to their successors, and to 
their officers and servants, respectively, forever. 

Art. 154. And whereas there have been at smidry times, 
by divers persons, gifts, grants, devises of houses, lands, 
tenements, goods, chattels, legacies, and conveyances, here- 
tofore made, either to Harvard College in Cambridge, in 
New England, or to the president and fellows of Harvard 
College, or to the said college by some other description, 
under several charters, successively; it is declared, that all 
the said gifts, grants, devises, legacies, and conveyances, are 
hereby forever confirmed unto the president and fellows of 
Harvard College, and to their successors in the capacity 
aforesaid, according to the true intent and meaning of the 
donor or donors, grantor or grantors, devisor or devisors. 

Art. 155. Nothing herein shall be construed to prevent 
the general court of this commonwealth from making such 
alterations in the government of the said university, as shall 
be conducive to its advantage, and the interest of the re- 
public of letters, in as full a manner as might have been done 



OF MASSACHUSETTS — REARRANGEMENT. 151 

by the general court under the pro\isions of the constitution 
adopted in seventeen hundred and eighty. 

Art. 156. Wisdom and knowledge, as well as virtue, dif- Duty of 
fused generally among the body of the people, being neces- and^mSrates 
sary for the preservation of their rights and liberties; and p°eriods!*^^"^^ 
as these depend on spreading the opportunities and advan- 
tages of education in the various parts of the comitry, and 
among the different orders of the people, it shall be the duty 
of legislatures and magistrates, in all future periods of this 
commonwealth, to cherish the interests of literature and 
the sciences, and all seminaries of them; especially the uni- 
versity at Cambridge, public schools and grammar schools 
in the towns; to encourage private societies and public 
institutions, rewards and immunities,- for the promotion of 
agriculture, arts, sciences, commerce, trades, manufactures, 
and a natural history of the country; to countenance and 
inculcate the principles of humanity and general benevolence, 
public and private charity, industry and frugality, honesty 
and punctuahty in their dealings; sincerity, good humor, 
and all social affections, and generous sentiments, among the 
people. 

CONTINUANCE AND ENROLLMENT. 

Art. 157. Upon the ratification and adoption by the This rean-ange- 
people of this rearrangement of the existing constitution and exfsting con- 
the amendments thereto, the constitution shall be deemed to Ip^p^r in^aii 
and taken to be so rearranged and shall appear in such uo^ thw^f!^' 
rearranged form in all future publications thereof. Such Not to be 
rearrangement shall not be deemed or taken to change the cha™g^e m^an- 
meaning or effect of any part of the constitution or its exfstfng ' °^ 
amendments as theretofore existing or operative. constitution. 

Art. 158. This form of government shall be enrolled on provision for 
parclmient, and deposited in the secretary's office, and be a ^{^bitshing the 
part of the laws of the land; and printed copies thereof shall constitution. 
be prefixed to the book containing the laws of this common- 
wealth, in all future editions of such laws. 



Index to the Reaeeangement of the 
Constitution. 



Index to the Eearrangement of the Constitution. 



-A. . PAGE 

Abatements, exemptions, etc., from tax on income, may be granted by- 
general court, .......... 126 

Abolition, etc., of courts, not to be subject of initiative or referendum pe- 
tition, 129 

Absent voting, general court to have power to provide for, . . . .117 

Abuses, arising from circulating petitions for hire or reward, under initiative 

and referendum, to be regulated by the general court, . . . 136 

Act of incorporation, every, shall forever remain subject to revocation and 

amendment, .......... 128 

Acts and resolves of the general court, provision for submission of, to the 

people on referendum, etc., ....... 134, 135 

Address of both houses of the legislature, judicial officers may be removed by 

governor with consent of council upon, ..... 146 

Adjournment, of separate houses of general court, .... 122, 124 

of the general court, . . . . . . . . . .118 

Administrative work of the commonwealth, organization of, into not more 

than twenty departments, . . . . . . . .128 

Advertising on public ways, etc., may be restricted, etc., .... 128 

Affirmations, instead of the required oaths, may be made by persons declining 

to take oaths, .......... 148 

forms of, for civil and military officers, to be set forth by the general court, 125 
may be administered by courts and judicatories, .... 125 

Agricultural resources, conservation of, ...... . 127 

Agriculture, arts, commerce, etc., to be encouraged, ..... 151 

Alimony, divorce, etc., causes of, by whom heard and determined, . . 147 

Allegiance, oaths and affirmations of, ....... 148 

Allowances or pensions, retirement of judicial officers on, .... 146 

Alternative and conflicting measures, in popular legislation at one election, . 133 
Amendment and revocation of charters, franchises and acts of incorpora- 
tion, 128 

Amendment to the constitution, under initiative and referendum, to be con- 
sidered in joint session, etc., and form thereof, .... 131 

Ancient landmarks, preservation of, . . . . . . . . 128 

Anti-aid amendment, so-called, . . . . . . . .110 

no initiative petition allowed against, ...... 129 

loan of pubhc credit restricted by, ....... Ill 

commonwealth's credit not to be given for private purposes, . . 139 

Antiquarian interest, property of, preservation of, .... . 128 

Appointments by the governor, . , , , , , 141,144,145 



156 INDEX TO THE CONSTITUTION— REARRANGEMENT. 



Apportionment of councillors, . . ' . 144 

state to be divided into eight districts, ...... 144 

Apportionment of senators, ......... 120 

on basis of legal voters, and state to be divided into forty districts, . 120 

Apportionment of representatives, ........ 122 

to the several counties, made on the basis of legal voters, . . .122 

Appropriation of money from treasury for certain purposes, to be excluded 

from proposal by initiative or referendum petition, . . 129, 134 

Appropriation bill, the general, to be based upon the budget, etc., . . 138 

Appropriation bills, special, may be enacted after final action on general appro- 
priation bill, .......... 138 

Appropriations, origin of money bills, ....... 124 

no initiative or referendum petitions on, ..... 129, 134 

budget and regulation of money bills, ..... 138, 139 

Arguments for and against measures under the initiative and referendum to 

be sent the voters by the secretary of the commonwealth, . . 137 

Armies, dangerous to liberty, and not to be maintained without consent of 

the legislature, . . . . . . . . . .114 

115 
114 



no quartering of troops, unless, ....... 

Arms, right of people to keep and to bear, for public defence. 

Arrest, members of house of representatives exempted from, on mesne process, 

while going to, returning from, or attending the general assembly, . 124 
Arrest, search and seizure, right of, regulated, . . . . . .114 

warrant to contain special designation, . . . . . .114 

Arts, commerce and agriculture, to be encouraged, ..... 151 

Assembly, peaceable, the right of, . . . . . . . .114 

not a subject for initiative or referendum petition, .... 129 

Assembly of general court, frequent, . . . . . . .115 

Association or corporation, private, not to be given credit of the common- 
wealth, ........... 139 

Attorney-general, to be chosen by the people biennially in November, begin- 
ning in 1920, 117, 145 

to hold office for two j^ears from third Wednesday in January next there- 
after, and until another is chosen and qualified, . . . . 145 

not to be a legislator or congressman, ...... 149 

election determined by legislature, ....... 145 

in failure of election by the voters, or in case of decease of person elected, 
vacancy to be filled by joint ballot of legislature from the two per- 
sons having the highest number of votes, at November election, . 145 
vacancy occurring during session of the legislature filled by joint ballot 

of legislature from the people at large, ...... 145 

vacancy occurring during recess of legislature filled by governor by 

appointment, with consent of council, ...... 145 

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

election or appointment, ........ 146 

office to be deemed vacant if person elected or appointed fails to be quali- 
fied within ten days, . . . • . . . . . .145 

qualifications requisite, ......... 145 



INDEX TO THE CONSTITUTION— REARRANGEMENT. 157 



Attorney-general, initiative petition, etc., to be submitted to, . . 129, 132 

description on ballot under initiative and referendum to be determined by, 137 
to exercise powers of governor and lieutenant-governor in succession 

when both offices are vacant, ....... 145 

Attorneys, district, elected by the people of the several districts, . . . 125 
Auditor, to be chosen by the people biennially in November, beginning in 

1920, 117, 145 

to hold office for two years from third Wednesday in January next there- 
after, and until another is chosen and qualified, .... 145 

election determined by legislature, ....... 145 

vacancy filled in same manner as in office of attorney-general, . . 145 
not eligible, unless an inhabitant of the state for five years next preceding 

election, ........... 146 

office to be deemed vacant if person elected or appointed fails to be quali- 
fied within ten days, ......... 145 

qualifications requisite, ......... 145 

to exercise powers of governor and lieutenant-governor in succession 

when both offices are vacant, ....... 145 

B. 

Bail, or sureties, excessive, not to be required, . . . . .115 

protection from unreasonable, not a subject for initiative or referendum 

petition, ........... 129 

Ballot, voting by, and voting machines, ...... 117,123 

form for popular legislation and vote on constitutional amendment, 137 

Ballots cast at state election, number of negative votes required to disapprove 

law submitted to the people, . . . . . . 132, 136 

Biennial election of senators, representatives and certain state officers to 

begin in November, 1920, 117, 145 

Bill, the general appropriation, to be based upon the budget, etc., . . 138 

Bill appropriating money, governor may disapprove or reduce items or parts 

of items in, . . . . . . . . . .138 

Bill of rights, declaration of , ........ 110-116 

certain individual rights not to be subject of initiative petition, . . 129 

Bills, money, to originate in the house of representatives, .... 124 

Bills, special appropriation, may be enacted after final action on general 

appropriation bill, ......... 138 

Bills and resolves, to be laid before governor for revisal, . . . .119 

to have force of law if signed by governor, . . . . . .119 

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, . . . . . .119 

if not returned by governor within five days after presentation, to have 

force of law, unless the legislature adj ourns before that time expires, . 119 
may be returned to general court by governor recommending amendment, 119 
provision for submission of, to the people on referendum, . . 128, 134 

Blind, the deaf, dumb or, privately controlled hospitals, etc., for, may be 

compensated for the care and support of such persons, . . . Ill 



158 INDEX TO THE CONSTITUTION— REARRANGEMENT. 



PAGE 



Boards, public, to make quarterly reports to the governor, .... 142 
Boards and commissions, organized into not more than twenty departments, 128 
Body politic, formation and nature of, . . . . . .109 

title of : The Commonwealth of Massachusetts, . . . . .110 

Borrowed monej^ expenditure of, limited, . . . .139 

Bribery or corruption used in procuring an appointment or election, to dis- 
qualify from holding any office of trust, etc., .... 149 
Budget, governor to recommend, to general court, . . . . .138 

provision for supplementary, ........ 138 

Buildings may be limited for use, etc., to specified districts of cities and 

towns, ........... 128 

By-laws of municipal government, may be annulled by the general court, 127 

c. 

Census, of legal voters, .......... 120 

of inhabitants, ........... 120 

of inhabitants and legal voters taken in the year 1925, and every tenth 

year thereafter, .......... 120 

enumeration of voters to determine the apportionment of representatives, 122 
Change of name by women notaries public renders commission void, but 

reappointment may be made under new name, etc., . . . 141 

Change of residence not to disqualify voter until six months from time of 

removal, etc., .......... 117 

Charitable, institution, etc., publicly controlled, not to deprive an inmate 

of the opportunity of religious exercises of his own faith, . . 112 

undertaking, not under exclusive public control, etc., grant of public 

money forbidden to, . . . . . . . . .111 

Charters, etc., shall forever remain subject to revocation and amendment, . 128 
Church, appropriation of public money, etc., not to be made to found any, . Ill 
Circulation of certain petitions under initiative and referendum to be regu- 
lated by the general court, ........ 136 

Cities, may be chartered by the general court, if containing twelve thousand 

inhabitants and consented to by a majority thereof, . . .126 

Cities and towns not to aid certain schools, educational, charitable, religious 

or other institutions with moneys raised by taxation, . . . Ill 

may limit buildings for use, etc., to specified districts, .... 128 

may take ancient landmarks.^or public use, ..... 128 

Cities and towns, etc., to provide food and shelter during time of war, etc., . 127 
Citizens, homes for, general court empowered to take land for relieving con- 
gestion of population and providing, . .127 
City, etc., law restricted to a particular, to be excluded from proposal by 

initiative or referendum petition, ..... 129, 134 

City government, number of inhabitants required to erect, .... 126 

Civil cases, right to trial by jury, . . . . . . . .114 

Civil officers, state, meeting for election to be held biennially on the Tuesday 

next after the first Monday in November, . .117, 145 

whose election is provided for by the constitution to be elected by a 

pluraUty of votes, . . . . . . . . .117 



INDEX TO THE CONSTITUTION— REARRANGEMENT. 159 



Clerk of house of representatives not to be legislator, .... 149 

Clerks of courts, elected by the people of the several counties, . . . 125 

incompatible offices, ... ....... 149 

Clerks of towns to make records and returns of elections, . . . .121 

Cohasset, town of, in Norfolk county, to be considered part of Plymouth 

county for representative apportionment, ..... 122 

Collection of revenue into the treasury, ....... 141 

College, not publicly owned, etc., grant of public money forbidden to, . . Ill 

Colonial laws, not repugnant to the constitution, continued in force, . . 147 

Commander-in-chief, governor to be, ....... 147 

Commerce, agriculture and the arts, to be encouraged, .... 151 

Commissioned officers, tenure of office to be expressed in commissions, . . 141 

Commission to prepare examinations for military and naval officers, . . 147 
Commissions, to be in the name of the commonwealth, signed by governor, 

attested by the secretary, and have the great seal affixed, . . 141 

to military and naval officers, by the governor, ..... 147 

recess committees or, members of general court not to receive salary 

for service upon, except, etc., . . . . . . .118 

Common pleas, judges of the courts of, restriction on office holding by, . 150 
Commonwealth, not to aid certain schools, educational, charitable, religious 

or other institutions with moneys raised by taxation, except, etc., Ill 
not to give credit to aid any individual, private association or private 

corporation, .......... 139 

to provide food and shelter during time of war, etc., .... 127 

law operative in particular districts, etc., of the, to be excluded from 

proposal by initiative or referendum petition, . . . 129, 134 

may take ancient landmarks, etc., for public use, . . • . . 128 

may borrow money to repel invasion, etc., ...... 139 

Compact of government, ......... 109, 110 

Compensation, additional, not to be paid members of general court for service 

upon recess committees, except, etc., ...... 118 

Compulsory voting, general court to have authority to provide for, . . 117 

Confficting and alternative measures in popular legislation at one election, . 133 

of constitutional amendments at one election, ..... 133 

Congestion of population, etc., general court empowered to authorize the 

taking of land for relieving, ....... 127 

Congress, members of, may not hold certain state offices, .... 149 

state officers not to be members of, ...... . 149 

Conservation, of certain natural resources of the commonwealth, . . . 127 

of wild and forest lands, ......... 127 

Constitution, amendment to, specified number of voters may submit, . 131 
to be enrolled on parchment, deposited in secretary's office, and printed 

in all editions of the laws, . . . . . . ... 151 

rules governing initiative petitions for, . . . . . 128-130 

matters excluded from initiative petition for, .... 128, 129 

legislative substitute for, . . . . . . . . . 1 30 

introduction into the general court by initiative petition of proposal for, 130 
procedure in general court for, ....... 130-132 



160 INDEX TO THE CONSTITUTION— REARRANGEMENT. 



Constitution, amendment to, submission to the people of, 



PAOB 

131 



conflicting and alternative measures at one election, .... 133 

regulation of signatures to petitions for, ...... 136 

form of ballot, ........... 137 

information for voters, ......... 137 

provisions for, to be self-executing but legislation permitted to facilitate 

their operation, .......... 138 

no part of the, specifically excluding any matter from the operation of 
the initiative and referendum, shall be the subject of an initiative 
petition, ........... 129 

Contents of initiative and referendum petitions, ..... 128 

Contracts, revocation of charters, etc., ....... 128 

Control of certain natural resources of the commonwealth, .... 127 

Coroners, appointment of, ........ . 141 

Corporation, privately owned and managed, not to be given credit of the 

commonwealth, . . . . . . . . . Ill, 139 

Corporations, revocation and amendment of charters, .... 128 

and co-partnerships, general court to provide by law for circulation of 

initiative and referendum petitions for hire or reward by, . .136 

Corrupt practices in elections, relative to the right to vote by persons dis- 
qualified by reason of, . . . . . . . .116 

Corruption or bribery used in procuring any appointment or election to dis- 
qualify from holding any office of trust, etc., .... 149 

Council, five members to constitute a quorum, .... 140, 143, 144 

eight councillors to be elected biennially, beginning in November, 

1920, 117,143 

election to be determined by rule required in that of governor, . . 143 

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

both houses of the legislature, ....... 148 

to rank next after the lieutenant-governor, ...... 144 

resolutions and advice to be recorded in a register, and signed by the mem- 
bers present, .......... 144 

register of council may be called for by either house, .... 144 

incompatible offices, . . . . . .149 

eight districts to be formed, each composed of five contiguous senatorial 

districts, ........... 144 

eligible to election if an inhabitant of state for five years preceding elec- 
tion, ............ 144 

consent of, required to retire judicial officers for certain reasons, . . 146 

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, ..... 144 

officers serving directly under governor or, not to be included in any of 

the twenty departments, ........ 128 

Counties, election of officers in, . . . . . . . .125 

laws restricted to, not subject to initiative or referendum petition, 129, 134 

County, certified signatures on any initiative or referendum petition not to 

exceed one fourth of registered voters in any one, .... 136 



INDEX TO THE CONSTITUTION— REARRANGEMENT. 161 

PAGE 

Court, superior, judges not to hold certain other offices, .... 149 

Court, supreme judicial, judges to have honorable salaries fixed by standing 

laws, and to hold office during good behavior, . . 116,142,146 

judges not to hold certain other offices, ...... 148 

to give opinions upon important questions of law, etc., when required by 

either branch of the legislature or by the governor and council, . 147 
Courts, clerks of, elected by the people of the several counties, . . .125 

Courts, the powers, creation or abolition of, not a subject for initiative or 

referendum petition, ........ 129, 134 

right of access to and protection in the, not subject for initiative petition, 129 
Courts, probate, provisions for holding, . . . . . . .146 

registers elected by the people of the several counties, .... 125 

Courts and judicatories, may be established by the general court, . . 124 

may administer oaths or affirmations, ...... 125 

Credit of the commonwealth not to be given to aid any individual, private 

association or private corporation, etc., .... 111,139 

Credit, public, loan of, not to be authorized to found, etc., any church, religious 

denomination or society, etc., . . . . . . .111 

Crimes and offences, prosecutions for, regulated, . . . . .113 

Crimes to be proved in the vicinity of where they happen, . . . .114 

Criminal law, regulation, . . . . . ■ . . . 113,114,115 

D. 

Deaf, dumb or blind, privately controlled hospitals, etc., for the, may be 

compensated for the care of such persons, . . . . .111 

Debate, freedom of, in the legislature, . . . . . . .115 

Decision, reversal of a judicial, not to be a subject for initiative petition, . 129 
Declaration of the rights of the inhabitants, . . . . . .110 

Declaration of rights, certain rights as declared in the, no measure incon- 
sistent with, shall be proposed by initiative petition, . . . 129 
Declaration and oaths of officers ; tests abolished, . . . . .148 

Definition, etc., of initiative and referendum, ...... 128 

Denomination, religious, appropriation of public money, etc., not to be made 

to found any, . . . . . . . . . .111 

Denominational doctrine, public money not to be granted a school or institu- 
tion wherein is inculcated any, . . .111 
Departments, legislative, executive and judicial, to be kept separate, . .116 
Departments, not more than twenty, to perform executive and administrative 

work of the commonwealth, ....... 128 

Description on ballots under the initiative and referendum to be determined 

by attorney-general, ......... 137 

Development of certain natural resources of the commonwealth, . . .127 

Disbursement of moneys, regulation of, ..... . 138, 142 

Dissolution, recess or adjournment of general court, ..... 118 

Distress, public, etc., commonwealth, cities and towns may provide food, 

other common necessaries of life and shelter during time of, . . 127 

District attorneys, elected by the people of the several districts, . . . 125 

not to be congressmen, . . . . . . . . .149 



162 INDEX TO THE CONSTITUTION— REARRANGEMENT. 



Districts, councillor, eight, each to be composed of five contiguous senatorial 

districts, ........... 144 

Districts, senatorial, forty, to be of adjacent territory, and to contain as near 

as may be an equal number of voters, . . . . . .120 

Districts, etc., of the commonwealth, law restricted to particular, to be ex- 
cluded from proposal by initiative or referendum petition, . 129, 134 

Districts, representative, to be established by commissioners in the several 

counties, ........... 122 

Division, etc., of the commonwealth, law restricted to a particular political, 

to be excluded from proposal by initiative or referendum petition, 129, 134 

Divorce, alimony, etc., causes of, how to be heard and determined, . . 147 

Doctrine, denominational, public money not to be granted a school or institu- 
tion wherein is inculcated any, . . . . .111 

Dumb or blind, the deaf, privately controlled hospitals, etc., for, may be com- 
pensated for the care of such persons, . . . . . .111 

Duties and excises, power of general court to impose and levy reasonable, not 

to be limited, etc., 126 



E. 

Easements, etc., in connection with certain natural resources, may betaken, . 127 
Education, no public aid for private, . . . . . . .111 

qualification for suffrage, . . . . . . . .116 

no initiative petition on anti-aid measure, ...... 129 

Harvard College, powers, privileges, etc., . . . . . 150, 151 

encouragement of literature, etc., ..... 150, 151 

Educational interests to be cherished, . . . . . .151 

Educational undertaking, not under exclusive public control, etc., grant of 

public money forbidden to, . . . . . . .111 

Election, state, referendum on laws of the general court at, etc., 131, 132, 135, 136 
Election of state civil officers, meeting to be held biennially on the first 
Tuesday next after the first Monday in November, beginning in 

1920, 117, 120, 123 

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

Monday in November, . . . . . . . .123 

Election returns, 121,140,144,145 

Elections ought to be free, . . . . . . . . .112 

Elections, biennial, for certain state officers, senators and representatives, 

first to be held in November, 1920, 117 

by the people, of civil officers provided for by the constitution to be by 

plurality of votes, . . . . . . .117 

voting machines may be used at, ..... . 37, 123 

absent voting at, general court to provide by law for, . . . .117 

freedom of, not a subject for initiative or referendum petition, . , 129 

compulsory voting at, general court to have authority to provide for, . 117 
biennial, of state officers, councillors, senators and representatives, . 117 

to be held by the two houses of the legislature, completion of, . . 118 



INDEX TO THE CONSTITUTION— REARRANGEMENT. 163 



Emergency, public, etc., commonwealth, cities and towns may provide food, 

other common necessaries of life and shelter during, . . . 127 

Emergehcy laws, to contain preamble, etc., ...... 134 

yea and nay vote to be taken on preamble of, .... . 134 

referendum on, petitions for, ........ 13.5 

Eminent domain, exercise of the right of, . . . . . . . 113 

no initiative or referendum on right of, ..... . 129 

Enacting style of laws passed by the general court, ..... 118 

Enforcement of the laws, governor may employ mihtary and naval forces for, 147 
English language, knowledge of, as franchise qualification, . . . .116 

Enrollment of constitution, ......... 151 

Equality and natural rights of all men, . . . . . . .110 

Estates, valuation to be taken anew once at least every ten years, . . 126 

£^x post /ado laws declared unjust and oppressive, ..... 115 

Examination required for military and naval officers, ..... 147 

Excises and duties, power of general court to impose and levy reasonable, not 

to be limited, etc., ......... 126 

Excluded matters, under popular initiative and referendum, definitions of, 128, 134 



Executive department not to exercise legislative or judicial powers, 
Executive and administrative work of the commonwealth, organization of, into 

not more than twenty departments, ..... 
Exemptions, etc., from tax on income may be granted by general court. 
Exigency, public, etc., commonwealth, cities and towns may provide food- 
other common necessaries of life and shelter during. 



116 

128 
126 

127 



Extra sessions of the general court. 



118, 140 



F. 

Felony and treason, no subject to be declared guilty of, by the legislature, . 115 
Fines, excessive, not to be imposed, . . . . . . .115 

Food, etc., may be provided by the commonwealth, cities and towns, during 

time of war, etc., ......... 127 

Forest lands, taxation of, . . . . . . . . . 127 

Forest resources, conservation of, etc., ....... 127 

Forgery of signatures on initiative and referendum petitions, penalties to be 

provided by law for, ......... 136 

Form of question on ballot under the initiative and referendum, . . . 137 

Frame of government, .......... 109 

Franchise, every, shall forever remain subject to revocation and amendment, 128 
no grant of any, for more than one year, can be declared an emergency 

law, 134 

Free public libraries, appropriations maj^ be made for the maintenance of, . Ill 
Freedom of speech and debate in the legislature, . . . . .115 

Freedom of the press, of speech, and of elections, not to be subjects for initia- 
tive or referendum petition, ....... 129 

Fundamental principles of the constitution, a frequent recurrence to, recom- 
mended, . . . . . . . . . . .114 



164 INDEX TO THE CONSTITUTION— REARRANGEMENT. 



G. 

PA OB 

General appropriation bill to be based upon the budget, etc., . . ' . 138 
General court, to assemble frequently for redress of grievances, and for making 

laws, 115 

freedom of speech and debate in, . . . . . . .115 

not to declare any subject to be guilty of treason or felony, . . .115 

formed by two branches, a senate and house of representatives, each 

having a negative on the other, . . . . . . .118 

to assemble every year on the first Wednesday of January, at such other 
times as they shall judge necessary, and whenever called by the 
governor, with the advice of council, ..... 118, 140 

may constitute and erect judicatories and courts, .... 124 

may make wholesome and reasonable laws and ordinances not repugnant 

to the constitution, ......... 125 

may provide for the election or appointment of officers, and prescribe 

their duties, .......... 125 

may impose taxes, etc., to be used for the public service, . . 125, 126 

to be dissolved on the day next preceding the first Wednesday of 

January, 118, 141 

may be adjourned or prorogued, upon its request, by the governor with 

advice of council, ......... 140 

may take recess of not more than thirty days, . . . . .118 

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 prevail- 
ing, 141 

judicial officers may be removed upon address of, .... 146 

person convicted of bribery not to hold seat in, . . . . . 149 

certain officers not to have seats in, ...... . 149 

may be prorogued by governor and council for ninety days, if houses dis- 
agree, etc., .......... 141 

empowered to charter cities, . . . . . . . .126 

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

certain state officers, ....... 140, 143, 145 

certain officers not to be members of, . . . . . . 149 

persons convicted of corrupt practices not to be members of, . . 149 

to prescribe by law for election of sheriffs, registers of probate and clerks 
of the courts by the people of the counties, and district attorneys by 
the people of the districts, . . . . .125 

quorum to consist of a majority of members, . . . .118 

powers of, relative to the taking of land, etc., for widening or relocating 

highways or streets, ......... 127 

powers of, with regard to the budget, . . . . . . . 138 

governor to recommend budget annually to, ..... 138 

departments to be supervised and regulated by laws of, ... 128 

limitations on legislative power of the, extended to legislative power of 

the people, etc., ......... 129 



INDEX TO THE CONSTITUTION— REARRANGEMENT. 165 



General court, may, by resolution, submit to the people a legislative substitute 

for an initiative measure, ........ 130 

specified number of voters required to submit laws enacted by the, for 

ratification, etc., by the people, . . . 128, 129, 131, 132, 135, 136 

shall raise and appropriate money to carry into efi'ect laws enacted by 

the people, etc., .......... 129 

legislative power shall continue to be vested in, except, as provided by 

initiative and referendum petitions, etc., ..... 128 

transmission of initiative petitions to, ...... 130 

to provide for grouping conflicting or alternative measures upon the ballot 

at state election, etc., ......... 133 

members of, not eligible for appointment to certain offices, except, etc., . 118 
powers of, relative to the taking of land, etc., to relieve congestion of 

population and to provide homes for citizens, .... 127 
to determine manner in which the commonwealth, cities and towns may 

provide food and shelter in time of war, etc., .... 127 

to provide by law for absent voting, . . . . , . . 1 17 
adjournment of, to cause a bill or resolve not to become law if the governor 

cannot return it with his objections within five days after its receipt, 1 19 
effect of adjournment of, upon items disapproved by governor in general 

appropriation bill, but not returned within five days, . . . 139 

to take yea and nay vote on loans contracted by the commonwealth, . 139 
to have authority to provide for compulsory voting at elections, . .117 

to have power to limit buildings for use in cities and towns, . . . 128 
submission of laws enacted by, to the people on referendum, 128, 134, 135, 136 
to provide for taking certain natural resources, . . . . .127 
may amend or repeal laws approved by the people subject to governor's 

veto and referendum, ......... 137 

may regulate taking of ancient landmarks and property of historical 

interest, ........... 128 

may prescribe by law for appointment and removal of military and naval 

officers, 'etc., .......... 147 

to provide for recruitment, etc., of military and naval forces, . . 147 
may authorize the governor to make regulations, etc., iof the military 

and naval forces, ......... 147 

governor may return bill or resolve to, recommending amendment, etc., . 119 
governor to recommend to, term for which commonwealth loan shall be 

contracted, .......... 139 

shall assemble every year on the first Wednesday in January, . . US 

Government, objects of, ......... . 109 

Government by the people, as a free, sovereign and independent state, . 112 
Governor, the supreme executive magistrate, styled, — The Governor of the 

Commonwealth of Massachusetts; with the title of, — His Excellency; 

elected biennially, . . . . . . . .117, 139 

qualifications, ........... 139 

term of office, 117, 139 

should have an honorable stated salary, ...... 142 



166 INDEX TO THE CONSTITUTION— REARRANGEMENT. 



PAQB 

. 147 
140, 143 
148, 149 



Governor, the commander-in-chief of the army and navy, 

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 presence of the 
two houses of the legislature, 

to sign all commissions, ..... 

election determined by the legislature, 

veto power, ....... 

not to extend to measures approved by the people, 

may return bill or resolve to the general court recommending amendment, 

to recommend to general court the term for which any loan shall be 
contracted, .......... 

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

vacancy in offices of both governor and lieutenant-governor, powers to 

be exercised in order of succession by secretary, attorney-general, 

treasurer and auditor, . . . . . ' . 

order of filling, .......... 

mth advice of council, may adjourn or prorogue the legislature upon re- 
quest, and convene the same, ....... 

may adjourn or prorogue the legislature for not exceeding ninety days 
when hou.ses disagree, or may direct session to be held in other than 
the usual place in case of an infectious distemper prevailing, . 

to appoint all judicial officers, notaries public and coroners; nominations 
to be made at least seven days before appointment, etc., 

may pardon offences, but not before conviction, ..... 

may fill vacancy in council occurring when legislature is not in session, . 

with consent of council, may remove judicial officers, upon the address 
of both houses of the legislature, . 

may remove justices of the peace and notaries public, 

to commission all military and naval officers, 

to call joint session on constitutional amendments, 

to fill vacancies in certain elected executive offices, 

to have power to cause certain laws to take effect forthwith, 

with consent of council, may retire judicial officers for certain reasons, . 

to recommend budget and supplementary budgets to the general court, . 

may disapprove or reduce items or parts of items in any bill appropriating 
money, ........... 

items in bill appropriating money, when to have force of law if not returned 
to general court within five days by, ...... 

Governor and council, to examine election returns, .... 121 

may punish persons guilty of disrespect, etc., by imprisonment not exceed- 
ing thirty days, .......... 

quorum to consist of governor and at least five members of the council, 140, 143 

may require the attendance of the secretary of the commonwealth in 

person or by deputy, . . . . . . . . .146 

may require the opinions of the justices of the supreme judicial court 

upon important questions of law, etc., ...... 147 



148 

. 141 

. 140 

119, 137, 138 

. 137 

119 

139 
143 



145 
118 

140 



141 

141 
141 
144 

146 
141 
147 
131 
145 
134 
146 
138 

138 

139 
144 

124 



INDEX TO THE CONSTITUTION— REARRANGEMENT. 167 



Governor and council, to hear and determine all causes of niarriage, divorce 
and alimony, and appeals from judges of probate, etc., . 
officers serving directly under, not to be included in any of the twenty 
departments, .......... 

Guardian, parent or, consent of, required to have minor in a publicly controlled 
reformatory, etc., attend religious services, etc., .... 



147 



128 



112 



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. 
Harvard College, powers and privileges, gifts, grants and conveyances con- 
firmed, ........... 

board of overseers established, but the government of the college may be 
altered by legislature, ....... 

Hereditary offices and privileges, absurd and unnatural. 
Highways, etc., taking of land for widening or relocating, powers of the legis- 
lature concerning, ........ 

Hire or reward, petitions circulated for, under initiative and referendum, to 
be regulated by general court, ...... 

Historical property, preservation of , . 
Home, the Soldiers', in Massachusetts, appropriations may be made for the 
support of, ......... 

Homes for citizens, general court given power to take land for relieving con- 

gestion of population and providing, 
Hospital, not publicly owned, etc., grant of public money forbidden to, 

for the deaf, dumb or blind, privately controlled, may be compensated 
for the care of such persons, ...... 

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

a representation of the people biennially elected and founded upon the 
principle of equality, ........ 

may impose fines upon towns not choosing members, . 

to enter objections made by governor to a bill or resolve at large upon 

records, 
qualifications of members, ....... 1 

to judge of the qualifications of its own members, 

must be an inhabitant of district for one year preceding election, and 

shall cease to be a member when ceasing to be an inhabitant of the 

state, ........... 

members not to be arrested on mesne process during going to, return- 
ing from, or attending the general assembly, ..... 

the grand inquest of the commonwealth, . . . . 

to originate all money bills, but the senate may propose or concur with 
amendments, .......... 

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

may, by concurrent vote, take a recess of not more than thirty daj^, 
quorum of, .......... . 



113 

150 

150 
112 

127 

136 

128 

111 

127 
111 

111 
114 

122 
123 

119 

;3, 124 
124 



123 

124 
123 

124 
124 
118 
118 



168 INDEX TO THE CONSTITUTION— REARRANGEMENT. 



PAQB 

House of representatives, to choose officers, establish its rules, etc., . . 124 

may punish by imprisonment, not exceeding thirty days, persons guilty 

of disrespect, etc. ; trial may be by committee, .... 124 

privileges of members, ......... 124 

may require the attendance of secretary of the commonwealth in person 

or by deputy, .......... 146 

certain officers not to have seats in, . . . . . . .149 

may require the opinions of the justices of the supreme judicial court 

upon important questions of law, and upon solemn occasions, . 147 

clerk of, not to be a legislator, . .149 

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

first Monday of November, beginning in 1920, .... 123 

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

November, .......... 123 

to consist of two hundred and forty members, apportioned to the several 

counties equally, according to relative number of legal voters, . 122 
commissioners to divide counties into representative districts of contigu- 
ous territory, but no town or ward of a city to be divided, . . 123 
no district entitled to elect more than three representatives, . . . 123 
board authorized to divide county into districts, to be certified to by the 
secretary, the number of representatives to which the county is en- 
titled, 122 



I. 

Impeachments, by the house of representatives, to be tried by the senate; 

limitation of sentence; party convicted liable to indictment, . 122, 123 
Income, tax on, general court may impose and levy, etc., .... 126 

Incompatible offices, ......... 148, 149 

Incorporation, every act of, shall forever remain subject to revocation and 

amendment, .......... 

Individual, any, credit of the commonwealth not to be given in any manner 

to, 

Individual rights, no proposition inconsistent with certain, can be subject of 

initiative or referendum petition, ...... 

Individuals, who circulate initiative and referendum petitions for hire or 

reward, to be licensed, ........ 

Infirmary, not publicly owned, etc., grant of public money forbidden to, 

for the deaf, dumb or blind, privately controlled, may be compensated 

for the care actually rendered such persons, ..... 
Information for voters to be sent by the secretary of the commonwealth 

under the initiative and referendum, .... 



128 

139 

129 

136 
111 

111 

137 



"Inhabitant," the word defined, etc.. 



Inhabitants, census to be taken in 1925, and every tenth year thereafter, 
number of, required to erect city government, ..... 
may be provided with food and shelter during time of war, exigency, 
etc., ......■■••• 



112, 120 



120 
126 

127 



INDEX TO THE CONSTITUTION— REARRANGEMENT. 169 



Initiative (see also Referendum) : 

definition of, .... . 
contents and mode of originating petition, 
constitutional amendment petition, 
excluded matters, .... 
transmission of petition to general court, 
reference of measure to committee of general court, 
procedure in general court on petition for amendment, . 
legislative substitute for initiative measure, 
submission of amendment to the people, necessary vote, 



. 128 
128-130 
. 130 
128, 129 
. 130 
. 130 
130, 131 
. 130 
. 131 



procedure in general court on petition for law, submission to the people 
and necessary vote, ......... 

amendment of proposed law by petitioners and submission to the people 

by the secretary of the commonwealth, .... 132, 133 

conflicting and alternative measures at the same election, which shall 
govern, etc., ......... 

identification, certification and limitation on signatures to petitions 
etc., ........... 

general court may regulate abuses arising from circulating petitions for 
hire or reward, ......... 

limitation on signatures from any one county, .... 

description and form of question on ballot, ..... 

information for voters to be sent by secretary of the commonwealth, 
governor's veto not to extend to measures approved by the people, 
general court, subject to governor's veto and referendum, may amend 
or repeal a law approved by the people, .... 

provisions to be self-executive but legislation may be enacted to facilitate 
their operation, ......... 

Inmate of publicly controlled reformatory, etc., not to be deprived of oppor- 
tunity of religious exercises of his own faith, etc., . 
Institution, not publicly owned, etc., grant of public money forbidden, 

for the deaf, dumb or blind, privately controlled, may be compensated 
for the care actually rendered such persons, .... 

reformatory, penal or charitable, pubUcly controlled, not to deprive in 

mate of the opportunity of religious exercises of his o-n-n faith, etc., 
of learning, wherein any denominational doctrine is inculcated, not to be 
aided, etc., by grant of public money or credit. 
Instruction of representatives, ........ 

Insurrection, commonwealth may borrow money to suppress, etc., 
Interests, lands or easements, in connection with certain natural resources 
may be taken, ......... 

Invasion, governor may employ military and naval forces to repel, 

commonwealth may borrow money to repel, etc., 
Items or parts of items in any bill appropriating money, governor may dis- 
approve or reduce, ........ 

Items, etc., in appropriation bill disapproved, etc., when to have force of 

law, or not be law, ......,,. 139 



132 



133 

136 

136 
136 
137 
137 
137 

137 

138 

112 
111 

111 

112 

111 
114 
139 

127 
147 
139 

138 



170 INDEX TO THE CONSTITUTION— RE ARRANGE]VIENT. 



J. 

PAGE 

Judges, appointment, recall or removal of, not subjects for initiative or referen- 
dum petition, 129, 134 

Judges of courts may not hold certain other offices, .... 148, 149 

Judges of the supreme judicial court, to hold office during good behavior, and 

to have honorable salaries established by standing laws, . 116, 142 

to give opinions upon important questions of law, etc., when required by 

the governor and council, or either branch of legislature, . . 147 

not to hold certain other offices, ...... 148, 149 

Judicatories and courts, may be established by the general court, . . 124 

may administer oaths or affirmations, ...... 125 

Judicial decision, reversal of a, not a subject for initiative petition, . . 129 

Judicial department, not to exercise legislative or executive powers, . .116 

Judicial officers, appointed by the governor with consent of council; nomina- 
tions to be made seven days prior to appointment, . . . 141 
to hold office during good behavior, except when otherwise provided by 

the constitution, ......... 146 

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

houses of the legislature, ........ 146 

may be retired on pension by governor with consent of council, for certain 

reasons, ........... 146 

Jury, right of trial by, not a subject for initiative or referendum petition, 129, 134 
Jury, trial by, right secured, . . . . . . .113 

Justices of the peace, commissions to expire in seven years from date of ap- 
pointment, but may be renewed, ....... 146 

removal of, from office, ......... 141 

judges may be appointed as, ...... . 149, 150 

L. 

Land, etc., taking of, for widening or relocating highways, etc., . . . 127 

for relieving congestion of population and providing homes for citizens, . 127 

Landmarks, ancient, preservation of, . . . . . .128 

Lands, easements or interests, in connection with certain natural resources, 

may be taken, .......... 127 

Law prohibiting free exercise of religion not to be passed, . . . .111 

Law-martial, only those employed in the army and navy, and the militia in 

actual service, subject to, except by authority of the legislatiu-e, . 115 

protection from the, not a subject for initiative petition, . . . 129 

Laws, every person to have remedy in, for injury to person or property, . 113 

power of suspension or execution of, only in the legislature, except, 115, 134 

power of general court to enact, ....... 125 

suspension of, mode of petitioning for, ...... 134 

enacting style of, passed by the general court, . . . . .118 

ex post facto, prohibited as unjust and inconsistent with free government, . 115 
of province, colony and state, not repugnant to the constitution, con- 
tinued in force, .......... 147 

passed by the general court, when to take effect, ..... 133 



INDEX TO THE CONSTITUTION— REARRANGEMENT. 171 

PAGE 

Laws, and amendments to the constitution, approved by the voters, when 

to take effect, 132,135,136 

emergency, to contain preamble, etc., ...... 134 

enacted by the general court, unless expressly excluded, made subject 

of referendum to the people, . . . . ... . 134 

relating to certain subjects to be considered matters excluded from 

initiative and referendum petitions, ..... 128, 134 

approved by the people, may be amended or repealed by the general 

court, ........... 137 

submission of, to the people for approval, ratification or rejection, under 

the popular referendum, ........ 128 

Learning, school or institution of, wherein any denominational doctrine is in- 
culcated, not to be aided, etc., by grant of public money or credit. 111, 139 
Legal obligations, grant of public money or credit permitted to carry out 

certain, ........... HI 

Legal voters, census of , ......... 120,122 

Legislative department not to exercise executive or judicial powers, . 116 

Legislative power, of the general court, ..... 117, 124-128, 147 

to be vested in general court, except, . . . . . . .128 

of the people, limitations, ......... 129 

Legislative substitute may be submitted to the people by the general court for 

initiative measure, etc., ........ 130 

Legislature (see General court). 

Liberty of the press, essential to the security of freedom, . . . .114 

Libraries, free public, appropriations may be made for maintenance of, . Ill 

Licenses to be issued to individuals who circulate initiative and referendum 

petitions for hire or reward, ....... 136 

Lieutenant-governor, to be biennially elected in November, beginning in 1920, 

— title of, His Honor; who shall be qualified same as governor, 117, 143 
qualifications, ........... 143 

in the absence of governor, to be president of the council, . . . 143 

to be acting governor when the chair of the governor is vacant, . . 143 

vacancy in offices of both governor and, powers to be exercised in order 

of succession by secretary, attorney-general, treasurer and auditor, . 145 
order of filling, .......... 118 

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

houses of the legislature, .....••• 148 

not to hold certain other offices, ...... 148, 149 

term of office, 117,143 

Limitations, certain, on legislative power of the general court, shall extend 

to legislative power of the people, ...... 129 

on signatures of petitions, under the initiative and referendum, in any 

one county, ........•■ 136 

Literature and the sciences to be encouraged, ...... 151 

Loans, certain, to be paid out of revenue of the year in which created, . .139 

to be contracted only by yea and nay vote of each house, . . . 139 

Locahties of the commonwealth, law restricted to particular, to be excluded 

from proposal by initiative or referendmn petition, . . 129, 134 



172 INDEX TO THE CONSTITUTION— REARRANGEMENT. 



M. 

PAGE 

Magistrates and courts not to demand excessive bail, impose excessive fines, 

or inflict cruel punishments, . . . . . . .115 

Magistrates and officers accountable to the people, . . . . .112 

Marriage, divorce and alimony, causes of, how to be heard and determined, 147 
Martial law, only those employed in the army and navy, and the militia in 

actual service, subject to, except by authority of legislature, . . 115 

protection from, not a subject for initiative petition, .... 129 

Matters, excluded, from initiative and referendum petitions, . . 129, 134 

Measures, conflicting and alternative, in popular legislation at one election, . 133 
Mesne process, no member of house of representatives to be held to bail on, 

etc., 124 

Military power, subordinate to civil authority, . . . . . .114 

MUitia and naval forces, recruitment, etc., of, ..... . 147 

Militia and naval officers, selection, appointment and removal of, . . 147 

Mineral resources and rights, conservation of, etc., ..... 127 

Minor, in publicly controlled reformatory, etc., not compelled to attend reli- 
gious services, etc., without consent of parent or guardian, . 112 
Mode, of originating initiative petitions, ....... 129 

of petitioning for suspension of a law and a referendum thereon, . 134, 135 
Money, issued from treasury by warrant of governor, etc., .... 142 

borrowed, expenditure of, limited, ....... 139 

borrowed in anticipation of receipts from taxes, when loan shall be paid, 139 
received on account of the commonwealth to be paid into the treasury, 141 
bills appropriating, governor may disapprove or reduce any items or parts 

of items in, ......... 138, 139 

certain appropriations of, from treasury of the commonwealth, excluded 

from initiative and referendum petitions, .... 129, 134 

bills to originate in the house of representatives, ..... 124 

Moneys, raised or appropriated for public or common schools, not to be applied 

for support of sectarian schools, etc., ...... Ill 

Moral obligations of lawgivers and magistrates, . . . . . .114 

Moral qualifications for office, . . . . . . . . .114 

Mvmicipal governments, authority given general court to create, . . . 126 

N. 

Name, change of, by women notaries public renders commission void, but 

reappointment may be made, etc., ...... 141 

Natural resources of the commonwealth, conservation of, . . . . 127 

Naval and military forces, recruitment, etc., of, . . . . . . 147 

Naval and military officers, selection, appointment and removal of, . . 147 

Necessaries of life, commonwealth, cities and towns may take and provide, 

during time of war, exigency, etc., ...... 127 

Negative vote required, size of, to disapprove suspension of a law and refer- 
endum thereon, .......... 136 



INDEX TO THE COxNSTITUTION— REARRAx\GEMENT. 173 

PAGE 

Notaries public, to be appointed by governor with advice of council, . .141 
women may be appointed, . . . . . . . .141 

how removed, . . . . . . . . ... . 141 

Number to be given each question on the ballot by the secretary of the com- 
monwealth, under the initiative and referendum, . . . 137 



o. 

Oaths and affirmations, may be administered by courts and judicatories, . 125 
how and by whom taken and subscribed, ...... 148 

forms of, ........... . 148 

persons declining to take, may affirm, ...... 148 

to be taken by all civil and military officers, .... 125, 148 

Objects of government, ......... 109, 112 

Obligations, legal, grant of pubhc money or credit to certain institutions, etc., 

to carry out certain, ......... Ill 

Offences and crimes, prosecutions for, regulated, . . . . .113 

Office of trust, person convicted of bribery, etc., not to hold, . . . 149 

Office, rotation in, right secured, . . . . . .112 

all persons having the prescribed qualifications equally eligible to, . .112 

no person eligible to, unless he can read and write, . . . .116 

member of general court not eligible to, created, etc., during his term of 

election, etc., .......... 118 

Officers, civU, legislature may provide for the naming and settling of, . . 125 

Officers, commissioned, tenure of office to be expressed in commissions, . 141 

Officers, judicial, to hold office during good behavior, except, etc., . . 146 

may be removed by governor, with consent of council, upon the address of 

both houses of the legislature, ....... 146 

Officers of the militia, etc., election and appointment of, . . . . 147 

removal of, .......... . 147 

Officers and magistrates, accountable to the people, . . . . .112 

Offices, plurality of, prohibited to governor, lieutenant-governor and judges, 148, 149 
incompatible, . . . . . . . , , . 148,149 

Organization, of the general com-t, ....... 121, 124 

of the militia and naval forces, ........ 147 

Originating, mode of, initiatiye petitions, . . . . . . .129 

P. 

Pardon of offences, governor with advice of council may grant, but not before 

conviction, .......... 141 

Parent, consent of guardian or, required to have minor in a publicly controlled 

reformatory, etc., attend religious services, etc., .... 112 
Particular division, law restricted to a, excluded from proposal by initiative 

or referendum petition, ....... 129,134 

Parts of items in bill appropriating money, governor may disapprove or 

reduce, 138, 139 

Peaceable assembly, the right of, not a subject for initiative petition, . . 129 



174 INDEX TO THE CONSTITUTION— REARRANGEMENT. 



Penal institutions, etc., publicly controlled, not to deprive an inmate of the 

opportunity of religious exercises of his own faith, etc., . . . Ill 

Pension, retirement of judicial officers upon, ...... 146 

People, to have the sole right to govern themselves as a free, sovereign and 

independent state, . . . . . . . . .112 

have a right to keep and to bear arms for the public defence, . . 114 

have a right to assemble to consult upon the common good, to instruct 

their representatives, and to petition legislature, .... 114 

legislative power of the, limitations on, ...... 129 

submission of constitutional amendments, etc., to the, by popular initia- 
tive and referendum, ......... 131 

Person and property, remedy for injuries to, should be in the laws, . .113 

Persons declining to take oaths, etc., may affirm, ..... 148 

Petition, right of, 114, 115 

initiative and referendum, definition of, mode of originating 

etc., 128, 134, 135 

Petitions circulated by individuals for hire or reward, under initiative and 

referendum, license to be issued for, ...... 136 

Plurality, of offices, 148, 150 

of votes, election of civil officers by, . . . . . . .117 

Political division, any, of the commonwealth, may pay for care or support fur- 
nished by privately controlled hospitals, etc., for the deaf, dumb or 

blind, Ill 

law restricted to a, excluded from proposals by initiative or referendum 

petition, 129, 134 

Political year begins on the first Wednesday of January, . . . .118 

Popular government, rights of, ....... 112,113 

Popular initiative and referendum, ....... 128-138 

Population, congestion of, etc., general court empowered to authorize the 

taking of land for relieving, ....... 127 

Postmaster may hold state office, . . . . . . . .149 

Power to submit constitutional amendments and laws to the people for ap- 
proval or rejection, ......... 128 

Preamble, to constitution, ........ 109, 110 

emergency laws to contain, ........ 134 

President of the senate, choice of, . . . . . . . .121 

to administer oaths to governor, lieutenant-governor and councillors, etc., 148 
to preside at joint session of the two houses on proposed constitutional 

amendments, .......... 131 

Press, freedom of the, not a subject for initiative petition, .... 129 

Press, liberty of, essential to the security of freedom, . . . . .114 

Private association, etc., not to be given credit of the commonwealth, etc.. Ill, 139 
Private property, taken for public uses, compensation to be made for, . . 113 

appropriated to public use, right to receive compensation for, not a 

subject for initiative petition, ....... 129 

within public view, advertising on, may be restricted, etc., . . . 128 

Privileges, no hereditary, . . . . . . . . .112 



INDEX TO THE CONSTITUTION— REARRANGEMENT. 175 



Probate courts, provisions for holding, ....... 146 

registers elected by the people of the several counties, .... 125 

judges may not hold certain other offices, . . . ... 148-150 

certain appeals from judges of, to be determined by governor and council, 147 

Property, right of protection of, . . . . . . . .113 

no initiative petition contravening protection, ..... 129 

income derived from various classes of, rates upon, how levied, . . 126 

of historical or antiquarian interest, preservation of, . . . . 128 

Propositions, certain, not to be subject of an initiative or referendum pe- 
tition, 129, 134 

Prorogation of the general court, ....... 118, 140 

Prosecutions for crimes and offences regulated, ..... 113,114 



Provincial laws, not repugnant to the constitution, continued in force, . 
Public boards and certain officers to make quarterly reports to the governor, . 
Public credit, etc., not to be authorized to found, etc., any church, religious 
denomination or society, ........ 

Public debts, contraction of, ........ . 

Public e.xigency, etc., commonwealth, cities and towTis may provide food, other 
common necessaries of life and shelter during, . . . . 

Public libraries, free, appropriations may be made for support of. 

Public notary (see Notary public). 

Public offices, right of people to secure rotation, . . . . . 

all persons having the prescribed qualifications equally eUgible, 
Public religious worship, right and duty of, . . . 

Public trading by the commonwealth, cities and towns permitted, 
Public use, right to receive compensation for private property appropriated 
to, not a subject for initiative petition, 

in necessaries of life, ....... 

in natural resources, ....... 

in historic sites, etc., ...... 

Public ways and places, advertising on, may be restricted, etc., 
Punishments, cruel and unusual, not to be infficted, 



147 
142 

111 
139 

127 
111 



. 112 

. 113 

110, 111, 112 

. 127 



129 
127 
127 
128 
128 
115 



Q. 

Qualifications, of a voter, ....... 116, 117, 120 

of governor, ........... 139 

of lieutenant-governor, ......... 143 

of councillors, ........... 144 

of senators, . . 120,121 

of representatives, ......... 123, 124 

of secretary, treasurer, auditor and attorney-general, . . . 145, 146 

Qualifications, moral, of officers and magistrates, ..... 114 

Quartering of troops, . . . . . . . . . .115 

Question, each, on the ballot to be given a number by the secretary of the 

commonwealth, under the initiative and referendum, . . .137 

Quorum, of council, ........ 140, 143, 144 

of senate, ........... 118 

of house of representatives, . . . . . . . .118 



176 INDEX TO THE CONSTITUTION— REARRANGEMENT. 



R. 



PAGE 
144 

126 



Rank of councillors, ...... 

Rates, tax, upon income, how levied, 

Reading and writing, knowledge of, necessary qualifications for voting or 
holding office, ........ 

Rebellion, governor may employ military and naval forces to suppress, 
Recall of judges shall not be proposed by initiative petition. 
Recess, of general court for not more than thirty days, 

committees or commissions, members of general court not to receive 
salary for servdce upon, except, etc., .... 
Records of the commonwealth to be kept in the office of the secretary, 
Re-enactment of certain bills and resolves, .... 

Referendum (see also Initiative) : 

definition of, ........ . 

time when laws shall take effect, ..... 

exemption of emergency laws, ...... 

governor may cause certain laws to take effect forthwith, 

grant of certain franchises shall not be declared emergency laws, 

contents of petitions, ..... 

certain matters excluded from petitions, 

mode of petitioning for suspension of a law, 

votes necessary for approval by the people, 

petition for repeal of emergency or other active law, 

identification, certification and limitation on signatures, 

general court may regulate abuses arising from circulating petitions for 
hire or reward, ......... 

limitation on signatures from any one county, .... 

description and form of question on ballot, ..... 

information for voters to be sent by secretary of the commonwealth, 

governor's veto not to extend to measures approved by the people, 

general court, subject to governor's veto and referendum, may amend 
or repeal a law approved by the people, 

provisions to be self -executing but legislation may be enacted to facilitate 
their operation, ......... 

Reformatory, etc., publicly controlled, not to deprive an inmate of the oppor- 
tunity of religious exercises of his own faith, etc., . . Ill 
Register of the council, resolutions and advice to be recorded in, and signed 
by members present, ....... 

Registers of deeds, incompatible offices, ..... 

Registers of probate, chosen by the people of the several counties, 

incompatible offices, ........ 

Religion, free exercise of, no law to be passed prohibiting, . 

no measure that relates to, can be made subject of initiative petition or 

referendum, .......•■ 128, 134 

Religious denomination, appropriation of public money or credit, etc., not to 

be made to found any, ....... 111,139 



116 
147 
129 
118 

118 
146 
119 

128 
132, 133, 135 
134 
134 
134 
134 
134 
134, 135 
135 
135 
136 



136 
136 
137 
137 
137 

137 

138 

112 

144 
149 
125 
149 
111 



INDEX TO THE CONSTITUTION— REARRANGEMENT. 177 



Jleligious denominations, equal protection secured to all, . . . 110, 111 

Religious institutions or practices, no measure that relates to, can be made 

subject of initiative petition or referendum, .... 128, 134 

Religious sect or denomination, no subordination of one to another to be 

established by law, . . . . . . . . .111 

Religious services or instruction, inmate of a publicly controlled reformatory, 

etc., not to be compelled to attend against his will, etc., . . 112 

Religious societies, may elect their own pastors or religious teachers, . . 110 

membership of, defined, . . . . . . . . .110 

Religious society, appropriation of public money or credit, etc., not to be made 

to found any, ......... 111,139 

Religious undertaking not under exclusive public control, etc., grant of public 

money forbidden to, . . . . . . . . .111 

Religious worship, public, right and duty of, and protection therein, . .110 

support of the ministry, and erection and repair of houses of worship, . 110 
Remedies by recourse to the law, to be free, complete and promj^t, . . 113 

Removal of judges shall not be the subject of an initiative or referendum 

petition, 129, 134 

Repeal of an emergency law, etc., petition for referendum on, . . . 135 

Representation, fines upon towns to enforce, ...... 123 

Representatives (see House of Representatives). 

Residence, change of, not to disqualify voter until six months from time of 

removal, etc.. 
Residence qualification, of voters, 
of senators, 
of representatives, 
of governor, 
of lieutenant-governor, 
of councillors, 
- of secretary, treasurer, auditor and attorney-general, .... 

Resolution of general court may submit to the people a substitute for any 
measure introduced by initiative petition, ..... 

Resolves (see Bills and Resolves). 

Resources, natural, of the commonwealth, conservation of, . 

Retirement of judicial officers forced, ....... 



. 117 
116, 117, 120 
. 120 
. 123 
. 139 
. 143 
. 144 
146 



130 

127 
146 



Returns of votes, 



121, 140, 143, 144, 145 



Revenue, all, to be paid into the treasury from whatever source collected, 
loan for money borrowed in anticipation of receipts from taxes, provision 

for payment from certain, ...... 

Reversal of a judicial decision, not a subject for initiative petition. 
Revision of the statutes, several members of general court may receive 

for service upon committee for, ..... 
Revocation of charters, franchises and acts of incorporation, 
Reward, petitions for, circulation of, under initiative and referendum, 

regulated by general court, ...... 

Right of peaceable assembly, not a subject for initiative petition, . 
Rights, declaration of, ....... . 



141 

139 
129 
salary 

118, 119 
. 128 



to be 



136 
129 
129 



178 INDEX TO THE CONSTITUTION— REARRANGEMENT. 



Rights, certain individual rights as declared in, not to be subject of an in- 
itiative petition, ......... 129 

Rights, water and mineral, the taking of, 127 

s. 

Sailors and soldiers, who have served, etc., during time of war, not disqualified 

from voting on account of non-payment of poll tax, . . .116 

Salary, a stated and honorable, to be established for the governor, . 142 

permanent and honorable, to be established for the justices of the 

supreme judicial court, and to be enlarged if not sufficient, 116, 142, 146 
additional, not to be paid members of general court for service on recess 

committees, except, etc., ........ 118 

Sale of land or buildings to provide homes for citizens, etc., . . . 127 

School moneys not to be appropriated for sectarian schools, etc., . . Ill 

School or institution of learning, wherein any denominational doctrine is 
inculcated, not to be aided, etc., by grant of public money or 

credit, Ill, 139 

Seal, great, of the commonwealth to be affixed to all commissions, . . 141 

Search, seizure and arrest, right of , regulated, . . . . . .114 

Search, unreasonable, etc., not a subject for initiative petition, . . . 129 

Secret voting to be preserved when compulsory voting is authorized, . .117 

Secretary of the commonwealth, to be chosen by the people biennially in 

November, beginning in 1920, ...... 117, 145 

145 

117,145 
149 



manner of election, etc., same as governor, 

term of office, ..... 

not to be a legislator, 

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 persons 
having the highest number of votes at November election, . 145 

vacancy occurring during session of the legislature, filled by joint ballot 

of the legislature from the people at large, ..... 145 

vacancy occurring when legislature is not in session, to be filled by gov- 
ernor, by appointment, with advice and consent of council, . . 145 

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

election or appointment, ........ 146 

office of, to be deemed vacant if person elected or appointed fails to be 

qualified within ten days, ........ 145 

records of commonwealth to be kept in office of, . . . . . 146 

may appoint deputies, for whose conduct he shall be accountable, . . 146 

to attend governor and council, senate and house, in person or by depu- 
ties, as they shall require, ........ 146 

to attest all commissions, or by his deputy, ..... 141 

to certify to board authorized to divide county into districts, the number 

of representatives to which the county is entitled, .... 122 

duties of, under the initiative and referendum, .... 129-137 

to exercise powers of governor and lieutenant-governor when both offices 

are vacant, .......... 145 



INDEX TO THE CONSTITUTION— REARRANGEMENT. 179 



Sectarian schools not to be maintained at public expense, . . . 111,139 
Section of excluded matters under initiative petitions not a subject for initia- 
tive amendment, ......... 129 



Selectmen to preside at town meetings, elections, etc., 
Self-government, right of, asserted, .... 
Senate, the first branch of the legislature, . 

to consist of forty members, apportionment, etc., 

to be elected biennially, beginning in November, 1920, 



121 
112 
120 
120 
ll7, 120 



governor and at least five councillors, to examine and count votes, and 

issue summonses to members, ....... 121 

to be final judges of elections, returns and qualifications of their own 

members, ........... 121 

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

majority of senators elected, .... . . 121 

qualifications of a senator, ....... 120, 121 

not to adjourn more than two days at a time, ..... 122 

may, by concurrent vote, take a recess of not more than thirty days, . 118 
to choose its officers and establish rules, ...... 121 

shall try all impeachments, . . . . . . 122, 123 

quorum of, .......... . 118 

may punish for certain offences ; trial may be by committee, . . 124 

may require the attendance of the secretary of the commonwealth in 

person or by deputy, ......... 146 

may require the opinions of the justices of the supreme judicial court 

upon important questions of law, and upon solemn occasions, . 147 

certain officers not to have seats in, ...... . 149 

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

large on records, . . .119 

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

near as may be, an equal number of voters, ..... 120 

apportionment based upon legal voters, ...... 120 

Sessions, court of, judges and other offices, ...... 149 

Shelter, etc., may be provided by the commonwealth, cities and towns, during 

time of war, public exigency, etc., ...... 127 

Sheriffs, elected by the people of the several counties, . . . . 125 

incompatible offices, ......... 148, 149 

Signatures to initiative and referendum, number required, etc., . . 129-136 
regulation of, by law, ......... 136 

in any one county limited, ........ 136 

Society, rehgious, etc., appropriation of public money or credit, etc., not to be 

made to found any, . . . . . Ill, 139 

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

of owner, ........... 115 

Soldiers and sailors, who have served in time of war, etc., not disqualified 

from voting on account of non-payment of poll tax, . . .116 

Soldiers' Home in Massachusetts, appropriations may be made for support of. 111 
Solicitor general, appointment of, ....... . 141 



incompatible offices, 



148, 149 



180 INDEX TO THE CONSTITUTION— REARRANGEMENT. 



Special appropriation bills may be enacted after final action on general appro- 
priation bill, etc., ......... 138 

Speaker of the house of representatives, choice of, .... . 124 

Speech, freedom of, not a subject for initiative petition, .... 129 

Standing armies dangerous to liberty and not to be maintained without con- 
sent of the legislature, . . . . . . . .114 

State election, referendum on measures passed by the general court 

at, . . 131, 132, 135, 136 

State or body politic, entitled, — The Commonwealth of Massachusetts, . 110 
Statutes, general revision of, members of general court may receive salary for 

service upon recess committee to examine, . . . . 118, 119 

Streets, etc., taking of land for widening or relocating, powers of the legislature 

concerning, 
Style, of body politic. 



127 

110 

. 118 

. 139 

. 143 

128, 129, 134 

130 
143, 145 

138 



of legislature, .... 

of governor, .... 

of lieutenant-governor, 
Subjects, certain, excluded from initiative or referendum petition. 
Substitute, legislative, for initiative petition. 
Succession to vacancy in governorship, .... 

Supplementary budgets, governor may recommend, 
Support of the deaf, dumb or blind, institutions for the care of, may be com- 
pensated, . . . . . . . . . .111 

Supreme judicial court, judges to have honorable salaries fixed by standing 

laws, and to hold office during good behavior, . . 116, 142, 146 

clerk of, not to be a legislator, ........ 149 

judges to give opinions upon important questions of law, etc., when 
required by either branch of the legislature or by the governor and 
council, ........... 147 

judges not to hold certain other offices, ...... 148 

Sureties of bail, excessive, not to be required, . . . . . .115 

Suspension of laws, ........ 115, 134-136 

T. 

Tax on income, general court may impose and levy, . . . . .126 

Taxation, should be founded on consent, ...... 113,115 

of wild and forest lands, ......... 127 

moneys raised by, for support of public schools, not to be applied to 

other schools, etc., ......... Ill 

general court shall raise money by, to carry into effect laws enacted by 

the people, etc., ......... 129 

Taxes, not to be levied without the consent of the people or their representa- 
tives, . 113, 115 

may be imposed by the legislature, ...... 125, 126 

valuation of estates to be taken anew once at least every ten years, . 126 

money borrowed in anticipation of receipts from, when loan is to be 

paid 139 



INDEX TO THE CONSTITUTION— REARRANGEMENT. 181 

PAGE 

. 116 



117,122 
117, 139 
117,143 
117, 143 
117, 145 
141,146 
116,129, 134,146 
. 146 



Tenure, of justices of the supreme judicial court, 

of legislators, ....... 

of governor, ....... 

of lieutenant-governor, ..... 

of councillors, ....... 

of secretary, treasurer, auditor and attorney-general, 

of notaries public and justices of the peace, 

of judicial officers, ...... 

re-eligibility of treasurer, ..... 

that all commissioned officers shall by law have in their offices shall be 

expressed in their commissions, ....... 141 

Term of any loan contracted by the commonwealth to be recommended by 

governor, ....... ... 139 

Tests abolished, ........... 148 

Title of body politic, — The Commonwealth of Massachusetts, . . . 110 
Title of governor to be, — His Excellency, ...... 139 

Title of legislature, — The General Court of Massachusetts, . . .118 

Title of lieutenant-governor to be, — His Honor, ..... 143 

Town, etc., measure or law restricted to a particular, to be excluded from 

proposal by initiative or referendum petition, . . . 129, 134 

Town clerk to make record and return of elections, ..... 121 

Town meetings, selectmen to preside at, ...... . 121 

To\vn representation in the legislature, . . . . . . 120-123 

Towns, may be chartered as cities, when, ....... 126 

voting precincts in, . . . ...... 1 17 

Towns and cities, not to aid certain schools, educational, charitable, religious 

or other institutions with moneys raised by taxation, . . . Ill 

may provide food and shelter during time of war, public emergency, etc., 127 
may take ancient landmarks, etc., for public use, .... 128 

may limit buildings for certain uses to specified districts, . . . 128 

Trading, public, by the commonwealth, cities and towns, permitted, . . 127 

Training of the militia and naval forces, ....... 147 

Treason and felony, no subject to be declared guilty of, by the legislature, . 115 
Treasurer, to be chosen by the people biennially in November, beginning in 

1920, 117, 145 

to hold office for two years from third Wednesday in January next there- 
after, and until another is chosen and qualified, . 117,145 
manner of election, etc., same as governor, ...... 145 

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

election or appointment, ........ 146 

no person eligible for more than three successive terms (six years), . 146 

not to be a legislator or congressman, ...... 149 

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 persons 
having the highest number of votes at November election, . . 145 

vacancy occurring during session of the legislature, filled by joint ballot 

of the legislature from the people at large, . . . . .145 



182 INDEX TO THE CONSTITUTION— REARRANGEMENT. 



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

governor, by appointment, with advice and consent of the council, . 145 

office to be deemed vacant if person elected or appointed fails to be quali- 
fied within ten days, ........ 145, 146 

to exercise powers of governor and lieutenant-governor in succession when 

both offices are vacant, ........ 145 

Treasury, no monej'S to be issued from, but upon the warrant of governor, 

except, etc., .......... 142 

all money received on account of the commonwealth to be paid into 

the, 141 

certain appropriations of money from, excluded from initiative and 

referendum petitions, ........ 129, 134 

Trial by jury, right to, secured, . . . . . . .113 

guaranteed in criminal cases, except in army and navy, . . . 113 

right of, not a subject for initiative petition, ..... 129 

u- 

Uniform rate of tax, on incomes derived from same class of property, to be 

levied throughout the commonwealth, etc., ..... 126 

United States, commonwealth may borrow money to assist the, in case of 

war, 139 

University at Cambridge, ........ 150, 151 

Unreasonable search, bail and the law martial, protection from, not a subject 

for initiative petition, ........ 129 

Utilization of certain natural resources of the commonwealth, . . . 127 

V. 

Vacancy in office of governor, powers to be exercised by lieutenant-gov- 
ernor, ........... 143 

Vacancy in offices of both governor and lieutenant-governor, powers to be 
exercised in order of succession by the secretary, attorney-general, 
treasurer and auditor, ........ 145 

order of filling by general court, . . . . . . .118 

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, . . 144 

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

of a majority of senators elected, ...... 121 

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, ........ 145 

occurring during session of legislature, filled by joint ballot of legislature 

from people at large, ......... 145 

occurring during recess of legislature, filled by appointment of governor, 

with advice and consent of council, ...... 145 



INDEX TO THE CONSTITUTION— REARRANGEMENT. 183 

PAGE 

Valuation of estates to be taken anew once in every ten years at least, . .126 

Veto power of the governor, ' . . . . . . . 119,137,138 

not to extend to measures approved by the people, . . . .137 

Vote, j^ea and nay, in each house required upon measures having emergency 

preamble, ........... 134 

in each house required to enable the commonwealth to borrow money, 

etc., 139 

no person eligible to, unless he can read and write, etc., . . . 116 

Voters, qualifications of, at elections for governor, lieutenant-governor, sena- 
tors and representatives, ...... 116,117,120 

not disqualified on account of non-payment of poll tax if they have served 

in the army or navy in time of war, etc., . . , . .116 

not disqualified by change of residence until six months from time of 

removal, etc., . . . . . . . . . .116 

male citizens, twenty-one years of age, who have resided in the state one 

year, and within the town or district six months, and who can write 

their names and read the constitution in the English language, 116 

the basis upon which the apportionment of representatives to the several 

counties is made, ......... 122 

basis of apportionment of senators, . . . . . . .120 

census of, to be taken in 192.5, and every tenth year after, . . . 120 

specified number of, may submit constitutional amendments and laws 

to the people for ratification or rejection, etc., .... 128 
number of qualified, required to originate, etc., initiative or referendum 

petition, 129-136 

information for, to be sent by secretary of the commonwealth, under the 

initiative and referendum, . . . . . . . .137 

Votes, returns of, 121, 140, 143, 144, 145 

plurahty of, to elect civil officers, . . . . . . .117 

negative, required to disapprove suspension of a law and referendum 

thereon, ........... 136 

Voting, absent, general court to have power to provide for, . . . .117 

compulsory, general court to have authority to provide for, . , . 117 

machines may be used at elections, . . . . . . .117 

precincts in towns, . . . . . . . . . .117 

w. 

War, commonwealth may borrow money to assist the United States in case 

of, etc., 139 

War time, commonwealth, cities and towns may provide food, other common 

necessaries of life, and shelter during, ... . . . . 127 

Water resources and rights, conservation of, etc., ..... 127 

Wild or forest lands, taxation of, . . . . . . . .127 

Women, eligible to appointment as notaries public, . . . . . 141 

changing name may be reappointed notaries public under new name, . 141 
Worship, public, the right and duty of all men, . . . . . .110 



184 INDEX TO THE CONSTITUTION— REARRANGEMENT. 

PAGB 

Writ of habeas corpus to be enjoyed in the most free, easy, cheap and expedi- 
tious manner, and not to be suspended by legislature, except for a 
limited time, . . . . . . . . . .113 

Writing and reading, necessary qualifications for voting or holding ofRce, . 116 
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 clerk, . 147 

Y. 

Yea and nay vote, of two thirds members present and voting in each house 

required upon measures having emergency preamble, . . . 134 

of two thirds members present and voting in each house required to ena- 
ble the commonwealth to borrow money, etc., .... 139 

Year, political, begins on the first Wednesday of January, . . . .118 



ACTS AND RESOLVES 

OF 

MASSACHUSETTS 
1920 



^^ The General Court of the year nineteen hundred and twenty assembled 
on Wednesday, the seventh day of January. The oaths of office were taken and 
subscribed by His Excellency Calvin Coolidge and His Honor Channing 
H. Cox, on Thursday, the eighth day of January, in the presence of the two 
Houses assembled in convention. 



ACTS. 



Chap. 



An Act relative to the time of payment of members 
OF the general court. 

Be it enacted hy the Senate and Hou^e of Reyresentatwes in 
General Court assembled, and by the authority of the same, 
as follows: 

Section ten of chapter three of the Revised Laws, as r. l. 3, § 10, 
amended by chapter one hundred and sixty-three of the acts ^^^" ^'^®°'^^'*- 
of nineteen hundred and seven, by chapter thirteen of the 
acts of nineteen hundred and twelve, and by chapter two 
hundred and three of the General Acts of nineteen hundred 
and eighteen, is hereby further amended by striking out the 
words "one hundred and fifty", in the second and third 
lines, and also in the la^ line and substituting in each case 
the words : — two hundred, — so as to read as follows : — 
Section 10. Each member of the general court shall be en- Time of pay- 
titled to be paid two hundred dollars on account on the day members of 
preceding the last legislative day of each month; but such court^"^''*^ 
monthly pajments shall not exceed, in the aggregate, the 
compensation of the member for the annual session; and 
each member shall, on the legislative day in which the gen- 
eral court is in session preceding the fifteenth day of each 
month, be entitled to receive an amount not exceeding the 
proportion then due at the rate of two hundred dollars 
monthly. Approved January I4, 1920. 

An Act to postpone the taking effect of chapter two Chap. ! 

HUNTDRED AND FIFTY-SEVEN OF THE GENERAL ACTS OF 
nineteen hundred and EIGHTEEN AND CHAPTER THREE 
HUNDRED AND THIRTY-THREE OF THE GENERAL ACTS OF 
NINETEEN HUNDRED AND NINETEEN, MAKING CERTAIN 
SUBSTANTIVE CORRECTIONS IN EXISTING LAWS. 

Whereas, The immediate passage of a law to postpone the Emergency 
operation of chapter two hundred and fifty-seven of the ^'^^'^'^ 



Acts, 1920. — Chap. 3. 

General Acts of nineteen hundred and eighteen, and of chap- 
ter three hundred and thirty-three of the General Acts of 
nineteen hundred and nineteen beyond the first day of Feb- 
ruary, nineteen hundred and twenty is necessary in that said 
chapters two hundred and fifty-seven and three hundred and 
thirty-three were intended to take effect as a part of the 
new consolidation and arrangement of the General Laws, 
which cannot be completed on or before February first, 
nineteen hundred and twenty, therefore this act is hereby 
declared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 



1918, 257 (G), 
§ 478, etc., 
amended. 



Taking effect 
of certain act 
postponed. 



1919, 333 (G), 
§ 41, amended. 



Taking effect 
of certain act 
postponed. 



Be it enacted, etc., as folloivs: 

Section 1. Section four hundred and seventy-eight of 
chapter two hundred and fifty-seven of the General Acts of 
nineteen hundred and eighteen, as amended by chapter five 
of the General Acts of nineteen hundred and nineteen, is 
hereby further amended by striking out said section and 
substituting the following: — Section J^lfS. This act shall 
take effect on the first day of February, nineteen hundred 
and twenty-one. 

Section 2. Chapter three hundred and thirty-three of 
the General Acts of nineteen hundred and nineteen is hereby 
amended by striking out section forty-one and substituting 
the following: — Section 4^. This act shall take effect on 
the first day of February, nineteen hundred and twenty-one. 

Approved January 29, 1920. 



ChaV 3 "^^ ^^'^ "^^ CONFIRM CERTAIN ACTS OF THE TOWN OF FK\AI- 
INGIL^M RELATIVE TO THE PROMOTION OF CALL MEN IN 
THE FIRE DEPARTMENT. 

Be it enacted, etc., as follows: 

Section 1. The action taken and the vote passed by the 
town of Framingham at its annual election held on ]March 
second, nineteen hundred and fourteen, accepting chapter 
four hundred and eighty-seven of the acts of nineteen hun- 
dred and thirteen relative to the promotion of call men in 
the fire departments of cities and towns is hereby confirmed 
and made valid. 

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

Approved February 2, 1920. 



Certain acts 
of town of 
Framingham 
relative to 
promotion of 
call firemen 
confirmed. 



Acts, 1920. — Chaps. 4, 5. 



An Act to establish the office of chief of the fire Chap. 4 

DEPARTMENT OF THE TO^^TST OF SWAMPSCOTT AND TO PLACE 
THE OFFICE L'NDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. There is hereby estabhshed the office of chief of^wampsi^u 
of the fire department of the town of Swampscott to which esfabHshecr^"^* 
office the civil service laws and the rules and regulations etc. 
made thereunder relative to members of the permanent fire 
forces in towns shall apply. The present chief of the fire 
engineers in said town may be appointed to the said office 
without civil service examination. 

Section 2. The first appointment to the office hereby ADpointment, 
established shall be made by the selectmen of the town. Any vacancies, etc. 
vacancy hereafter existing therein shall be filled by the 
selectmen of the town in accordance with the provisions of 
section one. 

Section 3. This act shall be submitted to the voters of ^°t}'e/{'o^ 
the town of Swampscott at the annual town election in the voters, etc. 
current year in the form of the following question to be 
placed on the official ballot : " Shall the town accept the pro- 
visions of an act passed in the current year, entitled 'An 
Act to establish the office of chief of the fire department of 
the town of Swampscott and to place the office under the 
civil service laws'?" If a majority of the voters voting 
thereon shall vote in the affirmative, then this act shall take 
full effect in said town, but not otherwise. 

Section 4. For the purpose of submitting this act to the Time of 
voters as aforesaid it shall take effect upon its passage. ** '°^ ^ ^'^^' 

Approved February 2, 1920. 

An Act to establish the office of chief of the fire Chap. 5 

DEPARTMENT OF THE TOWN OF WESTFIELD AND TO PLACE 
the OFFICE UNDER THE CWIL SERVICE LAWS. 

Be it enacted, etc., as folloivs: 

Section 1. There is hereby established the office of Office of chief 
chief of the fire department of the town of Westfield to firedepart- 
which office the civil service laws and the rules and regula- lishedreta' 
tions made thereunder relative to members of the permanent 
fire forces in towns shall apply. The present chief of the 
fire engineers in said town may be appointed to the said 
office without civil service examination. 



Acts, 1920. — Chap. 6. 



Appointment, 
filling of 
vacancies, etc. 



To be sub- 
mitted to 
voters, etc. 



Time of taking 
effect. 



Section 2. The first appointment to the office hereby 
established shall be made by the selectmen of the town. 
Any vacancy hereafter existing therein shall be filled by the 
selectmen of the town in accordance with the pravisions of 
section one. 

Section 3. This act shall be submitted to the voters of 
the town of Westfield at the annual town election in the 
current year in the form of the following question to be 
placed on the official ballot: "Shall the town accept the 
provisions of an act passed in the current year, entitled 
' An Act to establish the office of chief of the fire department 
of the town of Westfield and to place the office under the 
civil service laws' ? " If a majority of the voters voting 
thereon shall vote in the affirmative then this act shall take 
full effect in said town, but not otherwise. 

Section 4. For the purpose of submitting this act to 
the voters as aforesaid, it shall take effect upon its passage. 

Approved February A, 1920. 



1892, 353, § 1, 
etc., amended. 



Members of 
Boston police 
department 
may be pen- 
sioned, etc. 



Chap. 6 ^^ Act relative to pensioning members of the police 
department of the city of boston. 

Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and fifty-three of 
the acts of eighteen hundred and ninety-two, as affected 
by chapter three hundred and six of the acts of nineteen 
hundred, is hereby amended by striking out section one and 
substituting the following : — Section 1 . The police commis- 
sioner for the city of Boston may retire from active service 
and place upon a pension roll any member of the police de- 
partment w^ho has performed faithful service in said depart- 
ment for a period not less than twenty years, if in the judg- 
ment of the commissioner said officer is incapacitated for 
useful service on said force, and said commissioner shall re- 
tire from such service and place upon a pension roll any 
member of said force who has arrived at the age of sixty-five 
years, or any member who shall be certified to said commis- 
sioner in wTiting, by the physician to the board of health of 
said city, as being permanently incapacitated, either men- 
tally or physically, by injury sustained in the actual per- 
formance of duty, from further performing duty as such 
member: provided, however, that no officer shall be retired 
under the provisions of this act unless such action is approved 
in writing by the mayor of the city of Boston; and provided, 



Provisos. 



Acts, 1920. — Chaps. 7, 8. 7 

that soldiers and sailors who served during the war of the 
rebellion and who have received an honorable discharge shall 
not be retired at the age of sixty-five years, except at their 
own request. 
Section 2. This act shall take effect upon its passage. 

Approved February 4, 1920. 

An Act relative to the salary of the superintendent Qhav 7 
OF police of the city of boston. 

Be it enacted, etc., as folloivs: 

Section 1. Section thirteen of chapter two hundred and isoe, 291, § is, 

„ . 1 1 1 1 • ^^'^■' amended. 

ninety-one or the acts 01 nineteen hundred and six, as 
amended by chapter three hundred and eleven of the acts 
of nineteen hundred and nine, is hereby further amended 
by inserting after the word "action", in the tenth line, the 
words : — with the approval of the governor and council, and 
by striking out the words " which shall not exceed five thou- 
sand dollars per annum", in the eleventh and twelfth fines, 
so as to read as follows: — Section 13. Except as authorized ^f''^a°ro^^en* 
by the mayor of said city said commissioner shall not appoint '^^ Boston, etc. 
any greater number of patrolmen than the present board of 
police of the said city is now authorized to appoint, nor shall 
the pay of the members of the police force other than said 
police commissioner and superintendent of police be in- 
creased or diminished, except by the concurrent action of 
said mayor and said police commissioner. The police com- salary of 
missioner may, without such concurrent action, with the of ^0/^1*^610°* 
approval of the governor and council, fix the salary of the 
superintendent of police. Deputy superintendents may be 
appointed from the police force from time to time by said 
police commissioner and they shall not be affected as to their 
selection or appointment by chapter nineteen of the Revised 
Laws or by acts in amendment thereof or by any rules estab- 
lished pursuant thereto. 
Section 2. This act shall take effect upon its passage. 

Approved February 4, 1920. 

An Act relative to the salary of the secretary of Chap. 8 

THE police commissioner FOR THE CITY OF BOSTON. 

Be it enacted, etc., as follmcs: 

Section 1. Section eight of chapter two hundred and etc!'fmeided. 
ninety-one of the acts of nineteen hundred and six, as 



8 



Acts, 1920. — Chap. 9. 



Salary of 
police com- 
missioner of 
Boston and his 
secretary, etc. 



amended by chapter three hundred and seven of the Special 
Acts of nineteen hundred and seventeen, is hereby further 
amended by striking out the words "three thousand dollars", 
in the third line, and substituting the words : — an amount 
which shall be fixed by the police commissioner with the ap- 
proval of the governor and council, — so as to read as fol- 
lows: — Section 8. The annual salary of the police commis- 
sioner shall be eight thousand dollars, and of the secretary 
an amount which shall be fixed by the police commissioner 
with the approval of the governor and council, which shall 
be paid in monthly instalments by the city of Boston. Sub- 
ject to the approval of the governor and council, the police 
commissioner shall be provided with such rooms, which 
shall be suitably furnished, as shall be convenient and suit- 
able for the performance of his duties, the expense of which 
shall be paid by the city of Boston. 
Section 2. This act shall take effect upon its passage. 

Approved February 4, 1920. 



Chap, 9 An Act to authorize the city of fall river to alien- 
ate A PART OF SOUTH PARK, SO-CALLED. 



City of Fall 
River may 
alienate a part 
of South Park, 
so-called. 



Provisos. 



Powers, when 
to be exercised. 



Be it enacted, etc., as follows: 

Section 1. The city of Fall River, acting through its 
board of park commissioners, with the approval of the mayor 
and of the board of aldermen, may, by agreement with any 
adjoining owner, alter the property line at or near the westerly 
end of South Park, so-called, in that city, and for this purpose 
may alienate a part of the land used or held for public parks 
at or near said westerly end, and any or all rights in said 
land: provided, that the lands or rights in land or other con- 
siderations received by the city under such agreement shall, 
in the judgment of the commissioners and of the mayor and 
board of aldermen, be a fair equivalent for the lands or 
rights in land so alienated; and provided, that the frontage 
of South Park on the waters of Mount Hope bay shall not 
thereby be diminished. A deed signed in behalf of the city, 
approved by the board of park commissioners and executed 
by the mayor, shall be a valid execution of the powers hereby 
granted to the city of Fall River. 

Section 2. All powers herein granted shall be exercised 
by the city on or before the first day of January, nineteen 
hundred and twenty-two. Approved February 4, 1920. 



Acts, 1920. — Chaps. 10, 11. 



An Act to establish the salary of the al\yor of Chap. 10 

TALT^ON. 

Be it enacted, etc., as folloivs: 

Section 1. Section thirteen of chapter four hundred and isoo, 448, § is, 
forty-eight of the acts of nineteen hundred and nine is hereby 
amended by striking out the word "twelve", in the first line, 
and inserting in place thereof the word: — twenty-four, — so 
as to read as follows: — Section 13. The salary of the mayor salary of 
shall be twenty-four hundred dollars per annum and the Taunton^ 
salary of each councilman shall be five hundred dollars per established. 
annum. 

Section 2. This act shall take effect upon its acceptance to be sub- 
by the city council of said city, subject to the provisions of TOuncfi,*etc!*^ 
its charter: provided, that such acceptance occurs prior to Prov-iso. 
the thirty-first day of December in the current year. For 
the purposes of said acceptance this act shall take effect 
upon its passage. Approved February 4, 1920. 

An Act relative to the powers and membership of QJiav. 11 

the WORCESTER POLYTECHNIC INSTITLTE. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and fourteen of the ises, 214, §i, 
acts of eighteen hundred and sixty-five, as affected by chapter 
three hundred and five of the acts of eighteen hundred and 
eighty-seven, and as amended by chapter three hundred and 
forty-eight of the acts of nineteen hundred and six, is hereby 
further amended by striking out section one and substituting 
the following : — Section 1 . George F. Hoar, Seth Sweetser, Membership 
their associates and successors, are hereby made a body cor- Poi^I^nfc 
porate, by the name of the Worcester County Free Insti- institute. 
tute of Industrial Science, for the purpose of establishing 
and maintaining in the city of ^Yorceste^, an institution to 
aid in the advancement, development and practical applica- 
tion of science, in connection with arts, agriculture, manu- 
factures, mercantile business and such other kindred branches 
of practical education as said corporation shall determine; 
with all the powers and privileges, and subject to all the 
duties and liabilities set forth in all laws which now are or 
may hereafter be in force, and applicable to such corpora- 
tions. The mayor of the city of Worcester, for the time being, 
shall, ex oSicio, be a member of said corporation, and one 



etc., amended. 



10 



Acts, 1920. — Chaps. 12, 13. 



1892, 77, § 1, 
amended. 



May hold 
additional 
property. 



member shall be appointed by the department of education, 
from time to time, as a vacancy may occur; and said cor- 
poration shall not consist of less than twelve members nor 
more than thirty members at any one time. 

Section 2. Section one of chapter seventy-seven of the 
acts of eighteen hundred and ninety-two is hereby amended 
by striking out the word "two", in the last line, and substi- 
tuting the word : — five, — so as to read as follows : — Sec- 
tion 1. The Worcester Polytechnic Institute is hereby au- 
thorized to receive by gift, devise, bequest or otherwise, and 
to hold and use for the purposes for which said institute was 
incorporated, real and personal estate to an amount not ex- 
ceeding five million dollars. 

Section 3. This act shall take effect upon its passage. 

Approved February 9, 1920. 



Charter of 
Nahant Land 
Company con- 
tinued. 



Chap. 12 An Act to continue the charter of the nahant land 

COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The Nahant Land Company shall continue 
to be a corporation for a further term of fifteen years after 
the expiration of its charter as continued by the provisions of 
chapter one hundred and twenty-one of the acts of nineteen 
hundred and four; and shall, during such further term, have 
the powers and privileges and be subject to the duties, lia- 
bilities and restrictions set forth in its charter and in all 
general laws now or hereafter in force relating to such cor- 
porations. 

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

Approved February 9, 1920. 

Chap. 13 An Act relative to the employment of legal assist- 
ance BY THE police COMMISSIONER FOR THE CITY OF 

boston. 

Be it enacted, etc., as follows: 

Section 1. Section nine of chapter two hundred and 
ninety-one of the acts of nineteen hundred and six is hereby 
amended by striking out the words "thirty-five hundred", 
in the fourth line, and substituting the words : — seven thou- 
sand, — so as to read as follows: — Section 9. Said police 
commissioner may employ such legal assistance as he may 
deem necessary in the performance of his duties, and may 
incur expense therefor to an amount not exceeding seven 



1906, 291, § 9, 
amended. 



Police com- 
missioner of 
Boston may 
employ legal 
assistance, etc. 



Acts, 1920. — Chaps. 14, 15, 16. 11 

thousand dollars in any municipal year, which expense shall 
be paid by the city of Boston upon the requisition of said 
police commissioner. 

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

Approved February 9, 1920. 

An Act to increase the number of superintendents Chap. 14 
OR trustees of smith's agricultural school and 

NORTHL^MPTON SCHOOL OF INDUSTRIES. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and fifty-one of the iqis, isi (S), 
Special Acts of nineteen hundred and eighteen is hereby ^2. amen 
amended by striking out section two and substituting the 
following : — Section 2. The city of Northampton shall an- Number of 
nually at its city election elect by ballot, as provided in said or'trusTeeslff"*^ 
will, tln-ee superintendents, who, together with the mayor fuHuralslhooi 
and superintendent of schools of said city as superintend- ^^ tra'^schooi 
ents ex officiis, shall have the powers of a local board of pf industries 
trustees as provided in section four of chapter four hundred 
and seventy-one of the acts of nineteen hundred and eleven. 
The election of superintendents heretofore made is hereby 
confirmed. 

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

Approved February 9, 1920. 

An Act to continue as a corporation the marblehe.\d QJidp^ 15 

BUILDING ASS0CL\TI0N. 

Be it enacted, etc., as follows: 

Section 1. The ]\Iarblehead Building Association, in- Marbiehead 
corporated by chapter twenty-two of the acts of eighteen ri^iolrfon-^*^ 
hundred and ninety, for a term of thirty years, is hereby con- ^'j^'^^fj^jf^^ 
tinned as a corporation for the further term of thirty years 
from the eleventh day of February in the current year. 

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

Approved February 9, 1920. 

An Act to authorize the sale of certain land held njifj'jj IQ 

BY THE CITY OF WORCESTER FOR PARK AND PLAYGROUND 
PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Worcester may, by a majority city of 

. «/'»' j«/ Worcester may 

vote of its city council, approved by the mayor, sell and con- seii certain 



12 Acts, 1920. — Chap. 16. 

land held for ycy in fee the following described parcels of land, or any part 
ground p\Fr-^^' thcrcof , situatcd in said city, and now held by it for park and 
A'^lrt of playground purposes: — A part of Crompton park, so-called, 

Crompton park, bouudcd as follows: beginning at the intersection of the 
southeasterly line of Harding street and the southerly line of 
Endicott street; thence south thirty-three degrees, thirty- 
six minutes west, by the southeasterly line of Harding street 
two hundred and three and thirty-eight hundredths feet; 
thence south twenty-nine degrees west by the southeasterly 
line of Harding street, two hundred and eighty and twenty- 
three hundredths feet; thence north eighty-eight degrees, 
twenty-nine minutes, thirty seconds east, thirty-eight and 
fifty-seven hundredths feet; thence north thirty-one degrees, 
twenty-nine minutes east, four hundred and seventy-eight 
and forty-nine hundredths feet to the southerly line of 
Endicott street; thence north eighty-two degrees, sixteen 
minutes, thirty seconds west, by the southerly line of Endi- 
cott street, forty and forty-six hundredths feet to the place 
of beginning; containing nineteen thousand and fourteen 
square feet. 
A part of ^ pg^j.^ Qf Kendrick field, so-called, bounded as follows: 

Kendnck field, , ' , i i • • i 

so-called. begiuumg at a copper bolt in a stone monument set in the 

ground at or near the flow line of a once proposed pond, said 
flow line being elevation five hundred and forty-eight and 
ninety-five hundredths feet; said point of beginning being 
also distant two hundred and twenty-five feet north, fifty- 
seven degrees, thirty-three minutes west from a stone monu- 
ment which marks the most southeasterly corner of land 
now or formerly o\saied by the city of Worcester and known 
as Kendrick field; thence north fifty-seven degrees, thirty- 
three minutes west, two hundred and fifteen feet along the 
northerly line of land now owned by Norton Company to 
a point; thence north twelve degrees, twenty-one minutes 
west, eleven hundred and forty-one and tliree tenths feet 
along the easterly line of land owned by the Norton Com- 
pany to a point situated on the southerly line of Norton 
Company's parcel number twenty-six; thence south seventy- 
seven degrees, forty-two minutes east, eighty-three and 
ninety-two hundredths feet to a copper bolt in a stone 
monument set in the ground at or near the flow line of said 
once proposed pond and at land now or formerly of Helen M. 
Stevens; thence in a general southeasterly direction on a 
straight line twelve hundred and sixty feet, more or less, to 
the point of beginning, containing approximately one hun- 



Acts, 1920. — Chaps. 17, 18. 13 

dred and thirty-seven thousand three hundred and twenty- 
five square feet. The said stone monuments are the same 
mentioned in a deed from Edward H. Gleason, trustee, to 
the city of Worcester, dated December tenth, nineteen hun- 
dred and nine, and recorded with Worcester district deeds, 
book nineteen hundred and twenty-two, page two hundred 
and thirteen. 

The prices to be paid for the said land shall be fixed by Prices, how to 
the mayor, the city council and the parks and recreation 
commission of the city, and the money received therefor Proceeds, how 
shall be appropriated and expended for the purchase or *^° ^ ^^^^^ ^ ' 
development of parks and playgrounds in the city. The 
mayor may execute and deliver, on behalf of the city of 
Worcester, such instruments as may be necessary to convey 
said land to the purchasers. 

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

Approved February 9, 1920. 

An Act to authorize the city of fitchburg to retire Qhav 17 

AND pension JULIUS A. METCALF. 

Be it enacted, etc., as follows: 

Section 1. The city of Fitchburg may retire Julius A. CityofFitch- 

-\T If p '11 pii- 1 • 1 D"rg may retire 

Metcali, a foreman m the department of public works, with Ju'ius a. Met- 
an annual pension of not more than seven hundred and 
thirty-six dollars. 

Section 2. This act shall take effect upon its acceptance to be sub- 
by vote of the city council of said city, subject to the pro- ^uncfi^etc'*^ 
visions of its charter: provided, that such acceptance occurs proviso. 
prior to the thirty-first day of December in the current year. 

Approved February 9, 1920. 

An Act to abolish the fee for the registration of Chav 18 

SCHOOL teachers. 

Be it enacted, etc., as follows: 

Chapter seven hundred and thirty-one of the acts of nine- ign, 731, § i, 
teen hundred and eleven, as amended by chapter three hun- ^^'^ - amended. 
dred and sixty-eight of the acts of nineteen hundred and 
thirteen, and by section six of chapter two hundred and 
ninety-two of the General Acts of nineteen hundred and 
nineteen, is hereby further amended by striking out section 
one and substituting the following: — Section 1. Any grad- ^ . t^ationof 
.uate of any high school or normal school in this common- schoolteachers. 



14 



Acts, 1920. — Chaps. 19, 20. 



Proviso, 



No expense for 
registration . 



wealth, or of any other school considered by the department 
of education to be of equal grade, or the graduate of any 
reputable college, provided that such graduate is a person of 
good character, may file an application with the department 
for a position as school teacher. The application shall set 
forth the name, address, and, briefly, the experience and 
qualifications of the applicant. It shall be the duty of the 
department to communicate with the school committees in 
the cities and towns of the commonwealth, and with persons 
who have made application 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 applicant, and without expense to the various 
school committees. Approved February 9, 1920. 



ChaV 19 ^^^ ^^^^ ^^ AUTHORIZE THE CITY OF BROCKTON TO GRANT 
^' AN ANNUITY TO RACHEL ILA.SKELL. 

Be it enacted, etc., as follows: 

City of Section 1. The city of Brockton may pay in weekly 

grTntan" """"^ instalments to Rachel Haskell, for twenty-four years an em- 
SlTnaskeii. ployee of the city and now retired on account of physical 
incapacity, an annuity not exceeding the sum of five hun- 
dred dollars. 

Section 2. This act shall take effect upon its acceptance 
by vote of the city council of said city, subject to the pro- 
visions of its charter: provided, that such acceptance occurs 
prior to the thirty-first day of December in the current year. 

Approved February 9, 1920. 



To be sub- 
mitted to city 
council, etc. 

Proviso. 



Chav 20 ^'^N ^^^ '^^ authorize the city of brockton to pay 

AN annuity to the DEPENDENTS OF JOHN B. GEORGE 
GUYETTE. 

Be it enacted, etc., as follows: 

City of Section 1. The city of Brockton may pay to the widow 

pIy''an°an"Sfty and childrcu of John B. George Guyette, who was killed 
of johrB?"^^ while in the discharge of his duty as a member of its police 
department, an annuity not exceeding seven hundred and 
fifty dollars. The said sum shall be paid in such proportions 
and under such conditions as may be determined from time 
to time by vote of the city council, subject to the approval 
of the mayor. 



George 
Guyette. 



Acts, 1920. — Chaps. 21, 22. 15 

Section 2. This act shall take effect upon its acceptance To be sub- 
by vote of the city council of the said city, subject to the rauncii, etc! ^ 
provisions of its charter: provided, that such acceptance i^roviso. 
occurs prior to the thirty-first day of December in the 
current year. Approved February 9, 1920. 

An Act to authorize the school committee of cam- Chap. 21 

BRIDGE TO PENSION ELIZA M. HUSSEY. 

Be it enacted, etc., as follows: 

Section 1. The school committee of Cambridge may Cambridge 
place upon the pension roll, established under chapter four mluei m^y 
hundred and ninety-eight of the acts of nineteen hundred M^fluggey ^^ 
and eight, Eliza M. Hussey, a former teacher in the public 
schools of the city, with an annual pension not exceeding 
three hundred and fifty dollars. 

Section 2. This act shall take effect upon its acceptance to be sub- 
by vote of the city council of the said city, subject to the TOuncn,*etc!*^ 
provisions of its charter: provided, that such acceptance Proviso. 
occurs prior to the thirty-first day of December in the cur- 
rent year. Approved February 9, 1920. 

An Act to provide for commissioners of public works Chap. 22 

IN THE TOWN OF NATICK. 

Be it enacted, etc., as follows: 

Section 1. Upon the acceptance of this act, as herein- Townof Natick 
after provided, the town of Natick shall at a legal meeting missfonera'^f 
called for the purpose or at the next annual town meeting, p'J''''^ works, 
elect by official ballot three persons vrho shall serve and 
be known as commissioners of public w^orks, and who shall 
hold office for one, two and three years, respectively, from Terms of office. 
the date of the annual town meeting at which they are 
elected, or which follows the special meeting at which they 
are elected. Thereafter one such commissioner shall be 
elected annually at the annual town meeting by official ballot 
to serve for the term of three years therefrom, and until his 
successor is elected and qualified. Any vacancy occurring in vacancies. 
said board of commissioners of public works may be filled 
for the unexpired term by said town at any legal meeting 
called for the purpose. 

Section 2. Upon the election of said commissioners of Boards of 

,|. Ill IP •• 1 water com- 

public works, the boards or water commissioners and sewer missioners and 
commissioners of said town of Natick shall be abolished, and sfraeM^'t^bl^^" 

abolished, etc. 



16 



Acts, 1920. — Chap. 23. 



Contracts, etc. 
not affected. 



To be sub- 
mitted to 
voters, etc. 



thereupon all the powers, rights, duties and liabilities of the 
boards so abolished shall be conferred and imposed upon said 
commissioners of public works hereby created. No con- 
tracts or liabilities, existing at the time of said election, shall 
be affected thereby, but the commissioners of public works 
shall be in all respects and for all purposes whatsoever the 
lawful successors of the said boards of water commissioners 
and sewer commissioners. 

Section 3. This act shall take effect upon its acceptance 
by a majority of the voters of the town of Natick present and 
voting thereon at a legal meeting .called for the purpose ; but 
so much thereof as authorizes its submission as aforesaid 
shall take effect upon its passage. 

Approved February 9, 1920. 



Town of 
Northbridge 
may borrow 
money for im- 
provement of 
its sewerage 
Bystem. 



Northbridge 
Sewer Loan, 
Act of 1920. 



Chap. 23 An Act to authorize the town of northbridge to 

BORROW money FOR THE IMPROVEMENT OF ITS SEWERAGE 
SYSTEM. 

Be it enacted , etc., as follows: 

Section 1. For the purpose of constructing, extending 
and improving its sewage system, and of procuring land and 
rights therefor, the town of Northbridge may borrow from 
time to time a sum not exceeding two hundred and fifty thou- 
sand dollars, in excess of the statutory limit of indebtedness, 
and may issue notes or bonds therefor. Such notes or bonds 
shall bear on their face the words, Northbridge Sewer Loan, 
Act of 1920, and shall be payable by such annual paATQcnts, 
beginning not more than one year after their respective dates, 
as will extinguish each loan within thirty years from its date, 
and the amount of such annual pa^Tnent in any year shall 
not be less than the amount of the principal of the loan pay- 
able in any subsequent year. Each authorized issue of notes 
or bonds shall constitute a separate loan. Said notes or 
bonds shall bear interest at a rate to be fixed by the town 
treasiu-er, with the appro^'al of the selectmen. The town 
may sell the said securities at public or private sale, upon 
such terms and conditions as it may deem proper, but not 
for less than their par value, and the proceeds shall be used 
only for the purposes herein specified. Premiums received 
on loans hereby authorized shall be used as provided by 
general law. 

Section 2. The town shall, at the time of authorizing 
the said loan or loans, provide for the payment thereof in 



Payment of 
loan. 



Acts, 1920. — Chaps. 24, 25. 17 

accordance with the provisions of section one of this act, 
and, when a vote to that effect has been passed, a sum 
sufficient to pay the interest as it accrues on the said notes 
or bonds and to make such pa^nments of the principal as may 
be required by this act, shall, without further vote, be assessed 
by the assessors of the town annually thereafter, in the same 
manner as other taxes, until the debt incurred by the loan or 
loans is extinguished. 
Section 3. This act shall take effect upon its passage. 

Approved February 12, 1920. 



An Act authorizing payments to the trustees of the Qfmj) 24 

soldiers' home in MASSACHUSETTS IN ANTICIPATION OF 
THE .ANNUAL APPROPRIATIONS. 

Whereas, The maintenance of the said Soldiers' Home Emergency 
requires that the first payment authorized hereunder shall ^^^^ 
be made forthwith, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Section 1. The auditor of the commonwealth is hereby state auditor 
authorized to make a payment on or as of December first of ™aTm?nts^o 
each year to the trustees of the Soldiers' Home in Massa- &,M\tre'°Home 
chusetts of an amount equal to one quarter of the appropria- gettslnTn^tki- 
tlon made in the preceding fiscal vear, in anticipation of the patiouof 

, . ■, ^ 1 annual appro- 

annual appropriation by the general court. priations. 

Section 2. The first pajTnent hereunder may be made Time of first 
as of December first, nineteen hundred and nineteen. paymen . 

Approved February 12, 1920. 



An Act to incorporate the wright home for young (JJiap 25 

WOMEN. 

Be it enacted, etc., as follows: 

Section 1. Frank E. Clark and Louis L. Campbell, both The Wright 
of Northampton, and John R. Callahan of Hadley, the sur- Young women 
vivors of the trustees named in the will of Henrietta M. ^'^^°^^°^^^^ ■ 
Wright, late of Northampton, deceased, and their associates 
and successors, are hereby made a corporation by the name 
of The Wright Home for Young Women, to be estabhshed 



18 



Acts, 1920. — Chap. 26. 



Powers. 



Membership. 



May receive 
and take title 
to certain 
property. 



May acquire 
other property. 



in Northampton for the purpose of carr;s'ing into effect the 
trusts and purposes declared in the said will, and said cor- 
poration shall have the powers and be subject to the duties 
and liabilities now or hereafter prescribed by law for such 
corporations. 

Section 2. The said coiporation may elect or appoint 
such officers and employees as from time to time it may 
deem expedient. It may adopt by-laws and establish needful 
regulations, and may do all things deemed necessary or ex- 
pedient to carry out the provisions and objects of the said 
will. 

Section 3. The number of corporate members shall never 
be less than three nor more than seven. Any additional 
members or any successor to said trustees may be elected by 
ballot at any meeting of the trustees. 

Section 4. The said corporation may receive from Frank 
E. Clark, the surviving executor of the will of Henrietta M. 
Wright, all the property accruing to said trust on the settle- 
ment of his final account, and may take title to the real 
estate which is a part of said trust as completely as if ap- 
pointed trustees by the probate court. 

Section 5. The said corporation may acquire other real 
and personal estate by gift, grant, devise or bequest for the 
purposes stated in the said will. 

Approved February 12, 1920. 



Chap. 26 An Act relative to the salaries of the mayor and 

other public officers of the city of BEVERLY. 

Be it enacted, etc., as follows: 

Section 1. Chapter five hundred and forty-two of the 
acts of nineteen hundred and ten, as amended by section one 
of chapter seventy-five of the Special Acts of nineteen hun- 
dred and nineteen, is hereby further amended by striking 
out section fifteen and substituting the following : — Section 
15. The board of aldermen shall by ordinance determine the 
salary of the mayor and of all the officers and employees of 
the city, including the firemen, policemen and city laborers, 
except as otherwise provided herein, and may in like manner 
change the said salaries from time to time, any such change 
to take effect immediately upon the passage of the ordinance, 
but no increase of salary shall be made after July first of any 
municipal year. 



1910, 542, § 15, 
etc., amended. 



Salaries of 
mayor and 
other pubUc 
officers of 
Beverly. 



Acts, 1920. — Chaps. 27, 28. 19 

Section 2. This act shall take effect upon its acceptance To be sub- 
by vote of the city council of said city, subject to the pro- TOuntu.^et"*^ 
visions of its charter: provided, that such acceptance occurs Proviso. 
prior to the thirty-first day of December in the current year. 

Approved February 12, 1920. 



An Act to authorize the town of braintree to borrow QJidj) 27 

MONEY FOR SCHOOL BUILDINGS. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing a new high Town of 
school building or additions to school buildings where such borrow money 
additions increase the floor space, and for the purchase of b°uifdinTs. 
original equipment and furnishings for said building or addi- 
tions, the town of Braintree may borrow a sum not exceed- 
ing three hundred thousand dollars, in excess of the statutory 
limit of indebtedness, and may issue notes or bonds therefor. 
Such notes or bonds shall bear on their face the words, 
Braintree School Loan, Act of 1920, and shall carry such rate Braintree 
of interest as may be fixed by the town treasurer with the Act^S 1920°' 
approval of the selectmen. The notes or bonds shall be 
issued in compliance with the requirements of chapter seven 
hundred and nineteen of the acts of nineteen hundred and 
thirteen, and the amendments thereof, and each authorized 
issue shall constitute a separate loan. Any premiums received 
on the said loans shall be used as provided by general law. 

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

Approved February 13, 1920. 



An Act to provide for the election of supervisors (Jjin^ 28 

OF the model fruit farm in the town of GOSHEN. 

Be it enacted, etc., as follows: 

Section 1. The town of Goshen, for the purpose of Town of 
complying with certain provisions of the will of Spencer elect super- 
William Tilton, late of Goshen, shall annually elect, for the M^d Fruit 
term of one year each, three persons as superAasors of the ^'*^™" 
Model Fruit Farm to be established in the said town. 

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

Approved February 13, 1920. 



20 Acts, 1920. — Chaps. 29. 30, 31, 32. 



Chap. 29 An Act relative to the analysis of liquor by the 

DEPARTMENT OF PUBLIC HEALTH. 

• Be it enacted, etc., as follows: 

5l?uWk^°* The department of public health may decline to make 

dl^UneTo make analvscs of HquoF submitted under the provisions of chapter 
h^uor^ltc^ one hundred and ten ©f the acts of nineteen hundred and two 
or of chapter four hundred and eighty-four of the acts of 
nineteen hundred and fourteen, unless the department is 
satisfied that the analysis is to be used in connection with 
the enforcement of the laws of the commonwealth. 

Approved Febniary 13, 1920. 

Chap. 30 An Act to revr^e the corporation known as whit- 
comb's CONCERT band INC. 

Be it enacted, etc., as follows: 

Co^nceTBand Whitcomb's Couccrt Band Inc., a corporation which was 

Inc. revived, dissolvcd by chapter one hundred and nine of the Special 

Acts of nineteen hundred and eighteen, is hereby revived 

with the same powers, duties and obligations as if the said 

act had not been passed. Approved February 13, 1920. 

Chap. 31 An Act to revive the corporation known as the peer- 
less MACHINERY COMPANY. 

Be it enacted, etc., as follows: 

The Peerless The Pccrless Machinery Company, a corporation which 

Company was dlssolvcd by chapter one hundred and eleven of the 

Special Acts of nineteen hundred and nineteen, is hereby 
revived and continued with the same powers, duties and 
obligations as if the said act had not been passed. 

Approved February 13, 1920. 



revived. 



Chap. 32 An Act to permit the society for the relief of aged 

OR DISABLED EPISCOPAL CLERGYMEN TO EXTEND AID TO 
the widows and children of DECEASED EPISCOPAL 
CLERGYMEN. 

Be it enacted, etc., as follows: 

1846, 110, § 2, Chapter one hundred and ten of the acts of eighteen hun- 

etc, amended. ^^.^^ ^^^^ forty-six, as affected by chapter one hundred and 

sixty-four of the acts of eighteen hundred and eighty-six, is 

hereby amended by striking out section two and substituting 



Acts, 1920. — Chaps. 33, 34. 21 

the f ollow-ing : — Section 2. Said corporation may hold real ^l^f \\ *^| 
and personal estate to an amount not exceeding that allowed or Disabled 
by law, which shall be applied exclusively to the relief of crergymen 
aged, disabled, and indigent clergjTiien of the Protestant ^d^to widows 
Episcopal Church, within what is or shall be known in the orde^c^Jd" 
said church as the diocese of Massachusetts, and the widows ^ergymen 
and children of deceased clergj^men of said diocese. 

Approved February 13, 1920. 

An Act to authorize the city of peabody to incur Chav 33 

INDEBTEDNESS FOR PURCHASING LAND AND FOR CON- 
STRUCTING AND EQUIPPING A HIGH SCHOOL. 

Be it enacted, etc., as follows: 

Section 1. The city of Peabody, for the purpose of pur- city of Pea- 
chasing land and constructing thereon a junior high school or ^^^j. l^debted- 
an addition to the present high school, and for the furnish- ^^J°l i^nd 
ing of the same, may incur indebtedness, in excess of the ^nd for con- 

i.. Tniii structing and 

statutory limit, to an amount not exceeding five hundred equipping a 
thousand dollars, and may issue bonds or notes therefor. 
Such bonds or notes shall be denominated on the face thereof, 
Peabody High School Loan, Act of 1920, shall be signed by Peabody High 
the treasurer of the city and countersigned by the mayor, ^^^l^^' 
and shall bear such rate of interest as may be fixed by the 
treasurer with the approval of the mayor. The bonds or 
notes shall be issued in compliance with the requirements of 
chapter seven hundred and nineteen of the acts of nineteen 
hundred and thirteen and the amendments thereof. Each 
authorized issue of bonds or notes shall constitute a separate 
loan, and any premiums received thereon shall be used as 
provided by general law. 

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

Approved February 17, 1920. 

An Act to authorize the establishment of a reserve QJiav. 34 

POLICE FORCE IN THE TOWN OF FRAMINGHAM. 

Be it enacted, etc., as follcnvs: 

Section 1. The selectmen of the town of Framingham Town of 
may establish therein a reserve police force. Appointments m^^e^tabUsh a 
thereto shall be made by the selectmen in accordance with forc^^ ^^^'^^ 
the rules and regulations established therefor by the division 
of civil ser\4ce. Members of the force may be removed by Removals, 
the selectmen at any time for any reason satisfactory to 



22 



Acts, 1920. — Chaps. 35, 36. 



Powers and 
compensation. 



Appointments 
to regular 
police force to 
be made from 
reserve force, 
etc. 



To be sub- 
mitted to 
voters. 



them, and shall be subject to such rules and regulations as 
the selectmen may prescribe. 

Section 2. The members of the said force shall, when on 
duty, have all the powers of constables and police officers in 
towns, and shall be paid such compensation as the selectmen 
may determine. 

Section 3. All appointments to the regular police force 
in said town shall hereafter be made from the reserve force, 
subject to such rules and regulations as the said di^'ision may 
prescribe, except that ser\'ice on the reserve force for a period 
of six months shall be deemed to be a sufficient probationary 
period under the rules established hereunder. 

Section 4. This act shall take effect upon its acceptance 
by the voters of the town of Framingham at any town meeting 
called for the purpose, but so much of this act as authorizes 
its submission as aforesaid shall take effect upon its passage. 

Approved February 17, 1920. 



Chap. 35 An Act to authorize the town of natick to pay a sum 

of money to the widow of ROBERT W. SPROULE. 

Be it enacted, etc., as follows: 

Section 1. The action of the town of Natick, at a town 
meeting held on October first, nineteen hundred and nineteen, 
in voting to pay the sum of two thousand dollars to Annie 
M. Sproule on account of the death of her husband, Robert 
W. Sproule who was killed while performing his duties as a 
fireman of said town, is hereby made valid, and the town is 
hereby authorized to appropriate and pay the said sum of 
two thousand dollars as if the said vote and appropriation 
had been made after the passage of this act. 

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

Approved February 18, 1920. 



Town of Natick 
may pay a sum 
of money to 
widow of 
Robert W. 
Sproule. 



Chap. 36 An Act to authorize the city of lynn to incur in- 
debtedness for cemetery purposes. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of clearing and grading land 
and making the same suitable for cemetery purposes, the 
city of Lynn may, by vote of its city council, incur indebt- 
edness to an amount not exceeding one hundred thousand 



City of Lynn 
may incur in- 
debtedness for 
cemetery 
purposes. 



Acts, 1920. — Chap. 37. 23 

dollars beyond the statutory limit of indebtedness, and may 
from time to time issue bonds or notes therefor, payable at 
periods not exceeding ten years from the dates of issue, and 
bearing interest at a rate to be fixed by the city treasurer 
with the approval of the mayor. 

Section 2. The city council shall, at the time of au- Payment of 
thorizing any loan hereunder, proN^de for its pajmient in ^°^^' 
such annual pa^Tiients as will extinguish the same within the 
time prescribed by this act, and all issues of bonds or notes 
hereunder shall be in accordance with chapter seven hun- 
dred and nineteen of the acts of nineteen hundred and thir- 
teen and the amendments thereof. 

Section 3. This act shall take effect upon its passage. 

Approved February 18, 1920. 



An Act to provide for uniting the Rutland private QJidjy 37 

SANATORIUM ASSOCIATION AND THE CENTRAL NEW ENG- 
LAND SANATORIUM INCORPORATED. 

Be it enacted, etc., as follows: 

Section 1. The Rutland Private Sanatorium Associa- The Rutland 
tion and The Central New England Sanatorium Incorpo- J^^kim'^AsM^" 
rated, being private corporations incorporated under the xhe Central 
general laws and ha^^ng their principal places of business sanltoHum in 
in the town of Rutland, are hereby authorized to unite in corporated 
one corporation, to be known as The Central New England 
Sanatorium Inc. The union of the two corporations shall be 
made in such a manner and upon such terms as the directors 
of the two corporations may agree upon, and the new cor- 
poration shall come into existence upon the filing of a cer- 
tificate of the union by the directors of the two existing 
corporations with the secretary of the commonw^ealth. The 
new corporation shall assume and be responsible for all the 
debts, obligations and duties of the two existing corporations, 
and shall have all the rights and privileges of charitable cor- 
porations organized under general law. Any gift, devise or 
bequest heretofore or hereafter made to either of the two 
existing corporations shall become the property of the cor- 
poration hereby created. 

Section 2. Except as is otherwise provided herein this Time of taking 
act shall take effect upon its passage. 

Approved February 18, 1920. 



24 Acts, 1920. — Chaps. 38, 39, 40. 



Chap. 38 An Act relative to the computation of dividends or 

INTEREST ON DEPOSITS IN SAVINGS BANKS AND SAVINGS 
DEPARTMENTS OF TRUST COMPANIES. 

Be it enacted, etc., as follows: 

1919, 116 (G), Chapter one hundred and sixteen of the General Acts of 

tion, added. nineteen hundred and nineteen, as amended by chapter three 

hundred and twenty-six of the said General Acts, is hereby 

further amended by adding the following new section : — 

Computation SectioYi 5. In the computation of dividends or interest on 

of dividends or.. .,,...„ . , 

interest on dcposits lu saviugs bauKs, iiistitutions tor savings, and sav- 
sa^wfgs banks iugs departments of trust companies, when the day on which 
departSents of dcposlts bcgiu to draw interest, as provided in their respective 
by-laws or regulations, falls on a Sunday or a legal holiday, 
deposits made on the next succeeding business day and 
remaining on deposit through the balance of the monthly 
period, may be considered as having been on deposit one 
full month, within the meaning of this act. 

Approved February 18, 1920. 



trust com- 
panies. 



Chap. 39 An Act to revive the corporation known as the shaw 

PROPELLER COMPANY. 

Be it enacted, etc., as follows: 

Shaw Pro- The Shaw Propeller Company, which was dissolved by 

feviTed.""^^^"^ chapter one hundred and eleven of the Special Acts of nine- 
teen hundred and nineteen, is hereby revived with the same 
powers, duties and obligations as if the said chapter had not 
been passed. Approved February IS, 1920. 



Chap. 40 An Act relative to payments by municipalities on 

ACCOUNT OF INMATES OF COUNTY TRAINING SCHOOLS. 

Be it enacted, etc., as follows: 

R. L. 46, § 1, The last paragraph of section one of chapter forty-six of 

e c, amen e . ^^ Reviscd Laws, as amended by chapter two hundred and 
fifty-six of the acts of nineteen hundred and two, by section 
five of chapter seven hundred and seventy-nine of the acts 
of nineteen hundred and thirteen, and by section one hun- 
dred and eighty-four of chapter two hundred and fifty-seven 
of the General Acts of nineteen hundred and eighteen, is 
hereby further amended by striking out the words "one 



Acts, 1920. — Chaps. 41, 42. 25 

dollar", in the third and fourth lines of said paragraph and 
substituting the words : — two dollars, — so that said para- 
erraDh will read as follows : — The citv or town from which Payments by 

& i . 1 / n' 1 • • 1 cities and 

an habitual truant, absentee or school onender is committed towns on ac- 
to a county training school shall pay to the county or counties mates of county 
maintaining the same two dollars a week toward his support, llh^is^ 
and reports of the condition and progress of its pupils in said 
school shall be sent each month to the superintendent of 
schools of such city or town; but the town of Winthrop and 
the cities of Revere and Chelsea shall pay to the county of 
Middlesex, for the support of each child committed to the 
training school of said county, two dollars and fifty cents a 
week, and such additional sums for each child as will cover 
the actual cost of maintenance. 

Approved February 18, 1920. 



An Act relative to the powers of the union of italy, (Jhav. 41 

INCORPORATED, SITUATED IN THE CITY OF LAWRENCE. 

Be it enacted, etc., as follows: 

The corporation known as Union of Italy, Incorporated, unTon^of itaiy, 
situated in the city of Lawrence and incorporated under the eXrge'd^*^^'^ 
general laws of Massachusetts, is hereby authorized to acquire 
by purchase, gift, grant, devise or bequest, and to hold, 
manage, mortgage, lease, and otherwise dispose of real or 
personal estate, to an amount not exceeding two hundred 
thousand dollars. All of said property, or the income de- 
rived therefrom, shall be used for the purposes of the said 
society as set forth in its charter or certificate of incorpora- 
tion. Approved February 18, 1920. 



An Act to authorize the town of north attlebor- Chap. 42 

OUGH TO IMPROVE TEN MILE RIVER. 

Be it enacted, etc., as follows: 

Section 1. The town of North Attleborough may deepen. Town of 
widen, and straighten Ten Mile river in the said town, and borough may 
drain and improve the marsh land along the said river in Mife'^nVen^'* 
such manner and to such extent as may be necessary to 
abate the nuisance now existing, to prevent water from said 
river and land from overflowing into the cellars of dwelling 
houses, and generally to improve the sanitary condition of 
the town. The provisions of this act may be carried out by 



26 



Acts, 1920. — Chap. 43. 



May enter upon 
lands, etc. 



Assessment of 
damages, etc. 



Proviso. 



May borrow 
money. 



North Attle- 
borough Ten 
Mile River 
Loan, Act of 
1920. 



the selectmen, or by one or more of the selectmen with other 
citizens, or by other town officers or persons accordingly as 
the town may vote at the annual town meeting in any year, 
or at a special town meeting duly called to take action here- 
under. 

Section 2. The selectmen or the officers or persons 
chosen by the town to carry out the provisions of this act 
may, for that purpose, enter upon any land, and make any 
necessary changes therein, and may divert the course of any 
stream, and may acquire by gift, purchase or right of eminent 
domain, on behalf of the town, any land, or easement or 
interest therein. Damages for any taking of or injury to 
land or other property may be assessed and determined by 
the selectmen, or other officers or persons as aforesaid, and 
any person or corporation aggrieved by their determination 
may have his or its damage assessed by a jury in the manner 
provided by law with respect to damages sustained by the 
laying out of highways: provided, that no suit to recover 
damages shall be brought after the expiration of two years 
from the date of the taking or injury for which damages are 
sought. 

Section 3. For the purpose of carrying out the provisions 
of this act the town may borrow such sums as it may deem 
proper, not exceeding in the aggregate the sum of ten thou- 
sand dollars, and may issue bonds or notes therefor. Such 
bonds or notes shall be denominated on their face, North 
Attleborough Ten I\Iile River Loan, Act of 1920, shall bear 
such rate of interest as may be fixed by the treasurer, with 
the approval of the selectmen, and except as is otherwise 
provided herein, shall be issued and paid in accordance with 
the provisions of chapter seven hundred and nineteen of the 
acts of nineteen hundred and thirteen. Each authorized 
issue shall constitute a separate loan. Any premiums on the 
loans hereby authorized shall be used as provided by general 
law. 

Section 4. This act shall take effect upon its passage. 

Approved February 20, 1920. 



Chap. 43 An Act to authorize the town of bekviont to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 
Town of Bel- Section 1. The town of Belmont, for the purpose of 

mont may . . . .' , , . . ^ ^ , 

borrow money constructmg, lumishmg and equipping additions to tne 



Acts, 1920. — Chap. 44. 27 

Daniel Butler school at Waverlev and the Pavson Park school 1°'' ^'^^°^^ 

i«»T *• rt*^» • purposes. 

at Pavson park, in said town, may issue from time to time, 
outside the statutory limit of indebtedness, bonds or notes 
to an amount not exceeding one hundred and fifty thousand 
dollars. Such bonds or notes shall be denominated on their 
face, Belmont School Loan, Act of 1920, and shall bear such Loi"°"cfo|'°°' 
rate of interest as may be fixed by the town treasurer with i''2o. 
the approval of the selectmen. They shall be issued in com- 
pliance with the requirements of chapter seven hundred and 
nineteen of the acts of nineteen hundred and thirteen, and 
the amendments thereof, and each authorized issue of the 
bonds shall constitute a separate loan. Premiums received 
for the said bonds or notes shall be used as provided by 
general law. 
Section 2. This act shall take effect upon its passage. 

Approved February 20, 1920. 



An Act authorizing the designation by heads of de- fhnj) a a 
part:ments of the commonwealth of persons to per- 
form their duties in certain instances. 

Whereas, The deferred operation of this act would cause Emergency 
delay in the approval of departmental payrolls, therefore it p^^^^^^ie. 
is hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section eleven of Part I of chapter three hundred and '^^^^^ f^. ^j^'* 
fifty of the General Acts of nineteen hundred and nineteen is amended, 
hereby amended by adding at the end thereof the following 
new paragraph : • — Every commissioner or head of a depart- Heads of de- 
ment established by this act whose duties during his absence thlTOmmon- 
or disability are not specifically authorized by this act to be d^ignat^^r- 
performed by another person, may designate another person formfhef/' 
in his department to perform his duties in case of and during duties in cer- 
his absence or disability, but a person so designated shall 
have no authority to make permanent appointments or re- 
movals. Every such designation shall be subject to approval 
by the governor and council, and shall remain in force and 
effect until revoked by the commissioner or head of depart- 
ment or by the governor and council. 

Approved February 20, 1920. 



28 



Acts, 1920. — Chap. 45. 



R. L. 62, § 43, 
etc., amended. 



Sealing of milk 
or cream 
bottles or jars, 
etc. 



Chap. 45 An Act relative to the sealing of milk or cream 

BOTTLES OR JARS BY THE MANUFACTURER. 

Be it enacted, etc., as follows: 

Chapter sixty-two of the Revised Laws, as amended by 
chapter five hundred and thirty-one of the acts of nineteen 
hundred and nine, is hereby further amended by striking 
out section forty-three and substituting the following : — 
Section 43. Glass bottles or jars which are used for the dis- 
tribution of milk or cream to consumers, and which hold, 
when filled to a level with the bottom of the cap or stopple 
or other definite filling point, not less than three ounces and 
seven drams and not over four ounces and two drams; not 
less than seven ounces and six drams and not over eight 
ounces and two drams; not less than fifteen ounces and five 
drams and not over sixteen ounces and four drams; not less 
than thirty-one ounces and four drams and not over thirty- 
two ounces and four drams; not less than forty-seven ounces 
and three drams and not over forty-eight ounces and five 
drams; not less than sixty-three ounces and two drams and 
not over sixty-four ounces and six drams, shall be sealed as 
measures under the provisions of section twenty-one or by 
the manufacturer. All dealers in milk or cream who use 
glass bottles or jars for the distribution of milk or cream to 
consumers, which have not been sealed by the manufacturer, 
shall bring in such bottles or jars to the office of the sealer of 
weights and measures in their respective cities and towns, to 
be sealed as aforesaid; but no fee shall be charged or re- 
ceived for sealing them. If a bottle or jar has once been 
sealed by the sealer of weights and measures or by the man- 
ufacturer, it shall not in any case be necessary to have it 
sealed again at any time while it is used for the distribution 
of milk or cream to consumers. Glass bottles or jars sealed 
under the provisions of this section shall not be legal measures 
except for the distribution of milk or cream to consumers. 
Such bottles or jars as are sealed by the manufacturer shall 
be marked with his name, initials, or trademark; and by any 
other mark which the director of standards may require. 
The sealing of such bottles or jars by the manufacturer shall 
not be held to affect the provisions of law relating to the 
giving of false measure, or the using of a false measure, or 
Certain au- thc having in possession of a false measure with intent to 
revoked!"''^ ^^ usc. The Said director, upon approval by the commissioner 



Certain dealers 
to have con- 
tainers sealed, 
etc. 



Restriction. 



How marked. 



Acts, 1920. — Chaps. 46, 47. 29 

of labor and industry, shall have power to revoke the au- 
thority given by him to any manufacturer under the pro- 
visions of this section upon proof that the authorized seal 
or designating mark has been affixed to any bottle or jar 
which does not conform to the respective capacities provided 
for in this section. Approved February 20, 1920. 

An Act relatrt: to expenditures by executors and Chap. 46 

ADMINISTRATORS FOR THE I]VIPRO^^E]MENT OF BURIAL LOTS 
AND MONL^IENTS. 

Be it enacted, etc., as follows: 

Section twelve of chapter one hundred and fifty of the r. l. i50, § 12, 
Revised Laws is hereby amended by inserting after the ^"^^^ ^'^' 
word "monument", in the second line, the words: — , or for 
the repair, improvement or embellishment of a burial lot 
or monument, — so as to read as follows: — Section 12. A Expenditures 

DV 6XGCutors 

reasonable amount expended for a burial lot and a monu- and adminis- 
ment, or for the repair, improvement or embellishment of a proyementof 
burial lot or monument, may be allowed by the court as part monuments" 
of the funeral expenses of a testator or intestate and the 
court may at any time, upon petition of an executor or ad- 
ministrator, after notice, determine the amount w^hich may 
be expended. Approved February 20, 1920. 

An Act relatrt: to the licensing of outdoor exhibi- Chap. 47 

TIONS ANT) PL^LIC ENTERTAINMENTS. 

Be it enacted, etc., as follows: 

Section one hundred and seventy-six of chapter one hun- R. l. 102, § ire. 
dred and two of the Revised Laws, as amended by chapter 
one hundred and ninety of the acts of nineteen hundred and 
six, is hereby further amended by striking out the said 
section and substituting the following: — Section 176. The Licensing of 
mayor of any city except Boston, and in Boston, the licensing hibitioM and 
board, and the selectmen of any town, may grant a license to tainments!^'^ 
any person to establish, keep open and maintain a skating 
rink to be used for roller skating, carrousels, inclined rail- 
ways, ferris wheels and outdoor exhibitions of fire fighting 
for the amusement of the public, for hire, gain or reward 
upon such terms, conditions and regulations as they deem 
proper, subject to sections one hundred and eighty-six to 
one hundred and eighty-nine, inclusive, as amended, and to 
the provisions of law relating to the observance of the Lord's 
day. Approved February 20, 1920. 



30 



Acts, 1920. — Chap. 48. 



1912, 706, § 4, 
etc., amended. 



Wage boards, 
establishment 
of. 



Chap. 48 An Act relative to the selection of members of wage 

BOARDS. 

Be it enacted, etc., as follows: 

Section four of chapter seven hundred and six of the acts 
of nineteen hundred and twelve, as amended by section one 
of chapter three hundred and sixty-eight of the acts of nine- 
teen hundred and fourteen and by chapter seventy-two of 
the General Acts of nineteen hundred and nineteen, is 
hereby further amended by striking out the said section, 
and substituting the following: — Section If.. If after such 
investigation the commission is of the opinion that in the 
occupation in question the wages paid to a substantial num- 
ber of female employees are inadequate to supply the neces- 
sary cost of living and to maintain the worker in health, 
the commission shall establish a wage board consisting of an 
equal number of representatives of employers in the occu- 
pation in question, and of persons to represent the female 
employees in said occupation, and of one or more disinter- 
ested persons appointed by the commission to represent the 
public; but the representatives of the public shall not exceed 
one half of the number of representatives of either of the 
other parties. The commission shall give notice to employers 
and employees in said occupation by publication or otherwise 
of its determination to establish a wage board and of the 
number of representatives of employers and of employees to 
be chosen therefor, and shall request that said employers and 
employees, respectively, nominate such representatives by 
furnishing names to the commission. The representatives of 
employers and employees shall be selected by the commission 
from names furnished by the employers and by the em- 
ployees, respectively: 'promded, that the same are furnished 
within ten days after the request of the commission; and 
provided, further, that at least twice as many names re- 
spectively are furnished as are required. If less than this 
number of names are furnished for representatives, either of 
employers or of employees, at least one half the names so 
furnished shall be selected, and the remaining places neces- 
sary may be filled by the commission by appointments made 
directly from employers, including officers of corporations, 
associations and partnerships, or from employees in the 
Designation occupatiou, as the case may be. The commission shall desig- 
of^chairman, j^^^^ ^g chairman one of the representatives of the public, 



Notice to 
employers and 
employees, etc. 



Representatives 
of employers 
and employees, 
selection of. 



Provisos. 



Acts, 1920. — Chap. 49. 31 

and shall make rules and regulations governing the selection 

of members and the modes of procedure of the boards, and 

shall exercise exclusive jurisdiction over all questions arising 

with reference to the validity of the procedure and of the 

determinations of the boards. The members of wage boards Compensation. 

shall be compensated at the same rate as jurors, and they 

shall be allowed the necessary travelling and clerical expenses 

incurred in the performance of their duties, these payments 

to be made from the appropriation for the expenses of the 

commission. The commission shall have power to fill a vacancies, how 

vacancy or vacancies arising in a duly constituted wage 

board by appointing a sufficient number of suitable persons 

to complete the representation of the employers, employees, 

or public, as the case may be. 

Approved February 20, 1920. 

An Act relative to the retirement allowance of QJidj) 49 

PUBLIC SCHOOL TEACHERS WHO WERE AT ONE TIME EM- 
PLOYEES OF THE COMMONWEALTH. 

Be it enacted, etc., as foUoivs: 

Section six of chapter eight hundred and thirty-two of the i9i3, 8.32, § 6, 
acts of nineteen hundred and thirteen, as amended by sec- amended. 
tion two of chapter one hundred and ninety-seven of the 
General Acts of nineteen hundred and fifteen, is hereby 
further amended by striking out paragraph (7) and substi- 
tuting the following: — (?) In determining the retiring al- lo^*^^^™®"* *'" 
low^ance of a member of the retirement association who was public school 
regularly employed by the commonwealth prior to June first, ^ve^e at one 
nineteen hundred and twelve, or as a teacher in the public o"the Tommcm- 
schools of the commonwealth prior to July first, nineteen ^^^'*'^'^- 
hundred and fourteen, credit shall be given in the manner 
provided for by paragraph (5) of this section, and amend- 
ments thereof, for all periods of employment by the com- 
monwealth and of service as a teacher in the public schools, 
if such service is fifteen years or more, not less than five of 
which shall immediately precede retirement: provided, that Proviso, 
this paragraph shall not apply to any person who had the 
option of joining the retirement association established by 
chapter five hundred and thirty-two of the acts of nineteen 
hundred and eleven and did not become a member thereof. 
Such rules as the retirement board may adopt under the pro- Certain rules 
visions of paragraph (3) of section seven of said chapter eight fmlmLnloT°" 
hundred and thirty-two, as revised by section nineteen of ^pTy^etc!*' 



32 



Acts, 1920. — Chap. 50. 



chapter two hundred and ninety-two of the General Acts of 
nineteen hundred and nineteen, governing the reinstatement 
of members of the retirement association, shall apply to a 
person becoming a member thereof after July first, nineteen 
hundred and twenty, who shall have withdrawn any sum from 
the retirement association established by said chapter five 
hundred and thirty-two. Approved February 20, 1920. 



1914, 494, § 1, 
amended. 



Teachers em- 
ployed by 
Boston in voca- 
tional schools 
may become 
members of 
state teachers' 
retirement as- 
sociation, etc. 



Chap. 50 An Act relative to the retirement pensions of 

TEACHERS EMPLOYED BY THE CITY OF BOSTON IN CON- 
TINUATION SCHOOLS. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter four hundred and 
ninety-four of the acts of nineteen hundred and fourteen is 
hereby amended by striking out the words "and of chapter 
eight hundred and five of the acts of the year nineteen hun- 
dred and thirteen", in the fifth and sixth lines, so as to read 
as follows: — Section 1. Teachers employed by the city of 
Boston prior to the thirtieth day of June, nineteen hundred 
and fourteen, in schools operating under the provisions of 
chapter four hundred and seventy-one of the acts of the 
year nineteen hundred and eleven, may become members of 
the teachers' retirement association, as established by chapter 
eight hundred and thirty-two of the acts of the year nineteen 
hundred and thirteen, in the manner prescribed by paragraph 
(2) of section three of said chapter; and all teachers em- 
ployed in the said schools for the first time after the first day 
of July, nineteen hundred and fourteen, shall thereby become 
members of the said retirement association as prescribed by 
paragraph (1) of said section three. 

Section 2. A teacher now employed in a continuation 
school conducted under chapter three hundred and eleven of 
the General Acts of nineteen hundred and nineteen, who is a 
member of the retirement association established by chapter 
eight hundred and thirty-two of the acts of nineteen hundred 
and thirteen, shall by making application in wTiting to the 
state teachers' retirement board before July first, nineteen 
hundred and twenty, continue to be a member thereof until 
he leaves the continuation school service. 

Section 3. All teachers employed by the city of Boston 
in continuation schools conducted under said chapter three 
hundred and eleven, shall be subject to chapter two hundred 



Teachers em- 
ployed in cer- 
tain continua- 
tion schools 
may continue 
to be members 
of state 
teachers' re- 
tirement as- 
sociation. 



Teachers em- 
ployed by 
Boston in cer- 
tain continu- 
ation schools 



Acts, 1920. — Chap. 51. 33 

and thirty-seven of the acts of nineteen hundred and to to be members 
chapter five hundred and eighty-nine of the acts of nineteen teachers- re- 
hundred and eight, except teachers who under section two of ciat^n"exSpt. 
this act continue to be members of the retirement association ®**'" 
established by said chapter eight hundred and thirty-two. 

Section 4. Any member of the retirement association Refund of con- 
estabhshed by said chapter eight hundred and thirty-two certain°(^ses. 
who becomes subject to said chapter two hundred and 
thirty-seven and said chapter five hundred and eighty-nine, 
shall be entitled to a refund of his contributions as provided 
by paragraph (1) of section seven of said chapter eight hun- 
dred and thirty-two, as amended by section three of chapter 
one hundred and ninety-eight of the General Acts of nineteen 
hundred and fifteen and by section nineteen of chapter two 
hundred and ninety-two of the General Acts of nineteen 
hundred and nineteen. 

Section 5. All service rendered by a teacher in a school del^^by^"' 
established by the city of Boston under the provisions of Bos^to^'^c'n 
chapter eight hundred and five of the acts of nineteen hundred tinuation 
and thirteen, shall, for the purposes of said chapter two hun- to be con- 
dred and thirty-seven and of said chapter five hundred and c'ertaL pu'r- 
eighty-nine, be considered as public school service rendered ^°^^^" 
to the city of Boston. Approved February 20, 1920. 



An Act relatr^e to the issue of securities to provide (Jhav 51 

SUITABLE recognition FOR THOSE RESIDENTS OF MASSA- 
CHUSETTS WHO SERVED IN THE WAR WITH GERMANY. 

Whereas, A delay in the taking effect of this act would Emergency 
cause needless expense to the commonwealth and great in- 
convenience in the issue of notes and bonds to carry out the 
purposes of chapter two hundred and eighty-three of the 
General Acts of nineteen hundred and nineteen, therefore it 
is hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. The treasurer and receiver-general, with the Treasurer and 
approval of the governor, max issue bonds or notes under and receiver-general 

{■ . ■, . . p \ niay issue 

subject to the pro\asions of chapter two hundred and eighty- bonds or notes 
three of the General Acts of nineteen hundred and nineteen, payment of "^ 
except in so far as said provisions are herebv modified, for a fofdiVs^liiiors 
term not exceeding five years from the fifteenth day of July, et"*! '^"^°''' 



34 



Acts, 1920. — Chap. 52. 



May issue 
temporary 
notes, etc. 



Term, etc. 



Repeal. 



nineteen hundred and nineteen, subject to the general laws 
of the commonwealth providing for the issue of serial bonds 
or notes, to mature at such time and in such amounts as 
will best conserve the special revenue which must be levied 
in the form of taxes to meet the obligations assumed in pur- 
suance of said chapter. At any time prior to the issue of 
said bonds or notes the treasurer and receiver-general, with 
the approval of the governor, may issue temporary notes 
from time to time in order to defer the issue of such bonds 
or notes, or, in lieu of any issue of serial bonds or notes, for 
the purpose of redemption of temporary notes previously 
issued under the provisions of chapter three hundred and 
seven of the General Acts of nineteen hundred and nineteen, 
or of any temporary notes which may be issued under the 
provisions of this act, at such times within said term of five 
years and in such amounts as shall be deemed best for the 
interest of the commonwealth. All temporary notes issued 
under the provisions of this act shall be for the term of not 
more than one year, and not less than three million dollars 
of the said notes shall be paid each year from the revenue of 
the commonwealth derived from the civilian war poll tax 
levied in accordance with the provisions of section nine of 
said chapter two hundred and eighty-tlu-ee of the General 
Acts of nineteen hundred and nineteen, or from other special 
revenue provided by the assessment of taxes under the pro- 
visions of chapters two hundred and eighty-three and three 
hundred and forty-two of the General Acts of nineteen hun- 
dred and nineteen. 

Section 2. Chapter three hundred and seven of the 
General Acts of nineteen hundred and nineteen is hereby 
repealed, but without affecting the validity of any securities 
issued thereunder. Approved February 24, 1920. 



Chap. 52 -"^^' -"^CT RELATIVE TO THE FIRST UNIVERSALIST SOCIETY OF 

MIDDLETON. 

Be it enacted, etc., as follows: 

Certain officers Section 1. Tlic surviviug oflSccrs clcctcd by the First 
universaUst Uuiversalist Society of Middleton at a meeting held on the 
Middietonmay Seventeenth day of October, nineteen hundred and seven, 
dert a treas- ^^.^ }igj.gby autliorizcd to clcct a treasurer of the society. 

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

Approved February 25, 1920. 



Acts, 1920. — Chaps. 53, 54, 55. 35 



An Act relative to the interest rate on certain Chap. 53 

SECURITIES OF THE CITY OF LYNN. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter one hundred and i^if 'amended. 
seventy-four of the Special Acts of nineteen hundred and 
sixteen is hereby amended by striking out the words "not 
exceeding four per cent per annum ", in the sixth Hne, and 
substituting the words : — to be fixed hy the treasurer of the 
city with the approval of the mayor, — so as to read as fol- 
lows: — Section 4- The cost of establishing and equipping interest rate 
the said school shall be paid by the city of Lynn, and for fs^J'ed'by city 
this purpose the municipal council is hereby authorized to eltabiTs'hSent 
issue bonds of the cit^' to an amoimt not exceeding twentv of ^5 independ- 

, iiiii>' 1- i' ^'^t Industrial 

thousand dollars, tor terms not exceeding ten years, and at shoemaking 
a rate of interest to be fixed by the treasurer of the city 
with the approval of the mayor, payable semi-annually. 
The bonds shall be issued and shall be payable in accord- 
ance A\'ith the prox-isions of chapter seven hundred and 
nineteen of the acts of the year nineteen hundred and thir- 
teen. Each authorized issue of bonds hereunder shall con- 
stitute a separate loan. 
Section 2. This act shall take effect upon its passage. 

Approved February 25, 1920. 

An Act to authorize the city of chelsea to sell a fhrjj. r.A 
certain parcel of land. ^' 

Be it enacted, etc., as follows: 

Section 1. The citv of Chelsea mav sell a parcel of ^'^^ "^S^"^^ 

111.1 £> ^ p -r . ' may sell a cer- 

land which was formerly a part of Lmon Park m that city tain parcel of 
and is bounded by land of the Boston and Albany Railroad 
Company, by Arlington street and by Beach street, the pro- 
ceeds of the sale to be paid into the treasury of the city and 
to be used solelj' for park purposes. 

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

Approved February 25, 1920. 

An Act to authorize the purchase of books contain- Chav. 55 
ing portraits and biographical sketches of mem- 
bers of the general court. 

Whereas, The deferred operation of this act would defeat Emergency 
its purpose to render available for immediate use at the p'''^™^'®- 



36 



Acts, 1920. — Chap. 56. 



present session of the general court the vohime hereby pro- 
Anded for, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 



Purchase of 
books contain- 
ing portraits, 
etc., of mem- 
bers of general 
court au- 
thorized. 



Be it enacted, etc., as follows: 

The clerk of the senate and the clerk of the house of repre- 
sentatives may annually purchase three hundred and twenty 
copies of a book containing portraits and biographical 
sketches of members of the general court and other state 
elective officers, lists of committees and such other informa- 
tion as the said clerks may appro\-e. One copy of the book 
shall be furnished to each member of the general court, and 
the other copies shall be distributed as the committees on 
rules of the senate and house of representatives may direct. 
The said clerks may annually expend for this purpose a sum 
not exceeding twelve hundred dollars, to be paid from such 
appropriations as may be made for the necessary expenses of 
the general court. Approved February 25, 1920. 



Retirement 
pensions of 
persons prin- 
cipally em- 
ployed as 
teachers in 
public schools 
but also em- 
ployed by the 
common- 
wealth. 



Chap. 56 An Act REL.\Tn'E to the retirement pensions of 

PERSONS employed IN THE PUBLIC SCHOOLS AND ALSO 
BY THE COMMONT^^ALTH. 

Be it enacted, etc., as follows: 

Section 1. A person who is principally employed as a 
teacher in the public schools but who is also employed by 
the commonwealth shall, if a member of the retirement 
association established by chapter eight hundred and thirty- 
two of the acts of nineteen hundred and thirteen, paj^ assess- 
ments to the annuity fund established by paragraph (2) of 
section five of said chapter, as amended by sections one hun- 
dred and eleven and one hundred and twelve of chapter two 
hundred and fifty-seven of the Genefal Acts of nineteen hun- 
dred and eighteen, based on the total salary received for 
service as a public school teacher and for emploj'ment by 
the commonwealth: provided , that the annual assessment of 
such a member shall not exceed one hundred dollars. 

Section 2. A person who is principally employed by the 
commonwealth but who is also employed in the public schools 
shall not be a member of the retirement association estab- 
lished by said chapter eight hundred and thirty-two, but 
shall be subject to chapter five hundred and thirty-two of 



Proviso. 



Retirement 
pensions of 
persons princi- 
pally employed 
by the com- 
monwealth but 
also employed 
in public 
schools. 



Acts, 1920. — Chap. 57. 37 

the acts of nineteen hundred and eleven, and if a member 
of the retirement association for state employees shall pay- 
assessments to the annuity fund established by said chapter 
five hundred and thirty-two based on the total salary received 
for service rendered to the commonwealth and for employ- 
ment as a public school teacher : provided, that a person who Proviso, 
receives more than thirty dollars weekly in salary or wages 
shall not be assessed on the excess above that amount. 

Section 3. Assessments under this act shall be deducted bfScted *" 
from salary or other compensation in accordance with the from salary, 
rules and regulations prescribed by the respective retirement 
boards having jurisdiction. Approved February 25, 1920. 

An Act to authorize the second parish in the town QJiq^^ 57 
of worcester and the church of the unity in 
worcester to unite. 

Be it enacted, etc., as follows: 

Section 1. The Second Parish in the Town of Worcester, The second 
incorporated by chapter eighteen of the acts of seventeen Town o7 
hundred and eighty-seven, and The Church of the Unity in ThrchurclTof 
Worcester, incorporated under the general law in the year vvorclster may 
eighteen hundred and forty-six, are hereby authorized to •^'^i^e. 
unite whenever the members of said corporations by a ma- 
jority vote of those present and voting at meetings called for 
the purpose shall so vote, and upon the passage of said 
votes The Church of the Unity aforesaid shall become a part 
of The Second Parish in the Town of Worcester. 

Section 2. Upon the passage of the said votes, the Property, 

PI' • •! , 1 • 1 J. ^ rights, etc., to 

iranchises, powers, privileges, property and rights 01 every vest, etc. 
kind belonging to The Second Parish in the Town of Worces- 
ter and to The Church of the Unity aforesaid, shall vest in 
and be possessed and enjoyed by The Second Parish in the 
Town of Worcester, and it shall assume and be subject to all ^abmti^fo 
the duties and liabilities of both said corporations. be assumed. 

Section 3. All property, whether real or personal, be- Trust property 
longing to or held in trust by either of said corporations, or *" '''®^*' ®*''' 
by their trustees or standing committees, and all gifts to 
either of said corporations, or to their trustees or standing 
committees, and all gifts to either of them in trust or other- 
wise, shall vest in The Second Parish in the Town of Worces- 
ter, to be held upon the same, or as nearly as possible upon 
the same trusts, as said trust property is now held. Any and J^^^^ts ratified, 
all trusts created by or for The Church of the Unity afore- 



38 



Acts, 1920. — Chap. 58. 



Trust property, 
how applied, 
to be deter- 
mined by 
Supreme Ju- 
dicial Court. 



Certain con- 
veyance rati- 
fied. 



Income limited. 



Membership. 



Records, books, 
etc. 



Certified copies 
of votes re- 
corded in reg- 
istry of deeds 
to be evidence 
of union. 



said are hereby ratified and confirmed, and shall have force 
and effect according to their terms. In case of doubt as to 
the precise manner or proportion in which said trust property 
or the income thereof shall be applied or di\dded, the matter 
may be determined by the supreme judicial court, upon 
application of any person interested, or of tlie attorney- 
general, and, until said court shall otherwise order, said 
trust property and the income thereof shall be applied and 
divided in accordance with the terms of the original trusts, 
or as nearly as possible in accordance therewith. 

Section 4. The conveyance of tlie church property of 
The Church of the Unity, on Elm street in Worcester, is 
hereby ratified, and the title so given by deed dated Sep- 
tember twenty-third, nineteen hundred and nineteen, is 
hereby confirmed. 

Section 5. The income of the property of The Second 
Parish in the Town of Worcester, including the income of the 
gifts, grants, bequests and devises made to or for the use of 
either of the said corporations, shall not exceed ten thousand 
dollars a year, exclusive of the income of any parsonage 
land granted to or for the use of the ministry. 

Section 6. Upon the passage of said votes all persons 
who are then members of said corporations shall become 
members of The Second Parish in the Town of Worcester. 

Section 7. The records and other books and papers of 
said corporations shall be the property of The Second Parish 
in the Town of Worcester. Certified copies of the votes 
aforesaid agreeing to the union authorized by this act, sworn 
to by their respective clerks, and recorded in the Worcester 
district registry of deeds of the county of Worcester, shall 
be sufficient evidence of the union of said corporations. 

Approved February 25, 1920. 



Chav. 58 ^^^ ^^"^ '^^ authorize the American unitarian associa- 
tion TO HOLD additional PROPERTY. 



American 
Unitarian Asso- 
ciation may 
hold additional 
property. 



Be it enacted, etc., as folloivs: 

The American Unitarian Association, which was incor- 
porated by chapter forty-two of the acts of eighteen hundred 
and forty-seven, may take and hold real and personal prop- 
erty to an amount not exceeding ten million dollars, anything 
in the charter of the said association or in any law of the 
commonwealth to the contrary notwithstanding. 

Approved February 25, 1920. 



Acts, 1920. — Chaps. 59, 60, 61. 39 



An Act to authorize the town of brookline to appro- Chap. 59 

PRIATE MONEY FOR BAND CONCERTS, 

Be it enacted, etc., as follows: 

Section 1. The town of Brookline may at any town Town of 
meeting appropriate a sum of money, not exceeding fifteen aj^ophat™'*^ 
hundred dollars, to be expended for public band concerts or baTd^n^rts. 
for music furnished for public celebrations. 

Section 2. This act shall take effect upon its acceptance To be sub- 
by the town of Brookline at a town meeting called for the ™oters, etc. 
purpose, but for the purpose of such acceptance, shall take 
effect upon its passage. Approved February 25, 1920. 



An Act relative to firemen of the city of boston Qfidj) QQ 

WHO ARE pensioned ON ACCOUNT OF DISABILITY. 

Be it enacted, etc., as follows: 

Section 1. If a fireman of the city of Boston is in receipt Pensions of 
of a pension on account of disability by reason of injuries filSnen to °*'*"* 
sustained in the performance of his duties, he shall, at the ^mty haT 
discretion of the fire commissioner, submit to a re-examina- ceased, etc. 
tion by a physician designated by the commissioner, and 
if the disability has ceased, or, if the fireman fails to submit 
to the said re-examination, his pension shall cease. 

Section 2. The fire commissioner mav, in an emergency, Fire commis- 

,, 'in p i" , ' sioner may 

call upon any pensioned hreman tor such temporary ser\^ce caii upon pen- 

,11 ,' .1 iiij e 11* sioned firemen 

m the department as he may be able to perform, and durmg for temporary 
such ser\dce the fireman shall be entitled, in lieu of his ^®'^<=®' ^^'^^ 
pension, to the full pay of the position to which he is tem- 
porarily appointed, and upon the termination of such service 
the fireman shall again receive his former pension. 

Section 3. This act shall take effect upon its passage. 

Approved February 26, 1920. 



An Act relative to the tenure of office of the treas- Cliav- 61 

URER AND TAX COLLECTOR OF THE CITY OF WOBURN. 

Be it enacted, etc., as follows: 
Section 1. The citv council of the city of Woburn shall. Tenure of 

icT " 11 •• I'll' onice of 

m the month of Januarv, elect by a maiority vote of all its treasurer and 

1 « . « .| ,1 11 , tax collector of 

members tor a term ot three years a treasurer, and a collector city of wobum. 
of taxes who may be the treasurer, who shall hold office from 



40 



Acts, 1920. — Chap. 62. 



To take oath 
of office. 



Removal. 



Vacancies, 
how filled. 



Officials elected 
in January, 
1920, to serve 
for three years. 



Repeal. 



To be sub- 
mitted to city 
council, etc. 



Proviso. 



the first Monday of the follo\\T[ng February and until their 
successors are chosen and qualified. Before assuming office 
the persons elected shall take and subscribe before the mayor 
or city clerk, or a justice of the peace, an oath or affirmation 
faithfully to perform their duties, which oath or affirmation, 
or a certified copy thereof, shall be filed in the office of the 
city clerk. The said treasurer and collector may be removed 
at any time by the city council for any cause deemed by it 
sufficient by a tvvo thirds vote of all its members. Any 
vacancy in the said offices shall be filled by election by the 
city council, and the person elected to fill the vacancy shall 
hold office for the remainder of the term for which his pred- 
ecessor was elected. The treasurer and the collector of taxes 
shall perform such duties and exercise such powers as may 
be prescribed by ordinance, and as are imposed by law upon 
them. 

Section 2. The city treasurer and the collector of taxes 
elected by the city council in January nineteen hundred and 
twenty shall serve for tlu'ee years in accordance with the pro- 
visions of this act. 

Section 3. So much of section fourteen of chapter one 
hundred and se^'enty-two of the acts of eighteen hundred and 
ninety-seven as is inconsistent herewith is hereby repealed. 

Section 4. This act shall take effect upon its acceptance 
by \'ote of the city council of the said city, subject to the pro- 
visions of its charter: provided, that such acceptance occurs 
prior to the thirty-first day of December in the current year. 

Approved February 26, 1920. 



Chap. 62 An Act to authorize the city of boston to pay a sum 

OF MONEY to the WIDOW OF ATLAS SKINNER. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston may pay to the widow of 
Atlas Skinner, late an employee of the public buildings de- 
partment of the city, a sum of money equal to the wages 
which he would have received had he lived and continued to 
hold his position in said department until February first, 
nineteen hundred and twenty. 

Section 2. This act shall take effect upon its acceptance 
by vote of the city council of the said city, subject to the 
provisions of its charter: provided, that such acceptance 
occurs prior to the thirty-first day of December in the 
current year. Approved February 26, 1920. 



Citj' of Boston 
may pay a sum 
of money to 
widow of 
Atlas Skinner. 



To be sub- 
mitted to city 
council, etc. 



Proviso. 



A.CTS, 1920. — Chaps. 63, 64, 65. 41 



An Act relative to the election of chief engineer Chap, 63 

OF THE fire department AND BUILDING INSPECTOR OF 
THE CITY OF GLOUCESTER. 

Be it enacted, etc., as follows: 

Section 1. During the month of January in the year Election of 
nineteen hundred and twenty-one and every third year of fire^'dlpTit- 
thereafter, there shall be elected by the municipal council of ™iS?ding1n- 
the city of Gloucester, in the manner provided in its charter, oroioucister^ 
a chief engineer of the fire department of the city who shall 
also be the building inspector. He shall hold office for three 
years from the date of his election and until his successor is 
chosen and qualified. 

Section 2. So much of section fourteen of chapter two Repeal, 
hundred and forty-six of the acts of eighteen hundred and 
se^•enty- three and acts in amendment thereof and in addition 
thereto as is inconsistent here'^'ith is hereby repealed. 

Section 3. This act shall be submitted to the voters of "^9 be sub- 

a y-~,i 1 1 • • 1 mitted to 

the City of Gloucester at the state election m the current voters, etc. 
year and shall take effect upon its acceptance by a majority 
of the voters voting thereon. 

Approved February 26, 1920. 

An Act to authorize the city of lynn to pay a sum QJiaj), 64 

OF MONEY TO THE WIDOW OF WALTER C. BLOSSOM. 

Be it enacted, etc., as follows: 

Section 1. The citv of Lynn may pav to the widow of City of Lynn 
, / ' . , 'p 1 "^ 1 1-11 "^^y p^y ^ ^^""^ 

Walter C. Blossom, the remainder oi the salary wmch he of money to 

would have received for the year nineteen hundred and Waiter c. 
nineteen, as a member of the fire department, had he lived °^^°'"- 
and served throughout that year. 

Section 2. This act shall take effect upon its acceptance xo be sub- 
by vote of the city council of the said city, subject to the TOuncii*etc.*^ 
provisions of its charter: provided, that such acceptance Proviso, 
occurs prior to the thirty-first day of December in the cur- 
rent year. Approved February 26, 1920. 

An Act to authorize the city of lynn to pay a pen- QfiQj) 55 

SION TO H.\RRIET S. MATTHEWS. 

Be it enacted, etc., as follows: 

Section 1. The city of Lynn may pay to Harriet S. ^ay Sn^siSf 
Matthews, for forty-three years in the service of its public ^^tthew^' 



42 



Acts, 1920. — Chaps. 66, 67, 68. 



To be sub- 
mitted to city 
council, etc. 

Proviso. 



library, and for twelve years librarian, an annual pension so 
long as she lives, not exceeding one half of the compensation 
which she received during the last year of her service. 

Section 2. This act shall take effect upon its acceptance 
by vote of the city council of the said city, subject to the pro- 
visions of its charter: provided, that such acceptance occurs 
prior to the thirty-first day of December in the current year. 

Approved February 26, 1920. 



Chap. 66 An Act to authorize the city of boston to dispose 

OF the warren cemetery. 

Be it enacted, etc., as follows: 

Section 1. The cemetery trustees of the city of Boston 
may, with the approval of the maj'or, sell and dispose of, 
alienate or appropriate to any other use a tract of land 
known as the Warren cemetery in that city, formerly used 
as the Kearsarge burial ground, in which there are no remains. 

Section 2. This act shall take effect upon its acceptance 
by vote of the city council of the said city, subject to the pro- 
visions of its charter: provided, that such acceptance occurs 
prior to the thirty-first day of December in the current year. 

Approved February 26, 1920. 



City of Boston 
may disp)ose of 
Warren 
cemetery. 



To be sub- 
mitted to city 
council, etc. 



Proviso. 



Chap. 67 An Act relative to the appointment of john Stephen 

HYLAND AS A MEMBER OF THE POLICE FORCE OF THE CITY 
OF NEW BEDFORD. 

Be it enacted, etc., as follows: 

The mayor and aldermen of the city of New Bedford may 
appoint as a member of the police force of that city John 
Stephen Hyland, notwithstanding the fact that he is a fraction 
of an inch under the height required by the civil service reg- 
ulations for police officers, the said Hyland ha\'ing served in 
the war with Spain and also in the war with Germany. 

Approved February 26, 1920. 



Appointment 
of John 
Stephen 
Hyland as 
member of 
New Bedford 
police force. 



Chap. 68 An Act relative to the annuities payable to the 
WIDOWS and children of certain deceased police- 
men AND firemen of THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

1919,93(8), § 1, Chapter ninety-three of the Special Acts of nineteen hun- 

amended. iii. -i i iii •!• 

dred and nineteen is hereby amended by striking out section 



Acts, 1920. — Chaps. 69, 70. 43 

one and substituting the following: — Section 1. Annuities ^^^^^^°^^ . 
payable to the widows and children of deceased policemen able to widows 
and firemen of the city of Boston, under the provisions of certain deceased 
chapter one hundred and seventy-eight of the acts of eighteen E^ernX'S ''° 
hundred and eighty-seven or of section two of chapter one B«'st«"- 
hundred and seven of the acts of eighteen hundred and 
eighty, shall be in such sums, not exceeding six hundred dol- 
lars; as the city council may determine. 

Approved February 26, 1920. 



An Act to authorize the city of new Bedford to dis- (Jjidji gg 

POSE OF THE sewage FROM A PART OF THE TOWN OF DART- 
MOUTH. 

Be it enacted, etc., as follows: 

Section 1. The city of New Bedford may allow the City of New 
town of Dartmouth to connect sewers that may be built in dilpo°eof°'*^ 
that part of the towTi where the topography renders the city plTtlTf to*^ of 
of New Bedford the natural drainage point for the same, Dartmouth. 
\\'ith the sewer system of New Bedford, in a manner approved 
by the proper officials of the city, and may charge for this 
service such amounts as shall be agreed upon by the city 
and to^vn. 

Section 2. This act shall take effect upon its acceptance to be sub- 
by vote of the city council of the said city in accordance with council, etc. 
the provisions of its charter: provided, that such acceptance Proviso. 
occurs prior to the thirty-first day of December in the cur- 
rent year. Approved February 26, 1920. 



An Act establishing a board of license commissioners Qjiav, 70 
IN the city of quincy. 

Be it enacted, etc., as follows: 

Section 1. There is herebv established in the city of ,^f!fi'l°^„„ 

^ ^ ^ «^ license com- 

Quincy a board of license commissioners to consist of the missioners in 
citv oi wumcv 

city clerk of the city and the chiefs of the police and fire established. 
departments all of whom shall serve without extra compen- 
sation. 

Section 2. All authority to grant licenses and permits Extent of 
and, except as is hereinafter proxided, to suspend and re- ^" °" ^' 
voke the same, now or hereafter vested by law in the mayor 
and city council of said city or in the mayors and city coun- 
cils and boards of aldermen of cities of the commonwealth, 



44 



Acts, 1920. — Chap. 71. 



Proviso. 



Persons whose 
licenses are re- 
voked may 
appeal to city 
council, etc. 



City council to 
retain certain 
authority. 



Rules, etc., not 
to be incon- 
sistent with 
laws or 
ordinances. 



To be sub- 
mitted to city 
council, etc. 

Proviso. 



except the authority to grant licenses for the sale and trans- 
portation of intoxicating liquors and permits to public service 
corporations for locations in the streets and ways of the city 
for any purpose, shall hereafter be exercised exclusively by 
said board of license commissioners: provided, that nothing 
herein shall affect the authority of the director of the di\'ision 
of fire prevention of the department of public safety succeed- 
ing to the powers of the fire prevention commissioner for the 
metropolitan district. 

Section 3. A person whose license is revoked by said 
board of license commissioners may appeal to the city coun- 
cil of said city by filing said appeal in WTiting with the clerk 
of the city council within seven days after such revocation. 
The action of the city council confirming or vacating such 
revocation shall be final. 

Section 4. The city council of said city shall retain all 
authority which it now possesses or which is hereafter granted 
to it, or to cities generally, to establish ordinances relating to 
the manner in which the holder of any such license or permit 
may exercise the rights granted thereunder. The board of 
license commissioners shall not establish any rules or regu- 
lations relating to licenses or permits inconsistent with the 
provisions of any law of the commonwealth or any ordinance 
of the city of Quincy. 

Section 5. This act shall take effect upon its acceptance 
by vote of the city council of the city of Quincy, subject to 
the provisions of its charter: provided, that such acceptance 
occurs prior to the thirty-first day of December in the cur- 
rent year. For the purposes of such acceptance, this act shall 
take effect upon its passage. 

Approved February 26, 1920. 



Chap. 71 An Act confirming certain excess payments to jurors 

IN the county of ESSEX. 

Be it enacted, etc., as follows: 

The action of the treasurer of the county of Essex in pay- 
ing the additional compensation to jurors provided for by 
chapter one hundred and twelve of the General Acts of nine- 
teen hundred and nineteen is hereby confirmed and made 
valid as if said chapter had been in full force and effect at 
the time of the said payments. 

Approved February 26, 1920. 



Certain excess 
payments to 
jurors in Essex 
county con- 
firmed. 



Acts, 1920. — Chaps. 72, 73. 45 



An Act to ch.\nge the name of the drtsion of educa- Chav 72 

TION of aliens in THE DEPARTMENT OF EDUCATION TO 
THE DFV'ISION OF BIMIGRATION AND AMERICANIZATION. 

Be it enacted, etc., a^ follows: 

The di\asion of education of aliens in the department of mi^^ltion°ind' 
education shall hereafter be designated as the dix'ision of Americaniza- 

. . • . , . tion in depart- 

immigration and Americanization. ment of educa- 

Approved February 26, 1920. *°° °^™^ ' 

An Act to authorize the north chelmsford fire dis- ph^jj^ 70 

TRICT TO establish A SYSTEM OF SEWERAGE. ^' 

Be it enacted, etc., as follows: 

Section 1. The North Chelmsford Fire District, estab- North cheims- 
lished by chapter one hundred and nineteen of the acts of t?[rtSay?i-' 
nineteen hundred and six, acting through its board of water gysllm of 
commissioners as therein pro\dded, hereinafter called the sewerage. 
board, is hereby authorized, subject to the approval of the 
department of public health, to lay out, construct, maintain, 
repair and operate such a system or systems of main drains 
and common sewers for a part or the whole of its territory 
as the voters of the district, at a legal meeting called for the 
purpose, shall by vote adjudge to be necessary for the public 
convenience or health. 

Section 2. The board, acting in behalf of the district, May take 
shall have power to take by right of eminent domain or '^^ ' ^ *'* 
acquire by purchase or otherwise, any lands, water rights, 
rights of way. easements or other property in said district, 
public or private, necessary for accomplishing any purpose 
mentioned in this act, and may construct within the district 
main drains and sewers under or over any water course, 
bridge, railroad, railway, highway, boulevard, or other way, 
or within the location of any railroad, and may enter upon 
and dig up any private land, street or way or railroad loca- 
tion, for the purpose of lading drains and sewers and of 
maintaining and repairing the same, and may perform any 
other act necessary or proper for the purposes of this act: 
provided, however, that the board shall not take in fee any Proviso, 
land of a railroad corporation, and that the board shall not 
enter upon, or construct any drain or sewer within, the loca- 
tion of any railroad corporation except at such time and in 
such manner as the board may agree upon with the corpora- 



46 



Acts, 1920. — Chap. 73. 



Main drains 
and common 
sewers may be 
constructed, 
etc. 



Description of 
land taken to 
be recorded, 
etc. 



Damages, how 
determined. 



tion, or, in case of failure so to agree, as may be approved 
by the department of public utilities. 

Section 3. When authorized by the district, main drains 
and common sewers may be constructed by the board, which 
shall be the property of the district and shall be under the 
charge and control of the board. The board shall have au- 
thority to regulate the use of the same and to prescribe the 
mode in which the same shall be entered by private drains, 
and the terms and conditions of such entry. No person shall 
be allowed to enter or discharge any pri\'ate drain into a 
main drain or common sewer of the district, except by leave 
of the board, and on such terms and conditions as it shall 
prescribe; and all private drains entering any main drain or 
common sewer shall be under the board's exclusive charge 
and control. The board shall have authority to make and 
execute orders concerning such drains or sewers as though 
the same were constructed by the board under this act. The 
provisions of this section shall apply to the use of all sewers 
and drains in the district heretofore or hereafter constructed, 
and to the compensation, terms and conditions to be pre- 
scribed for such use. 

Section 4. Wlienever land is taken by right of eminent 
domain the board shall, within sixty days after the taking, 
file in the registry of deeds for the northern district of the 
county of Middlesex a description of the land so taken, 
sufficient for identification, and a statement of the purpose 
for which it is taken; and the right to use all land so taken 
for the purposes mentioned in said statement shall vest in 
said fire district and its successors. The said fire district 
shall pay all damages to property sustained by any person or 
corporation by the taking of any land, right of way, water 
right or easement or by anj-thing done under authority of 
this act. Any person or corporation sustaining damages as 
aforesaid, and failing to agree with the said board as to the 
amount thereof may, upon a petition filed with the county 
commissioners of the county of Middlesex within one year 
after the taking of the land or other property or the doing 
of the injury complained of, have his damages assessed and 
determined in the manner provided in the case of land taken 
for the la\dng out of highways; and if either party is dis- 
satisfied with the award of damages by the county commis- 
sioners, and shall apply for a jury to re\ise the same, the 
fire district shall pay the damages awarded by the jury, and 
shall pay costs if the damages are increased by the jury, and 



Acts, 1920. — Chap. 73. 47 

shall recover costs if the damages are decreased; but if the 
jury shall award the same damages as were awarded by the 
county commissioners, the party who applied for the jury 
shall pay costs to the other party. 

Section 5. The district shall by vote determine what Apportion- 

-^ ment of cost. 

proportion or the cost or said system or systems or sewerage 
the district shall pay, and what proportion thereof shall be 
met by assessments upon the owners of estates situated 
within the territory embraced by said system or systems 
and benefited thereby. In case such assessments are author- .Assessments 
ized, the board shall assess such owners their proportional ^^eThen&-° 
parts, respectively, of such portion of said cost as the district ^*®'^- 
shall have determined 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 tlie amounts of such assessments the board shall 
determine the value of the special benefit to each of said 
estates, respectively, from the said system or systems 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, and in no case shall exceed such special benefit, 
and every such o^^^ler shall, within three months after 
written notice of his assessment, served on him or on the 
occupant of his estate, or sent by mail to the last address 
of the owner knowii to the board, pay the sum so assessed 
to the collector of taxes of the town of North Chelmsford : 
provided, that the board shall, on the WTitten request of any Provisos. 
such owner, made within the said three months, apportion 
his assessment in ten equal parts or assessments; and the 
board shall certify the apportionment to the assessors of the 
town, and one of said parts or instalments, with interest on | 

all unpaid apportionments at the rate of six per cent per 
annum, shall be added by the assessors to the annual tax 
on the estate for each year ensuing, until all the said parts 
have so been added, unless sooner paid as hereinafter pro- 
vided; and provided, furtJier, that nothing herein contained 
shall be construed 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 pajTnent; and thereupon 
the collector of taxes of the town shall receive the same and 



48 



Acts, 1920. — Chap. 73. 



May issue 
bonds, etc. 



North Chelms- 
ford Fire Dis- 
trict Sewerage 
Loan, Act of 
1920. 



Payment of 
loan. 



Receipts, how 
applied. 



shall certify such paj^ment or pa;yTaents to the assessors, 
who shall preserve a record thereof. In case of corner lots 
abutting on more than one sewered street the same area shall 
not be assessed more than once. 

Section 6. The district, for the purpose of paying the 
necessary' expenses and liabilities incurred under this act, 
may incur indebtedness to an amount not exceeding one 
hundred thousand dollars, and may issue from time to time 
bonds or notes therefor, each authorized issue to constitute 
a separate loan. Such bonds or notes shall bear on their 
face the words, North Chelmsford Fire District Sewerage 
Loan, Act of 1920, and shall be payable by such annual pay- 
ments, beginning not more than one year after the date 
thereof, as will extinguish each loan ^^^thin thirty years 
after its date. The amount of the pajTiient of principal in 
any year shall not be less than the amount of the principal 
of the loan payable in any subsequent year. The securities 
shall be signed by the treasurer of the district and counter- 
signed by a majority of the board, and the district may from 
time to time sell the same or any part thereof, at public 
or private sale, but not for less than their par value. The 
proceeds shall be retained in the treasury, and shall be dis- 
bursed by the treasurer upon the order of the board, as may 
be necessary to meet the expenditures hereby authorized. 
Premiums received on any loan may be used for the payment 
of the expense of the issuance of bonds or notes, and any 
balance shall be held and applied to the first bonds or notes 
maturing. 

Section 7. The district shall, at the time of authorizing 
the said loan, pro\'ide for the payment thereof in such annual 
pajnments as will extinguish the same in accordance with the 
provisions of section slx; and when a vote to that effect has 
been passed the amount required thereby, less the amount 
that may be appropriated therefor as pro\ided in the fol- 
lowing section, shall, annually thereafter, without further 
vote, be assessed by the assessors of the to^^^l, in the same 
manner as other taxes, until the debt inciu-red by the loan 
is extinguished. 

Section 8. The receipts from sewer assessments, and 
from pajments made in lieu thereof, shall be applied to the 
payment of charges and expenses incident to the maintenance 
and operation of said system of sewerage, or to the extension 
thereof, except that the district may apply any part of such 
receipts to the payment of interest upon notes or bonds 



Acts, 1920. — Chap. 73. 49 

issued hereunder, and not other-vvise provided for, or to the 
pajTnent or redemption of such notes or bonds, and the said 
receipts shall be used for no other purpose. If the said re- 
ceipts shall not in any year be sufficient for the purposes 
aforesaid, the assessors of the town shall raise by taxation, in 
the same manner in which money is raised for other district 
purposes, the balance required therefor. 

Section 9. Any assessment levied under the provisions Assessments to 
of section five, and any charge as aforesaid, shall constitute i^n^etc.^ 
a lien upon the estate which shall continue for two 'years 
after the certificate thereof is filed, and after the demand 
aforesaid is made, or in case of apportionment, until the ex- 
piration of two years from the time when the last instalment 
is committed to the collector. Said assessment, together 
with interest at the rate of sLx per cent per annum, with 
incidental costs and expenses, may be satisfied by the sale 
of the estate or so much thereof as shall be sufficient to dis- 
charge the assessment and interest and intervening charges, 
if the assessment is not paid within three months after the 
ser\dce of said notice, or, if it has been apportioned, within 
three months after any portion has become due. Such sale 
and all proceedings connected therewith shall be conducted 
in the same manner as sales for non-payment of taxes, and 
real estate so sold may be redeemed in the same manner as 
if sold for non-payment of taxes. The said assessments or 
parts thereof may be collected also by an action of contract 
in the name of the district, against the owner of the estate, 
brought at any time mthin two years after the same become 
due. 

Section 10. Any person aggrieved by any such assess- Aggrieved 
ment may, at any time within three months after the service appeal to 
of the demand mentioned in section five of this act, apply to Ite!®"""^ "'"'*' 
the superior court for said county for a jury to re\ise the 
same, but before making such application he shall give to 
the board fourteen days' notice in writing, and shall therein 
specify particularly his objection to the assessment, to which 
specification he shall be confined in his hearing before a jury. 

Section 11. The pro^'isions of said chapter one hundred ^gj^g'^o^'i^^ 
and nineteen relating to the organization of said fire district to govern pro- 

o *-• ceed.in^'s under 

and to the meetings thereof, and to the election, powers and this act, etc. 
duties of the board, and other officers of the district, shall, so 
far as they are applicable, govern the proceedings under this 
act, and the exercise of the powers and the performance of 
the duties hereby conferred and imposed. 



50 



Acts, 1920. — Chap. 74. 



To be sub- 
mitted to 
voters, etc. 



Section 12. This act shall take effect upon its acceptance 
by a majority of the voters of said district, voting thereon at 
a meeting duly called for the purpose in accordance with 
said chapter one hundred and nineteen, but for the purpose 
of such acceptance the act shall take effect upon its passage. 

Approved February 26, 1920. 



1906, 393, § 8, 
amended. 



Apportionment 
of assessments 
for highways 
and other im- 
provements in 
Boston. 



Chap. 74 An Act relatr^e to the apportionment of assessments 

FOR highways and OTHER IMPROVEMENTS IN THE CITY 
OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section eight of chapter three hundred and 
ninety-three of the acts of nineteen hundred and sLx is 
hereby amended by striking out in the ele^'enth and twelfth 
lines the words " on request of the owner of any part thereof, 
or of the city collector", so as to read as follows: — Section 
8. Assessments and damages for the public improvements 
aforesaid ordered after the passage of this act shall bear 
interest at the rate of four per cent per annum for damages, 
from the day of taking, and for assessments as hereinbefore 
provided. Assessments on real estate exempt by law from 
taxation, as determined and certified by the assessors of 
said city on application to them therefor by the owner, shall 
not be payable or bear interest until the day on which the 
estate ceases to be so exempt. Assessments, or so much as 
remains unpaid, on real estate di\'ided shall forthwith be 
apportioned by the board of assessors to the several parts in 
proportion to the values of the respective benefits thereto 
from said improvement, as determined by said board of 
street commissioners. Assessments with interest shall, until 
paid, be a lien on the real estate on which they are assessed, 
from the day of the first publication of notice of the intention 
to make the improvement for which the assessment is made, 
or from the day of the passage of the order for the improve- 
ment, if there is no such publication: provided, however, that 
in case of an apportionment as aforesaid only the amount 
of the apportionment and interest shall, until paid, be a 
lien oh the part to which it is apportioned. 

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

Approved February 27, 1920. 



To be a lien on 
real estate. 



Proviso. 



Acts, 1920. — Chap. 75. 51 



An Act to authorize the citt of lowell to incur in- Chap. 75 

DEBTEDNESS FOR HIGH SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Lowell, for the purpose of con- cityofLoweii 
structing, equipping and furnishing a high school building SedneL7o"r 
and a building for a heating and power plant in connection pjfrpo^s*!"' 
therewith, may borrow, outside the statutory limit of in- 
debtedness, a sum not exceeding six hundred thousand dol- 
lars in addition to the amounts previously authorized for the 
same purpose, and may issue bonds or notes therefor. Such 
bonds or notes shall be denominated, Lowell High School LoweiiHigh 

. . -, r\nr\ 1 11 1 11- 1 bchool Loan, 

Loan, Act of 1920, shall be payable m not more than twenty Act of 1920. 
years from the dates of issue, and shall bear such rates of 
interest as may be fixed by the city treasurer with the apn 
proval of the mayor. The pro\'isions of section fourteen of ^®^*g^Q° f/^^^o 
chapter seven hundred and nineteen of the acts of nineteen apply. 
hundred and thirteen, and acts in amendment thereof and 
in addition thereto, and all pro\'isions of general law rela- 
tive to municipal indebtedness, shall apply to all loans made 
under authority of this act, except as is otherwise provided 
herein. The municipal council shall authorize the borrowing Municipal 
of money at such times and in such amounts as may be thohz'e loan"" 
voted by the high school building commission, and it shall 
be the duty of the treasurer of the city to execute, and of the 
mayor to countersign, the bonds or notes aforesaid in the 
name of the city. The municipal council may, before au- nigh school 
thorizing the said loan, require the building commission to niisi'lon^to'sub- 
submit plans with the estimated cost of constructing, equip- ™^* p^^^®- ®*<=- 
ping and furnishing the said high school and heating and 
power plant, and in case the estimate is in excess of the sum 
herein authorized to be borrowed and previously appro- 
priated, may refuse to authorize the whole or any part of 
the loan authorized by this act. The city auditor and city 
treasurer shall act for said commission as for other city de- 
partments. The city treasurer shall keep separate all funds 
received for the purpose of constructing, equipping and fur- 
nishing the said buildings, and shall pay the same as directed 
by the commission. 

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

Approved February 27, 1920. 



52 



Acts, 1920. — Chaps. 76, 77. 



Chap. 76 -^^ ^^'^ '^^ PRovroE for a union superintendent of 

SCHOOLS IN THE TOWNS OF AMHERST AND PELHAM. 

Be it enacted, etc., as follows: 

A^"rsfand Section 1. The school committees of the towTis of Am- 
Peiham may hcFst and Pclham are hereby authorized to effect a union of 

employ a union -i • t i>i pi- -i 

superintendent the Said towns lOF the puppose oi employing a superintendent 
of schools, who shall be elected subject to the provisions of 
sections one to four, inclusive, of chapter seven hundred and 
fourteen of the acts of nineteen hundred and fourteen. 

Section 2. The said union shall be conducted, and the 
said towns shall be entitled to receive state aid therefor to 
the same extent, as if the union were formed under the 
general laws. 

Section 3. Chapter three hundred and ten of the acts 
of nineteen hundred and one is hereby repealed. 

Section 4. This act shall take effect upon its passage. 

Approved February 27, 1920. 



of schools. 



Union, how to 
be conducted, 
etc. 



Repeal. 



Chap. 77 "^N Act relative to the president of the newburyport 

CITY COUNCIL AS TRUSTEE OF CERTAIN TRUST FUNDS. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter sixty-four of the 
Special Acts of nineteen hundred and seventeen is hereby 
amended by striking out the word "common", in the sec- 
ond and third lines, and substituting the word: — city, — so 
as to read as follows: — Section 1. Lawrence B. Gushing, 
Henry B. Little, and the mayor, the city auditor, and the 
president of the city council of the city of Newbur^-port, for 
the time being, their associates and successors, are hereby 
made a corporation by the name of the Trustees of Newbury- 
port Trust Funds, for the purpose of holding and administer- 
ing the funds gi^'en in trust by the will of Margaret Atwood, 
late of Newburj-port, proved and allowed in the probate 
court for the county of Essex on the seventh day of August 
in the year eighteen hundred and thirty-two, and any other 
funds which the city of Newbur>T)ort may commit to its 
custody and care, with all the privileges and subject to all 
the duties, liabilities and restrictions set forth in all general 
laws now or hereafter in force relating to such corporations. 

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

Approved February 27, 1920. 



1917, 64 (S), § 1, 
amended. 



Trustees of 
Newburyport 
Trust Funds, 
president of 
Newburyport 
city council as 
member of. 



Acts, 1920. — Chap. 78. 53 



An Act relative to the school attendance of children Chap. 78 

RESIDING IN PLACES REMOTE FROM SCHOOL. 

Be it enacted, etc., as follows: 

Section forty-nine of chapter forty-two of the Re\ased ^c^kmendtd 
Laws, as amended by section nine of chapter two hundred 
and ninety-two of the General Acts of nineteen hundred and 
nineteen, is hereby further amended by striking out the said 
section and substituting the following: — Section 49. Every Towns to main- 
town shall provide and maintain a sufficient number of houses, etc" 
schoolhouses, properly furnished and conveniently situated 
for the accommodation of all children therein who are en- 
titled to attend the public schools. In case the distance Transportation 
between a child's residence and the school which he is en- chiWrento 
titled to attend exceeds two miles, and the school com- ^^^°°^- 
mittee declines to furnish transportation, the department 
of education, upon appeal of the parent or guardian of the 
child, may require the town to furnish the same for a part 
or for all of the distance. In case the distance exceeds three Attendance at 
miles, and the distance between the child's residence and a jolS^g towns 
school in an adjoining town giving substantially equivalent ^ding'll'^pkces 
instruction is less than three miles, and the school committee H^^^ ^''°°^ 
decHnes to pay for tuition in such nearer school, and for 
transportation in case the distance thereto exceeds two 
miles, the department, upon like appeal, may require the 
town of residence to pay for tuition in, and if necessary pro- 
vide for transportation for a part or for the whole of said 
distance to, such nearer school. A town refusing or neglecting Penalty for 
for one year to comply with the requirements of this section '^'^'®*^*- 
shall forfeit not less than five hundred nor more than one 
thousand dollars, to be paid and applied as provided in sec- 
tions twenty-three and twenty-four. The school committee. Duties of 
unless the town otherwise directs, shall have general charge mutee.*'°'^" 
and superintendence of the schoolhouses, shall keep them in 
good order, and shall procure a suitable place for the schools, 
if there is no schoolhouse, and provide fuel and all other 
things necessary for the comfort of the pupils, at the expense 
of the town. Approved February 27, 1920. 



54 



Acts, 1920. — Chaps. 79, 80, 81. 



1919, 152(S),§2, 
amended. 



Chap. 79 An Act relative to the payment by the city of boston 

OF A CLAIM of THE ATLAS CONSTRUCTION COMPANY. 

Be it enacted, etc., as folloivs: 

Chapter one hundred and fifty-two of the Special Acts of 
nineteen hundred and nineteen is hereby amended by striking 
out section two and substituting the f ollo^^^ng : — Section 2. 
This act shall take effect upon its acceptance by vote of the 
city council of the said city, subject to the provisions of its 
charter: promded, that such acceptance occurs prior to the 
thirty-first day of December in the year nineteen hundred 
and twenty. Approved February 27, 1920. 



Act relative to 
payment by 
Boston of a 
claim of Atlaa 
Construction 
Company to be 
submitted to 
city council, 
etc. 
Proviso. 



Fall River to 
appoint sub- 
stitutes, etc. 



Chap. 80 An Act relative to the appointment of substitutes 

FOR CERTAIN CITY OFFICIALS IN FALL RIVER. 

Be it enacted, etc., as follows: 
City treasurer SECTION 1. The citv treasurer and the citv collector of 

and city col- . 11 -r-*- 1 11 • "^ /> 1 • 

lector of city of the citv of Fall Rivcr shall each appomt one of their male 
clerks as assistant treasurer and assistant collector, respec- 
tively. The said assistants shall, in cases which will not 
admit of delay, perform the duties and exercise the au- 
thority imposed or conferred by law or ordinance upon their 
respective chiefs, in case of their absence or disability, or of 
a vacancy in the office. 

Section 2. The appointing officer shall in each case file 
notice of the appointment with the mayor and city clerk, 
and the appointment shall continue in force until revoked by 
the appointing officer. Approved February 27, 1920. 



Notice of ap- 
pointments to 
be filed, etc. 



Chap. 81 An Act to repeal the preferential voting law for 

THE CITY OF GLOUCESTER. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and fifty-four of the 
Special Acts of nineteen hundred and seventeen, being an 
act to provide for preferential voting at municipal elections 
in the city of Gloucester, is hereby repealed, and the said 
elections shall hereafter be conducted, and the nominations 
preliminary thereto shall hereafter be made, in accordance 
with the general laws as modified by the charter of said city. 
Stted^to' Section 2. This act shall be submitted to the voters of 

voters, etc. thc city of Glouccster at the state election in the current 



Preferential 
voting law 
for city of 
Gloucester re- 



Acts, 1920. — Chaps. 82, 83. 55 

year, and shall take effect beginning with the city election 
next following, if accepted by a majority of the voters voting 
thereon; otherwise it shall not take effect. 

Ap2)roved February 27 , 1920. 

An Act relative to the control of ell pond in the Chav. 82 

CITY of MELROSE. 

Be it enacted, etc., as follmvs: 

Section 1. It shall hereafter be unlawful to fish, or to Licenses re- 
engage in the business of letting boats for use in, or to engage mT cutting *ice, 
in the business of cutting ice in, Ell pond in the city of pond Fn^lty 
Melrose, without first obtaining a license therefor from the of Melrose. 
park commissioners of the city. 

Section 2. The park commissioners of the city of Mel- ^onersT make 
rose are hereby authorized to make rules and regulations ''"•^s, etc. 
governing fishing, boating, bathing and the cutting of ice in 
Ell pond in said city. Such rules and regulations shall be 
subject to the approval of the department of public works 
of the commonwealth, and when approved by said depart- 
ment shall have the force of law. 

Section 3. Violation of any rule or regulation made and Penalty. 
approved in accordance with section two shall be punished 
by a fine not exceeding fifty dollars. 

Approved February 27, 1920. 

An Act relative to the salaries of the mayor and Qfidj) 33 

CITY COUNCIL OF METHUEN. 

Be it enacted, etc., as follows: 

Section 1. Section eight of chapter two hundred and amend^V^'' ^ ^' 
eighty-nine of the Spyecial Acts of nineteen hundred and 
seventeen is hereb}" amended by striking out the words 
"fifteen hundred", in the third line, and substituting the 
words : — three thousand, — and by striking out the words 
"two hundred and fifty", in the eighth and ninth lines, and 
substituting the words: — five hundred, — so as to read as 
follows: — Section 8. The mayor shall receive for his serv- salaries of 
ices such salary as the city council by ordinance shall de- df/^undi of 
termine, not exceeding three thousand dollars a year, and he ^ethuen. 
shall receive no other compensation from the city. His sal- 
ary shall not be increased or diminished during the term 
for which he is elected. The council may, by a two thirds vote 
of all its members, taken by call of the yeas and nays, es- 



56 



Acts, 1920. — Chaps. 84, 85. 



To be sub- 
mitted to 
voters, etc. 



tablish a salary for its members not exceeding five hundred 
dollars each a year. Such salary may be reduced, but no 
increase therein shall be made to take effect during the year 
in which the increase is voted. 

Section 2. This act shall be submitted to the voters of 
the city of IMethuen at the state election in the current year, 
and if accepted by a majority of the qualified voters voting 
thereon shall thereupon take effect; othe^^^^se it shall not 
take effect. Approved February 27, 1920. 



1911, 621, Part 
11. § 52, 
amended. 



Chap. 84 An Act to increase the salaries of the mayor and 

ALDERMEN OF LAWRENCE. 

Be it enacted, etc., a^ follows: 

Section 1. Section fifty-two of Part II of chapter six 
hundred and twenty-one of the acts of nineteen hundred 
and""ele\'en is hereby amended by striking out the words 
"thirty-five hundred", in the first and second lines, and 
substituting the words: — five thousand,^ — and by striking 
out the word "twenty-five", in the fourth line, and substi- 
tuting the word : — thirty-five, — so as to read as follows : — 
Section 52. The salary of the mayor shall be five thousand 
dollars per annum, and the salary of each of the remaining 
four members of the city council shall be thirty-five hun- 
dred dollars per annum. These salaries shall be payable in 
equal monthly instalments. 

Section 2. This act shall be submitted to the voters of 
the city of Lawrence at the state election in the current year, 
and if accepted by a majority of the qualified voters voting 
thereon shall thereupon take effect; otherwise it shall not 
take effect. Approved February 27, 1920. 



Salaries of 
mayor and 
aldermen of 
city of 
Lawrence. 



To be sub- 
mitted to 
voters, etc. 



Chap. 85 An Act to amend the charter of the city of lynn 
relative to the salary of the mayor. 

Be it enacted, etc., as follows: 

Section 1. Section seventeen of chapter three hundred 
and forty of the Special Acts of nineteen hundred and seven- 
teen is hereby amended by striking out the first sentence 
, and substituting the following: — The mayor shall receive in 
full compensation for all ser\'ices to the city a salary of five 
Salary of thousaud dollars a year, — so as to read as follows : — Sec- 

ofLynn. tiou 17. The mayor shall receive in full compensation for 



1917, 340 (S), 
§ 17, amended. 



Acts, 1920. — Chaps. 86, 87. 57 

all services to the city a salary of five thousand dollars a 
year. The council may, -by yea and nay vote, establish a Salary 
salary for its members, not exceeding five hundred dollars members. 
a year, which shall not be increased or diminished to take 
effect during the current municipal year. 

Section 2. This act shall be submitted to the voters of ^.^t^e^d'S*" 
the city of Lynn at the state election in the current year, voters, etc. 
and if accepted by a majority of the qualified voters voting 
thereon shall thereupon take effect; otherwise it shall not 
take effect. Approved February 27, 1920. 



An Act relatr^e to the regulation of sewer assess- Chap. 86 

MENTS IN THE CITY OF NEWTON. 

Be it enacted, etc., as follows: 
The mavor and aldermen of the city of Newton are hereoy Regulation of 

. I , . , , , . . , sewer assess- 

authorized to amend or rescmd any or ail existmg orders or ments in city 
ordinances of the city of Newton which establish a method ° 
of sew^er assessment and by which any assessments for 
sewers have been made, and the city is further authorized 
to adopt and establish by ordinance or by order, any method 
of sewer assessment now authorized by law, and to make, 
by its board of aldermen, with the approval of the mayor, 
assessments and reassessments thereunder: provided, that no Proviso. 
change shall be made in assessments already levied at the 
time of the passage of this act. 

Approved February 27, 1920. 



An Act to authorize counties to issue non-interest Chap. 87 

BEARING NOTES FOR TUBERCULOSIS HOSPITAL PURPOSES. 

Be it enacted, etc., as follows: 

Notes of a county issued under the provisions of section Counties may 
six of chapter two hundred and eighty-six of the General terest bearing 
Acts of nineteen hundred and sixteen, as amended by chapter ti^bercuLis 
eighty of the General Acts of nineteen hundred and eighteen, p^^^l^^ ''^'^" 
may or may not bear interest. If they do not bear interest 
they may be sold at such discount as the county commis- 
sioners or county treasurer or other officer authorized to 
sell the same may deem proper. 

Approved February 27, 1920. 



58 



Acts, 1920. — Chaps. 88, 89. 



1917, 340 (S). 
§ 19, amended. 



Chap. 88 An Act relative to the salary of the member of 

THE commission ON WAYS AND DRAINAGE IN THE CITY 
OF LYNN WHO IS ELECTED BY THE CITY COUNCIL. 

Be it enacted, etc., as follows: 

Section 1. Section nineteen of chapter three hundred 
and forty of the Special Acts of nineteen hundred and seven- 
teen is hereby amended by adding at the end thereof the 
following : — ; except that the member of the commission 
on ways and drainage who is elected by and from the city 
council, shall, in addition to the salary paid him as a member 
of the city council, receive the sum of five hundred dollars 
a year while he is a member of the said commission, — so 
as to read as follows: — Section 19. Neither the mayor nor 
any member of the city council shall, during the term for 
which he is elected, hold any other office or position the 
salary or compensation for which is payable from the city 
treasury; nor shall he act as counsel or attorney before the 
city council or any committee thereof, or before any board 
or department of the city; except that the member of the 
commission on ways and drainage who is elected by and 
from the city council, shall, in addition to the salary paid 
him as a member of the city council, receive the sum of five 
hundred dollars a year while he is a member of the said 
commission. 

Section 2. This act shall be submitted to the voters of 
the city of Lynn at the state election in the current year, 
and if accepted by a majority of the qualified voters voting 
thereon shall thereupon take effect; otherwise it shall not 
take effect. Approved February 27, 1920. 



Mayor and 
city council of 
Lynn, not to 
hold any other 
office, etc. 



Salary of the 
member of 
commission 
on ways and 
drainage 
elected by 
city council. 



To be sub- 
mitted to 
voters. 



Chap. 89 An Act to provide for the construction of a bridge 

OVER THE OUTLET OF LAGOON POND BETWEEN OAK BLUFFS 
AND TISBURY. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of 
Dukes County, vnih such allotment as the department of 
public works may make from its regular appropriation, may 
construct a bridge of concrete or other suitable material 
over the outlet of Lagoon pond between the towns of Oak 
Bluffs and Tisbury, and may lay out, alter, prescribe and 
specify the approaches thereto for a distance not exceeding 



Dukes county 
commissioners 
may construct 
a bridge over 
the outlet of 
Lagoon pond 
between Oak 
Bluffs and 
Tisbury. 



Acts, 1920. — Chap. 89. 59 

five hundred feet, measured from the abutments of the 
bridge, in each of said towns. 

Section 2. The said commissioners, before taking any May take 
lands, shall give a public hearing, of which notice shall be ^^ s, e c. 
given as provided in section three of Part 2 of chapter three 
hundred and forty-four of the General Acts of nineteen hun- 
dred and seventeen. After the hearing, the commissioners Description of 

,,, i>,i iij lands taken to 

may take lands necessary tor the purpose, and may lay out, be recorded, 

alter and specify the bridge and its highway approaches, 

and, M-ithin sixty days after the date of the order for said 

takings, shall file in the registry of deeds in the county of 

Dukes County, and in the offices of the town clerks of the 

respective towns, plans and descriptions of the lands taken 

and of the work proposed. The commissioners shall estimate Payment of 

.11 j_ • 1 1 i. J? • J damages, etc. 

the damages sustamed by any person by reason or said pro- « 

ceedings and shall direct payment of the damages by the 
county treasurer. Any party aggrieved by the acts of the 
commissioners ma}^ have the same remedies as are now pro- 
vided by law in the case of land taken for highways. 

Section 3. For the purpose of carrying out the provi- County 
sions of this act, the county treasurer, with the approval of issue bonds, 
the commissioners, may borrow a sum not exceeding thirty- 
five thousand dollars, and may issue bonds or notes of the 
county therefor, to be payable by such annual payments as 
will extinguish the loan in not more than twenty years from 
the date of issue of the first bond or note. The amount of 
the annual payment in any year shall not be less than the 
amount of the principal of the loan payable in any subse- 
quent year, and the first of such payments shall be made in 
liot more than one year from the date of issue of the first 
bond or note. The said securities shall bear such rates of Rate of 

. , . interest, etc. 

interest as may be determined by the county treasurer, with 
the approval of the commissioners. The treasurer may sell 
the said securities, at public or private sale, upon such terms 
and conditions as he may deem proper, but not for less than 
their par value, and the proceeds, except premiums, shall be 
used only for the purpose of paying the cost of construction 
of the bridge and its approaches as herein provided. Any 
premium on the loan shall be used either for the payment of 
the expense of the issuance of the bonds or notes or applied 
to the payment of the first bonds or notes maturing. 

Section 4. The county treasurer, with the approval of County 

, .. ^ ., IP -J treasurer may 

the commissioners, may make a temporary loan tor a period make a 
not exceeding one year in anticipation of the issue of the i^f^ta^ 



60 



Acts, 1920. — Chaps. 90, 91. 



Norfolk county 
commissioners 
may expend 
additional 
money in con- 
struction of 
new bridge 
over Monati- 
quot river in 
town of 
Braintree. 



serial loan, but the time within which such serial loan shall 
become due and payable shall not, by reason of such tempo- 
rary loan, be extended beyond the time fixed by this act. 
Any notes issued in anticipation of the serial issue shall be 
paid from the proceeds of the loan so made. 
Town of Section 5. The town of Gosnold shall not be required to 

Gosnold not • i • i 

required to pay pay au}' part oi the cxpcnsc or constructmg the said new 
expense, etc. bridge or of Caring for and maintaining the same. 

Approved February 21 , 1920. 

Chap. 90 An Act authorizing the expent)iture of an addi- 
tional SUM OF MONEY IN THE CONSTRUCTION OF A NEW 
bridge OVER THE MONATIQUOT RIVER IN THE TOWN OF 
BRAINTREE. 

Be it enacted, etc., as follows:' 

Section 1. For the purpose of carrying out the pro\i- 
sions of chapter three hundred and fifteen of the General 
Acts of nineteen hundred and seventeen, as amended by 
chapter two hundred and sixty-nine of the General Acts of 
nineteen hundred and eighteen, and as affected by chapter 
forty-four of the General Acts of nineteen hundred and nine- 
teen, the county commissioners of Norfolk county may bor- 
row and expend, subject to the pro\asions of said chapters, 
except as otherwise pro\dded herein, an additional sum not 
exceeding fifty-five thousand dollars, which shall be assessed 
and paid according to the provisions of section six of said 
chapter three hundred and fifteen, except that no part 
thereof shall be assessed upon the county of Phmouth, or 
upon any city or town in that county. 

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

Approved March 3, 1920. 

Chap. 91 An Act relative to the construction, alteration and 

MAINTENANCE OF BUILDINGS IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter five hundred and 
fifty of the acts of nineteen hundred and seven, as amended 
by section two of chapter two hundred and five of the acts 
of nineteen hundred and fourteen, and by section two of 
chapter one hundred and fifty-five of the Special Acts of 
nineteen hundred and nineteen, is hereby further amended 
by adding at the end thereof the following: — Before be- 
ginning the removal of any building or other structure, the 



Plymouth 
county and no 
city or town 
therein to be 
assessed. 



1907, 550, § 5, 
etc., amended. 



Right of 
owner to ma- 
terial of cer- 



Acts, 1920. — Chap. 92. 61 

building commissioner shall give notice by mail to the owner [^'Bo^ston'"^^ 
of his right to the material upon request. If the owner taken down by 
claims the material, he shall remove the same "vsithin ten missioner. 
days after the building or structure is taken down, and if he 
fails to do so, the building commissioner may dispose of the 
material. 

Section 2. Section twenty of said chapter five hundred et^.^' amended. 
and fifty, as amended by section eight of chapter one hun- 
dred and seventy-nine of the Special Acts of nineteen hun- 
dred and eighteen, is hereby further amended by striking out 
the paragraph relative to "Stone Foundations", being the 
last paragraph under the caption "Definitions", and sub- 
stituting the following: — Foundations of stone shall be of ofTtone^of"^^ 
square split stone, except that rubble stone shall be allowed Bogj^j""!^^" 
under buildings outside the building limits as they existed 
prior to September twenty-third, nineteen hundred and thir- 
teen, but only when such buildings do not exceed forty-five 
feet in height and the foundation wall is less than ten feet 
in depth. No rubble foundation shall be less than twenty Thickness 
inches in thickness. All walls shall be properly bonded by foundation, 
through courses. 

Section 3. This act shall take effect upon its passage. 

Approved March 3, 1920. 

An Act to establish the salaries of the deputy Chap. 92 

ASSESSORS OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter ninety-three of the isis, 9.3 (S), 
-Special Acts of nineteen hundred and eighteen is hereby 
amended by striking out the words "thirty-five hundred", 
in the eighth line, and substituting the words : — four thou- 
sand, — so as to read as follows : — Section 3. The mavor Deputy 

1 • , t , (. ,1 n .1 /^ j_ assessors of city 

may also appoint, tor a term or three years irom the first of Boston, ap- 
day of April in the year of appointment, and may at any fiSariSf etc. 
time remove, in accordance w4th the pro\'isions of said 
chapter four hundred and eighty-six, such deputy assessors 
as may be necessary, not exceeding five in number. Ap- 
pointments at the expiration of a term or to fill vacancies 
shall be made in like manner. Each deputy assessor shall 
receive an annual salary of four thousand dollars, and shall 
perform such duties as the board of assessors may prescribe. 
Section 2. This act shall take effect upon its passage. 

Approved March 3, 1920. 



62 



Acts, 1920. — Chaps. 93, 94. 



Chap. 93 An Act to authorize the city of brockton to incur 

INDEBTEDNESS FOR SEWERAGE PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Brockton, for the purposes speci- 
fied in chapter two hundred and fortj'-seven of the acts of 
eighteen hundred and ninety-two, maj^ issue from time to 
time, outside the statutory Umit of indebtedness, bonds or 
notes to an amount not exceeding two hundred thousand 
dollars in addition to the amounts already authorized. 
Such bonds or notes shall be denominated on their face, 
Brockton Sewerage Loan, Act of 1920, and shall bear interest 
at such rate as may be fixed by the city treasurer, with the 
approval of the mayor. They shall be issued in compliance 
with the requirements of chapter seven hundred and nineteen 
of the acts of nineteen hundred and thirteen, and the amend- 
ments thereof. Each authorized issue of such bonds or notes 
shall constitute a separate loan, and any premiums received 
therefrom shall be used as proWded by general law. 

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

Approved March 3, 1920. 



City of Brock- 
ton may incur 
indebtedness 
for sewerage 
purposes. 



Brockton Sew- 
erage Loan, 
Act of 1920. 



City of Boston 
may pay a sum 
of money to 
William and 
Mary Wallace. 



Chap. 94 An Act to authorize the city of boston to pay a sum 

OF MONEY to WILLIAM AND MARY WALLACE. 

Be it enacted, etc., as folloivs: 

Section 1. The city of Boston may pay a sum of money, 
not exceeding four thousand dollars, to William Wallace, a 
citizen of Boston, and Mary W^allace, his wife, for the injuries 
and death of William Wallace, Junior, a child of five years 
of age who, on May third, nineteen hundred and eighteen, 
fell from apparatus pro\'ided and maintained by the city in 
Orchard park, a public playground in the Roxbury district 
of Boston. 

Section 2. This act shall take effect upon its acceptance 
by the city council of the city, subject to the pro\isions of 
its charter: provided, that such acceptance occurs prior to 
the thirty-first of December in the current year. 

Approved March 3, 1920. 



To be sub- 
mitted to city 
council, etc. 
Proviso. 



Acts, 1920. — Chap. 95. 63 



An Act to PROvroE for a preliminary election for Chap. 95 

THE CHOICE of MUNICIPAL OFFICERS IN THE CITY OF 
NEWBURYPORT. 

Be it enacted, etc., as follows: 

Section 1. On the third Tuesday preceding every an- Preliminary 
nual municipal election in the city of Newburyport at which choice o^f ^""^ 
any elective municipal office is to be filled, except as is other- "fficeSm' city 
wise provided in section nine, there shall be held a pre- of^Newbury- 
Hminary election for the purpose of nominating candidates 
therefor. No special election for mayor or any other offi- 
cer shall be held until after the expiration of forty days from 
the calling of a preliminary election, except as is otherwise 
provided herein. At every annual, preliminary and special Polling hours. 
election the polls shall be opened at forty-five minutes past 
five o'clock in the forenoon, and shall remain open until four 
o'clock in the afternoon, and the laws of the commonwealth Certain eiec- 
relative to annual city elections shall apply thereto, except apply. 
as is otherwise specifically provided herein. 

Section 2. Except as is otherwise provided herein. Names of per- 
there shall not be printed on the official ballot to be used at |ppear°on*' 
any annual or special election the name of any person as a annulfor 
candidate for any office unless such person has been nomi- u'J,^sf nim*i°° 
nated as such at a preliminary election for nomination, held Pf^^f^gigP^j^n™" 
as provided herein. There shall not be printed on the etc. 
official ballot for use at such preliminary election the name 
of any candidate for nomination at such preliminary election, 
unless he shall have filed, within the time limited by section 
three, the statement therein described. 

Section 3. Any person who is quahfied to vote for a who may be 
candidate for any elective municipal office, and who is a '^'^ ^ ^ ^^' 
candidate for nomination thereto, shall be entitled to have 
his name as such candidate printed on the official ballot to 
be used at a prehminary election: provided, that at least Proviso. 
ten days prior to such preliminary election he shall file with 
the city clerk a statement in writing of his candidacy, and 
with it the petition of at least fifty voters, qualified to vote 
for a candidate for the said office. Said statement and 
petition shall be in substantially the following form: — 



64 



Acts, 1920. — Chap. 95. 



Form of state- 
ment of 
candidate. 



STATEMENT OF CANDmATE. 

I, ( ), on oath declare that I reside at 

(number if any) on (name of street) in the city of Newbury- 
port; that I am a voter therein, qualified to vote for a 
candidate for the hereinafter mentioned office; that I am a 
candidate for the office of (name of office) for (state the 
term) to be voted for at the preliminary election to be held 
on Tuesday, the day of , 

nineteen hundred and , and I request that 

my name be printed as such candidate on the official ballot 
for use at said preliminary election. 

(Signed) 
Commonwealth of Massachusetts, Essex ss. 

Subscribed and sworn to on this day of 

nineteen hundred and 
before me, 

(Signed) 

Justice of the Peace, 
or (Notary Public). 



Petition ac- 
companjang 
statement of 
candidate. 



PETITION ACCOMPANYING STATEMENT OF CANDIDATE. 

Whereas (name of candidate) is a candidate for nomina- 
tion for the office of (state the office) for (state the term), 
we the undersigned, voters of the city of Newburj-port, 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 ballot to be used at the preliminary election to be 
held on the Tuesday of , 

nineteen hundred and 

We further state that we believe him to be of good moral 
character and qualified to perform the duties of the office. 



Acceptance and 
oath not re- 
quired. 



Women may 
be candidates 
for school 
committee, etc. 



Proviso. 



No acceptance by a candidate for nomination named in 
the said petition shall be necessary to its validity or its filing, 
and the petition, w hich may be on one or more papers, need 
not be sworn to. 

Section 4. Women qualified to vote for school com- 
mittee may be candidates for nomination to membership 
therein at any preliminary election at which candidates 
therefor are to be nominated: yrovided, that they file the 
above described statement and accompanying petition, and 



Acts, 1920. — Chap. 95. 65 

at such preliminary election may vote for candidates for 
said committee, but for no others. 

Section 5. On the first day, other than Sunday or a Names of 
legal holiday, follomng the expiration of the time for filing whe1J'to*be 
the above described statement and petition, the city clerk p°^^^'^- 
shall post in a conspicuous place in the city hall the names 
and residences of the candidates for nomination who have 
duly qualified as candidates for nomination, as they are to 
appear on the official ballots to be used at the preliminary 
election, except as to the order of the names, and shall cause 
the ballots which shall contain said names, in their order as 
drawn by the clerk, and no others, with a designation of 
residence, and of the office and term of service, to be printed, 
and the ballots so printed shall be official and no others shall 
be used at the preliminary election. In drawings for position Drawings for 
on the ballot the candidates shall have an opportunity to be baiiot°° °" 
present in person or by one representative. Blank spaces Blank spaces 
shall be left at the end of each list of candidates for nomina- b°aiiots? etc" 
tion for the different offices equal to the number to be nomi- 
nated 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 such ballots such directions as will aid the voter, as, for 
example: "vote for one", "vote for two", and the like, and 
the ballots shall be headed as follows: — 



OFFICIAL PRELIMINARY BALLOT. 

Candidates for nomination for the offices of ( ) official pre- 

in the city of Newbury port. At a preliminary election to be ballot, heading, 
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.) 

There shall also be a special ballot printed for the use of 
women qualified to vote for members of the school committee, 
and headed as follows : — 

OFFICIAL PRELIMINARY BALLOT FOR W^OMEN. 

Candidates for nomination for members of school com- official pre- 
mittee of the city of Newburyport. At a preliminary elec- fo™women'*"°* 
tion held on the day of heading, etc. 

in the year nineteen hundred and 



66 



Acts, 1920. — Chap. 95. 



Party or po- 
litical designa- 
tions, etc., 
prohibited. 



Counting of 
ballots and 
return of votes. 



Nominations, 
how deter- 
mined. 



Candidates' 
names to be 
printed on oflB- 
cial ballots. 



Tie vote. 



When insuffi- 
cient number 
of statements 
have been filed, 
candidates 
filing state- 
ments to be 



Then shall follow a reproduction of so much of the regular 
ballot as relates to the school committee. 

Section 6. No ballot used at any preliminary, special or 
annual election shall have printed thereon, or appended to 
the name of any candidate, any party or other political 
designation or mark, or anything showing how any candi- 
date was nominated, or indicating his views or opinions. 

Section 7. 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 several 
voting places for each candidate, and forth\\ith make return 
thereof upon blanks to be furnished, as in annual elections, 
to the city clerk who shall canvass said returns and shall 
forthwith determine the result thereof, publish the same in 
one or more newspapers published in the city, and post the 
same in a conspicuous place in the city hall. 

Section 8. The two persons recei\'ing at a preliminary 
election the highest number of votes for nomination for an 
office shall be the sole candidates for that office whose names 
may be printed on the official ballot to be used at the annual 
or special election at which such office is to be filled, and no 
acceptance of a nomination at a preliminary election shall 
be necessary to its validity. 

If two or more persons are to be elected to the same office 
at such annual or special election the several persons in 
number equal to twice the number so to be elected receiving 
at such preliminary election 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 sole 
candidates for that office whose names may be printed on 
the official ballot. 

If the preliminary election results in a tie vote among 
candidates for nomination recei\T[ng the lowest number of 
votes, which, but for said tie vote, would entitle a person re- 
ceiving the same to have his name printed upon the official 
ballot for the election, all candidates participating in said 
tie vote shall have their names printed upon the official 
ballot, although in consequence there be printed tliereon 
candidates to a number exceeding twice the number to be 
elected. 

Section 9. If at the expiration of the time for filing 
statements of candidates to be voted for at any preliminary 
election not more than twice as many such statements have 
been filed with the city clerk for the office of mayor, coun- 



Acts, 1920. — Chap. 96. 67 

cillor at large, or school committee as are to be elected to deemed to have 
said offices respectively, the candidates whose statements nated, etc. 
have thus been filed shall be deemed to have been nominated 
to said offices respectively, and their names shall be used at 
such annual or special election, and the city clerk shall not 
print said names upon the ballot to be used at said prelimi- 
nary election, and no other nomination to said offices shall 
be made. And if in any ward, at the expiration of the time Candidates 
for filing statements of candidates to be voted for at any when^dl^med 
preliminary election, not more than twice as many such nominated!'' 
statements have been filed with the city clerk for the office ®*^^- 
of councillor from such ward as are to be elected, the candi- 
dates whose statements have thus been filed shall be deemed 
to have been nominated, and their names shall be printed on 
the official ballot to be used at such annual or special election, 
and the city clerk shall not print said names upon the ballot 
to be used at said preliminary election, and no other nomi- 
nations to said offices shall be made. And if it shall appear Preliminary 
that no names are to be printed upon the official ballot to be wheQ°not to be 
used at any preliminary election in any ward or wards of the ^^^'^' 
city, no preliminary election shall be held in any such ward 
or wards. 

Section 10. Section sixteen of Part I of chapter two certain provi- 
hundred and sixty-seven of the General Acts of nineteen lawTnitio"*'*"' 
hundred and fifteen, as amended by section one of chapter ^^^^y- 
sixty-eight of the General Acts of nineteen hundred and 
sixteen, shall not apply to the city of Newbur;>'port. 

Section 11. Tliis act shall be submitted to the voters of ^"t^dTo^ 
the city of Newburj-port at the state election in the year voters, etc. 
nineteen hundred and twenty in the form of the following 
question, to be placed upon the official ballot: — "Shall an 
act passed in the current year providing for a preliminary 
election for the choice of municipal officers in the city of 
Newbur\Tport be accepted?" If a majority of the votes cast 
thereon are in the affirmative, this act shall take effect, but 
not otherwise. Approved March 3, 1920. 

An Act relative to the compensation of the assistant Chap, 96 

ASSESSORS OF THE CITY OF BOSTON. 

Be it enacted, etc., as folloivs: 

Section four of chapter ninety-three of the Special Acts of f4\mend^ 
nineteen hundred and eighteen is hereby amended by striking 
out the words "a sum not exceeding twelve hundred dollars". 



68 



Acts, 1920. — Chap. 97. 



Compensation 
of assistant 
assessors of 
city of Boston. 



Appointment 
of head clerk, 
etc. 



in the fourth and fifth lines, and substituting the words: — 
such sum as shall be fixed by the mayor and city council by 
ordinance, — so as to read as follows: — Section 4- The 
board of assessors may, subject to the approval of the mayor, 
appoint and remove such assistant assessors as the work of 
the department requires, and each assistant assessor shall 
receive annually such sum as shall be fixed by the mayor and 
city council by ordinance as compensation for such ser\ace3 
as the board of assessors may prescribe. Such appointments 
may be made from persons now ser\ing as first assistant 
assessors or who have within six years of the passage of this 
act so served, or from the civil ser\ace list of persons eligible. 
The board of assessors may also, subject to the approval 
of the mayor, appoint and fix the compensation of a head 
clerk, and such other clerks and employees as may be found 
necessary. Approved March 3, 1920. 



Chap. 97 An Act relatr'e to the term of office of the city 

COLLECTOR OF REVERE. 

Be it enacted, etc., as follows: 

amended ^^' SECTION 1. Scctiou six of cliaptcr six hundred and 
eighty-seven of the acts of nineteen hundred and fourteen 
is hereby amended by striking out the first paragraph and 
Tenure of office substituting the followiug: — Section 6. At the first mu- 
ciais^^iif Revere, uicipal clcction there shall be elected by ballot a mayor, city 
clerk, city treasurer, city collector, councilmen at large and 
councilmen by wards, members of the school committee and 
assessors. The mayor, city clerk, city treasurer, city collector, 
councilmen at large, councilmen by wards, members of the 
school committee and assessors shall be elected and hold 
office as follows: — The mayor, subject to re-election or re- 
call as hereinafter pro\'ided, city clerk, city treasurer and city 
collector for the term of two years and until their successors 
are elected and qualified; the councilmen at large and the 
councilmen by wards, for the term of one year; the members 
of the school committee for the term of three years each, 
except as is hereinafter provided. 

Section 2. This act shall take effect upon its acceptance 
by the city council of the said city, subject to the provisions 
of its charter: provided, that such acceptance occurs prior 
to the tliirty-first day of December in the current year. 

Approved March 3, 1920. 



To be sub- 
mitted to city 
council, etc. 

Proviso. 



Acts, 1920. — Chaps. 98, 99, 100. 69 



An Act to authorize the city of boston to pay a sum Chap. 98 

OF MONEY to THE WIDOW OF TIMOTHY MOONEY. 

Be it enacted, etc., as follows: 

Section 1. The citv of Boston mav pay to the widow of S!'H°l?^^i?° 
Timothy IMooney, late an employee of the street laying out °!i^°°^f *° 
department of the city, the balance of salary to which he Timothy 
would have been entitled had he lived and continued to 
occupy his position until February first, nineteen hundred 
and twenty. 

Section 2. This act shall take effect upon its acceptance To be sub- 
by the city council of the said city, in accordance with the TOuncii.^etc!'^ 
provisions of its charter, pro\'ided that such acceptance oc- Proviso, 
curs prior to the thirty-first day of December in the current 
year. Approved March 3, 1920. 

x\n Act relative to the maintenance of an athletic QJidj) 99 

FIELD BY THE CITY OF BROCKTON. 

Be it enacted, etc., as follows: 

Section 1. The school committee of the city of Brockton Maintenance 
shall have the sole management and control of the athletic fierd°by'i;'fty*'of 
field on West Elm street in that city, to be given to it by ^^'•"^kton. 
George E. Keith as a memorial to his son Eldon B. Keith, a 
former member of said committee, and shall have authority, 
upon such conditions as the committee shall from time to 
time prescribe, to permit the use of said field for athletic 
games and other entertainments of a public nature at which 
an admission fee may or may not be charged. 

Section 2. This act shall take effect upon its acceptance to be sub- 
by the city council of the said city, subject to the provisions TOuncii.^et"'^ 
of its charter, provided that such acceptance shall occur prior Proviso. 
to the thirty-first day of December in the current year. 

Approved March 3, 1920. 

An Act authorizing cities and towns to establish Qfidjj jqq 

DENTAL, MEDICAL AND HEALTH CLINICS. 

Be it enacted, etc., as follows: 

Section 1. Cities and towns may establish and maintain cities and 
dental, medical and health clinics, and in connection there- estabUsh^den- 
with may conduct campaigns of general education relative Ind h^ith^ 
to matters of public health. ^""^*^- 



70 



Acts, 1920. — Chap. 101. 



Appropria- 
tions, how to 
be expended. 



Clinics, how 
to be con- 
ducted. 



Repeal. 



Siishmint Section 2. Cities and towns, acting through their re- 

of clinics. spective boards of health, may unite and cooperate for the 

purpose of carrying out the pro\asions of this act, and may 

provide for the maintenance of cHnics as aforesaid in one or 

more of the cities and towns so uniting. 

Section 3. All appropriations made for the purpose of 
carr\dng out the provisions of this act shall be expended 
under the direction of the board of health of the city or 
town, and clinics established hereunder shall be conducted 
subject to such rules and regulations as the board may es- 
tablish. 

Section 4. Chapter six hundred and seventy-seven of 
the acts of nineteen hundred and fourteen is hereby repealed. 

Approved March 3, 1920. 

C/iap. 101 An Act eelatwe to the payment of assessments for 

HIGHWAYS AND OTHER PUBLIC IMPROVEMENTS IN THE 
CITY OF BOSTON. 

Be it enaded', etc., as follows: 

Section 1. Section seven of chapter three hundred and 
ninety-three of the acts of nineteen hundred and six is 
hereby amended by striking out the word "September", in 
the fifth line, and substituting the word: — April, — so as 
to read as follows: — Section 7. Every assessment for an 
improvement specified in this act shall bear interest until 
paid, from the day when it is payable, which shall be the 
thirtieth day after it is made, and if not paid before the first 
da}' of April of the year next after the year in which it is 
made, the assessors of said city shall include in the annual 
tax bills for the parcel, or in separate bills, annually, until 
the assessment is paid, a sum not exceeding ten per cent of 
the amount thereof, and shall also include in the bill for the 
first year interest on said amount from the thirtieth day 
after the assessment is made to the last day of October of 
such year, and in the bill for each year thereafter one year's 
interest on the amount of the assessment remaining unpaid; 
or, if the parcel has been di^'ided as hereinafter pro\'ided, 
the assessors shall include the several apportionments and 
their proportions of interest in the annual tax bills, for the 
divisions, or in separate bills, and every amount in any 
such bill shall be collected and paid into the city treasury 
in the same manner in which taxes are collected and paid. 

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

Approved March 5, 1920. 



1906, .39.3, § 7, 
amended. 



Payment of 
assessments for 
highways and 
other public 
improvements 
in city of 
Boston. 



Acts, 1920. — Chaps. 102, 103. 71 



An Act relative to the taxation of retirement QJiav 102 

ALLOWANCES. 

Be it enacted, etc., as follows: 

Section 1. A retirement allowance received by a re- certain retire- 
tired officer or employee of the commonwealth, or of any XesmaJe" 
county, city, town or district thereof, or of a corporation, fnc^J^et^. 
firm, association or individual, or however otherwise such 
an allowance may be described, shall be regarded as income 
from profession, employment, trade or business, within the 
meaning of chapter two hundred and sixty-nine of the 
General Acts of nineteen hundred and sixteen, and shall be 
taxed under the provisions of paragraph (b) of section five 
of said act, and acts in amendment thereof and in addition 
thereto, and shall be entitled to the exemptions and de- 
ductions therein provided for income so received. 

Section 2. Nothing in this act shall affect the exemption Existing exemp- 
from taxation of such pensions or retirement allowances as affected*. 
are now or may hereafter be exempt by law. 

Section 3. This act shall take effect on the first day of Jd^^ritc!''''''^ 
January, nineteen hundred and twenty-one, and shall first 
apply to retirement allowances received during the current 
year and assessed in the year nineteen hundred and twenty- 
one. Approved March 5, 1920. 

An Act relative to the accounts of trustees for C/ia??.103 
county ald to agriculture. 

Be it enacted, etc., as follows: 

Section four of chapter two hundred and seventy-three of i^is, 273 (G), 
the General Acts of nineteen hundred and eighteen is hereby 
amended by adding at the end thereof the following: — The Trustees for 
trustees shall annually appoint, subject to the approval of agri^uRurl to 
the county commissioners, a competent person, who may or ^feaXL!' etc. 
may not be one of their own number, to serve as their treas- 
urer without compensation. He shall have the usual powers 
and duties pertaining to the office of treasurer and shall give 
bond to the county in such sum and with such surety as may 
be approved by the county commissioners. The premium 
on such bond may be paid by the treasurer from any funds 
held by him under the provisions of this act. The accounts Accpunts to be 
of the trustees shall be audited by the division of accounts ^"'^'*®'^- 
in the manner in which other county accounts are audited 



72 



Acts, 1920. — Chap. 104. 



Annual report 
to county com- 
missioners. 



under general law. The trustees shall annually submit to 
the county commissioners a report for the previous year with 
a statement of receipts and expenditures in such form and 
at such time as may be required by the commissioners, and 
the commissioners shall cause the said report to be printed 
as a part of their regular annual report. 

Approved March 5, 1920. 



Harbor line on 
westerly side 
of Weymouth 
Fore river 
above Quincy 
Point bridge 
established. 



C/iap. 104 An Act to establish harbor lines in weymouth fore 

RFV'ER above QUINCY POINT BRIDGE. 

Be it enacted, etc., as follows: 

Section 1. The harbor line on the westerly side of 
Weymouth Fore river above Quincy Point bridge, as estab- 
lished by chapter two hundred and eighty of the General 
Acts of nineteen hundred and sixteen, is hereby altered and 
extended to run as follows: — Beginning at a point on the 
southerly side of Quincy Point bridge, so-called, in latitude 
forty-two degrees, fourteen minutes, forty-one and seven 
tenths seconds north, and longitude seventy degrees, fifty- 
eight minutes, seven and three tenths seconds west; thence 
South thirteen degrees, thirty-four minutes, thirty-five sec- 
onds west, two hundred and eight and twenty-eight hun- 
dredths feet to a point near the southeasterly corner of the 
wharf of the heirs of Catus Patch, in latitude forty-two de- 
grees, fourteen minutes, thirty-nine and seven tenths seconds 
north, and longitude seventy degrees, fifty-eight minutes, 
seven and ninety-five hundredths seconds west; thence 
south nineteen degrees, twenty-nine minutes, eleven seconds 
west, one thousand, five hundred and thirty-six feet to a 
point in latitude forty-two degrees, fourteen minutes, twenty- 
five and four tenths seconds north and longitude seventy 
degrees, fifty-eight minutes, fourteen and seventy-six hun- 
dredths seconds west; thence turning southerly and easterly 
on an arc of a circle of one thousand feet radius one thousand, 
two hundred and ninety-three and seventy-two hundredths 
feet to a point in latitude forty-two degrees, fourteen minutes, 
fourteen and four hundredths seconds north and longitude 
seventy degrees, fifty-eight minutes, nine and eighty-five 
hundredths seconds west; thence south fifty-four degrees, 
thirty-eight minutes, twenty-one seconds east, seven hundred 
and eighty-two and thirty-seven hundredths feet to a point 
in latitude forty-two degrees, fourteen minutes, nine and 
fifty-seven hundredths seconds north and longitude seventy 



Acts, 1920. — Chap. 104. 73 

degrees, fifty-eight minutes, one and forty-four hundredths Harbor line on 
seconds west; thence south eighty-two degrees, twelve ofweimouth 
minutes, thirty-tlu-ee seconds east, one thousand, one hun- Sove Quincy 
dred and sixty-four hundredths feet to a point in latitude fsteWish^^^ 
forty-four degrees, f oiu-teen minutes, eight and ten hundredths 
seconds north and longitude seventy degrees, fifty-seven 
seconds, forty-six and ninety-four hundredths seconds west; 
thence on an arc of a circle of four hundred feet radius, 
cur\'ing southerly, five hundred and forty-six and seventeen 
hundredths feet to a point in latitude forty-two degrees, 
fourteen minutes, four and forty-five hundredths seconds 
north and longitude seventy degrees, fifty-seven minutes, 
forty-two and thirty-six hundredths seconds west; thence 
south three degrees, fifty-seven minutes, forty-five seconds 
east, seven hundred and fifty-five and seventy-nine hun- 
dredths feet to a point in latitude forty- two degrees, thirteen 
minutes, fifty-seven and one hundredth seconds north and 
longitude seventy degrees, fifty-seven minutes, forty-one and 
sixty-seven hundredths seconds west; thence on an arc of a 
circle of four hundred feet radius curving southerly and 
westerly three hundred and seventy-six and fifty-four hun- 
dredths feet to a point in latitude forty-two degrees, thirteen 
minutes, fifty-three and seventy-one hundredths seconds 
north and longitude seventy degrees, fifty-seven minutes, 
forty-tliree and fifty-five hundredths seconds west; thence 
south forty-nine degrees, fifty-eight minutes, twenty-one 
seconds west, two hundred and seventy-five feet to a point , 

in latitude forty-two degrees, thirteen minutes, fift}^-one and 
ninety-six hundredths seconds north and longitude seventy 
degrees, fifty-seven minutes, forty-six and thirty-five hun- 
dredths seconds west, which point is located at the southerly 
corner of a stone wharf. 

The bearings and geographical positions used in the fore- Authorities for 
going description are based on the elements of Clarke's ^^^^^^^' 
spheroid and the astronomical data adopted by the United 
States coast and geodetic survey in the year eighteen hun- 
dred and eighty. 

Section 2. The harbor line on the Quincy side of said ^}^l abolished. 
river, as established by said chapter two hundred and eighty, 
is hereby abolished. 

Section 3. This act shall take effect upon its passage. 

Approved March 5, 1920. 



74 



Acts, 1920. — Chaps. 105, 106. 



Chap.105 An Act to enable the workingmen's co-operative 

BANK to purchase AND HOLD REAL ESTATE. 

Be it enacted, etc., as follows: 

Workingmen's Section 1. The Workingmeii's Co-operative Bank, in- 

Bank may pur- corporated Under the general laws, may purchase or other- 

re^^Ltate. ° wisc acquire, and hold, mortgage, and invest in, real estate in 

the city of Boston to a value not exceeding five hundred 

thousand dollars. 

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

Approved March 5, 1920. 



City of Fitch- 
btirg may 
incur indebt- 
edness for pur- 
pose of making 
additions to 
Burbank 
hospital. 

Burbank Hos- 
pital Loan, 
Act of 1920. 



C/iap. 106 An Act to authorize the city of fitchburg to issue 

BONDS OR notes FOR THE PURPOSE OF MAKING ADDI- 
TIONS TO THE BURBANK HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. The citj^ of Fitchburg may incur indebted- 
ness to the amount of two hundred and twenty-five thousand 
dollars for the purpose of making additions to the Burbank 
hospital, a public hospital in the said city, and may issue 
bonds or notes of the city therefor. Such bonds or notes 
shall be denominated, Burbank Hospital Loan, Act of 1920, 
and shall be signed by the treasurer and countersigned by 
the mayor. They shall bear interest at a rate to be deter- 
mined by the city treasurer with the appro\'al of the mayor, 
and shall be payable by such annual payments, beginning 
not more than one year after the date thereof, as \\\\\ ex- 
tinguish each loan -within twenty years from its date. The 
amount of such annual pajTnent of any loan in any year 
shall not be less than the amount of the principal of the loan 
payable in any subsequent year, and each authorized issue 
of bonds or notes shall constitute a separate loan. The city 
may sell the said securities at public or private sale, upon 
such terms and conditions as it may deem proper, but not 
for less than their par value. 

Section 2. The city, at the time of authorizing the said 
loan, shall provide for the pajment thereof by such annual 
payments as mil extinguish the same within the time pre- 
scribed by this act, and when a vote to this effect has been 
passed, the amounts required therefor shall, without further 
vote, annually be assessed by the assessors of the city, in the 
same manner as other taxes, until the debt is extinguished. 

Section 3. This act shall take effect upon its passage. 

Approved March 5, 1920. 



Payment of 
loan. ■ 



Acts, 1920. — Chap. 107. 75 



An Act to incorporate the fitch home, inc., in the Chap. 107 

CITY OF MELROSE. 

Be it enacted, etc., as follows: 

Section 1. Wallace R. Lovett, Frank M. Hoyt, Edward The^^itch^ 
J. Kitching, Harold Marshall and Robert T. Hay, their incorpisrated. 
associates and successors, are hereby made a corporation by 
the name of The Fitch Home, Inc., 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 relating to charitable corporations. The membership 
of the corporation may be divided into two classes, active 
and associate. The number of active members shall be not 
less than three nor more than seven; the number of asso- 
ciate members shall be unlimited. 

Section 2. The corporation hereby created shall be sit- Location, 

1-1 • r>-nTi 11111 J powers, etc. 

uated m the city of JNlelrose, and shall have power to re- 
ceive, hold and manage upon the trusts set forth in the will 
of Sarah E. Fitch late of INIelrose, dated November sixteenth, 
nineteen hundred and sixteen and allowed by the probate 
court for the county of IVIiddlesex on May fourteenth, nine- 
teen hundred and eighteen, the property given in trust by 
said will. The corporation may also acquire by purchase, 
gift, lease, de\dse or otherwise without limitation as to 
amount, real and personal estate of every description for its 
purposes, and may hold, manage, invest and reinvest the 
same with full power to sell at public or private sale any or 
all of the securities or property held by it at any time, with- 
out any obligation on the part of the purchaser to see to the 
application of the purchase money. 

Section 3. The purpose of said corporation shall be the Purpose. 
maintenance of a home for the residence and support of de- 
serving elderly couples or persons of either sex as specified 
in said will, and the corporation may adopt by-laws for the By-iaws. 
regulation of its business in accordance with law. 

Section 4. The trustees under the said will are hereby Transferor 
authorized and directed to transfer and deliver all of the property to 
trust property now held by them to The Fitch Home, Inc., <=°'"p°''^*'°''- 
■ and the liability of the said trustees shall thereupon cease. 

Section 5. This act shall take effect upon its passage. 

Approved March 5, 1920. 



76 



Acts, 1920. — Chaps. 108, 109, 110. 



Chap. 108 An Act to exempt the city of brockton from building 

A hospital. 

Be it enacted, etc., as follows: 

Section 1. The city of Brockton is hereby exempted 
from the p^o^'isions of section thirty-five of chapter se\-enty- 
five of the Re\dsed Laws, and the amendments thereof, re- 
quiring cities to estabhsh and maintain hospitals for persons 
suffering from certain diseases dangerous to thepubhc health. 

Section 2. The city of Brockton may contract with the 
county commissioners of Ph^nouth county for the care of 
tubercular inhabitants: inovided, that the contract is satis- 
factory to the department of public health. 

Section 3. This act shall take effect upon its passage. 

Approved March 5, 1920. 



City of Brock- 
ton exempted 
from building 
a certain 
hospital. 



May contract 
with Plymouth 
county com- 
missioners for 
care of tuber- 
cular inhabit- 
ants. 
Proviso. 



C/^ap. 109 An Act to authorize the county of Suffolk to retire 

AND PENSION JOHN COLLINS. 

Be it enacted, etc., a^ follows: 

Section 1. The county of Suffolk may retire John Col- 
lins, now seventy-tlu-ee years of age, who has served the 
county as electrician in its court house for the past twenty- 
five years, and may pay him for the remainder of his life an 
annual pension equal to one half of the salary received by 
him at the time of his retirement. 

Section 2. This act shall take effect upon its acceptance 
by the mayor and city council of the city of Boston, subject 
to the pro\'isions of its charter, pro^'ided that such accept- 
ance occurs prior to the thirty-first day of December in the 
current year. Approved March 5, 1920. 



Suffolk county 
may retire 
John Collins. 



To be sub- 
mitted to 
mayor and 
city council, 
etc. 
Proviso. 



Chap. 110 An Act to extend the borrowing poavers of co- 
operative BANKS. 

Be it enacted, etc., as follows: 

Section fourteen of chapter six hundred and twenty-three 
of the acts of nineteen hundred and twelve, as amended by 
section four of chapter six hundred and forty-three of the 
acts of nineteen hundred and fourteen, is hereby further 
amended by striking out the word "depositors", in the 
seventeenth and eighteenth lines, and substituting the word: 



1912, 623, § 14, 
etc., amended. 



Acts, 1920. — Chap. 111. 77 

— shareholders, — and by inserting after the word "for", in 
the eighteenth hne, the words : — real estate loans or, — 
and by inserting after the word "company", in the twenty- 
third line, the words: — for a period of not more than six 
months, — so as to read as follows: — Section 14- Upon Borrowing 
giving thirty days' notice in writing to the treasm*er of his opmIuvJ *"** 
intention so to do, a shareholder may withdraw unpledged ^endSi^''" 
shares, but the officers of such corporation may at any time 
require a member holding unpledged matured shares to give 
ninety days' ^\Titten notice of his intention so to do, and 
shall be paid the balance remaining after deducting from the 
amount then standing to the credit of the shares all fines, 
any other charges legally incurred, and such part of the 
profits credited thereto, as the by-laws may prescribe; but 
at no time shall more than one half of the funds in the treas- 
ury be applicable to the demands of withdrawing share- 
holders without the consent of the directors. All with- 
drawals shall be paid in the order in which notices thereof 
are given, and the treasurer may waive such notices, in his 
discretion, under such restrictions as may be imposed by the 
board of directors. On any occasion when there is an un- Consent of 
usual demand bv shareholders for real estate loans or with- ^" ^°'"" 



missioner 



drawal from the funds of any co-operative bank operating bo*j-ro^,^ ^° 
under this act, such co-operative bank by a vote of at least 
three fifths of its directors and with the consent of the bank 
commissioner, may borrow from any national bank, savings 
bank, co-operative bank or trust company for a period of 
not more than six months. As security for such loans, it 
may pledge any portion of its securities or resources. 

Approved March 5, 1920. 

An Act authorizi'NG assessments for metropolitan fire Chav. Ill 

PREVENTION SERVICE UPON CERTAIN CITIES AND TOW^NS. 

Be it enacted, etc., as follows: 

The treasurer and receiver-general may annually assess Assessments 

.1 • ^ e n j." • j_i j. i*j, for metropoli- 

tne expense mcurred tor fare prevention m the metropohtan tan fire pre- 
district upon the cities and towns included therein in accord- upon°cMte?n "^ 
ance with the pro\'isions of sections twenty-five and twenty- tow^'Ttfthor- 
six of chapter seven hundred and ninety-five of the acts of >^e<i- 
nineteen hundred and fourteen, notwithstanding any pro- 
vision of chapter three hundred and fifty of the General 
Acts of nineteen hundred and nineteen. 

Approved March 5, 1920. 



78 Acts, 1920. — Chaps. 112, 113, 114, 115. 



Chap. 112 An Act relatr^e to the appointment of a purchasing 

AGENT AND A STOREKEEPER BY THE SUPERINTENDENT OF 
BUILDINGS. 

Be it enacted, etc., as follows: 

r^o'fmelid^ Section twenty of chapter three hundred and fifty of 
the General Acts of nineteen hundred and nineteen is hereby 
amended by striking out the second sentence and substi- 

Superintendent tuting the folloAA'ins; : — He mav appoint and at his dis- 

of buildings .'^ '^ . . "^1.1 1 

may appoint a crctiou rcmove, a purchasnig agent and a storekeeper whose 
agent and\ appointment and removal shall not be subject to the civil 
storekeeper. scpvice laws and Fcgulations but shall be subject to the 
approval of the governor and council. 

Approved March 5, 1920. 

Chap. 113 An Act to require the disch.\rge in certain cases 

OF PERSONS IN CUSTODY PENDING ACTION BY THE GRAND 
JURY. 

Be it enacted, etc., as follows: 
Discharge in The grand jury shall, during its session, make daily return 

CGrtain chsgs of o w t/ -' o ^ %j 

persons in cus- to the court of all cascs wherein it has finally determined 
action by grand uot to prcscut an indictment against an accused person held 
^^^^' in custody pending its action, and such person shall there- 

upon forthwith be discharged by order of the court unless 
he is held on other process. Approved March 9, 1920. 

Chap. 114: An Act to authorize cities and towns to borrow 

MONEY FOR THE PAYMENT OF JUDGMENTS. 

Be it enacted, etc., as follows: 

19^3,^719 § 5. Section five of chapter seven hundred and nineteen of the 
acts of nineteen hundred and thirteen is hereby amended 
by inserting a new clause after clause fifteen, as follows: — 

Cities and (7^) Por the pavmcut of final iudgments rendered after the 

towns may X. », c , Jo 

borrow money tlxmg 01 tlic tax rate lor the current year, one year. 

of judgments. Approvcd Marcli 9, 1920. 

Chap. 115 An Act to define the status of chauffeurs of the 

LOWELL police DEPARTMENT IN RESPECT TO PENSIONS. 

Be it enacted, etc., as follows: 

fhlu'ffeS^sof Section 1. The chauffeurs of the police department of 
Lowell police the city of Lowell shall hereafter be entitled to all the rights 



Acts, 1920. — Chaps. 116, 117. 79 

and p^i^'ileges now accruing to members of the said depart- department in 
ment under the pro\'isions of sections twentj'-nine and thirty sions defined. 
of chapter one hundred and eight of the Re\T[sed Laws as 
amended and affected by chapter fom* hundred and twenty- 
eight of the acts of nineteen hundi'ed and three, and as 
amended by chapter one hundred and eighty-eight of the 
acts of nineteen hundred and nine, and under all acts in 
amendment thereof or in addition thereto. 

Section 2. This act shall take effect upon its acceptance To be sub- 
by vote of the city council of the said city, subject to the TOuncii.^etc!*^ 
provisions of its charter, pro\dded that such acceptance Proviso, 
occurs prior to the thirty-first day of December in the cur- 
rent year. Approved March 9, 1920. 

An Act to authorize the town of acushnet to bor- Chap.W^ 

ROW money for the construction of a schoolhouse. 
Be it enacted, etc., as follows: 

Section 1. The town of Acushnet, for the purpose of net'^^a"^ borrow 
acquiring land for and the construction, furnishing and money for con- 
equipping of a schoolhouse, may issue from time to time, schoolhouse. 
outside the statutory limit of indebtedness, bonds or notes 
to an amount not exceeding twenty-five thousand dollars. 
Such bonds or notes shall be denominated on their face, 
Acushnet School Loan, Act of 1920, shall bear such rate of schooriian. 
interest as may be fixed by the town treasurer -^dth the -^'^t °^ ^^^o. 
approval of the selectmen, and shall be issued in compliance 
with the requirements of chapter seven hundred and nineteen 
of the acts of nineteen hundred and thirteen, and the amend- 
ments thereof. Each authorized issue shall constitute a sep- 
arate loan, and any premiums, received on the said loans shall 
be used as pro\'ided by general law. 

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

Approved March 10, 1920. 

An Act to authorize the state street trust company Chap. Ill 

TO HOLD REAL ESTATE. 

Be it enacted, etc., as follows: 

The State Street Trust Company, incorporated by chapter state street 
one hundred and ninety-nine of the acts of eighteen hundred panfma^" 
and ninety-one, under tlie name of the State Street Safe es°/atel^' 
Deposit and Trust Company, which was changed to the Boston. 
present name by chapter one hundred and seventy-one of 
I 



80 



Acts, 1920. — Chaps. 118, 119, 120. 



the acts of eighteen hundred and ninety-seven, may acquire 
and hold real estate in the city of Boston, suitable for the 
transaction of its business, and not exceeding in value the 
sum of three million dollars. Approved March 10, 1920. 



C/iap. 118 Ax Act authorizing the merchants trust company to 

HOLD ADDITIONAL REAL ESTATE IN THE CITY OF LAW- 
RENCE. 

Be it enacted, etc., as follows: 

The jNIerchants Trust Company, organized under the 
general laws of the commonwealth, and having its place 
of business in the city of Lawrence, may acquire, hold, and 
invest in real estate in said city to a value not exceeding five 
hundred thousand dollars. Approved March 10, 1920. 



Merchants 
Trust Com- 
pany may 
hold additional 
real estate in 
city of 
Lawrence. 



C/iap. 119 An Act to authorize the county of dukes county to 

RETIRE AND PENSION HIRAM CROWELL. 

Be it enacted, etc., as follows: 

Say ret?rT"*^ Section 1. Hiraiii Crowell, who has been in the employ 
Hiram Crowell. of the couuty of Dukcs Couuty as keeper of the jail and 
janitor of the court house for more than thirty years, and 
who, because of old age, is incapacitated for further service, 
may, by vote of the county commissioners, be retired with 
an annual pension not exceeding twenty dollars a month. 

Section 2. This act shall take effect upon its acceptance 
by the county commissioners of said county: provided, that 
such acceptance occurs prior to the thirty-first day of Decem- 
ber in the current year. Approved March 10, 1920. 



To be sub- 
mitted to 
county com- 
missioners, etc. 
Proviso. 



Chap.120 An Act relative to the admission in evidence of 
records of conviction to affect the credibility of 
witnesses. 



Emergency 
preamble. 



R. L. 175, § 21. 
etc., amended. 



Whereas, The immediate taking effect of this act would 
tend to prevent injustice in the trial of causes; therefore it 
is hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Chapter one hundred and seventy-five of the Revised 
Laws, as amended by chapter eighty-one of the acts of nine- 
teen hundred and thirteen, by chapter four hundred and six 



Acts, 1920. — Chap. 121. ^ 81 

of the acts of nineteen hundred and fourteen, and by chapter 
two hundred and sixty-eight of the General Acts of nine- 
teen hundred and nineteen, is hereby further amended by 
striking out section twenty-one and substituting the follow- 
ing: — Section 21. The con\iction of a witness of a crime Admission in 
may be shown to affect liis credibility, except as follows: recofckofcon- 

First, The record of his con\-iction of a misdemeanor shall credibyty''o1[^*'* 
not be shown for such purpose after fi\'e years from the date ^^itnesses. 
on which sentence on said con\'iction was imposed unless he 
has subsequently been con^•icted of a crime TNitliin five years 
of the time of his testifying. 

Second, The record of his conx-iction of a felony upon 
which a fine only was imposed, or a sentence to a reformatory 
prison, a common jail, or a house of correction, shall not be 
shown for such pm-pose after ten years from the date on 
which sentence on said con\'iction was imposed, unless he 
has subsequently been convicted of a crime v.ithin ten years 
of the time of his testifising. 

Third, The record of his con^'iction of a felony upon which 
a state prison sentence was imposed shall not be shown for 
such purpose after ten years from the date of expiration of 
the minimum term of imprisonment imposed by the court, 
unless he has subsequently been convicted of a crime within 
ten years of the time of his testifying. 

Approved March 10, 1920. 

An Act to ArTHORizE the ^\'yman Gordon company to Chav. 121 

MAINTAIN BRIDGES OVER BRADLEY AND GOLD STREETS IN 
THE CITY OF WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. Upon petition and after seven days' notice wyman Gordon 
inserted in at least three newspapers published in the city of buifcPand °^^^ 
Worcester, and a public hearing thereon, the board of alder- brfdg^'over 
men of said city may, by a two thirds ^•ote, with the approval c^'id'stree't'^in 
of the mayor, issue a permit to the W^mian Gordon Com- city of 
pany of Worcester, a corporation, to build and maintain a 
bridge over Bradley street and a bridge over Gold street in 
said city, for the purpose of connecting the buildings occupied 
by said corporation on opposite sides of the said streets, 
upon such conditions and subject to such restrictions as the 
said board may prescribe. Any permit so issued may be Revocation. 
revoked by vote of the board of aldermen, with the approval 
of the mayor. 



82 Acts, 1920. — Chaps. 122, 123. 

Restrictions. Section 2. Any bridge built under a permit granted as 

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 six feet in \^-idth, and no part of 

said bridge or its support shall rest on the surface of the 

street. 

?etSmfn4d°^ Section 3. Any person whose property is damaged by 

etc. reason of the construction or maintenance of a bridge as 

aforesaid may have the damages determined by a jury upon 

petition filed in the superior court within one year after the 

approval of the permit by the mayor, as above provided, 

arid when the damages are so determined shall be paid by 

the said Wjonan Gordon Company. 

Section 4. This act shall take effect upon its passage. 

Approved March 12, 1920. 

Chap. 122 An Act to PRovroE for the disposal of unclaimed 

MONEY IN THE HANDS OF PROBATION OFFICERS. 

Be it enacted, etc., as folloivs: 

moneyTnliands Exccpt as provldcd by scctiou one of chapter two hun- 
of probation (j^ed and twentv of the Revised Laws, as amended bv chapter 

OlIlCBrS to DC *^ ^ It 

paid to county three hundred and thirty-eight of the acts of nineteen him- 
dred and five, by chapter one hundred and fift\'-four of the 
acts of nineteen himdred and twelve, and by chapter six 
hundred and fifty-three of the acts of nineteen hundred and 
thirteen, money collected by a probation officer under order 
of the court by which he is appointed, if unclaimed after one 
year from the time of its collection, shall, upon further order 
of the court, be paid to the treasurer of the county in which 

Proviso. ^\^Q court is situated for the use of the county: provided, 

however, that any part of the said money may be paid to 
persons establishing a lawful claim thereto before the county 
commissioners, within five years of its paxinent to said 
treasurer, unless sooner paid over by order of the said com- 
missioners. Approved March 12, 1920. 

Chap. 12S An Act to provide for the filing and approval of 

RIDERS AND OTHER PAPERS USED IN CONNECTION WITH 
INSURANCE POLICIES. 

Be it enacted, etc., as follows: 
Riders, etc., SECTION 1. All provisious of law relative to the filing of 

usGci in connGC" 

tion with insiir- policy forms \\ith, and the approval of such forms by, the 

ance policies to ^ 



Acts, 1920. — Chaps. 124, 125. 83 

commissioner of insurance, shall also apply to all forms of ancfapproved 
riders, endorsements and applications designed to be attached '^.y commis- 

' . 11 1 • sioner of insur- 

to such policy forms and when so attached to constitute a ance. 
part of the policy contract, provided that riders or endorse- Proviso. 
ments used at the request of indi\ddual policyholders in 
connection with policies of Kfe insurance relative to the 
distribution of benefits payable under their policies or to the 
reservation of rights or benefits thereunder, may be used, 
so far as consistent with law, without such approval. 
Section 2. The commissioner of insurance may require Policy forms. 

, 1 • 1 p ^ • • ,• • p etc., to be sub- 

an insurance company to submit tor liis inspection copies or mitted for 
any policy form used by the company and a form of any '°^p®''*'°°' ®**'- 
rider, endorsement or application used in connection there- 
with, and copies of any circular or other advertising matter 
issued by it in the commonwealth. A company or officer Penalty. 
thereof who, within thirty days after receipt of a written 
request therefor, neglects or refuses to comply with the pro- 
visions of this section shall be punished for each offense, by 
a fine of not less than one hundred dollars nor more than 
five hundred dollars. Apj^roved March 12, 1920. 

An Act relative to placing special assessments for CJiap.124: 

PUBLIC improvements ON THE ANNUAL TAX BILL. 

Be it enacted, etc., as follows: 

Subsection four of section tw^o hundred and nineteen of Pgf^^^ubsect 
chapter two hundred and fifty-seven of the General Acts of 4, amended. 
nineteen hundred and eighteen is hereby amended by striking 
out all after the word "unpaid", in the last sentence of said 
subsection, and substituting the following: — on the first 
day of April in any year, shall be placed on the annual tax 
bill for such real estate for said year, — so that said sentence 
will read as follows: — All assessments apportioned under special assess- 
section twelve, and all other assessments on real estate j^uWic improve- 
constituting a lien thereon and remaining unpaid on the pieced o°n^'' 
first day of April in any year, shall be placed on the annual ^^^^^ ^^^ 
tax bill for such real estate for said year. 

Approved March 12, 1920. 

An Act to authorize the city of lynn to pension Chap. 125 

MARY E. CUNNINGHAM. 

Be it enacted, etc., as follows: 
Section 1. The citv of . Lvnn mav pay to Mary E. City of Lynn 

. , „ " " . 1 1 p • '"^y pension 

Cunningham, for twenty-two years m the employ of its poor M'^''^.^ , ^ 



84 Acts. 1920. — Chap. 126. 

department, an annual pension, so long as she remains un- 
married, not exceeding four hundred and fifty-five dollars, 
mtue/to'city SECTION 2. This act shall take effect upon its acceptance 
council, etc. \)y ^jjg ^itv council of the said city, subject to the pro^^sions 
Proviso. Qf j^g charter, provided that such acceptance occurs prior to 

the thirty-first day of December in the current year. 

Approved March 12, 1920. 

Chap.l2Q Ax Act to authorize the extension of the aknold 

ARBORETUM IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 
Park and SECTION 1. For the purposc of extending ' the Arnold 

recreation ii i i p i i • i i 

department of Arborctum, so-callcd, and for the purposes, and vnth the 
may take powcrs and undcr the limitations, set forth in chapter one 

purpose of ^"^ hundred and eighty-fi^"e of the acts of eighteen hundred and 
atum'^^ seventy-five, and acts in addition thereto and in amendment 
^tc^*"^^*"™' thereof, the park and recreation department of the city of 
Boston may, at any time or from time to time, take the 
whole or any part of that tract of land in the West Roxbury 
district of the said city which is held by the President and 
Fellows of Harvard College under the trusts created by the 
"will of Benjamin Bussey, and may also take the whole or 
any part of any land in the city of Boston hereafter held or 
acquired by the President and Fellows of Harvard College, 
which shall be dedicated by them to the use of the arbor^e- 
tum, which the said department may deem necessary or con- 
May lease parts ^'enient for use in connection with the arboretum. The said 
etc. ' department may lease any parts of the land so taken, which 

it may deem unnecessary for use as parkways or otherwise, 
to the President and Fellows of Har^•ard College to be used 
for the same uses and purposes for which they now use 
the arboretum under the trusts created by the wills of 
Benjamin Bussey and James Arnold. Such leases shall be 
made for such terms and upon such covenants and condi- 
tions, especially as to the use of the land by the public, as 
may be agreed upon by the said department, with the ap- 
proval of the mayor, and the President and Fellows of Har- 
vard College. The said department, on behalf of the city 
of Boston, and the treasurer of Harvard College on behalf of 
the president and fellows thereof, are hereby authorized to 
execute and deliver leases as aforesaid. 
toTa^nd ttken SECTION 2. For land belonging to the President and 
Fellows of Harvard College taken under the pro\'ision9 of 



Acts, 1920. — Chap. 127. 85 

this act no compensation shall be paid; but for land of other 
persons or corporations taken hereunder such compensation 
shall be paid as may be agreed upon by the said department 
and the owners of the land; and if they cannot agree, the 
compensation may be determined in the same manner in 
which damages for land taken for highways are determined. 

Section 3. This act shall take effect upon its acceptance To be sub- 
by the mayor and citv council of the city of Boston. mayor and city 

Approved March 12, 1920. "°"°"'- 

An Act relative to the selection of commissioned Chap. 127 

OFFICERS OF THE LAND FORCES. 

Whereas, There is immediate need of reorganizing the Emergency 
military forces of the commonwealth, therefore, this act is ^'^*™ 
hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. All commissioned officers of the land forces Commissioned 
shall be selected from the ehgible officers' list, as pro\dded in forcls"how^ 
section one hundred and five of chapter three hundred and ^®'®°*^®'^- 
twenty-seven of the General Acts of nineteen hundred and 
seventeen, as amended by section five of chapter three hun- 
dred and one of the General Acts of nineteen hundred and 
nineteen, and by section four of this act, in the manner fol- 
lowing : — General officers and chiefs of departments shall ^f^ c^hieFs^o?'^^ 
be appointed by the commander-in-chief from said list. departments. 

Regimental and separate unit commanders shall be ap- Regimental and 
pointed by the commander-in-chief from said list upon the Hmmlldevs. 
recommendation of superior commanders, if any. 

All other officers of the line shall be appointed by the other officers 
commander-in-chief from said list upon the recommendation °^ ^ ^ ''°®" 
of regimental or separate unit commanders, approved by 
superior commanders, if any. 

Departmental officers shall be appointed by the com- Departmental 
mander-in-chief from said list upon the recommendation of ° ^^'^'" 
the chief of the department in which the appointment is to 
be made. 

Section 2. Section eighty-five of said chapter three 1917, 327 (O. 
hundred and twenty-seven is hereby amended by striking ^ ' *™^° 
out the words "election or", where they occur in the second 
and eighth lines, so as to read as follows: — Section 85. No Eligibility to 
person, except an officer of the United States army, shall as commis- 



86 



Acts, 1920. — Chap. 127.. 



sioned-ofScers, 
etc. 



1917, 327 (G), 
§ 86, amended. 



Relative rank 
of commis- 
sioned officers. 



Day of appoint- 
ment to be 
expressed in 
commission, 



Rank of 
graduates of 
training school, 
etc. 



be eligible to appointment as a commissioned officer in the 
land forces who is not a male citizen of the United States of 
twenty-one years of age or upward, resident in this common- 
wealth, or who is disqualified by law from enrollment in the 
militia, or who is not certified as eligible by the" military 
service commission as hereinafter pro\dded; and no person 
shall be eligible to such appointment who is under sentence 
of disability to hold office or command, or of suspension from 
command, in the military forces of the United States or of 
any state. But no citizen not subject to enrollment on ac- 
count of his age, or other^^^se qualified, but exempted from 
military ser\ice by the laws of the United States, or sub- 
ject to enrollment but not enrolled, shall, on that account, 
be ineligible to position in the land forces, or incapable of 
ser\ang in a volunteer company, imless he is made ineligible 
to such office or service by the laws of the United States. 
No person shall receive a commission in the national guard 
unless he has been selected from such classes as may be pre- 
scribed by the laws of the United States. 

Section 3. Section eighty-sLx of said chapter three hun- 
dred and twenty-seven is hereby amended by striking out 
the words "or election", in the tenth line, and by striking 
out the word "elected", in the twelfth line, so as to read as 
follows : — Section 86. Commissioned officers of the land 
forces shall rank in their grade, according to the date of 
their commissions. Between officers of the same grade and 
date of appointment or commission, where there has been 
no previous commissioned service, the relative rank shall be 
determined by lot. Where there has been such previous 
service in the army of the United States, or in the national 
guard or national guard reserve of this commonwealth, it 
shall count in the order herein named. 

The day of the appointment of an officer shall be expressed 
in his commission and shall be considered as the date thereof. 
When an officer is appointed or transferred from one office or 
organization to another, \nthout increase of grade or loss of 
continuous service, he shall rank in his grade according to 
the date of his original commission, which shall be stated in 
his new commission. 

Graduates of the training school, national guard, Massa- 
chusetts volunteer militia, holding commissions on the re- 
serve list of the same date, shall take rank among themselves 
according to their standing in the class in which they gradu- 
ated. Officers on the reserve list shall take rank after all 
officers of like grade on the active and retired lists. 



Acts, 1920. — Chap. 127. 87 

Section 4. Section one hundred and five of said chapter i917^32MG), 
three hundred and twenty-seven, as amended by section amended;' 
five of chapter three hundred and one of the General Acts of 
nineteen hundred and nineteen, is hereby further amended 
by striking out the words "elective or appointive", in the 
second and third lines of sub-paragraph (c), by striking out 
the words "or elected", in the second line of sub-paragraph 
(/?), and by striking out the words "elected or", in the first 
line of sub-paragraph (i) so as to read as follows : — Section Military service 
105. (a) The commander-in-chief shall, upon the passage app(^ntm°en't, 
of this act, appoint or detail a military service commission ®*°' 
to consist of tliree commissioned officers, who shall be ap- 
pointed for one, two and three years, respectively, and 
thereafter each commissioner shall be appointed for the 
term of three years. 

(b) The military ser\4ce commission shall establish an Eligible officers' 
eligible officers' list for all commissioned grades in the land ''^*" 
forces. 

(c) The commission shall from time to time prepare rules Rules, etc. 
regulating the selection of persons to fill commissioned office 

in the land forces. Such rules may be of a general or limited 
apphcation and shall include provision for: (1) the classifi- 
cation of all grades to be filled; (2) open, competitive and 
other examinations to test the practical fitness of applicants; 
(3) the filling of vacancies in and selection of persons for 
commission in the land forces, in accordance with the fitness 
of applicants and the results of such examination or other- 
wise; and shall take eft'ect only when approved by the com- 
mander-in-chief. 

(d) The commission may designate commissioned officers Examiners. 
of the regular army or land forces to act as examiners of 
particular grades or branches of the service. 

(e) The commission and examiners shall receive such pay Pay of com- 

/, , , p , , . 1 . , mission and 

tor duty performed and may nicur such expenses as the examiners. 
commander-in-chief shall order. 

(/) The commission shall prepare a full record of its pro- Records, 
ceedings and findings in the case of each person appearing 
before it for examination. 

(g) All examinations as to physical qualffications to hold fj|^-na\ion 
office in the land forces shall be made by a board of tliree ^^■ 
medical officers appointed by the commander-in-chief. If 
the board of medical officers finds that an officer is physically 
competent to perform the duties of his office, it shall certify 
that fact to the commander-in-chief; if, in the opinion of 
the medical board, an officer is not physically fit to perform 



88 Acts, 1920. — Chap. 127. 

his duties, it shall transmit a report to the commander-in- 
chief setting forth the nature of the disabilities found and 
the manner and extent to which such disabilities are likely 
to prevent or impair the full performance of the duties of 
Physical the officc. Whenever the commander-in-chief finds that an 

may be waived officcr who lias been reported by the medical board to be 

in certain cases. i • n i p • i i i i» 

physically unsound possesses professional and general quali- 
fications of a high order, and that his physical disabilities 
^\'ill not materially impair his efficiency as an officer, he may 
thereupon waive such physical disabilities and order the 
officer to duty. A detailed description of such disabilities 
and all reports and facts resulting in a waiver of the same 
shall be entered in the military record of the officer con- 
cerned. 
No further (/;) Au officcr who has bccu Certified as eligible for his 

examination tor , .„ . , , . . , , . " i i ii 

appointment to grade, II appointed and assigned to duty m that grade, shall 
officer is not be required to take another examination under the 

® '^* ^' rules adopted by authority of subsection (c) in order to con- 

tinue to hold the same commission. But the military service 
commission may, by rule or regulation, limit the length of 
time during which an applicant's name may remain on an 
eligible list without re-examination. 
Certain officers (i) Officers appointed from one office to another of equal 

exempt from "• ' ^T , , i j« i •!• • • 

examination, or lowcr grade 111 the same branch of the mintia service, 
chaplains, and retired officers, shall be exempt from all ex- 
aminations under this act, as to professional and practical 
qualifications. 

Certain persons fj) Subiect to Article LIII of the articles of amendment 

to DP dIrccq on 

eiigibieiist of the coiistitutioii, aiiy person certified as eligible for any 
examination, spcclficd grade lu the national guard under the laws of the 
United States shall be placed on the eligible list by the 
military service commission without professional examina- 
tion. The commission ^hall prepare the final examination 
of the training school, and its graduates shall be placed on 
the eligible list. 
1917, 327(G), Section 5. Section one hundred and eleven of said 

§ 111, amended. 

chapter three hundred and twenty-seven is hereby amended 
by striking out the word "election", in the second line, and 
substituting the word : — appointment, — and by striking 
out the word "re-election", in the tliird line, and substi- 
tuting the word : — reappointment, — so as to read as f ol- 
fe'ilfrfu^term lows: — Sectioii 111. The term of office of a brigadier gen- 
of office. qyq[ q{ the line shall be five years from the date of his 

appointment, and he shall be inehgible for reappointment. 



Acts, 1920. — Chap. 128. 89 

The time during which such an officer is in the service of 
the United States, shall be excluded from, and shall be in 
addition to, the term of office herein specified. 

Section 6. Section one hundred and twelve of said fiW^fmenied. 
chapter three hundred and twenty-seven is hereby amended 
by striking out the word "election", in the third line, and 
substituting the word : — ■ appointment, — and by striking 
out the word "re-election", in the fourth line, and substi- 
tuting the word: — reappointment, — so as to read as fol- 
lows: — Section 112. The term of office for a colonel of a Coionei, term 
regiment, and for the colonel of the coast artillery corps, 
shall be seven years from the date of his appointment and 
he shall be ineligible for reappointment. The time during 
which such an officer is in the service of the United States, 
shall be excluded from, and shall be in addition to, the term 
of office herein specified. 

Section 7. Said chapter three hundred and twenty- i9i7, 327 (O, 
seven is hereby further amended by striking out section ' ^^^^ 
eighty-seven and substituting the following: — Sec^io^ 87. staff officers 
All staff officers of the national guard, including officers of guard, quaiifi- 
the pay, inspection, subsistence and medical departments, of ser"vice?'eTc. 
hereafter appointed, shall have had previous military ex- 
perience, and shall hqld their positions until they reach the 
age of sixty-four years, unless retired prior to that time by 
reason of resignation, disability, or for cause to be deter- 
mined by a court martial legally convened for that purpose, 
and vacancies among said officers shall be filled by appoint- 
ment from the officers of the militia of Massachusetts. 

Section 8. Sections eightj^-nine, ninety, ninety-one, Repeals. 
ninety-two, ninety-three, ninety-four, ninety-five, ninety- 
six, ninety-seven, ninety-eight, ninety-nine, one hundred, 
one hundred and one, one hundred and two, one hundred 
and three and one hundred and four of said chapter three 
hundred and twenty-seven are hereby repealed. 

Approved March 13, 1920. 

An Act to increase the number of trustees of the Chaj).\2S 

tabor academy in the town of MARION. 

Be it enacted, etc., as follows: 

Section 1. The number of authorized trustees of the Number of 
Tabor Academy in the town of Marion is hereby increased Tabor Academy 
to nine. The additional trustees pro\ided for herein shall Mar'ion in- 
be appointed b}' the present trustees and any vacancies in ^'^^'^'^^- 



90 



Acts, 1920. — Chaps. 129, 130. 



said additional trustees shall be filled by the remaining trus- 
tees of the academy in accordance wdth the provisions of 
the will of Elizabeth Tabor, late of Marion, deceased, so 
far as the same apply thereto. 
Section 2. Tliis act shall take effect upon its passage. 

Approved March 17, 1920. 



Chap. 129 An Act relative to the certification of signers of 
initiative and referendum petitions by the election 
commissioners of boston. 

Be it enacted, etc., as follows: 

Section 1. Petitions under the initiative and referen- 
dum which require submission to the election commissioners 
of Boston for certification of the signers thereof as qualified 
voters, shall so be submitted not later than ten dajs pre- 
ceding the time provided for filing said petitions with the 
secretary of the commonwealth. 

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

Approved March 17, 1920. 



Time for sub- 
mitting initia- 
tive and refer- 
endum petitions 
to Boston 
election com- 
missioners for 
certification of 
signers thereof. 



Town cf 
Uxbridge may 
convey certain 
land to Pros- 
pect Hill 
Cemetery 
AssociatioD. 



C/iap. 130 An Act authorizing the town of ldv;bridge to convey 

CERTAIN LAND TO THE PROSPECT HILL CEMETERY ASSO- 
CL^TION. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Uxbridge 
may convey to the Prospect Hill Cemetery Association, 
by deed executed by the selectmen of the town, a certain 
tract of land now owned by the inhabitants of said town 
and used as a cemetery, being the premises described 
in a deed from Jonathan Farnum to the inhabitants of the 
town of Uxbridge, dated April thirteenth, se\'enteen hundred 
and ninety-fi^'e, and recorded with Worcester district deeds, 
book one hundred and twenty-five, page one hundred and 
ninety-one, together vnth. all the right, title and interest of 
said inliabitants in and to said tract; and the Prospect Hill 
Cemetery Association is hereby authorized to acquire said 
tract and all rights therein as aforesaid. 

Section 2. All real estate and property rights acquired 
by the Prospect Hill Cemetery Association under this act 
shall be held and managed by said association in the same 



Property 
acquired, how 
to be held and 
managed. 



Acts, 1920. — Chap. 131. 91 

manner in which their other land is now held and managed 
by the association : provided, that all rights which any per- Proviso. 
sons have acquired in said real estate so acquired, or in any 
lots therein, shall remain in force to the same extent as if 
this act had not been passed. 

Section 3. The income of all funds created for the per- income of 
petual care of lots in said cemetery while the same belonged tobepaid'to'' 
to the inhabitants of the town of Uxbridge shall be paid to th^ association. 
the Prospect Hill Cemetery Association for the care of the 
respective lots for which said funds were created. 

Section 4. This act shall take effect upon its passage. 

Approved March 17, 1920. 



An Act relattve to certain par.ades by posts of the 
american legion. 



Chaj).l?»\ 



Be it enacted, etc., as follows: 

Section fifty-nine of Part I of chapter three hundred and ^^'^'l-V^''' 
twenty-seven of the General Acts of nineteen hundred and amended. ' 
seventeen is hereby amended by inserting after the word 
"republic", in the thirty-first line, the words: — and of the 
American Legion, — so as to read as follows: — Section 59. Parade with 
No body of men, except the volunteer militia, the troops permitted 
of the United States, the Ancient and Honorable Artillery organizations. 
Company of Boston, and the home guard, shall maintain an 
armory, or associate together at any time as a company or 
organization, for drill or parade with firearms, nor so drill 
or parade; nor shall any city or town raise or appropriate 
money toward arming, equipping, uniforming, supporting or 
providing drill rooms or armories for any such body of men: 
provided, that associations wholly composed of soldiers hon- Pro%-iso. 
orably discharged from the ser\'ice of the United States 
may parade in public with arms, upon the reception of any 
regiment or company of soldiers returning from said service, 
and for escort duty at the burial of deceased soldiers, with 
the written permission of the mayor and aldermen of the 
city or selectmen of the town in which they desire to parade; 
that students in educational institutions where military 
science is a prescribed part of the course of instruction may, 
wdth the consent of the governor, drill and parade ^^ith fire- 
arms in public, under the superintendence of their teachers; 
that members of schools for military instruction conducted 
with the approA'al of the governor, may drill and parade 



92 Acts, 1920. — Chap. 132. 

Foreign with firearms in public, under the supendsion of their in- 

troops, e c. structorsj that foreign troops whose admission to the United 
States has been consented to by the United States govern- 
ment may, with the consent of the governor, drill and parade 
with firearms in public; and any body of men may, with 
the consent of the governor, drill and parade in public with 
any harmless imitation of firearms which has been approved 
by the adjutant general; that regularly organized posts of 
the grand army of the republic, and of the American Legion, 
and regularly organized camps of the united Spanish war 
veterans, may at any time parade in public their color 
guards of not more than twehe men armed \\'ith firearms; 
that regularly organized camps of the sons of veterans may 
at any time parade in public their color guards of ten men 
with firearms; and that any organization heretofore author- 
ized by law may parade with sidearms; and any veteran 
association composed wholly of past members of the militia 
of this commonwealth may maintain an armory for the use 
of the organizations of the militia to which its members be- 
Proviso. longed; provided, further, that such drill or parade is not in 

contravention of the laws of the United States. 

Approved March 17, 1920. 



CliaV 132 ^"^^ ^^^ "^^ AUTHORIZE THE CITY OF BOSTON TO PENSION 

THE WIDOW OF JAMES M. ELLIS. 

Be it enacted, etc., as follows: 

1898, 569. §1. Section 1. Chapter five hundred and sixty-nine of the 

acts of eighteen hundred and ninety-eight is hereby amended 
by striking out section one and substituting the following: 
City of Boston — Sectiou 1. The city of Boston may pay to the widow of 
widow'oT'°'^ James M. Ellis, late a foreman in the street department of 
James M.Eihs. ^^jj ^j^^,^ murdcrcd in the discharge of his duty, the same 
sum of money, by way of pension or otherwise, which said 
city is authorized, under the provisions of chapter ninety- 
three of the Special Acts of nineteen hundred and nineteen, 
to pay to the widow of a member of the fire department of 
said city killed in the discharge of his duty. 
To be sub- SECTION 2. Tliis act shall take effect upon its acceptance 

council, etc. by votc of tlic city council of the city, subject to the pro- 
Proviso. visions of its charter, provided that such acceptance occurs 

prior to the thirty-first day of December in the current year. 

■> Approved March 17, 1920. 



Acts, 1920. — Chaps. 133, 134, 135. 93 



An Act authorizing the town of holden to pay a sum Chav 133 

OF money to AULAY MATTHEWS, JAMES A. MATTHEWS 
AND SADIE C. MATTHEWS. 

Be it enacted, etc., as follows: 
Section 1. The town of Holden may pay a sum of l>7r«f 

1 1 Vi 1 Holden may 

money, not exceemng two thousand dollars, under such pay a sum of 
terms and restrictions as it shall impose, to Aulay Matthews, Auiay, James 
James A. Matthews and Sadie C. Matthews, for damage c' Matthews. 
caused by fire to their property on Reservoir street in Holden. 

Section 2. This act shall be submitted to the voters of To be sub- 
the town of Holden at an annual town meeting, or at a voters, etc. 
special town meeting called for the purpose, and shall take 
effect upon its acceptance by a majority of the voters pres- 
ent and voting thereon; otherwise it shall not take effect. 

Approved March 17, 1920. 



An Act to authorize the city of Cambridge to retire QJidrt 134 

AND pension THOMAS M. THOMAS. 

Be it enacted, etc., as follows: 

Section 1. The city of Cambridge may retire Thomas cityofCam- 
M. Thomas, for more than twenty-five years employed as a ^eti^f Thomas 
janitor in the public library department of the city, and now ^- Thomas. 
physically disabled, with an annual pension equal to one half 
the compensation paid to him at the time of his retirement. 

Section 2. This act shall take effect upon its acceptance to be sub- 
by vote of the city council of the city, subject to the provi- TOuncfi^etc!*^ 
sions of its charter, provided that such acceptance occurs Proviso. 
prior to the thirty-first day of December in the current year. 

Approved March 17, 1920. 



An Act to authorize the city of Cambridge to retire (JJku) 135 
and pension george davis. 

Be it enacted, etc., as follows: 

Section 1. The city of Cambridge may retire George city of cam- 
Davis, an employee in its engineering department, with an ^et^fc^Jge 
annual pension equal to one half of the compensation received °^^*^- 
by him at the time of retirement. 

Section 2. This act shall take effect upon its acceptance to be sub- 
by vote of the city council of the city, subject to the pro- ^undi.^et?*' 



94 Acts, 1920. — Chaps. 136, 137, 138. 

Proviso. visions of its charter, provided that such acceptance occurs 

prior to the thirty-first day of December in the current year. 

Approved March 17, 1920. 

C/iap. 136 An Act to PROvroE for pensioning janitors employed 
IN the city hall of fall river. 

Be it enacted, etc., as follows: 

gjty o|^^a" n- Section 1. The superintendent of pubhc buildings in 
sion janitors ^hc city of Fall Rivcr may retire with an annual pension any 
its city hall, janitor in the service of the city at the time of the passage of 
tliis act who has been employed under his super\'ision in the 
city hall or elsewhere for not less than twent}'-five years, 
who has reached the age of sixty years, and who has become 
physically incapacitated. The pension shall be equal to one 
half the compensation to which the pensioner would have 
been entitled for full emplo\Tnent during the last year of his 
service, but in no case shall it exceed five hundred dollars 
a year. The amount necessary to carry out the provisions 
of this act shall be appropriated annually by the board of 
aldermen. 
mHt'ed^to city Section 2. This act shall take effect upon its acceptance 
council, etc. ^jy y^^g Qf ^]^g ^ity couucil of the said city, subject to the 
Proviso. provisions of its charter, provided that such acceptance oc- 

curs prior to the thirty-first day of December in the current 
year. Approved March 17, 1920. 

C hap. 1S7 An Act to exempt veteran soldiers and sailors and 
their widows from certain t.^xation. 

Be it enacted, etc., as follows: 

Veteran soldiers Vctcrans of the Spauish war, of the Philippine insurrection 

and sailors and ,«, ii i -i i iii-i 

their widows and of the world war, who received an honorable discharge 
Sm taxa-°™ from the army or a corresponding discharge or release from 
**°°" the navy, shall be entitled to the exemptions from" taxation 

pro\4ded for in the thirteenth paragraph of section five of 
Part I of chapter four hundred and ninety of the acts of nine- 
teen hundred and nine and the amendments thereof. 

Approved March 17, 1920. 



Chap. 138 An Act relative to loans by the city of Worcester. 

Be it enacted, etc., as follows: 

1916, 2ii^(Sh Section 1. Section one of chapter two hundred and 

§ 1, amen e . ^^^^^^^ ^^ ^j^^ Special Acts of nineteen hundred and sixteen 



Acts, 1920. — Chap. 138. 95 

is hereby amended by adding at the end thereof the follow- 
ing: — For the purpose of determining the year in which 
any indebtedness is incurred within the meaning of this 
act a debt shall be deemed to be incurred at the time when 
the order of the city council authorizing the same is approved 
by the mayor, or at the time when the order becomes valid 
without the mayor's approval. For the purposes of this 
act all loans heretofore authorized but not yet made shall 
be deemed to be debts incurred at the respective times 
when the orders authorizing the loans were approved by the 
mayor, — so as to read as follows : — Section 1 . In addition Loans by city 
to the restrictions contained in chapter seven hundred and restricT^.^"^ 
nineteen of the acts of the year nineteen hundred and thirteen 
relative to municipal indebtedness, the city of Worcester 
shall not incur any indebtedness, other than for temporary 
loans in anticipation of revenue for the financial year in 
which such indebtedness is incurred, in excess of the amount 
appropriated in the same year for sinking funds for the pay- 
ment of loans created'' prior to the time when the establish- 
ment of further sinking funds for the payment of debt was 
prohibited by said act, except for the development and en- Exceptions. 
largement of the water system, the construction of trmik 
sewers, the increase in the capacity of the sewage purifica- 
tion plant, the erection of high school buildings, the abolition 
of grade crossings, and emergencies. For the purpose of Definition. 
this act, a trunk sewer is defined as a sewer the net cost of 
which, to be borne by the city, exceeds five dollars per lineal 
foot. In determining the amount appropriated for sinking 
funds in any year, under the provisions of this act, amounts 
appropriated for water debt sinking funds shall be excluded. 
For the purpose of determining the year in which any in- Debts, when 
debtedness is incurred within the meaning of this act a debt incurred, etc. 
shall be deemed to be incurred at the time when the order 
of the city council authorizing the same is approved by the 
mayor, or at the time when the order becomes valid without 
the mayor's approval. For the purposes of this act all loans 
heretofore authorized but not yet made shall be deemed to 
be debts incurred at the respective times when the orders 
authorizing the loans were approved by the mayor. 
Section 2. This act shall take effect upon its passage. 

Approved March 18, 1920. 



96 



Acts, 1920. — Chaps. 139, 140. 



Chap. 139 An Act relative to the taking of scallops. 

prTambi°7 Whereos, The deferred operation of this act would largely 

defeat its purpose; therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 



1910, 177, etc., 
new section 
after § 3. 



Regulations 
relative to 
taking of 
scallops may 
be modified, 
etc. 



Be it enacted, etc., as follows: 

Chapter one hundred and seventy-seven of the acts of 
nineteen hundred and ten, as amended by chapter three 
hundred and thirty-four of the General Acts of nineteen 
hundred and nineteen, is hereby further amended by in- 
serting after section three a new section as follows : — Sec- 
tion Jf. The proA'isions of this act in respect to the open and 
closed season and in respect to the number of scallops that 
may be taken may be modified if, on a petition of the mayor 
and aldermen of a city or of the selectmen of a town to the 
commissioner of conservation, the commissioner, after in- 
vestigation, determines that such modification is expedient. 
In that case, in his discretion, he may authorize, for a pre- 
scribed period, the mayor and aldermen, or selectmen, to 
issue permits to inhabitants of their respective cities or 
towns to take scallops in such quantities and at such times 
as he may deem expedient, it being the intent of this section 
to permit the taking of scallops as aforesaid in cases where, 
owing to unusual circumstances, the scallops that are or will 
be available could not otherwise be taken without violating 
the provisions of this act. Approved March 18, 1920. 



Chap. 14:0 An Act to enable the city treasurer, custodian of 
the boston teachers' retirement association, to 
collect reservations from all members on a basis 

OF equality. 



1900, 237, § 5, 
amended. 



Be it enacted, etc., as follows: 

Section 1. Section five of chapter two hundred and 
thirty-seven of the acts of nineteen hundred is hereby 
amended by adding at the end thereof the following : — and 
he shall also reserve from the salary of each teacher who 
comes under the provisions of this act, but is not paid in 
twelve monthly payments, the sum of eighteen dollars a 
year in instalments, according to a plan approved by the 



Acts, 1920. — Chap. 140. 97 

board of trustees, — so as to read as follows: — Section 5. Treasurer of 

■n . . • 1 I 11 • -NT 1.1 *"*y °' Boston, 

Beginning with the monthly payments in November in the custodian of 
year nineteen hundred the city treasurer of the city of Boston ers' Retirement 
shall reserve from the salary of each teacher who has come relen'e certain 
under the provisions of this act the sum of three dollars, and saiTry'^Tmem- 
in every alternate monthly payment thereafter shall reserve ^^^^ thereof, 
the same sum, and shall pay the sums so reserved into the 
school teachers' retirement fund, as herein provided, and 
he shall also reserve from the salary of each teacher who 
comes under the provisions of this act, but is not paid in 
twelve monthly paj-ments, the sum of eighteen dollars a 
year in instalments, according to a plan approved by the 
board of trustees. 

Section 2. Section ten of said chapter two hundred and l^^l'^^fj^ ^ ^^' 
thirty-seven is hereby amended by striking out the words 
"three months", in the fourth line, and substituting the 
words : — one year, — so as to read as follows : — Section certain teach- 
10. Any teacher who shall have been a contributing mem- portToTo?''^''^^ 
ber for two years or more, who shall retire from the service ^^^^'^^ p^'^. 
of the city of Boston not being in receipt of an annuity, shall, 
upon application vvithin one year after date of such retire- 
ment, receive one half of the total amount paid by such 
teacher into said fund. 

Section 3. Section eleven of said chapter two hundred ^^'^- 237. § n, 

1 I • '11 1 1 1 • • amended. 

and thirty-seven is hereby amended by inserting after the 

word "provisions", in the fifth Ime, the words: — provided, 

however, that any teacher who was in the service of the city 

of Boston on April seventeenth, nineteen hundred, and who 

hereafter elects to come under the provisions of this act, 

shall, prior to receiving an annuity, pay into the fund a 

sum sufficient to make the total of said sum, together with 

the interest upon the reservations from the salary of the 

teacher, equal to the entire interest earnings that would 

have accrued upon the reservations from the salary of such 

teacher had the teacher entered the association on April 

seventeenth, nineteen hundred, all interest to be computed 

at the rate of four per cent a year and compounded annually, 

— so as to read as follows: — Section 11. This act shall be Act providing 

binding upon all teachers entering the service of the city of o^Boston'"^''* 

Boston after it goes into effect, and upon such of the teachers up^o°n what''^'^^' 

in the service of said city at the time of its enactment as binding^ *° ^ 

may thereafter elect to come under its provisions: yr&vided. Proviso. 

however, that any teacher who was in the service of the 

city of Boston on April seventeenth, nineteen hundred, and 



98 Acts, 1920. — Chaps. 141, 142. 

who hereafter elects to come under the provisions of this 
act, shall, prior to recei\'ing an annuity, pay into the fund a 
sum sufficient to make the total of said sum, together with 
the interest upon the reservations from the salary of the 
teacher, equal to the entire interest earnings that would 
have accrued upon the reservations from the salary of such 
teacher had the teacher entered the association on April 
seventeenth, nineteen hundred, all interest to be computed 
at the rate of four per cent a year and compounded annu- 
ally; and notice in writing to the superintendent of schools, 
signed by the teacher so electing, shall be conclusive as to 
such election. Approved March 18, 1920. 

Chap. 14:1 An Act to authorize posts of the americ.^jst legion 

TO PARADE WITH MUSIC ON MEMORIAL SUNDAY. 

Be it enacted, etc., as follows: 

imendld.* ^' Scctiou ouc of chapter five hundred and thirty-seven of 
the acts of nineteen hmiched and eight is hereby amended 
by inserting after the word "veterans", in the second line, 
the words: — or post of the American Legion, — so as to 
Camps of the read as follows: — Section 1. It shall be lawful for any 
f^teransor' camp of the Spanish war veterans or post of the American 
^n'legi^may Lcgiou to parade with music on the day designated by the 
musiionmemo- national cucampmeut of the grand army as memorial Sun- 
riai Sunday. (Jay ucxt preceding memorial day, for the special purpose 
Proviso. of attending di\dne service on that day: provided, however, 

that the music shall be suspended in passing within two hun- 
dred feet of any place of public worship in which services 
are being held. Approved March 18, 1920. 

Chap. 142 An Act relative to sessions of the board of election 

COMMISSIONERS OF THE CITY OF BOSTON FOR PURPOSES 
OF REGISTRATION. 

Be it enacted, etc., as follows: 

llll'^end^. Section eighty-three of chapter eight hundred and thirty- 
five of the acts of nineteen hundred and thirteen, as amended 
by chapter forty-eight of the General Acts of nineteen hun- 
dred and fifteen, and by section six of chapter two hundred 
and sixty-nine of the General Acts of nineteen hundred and 
nineteen, is hereby further amended by striking out the 
word "September", in the sixth line, and substituting the 



Acts, 1920. — Chaps. 143, 144. 99 

word: — August, — so as to read as Mlows: — Section 83. losforefijtioii 
Said board shall hold such day sessions as the city may by fo^p^Sif^s^^of 
ordinance prescribe, and such additional sessions as they registration. 
shall deem necessary. They shall, in any event, hold in or 
near each ward in said city not less than ten evening sessions, 
each of at least three hours' diu-ation, between the first day 
of August and the close of registration before the biennial 
state election, and not less than five such evening sessions 
between the first day of November and the close of regis- 
tration before the annual city election. They shall also 
hold at their principal office a continuous session from nine 
o'clock in the morning until ten o'clock in the evening on the 
twentieth day preceding the biennial state election, and a 
like continuous session on the twentieth day preceding the 
annual city election, and a continuous session from twelve 
o'clock noon until ten o'clock in the evening on the seventh 
day preceding a special election. 

Approved March 18, 1920. 

An Act relatr'e to the vacations of certain municipal C'/ia2?.143 

EMPLOYEES. 

Be it enacted, etc., as follows: 

A person shall be deemed to be "regularly employed" ^af^mpk>y^^ 
within the meaning of section one of chapter two hundred when deemed 

„ P p • 1111C to be regularly 

and seventeen of the acts of nineteen hundred and fourteen employed" 
as affected by chapter sixty of the General Acts of nineteen of laws relating 
hundred and fifteen, and by chapter sixteen of the General therefor! 
Acts of nineteen hundred and seventeen, provided that he Proviso. 
has actually worked for the city or town for thirty-two 
weeks in the aggregate during the preceding calendar year. 

Approved March 18, 1920. 

An Act relath^e to the soldiers and sailors memorl\l (7/i(XT).144 

building in the city of MELROSE. 

Be it enacted, etc., as follows: 
Section 1. Section thirty-six of chapter one hundred i899, i62. § 36, 

^ . ^ , amenueu. 

and sixty-two of the acts of eighteen hundred and ninety- 
nine is hereby amended by inserting after the word "build- 
ings", in the eighth line of clause VII, the words: — except- 
ing the soldiers and sailors memorial building and, — by 
striking out the w^ord "however", in the ninth line of said 
clause, by inserting after clause IX the following new clause: 



100 



Acts, 1920. — Chap. 144. 



City of Mel- 
rose, depart- 
ments and 
oflSoers. 
Assessing 
department. 
'Charity 
department. 
Health 
department. 

Law 

department. 

Fire 
department. 

Police 
department. 

Public works 
department. 



Public library 
department. 

Cemetery 
department. 



Memorial 
building de- 
partment. 



— X. The memorial building department, to be under the 
charge of the advisory board of the soldiers and sailors me- 
morial building, — by striking out the word "nine", in the 
last paragraph and substituting the word: — ten, — so as to 
read as follows: — Section 36. There shall be the following 
departments and officers: — I. The assessing department, 
to be under the charge of the board of assessors. 

II. The charity department, to be under the charge of 
the board of overseers of the poor. 

III. The health department, to be under the charge of 
the board of health. 

IV. The law department, to be under the charge of the 
city solicitor. 

V. The fire department, to be under the charge of the 
chief of the fire department. 

VI. The police department, to be under the charge of 
the chief of police. 

VII. The public works department, to be under the 
charge of an official who shall be known as the engineer 
and superintendent of public works. He shall ha^'e charge 
of the design, construction, alteration, repair, maintenance 
and management of the water works, the public sewers and 
drains, the pubhc ways, sidewalks and bridges, public parks, 
squares and playgrounds, and the lighting and watering 
thereof, and also the public buildings, excepting the soldiers 
and sailors memorial building and excepting such duties 
with reference to the school buildings as are now conferred 
by law and this act upon the school committee. He shall 
make and have the custody of all plans, surveys, measure- 
ments and levels appertaining to the public waj's, drains, 
sewers, waterworks and lands, and shall perform such other 
duties as the board. of aldermen may prescribe. Subject to 
the approval of the mayor he shall appoint an assistant super- 
intendent in the water department, an assistant superintend- 
ent in the sewer department, and such other assistants as the 
condition of the work may require. 

VIII. The public Hbrary department, to be under the 
charge of the trustees of the pubhc library. 

IX. The cemetery department, to be under the charge 
of a cemetery committee, to consist of three persons, which 
shall have control of all matters pertaining to public ceme- 
teries and burial grounds. 

X. The memorial building department, to be under the 
charge of the advisory board of the soldiers and sailors 
memorial building. 



Acts, 1920. — Chap. 144. 101 

XL The city clerk department, to be under the charge City clerk 

of the city clerk. department. 

XII. The treasury department, to be under the charge Treasury 
of the city treasurer. department. 

XIII. The collecting department, to be under the charge Collecting 

of the city collector. department. 

XIV. The auditing department, to be under the charge Auditing 

of the city auditor. department. 

The departments provided for in the first ten clauses of Executive 

• 1 11 1 -1 departments. 

this section shall be executive departments, and the heads 
thereof shall be executive officers. 
Section 2. The advisory board of the soldiers and Advisory board 

• 1 1 .. 1. • 1 . p -» »- • 1 1 of soldiers and 

sailors memorial building in the city of Melrose is hereby sailors memo- 
established, which, subject to the ordinances of said city etc., estab-'' ' 
now or hereafter in force, shall have charge and control of '^ ® • ® 
the repair, maintenance and management of the said building. 
Section 3. The said advisorv board shall consist of Membership, 

^ term 01 onice, 

eleven citizens of Melrose, eight of whom shall be men and etc 
three of whom shall be women. At least one of the members 
of said board shall, if possible, be a member of post four of 
the grand army of the republic, and at least one a member 
of Melrose post ninety of the American Legion. The mem- 
bers of the present advisory board, holding office under an 
ordinance of the city, shall constitute the first membership 
of the advisory board hereby established, and as their present 
terms of office respectively expire, their successors shall be 
appointed by the mayor, subject to confirmation by the 
board of aldermen, to hold office for three years or until 
their successors shall in like manner be appointed. 

Section 4. This act shall be submitted to the voters of ^^^J'gYt'o''" 
the city of Melrose at the annual city election in the current voters, etc. 
year, and shall take effect upon its acceptance by a majority 
of the voters voting thereon. The act shall be submitted in 
the form of the following question to be placed upon the 
official ballot: — "Shall the city of Melrose accept the act 
passed by the general court in the current year placing the 
Soldiers and Sailors Memorial Building in this city under 
control of an advisory board to be appointed by the mayor, 
subject to confirmation by the aldermen?" 

Approved March 18, 1920. 



102 



Acts, 1920. — Chaps. 145, 146. 



Chap. 145 An Act relative to the listing and registration of 

VOTERS IN the CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section eleven of chapter twenty-nine of the General Acts 
of nineteen hundred and seventeen is hereby amended by 
striking out in the thirty-fifth line, the word "thirtieth", 
and substituting the word : — twentieth, — so that the last 
sentence of the said section will read as follows : — If the 
statement of the applicant as to residence is found to be 
true, the election commissioners shall place the name of the 
applicant on the voting list; otherAnse the election commis- 
sioners shall forth\\'ith notify the applicant to appear before 
them, and, if not satisfied that his statement is true, shall 
not place his name upon the voting list: provided, however, 
that no application for registration mider the pro\'isions of 
this section shall be received by the election commissioners 
or assistant registrars later than the twentieth day preced- 
ing a state or municipal election. 

Approved 31 arch IS, 1920. 



1917, 29 (G), 
§ 11, amended. 



Listing and 
registration of 
voters in city 
of Boston. 



Proviso. 



1913. 835, § 216, 
etc., amended. 



C/iap. 146 An Act relatfV'E to the division of cities and towns 

INTO W'ARDS and voting PRECINCTS. 

Be it enacted, etc., as follows: 

Section 1. Section two hundred and sixteen of chapter 
eight hundred and thirty-five of the acts of nineteen hundred 
and thirteen, as amended by section two of chapter six hun- 
dred and seventy-six of the acts of nineteen hundred and 
fourteen, is hereby further amended by adding at the end 
thereof the words: — together with an official copy of the 
description of said wards, — so as to read as follows: — 
Section 216. A city may, in the year nineteen hundred and 
fourteen, and in every tenth year thereafter, in the month 
of December, by vote of its city council or corresponding 
body, make a new di\'ision of its territory into such number 
of wards as may be fixed by law. The boundaries of such 
wards shall be so arranged that the wards shall contain, as 
nearly as can be ascertained and as ma}' be consistent with 
well-defined limits to each ward, an equal number of voters. 
The city clerk shall forthwith give notice in WTiting to the 
secretary of the commonwealth of the number and designa- 



New division 
of cities into 
wards. 



voting pre- 
are 
etc. 



Acts, 1920. — Chap. 147. 103 

tions of the wards so established, together with an official 
copy of the description of said wards. 

Section 2, Section two hundred and twenty-five of said amended ^ ^^^' 
chapter eight hundred and thirty-five is hereby amended 
by striking out after the word "number", in the fifth fine, 
the word "and", and by inserting after the word "designa- 
tion", in the same fine, the words: — and official descrip- 
tion, — so as to read as follows: — Section 225. When wards secretary of 

P', 1 1 UJ 1 ^* • A • commonwealth 

of a city nave been changed or when votmg precmcts m a to be notified 
city or town have been estabhshed, changed or discontinued, voUng^pr'^^ *°*^ 
the city or town clerk shall forthwith give a notice thereof cLang^" 
in writing to the secretary of the commonwealth, stating the 
number, designation and official description of such wards 
or such voting precincts and in a city the wards in which 
they are situated. Approved March 18, 1920. 



An Act prohibiting rebates and the like on policies Qhav 147 
OF insuilance. 

Be it enacted, etc., as follows: 

Section 1. Chapter five hundred and eleven of the acts wos, 511, § i, 
of nineteen hundred and eight, as amended by chapter four ^**'" ^"^^^^^ ■ 
hundred and one of the acts of nineteen hundred and twelve, 
is hereby further amended by striking out section one and 
substituting the following : — Section 1 . No insurance com- Rebates, etc., 
pany transacting any of the kinds of business specified in "nsiS^ancTpro- 
section thirty-two of chapter five hundred and seventy-six '^'^'*^^' 
of the acts of nineteen hundred and seven, and no officer or 
agent thereof, and no insurance broker, shall pay or offer to 
pay or allow, in connection with placing or negotiating any 
policy of insurance or the continuance or renewal thereof, 
any valuable consideration or inducement not specified in 
the policy contract of insurance, or any rebate of premium 
payable on the policy, or any special favor or advantage in 
the dividends or other benefits to accrue thereon; or shall 
give, sell or purchase, or offer to give, sell or purchase, in 
connection with placing or negotiating insurance or the con- 
tinuance or renewal thereof, anything of value whatsoever 
not specified in the policy; or give, sell, negotiate, deliver, 
issue or authorize to issue or offer to give, sell, negotiate, 
deliver, issue or authorize to issue any policy of workmen's 
compensation insurance at a rate less than that approved 
by the commissioner of insurance under all the laws now or 



104 



Acts, 1920. — Chap. 147. 



When section 
not considered 
to apply. 



1908, 511, § 2, 
etc., amended. 



Persons not to 
accept rebates, 
etc. 



Giving 
testimony or 
producing 
evidence, etc. 



1908, 511, § 4, 
amended. 



Penalty. 



1908, 511, 
amended, 
new § 5. 

Suspension or 
revocation of 
license, etc. 



hereafter in force relating to such approval. This section 
shall not be considered to apply to (1) a distribution without 
special fa\'or or advantage, by mutual insurance companies 
to policyholders of sa\'ings, earnings or surplus without 
specification thereof in the policy, or (2) the furnishing to 
the insured of information or ad\'ice by any insurance com- 
pany, officer, agent or broker with regard to any risk for the 
purpose of reducing the liability of loss. 

Section 2. Said chapter five hundred and eleven, as 
amended by section two of said chapter four hundred and 
one, is hereby further amended by striking out section two 
and substituting the following : — Section 2. No person 
shall receive or accept from any company or officer or agent 
thereof, or any insurance broker, or any other person, any 
such rebate or premium payable on the policy, or any special 
favor or advantage in the dividends or other benefits to 
accrue thereon, or any valuable consideration or inducement 
not specified in the policy of insurance, or any policy of 
workmen's compensation insurance at a rate less than that 
approved by the commissioner of insurance under all the 
laws now or hereafter in force relating to such approval. 
No person shall be excused from testifying, or from producing 
any books, papers, contracts, agreements or documents at 
the trial of any other person charged with \-iolating any pro- 
vision of this act, on the ground that such testimony or 
evidence may tend to incriminate himself, but no person 
shall be prosecuted for any act, concerning which he shall be 
compelled so to testify or produce evidence, documentary or 
otherwise, except for perjury committed in so testifying. 

Section 3. Said chapter five hundred and eleven is 
hereby further amended by striking out section four and 
substituting the following : — Section 4. Whoever violates 
any provision of tliis act shall be punished by a fine of not 
more than five hundred dollars. 

Section 4. Said chapter five hundred and eleven is 
hereby further amended by adding thereto the following 
new section : — Section 5. The commissioner of insurance 
may suspend or revoke the license or certificate of authority 
to transact business in this commonwealth of any insurance 
company for any violation of any provision of this act, or 
may suspend or revoke its right to do any class of business 
which it is authorized to transact. 

Approved March 18, 1920. 



Acts, 1920. — Chap. 148. 105 



An Act relative to the inauguration of the city Chap. 148 

GOVERNMENT OF THE CITY OF MARLBOROUGH. 

Be it enacted, etc., as follows: 

Section thirteen of chapter three hundred and twenty of amended ^ ^^* 
the acts of eighteen hundred and ninety is hereby amended 
by striking out the words "at ten o'clock in the forenoon", 
in the second hne, so as to read as follows: — Section 13. J|f "^"^em " °^ 
On the first Monday of January of each year, the mayor, ment of Mari- 
aldermen and common councilmen elect shall meet in joint 
convention, when they shall be sworn to the faithful dis- 
charge 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 certificate 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 separate. The common council shall be organized by 
the choice of one of its own members as president and also 
by the choice of a clerk not one of its own members, to hold 
their offices respectively during the municipal year. The 
clerk shall be sworn to the faitliful discharge of his duties, 
and his compensation shall be fixed by concurrent vote of 
the city council. The board of aldermen shall choose a presi- 
dent, who, in the absence of the mayor, shall preside at the 
meetings of the board of aldermen and of the two councils in 
joint convention. In case of the absence of the mayor elect 
on the first Monday of January, or if the mayor shall not 
have been then 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 to any member of the city 
council who has been previously absent or has been subse- 
quently elected; and every oath shall be duly certified as 
aforesaid. Each board shall keep a record of its proceedings, 
and be the judge of the election of its own members. 

Approved March 18, 1920, 



106 



Acts, 1920. — Chap. 149. 



1913, 835, § 348, 
etc., amended. 



Chap. 14Q An Act relatfv^e to the expenditures of CANDroATES 

IN PRLMARIES AND ELECTIONS. 

Be it enacted, etc., as follows: 

Section three hundred and forty-eight of chapter eight 
hundred and thirty-fi^'e of the acts of nineteen hundred and 
thirteen, as amended by section two of chapter seven hun- 
dred and eighty-three of the acts of nineteen hundred and 
fourteen, and by section eighteen of chapter two hundred 
and fifty-seven of the General Acts of nineteen hundred and 
eighteen, is hereby further amended by striking out the 
number "100", in both instances, in the fourteenth fine and 
substituting the number: — 200, —and by striking out the 
word "one", in the twenty-third Hne, and substituting the 
word: — two, — so as to read as follows: — Section 348. 
No person, in order to aid or promote his own nomination 
or election to public office, shall himself or through another 
person, give, pay, expend or contribute any money or other 
thing of value, or promise so to do, in excess of the following 
amounts: — 



Expenditures 
of candidates 
in primaries 
and elections 
limited. 




Election. 



United States Senator, 

Governor, . 

Lieutenant Governor, Secretary of the Commonwealth, 
Treasurer and Receiver-General, Auditor of the Com- 
monwealth, Attorney-General. 

Representative in Congress 

State Senator, 

Representative in the General Court: 

Each candidate may spend, in a district entitled to three 

representatives. 
In a district entitled to two representatives, . 

In a district entitled to one representative, 



$5,000 
5,000 
3,000 

3,000 
500 

300 
200 
200 



A candidate for any other office may expend an amount 
not exceeding twenty dollars for each one thousand, or 
major portion thereof, of the registered voters qualified to 
vote for candidates for the office in question at the next 
preceding election; but no such candidate shall expend 
more than fifteen hundred dollars for the expenses of a pri- 
mary, nor more than tliree thousand dollars for the expenses 



Acts, 1920. — Chap. 150. 107 

of an election. Any candidate may, however, expend a sum 
not exceeding two hundred dollars for primary or election 
expenses. Contributions by a candidate to political com- 
mittees shall be included in the foregoing sums. 

The sums hereby authorized shall include all contributions To include 
from indi^dduals, political committees or other sources to a etc. 
candidate or person acting in his behalf, and shall include 
every pajonent or promise of payment for any purpose, 
made directly or indirectly by, or for the benefit of, a candi- 
date, except that a political committee may make and incur Political com- 
expenses not for the sole benefit of an individual candidate, S<«pted, etc. 
or wliich it is permitted by section three hundred and forty- 
nine a to make for an individual candidate; and the gift, "Corrupt prac- 

, ' , •! , • ' e ^1 • e tice" defined. 

pajTnent, contribution or promise or any money or thing or 
vahie in excess of those sums, by a candidate directly or in- 
directly, or by any person or persons, for his benefit, shall be 
deemed a corrupt practice. Approved March 18, 1920. 



An Act prohibiting the insertion of certain stipula- Qhn^ \^{\ 

TIONS IN POLICIES OR CONTRACTS OF INSUR.\NCE. 

Be it enacted, etc., as follows: 

Chapter five hundred and seventy-six of the acts of nine- i907, 576, § 29, 
teen hmidred and seven is hereby amended by striking out ^™^'^'^®'^- 
section twenty-nine and substituting the following : — Section rnsertion 
29. No insurance company shall make, issue or deliver in stipulations 
this commonwealth any policy or contract of insurance con- or contracts 
taining any condition, stipulation or agreement depriving prohibited!^ 
the courts of this commonwealth of jurisdiction of actions 
against such company; limiting the time for commencing 
actions against the company to a period of less than two 
years from the time when the cause of action accrues; mak- 
ing any person appointed and licensed as its agent the agent 
of the applicant or insured for any purpose; or proAading that 
no person shall be deemed an agent of the company unless 
authorized by the company in \\Titing. Any such condition, 
stipulation or agreement shall be void. An insurance com- Penalty. 
pany or agent that makes, issues or delivers a policy or con- 
tract of insurance in violation of the provisions of this act 
shall be punished by a fine of not less than fifty nor more 
than two hundred dollars for each offense; but such policy 
or contract shall be binding upon the company issuing the 
same. , Approved March 18, 1920. 



108 Acts, 1920. — Chaps. 151, 152. 

Chap. 151 An Act to exempt the general electric mutual bene- 
fit ASSOCIATION FROM THE FRATERNAL BENEFICIARY AND 
INSUR.\NCE LAWS. 

Be it enacted, etc., as follows: 

SkMutSr Section 1. The General Electric Mutual Benefit Asso- 

^on*fxem^Ted^' ciation, now or hereafter operating in any of the plants of 
from fraternal the General Electric Company in this commonwealth, is 

beneficiary and , . i <• n • • j! .i • i 

insurance laws, hereby exempted from all provisions or the insurance laws 
of the commonwealth and from the pro\dsions of chapter 
six hundred and twenty-eight of the acts of nineteen hun- 
dred and eleven and all acts in amendment thereof and in 
addition thereto. 

May^p^y^^sick SECTION 2. The said association may afford relief to its 

benefits, etc. members for disability caused by sickness or accident, not 
exceeding twelve dollars a week or one hundred and sLxty- 
eight dollars in any twelve consecutive months, and may 
pay death or funeral benefits not exceeding two hundred 
dollars in any one case, but except as aforesaid, shall not 

Membership, engage ill tlic busiucss of insurance. Only employees of the 
General Electric Company shall be eligible for membership 
in the said association. Approved March 18, 1920. 



Chap. 152 An Act to permit mutual life insurance companies 
TO transact certain other kinds of business. 

Be it enacted, etc., as folloivs: 

plr!'efamendt'd. Paragraph e of section thirty-four of chapter five hundred 

and seventy-six of the acts of nineteen hundred and seven is 

hereby amended by adding at the end thereof the following: 

— , or in the case of a mutual life insurance company, with 

or without capital stock, a surplus of not less than the said 

amount: provided, that a mutual life insurance company 

shall not be authorized hereunder to transact workmen's 

compensation insurance, — so that the said paragraph will 

Mutual life in- read as follows : — e. The kind of business specified in the 

n^Is pel-iSiued' fifth clausc if authorizcd to transact the business of life 

tain'^otSfk^nds insurancc in this commonwealth, provided it has a paid-up 

of business. capital of not less than four hundred thousand dollars, or in 

the case of a mutual life insurance company, with or uathout 

capital stock, a surplus of not less than the said amount: 



Acts, 1920. — Chap. 153. 109 

provided, that a mutual life insurance company shall not be Proviso, 
authorized hereunder to transact workmen's compensation 
insurance. Approved Mm-ch 18, 1920. 



An Act to authorize the town of stoughton to Qjiar) 153 

BORROW money FOR A SCHOOL BUILDING. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring land for, and It^J^^^^ ^^^^y 
constructing, furnishing and equipping a high school build- ^°"°^:^ h°°h^ 
ing, the town of Stoughton may borrow a sum not exceeding building. 
one hundred thousand dollars, in excess of the statutory 
limit of indebtedness, and may issue notes or bonds there- 
for. Such notes or bonds shall bear on their face the words, stoughton 
Stoughton School Loan, Act of 1920, shall be payable by Act of 1920. ' 
such annual payments beginning not more than one year 
after their respecti\'e dates, as will extinguish each loan 
within twenty years from its date, and the amount of such 
annual payment in any year shall not be less than the amount 
of the principal of the loan payable in any subsequent year. 
Each authorized issue of notes or bonds shall constitute a 
separate loan. The notes or bonds shall bear interest at 
such rate as may be fixed by the town treasurer, with the 
approval of the selectmen. The town may sell the said se- 
curities at public or private sale upon such terms and con- 
ditions as it may deem proper, but not for less than their 
par value, and the proceeds shall be used only for the purpose 
herein specified. Premiums received on loans hereby au- 
thorized shall be used as provided by general law. 

Section 2. The town shall, at the time of authorizing Payment of 
the said loan or loans, pro\'ide for the pa;>Taent thereof in °^°' 
accordance with the provisions of section one of this act, and 
when a vote to that effect has been passed, a sum sufficient 
to pay the interest as it accrues on the said notes or bonds 
and to make such payments on the principal as may be 
required by this act, shall, without further vote, be assessed 
by the assessors of the town annually thereafter, in the 
same manner as other taxes, until the debt incurred by the 
loan or loans is extinguished. 

Section 3. This act shall take effect upon its passage. 

Approved March 19, 1920. 



no 



Acts, 1920. — Chap. 154. 



Election com- 
mission estab- 
lished in city 
of Lowell. 



Membership. 



Chap. 154 An Act relative to the establishment of an election 

COMMISSION IN the CITY OF LOWELL. 

Be it enacted, etc., as follows: 

Section 1. There shall be established in the city of 
Lowell a bi-partisan election commission, hereinafter called 
the commission, which shall be composed of four members 
who shall have the powers and duties pertaining to registrars 
of voters in that city. All duties incumbent upon the city 
clerk in his capacity as a member of the registrars of voters 
are hereby transferred to the commission. 

Section 2. The municipal council shall, by a majority 
vote during the month of February or March in the year 
nineteen hundred and twenty, and every year thereafter, 
elect one member to the commission for a term of four years 
or until his successor is elected. The city clerk shall cease 
to be a member of the registrars of voters upon the passage 
of this act, but the remaining members of the present board 
of registrars of voters shall, unless removed in accordance 
with law, hold office as commissioners for the remainder of 
tlieir respective terms, notwithstanding the pro\isions of 
this act. Any vacancy in the commission by reason of death, 
resignation or otherwise shall be filled forthwith by the 
municipal council. 

Section 3. The commission shall, upon WTitten notice 
by the mayor, submit to the municipal council, in such detail 
as the mayor may request, estimates of the amount deemed 
necessary by the commission for current expenses during the 
next fiscal year. 

Section 4. The commission shall, under the pro\'isions 
of law, have general supervision of all elections; the appoint- 
ment, supervision and compensation of precinct officers ; the 
location of polling booths; and may employ such persons as 
they may deem necessary in the performance of their duties: 
provided, however, that among the persons so employed after 
the passage of this act, the two dominant political parties 
shall at all times be equally represented; and provided, 
further, that nothing contained herein shall be construed as 
affecting present employees of the registrars of voters, who 
were employed by them as of January first, nineteen hundred 
and twenty. Whenever, in their opinion, public convenience 
or necessity so requires, the commission may order sessions 
for the registering of voters to be held in any of the several 



Vacancies. 



To submit 

certain 

estimates. 



Powers, 
duties, etc. 



Provisos. 



Sessions for 
registration 
of voters, etc. 



Acts, 1920. — Chaps. 155, 156. Ill 

voting precincts, and they may require suitable accommoda- 
tions and necessary records in connection therewith, and 
they may, furthermore, record the voters in the several 
voting precincts by streets or by alphabetical lists as de- 
scribed in chapter eight hundred and thirty -five of the acts 
of nineteen hundred and thirteen, and in the amendments 
thereof and additions thereto. The commission shall at Records open 
all times maintain suitable records which shall, unless it is inspection, 
otherwise provided by law, be open to public inspection. 

Section 5. So much of chapter six hundred and forty- Repeal, 
five of the acts of nineteen hundred and eleven as is incon- 
sistent herewith is hereby repealed. 

Section 6. This act shall take effect upon its passage. 

Approved March 19, 1920. 



An Act to authorize the town of Greenfield to pay Chap. 155 

A SUM of money to LAURA A. HOYT. 

Be it enacted, etc., as follows: 

The town of Greenfield, acting through its school com- Town of Green- 
mittee, may upon vote of the town, pay a sum of two hun- a^sui^of money 
dred dollars to Laura A. Hoyt, in recognition of her dis- Hoyt.^'^^ ^' 
tinguished and exceptional services as teacher in the public 
schools for forty-two years, of which the last twenty-three 
were as principal of the Green River school in said town, and 
all in the same room in the same building. 

Approved March 19, 1920. 



An Act relative to the interest on certain bonds Chap.\5Q 

issued BY the county OF ESSEX. 

Be it enacted, etc., as follows: 

Section six of chapter four hundred and eighty-six of the i907, 486, § 6, 
acts of nineteen hundred and seven is hereby amended by ^°^^° 
striking out the word "four", in the ninth line, and substi- 
tuting the word: — six, — so as to read as follows: — Sec- interest rate 
tion 6. In order to provide for its share of the expenses to °s°u^Tby 
be incurred under the provisions of this act, the county of ^ pr''ov°de°for 
Essex, acting by the county commissioners, is hereby au- expanses ?n- 
thorized to borrow a sum not exceeding one hundred thou- ^^'^''^f- '° ^f^' 
sand dollars and to issue notes or bonds therefor. Such bridge over 
notes or bonds shall be payable at periods not exceeding in Lawrence. ^ 
thirty years from the date thereof, shall bear interest payable 



112 Acts, 1920. — Chap. 157. 

semi-annually at such rate, not exceeding six per cent per 
annum, as the county commissioners may determine, shall 
be signed by the county commissioners, and shall bear on 
their face the words, Essex County LawTence Bridge Loan, 
Act of 1907. They may be sold upon such terms and con- 
ditions as the county commissioners may deem expedient, 
but they shall not be sold for less than their par value. The 
said notes or bonds shall be issued upon the condition that 
the county may pay or redeem the same at any time after 
five years from the date of issue. No purchaser of such 
notes or bonds shall be responsible for the application of the 
proceeds. The county commissioners shall at the time of 
making said loan, provide for the payment thereof in such 
annual proportionate payments as "uill extinguish the same 
within the time prescribed by this act, and the said amount 
shall be raised annually by taxation in the same manner in 
which other county taxes are assessed and collected. 

Approved March 19, 1920. 



Chap. 157 An Act changing the title of the supervisor of the 

DECENNIAL CENSUS TO STATE CENSUS DIRECTOR. 

Be it enacted, etc., as follows: 

§^26,' amended. Scction twcuty-six of chapter three hundred and fifty ot 
the General Acts of nineteen hundred and nineteen is hereby 
amended by striking out the words "supervisor of the de- 
cennial census", in the fourteenth line, and substituting the 
words : — state census director, — so as to read as follows : 
Title of super- — Sectioii 26. The secretary of the commonwealth shall 
decennial can- make provisiou iu his department for collecting, compiling 
state census ^° and publishing the information required to be collected, com- 
piled and published in connection with the decennial census, 
and for making the enumeration of summer residents of 
certain, towns under section thirteen of chapter one hundred 
of the Revised Laws and under section eight of chapter three 
hundred and seventy-one of the acts of nineteen hundred 
and nine. He shall appoint and may remove, with the 
approval of the governor and council, a competent person 
to have charge of the said work and to perform such other 
duties as may be assigned to him, and, wdth like approval, 
may fix his salary. The said person shall be known as state 
census director. The secretary of the commonwealth may 
appoint and remove such officers, clerks and other assistants 



director. 



Acts, 1920. — Chaps. 158, 159. . 113 

as may be required to perform the duties hereby transferred, 
and may, subject to the provisions of chapter two hundred 
and twenty-eight of the General Acts of nineteen hundred 
and eighteen, and rules and regulations made thereunder, and 
to the approval of the governor and council where that 
is required by law, fix the compensation of such persons. 
Such appointments shall not be subject to the pro\dsions of 
chapter nineteen of the Revised Laws and acts in amend- 
ment thereof and in addition thereto. The secretary shall 
include in liis annual estimates, for the years when work is 
to be performed relatinp- to the taking of the census, such 
amounts as he shall consider to be required therefor. 

Approved March 19, 1920. 



An Act to authorize northeastern college of the Chap. 158 

BOSTON YOUNG MEN's CHRISTL^N ASSOCLVTION TO GRANT 
CERTAIN DEGREES. 

Be it enacted, etc., as follows: 

Northeastern College of the Boston Young Men's Christian Northeastern 
Association may grant the degrees of bachelor of civil engi- Boston Young 
neering, bachelor of mechanical engineering, bachelor of As'sociatioTmay 
electrical engineering, and bachelor of chemical engineering deg^L^^"^^^'" 
to students in the Co-operative School of Engineering of 
Northeastern College who are properly accredited and rec- 
ommended by a majority of its trustees: provided, however. Provisos, 
that the course of instruction furnished by the corporation 
shall not be entered upon without the completion of a four- 
year secondary school course, and shall cover not less than 
four years; and provided, further, that no degree shall be 
granted to any person who has not taken the full four-year 
course leading to such degree. 

Approved March 19, 1920. 



An Act to authorize the rockland trust comp.\ny to Chap. 159 

MAINTAIN A BRANCH OFFICE IN THE TOWN OF SCITUATE. 

Be it enacted, etc., as follows: 

Section 1. The Rockland Trust Company of Rockland Kpany mTy*" 
may, subject to the approval of the board of bank incorpora- P^'^^^'V 
tion, maintain a branch office in the town of Scituate. in town of 

Section 2. This act shall take effect upon its passage. °' "^ ^" 

Approved March 19, 1920. 



114 



Acts, 1920. — Chaps. 160, 161, 162. 



1909, 251, 
amended. 



§5. 



Chap. 160 An Act relative to the boston chamber of commerce. 
Be it enacted, etc., as follows: 

Section 1. Section five of chapter two hundred and 
fifty-one of the acts of nineteen hundred and nine is hereby 
amended by striking out the words " one million five hundred 
thousand", in the third and fourth lines, and substituting 
the words: — five million, — so as to read as follows: — 
Section 5. The said Boston Chamber of Commerce author- 
ized hereunder is hereby authorized to hold real and personal 
estate to an amount not exceeding five million dollars, with 
authority to sell, purchase, mortgage, lease or rent the same 
or any part thereof. 

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

Approved March 19, 1920. 



Boston Cham- 
ber of Com- 
merce may 
hold additional 
property. 



C/iap. 161 An Act to authorize the city of Cambridge to retire 

LUCIAN S. CABOT .AND WILLIAM H. PORTER. 

Be it enacted, etc., as follows: 

Section 1. The city of Cambridge may retire at their 
several requests, Lucian S. Cabot and William H. Porter, 
attendance officers in the public schools of Cambridge, on 
annual pensions equal to one half of the compensation re- 
ceived by them respectively at the time of retirement. 

Section 2. This act shall take effect upon its acceptance 
by vote of the city council of the said city, subject to the 
pro^dsions of its charter, provided that such acceptance oc- 
curs prior to the thirty-first day of December in the current 
year. Approved March 19, 1920. 



City of Cam- 
bridge may 
retire Lucian S, 
Cabot and 
William H. 
Porter. 



To be sub- 
mitted to city 
council, etc. 



Proviso. 



C/zap. 162 An Act to authorize the consolidation of the inter- 
state consolidated street railway company and the 
attleborough branch railroad company. 

Be it enacted, etc., as follows: 

The Interstate Consolidated Street Railway Company 
may purchase the franchise and property of, and consolidate 
with, the Attleborough Branch Railroad Company, provided 
that the terms of such purchase or consolidation are approved 
by the department of public utilities as consistent wdth the 
public interests, and are also approved by a majority of the 



Interstate Con- 
solidated 
Street Railway 
Company may 
consolidate 
with the Attle- 
borough 
Branch Rail- 
road Company. 

Proviso. 



Acts, 1920. — Chaps. 163, 164. 115 

directors of each company, and by two thirds in interest of 
the stockholders of each company at meetings to be called 
and held for that purpose. Approved March 19, 1920, 



An Act relative to the pensioning of laborers m Chap.lQS 

THE employ of THE CITY OF FALL RIVER. 

Be it enacted, etc., a^ follows: 

Section 1. Any laborer in the employ of the city of ^^orlre'm °^ 
Fall River who has reached the age of sixty years and has ®P^a?f ri ''ir^ 
been in such employ for a period of not less than twenty 
years and has become physically or mentally incapacitated 
for labor, and any laborer in the employ of said city who 
has been in such employ for a period of not less than fifteen 
years and has become physically or mentally incapacitated 
for labor by reason of any injury received in tlie performance 
of his duties for the city, may, at his request, and with the 
approval of the mayor and city council, be retired from 
serxdce, and if so retired he shall receive from the city for the 
remainder of his life an annual pension equal to one half of 
the average annual compensation paid to him as a laborer 
during the two years next prior to his retirement. Any 
laborer in the employ of the said city who has reached the 
age of sixty-five years, and has been in such employ for a 
period of not less than twenty years, shall be retired from 
service and shall receive from the city an annual pension 
computed in the manner hereinbefore set forth. 

Section 2. This act shall be submitted to the voters of ^u^^to " 
the city of Fall River at the state election for the current voters, etc. 
year, and shall take effect upon its acceptance by a majority 
of the voters voting thereon. The act shall be submitted in 
the form of the f ollowdng question : — " Shall an act passed 
by the general court in the current year, authorizing the 
city of Fall River to pension its laborers, be accepted?" 

Approved March 19, 1920. 



An Act relative to the statutory designation of the C/iax>. 164 

TREASURER AND RECEIVER-GENERAL. 

Be it enacted, etc., as follows: 

Section five of chapter eight of the Revised Laws, as r. l. 8, § 5. 
amended, is hereby further amended by adding, at the end ^*''' ^™®''^^- 
thereof, the following : — Twenty-sixth, The words " state statutory 

designation of 



116 



Acts, 1920. — Chaps. 165, 166. 



the "treasurer 
and receiver- 
general." 



treasurer" or "treasurer of the commonwealth" shall mean 
"treasurer and receiver-general" as used in the constitution 
of the commonwealth, and shall have the same meaning in 
all contracts, instruments, securities and other documents. 

Approved March 23, 1920. 



Chap. 165 An Act to continue the corporate existence of cer- 
tain DISSOLVED CORPORATIONS FOR PURPOSES OF SUIT. 



1903. 437, § 52, 
amended. 



Corporate ex- 
istence of cer- 
tain dissolved 
corporations 
continued for 
purposes of 
suit. 



Proviso. 



Be it enacted, etc., as foUoics: 

Section fifty-two of chapter four hundred and thirty-seven 
of the acts of nineteen hundred and three is hereby amended 
by adding at the end thereof the following : — provided, that 
the corporate existence of such a corporation, for the pur- 
poses of any suit brought by or against it within said period 
of three years, shall continue beyond said period for a further 
period of sixty days after final judgment in the suit, — so 
as to read as follows : — Section 52. Every corporation whose 
charter expires by its o\\'n limitation or is annulled by for- 
feiture or otherwise, or whose corporate existence for other 
purposes is terminated in any other manner, shall neverthe- 
less be continued as a body corporate for three years after 
the time when it would have been so dissolved, for the purpose 
of prosecuting and defending suits by or against it and of 
enabling it gradually to settle and close its affairs, to dispose 
of and convey its property and to diA'ide its capital stock, 
but not for the purpose of continuing the business for which 
it was established: provided, that the corporate existence of 
such a corporation, for the purposes of any suit brought by 
or against it within said period of three years, shall continue 
beyond said period for a further period of sixty days after 
final judgment in the suit. Approved March 23, 1920. 



Chap.l6Q An Act to provide for one day off in every eight 

DAYS FOR CERTAIN POLICE OFFICERS. 



Members of 
police depart- 
ment of cities 
and towns to 
have one day 
off in every 
eight days. 



Be it enacted, etc., as follows: 

Section 1. Members of the police department of cities 
and towns within the classified civil service shall be relie\'ed 
from duty for one day out of every eight days, without loss of 
pay. The time and manner of such relief shall be determined 
by the board or official in charge of the police department. 
A member so relieved shall be exempt from duty and from 
attendance at a police station or other place, but otherwise 



Acts, 1920. — Chap. 167. 117 

shall be subject to all laws, rules and regulations relating to 
members of the department to which he belongs. 

Section 2. The board or official in charge of any police Day off not to 
department in any city or town to which this act applies case^of public 
shall have authority, in case of any public emergency or of 1^!"^^^°°^' 
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, pro- Proviso. 
vided that a day off shall be granted to him as soon there- 
after as is practicable. In no case shall the number of such pays off to be 

1 re 1 1 ,1 e j^ n • iii liii addition to 

days on be less tnan lorty-iive ni each calendar year, and vacation, etc. 
they shall be in addition to any annual vacation now or 
hereafter allowed to members of the department concerned, 
and no annual vacation shall be diminished on account of 
the da}'s off herein provided for. 

Section 3. Chapter two hundred and ten of the acts of Repeal, 
nineteen hundred and eleven, and so much of any other act 
as is inconsistent herewith, are hereby repealed. 

Section 4. This act shall not apply to the police force of ^^ "uce^oree^^ 
the city of Boston nor to the police force of the metropolitan of Boston, of the 

... .. ■'. ii- metropolitan 

district commission, nor to any city or town already granting district com- 
one day off in eight to the members of its police department. 

Section 5. This act shall be submitted to the voters of To be sub- 
every city and town to which it is applicable at the annual wters over- 
state election in the current year, and shall take effect in town"*'''^ ^^"^ 
any such city or town upon its acceptance by a majority of 
the voters voting thereon; other^\'ise it shall not take effect. 
The act shall be submitted in the form of the followmg 
question to be placed upon the official ballot: — "Shall 
chapter of the acts of nineteen hundred and 

twenty which authorizes the granting of one day off in 
every eight days to police officers mthout loss of pay, be 
accepted by this city (or town)?" 

Approved March 23, 1920. 

An Act to provide for the more speedy trl\l of Chav. 167 

PERSONS held in JAIL IN DEFAULT OF BAIL. 

Be it enacted, etc., as follows: 

Section 1. A prisoner held in jail for trial upon an certain pris- 
indictment for an offence not punishable by death or by jSi may ^«- 
imprisonment for life, or so held upon an appeal, at any ^"^t^f^ trill 
time except during a sitting of the superior court for criminal 



118 



Acts, 1920. — Chap. 168. 



Notice to dis- 
trict attorney, 
etc. 



Keeper of jail 
to notify 
prisoners of 
their right to 
petition, etc. 



All defendants 
must join in 
petition. 



business in the county in which he is held, may petition said 
court that he be brought before the court at a sitting thereof 
for civil business in that county in order that disposition 
may be made of his case. After due notice to the district 
attorney, and with his consent, the court may grant his 
petition, and the presiding justice may dispose of the case, 
as if he were holding a sitting of the court for criminal busi- 
ness, or he may continue the case to the next sitting of the 
court for criminal business. 

Section 2. WTien a person who has a right to petition as 
aforesaid is committed to jail, the keeper thereof shall notify 
him of such right, shall furnish him with a blank form for 
its exercise, and if he signs tlie same, shall transmit it to the 
court. 

Section 3. The provisions of this act shall not apply in 
cases in which two or more persons are held on one com- 
plaint or indictment, unless all the defendants join in the 
petition. Approved March 23, 1920. 



1907, 576, § 11, 
etc., amended. 



C/iap. 168 An Act relative to accounting by insur.\nce compa- 
nies FOR DEPOSITS IN FOREIGN COUNTRIES TO MEET THE 
REQUIREMENTS OF LAW IN SUCH COUNTRIES. 

Be it enacted, etc,, as follows: 

Section 1. Section eleven of chapter five hundred and 
seventy-six of the acts of nineteen hundred and seven, as 
amended by chapters fifty-four and three hundred and fif- 
teen of the acts of nineteen hundred and eleven, by chapter 
seventy-four of the acts of nineteen hundred and twelve, and 
by chapter one hundred and ten of the General Acts of 
nineteen hundred and fifteen, is hereby further amended in 
the third paragraph from the end by striking out, in the 
seventh and eighth lines thereof, the words "immediately 
available for the pajTnent of losses in this commonwealth", 
and substituting the words: — available for the paj-ment of 
losses in this commonwealth, including all assets deposited 
•v\dth officers of other states or countries for the security of 
the policyholders of such company, — so that said paragraph 
will read as follows: — Beside the reserve provided for in 
this section, each company shall be charged as a liability 
with all unpaid losses and claims for losses, and all other 
debts and liabilities, including in the case of a stock com- 
pany its capital stock. He shall allow to the credit of an 
insurance company in the account of its financial condition 



Insurance 
companies in 
accounting 
may include as 
assets deposits 
with officers 
of other states 
or countries, 
etc. 



Acts, 1920. — Chaps. 169, 170. 119 

only such assets as are available for the payment of losses 
in this commonwealth, including all assets deposited with 
officers of other states or countries for the security of the 
policyholders of such company, but no holding or parcel of 
real estate shall be given a higher value than would be 
adequate to yield at three per cent annual interest the 
average amount of its net rental for three years next pre- 
ceding, except that if an insurance company shall show to 
the satisfaction of the insurance commissioner that the 
actual value of any of its real estate is greater than the 
value so ascertained, then the actual value of the said real 
estate as determined by the insurance commissioner shall 
be allowed. 

Section 2. Said section eleven is hereby further amended Ij^^J' ^J^- §^ ^^' 
by striking out the last paragraph. stricken out. 

Approved March 23, 1920. 

An Act relative to the price of ballot boxes fur- (Jhav. 169 

NISHED BY THE SECRETARY OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section two hundred and forty-three of Part III of chapter i9i3, 835, Part 

• . Ill S 243 

eight hundred and thirty-five of the acts of nineteen hundred amended! 
and thirteen is hereby amended by striking out the word 
"fifty", in the seventh line, and substituting the word: — 
seventy, — so as to read as follows : — Section 243. The Price of ballot 
secretary of the commonwealth shall, at the expense of the to ctties'^Ind ^ 
commonwealth, provide every city and town for use at se^etary of^ 
every polling place therein wdth a state ballot box and ^^^^iX^™''"" 
counting apparatus approved by the board of voting machine 
examiners as provided in section two hundred and forty- 
nine. Ballot boxes shall be purchased by the secretary at 
a price not exceeding seventy dollars each. The secretary 
shall likewise provide every city and town for use at each 
polling place by the election officers in the canvass and 
count of votes, with suitable blank forms. 

Approved March 23, 1920. 

An Act relative to the construction of a parkway (JJiav 170 

OR BOULEVARD AROUND LAKE QUANNAPOWITT IN THE 
TOWN OF WAKEFIELD. 

Be it enacted, etc., as follows: 

The time within which the metropolitan district commis- Time within 
sion may expend the amount authorized by chapter six ^iltan'dfstrict 



120 



Acts, 1920. — Chaps. 171, 172. 



commission 
may expend 
certain money 
for a parkway, 
etc., around 
Lake Quanna- 
powitt in 
Wakefield 
extended. 



hundred and ninety-nine of the acts of nineteen hundred 
and twelve for a parkway or boulevard around Lake Quan- 
napowitt in the town of Wakefield is hereby extended to in- 
clude the year nineteen hundred and twenty-three. 

Approved March 23, 1920. 



Chap. 171 An Act relative to the improvement of mystic lakes 

IN ARLINGTON, MEDFORD AND WINCHESTER BY THE METRO- 
POLITAN DISTRICT COMMISSION. 

Be it enacted, etc., as follows: 

Chapter one hundred and ninety of the Special Acts of 
nineteen hundred and nineteen is hereby amended by adding 
at the end thereof the following : — To carry out the pro- 
visions of this act, the commission or its successors may 
Mystirtakes by cxpcud a sum uot exceeding ten thousand dollars from the 
amount of forty-five thousand dollars appropriated by item 
fi\'e hundred and nine of chapter two hundred and forty-two 
of the Special Acts of nineteen hundred and nineteen. 

Approved March 23, 1920. 



1919, 190 (S), 
amended. 



Certain money 
may be ex- 
pended for im- 



metropolitan 
district com- 



1913, 719, § 20, 
etc., amended. 



Chap. 172 An Act relative to action by the city council on the 

ANNUAL BUDGET IN CITIES. 

Be it enacted, etc., as follows: 

Section twenty of chapter seven hundred and nineteen of 
the acts of nineteen hundred and thirteen, as amended by 
chapter one hundred and thirty-eight of the General Acts 
of nineteen hundred and fifteen, is hereby further amended, 
by inserting after the word "shall", in the ninth line, the 
words : — within sixty days after its receipt of the budget, 
— and by inserting after the word "thereto", in the six- 
teenth line, the words : — In case the council fails to approve 
or disapprove any item in the budget, as submitted by the 
mayor, within the said sixty days, such item shall, without 
any council action, become a part of the budget for the 
year^ — so as to read as follows : — Section 20. Within 
sLxty days after the annual organization of the city govern- 
ment, the mayor of every city, except Boston and those 
cities having the commission form of government, so-called, 
shall submit to the city council the annual budget of the 
current expenses of the city, and the mayor may submit 
thereafter supplementary budgets. The budget shall con- 
sist of an itemized and detailed statement of the money re- 



Mayors of 

certain cities 
to transmit 
annual budgets 
to city council. 



Acts, 1920. — Chap. 172. 121 

quired, and the city council shall, within sixty days after its 
receipt of the budget, make such appropriations in detail, 
clearly specifying the amount to be expended for each par- 
ticular purpose, but the budget shall not be in such detail as 
to fix a specific salary of employees under the direction of 
boards elected by the people, other than the city council. 
The city council may reduce or reject any item, but, without 
the approval of the mayor, shall not increase any item in 
nor the total of a budget, nor add any item thereto. In case Failure of city 
the council fails to approve or disapprove any item in the approvVCr 
budget, as submitted by the mayor, within the said sixty ftem^'m bud-°^ 
days, such item shall, without any council action, become a eets, etc. 
part of the budget for the year. It shall be the duty of the 
city officials, when so requested by the mayor, to submit to 
him forthwith in such detail as he may require estimates 
for the next -fiscal year of the expenditures of their depart- 
ments or offices under their charge, which estimate shall be 
transmitted to the city council. In case of the failure of the Failure of 
mayor to transmit in writing to the city council a recom- t^aMmit* 
mendation for an appropriation of money for any purpose tfon^Sc"^^' 
deemed by the council to be necessary, and after having 
been so requested by vote of the city council, said council, 
after the expiration of seven days after such vote, upon its 
own initiative, may make an appropriation for such purpose 
by a vote of at least two thirds of its members, and shall in 
all cases make such appropriations in detail, clearly specify- 
ing the amount to be expended for each particular purpose, 
but the budget shall not be in such detail as to fix a specific 
salary of employees under the direction of boards elected 
by the people, other than the city council; and in cities 
having the commission form of government, so-called, each 
commissioner or director shall, within thirty days after the 
annual organization of the city government, submit to the 
commissioner or director of finance estimates in such detail 
as he may require of the amounts deemed necessary for the 
current expenses for their respective departments, and the 
commissioner or director of finance shall within thirty days 
thereafter submit to the city council a budget consisting of 
an itemized and detailed statement of the money required, 
but the budget shall not be in such detail as to fix a specific 
salary of employees under the direction of boards elected by 
the people, other than the city council, and may submit 
thereafter supplemental budgets, and the budget or budgets 
shall be passed by a majority vote of the city council. In Failure of 

finance com- 



122 



Acts, 1920. — Chap. 173. 



missioner to 
transmit recom- 
mendations, 
etc. 



City oflfices 
may incur 
liabilities before 
regular appro- 
priations are 
made, etc. 



Provisos. 



Appropria- 
tions, prior to 
adoption of 
annual budget. 



case of the failure of the finance commissioner or director to 
transmit in writing to the city council a recommendation for 
an appropriation of money for any purpose deemed by the 
council to be necessary, and after having been requested by 
vote of the city council, said council, after the expiration of 
seven days after such vote, upon its own initiative, may 
make an appropriation for such purpose by a vote of at 
least two thirds of all its members, and shall in all cases 
make such appropriations in detail, clearly specifying the 
amount to be expended for each particular purpose, but the 
budget shall not be in such detail as to fix a specific salary 
of employees under the direction of boards elected by the 
people, other than the city council. In the period after the 
expiration of any fiscal year and before the regular appro- 
priations have been made by the city council, the city officers 
who are authorized to make expenditures may incur lia- 
bilities in carrying on the work of the several departments 
entrusted to them, and payments therefor shall be made 
from the treasury from any available funds therein, and the 
same shall be charged against the next aimual appropriation : 
pronded, that the liabilities incurred during said interval do 
not exceed in any month the sums spent for similar purposes 
during any one month of the preceding year; and yrovided, 
further, that said officers may expend in any one month for 
any new officer or board created by law an amount not ex- 
ceeding one twelfth of the estimated cost for the current year, 
but all interest and debt falling due in said interval shall 
be paid. Nothing in this section shall prevent the mayor 
from recommending, and the city council from making, ap- 
propriations prior to the adoption of the annual budget. 

Approved March 23, 1920. 



Chap. 173 An Act to authorize the stoughton trust comp.vny to 

MAINTAIN A BIL^NCH OFFICE IN THE TOWN OF SHARON. 

Be it enacted, etc., as follows: 
stoughton 'pjig board of bank incorporation may authorize the 

Trust Com- , m /^ • • i \ ai • 

pany may Stouglitou Irust Company to mamtam a branch oince in 
teinc^'office the town of Sharon. Approved March 23, 1920. 

in Sharon. 



Acts, 1920. — Chaps. 174, 175. 123 



An Act relative to the disposal by the common- (^/j,^^^. 174 
wealth of duplicate and worthless books and doc- 
UMENTS. 

Be it enacted, etc., as follows: i 

Section 1. The supervisor of administration, the super- Duplicate and 
intendent of buildings and an assistant attorney-general to books and 
be designated by the attorney-general, acting as a board, in commonwealth 
consultation with the chairman of any board or commission "^^^d^of^'^" 
and the head of any department or institution which may 
be interested, may, in their discretion sell any duplicate 
volumes or documents, the property of the commonwealth, 
which are held in the state library or in any other depart- 
ment, and they are hereby authorized and directed to sell or 
destroy, from time to time, obsolete or worthless records, 
books and documents. Any money received from sales 
made hereunder shall be paid into the treasury of the com- 
monwealth. 

Section 2. The board shall give thirty days' notice of t^°tionto's"eii 
its intention to sell or destroy any such records, books or b^'j.^fetc., to 
documents, which notice shall be pubHshed in a daily news- be given. 
paper in the city of Boston, and shall contain a brief de- 
scription or summary of the articles to be sold or destroyed. 
The board shall give such other or further notice as it may 
deem advisable to historical societies or persons who may be 
interested in the matter. The board may, and, upon peti- ^^^^^g 
tion of twenty-five or more citizens of the commonwealth, 
shall, before selling or destroying any particular records, 
books or documents, give a public hearing to all persons 
interested, of which hearing ten days' notice shall be given 
in a daily newspaper published in the city of Boston. 

Approved March 23, 1920. 

An Act to exempt from taxation the property Chap. 11^ 

OF CERTAIN ASSOCIATIONS OF VETERAN SOLDIERS AND 
SAILORS. 

Be it enacted, etc., as follows: 

Section five of Part I of chapter four hundred and ninety f "g^^^pif^''"' 
of the acts of nineteen hundred alid nine is hereby amended '^'a"^; , 
by striking out the fifth clause and substituting the follow- * 
ing: — Fifth, The real and personal estate belonging to in- property of 
corpora ted organizations of veterans of any war in which the ation^or^*^'' 
United States has been engaged to the extent of fifty thou- veteran soldiers 



124 



Acts, 1920. — Chaps. 176, 177, 178. 



exrai^terfrom ^and dollars, provided that the property so exempted is 

taxation. actually used and occupied by such an organization and 

Proviso. ^jj^^ ^Yie net income therefrom is used for charitable purposes; 

but such property shall not be exempt for any year in which 

the association wilfully omits to bring in to the assessors the 

list and statement required by section forty-one. 

Ajjproved March 23, 1920. 

Chap. 17 Q An Act relatwe to the retirement of certain offi- 
cers OF THE COUNTY OF WORCESTER. 

Be it enacted, etc., as follows: » 

Section 1. Any present incumbent of a county office in 
the count}^ of Worcester, elected prior to the enactment of 
chapter one hundred and fifty-eight of the General Acts of 
nineteen hundred and nineteen, who has not become a 
member of the retirement association of said county, shall 
be entitled to become such a member at any time prior to 
July first, nineteen hundred and twenty, and shall, irre- 
spective of age, be entitled to hold office for the remainder 
of his present term of office. 

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

Approved March 24, 1920. 



Retirement of 
certain officers 
of Worcester 
county. 



Chap.177 An Act to establish a quorum of the trustees of 

WORCESTER ACADEMY. 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and five of the acts of 
nineteen hundred and five, as amended by chapter two hun- 
dred and thirty-three of the Special Acts of nineteen hundred 
and sixteen, is hereby further amended by striking out sec- 
tion one and substituting the following: — Section 1. Of 
the trustees of Worcester Academy, six shall constitute a 
quorum for the transaction of business. 

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

Approved March 24, 1920. 



1905, 405, § 1. 
etc., amended. 



Quorum of 

trustees of 
Worcester 
Academy 
established. 



Chap. 178 An Act to set off and incorporate a part of the 

TOWN OF BROOKFIELD AS THE TOWN OF EAST BROOK- 
FIELD. 

Be it enacted, etc., as follows: 

Section 1. All the territory now within the town of 
Brookfield which is bounded easterly by the towns of Charl- 



Part of town of 
Brookfield set 
off and incor- 



I 



Acts, 1920. — Chap. 178. 125 

ton and Spencer: northerly by the town of North Brook- porateda3 

„,, ^ 1 ' ' ••! Ill- c town of East 

held; westerly begninmg at a point m the southerly line oi Brookfieid. 
North Brookfieid near the Clifford Harper place, so-called, 
on the southerly side of the highway, at the point where 
Moore's brook, so-called, crosses the highway; thence south- 
erly by said Moore's brook to Dunn brook, so-called; thence 
in a southerly direction by said Dunn brook to the west 
abutment of the bridge on the state highway; thence south- 
easterly in a straight line to the west abutment of the 
bridge where the westerly branch of the East Brookfieid 
river crosses the Charlton road, so-called; thence southerly 
through Quaboag pond to the canal connecting Quaboag 
pond and Quacumquasit lake; thence southerly by said 
canal to the west abutment of the highway bridge over said 
canal at Quacumquasit lake, — in each of the above cases 
the "west abutment" is to be construed to mean ten feet 
westerly from the westerly face of the abutment, — thence 
by the center line between the shores of said lake to its 
junction wrth the northerly line of the town of Sturbridge; 
and on the south by the northerly line of the town of Stur- 
bridge and the town of Charlton, is hereby incorporated as 
a separate town to be known as East Brookfieid, and the 
town of East Brookfieid is hereby vested with all the powers, 
privileges, rights and immunities, and subjected to all the 
duties and obligations conferred or imposed upon towns by 
the constitution and laws of the commonwealth. 

Section 2. The inhabitants of and the estates within Collection of 
the town of East Brookfieid, and the owners of all such ^^^' 
estates, shall be holden to pay all arrears of taxes which 
have legally been assessed upon them by the town of Brook- 
field, and all taxes heretofore assessed and not collected 
shall be collected and paid to the treasurer of the town of 
Brookfieid, and all moneys now in the treasury of the town 
of Brookfieid, or that may hereafter be received from taxes 
assessed prior to January twelfth, nineteen hundred and 
twenty-one, shall be applied to the purposes for which they 
were raised and assessed in the same manner as if this act 
had not been passed; and until the next state valuation the Payment of 
town of East Brookfieid shall annually in the month of county'texes, 
November pay to the town of Brookfieid its proportion of ®'''- 
such state and county taxes as may be assessed upon the 
town of Brookfieid, said proportion to be ascertained and 
determined by the last valuation of the town of Brookfieid, 
and the assessors of the town of Brookfieid shall make re- 



126 



Acts, 1920. — Chap. 178. 



Distribution 
to said towns 
of their por- 
tions of pro- 
ceeds of income 
tax and income 
of Massachu- 
setts School 
Fund, etc. 



Support of 
paupers. 



turns of said valuation and the proportions thereof in the 
towns of Brookfield and East Brookfield, respectively, to 
the commissioner of corporations and taxation of the com- 
monwealth, and to the county commissioners of the county 
of Worcester. In the distribution of taxes for the year nine- 
teen hundred and twenty-one, under chapter tliree hundred 
and fourteen of the General Acts of nineteen hundred and 
nineteen and subject to the provisions thereof, except as 
is other\\-ise provided herein, the treasurer and receiver- 
general shall pay to the town of Brookfield an amount equal 
to the difference between the amount of the tax le\ded upon 
personal property in the year nineteen hundred and sixteen 
in that part of the said towTi which at the time of said pay- 
ment constitutes said town and the amount computed by 
the said commissioner that would be produced by a tax 
upon the personal property actually assessed in said town 
for the year nineteen hundred and twenty-one, at the same 
rate of taxation which prevailed in the town of Brookfield in 
the year nineteen hundred and twenty, and shall pay to the 
town of East Brookfield an amount equal to the difference 
between the amount of the tax levied in the year nineteen 
hundred and sixteen upon personal property in that part 
of the town of Brookfield which is at the time of said pay- 
ment the town of East Brookfield and the amount com- 
puted by the said commissioner that would be produced by 
a tax upon the personal property actually assessed in the 
town of East Brookfield for the year nineteen hundred and 
twenty-one, at the same rate of taxation which prevailed in 
the town of Brookfield in the year nineteen hundred and 
twenty. The distribution to said towns for the year nine- 
teen hundred and twenty-one of their respective portions of 
the proceeds of the income tax and of the income of the 
Massachusetts School Fund under the provisions of chapter 
three hundred and sixty-three of the General Acts of nine- 
teen hundred and nineteen shall be made as authorized by 
the department of education in substantial conformity with 
said provisions. 

Section 3. The towns of Brookfield and East Brook- 
field shall be liable, respectively, for the support of all persons 
now or hereafter needing relief as paupers, whose settlement 
was gained either by original acquisition or by derivation 
within their respective limits; and the town of East Brook- 
field shall pay annually to the town of Brookfield such pro- 
portion of all costs for the support or relief of those persons 



Acts, 1920. — Chap. 178. 127 

now or hereafter needing relief or support as paupers, and 
whose settlement by original acquisition or by derivation 
was gained by reason of military ser\ace as a part of the 
quota of the town of Brookfield, or who cannot be located 
on the site whence their settlement was derived, or where 
it was acquired, as the valuation of the town of East Brook- 
field shall bear to that of the town of Brookfield according 
to the last state valuation prior to the giving of such relief 
or support. 

Section '4. All suits and proceedings at law or in equity, Suits and 
where the cause of action in favor of or against the town of at law, etl.^ 
Brookfield arose before the passage of this act, shall be 
instituted and prosecuted or defended by the town of Brook- 
field with the same effect as if this act had not been passed, 
and the amount recovered in any such suit or proceeding 
by or against the. town of Brookfield shall be received or 
paid as the case may be by the town of Brookfield, and, 
with the addition of costs, expenses and counsel fees, shall 
be divided between the towns of Brookfield and -East Brook- 
field in proportion to the last valuation prior to the passage 
of this act. 

Section 5. The towns, without liability further to ac- what property 
count therefor, shall severally retain and hold all the real ^d heid^y^ 
estate and personal property now within their respective towM.*'^^ 
limits, and shall severally retain and hold such real estate 
and personal property situated in the town of North Brook- 
field as shall have been used with and acquired for the pur- 
poses of the water systems of the respective towns; and the 
funds, securities and cash on hand of the town of Brook- 
field wherever situated shall remain the property of the 
towTi of Brookfield except the fund held for the cemetery 
of East Brookfield which shall be transferred to and held by 
East Brookfield for said purpose. 

The towTi debts existing on the first day of January, nine- Payment of 
teen hundred and twenty-one, including therein such debts ^°'"^ ^^' 
as have already been duly authorized shall be paid in accord- 
ance with their terms by the towTi of Brookfield, and the 
town of East Brookfield and the inhabitants thereof are 
relieved of any and all liability therefor, except that in- 
debtedness incurred during the year nineteen hundred and 
twenty for the benefit of either town shall be paid by the 
town for whose benefit it was contracted. 

Section 6. The town of East Brookfield, until it is To^n-nofEast 
otherwise provided by law, shall continue to be a part of cJ^inue to be 



128 



Acts, 1920. — Chap. 178. 



in certain 
political dis- 
tricts, etc. 



Officers of 
town of Brook- 
field to act 
temporarily 
for town of 
East Brook- 
field. 



Certain provi- 
sion of law not 
to applj'. 



Calling of town 
meeting. 



Serving of 
warrant. 



the third congressional district, of the seventh councillor 
district, of the Worcester-Hampden senatorial district, and 
the fourth representative district of Worcester county, and 
the inhabitants of said town shall vote for a member of 
congress, councillor, senator and representative in said dis- 
tricts, respectively, in the town of East Brookfield. The 
selectmen and clerk of the toA\'n of East Brookfield In each 
of said cases shall make returns as if said town had existed 
at the time of the formation of said districts. The town of 
East Brookfield, until it is otherAnse pro\ided by law, shall 
continue to be a part of the judicial district of the western 
W'orcester district court of Worcester county. 

Section 7. For the year nineteen hundred and twenty 
the officers of the town of Brookfield In office on the date of 
the passage of this act, shall, both for the town of Brookfield 
and the town of East Brookfield, exercise the powers and 
perform the duties conferred and imposed by law upon such 
officers, and they shall continue to provide for both the 
town of Brookfield and the town of East Brookfield for said 
year to the same extent as If the to\Mi of East Brookfield 
had continued to be a part of the town of Brookfield, until 
their successors are chosen and qualified, and for the town of 
East Brookfield until the officers of that town are elected. 
Section four hundred and thirty of Part V of chapter eight 
hmidred and thlrty-fi\-e of the acts of nineteen hundred and 
thirteen shall not apply to such officers. 

Section 8. Any justice of the peace residing in the 
county of Worcester may issue his warrant directed to any 
inhabitant of the town of East Brookfield requiring him to 
notify and warn the inhabitants thereof qualified to vote In 
to^^T^ affairs to meet at the place therein appointed at some 
time in the month of January In the year nineteen hundred 
and twenty-one, for the purpose of electing town officers of 
the towTi of East Brookfield in the manner required by law, 
who shall serve until the annual town meeting In nineteen 
hundred and twenty-two, or until their successors are elected 
and qualified, and for making the necessary appropriations 
for carrj-Ing on the work of the town for the ensuing year. 
The warrant shall be served by posting copies thereof, 
attested by the person to whom the same is directed, in 
three or more public places In the town of East Brookfield 
seven days, at least, before the time of the meeting. The 
justice or, in his absence, the inhabitant required to give 
notice of the meeting shall preside until the choice of a 



Acts, 1920. — Chap. 178. 129 

moderator at the meeting. The town clerk of the town of to'be°pre'Srld. 
Brookfield shall prepare and furnish a list of the registered 
voters residing within the territorial limits of East Brook- 
field, which list shall be used at said meeting and delivered 
to the person presiding at said meeting before the choice of 
a moderator, and -the town of East Brookfield may call and ^"'^^H^el^etc^ 
hold caucuses or primaries for the nomination of officers to ^'J''t"°'^'"^*j°J!'g 
be elected at said meeting, and shall file, according to law, a etc. 
list of such nominations, or file nomination papers for such 
officers, with the town clerk of Brookfield, who shall prepare 
the ballots for use at the said meeting. 

Section 9. All rights heretofore secured to existing cor- Certain cor- 
porations upon territory hereby incorporated shall continue to continue, 
as though this act had not been passed. The powers and **"■ 
privileges reserved to the town of Brookfield and the select- 
men thereof in any orders, decrees or contracts heretofore 
made by the selectmen of Brookfield in the territory hereby 
incorporated as the town of East Brookfield, shall inure to 
and be exercised by the town of East Brookfield and the 
selectmen thereof, respectively, as fully as if said orders, 
decrees or contracts had originally been made by the select - 
men of East Brookfield. 

Section 10. The town of Brookfield shall pay all the Expenses of 
expenses of making the necessary surveys and establishing ^eysl^^tc^.""^ 
the lines between it and the town of East Brookfield, and 
the town of East Brookfield shall, in nineteen hundred and 
twenty-one, reimburse the town of Brookfield for said ex- 
pense. 

Section 11. The town of East Brookfield shall receive Reimburse- 
from the town of Brookfield a proportional part of whatever Sent of soi^^" 
amount may hereafter be paid by the commonwealth or by ueaTet'c""'^' 
the United States to reimburse the town of Brookfield for 
bounties to soldiers or for state aid heretofore paid by it to 
soldiers' families; but from this amount all reasonable ex- 
penses may be deducted. 

Section 12. All indebtedness of the town of Brookfield ^""^f 'i* ^^- , 

(• 1 • 111 debtedness of 

outstandmg at the date of the passage of this act shall be town of Brook- 
deemed outside the limit of indebtedness as fixed by chapter deemed out- 
seven hundred and nineteen of the acts of nineteen hundred indebtedness, 
and thirteen. ^*°' 

Section 13. The debt limit of the town of Brookfield for Debt limit 
the years nineteen hundred and twenty-one, nineteen hun- Brookfield. 
dred and twenty-two and nineteen hundred and twenty- 
three shall be three per cent of the assessed valuation of the 



130 



Acts, 1920. — Chap. 179. 



Debt limit of 
town of East 
Brookfield. 



taxable property in the town as fixed by the assessors in the 
year nineteen hundred and twenty, exclusive of the value of 
that property set off as the town of East Brookfield by the 
provisions of this act. The debt limit of the town of East 
Brookfield for the years nineteen hundred and twenty-one, 
nineteen hundred and twenty-two and nineteen hundred 
and twenty-three shall be three per cent of the assessed valua- 
tion of the taxable property in the territory set off from the 
town of Brookfield as the town of East Brookfield as fixed 
by the assessors for the town of Brookfield in the year nine- 
teen hundred and twenty. For the year nineteen hundred 
and twenty-four and thereafter the debt limit for the town 
of Brookfield and the town of East Brookfield shall be the 
same as for all other towns in the commonwealth. 
Towns of Section 14. The towns of Brookfield and East Brook- 

East Brookfield field may borrow, in anticipation of the revenue of the year 
money??!^ nineteen hundred and twent}'-one, an amount not exceeding 
the amount of the total tax levy in the town of Brookfield 
for the year nineteen hundred and twenty, plus the bank, 
corporation, street railway and income tax received from 
the state in the same year. Said amount shall be appor- 
tioned between the towns of Brookfield and East Brookfield 
in the proportion that the valuation of the property in the 
respective towns bears to the total valuation of the town of 
Brookfield as fixed by the assessors of that town for the 
year nineteen hundred and twenty. 
Section 15. This act shall take effect upon its passage. 

Approved March 24, 1920. 



Chap. 17Q An Act to provide for the pensioning of foremen, in- 
spectors, MECHANICS, DRAWTENDERS, ASSISTANT DRAW- 
TENDERS AND STOREKEEPERS IN THE EMPLOY OF CITIES 
AND TOWNS. 

Be it enacted, etc., as follows: 

Section 1. The term laborer as used in chapter five 
hundred and three of the acts of nineteen hundred and 
twelve, as amended by chapter forty-seven of the General 
Acts of nineteen hundred and fifteen and by chapter twenty- 
one of the General Acts of nineteen hundred and nineteen, 
providing for the pensioning of laborers in the employ of 
cities and towns and as used in chapter four hundred and 
thirteen of the acts of nineteen hundred and eleven, as 
amended by chapter three hundred and sixty-seven of the 



Pensioning of 
foremen, in- 
spectors, me- 
chanics, draw- 
tenders, 
assistant 
drawtenders 
and store- 
keepers in 
employ of 
cities and 
towns. 



Acts, 1920. — Chaps. 180, 181. 131 

acts of nineteen hundred and thirteen, by chapter seven 
hundred and sixty-five of the acts of nineteen hundred and 
fourteen, by chapter sixty-three of the Special Acts of nine- 
teen hundred and fifteen, and by chapter fifty-five of the 
Special Acts of nineteen hundred and nineteen, and as 
affected by chapter five hundred and thirty-six of the acts 
of nineteen hundred and fourteen, providing for the pension- 
ing of laborers in the employ of the city of Boston, shall 
include foremen, inspectors, mechanics, drawtenders, assist- 
ant drawtenders and storekeepers in such employ, except 
that no such foreman, inspector, mechanic, drawtender, 
assistant drawtender or stj^rekeeper shall receive a pension ■ 
in excess of four hundred dollars a year. 

Section 2. This act shall take effect in any city upon Time of taking 
its acceptance by the mayor and city council, or corre- 
sponding governing body, and in any town upon its accept- 
ance by a. majority of the voters voting thereon at any 
town meeting called for the purpose. 

Ajjproved March 2^, 1920. 

» ~~' 

An Act to authorize the city of boston to pay a sum Chav.\^{) 

OF MONEY TO JOHN McCOURT. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston may pay to John McCourt city of Boston 
a sum not exceeding four thousand dollars as compensation sum of money 
for a wound which resulted in the loss of his left leg, and McCoiS-t. 
which was inflicted by the discharge of a revolver in the 
bands of a volunteer policeman. 

Section 2. This act shall take effect upon its acceptance to be sub- 
by vote of the city council of the said city, subject to the rouncii^etc!*^ 
provisions of its charter, provided that such acceptance Proviso, 
occurs prior to the thirty-first day of December in the 
current year. Approved March 2If., 1920. 

An Act relative to certain appointments in the de- Chav.l^l 
partment of banking and insurance. 

Be it enacted, etc., as follows: 

Section fifty of chapter three hundred and fifty of the i9i9. 350 (G), 
General Acts of nineteen hundred and nineteen is hereby 
amended by striking out the words " the duties of the com- 
missioner during his absence or disability, and", in the 
twenty-first and twenty-second lines, and by striking out 



132 



Acts, 1920. — Chap. 181. 



Certain ap- 
pointments in 
department of 
banking and 
insurance by 
commissioner 
of insurance 
authorized. 



the word "other", in the twenty-second line, by inserting 
after the word "examiner", in the twenty-fourth Hne, the 
words: — and such additional deputies, examiners, assistant 
actuaries and inspectors as the service may require, — and 
by adding at the end thereof the following: — In case of a 
vacancy in the office of commissioner, and during his absence 
or disability, the first deputy commissioner shall perform the 
duties of the office, or in case of the absence or disability of 
such first deputy, the deputy commissioner who has been 
longest in the service of the division of insurance, — so as 
to read as follows: ^ — Section 50. The commissioner of in- 
surance shall exercise and perform the functions of the in- 
surance commissioner as now provided by law, and he, or a 
deputy designated by him, shall be a member of the board 
of appeal on fire insurance rates under chapter four hundred 
and ninety-three of the acts of nineteen hundred and eleven. 
He shall be appointed by the governor, with the advice and 
consent of the council. The first appointment shall be for 
the term of one, two or three years, as the governor may 
determine. Thereafter the governor shall appoint the com- 
missioner for the term of three years, shall fill any vacancy 
for the unexpired term, and may, with the consent of the 
council, remove the commissioner. He shall possess the 
qualifications and give the bond required of the insurance 
commissioner under chapter one hundred and eighteen of 
the Re\'ised Laws and chapter five hundred and seventy-six 
of the acts of nineteen hundred and seven, and shall receive 
such annual salary, not exceeding five thousand dollars, as 
the governor and council may determine. The commis- 
sioner may appoint and remove, with the approval of the 
governor and council, a first deputy, who shall discharge 
such duties as may be prescribed by the commissioner, an 
actuary and a chief examiner, and such additional deputies, 
examiners, assistant actuaries and inspectors as the service 
may require, and, subject to the civil service laws and rules 
where they apply, may appoint and remove such clerical 
and other assistants as the work of the division may re- 
quire and, subject to the provisions of chapter two hundred 
and twenty-eight of the General Acts of nineteen hundred 
and eighteen, and the rules and regulations made there- 
under, and to the approval of the governor and council, 
where that is required by law, may fix the compensation of 
such persons. In case of a vacancy in the office of commis- 
sioner, and during his absence or disability, the first deputy 



Acts, 1920. — Chap. 182. 133 

commissioner shall perform the duties of the office, or in 
case of the absence or disability of such first deputy, the 
deputy commissioner who has been longest in the service of 
the division of insurance. Apj)roved March 2Jf., 1920. 

An Act to provide a new city charter for the city Chav 182 

OF HAVERHILL. 

Be it enacted, etc., as follows: 

Section 1. The city government of the city of Haverhill CHy of Haver- 
shall consist of a mayor, who shall be the chief executive ment to consist 
and as such shall superintend and direct the administration cou'ScirdcSig^ 
of its municipal affairs through its several departments, afdwm^n, etc. 
boards and commissions, a city council of seven members, 
to be designated as aldermen, in which shall be vested the 
legislative powers of the city, and a school committee of six 
members as hereinafter provided. 

Section 2. The city election shall be held on the Tues- Date of city 
day next following the second Monday in December, and ®'^'^'°°' ***• 
the municipal year shall begin at ten o'clock in the forenoon 
of the first Monday of January and shall continue until ten 
o'clock in the forenoon of the first Monday of January fol- 
lowing. 

Section 3. At the first city election following the accept- Election of 
ance of this act, there shall be elected from the qualified Sen°and school 
voters at large a mayor, and from the qualified voters of °°'^'"'"^- 
each of the seven wards, one alderman, all of whom shall 
hold their respective offices for the municipal year next 
following their election. There shall also be elected from 
the qualified voters at large, two members of the school 
committee, who, with the two remaining members of the 
present school committee, shall hold their respective offices 
for the municipal year next following their election. 

Section 4. At the regular city election in the year nine- Election at sub- 
teen hundred and twenty-one, and every second year there- e?ectfo°iL?'*^ 
after, there shall be elected from the qualified voters at 
large a mayor, and from the qualified voters of each of the 
seven wards one alderman, all of whom shall hold office for 
the two municipal years next following their respective elec- 
tion, and three members of the school committee w'ho shall 
hold office for the two municipal years next following their 
respective election, and three members of the school com- 
mittee who shall hold office for the four municipal years 
next following their respective election, and thereafter there 



134 



Acts, 1920. — Chap. 182. 



Appointments 
by mayor. 



Proviso. 



Removals. 



Hearing. 



Vacancies. 



Salaries of 
mayor and 
aldermen. 



What names to 
be printed on 
ballots at 
primary 
elections. 



Proviso. 



Political desig- 
nations or 
marks not to 
be printed on 
ballots except, 
etc. 



shall be elected bi-annually three members of the school 
committee who shall hold office for the four municipal years 
next following their respective election. All the foregoing 
officers provided for in this section and in section three shall 
be elected by the voters of the city at large. 

Section 5. The mayor shall appoint all municipal 
officers, with the exception of the city clerk and officials 
elected by the people, and all heads of departments and 
members of the municipal boards and commissions as their 
present terms of office expire, subject to confirmation by 
the city council, provided that if the city council fails to 
act upon any appointment within ten days after it is sub- 
mitted, it shall be considered as confirmed. 

The mayor may, "with the appro\'al of a majority of the 
members of the city council, remove any head of a depart- 
ment or member of a board before the expiration of his 
term of office, except officials elected by vote of the people. 
The person so removed shall receive a copy of the reasons 
for his removal, and shall, if he so requests, be given a hear- 
ing by the municipal council, at which he shall have the 
right to be represented by counsel. 

In case of a vacancy in any office to which appointment 
may be made by the mayor, the mayor may temporarily 
perform the duties thereof, but he shall not be entitled to 
receive any salary or pay attached thereto. 

Section 6. The salary of the mayor shall be three thou- 
sand six hundred dollars a year, and the salary of each alder- 
man shall be three hundred dollars a year. The said salaries 
shall be payable in equal monthly instalments, or at such 
other times as the mayor and council may determine. 

Section 7. Any person who is cjualified to vote for a 
candidate for mayor, alderman or member of the school 
committee, and who is a candidate for nomination for such 
office, may have his name as such candidate printed on the 
official ballots to be used at a primary election, pro\ided 
that he shall file "with, the city clerk a nomination paper as 
hereinafter pro\'ided. 

Section 8. No ballot used at any regular or special city 
election or any primary election 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 
political designation or mark, except that if a plural nomi- 
nation paper containing a full list of nominations for mayor, 
aldermen and members of the school committee to be nomi- 



Acts, 1920. — Chap. 182. 135 

nated, or a full list of aldermen, or a full list of members of 
the school committee to be nominated, with the same letter 
of the alphabet at the right of the name of each of such 
candidates, is filed with the city clerk duly signed by the 
necessary number of legal voters and certified to by the 
chairman or secretary of an organization organized to pro- 
mote the public welfare, such names shall appear on the 
primary ballot with the letter of the alphabet herein de- 
scribed, at the right of the name of each candidate near the 
square in which the voter marks his ballot, and if such 
candidates are nominated at the primary election their 
names shall appear, in like manner, on the official ballot 
used at the following city election. 

Section 9. The city clerk shall seasonably prepare Nomination 
blank nomination papers for use in the nomination of candi- frtwiT.'contents, 
dates to be voted for at a primary or city election. The ^■'*^' 
papers shall state the place where and the day and hour 
prior to which signed nomination papers shall be filed. 
Such nominations shall be made on the blank nomination 
papers so provided, and shall be signed in person by a 
number of voters equal in the aggregate to not less than ten 
voters for each ward. Nomination papers shall not contain 
a larger number of names of candidates than there are 
persons to be elected. No nomination paper shall be valid 
in respect to any candidate whose written acceptance is 
not thereon. 

Section 10. Women who are qualified to vote for mem- women may be 
bers of the school committee may be candidates for nomina- ^ce'o1*schTOi 
tion for that office at any primary election at which candi- ^ni™>"ee- 
dates for nomination for that office are to be voted for, and, 
at such primary elections for nominations, may vote for, 
and only for, candidates for nomination for that office. They 
shall file a nomination paper in all cases the same as is re- 
quired to be filed by male candidates for nomination for 
that office. 

Section 11. On the first day, not being Sunday or a Names, etc.. 
legal holiday, following the expiration of the time for filing for''nom'in%Ton 
the above described nomination papers, the city clerk shall *» ^e published, 
cause to be published in one or more newspapers the names 
and residences of the candidates for nomination and the 
offices and terms for which they are candidates for nomi- 
nation, as they are to appear alphabetically on the official 
ballots to be used at the primary election. The city clerk Preparati9n 
shall thereupon prepare the ballots to be used at such pri- baiiotXVpfi- 

mary elections. 



136 



Acts, 1920. — Chap. 182. 



Canvass of 
returns. 



What names to 
be printed on 
ballots used at 
regular or 
special city 
elections. 



Election of 
officers at city 
elections other 
than primary 
elections, how 
determined. 



Blank spaces 
on ballots. 



Certain elec- 
tion laws to 
apply. 



mary election, and shall cause them to be printed, and the 
ballots so prepared shall be the official ballots and the only- 
ballots used at the primary elections. 

Section 12. On the first day, not being Sunday or a 
legal holiday, following the said primary election, the city 
clerk shall canvass the returns received from election officers 
and shall forthwith determine the result of the canvass. 
The two persons receiving at a primary election 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 regular or special city election, and if two or more persons 
are to be elected to the same office at any such regular or 
special city election the several persons, to a number equal 
to twice the number to be elected to that office, receiving 
at the primary election the highest number of votes for 
nomination for that office, or all such persons, if they are 
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 such regular or special city election. 

Section 13. At city elections, other than the primary 
election for nominations herein described, the person re- 
ceiving the highest number of votes for an office shall be 
deemed and declared elected to that 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 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. 
Blank spaces shall be left at the end of each list of candi- 
dates 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. 

Section 14. Except as otherwise provided in this act, 
the laws of the commonwealth governing city primaries and 
city elections, election officers, voting places for elections, 
election apparatus and blanks, calling and conduct of pri- 
maries and elections, manner of voting at elections, counting 
and recounting of votes at elections, corrupt practices and 
penalties shall, so far as applicable, govern primary elections 
and special and regular elections in said city. 



Acts, 1920. — Chaps. 183, 184. 137 

Section 15. This act shall be submitted to the qualified m^tedTo" 
voters of said city at the state election in the year nineteen voters, etc. 
hundred and twenty, in the form of the following question 
to be placed upon the ballot : — " Shall the city of Haverhill 
adopt the form of government defined as Plan B, modified 
by an act passed by the general court in the year nineteen 
hundred and twenty?" If a majority of the voters voting 
thereon vote in the affirmative, then this act, and the pro- 
visions of chapter two hundred and sixty-seven of the Gen- 
eral Acts of nineteen hundred and fifteen, and amendments 
thereof, applicable to Plan B not inconsistent herewith, shall 
be deemed accepted as provided in said chapter two hun- 
dred and sixty-seven. Approved March 24, 1920. 



An Act relative to the fixing of municipal tax rates C/iat>.183 

FOR THE current YEAR. 

Be it enacted, etc., as follows: 

Assessors of the cities and towns, in fixing the tax rate for Assessors, m 
the year nineteen hundred and twenty, may reckon as esti- fo'r currMt* ^ 
mated receipts, on account of chapter three hundred and r^ki^^nain 
fifty-five of the General Acts of nineteen hundred and nine- m^lcf^e^Ypts. 
teen, such sums as may be authorized by the commissioner 
of corporations and taxation. Approved March 24, 1920. 



Chap. ISA 



An Act to authorize the town of wellesley to ex- 
tend its W^ATER supply into the town of WESTON. 

Be it enacted, etc., as follows: 

Section 1. The town of Wellesley may extend its water Town of weiies- 
supply system into the town of Weston, including that part i^ i^ter^'^up- 
of the town which is used for park purposes and is under the tdwn^of \v^8ton° 
control of the metropolitan district commission. The said 
town may supply the inhabitants of the town of Weston 
with water, and may take over and consolidate with its 
water supply system the water supply system now operated 
by Charles W. Hubbard of Weston, and also that operated 
by the Keewaydin water works of Weston, upon such terms 
as shall be agreed upon by the said town with the said 
Hubbard and by the town with the Keewaydin water works. 

The town of Wellesley, by its water commissioners, may May construct 
construct and lay down aqueducts, pipes, and other works, p?pe^s, rt^^' 
under or over any lands, water courses, railroads, railways, 



'138 



Acts, 1920. — Chap. 184. 



Payment of 



May issue 
bonds, etc. 



Wellesley 
Water Supply 
Extension 
Loan, Act of 
1920. 



To be sub- 
mitted to 
voters of towns 
of Wellesley 
and Weston. 



or other public or private ways, and along such ways in 
such manner as not unnecessarily to obstruct the same, and 
for the purpose of constructing, repairing, and maintaining 
such aqueducts, pipes, and other works, the said commis- 
sioners may dig up any such lands, and under the direction 
of the selectmen of the town of Weston may enter upon, and 
dig up the same in such a manner as to cause the least 
hindrance to public travel. Said commissioners shall not 
enter upon, construct, or lay down any aqueducts, pipes, or 
other works within the location of any railroad corporation, 
except at such time and in such manner as they may agree 
upon with such corporation, or, in case of failure so to agree, 
as may be approved by the department of public utilities. 
The town of Wellesley shall pay all damages to property 
sustained by any person or corporation by anything done 
under authority of this section, which, in default of agree- 
ment, shall be determined in the manner provided in the 
case of land taken for highways. 

Section 2. For the purpose of carrying out the pro- 
visions of this act, the town of Wellesley may issue from 
time to time bonds or notes to an amount not exceeding fifty 
thousand dollars. Said bonds or notes shall be denominated 
on their face, Wellesley Water Supply Extension Loan, Act 
of 1920, and shall bear such rates of interest as may be 
fixed by the treasurer, with the approval of the selectmen. 
Said bonds or notes shall be payable at the expiration of 
periods not exceeding thirty years from their respective 
dates of issue and in the manner set forth in section fourteen 
of chapter seven hundred and nineteen of the acts of nine- 
teen hundred and thirteen and all acts in amendment thereof 
and addition thereto. Each authorized issue of such bonds 
or notes shall constitute a separate loan. Premiums received 
on loans hereby authorized shall be used as provided by 
general law. 

Section 3. This act shall be submitted to the voters of 
the town of Wellesley and to the voters of the town of 
Weston at annual or special meetings of said towns, to be 
held within four years from the date of the passage of this 
act, and shall take effect upon its acceptance by a major- 
ity of the voters in each of said towns voting thereon. 

Approved March 24, 1920. 



Acts, 1920. — Chaps. 185, 186. 139 



An Act kelative to the sale of methyl alcohol. Chap. 1S5 

Be it enacted, etc., as folloivs: 

Section one of chapter five hundred and forty-one of the i9io, 541, § 1, 
acts of nineteen hundred and ten, as affected by chapter ^ ''" *'^^'' 
three hundred and sixty of the General Acts of nineteen 
hundred and nineteen, is hereby amended by inserting after 
the word "alcohol", in the fifth line, the words: — or any 
drug or medicine intended for external use which contains 
any methyl alcohol, — so as to read as follows: — Section 1. ^c*^not*to°be'' 
Whoever, himself, or bv his servant or agent, or as the serv- sold unless con- 

' •_ 11 1 1 !• tamers are 

ant or agent 01 any other person sells, exchanges or deliv- labelled. 
ers any wood alcohol, otherwise known as methyl alcohol, 
either crude or refined, or denatured alcohol which contains 
any methyl alcohol, or any drug or medicine intended for 
external use which contains any methyl alcohol, under or 
by whatever name or trade mark the same may be called 
or known shall affix to the bottle or vessel containing the 
same a label bearing the words, "Poison, Not for Internal 
Use", in red letters of uncondensed Gothic type not less 
than one fourth of an inch in height, and the same words, 
"Poison, Not for Internal Use", in stencilled letters of 
similar Gothic t;y^e of a size not less than three fourths nor 
more than one and one half inches in height for use on 
barrels and kegs. Whoever violates any provision of this Penalty, 
section shall pay a fine of not less than fifty nor more than 
two hundred dollars for each sale in respect to which the 
violation occurs. Approved March 24, 1920. 



An Act authorizing the city of boston to pay a sum Phnr) 186 

of money to JAMES F. WEBBER. ^' 

Be it enacted, etc., as follows: 

Section 1. The city of Boston, by vote of its city city of Boston 
council, may pay to James F. Webber of Revere a sum not XmoMy V"" 
exceeding four thousand dollars, as compensation for injuries w^be^' 
sustained by him by being struck by a Boston police patrol 
automobile in East Boston on the first day of January, nine- 
teen hundred and twenty, by reason of which he became 
permanently incapacitated. 



140 



Acts, 1920. — Chap. 187. 



To be sub- 
mitted to city 
council, etc. 

Proviso. 



Section 2. This act shall take effect upon its acceptance 
by the city council of said city, subject to the provisions of 
its charter, provided that such acceptance occurs prior to 
December thirty-first in the current year. 

Approved March 24, 1920. 



1890, 320, § 9, 
amended. 



Mayor of city 
of Marlborough, 
election, duties, 
salary, etc. 



Chap. 1S7 An Act relative to the salary of the mayor of the 

CITY OF MARLBOROUGH. 

Be it enacted, etc., as follows: 

Section 1. Section nine of chapter three hundred and 
twenty of the acts of eighteen hundred and ninety is hereby 
amended by striking out the last two sentences and substi- 
tuting the following : — He shall receive an annual salary, 
not exceeding eighteen hundred dollars, to be fixed by con- 
current vote of the city council from year to year, — so as 
to read as follows: — Section 9. The mayor shall be elected 
by the qualified voters of the entire city, and shall hold office 
for the municipal year beginning with the first Monday of 
January next succeeding the election and until his successor 
is elected and qualified. The mayor shall be the chief execu- 
tive 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 shall have 
the power of veto provided by general law. He may sus- 
pend 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 of either branch thereof, when in his 
opinion the interests of the city require it, by causing notice 
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 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 
except in case of an equal division. He shall receive an 
annual salary, not exceeding eighteen hundred dollars, to 
be fixed by concurrent vote of the city council from year 
to year. 



Acts, 1920. — Chaps. 188, 189. 141 

Section 2. This act shall be submitted to'the voters of ^Hted^to' 
the city of Marlborough at the state election in the current voters, etc. 
year, and shall take effect upon its acceptance by a ma- 
jority of the voters voting thereon. This act shall be sub- 
mitted in the form of the following question to be placed 
upon the ballot : — " Shall the city of Marlborough accept 
an act passed by the general coiu"t in the current year au- 
thorizing the city council by concurrent vote to fix the 
salary of the mayor, from year to year, at a sum not exceed- 
ing eighteen hundred dollars?" Approved March 34, 1920. 

An Act to establish the compensation of medical (^/j^^jtj jgg 

EXAMINERS FOR INVESTIGATING DEATHS PRIOR TO CRE- 
MATION. 

Be it enacted, etc., as follows: 

Chapter twenty-four of the Revised Laws is hereby R. l. 24, § 22, 
amended by striking out section twenty-two and substitu- 
ting the following : — Section 22. Medical examiners and ^f°JJJ^dk!^i**°° 
associate examiners within their respective districts shall, on examiners for 
application and payment or tender of a fee of seven dollars, deaths prior to 

..1,,, 1 ,.. -xi cremation es- 

view the body and make personal inquiry concermng the tabUshed. 
death of any person whose body is intended for cremation, 
and shall authorize such cremation only when of opinion 
that no further examination or judicial inquiry concerning 
the death of such person is necessary. 

Approved March 24, 1920. 

An Act to enable the united states to acquire (J}iq^j) jgg 

CERTAIN lands SITUATED AT POINT ALLERTON IN THE 
TOWN OF HULL. 

Be it enacted, etc., as follows: 

Section 1 . The consent of the commonwealth of Massa- Consent of 
chusetts is hereby granted to the United States of America g^^^dTtT^^*^ 
to acquire by purchase or condemnation the lands and con- ^'acquire'^cCT- 
tiguous riparian and water rights situate at Point Allerton, ^tld ^t^Point*^" 
in the town of Hull, and county of Plymouth, common- Aiierton in 
wealth of Massachusetts, and described as follows, to wit : — 
Beginning at a point on the easterly side of Bluff road at 
land of United States, said point being marked by a drill 
hole in a stone bound lettered "U. S.", and running south 
eighty-nine degrees, nineteen minutes, twenty seconds east 
one hundred and twenty-nine and forty one hundredths feet 



142 Acts, 1920. — Chap. 190. 

by land of United States to a point marked by a drill hole 
in a stone bound lettered "U. S.", thence continuing in the 
same direction to the sea; then starting again at the point 
first mentioned and running northerly by said Bluff road 
sixty-five and sixty one hundredths feet to a passageway, 
thence running easterly by said passageway one hundred 
and thirty feet to the top of the bluff, thence continuing 
in the same direction to the sea; containing about seven 
thousand four hundred and seventy-five square feet of up- 
land, being all the land conveyed by Emery W. Clark to 
E. R. Birchard Chapman in nineteen hundred and nine, and 
including all appurtenant water and riparian rights. 
Jurisdiction SECTION 2. Jm'isdictiou over the said lands is hereby 

over said lands iiiiiTT'ir^ i 

ceded to United granted and ceded to the United States, but upon the express 
condition that this commonwealth shall retain concurrent 
jurisdiction with the United States in and over the lands so 
acquired, in so far that all civil processes, and such criminal 
processes as may issue under the authority of this common- 
wealth against any persons charged with crimes committed 
without the said lands, may be executed thereon in the 
same manner as though this consent and cession had not 
been granted. Approved March 24, 1920. 



Chap. 190 An Act relative to the minimum space between tene- 
ment HOUSES AND OTHER BUILDINGS ON THE SAME LOT 
IN THE CITY OF REVERE. 

Be it enacted, etc., as follows: 

^i'J^beTween SECTION 1. In the city of Revere the minimum open, 
certain build- unoccupicd spacc, extending upward from the ground and 

mgs on same lot '^. -^ . . , , p i i i i -i i- 

in city of across the entire width or the lot, between any building 

Revere . 

hereafter placed on the same lot of land with a tenement 
house, and the tenement house, shall be twelve feet. 

dlfiSSi.'^°^ Section 2. The terms used in section one shall be as 

defined in section one of Part I of chapter seven hundred 
and eighty-six of the acts of nineteen hundred and thirteen, 
but so much of section seventeen of Part II of said chapter 

Certain provi- as is iuconsistcnt herewith, shall not apply to the city of 

sion of law not -_ '. 7li-I/^/ < ^^V, 

to apply. Revere. Approved March 24, 1920. 



Acts, 1920. — Chaps. 191, 192. 143 



An Act authorizing the suspension and revocation C hap. IQl 
OF certain licenses. 

Be it enacted, etc., as follotcs: 

Chapter one hundred and two of the Revised Laws is R. l. 102, § 168, 
hereby amended by striking out section one hundred and *™''° ^ 
sixty-eight and substituting the following: — Section 168. Ucenses for 
The mayor and aldermen of a city except Boston, and in iiar§!°i^ior 
Boston the licensing board, and the selectmen of a town, fo^'bh-^eta, 
may grant a license to a person to keep a billiard, pool or rev^bnoL*^ 
sippio table or a bowling alley for hire, gain or reward, upon 
such terms and conditions as they deem proper, to be used 
for amusement merely but not for the purpose of gaming 
for money or other property, subject to the provisions of 
sections one hundred and eighty-six to one hundred and 
eighty-nine, inclusive, and may suspend or revoke it at 
pleasure. Approved March 24, 1920. 



An Act relative to the salaries of the mayor and Chap.V^2 
city councilmen of the city of peabody. 

Be it enacted, etc., as folloivs: 

Section 1. Chapter three hundred of the Special Acts 1916, 3oo(S), 
of nineteen hundred and sixteen is hereby amended by '^^^^ 
striking out section eight and substituting the following: — 
Section 8. The mayor shall receive for his services such Salaries of 
salary, not exceeding tliirty-five hundred dollars a year, as dfy ^uncii- 
the city council by ordinance shall determine, and he shall pSibody!*^^ °^ 
receive no other compensation from the city. The council 
may, by a two thirds vote of all its members taken by call 
of the yeas and nays, establish a salary for its members not 
exceeding two hundred and fifty dollars each a year. 

Section 2. This act shall be submitted to the voters of ^n^eYto " 
the city of Peabody at the state election in the current year, voters, etc. 
and if accepted by a majority of the qualified voters voting 
thereon shall take effect as of the first day of June, nineteen 
hundred and twenty; otherwise it shall not take effect. 

Approved March 24, 1920, 



144 Acts, 1920. — Chap. 193. 



Chap.193 An Act to provide for the tk^nsfer of certain 

PERSONS TO THE MENTAL WARDS OF THE STATE IN- 
FIRMARY. 

Be it enacted, etc., as follows: 

Provision for Uiitil sucli time as the Norfolk state hospital Is vacated 

tain inmates bv the United States public health service and returned to 
state hospital the control of the commonwealth, or other provision is made 

to mental wards <•■! o iTj.1j.j.i'x a. p 

of state in- lOF the carc or persons adaicted to the intemperate use or 
firmary. narcotlcs OF stimulauts, the commissioner of mental diseases 

may, under the provisions of section sixty-nine of chapter 
five hundred and four of the acts of nineteen hundred and 
nine, as amended by section one of chapter three hundred 
and thirty-four of the acts of nineteen hundred and eleven, 
and by chapter one hundred and thirty-one of the General 
Acts of nineteen hundred and seventeen, transfer to the 
mental wards of the state infirmary any inmate of the 
Norfolk state hospital who has been duly committed thereto 
under the provisions of section fifty of said chapter five 
hundred and four, as amended by chapter five hundred 
and fifty-eight of the acts of nineteen hundred and fourteen, 
by chapter seventy-three of the General Acts of nineteen 
hundred and fifteen, by chapter sixty-nine of the General 
Acts of nineteen hundred and se^'enteen, and by section one 
of chapter one hundred and thirty-nine of the General 
' Acts of nineteen hundred and eighteen. 

Approved March 24, 1920. 

The Commonwealth of Massachusetts, 
ExECUTiVH Depaktment, Boston, March 24, 1920. 

Act declared an I^ Calvin CooHdge, by virtue of and in accordance with the pro- 
bythfgovernor. visions of the Forty-eighth Amendment to the Constitution, "The 
Referendum II Emergency Measures", do declare that in my opin- 
ion the immediate preservation of the pubUc peace, health, safety 
and convenience requires that the law passed on the twenty-fourth 
day of March, in the year nineteen hundred and twenty, entitled 
"An Act to provide for the Transfer of Certain Persons to the 
Mental Wards of the State Infirmary", should take effect forth- 
with, that it is an emergency law, and that the facts constituting 
the emergency are as foUows : — that serious inconvenience and 
injury will be caused the pubHc by the deferred operation of this 
Act 

CALVIN COOLIDGE. 



Acts, 1920. — Chaps. 194, 195. 145 

The Commonwealth of Massachusetts, 
Office of the Secretary, Boston, March 24, 1920. 

I hereby certify that the above statement was filed in this oflSce Secretary's cer- 
by His Excellency the Governor of the Commonwealth of Massa- fiHng*ofth^ 
chusetts at four fifty-eight o'clock p.m. on the above date, and in governor's 
accordance with Article Forty-eight of the Amendments to the ete.^^***"*' 
Constitution said chapter takes effect forthwith, being chapter one 
hundred and ninety-three, acts of nineteen hundred and twenty. 

ALBERT P. LANGTRY, 

Secretary of the Commonwealth. 

An Act to extend the time within which the special Qhav. 1^4: 

COMMISSION TO INVESTIGATE THE JUDICATURE OF THE 
COMMONWEALTH SHALL FILE ITS FINAL REPORT. 

Be it enacted, etc., as follows: 

The time within which the special commission, appointed ^jj^l^'^'j.^i 
under the provisions of chapter two hundred and twenty- commission to 
three of the General Acts of nineteen hundred and nineteen, judicature of 
to investigate the judicature of the commonwealth is required SiTieTt^ 
to file its final report is hereby extended to the first Wednes- Snded!^ 
day in January, nineteen hundred and twenty-one. 

Approved March 24, 1920. 

An Act relative to the city council of the city of (JJidj) ^95 

QUINCY. 

Be it enacted, etc., as follotvs: 
Section 1. The city council of the city of Quincy shall, cjty w)uncii of 

, .„ -Ill ir- *=i*y °f Qumcy, 

except as neremaiter provided, be composed 01 mne mem- membership. 

bers, of whom one shall be elected by and from the qualified 

voters of each ward, and three shall be elected by and from 

the qualified voters of the whole city. At the first municipal 

election held after the acceptance of this act the councillors 

elected from each ward shall be elected to serve for one year, 

and those elected at large shall be elected to serve for two 

years, from the first Monday in January following their 

election and until their successors are elected and qualified; 

and at each annual city election thereafter the councillors 

elected to fill vacancies caused by the expiration of terms 

shall be elected to serve for two years. Whenever the Membership to 

number of wards of the city is increased, the number of tl^J^^Lm- 

members of the city council shall be correspondingly in- ^^^^^3!^**^ ^ 

creased, and at the first municipal election after the creation 



146 



Acts, 1920. — Chap. 196. 



Election of 
an aelditional 
councillor at 
large. 



Termination 
of office of 
members of 
council in ofl&ce 
when act is 
accepted. 

Certain provi- 
sion of law not 
to apply. 



Proviso. 



To be sub- 
mitted to 
voters, etc. 



of a new ward a councillor shall be elected by and from the 
qualified voters of the new ward, to serve for two years from 
the first Monday in January- following his election. When- 
ever by reason of an increase in the number of wards the 
number of members of the city council would be increased 
to an even number, an additional councillor shall be elected 
at large by and from the qualified voters of the city to serve 
for two years from the first Monday of the following January. 

Section 2. The term of office of the members of the 
city council in office at the time of the acceptance of this 
act shall expire on the first Monday in January following 
said acceptance. 

Section 3. Section five of Part II of chapter two hun- 
dred and sixty-seven of the General Acts of nineteen hun- 
dred and fifteen, relating to Plan A, in so far as it is incon- 
sistent with the provisions of this act shall not apply to the 
city of Quincy: provided, however, that except as changed 
by this act, the form of municipal go\ernment now in force 
in said city and the special laws relating thereto shall con- 
tinue in force until amended or repealed. 

Section 4. This act shall be submitted to the registered 
voters of the city of Quincy at the next state election and 
shall take effect upon its acceptance by a majority of the 
voters voting thereon. The act shall be submitted in the 
form of the following question to be placed upon the bal- 
lot: — "Shall an act of the general court, passed 
in the current year relative to ward represen- 
tation in the city council of the city of Quincy 
be accepted?" Approved March 24, 1920. 



YES. 




NO. 





C/iap. 196 An Act to provide for setting off by metes and 

BOUNDS the land OF TOWN NECK IN THE TOWN OF SAND- 
WICH AMONG THE OWNERS THEREOF. 

Be it enacted, etc., as follows: 

Section 1. The probate court for the county of Barn- 
stable may, upon the application of any right-o\vner in the 
land known as Town Neck in the toAvn of Sandwich, after 
such notice as it may deem sufficient and after hearing, de- 
termine the number and class of rights in the said Town 
Neck the owners of which are unknown, and may appoint a 
commissioner to make sale of the same at public auction. 
Net proceeds of SECTION 2. After a salc as aforesaid the commissioner 

sale, now to be 

disposed of, shall render an account to the court, and the court may 

etc. 



Rights in land 
known as Town 
Neck in town 
of Sandwich 
may be deter- 
mined and sold. 



Acts, 1920. — Chap. 197. 147 

order the net proceeds of the sale to be deposited or invested, 
to accumulate for the persons entitled thereto, in the manner 
and under the provisions of law respecting the deposit or 
investment of unclaimed moneys in the hands of executors, 
administrators, guardians or trustees, and, if not claimed 
within seven years after the date of deposit, the said pro- 
ceeds, with interest thereon, shall escheat to the common- 
wealth. 

Section 3. After a sale as aforesaid the said court, upon Setting off land 
the application of any right-owner, may appoint one or bou^d^among 
more commissioners, "with the usual powers of such com- °^°®" thereof. 
missioners appointed by the probate court, to make partition 
of the said land by metes and bounds among the owners 
thereof according to their interests and to set off and assign 
to such owners their respective shares as nearly as may be, 
in accordance with the law and practice relative to partition 
of land in the probate court. Approved March 24, 1920. 

An Act to authorize the county commissioners of Qjiq/t) 197 

THE county of WORCESTER TO BORROW MONEY FOR THE 
CONSTRUCTION OF A HIGHWAY. , 

Be it enacted, etc., as follows: 

Section 1. For the purpose of paying the cost of laying Worcester 
out a highway, including land damages, as authorized by borrow moLy 
chapter three hundred of the General Acts of nineteen hun- struc'tion°Cf a 
dred and nineteen, the county treasurer of the county of ^^shway. 
Worcester, with the approval of the county commissioners, 
may borrow such sums as may be necessary, and may issue 
bonds or notes of the county therefor. Such bonds or notes 
shall be payable by such annual payments, beginning not 
more than one year from the date thereof, as will extinguish 
the loan within five years from its date, and the amount 
of such annual payment in any year shall not be less than 
the amount of the principal of the loan payable in any 
subsequent year. Said bonds or notes shall bear such rates 
of interest as may be determined by the county treasurer 
and the county commissioners. 

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

Approved March 27, 1920. 



148 



Acts, 1920. — Chap. 198. 



Emergency 
preamble. 



Chap. 19S An Act to authorize the payment of a sum of money 

FOR the improvement OF MALDEN RIVER BY THE UNITED 

STATES. 

Whereas, The public interests require that the payments 
hereby authorized should be made available at the earliest 
date possible in order that the commonwealth may take 
full advantage of the co-operation offered by the federal 
government, therefore this act is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 



Common- 
wealth may 
pay a sum of 
money for im- 
provement of 
Maiden river 
by United 
States. 



Appropriation 
from which said 
money shall be 
paid. 



Appropriations 
to be received 
from cities of 
Maiden, Med- 
ford and 
Everett, etc. 



Be it enacted, etc., as follows: 

Section 1. The sum of thirty-five thousand dollars 
may, within one year after the passage of this act, be allowed 
and paid out of the treasury of the commonwealth and 
placed to the credit of the secretary of war of the United 
States to meet, in part, a provision in the river and harbor 
act of congress, approved March fourth, nineteen hundred 
and fifteen, relative to a modified plan of the federal govern- 
ment for the improvement of INIalden river, said provision 
being "that any increase in cost involved in the execution 
of said modified plan shall be paid by local interests and 
involve no further appropriation by the United States for 
the prosecution or completion of said improvement". The 
said amount of thirty-five thousand dollars shall be paid 
out of the unexpended balance of the appropriation of one 
hundred and eighty thousand dollars which the commission 
on waterways and public lands, by the provisions of chapter 
one hundred and sixty-two of the General Acts of nineteen 
hundred and nineteen, was authorized to expend for dredging 
minor channels in and about Boston harbor. The said 
amount shall not be placed to the credit of the secretary of 
war for use in the improvement of said river until there has 
been received by the treasurer and receiver-general of the 
commonwealth from the cities of Maiden, Medford and 
Everett the amounts appropriated by them under the pro- 
visions of chapter two hundred and thirty-seven of the 
Special Acts of nineteen hundred and nineteen, to the amount 
of thirty-five thousand dollars, which sum, in addition to the 
money appropriated under the provisions of this act, may 
be transferred to the federal government when the federal 



Acts, 1920. — Chaps. 199, 200. 149 

government is prepared to enter Into a contract for carrying 
into effect the project of improving the said river. 

Section 2. If any part of the thirty-five thousand dol- unexpended 
lars paid by the commonwealth as aforesaid remains unex- repafd to im- 
pended after the completion of the improvement of the said monweaith. 
river, as provided for in the project of the federal govern- 
ment aforesaid, it shall be repaid to the commonwealth. 

Approved March 27, 1920. 

An Act to exempt from jury service certain veteran Qhav 199 

SOLDIERS and SAILORS. 

Whereas, The deferred operation of this act would largely Emergency 
defeat its purpose, therefore it is hereby declared to be an p^'^^^^ie. 
emergency measure, necessary for the immediate preserva- 
tion of the public convenience. 

Be it enacted, etc., as follmvs: 

Chapter three hundred and twentv-seven of the General J^iJ- ^27 (G). 

A p • 1111 '^ • 1 1 11*^' amended. 

Acts 01 mneteen hundred and seventeen is hereby amended 
by striking out section sixty-four and substituting the follow- 
ing: — Section 64- Members of the volunteer militia shall ^^ij^j.^ and^""*" 
not be liable for jury duty, and any citizen who has served sailors ex- 
for nine years in the volunteer militia, or whose total faithful jury service. 
service in the volunteer militia and in the United States 
army in time of war equals nine years, shall be exempt for 
life from jury duty. Approved March 27, 1920. 

An Act to provide for the pensioning of public (JJidrt 200 

SCHOOL JANITORS IN THE TOWNS OF ANDOVER AND NORTH 
ANDOVER. 

Be it enacted, etc., as follows: 

Section 1. The school committee, official, board or pensioning of 
other body having control of the janitors in the service of fanUors^in*^^ 
the public schools of Andover or North Andover, may retire, Andoverand/ 
with an annual pension, any janitor in such service who has North Andover. 
reached the age of sixty years, after completing a service of 
not less than twenty-five years, and who has become physi- 
cally incapacitated. The pension shall be equal to one half 
of the compensation which the pensioner was receiving at 
the time of his retirement, but In no case shall it exceed the 
sum of five hundred dollars. 



150 Acts, 1920. — Chaps. 201, 202. 

mitteVto^ Section 2. This act shall be submitted to the voters of 

voters, etc. ^hc towns of Andover and North Andover at special town 
meetings duly called for the purpose, or at any regular town 
meeting, and shall take eflFect upon its acceptance by a ma- 
jority of the voters voting thereon in each of the said towns. 

Approved March 27, 1920. 



Chap. 201 An Act to extend the powers of the commission for 

THE BLIND, 

Be it enacted, etc., as folloivs: 

imencfed ^ ^' Scctiou six of chapter three hundred and eighty-five of the 

acts of nineteen hundred and six is hereb}- amended by strik- 
ing out the words "and by such other methods as", in the 
seventh and eighth lines, and by substituting the words: — 
by aiding individual blind persons with money or other as- 
sistance, or by any other method, — so as to read as fol- 

Powersofcom- lows: — Sectioii 6. The commission, in furtherance of the 

mission for the i> ^ • • i j> 

blind extended, purposes 01 this act, may provide or pay tor temporary 
lodgings and temporary support for workmen or pupils re- 
ceived at any industrial school or workshop established by 
it, and may ameliorate the condition of the blind by de- 
vising means to facilitate the circulation of books, by pro- 
moting visits among the aged or helpless blind in their 
homes, by aiding individual blind persons with money or 
other assistance, or by any other method it may deem 

Proviso. expedient: provided, that the commission shall not under- 

take the permanent support or maintenance of any blind 
person. Approved March 27, 1920. 



Chap. 202 An Act relative to the printing of extil^cts from 
the laws relating to trespass on farm and forest 

LANDS. 

^ Be it enacted, etc., as follows: 

1904. 444^ §3. Chapter four hundred and forty-four of the acts of nine- 

teen hundred and foiu-, as amended in section three by sec- 
tion one of chapter two hundred and thirty-nine of the acts 
of nineteen hundred and fourteen, is hereby further amended 
by striking out said section three and substituting the fol- 
Printing and lowing : — Scction 3. It shall be the duty of the commis- 
tracts from sioiicr of agricultUTC to have copies of said extracts printed 
trespass on ^ *° ou durable material, suitable to be affixed to trees or other- 



Acts, 1920. — Chaps. 203, 204, 205. 151 

wise to be posted in the open air, and to furnish a reasonable [arm and forest 
number of such copies to any owner or tenant of land, upon 
application, at a price not less than the cost thereof. 

Approved March 27, 1920. 

An Act to provide further for the reclamation by C/iap. 203 

THE department OF PUBLIC WORKS OF THE PROVINCE 
L.\NDS IN PROVINCETOWN. 

Be it enacted, etc., as follows: 

Section 1. The department of public works is hereby Department of 
authorized to continue the reclamation, improvement and to continue^ 
protection of the province lands belonging to the common- etc'Tf^prov- 
wealth in the town of Provincetown and under the care and provincetown 
supervision of said department. 

Section 2. This act shall not take effect until an ap- Time of taking 
propriation sufficient to carry out the provisions thereof has ^®®''*- 
been made. Approved March 27, 1920. 

An Act relative to the retirement of certain Chav.204: 

VETERANS IN THE SERVICE OF THE SOLDIERS' HOME IN 
MASSACHUSETTS. 

Be it enacted, etc., as folloivs: 

Section one of chapter six hundred and forty-two of the 1913. 642. § 1, 
acts of nineteen hundred and thirteen is hereby amended by *™^°^^^- 
striking out all after the word "retirement", in the sixth 
line, so as to read as follows : — Section 1 . A veteran of the Certain vet- 
civil war in the service of the Soldiers' Home in Massachu- fee of 'sowLVs' 
setts, if incapacitated for active service, may be retired by M^IchUetts 
the trustees of the home, with the consent of the governor ™'*^ ^^ retired. 
and council, at one half the average rate of compensation 
paid to him during the two years immediately preceding his 
retirement. Approved March 27, 1920. 

An Act to authorize certain appointments by heads Qhav 205 

OF DEPARTMEN^TS, BOARDS AND COMMISSIONS OF THE COM- 
MON^'EALTH. 

Be it enacted, etc., as follows: 

Each officer, board and commission having supervision Heads of de- 
and control of a state department under the provisions of Coards^and 
chapter three hundred and fifty of the General Acts of nine- SmSonweaitt 
teen hundred and nineteen, including the adjutant general ^^^ '°^^^^ '^^^' 



152 Acts, 1920. — Chaps. 206, 207. 

« 
tain appoint- and the officers, boards and commissions mentioned In sec- 
^a?i be exempt tions fifteen and sixteen of said chapter three hundred and 
icefaws. ^^' fifty, may, subject to the provisions of chapter two hundred 
and twenty-eight of the General Acts of nineteen hundred 
and eighteen, as amended, and to the rules and regulations 
made thereunder, employ a person to serve under such offi- 
cer, board or commission in a confidential capacity, and such 
employment shall be exempt from the civil service laws. 
Appointments and removals made under this act shall be 
subject to the approval of the governor and council. 

Approved March 21, 1920. 



C hap. 20d An Act relative to the sale of rights of unknown 

OWNERS OF LAND KNOWN AS JEFFRIES NECK PASTURE IN 
the TOWTST OF IPSWICH. 

Be it enacted, etc., as follows: 

1916, 305 (S). Chapter three hundred and five of the Special Acts of 

nineteen hundred and sixteen is hereby amended by striking 

Rights in land out scction ouc aiid substituting the following: — Section 1. 

fdes^Nedc ^ ' Tlic probatc court for the county of Essex may, upon appli- 

fown^of ips- cation of any right owner in the land known as Jeffries 

ditermmed'lnd Ncck Pasturc in the town of Ipswich, after such notice as it 

sold. may deem sufficient and after hearing, determine the number 

and class of rights in said pasture, the owners of which are 

unknown, and may appoint a commissioner to make sale of 

the same at public auction. Approved March 27, 1920. 



Chap. 207 An Act relative to the travel fees of witnesses. 

Be it enacted, etc., as follows: 

R. L. 204, § 21. Chapter two hundred and four of the Revised Laws is 
hereby amended by striking out section twenty-one and 
Fee? of certain Substituting the following : — Section 21 . The fees for at- 
witnesses. tending as a witness before the industrial accident board, 

the state board of conciliation and arbitration, in a civil case 
in the supreme judicial court, superior court, land court, 
probate court or court of insolvency, or to persons, except 
the debtor, who are examined under section eighty-two of 
chapter one hundred and sixty-three, unless fraudulent con- 
duct is charged and proved against them, shall be one dollar 
and fifty cents a day ; for attending before any of said courts 
in a criminal case, before county commissioners, or before 



Acts, 1920. — Chap. 208. 153 

the general court, one dollar and twenty-five cents a day; 
for attending before a trial justice, police, district or mu- 
nicipal court, referee, arbitrator, member of the industrial 
accident board, or on any other occasion for which no express 
provision is made, fifty cents a day; and in all cases, five 
cents a mile for travel out and home: provided, that if the Proviso, 
witness has a usual place of business or employment in the 
city or town in which the court trial or hearing is held, 
travel shall be reckoned out and to such place of business 
or employment, and not out and home. Each witness shall ^^^j^^g®",- ^ 
certify in writing the amount of his travel and attendance. 

Approved March 27, 1920. 



Chap.208 



An Act relative to the protection of wild or un- 
domesticated birds. 

Be it enacted, etc., as folloios: 

Section seven of chapter ninety-two of the Revised Laws, r. l. 92, § 7, 
as amended by chapter two hundred and eighty-seven of the ^*° ' ^™®''*^^'^- 
acts of nineteen hundred and three, by section one of chapter 
two hundred and fifty of the acts of nineteen hundred and 
seven, and by chapter twenty of the General Acts of nine- 
teen hundred and seventeen, is hereby further amended by 
striking out said section and substituting the following : — 
Section 7. Whoever takes or kills or has in his possession penalty for 
a wild or undomesticated bird not named in sections two, certemwUdor 
three, four and five, except English sparrows, crow black- ca'tedTi^da, 
birds, crows, jays, starlings, the following named birds of '''^•=- 
prey, — sharp-shinned hawk, cooper's hawk, goshawk, red- 
tailed hawk, red'-shouldered hawk, duck hawk, pigeon hawk, 
barred owl, great horned owl and snowy owl, wild geese and 
fresh water and sea fowl not named in said sections, or 
wilfully destroys, disturbs or takes a nest or eggs of any wild 
or undomesticated bird, except such as are not protected by 
the provisions of this section, shall be punished by a fine of 
ten dollars for each bird taken or killed or had in possession 
or each nest or egg destroj'ed, disturbed or taken contrary 
to the provisions of this section; but a person over twenty- Exceptions, 
one years of age who has a certificate from the commissioner 
of conservation or from the president of the Boston Society 
of Natural History that he is engaged in the scientific study 
of ornithology or is collecting in the interests of a scientific 
institution, may at any season take or kill, or take the nests 



154 



Acts, 1920. — Chaps. 209, 210. 



Entrance 
upon private 
grounds, etc. 



and eggs of, an undomesticated bird, except woodcock, 
ruffed grouse and quail; but the provisions of this section 
shall not authorize a person to enter upon private grounds 
without the consent of the owner thereof for the purpose of 
taking nests or eggs or killing birds. Said commissioner or 
the president of the said society may at any time revoke 
such a certificate. Approved March 27, 1920. 



Chav.209 An Act relative to the taking of affidavits by clerks 

AND assistant CLERKS OF COURTS. 

Be it enacted, etc., as foUcnvs: 

Any affidavit required in any action or proceeding pend- 
ing in any court in the commonwealth may be made and 
sworn to before a clerk or assistant clerk of such court. 

Approved March 27, 1920. 



Clerks and 
assistant clerks 
of courts may 
take certain 
affidavits. 



1909, 514, § 23, 
amended. 



Chav 210 A^ ^^^ relative to the protection of persons fur^ 

"' NISHING materials OR LABOR FOR PUBLIC WORKS. 

Be it enacted, etc., as follows: 

Section twenty-three of chapter five hundred and fourteen 
of the acts of nineteen hundred and nine is hereby amended 
by striking out the words "with such officers or agents", in 
the eighth line, and substituting the words: — in the office 
of the county treasurer or in the clerk's office of the city or 
town, — by striking out the words " the completion of the 
work", in the ninth and tenth lines, and substituting the 
words : — the claimant ceases to perform labor or ceases to 
furnish labor or materials, — so as to read as follows: — 
Section 23. Officers or agents who contract in behalf of any 
county, city or town for the construction or repair of public 
buildings or other public works shall obtain sufficient secu- 
rity, by bond or otherwise, for payment by the contractor 
and sub-contractors for labor performed or furnished and 
for materials used in such construction or repair; but in 
order to obtain the benefit of such security the claimant shall 
file in the office of the county treasurer or in the clerk's 
office of the city or town a sworn statement of his claim 
within sixty days after the claimant ceases to perform labor 
or ceases to furnish labor or materials. 

Approved March 27, 1920. 



Security for 
payment for 
materials or 
labor furnished 
for public 
works. 



Acts, 1920. — Chaps. 211, 212. 155 



An Act relative to the appointment of women as Chap. 211 

POLICE officers IN THE CITY OF BOSTON. 

Be it enacted, etc., as folloivs: 

Section ten of chapter two hundred and ninety-one of etc^'amelded 
the acts of nineteen hundred and six, as amended by chapter 
two hundred and twenty-one of the acts of nineteen hundred 
and nine, is hereby further amended by inserting after the 
word "efficiency", in the fourth fine, the words: — Women 
shall be eligible to appointment in the discretion of the com- 
missioner, and a separate list of women shall be established 
by the diAision of ci^•il service, — so as to read as follows : — 
Section 10. The police commissioner shall have authority Boston iwiice 
to appoint, establish and organize the police of said city and may appoint 
to make all needful rules and regulations for its efficiency, officers, etc!° '"^ 
Women shall be eligible to appointment in the discretion of 
the commissioner, and a separate list of women shall be 
established by the division of civil service. He shall from Appointment 
time to time appoint a trial board, to be composed of three etc!'^''' °^ ' 
captains of police, to hear the cA'idence in such complaints 
against members of the force as the commissioner may deem 
advisable to refer to said board. Said trial board shall re- 
port its findings to said commissioner who may re\iew the 
same and take such action thereon as he may deem ad- 
visable. Except as otherwise provided herein all the powers 
and duties now conferred or imposed by law upon the board 
of police of the city of Boston, are hereby conferred and im- 
posed upon said police commissioner. All licenses issued by issue and 
said police commissioner shall be signed by him and recorded orcertahT 
in his office. He shall haxe all the powers of the board of ^i''®"^^^. 
police in regard to revoking licenses issued by him, and in 
addition may, in his discretion, for any cause deemed satis- 
factory to him and without a hearing, suspend and make 
inoperative for such period as he may deem proper any 
license issued by him. Approved March 29, 1920. 



An x4cT TO DISSOLVE CERTAIN CORPORATIONS. Chap.212 

Whereas, It is necessary that certain delinquent corpora- Emergency 
tions be dissolved before the first day of April in the cur- p'^™^^®- 
rent year; therefore, the following act is hereby declared to 
be an emergency measure, as necessary for the immediate 
preservation of the public convenience. 



156 Acts, 1920. — Chap. 212. 

Be ii enacted, etc., as follows: 

Certain busij SECTION 1. Such of the foUowing named corporations as 
tions dissolved, are not already legally dissolved, are hereby dissolved, sub- 
ject to the p^o^^sions of sections fift}'-two and fifty-three 
of chapter four hundred and thirty-seven of the acts of 
nineteen hundred and three and the amendments thereof: — 

Business Corporations. 

A. A. Wheeler Company, The 
A. Bass Company 
A. C. Porter, Inc. 
A. Ceppi Company 
A. M. Wright, Inc. 
A. S. Lauferty Company, The 
Aberdeen Pharmacy Company 
Abrams and Sawyer Company 
Acco Lubricant Company 
Acme Time Clock Company 
Adams Company, Inc. 
Adler, Green Company 
Advocate Company, The 
Advocate Publishing Company 
Adzit Company, The 
Aiden Lair Farms Association, The 
Al-Insanyeh Publishing Co. (The Humanity) 
Albree Self Figuring System Company 
Alexander Brothers, Inc. 
Algonquin Mineral Spring, Inc. 
Allegheny Coke Company 
American Aeroplane Company 
American Aniline Company 
American Artois Brau Company, The 
' American Broaching Machine Co. 

American Department Store Company 
American Egg Company 
American Fiber Company 
American Fish Stores, Inc. 
American Food Conservation Company 
American Gas Burner Hot Water Company, The 
American Gas Products Co. 
American Iron & Metal Company 

American Motors Company of Southern Massachusetts, 
The 



Acts, 1920. — Chap. 212. 157 

American Peat Product Company Certain busi- 

. _, T ness corpora- 

American oellmg Company, Inc. tions dissolved. 

American Shoemaking Publishing Company 

American Textilose Company 

American Watch Tool Company 

American Wine Company 

American Worsted Machinery Company 

Ames Manufacturing Company 

Anastasi Life-Boat Company 

Andersen Conservatories, Inc. 

Andover Steam Laundry Company 

Anglo-American Textile Machinery Company 

Animated Service Incorporated 

Antivlin Laboratories, Inc. 

Antoine & Jaquith Co. 

Appell-Bradstreet Co. 

Arcade Apparel Shop, Inc. 

Architects Roofing Company 

Argo Tile and Pottery Company, Inc. 

Arkin Fastener Co. 

Aromatic Chemical Company, Inc. 

Arrow Express and Trucking Company, The 

Arthur H. DuGrenier Auto Renting Company, Inc., 

The 

Atherton-Byard Furniture Company 

Atlantic Hat Works, Incorporated 

Atlantic Manufacturing Company 

Atlantic Refining Company 

Atlantic Salt Fish Co. Inc. 

Atlantic Shoe & Finding Co. 

Atlantis Press, The 

Aube Smoke Consumer Company 

Auditorium Theatre Company 

Auto Bill Post, Inc. 

Auto Parts Mfg. Co., Inc. 

Auto Time Saver Repair Kit Company 

Automatic Air Brake Company 

Automatic Fire Arms Company 

Automobile Service Stations, Incorporated 

Ayer Bus Corporation 

Ayer Lunch Company 

B. A. Snyder Company 

B. B. Freight and Express Company 

B. Greenwald Company 



158 Acts, 1920. — Chap. 212. 

?:fi"it- B. J. Elkind Co. 

tiona dissolved. B. Weinberg Company, Inc. 

Baker Auto Supply Company 
Baker Foundry and Machine Company 
Balderston & Co., Incorporated 
Baldwin Shipping Company Incorporated 
Balkan Shoe Company 
Ball & Burnham, Inc. 
Ballon Coal Company 
Barrington Pharmacy, Inc. 
Basler Shoe & Leather Co. 
Batchelder & Snyder Company (July 9, 1919) 
Battle Cry of Peace, Inc. 
Bay State Black Fox Association Inc. 
Bay State Candy Box Company (1917) 
Bay State Farms, Inc. 
Bay State Millinery Co. 
Bay State Oil Company 
Bay State Paper Company 
Bay State Pink Granite Company 
Bay State Silver Black Fox Co., Inc. 
Beacon Construction Company 
Beacon Mortgage & Realty Company 
Beauvais Water Heater Company, The 
Bellevue Manufacturing Company, The 
Bellows Falls Skirt Company 
Belmont Courier, Inc. 
Belmont Farms Company 
Belmont Street Garage Company, The 
Ben Franklin Electric Roaster Company 
Bence Motor Transportation Company 
Bennett Live Stock Company 
Bennett Publishing Company, The 
Berkshire Brick Company 
Berkshire Motor Sales Company, Incorporated 
Berkshire Realty Trust Inc. 
Berkshire Schools Co. 
Bernard Company, The 
Bernard Lett Company 
Bernitz Method Company 
Berstein & Press Company, Inc. 
Bestol Company, The (1914) 
Bethel Chrome Tanning Company 
Beverly Chemical and Supply Company 



Acts, 1920. — Chap. 212. 159 

Beverly Tool & Machine Co. Certain busi- 

-r»'i<>i* T • r^ T '^^^ corpora- 

Bickiord Auto-Livery Co., inc. tions diasoived, 

Bigheart Petroleum Refining Company 

Billings & Johnson Incorporated 

Bishop Publishing Company, The 

Bituminous Road Implement Company 

Blackinton Realty Company 

Blackmer Cut Glass Company 

Blake-Conlan Co. 

Blake Pump & Condenser Co. 

Blue Flame Safety Heating Co. 

Bluebird Photo Plays of New England Inc. 

Bon-Ton Millinery Co., The 

Bon Ton Specialty Shop, Inc., The 

Bonded Investigation Bureau, Inc. 

Boot & Shoe Protective Association of New England, 
The 

Boston Auto Craft Company 

Boston Bag Wood Co. 

Boston Blower Company 

Boston Consolidated Cap Co. 

Boston Domestic Sponging Co. 

Boston Economy Store, Inc. 

Boston Feature Film Company 

Boston Iron & Metal Co. 

Boston Loan Company (1916) 

Boston Lock Nut Co. 

Boston-Miami Lead & Zinc Company 

Boston Motion Picture Exposition Company 

Boston Motor Transportation Co., The (Aug. 7, 1919) 

Boston Motorcycle Sales Co. 

Boston Oil and Gasolene Company 

Boston Oregon Mast Company 

Boston Polish Company 

Boston, Quincy and Fall River Bicycle Railway Com- 
pany 

Boston Sash Weight Company 

Boston Silver Black Fox Company, The 

Boston Soda Fountain Company, The 

Boston Starter and Specialty Company 

Boston Team Owners' Supply Company 

Boston Trading and Fruit Company, The 

Boston Veterinary Hospital, The 

Boulder Grange Live Stock Company 



160 Acts, 1920. — Chap. 212. 

Certain busi- Boutwell, Dcwsnap & Field, Inc. 

ness corpora- t) i • V-i mi 

tions dissolved. Isowdom Company, The 

Bowers Arms and Munitions Company 
Bowers IManufacturing Co. 
Bowie Manufacturing Company, The 
Boyce-McIntjTc Inc. 
Boyd Transportation Company, The 
Bragdon-Jones Company 
Brennan & Palmer, Inc. 
Brennan Mfg. Co. 
Bridgham and Smith Company 
Briggs and Allyn Manufacturing Company 
Briggs Electric Company 
Brightwood Garage Company 
Brockton Family Shoe Store, Inc. 
Brockton Garment Manufacturing Company 
Brockton INIacaroni Company, The 
Brockton Overland Company, The 
Brockton Spa, Inc., The 
Brockton Webbing Company 
Brockton Welting Company 
Brookline Motor Service Co. 
Brophy IManufacturing Company 
Brown-Conant, Inc. 
Brown-Foster Company 
Brown's Enamel Works, Inc. 
Bruce & Warner Express Co. 
Bryant G. Smith & Sons Co. (Jan. 2, 1917) 
Buffalo. Leasing Company 
Bulfinch Realty Company 
Bunch- A-Loo Costumes Inc., The 
Bundy, Maislein Lumber Company 
Bunker Bancroft Co. 
Bunker Hill Breweries Incorporated 
Burbank & Ryder Varnish Company 
Burbank Engraving Co. 
Burdett Stain & Blacking Company 
Burke Taxi and Cab Company 
Burns System, Incorporated 
Butcher the Grocer, Inc. 
- Byer Upholstering Company 
Byrnes Motor Company, Incorporated 
Byron Chandler, Inc. 
C-A-C Lubricants Company 



Acts, 1920. — Chap. 212. 161 

C. A. Orcutt Co., The ^'s*^'!-^ «-' 

C. B. Cook Laundry Company tions dissolved. 

C. B. Edwards Co., The 

C. C. Blaney Co. 

C. E. George, Incorporated 

C. E. Robinson Company 

C. F. Dahlborg & Sons, Inc. 

C. H. McMillen Co. Inc. 

C. H. Smith Co. (1917) 

C. J. Kelly Co. 

C. S. Russell Company 

C. V. Ryan Company 

C. W. Weeks Company 

Cafe Milano Company 

Cahill Manufacturing Company 

Callahan & Holmes, Incorporated 

Cambria Auto Tire Exchange, Inc. 

Cambridge Brass Company 

Cambridge Color and Chemical Company 

Cambridge Iron Works 

Cambridge Lunch Co. 

Cambridge Obtrude Associates Inc. 

Cambridge Riding School, Inc. 

Cambridge Shoe Manufacturing Company, Inc. 

Cambridge Trucking Company 

Camdorox Realty Company 

Cameo Distributing Co. 

Cameo Manufacturing Company 

Campello Automobile Company 

Campello Lumber Company 

Canton Company 

Cape Ann Therapeuterion (Incorporated) 

Cape Cod Fish Products Company 

Cape Cod Food Conserve Co. 

Capitol Company, The 

Carancho Company, The 

Carlburt Company, Incorporated, The 

Carr Mines Company, The 

Carroll-Lewis Antique Company 

Carter, Carter & Meigs Company 

Carter-Crane Company, Inc., The 

Cary Company, The 

Castle Cigar Co., The 

Castle Furniture Company 



162 Acts, 1920. — Chap. 212. 

nifcifrX" Cattle Fair Hotel 

tions dissolved. Celero Drug Companj^ The 

Cement Specialty Manufacturing Company, The 

Cementum Cloth Company 

Central Pharmacy, Inc. 
/ Central Tobacco Company 

Chambers Investment Company 

Chandler Bog Company 

Chapman & Brooks Co. 

Chapman Crystal Spring Water Company, Inc. 

Charles J. Jacobs Company 

Charles Lerner Company 

Charles Motor Company 

Charles Spring and Forge Company 

Charlesgate Club, Inc. 

Chas. A. Hartwell, Inc. 

Chase Press, Inc., The 

Chavenson & Son Co., Inc. 

Cheshire Pottery Co. 

Chicago Biscuit Company 
■" Chicopee Journal Publishing Corporation 

Child Acme Cutter and Press Company, The 

Choralcelo Company of Massachusetts 

Chung Hua Trading Company, Ltd., The 

Cinderella Producing Company, The 

City Hall Lunch Co. 

Clair Brothers, Incorporated 

Clark & Dupre Mfg. Co. 

Clary-Schervee Company, The 

CUngfast Rubber Heel Company 

Coaster Operating Company 

Cobb Control Manufacturing Company 

Coca Cola Bottling Company of Pittsfield, Mass. 

Cochato Manufacturing Company 

Colgate Service, Inc. 

Colonial Amusement Company of Springfield 

Colonial Company, The 

Colonial Products Company 

Colonial Publishing Company 

Columbia Securities Company 

Commonwealth Realty Company 

Commonwealth Sausage Company 

Commonwealth Tobacco Company 

Commonwealth Toy Corporation 



Acts, 1920. — Chap. 212. 163 

Conant & Golan Company c^^am bus^- 

Conant, Incorporated tions disaoived. 

Concord Company, Inc., The 

Connecticut Valley Screen Company 

Connecticut Valley Screen Co. Sales Corporation 

Consolidated Rubber Company 

Construction Sand & Gravel Corporation. 

Consumers' Ice Company of Gloucester 

Copley Motor Devices Company 

Cosmopolitan Wet Wash Laundry Co. 

Cottage Park Hotel Corporation 

Couch Turbine Mixer Company, Inc. 

Coughlin Manufacturing Company 

Cowen Company 

Crahan Advertising Service, Inc. 

Crolac Process, Inc., The 

Crown Counter Box Toe Company 

Crown Laboratory Co. 

Croxford Auto Rim Tool Company 

Culver Manufacturing Company 

Cunningham & Sons Co. 

Cunningham Supply Co. 

Curtis Marine Turbine Company of the United States 

Cushing Medical Supply Company 

Custom House Tire Co. 

Cut Price Tire Co. 

Cutter, Fletcher & Company Incorporated 

Crystal Amusement Company, The 

D. & C. Producing Company 

D. S. Simpson & Co., Inc. 

Dana Hardware Company 

Daniel E. Coogan Company 

Dartmouth Hotel Company 

David H. Pruyn Co. 

Da\idson Press, The 

Da\ies Engineering Company 

Davis Manufacturing Corporation 

De Lue & Company, Inc. 

Deerfield Pulp Co. 

Des Arts Studios, Incorporated 

Dexter Mfg. & Rubber Company ' • 

Dillard Anthony Candy Company 

Dine Manufacturing Company, The 

Dinsmore Drug Co. 



164 Acts, 1920. — Chap. 212. 

S^Mr^ra'- Doane Automatic Machine Company 

tioDfi dissolved. Dolgeville Housing Association, Inc. 

Dominican Shipping Company 

Donnelly Mfg. Co. 

Dorr & Barnwell, Inc. 

Downing Inc. 

Drummond Supply Company, Inc. 

Du-Flex Sole Company 

Dumas Lumber Company 

Dunbar-Daggett Company, The 

Duplex Truck Company of Boston 

Duquesne Trading Company 

Durland Counter Company 

Dynamo Garage, Incorporated 

E. A. Mitchell Company 

E. & S. Nipple Company 

E. B. Hall Shoe Company 

E. B. McLean Company 

E. C. Quimby, Incorporated 

E. C. Woodman Company of Boston, Inc. 

E. C. Wright Block Company 

E. Chickering Studio, Inc. 

E. F. Peirce Compan;s^ 

E. Hermann Company 

E. J. Caron Amusement Company 

E. M. Corthell Co. 

E. M. Hollidge Company 

E. P. Gage Company 

E. P. Hirst Company 

E. R. Grabow Company (1912) 

E. S. Stacy Machine Co. 

E. T. Barrett Co., The 

E. V. Earle, Incorporated 

Eagles & Rodney Co. 

East Boston IMercantile Marine Co., Inc. 

East Gloucester Ferry Company 

Eastern Consolidated Amusement Company 

Eastern Fishing Company 

Eastern Fruit Syrup Company 

Eastern Furniture Company 

Eastern Luminous Indicator Company 

Eastern Purchasing and Trading Company 

Eastern Purchasing Corporation 

Eastern Registration & Guaranty Company 



Acts, 1920. — Chap. 212. 165 

Eastern Zinc Company Certain busi- 

— , T ji V^ ''^^ corpora- 

Economy Leather Co. tions dissolved. 

Economy Thread Company 

Edson Fire Proofing Company 

Educational Associates, Incorporated, The 

Edward DriscoU Co. 

Edward P. Brock & Company, Incorporated 

Edwdn A. Davis, Inc. 

Efiingham Produce Company, Incorporated 

Egidu Company 

El Placer Company, The 

Elcar Company of New England 

Eliot Consolidated Company 

Elliott Safety Appliance and Train Control Company 

Elmer E, Cole Company 

Embossograph Co., The 

Emerson Company 

Endurance Tire and Rubber Co. 

Eno Welt Shoe Company 

Equity Lunch Company, The 

Era Manufacturing Company 

Esco Mfg. Co. 

Essex Machine Corporation 

Essex Marine Railway Corporation 

Essex Motor Car and Supply Company 

Essex Realty Company 

Everett Bag Wood Company 

Everett Metal Products Company 

Everett Shoe and Leather Company 

F. Archibald Companv 

F. D. Munn & Son, Inc. 

F. E. Coppenrath Company 

F. J. Adams Company 

F. J. Nevins Transfer & Auto Co. 

F. J. Timmons Company 

F. S. Perkins Company 

Fall River Cash Trading Stamp Company 

Fall River Iron and Metal Company 

Family Laundry Company of Maiden 

Farm, Incorporated, The 

Farm Products Company 

Feaster Film Feed Co. 

Federal Color & Chemical Co. 

Federal Construction Corporation 



166 Acts, 1920. — Chap. 212. 

nes^iTrpoTi- Federal Hardware and Electric Co. 

tions dissolved. Federal Packing and P^ese^^•ing Company 

Fellsway Garage Compam- 

Fenway Laundry, Incorporated 

Fiberite Heel & Leather Co. 

Fibre Leather Company 

Fibre Products Manufacturing Co. 

Field Oil Company 

Figaret Chemical Company 

Finard Bros. Inc. 

Fisher Corporation, The 

Fisher, Florist, Incorporated 

Fitchburg Polish Co-operative Company, The 

Fitzgerald Construction Co. 

Flex Sectional Innersole Company, Inc. 

Flynn Garage, Inc. 

Foley's Clothing Store (Incorporated) 

Ford & Allen (Inc.) 

Fore River Co-operative Association 

Foreign Language Record Company Inc., The 

Forest Hills Storage and Warehouse Company, The 

Foundry' Liquidation Company 

Francis E. Perkins, Incorporated 

Franco- American ^lachine Tool Company 

Franco-American National Hall Corporation, The 

Frank B. McGrane Co. Inc. 

Frank E. Wright Leather Company 

Frank L. Brown Inc. 

Frank Tucker Drug Company 

Franklin ]\Iotor Car Co. of Worcester, Mass. 

Franklin Realty Company 

Franklin Wine Company 

Franmor Shoe Company 

Fred C. Henderson, Inc. 

Fred F. Field Holstein Company, The 

Freedman-Stahl Baking Company ^ 

French Booterie Co., The 

Friend St. Wine & Grocery Co. 

Frost Hardware Company 

Fuller Ink Company, Inc. 

G. A. Paul Lumber Company 

G. E. Thomas Company 

G. Ernest von Elten & Co., Inc. 

G-S Machine Tool Co. 



Acts, 1920. — Chap. 212. 167 

Gardner and Sprague, Inc. Certain busi- 

^-,, , rr-M J r>. '^css corpora- 

uardner i heatre Company tions dissolved. 

Garfield Piano Company 
Garnet Abrasive Company 
Gas Safety Appliance Company, The 
Gem Amusement Company 
Gem Manufacturing Company 
General Realty Corporation « 

General Supplies Company 
Geo. E. Dunbar Company 
Geo. F. Emmons Co. 
George F. Hewett Co. 
George H. Snow Company 
George M. Briggs, Incorporated 
George Osgood Co. 
George W. Macauley Company 
Geo. W. Torrey Company 
Gibbons Truck Body Company 
Gibbs Heddle Company 
Gile Aeroplane Engine Company 
Gile Motor Company 
Gile Stationary Engine Company 
Gile Submarine Engine Company 
^ Gile Tractor Engine Company 
Gillette Safety Razor Company of Canada, Limited 
Gillette Safety Razor Ltd. 
Gladstone and Schwartz Inc. 
Glidden Brick Company 
Globe Button Works, Inc. 
Globe Feature Film Corporation, The 
Globe Furniture Company, Inc. 
Globe Gauge and Tool Company 
Gloucester Manufacturing Company, Incorporated 
Glue Specialties Company, The 
Gnecco Brothers, Incorporatetl 
Gold & Croston Co. 
Goldstone Extension Mining Company 
Goldstone Mining Company, The 
Goodell Tool Company 
Goodell's Cut Price Auto Supply Company 
Goodman-Howe Company 
Gordon's Department Store (Inc.) 
Gosnold Transportation Company 
Grandun Film Company 



168 Acts, 1920. — Chap. 212. 



Certain busi- 
ness corpora- 



Granite State Mica Company 
tions di^ived. Graphic Arts Company, The 

Greater Boston Specialty Company 
Greek-American Review Company 
Green Mountain Creamery Company 
Grueby Pottery Company 
Gubitosi Kowal Company 
Guerini Stone Company 
Guy T. Mitchell Company, The 
H. & M. Amusement Co. Inc. 
H. Appleby & Co., Inc. 
H. B. Gordon Company 
H. C. Wood Co. Inc. 
H. D. Smith Company 
H. Frederick Meyer Corporation 
H. I. Gould Company 
H. Kaufman Company, Inc. 
H. Lisker & Co. Inc. 
H. O. & E. H. Harriman, Inc. 
H. S. Mott Company 
H. W. Hakes Manufacturing Company 
H. W. Lakin Company, The 
H. W. Mackiernan Inc. 
' Haigh Aniline Company, The , 

Hamblet and Wren, Inc. 
Hampden Munitions Company 
Hampden Optical Company 
Hancock Press, Inc., The 
Hancock Provision Co. 
Hancock Tailors Inc. 
Handy Welt Shoe Co., (Inc.) 
Hannah Bradford Incorporated 
Harriman Construction Company 
Harrington Marine Co. 
Harris Poorvu Inc. 

Harry McRae Webster Productions Incorporated 
Hart Renting & Power Company 
Hartley Loop Weave Company, The 
Harvard Baby Food Company 
Harvard Illustrated, Inc., The 
Harvard Novelty Company 
Harvard Sand and Gravel Company 
Harvard Watch and Jewelry Shop, Incorporated, The 
Haskell Paper Box Company 



Acts, 1920. — Chap. 212. 169 

Haskell, Sutherland Companv Certain busi- 

' . '^ /iX/-i/i\ ness corpora- 

Hassam raving Company (1906) tions dissolved. 

Haven House Co. 

Hayes & Five Company 

Hebrew Public INIarket, Inc. 

Henderson Dairy Company 

Henry Blewett & Son, Inc. 

Henry S. Dowe Company 

Henry Small Co. 

Henry T. Bulman Corporation 

Higgins-Gardner Company 

Highland Milk Company of Holyoke 

Highland Press, Incorporated, The 

Higrade, Incorporated, The 

Hill & Michie Motor Sales Company 

Hill Machine Works 

Hill-Michie Company, The 

Hillcrest Farm (Inc.) 

Hinckley Manufacturing Company 

Hislop-Kelly Company 

Hoffecker Company, The 

Hoffman Paint & Varnish Co. 

Holden Graves Company 

HoUiston Auto Company 

Holt-Shattuck Company 

Holton-Frue, Incorporated 

Holyoke Baking Company, The 

Holyoke Hotel Company 

Holyoke Motors Company 

Homestead Realty Co. 

Honytone Manufacturing Company 

Hooker-Mossberg Corporation 

Horace K. Turner Company 

Horgan-Scanlan Detective Agency, Inc. 

Hotchkin & Co. Incorporated 

Hotel Devens Company 

Hotel Victoria Operating Co. 

Hough and Jones Company 

Howard Remedy Company 

Hub Advertising Company 

Hub Cornice & Sky Light Company 

Hub Furniture Company 

Hub Pictm-es Corporation 

Hub Rain Coat Company, The 



170 Acts, 1920. — Chap. 212. 



Certain busi 
ness corpora 



Hutchinson Baking Co. 
tions dis'soived. Hydc Park Grocery Co. 

Hyde Park Lithuanian Co-operative Association 

Hyde Wheeler Company 

Hygienic Ice Manufacturing Company 

I. Charak Company 

Ideal Cooking Utensil Company, Inc. 

Ideal Gas Machine Co. 

Ideal Manufacturing Co. 

Ideal Wall Paper & Decorating Co. 

Importers Company, The 

Independent Photoplay Company 

Indian Head Overall Company 

Industrial Chemical Company 

Industrial Service & Equipment Company 

International Amusement Company 

International Instrument Company 

International Land and Title Company 

International Lubricants Company 

International Trade Exchange, Inc. 

International Transportation, Inc. 

Inter-State Boston Co. 

Inter-State Chemical Corporation, The 

International Production Company 

Interstate Rubber Company 

Interstate Transfer Company 

Interstate Transportation Co. 

Irish Creek Tin Mines, Inc. 

Iryco Tanning Co. 

J. C. Haartz Inc. 

J. F. Marks Co. 

J. G. Wilde Coal Co. 

J. H. & G. L. Atwood, Incorporated 

J. H. Bellamy Co. 

J. H. Ferguson Company 

J. J. Shea Co., Inc. 

J. L. Carle Company 

J. R. Whipple Company 

J. V. Spare Dry Goods Co., The 

J. W. Gorman's Amusement Attractions, Inc. 

J. W. Manufacturing Company 

J. Wolfe Finkel Company, Incorporated 

Jackson Motor Car Company 

Jalisco Mining Co. 



Acts, 1920. — Chap. 212. 171 

Jamaica Plain Apartment Trust Inc. Certain busi- 

■t^ ness corpora- 

James Company, The tio°s dissolved. 

James Crotty Shoe Company 

James E. Brickett, Inc. 

James I. Brooks & Company, Incorporated 

James O. Safford & Company Incorporated 

James S. White Company, Inc. 

James T. Corcoran Company 

Jameson's x4pparel Shops, Inc. 

Jennings Leather Company, Inc. 

John A. Ricker Company 

John Breen, Undertaker, Incorporated 

John C. Kiley Incorporated 

John Cashman and Sons Co. 

John Chmiell Company 

John D. Kiely Company 

John E. Leahy Construction Co. Inc. 

John Evans Company 

John F. Milner Company, The 

John J. Powers Company 

John Lawler's Sons Incorporated 

John P. Cavanagh Company 

John R. Feeley, Inc. 

John Schmid Construction Co. Inc. 

Johnson & Streeter Inc. 

Johnson-Port Co. 

Johnson Vapor Heating Company 

Johnson's Real Estate Agency, Inc. 

Joseph Levitt Co., Inc. 

Jos. M. Wade PubUshing Co., The 

Josiah Webb & Company, Limited 

Junction Market Inc. 

K. L. MacLean Company 

Kasino Company 

Keene Skirt Company 

Keith Hotel Co. Inc. 

Kemworth Company, The 

Kendall Manufacturing Company 

Kentucky Food & Grain Co. 

Kero-Karburetor Company 

Keystone Stoker Company 

Kilgour Boiler Setting Company 

Kim Distributing Co. 

King Granite Machine Company 



172 Acts, 1920. — Chap. 212. 



Certain busi- 
ness coipora' 



King Philip Operating Company 
tions diisoived. Kingsburv-Bendslev Company 

Knights & Co. Inc. 
Knitted Padding Company (1880) 
Knojah Shock Absorber Company 
Krantzman's Market, Inc. 
KroU Manufacturing Co. 
Kunz-Wheeler-IVIoffat Company 
Kyle Mining Company, The 
L. B. Bigelow Co. 
L. C. Thayer Company 
L. Carreau & Son, Incorporated 
L. E. Parsons Co. Inc. 
L. M. Cotton Inc. 
L. Mitchell Company 
L. P. C. Laboratories, Inc. 
Lake ^^Tiittier Land Co. 
Lang Music Publishing Co. 
Lauferty Sales Corporation 
La\an-Rich-Poorvu Leather Co. Inc. 
Lawncrest Inn Company 
LawTcnce Amusement Company, The 
Lawrence & Kendall, Inc. 

Lawrence Spaghetti Manufacturing Corporation 
Lawyers Title & Mortgage Guaranty Company 
Legal Premium Company 
Lehnert Textile Machinery^ Company 
Leominster Co-operative Association, Inc. 
Leominster Drug Company 
Leominster Novelty Co. 
Leominster Paper Box Company 
Levensons Inc. 

Lever Transportation Company 
Lewis J. Hewitt Company 

Lewis J. Selznick Productions Inc. of New England 
Lewis, Vaughan Manufacturing Co., The 
Libby Manufacturing Company 
Liberty Burner Company, Inc. 
Liberty Coal Co. 
Liberty Construction Company 
Liberty Crankshaft Company 
Liberty Jewelry and Diamond Shop, Inc. 
Liberty Oil Company 
Liberty Products Company 



Acts, 1920. — Chap. 212. 173 

Liberty Thread Company Certain busi- 

io-r.1 /^ T 1 ''^^ corpora- 

Lmcoln & r arker Company Incorporated tions dissolved. 

Lincoln & Parker Film Company 

Lincoln Garment Manufacturing Company, Inc. 

Lincoln Trading Company 

Lithuanian Co-operati\'e Association of Easthampton 

Lithuanian, Polish and Russian Co-operative Association, 
Waltham, Mass., Incorporated 

Lithuanian Socialist Co-operative, Inc. 

Lithuanian Workers' Corporation 

Little Eliminating Company 

Lloyd D. Holton Company 

Lorenz Company, The 

Loud's Express Inc. 

Lowe Brothers Company 

Lowell Burlap Manufacturing Company 

Lowell Market Gardeners' and Fruit Growers' Associa- 
tion, Incorporated, The 

Lowell Street Garage, Incorporated 

Luminous Manufacturing Company, Inc., The 

Lux Bros, and Thompson Manufactm-ing Company 

Luxus Company, The 

Lynn Evening News Company 

Lynn Leather Company 

Lynn Storage Batter\- Co. Inc. 

Lyons Manufacturing Company, The 

M & G Aircraft Company 

M. F. Smith Heating Company 

M. G. Saul, Incorporated 

M. J. Crowlev Company 

M. J. McCabe Co. 

M. L. Yunes Company 

M. Paul Bean Corporation 

Macalaster, Wiggin Company 

MacDonald Brothers Company 

Machinerj^ & Metals Sales Company 

MacGregor-Carter Company 

MacNeil Jewelry Company 

MacRitchie, the Parts Man, Inc. 

Magee Furnace Company (1868) 

Magee Furnace Company Inc. (1915) 

Magnano Company, Incorporated, The 

Magneto and Generator Exchange of New England, Inc. 

Maine Coast Marine Co. 



174 Acts, 1920. — Chap. 212. 



Certain busi- 
ness corpora- 



Maintien Bros. Company 
tions dissolved. Maiden Bagging Company, The 

Maiden Box Company, Inc. 

Malone Brothers, Inc. 

Manchester Cast Stone Products Company 

Manee Novelty & Metal Company 

Maple Twin Packing Co., Inc. 

Marathon Pharmacy Incorporated, The 

Marcille Theatrical Enterprises, The 

Marin Furniture Company 

Marlborough iSIetal Work Co. 

Marshfield Laundry, Inc., The 

Massachusetts Adjustment Bureau of the Credit Asso- 
ciation Inc. 

Massachusetts Businessmen's Bureau, Inc. 

Massachusetts Cone Company 

Massachusetts Confectionery Company 

Massachusetts Construction Company 

Massachusetts Copper Casting Company 

Massachusetts Merchant's Protecti^'e Association Inc. 

Massachusetts Mills In Georgia 

Massachusetts-Oklahoma Oil Company 

Mass. Property & Business-Men's Protecti\e Associa- 
tion Inc. 

Mass. Shoe Mfg. Co. 

Massachusetts Sprinkler and Equipment Company 

Massachusetts Tire and Rubber Company 

Massachusetts Woolen Company 

Matthews Company, Incorporated 

Maurice Yozell Corporation 

Max Zang & Co., Inc. 

Maynard Oil-Gas Burner Company 

McCabe Manufacturing Company 

McNaull Tire Company of New England 

McNeil Manufacturing Company 

McPhail Player Manufacturing Company 

Meisel Lithograph Company 

Mercantile Vehicles Corporation y 

Merrimac Hat Company 

Messer Manufacturing Company, The 

Metropolitan Realty Associates, Inc. 

Mevis Advertising Company, The 

Michaelense Publishing Company 

Middlesex Amusement Company 



Acts, 1920. — Chap. 212. 175 

Middlesex Biscuit Co. Certain busi- 

Middlesex County Creamery Company Inc. tions dissolved. 

Midland Chief Mines Company 

Milford Consolidated Company, The 

Mill River Motor Co. 

Miller and Goldberg Company 

Minnesota Flour, Mill and Grain Company 

Mitchell the Stationer, Incorporated 

Mobec Metals Company 

Modern Advertising Company, The 

Modern Embroidery Co. 

Modern Farm Equipment Company 

Modern Garage & Auto Supply Co. 

MoHair Laboratories, Inc. 

Moistite Manufacturing Company, The 

Monte Amusement Company 

Moore-Blades, Inc. 

Moore Mfg. Co., Inc. 

Morgan's Selling Serxice, Inc. 

Morrill Lumber Company 

Morton Brothers Company 

Mosaic Rug Company 

Motor Truck and Tire Sales Company 

Movable Window Display Company 

Mullen Leather Co. 

Murphy Coal and Wood Company 

Murphy Construction Co. 

Murray & Tregurtha Company 

Mutual, Inc., The 

Mutual Medical Association, Inc. 

Mystic Mica Company 

Mystic Valley Garage, Inc. 

Mystic Wire & Brass Works, Inc. 

Nadell Clothes Shops of New England, Inc. 

Nantasket Amusement Company 

Narragansett Ice Manufacturing Company 

Nathan D. Dodge Realty Company 

National Construction Company 

National Elevator Guide Rail Lubricator Company 

National Interstate Transportation Company 

National Premium Advertising Company 

National Shooting Galleries Company 

Nauifts Co. 

Neponset Wet Wash Laundry, Inc. 



176 Acts, 1920. — Chap. 212. 

^S^rSS-" New Bedford Independent Athletic Association, Inc. 

tioue disaoived. j^cw England Auto. & Tire Ex., Inc. 

New England Biographical Societj% Inc., The 

New England Bureau of Tests, Incorporated 

New England Club Hotel Association, Inc. 

New England Cooperative Society 

New England Cotton Tie Company, The 

New England Dri Kure Sales Company 

New England Farm and Cattle Company, The 

New England Feed and Fuel Company ^ 

New England Herring Importing Company 

New England Iron & INIetal Corporation 

New England Lumber & Construction Co., The 

New England Magazine Company 

New England Mechano-Chemical Laboratories, Inc. 

New England Motion Picture Company Inc. 

New England Oil Company 

New England States Fireproofing Company 

New England Tire Fabric Co. 

New England Toy Co. 

New England Upholstering Co., Inc. 

New England Valuation Company 

New England Vending Co. 

New England Vitanola Talking Machine Company 

New England Woolen and Bag Co. Inc. 

New Hampshire Pork Products Company 

New York Herring Market Co. 

Newark Lunch Company, The 

Newbury Specialty Company 

Nichols Shoe Company 

Nielsen Brothers Company, Inc. 

No-Scent Manufacturing Company 

No Slip Pulley Plating Company 

Nonantum Dyers, Inc. 

Norcross Brownstone Company 

Norfolk Development Company 

Norfolk Shoe Shop, Inc. 

North American Fruit Co., The 

North Andover Co-operative Society, The 

North End Baking Company 

North Main Garage Company 

North Shore /imusement Company 

North Star Printing Company 

North St. Beef Co., Ltd. 



Acts, 1920. — Chap. 212. 177 

Northeastern Importing and Exporting Company Certain busi- 

■» T , I T, /-I ness corpora- 

JNortnern rJrass Company tiona dissolved. 

Northern Specialtj^ Company 

Novelty Skirt Company 

Oksas Express Co. 

Old Colony Bowling Company, Inc. 

Old Colony Broken Stone and Concrete Company 

Old Colony Coal Company 

Old Colony Construction Company 

Old Colony Cotton Company 

Old Colony Gem Co. 

Old Colony Transportation Company, Inc. 

Old Corner Drug Store, Inc. 

Oldham & Ranahan Company 

Oliver Films Inc. of New England 

Omido Chemical Company 

Optical Lens Company 

Oregon Galena Mines Company 

Overland Chemical Company 

Owen Goldsmith & Company, Incorporated 

Owen Magnetic Car Company of Boston 

Oxford Realty Company 

P. F. Shea Company 

P. J. Gaffney and Company, Inc. 

P. J. Reid Corp. 

Pabulum Company, The 

Pacific Carbon Products Company 

Pacific Products Corporation 

Package Machinery Company. (1913) 

Packwood-Northwood Glass Co. 

Panco Dental Company 

Panco Mfg. Co. 

Paragon Pictures, Inc. 

Parcel Transfer Company 

Paresky & Co., Inc. 

Paris Style Button Company 

Park Avenue Garage, Incorporated 

Parke Davis Sales Company Incorporated, The 

Parker- Wood Manufacturing Company 

Parks-Osgood Company 

Patterson Auto Company 

Peabody Tanning Company, The 

Peerless Products Company 

Peerless Shoe Company, The 



178 Acts, 1920. — Chap. 212. 

nSstri^r. Pembroke Inn, Inc.^ 

tions dissolved. Pennsylvania Gasoline Company 

People's Cloak & Suit Co. 

Peoples Hog Farms, Inc. 

Peoples Silver Fox and Fm* Company, The 

Pequot Shirt Company 

Perrine & Cathcart, Inc. 

Pet Stock and Seed Store of New England, Incorpo- 
rated 

Petroleum Corporation of Massachusetts 

Picardie Woven Fabrics Company 

Pigeon Cove Co-operative Association, The 

Pine Street Garage Inc. 

Pingree Company of Lawrence 

Pitt Real Estate Repairing Co. 

Pittsfield Publishing Company 

Plunger Elevator Company 

Plymouth Consolidated Cranberry Company 

Plymouth Public Market, Inc. 

Plympton Garage Incorporated 

Plympton Manufacturing Company 

Poledo Coat Company, Inc., The 

Portland Drug Co. 

Postoff-Belsky Co. 

Potter-Malcolm Co., The 

Powdrell Manufacturing Company 

Practical Politics, Inc. 

Premier Carbonating Company 

Premier Lunch Company 

Pressed Aluminum Company 

Presto Manufacturing Company 

Prismatic Auto Light Company 

Prospect Park Company, The 

Protectocash Register Company 

Providence Churning Company 

Providence Ice Cream Company 

Prudential Cloak and Suit Company 

Public Ser\dce Auto Bus Co. 

Putnam & Winton Company, The 

Pyro-Febrin Company, The 

Pyro-Pin Manufacturing Company, The 

Quaker City Varnish Co. Inc. 

Quality Sausage Company 

Queen Mills Incorporated 



Acts, 1920. — Chap. 212. 179 

Quick Lock Demountable Rim Company Certain busi- 

Quincy Manufacturing Co., The tions'diS^i^ed. 

Quirk Automatic Manufacturing Company 

R. A. Corroon & Company, Inc. 

R. A. Fash Ice Cream Company 

R. B. Currier Company 

R. Bardenheuer Co. 

R. C. Richardson Company 

R. E. Kerwin Co. 

R. F. Hudson Company 

R. V. Almstrom Company 

Rabbi Isaac Elchonon Aid Association 

Radding & Company, Inc. 

Rambler Motor Car Co., Inc. 

Randolph Mutual Association 

Rawson Products Company 

Read Brothers Company 

Reading-Boston Express Company 

Record Newspaper Company 

Reducing Machine Company, The 

Renton Motor Car Company 

Republic Manufacturing Company, The 

Retail Grocers Bread Company 

Revere Varnish Company 

Rhode Island Worsted Yarn Company 

Richford Consolidated Company 

Richmond Farmers' Cooperative Exchange 

Rider & Finnigan, Inc. 

Rider-Bagg Company, The 

River Manufacturing Company 

Robbins Shoe Company 

Roberts-Lamb Company, The 

Roblin-Schiller Company 

Robust Motor Company, The 

Rosary Floral Co. 

Roslindale Hardware Company 

Ross and Lee Company 

Rothbard-Blake Shoe Company 

Rounds Electric Company 

Rovulco Inc., The 

Roxbury Furnace & Heating Company 

Royale Drug Company, The 

Rubber Research Corporation 

Ruby and Columbia Investment Company 



180 Acts, 1920. — Chap. 212. 



Certain busi 
ness corpora- 



Ruby Mica Company 

tions di^olved. RufuS Coffin & Co., IllC. 

Ruggles Chair Company, The 

Rush Motor Sales Co. 

Russian Cooperative Association of U. S. 

S and C. Shoe Company 

S and F Protection Auto Light Company, The 

S. G. Parker Company 

S. G. ShaghaHan & Co., Inc. 

S. S. Shepard Drj- Battery Co., The 

S. Sulkin Manufacturing Company, The 

Safety Gas Lighter Co. 

St. James Amusement Company, The 

Sales Corporation General 

Sam C. Smith Company 

Samuel C. Hathaway Company 

Sanders & Wason Co. 

Sandler Shoe Company 

Sandy Bay Fish Co., Inc. 

Sanigenic Products Company 

Sanispoon Company, The 

Sanitary Paper Cup Company 

Savoy, Berlin, Savoy, Inc. 

Saxwood Mfg. Co. 

Selfeedo Brush Company 

Serial Producing Company 

Service Garage, Inc., The 

Shapiro Bros. Company 

Sha\dt-Marks Company 

ShawTne Press, Inc. 

Shawmut Optical Company 

Sheedy and Kollins, inc. 

Shelloid Company, The 

Sheppard Remedy Company 

Sherman Film Releasing Co. 

Sherman Welton Company 

Shortstop Publishing Company, The 

Shuman Fur Co., The 

Signal Motor Truck Co. of New England 

Silver Auto Parts Company 

Simplex Self Hoisting Machine Company 

Sippewissett Club Inc., The 

Skating Rinks, Inc. 

Smith-Croscup Leather Co. 



Acts, 1920. — Chap. 212. 181 

Smith Foundry and Manufacturing Company n^*^^ ^*l^r 

Smithmade Suspender Company tiona dissolved. 

Sobieski Co-operative Association, The 

Society Films, Incorporated 

Somerset Company, Inc. 

Somer\Tlle Cottage Hospital Inc., The 

Somer\dlle Olympia Company 

Soule Art Publishing Company 

South American Importing Company 

South American Mercantile Company, Inc. 

South Boston Investment Association, Inc. 

South Lincoln Dairy Company 

South Village Investment Company 

Southern Cross Trading Company 

Southern Minerals Corporation 

Southern Production Co. 

Spar-Ught Company 

Special Tool Company 

Speedometer Parts Company, The 

Spencer Board of Trade Corporation 

Spencer Screw Corporation, The (1917) 

Spencer Specialties Company 

Sprague, Nugent Company 

Spring Farm Poultry Company 

Springfield Automotive Dealers' Association, Inc. 

Springfield Products Corporation 

Springfield Roofing and Plumbing Company 

Standard Commercial Body Company 

Standard Dress Co. 

Standard Harness and Saddlery Company 

Standard Lighting and Heating Company, Incorporated 

Standard Machiner>^ Co. 

Standard Paper Tube Works 

Standard Products Company 

Stanwood Manufacturing Co. 

Star Island Steamboat Co. 

Star Laundrj^ Company of Methuen 

Stationery Liquidation Company 

Steere-Meder Pro\asion Company 

Sterling Auto. Supply, Incorporated 

Sterhng Oil and Refining Company 

Sterling Realty Co. Inc. 

Sterling Sales Company 

Sterne Bros. Co. 



182 Acts, 1920. — Chap. 212. 



Certain busi- 
ness corpora- 



Stevens-Crosby Company 
tions dissolved. Stockbridge Body Company, The 

Stone-Peter & Co. Inc. 
Stone Wire Goods Company 
Storage Battery Ser\ace Company 
Stoughton and Randolph Transportation Company 
Stratton Press, Inc., The 
Strong-Bradj^ Company Incorporated 
Student Waist Co., The 
Success Farms Incorporated 
Suffolk Cone Company, Inc. 
Suffolk Decorating Company 
Suffolk Improvement Company Inc. 
Sumatra Coffee Company 
Superintendent and Foreman Company, The 
Superior Toggle Company, Inc. 
Surpass Shoe Company 
Swampscott Standard Garage Inc. 
Sydney H. Lippa Company, Incorporated 
Sylph Costume Company, The 
T. A. Cromwell & Son Company 
T. J. Broderick Company 
T. J. Flynn Metal Works Inc., The 
Tanlac Sales Company of Massachusetts, Inc., The 
Taunton and Pawtucket Street Railway Company 
Taunton Hebrew Loan Association, Inc., The 
Temple Place Loan Co. 
Ter Bush and Powell, Inc. 
Thayer, Kohn & Beyer Company 
Thomas Box Company, Inc. 
Thomas F. Duffy Company 
Thomas J. Shea Company 
Thompson Construction Company 
Thor ]\Iotorcycle Company 
Tokio-American Trading Company 
Toomey and Demara Operating Company, The 
Torreys & Company, Incorporated 
Totem Manufacturing Company 
Toy Town INIanufacturing Co. 
Toy Town Sport Garments Inc. 
Tractors Sales Company, Inc. 
Tremblaj^-Hathaway Inc. 
Tremont Costume Company 
Trinity Real Estate Co. (Inc.) 



Acts, 1920. — Chap. 212. 183 

Triton Phonograph Company of Boston, The Certain busi- 

Truckmen's Transportation Exchange, Inc. tions dissolved. 

Trussell Hay Harvesting Machinery Company 

Tube-Brush Co. 

Twin-Rim Company 

U. S. Turbine Mfg. Co. 

Undertakers Supply Corporation 

Underwood-Philbrick Motor Car Company 

Uni-Form Company, The 

Uniform Flour Mills Co. 

Union Ice Company 

Union Laundry Company of Boston 

Union Plumbing and Heating Supply Company 

Union Security Corporation 

Union Shoe and Leather Co. 

Union Truck Company, of New England, Inc. 

Unique Dress Company 

United Detective and EflSciency Service, Inc. 

United Hardware Company 

United Label & Tag Co. 

United Protective Association, Inc. 

United Shoe Repairing Corporation 

United Shows Co. 

United States Potato Company 

United States Transfer Advertising Company 

United Swedish Societies Building Association of Cam- 
bridge, Inc. 

United Wholesale Company 

Universal Interstate Express Company 

Universal Remedy Company 

Universal Rotary Refrigerating Company 

Universal Snap-Fastener Co. ' 

Universal Telephone and Telegraph Company of Massa- 
chusetts 

Universal Trolley Wheel Company, The 

University Realty Company 

Utica Treeing Machine Company 

Utilities Manufacturing Company 

Uxbridge and Whitinsville Transcript Publishing Com- 
pany 

Valpey Land Company 

Vermont Hydro-Electric Corporation 

Vershire Company, The 

Vibrotone Wire Mfg. Co. 



184 Acts, 1920. — Chap. 212. 

^t°rS Victor Shoe Machinerv^ Co. (1911) 

tions dissolved. Victory Candy Company 

Victory Lunch Company (Jan. 20, 1919) 

Victory Manufactm'ing Company 

Vigor Remedies Co. 

Vineyard Haven Gas and Electric Light Co., The 

Vroom Brothers Company 

Vulcan Leather Fibre Co. 

W. & E. W. LaCroLx, Inc. 

W. E. Connors Shoe Company 

W. H. EUison Hardware Co. 

W. H. Graham Company of Boston 

W. H. Graham Company of Springfield 

W. H. Graham Company of Worcester 

W. P. Whittemore Company 

W. R. Marshall & Co., Inc. 

W. S. Kilton Company 

Wade Machine Company, The 

Wadleigh Company 

Wahneta Lunch Co. 

W^aldo Brothers Incorporated 

Walk Hill Garage Company 

Walker, Johnson Motor Company 

Walker Military Ring Company 

W' alker Truck Company 

Walker's South Boston Express, Incorporated 

Walter Webb, Inc. 

Waltham Theatres Incorporated 

Walworth Construction and Supply Company 

Ward Insurance Agency, Inc. 

Ware Park Realty Co. 

Warren & Gerrish, Incorporated 

Warren L. Carpenter Company, The 

W'arren Market Inc. 

Warren Mills & Power Company, The 

W^aterproof Paint Co., The 

Watertown Garage, Inc. 

Wear Wrench Company 

Weather-all Converting Company 

Webster Bakery Corporation 

Weiss-O'Connor Shoe Co. 

Wellington Cafe, Incorporated 

Wellington Hill Garage, Inc. 

Wentworth of Mattapan, Inc. 



Acts, 1920. — Chap. 212. 185 

West End Hardware and Plumbing Supply Co., The SX™-' 

West Lynn Lithuanian Co-operative Market, Inc. t'^"^ diasoived. 

West Newton Hardware Co. Inc. 

West Medford Automobile Company 

West Stockbridge Mutual Telephone Company 

Western Massachusetts L-o-n-g-f-o-r-d Auto Parts 

Company, The 
White Eagle Brewing Company 
White-Merrill Company 
White Oil Soap Company 

White Star Confectionery Company ' 

Whiton and Haynes Company 
Whittemore Corporation, The 
Wikstrom Mechanical Specialty Company 
Wilder Ice Company, The 
William C. Coveney Company 
William E. Turple Company 
Wm. H. Pierce Bureau of Investigation Inc., The 
William J. Meek Inc. 
William N. Hamel & Co., Inc. 
Wilson's Window Wonders, Incorporated 
Winchester Tool Company 
Windsor Mountain Camps, Incorporated 
Winer's Specialty Shop, Inc. 
Winter Auto Repair Co., The 
Woburn Cement Block Company 
Woburn Development Company 
Woburn Lyceum Hall Association 
Woman's Achievement Publishing Company, The 
Wood River Mines Inc. 
Woods Steel & Process Corporation 
Worcester Coal Co. Incorporated 
Worcester County Farmers Cooperative Exchange 
Worcester Flexible Tubing Company, The 
Worcester Motor Car Company 
Worcester Pants Co., Inc. 
Worcester Raincoat Company 
World Electric Machinery Company, Inc. 
World's Products Company Inc. 
Wrendot Mfg. Co. 
X-Ray & Electrode Company 
Yale Plating & Mfg. Company 
Yarmouth Fisheries Company 
Yerxa Market, Inc. 



186 



Acts, 1920. — Chap. 213. 



Certain busi- 
ness corpora- 
tions dissolved. 



Zenith Lamp Company 
Zoccola Company, Inc., The 
Zunner Machines Company 



Certain chari- 
table and other 
corporations 
dissolved. 



Charitable and Other Corporations. 

Bet Hamedrash Agidas Israel, The 
Brockton War Chest Association 
Co-operative League, The, (1906) 



Pending suits 
not affected, 
etc. 



Proceedings in 
suits upon 
choses in 
action, how 
brought, etc. 



Section 2. Nothing in this act shall be construed to 
affect any suit now pending by or against any corporation 
mentioned herein, or any suit now pending or hereafter 
brought for any liability now' existing against the stock- 
holders or officers of any such corporation, or to re\dve any 
charter previously annulled or any corporation previously 
dissolved, or to make valid any defective organization of any 
of the supposed corporations mentioned herein. 

Section 3. Suits upon choses in actions arising out of 
contracts sold or assigned by any corporation dissolved by 
this act may be brought or prosecuted in the name of the 
purchaser or assignee. The fact of sale or assigimient and 
of purchase by the plaintiff shall be set forth in the writ or 
other process; and the defendant may avail himself of any 
matter of defense of which he might have availed himself in 
a suit upon the claim by the corporation, had it not been 
dissolved by this act. Approved March 29, 1920. 



Chap. 213 An Act to authorize the appointment of officers for 
attendance upon the supreme judicial, superior, pro- 
bate AND LAND COURTS FOR THE COUNTY OF WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. The sheriff of the county of Worcester may 
appoint, subject to the approval of the justices of the superior 
court, officers for attendance on the sessions of the supreme 
judicial, superior and land courts and the court of probate 
and insoh'ency for the county of Worcester. 

Section 2. Officers appointed under section one may 
serve all orders and processes of any of said courts or of the 
district attorney, may summon witnesses, and may serve 
venires for jurors throughout the county, and for such pur- 
poses shall have the same authority as constables in the 
several cities and towns. 



Sheriff oi 
Worcester 
county may 
appoint certain 
court oflBcers. 



Powers, etc. 



Acts, 1920. — Chap. 214. 187 

Section 3. Said officers shall annually receive from the Salaries, 
county of Worcester in full for all services performed by ™' ^^°''' 
them such salaries as the justices of the superior court may 
fix, and ten cents a mile for travel out and home once a week 
during attendance at court when the distance exceeds five 
miles one way; and they shall also receive from the county 
their actual expenses necessarily incurred in discharging 
their official duties aforesaid. The county shall also pay 
the premium on their official bonds. 

Section 4. The sheriff for said county may designate chief court 
one of the court officers appointed hereunder to act as chief e^^^^' *^"*'®^' 
court officer for attendance upon the supreme judicial and 
superior courts for said county. Such officer, in addition to 
his regular duties as court officer, acting under the orders of 
the sheriff, or in case of his absence or disability, shall super- 
vise, direct and assign the officers of said courts. 

Section 5. The provisions of sections seventy-four, Certain pro- 
seventy-seven and seventy-eight of chapter one hundred and to^appV. 
sixty-five of the Re^'ised Laws, and chapters one hundred 
and thirty-four and seven hundred and twenty-two of the 
acts of nineteen hundred and twelve, and all acts in addition 
thereto or in amendment thereof, shall apply to the officers 
appointed hereunder. 

Section 6. This act shall take effect upon its passage. 

Approved March 30, 1920. 



An Act to authorize the town of cohasset to pay an Chap. 214: 
annuity to henry e. brennock. 

Be it enacted, etc., as follows: 

Section 1. The town of Cohasset may pay an annuity, Town of 
not exceeding tliree hundred dollars, to Henry E. Brennock, pay aTanniSty 
so long as he lives, the said Henry E. Brennock ha\'ing de- Bre^n^k.^' 
voted more than forty years of his life to the ser\'ice of the« 
town in various official capacities. 

Section 2. The act of the town of Cohasset at its annual ^f^towS ^*'°° 
meeting on the eighth day of March in the current year confirmed. 
whereby it voted to pay to Henry E. Brennock an annuity 
of three hundred dollars is hereby confirmed and made valid 
to the same extent as if the vote had been passed under the 
pro\isions of this act. 

Section 3. This act shall take effect upon its passage. 

Approved March 30, 1920. 



188 



Acts, 1920. — Chaps. 215, 216, 217. 



Town of 
Marblehead 
may pension 
Lucretia S. 
Ireson. 

Certain action 
of town 
validated. 



Chap. 215 An Act to authorize the town of marblehead to pay 
A pension to lucretia s. ireson. 

Be it enacted, etc., as follows: 

Section 1. The town of Marblehead may pay an annual 
pension, not exceeding five hundred dollars, to Lucretia S. 
Ireson, formerly a teacher in the public schools of that town. 

Section 2. The action of the town of Marblehead at its 
annual town meeting on February tenth, nineteen hundred 
and twenty, in appropriating the sum of four hundred dollars 
as a pension to Lucretia S. Ireson is hereby declared to be 
valid to the same extent as if it had been passed under the 
provisions of this act. 

Section 3. This act shall take effect upon its passage. 

Approved March 30, 1920. 

Chap.21Q An Act authorizing the suspension of intelligence 

OFFICE licenses. 

Be it enacted, etc., as follows: 

Chapter one hundred and two of the Revised Laws is 
hereby amended by striking out section twenty-eight and 
substituting the following: — Section 28. Licensing author- 
ities may suspend or revoke the license of any keeper of an 
intelligence office w^ho \'iolates any provision of the three 
preceding sections, and in addition thereto he shall be 
punished by a fine of not less than twenty-five nor more 
than fifty dollars for each offense. 

Approved March 30, 1920. 

Chap. 217 An Act to permit fraternal benefit societies to 

FORM and operate A HIGHER RATE CLASS OF MEMBERS. 

Be it enacted, etc., as folloics: 

Section twenty-two of chapter six hundred and twenty- 
eight of the acts of nineteen hundred and eleven, as amended 
by section three of chapter six hundred and seventeen of the 
acts of nineteen hundred and thirteen, is hereby further 
Fraternal bene- amended by adding at the end thereof the foUowdng: — In 
may fLf^and rcrating its members or for the purpose of placing itself on 
a sounder financial basis, such domestic society and such 
foreign society now admitted to this commonwealth, if it be 
not in conflict with the laws of its domicile, may, if " legally 
solvent" as defined in this section, establish by its constitu- 



R. L. 102, § 28, 
amended. 

Intelligence 
office licenses 
may be sus- 
pended or re- 
voked, etc. 



1911, 628, § 22, 
etc., amended. 



operate a 
higher rate 
class of 
members. 



Acts, 1920. — Chap. 218. 189 

tion and laws a separate class of members who shall make 
mortuary contributions on the basis prescribed in clause d of 
section twelve, as amended by chapter one hundred and 
five of the General Acts of nineteen hundred and eighteen, to 
which class all new members who from time to time join the 
society shall be assigned, unless such new member or mem- 
bers shall othermse elect, and all present members may at 
their option be transferred at the prescribed rates for such 
class. The mortuary contributions of such class shall be Mortuary 
placed in a separate account and used only for the benefit S.w used!°°^' 
of the members of that class or of their beneficiaries. In 
case of a society which has established such higher rate class 
whose contributions are held and used as herein set forth 
the "additional contributions" or "extra rates" specified 
in this section shall be required only of the members of the 
class or classes respectively where the deficiency in contribu- 
tions is apparent, and each class shall provide for its own 
deficiency. Any class of a domestic society failing so to do 
shall be subject to the receivership provisions set forth in 
section twenty-four. A foreign society which has legally Foreign 
established such a class in its home state and whose consti- ^*"^ '^' 
tution or by-laws require the segregation and use of the 
mortuary contributions of its members as herein set forth 
may be admitted to this commonwealth with respect to 
such class upon compliance with the laws of this common- 
wealth not in conflict with this provision. 

Approved March 30, 1920. 

An Act relative to the care of graves of soldiers Qfiav 218 

AND sailors by CITIES AND TOWNS. 

Be it enacted, etc., as folloivs: 

Chapter one hundred and twenty-two of the acts of nine- i9i4, 122, § 1, 
teen hundred and fourteen is hereby amended by striking ^™®°'^«^- 
out section one and substituting the following: — Section 1. otloidielTInd 
In every city and town there shall annually be appointed by ^^j^^^nd 
the mayor of the city or by the selectmen of the town a towns. 
citizen of the city or town, preferably a person who has 
served in the army, navy or marine corps of the United 
States in time of war or insurrection and who has been 
honorably discharged from such service or released from 
active duty therein, whose duty it shall be to see that every 
cemetery lot where there is a grave of any person who has 
so served is suitably kept and cared for. If the cost of such 



190 



Acts, 1920. — Chap. 219. 



Money ap- 
propriated, 
how expended, 
etc. 



care and maintenance is not paid by private persons, or by 
the trustees of the cemetery where any such grave is situated, 
it shall be paid by the city or town; and cities and towns 
are hereby authorized to appropriate money for this purpose. 
Money so appropriated may be expended directly by the 
city or town or may be paid over to the trustees or manager 
of any cemetery in which any such grave is situated; but 
the sum so paid over in any year shall not exceed for each 
grave the sum charged for the annual care and maintenance 
of like lots in the same cemetery, or, if no such charge is 
made in that cemetery, then it shall not exceed the sum 
charged in other cemeteries in the same city or town for the 
said service. Approved March 30, 1920. 



R. L. 19, § 25, 
etc., amended. 



C/iap. 2 19 An Act relative to the civil service standing of 

PERSONS WHO ENTER THE MILITARY OR NAVAL SERVICE 
OF THE UNITED STATES IN TIME OF WAR. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-five of chapter nineteen of 
the Revised Laws, as amended by section one of chapter one 
hundred and sixty of the General Acts of nineteen hundred 
and eighteen and by section one of chapter fourteen of the 
General Acts of nineteen hundred and nineteen, is hereby 
further amended by striking out the words "one year", in 
the seventh line and in the twenty-third line, and substi- 
tuting in each case the words: — two years, — so as to read 
as follows : — Section 25. Any person who resigns from or 
leaves the classified public service of the commonwealth or 
of any city or town therein or who is discharged, suspended 
or granted a leave of absence therefrom, for the purpose of 
serving in the military or naval forces of the United States 
in time of war, and who so serves, shall, if he so requests of 
the appointing authority within two years after his honorable 
discharge from such military or naval ser\ace or release 
from active duty therein, and if also, wdthin the said time, 
he files with the ci\dl service commission the certificate of 
a registered physician that he is not physically disabled or 
incapacitated for the position, be reappointed or reemployed, 
without civil servdce application or examination, in his 
former position, provided that the incumbent thereof, if any, 
is a temporary appointee; or, if his former position has been 
filled by a permanent appointment, he shall be employed in 
a similar position in said department, if a vacancy exists 



Civil service 
standing of 
persons who 
enter military 
or naval 
service of 
United States 
in time of war. 



Proviso. 



Acts, 1920. — Chap. 220. 191 

therein. All appointments hereafter made to fill vacancies certain 
caused by the military or naval ser\'ice of the former incum- appointments 
bent shall be temporary only, and no temporary appoint- |2)rary^(?^iy. 
ment heretofore made to fill any such vacancy shall be made 
permanent during the present war or until the expiration of 
two years thereafter. 

Section 2. Section two of said chapter one hundred and 5^2,^6^° ^^^' 
sixty, as amended by section two of chapter fourteen of the amended. 
General Acts of nineteen hundred and nineteen, is hereby 
further amended by striking out the words "one year", in 
the sixth line, and substituting the words: — two years, — 
so as to read as follows: — Section 2. A person whose name suspension 
is on any eligible list or register of the cixdl ser^'ice commis- [[3°°* ''''^*^'® 
sion at the time of his entering the military or naval service 
of the United States in time of war shall be suspended from 
such eligible list or register; but upon his request, made at Restoration to 
any time within two years after his honorable discharge from 
such service or release from active duty therein, his name 
shall be restored thereto for the remainder of his period of 
eligibility, provided that he files with the civil service com- Proviso, 
mission the certificate of a registered physician that he is 
not physicall^^ disabled or incapacitated for the position. 

Appromd March 30, 1920. 



Chap.220 



An Act to establish in the city of malden a board 
of appeal relative to building construction and 
maintenance. 

Be it enacted, etc., as follows: 

Section 1. There shall be established in the city of ^®^i illative 
Maiden a board to be known as the board of appeal, con- to building 
sisting of five members, three of whom shall be the inspector etc.. estab- 
of buildings, the chief of the fire department and the chair- o'f Maiden.'*^ 
man of the assessors of taxes, ex officiis, and two shall be 
appointed by the mayor subject to confirmation by the 
board of aldermen. 

One of the members appointed by the mayor shall be a Membership, 
practical builder or architect and the other shall be a lawyer. ?e"m 0^*'°"^' 
The term of office of the members so appointed shall be °^°^' *^*'=- 
three years, except that the term of one of said initial ap- 
pointees shall expire on the first day of March, nineteen 
hundred and twenty-two, and the term of office of the other 
initial appointee shall expire on the first day of INIarch, nine- 
teen hundred and twenty-three. The mayor may remove Removals and 

vacancies. 



192 



Acts, 1920. — Chap. 220. 



Compensation. 



Proviso. 



Members to be 
residents of 
Maiden, etc. 



Inspector of 
buildings to be 
chairman. 

Method of 
appeal upon 
refusal of 
building 
permits by 
inspector of 
buildings. 



Powers, 
decisions, etc., 
of board. 



Proviso. 



Appeal upon 
refusal of 
permits, etc.. 



any member by him appointed, with the consent of the 
board of aldermen, and may fill all vacancies. The members 
appointed by the mayor shall each receive as compensation 
for liis services the smn of ten dollars a day for each day of 
actual service: provided, that no member shall receive more 
than two hundred dollars in any one year. 

The members of said board shall be residents of the city 
of Maiden. No member shall act in any case in which he is 
interested, and in case any member is so disqualified or is 
absent from illness or other cause the remaining members 
shall designate a substitute. Every decision of the board 
shall be in writing and shall require the assent of at least 
three members. The inspector of buildings shall be chairman 
of the board, but shall have no vote except in case of a tie. 

Section 2. An applicant for a building permit whose 
application has been refused by the inspector of buildings 
may appeal therefrom "within thirty days to the board of 
appeal. A person who has been ordered by said inspector 
to incur any expense may, within ten days after being 
notified of such order, appeal therefrom by giving notice in 
writing of his appeal to the said inspector. The notice, or a 
certified copy thereof, shall at once be transmitted by the 
inspector to the board of appeal. After notice given to such 
persons as the board shall order, a hearing shall be held, and 
the board shall affirm, annul, or modify said refusal or order. 
The board may dispense with and vary the application or 
enforcement of the building ordinances and regulations of 
said city in cases which do not appear to them to be within 
the intent of said ordinances or regulations, or in cases 
where a literal interpretation thereof would result in mani- 
fest injustice, provided that the dispensing decision shall 
have the approval of at least four members of the board and 
shall not conflict with the spirit of the building laws, or of 
said ordinances or regulations. Such a decision shall specify 
the \'ariations allowed and the reasons therefor, and shall be 
filed in the office of the said inspector within ten days after 
the hearing. A certified copy thereof shall be sent by mail 
or otherwise to the applicant and a copy kept publicly posted 
in the office of said inspector for two weeks thereafter. If 
the order or refusal of the inspector is affirmed, such order 
or refusal shall have full force and" effect. If the order or re- 
fusal is modified or annulled, the said inspector shall issue a 
permit in accordance with such decision. The provisions of 
this section shall also apply to the refusal of a permit or to 



Acts, 1920. — Chaps. 221, 222. 193 

a similar order of the inspector of wires and of the inspector by inspector of 

ft 1 1 • ft • J 'x wires or 

01 phimbmg 01 said Clt}'. • inspector of 

Section 3. Methods of construction or maintenance ^j"^gg^^' 
equivalent to those required by the provisions of said building methods pf 
ordinances or regulations may be allowed with the written etc., may be' 
consent of the inspector of buildings and of the board of ^ ^'"' 
appeal, and the same shall in all cases be specified. A record 
of the required method and of the equivalent method allowed 
shall be kept in the office of the said inspector. It shall be Report to be 
the duty of the board of appeal to submit to the mayor on mayor. ^ 
or before the first day of February in each year a report 
giving a summary of all its decisions, together with such 
recommendations for revision of the building ordinances and 
regulations as may seem to it ad\4sable. 

Any requirement necessary for the strength or stability of ^fet*^'?e'*!ure- 
anv proposed structure or for the safetv of the occupants ""ents to be 

"^ ^ dGtcrmiEiGcl dv 

thereof, not specificall}' covered by said building ordinances inspector of 
or regulations, shall be determined by the inspector of build- ^ *°^^' 
ings, subject to appeal. The board of appeal shall have Further powers 
such further powers and duties, not inconsistent with law, board""'"" 
as the city council may by ordinance from time to time 
prescribe. 

Section 4. This act shall take effect upon its acceptance To be sub- 
by vote of the city council of the said city subject to the pro- ^uncii,*etc!*^ 
visions of its charter, provided that such acceptance occurs Proviso. 
prior to the thirty-first day of December in the current year. 

Approved March 30, 1920. 

An Act to provide for the weekly payment of scrub- Cfiaj) 221 

WOMEN EMPLOYED IN THE STATE HOUSE. 

Be it enacted, etc., as follows: 

The scrubwomen employed in the state house bj' the scrubwomen 
superintendent of buildings shall be paid weekly. st'^t'e°h^ouse° 

Approved March 30, 1920. '^^^x^^^ 



Chap.222 



An Act relative to the right of way at the inter- 
section OF certain ways. 

Be it enacted, etc., as follows: 

Every driver of a motor or other vehicle approaching an Right of way 
intersecting way as defined in section one of chapter five of cwtain^'ways 
hundred and thirty-four of the acts of nineteen hundred and 
nine, shall grant the right of way at the point of intersection 



194 



Acts, 1920. — Chaps. 223, 224. 



Proviso. to vehicles approaching from his right, provided that such 

vehicles are arriving at the point of intersection at approxi- 
mately the same instant; except that whenever traffic offi- 
cers are standing at such intersection they shall have the 
right to regulate traffic thereat. 

Approved March 30, 1920. 

Chap. 22'^ An Act relatr^e to notice and claim for compensa- 
tion UNDER THE WORKMEN'S COMPENSATION ACT. 

Be it enacted, etc., as follows: 

Section 1. Section eighteen of Part II of chapter seven 
hundred and fifty-one of the acts of nineteen hundred and 
eleven is hereby amended b}' adding at the end thereof the 
words: — or if it is found that the insurer was not prejudiced 
by such want of notice, — so that the last sentence of the 
said section will read as follows : — 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, or if it is found that the insurer was not prejudiced 
by such want of notice. 

Section 2. Section twenty-three of Part II of chapter 
seven hundred and fifty-one of the acts of nineteen hundred 
and eleven, it being a new section added to the said chapter 
by section five of chapter dxe hundred and seventy-one of 
the acts of nineteen hundred and twelve, which new section 
was amended by chapter one hundred and nineteen of the 
General Acts of nineteen hundred and eighteen, is hereby 
further amended by adding at the end thereof the words: — 
or if it is found that the insurer was not prejudiced by the 
delay, — so that the last sentence thereof will read as fol- 
lows : — The failure to make a claim within the period pre- 
scribed by section fifteen shall not be a bar to the mainte- 
nance of proceedings under this act if it is found that it was 
occasioned by mistake or other reasonable cause, or if it is 
found that the insurer was not prejudiced by the delay. 

Approved March 30, 1920. 

Chap 224 An Act to authorize the atlas trust company to 
establish an additional branch office in the city 
of springfield. 

Be it enacted, etc., as follows: 

Atlas Trust The Atlas Trust Company is hereby authorized to estab- 

may establish Hsh a braucli officc iu that district of the city of Springfield 

an additional '' tr o 



1911, 751, Part 
11. § 18, 
amended. 



Workmen's 
compensation 
act, want of 
notice not a 
bar to pro- 
ceedings if 
insurer is not 
prejudiced 
thereby, etc. 
1911, 751, Part 
II, § 23, etc., 
amended. 



Failure to 
make claim 
not a bar to 
proceedings if 
insurer was not 
prejudiced 
thereby, etc. 



Acts, 1920. — Chap. 225. 195 

known as Indian Orchard, provided that the said branch fn^svingfefd. 
office is established within six months after the passage of Proviso. 
this act. Approved March 30, 1920. 

An Act making appropriations for the rl\intenance (Jfidj) 225 

OF DEPARTMENTS, BOARDS, COMMISSIONS, INSTITUTIONS 
AND CERTAIN ACTIVITIES OF THE COMMOmVEALTH, FOR 
INTEREST, SINKING FUND AND SERL\L BOND REQUIRE- 
MENTS, AND FOR CERTAIN PERMANENT IMPROVEMENTS. 

Be it enacted, etc., as follows: 

Section 1. To provide for the maintenance of the Appropriationa 
several departments, boards, commissions and institutions, nance of 
of sundry other ser\dces, and for certain permanent improve- efc^raS^'^*^^' 
ments, and to meet certain requirements of law, the sums gi'nrin^g'fund 
set forth in section two, for the several purposes and subject r^'^uh-ements 
to the conditions therein specified, are herebv appropriated ?nd certain 

*/ i i X iniDrovGiiiGiits 

from the general fund or revenue of the commonwealth 
unless some other source of revenue is expressed, subject to 
the provisions of law regulating the disbursement of public 
funds and the approval thereof, for the fiscal year ending 
November thirtieth, nineteen hundred and twenty, or for 
such other period as may be specified. 
Section 2. 

Service of the Legislative Department. 

Item 

•1 For the compensation of senators, the sum of Legislative 

sixty-one thousand five hundred dollars, . $61,500 00 department. 

2 For compensation for travel of senators, a sum 

not exceeding forty-five hundred dollars, . 4,500 00 

3 For the compensation of representatives, the 

sum of three hundred sixty-one thousand five 

hundred dollars, 361,500 00 

4 For compensation for travel of representatives, 

a sum not exceeding twenty-six thousand 

seven hundred dollars, 26,700 00 

5 For the salaries of Henry D. Coolidge, clerk of 

the senate, and James W. Kimball, clerk of 
the house of representatives, the sum of eight 
thousand dollars, 8,000 00 

6 For the salaries of William H. Sanger, assistant 

clerk of the senate, and Frank E. Bridgman, 
assistant clerk of the house of representatives, 
the sum of fifty-five hundred dollars, . . 5,500 00 

7 For such additional clerical assistance to, and 

with the approval of, the clerk of the senate, 
as may be necessary for the proper despatch of 
public business, a sum not exceeding fifteen 
hundred dollars, ...,,.. 1 500 00 



196 Acts, 1920. — Chap. 225. 



Department. 



Item 

nnnar^.m^fint. ^ Fop such additional clerical assistance to, and 

with the approval of, the clerk of the house of 
representatives, as may be necessary for the 
proper despatch of public business, a sum not 
exceeding thirty-five hundred dollars, . . $3,500 00 
9 For the salary of the sergeant-at-arms, a sum 

not exceeding thirty-five hundred dollars, . 3,500 00 

10 For clerical assistance, office of the sergeant-at- 
arms, a sum not exceeding thirty-nine hun- 
dred and ninety dollars, 3,990 00 

11 For the salaries of the doorkeepers of the senate 
and house of representatives, and the post- 
master, with the approval of the sergeant-at- 
arms, a sum not exceeding fifty-eight hundred 
dollars, 5,800 00 

12 For the salaries of assistant doorkeepers and 
messengers to the senate and house of repre- 
sentatives, with the approval of the sergeant- 
at-arms, a sum not exceeding thirty-seven 
thousand nine hundred dollars, . . 37,900 00 

13 For compensation of the pages of the senate and 
house of representatives, with the approval of 
the sergeant-at-arms, a sum not exceeding six 
thousand one hundred and twenty dollars, . 6,120 00 

14 For compensation for travel of doorkeepers, 
assistant doorkeepers, messengers, pages and 
other employees of the sergeant-at-arms, au- 
thorized by law to receive the same, a sum 
not exceeding four thousand and fifty-five 
dollars, 4,055 00 

15 For the salaries of clerks employed in the legis- » 
lative document room, a sum not exceeding 
thirty-nine hundred and fift}^ dollars, . . 3,950 00 

16 For certain other persons emploj^ed by the ser- 
geant-at-arms, in and about the chambers and 
rooms of the legislative department, a sum not 
exceeding twenty-one hundred and fifty dol- 
lars, . . . 2,150 00 

17 For the salaries of the chaplains of the senate and 
house of representatives, the sum of twelve 
hundred dollars for the regular session for the 
year nineteen hundred and twenty, and an ad- 
ditional sum of two hundred dollars for extra 
compensation for the special session of nine- 
teen hundred and nineteen, as authorized by 
chapter seventy-seven of the resolves of nine- 
teen hundred and nineteen, .... 1,400 00 

18 For clerical and other assistance for the commit- 
tees on rules of the two branches, as approved 
by a majority vote of said committees, a sum 
not exceeding nineteen thousand eight him- 
dred dollars, 19,800 00 



Acts, 1920. — Chap. 225: 197 



Department. 



Item 

19 For authorized travelling and other expenses of I^®^i^l^t*i7„° , 

the committees of the present general court, " 

with the approval of a majority of the com- 
mittee incurring the same, a sum not exceeding 
seventy-five hundred dollars, .... $7,500 00 

20 For expenses of advertising hearings of the com- 

mittees of the present general court, including 
expenses of preparing and mailing advertise- 
ments to the various newspapers, with , the 
approval of the auditor of the commonwealth, 
a sum not exceeding five thousand dollars, . 5,000 00 

21 For expenses of summoning witnesses, and for 

fees of such witnesses, with the approval of the 
sergeant-at-arms, a sum not exceeding two 
hundred dollars, . . . . . . . 200 00 

22 For printing and binding ordered by the senate 

and house of representatives, or by concurrent 
order of the two branches, with the approval 
of the clerks of the respective branches, a sum 
not exceeding fifty-five thousand dollars, . 55,000 00 

23 For printing and binding the manual for the 

general court, under the direction and with 
the approval of the clerks of the senate and 
house of representatives, a sum not exceeding 
six thousand dollars, 6,000 00 

24 For expenses in connection with the publication 

of the bulletin of committee hearings, with the 
approval of the joint committee on rules, a 
sum not exceeding eighteen thousand dollars, 18,000 00 

25 For stationery for the senate, purchased by and 

with the approval of the clerk, a sum not ex- 
ceeding eight hundred dollars, .... 800 00 

26 For stationery for the house of representatives, 

purchased by and with the approval of the 
clerk, a sum not exceeding twelve hundred 
dollars, 1,200 00 

27 For contingent expenses of the senate and house 

of representatives, and necessary expenses in 

and about the state house, with the approval 

of the sergeant-at-arms, a sum not exceeding 

twelve thousand dollars, . ... . 12,000 00 
27i For reprinting the state house guide book, a sum 

not exceeding twelve hundred and fifty dollars, 1,250 00 

27| For the purchase of outline sketches of members 

of the senate and house of representatives, a 

sum not exceeding twelve hundred dollars, . 1,200 00 



Total, $669,515 00 



198 



Acts, 1920. — Chap. 225. 



Judicial 
Department. 
Supreme 
Judicial Court. 



Service of the Judicial Department. 

Item 

Supreme Judicial Court, as follows: 

28 For the salaries and allowance for travelling ex- 

penses of the chief justice and of the six associ- 
ate justices, a sum not exceeding seventy-four 
thousand dollars, 

29 For travelling expenses in excess of the sum of 

five hundred dollars, as authorized by chapter 
two hundred and eighty-eight of the General 
Acts of nineteen hundred and nineteen, a 
sum not exceeding one thousand dollars, . 

30 For the pensions of retired justices, a sum not 

exceeding thirty thousand dollars, . 

31 For the salary of the clerk for the common- 

wealth, a sum not exceeding thirty-five hun- 
dred dollars, 

32 For clerical assistance to the clerk, a sum not ex- 

ceeding nine hundred dollars, .... 

33 For clerical assistance to the justices, a sum not 

exceeding four thousand dollars, 

34 For the services of stenographers to the justices, 

a sum not exceeding two thousand dollars, 

35 For office supplies, services and equipment of the 

supreme judicial court, a sum not exceeding 
two thousand dollars, 

36 For the salaries of the officers and messengers, 

a sum not exceeding twenty-five hundred and 
sixty dollars, 

37 For the salary of the clerk for the county of Suf- 

folk, a sum not exceeding fifteen hundred dol- 
lars, 

Reporter of Decisions: 

38 For the salarj^ of the reporter of decisions, a sum 

not exceeding four thousand dollars, 

39 For clerk hire and office supplies, services and 

equipment, a sum not exceeding fiftj^-two 
hundred dollars, 



$74,000 00 



Total, 



1,000 00 


30,000 00 


3,500 00 


900 00 


4,000 00 


2,000 00 


2,000 00 


[ 

2,560 00 


1,500 00 


4,000 00 

I 


5,200 00 


. $130,660 00 



Superior 
Court. 



40 



41 



Superior Court, as follows: 

For the salaries and allowance for travelling ex- 
penses of the chief justice and of the twenty- 
seven associate justices, a sum not exceeding 
two hundred thirty-eight thousand five hun- 
dred dollars, $238,500 00 

For travelling expenses in excess of the sum of 
five hundred dollars, as authorized by chapter 
two hundred and eighty-eight of the General 
Acts of nineteen hundred and nineteen, a sum 
not exceeding four thousand dollars, . . 4,000 00 



Acts, 1920. — Chap. 225. 199 

Item 

42 For the salary of the assistant clerk, Suffolk Superior 

county, a sum not exceeding five hundred °^'^^' 

dollars, $500 00 

43 For printing, transportation of papers and docu- 

ments, and office supplies, services and equip- 
ment, a sum not exceeding fifteen hundred 
dollars, 1,500 00 

44 For pensions of retired justices, a sum not ex- 

ceeding twelve thousand dollars, . . . 12,000 00 

Total, $256,500 00 

Probate and Insolvency Courts, as follows : 

45 For the salaries of judges of probate of the sev- Probate and 

eral counties, a sum not exceeding eighty- Com-ts*"''* 

three thousand eight hundred dollars, . . 183,800 00 

46 For pensions of retired justices, a sum not ex- 

ceeding three thousand dollars, . . . 3,000 00 

47 For the compensation of judges of probate when 

acting outside of their owti county for other 
judges of probate, a sum not exceeding twenty- 
five hundred dollars, 2,500 00 

48 For the salaries of registers of the several coun- 

ties, a sum not exceeding fifty-two thousand 

two hundred dollars, 52,200 00 

49 For the salaries of assistant registers, a sum not 

exceeding forty-five thousand three hundred 

and seventy-five dollars, . , . . . 45,375 00 

Total, $186,875 00 

For clerical assistance to registers of the 
several counties, as follows: 

50 Barnstable, a sum not exceeding one thousand Registers of ^ 

dollars, $1,000 00 E^^o^ifenr"^ 

51 Berkshire, a sum not exceeding eleven hundred clerical 

dollars, 1,100^ 00 assistance. 

52 Bristol, a sum not exceeding sixty-eight hundred 

and thirty-three dollars, 6,833 00 

53 Dukes Count}", a sum not exceeding four hun- 

dred and thirty-three dollars, .... 433 GO 

54 Essex, a sum not exceeding eight thousand and 

sixteen dollars, 8,016 00 

55 Franklin, a sum not exceeding one thousand dol- 

lars, , , 1,000 00 

56 Hampden, a sum not exceeding forty-six hun- 

dred and thirty-three dollars, .... 4,633 00 

57 Hampshire, a sum not exceeding nine hundred 

dollars, 900 00 

58 Middlesex, a sum not exceeding ten thousand 

four hundred and sixty-six dollars, . . . 10,466 00 

59 Nantucket, a sum not exceeding four hundred 

and thirty-three dollars, 433 00 



200 



Acts, 1920. — Chap. 225. 



Registers of 
Probate and 
Insolvency, 
clerical 
assistance. 



Item 

60 
61 
62 
63 
64 

65 



Norfolk, a sum not exceeding five thousand dol- 
lars, 

Plymouth, a sum not exceeding twenty-five hun- 
dred and sixty-six dollars, .... 

Suffolk, a sum not exceeding eighty-one hundred 
dollars, 

Worcester, a sum not exceeding ninety-four hun- 
dred and eighty-three dollars, . 

For the salary of the clerk to the register for the 
county of Middlesex, a sum not exceeding 
two thousand dollars, 

For the salary of the clerk to the register for the 
county of Suffolk, a sum not exceeding four 
teen hundred dollars, 



Total, 



$5,000 00 


2,566 00 

1 


8,100 00 


9,483 00 


2,000 00 


1,400 00 


. $63,363 00 



District 
Attorneys. 



District Attorneys, as follows^ 

66 For the salaries of the district attorney, assist- 

ants and deputy assistants for the Suffolk 
district, a sum not exceeding thirtv thousand 
four hundred dollars, . . . ". . . $30,400 00 

67 For the salaries of the district attorney, assist- 

ants and deputy assistants for the northern 
district, a sum not exceeding twelve thousand 
five hundred dollars, 12,500 00 

68 For the salaries of the district attorney and as- 

sistants for the eastern district, a sum not 
exceeding ten thousand two hundred and 
fifty dollars, 10,250 00 

69 For the salaries of the district attorney and as- 

sistants for the southeastern district, a sum 

not exceeding ten thousand dollars, . . . 10,000 00 

70 For the salaries of the district attorney and as- 

sistants for the southern district, a sum not 

exceeding eighty-two hundred dollars, . . 8,200 00 

71 For the salaries of the district attorney and as- 

sistant for the middle district, a sum not ex- 
ceeding eight thousand dollars, . . . 8,000 00 

72 For the salaries of the district attorney for the 

western district, and assistance as authorized 
by law, a sum not exceeding forty-five hun- 
dred dollars, 4,500 00 

73 For the salary of the district attorney for the_ 

northwestern district, a sum not exceeding' 

two thousand dollars, . . . . . . 2,000 00 

74 For travelling expenses necessarily incurred by 

the district attorneys, except in the Suffolk 
district, a sum not exceeding forty-five hun- 
dred doUars, 4,500 00 

Total, $90,350 00 



Acts, 1920. — Chap. 225. 



201 



Item 

75 



76 



77 



Service of the Land Court. 

For salaries of the judge, associate judge, the 
recorder and court officer, a sum not exceeding 
twenty-four thousand four hundred dollars, . 124,400 00 

For engineering, clerical and other personal serv- 
ices, a sum not exceeding seventeen thousand 
dollars, . ... ... . . * 17,000 00 

For personal services in the examination of titles, 
for publishing and serving citations and other 
services, travelling expenses, supplies and 
office equipment, and for the preparation of 
sectional plans showing registered land, a sum 
not exceeding twenty-five thousand dollars, . 25,000 00 

Total, $66,400 00 



Land Court. 



Service of the Commission on Probation. 

78 For personal services of the deputy commis- 

sioner, clerks and stenographers, a sum not 

exceeding ninety-five hundred dollars, . . $9,500 00 

79 For services other than personal, including print- 

ing the annual report, travelling expenses, 
office supplies and equipment, a sum not ex- 
ceeding thirty-six hundred dollars, . . . 3,600 00 



Commission 
on Probation. 



Total, 



$13,100 00 



80 



81 



Service of the Board of Bar Examiners. 

For personal services of the members of the 
board, a sum not exceeding forty- two hun- 
dred dollars, 

For other services, including printing the annual 
report and travelling expenses, office supplies 
and equipment, a sum not exceeding two 
thousand dollars, 



Board of Bar 
Examiners. 



Total, 



$4,200 00 



2,000 00 



),200 00 



Service of the Executive Department. 

82 For the salary of the governor, the sum of ten 

thousand dollars, 

83 For the salary of the lieutenant governor, the 

sum of four thousand dollars, .... 

84 For the salaries of the eight councillors, the sum 

of eight thousand dollars, 

85 For the salaries of officers and employees of the 

department, a sum not exceeding sixteen 
thousand five hundred and ninety dollars. 



Executive 
n0,000 00 Department. 

4,000 00 

8,000 00 
16,590 00 



202 



Acts, 1920. — Chap. 225. 



Executive 
Department. 



Item 

86 



87 



89 



90 



For travel and expenses of the lieutenant gov- 
ernor and council from and to their homes, a 
sum not exceeding fifteen hundred dollars, . $1,500 00 

For postage, printing, office and other contingent 
expenses, including travel, of the governor, a 
sum not exceeding nine thousand dollars, . 9,000 00 

For postage, printing, stationery, travelling and 
contingent expenses of the governor and 
council, a sum not exceeding four thousand 
dollars, . 4,000 00 

For expenses incurred in the arrest of fugitives 
from justice, a sum not exceeding one thousand 
dollars, ......... 1,000 00 

For payment of extraordinary'' expenses and for 
transfers made to cover deficiencies, as author- 
ized by chapter five hundred and fortj'-nine 
of the acts of nineteen hundred and eight, 
with the approval of the governor and council, 
a sum not exceeding one hundred thousand 
dollars, 100,000 00 



Total, 



$154,090 00 



Adjutant 
General. 



Service of the Adjutant General, 

91 For the salarj'- of the adjutant general, a sum not 

exceeding thirtj'^-six hundred dollars, . . $3,600 00 

92 For the salary of an adjutant general's assistant, 

a sum not exceeding twenty-four hundred 

dollars, . 2,400 00 

93 For the personal services of office assistants, a 

sum not exceeding eighteen thousand six hun- 
dred dollars, 18,600 00 

94 For the personal services of the members of the 

intelligence bureau, prior to September first of 
the current year, a sum not exceeding sixteen 
thousand five hundred and seventy dollars, . 16,570 00 

95 For personal services in the division of records 

of the world's war, a sum not exceeding ten 

thousand dollars, . . . ■ .• . • ■ 10,000 00 

96 For services other than personal, printing the 

annual report, and for necessary office supplies 
and expenses, a sum not exceeding ninety-five 
hundred dollars, . . . . . . . 9,500 00 

97 For expenses, not otherwise provided for in con- 

nection with military matters and accounts, 

a sum not exceeding three thousand dollars, . 3,000 00 

98 For services other than personal, and for neces- 

sary office supplies and expenses of the intelli- 
gence bureau, incurred prior to September first 
of the current year, a sum not exceeding fifty- 
six hundred and twenty-five dollars, . . 5,625 00 



Acts, 1920. — Chap. 225. 



203 



Item 

99 



100 



101 



102 



103 



For services other than personal and for neces- 
sary office suppUes and expenses of the division 
of records of the world's war, a sum not ex- 
ceeding thirty-five hundred dollars, . . 

For expenses of maintenance and operation of an 
automobile for any use directed by the gov- 
ernor or adjutant general, a sum not exceeding 
five thousand dollars, 



Adjutant 
General. 



Total, 



$3,500 00 



5,000 00 

$77,795 00 



Service of the State Guard. 

For the maintenance of the state guard, includ- 
ing allowances and expenses for drills and 
training and for certain supplies, equipment, 
and the maintenance and operation thereof, a 
sum not exceeding one hundred thousand 
dollars, 

Service of Reorganized Militia. 

For the preliminary expenses of organizing a 
militia force for the commonwealth, a sum not 
exceeding twelve thousand five hundred dol- 
lars, 

For such expenses as may be necessary after the 
reorganiza4:ion of the militia, to be expended 
subject to such conditions and such segrega- 
tion of items as may hereafter be authorized by 
the general court, a sum not exceeding two 
hundred eighty-five thousand dollars, 



State Guard. 



$100,000 00 



Reorganized 

Militia. 



Total, 



$12,500 00 



285,000 00 
$297,500 00 



(The above items, numbers 102 and 103, 
are substituted for items numbers 102 to 119, 
inclusive, as printed in the governor's budget 
recommendations . ) 

Service of the Property and Disbursing Officer. 

119i For clerical services and other expenses for the 
office of the property and disbursing officer, a 
sum not exceeding eleven hundred dollars, . $1,100 00 

Mexican Border Service. 

120 For the expense of furnishing certificates of honor 
for service on the Mexican border, as author- 
ized by law, a sum not exceeding seven hun- 
dred and fifty dollars, the same to be in addi- 
tion to any sum heretofore appropriated for 
the purpose, $750 00 



Property and 

Disbursing 

Officer. 



Mexican 
Border Service, 
certificates of 
honor. 



204 



Acts, 1920. — Chap. 225. 



Naval 

Militia, sundry 
expenses. 



Item 

120h 



Sundry Expenses of the Naval Militia. 

For certificates and other expenses on account of 
disbanding the naval militia, a sum not exceed- 
ing two thousand dollars, 



$2,000 00 



Publication of 
records of 
Massachusetts 
soldiers and 
sailors of civil 
war. 



Service for the Publication of Records of Massachusetts Soldiers and" 
Sailors of the Civil War. 

121 For services for the publication of records of 
Massachusetts soldiers and sailors who served 
in the civil war, a sum not exceeding seventy- 
five hundred dollars, $7,500 00 



Quartern! aater 
General. 



Service of the Quartermaster General. 

122 For personal services of the chief quartermaster, 

superintendent of armories and superintendent 
of arsenal, a sum not exceeding sixty-eight 
hundred dollars, 

123 For personal services of other emplo5^ees of the 

chief quartermaster, a sum not exceeding 
eleven thousand five hundred and forty dollars, 

124 For expert assistance, the emplojTnent of which 

may be exempt from civil service rules, in the 
disbursement of certain money to the officers 
and enlisted men of the state guard and militia 
for compensation and allowances, a sum not 
exceeding twelve hundred dollars, 

125 For the salaries of armorers and assistant ar- 

morers of first class armories, a sum not ex- 
ceeding eighty-five thousand dollars. 

Militia supplies and maintenance of prop- 
erty: 

126 For certain incidental military expenses of the 

quartermaster's department, a sum not ex 
ceeding twentj^-five hundred dollars, 

127 For office and general supplies and equipment, a 

sum not exceeding eight thousand dollars, 

128 For the care and maintenance of the camp 

ground and buildings at Framingham, a sum 
not exceeding eighty-seven hundred dollars 

129 For the maintenance of armories of the first 

class, a sum not exceeding one hundred forty- 
five thousand dollars, 

130 For reimbursement for rent and maintenance of 

armories of the second class, a sum not exceed- 
ing three thousand dollars, 

131 For reimbursement for rent and maintenance of 

armories of the third class, a sum not exceed 
ing forty-five hundred dollars, . 

Total, 



$6,800 00 
11,540 00 

1,200 00 
85,000 00 



2,500 00 


8,000 00 


8,700 00 


, 145,000 00 


3,000 00 


4,500 00 


, $276,240 00 



Acts, 1920. — Chap. 225. 



205 



Item 

132 



133 



134 



Service of the Chief Surgeon. 

For personal services of the chief surgeon and 
regular assistants, a sum not exceeding fifty- 
one hundred and eighty dollars, 

For services other than personal, and for neces- 
sary medical and office supplies and equip- 
ment, a sum not exceeding thirty-five hundred 
dollars, 

For the examination of recruits, a sum not ex- 
ceeding two thousand dollars, .... 



Chief 
Surgeon. 



^5,180 00 

3,500 00 
2,000 00 



Total, 



$10,680 00 



Expenses on Account of the Welfare of Soldiers and Sailors in France. 



135 



135^ 



136 



137 
138 



139 
140 



141 



For certain expenses incurred in France, with 
the approval of the governor, for the benefit 
of soldiers and sailors, residents of this com- 
monwealth, a sum not exceeding thirty-one 
hundred forty-nine dollars and sixty-six cents, 

For expenses of continuing and completing the 
work of the commission for aiding returned 
soldiers, sailors and marines in finding em- 
ployment, a sum not exceeding four thousand 
dollars, the same to be in addition to any sum 
heretofore appropriated for the purpose, 

Total, 



Service of the Supervisor of Administration. 

For the salaries of the supervisor and deputy, 
a sum not exceeding ninety-one hundred and 
twenty-five dollars, 

For other personal services, a sum not exceeding 
twenty thousand dollars, 

For services other than personal and for travel- 
ling expenses, office supplies and equipment, 
a sum not exceeding twenty-nine hundred 
dollars, 



Total, 



J,149 66 



4,000 00 



Expenses on 
account of 
welfare of 
soldiers and 
sailors in 
France. 



r,149 66 



Supervisor of 
Administration. 



$9,125 00 
20,000 00 



2,900 00 



$32,025 00 



Service of the Armory Commission. 

For the compensation of members, a sum not ex- 
ceeding twenty-three hundred dollars, . . $2,300 00 

For office, travelling and other expenses, a sum 
not exceeding one hundred and ninety-five 
dollars, 195 00 

(This item omitted.) 



Armory 
Commission. 



Total, 



$2,495 00 



206 



Acts, 1920. — Chap. 225. 



Commissioner 
of State Aid 
and Pensions. 



Item 

142 



143 



144 



Service of the Commissioner of State Aid and Pensions. 

For personal services of the commissioner and 
deputy, a sum not exceeding fifty-five hun- 
dred dollars, . . . . . . . $5,500 00 

For personal services of agents, clerks, stenog- 
raphers and other assistants, a sum not ex- 
ceeding twentj'^-nine thousand and twenty 
dollars, 

For services other than personal, including print- 
ing the annual report, travelling expenses of 
the commissioner and his employees, and nec- 
essary office supplies and equipment, a sum 
not exceeding five thousand dollars. 



29,020 00 



5,000 00 



Total, 



$39,520 00 



Expenses on 
account of 
wars. 



145 



146 



147 



148 
149 



For Expenses on Account of Wars. 

For reimbursing cities and towns for money paid 
on account of state and military aid to Massa- 
chusetts soldiers and their families, the sum 
of nine hundred eighty-four thousand dollars, 
the same to be paid on or before the fifteenth 
day of November in the year nineteen hundred 
and twenty, in accordance with the provisions 
of existing laws relative to state and military 
aid, $984,000 00 

For the maintenance of the Massachusetts Sol- 
diers' Home, with the approval of the trustees 
thereof, a sum not exceeding one hundred 
seventy thousand dollars, 170,000 00 

For certain improvements and additions in the 
power plant and laundry at the Massachusetts 
Soldiers' Home, a sum not exceeding eighty- 
seven thousand dollars, payment to be made 
upon vouchers approved by the trustees of 
said institution, 87,000 00 

(This item omitted.) 

For expenses of the commission at the dedication 
of the memorial for the Sixth Massachusetts 
Regiment at Porto Rico, a sum not exceeding 
eight hundred doUars, 800 00 



Total, 



$1,241,800 00 



Art Commis- 
sion. 



Service of the Art Commission. 

150 For expenses of the commission, a sum not ex- 
ceeding one hundred dollars, .... 



$100 00 



Acts, 1920. — Chap. 225. 



207 



Item 

151 
152 



Service of the Ballot Law Commission. 

For compensation of the commissioners, a sum 
not exceeding fifteen hundred dollars, . . $1,500 00 

For expenses, including travel, supplies and 
equipment, a sum not exceeding two hundred 
dollars, 200 00 

Total, $1,700 00 



Ballot Law 
Commission. 



Service of Commission on Uniformity of State Laws 

153 For expenses, for the current fiscal year, of the 
board of commissioners for the promotion of 
uniformity of legislation in the United States, 
a sum not exceeding six hundred dollars, 



Commission on 
Uniformity of 
State Laws. 



$600 00 



Service of the State Library. 

154 For personal services of the librarian, a sum not state Library. 

exceeding forty-one hundred and twenty-five 

dollars, . $4,125 00 

155 For personal services of the regular library as- i 

sistants, temporary clerical assistance, and for 
services for cataloguing, a sum not exceed- 
ing twenty-one thousand seven hundred and 
ninety-five dollars, 21,795 00 

156 For services other than personal, including print- 

ing the annual report, office supplies and 
equipment, and incidental travelling expenses, 
a sum not exceeding twentv-seven hundred 
and fifty dollars, . . . "_ . . . 2,750 00 

157 For books and other publications and things 

needed for the library, and the necessary bind- 
ing and rebinding incidental thereto, a sum 
not exceeding ten thousand dollars, . . . 10,000 00 



Total, 



$38,670 00 



Service of the Superintendent of Buildings. 

158 For personal services of the superintendent and 

office assistants, a sum not exceeding ten 

thousand six hundred and twenty dollars, . $10,620 00 

159 For personal services of engineers, assistant en- 

gineers, firemen and helpers in the engineer's 
department, a sum not exceeding sixty thou- 
sand eight hundred and fifty dollars, . . 60,850 00 

160 For personal services of watchmen and assistant 

watchmen, a sum not exceeding thirty-seven 

thousand four hundred dollars, .... 37,400 00 



Superintendent 
of Buildings. 



208 



Acts, 1920. — Chap. 225. 



Superintendent 
of Buildings. 



Item 

161 



162 



For personal services of messengers and porters, 
a sum not exceeding nineteen thousand seven 
hundred and seventy dollars, .... 

For other personal services incidental to the 
care and maintenance of the building, a sum 
not exceeding ten thousand nine hundred 
dollars, 



Total, 



$19,770 00 



10,900 00 
S139,540 00 



Other annual 
expenses. 



Other Annual Expenses. 

163 For contingent, office and other expenses of the 

superintendent, a sum not exceeding one 

thousand dollars, . . ... . $1,000 00 

164 For telephone service in the building, and ex- 

penses in connection therewith, a sum not ex- 
ceeding thirty-seven thousand dollars, . . 37,000 00 

165 For services, supplies and equipment necessary 

to furnish heat, light and power, a sum not ex- , 

ceeding sixty-five thousand dollars, . . . 65,000 00 

166 For other services, supplies and equipment nec- 

essary for the maintenance and care of the 
state house, including repairs of furniture and 
equipment, a sum not exceeding seventy-four 
thousand dollars, . . . . . . . 74,000 00 

167 For the purchase of such new furniture and fix- 

tures as may be necessary, due to the moving 
of departments within the state house, a sum 
not exceeding fifteen thousand dollars, . . 15,000 00 

168 (This item omitted.) 



Total, 



$192,000 00 



169 For expenses incurred in moving offices with 

their equipment, a sum not exceeding seventy- 
five hundred dollars, . . _ . _ . . $7,500 GO 
169^ For maldng necessary alterations in the state 
house, under the direction of the superintend- 
ent, a sum not exceeding eleven thousand two 
hundred dollars, the same to be in addition to 
the unexpended balance of fifteen- thousand 
two hundred twenty-five dollars and fifty-four 
cents considered available on December first, 
nineteen hundred and nineteen, for carrying 
out the provisions of chapter three hundred 
and twenty-five of the Special Acts of nineteen 
hundred and seventeen, 11,200 00 

170 For grading and impro\ang the state house 

grounds, a sum not exceeding thirty thousand 

dollars, 30,000 00 

Total $48,700 00 



Acts, 1920. — Chap. 225. 



209 



Service of Commission on Consolidating and Arranging the General 

Laws. 



Item 

171 



For services and expenses in reading proofs and 
preparing the printed report of the commission 
on consohdating and arranging the general 
laws, a sum not exceeding thirty thousand 
dollars, the same to be in addition to any sum 
heretofore appropriated for the purpose, 



Commission on 
Consolidating 
and Arranging 
the General 
Laws. 



$30,000 00 



For the Maintenance of the Old State House. 

172 For the contribution of the commonwealth 
toward the maintenance of the old provin- 
cial state house, the sum of fifteen hundred 
dollars, 



Old State 

House, 

maintenance. 



$1,500 00 



Service of the Pilgrim Tercentenary Commission. 

173 For the permanent improvement and preserva- 
tion of certain historic places, and for the ap- 
propriate celebration of the tercentenary of 
the landing of the Pilgrims, as authorized by 
chapter one hundred and eighty-seven of the 
Special Acts of nineteen hundred and nineteen, 
a sum not exceeding one hundred thousand 
dollars, . • 1100,000 00 



Pilgrim 

Tercentenary 

Commission. 



Service of the Commission on Foreign and Domestic Commerce. 

174 For the personal services of employees and ex- 
penses of the commission on foreign and do- 
mestic commerce, as authorized by chapter one 
hundred and nineteen of the General Acts of 
nineteen hundred and nineteen, a sum not ex- 
ceeding ten thousand dollars, the same to be 
in addition to any sum heretofore appropriated 

for the purpose, $10,000 00 

(The above item, number 174, is substituted 
for items numbers 174 to 178, inclusive.) 



Commission 
on Foreign and 
Domestic 
Commerce. 



Service of the Secretary of the Commonwealth. 

179 For the salaries of the secretary and officers and 

employees holding positions established by 
law, a sum not exceeding twenty thousand five 
hundred dollars, $20,500 00 

180 For personal services in the preparation of copy 

for the publication of the province laws, a 

sum not exceeding eleven hundred dollars, . 1,100 00 

181 For services of additional clerks and other as- 

sistants, a sum not exceeding sixty-six thou- 
sand eight hundred and eighty dollars, . . 66,880 00 



Secretary of 
the Common- 
wealth. 



210 



Acts, 1920. — Chap. 225. 



Secretary of 
the Common- 
wealth. 



Item 

182 



183 



184 



185 



186 



187 



For services other than personal, traveUing ex- 
penses, office suppUes and equipment, a sum 
not exceeding seventy-nine hundred dollars, . $7,900 00 

For postage and expressage on public documents, 
and for maiUng copies of bills and resolves to 
certain state, city and town officials, a sum not 
exceeding forty-five hundred dollars, . . 4,500 00 

For the arrangement and preservation of state 
records and papers, a sum not exceeding five 
hundred dollars, 500 00 

For printing registration books and blanks and 
indexing returns, a sum not exceeding three 
thousand dollars, . 3,000 00 

For printing the history of certain regiments in 
the civil war, and in the world war, the sum of 
five thousand dollars, 5,000 00 

For the purchase of certain supplies and equip- 
ment and for other things necessary in con- 
nection with the reproduction of the manu- 
script collection designated "Massachusetts 
Archives", a sum not exceeding five thousand 
dollars, 5,000 00 

Total, $114,380 00 



Supervisor of 
Public Records. 



Supervisor of Public Records: 

188 For personal services of the supervisor and his 

office assistant, a sum not exceeding forty-five 
hundred dollars, 

189 For the purchase of ink for public records of the 

commonwealth, a sum not exceeding four hun- 
dred and fifty dollars, 

190 For travelling expenses of the supervisor of pub- 

lic records, a sum not exceeding eight hundred 
dollars, 



Total, 



$4,500 00 
450 00 

800 00 

$5,750 00 



Printing 
laws, etc. 



For printing laws, etc. : 

191 For printing the pamphlet edition of the acts and 

resolves of the present year, a sum not exceed- 
ing eighty-five hundred dollars, . . . $8,500 00 

192 For the printing of a cumulative index to the 

acts and resolves, a sum not exceeding one 

thousand dollars, , • 1,000 00 

193 For printing and binding the blue book edition 

of the acts and resolves of the present year, 

a sum not exceeding fifteen thousand dollars, . 15,000 00 

194 For the purchase of reports of decisions of the 

supreme judicial court, a sum not exceeding 

twenty-five hundred dollars, .... 2,500 00 



Acts, 1920. — Chap. 225. 211 

195 For the purchase of paper used in the execution Printing lawa, 

of the contract for the state printing, a sum 
not exceeding one hundred and fifty thousand 
dollars, $150,000 00 

196 For printing and binding pubUc documents, a 

sum not exceeding twenty thousand dollars, . 20,000 00 

197 For printing and binding the province laws, a 

sum not exceeding four thousand dollars, the 
same to be in addition to any sum heretofore 
appropriated for the purpose, .... 4,000 00 

198 For services and expenses of the electoral college, 

a sum not exceeding one thousand dollars, . 1,000 00 

Total, $202,000 00 

For printing matters relating to elections : 

199 For personal and other services necessary for Election 

preparing and printing ballots for the pri- matters, 
mary elections, a sum not exceeding forty- 
five thousand dollars, $45,000 00 

200 For the printing and distribution of ballots, a 

sum not exceeding twenty thousand dollars, . 20,000 00 

201 For the printing of blanks for town officers, elec- 

tion laws and blanks and instructions on all 
matters relating to elections, a sum not exceed- 
ing two thousand dollars, 2,000 00 

202 For furnishing cities and towns with ballot boxes 

and for repairs to the same, a sum not exceed- 
ing one thousand dollars, ' 1,000 00 

203 For the purchase of apparatus to be used at poll- 

ing places in the canvass and counting of votes, 
a sum not exceeding two hundred and fifty 
dollars, . , . 250 00 

204 For administering the law to permit absent vot- 

ers to vote at state elections, as provided by 
chapter two hundred and eighty-nine of the 
General Acts of nineteen hundred and nine- 
teen, a sum not exceeding fifteen thousand 
dollars, ......... 15,000 00 

205 For expenses of compiling and publishing infor- 

mation to voters as required by chapter one 
hundred and eighty-seven of the General Acts 
of nineteen hundred and nineteen, a sum not 
exceeding ten thousand dollars, . . . 10,000 00 



Total, . $93,250 00 

206 For personal services of the census division of Census 

the department of the secretary of the com- Division. 

monwealth, a sum not exceeding fifty-five 

hundred and eighty dollars, .... $5,580 00 

207 For medical examiners' fees as provided by law, 

a sum not exceeding nine hundred dollars, . 900 00 



212 



Acts, 1920. — Chap. 225. 



Item 
Treasurer and 208 
Receiver- 
General. 



209 



210 



211 



Service of the Treasurer and Receiver-General. 

For the salary of the treasurer and receiver- 
general and other officers and employees hold- 
ing positions established by law, a sum not ex- 
ceeding thirty-nine thousand one hundred and 
ten dollars, ... . . . . $39,110 00 

For services of additional clerical and other as- 
sistants, a sum not exceeding ninety-eight 
hundred dollars, 9,800 00 

For services other than personal, travelling ex- 
penses, office supplies and equipment, a sum 
not exceeding eighty-three hundred and sixty 
dollars, . i . . . . . . . 8,360 00 

For services and expenses incurred in the ad- 
ministration of the law authorizing monthly 
payments to certain soldiers of the world war, 
a sum not exceeding ninety-two hundred dol- 
lars, 9,200 00 



Total, 



),470 00 



Massachusetts 
State Firemen's 
Association. 



212 
213 



214 



(This item omitted.) 

For relief disbursed, with the approval of the 
trustees of the Massachusetts State Firemen's 
Association, subject to the provisions of law, 
a sum not exceeding seventeen thousand five 
hundred dollars, $17,500 00 

For the expenses of administration by the trus- 
tees of the Massachusetts State Firemen's 
Association, a sum not exceeding five hundred 
dollars, 500 00 

Total, $18,000 00 



Board of 
Retirement. 



Board of Retirement: 

215 For personal services in the administrative office 

of the board of retirement, a siim not exceeding 

eight thousand dollars, $8,000 00 

216 For services other than personal, printing the 

annual report, and for office supplies and 
equipment, a sum not exceeding thirty-six 
hundred dollars, 3,600 00 

217 For requirements of annuity funds and pensions 

for employees retired from the state service 
under authority of the statutes, a sum not 
exceeding sixty-two thousand five hundred 
dollars, 62,500 00 



Total $74,100 00 



Acts, 1920. — Chap. 225. 



213 



Item 

218 



233 



Requirements for Extinguishing the State Debt. 

For sinking funds requirements and for certain 
serial bonds maturing during the present year, 
the sum of one million five hundred fifty-eight 
thousand nine hundred forty-seven dollars and 
seventy-four cents, of which sum two hundred 
fifty thousand dollars for serial bonds for the 
development of the port of Boston shall be 
paid from the receipts from the Boston dry 

dock, $1,558,947 74 

(The above item, number 218, is substi- 
tuted for items numbers 218 to 232, inclu- 
sive.) 

Interest Requirements. 

For the payment of interest on the direct debt 
and temporary loans of the commonwealth, 
a sum not exceeding one million nine hundred 



Requirements 
for extinguish- 
ing state debt. 



Interest 
requirements. 



and thirty-nine thousand dollars, 



$1,939,000 00 



Service of the Auditor of the Commonwealth. 

234 For the salary of the auditor and other officers 

and employees holding positions established by 
law, a sum not exceeding thirty-four thousand 
five hundred and fifteen dollars, . . . $34,515 00 

235 For services of such additional clerical and other 

assistance as may be necessary, a sum not ex- 
ceeding thirty-two thousand two hundred and 
ten dollars, 32,210 00 

236 For services other than personal, travelling ex- 

penses, office supplies and equipment, a sum 
not exceeding fifty-eight hundred and fifty 
dollars, . . . 5,850 00 

Total, $72,575 00 



Auditor of 
the Common- 
wealth. 



Unclassified Accounts and Claims. 

237 For the compensation of veterans of the civil war 

and certain others formerly in the service of 
the commonwealth, now retired, a sum not ex- 
ceeding sixty thousand dollars, .... $60,000 00 

238 For the compensation of certain prison officers 

and instructors formerly in the service of the 
commonwealth, and now retired, a sum not 
exceeding eighteen thousand three hundred 
and ten dollars, . .... . . 18,310 00 

239 For the compensation of district police officers 

formerly in the service of the commonwealth, 
and now retired, a sum not exceeding eight 
hundred and seventy-five dollars, . . . 875 00 



Unclassified 
accounts and 
claims. 



214 Acts, 1920. — Chap. 225. 

Item 

accounts^Md ^'^^ ^^^ *^® Compensation of certain women formerly 
claims. employed by the sergeant-at-arms in cleaning 

the state house, and now retired, a sum not 
exceeding thirteen hundred and fifty dollars, . $1,350 00 



Total, $80,535 00 

For certain other aid: 

241 For the compensation of certain public employees 

for injuries sustained in the course of their 
employment, as provided by chapter eight 
hundred and seven of the acts of nineteen hun- 
dred and thirteen, a sum not exceeding eight- 
een thousand dollars, $18,000 00 

242 For the pajmient of certain annuities and pen- 

sions of soldiers and others under the provi- 
sions of certain acts and resolves, a sum not 
exceeding nine thousand sixty-four dollars and 
fifty-seven cents, 9,064 57 



Total, $27,064 57 

243 For expenses incurred in the construction and, 

repair of roads in the town of Mashpee during 
the year nineteen hundred and nineteen, the 
sum of three hundred dollars, .... $300 00 

244 For maintenance of boulevards and parkways, 

with the approval of the metropolitan district 
commission, a sum not exceeding two hundred 
sixteen thousand six hundred seventy-seven 
dollars and fifty cents, representing the state's 
portion or one half of the estimated cost of 
mamtenance, 216,677 50 

245 For maintenance of Wellington bridge, with the 

approval of the metropolitan district commis- 
sion, a sum not exceeding fortj'-two hundred 
sixteen dollars and seventy-five cents, repre- 
senting the state's portion, or one quarter of 
the estimated cost of maintenance, . . . 4,216 75 

246 For reimbursing officials for premiums paid for 

procuring sureties on their bonds, as provided 
by existing laws, a sum not exceeding thirty- 
five hundred dollars, 3,500 00 

247 For the Massachusetts Institute of Technolo'gy, 

as required by chapter seventy-eight of the 
resolves of nineteen hundred and eleven, the 
sum of one hundred thousand dollars, . . 100,000 00 

248 For the Worcester Polytechnic Institute, as re- 

quired by chapter eighty-seven of the resolves 
of nineteen hundred and twelve, the sum of 
fifty thousand dollars, 50,000 00 

Total, $150,000 00 



Acts, 1920. — Chap. 225. 



215 



Item 

249 



250 



For payment in accordance with law of such 
claims as may arise in consequence of the 
death of firemen, and of persons acting as fire- 
men, from injuries received in the discharge 
of their duties, a sum not exceeding eight 
thousand dollars, $8,000 00 

For small items of expenditure for which no ap- 
propriations have been made, and for cases in 
which appropriations have been exhausted or 
have reverted to the treasury in previous 
years, a sum not exceeding one thousand 
dollars, 11,000 00 



Unclassified 
accounts and 
claims. 



251 
252 



253 



254 



255 



256 



257 



258 



259 



260 
261 



Service of the Atlorney-GeneraV s Department. 

For the salary of the attorney-general, the sum 
of seven thousand dollars, 

For the compensation of assistants in his office, 
and for such other legal and personal services 
as may be required, a sum not exceeding fifty- 
seven thousand dollars, 

For services other than personal, travelling ex- 
penses, office supplies and equipment, a sum 
not exceeding six thousand dollars, . 



Total, 



Service of the Department of Agriculture 

For the salary of the commissioner, a sum not 
exceeding five thousand dollars, 

For personal services of clerks and stenographers 
a sum not exceeding ten thousand and ninety- 
five dollars, 

For the travelling expenses of the commissioner, 
a sum not exceeding five hundred and fifty 
dollars, . 

For services other than personal, printing the 
annual report, office supplies and equipment 
and printing and furnishing trespass posters 
a sum not exceeding forty-one hundred and 
forty-five dollars, 

For the compensation and expenses of members 
of the advisory board, a sum not exceeding 
twenty-two hundred dollars, .... 

For services and expenses of apiary inspection, a 
sum not exceeding fifteen hundred dollars. 
Division of Agricultural Information: 

For personal services, a sum not exceeding sev- 
enty-three hundred dollars, .... 

For other expenses for disseminating useful in- 
formation in agriculture, a sum not exceeding 
seventy- one hundred and fifty dollars, . 



Attorney- 
r,000 00 General's 
' Department. 



57,000 00 



6,000 00 



$70,000 00 



Department of 
),000 00 Agriculture. 



10,095 00 



550 00 



4,145 00 



2,200 00 
1,500 00 



Division of 
7,300 00 Agricultural 
Information. 



7,150 00 



216 



Acts, 1920. — Chap. 225. 



Division of 
Dairying and 
Animal 
Husbandry. 



Division of 
Plant Pest 
Control. 



Division of 
Ornithology . 



Division of 
Markets. 



Division of 
Reclamation, 
Soil Survey 
and Fairs. 



Item 



262 
263 



264 



265 
266 



267 
268 



269 
270 



271 

272 



273 



Division of Dairying and Animal Hus- 
bandry : 

For personal services, a sum not exceeding 

eighty-one hundred and sixty dollars, . . $8,160 00 

For other expenses including the enforcement of 
the dairy laws of the commonwealth, a sum 
not exceeding forty-five hundred and seventy 
dollars, 4,570 00 

For expenses of demonstration sheep farms, as 
authorized by chapter two hundred and fifty- 
six of the General Acts of nineteen hundred 
and nineteen, under direction of the depart- 
ment of agriculture, a sum not exceeding forty- 
three hundred dollars, . . . . . 4,300 00 
Division of Plant Pest Control: 

For personal services, a sum not exceeding 

ninety-five hundred dollars, .... 9,500 00 

For other expenses, a sum not exceeding fifty- 
five hundred dollars, 5,500 00 

Division of Ornithology: 

For personal services, a sum not exceeding 

thirty-six hundred and seventy dollars, . . 3,670 00 

For other expenses, a sum not exceeding four 

hundred dollars, 400 00 

Division of Markets: 

For personal services, a sum not exceeding nine 

thousand eight hundred and seventy dollars, . 9,870 00 

For other expenses, a sum not exceeding twenty- 
five hundred dollars, 2,500 00 

Division of Reclamation, Soil Survey and 
Fairs : 

For personal services, a sum not exceeding 

eighty-one hundred and sixty dollars, . . 8,160 00 

For travel and other expenses, a sum not exceed- 
ing forty-four hundred dollars, .... 4,400 00 

For state prizes and agricultural exhibits, a sum 
not exceeding twenty-five thousand one hun- 
dred and thirty dollars, 25,130 00 



Total, 



$124,100 00 



Department 
of Conserva- 
tion. 

Division of 
Forestry, 



Service of the Department of Conservation. 

Division of Forestry: 

274 For the salary of the commissioner, a sum not 

exceeding five thousand dollars, . . . $5,000 00 

275 For personal services of office assistants, a sum 

not exceeding eighty-three hundred dollars, . 8,300 00 

276 For services other than personal, including 

printing the annual report, and for travelling 
expenses of the commissioner and secretary, 
and the necessary office supplies and equip- 
ment, a sum not exceeding seventy-five hun- 
dred and fifty dollars, 7,550 00 



Acts, 1920. — Chap. 225. 217 

Item 

277 For the salaries and expenses of foresters and Department 

necessary labor, supplies and equipment in tion. 

maintaining forest tree nurseries, a sum not Foreatry°^ 

exceeding twenty-five thousand five hundred 
dollars, . $25,500 00 

278 For the purchase of land and reforesting the 

same, a sum not exceeding ten thousand dol- 
lars, . 10,000 00 

279 For aiding towns in the purchase of equipment 

for extinguishing forest fires and for making 
protective belts or zones as a defense against 
forest fires, a sum not exceeding fifteen hun- 
dred dollars, . 1,500 00 

280 For the personal services of the state fire warden 

and his assistants, and for other services, in- 
cluding travelling expenses of the fire warden 
and his assistants, necessary supplies and 
equipment and materials used in new con- 
struction in the forest fire prevention service, 
a sum not exceeding forty-five thousand five 
hundred dollars, 45,500 00 

281 For the suppression of the gj'psy and brown tail 

moths, and for expenses incidental thereto, a 
sum not exceeding two hundred and ten thou- 
sand dollars, this sum to be in addition to any 
amount heretofore appropriated for this pur- 
pose, and any unexpended balance remaining 
at the end of the current fiscal year may be 
used in the succeeding year, .... 210,000 00 

282 For the planting and maintenance of state for- 

ests, a sum not exceeding twenty thousand 

dollars, . 20,000 00 



Total, ." $333,350 00 

Division of Fisheries and Game: 

283 For the salary of the director, a sum not exceed- Division of 

ing thirty-six hundred dollars, .... $3,600 00 Game"''" ^"'^ 

284 For personal services of office assistants, a sum 

not exceeding seventy-nine hundred dollars, . 7,900 00 

285 For services other than personal, including print- 

ing the annual report, travelling expenses and 
necessary office supplies and equipment, a 
sum not exceeding twelve thousand nine hun- 
dred dollars, . 12,900 00 

286 For expenses of exhibitions and other measures to 

increase the interest of the public in the pro- 
tection and propagation of fish and game, a 
sum not exceeding one thousand dollars, . . 1,000 00 

Enforcement of laws: 

287 For personal services of deputies, a sum not ex- 

ceeding fifty thousand dollars, .... 50,000 00 



218 



Acts, 1920. — Chap. 225. 



Department 
of Conserva- 
tion. 

Division of 
Fisheries and 
Game. 



Biological 
work. 



Item 

288 



289 



290 



291 



292 



For travelling expenses of deputies, and for 
other expenses necessary for the enforcement 
of the laws, a sum not exceeding sixteen thou- 
sand three hundred dollars, .... $16,300 00 
Biological work: 

For personal serviced to carry on biological work, 
a sum not exceeding thirty-seven hundred and 
eighty dollars, 3,780 00 

For travelling and other expenses of the biologist 
and his assistants, a sum not exceeding twenty- 
four hundred and fifty dollars, .... 2,450 00 

For the maintenance of game farms and fish 
hatcheries and for the propagation of game 
birds and animals and food fish, a sum not 
exceeding eighty-two thousand eight hundred 
and eightj^-seven dollars, 82,887 00 

For services and expenses for regulating the sale 
and cold storage of fresh food fish, as author- 
ized by chapter three hundred and fifty-one 
of the General Acts of nineteen hundred and 
nineteen, a sum not exceeding fifty-five hun- 
dred dollars, . > 5,500 00 



Total, 



$186,317 00 



For certain 
improvements 
and purchase 
of laild. 



For certain improvements and the purchase 
of land to be made under the direction 
of the division of fisheries and game, as 
follows: 

293 At the Montague rearing station, a sum not ex- 

ceeding two thousand dollars, .... $2,000 00 

294 At the Amherst rearing station, a sum not ex- 

ceeding one thousand dollars, .... 1,000 00 

295 At the Palmer hatchery, a sum not exceeding 

forty-nine hundred and fifty dollars, . . 4,950 00 

296 At the Sandwich fish hatchery, a sum not ex- 

ceeding forty-four hundred and seventy-five 

dollars, 4,475 00 

297 At the Sutton fish hatchery, a sum not exceeding 

two thousand dollars, 2,000 00 

298 At the Wilbraham game farm, a sum not exceed- 

ing five hundred dollars, 500 00 

299 At Martha's Vineyard reservation, a sum not 

exceeding six hundred and fifty dollars, . 650 00 



Total, 



$15,575 00 



Claims for 
damages by 
wiW deer. 



Claims for Damages by Wild Deer. 

300 For the payment of damages caused by wild 
deer, for the present year and previous years, 
as provided by law, a sum not exceeding six 
thousand dollars, 



$6,000 00 



Acts, 1920. — Chap. 225. 219 



Bounty on Seals. 

Item 

301 For bounties on seals, as provided by chapter Bounty on 

two hundred of the General Acts of nineteen ^^^^' 

hundred and nineteen, a sum not exceeding 

one hundred dollars, $100 00 

Division of Animal Industry: 

302 For the salary of the director, a sum not exceed- Anlmk°° °^ 

ing thirty-five hundred dollars, .... .$3,500 00 industry. 

303 For personal services of clerks and stenogra- 

phers, a sura not exceeding seventy-nine hun- 
dred dollars, . 7,900 00 

304 For services other than personal, including print- 

ing the annual report, travelling expenses of 
the director, and office supplies and equip- 
ment, a sum not exceeding forty-four hundred 
dollars, . .... . . 4,400 00 

305 For personal services of veterinarians and agents 

engaged in the work of extermination of con- 
tagious diseases among domestic animals, a 
sum not exceeding fifty thousand dollars, . 50,000 00 

306 For the travelling expenses of veterinarians and 

agents, a sum not exceeding twenty-four thou- 
sand dollars, 24,000 00 

307 For reimbursement of owners of cattle and 

horses killed, travel, when allowed, of inspec- 
tors of animals, incidental expenses of killing 
and burial, quarantine and emergency services, 
and for laboratory and veterinary supplies and 
equipment, a sum not exceeding fifty-five 
thousand dollars, 55,000 00 



Total, $144,800 00 

Reimbursement of towns for Inspectors of 
Animals : 

308 For the reimbursement of certain towns for com- Reimburse- 

pensation paid to inspectors of animals in ac- forlnspector's^ 

cordance with the provisions of section twelve of Animals. 

of chapter ninety of the Revised Laws, a sum 
not exceeding sixty-eight hundred dollars, . $6,800 00 

Service of Department of Banking and Insurance. 

Division of Banks : 

309 For salaries of the commissioner and deputy, the Department of 

sum of nine thousand dollars, .... $9,000 00 f„^" r' "Jf *"^ 

310 For services of examiners and assistants, clerks, ofv^isfon of 

stenographers and experts, a sum not exceed- Banks, 

ing one hundred and two thousand dollars, . 102,000 00 



220 



Acts, 1920. — Chap. 225. 



Division of 
Banks. 



Item 

311 



For ser\4ces other than personal, printing the 
annual report, traveUing expenses, office sup- 
plies and equipment, a sum not exceeding 
sixty-four thousand dollars, .... 



Total, 



$64,000 00 



$175,000 00 



Division of 

Loan 

Agencies. 



Division of Loan Agencies: 

312 For salary of the supervisor, a sum not exceeding 

thirty-five hundred dollars, .... 

313 For services of assistants in the supervisor's 

-office, a sum not exceeding thirty-six hun- 
dred and seventy-five dollars, .... 

314 For services other than personal, printing the 

annual report, office supplies and equipment, 
a sum not exceeding eleven hundred and 
twenty-five dollars, ....... 



Total, 



$3,500 00 
3,675 00 

1,125 00 
$8,300 00 



Registration 
of Public 
Accountants. 



Registration of Public Accountants: 
315 For examinations and registration of pubHc ac- 
countants, including personal services of ex- 
aminers, other services and necessary supplies 
and equipment, the said expenses to be in- 
curred under the direction and with the ap- 
proval of the bank commissioner, a sum not 
exceeding twelve hundred dollars, . 



$1,200 00 



Division of 
Insurance. 



Division of Insurance: 

316 For personal services of the commissioner and 

persons holding offices with salaries fixed by 
law, a sum not exceeding nineteen thousand 
dollars, $19,000 00 

317 For the services of additional deputies, clerks, 

stenographers and other assistants, a sum not 

exceeding seventy-six thousand dollars, . . 76,000 00 

318 For other ser-vices, including printing the annual 

report, travelling expenses, and neccssar.v office 
supplies and equipment and rent, a sum not 
exceeding twenty-one thousand dollars, . 



Total, 



21,000 00 
$116,000 00 



Division of 
Savings 
Banks Life 
Insurance. 



319 



320 



Di\asion of Savings Banks Life Insurance: 
For personal services of officers and employees, 
a sum not exceeding seventeen thousand dol- 
lars, _ . . $17,000 00 

For publicity, including personal services and 
travelling expenses of one person, a sum not 
exceeding fifteen hundred dollars, . . . 1,500 00 



Acts, 1920. — Chap. 225. 



221 



Item 

321 



For services other than personal, printing the 
annual report and travelling expenses, office 
supplies and equipment, a sum not exceeding 
four thousand dollars, 



Division of 
Savings Banks 
Life Insurance. 



Total, 



$4,000 00 
122,500 00 



Service of the Department of Corporations and Taxation. 

Tax Commissioner's Department: 

322 For the salaries of the commissioner and certain 

positions filled by the commissioner, with the 
approval of the governor and council, a sum 
not exceeding thirty-nine thousand five hun- 
dred dollars, 

323 For the services of additional clerical and other 

assistants, a sum not exceeding sixty-five 
thousand seven hundred and ninety dollars, . 

324 For travelling expenses, a sum not exceeding 

thirty-eight hundred dollars, .... 

325 For printing and valuation books, a sum not ex- 

ceeding thirty-seven hundred and fifty dollars, 

326 For other services and for necessary office sup- 

plies and equipment, a sum not exceeding 
nineteen thousand three hundred dollars, 



Department of 
Corporations 
and Taxation. 



Total, 



$39,500 00 

65,790 00 
3,800 00 
3,750 00 

19,300 00 
$132,140 00 



Income Tax Division (the following appro- 
priations are to be made from the receipts 
from the income tax) : 

327 For personal services of the deputy, assistants, 

assessors, assistant assessors, clerks, stenog- 
raphers and other necessary assistants, a sum 
not exceeding two hundred ninety-one thou- 
sand five hundred and sixty dollars, . . $291,560 00 

328 For travelling expenses of the members of the 

division, a sum not exceeding nine thousand 

dollars, 9,000 00 

329 For services other than personal and for office 

supplies and equipment, a sum not exceeding 
one hundred three thousand four hundred 
dollars, 103,400 00 



Income Tax 
Division. 



Total, 



$403,960 00 



Division of Accounts: 

330 For personal services, a sum not exceeding forty- 

two thousand one hundred dollars, . . . $42,100 00 

331 For other expenses, a sum not exceeding ten 

thousand dollars, 10,000 00 



Division of 
Accounts. 



222 



Acts, 1920. — Chap. 225. 



Division of 
Accounts. 



Item 

335 



336 



For personal services and expenses for auditing 
and installing municipal accounts, the cost of 
which is to be assessed upon the municipalities 
for which the work is done, a sum not exceed- 
ing twenty thousand dollars, .... 

For the expense of certain books, forms, and 
other material, which may be sold to cities and 
towns requiring the same for maintaining their 
system of accounts, a sum not exceeding 
twenty-five hundred dollars, .... 



Total, 



$20,000 00 



2,500 00 
$74,600 00 



Reimburse- 
ment to 
certain cities 
and towns. 



(The above items, numbers 330 and 331, 
are substituted for items numbers 330 to 334, 
inclusive.) 
337 For reimbursing cities and towns for loss of taxes 
on land used for state institutions, as certified 
by the tax commissioner, for the fiscal year 
ending November thirty, nineteen hundred 
and twenty, a sum not exceeding fifty-two 
thousand dollars, 



$52,000 00 



Department of 338 
Education. 



339 



340 



341 



342 



343 



Service of the Department of Education. 

For the personal services of officers, agents, 
clerks, stenographers and other assistants, but 
not including those employed in university 
extension work, a sum not exceeding sixty- 
nine thousand five hundred and fifty dollars, . $69,550 00 

For the training of teachers for vocational schools 
to comply with the requirements of federal 
authorities under the provisions of the Smith- 
Hughes act, so-called, a sum not exceeding 
twenty thousand seven hundred and sixty 
dollars, 20,760 00 

For travelling expenses of members of the board 
and of agents and employees when required to 
travel in discharge of their duties, a sum not 
exceeding seventy-two hundred and twenty- 
five dollars, 7,225 00 

For services other than personal, necessary office 
supplies, and for printing the annual report 
and bulletins as provided by law, a sum not 
exceeding thirteen thousand five hundred dol- 
lars, 13,50000 

For expenses incidental to furnishing school 
committees with rules for testing the sight and 
hearing of pupils, a sum not exceeding eight 
hundred dollars, 800 00 

For printing school registers and other school 
blanks for cities and towns, a sum not exceed- 
ing two thousand dollars, . . , , . 2,000 OQ 



Acts, 1920. — Chap. 225. 223 

Item 

344 For assisting small towns in providing them- Department of 

selves with school superintendents, as pro- ucation. 

vided by law, a sum not exceeding eighty 

thousand dollars, $80,000 00 

345 For the reimbursement of certain towns for the 

paj^ment of tuition of children attending high 
schools outside the towns in which they reside, 
as provided by law, a sum not exceeding one 
hundred thirteen thousand dollars, . . . 113,000 00 

346 For the reimbursement of certain towns for the 

transportation of pupils attending high schools 
outside the towns in which they reside, as pro- 
vided by law, a sum not exceeding thirty-eight 
thousand dollars, 38,000 00 

347 For the reimbursement of certain cities and 

towns for a part of the expense of maintaining 
agricultural and industrial vocational schools 
as provided by law, a sum not exceeding four 
hundred thousand four hundred fifty-six dol- 
lars and twenty-seven cents, .... 400,456 27 

348 For the education of deaf and blind pupils of the 

commonwealth as provided by sections nine- 
teen, twenty and twenty-one of chapter thirty- 
nine of the Revised Laws, a sum not exceeding 
two hundred forty thousand dollars, . . 240,000 00 

349 For expenses of holding teachers' institutes, a 

sum not exceeding two thousand dollars, . 2,000 00 

350 For aid to certain pupils in normal schools under 

the direction of the department of education, 

a sum not exceeding four thousand dollars, . 4,000 00 

351 For reimbursement of cities and towns for main- 

taining schools to promote Americanization, 
as authorized by chapter two hundred and 
ninety-five of the General Acts of nineteen 
hundred and nineteen, a sum not exceeding 
fifty thousand dollars, 50,000 00 

Total, 

University Extension Courses: 

352 For personal services, a sum not exceeding one 

hundred seventeen thousand dollars, 

353 For other expenses, a sum not exceeding forty- 

five thousand dollars, .... 



Total, 



Division of Immigration and Americaniza 
tion: 

354 For personal services, a sum not exceeding 

twenty-five thousand dollars, . 

355 For other expenses, a sum not exceeding eleven 

thousand five hundred dollars, . 

Total, 



$1,041,291 27 




'. $117,000 00 


University 

Extension 

Courses. 


45,000 00 




. $162,000 00 




r 

$25,000 00 


Division of 
Immigration 
and American- 
ization. 


11,500 00 




. $36,500 00 





224 



Acts, 1920. — Chap. 225. 



Division of 

Public 

Libraries. 



Item 



356 



357 
358 



Division of Public Libraries: 
For personal services of regular agents and office 
assistants, a sum not exceeding eighty-seven 

hundred and ten dollars, $8,710 00 

(This item omitted.) 

For other services, including printing the annual 
report, travelling expenses, necessar}'- office 
supplies, and expenses incidental to the aiding 
of public libraries, a sum not exceeding thirteen 
thousand six hundred and ninety dollars, . 13,690 00 

Total, $22,400 00 



Division of 
the Blind. 



Division of the Blind : 

359 For general administration, furnishing informa- 

tion, industrial and educational aid, and for 
carr^ying out the other provisions of the act 
establishing said commission, a sum not ex- 
ceeding fifty-eight thousand dollars, 

360 For maintenance of industries under the control 

of said commission, a sum not exceeding fifty- 
three thousand five hundred dollars, the same 
to be in addition to the income collected by the 
commission from sales of products, . 

361 For instruction of the adult blind in their homes, 

a sum not exceeding nine thousand dollars, . 
361^ For expenses of providing sight-saving classes, 
with the approval of the Massachusetts com- 
mission for the blind, a sum not exceeding ten 
thousand dollars, 

362 For aiding the adult blind, subject to such con- 

ditions as may be provided by law, a sum not 
exceeding sixty-five thousand dollars, . 



Total, 



$58,000 00 

53,500 00 
9,000 00 

10,000 00 

65,000 00 
$195,500 00 



Teachers' 

Retirement 

Board. 



Teachers' Retirement Board: 

363 For personal services of employees, a sum not 

exceeding sixty-six hundred and ninety dollars, $6,690 00 

364 For services other than personal, including print- 

ing the annual report, travelling expenses and 
office supplies and equipment, a sum not ex- 
ceeding fourteen hundred and fifty dollars, . 1,450 00 

365 For payment of pensions to retired teachers, a 

sum not exceeding one hundred forty-seven 

thousand dollars, . •.•..- • • 147,000 00 

366 For reimbursement of certain cities and towns for 

pensions to retired teachers, a sum not exceed- 
ing thirty-four thousand nine hundred forty- 
eight dollars and sixty-one cents, . . . 34,948 61 



Total, 



$190,088 61 



Acts, 1920. — Chap. 225. 



225 



Item 



367 



368 

369 
370 
371 



Massachusetts Agricultural College: 

For maintenance and current expenses, a sum 
not exceeding seven hundred thirty-two thou- 
sand two hundred and thirtj' dollars, 

For miscellaneous improvements, a sum not ex- 
ceeding fifty thousand dollars, .... 

(This item omitted.) 

(This item omitted.) 

For the construction of a stable for a cavalr}' 
unit, a sum not exceeding fifteen thousand 
dollars, 

Total, 



$732,230 00 
50,000 00 

15,000 00 
S797,230 00 



Massachusetts 

Agricultural 

College. 



Massachusetts Nautical School: 

372 For personal services of the secretary and office 

assistants, a sum not exceeding thirty-nine 
hundred dollars, 

373 For services other than regular clerical services, 

including printing the annual report, rent, 
office supplies and equipment, a sum not 
exceeding twenty-six hundred dollars, 

374 For the maintenance of the school and ship, a 

sum not exceeding eighty thousand eight hun- 
dred and fifty dollars, 

Total, 



$3,900 00 



2,600 00 



80,850 00 
$87,350 00 



Massachusetts 

Nautical 

School. 



For the maintenance of the state normal 
schools, and the boarding halls attached 
thereto, 'with the approval of the commis- 
sioner of education, as follows : 

375 Bridgewater normal school, a sum not exceeding 

one hundred fourteen thousand three hundred 

and ten dollars, $114,310 00 

376 Bridgewater normal school boarding hall, a sum 

not exceeding sixty thousand dollars, . . 60,000 00 

377 Fitchburg normal school, a sum not exceeding 

one hundred twentj'-three thousand seven hun- 
dred seventy-one dollars and forty cents, . 123,771 40 

378 Fitchburg normal school boarding hall, a sum 

not exceeding thirty-one thousand one hundred 

dollars, 31,100 00 

379 Framingham normal school, a sum not exceeding 

one hundred twentv-five thousand eight hun- 
dred and eighty dollars, 125,880 00 

880 Framingham normal school boarding hall, a sum 

not exceeding seventy-five thousand dollars, . 75,000 00 

381 Hyannis normal school, a sum not exceeding 
thirty-five thousand one hundred and sixty- 
five dollars, 35,165 00 



Maintenance 
of state 
normal schools. 



226 



Acts, 1920. — Chap. 225. 



Maintenance 
of state 
normal schools. 



Bradford 
Durfee 
Textile School. 



Item 

382 



383 
S85 



386 



387 

388 



389 



390 



391 

392 



393 



Lowell Textile 394 
School. 



New Bedford 
Textile School. 



395 



Hyannis normal school boarding hall, a sum not 
exceeding twenty thousand two hundred and 
sixty dollars, ....... 

Lowell normal school, a sum not exceeding fifty- 
three thousand five hundred and five dollars, . 

North Adams normal school, a sum not exceed- 
ing fifty-eight thousand seven hundred and 
twenty-five dollars, 

North Adams normal school boarding hall, a 
sum not exceeding fourteen thousand five hun- 
dred dollars, 

Salem normal school, a sum not exceeding one 
hundred seven thousand four hundred dollars, 

Westfield normal school, a sum not exceeding 
seventy thousand seven hundred and forty- 
eight dollars, 

Westfield normal school boarding hall, a sum 
not exceeding fourteen thousand five hundred 
dollars, • 

Worcester normal school, a sum not exceeding 
fifty-four thousand eight hundred and forty- 
two dollars, 

Worcester normal school boarding hall, a sum 
not exceeding fortj^-one hundred dollars. 

Normal art school, a sum not exceeding seventy 
thousand six hundred and forty-four dollars, . 



Total, 



$20,260 00 
53,505 00 

58,725 00 

14,500 00 
107,400 00 

70,748 00 

14,500 00 

54,842 00 

4,100 00 

70,644 00 

$1,034,450 40 



For the maintenance of The Bradford Durfee 
Textile School, a sum not exceeding fifty-one 
thousand three hundred and ninety-four dol- 
lars, of which amount the sum of ten thousand 
dollars is to be contributed b}' the city of Fall 
River, and the city of Fall River is hereby 
authorized to raise by taxation the said sum 
of ten thousand dollars, ..... $51,394 00 

For the maintenance of the Lowell Textile School, 
a sum not exceeding one hundred forty-five 
thousand six hundred dollars, of which amount 
the sum of ten thousand dollars is to be con- 
tributed by the city of Lowell, and the city of 
Lowell is hereby authorized to raise by taxa- 
tion the said sum of ten thousand dollars, 145,600 00 

For the maintenance of the New Bedford Textile 
School, a sum not exceeding sixty-three thou- 
sand eight hundred dollars, of which amount 
the sum of ten thousand dollars is to be con- 
tributed by the city of New Bedford, and the 
city of New Bedford is hereby authorized to 
raise by taxation the said sum of ten thousand 
dollars, 63,800 00 



Total, 



$260,794 00 



Acts, 1920. — Chap. 225. 



227 



Item 



396 



397 



398 



399 



Service of tJie Department of Civil Service and Registration. 

Division of Civil Service: 

For the salaries of the commissioner, associate 
commissioner and certain heads of divisions 
and assistants, a sum not exceeding twenty- 
seven thousand dollars, 

For personal services of clerks and other assist- 
ants, a sum not exceeding forty-three thousand 
six hundred dollars, 

For other services and for printing the annual 
report, and for office supplies and equipment, 
a sum not exceeding twenty-four thousand 
dollars, 

For services and travelling expenses in conduct- 
ing investigations as provided by chapter two 
hundred and ninety-seven of the General 
Acts of nineteen hundred and sixteen, a sum 
not exceeding one thousand dollars, 



$27,000 00 



43,600 00 



24,000 00 



Department 
of Civil 
Service and 
Registration. 
Division of 
Civil Service. 



Total, 



1,000 00 
$95,600 00 



Division of Registration: 

400 For the salary of the director, a sum not exceed- 
ing fifteen hundred dollars, 

400^ For expenses of the director, a sum not exceeding 
one thousand dollars, 

Total, 



Division of 
^,500 00 Registration. 

1,000 00 



$2,500 00 



Board of Registration in Medicine: 

401 For services of the members of the board, a sum 

not exceeding forty-three hundred dollars, 

402 For services of office assistants, a sum not exceed- 

ing sixteen hundred and seventy dollars, 

403 For personal services of members of the board 

and examiners for the registration of chirop- 
odists, a sum not exceeding six hundred dol- 
lars, 

404 For services other than personal, including the 

printing of the annual report, travelling ex- 
penses, rent of office, office supplies and equip- 
ment, a sum not exceeding sixteen hundred 
dollars, 

Total, 



Board of 
Registration in 



H,300 00 reSe 

1,670 00 
600 00 

1,600 00 



U70 00 



Board of Dental Examiners: 
405 For services of the members of the board and 
clerical assistants, a sum not exceeding twenty- 
one hundred and seventy-five dollars. 



52,175 00 



Board of 

Dental 

Examiners. 



228 



Acts, 1920. — Chap. 225. 



Board of 

Dental 

Examiners. 



Item 

406 



For other services, including printing the annual 
report, and for rent, travelling expenses, office 
supplies and equipment, a sum not exceeding 
twenty-six hundred dollars, .... 



Total, 



S2,600 00 



1,775 00 



Board of 
Registration in 
Pharmacy. 



Board of Registration in Pharmacy: 

407 For personal services of the members of the 

board, a sum not exceeding thirty-eight hun- 
dred dollars, S3,800 00 

408 For services of the agent and office assistants, a 

sum not exceeding thirtj'-five hundred dollars, 3,500 00 

409 For services other than personal, printing the 

annual report, travelling expenses, office sup- 
plies and equipment, a sum not exceeding 
twenty-six hundred dollars, .... 2,600 00 

Total, 19,900 00 



Board of 
Registration 
of Nurses. 



Board of Registration of Nurses: 

410 For services of members of the board, a sum not 

exceeding twenty-one hundred dollars, . . |2,100 00 

411 For services of clerical assistants in their office, 

a sum not exceeding sixteen hundred dollars, . 1,600 00 

412 For services other than personal, printing the 

annual report, office rent, travelling expenses 
and office supplies and equipment, a sum not 
exceeding seventeen hundred dollars, . . 1,700 00 

Total, $5,400 00 



Board of 
Registration in 
Embalming. 



413 



414 



Board of Registration in Embalming: 
For compensation of members of the board and 
services of their clerk, a sum not exceeding 

fourteen hundred dollars, $1,400 00 

For services other than personal, including trav- 
elling expenses, supplies and office equipment, 
a sum not exceeding one thousand dollars, 1,000 00 



Total, 



$2,400 00 



Board of 
Registration 
in Optometry. 



415 



416 



Board of Registration in Optometry: 
For personal ser\dces of the members of the 
board, a sum not exceeding fifteen hundred and 

twenty^five dollars, 

For clerical services, a sum not exceeding three 
hundred and fifty dollars, 



P., 525 00 
350 00 



Acts, 1920. — Chap. 225. 



229 



Item 

417 



For other services, printing the annual report, 
office supphes and equipment, and traveUing 
expenses of the members of the board, a sum 
not exceeding four hundred dollars, . 

Total, 



Board of 
Registration 
in Optometry. 



$400 00 



,275 00 



Board of Registration in Veterinary Med- 
icine : 

418 For services of the members of the board and 

secretary, a sum not exceeding six hundred 
dollars, 

419 For other services, printing the annual report, 

travelling expenses, office supplies and equip- 
ment, a sum not exceeding four hundred dol- 
lars, 

Total, 



Board of 
Registration in 
Veterinary 
$600 00 Medicine. 



400 00 



$1,000 00 



State Examiners of Electricians: 

420 For personal services of the secretary and assist- 

ants, a sum not exceeding forty-seven hundred 
and ninety dollars, 

421 For other expenses, including printing the an- 

nual report, travelling expenses, office supplies 
and equipment, a sum not exceeding twenty- 
nine hundred dollars, 



Total, 



$4,790 00 



state 

Examiners of 
Electricians. 



2,900 00 
$7,690 00 



Service of the Department of Industrial Accidents. 

422 For personal services of members of the board, 

secretaries, medical adviser, vocational direc- 
tor and inspectors, a sum not exceeding fifty- 
seven thousand one hundred twenty-six dol- 
lars and eighty-eight cents, .... $57,126 88 

423 For personal services of clerks and office assist- 

ants, a sum not exceeding seventy-four thou- 
sand five hundred dollars, 74,500 00 

424 For expenses of impartial examinations, a sum 

not exceeding nineteen thousand dollars, . 19,000 00 

425 For travelling expenses, a sum not exceeding 

fifty-six hundred dollars, 5,600 00 

426 For other services, printing the annual report, 

necessary office supplies and equipment, a 
sum not exceeding eleven thousand four hun- 
dred dollars, 



Department of 

Industrial 
Accidents. 



Total, 



11,400 00 
$167,626 88 



230 Acts, 1920. — Chap. 225. 



Service of the Department of Labor and Industries. 

Later aSd*** °^ 427 For Salaries of the commissioner, associate corn- 
industries, missioners and assistant, a sum not exceeding 

twenty thousand five hundred dollars, . . $20,500 00 
4275' For clerical and other assistance to the commis- 
sioner, a sum not exceeding twenty-four hun- 
dred dollars, 2,400 00 

428 For personal services for the inspection service, 

a sum not exceeding ninety-eight thousand 

dollars, 98,000 00 

429 For personal services for the statistical service, 

a sum not exceeding thirty-six thousand nine 

hundred dollars, 36,900 00 

430 For clerical and other personal ser\'ices for the 

operation of free emplojTnent offices, a sum 
not exceeding forty-two thousand three hun- 
dred dollars, 42,300 00 

431 For clerical and other assistance for the board 

of conciliation and arbitration, a sum not ex- 
ceeding ten thousand five hundred dollars, . 10,500 00 

432 For personal services of investigators, clerks and 

stenographers for the minimum wage service, 

a sum not exceeding twelve thousand dollars, 12,000 00 

433 For compensation and expenses of wage boards, 

a sum not exceeding three thousand dollars, . 3,000 00 

434 For personal services for the division of stand- 

ards, a sum not exceeding nineteen thousand 

six hundred dollars, 19,600 00 

435 For personal services of inspectors in surveying 

lumber, a sum not exceeding twenty thousand 

dollars, 20,000 00 

436 For travelling expenses of the commissioner, as- 

sistant commissioner, associate, commissioners 
and inspectors of labor, a sum not exceeding 
sixteen thousand dollars, 16,000 00 

437 For services other than personal, printing the 

annual report, rent of district offices and office 
supplies and equipment for the inspectional 
service, a sum not exceeding thirteen thou- 
sand nine hundred dollars, .... 13,900 00 

438 For services other than personal, printing reports 

and publications, travelling expenses and office 
supplies and equipment for the statistical serv- 
ice, a sum not exceeding twelve thousand nine 
hundred dollars, . . . . . . 12,900 00 

439 For rent, necessary office supplies and equipment 

for the free employment offices, a sum not ex- 
ceeding twelve thousand three hundred dollars, 12,300 00 

440 For other services, printing, travelling expenses 

and office supplies and equipment for the 
board of conciliation and arbitration, a sum 
not exceeding six thousand dollars, . . . 6,000 00 



Acts, 1920. — Chap. 225. 



231 



Item 
-141 



442 



442^ 



443 



444 



445 



446 



447 



448 



449 



450 



For services other than personal, printing, trav- 
elling expenses and office supplies and equip- 
ment for minimum wage service, a sum not 
exceeding thirty-six hundred dollars, . . $3,600 00 

For other services, printing, travelling expenses 
and office supplies and equipment for the divi- 
sion of standards, a sum not exceeding twelve 
thousand eight hundred dollars, . . . 12,800 00 

For travel and expenses of the inspectors for sur- 
veying lumber, a sum not exceeding two thou- 
sand dollars, . ' 2,000 00 



Department of 
Labor and 
Industries. 



Total, 



$344,700 00 



Service of the Department of Mental Diseases. 

For personal services of the director, officers and 
emploj-ees, a sum not exceeding seventy-four 
thousand five hundred dollars, .... $74,500 00 

For transportation and medical examination of 
state paupers under its charge for the present 
year and previous years, a sum not exceeding 
eight thousand dollars, 8,000 00 

For the support of insane paupers boarded in 
families under its charge, or temporarily ab- 
sent under authority of the same, for the pres- 
ent year and pre\'ious years, a sum not ex- 
ceeding seventy-five hundred dollars, . . 7,500 00 

For the support of state paupers in the Hospital 
Cottages for Children, a sum not exceeding 
eleven thousand dollars, 11,000 00 

For the expenses of an investigation as to the 
nature, causes, results and treatment of mental 
diseases and defects, and the publication of 
the results thereof, a sum not exceeding eight 
thousand dollars, 8,000 00 

For other services, including printing the annual 
report, travelling and office supplies and 
equipment, a sum not exceeding seventeen 
thousand dollars, 17,000 00 



Department 
of Mental 
Diseases. 



Total, 



$126,000 00 



For the maintenance of patients and other serv- 
ices under the direction of the trustees of the 
Norfolk state hospital, a sum not exceeding 
sixteen thousand two hundred dollars, 

For the maintenance of and for certain im- 
provements at the following institutions 
under the control of the Department of 
Mental Diseases: 
Boston state hospital, a sum not exceeding seven 
hundred ninety-eight thousand one hundred 



$16,200 00 



Institutions 
under control 
of Department 



dollars, 798,100 00 of Mental 



232 



Acts, 1920. — Chap. 225. 



Institutions 
under control 
of Department 
of Mental 
Diseases. 



Item 

451 For building, furnishing and equipping a home 

for ninety nurses at the Boston state hospital, 
a sum not exceeding twent^'-four thousand 
dollars, the same to be in addition to any sum 
heretofore appropriated for the purpose, . $24,000 00 

452 For building, furnishing and equipping a con- 

gregate dining room for the west group, a sum 
not exceeding sixty thousand dollars, the same 
to be in addition to any sum heretofore appro- 
priated for the purpose, 60,000 00 

453 Danvers state hospital, a sum not exceeding five 

hundred seventy-two thousand five hundred 

dollars, , . . . . 572,500 00 

454 (This item omitted.) 

455 (This item omitted.) 

456 Foxborough state hospital, a sum not exceeding 

two hundred forty-five thousand two hundred 

dollars, . . . . . . . . 245,200 00 

457 For installing steam mains and an electric cable 

at the Foxborough state hospital, a sura not 

exceeding thirty thousand dollars, . . . 30,000 00 

458 (This item omitted.) 

459 (This item omitted.) 

460 Gardner state colony, a sum not exceeding three 

hundred twenty-four thousand five hundred 

dollars, 324,500 00 

461 For the extension of water supply at the Gardner 

state colony, a sum not exceeding ten thousand 

dollars, . 10,000 00 

462 Grafton state hospital, a sum not exceeding five 

hundred twenty-eight thousand six hundred 

dollars, 528,600 00 

463 Massachusetts School for the Feeble-Minded, a 

sum not exceeding five hundred fifty-two 
thousand six hundred dollars, .... 552,600 00 
4631 For the city of Waltham, rental for sewage dis- 
posal, the sum of sixteen hundred and twenty- 
seven dollars, 1,627 00 

464 For building an assembly hall at Templeton 

colonv, a sum not exceeding five thousand 

dollars, 5,000 00 

465 Medfield state hospital, a sum not exceeding five 

hundred seventy-five thousand four hundred 

dollars, 575,400 00 

466 (This item omitted.) 

467 (This item omitted.) 

468 Monson state hospital, a sum not exceeding 

three hundred eighty thousand nine hundred 

dollars, 380,900 00 

469 Northampton state hospital, a sum not exceed- 

ing three hundred fifty-five thousand nine 

hundred dollars, 355,900 00 

470 (This item omitted.) 



Acts, 1920. — Chap. 225. 233 

Item 

471 Taunton state hospital, a sum not exceeding four institutions 

hundred eighty-six thousand seven hundred o"Depa°rtnient 

dollars, $486,700 00 ^-^l^^f 

472 Westborough state hospital, a sum not exceeding 

five hundred thirty-one thousand dollars, . 531,000 00 

473 (This item omitted.) 

474 For the completion of a standpipe and for 

changes in the water system at the Westbor- 
ough state hospital, a sum not exceeding 
thirty-five hundred dollars, .... 3,500 00 

475 Worcester state hospital, a sum not exceeding 

seven hundred eleven thousand one hundred 

dollars, 711,100 00 

476 For additional water supply for fire protection 

at the Worcester state hospital, a sum not ex- 
ceeding seventeen thousand dollars, . . 17,000 00 

477 For additions and alterations in the laundry at 

the Worcester state hospital, a sum not exceed- 
ing twenty-one thousand dollars, . . . 21,000 00 

478 (This item omitted.) 

479 Wrentham state school, a sum not exceeding 

four hundred thirty-seven thousand five hun- 
dred dollars, 437,500 00 

480 (This item omitted.) 

480^ For the construction of an industrial building at 
the Wrentham state school, a sum not exceed- 
ing forty-three thousand dollars, . . . 43,000 00 

481 For the construction of a cold-storage plant at 

the Wrentham state school, a sum not exceed- 
ing forty-five thousand dollars, . . . 45,000 00 

482 For building, furnishing and equipping a cus- 

todial building for one hundred and forty in- 
mates at the proposed school for the feeble- 
minded at Belchertown, a sum not exceeding 
forty-five thousand dollars, the same to be in 
addition to any sum heretofore appropriated 
for the purpose, 45,000 00 

483 For building, furnishing and equipping a dormi- 

tory building for one hundred and five inmates 
at the proposed school for the feeble-minded 
at Belchertown, a sum not exceeding thirty- 
one thousand dollars, the same to be in addi- 
tion to any sum heretofore appropriated for 
the purpose, 31,000 00 



Total, $6,852,327 00 

Service of the Department of Correction. 

484 For the personal services of the director, deputies Department of 

and members of the board of parole and ad- Correction, 

visory board of pardons, a sum not exceeding 
nineteen thousand dollars, $19,000 (X) 



234 



Acts, 1920. — Chap. 225. 



Department of 
Correction. 



Item 

485 



486 



487 



488 



489 



490 



For the personal services of clerks, stenographers 
and agents, a sum not exceeding thirty-nine 
thousand six hundred and fifty dollars, $39,650 00 

For services other than personal, including 
printing the annual report, necessary office 
supplies and equipment, a sum not exceeding 
five thousand dollars, 5,000 00 

For travelling expenses of officers and employees 
of the department when required to travel in 
the discharge of their duties, a sum not ex- 
ceeding eleven thousand dollars, . . 11,000 00 

For the removal of prisoners to and from state 
institutions, a sum not exceeding five thousand 
dollars, . . . . . . . . 5,000 00 

For assistance to prisoners discharged from 
the state prison, Massachusetts reformatory, 
prison camp and hospital and state farm, and 
to discharged female prisoners, a sum not ex- 
ceeding twelve thousand five hundred dollars, 12,500 00 

For services of guards, and for the purchase of 
equipment needed for the emplojTnent of pris- 
oners, as defined in chapter one hundred and 
twenty-nine of the General Acts of nineteen 
hundred and seventeen, a sum not exceeding 
fourteen thousand dollars, the same to be in 
addition to the unexpended balance of any 
appropriation made for the purpose, . . 14,000 00 



Total, 



$106,150 00 



Institutions 
under control 
of Department 
of Correction. 



For the maintenance of the following insti- 
tutions under the control of the Depart- 
ment of Correction: 

491 State farm, a sum not exceeding four hundred 

seventeen thousand two hundred and seventy- 
five dollars, $417,275 00 

492 State prison, a sum not exceeding two hundred 

eighty-one thousand five hundred dollars, . 281,500 00 

493 Prison camp and hospital, a sum not exceeding 

eighty-eight thousand six hundred dollars, . 88,600 00 

494 Massachusetts reformatory, a sum not exceed- 

ing two hundred eighty-three thousand seven 

hundred and fifty dollars, 283,750 00 

495 For building a warehouse at the Massachusetts 

reformatory, a sum not exceeding five thou- 
sand dollars, . 5,000 00 

496 Reformatory for women, a sum not exceeding one 

hundred sixty-five thousand six hundred and 

fifteen dollars, 165,615 00 

4965 For the town of Framingham, according to a 
contract for sewage disposal at the reforma- 
tory for women, the sum of six hundred dollars, 600 00 

Total, $1,242,340 00 



Acts, 1920. — Chap. 225. 



235 



Item 

497 



498 



Service of the Department of Public Welfare. 

For personal services of officers and employees, 
a sum not exceeding twenty-three thousand 
nine hundred and fifty dollars, .... $23,950 00 

For services other than personal, printing the 
annual report, travelling expenses, including 
expenses of auxiliary visitors, and office sup- 
plies and expenses, a sum not exceeding sev- 
enty-five hundred dollars, 7,500 00 



Department of 
Public Welfare. 



Total, 



$31,450 00 



499 



500 



501 



502 



503 



504 



505 



506 



Di\'ision of Aid and Relief: 

For personal services of officers and employees, 
a sum not exceeding eighty-five thousand six 
hundred dollars, 

For serA-ices other than personal, including trav- 
elling expenses and office supplies and equip- 
ment, a sum not exceeding eighteen thousand 
seven hundred dollars, 

For the transportation of state paupers under 
the charge of the department, for the present 
year and previous years, a sum not exceeding 

eighteen thousand dollars, 

The following items are for reimbursement 
of cities and to^vATis: 

For the pajTtnent of suitable aid to mothers with 
dependent children, for the present j^ear and 
pre\aous years, a sum not exceeding seven 
hundred thousand dollars, 

For the burial of state paupers by cities and 
towns, for the present j^ear and previous years, 
a sum not exceeding twelve thousand dollars. 

For expenses in connection ^ath smallpox and 
other diseases dangerous to the public health, 
for the present j'ear and previous years, a sum 
not exceeding eight j^ thousand dollars. 

For the support of sick paupers by cities and 
toTVTis, for the present year and previous years, 
the same to include cases of wife settlement, a 
sum not exceeding one hundred thousand dol- 
lars, . 

For temporary aid given to state paupers and 
shipnTecked seamen by cities and to-^vns, for 
the present year and previous years, a sum not 
exceeding three hundred thousand dollars. 

Total, 



Division of Aid 
and Relief. 



$85,600 00 



18,700 00 



18,000 00 



700,000 00 



12,000 00 



80,000 00 



100,000 00 



300,000 00 
$1,314,300 00 



507 



Division of Child Guardianship : 
For personal ser\aces of officers and employees, 
a sum not exceeding one hundred twenty-four 
thousand one hundred dollars, .... 



$124,100 00 



Division 
of Child 
Guardianship. 



236 



Acts, 1920. — Chap. 225. 



Division 
of Child 
Guardianship. 



Item 

508 



509 



510 



611 



For services other than personal, office suppUes 
and equipment, a sum not exceeding sixty-five 
hundred dollars, $6,500 00 

For tuition in the public schools, including trans- 
portation to and from school of children 
boarded or bound out by the department, a 
sum not exceeding seventy-five thousand four 
hundred dollars, 75,400 00 

For the care and maintenance of indigent and 
neglected children and juvenile offenders, for 
the present year and previous years, a sum not 
exceeding eight hundred eight thousand five 
hundred and fifty dollars, 808,550 00 

For the care, maintenance and transportation 
of unsettled pauper infants, for the present 
year and pre\'ious years, a sum not exceeding 
ninety-three thousand nine hundred dollars, . 93,900 00 



Total, 



$1,108,450 00 



Homestead 
Commission. 



Homestead Commission: 

512 For ser%aces of a stenographer, a sum not exceed- 

ing fifteen hundred dollars, .... $1,500 00 

513 For other services, printing, travelling expenses, 

office supplies and equipment, a sum not ex- 
ceeding eight hundred dollars, .... 800 00 

Total, $2,300 00 



Trustees, 
Massachusetts 
Training 
Schools. 



Trustees, Massachusetts Training Schools: 

514 For the services of the executive secretary and 
stenographer, a sura not exceeding forty-one 
hundred dollars, $4,100 00 

515 For services other than personal, including print- 

ing the annual report, travelling and other ex- 
penses of the members of the board and em- 
ployees, office supplies and equipment, a sum 
not exceeding fifteen hundred dollars, . . 1,500 00 

Boys' Parole: 
Boys' Parole. QiQ for personal services of agents in the division 
for boys paroled and boarded in families, a 
sum not exceeding twenty-five thousand one 
hundred and seventy dollars, .... 25,170 00 

517 For ser\dces other than personal, including trav- 

elling expenses of the agents and boys, and 
necessary office supplies and equipment, a sum 
not exceeding fifteen thousand five hundred 
and fifty dollars, 15,550 00 

518 For board, clothing, medical and other expenses 

incidental to the care of boys, a sum not ex- 
ceeding twenty-five thousand two hundred 
and seventy-five dollars, 25,275 00 



Acts, 1920. — Chap. 225. 



237 



Item 



519 



520 



521 



Girls' Parole: 

For personal services of agents in the division of 
girls paroled from the industrial school for 
girls, a sum not exceeding twenty thousand 
five hundred eighty-seven dollars and fifty 
cents, 

For travelling expenses of said agents for the 
girls paroled, for board, medical and other care 
of girls, for services other than personal, for 
office supplies and equipment, a sum not ex- 
ceeding seventy-eight hundred and fifty dol- 
lars, 

For reimbursement of cities and towns for tui- 
tion of children attending the public schools, 
a sum not exceeding eighteen hundred dollars, 

Total, 



Girls' Parole. 



$20,587 50 



7,850 00 



1,800 00 
$101,832 50 



For the maintenance of the institutions 
under the control of the trustees of the 
Massachusetts Training Schools, with the 
approval of the said trustees, as follows: 

522 Industrial school for boys, a sum not exceeding 

one hundred forty-five thousand six hundred 
dollars, 

523 Industrial school for girls, a sum not exceeding 

one hundred forty-eight thousand two hun- 
dred and fifty dollars, 

524 Lyman school for boys, a sum not exceeding two 

hundred nineteen thousand four hundred 

dollars, 219,400 00 



Institutions 
under control 

$145,600 00 Massachusetts 
Training 
Schools. 

148,250 00 



Total, 



$513,250 00 



Massachusetts Hospital School: 

525 For the maintenance of the Massachusetts hos- 

pital school, to be expended with the approval 
of the trustees, a sum not exceeding one hun- 
dred thirty-three thousand one hundred and 
fifty dollars, $133,150 00 

526 For the purchase of land for the Massachusetts 

hospital school, a sum not exceeding fifteen 

thousand dollars, 15,000 00 



Massachusetts 

Hospital 

School. 



Total, 



$148,150 00 



State Infirmary: 
527 For the maintenance of the state infirmary, to be 
expended with the approval of the trustees 
thereof, a sum not exceeding eight hundred 
twenty-four thousand eight hundred and 
thirteen dollars, 



State 
Infirmary. 



$824,813 00 



238 



Acts, 1920. — Chap. 225. 



State 
Infirmary. 



Item 

528 
529 



530 



Department 
of Public 
Health. 
Division of 
AdtninistratioD. 



531 



532 



Division of 533 

Hygiene. 



534 



Division of 535 

Communicable 

Diseases. 



Division of 

Venereal 
Diseases. 



536 



537 
538 



539 



(This item omitted.) 

For the purchase of oil-burning equipment for 
the state infirmary, a sum not exceeding fifteen 
thousand dollars, $15,000 00 

For the purchase of real estate for the state in- 
firmary, a sum not exceeding thirtj^-six hun- 
dred and fifty dollars, 3,650 00 



Total, 



$843,463 00 



Service of the Department of Public Health. 

Division of Administration, as follows: 

For personal ser\'ices of the commissioner, 
health council and office assistants, a sum not 
exceeding twenty-one thousand one hundred 
dollars, . . $21,100 00 

For services other than personal, including print- 
ing the annual report, travelling expenses, 
office supplies and equipment, a sum not ex- 
ceeding ten thousand seven hundred dollars, . 10,700 00 
Division of Hygiene, as follows: 

For personal services of the director and assist- 
ants, a sum not exceeding eighteen thousand 
six hundred and forty-five dollars, . 18,645 00 

For services other than personal, travelling ex- 
penses, office supplies and equipment, a sum 
not exceeding twenty thousand dollars, . . 20,000 00 
Division of Communicable Diseases, as fol- 
lows: 

For personal services of the director, district 
health officers and their assistants, epidemi- 
ologist, bacteriologist and assistants in the 
diagnostic laboratory, a sum not exceeding 
fifty-five thousand five hundred dollars, . 55,500 00 

For services other than personal, travelling ex- 
penses, laboratory, office and other necessary 
supplies, including the purchase of animals and 
equipment, and rent of certain offices, a sum 
not exceeding twenty-two thousand dollars, . 22,000 00 
Division of Venereal Diseases, as follows : 

For personal services of the division, a sum not 

exceeding fifty-two hundred dollars, . 5,200 00 

For services other than personal, travelling ex- 
penses, office supplies and equipment, a sum 
not exceeding eleven thousand three hundred 
forty-two dollars and fifty cents, . . . 11,342 50 
Antitoxin and Vaccine Lymph, as follows: 

For personal services in the investigation and 
production of antitoxin and vaccine lymph and 
other specific material for protective inocula- 
tion, diagnosis of treatment, a sum not exceed- 
ing twenty-nine thousand seven hundred and 
forty doUars, 29,740 00 



Acts, 1920. — Chap. 225. 



239 



Item 
540 



541 



542 



543 



544 



545 



546 



547 



548 



549 



For other services, supplies, materials and equip- 
ment necessary for the production of antitoxin 
and