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

1 



ACTS 

AND 

RESOLVES 

PASSED BY THE 



dieneral ^0urt of P^assaclmsetts, 



IN THE YEAR 



1921 



TOGETHER WITH 

THE CONSTITUTION, THE REARRANGEMENT OF THE CONSTITU- 
TION, TABLES SHOWING CHANGES IN THE STATUTES; LAW 
APPROVED BY THE PEOPLE IN NOVEMBER, 1920, AND 
ACTS AND RESOLVES AND AMENDMENTS TO THE 
CONSTITUTION PASSED BY THE GENERAL 
COURT OF MASSACHUSETTS AT AN 
EXTRA SESSION, DECEMBER, 
1920, ETC., ETC. 



PDBLISHBD BY THE 

SECRETARY OF THE COMMONWEALTH. 




BOSTON: 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

32 DERNE STREET. 

1921. 



A CONSTITUTION 



FORM OF GOVERNMENT 



®l|p (Enrnmonuipaltli of ilaflsart)uartla 



PREAMBLE. 

The end of the institution, maintenance, and administra- objects of 
tion of government, is to secure the existence of the body s"^®™"^®"*- 
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 itTnlture!'^' 
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 OF 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 
XLVIII. 



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 
Commonioealth of Massachusetts. 

Article I. All men are born free and equal, and have 
certain natural, essential, and unalienable rights; among 
w^hich 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 duty 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 -v^orship. 

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 invest 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 risht Legislature 

,,. i-i'i •! !• .^. to enjoin 

to, and do, mvest 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 teaSiers" 
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 bv the subject to the support of Option as to 

11- 1 • "^ 1 i> 1 "^ 11' 1 p • 1 1 11 '^'"om parochial 

public worship, and or 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- protlc'tld'?'''^ 
wealth, shall be equally under the protection of the law: f ^"^j!^^:. 

1 J T . p . . Subordination 

and no subordination or any one sect or denomination to of one sect to 
another shall ever be established by law.] hiwted. 

IV. The people of this commonwealth have the sole Right of self 
and exclusive right of governing themselves, as a free, f^'ST*'''* 
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 Accountability 
being derived from them, the several magistrates and etc. 
officers of government, vested with authority, whether 
legislative, executive, or judicial, are their substitutes 

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

VI. No man, nor corporation, or association of men, Services ren- 
have any other title to obtain advantages, or particular pubuc being 
and exclusive privileges, distinct from those of the com- pecuiia^prilV 
munity, than what arises from the consideration of serv- lary offices'are 
ices rendered to the public; and this title being in ^^^^'^.^^£[1'^ 
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 definition 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, 1.50. 
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 Gush. 327. 
14 Gray, 155. 
16 Gray, 417,431. 

I Allen, 150. 

II Allen, 530. 



12 Allen, 223, 230. 
100 Mass. 544, 560. 
103 Mass. 120, 624. 
106 Mass. 356, 362. 



108 Mass. 202, 213. 
Ill Mass. 130. 
113 Mass. 45. 
116 Mass. 463. 



126 Mass. 428, 441. 

127 Mass. 50, 52, 
3.58, 363, 410, 413. 

129 Mass. 559. 



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^ureftotL 
a certain remedy, by having recourse to the laws, for all J-onipJ^tranT' 
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 8 Pick. 211. 
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- P(>ay^^*^' 
able to him; to meet the witnesses against him face to face, ^ gray, 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, 2 Ai'ien.'sei." 

J J M J ] • J £ 1 • 4. • 11 Allen, 238- 

imprisoned, despoiled, or deprived or his property, immu- 240, 264, 439, 
nities, or privileges, put out of the protection of the law, t2'Aiien, no. 
exiled, or deprived of his life, liberty, or estate, but by the 573'^'*®®' ^^^' 
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 M:iss. 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 anv law that shall Right to trial 
subject any person to a capital or infamous punishment, criminal cases, 
excepting for the government of the army and navy, with- 8 Gray, 329, 
out trial by jury. loiBMass. 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 vidnlty." 
securities of the life, liberty, and property of the citizen. m'Mass^ei, 62. 

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

, , "^ , , . PI- 1 • and seizure 

unreasonable searches, and seizures, oi his person, nis regulated. 
houses, his papers, and all his possessions. All warrants, Ame'nd'tiv'. 
therefore, are contrary to this right, if the cause or founda- | cush^seb. 
tion of them be not previously supported by oath or affir- }3*Gray,^454. 
mation, and if the order in the warrant to a civil officer, Jl^''«'"' ^,°^« 

' . 100 Mass. 13b, 

to make search in suspected places, or to arrest one or i39. 

.. • lu • X u + 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. 



CONSTITUTION OF TPIE 



Right to trial 
by jury saci-ed, 
except, etc. 
Const, of U. S., 
Amend't VII. 
2 Pick. 382. 

7 Pick. 366. 
5 Gray, 144. 

8 Gray, 373. 
11 Allen, 574, 
577. 

102 Mass. 45, 47. 



XV. 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. 



114 Mass. 388, 390. 
120 Mass. 320, 321. 



122 Mass. 505, 516. 

123 Mass. 590, 593. 



125 Mass. 182, 188. 
128 Mass. 600. 



Liberty of the 
press. 



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



Moral qualifica- 
tions for office. 



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. 

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. 

XVII. 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 
maintained without the consent of the legislature; and 
the military power shall always be held in an exact subor- 
dination to the civil authority, and be governed by it. 

XVIII. A frequent recurrence to the fundamental 
principles of tlie 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 
representatives: and they have a right to require of their 
lawgivers and magistrates an exact and constant observance 
of them, in the formation and execution of the laws neces- 
sary for the good administration of the commonwealth. 

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

^CTdthekw's XX. The power of suspending the laws, or the execu- 

or their execu- ^Jq^ of thc laws, ouglit ncvcr to bc exercised but by the 

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



Moral obliga- 
tions of law- 
givers and 
magistrates. 



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



COMMONWEALTH OF MASSACHUSETTS. 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- 

biite etc and 

in either house of 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- 

P , 1 1 i' • c J.' ' X J.1 • sions, and ob- 

for the redress ot grievances, tor correctmg, strengthening, jects 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 • , a 11 1 1 • 1 1 X 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, 42*'^2^'*^*- 
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,'etc°^ 
lature. 

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

. " . . . . . or hnes, and 

excessive bail or sureties, impose excessive fines, or inflict «"uei punish- 

, I • 1 , ments, pro- 

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

Protection from unreasonable bail, not to be the subject of an initiative or referendum 
jyetition. See amendments, Art. XLVIII, The initiative, 11, 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 an^hou^e,'" 
in time of war, such quarters ought not to be made but ""less, 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, tiXunTeSl^e^c. 
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. 677. 
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 office, 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 never 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 uf 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. 

TJie General Court. 

d^^arfmlnt Artlclc I. Thc 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;l 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^ts!*Art. 
shall return the same, together with his objections thereto, ^^^\- , 

. .. 'o J ^ .'I'or disapproval 

in writing, to the senate or house or representatives, m pr reduction of 
whichsoever the same shall have originated; who shall g9vernorin 
enter the objections sent down by the governor, at large, ating'^mon^eyT 
on their records, and proceed to reconsider the said bill or men't^'Art. 
resolve. But if after such reconsideration, two-thirds of lxiii, sect.s. 
the said senate or house of representatives, shall, notwith- passed by two- 

, T ,1 •! I • ,• , ,1 •, 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 j^°c ^^g*'®?*^? 
or resolve shall not be returned by the governor within joumment of 
five days after it shall have been presented, the same shall court within 

have the force of a law. 3 Mass. 567. iJumlnd^^' 

III. The general court shall forever have full power ™'"'*^' ,'^'"*- ^; 

,. , . •!• •! General court 

and authority to erect and constitute judicatories and may constitute 
courts of record, or other courts, to be held in the name courts of rec- 
of the commonwealth, for the hearing, trying, and deter- 8";'ray!'i. 
mining of all manner of crimes, offences, pleas, processes, {54^'^^^' ^*^' 
plaints, actions, matters, causes, and things, whatsoever, ^^ents^Trt" 
arising or happening within the commonwealth, or between xlviii. The 

. .,,.. ... I initiative, II, 

or concerning persons inhabiting, or residing, or brought sect. 2, and The 

VI,- 4.1. I .lU xU U • • 1 • -1 referendum. 

Within the same: whether the same be criminal or civil, iii, sect. 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. 

100 Mass. 544, 
557 

llBMass. 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. 
SAllen, 247,253. 

10 Allen, 235. 

11 Allen, 268. 

12 Allen, 77, 
223, 235, 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 impose 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 



COMMON\\^ALTH OF MASSACHUSETTS. 13 

manner that has hitherto been practised, in order that for defence, 
such assessments may be made with equality, there shall s Alien, 247, 
be a valuation of estates within the commonwealth, taken valuation of 
anew once in everv ten Aears at least, and as much oftener estates once in 

, ' , ' , ten years, at 

as the general court shall order. least, while, etc. 

° . 8 Allen, 247. 

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

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

For the power given the general court to provide by law for absentee and compulsory 
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. XLVII. 



CHAPTER I. 

Section H. 

Senate. 

Article I. [There shall be annually elected, by the Senate, number 
freeholders and other inhabitants of this commonwealth, wh^ elected. 
qualified as in this constitution is provided, forty persons amendment^^ 
to be councillors and senators for the year ensuing their ^thVch^was also 
election; to be chosen bv the inhabitants of the districts superseded by 

• . . amendments, 

into which the commonwealth may, irom time to time, be Art. xxii. 
divided 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 public 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'^amend^'^''' 
cillors and senators to be chosen therein; provided, that x\7.*' ^'^*" 
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, d^trlcts! unt^f. 
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, viz.: — Suffolk, six; Essex, six; Middlesex, 
five; Hampshire, four; Plymouth," three; Barnstable, one; 
Bristol, three; York, two; Dukes County and Nantucket, 
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. 



Return of 
votes. 



As to cities, see 
amendments, 
Art. II. 



Time changed 
to first Wednes- 
day 01 January. 
See amend- 
ments. Art. X. 



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



II. Tlie 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 Monday in April,] for 
the purpose of electing persons to be senators and coun- 
cillors; [and at such meetings every male inhabitant of 
twTiity-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 liath 
his home. 

The selectmen of the several towns sliall 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 town 
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 A'otes against his name: and a fair copy of this 
record shall be attested by the selectmen and tlie 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 lea.st before [the last 
Wednesday in May] [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 May.] 

[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 



COMIVIONWEALTH OF JNIASSACHUSETTS. 15 

same privilege of voting for councillors and senators in the 
plantations where they reside, as town inliabitants have in 
their respective towns; and the plantation meetings for that Plantation 
purpose shall be held annually [on the same first INIonday Timeoteiec- 
in April], at such place in the plantations, respectively, as by°amX^ 
the assessors thereof shall direct; which assessors shall have ^^^s- ^it- 
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'.ine anV" 
five of the council, for the time being, shall, as soon as may ^^^XLsue^' 
be, examine tJie returned copies of such records; and four- siimmoiises. 
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"'^"*^' 
inglv: provided, nevertheless, that for the first vear the Majority 

' cnan26Ci to 

said returned copies shall be examined by the president and plurality by 

r> c J 1 •! p j^i j> ,•■ ,• i» amendments, 

five or the council or 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 fiectiinsfetc^, 
out in the constitution ; and shall, [on the said last Wednes- ^ Jmb°ers'! 
day in May] [annually,] determine and declare who are ^ firet''^"^'"^ 
elected bv eacli district to be senators [bv a maioritv of Wednesday of 

' 1 • 1 1 11 1 1 " n II January by 

votes; and m 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- '^\^"l^f *§ 
lowing manner, viz.: The members of the house of repre- amendnients, 
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 tliere 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. 

xxir. 



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 which 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. Tlieir 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. 

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



CHAPTER I. 

Section III. 

House of Representatives. 

5ThfSpie°" 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 chSn/ ^ ^^ 
of equality, every corporate town containing one hundred amendmentb^^ 
and fifty ratable polls may elect one representative; every xm.wMclb"^ 
corporate town containing three hundred and seventy-five ^'^'e aisp 

r o _ •' supeisoded by 

ratable polls may elect two representatives; every corporate amendments. 
town containing six hundred ratable polls may elect three 7 Mass. 523. 
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 

1 ■ 11 1 nf 11 11 1 towns having 

not havmg one hundred and nrty 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 fravemngfo 
returning home, once in every session, and no more, shall g",'4r!",'J"ourt, 
be paid by the government, out of the public treasury, to how^ p^w.^ 
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 o"a'!epr^°"^ 
be chosen by written votes; [and, for one year at least next ^ew provision 
preceding his election, shall have been an inhabitant of, and as to residence. 
have been seised in his own right of a freehold of the value ments, Art. 
of one hundred pounds within tlie town he shall be chosen Property quai- 
to represent, or any ratable estate to the value of two hun- |^^^^'°^"^ ^''°'" 
dred pounds; and he shall cease to represent the said town amendments, 
immediately on his ceasing to be qualified as aforesaid.] 

IV. [P^very male person, being twenty-one years of age. Qualifications 

- , *", ,. .'i^ * i^oiu voter. 

and resident in any particular town in this commonwealth These provi- 
for the space of one year next preceding, having a freehold geXd^y 
estate within the said town of the annual income of three Arts"iii?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 xxxiiand 
representatives for the said town.] 

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

V. [The members of the house of representatives shall t^,^PJ°-;?heu' 
be chosen annually in the month of May, 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 
days. 

See amend- 
ments, Art. Lll. 

Quorum. 
See amend- 
ments. Arts. 
XXI and 
XXXIII. 
To judge of 
returns, etc., of 
its own mem- 
bers; to choose 
its officers and 
establish its 
rules, etc. 
May punish 
for certain 
offences. 
14 Gray, 226. 



Privileges of 
members. 



Senate. 
Ciovernor 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 change to 
election, he shall have been an inliabitant of this common- ^onsl'sL*^'^ 
wealth for seven years next preceding; [and unless he shall AT'Lxivf' 
at the same time be seised, in his own right, of a freehold, sects. 1-4. 
within the commonwealth, of the value of one thousand see\mend° ^' 
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 

J 1 j_ j_' 'j^i • j_i 1 J. e chosen, if he 

senators and representatives withm the several towns 01 haveamajor- 
this commonwealth shall, at a meeting to be called for that se^e am^e°nd-' 
purpose, on the [first Monday of April] [annually,] give in xlv!' '^'^*' 
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'LnenT' 
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^amelid?^'" 
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 As to cities, see 
said meeting; and shall, in the presence of the inhabitants, Art*!'ii™*"' '*' 
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 wed^sdayof 
Wednesday in May]; or the selectmen may cause returns of f^endm^nte, 
the same to be made to the office of the secretary of the ^^t. 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 JMay], 
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 amendmente, 

Art. XIV. 



20 



CONSTITUTION OF THE 



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



Pov. er 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 note-;- 
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 ad\'ice 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 May.] 

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; 



COMi\ION\\TEALTH 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 

, •ii>ii> 1 1 council may 

as persons may be convicted or before the senate by an pardon 
impeachment of the house, shall be in the governor, by except, etc. 
and with the advice of council; but no charter of pardon. But not before 
granted by the go^'erno^, with advice of the council before ^ogM^iTsi's. 
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 cers^etc, how 
solicitor-general, [all sheriffs,] coroners, [and registers of pro- aplS>fnUd! """"^ 



22 



CONSTITL'TION 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. 



Vacancies, 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. IV. 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 tlie 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 appointetl 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 commonwealth for the 
time being.] 

The commanding officers of regiments shall appoint their 
adjutants and quartermasters; the brigadiers their brigade- 
majors; and the major-generals 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 



returns. 



COISIjMONWEALTH of MASSACHUSETTS. 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 dra^^n from the 
this commonwealth, and disposed of (except such sums as gxc^^f ^jc 
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 f i-om 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 

• ±_ 1* ai i?ii* • Jx 1,1 boards, etc., to 

perintendmg omcers oi pubhc magazines and stores, belong- make quarterly 
ing 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, 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, Tlie initiative, II, sect. 2, and The referendum, III, 

sect. 2. 

eniargSu^^ 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. 



CHAPTER II. 



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, 



Section IL 

Lieutenant-Govern or. 

Article I. There shall be [annuallyl 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 Manner of settling Elections by the Legis- 
lature. 

Article I. There shall be a council for advising the Council. 
governor in the executive part of the government, to consist OTuncirior''s^ 
of [nine] persons besides the lieutenant-governor, whom the efgM^'^'^ *° 
governor, for the time being, shall have full power and ment^Trl" 
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 Sow'^Wn. 
the last Wednesday in ]\Iay, by the joint ballot of the sen- fn^SinL. 
ators and representatives assembled in one room; and in Arts^. xand 
case there shall not be found upon the first choice, the whole Superseded by 

1 p . 1 -ii , , • .1 •! amendments, 

number or nme persons who will accept a seat in 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 come^coundi-" 

the persons thus elected from the senate, and accepting the l^'^?' ^^"''^ f^^^^ 

* , ,, , 1 • 1 1 i^ o to be vacated. 

trust, shall be vacated m the senate.] 

III. The councillors, in the civil arrangements of the ^^'J,'^?/^ 
commonwealth, shall have rank next after the lieutenant- 
governor. 

IV. [Not more than two councillors shall be chosen out ha°ve 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 office of the governor and lieutenant- ^x°"ci^gthe 
governor sliall 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, annufied'and 
and execute, all and every such acts, matters, and things, as Im^endments,^ 
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 provi.sion 
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, Ccmimissary, 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. 

Lmmfssfoned Artlcld I. The tcnurc, that all commission officers shall 
ifvre&s^^" ^y ^^^ have in their offices, shall be expressed in their 
Judicial officers rcspcctivc commissious. All judicial officers, duly aj>- 



COMMONWEALTH OF MASSACHUSETTS. 27 

pointed, commissioned and sworn, shall hold their offices during good 
during good behavior, excepting such concerning whom there cept%\c.' ^"^ 
is different provision made in this constitution: provided, renio™^cion 
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. XLVIH, The initiative, II, sect. 
2, and Tlie referendum. III, sect. 2. 

For retirement of judicial oflicers, see amendments. Art. lA'III. 

II. Each branch of the legislature, as well as the Justices of su- 

J -1 1- 11 U a.1 -J. J. • preme judicial 

governor and council, shall have authority to require court to give 
the opinions of the justices of the supreme judicial court, required.'' 
upon important questions of law, and upon solemn occa- }26MassJ57; 
sions. ^^'■ 

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

• , a ' "^ • a 1 1 peace; tenure 

long continuance in place or any justice or the peace wno 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 

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

p ... .„ , I justices of the 

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

IV. The judges of probate of wills, and for granting ^^fj-'^'*'"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 d^jvorce^'^and 
appeals from the judges of probate, shall be heard and j^'^™^""^,;^. 
determined by the governor and council, until the legislature visions made 
shall, by law, make other provision. ne Mass. 317. 105 Mass. 327. 



CHAPTER IV. 

DELEGATES TO CONGRESS. 

[The 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.] 



Harvard 
College. 



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



All gifts, 
grants, etc., 
confirmed. 



CHAPTER V. 

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 Fellow^s 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 hinidred 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 \lll\ P^- 
deemed, their successors, who, with the president of Harvard l^gg' fig' 
College, for the time being, together with the ministers of lo^Moi^^oo 
the congregational churches in the towns of Cambridge, 1894; i6b'. 
Watertown, Charlestown, Boston, Roxbury, and Dorchester, igoeiifti. 
mentioned in the said act, shall be, and hereby are, vested 1902! 243'. ^^^' 
with all the powers and authority belonging, or in any way J^j"' gij 
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 thTiegLTa'ttire.° 
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 IVIassachusetts Bay. 



CHAPTER V. 

Section II. 

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 magistrates in 
preservation of their rights and liberties; and as these depend peJods"* 
on spreading the opportunities and advantages of education ^o"" f^ither 

I . / 1' , 1 I ^ i.r,. provisions as to 

m the various parts or the country, and among the difierent public schools, 
orders of the people, it shall be the duty of legislatures and meifts" Art's. 
magistrates, in all future periods of this commonwealth, to xlv/.''"'^ 
cherish the interests of literature and the sciences, and all 503^"*'"' ^°°" 
seminaries of them; especially the university at Cambridge, i03Mass. 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. 



Oaths, etc. 



Abolished. 
See amend- 
ments, Art. 
VII. 



Declaration 
and oaths of 
all officers. 



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



CHAPTER 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 reli- 
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 paths 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 words, 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?Trt' vi. 
people called Quakers, and shall decline taking the said 
oath[s], he shall make his aiSBrmation 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] " sic ear 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 tlie governor, lieutenant-governor, and coun- how adminis- 
cillors, before the president of the senate, in 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 — 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 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 



COMMONWEALTH 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 Vaiueof money 
this constitution, the value thereof shall be computed in ^'^'^'^ '^'"^ 
silver, at six shillings and eight pence per ounce; and it shall g^t^ns^^"^'*' 
be in the power of the legislature, from time to time, to be increased. 

, TP • f 1 bee aniencl- 

mcrease such qualincations, as to property, or the persons to ments. Arts. 
be elected to offices, as the circumstances of the common- xxxi\\ 
wealth shall require.] 

IV. All commissions shall be in the name of the Com- Provisions 
monwealth of Massachusetts, signed by the governor and cot^issmns. 
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 licTay^u. 
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, [^°JJ^';;?"f^t'°" °f 
used, and approved in the Province, Colony, or State of l^^^f^^^ ^^^g^- 
Massachusetts Bay, and usually practised on in the courts of 2 Mass. 5,34. 
law, shall still remain and be in full force, until altered or le Pick. I'oV, 
repealed by the legislature; such parts only excepted as 2 Met. ns. 
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, e.\- 
free, easy, cheap, expeditious, and ample manner; and shall '^'^p*' *'*^''- 
not be suspended b\' 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 commonw^ealth from a change of the ment continued 
form of government, all officers, civil and mihtary, 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 
publisliing this 
constitution. 



all the powers and authority to them granted or committed, 
until other persons shall be appointed in their stead; and 
all courts of law shall proceed in the execution of the business 
of their respective departments; and all the executive and 
legislative officers, bodies, and powders 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 with his objections, as provided by meantime. 
the constitution, such bill or resolve shall not become a law, SeeConst.,ch. 
nor have force as such. ^' ^ ^' '^'''' ^^^ 

Art. II. The general court shall have full power and ^powireTto 
authority to erect and constitute municipal or city govern- j2rMasf Im' 
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 Qualifications 
and upwards, excepting paupers and persons under guardian- fovemll!"^ 
ship, who shall have resided within the commonwealth one go"erno"*' 
year, and wathin the town or district in which he may claim senators and 
a right to vote, six calendar months next preceding anv tives. 

1 , . P 1 • J J , o I. ggg amend- 

eiection or governor, lieutenant-governor, senators, or repre- ments, Arts. 
sentatives, [and who shall have paid, by himself, or his xxxii, xl 
parent, master, or guardian, any state or county tax, which n pidc^lss. 
shall, within two years next preceding such election, have 14'^pici- 34, 
been assessed upon him, in any town or district of this com- 5\ipt'*''ief Igg 
monwealth; and also every citizen who shall be, by law, 591,594. 
exempted from taxation, and who shall be, in all other 122'Ma^s. 595, 
respects, qualified as above mentioned,] shall have a right to 124 Mass. 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 in 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, appoi°ited 

and removed. 



36 



CONSTITUTION OF THE 



See amend- 
ments, Art. 
XXXVII. 



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

This clause 
superseded by 
amendments. 
Art. XVII. 



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



Militia officers, 
how removed. 



Who may vote 
for captains and 
subalterns. 



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



Proviso. 

Quakers may 
affirm. 



Tests abol- 
ished. 



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 advice 
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. 

All officers commissioned to command in the militia 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. 

Art. V. [In the elections of captains and subalterns of 
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 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 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 prescribed in the preceding article, and the 
oath of office, shall be required of the governor, lieutenant- 



COMMONWEALTH 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 123'Mass. 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 comm.onwealth, (except 
the court of sessions,) nor the attorney-general, solicitor- 
general, county attorney, clerk of any court, sheriff, 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 
ticular amendment or amendments to the constitution be how made. ' 
proposed in the general court, and agreed to by a majority Jrmuiied"by 
of the senators and two-thirds of the members of the house oe'ierai'pro-' 
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 *-^''^/"®"''®7t- 
Wednesday of January, instead of the last Wednesday of cai year. 
May; and the general court shall assemble every year on sionfor 
the said first W'ednesday of January, and shall proceed, at ami^iiy"^ 
that session, to make all the elections, and do all the other ^^Int^Art' 
acts, which are by the constitution required to be made and ^^i^- ^^''t- ^- 



38 



CONSTITUTION OF THE 



Termination 
of political 
year. 



Governor, etc., 
to be elected 
biennially. 
See 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 

annulled. 



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 Monday 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 Monday 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 May, 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 Sm' 
rights, the following modification and amendment thereof f^^ j^ec^'^of 
is substituted : — Rf ^^s, Art. 

"As the public worship of God and instructions in piety, Seeamend- 
religion, and morality, promote the happiness and pros- XLyl'and"' 
perity of a people, and the security of a republican govern- fnitiative, nf 
ment; therefore, the scA^eral religious societies of this com- referfndumTm, 
monwealth, whether corporate or unincorporate, at any s^*^*-^- 
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 pa;vTnent 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 • lie 11 1 .Die polls to be 

the citizens 01 this commonwealth, rounded upon the prm- taken in is37 
ciples of equality, a census of the ratable polls, in each city, thereafter. 
town, and district of the commonwealth, on the first day of waf superseded 
May, shall be taken and returned into the secretary's office, m^ntTfArt. 
in such manner as the legislature shall provide, within the ^as ais'^^super- 
month of May, in the vear 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 apportioned. 
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^ polls, 
polls, at the last preceding decennial census of polls, shall be se^nledT'^ 
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 rep- 
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 hundred 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 tlie 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.] 



COMMONWEALTH OF MASSACHUSETTS. 41 

Art. XIII. [A census of the inhabitants of each city and halt's to'be 
town, on the first day of May, shall be taken, and returned ^^d^d^^ennf' 
into the secretary's office, on or before the last day of June, ^"/i^^fg ^f *®'"' 
of the year one thousand eight hundred and forty, and of representation. 
every tenth year thereafter; wliich census shall determine to^rnsCs'^su- 
the apportionment of senators and representatives for the amendmente, 
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 fJsIJfators'^ 
tenth year thereafter, the governor and council shall assign |Xndment^,^ 
the number of senators to be chosen in each district, accord- Art. xxii. ' 
ing to the number of inhabitants 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 p 11 . T-i J 'j^ sentatives, how 

apportioned in the tollowing manner: hvery town or city apportioned. 
containing twelve hundred inhabitants may elect one repre- fepr'Sfentatfv^ 
sentative; and two thousand four hundred inhabitants shall ame^ndment^f 
be the mean increasing number, which shall entitle it to an Art. xxi. 
additional representative. 

Every town containing less than twelve hundred inhab- Smaii towns, 
itants shall be entitled to elect a representative as many seated. 
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 ma^', by consent of Towns may 

V . „ , , , 1*^ 1 • • unite into 

a majority of 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 IndTa^t^o'^or"' 
which shall entitle a town or city to elect more than one, "^"'^^'^s^- 
and also the number by wliich 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 
onco 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. 59.5, 
598. 

For change to 
biennial elec- 
tions, see 
amendments. 
Art. LXIV, 
Beets. 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, wTthin ten years, any tow^n may elect a repre- 
sentative, which is not entitled to elect one every year; and 
the governor shall cause the same to be published forth^\'ith. 

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. XrV. 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 JNIASSACHUSETTS. 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- "t^ °^ '''®''"°°' 
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 lorliew pro- 
same manner as is required for filling vacancies in the senate ; vacancLV see 
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 mlnt°^*"^"' 
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,] ^re^uTer,' 
on the day in November prescribed for the choice of gov- autrney-Ten- 
ernor; and each person then chosen as such, duly qualified ^o^/*^** 
in other respects, shall hold his office for the term of [one For election 
year] from the third Wednesday in January next thereafter, seTamend-^ "* 
and until another is chosen and qualified in his stead. The lxiv', ^e^^'. i. 



44 



CONSTITUTION OF THE 



For compulsory 
voting, see 
amendments, 
Art. LXI. 



Vacancies, 
how filled. 



To qualify 
within ten 
riays, 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, sliall 
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 office 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. 1 

Art. XIX. The legislature shall prescribe, by general 
law, for the election of sherift's, 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. 



COMMONWEALTPI OF MASSACHUSETTS. 45 

Ar t,. XX. No person shall have the right to vote, or be Reading consti- 
eligible to office under the constitution of this common- Engiish'lnd 
wealth, who shall not be able to read the constitution in the ^ryquaiific?" 
English language, and write his name: provided, however, ProvisI^"*'''^^" 
that the provisions of this amendment shall not apply to f°at?ons,''s''eL'''''' 
any person prevented by a physical disability from comply- amendments, 
ing with its requisitions, nor to any person who now has the See'aisoamend- 
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^amemi-'' 

For absentee voting, see amendments. Art. XLV. ^®P^S' ■'^'"'• 

Art. XXI. A census of the legal voters of each city and ^0"/^^^^°^^^^ 
town, on the first day of INIay, 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 Near 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 representati\'es shall consist of two hundred l^ntau^L'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- Legislature to 
tion as aforesaid, to the scNeral counties of the common- 10 Gray, 613. ' 
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 siiaii 
the duty of the secretary of the commonwealth, to certif\', cers 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 ]\Iay, 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 ;v'ear 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 



COMMONWEALTH OF MASSACHUSETTS. 47 

district to contain, as nearly as may be, an equal number of afslHcterltc. 

legal voters, according to the enumeration aforesaid: j^^^' Seeamend- 

vided, 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 

. . oi senators. 

shall elect one senator, who shall have been an inhabitant 
of this commonwealth five 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 common w'ealth. [Not Quorum. 
less than sixteen senators shall constitute a quorum for do- n^ent™ Xt' 
ing business; but a less number may organize temporarily, ■^^^"^• 
adjourn from day to day, and compel the attendance of 
absent members.l 

Art. XXIII. [No person of foreign birth shall be entitled Residence of 
to vote, or shall be eligible to office, unless he shall have 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- make eligible 
wise qualified, according to the constitution and laws of xhts^aTticie 
this commonwealth: provided, that this amendment shall not l^t^xxvi' 
affect the rights which any person of foreign birth possessed 
at the time of the adoption thereof; and, provided, furiJier, 
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 S'senLte'" 
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 ° "ounci . 
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 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 JSe^f^*"''^ 
amendment of the constitution of this commonwealth, which ^Jf^^ifj^^"*^ 
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 of any child of 
a citizen of the United States, born during the temporary 
absence of the parent therefrom," is hereby wholly 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 
Harvard College, is hereby annulled. 

Art, XXVIII. 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 ix)wer 
and authority to provide for the inhabitants of the towns in 
this 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. 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 town, — 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 

. . „ , 11* amendments, 

merits or the constrtutron or the commonwealth as rs con- Art. rrr, reia- 
tained in the following words: "and who shall have paid, mentZFl^lx 
by himself, or his parent, master, or guardian, any state or quaiifi°cat"ion, 
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 who shall 
be, in all other respects, qualified as above mentioned ", is 
herel^y annulled. ' 

Art. XXXIII. A majority of the members of each branch Quorum, in 
of the general court shall constitute a quorum for the trans- the general 
action of business, but a less number may adjourn from day sist'^of a° ^°"' 
to day, and compel the attendance of absent members. All membere.°^ 
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 Arrn,°§'''i°^ 
chapter two of part the second of the constitution of the p^^p rr, r^art 

, , . • 1 • 1 f 1 1 • 1 ^^' relative to 

commonwealth as rs contarned in the loUowing words : property quaii- 
"and unless he shall at the same time be seised, in his governor, 
own right, of a freehold, witliin the commonwealth, of the '"^"'^ ® " 
value of one thousand pounds"; is hereby annulled. 

Art. XXXV. So much of article two of section three of Art'l'rTin 
chapter one of the constitution of the commonwealth as is c^ap. i, reia- 

. 1 . 1 (. 11 • 1 ic ^r^^ o 11 • tive to expense 

contained rn the lollowmg words: ihe expenses or travelling of travelling to 
to the general assembly, and returning home, once in every assembly by 
session, and no more, shall be paid by the government, out Sf,S^a'^nuVed! 
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 Removal of 

n. . /. , 1 1 , . 11. certain officers. 

, may remove justrces or the peace and notarres publrc. 

Art. XXXVIII. Voting machines or other mechanical machmes may 
devices for voting may be used at all elections under such eiecdons^*^ 
regulations as may be prescribed by law: -provided, however, votin°™see^''"'^^ 
that the right of secret voting shall be preserved. amendments, 

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



50 



CONSTITUTION OF THE 



Proviso. 



Amendments, 
Art. III. 
amended. 



Taxation of 
wild or forest 
lands. 



Referendum. 
This article 
annulled and 
superseded by 
amendments, 
Art. XLVHI, 
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 
imposing 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 highway 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 line 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 polls 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 dift'erent 
classes of property, but shall be levied at a uniform rate 



COMMONWEALTH OF MASSACHUSETTS. 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;y'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 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- to'provid'Tby 
wealth who, at the time of an election, are absent from the sentervoUng 
city or town of which they are inhabitants in the choice of For compulsory 

V ^ voting SGG 

any officer to be elected or upon anv question submitted at amendments. 

I I . " Art. LXI. 

such election. 

Art. XLVI. (In place of article XVHI of the articles No law to pro- 
of amendment of the constitution ratified and adopted ciseofTeli^on. 
April 9, 1821, the following article of amendment, sub- ment^shaiTnot 
mitted by the constitutional convention, was ratified and of an*initL\Tve 
adopted November 6, 1917.) Article XVHI. Section 1. amendment. 

TkTi 1111 ii'i*' 1 i> • i> see amend- 

No law shall be passed prohibiting the tree exercise or ments, Art. 

... •* ■^ ° XLVni, The 

religion. initiative, II, 

Section 2. All moneys raised by taxation in the towns PubUc money 
and cities for the support of public schools, and all moneys "°M° ^^ '^\ 
which may be appropriated by the commonwealth for the educational, 
support of common schools shall be applied to, and ex- rehgiousor 
pended in, no other schools than those which are conducted ti^oM nof'*" 
according to law, under the order and superintendence of public (^wnlJ- 
the authorities of the town or city in which the money is ship and 

*' ^ , "^ _ control, etc. 

expended; and no grant, appropriation or use of public Credit of the 



com mon- 



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 ^ct. i. ' 
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 
services, 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. 

Se^ction 3. Nothing herem contained shall be construed 
to prevent the commonwealth, or any political division 
thereof, from paying 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 MASSACHUSETTS. 53 



The Initiative. 
//. Initiative Petitions. 

Section 1. Cmitenis. — An initiative petition shall set Consents of 
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 f^^^^^^^^li 
to religion, religious practices or religious institutions; or to bepropoeed 
the appointment, qualification, tenure, removal, recall or petition '^* 
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 court, when a 
court shall raise by taxation or otherwise and shall appro- by thVpS^pie! 
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 so-caiied (Art. 
October in the year nineteen hundred and eighteen, nor this to be I'nhfLt 
provision for its protection, shall be the subject of an initia- amrndment. 
tive amendment. 

No proposition inconsistent w^ith any one of the following Certain indi- 
rights of the individual, as at present declared iii the dec- not to be 
laration of rights, shall be the subject of an initiative or fnitSLeor 
referendum petition: The right to receive compensation petition.^™ 
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 excludmg any ^"^t'jf^ 
matter from the operation of the popular initiative and matters. 
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 ^^-^j^^i^e 
court in the constitution shall extend to the legislative power limitations 
oi 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 Originaiing. — 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 Wednesday 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. 



///. Legislative Action. General Provisions. 

Section 1. Reference to Commitlee. — 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 wdth 
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 MASSACHUSETTS. 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. 

IV. 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, substuutl!'^"'^ 
and an amendment introduced by a member of either house 
shall be designated a legislative substitute or a legislative 
amendment. 

Section 2. Joitit Session. — If a proposal for a specific Joint session 
amendment of the constitution is introduced into the general amemfment to 
court by initiative petition signed by not less than twenty- ^jj^e^^o^stitu- 
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 ^^^l' 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. 

Sections. Amendment of Proposed Amendments. — A ^^0?°?^^ 

IP 1 ilji ±'1 • ' ^ amendment 

proposal tor an amendment to the constitution introduced totheconsti- 
by initiative petition shall be voted upon in the form in in whi'cirto'be 
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 bJtaTin°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 naj^, to be entered in like manner. At such Reference to 
joint session a legislative amendment receiving the afiirma- next general 



56 



CONSTITUTION OF THE 



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



When 

amendment 
becomes part 
of the con- 
stitution. 



tive votes of a majority of all tlie 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. 



When measure 
becomes law 
and takes 
effect. 



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 nays 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 following 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 commonw^ealth shall submit such 
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 



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 \\^^^/^ 1^]^' 
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, ^^"""^aith. 
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 ^diitemitive 
amendments or of laws approved bv the people at the same ^^^^J^'"!^-,, 

Ill 1 ' n- 'i 1 •• which shall 

election are held to be in conflict, 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 shaU 
govern any law approved at the same election. 

The general court, by resolution passed as hereinbefore General court 

, p ,, •! i? • 1 1 • .• to provide for 

set forth, may provide tor grouping and designating upon grouping, etc, 

the ballot as conflicting measures or as alternative measures, bfilot. 

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 constitutional amend- Proviso. 

ment and a proposed law shall not be so grouped, and that the 



58 



CONSTITUTION OF THE 



Only measure 
receiving 
largest affirma- 
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 effect. 



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- 
\dded. 

II. 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 MASSACHUSETTS. 59 



///. Referendum Petitions. 
Section 1, Contents. — K referendum petition may ask Contents of 

I 1 111 referendum 

tor a reterendum 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 

• J. J. i*c X' X 1 I.' of a referendum 

appointment, qualincation, tenure, removal or compensation petition. 
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 f^rthe°suf- 
referendum on a law, and requesting that the operation of fawanda^* 
such law be suspended, shall first be signed by ten qualified [f/eTSm ^™ ' 
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 thTclmmon- 
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 followmg state election, 
unless in the meantime it shall have been repealed; and if Votes neces- 

Scirv 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 provided in 



60 



CONSTITUTION OF THE 



Petitions for 
referendum on 
an emergency 
lav/ or a law 
the suspension 
of which is not 
aeked 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 Rejerendum on an Emergency 
Law or a Law the Suspension 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. 
7. 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 



COMMONWEALTH OF IMASSACHUSETTS. HI 

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- 

, . • 1 I 1 j^i _L 1 1 ' late petitions 

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. 

//. Limitation on Signatures. 

Not more than one-fourth of the certified signatures on Limitntion on 
any petition shall be those of registered voters of any one ^^s'^'*''""*- 
county. 

III. Form of Ballot. 

Each proposed amendment to the constitution, and each Form of 

1 • 1 1 1 '111 1 •! 1 1 1 II question on 

law, submitted to the people, snail be described on the ballots ballot, 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 type, 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. Injormation for Voters. 

The secretary of the commonwealth shall cause to be Certain in- 
printed and sent to each registered voter in the common- v'otCT^^to'be"^ 
wealth the full text of every measure to be submitted to the g^retSy of 
people, together with a copy of the legislative committee's ^^'gaith""'""' 
majority and minority reports, if there be such, with the 



YES. 




NO. 





YES. 



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 
pr6vided 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. 

J I. The General Court's 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 he 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, 
eto. 



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 payment 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. 



COMMONWEALTH OF MASSACHUSETTS. 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 ma"ks, 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 ^cms.'* 
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 H of the Certain articles 
constitution, the last two paragraphs of Article IV of the annulled 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. f/avafdmcere, 
All military and naval officers shall be selected and appointed an^ r'l^oted''^ 
and may be removed in such manner as the general court etc. 
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 commissions 
shall be commissioned by tlie governor. 

Art. LIV. Article VH of Section I of Chapter H of the Certain article 
constitution is hereby annulled and the following is adopted annulled and"^ 
in place thereof: Article VH. The general court shall pro- MmtaTyltd 
vide by law for the recruitment, equipment, organization, naval forces, 

., ... .. 'o J recruitment 

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 aiurt, 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 HI of Chapter II of the Certain article 
constitution is hereby annulled and the following is adopted annulled and" 
in place thereof: Whenever the offices of governor and o^der^^'f^'' 
lieutenant-governor shall both be vacant, by reason of death, succession in 

office of 

absence from the commonwealth, or otherwise, then one governor, etc., 
of the following officers, in the order of succession herein Vacancy. 



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 
notarias 
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 
enterprises. 



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 w^ords:^ — ^ 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. Every 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 
provide 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 IVIASSACHUSETTS. 65 

Section 2. The commonwealth may borrow money to common- 

!• • • ,• ij>ij.i wealth may 

repel mv^asion, suppress msurrection, deiend the common- borrow money 
wealth, or to assist the United States in case of war, and p°ur^'se^s'° 
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 vot'e'of "'^^ 
money only by a vote, taken by the yeas and nays, of two- requiricf^lT* 
thirds of each house of the general court present and voting '^«"°^' 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°iinTited. 
for the reduction or discharge of the principal of the loan. 

Art. LXIII. Section 1. Collection of Revenue. — All <^°"®<=tio" "^ 

I 1 i> revenue. 

money received on account oi the commonwealth from any 
source whatsoever shall be paid into the treasury thereof. 

Section 2. The Budget. — Within three weeks after the The budget, 
convening of the general court the governor shall recom- <=°"^®"*^' ®**^- 
mend to the general court a budget Mhich 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, leans 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 formfet"^^ 
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 "nformatfo^n. 
department to furnish him with any information which he 
may deem necessary. 

Section 3. The General Approjniation 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 appropriaticjn 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. Siihmission 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 MASSACHUSETTS. 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 Members of 

1 • 1 p 1 • 1 1 111 . , the general 

durmg the term tor which he was elected be appomted to court not to 
any office created or the emoluments whereof are increased to certain 

!• 1, • ii-^-ii offic&s, nor 

durmg such term, nor receive additional salary or compensa- receive com- 
tion for service upon any recess committee or commission feT^fcom-"* 
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 th^'n t^nTy 
the commonwealth shall be organized in not more than ^ perfwrn^he 
twenty departments, in one of which every executive and ^^hiili'Vative 
administrative office, board and commission, except those '^°'^^ °f t^e 

' 1 •! common- 

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

' *' GXCGOt 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 
meet on the first Wednesday of the ensuing June. In the mean 
time the constitution was submitted to the people, to be adopted 
by them, 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 Government 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 1820-30 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 years 1832 and 1833, respectively, and was approved and 
ratified by the people November 11, 1833. 

The twelfth Ai'ticle 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 revise the Constitution. The Act was submitted to 
the people, and a majority voted against the proposed Convention. 
In 1852, on the 7th of May, 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 May, 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\'ing 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 years 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. 



COMIVIONWEALTH 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 years 1862 and 1863, and ratified by the people on the 
sixth day of April, 1863. 

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

The twenty-eighth Article was adopted by the legislatures of 
the political years 1880 and 1881, and was approved and ratified 
by the people on the eighth day of November, 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 daj^ of November, 1891. 

The thirtj'-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 years 1892 and 1893, and was approved and ratified by the 
people on the seventh day of November, 1893. 

The thirty-sixth Article was adopted by the legislatures of the 
political years 1893 and 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 years 1911 and 1912, and were approved and 
ratified by the people on the fifth day of November, 1912. 

The .forty-second Article was adopted by the legislatures of the 
political years 1912 and 1913, and was approved and ratified by 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 by 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 revising 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 revise, 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 
virtue of authority contained in the act, called upon the people 
to elect delegates at a special election to be held on the first Tuesdaj'^ 
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, secretary. After considering and acting 
adversely on numerous measures 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 fortjMiinth 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 subnntted 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 estabhsh 
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 by the legislatures of the 
political years 1895 and 1896, were rejected by the people at the 
annual election held on the third day of November, 1896.] 

[A proposed Article of Amendment to make Women eligible to 
appointment as Notaries Public, adopted by the legislatures of the 
political years 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.] 



INDEX TO THE CONSTITUTION. 



INDEX TO THE CONSTITUTION. 



A • PAGB 

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, every, 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 court, . . . . . 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 
a^ees 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 
imder initiative and referendum, and articles IX and XLII of amend- 
ments to constitution annulled, . . . . . . 65, 56, 62 

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

[75] 



76 



INDEX TO THE CONSTITUTION. 



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

no initiative petition allowed against, 

loan of public credit restricted by, .... 

commonwealth's credit not to be given for private purposes, 
Antiquarian interest, property of, preservation of, 



PAOB 

51,52 
53 
51 
64 
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, 
Appropriation bill, the general, to be based upon the budget, etc.. 
Appropriation bills, special, may be enacted after final action on general appro 
priation bill, ......... 

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

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

budget and regulation of money bOls, ..... 

Arguments for and against measures under the initiative and referendum to 

be sent the voters by the secretary of the commonwealth, 
Armies, dangerous to liberty, and not to be maintained without consent of 
the legislature, ......... 

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, 
Arrest, search and seizure, right of, regulated, 

warrant to contain special designation, 
Assembly, peaceable, the right of , . 

not a subject for initiative or referendum petition. 
Assembly of general court, frequent, .... 

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

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, ......... 

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

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

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, 
vacancy occurring during session of the legislature filled by joint ballot 

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



53,59 
65 

66 

18 

53,59 

65,66 

61 

8 
9 
8 

18 
7 
7 
8 

53 
9 

64 



43 

32,37 

44 



44 



INDEX TO THE CONSTITUTION. 77 



PAGE 



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 seyeral 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, imless 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 bj', 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 
Bill 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 

Bills, 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 
J 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, . 1 1, 34 
may be returned to general court by governor recommending amend- 
ment, ........... 64 

provision for submission of, to the people on referendum, . . .50, 62 

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 

Body politic, formation and natiu'e 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 hmited 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., .......... 48 

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, ..... 

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

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

Civil 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 exprassed 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 public 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 offices, 
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 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, 

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 j)etition 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 councillors 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 nresence of 

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

25 



25 

25 

32,37 

25,63 

63 

42 

42 

43 

64 

38,66 



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

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

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

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

to exercise the power of governor when office of governor and lieutenant 
governor is vacant; annulled, ...... 

authority to exercise powers of governor and lieutenant governor when 

both offices are vacant transferred to certain state officers, 
no property qualification required, ...... 

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

eligible to election if an inhabitant of state for five years preceding elec 
tion, .......... 

consent of, required to retire judicial officers for certain reasons, 
term of office; changed to biennial election, .... 

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 

referendum 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 

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



82 INDEX TO THE CONSTITUTION. 

PAQB 

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 

compensated 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 abolished, . . . . . 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, . . . . . . H, 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 commonwealth, 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 XLVI), ....... 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, 

first to be held in November, 1920, ...... 96 

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, 

E'a; posi /ado 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, ....... 



PAGB 

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 



G. 

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 shaU judge necessary, and whenever called by the 
governor, with tlie 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, ... 62, 54, 55, 56, 57, 59, 60 

shall raise and appropriate money to carrj" into effect laws enacted by 

the people, etc., .......... 53 



86 INDEX TO THE CONSTITUTION. 

PAOB 

General court, legislative power shall continue to be vested in, except, as 

provided by initiative and referendum petitions, etc., ... 52 
members of, not eligible for appointment to certain offices, except, etc., . 67 
provision for submission of bills and resolves of, to the people on referen- 
dum; and annulled, . . . 50, 62 
powers of, relative to the taking of land, etc., to relieve congestion of 

population and to provide hopies for citizens, .... 50 

to determine manner in which the commonwealth, cities and towns may 

provide food and shelter in time of war, etc., .... 52 

to provide by law for absent voting, ....... 51 

to provide for compulsory voting, ....... 64 

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, 34 
effect of adjournment of, upon items disapproved by governor in general 

appropriation bill, but not returned within five days, ... 66 
to take yea and nay vote on loans contracted by the commonwealth, 65 

to have authority to provide for compulsory voting at elections, . . 64 

to have power to limit buildings for use in cities and towns, ... 64 
to provide for taking certain natural resources, ..... 62 
may amend or repeal laws a})proved by the people subject to governor's 

veto and referendum, ......... 62 

may regulate taking of ancient landmarks and property of historical 

interest, ........... 63 

may prescribe by law for appointment and removal of military and naval 

officers, etc., .......... 63 

to provide for recruitment, etc., of military and naval forces, . . 63 

may authorize the governor to make regulations, etc., for the military 

and naval forces, ......... 63 

governor may return bill or resolve to, recommending amendment, etc., . 64 
governor to recommend to, term for which commonwealth loan shall be 

contracted, .......... 65 

shall assemble every year on the first Wednesday in January, . 66 

Government, objects of, . . . . . 3, 4, 5, 6 

Government by the people, as a free, sovereign and independent state, . 5 

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, 
qualifications, . . . . . 

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

should have an honorable stated salary, 

the commander-in-chief of the army and navy, but may not 

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, 31, 36 





Xi7, 

19, 


36, 


49 




19 


38, 


66 
23 


oblige 


them 










21, 


63 






22, 


63 






20, 


25 






32, 


37 



INDEX TO THE CONSTITUTION, 



87 



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 succe,ssion by secretary, attorney-general, 
treasurer and receiver general, and auditor, ..... 63 

with 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 officei-s 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 alimonj-, and 

appeals from judges of probate, etc., ...... 27 

officers serving directly imder, 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 



88 INDEX TO THE CONSTITUTION. 



H. 

PAOB 

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, 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 Ma.ssachusetts, 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 way, 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, .... IS 

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, ........... 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 

may, by concurrent vote, take a recess of not more than thirty days, . 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, ......... IS 



INDEX TO THE CONSTITUTION. 



89 



House of representatives, may require the attendance of secretary of the com- 
monwealth in person or by deputy, ...... 

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

clerk of, not to be a legislator, ....... 

meeting for election to be held on the Tuesday next after the first Monday 
of Novwnber, ......... 

members of, to be elected biennially, ...... 

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

to consist of two himdred and forty members, apportioned to the several 
counties equally, according to relative number of legal voters, 

conmaissioners to divide counties into representative districts of contigu- 
ous territory, but no town or ward of a city to be divided, 

no district entitled to elect more than three representatives, . 

board authorized to divide county into cUstricts, to be certified to by the 
secretary, the number of representatives to which the county is en- 
titled, ........... 



26 

27 
32 

42 
66 

42 

45 

45,46 
46 



46 



•* 



I. 



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

Income, tax on* general court may impose and levy, etc., 

Incompatible offices, ......... 

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, ..... 

"Inhabitant," the word defined, etc., ...... 

Inhabitants, census to be taken in 1865, and every tenth year there- 
after, 39,41, 

may be provided with food and shelter during time of war, exigency, 
etc., ............ 

Initiative (see also Referendum) : 

definition of, .......... . 

contents and mode of originating petition, ...... 

constitutional amendment petition, ...... 53, 



16, 18 

50 

32,37 

64 

64 

53 

61 
51 

52 

61 
6, 14 

45,46 

52 

52 
53,54 
54,65 



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 measm-e, .... 

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 signatiu-es 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 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 

tmiity of religious exercises of his own faith, etc., . 
Insolvency, commissioners of, elected by the people of the several counties 
and annulled, ......... 

Institution, not pubUcly owned, etc., grant of public money forbidden, 

for the deaf, dumb or bhnd, 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 CONSTITUTION. 



91 



J. 

PAGE 

Judges, appointment, recall or removal of, not subjects for initiative or referen- 
dum petition, .......... 63, 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 established by the general covut, . . 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 coimcil, 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 militia in 
actual service, subject to, except by authority of the legislature, 

protection 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 

8,9 

12 

69 

33 

9 

33 



92 INDEX TO THE CONSTITUTION. 



PAGE 



Laws, passed by the general court, 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 com^t, 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 ))opular referendum, ........ 52 

Learning, school or institution of, wherein any denominational doctrine 
is inculcated, not to be aidec, 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 ajmually 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. 

PAGE 

Magistrates and courts not to demand excessive bail, impose excessive fines, 

or inflict cruel punishments, ....... 9 

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

Major generals, elected by senate and house of representatives by concunent 

vote, 22 

may appoint their aids, ......... 22 

Marriage, divorce and alimony, ........ 27 

Martial law, only those employed in the army and navy, and the militia in 

actual service, subject to, except by authority of legislature, 9 

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

Matters, excluded, from initiative and referendum petitions, . . 53, 59 

Military power, subordinate to civil authority, ...... 8 

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

the state, ........... 21 

captains and subalterns, elected by the train-bands, .... 22, 36 

all members of companies may vote, including minors, .... 36 

field officers, elected by captains and subalterns, ..... 22 

brigadiers, elected by field officers, ....... 22 

major generals, elected by senate and house of representatives by concur- 
rent vote, ........... 22 

mode of election of officers to be fixed by standing laws, .22 

if electors refuse to elect, governor with advice of council may appoint 

officers, ........... 22 

officers commissioned to command may be removed as may be prescribed 

by law, ........... 22, 36 

appointment of staff officers, ........ 22 

organization; divisions, brigades, regiments and companies, . . . 22,23 

Militia and naval forces, recruitment, etc., of, . . .63 

Militia and naval officers, selection, appointment and removal of, 63 

Mineral resources and rights, consei-vation of, etc., ..... 62 

Minor, in publicly controlled reformatory, etc., not compelled to attend reli- 
gious services, etc., without consent of parent or guardian, 52 
Mode of originating initiative petitions, ....... 64 

Mode of petitioning for suspension of a law and a referendum thereon, 59 

Money, issued from treasury by warrant of governor, etc., . . . . 23 

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

eight pence per ounce, ........ 33 

borrowed, exi^enditure of, limited, ....... 65 

borrowed in anticipation of receipts from taxes, when loan shall be paid, 65 
all, received on account of the commonwealth to be paid into the treasury, 65 
bills appropriating, governor may disapprove or reduce any items or parts 

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

certain appropriations of, from treasury of the commonwealth, excluded 

from initiative and referendum petitions, . . . .53, 59 

bills to originate in the house of representatives, ..... 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 qualifications for office, ......... 8 

Municipal governments, authority given general court to create, ... 35 

N. 

Name, change of, by women notaries public 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, imder 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 legislature, ...... 

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 



PAGE 

Officers of the militia, etc., removal of, . . . . . 22, 36, G3 

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 publicly 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, ....... 

Political division, any, of the commonwealth, may pay for care or support fur- 
nished by privately controlled hospitals, etc., for the deaf, dumb or 

bhnd, .......... 

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 



53 

56 

7 



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, ...... 

Postmaster may hold state office, ....... 

Power to submit constitutional amendments and laws to the people for ap 
proval or rejection, ........ 

Preamble to constitution, ........ 

Preamble, emergency laws to contain, ...... 

President of the senate, choice of, ...... ■ 

to preside at joint session of the two houses on proposed constitutional 
amendments, ......... 

Press, freedom of the, not a subject for initiative or referendum petition, 
Press, Uberty of, essential to the security of freedom, .... 

Private association, etc., not to be given credit of the commonwealth, . 
Private property taken for public uses, compensation to be made for, . 
Private property appropriated to public use, right to receive compensation 

for, not a subject for initiative or referendum petition, . 
Private property within public view, advertising on, may be restricted, etc.. 
Privileges, no hereditary, ..... 

Probate courts, provisions for holding, 

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

judges may not hold certain other offices. 
Property, right of protection of, ... . 

no initiative or referendum petition contravening protection, 

income derived from various classes of, rates upon, how levied, 

of historical or antiquarian interest, preservation of, . 
Property qualification, may be increased by the legislature, 

partially abolished, ......... 

of governor, annulled, ........ 

Propositions, certain, not to be subject of an initiative or referendum pe- 
tition, ......... 

Prorogation of the general court, ....... 

Prosecutions for crimes and offences regulated, ..... 

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 exigency, etc., commonwealth, cities and towns 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). 
PubHc offices, right of people to secure rotation, 

all persons having the prescribed qualifications equally eligible, 
Public refigious worship, right and duty of, ... . 

Public trading amendment, so-called, ..... 

Public use, right to receive compensation for private property appropriated 
to, not a subject for initiative or referendum petition, 



50 
37 

52 

3 

58 

16 

55 
53 

8 
64 

6 

53 

62 

5 

27 

22,44 

37 

6 

53 

50,51 
63 
33 
42 
49 

53, 59 

20,38 

7 

33 

23 

51 
64,65 

52 
52 

6 

6 

4,52 

52 

53 



INDEX TO THE CONSTITUTION, 



97 



Public use, 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 inflicted, 



52 
62 
63 
62 
9 



Q. 

Quakers may make affirmation, ....... 

Qualification of persons to be elected to office may be increased by the legisla- 
ture. 
Qualification, property, of governor, abolished, 

partially abolished, 
Qualifications, of a voter, ..... 14, 17, 35, 



of governor, 

of lieutenant governor, 

of councillors, . 

of senators, 

of representatives, 

of secretary, treasurer, auditor and attorney-general, 
Qualifications, moral, of officers and magistrates, 
Quartering of troops, ...... 

Quarterma.sters appointed by commanding officers of regiments, . 
Question, each, on the ballot to be given a number by the secretary 

commonwealth, under the initiative and referendum, 
Quorum, of coimcil, ........ 

of senate, ......... 

of house of representatives, ...... 



45, 47, 
19, 
24, 



17, 



of the 



20, 
16, 

18, 



31,36 

33 
49 

42 
48,49 
36,49 
44,49 
42, 43 
16,47 
18,46 

44 
8 
9 

22 

61 

25, 43 
47,49 
46,49 



R. 

Rank of councillors, ..... .... 

Ratable polls, census of ......... . 

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, 
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 
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 liinitation 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-e.xecuting 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., publicly 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 
Rehgious institutions or practices, no measure that relates to, can be made 
subject of initiative petition or referendum, ..... 

Rehgious 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 



support of the ministry, and erection and repair of houses of worship. 
Remedies by recourse to the law, to be free, complete and prompt. 



53,59 

5,39 

52 

5,39 

39 

52 

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, ........... 

Repeal of an emergency law, etc., petition for referendum on, 
Representation, fines upon towns to enforce, ...... 

Representatives (see House of representatives). 

Residence, change of, not to disqualify voter until six months from time of 
removal, etc., ..... 

Residence qualification, of voters, . . . . . . 14, 17, 

of senators, ...... 

of representatives, ..... 

of governor, ...... 

of lieutenant governor, .... 

of councillors, ...... 

of secretary, treasurer, auditor and attorney-general, 
Resolves (see Bills and resolves). 

Resources, natural, of the commonwealth, conservation of, 
Retirement of judicial officers forced. 
Returns of votes, . 14, 19, 20 

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, ....... 

Revision, of constitution provided for in the year 1795, and subsequently, 
of the statutes, several members of general court maj' receive salary for 
service upon committee for, ... 

Revocation of charters, franchises and acts of incorporation, 
Reward, petitions for, circulation of, under initiative and referendum, to be 
regulated by general court, ....... 

Right of peaceable assembly not a subject for initiative or referendum peti 
tion, ........... 

Rights, declaration of, ........ . 

certain individual rights as declared in, not to be subject of an initiative 
or referendum petition. 
Rights, water and mineral, the taking of, . 



53,59 
60 
17 



35,47 
47 
46 
19 
24 
43 
44 

62 

64 

43,44 

65 

65 
34,37 

67 
64 

61 

53 
4-10 

53 
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 

Salarj', 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 public 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 preserved 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 



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 

SUver, value of money mentioned in the constitution to be computed in, 

at si.K shillings and eight pence per ounce, ..... 33 

Society, rehgious, 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 wajr, 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. 



24, 



Style, of body politic, ........ 

of legislature, ......... 

of governor, ......... 

of lieutenant governor, ....... 

Subjects, certain, excluded from initiative or referendum petition, 
Succession to vacancy in governorship, ..... 

Supplementary budgets, governor may recommend. 

Supreme judicial court, judges to have honorable salaries fixed by standing 

laws, and to hold office during good behavior, . . . . 

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

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

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

Suspension of laws, .......... 



4 
11 
19 
24 
53,59 
25,63 
65 

10,24 



27 

32,37 

9 

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 notai'ies 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 



FAGK 

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 

To\vn, etc., measure or law restrieted 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 legi.slature, ..... 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 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 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. 

PAQB 

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 

IT. 

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 

Y. 

Vacancy in office of governor, })owers 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-pajrment 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 towTi 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 Enghsh 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 everj^ 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, vmder the 

initiative and referendum, ........ 61 

Votes, returns of, ........ . 14, 19, 43, 44 

plurality of, to elect civil officers, ....... 42 

negative, required to disapprove suspension of a law and referendum 

thereon, ........... 60 

Voting, absent, general court to have power to provide for, .... 51 

compulsory, general court to have authority to provide for, ... 64 
machines may be used at elections, . . . . . . . • 49 

precincts in towns, .......... 48 

w. 

War, commonwealth may borrow money to assist the United States in case 

of, etc., ........... 65 

War time, conunonwealth, 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 



106 INDEX TO THE CONSTITUTION. 



PAOB 



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 

court, 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 Reaeeamement of the Constitution 

submitted by the constitutional convention and 

ratified by the people 

AT THE 

State Election, November 4, 1919 



As to the effect of the ratification of the Rearrangement 
of the Constitution by the People, November 4, 1919, see 
Opinion of the Justices, 233 Mass. 603, and Loring v. Young, 
decided August 8, 1921. 



A CONSTITUTION 



FORM OF GOVERNMENT 



[Rearrangement.] 



PREAMBLE. 



The end of tlie institution, maintenance, and administra- objects of 
tion of government, is to secure the existence of the body soveramevi. 
politic, to protect it, and to furnish the individuals who com- 
pose it with the power of enjoying in safety and tranquillity 
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 itTnl°tuTe^' 
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 mipartial 
interpretation and a faithful execution of them; that every 
man may, at all times, find liis seciu*ity in them. 

We, therefore, the people of Massachusetts, inhabiting the Body politic 
territory formerly called the Province of Massachusetts under'the 
Bay, acknowledging, with grateful hearts, the goodness of ThTcommon- 
the Great Legislator of the universe, in affording us, in tlie ^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 rights 
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 
which may be reckoned the right of enjoying 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 well 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 worshipping God in the 
manner and season most agreeable to the dictates of his own 
conscience; or for his religious profession or sentiments; pro- 
\'ided 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 
worship, 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 Noiaw to pro- 
exercise of religion. ^ ^ _ c^^e'of'relig'on: 

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 to aid 
appropriated by the commonwealth for the support of com- charitabi"!' 
mon schools shall be applied to, and expended in, no other otheMraSu- 
schools than those which are conducted according to law, tions not wholly 

, . . p under public 

under the order and superintendence of the authorities of ownership and 

control etc. 

the town or city in which the money is expended; and no 
grant, appropriation or 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. 

Notliing herein contained shall be construed to prevent Care or support 
the commonwealth, or any political di\dsion thereof, from hospitals, etc., 
pajdng to privately controlled hospitals, infirmaries, or in- are^pubUc^ ° 
stitutions for the deaf, dumb or blind not more than the ci^'^rges. 
ordinary and reasonable compensation for care or support 
actually rendered or fm'nished 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 institutions 

not to be 



112 



CONSTITUTION OF THE COMMONWEALTH 



deprived of 
religions 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 rehgious exer- 
cises therein of his own faith; but no inmate of such insti- 
tution shall be compelled to attend rehgious serAices 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 tliemselves, as a free, sov- 
ereign, and independent state; and do, and forever here- 
after shall, exercise and enjoy every power, jm-isdiction, 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 with 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 
exclusive privileges, distinct from those of the commmiity, 
than what arises from the consideration of services 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, laa\ang such qualifications 
as they shall establish by their frame of government, have 
an equal right to elect officers, and to be elected, for public 
emploj^Tnents. 



OF MASSACHUSETTS — REARRANGEMENT. 113 

Art. 10. Each individual of the society has a right to be Right of 
protected by it in the enjojanent of his hfe, Hberty, and dSy'^of "'^ ^° 
property, according to standing laws. He is obliged, con- cOTrd'at^ve°" 
sequently, to contribute his share to the expense of this Jo^adodoa 
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, without 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 indi\ddual should be appropriated tiken for*^ ^^ 
to public uses, he shall receive a reasonable compensation ^t'houtl^^c. 
therefor. 

Art. 11. Every subject of the commonwealth ought to Remedies, by 

/ji ,• IT.!' j.j,ii s! recourse to the 

lind a certam remedy, by having recourse to the laws, tor law, to be free, 
all injm-ies or wrongs which he may receive in his person, ^Snpf.^^"'^ 
property, or character. He ought to obtain right and jus- 
tice freely, and without being obliged to purchase it; com- 
pletely, and wathout 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- '^^uiated. 
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^^leges, 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 crmi^ai erases, 
person to a capital or infamous punishment, excepting for ^''^'^p*- ^^■ 
the government of the army and nav^^, without trial by jury. 

The privilege and benefit of the WTit of habeas corpus shall f^^*^*^* ^^ 

.,.,. ii'i p habeas corpus 

be enjoyed m this commonwealth, m the most free, easj^ 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. a., Amend- 
ment VII. 



Liberty of the 



Right to keep 
and bear arms. 
Standing 
armies danger- 
ous. Military 
power subor- 
dinate to civil. 



Moral 

qualifications 
for office. 



Moral obliga- 
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 fomidation of them 
be not previously supported by oath or affirmation, and if 
the order in the warrant to a ch^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 \vith 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 
legislatm-e 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 bodj^ by the waj^ 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 JJr their*" '**^ 
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 fnd'^rliisolr' 
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, obTect^thT/eof. 
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 established, fixed, laid, or le\ie(l, under any pre- ^m^iu! °" 
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 ^^^^ prohibited. 
crimes by preceding laws, are unjust, oppressive, and in- 
consistent with the fundamental principles of a free gov- 
ernment. 

Art. 25. No subject ought, in any case, or in any time. Legislature 
to be declared guilty of treason or felony by the legislature, of treas^on^etc. 

Art. 26. No magistrate or court of law shall demand Excessive 

1 .] . . • n • /T "*" or fines, 

excessive bail or sureties, impose excessive nnes, or innict and cruel 
cruel or unusual punishments. pmhibiTed! ^' 

Art. 27. In time of peace, no soldier ought to be quartered ^° soWjer to 

\ PI ... be quartered 

in any house without the consent of the owner; and in time in any house, 
of war, such quarters ought not to be made but by the ci\il 
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 \drtue of that law, faw'^artiX 
except those employed in the army or na\y, and except the ""'''^^' ®**'- 
militia in actual ser\'ice, but by authority of the legislature. 

Art. 29. It is essential to the preservation of the rights Judges of 
of every individual, his life, liberty, property, and character, fudLIS^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 FRAIVIE OF GOVERNMENT. 
SUFFRAGE. ELECTIONS. TERMS OF OFFICE. 

Art. 31. Every male citfzen 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 ha\ang been hon- 
orably discharged from such ser%ice, if otherwise 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 rMnov™*^" 
residence, mitil 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 lawTfo^kbseift 
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 pemittS at 
as may be prescribed by law, and the general court shall ^^''ctions. 
have authority to provide for compulsory voting at elections; votTng"'""'^ 
provided that the right of secret voting shall be preserved. Proviso. 

Art. 38. The general court shall have full power and Voting 
authority to provide for the inhabitants of the towns in tliis 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 stlte'officers, 
twenty, the governor, lieutenant-governor, councillors, sec- ^natorsTiid 
retary, treasurer, attorney-general, auditor, senators and rep- tfvLT whtn 
resentatives shall be elected biennially, and thereafter elec- shin bTheM 
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 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. The terms of the secretary. Terms 
treasurer, attorney-general and auditor shall begin with the ''^ *'*'^*'®" 
third Wednesday in January succeeding their election and 



lis 



CONSTITUTION OF THE COMMONWEALTH 



Elections to be 
held by the two 
houses of the 
legislature, 
completion of. 



Order of filling 
vacancies in 
certain offices. 



shall extend to the third Wednesday in January in the third 
year following their election and until their successors are 
chosen and qualified. 

Art. 40. Elections 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 imtil 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. 



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, 
e.xcept, 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 emoluments 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, 
mitil it shall have been laid before the governor for his re- 
visal; and if he, upon such revision, approve thereof, he 
shall signifx' his approbation by signmg 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 writing, 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, notwithstanding the fi^cis of^eaTiT 
said objections, agree to pass the same, it shall, together withstanding. 
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, within five days after any bill or resolve Return by 
shall have been laid before him, shall have the right to re- |enerafco*?rt 
turn it to the branch of the general court in which it originated ^^ ''!" °J 

. - 1 • 1 1 resolve for 

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 wdthin five days [orci^of^ia^^ 
after it shall have been presented, the same shall have the 
force of a Isiw. 

If any bill or resolve shall be objected to, and not approved B'"- ^^"x "»* 

1 , 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- J^foC^nln'^h'e* 
turning it with his objections, as pro\aded 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 emuneration shall 
specify the nmnber of legal voters aforesaid, residing in each 
ward of such city. The enmneration aforesaid shall deter- 
mine the apportionment of senators for the periods between 
the taking of the census. 

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 tlie 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 enmneration aforesaid: provided, 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 com-se 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 pro\ided 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 tliis con- 



OP 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 Selectmen to 
meetings impartially; and shall receive the votes of all the town meetings. 
inliabitants 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, uith 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 ofiice, seventeen days before such first 
Wednesday. 

Art. 47. And that there may be a due convention of Governor and 

1 1 • T II 1 council to 

senators on the first Wednesday m January annually, the examine and 
governor with five of the council, for the time being, shall, and issue 
as soon as may be after each biennial election, examine the ^"^^^™°'^^- 
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., 
as pointed out in the constitution; and shall, on the first memb^ra'! 
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^mi^' 
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 own president, ^^^ggf^g^" 
appoint its own officers, and determine its own rules of officers and 

I • establish 

proceedmgs. 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 enumeration, 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 Phmouth; 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 nmnber 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 



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 pmpose 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 divided 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 ta«ves!'^^° 
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 nmnbered by the board Districts to be 

, , ,* . . i> 1 • 1 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 coimty, 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 
ascertaming 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 liable 
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 pro\aded on the sentatives^'^^ 
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 shall 
have authority to pimish by imprisoimaent 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 
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 w^ho 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 com-t. 

Art. 60, The senate shall have the same powers in the 
like cases; and the governor and council shall have the same 
authority to pimish 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 otlier way as they may respectively think best. 



LEGISLATIVE POWERS. 



General court 
may constitute 
judicatories. 



Art. 61. The general court shall forever have full power 
and authority to erect and constitute judicatories and courts 
courts o recor , ^^ 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^r oalh^"^^"" 
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 fhreiectiirof 
the courts, by the people of the several counties, and that teraUfVobite 
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 ^"^^ norrepuT-' 
time to make, ordain, and establish, all manner of whole- »^ant to the 

' ' 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 
to name and settle annually, or provide by fixed laws for the or appointment 
naming and settling, all civil officers within the said common- prescribethefr 
wealth, the election and constitution of whom are not here- '^"^^®^- 
after in this form of goverimient otherwise provided for; and 
to set forth the several duties, powers, and limits, of the 
several ci\dl 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 le\'y 
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 asses.s- 
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\nded. 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 deri^'ed from property at a lower rate than income 
derived from property, and may grant reasonable exemptions 
and abatements. An}'^ class of property the income from 
which is taxed under the proAasions of this article may be 
exempted from the imposition and le^ying 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 com-t to impose 
and levy 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, 
prixileges, and immimities, 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 other\\'ise, for the election of officers 
mider the constitution, and the manner of returning the votes 
given at such meetings. Provided, that no such government 
shall be erected or constituted in any town not containing 
twelve thousand inhabitants, nor unless it be with the consent, 
and on the application of a majority of the inhabitants of 
such town, present and voting thereon, pursuant to a vote 



OF MASSACHUSETTS — REAKRANGEMENT. 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, rliative'to^the 
sub-di\'ide, build upon and sell the same, for the purpose of etc.'.To°/eire"v'i' 
relieving congestion of population and pro\iding homes for populluon and 
citizens: provided, however, that this article shall not betopro^'de 
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?cesVthe 
resources of the commonwealth, are public uses, and the «o°^'"o'^"'eait^- 
general court shall have power to provide for the taking, 
upon pajnnent 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 hereb\' given and wUd^orTorest 
granted to the general court 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 court 
able rates, during time of war, public exigency, emergency or mam^er^f dls- 
distress, of a sufficient supply of food and other common f^j^^etc,"^ 
necessaries of life and the providing of shelter, are public during tinie of 

1111 •• 1 war, etc., by 

functions, and the commonwealth and the cities and towns thecommon- 
therein may take and may provide the same for their and towns. 
inhabitants in such manner as the general court shall de- 
termine. 

Art. 70. The general court mav bv special acts for the General court 

„ , . , • 1 • "^ "i J • 1-1 to provide for 

purpose or laying out, widening or relocating highways or the taking of 
streets, authorize the taking in fee b\' the commonwealth, or widening 'or°re- 
by a county, city or town, of more land and property than waysl^etc!^^*^' 
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 \vith 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 tajcing 
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. 



Art. 71. The general court shall have power to Ihnit 
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 udthin 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 administrative work of the 
commonwealth shall be organized in not more than twenty 
departments, in one of which e^'ery executiA'e and adminis- 
trative office, board and commission, except those officers 
ser\ing directly under the governor or the council, shall be 
placed. Such departments shall be under such supervision 
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. 



Initiative and 

referendum, 

definition. 



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 number 
of voters to submit constitutional amendments and laws to 
the people for approval or rejection; and the popular refer- 
endum, which is the power of a specified nmnber of voters 
to submit laws, enacted by the general court, to the people 
for their ratification or rejection. 



Contents of 

initiative 

petition. 



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. 

SatfnotTe"^'^ Art. 78. Excluckd Mcitters. — ^o measure that relates 

proposed by ^q religiou, rcligious 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 u^ojf General 
by the people is not repealed, the general com*t shall raise courtrwhen a 

* • Itiw IS 3.Dorovcu 

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^caiiedrno't 
this provision for their protection, shall be the subject of ^ i'^nltlatiV^*^ 
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- mt"© hf 
tion of rights, shall be the subject of an initiative petition: iniuatwe^ 
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 jiu-y; 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 mitiativ^e 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 Certain 
court in the constitution shall extend to the legislative power limitations 
of the people as exercised hereunder. ^^^^^ ^'^' 

Art. 79. Mode of Oriqinatinq. — Such petition shall first initiative 

, petition 

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 measm-e 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 
hasbeen 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 A\ith the secre- 
tary of the commonwealth. The secretary of the common- secretary 
wealth shall provide blanks for the use of subsequent signers, wealth t" 



common- 



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 vdW appear on the 
ballot together with the names and residences of the first ten 
signers. All initiative petitions with the first ten signatm-es 
attached, shall be filed \^^th the secretary of the common- 
wealth 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 signatures shall be filed not later than the first 
Wednesday of the following December. 

Art. 80. Transmission to the General Court. — If an in- 
itiative petition, signed by the required number of qualified 
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. 



IjCgislative 
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 provided, 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 mth it 
as an alternative therefor. 



LEGISLATIVE ACTION ON PROPOSED CONSTITUTIONAL AMEND- 
MENTS. 

Definition of Art. 83. Definition. — A proposal for amendment to the 

initiative .. , "^ . . i i ,.... 

amendment constitutiou mtroduccd mto the general court by initiative 
substitute. petition shall be designated an initiative amendment, and an 



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 amendme'nt 
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 following 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 foint session. 
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 Proyosed Amendments. — A pro- Proposed 
posal for an amendment to the constitution introduced by toTheconsti- 
initiative petition shall be voted upon in the form in which which'tl°bT '" 
it was introduced, unless such amendment is amended by "^^^^ "p°"- 
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 take" by yeas 
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 

. 1 • 1 i- 1 . • • .1 ai J.' general court 

session a legislative amendment receiving the amrmative next to be 
votes of a majority of all the members elected, or an initia- ® ®° ® • 
tive amendment recei\dng the affirmative votes of not less 
than one-fourth of all the members elected, shall be referred 
to the general court next to be elected. 

Art. 87. Submission to the People. — If in the general fg^^Xtf^"" °^ 
court next elected a legislative amendment shall again be ^!"'^'V'"Jg°'' 
agreed to in joint session by a majority of 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 ^^ote^s voting thereon, or if approved, in the 
case of an initiative amendment or a legislative substitute, 
by voters equal in nimiber to at least thirty per cent of the 
total number of ballots cast at such state election and also 
b}' 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 coiu*t, 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 follo^ving Jmie 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 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 following 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 niunber 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 provided 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 proAided, 
to amend the measure w^hich 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 commonwealtli before the first Wednesday of 
the following July, together with a certificate signed by tlie 
attorney-general to the effect that the amendment made by 
such proposers is in his opinion perfecting in its natm*e and 



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 Jmie 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 ^g^^es^® 
the same election are held to be in conflict, then the provi- which shall 

Eovcrn when 

sions contained in the measure that received the largest nmn- approveti by 
ber of affirmative votes at such election shall govern. 

Art. 91. A constitutional amendment approved at any ^endmentTo 
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 pro\'ide for grouping and designat- for^groupfng, 
ing upon the ballot as conflicting measures or as alternative thebaUot! 
measures, only one of wliich 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: pro\'ided, that a proposed con- Proviso, 
stitutional amendment and a proposed law shall not be so 
grouped, and that the ballot shall aft'ord 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 ^"^y measure 

. . , „ . 11- receiving larg- 

shall receive the vote requn*ed 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. approve 

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 referendum 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 forthwith 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\ision or to particular districts 
or localities of the commonwealth; or that appropriates 
money for the cm-rent 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 S^i^pension of a Law 
and a Referendwn thereon. — A petition asking for a refer- 
endmn 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 days after the law that is the 
subject of the petition has become law. The secretary of ^ecrltl°y oi"^ 
the commonwealth shall pro\'ide blanks for the use of sub- ^^I'^fth^^etc"' 
sequent signers, and shall print at the top of each blank a 
description of the proposed law as such description wall ap- 
pear on the ballot together wdth 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, tlien 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 daj'^s intervene between 
the date when such petition is so completed and 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 follow- 
ing biennial state election, unless in the meantime it shall 
have been repealed; and if it shall be approved by a majority Votes neces- 
of the qualified voters voting thereon, such law shall, subject ItprovLi, 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 Referendum on an Emergency Law petitions for 
or a Law the Suspension of which is not asked for. — A refer- an emerge'ncy" 
endum petition mav ask for the repeal of an emergencv law It'"'^ o"" a law 

PI 1 • 1 " 1 rv 1 1 f 1 "^ • *"® suspension 

or or a law which takes eiiect because the rererendum 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 provide blanks for Duties of the 
the use of subsequent signers, and shall print at the top of commoT-"^*^^ 
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 signatm-es 
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 following 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 
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. 



for repeal, etc. 



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 signatiues 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\ide by law that no co-partnership or 
corporation shall undertake for hire or reward to circulate 
petitions, may require individuals wiio circulate petitions for 
hire or reward to be licensed, and may make other reasonable 
regidations 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 any petition shall be those of registered voters of 
any one county. 



OF MASSACHUSETTS ^REARRANGEMENT. 



137 



YES. 




NO. 





FORM OF BALLOT. 

Art. 101. Each proposed amendment to the eonstitu- Description on 
tion, and each law submitted to the people, shall be de- determined by 
scribed on the ballots by a description to be determined by gencra*i?Ttcf ' 
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 authorized herein, to be printed on the ballot 
in the following form: 

Art. 102. In the case of an amendment to the eonstitu- Form of 
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 tj-pe, 
whether approved or disapproved by the gen- 
eral court, and by what vote thereon) be ap- 
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- vo™re to'be'^ 
wealth the full text of every measure to be submitted to the secretl^'iff 
people, together with, a copy of the legislative committee's ^gaiX"™""' 
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 will 
api>ear 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. 



YES. 




NO. 





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. l^nTlo'* 



certam 
measures. 



THE GENERAL COURT S POWER OF REPEAL. 



Art. 106. Subject to the veto power of the governor and by'IhTpwpi^ 
to the right of referendum by petition as herein provided, ""'^^j^^i^ ^ 
the general court may amend or repeal a law approved by by the general 

,1 , court. 

the people. 



138 



CONSTITUTION OF THE COMMONWEALTH 



INITIATIVE AND REFERENDUM DECLARED TO BE SELF- 
EXECUTING. 

Jeferendum"*^ Art. 107. The provisions of the initiative and referendum 
amendment ^TC self-executing, but legislation not inconsistent with any- 
executing, etc. 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 tlie 
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 
expenditm*es shall be defrayed. This shall be arranged in 
such form as the general court may by law prescribe, or, in 
default thereof, as the governor 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 with any information which he may 
deem necessary. 

Art. 109. The General Aiypropriation 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 provide 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 governor. The governor 
may at any time recommend to the general coiu-t supplemen- 
tary' budgets which shall be subject to the same procedure 
as the original budget. 

Art. 1 10. 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 pro\'ide 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 priation bin, 

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 J'ems to have 

- ., . , . -^ ^ „ IT 1 1 force of law, 

fail SO to transmit his reasons tor 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, nc^ to be'"^^^'* 
or of any private association, or of any corporation which is fnterprises"^'^*^ 
privately owned and managed. 

Art. 113. The commonwealth may borrow money to Common- 
repel invasion, suppress insurrection, defend the common- borrow money 
wealth, or to assist the United States in case of war, and pu^'rp^e^'" 
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 pro\'ided, the commonwealth may borrow geneJLTcour^ °^ 
money only by a vote, taken by the yeas and nays, of two- bo*Jro^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 borrowed or mo^y*^ 
for the reduction or discharge of the principal of the loan. Jiiuted. 

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 T-O^®*'!,''^^'* 
no person shall be eligible to this office, imless, 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'hl^'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 p>erson 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 Januarj'; 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 sa^me to be made to the office of 
the secretary^ of the commonwealth, seventeen days at least 
before such day; and the secretary shall lay the same before 
the senate and the house of representatives on the first 
Wednesday in January, to be by them examined; and the 
person having the liighest number 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 nmnber 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 ^^^th 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 ad\ace 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 — REARRANGE:\IENT. 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 adjoum the 
adjournment or prorogation, the governor, with the advice fn'o'^ts^etc., 
of the council, shall have a right to adjourn or prorogue the j'ng^ninlty'dirys. 
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 ^unc™may'' 
as persons may be convicted of before the senate by an im- pardon offences, 

*^ ^ GXCGDX etc. 

peachment of the house, shall be in the governor, by and with 
the advice of the council; but no charter of pardon, granted ^nvkw^"'^'' 
by the governor, with the advice of the council before con- 
viction, shall avail the party pleading the same, notwith- 
standing any general or particular expressions contained 
ther-ein, descriptive of the offence or offences intended to be 
pardoned. 

Art. 123. All judicial officers, the solicitor-general, and cert*'itL?how 
coroners, shall be nominated and appointed by the governor, "*""JiQfgti' "'"^ 
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. 

Notaries public shall be appointed by the governor in the Notaries puWic, 
same manner as judicial officers are appointed, and shall hold °^ appom e 
their offices diuing 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 commissioned 
offices, shall be expressed in their respective commissions. officers. 

Art. 125. x\ll money received on account of the com- Collection of 
monwealtli from any source whatsoever shall be paid into 
the treasury thereof. 



142 



CONSTITUTION OF 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 insufiBcient. 



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 pa^anent 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, provisions, ammunition, 
cannon uith 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 receiving 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 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 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 found 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 '^^^^"S'=^"°-- 
point of residence in the commonwealth, in the same manner 
with the governor; and the day and maiuier of his election, Election in 
and the qualifications of the electors, shall be the same as gover^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, h;j/a piurSity. 
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 mJm'beTo^f. 
always be a member of the council, except when the chair except, 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- ICunTgovemor, 
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 with, 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 gov^e'lnor,**^'^ 
eight persons besides the lieutenant-governor, whom the gov- "^™^er, 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 comicillors, 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 pSiL^^ ^^^ 
the same rule that is required in the election of governor. 



144 



CONSTITUTION OF THE COMMONWEALTH 



Eligibility 
defined. 



Day and 
manner of 
election, etc. 



A'acancies in 
the council, 
liow 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 divide 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 nmnber of inhab- 
itants as nearly equal as practicable, without dividing 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 retiu-n 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- 
vice 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 
bemg, 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 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 
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\ace of the council shall 
be recorded in a register, and signed by the members pres- 
ent; and tins 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, office of°"'° 
absence from the commonwealth, or otherwise, then one of f°^^e°of ^^^" 
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- secretar>-, 
torney-general, shall be chosen biennially, on the Tuesday auTtor'^and 
next after the first Monday in November; and each person '^"jfji-af^to be 
then chosen as such, duly qualified in other respects, shall elected 
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 qualification of the Qualifications 
voters, the manner of the election, the return of the votes, maT^ner^of 
and the declaration of the election, shall be such as are re- ti^'besuch^fs' 
quired in the election of governor. In case of a failure to elect ei|ct governor'' 
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 Y^"^^?}^!' 

^ ,. 1 1 II ^°^ 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! "other wise 
shall neglect, for the space of ten days after he could other- afemed* vacant. 



14G 



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 office 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 commonwealtli 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- 
ha\'ior, excepting such concerning whom there is different 
provision made in tliis constitution: provided, nevertheless, 
the governor, \nth consent of the comicil, may remove them 
upon the address of both houses of tlie legislatm-e; and pro- 
vided also that the governor, wdth 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\dsions 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 
with ability or fidelity, 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 wills, and for grant- 
ing letters of administration, shall hold their courts at such 
place or places, on fLxed days, as the convenience of the 
people shall require; and the legislature shall, from time to 
time, hereafter, appoint such tunes 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!'"^ 
anfl determined by the governor and council, mitil the leg- other provi- 
islature shall, by law, make other provision. ii°"^ """^^ ^^ 

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- wt^s^ ^"^ 
monwealth of Massachusetts; they shall be mider the seal 
of the court from whence they issue ; the}' 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 Proxince, 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 judidTuourt 
opinions of the justices of the supreme judicial court, upon [onT^lien"" 
important questions of law, and upon solemn occasions. required. 



THE MILITIA. 

Art. 147. The general court shall pro\'ide by law for the Military and 
recruitment, equipment, organization, training and disci- "eCTuitm'e''nt,' 
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 naVaf officers, 
and appointed and may be removed in such manner as the and removed!'^ 
general court may by law prescribe, but no such officer shall '^t'^- 
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. commissions. 



us 



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, 
ci\al 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." 

"I, A. B., do solemnly swear and affirm, that I will 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 the constitution and the laws of 
the commonwealth. So help me, God." 

Pro\'ided, 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 mider 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 com-t, 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 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 an}'- 
other state or goverrmaent 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 comicil, 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 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 comicil; or any coimcillor shall accept of eitlier 
of those offices or places. 

Art. 151. And no person shall ever be admitted to hold Bribery etc., 

, , rr* I" • djaquaUfy. 

a seat in the general court, or any office of trust or importance 
under the government of tliis 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 tlie same time, hold the office of governor, 
lieutenant-governor, or councillor, or have a seat in the sen- 
ate or house of representatives of this commonwealth; and 
no judge of any ct)urt 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 tliat 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 OF 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, et<;., 
of the president 
and fellows, 
confirmed. 



All gifts, 
grants, etc., 
confirmed. 



Power of 
alteration 
reserved to the 
general court. 



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 himdred and thirty-six, laid 
the foundation of Harvard College, in which miiversity many 
persons of great eminence have, by the blessing of God, 
been initiated in those arts and sciences which quahfied them 
for public emplo\nnents, J)oth 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, hberties, pri\dleges, 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 mito them, tlie 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 sundry 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, dexisor or devisors. 

Art. 155. Nothing herein shall be construed to prevent 
tlie general court of this commonwealth from making such 
alterations in the government of the said imiversity, 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. 

Ajit. 156. Wisdom and knowledge, as well as virtue, dif- ^uty of 
fused generally among the body of the people, being neces- and magistrates 
sary for the preservation of their rights and liberties; and periods" "'^ 
as these depend on spreading the opportunities and advan- 
tages of education in the various parts of the country, 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 natiu-al 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 affections, and generous sentiments, among the 
people. 

CONTINX^\NCE AND ENROLLMENT. 

Art. 157. Upon the ratification and adoption by the This rearrange- 
people of this rearrangement of the existing constitution and STslirTg con- 
tbe amendments thereto, the constitution shall be deemed to app^r In'aii 
and taken to be so rearranged and shall appear in such ["om thlrTOf!'^ 
rearranged form in all futiu-e publications thereof. Such Not to be 
rearrangement shall not be deemed or taken to change the chl^ge m°an- 
meaning or effect of any part of the constitution or its exfetfng" °^ 
amendments as theretofore existing or operative. constitution. 

Art. 158. This form of government shall be enrolled on provision for 
parchment, and deposited in the secretary's office, and be a ^ub^^shing thf 
part of the laws of the land; and printed copies thereof shall constitution. 
be prefixed to tlie book. containing the laws of this common- 
wealth, in all futm-e editions of such laws. 



Index to the Rearrangement of the 
Constitution. 



Index to the Eearkangement 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 commonw'ealth, organization of, into not more 

than twenty departments, . . . . . . . .128 

Advertising on public w^ays, 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, ........ HO 

no initiative petition allowed against, ...... 129 

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

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 vmder the initiative and referendum to 

be sent the voters by the secretary of the commonwealth, 
Armies, dangerous to hberty, and not to be maintained without consent of 
the legislature, ......... 

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

warrant to contain special designation, . . . . . 

Arts, commerce and agriculture, to be encouraged, .... 

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

not a subject for initiative or referendum petition. 
Assembly of general court, frequent, ....... 

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

Attorney-general, to be chosen by the people biennially in November, begin- 
ning 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, .... 

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

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

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, 
vacancy occurring during session of the legislature filled by joint ballot 
of legislature from the people at large, ..... 

vacancy occurring during recess of legislature filled by governor by 
appointment, with consent of council, ..... 

not eligible, unless an inhabitant of the state for five years next preceding 
election or appointment, ....... 

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

qualifications requisite, ........ 



137 

114 
115 
114 

124 
114 
114 
151 
114 
129 
115 

139 



145 
149 
145 



145 

145 

145 

146 

145 
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 department.-?, 128 
Body politic, formation and nature of, . . . . . . 109 

title of: The Commonwealth of Massachusetts, . . . .110 

Borrowed money, expenditure of, limited, ....... 139 

Bribery or corruption used in procuring an appointment or election, to di,s- 

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 

mdy limit buildings for use, etc., to specified districts, .... 12S 

may take ancient landmarks for 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 

plurality of votes, . . . . . • • • .117 



INDEX TO THE CONSTITUTION— REARRANGEMENT. 159 



PAGE 

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 

Conflicting 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 proi)osal for, 130 
procedure in general court for, ....... 130-132 



160 INDEX TO THE CONSTITUTION— REARRANGEMENT. 



PAGE 

131 
133 
136 
137 

137 



Constitution, amendment to, 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, . . . . . . . . .111 

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, ........ 

Corruption or bribery used in procuring any appointment or election to dis- 
qualify from holding any office of trust, etc.. 
Council, five members to constitute a quorum, . . . . 140, 143, 144 

eight councillors to be elected biennially, beginning in November, 

1920, 117 

election to be determined by rule required in that of governor, 
to take oath of office before the president of the senate in presence of 
both houses of the legislature, ...... 

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

resolutions and advice to be recorded in a register, and signed bj' the mem 
bers present, ......... 

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

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

eligible to election if an inhabitant of state for five years preceding elec 
tion, ........... 

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

officers serving directly under governor or, not to be included in any of 
the twenty departments, ........ 

Counties, election of officers in, ........ 

laws restricted to, not subject to initiative or referendum petition, 129 

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

exceed one fourth of registered voters in any one, .... 136 



13S 



129 
128 
128 
127 
141 

139 
128 

136 

116 

149 



143 
143 

148 
144 

144 
144 
149 

144 

144 
146 



144 

128 
125 
134 



INDEX TO THE CONSTITUTION— REARRANGEMENT. 161 



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 adininister oaths or affirmations, ...... 125 

Credit of the commonwealth not to be given to aid any individual, private 

association or private cor|)oration, etc., .... 111,139 

Credit, public, loan of, not to be authorized to found, etc., any church, religious 

denomination or society, etc., ....... Ill 

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, .......... Ill 

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, ........... 

Districts, senatorial, forty, to be of adjacent territory, and to contain as near 
as may be an equal number of voters, ...... 

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, ........... 

Division, etc., of the commonwealth, law restricted to a particular political, 

to be excluded from proposal by initiative or referendum petition, 129 

Divorce, alimony, etc., causes of, how to be heard and determined. 

Doctrine, denominational, public money not to be granted a school or institu- 
tion wherein is inculcated any, ....... 

Dumb or blind, the deaf, privately controlled hospitals, etc., for, may be com- 
pensated for the care of such persons, ...... 

Duties and excises, power of general court to impose and levy reasonable, not 

to be limited, etc., ......... 126 



144 



120 



122 

134 
147 

111 

111 



E. 

Easements, etc., in connection with certain natural resources, may be taken, . 127 
Education, no public aid for private, ....... Ill 

qualification for sufi'rage, . . . . . . . .116 

no initiative petition on anti-aid measure, ...... 129 

Harvard College, powers, privileges, etc., ..... 150, 151 

encouragement of literature, etc., ...... 1.50, 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 

112 

117 

117 
37, 123 
117 
129 
117 
117 
118 



Elections ought to be free, ......... 

Elections, biennial, for certain state officers, senators and representatives, 
first to be held in November, 1920, ...... 

by the people, of civil officers jirovided for by the constitution to be by 
_^ plurality of votes, ......... 

voting machines may be used at, ...... 

absent voting at, general court to provide by law for, . . . 

freedom of, not a subject for initiative or referendum petition, 
compulsory voting at, general court to have authority to provide for, 
biennial, of state officers, councillors, senators and representatives, 
to be held by the two houses of the legislature, completion of, 



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 

Emergency laws, to contain preamble, etc., ...... 134 

yea and nay vote to be taken on preamble of, .... . 134 

referendum on, jietitions for, ........ 135 

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 military 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 

E'.'C 7Jos< /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, . .116 

Executive and administrative work of the commonwealth, organization of, into 

not more than twenty departments, ...... 128 

Exemptions, etc., from tax on income may be granted by general court, 126 

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

other common necessaries of life and shelter during, . . . 127 

Extra sessions of the general court, . . . . . . .118, 140 



F. 



to be 



115 
115 



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., ..... 

Forgery of signatures on initiative and referendum petitions, penaltif 
provided by law for, ....... 

Form of question on ballot under the initiative and referendum, . 

Frame of government, ........ 

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 may 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 



127 
127 
127 

136 
137 
109 



164 INDEX TO THE CONSTITUTION— REARRANGEMENT. 

PAQB 

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-fjovernor, 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 bylaw 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 

PAGE 

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 effect 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 upf)n 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, . . . . . .117 

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, 119 
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 referendimi, 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 mihtary and naval 

officers, etc., .......... 147 

to provide for recruitment, etc., of military and naval forces, 147 

may authorize the governor to make regulations, et9., for 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, . .118 

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. 



Governor, the commander-in-chief of the army and navy, .... 147 

may call together the councillors at any time, .... 140, 143 

not to hold certain other offices, ...... 148, 149 

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

two houses of the legislature, . . . . . . .148 

to sign all commissions, ......... 141 

election determined by the legislature, . . . . . .140 

veto power, 119,137,138 

not to extend to measures approved by the people, .... 137 

may return bill or resolve to the general court recommending amendment, 1 19 
to recommend to general court the term for which any loan shall be 

contracted, .......... 139 

vacancy in office of, powers to be e.xercised by the lieutenant-governor, . 143 
vacancy in offices of both governor and lieutenant-governor, powers to 
be exercised in order of succession by secretary, attorney-general, 
treasurer and auditor, ........ 145 

order of filling, .......... 118 

with advice of council, may adjourn or prorogue the legislature upon re- 
quest, and convene the same, ....... 140 

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, . . 141 

to appoint all judicial officers, notaries public and coroners; nominations 

to be made at least seven days before appointment, etc., . . 141 

may pardon offences, but not before conviction, ..... 141 

may fill vacancy in council occurring when legislature is not in session, . 144 
with consent of council, may remove judicial officers, upon the address 

of both houses of the legislature, ....... 146 

may remove justices of the peace and notaries public, .... 141 

to commission all military and naval officers, . . . . .147 

to call joint session on constitutional amendments, . . . .131 

to fill vacancies in certain elected executive offices, .... 145 

to have power to cause certain laws to take effect forthwith, . . 134 

with consent of council, may retire judicial officers for certain reasons, . 146 
to recommend budget and supplementary budgets to the general court, . 138 
may disapprove or reduce items or parts of items in any bill appropriating 

money, ........... 138 

items in bill appropriating money, when to have force of law if not returned 

to general court within five days by, ...... 139 

Governor and council, to examine election returns, .... 121,144 

may punish persons guilty of disrespect, etc., by imprisonment not exceed- 
ing thirty days, .......... 124 

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 



INDEX TO THE CONSTITUTION— REARRANGEMENT. 167 



PAGE 



Governor and council, to hear and determine all causes of marriage, divorce 

and alimony, and appeals from judges of probate, etc., . . . 147 

officers serving directly under, not to be included in any of the twenty 

departments, . . . . . . . . . .128 

Guardian, parent or, consent of, required to have minor in a publicly controlled 

reformatory, etc., attend rehgious services, etc., . . . .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, 1 13 
Harvard College, pow-ers and privileges, gifts, grants and conveyances con- 
firmed, ........... 150 

board of overseers established, but the government of the college may be 

altered by legislature, . . . . .150 

Hereditary offices and privileges, absurd and unnatural, . . . .112 

Highways, etc., taking of land for widening or relocating, powers of the legis- 
lature concerning, ......... 127 

Hire or reward, jietitions circulated for, under initiative and referendum, to 

be regulated by general court, ....... 136 

Historical property, preservation of, . . . . . . . . 128 

Home, the Soldiers', in Massachusetts, appropriations may be made for the 

support of , .......... Ill 

Homes for citizens, general court given power to take land for relieving con- 
gestion of population and providing, ...... 127 

Hospital, not publicly owned, etc., grant of public money forbidden to, 111 

for the deaf, dumb or blind, privately controlled, may be compensated 

for the care of such persons, . . . . . . .111 

House of representatives, members may be instructed by the people, . .114 

a representation of the people biennially elected and founded upon the 

principle of equality, ......... 122 

may impose fines upon towns not choosing members, .... 123 

to enter objections made by governor to a bill or resolve at large upon 

records, . . . . . . . . . . .119 

qualifications of members, ....... 123, 124 

to judge of the qualifications of its own members, .... 124 

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, 123 

members not to be arrested on mesne process during going to, return- 
ing from, or attending the general assembly, ..... 124 

the grand inquest of the commonwealth, ...... 123 

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

amendments, .......... 124 

not to adjourn more than two days at a time, ..... 124 

may, by concurrent vote, take a recess of not more than thirty days, , 118 
quorum of, .......... . 118 



168 INDEX TO THE CONSTITUTION— REARRANGEMENT. 



PAGB 

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; 

Umitation 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, .......... 128 

Individual, any, credit of the commonwealth not to be given in any manner 

to, 139 

Individual rights, no proposition inconsistent with certain, can be subject of 

initiative or referendum petition, ...... 129 

Individuals, who circulate initiative and referendum petitions for hire or 

reward, to be licensed, ........ 136 

Infirmary, not publicly owned, etc., grant of public money forbidden to, . Ill 
for the deaf, dumb or blind, privately controlled, may be compensated 

for the care actually rendered such persons, . . . . .111 

Information for voters to be sent by the secretary of the commonwealth 

under the initiative and referendum, ...... 137 

"Inhabitant," the word defined, etc., ...... 112,120 

Inhabitants, census to be taken in 1925, and every tenth year thereafter, . 120 
number of, required to erect city government, ..... 126 

may be provided with food and shelter during time of war, exigency, 

etc., 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, submi.ssion to the people 
and necessary vote, ......... 

amendment of proposed Jaw by petitioners and submission to the people 

by the secretary of the commonwealth, .... 132, 133 

•onfiicting 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, 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, ......... 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— REARRANGEMENT. 



J. 

PAOB 

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 coimcil; 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 wath 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 legislature, . 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, . 1 15 
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 



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 jieople, 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, ........... Ill 

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 

Localities of the commonwealth, law restricted to particular, to be excluded 

from proposal by initiative or referendum 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 

Militia 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., . . . . . .111 

Moral obligations of lawgivers and magistrates, . . . . . .114 

Moral qualifications for office, . . . . . . .114 

Municipal 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 CONSTITUTION— REARRANGEMENT. 173 



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 public 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 ehgible to, . .112 

no person eligible to, unless he can read and write, . . . .116 

member of general court not eUgible to, created, etc., during his term of 

election, etc., .......... 118 

Officers, civil, 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 court, ....... 121, 124 

of the mQitia and naval forces, ........ 147 

Originating, mode of, initiative 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 

bUnd, 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, . . 147 

Public boards and certain officers to make quarterly reports to the governor, . 142 
Public credit, etc., not to be authorized to found, etc., any church, religious 

denomination or society, . . . . . .111 

Public debts, contraction of, ........ . 139 

Public exigency, etc., commonwealth, cities and towns may provide food, other 

common necessaries of life and shelter during, .... 127 

Public libraries, free, appropriations may be made for support of, . . Ill 

Public notary (see Notary public). 

Public offices, right of people to secure rotation, ..... 112 

all persons having the prescribed qualifications equally eligible, . . 113 

Public rehgious worship, right and duty of, .... 110,111,112 

Public trading by the commonwealth, cities and towns permitted, . . 127 

Public use, right to receive compensation for private property appropriated 

to, not a subject for initiative petition, ..... 129 

in necessaries of life, . . . . . . . . . .127 

in natural resources, .......... 127 

in historic sites, etc., ......... 128 

Public ways and places, advertising on, may be restricted, etc., . . . 128 

Punishments, cruel and unusual, not to be inflicted, . . . . .115 

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. 



PAQH 
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 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, 

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., . . . 111,112 
Register of the council, resolutions and advice to be recorded in, and signed 

by members present, . . . . . . . . .144 

Registers of deeds, incompatible offices, ....... 149 

Registers of probate, chosen by the people of the several counties, . . 125 

incompatible offices, . . . . . . . . . .149 

Religion, free exercise of, no law to be passed prohibiting, . . . .111 

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 



INDEX TO THE CONSTITUTION— RE ARKANGEMENT. 17^ 



Religious 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 

Rehgious 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 prompt, . . 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., . . . . . . . . . .117 

Residence qualification, of voters, . . . . . . 116, 117, 120 

of senators, ........... 120 

of representatives, .......... 123 

of governor, ........... 139 

of lieutenant-governor, ......... 143 

of councillors, .......... 144 

of secretary, treasurer, auditor and attorney-general, .... 146 

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, ...... 



. 130 

. 127 
. 146 

121,140,143,144, 145 



Returns of votes, ....... 

Revenue, all, to be paid into the treasury from whatever source collected, . 141 
loan for money borrowed in anticipation of receipts from taxes, provision 

for payment from certain, . . . . . . . . 1 39 

Reversal of a judicial decision, not a subject for initiative petition, . . 129 
Revision of the statutes, several members of general court may receive salary 

for service upon committee for, . . . . . . 118,119 

Revocation of charters, franchises and. acts of incorporation, . . 128 
Reward, petitions for, circulation of, under initiative and referendum, to be 

regulated by general court, . . . . . . . . . 136 

Right of peaceable assembly, not a subject for initiative petition, . . . 129 

Rights, declaration of 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, 111,139 

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 

manner of election, etc., same as governor, ...... 14.5 

term of office, .......... 117,145 

not to be a legislator, ......... 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 

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— REAKRANGEMENT. 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 
117, 120 



122, 



governor and at least five councillors, to examine and count votes, and 

issue summonses to members, . . . 

to be final judges of elections, returns and qualifications of their own 
members, ......... 

vacancy to be filled by election, by people of the district, upon order of 
majority of senators elected, .... 

qualifications of a senator, ....... 

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

may, by concurrent vote, take a recess of not more than thirty days, 
to choose its officers and establish rules, ..... 

shall try all impeachments, ....... 

quorum of .......... . 

may punish for certain offences; trial may be by committee, 
may require the attendance of the secretary of the commonwealth in 
person or by deputy, ....... 

may require the opinions of the justices of the supreme judicial court 

upon important questions of law, and upon solemn occasions, 
certain officers not to have seats in, . 

to enter objections, made by governor to passage of a bill or resolve, at 
large on records, y ...... . 

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

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

apportionment based upon legal voters, ..... 

Sessions, court of, judges and other offices, ..... 

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, religious, etc., appropriation of public money or credit, etc., not to be 

made to found any, . . . . . . . . IIL 

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

Soldiers and sailors, who have served in time of war, etc., not disqualified 

from voting on account of non-payment of poll tax, 
Soldiers' Home in Massachusetts, appropriations may be made for support of. 
Solicitor general, appointment of, ....... . 

incompatible offices, . . . . . . . . .148 



121 

121 

121 
120, 121 
122 
118 
121 
123 
118 
124 

146 

147 
149 

119 

120 
120 
149 



139 

115 

116 
HI 
141 
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, no# 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, .......... 127 

110 

118 

139 

143 



Style, of body politic, 
of legislature, . 
of governor, 
of lieutenant-governor. 
Subjects, certain, excluded from initiative or referendum petition, 128, 129, 134 

Substitute, legislative, for initiative petition, ...... 130 

Succession to vacancy in governorship, ...... 143, 145 

Supplementary budgets, governor may recommend, ..... 138 

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., . . . . . . .111 

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 



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, 
Term of any loan contracted by the commonwealth to be recommended by 
governor, ....... 

Tests abolished, ........ 

Title of body politic, — The Commonwealth of Massachusetts, 

Title of governor to be, — His Excellency, 

Title of legislature, — The General Court of Massachusetts, 

Title of lieutenant-governor to be, — His Honor, 

Town, etc., measure or law restricted to a particular, to be excluded from 

proposal by initiative or referendum petition, 
Town clerk to make record and return of elections, 
Town meetings, selectmen to preside at, 
Town representation in the legislature. 
Towns, may be chartered as cities, when, . 

voting precincts in, . . . 

Towns and cities, not to aid certain schools, educational, charitable, religious 
or other institutions with moneys raised by taxation, 

may provide food and shelter during time of war, public emergency, etc 

may take ancient landmarks, etc., for public use, 

may limit buildings for certain uses to specified districts. 
Trading, public, by the commonwealth, cities and towns, permitted, . 
Training of the militia and naval forces, ...... 

Treason and felony, no subject to be declared guilty of, by the legislature. 
Treasurer, to be chosen by the people biennially in November, beginning in 
1920, . 11 

to hold office for two years from third Wednesday in January next there- 
after, and until another is chosen and qualified, . . 117, 14.5 



116 
117, 122 
117, 139 
117,143 
117, 143 
117, 145 
141, 146 
116, 129, 134, 146 

146 



141 

139 
148 
110 
139 
118 
143 

129, 134 
121 

121 

20-123 

126 



117 

111 
127 
128 
128 
127 
147 
11.5 

14.5 



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

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

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

no person eligible for more than three successive terms (six years), 

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

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, 
vacancy occurring during session of the legislature, filled by joint ballot 

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



14.5 

146 
146 
149 



14.5 



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 moneys 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 



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, . . . 1 37 

Vote, yea 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 1925, 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 

plurality 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. 



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 office, . 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., .... 13^ 

Year, political, begins on the first Wednesday of January, . . . .118 



ACTS AND RESOLVES 

OF 

MASSxlCHUSETTS 
1921 



^F" The General Court of the year nineteen hundred and twenty-one as- 
sembled on Wednesday, the fifth day of January. The oaths of office were 
taken and subscribed by His Excellency Channing H. Cox and His Honor 
Alvan T. Fuller, on Thursday, the sixth day of January, in the presence of 
the two Houses assembled in convention. 



ACTS 



An Act to provide for the calling of certain town nhn^ 1 

MEETINGS IN METHUEN. 

Be it enacted by the Setiate and House of Representatives in 
General Court assembled, and by the authority of the same, 
as follows: 

Section 1. Samuel Rushton, William L. Stedman and Provision for 

II i<Tv/ri urifci calling certain 

Henry Dean, elected selectmen or Metnuen on March nith, town meetings 
In the year nineteen hundred and seventeen, are hereby au- 
thorized and empowered forthwith to notify, in the manner 
provided by law, a meeting of the inliabitants of Methuen, 
duly qualified to vote, for the purpose of voting whether or 
not to petition the general com-t to erect and constitute a 
city government in said IMethuen. 

Section 2. All inhabitants of IVIethuen whose names who entitled 
appear as qualified voters of said Methuen upon the latest ° ^° ®' ® *'• 
voting lists prepared by John T. Douglas, Ansel L. Huck- 
man, Henry H. Crompton and Edward J. Feeney, as regis- 
trars of voters of said Methuen, shall be entitled to vote at 
such meeting. 

Section 3. This act shall take effect upon its passage. 

Approved January 19, 1921. 



An Act to authorize the city of melrose to pension 
carrie m. worthen. 

Be it enacted, etc., as follows: 

Section 1. The city of Melrose may pay to Carrie M. g^Y'J'^f ^^ 
Worthen, for about forty-eight years a librarian at the Mel- pension Came 
rose Public Library, a pension not exceeding fifty dollars ^' '^°'^^^''- 
monthly. 

Section 2. This act shall take effect upon its acceptance To be sub- 
by the city council of the said city, subject to the pro\isions "uncl^tf ^ 
of its charter, provided that such acceptance occurs prior to Proviso. 
December thirty-first in the current year. 

Approved January 26, 1921. 



Chap. 



Acts, 1921. — Chaps. 3, 4, 5. 



City of 
Melrose may 
pension John 
Dragon. 



To be sub- 
mitted to city 
council, etc. 

Proviso. 



Chap. 3 An Act to authorize the city of melrose to pension 

JOHN DRAGON. 

Be it enacted, etc., as follows: 

Section 1. The city of Melrose may pay to John Dragon, 
for about twenty-five years employed by it as a laborer and 
now incapacitated, a pension not exceeding one half of the 
average annual compensation paid him as laborer during the 
two years next prior to his retirement. 

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 
December thirty-first in the ciurent year. 

Approved January 26, 1921. 

Chap. 4 An Act to authorize the city of taunton to discon- 
tinue A PART OF THE CASWELL BURIAL GROUND. 

Be it enacted, etc., as follows: 

Section 1. The city of Taunton may discontinue for use 
as a burial ground such part of the Caswell lot, so-called, 
owned by it and Ijing on the southerly side of Middleboro 
a^'enue in said city, as is not now occupied by graves or lots, 
and may use for school purposes the said part so discontinued, 
provided, that notliing herein contained shall be deemed to 
authorize the use of said lot contrary to any restrictions 
thereon without the consent of the heirs or legal representa- 
tives of C\Tus Caswell and Julia Fairbanks, under whose 
deeds the city holds title to the said land. 

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, pro\'ided that such acceptance occurs prior to 
December thirty-first in the current year. 

Approved January 26, 1921. 

Chap. 5 An Act relative to the government of the town 

OF WINTHROP AND TO THE PARTICIPATION OF WOMEN 
THEREIN. 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and twenty-seven of 
the acts of nineteen hundred and twenty is hereby amended 
by striking out the word "male", wherever it appears in said 
chapter. 



City of 
Taunton may 
discontinue 
part of Caswell 
burial ground. 



Proviso. 



To be sub- 
mitted to city 
council, etc. 



Proviso. 



1920, 427, 
amended. 
Word "male" 
struck out of 
law relative to 
government of 
town of 
VVinthrop. 



Acts, 1921. — Chap. 5. 5 

Section 2. Section one of said chapter four hundred and amended. ^ *' 
twenty-seven is hereby amended by striking out, in the sixth Maximum 
line, the word "one", and inserting in place thereof the votwsTn" 
word: -three. ^ _ ^^^'^ 

Section 3. Section two of said chapter four hundred 1920, 427, § 2, 
and twenty-seven is hereby amended by striking out, in the Town meeting 
fifth line, the word "six", and inserting in place thereof the ^|c™on,^etc. 
words: — the largest number which is divisible by three and 
which will not exceed tlu-ee, — by striking out, in the fom-- 
teenth line, the word "two", and inserting in place thereof 
the words : — the largest number which will not exceed one, 

— and by inserting after the word "precincts", the first 
time it occurs in the nineteenth line the following sentence: 

— The number of town meeting members to be elected in 
any year from each precinct shall be based on the number of 
registered voters in the precinct as of the first day of Jan- 
uary prior to the annual town election. 

Section 4. Section three of said chapter four hundred amended.^ ^' 
and twenty-seven is hereby amended by striking out, in the Town meeting 
tM'entieth line, the word "own", and inserting in place thereof j^id^csTf 

J 1 1 X election, etc., of 

the word : town. ^ their members. 

Section 5. Section five of said cluipter four himdred and 1920, 427, § 5, 

, , 1 1 1 •! • "1 amended. 

twenty-seven is hereby amended by striking out, m the warrant 
fourth and fifth lines, the words "granting licenses for the acted*^uponr 
sale of intoxicating liquors". ®*^^- 

Section 6. Section seven of said chapter four hundred amended ^ ^' 
and twenty-seven is hereby amended by striking out, in the Notice to town 
eleventh line, the word "four", and inserting in place thereof bers of^m'eet™' 
the word : — seven, — and by striking out, in the last line, V"aclnci^'! etc. 
the word "five", and inserting in place thereof the word: — 
three. 

Section 7. Section eight of said chapter four hundred amended.^ ^' 
and twenty-seven is hereby amended by striking out, in the Votes author- 
second line, the words "making an appropriation", and in- tur"<l,^wS '" 
serting in place thereof the words : — ■ authorizing an ex- op*""^*'"^^- 
penditure, — by striking out, in the third line, the words 
"specific purpose", and inserting in place thereof the words: 

— special appropriation, — and by striking out, in the Referendum, 
eighteenth and nineteenth lines, the words " by the vote of 

a majority of the voters at large voting thereon", and in- 
serting in place thereof the words : — by a majority vote or 
otherwise as required by law. 
Section 8. This act shall take effect upon its passage. 

Approved January 28, 1921. 



Acts, 1921. — Chaps. 6, 7. 



1857, 2, § 5. 
etc., amended. 



Appointment 
of assistant 
assessors in 
city of New 
Bedford. 



Chap. 6 An Act to provide for additional assessors in the 

CITY OF NEW BEDFORD. 

Be it enacted, etc., as folio ws: 

Section 1. Section five of chapter two of the acts of 
eighteen hundred and fifty-seven, as amended by chapter one 
hundred and eighty-fom* of the Special Acts of nineteen hun- 
dred and se\'enteen, is hereby fiu'ther amended by striking 
out at the beginning of the last paragraph, the words " During 
the year nineteen hundred and seventeen, the board of 
assessors of the city of New Bedford shall appoint six suitable 
persons, for the term of one year, one from each ward, to be 
assistant assessors; and annually thereafter twelve suitable 
persons, two from each ward", and inserting in place thereof 
the following : — During the year nineteen hundred and 
twenty-one and annually thereafter as many suitable persons 
as the board of assessors may deem necessary, — so that the 
said paragraph will read as follows: — During the year nine- 
teen hundred and twenty-one and annually thereafter as 
many suitable persons as the board of assessors may deem 
necessary, residents of the city of New Bedford shall be ap- 
pointed assistant assessors by said board for such term as 
the board may determine. The said assistants shall furnish 
the assessors with such information as they may require 
relative to the persons and property taxable in the city of 
New Bedford. They shall receiAC for their services such 
compensation per diem as the city council may determine. 
In making the said appointments named herein, the board of 
assessors shall not be subject to the provisions of the civil 
service laws and regulations. 

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 December thirty-first in the current year. 

Approved January 29, 1921. 



Compensation, 
etc. 



To be sub- 
mitted to city 
council, etc. 

Proviso. 



Chap. 7 An Act authorizing the city of lynn to pension 

CHARLES O. BAIRD. 

Be it enacted, etc., as follows: 

Say pen^s"ro"n" Section 1. The school committec of the city of Lynn 

g^arjeso. jj;iay pay to Charles O. Baird, who has reached the age of 

seventy-two years, after completing a service of not less than 



Acts, 1921. — Chaps. 8, 9. 7 

twenty-four years in the employ of the school department of 
said city, and who has become physically incapacitated, an 
annual pension as long as he lives, not exceeding one half of 
the compensation which he received as school house me- 
chanic. 

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 Sundi, etc! 
provisions of its charter, pro\ided that such acceptance Proviso, 
occurs prior to December thirty-first in the current year. 

Approved February 3, 1921. 

An Act authorizing the city of Cambridge to pay a (Jj^uj g 

SUM of money to the widow of JAMES M. COLLINS. 

Be it enacted, etc., as follows: 

Section 1. The city of Cambridge may pay to Grace CityofCam- 
Collins, widow of James M. Collins, formerly a fireman in pay I sum of 
said city, a sum equal to the amount of salary which he widrnvof" 
would have received had he lived to March thirty-first, J^mes m. Coi- 
nineteen hundred and twenty-one, the end of the financial 
year. 

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- council, etc. 
visions of its charter, provided such acceptance occurs prior Proviso. 
to December thirty-first in the current year. 

Approved February 3, 1921. 

i\.N Act authorizing the city of beverly to compen- Chap. 9 

SATE THE MEMBERS OF ITS BOARD OF ALDERMEN. 

Be it enacted, etc., as folio ws: 
Section 1. Section thirteen of chapter five hundred and i9io. 542 §i3, 

„ „ , „ . 1111 -11 amended. 

lorty-two 01 the acts or nmeteen hundred and ten is hereby 
amended by striking out, in the tenth line, the word "no", 
and inserting in place thereof the following: — a sum not ex- 
ceeding three hundred dollars in full, — so as to read as fol- 
lows: — Section 13. The board of aldermen shall, so far as ^'*y°^ 
is consistent with this act, have and exercise all the legislative compensate^ 
power of towns and of the inhabitants thereof, and shall us^toaTdof 
have and exercise all the powers now vested by law in the ^''^^™^'»- 
city of Beverly and in the inhabitants thereof as a municipal 
corporation, and shall have all the powers and be subject to 
all the liabilities of city councils and of either branch thereof, 
and it may by ordinance prescribe the manner in which such 



8 



Acts, 1921. — Chaps. 10, 11. 



Board sessiona 
to be public, 
etc. 



To be sub- 
mitted to 
voters, etc. 



powers shall be exercised. Its members shall receive a sum 
not exceeding three hundred dollars in full compensation for 
their services as members of the board of aldermen or of 
any committee thereof. Sessions of the board whether as a 
board of aldermen or as a committee of the whole shall be 
open to the public, and a journal of its proceedings shall be 
kept, which journal shall be subject to public inspection. 
The vote of the board upon any question shall be taken by 
roll call when the same is requested by at least three mem- 
bers. Nothing herein shall prevent the board, by special 
vote, from holding private sittings for the consideration of 
nominations by the mayor. 

Section 2. This act shall be submitted to the voters of 
the city of Be\'erly at the annual city election in the current 
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 placed upon the official 
ballot: "Shall the act passed by the general coiu-t, in the 
year nineteen hundred and twenty-one, providing for the 
compensation of members of the board of aldermen, be ac- 
cepted?" Approved February 3, 1921. 



Chap. 10 An Act authorizing the city of Cambridge to pension 

MARY E. MANNIX. 



City of 
Cambridge 
may pension 
Mary E. 
Mannix. 



To be sub- 
mitted to city 
council, etc. 

Proviso. 



Be it enacted, etc., as follows: 

Section 1. The city of Cambridge may retire Mary E. 
Mannix, an employee of the building department, on an 
annual pension equal to one half her average annual com- 
pensation for the tlu-ee years next preceding January first, 
nineteen hundred and twenty-one. 

Section 2. This act shall take effect upon its acceptance 
by vote of the city council of said city, subject to the provi- 
sions of its charter, pro\ided that such acceptance occurs 
prior to December thirty-first in the current year. 

Approved February 3, 1921. 



Chap. 11 An Act authorizing the city of chelsea to pension 

ETTA A. SWAN. 



City of 
Chelsea may 
pension Etta 
A. Swan. 



Be it enacted, etc., as follows: 

Section 1. The city of Chelsea may retire Etta A. Swan, 
an employee of said city for the past twenty-eight years, on 
an annual pension not exceeding the sum of four hundred 



AcTS; 1921. — Chaps. 12, 13. 9 

and eighty-five dollars and fifty cents, said sum being one 
half her average annual compensation for the tliree years 
next preceding January first, nineteen hundred and twenty- 
one. 

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 provi- TOuncii,*etc!'^ 
sions of its charter, proxnded that such acceptance occurs Proviso. 
prior to December thirty-first in the current year. 

Approved February 3, 1921. 



An Act authorizing the city of chelsea to pension QJkij) \2 
medora j. simpson. 

Be it enacted, etc., as follows: 

Section 1. The city of Chelsea may retire Medora J. chdselmay 
Simpson, librarian of its public library for the past fifty-one §^"^'j" ^^ 
years, on an annual pension not exceeding six hundred and Simpson. 
sixteen dollars and fifty cents, said sum being one half her 
average annual salary for the three years next preceding 
January first, nineteen hundred and twenty-one. 

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 provi- TOuncii, etc! ^ 
sions of its charter, provided that such acceptance occurs Proviso 
prior to December thirty-first in the current year. 

Approved February 3, 1921. 

An Act authorizing the city of Cambridge to pension Chav. 13 

HENRY T. BURRAGE. 

Be it enacted, etc., as folio ws: 

Section 1. The city of Cambridge may retire, prior to cityofCam- 
December thirty-first, nineteen hundred and twenty-one, pe'ns!on"Henry 
Henry T. Burrage, an employee of its engineering depart- ^' ®""^s^- 
ment, on an annual pension equal to one half of the average 
annual compensation paid him for the three years next pre- 
ceding January first, nineteen hundred and twenty-one. 

Section 2. Tliis act shall take effect upon its acceptance To be sub- 
by vote of the city council of said city, subject to the pro\'i- roundi^etc!*^ 
sions of its charter, pro\aded such acceptance occurs prior to Proviso. 
December thirty-first in the current year. 

Approved February 4, 1921. 



10 



Acts, 1921. — Chaps. 14, 15. 



Emergency 
preamble. 



Chap. 14 An Act to authorize assessors in towns to appoint 

ASSISTANT ASSESSORS. 

Whereas, It is desirable that this act take effect forthwith 
in order that the several towns may pass upon its acceptance 
at their current annual meetings, therefore, it is hereby de- 
clared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 



G. L. 41, 
amended, new 
section after 
§25. 

Assistant 
assessors in 
towns, ap- 
pointment, 
etc. 



Boston Baptist 
City Mission 
Society and 
Boston Baptist 
Bethel Society 
consolidated. 



Be it enacted, etc., as follows: 

Chapter forty-one of the General Laws is hereby amended 
by inserting after section twenty-five the following new sec- 
tion: — Section 25 A. In towns which accept this section the 
assessors may appoint and remove citizens of the town as 
assistant assessors, who shall, subject to the supervision of 
the assessors, act as assistant asses.sors of the town and shall 
have all necessary powers therefor. In this section, the word 
towns shall not include cities. Approved February 9, 1921. 

Chap. 15 An Act to consolidate the boston baptist city mission 

SOCIETY AND THE BOSTON BAPTIST BETHEL SOCIETY. 

Be it enacted, etc., as follows: 

Section 1. The Boston Baptist City Mission Society 
and the Boston Baptist Bethel Society, corporations estab- 
lished under the laws of the commonwealth, are hereby con- 
solidated in one corporation under the name of the Boston 
Baptist Bethel City Mission Society, which shall in all re- 
spects be a continuation of, and the lawful successor to, the 
corporations hereby consolidated, and all devises, bequests, 
conveyances and gifts heretofore or hereafter made to either 
of said corporations, however described, and all the powers 
and privileges thereof shall A'est in said consolidated corpora- 
tion and all trusts now or hereafter vested in either of said 
corporations shall be preser^'ed inviolate, and all provisions 
relating thereto shall have full force and effect in said con- 
solidated corporation. 

Section 2. The officers of the existing Boston Baptist 
Bethel Society shall be, until their successors are chosen and 
qualified, the officers of the consolidated corporation, which 
shall be governed by the by-laws of said existing corporation 
until the same shall be duly superseded. 

Section 3. The treasurers of the said existing corpora- 
tions are hereby respectively authorized to execute all papers 



Officers. 



Execution of 
transfer 
papers, etc. 



Acts, 1921. — Chaps. 16, 17. 11 

and documents that may be deemed necessary' or proper for 
effecting the transfer of the property of said existing corpo- 
rations respectively to the consoHdated corporation. 

Section 4. The said consohdated corporation may, ex- Property may 
cept where appointed to fill a vacancy in the office of trustee, trust, etc. 
receive and hold property in trust without judicial appoint- 
ment and in no case shall said corporation be required to 
furnish any bond as trustee or to render any account other 
than that appearing in its printed reports. 

Section 5. In addition to the functions heretofore exer- Additional 
cised by said existing corporations the objects of the consoli- consolidated 
dated corporation shall be to carry on missionary and evan- '=°''p°'''**'°"- 
gelistic work in Boston and its \icinity and to give increased 
efficiency to the missionary and benevolent operations of the 
Baptist denomination therein. 

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

Approved February G, 1921. 

An Act validating certain proceedings of the erving Qhav. 16 
water district. 

Be it enacted, etc., as follows: 

Section 1. The acts and proceedings of the Er\ing Water Certain pro- 
District at a district meeting held October twenty-fifth, nine- ETving^Vater 
teen hundred and twenty, are hereby validated and con- dite™* ^'*''' 
firmed, and said meeting is hereby declared to be the annual 
meeting of said district for the year nineteen hundred and 
twenty, and all officers elected at said meeting shall hold 
office for the several terms for which they were elected, 
notwithstanding the failure of said district to comply with 
the provisions of chapter one hundred and seventy-two of 
the Special Acts of nineteen hundred and eighteen. 

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

Approved February 9, 1921. 

An Act extending the provisions of the civil service Qliav 17 

LAWS TO the chief OF POLICE OR COMMISSIONER OF 
PUBLIC SAFETY OF THE TOWN OF LONGMEADOW. 

Be it enacted, etc., as follows: 

Section 1. The provisions of chapter thirty-one of the chief of police 
General Laws, and the civil ser\qce rules made thereunder, sionTd''^' 
and all acts now or hereafter in force relating to the appoint- ^f'Longmeadow 
ment and removal of police officers, shall apply to the chief Pivii''^er'V'icl.'" 



12 Acts, 1921. — Chaps. 18, 19. 

of police or commissioner of public safety of the town of 

Longmeadow. 
mhtedTo^ Section 2. This act shall be submitted to the voters of 

voters, etc. ^j-^g towu of Lougmcadow at the next town meeting, and 

shall take effect upon its acceptance by a majority of the 

voters voting thereon. Approved February 9, 1921. 



Chap. 18 An Act authorizing the county of Bristol to pension 

JAMES W. COUNSELL. 

Be it enacted, etc., as folio ivs: 

B^i^to^mly The county commissioners of the county of Bristol may, 

w^cCunseu'.^' ^u Or bcforc December thirty-first, nineteen hundred and 
twenty-one, retire James W. Counsell, for twenty-three years 
in its service, on an annual pension equal to one half the 
average annual compensation paid him for the three years 
next preceding January first, nineteen hundred and twenty- 
one. Approved February 9, 1921. 

Chap. 19 An Act to authorize the calling of town meetings 

IN THE TOWN OF METHUEN. 

Be it enacted, etc., as follows: 

town"meitings Section 1. Samucl Rushton, William L. Stedman and 
in town of Henry Dean, elected selectmen of IMethuen on March fifth, 
nineteen hundred and seventeen are hereby authorized and 
empowered to notify in the manner pro\dded by law, a 
meeting of the inhabitants of Methuen, duly qualified to 
vote, for the purpose of voting whether or not to petition 
the general court to erect and constitute a limited or repre- 
sentative town meeting form of goN'ernment in said ]\Iethuen, 
and they are further authorized to call from time to time 
until the election and qualification of their successors, such 
town meetings as they may deem necessary, 
t^'^voteat'*'* Section 2. All inhabitants of Methuen whose names 
town meetings, appear as qualified \'oters of said Methuen upon the latest 
voting lists prepared by John T. Douglas, Ansel L. Huck- 
man, Henry H. Crompton and Edward J. Feeney, as regis- 
trars of voters of said Methuen, shall be entitled to vote at 
any town meeting called by said selectmen previous to the 
election and qualification of their successors unless the names 
Registrars of of aiiy sucli votcrs are on said check list contrary to law, and 
tinurto°aS,"etc. Said registrars of voters shall continue to act as such in said 



Acts, 1921. — Chaps. 20, 21, 22. 13 

town until after the next annual town meeting and their acts 
as registrars of voters are hereby ratified and confirmed and 
made vaUd to the same extent as if they had been duly 
qualified registrars of voters in said town. 
Section 3. This act shall take effect upon its passage. 

Approved February 10, 1921. 



An Act to abolish the office of highway surveyor QJidj) 20 

OF THE TOWN OF NATICK. 

Be it enacted, etc., as follows: 

Section 1. Upon the election and qualification of the office of high- 
commissioners of public works in the town of Natick imder oTtow"n o^f^'"^ 
the provisions of chapter twenty-two of the acts of nineteen ^i^Ushed. 
hundred and twenty, the office of liighway surveyor in said 
town shall be abolished, and all the powers, rights, duties 
and liabilities of said office or officer so abolished shall be 
transferred and imposed upon the said commissioners of 
public works. 

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

Approved February 10, 1021. 

An Act confirming a certain conveyance by the city Chav 21 

OF WOBURN. 

Be it enacted, etc., as follows: 

Section 1 . The action of the city of Woburn in making Certain con- 
conveyance, by deed dated August twenty-first, nineteen dtrorwoburn 
hundred and sixteen, of certain land on the southerly side of '^""S'''"'^'^- 
Montvale avenue in said city to the Woburn Grange Build- 
ing Corporation of Woburn, Massachusetts, is hereby vali- 
dated and confirmed. 

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

Approved February 10, 1921. 



An Act relative to interest rates on county se- Chap. 22 

CURITIES. 

Whereas, The deferred operation of this act will necessitate Emergency 
the passage of several special acts relative to the rate of p'"^^'"'''^- 
interest on county securities, therefore, this act is hereby 
declared to be an emergency law, necessary for the imme- 
diate preservation of the public convenience. 



14 



Acts, 1921. — Chap. 23. 



G. L. 35, § 39, 
amended. 



Interest rates 
on county 
securities. 



Be it enacted, etc., as follows: 

Section thirty-nine of chapter thirty-five of the General 
Laws is hereby amended by adding at the end thereof the 
following : — notwithstanding any general or special pro- 
vision of law enacted prior to said date, — so as to read as 
follows : — Section 39. All bonds, notes and other securities 
issued by any county after April twenty-second, nineteen 
hundred and twenty, shall bear such rate of interest as the 
county treasurer, with the approval of the county commis- 
sioners, may fix, notwithstanding any general or special pro- 
vision of law enacted prior to said date. 

Approved February 10, 1921. 

Chap. 23 An Act to increase sewer betterment assessments 
IN the town of north andover. 

Be it enacted, etc., as follows: 

Section 1. Section six of chapter three hundred and 
eighty of the acts of nineteen hundred and six is hereby 
amended by striking out, in the sixth line, the word "Three", 
and inserting in place thereof the word : — Six, — so as to 
read as follows : — Section 6. The owners of estates bene- 
fited by and abutting on any streets or ways, public or 
private, in which sewers shall be laid under the pro\asions of 
this act, shall pay to said town toward defraying the cost of 
said sewer system or systems of sewerage and sewage dis- 
posal an assessment or betterment charge as follows : — Six 
tenths of one cent per square foot of area within the 
depth of one hundred feet from the line of such street or 
way. In the case of corner estates abutting on more than 
one sew^ered street the same area shall not be assessed twice. 
No estate shall be deemed benefited unless or until a sewer 
has been constructed into which it can be drained. The re- 
mainder of the cost of said system or systems shall be borne 
by the town. No particular or other sewers from any estate 
or part of an estate not already assessed or not liable to 
assessment as provided above shall be entered into a common 
sewer, except upon the payment of such an assessment and 
upon such other terms and conditions as the board of public 
works shall determine. 

Section 2. This act shall take effect upon its acceptance 
within two years after its passage by a majority of the voters 
of the town of North Andover voting thereon at a town 
meeting. Approved February 10, 1921. 



1906, 380, § 6, 
amended. 



Sewer better- 
ment assess- 
ments in town 
of North 
Andover in- 
creased. 



To be sub- 
mitted to 
voters, etc. 



Acts, 1921. — Chaps. 24, 25. 15 



An Act relative to the construction of weirs, pound Chap. 24 

NETS OR FISH TRAPS IN TIDE WATER. • 

Whereas, There is immediate need of further regulation of Emergency 

, „ . , . . preamble. 

the use and construction of weirs, pound nets, etc., m tide 
waters, therefore this act is hereby declared to be an emer- 
gency law necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as follows: 

Chapter one hundred and thirty of the General Laws is g. l. i3o, ^ 
hereby amended by striking out section one hundred and amended. 
forty-five and inserting in place thereof the following : — 
Section 145. The aldermen of a city and the selectmen of a city and 

, 1 • .., . •' •.. ,,• town officials 

toAvn lying upon tide water, may, m writing, authorize any may authorize 
person to construct weirs, pound nets or fish traps in tide we'irs!^etc'?"n° 
water in locations not only where no harbor lines exist but t^'^^ ^■^t^'"- 
also in locations beyond established harbor lines, within the 
limits of such city or town, for a term not exceeding five 
years, upon such terms and subject to such regulations, as 
the aldermen and the selectmen may, in their discretion im- 
pose, but no authority or license so given shall be valid unless 
approved in writing by the di^^sion of waterways and public 
lands of the department of public works, upon such terms 
and subject to such conditions as it may, in its discretion, 
impose. Approved February 11, 1921. 



An Act to protect fish in certain waters of menem- Qhav. 25 

SHA pond in the TOWN OF GAY HEAD. 

Be it enacted, etc., as folloics: 

Section 1. No person shall practice beam trawling in Beam trawling 
that part of INIenemsha pond which lies within the town of ceTtain waters 
Gay Head without first securing a permit therefor from the pond^i'n'cfi'y 
selectmen of said town. The said selectmen may, subject to ^rmitl'*"^""* 
such regulations as they may from time to time prescribe, 
grant permits in writing to practice beam trawling in said 
part, and may charge a reasonable fee therefor. They may 
revoke said permits at any time. 

Section 2. Violation of this act shall be punished by a Penalty, 
fine of not more than fifty dollars. 

Apyroved February 16, 1921. 



16 



Acts, 1921. — Chaps. 26, 27, 28. 



Needham 
School Loan 
Act of 1921. 



Chap. 26 An Act authorizing the town of needham to borrow 

MONEY FOR A GRAMMAR SCHOOL BUILDING. 

Be it enacted, etc., as follmvs: 

hamViy^"^'^' FoF the purpose of constructing a grammar school biiild- 
fo/a°rr^mar ^^§' ^^^ ^^^ ^^^^ puFchasc of Original equipment and furnish- 
schooi building, jngs for Said building, the town of Needham may borrow a 
sum not exceeding one hundred and twenty-five thousand 
dollars and may issue bonds or notes therefor which shall 
bear on their face the words, Needham School Loan, Act of 
1921. Each issue thereof shall constitute a separate loan. 
Indebtedness incurred under this act shall be in excess of the 
statutory limit but shall otherwise be subject to chapter 
forty-four of the General Laws. 

Ajjproved February 16, 1921. 

Chap. 27 An Act authorizing the town of watertown to incur 

INDEBTEDNESS FOR ADDITIONAL SCHOOL ACCOMMODA- 
TIONS. 

Be it enacted, etc., as follows: 

Section 1. The town of Watertown, for the purpose of 
paying the cost of construction of a schoolhouse and the cost 
of the original equipment and furnishings for the same, to be 
located in the western part of said to^n, or elsewhere in said 
town, as it shall direct, may borrow from time to time such 
sum or sums of money, as, in the aggregate, shall not exceed 
three hundred and fifty thousand dollars, and may issue notes 
or bonds therefor which shall bear upon their face the words, 
Watertown School Loan, Act of 1921. Each of said issues 
shall constitute a separate loan. Indebtedness incurred under 
this act shall be in excess of the statutory limit but shall 
otherwise be subject to chapter forty-four of the General 
Laws. 

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

Approved February 18, 1921. 

Chap. 28 An Act authorizing the city of lynn to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Say borrow" Section 1. Thc city of Lynn, for the purpose of con- 
Zhm\ ^°^ structing, equipping and furnishing a junior high school 
poses. building, and for the purchase of land therefor, may issue 



Town of Water- 
town may 
incur in- 
debtedness for 
additional 
school accom- 
modations. 



Watertown 
School Loan, 
Act of 1921. 



Acts, 1921. — Chap. 29. 17 

from time to time notes or bonds to an amount not exceed- 
ing four hundred thousand dollars, and for the purpose of 
constructing, equipping and furnishing elementary school 
buildings, may issue from time to time notes or bonds to an 
amount not exceeding one hundred thousand dollars. Such city of Lynn 
notes or bonds shall bear on their face the words, City of f^^olmT' 
L\mn School Loan, Act of 1921 ; shall be signed by the treas- 
urer, countersigned by the auditor, and approved by the 
mayor; shall be issued in excess of the statutory limit of in- 
debtedness of said city, and except as herein provided, shall 
be subject to chapter forty-four of the General Laws. Each 
authorized issue shall constitute a separate loan. 

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

Approved February 18, 1921. 

An Act relative to the construction of a system of Qhdjy 29 

SEWERAGE IN THE TOWN OF BRAINTREE. 

Be it enacted, etc., as folio ws: 

Section 1. Chapter five hundred and thirty-five of the 1910,535. §6, 
acts of nineteen hundred and ten is hereby amended by '""^" 
striking out section six and inserting in place thereof the fol- 
lowing: — Section 6. The town of Braintree, for the purpose Town of 
of paying the necessary expenses and liabilities incurred ^cu" 'in-^ ""^^ 
under this act, may incur indebtedness to an amount not ex- ^he co1i°t?uc°' 
ceeding five hundred thousand dollars, and may issue from ^'^JJ^^^f 
time to time therefor bonds or notes; and the debt and loan sewerage. 
authorized by this act and the bonds or notes issued therefor 
shall not be reckoned in determining the statutory limit of 
indebtedness of the town. Such bonds or notes shall bear Braintree 
on their face the words, Braintree Sewerage Loan, Act of Loan^^lctof 
1910, shall be payable within periods not exceeding thirty ^^^*'- 
years from the dates of issue, and shall carry such rate of 
interest as may be fixed by the town treasurer with the ap- 
proval of the selectmen, payable semi-annually. They shall 
be signed by the treasurer of the town and countersigned by 
a majority of the selectmen. The town may from time to 
time sell such securities, or any part thereof, at public or 
private sale, but not for less than their par value. The pro- 
ceeds thereof shall be retained in the treasury, and the treas- 
urer shall, upon the order of said board of commissioners, 
pay therefrom the expenses incurred for the purposes afore- 
said. 

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

Approved February 18, 1921. 



18 



Acts, 1921. — Chaps. 30, 31, 32. 



Chap. 30 An Act authorizing the city of taunton to appropri- 
ate MONEY FOR THE RELIEF OF PERSONS INJURED BY 
RABID DOGS. 

Be it enacted, etc., as follows: 

Section 1. The city of Taunton may appropriate in the 
year nineteen hundred and twenty-one a sum of money, not 
exceeding the sum received from the Bristol county dog 
fund for the year nineteen hundred and twenty, for the pur- 
pose of pacing in whole or in part the expense of Pasteur 
treatment incurred by persons in said city who were injured 
by rabid dogs in the year nineteen hundred and twenty, and 
out of said appropriation may pay for said purpose such 
sums as its municipal council may determine to be fair and 
reasonable. 

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

Approved February 18, 1921. 



City of 
Taunton may 
appropriate 
money for 
relief of 
persons in- 
jured by 
rabid dogs. 



Chap. 31 An Act authorizing the town of montague to ap- 
propriate MONEY FOR PUBLIC BAND CONCERTS. 

Be it enacted, etc., as follows: 

Section 1. The town of Montague may appropriate 
annually, a sum not exceeding one thousand dollars, to be 
expended for public band concerts under the direction of the 
selectmen. 

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

Approved Fehniary 18, 1921. 



Town of 

Montague 
may appro- 
priate money 
for public 
band concerts. 



Chap. 32 An Act authorizing the city of newburyport to 

BORROW MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring a site and 
building a school building in the southeasterly part of the 
city of Newburyport, said city may, from time to time, 
borrow such sums not exceeding, in the aggregate, one hun- 
dred and fifty thousand dollars, as may be necessary, and 
may issue notes or bonds therefor, which shall bear on their 
face the words, Newbu^^'port School Loan, Act of 1921. 
Each authorized issue shall constitute a separate loan. In- 



City of 
Newburyport 
may borrow 
money for 
school pur- 
poses. 



Newburyport 
School Loan, 
Act of 192L 



Acts, 1921.— Chaps. 33, 34. 19 

debtedness incurred under this act shall be in excess of the 
statutory limit but shall otherwise be subject to chapter 
forty-four of the General Laws. 
Section 2. This act shall take effect upon its passage. 

Approved February 18, 1921. 



An Act to authorize the town of Norwood to make (7/^^r) 33 

AN additional W^\TER LOAN. 

Be it enacted, etc., as follows: 

Section 1. The town of Norwood, for the purpose of pro- Town of Nor- 
curing an additional water supply, increasing and improving maklanaddi- 
its storage, pumping and distributing facilities, and extend- f°^f "^^^^^ 
ing and relajang its water mains, may borrow from time to 
time outside the statutory limit of indebtedness such sums 
as may be necessary to an amount not exceeding sixty thou- 
sand dollars; and may issue therefor bonds or notes. Said 
bonds or notes shall be denominated on the face thereof: 
Norwood Water Loan, Act of 1921; shall be signed b.y the Norwood 
treasurer and collector of taxes and countersigned by the tctZikm.' 
selectmen; and shall be payable at the expiration of periods 
not exceeding thirty years from the respective dates of issue 
and in the manner set forth in chapter forty-four of the 
General Laws. Each authorized issue shall constitute a 
separate loan, and any premiums received thereon shall be 
used as directed by general law. 

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

Approved February 18, 1921. 



An Act to extend the time for completing the rail- QJidjy 3^ 

ROAD OF the southern NEW ENGLAND RAILROAD CORPO- 

ration. 

Be it enacted, etc., as follows: 

The time within which the Southern New England Rail- Time for com- 
road Corporation may complete and open its railroad for road"! '"^''' 
use is hereby further extended to December thirty-first, nine- IngSnTS 
teen hundred and twenty-three. ^^'i ^Tp^T'*: 

*' tion, extended. 

Approved February 18, 1921. 



20 



Acts, 1921. — Chaps. 35, 36. 



Chap. 35 An Act to change the time for the sitting of the 

SUPERIOR COURT FOR CIVIL BUSINESS AT NEWBURYPORT 
IN THE COUNTY OF ESSEX. 

Be it enacted, etc., as follows: 

amtnded. ^ '^' Sectioii fourtceii of chapter two hundred and twelve of 
the General Laws is hereby amended by striking out, in the 
seventeenth line, the word "first", and inserting in place 
thereof the word: — second, — and by striking out, in the 
same line, the word "October", and inserting in place 
thereof the word : — November, — so that the clause in- 
cluded in lines fifteen to nineteen, inclusive, will read as 

J/Tup?riof''"^ follows: — For Essex, for civil business, at Salem, the first 
Mondays of June and December; at Lawrence, the 'first 
Monday of March; and at Newbur;\'port, the second Monday 
of November; for criminal business, at Salem, the second 
Monday of January; at Newburyport, the second Monday 
of May; and at Lawrence, the second Monday of September. 

Approved February 18, 1921. 



superior 
court for civil 
business at 
Newburyport 
in county of 
Essex, 
changed. 



Chap. 36 An Act to provide for precinct voting, limited town 

MEETINGS, TOWN MEETING MEMBERS, A REFERENDUM 
AND AN ANNUAL MODERATOR IN THE TOWN OF BROOK- 
LINE. 

Be it enacted, etc., as follows: 

Section 1. Upon the acceptance of this act by the town 



Precinct 
voting, limited 

et^^i^town"^' ^^ Brookline, as hereinafter provided, the division of the 
ofBrookiine. territory of that town into nine voting precincts by the 
selectmen heretofore made by them acting under the pro- 
visions of chapter two hundred and fifty of the Special Acts 
of nineteen hundred and fifteen, as amended, and the re- 
establishment of the same by the selectmen in January, 
nineteen hundred and twenty-one, are hereby ratified and 
confirmed. Upon the revision once in five years as herein- 
after provided, the voting precincts established by the select- 
men shall be not less than eight nor more than twelve, to be 
designated by numbers or letters and to contain approxi- 
mately an equal number of registered voters, but not less 
than six hundred in any precinct. Such precincts shall be 
so established as to consist of compact and contiguous terri- 
tory, to be bounded, as far as possible, by the center line of 
known streets and ways or by other well-defined limits. The 



Acts, 1921. — Chap. 36. 21 

boundaries of all of such precincts shall be rexiewed and, if 
need be, shall be in part or wholly revised, and the number 
of the same may be increased within the limit of twelve by 
the selectmen in the month of January, once in every five 
years, so as to maintain approximately an equal number of 
registered voters in each precinct. The selectmen shall, fe'ort'do"n°s 
within ten days after any and every establishment of such etc. 
precincts or revision thereof, file a report of their doings with 
the town clerk, and also with the registrars of voters and 
with the assessors, with a map or maps or description of 
such precincts and with the names and residences of the 
registered voters therein. The selectmen shall also cause to 
be posted in the town hall a map or maps or description of 
the precincts as established from time to time, with the 
names and residences of the registered voters therein; and 
they shall also cause to be posted in at least three public 
places in each precinct a map or description of that precinct, 
with the names and residences of the registered voters 
therein. The division of the town into voting precincts and ^wn inU^ 
any revision of such precincts shall take effect, respectively, p-Jj^ct? Sate of 
upon the date of the filing of the report thereof by the select- taking effect, 
men with the town clerk. Whenever such precincts are es- 
tablished or revised, the town clerk shall forthwith give 
notice thereof in writing to the secretary of the common- 
wealth, stating the number and designation of such precincts. 
The provisions of chapter fifty-four of the General Laws re- 
lating to precinct voting at all elections, so far as the same 
are not inconsistent with this act, shall apply to the town of 
Brookline, at all elections and primaries preliminary thereto, 
upon the establishment of voting precincts as hereinbefore 
provided. 

Section 2. There shall be twenty-seven town meeting Town meeting 
members of the town in each of such precincts elected by ti'o^ etc^' ^ ^^" 
ballot conformably to the laws relative to elections not in- 
consistent with this act, other than those officials hereinafter 
designated in section three as town meeting members at 
large. The town meeting members heretofore elected under 
the provisions of the said chapter two hundred and fifty of 
the Special Acts of nineteen hundred and fifteen, as amended, 
and those elected at the annual town election in nineteen 
hundred and twenty-one shall be town meeting members for 
the terms for which they were so elected. Hereafter, except 
as^ hereinafter provided, at each annual town election the 
said voters of each precinct in the town shall, in like manner, 



22 



Acts, 1921.— Chap. 36. 



New election 
of town meet- 
ing members, 
when, etc. 



Notice of 
election. 



Town meetings 
limited to 
certain elected 
members and 
members at 
large. 



Notice of town 
meetings. 



Quorum. 



Open doors for 
town meetings. 
No compensa- 
tion for 
members. 



elect nine of their number to be town meeting members of 
the town for the term of three years, and shall at such elec- 
tion fill for the unexpired term or terms any vacancies then 
existing in the number of town meeting members in their 
respective precincts. Upon every revision of the precincts or 
of any of them the term or terms of office of all town meeting 
members within each and every such revised precinct shall 
cease at the next ensuing annual town election, and at such 
annual tow^n election there shall be an entirely new election 
of town meeting members in each and every precinct so re- 
vised, as well as in any new precinct or precincts established. 
The town clerk shall, after every election of town meeting 
members, forthwith notify' each member by mail of his or 
her election, with instructions to signify in writing to the 
town clerk within seven days from the receipt of such notice 
his or her acceptance or refusal of such membership. 

Section 3. The town meetings of Brookline, except as 
otherwise provided for in section five of this act shall, there- 
after, be limited to, or composed each year of, the registered 
voters specified and elected under sections two and seven of 
this act, together with the following, designated as town 
meeting members at large, namely: — (1) the members from 
Brookline in the general court of the commonwealth of Mas- 
sachusetts, (2) the moderator, (3) the town clerk, (4) the 
selectmen, (5) the town treasurer, the chairman of each of 
the following boards: (6) of the assessors, (7) of the school 
committee, (8) of the trustees of the public library, (9) of 
the trustees of the Walnut Hills cemetery, (10) of the water 
board, (11) of the park commissioners, (12) of the planning 
board, (13) of the committee for planting trees, (14) of the 
gymnasium and baths committee, and (15) of the registrars 
of voters. The toMU clerk shall notify the town meeting 
members of the time when and place where town meetings 
are to be held, such notices, when practicable, to be sent by 
mail at least four days before any such meeting. The town 
meeting members, as aforesaid, shall be the judges of the 
elections and qualifications of their own members. Not less 
than one half of all of the town meeting members, as afore- 
said, of any such limited town meeting must be present 
thereat to constitute a quorum for doing business; but a less 
number may organize temporarily and may adjourn from 
time to time. All town meetings shall be held with open 
doors. The town meeting members shall receive no com- 
pensation for their services as such. Subject to such condi- 



Acts, 1921. — Chap. 36. 23 

tions as may be determined from time to time by its mem- 
bers at any such limited town meeting any registered voter 
of the town who is not a town meeting member may speak, 
but not vote, at such a meeting. Any town meeting member Resignations. 
may resign as such member by fihng a written notice to that ^^'^' 
effect with the town clerk, such resignation to take effect on 
the date of such filing; and any town meeting member who 
removes from Brookline shall cease to be a town meeting 
member. 

Section 4. Nominations of candidates for town meeting Nominations. 
members to be elected under section two of this act shall be ""^ '^^ ^' 
made by nomination papers signed in no case by less than 
thirty registered voters of the precinct in which the candidate 
or candidates reside and filed with the town clerk at least 
ten days before election. No nomination paper shall be valid 
in respect to any candidate whose written acceptance is not 
thereon or attached thereto; provided, however, that any Proviso. 
town meeting member may become a candidate for re-election 
by gi^'ing written notice thereof to the town clerk at least 
twenty days before such election. 

Section 5. The articles in the warrant for every town warrant 
meeting in Brookline, so far as they relate to the election of acted' 
the moderator, town officers, town meeting members, as ^^''- 
hereinbefore provided, to referenda and to all matters to be 
acted upon and be determined by ballot by the registered 
voters of the town in their respective precincts, shall be so 
acted upon and be determined. All other articles in the 
warrant for any town meeting in Brookline shall be acted 
upon and be determined exclusively by the town meeting 
members at a meeting to be held at such time and place as 
shall be set forth by the selectmen in the warrant for such 
meeting and subject to the referendum under section eight. 

Section 6. A moderator shall be elected by ballot at Moderator. 
each annual town meeting and shall serve as the moderator 
of all town meetings until his successor is elected and qualified. 
Nominations for moderator and his election shall be as in the 
case of other elective town officers. If a vacancy in the said 
office occurs during any term it may be filled by the town 
meeting members at a meeting held for that purpose. If a 
moderator is absent, a moderator pro tempore may be 
elected by the town meeting members. 

Section 7. Any vacancy or vacancies in the full number vacancies, how 
of twenty-seven town meeting members from any precinct ^ '^'^'. 
may be filled by the remaining members from such precinct 



articles, how 
upon, 



24 



Acts, 1921. — Chap. 36. 



Town clerk to 
give notice of 
vacancy, etc. 



Quorum. 



Votes author- 
izing certain 
expenditures, 
when to be- 
come opera- 
tive. 



Referendum. 



from among the registered voters of the precinct for and 
during the unexpired term of the year and until the next 
annual town election. Upon a petition therefor, signed by 
not less than ten town meeting members from such precinct, 
notices thereof shall be promptly given by the town clerk to 
the remaining members from the precinct in which such 
vacancy or vacancies exist, and the town clerk shall call a 
special meeting of such members for the purpose of filling 
such vacancy or vacancies. He shall cause to be mailed to 
each of such members, not less than four days before the 
time set for such meeting, a notice thereof, specifying the 
object, the time and the place therefor. At such meeting a 
majority of such members shall constitute a quorum, and 
they shall elect from their own number a chairman and a 
clerk. The choice to fill any such vacancy or vacancies shall 
be by ballot and a majority of the votes cast shall be required 
to choose. The chairman and clerk shall make a certificate 
of such choice and forthwith file the same with the town 
clerk, together with a written acceptance of the office by the 
member or members so chosen, which filing shall constitute 
an election of, and give to such member or members the full 
powers of a town meeting member or members under this 
act, subject to the right to judge of the election and qualifi- 
cation of members as set forth in section three. 

Section 8. If at any limited town meeting in Brookline, 
a vote is passed that authorizes an expenditure of twenty-five 
thousand dollars or more for a special appropriation, such 
vote shall not become operative until after the expiration of 
a period of five days, exclusive of Sundays and holidays, from 
the day of the dissolution of such meeting. If, within the 
said period of five days, a petition is addressed to and filed 
with the selectmen, and is signed by not less than twenty 
registered voters of Brookline from each precinct therein, 
giving their street addresses, asking that the question or 
questions involved in such vote be submitted to the registered 
voters at large of the town, the selectmen and the moderator 
shall, within fourteen days after the filing of the said petition, 
frame and present the question or questions so involved to a 
special town meeting of the registered voters at large of the 
town, to be held for that purpose, at which meeting the 
ballot and the check lists shall be used in the respective pre- 
cincts, and such question or questions shall be determined 
by vote of the same proportion of the voters at large voting 
thereon as would have been required by law had the ques- 



Acts, 1921. — Chap. 36. 25 

tion been finally determined at a limited town meeting. If 
such petition be not filed within the said period of five days, 
the vote authorizing an expenditure of t^^■enty-five thousand 
dollars or more for a special appropriation shall become 
operative upon the expiration of the said period. 

Section 9. The municipal corporation of the town of Action binding 
Brookline, after its acceptance of this act, shall be capable of 
acting and of being bound by its said elected and its said 
designated town meeting members as aforesaid, who shall, 
when convened from time to time as hereinunder pro\-ided 
constitute limited town meetings; such limited town meet- 
ings shall exercise exclusively, so far as shall conform to the 
provisions of this act, all powers vested in the municipal cor- 
poration of Brookline. All provisions of law now or hereafter 
applicable to the transaction of town aftairs in town meet- 
ings and to the effect thereof, and now or hereafter ap]3licable 
to town officers shall, when not inconsistent with the pro- 
visions of this act or any amendment or amendments thereof, 
be hereby extended in their application and eft'ect to the 
transaction of town affairs in the Brookline limited town 
meetings, to the members thereof, and to the town of Brook- 
line as affected by the action of such meetings. Lawful 
action upon any and all articles in the warrant determined by 
any limited town meeting in Brookline, or as herein provided 
by the registered voters at large of that town, either under 
a warrant for an annual to\\ii meeting or under a warrant 
for a special meeting, shall have the same legal effect upon 
the town of Brookline and its citizens as heretofore under 
the law and practice binding upon that town and its citizens 
in town meetings. 

Section 10. This act shall not abridge the rights of the General meet- 
citizens of Brookline to hold general meetings, according to hefd.'^te. ^^ 
any right secured to its voters or to the people by the con- 
stitution of this commonwealth; nor shall this act confer 
upon any Hmited town meeting in Brookline the power 
finally to commit that town to any proposition affecting 
its municipal existence or any change in the form of its gov- 
ernment, without action thereon by the qualified voters of 
the town at large, using the ballot and the check list there- 
for. 

Section 11. Chapter two hundred and one of the acts of Repeals, 
nineteen hundred and one, being an act relative to town 
meetings in the town of Brookline, and chapter two hundred 
and fifty of the Special Acts of nineteen hundred and fifteen 



26 



Acts, 1921. — Chap. 37. 



Certain acts 
ratified and 
confirmed. 



To be sub- 
mitted to 
voters at next 
annual town 
meeting, etc. 



Time of taking 
effect. 



and any amendments thereof are hereby repealed, but all 
acts done, elections held, and votes passed under the provi- 
sions of the said chapter two hundred and fifty and amend- 
ments thereof by the said town or any of its officers or town 
meeting members, from the time of the passage of the said 
act to the time such repeal takes effect, are hereby ratified 
and confirmed. The calling of the general town meeting 
held in the said town on Wednesday, February second, nine- 
teen hundred and twenty-one, and any and all actions 
taken and votes passed at the same are also hereby ratified 
and confirmed. 

Section 12. The question of the acceptance of this act 
by the town of Brookline shall be submitted to the registered 
voters of that town at the next annual town meeting. The 
vote shall be taken by ballot in accordance with the provi- 
sions of chapters fifty to fifty-six, inclusive, of the General 
Laws, so far as the same shall be applicable and not incon- 
sistent herewith, in answer to the following question which 
shall be printed on the official ballot used for the election of 
town officers: "Shall an act passed by the general court in 
the year nineteen hundred and twenty-one, entitled 'An Act 
to provide for precinct voting, limited town meetings, town 
meeting members, a referendum and an amuial moderator 
in the town of Brookline', be accepted by this town?", and 
the affirmative votes of a majority of the registered voters of 
that town present and Aoting thereon shall be required for 
and shall determine its acceptance by that town. 

Section 13. So much of this act as authorizes its sub- 
mission to the registered voters of the town of Brookline shall 
take effect upon its passage but this act shall not take 
further effect unless and imtil accepted by the town of Brook- 
line as herein provided. Approved February 18, 1921 . 



Chap. 37 An Act authorizing the city of Worcester to make 

ORDINANCES PROVIDING FOR THE CONTROL OR PREVEN- 
TION OF SMOKE AND CINDERS. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and 

twenty-tlu-ee of the acts of nineteen hundred and fourteen is 

hereby amended by inserting after the word "smoke", in the 

third and fifth lines, the words: — or cinders, ^ — so as to 

Control or read as follows: — Section 1. The city of Worcester, by 

smJke'and °^ votc of its city couiicil, may make ordinances for the control 



1914, 123, § 1, 
amended. 



Acts, 1921. — Chap. 38. 27 

or prevention of the emission of smoke or cinders of such cinders in city 
character as shall be adjudged harmful, and for the control 
or prevention of agencies causing such smoke or cinders, and 
for the enforcement thereof may appoint officers or agents 
and appropriate money for salaries and for expenses: pro- Proviso. 
vided, that no such ordinance shall apply to railroads or rail- 
road operations or employees. 

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

Approved February 21, 1921. 

An Act to authorize counties to pay their employees (jfidj) 3^ 

WHO SERVED IN THE WORLD WAR THE DIFFERENCE BE- 
TWEEN THEIR MILITARY AND THEIR COUNTY COMPENSA- 
TION. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and l^'JamenlSd. 
fifty-four of the General Acts of nineteen hundred and seven- 
teen is hereby amended by inserting before the word " Cities", 
in the first line, the word : — Counties, — and by inserting 
before the word "city", in the thirteenth line, the word: — 
county, — so as to read as follows: — Section 1. Counties, Counties, cities 
cities and towns are hereby authorized to pay to employees may pl^v their 
leaving their service between March twenty-fifth, nineteen t"ho'sli-''vld in 
hundred and seventeen, and the close of the war, as de- dffferenre be-^ 
termined by the United States government, for the purpose *'X??" ^^^^^, 

p • I •!• 1 • p 1 TT • 1 n military and 

of entering the military or naval service oi the United States, their county 
an amount equal to the difference between the compensation compensation. 
which such employees were receiving at the time of leaving 
such service and the pay which they receive while in said 
military or naval service under the acts of congress and of 
this commonwealth, including aid to their dependents. The 
payments herein provided for shall date from the time when 
the employee leaves the service of the county, city or town. 
Payments hereunder shall continue to be made for six months 
after the close of the war as determined aforesaid unless the 
recipient is sooner discharged. 

Section 2. Chapter two hundred and thirty-five of the 1920, 235, § 1, 
acts of nineteen hundred and twenty is hereby amended by ''"^" 
striking out section one and inserting in place thereof the 
following : — Section 1 . Payments made by counties, cities Payments to 
and towns, under section one of chapter two hundred and such em-*" ^" 
fifty-four of the General Acts of nineteen hundred and seven- p'o^^es. etc. 
teen, as amended, to employees who served in the world war. 



28 



Acts, 1921. — Chaps. 39, 40. 



To be sub- 
mitted to 
county com- 
missioners. 



of the difference between their mihtary and their county or 
municipal compensation, shall be made to all such employees 
whether they enlisted, or were drafted, inducted or com- 
missioned in the service of the United States. 

Section 3. This act shall take effect as to any county 
upon its acceptance by the county commissioners. 

{The foregoing was laid before the governor on the fifteenth 
day of February, 1921, and after five days it had "the force of 
a law", as prescribed by the constitution, as it was not returned 
by him with his objections thereto within that time.) 



Chap. 39 An Act authorizing the town of framingham to re- 
tire EMMA L. CLARKE ON A PENSION. 



Town of 
Framingham 
may pension 
Emma L. ■ 
Clarke. 



To be sub- 
mitted to 
voters, etc. 



Be it enacted, etc., as follows: 

Section 1. The town of Framingham may retire Emma 
L. Clarke, for thirty years librarian of its free public library, 
on an annual pension not exceeding eight hundred dollars, 
payable, so long as she lives, in equal quarterly payments. 

Section 2. This act shall take effect upon its acceptance 
by a majority of the voters of the town of Framingham 
present and voting thereon at a meeting called for the purpose 
within one year from its passage, but for the purpose of being 
submitted to the voters as aforesaid shall take effect upon its 
passage. Approved February 23, 1921. 



Chap. 40 An Act to validate the organization of the monterey 

WATER COMPANY. 



Organization 
of Monterey 
Water Com- 
pany validated. 



Proviso. 



Be it enacted, etc., as follows: 

Section 1. Upon the making and filing of the certificate 
required by section thirteen of chapter one hundred and 
fifty-five of the General Laws, the organization of the Mon- 
terey Water Company, incorporated by chapter two hun- 
dred and sixty-seven of the Special Acts of nineteen hundred 
and seventeen is hereby validated, and all the acts purport- 
ing to be acts of a corporation of that name are hereby rati- 
fied and confirmed as the legal acts of said corporation, pro- 
vided that said certificate is made and filed within thirty 
days after the passage of this act. 

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

Approved February 28, 1921. 



Acts, 1921. — Chaps. 41, 42. 29 



An Act authorizing the town of braintree to borrow Chap. 41 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Chapter twenty-seven of the acts of nineteen 1920, 27, § 1, 
hundred and twenty is hereby amended by striking out sec- ^™^"'^^'^- 
tion one and inserting in place thereof the following: — Sec- Town of 
tio7i 1. For the purpose of constructing a new high school borrow mo'iJe^ 
building or additions to school buildings where such addi- for school 
tions increase the floor space, and other school buildings, and 
for the purchase of original equipment and furnishings for 
said buildings or additions, the town of Braintree may borrow 
a sum not exceeding four hundred thousand dollars and may 
issue notes or bonds therefor which shall bear on their face 
the words, Braintree School Loan, Act of 1920. Each au- Braintree 
thorized issue shall constitute a separate loan. Indebtedness let o°f 1920."' 
incurred under this act shall be in excess of the statutory 
limit but shall otherwise be subject to chapter forty-four of 
the General Laws. 

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

Approved February 28, 1921. 



An Act to extend the budget system to expenditures (Jfidj) 42 

FOR clerical assistance IN THE SEVERAL REGISTRIES 
OF PROBATE. 

Whereas, Delay in the taking effect of this act would cause Emergency 

. • • ' • ii 1 • !• • preamble. 

great incon\'eniencc ni the making or necessary appropria- 
tions for clerical assistance in the several registries of pro- 
bate, therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public con- 
venience. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and seventeen of the o. l. 217, §33, 
General Laws is hereby amended by striking out section ^"'''"'^^'^• 
thirty-three and inserting in place thereof the folloA\ang: — 
Section 33. (a) The registers for the several counties shall f^l'\%Zt^ 
annually be allowed for clerical assistance in their respective for clerical 
counties, to be paid by the commonwealth, such sums as the several 
shall annually be appropriated by the general court. The probate. 
said registers shall annually submit on or before the fifteenth 
day of October to the supervisor of administration a state- 



30 Acts, 1921. — Chap. 42. 

ment showing in detail the amounts expended by them for 
clerical assistance in their respective counties for the current 
fiscal year, and estimates of the amounts required for clerical 
assistance for the ensuing fiscal year, \\ath an explanation of 
any increased appropriations recommended and citations of 
the statutes relating thereto, together with such other in- 
formation from time to time as may be required by the 
Registers to file supcrvisor. The registers shall file at the same time dupli- 
wkh'stlite^"^^^^ cate copies thereof with the state auditor. If said estimates 
auditor. include any recommendations for expenditures for new or 

special purposes or objects not authorized by statute, such 
recommendations shall be separately itemized in detail, to- 
gether with such other information relating thereto as the 
supervisor requires. The super\isor shall study and review 
all estimates and requests for appropriations and other au- 
thorizations for expenditure of state funds filed with him 
pursuant to this section, and shall make such investigations 
as he may deem necessary in the preparation of the budget 
^m Yo^ees^In**' ^^^ ^^^ govcmor. (b) In the case of any clerical employees 
registries of in tlic registries of probate of INIiddlesex and Suffolk counties 
Middlesex and whosc salarics are assumed by the commonwealth under the 

Suffolk counties , j" ^i • i* • ' i i • o^ i 

to become tcmis 01 this scction, scrMcc rendered prior to such assump- 
Slte'j^etire- tiou shall be counted as part of a continuous service under 
ment system, ^j^g tcrius of scctious ouc to five, iuclusive, of chapter thirty- 
two, and any such employee, irrespective of age, shall be- 
come a member of the state retirement system, but no such 
employee shall remain in the serxice of the commonwealth 
Classification after reaching the age of seventy, (c) All clerical employees 
employees in in tlic various registries of probate shall be subject to the 
reWsIdes o^f provisions of sections fortA'-fiAe to fifty, inclusive, of chapter 

probate. ^j^j^^y_ 

^mi'ndld.' ^ ^^' Section 2. Section thirty-nine of said chapter two hun- 
Saiaries of f^^ed and seventeen is hereby- amended by striking out lines 

clerks of „ . , . "^ 

registers, etc. one tO fivC, UlcluSU'e. 

Additional Section 3. In addition to the amounts which may be 

allowances to • i i i i • i • i • 

registers of appropriated by the general court m accordance with section 
Middlesex and one of this act for the current fiscal year, the registers of 
ties duri'^ng "' probatc for Middlesex and Suffolk counties shall be allowed 
during the current fiscal year the following amounts for 
clerical assistance from their respective counties: — 

Middlesex county, forty-eight hundred dollars and such 
further amount as may be required to comply with section 
one of chapter two hundred and sixty of the General Acts of 
nineteen hundred and eighteen, and chapter two hundred 



current fiscal 
year. 



Acts, 1921. — Chaps. 43, 44. 31 

and seventy-six of the General Acts of nineteen hundred and 
nineteen. 

Suffolk county, twenty-five hundred dollars and such 
further amount as the city council of Boston may lawfully 
approve. 

The registers of probate for Middlesex and Suffolk coun- Registers of 
ties may continue expenditures in the fiscal year beginning SiTddiesex and 
December first, nineteen hundred and twenty-one, at the fo"u^tiesmay 
rate authorized by appropriations from the commonwealth p°"j^^i""|^. 
and from their respective counties until the general court penditurea, 
makes an appropriation therefor or provides otherwise. 

Approved February 28, 1921. 

An Act to provide for the retention in service of Chap. 43 

CERTAIN MEMBERS OF THE FIRE DEPARTMENT OF THE 
CITY OF LAWRENCE. 

Be it enacted, etc., as follows: 

Section 1. The following named persons shall be ehgible Certain 
as substitute or as call firemen in the fire department of the eHg!b"eas ^ 
city of Lawrence: — J. Louis Boehm, Joseph E. Cookson, eau^'firemen'^ ^ 
John W. Colbert, Thomas Craven, Stephen J. Hayes, James jfre^^^p'^r'!? 
Hazelhurst, Henry M. Kane, Joseph H. Lamond, Edward ment. 
F. McCarthy, John F. McCarthy, William A. Summers, 
Harry T. Knight and Frank C. Ray. 

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

Approved February 28, 1921. 

An Act relative to unauthorized or irregular acts Chap. 44 

OF CERTAIN OFFICERS APPOINTED BY THE PROBATE 
COURT. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-three of chapter two hun- g. l. 204, § 23, 
dred and four of the General Laws is hereby amended by ^"^^" 
striking out, in the second line, the word "or", and inserting 
in place thereof a comma, and by inserting after the word 
"trustee", in the same fine, the words: — , receiver, com- 
missioner or in any other fiduciary capacity, — so as to read 
as follows: — Section 23. If an act or proceeding of a person Confirmation, 
acting as executor, administrator, guardian, conservator, Lts of e^x'^cu- 
trustee, receiver, commissioner or in any other fiduciary trator''s'!'i^"'^ . 
capacity under an appointment or license of a probate court gfoners' et™™'^ 
is void or voidable by reason of an irregularity or of want of 



32 



Acts, 1921. — Chap. 44. 



G. L. 204, § 24, 
amended. 



Ratification, 
etc., of doubt- 
ful acts of 
executors, ad- 
ministrators, 
receivers, com- 
missioners, 
etc. 



Certain acts 
not to be 
ratified. 



G. L. 204, § 25, 
amended. 



Liability 
of irregularly 
appointed 
executors, ad- 
ministrators. 



jurisdiction or authority in the court which made the ap- 
pointment or granted the Hcense, any person interested in 
or affected by such act or proceecUng may have the matter 
heard and determined by the supreme judicial court in 
equity, which may confirm or set aside, in Avhole or in part, 
the act or proceeding. 

Section 2. Section twenty-foiu* of said chapter two hun- 
dred and four is hereby amended by inserting after the word 
"receiver", in the third and thirteenth hues, respectively, 
the words : — , commissioner or other fiduciary officer, — so 
as to read as follows: — Section 24- If the authority or 
validity of an act or proceeding of the probate court or of a 
person acting as executor, administrator, guardian, con- 
servator, receiver, commissioner or other fiduciary officer ap- 
pointed by the probate court, or trustee is dra\ni in question 
by reason of an alleged irregularity, defective notice or 
want of authority, any party interested in or aft'ected by 
such act or proceeding may apply to the probate court 
having jurisdiction of the subject matter relative to which 
the act or proceeding has been had, and the court, after 
notice to all parties interested, and to the persons who may 
be the parents of such parties not in being, with power to ap- 
point a guardian or next friend to represent the interests of 
any person unborn or unascertained, may hear and determine 
the matter and confirm the act or proceeding, in whole or in 
part, and may authorize and empower the executor, adminis- 
trator, guardian, conservator, receiver, commissioner or other 
fiduciary officer appointed by the probate court, or trustee, 
or any successor or other person who may be legally ap- 
pointed to act in the same capacity, to ratify and confirm 
such act or proceeding and to execute and deliver such deeds, 
releases, conveyances and other instruments as may be found 
necessary therefor; but no act or proceeding shall be ratified 
or confirmed which the court might not have passed or au- 
thorized in the first instance upon due proceedings. 

Section 3. Section twenty-fi\'e of said chapter two hun- 
dred and four is hereby amended by striking out, in the first 
line, the word "or", and inserting in place thereof a comma, 
and by inserting after the word "trustee", in the second 
line, the words: — , receiver, commissioner or other fiduciary 
officer appointed by the probate court, — so as to read as 
follows: — Sectioned. An executor, administrator, guard- 
ian, conservator, trustee, receiver, commissioner or other 
fiduciary officer appointed by the probate court \Ahose 



Acts, 1921. — Chap. 45. 33 

appointment is invalid by reason of an irregularity or of mirsioMrsr™' 
want of jurisdiction or authority in the court which made it, ^t'^- 
shall account for all money, property or assets coming to his 
hands in said capacity as if the appointment had been regular 
and valid; and any bond given in pursuance of such ap- 
pointment shall be valid and binding on the principals and 
sureties; and payments to or by a person so appointed, if 
in other respects properly made, may with the approval of 
the probate court be ratified and confirmed by the executor, 
administrator, guardian, conservator or trustee who is after- 
ward legally appointed. 

Section 4. Section twenty-six of said chapter two hun- g. l. 204. § 26, 
dred and four is hereby amended by striking out, in the first ^'^^^ ^ 
line, the word "or", and inserting in place thereof a comma, 
and by inserting after the w^ord "trustee," in the second 
line, the words: — receiver, commissioner or other fiduciary 
officer appointed by the probate court, — so as to read as 
follows: — Section 2G. If an executor, administrator, guar- Failure of 
dian, conservator, trustee, receiver, commissioner or other of appoint"*'^* 
fiduciary officer appointed by the probate court, or a person by eLTutorl, 
employed by him to give notice of an appointment or notice r^e'^i'vJrTco°m- 
of sale of real estate, has failed to file an affida^^t of such missioners. 
notice in the probate court and such affidaAit cannot be ob- remedied. 
tained, the court may, upon petition of any person interested 
in real estate the title to which may be affected thereby, 
stating the particular failure complained of and averring 
that the affidavit cannot be obtained, order notice by publi- 
cation to creditors of, and others interested in, the estate in 
the settlement of which the failure complained of occurred. 
If, upon return of such notice and after hearing, the court is 
satisfied that such notice was in fact given, it may make a 
decree to that effect. Approved February 28, 1921. 

An Act to provide for the marking and sealing of Chav. 45 

CANS and containers USED IN THE WHOLESALE DISTRI- 
BUTION OF MILK OR CREAM, 

Be it enacted, etc., as follows: 

Section 1. Chapter ninety-eight of the General Laws is g. l. 98, § is, 
hereby amended by striking out section eighteen and in- ^'"^"'^'''^• 
serting in place thereof the follo^^^ng: — Section 18. All c^^s ot^coh- 
cans or containers sold for use in the purchase or sale of in wholesale 
milk or cream at wholesale shall have their capacity plainly, miik or cream 
conspicuously and indelibly marked thereon in terms of andleaieS^'^ 



34 



Acts, 1921. — Chap. 45. 



Sealing of 
containers not 
to exempt 
users from 
certain laws. 



Inspection of 

containers, 

etc. 



G. L, 98, § 19. 
amended. 



Penalty for 
selling con- 
tainers not 
marked and 
sealed. 



Penalty for 
using contain- 
ers not marked 
and sealed. 



Time of taking 
effect. 



liquid quarts. They shall be sealed by the manufacturer 
thereof, as hereinafter provided, or by a sealer of the town 
where the user resides or has a usual place of business. The 
director shall prescribe regulations governing the sealing of 
such cans or containers by the manufacturer and may au- 
thorize such sealing by any manufacturer upon his agreement 
to conform to said regulations. The director may at any 
time, for cause, revoke the authority so given by him to any 
manufacturer. When sealed by the manufacturer, such cans 
or containers shall be marked with his name, initials or 
trade-mark and with any other designating marks which 
the director may require. The sealing of such containers by 
the manufacturer shall not exempt the user from the laws 
relative to giving a false or insufficient measure, using a 
false measure, or having the same in possession with intent 
to use. Sealers of the town where the user resides or has a 
usual place of business shall at least annually inspect all 
cans or containers marked and sealed in accordance with 
this section and shall make a record of such inspections. 
When once sealed as herein required, a can or container need 
not again be sealed vdiile in the same condition as when first 
sealed. 

Section 2. Said chapter ninety-eight is hereby further 
amended by striking out section nineteen and inserting in 
place thereof the following: — Section 19. Whoever, by him- 
self or by his servant or agent, or as the servant or agent of 
another person, sells any can or container to be used in 
the purchase or sale of milk or cream at wholesale that is not 
marked and sealed as required by the preceding section, 
shall be punished by a fine not exceeding ten dollars for 
each can or container so sold. Whoever, by himself or by 
his servant or agent, or as the servant or agent of another 
person, uses any can or container in the purchase or sale of 
milk or cream at wholesale that is not marked and sealed as 
required by the preceding section, shall be punished by a fine 
not exceeding ten dollars for each oftence. The director, in- 
spectors and sealers shall enforce the provisions of this and 
the preceding section. 

Section 3. So much of this act as relates to the sale of 
said cans or containers shall take efi^ect on September first 
in the current year. So much as relates to the use thereof 
shall take effect on January first, nineteen hundred and 
twenty-four. Approved February 28, 1921. 



Acts, 1921. — Chap. 46. 35 



An Act to provide for biennial municipal elections QJiav. 46 

IN THE CITY OF NEW BEDFORD. 

Be it enacted, etc., as follows: 

Section 1. Beginning with the first Tuesday in Decern- Municipal 
ber, nineteen hundred and twenty-two, municipal elections city oTnLw 
in the city of New Bedford, for the choice of mayor, aldermen, bl1!ew ^° 
common councihnen, and other elective city officers, shall be biennially. 
held biennially, on the first Tuesday of December in every 
even numbered year. 

Section 2. The mayor, aldermen and common council- Mayor, 

(••J-, 111 £ ^ £ J.1 n A^ aldermen and 

men ot said city shall serve tor two years from the farst common 
Monday of January following their election and until their terms'iToffice, 
successors have qualified. The inauguration meeting and ^"auguration, 
induction into office of the mayor and city council shall be 
held at eight o'clock in the evening, on the said first INIonday 
of January, provided that w^henever said first Monday in 
January falls on a holiday, said meeting and induction shall 
occur at the same hour on the following day. 

Section 3. At each Ijiennial municipal election beginning Assessors at 
in December, nineteen hundred and twenty-two, one assessor terms of od', 
at large shall be chosen by the voters of said city to serve for ^^^' 
the term of six years from the first Monday of the following 
January. The terms of the two present assessors at large 
which would expire, in accordance with existing law, in Jan- 
uary, nineteen hundred and twenty-four, and in January, 
nineteen hundred and twenty-five, shall expire in January, 
nineteen hundred and twenty-five, and in January, nineteen 
hundred and twenty-seven, respectiA ely. 

Section 4. At the municipal election to be held in the school com- 
year nineteen hundred and twenty-one, two members of the term^oFofficer' 
school committee shall be chosen by the voters of the city ^*''- 
for the term of one year, from the following first Monday 
in January. At the biennial municipal election to be held 
in nineteen hundred and twenty-two, three members of the 
said committee shall so be chosen for terms of two years, 
and three members for terms of four years, from the follow- 
ing first Monday in January. Thereafter, at every biennial 
municipal election, three members of the school committee 
shall be chosen by the voters of the city for terms of four 
years, from the following first Monday in January. 

Section 5. This act shall be submitted to the voters of ^-tSaTo^" 
the said city at the municipal election to be held in nineteen voters, etc. 



36 



Acts, 1921. — Chaps. 47, 48, 49. 



hundred and twenty-one, in the form of the following ques- 
tion to be placed upon the ballot : — " Shall an act of the 
general court of the year nineteen hundred and twenty-one, 
providing for biennial municipal elections in the city of New 
Bedford, be accepted?" If a majority of the votes cast upon 
said question are in the affirmative, this act shall take effect, 
but not otherwise. Approved February 28, 1921. 



Chap. 47 An Act authorizing the registration of edna e. briggs 

AS a chiropodist. 

Be it enacted, etc., as follows: 

The board of registration in medicine is hereby authorized 
to register Edna E. Briggs as a chiropodist without examina- 
tion, and thereupon she shall have and enjoy the same rights 
and privileges as if registered as provided by chapter one 
hundred and twelve of the General Laws. 

Approved February 28, 1921. 



Board of 
registration in 
medicine may 
register Edna 
E. Briggs as a 
chiropodist 
without 
examination. 



Chap. 48 An Act dispensing with the abstract of certain acci- 
dents in the annual report of the department of 
public utilities. 

Be it enacted, etc., as follows: 

Section seventy-seven of chapter one hundred and sixty- 
four of the General Laws is hereby amended by striking out, 
in the sixth and seventh lines, the words " and an abstract of 
the accidents reported to it under section ninety-five", so 
as to read as follows:- — Section 77. The department shall 
make an annual report of its doings under this chapter, with 
such suggestions as to the condition of affairs or conduct of 
corporations and companies subject to this chapter as may 
be appropriate, with such abstracts of the returns required 
by section eighty-three as it deems expedient, but including 
the names and addresses of the principal officers and of the 
directors. Approved February 28, 1921 



G. L. 164, § 77, 
amended. 



Annual report 
of department 
of public 
utilities. 



Chap. 49 An Act to extend the time for completion of the 

LINES OF THE HAMPDEN RAILROAD CORPORATION. 

Be it enacted, etc., as follows: 
JXn^of'Ce's The time within which The Hampden Railroad Corpora- 
Ham^^den ^lou, iucorporatcd in nineteen hundred and eleven under the 



Acts, 1921. — Chaps. 50, 51. 37 

general laws, is required to locate and complete its lines to Raiir9ad Cor- 
Holyoke and Chicopee Falls and open them for use, is hereby tended"' ^^ 
extended to July first, nineteen hundred and twenty-four. 

Approved February 28, 1921. 

An Act relative to the health and safety of certain Qhav 50 

EMPLOYEES IN FACTORIES AND WORKSHOPS. . 

Be it enacted, etc., as follows: 

Chapter one hundred and forty-nine of the General Laws g. l. ho, § 120, 
is hereby amended by striking out section one hundred and ^°^®"'**''' 
twenty and inserting in place thereof the following: — Sec- Emery wheels, 
tion 120. Every such wheel shall be fitted with a hood or tories anT 
hopper of such form and so placed that the particles or dust have*devices° 
produced by the operation of the wheel or of any belt con- dusrTtc"^^"^ 
nected therewith shall fall or will be thrown into such hood 
or hopper by centrifugal force; and the fans or blowers shall 
be of such size and shall be run at such speed as will produce 
a volume and velocity of air in the suction and discharge 
pipes sufficient to convey all particles or dust from the hood 
or hopper through the suction pipes and so outside of the 
building or to a receptacle as aforesaid. The hoods or hoppers Approval of 
shall be so constructed and the suction pipes and connections partment^of^ 
shall be suitable and efficacious and such as shall be approved IndusrHw. 
by the department. Approved February 28, 1921. 

An Act to provide for the aveekly payment of wages Chap. 51 

TO EMPLOYEES OF TRANSPORTATION COMPANIES. 

Be it enacted, etc., as follows: 

Section one hundred and forty-eight of chapter one hun- g. l. 149, § hs, 
dred and forty-nine of the General Laws is hereby amended ^™^° 
by inserting after the word "express", in the fourth line, the 
following: — , transportation, — so as to read as follows: — 
Section I48. Every person engaged in carrying on a hotel m^t'of^wages 
or club in a city, or a factory, workshop, manufacturing, JJoye'es*.'" ^™" 
mechanical or mercantile establishment, mine, quarry, rail- 
road or street railway, or telephone, telegraph, express, 
transportation or water company, or in the erection, altera- 
tion, repair or removal of any building or structure, or the 
construction or repair of any railroad, street railway, road, 
bridge, sewer, gas, water or electric light works, pipes or 
lines, shall pay weekly each employee engaged in his business 
the wages earned by him to within six days of the date of 



38 



Acts, 1921. — Chap. 52. 



Section not to 
apply to 
certain em- 
ployees, unless, 
etc. 

Exemptions by 
department 
of public 
utilities. 



No exemptions 
by special 
contract. 

Penalty. 



said payment; but any employee leaving his employment 
shall be paid in full on the following regular pay day; and 
any employee discharged from such employment shall be 
paid in full on the day of his discharge, or in Boston as soon 
as the laws requiring pay rolls, bills and accounts to be 
certified shall have been complied with; and the common- 
wealth, its departments, officers, boards and commissions 
shall so pay every mechanic, workman and laborer employed 
by it or them, and every person employed by it or them in 
any penal or charitable institution; and every county and 
city shall so pay every employee engaged in its business the 
wages or salary earned by him, unless such mechanic, work- 
man, laborer or employee requests in writing to be paid in a 
different manner; and every town shall so pay each employee 
in its business if so required by him ; but an employee absent 
from his regular place of labor at a time fixed for payment 
shall be paid thereafter on demand. This section shall not 
apply to an employee of a co-operative corporation or asso- 
ciation if he is a stockholder therein unless he requests such 
corporation to pay him weekly. The department of public 
utilities, after hearing, may exempt any railroad corporation 
from paying weekly any of its employees if it appears that 
such employees prefer less frequent payments, and that their 
interests and the interests of the public will not suffer thereby. 
No person shall by a special contract with an employee or 
by any other means exempt himself from this section or sec- 
tion one hundred and fifty. Whoever violates this section 
shall be punished by a fine of not less than ten nor more 
than fifty dollars. Approved February 28, 1921. 



Chap. 52 An Act relative to the sewerage system of the town 

OF DEDHAM. 

Be it enacted, etc., as f allows. • 
Assessment of SECTION 1. The board of sewer commissioners of the 
fited by town of Dedham may determine the value of the benefit or 

syJtem^of town advantage to every parcel of real estate in the town beyond 
of Dedham. ^^^ general advantage to all real estate therein from the con- 
struction hereafter of any sewer or extension of any existing 
sewer or from the doing of any other work authorized by the 
provisions of chapter two hundred and seventy of the acts of 
eighteen hundred and ninety-seven, and may assess on every 
such parcel a proportionate share of such part, not exceeding 
one half, as the board shall deem just, of the expenses in- 



Acts, 1921. — Chap. 53. 39 

curred by the town for the improvements aforesaid, provided Proviso, 
that no assessment on any parcel of real estate shall exceed 
the value of the special benefit to that parcel. 

Section 2. The town of Dedham may, however, at any uniform rate to 
town meeting held after the annual town meeting of nine- upM^clrtain 
teen hundred and twenty-one, vote that one half the esti- ^^^^^'^^' ^'^ 
mated average cost of the completion or extension of the 
existing sewer system or systems in said town be thereafter 
assessed upon the estates benefited by said system or sys- 
tems, and in such case the board of sewer commissioners of 
said town shall fix a uniform rate according to the frontage 
of estates upon any street or way in which a sewer is con- 
structed or according to the area of estates within a specified 
distance from such street or way or according to both frontage 
and area, and shall make all assessments, thereafter levied, 
in accordance with such rate, provided that no assessment Proviso. 
on any parcel of real estate shall exceed the value of the 
special benefit to that parcel. 

Section 3. The provisions of said chapter two hundred villons"onlw 
and seventv of the acts of eighteen hundred and ninety-seven, to apply to 
so far as they are applicable and not inconsistent herewith, etc. 
shall apply to assessments made under section one or two of 
this act. 

Section 4. This act shall be submitted to the voters of J°tfeYt'o*'' 
the town of Dedham at its next annual town meeting and voters, etc. 
shall take eff'ect upon its acceptance by a majority of the 
voters present and voting thereon. 

Approved February 28, 1921. 

An Act requiring medical and surgical chests in Chaj). 53 
mechanical establishments. 

Be it enacted, etc., as follows: 

Section one hundred and forty-one of chapter one hun- o. l. 149. § hi, 
dred and forty-nine of the General Laws is hereby amended ^"'^"'^^'^• 
by striking out, in the first line, the word "or" and inserting 
in place thereof a comma, and by inserting after the word 
"shop", in the same line, the words: — or mechanical estab- 
lishment, — by striking out, in the thirteenth fine, the word 
"or", and inserting in place thereof a comma, and by insert- 
ing after the word "shop", in the same line, the words: — 
or mechanical establishment, — so as to read as follows: — 
Section I4I. Every person operating a factory, shop or Medical and 
mechanical establishment where machinery is used for any and otter"''*' 



40 



Acts, 1921. — Chap. 54. 



accommoda- 
tions for em- 
ployees in me- 
chanical 
establish- 
ments, etc. 



Penalty. 



manufacturing or other pui'pose except for elevators, or for 
heating or hoisting apparatus, shall keep and maintain, free 
of expense to the employees, such medical or surgical chest, 
or both, as shall be required by the department, containing 
plasters, bandages, absorbent cotton, gauze, and all other 
necessary medicines, instruments and appliances for the 
treatment of persons injured or taken ill upon the premises. 
Every such person employing one hundred or more persons 
shall, if so required by the department, provide accommo- 
dations satisfactory to it for the treatment of persons injured 
or taken ill upon the premises, and also suitable and sanitary 
facilities for heating or warming food to be consumed by 
those employees of the factory, shop or mechanical establish- 
ment who so desire. Every person carrying on a mercantile 
establishment where twenty or more women or children are 
employed shall in the manner aforesaid provide such medical 
and surgical chest as the department may require. Who- 
ever violates any pro\ision hereof shall be punished by a fine 
of not less than five nor more than five hundred dollars for 
every week during which such violation continues. 

Approved February 28, 1921. 



Chap. 54 An Act increasing the amount that may be expended 

BY the city of boston TO OBTAIN INFORMATION ON 
MUNICIPAL AFFAIRS. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter two hundred and 
seventy-four of the acts of nineteen hundred and fourteen is 
hereby amended by striking out, in the fifth line, the words 
"twenty-five hundred", and inserting in place thereof the 
words: — five thousand, ^ — so as to read as follows: — Sec- 
tion 2. The mayor and city council of the city of Boston are 
hereby authorized to appropriate annually, under the provi- 
sions of section three of chapter four hundred and eighty-six 
of the acts of the year nineteen hundred and nine, an amount 
not exceeding five thousand dollars to defray the travelling 
and other necessary expenses incurred under the provisions 
of section one of this act. An itemized account of such ex- 
penses shall be filed with the city auditor. 

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 
December thirty-first in the current year. 

Approved February 28, 1921. 



1914, 274, § 2, 
amended. 



Expenditures 
by city of 
Boston for 
representation 
at congresses, 
etc., held to 
consider mu- 
nicipal affairs. 



To be sub- 
mitted to city 
council, etc. 

Proviso. 



Acts, 1921.— Chaps. 55, 56. 41 



An Act relative to the better protection of birds (Jhap. 55 

WITHIN reservations. 

Be it enacted, etc., as follows: 

Section seventy-two of chapter one hundred and thirty- g. l. isi, § 72, 
one of the General Laws is hereby amended by inserting *'"^° 
after the word "territory", the first time it occurs in the fifth 
Hne, the words: — or any other responsible person, — so as 
to read as follows: — Section 72. The director may appoint ^r*h°n\'ing°fnd 
wardens or deputies to enforce sections sixtv-nine to seventv- {^1"*"^ harmful 
five, inclusive, and anv rules and regulations made there- within reserva- 

, , . 1 ' • • • , • 1 1 tions, etc. 

under, and may authorize ni wTitmg any such warden or 
deputy or the owner or occupant of any land within any 
such territory or any other responsible person to hunt, pur- 
sue, trap, snare or kill within the said territory and under the 
direction of the director any quadrupeds or birds which he 
may consider harmful to birds and game or to agriculture, or 
to take or remove the nests or eggs of any such birds. 

Approved February 28, 1921. 



An Act relative to probate proceedings in cases (jjid'n 55 
where husband and wife are living apart. 

Be it enacted, etc., as follows: 

Chapter two hundred and nine of the General Laws is g. l. 209, 1 32, 
hereby amended by striking out section thirty-two and in- '*"*'" ^ ' 
serting in place thereof the following : — Section 32. If a Orders by pro- 
husband fails, without justifiable cause, to pro\ide suitable relative to per- 
support for his wife, or deserts her, or if the wife, for justifiable support'^of wife, 
cause, is actually living apart from her husband, or if the where"h?sblnd 
husband is deserted by the wife, or is actually living apart nvfng aparT 
from his wife for justifiable cause, the probate court may, 
upon his or her petition, or if he or she is insane, upon the 
petition of the guardian or next friend, prohibit the husband 
or wife from imposing any restraint on the personal liberty 
of the other during such time as the court shall by its order 
direct or until the further order of the court thereon; and, 
upon the application of the husband or wife or of the guardian 
of either, the court may make further orders relative to the 
support of the wife and the care, custody and maintenance 
of their minor children, may determine with which of their 
parents the children or any of them shall remain and may, 
from time to time, upon a similar application, revise and 



42 



Acts, 1921. — Chaps. 57, 58, 59. 



alter such order or make a new order or decree, as the cir- 
cumstances of the parents or the benefit of the children may 
require. Approved February 28, 1921. 



Chap. 57 An Act authorizing the city of holyoke to pay a 

SUM OF MONEY TO THE GUARDIAN OF THE CHILDREN OF 
MICHAEL FAHEY. 

Be it enacted, etc., as follows: 

Section 1. The city of Holyoke may pay to the legal 
guardian of the children of Michael Fahey, who died in the 



City of Hol- 
yoke may pay 
a sum of 

dian^of c°hfidren performance of liis duties as a janitor in the Holyoke public 
Fahe *''*'' schools, a sum equal to the yearly compensation received by 
the said Fahey at the time of his death. The said sum shall 
be used for the maintenance and education of said children. 
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 such acceptance occurs prior to Decem- 
ber thirty-first in the current year. 

Approved February 28, 1921. 



To be sub- 
mitted to city 
council, etc. 
Proviso. 



Chap. 58 An Act relative to the taking of eels in hingham 

HARBOR, WEYMOUTH BACK RIVER, HULL BAY AND AD- 
JACENT WATERS. 

Be it enacted, etc., as follows: 

Chapter three hundred and nine of the acts of nineteen 
hundred and fourteen, as amended by chapter twenty-seven 
of the General Acts of nineteen hundred and sixteen, is 
hereby further amended by adding thereto the following 
new section: — Section 3. The pro\isions of section one 
shall be construed to permit the taking of eels as provided 
in section eighty-four of chapter one hundred and thirty of 
the General Laws. Approved February 28, 1921. 



1914, 309, etc., 
new section 
after § 2. 



Law regulating 
taking of fish 
in Hingham 
harbor, Wey- 
mouth Back 
river, Hull bay 
and adjacent 
waters, how 
construed. 



Chap. 59 An Act authorizing a fee for lodging house licenses. 

Be it enacted, etc., as follows: 

Chapter one hundred and forty of the General Laws is 
hereby amended by striking out section twenty-three and 
inserting in place thereof the follo\\ing: — Section 23. 
Licensing authorities may grant licenses for lodging houses 



G. L. 140, § 23, 
amended. 



Lodging house 
licenses, fees 
for, etc., 



Acts, 1921. — Chap. 60. , 43 

which shall be for the period provided in section four, and 
shall charge for each license such fee, not exceeding two dol- 
lars, as the city council or selectmen may establish, otherwise 
the same shall be granted without charge. Said authorities 
shall enforce sections twenty-four to thirty-one, inclusive, and 
shall prosecute all violations thereof. 

Approved February 28, 1921. 

An Act relative to the construction, alteration and nhr.j^ ar\ 

MAINTENANCE OF BUILDINGS IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section ten of chapter five hundred and fifty i907, 550, § 10, 
of the acts of nineteen hundred and seven, as amended ^'^-^^^ 
by section two of chapter three hundred and fifty-two of 
the Special Acts of nineteen hundred and fifteen, is hereby 
further amended by inserting before the word "bridges", in 
the second line, the words : — public highway and railway, 
— so as to read as follows: — Section 10. The provisions of Building laws 
this act shall not apply to public highway and railway Boston not to 
bridges, quays, or wharves, nor to buildings on land ceded to structures. 
the United States or owiied and occupied by the common- 
wealth, nor to the Suffolk county court house, jail, or house 
of correction, nor to railroad stations, nor to portable or 
permanent school buildings erected and maintained by the 
schoolhouse department, except as provided in section 
seventeen of this act and amendments thereof or additions 
thereto, nor to voting booths erected and maintained by the 
board of election commissioners; and also provided that Proviso. 
permits from the building commissioner for the erection of 
school buildings shall be required and that such buildings 
shall be subject to the inspection of the building department. 

Except as otherwise provided by law, the provisions of ^^n'^oa'rd''^'^' 
this act shall not be held to deprive the board of health, the and commis- 

,. .. .11 ir> •• j1 sions not to be 

ponce commissioner, the board 01 street commissioners, the abridged. 
board of park commissioners, the board of examiners of gas 
fitters, the commissioner of wires, or the fire commissioner 
of the city of Boston of any power or authority which they 
have at the date of the passage of this act, or of the remedies 
for the enforcement of the orders of said boards or officers; 
unless such powers, authorities, or remedies are inconsistent 
with the provisions of this act; nor to repeal any existing 
law, not herein expressly repealed, except so far as it may be 
inconsistent with the provisions of this act. 



44 



Acts, 1921.— Chap. 60. 



1907, 550. § 32, 
etc., amended. 



Requirements 
as to fire protec- 
tion not to apply 
to certain metal. 



1907, 550, § 77. 
amended. 



Theatre, term 
defined. 



1907, 550. § 78, 
amended. 



Construction of 
theatres. 



1907, 550, § 83. 
amended. 



Fireproof wall 
to separate 
stage from 
auditorium in 
theatres. 
No openings in 
wall, except, 
etc. 



Section 2. Section thirty-two of said chapter five hun- 
dred and fifty, as amended by section five of chapter seven 
hundred and eighty-two of the acts of nineteen hundred and 
fourteen, and by section thirteen of chapter one hundred and 
seventy-nine of the Special Acts of nineteen hun(h-ed and 
eighteen, is hereby further amended by striking out, in the 
second fine of subparagraph (/) the words " roof loads (with- 
out roof gardens) ", so that said paragraph will read as fol- 
lows: — (/) Metal, other than columns, carrying no other 
loads than ceilings, or suspended balconies not over eight 
feet wide. When a suspended ceiling is used it shall be of 
metal lath and plaster with all hanging rods, ties, stiffening, 
and the like, of metal. 

Section 3. Section seventy-seven of said chapter five 
hundred and fifty is hereby amended by striking out, in the 
fifth and sixth lines, the words "and of a size to provide 
seats for more than five hundred spectators", so as to 
read as ioWows: — Section 77. Every building hereafter 
erected so as to contain an audience hall and a stage, with 
curtain, movable or shifting scenery, and machinery, adapted 
for the giving of plays, operas, spectacles or similar forms of 
entertainment, shall be a theatre within the meaning of this 
act. No existing building not now used as a theatre shall be 
altered and used as a theatre, unless it conforms to the pro- 
visions of this act for a new theatre. 

Section 4. Section seventy-eight of said chapter five 
hundred and fifty is hereby amended by striking out, in the 
second and third lines, the words "fireproof construction 
throughout, except that the floor boards may be of wood ", 
and inserting in place thereof the words : — first class con- 
struction, — so as to read as follows: — Section 78. Every 
theatre hereafter built shall be of first class construction, and 
the steel work of the stage, of the fly galleries, and of the 
rigging loft need not be fireproof ed. 

Section 5. Section eighty-three of said chapter five hun- 
dred and fifty is hereby amended by inserting after the word 
"stage", in the eighth fine, the words: — , and plumbing, 
ventilating and such other pipe openings as may be approved 
by the building commissioner, such openings to be firestopped, 
— so as to read as follows : — Section 83. The stage of every 
theatre shall be separated from the auditorium by a wall of 
fireproof construction, which wall shall extend the whole 
width of the auditorium and the whole height to the roof of 
the portion occupied by the stage. There shall be no open- 



Acts, 1921. — Chap. 60. 45 

ings through this wall except the curtain opening, one door- 
way each side behind the boxes, and one doorway which 
shall be located at or below the level of the stage, and plumb- 
ing, ventilating and such other pipe openings as may be ap- 
proved by the building commissioner, such openings to be 
firestopped. The doorways shall not exceed twenty-one 
superficial feet each, and shall have standard fire-doors hung 
in a manner satisfactory to the commissioner. The finish 
or decorative features around the curtain opening of every 
theatre shall be of fireproof material. 

Section 6. Section eighty-se\'en of said chapter five hun- wot, sso, § 87, 
dred and fifty is hereby amended by striking out, in the '*'"''" 
fourth, fifth and sixth lines, the words "No seat in the 
auditorium shall have more than six seats intervening be- 
tween it and an aisle, on either side", and inserting in place 
thereof the words : — No rows of seats in the auditorium 
shall contain more than fourteen seats between aisles and 
where there is but one aisle no row shall contain more than 
seven seats, — so as to read as follows : — Section 87. All foAum^or'''' 
seats in the autlitorium excepting those contained in boxes theatres. 
shall be spaced not less than thirty inches from back to back, 
measured in a horizontal direction, and shall be firmly secured 
to the floor. No row of seats in the auditorium shall contain 
more than fourteen seats between aisles and where there is 
but one aisle no row shall contain more than seven seats. 

The platforms for seats in balconies and galleries shall no- Platforms for 

11 i'iijj •! J seats in bal- 

wnere nave a greater rise than twenty-one inches, nor be conies, etc. 
less than thirty inches from back to back. 

Section 7. Section eighty-nine of said chapter five hun- i907, 550, § 89, 
dred and fifty is hereby amended by inserting after the word ^^^^'^ 
"rising", in the fourth line, the words: — or declining, — by 
inserting after the word "inclines", in the same line, the 
words: — or declines, — and by inserting after the word 
"rising", in the sixth fine, the words: — or declining, — so 
as to read as follows: — Section 89. All changes in the levels Changes in 
of the floors of such buildings, except under stairways, from inTheatres"*"^^ 
story to story, and except the necessary steps in galleries and 
balconies rising or declining toward the exits, shall be made 
by inclines or declines of no steeper gradient than two in 
ten within the auditorium, and rising or, declining toward 
the exits, and one in ten for all others. 

Section 8. Section ninety-eight of said chapter five hun- 1907, 550, § 98, 
dred and fifty is hereby amended by striking out, in the '''°^°'^^'^- 
thirteenth and fourteenth lines, the words "If counter- 



46 



Acts, 1921. — Chap. 60. 



Emergency 
exits in 
theatres. 



Stairways 
from exterior 
bfdconies. 



Proviso. 



1907, 550, § 99, 
amended. 



Exits in 
tiieatres, 
greater num- 
ber, etc., may 
be required. 
Exits and fire- 
escapes to be 
plainly 
marked, etc. 



Plans of exits 
to be printed 
on programmes 
or shown by 



weighted, these stairs shall be lowered during all perform- 
ances", so as to read as follows: — Section OS. In addition 
to the exits previously described there shall be one exit from 
each side of each gallery, balcony, and main floor of audi- 
torium, at least fi\'e feet wide, leading to exterior balconies 
not less than four feet wide and twenty feet long on each 
side of the auditorium. From such balconies there shall 
be staircases extending to the groimd level, which may be 
counterweighted, with risers of not over eight and one half 
inches and treads of not less than nine and one half inches, 
exclusive of nosing. The aggregate width of these emergency 
stairs shall be not less than ten inches for every one hundred 
people served thereby, no single stairs being less than thirty 
inches wide. 

Where all such stairs are in an interior court, each run 
shall be covered by a light awning of iron. 

Nothing herein shall prohibit the building of emergency 
stairs and exits inside the walls of the building, pro\ided that 
they are surrounded by a fireproof partition not less than 
four inches thick separating the exits and stairA\ ays from the 
audience room or auditorium. 

Section 9. Section ninety-nine of said chapter Hxe hun- 
dred and fifty is hereby amended by adding at the end of the 
third paragraph, the words: — or shall be shown by stere- 
opticon upon a moving picture screen at least once during 
the afternoon and evening for a period of not less than two 
minutes, — so as to read as f ollo\\s : — Section 99. The com- 
missioner shall have power to require a greater number or 
capacity of exits than is herein prescribed. 

In every theatre there shall be over every exit, on the in- 
side, and over every opening to a fire-escape, on the inside, 
an illuminated sign, bearing the word "exit" or "fire-escape", 
respectively, in letters not less than four inches high. The 
lights for the exit signs, passages, stairs, lobbies, auditoriums, 
rear of auditoriums, balconies, galleries, and for the balconies 
and stairs outside the building, shall be so arranged that 
they can be turned on or oflP independently of the means 
pronded on the stage or in any part of the building in the 
rear of the proscenium wall. Every exit sign shall be kept 
illuminated, and every outside balcony and fire-escape shall 
be kept well lighted during the performance, except outside 
exits during a performance before sunset. 

Plans showing the exits and stairways shall be legibly 
printed so as to occupy a full page of every programme or 



Acts, 1921. — Chap. 60. 47 

play-bill or shall be shown by stereopticon upon a moving stereopticon, 
picture screen at least once during the afternoon and evening 
for a period of not less than two minutes. 

In said buildings there shall be such number of gas pipe Gas pipe out- 
outlets as the commissioner may require, fitted with no less bura^s, ^^ 
than two gas burners. Such burners shall be inspected and "pe'^uon, Tt c. 
tried at least once in every three months by inspectors of the 
department, to ascertain if they are in proper working order. 
The inspector shall make a report of each visit, stating the 
condition of the burners and the action of the inspector in 
regard to them. 

The commissioner shall have authority to order any de- Defects in gas 

» . • , 1 1 • p 1 I p burners to be 

lect m the workmg ot such burners as are necessary tor remedied. 
public safety to be remedied. 

So much of this section as applies to the inspection of gas 
burners shall apply to buildings now used as theatres. 

Section 10. Section one hundred and one of said chapter i^'';^^^^ ^ *°^' 
five hundred and fifty is hereby amended by inserting after 
the word "turn", in the seventh line, the words: — except 
stairways leading to private boxes, — so as to read as fol- 
lows: — Section 101. Every landing shall be at least four Landings of 
feet wide. When straight stairs return directly on them- th^tres. 
selves, a landing of the full width of both flights, without 
any steps, shall be provided. The outer line of landings shall 
be curved to a radius of not less than two feet to avoid square 
angles. Stairs turning at an angle shall ha^'e a proper land- 
ing without winders introduced at the turn except stairways 
leading to private boxes. No door shall open immediately 
upon a flight of stairs, but a landing at least two feet wider 
than the width of the door opening shall be provided between 
such stairs and such door. When two side flights connect 
with one main flight, no winders shall be introduced, and the 
width of the main flight shall be at least equal to the aggre- 
gate width of the side flights. 

Section 11. Section one hundred and five of said chap- 1907, 550, § 105, 
ter five hundred and fifty as amended by section one of chap- ^^^ - amended. 
ter three hundred and scA'enty of the acts of nineteen hun- 
dred and twelve, and by chapter fifty of the acts of nineteen 
hundred and thirteen, is hereby further amended by insert- 
ing after the word "walls", in the fifth line of the fourth 
paragraph, the w^ords: — or floors, — so that said paragraph 
will read as follows : — If several halls or assembly-rooms Buildings hav- 
are provided in one building, their aggregate capacity shall haiis or^ssem- 
be considered as determining whether or not the building when°maybe 



48 



Acts, 1921. —Chap. 61, 



of second class shall be of fircDroof construction, unless the several halls 

construction. iii ip iiio 

are enclosed by or separated rrom each other by fireproof 
walls or floors, with fireproof doors in the same, in which 
case the building may be of second class construction. 

Approved February 28, 1921. 



Precinct vot- 
ing, representa- 
tive town 
meetings, etc., 
in town of 
Weymouth. 



Selectmen to 
report doings, 
etc. 



Chap. 61 An Act to provide for precinct voting, representa- 
tive TOWN meetings, TOWN MEETING MEMBERS, A REFER- 
ENDUM AND AN ANNUAL MODERATOR IN THE TOWN OF 
WEYMOUTH. 

Be it enacted, etc., as follows: 

Section 1. Upon the acceptance of this act by the town 
of Weymouth as hereinafter pro\'ided the selectmen of the 
town shall forthwith divide the territory thereof into not 
less than six nor more than tweh'e voting precincts, each of 
which shall be plainly designated. The precincts shall be 
so established as to consist of compact and contiguous terri- 
tory. Their boundaries shall be reviewed and, if need be, 
wholly or partly revised, by the selectmen, in January, once 
in five years, or in January of any year when directed by a 
vote of the town meeting. The selectmen shall, within ten 
days after any establishment or revision of the precincts, 
file a report of their doings with the town clerk, the registrars 
of voters, and the assessors, with a map or maps or description 
of the precincts and the names and residences of the voters 
therein. The selectmen shall also cause to be posted in 
the town hall a map or maps or description of the precincts 
as established or revised from time to time, with the names 
and residences of the registered \oters therein; and they 
shall also cause to be posted in at least three public places 
in each precinct a map or description of that precinct, with 
the names and residences of the voters therein. The division 
of the town into voting precincts and any re^'ision of such 
precincts shall take effect upon the date of the filing of the 
report thereof by the selectmen with the town clerk. When- 
ever the precincts are established or re\'ised, the town clerk 
shall forthwith give written notice thereof to the secretary of 
the commonwealth, stating the number and designation of 
the precincts. The provisions of the General Laws relating 
to precinct voting at elections, so far as the same are not 
inconsistent with this act, shall apply to all elections and 
primaries in the town upon the establishment of voting pre- 
cincts as hereinbefore provided. 



Division of 
town into 
voting pre- 
cincts, date of 
taking effect, 
etc. 



Acts, 1921. — Chap. 61. 49 

Section 2. The voters in every precinct established under Town meeting 
tliis act, shall, at a special town election to be held on May Tion, et7.' ^ ^' 
second next ensuing after the acceptance of tliis act, and at 
the first ensuing annual town election follo^^ing any precinct 
revision and conformably to the laws relatiA'e to elections not 
inconsistent with this act, elect by ballot as nearly as may 
be three per cent of the voters in the precinct, other than the 
officers designated in section three as town meeting members 
at large, such elected voters to be town meeting members of 
the town, one third of M'hom shall be elected for the term of 
one year, one tliird for the term of t^^■o years and one third 
for the term of tliree years from the day of the annual to^^•n 
meeting; and thereafter, except as other^^ise pro\dded herein, 
at each annual town election the \'oters of each precinct in 
the town shall, in like manner, elect as nearly as may be 
one per cent of their number to be town meeting members of 
the town for the term of three }'ears, and shall at such elec- 
tion fill for the unexpired term or terms any vacancies then 
existing in the number of town meeting members in their 
respecti\'e precincts. Upon every revision of the precincts. New election 
or of any of them, the terms of office of all town meeting "ng'mem'bers," 
members from every such rexised precinct shall cease upon ^'^^^' ^^'^■ 
the election of their successors, and at the first ensuing annual 
town election there shall be an entirely new election of town 
meeting members in every precinct so revised, as well as in 
any new precinct or precincts established. The town clerk Notice of 
shall, after every election of town meeting members, forth- 
with notify each member by mail of his election. 

Section 3. Any town meeting held under the provisions Town meetings 
of this act, except as otherwise provided herein, shall, at and tain elected 
after the first election held under this act, be limited to the members at* 
voters elected under section two together with the following, '^'"^'^' 
designated as town meeting members at large; namely, any 
member of the general court of the commonwealth from the 
town, the moderator, the town clerk, the selectmen, the town 
treasurer, the town counsel, the town collector of taxes, the 
town accountant, the chairman of the board of assessors, 
the chairman of the school committee, the chairman of the 
trustees of Tufts library, the chairman of the board of health, 
the chairman of the park commission, the chairman of the 
water commissioners, the tree warden, the chairman of the 
planning board, the chairman of the overseers of the poor, 
members of the appropriation committee and chairman of 
any board of town officers hereafter constituted by law or by 



50 



Acts, 1921. — Chap. 61. 



Notice of 
town meetings. 



Quorum. 



Notice of 
adjourned 
town meetings 
to be posted, 
etc. 



Town meetings 
to be public, 
etc. 



Resignations, 
etc. 



Nominations, 
how made. 



Warrant arti- 
cles, how acted 
upon, etc. 



the acts of the town. The town clerk shall notify the toM n 
meeting members of the time and place at which town meet- 
ings are to be held, the notices to be sent by mail at least 
seven days before the meeting. The town meeting members, 
as aforesaid, shall be the judges of the election and qualifica- 
tion of their members. A majority of the town meeting 
members shall constitute a quorum for doing business; but 
a less number may organize temporarily and may adjourn 
from time to time. Notice of every adjom-ned town meeting 
shall be posted by the town clerk in ten or more public places 
in the town, and he shall notify by mail the members of the 
town meeting of the adjournment at least twenty-four hours 
before the time of the adjourned town meeting. The notices 
shall state briefly the business to be acted upon at the meet- 
ing, and shall include notice of any proposed reconsideration. 
All town meetings shall be public. The town meeting mem- 
bers as such shall receive no compensation. Subject to such 
conditions as may be determined from time to time by the 
members of the representative town meeting, any voter of 
the town who is not a to^\'n meeting member may speak, 
but he shall not vote. A town meeting member may resign 
by filing a written resignation with the town clerk, and his 
resignation shall take effect on the date of such filing. A 
town meeting member who remoA'es from the town or from 
the precinct from which he was elected shall cease to be a 
town meeting member. 

Section 4. Nomination of candidates for town meeting 
members to be elected under tliis act shall be made by nomi- 
nation papers, which shall bear no political designation, and 
signed by not less than ten ^^oters of the precinct in which 
the candidate resides, and filed v.dth the tov.Ti clerk at least 
ten days before the election. No nomination papers shall 
be valid in respect to any candidate whose written accept- 
ance is not thereon or attached thereto. 

Section 5. The articles in the warrant for every town 
meeting, so far as they relate to the election of town officers, 
and town meeting members, as hereinbefore pro\aded, refer- 
enda, and all matters to be acted upon and determined by 
ballot, shall be so acted upon and determined by the voters 
of the town in their respective precincts. All other articles 
in the warrant for any town meeting shall be acted upon and 
determined exclusively by toM-n meeting members at a meet- 
ing to be held at such time and place as shall be set forth by 



Acts, 1921.— Chap. 61. 51 

the selectmen in the warrant for the meeting, subject to the 
referendum provided for by section eight. 

Section 6. A moderator shall be elected by ballot at the Moderator, 
first election for the choice of town meeting members and at ^''^''*'°"' *"*"• 
each annual town election thereafter by the \'oters and shall 
serve as moderator of all town meetings, except as otherwise 
provided by law, until his successor is elected and qualified. 
If a moderator is absent, a moderator pro tempore may be 
elected by the town meeting members. 

Section 7. Any vacancy in the full number of towm vacancies, how 
meetmg members from any precinct may be filled until the ^ • ® '=• 
next annual election by the remaining members of the pre- 
cinct from among the \'oters thereof. Upon petition therefor, 
signed by not less than ten town meeting members from 
the precinct, notices of the vacancy shall be promptly given 
by the town clerk to the remaining members from the pre- 
cinct in which the vacancy or vacancies exist, and he shall 
call a special meeting of such members for the purpose of 
filling any vacancy. He shall cause to be mailed to each of ^^jin°^etc 
such members, not less than four days before the time set 
for the meeting, a notice specifying the object and the time 
and place of the meeting. At the said meeting a majority of 
the members shall constitute a quorum, and they shall elect 
from their own number a chairman and a clerk. The choice choice to be 
to fill any vacancy shall be by ballot, and a majority of the 
votes cast shall be required for a choice. The chairman and 
clerk shall make a certificate of the choice and forthwith file 
the same with the town clerk, together with a written accept- 
ance by the member or members so chosen, who shall there- 
upon be deemed elected and qualified a town meeting mem- 
ber or members, subject to the right of all the town meeting 
members to judge of the election and qualification of mem- 
bers as set forth in section three. 

Section 8. No measure passed at any representative Measures 

^ , . ^ X passed, when 

town meeting, except a \'ote to adjourn or a measure appro- to become 

• , • 1 • i. 1 • I operative. 

priatmg or borrowing money tor emergency purposes A\nicn 
shall contain a preamble specif;>dng the facts constituting the 
emergency and requiring for its passage a separate vote of 
two thirds of the town meeting members present and voting 
thereon, shall become operative until after the expiration of 
five days, exclusive of Sundays and holidays, from the dis- 
solution of the meeting. If, within said five days a petition. Referendum. 
signed by not less than one hundred voters of the town, con- 



52 



Acts, 1921. — Chap. 61. 



Questions, 
how stated 
upon ballot, 
etc. 



Action binding 
upon town. 



General meet- 
ings may be 
held, etc. 



taining their names and addresses as appearing on the voting 
list is filed with the selectmen asking that the question or 
questions involved in such measure l)e submitted to the 
voters of the town at large, then the .selectmen, after the ex- 
piration of five days, shall forthwith call a special meeting 
for the sole purpose of presenting to the voters at large the 
question or questions so involved. The polls shall be opened 
at two o'clock in the afternoon and shall be closed not earlier 
than eight o'clock in the evening and all votes upon any 
questions submitted shall be taken by ballot, and a check 
list shall be used in the several precincts in the same manner 
as in the election of town officers. The questions submitted 
at the said town meeting shall be determined by vote of a 
majority of the \^oters at large voting thereon. The ques- 
tions so submitted shall be stated upon the ballot in the 
same language and form in which they were stated ^^•hen 
presented to said representative town meeting by the moder- 
ator, and as they appear upon the records of said representa- 
tive town meeting. If such petition be not filed within the 
said period of five days, the vote in the representative town 
meeting shall become operative and effective upon the ex- 
piration of said period. 

Section 9. The town of Weymouth, after the accept- 
ance of this act, shall have the capacity to act through and 
to be bound by its said town meeting members who shall, 
when convened from time to time as herein provided, con- 
stitute representative town meetings; and such representa- 
tive town meetings shall exercise exclusively, so far as will 
conform to the provisions of this act, all powers vested in 
the municipal corporation. Action in conformity with all 
provisions of law now or hereafter applicable to the trans- 
action of town affairs in town meetings shall, when taken by 
any representative town meeting in accordance with the pro- 
visions of tliis act, have the same force and effect as if such 
action had been taken in a town meeting, open to all the 
voters of the town as heretofore organized and conducted. 

Section 10. This act shall not abridge the right of the 
people of Weymouth to hold general meetings; nor shall 
this act confer upon any representative town meeting in 
Weymouth the power finally to commit the town to any 
measure affecting its municipal existence or changing its 
government, without the action thereon by the voters of 
the town at large, using the ballot and check list therefor. 



Acts, 1921. — Chap. 62. 53 

Section 11. The question of the acceptance of this act n.Hte/to" 
by the town of Weymouth shall be submitted to the regis- voters, etc. 
tered voters of the town at the annual town election in the 
year nineteen hundred and twenty-one. The vote shall be 
taken by ballot, in accordance with the provisions of the 
General Laws so far as the same shall be applicable and not 
inconsistent herewith, in answer to the following question 
which shall be placed upon the official ballot used for the 
election of town officers: — "Shall an act passed by the 
general court in the year nineteen hundred and twenty-one, 
entitled * An Act to provide for precinct voting, representative 
town meetings, town meeting members, a referendum and 
an annual moderator in the town of We^anouth', be accepted 
by this town?" and the affirmative votes of a majority of 
the registered voters of the town present and voting thereon 
shall be required for and shall determine its acceptance. So 
much of this act as authorizes its submission to the registered 
voters of the town shall take effect upon its passage; but 
this act shall not take further effect unless and until accepted 
by the town as herein provided. 

Approved February 28, 1921. 

An Act authorizing the city of Worcester to lay Chap. 62 

AND maintain PIPES AND FURNISH WATER TO SAINT 
VINCENT HOSPITAL IN THE TOWN OF MILLBURY. 

Be it enacted, etc., as follows: 

Section 1. The city of Worcester may lay and maintain cityof 
pipes in the highway of the town of Millbury from the Worces- ^ay'and mX-^ 
ter city line to the Saint Vincent Hospital buildings in said fumish'water'^ 
town, for the purpose of furnishing water for said buildings, p°,ft''HospHai 
and may, subject to the approval of the selectmen of said Vjlf^'jj""* 
town, make excavations in said highway for the purpose of 
laying, maintaining and renewing such pipes. Said city may 
furnish water to said hospital as aforesaid, upon its pajang 
to said city such sum as the city council, with the approval 
of the mayor, may fix. 

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 council, etc. 
its charter. Approved February 28, 1921. 



54 



Acts, 1921. — Chap. 63. 



City of North- 
hampton to 
establish a 
board of 
public works. 



Membership, 
appointment, 
etc. 



Chap. 63 An Act authorizing the city of Northampton to 

ESTABLISH A BOARD OF PUBLIC WORKS. 

Be it enacted, etc., as follows: 

Section 1. The city of Northampton shall, within thirty 
days after the acceptance of this act by the city council, 
establish a board of public works in accordance with the pro- 
visions of this act. 

Section 2. The board of public works shall consist of 
three persons, legal voters of said city, who shall be ap- 
pointed as follows:- — The mayor shall appoint, subject to 
the confirmation of the board of aldermen, one person for 
one year, one for two years and one for three years, the 
terms of office dating from the first Monday in IVIarch, nine- 
teen hundred and twenty-one, and thereafter in the month 
of February of each year, one person for the term of three 
years from the first Monday of March then next ensuing. 
A vacancy occurring may be filled at any time for the un- 
expired term by the mayor, subject to the confirmation of 
the board of aldermen. The members of said board of public 
works shall serve without compensation and no member 
thereof shall be eligible to election or appointment to any 
paid position within the gift of the board, during his term of 
office. 

Section 3. The powers of the board of public works 
shall be administrative. It shall have cognizance, direction 
and control; (a) of the construction, location, relocation, re- 
pair and care of streets, ways and sidewalks, and the sprink- 
ling of streets; (b) the construction, alteration and repair 
and maintenance of public bridges; (c) the care, superin- 
tendence and management of the public grounds belonging 
to the city and of shade and ornamental trees growing in and 
along city highways; provided that this act shall not affect 
the management of any public park belonging to the city 
unless after the date this act takes effect the management 
thereof is specifically transferred to the board of public works 
by vote of the city council. Except as otherwise provided 
herein, the said board shall perform all the duties heretofore 
performed by the city council committee on highways, street 
sprinkling and sidewalks, and such other duties as the city 
council shall from time to time by ordinance or otherwise 
prescribe. 



Vacancies, how 
filled. 



Members to 
serve without 
compensation, 
etc. 



Powers, 
duties, etc. 



Proviso. 



Acts, 1921. — Chap. 63. 55 

Section 4. The board may require that no person or Powers, 
corporation authorized by the board of aldermen to dig up 
any pubUc street or sidewalk in said city shall begin such 
digging before furnishing to said board of pubhc works se- 
curity satisfactory to them that such streets or sidewalks 
shall be restored to their former condition. The said board 
of public works shall, except as otherwise provided by law, 
have exclusively the powers of, and be subject to the Habilities 
imposed by law upon, road commissioners of towns. 

Section 5. The board of public works shall have ex- To assess 
elusive authority to determine and assess all betterment as- assessments, 
sessments for street and sidew^alk improvements authorized "*'■ 
under chapter eighty or eighty-three of the General Laws. 
The board of public works and the board of aldermen, sit- Board of 
ting jointly, shall constitute the board of survey provided 
for by section seventy-three of chapter forty-one of the 
General Laws, and sections se\'enty-three to eighty-one, 
inclusive, of said chapter shall, so far as appHcable, apply 
in said city. 

Section 6. The board of public works shall annually in civii engineer. 
the month of March appoint a competent ci\il engineer, who term! diSfe".' 
shall be styled the city engineer, and who shall perform such ^*''' 
duties as may be required of him by said board. He shall 
hold office during the pleasure of the board, and the said 
board shall fix his compensation. Said board may appoint ^"ffrc^/^^ete"* 
a superintendent of streets and such subordinate officers as appointment, 
may be necessary and establish their terms of office. The ^ 
salaries of the superintendent of streets and the subordinate 
officers shall be fixed by said board. Said board shall have Mechanics, 
authority to employ and discharge such mechanics, laborers empioyriient,' 
and other employees as may be necessary for the conduct of '"'^''^' ^^''^ 
the public work and shall have exclusive power to fix the 
wages of said mechanics, laborers and other employees. 

Section 7. The board of public works shall keep proper to keep 
books and records and shall make an annual report to the records'" and 
city council for each year ending November thirtieth. The report!*"""* 
said board shall include in its report such detailed statements 
of receipts and expenditures and work performed as the 
city council may require or the interests of the citizens may 
seem to demand. The said annual report shall also contain 
a schedule of all city property coming under the care of the 
said board. Unexpended balances of appropriations once Unexpended 
appropriated for the use of said board shall not be transferred appropriations. 



56 



Acts, 1921. — Chap. 64. 



Inconsistent 
acts repealed. 



Proviso. 



Existing con- 
tracts not to 
be affected. 



To be sub- 
mitted to city 
council, etc. 



to the contingent account or to other accounts without the 
consent in writing of said board. 

Section 8. All acts and parts of acts inconsistent here- 
with are hereby repealed, in so far as they relate to the city 
of Northampton; provided, that this act shall not affect the 
powers and duties heretofore granted to or imposed upon 
the board of sewer commissioners of said city. 

Section 9. This act shall not affect any existing con- 
tract between the city of Northampton and any person or 
corporation. 

Section 10. This act shall not take effect until accepted 
by the city council of said city of Northampton. Upon such 
acceptance, so much thereof as provides for the appointment 
and confirmation of the members of the new board of public 
works shall take effect, and all other provisions thereof shall 
take effect upon such appointment and confirmation. 

Approved March 1, 1921. 



Chap. 64 An Act rel.\tive to the appointment of public 
administrators to administer testate estates. 



G. L. 19.3, § 7, 
amended. 



Administra- 
tion with the 
will annexed. 



Be it enacted, etc., as folloivs: 

Section seven of chapter one hundred and ninety-three of 
the General Laws is hereby amended by inserting after the 
word "heirs", in the nineteenth line, the words: — or lega- 
tees or de^^sees under the will, — so as to read as follows: — 
Section 7. If no executor is named in a will, or if all the 
executors therein named are dead or incompetent or refuse 
to accept the trust, or if, after being duly cited therefor, the 
executor neglects to accept the trust, or if he neglects for 
thirty days after the probate of the will to give bond accord- 
ing to law, the court shall commit administration of the 
estate, with the will annexed, to any person interested in the 
will of said deceased, to any creditor of the deceased or to 
any suitable person; but after the expiration of said thirty 
days, and before letters of administration with the will an- 
nexed have been granted, the court may grant letters test- 
amentary to any person named as executor who gives the 
bond required by law. If a person named as executor in a 
\xi\\ petitions for the probate of the same and dies, declines 
or becomes unable to act before final decree is entered on 
said petition, any person interested in the will of said de- 
ceased, or any creditor of the deceased, or any suitable 
person, may, on petition, be allowed to enter and to prose- 



Acts, 1921. — Chaps. 65, 66. 57 

cute the original petition for probate, to apply for letters of 
administration with the will annexed, and to act and proceed 
in any proposed compromise under sections fifteen and six- 
teen of chapter two hundred and four. If it appears that there Public admin- 
are no known heirs or legatees or de\isees under the will of toTfeap-"^ ^" 
the deceased, a public administrator of the county shall be p"'"*^"^- 
appointed to the trust. Approved March 1, 1921. 



An Act enabling women to sign nomination papers (Jhav 65 

FOR CANDIDATES AND TO BE CANDIDATES FOR OFFICE IN 
THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 
Section 1. Section fifty-fi^'e of chapter four hundred and i^"^, 486. § 55, 

• 1 "PI c • 1 11 1 • • 1 1 amended. 

eighty-six 01 the acts 01 nnieteen hundred and nine is hereby 
amended by striking out, in the first and second lines, the 
words "for a member of the school committee", and by strik- 
ing out, in the third line, the word "that", so as to read 
as follows: — Section 55. Women who are qualified to vote women may 
may be nominated as and sign nomination papers for can- tlo" paperTfor 
didates for office in the manner and under the same pro- be^ctndidatea^ 
visions of law as men. f?: ^^\% '". 

1 11 1 n • City of Boston. 

Section 2. Tins act shall take efiect upon its passage. 

Approved March 1, 1921. 



An Act authorizing the city of fall river to borrow Qjidj) gg 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of purchasing or otherwise city of Fail 
acquiring land, and for the purpose of constructing school bonw^Inoney 
buildings and providing for the original equipment and fur- p'llrposes.' 
nishing of said buildings, the city of Fall Ri\-er may from 
time to time borrow such sums not exceeding, in the ag- 
gregate, one million fi\'e hundred thousand dollars and may 
issue notes or bonds therefor which shall bear on their face 
the Avords, Fall River School Loan, Act of 1921. Each au- Fail River 
thorized issue shall constitute a separate loan. Indebtedness ici°o°f mi^' 
incurred under this act shall be in excess of the statutory 
limit but shall otherwise be subject to the provisions of chap- 
ter forty-four of the General Laws. 

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

Approved March 1, 1921. 



58 



Acts, 1921. — Chaps. 67, 68. 



City of Woburn 
may issue 
additional 
water bonds. 



Chap. 67 An Act authorizing the city of woburn to issue 

ADDITIONAL WATER BONDS. 

Be it enacted, etc., as follows: 

Section 1, For the purpose of reconstructing, relaying, 
and replacing conduits and pipes in its present water system, 
the city of Woburn may, from time to time, borrow such 
sums as may be necessary not exceeding, in the aggregate, 
two hundred thousand dollars in addition to the amount 
previously authorized to be issued, and may issue bonds or 
notes therefor which shall bear on their face the words, 
Woburn Water Loan, Act of 1921, Each authorized issue 
shall constitute a separate loan, and such loans shall be pay- 
able in not more than twenty years. Indebtedness incurred 
under this act shall be in excess of the statutory limitation, 
but shall otherwise be subject to the provisions of chapter 
forty-four of the General Laws. 

Section 2. All income from the water works in the city 
of Woburn shall be applied to defrajdng operating expenses, 
interest charges, and payments upon the principal as they 
accrue upon bonds or notes issued under the authority of 
this act or of any other act authorizing the issue of bonds or 
notes for water purposes, and in case the income should be 
insufficient to meet such charges, the assessors shall assess 
a sum sufficient to meet debt and interest charges not pro- 
vided for in the same manner as taxes are assessed for other 
purposes. If there should be a net surplus remaining in the 
water revenue after providing for the aforesaid charges, it 
shall be used for such new construction or the reconstruction 
of such parts of the distribution system as may be determined 
upon, and in case a surplus should remain after pajmient 
for such new construction and reconstruction, the water rates 
shall be reduced proportionately. 

Section 3. This act shall take effect upon its passage. 

Approved March 1, 1921. 



Woburn Water 
Loan, Act of 
1921. 



Income from 
water works, 
how to be 
applied. 



Chap. 68 An Act authorizing the town of Winchester to 
establish a board of appeal in matters of building 
construction. 

Be it enacted, etc., as follows: 

Town of Win- SECTION 1. The towu of Winchester may by by-law pro- 

chester may • i r> i i • • p i i p i 

establish a yidc for tlic clcction or appointment of a board oi appeal, to 



Acts, 1921. — Chaps. 69, 70. 59 

consist of not less than three residents of the town who appeal in 
shall hear and act upon appeals from orders and decisions of, building con- 
and refusals of permits by, its building commissioner and ^^'■"*'^'°"- 
inspectors, acting under present or futiu-e by-laws for the 
regulation of building, plumbing, wiring or gas fitting. Said 
town may likewise pro\ade that such board may, by unani- 
mous decision, authorize construction, installation, altera- 
tion, repair and removal not authorized by such by-laws in 
specific cases which appear to such board not to have been 
contemplated by the same although co\'ered thereby, or in 
cases where manifest injustice would result from the en- 
forcement thereof, if such decision does not conflict with the 
spirit of any pro\dsion of such by-laws. The said town may 
make other pro\'isions not inconsistent A\ath law defining the 
powers, duties and authority of said board and the qualifica- 
tions and tenure of office of its members. 
Section 2. This act shall take effect upon its passage. 

Approved March 1, 1921. 

An Act authorizing the city of woburn to borrow Chav. 69 

MONEY for school PURPOSES. 

Be it enacted, etc., a.s follows: 

Section 1. For the purpose of acquiring land for and ^}^7°^ 

1 • e 1 1 1 Ml- 1 !• 1 Woburn may 

the construction of a school bmlding and tor the purpose borrow money 
of originally equipping and furnishing said building, the city purposes. 
of Woburn may, from time to time, borrow such sums as 
may be necessary not exceeding, in the aggregate, one hun- 
dred and twenty-five thousand dollars and may issue bonds 
or notes therefor which shall bear on their face the words, 
Woburn School Loan, Act of 1921. Each authorized issue wobum School 
shall constitute a separate loan. Indebtedness incurred {921"' ^^^ ° 
under this act shall be in excess of the statutory limit, but 
shall otherwise be subject to the pro\'isions of chapter forty- 
four of the General Laws. 

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

Approved March 1, 1921. 



An Act to authorize the sale of certain land held (JJiaj) 70 

BY the city of BROCKTON FOR SCHOOL PURPOSES. 

Be it enacted, etc., as folloivs: 

Section 1. The city of Brockton may, by a majority city of 
vote of its city council, approved by the mayor, sell and ^Wcertri™*^ 



60 



Acts, 1921. — Chap. 70. 



land now held 
by it for 
school pur- 
poses. 

Walnut street 
school lot. 



Ashland 
street school 
lot. 



convey, upon such terms and conditions as it may deem ex- 
pedient, the following described parcels of land, or any part 
thereof, situated in said city, now held by it for school pur- 
poses; — A certain parcel of land known as the Walnut street 
school lot, containing about twenty-eight thousand four hun- 
dred and forty-six square feet, situated on the easterly side 
of Walnut street, and bounded and described as follows : — 
Beginning at a point in the easterly line of Walnut street 
at the northwest corner of land of Peter ^ arros, which point 
is located one hundred nineteen and six tenths feet north of 
the northerly hne of Spring street; thence easterly by land 
of said \^arros fifty-nine and one tenth feet to land of the 
Greek Orthodox Community of Brockton, Inc.; thence 
northerly by land of said community about ele\'en and nine 
tenths feet to a corner; thence easterh' by land of said com- 
munity and Sarah E. Brown about one hundred seventeen 
and five tenths feet to land of Grace A. Sexton et al; thence 
northerly by land of said Sexton et al and land of Helen W. 
Hamilton about one hundred forty-one and nine tenths feet 
to land of Ashton Hamilton; thence westerly by lands of 
said Hamilton and Peter Varros about one hundred ninety- 
one and four tenths feet to the easterly line of Walnut street; 
thence southerly by the easterly line of said Walnut street 
one hundred seventy-one feet to point of beginning. 

Also another parcel of lantl kno\\n as the Ashland street 
school lot, containing about fourteen thousand two hundred 
ninety-four square feet, situated at the northwest corner of 
East Ashland and Mulberry streets, bounded and described 
as follows : — Begimiing at a ])oint in the northerly line of 
East Ashland street, at its intersection with the westerly 
line of Mulberry street; thence northerly by the westerly 
line of Mulberry street one hundred forty-seAen and nine 
tenths feet to the southeast corner of land of the Standard 
Oil Company of New York; thence westerly by land of said 
company about ninety-seven and thirt;>'-fi\'e one hundredths 
feet to a corner; thence southerly by land of said company 
and James G. Wilde and George Clarence Holmes about one 
hundred forty-eight and tA\'o tenths feet to the northerly line 
of East Ashland street; thence easterly by the northerly 
line of East Ashland street about ninety-eight and thirty- 
eight hundredths feet to the point of beginning. The price 
to be paid for said land or any part thereof shall be fixed by 
the city council, with the approval of the mayor, and the 
money received therefor shall be appropriated and expended 



Acts, 1921. — Chaps. 71, 72, 73. 61 

for the constructing of new school buildings or additions to 
existing school buildings in the said city. The mayor may 
execute and deliver on behalf of the city of Brockton such 
instruments as may be necessary to convey a proper title to 
said land to the purchasers. 
Section 2. This act shall take effect upon its passage. 

Approved March 1, 1921. 



An Act authorizing the city of revere to pension Chap. 71 

ELBRIDGE G. PAINE. 

Be it enacted, etc., as folio ws: 

Section 1. The city of Revere may retire Elbridge G. ^i^,^ ^L^foT' 
Paine, the present janitor of the Shurtleff school in said city, f^^^'J^^** *^- 
on an annual pension equal to one half his present annual 
compensation. 

Section 2. This act shall take effect upon its acceptance To be submited 
by the city council of said city, subject to the pro\isions of ^c"*^ ''°""'" ' 
its charter, provided that such acceptance occurs prior to Proviso. 
December tliirty-first in the current year. 

Approved March 1, 1921. 

An Act authorizing the city of lynn to pension Chap. 72 

CHARLES F. WAITT. 

Be it enacted, etc., as follows: 

Section 1. The city of Lynn may pay annually tocityofLynn 
Charles F. Waitt, for thirty years an engineer in its street charieri!"" 
department, a sum not exceeding one half the compensation ^^'*'"" 
received by him during the last year of his service. 

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- coundi^etc!'^ 
visions of its charter, provided that such acceptance occurs Proviso. 
prior to December thirty-first in the current year. 

Approved March 1, 1921. 

An Act authorizing the city of lynn to pension Chap. 73 

CLAVIC BARCELO. 

Be it enacted, etc., as follows: 

Section 1. The city of Ljiin may retire Clavic Barcelo, city of Lynn 
who has been for twenty-one years in the employ of its ciavic Brrceio. 
health department as a laborer and has reached the age of 
seventy-five years, on an annual pension equal to one half the 
annual compensation paid him at the time of his retirement. 



62 



Acts, 1921. — Chaps. 74, 75. 



To be sub- 
mitted to city 
council, etc. 

Proviso. 



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 December thirty-first in the current year. 

Approved March 1, 1921. 



Chap. 74 An Act authorizing the city of newton to pension 

HERBERT W, HALL. 

Be it enacted, etc., as follows: 

Section 1. The city of Newton may pay to Herbert 
W. Hall, formerly a call member of its fire department, an 
annual pension not exceeding seven hundred dollars. 

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 1, 1921. 



City of Newton 
may pension 
Herbert W. 
Hall. 

To be sub- 
mitted to city 
council, etc. 

Proviso. 



Chap. 75 An Act relative to the protection of wild or un- 

DOMESTICATED BIRDS. 



G. L. 131, § 19, 
amended. 



Penalty for kill- 
ing wild or un- 
domesticated 
birds. 



Exemptions. 



Be it enacted, etc., as folio ws: 

Section nineteen of chapter one hundred and thirty-one of 
the General Laws is hereby amended by striking out, in the 
seventh and eighth lines, the following: — "and fresh water 
or sea fowl not named in said sections", and by striking out, 
in the twelfth line, the words "over twenty-one", so as to 
read as follows: — Section 19. Whoever, except as provided 
in section thirty-three, thirty-four, thirty-seven, thirty-nine, 
forty-three, forty-four or seventy-two, takes or kills or has 
in his possession a wild or undomesticated bird except an 
English sparrow, crow blackbird, crow, jay, starling, the fol- 
lowing 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, or wilfully destroys, disturbs or takes a nest or eggs of 
any wild or undomesticated bird, except such as are not 
protected by this section, shall be punished by a fine of ten 
dollars for each bird taken, killed or had in possession or for 
each nest or egg disturbed, destroyed or taken; but a person 
who has a certificate from the commissioner or from the 
president of the Boston Society of Natural History that he 
is engaged in the scientific study of ornithology or is collect- 



Acts, 1921. — Chaps. 76, 77. 63 

ing in the interests of a scientific institution, may at any 
season take or kill a wild or undomesticated bird, except 
woodcock, ruffed grouse and quail, or take the nests or eggs 
of such bird; but 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. 
The commissioner or the president of said society may at any 
time revoke said certificate. The proxisions of this section 
as to certificates shall not apply to the birds mentioned in 
sections twenty-one, twenty-three, twenty-four, twenty-six 
and twenty-seven. 

Approved March 1, 1921. 

An Act authorizing the city of boston to pay a sum Phny 76 

OF MONEY TO THE WIDOW OF JOHN F, CULLEN. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston may pay to Bridget M. city of Boston 
Cullen, widow of John F. Cullen, late employee of the public sum of money 
works department, the sum of nine hundred and ninety John f. Cuiien. 
dollars and fifty-three cents, the same being the sum wliich 
he would have received had he lived and served in said 
capacity for the remainder of the current year. 

Section 2. Tliis act shall take effect upon its acceptance to be sub- 
by the city council of said city, subject to the provisions of coundi,*etc!*^ 
its charter, provided that such acceptance occurs prior to Proviso. 
December thirty-first in the current year. 

Approved March 2, 1921. 



An Act authorizing the city of lynn to pension anna Qhav. 77 

E. chase. 

Be it enacted, etc., as follows: 

Section 1. The city of L}Tin may pay to Anna E. Chase, city of Lynn 
for twenty-two years in the employ of its health department AnnaToTase. 
as a matron at the Contagious Hospital, an annual pension, 
so long as she remains unmarried, not exceeding five hundred 
dollars. 

Section 2. This act shall take effect upon its acceptance to be sub- 
by the city council of said city, subject to the pro\asions of Muncii.^etc.^^ 
Its charter, provided that such acceptance occurs prior to Proviso. 
December thirty-first in the current year. 

Approved March 2, 1921. 



64 



Acts, 1921.— Chap. 78. 



G. L. 167. § 12. 
amended. 



Unauthorized 
banking pro- 
hibited. 



Chap. 78 An Act prohibiting the use by certain persons and 

CORPORATIONS OF ANY FOREIGN EQUIVALENT OF THE 
WORDS "bank" or "trust" AND THE LIKE. 

Be it enacted, etc., as follows: 

Section 1. Section twelve of chapter one hundred and 
sixty-seven of the General Laws is hereby amended by in- 
serting before the word " as", in the twenty-third and twenty- 
fifth lines, respectively, the words:- — or any word in a 
foreign language having the same or similar meaning, — so 
as to read as follows: — Section 12. No corporation, do- 
mestic or foreign, and no person, partnership or association 
except sa\ings banks and trust companies incorporated 
under the laws of this commonwealth, or such foreign bank- 
ing corporations as w^ere doing business in this common- 
wealth, and were subject to examination or supervision of 
the commissioner on June first, nineteen hundred and six, 
shall hereafter make use of any sign at the place where its 
business is transacted having thereon any name, or other 
words indicating that such place or office is the place or office 
of a savings bank; nor shall such corporation, person, part- 
nership or association make use of or circulate any written 
or printed or partly written and partly printed paper what- 
ever, ha\ing thereon any name or other words, indicat- 
ing that such business is that of a sa\'ings bank; nor shall 
any such corporation, person, partnership or association, or 
any agent of a foreign corporation not ha\ing an established 
place of business in this commonA\ealth, solicit or receive de- 
posits or transact business in the way or manner of a savings 
bank, or in such a way or manner as to lead the public to 
believe, or as in the opinion of the commissioner might lead 
the public to believe, that its business is that of a savings 
bank; nor shall any person, partnership, corporation or asso- 
ciation except co-operative banks incorporated under the 
laws of this commonwealth and corporations described in 
the first sentence of this section hereafter transact business 
under any name or title which contains the word "bank" or 
"banking", or any word in a foreign language having the 
same or similar meaning, as descriptive of said business, or, if 
he or it does a banking business or makes a business of re- 
ceiving money on deposit, under any name or title contain- 
ing the word "trust", or any word in a foreign language 
having the same or similar meaning, as descriptive of said 
business. 



Words "bank" 
or "trust", 
etc., or foreign 
equivalent 
thereof, 
restrictions 
upon use. 



Acts, 1921. — Chap. 79. 65 

Section 2. Section thirteen of said chapter one hundred ^m^d^^.' ^ ^^' 
and sixty-seven is hereby amended by inserting after the 
word "trust", in the fifth Hne, the words: — , or any word 
in a foreign language having the same or similar meaning, 
— so as to read as follows: — Section 13. The commis- Penalty for 
sioner or his examiners may examine the accounts, books and banking and 
papers of any corporation, person, partnership or associa- submittoexam- 
tion making a business of receiving money on deposit, or ji^^mi's^ioner 
which has the word "bank", "banking", "banker", "bank- of banks, 
ers", or "trust", or any word in a foreign language ha\ing 
the same or similar meaning, in the name under which its 
business is conducted, in order to ascertain whether such 
corporation, person, partnership or association has violated 
or is violating any provision of the preceding section; and 
any corporation, person, partnership or association refusing 
to allow such examination or violating any provision of said 
section shall forfeit to the commonwealth one hundred dol- 
lars a day for every day or part thereof during which such 
refusal or violation continues. Any violation of this or the 
preceding section shall forthwith be reported by the com- 
missioner to the attorney-general. The said forfeiture may 
be recovered by an information or other appropriate pro- 
ceeding brought in the supreme judicial or superior court in 
the name of the attorney-general. Upon such information 
or other proceeding the court may issue an injunction re- 
straining such corporation, person, partnership or associa- 
tion from further prosecution of its business within the com- 
monwealth during the pendency of such proceeding or for all 
time, and may make such other orders or decrees as equity 
and justice may require. Approved March 2, 1921. 



An Act authorizing savings banks to establish and Chap. 79 

MAINTAIN SAFE DEPOSIT VAULTS AND TO RENT BOXES 
THEREIN. 

Be it enacted, etc., as follows: 

Chapter one hundred and sixty-eight of the General Laws g l. m. new 
is hereby amended by inserting after section thirty-two the §^2!'*" ^^^^"^ 
following new section: — Section 32 A. Savings banks may. Savings banks 
with the WTitten permission of, and under regulations ap- TnYma'Tn'titn 
proved by, the commissioner, establish and maintain safe vauitt^d* 
deposit vaults and rent boxes therein. The provisions of 'herei^!'^^ 
section seventeen of chapter one hundred and fifty-eight 
shall apply to said banks. Approved March 2, 1921. 



66 



Acts, 1921. — Chap. 80. 



G. L. 40, § 9, 
amended. 



Cities and 
towns may 
appropriate 
money to pro- 
vide headquar- 
ters for posts 
of American 
Legion. 



Chap. 80 An Act authorizing cities to appropriate money to 

DEFRAY THE EXPENSES OF SUITABLE QUARTERS FOR POSTS 
OF THE GRAND ARMY OF THE REPUBLIC. 

Be it enacted, etc., as follows: 

Section nine of chapter forty of the General Laws is hereby 
amended by inserting after the word "RepubHc", in the 
twenty-first hne, the following: — including the heating and 
lighting of such quarters, ■ — so as to read as follows: — Sec- 
tion 9. A city or town may for the piupose of providing a 
suitable headquarters for a post of the American Legion, 
lease for a period not exceeding five years a building or part 
of a building which shall be under the direction and control 
of such post, subject to regulations made in cities by the 
mayor with the approval of the council and in towns by 
vote of the town, and for this piu-pose a town with a valua- 
tion of less than five million dollars may annually appropriate 
not more than one thousand dollars; a town with a valua- 
tion of five million dollars but not more than twenty million 
dollars may annually appropriate not more than fifteen hun- 
dred dollars; a town with a valuation of twenty million dol- 
lars but not more than seventy-five million dollars may an- 
nually appropriate not more than two thousand dollars; a 
town with a valuation of seventy-fiAe million dollars but not 
more than one hundred fifty million dollars may annually 
appropriate not more than twenty-five hundred dollars; and 
a town with a valuation of one hundred fifty million dollars 
or more may annually appropriate twenty-five hundred dol- 
lars for each one hundred fifty million dollars of valuation, 
or fraction thereof. The city council of a city may, by a 
two thirds vote, appropriate money for armories for the use 
of the state militia, for the celebration of holidays, for the 
purpose of providing or defraying the expenses of suitable 
quarters for posts of the Grand Army of the Republic, in- 
cluding the heating and lighting of such quarters, and for 
other like public purposes to an amount not exceeding in 
any one year one fiftieth of one per cent of its valuation for 
such year. Approved March 2, 1921. 



Cities may 
appropriate 
money for 
armories, etc., 
and to defray 
expenses of 
quarters for 
posts of Grand 
Army of the 
Republic. 



Acts, 1921. — Chaps. 81, 82. 67 



An Act to provide for a larger appropriation for the Chav. 81 

FINANCE COMMISSION OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Chapter four hundred and eighty-six of the acts of nine- i909, 486, § 20, 
teen hundred and nine is hereby amended by striking out ^""^^ 
section twenty and inserting in place thereof the following: 
— Section 20. The said commission is authorized to employ Finance com- 
such experts, counsel, and other assistants, and to incur such ^'foston! '''^^ 
other expenses as it may deem necessary, and the same shall appropriation, 
be paid by said city upon requisition by the commission, not 
exceeding in the aggregate in any year the sum of thirty-five 
thousand dollars, or such additional sums as may be appro- 
priated for the purpose by the city council and appro^'ed by 
the mayor. A sum sufficient to cover the salary of the 
chairman of the commission and the further sum of at least 
thirty-five thousand dollars to meet the expenses as aforesaid 
each year shall be appropriated by said city. The commis- 
sion shall have the same right to incur expenses in anticipa- 
tion of its appropriation as if it were a regular department of 
said city. Approved March 2, 1921. 



An Act to establish the boundary line between the Chav. 82 

TOWNS OF carver AND MIDDLEBOROUGH. 

Be it enacted, etc., as follows: 

Section 1. The following described line shall hereafter Boundary line 
be the boundary line between the towns of Middleborough orca?v"er°aTd^ 
and Carver : — Beginning at an irregular stone monument, ^{abifsh°Jd°."^'^ 
marked CMP, standing about eighty feet west of a cart 
path, at the corner of Carver, Middleborough and Plympton; 
.thence south thirty-seven degrees fifteen minutes east six 
thousand four hundred and forty-one feet to a rough, tri- 
angular, stone monument, unmarked, standing in thick 
bushes in the water, about eight hundred and fifty feet east 
of the house belonging to E. H. Marsh; thence south four- 
teen degrees sixteen minutes east fourteen thousand four 
hundred and nine feet to a light colored granite monument 
broken into three pieces, the stub remaining in the ground, 
marked C M, standing on the northeasterly side of a dyke 
running northwesterly through a bog formerly owned by 
John Bent; thence south seventy-six degrees nine minutes 
west two thousand six hundred and eleven feet to a dark 



68 



Acts, 1921. — Chap. 82. 



Boundary line 
between towns 
of Carver and 
Middleborough 
established. 



colored stone monument, marked C M, standing on the 
easterly wooded slope of an elevation about two hundred feet 
west of open meadow and about three hundred and twenty- 
five feet westerly from the junction of Rocky Meadow brook 
with a small stream ; thence south twenty-one degrees thirty- 
eight minutes east one thousand nine hundred and seventeen 
feet to a triangular stone monument, unmarked, standing on 
the easterly wooded slope of a slight elevation, about forty 
feet west of open meadow and about two hundred feet south- 
west from Rocky Meadow brook; thence south forty-one 
degrees thirty-eight minutes east three thousand one hun- 
dred and thirty feet to a rough, triangular stone monument, 
marked C M, standing at an angle in a fence eight feet south 
of a wood road leading southeasterly from France street, on 
the eastern edge of woodland at the western limit of open 
meadow; thence south sixty degrees seven minutes east 
eight hundred feet to an irregular stone monument, un- 
marked, standing in a thick growth of birches, pines, etc., 
twelve feet southwest of an angle in a fence and about two 
thousand one hundred feet east of the house of James C. 
Warr on France street; thence north eighty-seven degrees 
three minutes east four hundred and ninety-two feet to a 
rough stone monument, marked C M, standing in a wood- 
land about fifty feet west of Rocky Meadow brook; thence 
south thirty-one degrees thirty-six minutes east one thou- 
sand seven hundred and two feet to an irregular stone monu- 
ment, marked C M, standing a few feet west of the eastern 
edge of woodland and about one hundred and twenty-five 
feet west of the Weweantitt river; thence south two degrees 
thirty-three minutes east one thousand six hundred and 
nineteen feet to a light colored, irregular stone monument, 
marked C M, standing in an open meadow about seventy- 
five feet east of the wood line on the western edge of the 
meadow and about two thousand four hundred feet east of 
France street; thence south twenty-three degrees fifty min- 
utes west eight hundred feet to a light colored, irregular 
stone monument, unmarked, standing in an open pasture 
about two thousand four hundred feet northeasterly from 
the house of Frank N. Shurtleff on France street; thence 
south ten degrees five minutes east five hundred and ninety- 
six feet to a Hght colored stone monument, unmarked, stand- 
ing in a wooded swamp about forty feet west of the western 
edge of open meadow, and about two thousand three hun- 
dred feet east of the junction of a farm road with France 



Acts, 1921. — Chap. 83. 69 

street; thence south thirty-six degrees thirty-five minutes Boundary Hne 
east one thousand three hundred and fifty-nine feet to a S'caXrand^ 
broken, triangular stone monument, marked C M, standing StobiSd"^^ 
in bushes on the southwesterly edge of an open meadow 
near "Rocky Point"; thence north seventy-nine degrees 
eleven minutes east one hundred and twenty-three feet to a 
dark colored stone monument, marked C M, standing on 
"Rocky Point" in woodland; thence south eighty-one de- 
grees fifty-eight minutes east one hundred and fifty-two feet 
to witness mark, a light colored stone monument, unmarked, 
standing in open meadow four feet west of the west bank of 
the Weweantitt river and near "Rocky Point"; thence in 
the same direction about thirty feet to a point in the center 
of the river; thence southeasterly, along the center of the 
Weweantitt river to a point in the center of the river north 
twelve degrees forty-three minutes west and about twenty- 
five feet distant from a witness mark, a rough granite monu- 
ment, marked C M, standing in a line of bushes on the 
southerly bank of the river and about one hundred and fifty 
feet southeasterly from the bridge on Pine street; thence 
south twelve degrees forty-three minutes east about one 
thousand three hundred and one feet to a rough granite 
monument, marked C M W, standing near the northwesterly 
corner of the barn on the farm of Harvey H. Garney, on the 
easterly side of East street at the corner of Carver, Middle- 
borough and Wareham. 

Section 2. The citizens of the territory by this act an- voting rights 
nexed to the town of Carver shall have the same right to territory Un- 
vote for town officers and to vote on all other town matters "f (^rver*.'"^° 
at the annual town meeting of the town of Carver in the 
current year as they would have had if said territory had 
formed part of the town of Carver for more than six months 
next before said annual town meeting and if other^^^se en- 
titled to vote shall be registered as voters in the town of 
Carver by the registrars of voters of said town. 

Section 3. This act shall take effect upon its passage. 

Approved March 7, 1921. 

An Act authorizing the town of fairhaven to incur (Jfidj) 33 

INDEBTEDNESS FOR SCHOOL HOUSE PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of purchasing land and con- Townof Fair- 
structing thereon a school house and for furnishing and TncuTi^e^t- 



70 



Acts, 1921. — Chap. 84. 



edness for 
school house 
purposes. 



Fairhaven 
School Loan, 
Act of 1921. 



equipping the same, the town of Fairhaven may borrow from 
time to time such sums as may be necessary not exceeding, 
in the aggregate, sixty thousand dollars and may issue bonds 
or notes therefor, which shall bear on their face the words, 
Fairhaven School Loan, Act of 1921. Each authorized issue 
shall constitute a separate loan. Indebtedness incurred 
under this act shall be in excess of the statutory limit but 
shall otherwise be subject to chapter fortj^-four of the Gen- 
eral Laws. 
Section 2. This act shall take effect upon its passage. 

Approved March 8, 1921. 



Chap. 84 An Act relative to the listing and registration of 

VOTERS in C.-LMBRIDGE, CHELSEA AND WATERTOWN. 



1917, 106 (G), 
§§ 9-12; 1918, 
282 (G), §§ 9- 
12: and 1919, 
108 tG), §§ 9- 
12, amended. 
Words "male" 
and "or 
woman voter" 
struck out 
from laws rela- 
tive to listing 
and registra- 
tion of voters 
in Cambridge, 
Chelsea and 
Watertown. 

1917, 106 (G), 
§9;andl918, 2S2 
(G), § 9, fur- 
ther amended. 



Listing and 
registration of 
voters in Cam- 
bridge and 
Chelsea. 



1919, 108 (G), 
§ 9, further 
amended. 

Listing and 
registration of 
voters in 
Watertown. 



Be it enacted, etc., as follows: 

Section 1. Sections nine to twelve, inclusive, of chapter 
one hundred and six of the General Acts of nineteen hun- 
dred and seventeen, sections nine to twelve, inclusive, of 
chapter two hundred and eighty-two of the General Acts of 
nineteen hundred and eighteen, and sections nine to twelve, 
inclusive, of chapter one hundred and eight of the General 
Acts of nineteen hundred and nineteen, are hereby amended 
by striking out the word "male", and the words "or woman 
voter", wherever they occur. 

Section 2. Section nine of said chapter one hundred and 
six, and section nine of said chapter two hundred and eighty- 
two, are hereby further amended by striking out the follow- 
ing words, constituting, in each section, the third sentence: 
— " The board shall also inquire at the residences of the 
women voters whose names are contained in the list prepared 
by the registrars of voters, under the pro\isions of section 
forty-four of chapter eight hundred and thirtj^-five of the 
acts of the year nineteen hundred and thirteen, and which 
shall be transmitted by said registrars to the listing board 
before the first day of April in each year, whether such 
women voters are resident thereat, and shall thereupon make 
true lists of the women voters found by them." 

Section 3. Section nine of said chapter one hundred 
and eight is hereby further amended by striking out the fol- 
lowing words, constituting the third sentence: — "The 
board shall also inquire at the residence of the women voters 
whose names are contained in the list prepared by the regis- 
trars of voters, under the provisions of section forty-four of 



Acts, 1921. — Chap. 85. 71 

chapter eight hundred and thirty-five of the acts of nineteen 
hundred and tliirteen, and which shall be transmitted by 
said registrars to the hsting board before the first day of 
April in each year, whether such women voters are resident 
thereat, and shall thereupon make true lists of the women 
voters found by them." 

Section 4. Section fifteen of said chapter one hundred §^/J' }9i8,^82 
and six, section fifteen of said chapter two hundred and \^^^^ \oi\cf 
eighty-two, and section fifteen of said chapter one hundred § is. further * 
and eight, are hereby further amended by striking out, in 
the third sentence of each section, the words: — "; and Jfg*j"^|t^"^j,f 
likewise the name and residence, as aforesaid, of everv 1°^"/^ '?,P^™' 

. ' " bndge, Chelsea 

woman voter whose name is contained m the list or women and water- 
voters transmitted to them under this act"; by inserting 
at the end of the next to the last sentence in each section 
the words: — and if upon investigation they are satisfied 
that the name of any such voter has been omitted by mistake 
from the lists transmitted to them by the listing board, they 
may enter his name in the annual register and shall cause 
such entry to be attested by their clerk, — and by striking 
out, in each section, the following words, constituting the 
last sentence: — "They shall, before the first day of April 
in each year, transmit to the listing board a list of the women 
voters whose names are contained upon the register of the 
preceding year, with their residences, as they appear on said 
register." 

Section 5. This act shall take effect upon its passage. 

Approved March 10, 1921. 

An Act increasing the number of members of the Chap. 85 

CORPORATION KNOWN AS THE UNIVERSALIST PUBLISHING 
HOUSE. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred ^^id i^2.^2s^ § i, 
eighty-six of the acts of eighteen hundred and seventy-two 
is hereby amended by striking out, in the fourth line, the 
word "twenty-one", and inserting in place thereof the word: 
— thirty, — so as to read as follows: — Section 1. Alonzo Number of 
A. Miner, Newton Talbot, John D. W. Joy, Henry B. Met- Tor^^r^tion 
calf, Henry D. WiHiams, Russell A. Ballou, their associates fc°^4isS" 
and successors, not exceeding at any one time thirty in housI'"'"^ 
number, are hereby made a corporation by the name of the increased. 
Universalist Publishing House, to be established in Boston, 



72 



Acts, 1921. — Chap. 86. 



for the purpose of printing, publishing, purchasing, selling 
and distributing books, newspapers, magazines and other 
periodicals; with all the powers and privileges, and subject 
to all the duties, restrictions and liabilities contained in all 
general laws applicable to such corporations. 
Section 2. This act shall take effect upon its passage. 

Approved March 10, 1921. 



Trustees of 
The Boston 
City Hospital 
may sell cer- 
tain unclaimed 
property. 



Sale of prop- 
erty if p)erish- 
able, etc. 



Chap. 86 An Act relative to unclaimed property in the boston 

CITY hospital. 

Be it enacted, etc., as foUoios: 

Section 1. If any money, goods or other property re- 
mains unclaimed in the possession of the trustees of The 
Boston City Hospital for a period of one year, and the owner 
or his place of abode or business is unknown, said trustees 
may sell such goods or other property at public auction, 
notice of the time and place of sale, with a description of the 
property to be sold, first being given by publishing once a 
week in tlu-ee successive weeks in any newspaper published 
in Boston. 

Section 2. Such property, if perishable or likely to de- 
teriorate greatly in value by keeping or the value of which 
will probably be less than the expense of keeping, may be 
sold at public auction at any time the said trustees deem ad- 
visable, except that reasonable notice of the time and place 
of sale shall first be given by publishing the same once in 
any newspaper in Boston. 

Section 3. Such unclaimed money, or the proceeds of 
such sale, after deducting all reasonable charges and expenses 
incurred on account of such money or property, shall be paid 
into the city treasury. 

Section 4. If, within two years after such sale, the owner 
claims and proves his title to such property, the proceeds 
of such sale, after deducting all reasonable charges and ex- 
penses, shall be paid over to him upon the order of the said 
trustees. 

Section 5. This act shall take effect upon its passage. 

Approved March 10, 1921. 



Unclaimed 
money and 
proceeds of 
sales to be paid 
into city 
treasury. 

Payment of 
proceeds to 
owners proving 
title, etc. 



Acts, 1921. — Chaps. 87, 88, 89. 73 



An Act authorizing the town of Gardner to incur nhnj) 87 

INDEBTEDNESS FOR SEWERAGE PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purposes stated in chapter sixty-four Townof Gard- 
of the acts of eighteen hundred and ninety, as amended, the indebtedness 
town of Gardner may, from time to time, borrow such sums pjrrwlls^^ 
as may be necessary not exceeding, in the aggregate, one 
hundred thousand dollars in addition to the amounts previ- 
ously authorized and may issue bonds or notes therefor 
which shall bear on their face the words, Gardner Sewer Gardner Sewer 
Loan, Act of 1921. Each authorized issue shall constitute a mi.' 
separate loan. Indebtedness incurred under this act shall be 
in excess of the statutory limit but shall otherwise be subject 
to chapter forty-four of the General Laws, 

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

Approved March 10, 1921. 

An Act authorizing the county of Suffolk to pension QJidj) gg 

FLORA M. PARRISH. 

Be it enacted, etc., as follows: 

Section 1. Flora M. Parrish, for twenty-five years a County of 
faithful clerical assistant in the office of the clerk of the pension Fbra 
superior court for ci\'il business for the county of Suffolk, ^- p^^'^*^- 
shall at her request and with the approval of the chief justice 
of said court, be retired on a pension, payable by said county 
in monthly instalments, equal to one half the annual com- 
pensation received by her in said capacity at the time of her 
retirement. 

Section 2. This act shall take effect upon its acceptance To be sub- 
by the city council of the city of Boston, subject to the pro- Boston city 
visions of its charter, provided that such acceptance occurs p^^^jg^ **"■ 
prior to December thirty-first in the current year. 

Approved March 10, 1921. 

An Act relative to the sale of paper bags or sacks Qfiav, 89 
used in the sale of coke, charcoal and kindling 

WOOD, 

Be it enacted, etc., as follows: 

Section 1. Section two hundred and forty-three of chap- g. l. 94, § 243, 
ter ninety-four of the General Laws is hereby amended by ^^^ended. 
adding at the end thereof the words: — Whoever himself or 



74 



Acts, 1921. — Chap. 89. 



Paper bags, 
etc., used in 
sale of coke, 
etc., regulated. 



Penalty for 
sale of bags, 
etc., not con- 
forming to 
requirements. 



G. L. 94, § 248, 
amended. 



Penalty for 
certain offences 
in connection 
with sale of 
coal, coke, 
charcoal and 
kindling wood. 



Enforcement 
of the laws. 



by his servant or agent or as the servant or agent of another 
sells or offers for sale a paper bag or sack to be used in the 
sale of coke, charcoal or kindling wood by measure which 
does not conform in every particular to the requirements of 
this section shall be punished by a fine of not more than one 
hundred dollars, — so as to read as follows : — Section 243. 
Paper bags or sacks used or intended to be used in the sale 
of coke, charcoal or kindling wood by measure shall be not 
less than twenty-five inches in height, not less than thirteen 
and one half inches in width, and the bottoms shall not be 
less than four and three quarters inches wide. They shall 
be filled to a point not more than six inches from the upper 
end. Bags of unpacked kindling wood or of coke or charcoal 
sold or offered for sale by measure shall contain, and shall be 
sold as containing, one half bushel, Massachusetts standard 
dry measure. Bags and sacks shall be plainly marked with 
the name and business address of the person putting up the 
same, and the words "one half bushel" in bold, uncondensed, 
capital letters at least one inch in height. Whoever himself 
or by his servant or agent or as the servant or agent of 
another sells or offers for sale a paper bag or sack to be used 
in the sale of coke, charcoal or kindling wood by measure 
which does not conform in every particular to the require- 
ments of this section shall be punished by a fine of not more 
than one hundred dollars. 

Section 2. Section two hundred and forty-eight of said 
chapter ninety-four is hereby amended by inserting after 
the word "inclusive", in the second line, the words: — , ex- 
cept as otherwise provided therein, — so as to read as fol- 
lows : — Section 2^8. Whoever violates any provision of 
sections two hundred and forty to two hundred and forty- 
seven, inclusive, except as otherwise provided therein, or 
fails to comply with any request for information or direction 
made under authority of sections tAvo hundred and forty, 
two hundred and forty-one, two hundred and forty-four to 
two hundred and forty-six, inclusive, or gives a false answer 
to any such request, shall be punished by a fine of not more 
than fifty dollars; and whoever is guilty of fraud or deceit 
as to the weighing, selling or delivering of coke, charcoal or 
coal, shall be punished by a fine of not more than one hun- 
dred dollars. The director of standards and local sealers of 
weights and measures shall cause sections two hundred and 
forty-two, two hundred and forty-three and two hundred 
and forty-seven to be enforced, and said local sealers shall 



Acts, 1921. — Chaps. 90, 91, 92. 75 

cause sections two hundred and forty, two hundred and 
forty-one, two hundred and forty-four to two hundred and 
forty-six, inclusive, to be enforced. 

Apyromd March 10, 1921. 



An Act relative to the release of wild birds or Chap. 90 

ANIMALS. 

Be it enacted, etc., as follows: 

Chapter one hundred and thirty-one of the General Laws g. l. 131, 
is hereby amended by inserting after section eighty-two afterT82°" 
the following new section: — Section 82 A. No person shall Release of wild 
liberate any propagated wild birds or quadrupeds, other mais'restricted. 
than live decoys, without first obtaining a permit therefor 
from the director. No person shall liberate any sick or dis- 
eased birds or quadrupeds at any time. Violation of this Penalty. 
section shall be punished by a fine of not less than ten nor 
more than one hundred dollars for each bird or quadruped 
liberated. Approved March 10, 1921. 



An Act relative to the old colony mutual relief Qfiap, 91 

ASSOCIATION. 

Be it enacted, etc., as follows: 

The Old Colony Mutual Relief Association is hereby au- oid Coiony 
thorized to retain as members all persons who were carried As'^ocfatSn,'*'^ 
on its rolls as members prior to July first, nineteen hundred ^embership, 
and twenty, and the said association shall be held and con- 
sidered a fraternal benefit society. 

Approved March 10, 1921. 



An Act authorizing the department of education Chap. 92 

TO GRANT DEGREES IN EDUCATION. 

Be it enacted, etc., as follows: 

Chapter seventy-three of the General Laws is hereby o. l. 73, new 
amended by adding at the end thereof the following new |^q'°'^'' 
section: — Section 7. The department may grant the de- Department of 
gree of Bachelor of Education to any person completing a granfdegr^^ 
four-year course in a Massachusetts state normal school. *" education. 

Approved March 10, 1921. 



76 



Acts, 1921. — Chap. 93. 



Chap. 93 An Act relative to the form of the general regis- 
ter AND STREET LISTS OF VOTERS IN THE CITY OF BOS- 
TON, 

Be it enacted, etc., as follows: 

Section 1. Chapter eight hundred and thirty-five of the 
acts of nineteen hundred and thirteen is hereby amended by 
striking out section eighty-two and inserting in place thereof 
the following: — Section 82. Said board shall prepare books 
for the registration of the voters, and the books so prepared 
shall constitute the general register of voters in said city. 
Said books shall be in substantially the following form : — 



1913, 835, § 82. 
amended. 



Books for reg- 
istration of 
voters in 
city of Boston 
to be prepared, 
etc. 



Form. 



.Street. 
12. 



c: 


nee or 
nation, 
e Year 
an. 






a 

T3 




2. 




1. 


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1. 


Personal 
Description. 


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■5-I-1 






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an 

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6 

a 


6 

u 

a 
a 


■So 


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1 


o 

C8 


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Under the several headings, there shall be entered as fol- 
lows : — 

One, The day, month and year when the applicant is ad- 
judged a qualified voter. 

Two, The name of the applicant and the number on the 
street, place or other location of his or her dwelling on that 
day, or if there is no number, such clear and definite descrip- 
tion of the place of said dwelling that it can be readily ascer- 
tained; if more than one family resides in said dwelling, the 
floor on which the applicant resides; and if there is more than 
one house at the number given by the applicant, in which 
one of them he or she resides. 

Three, The full surname and the Christian name of the 
applicant, or the name by which he or she is generally known, 
and the initial of every other name which he or she may 
have. 

Four, The applicant shall write his or her name on a line 
with the statements herein set forth. 



Acts, 1921. — Chap. 93. 



77 



Five, The number of months or years which the appUcant Form 
states that he or she has Hved in said city. 

Six, A full statement of his or her occupation. 

Seven, The place of his or her occupation. 

Eight, The name of the city or town, county and state, 
country, kingdom, empire or dominion where he or she was 
born. 

Nine, The designation of the court where the applicant, 
if he or she was an alien, was naturalized. 

Ten, The date of such naturalization. 

Eleven, The age and approximate height of the appli- 
cant. 

Twelve, The residence of the applicant at the date of reg- 
istration. 

The names of all voters residing in the same dwelling shall 
be placed together. 

Section 2. Section eighty-five of said chapter eight hun- 
dred and thirty-five, as amended by section seven of chapter 
two hundred and sixty-nine of the General Acts of nineteen 
hundred and nineteen, is hereby further amended by striking 
out in the form the word "Weight", so as to read as follows: 
— Section 85. Said board shall after the close of registra- ,str^t '.'f tf.°f 
tion and before the biennial state election and in odd num- 
bered years before the annual city election, make, by pre- 
cincts, from the annual register, street lists of the voters to 
be used as the voting lists at elections. Each list shall con- 
tain not less than two hundred names, and names shall be 
added to or taken therefrom, as persons are found qualified 
or not qualified to vote. Said lists shall be in the following 
form : — Form 

. ■ St.rfiet. 



1913, 835, § 85, 
etc., amended. 



voters in city 
of Boston 
to be made. 





Name of Voter. 


Residence, Number, 

or Other Desig- 
nation, April 1, of the 
Year of Election. 


Length of 
Residence in City. 


Personal 
Descrip- 
tion. 




< 


5 















Approved March 10, 1921. 



78 



Acts, 1921. — Chaps. 94, 95. 



Chap. 94 An Act relative to the use of labels on loaves of 

BREAD. 

Be it enacted, etc., as follows: 

Section eight of chapter ninety-four of the General Laws 
is hereby amended by striking out the last sentence and in- 
serting in place thereof the following: — No label, attached 
to an unwrapped loaf, shall be larger than provided herein, 
nor shall any such label be affixed in any manner or witR 
any gum or paste which is unsanitary or unwholesome. 

Approved March 10, 1921. 



G. L. 94, § 8, 
amended. 



Use of labels 
on loaves of 
bread. 



Chap. 95 An Act relative to the sale of coal and coke. 
Be it enacted, etc., as follows: 



G. L. 94, § 241. 
amended. 



Sale of coal, 
coke and char- 
coal in bags 
and baskets. 



G. L. 94, § 240, 
amended. 



Coal and coke 
sold by weight, 
when. 



Section 1. Section two hundred and forty-one of chap- 
ter ninety-four of the General Laws is hereby amended by 
striking out, in the first, second and third lines, the words 
"less than one hundred pounds shall be sold by weight, 
and coke in quantities of less than one hundred pounds", 
and inserting in place thereof the following: — one hundred 
pounds or less shall be sold by weight, and coke in quantities 
of one hundred pounds or less, — so as to read as follows: — 
Section 2Jfl. Coal in quantities of one hundred pounds or 
less shall be sold by weight, and coke in quantities of one 
hundred pounds or less and charcoal in any quantities shall 
be sold by weight or measure, in bags or baskets, and until 
delivered shall be kept in the same bags or baskets in which 
they were weighed or measured; and coal, coke and charcoal 
thus sold shall be exempt from section two hundred and 
forty-four. When sold by weight, such bags or baskets shall 
be plainly marked with the name of the person who puts up 
the same and with the weight of the coal, coke or charcoal 
therein in letters and numerals, respectively, of bold uncon- 
densed type at least one inch in height. 

Section 2. Section two hundred and forty of said chap- 
ter ninety-four is hereby amended by striking out the last 
sentence and inserting in place thereof the following: — Coke 
sold in quantities of more than one hundred pounds shall be 
sold only by weight, — so as to read as follows: — Section 
2Jfi. Coal shall be sold by weight, and, except when sold 



Acts, 1921. — Chaps. 96, 97. 79 

by cargo, two thousand pounds avoirdupois shall be the 
standard for the ton. Coke sold in quantities of more than 
one hundred pounds shall be sold only by weight. 

Approved March 10, 1921. 



An Act relative to the boston and Gloucester con- Chap. 96 

STRUCTION COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The corporation heretofore known as the Boston and 
Boston and Gloucester Construction Company is hereby re- CoMtruction 
vived and continued for the term of six months from the ^XedXr 
passage of this act for the purpose of disposing of its remain- certain pur- 
ing assets, to wit: a certain parcel of land near the corner 
of Seaver and Harold streets in Boston, discharging mu- 
nicipal liens and other incumbrances thereon, if any, and 
executing and delivering a deed thereof to any person who 
may purchase the same. 

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

Approved March 12, 1921. 



An Act authorizing the town of sharon to borrow Chap. 97 

MONEY FOR A GRAMMAR SCHOOL BUILDING. 

Be it enacted, etc., as follows: 

Section 1. For the pm-pose of acquiring land for and Jhrronmay 
the construction of a grammar school building, and for the ho"ow money 

, „ . . , ° . ^ 1 1. • 1 • P -1 for a grammar 

purchase or original equipment and lurmshmgs tor said school building. 
building, the town of Sharon may borrow from time to time 
such sums as may be necessary not exceeding, in the aggre- 
gate, twenty-five thousand dollars, and may issue notes or 
bonds therefor, which shall bear on their face the words, 
Sharon School Loan, Act of 1921. Each authorized issue sharon School 
shall constitute a separate loan. Indebtedness incurred ^°^^'-^^^'^^ 
under tliis act shall be in excess of the statutory limit but 
shall otherwise be subject to chapter forty-four of the Gen- 
eral Laws. 
Section 2. This act shall take effect upon its passage. 

Approved March 12, 1921. 



80 



Acts, 1921. — Chaps. 98, 99. 



Chap. 98 An Act authorizing the city of fall river to borrow 

MONEY FOR CONSOLIDATING ITS HOSPITALS AND FOR ES- 
TABLISHING CERTAIN EQUIPMENT PLANTS FOR THEIR 
JOINT USE. 



City of Fall 
River may 
borrow money 
for consolidat- 
ing its hospi- 
tals, etc. 



Fall River 
Hospital Con- 
solidation 
Loan, Act of 
1921. 



Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing, uniting, 
and consolidating its municipal hospitals now existing or 
hereafter to be built, including its contagious, general, and 
tuberculosis hospitals, and for establishing for their joint 
use, common heating, laundry, garage, kitchen and admin- 
istrative buildings, and such other buildings, facilities and 
equipment as may be found necessary, on any land now be- 
longing to the city of Fall River and authorized to be used 
for hospital purposes or any additional land which may be 
acquired by it, the city of Fall River may from time to time 
borrow such sums as may be necessary not exceeding, in the 
aggregate, three hundred thousand dollars in addition to any 
sums heretofore authorized on account of said hospitals, and 
may issue notes or bonds therefor which shall bear on their 
face the words. Fall River Hospital Consolidation Loan, Act 
of 1921. Each authorized issue shall constitute a separate 
loan. Indebtedness incurred under this act shall be in excess 
of the statutory limit, but shall otherwise be subject to chap- 
ter forty-four of the General Laws. 

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

Approved March 12, 1921. 



Chap. 99 An Act authorizing the city of malden to incur in- 
debtedness FOR sidewalk construction. 



City of Maiden 
may incur 
indebtedness 
for sidewalk 
construction. 



Maiden Side- 
walk Loan, 
Act of 1921. 



Be it enacted, etc., as follows: 

Section 1. For the purpose of the construction of side- 
walks of brick, stone, concrete or other material of similar 
lasting character, the city of Maiden may from time to time 
borrow such sums as may be necessary not exceeding, in the 
aggregate, one hundred and fifty thousand dollars, and may 
issue bonds or notes therefor which shall bear on their face 
the words. Maiden Sidewalk Loan, Act of 1921. Each au- 
thorized issue shall constitute a separate loan which shall be 
paid within five years from its date. Indebtedness incurred 
under this act shall be in excess of the statutory limit but 



Acts, 1921.— Chaps. 100, 101. 81 

shall otherwise be subject to the provisions of chapter forty- 
four of the General Laws. 
Section 2. This act shall take effect upon its passage. 

Approved March 12, 1921. 



An Act authorizing the city of pittsfield to make C/iap.lOO 

AN additional LOAN FOR STREET GRADING AND PAV- 
ING. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of carrying out the provi- gew ma^* m^ake 
sions of chapter two hundred and fifty-three of the Special an additional 
Acts of nineteen hundred and sixteen, as amended by chapter grading and 
three hundred and forty-three of said Special Acts, the city p*^*°^' 
of Pittsfield may borrow, in excess of the statutory limit of 
indebtedness, the further sum of two hundred thousand dol- 
lars, and may issue bonds or notes therefor, which shall bear 
on their face the words, Pittsfield Paving Loan, Act of 1921, Pittsfield 
and shall be issued subject to the provisions of said chapter Act of 1921. 
two hundred and fifty-three, as amended, except that the 
rate of interest shall be fixed in accordance with section 
twenty-two of chapter forty-four of the General Laws. 

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

Approved March 12, 1921. 



An Act authorizing the city of malden to incur in- QJkij) \q\ 
debtedness for permanent street paving. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of the construction of stone, city of Maiden 
block, brick, or other permanent pavement of similar lasting hJdebTeTness 
character, and for the original construction of streets or high- Sr^r^vS 
ways or the extension or widening of streets or highways, in- 
cluding land damages and the cost of pavement and sidewalks 
laid at the time of said construction, the city of ISIalden 
may, from time to time, borrow such sums as may be neces- 
sary not exceeding, in the aggregate, six hundred thousand 
dollars, and may issue bonds or notes therefor which shall 
bear on their face the words, Maiden Paving Loan, Act of K^aK''^ 
1921. Each authorized issue shall constitute a separate loan i92i. 
which shall be paid within ten years from its date. Indebted- 
ness incurred under this act shall be in excess of the statutory 



82 



Acts, 1921. — Chap. 102. 



limit but shall otherwise be subject to the provisions of 
chapter forty-four of the General Laws. 
Section 2. This act shall take effect upon its passage. 

Approved March 12, 1921. 



Emergency 
preamble. 



Chap. 102 An Act relative to selectmen acting as registrars 

OF VOTERS IN SMALL TOWNS. 

Whereas, The deferred operation of this act would tend to 
defeat its purpose, which is to avoid the trouble and expense, 
in a small town, of creating a separate board of registrars of 
voters when the number of registered voters is increased to 
more than three hundred by the registration of women, 
therefore, it is declared to be an emergency law, necessary 
for the immediate preservation of the public convenience. 



G. L. 51, § 15, 
amended. 

Registrars of 
voters in 
certain cities 
and towns, 
appointment, 
term of office, 
etc. 



G. L. 51, § 16, 
amended. 

Registrars of 
voters in small 
towns. 



Be it enacted, etc., as follows: 

Section 1. Chapter fifty-one of the General Laws is 
hereby amended by striking out section fifteen and inserting 
in place thereof the following: — Section 15. Except as pro- 
vided in sections sixteen and seventeen, there shall be in 
every city, except Boston and Lowell, and in every town a 
board of registrars of voters consisting of the city or town 
clerk and three other persons who shall, in a city, be appointed 
by the mayor, with the approval of the aldermen, and in a 
town, by a writing signed by the selectmen and filed with the 
town clerk. When a board of registrars is first appointed, 
the registrars shall be appointed in February or March for 
terms respectively of one, two and three years, beginning 
with April first following. In February or March in every 
year after the original appointment, one registrar shall be 
appointed for the term of three years, beginning with April 
first following. 

Section 2. Said chapter fifty-one of the General Laws 
is hereby further amended by striking out section sixteen and 
inserting in place thereof the following: — Sectio7i 16. In 
every town having less than six hundred voters registered for 
the biennial state election, the selectmen and the town clerk 
may, if the selectmen so vote, constitute a board of registrars 
of voters; but when six hundred voters shall be so registered, 
a board of registrars shall in the following year be appointed 
as provided in the preceding section, and shall continue to 
perform the duties of registration until the number of voters 
so registered for two successive biennial state elections shall 
be less than six hundred, whereupon, on April first following 



Acts, 1921. — Chaps. 103, 104, 105. 83 

such second biennial state election, if the selectmen so vote, 
such board shall cease to exist and thereafter the selectmen 
and town clerk shall constitute a board of registrars of voters. 

Approved March 12, 1921. 

An Act authorizing the county of Suffolk to pension Chav.lOZ 

GEORGE A. HOLMES. 

Be it enacted, etc., as follows: 
Section 1. The county of Suffolk may retire George A. Suffolk county 

TTi PT-» ii'oiTii • i-ii- may pension 

Holmes or Boston, a clerk ni Suiiolk registry or deeds smce George a. 
eighteen hundred and fifty-seven, on an annual pension of 
four hundred and eighty dollars, payable monthly. 

Section 2. This act shall take effect upon its acceptance To be sub- 
by the city council of the city of Boston, subject to the pro- council o°f *"*^^ 
visions of its charter, provided that such acceptance occurs ^°^*'?°' ®'*'- 

T-v 1 1 • n • 1 Proviso. 

prior to December thirty-nrst m the current year. 

Approved March 12, 1921. 

An Act relative to permits for the construction and (Jjidj) X04 
maintenance of certain tanks. 

Be it enacted, etc., as follows: 

Section fifty-four of chapter one hundred and forty-eight Q- l. hs, § 54, 
of the General Laws is hereby amended by striking out, in 
the fifth Hue, the word "marshal", and inserting in place 
thereof the word : — commissioner, — so as to read as fol- 
lows: — Section 54- No person shall construct, maintain Permits for 

,1 , . n , 1 , , 1 1 construction 

or use any tank or container 01 more than ten thousand and mainte- 
gallons capacity, unless constructed principally of wood, for cer'tain°tanks. 
the storage of any fluid other than water, unless the same is 
underground, without first securing a permit therefor from 
the commissioner. Whoever \aolates tliis section or a rule Penalty. 
or regulation made under the following section shall be 
punished by a fine of not less than fifty nor more than one 
thousand dollars. Approved March 12, 1921. 

An Act authorizing the Norfolk county law library (JJkij) ^05 
association to purchase and deposit law books in 
the law library of the municipal court of brook- 
LINE. 

Be it enacted, etc., as folloios: 

The Norfolk County Law Library Association, a corpora- Norfolk 
tion established under general law, may expend from the L^bl-ar^A^^ 



84 



Acts, 1921. — Chap. 106. 



purlhasTand fuHcls HOW in its posscssion a sum not exceeding five hundred 
&s1nirw dollars for the purchase of law books to be deposited in the 
library of Jaw library of the municipal court of Brookline; and may. 

municipal court . ^ ^ . i i i i ■^•^'^■^ "^"j > 

of Brookline. lu the year mneteen hundred and twenty-two and in each 
year thereafter, expend from funds then in its possession, a 
sum not exceeding five hundred dollars for the same pur- 
pose. Approved March 12, 1921. 



G. L. 101, § 1, 
amended. 



Chap. 10% An Act relative to transient vendors. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and one 
of the General Laws is hereby amended by striking out all 
after the word "merchandise", in the fifth line, and also by 
adding the following new paragraph : — " Temporary or 
transient business" for the purposes of this chapter shall 
mean and include any exhibition and sale of goods, wares or 
merchandise which is carried on in any tent, booth, building 
or other structure, unless such place is open for business 
during usual business hours for a period of at least ten months 
in each year, — so as to read as follows: — Section 1. "Tran- 
sient vendor" for the purposes of this chapter shall mean 
and include any person, either principal or agent, who en- 
gages in a temporary or transient business in the common- 
wealth, either in one locality or in traveling from place to 
place selling goods, wares or merchandise. 

"Temporary or transient business" for the purposes of 
this chapter shall mean and include any exhibition and sale 
of goods, wares or merchandise which is carried on in any 
tent, booth, building or other structure, unless such place is 
open for business during usual business hours for a period 
of at least ten months in each year. 

Section 2, Section two of said chapter one hundred and 
one is hereby amended by adding at the end thereof the fol- 
lowing: — No transient vendor shall be relieved or exempted 
from the pro\isions and requirements of this chapter relative 
to transient vendors by reason of associating himself tempo- 
rarily with any local dealer, trader or merchant, or by con- 
ducting such temporary or transient business in connection 
with or as a part of the business of, or in the name of any 
local dealer, trader or merchant, — so as to read as follows: 
JiuJn of the"* — Section 2. The provisions of this chapter relative to 
[^w^^ebtive to transient vendors shall not apply to sales by commercial 
vendors. travelers or by selling agents to dealers in the usual course 



" Transient 
vendor ", 
term defined. 



"Temporary 
or transient 
business", 
term defined. 



G, L. 101, § 2. 
amended. 



Acts, 1921. — Chap. 107. 85 

of business, or to bona fide sales of goods, wares or mer- 
chandise by sample for future delivery, or to sales of goods, 
wares or merchandise by any person, whether principal or 
agent, who engages in temporary or transient business in 
any town in which he has paid taxes upon his stock in trade 
during the current year, or to hawkers and pedlers as de- 
fined in section thirteen, nor shall they affect the right of 
any town to pass ordinances or by-laws authorized by law 
relative to transient vendors. No transient vendor shall be 
relieved or exempted from the provisions and requirements 
of this chapter relative to transient vendors by reason of 
associating himself temporarily with any local dealer, trader 
or merchant, or by conducting such temporary or transient 
business in connection with or as a part of the business of, 
or in the name of any local dealer, trader or merchant. 

Approved March 12, 1921. 

An Act authorizing the governor to proclaim a close Chap.107 

SEASON for game IN TIMES OF DROUTH. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and thirty-one of the g. l isi. § 29. 
General Laws is hereby amended by striking out section 
twenty-nine and inserting in place thereof the folloAAing: — 
Section 29. Whenever, during an open season for the hunt- Governor may 
ing of any kind of game, it shall appear to the governor that llll^nlovllme 
by reason of extreme drouth the use of firearms is likely to d"roith!^°^ 
cause forest fires, he may, by proclamation, suspend the 
open season and make it a close season for the shooting of 
birds and wild animals of every kind for such time as he 
may designate, and may prohibit the discharge of firearms 
on or near forest land during the said time; pro^^ded that Proviso, 
the governor, by proclamation, may extend such open season 
on pheasants, partridges, woodcock, quail and squirrels for 
a period equivalent to the time of such suspension or for a 
shorter time, as soon as the forest shall be deemed free from 
danger by fire, but the open season on woodcock shall not 
be extended beyond the time established by federal law as 
the end of the open season on woodcock in this common- 
wealth. 

Section 2. Said chapter one hundred and thirty-one is Jniidil* ^ ^°' 
hereby further amended by striking out section thirty and 
inserting in place thereof the following: — Section 30. During Penalty for 
a close season proclaimed as aforesaid, all laws relating to the pr^y?ng ** 



86 



Acts, 1921. — Chaps. 108, 109. 



close season shall be in force, and whoever violates any pro- 
vision thereof shall be subject to the penalty prescribed 
therefor. Wlioever, during a close season so proclaimed, 
discharges a firearm on or near forest land, or shoots any 
wild animal or bird, as to which there is no close season 
otherwise provided by law, shall be punished by a fine of 
not more than one hundred dollars. 

Approved March 12, 1921. 



1919, 185 fS), 
amended. 



C/iap. 108 An Act to change the date of the annual report of 

THE board of trustees OF THE BOSTON ELEVATED RAIL- 
WAY COMPANY. 

Be it enacted, etc., as follows: 

Chapter one hundred and eighty-five of the Special Acts 
of nineteen hundred and nineteen is hereby amended by 
striking out, in the fom-th line, the words "the fifteenth day 
of January", and inserting in place thereof the words: — 
February first, — and by striking out, in the seventh line, 
the word "first", and inserting in place thereof the word: — 
thirty-first, — so as to read as follows: — The board of 
trustees of the Boston Elevated Railway Company, created 



Annual report 
of board of 
trustees of 

vafed^Raiiway uudcr chapter oiic liuudred and fifty-nine of the Special Acts 
Company. ^^ nineteen hundred and eighteen, shall, on or before Febru- 
ary first in each year, make a report to the general court of 
its proceedings during the preceding year, together with a 
statement of the financial condition as of December thirty- 
first of the preceding year, and the results of operation, of 
the system under its control, and such other information 
and comments relative thereto as the board may deem proper. 

Approved March 12, 1921. 



Chap. 109 An Act exempting certain buildings in the city of 

BOSTON FROM THE LAWS RELATIVE TO FIRE PROTECTION 
in STABLES FOR HORSES AND MULES. 

Be it enacted, etc., as follows: 

The existing buildings upon premises numbered forty-nine 
on North Margin street, in Boston, shall be exempt from the 
provisions of section eighty-six of chapter two hundred and 
seventy-two of the General Laws; provided that such build- 
ings continue to be equipped with a line of fire hose on each 
floor above the first, to be used for fire purposes only, suffi- 
cient to reach all parts of said floor and connected with a 



Certain build- 
ings in city 
of Boston 
exempted from 
laws relative 
to fire protec- 
tion in stables 
for horses and 
mules. 
Provisos. 



Acts, 1921. — Chaps. 110, 111. 87 

fire supply pipe on each such floor, and provided that at 
least one man shall be on duty at such buildings at all times 
during the day and night. Approved March 12, 1921. 

An Act relative to the board of survey in the city (JJiav HO 

OF MALDEN. 

Be it enacted, etc., as follows: 

Section 1. The street and water commission of the city street and 
of Maiden established under chapter one hundred and fifty- ^on^/^it;^'^' 
two of the acts of nineteen hundred and six shall be the board be boird"of° 
of survey of said city and shall have and exercise all the ^^^^vey, etc. 
powers and duties conferred or imposed upon boards of sur- 
vey in cities by sections seventy-three to eighty-one, in- 
clusive, of chapter forty-one of the General Laws or by any 
other provision of law. 

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 councii.^etc!**' 
its charter, provided that such acceptance occurs prior to proviso. 
December thirty-first in the current year. 

Approved March 12, 1921. 

An Act to change the harbor line in boston harbor Qjidr, \\\ 

ON THE southerly AND EASTERLY SIDES OF EAST BOS- 
TON. 

Be it enacted, etc., as follows: 
Section 1. The harbor lines on the northerlv side of |rf ^^A? r"""^"" 

'■ lines in Jioston 

Boston harbor are hereby changed and established as fol- '^^'j'^°'^t?uf"Pj 
lows: — The locations of the angle points in said lines are 
fixed by distances, hereinafter called longitude, in feet from 
a meridian passing through the center of the apex of the 
dome of the state house in Boston, and bj' distances, herein- 
after called latitudes, in feet from a line at right angles to 
said meridian and passing through the said center of the 
apex of the state house dome, and the bearings refer to the 
true meridian passing through center of said apex. 

Beginning at the point I of the harbor line established by 
chapter forty-eight of the acts of eighteen hundred and 
eighty-two, in latitude one thousand six hundred and forty- 
eight and four tenths feet north and longitude six thousand 
nine hundred and twenty-four and four tenths feet east; 
thence seven thousand six hundred feet south, sixty-one de- 
grees, two minutes, thirty-one and six tenths seconds east to 



88 Acts, 1921.— Chap. 111. 

Certain harbor point K at OF near the westerly shore of Governors Island in 

lines m Boston , • i i i i i • 11 

harbor changed latitude two thousand and thirty-one and three tenths feet 
south and longitude thirteen thousand five hundred and 
seventy-four and two tenths feet east; thence four hundred 
and seventy-one and two tenths feet south, ten degrees, 
twenty-two minutes, fourteen and four tenths seconds 
east to point K in latitude two thousand four hundred 
and ninety-four and eight tenths feet south and longitude 
thirteen thousand six hundred and fifty-nine feet east ; thence 
four thousand two hundred and three and eight tenths feet 
south, forty-nine degrees, thirty-two minutes, forty-nine and 
two tenths seconds east to point L in latitude five thousand 
two hundred and twenty-three feet south and longitude six- 
teen thousand eight hundred and fifty-eight feet east; thence 
three thousand five hundred feet south, seventy-four de- 
grees east to point M in latitude six thousand one hundred 
and eighty-seven and eight tenths feet south and longitude 
twenty thousand two hundred and twenty-two and five 
tenths feet east; thence one thousand eight hundred and 
forty-six and six tenths feet north, nineteen degrees east to 
point N in latitude four thousand four hundred and forty-one 
and eight tenths feet south and longitude twenty thousand 
eight hundred and twenty-three and six tenths feet east; 
thence nine thousand nine hundred and thirty-four and two 
tenths feet north, forty-nine degrees, fourteen minutes, fifty- 
five seconds west to point O in latitude two thousand and 
forty-three and one tenth feet north and longitude thirteen 
thousand two hundred and ninety-eight feet east; thence 
one thousand feet north, forty degrees, forty -five minutes, 
five seconds east to point P in latitude two thousand eight 
hundred and six tenths feet north and longitude thirteen 
thousand nine hundred and fifty and eight tenths feet east; 
thence seven thousand six hundred feet south, forty -nine de- 
grees, fourteen minutes, fifty-five seconds east to point Q 
in latitude two thousand one hundred and sixty and five 
tenths feet south and longitude nineteen thousand seven 
hundred and eight and one tenth feet east; thence one thou- 
sand seven hundred and ninety-nine and nine tenths feet 
south, seventy-four degrees east to point S in latitude two 
thousand six hundred and fifty-six and six tenths feet south 
and longitude twenty-one thousand four hundred and thirty- 
eight and three tenths feet east; thence two thousand three 
hundred feet north, nineteen degrees east to point T in lati- 
tude four hundred and eighty-one and nine tenths feet south 



Acts, 1921. — Chap. 112. 89 

and longitude twenty-two thousand one hundred and eighty- Certain harbor 
seven and one tenth feet east; thence four thousand six harto"ch^n^rd 
hundred and forty-eight and five tenths feet north, forty- a^d established. 
nine degrees, fourteen minutes, fifty-five seconds west to 
point U in latitude two thousand five hundred and fifty- 
two and five tenths feet north and longitude eighteen thou- 
sand six hundred and sixty -five and seven tenths feet east; 
thence five thousand one hundred and eighty-one and six 
tenths feet north, fifty-nine degrees, thirty-seven minutes, 
fifty-five seconds west to point V in latitude five thousand 
one hundred and seventy-two feet north and longitude four- 
teen thousand one hundred and ninety-five and one tenth feet 
east; thence three hundred and fourteen and one tenth feet 
north, twenty-one degrees, six minutes, four and three tenths 
seconds east to point R in the harbor line established by 
chapter two hundred and ninety-tlu-ee of the acts of eighteen 
hundred and fifty-six in latitude five thousand four hundred 
and sixty-five feet north and longitude fourteen thousand 
three hundred and eight and two tenths feet east. 

Section 2. The harbor line established by chapter tlu-ee Harbor line. 
hundred and thirtv-four of the Special Acts of nineteen hun- LTaSed, 
dred and fifteen is hereby abohshed. '^''°''^'^"^- 

Approved March 12, 1921. 

An Act relative to the disposition of motor vehicle Qfidj) \\2 

FEES AND FINES AND TO APPROPRIATIONS FOR THE COM- 
MONWEALTH'S SHARE OF THE EXPENSE OF MAINTENANCE 
OF BOULEVARDS IN THE METROPOLITAN DISTRICT. 

Whereas, It is important that this act take effect before Emergency 
the passage of the general appropriation bill, therefore, it is p'"^™''^^- 
hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter ninety of the General Laws is g. l. 90, § 34, 
hereby amended by striking out section thirty-four and in- ^'^'"'^^'^■ 
serting in place thereof the following: — Sec/ion 34. The Disposition of 
fees and fines received under the preceding sections, together f'^e°s°andtS. 
with all other fees received by the registrar or any other 
person under the laws of the commonwealth relating to the 
use and operation of motor vehicles, shall be paid by the 
registrar or by the person collecting the same into the treas- 
ury of the commonwealth. Out of said fees and fines there 



90 



Acts, 1921. — Chap. 112. 



G. L. 81, § 9, 
amended. 



Reimburse- 
ment of com- 
monwealth for 
laying out of 
state highways. 



G. L. 92. ! 
amended. 



56, 



Appropriations 
for common- 
wealth's share 
of expense of 
maintaining 
boulevards, 
etc. 



shall be appropriated such amount as is necessary to carry 
out the provisions of law regulating the use of motor vehicles. 
The balance then remaining may be appropriated for expendi- 
ture under the direction of the division for maintaining, re- 
pairing, improving and constructing town and county high- 
ways together with any money which any town or county 
may appropriate for said purpose to be used on the same 
highway, and said way shall remain a town or county way; 
for expenditure under the direction of the division for main- 
taining, repairing and improving state highwaj'^s, and for 
constructing state highways to an amount not exceeding 
that part of the cost thereof which is not assessed upon the 
counties under the provisions of section nine of chapter 
eighty-one; and for meeting the commonwealth's share of 
the expenses of the metropolitan district commission for 
maintaining boulevards in the metropolitan parks district 
under section fifty-six of chapter ninety-two. 

Section 2. Section nine of chapter eighty-one of the 
General Laws is hereby amended by striking out, in the 
first, second and third lines, the words ", except money 
appropriated from motor vehicle fees and fines under sec- 
tion thirty- four of chapter ninety ", and by striking out, in 
the fourth line, the words " and sections thirteen and four- 
teen,", so as to read as follows: — Section 9. One fourth 
of any money which may be expended under any provision 
of sections four to eight, inclusive, for a highway in any 
county, with interest thereon at the rate of three per cent per 
annum, shall be repaid by said county to the commonwealth 
in such instalments and at such times within six years there- 
after as the division, with the approval of the state auditor, 
having regard to the financial condition of the county, shall 
determine. 

Section 3. Section fifty-six of chapter ninety-two of the 
General Laws is hereby amended by striking out the last 
sentence and inserting in place thereof the following: — 
The remaining half of the cost of maintenance of boulevards 
shall be annually appropriated by the general court from the 
revenue of the commonwealth received from motor vehicle 
fees and fines or from any other available source. 

Approved March 14, 1921. 



Acts, 1921. — Chap. 113. 91 



An Act to provide certain remedies relative to the (JJiaj) 113 

TAXATION OF INCOMES. 

Whereas, The deferred operation of this act would cause Emergency 
substantial inconvenience, therefore, it is hereby declared to ^^^^"^ 
be an emergency law, necessary for the immediate preserva- 
tion of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section forty-seven of chapter sixty-two of <^- ^-62, § 47, 
the General Laws is hereby amended by inserting after the 
word "business", in the sixth line, the following: — or, if 
such person claims a domicile without the commonwealth, 
by filing a complaint against the commissioner in the superior 
court for any county, — so as to read as follows: — Section Appeal from 
4?'. Any person aggrieved by the refusal of the commissioner c(^m'iss1o°ner of 
to abate in whole or in part under section forty-three a tax anTtaxatlCn 
assessed under this chapter, and who has paid his tax, may, talfiuon^^^f 
instead of pursuing the remedy pro\dded in section forty- incomes. 
five, appeal from such refusal by filing a complaint against 
the commissioner in the superior court for the county where 
such person resides or has his principal place of business, 
or, if such person claims a domicile \Wthout the common- 
wealth, by filing a complaint against the commissioner in the 
superior court for any county, AAithin thirty days after the 
notice by the commissioner of his decision in accordance "with 
section forty-three. An order of notice shall be issued by 
said court and served on the commissioner wathin such time 
as the court directs, and subsequent proceedings shall be 
conducted in accordance with sections sixty-five to sixty- 
eight, inclusive, of chapter fifty-nine. If an abatement is 
granted, the amount thereof shall be repaid to the com- 
plainant by the state treasurer, with interest at the rate of 
six per cent per annum from the time when the tax was 
paid, and costs. 

Section 2. Section forty-eight of said chapter six-ty-two g. l. 62, § 48, 
is hereby amended by inserting at the end thereof the follow- '*™^"'*®'^- 
ing: — But the word "exclusive" in this section shall not 
be construed to deprive any person of a right of action at 
law in any federal court, — so as to read as follows: — Sec- certain reme- 
tion 48. The remedies provided by sections forty-three to toTaxatfon of 
forty-seven, inclusive, shall be exclusive, whether or not the exdiSfve, etc. 



92 



Acts, 1921. — Chap. 114. 



tax is wholly illegal. But the word "exclusive" in this sec- 
tion shall not be construed to deprive any person of a right 
of action at law in any federal court. 

Approved March 15, 1921. 



Chap. 114: An Act relative to the listing of voters in the city 

OF BOSTON. 



Emergency 
preamble. 



Whereas, It is necessary that this act take effect forthwith 
in order to apply to the current listing of voters in the city 
of Boston, therefore, inasmuch as certain pro\isions thereof 
are not restricted in their operation to said city, the act is 
hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 



1917, 29 fG), 
§ 8, amended. 



Listing board 
in city of 
Boston to make 
lists of voters. 



Buildings used 
as residences 
to be desig- 
nated, etc. 



Police commis- 
sioner may take 
further time 
when necessary, 
etc. 



Be it enacted, etc., as follows: 

Section 1. Chapter twenty-nine of the General Acts of 
nineteen hundred and seventeen is hereby amended by 
striking out section eight and inserting in place thereof the 
following: — Section 8. The listing board shall, within the 
first twenty week days of April in each year, by itself or by 
police officers subject to the jurisdiction of the police com- 
missioner, visit e\'ery building in said city, and after diligent 
inquiry make true lists, arranged by streets, wards and voting 
precincts, and containing, as nearly as the board can ascer- 
tain, the name, age, occupation and residence on the first 
day of April in the current year, and the residence on the 
first day of April in the preceding year, of every person, 
twenty years of age or upwards, who is not a pauper in a 
public institution, residing in said city. Said board shall 
designate in the said lists all buildings used as residences by 
such persons, in their order on the street where they are 
situated, by gi\ing the number or other definite description 
of every such building so that it can readily be identified, 
and shall place opposite the number or other description of 
every such building the name, age and occupation of every 
such person residing therein on the first day of April in the 
current year, and residence on the first day of April in the 
preceding year. If in any year the police commissioner shall 
believe it to be impracticable, because of any public exigency 
requiring unusual ser\ice from the police force of the city, 
to complete within the first twenty week days of April the 
said visitation, and to transmit to the election commissioners 



Acts, 1921. — Chap. 114. 93 

on or before the twenty-fifth day of May the Hsts described 
in this section, he shall have authority, after having given 
notice in writing to the fisting board and to the board of 
election commissioners of the city, to take such further time 
for the said visitation and transmission, not exceeding ten 
week days, as he shall deem necessary. 

The board shall place in the fists made by it,' opposite the Names of in- 
name of every such person, the name of the inmate, owner g^™n °etc^° ^^ 
or occupant of the building, or the name and residence of 
any other person who gives the information relating to such 
person. Where such information is given by one person re- 
lating to more than one such person residing in one building, 
ditto marks may be used in the lists under the name of the 
person giving the information, after his name has once been 
placed opposite the name of such person first written down 
as residing in such building. 

The board shall, upon the personal application of a person To correct 
listed for the correction of any error in their lists or whenever etc""^^ *" ''^*^' 
informed of any such error, make due investigation, and 
upon proof thereof correct the same on their lists, and shall 
immediately notify the election commissioners of such cor- 
rection, who shall correct their copies of said lists accordingly 
and proceed to revise and correct the registers under the pro- 
visions of section thirty-eight of chapter fifty-one of the 
General Laws. The board shall cause all applications and 
affidavits received by it under this section to be preserved 
for two years. 

Section 2. Section nine of said chapter twenty-nine is 1917, 29 (G), 
hereby amended by striking out, in the first line, the word ^ ^' ^°^®°'*^- 
"eighteenth", and inserting in place thereof the word: — 
twenty-fifth, — by striking out, in the second line, the word 
"April", and inserting in place thereof the word: — May, 
— and by striking out, in the seventh fine, the word "male", 
so as to read as follows : — Section 9. The board shall, on Listing board 
or before the twenty-fifth day of May in each year, transmit Boston to 
to the election commissioners certified copies of those parts ofStVeiec^-^ 
of the lists prepared as provided in the preceding section, gionere^eTcl^' 
containing the name, age, occupation and residence on the 
first day of April in the current year, and the residence on 
the first day of April in the preceding year, of every person, 
twenty years of age or upwards, residing in said city, and 
shall promptly transmit to the election commissioners notice 
of every addition to and correction in the lists made by it. 
The board shall furnish all information in its possession neces- 



94 



Acts, 1921. — Chap. 114. 



1917, 29 (G), 
§ 10, amended. 



Listing board 
in city of 
Boston to pre- 
pare printed 
copies of lists, 
etc. 



1917, 29 (G), 
I 11, etc., 
amended. 



Listing of 
persons in city 
of Boston not 
previously 
listed. 



Certain persons 
desiring to be 
listed to pre- 
sent a state- 
ment in 
writing, etc. 



Election com- 
missioners to 
place names on 



sary to aid the election commissioners in the performance of 
their duties. 

Section 3. Section ten of said chapter twenty-nine is 
hereby amended by striking out, in the second hne, the 
word "June", and inserting in place thereof the word: — 
July, — so as to read as follows: — Section 10. The board 
shall, on or before the first day of July in each year, prepare 
printed copies of the lists prepared for the use of the election 
commissioners. The board shall print such lists in pamphlet 
form by predncts, deliver to the election commissioners as 
many copies thereof as they may require, and hold the re- 
maining copies for pubhc distribution. 

Section 4. Said chapter twenty-nine, as amended by 
chapter one hundred and forty-five of the acts of nineteen 
hundred and twenty, is hereby further amended by striking 
out section eleven and inserting in place thereof the follow- 
ing: — Section 11. If a person, twenty years of age or up- 
ward, resident in Boston on the first day of April, was not 
listed by the board, such person shall, in order to establish 
the right to be listed, in person present a statement in writing 
under oath to the election commissioners or assistant regis- 
trars at their principal office, who are hereby authorized to 
administer oaths for this purpose, that the applicant was on 
the first day of April a resident of said city, giving his or her 
name, age, occupation and residence on the first day of April 
in the current year, and his or her residence on the first day 
of April in the preceding year. A person, twenty years of 
age or upward, who becomes a resident of said city after the 
first day of April shall in person present a statement in 
writing under oath to the election commissioners or assistant 
registrars at their principal office, who are hereby authorized 
to administer oaths for this purpose, that the applicant be- 
came a resident of said city at least six months immediately 
preceding the election at which the applicant claims the right 
to vote, giving his or her name, age, occupation and his or 
her residence, and the date when said applicant became a 
resident, and his or her residence on the first day of April in 
the current year. The board of election commissioners shall 
forthwith transmit a copy of such statement to the police 
commissioner who shall detail an officer to verify the state- 
ment of the applicant as to residence, and shall report to the 
election commissioners within five days the result of the in- 
vestigation of the officer. If the statement of the applicant 
as to residence is found to be true, the election commissioners 



Acts, 1921. — Chap. 114. 95 

shall place the name of the applicant on the voting list; voting lists if 
otherwise the election commissioners shall forthwith notify true. 
the applicant to appear before them, and, if not satisfied 
that the statement is true, shall not place the applicant's 
name upon the voting list; provided, that no application Proviso, 
for registration under the provisions of this section shall be 
received by the election commissioners or assistant registrars 
later than the twentieth day preceding a state or municipal 
election. 

Section 5. Chapter eight hundred and thirtv-five of the i9i3, 835. § 76, 

„ . 1 1 I 1 1 • 1 "^ 1 • • ^t'^' amended. 

acts 01 nmeteen hundred and thirteen, as amended ni section 
seventy-six by section seven of chapter ninety-one of the 
General Acts of nineteen hundred and fifteen and by section 
twelve of said chapter twenty-nine, is hereby further amended 
by striking out said section seventy-six and inserting in place 
thereof the following: — Section 76. The election commis- Election com- 
sioners shall, after the first day of April in each year, prepare BostoTto%°/e- 
an annual register containing the names of all qualified voters fe'LTste" o"f*' 
in Boston for the current year, beginning with such first day ^"ters. 
of April. Such names shall be arranged by wards and pre- 
cincts and, opposite the name of each voter, shall be entered 
his or her residence on the preceding first day of April or 
any subsequent day when the voter became a resident of 
said city. The election commissioners shall enter in the 
annual register every name contained in the lists, for the 
current year, of persons transmitted to them by the listing 
board, giving, as the residence of each person on the first 
day of April, the place at which such person was listed by 
said board; provided, that in every case they are able to Proviso, 
identify the name so transmitted as that of a person whose 
name was borne on the voting list of said city at the last pre- 
ceding election. In the year nineteen hundred and twenty- To enter in 
one the election commissioners shall enter in the annual ofcertlin* 
register every name contained in the list of women voters as '^°'"''" ''°*'"'^" 
registered, qualified to vote in the city of Boston at the city 
election December fourteenth, nineteen hundred and twenty; 
provided, that in each case they are able to identify the name Proviso, 
as that of a woman voter returned by the listing board as of 
April first of the current year. They shall make all inquiries To make 
and investigations necessary to identify such person, and quidls^nd 
they shall not enter in the annual register the name of a ^■JJ^'^^'^^tions. 
person objected to by any commissioner, until such person 
has been duly notified and given an opportunity to be heard 
by them, and shall have appeared and satisfied them of the 



96 



Acts, 1921. — Chap. 114. 



G. L. 56, § 2, 
amended. 



Penalty for 
false listing in 
Boston, Cam- 
bridge, Chelsea 
or Watertown. 



G. L. 56, § 5. 
amended. 



Penalty for 
failure to give 
name or infor- 
mation to 
assessor, etc. 



G. L. 56, § 6. 
amended. 



Penalty for 
giving false 
information 
to assessor, 
etc. 



right to have his or her name so entered. They shall forth- 
with enter in the annual register the name of every per- 
son whose qualifications as a voter have been determined by 
them in the current year and whose name has accordingly 
been entered in the general register. They shall, on or before 
the first Monday of August in each year, send notice in 
writing by mail to each voter of the preceding year whose 
name has not been entered in the annual register of the 
current year that the name of such voter has not been so 
entered. 

Section 6. Section two of chapter fifty-six of the Gen- 
eral Laws is hereby amended by inserting after the word 
"officer", in the first line, the words: — or interpreter, — 
and by striking out, in the third line, the word "male", and 
the words "or women voters", so as to read as follows: — 
Section 2. A member of the listing board or a police officer 
or interpreter in Boston, Cambridge, Chelsea or Watertown 
who knowingly enters on any list of persons, or causes, or 
allows to be entered thereon, or reports the name of any 
person as a resident of a building, who is not a resident 
thereof, shall be punished by imprisonment for not more than 
one year. 

Section 7. Section five of said chapter fifty-six is hereby 
amended by striking out, in the first line, the word "male", 
and by inserting after the word "his", in the second and 
eighth lines, in each instance, the words: — or her, — so as 
to read as follows : — Section 5. Whoever, being an inmate 
of a building and a resident twenty years of age or upward, 
refuses or neglects to give his or her true name when asked 
by an assessor or assistant assessor or, in Boston, Cambridge, 
Chelsea or Watertown, by a member of the listing board or 
a police officer, or whoever, being an owner or occupant of a 
building, or a clerk, superintendent, manager or other person 
having in charge the affairs of a hotel or lodging house, re- 
fuses or neglects to give the full and true information within 
his or her knowledge relating to all persons residing in such 
building, when asked by such assessor or other officer, shall 
be punished by imprisonment for not more than three months. 

Section 8. Section six of said chapter fifty-six is hereby 
amended by striking out, in the fourth line, the word "male", 
and by striking out, in the fifth fine, the words "or women 
voters", so as to read as follows: — Section 6. Whoever 
knowingly gives to an assessor or assistant assessor, for the 
purpose of the assessment of a poll tax or in Boston, Cam- 



Acts, 1921. — Chap. 115. 97 

bridge, Chelsea or Watertown to a member of the listing 
board or a police officer, for the pm-pose of making a list of 
residents twenty years of age or upward or a report under 
the laws relating to listing and registration of voters in said 
cities and town, the name of any person as a resident of a 
building, who is not a resident thereof, shall be punished by 
imprisonment for not more than one year. 

Approved March 15, 1921. 



An Act relative to the election commission in the Qjiqj) 115 

CITY of LOW^ELL. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and fifty- 1920, 154, § 1, 
four of the acts of nineteen hundred and twenty is hereby *™^° ^ ' 
amended by striking out the last sentence and inserting in 
place thereof the following : — The commission shall have 
the same powers and duties in relation to nominations, 
nomination papers, preparing and printing ballots, prepar- 
ing for and conducting primaries, caucuses, counting, re- 
counting, tabulating and determining votes cast at caucuses, 
primaries and elections, and all other matters relating to 
elections which have heretofore been exercised by the regis- 
trars of voters or the city clerk, — so as to read as follows: — 
Section 1. There shall be established in the citv of Lowell Election com- 

, . . , . . . , . „ 11' 1 1 mission in city 

a bi-partisan election commission, hereinafter called the com- of Lo\yeii, 

I'liiii ipp 1 1 111 establishment, 

mission, which shall be composed of tour members who shall powers, duties, 
have the powers and duties pertaining to registrars of voters ^^"^ 
in that city. The commission shall have the same powers 
and duties in relation to nominations, nomination papers, 
preparing and printing ballots, preparing for and conducting 
primaries, caucuses, counting, recounting, tabulating and de- 
termining votes cast at caucuses, primaries and elections, 
and all other matters relating to elections wliich have here- 
tofore been exercised by the registrars of voters or the city 
clerk. 

Section 2. Said chapter one hundred and fifty-four is 1920, 154, § 2, 
hereby further amended by striking out section two and in- ^"'*'" 
serting in place thereof the follo\nng: — Section 2. The Membership of 
mayor shall during the month of February or IVIarch in the «°°''^*«^^°°- 
year nineteen hundred and twenty-two, and every year there- 
after, appoint one member to the commission for a term of 
four years and until his successor is appointed and qualified. 



98 



Acts, 1921. — Chap. 116. 



Vacancies. 



1920, 154, § 4, 
amended. 



Commission 
to supervise all 
elections, etc. 



Provisos. 



Sessions for 
registration of 
voters. 



Records open 
to public 
inspection, 
unless, etc. 



The city clerk shall cease to be a member of the registrars of 
voters upon the passage of this act, but the remaining mem- 
bers of the present board of registrars of voters shall, unless 
removed in accordance with law, hold office as commis- 
sioners for the remainder of their respective terms, notwith- 
standing the provisions of this act. Any vacancy in the com- 
mission by reason of death, resignation or otherwise shall be 
filled forthwith by the mayor. 

Section 3. Said chapter one hundred and fifty-four is 
hereby further amended by striking out section four and 
inserting in place thereof the folloA^dng : — Section 4- The 
commission shall, under the pro\dsions of law, have general 
supervision of all elections; the appointment, 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, how- 
ever, 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 em- 
ployed by them as of January first, nineteen hundred and 
twenty. Whenever, in their opinion, pubhc convenience or 
necessity so requires, the commission may order sessions for 
the registering of voters to be held in any of the several 
voting precincts, or at the office of the commission in the 
city hall, and they may require suitable accommodations 
and necessary records in connection therewith, and they may, 
furthermore, prepare voting lists of the voters in the several 
voting precincts by streets or by alphabetical order as pro- 
vided in section fifty-five of chapter fifty-one of the General 
Laws. The commission shall at all times maintain suitable 
records which shall, unless it is otherwise provided by law, 
be open to public inspection. 

Section 4. This act shall take effect upon its passage. 

Approved March 15, 1921. 



C/iap. 116 An Act relative to the granting of licenses for the 

CATCHING OF LOBSTERS. 



Emergency 
preamble. 



Whereas, The deferred operation of this act would tend to 
defeat its purpose, therefore it is hereby declared to be an 
emergency law necessary for the immediate preservation of 
the pubfic convenience. 



Acts, 1921. — Chap. 116. • 99 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and thirty of the Gen- g. l. iso, § io4, 
eral Laws is hereby amended by striking out section one hun- *™®°'^^^- 
dred and four and inserting in place thereof the following : — 
Section IO4. The clerk of any town in Essex, Middlesex, cierksof 
Suffolk, Norfolk, Plymouth, Barnstable, Bristol, Dukes or andt"^fsfo 
Nantucket county, situated on the shores of the common- ^^^ lobsTe'rs.*^ 
wealth, shall grant licenses in the form prescribed and upon ^*''- 
a blank furnished by the director, to catch or take lobsters 
from the waters of the commonwealth within three miles of 
the shores of the county where the town lies. Except as 
hereinafter provided, such licenses shall be granted only to 
individuals who are citizens of the commonwealth and who 
have resided therein for at least one year next preceding the 
date of the same. The clerk of any such town may grant Licenses for 
such a license to any individual who is an alien and who re- ^ 
sides in the county where the town lies; pro\aded, that such ^^^'30. 
ahen has resided in said county, and has been actually en- 
gaged in lobster fishing therein, for five years next preceding 
the date of the license. A non-resident citizen of the United Licenses for 

f^ .,.,.. . 1 !• temporary non- 

States temporarily residnig m any town grantmg such li- residents, etc. 
censes may, during June, July, August and September in 
each year, upon payment of the fee required by this section 
procure a license to take lobsters for consumption by the 
hcensee and his family only. Licenses, except those granted fcTnses.'°" °^ 
to non-residents, shall expire on November thirtieth next 
succeeding the granting of the same unless sooner revoked 
as provided in the following section. The town clerk grant- Fees. 
ing a license shall collect therefor a fee of one dollar, which, 
less fifteen cents to be retained by him, shall be forwarded 
to the director on the first Monday of the following month, 
together with coupons provided by the director for a de- 
scription of the licensee and his buoys, and for such other 
information as may be required. All books of forms fur- 
nished to town clerks under tliis section shall be returned to 
the director on January first of each year. Each applicant Color, etc., of 
for a license shall state the color ' scheme or other special stated, etc. 
markings of the buoys to be used by him wliich shall be set 
forth in his license, and all buoys used by him shall be marked 
accordingly and also with the licensee's initials or name which 
shall be branded or cut into the surface of the buoy. A li- licenses to be 

1 1 • • 1 11 11 • 1 •! • • exhibited. 

censee under this section shall at all times, while acting m 
pursuance of the license, exhibit his license upon the demand 
of any officer qualified to serve criminal process. 



100 



Acts, 1921. — Chaps. 117, 118. 



Eligibility of 
certain aliens 
to receive 
license. 



Section 2. The fact that an ahen has been unable law- 
fully to engage in lobster fishing between December first, 
nineteen hundred and twenty and the time this act takes 
effect shall in no way affect his eligibility to receive a license 
under the preceding section. Approved March 15, 1921. 



Chap. 117 An Act relative to rights of way by necessity as 

AFFECTING REGISTERED LAND. 

Be it enacted, etc., as follows: 

Section fifty-three of chapter one hundred and eighty-five 
of the General Laws is hereby amended by adding at the 
end thereof the folloA\ing sentence: — Nor shall a right of 
way by necessity be implied under a conveyance of registered 
land, — so as to read as follows: — Section 53. No title to 
affect registered registered land, or easement or other right therein, in dero- 
gation of the title of the registered owner, shall be acquired 
by prescription or adverse possession. Nor shall a right of 
way by necessity be implied under a conveyance of registered 
land. Approved March 15, 1921. 



G. L. 185, § 53, 
amended. 



Prescription, 
etc., not to 



land. 



C/iap. 118 An Act authorizing the town of reading to establish 

A board of public w^orks. 

Be it enacted, etc., as folloivs: 

Town of Section 1. There shall be estabhshed in the town of 

of ^public' works Reading an unpaid board of pubhc works, hereinafter called 
established. ^j^^ board, to cousist of five members. The initial members 
thereof shall be elected, one to serve for one year, two for 
two years, and two for three years, from the date of the 
meeting at which they are elected, if the same is an annual 
meeting, or from the date of the next annual meeting fol- 
lowing their election, if elected at a special meeting, and 
thereafter when the term of any member expires his successor 
shall be elected to serve for three years. In all cases the 
members shall serve until their successors are elected and 
qualified. The members of the board shall, after each elec- 
tion, elect one of their number to act as chairman for the 
ensuing year. If a vacancy occurs therein, the remaining 
members, if they constitute a quorum, may fill such vacancy 
until the next annual town meeting, when a new member 
shall be elected to fill the unexpired term. No person shall 
serve on the board who holds another elective or appointive 
office in the town. 



Chairman. 



Vacancies, 
how filled. 



Acts, 1921. — Chap. 118. 101 

Section 2. The board shall have all the rights, powers, Certain 
and Habilities vested in the selectmen, in respect to the lay- ^S^'in *'" 
ing out, construction, maintenance, and repair of streets, trWwred fo' 
ways, bridges, sidewalks, monuments at the termini and pubjic^works. 
angles of roads, and guide posts, and in the lading out, con- 
struction, maintenance and repair of drains, and in the 
granting of franchises or locations in pubhc w^ays for electric 
or other railroads or street railways and pole locations in- 
cluding the authority vested in them as a board of survey 
under the provisions of chapter forty-one of the General 
Laws; and the board shall also have all the rights, powers, 
and habilities vested in the water commissioners of said 
town, under chapter foiu" hundred and five of the acts of 
eighteen hundred and eighty-nine, and acts in amendment 
thereof and in addition thereto, in the board of sewer com- 
missioners under chapter three hundred and fourteen of the 
acts of nineteen hundred and nine, and acts in amendment 
thereof and in addition thereto, and in the board of park com- 
missioners under chapter forty-five of the General Laws ; and 
the acceptance of this act as hereinafter provided, shall be 
held an acceptance of said chapter forty-five of the General 
Laws, notwithstanding that such chapter requires the ac- 
ceptance thereof by written ballot and the use of the voting 
list. Upon the election and qualification of the members of ^ertahTtown 
the board it shall succeed to the rights, privileges, duties boards 
and liabilities, as herein set forth, and thereupon the board etc. 
of sewer commissioners, the board of water commissioners, 
and the board of park commissioners, in said town of Reading, 
shall cease to exist, and the board of selectmen of said town 
shall cease to have any authority relati^•e to streets and 
drains in said town, as herein proAided; and it shall be the 
duty of the selectmen in relation to streets and drains, and 
of said water commissioners, sewer commissioners, and park 
commissioners relative to their respective departments, to 
turn over to said board of public works all contracts, papers, 
documents, plans, and other property of any kind or nature 
whatsoever then in their custody. 

Section 3. The initial election of the board may occur Nomination 
at an annual or special town meeting. If elected at an of bollrfoT 
annual meeting the members shall be nominated and elected p*^^''^ '^°''^^- 
in the same manner as other town officers; if at a special 
meeting they shall be elected by secret ballot in the same 
manner in every respect as town officers at annual town 
elections. Nominations of candidates for such election at a 



102 



Acts, 1921. — Chap. 118. 



Proviso. 



Superintendent 
of public 
works, appoint- 
ment, etc. 



Bond and ex- 
pense therefor. 



Appointment 
of assistants, 
agents, etc. 



Records, 
annual reports, 
etc. 



special meeting shall be made by a writing, signed by fifteen 
registered voters naming a person or persons as candidates. 
Such writing shall be filed with the town clerk ten days at 
least before the date of the election, and thereupon the 
names of the nominees appearing thereon shall be placed 
upon the official ballot to be used at such election, provided 
that registered voters of the town whose names do not appear 
on the official ballot may be elected to the board at such 
special meeting. 

Section 4. The board shall, as soon as practicable after 
every election thereto, appoint an agent wiio shall be known 
as the superintendent of public works and shall be the ad- 
ministrative head of all departments of the town coming 
within the board's supervision. He shall be subject to the 
direction and super\ision, and shall hold office at the will of 
the board, shall be specially fitted by education, training, or 
experience to perform the duties of said office, shall be chosen 
irrespective of liis political opinions, and may or may not 
be a resident of the town. During his tenure he shall hold 
no other elective or appointive office, nor shall he be engaged 
in any other business or occupation. He shall be responsible 
for the efficient administration of all departments within the 
scope of his duty. He shall give bond to the town for the 
faithful performance of his duties in such sum, with such 
conditions and with such surety or sureties as the board may 
require and approve. The expense of procuring a surety 
company as surety thereon shall be paid by the town. The 
superintendent shall, subject to the approval of the board, 
appoint such assistants, agents, and employees as the per- 
formance of the duties of the various departments under his 
super\ision shall require. He shall collect all moneys pay- 
able to the board, and in the collection of money and other 
properties, and in the handling or disposition of funds, he 
shall specifically designate certain persons to assist him, if 
necessary, and the persons so designated shall give a bond, 
if the board so requires, at the expense of the town. The 
superintendent shall keep full and complete records of the 
doings of his office, and render to the board as often as it 
may require, a full report of all operations during the period 
reported upon; and annually or from time to time as re- 
quired by the board, he shall make a synopsis of all reports 
for publication. The superintendent shall keep the board 
fully advised as to the needs of the town within the scope of 
his duties, and shall furnish to the board on or before the 



Acts, 1921. — Chap. 119. 103 

fifteenth day of January in each year, a carefully prepared 
and detailed estimate in \\Titing of the appropriations re- 
quired during the ensuing fiscal year for the proper conduct 
of all departments of the town under liis super\ision. 

Section 5. This act shall take effect upon its passage so To be sub- 
far as it provides for its submission to the voters of the town voters, etc. 
of Reading for their acceptance, but it shall not take further 
effect until it has been accepted by a majority of the voters 
of said town present and voting thereon, at an annual or 
special town meeting, and at the meeting w^hen so accepted, 
a date may be fixed for the election of the members of said 
board as aforesaid, and in anticipation thereof, the folloAnng 
article shall be inserted in the warrant for such meeting : — 
"To fix a date for the election of members to the board of 
public works if the act to establish the same is accepted", 
and the first election of members to the board shall be held 
on the date so fixed, and forthAnth upon the official announce- 
ment of the results of such election and the qualification 
of its members, the board, as pro\ided for herein, shall be 
deemed to be duly established. Approved March 15, 1921. 

An Act to incorporate the city of Gardner. Chav 119 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Gardner shall 2'*^,°^ 

111 IT- 1 Oardner 

continue to be a body corporate and politic under the name incorporated. 
of the City of Gardner, and as such shall have, exercise and 
enjoy all the rights, immunities, pov/ers and pri\'ileges, and 
shall be subject to all the duties, liabiUties and obligations 
provided for herein or by statute, or otherwise pertaining to 
cities as municipal corporations. 

Section 2. Upon the acceptance of this act, the select- Division^into 
men of the town then in office shall fortlnnth divide the 
territory of the town into five wards, so that the wards will 
contain, as nearly as may be consistent v.ith well defined 
limits, an equal number of voters, and they shall designate 
the wards by numbers. The number of wards may, in any 
year fixed by law for a new division of wards in cities, be 
changed by vote of the city council, with the assent of the 
mayor; but the number of wards shall not be less than five. 

The selectmen, for the pm-poses of the first preliminary First preiim- 
election and the first regular city election, after the acceptance Ln^'nuateicc- 
of this act, shall provide suitable polling places and give piaces.^ieitfon 
notice thereof, and shall at least ten days before said pre- ''^''^''' ^'''- 



104 



Acts, 1921. — Chap. 119. 



Duties of 
town clerk. 
Lists of voters. 



First meeting 
of mayor, 
council and 
school 
committee. 



Mayor, election, 
term, etc. 



City council, 
election, 
terms, etc. 



liminary election appoint all proper election officers therefor 
and for said regular city election; and they shall in general 
have the powers and perform the duties of the board of 
aldermen in cities under the General Laws, the pro\isions of 
wliich, so far as may be applicable, shall apply to said elec- 
tions; and the town clerk shall perform the duties therein 
assigned to city clerks. The registrars shall cause to be pre- 
pared and pubhshed, according to law, Hsts of quahfied voters 
in each of the wards estabhshed by the selectmen. 

Section 3. The selectmen shall notify the persons elected 
at the said first regular city election and shall provide and 
appoint a place for the first meeting of the maj^or and council 
on the first Monday in January, next ensuing; and shall, by 
written notice, left at their respective places of residence at 
least twenty-four hours prior to such meeting, notify the 
mayor elect and the councilmen elect, who shall immediately 
proceed to organize and carry into eflFect the pro\isions of 
this act, which shall thereupon have full force and effect. 
The selectmen shall, in like manner, appoint a place and time 
for the first meeting of the school committee, and shall 
notify the members thereof. 

Section 4. There shall be a mayor, elected by and from 
the qualified voters of the city, who shall be the chief executive 
officer of the city. He shall hold office for the term of two 
years from the first Monday in January follo\nng his election 
and until his successor is elected and qualified. 

Section 5. The legislati^'e powers of the city shall be 
vested in a city council. The city council shall be composed 
of not less than eleven members, of whom one shall be elected 
from each ward by and from the qualified voters of that ward, 
and the remaining members shall be elected at large by and 
from the qualified voters of the city. One of its members 
shall be elected annually by the council as its president. At 
the first regular city election after the acceptance of this act 
the councillors elected from each ward shall serve for one 
year and those elected at large for t^^'o years, from the first 
Monday in January following their election and until their 
successors are elected and qualified. At each regular city 
election thereafter, their respective successors shall be elected 
to serve for two years. If the number of wards shall be in- 
creased, as pro\ided in section two, the number of coun- 
cillors shall also be increased, so that the number of coun- 
cillors elected at large shall always exceed by one the number 
elected by wards. 



Acts, 1921. — Chap. 119. 105 

Section 6. All heads of departments and members of by mLyo?.^"^^ 
municipal boards, except the school committee, the city 
clerk, city treasm-er, city auditor and city collector of taxes, 
officers whose election is provided for by this act and officials 
appointed by the governor, shall be appointed by the mayor, 
subject to confirmation by the city council; but the city 
solicitor shall be appointed by the mayor, without confirma- 
tion by the city council. 

Section 7. In making his appointments the mayor shall 
sign and file with the city clerk a certificate in the following 
form: 

CERTIFICATE OF APPOINTMENT. 

I appoint (name of appointee) to the position of (name of appo^^menf 
office), and I certify that in my opinion he is a recognized 
expert in the work which will devolve upon him, and that I 
make the appointment solely in the interest of the city. 

Mayor, 
or the following form, as the case may be: 

CERTIFICATE OF APPOINTMENT. 

I appoint (name of appointee) to the position of (name of 
office), and I certify that in my opinion he is a person specially 
fitted by education, training or ex]^erience to perform the 
duties of said office, and that I make the appointment solely 
in the interest of the city. 

Mayor. 

Section 8. The mayor may, with the approval of a ma- Removal of 
jority of the members of the city council, remove any head ^''''*^*'"° ''''^^• 
of a department or member of a board before the expiration 
of his term of office, except members of the school committee, 
officers elected by the city council, officers whose election 
is pro\'ided for by tliis act, and officials appointed by the 
governor. The person so removed shall receive a copy of 
the reasons for his removal in writing; and he may contest 
the same at a hearing to be given by the city council, at which 
he shall have the right to be represented by counsel. 

Section 9. The city clerk, city treasurer, city auditor Election, etc., 
and city collector of taxes shall be elected by the city council offidLisW city 
for terms of three years and may be removed at any time •=°^''''»'- 
by a two thirds vote of the city council. 

Section 10. Until superseded under the provisions of Organization of 

,1 • . j> 1 • Ml • • departments, 

this act or by action of the city council, the orgamzation powers and 



106 



Acts, 1921. — Chap. 119. 



duties of 
officers and 
employees, etc. 



No action to 
conflict with 
civil service 
laws, etc. 

Mayor, salary. 



Council, salary. 



Preliminary 
election for 
nominations, 
date, etc. 



What names 
to be printed 
on official 
ballots. 



Proviso. 



of the executive and administrative departments, and the 
powers and duties of the officers and employees of said town, 
shall remain as constituted at the time when this act takes 
full effect as provided in section three, but the city council 
may from time to time by ordinance, subject to the pro\isions 
of this act and in accordance with the general laws, reorganize, 
consolidate or abohsh departments, in whole or in part ; may 
transfer the duties, powers and appropriations of one de- 
partment to another, in whole or in part; may establish new 
departments; and may increase, reduce, establish or abolish 
salaries of heads of departments or members of boards. 
Nothing in this section shall authorize any action in conflict 
with the ci\il ser\ice laws and the rules and regulations 
made thereunder. 

Section 11. The mayor shall receive for his services such 
salary as the city council by ordinance shall determine, not 
exceeding fifteen hundred dollars a year, and he shall receive 
no other compensation from the city. His salary 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, establish a salary for its 
members not exceeding tW'O hundred dollars each 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 12. On the third Tuesday preceding every regu- 
lar and special city election at which any officer mentioned 
in this act is to be elected, there shall be held a preliminary 
election for the purpose of nominating candidates for such 
offices as, under the provisions of tliis act, are to be filled at 
such election. Voters qualified to vote at a regular city 
election shall be qualified to vote at a preliminary election. 
No special election for mayor or any other officer shall be 
held until after the expiration of forty days from the calling 
of the preliminary election. 

Section 13. Any person w^ho is qualified to vote for a 
candidate for any oflSce mentioned in this act, and who is a 
candidate for nomination for that office, may have his name 
as such candidate printed on the official ballot to be used 
at a preliminary election; provided that at least ten days 
prior to the preliminary election, he shall file with the city 
clerk a statement in waiting of his candidacy, and with it 
the petition of at least fifty voters of the city, qualified to 
vote for a candidate for the said office. Said statement and 
petition shall be in substantially the following form: 



Acts, 1921. — Chap. 119. 107 



STATEMENT OF CANDIDATE. 

I, ( ), on oath declare that I reside at Formotstate- 

(, ... /^ I ment of 

(number if any) on (name of street) m the city of Gard- candidate. 
ner; that I am a voter therein, c|ualified to vote for a candi- 
date for the hereinafter mentioned office; that I am a candi- 
date for nomination for the office of (state the office) for 
(state the term) to be voted for at the prehminary election 
for nominations 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 ballots to be used at said preliminary election. 

(Signed) 

Commonwealth of Massachusetts. Worcester, ss. 

Subscribed and sworn to this day of 

, nineteen hundred and , before 

me, 

(Signed) ^ - 

Justice of the Peace 

or (Notary Public). 
My commission expires 

PETITION ACCOMPANYING ST.\TEMENT OF CANDIDATE. 

Whereas (name of candidate) is a candidate for nomina- Form of peti- 
tion for the office of (state the office) for (state the term), we pany^in^Sate- 
the undersigned, voters of the city of Gardner, duly ciualified '^^^^ °^ '"*°'^^" 
to vote for a candidate for said office, do hereby recjuest that 
the name of said (name of candidate) as a candidate for nomi- 
nation for said office be printed on the official ballots 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. 

No acceptance by a candidate for nomination named in Acceptance 
the said petition shall be necessary for its validity or for its ne^es°sa*ry."°* 
filing, and the petition need not be sworn to. The petition 
may be on one or more papers. 

Section 14. On the first day, not being Sunday or a Names of 
legal hohday following the expiration of the time for filing whellKe 
the above-described statements and petitions, the city clerk p^^*^"^- 
shall post in a conspicuous place in the city hall the names 



108 



Acts, 1921. — Chap. 119. 



Printing of 
ballots. 



and residences of the candidates for nomination who have 
duly filed the above-mentioned statements and petitions, 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 to be printed, and the ballots so pre- 
pared shall be the official ballots and the only ballots used at 
the preliminary election. They shall be headed as follows: 



Official pre- 
liminary ballot, 
heading. 



OFFICIAL PRELIMINARY BALLOT. 

Candidates for nomination for the offices of ( ) 

in the city of Gardner. At a preUminary election to be 
held on the day of , in the year 

nineteen hundred and 

(The heading shall be varied in accordance with the office 
for which nominations are to be made.) 



Names on 
ballot, order, 
etc. 



Blank spaces 
to be left on 
ballots, etc. 



Party or politi- 
cal designa- 
tions, etc., 
prohibited. 



Counting of 
ballots and 
return of 
votes. 



Section 15. The name of each person, and of none other, 
who has filed a statement and accompanying petition as 
aforesaid vdth his residence and the title and term of the 
office for which he is a candidate for nomination, shall be 
printed on said ballots under the designation of said office 
in the order in which they may be drawn by the city clerk, 
whose duty it shall be to make such drawing and to give 
each candidate an opportunity to be present in person or by 
one representative. Blank space shall be left at the end of 
each list of candidates for nomination for the different offices 
equal to the number to be nominated therefor, in which the 
voter may insert the name of any person not printed on the 
ballot for whom he desires to vote for nomination for such 
office. There shall be printed on said ballots such directions 
as will aid the voter, as to wit: "vote for one", "vote for 
two", and the like. 

Section 16. No ballot used at any prehminary, special or 
regular city election shall have printed thereon any party 
or other political designation or mark, and there shall not be 
appended to the name of any candidate any such party or 
other political designation or mark, or anything showing how 
he was nominated, or indicating his views or opinions. 

Section 17. 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 voting 
places where they officiate for each person for nomination 
for each office, and shall forthwith make return thereof to 



Acts, 1921. — Chap. 119. 109 

the city cl6rk upon blanks to be furnished as in regular city 
elections. 

Section 18. On the first day, not being Sunday or a Canvassand 
legal holiday, following the preHminary election, the city fe'tS.*'*''' °^ 
clerk shall canvass the retui-ns received from the election 
officers, and shall forthmth determine the result of the 
canvass and publish the same in one or more newspapers 
published in the city, and shall post the same in a conspicuous 
place in the city hall. 

Section 19. The two persons receiving at a preliminary Nominations, 
election the highest and second highest number of votes, nSned^ '"^" 
respectively, for any 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 succeeding regular or 
special city election. If two or more persons are to be elected 
to the same office at such regular or special city election, the 
several persons, to a number equal to twice the number so 
to be elected to such office, receixdng 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 candidates, and except as otherwise provided herein 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. 

The names shall be printed on the ballots under the desig- Candidates' 
nation of the respective offices for which they are candidates pri^tld^on^ 
in the order in which they may be drawn by the city clerk, ^^^^°^^- ^tc- 
as provided in section fifteen. In case two or more persons Tie vote. 
should receive an equal nmnber of votes for the same office 
at any preliminary election held under this act and one of 
such persons would otherwise be entitled to have his name 
upon the official ballot then the names of all such persons 
shall be placed on the ballot. 

Section 20. If at the expiration of the time for filing wheninsuffi- 
statements of candidates to be voted for at any preliminary ofTtat'L'^nts 
election not more than twice as many such statements haA'e candidal fif-*^' 
been filed with the city clerk for the office of mayor, councillor to^fe^deXTd^ 
at large, or school committee as ther-e are candidates to be no^^^ated^'' 
elected to said offices respectively, the candidates whose etc. 
statements have thus been filed shall be deemed to have been 
nominated to said offices respectively, and their names shall 
be used at such regular or special city election, and the city 
clerk shall not print said names upon the ballot to be used 
at said preliminary election, and no other nomination to said 



110 



Acts, 1921. — Chap. 119. 



Candidates in 
any ward, 
when deemed 
to have been 
nominated, 
etc. 



Preliminary 
elections, when 
not to be held. 



Acceptance of 
nomination not 
necessary. 

City election, 
date, etc. 



Mayor and 
council, when 
to be sworn, 
etc. 



Legislative 
powers of 
council. 



Voting powers, 
quorum, etc. 



offices shall be made. And if in any ward, at the expiration 
of the time for filing statements of candidates to be voted 
for at any preliminary election, not more than tvn.ce as many 
such statements have been filed with the city clerk for the 
office of councillor from such ward as are to be elected, the 
candidates 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 regular or 
special city election, and the city clerk shall not print said 
names upon the ballot to be used at said preliminary election, 
and no other nominations to said offices shall be made. And 
if it shall appear that no names are to be printed upon the 
official ballot to be used at any preUminary election, in any 
ward or wards of the city, no preliminary election shall be 
held in such ward or wards. 

Section 21. No acceptance of a nomination made at a 
preliminary election shall be necessary for its validity. 

Section 22. The first regular city election shall take 
place on the Tuesday following the first Monday in Decem- 
ber, following the acceptance of this act, and thereafter the 
regular city election shall take place annually on the Tuesday 
next following the first Monday of December, and the mu- 
nicipal year shall begin and end on the first Monday of 
•January in each year. The first preliminary election shall 
take place on the Tuesday following the second Monday in 
November, following the acceptance of this act. 

Section 23. On the first Monday in January the mayor- 
elect and the councillors-elect shall meet and be sworn to the 
faithful discharge of their duties. The oath may be ad- 
ministered by the city clerk or by any justice of the peace, 
and a certificate that the oath has been taken shall be entered 
on the journal of the city council. At any meeting there- 
after the oath may be administered, in the presence of the 
city council, to the mayor, or to any councillor absent from 
the meeting on the first Monday in January. 

Section 24. Except as pro\ided in tliis section, the legis- 
lative powers of the city council may be exercised as provided 
by ordinance or rule adopted by it. 

1. Except as otherwise pro\aded in tliis act, every member 
of the council shall have the right to vote on any question 
coming before it. A majority of the council shall constitute 
a quorum, and the affirmative vote of a majority of all the 
members of the council shall be necessary to adopt any mo- 
tion, resolution or ordinance. 



Acts, 1921. — Chap. 119. Ill 

2. The city council shall, from time to time, establish rules Rules. 

for its proceedings. Regular and special meetings of the ^^^^^^^^' ^^°- 
council shall be held at a time and place fixed by ordinance. 
All legislative sessions shall be open to the public, and every 
matter coming before the council for action shall be put to 
vote, the result of which shall be duly recorded. A full and 
accurate journal of the proceedings of the council shall be 
kept, and shall be open to the inspection of any registered 
voter of the city. 

3. The city clerk shall have such powers and perform city clerk, 
such duties as the council may from time to time prescribe, ^cl^'^' '*"''^^' 
in addition to such duties as may be prescribed by law. He 

shall keep the records of the meetings of the council. 

Section 25. The city council may at any time request Council may 
from the mayor specific information upon any municipal mationof 
matter within its jurisdiction, and may request his presence ^'^^°'^' 
to answer written questions relating thereto at a meeting to 
be held not earlier than one week after the date of the receipt 
by the mayor of said questions. The mayor shall personally, 
or through a head of a department or a member of a board, 
attend such meeting and publicly answer all such questions. 
The person so attending shall not be obliged to answer ques- 
tions relating to any other matter. The mayor at any time 
may attend and address the city council in person, or through 
the head of a department or a member of a board, upon any 
subject. The council, or any committee thereof duly au- Mayinvesti- 
thorized by the council so to do, may investigate the financial transactions^ 
transactions of any office or department of the city govern- ^'*'' 
ment, and the official acts and conduct of any official, and, 
by similar investigations, may secure information upon any 
matter. 

Section 26. No ordinance shall be passed finally on the Passage of 
date on w^hich it is introduced, except in cases of special emer- °^ '"^"'^®- 
gency invohing the health or safety of the people or their 
property. 

No ordinance shall be regarded as an emergency measure Emergency 
unless the emergency is defined and declared in a preamble Se^* *° ^° 
thereto separately voted on and recei\^ng the affirmative 
vote of two thirds of the members of the city council. 

No ordinance making a grant, renewal or extension, what- Granting of 
ever its kind or nature, of any franchise or special privilege 
shall be passed as an emergency measure, and, except as 
provided in sections seventy and seventy-one of chapter one 
hundred and sixty-four of the General Laws and in chapter 



112 



Acts, 1921. — Chap. 119. 



Amendment 
or nullification 
of ordinances. 



Passage at 
one session. 
Proviso. 



Ordinances, 
etc., to be 
published. 



Orders, ordi- 
nances, votes, 
etc., to be 
approved by 
mayor. 



Civil service 
laws not to 
apply to cer- 
tain appointees 
of mayor. 



one hundred and sixty-six thereof, no such grant, renewal or 
extension shall be made otherwise than by ordinance. 

Section 27. No ordinance, or part thereof, shall be 
amended or annulled except by an ordinance adopted in 
accordance with the provisions of this act. 

Section 28. Any ordinance, order or resolution may be 
passed through all its stages of legislation at one session, pro- 
vided that no member of the council objects thereto; but if 
any member of the council objects, further action on the 
measure shall, unless it is an emergency measure as defined 
in section twenty-six, be postponed for that meeting. 

Section 29. Every proposed ordinance or loan order, 
except emergency measures as hereinbefore defined, shall at 
least ten days before its final passage, be published in full 
in at least one newspaper of the city, and in any additional 
manner that may be provided by ordinance. 

After final passage, it shall, in the same manner as before, 
again be published once, as amended and completed, except 
in the case of an emergency ordinance which may be passed 
as hereinbefore provided and wliich shall take effect on its 
passage, and shall so be published at the earliest practicable 
moment. 

Section 30. Every order, ordinance, resolution and vote 
relative to the affairs of the city, adopted or passed by the 
city council, shall be presented to the mayor for his approval. 
If he appro\-es it he shall sign it; if he disapproves it he shall 
retiu-n it, with his objections in writing, to the city council, 
which shall enter his objections at large on its records, and 
again consider it. If the city council, notwithstanding such 
disapproval of the mayor, shall again pass such order, ordi- 
nance, resolution or vote by a two thirds vote of all the 
members of the city council, it shall then be in force, but such 
vote shall not be taken for seven days after its return to the 
city council. Every such order, ordinance, resolution or vote 
shall be in force if it is not returned by the mayor within 
ten days after it was presented to him. This section shall 
not apply to budgets submitted under section thirty-two of 
chapter forty-fom- of the General Laws or to appropriations 
by the city council under section thirty-three of said chapter. 

Section 31. The civil serxice laws shall not apply to the 
appointment of the mayor's secretaries nor of stenographers, 
clerks, telephone operators and messengers connected with 
his office, and the mayor may remove such appointees Anthout 



Acts, 1921. — Chap. 119. 113 

a hearing and without making a statement of the cause for 
their removal. 

Section 32. If a vacancy occurs in the office of mayor Certain vacan- 
or in the city council before the last six months of the term "^' ^^^ ^''^• 
of office, the city council shall order an election to fill the 
same for the unexpired term; and if such vacancy occurs in 
the office of mayor in the last six months of said term, the 
president of the city council shall succeed thereto for the un- 
expired term. 

If the mayor is absent or unable from any cause temporarily President of 
to perform his duties, or if liis office is vacant during the first - actfng""' "^ 
eighteen months of liis term, his duties shall be performed pjfwers, duties, 
by the president of the city council. The person upon whom ^*^*'- 
such duties shall devolve shall be called "acting mayor", and 
he shall possess the powers of mayor only in matters not 
admitting of delay, but shall have no power to make perma- 
nent appointments. 

Should an appointive officer of the city be temporarily Temporary 
unable for any cause to perform his duties, the mayor or the ^pp<"°*™^°*^^- 
city council, whichever has the power of original appoint- 
ment, may make a temporary appointment of some person 
to act until the official shall resume his duties. 

Section 33. It shall be unlawful for the mayor or for a certain offi- 
member of the city council or school committee or for any mtke"or share 
officer or employee of the city, directly or indirectly, to make ^itT "ity!*^ 
a contract with the city, or to receive any commission, dis- ""•^*' ^^''■ 
count, bonus, gift, contribution, or reward from or any share 
in the profits of any person or corporation, making or per- 
forming such a contract, unless the mayor, such member, 
officer or employee, immediately upon learning of the exist- 
ence of such contract, or that such a contract is proposed, 
shall notify in writing the mayor, city council or school com- 
mittee of the nature of his interest in such contract, and shall 
abstain from doing any official act on behalf of the city in 
reference thereto. In case of such interest on the part of an Contracts in 
officer whose duty it is to sign the contract on behalf of the howslgn^ed. 
city, the contract may be signed by any other ofl^icer of the 
city duly authorized thereto by the mayor, or if the mayor 
has such interest, by the city clerk, provided, however, that Proviso, 
when a contractor \^ith the city is a corporation or a voluntary 
stock association, the ownership of less than five per cent of 
the stock or shares actually issued shall not be considered 
as invoking an interest in the contract within the meaning of 



114 



Acts, 1921. — Chap. 119. 



Penalty for 
violation. 



Proposals for 
certain con- 
tracts to be 
advertised. 



Contracts not 
to be split, 
etc. 



Certain con- 
tracts to be 
approved by 
mayor, etc. 



Bond or other 
security to 
accompany 
contracts, etc. 



this section, and such ownership shall not affect the validity 
of the contract unless the owner of such stock or shares is 
also an officer or agent of the corporation or association, or 
soHcits or takes part in the making of the contract. 

A \dolation of this section shall render the contract in re- 
spect to which such violation occurs voidable at the option 
of the city. Any person violating the provisions of this sec- 
tion shall be punished by a fine of not more than one thou- 
sand dollars, or by imprisonment for not more than one year, 
or by both such fine and imprisonment. 

Section 34. No contract for construction work or for 
the purchase of apparatus, supplies or materials, whether the 
same shall be for repairs or original construction, the esti- 
mated cost of which amounts to or exceeds two hundred 
dollars, except in cases of special emergency involving the 
health or safety of the people or their property, shall be 
awarded unless proposals for the same shall have been in- 
vited by advertisements in at least one newspaper pubHshed 
in the city once a week for at least two consecutive weeks, 
the last publication to be at least one week before the time 
specified for the opening of said proposals. Such advertise- 
ments shall state the time and place where plans and specifi- 
cations of the proposed work or supplies may be had and 
the time and place for opening the proposals in answer to 
said advertisements, and shall reserve to the city the right 
to reject any or all of such proposals. All such proposals 
shall be opened in pubhc. No bill or contract shall be split 
or di\aded for the purpose of evading any pro\asion of this 
act. 

Section 35. All contracts made by any department, 
board or commission in which the amount involved is two 
hundred dollars or more shall be in writing, and no such 
contract shall be deemed to have been made or executed 
until the approval of the mayor and of the department or 
board making the contract is affixed thereto. Any contract 
made as aforesaid may be required to be accompanied by a 
bond yviih sureties satisfactory to the board or oflScials ha\dng 
the matter in charge, or by a deposit of money, certified 
check or other security conditioned on the faithful per- 
formance thereof, and such bonds or other securities shall be 
deposited with the city treasurer until the contract has in 
all respects been carried out; and no such contract shall be 
altered except by a written agreement of the contractor, the 
sureties on his bond, and the officer, department or board 



Acts, 1921. — Chap. 119. 115 

making the contract, with the approval of the mayor affixed 
thereto. 

Section 36. At the request of any department, the city Council may 
council may, with the approval of the mayor, acquire by munidpai pur- 
purchase, or take by eminent domain under chapter seventy- p°^®^' ^*''" 
nine of the General Laws in the name of the city, for any 
municipal purpose, any land or interest therein within the 
limits of the city not already appropriated to public use. 
Whenever the price proposed to be paid for land for any 
municipal purpose is more than twenty-five per cent higher 
than its average assessed valuation during the previous three 
years, said land shall not be purchased, but shall be taken 
by eminent domain and paid for in the manner pro\ided for 
the payment of damages for land taken under said chapter 
seventy-nine. The city council shall estimate the damages, 
if any, sustained by persons in their property by such taking, 
and shall state the share of each separately. No land shall 
be taken until an appropriation by loan or otherwise for the 
general purposes for Avhich land is needed shall have been 
made by the city council by a two thirds vote of all its mem- 
bers and approved by the mayor; nor shall a price be paid 
in excess of said estimated damages unless a larger sum is 
awarded by a court of competent jurisdiction. 

Section 37. The school committee shall consist of the school com- 
mayor, w^ho shall be the chairman, and six members who uonrt^rmT 
shall be elected at large. At the first annual city election ^^''^ 
held after the acceptance of this act, there shall be elected 
two members to serve for one year, two for two years and 
two for tlu-ee years, and annually thereafter there shall be 
elected two members to serve for the term of thi*ee years. 

Section 38. The school committee shall elect annually Superintendent 
a superintendent of schools except as proxided in section eLctk>°n,^etc., 
forty-one of chapter seventy-one of the General Laws, and mett^^rewtain 
may, under the laws regulating the ci\dl service, appoint, officerei'Sc" 
suspend or remove such subordinate officers or assistants, 
including janitors of school buildings, as it may deem neces- 
sary for the proper discharge of its duties and the conduct of 
its business; it shall define their terms of service and their 
duties, and shall fix their compensation. No member of the 
school committee, except the mayor, shall, during the term 
for which he is elected, hold any other office or position the 
salary or compensation for which is payable out of the city 
treasury. The committee shall organize annually on Tues- schooicom- 
day following the first Monday in January, and shall elect Sn etf °" 



116 



Acts, 1921. — Chap. 119. 



Powers and 
duties. 



To approve 
plans, etc., 
for school 
buildings. 



To make rules 
and regula- 
tions. 



Proviso. 



Meetings to be 
public, except, 
etc. 



Vacancies, 
how filled. 



Initiative 
petition for 
passage of a 
" measure". 



one of its members as vice-chairman, whose duty it shall be 
to preside at all meetings of the committee at which the 
mayor is not present. 

Section 39. The school committee, in addition to the 
powers and duties pertaining by law to school committees, 
shall have power to provide, when they are necessary, tempo- 
rary accommodations for school pm-poses, and shall have the 
control of all school buildings and of the grounds connected 
therewith, and the power to make all repairs, the expenditures 
for which are made from the regular appropriation for the 
school department, except as is otherwise provided herein. 

Section 40. No site for a school building shall be ac- 
quired by the city unless approval of the site by the school 
committee is first obtained. No plans for the construction or 
alteration of a school building shall be accepted, and no work 
shall be begun on the construction or alteration of a school 
building, unless the approval of the school committee and 
the mayor therefor is first obtained; but such approval shall 
not be required for the making of ordinary repairs. 

Section 41. The school committee shall make all reason- 
able rules and regulations for the management of the public 
schools of the city and for conducting the business of the 
committee, provided that such rules are not inconsistent 
with any laws of the commonwealth. 

Section 42. All meetings of the school committee shall 
be open to the public, except that when requested by not 
less than foiu* members of the committee, any particular 
meeting shall be private. The vote on any particular measure 
shall be by the call of yeas and nays, when it is so requested 
by not less than two members of the committee. 

Section 43. If a vacancy occurs in the school committee 
by failure to elect, or otherwise, the city council and the re- 
maining members of the school committee shall meet in joint 
convention and elect a suitable person to fill the vacancy 
until the next regular city election. The mayor, if present, 
shall preside at the convention. 

Section 44. A petition meeting the requirements here- 
inafter specified and requesting the city council to pass an 
ordinance, resolution, order or vote, except an order granted 
under the provisions of chapters one hundred and sixty-four 
and one hundred and sixty-six of the General Laws or re- 
questing the school committee to pass a resolution, order or 
vote, all of these four terms being hereinafter included in the 
term "measure", therein set forth or designated, shall be 



Acts, 1921. — Chap. 119. 117 

termed an initiative petition, and shall be acted upon as 
hereinafter provided. 
Section 45. Signatures to initiative petitions need not signatures to 

1 11 A 11 1 J • • initiative 

be all on one paper. All such papers pertaimng to any one petitions. 
measure shall be fastened together, and shall be filed in the 
office of the city clerk as one instrument, with the endorse- 
ment thereon of the names and addresses of three persons 
designated as fihng the same. With each signature to said 
petition shall be stated the place of residence of the signer, 
giving the street and number, if any. 

Within five days after the filing of said petition the regis- Certification by 
trars of voters shall ascertain by what number of registered voTIrs"^!"^^ °^ 
voters the petition is signed, and what percentage that num- 
ber is of the total number of registered voters, and shall 
attach thereto their certificate sho^^'ing the result of such 
examination. 

The city clerk shall forth^^^th transmit the said certificate Certificates to 
with the said petition to the city council or to the school council, *^tc. 
committee, accordingly as the petition is addressed, and at 
the same time shall send a copy of said certificate to one or 
more of the persons designated on the petition as filing the 
same. 

Section 46. If an initiative petition be signed by regis- Action by 
tered voters equal in number, except as otherwise provided schooT'c^mmit- 
in this act, to at least twenty per cent of the whole number pe'tiUon'bf ''"' 
of registered voters, the city council or the school committee properly signed. 
shall, within twenty days after the date of the certificate of 
the registrars of voters that the petition has been signed by 
the required percentage of registered voters, either — 

1. Pass said measure without alteration, subject to the Passage, 
referendum vote provided by tliis act, or 

2. The city council shall call a special election to be held S^'iotCTs^"™ 
on a Tuesday fixed by it not less than thirty nor more than 
forty-five days after the date of the certificate hereinbefore 
mentioned, and shall submit the proposed measure without 
alteration to a vote of the registered voters of the city at that 
election, provided, however, that if any regular city election Proviso. 

is otherwise to occiu- within ninety days after the date of 
said certificate, the city council may, at its discretion, omit 
calling the special election and submit the proposed measure 
to the voters at such other election. 

Section 47. If an initiative petition be signed by regis- Referendum. 
tered voters equal in number to at least eight per cent but Ta.ih! p^*'*'°" 
less than twenty per cent of the total number of registered 



118 



Acts, 1921. — Chap. 119. 



Referendum 
petition as to 
passage of a 
"measure or 
part thereof 
protested 
against", etc. 



Procedure, etc. 



Council may 
submit meas- 
ures to voters 
of its own 
motion, etc. 



Measures with 

conflicting 

provisions. 



voters, and said measure be not passed without alteration 
\vithin twenty days by the city council or the school com- 
mittee, as provided in the preceding section, then such pro- 
posed measure, without alteration, shall be submitted by the 
city council to a vote of the registered voters of the city at 
the next regular city election. 

Section 48. If within twenty days after the final passage 
of any measure by the city council or by the school committee, 
a petition signed by registered voters of the city, equal in 
number to at least twelve per cent of the total number of 
registered voters, be presented to the city council or to the 
school committee, as the case may be, protesting against 
such measure or any part thereof taking efl'ect, the same shall 
thereupon and thereby be suspended from taking effect; and 
the city council or the school committee, as the case may be, 
shall immediately reconsider such measure or part thereof; 
and if such measure or part thereof be not entirely annulled, 
repealed or rescinded, the city council shall submit the same, 
by the method herein proxided, to a vote of the qualified 
voters of the city, either at the next regular city election, or 
at a special election which may, in its discretion, be called 
for the ])urpose, and such measure or part thereof shall forth- 
with become null and void unless a majority of the qualified 
voters voting on the same at such election shall vote in 
favor thereof. The petition pro\'ided for by this section shall 
be termed a referendum petition. 

The procedure in respect to the referendum petition shall 
be the same as that provided by section forty-five of this 
act, except that the words "measure or part thereof pro- 
tested against" shall for tliis purpose be understood to re- 
place the word "measure" in that section wherever it may 
occur, and that the word "referendum" shall be understood 
to replace the word "initiative" in that section. 

Section 49. The city council may of its own motion, 
and shall upon request of the school committee in case of a 
measure originating with that committee and pertaining to 
the affairs under its administration, submit to a vote of the 
registered voters of the city for adoption or rejection at a 
regular or special city election any proposed measure, or a 
proposition for the annulment, repeal or amendment of any 
measure, in the same manner and with the same force and 
effect as are hereby provided for submission on petition. 

Section 50. If two or more proposed measures passed 
at the -same election contain conflicting provisions, that one 
of said measures which received the largest number of af- 



Acts, 1921. — Chap. 120. 119 

firmative votes shall take effect and the other shall be 
void. 

Section 51. The ballots used in voting upon such pro- Ballots to show 
posed measure shall state the nature of the measure in terms me^s'irref etc. 
sufficient to show the substance thereof. No measiu-e shall 
go into effect unless it receives the affirmative votes of at 
least a third of the whole number of registered voters. 

Section 52. All official bonds, recognizances, obhgations. Existing obii- 
contracts and all other instruments entered into or executed tr^acts°^taTe"' 
by or to the town of Gardner before the organization of the to bl'l'nfor^ced, 
city government under this act and all taxes, special assess- ®**'- 
ments, fines, penalties, forfeitures incurred or imposed, due 
or owing to the town, shall be enforced and collected, and all 
writs, prosecutions, actions and causes of action, except as 
herein otherwise pro\'ided, shall continue without abatement 
and remain unaffected by this act; and no legal act done by 
or in favor of the town shall be rendered invahd by the 
acceptance of this act. 

All laws, by-laws, rules and regulations, general or special, ah laws, etc^^ 
relating to the town of Gardner, in force at the time when force, until, 
this act takes full effect, shall, until altered, amended or re- ^^' 
pealed, continue in force in the city of Gardner, so far as the 
same are not inconsistent herewith. 

Section 53. This act shall be submitted to the voters of ^°t^g/JJ^' 
the town of Gardner at the annual town election in March voters, etc. 
in the year nineteen hundred and twenty-two for their ac- 
ceptance. At such election the polls shall be open not less 
than eight hours; and the vote shall be taken by ballot, in 
accordance with the provisions of the General Laws so far 
as the same shall be applicable and not inconsistent here- 
with, in answer to the following question w-hich shall be 
placed upon the official ballot used for the election of town 
officers: "Shall an act passed by the general court in the 
year nineteen hundred and twenty-one, entitled 'An Act to 
incorporate the city of Gardner', be accepted?" If a ma- 
jority of the voters present and voting thereon vote to accept 
this act then the same shall take effect; but not otherwise. 

Approved March 15, 1921. 

An Act to provide for the participation of the county (Jfiaj) 120 
in the repair and improvement of public ways. 

Be it enacted, etc., as follows: 

Section 1. Chapter eighty-one of the General Laws is g. l. si, new 
hereby amended by inserting after section twenty-six the f 25!°" *^*^"^ 



120 



Acts, 1921.— Chap. 120. 



Counties may 
contribute, 
etc., for repair 
and improve- 
ment of public 
ways in small 
towns. 



Counties not 
to be liable for 
defects, etc. 



G. L. 84, new 
section after 
§ 11. 

Counties may 
aid in main- 
tenance of 
public ways 
constructed or 
improved by 
county funds, 
etc. 



Counties not 
to be liable for 
defects, etc. 



following new section: — Section 26 A. The county com- 
missioners of the county wherein any public way is to be re- 
paired or improved under the pro\isions of the preceding 
section may contribute and expend county funds therefor in 
accordance \dth such agreements as the commissioners may 
make with the division and the selectmen of the town. Said 
county funds may be paid to the division or to the town 
from time to time as the work progresses, to the extent that 
the said commissioners are satisfied that the work for which 
agreements have been made is being done in accordance 
therewith. Such contributions or ex]Denditures by a county 
shall not render it liable for defects in any way or for damages 
to persons travehng thereon, and when the work of repair or 
maintenance for which such contribution or expenditure is 
made is completed, there shall be no further obligation on 
the part of the county as to the repair and maintenance 
thereof until a further contribution is made by the county 
commissioners for such purpose. 

Section 2. Chapter eighty-four of the General Laws is 
hereby amended by inserting after section eleven the fol- 
lowing new section: — Section 11 A. When a public way 
other than a state highway has been constructed or improved 
in whole or in part by aid of money contributed by a county, 
the said way shall be kept and maintained in good repair and 
condition by the town in which the same Hes, but the county 
may aid in such maintenance, and for such purpose the 
county commissioners may grant sums of money from the 
county treasury to be paid to the town to aid in such repairs 
as the commissioners may order. Such money may be paid 
to the town from time to time as the work progresses to the 
extent that the commissioners are satisfied that the same is 
being done in accordance with their directions. Such grants 
or contributions shall not render a county hable for defects 
in any way or for damages to persons travehng thereon, and 
when the work of repair or maintenance for w^hich such 
grants or contributions are made is completed there shall be 
no further obligation on the part of the county as to the 
repair or maintenance thereof until a further grant or order 
is made by the county commissioners for such purposes. 

Approved March Id, 1921. 



Acts, 1921. — Chaps. 121, 122. 121 



An Act relative to the taking of muskrats. Chap. 121 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose of supplying needed employment; 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 thirty-one of the General Laws JnJided' ^ ^^' 
is hereby amended by striking out section fifty-one and in- 
serting in place thereof the following : — Section 51 . Except ^J°*jj®i^®fy^°" ^°^ 
in Dukes and Nantucket counties, no person shall, except as bearing 
pro\ided in the two following sections and in sections eighty- *°'™'* ^' 
one to eighty-eight, inclusive, hunt, take or kill or have in 
possession the hving or dead bodies or parts thereof of 
minks, otters, muskrats, skunks or raccoons, except that such 
animals may be taken by shooting or trapping between 
November first and March first, both dates inclusive, and 
except that muski-ats may also be taken by trap only, between 
March first and April tenth, both dates inclusive, and rac- 
coons may also be taken with the aid or by the use of dogs 
or guns in October, but not more than twenty-five raccoons 
shall be taken by one person in one season. 

Approved March 16, 1921. 



An Act authorizing the city of taunton to borrow Chap. 122 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of purchasing land and con- cityof xaun- 
structing thereon a schoolhouse, at East Taunton within the row money for 
city of Taunton, and for furnishing and equipping the same, 
the city of Taunton may from time to time borrow^ such sums 
as may be necessary, not exceeding, in the aggregate, two 
hundred thousand dollars, and may issue bonds or notes 
therefor wiiich shall bear on their face the words, Taunton Taunton 
Schoolhouse Loan, Act of 1921. Each authorized issue shall Loan, Act 
constitute a separate loan. Indebtedness incurred under this ° *^^^" 
act shall be in excess of the statutory Umit, but shall other- 
wise be subject to chapter forty-four of the General Laws. 

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

Approved March 18, 1921. 



school pur- 
poses. 



122 



Acts, 1921. — Chaps. 123, 124. 



C hap. 12S An Act to shorten the time for taking appeals from 

CERTAIN DECISIONS OF THE COMMISSIONER OF CORPORA- 
TIONS AND TAXATION. 

Whereas, The deferred operation of this act would cause 
substantial inconvenience, therefore it is hereby declared to 
be an emergency law, necessary for the immediate preserva- 
tion of the pubhc convenience. 



Emergency 
preamble. 



G. L. 63, 

§ 71, amended. 



Appeals from 
decisions of 
commissioner 
of corporations 
and taxation 
relative to 
taxation of 
corporations. 



Overpayments 
to be reim- 
bursed. 
Abatement of 
uncollectible 
assessments. 



Be it enacted, etc., as follows: 

Section seventy-one of chapter sixty-three of the General 
Laws is hereby amended by striking out, in the fourth line, 
the word "thirty", and inserting in place thereof the word: 
— ten, — so as to read as follows: — Section 71. Except as 
otherwise pro\'ided, any party aggrieved by any decision of 
the commissioner upon any matter arising under this chapter 
from which an appeal is given, may apply to the board of 
appeal from decisions of the commissioner within ten days 
after notice of his decision. Said board shall hear and de- 
cide the subject matter of such appeal, and give notice of its 
decision to the commissioner and the appellant; and its 
decision shall be final and conclusive as to questions of fact, 
although pajonents have been made as required by the de- 
cision appealed from. Any overpa>anent of tax determined 
by decision of said board of appeal shall be reimbursed by 
the commonwealth. Taxes, excises, costs or expenses of 
any kind assessed upon any corporation, company or as- 
sociation, except a municipal corporation, which are unpaid 
and are uncollectible, may be abated by the board of appeal 
on the recommendation of the attorney general and commis- 
sioner at any time after the expiration of five years from the 
date when the same became payable. 

Approved March 18, 1921 



Chap. 124: An Act relative to the account by collectors of 

TAXES OF CERTAIN CHARGES AND FEES. 



Emergency 
preamble. 



Whereas, The deferred operation of this act would cause 
great inconvenience in the keeping of the accounts of col- 
lectors of taxes and add to the expense, therefore it is hereby 
declared to be an emergency law, necessary for the im- 
mediate preservation of the public convenience. 



Acts, 1921. — Chap. 125. 123 

Be it enacted, etc., as follows: 

Section two of chapter sixty of the General Laws is hereby g. l. eo, § 2, 
amended by striking out, in the seventh and eighth hnes, the *™^° 
words "upon each tax in the Ust", so as to read as follows: — 
Section 2. Every collector of taxes, constable, sheriff or Collection and 
deputy sheriff, receiving a tax list and warrant from the of tS^* ""^^"^ 
assessors, shall collect the taxes therein set forth, with 
interest, and pay over said taxes and interest' to the town 
treasurer according to the warrant, and shall make written 
return thereof with his tax list and of his doings thereon at Return 
such times as the assessors shall in writing require. He shall ^'^^ ' 
also give to the treasurer an account of all charges and fees 
collected by him. In towns, not cities, he shall, on or before 
the fifth day of each month, pay over to the town treasurer 
all money received by him during the preceding month on 
account of taxes and interest. Approved March 18, 1921. 

An Act to ratify and confirm certain acts of the (jjidrt 125 

SHELBURNE FALLS FIRE DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and sixty-two of the 1855,262, §4. 
acts of eighteen hundred and fifty-five is hereby amended by 
striking out section four and inserting in place thereof the 
following: — Section 4- Meetings of said district shall be sheiburne 
called by a warrant under the hands of its board of water Diitrictr 
commissioners directed to the clerk, or some other person, meet"mgs. 
who shall forthwith give notice of such meeting in the man- 
ner prescribed by the General Laws. 

Section 2. All provisions of general or special laws re- Board of water 
quiring said district to choose a prudential committee shall to have powers, 
not apply to said district; and the board of water commis- de'iitiai com"' 
sioners of said district, established under chapter six hundred ™'"'^- 
and forty-four of the acts of nineteen hundred and eleven, 
shall have all the powers of and perform all the duties of a 
prudential committee. 

Section 3. From and after the passage of this act said Jc'.^ippolnt^'' 
district shall no longer choose a chief engineer and assistant ment, etc. 
engineers, but such officers shall be appointed by the board 
of water commissioners. 

Section 4. At the first annual meeting of said district Assessors 

iijr. , 1.,. .,,.. 1111 1 election, terms, 

held after the passage of this act said district shall elect by etc. 
ballot three assessors to hold office, one until the expiration 



amended. 



124 



Acts, 1921. — Chap. 126. 



Certain acts 
ratified and 
confirmed. 



of three years, one until the expiration of two years, and 
one until the expiration of one year; and at every annual 
meeting thereafter one assessor shall be elected by ballot for 
the term of tliree years. 

Section 5. All acts done and all votes passed by said 
district at any meeting called by its board of water commis- 
sioners, and all acts done by any of its officers pursuant to 
votes passed at any meeting so called, are hereby made vahd 
and confirmed to the same extent that they would have been 
valid had such meetings been called by the clerk of said 
district; and all acts of said district and of its officers per- 
formed by authority of its board of water commissioners 
acting in place of or instead of a prudential committee are 
hereby made valid and confirmed to the same extent that 
they would have been valid had its water commissioners 
been elected as a prudential committee. 

Section 6. This act shall take effect upon its passage. 

Approved March 18, 1921. 



Chap. 126 An Act relative to the salary of the clerk of the 

BOARD OF POLICE FOR THE CITY OF FALL RIVER. 



1894, 351, § 4. 
etc., amended. 



31 pol 
for city of Fall 
River, salaries 
of members 
and clerk, 
accommoda- 
tions, etc. 



Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and fifty-one of the 
acts of eighteen hundred and ninety-four, as amended in 
section four by chapter one hundred and sixty-four of the 
Special Acts of nineteen hundred and nineteen, is hereby 
further amended by striking out said section four and in- 
serting in place thereof the following: — Section 4- The 
annual salary of the chairman of the board of police shall be 
one thousand dollars, that of each of the other members 
seven hundred and fifty dollars, and of the clerk not less than 
fifteen hundred nor more than twenty-five hundred dollars, 
as shall be determined by the board. Said salaries shall be 
paid monthly from the treasury of said city. Said clerk 
shall not engage in any other business, nor shall any member 
of the board engage or be interested in any business for which 
said board is authorized to grant licenses. Said board, with 
the approval of the governor and council, shall be provided 
with such rooms as shall be convenient and suitable for the 
performance of its duties, the rent of which shall be paid by 
said city. Said city shall provide all such suitable accommo- 
dations for the police as said board shall require, and all 
buildings and property used by said pohce shall be under the 



Acts, 1921. — Chap. 127. 125 

control of said board. All expense for the maintenance of 
buildings, the pay of the police, and all incidental expenses 
incurred in the administration of said police shall be paid by 
said city upon the requisition of said board. 

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

Approved March 18, 1921. 



An Act relative to the hours and places of public 

auctions. 



Chap.127 



Be it enacted, etc., as follows: 

Section five of chapter one hundred of the General Laws g. l. loo, § 5, 
is hereby amended by inserting after the word "situated", *™^° 
in the fifth hne, the words: — and in accordance with such 
conditions relative to the hours and places of seUing goods 
and chattels in the town of sale as the licensing authority 
thereof deems expedient, — and also by adding at the end 
thereof the following : — If an auctioneer makes a sale by 
auction at a time or place in a town not authorized by the 
licensing authority thereof he shall be liable to like penalties 
as if he had sold without a license, — so as to read as fol- 
lows: — Section 5. An auctioneer, except as pro\T[ded in Hours and 
section eight or in section twenty-nine of chapter one hun- L^'^ctions! " 
dred and one, may sell real or personal property by public 
auction in any place witliin liis county and, when employed 
by others, may sell such property in any place within the 
commonwealth, if such sale is made where such property is 
situated and in accordance with such conditions relative to 
the hours and places of selling goods and chattels in the town 
of sale as the licensing authority thereof deems expedient; 
provided, that such personal property does not consist of p™^»^- 
goods, wares or merchandise which have been brought into 
a town by persons engaged in the business of traveling and 
carrying stocks of goods, wares or merchandise from one 
town to another within the commonwealth for the purpose 
of selling the same by auction. An auctioneer selling by Forfeiture and 
auction in a town where he is not authorized to sell shall unauthorized 
forfeit fifty dollars. If an auctioneer makes a sale by auction 
at a time or place in a town not authorized by the licensing 
authority thereof he shall be hable to Hke penalties as if he 
had sold without a hcense. Approved March 18, 1921. 



126 



Acts, 1921.— Chaps. 128, 129, 130. 



Chap. 128 An Act authorizing the city of boston to pay a sum 

OF MONEY TO EDWIN B. BARNES. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston may pay the sum of four 
thousand dollars to Edwin B. Barnes to reimburse him for 
injuries sustained on account of being run into on the high- 
way by a motor cycle policeman of said city. 

Section 2. This act shall take effect upon its acceptance 
by the city council of said city, subject to the provisions of 
its charter, pro\ided such acceptance occurs prior to Decem- 
ber thirty-first in the current year. 

Approved March 18, 1921. 



City of Boston 
may pay a sum 
of money to 
Edwin B. 
Barnes. 



To be sub- 
mitted to city 
council, etc. 



Proviso. 



C/iap. 129 An Act authorizing the city of boston to pay a sum 

OF money TO THOMAS F. GOODE. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston may pay to Thomas F. 
Goode a sum not to exceed four thousand dollars for injuries 
received by him while assisting a police officer in the per- 
formance of his duty. 

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 December thirty-first in the current year. 

Approved March 18, 1921. 



City of Boston 
may pay a 
sum of money 
to Thomas F. 
Goode. 



To be sub- 
mitted to city 
council, etc. 

Proviso. 



C/iap. 130 An Act enabling towns to transfer to selectmen the 
powers and duties of water and municipal light 
commissioners and municipal light boards. 

Be it enacted, etc., as follows: 

Section twenty-one of chapter forty-one of the General 
Laws is hereby amended by inserting after the words " water 
commissioners", in the fourth line, the words: — water and 
municipal light commissioners, municipal fight board, — so 
as to read as follows : — Section 21. Ten per cent of the 
registered voters in any town may file a petition with the 
selectmen thirty days or more before the annual town meet- 
ing asking that the selectmen act as a water and sewer board, 
water commissioners, water and municipal light commis- 



G. L. 41, § 21, 
amended. 



Referendum in 
towns relative 
to selectmen 
acting as or 
appointing 
other officers. 



YJES. 




NO. 






YES. 




NO. 





Acts, 1921. — Chap. 131. 127 

sioners, municipal light board, sewer commissioners, park 
commissioners, board of health, assessors or overseers of the 
poor, or perform the duties of such boards or officers or any 
of them, or that cemetery commissioners, assessors, a super- 
intendent of streets, a chief of the police and fire departments 
or a tree warden be thereafter appointed by the selectmen. 
The selectmen shall thereupon direct the town clerk to cause 
the question whether the petition shall be granted to be 
printed upon the official ballot used for the election of town 
officers at the next annual election in substantially the fol- 
lowing form: 

Shall the town vote to have its selectmen act 
as ? 

Shall the town vote to have its selectmen ap- 
point ? 

If the vote is in the affirmative it shall be valid and binding Terms of office 
and the town shall, at the next annual meeting, unless the uponaffirma- 
selectmen are then so elected, provide for their election for *'^^ ™*''' 
three year terms in the manner pro\ided in section one. 
Upon the election and qualification of the selectmen at such Termination 
next annual meeting, and upon the appointment and quah- offic^o'^?fc°ertain 
fication by oath of the officers herein authorized to perform ?^"ns%otl''"o 
the duties of any existing town board or officer, the term of Ijfen ac^fs'or 
office of such existing board or officer shall thereupon termi- '^J^'^yg* euj""*^'" 
nate, and all the duties, powers and obligations of said 
boards and officers shall be transferred to and imposed upon 
their successors; and if the town votes to have a superin- 
tendent of streets appointed, the office of highway surveyor 
or road commissioner shall terminate. 

Approved March 18, 1921. 

An Act relative to the pensioning of permanent Chav.V^^ 

MEMBERS OF THE FIRE DEPARTMENT OF THE CITY OF 
HAVERHILL, 

Be it enacted, etc., as follows: 

Chapter two hundred and sixty-eight of the Special Acts i9i6, 268 fs). 
of nineteen hundred and sixteen is hereby amended by in- afterif"" 
serting after section two the following new'section: — Section Pensioning of 
2A. The words "permanent member" as used in this act 5^8^111°^ 
shall be construed to include chiefs or other officers in charge menlTo''rds 
of the department, and members of the board of engineers "permanent 

,1 • 1 1" 1 1 ,-. , , member , 

or orner governnig bodies who are also firemen, and such how construed. 



128 Acts, 1921. — Chaps. 132, 133, 134. 

persons if in other respects entitled to retirement and a 
pension shall be entitled thereto notwithstanding that they 
are subject to election at stated intervals by the municipal 
authorities. Approved March 18, 1921. 



Chap. 1S2 An Act relative to the boston firemen's mutual 

RELIEF ASSOCIATION. 

Be it enacted, etc., as folio ws: 

men'Tifiituai The Bostou Firemeu's Mutual Relief Association, a fra- 

d^t^n'^ef^tion tcmal benefit society, is hereby authorized at the annual 

of officers, mcctiiigs for the election of officers to take the vote for said 

voting, etc. officcrs at the respective company quarters established by 

the Boston fire and protective departments. The votes as 

cast shall be placed by the official in charge of the voting in 

a sealed receptacle and sent by messenger to the place of the 

annual meeting and deposited by this messenger in the 

ballot box. Approved March 18, 1921. 

Chap.lSS An Act increasincx the authorized property holdings 

OF the BOSTON CHAMBER OF COMMERCE. 

Be it enacted, etc., as follows: 

etc!' amended. Sectlou fivc of chapter two huudrcd and fifty-one of the 

acts of nineteen hundred and nine, as amended by section 

one of chapter one hundred and sixty of the acts of nineteen 

hundred and twenty, is hereby further amended by striking 

out, in the tliird line, the word "five", and inserting in place 

thereof the word : — eight, — so as to read as follows : — 

Boston^cham- Scction 5. The said Boston Chamber of Commerce author- 

merce may izcd hereunder is hereby authorized to hold real and personal 

et°c. '"^"^^'^ ^' estate to an amount not exceeding eight million dollars, with 

authority to sell, purchase, mortgage, lease or rent the same 

or any part thereof. Approved March 18, 1921. 

Chap. 134: An Act establishing a harbor line on the northerly 

SIDE of the MERRIMACK RIVER IN THE CITY OF HAVER- 
HILL. 

Be it enacted, etc., as follows: 

Harbor une The followiug described line on the northerly side of the 

side of Merri- Mcrrimack river, in the city of Haverhill, is hereby estab- 
dfy of"^^"^ '" lished as a harbor line beyond wliich no wharf, pier or other 

Haverhill, 



Acts, 1921. — Chap. 135. 129 

structure shall be extended into or over the tide waters of 
said river : — Beginning at the southeasterly corner of the 
stone abutment at the northerly end of the Boston and 
Maine railroad bridge in the line established by chapter one 
hundred and four of the acts of eighteen hundred and eighty- 
three; thence running southwesterly by the face of said 
abutment about fifty-tlu-ee and tlu-ee tenths feet to the 
southwesterly corner thereof; thence running southwesterly 
in a straight line about tlu-ee hundred and sixty feet to a 
point in the extension of the westerly line of property of 
A. J. Tilton one hundred and twenty-five feet from its in- 
tersection with the southerly line of River street; thence 
running southwesterly in a straight line about two thousand 
three hundred and fifty feet to an angle in a timber bulkhead 
formerly the property of Lahey, Tilton and Lennox; the ex- 
tension of said line a distance of one hundred and seven and 
five tenths feet intersects an extension of the easterly line 
of Ayer street at a point two hundred and ninety-six and six 
tenths feet southerly therein from a concrete bound in the 
southerly line of River street. The above described Une is 
shown on a plan on file in the office of the department of 
public works, di\ision of waterways and public lands, marked 
"Plan showing Harbor Line above the Boston and Maine 
Railroad Bridge on the Northerly side of Merrimack River 
in Haverhill. December 1920. Scale 1: 1000". 

Approved March 18, 1921. 

An Act authorizing the city of boston to pay a sum (JfiaT) 135 

OF MONEY TO THE WIDOW OF JAMES E. McDONOUGH. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston may pay to the widow of B^^J^n^a 
James E. McDonough of Boston who died on or about pay a 
August first, nineteen hundred and twenty, while in the to widow of^^ 
employ of the pubfic buildings department of said city, the il^onough. 
sum of five hundred and seventy-five dollars, being the 
balance of the salary to which he would have been entitled 
had he lived and continued to occupy his position until 
February first, nineteen hundred and twenty-one. 

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- Sundi^et?^ 
visions of its charter, pro\ided that such acceptance occurs Proviso, 
prior to December thirty-first in the current year. 

Approved March 18, 1921. 



130 Acts, 1921. — Chaps. 136, 137. 



Chap.lSQ An Act relative to blanket policies of accident or 

HEALTH insurance. 

Be it enacted, etc., as follows: 

?m. amended. Scction one huiidred and ten of chapter one hundred and 
seventy-five of the General Laws is hereby amended by 
adding at the end thereof the following: — Where the pre- 
mium is to be paid by the employer and employees jointly 
and the benefits of the policy are offered to all eligible em- 
ployees, a policy covering not less than seventy-five per cent 
of such employees, or covering members of an association of 
such employees if the members so insured in fact constitute 
not less than seventy-five per cent of all eligible employees, 
shall be considered a general or blanket policy within the 
Certain provi- meaning of this section, — so as to read as follows : — Section 
not applicable 110. Notliiug iu tlic two preceding sections shall apply to 
WankeTyiLies or affcct auy general or blanket policy of insurance issued to 
hiafth''^'" *"' any employer, whether an individual, corporation, co-part- 
insurance. ncrship, or associatiou, or to any municipal corporation or 
department thereof, police or fire department, underwriters 
corps, salvage bureau or like organization, where the officers, 
members or employees or classes or departments thereof are 
insured against specified accidental bodily injin-ies or diseases 
while exposed to the hazards of the occupation or otherwise, 
for a premium intended to cover the risks of all the persons 
Mnside^red^a i^surcd uudcr such policy. Where the premium is to be 
l^neraUr ^^^ paid by the employer and employees jointly and the benefits 
etc. ' of the policy are offered to all eligible employees, a policy 

covering not less than seventy-five per cent of such em- 
ployees, or covering members of an association of such em- 
ployees if the members so insured in fact constitute not less 
than seventy-five per cent of all eligible employees, shall be 
considered a general or blanket policy within the meaning of 
this section. Approved March 23, 1921. 



Chap, 137 An Act to establish harbor lines in south bay in 

THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Kuth'bly Section 1. The harbor lines in South bay in the city of 
in city of Boston arc herebv changed and established as follows: — Be- 

Boston changed .. •*'ai ii-iot-v 

and established, gmniug at a poiut A ou the southerly side oi Dover street 



Acts, 1921. — Chap. 137. 131 

bridge, which point is distant one hundred and eighty-three Harbor Hnes 
feet southeasterly from the southeasterly side line of Albany }" ci°y*of *^ 
street; thence running southwesterly, parallel with said side and'StabUshId! 
line, nine hundred feet, to point B; thence running south- 
westerly, a little more westerly, about five hundred and 
fifty-five feet to a point C which is distant three hundred 
and seventy feet southeasterly from the northwesterly side 
line of Albany street, measuring at right angles to said side 
line from a point therein six hundred and twenty-seven feet 
northeasterly from the northeasterly side line of Wareham 
street; thence running southwesterly still more westerly, 
about sixteen hmidred and fifteen feet, to a point D which is 
distant three hundred and fifty-three feet southeasterly from 
said northwesterly side line of Albany street, measuring at 
right angles to said side line from the point of its intersection 
with the southwesterly side line of East Brookline street; 
thence rmining southwesterly, still more westerly, five hun- 
dred feet, to a point E which is distant three hundred and 
forty feet southeasterly from said northwesterly side line of 
Albany street, measuring at right angles thereto; thence 
running southeasterly one hundred feet at right angles to the 
harbor line last described to a point F; thence running 
northeasterly, about four hundred and thirty-five feet, to a 
point G which is distant four hundred and fifty-five feet 
southeasterly from said northwesterly side line of Albany 
street, measuring at right angles to said side line from a point 
therein sixty-five feet southwesterly from the southwesterly 
side line of East Brookline street; thence running south- 
easterly, parallel with the northerly side line of Southampton 
street, six hundred and eighty feet to a point H; thence de- 
flecting to the left one hundred degrees, six minutes and 
running northwesterly about seven hundred and five feet to 
a point J which is distant two hundred and ten feet south- 
easterly from the line C-D, measuring at right angles thereto; 
thence running northeasterly parallel to said line C-D, eight 
hundred and twenty-nine feet to a point K; thence running 
northeasterly more northerly parallel to and two hundred and 
ten feet distant southeasterly from the fine B-C about one 
thousand and ten feet to point L wiiich is situated at the 
intersection of said fine K-L, and a line perpendicular to 
the southerly side line of Dover street bridge and forty feet 
northwesterly from the center of pier number four of said 
Dover street bridge, said line also being about eighty-five 
feet southeasterly from the southeasterly side of the draw 



132 



Acts, 1921. — Chap. 138. 



Wharves, etc., 
not to extend 
beyond harbor 
lines. 

License for 
certain con- 
struction work 
inside harbor 
lines. 



Provision to be 
made for 
drainage of 
surface waters, 
etc., in case of 
certain 
construction 
work. 



Certain harbor 
lines annulled. 



opening in said bridge; thence northeasterly more northerly 
in said Hne forty feet northwesterly of said pier number four 
about nine hundred and twenty-seven feet to its intersection 
with the harbor line on the easterly side of Fort Point channel 
and northerly of Dover street bridge established by chapter 
thirty-five of the acts of eighteen hundred and forty. 

Section 2. No wharf, pier, wall, filling or other structure 
or work, shall hereafter be built or extended in said South 
bay beyond the harbor lines aforesaid; nor shall any structure 
be built or filling done inside said harbor lines and below the 
present high water mark in said bay, without authority or 
license therefor first duly obtained under and subject to the 
provisions of chapter ninety-one of the General Laws. 

Section 3. No structure shall be built or filling or other 
Avork done in any portion of said South bay below the present 
high water mark thereof, whereby the existing flow or drain- 
age of surface or other waters in or into and tlu-ough said 
bay towards the sea is cut oft' or obstructed, without first 
making such other provision for such flow or drainage as 
shall be approved by the department of public works of 
both the commonwealth and the city of Boston. 

Section 4. All harbor lines heretofore established in 
South bay, so far as they differ from those established by this 
act, are hereby annulled. Ajjproved March 23, 1921. 



Chap. 138 An Act authorizing the department of public works 
TO expend for highway construction in the town 
of hingham the balance of an appropriation here- 
tofore made for such purpose. 

Be it enacted, etc., as folloivs: 

The division of highways of the department of pubHc 
works may expend during the years of nineteen hundred and 
twenty-one and nineteen hundred and twenty-two, for the 
construction of a state highway in the town of Hingham in 
accordance with chapter two hundred and thirteen of the 
General Acts of nineteen hundred and sixteen, the unex-pended 
balance of the two hundred thousand dollars heretofore au- 
thorized for such purpose by said chapter. 

Approved March 23, 1921. 



Department of 
public works 
may expend 
for highway 
construction in 
town of Hing- 
ham balance 
of certain 
appropriation. 



Acts 1921. — Chap. 139. 133 



An Act establishing in the city of salem a board of Qfiav.lS^ 

APPEAL RELATIVE TO BUILDING CONSTRUCTION AND MAIN- 
TENANCE. 

Be it enacted, etc., as follows: 

Section 1. , There shall be established in the city_ of ^p^^^Jfeiative 
Salem a board to be known as the board of appeal, consist- coil'struition 
ins: of five members, one of whom shall be an architect, one and mainte- 

° , ij^ j^ 1 A 11 nance in city 

a mason, one a carpenter and one an attorney at law. All of saiem, es- 

the members shall be appointed by the mayor subject to membeTship. 

confirmation by the city council and shall serve without com- te'J-mi'of office. 

pensation. When first appointed two members shall be ap- ^'*'- 

pointed for terms of three years, two for terms of two years 

and one for the term of one year and said terms shall begin 

on May first next succeeding the acceptance of this act by 

the city council, and thereafter as the term of any member 

expires his successor shall be appointed in the same manner 

for the term of tlu-ee years. The mayor may remove any 

member with the consent of the city council, and may with 

like consent fill any vacancy for the unexpired term. The 

members of said board shall be residents of the city of Salem. 

No member shall act in any case in which he is interested, 

and if any member is so disqualified or is absent because of 

illness or other cause the decision shall require the unanimous 

appro\'al of the remaining members. E\'ery decision of the 

board shall be in writing and shall require the assent of at 

least four members of the board. 

Section 2. An applicant for a building permit whose Method of ap- 
application has been refused by the inspector of buildings Fu^aiofbuiiding 
may appeal therefrom within thirty days to the board of Cfspector^of 
appeal. A person who has been ordered by said inspector buildings. 
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 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 applica- Powers, deci- 
tion or enforcement of the building ordinances and regula- bMrd.^ *'" ° 
tions of said city in cases which do not appear to them to be 
within the intent of said ordinances or regulations, or in 



134 



Acts, 1921. — Chap. 139. 



Proviso. 



Decision to 
specify varia- 
tions, etc. 



Modified 
methods of 
construction, 
etc., may be 
allowed. 



Report to be 

submitted to 
mayor. 



Additional 
safety require- 
ments to be 
determined 
by inspector 
of buildings. 

Further powers 
and duties of 
board. 



To be sub- 
mitted to city 
council, etc. 

Proviso. 



cases where a literal interpretation thereof would result in 
manifest injustice; provided that such decision shall not 
conflict with the spirit of the building laws, or of said ordi- 
nances or regulations. Such a decision shall specify the 
variations allowed and the reasons therefor, and shall be 
filed in the office of 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 oflBce 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, said inspector shall issue a 
permit in accordance with such decision. 

Section 3. Methods of construction or maintenance 
equivalent to those required by the provisions of said building 
ordinances or regulations may be allowed with the written 
consent of the inspector of buildings and of the board of ap- 
peal, 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 ofl'ice of said inspector. The board of 
appeal shall submit to the mayor on or before February first 
in each year, a report gi\'ing a summary of all its decisions, 
together with such recommendations for revision of the 
building ordinances and regulations as may seem to it ad- 
\isable. Any requirement necessary for the strength or 
stability of any proposed structure or for the safety of the 
occupants thereof, not specifically covered by said building 
ordinances or regulations, shall be determined by the in- 
spector of buildings, subject to appeal. The board of appeal 
shall have such further powers and duties, not inconsistent 
with law, as the city council may by ordinance from time to 
time prescribe. 

Section 4. 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, pro\aded that such acceptance occurs 
prior to December thirty-first in the current year; but so 
much thereof as authorizes its submission to the city council 
shall take effect upon its passage. 

Approved March 23, 1921. 



Acts, 1921. — Chap. 140. 135 



An Act relative to primary elections in the city of (JJiqjj X40 

MEDFORD. 

Be it enacted, etc., as follows: 

Section 1. Except as otherwise provided herein, there Primary eiec- 
shall not be printed on the official ballots to be used at any SoJd^"^ °^ 
biennial or special city election in the city of Medford the 
name of any person as a candidate for any elective office unless 
such person be nominated as such candidate at a city primary 
election to be held as pro\'ided in this act. There shall not 
be printed on the official ballots to be used at a city primary 
election the name of any person as a candidate unless such 
person shall have filed, witliin the time hmited by section 
four of this act, the statement of the candidate and the pe- 
tition accompanying the statement described in said section. 

Section 2. Except as other^^dse pro\aded herein, on the Date of city 
second Tuesday preceding every city election there shall be tioX'^e'tc.*""'' 
held a city primary election for the purpose of nominating 
candidates for elective offices. No special election shall be 
held until after the expiration of forty days from the calling 
of the special city primary election, which shall be held 
on the second Tuesday preceding such special election. At ^^'^®'"{i-n° *° 
every city primary election the polls shall be kept open hours, etc. 
during such hours as shall be fixed by the board of aldermen 
and, except as otherwise provided in this act, every such city 
primary election shall be called by the same officers and 
held in the same manner as a regular city election, and 
polling places shall be designated, proA-ided and furnished, 
official ballots, special ballots, ballot boxes, voting lists, 
specimen ballots, blank forms, apparatus and supplies shall 
be provided for every such city primary election of the same 
number and kind, and in the same manner and by the same 
oflScials as at a regular city election, and the same election 
officers shall officiate as at a regular city election. 

Section 3. The pro\'isions of law relating to election Certain eiec- 
officers, voting places for elections, election apparatus and appiy!'^xce°pt, 
blanks, calling and conduct of elections, manner of voting ^*''" 
at elections, counting and recounting of votes at elections, 
corrupt practices and penalties, shall apply to the city pri- 
mary elections, except as otherwise provided in this act. 

Section 4. Any person who is qualified to vote for a Names of 
candidate for an elective office, and who is a candidate for appeLr'^upon" 
nomination for the said oflSce may have his name as such p"'"'*'"^ ^^"°*- 



136 



Acts, 1921. — Chap. 140. 



Proviso. 



candidate printed on the official ballots to be used at a city 
primary election; provided that he shall, at least ten days 
prior to such city primary election, file with the city clerk a 
statement in writing of his candidacy in substantially the 
following form : — 



Form of state- 
ment of candi- 
date. 



STATEMENT OF CANDIDATE. 

I ( ), on oath declare that I reside at 

(number, if any) on (name of street), in the city of ]\Iedford, 
that I am a voter therein qualified to vote for a candidate 
for the hereinafter mentioned office; that I am a candidate 
for nomination for the office of (name of office) for (state the 
term), to be voted for at the city primary election to be held 
on Tuesday, the day of , 19 , and I 

request that my name be printed as such candidate on the 
official ballots to be used at said city primary election. 

(Signed) 



Petition to be 
filed. 



THE COMMONWEALTH OF MASSACHUSETTS. 

Middlesex, ss. 

Subscribed and sworn to on this day 

of , 19 , before me. 

(Signed) 

Justice of the Peace. 
(Or Notary Public.) 
My commission expires 

Every such candidate shall at the same time file with the 
statement the petition of at least twenty-five voters of the 
city qualified to vote for a candidate for said office. The 
petition shall be in substantially the following form : — 



Form of 
petition. 



PETITION ACCOMPANl'ING STATEMENT OF CANDIDATE. 

Whereas (name of candidate) is a candidate for nomination 
for the office of (name of office) for (state the term), we, the 
undersigned voters of the city of Medford, duly qualified to 
vote for a candidate for the said office, hereby request that 
the name of said (name of candidate) as a candidate for nomi- 
nation for said office, be printed on the official ballots to be 
used at the city primary election to be held on the 
Tuesday of , 19 . We further state 

that we believe him to be of good moral character and quali- 
fied to perform the duties of the office. 



Acts, 1921. — Chap. 140. 137 



Name of Voter. 



Street Number, if any. I Street. 



Section 5. On the first day, not being Sunday or a Publication 
legal holiday, following the expiration of the time for filing cindidates. 
the above described statements and petitions, and pro\'iding 
there are thi'ee or more candidates, the city clerk shall cause 
to be published in one or more newspapers published in the 
city the names and residences of the candidates for nomina- 
tion who have duly filed the above mentioned statements 
and petitions, as they are to appear on the official ballots to 
be used at the city primary election. The city clerk shall Preparation of 
thereupon prepare the ballots to be used at the city primary 
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 said election. They shall be headed as follows : — 

OFFICIAL PRIMARY BALLOT. 

Candidates for nomination for (name of office) of the city Form of official 
of Medford. At a city primary election held on the ^""''''^ ^^"°*- 

day of , in the year nineteen hundred and 

Section 6. Except as other\dse provided herein, the what names to 
name of each person who has filed a statement and accom- hl\&"^ °° 
panymg petition as aforesaid, and liis residence and the title 
and term of the office for which he is a candidate for nomina- 
tion shall be printed on said ballots, and the names of no 
other candidates shall be printed thereon. 

Section 7. No ballot used at anv citv primarv election Party or pouti- 
shall have printed thereon any party* or political designation tTo'nfS'" 
or mark, and there shall not be appended to the name of any '''^'*^'^- 
candidate any such party or political designation or mark, 
or anything showing how he was nominated, or indicating 
his views or opinions. 

Section 8. Voters qualified to vote at city elections shall St^'voir"" 
be qualified to vote at the city primary elections. 

Section 9. The election officers shall immediately, upon Counting of 
the closing of the polls at city primary elections, count the ^^^^°*'' ^^'' 



138 



Acts, 1921. — Chap. 140. 



Canvass of 
returns and 
publication of 
result. 



Nominations, 
how deter- 
mined. 



Tie vote. 



Persons filing 
statements 
shall be deemed 
nominated, 
when. 



Election, how 
determined. 



Certain elec- 
tion laws to 
apply. 



To be sub- 
mitted to 
voters, etc. 



ballots and ascertain the number of votes cast in the voting 
places where they officiate, for each person for nomination 
for any office, and shall make return thereof to the city clerk 
forthwith upon blanks to be furnished as in city elections. 

Section 10. On the first day, not being a legal hohday, 
following the city primary election, the city clerk shall can- 
vass the returns so received from the election officers, and 
shall forthwith publish the result of the canvass in one or 
more newspapers published in said city. 

Section 11. Except as otherwise pro\ided herein, the 
two persons receiving at a city primary election the highest 
number of votes for nomination for any 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 for the making of nomina- 
tions for which the city primary election was held. 

If the primary election results in a tie among candidates 
for nomination recei^'ing the smallest number of votes which, 
but for the tie, would enable the person receiving such number 
to have his name printed upon the official ballots for the 
election, candidates participating in such tie vote shall have 
their names printed upon the official ballots. 

Section 12. If, at the expiration of the time for filing 
statements of candidates to be voted for at any city primary 
election, not more than two such statements have been filed 
with the city clerk for any office, then the candidates whose 
statements have thus been filed shall be deemed to have 
been nominated for that office, and their names shall be 
used at the city election. 

Section 13. At city elections, other than the above de- 
scribed city primary elections, the person receiving the 
highest number of votes for any office shall be deemed and 
declared elected to that office. 

Section 14. Except as otherwise provided in this act, 
the laws of the commonwealth governing city elections, 
special elections of city officers and special elections in cities 
shall, so far as applicable, govern such elections in the said 
city. 

Section 15. This act shall be submitted to the voters of 
the city of Medford for their acceptance at the regular city 
election in the current year in the form of the following 
question to be placed upon the official ballot : — " Shall chap- 
ter of the acts of nineteen hundred and 
twenty-one, being an act relative to primary elections in the 



Acts, 1921. — Chaps. 141, 142. 139 

city of Medford, be accepted?" If a majority of the voters 
voting thereon shall vote in the affirmative then this act 
shall take effect, but not otherwise. 

Approved March 23, 1921. 



An Act relative to group life insurance. C/iap. 141 

Be it enacted, etc., as follows: 

Section one hundred and thirty-three of chapter one hun- g. l. 175, § 133, 
dred and seventy-five of the General Laws is hereby amended '*™^" ^ 
by inserting after the word "employment, ", in the sixth and 
seventh lines, the words : — or by dm-ation of service in 
which case no employee shall be excluded if he has been 
for one year or more in the employ of the person taking out 
the policy, — so as to read as follows: — Section 133. Group Group ufe 
life insurance is hereby defined to be that form of Hfe in- dXned.''^ 
surance covering not less than fifty employees, with or without 
medical examination, written under a policy issued to the 
employer, the premium on which is to be paid by the em- 
ployer or by the employer and employees jointly, and in- 
suring only all of his employees, or all of any class or classes 
thereof determined by conditions pertaining to the employ- 
ment, or by duration of ser\ace in which case no employee 
shall be excluded if he has been for one year or more in the 
employ of the person taking out the policy, for amounts of 
insurance based upon some plan precluding indi\'idual selec- 
tion, and for the benefit of persons other than the employer: 
provided, that when the premium is to be paid by the em- Proviso. 
ployer and employee jointly and the benefits of the policy 
are offered to all eligible employees, not less than seventy- 
five per cent of such employees may be so insured; or not 
less than forty per cent if each employee belonging to the 
insured group has been medically examined and found ac- 
ceptable for ordinary insurance by an individual policy. 

Approved March 23, 1921. 



An Act relative to the charter of the annisquam (7/iap.l42 

MUTUAL fire INSURANCE COMPANY. 

Be it enacted, etc., as follows: 

Section one of chapter seventy-two of the acts of eighteen 1847, 72, § 1, 
hundred and forty-seven is hereby amended by striking out, '''"^° 



140 



Acts, 1921. — Chap. 143. 



Annisquam 

Mutual Fire 

Insurance 

Company, 

powers, 

restrictions, 

etc. 



in the fifth Hne, the words "for the term of twenty-eight 
years,", and also by striking out all after the word "prop- 
erty,", in the seventh line, and inserting in place thereof the 
following : — , wherever located, with all the powers and 
privileges, and subject to all the Habihties, duties and re- 
strictions, set forth in chapter one hundred and seventy-five 
of the General Laws and in anj' subsequent laws, so far as 
the same are applicable to this corporation, — so as to read 
as follows: — Section 1. Timothy A. Smith, Wilham L. 
Langsford, and Michael Duley, their associates and successors, 
are hereby made a corporation, by the name of the Annisquam 
Mutual Fire Insurance Company in Gloucester, in the 
county of Essex, for the purpose of insuring upon dwelling- 
houses and other buildings, and on personal property, wher- 
ever located, with all the powers and privileges, and subject 
to all the Habilities, duties and restrictions, set forth in 
chapter one hundred and seventy-five of the General Laws 
and in any subsequent laws, so far as the same are applicable 
to this corporation. Approved March 23, 1921. 



1896, 516, § 4, 
amended. 

Boston 

Terminal Com- 
pany may 
borrow 
money by 
issue of deben- 
ture bonds. 



C/iap.l43 An Act authorizing the boston terminal company to 

BORROW money BY THE ISSUE OF DEBENTURE BONDS. 

Be it enacted, etc., as follows: 

Section four of chapter five hundred and sixteen of the 
acts of eighteen hundred and ninety-six is hereby amended 
by adding at the end thereof the following : — Said terminal 
company to provide means to carry out the purposes of this 
act may also from time to time issue its debenture bonds to 
such an amount and upon such terms and conditions, both 
as to sale and, if sold below par, as to amortization of dis- 
count, as may be approved by the department of public 
utilities, in smns of not less than one hundred dollars each, 
and not to exceed, in the aggregate, three milhon dollars 
payable at periods not to exceed one hundred years from the 
date thereof, bearing interest at a rate not to exceed eight 
per cent per annum, payable annually, semi-annually, or 
quarterly. No such bond shall be issued unless approved in 
writing by at least three of the trustees of the corporation. 
Said railroad companies, their successors and lessees may 
jointly or severally or jointly and severally guarantee said 
debenture bonds as to principal or interest or both. 

Approved March 23, 1921. 



Acts, 1921. — Chaps. 144, 145. 141 



An Act relative to vouchers for disbursements by Chap. 14:4: 

DOMESTIC INSURANCE COMPANIES. 

Be it enacted, etc., as follows: 

Section thirty-seven of chapter one hundred and seventy- ^^j^^- 1!5' ^ ^''• 
five of the General Laws is hereby amended by inserting 
after the word "more", in the second Hne, the words: — , 
except disbursements on account of return premiums on 
cancelled policies, — so as to read as follows : — Section 37. vouchers for 
No domestic company shall make any disbursements of by domestic 

/, , ,, J !• 1 J J insurance com- 

twenty-nve dollars or more, except disbursements on account panies. 
of return premiums on cancelled policies, unless the same be 
evidenced by a voucher signed by or on behalf of the person 
receiving the money and correctly describing the considera- 
tion for the payment; and if the same be for services and 
disbursements, setting forth the services rendered and an 
itemized statement of the disbursements made; and if it be 
in connection with any matter pending before any legislature 
or public body, or before any department or officer of any 
government, correctly describing in addition the nature of 
the matter and of the interest of such company therein; or 
if such a voucher cannot be obtained, by an affidavit stating 
the reason for not obtaining such voucher, and setting forth 
the particulars above mentioned. 

Approved March 23, 1921. 



An Act to shorten the period of daylight saving, Chap. 145 

SO-CALLED. 

Whereas, The deferred operation of this act would in part Emergency 
defeat its purpose, 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 ten of chapter four of the General Laws is hereby g. l. 4, § lo. 
amended by striking out, in the second and ninth fines, the '*'"^" 
word "March", and inserting in place thereof the word: — 
April, — and also by striking out, in the fourth and ninth 
fines, the word "October", and inserting in place thereof the 
word : — September, — so as to read as follows : — Section Daylight sav- 
10. At two o'clock ante-meridian of the last Sunday in how effected.' 



rules, contracts, 



142 Acts, 1921. — Chap. 146. 

April of each year, the standard time in this commonwealth 
shall be advanced one hour, and at two o'clock ante-meridian 
of the last Sunday in September of each year the standard 
time in this commonwealth shall, by the retarding of one 
hour, be made to coincide with the mean astronomical time 
of the degree of longitude governing the zone wherein the 
commonwealth is situated, the standard official time of which 
is described as United States standard eastern time, so that 
between the last Sunday of April at tw^o o'clock ante-meridian 
and the last Sunday in September at two o'clock ante- 
meridian in each j^ear the standard time in this common- 
wealth shall be one hour in advance of the United States 
Time of per- Standard eastern time. And in all laws, statutes, orders, 

formance, etc., , , , ,. ,. i-r> 

of certain acts, aecrces, rulcs and regulations relatmg to the tmie oi per- 

etc, under laws, p n ,i rr- ^ , , i> ,^ 

orders, decrees, lormauce 01 auy act by any omcer or department oi the 
commonwealth, or of any county, city, town or district 
thereof, or relating to the time in which any rights shall 
accrue or determine, or within which any act shall or shall 
not be performed by any person subject to the jurisdiction 
of the commonwealth, and in all the public schools and in 
all institutions of the commonwealth, or of any county, 
city, town or district thereof, and in all contracts or choses 
in action made or to be performed in the commonwealth, 
it shall be understood and intended that the time shall be 
United States standard eastern time as changed by this 
section. Approved March 23, 1921. 



Chap. 14:6 An Act to change the name of the overseers of the 

POOR IN THE CITY OF BOSTON TO OVERSEERS OF THE 
PUBLIC WELFARE IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

fhrpubiic"' Section 1. The Overseers of the Poor in the City of 

afy^'offios-^^ Boston, incorporated April twenty-fifth, seventeen hundred 

to^^he. and seventy-two, and so named by chapter one hundred and 

twenty-eight of the acts of eighteen hundred and sixty-four, 

shall hereafter be known as The Overseers of the Public 

Welfare in the City of Boston, but said change of name 

shall in no respect affect the rights, powers or duties of said 

overseers. 

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

Approved March 25, 1921. 



Acts, 1921. — Chaps. 147, 148. 143 



An Act to revive the cil\rter of the associated mer- (Jfiaj) 147 

CHANTS MUTUAL INSURANCE COMPANY. 

Whereas, The deferred operation of this act would cause Emergency 
great inconvenience and expense, therefore it is hereby de- ^^^^ 
clared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 

The Associated Merchants Mutual Insurance Company, Associated 
a corporation whose charter expired August ninth, nine- Muuiafinsur- 
teen hundred and twenty, by virtue of section thirty-one of charter°?^vtvJd. 
chapter five hundred and seventy-six of the acts of nineteen 
hundred and seven, is hereby revived with the same powers, 
duties and obligations as if the period mentioned in said 
section had not expired; pro^'ided that its corporate powers 
shall cease unless it commences to issue policies witliin one 
year after the date of the passage of this act. 

Approved March 25, 1921. 



An Act authorizing the county of Plymouth to pro- Phnj^ ^40 

TECT, FORTIFY AND REPAIR THE PIERS, ABUTMENTS AND 
OTHER PARTS OF UNION BRIDGE OVER NORTH RIVER BE- 
TWEEN THE TOWNS OF MARSHFIELD AND NORWELL. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of fou"y"may 
Plymouth, subject to the provisions of chapter ninety-one of ^^c'^'^'arte of"^' 
the General Laws and of other laws which ma}' be applicable, union bridge 
are hereby authorized and directed, within one year after river between 
the passage of this act, to protect, fortify and repair the piers fi°eTd Ind 
and abutments of Union bridge, so-called, over North river ^°''*®'^- 
between the towns of INIarshfield and Norwell, and to pro- 
tect, fortify and repair such other parts of said bridge as 
may be necessary to protect said bridge against the current, 
the flow of ice and other incidents of the flow of water in 
said North river. The whole work shall be done subject to 
the approval of the division of water ways and public lands 
of the department of public works. 

Section 2. The expense incurred under this act shall not Limit of 
exceed the sum of fifteen thousand dollars, and said county Mrylssue 
commissioners are hereby authorized to borrow on the credit °°*^®^' ^^'^- 



144 Acts, 1921. — Chaps. 149, 150. 

of the county, and to issue notes of the county therefor, such 
sums not exceeding said amount as may from time to time 
be required for the cost and expense aforesaid. Such notes 
shall be payable by such annual payments, beginning not 
more than one year after the date thereof, as will extinguish 
each loan within five years from its date. 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 shall constitute a 
separate loan. All amounts so borrowed shall be deposited 
in the county treasury, and the treasurer of the county shall 
pay out of the same such sums as are authorized by the 
county commissioners. 
wst^^"*°^ Section 3. The total cost and expense of the work au- 

thorized by this act shall be borne by the county of Plymouth, 
and thereafter the cost of the maintenance and operation of 
the said bridge shall be borne equally by the towns of Norwell 
and Marshiield. 

Section 4. This act shall take effect upon its passage. 

Approved March 25, 1921. 



C/iap. 149 An Act reviving the corporation known as a. bass 

COMPANY. 

^^mbfe*'^ Whereas, The deferred operation of this act would cause 

great inconvenience and tend to defeat its purpose, therefore 
it is hereby declared to be an emergency law, necessary for 
the immediate preser\'ation of the public convenience. 

Be it enacted, etc., as folloivs: 

pan^TeWv^'. ^^^ ^' ^^^^ Company, a corporation which was dissolved 
by chapter two hundred and twelve of the acts of nineteen 
hundred and twenty, is hereby revived with the same powers, 
duties and obligations as if the said act had not been passed. 

Approved March 25, 1921. 



Chap. 150 An Act reviving the corporation known as the sun 

AMERICAN PUBLISHING COMPANY. 

prTambiT^ Whcrcos, The deferred operation of this act would cause 

great inconvenience and expense, therefore it is hereby de- 
clared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 



Acts, 1921. — Chaps. 151, 152. 145 

Be it enacted, etc., as folloics: 

The Sun American Publisliing Company, a corporation Sun American 
dissolved by chapter one hundred and eleven of the Special Comply, 
Acts of nineteen hundred and nineteen, is hereby revived ^^"^^^ ' 
with the same powers, duties and obligations as if the said 
chapter had not been passed. Approved March 25, 1921. 

An Act to enable the county of Middlesex to provide Chav 151 

ADEQUATE ACCOMMODATIONS IN THE CITY OF MALDEN FOR 
THE FIRST DISTRICT COURT OF EASTERN MIDDLESEX. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter five hundred and one 1920, 5oi, §2, 
of the acts of nineteen hundred and twenty is hereby amended ^'^®"^'''^- 
by striking out, in the third line, the word "one", and in- 
serting in place thereof the word : — two, — so as to read as 
follows: — Section 2. For the purposes aforesaid, the county Middlesex 
commissioners of the county of ]\liddlesex are hereby au- may issue bonds 
thorized to borrow a sum not exceeding two hundred thou- adi'qulte'' 
sand dollars, and to issue bonds or notes of the county uo^nrin cfty of 
therefor. Such bonds or notes shall be payable by such firgi'^drstrkt 
annual payments, beginning not more than one year after ^^^^^^"^ 
the date of each loan, as will extinguish the loan within Middlesex, 
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. 
The county 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, except 
premiums, shall be used only for the purposes herein specified. 
Premiums receiA'ed on account of loans hereby authorized 
may be used to pay the cost of issuing the bonds or notes, 
and any balance shall be held and applied to the first bond 
or note maturing. 

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

A I) proved March 25, 1921. 

An Act relative to the closed season on hares and (Jjidj) 152 

rabbits. 

Be it enacted, etc., as follows: 

Section forty-six of chapter one hundred and thirty-one of ^ni^d* d' ^ *^' 
the General Laws is hereby amended b}' inserting, in the 



146 



Acts, 1921. — Chap. 153. 



Closed season 
on hares and 
rabbits. 



Proviso. 



third line, after the word "rabbit", the words: — in Dukes 
or Nantucket county except between November fifteenth 
and February fifteenth, both dates inclusive, or in any other 
county, — so as to read as follows : — Section J^S. No 
person, except as provided in sections forty-nine, fifty-three 
and eighty-two to eighty-eight, inclusive, shall hunt, take, 
kill or have in possession a hare or rabbit in Dukes or Nan- 
tucket county except between November fifteenth and 
February fifteenth, both dates inclusive, or in any other 
county except between October twentieth and January 
thirty-first, both dates inclusive, or during the open season 
take or kill more than two northern varying hares, otherwise 
known as Canada hares, snow-shoe rabbits or white rabbits, 
or more than five rabbits in any one day, or have in possession 
more than two of the said hares or five of the said rabbits 
taken or killed in any one day; nor shall any person at any 
time buy, sell, ofi^er for sale or have in possession for the 
purpose of sale a hare or rabbit taken or killed in this com- 
monwealth, but during the open season in this common- 
wealth hares or rabbits lawfully taken without the common- 
wealth may be sold; pro\ided, that the sale thereof is lawful 
in the state or country in which they were taken. This sec- 
tion shall not apply to European hares in the county of 
Berkshire which may be taken or killed at any time. 

Approved March 25, 1921. 



Chap. 153 An Act increasing the m.-u^imum amounts of joint 

DEPOSITS IN BANKS. 



G. L. 167, § 15, 
amended. 



Be it enacted, etc., as follows: 

Section fifteen of chapter one hundred and sixty-seven of 
the General Laws is hereby amended by striking out, in the 
second and ninth fines, the word "two", and inserting in 
place thereof in each instance the word : — four, — and by 
striking out, in the fourth, fifth, eleventh and twelfth lines, 
the word "four", and inserting in place thereof in each 
instance the word : — eight, — so as to read as follows : — 
Section 15. The bank may receive deposits on the accounts 
hit ? T^T'^*^' provided for in the preceding section to the amount of four 
thousand dollars, and may allow interest upon such deposits 
and upon the interest accumulated thereon until the principal 
with the accrued interest amounts to eight thousand dollars, 
and thereafter upon no greater amount than eight thousand 
dollars. Persons ha\dng a deposit as provided for in the 



Joint deposits 
in banks, maxi- 



Acts, 1921. — Chaps. 154, 155. 147 

preceding section may also make deposits in their individual 
names, but the total amount of such deposits, both joint 
and individual, shall not exceed four thousand dollars, and 
the bank may allow interest upon such deposits and upon the 
interest accumulated thereon until the principal with the 
accrued interest on all said accounts amounts to eight thou- 
sand dollars, and thereafter upon no greater amount than 
eight thousand dollars. Approved March 25, 1921. 



An Act authorizing the reaction and benevolence (Jjidrt 154 

MUTUAL BENEFIT SOCIETY, INCORPORATED, SITUATED IN 
the CITY OF LAWRENCE TO HOLD PROPERTY. 

Be it enacted, etc., as follows: 

The corporation known as the Reaction and Benevolence Reaction and 
Mutual Benefit Society, Incorporated, situated in the city of Mululf ITnefit 
Lawrence and incorporated under the general laws, may ac- porlted may'^' 
quire by purchase, gift, grant, de\ise or bequest, and may ^oid property. 
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 March 25, 1921. 

An Act relative to certain fraternal benefit Qhav 155 

SOCIETIES. 

Be it enacted, etc., as follows. • 

Section 1 . Chapter one hundred and seventy-six of the g. l. m, § 46, 
General Laws is hereby amended by striking out section ^'"®"'^®'*- 
forty-six and inserting in place thereof the following : — 
Section 46. A domestic society which limits its membership Certain fra- 
as provided in section four, or which Hmits its membership sodetie^s^etc! 
to the members and ex-members of any social organization CusLesT^'*''* 
having a lodge system and secret form of work; or a secret conforming to 
order or fraternity which operates on the lodge system with certain provi- 

' n CD %/ SJ0Q9 01 IflW 

a representative form of government and grants insurance 
benefits as incidental only to the work of the order or fra- 
ternity; or a purely charitable association or corporation 
existing on May twenty-third, nineteen hundred and one, 
any one of which pays a death or funeral benefit limited to 
not more than two hundred dollars, disability benefits not 



148 Acts, 192L — Chap. 155. 

exceeding ten dollars a week, or any or all of such benefits 
or a domestic society which limits its membership as pro- 
vided in said section fom* to the employees of a designated 
firm, business house or corporation, or any department 
thereof, and pays disability benefits not exceeding fifteen 
dollars a week, and which is not conducted as a business 
enterprise or for profit, and a subordinate lodge of a secret 
fraternity or order as defined in this section which is not 
conducted as a business enterprise or for profit, wliich pays 
death benefits to families or dependents of deceased members 
as fixed by its by-laws, but not more than two hundred dol- 
lars if the lodge membership is two hundred or less, and if 
over two hundred not in excess of the amount of an assess- 
ment of one dollar upon each member thereof in good stand- 
ing at the time of the death of the member, may transact 
business in the commonwealth without conforming to the 
provisions of this chapter, chapter one hundred and seventy- 
five, or chapter one hundred and seventy-se\'en, except this 
Proviso. section and sections twenty-nine, thirty and thirty-six; pro- 

vided that no proceeding shall be instituted imder said section 
thirty-six because such society has a membership of less than 
four hundred. The seventh clause of section five of chapter 
fifty-nine shall apply to such a society. 
d«it^of*wife°o'f Any society transacting business under this section may, 
member Jn the cvcut of tlic death of the wife of a member, pay to said 

member a part of the amount payable at said member's 
Proviso. death; provided that the amount so paid shall be deducted 

from the amount payable at the member's death, and that 
the total amount so paid, both at the death of the member 
and of the member's wife, shall not exceed the amount 
allowed by this section to be paid at the death of a member. 
Any such society may also furnish physicians and nurses for 
its members and their families. 
Limited Any such limited societj' may be incorporated, and hmited 

howincor- fraternal benefit corporations may be formed, in the manner 
pora e , e . prescribed in and be subject to this section and to sections 
six, seven, nine, ten, twenty-nine, thirty, thirty-two and 
thirty-six and the seventh clause of section five of chapter 
fifty-nine; provided that no proceeding shall be instituted 
under said section tliirty-six because such society has a 
membership of less than four hundred. 
^tfure^to°fiie '^^^ recording officer of any organization subject to this 

copy of by- or the preceding section failing to file a certified copy of its 
by-laws with the commissioner, whenever he so requires in 



Proviso. 



Acts, 1921. — Chaps. 156, 157. 149 

writing, and also such organization shall be punished by a 
fine of not more than two hundred dollars. 

Section 2. Said chapter one hundred and seventy-six g. l. i76, new 
is hereby further amended by inserting after section forty- He!**" *^*^^' 
six the following new section to be numbered forty-six A : — 
Section 46 A. A subordinate lodge of a society with ritualistic Subordinate 
form of work and representative form of government duly may^'pay dis- 
authorized to transact business in the commonwealth under fits'withput' 
this chapter may pay disability benefits not exceeding ten certariTprovi- 
dollars a week \\'ithout conforming to the pro\isions of this ^ions of law. 
chapter, chapter one hundred and seventy-five or chapter one 
hundred and seventy-seven. Approved March 25, 1921. . 

An Act to exempt assistant registrars of voters in Qhav 156 

CERTAIN CITIES FROM CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section twenty-two of chapter fifty-one of the General ^m^iided^^^' 
Laws is hereby amended by adding at the end thereof the 
following: — Except in the city of Boston, persons appointed 
to serve temporarily as assistant registrars shall not be sub- 
ject to chapter tliirty-one, — so as to read as follows : — 
Section 22. The registrars in cities may appoint assistant Assistant 
registrars for the term of one year, beginning with April voTersIn cities, 
first, unless sooner removed by the registrars, and they shall, ^pp«»"tment, 
as nearly as may be, equally represent the different pohtical 
parties. Assistant registrars shall be subject to the same 
obligations and penalties as registrars. Registrars may re- 
move an assistant registrar, and may fill a vacancy for the 
remainder of the term. Except in the city of Boston, per- Exemption 
sons appointed to serve temporarily as assistant registrars ser^ice'iawa. 
shall not be subject to chapter thirtj'-one. 

Approved March 25, 1921. 

An Act relative to the guaranty fund and sur- (Jfiaj) 157 

PLUS ACCOUNT REQUIRED TO BE HELD BY CO-OPERATIVE 
BANKS. 

Be it enacted, etc., as follows: 

Section 1. Section forty-one of chapter one hundred and ^n^d^ii' ^ *^' 
seventy of the General Laws is hereby amended by striking 
out, in the fourth line, the words "the dues capital and 
profits capital", and inserting in place thereof the words: — 
its total liabilities, — so as to read as follows: — Section Al. Guaranty 

' ' fund of CO- 



150 



Acts, 1921. — Chap. 158. 



operative 
banks. 



Transfer to 

guaranty 

fund. 



G. L. 170, § 42, 
amended. 



Surplus 
account of 
co-operative 
banks. 



At each distribution of profits the board of directors shall re- 
serve as a guaranty fund not less than one nor more than 
five per cent of the net profits accrued since the last preceding 
adjustment, until such fund amounts to five per cent of its 
total liabilities, and the fund shall thereafter be maintained 
and held, and shall at all times be available to meet losses in 
the business of the corporation from depreciation of its se- 
curities or otherwise. The board of directors may at any 
time, by vote duly recorded, transfer to the guaranty fund 
such part of the surplus account as they deem wise. 

Section 2. Section forty-two of said chapter one hun- 
dred and seventy is hereby amended by striking out, in the 
eighth and ninth lines, the words "the dues capital and 
profits capital", and by striking out, in the eleventh line, 
the words "dues capital and profits capital", and inserting 
in place thereof in each instance the words: — its total 
liabiHties, — so as to read as follows: — Section 4^. At each 
distribution of profits not more than one per cent of the net 
profits accrued since the last preceding adjustment shall be 
credited to the surplus account unless there shall have been 
reserved and credited to the guaranty fund the maximum 
per cent of the net profits under the preceding section. Any 
such corporation may hold in its surplus account such sum 
as the board of directors may, from time to time, deem wise; 
but whenever the guaranty fund and surplus account together 
exceed five and one fourth per cent of its total liabiUties, the 
board of directors shall declare an extra dividend at such 
rate as may be necessary to apportion to the shareholders 
the accumulation in excess of five per cent of its total 
liabilities. Approved March 25, 1921. 



Chap. 158 An Act relative to the right of co-operative banks 

TO HOLD REAL ESTATE FOR THE TRANSACTION OF BUSI- 
NESS. 

Be it enacted, etc., as follows: 

Section thirty-one of chapter one hundred and seventy of 
the General Laws is hereby amended by striking out, in the 
second line, the word "account", and inserting in place 
thereof the words : — and guaranty fund accounts, — so as 
to read as follows: — Section 31. Any such corporation 
may, with the approval of the commissioner, invest a sum 
not exceeding its surplus and guaranty fund accounts in the 
purchase of a suitable site and the erection or preparation 



G. L. 170, § 31, 
amended. 



Co-o{)erative 
banks may 
hold real estate 
for transaction 
of business. 



Acts, 1921. — Chaps. 159, 160. 151 

of a suitable building for the convenient transaction of its 
business, but in no case exceeding two per cent of its dues 
capital. Approved March 25, 1921. 

An Act permitting the sale under a license of the Chav.\b''d 

UNPLUCKED bodies OF CERTAIN EUROPEAN OR GRAY 
PARTRIDGES. 

Be it enacted, etc., as follows: 

Section eighty-five of chapter one hundred and thirty-one g. l, isi, § 85, 
of the General Laws is hereby amended by inserting after '*™«'^^«'i- 
the word "plover", in the fifth Hne, the words: — , European 
or gray partridge, — so as to read as follows: — Section 85. f^^^^l^^f\^. 
Any person licensed under section eighty-six may have in tain birds and 
possession and sell the unplucked entire bodies of the fol- 
lowing species of birds imported from without the United 
States, namely, pheasants, mallard ducks, Scotch grouse, 
European black game, European black plover, European or 
gray partridge, red-legged partridge, and Egyptian or mi- 
gratory quail. Any such person may buy, sell and have in 
possession deer, moose, caribou and elk legally killed outside 
of the commonwealth and legally transported therein; pro- Provisos. 
vided, that there is attached to some part of the body of 
such deer, moose, caribou or elk the game warden's tag 
allowing the same to be shipped from the state or country 
in which it was killed; and pro^^ded, further, that before 
each bird is sold in the commonwealth, there shall be affixed 
to each carcass or body, or part thereof, a numbered tag to 
be supplied at a cost of five cents each by the director, and 
said tag shall be affixed to said body or carcass upon its 
entry into the commonwealth and be kept thereon while the 
same is within the commonwealth. 

Approved March 25, 1921. 

An Act to provide that mutual fire insurance com- Chap. 1^0 

PANIES MAY FURTHER CLASSIFY THE KINDS OF BUSINESS 
WRITTEN FOR THE PURPOSE OF APPORTIONING THE SAVINGS 
OR SO-CALLED DIVIDENDS AMONG THE POLICY HOLDERS. 

Be it enacted, etc., as follows: 

Section eighty of chapter one hundred and seventy-five of ^^aJd.' ^ ^^' 
the General Laws is hereby amended by striking out the first 
paragraph and inserting in place thereof the following : — 
From time to time the directors of a mutual fire company Mutual ere 



insurance com- 



152 



Acts, 1921. — Chap. 161, 



panies, classifi- 
cation of kinds 
of business 
written for 
purpose of ap- 
portioning 
dividends, etc. 



may by vote fix and determine the percentages of dividend 
or expiration return of premium to be paid on expiring 
policies, which may in their discretion, and with the written 
approval of the commissioner, be different for policies in- 
suring farm risks, fireproof risks, including risks equipped 
with automatic sprinkler or fire alarm systems, manufacturing 
or storage risks and, if the company is authorized to transact 
the kinds of business specified in the second clause of section 
forty-seven, for policies insuring automobile, inland marine 
and ocean marine risks, from those insuring other classes of 
risks of the same term; but policies insuring risks in this 
commonwealth in the same classification shall have an equal 
rate of dividend or return of premium. If an assessment is 
levied under section eighty-three the rate thereof may be 
different for policies insuring farm risks, fireproof risks, in- 
cluding risks equipped with automatic sprinkler or fire alarm 
systems, automobile, inland marine, ocean marine, manu- 
facturing or storage risks from that on policies insuring other 
classes of risks for the same term; but policies insuring risks 
in the same class shall have the same rate of assessment. 
Every policy placed in any of the aforesaid classes of risks 
shall, when issued, bear an endorsement to the effect that 
it is so classified. Approved March 25, 1921. 



C/ia/?.161 An Act providing for biennial municipal elections in 

THE CITY OF MEDFORD. 



Biennial munic- 
ipal elections 
in city of 
Medford. 



Terms of 
mayor and 
aldermen. 

Inauguration 
meeting, when 
held. 



Proviso. 



School com- 
mittee, terms, 
etc. 



Be it enacted, etc., as follows: 

Section 1. Beginning with the second Tuesday of 
December in the year nineteen hundred and twenty-two, 
municipal elections in the city of Medford, for the choice of 
the mayor, members of the board of aldermen and members 
of the school committee shall be held biennially, on the 
second Tuesday of December in every even-numbered year. 

Section 2. The terms of the mayor and aldermen of 
said city shall be for two years and until their successors are 
duly elected and qualified in their stead. The inauguration 
meeting of the city government shall be held at eight o'clock 
in the evening, on the first Monday of January following the 
election of its members; provided that if the first Monday 
of January falls on a holiday, the said meeting shall take 
place at the same time on the following day. 

Section 3. At the biennial municipal election to be held 
in nineteen hundred and twenty-two, and at every biennial 



Acts, 1921. — Chap. 162. 153 

election thereafter, all members of the school committee to 
be elected shall be chosen for terms of four years each. The 
members of the said committee elected in nineteen hundred 
and twenty, whose terms of office would under existing law 
expire in the year nineteen hundred and twenty-four shall 
continue to hold office until the election and qualification of 
their successors, who shall be elected at the biennial election 
in the year nineteen hundred and twenty-four. 

Section 4. The provisions of chapter three hundred and Repeal, 
forty-five of the acts of nineteen hundred and three that are 
inconsistent with this act are hereby repealed. 

Section 5. Tliis act shall be submitted to the voters of ^°tte/t(!'" 
the city of Medford for their acceptance at the municipal voters, etc. 
election in the current year in the form of the following 
question to be printed on the official ballot: "Shall an act 
passed by the general court in the year nineteen hundred 
and twenty-one entitled 'An Act providing for biennial mu- 
nicipal elections in the city of Medford' be accepted?" If 
a majority of the voters, voting thereon, vote in the affirma- 
tive in answer to said question, then this act shall take effect 
in said city, otherwise it shall not take effect. 

Approved March 25, 1921. 

An Act authorizing the town of Plymouth to erect Qhn^ igo 

A WHARF AND PUBLIC LANDING. 

Be it enacted, etc., as follows: 

Section 1. The town of Plymouth may erect and main- Town of 
tain a wharf and public landing on land now owned by said authS^iied to 
town or to be acquired by it on the easterly side of Water andVubu^^ 
street at its junction \vith Park avenue, and for the said '^"'•'"s- 
purpose may purchase, or take by eminent domain under 
chapter seventy-nine of the General Laws, land Ijing be- 
tween Water street and low water mark in Plymouth harbor 
and l>ing north of the northerly line of land owned by said 
town near the said junction. 

Section 2. The powers conferred by this act may be selectmen's 
exercised by the selectmen, who shall also have power to ^"'^''^" 
make rules and regulations governing the use of the said 
wharf as a public landing, and shall have authority to ap- Appointinent 
point a custodian of the wharf and to fix his compensation etc!"^ ° '^"' 
to be paid by the town. 

Section 3. For the purpose of acquiring said land and pfy'^outh, 
of erecting said wharf, the town of Plymouth may borrow, P"'''''' Landing 



154 



Acts, 1921.— Chaps. 163, 164. 



To be sub- 
mitted to 
voters, etc. 



Proviso. 



192^"' ^"^ °^ within the statutory Umit of indebtedness, such sums as 
may be necessary, and may issue bonds or notes therefor 
which shall bear on their face the words. Town of Plymouth 
Public Landing Loan, Act of 192L Each authorized issue 
shall constitute a separate loan and such loan shall be payable 
in not more than ten years. Any indebtedness incurred 
under this act shall otherwise be subject to chapter forty-four 
of the General Laws. 

Section 4. This act shall be submitted to the voters of 
the town of Plymouth, at any time within three years after 
its passage, either at an annual meeting, or at a special 
meeting called for the purpose by the selectmen in the same 
manner in which an annual meeting is called; and it shall 
take effect upon its acceptance by a majority of the voters 
present and voting thereon; provided that not more than 
one such special meeting shall be called in any calendar year. 
So much of tliis act as authorizes its submission shall take 
effect upon its passage. Approved March 25, 1921. 

Chap. 163 An Act to make uniform the awarding of compensa- 
tion TO SPECIAL MASTERS. 

Be it enacted, etc., as follows: 

Section fifty-five of chapter two hundred and twenty-one 
of the General Laws is hereby amended by striking out, in 
the first Hne, the words "or superior court", and inserting in 
place thereof the words: — com-t, the superior court or the 
probate court, — so as to read as follows: — Section 55. 
The supreme judicial court, the superior court or the probate 
court shall award reasonable compensation to commissioners, 
assessors, referees, masters in chancery and special masters, 
for duties performed under the direction of said court, and 
to arbitrators appointed under chapter two hundred and 
fifty-one upon whose awards judgment is entered, which 
shall be paid by the counties in which they are appointed. 
Reasonable traveling expenses shall also be allowed in the 
same manner as is provided for auditors. 

Approved March 25, 1921. 

C/iap. 164 An Act relative to the powers of officers and in- 
spectors OF THE DEPARTMENT OF PUBLIC SAFETY. 

Be it enacted, etc., as follows: 

Chapter one hundred and forty-seven of the General 
Laws is hereby amended by striking out section two and 



G. L. 221, § 55, 
amended. 



Compensation 
of masters, 
etc. 



G. L. 147, § 2 
amended. 



Acts, 1921. — Chap. 165. 155 

inserting in place thereof the following: — Section 2. ^^ ^^hYic^l^ty'f 
officers and inspectors of the department shall have and Pflj^gj^g °|,jj 
exercise throughout the commonwealth the powers of con- inspectors. 
stables, police officers and watchmen, except as to serxdce of 
civil process. The governor may command their serxices in 
suppressing riots and in preserving the peace. The com- 
missioner may detail any officer or inspector in the division 
of inspection or in the division of fire prevention for tempo- 
rary service in the division of state police. The commissioner, 
with the approval of the governor, may authorize the officers 
and inspectors of the department to carry badges, revolvers, 
clubs, handcuffs and twisters, or such other articles as may 
be required in the performance of their duties. 

Approved March 25, 1921. 

An Act relative to the allowance of agents' bal- Chap.X^b 

ANCES ON FOREIGN BUSINESS AS ASSETS OF INSURANCE 
COMPANIES. 

Be it enacted, etc., as folloivs: 

Section 1. Section one of chapter one hundred ^nd g^^-^/^^' ^ *' 
seventy-five of the General Laws is hereby amended by in- 
serting after the word "due", in the forty-third line, the 
words : — , or in the case of business originating outside the 
North American continent, Hawaii, Porto Rico, Cuba and 
the West Indies not more than six months due, — so that 
the paragraph included within lines thirty-eight to forty-six, 
inclusive, \vill read as follows: — " Net assets", the funds of a insurance 
company available for the payment of its obligations in the ^ "'^i°™- 
commonwealth, including, in the case of a mutual fire com- 
pany, its deposit notes or other contingent funds, and, in the 
case of a mutual marine company its subscription fund and 
premium notes absolutely due, and also including uncollected 
and deferred premiums not more than three months due, or 
in the case of business originating outside the North Ameri- 
can continent, Hawaii, Porto Rico, Cuba and the West 
Indies not more than six months due, on policies actually in 
force, after deducting from such funds all unpaid losses and 
claims, and claims for losses, and all other debts and lia- 
biUties inclusive of net value of policies and exclusive of 
capital. 

Section 2. Section twenty-five of said chapter one hun- o. l. 175. § 25, 
dred and seventy-five is hereby amended by striking out '^^^^ 
item thirty-two (6) in form A thereof and inserting in place change in 

Form A, 



156 



Acts, 1921. — Chap. 166. 



insurance 
companies 



me^n't^'of^*''^^ thcrcof the following: — (6) agents' balances representing 
business written within the North American continent, 
Hawaii, Porto Rico, Cuba and the West Indies, prior to 
October first and agents' balances representing business 
written elsewhere prior to July first. 

Approved March 25, 1921. 



Chap.lGQ An Act relative to the collection of certain charges 

AND FEES BY THE COMMISSIONER OF INSURANCE. 



G. L. 175, § 14, 
amended. 



Collection of 
certain charges 
and fees by 
the commis- 
sioner of 
insurance. 



Be it enacted, etc., as follows: 

Section fourteen of chapter one hundred and seventy-five 
of the General Laws is hereby amended by striking out, in 
the twenty-third line, the word "twelve", and inserting in 
place thereof the words: — twenty cents a page and for 
copies of tabulations forty, — so as to read as follows: — 
Section 14- He shall collect and pay to the commonwealth 
charges and fees as follows: for valuation of life policies of 
a domestic company, two and one half mills for each thou- 
sand dollars of insurance; for each examination prior to 
granting a Ucense or a certificate of authority to issue policies 
of insurance or annuity or pure endowment contracts as 
provided in sections four and thirty-two, thirty dollars; for 
filing copy of charter or deed of settlement of each foreign 
company under section one hundred and fifty-one, thirty 
dollars; and for filing financial statement with application 
for admission under section one hundred and fifty-one and 
for each annual statement under section twenty-five, twenty 
dollars; for each license or renewal thereof to a special in- 
surance broker under section one hundred and sixty-eight, 
twenty dollars; for each license or renewal thereof to an 
insurance broker under section one hundred and sixty-six, 
ten dollars ; for each license or renewal thereof to an insurance 
agent of a foreign company under section one hundred and 
sixty-three, two dollars; for each license or renewal thereof 
to an adjuster of fire losses under section one hundred and 
seventy-two, two dollars; for each certificate of the valua- 
tion of the policies of any life company and for each certificate 
of the examination, condition or qualification of a company, 
two dollars; for each certificate issued under section sixteen, 
two dollars; for each service of lawful process upon him as 
attorney, under section one hundred and fifty-one, two dol- 
lars; for each copy of any paper on file in his office, twenty 
cents a page and for copies of tabulations forty cents a page 



Acts, 1921. — Chap. 167. 157 

and one dollar for certifying the same; and all other fees and 
charges due and payable to the commonwealth for any 
official act or ser\ice of the commissioner. 

Approved March 25, 1921. 

An Act exempting certain corporations from the Chap.lG7 

INSURANCE LAWS. 

Be it enacted, etc., as follows: 

Section one hundred and eighteen of chapter one hundred Pjj|- '^^' 
and seventy-five of the General Laws is hereby amended by amended, 
inserting after the word "survivors", in the thirteenth line, 
the words : — ; provided that corporations incorporated for 
any educational, charitable, benevolent or religious purpose 
shall not be deemed life companies and shall not be subject 
to this chapter, — so as to read as follows: — Section 118. Definition of 

All • I • 1 • • 1 111 life insurance 

All companies domg busmess m the commonwealth under company, 
any charter, compact, agreement or statute of this or any 
other state, involving the payment of money or other thing 
of value to families or representatives of policy and certificate 
holders or members, conditioned upon the continuance or 
cessation of human life, or invohing an insurance, guaranty, 
contract or pledge for the payment of endowments or annui- 
ties, shall be deemed to be life companies, and shall not make 
any such insurance, guaranty, contract or pledge in the 
commonwealth, or to or with any resident thereof, which 
does not distinctly state the amount of benefits payable, the 
manner of payment and the consideration therefor, nor any 
such insurance, guaranty, contract or pledge the performance 
of which is contingent upon the payment of assessments 
made upon survivors; pro\dded that corporations incorpo- Proviso, 
rated for any educational, charitable, benevolent or religious 
purpose shall not be deemed life companies and shall not be 
subject to this chapter. Nothing herein relating to the con- 
sideration for the policy shall apply to any extra compensa- 
tion which may be charged by a company to the insured for 
engaging in military or naval ser\dce in time of war. 

All life insurance hereafter transacted by the corporations Corporations 
which formerly issued poHcies on the assessment plan under ment*pkn^^' 
chapter four hundred and twenty-one of the acts of eighteen 
hundred and ninety and acts in amendment thereof shall be 
carried on in accordance with this chapter; but such corpo- 
rations may carry out in good faith their assessment contracts 
made with their members prior to July first, eighteen hun- 
dred and ninety-nine. Approved March 25, 1921. 



158 



Acts, 1921. — Chaps. 168, 169. 



Chap. 168 An Act to protect persons entitled to the proceeds 

OF LIFE insurance AND ANNUITY POLICIES AND THE IN- 
COME THEREFROM WHEN RETAINED BY LIFE INSURANCE 
COMPANIES. 



G. L. 175, new 
section after 
§119. 

Proceeds of life 
insurance and 
annuity policies 
and the in- 
come arising 
therefrom, per- 
sona entitled 
to, protected. 



Be it enacted, etc., as follows: 

Chapter one hundred and seventy-five of the General 
Laws is hereby amended by inserting after section one hun- 
dred and nineteen the following new section: — Section 119 A. 
If, under the terms of any annuity contract or policy of life 
insurance, or under any written agreement supplemental 
thereto, issued by any domestic life company, the proceeds 
are retained by such company at maturity or otherwise, no 
person entitled to any part of such proceeds, or any instal- 
ment of interest due or to become due thereon, shall be per- 
mitted to commute, anticipate, encumber, alienate or assign 
the same, or any part thereof, if such permission is expressly 
withheld by the terms of such contract, policy or supple- 
mental agreement; and if such contract, policy or supple- 
mental agreement so pro\ides, no payments of interest or of 
principal shall be in any way subject to such person's debts, 
contracts or engagements, nor to any judicial processes to 
levy upon or attach the same for payment thereof. No such 
company shall be required to segregate such funds but may 
hold them as a part of its general corporate funds. 

Approved March 25, 1921. 



Chap.169 An Act authorizing the city of boston to utilize 

SCHOOLHOUSE PROPERTY AS WAR MEMORIAL BUILDINGS 
AND THE LIKE. 

Be it enacted, etc., as follows: 

Section 1. The mayor of the city of Boston, the school 
committee and the schoolhouse commissioners of said city, 
acting jointly, are hereby established and created a board 
with power to transfer to the mayor and city council of said 
city, for the purpose of pro\dding quarters for, or the erection 
thereon of memorial buildings to, the veterans of the Civil, 
Spanish or World War, the custody and control of any land 
or buildings owned by said city and heretofore used for school 
purposes, which at the time of transfer are not needed for 
such purposes, and as to which the school committee, by a 



City of Boston 
may utilize 
schoolhouse 
property as 
war memorial 
buildings. 



Acts, 1921. — Chaps. 170, 171. 159 

majority vote of all its members, has voted that it is ad- 
visable to so transfer such custody and control. 

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 city council, 
its charter, provided that such acceptance occurs prior to proviso. 
December thirty-first in the current year. 

Approved March 25, 1921. 

An Act relative to the distribution of copies of the Chap. 170 

JOURNALS of the HOUSE OF REPRESENTATIVES OF MASSA- 
CHUSETTS FROM SEVENTEEN HUNDRED AND FIFTEEN TO 
SEVENTEEN HUNDRED AND EIGHTY. 

Be it enacted, etc., as follows: 

Chapter four hundred and thirteen of the acts of nineteen i92o. 413, § 2. 
hundred and twenty is hereby amended by striking out 
section two and inserting in place thereof the following : — 
Section 2. The volumes purchased as aforesaid shall be dis- Distribution 
tributed by the secretary of the commonwealth as follows: hoise'^fMpre- 
One copy to the office of the said secretary; one to the state l^^ach^setts 
library; one to the free public library of each city and town ^^780°™ ^^^^ 
in the commonwealth; one to the library of congress; one 
to any library which has contributed to the work by allowing 
its original journals to be used in preparation of the said 
publication; twenty-five copies to the librarian of the state 
library for purpose of exchange; and the remainder at the 
discretion of the secretary to state and territorial libraries 
and incorporated colleges and historical societies in the com- 
monwealth. Approved March 25, 1921. 

An Act relative to the distribution of copies of Chap. 171 

TOWN RECORDS OF BIRTHS, MARRIAGES AND DEATHS PRE- 
VIOUS TO THE YEAR EIGHTEEN HUNDRED AND FIFTY. 

Be it enacted, etc., as follows: 

Chapter five hundred and sixty-two of the acts of nineteen 1920, 562, § 2, 
hundred and twenty is hereby amended by striking out sec- ^"'''°^^'^- 
tion two and inserting in place thereof the following: — 
Section 2. The volumes purchased as aforesaid shall be dis- Distribution of 
tributed by the secretary of the commonwealth as follows: towL'pr°evto^^ 
One copy to the office of the said secretary; one to the state ^ '^^°- 
library; one to the free public library of each city and town 
in the commonwealth; one to each registry of deeds in the 
commonwealth; one to the land court; one to the library 



160 



Acts, 1921. — Chap. 172. 



of congress; twenty-five copies to the librarian of the state 
Ubrary for the purpose of exchange; and the remainder at the 
discretion of the secretary to state and territorial libraries 
and incorporated colleges and historical societies in the com- 
monwealth. Approved March 25, 1921. 



G. L. 175, new 
section after 
§ 19. 



Merger of in- 
surance 
companies. 



Chap. 172 An Act relative to the merger of insurance com- 
panies. 

Be it enacted, etc., as follows: 

Chapter one hmidred and seventy-five of the General 
Laws is hereby amended by inserting after section nineteen 
the following new section to be numbered nineteen A: — 
Section 19A. Two or more domestic companies may merge 
or consolidate into one corporation, the title of which shall 
be approved by the commissioner. With the approval of 
the commissioner a domestic company may also be merged 
or consolidated with any company or companies organized 
under the law of any state of the United States into one 
corporation. In either case the companies may enter into 
and make an agreement for such merger or consolidation, 
prescribing its terms and conditions, the amount of its 
capital, if any, which shall not be a larger amount than the 
aggregate amount of capital of the merged or consolidated 
companies, and the number of shares into which it is to be 
divided. Such agreement shall be assented to by a vote of 
the majority of the board of directors of each company and 
approved by the votes of the stockholders, if anj^ owning at 
least two thirds of the stock of each company at a meeting 
called for the purpose, notice of which meeting shall be 
given in accordance with law, and also published at least 
once a week for tliree successive weeks in some newspaper 
printed in the commonwealth, and if any of the merging 
or consoUdating companies are domiciled outside of the com- 
monwealth, at least once a week for tlu-ee successive weeks 
in some newspaper printed in the town where such company 
has its principal office, or if there are no stockholders, by 
the votes of at least two tliirds of the policy holders present 
or represented at a meeting called for the purpose, notice of 
which meeting shall be given as hereinbefore pro\'ided. No 
such agreement shall be valid until approved in writing by 
the commissioner. The new company may require the re- 
turn of the original certificates of stock held by each stock- 
holder in each of the companies to be merged or consolidated 



Assent of 
directors and 
stockholders. 



Agreement, 
when valid. 



Acts, 1921. — Chap. 173. 161 

and issue in lieu thereof new certificates for such number of 
shares of its own stock as the stockholder may be entitled to 
receive. Upon such merger or consolidation all rights and 
properties of the several companies shall accrue to and be- 
come the property of the new company which shall succeed 
to all the obligations and liabilities of the merged or con- 
solidated companies in the same manner as if they had been 
incurred or contracted by it. The stockholders and policy Liability of 
holders of the merged or consolidated companies shall con- ln°d'i!Sicr^ 
tinue to be subject to all the liabilities, claims and demands coitfnue° 
existing against them at or before such merger or consolida- 
tion. No action or proceeding pending at the time of the 
merger or consolidation in which any or all of the companies 
merged or consolidated may be a party shall abate or be 
discontinued by reason of the merger or consolidation, but 
the same may be prosecuted to final judgment in the same 
manner as if the merger or consolidation had not taken place, 
or the new company may be substituted in place of any 
company so merged or consolidated by order of the court in 
which the action or proceeding may be pending. Nothing stock and 
in this section shall authorize the merger or consolidation pan*ies'no°t"to 
of stock companies with mutual companies. merge. 

Approved March 25, 1921. 

An Act relative to the commitment of school Chav 173 

OFFENDERS IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section one of chapter seventy-seven of the General Laws g. l. 77, § 1, 
is hereby amended by inserting after the word "from", in '''"^"'^^''■ 
the eighteenth line, the word: — Boston, — and by inserting 
after the word "but", in the twenty-fourth line, the word: 
— Boston, — so as to read as follows: — Section 1. The Certain 
county commissioners of each county, except Barnstable, m:^n\afn^° 
Berkshire, Franklin, Hampshire, Dukes, Nantucket and school"^ 
Suffolk, shall maintain either separately or jointly with the ^oS'^nd'pay- 
commissioners of other counties as hereinafter provided, in ™ents by 

• otli6r counties 

a suitable place, remote from a penal institution, a school 
for the instruction and training of children committed thereto 
as habitual truants, absentees or school offenders. The com- 
missioners of two or more counties may, at the expense of 
said counties, establish and maintain a union school to be 
controlled by the chairmen of the commissioners of said 
counties. The chairmen of the commissioners of Norfolk, 



162 Acts, 1921. — Chap. 174. 

Bristol and Plymouth counties, having the management of 
the Norfolk, Bristol and Plymouth union training school, 
shall each be paid the sum of one hundred dollars annually 
by their respective counties. The commissioners of Barn- 
stable, Berkshire, Franklin, Hampshire, Dukes and Nan- 
tucket counties shall assign a training school established by 
law as the place for the instruction and training of children 
so committed within their respective counties, and shall pay 
for their support in said school such reasonable sum as the 
Commitments commissioucrs having control of said school may fix. Com- 
cheisea, Revere mitmcuts from Bostou, Chclsca, Rcvcrc and Winthrop shall 
int rop. j^^ ^^ ^^^ training school for IVIiddlesex county. The town 
from which an habitual truant, absentee or school oft'ender 
is committed to a county training school shall pay to the 
county maintaining it two dollars a week toward his support, 
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 town; but Boston, Chelsea, Revere and 
Winthrop shall pay to Middlesex county, for the support of 
each child committed to the training school of said county, 
two dollars and fifty cents a week, and an additional sum 
for each child sufficient to cover the actual cost of mainte- 
nance. Approved March 25, 1921. 



Chap. 174 An xA-ct to place the chief engineer of the fire 

DEPARTMENT OF THE CITY OF MEDFORD UNDER CIVIL 
SERVICE. 

Be it enacted, etc., as follows: 

cwef^ engineer Section 1. The officc of cliicf engineer of the fire depart- 
ment of Med- ment of the city of Medford shall hereafter be subject to the 
under civil cIvil scrvicc laws, and rules and regulations made thereunder, 
but the present incumbent may continue to hold office with- 
out examination. 
rnkt'edTo'^the Section 2. This act shall take effect upon its acceptance 
voters, etc. ^jy ^j^g votcrs of Said city at its next municipal election. The 
question shall be submitted to the voters on the ballot in 
the following form : — " Shall chapter of the acts 

of nineteen hundred and twenty-one placing the 
chief engineer of the fire department under civil 
service be accepted?" If accepted by a majority 
of the voters voting thereon it shall take effect, otherwise it 
shall not take effect. Approved March 25, 1921. 



YES 




NO. 





ACTS; 1921. — Chaps. 175, 176, 177. 163 



An Act authorizing the city of new Bedford to incur (Jhaj) 175 

INDEBTEDNESS FOR SEWERAGE PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of sewer construction, the New Bedford 
city of New Bedford may from time to time borrow such SJdnesVfor 
sums as may be necessary, not exceeding, in the aggregate, poses!*^" ^'"" 
one hundred thousand dollars, and may issue bonds or notes 
therefor which shall bear on their face the words, New Bed- geTer^L^In^"^ 
ford Sewer Loan, Act of 1921. Each authorized issue shall Act of 1021. 
constitute a separate loan. Indebtedness incurred under this 
act shall be in excess of the statutory limit, but shall other- 
wise be subject to chapter forty-four of the General Laws. 

Section 2. This act shall take effect upon its passaj^c. 

Ajjproved March 29, 1.921. 

An Act authorizing the abatement of certain better- QJku) \'jq 
ment assessments in the city of attleboro. 

Be it enacted, etc., as follows: 

Section 1 . The municipal council of the city of Attleboro Abatement of 
may abate the whole or a proportionate part, as it may de- melu ass^"-"^" 
termine, of all assessments for betterments made under au- At\"ebo?o. 
thority of Part I of chapter one hundred and eight5^-se^'^en of 
the Special Acts of nineteen hundred and eighteen or of 
chapter two hundred and eight of the Special Acts of nine- 
teen hundred and nineteen, or both. If any of such assess- 
ments have already been paid, the city treasurer of said city 
is hereby authorized to refund the whole or a proportionate 
part thereof in accordance with the aforesaid determination 
of the municipal council. 

Section 2. This act shall take effect upon its acceptance To be sub- 
by a majority vote of the municipal council of the citj' of Municipal 
Attleboro, subject to the approval of the mayor. ' ^""'"' ^'*'- 

Approved March 29, 1921. 

An Act authorizing the Worcester county institu- Chav.177 

TION FOR savings TO ACQUIRE ADDITIONAL REAL ESTATE 
SUITABLE FOR THE TRANSACTION OF ITS BUSINESS. 

Be it enacted, etc., as follows: 

The Worcester County Institution for Savings, incorpo- Worcester 
rated by chapter fifty of the acts of eighteen hundred and ^kTfo^r'"'*'*"" 

savings may 



164 



Acts, 1921. — Chaps. 178, 179. 



twn'^freaf^'' tweiity-scven, approved on the eighth day of February, 
estate, etc. eighteen hundred and twenty-eight, may invest its deposits, 
to an amoimt not exceeding one milhon dollars, in the pur- 
chase of an additional suitable site and the erection or prepa- 
ration of a suitable building in the city of Worcester for the 
transaction of its business. Approved March 29, 1921. 



Amherst 
College au- 
thorized to 
hold additional 
property. 



Chap. 17 8 An Act to authorize amiierst college to hold addi- 
tional PROPERTY. 

Be it enacted, etc., as follows: 

The Trustees of Amherst College, for the purpose set forth 
in the act establisliing said college, being chapter eighty-four 
of the acts of eighteen hundred and twenty-four, and in the 
several acts in addition thereto, are hereby authorized to 
acquire by gift, grant, bequest, dexise or otherwise, lands, 
tenements or other estate, real or personal, and to hold, 
manage, and from time to time to invest and re-invest the 
same, or the proceeds of any sale thereof, for the purposes 
aforesaid; pro^^ded that the net annual income of all the 
property so held shall not exceed the sum of one million 
dollars. Aj)proved March 29, 1921. 



Chap.179 An Act to increase the powers of milton academy to 

HOLD AND CONVEY REAL AND PERSONAL ESTATE. 



1900, 208, § 1, 
amended. 



Milton 

Academy em- 
powered to 
hold and 
convey real 
and personal 
estate. 



Be it enacted, etc., as follows: 

Chapter two hundred and eight of the acts of nineteen 
hundred is hereby amended by striking out section one and 
inserting in place thereof the following: — Section 1. The 
Trustees of Milton Academy may accept, receive and take, 
by gift, grant, devise or otherwise, and may hold any real 
and personal estate within or without the commonwealth to 
an amount not exceeding three million dollars, and may sell 
and dispose at its discretion of any real or personal estate 
within or without the commonwealth which has been or may 
hereafter be given, granted or devised to it, or which is held 
by it and not expressly forbidden to be so sold or disposed 
of by the terms of the gift, grant, de\ise or receipt thereof. 

Approved March 29, 1921. 



Acts, 1921. — Chaps. 180, 181, 182. 165 



An Act to authorize the trustees of mount holyoke (Jfidj) igQ 

COLLEGE TO HOLD ADDITIONAL REAL AND PERSONAL 
ESTATE. 

Be it enacted, etc., as fullows: 

Section one of chapter ninety of the acts of eighteen hun- i894, 9o, § i, 
dred and ninety-four, as amended by section one of chapter ^ "^ ' '''"™ 
one hundred and two of the acts of nineteen hundred and 
ten and by chapter one hundred and twenty-two of the 
Special Acts of nineteen hundred and seventeen, is hereby 
further amended by striking out, in the tliird hne, the word 
"seven", and inserting in place thereof the word: — ten, — 
so as to read as f oIIoavs : — Sccfion 1 . The Trustees of ^^°^^\ 
Mount Holyoke College are hereby authorized to hold real College may 

1 'liii i'j !• A •^^• hold additional 

and personal estate to an amount not exceeding ten million estate. 
dollars. Approved March 29, 1921. 



An Act to enlarge the powers of the Massachusetts (7/^^r> 181 

MEDICAL SOCIETY. 

Be it enacted, etc., as follows: 

The Massachusetts Medical Society is authorized to en- Massachusetts 
gage in the publication and distribution of a journal or society, 
periodical to be devoted mainly to medical and surgical fa"rged^^°' 
science. Approved March 29, 1921. 

An Act authorizing the city of brockton to incur Chav. 182 

INDEBTEDNESS FOR SEWERAGE PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Brockton, for the purposes Brockton may 
specified in chapter two hundred and forty-seven of the acts Jfebtedness for 
of eighteen hundred and ninety-two, may from time to time 
borrow such sums as may be necessary not exceeding, in the 
aggregate, two hundred thousand dollars in addition to 
amounts previously authorized, and may issue bonds or notes 
therefor which shall bear on their face the words, Brockton Brockton 
Sewerage Loan, Act of 1921. Each authorized issue shall Loin' Act of 
constitute a separate loan. Indebtedness incurred under this *^^^- 
act shall be in excess of the statutory limit, but shall other- 
wise be subject to chapter forty-four of the General Laws. 

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

Approved March 30. 1921. 



sewerage 
purposes. 



166 



Acts, 1921. — Chaps. 183, 184, 185. 



Chap. 183 An Act authorizing the town of acushnet to make 

AN additional WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1 . For the purpose of extending its water mains 
and improving its water distribution facilities, the town of 
Acushnet may from time to time borrow such sums as may 
be necessary not exceeding in the aggregate thirty-five thou- 
sand dollars, and may issue bonds or notes therefor which 
shall bear on their face the words, Acushnet Water Loan, 
Act of 1921. Each authorized issue shall constitute a sepa- 
rate loan, and such loans shall be payable in not more than 
thirty years. Any debt incurred under this act shall be out- 
side the statutory limit, but shall otherwise be subject to 
chapter forty-four of the General Laws. 

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

Approved March 30, 1921. 



Acushnet may 
make addi- 
tional water 
loan. 



Acushnet 
Water Loan, 
Act of 1921. 



C/iap. 184 An Act authorizing the city of brockton to make an 
additional surface drainage loan. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing surface drain- 
age sewers, the city of Brockton may from time to time 
borrow such sums as may be necessary not exceeding, in the 
aggregate, two hundred thousand dollars in addition to 
amounts previously authorized, and may issue bonds or notes 
therefor, which shall bear on their face the words, Brockton 
Surface Drainage Loan, Act of 1921. Each authorized issue 
shall constitute a separate loan. Indebtedness incurred 
under this act shall be in excess of the statutory limit, but 
shall otherwise be subject to chapter forty-foiu' of the Gen- 
eral Laws. 

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

Approved March 30, 1921. 



Brockton may 
make addi- 
tional surface 
drainage loan. 



Brockton Sur- 
face Drainage 
Loan, Act of 
1921. 



Chap.lSd An Act authorizing the apportionment of the ex- 
pense incurred by the county of MIDDLESEX FOR A 
TUBERCULOSIS HOSPITAL. 

Be it enacted, etc., as follows: 

County of Section 1. The county commissioners of the county of 

apportionment Middlescx may at any time after the passage of this act, and 

of expense 



Acts, 1921. — Chap. 185. 167 

from time to time thereafter, determine the net amount of tuberculoid ^ 
the expenditm^es theretofore made and the indebtedness, in- hospital. 
eluding interest, theretofore incurred on account of the pro- 
posed construction of a hospital for the care of persons 
suffering from consumption, under the provisions of sections 
seventy-eight to ninety-one, inclusive, of chapter one hun- 
dred and eleven of the General Laws, or corresponding pro- 
visions of earlier laws, after deducting from the gross amount 
of such expenditures and indebtedness the proceeds of any 
receipts on account of the same and any receipts from the 
sale of any property theretofore acquired for said purpose, 
which sales said commissioners are hereby authorized in their 
discretion to make, and may from time to time apportion to 
the cities and towns in said county, except the cities of Cam- 
bridge, Lowell and Somerville, the net amount of such ex- 
penditures and indebtedness so determined, in accordance 
with their valuation used in assessing the count}^ taxes; and 
each of such cities and towns shall pay the sum so apportioned 
to it into the treasury of said county in such manner and in 
such instalments as the said county commissioners shall by 
special order direct. The county commissioners shall have Remedies for 
the remedies for the collection of sums so apportioned, and sumsap-° 
the several cities and towns shall have the right to incur in- P°''t'°"«''' «*"• 
debtedness to provide funds for the payment thereof, pro- 
vided in sections eighty-three and eighty-four of said chapter 
one hundred and eleven. If and when such hospital shall be 
completed and equipped, the said county commissioners shall 
determine the total cost of the same, together with the 
interest paid or due on bonds or notes of said county issued 
therefor, and shall deduct therefrom the sum of the appor- 
tionments previously made under the provisions of this act, 
and the balance of said cost and interest shall be apportioned 
to, collected from and paid by said cities and towns in the 
manner provided in section eighty-three of said chapter one 
hundred and eleven; and such cities and towns may, if they Money may 

o. 1 , i«i ,•,1^ 'be borrowed 

see nt, borrow money to make said payments m the manner by cities and 
provided in section eighty-four of said chapter one hundred *^°*"*' 
and eleven. All the said cities and towns of said county, ^°^Jij.*.^' 
except the cities of Cambridge, Lowell and Somerville, are 
hereby determined to comprise the hospital district intended 
to be served by such hospital, and to be subject to the duties 
and obligations imposed by said chapter one hundred and 
eleven in relation to county tuberculosis hospitals, and by 
this act. 



168 Acts, 1921. -- Chaps. 186,187. 

^^p®^'- Section 2, Section two of chapter five hundred and 

thirty-two of the acts of nineteen hundred and twenty is 
hereby repealed. 

Section 3. This act shall take effect upon its passage. 

Approved March 30, 1921. 



Chap. 186 An Act authokizing the town of Plymouth to pro- 
vide FOR THE REGULATION AND LICENSING OF PUBLIC 
GUIDES. 

Be it enacted, etc., as folio ivs: 

I!fdHcen°?ng Section 1. The town of Plymouth may, by by-law, to 

of public guides which the relevant pro^'isions of sections twenty-one to 

thirty-two, inclusive, of chapter forty of the General Laws 

shall apply, provide for the regulation and licensing of 

persons acting as public guides therein. 

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

Approved March 30, 1921. 



Chap.187 An Act to provide for pensioning janitors employed 

BY the city of fall RIVER, 

Be it enacted, etc., as follows: 
Pensioning Section 1. The head of any city department or any 

janitors em- , • ,, ^^."^ . . , 

ployed by city board of trustccs of the city of Fall Itiver may retire with an 
annual pension any janitor in the service of the city at the 
time of the passage of this act, who has been employed by 
the city for not less than twenty-fi\'e years, who has reached 
the age of sixty years and who has become physically in- 
capacitated. The pension shall be equal to one half the 
compensation to which the pensioner would have been en- 
titled for full employment during the last year of his service, 
but in no case shall it exceed five liundred dollars per year. 
The amount necessary to carry out the provisions of this 
act shall be appropriated annually by the board of aldermen. 
mkted^o^cit Section 2, This act shall take effect upon its acceptance 

council, etc. by votc of tlic city council of said city, subject to the pro- 
Proviso. visions of its charter; provided that such acceptance occurs 

prior to December thirty-first in the current year. 

Approved March 30, 1921. 



Acts, 1921. — Chaps. 188, 189. 169 



An Act relative to restrictions on the taking of Chap. 188 

FRESH water FISH. 

Be it enacted, etc., as follows: 

Chapter one hundred and thirty of the General Laws is g. l. iso. new 
hereby amended by inserting after section seventy-eight, a l^s'"" ^ 
new section to be numbered seventy-eight A: — Section 78 A. ^^fn'^f 1°"^ °" 
No person shall take, sell, offer for sale or have in his posses- water fish. 
sion more than six black bass, fifteen pickerel, forty horned 
pout, forty yellow perch or five wall eyed pike taken from 
the waters of the commonwealth in any one day. Whoever Penalty, 
violates this section shall be punished by a fine of not more 
than ten dollars for every fish so unlawfully taken, sold, 
offered for sale or had in possession. 

Approved March 30, 1921. 



Chap. 189 



An Act relative to lights on motor cycles with 

side-cars. 

Be it enacted, etc., as follows: 

Section seven of chapter ninety of the General Laws is g. l. 9o, § 7, 
hereby amended by inserting after the word "tint", in the ""^^^ ^ ' 
twentieth line, the words : — and every such motor cycle 
with a side-car attached, in addition, one such light on the 
front of the side-car, — so as to read as follows : — Section 7. Motor vehicles. 
Every motor vehicle of more than ten horse power operated 
in or on any way shall be provided with at least two brakes, 
powerful in action and separated from each other, of which 
one brake shall act directly on the driving wheels or on parts 
of the mechanism which are firmly connected with said 
wheels. Each of the two brakes shall suffice alone to stop Brakes, 
the motor vehicle within a proper distance. One of the two 
brakes shall be so arranged as to be operated with the foot. 
Every automobile of not more than ten horse power and every 
motor cycle shall be provided with at least one brake. Every Mufflers and 
motor vehicle so operated shall be provided with a muffler ment.^''"'^ 
or other suitable dcA-ice to prevent unnecessary noise and 
with a suitable bell, horn or other means of signalHng, and 
with suitable lamps; and automobiles shall be pro\ided with 
a lock, a ratchet brake which can be set, a key or other de- 
vice to prevent such veliicle from being set in motion by un- 
authorized persons, or otherwise, contrary to the will of the 
owner or person in charge thereof. Every automobile oper- Lights. 
ated during the period from one half an hour after sunset to 



170 Acts, 1921. — Chap. 190. 

one half an hour before sunrise shall display at least two 
wliite lights, or lights of yellow or amber tint, and every 
motor cycle so operated at least one white light, or light of 
yellow or amber tint, and every such motor cycle with a 
side-car attached, in addition, one such light on the front of 
the side-car, which shall be visible not less than tMO hundred 
feet in the direction toward which the vehicle is proceeding; 
and every such motor vehicle shall display at least one red 
light in the reverse direction. Every automobile so operated 
shall have a rear light so placed as to show a red light from 
behind and a white light so arranged as to illuminate and 
Mirrors or not obscurc tlic rear register number. Every automobile 

reflectors . 

used for the carriage of passengers for hire, and every com- 
mercial motor vehicle or motor truck, so constructed, equipped 
or loaded that the person operating the same is prevented 
from having a constantly free and unobstructed view of the 
highway immediately in the rear, shall have attached to the 
vehicle a mirror or reflector so placed and adjusted as to 
afford the operator a clear, reflected view of the highwaj^ in 
the rear of the vehicle. Approved March 30, 1921. . 



Chap. 190 An Act requiring domestic insurance companies to 

COMPLY WITH certain PREREQUISITES BEFORE ISSUING 
POLICIES. 

Be it enacted, etc., as follows: 
9iJ"' ^^^' I A Chapter one hundred and seventy-five of the General 

§ 32, amended. • i i i i i -i • • i • 

Laws IS hereby amended by striking out section thirty-two 
Domestic and inserting in place thereof the f ollo\\ing : — Section 32. 

companies No douicstic couipaiiy shall issue policies of insurance or 
wiith*ce°tem^ aunuity or pure endowment contracts until, upon examina- 
before'^ssufng ^^o^ ^y the commissiouer, liis deputy or examiner, it is found 
policies. iq have complied with the laws of the commonwealth, adopted 

a proper system of accounting, employed a competent ac- 
countant and a competent and experienced underwriter, and 
to be without liabilities except such organization expenses 
as the commissioner shall certify as reasonable, and except, 
if a stock company or a mutual company with a guaranty 
capital, its liabilities to stockholders for the amount paid in 
for shares of stock, nor until it has obtained from the com- 
missioner a certificate stating that it has comphed Mith the 
foregoing conditions and all other laws, and authorizing it 
to issue such pohcies or contracts. 

Approved March 30, 1921. 



Acts, 1921. — Chap. 191. 171 



An Act authorizing the board of street commis- Chap.191 

SIONERS OF THE CITY OF BOSTON TO MAKE REGULATIONS 
RELATIVE TO STREET STANDS IN FANEUIL HALL MARKET. 

Be it enacted, etc., as follows: 

Section 1. Subject to the limitations hereinafter set Board of street 
forth, the board of street commissioners of the city of Boston in Boston t^^ 
may make reasonable regulations governing the occupation stfnlfs^tn*'^'^* 
of street stands within the limits of Faneuil Hall Market in ^''Xt. ^^^^ 
said city and may set the time for the opening and closing 
of said stands. Any person occupying a street stand or any 
place within the limits of said market for the sale of fresh 
provisions or perishable produce or having in his possession 
fresh pro\asions or perishable produce with intent to sell the 
same within said limits, except during the hours and in 
accordance with the regulations established by said board 
shall be punished by a fine not exceeding twenty dollars for Penalty, 
the first offence, and not exceeding one hundred dollars for 
each subsequent offence, and should such person be unknown 
to the police officer witnessing such use or occupation, he 
may be arrested by the officer without a warrant. But no Certain 
such regulation shall exclude from the occupation of street exempt from 
stands in said market, between the hours of four o'clock in ■'^euiations. 
the morning and five o'clock in the afternoon, except on 
Sundays and holidays or upon the occurrence of some ex- 
traordinary emergency, any person whose sole purpose it is 
to sell fresh provisions or perishable produce which are the 
product of his own farm or of some farm within ten miles of 
his residence or any person selling such pro\dsions or produce 
at wholesale only for some person or persons not residing or 
having a usual place of business within eight miles of said 
market, or as agent for such person or persons, or any person 
selling meats at wholesale only derived from animals by him 
slaughtered. 

Section 2. Chapter two hundred and eleven of the acts Repeal, 
of eighteen hundred and fifty-nine, as amended by chapter 
one hundred and fifty-two of the acts of eighteen hundred 
and sixty, is hereby repealed, and any existing by-laws, 
ordinances or regulations inconsistent with the provisions of 
section one are hereby annulled ; but this act shall not be Act, how 
construed to annul or prohibit reasonable rules of police 
which may be required for the convenience and good order 
of the market and for the proper conduct of those who buy 
or sell therein. Approved March 30, 1921. 



172 



Acts, 1921. — Chaps. 192, 193, 194. 



Chap. 192 An Act authorizing the county of Suffolk to retire 

AND PENSION WILLIAM S. FOSTER. 

Be it enacted, etc., as follows: 

Section 1. The county of Suffolk may retire William S. 
Foster, who has served the county as janitor in its court 
house for the past twenty-eight years, on 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 city council of the city of Boston, subject to the pro- 
visions of its charter; provided that such acceptance occurs 
prior to December thirty-first in the current year. 

Apjoroved March 30, 1921. 



County of 
Suffolk may 
pension 
William S. 
Foster. 



To be sub- 
mitted to the 
city council, 
etc. 
Proviso. 



C/ia/?.193 An Act providing an annuity for maurice fitzgerald, 

formerly sheriff of the county of HAMPSHIRE. 



Hampshire 
county may 
pay an 
annuity to 
Maurice Fitz- 
gerald. 

Proviso. 



Be it enacted, etc., as follows: 

Upon the acceptance of this act by the county commis- 
sioners of the county of Hampshire, there shall be paid by 
said county to Maurice Fitzgerald, for ten years sheriff of 
said county, an annuity of seven himdred and fifty dollars 
for the term of his life; provided that the town of Ware, if 
the town so votes, may contribute toward said annuity, an 
annual sum not exceeding tlu-ee hundred and seventy-five 
dollars. Approved March 30, 1921. 



Chap. 194: An Act rel.\tive to the maximum liability of a person 

TO A TRUST COMPANY. 



G. L. 172. § 40, 
amended. 



Liabilities of 
any person to 
a trust com- 
pany limited, 
etc. 



Be it enacted, etc., as follows: 

Section forty of chapter one hundred and seventy-two of 
the General Laws is hereby amended by inserting after the 
word "up", in the tenth line, the words: — , or one tenth 
part of the surplus account and of such amount of the capital 
stock of such corporation as is actually paid up, — so as to 
read as follows: — Section Jfi. The total Habilities of a 
person, other than cities or towns, including in the liabiUties 
of a firm the liabilities of its several members, for money 
borrowed from and drafts drawn on any such corporation 
having a capital stock of five hundred thousand dollars or 
more shall at no time exceed one fifth part of the surplus 



Acts, 1921. — Chaps. 195, 196. 173 

account and of such amount of the capital stock of such 
corporation as is actually paid up. Such total liabilities to 
any such corporation ha\dng a capital stock of less than five 
hundred thousand dollars shall at no time exceed one fifth 
of such amount of the capital stock of the corporation as is 
actually paid up, or one tenth part of the surplus account 
and of such amount of the capital stock of such corporation 
as is actually paid up; but the discount of bills of exchange 
drawn in good faith against actually existing values, and the 
discount of commercial or business paper actually owned by 
the person negotiating it, shall not be considered as money 
borrowed. The total liabilities to any one such corporation Liabilities 
of any government, either foreign or domestic, other than governments 
the government of the United States of America or of this ^'^''^ed, etc. 
commonwealth, shall not exceed one tenth part of the surplus 
account and of such amount of the capital stock of such ' 

corporation as is actually paid up, and no trust company 
shall invest or advance an aggregate amount exceeding at 
any one time twenty per cent of its surplus account and 
paid up capital stock in such securities and evidences of in- 
debtedness. Approved March 30, 1921. 



An Act relative to the relief association in nan- C'/ia».195 

TUCKET. 

Be it enacted, etc., as follows: 
The corporation known as the Relief Association situated ^•'1'.^^ ^?^°- 

u J" XT 1 • ciatjon, in 

m the town oi Nantucket, and incorporated under general Nantucket, 
law, may be appointed trustee or substituted trustee under pointed''''" 
a will or instrument creating a trust for the care and manage- 
ment of property to an amount not exceeding that allowed 
by law, under the same circumstances, in the same manner 
and subject to the same control by the court having juris- 
diction of the same, as a legally qualified person. 

Approved March 30, 1921. 



trustee. 



C/iap.l96 



An Act to provide for removing or placing under- 
ground CERTAIN WIRES AND ELECTRICAL APPLIANCES IN 
THE CITY OF BOSTON. 

Be it enacted, etc., as folloivs: 

Section 1. In the month of January in the year nine- Certain wires 
teen hundred and twenty-two and in said month in each apjhwi'o 



174 



Acts, 1921. — Chap. 197. 



be placed 
underground 
in Boston. 



Fire commis- 
sioner may 
provide for 
work to be 
done in certain 
years. 



Extension of 
certain powers 
and duties. 



year thereafter, to and including the year nineteen hundred 
and twenty-six, the fire commissioner of the city of Boston 
shall prescribe and give public notice thereof in at least two 
daily newspapers in said city, by advertisement therein, 
twice a week for two weeks in succession, of not more than 
four miles of streets in any one year, from which poles shall 
be removed and the wires buried underground, except such 
poles and wires as are excepted in chapter three hundred and 
sixty-four of the acts of nineteen hundred and eleven. 

Section 2. The work for the years nineteen hundred and 
twenty and nineteen hundred and twenty-one heretofore 
prescribed under existing statutes need not be done but any 
street or streets formerly included in the work prescribed for 
said years may be included by the fire commissioner in the 
future work to be done under this act. The obligation to 
do any work prescribed under existing laws to be done in 
years before nineteen hundred and twenty shall not be 
affected by anything in this act contained. 

Section 3. The powers conferred and the duties imposed 
upon the officer mentioned in said chapter three hundred and 
sixty-four, and other acts mentioned in said chapter, are 
hereby extended and said powers shall be exercised and said 
duties performed by said fire commissioner in each of the 
years nineteen hundred and twenty-two to nineteen hun- 
dred and twentv-six, inclusive. 

Approved March 30, 1921. 



Chap. 1^1 An Act to regul.yte the taking of bl.\ck bass. 
Be it enacted, etc., as follows: 



G L. 130, § 64, 
amended. 



Close season 
for black bass 
established. 



Section sixty-four of chapter one hundred and thirty of 
the General Laws is hereby amended by striking out, in the 
second line, the word "April", and inserting in place thereof 
the word: — February, — and by striking out, in the fourth 
line, the word "eight", and inserting in place thereof the 
word: — ten, — so as to read as follows: — Section 64. No 
person shall take, sell, offer for sale, or ha^'e in possession a 
black bass or any part thereof between February first and 
June twentieth following, both dates inclusive, or at any 
time have in possession a black bass less than ten inches in 
length unless such bass was taken by a person lawfully fish- 
ing and is immediately returned alive to the water whence 
it was taken. Approved March 30, 1921, 



Acts, 1921. — Chap. 198. 175 

An Act relative to marine insurance. Chap.198 

Be it enacted, etc., as follows: 

Section forty-seven of chapter one hundred and seventy- g. l. its, §47. 
five of the General Laws is hereby amended by inserting 
after the word "transportation", in the thirteenth hne, the 
words : — ; also, in connection wuth marine or inland marine 
or transportation insurance on property, to insure against 
any risk whether to person or to property, including liability 
for loss or damage to either, arising out of the construction, 
repair, operation, maintenance or use of the subject matter 
of such primary insurance, — and by adding after the word 
"hable", in the twenty-first line, the words: — ; but not 
including insurance against loss or damage by reason of 
bodily injury or death by accident to any person resulting 
from the maintenance and use of motor vehicles, — so that 
the second clause will read as follows: — Second, To insure Purposes of 
upon the stock or mutual plan vessels, freights, goods, L^TeSn '°° 
money, effects, and money lent on bottomry or respondentia, companies, 
against the perils of the sea and other perils usually insured 
against by marine insurance; risks of inland na\'igation and 
transportation; also, in connection with marine or inland 
marine or transportation insurance on property, to insure 
against any risk whether to person or to property, including 
liability for loss or damage to either, arising out of the con- 
struction, repair, operation, maintenance or use of the subject 
matter of such primary insurance; also to insure against loss 
or damage to and loss of use of motor vehicles, their fittings 
and contents, whether such vehicles are being operated or 
not, and wherever the same may be, resulting from accident, 
collision, and any of the perils usually insured against by ma- 
rine insurance, cTr from risks of inland navigation and trans- 
portation; and against loss or damage caused by teams, 
automobiles or other vehicles, except rolling stock of rail- 
ways, to the property of another, for which loss or damage 
any person is liable; but not including insurance against Certain insur- 
loss or damage by reason of bodily injury or death by accident 
to any person resulting from the maintenance and use of 
motor vehicles. Approved March 30, 1921. 



176 



Acts, 1921. — Chap. 199. 



Biennial 
municipal 
elections in 
Cambridge. 



Certain 
officials to be 
sworn, time, 
etc. 



Chap. 199 An Act providing for biennial municipal elections in 

THE CITY OF CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section 1. The next regular city election in the city of 
Cambridge, succeeding the passage of this act, shall be held 
on Tuesday following the first Monday in November, nine- 
teen hundred and twenty-one, and thereafter the regular 
city elections in said city shall be held biennially on the 
Tuesday next following the first Monday in November in 
each odd-numbered year. 

Section 2. On the first Monday in January following a 
regular city election, at ten o'clock in the forenoon, the 
mayor-elect, the councillors-elect and the assessors-elect, 
shall meet and be sworn to the faithful discharge of their 
duties. The oath shall be administered as pro\'ided in sec- 
tion seventeen of chapter forty-tliree of the General Laws. 
The terms of the mayor and all councillors shall be two years, 
commencing on the first INIonday in January following their 
election. 

Section 3. The terms of councillors from each ward in 
said city elected in December nineteen hundred and twenty 
shall terminate on the first Monday in January, nineteen 
hundred and twenty-foiu", and their successors shall be 
elected at the biennial election in November nineteen hun- 
dred and twenty-tlu-ee. 

Section 4. The terms of the two members of the school 
committee of said city elected in December nineteen hun- 
dred and nineteen, shall terminate on the first Monday in 
January, nineteen hundred and twenty-two. The four mem- 
bers to be elected in November nineteen hundred and twenty- 
one, shall be elected for two-year terms. At the November 
election in nineteen hundred and twenty-three there shall be 
elected six members of the school committee; three for terms 
of two years and three for terms of four years. Thereafter 
at each biennial election three members of the school com- 
mittee shall be elected for terms of four years. The school 
committee shall organize on the first Monday in January 
after each biennial election and shall elect one of its mem- 
bers as \ace-chairman, whose duty it shall be to preside at 
all meetings at which the mayor is not present. The term of 
a member of the school committee shall commence on the 
first Monday of January following said member's election. 



Terms of 

councillors, 

etc. 



School com- 
mittee, terms 
of certain 
members, 
election, etc. 



Acts, 1921. — Chap. 200. 177 

Section 5. If a vacancy occurs in the school committee vacancy in 
of said city bj^ failure to elect or otherwise, the city council mittee. how 
and the remaining members of the school committee shall 
meet in joint convention and elect a suitable person to fill 
the vacancy until the next regular city election. The mayor, 
if present, shall preside at said convention. 

Section 6. The term of the assessor for the city of Cam- Assessors. 
bridge elected in December, nineteen hundred and nineteen, ef^fon! etc. 
is hereby extended for one j-ear and shall terminate on the 
first Monday in January, nineteen hundred and twenty-four. 
At the election to be held in No\'ember, nineteen hundred 
and twenty-one, there shall be one assessor elected for the 
term of four years. At the election to be held in November, 
nineteen hundred and twenty-three, there shall be two 
assessors elected for the term of four years. Thereafter all 
assessors shall be elected for terms of four years. The term 
of an assessor shall commence on the first IMonday in Jan- 
uary following his election. 

Section 7. A vote on the question of granting licenses Biennial vote 
for the sale of certain non-intoxicating be\erages, required question of 
by chapter one hundred and thirty-eight of the General ficenle"^ 
Laws, or by any other general provision of law, so long as 
said laws shall be in effect, shall hereafter be taken biennially 
in said city at the biennial election herein pro\ided for. 

Section 8. The word "annual", as used in section forty Meaning of 
of chapter forty-three of the General Laws shall mean "annual." 
"biennial" when used with reference to said city. 

{The foregoing was laid before the governor on the twenty- 
fourth day of March, 1921, and after five days it had "the 
force of a law", as prescribed by the constitution, as it tvas 
not returned by him with his objections thereto within that 
time.) 

An Act confirming the election of officers and Chap. 200 
other proceedings of a meeting of the inhabitants 
of the town of stow. 

Be it enacted, etc., as follows: 

Section 1. The election of officers and other proceedings Election of 
at a meeting of the inhabitants of the town of Stow held on °n Town of"" 
February twenty-eighth in the current year are hereby vali- irmed°°' 
dated and confirmed, and said meeting is hereby declared to 
be the annual town meeting of the said town for the current 
year, notwithstanding that the annual meeting of said tow^n 



178 



Acts, 1921. — Chap. 201. 



was called for February twenty-first nineteen hundred and 

twenty-one and adjourned to said February twenty-eighth. 

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

Approved March 31, 1921. 



Extension of 
sewerage 
system in 
Northbridge 
authorized. 



C/iap. 201 An Act to authorize the town of northbridge to ex- 
tend ITS SYSTEM OF SEWERAGE. 

Be it enacted, etc., as follows: 

Section 1. The board of sewer commissioners of the 
town of Northbridge, on behalf of the town, may take by 
eminent domain under chapter seventy-nine of the General 
Laws, or acquire by purchase or otherwise, any lands in fee 
and any water rights, rights of way and easements in said 
town, public or private, necessary for any of the purposes 
mentioned in this act, and may construct within the to\vn 
such main drains and sewers under or over any water course, 
bridge, aqueduct, conduit, railroad, railway or way, or within 
the location of any railroad or railway, and may enter upon 
and dig up any private land, street or way, or railroad or 
railway location, for the purpose of lading such main drains 
and sewers, and of maintaining and repairing the same, and 
may do any other thing necessary or proper for the purposes 
of this act; provided that said board shall not take in fee 
any land of a railroad corporation, and that it shall not 
enter upon or construct any drains or sewers within the loca- 
tion of any railroad corporation, except at such time and in 
such manner as it may agree upon with such corporation, or, 
in case of failure to agree, as may be approved by the de- 
partment of public utilities. Any person injured in his prop- 
erty by any action of the board under this act may recover 
damages from said town under said chapter seventy-nine. 

Section 2. No act shall be done under authority of the 
preceding section until the plans for said system of sewerage 
have been approved by the department of public health. 
Upon application to said department for such approval, it 
shall, after due notice to the public, give a hearing at which 
plans showing in detail all the work to be done in construct- 
ing said system of sewerage shall be submitted. 

Section 3. This act shall take effect upon its passage. 

Approved March 31, 1921. 



Proviso. 



Approval of 
plans by de- 
partment of 
public health. 



Acts, 1921.— Chaps. 202, 203. 179 



An Act relative to the taxation of certain shares Chap. 202 
OF stock held by fiduciaries. 

Whereas, The deferred operation of this act would cause Emergency 
substantial inconvenience, and would result in the loss to the p''®*™'*'®- 
commonwealth, and to cities and towns, of taxes that could 
be assessed April first of the current year, 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: 

Clause thirty-third of section five of chapter fifty-nine of ^- g'^ ^^' ^ ^• 
the General Laws is hereby amended by adding at the end amended, 
thereof the following: — , except shares of stock taxable 
under section one of chapter sixty-three, — so as to read as 
follows: — Thirty-third, Intangible property held by any Taxation of 
fiduciary in the commonwealth, except shares of stock of stock held 
taxable under section one of chapter sixty-three. ^ ucianes. 

Approved March 31, 1921. 



An Act making appropriations for the maintenance Q}ia7).20^ 
of departments, boards, commissions, institutions 

AND certain activities OF THE COMMONWEALTH, FOR 
INTEREST, SINKING FUND AND SERIAL BOND REQUIRE- 
MENTS, AND FOR CERTAIN PERMANENT IMPROVEMENTS. 

Be it enacted, etc., as follows: 

Section 1. To provide for the maintenance of the several Appropriations 
1 . . .... !• 1 main- 

departments, boards, commissions and institutions, of sundry ^^"'^"^^"L 

other services, and for certain permanent improvements, and etc., and 

to meet certain requirements of law, the sums set forth in Sng^fund and 

section two, for the several purposes and subject to the con- nfentsrand"^^ 

ditions therein specified, are hereby appropriated 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-one, or for such 

other period as may be specified. 



certain im- 
provements. 



department. 



180 Acts, 1921. — Chap. 203. 

Section 2. 

Service of the Legislative Department. 

Item 

Legislative^ 1 For the Compensation of senators, the sum of 

"'"" """" sixty-one thousand five hundred dollars, . $61,500 00 

2 For the 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 sixtv-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. CooHdge, clerk of 
the senate, and James W. Kimball, clerk of 
the house of representatives, the sum of ten 
thousand dollars, 10,000 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 seven thousand dollars, . . . 7,000 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 

8 For 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 four thousand dollars, . . . 4,000 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 forty-four hundred 
and forty dollars, 4,440 00 

11 For compensation for travel of doorkeepers, 
assistant doorkeepers, messengers, pages and 
other employees of the sergeant-at-arms, au- 
thorized b.y law to receive the same, a sum 
not exceeding thirty-eight hundred and fifty- 
five dollars, 3,855 00 

12 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 
doUars, 5,800 00 

13 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-eight 
thousand one hundred dollars, .... 38,100 00 



Acts, 1921. — Chap. 203. 181 



Item 

14 For compensation of the pages of the senate and dipartm'int 

house of representatives, with the approval of 
the sergeant-at-arms, a sum not exceeding 
seventy-two hundred dollars, .... $7,200 00 

15 For the salaries of clerks employed in the legis- 

lative document room, a sum not exceeding 

thirty-nine hundred and fifty dollars, . . 3,950 00 

IG For certain other persons employed by the ser- 
geant-at-arms, in and about the chambers and 
rooms of the legislative department, a sum not 
exceeding twenty-four hundred and twenty- 
five dollars, 2,425 00 

17 For the salaries of the chaplains of the senate 
and house of representatives, the sum of fifteen 
hundred dollars, 1,500 00 

18a For personal services of the senate counsel and 
assistants, a sum not exceeding twelve thou- 
sand two hundred dollars, 12,200 00 

18b For personal services of the house counsel and 
assistants, a sum not exceeding eleven thou- 
sand one hundred and fifty dollars, . . . 11,150 00 

18c For clerical and other assistance of the senate 
committee on rules, a sum not exceeding forty- 
one hundred dollars, 4,100 00 

I8d For clerical and other expenses of the house 
committee on rules, a sum not exceeding 
thirty-five hundred and ninety-five dollars, . 3,595 00 

19 For authorized traveling and other expenses of 

the committees of the present general court, 
with the approval of a majcjrity of the com- 
mittee incurring the same, a sum not exceeding 
nine thousand dollars, 9,000 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 three thousand dollars, . 3,000 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-three thousand dollars, 53,000 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 



182 



Acts, 1921. — Chap. 203. 



Legislative 
department. 



Item 

24 



25 



26 



27 



28 



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 

For stationery for the senate, purchased by and 
with the approval of the clerk, a sum not ex- 
ceeding eight hundred dollars, .... 800 00 

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 

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 
eighteen thousand four hundred dollars, . . 18,400 00 

For the purchase of outline sketches of niembers 
of the senate and house of representatives, a 
sum not exceeding twelve hundred dollars, . 1,200 00 



Total, 



,315 00 



Judicial de- 
partment. 
Supreme 
Judicial Court. 



Service of the Judicial Department. 

Supreme Judicial Court, as follows : 

29 For the salaries of the chief justice and of the 

six associate justices, a sum not exceeding 

seventy thousand five hundred dollars, . . $70,500 00 

30 For traveling allowance and expenses, a sum not 

exceeding forty-five hundred dollars, . 4,500 00 

31 For the pensions of retired justices, a sum not 

exceeding thirty thousand dollars, . . . 30,000 00 

32 For the salary of the clerk for the common- 

wealth, a sum not exceeding thirtj'-five hun- 
dred dollars, 3,500 00 

33 For clerical assistance to the clerk, a sum not 

exceeding nine hundred dollars, . . . 900 00 

34 For clerical assistance to the justices, a sum not 

exceeding four thousand dollars, . . . 4,000 00 

35 For the services of stenographers to the justices, 

a sum not exceeding twenty-five hundred dol- 
lars, 2,500 00 

36 For office supplies, services and equipment of 

the supreme judicial court, a sum not exceed- 
ing twenty-five hundred dollars, . . . 2,500 00 

37 For the salaries of the officers and messengers, a 

sum not exceeding twenty-six hundred dol- 
lars, 2,600 00 

38 For the salary of the clerk for the county of 

Suffolk, a sum not exceeding fifteen hundred 

dollars, 1,500 00 



Acts, 1921. — Chap. 203. 



183 



Item 



39 
40 



Reporter of Decisions: 

For the salary of the reporter of decisions, a sum 
not exceeding six thousand dollars, . 

For clerk hire and office supplies, services and 
equipment, a sum not exceeding eight thou- 
sand dollars, 



Reporter of 
Decisions. 



Total, 



$6,000 00 



8,000 00 
$136,500 00 



Superior Court, as follows : 

41 For the salaries of the chief justice and of the 

twenty-seven associate justices, a sum not 
exceeding two hundred sixty-seven thousand 
eight hundred ninetj^-one dollars and thirteen 
cents, . . . ' $267,891 13 

42 For traveling allowance and expenses, a sum not 

exceeding fifteen thousand dollars, . . . 15,000 00 

43 For the salary of the assistant clerk, Suffolk 

county, a sum not exceeding one thousand 

dollars, 1,000 00 

44 For printing, transportation of papers and 

documents, and office supplies, services and 
equipment, a sum not exceeding fifteen hun- 
dred dollars, 1,500 00 

45 For pensions of retired justices, a sum not ex- 

ceeding eighteen thousand dollars, . . . 18,000 00 

Total, $303,391 13 



Superior 
Court. 



Probate and Insolvency Courts, as follows: 

46 For the salaries of judges of probate of the 

several counties, a sum not exceeding eighty- 
six thousand five hundred thirty-three dollars 
and thirty-three cents, $86,533 33 

47 For pensions of retired justices, a sum not ex- 

ceeding seventy-eight hundred dollars, . . 7,800 00 

48 For the compensation of judges of probate when 

acting outside of their own county for other 
judges of probate, a sum not exceeding twenty- 
five hundred dollars, 2,500 00 

49 For the salaries of registers of the several coun- 

ties, a sum not exceeding fifty-two thousand 
six hundred fifty-eight dollars and thirty-three 
cents, 52,658 33 

50 For the salaries of assistant registers, a sum not 

exceeding fifty-two thousand five hundred 

thirty-one dollars and twenty-five cents, . 52,531 25 



Probate and 

Insolvency 

Courts. 



Total, 



$202,022 91 



184 



Acts, 1921. — Chap. 203. 



Registers of 
Probate and 
Insolvency, 
clerical assist- 
ance. 



District 
Attorneys. 



Item 



51 
52 
53 
54 



55 
56 
57 



58 
59 
60 
61 



62 



63 



64 



65 



66 



67 



68 



For clerical assistance to Registers of the 
several counties, as follows: 

Barnstable, a sum not exceeding one thousand 
dollars, $1,000 00 

Berkshire, a sum not exceeding twelve hundred 
dollars, 1,200 00 

Bristol, a sum not exceeding sixty-eight hundred 

thirty-three dollars and thirty-three cents, . 6,833 33 

Dukes County, a sum not exceeding four hun- 
dred thirty-three dollars and thirt.y-three 
cents, 433 33 

Essex, a sum not exceeding ten thousand and 
fifty dollars, 10,050 00 

Franklin, a sum not exceeding one thousand dol- 
lars, 1,000 00 

Hampden, a sum not exceeding fifty-four hun- 
dred thirty-three dollars and thirty-three 
cents, 5,433 33 

Hampshire, a sum not exceeding one thousand 
dollars, 1,000 00 

Middlesex, a sum not exceeding fifteen thousand 
five hundred dollars, 15,500 00 

Nantucket, a sum not exceeding four hundred 

thirty-three dollars and thirty-three cents, . 433 <33 

Norfolk, a sum not exceeding six thousand dol- 
lars, 6,000 00 

Plymouth, a sum not exceeding twenty-five 
hundred sixty-six dollars and sixtj'-seven 
cents, 2,566 67 

Suffolk, a sum not exceeding eighty-six hundred 
dollars, 8,600 00 

Worcester, a sum not exceeding ninety-five 
hundred sixteen dollars and sixtj^-seven 
cents, 9,516 67 

For the salary of the clerk to the register for the 
county of Middlesex, a sum not exceeding 
two thousand dollars, 2,000 00 

For the salary of the clerk to the register for the 
county of Suffolk, a sum not exceeding fifteen 
hundred dollars, 1,500 00 

Total, 173,066 66 

District Attorneys, as follows: 

For the salaries of the district attorney and 
assistants for the Suffolk district, a sum not 
exceeding thirtj^-seven thousand dollars, . S37,000 00 

For the salaries of the district attorney and 
assistants for the northern district, a sum not 
exceeding fourteen thousand seven hundred 
and fifty dollars, _ . 14,750 00 



Acts, 1921. — Chap. 203. 



185 



Item 

69 



70 



71 



72 



73 



74 



75 



For the salaries of the district attorney and 
assistants for the eastern district, a sum not 
exceeding ten thousand two hundred and 
fifty dollars, $10,250 00 

For the salaries of the district attorney, deputy 
district attorney and assistants for the south- 
eastern district, a sum not exceeding ten 
thousand doUars, 10,000 00 

For the salaries of the district attorney and 
assistants for the southern district, a sum not 
exceeding eighty-two hundred dollars, . . 8.200 00 

For the salaries of the district attorney and 
assistants for the middle district, a sum not 
exceeding ten thousand two hundred and fifty 
dollars, 10,250 00 

For the salaries of the district attorney and 
assistants for the western district, a sum not 
exceeding forty-five hundred dollars, . 4,500 00 

For the salary of the district attorney for the 
northwestern district, a sum not exceeding 
two thousand dollars. . . . 2,000 00 

For traveling expenses necessarily incurred by 
the district attorneys, except in the Suffolk 
district, a sum not exceeding six thousand 
dollars, 6,000 00 



District 
Attorneys. 



Total, 



$102,950 00 



Service of the Land Court. 

76 For salaries of the judge, associate judge, the 

recorder and court officer, a sum not exceeding 
twenty-eight thousand six hundred dollars, . $28,600 00 

77 For engineering, clerical and other personal 

services, a sum not exceeding nineteen thou- 
sand dollars, . . . . . . . . 19,000 00 

78 For personal services in the examination of titles, 

for publishing and serving citations and other 
services, traveling expenses, supplies and 
office equipment, and for the preparation of 
sectional plans showing registered land, a sum 
not exceeding thirty-one thousand one hun- 
dred dollars, 31,100 00 



Land Court. 



Total, 



$78,700 00 



Service of the Commission on Probation. 

79 For personal services of the deputy commis- 
sioner, clerks, and stenographers, a siun not 
exceeding ten thousand five hundred and 
eighty doUars, $10,580 00 



Commission 
on Probation. 



186 



Acts, 1921. — Chap. 203. 



Commission 
on Probation. 



Item 

80 



For service other than personal, including print- 
ing the annual report, traveling expenses, office 
supplies and equipment, a sum not exceeding 
twenty-six hundred dollars, .... 



Total, 



S2,600 00 
$13,180 00 



Board of Bar 
Examiners. 



81 



82 



Service of the Board of Bar Examiners. 

For personal services of the members of the 
board, a sum not exceeding sixty-three hun- 
dred dollars, S6,300 00 

For other services, including printing the annual 
report and traveling expenses, office supplies 
and equipment, a sum not exceeding twenty- 
two hundred dollars, 2,200 00 



Total. 



^,500 00 



Executive 
Department. 



Service of the Executive Department. 

83 For the salary of the governor, the sum of ten 

thousand dollars, $10,000 00 

84 For the salary of the lieutenant governor, the 

sum of four thousand dollars, .... 4,000 00 

85 For the salaries of the eight councillors, the sum 

of eight thousand dollars, 8,000 00 

86 For the salaries of officers and employees of the 

department, a sum not exceeding eighteen 

thousand six hundred and sixty dollars, . . 18,660 00 

87 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 

88 For postage, printing, office and other contin- 

gent expenses, including travel, of the gov- 
ernor, a sum not exceeding eleven thousand 
dollars, 11,000 00 

89 For postage, printing, stationery, traveling and 

contingent expenses of the governor and 
council, a sum not exceeding four thousand 
dollars, . 4,000 00 

90 For expenses incurred in the arrest of fugitives 

from justice, a sum not exceeding one thousand 

dollars, 1,000 00 

91 For payment of extraordinary expenses and for 

transfers made to cover deficiencies, with the 
approval of the governor and council, a sum 
not exceeding one hundred thousand dollars, . 100,000 00 



Total, 



$158,160 00 



Acts, 1921. — Chap. 203. 



187 



Service of the Adjutant General. 

Item 

92 For the salary of the adjutant general, a sum not 

exceeding forty-one hundred dollars, . . $4,100 00 

93 For the salary of the adjutant general's assistant, 

a sum not exceeding twenty-two hundred dol- 
lars, 2,200 00 

94 For the personal services of office assistants, a 

sum not exceeding twenty-one thousand five 

hundred and fifty dollars, . . . . . 21,550 00 

95 For personal services of the members of the in- 

telligence bureau, a sum not exceeding ten 

thousand dollars, 10,000 00 

96 For personal services in the division of records 

of the world's war, a sum not exceeding eleven 

thousand nine hundred dollars, . . . 11,900 00 

97 For services other than personal, printing the 

annual report, and for necessarj' office sup- 
plies and expenses, a sum not exceeding ten 
thousand dollars, 10,000 00 

98 For expenses not otherwise provided for in con- 

nection with military matters and accounts, a 
sum not exceeding sixty-eight hundred dol- 
lars, 6,800 00 

99 For services other than personal, and for neces- 

sary office supplies and expenses of the in- 
telligence bureau, a sum not exceeding sixty- 
five hundred dollars, 6,500 00 

100 For services other than personal and for neces- 

sary office supplies and expenses of the division 
of records of the world's war, a sum not ex- 
ceeding twenty-five hundred dollars, . . 2,500 00 

101 For premium on bonds for officers, a sum not 

exceeding seven hundred dollars, . . . 700 00 

102 For the purchase of an automobile for the gov- 

ernor, a sum not exceeding thirty-five hun- 
dred and sixteen dollars, 3,516 00 

103 For expenses of maintenance and operation of 

an automobile for any use directed by the gov- 
ernor or adjutant general, a sum not exceed- 
ing five thousand dollars, 5,000 00 



Adjutant 
General. 



Total, 



$84,766 00 



104 



105 



Service of Reorganized Militia. 

For allowances to companies and other adminis- 
trative units, a sum not exceeding one hundred 
twenty-two thousand dollars, .... $122,000 00 

For pay, expenses and transportation for re- 
cruiting, a sum not exceeding twenty-five 
hundred dollars, . 2,500 00 



Reorganized 

Militia. 



188 Acts, 1921. — Chap. 203. 



Militia. 



Item 

^«?y?fnized 106 For pay and transportation of certain boards, a 

sum not exceeding five thousand dollars, . . 15,000 00- 

107 For pay and expenses of certain camps of in- 
struction, a sum not exceeding five thousand 
dollars, . . . •.-.•.•.• • 5,000 00 

108 For pay and transportation in making inspec- 
tions and surveys, and for escort duty, a sum 
not exceeding four thousand dollars, . . 4,000 00 

109 (This item omitted.) 

110 For transportation of officers and non-commis- 
sioned officers for attendance at military 
meetings, a sum not exceeding ten thousand 
eight hundred dollars, . . . . . 10,800 00 

111 For transportation to and from regimental and 
battalion drills, a sum not exceeding sixty-two 
hundred dollars, . . . . . . . 6,200 00 

112 For transportation when appearing for examina- 
tion, a sum not exceeding twenty-five hundred 
dollars, . . . . . . . . . 2,500 00 

113 For certain other military transportation pro- 
vided by law, a sum not exceeding four thou- 
sand dollars, . . 4,000 00 

114 For expenses of rifle practice, a sum not exceed- 
ing twenty thousand dollars, .... 20,000 00 

115a For compensation, transportation and expenses 
in the preparation for camp duty or maneu- 
vers, a sum not exceeding seventy-five hun- 
dred dollars, 7,500 00 

1156 For subsistence, a sum not exceeding one thou- 
sand dollars, . 1,000 00 

115c For expenses of escort in attending the inaugura- 
tion at Washington, D. C, a sum not exceed- 
ing fifteen hundred dollars, .... 1,500 00 

115d! For maintenance of horses, a sum not exceeding 

ten thousand dollars, 10,000 00 

116 (This item omitted.) 

117 For compensation for special and miscellaneous 
duty, a sum not exceeding fifteen thousand 
dollars, . 15,000 00 

118 For compensation for accidents and injuries 
sustained in the performance of military duty, 
a sum not exceeding twenty-five hundred dol- 
lars, . . . 2,500 00 

119 For reimbursement for death and injuries to 
horses, a sum not exceeding twenty-five hun- 
dred doUars, 2,500 00 . 

Total, $222,000 00 



Acts, 1921. — Chap. 203. 



189 



Item 

120 



Service of the Property and Disbursing Officer. 

For clerical services and other expenses for the 
office of the property and disbursing officer, a 
sum not exceeding thirtj^-five hundred dol- 
lars, 



Property and 

Disbursing 

Officer. 



5,500 00 



Mexican Border Service. 

120§ For the expense of furnishing certificates of 
honor for service on the Mexican border, as 
authorized by law, a sum not exceeding five 
hundred dollars, the same to be in addition to 
any sum heretofore appropriated for the pur- 
pose, 



Mexican 
Border 

Service, certifi- 
cates of honor. 



$500 00 



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- 
two hundred dollars, 



Publication of 
Records of 
Massachusetts 
Soldiers and 

r,2oo 00 giTw^i. 



Service of the Chief Quartermaster. 

122 For personal services of the chief quartermaster, 

superintendent of armories and superintendent 
of arsenal, a sum not exceeding sixty-eight 
hundred dollars, $6,800 00 

123 For personal services of other employees of the 

chief quartermaster, a sum not exceeding 

twelve thousand one hundred dollars, . . 12,100 00 

124 For expert assistance, the employment of which 

may be exempt fro'n civil service rules, in the 
disbursement of certain monej^ to the officers 
and enlisted men of the state guard and 
militia for compensation and allowances, a 
sum not exceeding twelve hundred dollars, . 1,200 00 

125 For the salaries of armorers and assistant 

armorers of first class armories, a sum not 
exceeding one hundred five thousand six hun- 
dred and forty dollars, 105,640 00 

126 For certain incidental military expenses of the 

quartermaster's department, a sum not ex- 
ceeding thirty-five hundred dollars, . . . 3,500 00 

127 For office and general supplies and equipment, a 

sum not exceeding eight thousand dollars, . 8,000 00 

128 For the care and maintenance of the camp 

ground and buildings at Framingham, a sum 

not exceeding five thousand dollars, . . 5,000 00 



Chief 
Quartermaster, 



190 



Acts, 1921. — Chap. 203. 



Chief 
Quartermaster. 



Chief 
Surgeon. 



Item 

129 



130 



131 



132 



133 



134 
135 



136 



137 



138 



For the maintenance of armories of the first 
class, a sum not exceeding one hundred fifty- 
five thousand dollars, $155,000 00 

For reimbursement for rent and maintenance of 
armories of the second class, a sum not ex- 
ceeding three thousand dollars, . . 3,000 00 

For reimbursement for rent and maintenance of 
armories of the third class, a sum not exceed- 
ing forty-six hundred dollars, .... 4,600 00 

For an allowance for a mechanic for each battery 
of field artillery, a sum not exceeding ninety- 
six hundred dollars, 9,600 00 

For certain alterations and improvements of 
armories of the first class, a sum not exceeding 
fifteen thousand dollars, 15,000 00 

For rental of certain stables for horses, a sum 
not exceeding fifteen thousand dollars, . . 15,000 00 

For rental of armories of the third class, a sum 
not exceeding twenty-seven hundred dollars, . 2,700 00 



Total, 



$347,140 00 



Service of the Chief Surgeon. 

For personal services of the chief surgeon and 
regular assistants, a sum not exceeding fifty- 
eight hundred and twenty dollars, . 

For services other than personal, and for neces- 
sary medical and office supplies and equip- 
ment, a sum not exceeding three thousand 
dollars, 

For the examination of recruits, a sum not ex- 
ceeding eight thousand dollars, 



Total, 



$5,820 00 

3,000 00 

8,000 00 

$16,820 00 



Service of the Commission for Aiding Returned Soldiers, Sailors and 

Marines. 



139 



Commission 
for Aiding 
Returned 
Soldiers, 
Sailors and 
Marines. 



Supervisor of 1 ^Q 
Aaministra- 



For expenses of continuing the work of the com- 
mission for aiding returned soldiers, sailors 
and marines in finding employment, a smn 
not exceeding twelve thousand dollars, the 
same to be in addition to any sum heretofore 
appropriated for the purpose, .... 



$12,000 00 



141 



Service of the Supervisor of Administration. 

For the salaries of the supervisor and deputy, a 
sum not exceeding ten thousand five hundred 
dollars, . . $10,500 00 

For other personal services, a sum not exceeding 
twenty-one thousand one hundred and fifty 
doUars, 21,150 00 



Acts, 1921. — Chap. 203. 191 

Item 

142 For services other than personal and for traveling - Supervisor of 

I- _ o Administration. 

expenses, ofnce supplies and equipment, a sum 
not exceeding twenty-five hundred and twentv- 
five dollars, . . ' $2,525 00 



Total, $34,175 00 

Service of the Armory Commission. 

143 For compensation of members, a sum not ex- Armory 

ceeding twenty-three hundred dollars, . . $2,300 00 Commission. 

144 For office and traveling expenses, and certain 

equipment, a sum not exceeding fifteen thou- 
sand three hundred dollars, .... 15,300 00 



Total, $17,600 00 

Service of the Board of Appeal from Decisimis of the Commissioner 
of Corporations and Taxation. 

145 For expenses of the board, a sum not exceed- Board of 

ing seventy-five dollars, $75 00 ^^^'''■^' ^*''- 

Service of the Commissioner of State Aid and Pensions. 

146 For personal services of the commissioner and Commissioner 

J , J. J • • J. 1 of State Aid 

deputy, a sum not exceeding sixty-seven hun- and Pensions 

dred dollars, $6,700 00 

147 For personal services of agents, clerks, stenog- 

raphers and other assistants, a sum not ex- 
ceeding thirty-one thousand seven hundred 
and seventy dollars, 31,770 00 

148 For services other than personal, including print- 

ing the annual report, traveling expenses of the 
commissioner and his employees, and neces- 
sary office supplies and equipment, a sum not 
exceeding fifty-five hundred dollars, . . 5,500 00 



Total, $43,970 00 

For Expenses on Account of Wars. 
149 For reimbursing cities and towns for money paid Expenses on 

on account of state and military aid to Massa- Ware!*'* 

chusetts soldiers and their families, the sum of 
five hundred five thousand five hundred dol- 
lars, the same to be paid on or before the fif- 
teenth day of November in the year nineteen 
hundred and twenty-one, in accordance with 
the provisions of existing laws relative to state 
and military aid, $505,500 00 



192 



Acts, 1921. — Chap. 203. 



Massachusetts 
Soldiers' Home, 
etc. 



Item 
150 



151 



152 



For the maintenance of the Massachusetts Sol- 
diers' Home, with the approval of the trustees 
thereof, a sum not exceeding one hundred 
seventy-five thousand dollars, .... $175,000 00 

For certain improvements and additions at the 
Massachusetts Soldiers' Home, a smn not ex- 
ceeding fifteen thousand dollars, pajnnent to 
be made upon vouchers approved by the trus- 
tees of said institution, 15,000 00 

For compensation to certain state employees in 
the military or naval service of the United 
States, as authorized by chapter three hundred 
and one of the General Acts of nineteen hun- 
dred and seventeen, a sum not exceeding four- 
teen hundred forty-five dollars and fifty cents, 1,445 50 



Total, 



$696,945 50 



.\rt Commis- 153 
sion. 



Service of tlie Art Commission. 

For expenses of the commission, a sum not ex- 
ceeding one hundred dollars, . . . . 



$100 00 



Ballot Law 
Commission. 



154 
155 



Commission 
on Uniform 
State Laws. 



156 



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 



Service of Commissioners on Uniform State Laws. 

For expenses, for the current fiscal year, of the 
commissioners on uniform state laws, a sum 
not exceeding seven hundred and fifty dollars, $750 00 



Service of the State Library. 

State Library. J 57 For personal services of the librarian, a sum not 

exceeding five thousand dollars, . . . $5,000 00 

158 For personal ser\aces of the regular library as- 

sistants, temporary clerical assistance, and for 
services for cataloguing, a sum not exceeding 
twenty-six thousand four hundred and twenty 
dollars, . 26,420 00 

159 For services other than personal, including 

printing the annual report, office supplies and 
equipment, and incidental traveUing expenses, 
a sum not exceeding twenty-seven hundred 
and fifty dollars, 2,750 00 



Acts, 1921. — Chap. 203. 



193 



Item 

160 



For books and other publications and things 
needed for the hbrary, and the necessary 
binding and rebinding incidental thereto, a 
sum not exceeding ninety-five hundred dollars, 



State 
Library, 



19,500 00 



Total, 



$43,670 00 



Service of the Superintendent of Buildings. 

161 For personal services of the superintendent and 

office assistants, a sum not exceeding nineteen 
thousand eight hundred dollars, 

162 For personal services of engineers, assistant en- 

gineers, firemen and helpers in the engineer's 
department, a sum not exceeding sixty-five 
thousand seven hundred and fiftj'-six dollars, . 

163 For personal services of watclunen and assistant 

watclimen, a sum not exceeding thirty-seven 
thousand one hundred dollars, .... 

164 For personal services of porters, a sum not ex- 

ceeding twent}^ thousand nine hundred dollars, 

165 For other personal services incidental to the care 

and maintenance of the building, a sum not 
exceeding twelve thousand nine hundred and 
thirty dollars, 



Total, 



S19,800 00 



65,756 00 



37,100 00 
20,900 00 



12,930 00 
$156,486 00 



Superin- 
tendent of 
Buildings. 



Other Annual Expenses. 

166 For contingent, office and other expenses of the 

superintendent, a sum not exceeding twelve 

hundred dollars, $1,200 00 

167 For telephone service in the building, and ex- 

penses in connection therewith, a sum not ex- 
ceeding thirty-six thousand dollars, . . . 36,000 00 

168 For services, supplies and equipment necessary to 

furnish heat, light and power, a smu not ex- 
ceeding seventy-seven thousand dollars, . . 77,000 00 

169 For other services, supplies and equipment neces- 

sary for the maintenance and care of the state 
house, including repairs of furniture and 
equipment, a sum not exceeding ninety-nine 
thousand dollars, 99,000 00 

170 For the purchase of such new furniture and fix- 

tures as mav be necessary, a sum not exceeding 

ten thousand dollars, 10,000 00 

Total, $223,200 00 



Other annual 
expenses. 



194 



Acts, 1921. — Chap. 203. 



Drainage 
Board. 



Item 



Service of the Drainage Board. 



I7O2 For expenses of the board, a sum not exceeding 

one thousand dollars, $1,000 00 



Old State 

House, 

maintenance. 



For tlie Maintenance of the Old State House. 

171 For the contribution of the commonwealth 
toward the maintenance of the old provincial 
state house, the siun of fifteen hundred dollars, 



$1,500 00 



Commission 
to Destroy 
Obsolete 
Records, etc. 



Secretary of 
the Common- 
wealth. 



Service of the Commission to Destroy Obsolete and Worthless Records, 
Books and Documents. 

172 For services and expenses of the commission, a 

sum not exceeding one hundred dollars, . . $100 00 

Service of the Secretary of the Commonwealth. 

173 For the salaries of the secretary and officers and 

employees holding positions established by 
law, a sum not exceeding twentj-one thousand 
one hundred dollars, $21,100 00 

174 For services of additional clerks and other assist- 

ants, a sum not exceeding seventv-six thousand 

five hundred dollars, . . \ . . . 76,500 00 

175 For services other than personal, traveling ex- . 

penses, office supplies and equipment, a sum 

not exceeding twelve thousand dollars, . . 12,000 00 

176 For postage and expressage on public documents, 

and for mailing copies of l:)ills and resolves to 
certain state, city and town officials, a sum 
not exceeding five thousand dollars, . . 5,000 00 

177 For the arrangement and preservation of state 

records and papers, a sum not exceeding one 

thousand dollars, 1,000 00 

178 For printing registration books and blanks and 

indexing returns, a sum not exceeding three 

thousand dollars, 3,000 00 

179 For the purchase of copies of certain town 

records prior to eighteen hundred and fifty, a 

sum not exceeding five thousand dollars, . 5,000 00 

180 For printing the historj' of certain regiments in 

the civil war and in the world war, the sum 

of five thousand dollars, . . . . _ . 5,000 00 

181 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 thirtj'-four 
hundred dollars, \ . 3,400 00 



Acts, 1921. — Chap. 203. 



195 



Item 

182 



For the purchase and distribution of copies of 
certain journals of the house of representa- 
tives of Massachusetts Bay from seventeen 
hundred and fifteen to seventeen hundred and 
eighty, as authorized by chapter four hundred 
and thirteen of the acts of nineteen liundred 
and twenty, a sum not exceeding twelve 
hundred and fifty dollars, 



Total, 



Secretary of 
the Common- 
wealth. 



$1,250 00 
$133,250 00 



For printing laws, etc. : 

183 For printing the pamphlet edition of the acts and 

resolves of the present vear, a sum not exceed- 
ing ten thousand dollars, $10,000 00 

184 For the printing of a cumulative index to the 

acts and resolves, a sum not exceeding one 

thousand dollars, 1,000 00 

185 For printing and binding the blue book edition 

of the acts and resolves of the present year, 
a sum not exceeding twenty thousand dol- 
lars, 20,000 00 

186 For the purchase of reports of decisions of the 

supreme judicial court, a sum not exceeding 

five thousand dollars, 5,000 00 

187 For the purchase of paper used in the execution 

of the contract for the state printing, a sum 
not exceeding one hundred fift}^ thousand 
dollars, ' . . . 150,000 00 

188 For printing and binding public documents, a 

sum not exceeding twenty-five thousand dol- 
lars, 25,000 00 

189 For the printing of another edition of Bradford's 

History of Plymouth Plantation, a sum not 

exceeding twenty-five hundred dollars, . . 2,500 00 



Printing laws, 
etc. 



Total, 



$213,500 00 



190 
191 
192 



193 



194 



For printing matters relating to elections: 

(This item omitted.) 

(This item omitted.) 

For the printing of blanks for town officers, elec- 
tion laws and blanks and instructions on all 
matters relating to elections, a sum not ex- 
ceeding five thousand dollars, .... 

For furnishing cities and towns with ballot 
boxes and for repairs to the same, a sum not 
exceeding one thousand dollars, 

(This item omitted.) 



Election 

matters. 



$5,000 00 
1,000 00 



196 



Acts, 1921. — Chap. 203. 



Item 
Election 195 

matters. 



196 
197 



For the purchase of apparatus to be used at 
poUing places in the canvass and counting of 
votes, a sum not exceeding two hundred and 
fifty dollars, 

(This item omitted.) 

(This item omitted.) 



Total, 



$250 00 



3,250 00 



Supervisor of J 98 

Public 

Records. 

199 



200 



Census 
Division. 



201 



202 



203 



Supervisor of Public Records: 

For personal services of the supervisor and liis 
office assistant, a sum not exceeding forty-eight 
hundred dollars, $4,800 00 

For the purchase of ink for public records of the 
commonwealth, a sum not exceeding eight 
hundred dollars, 800 00 

For traveling expenses of the supervisor of public 
records, a sum not exceeding thirteen hundred 
dollars, 1,300 00 

Total, $6,900 00 

Summer census: 
(This item omitted.) 

Decennial census: 

For personal services of the census division of 
the department of the secretar}'' of the com- 
monwealth, a sum not exceeding five thousand 
dollars, . . . $5,000 00 

For expenses of the census division of the de- 
partment of the secretary of the common- 
wealth, a sum not exceeding one thousand 
dollars, 1,000 00 

Total, $6,000 00 



Medical Exam- 204 
iners' fees. 



Medical Examiners' fees: 
For medical examiners' fees as provided by law, 
a sum not exceeding nine hundred dollars. 



$900 00 



Treasurer 
and Receiver 
General. 



Service of the Treasurer and Receiver General. 

205 For the salary of the treasurer and receiver gen- 

eral and other officers and employees holding 
positions established by law, a sum not exceed- 
ing forty-one thousand two hundred and sixty 
dollars, $41,260 00 

206 For services of additional clerical and other as- 

sistants, a sum not exceeding eleven thousand 

six hundred dollars, 11,600 00 



Acts, 1921. — Chap. 203. 



197 



Item 
207 



208 



209 



210 



211 



212 



213 



For services other than personal, traveling ex- 
penses, office suppUes and equipment, a sum 
not exceeding nine thousand dollars, . . $9,000 00 

For the expenses of administering chapter two 
hundred and eleven of the General Acts of 
nineteen hundred and seventeen, a sum not 
exceeding four thousand dollars, to be paid 
from the receipts from taxes levied under au- . 
thority of chapters two hundred and eighty- 
three and three hundred and forty-two of the 
General Acts of nineteen hundred and nine- 
teen, .' 4,000 00 

Total, 



Treasurer 
and Receiver 
General. 



For relief disbursed, with the approval of the 
conunissioners on firemen's relief, subject to 
the provisions of law, a sum not exceeding 
seventeen thousand five hundred dollars, 

For the expenses of administration by the com- 
missioners on firemen's relief, a sum not ex 
ceeding five hundred dollars. 



Total, 



, $65,860 00 






Commissioners 
on Firemen's 
Relief. 


$17,500 00 




500 00 




, $18,000 00 






State Board of 
Retirement. 



State Board of Retirement: 

For personal services in the administrative office 
of the state board of retirement, a sum not 
exceeding eight thousand and sixty dollars, . $8,060 00 

For services other than personal, printing the 
annual report, and for office supplies and 
equipment, a sum not exceeding thirtj^-four 
hundred dollars, 3,400 00 

For requirements of annuity funds and pensions 
for employees retired from the state service 
under authority of law, a sum not exceeding 
seventy-one thousand dollars, .... 71,000 00 

Total, ........ $82,460 00 



Requirements for Extinguishing the State Debt. 

214 For sinking fmid requirements and for certain 
serial bonds maturing during the present year, 
the sum of one million seven hundred eighty- 
five thousand three hundred seventy-eight 
dollars and seventy-five cents, of wliich sum 
thirty-four thousand dollars for serial bonds 
for the abolition of grade crossings shall be 
paid from the balance now in the treasury of 



Requirements 
for Extinguish- 
ing State Debt. 



198 



Acts, 1921. — Chap. 203. 



Item 



the proceeds of the last loan for said purpose ; 
two hundred and five thousand doUars for the 
development of the port of Boston loan shall 
be paid from the balance of the proceeds of 
the sale of the Boston dry dock out of the ap- 
propriation made by section four of chapter 
two hundred and twenty-five of the acts of 
nineteen hundred and twent}^, and sixty thou- 
sand dollars for serial bonds for the harbor 
improvement loan shall be paid from the un- 
expended balance now in the treasury of the 



proceeds of said loan, 



$1,785,378 75 



Interest re- 
quirements. 



Interest Requirements. 

215 For the payment of interest on the direct debt 
and temporary loans of the commonwealth, a 
sum not exceeding two million thirtj^-six 
thousand eight hundred and seventy-five dol- 



lars, 



$2,036,875 00 



Auditor of the 
Common- 
wealth. 



Service of the Auditor of the Conimonicealth. 

216 For the salary of the auditor and other officers 

and employees holding positions established 
by law, a sum not exceeding twenty-eight 
thousand one hundred and fifty dollars, . . $28,150 00 

217 For services of such additional clerical and other 

assistance as may be necessary, a sum not ex- 
ceeding forty-four thousand three hundred 
dollars, 44,300 00 

218 For services other than personal, traveling ex- 

penses, office supplies and equipment, a sum 

not exceeding seventy-four hundred doUars, . 7,400 00 



Total, 



$79,850 00 



Unclassified 
accounts and 
claims. 



Unclassified Accounts and Claims. 

219 For the compensation of veterans of the civil 

war and certain others formerly in the service 
of the commonwealth, now retired, a sum not 
exceeding seventy thousand dollars, . . $70,000 00 

220 For the compensation of any veteran who may 

be retired by the governor under the provi- 
sions of sections fifty-six to sixtj'^, inclusive, of 
chapter thirty-two of the General Laws, a 
sum not exceeding five hundred dollars, . . 500 00 

221 For the compensation of certain prison officers 

and instructors formerly in the service of the 
commonwealth, and now retired, a sum not 
exceeding twenty-two thousand dollars, . . 22,000 00 



Acts, 1921. — Chap. 203. 199 

Item 

222 For the compensation of district police officers Unclassified 

formerly in the service of the commonwealth, d^ms!^ ^"'^ 

and now retired, a smn not exceeding seven 

thousand dollars, $7,000 00 

223 For the compensation of certain women formerly 

employed b,y 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, $100,850 00 

For certain other aid : 

224 For the compensation of certain public em- 

ployees for injuries sustained in the course of 
their employment, as provided bj' section 
sixty-nine of chapter one hundred and fifty- 
two of the General Laws, a siun not exceeding 
seventeen thousand dollars, .... $17,000 00 

225 For the payment of certain annuities and pen- 

sions of soldiers and others under the provi- 
sions of certain acts and resolves, a smn not 
exceeding eight.y-four hundred and fortv dol- 
lars, . . " '. . 8,440 00 



Total, $25,440 00 

226 For expenses incurred in the construction and 

repair of roads in the town of Mashpee during 
the year nineteen hundred and twentj', the 
sum of three hundred dollars, .... $300 00 

227 For maintenance of boulevards and parkways, 

with the approval of the metropolitan district 
commission, a sum not exceeding two hundred 
twenty-nine thousand four hundred and fifty 
dollars, representing the state's portion or one 
half of the estimated cost of maintenance, to 
be paid from receipts in the Motor Vehicle 
Fees Fund, 229,450 00 

228 For maintenance of Wellington bridge, with the 

approval of the metropolitan district com- 
mission, a sum not exceeding thirty-seven 
hundred and fifty dollars, representing the 
state's portion or one quarter of the estimated 

cost of maintenance, 3,750 00 

228| For reimbursing oflScials for premiums paid for 
procuring sureties on their bonds, as provided 
by existing laws, a sum not exceeding three 
hundred dollars, 300 00 

229 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 



200 



Acts, 1921. — Chap. 203. 



Unclassified 
accounts and 
claims. 



Item 

230 For payment in accordance with law of such 

claims as may arise in consequence of tlie 
death of firemen, and of persons acting as 
firemen, from injuries received in the discharge 
of their duties, a sum not exceeding twentj'- 
five thousand dollars, 

231 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 dol- 
lars, 

232 For the payment of any claims, as authorized by 

section eightj^-seven of chapter thirty-two of 
the General Laws, for an allowance to the 
families of policemen killed or fatally injured 
in the discharge of their duties, a sum not 
exceeding one thousand dollars, 

Total, 



125,000 00 



1,000 00 



1,000 00 
1310,800 00 



Attorney- 
General's De- 
partment. 



Service of the Attorney-GeneraV s Department. 

233 For the salary of the attorney-general, the sum 

of eight thousand dollars, $8,000 00 

234 For the compensation of assistants in his office, 

and for such other legal and personal services 
as may be required, a sum not exceeding sixty- 
seven thousand dollars, 67,000 00 

235 For services other than personal, traveling ex- 

penses, office supplies and equipment, a sum 

not exceeding eight thousand dollars, . . 8,000 00 



Total, 



$83,000 00 



Department of 236 
Agriculture. 

237 



238 
239 



240 



241 



Service of the Department of Agriculture. 

For the salary of the commissioner, a sum not 
exceeding five thousand dollars, . . . $5,000 00 

For personal services of clerks and stenographers, 
a sum not exceeding twelve thousand five hun- 
dred dollars, . 12,500 00 

For the traveling expenses of the commissioner, 

a sum not exceeding six hundred dollars, . 600 00 

For services other than personal, printing the 
annual report, office supplies and equipment, 
and printing and furnishing trespass posters, 
a sum not exceeding fifty-five hundred dollars, 5,500 00 

For the compensation and expenses of members 
of the advisory board, a sum not exceeding 
twenty-two hundred dollars, .... 2,200 00 

For services and expenses of apiary inspection, 
a sum not exceeding fifteen hundred dollars, . 1,500 00 



Acts, 1921. — Chap. 203. 



201 



Item 



242 

243 



244 
245 



246 



Division of Agricultural Information : 
For personal services, a sum not exceeding sixty- 
five hundred and forty dollars, .... 
For other expenses and for disseminating useful 
information in agriculture, a sum not exceeding 
seventy-two hundred dollars, .... 

Division of Dairying and Animal Husbandry: 
For personal services, a sum not exceeding nine 

thousand dollars, 

For other expenses including the enforcement of 

the dairy laws of the commonwealth, a smn 

not exceeding forty-eight hundred dollars. 
For expenses of demonstration sheep farms, a 

sum not exceeding forty -three hundred dollars, 



Division of 
1 ,^40 00 Agricultural 
J,U'±U UU Information. 



7,200 00 



Division of 

9.000 00 ^^^ 

bandry. 

4,800 00 
4,300 00 



Division of Plant Pest Control : 

247 For personal services, a sum not exceeding ten 

thousand seven hundred dollars, 

248 For other expenses, a sum not exceeding sixty- 

three hundred dollars, 

249 For quarantine and other expenses in connection 

with the work of suppression of the European 
corn borer, so-called, a sum not exceeding six 
thousand dollars, 



Division of 

1 n 700 on P'^"* P^st 

1U,/UU UU Control. 
6,300 00 



6,000 GO 



Division of Ornithology: 

250 For personal services, a sum not exceeding thirty- 

seven hundred dollars, 3,700 00 

251 For other expenses, a sum not exceeding four 

hundred and fifty dollars, 450 00 



Division of 
Ornithology. 



Division of Markets: 

252 For personal services, a sum not exceeding four- 

teen thousand dollars, 14,000 00 

253 For other expenses, a sum not exceeding three 

thousand dollars, 3,000 00 



Division of 

Markets. 



Division of Reclamation, Soil Survey and 
Fairs: 

254 For personal services, a sum not exceeding ninety- 

five hundred dollars, 

255 For travel and other expenses, a sum not exceed- 

ing fifty-five hundred dollars, .... 

256 For state prizes and agricultural exhibits, a sura 

not e.xceeding twenty-seven thousand dollars, 
this sum to be in addition to any amount 
heretofore appropriated for this purpose, and 
any unexpended balance remaining at the end 
of the current fiscal year may be used in the 
succeeding year, 



Division of 
9,500 00 Reclamation. 
' Soil survey 

and Fairs. 

5,500 00 



27,000 00 



202 Acts, 1921. — Chap. 203. 

Item 

Riciamati^ 257 Foi the super\dsion and care of school boys 
Soil Survey ' Working upon farms during the present season, 
and Fairs. a gu^i not exceeding two thousand dollars, to 
be expended with the approval of the commis- 
sioner, $2,000 00 

2571 For expense of drawings for book on birds of 
Massachusetts, a sum not exceeding four 
thousand dollars, 4,000 00 

Total, 1151,290 00 

Service of the Department of Conservation. 

Administration : 
Department 258 For the salary of the commissioner, a sum not 
tion.°'^^^'^^^' exceeding five thousand dollars, . . . S5,000 00 
259 For traveling expenses of the commissioner, a 
sum not exceeding two hundred and fifty dol- 
lars, 250 00 



of Forestry, 



Total, $5,250 00 

Division of Forestry: 
Division^^^ 260 For personal services of office assistants, a sum 
not exceeding ten thousand five hundred dol- 
lars, $10,500 00 

261 For services other than personal, including 
printing the annual report, and for traveling 
expenses of the secretary, and necessary office 
supplies and equipment, a sum not exceeding 
fifty-five hundred dollars, 5,500 00 

262 For the salaries and expenses of foresters and 
necessary labor, supplies and equipment in 
maintaining forest tree nurseries, a sum not 
exceeding thirteen thousand dollars, . . 13,000 00 

263 For the purchase of land and reforesting the 
same, a simi not exceeding ten thousand dol- 
lars, 10,000 00 

264 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 one thousand 
dollars, 1,000 00 

265 For the personal services of the state fire warden 
and his assistants, and for other services, in- 
cluding traveling 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 thousand dollars, . 40,000 00 



Acts, 1921. — Chap. 203. 203 

Item 

266 For the suppression of the gypsy and brown tail ^Forestr 

moths, and for expenses incidental thereto, 
a sum not exceeding two hundred ten thousand 
dollars, this sum to be in addition to any 
amount heretofore appropriated for this pur- 
pose, and any unexpended balance remaining 
at tlie end of the current fiscal year may be 
used in the succeeding year, .... $210,000 00 

267 For the planting and maintenance of state for- 

ests, a sum not exceeding twent3'-five thousand 

dollars, 25,000 00 

268 For the purchase and development of state for- 

ests, as authorized by section thirty-six of 
chapter one hundred and thirty-two of the 
General Laws, a sum not exceeding one hun- 
dred seventy-five thousand dollars, this sum 
to be in addition to any amount heretofore 
appropriated for this purpose, and any unex- 
pended balance remaining at the end of the 
current fiscal year may be used in the succeed- 
ing year, 175,000 00 

269 For the maintenance of the Standish monument 

reservation, a simi not exceeding three thou- 
sand dollars, 3,000 00 

270 For the maintenance of Mount Grace state for- 

est, a sum not exceeding one thousand dollars, 1,000 00 

271 For the maintenance of nurseries for the growing 

of seedlings for the planting of state forests, as 
authorized by section thirty-six of chapter one 
hundred and thirtj^-two of the General Laws, 
a sum not exceeding twenty-five thousand dol- 
lars, and any unexpended balance remaining 
at the end of the current fiscal year may be used 
in the succeeding year, 25,000 00 

272 For reimbursement to certain towns, as author- 

ized by section twenty-four of chapter forty- 
eight of the General Laws, a sum not exceeding 
one thousand dollars, 1,000 00 



Total, ...'•?.... $520,000 00 

Division of Fisheries and Game: 

273 For the salary of the director, a sum not exceed- Division of 

ing four thousand dollars, $4,000 00 Game?"' 

274 For personal services of office assistants, a sum 

not exceeding eighty-six hundred dollars, . 8,600 00 

275 For services other than personal, including 

printing the annual report, traveling expenses 
and necessary office supplies and equipment, 
a sum not exceeding eleven thousand six hun- 
dred dollars, 11,600 00 



204 



Acts, 1921. — Chap. 203. 



Division of 
Fisheries and 
Game. 



Item 

276 



For expenses of exhibitions and other measures 
to increase the interest of the public in the 
protection and propagation of fish and game, 
a sum not exceeding one thousand dollars, . 



$1,000 00 



Enforcement 
of laws. 



Enforcement of laws : 

277 For personal services of fish and game wardens, 

a sum not exceeding fifty-seven thousand dol- 
lars, 57,000 00 

278 For traveling expenses of fish and game wardens, 

and for other expenses necessary for the en- 
forcement of the laws, a sum not' exceeding 
eighteen thousand three hundred dollars, . 18,300 00 



Biological 

work- 



Biological work: 

279 For personal services to carry on biological work, 

a sum not exceeding forty-seven hundred and 

forty dollars, . 4,740 00 

280 For traveling and other expenses of the biologist 

and his assistants, a sum not exceeding twenty- 
four hundred dollars, 2,400 00 

281 For the maintenance of game farms and fish 

hatcheries, and for the propagation of game 
birds and animals and food fish, a smn not 
exceeding eighty-two thousand six hundred 
and fifty dollars, 82,650 00 



Marine 
fisheries. 



282 



283 



Marine fisheries: 

For personal services for regulating the sale and 
cold storage of fresh food fish, a sum not ex- 
ceeding fifty-six hundred and thirty dollars, . 5,630 00 

For other expenses for regulating the sale and 
cold storage of fresh food fish, a sum not ex- 
ceeding twenty-two hundred dollars, . . 2,200 00 



Total, 



$198,120 00 



For certain 
improvements 
and purchase 
of land. 



284 
285 

286 

287 



For certain improvements and the purchase 
of land to be made under the direction of 
the Division of Fisheries and Game, as fol- 
lows: 
At the Montague rearing station, a sum not ex- 
ceeding one thousand dollars, .... $1,000 00 
At the Palmer hatchery, a smn not exceeding 

twelve hundred dollars, 1,200 00 

(This item omitted.) 

At the Marshfield bird farm, a sum not exceeding 

twenty-five hundred dollars, .... 2,500 00 



Total, 



$4,700 00 



Acts, 1921. — Chap. 203. 



205 



Item 

288 



Claims for Damages by Wild Deer. 

For the pa3Tnent of damages caused by wild deer, 
for the present year and previous years, as 
provided by law, a suni not exceeding six 
thousand dollars, 



Claims for 
Damages by 
Wild Deer. 



$6,000 00 



Bounty on Seals. 
289 For bounties on seals, a sum not exceeding one 



290 
291 



292 



293 



294 



295 



296 



hundred dollars, 



Bounty on 
SlOO 00 Seals. 



Division of Animal Industry: 

For the salary of the director, a sum not exceed- 
ing thirty-live hundred dollars. 

For personal sei-vices of clerks and stenographers, 
a sum not exceeding eighty-one hundred dollars. 

For services other than personal, including 
printing the annual report, traveling expenses 
of the director, and office supplies and equip- 
ment, a sum not exceeding thirty-eight hundred 
dollars, 

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, 

For the traveling expenses of veterinarians and 
agents, a sum not exceeding twenty-four 
thousand dollars, 

For reimbursement of owners of cattle and horses 
killed, travel, when allowed, of inspectors of 
animals, incidental expenses of killing and 
burial, quarantine and emergencj'' services, 
and for laboratory and veterinary supplies 
and equipment, a sum not exceeding sixty-five 
thousand dollars, 65,000 00 



Division of 
3,500 00 Animal 

Industry. 

8,100 00 



3,800 00 



50,000 00 



24,000 00 



Total, 



$154,400 00 



Reimbursement of towns for Inspectors of 
Animals: 
For the reimbursement of certain towns for com- 
pensation paid to inspectors of animals, a sum 
not exceeding seven thousand dollars, . 



Reimburse- 
ment of towns 
for Inspectors 
$7,000 00 of Animals. 



Service of Department of Banking and Insurance. 

Division of Banks and Loan Agencies: 

297 For salary of the commissioner, the sum of six 

thousand dollars, . . . . . . J 

298 For services of directors, examiners and assist- 

ants, clerks, stenographers and experts, a sum 

not exceeding two hundred thousand dollars, 200,000 00 



Department 

1 000 00 °^ Banking 
),\j\j\j yjyj jjnjj Insurance. 

Division of 
Banks and 
Loan Agencies. 



206 



Acts, 1921. — Chap. 203. 



Division of 
Banks and 
Loan Agencies. 



Item 

299 



For services other than personal, printing the 
annual report, traveling expenses, office sup- 
plies and equipment, a sum not exceeding 
ninety-five thousand dollars, .... 



Total, 



$95,000 00 



$301,000 00 



Supervisor of 300 
Loan Agencies. 

301 



302 



Supervisor of Loan Agencies: 
For salary of the deputy appointed supervisor, a 

sum not exceeding thirty-five hundred dollars, $3,500 00 
For services of assistants in the supervisor's 
office, a sum not exceeding tloirtv-seven hun- 
dred and fifty dollars, . / . . . 3,750 00 
For services other than personal, printing the 
annual report, office supplies and equipment, 
a sum not exceeding eight hundred dollars, . 800 00 



Total, 



$8,050 00 



Registration of 303 
Public Ac- 
countants. 



Registration of Pul)lic Accountants: 
For examinations and registration of public ac- 
countants, including personal services of 
examiners, other sendees and necessary sup- 
plies and equipment, the said expenses to be 
incurred under the direction and witli the 
approval of the commissioner of banks, a sum 
not exceeding twenty-three hundred and sixty- 
five dollars, 



2,365 GO 



Division of 
Insurance. 



304 



305 



Division of Insurance: 

For personal services of the division, a sum not 
exceeding ninety-nine thousand dollars, . . 99,000 00 

For other services, including printing the annual 
report, traveling expenses, and necessary office 
supplies and equipment, a sum not exceeding 
twenty-one thousand dollars, .... 21,000 00 



Total, 



$120,000 00 



Board of ^QQ 

Appeal on Fire 
Insurance 
Rates. 



Division of 307 

Savings Bank 
Life Insurance. 



308 



Board of Appeal on Fire Insurance Rates: 
For expenses of the board, a sum not exceeding 

two hundred dollars, $200 00 

Division of Savings Banks Life Insurance: 
For personal services of officers and employees, a 
sum not exceeding eighteen thousand nine 
hundred dollars, . . . . . . . 18,900 00 

For publicity, including traveling expenses of 
one person, a sum not exceeding fifteen hun- 
dred dollars, 1,500 00 



Acts, 1921. — Chap. 203. 



207 



Item 

309 



310 



For services other than personal, printmg the 
annual report and traveling expenses, office 
supplies and equipment, a sum not exceeding 
forty-one hundred dollars, . . . _ . 

For encouraging and promoting old age annuities 
and the organization of mutual benefit associa- 
tions among the employees of industrial plants 
in the commonwealth, a sum not exceeding 
two thousand dollars, 

Total, 



Division of 
Savings Bank 
Life Insurance. 



$4,100 00 



2,000 00 
S26,500 00 



Service of the Department of Corporations and Taxation. 

311 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 forty-four thousand and fifty- 
five dollars, 

312 For the services of additional clerical and other 

assistants, a sum not exceeding seventy-eight 
thousand dollars, 

313 For traveling expenses, a sum not exceeding 

forty-eight hundred dollars, .... 

314 For printing valuation books, a sum not exceed- 

ing forty-five hundred dollars, .... 

315 For other services and for necessary office sup- 

plies and equipment, a sum not exceeding 
twenty-one thousand five hundred dollars. 



Department of 
Corporations 
and Taxation. 



Total, 



$44,055 00 

78,000 00 
4,800 00 
4,500 00 

21,500 00 
$152,855 00 



Income Tax Division (the following appro- 
priations are to be made from the receipts 
from the income tax); 

316 For personal services of the deputy, assistants, 

assessors, assistant assessors, clerks, stenog- 
raphers and other necessary assistants, a 
sum not exceeding three hundred thirteen 
thousand dollars, 

317 For traveling expenses of members of the divi- 

sion, a sum not exceeding eight thousand dol- 
lars, 

318 For services other than personal and for office 

supplies and equipment, a sum not exceeding 
. one hundred twelve thousand dollars, . 



Income Tax 
Division. 



Total, 



$313,000 00 



8,000 00 



112,000 00 
$433,000 00 



Division of Accounts: 
319 For personal services, a sum not exceeding forty 
thousand dollars, ..,.,,, 



$40,000 00 



Division 
of Accounts. 



208 



Acts, 1921.— Chap. 203. 



Division 
of Accounts. 



Item 
320 

321 
322 



323 



Reimburse- 
ment to 
certain cities 
and towns for 
loss of certain 
taxes. 



324 



For other expenses, a sum not exceeding ten 
thousand five hundred dollars, 

(This item omitted.) 

For services and expenses of auditing and install- 
ing municipal accounts, the cost of which is 
to be assessed upon the municipalities for 
which the work is done, a sum not exceeding 
forty-eight 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 sys- 
tem of accounts, a sum not exceeding four 
thousand dollars, 

Total, 



S 10,500 00 



48,000 00 



4,000 00 



$102,500 00 



For reimbursing cities and towns for loss of taxes 
on land used for state institutions, as certified 
by the commissioner of corporations and taxa- 
tion, for the fiscal year ending November 
thirtieth, nineteen hundred and twenty-one, a 
sum not exceeding seventy-two thousand dol- 
lars, 



$72,000 00 



Department of 
Education. 



Service of the Department of Education. 

325 For the personal services of officers, agents, 

clerks, stenographers and other assistants, but 
not including those employed in universit.y ex- 
tension work, a sum not exceeding seventy- 
eight thousand five hundred dollars, . . $78,500 00 

326 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 
thirty-one thousand sixty-two dollars and 
fifty cents, 31,062 50 

327 For traveling expenses of members of the board 

and of agents and employees when required 
to travel in discharge of their duties, a sum 
not exceeding eighty-five hundred dollars, . 8,500 00 

328 For services other than personal, necessary office 

supplies, and for printing the annual report 
and bulletins as provided by law, a sum not ex- 
ceeding eighteen thousand dollars, . . . 18,000 00 

329 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 

330 For printing school registers and other school 

blanks for cities and towns, a sum not exceed- 
ing twenty-four hundred dollars, . . . 2,400 00 



Acts, 1921. — Chap. 203. 



209 



Item 

331 



332 



333 



334 



335 



336 
337 



119,500 00 



For assisting small towns in providing themselves 
with school superintendents, as provided by 
law, a sum not exceeding one hundred eighteen 
thousand dollars, $118,000 00 

For the reimbursement of certain towns for the 
payment of tuition of children attending high 
schools outside the to\vns in which they reside, 
aiS provided by law, a sum not exceeding one 
hundred nineteen thousand five hundred dollars, 

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 fifty-seven 
thousand dollars, 57,000 00 

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 five 
hundred eighty-one thousand six hundred 
ninety dollars and seventy-four cents. 

For the education of deaf and blind pupils of 
the commonwealth, as provided by section 
twenty-six of chapter sixty-nine of the General 
Laws, a sum not exceeding three hundred one 
thousand five hundred dollars, .... 

For expenses of holding teachers' institutes, a 
sum not exceeding two thousand dollars. 

For aid to certain pupils in normal schools under 
the direction of the department of education, 
a sum not exceeding four thousand dollars, . 



Department 
of Education. 



581,690 74 

301,500 00 
2,000 00 



4,000 00 



Total, 



1,322,953 24 



English Speaking Classes for Adults: 
338a For personal services of administration, a sum 
not exceeding eleven thousand seven hundred 
_ and thirty dollars. ..... 

3386 For other expenses of administration, a sum not 
exceeding fifty-nine hundred and seventy 

dollars, 

For reimbursement of certain cities and towns, 
a sum not exceeding ninety-seven thousand 
three hundred dollars, 



English 
Speaking 
_ Classes for 

111,730 00 Adults. 



5,970 00 



338c 



Total, 



University Extension courses: 

339 For personal services, a sum not exceeding one 

hundred forty thousand dollars, 

340 For other expenses, a sum not exceeding fifty-six 

thousand dollars. 



97,300 00 
$115,000 00 



University 

$140,000 00 gt^-i- 
56,000 00 



Total, 



$196,000 00 



210 



Acts, 1921. — Chap. 203. 



Division of 
Immigration 
and Ameri- 
canization. 



Item 



341 
342 



Division of Immigration and Americaniza- 
tion: 
For personal services, a sum not exceeding 

twenty-nine thousand and fifty dollars, . . $29,050 00 
For other expenses, a sum not exceeding eight 

thousand dollars, 8,000 00 



Total, 



$37,050 00 



Division of 

Public 

Libraries. 



Division of Public Libraries : 

343 For personal services of regular agents and office 

assistants, a sum not exceeding ninety-four 

hundred dollars, $9,400 00 

344 For other services, including printing the annual 

report, traveling expenses, necessary office 
supphes, and expenses incidental to the aiding 
of public libraries, a sum not exceeding thirteen 
thousand seven hundred and ninety dollars, . 13,790 00 



Total, 



$23,190 00 



Division of 
the Blind. 



Division of the Blind : 

345 For general administration, furnishing informa- 

tion, industrial and educational aid, and for 
carrying out the other provisions of the laws 
estalDlishing said division, a smia not exceeding 
sixty-seven thousand dollars, .... $67,000 00 

346 For maintenance of industries under the control 

of said division, a sum not exceeding fifty-three 
thousand five hundred dollars, the same to 
be in addition to the income collected by the 
division from sales of products, . . . 53,500 00 

347 For instruction of the adult blind in their homes, 

a sum not exceeding ten thousand dollars, . 10,000 00 

348 For expenses of providing sight-saving classes, 

with the approval of the division of the blind, 

a sum not exceeding ten thousand dollars, 10,000 00 

349 For aiding the adult blind, subject to the condi- 

tions provided by law, a sum not exceeding 

eighty-one thousand dollars, .... 81,000 00 



Total, 



$221,500 00 



Teachers' Re- 350 

tirement 

Board. 

351 



Teachers' Retirement Board: 
For personal services of employees, a sum not 

exceeding eight thousand and twenty dollars, . $8,020 00 
For services other than personal, including 
printing the annual report, traveling expenses 
and office supplies and equipment, a sum not 
exceeding fifteen hundred and fifty dollars, . 1,550 00 



Acts, 1921. — Chap. 203. 211 

Item 

352 For payment of pensions to retired teachers, a Teachers' 

KtKiu J. wi t^ J f 1 1 • J- i Retirement 

sura not exceedmg one hundred sixty-two Board, 

thousand doUars, $162,000 00 

353 For reimbursement of certain cities and towns 

for pensions to retired teachers, a sum not 
exceeding forty-seven thousand one hundred 
five dollars and thirty-seven cents, . . . 47,105 37 



Total, $218,675 37 

Massachusetts Agricultural College: 

354 For maintenance and current expenses, a sum Massachusetts 

not exceeding eight hundred fifteen thousand Coiie^e'"'^^ 

and seventy-five dollars, . . . . _ . $815,075 00 

355 For miscellaneous improvements and equip- 

ment, a sum not exceeding twentv-five thou- 
sand dollars, ' . . . 25,000 00 

356 (This item omitted.) 

357 (This item omitted.) 

358 For the erection at the market garden field sta- 

tion of an administration building and the 
necessary equipment for same, a sum not ex- 
ceeding ten thousand dollars, .... 10,000 00 

359 (This item omitted.) 



Total, $850,075 00 

Massachusetts Nautical School: 

360 For personal services of the secretary and office Massachusetts 

assistants, a sum not exceeding thirty-nine Schoor^ 

hundred and sixty dollars, .... $3,960 00 

361 For services other than regular clerical services, 

including printing the annual report, rent, 
office supplies and equipment, a sum not ex- 
ceeding twenty-six hundred dollars, . . . 2,600 00 

362 For the maintenance of the school and ship, a 

sum not exceeding eighty-eight thousand two 

hundred dollars, . . ' 88,200 00 



Total, $94,760 00 

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: 
363 Bridgewater normal school, a sum not exceeding Maintenance 

one hundred twentv-seven thousand eight of state normal 

hundred and twenty-five dollars, . . . $127,825 00 "'^ °°'' 
363| Bridgewater normal school boarding hall, a sum 

not exceeding seventj'-eight thousand dollars, 78,000 00 



212 Acts, 1921. — Chap. 203. 

Item 

Maintenance 3Q4 Fitchburg normal school, a sum not exceeding one 
schools. °°'^™'^ hundred forty-four thousand two hundred and 

five dollars, $144,205 00 

364§ Fitchburg normal school boarding hall, a sum 
not exceeding thirty-eight thousand four hun- 
dred dollars, 38,400 00 

365 Framingham normal school, a sum not exceed- 

ing one hundred twenty-five thousand three 
hundred and twenty dollars, .... 125,320 00 
3652 Framingham normal school boarding hall, a sum 
not exceeding ninety-seven thousand five hun- 
dred dollars, 97,500 00 

366 Hyannis normal school, a smn not exceeding 

thirty-eight thousand seven hundred and 

fifty dollars, 38,750 00 

366| Hyannis normal school boarding hall, a sum not 

exceeding thirty-one thousand dollars, . . 31,000 00 

367 Lowell normal school, a sum not exceeding fifty- 

nine thousand and ninety-five dollars, . . 59,095 00 

368 North Adams normal school, a sum not exceed- 

ing fifty-nine thousand two hundred and fifty 

dollars, 59,250 00 

368f North Adams normal school boarding hall, a smn 
not exceeding fourteen thousand three hun- 
dred and fifty dollars, 14,350 00 

309 Salem normal school, a sum not exceeding one 
hundred thousand seven hmidred and fifty 
dollars, 100,750 00 

370 Westfield normal school, a sum not exceeding 

seventy-five thousand two hundred dollars, . 75,200 00 
370^ Westfield normal school boarding hall, a sum 
not exceeding twenty-two thousand five hun- 
dred dollars, 22,500 00 

371 Worcester normal school, a sum not exceeding 

sixty-four thousand six himdred dollars, . . 64,600 00 
37l| Worcester normal school boarding hall, a sum 

not exceeding fifty-two hundred dollars, . . 5,200 00 

372 Normal art school, a sum not exceeding seventy- 

seven thousand one himdred and fifty dollars, . 77,150 00 

Total, $1,159,095 00 

Bradford 373 For the maintenance of the Bradford Durfee 

Schorr. ^''^^ Textile School of Fall River, a sum not ex- 

ceeding sixty-four thousand five hundred and 
twenty-five dollars, of which sum ten thousand 
dollars is to be contributed by the city of Fall 
River, and the city of Fall River is hereby au- 
thorized to raise by taxation the said sum of 

ten thousand dollars, $64,525 00 

374 For certain equipment for the Bradford Durfee 
Textile School of Fall River, a sum not ex- 
ceeding five thousand dollars, .... 5,000 00 



Acts, 1921. — Chap. 203. 



213 



Item 

375 



376 



377 



For the maintenance of the Lowell Textile School, 
a sum not exceeding one hundred seventy-five 
thousand four hundred and fifty dollars, of 
which sum 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, 

For the purchase of certain land for the use of 
the Lowell Textile School, a sum not exceeding 
four thousand dollars, 

For the maintenance of the New Bedford Tex- 
tile School, a sum not exceeding seventj'-four 
thousand four hundred dollars, of which sum 
ten thousand dollars is to be contributed by 
the city of New Bedford, and the city of New 
Bedford is hereby authorized to raise by taxa- 
tion the said sum of ten thousand dollars, 

Total, 



Lowell Textile 
School. 



$175,450 00 



4,000 00 



New Bedford 
Textile School. 



74,400 00 
$323,375 00 



378 



379 



380 

381 



382 



Service of the Department of Ciril Service and Registration. 

For personal services of telephone operator for Department of 

the department, a sum not exceeding eight and R^g^istra- 

hundred and seventy dollars, .... $870 00 tion. 



Division of Civil Service: 

For personal services of the division of civil serv- 
ice, a sum not exceeding seventy-eight thou- 
sand seven hundred dollars, .... 78,700 00 

(The above item is substituted for items Nos. 
379 and 380.) 

(See Item 379.) 

For other services and for printing the annual 
report, and for office supplies and equipment, 
a sum not exceeding twenty-eight thousand 
dollars, 28,000 00 

For services and traveling expenses in conducting 
investigations as provided by sections thirtj^- 
three and thirty-four of chapter thirty-one of 
the General Laws, a sum not exceeding one 
thousand dollars, 1,000 00 



Division of 
Civil Service. 



Total, 



$107,700 00 



Division of Registration: 

383 For the salary of the director, a sum not exceed- 

ing fifteen hundred dollars, .... $1,500 00 

384 For expenses of the director, a sum not exceeding 

one thousand dollars, 1,000 00 



Division of 
Registration. 



Total, 



$2,500 00 



214 



Acts, 1921. — Chap. 203. 



Board of 
Registration in 
Medicine. 



Item 



385 
386 



387 



388 



Board of 
Dental Exam- 
iners. 



389 



390 



Board of 
Registration in 
Pharmacy. 



391 



392 



393 



Board of 
Registration of 
Nurses. 



394 
395 



396 



Board of Registration in Medicine: 

For services of the members of the board, a sum 
not exceedmg fortj'-three hundred dollars, . $4,300 00 

For services of office assistants, a sum not ex- 
ceeding eighteen hundred and sixty dollars, . 1,860 00 

For personal services of members of the board 
and examiners for the registration of chiropo- 
dists, a sum not exceeding six hundred dollars, 600 00 

For services other than personal, including the 
printing of the annual report, traveling ex- 
penses, rent of office, office supplies and equip- 
ment, a sum not exceeding two thousand 
dollars, 2,000 00 



Total, 



Board of Dental Examiners : 

For services of the members of the board and 
clerical assistance, a sum not exceeding fortj^- 
one hundred and twenty dollars. 

For other services, including printing the annual 
report, and for rent, traveling expenses, office 
supplies and ecjuipment, a sum not exceeding 
twent3'-eight hundred dcjllars, .... 



$8,760 00 

$4,120 00 
2,800 00 



Total, 



Board of Registration in Pharmacy: 
For personal services of members of the board, 
a sum not exceeding thirtj'-eight hundred 

dollars, 

For services of the agent and office assistants, a 
sum not exceeding thirtj^-eight hundred dol- 
lars, 

For services other than personal, printing the 
annual report, traveling expenses, office sup- 
plies and equipment, a sum not exceeding 
thirty-two hundred dollars, .... 



16,920 00 

13,800 00 
3,800 00 

3,200 00 



Total, 



$10,800 00 



Board of Registration of Nurses: 
For services of members of the board, a sum not 

exceeding twenty-one hundred dollars, . . $2,100 00 
For services of clerical assistants in their office, 
a sum not exceeding twentj^-one hundred dol- 
lars, ....:.... 2,100 00 
For services other than personal, printing the 
annual report, office rent, traveling expenses 
and office supplies and equipment, a sum not 
exceeding two thousand dollars, . . . 2,000 00 



Total, 



$6,200 00 



Acts, 1921. — Chap. 203. 



215 



Item 



397 



398 



Board of Registration in Embalming. 

For compensation of members of the board and 
services of their clerk, a sum not exceeding 
fourteen hundred dollars, 

For services other than personal, including trav- 
eling expenses, supplies and office equipment, 
a sum not exceeding fifteen hundred dollars, . 



Total, 



$1,400 00 



Board of 
Registration in 
Embalming. 



1,500 00 
$2,900 00 



Board of Registration in Optometry: 

399 For personal services of the members of the 

board, a smii not exceeding nineteen hundred 

dollars, $1,900 00 

400 ' For clerical services, a sum not exceeding five 

hundred dollars, 500 00 

401 For other services, printing the annual report, 

office supplies and equipment, and traveling 
expenses of the members of the board, a sum 
not exceeding five hundred dollars, . . . 500 00 



Board of 
Registration in 
Optometry. 



Total, 



2,900 00 



Board of Registration in Veterinary Medi- 
cine: 

402 For services of the members of the board and 

secretary, a sum not exceeding six hundred 
dollars, 

403 For other services, printing the annual report, 

traveling ex-penses, office supplies and equip- 
ment, a sum not exceeding four hundred dol- 
lars, 

Total, 



Board of 
Registration in 
Veterinary 
UU Medicine. 



400 00 



$1,000 00 



404 



405 



State Examiners of Electricians: 
For personal services of the secretary and assist- 
ants a sum not exceeding five thousand and 

fifty dollars, $5,050 00 

For other expenses, including printing the annual 
report, traveling expenses, office supplies and 
equipment, a sum not exceeding three thou- 
sand dollars, 3,000 00 



Total, 



State Exam- 
iners of 
Electricians. 



?,050 00 



Service of the Department of Industrial Accidents. 

406 For personal services of members of the board, 
secretaries, medical adviser, industrial training 
director and inspectors, a sum not exceeding 
fifty-seven thousand dollars, .... $57,000 00 



Department 
of Industrial 
Accidents. 



216 



Acts, 1921. — Chap. 203. 



Department 
of Industrial 
Accidents. 



Item 

407 



408 



409 
410 



For personal services of clerks and office assist- 
ants, a sum not exceeding seventy-three thou- 
sand seven hundred dollars, .... $73,700 00 

For expenses of impartial examinations, a sum 
not exceeding twenty-two thousand five hun- 
dred doUars, 22,500 00 

For traveling expenses, a sum not exceeding 

fifty-six hundred dollars, 5,600 00 

For other ser\ices, printing the annual report, 
necessary office supplies and equipment, a sum 
not exceeding eleven thousand three hundred 
dollars, . 11,300 00 

Total, $170,100 00 



Department of 
Labor and 
Industries. 



Service of the Department of Labor and Industries. 

411 For salary of the commissioner, assistant and 

associate commissioners, a sum not exceeding 

twenty thousand five hundred dollars, . . $20,500 00 

412 For clerical and other assistance to the commis- 

sioner, a sum not exceeding forty -four hundred 

and ten dollars, . . . '. . . . 4,410 00 

413 For personal services for the inspectional service, 

a smn not exceeding one hundred thousand 

seven hundred dollars, 100,700 00 

414 For personal services for the statistical service, 

a sum not exceeding thirty-seven thousand 

dollars, 37,000 00 

415 For clerical and other personal services for the 

operation of free emplojmient offices, a smn 

not exceeding forty-four thousand dollars, . 44,000 00 

416 For clerical and other assistance for the board 

of conciliation and arbitration, a sum not ex- 
ceeding seventeen thousand dollars, . . . 17,000 00 

417 For personal services of investigators, clerks and 

stenographers for the minimum wage ser\ices, 
a sum not exceeding eleven thousand eight 
hundred dollars, 11,800 00 

418 For compensation and expenses of wage boards, 

a sum not exceeding three thousand dollars, . 3,000 00 

419 For personal services for the division of stand- 

ards, a sum not exceeding nineteen thousand 

three hundred and eighty dollars, . • • 19,380 00 

420 For personal services of inspectors in surveying 

lumber, a sum not exceeding thirty-four thou- 
sand four hundred dollars, .... 34,400 00 

421 For traveling expenses of the commissioner, as- 

sistant commissioner, associate commissioners 
and inspectors of labor, a sum not exceeding 
sixteen thousand eight hundred dollars, . . 16,800 00 



Acts, 1921. — Chap. 203. 217 

Item 

422 For services other than personal, printing the Department of 

annual report, rent of district offices and office i'ndustries 

supplies and equipment for the" inspectional 

service, a sum not exceeding fourteen thousand 

one hundred dollars, $14,100 00 

423 For services' other than personal, printing reports 

and publications, travehng expenses and office 
supplies and equipment for the statistical 
service, a sum not exceeding fourteen thousand 
dollars, 14,000 00 

424 For rent, necessary office supplies and equip- 

ment for the free employment offices, a sum 
not exceeding thirteen thousand seven hun- 
dred dollars, . . 13,700 00 

425 For other services, printing, traveling expenses 

and office supplies and equipment for the 
board of conciliation and arbitration, a sum 
not exceeding six thousand dollars, . . . 6,000 00 

426 For services other than personal, printing, 

traveling expenses and office supplies and 
equipment for minimum wage service, a sum 
not exceeding three thousand dollars, . . 3,000 00 

427 For other services, printing, traveling expenses 

and office supplies and equipment for the 
division of standards, a sum not exceeding 
eleven thousand dollars, 11,000 00 

428 For travel and exj^enses of the inspectors for 

surveying lumber, a sum not exceeding fift}^- 

five hundred dollars, 5,500 00 



Total, $376,290 00 

Commission on Foreign and Domestic Com- 
merce : 

429 For personal services of employees of the com- Commission on 

mission, a smn not exceeding eleven thousand Domfstic"'' 

dollars, $11,000 00 Commerce. 

430 For other expenses of the commission, a sum not 

exceeding four thousand dollars, . . . 4,000 00 



Total, $15,000 00 

Service of the Department of Mental Diseases. 

431 For personal services of the director, officers and Department 

employees, a sum not exceeding seventy thou- Diseases 

sand dollars, $70,000 00 

432 For transportation and medical examination of 

state paupers under its charge for the present 
year and previous years, a sum not exceeding 
seven thousand dollars, 7,000 00 



218 



Acts, 1921. — Chap. 203. 



Department 
of Mental 
Diseases. 



Item 

433 



434 



435 



436 



437 



Institutions 

under control 

of Department 

of Mental 435 

Diseases. 



439 



440 



441 



442 



443 



444 



For the support of insane paupers boarded in 
families under its charge, or temporarily 
absent under authority of the same, for the 
present year and previous years, a sum not 
exceeding seven thousand dollars, . . . $7,000 00 

For the support of state paupers in the Hospital 
Cottages for Cliildren, a sum not exceeding 
twenty-two tliousand dollars, .... 22,000 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 three 
thousand dollars, 3,000 00 

For other services, including printing the annual 
report, travehng and office supphes and equip- 
ment, a sum not exceeding eighteen thousand 
dollars, 18,000 00 



Total, 



$127,000 00 



For the maintenance of and for certain im- 
provements at the following mstitutions 
under the control of the Department of 
Mental Diseases: 

Boston state hospital, a sum not exceeding eight 

hundred eight thousand and thirty dollars, . $808,030 00 

For building, furnishing and equipping a home 
for ninety nurses at the Boston state hospital, 
a sum not exceeding fifteen thousand two hun- 
dred dollars, the same to be in addition to any 
sum heretofore appropriated for the purposes, . 15,200 00 

For building, furnishing and equipping a con- 
gregate dining room for the west group, a simi 
not exceeding fourteen thousand one hundred 
dollars, the same to be in addition to any sum 
heretofore appropriated for the purpose, . . 14,100 00 

For an addition to the present laundry building 
and certain new machinery at the Boston state 
hospital, a sum not exceeding fifteen thousand 
dollars, 15,000 00 

For building a male infirmary at the Boston 
state hospital, a sum not exceeding thirty-five 
hundred ninety-five dollars and eighty cents, 
the same to be in addition to anj' sum hereto- 
fore appropriated for the purpose, . . . 3,595 80 

For repairs or reconstruction of a certain sewer 
line at the Boston state hospital, a sum not 
exceeding five thousand dollars, . . . 5,000 00 

Boston psychopathic hospital, a sum not exceed- 
ing two hundred thirty-four thousand eight 
hundred dollars, 234,800 00 

Danvers state hospital, a sum not exceeding five 
hundred eighty thousand five hundred dollars, 580,500 00 



Acts, 1921.— Chap. 203. 219 

Item 

445 For changes in electrical, refrigerating and light- Under^coXi 

ing plants at the Danvers state hospital, a sum of Department 

not exceeding fifty thousand dollars, . . $50,000 00 °^-^^^l^^ 

446 . Foxborough state hospital, a sum not exceeding 
two hundred sixty-eight thousand nine hun- 
dred dollars, 268,900 00 

447 (This item omitted.) 

448 For building, furnishing and equipping a male 

infirmary building at the Foxborough state 
hospital, a sum not exceeding one hundred 
fifty-nine thousand dollars, .... 159,000 00 

449 For the renovation of ward E at the Foxborough 

state hospital, a sum not exceeding twelve 

thousand seven hundred and fifty dollars, . 12,750 00 

450 For the erection of a barn at the Foxborough 

state hospital, a sum not exceeding twenty- 
eight thousand dollars, . . _ . . 28,000 00 

451 Gardner state colony, a sum not exceeding three 

hundred forty-seven thousand three hundred 

dollars, 347,300 00 

452 (This item omitted.) 

453 Grafton state hogi^ital, a sum not exceeding five 

hundred twenty-nine thousand eight hundred 

dollars, 529,800 00 

454 For the erection of a cow barn at the Grafton 

state hospital, a sum not exceeding ten thou- 
sand four hundred dollars, .... 10,400 00 

455 Massachusetts School for the Feeble-Minded, a 

sum not exceeding five himdred ninet3'-two 
thousand four hundred dollars, . . . 592,400 00 
4551 For the city of Waltham, rental for sewage 
disposal, the sum of sixteen hundred and 
twenty-seven dollars, 1,627 00 

456 For building cottages for officers at the Massa- 

chusetts School for the Feeble-Minded, a sum 

not exceeding sixteen thousand dollars, . . 16,000 00 

457 Medfield state hospital, a sum not exceeding five 

hundred ninety-five thousand three hundred 

dollars, . 595,300 00 

458 Monson state hospital, a sum not exceeding three 

hundred ninety thousand five hundred dollars, 390,500 00 

459 Northampton state hospital, a sum not exceeding 

three hundred forty-seven thousand four hun- 
dred dollars, 347,400 00 

460 Taunton state hospital, a sum not exceeding four 

hundred ninety-six thousand eight hundred 

dollars, 496,800 00 

461 Westborough state hospital, a sum not exceeding 

four hundred ninety-six thousand five hundred 

dollars, ..." 496,500 00 

462 For the renovation of certain wards at the West- 

borough state hospital, a sum not exceeding 

sixty thousand dollars, 60,000 00 



220 



Acts, 1921. — Chap. 203. 



Institutions 
under control 
of Department 
of Mental 



Belchertown 
School for the 
Feeble-Minded. 



Item 

463 
464 



465 
466 



467 



468 



469 



470 



471 

472 



473 
474 



(This item omitted.) 

Worcester state hospital, a sum not exceeding 
seven hundred forty thousand four hundred 
dollars, $740,400 00 

(This item omitted.) 

For alterations in heating shaft at the Worcester 
state hospital, a sum not exceeding sixteen 
thousand dollars, 16,000 00 

Wrentham state school, a sum not exceeding four 
hundred seventy-nine thousand five hundred 
dollars, 479,500 00 

For building an assembly hall at the Wrentham 
state school, a sum not exceeding ninety-four 
thousand dollars, 94,000 00 

For the erection of a barn at the Wrentham state 
school, a sum not exceeding twenty-five thou- 
sand dollars, 25,000 00 

Belchertown School for the Feeble-Minded: 

For the erection of a custodial building, a sum 
not exceeding one hundred thirty-three thou- 
sand dollars, 133,000 00 

For the erection of a dormitory building, a sum 
not exceeding ninety-eight thousand dollars, . 98,000 00 

For building cottages for employees, a sum not 
exceeding twenty-nine thousand four hundred 
dollars, 29,400 00 

For the continuation of road work and grading, 
a sum not exceeding ten thousand dollars, . 10,000 00 

(This item omitted.) 

Total, $7,704,202 80 



Department of 
Correction. 



Service of the Department of Correction. 

475 For the personal services of the commissioner, 

deputies and members of the board of parole 
and advisory board of pardons, a sum not .ex- 
ceeding nineteen thousand dollars, . . . $19,000 00 

476 For the personal services of clerks, stenographers 

and agents, a sum not exceeding forty-three 

thousand seven hundred dollars, . . . 43,700 00 

477 For services other than personal, including print- 

ing the annual report, necessary office supplies 
and equipment, a sum not exceeding seven 
thousand dollars, 7,000 00 

478 For traveling expenses of officers and employees 

of the department when required to travel in 
the discharge of their duties, a sum not exceed- 
ing ten thousand dollars, 10,000 00 

479 For the removal of prisoners to and from state 

institutions, a sum not exceeding five thousand 

dollars, 5,000 00 



Acts, 1921. — Chap. 203. 



221 



Item 

480 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 eleven thousand five hundred dol- 
lars, 

480| For the relief of the families or dependents of 
inmates of state penal institutions, a sum not 
exceeding five hundred dollars, 



Total, 



Department of 
Correction. 



L 1,500 00 
500 00 



$96,700 00 



For the maintenance of the following insti- 
tutions under the control of the Depart- 
ment of Correction : 

481 State farm, a sum not exceeding four hundred 

nineteen thousand three hundred dollars, 

482 State prison, a sum not exceeding two hundred 

ninety-one thousand one hundred dollars, 

483 Prison camp and hospital, a sum not exceeding 

seventy-nine thousand nine hundred and 

fifty dollars, 79,950 00 

484 Massachusetts reformatory, a sum not exceeding 

three hundred five thousand eight hundred 

dollars, 305,800 00 

485 Reformatory for women, a sum not exceeding 

one hundred sixty-two thousand four hundred 
and ninety dollars, 

486 For the town of Framingham, according to a 

contract for sewage disposal at the reformatory 
for women, the sum of six hundred dollars, . 

487 (This item omitted.) 



Institutions 

„, under control 

$419,300 00 of Department 

of Correction. 

291,100 00 



162,490 00 



600 00 



Total, 



[,259,240 00 



488 



489 



Service of the Department of Public Welfare. 

For personal services of officers and employees, 
a sum not exceeding twenty-six thousand 
seven hundred and sixty dollars, . . . $26,760 00 

For services other than personal, printing the 
annual report, travehng expenses, including 
expenses of auxiliary visitors, and office sup- 
plies and expenses, a sum not exceeding 
seventy-five hundred dollars, .... 7,500 00 



Department of 
Public Welfare. 



Total. 



$34,260 00 



Division of Aid and Relief: 
490 For personal services of officers and employees, 
a sum not exceeding ninety-five thousand 
dollars 



Division of 
Aid and Relief. 



$95,000 00 



222 



Acts, 1921. — Chap. 203. 



Division of 
Aid and Relief. 



Item 

491 



492 



For services other than personal, including 
traveling expenses and office suppUes and 
equipment, a sum not exceeding twenty-two 
thousand dollars, " $22,000 00 

For the transportation of state paupers under 
the charge of the department, for the present 
year and previous A'ears, a sum not exceeding 
fifteen thousand dollars, 15,000 00 



Reimburse- 493 

ment of cities 
and towns. 



494 



495 



496 



497 



The following items are for reimbursement 
of cities and towns: 

For the payment of suitable aid to mothers 
with dependent children, for the present year 
and previous years, a sum not exceeding nine 
hundred thousand dollars, .... 900,000 00 

For the burial of state paupers by cities and 
towns, for the present year and previous years, 
a sum not exceeding six thousand dollars, . 6,000 00 

For expenses in connection with smallpox and 
other diseases dangerous to the public health, 
for the present year and previous years, a 
sum not exceeding one hundred twenty-five 
thousand dollars, 125,000 00 

For the support of sick paupers by cities and 
towns, for the present year and previous years, 
the same to include cases of wife settlement, a 
sum not exceeding eighty thousand dollars, 80,000 00 

For temporary aid given to state paupers and 
shipwrecked seamen by cities and towns, for 
the present j'ear and previous years, a sum 
not exceeding three hundred thousand dol- 
lars, 300,000 00 



Total, 



$1,543,000 00 



Division of 
Child Guar- 
dianship. 



Di\'ision of Child Guardianship: 

498 For personal services of officers and employees, 

a sum not exceeding one hundred thirty-eight 

thousand dollars, $138,000 00 

499 For services other than personal, office supplies 

and equipment, a sum not exceeding six 

thousand dollars, 6,000 00 

500 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 ninety thousand dollars, 90,000 00 

501 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 twenty thousand 
dollars, 820,000 00 



Acts, 1921. — Chap. 203. 



223 



Item 

502 



503 
504 



505 



506 



507 



508 



509 



510 



511 



For the care, maintenance and transportation of 
unsettled pauper infants, for the present year 
and previous years, a sum not exceeding 
ninety-two thousand eight hundred dollars, 



Division of 
Child Guar- 
dianship. 



)2,800 00 



Total, 



$1,146,800 00 



Homestead Commission : 

For services of a stenographer, a sum not exceed- 
ing fourteen hundred and ten dollars, . . $1,410 00 

For other services, printing, traveling expenses, 
office supplies and equipment, a sum not ex- 
ceeding eight hundred dollars, .... 800 00 



Homestead 
Commission. 



Total, 



Division of Juvenile Training: 
Trustees, Massachusetts Training Schools: 

For services of the executive secretary and 
stenogra