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PUBLIC   DOCUMENT.  No.  12. 


ANNUAL   REPORT 


ATTORNEY- GEN  EEAL  ^ 


YEAR   COMMENCING   FROM   THE   THIRD  WEDNESDAY 

OF    JANUARY,    1890,    AND    ENDING    WITH    THE 

THIRD  WEDNESDAY  OF  JANUARY,  1891. 

I. 


BOSTON : 
WRIGHT   &    POTTER   PRINTING   CO.,   STATE    PRIN 
18  Post  Office  Square. 
1891. 


4 


dToinmonfocalt^  0f  Utassatlwtsitts. 


Attorney-General's  Department,  Commonwealth  Building, 

Boston,  Jan.  21,  1891. 

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

Sir  :  —  I  have  the  honor  to  submit  to  the  General  Court 
the  report  of  this  department,  herewith  enclosed,  for  the 
year  commencing  from  the  third  Wednesday  of  January, 
1890,  and  ending  with  the  third  Wednesday  of  January, 
1891. 

Very  respectfully, 

A.  J.  WATERMAN, 

Attorney-  General. 


Commontaca;It!)  of  ^msuthnBtttB. 


Attorney-General's  Department,  Commonwealth  Building, 

Boston,  Jan.  21,  1891. 

To  the  Honorable  Speaker  of  the  House  of  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  744.  The  following  table  is  a  classifi- 
cation thereof: — 


1889. 

1890. 

Indictments  for  murder, 

Exceptions  and  reports  in  criminal  cases,  . 
Information  upon  relation  of  public  officers. 
Information  upon  relation  of  private  persons,  . 

Miscellaneous,  and  civil  proceedings,          .        .         } 
Total, 

23 

93 
409 
22 
80 
29 

656 

11 

100 

447 

15 

744 

At  the  time  of  rendering  my  last  report  (Jan.  15,  1890), 
there  were  pending  indictments  for  murder,  to  wit :  — 

One  against  Lincoln  J.  Randall,  in  Franklin  County, 
for  the  murder  of  his  father,  David  Marcus  Randall.  This 
defendant  was  tried  at  Greenfield  last  February,  Justices 
Charles  Allen  and  Knowlton  of  the  supreme  judicial  court 
presiding  at  the  trial,  and  he  was  acquitted.  I  was  ably 
assisted  in  the  trial  by  Hon.  J.  A.  Aiken,  the  district  attor- 
ney for  the  north-western  district,  and  am  indebted  to  Hon. 
D.  W.  Bond,  the  ex-district  attorney,  for  his  valuable  aid 
and  advice  in  the  preparation  and  conduct  of  the  case,  ren- 
dered without  compensation. 


6  ATTORNEY- GENERAL'S   REPORT.         [Jan. 

Saladin  Cook  of  Wrcntham,  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.  On 
Jan.  18,  1890,  after  counsel  had  been  assigned  for  the 
defendant,  upon  suggestion  that  he  was  insane,  and  incapa- 
ble in  law  of  being  tried,  at  Dedham  a  hearing  and  inquiry 
was  had  before  Mr.  Justice  Field  of  the  supreme  judicial 
court,  as  to  the  mental  condition  of  the  defendant ;  and, 
after  hearing  divers  witnesses,  some  of  whom  were  experts 
upon  the  questions  considered,  the  said  Cook  was  adjudged 
to  be  an  insane  person,  and  was  ordered  to  be  committed  to 
the  Taunton  Lunatic  Hospital  till  further  order  of  court,  and 
he  was  so  committed.  He  has  since  been  transferred  to  the 
State  Farm  at  Bridgewater,  by  order  of  the  State  Board  of 
Lunacy  and  Charity,  under  the  statute  authorizing  the  same 
in  such  cases. 

William  Hennessey  of  Boston,  in  Suffolk  County,  was 
indicted  for  the  murder  of  Catherine  Hennessey,  Sept.  29, 
1889,  by  kicking  and  beating.  This  indictment  was  found 
and  returned  into  the  superior  court  in  Boston,  November  6, 
and  a  copy  thereof  was  received  by  me  Nov.  13,  1S89. 
Upon  examination  of  the  case  and  the  evidence  appliable 
thereto,  and  after  consultation  with  the  Hon.  Oliver  Stevens, 
district  attorney  for  Suffolk  County,  I  was  of  the  opinion, 
in  Avhich  the  district  attorney  concurred,  that  the  defendant 
was  only  guilty  of  manslaughter;  and  the  defendant  was 
indicted  for  that  offence,  and  tried  and  convicted  and  sen- 
tenced in  the  superior  court  for  Suffolk  County.  I  after- 
wards entered  a  nolle  prosequi  of  the  indictment  for  murder. 

Walter  H.  Pray  of  .Weymouth,  in  Norfolk  County, 
was  indicted  Dec.  5,  1889,  for  the  murder  at  said  AVey- 
raouth,  on  November  21,  1889,  of  Varner  U.  Fisher,  and  a 
copy  of  the  indictment  was  received  at  the  Attorney- 
General's  office,  Jan.  10,  1890.  After  counsel  had  l)een 
assigned  for  the  defendant,  upon  suggestion  of  his  counsel 
before  Mr.  Justice  Devens  of  the  supreme  judicial  court,  on 
February  18,  1890,  a  hearing  and  inquiry  as  to  the  mental 
condition    of  the    defendant  was   had ;    and,    after   hearing 


1891.]  PUBLIC   DOCUMENT— No.  12.  7 

divers  witnesses,  some  of  whom  were  experts  upon  questions 
of  insanity,  it  was  adjudged  by  the  court  tliat  the  defendant 
was  an  insane  person,  and  he  was  ordered  committed  to  the 
Taunton  Lunatic  Hospital  till  further  order  of  court,  and 
was  so  committed.  He  has  since  been  transferred  to  the 
State  Farm  at  Bridgewater,  b}^  order  of  the  State  Board  of 
Lunacy  and  Charity,  under  the  statute  in  such  case 
provided. 

Since  my  last  report,  the  following-named  persons  have 
been  indicted  for  murder,  and  copies  of  the  indictments  have 
been  received  by  me,  and  the  cases  have  been  disposed  of 
as  follows,  to  wit :  — 

Thomas  J.  Dempsey  of  Bradford,  in  Essex  County,  was 
indicted  Feb.  3,  1890,  for  the  murder  of  Clarence  J.  Willey, 
at  said  Bradford,  on  Oct.  25,  1889.  A  copy  of  the  indict- 
ment was  received  at  the  Attorney-General's  office  Fel:».  7, 
1890.  After  the  court  had  assigned  John  P.  Sweeney,  Esq., 
and  John  J.  Winn,  Esq.,  attorneys-at-law,  to  be  counsel  for 
the  defendant,  and  after  due  consultations  held,  the  defend- 
ant, at  Salem,  March  22,  1890,  was  set  to  the  bar  and 
arraigned,  and  pleaded  guilty  to  murder  in  the  second 
degree,  which  was  accepted  by  the  Commonwealth  ;  and 
thereupon  the  defendant  —  Mr.  Justice  Devens  presiding  — 
was  sentenced  to  imprisonment  in  the  State  Prison  for  life. 

Charles  C.  Cowlishaw  of  Boston,  in  Suflblk  County, 
was  indicted  April  14,  1890,  for  the  murder  of  Elizabeth 
M.  Cowlishaw,  his  wife,  at  said  Boston,  on  March  26,  1890, 
and  a  copy  of  the  indictment  was  received  at  the  Attorney- 
General's  office  April  19,  1890.  On  Oct.  25,  1890,  Mr. 
Justice  Holmes  of  the  supreme  judicial  court  presiding,  the 
defendant  was  arraigned,  and  pleaded  not  guilty.  S.  J. 
Elder,  Esq.,  and  K.  W.  Shea,  Esq.,  attorneys-at-law,  were 
assigned  as  his  counsel;  and  on  Nov.  7,  1890,  after  consul- 
tations in  court  at  Boston,  Mr.  Justice  Charles  Allen  of  the 
supreme  judicial  court  presiding,  the  defendant  at  his  own 
request  was  allowed  to  retract  his  former  plea,  and  he  then 
pleaded  guilty  to  murder  in  the  second  degree,  which  plea  was 
accepted  by  the  Commonwealth,  and  the  defendant  there- 
upon was  sentenced  to  imprisonment  in  the  State  Prison  for 
life. 


8  ATTORNEY- GENERAL'S   REPORT.        [Jan. 

llNDISrOSED-OF    MUKDEK    INDICTMENTS. 

The  following-named  of  the  indictments  for  murder  which 
have  been  received  since  my  last  annual  report,  are  the  only 
ones  not  yet  disposed  of,  the  prisoners  being  held  in  jail,  to 
wit :  — 

John  Bessette  of  Ludlow,  in  Hampden  County,  was 
indicted  May  8,  1890,  for  the  murder  of  his  wife,  Sophia 
Bessette,  at  Ludlow,  on  Dec.  26,  1889,  and  a  copy  of  the 
indictment  was  received  at  the  Attorney-General's  office 
May  9,  1890.  After  an  ineffectual  effort,  made  May  20, 
1890,  to  have  counsel  assigned  for  the  defendant,  by  desire 
of  the  defendant,  the  matter  was  postponed  until  Dec.  1, 
1890,  at  Springfield,  when,  Mr.  Justice  Kno'wlton  of  the 
supreme  judicial  court  presiding,  William  H.  Brooks,  Esq., 
and  William  Hamilton,  Esq.,  attorneys-at-law,  were  assigned 
to  be  counsel  for  the  defendant.  The  defendant  was  then 
arraigned  and  pleaded  not  guilty,  since  which  nothing  fur- 
ther has  been  done  in  the  case,  the  defendant  remaining  in 
jail  at  Springfield. 

Edward  F.  Costello  of  Palmer,  in  Hampden  County, 
Sept.  24,  1890,  for  the  murder  of  his  child,  AVilliam  A. 
Costello,  at  Palmer,  on  June  11,  1890.  A  copy  of  the 
indictment  was  received  at  the  Attorney-General's  office 
Sept.  27,  1890.  At  Springfield,  Dec.  1,  1890,  Mr.  Justice 
Knowlton  presiding,  F.  W.  Gillette,  Esq.,  and  C.  H.  Bar- 
rows, Esq.,  attorneys-at-law,  were  assigned  to  be  counsel  for 
the  defendant  and  he  was  then  arraigned  and  pleaded  not 
guilty,  since  which  nothing  further  has  been  done  in  the 
case,  the  defendant  remaining  in  jail  at  Springfield. 

Benjamin  F.  Taylor  of  Boston,  Suffolk  County,  was 
indicted  Dec.  8,  1890,  for  the  nmrder  of  Wilder  F.  Hutcli- 
ings,  at  Boston,  on  Nov.  14,  1890.  A  copy  of  the  indict- 
ment was  received  at  the  Attorney-General's  office  Dec.  10, 
1890,  and  nothing  has  yet  been  done  in  the  case,  the 
defendant  being  held  in  jail  at  Boston. 

Daniel  H.  Wilson  of  Boston,  Suffolk  County,  was 
indicted  Dec.  8,  1890,  for  the  murder  of  Annie  C.  Wilson, 
alias  Annie  C.  Noyes,  at  Boston,  Oct.  18,  1890.     A  copy 


181)1.]  PUBLIC   DOCUMENT  — No.  12.  9 

of  the  indictment  was  received  at  the  Attorney-General's 
office  Dec.  10,  1890,  and  nothing  has  yet  been  done  in  the 
case,  the  defendant  being  held  in  jail  in  Boston. 

Jonathan  Brigham  Davis  of  Enfield,  in  Hampshire 
County,  was  indicted  Dec.  19,  1890,  for  the  murder  of  Eva 
Mabel  Holden,  at  Amherst,  on  Sept.  20,  1890.  A  copy  of 
the  indictment  was  received  at  the  Attorney-General's  office 
Dec.  28,  1890,  and  nothing  has  yet  been  done  in  the  case, 
the  defendant  l)eing  held  in  jail  at  Northampton. 

Capital  Trials.  —  I  would  again  respectfully  call  the 
attention  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  justices  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  Com3ion wealth. 

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

•  William  Washburn  vs.  The  Commonwealth,  com- 
menced Dec.  10,  1887,  noticed  in  my  last  report,  involving 
the  right  of  the  plaintifi*  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  appropriation  of  one  thousand 
and  fifty  dollars  was  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.  The 
claimant  does  not  accept  the  same,  and  seeks  equitable  relief 
in  his  present  proceeding.  The  case  is  still  pending  in  the 
superior  court  in  Suffolk  County. 


10  ATTORNEY-GENERAL'S   REPORT.         [Jan. 

The  Muudock  Parlor  Gratk  Company  ?;.s.  The  Com- 
monwealth. This  case  involved  the  chiim  for  damages  to 
building  No.  20  Beacon  Street,  a  portion  of  which  was 
leased  to  the  State  and  occupied  by  the  Bureau  of  Statistics. 
It  was  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  was  tried,  and 
reported  to  the  supreme  judicial  court  on  questions  of  law, 
and  has  been  decided  in  favor  of  the  Commonwealth. 

James  Adams  vs.  The  Commonwealth.  This  is  a  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,  and  is  still  pending  in  the  superior  court  in 
Suffolk  County. 

Martin  Wesson  vs.  The  Commonwealth.  This  was 
an  action  on  a  claim  which  has  heretofore  bfeen  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  AVestborough. 
The  amount  claimed  was  $5,188.48.  The  case  has  been 
heard  in  the  superior  court,  and  a  decision  has  been  rendered 
in  favor  of  the  Commonwealth. 


Tax    Suits   Against   The    Western    Union    Telegraph 
Company.  g 

The  case  of  the  Attorney-General  ex  rel.  of  the  Treasurer 
of  the  Commonwealth  vs.  The  Western  Union  Tele- 
graph Company,  involving  the  tax  for  the  year  1885,  Avhich 
in  the  last  report  of  this  department  was  noticed  as  having 
been  appealed  by  the  defendant  to  the  supreme  court  of  the 
United  States,  was  advanced  on  the  docket  and  heard,  and 
has  been  brought  to  a  substantial  termination  after  a  full 
hearing  of  the  case  by  said  court;  and  the  tax,  namely, 
$10,618.46,  with  the  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 


1891.]  PUBLIC   DOCUMENT  — No.  12.  11 

undetermined  in  this  suit  a  question  of  interest,  involving 
several  hundred  dollars.  Interest  was  allowed  by  the  circuit 
court  at  the  rate  of  12  per  cent.,  only  up  to  the  date  of  the 
first  decree  of  that  court.  I  have  contended  that  the  Com- 
monwealth is  entitled  to  interest  at  that  rate  up  to  the  date 
of  the  final  decree  made  after  the  mandate  was  received  from 
the  supreme  court  of  the  United  States,  on  the  ground  that 
until  that  time  the  matter  was  not  finally  adjudicated.  This 
question  is  now  being  contested  before  the  supreme  court  of 
the  United  States,  and  the  case  has  been  recently  argued, 
and  a  decision  may  be  expected  soon. 

Four  other  suits  against  the  same  company,  to  recover 
taxes  assessed  for  the  years  1886,  1887,  1888  and  1889, 
were  brought  by  this  department  in  our  supreme  judicial 
court,  and  have  all  been  removed  by  the  defendant  into  the 
circuit  court  of  the  United  States  for  the  district  of  Massa- 
chusetts ;  and  those  for  the  years  1886,  1887  and  1888  have 
been  tried,  and  judgments  therein  have  been  rendered  in 
favor  of  the  Commonwealth,  and  on  the  defendant's  appeal 
they  are  now  pending  in  the  supreme  court  of  the  United 
States,  and  have  been  recently  argued,  and  decisions  therein 
are  expected  to  be  rendered  very  soon.  In  these  cases  new 
evidence  has  been  oftered,  upon  which  it  is  sought  to  raise 
new  questions  of  law  as  to  the  validity  of  the  assessment. 
The  suit  for  the  taxes  of  1889  has  not  yet  been  tried  in  the 
circuit  court. 

The  preparation  of  these  cases  has  developed  a  mani- 
fest defect  in  the  tax  law  as  it  has  been  construed  ;  and 
I  respectfully  call  your  attention  to  chapter  13,  section  40, 
of  the  Public  Statutes,  which  provides  that  telegraph  com- 
panies 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 
proportion,  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  mileage  of  line  or  posts, 
while  she  has  fully  one  forty-third  part  of  the  total  milea{ie 


12  ATTOKNKV- GENERAL'S    KEPOKT.         [Jan. 

oficire.  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.  1 
respectfully  call  your  attention  to  the  subject. 


Reco.aimendation    to    Tax     Savings    Banks'    GuARAXxr 
Fund  and  Undivided  Profits. 

In  the  recent  suit  of  the  Suffolk  Savings  Bank  vs.  The 
Commonwealth,  reported  in  149  Mass.  1,  there  was 
involved  incidentally  the  question  of  whether  or  not  the  tax 
law^  contemplated  that  the  guaranty  fund  and  undivided 
profits  (Pub.  Stat.,  chap.  116,  sect.  24)  of  savings  banks 
should  be  included  in  deposits  upon  which  or  according  to 
whicli  the  franchise  tax  is  assessed  (Pub,  Stat.,  chap.  13, 
sect.  20).  The  court  appeared  to  hold  in  that  case  that  the 
word  deposits  signified  "  all  the  funds  which  the  bank  holds 
for  investment."  In  assessing  the  tax  for  the  year  1889, 
the  treasurer  of  the  Commonwealth  submitted  to  this 
department  the  question  whether  or  not  he  should  include 
these  moneys,  which  for  that  year  amounted  to  nearly  fifteen 
million  dollars,  and  now  a  much  larger  sum,  upon  which  the 
tax  was  to  l>e  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  suggested  that  a  test  case 
be  made  with  one  bank,  which  for  that  purpose  should  pay 
the  full  tax  under  protest,  and  then  bring  suit  under  the 
statute  for  an  abatement.  This  was  done,  and  the  case  was 
tried  and  argued  in  the  supreme  judicial  court,  and  a  deci- 
sion by  a  majority  of  the  court  has  been  rendered  against 
the  Commonwealth,  and  is  reported  in  151  Mass.  page  103. 
By  this  decision  this  large  sum  of  money  is  liable  to  no  tax, 
and  I  recommend  such  legislation  as  will  subject  it  to  taxa- 
tion like  the  deposits  in  those  institutions. 

PuiJLic  Chauities. 

The  questions  raised  under  the  will  of  G.  S.  Holmes,  relat- 
ing to  a  trust  of  about  four  thousand  dollars,   oivcn  for  the 


1891.]  PUBLIC   DOCUMENT  — No.  12.  13 

relief  of  disabled  seamen  and  soldiers  who  served  in  the 
Union  army  in  the  War  of  the  Rebellion,  etc.,  are  still  })end- 
ing  in  the  supreme  judicial  court. 

In  the  matter  of  the  petition  of  St.  Paul's  Church  Society, 
asking  for  permission  to  apply  certain  trust  funds  towards 
the  erection  of  a  rectory,  the  bill  has  been  dismissed. 

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  or  Willi amstown.  This 
is  a  suit  brought  by  the  Commonwealth  to  recover  interest 
on  the  scrip  or  certificates  of  indebtedness,  amounting  in  all 
to  thirty-three  thousand  dollars,  issued  by  the  town  of 
Williamstown  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 
was  tried  in  the  superior  court  in  1889.  As  the  present 
Attorney-General,  Mr.  Waterman,  was  consulted  by  the 
town  in  this  matter  prior  to  his  holding  said  office,  the 
case  has  been  wholly  managed  and  tried  by  Assistant 
Attorney-General  Bliss.  A  decision  has  been  rendered  in 
favor  of  the  Commonwealth  for  the  amount  of  the  claim. 

Insurance  Proceedings. — The  Insurance  Commissioner  has 
referred  to  this  department  a  large  number  of  violations  of 
chapter  183  of  the  Acts  of  1885,  by  insurance  companies 
doing  business  on  the  assessment  plan  and  under  said  act. 
In  all  cases  not  finished  at  the  date  of  my  last  annual  report, 
injunctions  have  been  obtained,  receivers  and  masters 
appointed,  and  the  affairs  of  the  companies  are  now  wound 
up. 

A  large  number  of  other  questions  and  matters  have 
been  referred  to  this  department,  wdiich  have  received  proper 
attention. 


14     ATTORNEY- GENERAL'S  REPORT.    [Jau. 

Algonquin  Club  and  Back  Bay  Deeds.  —  The  case  of  the 
Attorney-General  ex  rel.  Harbor  and  Land  Commissioners 
vs.  the  Algonquin  Club,  whose  building  is  u})on  the  north- 
erly side  of  Commonwealth  Avenue,  'involving  the  con- 
struction of  the  conditions  and  limitations  contained  in  the 
deeds  from  the  Commonwealth  of  the  Back  Bay  lands,  has 
been  heard,  and  is  pending  as  reported  to  the  full  court, 
ready  for  argument.  The  position  taken  by  the  club  is  a 
novel  one,  and,  if  sustained,  will  render  the  conditions  of 
the  deed  of  peculiar  value. 

Additional  Laivs  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  Gov- 
ernor of  this  Commonwealth,  based  upon  requisition  papers 
from  the  Governor  of  the  State  from  which  the  alleged  fugi- 
tive had  fled  ;  and  that  for  any -violation  of  such  law  proper 
penalties  by  imprisonment  be  prescribed.  Such  is  the  law 
of  several  of  the  States,  and  it  is,  in  my  opinion,  a  wise  and 
salutary  measure.  It  was  recommended  by  the  national 
committee  upon  this  subject. 

Pahlication  of  Capital  Trials.  —  No  report  of  proceed- 
ings in  the  capital  trials  had  during  the  year  has  been  made 
for  ])ublication,  as  is  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 
ujion  unless  a  publication  is  had,  and  then  onl}'^  on  the 
api)roval  of  the  Governor  and  Council. 

Dudley  Indians.  —  The  petition,  filed  by  the  provisions 
of  cliapter  443  of  the  Acts  of  1889,  by  the  Commissioners 
for  the  Dudley  Indians,  to  recover  from  the  Commonwealth 
certain  portions  of  the  proceeds  of  the  sale  of  certain  inter- 
ests in  lands  originally  held  by  a  portion  of  the  Pegan  Indi- 
ans, known  as  the  Dudley  Indians,  which  at  the  date  of  my 


181)1.]  PUBLIC   DOCUMENT  — No.  12.  15 

report  had  been  heard  and  argued  in  court,  has  since  been 
decided,  sustaining  the  petition  to  the  amount  of  14,851.63. 
This  decision,  it  is  believed,  includes  all  claims  that  can  be 
brought  against  the  Commonwealth  having  any  foundation 
in  law  or  justice  upon  the  subject. 

Collections.  — The  collections  of  the  year  have  ])een  con- 
siderable in  amount,  involving,  as  usual,  a  large  number  of 
cases.  Many  suits  have  been  instituted,  against  both  cor- 
porations and  individuals.  A  large  per  cent  of  the 
"expenses  in  civil  cases"  has  been  collected  from  defend- 
ants, amounting  to  over  $509.09,  and  has  been  paid  over 
to  the  treasurer  of  the  Commonwealth.  The  total  amount 
of  collections,  exclusive  of  "  expenses  in  civil  cases,"  is 
$55,949.62  ;  of  this  amount,  there  has  been  received  from 
corporations  for  taxes,  $21,877.21  ;  from  other  sources, 
$2,363.39;  all  of  which  has  been  paid  to  the  treasurer  of 
the  Commonwealth,  according  to  law.  There  has  been  col- 
lected upon  the  taxes  for  1890,  to  wit,  $31,709.02,  which 
has  also  been  paid  to  the  treasurer  of  the  Commonwealth. 

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  accu- 
rate data  of  oral  opinions  can  be  preserved  or  given. 
AVritten  opinions  are  always  on  iile. 

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

The  suit  against  the  Fitchburg  Railroad  Company  to 
recover  the  rental  of '  the  Southern  Vermont  Railroad,  until 
recently  owned  by  the  Commonwealth,  which  was  pending 
in  the  superior  court  at  the  date  of  my  last  annual  rej)ort, 
has  been  tried  and  decided  in  favor  of  the  Commonwealth, 
and  judgment  was  entered  therein  for  $59,395.16  and  costs, 
on  Dec.  1,  1890.  Exceptions  on  questions  of  law  have  been 
taken  by  the  defendant,  which  are  now  pending  in  the 
supreme  judicial  court. 

The  Menhaden  Fishery  Cases.  —  The  prosecution  in 
behalf  of  the    Commonwealth,    of  Arthur  Manchester   and 


16      ATTORNEY- GEXERAL'S  KEPORT.    [Jan. 

others  for  illegal  fishing  in  Buzzard's  Bay,  have  been  tried, 
and  the  defendants  convicted,  in  the  superior  court,  and 
defendants'  exceptions  filed  in  all  of  them.  The  case  of 
Arthur  Manchester  has  been  argued  in  the  supreme  judicial 
court,  and  has  been  overruled ;  and  the  defendant  has 
removed  the  case  on  writ  of  error  to  the  supreme  court  of 
the  United  States,  where  the  same  is  now  pending  at  Wash- 
ington, D.  C.  It  has  recently  been  argued,  and  a  decision 
is  soon  expected.  By  an  understanding  between  counsel, 
the  decision  in  this  case  is  to  be  applicable  to  the  other 
cases,  as  well  as  the  cases  libelling  the  boats,  etc.,  which 
were  used  in  fishing,  which  libels  are  now  also  i)ending  in 
the  superior  court. 

I  respectfully  suggest  that  the  provisions  of  section  8  of 
chapter  17  of  the  Public  Statutes  be  amended  to  include  the 
several  State  departments  and  commissions  not  therein  enu- 
merated. 

CJiarles  River  Bridfjes. — The  questions  arising  under 
chapter  230  of  the  Acts  of  1888,  with  reference  to  these 
bridges  and  the  widening  of  the  draws  thereof,  have  been 
disposed  of  Avithout  any  action  of  this  department  thereon. 

H.  C.  Bliss,  Esq.,  as  first  assistant,  and  H.  A.  Wyman, 
Esq.,  as  second  assistant,  have  rendered  faithful  and  efficient 
services  in  transacting  the  business  of  the  office.  ]Mr, 
Wyman  having  been  appointed  assistant  United  States 
attorney  for  the  district  of  Massachusetts,  and  having  ten- 
dered his  resignation,  I  accepted  the  same  on  the  first  day  of 
January. 

The  details  of  the  work  of  the  department  for  the  year, 
with  tables,  are  annexed. 

ANDREW   J.    WATERMAX, 

Attorney-  General. 


1891.]  PUBLIC   DOCUMENT— Xo.  12.  ,     17 


MATTERS  EX  EELATIONE. 


The  Attorney-General  ex  rd.  Board  of  Gas  and  Electric  Light 
Commissioners  vs.  Information  for  injunction  for  violation  of 
section  7,  chapter  314,  Acts  of  1885  ;  section  2,  chapter  346, 
Acts  of  1886;  section  2,  chapter  382,  Acts  of  1887.  Com- 
plied with.  Costs  received  and  paid  over.  Information 
dismissed. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Athertou  Machine 
Company.  Information  for  injunction  for  violation  of  section 
54,  chapter  106,  Public  Statutes.  Complied  with.  Costs 
received  and  paid  over. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Nemosett  Company. 
Same.     Information  dismissed. 

The  Attorney-General  ex  rel.  Commissioners  of  Savings  Banks  vs. 
Haverhill  Co-operative  Bank.  Violation  of  chapter  117, 
sections  10  and  12,  Public  Statutes.     Complied  with. 

The  Attorney-General  ex  rel.  Commissioner  of  Corporations  vs. 
Freeman  Manufacturing  Compan}'.  Violation  of  section  54, 
chapter  106,  Public  Statutes.     Complied  with. 

The  Attorney-General  ex  rel.  Treasurer  vs.  American  Cultivator 
Publishing  Company.  Information  for  injunction  for  non- 
payment of  corporation  tax.  Tax,  interest  and  costs 
received  and  paid  over.     Information   dismissed. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Atlas  Pulp  Company. 
Information  for  injunction  for  non-pa^mient  of  corporation 
tax.  Tax,  interest  and  costs  received  and  paid  over.  lufor 
mation  dismissed. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Bay  State  Manufac- 
turing Company.  Information  for  injunction  for  non- 
payment of  corporation  tax.     Injunction  issued. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Boston  Heating 
Company.  Information  for  injunction  for  non-payment  of 
corporation  tax.     Pending. 


18  .    ATTORNEY- GENERAL'S  REPORT.    [Jan. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Budget  Publishing 
Company.  Information  for  injunction  for  non-payment  of 
corporation  tax.  Tax,  interest  and  costs  received  and  paid 
over.     Information  dismissed. 

The  .\ttorney-General  ex  rel.  Treasurer  vs.  Citizens  Gas  Light 
Company  of  Quincy.  Information  for  injunction  for  non- 
payment of  corporation  tax.  Tax,  interest  and  costs 
received  and  paid  over.     Information  dismissed. 

The  Attorney-General  ex  rel.  Treasurer  us.  Foote  Refrigerator  Com- 
pan}'.  Information  for  injunction  for  non-payment  of  corpo- 
ration tax.  Tax,  interest  and  costs  received  and  paid  over. 
Information  dismissed. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Gardner  Gaslight 
Company.  Information  for  injunction  for  non-payment  of 
corporation  tax.  Tax,  interest  and  costs  received  and  paid 
over.     Information  dismissed. 

The   Attorney-General   ex   rel.    Treasurer   vs.    George    E.    Reed 
Furniture    Company.     Information    for   injunction   for   non- 
.     payment   of    corporation    tax.       Tax,     interest     and     costs 
received  and  paid  over.     Information    dismissed. 

The  Attorney-General  ex  rel.  Treasurer  vs.  PI.  A.  William  Manu- 
facturing Company.  Information  for  injunction  for  non- 
payment of  corporation  tax.  Tax,  interest  and  costs  received 
and  paid  over.     Information  dismissed. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Hancock  Inspirator 
Company.  Information  for  injunction  for  non-payment  of 
corporation  tax.  Tax,  interest  and  costs  received  and  paid 
over.     Information  dismissed. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Haverhill  Roller 
Toboggan  Company.  Information  for  injunction  for  non- 
payment of  corporation  tax.  Tax,  interest  and  costs  received 
and  paid  over.     Information  dismissed. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Lawson  Manufacturing 
Company.  Information  for  injunction  for  non-payment  of 
corporation  tax.     Injunction  issued. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Lynn  Ice  Company. 
Information  for  injunction  for  non-payment  of  corporation 
tax.  Tax,  interest  and  costs  received  and  paid  over. 
Information  dismissed. 


The  Attorney-General  ex  rel.  Treasurer's.  jMansfield  Co-operative 
Furnace  Company.  Information  for  injunction  for  non- 
payment of  corporation  tax.  Tax,  interest  and  costs  received 
and  paid  over.     Information  dismissed. 


1891.]  PUBLIC   DOCUMENT— No.  12.  19 

The  Attorney-Geneval  ex  rel.  Treasurer  vs.  Manufacturers'  Gazette 
Publishing  Company.     Information    for  injunction   for  non- 
.  payment  of  corporation  tax.     Tax,  interest  and  costs  received 
and  paid  over.     Information  dismissed. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Nantucket  Railroad 
Company.  Information  for  injunction  for  non-payment  of 
corporation  tax.  Tax,  interest  and  costs  received  and  paid 
over.     Information  dismissed. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Old  Spain  Co-operative 
Society.  Information  for  injunction  for  non-payment  of 
corporation  tax.  Tax,  interest  and  costs  received  and  paid 
over.     Information  dismissed. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Plum  Island  Street 
Railroad  Company.  Information  for  injunction  for  non- 
payment of  corporation  tax.  Tax,  interest  and  costs 
received    and   paid   over.     Information    dismissed. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Sanford  Woolen  Com- 
pany. Information  for  injunction  for  non-payment  of 
corporation  tax.  Information  dismissed.  Settled  in  insol- 
vency. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Security  Associates. 
Information  for  injunction  for  non-payment  of  corporation 
tax.     Partial  payment  made.     Pending. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Springfield  Bicycle 
Manufacturing  Company.  Information  for  injunction  for 
non-payment  of  corporation  tax.  Information  dismissed. 
Settled  in  insolvency. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Wakefield  Water 
Company.  Information  for  injunction  for  non-payment  of 
corporation  tax.  Tax,  interest  and  costs  received  and  paid 
over.     Information  dismissed. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Wentworth  Carpet 
Lining  Company.  Information  for  injunction  for  non- 
payment of  corporation  tax.     Injunction  issued. 

The  Attorney-General  ex  rel.  Commissioner  of  Corporations  vs. 
Richmond  Co-operative  Creamery  Association.  Violation  of 
section  54,  chapter  106,  Public  Statutes.     Complied  with. 

The  Attorney-General  ex  rel.  Commissioner  of  Corporations  vs. 
Lord  and  Gale  Manufacturing  Company.  Violation  of  sec- 
tion .54,  chapter  106,  Public  Statutes.     Complied  with. 

The  Attorney-General  ex  rel.  Commissioner  of  Corporations  vs. 
Charles  W.  Copeland  Company.  Violation  of  section  54, 
chapter  106,  Public  Statutes.     Complied  with. 


20  ATTORNEY- GENERAL'S   KEPORT.        [Jan. 

The  Attoruey-Cieneral  ex  rel.  Commissioner  of  Corporations  vs. 
Swedish  Importing  Company.  Violation  of  section  54, 
chapter  106,  Public  Statutes.     Complied  with. 

The  Attorney-General  ex  rel.  Commissioner  of  Corporations  vs. 
Boston  Coffee  House  Company.  Information  for  injunction 
for  violation  of  section  54,  chapter  13,  Public  Statutes. 
Complied  with.  Costs  received  and  paid  over.  Information 
dismissed. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Hampden  Watch 
Company.  Information  for  injunction  for  non-payment  of 
corporation  tax.  Tax,  interest  and  costs  received  and  paid 
over.     Information  dismissed. 

The  Attorney-General  ex  rel.  Commissioner  of  Corporations  vs. 
Globe  Co-operative  Shoe  Company.  Information  for  injunc- 
tion for  violation  of  section  54,  chapter  lo.  Public  Statutes. 
Complied  with.  Costs  received  and  paid  over.  Information 
dismissed. 

The  Attorney-General  ex  rel.  Commissioner  of  Corporations  vs. 
Haverhill  Iron  Works.  Information  for  violation  of  section 
54,  chapter  13,  Public  Statutes.  Complied  with.  Costs 
received  and  paid  over.     Information  dismissed. 

The  Attorney-General  ex  rel.  Board  of  Gas  and  Electric  Light 
Commissioners  vs.  Milford  Gas  Light  Company.  Violation 
of  section  18,  chapter  105,  Public  Statutes.     Complied  with. 

Petition  of  Standard  Steam  Navigation  Company  for  dissolution. 
S.  J.  C.     Tax  Commissioner's  consent  filed. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Mudie  Library 
Company.  Information  for  injunction  for  non-pajnnent  of 
corporation  tax.  Information  dismissed.   Settled  in  insolvency. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Electric  and  Machine 
Company.  Information  for  injunction  for  non-payment  of 
corporation  tax.  Tax,  interest  and  costs  received  and  paid 
over.     Information  dismissed. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Boston  Wall  Paper 
Company.  Information  for  injunction  for  non-payment  of 
corporation  tax.  Tax,  interest  and  costs  received  and  paid 
over.     Information  dismissed. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Blackburn  Valve  Com- 
pany. Information  for  injunction  for  non-payment  of  cor- 
poration tax.     Injunction  issued. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Sanford  Woolen  Com- 
pany. Insolvency  Court,  Norfolk,  ss.  Claim  for  taxes. 
Claim  filed.     Pendins:. 


189  L]  PUBLIC   DOCUMENT— No.  12.  21 

Martin  Wesson,  petitioner,  vs.  Commonwealth.  Suit  under  chapter 
195,  Public  Statutes,  to  recover  damages  for  breach  of  con- 
tract. Superior  Court,  Suffolk,  ss.  Judgment  for  Com- 
monwealth. 

Merchants  Electric  Light  Company,  petitioners,  vs.  Board  of  Gas 
and  Electric  Light  Commissioners.  For  writ  of  mandamus. 
Pending. 

Petition  of  Waltham  and  Newton  Street  Railway  Company  for 
dissolution.     S.  J.  C.     Tax  Commissioner's  consent  filed. 

Petition  of  Amherst  Electric  Company  for  dissolution.  S.  J.  C. 
Tax  Conimissioner's  consent  filed. 

Petition  of  Eureka  Clothes  Wringing  Machine  Company  for 
dissolution.     S.  J.  C.     Tax  Commissioner's  consent  filed. 

George  A.  Crawford  et  al.  Petition  for  appointment  of  trustees. 
Notice  received.     Answer  filed. 

The  Attorney-General  ex  rel.  Hannori  Aldrich  et  al  vs.  Perkins 
Baptist  Society.     Answer  filed. 

The  Attorney-General  ex  rel.  Commissioner  of  Corporations  vs. 
Neponset  Mills.  Petition  for  dissolution  under  sections  54 
and  55,  chapter  106,  Public  Statutes.     Dissolution  decreed. 

The  Attorney-General  ex  rel.  Commissioner  of  Corporations  vs. 
Sarauac  Mineral  Spring  Water  Company.  Failure  to  comply 
with  chapter  330,  Acts  of  1884.  Discontinued,  at  suggestion 
of  Commissioner.     No  violation  of  law. 

The  Attorney-General  ex  rel.  Commissioner  of  Corporations  vs. 
Norwood  Gaslight  Company.  Violation  of  section  54,  chap- 
ter 106,  Public  Statutes.     Complied  with. 

The  Attorney-General  ex  rel.  Commissioner  of  Corporations  vs. 
French  Co-operative  Store  Company.  Violation  of  section 
54,  chapter  106,  Public  Statutes.  No  proceedings  had.  Com- 
pany insolvent. 

Petition  of  Nelson  Mills  for  dissolution.  S.  J.  C.  Tax  Com- 
missioner's consent  filed. 

Petition  of  the  Gold  Medal  Braid  Company  for  dissolution.  S.  J. 
C.     Tax  Commissioner's  consent  filed. 

Petition  of  Lynn  Co-operative  Store  Company  for  dissolution. 
S.  J.  C.     Tax  Commissioner's  consent  filed. 

The  Attorney-General  vs.  Jamaica  Pond  Aqueduct  Corporation. 
Information  to  try  title.     Petition  denied. 


22      ATTORNEY- GENERAL'S  REPORT.    [Jan. 

Petition  of  Weuham  Lalve  Ice  Company  for  dissolution.  S.  J.  C. 
Tax  Commissioner's  consent  filed. 

George  E.  BuUard  et  al  vs.  Attorney-General.  Construction  of 
will.     Argued  but  not  decided. 

Harriet  S.  Winslow  et  al  vs.  Attorney-General.  Construction  of 
will.     Argued  but  not  decided. 

Commonwealth  vs.  Samuel  T.  Crosby.  Superior  Court,  Suffolk, 
ss.  Replevin  suit  for  the  recovery  of  ancient  documents. 
Dismissed.     Settled  under  Resolves  1890,  chapter  49. 

Petition  of  the  Back  Bay  Incandescent  Light  Company  for  disso- 
lution.    S.  J.  C.     Tax  Commissioner's  consent  filed. 

Petition  of  the  Litchfield  Lumber  Company  for  dissolution. 
S.  J.  C.     Tax  Commissioner's  consent  filed. 

Petition  of  H.  N.  Slater  Manufacturing  Company  for  dissolution. 
S.  J.  C.     Tax  Commissioner's  consent  filed. 

Petition  of  the  Steel-Edged  Dust  Pan  Company  for  dissolution. 
S.  J.  C.     Tax  Commissioner's- consent  filed. 

Petition  of  the  Standard  Yarn  Company  for  dissolution.  S.  J.  C. 
Tax  Commissioner's  consent  filed. 

Petition  of  the  New  England  Preserving  Company  for  dissolution. 
S.  J.  C.     Tax  Commissioner's  consent  filed. 

Petition  of  the  A.  A.  Knight  Company  for  dissolution.  S.  J.  C. 
Tax  Commissioner's  consent  filed. 

Petition  of  the  New  Home  Sewing  Machine  Company  for  disso- 
lution.    S.  J.  C.     Tax  Commissioner's  consent  filed. 

Petition  of  the  Leghorn  Mills  Corporation  of  Fitchburg  for  disso- 
lution.    S.  J.  C.     Tax  Commissioner's  consent  filed. 

Commonwealth,  by  Commissioner  of  Corporations,  vs.  American 
Mortising  Machine  Company.  Petition  for  dissolution  under 
sections  54  and  55,  chapter  106,  Public  Statutes.  Dissolution 
decreed. 

The  Attorney-General,  by  information,  vs.  Inhabitants  of  Clinton. 
Injunction  to  restrain  defendant  from  using  Nashua  liiver. 
Injunction  denied. 

Petition  of  Brockton  Co-operative  Cash  Store  Company  for  disso- 
lution.    S.  J.  C.     Tax  Commissioner's  consent  filed. 


181U.1  PUBLIC   DOCUMENT— No.  12.  23 

Roland  E.  Burbank  et  al  vs.  Charles  H.  Burbank  et  al.  Petition 
for  constructioii  of  will.     Answer  filed.     Decree  entered. 

The  Attorney-General  ex  rel.  Commissioner  of  Corporations  vs. 
Brockton  Gaslight  Company.  Violation  of  section  54,  chap- 
ter 106,  Public  Statutes.     Complied  with. 

Petition  of  Crystal  Lake  Steam  Boat  Company  for  dissolution. 
S.  J.  C.     Tax  Commissioner's  consent  filed. 

Petition  of  the  Commonwealth  Insurance  Company  for  disso- 
Intion.     S.  .J.  C.     Tax  Commissioner's  consent  filed. 

Petition  of  Commonwealth  Insurance  Company  for  dissolution.  Tax 
Commissioner's  consent  filed. 

Petition  of  Springfield  Union  Company  for  dissolution.  Tax 
Commissioner's  consent  filed. 

Petition  of  Hooston  Improved  Ship  Berth  Company  for  dissolution. 
Tax  Commissioner's  consent  filed. 

Petition  of  Bouker  &  Williams  Hoop  Machine  Company  for  disso- 
lution.    Tax  Commissioner's  consent  filed. 

Petition  of  the  Orange  Iron  Foundry  Company  for  dissolution. 
Tax  Commissioner's  consent  filed. 

Trustees  of  Horton  Fund  of  the  Second  Presbyterian  Society  of 
Newburyport  vs.  the  Attorney-General.  Petition  to  sell  real 
estate. 

Attorney-General  ex  rel.  Treasurer  vs.  Mudie  Library  Company. 
Claim  in  insolvency.     Filed.     Pending. 

Attorney-General  ex  rel.  Commissioner  of  Corporations  vs.  Potter 
Lovell  Company.  Violation  of  section  54,  chapter  106, 
Public  Statutes.     Complied  with. 

Petition  of  the  Cotton  Improvement  Company  for  dissolution. 
Tax  Commissioner's  consent  filed. 

Petition  for  habeas  corpus  by  Charles  W.  Bertwell,  guardian  Hattie 
M.  Bowdrow.     Writ  issued. 

Petition  of  Page  Paper  Company  for  dissolution.  Tax  Commis- 
sioner's consent  filed. 

Petition  of  the  Chaddock  and  Ilummett  Manufacturing  Company 
for  dissolution.     Tax  Commissioner's  consent  filed. 

Petition  of  the  Stoneham  Co-operative  Boot  and  Shoe  Company 
for  dissolution.     Tax  Commissioner's  consent  filed. 


24  ATTOKNEY-GENERAL'8    REPORT.        [Jan. 

Phiueas  B.  Smith  vs.  Sarah  E.  Bradlc}'.  Pelition  for  iustructions 
under  a  will.     Pending. 

William  H.  Pratt,  petitioner,  vs.  the  Commonwealth.  Petition 
for  a  jury  to  assess  damage  for  taking  of  laud  at  Sherborn 
and  Framiugham.      (Middlesex,  ss.)   Pending. 

A.  H.  Ordway,  petitioner,  vs.  the  Commonwealth.  Petition  for  a 
jury  to  assess  damage  for  taking  of  land  at  Sherborn  and 
Framiugham.      (Middlesex,  ss.)     Pending. 

James  Daisley,  petitioner,  vs.  the  Commonwealth.  Petition  for  a 
jur}'  to  assess  damage  for  taking  of  land  at  Sherborn  and 
Framiugham.      (Middlesex,  ss.)     Pending. 

Directors  of  Boston  &  Albany  Railroad  Company,  petitioners. 
Petition  for  abolition  of  grade  crossing  at  Ashland,  Howe 
Street.     Commissioners  appointed. 

Directors  of  Boston  &  Albany  Railroad  Company,  petitiouers. 
Petition  for  abolition  of  grade  crossings  at  Natick,  Speen 
Street,  Milk  Street,  Bowdoin  Lane.  Commissioners 
appointed. 

Directors  of  Boston  &  Albany  Railroad  Company,  petitioners. 
Petition  for  nbolition  of  grade  crossing  at  Palmer.  Cooley's 
Crossing.  Commissioners  appointed.  Hearing  had.  Find- 
ing of  commissioners  allowed.     Auditor  appointed. 

Directors  of  Boston  &  Albany  Railroad  Company,  ])etitioners. 
Petition  for  abolition  of  grade  crossings  at  Muuson,  Hast- 
ings' Crossing,  Butler's  Crossing,  Moran's  Crossing  and 
Silver  Street  crossing.  Commissioners  appointed.  Hear- 
ings had.  Finding  of  commissioners  in  Hastings'  Crossing 
accepted.     Pending  as  to  rest. 

Selectmen  of  the  toAvn  of  Attleborougli  vs.  Old  Colony  Railroad 
Company.  Petition  for  an  information  to  restrain  erection  of 
depot.     Pending. 

Trustees  of  Tufts  College  vs.  City  of  Boston  et  al.  S.  J.  C. 
Petition  to  sell  real  estate  and  reinvest  proceeds.  Attorney- 
General's  answer  filed. 

Petition  of  American  Metallic  Tubing  Company  for  dissolution. 
Tax  Commissioner's  consent  filed. 

Petition  of  Pittsfield  Marble  Company  for  dissolution.  Tax  Com- 
missioner's consent  filed. 

Directors  of  Boston  &  Albany  Railroad  Company,  petitioners. 
Petition  for  abolition  of  grade  crossing  in  Boston,  Flverett 
Street,  Brighton  District.  Commissioners  appointed.  Hear- 
ings (;>)  had.      Pending. 


1891.]  PUBLIC   DOCUMENT  — No.  12.  25 

Directors  of  Boston  &  Albany  Railroad  Company,  petitioners. 
Petition  for  abolition  of  grade  crossings  in  Warren,  at 
station.     Commissioners  appointed.     Pending. 

Directors  of  Boston  &  Albany  Railroad  Company,  petitioners. 
Petition  for  abolition  of  grade  crossing  at  Brookfield.  Com- 
missioners appointed.     Hearings  (2)  had.     Pending. 

Directors  of  Boston  &  Albany  Railroad  Compan}^  petitioners. 
Petition  for  abolition  of  grade  crossing  at  Chariton.  Com- 
missioners appointed.     Hearing  had.     Pending. 

Directors  of  Boston  &  Albany  Railroad  Company,  petitioners. 
Petition  for  abolition  of  grade  crossing  at  West  Brookfield. 
Commissioners  appointed.     Hearings  (2)  had.     Pending. 

Directors  of  Boston  &  Albany  Railroad  Company,  petitioners. 
Petition  for  abolition  of  grade  crossing  at  Anburn,  Chapin's 
Crossing.  Commissioners  appointed.   Hearing  had.     Pending. 

Directors  of  Boston  &  Albany  Railroad  Company,  petitioners. 
Petition  for  abolition  of  grade  crossings  at  Worcester,  Lud- 
low Street,  Heard  Street,  Webster  Street  and  Sutton  Lane. 
Commissioners  appointed.     Hearings  (5)  had.     Pending. 

Petition  of  mayor  and  aldermen  of  city  of  Worcester  for  abolition 
of  grade  crossings,  Grafton  Street,  Green  Street,  AVashington 
Street,  Plymouth  Street.  Commissioners  appointed.  Hear- 
ings (5)  bad.     Pending. 

Attorney-General  ex  rel.  Commissioner  of  Corporations  vs.  Boston 
Electric  Railway  Company.  Violation  of  section  54,  chapter 
106,  Public  Statutes.     Complied  with. 

Selectmen  of  town  of  Westfield,  petitioners.  Petition  for  abolition 
of  grade  crossing  at  Westfield.  Commissioners  appointed. 
Hearing  had.     Pending. 

Directors  of  Boston  &  Albany  Railroad  Company,  petitioners. 
Petition  for  abolition  of  grade  crossing  in  Brookline,  St.  Mary 
Street.     Pending. 

Directors  of  Old  Colony  Railroad  Company.  Petition  for  abolition 
of  grade  crossing  at  Boston,  Tremont  Street.  Commissioners 
appointed.     Hearings  (5)  had.     Pending. 

Directors  of  Old  Colony  Railroad  Company,  petitioners.  Petition 
for  abolition  of  grade  crossing  at  Boston,  Washington  Street. 
Commissioners  appointed.     Hearings  (2)  had.     Pending. 

Directors  of  Old  Colony  Railroad  Company,  petitioners.  Petition 
for  abolition  of  grade  crossing  at  Brockton,  Howard  Street. 
Commissioners  appointed.     Hearing  had.     Pending. 


26  ATTORNEY- GENERAL'S   REPORT.        [Jan. 

Directors  of  Old  Colony  Railroad  Company,  petitioners.  Petition 
for  abolition  of  grade  crossing  at  Marshtield.  Commissioners 
appointed.     Hearings  (2)  had.     Pending. 

Directors  of  Old  Colony  Railroad  Company,  petitioners.  Petition 
for  abolition  of  grade  crossing  at  Braintree,  at  station.  Com- 
missioners appointed.     Hearings  (2)  had.     Pending. 

Directors  of  Old  Colony  Railroad  Company,  petitioners.  Petition 
for  the  abolition  of  grade  crossing  between  Northborough  and 
Southborough.     Commissioners  appointed.     Pending. 

Attorney-General  ex  rel  Treasurer  vs.  A.  T.  Stearns  Lumber 
Company.  Claim  for  displacement  of  tidewater;  $1,395.14 
received  and  paid  over. 

Petition  of  Swedish  Importing  Company  for  dissolution.  Tax 
Commissioner's  consent  filed. 

Petition  of  the  Massachusetts  Rebate  Association  for  dissolution. 
Tax  Commissioner's  consent  filed. 

Petition  of  the  Pittsfield  Marble  Quarry  Company  for  dissolution. 
Tax  Commissioner's  consent  filed. 

Petition  of  the  Diatite  Company  for  dissolution.  Tax  Commis- 
sioner's consent  filed. 

Petition  of  New  England  Glass  Company  for  dissolution.  Tax 
Commissioner's  consent  filed. 

Petition  of  Boston  Mercantile  Company  for  dissolution.  Tax 
Commissioner's  consent  filed. 

Petition  of  the  Alliance  Insurance  Company  for  dissolution. 
Tax  Commissioner's  consent  filed. 

Commonwealth,  by  John  T.  White,  petitioner,  vs.  City  of  Cam- 
bridge. Failure  to  comply  with  section  1,  of  chapter  426  of 
the  Acts  of  1888.     Law  complied  with.     Petition  dismissed. 

William  II.  Drury  vs.  Harrison  Moore  et  al.  Construction  of 
will.     Attorney-General's  answer  filed.  ^  j 

Attorney-General  ex  rel.  Treasurer  vs.  Turner's  Falls  Driving 
Association.  S.  J.  C.  Information  for  injunction  for  vio- 
lation of  section  88,  chapter  lo.  Public  Statutes.  Complied 
with.     Costs  received  and  paid  over. 

Attorney-General  ex  rel.  Treasurer  vs.  Berkshire  Hill  Co-opera- 
tive Creamery  Association.  S.  J.  C.  Information  for 
injunction  for  violation  of  section  88,  chapter  13,  Public 
Statutes.  Complied  witli.  Costs  received  and  paid  over. 
Information  dismissed. 


4 

1891.]  PUBLIC   DOCUMENT— No.  12.  27 

Attorney-General  ex  rel.  Treasurer  vs.  Casino  Art  Company. 
!S.  J.  C.  Information  for  injunction  for  violation  of  section 
38,  cliapter  lo,  Public  Statutes.  Complied  with.  Costs 
received  and  paid  over.     Information  dismissed. 

Attorney-General  ex  rel.  Treasurer  vs.  Draper  Manufacturing 
Company.  S.  J.  C.  Information  for  injunction  for  viola- 
tion of  section  38,  chapter  13,  Public  Statutes.  Com- 
plied with.  Costs  received  and  paid  over.  Information 
dismissed. 

Attorney-General  ex  rel.  Treasurer  vs.  Hampden  Watch  Company. 
S.  J.  C.  Information  for  injunction  for  violation  of  section 
38,  chapter  13,  Public  Statutes.  Complied  with.  Costs 
received  and  paid  over.     Information  dismissed. 

Attorney-General  ex  rel.  Treasurer  vs.  Holmes  Holl  INIarine  Rail- 
way Company.  S.  J.  C.  Information  for  injunction  for 
violation  of  section  38,  chapter  13,  Public  Statutes.  Com- 
plied with.  Costs  received  and  paid  over.  Information 
dismissed. 

Attorney-General  ex  rel.  Treasurer  vs.  Ipswich  Co-operative 
Creamery  Association.  S.  J.  C.  Information  for  injunc- 
tion for  violation  of  section  38,  chapter  13,  Public  Statutes. 
Complied  with.  Costs  received  and  paid  over.  Information 
dismissed. 

Attorney-General  ex  rel.  Treasurer  vs.  Massachusetts  Pulsion 
Telephone  Company.  S.  J.  C.  Information  for  injunction 
for  violation  of  section  38,  chapter  13,  Public  Statutes. 
Injunction  issued. 

Attorney-General  ex  rel.  Treasurer  vs.  Merrimack  Spinning  Com- 
pany. S.  J.  C.  Information  for  injunction  for  violation  of 
section  38,  chapter  13,  Public  Statutes.  Complied  with. 
Costs  received  and  paid  over.     Information  dismissed. 

Attorney-General  ex  rel.  Treasurer  vs.  Milton  Light  and  Power 
Company.  S.  J.  C.  Information  for  injunction  for  violation 
of  section  38,  chapter  13,  Public  Statutes.  Complied  with. 
Costs  received  and  paid  over. 

Attorney-General  ex  rel.  Treasurer  vs.  Randolph  and  Holbrook 
Light  and  Power  Company.  S.  J.  C.  Information  for  injunc- 
tion for  violation  of  section  38,  chapter  13,  Public  Statutes. 
Complied  with.     Costs  received  and  paid  over. 

Attorney-General  ex  rel.  Treasurer  vs.  Raymond  Skate  Company. 
S.  J.  C.  Information  for  injunction  for  violation  of  section  38, 
chapter  13,  Public  Statutes.  Complied  with.  Costs Veceived 
and  paid  over. 


28  ATTORNEY- GENERAL'S   REPORT.         [Jaii. 

Attoniey-Gcneral  ex  rel.  Treasurer  vs.  Roxbury  P^lectric  Light 
Company.  S.  J.  C.  Information  for  injunction  for  violation 
of  section  38,  of  cliapter  13,  Public  Statutes.  Injunction 
issued. 

Selectmen  of  the  town  of  Greenfield,  petitioners.  Petition  for  the 
abolition  of  grade  crossing  in  Greenfield,  Clay  Hill  Street. 
Commissioners  appointed.     Hearings  had.     Pending. 

Commonwealth  us.  Reading  Savings  Bank.  S.  J.  C.  Final  report 
of  receivers  presented  and  allowed. 

Petition  of  mayor  and  aldermen  of  city  of  Springfield  for  the 
abolition  of  grade  crossing.  Armory  Street.  Commissioners 
appointed.     Hearings  (5)  had.     Pending. 

Attorney-General  ex  rel.  Tax  Commissioner's.  Pequaig  Soapstone 
Company.  S.  J.  C.  Information  for  injunction  for  violation 
of  section  38,  chapter  13.  Complied  with.  Costs  received 
and  paid  over.     Information  dismissed. 

Attorney-General  ex  rel.  Tax  Commissioner  us.  Riverside  Water 
Company.  S.  J.  C.  Information  for  injunction  for  violation 
of  section  38,  chapter  13,  Public  Statutes.  Complied  with. 
Costs  received  and  paid  over.-    Information  dismissed. 

Attorney-General  ex  rel.  Tax  Commissioner  vs.  Dauvers  Electric 
Company.  S.  J.  C.  Information  for  injunction  for  violation 
of  section  38,  chapter  13,  Public  Statutes.     Injunction  issued. 

Attorney-General  ex  rel.  Tax  Commissioner  us.  Knox  Hill  "Water 
Company.  S.  J.  C.  Information  for  injunction  for  violation 
of  section  54,  chapter  106,  Public  Statutes.  Complied  with. 
Fee  and  costs  received  and  paid  over.    Information  dismissed. 

Attorney-General  ex  rel.  Tax  Commissioner  vs.  Boston  Tag  and 
Printing  Company.  S.  J.  C.  Information  for  injunction  for 
violation  of  section  5-1,,  chapter  106,  Public  Statutes.  Com- 
plied with.  Fee  and  costs  received  and  paid  over.  Informa- 
tion dismissed. 

Petition  of  South  Shore  Steamship  Compau}'  for  dissolution.  Tax 
Commissioner's  consent  filed. 

Attorney  ex  rel.  Tax  Commissioner  us.  Stoneham  and  Wakefield 
Electric  Light  and  Power  Company.  S.  J.  C.  Information 
for  injunction  for  violation  of  section  ;18,  chapter  13,  Public 
Statutes.     Injunction  issued. 

Attorney-General  ex  rel.  Tax  Commissioner  us.  Framingham 
Union  Street  Railway  Company.  S.  J.  C.  Information  for 
injunction  for  violation  of  section  38,  of  chapter  13,  Public 
Statutes.     Injunction  issued. 


1891.]  PUBLIC   DOCUMENT— No.  12.  29 

Attorney-General  ex  rel.  Tax  Commissioner  vs.  Springfield  Brass 
Company.  S.  J.  C.  Information  for  injunction  for  Violation 
of  section  38,  cliapter  13,  Public  Statutes.  Complied  with. 
Costs  received  and  paid  over. 

Attorney-General  "  ex'  reJ.  Tax  Commissioner  vs.  Marlborough 
Gaslight  Company.  S.  J.  C  Information  for  injunction 
for  violation  of  section  38,  chapter  13,  Public  Statues.  Com- 
plied with.  Costs  received  and  paid  over.  Information  dis- 
missed. 

Petition  of  Benjamin  J.  Banquoit  for  writ  of  habeas  corpus.  Peti- 
tion refused. 

Attorney-General  ea;  rel.  Commissioner  of  corporations  t'.s,  Atlantic 
and  Pressed  Yeast  Company.  Violation  of  chapter  330,  Acts 
of  1884.     Complied  with. 

Attorney-General  ex  rel.  Commissioners  of  Savings  Banks  vs.  G. 
A.  Millay.  S.J.  C.  Violation  of  chapter  310,  Acts  of  1890. 
Petition  filed.     Injunction  issued.     Costs  received  and  paid 


Attorney-General  ex  rel.  Commissioner  of  Corporations  vs.  the 
Boston  Macaroni  Manufacturing  Company.  Violation  of 
chapter  106,  section  54,  Public  Statutes.     Pending. 

Petition  of  Leonard  R.  Cutter  for  damages  for  property  taken  at 
liJ  Mt.  Vernon  Street,  under  chapter  449,  Acts  of  1888. 
Superior  Court,  Suffolk,  ss.     Pending. 

Attorney-General  ex  rel.  Commissioner  of  Corporations  vs. 
Thomas  L.  Judson  Manufacturing  Company.  Violation  of 
chapter  330,  Acts  of  1884.     CompUed  with. 

Directors  of  Boston  &  Albany  Railroad  Company,  petitioners. 
Petition  for  abolition  of  grade  crossing  at  North  Wilbra- 
ham  station.  Commissioners  appointed.  Hearings  (3)  had. 
Pending. 

Selectmen  of  Norwood,  petitioners.  Petition  for  abolition  of 
grade  crossings  at  Washington  and  Chapel  streets.  Pending. 
Same,  Guild  Street. 

Attorney-General  ex  rel.  Commissioner  of  Corporations  vs.  Gor- 
mully  &  Jeffrey's  Manufacturing  Compan3^  Failure  to 
comply  with  chapter  330,  Acts  of  1884.     Complied  with. 

Directors  of  Old  Colony  Railroad  Company,  petitioners.  Petition 
for  abolition  of  grade  crossing  in  Marlborough,  Fisher's 
crossing.     Pending. 

Directors  of  Old  Colony  Railroad  Company,  petitioners.  S.  C. 
Petition  for  abolition *of  grade  crossing  on  road  from  Marl- 
borough to  Westborough.      Pending. 


30      ATTORNEY- GENERAL'S  REPORT.    [Jun. 

Petition  of  Boston  Daily  Advertiser  for  dissolution.  S.  J.  C. 
Tax  Commissioner's  consent  filed. 

Petition  of  city  of  Boston  for  assessment  of  damages  for  laud 
taken  by  Metropolitan  Sewerage  Commissioners.     Pending. 

Attorney-General  ex  rel.  Gas  and  Electric  Light  Commissioners  vs. 
Citizens'  Gas  Light  Company  of  Quiucy.  S.  J.  C.  Infor- 
mation for  injunction  for  violation  of  section  7,  chapter  314, 
Acts  of  1885.  Complied  with.  Costs  received  and  paid 
over.     Information  dismissed. 

Attorney-General  ex  rel.  Board  of  Gas  and  P^lectric  Light  Com- 
missioners-ws.  Gardner  Gas  Light  Company.  S.  J. C.  Infor- 
mation for  injunction  for  violation  of  section  7,  chapter  314, 
Acts  of  1885.  Complied  with.  Costs  received  and  paid 
over.     Information  dismissed. 

Attorney-General  ex  rel.  Board  of  Gas  and  P^lectric  Light  Com- 
missioners vs.  Middleborough  Gas  and  Electric  Company. 
S.  J.  C.  Information  for  injunction  for  violation  of  section 
7,  chapter  314,  Acts  of  1885,  as  amended.  Complied  with. 
Costs  received  and  paid  over.     Information  dismissed. 

Attorney-General  ex  rel.  Board  of  Gas  and  P^lectric  Light  Com- 
missioners vs.  Lee  Gas  Light  Company.  S.  J.  C.  Infor- 
mation for  injunction  for  violation  of  section  7,  chapter  314, 
Acts  of  1885,  as  amended.  Complied  with.  Costs  received 
and  paid  over.     Information  dismissed. 

Attorney-General  ex  rel.  Board  of  Gas  and  Electric  Light  Com- 
missioners vs.  Adams  Electric  Light  and  Power  Company. 
S.  -J.  C.  Information  for  injunction  for  violation  of  section 
7,  chapter  314,  Acts  of  1885,  as  amended.  Complied  with. 
Costs  received  and  paid  over.     Information  dismissed. 

Attorney-General  ex  rel.  Board  of  Gas  and  Electric  Light  Com- 
missioners vs.  Edison  Electric  Illuminating  Company  of 
Lawrence.  S.  J.  C.  Information  for  injunction  for  violation 
of  section  7,  chapter  314,  Acts  of  1885,  as  amended.  Com- 
plied with.  Costs  received  and  paid  over.  Information 
dismissed. 

Attorney-General  ex  rel.  Board  of  Gas  and  Electric  Light  Com- 
missioners vs.  Middleborough  Electric  Light  and  Power  Com- 
pany. S.  J.  C.  Information  for  injunction  for  violation  of 
section  7,  chapter  314,  Acts  of  1885,  as  amended.  Complied 
with.     Costs  received  and  paid  over.     Information  dismissed. 

Attorney-General  ex  rel.  Board  of  Gas  and  Electric  Light  Com- 
missioners vs.  Milford  P^lectric  Light  and  Power  Company.  S. 
J.  C.  Information  for  injunction  for  violation  of  section  7, 
chapter  314,  Acts  of  1885,  as  ^amended.  Complied  with. 
Costs  received  and  paid  over.     Information  dismissed. 


1891.]  PUBLIC   DOCUMENT— No.  12.  31 

Attorney-General  ex  rel.  Board  of  Gas  and  Electric  Light  Com- 
missioners vs.  North  Attleborough  Steam  and  Electric  Com- 
pany. S.  J.  C.  Information  for  injunction  for  violation  of 
section  7,  chapter  314,  Acts  of  1885,  as  amended.  Com- 
plied with.  Costs  received  and  paid  over.  Information  dis- 
missed. 

Attorney-General  ex  rel.  Board  of  Gas  and  Electric  Light  Com- 
missioners vs.  Pittsfield  Illuminating  Company.  S.  J.  C. 
Information  for  injunction  for  violation  of  section  7,  chapter 
314,  Acts  of  1885,  as  amended.  Complied  with.  Costs 
received  and  paid  over.     Information  dismissed. 

Attorney-General  ex  rel.  Board  of  Gas  and  Electric  Light  Com- 
missioners vs.  Union  Electric  Light  Company  of  Franklin. 
S.  J.  C.  Information  for  injunction  for  violation  of  section 
7,  chapter  314,  Acts  of  1885,  as  amended.  Complied  with. 
Costs  received  and  paid  over.     Information  dismissed. 

■  Attorney-General  ex  rel.  Board  of  Gas  and  Electric  Light  Com- 
missioners vs.  LTnion  Electric  Light  Company  of  Springfield. 
S.  J.  C.  Information  for  injunction  for  violation  of  section 
7,  chapter  314,  Acts  of  1885.  Complied  with.  Costs  received 
and  paid  over.     Information  dismissed. 

Attorney-General  ex  rel.  Board  of  Gas  and  Electric  Light  Com- 
missioners vs.  Ware  Electric  Light  Company.  S.  J.  C. 
Information  for  injunction  for  violation  of  section  7,  chapter 
314,  Acts  of  1885.  Complied  with.  Cost  received  and  paid 
over.     Information  dismissed. 

Attorney-General  ex  rel.  Board  of  Gas  and  Electric  Light  Com- 
missioners vs.  Weymouth  Light  and  Power  Company.  S.  J. 
C.  Information  for  injunction  for  violation  of  section  7, 
chapter  314,  Acts  of  1885.  Complied  with.  Costs  received 
and  paid  over.     Information  dismissed. 

Petition  of  Newbury  port  Quarry  Company  for  dissolution.  Tax 
Commissioner's  consent  filed. 

Babbidge  et  al,  executor,  vs.  Vittum  et  al.  Construction  of  will. 
Attorney-General's  appearance  filed.     Pending. 

Petition  of  Massachusetts  Portable  Railroad  Company  for  dissolu- 
tion.    Tax  Commissioner's  consent  filed. 

Commonwealth  ex  rel.  Savings  Bank  Commissioners  vs.  Stock- 
bridge  Savings  Bank.  Petition  for  injunction  and  appoint- 
ment of  a  receiver.     Injunction  issued. 

Petition  of  Sanford  Mills  for  dissolution.  Tax  Commissioner's 
consent  filed. 


32  ATTOKNEY-GENERAL'S   REPORT.        [Jan. 

Petition  of  Dodge  Shore  Compaoy  for  rlissolutioa.  Tax  Commis- 
sioner's consent  filed. 

Petition  of  tlie  Central  Wharf  Compan}'  of  Wellfleet  for  dissolu- 
tion.    Tax  Commissioner's  consent  tiled. 

Petition  of  Danvers  Bleachery  for  dissolution.  Tax  Commis- 
sioner's consent  filed. 

Attornej'-General  ex  rd.  Insurance  Commissioner  vs.  Anglo  Nevada 
Assurance  Corporation.  Molatiun  of  section  20,  chapter  214, 
Acts  of  1887.     Pending. 

Directors  of  New  York  &  New  England  Railroad  Company,  peti- 
tioners. Petition  for  abolition  of  grade  crossings  in  Nor- 
wood, Washington  Chapel  and  Guild  streets  and  Railroad 
Avenue.     Pending. 

Petition  of  the  mayor  and  aldermen  of  the  city  of  Worcester  for 
abolition  of  grade  crossings,  Milbrook,  Garden,  Lincoln,. 
Market,  School,  Thomas,  Central,  Exchange,  Summer  and 
Shrewsbury  streets.     Pending. 

Trustees  of  Horton  fund  v.s.  Attorney-General.  Construction  of 
will.     Appearance  and  answer  of  Attorney-General  filed. 

Petition  of  selectmen  of  West  Springfield  for  abolition  of  grade 
crossings,  Baldwin  and  Cold  Spring  streets.  Commissioners 
appointed.     Pending. 

Attornej'-General  ex  rel.  Treasurer  vs.  Dunbar  Company.  Infor- 
mation for  injunction  for  violation  of  section  38,  chapter  13, 
Public  Statutes.  Complied  with.  Costs  received  and  paid 
over. 

Attorney- General  ex  rel.  Treasurer  vs.  Buxton  Seed  Company. 
Claim  in  insolvency,  S103.88.     Received  and  paid  over. 

Nellie  S.  Mullen,  petition  for  habeas  corpus.     Petition  dismissed. 

Attorney-General  ex  rel.  Treasurer  vs.  Norton  Manufacturing 
Company.     Claim  in  insolvency.     Pending. 

Attorney-General  ex  rel.  Treasurer  vs.  Meigs  PLlevated  Railway 
Construction  Company.  S.J.  C.  Information  for  injunction 
for  non-payment  of  corporation  tax.     Pending. 

Attorney-General  ex  rel.  Treasurer  vs.  Meigs  Elevated  Railway 
Company.  Information  for  injunction  for  non-payment  of 
corporation  tax.     Pending. 

Petition  of  Erancis  W.  Lawrence  vs.  Commonwealth.  Petition 
for  jury  to  assess  damages  for  taking  of  land  by  Metropolitan 
Sewerage  Commissioners.     Pending. 


1891.]  PUBLIC   DOCUMENT— No.  12.  33 

Petition  of  Francis  W.  Lawrence  et  al.,  trustees,  vs.  Common- 
wealth. Petition  for  jury  to  assess  damages  for  taking  of 
land  by  Metropolitan  Sewerage  Commissioners.     Pending. 

Petition  of  George  Wheatland,  Jr.,  vs.  Commonwealth.  Petition 
for  jury  to  assess  damages  for  taking  of  land  by  Metropolitan 
Sewerage  Commissioners.     Pending. 

Petition  of  Metropolitan  Sewerage  Commissioners  for  appointment 
of  commissioners  under  section  13,  chapter  449,  Acts  of 
1889.     S.  J.  C.     Pending. 

The  Attorney-General  ex  rel.  Board  of  Gas  and  Electric  Light 
Commissioners  vs.  Spencer  Gas  Company.  Violation  of 
section  14,  chapter  61,  Public  Statutes.     Proceedings  stayed 


The  Attorney-General  ex  rel.  Board  of  Gas  and  Electric  Light 
Commissioners  vs.  Amherst  Gas  Company.  Violation  of 
section  18,  chapter  105,  section  39,  chapter  106,  section  11, 
chapter  61,  Public  Statutes;  and  section  6,  chapter  346, 
Acts  of  1886.  Proceedings  stayed  at  suggestion  of  the 
Board. 

Petition  of  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.  Meigs  Elevated  Rail- 
way Company.  S.  J.  C.  Injunction  for  non-payment  of 
corporation  tax  for  1888.  Tax  and  costs  received  and  paid 
over.     Information  dismissed. 

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

The  Attorney-General  ex  rel.  Insurance  Commissioner  vs.  United 
States  Mutual  Relief  Association.  Petition  for  appointment 
of  receiver.  E.  H.  Moore  appointed.  J.  F.  Colby  appointed 
master.     Reports  filed  and  accepted.     Dividends  paid. 

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

The  Attorney-General  ex  rel.  Board  of  Gas  and  Electric  Light 
Commissioners  vs.  Amesbury  and  Salisbury  Gas  Company. 
Violation  of  section  14,  chapter  61,  Public  Statutes.  Pro- 
ceedings stayed  at  suggestion  of  the  Board. 


34  ATTORNEY-GENERAL'S   REPORT.         [Jan. 

The  Attorney-General  ex  rel.  Board  of  Gas  and  Electric  Light 
Commissioners  vs.  Miller's  River  Gas  Light  Company.  Vio- 
lation of  section  14,  chapter  Gl,  Public  Statutes.  Proceed- 
ings stayed  at  suggestion  of  Board. 

The  Attorney-General  ex  rel.  Board  of  Gas  and  Electric  Light 
Commissioners  vs.  Cottage  City  Gas  Company.  Violation  of 
section  14,  chapter  61,  Public  Statutes.  Proceedings  stayed 
at  suggestion  of  the  Board. 

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.  Com- 
plied with.  Costs  of  prosecution  paid.  Information  dis- 
missed. 

The  Attorney-General  ex  rel.  Board  of  Gas  and  Electric  Light 
Commissioners  vs.  AValworth  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,  Acts  of  1887.  Com- 
plied with. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Springfield  Bicycle 
Manufacturing  Company.  Claim  in  insolvency  for  corpora- 
tion tax.     Received  and  paid  over. 

The  Attorney-General  ex  rel.  Insurance  Commissioner  vs.  Boston 
Fraternal  Accident  Association.  Violation  of  chapter  183, 
Acts  of  1885.  Injunction  issued.  Receiver  appointed. 
Final  account  allowed. 

Commonwealth  ex  rel.  Commissioner  of  Corporations  vs.  Milford 
Aqueduct  Company.  Failure  to  make  returns,  under  section 
54,  chapter  106,  Public  Statutes.  Petition  for  dissolution. 
Dissolution  decreed. 

E.  J.  Russell,  warden  of  State  Prison,  vs.  the  T.  P.  Baker  Mould- 
ing Company.     Claim  in  insolvency.     Pending. 

Commonwealth  vs.  C.  F.  Libby.  In  Superior  Court.  Action  for 
replevin  to  recover  colonial  manuscripts.  Settled.  See 
Resolve,  181)0. 

Petition  of  Everett  S.  Kelly,  Effie  J.  Kelly  and  Horace  H.  Kelly, 
minors,  vs.  Board  of  Lunacy  and  Charity.  Petition  for  writ 
of  habeas  corpus.  Argued  before  full  court.  Petition 
allowed. 


1891.]  PUBLIC   DOCUMENT  — No.  12.  35 

The  Attorney-General  ex  rel.  Treasurer  vs.  Mount  Tom  Elastic 
Fabric  Company.  Claim  in  insolvency  for  corporation  tax. 
Received  and  paid  over. 

Petition  to  perpetuate  testimony  of  Charles  I.  Johnson.  Testi- 
mony taken  and  on  file. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Western  Union  Tele- 
graph Company.  Injunction  for  non-payment  of  corporation 
tax  of  1889.     Taken  to  United  States  Court. 

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

The  Attorney-General  ex  rel.  Treasurer  vs.  Blackburn  Valve  Com- 
pany. Injunction  for  non-payment  of  corporation  tax  of 
1888.     Injunction  issued. 

The  Attorney-General  ex  rel.  Treasurer  i;s.  Norton  Manufacturing 
Company.  Injunction  for  non-payment  of  corporation  tax  of 
1888.     Claim  filed  in  insolvency. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Powwow  Co-operative 
Society  of  Amesbury  and  Salisbury.  Injunction  for  non- 
payment of  corporation  tax  of  1888.     Dismissed.     No  assets. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Security  Associates. 
Non-payment  of  corporation  tax  of  1888.  Tax  and  interest 
received  and  paid  over. 

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

Commonwealth  vs.  Rowland  Cowper  for  board  in  Danvers  Lunatic 
Hospital.     Received  and  paid  over. 

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

Commonwealth  vs.  H.  B.  Miller  for  board  in  Danvers  Lunatic 
Hospital.     Receis^ed  and  paid  over. 

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

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


36      ATTORNEY- GENERAL'S  REPORT.    [Jan. 

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  Common- 
wealth on  the  Back  Bay.  Trial  had  before  single  justice. 
Case  reported  to  the  full  court.     Pending. 

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.     Pending. 

Commonwealth  vs.  Middlesex  Central  Railroad  Company  and  Bos- 
ton &  Lowell  Railroad  Company.  Middlesex  County  Commis- 
sioners. Petition  for  award  of  damages  under  chapter  10, 
Acts  of  1879.  Finding  for  the  Commonwealth,  $375.  Costs 
received  and  paid  over. 

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

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

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

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

The  Attorney-General  ex  rel.  Treasurer  vs.  The  Midland  Improve- 
ment and  Construction  Company.  S.  J.  C.  Suit  for  taxes 
of  1882.  Affairs  in  the  hands  of  a  receiver.  Received  and 
paid  over.     Information  dismissed. 

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. 


1891.]  PUBLIC   DOCUMENT  — No.  12.  37 

The  Attorney-General  ex  reh  Commissioner  of  Corporations  vs. 
Standard  Sewer  Trap  Company.  Failure  to  comply  with 
chapter  330,  Acts  of  1884.     Complied  with. 

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

The  Attorney-General  ex  rel.  Treasurer  vs.  Miller's  River  Gas 
Light  Company.  Violation  of  chapter  14,  section  61,  Public 
Statutes.     Discontinued  at  suggestion  of  Board. 

The  Attorney-General  ex  rel.  AVilliam  R.  Maun  and  other,  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.  Decree  for 
defendants. 

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.     Pending. 

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

The  Attorney-General  ex  rel.  Treasurer  vs.  Town  of  Rockland. 
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  Newbury- 
port.  Board  of  pauper  in  School  for  the  Feeble-minded. 
Pending. 

The  Attorney-General  ex  rel.  Insurance  Commissioner  vs.  Massa- 
chusetts Standard  Benefit  Company.  S.  J.  C.  Violation  of 
chapter  183,  Acts  of  1885.  Injunction  issued.  Receiver  and 
master  appointed.     First  account  filed. 

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

The  Attorney-Genei-al  ex  rel.  Treasurer's.  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. 


38      ATTORNEY- GENERAL'S  REPORT.    [Jun. 

The  Attonie3'-Geueral  ex  rel.  Treasurer  vs.  Town  of  Peabody. 
Board  of  pauper  in  Worcester  Hospital.     Pendiug. 

The  Attorney-General  ex  -rel.  Commissioner  of  Corporations  vs. 
H,  N.  Slater  Company.  Failure  to  make  returns,  under 
section  54,  chapter  106,  Public  Statutes.     Complied  with. 

Charles  E.  Stevens  and  Thomas  Harrington,  Commissioners  of 
Dudley  Indians,  vs.  Commonwealth.  S.  J.  Court.  Suit  for 
money  alleged  to  be  held  in  trust  by  the  State. 

Fitchburg  Savings  Bank  vs.  Treasurer  of  the  Commonwealth. 
Petition  for  refunding  of  tax.  Decided  by  Commonwealth 
vs.  Suffolk  Savings  Bank. 

The  Attorney-General  ex  rel.  Treasurer  vs.  Boston  Coffee  House 
Company.  S.  J.  C.  Injunction  for  failure  to  make  returns, 
under  Public  Statutes,  chapter  13,  section  38.  Complied 
with.  Costs  received  and  paid  over.  Information  dis- 
missed. 

The  Attorney-General  ex  rel.  Treasurer  vs.  the  Dunbar  Company. 
S.  J.  C.  Injunction  for  failure  to  make  returns,  under  Pub- 
lic Statutes,  chapter  13,  section  38.  Complied  with.  Costs 
received  and  paid  over.     Information  dismissed. 

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

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

The  Attorney-General  ex  rel.  Treasurer  vs.  Suffolk  County  Dem- 
ocrat. Injunction  for  failure  to  make  returns,  under  Public 
Statutes,  chapter  13,  section  38.     Injunction  issued. 

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

The  Attorney-General  ex  rel.  Treasurer  vs.  Charles  W.  Copeland 
Manufacturing  Company.  Injunction  for  non-payment  of 
corporation  tax  for  1888.  Tax,  interest  and  costs  received 
and  paid  over. 

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


1891.]  PUBLIC   DOCUMENT  — No.  12.  39 

Commonwealth  ex  rel.  Commissioner  of  Corporations  vs.  Hub 
Stove  and  Lighting  Company.  Failure  to  make  returns,  under 
section  54,  chapter  106,  Public  Statutes.  Petition  for  disso- 
lution.    Dissolution  decreed. 

Commonwealth  ex  rel.  Commissioner  of  Corporations  vs.  United 
States  Cartridge  Company.  Failure  to  make  returns,  under 
section  54,  chapter  106,  Public  Statutes.  Petition  for  disso- 
lution.    Dissolution  decreed. 

Commonwealth  ex  rel.  Commissioner  of  Corporations  vs.  Atherton 
Machine  Co  Failure  to  make  returns,  under  section  54, 
chapter  106,  Public  Statutes.  Petition  for  dissolution.  Dis- 
solution decreed. 

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

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

The  Attorney-General  ex  rel.  Treasurer  vs.  Western  Union  Tele- 
graph Company.  S.  J.  C.  Injunction  for  non-payment  of 
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  of  1887. 
Removed  to  United  States  Circuit  Court,  which  see. 

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

Same  vs.  Reading  Savings  Bank.     Same.     Final  report. 

Commonwealth  vs.  Fitchburg  Railroad  Company.  Superior 
Court,  Suffolk.  Action  of  contract  for  rent  under  lease  of 
Southern  Vermont  Railroad  Company.  Judgment  for  Com- 
monwealth. 

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.  Decree  for 
Commonwealth. 

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

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


40  ATTORNEY- GENERAL'S   REPORT.        [Jtm. 

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  us.  the  estate  of  Timothy 
J.  Dacey,  guardian  of  Henry  Fall,  for  board  at  Northampton 
Hospital.  Balance  of  account  received,  6254.42,  and  paid 
over. 

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

Commonwealth,  by  Commissioner  of  Corporations,  vs.  Pilgrim 
Wharf  Company.  Petition  for  dissolution  for  failure  to  make 
returns  for  two  years.     Publication  ordered. 

The  Attorney-General  ex  rel.  Tax  Commissioner  ex  rel.  — 
Abbott  Spinner  Company. 
Advertiser  Newspaper  Company. 

American  Chlorine   and   Chemical  Manufacturing  Com- 
pany. 
Andover  Review,  The. 
Bakers  Pond  and  Drain  Fishing  Company. 
Barnaby  Manufacturing  Company. 
Bay  State  Electric  Light  and  Power  Company. 
Berkshire  Heights  Land  Company. 
Berkshire  Heights  Water  Company. 
Boston  &  Revere  Electric  Street  Railway. 
Boston  Car  Spring  Company. 
Boston  Lighterage  and  Towage  Company. 
Boston  Water  Trust  and  Investment  Company. 
Cambridge  Improvement  Company. 
Chamberlain  Manufacturing  Company. 
Chelsea  Safe  Deposit  and  Trust  Company. 
Chelsea  Wire  Fabric  Company. 
Clinton  Market  Company. 
Coburn  Shuttle  Company'. 
Columbia  Rubber  Company. 
Craig  &  Richards  Granite  Company. 
Crosby  Steam  Gage  and  Valve  Company. 
Danvei^  Electric  Company. 
Dedham  Electric  Company. 


1891.]  PUBLIC   D0CUMP:NT  — Xo.  12.  41 

The  Attorney-General  ex  rel.  Tax  Commissioner  ex  rel.  — 
Diamond  Safety  Razor  Company. 
Dorchester  Chemical  Company. 
Draper  Manufacturing  Company. 
Dubois  Lithographic  Company,  The. 
E.  J.  W.  Morse  Company. 
Elwell  Heddie  Company,  The. 
Emerson  Power  Scale  Company,  The. 
Fall  River  Merino  Company,  The. 
Foundry  Supply  Company,  The. 
Framingham  Union  Street  Railroad  Company. 
Franklin  Telegraph  Company. 
Grant  Corundum  Wheel  Company. 
H.  A.  Williams  Manufacturing  Company. 
Hampden  Watch  Company. 
Hancock  Inspirator  Company. 
Haverhill  Iron  Works,  The. 
Holmes  Hole  Marine  Railroad  Company. 
Household  Publishing  Company. 
Hull  Street  Railroad  Company. 
Hyde  Park  &  Dedham  Street  Railroad  Company. 
Ipswich  Co-operative  Creamery  Company. 
J.  Baker  &  Bros.  Manufacturing  Company. 
J.  H.  Salter  Silk  Company. 
Kingston  Co-operative  Foundry  Company. 
L.  A.  May  Company,  The. 
Lowell  Knitting  Machine  Company. 
Meadow  Company. 
Merrimac  Spinning  Company. 
Merrimac  Valley  P'elt  and  Woolen  Company. 
Metallic  Splice  Manufacturing  Company. 
Metropolitan  Cab  Company. 
Middlesex  Land  Company. 
Milford  Electric  Light  and  Power  Company. 
Milton  Granite  Company. 
Milton  Electric  Light  and  Power  Company. 
Milton  Manufacturing  Company. 
Morley  Paper  Company. 
N.  Rich  Fish  Weir  Company. 
Nantasket  Beach  Hotel. 
New  England  Fibre  Company. 
North  Brookfield  Electric  Company. 
North  Shore  Electric  Company. 
O.  T.  Rogers  Granite  Company. 


42      ATTORNEY- GENERAL'S  REPORT.    [Jan. 

The  Attorney-General  ex  rel.  Tax  Commissioner  ex  rel.  — 
Oriental  Coal  Oil  Company. 
Palmer  Co-operative  Company. 
Pequaig  Soapstone  Company,  The. 
Pomeroy  Iron  Company,  The. 
Potter  Ore  Bed  Company,  The. 
Prang  Educational  Company. 
Pure  Flowing  Water  Company. 
Quincy  Market  Cold  Storage  Company. 
Randolph  &  Holbrook  Light  and  Power  Company 
Randolph  P^lectric  Light  and  Power  Company. 
Rational  Horseshoeing  Company. 
Raymond  Skate  Company. 
Riverside  Lumber  Company. 
Riverside  Water  Company. 
Roxbury  Electric  Light  Company. 
Roxbury  Stone  Company. 
Salter  Silk  Company. 

Shelburne  Falls  Electric  Light  and  Power  Company. 
Springfield  Brass  Company.    . 
Sterling  Lithographic  Company. 

Stone  and  Wakefield  Electric  Light  and  Power  Compan3\ 
Stoneham  Co-operative  Shoe  Company. 
Stoughton  Gaslight  Company. 
Suburban  Light  and  Power  Company. 
Suffolk  Cordage  Company. 
Texas  Construction  Company. 
Traveller  Newspaper  Company. 
Turner's  Falls  Driving  Association. 
Union  Glass  Company. 

Vineyard  Haven  Gas  and  Electric  Company. 
Vineyard  Haven  Marine  Railroad  Company. 
Villa  Paint  and  Ornamental  Company. 
Wakefield  Electric  Light  and  Power  Company. 
Wakefield  Water  Company. 
Ware  River  Manufacturing  Company. 
Western  Union  Telegraph  Company. 
Westfield  Street  Railroad  Company. 
Weymouth  Light  and  IPower  Company. 
WiUiston  Mills. 

Winthrop  Electric  Street  Railroad  Company. 
Winthrop  Gas  Company. 
Worcester  Bedding  Manufacturing  Company. 
National  Horseshoeing  Company. 


1891.]  PUBLIC   DOCUMENT  — No.  12.  43 


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  1889.  From  State  court.  Await- 
ing decision  of  cases  before  Supreme  Court. 

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

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.  Injunction  for  non- 
payment of  corporation  tax  of  1886-87-88.  Decree  for 
Attorney-General.     Appealed  to  Supreme  Court. 


United  States  Supreiie  Court. 

The  Attorney-General  ex  rel.  Treasurer  of  the  Commonwealth  vs. 
Western  LTnion  Telegraph  Company.  Information  for  injunc- 
tion for  non-payment  of  corporation  taxes,  1886-87-88. 
Appeal  from  Circuit  Court.  (Massachusetts  District.) 
Argued  but  not  decided. 

Arthur  Manchester  vs.  Commonwealth.  Appeal  from  State  Court. 
Menhaden  fishery.  Jurisdiction  of  State  authorities.  Argued 
but  not  decided. 

John  F.  Brown  vs.  Commonwealth.  Writ  of  error.  Jurisdiction 
of  court.     Not  yet  heard. 


44  ATTORNEY- GENERAL'S   REPORT.        [Jan. 


COLLECTIONS 


Albany  Street  Freight  Railway  Company,     Tax,        $147  20 

Int.,  1  50 


Atlas  Palp  Company, 

Boston  Advertising  Company,  . 
Boston  Wall  Paper  Company,    . 
Braintree  Water  Supply  Company,    . 
Budget  Publishing  Company,     . 
Cassino  Art  Company,        .        .         .         . 
Clias.  W.  Copeland  Manufacturing  Corn- 


Citizen's  Gaslight  Company  of  Quincy,     .     Tax, 

Dedham  Electric  Company, 

Educational  Supply  Company,   . 

Electric  and  Machine  Company, 

Foote  Refrigerator  Company,    . 

Gardner  Gaslight  Company, 

Geo.  E.  Reed  Furniture  Company,     . 

H.  A.  Williams  Manufacturing  Company,     Tax 


Tax, 
Int., 

'  $147  20 
9  61 

Tax, 
Int., 

$36  80 
1  21 

Tax, 
Int., 

$58  88 
1  64 

Tax, 
Int., 

$294  40 
13  24 

Tax, 
Int., 

$420  99 
13  05 

Tax, 
Int., 

$110  40 
7  15 

Tax, 
Int., 

$73  60 
1  62 

Tax, 
Int., 

$18  40 
44 

Tax, 
Int., 

$44  16 
1  39 

Tax, 
Int., 

$368  00 
7  36 

Tax, 
Int., 

$147  20 
3  92 

Tax, 
Int., 

$88  32 
3  53 

Tax, 
Int., 

$35  33 

1  47 

Tax, 
Int  , 

$21  34 
68 

Tax, 
Int., 

$103  04 
4  12 

Tax, 
Int., 

$359  54 
17  97 

$148  70 
156  81 
38  01 
60  52 


(5  22 


151  12 
91  85 
36  70 
22  04 
107  16 
377  51 


Tax,     $2,088  77 
Int.,  74  47 


1891.]  PUBLIC   DOCUMENT  — No.  12. 

Hampden  Watch  Company, 

Hancock  Inspirator  Company,   . 

Howard  Printing  Company,  The, 

Haverhill  Roller  Toboj?gan  Company 

Hero  Cough  Syrup  Company,     . 

Lancaster  "Water  Company, 

Lewis  Engraving  Company, 

Long  Beach  Railroad  Company, 

Lynn  Belt  Street  Railway  Company, 

Lynn  Ice  Company,    .... 

Magneso  Calcite  Fire-proof  Company 

Mansfield  Co-operative  Furnace  Company,     Tax 


Manufacturing  Gazette  Publishing   Com- 
pany,      


Martha's  Vineyard  Railroad  Company, 
Martha's  Vineyard    Street  Railway  Com- 


pany, 


Mt.  Tom  Elastic  Fabrics  Company, 
Nantucket  Railroad  Company,  . 

National  Fireworks  Company,  . 

Nonantura  "Worsted  Company,  . 

Old  Spain  Co-operative  Company, 

Plum  Island  Street  Railway  Company, 


Tax, 
Int., 

$750  72 
23  27 

Tax, 

Int., 

$73  60 
2  33 

Tax, 
Int., 

$88  32 
3  53 

Tax, 
Int., 

$44  16 
1  70 

Tax, 
Int., 

$294  40 
2  94 

Tax, 
Int., 

$29  44 
97 

Tax, 
Int., 

$15  90 
1  47 

Tax, 
Int., 

$103  04 
3  09 

Tax, 
Int., 

$632  96 
30  14 

Tax, 
Int., 

$159  42 
4  56 

Tax, 
Int., 

$8  10 
33 

Tax, 

Int., 

$70  6G 
4  58 

Tax, 
Int., 

$52  99 
1  70 

Tax, 
Int., 

$51  52 
1  13 

Tax, 


Tax,  $96  42 

Int.,  7  72 


Tax, 
Int., 

$206  08 
6  38 

Tax, 
Int., 

$3,746  24 
106  14 

Tax, 
Int., 

$22  08 
84 

Tax, 

Int., 

$331  20 
10  71 

45 

$2,163  24 

773  99 

76  03 

91  85 


30  41 
16  37 
106  13 
663  10 
163  98 
8  43 

75  24 


52  65 

11  78 


104  14 

212  47 

3,852  38 

22  92 

341  91 


4G      ATTORNEY- GENERAL'S  REPORT.    [Js 


Franker  Manufacturing  Company,    .        .     Tax,  $73  60 

Int.,  2  OG 

Raymond  Skate  Company,          .        .        .     Tax.  $441  60 

Int.,  19  85 


§75  66 


S   A.  Wood  Machine  Company,  .        .     Tax,     $1,906  24 

Int.,  45  10 

1,951  34 

Springfield  Bicycle  Company,    .         .        .     Tax,  294  40 

Suspension  Transportation  Company,       .     Tax,        $368  00 

Int.,  10  30 


Wakefield  Water  Company,        .         .         .     Tax,  $462  21 

Int.,  14  70 

Waltham  Tribune  Company,      .         ,         .     Tax,  $91  26 

Int.,  2  65 


Sullblk  Co-operative  Banks  Tax, 


Miscellaneous. 

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

Richard  Cowper,  for  board  of  patient  at  Danvers  Lunatic 
Hospital  during  1889, 

H.    B.    Miller,   for  board   of    patient   at   Danvers   Lunatic 
Hospital  to  1889, 


378  30 

476  91 

93  91 


Westfield  Brick  Company,  .        .        .     Tax,  $25  02 

Int  ,  65 

25  67 

Walter  Heywood  Chair  Company  (on  account),     .         .         .  1,125  97 

Security  Associates  (on  account), 400  00 


Total  corporation  taxes,  1889, $17,012  16 

Corporation  Taxes,  Generally. 

Charles     W.     Copeland      Manufacturing 

Company, Tax,  .$64  40 

Int.,  9  27 

Meigs  Elevated  Railway  Company,    .         .     Tax,         $293  60 
*  Int.,  49  32 

Security  Associates, Tax,     $2,202  00 

Int.,  299  23 


Midland  Improvement  and    Construction 

Company,  tax  of  1882,  .         .        .     Tax, 

Citizens' Gaslight  Company  of  Quincy,      .     Tax,  $25  71 

Int.,  1  44 

Gardner  Gaslight  Company,  (proportion  Board  Gas  Commis- 
sioners' expenses,  1889),   

Citizens' Gaslight  Company  of  Qaincy,  (proportion  inspector 
of  gas  and  meters  tax) , 


$73  67 

342  92 

2,501  23 

1,910  00 

27  22 

63 

3  37 

6  01 

$4,865  05 

$254  42 

133  85 

49  98 

1891.]           PUBLIC   DOCUMENT  — No.  12.  47 

Francis  H.  Skerrie,  for  board  of  patient  at  Danvers  Lunatic 

Hospital  during  1889, $30  00 

Estate  John  Baldwin,  board  of  patient  at  Chronic  Asylum,  485  00 

Lord  &  Gale  Manufacturing  Company,  fee  for  certificate  of 

condition, 5  00 

Charles  W.  Copeland  Company,  fee  for  certificate  of  condi- 
tion,   ....." 5  00 

Swedish  Importing  Company,  fee  for  certificate  of  condition,  5  00 

A.  T.  Stearns   Lumber  Company,  displacement  tide  water,  1,395  14 

.$2,363  39 

Costs  in  civil  cases  received  and  paid  over,    ....  .$509  09 


The  Attorney-General  ex  rel.  Treasurer  versus  — 
A.  M.  Gardner  Hardware  Company. 
Allen  &  Royrell  Company. 
American  Fire  Hose  Company. 
American  Rapid  Telegraph  Company. 
Amesbury  and  Salisbury  Gas  Company. 
Bay  State  Coal  Company. 
Bay  State  Watch  Case  Company. 
Bee  Newspaper  Company. 

Black  Rocks  &  Salisbury  Beach  Street  Railway  Company. 
Boston  Advertising  Company. 
Boston  Blower  Company. 
Boston  Electric  Light  Company. 
Boston  Lighterage  and  Towage  Company. 
Boston  Macaroni  Manufacturing  Company.- 
Boston  Multiplex  Telegraph  Company. 
Boston  Times  Company,  The. 
Boston  Wall  Paper  Company. 
Braintree  Water  Supply  Company. 
Brockton  Gazette  Company. 
Buxton  Seed  Company,  The. 
Cassino  Art  Company,  The. 
Central  Tow  Boat  Company. 
Chamberlain  Manufacturing  Company. 
Chas.  W.  Copeland  Manufacturing  Company. 
Chase's  Patent  Elevator  Company. 
Chestnut  Hill  Real  Estate  Association  of  Marlborough. 
Choate  Drug  and  Chemical  Company. 
Citizens'  Electric  Light  Company. 
Coburn  Shuttle  Company. 


48  ATTORNEY- GENERAL'S   REPORT.        [Jan. 

The  Attorney-General  ex  rel.  Treasurer  versus  — 
Columbia  Rubber  Company. 
Consolidated  Edge  and  Heel  Trimmer  Company. 
Co-operative  Workingmen's  Corporation. 
Crystal  Emery  Wheel  Company,  The. 
Damon  Safe  and  Iron  Works  Company. 
Duncan  Leather  Manufacturing  Company. 
Duralite  Manufacturing  Company. 
East  Side  Street  Railway  Company. 
Educational  Supply  Company. 
Eureka  Silk  Manufacturing  Company. 
Fall  River  Daily  Herald  Publishing  Company. 
Fall  River  Tribune  Publishing  Company. 
Foxborough  Foundry  and  Machine  Company. 
Gardner  Gaslight  Company. 
Geo.  E.  Reed  Furniture  Company. 
Geo.  F.  Blake  Manufacturing  Company. 
Hampden  Envelope  Company, 
Hancock  Inspirator  Company. 
Hero  Cough  Syrup  Company. 
Lewis  Engraving  Company. 
Longley  Machine  Company. 
Longley  &  Gale  Manufacturing  Company. 
Low  Art  Tile  Company,  The. 
Lynn  Belt  Line  Street  Railway  Company. 
Lynn  Ice  Company. 
Magneso  Calcite  Fire-proof  Company. 
Mansfield  Co-operative  Furnace  Company. 
Marlborough  Street  Railway  Company. 
Massachusetts  and  Southern  Construction  Company. 
Massasoit  Worsted  Company. 
Merry  Mount  Granite  Company. 
Nantucket  Railroad  Company. 
National  Fireworks  Company. 
Naumkeag  Street  Railway  Company. 
New  York  &  Boston  Inland  Railroad  Company. 
Newburyport  &  Amesbury  Horse  Railroad  Company. 
Newburyport  Herald  Company,  The. 
Old  Colony  INIachine  Company. 
Old  Spain  Co-operative  Society. 
Palmer  Carpet  Company. 
People's  Line,  The. 
Plum  Island  Street  Railway  Company. 
Potter  Lovell  Company. 


1891.]  PUBLIC   DOCUMENT  — No.  12.  49 

The  Attorney-General  ex  rel.  Treasurer  versus  — 
Prang  Educational  Company. 
Franker  Manufacturing  Company. 
Raymond  Skate  Company. 
Reading  Water  Company. 
Republic  Mills,  The. 
Rex  Liquid  Stove  Polish  Company. 
Salem  Press  Publishing  and  Printing  Company, 
Security  Associates,  The. 
Simonds  Rolling  Machine  Company. 
Somerset  Potters  Works. 

Springfield  Pump  and  Manufacturing  Company. 
Stoughton  Rubber  Company. 
Suburban  Light  and  Power  Company. 
Thorp  &  Adams  Manufacturing  Company. 
Times  Newspaper  Company,  The. 
Traveller  Newspaper  Company. 
Union  Desk  Company. 
Union  Electric  Light  Company. 
Union  Publishiug  Company,  The. 
Wainright  Manufacturing  Company. 
Waltham  Tribune  Company. 
Weutworth  Carpet  Lining  Company. 
Western  Union  Telegraph  Company. 
Westfield  Brick  Company. 
Weston  Illuminating  Company. 
Williamstown  Gas  Company. 
Winship  Daniels  &  Co.  Corporation. 
Woburn  Electric  Light  Company. 

Failure  to  pay  taxes  for  1890.     Received  December  15.     Pend- 
ing.    Of  these,  $31,709,02  has  been  received  and  paid  over. 


50 


ATTORNEY- GENERAL'S  REPORT.   [Jan. 


TABLE 


Showing  the  Number  and  Character  of  Criminal  Cases  pending  on 
Questions  of  Law  in  the  Supreme  Judicial  Court  during  the  Year 
ending  Jan.  21,  1891,  and  the  Disp)Osition  thereof. 


a 

^ 

^ 

<u'«  •> 

s:    ^ 

o 

o  o  ? 

.=  3 

a 

=  uo 

OFFENCES. 

i 

li 
■§  § 

111 

11 

5„  61) 

III! 

o 

c  -^ 

p 

< 

^ 

Aboi'tion, 

1 

Adulterated  milk,  sale  of, 

2 

_ 

_ 

_ 

Adultery, 

1 

_ 

_ 

_ 

Arson, 

2 

_ 

_ 

_ 

Assault, 

1 

_ 

_ 

_ 

Assault  with  dangerous  weapon. 

1 

_ 

_ 

_ 

Assault  upon  an  officer,     . 

1 

- 

- 

_ 

Breaking  and  entering  in  the  night- 

time,         

1 

_ 

_ 

_ 

Bread,  illegal  sale,     . 

Disorderly  house,       .... 

1 

- 

_ 

_ 

1 

- 

- 

_ 

Embezzlement,           .         .         .         . 

_ 

1 

1 

- 

False  pretences,         .... 

~ 

- 

1 

- 

Forgery,     

- 

1 

_ 

Idle  anil  disorderly  jjerson. 

1 

- 

- 

_ 

Illegal  lishing, 

2 

- 

- 

1 

Larceny, 

8 

- 

- 

1 

Larceny  from  the  person, 

1 

_ 

_ 

_ 

Liquor,  illegal  sale  of,       . 

14 

11 

2 

1 

_ 

Liquor,  illegal  keejiing  of. 

18 

y 

- 

3 

6 

Liquor,  illegal  transportation  of,      . 

1 

- 

- 

1 

Liquor  nuisance,        .... 

37 

2.5 

1 

5 

6 

Oleomargarine,  illegal  sale  of. 

1 

- 

- 

_ 

Seduction, 

1 

_ 

_ 

_ 

Subornation,  perjury. 

_ 

1 

_ 

_ 

Suit  on  recognizance, 

1 

_ 

_ 

_ 

Selling  polls, 

2 

- 

- 

2 

Totals,                  .         .         .         . 

102 

67 

5 

13 

17 

1891.] 


PUBLIC   DOCUMENT  — No,  12. 


51 


TABLE   OF   CASES. 


TABLE 


SJiowing  the  Number  of  Criminal  Cases  pending  on  Questions  of 
Laio  in  the  Supreme  Judicial  Court  during  the  Year  ending 
Jan.  21,  1891,  and  the  Disposition  thereof  hy  Counties. 


&  5 

2  i 

- 

S'BS: 

« 

s  a 

^ 

"3  =  C 

COUNTIES. 

1   % 

«H. 

^^ 

i 

1  i 

S  £  jc 

11 

nil 

" 

ft  o 

<5 

1^ 

Barnstable, 

4 

3 

Bristol, 

9 

7 

2 

_ 

Essex, 

14 

8 

1 

4 

Hampden, 

I 

1 

Middlesex,          ..... 

30 

19 

5 

5 

Nantucket, 

1 

1 

_ 

Norfolk 

3 

1 

- 

1 

Plymouth 

10 

5 

5 

- 

Suffolk 

23 

16 

7 

Worcester, 

7 

6 

_ 

- 

Totals, 

102 

68 

5 

13 

17 

.52  ATTORNEY-GEXERAL'S   REPORT.        [Jnn. 


CKIMmAL   CASES. 


Barnstable  Countt. 

Commonwealth  vs.  Benjamin  Brown.  S.  J.  C.  Seduction. 
Exceptions  (to  admission  of  evidence  and  rulings).  Over- 
ruled. 

Commonwealth  vs.  James  Keenan.  S.  J.  C.  Liquor  nuisance. 
Exceptions  (to  admission  of  evidence  and  rulings  upon  ques- 
tions of  agency).     Sustained. 

Commonwealth  vs.  Thomas  McDerraott.  S.  J.  C.  Liquor  nui- 
sance.    Exceptions  (variance).     Overruled. 

Commonwealth  vs.  Arthur  IManchester.  S.  J.  C.  Report.  Men- 
haden fishery  case.  Judgment  on  the  verdict.  Appealed 
to  U.  S.  Supreme  Court. 


Bristol  County. 

Commonwealth  vs.  Joseph  Marcotte.     S.  J.  C.     Illegal  sale  of 
butterine.     Exceptions  overruled. 

Commonwealth  vs.  Lorenzo  H.  Francis.     S.  J.  C.     Liquor  nui- 
sance.    Exceptions  overruled. 

Commonwealth  vs.  Thomas  H.  Brenman.     S.  J.  C.     Illegal  sale 
of  intoxicating  liquors.     Exceptions  overruled. 

Commonwealth  vs.  Henry  C.  Slosson.     S.  J.  C.     Liquor  nuisance. 
Exceptions  overruled. 

Commonwealth   vs.    Richard   J.  Dunleay.     S.  J.  C     False  pre- 
tences.    Exceptions.     Argued,  not  yet  decided. 

Commonwealth  vs.  Patrick  O'Kean.     S.  J.  C.     Liquor  nuisance. 
Exceptions  overruled. 

Commonwealth  vs.  James  H.  Kelley.     S.  J.  C.     Liquor  nuisance. 
Exceptions  overruled. 


1891.]  PUBLIC   DOCUMENT  — No.  12.  53 

Commonwealth  vs.  Jeremiah  F.  Harringtou.     S.  J.  C.     Larceny. 
Exceptions  overruled. 

Commonwealth  vs.  Charles  Gagne.     S.  J.  C.     Illegal  keeping  of 
intoxicating  liquors.     Exceptions.     Argued,  not  yet  decided. 


Essex  County. 

Commonwealth  vs.  Thomas  J.  Dempsey.  S.  J.  C.  Murder  of 
Clarence  J.  Wiley.  Plea  of  guilty  of  murder  in  the  second 
degree  accepted. 

Commonwealth  vs.  Timothy  Cleary  (two  cases),  S.  J.  C.  Illegal 
keeping  intoxicating  liquors.     Exceptions.     Overruled. 

Commonwealth  vs.  Patrick  H.  Murray.  S.  J.  C.  Liquor  nui- 
sance.    Exceptions  overruled. 

Commonwealth  vs.  William  Stevens.  S.  J.  C.  Illegal  sale  of 
intoxicating  liquors.     Exceptions  overruled. 

Commonwealth  vs.  John  Homer.  S.  J.  C.  Abortion.  Dying 
declaration.     Report.     Argued,  but  not  decided. 

Commonwealth  vs.  John  Ford.  S.  J.  C.  Assault.  Exceptions. 
Overruled. 

Commonwealth  vs.  George  Oslington.  S.  J.  C.  Disorderly  and 
ill-governed  house.     Exceptions.     Overruled. 

Commonwealth  vs.  Richard  O'Brien  (two  cases).  S.  J.  C.  Ille- 
gal keeping  of  intoxicating  liquors.  Exceptions.  Over- 
ruled. 

Commonwealth  vs.  Daniel  Mahoney.  S.  J.  C.  Illegal  sale  of 
cider.     Exceptions  sustained. 

Commonwealth  vs.  Charles  J.  Bickum.  S.  J.  C.  Liquor  nui- 
sance.    Exceptions.     (Motion  to  quash.)     Not  yet  heard. 

Commonwealth  vs.  Steven  Jewett.  S.  J.  C.  Illegal  keeping 
intoxicating  liquors.  Exceptions  (to  evidence).  Not  3'et 
heard. 

Commonwealth  vs.  Augustus  F.  Mead.  S.  J.  C.  Illegal  keep- 
ing intoxicating  liquors.  Exceptions  (to  evidence).  Not 
yet  heard. 

Commonwealth  t's.  Daniel  Calhean.  S.  J.  C.  Report.  Liquor  nui- 
sance.    (Evidence.)     Not  yet  heard. 


54      ATTORNEY- GENERAL'S  REPORT.    [Jan. 


Franklin  CouNxr. 

Commonwealth  vs.  Lincoln   J.  Randall.      S.  J.  C.     Murder   of 
David  Marcus  Randall.     Not  guilty. 


Hampden  County. 

Commonwealth  vs.  H.  H.  Waters.  S.  J.  C.  Illegal  sale  of 
intoxicating  liquor.  Exceptions  (motion  in  arrest  of  judg- 
ment) .     Overruled. 

Commonwealth  vs.  John  Bessette.  Murder  of  Sophia  Bessette. 
Counsel  assigned.     Pending. 

Commonwealth  vs.  Edward  F.  Costello.  Murder  of  "William  A. 
Costello.     Counsel  assigned.     Pendiuo-. 


Hampshire  County. 

Commonwealth    vs.   Jonathan  Brigham   Davis.     Murder  of   Eva 
Mabel  Holdeu.     Pending. 


Middlesex  County. 

Commonwealth  vs.  Patrick  Lynch.  S.  J.  C.  Exposing  and 
keeping  for  sale  intoxicating  liquors.  Exceptions  (to  evi- 
dence) .     Overruled. 

Commonwealth  vs.  George  T.  Smith  et  al.  S.  J.  C.  Arson. 
Exceptions.      (Motion  to  quash.)     Overruled. 

Commonwealth  vs.  William  T.  Patten.  S.  J.  C.  Illegal  trans- 
portation of  intoxicating  liquors.  Exceptions  (to  evidence) . 
Overruled. 

Commonwealth  vs.  Cornelius  Lane.  S.  J.  C.  Liquor  nuisance. 
Exceptions  (to  evidence).     Overruled. 

Commonwealth  vs.  Henry  H.  Oakes,  Thomas  Keane  and  Fred  C. 
Newton.  S.  J.  C.  Illegal  keeping  of  intoxicating  liquors. 
Exceptions.      (INIotion  in  arrest  of  judgment.)     Overruled. 

Commonwealth  vs.  M.  F.  McCluskey.  S.  J.  C.  Embezzlement. 
Exceptions  (to  filing  motion  to  quash) .     Sustained. 

Commonwealth  vs.  Lawrence  G.  Costello.  S.  J.  C.  Embezzle- 
ment. Exceptions  (to  sufficiency  of  indictment).  Argued, 
not  vet  decided. 


1891.]  PUBLIC   DOCUMENT  — No.  12.  55 

Commonwealth  vs.  Robert  J.  Patterson.  S.  J.  C.  Liquor  nui- 
sance.    Exceptions  (to  evidence  and  rulings) .     Overruled. 

Commonwealth  vs.  William  Gay.  S.  J.  C.  Liquor  nuisance. 
Exceptions.     Argued,  not  yet  decided. 

Commonwealth  vs.  John  A.  Hamilton.  S.  J.  C.  Illegal  sale  of 
milk.     Exceptions  (to  evidence)  .     Overruled. 

Commonwealth  vs.  James  E.  Carney.  S.  J.  C.  Illegal  keeping 
intoxicating  liquors.  Exceptions  (to  evidence) .  Argued,  not 
yet  decided. 

Commonwealth  vs.  Frank  E.  Shaw.  S.  J.  C.  Illegal  keeping 
intoxicating  liquors.  Exceptions  (to  evidence)  .  Argued,  not 
yet  decided. 

Commonwealth  vs.  .Joseph  Carney.  S.  J.  C.  Liquor  nuisance. 
Exceptions.     (Motion  to  quash.)     Overruled. 

Commonwealth  vs.  Edward  Smith.  S.  J.  C.  Liquor  nuisance. 
Exceptions  (to  evidence) .     Overruled. 

Commonwealth  vs.  Andrew  C.  Stevens.  S.  J.  C.  Liquor  nui- 
sance.    Exceptions  (to  evidence) .     Argued,  not  yet  decided. 

Commonwealth  vs.  .John  Kavanaugh.  S.  J.  C.  Liquor  nuisance. 
Exceptions.      (Motion  to  quash.)     Overruled. 

Commonwealth  vs.  Margaret  Haley.  S.  J.  C.  Arson.  Excep- 
tions (to  evidence) .     Overruled. 

Commonwealth  vs.  Jeremiah  Meeney.  S.  J.  C.  Liquor  nuisance. 
Exceptions.     (Motion  in  arrest  of  judgment.)     Not  yet  heard. 

Commonwealth  vs.  Charles  E.  Brown  et  al.  S.  J.  C.  Liquor  nui- 
sance. Exceptions.  (Motion  in  arrest  of  judgment.)  Not 
yet  heard. 

Commonwealth  vs.  John  Marble.  S.  J.  C.  Illegal  keeping  intoxi- 
cating liquors.  Exceptions.  (Motion  to  dismiss.)  Not  yet 
heard. 

Commonwealth  vs.  William  Gay.  S.  J.  C.  Liquor  nuisance. 
Exceptions.      (Motion  to  dismiss.)     Not  yet  heard. 

Commonwealth  vs.  Henry  S.  Brown  et  al.  S.  J.  C.  Illegal  trans- 
portation of  intoxicating  liquors.  Exceptions  (to  rulings). 
Not  yet  heard. 

Commonwealth  vs.  John  O'Donnell.  S.  J.  C.  Assault  with  a 
dangerous  weapon.  Exceptions.  (Motion  to  dismiss.) 
Overruled. 


56  ATTORNEY- GENERAL'S   REPORT.        [Jan. 

Commonwealth  vs.  AV^illiam  McDonough.  S.  J.  C.  Liquor  nui- 
sance. Exceptions  (to  ruling  as  to  closing  of  shutters). 
Overruled. 

Commonwealth  vs.  Ebenezer  S.  Sawtelle.  S.  J.  C.  Liquor  nui- 
sance. Exceptions  (to  ruling  as  to  painted  glass  windows) . 
Overruled. 

Commonwealth  vs.  Luke  Nally.  S.  J.  C.  Liquor  nuisance. 
Exceptions  (as  to  evidence).     Overruled. 

Commonwealth  vs.  Henry  H.  Oakes,  Thomas  Keane  and  Fred  C. 
Newton.  S.  J.  C.  Illegal  keeping  of  intoxicating  liquors. 
Exceptions  (to  evidence).     Overruled. 

Commonwealth  vs.  James  Vahey.  S.  J.  C.  Liquor  nuisance. 
Exceptions  (to  evidence).     Overruled. 

Commonwealth  vs.  Bridget  Eagan.  S.  J.  C.  Liquor  nuisance 
Exceptions  (to  evidence).     Overruled. 

Commonwealth  ^'.s.  Jeremiah  Meaney.  S.  J.  C.  Liquor  nuisance. 
Exceptions  (to  evidence).     Overruled. 


Nantucket  Counti'. 

Commonwealth  vs.  James  Flood.  S.  J.  C.  Adultery.  Excep- 
tions (to  ruling  as  to  privileged  communications).  Over- 
ruled. 

Commonwealth  vs.  John  F.  Brown.  S.  J.  C.  Forgery.  Excep- 
tions (motion  in  arrest  on  judgment ;  question  of  jurisdiction). 
Talien  to  United  States  Supreme  Court  on  writ  of  error. 


Norfolk  Coukty. 

Commonwealth  vs.  Charles  L.  Prescott.  S.  J.  C.  Violation  of 
section  58,  chapter  91,  Public  Statutes.  Exceptions.  (Motion 
to  quash.)     Overruled. 

Commonw^ealth  vs.  Charles  L.  Prescott.  S.  J.  C.  Violation  of 
section  58,  chapter  91,  Public  Statutes.  Exceptions. 
(Motion  in  arrest  of  judgment.)     Not  yet  heard. 

Commonwealth  vs.  Patrick  Fay.  S.  J.  C.  Illegal  sale  of  intoxi- 
cating liquor.  Exceptions  (to  right  of  standing  justice  to 
hear  case).     Motion  in  arrest  of  judgment  granted. 

Commonwealth  vs.  Walter  H.  Pray.  Murder  of  Verner  M. 
Fisher.  Indictment  found  Dec.  5,  1889.  Defendant 
adjudged  insane,  and  sent  to  Taunton  Lunatic  Hospital 
Indictment  filed 


181)1.]  PUBLIC   DOCUMENT  — No.  12.  57 

Commonwealth  vs.  Saladin  Cook.  S.  J.  C.  Murder  of  Dennis 
Ryan,  by  shooting.  Defendant  adjudged  insane,  and  sent  to 
Taunton  Lunatic  Hospital.     Indictment  filed. 


Plymouth  County. 

Commonwealth   vs.    John    Lear.       S.    J.    C.       Liquor   nuisance. 
Exceptions  overruled. 

Commonwealth  vs.  Louis  Lattinvilie.     S.  J.  C.     Liquor  nuisance. 
Exceptions.     Overruled. 

Commonwealth    vs.   Rosauna    and    Edward    Hagan.       S.    J.    C. 
Liquor  nuisance.     Exceptions.     Argued,  not  yet  decided. 

Commonwealth  vs.   William  Cutler.       S.  J.   C.     Illegal    sale    of 
mortgaged  property.     Exceptions.     Argued,  not  yet  decided. 

Commonwealth  vs.  William  Mclntee.     S.  J.  C.     Liquor  nuisance. 
Exceptions.     Argued,  not  yet  decided. 

Commonwealth  vs.  John  McCarty.     S.  J.  C.     Forgery.     Excep- 
tions.    Argued,  not  yet  decided. 

Commonwealth  vs.    Catherine    Chamberlain.      S.    J.    C.     Liquor 
nuisance.     Exceptions  overruled. 

Commonwealth  vs.  Julia  Sullivan.     S.  J.  C.     Illegal  sale  of  intox- 
icating liquors.     ^xGeiftions  (autrefois  acquit).     Overruled. 

Commonwealth   vs.    John   Kane.       S.    J.    C.      Liquor   nuisance. 
Exceptions  (to  rulings)  overruled. 

Commonwealth  vs.  James  Quinlan.     S.  J.  C.     Liquor  nuisance. 
Exceptions.      (Motion  to  quash.)     Argued,  not  yet  decided. 


Suffolk  County. 

Commonwealth  vs.  Mary  Hamill.  S.  J.  C.  Illegal  sale  of  liquor. 
Exceptions  (to  evidence).     Overruled. 

Commonwealth  vs.  Emma  J.  Lunt.  S.  J.  C.  Larceny.  Excep- 
tions (to  evidence).     Overruled. 

Commonwealth  vs.  Patrick  Tangney.  S.  J.  C.  Illegal  keeping 
of  intoxicating  liquors.  Exceptions  (motion  in  arrest  of 
judgment) .     Not  yet  heard. 

Commonwealth  vs.  Charles  C.  Cowlishaw.  S.  J.  C.  Murder. 
Plea  of  guilty  by  defendant  of  murder  in  the  second  degree. 
Excepted.     Prisoner  sentenced  to  State  Prison  for  life. 


58  ATTORNEY- GENERAL'S   REPORT.        [Jan. 

Commonwealth  vs.  Albert  Trenholm.  S.  J.  C.  Illegal  keeping 
of  intoxicating  liquors.  Exceptions  (to  evidence).  Not  yet 
heard. 

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

Commonwealth  vs.  Myron  L.  Wetherbee.  S.  J.  C.  Illegal  sale 
of  milk.     Exceptions  (to  evidence).     Overruled. 

Commonwealth  vs.  Andrew  McArthur.  S.  J.  C.  Illegal  sale  of 
bread.     Exceptions  (to  evidence).     Overruled. 

Commonwealth  vs.  Mary  Taylor.  S.  J.  C.  Illegal  keeping  of 
intoxicating  liquors.     Exceptions  (to  evidence).     Overruled. 

Commonwealth  vs.  Alice  Loraine.  S.  J.  C.  Idle  and  disorderly 
person.  Exceptions  (to  ruling  as  to  what  constitutes). 
Overruled. 

Commonwealth  vs.  Ellen  Broker.  S.  J.  C.  Illegal  sale  of  intox- 
icating liquors.  Exceptions.  (Motion  to  quash.)  Over- 
ruled. 

Commonwealth  vs.  Fred  L.  Whitcomb.  S.  J.  C.  Illegal  keeping 
of  intoxicating  liquors.  Exceptions  (to  evidence).  Over- 
ruled. 

Commonwealth  vs.  Lucy  M.  Gove.  S.  J.  C.  Suit  on  recogni- 
zance. I^xceptions  (to  rulings  on  provisions  of  section  48, 
chapter  212,  Public  Statutes).     Overruled. 

Commonwealth  vs.  Miles  McMahon.  S.  J.  C.  Illegal  sale  of 
intoxicating  liquors.     Exceptions  (to  evidence).     Overruled. 

Commonwealth  vs.  Dennis  H.  Lannan.  S.  J.  C.  Larceny.  Ex- 
ceptions (to  sufficiency  of  evidence) .     Not  yet  heard. 

Commonwealth  vs.  Timothy  Murphy.  S.  J.  C.  Illegal  keeping 
of  intoxicating  liquors.  Exceptions  (to  evidence).  Not  yet 
heard. 

Commonwealth  vs.  William  Hennessey,  alias  William  Hensy.  S. 
J.  C.  Murder  of  Catherine  Hennessey,  by  beating.  Indict- 
ment noU  pross'd.  Defendant  tried  and  convicted  of  man- 
slaughter. 

Commonwealth  vs.  Arthur  E.  Root.  S.  J.  C.  Illegal  sale  of 
oleomargarine.     Report.     Report  discharged. 

Commonwealth  vs.  Charles  Wilson.  S.  J.  C.  Breaking  and 
entering  in  the  night-time.  Exceptions  (to  ruling). 
Overruled. 


1891.]  PUBLIC   DOCUMENT  — No.  12.  59 

Commonwealth  vs.  Fanny  AUman  and  Stephen  "Wood.  S.  J.  C. 
Illegal  sale  of  intoxicating  liquor.  Exceptions  (to  joinder  of 
defendants).     Overruled. 

Commonwealth  vs.  David  Murray.  S.  J.  C.  Larceny  from  the 
person.     Exceptions  (to  rulings) .     Overruled. 

Commonwealth  vs.  Annie  Ducey.  S.  J.  C.  Illegal  sale  of  intoxi- 
cating liquors.     Exceptions  (to  rulings).     Overruled. 

Commonwealth  vs.  Dennis  J.  Bowen.  S.  J.  C.  Illegal  sale  of 
intoxicating  liquors.     Exceptions  (to  rulings) .    Overruled. 

Commonwealth  vs.  Benjamin  F.  Taylor.  Murder  of  Wilder  F. 
Hutchings.     Pending. 

Commonwealth  vs.  Daniel  H.Wilson.  Murder  of  Annie  C.  AVilson. 
Pending.  / 

Commonwealth  vs.  Thomas  Wason.  S.  J.  C.  Selling  pools. 
Exceptions.     (Motion  to  quash  evidence.)     Not  yet  heard. 

Commonwealth  vs.  Patrick  Clancy.     Same. 


Worcester  County. 

Commonwealth  vs.  William  H.  Ryan.  S.  J.  C.  Liquor  nuisance. 
Exceptions  (to  ruling  upon  question  of  club  house).  Over- 
ruled. 

Commonwealth  vs.  Edward  Smith.  S.  J.  C.  Assault  upon  an 
officer.     Exceptions  (to  evidence).     Overruled. 

Commonwealth's.  William  E.  Barker.  S.  J.  C.  Liquor  nuisance. 
Exceptions  (to  ruling  upon  question  of  club  house) .    Overruled. 

Commonwealth  vs.  Nathaniel  S.  Jacobs.  S.  J.  C.  Liquor  nui- 
sance. Exceptions  (to  ruling  upon  question  of  club  house). 
Overruled. 

Commonwealth  vs.  John  Maloney  (two  cases).  S.  J.  C.  Liquor 
nuisance.     Exceptions  (to  evidence).     Overruled. 

Commonwealth  vs.  Henry  N.  Stone.  S.  J.  C.  Subornation  of 
perjury.    Exceptions  (to  sufficiency  of  indictment).    Sustained. 

Commonwealth  vs.  William  Powers.  S.  J.  C.  Larceny.  Excep- 
tions (to  evidence  that  silver  certificates  are  United  States 
notes) .     Overruled. 


60      ATTORNEY- GENERAL'S  REPORT.    [Jan. 


requisitio:n^  papers. 


Seiit   to    this    Department  by  His    ExceUe7icy    the    Governor  for 
Examination  and  Report  thereon. 


Jan.  13.  On  the  governor  of  Connecticut,  for  George  T. 
Rood,  for  the  crime  of  cheating  by  means  of  false 
pretences.     Advised  to  issue. 

Jan.  17.  On  the  governor  of  Pennsj'lvania,  for  Frank  D.  Les- 
clide,  for  the  crime  of  false  pretences.  Advised  to 
issue,  the  pa^jers  having  been  amended. 

Jan.  30.  On  the  governor  of  Connecticut,  for  Frank  Lee,  for 
the  crime  of  breaking  and  entering  in  the  night- 
time with  intent  to  commit  larceny.  Advised  to 
issue. 

Feb.  7.  On  the  governor  of  New  Hampshire,  for  Henry  L. 
Rooks,  for  the  crime  of  fleeing  to  escape  sentence 
for  conviction  of  keeping  a  liquor  nuisance.    Advised 

to  issue. 

Feb.  7.  On  the  governor  of  New  York,  for  Alfred  \Y.  Green, 
alias  A.  W.  Ronald,  alias  A.  W.  Donald,  for  the 
crime  of  embezzlement.     Advised  to  issue. 

Feb.  10.  On  the  governor  of  Vermont,  for  William  L.  Strick- 
land, for  the  crime  of  obtaining  money  under  false 
pretences.     Advised  to  issue. 

Feb.  18.  On  the  governor  of  New  York,  for  George  Krewolf, 
for  the  crime  of  embezzlement.     Advised  to  issue. 

Feb.  20.  On  the  governor  of  New  York,  for  Frank  H.  Ful- 
ler, for  the  crime  of  selling  personal  property  held 
on  conditional  sale.     Advised  to  issue. 

Feb.  26.  From  the  governor  of  Vermont,  for  E.  A.  Kathan, 
for  the  crime  of  criminal  libel.  Papers  held  for 
amendment. 


1891.]  PUBLIC   DOCUMENT— No.  12.  61 

Feb.  28.  Same  case.  Advised  to  issue,  papers  having  been 
sufficiently  amended. 

Feb.  28.  On  the  governor  of  New  York,  for  Patrick  J.  Hauley, 
for  the  crime  of  breaking  and  entering  in  the  night- 
time with  intent  to  commit  larceny.  Advised  to 
issue. 

March  4.  On  the  governor  of  Maryland,  for  William  P. 
Brosius,  for  th^  crime  of  larceny.  Advised  to 
issue. 

March  6.  On  the  governor  of  New  York,  for  Samuel  S.  Ful- 
ler, for  the  crime  of  embezzlement.  Advised  to 
issue. 

March  10.  On  the  governor  of  Connecticut,  for  George  A  Bar- 
ton, for  the  crime  of  escaping  from  house  of  cor- 
rection.    Advised  to  issue. 

March  11.  From  the  governor  of  Pennsylvania,  for  C  Oliver 
Parker  and  Robert  B.  Leitch,  for  the  crime  of  lar- 
ceny, larceny  by  bailee,  and  receiver  of  stolen 
goods.     Advised  to  issue. 

March  12.  On  the  governor  of  New  York,  for  Patrick  Farring- 
ton,  for  the  crime  of  breaking  and  entering  with 
intent  to  steal ,  and  receiving  stolen  goods.  Advised 
to  issue. 

March  20.  From  the  governor  of  New  Hampshire,  for  Joseph 
Flaherty,  for  the  crime  of  fighting  by  appointment. 
Advised  to  issue,  the  papers  having  been  amended. 

March  21.  On  the  governor  of  New  Jersey,  for  William  W. 
Tyler,  for  the  crime  of  unlawfully  selling  mort- 
gaged property.     Advised  to  issue. 

March  22.  On  the  governor  of  New  York,  for  Zephrin  J.  Lucie 
and  Aleck  McKennon,  for  the  crime  of  assault  with 
a  dangerous  weapon.     Advised  to  issue. 

April  2.  From  the  governor  of  New  York,  for  J.  M.  Pees  and 
D.  O'Connell,  for  the  crime  of  robbery  in  the  first 
degree.  Advised  not  to  issue,  the  papers  being 
insufficient. 

April  5.  On  the  governor  of  New  York,  for  Joseph  Younger- 
man,  for  the  crime  of  forgery  and  uttering.  Ad- 
vised to  issue. 

April  14.  From  the  governor  of  Michigan,  for  Stephen  BuUis, 
for  the  crime  of  embezzlement.     Advised  to  issue. 


62  ATTORNEY-GENEHAL'S   REPORT.        [Jan. 

April  14.  From  the  governor  of  New  York,  for  J.  M.  Rees  and 
D.  O'Conuell,  for  the  crime  of  robbery.  Advised 
not  to  issue. 

April  26.  From  the  governor  of  New  York,  for  William  H. 
Vinal,  for  the  crime  of  conspiracy,  —  false  state- 
ments concerning  bonds  and  stock.  Hearings  and 
report  thereon. 

April  29.  From  the  governor  o*f  New  York,  for  Frank  Malir 
and  Morris  Shea,  for  the  crime  of  burglary.  Ad- 
vised to  issue. 

April  30.  From  the  governor  of  Connecticut,  for  James  Lyons, 
alias  Samuel  A.  Rogers,  for  the  crime  of  theft  and 
escape  from  prison.     Advised  to  issue. 

April  30.  From  the  governor  of  New  Hampshire,  for  Fred  Law- 
rence, for  the  crime  of  obtaining  property  by  false 
pretences.  Advised  to  issue,  the  papers  having 
been  amended. 

May  5.  From  the  governor  of  Illinois,  for  Timothy  Sullivan, 
for  the  crime  of  assault  with  intent  to  kill.  Ad- 
vised to  issue. 

May  21.  From  the  governor  of  New  York,  for  Charles  W. 
Leonard  and  Henry  Sawyer,  for  the  crime  of  grand 
larceny.  Advised  to  issue  as  to  Leonard,  but  not 
as  to  Sawyer,  there  being  no  affidavit  that  Sawyer 
was  a  fugitive  from  justice. 

May  29.  On  the  governor  of  Maine,  for  Frederick  O.  H. 
Bowen,  alias  Fred.  Bowen,  for  the  crime  of  breaking 
and  entering.  Advised  to  issue,  additional  affi- 
davit having  been  supplied. 

May  31.  From  the  governor  of  Maine,  for  Orison  Huff  and 
Sarah  A.  Lord,  alias  Sarah  A.  Howe,  for  the  crime 
of  adultery.     Advised  to  issue. 

June  5.  From  the  governor  of  Michigan,  for  Aleck  Dubenske, 
for  the  crime  of  murder.  Advised  not  to  issue,  the 
papers  being  insufficient. 

June  12.  On  the  governor  of  Connecticut,  for  George  A.  Barton, 
for  the  crime  of  escaping  from  the  house  of  correc- 
tion.    Advised  to  issue. 

June  14.  On  the  governor  of  Pennsylvania,  for  Daniel  B.  Wal- 
lace, for  the  crime  of  embezzlement.  Advised  to 
issue,  additional  affidavit  being  supplied. 


1891.]  PUBLIC   DOCUMENT  — No.  12.  63 

June  24.  From  the  governor  of  New  York,  for  Antonia  Privato, 
for  the  crime  of  grand  larceny.     Advised  to  issue. 

July  8.  On  the  governor  of  New  York,  for  Frank  A.  Miller, 
for  the  crime  of  larceny.  Advised  to  issue,  the 
papers  having  been  amended. 

July  8.  On  the  governor  of  New  York,  for  James  H.  Berry, 
for  the  crime  of  breaking  and  entering,  and  lar- 
ceny. Advised  to  issue,  the  papers  having  been 
amended. 

July  12.  From  the  governor  of  Rhode  Island,  for  William 
Sullivan,  alias  AYilliam  Slasher,  for  the  crime  of 
embezzlement.  Advised  not  to  issue,  the  papers 
being  insufficient. 

July  21.  From  the  governor  of  Illinois,  for  Charles  McDonald, 
for  the  crime  of  larceny.     Advised  to  issue. 

July  24.  On  the  governor  of  New  York,  for  Zephaniali  T. 
Parker,  for  the  crime  of  adultery.  Advised  to 
issue. 

July  30.  From  the  governor  of  New  York,  for  Nelson  E. 
Weeks,  for  the  crime  of  rape.     Advised  to  issue. 

Aug.  6.  On  the  governor  of  New  York,  for  Charles  J.  Currier, 
alias  Charles  J.  Emerson,  for  the  crime  of  larceny 
in  a  building.     Advised  to  issue. 

Aug.  27.  On  the  governor  of  New  York,  for  Frederick  Kimball, 
for  the  crime  of  embezzlement.     Advised  to  issue. 

Aug.  28.  On  the  governor  of  New  York,  for  Louis  Schaffer,  for 
the  crime  of  fraudulently  concealing  property,  and 
larceny.     Advised  to  issue. 

Sept.      4.     From  the  governor  of  Tennessee,  for  F.  W.  Jordan, 
for  the  crime  of  fraudulent  breach  of   trust,   and' 
obtaining  money  under  false  pretences.     Advised 
not  to  issue,  the  papers  being  defective. 

Sept.  6.  On  the  governor  of  New  York,  for  William  Bardon, 
alias  Leroy  Bailey,  for  the  crime  of  larceny  in  a 
building.     Advised  to  issue. 

Sept.  10.  On  the  governor  of  Maine,  for  Fred  Z.  Rogers,  for 
the  crime  of  obtaining  money  under  false  pretences. 
Advised  to  issue. 


64  ATTORN  1<:Y- GENERAL'S   REPORT.        [Jan. 

Sept.  16.  Oil  the  governor  of  New  Jersey,  for  Michael  Sullivan, 
for  the  crime  of  breaking  and  entering  a  building 
in  the  night-time  with  intent  to  commit  robbery. 
Advised  to  issue,  after  amendment  of  papers. 

Sept.  26.  From  the  governor  of  New  York,  for  James  E. 
Mitchell,  for  the  crime  of  forgery.  Advised  to 
issue. 

Oct.  2.  On  the  governor  of  New  Hampshire,  for  Thomas 
Coleman,  alias  John  Coleman,  alias  John  Smith, 
for  the  crime  of  larceny.     Advised  to  issue. 

Oct.  8.  On  the  governor  of  New  York,  for  William  Slade, 
alias  William  Claude  Slade,  for  the  crime  of  break- 
ing and  entering  a  building  with  intent  to  steal 
therein,  and  receiving  stolen  goods.  Advised  to 
issue. 

Oct.  16.  On  the  governor  of  New  York,  for  Marjorique  Gog- 
non,  for  the  crime  of  breaking  and  entering  a  build- 
ing in  the  night-time,  and  larceny  therefrom. 
Advised  to  issue. 

Oct.  22.  On  the  governor  of  New  York,  for  Robert  Mather, 
for  the  crime  of  concealing  personal  property  on  a 
conditional  contract  of  sale.     Advised  to  issue. 

Nov.  11.  From  the  goA'ernor  of  Colorado,  for  Charles  R.  Cope- 
land,  for  the  crime  of  embezzlemeut.  Advised  to 
issue. 

Nov.  12.  On  the  governor  of  Rhode  Island,  for  John  M. 
Brownell,  for  the  crime  of  illegal  fishing  in  Buz- 
zard's Bay.     Advised  not  to  issue. 

Nov.  12.  On  the  governor  of  Virginia,  for  Ray  Gould,  for  the 
crime  of  breaking  and  entering  a  building  with 
intent  to  steal  therein,  and  receiving  stolen  goods. 
Advised  to  issue. 

Nov.  26.  From  the  governor  of  New  Hampshire,  for  Richard 
F.  Briggs,  alias  T.  B.  Whitney,  for  the  crime  of 
obtaining  money  under  false  pretences.  Advised 
to  issue. 

Dec.  10.  On  the  governor  of  New  York,  for  William  E.  Kelley, 
for  the  crime  of  escaping  from  prison.  Advised  to 
issue. 

Dec.  15.  On  the  governor  of  Connecticut,  for  Morris  Murphy, 
for  the  crime  of  horse  stealing.     Advised  to  issue. 


1891.]  PUBLIC   DOCUMENT  — Xo.  12.  65 

Dec.  31.  From  the  governor  of  Pennsylvania,  for  William 
Stetson,  alias  English  Bill,  for  the  crime  of  larceny. 
Hearing  and  report.     Advised  not  to  issue. 

1S91. 

Jan.  9.  On  the  governor  of  New  York,  for  James  H.  Haley 
of  Hampshire  County,  for  the  crime  of  assault  with 
a  dangerous  weapon.     Advised  to  issue. 

Jan.  13.  On  the  governor  of  New  York,  for  James  Holmes, 
alias  James  Grotty,  Wm.  Crotty,  Walter  J.  Cum- 
mings,  Michael  Clarke,  James  Moore,  William 
Carroll,  for  the  crime  of  larceny  (habitual  criminal) . 
Advised  to  issue. 

Jan.  15.  On  the  governor  of  New  Hampshire,  for  Paul  Noe, 
for  the  crime  of  breaking  and  entering,  and  larceny 
in  a  railroad  car.     Advised  to  issue. 


C,Q  ATTORNEY- GENERAL'S   REPORT.        [Jan. 


CASES. 


Requirinrj  the  Attorney-General's  Siqyervision,  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  et  al.  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  vmrranto  to  try  title.     Pending. 

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

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

In  re  Estate  of  AVilliara  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. 


1891.]  PUBLIC   DOCUMENT  — No.  12.  67 

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.     Pending. 

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-General  vs.  the  Proprietors  of  Rowe's  Wharf. 
S.  J.  C.  Information  for  an  injunction.  Injunction peridenfe 
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.     Dismissed. 


PUBLIC  DOCUMENT  ....  ....  No.  12. 


dlommontD^alllj  of  S^assatljxts^tts. 


ANNUAL  REPORT 


ATTOE^ET-  GENERAL 


Year  En^ding  Jais^uary  20,  1892. 


BOSTON : 

WRIGHT  &  POTTER  PRINTING   CO.,    STATE   PRINTERS, 

18  Post  Office  Square. 

1892.