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Full text of "Report of the attorney general for the year ending .."

A 



PUBLIC DOCUMENT. No. 12. 



ANNUAL REPORT 



ATTORN^ET- QEl^ERAL 



YEAR 1889 



BOSTON : 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square. 

1890. 



Stafe HoLis;, Boston 



Commoutvitaltlj of Hkssathtsttts. 



Attorney-General's Department, Commonavealth Building, 

Boston, Jan. 15, 1890. 

Hon. William E. Barrett, Speaker of the House of Representatives. 

I have the honor to submit to the General Court the 
annual report of this department, herewith enclosed. 

Very respectfully, 

ANDREW J. WATERMAN, 

Attorney- Ge7ieral. 



dtnmmnatwaltlj af PaBsarl^itsrfts. 



Attorney-General's Department, Commonwealth Building, 

Boston, Jan. 15, 1890. 



lo the Honorable Sj^eaker of the House oj Representatives. 

In accordance with section 9 of chapter 17 of the Public 
Statutes, I have the honor to submit to the General Court 
the annual report of this department. 

The total number of cases that have required the attention 
of the department is 656. The following table is a classifi- 
cation thereof : — 





1887. 


1888. 


1889. 


Indictments for murder, .... 
ExcejJtions and reports in criminal cases, . 
Information upon relation of jjublic olBcers, 
Information upon relation of private persons, 

Miscellaneous, 

Civil suits, 


26 
115 
266 
17 
71 
18 


24 
95 
323 
30 
85 
20 


23 
93 

409 
22 
80 
29 


Total, 


513 


577 


656 



At the time of rendering my last report (Jan. 16, 1889), 
there were pending indictments for murder, to wit : — 

Two against Adolph A. Albrecht, in Suffolk County. 
One against Annie Townes and five against Sarah J. Rob- 
inson, in Middlesex County. 

Those against Albrecht have been nolle prossed, he having 
been convicted, in the superior court, of manslaughter, the 
same offence charged against him in these indictments for 
murder. 



6 ATTORNEY-GENERAL'S REPORT. [Jan. 

The one against Annie Townes has been nolle prossed, she 
long since having been discharged upon her personal recog- 
nizance. 

Those against Sarah J. Robinson have been filed away, 
subject to further disposition if necessary, she having been 
tried, convicted and sentenced to be executed upon another 
indictment. This sentence was subsequently commuted to 
solitary imprisonment for life, by the Governor and Council, 
and the prisoner is now in prison at Lowell, as reported in 
my last annual report. 

There were also pending, at the time I rendered my last 
annual report, two other indictments for murder, to wit ; — 

One against Michael Mahoney, in Worcester County, 
which has been disposed of upon his plea of guilty as is here- 
inafter mentioned. 

One against Lincoln J. Randall, in Franklin County, for 
the murder of his father, David Marcus Randall, which is still 
pending. Trial upon this indictment has been postponed 
from time to time, at the request of the defendant, by reason 
of sickness and for other good reasons. The court has once 
appointed a time for the trial, which, owing to unavoidable 
circumstances, did not take place. It is hoped and expected 
that a trial will be had at an early day. 

Thomas Rivers and Louisa Light of Cheshire in Berk- 
shire County, indicted for the murder of Simon Light, Jr., a 
fourteen-months-old child, by choking and smothering with 
a shawl, Sept, 15, 1887, in said Cheshire, as mentioned in 
my last report, were tried together at Pittsfield, commencing 
on the fourteenth and ending on the seventeenth day of May 
last. The trial resulted in a verdict of acquittal of both 
defendants, by the jury, rendered by my consent after all the 
evidence upon both sides had been put in. It appeared, 
substantially, by the evidence, that the child w\as the offspring 
of the female defendant by a husband who had deserted her ; 
that the defendants went through the ceremony of marriage, 
and afterwards lived together in Adams and in Cheshire with 
the child ; that they on foot, she carrying the child in her 
arms, left Cheshire Sept. 15, 1887, to go to Adams; and 
when about half-way between Cheshire and Adams the child 



1890.] PUBLIC DOCUMENT — No. 12. 7 

was by them buried with a shawl wrapped around it, by the 
side of a wood road some twelve rods distant from the main 
road. The child was found by one of the State district 
police nearly eight months after its burial, and the whole 
body was in such an advanced state of dissolution that the 
cause of death could not be ascertained. An autopsy was 
held upon the body immediately after its discovery, which 
did not disclose or aid in ascertaining the cause of death. 
It was claimed on the part of the defendants, — and it seemed 
to be well established by the testimony of several witnesses, 
one of whom was the physician who attended upon the child 
in its earliest infancy, — that it was feeble, and had been 
subject to fits and spasms ; and the defendants both testified 
that when near the phice where the body was found, it had a 
fit or spasm and died almost instantly, and that they, being 
without any means to defray the expense of a funeral or com- 
mon burial, wrapped the body in the shawl and buried it ; and 
that, being fearful of being suspected of murdering the child, 
they were led to make false statements as to the time and 
place of its death, which it appeared they did make very 
soon after its death. The whole evidence created a strong 
suspicion against the defendants, but there was not sufficient 
evidence on the part of the Commonwealth or in the case to 
establish the fact that the child died an unnatural death ; and, 
the burden being upon the government to prove the manner 
of the death, and that it was by some cause unnatural, I 
deemed it my duty, as a prosecuting officer, to decline to 
further prosecute the case, and so stated to the court ; and at 
the request of the defendants' counsel a verdict of acquittal 
was rendered. 

The indictments against Dixon R. Cowie and Thomas B. 
McQuAiD, in Worcester County, referred to in my last report, 
have been filed away, subject to be restored to the docket, 
should there ever be reason therefor. 

The indictments which were pending in Norfolk County at 
the time I came into office, to wit, against Dennis Carney, 
Emery Williams Shaw, and William A. Lyons, have been 
disposed of in the same manner ; the defendant Carney having 



8 ATTORNEY-GENERAL'S REPORT/ [Jan. 

been sent to a lunatic asylum, and Shaw and Lyons having 
been allowed to go on their personal recognizance several 
years ago. 

Michael Mahoney, alias Whyte, of Dudley, Worcester 
County, hereinbefore referred to, was indicted Oct. 17, 1888, 
for the murder of Frank F. Spencer, Aug. 19, 1888, by 
shooting with a pistol, as mentioned in my last annual report. 
He was arraigned, and counsel was duly assigned for him ; 
and, upon consultation with the district attorney after the 
defendant had offered to plead guilty to murder in the second 
degree, it was deemed best to accept such plea ; and at 
Worcester, April 9 last, the defendant, before Mr. Justice 
Devens, pleaded guilty, and was sentenced to imprisonment 
in the State Prison for life. 

John Daly of West Springfield, in Hampden County, was 
indicted for murder of Winslow M. Abbott, a police ofScer, 
by shooting with a gun, Aug. 31, 1889. The indictment 
was found and returned into the superior court at Spring- 
field, Sept. 27, 1889. The defendant was arraigned Decem- 
ber 2, and pleaded not guilty before Mr. Justice William 
Allen ; and thereupon W. B. Stone and E. P. Kendrick, 
esquires, of the Hampden bar, were assigned as his counsel, 
the court having previously appointed December 10 as the time 
for his trial. Afterwards, upon consultation with the defend- 
ant's counsel, and an offer of the defendant to plead guilty to 
murder in the second degree, and upon advising with the 
district attorney, I deemed it best to accept such plea ; and, 
upon arrangements being made, the defendant was brought 
before Mr. Justice Knowlton at Springfield, on December 9 
'last, and he there retracted his former plea, and pleaded 
guilty to murder in the second degree, and was then sentenced 
to imprisonment in the State Prison for the term of his nat- 
ural life. 

Lizzie Brennan of Holyoke, in Hampden County, was 
indicted for the murder of her son Thomas Brennan by 
administering to him poison, to wit, arsenic, on June 24, 
1889. The indictment was found and returned into the 
superior court at Springfield, Sept. 27, 1889. Upon my 
request, the court appointed December 10, at Springfield, for 



1890.] PUBLIC DOCUMENT — No. 12. 9 

the trial. On November 30 I saw the defendant in the jail 
at Springfield, and then caused a special examination as to 
her health to be made by the prison physician. On December 
2, at Springfield, before Mr. Justice William Allen, William 
H. Brooks, Esq., of the Hampden bar, was assigned as her 
counsel ; and, it being made to appear that the defendant was 
then too ill to be brought into court to be arraigned, nothing; 
further was then done in the case. She was not tried at the 
time appointed, on account of her illness, which continued 
till her death, Jan. 3, 1890. 

Saladix Cook of Wrentham, in Norfolk County, was 
indicted for the murder of Dennis Ryan, by shooting with a 
gun, July 17, 1889. This indictment was found and returned 
into the superior court at Dedham, September 6, and a copy 
thereof was received by me Oct. 22, 1889 ; it is still pending, 
the defendant being held in jail. 

William Hennessey of Boston, in Sufiblk County, was 
indicted for the murder of Catherine Hennessey, Sept. 29, 
1889, by kicking and beating. This indictment was finmd 
and returned into the superior court in Boston, November 6, 
and a copy thereof was received by me Nov. 13, 1889 ; it is 
still pending, the defendant being held in jail. 

All of these defendants, to wit, Randall, Cook and Hen- 
nessey, it is now expected will be very soon brought to trial. 

Capital Trials. — I would again respectfully call the atten- 
tion of the Legislature to the propriety of changing the law, 
so that these trials may be had in the superior court before 
two or three justices, as may be deemed best. As I stated 
in my last report, the increased and increasing duties of the 
justice of the supreme judicial court call for a change, which, 
if made, will not endanger the rights of prisoners ; and trials 
could be more readily obtained at stated terms, and, I believe, 
more economically conducted. 

Suits against the Commonwealth. 

[Under chapter 195 of the Public Statutes.] 

Under chapter 195 of the Public Statutes, as amended by 
the Acts of 1887, chapter 246, authorizing suits to be brought 



10 ATTORNEY-GENERAL'S REPORT. [Jan. 

against the Commonwealth, the following cases have been 
filed : — 

"William Washburn vs. the Commonwealth, noticed in my 
last report, involving the right of the plaintiflf to recover, on 
equitable ground, for certain services alleged to have been 
rendered at the request of the joint standing committee on 
the State House of the General Court of 1878. An appro- 
priation of one thousand and fifty dollars Avas made by the 
Legislature of 1885 to settle the claim, that sum representing 
the value of the plans of the petitioner actually taken and 
used by the State ; and the claimant seeks equitable relief 
in his present proceeding. The case is still pending. 

Murdock Parlor Grate Company vs. the Commonwealth. 
This case involves the claim for damages to building No. 20 
Beacon Street, a portion of which is leased to the Slate, and 
occupied by the Bureau ,of Statistics. It is charged that the 
portion of the building thus occupied was overloaded with 
documents and papers, so that the floor was caused to settle, 
to the damage of other parties in the amount claimed, 
namely, $247.89. The case has been tried, and is to be 
reported to the supreme judicial court on questions of law. 

James Adams vs. the Commonwealth. Suit to recover 
$666.50, as the value of certain diseased swine killed by 
direction of the Board of Cattle Commissioners, and for care 
and maintenance of other swine kept isolated, as alleged, 
by direction of said Board. The case has not yet been tried. 

Martin Wesson vs. the Commonwealth. A claim which 
has heretofore been before the court, growing out of an 
alleged breach of contract in respect to prison labor at the 
time the State Workhouse was temporarily removed from 
Bridgewater to Westborough. Amount involved, $5,i^8.48. 
It has been heard, but the decision has not yet been rendered. 

Tax Suits against the Western Union Telegraph 
Company. 

The case of the Attorney-General ex rel. Treasurer vs. the 
Western Union Telegraph Company, involving the tax for 
the year 1885, which in the last report of the department was 
noticed as having been appealed by the defendant to the 
supreme court of the United States, was advanced on the 



1890.] PUBLIC DOCUMENT — No. 12. 11 

docket and heard, and has been brought to a substantial ter- 
mination after a full hearing of the case by said court ; and 
the tax, namely, $10,618.46, with statutory interest (twelve 
per cent.) thereon to date of the first decree and costs of 
suit, has been paid into the treasury of the State. There 
still remains undetermined in this suit a question of interest, 
involving several hundred dollars. Interest was allowed by 
the circuit court at said rate only up to the date of the first 
decree of the circuit court. I have contended, and believe 
that the Commonwealth is entitled to interest at the statu- 
tory rate of twelve percent, up to the date of the final decree 
after the mandate, on the ground that until that date the 
matter was not adjudicated. This question is now being 
contested before the supreme court of the United States. 

Three other suits against the same company, involving the 
taxes for the years 1886, 1887 and 1888, were brought by 
this department in our supreme judicial court, and are now 
pending by removal by the defendant, in the United States 
circuit court in the district of Massachusetts. In these cases 
the company have introduced evidence not offered in the 
previous suit, upon which it is sought to raise new questions 
as to the validity of the assessments. These suits have been 
tried, and decisions thereon are expected to be rendered very 
soon. The preparation of these cases has developed a 
manifest defect in the tax law as it has been construed ; and 
I respectfully call your attention to chapter 8, section 40, of 
the Public Statutes, which provides that telegraph companies 
shall pay a tax on their corporate franchise at the legal rate 
of assessment, upon such a portion of the whole valuation of 
their capital stock as the length of that part of the line 
lying within this State is proportional to their total mileage 
of line in and out of the State. In determining this pro- 
portion, it has been the custom of the State to take into 
account the mileage of lines or posts, without regard to the 
number of wires on the lines or posts. Massachusetts has 
only about one fifty-fifth part of the total mileage of line or 
posts, while it has fully one forty-third of the total mileage 
of wire. Manifestly the mileage of wire is the index of the 
revenue of the company, and of the extent that the company 
has exercised its franchise within this State. I respectfully 



12 ATTORNEY-GENERAL'S REPORT. [Jan. 

call your attention to the subject. Another suit has just 
been instituted in our supremo judicial court against said 
company, for the taxes lor the year 1881). 

Suit for Abatement of Taxes. 

In the suit of the Suifolk Savings Bank vs. the Common- 
wealth, to recover back a portion of the tax assessed by the 
State treasurer against said bank, mentioned in my last 
report, judgment was rendered for the plaintiff, and the same 
with costs has been paid. 

In this case there was involved incidentally the question of 
whether or not the tax law contemplated that the guaranty 
fund and undivided profits of savings banks should be 
included in deposits upon which or according to which the 
franchise tax is assessed. The court appeared to hold that 
the word deposits signified " all the funds which the bank 
holds for investment." In assessing the tax for the year 
1889, the treasurer submitted to this department the question 
of whether or not he should include these moneys, which 
for that year amounted to nearl}i'fifteen million dollars in the 
amount upon which the tax was to be assessed. In view of 
the decision of the court, above referred to, I advised him 
that said fund should be included ; and, in order that the 
question might receive further judicial consideration, I sug- 
gested that a test case be made with one bank, which for 
that purpose should pay the full tax under protest, and then 
brinof suit under the statute for an abatement. This was 
done, and the case has been argued, and now awaits final 
decision in the supreme judicial court. 

Public Charities. 

In the matter of the trust created by the will of Mrs. 
Mary Whitney, pending in court at the filing of my last 
report, the trust has been established, and is being executed. 

The questions raised under the will of G. S. Holmes, 
relating to a trust of about four thousand dollars given for 
the relief of disabled seamen and soldiers who served in 
the Union army in the War of the Rebellion, etc., are still 
pending in the supreme judicial court. 



1890.] PUBLIC DOCUMENT — No. 12. 13 

In the case of the will of Henry Barr of Salem, and the 
trust created thereby, the Marine Society of Salem has been 
appointed trustee to execute the trust. 

In the matt(;r of the petition of St. Paul's Church Society, 
asking for permission to apply certain trust funds towards 
the erection of a rectory, no decree has yet been made. 

There are, in addition to these cases specially mentioned, 
several others in which the department has taken part (for 
an enumeration of which see the tables appended), and 
which are now pending. 

Miscellaneous Matters. 
Commonwealth vs. the Town of Williamstown. This is a 
suit I^rought by the Commonwealth to recover interest on 
the scrip or certiticates of indebtedness, amounting in all to 
thirty-three thousand dollars, issued by the town of Wil- 
liamstown in 1859, in payment of its subscription to the 
capital stock of the Troy & Greenfield Railroad. The scrip 
was bought by the Commonwealth soon after its issue as 
an investment of a portion of the school money. The case 
has been tried in the superior court, and decision thereon has 
not yet been rendered. As the present Attorney-General 
was consulted by the town in this matter prior to his election 
to said office, the case has been wholly managed and tried 
by Assistant Attorney-General Bliss. 

N'ew State House. — By chapter 349 of the Acts of 1888, 
entitled, " An Act to provide for the better accommodation 
of the State government in the city of Boston," certain 
duties were imposed on this department, which have been 
performed, together with all other labors concerning the 
carr} ing into effect the provisions of said Act, as have been 
requested by the Governor and Council and the State House 
Commissioners. The titles to the estates taken under the 
Act have been examined, forms prescribed and examined, 
notices given, deeds made, and various other matters per- 
taining to the purposes of the Statute have been attended to, 
as they from time to time demanded attention. 

Insurance Proceedings. — The Insurance Commissioner 
has referred to this department a large number of violations 



14 ATTORNEY-GENERAL'S REPORT. [Jan. 

of chapter 183 of the Acts of 1885, by insurance companies 
doing business on the assessment plan and under said Act. 
In all cases injunctions have been obtained, receivers and 
masters appointed ; and the affairs of the companies are now, 
with two exceptions, wound up. A large number of other 
questions and matters have been referred to this department, 
which have received proper attention. 

Algonquin Club and Back Bay Deeds. — The case of the 
Attorney-General ex i^el. Harbor and Land Commissioners 
vs. the Algonquin Club, whose building is upon the northerly 
side of Commonwealth Avenue, involving the construction 
of the conditions and limitations contained in the deeds from 
the Commonwealth of the Back Bay lands, has been heard 
and argued, and reported to the full court. The position 
taken by the club is a novel one, and, if sustained, render 
the conditions of the deed of peculiar value. 

Additional Laws on Requisition Matters. — I respectfully 
recommend that a law be enacted, prohibiting the taking 
from out the limits of the Commonwealth any alleged fugi- 
tive from justice who may be found in the Commonwealth, 
without a duly issued warrant of surrender from the Gover- 
nor, based upon requisition papers from the Governor of the 
State from which the alleged fugitive has fled, and that for 
any violation of such law proper penalties by imprisonment 
be prescribed. Such is the law of several other States, and 
it is, in my opinion, a wise and salutary measure. 

Bej)orts and Bills of Exceptions. — It is necessary that 
reports and bills of exceptions in Commonwealth cases, which 
are to be heard by the full court, should be had by the 
department in time for examination and for the preparation 
of briefs for the Commonwealth thereon. In several instances 
I have not received them until the da}^ before the sitting of 
the full court. In such cases, if extra time and effort had 
not been given in the preparation of the cases, a continuance 
would have been absolutely necessary, and thus in some 
counties delaying a decision for a year. I recommend that 
an Act be passed, or the present laws extended, so as to 
make it the duty of clerks of superior courts to forward to 



1890.] PUBLIC DOCUMENT — No. 12. 15 

this department, as soon as may be after allowance, a copy 
of all bills of exceptions and reports in both civil and crimi- 
nal cases, in which the Attorney-General is or may become 
a party. 

Expenses in Civil Business. — I respectfully recommend 
that section 10 of chapter 17 of the Public Statutes be 
amended to allow the Attorney-General to draw eight hun- 
dred dollars for expenses in civil cases. This is the sum 
actually appropriated each year; the additional sum of tive 
hundred dollars being appropriated by special Act (chapter 
472, Acts of 1889). As I have noted elsewhere (p. 40), a 
large portion of this expenditure is returned into the treasury 
of the Commonwealth upon the completion of suits and taxa- 
tion of costs ; the amount thus received and paid over this 
year being $320.33, or $20.33 more than the sum originally 
appropriated. 

Publication of Capital Trials. — No report of proceedings 
in the capital trials had during the year has been made for 
publication, as i% authorized by chapter 214 of the Acts of 
1886 ; no questions of sufficient importance having been 
raised in said trials to warrant, in my judgment, the expense 
of such publication. I recommend, however, a continuation 
of the appropriation under said chapter, as it is not drawn 
upon unless a publication is had. 

Dudley Indians. — The petition by the Commissioners 
of Dudley Indians to recover from the Common "health cer- 
tain portions of the proceeds of the sale of certain interests 
in lands originally held by a portion of the Pegan Indians, 
known as the Dudley Indians, has been argued. These 
lands were sold by direction of the Legislature in 1797, and 
the money paid into the treasury ; and the interest thereon 
was ordered to l)e paid to the guardians of these Indians as 
their necessities might require. An additional five hundred 
dollars was received from other sources, and was held in 
trust; and thirty dollars, as interest thereon, was ordered to 
be paid yearly, " until the tribe of Dudley Indians become 
extinct, after which time the said five hundred dollars was 
to vest in the Commonwealth." The Commonwealth has at 
various times paid to these guardians the sum of $27,059.77. 



16 ATTORNEY-GENERAL'S REPORT. [Jan. 

The questions involved are, whether this sum so paid is a 
payment in full, and discharges the Commonwealth from the 
trust, and whether the said tribe has become extinct. An 
early decision is expected. 

Collections. — The collections of the year have been con- 
siderable in amount, involving a large numl)er of cases. 
Many suits have been instituted, against both corporations 
and individuals. A large per cent, of the "expenses in 
civil cases " have been collected of defendants and paid over 
to the treasurer of the Commonwealth (for a more particular 
description of which, see pp. 37, 40). The total amount of 
collection was 131,070.67; $28,567.07 of this amount was 
received from corporations for taxes, $2,183.27 from other 
sources, and $320.33 for costs in civil cases, all of which 
have been paid to the treasurer of the Commonwealth, 
according to law. 

The demands upon the department for advice and counsel 
from the heads of other departments and commissions is 
yearly on the increase, and constitutes no inconsiderable 
part of the duties of the department. Necessarily, no 
accurate data of oral opinions given can be preserved or 
given. Written opinions are always on file. 

The usual number of hearings upon petition for use of the 
Attorney-General's name in suits have been held. 

The suit against the Fitchburg Railroad Company for 
rental of tbo Southern Vermont Railroad ; the case of Com- 
monwealln vs. Arthur Manchester (the menhaden fishery 
case), together with a number of suits against cities and 
towns for the board of paupers, are on the list, and a speedy 
trial is looked for. The violation of chapter 230 of the Acts 
of 1888 by the cities of Boston and Cambridge is held under 
advisement. 

H. C. Bliss, Esq., and H. A. Wyman, Esq., have con- 
tinued in the oflSce as assistants, and have rendered faithful, 
efficient and constant service. 

Details of the work of the department for the year, with 
tal)les, are annexed. 

ANDREW J. WATERMAN, 

Attorney- General. 



1890.] PUBLIC DOCUMENT — No. 12. 17 



MATTEES EX EELATIONE. 



The Attorney-General ex reL' Comptroller of County Accounts vs. 
William H. Whitman, clerk of courts, Plymouth County. 
Failure to comply with section 7, chapter 438, Acts of 1887. 
Complied with, upon notification. 

The Attorney-General ex rel. Board of Registration and Pharmacy 
vs. Revere Extract Company. Violation of cha[)ter 313, 
Acts of 1885. Complaints prepared and prosecution had in 
lower court. Defendant convicted. 

The Attorney-General ex rel. Comptroller of County Accounts vs. 
Julian P. Dunn, clerk of first district court of northern 
Worcester. Failure to comply with section 7, chapter 438, 
Acts of 1887. Complied with. 

The Attorney-General ex rel. Insurance Commissioner vs. United 
States Mutual Accident Relief Association. Petition for 
appointment of receiver. John F. Colby appointed. 

The Attorney-General ex rel. Commissioner of Corporations vs. 
Hoosatonic Water Company. Failure to comply with section 
38, chapter 13 of the Public Statutes. Complied with. 

The Attorney-General ex rel. Treasurer vs. Citizens Gas Light 
Company. Failure to pay proportional share of expenses 
of the Board of Gas and Electric Light Commissioners. 
Amount received. 

The Attorney-General ex rel. Board of Gas and Electric Light 
Commissioners vs. Fall River Gas Works Company. Viola- 
tion of section 14 of chapter 61 of the Public Statutes. 
Pending. 

The Attorney-General ex rel. Board of Gas and Electric Light 
Commissioners vs. Amesbury and Salisbury Gas Company. 
Violation of section 14 of chapter Gl of the Public Statutes. 
Pendino-. 



18 ATTORNEY-GENERAL'S REPORT. [Jan. 

The Attorney-Geueral ex rel. Board of Gas and Electric Light 
Commissioners vs. Miller's River Gas Light Company. Vio- 
lation of section 14 of chapter 61 of the Public Statutes. 
Pending. 

The Attorney-General ex rel. Board of Gas and Electric Light 
Company vs. Cottage City Gas Company. Violation of sec- 
tion 14 of chapter 01 of the Public Statutes. Pending. 

The Attorney-Geueral ex rel. Board of Gas and Electric Light 
Commissioners vs. Spencer Gas Company. Violation of sec- 
tion 14 of chapter 61 of the Public Statutes. Pending. 

The Attorney-General ex rel. Board of Gas and Electric Light 
Commissioners vs. Amherst Gas Company. Violation of sec- 
tion 18 of chapter 105, section 39 of chapter 106, section 11 
of chapter 01, of the Public Statutes; and section 6 of chap- 
ter 346 of the Acts of 1886. Pending. 

Petition for the dissolution of the Electric Standard Time Company 
by said company. S. J. C. Deputy Tax Commissioner's 
consent filed. 

Petition Tucker Manufacturing Company vs. Commonwealth, for 
damages under contract with Commonwealth for work at the 
State Prison. Pending. 

The Attorney-General ex rel. Treasurer vs. Boston Wall Paper 
Company. S. J. C. Injunction for non-payment of corpo- 
ration taxes for 1888. Tax and interest, with costs, received 
and paid over. Information discontinued. 

The Attorney-General ex rel. Treasurer vs. Bufford's Sons Litho- 
graph Company. S. J. C. Injunction for non-payment of 
corporation tax for 1888. Tax and interest, with costs, 
received and paid over. Information discontinued. 

The Attorney-General ex rel. Treasurer vs. Cape Ann Granite 
Company. S. J. C. Injunction for non-payment of corpo- 
ration tax for 1888. Tax and interest, with costs, received 
and paid over. Information discontinued. 

The Attorney-General ex rel. Treasurer vs. Crystal Emer}- Wheel 
Company. S. J. C. Injunction for non-payment of corpo- 
ration tax for 1888. Tax and interest, with costs, received 
and paid over. Information discontinued. 

The Attorney-General ex rel. Insurance Commissioner vs. American 
Steam Boiler Insurance Company. Violation of section 20, 
chapter 214, Acts of 1887. Penalty, under section 103 of 
said chapter, of $500, received and paid over to the treasurer 
of the Commonwealth. 



1890.] PUBLIC DOCUMENT — No. 12. 19 

Francis J. Strattou et. al. vs. the Physio Medical College et al. 
Petition to have clause in a will, creating a trust in favor of 
the defendant, declared void. S. J. C. Decree for plaintiff. 

Henry F. Coe vs. "Washington Mills et al. Bill of interpleader as 
to trust fund in the hands of the Washington Mills Benefit 
Society. Decree of instruction entered. 

The Attorney-General ex rel. Treasurer vs. Suffolk Brewing Com- 
pany. Failure to make returns, under section 54, chapter 106 
of the Public Statutes. Returns received. 

The Attorney-General ex rel. Commissioner of Corporations vs- 
Watkins Hot Water Heater Company. Failure to comply 
with chapter 330 of the Acts of 1884. Complied with. 

The Attorney-General ex rel. Commissioner of Corporations vs. 
Raymond Skate Company. Failure to make returns, under 
section 54 of chapter 106 of the Public Statutes. Returns 
received. 

The Attorney-General ex rel. Treasurer vs. Foote Refrigerator 
Company. S. J. C. Injunction for non-payment of cor- 
poration tax for 1888. Tax and interest, with costs, received 
and paid over. Information discontinued. 

The Attorney-General ex rel. Treasurer vs. H. A. Williams Man- 
ufacturing Company. S. J. C. Injunction for non-payment 
of corporation tax for 1888. Tax and interest, with costs, 
received and paid over. Information discontinued. 

The Attorney-General ex rel. Treasurer vs. L. A. May Company. 
S. J. C. Injunction for non-payment of corporation tax for 
1888. Tax and interest, with costs, received and paid over. 
Information discontinued. 

The Attorney-General ex rel. Treasurer vs. Lynn Ice Company. 
S. J. C. Injunction for non-payment of corporation tax for 
1888. Tax and interest, with costs, received and paid over. 
Information discontinued. 

The Attorney-General ex rel. Treasurer vs. Meigs Elevated Rail- 
way Company. S. J. C. Injunction for non-payment of 
corporation tax for 1888. Pending. 

The Attorney-General ex rel. Commissioner of Corporations vs. 
Russia Cement Company. Failure to make returns, under 
section 54 of chapter 106 of the Public Statutes. Returns 
received. 

The Attorney-General ex rel. Commissioner of Corporations vs. 
Atherton Machine Company. Failure to make returns, 
under section 54 of chapter 106 of the Public Statutes. 
Pendino-. 



20 ATTORNEY-GENERAL'S REPORT. [Jan. 

Suffolk Savings Baiik for Seamen and Others vs. Commonwealth. 
Petition, under section G4 of chapter 13 of the Public Statutes, 
for refunding of tax. Judgment for bank. 

The Attorney-General ex rel. Treasurer vs. City of Springfield. 
Board of pauper in Northampton Hospital. Pending. 

The Attorney-General ex rel. Treasurer vs. Towu of Bucklaud. 
Board of pauper in Northampton Hospital. Pending. 

The Attorney- General ex rel. Treasurer vs. Town of Ludlow. 
Board of pauper in Northampton Hospital. Pending. 

The Attorney-General ex rel. Treasurer vs. City of Cambridge. 
Board of pauper in Worcester Hospital. Pending. 

The Attorney-General ex rel. Treasurer vs. City of Newburyport. 
Board of pauper in School for Feeble-minded. Pending. 

The Attorney-General ex rel. Treasurer vs. Reading Water Com- 
pany. S. J. C. Injunction for non-payment of corporation 
tax for 1888. Tax and interest, with costs, received and paid 
over. Information discontinued. 

The Attorney-General ex rel. Treasurer vs. Westfield Brick Com- 
pau}^ S. J. C. Injunction for non-payment of corporation 
tax for 1888. Tax and interest, with costs, received and 
paid over. Information discontinued. 

The Attorney-General ex rel. Insurance Commissioner vs. Massa- 
chusetts Standard Benefit Company. Violation of chapter 
183, Acts of 1885. Injunction issued. Receiver, George L. 
Huntress, Esq., and master, Homer Albers,Esq., appointed. 

Parkman, Administrator, vs. McCarthy et al. Question as to 
property escheating to the Commonwealth. Decree of lower 
court affirmed. 

The Attorney-General ex rel. Insurance Commissioner vs. Hart- 
ford Steam Boiler Inspection and Insurance Company. 
Violation of section 20, chapter 214, Acts of 1887. Penalty, 
under section 103 of said chapter, of $500, received and paid 
over to the treasurer of the Commonwealth. 

The Attornej'-General ex rel. Treasurer vs. Town of Canton. 
Board of pauper in Taunton Hospital. Pending. 

The Attorney-General ex rel. Treasurer vs. Town of South Hadley. 
Board of pauper in Northampton Hospital. Pending. 

The Attorney-General ex rel. Treasurer vs. Town of Westford. 
Board of pauper in Taunton Hospital. Pending. 

The Attorney-General ex rel. Treasurer vs. Town of Peabody. 
Board of pauper in Worcester Hospital. Pending. 



181K).] PUBLIC DOCUMENT — No. 12. 21 

The Attorney-General ex rel. Commissioner of Corporations vs. 
H. N. Slater Company. Failure to make returns, under sec- 
tion 54 of chapter lOG of the Public Statutes. Pending. 

Charles E. Stevens and Thomas Harrington, Commissioners of 
Dudley Indians, vs. Commonwealth. Suit for money alleged 
to be held in trust by the State. Argued, but not decided. 

Fitchburg Savings Bank vs. Treasurer of the Commonwealth. 
Petition for refunding of tax. Pending. 

The Attornej'-General ex rel. Treasurer vs. Abbott Spinner Com- 
pany. Injunction for failure to make returns, under Public 
Statutes, chapter 13, section 38. Returns received. Costs 
of suit received and paid over. Information discontinued. 

The Attorney-General ex rel. Treasurer vs. the American Arms 
Compan}^ Injunction for failure to make returns, under 
Public Statutes, chapter 13, section 38. Returns received. 
Costs of suit received and paid over. Information discon- 
tinued. 

The Attorney-General ex rel. Treasurer vs. Boston Coffee House 
Company. Injunction for failure to make returns, under 
Public Statutes, chapter 13, section 38. Pending. 

The Attorney-General ex rel. Treasurer vs. Budget Publishing 
Company. Injunction for failure to make returns, under 
Public Statutes, chapter 13, section 38. Returns received. 
Costs of suit received and paid over. Information dismissed. 

The Attorney-General ex rel. Treasurer vs. the Dunbar Company. 
Injunction for failure to make returns, under Public Statutes, 
chapter 13, section 38. Pending. 

The Attorney-General ex rel. Treasurer vs. Cultivator Publishing 
Company. Injunction for failure to make returns, under 
Public Statutes, chapter 13, section 38. Returns received. 
Costs of suit received and paid over. Information discon- 
tinued. 

The Attorney-General ex rel. Treasurer vs. Globe Co-operative 
Shoe Compan3^ Injunction for failure to make returns, 
under Public Statutes, chapter 13, section 38. Pending. 

The Attorney-General ex rel. Treasurer vs. Hamblin and Russell 
Manufacturing Company. Injunction for failure to make 
returns, under Public Statutes, chapter 13, section 38. 
Returns received. Costs of suit received and paid over. 
Information discontinued. 

The Attorney-General ex rel. Treasurer vs. Haverhill Iron Works. 
Injunction for failure to make returns, under Public Statutes, 
chapter 13, section 38. Pending. 



22 ATTORNEY-GENERAL'S REPORT. [Jan. 

The Attorney-General ex rel. Treasurer vs. Peck and Whipple 
Company. Injunction for failure to make returns, under Pub- 
lic Statutes, chapter .13, section 38. Returns received. Costs 
of suit received and paid over. Information dismissed. 

The Attorney-General ex rel. Treasurer vs. Lincoln Wharf Com- 
pany. Injunction for failure to make returns, under Public 
Statutes, chapter 13, section 38. Returns received. Costs of 
suit received and paid over. Information discontinued. 

Petition for the dissolution of the Cambridge Preserving Com 
pany by said company. S. J. C. Deputy Tax Commis- 
sioner's consent filed. 

Petition for the dissolution of the Haverhill Leather Cloth Company 
by said company. S. J. C. Deputy Tax Commissioner's 
consent filed. 

Petition for the dissolution of the Lake Piano Company by said 
company. S. J. C. Deputy Tax Commissioner's consent 
filed. 

Petition for the dissolution of the Medford Electric Light Com- 
• pany by said company. S. J. C. Deputy Tax Commis- 
sioner's consent filed. 

Petition for the dissolution of the Salem Publishing Company by 
said company. S. J. C. Deputy Tax Commissioner's con- 
sent filed. 

Petition for the dissolution of the Wellfleet Boot and Shoe Com- 
pany by said company. S. J. C. Deputy Tax Commis- 
sioner's consent filed. 

Petition for tlie dissolution of the F. G. Lamson Company by said 
company. S. J. C. Deputy Tax Commissioner's consent 
filed. 

The Attorney-General ex rel. Treasurer vs. Manufacturers Gazette 
Publishing Company. Injunction for failure to make returns, 
under Public Statutes, chapter 13, section 38. Returns 
received. Costs of suit received and paid over. Informa- 
tion discontinued. 

The Attorney-General ex rel. Treasurer vs. Quaboag Steamboat 
Company. Injunction for failure to make returns, under 
Public Statutes, chapter 13, section 38. Returns received. 
Costs of suit received and paid over. Information discon- 
tinued. 

The Attornej'-General ex rel. Treasurer vs. Suffolk County Demo- 
crat. Injunction for failure to make returns, under Public 
Statutes, chapter 13, section 38. Pending. 



1890.] PUBLIC DOCUMENT — No. 12. 23 

The Attorney-General ex rel. Treasurer vs. Palmer Wire Manufact- 
uring Company. Injunction for failure to make returns, 
under Public Statutes, chapter 13, section 38. Returns 
received. Costs of suit received and paid over. Information 
discontinued. 

The Attorney-General ex rel. Treasurer vs. Union Glass Company. 
Injunction for failure to make returns, under Public Stat- 
utes, chapter 13, section 38. Returns received. Costs of 
suit received and paid over. Information discontinued. 

The Attorney-General ex rel. Treasurer vs. Union Stone Company. 
Injunction for failure to make returns, under Public Stat- 
utes, chapter 13, section 38. Returns received. Costs of 
suit received and paid over. Information discontinued. 

The Attornej'-General ex rel. Treasurer vs. Weymouth Light and 
PoAver Company. Injunction for failure to make returns, 
under Public Statutes, chapter 13, section 38. Returns re- 
ceived. Costs of suit received and paid over. Information 
discontinued. 

The Attorney-General ex rel. Treasurer vs. Wilder Manufacturing 
Company. Injunction for failure to make returns, under 
Public Statutes, chapter 13, section 38. Pending. 

The Attorney-General ex rel. Treasurer vs. Winslow's Rheumatic 
Plaster Company. Injunction for failure to make returns, 
under Public Statutes, chapter 13, section 38. Returns re- 
ceived. Costs of suit received and paid over. Information 
discontinued. 

The Attorney-General ex rel. Treasurer vs. Winthrop Gas Com- 
pany. Injunction for failure to make returns, under Public 
Statutes, chapter 13, section 38. Returns received. Costs 
of suit received and paid over. Information discontinued. 

The Attorney-General ex rel. Treasurer vs. Oriental Coal Oil Com- 
pany. , Injunction for failure to make returns, under Public 
Statutes, chapter 13, section 38. Returns received. Costs 
of suit received and paid over. Information discontinued. 

The Attorney-General ex rel. Treasurer vs. United Manufacturing 
Company. Injunction for failure to make returns, under Pub- 
lic Statutes, chapter 13, section 38. Returns received. Costs 
of suit received and paid over. Information discontinued. 

The Attorney-General ex rel. Treasurer vs. Charles W. Copeland 
Manufacturing Company. Injunction for non-payment of 
corporation tax for 1888. Pending. 

Commonwealth ex rel. Commissioner of Corporations vs. Lowell 
Gun Company. Failure to make returns, under section 54, 
chapter 106 of the Public Statutes. Petition for dissolution. 
Pending. 



24 ATTOENEY-GENERAL'S REPORT. [Jan. 

Commonwealth ex rel. Commissioner of Corporations %^s. Hub Stove 
and Lighting Company. Failure to make returns, under sec- 
tion 54, chapter 106 of the Public Statutes. Petition for 
dissolution. Pending. 

Petition for the dissolution of the Decker & Bonetz Cord Clothing 
Company by said company. S. J. C. Deputy Tax Commis- 
sioner's consent filed. 

Petition for the dissohition of the Empire Steamboat Company by 
said company. S. J. C. Deputy Tax Commissioner's consent 
filed. 

Petition for the dissolution of the Perfect Pencil Sharpener Com- 
pany by said company. S. J. C. Deputy Tax Commis- 
sioner's consent filed. 

Petition for the dissolution of the Boston Tobacco Compan}^ b}' 
said company. S. J. C. Deputy Tax Commissioner's consent 
filed. 

Petition for the dissolution of the Methuen Boot and Shoe Com- 
pany by said company. S. J. C. Deputy Tax Commis- 
sioner's consent filed. 

Petition for the dissolution of the Brush Electric Lighting Com- 
pany by said company. S. J. C. Deputy Tax Commis- 
sioner's consent filed. 

Petition for the dissolution of the Amherst Co-operative Associa- 
tion by said company. S. J. C. Deputy Tax Commissioner's 
consent filed. 

Commonwealth ex rel. Commissioner of Corporations vs. United 
States Cartridge Company. Failure to make returns, under 
section 54 of chapter 106 of the Public Statutes. Petition 
for dissolution. Pending. 

Commonwealth ex rel. Commissioner of Corporations vs. Athertou 
Machine Company. Failure to make returns, under section 
54, chapter 106 of the Public Statutes. Petition for disso- 
lution. Pending. 

The Attorney-General ex rel. Board of Gas and Electric Light 
Commissioners vs. Gardner Gas Light Company. Failure to 
comply with section 7, chapter 314, Acts of 1^85 ; and sec- 
tion 2, chapter 346, Acts of 1886. Complied with. 

The Attorney-General ex rel. Board of Gas and Electric Light 
Commissioners vs. Norwood Gas Light Company. Failure to 
comply with section 7, chapter 314, Acts of 1885 ; and sec- 
tion 2, chapter 346, Acts of 1886. Complied with. 

The Attorney-General ex rel. Deputy Tax Commissioner vs. Postal 
Telegraph Cable Company. Failure to make return, under 
chapter 238, Acts of 1885. Return received. 



1890.] PUBLIC DOCUMENT — No. 12. 25 

The Attorney-General ex rel. Commissioner of Corporations vs. 
Dubois Litliograph Company. Failure to pay fee, under sec- 
tion 54, chapter 106 of the Public Statutes. Pending. 

The Attorney-General ex rel. Treasurer vs. George H. Binney. 
Insurance agent's tax, under chapter 300 of the Acts of 1885. 
Claim in insolvency. Pending. 

The Attorney-General ex rel. Board of Gas and Electric Light 
Commissioners vs. United Electric Light Company. Failure 
to make returns, under section 7, chapter 314, Acts of 1885 ; 
and section 2, chapter 382, Acts of 1887. Complied with. 

The Attorney-General ex rel. Board of Gas and Electric Light 
Commissioners vs. Orange Electric Light Company. Failure 
to make returns, under section 7, chapter 314, Acts of 1885 ; 
and section 2 of chapter 382, Acts of 1887. Pending. 

The Attorney-General ex rel. Board of Gas and Electric Light 
Commissioners vs. Walworth Light and Power Company. 
Violation of section 3, chapter 382, Acts of 1887. Informa- 
tion filed. Pending. 

The Attorney-General ex rel. Board of Gas and Electric Light 

Commissioners vs. Middleborough Gas and Electric Light 

Company. Violation of chapter 382 of Acts of 1887. 
Pending. 

The Attorney-General ex rel. Treasurer vs. Springfield Bicycle 
Manufacturing Company. Claim in insolvency for corpo- 
ration tax. Pending. 

The Attorney-General ex rel. Insurance Commissioner vs. Boston 
Fraternal Accident Association. Violation of chapter 183, 
Acts of 1885. Injunction issued. James E. Leach appointed 
receiver. 

Commonwealth ex rel. Commissioner of Corporations vs. Milford 
Aqueduct Company. Failure to make returns, under section 
54, chapter 106 of the Public Statutes. Petition for disso- 
lution. Pending. 

E. J. Russell, Warden of State Prison, vs. the T. P. Baker 
Moulding Company. Claim in insolvency. Pending. 

Commonwealth vs. C. F. Libby. In Superior Court. Action of 
replevin to recover colonial manuscripts. Pending. 

In re Report Massachusetts Safety Fund Association. Receiver's 
and master's compensation. Argued, and final report estab- 
lished. 

Petition of Victor Spear, plaintiff in error, vs. Commonwealth. 
Writ of error. Judgment reversed. 



26 ATTORNEY-GENERAL'S REPORT. [Jan. 

Petition of Everett S. Kelly, Effie J. Kelly aud Horace H. Kelly, 
minors, vs. Board of Lunacy and Charity. Petition for writ 
of habeas corpus. Argued before full court. Not yet 
decided. 

The Attorney-Genei'al ex rel. Treasurer vs. Mount Tom Elastic 
Fabric Company. Claim in insolvency for corporation tax. 
Pending. 

The Attorney-General ex rel. Secretary of State vs. Sheriff of 
Hampden County. Failure to make return, lieturns received. 

George E. Bullard vs. the Town of Shirley. Petition for instruc- 
tion under will. Service accepted. 

Petition to perpetuate testimony of Charles I. Johnson. Pending. 

Petition for the dissolution of the Milford Shoe Factory Company 
by said company. S. J. C. Deputy Tax Commissioner's 
consent filed. 

Petition for the dissolution of the Charles River Shoe Factory 
Company by said company. S. J. C. Deputy Tax Commis- 
sioner's consent filed. 

The Attorney-General ex rel. Treasurer vs. Western Union Tele- 
graph Company. Injunction for non-payment of corporation 
tax of 1889. Pending. 

Petition for the dissolution of the Provincetown Boot and Shoe 
Company by said company. S. J. C. Deputy Tax Commis- 
sioner's consent filed. 

Petition for the dissolution of the Mason and Farnsworth Com- 
pany by said company. S. J. C. Deputy Tax Commis- 
sioner's consent filed. 

Petition for .the dissolution of the Kingston Aqueduct Company 
by said company. S. J. C. Deputy Tax Commissioner's 
consent filed. 

Petition for the dissolution of the Arnold Machine Barrel Com- 
pany by said company. S. J. C. Deputy Tax Commissioner's 
consent filed. 

Petition for the dissolution of the Main Street Rink Association by 
said company. S. J. C. Deputy Tax Commissioner's con- 
sent filed. 

Petition for the dissolution of the Jairos Manufacturing Company 
by said company. S. J. C. Deputy Tax Commissioner's 
consent filed. 

Petition for the dissolution of the Boston Beef Packing Company 
by said company. S. J. C. Deputy Tax Commissioner's 
consent filed. 



1890.] PUBLIC DOCUMENT — No. 12. 27 

Petition for the dissolution of the Hinckley Locomotive Company 
by said company. S. J. C. Deputy Tax Commissioner's 
consent filed. 

Petition for the dissolution of the Wellesley Ice Company by said 
company. S. J. C. Deputy Tax Commissioner's consent 
filed. 

The Attorney-General ex rel. Treasurer vs. Adams Co-operative 
Association. Injunction for non-payment of corporation tax 
of 1888. Pending. 

The Attorney-General ex rel. Treasurer vs.. the Blackburn Valve 
Company. Injunction for non-payment of corporation tax of 
1888. Pending. 

The Attorney-General ex rel. Treasurer vs. Norton INIanufacturing 
Company. Injunction for non-payment of corporation tax of 
1888.. Pending. 

The Attorney-General ex rel. Treasurer vs. the Powow Co-opera- 
tive Society of Amesburyand Salisbury. Injunction for non- 
payment of corporation tax of 1888. Pending. 

Petition for the dissolution of the B. B. Hill Manufacturing 
Company by said company. S. J. C. Deputy Tax Com- 
missioner's consent filed. 

Petition for the dissolution of the Franklin Square Grocery Com- 
pany by said company. S. J. C. Deputy Tax Commis- 
sioner's consent filed. 

Petition for the dissolution of the Boston Cordage Company by 
said company. S. J. C. Deputy Tax Commissioner's con- 
sent filed. 

Petition for the dissolution of the Northampton Building Com- 
pany by said company. S. J. C. Deputy Tax Commissioner's 
consent filed. 

Petition for the dissolution of the American Rattan Company by 
said company. S. J. C. Deputy Tax Commissioner's con- 
sent filed. 

Petition for the dissolution of the Springfield News Company by 
said company. S. J. C. Deputy Tax Commissioner's con- 
sent filed. 

Petition for the dissolution of the Boston and Savannah Steam- 
ship Company by said company. S. J. C. Deputy Tax 
Commissioner's consent filed. 

The Attorney-General ex rel. Treasurer vs. Security Associates. 
Injunction for non-payment of corporation tax of 1888. 
Pending. 



28 ATTORXEY-GEXERAL'S REPORT. [Jan. 

The Attorney-General ex rel. Treasurer vs. H. Burr Craudall, 
guardian ^Margaret Crawford. Proceedings to enforce pay-, 
ment of board for ward in Northampton Lunatic Hospital. 
Pending. 

The Commonwealth vs. H. Florence Crosby, for board of Jessie 
Crosby in Danvers Lunatic Hospital. Reported condition of 
affairs to trustees of hospital. 

Commonwealth vs. Joseph H. Sears, for board of Rosa F. Sears 
in Danvers Lunatic Hospital. Pending. 

Commonwealth vs. Rowland Cowper, for board in Danvers Luna- 
tic Hospital. Pending. 

Commonwealth vs. H. B. Miller, for board in Danvers Lunatic 
Hospital. Pending. 

Commonwealth ex rel. Commissioner of Corporations vs. Cottage 
City Gas Compau}'. Failure to pay fee, under section 54, 
chapter 106 of the Public Statutes. Pending. 

The Attorney-General ex rel. Treasurer us. George J. Raymond 
Company. S. J. C. Injunction for non-payment of corpo- 
ration tax. Pending. 

The Attorney-General ex rel. Treasurer vs. Vacuum Refrigerator 
Company. S. J. C. Injunction for non-paj-ment of cor- 
poration tax. Preliminary injunction issued. 

The Attorney-General ex rel. Treasurer vs. Standard Pulp Com- 
pany. S. J. C. Injunction for non-payment of corporation 
tax. Dismissed. 

The Attorney-General ex rel. Harbor and Land Commissioners 
vs. Algonquin Club. S. J. C. Information for injunction 
for violation of condition of deeds of land from the Com- 
monwealth on the Back Bay. Trial had before single justice. 
Case reported to the full court. 

James K. Adams vs. the Commonwealth (Cattle Commissioners). 
Petition for compensation for care, killing and burial of cer- 
tain swine infected with disease. Superior Court, Suffolk 
County. Not yet reached. Pending. 

The Attorney-General ex rel. Harbor and Land Commissioners vs. 
John B. Jeffers. S. J. C. Injunction to restrain defendant 
building on Meridian Street bridge. Decree in favor of Com- 
monwealth. Building to be removed. 

Commonwealth vs. IMiddlesex Central Railroad Company and Bos- 
ton & Lowell Railroad Company. Middlesex County Com- 
missioners. Petition for award of damages under chapter 10 
of the Acts of 1879. Finding for Commonwealth, S375. 
Case now in suit, superior court, for interest. Not yet heard. 



1890.] PUBLIC DOCUMENT — No. 12. 29 

The Attorney-General (Edward J. Russell, warden) vs. Tucker 
Manufacturing Company. S. C. Action of contract for 
prison labor. In the hands of a receiver, and the State is 
secured by a special bond. Pending. 

Petition of Suffolk Savings Bank for Seamen and Others vs. Com- 
monwealth. S. J. C. To correct assessment value of build- 
ings for purposes of taxation. Case reported to full court. 
Petition allowed. 

The Attorney-General ex rel. Commissioners of Corporations vs. 
Martin Wilson Automatic Fire Alarm Company. Failure to 
comply with chapter 330 of the Acts of 1884. Pending. 

The Attorney-General ex rel. Savings Bank Commissioners vs. 
Union Savings Bank, Fall River. S. J. C. Injunction 
issued. 

The Attorney-General ex rel. Insurance Commissioner vs. Massa- 
chusetts Relief Association. S. J. C. Injunction for viola- 
tion of .chapter 183 of the Acts of 1885. Injunction issued, 
and receiver and master appointed. 

The Attorney-General ex rel. Harbor and Land Commissioners vs. 
Marcelhis S. Ayer et al. and Spiritual Fraternity. S. J. C. 
Information for the violation of condition in the deed from 
the Commonwealth. Reserved for consideration by full court. 
Argued. Information discontinued. 

The Attorney-General ex rel. Treasurer vs. Western Union Tele- 
graph Company. S. J. C. Injunction for the non-payment 
of taxes for the year 1885. Defendant transfers the case to 
United States Court. Judgment for the Attorney-General 
(case not finally disposed of) ; see United States circuit 
court. 

The Attorney-General ex reL Treasurer t's. The Midland Improve- 
ment and Construction Company. Suit for taxes of 1882. 
Affairs in the hands of a receiver. Pending. 

The Attorney-General ex rel. Treasurer vs. Standard Paper Bag 
Company. Suit for taxes of 1882. Discontinued. 

The Attorney-General ex rel. Treasurer vs. Lighthall Cable Tram- 
way Company. Suit for taxes of 1885. Discontinued. 

The Attorney-General ex rel. Treasurer vs. Town of Peru. Suit 
for board of pauper. Pending. 

The Attorney-General ex rel. Secretary of State vs. George Rob- 
inson, standing justice district court, eastern Hampden. 
Failure to make returns under chapter 16, section 72, Public 
Statutes, for 1884 and 1885. Made for 1885. Pending as to 
1884. Referred to district attorney. 



30 ATTORNEY-GENERAL'S REPORT. [Jan. 

The Attorney-General ex rel. Treasurer vs. Snow Paper Compau}^ 
Claim in insolvency. No assets ; so reported. Discontinued. 

The Attorney-General ex rel. Treasurer vs. National Color Print- 
ing Company. Claim in insolvency. No assets ; so reported. 
Discontinued. 

The Attorney-General ex rel. Commissioner of Corporations vs. 
Standard Sewer Trap Company. Failure to complv with 
chapter 330, Acts of 1884. Pending. 

Commonwealth (Gardiner Tufts, superintendent Massachusetts 
Reformatory) vs'. J. Henry Martin & Son, and Wilbur F. 
Whitney, trustee. S. C. Worcester County. Claim for 
work done by prisoners. $370.32 received and paid over to 
superintendent Massachusetts Reformatory. 

The Attorney-General ex rel. Commissioner of Corporations vs. 
Capital City Water Company. Violation of chapter 330 of 
the Acts of 1884. Pending. 

The Attorney-General ex rel. Treasurer, vs. Miller's River Gas 
Light Company. Violation of chapter 14, section Gl, of 
Public Statutes. Pending. 

The Attorney-General ex rel. William R. Mann and others, com- 
mittee of inhabitants of the town of Sharon, vs. Revere 
Copper Company. S. J. C. Information for injunction 
against drawing water from Massapoag Pond. Pending. 

Mary J. Moore, Mary B. Thompson and Belinda A. Dolan, peti- 
tioners, vs. Commonwealth. S. J. C. Damages for flats 
taken by Harbor and Land Commissioners. Referred to an 
auditor, and is now before the full court. Argued, but not 
decided. 

The Attornej'-General ex rel. Treasurer vs. Western Union Tele- 
graph Company. S. J. C. Injunction for non-payment of 
the corporation tax of 1886. Removed to the United States 
circuit court, which see. 

The Attorney-General ex rel. Treasurer vs. Western Union Tele- 
graph Company. Injunction for corporation tax of 1887. 
Removed to United States circuit court, which see. 

Commonwealth, by Board of Commissioners of Savings Banks, 
vs. Lancaster Savings Bank. S. J. C. Petitions for injunc- 
tion and winding up of affairs. Affairs in the hands of 
receivers. 

Same vs. Reading Savings Bank. Same. 

Commonwealth, by Deputy Tax Commissioner, vs. Neptune 
Insurance Company. S. J. C. Petition for injunction and 
winding up of affairs. Receiver's final report made. 



1890.] PUBLIC DOCUMENT — No. 12. 31 

The Attorney-General ex rel. Insurance Commissioner vs. the 
Provident Mutual Association. S. J. C. Information for 
injunction for violation of section 8, chapter 183 of the 
Acts of 1885. Injunction granted and receiver appointed. 
Receiver's final account (no assets) filed. 

Tlie Attorney-General ex rel. Insurance Commissioner vs. the 
Provident Fraternity. S. J. C. Information for an injunc- 
tion for violation of section 8, chapter 183 of the Acts of 
1885. Injunction granted and receiver appointed. Receiver's 
final account (no assets) filed. 

The Attorney-General ex rel. Insurance Commissioner vs. the 
United States Mutual Accident Relief Association. S. J. C. 
Information for injunction for violation of section 8 of chap- 
ter 183 of the Acts of 1885. Injunction granted ; receiver, 
E. H. Moore, Esq., and master, J. H. Colby, Esq., appointed. 
Pending. 

Commonwealth -ys. Fitchburg Railroad Company. Superior Court, 
Suffolk. Action of contract for rent under lease of Southern 
Vermont Railroad Company. Pending. 

In re Home Mutual Aid Association. S. J. C. Petition of 
receiver for allowance of final report. Report allowed. 

Murdock Parlor Grate Company vs. the Commonwealth. 
Superior Court, Suffolk. Petition, under chapter 195, for 
damages for overloading leased building, 20 Beacon Street. 
Trial in Superior Court. Case reported to full court. 

Proprietors of St. Paul's Church, petitioners, for permission to 
use trust fund. Reported to full court. Pending. 

Eastman, Jr., et al., vs. Allard. S. J. C. Petition for instruc- 
tions as to use of charitable funds. Answer filed. Bill dis- 
continued. 

Holmes et al.., vs. Coates. Construction of will. Answer filed. 
Pending. 

The Attorney-General ex rel. Treasurer vs. Western Union Tele- 
graph Company. Information for injunction of taxes, 1888. 
Transferred to United States circuit court. 

The Attorney-General ex rel. Treasurer vs. the Estate of Timothy 
J. Dacy, guardian of Henry Fall, for board at Northampton 
Hospital. Portion of account received ($253.96) and paid 
over. Balance pending. 

The Attorney-General ex rel. Commissioner of Corporations vs. 
Vacuum Refrigerator Company. Failure to pay fees under 
section 54 of chapter 106, Public Statutes. Company 
enjoined. 



32 ATTORNEY-GENERAL'S REPORT. [Jan. 

The Attorney-General ex rel. Commissioner of Corporations vs. 
Palmer Water Company. Failure to pay fees for filing 
returns, under section 54 of chapter 106 of the Public Statutes. 

The Attorney-General ex rel. Treasurer Danvers Lunatic Hospital 
vs. Charles E. Bowers, for board of patient in Danvers Luna- 
tic Hospital. Received and paid over. 

The Attorney-General ex rel. Commissioner of Corporations vs. 
Nemosett Company. Failure to pay fees for filing returns, 
under section 54 of chapter 106, Public Statutes. Pending. 

The Attorney-General ex rel. Treasurer versus — 

Abbott Spinner Company. 
Adams Co-operative Association. 
Adams Gas Light Company. 
Agawam Co-operative Shoe Company. 
American Arms Company. 
American Chlorine and Chemical Company. 
American Cultivator. 
American Paper Bag Company. 
Athol Electric Light and Power Company. 
Atlantic Fertilizer Company. 
Automatic Music Paper Company. 
Automatic Roller Toboggan Company. 
Baker's Pond and Drain Fishing Company. 
Barnaby Manufacturing Company. 
Barns Manufacturing Company. 
Bay State Felt Boot and Shoe Company. 
Border City Hotel. 
Boston Coffee House. 
Boston District Telegraph Company. 
Boston Oakum Company. 
Boston Tag and Printing Company. 
Boston Water Trust and Investment Compan3^ 
Bowker and Williams Hoop Machine Company. 
, Bradford Water Company. 
Bradley Fertilizer Company, 
Brockton Gazette Company. 
Brown Hotel Company. 
Budget Publishing Compan}'. 
Cape Ann Granite Company. 
Charles F. Bates Manufacturing Company. 
Citizens Steam and Gas Light Company of Lynn. 
Columbia Rubber Company. 
Co-operative Printing and Publishing Company. 



1890.1 PUBLIC DOCUMENT — No. 12. 33 

The Attorney-General ex rel. Treasurer versus — 
Cottage City Gas Company. 
Craig and Ricbmond Granite Company. 
Cultivator Publishing Company. 
D. C. Storr Furniture Company. 
D. Lothrop Company. 
Daily News Company. 
Douglass Land Company. 
Dr. J. Melvin Company. 
Draper Manufacturing Company. 
Dubois Lithograph Company. 
Dunbar Company. 
Eagle Metallic Brush Company. 
East Hampton Electric Company. 
Elliott Paper Box Company. 
Elwell Heddle Company. 
Equitable Pioneer Co-operative Company. 
F. G. Lamson Company. 
First National Publishing Company. 
Franklin Mills Company. 
Freemasons Hall. 
French Co-operative Store. 
George J. Raymond Company. 
George Noyes Plowman Company. 
Globe Co-operative Shoe Company. 
Gloucester Electric Light Company. 
Gloucester Electric Company. 
Greylock Institute Water Company. 
Greylock Park Association. 
Hamblin and Russell Manufacturing Company. 
Hampden Watch Company. 
Haverhill Iron Works. 
Henry Wood's Sons Company. 
Heman W. Ladd Company. 
Hero Cough Syrup Company. 
Hoosatonic Water Company. 
Hovey Publishing Company. 
Ipswich Co-operative Creamery. 
Irvona Tanning Company. 

K. of L. Co-operative Association of North Adams. 
Law and Order Publishing Company. 
Lincoln Wharf Company. 
Lowell Knitting Machinery Company. 
Lowell Land Company. 



34 ATTORNEY-GENERAL'S REPORT. [Jan. 

The Attorney-General ex rel. Treasurer versus — 

Lynn Belt Line Street Railway Company. 

Lynn District Messenger Company. 

Manufacturers' Gazette Publishing Company. 

Marlboro' Times Publishing Company. 

Martha's Vineyard Railroad Company. 

Meigs Elevated Railway Company. 

Middlesex Real Estate Association of Cambridge. 

Milford Electric Light and Power Company. 

Minot Manufacturing Company. 

Nashua, Acton and Boston Railroad Company. 

National Construction Company. 

National Home Building Company. 

Nation K. of L. Co-operative Elastic Fabric Company. 

Newbury port and Amesbury Horse Railroad Company. 

Newburyport Quarry Company. 

Norfolk Street Railway Company. 

North Attleborough Steam and Electric Company. 

Ocean Terminal Railroad Company." 

Ocean Terminal Railroad Dock and Elevator Company. 

Orange Electric Light Company. 

Oriental Coal Oil Company. 

Para Rubber Shoe Company. 

Peck and Whipple Company. 

Phoenix Brewing Company. 

Pigeon Hill Granite Company. 

Plum Island Street Railway Company. 

Plymouth Electric Light Company. 

Powow Co-operative Society A. and S. 

Prang Educational Company. 

Provincetown Electric Company. 

Quaboag Steamboat Company. 

Randolph Electric Light and Power Company. 

Reading Water Company. 

Readville Rubber Company of Hyde Park. 

Real Estate Exchange and Auction Board. 

Richmond Co-operative Creamery. 

Riverside Water Company. 

Rotary Shuttle Sewing Machine Company. 

Roxbury P^lectric Light Company. 

Rubber Step INIanufacturing Compan}'. 

S. K. Smith Silk Manufacturing Company. 

Springlield Union. 

Standard Brick Company. 

Standard Paper Bag Company. 



1890.] PUBLIC DOCUMENT — No. 12. 35 

The Attorney-General ex rel. Treasurer versus — 

Standard Rubber Company. 

Standard Spindle Company. 

Staudish Mills. 

State Publishing Company. 

Suffolk County Democrat Publishing Company. 

Saugus Water Company. 

Stoneham and Wakefield Electric Light Company. 

Suffolk Glass Company. 

Town Neck Land and Improvement Company. 

Tully Mill. 

Union Back INIill Company. 

Union Marine Railway Company. 

Union Glass Company. 

Union Newspaper Company. 

Union Stone Company. 

United Manufacturing Company. 

Vineyard Haven Gas and Electric Company. 

Vineyard Haven Water Company. 

Wakefield Co-operative Shoe Company. 

Wakefield Water Company. 

Wenham Lake Ice Company. 

Wentworth Carpet Lining Company. 

West Ware Paper Company. 

Western Union Telegraph Company. ^ 

Weymouth Light and Power Company. 

Wheelman Company. 

Wilder Manufacturing Company. 

William E. Smythe Company. 

Williston Mills. 

Winchester Electric Light Company. 

Winslow's Rheumatic Plaster Company. 

Winthrop Gas Company. 

Wire Fabric Rubber Company. 

Woolson Machine Company. 

Wright Manufacturing and Perfumery Company. 

Haverhill Roller Toboggan Company. 

Mudie Library Company. 

^tna Rubber Mills. 

National Home Building Company. 

North Brookfield Co-operative Creamery Association. 

Palmer Wire Manufacturing Company. 
Failure to make returns required by section 38 of chapter 13 of 
the Public Statutes. Complied with. 



36 ATTORNEY-GENERAL'S REPORT. [Jan. 



United States Circuit Court. 

The Attorney-General ex rel. Treasurer of the Commonwealth vs. 
Western Union Telegraph Company. Injunction, non-pay- 
ment of corporation tax of 1888. From State court. Argued, 
but not decided. 

Hannah B. Hall, administratrix qstate George M. Hall, vs. A. W. 
Locke et al.. Manager Troy and Greenfield Railroad and 
Hoosac Tunnel. Suit for injuries received on defendant's 
road. Not yet tried. 

Hannah B. Hall, administratrix estate Agnes M. Hall, vs. Augus- 
tus W. Locke et al., Manager, etc. Same. Not yet heard. 

The Attorney-General ex rel. Treasurer of the Commonwealth vs. 
Western Union Telegraph Company. Petition for instructions 
by defendant as to rate of interest to be reckoned on State 
corporation tax of 1885. Decision for Attorney-General; 
rate to be twelve per cent. Case further heard as to time 
from which it should be reckoned. Decision of court that 
interest should be reckoned from final decree. Case now 
before the court as to what was the final decree. 

The Attorney-General ex rel. Treasurer of the Commonwealth vs. 
Western Union Telegraph Company. Injunction for non- 
payment of corporation tax of 1886. From State court. 
Argued, but not decided. 

The Attorney-General ex rel. Treasurer of the Commonwealth vs. 
Western Union Telegraph Company. Injunction for non- 
payment of corporation tax of 1887. From State court. 
Argued, but not decided. 

United States Supreme Court. 

The Attorney-General ex rel. Treasurer of the Commonwealth vs. 
Western Union Telegraph Company. Information for injunc- 
tion for non-payment of corporation taxes, 1885. Appeal 
from circuit court. (Mass. Dist.) Decision for the Attorney- 
General. Mandate for the payment of tax ordered. Tax, 
except part of interest, received and paid over. 



1890.] 



PUBLIC DOCUMENT — No. 12. 



37 



COLLECTIONS. 



American Co-ojiei-ative Boot and Shoe 
Company, 



American Cultivator Publishing Company, 
Blair Camera Company, .... 

Boston Wall PajDer Company, . 

• 

Budget Publishing Company, . 
Buflford Sons Lithograph Company, . 

Cape Ann Granite Company, 

Chicopee Folding Box Company, 
Childs and Kent Expi'ess Company, 
Craig and Richards Granite Company, 
Crystal Emery Wheel Company, 

Damon Safe and Iron Works Company, . 
Educational Supply Company, . 



Tax, $270 85 
Int., 7 04 



Tax, 
Int., 


$73 40 
2 06 


Tax, 

Int., 


$519 67 
17 66 


Tax, 
Int., 
Costs, 


$367 00 

19 08 

4 98 


Tax, 

Int., 


fllO 10 
3 08 


Tax, 
Int., 

Costs, 


$264 24 

13 21 

4 98 


Tax, : 
Int., 

Costs, 


P,040 81 
52 04 

8 00 


Tax, 
Int, 


fl36 52 
4 36 


Tax, 
Int, 


$231 21 
6 01 


Tax, 

Int, 


$214 33 
8 50 


Tax, 
Int., 

Costs, 


$28 63 
1 43 
7 90 


Tax, 
Int., 


$110 10 
1 32 


Tax, 
Int., 


$183 50 
5 32 



$277 89 

75 46 

537 33 

391 06 
113 18 

282 43 



1,100 


85 


140 


88 


237 


22 


222 


83 


37 


96 


111 


42 


188 82 



38 ATTORNEY-GENERAL'S REPORT. 

Empire Laundry Macliine Company, 
Foote Refrigerator Company, . 

Greenfield Tool Works, . 



Tax, 
Int., 


$220 20 
5 73 


Tax, 
Int, 
Costs, 


$35 23 
1 76 
9 28 


Tax, 
Int, 


$13 21 
21 



H. A. Williams Manufacturing Comjjany, Tax, $161 48 

Int., 8 40 

Costs, 6 00 

. Tax, $146 80 

Int., 7 34 



Hall Type Writer Company, . 

Haverhill Roller Toboggan Company, 

Heman W. Ladd Company, 

L. A. May Comj^any, .... 

Lake Piano Company, .... 

Lancaster Water Company, 

Lynn Ice Company, 

Magneso Calcite Fire Proof Company, 

Manufactiu'ing Gazette Publishing Com- 
pany, 



Tax, $88 08 
Int , 2 30 



Tax, 

Tax, $590 87 

Int., 44 32 

Costs, 5 90 



National Fireworks Company, . 

New England Despatch Company, 

Pacific Guano Company, . 
Prang Educational Company, . 

Quaboag Steamboat Comi)any, 

Reading Water Company, 



Tax, 
Int., 


$73 40 
2 12 


Tax, 
Int., 


$293 60 
7 63 


Tax, 
Int., 

Costs, 


$657 66 

39 46 

5 90 


Tax, 

Int, 


$168 98 
3 82 


Tax, 
Int., 


$70 46 
1 98 


Tax, 
Int., 


$264 24 
12 78 


Tax, 

Int., 


$82 58 
2 15 



Tax, 

Tax, $711 98 
Int., 19 85 



Tax, 
Int., 


$74 87 
3 00 


Tax, 
Int., 

Costs, 


$58 72 
3 64 

7 80 



[Jan. 

$225 93 

46 27 
13 42 

175 88 
154 14 



90 38 
109 75 



641 09 

75 52 

301 23 

703 02 
162 80 

72 44 
277 02 



84 73 
7,990 63 



731 83 

77 87 

70 16 



Tax, $1,901 06 
Int., 45 62 



Tax, 
Int., 


f293 60 
7 04 


Tax, 
Int., 


$367 00 
20 82 


Tax, 
Int., 

Costs, 


$30 83 
1 51 
5 50 


Tax, 
Int., 


fllO 10 
2 86 


Tax, 
Int, 


$73 40 
18 33 


Tax, 
Int., 


|110 10 
4 56 



1890.] PUBLIC DOCUMENT — No. 12 

S. A. Woods Machine ComiJany, 
Suburban Parcel Delivery Company, 
Suspension Transportation Company, 
Westfield Brick Company, 

Westport Wooden Ware Company, . 
William E. Smythe Company, . 



Wright Manufacturing and Perfmnery 
Company, . _ 



Total corporation taxes of 1888, 

Charles Bowers, for board of i^atient at Danvers Lunatic 
Hospital dm-ing 1887-88, 

Hartford Steam Boiler Inspection and Insurance Company 
(penalty under chapter 214, Acts of 1887), . 

American Steam Boiler Company (penaltj' under chapter 
214of the Acts of 1887), 

Charles Bowers, for board of patient at Danvers Lunatic 
Hospital to May, 1889, 

George W. Bradbury, for board of patient at Danvers 
Lunatic Hospital during 1889, 

Charles Bowers, for board of patient at Danvers Lunatic 
Hospital to 1890, 

Timothy J. Dacey, guardian Henry Fall, board of patient 
at Northampton Lunatic Hospital, .... 

J. Henry IMartin & Son, for work done by prisoners at 
Massachusetts Reformatory, 



Brockton Gazette Publishing Company, 
Eagle INIills Company, .... 
Palmer Water Company, 
Ware River Manufacturing Company, . 
Willey Robinson Manufacturing Company, 
Brookside Paper Manufacturing Comjiany, 
Locke's Pond Reservoir Company, 
Little & Co., 



$5 00 
5 00 
5 00 
5 00 
5 00 
5 00 
5 00 
5 00 



39 

1,946 68 
300 64 

387 82 

37 84 

112 96 

91 73 

114 66 

8,713 77 

$133 18 

500 00 

500 00 

131 37 

86 76 

133 44 

253 96 

376 32 
^2,115 03 



40 



ATTOENEY-GENERAL'S REPORT. 



[Jan. 



Baker's Pond and Drain Fishing Company, . 
D. C. Storr Furniture Company, . . . , 
Haverhill Roller Toboggan Company, . 
Havei'hill Register Co-operative Printing Com- 
pany, 

Milford Pink Granite Company, . . . . 



$5 00 
5 00 
5 00 

5 00 
5 00 



Fees for returns under Public Statutes, chapter 106, sections 

54 and 55, $65 00 

Citizens Gas Light Company, proportional share of Board 

of Gas and Electric Light Commissioners' expenses, . $3 24 

Costs in civil cases received and j)aid over to treasurer, . $320 33 



The Attorney-General ex rel. Treasurer versus — , 

Albany Street Freight Eailway Company, 

American Cultivator Publishing Company. 

Atlas Publishing Company. 

Bay State Manufacturing Company. 

Blackburn Valve Company. 

Boston Heating Company. 

Boston Advertising Company. 

Boston Wall Paper Company. 

Braintree Water Supply Company. 

Budget Publishing Company. 

Cassino Art Company. 

Chas. W. Copeland Manufacturing Company. 

Citizens Gas Light Company. 

Dedham Electric Company. 

Educational Supply Company. 

Electric and Machine Company. 

Foote Refrigerator Company. 

Gardner Gas Light Company. 

Geo. E. Reed Furniture Comi)any. 

H. A. Williams Manufacturing Company. 

Hampden Watch Company. 

Hancock Inspirator Company. 

The Harvard Printing Company. 

Haverhill Roller Toboggan Company. 

Hero Cough Syrup Company. 

Lancaster Water Company. 

Lawson Manufacturing Company. 

Lewis Engraving Company. 



1890.] PUBLIC DOCUMENT — No. 12. 41 

The Attorney-General ex rel. Treasurer versus — 

Long Beach RaUroad Company. 

Lynn Belt Line Street RailwayiCompany. 

Lynn Ice Company. 

Magneso Calcite Fire Proof Company. 

Mansfield Co-operative Furnace Company. 

Manufacturers' Gazette Publishing Company. 

Martha's Vineyard Railroad Company. 

Martha's Vineyard Street Railway Company. 

Meigs Elevated Railway Company. 

Meigs Elevated Railway Construction Company. 

Mount Tom Elastic Fabrics Company. 

Nantucket Railroad Company. 

National Fireworks Company. 

Nonantum Worsted Company. 

Old Spain Co-operative Society. 

Plum Island Street Railway Company. 

Pranker Manufacturing Company. 

Raymond Skate Company. 

S. A. Woods Machine Company. 

Sanford Woolen Company. 

Security Associates. 

Springfield Bicycle Company. 

Suspension Transportation Compan}'. 

Wakefield Water Company. 

Walter Heywood Chair Manufacturing Company. 

Waltliam Tribune Corapan}'. 

Wentworth Carpet Lining Company. 

Western Union Telegraph Company. 

Westfield Brick Company. 

Information for injunctions for non-payment of corporation taxes 
of 1889. Received Jan. 8, 1890. 



42 



ATTORNEY-GENERAL'S REPORT. 



[Jan. 



TABLE OF CASES. 



TABLE 

Showing the Number of Criminal Cases pending on' Questions oj 
Law in the Supreme Judicial Court during the Year ending 
Jan. 15, 1890, arid the Disposition thereof by Counties. 



COUNTIES. 


03 


5 5 

1 2 
•5 a 


3 0. g 


O 

3 

■S 2 

I. 'O 


Received since 
Last Sitting of 
Court now 
pending. 


Barnstable, 


6 


2 




1 


3 


Berkshire, . 










1 


1 


- 


- 


- 


Bristol, 










7 


7 


- 


~ 


- 


Essex, 










4 


4 


- 


- 


- 


Franklin, . 










1 


1 


- 


- 


- 


Hampden, . 
Hampshire, 
Middlesex, 










2 

2 
15 


1 
2 
6 


1 


4 


1 
4 


Nantucket, 










1 


1 


- 


- 


- 


Norfolk, . 










17 


12 


4 


- 


- 


Plymouth, . 
Suffolk, . 










6 
22 


4 
15 


1 


2 


6 


Worcester, 










9 


8 


1 


- 


- 


Totals, 








• 


93 


63 


8 


8 


14 



1890.] 



PUBLIC DOCUMENT — No. 12. 



43 



TABLE 

Shoioing the Number and Character of Criminal Cases pending on 
Questions of Laic in the 8^qyreme Judicial Coxirt during the Year 
ending Jan. 15, 1890, and the Disposition thereof. 







OJ 


^ , 


^ 


«"« > 






^ 5 




o 


S o {£ 








B 5 


c 


.s toS 






t. S 


? S 


.^_, 




OFFENCES. 


c3 


"2 & 

•5 a 

CJ c 


•a o £ 


3 
■° -6 


eceived 
Last Sittl 
Court 
pending. 






- O 


a 


< 


=* 


Adulterated milk, sale of, 


1 




1 






Adultery, 


1 


1 


- 


- 


- 


Arson 


2 


1 


1 


- 


— 


Assault, 


1 


1 


- 


- 


_ 


Assault with dangerous weapon, 


2 


1 


- 


1 


- 


Breaking and entering. 


2 


2 


- 


- 


_ 


Breaking and entering in the night- 












time, 


1 


- 


- 


- 


1 


Burning a building, .... 


1 


1 


- 


- 


- 


Conspiracy, 


1 


_ 


1 


- 


- 


Cruelty to animals, .... 


2 


2 


- 


- 


- 


Destruction of a dam. 


1 


1 


- 


- 


- 


Drunkenness, 


1 


1 


- 


- 


_ 


Falsely assuming to be an officer, . 


1 


1 


- 


- 


- 


Forgery, 


1 


1 


- 


- 


- 


House of ill-fame, .... 


1 


1 


- 


- 


_ 


Illegal fishing, 


1 


- 


- 


- 


1 


Larceny, 


2 


2 


- 


- 


_ 


Larceny from the person. 


1 


- 


- 


- 


1 


Liquor, illegal keeping of. 


9 


8 


- 


- 


1 


Liquor, illegal sale of, . 


14 


S 


- 


2 


4 


Liquor nuisance 


J35 


22 


4 


4 


5 


Lottery, disposing of property by, . 


1 


1 


- 


- 


- 


Obstructing highway. 


1 


— 


1 


- 


— 


Obtaining goods under false pre- 












tences, ...... 


1 


1 


- 


_ 


— 


Oleomargarine, illegal sale of, 


2 


1 


- 


- 


1 


Receiving stolen goods, . 


2 


2 


- 


- 


- 


Robbery, 


1 


1 


- 


- 


- 


Running steamboat without license, 


1 


1 


- 


- 


- 


Sale of mortgaged property, . 


1 


1 


- 


- 


- 


Seduction, ...... 


1 


— 


— 


1 


_ 


Violation of municipal ordinance, . 


1 


1 


- 


- 


- 


Totals, 


93 


63 


8 


8 


14 



44 ATTORNEY-GENERAL'S REPORT. [Jan. 



CRIMINAL CASES. 



Barnstable County. 

Commonwealth vs. Benjamin Brown. S. J. C. Seduction. Ex- 
ceptions (to admission of evidence and rulings). Argued, 
but not yet decided. 

Commonwealth vs. James Keenan. S. J. C. Liquor nuisance. 
Exceptions (to admission of evidence and to rulings upon 
questions of agency). Pending. 

Commonwealth vs. Thomas McDermott. S. J. C. Liquor nui- 
sance. Exceptions (variance). Pending. 

Commonwealth vs. Arthur Manchester. S. J. C. Report. Men- 
haden fishery case. Pending. 

Commonwealth vs. Anthony M. Ellis and George F. Cash, 
S. J. C. Burning a building. Exceptions. , Overruled. 

Commonwealth vs. James Keenan. S. J. C. Liquor nuisance. 
Exceptions (to admission of evidence and to charge of pre- 
siding justice on being upon matters of fact) . Overruled. 

Berkshire County. 

Commonwealth vs. Henry Johnson et al. S. J. C. Larceny. 
Exceptions. Overruled. 

Commonwealth vs. Thomas Rivers and Louise Light. S. J. C. 
Murder of Joseph Simon Light, infant, by smothering. 
Trial, May 14 to 17. Defendants acquitted, at the sug- 
gestion of the Attorney-General. 



Bristol County. 

Commonwealth vs. Gibson Trimble. S. J. C. Liquor nuisance. 
Exceptions (to ruling as to a sale to an intoxicated person). 
Overruled. 

Commonwealth vs. Thomas H. Brennan. S. J. C. Illegal sale 
of intoxicating liquor. Exceptions (plea to jurisdiction). 
Overruled. 

Commonwealth vs. Charles L. Reed. S. J. C. Sale of mortgaged 
propert^^ Exceptions (to ruling). Overruled. 



1890.] PUBLIC DOCUMENT — No. 12. 45 

Commonwealth vs. Charles H. Elderkin and Caleb S. Miller. 
S. J. C. Receiving stolen goods. Exceptions (to joinder 
of defendants). Overruled. 

Commonwealth vs. Henry L. Rooks. S. J. C. Illegal sale of 
intoxicating liquor to a minor. Exceptions (to ruling). 
Overruled. 

Commonwealth vs. Thomas J. Clyues. S. J. C. Liquor nuisance. 
Exceptions (to ruling as to election as to tenement) . Over- 
ruled. 

Commonwealth vs. George Freelove and Barbara Freelove. 
S. J. C. Adultery. Exceptions (motion to quash ; indict- 
ment did not conclude contrary to form of statute, etc.). 
Overruled. 

Essex County. 

Commonwealth vs. Charles Cassidy. S. J. C. Liquor nuisance. 
Exceptions (to rulings). Overruled. 

Commonwealth vs. George W. Ham. S. J. C. Liquor nuisance. 
Exceptions (to evidence). Overruled. 

Commonwealth vs. James Morau. S. J. C. Breaking and enter- 
ing. Exceptions (motion to quash). Overruled. 

Commonwealth vs. Certain Intoxicating Liquors, Implements and 
Furniture, J. Lucy, Jr, claimaut. S. J.C. Liquor nuisance. 
Exceptions (constitutionality of cljapter 406, Acts of 1887). 
Overruled. 

Commonwealth 'ws. William Russell. S.J. C. Murder. Defend- 
ant committed to the Taunton Lunatic Asylum, to await 
further order of the court. Indictment to be filed. 



Franklin County. , 

Commonwealth vs. Donahue. S. J. C. Robbery. Exceptions 
(conviction of assault claimed only ; ruling of court that if 
defendant made an assault in an attempt to get his own 
money, it would be no justification). Sustained. 

Commonwealth vs. Lincoln Jay Randall. S. J. C. Murder of 
David Marcus Randall, by shooting. Pending. To be tried 
in February. 

Hampden County. 

Commonwealth vs. Boston and Albany Railroad Company. 8 . J. C. 
Report. Obstructing highway. Verdict set aside. 

Commonwealth vs. John Daly. S. J. C. Murder of Winslow M. 
Abbott, by shooting. Plea of guilty of murder in the second 
degree accepted. Defendant sentenced to State Prison for 
life. 



46 ATTORNEY-GENERAL'S REPORT. [Jan. 

Commonwealth us. Lizzie Brennan. S. J. C. Murder of Tliomas 
Brennan, by poisoning. Defendant since tlie commission of 
the crime liad been too ill to be tried, and died in jail, Jan. 3, 
1890. 

Commonwealth vs. H. H. Waters. S. J. C. Illegal sale of intox- 
icating liquor. Exceptions (motion in arrest of judgment). 



Pending. 



Hampshire County. 



Commonwealth vs. Harry H. King. S. J. C. Running a steam- 
boat without a license on the Connecticut River. Exceptions 
(to jurisdiction of court ; defendant claiming river within 
maritime jurisdiction of the United States). Overruled. 

Commonwealth vs. Intoxicating Liquors and Vessels, Matthew 
Skennedy, claimant. S. J. C. Liquor nuisance. Excep- 
tions (motion to quash). Overruled. 

Middlesex County. 

Commonwealth vs. Sarah J. Robinson, Charles C. Beers, Thomas 
R. Smith. Murder of William J. Robinson. Nol prossed as 
to Beers and Smith. Tried Dec. 12, 1887. Jury disagreed. 
Indictment filed. 

Commonwealth vs. Sarah J. Robinson. Murder of Oliver Sleeper. 
Indictment filed. 

Commonwealth vs. Sarah J. Robinson. Murder of Moses Robin- 
son. Indictment filed. 

Commonwealth vs. Sarah .J. Robinson. Murder of Thomas 
Arthur Freeman. Indictment filed. 

Commonwealth vs. Mortimer and Sarah A. Johnson. S. J. C. 
Murder. Mortimer escaped from prison, and is at large ; 
Sarah released on her own recognizance. Indictment filed. 

Commonwealth vs. Joseph Sullivan. Murder. Defendant in 
Taunton Lunatic Hospital. Indictment filed. 

Commonwealth vs. Annie Townes. S. J. C. Murder of Edward 
Townes by poisoning. Prisoner discharged on her own 
recognizance, February, 1888. Indictment filed. 

Commonwealth vs. Thomas H. Gavin. S. J. C. Liquor nui- 
sance. Exceptions (to ruling as to prima facie proof) . Over- 
ruled. 

Commonwealth vs. Michael Hart. S. J. C. Liquor nuisance. 
Exceptions (to ruling as to prior trial). Sustained. 

Commonwealth vs. Martin Moran. S. J. C. Illegal sale of intox- 
icating liquors. Exceptions (to ruling as to vote of Board 
of Aldermen to grant licenses). Overruled. 



1890.] PUBLIC DOCUMENT — No. 12. 47 

Commouweaitli vs. Patrick E. Teuney. S. J. C. Illegal keeping 
of intoxicating liqnors. Exceptions (to admission of evi- 
dence as to liquor found in a neighboring building) . Over- 
ruled. 

Commonwealth vs. Patrick Coleman. S. J. C. Liquor nuisance. 
Exceptions (to ruling as to sale by son with consent of 
father). Overruled. 

Commonwealth vs. Albert B. Morgan. S. J. C. Illegal sale of 
intoxicating liquor. Exceptions (as to burden of proof to 
show that mixture sold was intoxicating). Overruled. 

Commonwealth vs. John O'Donnell. S. J. C. Assault with a 
dangerous weapon. Exceptions (motion to dismiss). Argued, 
but not decided. 

Commonwealth vs. William McDonough. S. J. C. Liquor nui- 
sance. Exceptions (to ruling as to closing of shutters). 
Argued, but not decided. 

Commonwealth vs. Ebeuezer S. Sawtelle. S. J. C. Liquor nui- 
sance. Exceptions (to ruling as to painted glass windows). 
Argued, but not decided. 

Commonwealth vs. William T. Patten. S. J. C. Illegal keeping 
of intoxicating liquors. Exceptions (motion to quash). 
Overruled. 

Commonwealth vs. Luke Nally. S. J. C. Liquor nuisance. 
Exceptions (to evidence). Not yet heard. 

Commonwealth vs. Henry H. Oakes, Thomas Keane and Fred C. 
Newton. S. J. C. Illegal keeping of intoxicating liquors. 
Exceptions (to evidence). Not yet heard. 

Commonwealth vs. James Vahey. S. J. C. Liquor nuisance. 
Exceptions (to evidence) . Not yet heard. 

Commonwealth vs. Bridget Eagan. S. J. C. Liquor nuisance. 
Exceptions (to evidence) . Not yet heard. 

Commonwealth vs. Jeremiah Meane3^ S. J. C. Liquor nuisance. 
Exceptions (to evidence) . Not yet heard. 

Nantucket County. 

Commonwealth vs. Brown. S. J. C. Forgery. Exceptions 
(motion in arrest of judgment; question of jurisdiction). 
Overruled. 

Norfolk County. 

Commonwealth vs. Celia Hallman. S. J. C. Liquor nuisance. 
Exceptions (to evidence of conversation). Overruled. 



48 ATTORNEY-GENERAL'S REPORT. [Jan. 

Commonwealth vs. James McPharlan. S. J. C. Conspiracy. 
Exceptions (to ruling as to what constitutes). Sustained. 

Commonwealth vs. John F. Kiley. S. J. C. Liquor nuisance. 
Report ; question as to time of conviction. Verdict set aside. 

Commonwealth vs. Willard H. Brockway. S. J. C. Disposing 
of property by lottery. Exceptions (to ruling as to owner- 
ship). Overruled. 

Commonwealth vs. John Hayes. S. J. C. Liquor nuisance. 
Exceptions (to evidence of sale to minor). Sustained. 

Commonwealth vs. Joseph F. Bearce. S. J. C. Liquor nuisance. 
Exceptions (to evidence of revocation of license) . Overruled. 

Commonwealth vs. Patrick Fay. S. J. C. Illegal sale of intox- 
icating liquor. Exceptions (to right of standing justice to 
hear case). Argued, not yet decided. 

Commonwealth vs. George M. Curry. S. J. C. Cruelty to an 
animal. Exceptions (to ruling as to what constituted cruelty) . 

Commonwealth vs. Lorenzo T. Brown. S. J. C. Liquor nuisance. 
Exceptions (to instructions as to good faith in sale of liquor 
by druggists on certificate). Overruled. 

Commonwealth vs. John W. Bryan. S. J. C. Liquor nuisance. 
Exceptions (to refusal to rule evidence insufficient). Over- 
ruled. 

Commonwealth vs. James Hayes. S. J. C. Liquor nuisance. 
Report ; question as to application of chapter 340 of the Acts 
of 1888. Judgment on the verdict. 

Commonwealth vs. James T. Powerly. S. J. C. Liquor nuisance. 
Exceptions (as to admission of evidence). Overruled. 

Commonwealth vs. Walter H. Pray. Murder of Verner M. Fisher. 
Indictment found December 5. Pending. 

Commonwealth -ys. Walter Hayden. S.J. C. Arson. Exceptions 
(to ownership of building). Sustained. 

Commonwealth -us. James Quinn, S.J. C. Arson. Exceptions 
(to rulings and evidence). Overruled. 

Commonwealth -us. Downing, appellant. S. J. C. Special plead- 
ings. Drunkenness. Defendant brought in from county jail 
on writ of habeas corpus to argue his own case. Prisoner 
remanded. 

Commonwealth t's. Downing, appellant. S. J. C. Special plead- 
ings. Simple assault. Same as above. 



1890.] PUBLIC DOCUMENT — No. 12. 49 

Petition to prove exceptions, George E. Curry. Petition dis- 
missed. Insufficient affidavit to same. 

Coramonwealtli vs. Saladin Cook. S..J. C. Murder of Dennis 
Ryan, by shooting. Pending. 

Commonwealtli vs. Dennis Carney. S. J. C. Murder. Com- 
mitted to Taunton Lunatic Hospital ; subsequently trans- 
ferred to Stoughton Almshouse. Indictment filed. 

Commonwealth vs. David Scanuel. S. J. C. Murder. Com- 
mitted to Taunton Lunatic Hospital. Indictment filed. 

Commonwealth vs. Emery William Shaw. S. J. C. Murder. 
Prisoner discharged on his own recognizance. Indictment 
filed. 

Commonwealth vs. William A. Lyons. S. J. C. Murder. Pris- 
oner discharged on his own recognizance. Indictment filed. 



Plymouth County. 

Commonwealth vs. Julia Sullivan. S. J. C. Illegal sale of intox- 
icating liquors. Exceptions (autrefois acquit) . Argued, not 
yet decided. 

Commonwealth vs. .John Kane. S. J. C. Liquor nuisance. 
Exceptions (to rulings). Argued, not yet decided. 

Commonwealth vs. Peter Murphy. S. J. C. Liquor nuisance. 
Exceptions (to rulings). Overruled. 

Commonwealth vs. Lewis S. M. Glidden. S. J. C. Liquor nui- 
sance. Exceptions. Overruled. 

Commonwealth vs. Jeremiah F. Murphy. S. J. C. Falsely 
assuming to be an officer. Exceptions. Overruled. 

Commonwealth vs. Henry Tolmau. S. J. C. Report. Destruc- 
tion of a dam by the use of dynamite. Judgment for the 
Commonwealth. 



Suffolk County. 

Commonwealth t;s. Julius S. Smith. S. J. C. Sale of milk not 
of standard quality. Exceptions (to refusal of presiding 
justice to give rulings to questions). Sustained. 

Commonwealth vs. Thomas Brenuan. S. J. C. Murder. Defend- 
ant escaped from Taunton Lunatic Hospital, 1880, and his 
whereabouts is not known. Indictment to be filed. 



50 ATTORNEY-GENERAL'S REPORT. [Jan. 

Commonwealth vs. Phillip Maizj'uski. S. J. C. Keeping open 
shop on the Lord's Day for the sale of tobacco. P^xceptions 
(to nile that tobacco was a drug). Overruled. 

Commonwealth vs. Robert H. Shea. S. J. C. Liquor nuisance. 
Iilxceptions. Overruled. 

Commonwealth vs. James Lowery. 8. J. C. Breaking and enter- 
ing. Exceptions (misjoinder of offences) . Overruled. 

Commonwealth vs. John Maloney. S. J. C. Larceny. Excep- 
tions (to instructions). Overruled. 

Commonwealth vs. Leonard D. Drury. S. J. C. Assault and 
batterv with a dangerous weapon. Exceptions (to rulings). 
Overruled. 

Commonwealth vs. William Hennessey, alias William Hensy. 
Murder of Catherine Hennessey, by beating. Pending. 

Commonwealth's. James T. Lee. S. J. C. Obtaining goods by 
false pretences. Exceptions (to instructions on question of 
mortgage). Overruled. 

Commonwealth vs. Henry P. Line. S. J. C. Liquor nuisance. 
Exceptions (to admission of record of prior .conviction). 
Overruled. 

Commonwealth vs. Joseph L. Gray. S. J. C. Illegal sale of 
oleomargarine. P^xceptions (to ruling as to question of 
agency) . Overruled. 

Commonwealth vs. Simon Rankin. S. J. C. Liquor nuisance. 
Exceptions (to ruling as to what constituted club house). 
Overruled. 

Commonwealth vs. Catherine Hallisey. S. J. C. Illegal sale of 
intoxicating liquors. Exceptions. Overruled. 

Commonwealth vs. Patrick Mullen. S. J. C. Receiving stolen 
goods. Exceptions (to evidence and rulings). Overruled. 

Commonwealth 'y.s. Simon S. Rankin. S. J. C. Liquor nuisance. 
Exceptions (to ruling upon question of clubhouse). Over- 
ruled. 

Commonwealth vs. Maria DeLodge. S. J. C. Illegal sale of 
intoxicating liquors. Exceptions. Overruled. 

Commonwealth vs. Margaret Shea. S. J. C. House of ill-fame. 
Exceptions (motion to quash). Overruled. 



1890.] PUBLIC DOCUMENT — No. 12. 51 

Cominouwealth vs. Rachael Abrams. 8. J. C. Illegal sale of 
intoxicating liquors. Exceptions (to ruling that exchange 
constituted sale). Overruled. 

Commonwealth vs. Arthur E. Root. S. J. C. Illegal sale of 
oleomargarine. Exceptions (to instructions). Not yet 
heard. 

Commonwealth vs. Charles Wilson. S. J. C. Breaking and 
entering in the night time. Exceptions (to ruling). Not 
yet heard. 

Commonwealth vs. Fanny AUman and Stephen Wood. S. J. C. 
Illegal sale of intoxicating liquor. Exceptions (to joinder 
of defendants). Not yet heard. 

Commonwealth vs. David Murray. S. J. C. Larceny from the 
person. Exceptions (motion to quash). Not yet heard. 

Commonwealth vs. Annie Ducey. S. J. C. Illegal sale of intox- 
icating liquors. Exceptions (to rulings). Not yet heard. 

Commonwealth vs. Dennis J. Bowen. S. J. C. Illegal sale of 
intoxicating liquors. Exceptions (to rulings). Not yet 
heard. 



Worcester County. 

Commonwealth vs. Peter Germain. 8. J. C. Illegal sale of 
intoxicating liquor. Exce[)tions (to sufficiency of evidence). 
Overruled. 

Commonwealth vs. Mary Neylon. 8. J. C. Illegal keeping of 
intoxicating liquor. Exceptions (to evidence). Overruled. 

Commonwealth vs. Catherine McCormick. S. J. C. Illegal 
keeping of intoxicating liquor. Exceptions (to ruling upon 
sufficiency of license) . Overruled. 

Commonwealth vs. Peter Cauley., 8. J. C. Illegal keeping of 
intoxicating liquor. Exceptions (to ruling upon sufficiency 
of license). Overruled. 

Commonwealth vs. Intoxicating Liquors, Patrick Gillon, claimant. 
8. J. C. Liquor nuisance. Exceptions (to refusal to rule 
as to claimant's rights under mortgage). Overruled. 

Commonwealth vs. James Igoe. S. J. C. Illegal keeping of 
intoxicating liquor. Exceptions (to ruling upon sufficiency 
of license). Overruled. 



52 ATTORNEY-GENERAL'S REPORT. [Jan. 

Commonwealth vs. John L. Keefe. S. J. C. Illegal keeping of 
intoxicating liquor. Exceptions (to ruling upon sufficiency 
of license; no rooms specified). Overruled. 

Commonwealth us. John Stratton. S. J. C. Liquor nuisance. 
Exceptions (to sufficiency of license). Sustained. 

Commonwealth vs. Mark Tiernan. S. J. C. Illegal keeping of 
intoxicating liquor. P^xceptions (to ruling as to license being 
void because of conviction of defendant). Overruled. 

Commonwealth vs. Charles W. Cobleigh. 8. J. C. Murder. 
Sent to insane hospital to await further action of the court, 
and subsequently transferred by Board of Lunacy and Charity 
to Bridgewater State Farm. Indictment to be filed. 

Commonwealth vs. Dixon R. Cowie and Thomas B. McQuaid. 
S. J. C. Murder of Lilla A. Hoyle. Prisoners discharged 
on their own recognizance. Indictment filed. 

Commonwealth vs. Michael Mahoney, alias Michael Whyte, alias 
Michael J. Wyte. S. J. C. Murder of Frank F. Spencer. 
Defendant pleaded guilty to murder in the second degree, and 
was sentenced to State Prison for life. 



1890.] PUBLIC DOCUMENT — No. 12. 53 



KEQUISITION PAPERS. 



Sent to this Department by His Excellency the Governor for Exami- 
nation and Report thereon. 

Jan. 4. On tlie governor of New York, for Lewis J. Ramos, 
for the crime of rape. Papers incomplete. 

Jan. 7. Same case. Papers still incomplete. 

Jan. 8. Same case. Advised to issue. 

Jan. 8. On the governor of Colorado, for Harry G. Stickney, 
alias Harry Gardner, for the crime of larceny. 
Advised to issue. 

Jan. 9. On the governor of New York, for William S. Rey- 
nolds, alias William Raymond, and Williams Ed- 
mond, James Minchin, for the crime of obtaining 
money by trick at cards and larceny. 

Jan. lU. On the governor of Pennsylvania, for Harry Taylor, 
for the crime of manslaughter. Advised not to issue. 

Jan. 21. Same case. Advised to issue. 

Jan. 23. From the governor of New Hampshire, for Stephen 
xF. Brown, for the crime of entering a dwelling and 
committing an assault and battery upon an inmate 
thereof. Advised to issue. 

Jan. 23. On the governor of New York, for John Quackenbush, 
for the crime of larceny from the person. Advised 
to issue, having advised officer as to the necessary 
papers (on the day before). 

Jan. 30. From the governor of South Carolina, for H, Lee 
Minor, for the crime of assault and battery with 
intent to kill ; carrying concealed weapons. Ad- 
vised not to issue, there being no copy of the 
indictment. 

Feb. 2. Same case. Advised to issue. 



54 ATTORNEY-GENERAL'S REPORT. [Jan. 

Feb. 5. On the governor of New York, for Walter F. Tobey, 
for tlie crime of larceny. Advised to issue. 

Feb. 11. On the governor of Pennsylvania, for Robert F. 
Davis, for the crime of concealing mortgaged per- 
sonal property. Advised to issue, the papers hav- 
ing been amended. 

Feb. 26. On the governor of Ohio, for George E. C. Thornton, 
for the crime of obtaining money under false pre- 
tences. Advised to issue. 

March 11. From the governor of New Hampshire, for Ambrose 
Foisy, Daniel F. Hanlon and Jose[)h Moynehan, 
for the crime of promoting a set exhibition of the 
fighting of dogs. 

March 12. On the governor of Rhode Island, for John Doyle> 
alias John Hilton, for the crime of larceny- 
Advised to issue. 

March 13. On the governor of Nevv York, for Samuel Chamber- 
lain Vining, for the crime of larceny. Advised to 
issue. 

March 25. On the governor of New York, for Thomas Canarty, 
for the crime of assault and battery with a danger- 
ous weapon. Papers held for amendment. 

March '2G. Same case. Advised to issue. 

April* 10. On the governor of New York, for George H. Morse, 
for the crime of embezzlement. Advised to issue. 

April 26. From the governor of New Jersey, for Richard Ross, 
for the crime of larceny from the person. Advised 
to issue. 

May 4. On the governor of New Hampshire, for Christopher 
Carter, for the crime of larceny. Advised to issue. 

May 6. From the governor of Illinois, for C. W. Mills, for 
the crime of larceny. No indictment. Advised 
not to issue. 

June 29. From the governor of California, for John B. Kenney, 
alias F. M. Dobe, J. B. Casey, for the crime of 
forgery. Advised to issue. 

July 8. From the governor of Vermont, for George W. 
Parker, for the crime of adultery. Advised to 

issue. 



1890.] PUBLIC DOCUMENT — No. 12. 55 

July 12. On the governor of New Hampshire, for C4eorge E. 
Essex and Eugene Kelly, for the crime of larceny. 
Advised to issue. 

July 12. On the governor of New York, for Charles Randall, 
for the crime of breaking and entering in the night 
time, with intent to commit larceny. Advised to 
issue. 

July 17. On the governor of Connecticut, for George T. Bost- 
wick, for the crime of keeping and maintaining a 
liquor nuisance. Advised to issue. 

July 17. On the governor of New York, for John H. Heaphy, 
for the crime of keeping and maintaining a liquor 
nuisance. Advised to issue. 

July 24. On the governor of New Hampshire, for James Har- 
ris, for the crime of larceny from the person. 
Advised to issue. 

July 22. On the governor of New York, for Joseph Fowler, 
for the crime of larceny. Advised to issue. 

July 30. On the governor of New York, for Evan T. Reed, 
alias Edward Dunn, for the crime of breaking and 
entering, and larceny. Advised to issue. 

Aug. 6. On the governor of New York, for John Eli Irving, 
for the crime of larceny. Advised to issue. 

Sept. '3. From the governor of New Hampshire, for James 
Lamaux, for the crime of larceny. Advised to 
issue. 

Sept. 11. On the governor of New Y'ork, for John R. Cum- 
mings, for the crime of forgery. Advised to issue. 

Sept. 18. On the governor of New Y'ork, for Harvey T. Stan- 
ley, for the crime of selling mortgaged property. 
Advised to issue. 

Oct. 3. On the governor of New York, for John Booth, for 
the crime of rape. Advised to issue, after amend- 
ment. 

Oct. 8. On the governor of New York, for Janaes Morgan, 
alias Shang Campbell, for the crime of larceny. 
Advised to issue, after amendment. 

Oct. 8. On the governor of New York, for Joseph Shimberg, 
for the crime of larceny. Advised to issue. 



56 ATTORNF.Y-GENERAL'S REPOET. [Jan. 

Oct. 21. On the governor of Missouri, for George A. Seelar, 
for the crime of larceny. Advised to issue. 

Oct. 31. On the governor of Rhode Island, for Thomas Fred- 
ette, for the crime of breaking and entering in the 
night time, and larceny. Advised to issue. 

Dec. 5. On the governor of New York, for William Taylor, 
for the crime of larceny from a building. 

Dec. 6. From the governor of New York, for Henry A. Sar- 
geant, for the crime of larceny. Advised to issue. 

Dec. 10. On the governol' of New York, for William Taylor, 
for the crime of larceny from a building. Advised 
to issue. 

Dec. 12. On the governor of New Hampshire, for Edward M. 
Steuyan, for the crime of criminal libel. Advised 
not to issue ; defendant not a fugitive from justice. 

Dec. From the governor of Kansas, for Martin Glenn and 

Catherine Green, for the crime of forger}^ 

Dec. 20. On the governor of New York, for Max Hesty, for 
the crime of larceny. Advised to issue. 



1890.] PUBLIC DOCUMENT — Xo. 12. 57 



CASES. 



Requiring the Attorney-GeneraV s Supervision, though not conducted 

by him, 

Attorney-General ex rel. vs. James 0. Parker. S. J. C. Trust. 
Pending. 

Attorney-General ex rel. vs. William B. Washburn et al. Chari- 
table trust. 

The Attorney-General ex rel. Hawes Place Congregational Church 
and the Second Hawes Congregational Society vs. Trustees of 
the Hawes Fund of Boston. S. J. C. Not yet heard. 

West Parish in Barnstable et al. vs. the Inhabitants of the Town 
of Barnstable e^a^. and Attorney-General. S. J. C. Execu- 
tion of school trust. Pending. 

Attorney-General ex rel. Samuel Patch and William Guinan vs. 
Henry P. Sherman and Henry W. Howe, Commissioners of 
Public Buildings. Quo tvarranto to try title. Pending. 

Francis J. Stratton et cd. vs. the Attorney-General. S. J. C. 
Charitable trust. Pending. 

George White, Executor, vs. City of Boston et al. Pending. 

In re Estate of William Hale. Probate court. Claim of next of 
kin. Pending. 

In re the Society for Promoting Christian Knowledge. Petition 
for transfer of funds. Pending. 

In re Sarah C. Bent. Petition for interpretation of will of Sarah 
T. Chaplin. Pending. 

The Attorney-General ex rel. Charles L. Ayer et al. vs. the Fisk- 
dale Mills. Information for injunction to prevent drawing 
water from Alum Pond. 



58 ATTORNEY-GENERAL'S REPORT. [Jan.'90. 

Trustees of William Appleton estate. Probate court. Petition 
for instructions as to will ; change in investment of funds. 

Petition of John J. Williams for leave to sell real estate in Lowell, 
Middlesex, S. J. C. Service accepted. Pending. 

The Attorney-General ex rel. the Inhabitants of the Town of 
Ipswich vs. the Inhabitants of the Town of Essex. Infor- 
mation for an injunction restraining the digging of clams. 
Pending. 

The Attorney-G-eneral vs. the Proprietors of Rowe's Wharf. 
S. J. C. Information for an injunction. Injunction pendente 
lite granted. Pending. 

The Attorney-General vs. the Day Cordage Company. Informa- 
tion for an injunction. Pending. 

The Attorney-General by information vs. the Inhabitants of Clin- 
ton. Public nuisance. Pending. 

A. W. Greenleaf vs. Attorney-General. Construction of will. 
Brief filed. Decree entered sustaining trust. 

Petition of T. H. Tyndale, public administrator, to sell land of 
Mary Cassiday (no heirs) . Attorney-General files consent. 

Commonwealth to the use of Ezra Farnsworth vs. Daniel LeBet- 
ter. Proceedings under Public Statutes, chapter 72, section 
3. Upon examination, no action by Attorney-General 
adeemed necessary. 






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