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

EXECUTIVE OFFICE OF 
HUMAN SERVICES 

Office of the Secretary 

Room 904 

100 Cambridge Street 

Boston, Massachusetts 02202 



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



Commontotalt^ oi P^assa^wsttts. 



REPORT 



ATTORNEY-GENERAL 



Year endixg January 16, 1907. 



Compliments of 

DANA MALONE, 

Attorney- General. 



BOSTON : 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square. 

1907. 



Commonlwaltlj of P^assarl^iisetts. 



Office of the Attorney-General, 

Boston, Jan. 16, 1907. 

To the Honorable the President of the Senate. 

I have the honor to transmit herewith my report for the 

year ending this day. 

Very respectfully, 

DANA MALONE, 

Attorney- General. 



TABLE OF CONTENTS. 



Roster 

Appropriation and Expenditures, . 
Cases attended to by this OflQce, 

Capital Cases, 

Corporate Holdings of Stock, .... 
Unclaimed Deposits in Savings Banks, . 
Public Administrators; ..... 

Spanish War Claims, 

Cases in the Supreme Court of the United States, 
Department of the Attorney-General, 
Opinions, ....... 

Informations at the Relation of the Treasurer, 
Informations at the Relation of the Tax Commissioner, 
Informations at the Relation of the Commissioner of Corpora 

tions, 

Informations at the Relation of the Civil Service Commission, 
Informations at the Relation of Private Persons, . 
Applications refused and otherwise disposed of, , 

Grade Crossings, 

Land-damage Cases arising from the Alteration of Grade Cross 

ings. 

Corporate Applications for Dissolution, 

Corporations required without Suit to file Returns, 

Collateral Inheritance Tax Cases, 

Public Charitable Trusts, 

Suits conducted on Behalf of State Boards and Commissions : — 

Metropolitan Park Commission, 

Metropolitan Water and Sewerage Board, 
Massachusetts Highway Commission, .... 
Board of Harbor and Land Commissioners, 

Charles River Basin Commission, 

Miscellaneous Cases from Above Commissions, 

Cases arising under the Act limiting the Height of Buildings 

in the Vicinity of the State House, 
State Board of Charity, 

Miscellaneous Cases, 

Corporation Tax Collections, . 

Miscellaneous Collections, 

Extradition and Interstate Rendition, 

Rules of Practice in Interstate Rendition 



vu 

viii 

ix 

X 

xii 
xiv 

XV 

xvi 

xvi 

xvii 

1 

76 

78 



106 
106 
107 
108 

124 
126 
128 
131 
159 

164 
164 
169 
170 
170 
171 

175 
175 
178 
189 
194 
214 
219 



Commontomltlj of Passatljitsrits 



OFFICE OF THE ATTORNEY-GENEKAL, 
State House. 



Attorney- General. 
DANA MALONE. 



Assistants, 
Walter Perley Hall. Fred T. Field. 

Frederic B. Greenhalge. 



James F. Curtis. 



Law Clerk. 
Andrew Marshall. 

ChieJ Clerk. 
Louis H. Freese. 



yiii ATTORNEY-GENERAL'S REPORT. [Jan. 1907 



STATEMENT OF APPROPRIATION AND EXPENDITURES. 



Appropriation for 1906, $36,666 66 

Expenditures. 

For law library, $460 43 

For salaries of assistants, 10,488 17 

For additional legal services, 457 00 

For collection of Spanish war claims against national gov- 
ernment 4,433 22 

For clerks, 3,540 92 

For stenographers, 2,016 66 

For messengers, 1,371 66 

For office expenses, 1,891 40 

For com't expenses,' 2,974 95 

Total expenditures, f 32,2 17 74 

Costs collected, . 986 86 

Net expenditure, $31,230 88 



^ Of this amount, $986.86 has been collected as costs of suits, and paid to the 
Treasurer of the Commonwealth. 



C0mm0ntoaltlj ai ^assarj^us^tls* 



Office of the Attorney-General, 

Boston, Jan. 16, 1907 
To the Ge7ieral Court. 

In conijDliance with Revised Laws, chapter 7, section 8, 
I submit my report for the year ending this day. 

The cases requiring the attention of the office during the 
year, to the number of 2,858, are tabulated below: — 



Bastardy complaints, . 

Collateral inheritance tax cases, 

Corporate collections made, 

Corporation returns enforced without suit, .... 

Dissolutions of corporations, voluntary petitions for, 

Extradition and interstate rendition, .... 

Grade crossings, petitions for abolition of 

Height of buildings, limitation of, cases arising therefrom, . 

Informations at the relation of the Civil Service Commission, 

Informations at the relation of the Tax Commissioner, . 

Informations at the relation of the Commissioner of Corporations 

Informations at the relation of private persons, 

Informations at the relation of the Treasurer and Receiver-Gen- 
eral, 

Indictments for murder, 

Land-damage cases arising from the alteration of grade cross- 
ings, 

Land-damage cases arising from the taking of land by the Harbor 
and Land Commission, ........ 

Land-damage cases arising from the taking of land by the Charles 
Kiver Basin Commission, ....... 

Land-damage cases arising from the taking of land by the Massa 
chusetts Highway Commission, ..... 

Land-damage cases arising from the taking of land by the Metro 
politan I'ark Commission, 

Land-damage cases arising from the taking of land by the Metro 
politan Water and Sewerage Board, 

Miscellaneous cases arising from the work of the above-named 
commissions 

Miscellaneous cases, 

Public charitable trusts, 

Settlement cases for support of insane paupers, 



2 

404 

441 

73 

61 

70 

147 

2 

1 

347 

505 

10 

88 
10 

13 
3 
3 

30 



169 

56 

162 

57 

44 



X ATTORNEY-GENERAL'S REPORT. [Jan. 

Capital Cases. 
Indictments for murder pending at the date of the last 
annual rejDort have been disjDOsed of as follows : — 

Charles L, Tucker, indicted in Middlesex County, 
June, 1904, for the murder of Mabel Page, at Weston, 
March 31, 1904. He was arraigned June 16, 1904, and 
pleaded not guilty. James H. Yahey, Esq., and Charles H. 
Innes, Esq., were assigned by the court as counsel for the 
defendant. Trial, conducted for the Commonwealth by the 
Attorney-General, with District Attorney George A. Sander- 
son and Assistant District Attorney Hugh Bancroft, was 
entered upon Jan. 2, 1905, before Sherman and Sheldon, J J. 
A verdict of guilty of murder in the first degree was re- 
turned by the jury. A motion for a new trial was heard 
and overruled by the trial court. The defendant's excep- 
tions were likewise overruled by the Supreme Judicial Court. 
On Jan. 27, 1906, the defendant was sentenced to be elec- 
trocuted, which sentence was carried out June 12, 1906. 

John" Wainwright, indicted in AVorcester County, Jan- 
uary, 1905, for the murder of Ada E. Lindley, at Worcester, 
Dec. 4, 1904. He was arraigned Jan. 27, 1905, and pleaded 
not guilty. John R. Thayer, Esq., and J. H. Meagher, Esq., 
were assigned by the court as counsel for the defendant. In 
June, 1905, the defendant was tried by a jury before Sher- 
man, J. The result was a verdict of guilty of murder in the 
second degree. On Jan. 15, 1906, the defendant was sen- 
tenced to State Prison for life. The case was in charge of 
District Attorney George S. Taft. 

John Schidlofski, alias John Cline, indicted in Mid- 
dlesex County, Jime, 1905, for the murder of Marciana 
Schidlofski, at Belmont, on July 12, 1905. He was ar- 
raigned Sept. 8, 1905, and pleaded not guilty. Henry H. 
Winslow, Esq., and Philip H. Sullivan, Esq., were assigned 
by the court as counsel for the defendant. In March^ 



1907.] PUBLIC DOCUMENT — No. 12. xi 

1906, the defendant was tried by a jury before Lawton and 
Holmes, JJ. The result was a verdict of guilty of murder 
in the first degree. On April 7, 1906, the defendant was 
sentenced to be electrocuted, which sentence was carried out 
July 9, 1906. The case was in charge of District Attorney 
George A. Sanderson. 

Michael Dwyek, indicted in Essex County, September, 
1905, for the murder of James Webb, at Lawrence, July 29, 

1905. He was arraigned June 26, 1906, and pleaded guilty 
of manslaughter. This plea was accepted by the Common- 
wealth, and the defendant was thereupon sentenced to not 
less than fifteen nor more than twenty years in State Prison. 
John P. Sweeney, Esq., and John P. S. Mahoney, Esq., 
were assigned by the court as counsel for the defendant. The 
case was in charge of District Attorney W. Scott Peters. 

Indictments for murder found since the date of the last 
annual rej^ort have been disposed of as follows : — 

Law^rence Cygless, indicted in Middlesex County, March, 

1906, for the murder of Mary Cygless, at Lowell, Jan. 4, 
1906. He was arraigned March 21, 1906, and pleaded not 
guilty. John J. Harvey, Esq., and Dennis J. Murphy, Esq., 
were assigned by the court as counsel for the defendant. On 
June 18, 1906, the defendant retracted his plea of not guilty, 
and pleaded guilty of murder in the second degree. This 
plea was accepted by the Commonwealth, and the defendant 
was thereupon sentenced to State Prison for life. The case 
was in charge of District Attorney George A. Sanderson. 

The following indictments for murder are now pending : — 

Edgar Weston Meikle, indicted in Essex County, Sep- 
tember, 1906, for the murder of Charles C. G. Meikle, at 
Lynn, on 'Nov. 7, 1905. He was arraigned Oct. 2, 1906, 
and pleaded not guilty, ^o further action has been taken 
in this case. The case is in charge of District Attorney W. 
Scott Peters. 



xii ATTORNEY-GENERAL'S REPORT. [Jan. 

Francesco Cefala, indicted in Suffolk County, Decem- 
ber, 1906, for the murder of Anna Meta, alias Anna Fodero, 
at Boston, on Dec. 8, 1906. He was arraigned Jan. 4, 1907, 
and pleaded not guilty. Frank M. Zottoli, Esq., was assigned 
by the court as counsel for the defendant. No further action 
has been taken in this case. The case is in charge of Dis- 
trict Attorney John B. Moran. 

Haeky li. Wood, indicted in Worcester County, October, 
1906, for the murder of Alice M. Wood, at Winchendon, on 
Oct. 11, 1906. He was arraigned Oct. 22, 1906, and pleaded 
not guilty. David I. Walsh, Esq., and Thomas L. Walsh, 
Esq., w^ere assigned by the court as counsel for the defendant. 
No further action has been taken in this case. The case is in 
charge of District Attorney George S. Taft. 

Herman C. Wiles, indicted in Suffolk County, Novem- 
ber, 1906, for the murder of Mabel V. Williams, at Boston, 
on Oct. 13, 1906. He was arraigned Nov. 26, 1906, and 
pleaded not guilty. Robert W. Nason, Esq., and W. M. 
Alston, Esq., were assigned by the court as counsel for the 
defendant. No further action has been taken in this case. 
The case is in charge of District Attorney John B. Moran. 

Alexander McEwan, indicted in Suffolk County, Novem- 
ber, 1906, for the murder of Annie E. McEwan, at Boston, 
Oct. 15, 1906. The defendant has not yet been arraigned. 
The case is in charge of District Attornev John B. Moran. 



Corporate Holdings of Stock. 

A recess committee of the Legislature of 1905 was ap- 
pointed to consider, among other things, the question of 
holdings of stock of domestic by foreign corporations, and 
to report such changes or modifications of the law as the 
committee might deem advisable. It held many hearings, 
and reported to the Legislature of 1906. 

Attorney-General Parker, in his last annual report, said : — 



1907.] PUBLIC DOCUMENT — No. 12. xiii 

I have not deemed it expedient to take an}^ action upon the 
state of facts apparently existing^ under the information fur- 
nished by the officers of the New York, New Haven & Hartford 
Eailroad, in response to inquiries by the Eailroad Commission, 
since I deem it advisable, if not necessary, to await any action 
that the Legislature may see fit to take, as such action might 
modify or repeal existing laws, or define a policy inconsistent 
with that now manifest in our statutes. If the existent policy of 
the law be adhered to, I recommend legislation that will render 
its enforcement more effectual and immediate than that attain- 
able under present statutory provisions; and I further suggest 
such enactments as will remove some possible questions of con- 
flict in law with a foreign State. 

The situation being unchanged when I took office, I there- 
fore thought it proper to await the action of the Legislature 
before bringing legal proceedings in the matter. 

In June the Legislature submitted to me a bill upon the 
subject, with specific questions upon its provisions, and with 
a further request that, if the desired end could not in my 
opinion be obtained by the bill so draw^i, I should furnish 
such a bill as Avould in my judgment remove the apparent 
difficulties. Accordingly, a bill \vas drawm and submitted by 
me, but was thought too drastic, and after consideration all 
measures in reference thereto Avere rejected by the Legisla- 
ture. 

Prior to the adjournment of the Legislature the Consoli- 
dated Railway Company of Connecticut had already placed 
under other control the stock of the Massachusetts street 
railways held by it, and the ne^v phase of the situation so 
presented required careful consideration of fact and law. 
U^^on the completion of my examination I was of opinion 
that this divestment had not so far changed the situation as 
to make it unnecessary to begin legal proceedings. I there- 
fore filed in the Supreme Judicial Court an information in 
the nature of quo ivarranto against the N^ew York, NTew 
Haven & Hartford Railroad Company for violation of sec- 
tion 57 of part 2 of chapter 463 of the Acts of the year 
1906, in which it is provided that a railroad corporation, 
unless authorized by the General Court or by the provisions 
of other sections of the law, shall not directly or indirectlv 



xiv ATTORNEY-GENERAL'S REPORT. [Jan. 

subscribe for, take or hold the stock or bonds of or guarantee 
the bonds or dividends of any other corporation, and alleg- 
ing that the holding of said stock and bonds and the guaran- 
teeing of said bonds and dividends by the N'ew York, NTew 
Haven & Hartford Railroad Company was not authorized 
by law; also an information in equity against the same cor- 
poration, under chapter 372 of the Acts of the year 1906, 
which act was drafted by me, and in which it is provided 
that, upon an information in equity in the name of the 
Attorney-General at the relation of the Commissioner of Cor- 
porations, the Supreme Judicial Court shall have power to 
restrain by injunction any corporation from assuming or ex- 
ercising any franchise or privilege or transacting any kind 
of business not authorized by the charter of such corpora- 
tion and the laws of this Commonwealth ; and two bills in 
equity, one against the Worcester & Webster Street Railway 
Company and the other against the AVebster & Dudley Street 
Railway Company, under the provisions of section 58, part 
3 of chapter 463 of the Acts of the year 1906, which pro- 
vides that if a foreign corporation which owns or controls a 
majority of the capital stock of a domestic street railway 
company issues stock, bonds or other evidences of indebted- 
ness based upon or secured by the property, franchise or 
stock of such domestic company, unless such issue is author- 
ized by the law of this Commonwealth, the Supreme Judi- 
cial Court shall have jurisdiction in equity in its discretion 
to dissolve such domestic company. These proceedings are 
now pending in the Supreme Judicial Court, and an early 
bearing will be had. 

Unclaimed Deposits in Savings Banks. 
It is provided by section 55 of chapter 113 of the Revised 
Laws that the probate court or other court shall, upon ap- 
plication of the Attorney-General, after public notice, order 
and decree that all amounts of money deposited w^ith a sav- 
ings bank by authority of any of said courts or justice 
thereof, which shall remain unclaimed for more than five 
years from the date of such deposit, with the increase and 
proceeds thereof, shall be paid to the Treasurer and Receiver- 



1907.] PUBLIC DOCUMENT — No. 12. xv 

General, to be held and used by him according to law, subject 
to be repaid to the person entitled thereto, with interest at 
the rate of 3 per cent. Under this statute proceedings have 
been begun and decrees have been entered in several cases 
in Middlesex County, ordering payment of such deposits to 
the Treasurer and Receiver-General. There are, I am in- 
formed, other sums of money on deposit in savings banks by 
order of the probate and other courts, for heirs of estates 
and others, whose whereabouts are unknown; and I suggest 
that a similar law should be enacted respecting such de- 
posits, and that upon like proceedings they may be paid into 
the treasury of the Commonwealth, subject to repayment if 
proper claim is made. 

There was also, in 1902, the date of the last report of the 
Board of Savings Banks Commissioners relating thereto, the 
sum of $566,195.37, representing 1,804 accounts, deposited 
in savings banks to the credit of depositors who had not made 
a deposit on said accounts or withdrawn their accounts or any 
part thereof or the interest for more than twenty years. I 
would suggest a law that such unclaimed deposits, where the 
depositor cannot be found, shall be paid to the Treasurer of 
the Commonwealth, subject to be repaid to the person having 
and establishing a lawful claim thereto. 

Public Administrators. 

Section 12 of chapter 138 of the Revised Laws provides 
that when an estate has been fully administered by a public 
administrator he shall deposit the balance of such estate re- 
maining in his hands with the Treasurer and Receiver-Gen- 
eral, who shall receive and hold it for the benefit of those who 
may have lawful claims. 

I discovered during the past year that several thousand 
dollars which should have been paid to the Treasurer, as 
aforesaid, had been paid to persons by virtue of powers of 
attorney and affidavits purporting to be signed by heirs, which 
powers of attorney and affidavits, upon examination, were 
found to be fictitious. Proceedings have been instituted, and 
a large part of the sums so paid is likely to be recovered. 

I suggest that hereafter the Treasurer and Receiver-Gen- 



xvi ATTORNEY-GENERAL'S REPORT. [Jan. 

eral be made a party to all petitions for administration by a 
public administrator, and be given due notice of all subse- 
quent proceedings therein. 

Spanish War Claims. 
The work of the preparation and presentation of the Span- 
ish war claims is proceeding under arrangement made by my 
predecessor with special counsel, and the sum of $34,920.84 
has been paid into the treasury of the Commonwealth. I am 
assured by such counsel that other payments will shortly be 
made. 

Cases in the Supreme Court of the United States. 

The case of Arthur E. Appleyard, appellant, against the 
Commonwealth, being an appeal from the Circuit Court of 
the United States for the District of Massachusetts to the 
Supreme Court of the United States, upon the question of 
extradition to the State of New York, was decided in favor 
of the Commonwealth Dec. 3, 1906. Appleyard has sub- 
mitted himself to the jurisdiction of the New^ York courts, 
and been admitted to bail there. 

The .case of the Interstate Consolidated Street Railway 
Company against the Commonwealth, pending in the Su- 
preme Court of the United States upon a writ of error to 
the Superior Court of Bristol County, was ready for argu- 
ment early this month ; but, owing to sickness of counsel for 
the plaintiff in error, postponement was necessary. It in- 
volves the constitutionality of Revised Laws, chapter 112, 
section 72, being the statute relative to half fare for school 
children upon street railways. 

The case of Abe Strauss, plaintiff in error, against the 
Commonwealth, pending in the Supreme Court of the United 
States on w^it of error to the Superior Court of Plymouth 
County, is not likely to be reached for argument until the 
October term, 1907. 



1907.] PUBLIC DOCUMENT — No. 12. xvii 

Department of the Attorney-General. 

The work of the department of the Attorney-General is 
steadily increasing. There have been tried and settled in 
the Supreme Judicial Court and in the Superior Court 171 
cases, exclusive of corporation and probate cases; 852 in- 
formations have been brought in the Supreme Judicial Court 
against foreign and domestic corporations to collect taxes 
and to compel the hling of returns; and more than $15,000 
has been collected through the courts and paid to the Treas- 
urer and Receiver-General from various corporations in pen- 
alties for failure to file returns as prescribed by statute. The 
Attorney-General has appeared for the Treasurer and Re- 
ceiver-General in 404 cases in the several probate courts of 
the Commonwealth arising in connection with the determi- 
nation and collection of the collateral legacy and succession 
tax. 

One written opinion was submitted to the Senate and three 
written opinions to the House of Representatives, during the 
legislative session of 1906; and the Attorney-General or his 
assistants have appeared before the committee on ways and 
means, the joint committee on the judiciary, a special recess 
committee on taxation and other committees, for the purpose 
of advising such committees upon the legal effect of proposed 
legislation pending before them; also before the House com- 
mittee on rules, who were ordered to investigate charges of 
alleged bribery. Opinions in writing were also requested by 
the committee on ways and means, the committee on mercan- 
tile affairs and the committee on bills in the third reading, 
and the same were duly transmitted thereto. 

No satisfactory record can be kept of consultations with 
State officers and boards, except in cases in which opinions 
in writing are required, of which there were 122 in the year 
1906. It has become more and more the practice of officials 
in all branches of the government of the Commonwealth to 
consult with this department. Many such consultations are 
held daily, and much of the time of the Attorney-General 
and of his assistants has been so occupied. 



xviii ATTORNEY-GENERAL'S REPORT. [Jan. 1907. 

The Attorney-General is authorized by chaj)ter 18 of the 
Resolves of 1906 to collect and publish a second volume of the 
opinions of the Attorneys-General. This work is in process 
of jDreparation, but, owing to the increased cost of printing, 
another appropriation will doubtless be necessary if a satis- 
factory number of copies is to be printed. 

To fill the vacancies existing in the department of the 
Attorney-General when I assumed office, I have appointed 
Mr. W. Perley Hall of Eitchburg, and Mr. James E. Curtis 
of Boston, as Assistant Attorneys-General. Mr. Erederic B. 
Greenhalge and Mr. Ered T. Eield, Assistant Attorneys- 
General, and Mr. Andrew^ Marshall, Law Clerk, have been 
rea]3pointed. 

Annexed to this report are the principal opinions sub- 
mitted during the current year. 

Respectfully submitted, 

DANA MALONE, 

Attorney- Oeneral. 



OPINIONS. 



Public Officer — Resignation — Acceptance — Governor — Ex- 
ecutive Council. 

The resignation of a public officer, appointed, with the advice and consent of 
the Council, by the Governor, becomes effective upon acceptance by the 
Governor without further action thereon by the Executive Council. 

Jan. 24, 1906. 
His Excellency Curtis Guild, Jr., Governor. 

Sir : — I have the honor to acknowledge the receipt of your 
letter of the 18th, in which yon inform me that at a meeting of 
the Executive Council, held January 17, — 

It was voted that the opinion of the Attorney-General be asked as 
to whether action by the Executive Council is necessary upon the 
matter of the acceptance of \\ie resignation of an official appointed 
by His Excellency the Governor and confirmed by the Executive 
Council. 

That such officer has the absolute right of resignation, subject 
to the acceptance thereof by the proper authority, appears to be 
the prevailing doctrine in the United States, and the right of 
resignation is recognized in the statutes and also in practice. In 
my opinion it is the law in this Commonwealth that an ap- 
pointive officer may resign his office, and that such resignation 
becomes effective upon its acceptance by the appointing power. 
That being the law, it remains to be determined whether or not 
the Executive himself is the appointing power, or whether the 
power of appointment created by statute in any particular case 
is shared by the Executive Council. 

The Constitution of the Commonwealth defines the scope and 
the duty of the Council as follows (chapter II., section III., 
article I.) : — 

There shall be a council for advising the governor in the executive 
part of the government, . . . and the governor, with the said coun- 
cillors, or five of them at least, shall and may, from time to time, 
hold and keep a council, for the ordering and directing the affairs of 
the commonwealth, according to the laws of the land. 



2 ATTORNEY-GENERAL'S REPORT. [Jan. 

The power of the Governor to appoint is mentioned in the 
Constitution only in connection with judicial officers, as enumer- 
ated in chapter II., section I., article IX., which says that such 
officers " shall be nominated and appointed by the governor, by 
and with the advice and consent of the council." The appointive 
power has, ho^vever, been repeatedly vested in the Governor by 
the Legislature. 

In the case of removals from office, it seems that an officer 
appointed by the Governor, with the advice and consent of the 
Council, cannot be removed by the Executive alone, and that the 
consent of the Council is equally necessary for such action upon 
the part of the Executive. The removal of a public officer, how- 
ever, is clearly to be distinguished from his voluntary resignation ; 
and if he possesses an absolute right to resign, subject to accept- 
ance by the appointing power, the resignation becomes effective 
upon such acceptance, without action on the part of any official 
body whose approval may be required either for appointment or 
removal. 

It is clear that the Governor is the appointing power, and a 
resignation tendered to and to be accepted by him becomes effect- 
ive upon such acceptance, without any action upon the part of 
the Council; and that the Constitution does not contemplate, 
and probably does not authorize, any action by the Council be- 
yond its approval of an appointment or concurrence in a removal 
made by the Executive. 

I am therefore of opinion that no action by the Executive 
Council is necessary upon the matter of the acceptance of the 
resignation of an official appointed by His Excellency the Gov- 
ernor and confirmed by the Executive Council. 

I am, with great respect, very truly yours, 

Dana Malone, Attorney-General. 



District, Police and Municipal Courts — Justices and Clerks — 
Salaries — Readjustment — County Treasurer — Franklin 
County. 

St. 1904, c. 453, which estabhshed the salaries of the justices, clerks and assist- 
ant clerks of certain district, police and municipal courts upon a basis of 
population, expressly excepted from such classification the justices and 
clerks of the district courts of Franklin County, and such exception was 
not affected by St. 1905, c. 339, pro^dding for a readjustment of such 
salaries by the county treasurers of the several covmties, after the taking 
of the decennial censtis of the vear 1905. 



1907.] PUBLIC DOCUMENT — No. 12. 3 

It follows, therefore, that the treasurer of the county of Franklin is not author- 
ized to readjust the salaries of the officers of the district courts of such 
county upon any basis of population. 

Jan. 30, 1906. 

Charles R. Prescott, Esq., Controller of County Accounts. 

Dear Sir : — I beg to acknowledge the receipt of your favor of 
the 19th, enclosing a letter from the treasurer of Franklin County, 
in which he states that he has readjusted the salaries of the 
officers of the district courts of that county, and submits the 
question whether his action as stated will meet with your ap- 
proval. You ask my opinion as to his duties under St. 1905, 
c. 339, § 1, taken in connection with St. 1904, c. 453. 

St. 1904, c. 453, was an act to establish the salaries of the 
justices, clerks and assistant clerks of certain police, district and 
municipal courts. By section 1 the district, police and munic- 
ipal courts, other than the municipal court of the city of Boston, 
were divided into ten classes, according to population, for the 
purpose of determining the salaries of the officers thereof, and 
in each case the districts affected were included under the appro- 
priate class, as, for instance. Class G, which is as follows : — 

Courts whose judicial districts have a population of from twenty 
thousand to thirty thousand, to wit, the first district court of southern 
Worcester, the district court of central Berkshire, the district court 
of northern Berkshire, the first district court of northern Worcester, 
the fourth district court of Bristol, the second district court of east- 
ern Worcester, the district court of western . Worcester, the district 
court of western Norfolk and the first district court of southern 
Middlesex ; salaries : — Justice, fifteen hundred dollars ; clerk, nine 
hundred dollars. 

Section 2 of this act is as follows : — 

The justices and clerks of the district courts in the county of 
Franklin shall receive from said county annual salaries as follows : — 
The justice of the district court of Franklin, fifteen hundred dollars ; 
the clerk, nine hundred dollars; the justice of the district court of 
eastern Franklin, eight hundred dollars; the clerk, four hundred and 
eighty dollars. 

The justice and clerk of the district court of eastern Hampshire 
shall receive from the county of Hampshire annual salaries as fol- 
lows : — The justice, one thousand dollars ; the clerk, six hundred 
dollars. 



4 ATTORNEY-GENEEAL'S REPORT. [Jan. 

It appears, therefore, that the justices and clerks of the dis- 
trict courts in the county of Franklin, as well as the justice and 
clerk of the district court of eastern Hampshire, were excepted 
from the classification established by section 1, and were not 
affected by its provisions with regard to population. 

St. 1905, c. 339, § 1, provides for a readjustment of salaries 
after the taking of the decennial census of the year 1905, "so 
as to correspond with the schedule of salaries provided for by 
chapter four hundred and fifty- three of the acts of the year 
nineteen hundred and four." This readjustment is to be made 
in each case by the county treasurer of the county concerned, 
in accordance with the provisions of the chapter above referred 
to. 

Acting under this statute, the county treasurer of the county 
of Franklin has made a readjustment of the salaries of the offi- 
cers of the district courts of that county, and now desires to be 
informed by you whether or not such readjustment is to be 
approved by you. 

I am of opinion that St. 1905, c. 339, cannot be construed to 
amend St. 1904, c. 453, except in so far as the classification of 
specified districts in the classes established by section 1 may be 
changed by the new basis of computation. The obvious purpose 
of the act is to provide that instead of the previously existing 
tables of population the later tables established by the census of 
1905 are to be used in determining what special districts are to 
be included under any of the ten classes. The Legislature has, 
however, seen fit to exclude the count}^ of Franklin and one dis- 
trict in the coimty of Hampshire from the provisions of section 
1, and to establish fixed salaries for the court officers included 
within the act, which are not affected by population. In my 
opinion this provision remains unchanged by the enactment of 
St. 1905, c. 339, and it must follow, therefore, that the treasurer 
of the county of Franklin was not authorized to readjust the 
salaries of the officers of the district courts upon any basis of 
population. 

A'ery truly yours, 

Dana M alone, Attorney-General. 



1907.] PUBLIC DOCUMENT — No. 12. 



Constitutional Law — Governor — Petition for Pardon — Ex- 
ecutive Council. 

The Governor may, in his discretion, refuse to refer to the Executive Council 
a petition for pardon or a petition for commutation of the death penalty. 

Jan. 31, 1906. 
His Excellency Curtis Guild, Jr., Governor. 

Sir : — I have the honor to acknowledge the receipt of your 
favor of the 24th, in which 3-011 ask whether the Governor, in 
his discretion, has the constitutional right to refuse to refer a 
petition for pardon to the honorable Council, in case he deems 
it should not be granted, and also whether he has a right to 
refuse to refer a petition for the commutation of the death 
penalty, in case he believes such commutation should not be 
granted; and I beg leave to say that the Constitution of Massa- 
chusetts, part the second, chapter II., section I., article YIII., 
provides : — 

The power of pardoning offences . . . shall be in the governor, by 
and with the advice of council. 

The power to commute is an incident of the power to pardon; 
it is pardoning upon condition of the convict's voluntary sub- 
mission to a lesser punishment. The two questions may, there- 
fore, be answered together, as they are both governed by the 
language in the Constitution above quoted. Power to pardon 
under that provision lies solely with the Governor, by and with 
the advice of the Council. 

I am of opinion that the Governor may refuse to refer to the 
Council a petition for pardon or a petition for commutation of 
the death penalty. By the Constitution of Massachusetts, part 
the second, chapter IL, section I., article lY. : — 

The governor shall have authority, from time to time, at his dis- 
cretion, to assemble and call together the councillors of this common- 
wealth for the time being; and the governor with the said councillors, 
or five of them at least, shall, and may, from time to time, hold and 
keep a council, for the ordering and directing the affairs of the 
commonweahh, agreeably to the constitution and the laws of the land. 

If he desires their advice he may call them together and take 
it. If he does not desire their advice, he is not obliged to take 
it unless he proposes to act upon it after he has taken it. 



6 ATTORNEY-GENERAL'S REPORT. [Jan. 

A former Attorney-General has rnlecl that the Governor may 
refuse to pardon a convict although the pardon is recommended 
by the Council, and said : — 

The Council has no pardoning power. The Governor, it is true, 
cannot exercise the power of pardon vested in him excepting by the 
advice of the Council. But he cannot be directed by that body to 
exercise the power; for, if he could be, the power would be in the 
Council and not in him, and he would be a ministerial officer only to 
execute the power so vested in that body. The power to pardon 
necessarily imports the right to refuse pardon. (1 Op. Attys.-Gen., 
199.) 

I am, with great respect, very truly yours, 

Daxa Maloxe, Attorney-General. 



Intoxicating Liquors — Innholder — ''Open'' or ''Public Bar." 

An "open" or "public bar" is a bar or counter kept and maintained princi- 
pally if not exclusively for the sale of intoxicating liquors under any one 
of the first three classes of licenses enumerated m R. I-., c. 100, § 18, to 
be drunk at such bar or counter when furnished, such bar or counter being 
open to the public so that all persons not excepted by the pro\-isions of 
R. L., c. 100, § 17, cl. 4, may have access thereto, and may obtain hquor 
for immediate consumption. 

An innholder who maintains an inn or hotel may, under the laws of this Com- 
monwealth, have upon Ms premises a bar which is not within the above 
definition an "open" or "public bar." 

Feb. 8, 1906. 

Hon. William F. Daxa, President of the Senate. 

Dear Sir : — I have the honor to acknowledge the receipt of 
an order adopted by the honorable Senate on the sixth day of 
February, 1906, requiring the opinion of the Attorney-General 
upon the following : — 

Ordered, That the Senate request of the Attorney-General his 
opinion on the following question : Under the laws now in force, can 
a hotel in the Commonwealth legally have a bar which is not a pubhc 
or open bar? 

E. L., c. 100, § 18, establishes five classes of licenses which 
are material to the present question. These are as follows : — 

First class. To sell liquors of any kind, to be drunk on the prem- 
ises. 

Second class. To sell malt liquors, eider and light wines containing 
not more than fifteen per cent of alcohol, to be drunk on the premises. 



1907.] PUBLIC DOCUMENT — No. 12. 7 

Third class. To sell malt liquors and cider, to be drunk on the 
premises. 

Fourth class. To sell liquors of any kind, not to be drunk on the 
premises. 

Fifth class. To sell malt liquoi's, cider and light wines containing 
not more than fifteen per cent of alcohol, not to be drunk on the 
premises. 

Section 17, cl. 7, of the same chapter, prescribes conditions 
which shall be attached to licenses issued by authority of chapter 
100. These conditions establish that each license of the first 
three classes shall be issued only to persons holding licenses 
either as innholders or as common victuallers, but from the 
language of the second paragraph of clause 7, which deals with 
the first five classes, it may fairly be assumed that the statute 
contemplates that an innkeeper may also hold a license either of 
the fourth or fifth class from the following language ; " but an 
innkeeper shall not upon such holiday sell, give away or de- 
liver intoxicating liquor in his inn under a fourth or fifth class 
license. 

If an innkeeper holds a license under either the fourth or fifth 
classes, he would be authorized to sell liquors not to be drunk 
on the premises, but he would necessarily have a place where such 
liquors were kept, stored and sold. 

A bar is defined by the Century Encyclopedia and Dictionary 
as " that portion of a tavern, inn, coffee-house or the like, where 
liquor, etc., are set out. A counter over which articles are served 
in such an establishment.^' Such a place for the keeping or sell- 
ing of liquors not to be drunk on the premises would not, in my 
opinion, constitute a public bar, although it is clearly within the 
definition of a bar. That a distinction existed between the word 
" bar " and the term " public bar " is, I think, shown by the pro- 
vision which formerly existed in Pub. Sts., c. 100, § 9, cl. 5, 
which provided that : — 

Each license of the first, second and third classes [identical with 
the first three classes enumerated in R. L., c. 100, ^ 18] shall be sub- 
ject to the further condition that the licensee shall not keep a public 
bar and shall hold a license as an innholder or common victualler. 

Under this statute, the court, in Commontuealth v. Rogers, 
135 Mass. 536, at p. 539, defined the term " public bar '' as fol- 
lows : — 



8 ATTORNEY-GENERAL'S REPORT. [Jan. 

It was doubtless the jDurpose of the Legislature, iii requiring that a 
license to sell liquors, to be drunk on the premises, shall be subject to 
the " condition that the licensee shall not keep a public bar, and shall 
hold a license as an innholder or common victualler," to discourage to 
some extent the sale of liquor to be drunk on the premises, except in 
connection with meals or lunches. Pub. Sts., c. 100, § 9, cl. 5. This 
consideration is entitled to some weight in determining the meaning 
of the term " public bar " as used in the statute. 

It would certainly be difficult, and probably impossible, to define 
with absolute precision the meaning of the term " public bar," so as 
to include everything that w^ould, and exclude everything that would 
not, constitute such a bar, though under any given state of facts it 
might not be difficult to determine whether or not they constituted 
such a bar. 

Such a bar must obviously be something at which liquors are sold, 
to be drunk on the premises ; and it is equally obvious that everything 
at which liquoi-s are so sold is not necessarily such a bar; for the 
purpose of the license is to authorize such sales, unless made in a 
certain manner. In a somewhat general way, a public bar may be 
defined as a counter, table, shelf or other similar device, designed and 
used for the purpose of facilitating the sale and delivery of liquors 
there kept to any one who may apply for them, to be then and there 
drunk, not in connection with meals, lunches or food. A lunch 
counter, designed and used for furnishing lunches, would not be such 
a bar merely because sales of liquor only are sometimes made there. 

It would seem that in this opinion the court goes even further 
in distinguishing between a bar and a public bar, in stating that 
" a lunch counter, designed and used for furnishing lunches, 
would not be such a bar [public bar] merely because sales of 
liquor only are sometimes made there." It would follow, there- 
fore, that an innholder holding a license of the first class might, 
in connection with a restaurant, maintain a bar or counter at 
which food was furnished, and over which liquors were sold, 
generally in connection with food, but sometimes without food, 
and would not be maintaining a public bar, though he might 
well be held to be maintaining a bar. The distinction seems to 
be whether or not the principal business conducted at a bar or 
counter is the sale of liquors without food, or whether the sale 
of liquors is merely incidental to the business of furnishing food. 
Commonwealtli v. Everson, 140 Mass. 292; CommonweaWi v. 
Rogers, 135 Mass. 536. 

The term " open bar '^ has never been defined by our courts, 
but I am of opinion that it is S3monymous with the term " pui)lic 



1907.] PUBLIC DOCUMENT — No. 12. 9 

bar/^ and that a public bar ma}'-, for the purposes of this in- 
quiry, be defined as a bar or counter kept or maintained princi- 
pally, if not exclusively, for the sale of liquors under any one 
of the first three classes of licenses enumerated in R. L., c. 100, 
§ 18. to be drunk at such bar or counter when furnished, such 
bar or counter being open to the public so that all persons not 
coming within the exceptions enumerated in section 17, clause 4, 
might have access thereto, and might obtain, for the purposes 
of immediate consumption, such liquor as they desire. I am 
also of opinion that an innholder who maintains a hotel or inn 
may, under the laws of this Commonwealth, have a bar upon 
his premises which is not, within the above definition, a public 
bar. 

Very respectfully, 

Dana M alone, Attorney-General. 



County Commissioners — Contracts — '' Construction of Public 
WorJi's " — Notice — Posting and Publication. 

The words "construction of public works," as used in R. L., c. 20, § 27, pro- 
viding in part that all contracts made by the county commissioners for 
the construction of public works, if exceeding $800 in amount, shall be 
made in writing and after posting and publication of notice as therein 
prescribed, do not require that notice of proposals for the employment of 
architects to prepare plans shall be posted and published. 

Feb. 9, 1906. 
Charles R. Pkescott, Esq., Controller of County Accounts. 

Dear Sir : — I beg to acknowledge the receipt of your re- 
quest of January 18, asking my opinion as to whether the em- 
ployment of architects to prepare plans for the construction of 
public works is included within the provisions of section 27 of 
chapter 20 of the Eevised Laws; that is, whether it is required 
that notices for proposals for the drawing of plans for such 
work shall be posted and published. 

E. L., c. 20, § 27, provides : — 

All contracts made by them for building, altering, furnishing or 
repairing public buildings, or for the construction of public works, 
or for the purchase of supplies, shall, if exceeding eight hundred 
dollars in amount, be made in writing, after notice for proposals 
therefor has been posted in a conspicuous place in the county court 
house for at least one week and has been pubhshed at least three 
times in a newspaper, if any, published in the city or town interested 
in the work contracted for; otherwise in the newspaper of the most 



10 ATTORNEY-GENERAL'S REPORT. [Jan. 

general circulation in the county. They shall, in each case, make and 
file with the county treasurer a certificate under oath of such publi- 
cation and posting. All proposals shall be publicly opened in the 
presence of a majority of the county commissioners and recorded in 
their records. In an emergency, repairs may be contracted for with- 
out such advertisement or posting. They shall certify to the exigency 
upon the orders to the county treasurer for payment of all bills for 
such repairs. All contracts made under the provisions of this sec- 
tion, and all changes in, or additions to, or agTeements or orders for 
extras under, such contract, shall be in writing and recorded in a book 
kept for the purpose with the records of the county. No contract 
made in violation of the provisions of this section shall be valid 
against the county, and no payment thereon shall be made by the 
county. The commissioners may, however, cause county buildings to 
be repaired by day work, if, in the judgment of the board, expressed 
in a vote, the best interests of the county require; but no bill in 
excess of eight hundred doUai-s for repairs done by day work shall 
be paid by the county treasurer unless, upon or with the bill, the 
clerk of the county commissioners has certified that such vote is 
entered upon their records. 

The sole qnestion raised is as to the meaning of the phrase 
" construction of public works.^^ This phrase is susceptible of 
two interpretations : it may include work of every kind which has 
any connection, direct or indirect, with the construction of a 
public work, or it may include only actual building operations 
in accordance with a plan already prepared. The words " con- 
structed " and " construction " as used in other statutes have 
been before the court for interpretation. See Donnell v. Star- 
liglit, 103 Mass. 227; Attorney-General v. Ware River Railroad 
Co., 115 Mass. 400; McDonald v. The Nimbus, 137 Mass. 360: 
Crowell V. Cape Cod Ship Canal Co., 168 Mass. 157. 

These decisions, however, furnish little assistance in the pres- 
ent inquiry. In Crowell v. Cape Cod Ship Canal Co., supra, 
the question was, what was meant by the words "all claims for 
labor performed or furnished in the construction of said canal" ? 
It became necessary to determine whether or not the ser\dces of 
the president and clerk of the corporation, the chief engineer, 
the assistant engineer and a clerk of the chief engineer were in- 
cluded within this expression. The court decided that these 
services were not so included, and in the opinion said : — 

Presumably an important part of the services rendered in the 
engineering department were in locating the canal before beginning 
the work of construction. 



1907.] PUBLIC DOCUMENT — No. 12. 11 

But pointed out that the statute made a distmction between 
locating and constructing in the phrase " said canal company 
may locate but shall not begin to construct said canal" before 
making the deposit required by the statute. There is not in the 
language of R. L., c. 20^ § 27, any such clear indication of a 
limitation upon the meaning of the word " construction/' It 
seems, however, that the meaning of the word as so limited is 
the more natural one, and, consequently, that in the absence of 
some special reason for adopting another meaning this meaning 
is to be adopted. Not only is there no reason for departing from 
the more usual interpretation, but there is reason to conclude 
that the Legislature intended to use the word in its more natu- 
ral and restricted meaning. 

When plans and specifications for construction have been pre- 
pared, proposals for furnishing labor and material can be read- 
ily made, since the requirements to be complied with can be 
definitely stated. When, however, only the general nature of 
the work contemplated has been determined upon, proposals for 
drawing the plans for such work cannot be so readily made, 
since the requirements cannot be definitely stated. In the ab- 
sence of language which compels an inclusion of the prepara- 
tion of plans among those things which may be contracted for 
only after notice for proposals has been posted and published, it 
is not to be assumed that the Legislature intended it to be so 
included. 

I am therefore of opinion that the words "construction of 
public works'' were used by the Legislature with the intention 
that they be narrowly construed, and that the statute does not 
require that notice for proposals for the employment of archi- 
tects to prepare plans shall be posted and published. 
Very truly yours, 

Dai^a Malon-e, Attorney-General. 



Charitable Corporation — Special Charter — Increase in Hold- 
ings of Real and Personal Property. 

A corporation chartered under a special act, for the purpose of pro\dding for 
the support of aged, destitute women not otherwise provided for, may 
increase its holdings of real and personal property under the general pro- 
vision of R. L., c. 125, § 8, authorizing any corporation organized under 
general or special laws for educational, charitable, benevolent or religious 
pwirposes to hold real or personal estate to an amount not exceeding 
$1,500,000, provided that the charter of such corporation contains no 
pro\'ision inconsistent therewith. 



12 ATTORNEY-GENERAL'S REPORT. [Jan. 

Feb. 14, 1906. 
J. B. Ferber, Esq., Chairman, Committee on Bills in the Third Reading. 

Dear Sir : — I beg to acknowledge receipt of your favor of 
the 8th in reference to House Bill No. 208 and Senate Bill No. 15^ 
of the current 3'ear, in which you inquire whether the corpora- 
tions mentioned therein, namely, the Trustees of Monson Acad- 
emy and the Association for the Relief of Aged and Destitute 
Women in Salem, " are empowered by general law to increase 
their holdings of real and personal estate to the extent specified 
in the said bills, so that the legislation embodied in these bills 
would be superfluous." Your letter further states that : — 

It is understood, and is made a part of the question herewith sub- 
mitted, that a yearly fee for tuition is charged by the Monson Acad- 
emy, and that a fee, or lump sum, for the admission of inmates is 
charged by the Association for the Relief of Aged and Destitute 
Women in Salem; but in neither case is the fee equal to the expendi- 
ture made necessary by the admission of a scholar in the one case, or 
of an inmate in the other. 

R. L., c. 125, § 2, provides that a corporation may be formed 
by authority of the chapter, " for any educational, charitable, 
benevolent or religious purpose." 

Section 8 provides : — 

Any corporation organized under general or special laws for any 
of the purposes mentioned in section two and under sections thirteen 
to sixteen, inclusive, may hold real and personal estate to an amount 
not exceeding one million five hundred thousand dollars, which shall 
be devoted to the purposes set forth in its charter or ag-reement of 
association, and it may receive and hold, in trust or otheiivise, funds 
received by gift or bequest to be devoted by it to such purposes. 

The committee desire to be informed whether or not the cor- 
porations hereinbefore named may hold real and personal estate 
in the amount specified by authority of R. L., c. 125, § 8, with- 
out express legislative sanction therefor. 

In the case of Senate Bill No. 15, the Association for the 
Relief of Aged and Destitute Women in Salem was incorporated 
under a special act (St. 1860, c. 183), for the purpose of pro- 
viding for the support of aged, destitute women not otherwise 
provided for, and for such purpose was authorized to hold real 
and personal property to the amount of $100,000. This amount 



1907.] PUBLIC DOCUMENT — No. 12. 13 

was subsequently increased by St. 1885, c. 21, to $300,000. The 
purpose for which this association was chartered is clearly a char- 
itable or benevolent one, within the meaning of E. L., c. 125, 
§ 2, since such purpose is for the relief of the needy, the sick 
or the afflicted. See Chamberlain v. Stearns, 111 Mass. 267; 
Mass. Soc. for Prevention of Cruelty, etc., v. Boston, 142 Mass. 
24; New England Theosophical Soc. v. Boston, 172 Mass. 60. 

There seems to be no good reason why it might not as well 
have been incorporated under the general laws existing in 1860 
as by special enactment. See St. 1857, c. 56; Gen. Sts., c. 32. 

It follows, therefore, that it is within the permission given by 
E. L., c. 125, § 8, and may increase its holdings of real and per- 
sonal estate to the amount specified. 

In the case of House Bill No. 208, it is equally clear that the 
Trustees of Monson Academy are a corporation formed for edu- 
cational, benevolent or charitable purposes. See Mt. Hermon 
Boys' School v. Gill, 145 Mass. 139; Wesleyan Academy v. Wil- 
hraham, 99 Mass. 599. But there is a distinction in the lan- 
guage of the act of incorporation (St. 1804, c. 10, by which, in 
section 2, the corporation is authorized to hold real and per- 
sonal estate), in that there is the following proviso: — 

Provided, that the annual income of the whole estate of the said 
corporation shall not exceed five thousand dollars. 

Assuming that this section has not, since its enactment, been 
amended so as to destroy the force of this prohibition, I am of 
opinion that the corporation may not take advantage of the pro- 
visions of E. L., c. 125, § 8, and that special legislation is neces- 
sary to authorize any increased holdings of real and personal 
estate by it. 

Very truly yours, 

Dan"A Malone, Attorney-General. 



Metropolitan Park Commission — Rules and Regulations for 
the Use of the Charles River. 

The Metropolitan Park Commission may, regardless of the ownership of the 
soil beneath the stream, enact and enforce rules and regulations govern- 
ing the public use of the Charles River at any point within the metropolitan 
parks district, provided that such rules and regulations are not repugnant 
to the power of Congress to regulate commerce, and are not in conflict with 
the authority to supervise tide waters, vested by R. L., c. 96, § 8, in the 
Board of Harbor and Land Commissioners. 



14 ATTORNEY-GENERAL'S REPORT. [Jan. 

Feb. 17, 1906. 
JoHX Woodbury, Esq., Secretary, Metropolitan Park Commission. 

Dear Sir : — I beg to acknowledge the receipt of your favor 
of January 31, in which the opinion of the Attorney- General is 
requested by the Metropolitan Park Commission upon the fol- 
lowing questions : — 

First. — Whether the commission has authority to enact and en- 
force rules and regulations governing the public use of the Charles 
River at any point within the metropolitan parks district, regardless 
of the ownership of the soil beneath the river; or whether the right 
is limited to those parts of the river where the Commonwealth, 
through this commission, owns and controls the bed of the river. 

Second. — If the right to enact and enforce rules and regulations 
under the act of 1900 is limited to those parts of the river where the 
commission owns and controls the bed of the river, what authority 
does the act of 1900 give beyond that contained in section 4 of chapter 
407 of the Acts of the year 1893? 

Acts of 1893, c. 407, § 4, provides that: — 

. ... In furtherance of the jDowers herem granted, said board may 
employ a suitable police force, make rules and regulations for the 
government and use of the public reservations under their care, and 
for breaches thereof affix penalties not exceeding twenty dollars for 
one offence, to be imposed by any court of competent jurisdiction, 
and in general may do all acts needful for the proper execution of 
the powers and duties granted to and imposed upon said board by the 
terms of this act. 

Acts of 1897, c. 121, § 3, provides that: — 

The police appointed or emplo^^ed by said commission, . . . shall 
have within the metropolitan parks district all the powers of police 
officers and constables of cities and towns of this Commonwealth, 
except the power of serving and executing civil process. 

Acts of 1900, c. 340, § 1, provides that: — 

The metropolitan park commission may from time to time make 
rules and regulations to govern the public use of the Charles river, 
the Neponset river, and the Mystic river, within the metropolitan 
parks district, and of the ponds and other waters along which it holds 
abutting lands for public open spaces in said district, and for breaches 
thereof may affix penalties not exceeding twenty dollars for one 



1907.] PUBLIC DOCUMENT — No. 12. 15 

offence, to be imposed by any court of competent jurisdiction; and 
in general may do all acts needful for the proper execution of the 
powei-s and duties granted to and imposed upon said board by this 
act. . . . 

By this section the Legislature has delegated to the commis- 
sion authority to regulate the public use of the entire Charles 
Eiver as far as it flows within the metropolitan parks district, 
unless the words " along which it holds abutting lands/' etc., 
qualify all the rivers and waters mentioned, and not merely 
'' the ponds and other w^aters " immediately preceding those 
words. Such a construction, however, seems to me an impos- 
sible one. 

If, then, the Commonwealth itself had the power to regulate 
this use of the river, it has delegated that power to the Board 
of Park Commissioners. Such a delegation is constitutional. 
In Brodhine v. Revere, 182 Mass. 598, at p. 603, the court 
says : — 

We are of opinion that the authority given to the Board of Metro- 
politan Park Commissioners to make rules and regulations in regard 
to parks and ways, with a provision that breaches of these rules shall 
be punishable like breaches of the peace, is not a delegation of legis- 
lative power which is unconstitutional. 

The question, therefore, is whether the Commonwealth had 
authority to regulate the public use of the Charles Eiver. In 
Massachusetts it has been repeatedly held that the public has 
the right to navigate and fish for pleasure, or as a bnsiness, 
over tidal waters, and that it has the right to navigate and to 
have fish freely pass in rivers above tide water, if navigable in 
fact. Dml-e v. Curtis, 1 Cush. 395, 413. 

In CommoniveaJth v. Alger, 7 Cush. 53, the court says 
(p. 98): — 

In addition to these [private rights] are two acknowledged public 
rights, which are regarded as such, to be preserved and maintained 
for general and common use, although every portion of the soil over 
which the rivers flow is the private property of the riparian owners. 
These are : 1. The right of passage with boats, rafts and other vessels 
adapted to the use of such waters ; 2. The right of the public to have 
these rivers kept open and free for the migratory fish. . . . Both of 
these rights are recognized as public rights in the case of Common- 
wealth V. Chapin, 5 Pick. 199. 



16 ATTORNEY-GENERAL'S REPORT. [Jan. 

In Blood V. Nashua & Loivell Railroad, 2 Gray, 137, 139, it is 
said : — 

But there is another right in rivers and water courses, for naviga- 
tion, boating and rafting. The rule of the common law is that waters 
are not navigable miless within reach of the ebb and flow of the tide. 
But it has often been held here that the public have a right to the 
use of the large rivers, and, indeed, of all rivers and water courses, 
suitable for boats and rafts, and in that sense they are deemed navi- 
gable, though above the ebb and flow of the tide. In these, there is a 
right of way for boats and rafts. 

It is also well settled that the Commonwealth may make rules 
and regulations governing these public uses. Commonwealth v. 
Vincent, 108 Mass. 441, 447. 

The power of the Legislature of the Commonwealth over the public 
rights of navigation and fishing in any waters within its boundaries is 
unrestricted, provided it does not interfere with the power to regu- 
late commerce, conferred upon the general government by the Con- 
stitution of the United States. Cooley v. Philadelphia Board of 
Wardens, 12 How. 299. ... In those waters, whether within or 
bej^ond the ebb and flow of the tide, which are not navigable from the 
sea for any useful purpose, there can be no restriction upon its 
authority to regulate the public right of fishing, or to make any 
grants of exclusive rights which do not impair other private rights 
already vested. 

The private rights of riparian owners are not now under dis- 
cussion and could not be affected by any action of the Park 
Commission. See Proprietors of Mills v. Commonwealth, 164 
Mass. 227, at p. 229. 

From the foregoing statutes and cases I think it is clear that 
the commission has authority to enact and enforce reasonable 
rules and regulations governing the public use of the Charles 
River at any point within the metropolitan parks district, re- 
gardless of the ownership of the soil beneath the river, and above 
and below the dam at Watertown. Such regulations as are made 
for the use of that part of the river below the dam may be 
limited, however, by the power of Congress to regulate com- 
merce, and should, furthermore, be made in the light of the 
authority of the Board of Harbor and Land Commissioners, as 
provided in R. L., c. 96, § 8 : — 



1907.] PUBLIC DOCUMENT — No. 12. 17 

Said board shall have general care and supervision of the harbors 
and tide waters within the commonwealth, of the flats and lands 
flowed thereby, of the waters and banks of the Connecticut river 
within the commonwealth and of all structures therein, in order to 
prevent and remove unauthorized encroachments and causes of every 
kind which may injure said river or interfere with the navigation of 
such harbors, injure their channels or cause a reduction of their tide 
waters, and to protect and develop the rights and property of the 
commonwealth in such flats and lands; and it may make surveys, 
examinations and observations necessary therefor. 

As, in my opinion, the first question should be answered in the 
affirmative, an answer to the second question becomes unneces- 
sary. 

Very truly yours, 

Dana Malone, Attorney -General, 



Tide Water — Cities and Towns — License — Fish Trap. 

A fish trap cannot be lawfully maintained in tide water without a license, 
as required by R. L., c. 91, § 116, from the selectmen of the town, or 
mayor and board of aldermen of the city, within which such fish trap is 
located. 

Feb. 26, 1906. 

Hon. Woodward Emery, Chairman, Board of Harbor and Land Commis- 
sioners. 

Dear Sir : — The recent inquiry of the Board of Harbor and 
Land Commissioners, referring to this department the following 
communication from the selectmen of Provincetown — 

Town of Provincetown, 
Office of Selectmen, Jan, 22, 1906. 

Harbor and Land Commissioners of Massachusetts. 

Gentlemen : — Do you consider the selectmen of this town have 
any jurisdiction over a fishing trap that is constructed the same as a 
fish weir, only it has no poles? Anchors and rocks are used to keep 
it in place. As we read the Revised Laws it looks to us as though a 
fish trap requires a license the same as a fish weir. We would like 
your opinion on it, and will abide by your decision. 

Very truly yours, 

Geo. Allen, 
Herman S. Cook, 
C. Austin Cook, 

Selectmen of Provincetown. 



18 ATTORNEY-GENERAL'S REPORT. [Jan. 

and requesting an opinion as to whether the Board should con- 
sider an unlicensed fish trap a nuisance in tide water, came duly 
to hand. 

E. L., c. 91, § 116, provides that: — 

The mayor and aldermen of a city and the selectmen of a town 
lying upon tide water, except cities and towns bordering on Buzzard's 
bay, may in writing authorize any pei^on to construct weirs, pound 
nets or fish traps in said waters within the limits of such city or 
town for a term not exceeding five years, if such weirs, pound nets or 
fish traps do not obstruct na\ugation or encroach on the rights of 
other persons. 

This statute in express terms applies to fish traps as well as to 
weirs. If the " fishing trap,^^ as the selectmen in their letter 
assume, is a fish trap, it cannot be lawfully maintained without 
a license from the selectmen of the town within which it is 
located. 

E. L., c. 91, § 118, provides that whoever maintains such a 
fish trap, without a license, shall forfeit ten dollars for each day 
he maintains such fish trap, and may be indicted therefor and 
enjoined therefrom. 

Very truly yours, 

Dana Malone, Attorney-General. 



Insurance — Foreign Insurance Company — Tax upon Pre- 
miums — Reciprocal Legislation. 

A tax or excise assessed to a New York life insurance company upon all pre- 
miums charged or received upon contracts made by it in tliis Common- 
wealth, at a rate equal to the highest rate imposed during the preceding 
year by the State of New York upon Massachusetts life insurance com- 
panies doing business in New York, in accordance with the pro\'isions of 
R. L., c. 14, § 28, is properly imposed upon such a company since chapter 
118 of the laws of 1901 of the State of New York went into effect; and 
the tax or excise so assessed need not be reduced either becatise the New 
York statute has been held in that State not to be applicable to the receipt 
of premiums upon contracts entered into by a domestic company prior 
to the passage of the act, or because a New York insurance company doing 
business in this Commonwealth may be assessed upon a class of receipts 
which are possibly not assessed to Massachusetts companies doing busi- 
ness in New York, — especially since the going into effect of chapter 94 of 
the Acts of 1905 of the State of New York. 

March 7, 1906. 

Hon. W. D. T. Trefry, Tax Commissioner. 

Dear Sir: — Under date of Jan. 11, 1906, you asked an 
opinion of my predecessor, Hon. Herbert Parker, upon certain 



1907.] PUBLIC DOCUMENT — No. 12. 19 

questions relating to the taxation of life insurance companies. 
You say : — 

Life insurance companies, both foreign and domestic, are taxed in 
Massachusetts, under the provisions of section 24, chapter 14 of the 
Revised Laws, upon the net value of all policies m force on the pre- 
ceding thirty-first day of December, issued or assumed by such com- 
pany and held by residents of the Commonwealth. They may also 
be taxed under the reciprocal provision of section 28 of chapter 14. 

E. L.^ c. 14, § 24, provides that a domestic or foreign company 
or association which is engaged in the business of life insurance 
within this Commonw^ealth, — 

shall annually pay an excise tax of one-quarter of one per cent upon 
the net value of all policies in force on the preceding thirty-first day 
of December, issued or assumed by such company and held by resi- 
dents of the commonwealth, as determined by the tax commis- 
sioner. . . . 

Section 28 provides that: — 

A life insurance company, association or partnership, incorporated 
or associated by authority of any other state of the United States, by 
the laws of which a tax is imposed upon the premium receipts of life 
insurance companies chartered by this commonwealth and domg 
business in such state, or upon their agents, shall annually, so long 
as such laws continue in force, pay a tax or excise upon all premiums 
charged or received upon contracts made in this commonwealth, at a 
rate equal to the highest rate so imposed during the year. 

Laws of New York, 1901, c. 118, § 1, provides that: — 

An annual state tax for the privilege of exercising corporate fran- 
chises or for carrying on business in their corporate or organized 
capacity withm this state, equal to one per centum of the gross 
amount of premiums received during the preceding calendar year, 
for business done in this state, whether such premiums were in the 
form of money, notes, credits or any other substitute for money, shall 
be paid annually into the treasury of the state, on or before the first 
day of June, by the following corporations ; . . . 

2. Every insurance corporation incorporated, organized or formed 
under, by or pursuant to the laws of any other state of the United 
States and doing business in this state, except a corporation doing a 
fire insurance business or a marine insurance business . . . 



20 ATTORNEY-GENERAL'S REPORT. [Jan. 

This act was amended by Laws of New York, 1905, c. 94, by 
providing that the tax should be on the gross amount of pre- 
miums received during the preceding calendar year — 

for business done at any time in this state, which gTOss amount of 
premiums shall include all premiums received during such preceding 
calendar j^ear on all policies, certificates, renewals, policies subse- 
quentty canceled, insurance and reinsurance during such preceding 
calendar year, and all premiums that are received during such pre- 
ceding calendar year on all policies, certificates, renewals, pohcies 
subsequently canceled, insurance and reinsurance executed, issued or 
delivered in all j^ears prior to such preceding calendar year, whether 
such premiums were in the form of money, notes, etc. 

In 1905 the Tax Commissioner of Massachusetts assessed the 
Metropolitan Life Insurance Company of New York a tax under 
section 24 upon the net value of its policies, amounting to 
$21,058.58; and also assessed a tax upon the same company, 
under the provisions of section 28, based upon the premiums 
received during the year ending Dec. 31, 1904, of $46,618.25. 
By an agTeement made with the Commissioner of Insurance of 
the State of New York, the taxes assessed under sections 24 and 
28 are not deemed to be cumulative; that is, a tax under each 
section is estimated and then only the larger one is collected. 

In the case of The People of the State of New Yorh, ex rel. 
The Provident Savings Life Insurance Society v. Miller, decided 
by the New York Court of Appeals in 1904, it was held that 
imder chapter 118 of the Laws of 1901 the premium receipts 
of a domestic insurance company could only be assessed upon 
receipts from insurance written subsequently to the passage of 
the act, and that receipts of premiums upon contracts entered 
into before the enactment of the statute could not be taxed. 

The Metropolitan Life Insurance Company has appealed from 
the tax assessed in Massachusetts under the provisions of section 
28, upon the ground that under the New York decision only such 
receipts as were taxable in New York during the jesiT 1904 could 
be taxed in Massachusetts for that same year. You request the 
opinion of the Attorne3'-General as to whether you were right in 
assessing the tax as you did upon the Metropolitan Life Insur- 
ance Compan}^ for the 5'ear 1904. 

I am of opinion that the tax was properly assessed and no 
part of it should be repaid to the company. There are several 



1907.] PUBLIC DOCUMENT — No. 12. 21 

grounds upon which the validity of the assessment can be main- 
tained : — 

1. Section 28 provides that the tax or excise upon all pre- 
miums charged or received upon contracts made in this Com- 
monwealth shall be paid annually, so long as the laws in the 
foreign State continue in force, and at a rate equal to the highest 
rate so imposed during the year. Under this section it is obvious 
that the exact form or quantity of premiums collected or taxed 
in the foreign State in a given year is immaterial, the only ma- 
terial question being, What was the highest rate imposed by the 
foreign law during the year ? 

3. The New York decision does not affect the imposition of 
the Massachusetts tax. That case held, first, that the New York 
tax with respect to domestic corporations was a tax upon the 
exercise of a franchise; and second, that the act of receiving 
premiums from pre-existing contracts of insurance did not neces- 
sitate an exercise of the franchise; and the case was expressly 
distinguished from one involving the taxation of a corporation 
foreign to New York. Upon this point the court said : — 

The statute designates the burden as one " for the privilege of 
exercising corporate franchises," and, consequently, it can be laid 
only upon such business as depended upon the exercises of such 
franchise. It could not have been lawfully imposed upon the re- 
ceipts of busmess contracts that the company had the right to collect 
and enforce by virtue of the contract alone, and that did not depend 
upon the exercise of the franchise. . . . The tax is purely a fran- 
chise tax and nothing else as to domestic corporations. The tax 
imposed " for carrying on business in their corporate or organized 
capacity" applies only to foreign corporations deriving their fran- 
chises from other sovereignties. 

Moreover, section 28 of chapter 14 makes no distinction be- 
tween an excise upon the exercise of a franchise and an excise 
upon the doing of business in the State ; either or both may prop- 
erly be taxed. See Connecticut Ins. Co. v. CommomveaWh,, 133 
Mass. 161, at p. 163 : — 

It has been uniformly held . . . that the Legislature has the power 
to impose an excise upon any business or calling exercised in the 
Commonwealth, and upon any franchise or privilege conferred by or 
exercised within the Commonwealth. Portland Bank v. Apthorp, 12 



22 ATTORNEY-GENERAL^S REPORT. [Jan. 

Mass. 252; Commonwealth v. People's Five Cents Savings Bank, 5 
Allen, 428. 

The power to impose an excise upon corporations or associations 
engaged within this Commonwealth in the business of life insurance, 
whether incorporated here or incorporated elsewhere and allowed by 
comity to cany on business here, cannot now be doubted. 

Thus, the case of People v. Miller is irrelevant in this discus- 
sion; first, because its effect was expressly limited to domestic 
corporations, with an indication that all the premiimi receipts of 
a foreign corporation could be taxed; and second, because in 
Massachusetts there seems to be no objection to taxing " the 
right to do business ^' as distinguished from " the exercise of a 
franchise,^^ even of a domestic company. 

3. Under the act of Xew York, chapter 94 of the Acts of 1905, 
the tax assessed on all life insurance companies, whether do- 
mestic or foreign, was made expressly measurable by the amount 
of premiums collected during the year 1904, whether upon new 
contracts or renewals of old contracts. Under that statute there 
can be no question but that Massachusetts companies were as- 
sessed a tax in Xew York in 1905 based upon all their premium 
receipts collected in N'ew York during 1904; consequent!}^, there 
can be no injustice in assessing the Metropolitan Company in 
Massachusetts a tax based upon all of its premium receipts col- 
lected in Massachusetts in 1904. 

4. It might be argued (by analog}^ with the second point de- 
cided in People v. Miller, whicli I have not quoted) that the tax 
as assessed here in 1905 is retroactive in its action, because it 
imposed a burden upon the receipts of 1904. But it must be 
remembered that section 28 has been in force since 1873. Since 
that time all foreign life insurance companies have been subject 
to being taxed under its provisions, upon a certain contingency, 
i.e., the passing of a certain form of taxation law in a foreign 
State. That contingency occurred in 1901, since which time 
effect has properly been given to section 28. 

5. It has been argued for the Metropolitan Company that 
upon a broad view of the policy of the Commonwealth it would 
be unjust to tax a N'ew York corporation here upon receipts 
which were not taxed to foreign corporations in New York, and 
that it is especially unjust in this instance, as the Metropolitan 
Company is the only foreign company whose tax under section 
28 exceeds the tax under section 24. The answer to this argu- 



1907.] PUBLIC DOCUMENT — No. 12. 23 

ment is twofold: firsts that the provisions of section 28 are plain, 
and contain no warrant for a reduction of the tax upon some 
vague principle of interstate justice; and second, that under the 
decision of People v. Miller it appears that Massachusetts corpo- 
rations in New York would be and probably are assessed a tax 
based upon all their New York premium receipts, whether re- 
ceived under old or new contracts. That this company is the 
only one which has so far been taxed under the provisions of 
section 28 does not seem a sufficient reason for abating the tax, 
as it is confessedly a tax, not upon the value of the policies in 
force, as in section 24, but upon the privilege of doing business 
as measured by the amoimt of business done, — and the Metro- 
politan Company acknowledges that it has done by far the largest 
business in this Commonwealth, during the past few years, of 
any of the foreign companies. 

The question of the constitutionality of section 28, under the 
clause of the Constitution which provides that " full power and 
authority are hereby given and granted to the said general court 
to impose and levy reasonable duties and excises upon any pro- 
duce, goods, wares, merchandise and commodities whatsoever, 
brought into, produced, manufactured or being within the Com- 
monwealth,^^ has not been raised by the Metropolitan Company. 
I do not, therefore, go into the problem of how far a reciprocal 
or retaliatory tax, as enforced by the Tax Commissioner and 
affecting only certain corporations of certain States, such as is 
provided by section 28, would be constitutional under the clause 
above set forth. 

Very truly yours, 

Dana Malone, Attorney-General. 



Taxation — Corporate Bonds — Mortgage — Value of Bonds in 
Excess of Value of Mortgaged Real Estate. 

The bonds of the New England Cotton Yarn Company, amounting to $5,206,000 
par value, are taxable to the holders thereof upon the excess of the amount 
outstanding over the assessed value, to wit, $2,105,575, of the real estate 
mortgaged to secure such bonds. 

March 8, 1906. 

Hon. W. D. T. Trefry, Tax Commissioyier. 

Dear Sir : — You request the opinion of the Attorney-General 
as to whether the bonds of the New England Cotton Yarn Com- 
pany, secured by a mortgage of real and personal property to 



24 ATTORXF.Y-GENERAL'S REPORT. [Jan. 

The New England Trust Company, trustee, are taxable to the 
individual owners thereof. It appears that there are $5,206,000 
par value of its bonds outstanding, and that its real estate is 
assessed for $2,105,575. 

It is obvious that it has alwa3"S been the policy of the Common- 
wealth to tax as personal estate " all money at interest and other 
debts due the person to be taxed more than he is indebted or 
pays interest for.^^ Knight v. Boston, 159 Mass. 551, held that the 
bonds of a mercantile corporation, the Boston Water Power Com- 
pan}', secured by a mortgage to a trustee for bondholders, under 
which the trustee had entered and been assessed for more than the 
par value of the outstanding bonds, are exempt from taxation 
under Pub. Sts., c. 11, § 4, now E. L., c. 12, § 4. The court said 
(p. 553): — 

When a mortgage is made to a trustee fOr bondholders, the mort- 
gage interest is taxable to the trustee who represents them, as it 
would have been to the bondholders themselves if the mortgage had 
been made to them drrectty. In the present instance the trustees have 
paid the tax on the whole value of the land, which is equal to the 
amount of the bonds outstanding. The tax on the bonds must be 
abated. 

The effect of this decision is to apply the exemption in all 
cases of mortgage debts, whether notes or bonds, and irrespec- 
tive of any intervening trust. There is nothing in the case, 
however, to indicate that the exemption is to be extended to the 
excess of a loan above the assessed value of the mortgaged real 
estate. As the policy of the Commonwealth has been and still 
is to tax all indebtedness, and as the exemption was created 
wholly to protect certain property from double taxation, and 
with an exception from the exemption in clear and unequivocal 
terms, I am of opinion that the bonds of the New England 
Cotton Yarn Company are taxable to the holders thereof with 
respect to the excess of the amount outstanding above the as- 
sessed value of the real estate subject to the mortgage. 

The only cases besides the Knight case of interest upon this 
point are those of Firemen's Fire Insurance Co. v. Common- 
wealth, 137 Mass. 80, and ^Yorcester v. Boston, 179 Mass. 41. In 
the first case it was held that a corporation owning mortgages 
secured by real estate was entitled, under Pub. Sts., c. 12, §§ 14 
to 16, and Pub. Sts., c. 13, §§ 39 and 40, to have the amount of 



1907.] PUBLIC DOCUMENT — No. 12. 25 

the mortgages held by it deducted from the aggregate value of 
its shares in determining the amount of its franchise tax. This 
decision goes upon the ground that a mortgagee's interest is 
" real estate subject to local taxation/' within the meaning of 
the franchise tax statute. 

In the second case it is said (p. 49) that: — 

The provisions of Pub. Sts., c. 11, §§ 14, 15, 16, are rarely re- 
garded, and the result intended by them has been practically reached 
by a failure on the part of the assessors to assess to the mortgagee, 
either as real or personal property, the sum represented by the 
mortgage. 

Also, in Abbott v. Frost, 185 Mass. 398, 399, it is said that: — 

Such assessments are permitted by our laws relating to taxation, 
and have been held to be in strict accordance with their provisions. 

These decisions seem to me to indicate conclusively that the 
words " taxable as real estate " are not limited, in their applica- 
tion to the interests of mortgagees, to interests actually taxed to 
the mortgagees in a given year^ but include all such interests as 
might be assessed to them under section 16. The case of Knight 
V. Boston does not definitely decide this point, as the tax there 
had been assessed to and paid by the trustees; but to hold other- 
wise would be to permit the exemption to rest upon the caprice 
of individual assessors as to whether they preferred to assess the 
property to the mortgagor or to the mortgagee. I do not think 
the language should be construed to have such an effect. Conse- 
quently, I am of opinion that only the excess of the bonds over 
the value of the real estate is taxable, but that this is taxable 
irrespective of the party to whom the mortgagee's interest is 
actually assessed. 

Very truly yours, 

Dana Malone, Attorney-General. 



Public Officer — Investigatio7i — Employment of Counsel — 

Expense. 

Upon an investigation or hearing of charges preferred against a State official 
or board by the Governor and the Executive Council, such official or board 
may not employ counsel at the expense of the Commonwealth. 



2(3 ATTORNEY-GENERAL'S REPORT. [Jan. 

Maech 14, 1906. 
His Excellency Curtis Guild, Jr., Governor. 

Sir : — I have the honor to acknowledge your communication 
of March 1, which is as follows : — 

Eesolved, That the opinion of the Attorney-General be requested 
on the foUowmg point of law: Whether m ease of the uivestigation 
of a State official or board or the hearing of charges prefeiTed 
against same, it is lawful for said official or board to emjDloy counsel 
at the expense of the Commonwealth. 

R. L., c. 7, § 1, reads as follows : — 

The attorney general shall appear for the commonwealth, the secre- 
tary, the treasurer and receiver general, the auditor of accounts and 
for state boards and commissions in all suits and other civil pro- 
ceedings in which the commonwealth is a party or interested, or in 
which the official acts and doings of said officers are called in ques- 
tion, in all the courts of the commonwealth, except upon criminal 
recognizances and bail bonds; and in such suits and proceedings 
before any other tribunal when requested by the governor or by the 
general court or either branch thereof. All such suits and proceed- 
ings shall be prosecuted or defended hy him or under his direction. 
. . . All legal services required by such officers, boards, commissions 
and commissioner of pilots for the harbor of Boston in matters 
relating to their official duties shall be rendered by the attorney gen- 
eral or under his direction. 

This statute put an end to the practice which previously had 
prevailed to some extent among State boards and commissions 
of employing private counsel in public matters at the expense of 
the Commonwealth. McQiiesten v. Aitorneij-General, 187 Mass. 
185. 

E. L., c. 7, § 9, provides that the Attorney-General — 

If in his opinion the interests of the commonwealth so require, 
. . . may, with the approval of the governor and council, employ 
additional legal assistance. 

The entire responsibility, therefore, for suits and proceedings, 
at all stages of their progress, rests upon the Attorney-General, 
who may, with your approval, if in his opinion the interests of 
the Commonwealth require, employ such additional assistance 
as he may deem necessary. 



1907.] PUBLIC DOCUMENT — No. 12. 27 

It has been suggested that it would be improper for the At- 
torne}^- General to appear for the officers of a board or commis- 
sion at an investigation before you^ in which their official acts 
and doings were called in question, or to have any direction as 
to the defence of the same; but it seems that if it would be im- 
proper for the Attorney- General to appear in such a case, then it 
would be improper that the money of the Commonwealth should 
be expended for that purpose, and that such officers should be 
required to defend themselves without assistance from the Com- 
monwealth. I am therefore of opinion that the officers of such 
boards and commissions have no right to employ private coun- 
sel at the expense of the Commonwealth in case of an investiga- 
tion of charges made against them. 

I am, with great respect, very truly yours, 

Dana Malone, Attorney -General. 



Charitable or Benevolent Corporations — Authority to increase 
Holdings of Real or Personal Property. 

Corporations specially chartered for charitable or benevolent purposes may, 
without express legislative authority, increase the amount of rearl or per- 
sonal property held by them, in accordance with the provisions of R. L., 
c. 125, § 8, that any such corporation may hold real and personal estate 
to an amount not exceeding $1,500,000. 

Quaere, as to the effect of R. L., c. 125, § 12, providing that any such corpora- 
tion formed before July 27, 1874, upon compliance with the requirements 
of such section, may accept the preceding sections of such chapter, and 
thereupon "shall have the powers and privileges and shall be subject to 
the duties and liabilities of corporations formed under said sections." 

March 20, 1906. 
Harvey Wheeler, Esq., Chairman, Committee on Mercantile Affairs. 

Dear Sir : — The committee on mercantile affairs ask my 
opinion as to whether Senate Bill No. 15 and House Bill No. 320 
should be passed, or whether the desired object can be obtained 
under general laws. They are similar in character and author- 
ize the holding of additional real and personal estate by the 
iVssociation for the Relief of Aged and Destitute Women in 
Salem and the Gwynne Temporary Home for Children. In the 
case of the former, its status as a charitable corporation has 
already been considered and established by an opinion of the 
Attorney- General, dated Feb. 14, 1906, and, so far as appears 
from the evidence submitted, the Gwynne Temporary Home for 
Children is a similar institution, incorporated for a charitable 



28 ATTORNEY-GENERAL'S REPORT. [Jan. 

or benevolent purpose. See Chamberlain v. Stearns, 111 Mass. 
267; New England Theosophical Society v. Boston, 172 Mass. 
60. Either of these institutions may, therefore, without further 
legislation, increase the amount of real or personal property 
held by it to that specified in section 8 of chapter 125 of the 
Revised Laws, which is as follows : — 

Any corporation organized under general or special laws for any 
of the purposes mentioned in section two and under sections thirteen 
to sixteen, inclusive, may hold real and personal estate to an amount 
not exceeding one million five hundred thousand dollars, which shall 
be devoted to the purposes set forth iu its charter or agreement of 
association, and it may receive and hold, in trust or otherwise, funds 
received by gift or bequest to be devoted by it to such purposes. 

I am aware of the provisions contained in R. L., c. 125, § 12, 
providing that a corporation formed before the twenty-seventh 
day of July in the year 1874, under the provisions of any stat- 
ute, for any of the purposes mentioned in section 2, may accept 
the provisions of the preceding sections upon compliance with 
the requirements of section 12, upon which " such corporation 
shall have the powers and privileges and be subject to the duties 
and liabilities of corporations formed under said sections." It 
does not appear that either of the corporations above referred to. 
although both were incorporated before 1874, has acted under 
this section, but I am of opinion that upon consideration of the 
history of this legislation it cannot be construed to affect them. 
Gen. Sts., c. 32, which treated of corporations of the character 
of those under consideration, was repealed by St. 1874, c. 375, 
which substantially re-enacted its provisions. It seems, however, 
that the Legislature, fearing that by such repeal the corporate 
existence of corporations organized under the repealed statute 
might have been terminated, enacted in St. 1875, c. 49, § 2, a 
provision which declared that by the act of the preceding year 
existing corporations were not to be affected, and further pro- 
viding, lest this enactment should be ineffective, that all such 
corporations, however organized, might be included within the 
provisions of the later statute upon acceptance thereof in the 
manner prescribed. 

In United Hehreiu Association v. Bensliimol, 130 Mass. 325, 
the court held that St. 1875, c. 49, was to be construed as a 
continuance of St. 1874, c. 275, and in nowise affected the ex- 
istence of corporations previously organized. 



1907.] PUBLIC DOCUMENT — No. 12. 29 

It is contended that, as the St. of 1874 contamed no reservation, it 
operated to destroy all corporations created under the provisions of 
the General Statutes; and that the explanatory declaration in the 
statute of the next year could not restore their rights. But it is plain 
that the St. of 1874 was not passed for the purpose of affecting the 
rights of corporations already organized. The repeal of a general 
corporation law cannot be construed, in the absence of express pro- 
visions, as intended to repeal the charters of corporations formed 
under it, especially where the manifest purpose of the repealing act 
is to substitute a new law, extending the provisions of the old, and 
perfecting its details, but not changing its general policy. It is a 
familiar rule of construction that when statutes are repealed by acts 
which substantially retain the provisions of the old laws, the latter 
are held not to have been destroyed or interrupted in their binding 
force. " In practical operation and effect they are rather to be con- 
sidered as a continuance and modification of old laws than as an 
abrogation of those old, and the re-enactment of new ones." Shaw, 
C.J., in Wright v. Oakley, 5 Met. 400, 406. 

Notwithstanding this decision, the section, although enacted 
for a specific purpose, has been retained upon the statute books. 
Its express language purports to give to a corporation acting 
under its provisions only what such corporation already enjoyed, 
viz., the powers and privileges and the duties and liabilities of 
corporations organized under the provisions of law previously in 
force. This they already had, and for that reason I am of opin- 
ion that the present question is not in anywise affected by the 
provisions of section 12. If, however, any doubt may arise upon 
this point, it is certainly true that if otherwise entitled to be 
included under the provisions of chapter 125, the acceptance by 
any society of the provisions of such act, as prescribed in sec- 
tion 12, would entitle such society to all the rights and privi- 
leges and subject it to all the duties of that chapter, without 
action upon the part of the Legislature. In any event, there- 
fore, it would seem that no legislation is necessary in the case 
of the two charitable organizations above referred to. 
Very truly yours, 

Dana Malone, Aiiorney-General. 



30 ATTORNEY-GENERAIyS REPORT. [Jan. 



Gypsy and Brown-tail Moths — Oivner of Real Estate — De- 
struction of Eggs and Nests — Expense — Assessed Value 
of Lands — Buildings. 

The word "lands" as used in St. 1905, c. 381, § 6, providing that where the 
owner or owners of real estate fail to destroy the eggs, pupse or nests of 
the gypsy or brown-tail moths, the city or town within which such real 
estate is situated "shall, subject to the approval of said superintendent, 
destroy the same, and the amount actually expended thereon, not exceed- 
ing one half of one per cent of the assessed valuation of said lands, . . . 
shall be assessed upon said lands," includes any buildings which may have 
been erected thereon. 

March 22, 1906. 

A. H. KiRKLAND, Esq., Superintendent for Suppressing the Gypsy and Brown-tail 

Moths. 

Dear Sie : — My opinion is requested by you on the construc- 
tion to be given the portion of paragraph 3 of section 6 of chap- 
ter 381, Acts of 1905, which reads as follows: — 

If the owner or owners shall fail to destroy such eggs, pupas or 
nests in accordance with the requirements of the said notice, then the 
city or town, acting by the public officer or board, . . . shall, sub- 
ject to the approval of the said superintendent, destroy the same, 
and the amount actually expended thereon, not exceeding one half of 
one per cent of the assessed valuation of said lands, as heretofore 
specified in this section, shall be assessed upon said lands. 

You desire to be informed whether the word " lands '' as used 
in this section is to be interpreted as including or excluding the 
buildings thereon. The following statutes may prove of assist- 
ance. 

R. L., c. 8, § 5, provides that : — 

In construing statutes the following words shall have the meaning 
herein given, unless a contrary intention clearly appears : — 

Eighth, The words "land," "lands" and "real estate" shall in- 
clude lands, tenements and hereditaments, and all rights thereto and 
interests therein. 

R. L., c. 12, § 3, provides that : — 

Real estate for the purpose of taxation shall include not only all 
land within the commonwealth but also all buildings and other things 
erected on or affixed to the same. 



1907.] PUBLIC DOCUMENT — No. 12. 31 

In the language of E. L., c. 8, § 5, above quoted, the words 
" land/' " lands " and " real estate '' are apparently used as 
synonymous, and as including the buildings, inasmuch as the 
term " hereditament " is defined by Bouvier as — 

Thiiig-s capable of being inherited, be it corporeal or incorporeal, 
real, personal or mixed, and including not only lands and eveiything 
thereon, but also heirlooms and certain furniture which by custom 
may descend to the heirs, together with the lands; 

and the term " tenement " as — 

Everything of a permanent nature which may be holden. House, 
or homestead. Property held by tenant. 

The word " land " has been construed to include under the stat- 
ute an undivided interest therein held by a tenant in common. 
Leavitt v. Cambridge, 120 Mass. 157, 159. 

From the foregoing statutes and definitions I think it is clear 
that, in the absence of language, in the act of 1905 indicating 
clearly a contrary intention, the word "lands" must be taken 
to include buildings, and the question, therefore, is whether such 
a contrary intention clearly appears. I am of opinion that not 
only does no such intention clearly appear, but that it does not 
appear at all. 

The words " as heretofore specified in this section," in the 
clause under discussion, refer to the earlier provision that " the 
mayor of every city and the selectmen of every town shall . . . 
cause a notice to be sent to the owner or owners ... of every 
parcel of land therein which is infested with said moths." The 
lands referred to, therefore, are the parcels of land infested with 
moths ; and the term " parcel of land " is the term to be inter- 
preted. If this is considered to exclude buildings, it would fol- 
low that no notice need be sent to and no action taken by persons 
whose buildings, but not whose lands, were infested. Such can 
hardly have been the intention of the Legislature. 

Throughout the act the following words descriptive of real 
estate are used: "estate," "real estate," "real property," 
" land," " property," " private property," " parcel of land," 
" lands," " premises " and " private estates." They are ap- 
parently used somewhat indiscriminately, and to interpret the 
word "lands," in every case, to exclude buildings, would lead 
to many incongruities. I can see no more reason for so inter- 



32 ATTORNEY-GENERAL'S REPORT. [Jan. 

preting it in the clause imder discussion with respect to the 
assessed valuation than in several other places where it appears. 
Moreover, there seems to be no object in excluding the assess- 
ment of buildings, under the act, as it is common knowledge 
that the gypsy moth is very apt to build its nest on buildings 
as well as on trees. In fact, I am informed by you that clearing 
buildings of the nests of gypsy moths forms a considerable part 
of your work. 

Had the Legislature intended to distinguish between land, as 
such, and the buildings thereon, it could easily have done so, 
for I find among the bills upon this subject presented to the 
Legislature of 1905, House Bill No. 644, in which a distinction 
was made between " house lots,^^ " farm land '^ and " waste 
land," and which contained the proviso that "no owner shall 
pay more than one half of one per cent of the assessed value of 
said house lot, nor more than twenty-five dollars for farm land, 
nor more than fifty dollars for such work on any one estate in 
any one calendar year." The report upon this bill was " leave 
to withdraw," by the committee to which it was referred. The 
fact that this distinction was not adopted in the bill as finally 
passed, indicates that the Legislature did not desire to differen- 
tiate between the various sorts of real estate. 

Although it is true that the form prescribed for the use of 
assessors in assessing taxes (E. L., c. 12, § 58) has separate 
columns for the description and valuation of buildings and land, 
and these distinctions are actually made by the assessors, I do 
not think these facts are material in connection with this statute ; 
for not only is the tax assessed on the real estate as a whole 
(E. L., c. 12, § 68), but also it has been indicated that the pur- 
pose of the classification above referred to is purely statistical. 
See Hamilton Manfg. Co. v. Lowell, 185 Mass. 114, at p. 117, 
where Knowlton, C.J., says : — 

Land and the buildings upon it are ordinarily parts of the same 
real estate, and they cannot be separated for the purpose of collect- 
ing taxes. Although for statistical purposes they are at first valued 
separately, their aggregate worth, limited by their value in use to- 
gether, constitutes the valuation of the entire real estate for the pur- 
pose of taxation. 

I am therefore of opinion that the phrase " not exceeding 
one half of one per cent of the assessed valuation of said lands,. 



1907.] PUBLIC DOCUMENT — No. 12. 33 

as heretofore specified in this section/^ should be interpreted to 
mean the assessed valuation of the lands with the buildings 
thereon. 

Very truly yours, 

Dana Malone, Attorney-General. 



Town — School Committee — Authority to draw Orders directly 
on Town Treasury — By-Law. 

The school committee of a town may, in the performance of the duties imposed 
upon such committee by law, and for the purposes set forth in the stat- 
utes, make expenditures which such town is bound to pay, and for the 
payment thereof may draw orders directly upon the town treasury, not- 
withstanding a by-law of the town to the effect that the town treasurer 
shaU not pay money upon orders other than orders drawn by the select- 
men. 

March 22, 1906. 

George H. Martin, Esq., Secretary, State Board of Education. 

Dear Sir : — Your letter of March 20 requests my opinion 
upon the following specified questions : — 

1. Is it within the rights of a school committee to draw orders 
directly upon the town treasury, without the intervention of the 
selectmen, for the payment of bills contracted for the support of 
schools, and is the treasurer under obligation to honor such orders'? 

2. Does the existence of a town by-law forbidding the treasurer to 
pay out any money, except upon orders drawn by the selectmen, affect 
the rights of the school committee in this regard? 

E. L., c. 42, relating to public schools, in section 27 provides 
that the school committee — 

shall have the general charge and superintendence of all the public 
schools, industrial schools, evening schools and evening high schools. 

Section 28 provides that it — 
shall select and contract with the teachers of the public schools, etc. 

Section 34 provides that it — 
shall direct what books shall be used in the public schools, etc. 



34 ATTORNEY-GENERAL'S REPORT. [Jan. 

Section 35 j^rovicles that it — 

shall, at the expense of the town, purchase text books and other school 
supplies used in the public schools, and, subject to such regulations 
as to their care and custody as it may prescribe, loan them to the 
pupils of such schools free of charge, etc. 

Section 37 provides that it — 

shall, at the expense of the town and in accordance with appropria- 
tions therefor pre^dously made, procure apparatus, reference books 
and other means of illustration. 

It will be seen that the powers conferred upon the school com- 
mittee in any city or town are very broad, and that they may 
contract with the teachers whom they desire to employ, and by 
such contract bind the town to pay the compensation determined 
upon. 

So in Batchelder v. the City of Salem, 4 Cush. 599, the court 
said : — 

By this statute, the committee has the power, absolutely and uncon- 
ditionally, to agi'ee upon the salaries of the teachers. There is no 
power given to any other men, or body of men, to contract with the 
teachers, and this power is given by the statute, and not by the town 
or city. 

In this case it was held that the school committee might bind 
the town to pay to the teachers selected the amount of compen- 
sation agreed upon. 

So in CharUstoiim v. Gardner et ah, 98 Mass. 587, it was said 
that : — 

The power given to the school committee to contract with teachers 
necessarily implies and includes the power to determine their salaries. 

So under St. 1826, c. 143, providing that '' the school com- 
mittee of each town shall procure class-books at the expense of 
the town and to be paid for out of the town treasury," it was 
held in Eartwell v. Littleton, 13 Pick. 229, that the school com- 
mittee might either buy the books on the credit of the town, or 
might themselves pay for them, and so make themselves credi- 
tors of the town. 

In view of these cases, which l)eyond doubt establish the power 



1907.] PUBLIC DOCUMENT — No. 12. 35 

of a school committee to make expenditures for the purposes 
specified in the statutes and in connection with the duties therein 
imposed upon them, which the city or town for which they act 
will be bound to pay, I am of opinion that such committee may 
draw orders directly upon the town treasury, and that the select- 
men have no power or authority in the premises to refuse such 
orders; and I think this is true notwithstanding that there may 
be in existence a town by-law which forbids the town treasurer 
to pay out money upon orders other than orders drawn by the 
selectmen. No by-law which is in contravention of a general 
statute can be valid (see Commonwealth v. Wilhins, 121 Mass. 
356) ; and the clear effect of such a by-law as is referred to 
would be to limit and circumscribe the statutory powers of the 
school committee, and, in effect, to make them subordinate to 
and under the immediate direction of the selectmen, — a result 
not contemplated by the statutes. 
Very truly yours, 

Dana Malone, Attorney-General. 



Marine Insurance — Automobile — Loss by Collision. 

The owner of an automobile may not, under the provisions of R. L., c. 118, 
§ 29, relating to insurance against the perils of the sea and other perils usu- 
ally insured against by marine insurance, including risks of inland navi- 
gation and transportation, be insured against loss caused by the collision 
of such automobile with another object, or against liability for damage 
caused thereby to other property. 

April 2, 1906. 
Hon. Frederick L. Cutting, Insurance Commissioner. 

Dear Sir : — You ask my opinion upon the question whether 
a " collision clause " insuring the owner of an automobile, 
whereby the owner is insured against loss to the automobile 
caused by a collision with another object, and also against lia- 
bility for damage caused by the automobile to other property 
through a collision, is permissible in this Comn.onwealth under 
a marine policy. 

Section 29 of chapter 118 of the Eevised Laws provides that 
a company duly authorized to transact the business of marine 
insurance may — 

insure upon the stock or mutual plan vessels, freights, goods, money, 
effects, and money lent on bottomry or respondentia, against the 
perils of the sea and other perils usually insured against by marine 
insurance, including risks of inland navigation and transportation. 



36 ATTORXEY-GEXERAL'S REPORT. [Jan. 

The clause in question in the policy submitted to me is simi- 
lar to the usual collision clause in marine insurance, but altered 
to fit the case of an automobile. It provides as follows : — 

This policy is extended to cover, whilst not in any conveyance, the 
risk of loss or damage to the automobile hereby insured, caused by 
collision with another object, whether moving or stationaiy, excluding 
alwaj's all claims for damage through detention, demurrage or loss 
of use. 

And it is further agreed, that if the automobile hereby insured 
shall come in collision with another object, whether moving or sta- 
tionary, and the assured become liable to pay and shall pay, any sum 
or sums for damages resulting therefrom to said other object, in such 
case these assurers will contribute towards the payment of the total 
amount of said damages, m the proportion that the sum insured under 
this policy bears to the total valuation of the automobile, as stated 
herein, provided that these assurers shall not in any event be held 
liable under this agreement for a greater sum than the amount insured 
under this policy. 

It is also subject to the condition that there shall be no liability 
for any damage resulting from collision occurring while the 
automobile is being operated by any person under eighteen years 
of age, or in any race or speed test. 

On Oct. 8, 1904, the Attorney-General gave an opinion to 
you to the effect that automobiles might properly be insured 
under a marine form of policv, but he did not have before him 
the collision clause which is now brought in question. 

Section 29 of chapter 118 of the Revised Laws was first en- 
acted in the insurance law of 1872 (c. 375, § 1), which provided 
as follows : — 

Any ten or more persons residents of this Commonwealth, who 
shall have associated themselves together . . . with the intention to 
constitute a corporation for the purpose of transacting the business 
of insurance, either upon the stock or mutual principle, against loss 
or damage by fire, by lightning, by tempest, or by the perils of the 
sea, and other perils usually insured against by marine insurance 
companies, including risks of inland navigation and transportation, 
shall become a corporation . . . subject to all the duties, liabilities 
and restrictions set forth in all general laws which are or may be in 
force relating to insurance corporations. 

Prior to that time there had been in force Gen. Sts., c. 58, § 32, 
providing as follows : — 



1907.] PUBLIC DOCUMENT— No. 12. 37 

Companies thus organized may insure vessels, freights, goods, 
money, effects, and money lent on bottomry or respondentia, against 
the perils of the ' sea and other perils usually insured against by 
marine insurance; and dwelling houses and other buildings, mer- 
chandise and other personal property, against loss by fire, according 
to their respective charters. 

Section 65 provided that: — 

No life insurance company shall issue policies insuring fire or 
marine risks. 

Thus it appears that the phrase "perils usually insured against 
by marine insurance ^^ is an old one in the statute law of Massa- 
chusetts, but that the additional words, "including risks of in- 
land navigation and transportation," were added thereto in 1873. 
I do not find any case in which the phrase "and other perils 
usually insured against by marine insurance " has been thor- 
oughly analyzed or discussed, but in Gage v. Tirrell, 9 Allen, 
299, 307, it was said as a dictum that: — 

Perils of the seas embrace not only inevitable accidents arising from 
tempests, floods, earthquakes and other dangers happening without 
the intervention of man, but also those caused by collisions, fires, 
pirates and other occurrences, to the happening of which human 
agency directly contributes. 

Although this case indicates that perils arising from himian 
agency may be included in the phrase " perils of the seas '^ when 
used in an insurance policy, I think that the phrase " other 
perils usually insured against by marine insurance," when used 
in the statute, must be considered as referring to the other perils 
which are usually stated in marine insurance policies, as the 
perils from men of war, fire, enemies, pirates, rovers, thieves, 
jettison, letters of mart and countermart and reprisals, takings 
at sea, arrests, restraints and detainments of all kings, princes 
and people, of what nation, condition or quality soever, and bar- 
ratry of the master and mariners. 

The phrase " including risks of inland navigation and trans- 
portation " was probably added to make clear the right of a 
marine insurance company to make a policy upon goods imme- 
diately prior or subsequent to marine shipment when the trans- 
portation or situation of the goods on land could be considered 
as part of the marine voyage. 



38 ATTORNEY-GENEEAL'S REPOET. [Jan. 

Marshall, in his book on marine insurance, published in 1865 
(part I., chapter I., page 2), defines it as follows: — 

Marine insurance is that which is applied to maritime commerce, 
and is made for the protection of persons having an interest in ships 
or goods on board from the loss or damage which may happen to 
them from the perils of the sea during a certain voyage or a fixed 
period of time. 

I am informed by you that it has been customary for a num- 
ber of years for marine insurance companies to make policies 
upon property in transit over land, and having no connection 
with any marine voyage, and also to make policies upon the 
liability of common carriers to the owners of property carried by 
them, and upon a number of other sorts of property and liability 
having no reference to marine transportation. 

In the absence of any judicial determination, however, I do 
not think that the acts of the insurance companies themselves 
can be used to enlarge the plain meaning of the words in the 
statute, which give marine companies the right to make insur- 
ance covering only the perils of the seas and other perils usually 
insured against by marine insurance, including risks of inland 
navigation and transportation. 

This construction is strengthened by the fact that K. L., 
c. 118, § 29, expressly authorizes companies to be formed for the 
purpose of effecting eleven kinds of insurance other than marine, 
of which one is — 

agamst loss or damage to property arising from accidents to ele- 
vators, bicycles and vehicles, except rolling stock of railways. 

The obvious intention of the Legislature was to provide distinct 
classes of insurance companies for making distinct forms of 
policies, and it limited the rights of each class of company by 
providing at the end of the section that : — 

No such corporation shall transact any business other than that 
specified in its charter or agTeement of association. 

I am of opinion, therefore, that marine insurance companies 
in Massachusetts are not authorized to issue policies insuring an 
automobile owner against loss and liability caused by the col- 
lision of his automobile with another object. 
Very truly yours, 

Daxa Maloxe, Attorneij-General. 



1907.] PUBLIC DOCUMENT — No. 12. 39 



Savings Banks — Legal Investments — Bonds of a Railroad 
Corporation having no Completed Roadbed. 

A railroad company incorporated in the State of Rhode Island and Providence 
Plantations, under an act containing the provision, among others, that if 
such company fails to complete the location, lay-out and construction of 
its railroad on or before May 15, 1909, the charter shall be void and of no 
effect, which has filed its location and acquired by condemnation the land 
upon which to build its road, but has not otherwise comphed with the 
conditions of its charter, and has constructed no physical railroad, is not 
a railroad company whose road is located wholly or in part in one of the 
New England States within the meaning of R. L., c. 113, § 26, cl. 3, par. 
b, which pro\ddes that savings banks may invest "in the first mortgage 
bonds of a railroad company incorporated in any of the New England 
states and whose road is located wholly or in part in the same." 

April 3, 1906. 
Hon. WARREisr E. Locke, Chairman, Commissioners of Savings Banks. 

Dear Sir : — M}^ opinion is requested by you as to whether 
the Providence Terminal Company is a railroad company within 
the meaning of E. L., c. 113, § 26, cl. 3, par. h. This section 
provides that savings banks may invest : — 

In the first mortgage bonds of a railroad company incorporated in 
any of the New England states and whose road is located wholly or 
in part in the same, guaranteed by a railroad company described in 
the preceding paragraph which is in possession of and is operating 
its own road. 



The New York, New Haven & Hartford Eailroad Company 
is undoubtedly " a railroad described in the preceding para- 
graph," and in possession of and operating its own road; so that 
the only question is whether the Providence Terminal Company 
is " a railroad company incorporated in one of the New Eng- 
land states and whose road is located wholly or in part in the 
same." 

The company was chartered by an act of the General Assembly 
of the State of Ehode Island and Providence Plantations, passed 
April .13, 1904, and entitled " An Act in amendment of and in 
addition to an act entitled ^ An Act to incorporate the New York, 
Providence and Boston and Old Colony Eailroad Terminal Com- 
pany,^ passed by the General Assembly at its May session, A.D. 
1891." 

Section 1 provides that : — 



40 ATTORXEY-GENERAL'S REPORT. [Jan. 

The name of the New York, Providence and Boston and Old Coloiy 
Railroad Terminal Company, created by an act passed at the May 
session, A.D. 1891, is hereby changed to " The Providence Terminal 
Company." 

Section 3 provides : — 

Said company is hereby authorized and empowered to locate, lay 
out, construct, maintain, and operate, by steam or other power, a 
railroad of one or more tracks from a connection with the tracks 
operated by the New York, New Haven and Hartford Railroad Com- 
pany, at some point near the Union Station in the city of Pro^ddence, 
thence crossing over Canal street and North Main street, keeping at 
least fifty feet north of the northeasterly comer of North Main 
street and Thomas street, and at least eighty feet north of the north- 
westerly corner of Thomas street and Benefit street, and ranning 
easterly, by a tunnel and the approaches thereto, to a point on the 
westerly bank of the Seekonk river between Red Bridge and Wash- 
ington Bridge, thence easterly across said Seekonk river to connec- 
tions with the tracks of the Providence and Worcester Railroad 
Company and of the Boston and Providence Railroad Corporation, 
and for this purpose said company may acquire a location not ex- 
ceedmg one hundred feet in width between said points of connection, 
and as much greater width at said points of connection as may be 
required to make such connections by proper curves and approaches, 
and said company may construct, maintain, and operate a bridge of 
one or more tracks across said river, with a suitable draw therein not 
less than ninety feet in the clear, so as not unnecessarily to obstruct 
navigation, and subject to the approval of the secretary of war. 

Section 5 provides : — 

Said company is hereby authorized and empowered to acquire, by 
condemnation, from time to time, such lands, and such interests and 
estates in lands, as said company may from time to time take under 
the authority of this act, in the manner hereinafter provided. . . . 

From these sections it appears that the name of the Terminal 
Company was originally the New York, Providence & Boston & 
Old Colony Railroad Terminal Company; that it is empowered 
to locate, lay out, construct, maintain and operate, by steam or 
other power, a railroad; and to acquire property by condemna- 
tion. In other words, it is apparently clothed with the rights, 
and presumably the liabilities, of a public-service railroad corpo- 
ration. Obviously, it is a railroad company, unless the omission 



1907.] PUBLIC DOCUMENT — No. 12. 41 

of the word " railroad " from its name prevents its becoming 
such a corporation. I do not think that this omission has snch 
an effect. 

The term " railroad '^ has been broadly interpreted in other 
statutes of the Commonwealth. Under St. 1887, c. 270, pro- 
viding for emplo3^ers^ liability " by reason of the negligence of 
any person in the service of an employer who has the charge or 
control of any signal, switch, locomotive engine or train upon 
a railroad," it has been held that a short-line track built and 
operated by a city for the sole purpose of transporting gravel 
from one part of its water works to another was a railroad. 

In Coughlan v. Cambridge, 166 Mass. 268, on p. 276, the court 
said : — 

The track was a short and temporary affair, and the use of it and 
of the locomotive and cars was to continue only for a short time ; but 
we think that it was a railroad within the meaning of the act. 

From the powers given the Terminal Company and from the 
definition given to the term " railroad " in this State, I am of 
opinion that the company is a railroad within the meaning of 
the statute relating to savings bank investments. 

But section 21 of the act of incorporation of the Providence 
Terminal Company provides that : — 

If said company shall fail to begin the location, lay-out, and con- 
struction of its said railroad as provided by section 3 of this act on 
or before May 15th, A.D. 1906, and complete the same on or before 
May 15th, A.D. 1909, this act shall be void and of no effect, but the 
right of any person to recover damages by reason of anything there- 
tofore done by said company shall in no wise be impaired. 

The location of the railroad has been filed and the necessary 
proceedings in court taken, so that it has acquired by condemna- 
tion the land upon which to build the road, and it has issued 
bonds secured by first mortgage upon its terminals, railroad and 
franchise, which are guaranteed by the New York, New Haven 
& Hartford Kailroad Company, but until the road is completed 
the company has not an indefeasible charter, but merely one that 
is subject to being rendered void in 1909. I also think that in 
the phrase " whose road is located wholly or in part in the same," 
in E. L., c. 113, § 26, cl. 3, par. h, the words "whose road is 
located " must be interpreted to refer to a physical roadbed com- 
pletely constructed, and not to a location in the narrow sense of 



42 ATTORNEY-GENERAL'S REPORT. [Jan. 

a place dedicated to the easement of the railroad and identified 
either by being plotted out on a map or b}' stakes driven in the 
ground. The purpose of the act itself leads inevitably to this 
conclusion. That purpose being to limit the field of investment 
to obligations secured in the most thorough manner, it can 
hardly be fulfilled if the act is so construed as to permit a com- 
pany, having nothing but a charter and the condemnation of 
the land upon which to build the road, to mortgage these scanty 
assets and sell its bonds to savings banks. 

Upon the whole, therefore, although the matter is not free 
from doubt, and might bear a technical construction the other 
way, I am of opinion that though the Providence Terminal Com- 
pany is a railroad company within the meaning of the act, its 
first mortgage bonds, guaranteed by the New York, New Haven 
& Hartford Railroad Company, are not legal investments for 
savings banks in ^Massachusetts, and will not be so until the con- 
struction of the roadbed is completed, and then only if it was 
begun before May 15. 1906, and finished before May 15, 1909. 
Very truly yours, 

Daxa Maloxe, AUorney-General. 



Insurance — Relate — Commission on Policy on Life of Officer 
or Agent of Company. 

R. L., c. 118, § 68, pro\'icling in part that no life insurance companj^ doing busi- 
ness in this Commonwealth, nor any agent thereof, shall "pay or allow, 
or offer to pay or allow as inducement to insurance, any rebate of premium 
payable on the poUcy, ..." prohibits the allowance by any such com- 
pany to its agent of any commission on the premium on a policy upon the 
life of such agent, or the allowance to an officer of such company of any 
rebate of or commission on the premium on a policy upon the life of such 
officer. 

April 6, 1906. 
Hon. Frederick L. Cuttixg, Insurance Commissioner. 

Dear Sir : — You ask the two following questions relative to 
R. L., c. 118, § 68: — 

1. If it is a violation of said statute for a life insurance company, 
duty authorized to transact the business of life insurance in this Com- 
monwealth, to allow its agent a commission on the premium on a 
policy on his own life? 

2. If it is a violation of said statute for such a company to pay or 
allow an officer of the company a rebate of or a commission on the 
premium on a policy on his own life? 



1907.] PUBLIC DOCUMENT — No. 12. 43 

E. L., c. 118, § 68, is as follows : — 

No life insurance company doing business in this commonwealth 
shall make or permit any distinction or discrimination in favor of 
individuals between insurants of the same class and equal expectation 
of life in the amount or payment of premiums or rates charged for 
policies of life or endowment insurance, or in the dividends or other 
benefits payable thereon, or in any other of the terms and conditions 
of the contracts it makes; nor shall any such company or any agent 
thereof make any contract of insurance, or agreement as to such 
contract, other than as plainly expressed in the policy issued thereon ; 
nor shall any such company or agent pay or allow, or offer to pay or 
allow as inducement to insurance, any rebate of premium payable on 
the policy, or any special favor or advantage in the dividends or other 
benefit to accrue thereon, or any valuable consideration or induce- 
ment not specified in the policy contract of insurance. 

The other sections of the statute which bear upon these ques- 
tions are sections 87, 89 and 111. Section 8T provides: — 

Every domestic insurance company shall file with the insurance 
commissioner the name and residence of each person it appoints or 
employs to act as its agent in this commonwealth; and whoever 
shall assume to act as such agent, or, unless a licensed broker, shall 
in any manner for compensation aid in negotiating contracts of 
insurance on behalf of such corporation for a person other than him- 
self, prior to the filing of such notice of appointment, shall be sub- 
ject to the penalties of section one hundred and eleven. 

I am of opinion that both questions should be answered in the 
affirmative. The object of section 68 is, obviously, to prevent 
any insurant from obtaining in any way, directly or indirectly, 
an advantage over any other insurant of the same class. The 
object of section 87 is to permit registered agents and licensed 
brokers, and no others, to negotiate contracts of insurance for 
persons other than themselves. I do not think the phrase " for 
a person other than himself " was meant by the Legislature to 
be joined with the phrase " in any manner for compensation " 
in such a way as to indicate that a person could negotiate a con- 
tract for himself for compensation. The object of the section, 
as a whole, was, in my opinion, to exempt persons from liability 
who either negotiate contracts of insurance for themselves or for 
others, but gratuitously. 

I think this interpretation is borne out by the language of 



44 ATTORNEY-GENERAL'S REPORT. [Jan. 

section 89^ where it is provided that " an officer of a company 
or a person appointed as its agent for that purpose, or acting 
without compensation/' may negotiate insurance. The words 
in this section, " or acting without compensation," to make sense 
must qualify the word " person," i.e., so as to read, " a person 
appointed as its agent or acting without compensation may," 
etc. These provisions indicate, to my mind, that it is perfectly 
proper under any circumstances for an officer of a domestic in- 
surance company, or for a person appointed as its agent, or for 
a duly licensed hroker, or for a person acting for himself solely, 
or for a person acting for others without compensation, to nego- 
tiate insurance, provided that they do not violate section 68 with 
respect to giving the person insured some special favor or ad- 
vantage. The fact that all these persons may lawfully negotiate 
insurance does not give them the right to negotiate insurance 
in any manner in which the company itself could not negotiate. 

I think it may be assumed that section 68, as well as the other 
sections above referred to, was enacted at a time when life insur- 
ance in Massachusetts was carried on as it is to-day, by the active 
solicitation of persons to be insured by agents and brokers: and 
I think it may further be assumed that the Legislature knew 
that the ordinary method of paying for such work was by com- 
missions upon the business done by such agents and brokers. 

The question, therefore, narrows itself to this : Is the grant- 
ing of the customary commission to an agent or an officer of a 
corporation for securing a policy on his own life a rebate paid 
or allowed as an inducement to insurance ? I am of opinion that 
it is. It is certainly a rebate paid or allowed, because it is, 
though in the form of a commission, an allowance to the person 
insured, given for no services rendered. It can hardly be main- 
tained that it is a service rendered to persuade one's self to take 
out insurance in one's own company. I think it is, further, a 
payment or allowance as an inducement to insurance. To test 
this, let us suppose that the agent of a company desired insur- 
ance in a tirst-class company. If he went to the agent of some 
other company he would pay the ordinary premium and the 
other agent would get the commission. If he said to the other 
agent, " I will insure myself in your company through you if 
you will insure yourself in my company through me, and we 
will thereby each get a commission," I believe that such a con- 
tract would be unlawful under section 68, because it would 
amount to some special inducement to insurance, paid or offered 
to each. 



1907.] PUBLIC DOCUMENT — No. 12. 45 

Can the agent, then, accomplish this same result by writing 
his own insurance himself ? In other words, can he stand in the 
dual position of the insurant and the person negotiating the con- 
tract ? I am of opinion that he cannot, and that when he applies 
to the company for a policy he stands as a would-be insurant 
and must be treated as such, and that he cannot be benefited by 
the payment or allowance to him of any sum, whether it is in 
terms a commission or a rebate. 

Very truly yours, 

Dana Malone, Attorney-General. 



Registered Pharmacist — Prescription — Registered Physician — 
Place of Residence. 

A registered pharmacist may, under the pro^dsions of St. 1906, c. 281, fill a 
prescription written by a registered physician practising medicine in the 
city or town where such registered pharmacist is engaged in business, 
without regard to the place of residence of such physician. 

May 9, 1906. 

William F. Sawyer, Esq., Secretary, Board of Registration in Pharmacy. 

Dear Sir : — I am in receipt of your letter of the 7th inst., 
in which you ask if a registered pharmacist can fill a prescrip- 
tion written by a physician residing in another city or town, 
under chapter 281 of the Acts of 1906, and I reply that a regis- 
tered pharmacist may fill such prescription given by a registered 
physician practising in such city or town, whether he resides 
there or not. 

Very truly yours, 

Daxa Malone, Attorney-General. 



Board of Registration in Pharmacy — Registered Pharmacist — 
Intoxicating Liquor — Sale — Certificate. 

A registered pharmacist who holds a certificate issued by the Board of. Regis- 
tration in Pharmacy, under the provisions of R. L., c. 100, § 23, and stating 
that such pharmacist is a proper person to be entrusted with a license to 
sell intoxicating liquor, as provided in section 21, such certificate having 
been issued before the passage of St. 1906, c. 281, authorizing registered 
pharmacists to sell without license intoxicating liquor upon prescriptions 
of registered physicians practising within the same city or town, under the 
conditions set forth in such chapter, must, before taking advantage of the 
provisions of St. 1906, c. 281, receive a new certificate of fitness from such 
Board. 



46 ATTORNEY-GENERAL'S REPORT. [Jan. 

May 25, 1906. 
William F. Sawyer, Esq., Secretary, Board of Registration in Pharmacy. 

Dear Sir : — In your letter dated May 24 yon request my 
opinion upon the following question : — 

A certificate having been issued to a registered pharmacist previous 
to May 1, 1906, in accordance with section 23, chapter 100, and the 
owner of such certificate having been refused a sixth-class license, 
can the owner of said certificate sell intoxicating liquor on a physi- 
cian's prescription m accordance with chapter 281 of the Acts of 
1906, without obtaining another certificate applicable to said chapter 
281, Acts of 1906? 

In reply to your inquiry I beg to say that in my opinion a 
registered pharmacist who holds a certificate issued in accord- 
ance with the provisions of section 23 of chapter 100 of the 
Revised Laws, before St. 1906, c. 281, took effect, and who has 
not received a sixth-class license, is not authorized to sell in- 
toxicating liquor on a physician's prescription in accordance 
with chapter 281 of the Acts of 1906 without obtaining another 
certificate, issued in accordance with the provisions of section 
2 of chapter 281 of the Acts of 1906. 
Very truly yours, 

Dana Maloxe, Attorney-General. 



Sealer of Weights and Measures — Inspection — Mechanical 
Devices for Measuring Value of Commodity iveighed. 

The duty of the Deputy Sealer of Weights and Measures, and of sealers of 
weights and measures appointed in the several cities and towns under the 
provisions of R. L., c. 62, § 18, is confined to a determination of the accu- 
racy of such appliances as register weights and dry or liquid measures, and 
does not require an examination of such mechanical devices as purport to 
register the value of the commodity weighed or measured. 

June 14, 190a 

Hon. Arthur B. Chapin, Treasurer and Receiver-General and Sealer of Weights 

and Measures. 

Dear Sir: — Your inquiry of June 11 requires my opinion 
upon the question whether or not the Sealer of Weights and 
Measures has authority to seal and test computations " on barrel- 
shaped scales, so called, which register the price of the amount 
purchased as well as the weight in pounds and ounces." 



1907.] PUBLIC DOCUMENT — No. 12. 47 

I am advised that the scales in question are known as "com- 
puting scales/' and displa}^ the price of the article weighed upon 
the platform as well as the weight of such article. 

E. L., c. 62, § 8, provides for the appointment of a Deputy 
Sealer of Weights and Measures, whose duty, as determined by 
section 9, is to " try, adjust and seal the standard weights, meas- 
ures and balances of every city and town at least once in five 
years. ... He may also inspect the weights, measures and bal- 
ances of any person which are used for sealing any goods, wares, 
merchandise or other commodity, or for public weighing in any 
city or town, and if he finds them inaccurate he shall forthwith 
inform the mayor or selectmen who shall cause the provisions 
of this chapter to be enforced." 

Section 10 provides that the deputy " shall keep a record in 
detail of the places visited, and of the weights, measures and 
balances tested by him. . . ." 

A consideration of the provisions of this chapter and of the 
duties imposed upon the Deputy Sealer of Weights and Meas- 
ures, as well as upon sealers of weights and measures appointed 
in the various cities or towns in accordance with the requirements 
of such statute, shows conclusively that the responsibility of such 
officers is confined to the determination of the accuracy of appli- 
ances for registering weights and measures as enumerated in 
section 6 relating exclusively to quantity, and that there is no 
authority to permit the trial, adjustment and sealing of such 
appliances as register the pecuniary value of any article weighed. 

The duty and responsibility of the officers in the premises are, 
therefore, to determine only the accuracy of such appliances as 
register weights and dry or liquid measures, and do not extend 
to such mechanical devices as purport to register the value of the 
commodity weighed. 

Very truly yours, 

Dana Malone, Attorney-GeneraL 



Explosives — Storage — '' Building " — Iron Tanli. for l^eeping 

Gasolene. 

The word "building" as used in St. 1904, c. 370, § 3, as amended bj^ St. 1905, 
c. 280, pro^dding that no building shall be erected or used in any city or 
town for the keeping, storage, manufacture or sale of gunpowder and cer- 
tain other explosives without a license from the mayor and aldermen of a 
city or the selectmen of a town, a permit from the Chief of the District 
Police, or some person designated by him, applies to and includes an iron 



48 ATTORNEY-GENERAL'S REPORT. [Jan. 

tank, closed except by pipe connections, and placed upon an uncovered 
brick foundation, designed and intended as a "container" for gasolene, 
and would apply to and include such a structure, even if under ground, 
from which the liquid is taken by means of a pump. 

June 20, 1906. 
Joseph E. Shaw, Esq., Chief, Massachusetts District Police. 

Dear Sir : — Eeplving to your letter of the 12th, in which 
you ask for my opinion as to whether the word " building/' as 
used in section 3 of chapter 370 of the Acts of 1904, as amended 
by chapter 280 of the Acts of 1905, applies to or includes an 
iron tank closed except by pipe connections and placed upon 
a brick foundation uncovered, and intended as a " container '^ 
for gasolene to be kept for sale, I have to say that in my 
opinion it does so apply. Considering the nature of the articles 
to be stored, namely, crude petroleum or any of its products, or 
other inflammable fluids, and the likelihood that they would be 
stored in a tank, so called, I think the Legislature intended to 
include such a structure in the word " building ; " otherwise, a 
structure of any size might be erected for the purpose of the 
storage of petroleum or other inflammable fluids, without any 
regulations applying thereto. 

I am also of opinion that the word " building " would cover 
a tank similarly constructed, for a similar purpose, if under- 
ground, and the liquid pumped therefrom. 
Very truly yours, 

Da>^a Malone, Attorney-General. 



Railroad Corporations — Acquisition and Control of Stock and 
Bonds of Domestic Street Railway Companies — Control of 
Domestic Street Railivay Companies — Leasing — Forfeiture 
of Charter. 

House Bill No. 1358, pro\ading in section 1 that "it shall be unlawful for a rail- 
road corporation operating a railroad in this Commonwealth to acquire, 
own or hold, directly or indirectly, the stock or bonds of any street rail- 
way company ha\'ing a location in any city or town in this Commonwealth, 
or to lease the franchise and property of any such street railway," and in 
section 2, that "upon petition of the attorney-general of the Common- 
wealth to the supreme court in equity ... a receiver shall be appointed 
who shall take possession and control of the property of any street rail- 
way" included in section 1, with further provision in section 4 for forfeiture 
of the charter of such company, after due notice and hearing, is ineffective 
to prevent the purchase of the stock of a domestic street railway by a 
railroad corporation chartered in another State and duly authorized thereto 
by the laws of that State. 



1907.] PUBLIC DOCUMENT — No. 12. 49 

Such bill proliibits the leasing of the franchise of a domestic street railway- 
company by a railroad corporation operating a steam railroad within the 
Commonwealth. 

By reason of the provision for the dissolution of the charter of a domestic 
street railwaj^ company if its stock or bonds are owned or controlled, 
directly or indirectly, by a railroad corporation operating a steam railroad 
within the Commonwealth, such bill would prevent such acquisition and 
control. 

June 21, 1906. 

To the Hon. John N. Cole, Speaker of the House of Representatives. 

Sir : — I have the honor to acknowledge the receipt of an 
order adopted by the House of Eepresentatives on the nine- 
teenth day of June, requiring the opinion of the Attorney- 
General upon certain questions regarding House Bill No. 1358, 
entitled " An Act relative to Investments by Eailroad Corpora- 
tions in Street Eailway Companies." 

The bill submitted to me is in form as follows : — 

Section 1. It shall be unlawful for a railroad coi^oration oper- 
ating a railroad in this Commonwealth to acquire, own or hold, di- 
rectly or indirectly, the stock or bonds of any street railway com- 
pany having" a location in any city or town in this Commonwealth, or 
to lease the franchise and property of any such street railway com- 
pany, or to become an associate in the formation of a company for 
the purpose of constructing, operating and maintaining such a street 
railway. 

Section 2. Any railroad corporation operating a railroad in this 
Commonwealth which now owns, directly or indirectly, stocks or 
bonds of a street railway company having a location in any city or 
town in this Commonwealth is hereby requested to sell and dispose of 
said stock or bonds within one year from the time this bill becomes 
a law. 

Section 3. Upon the petition of the attorney-general of the Com- 
monwealth to the supreme court in equity and such notice as said 
court may order to parties in interest, a receiver shall be appointed 
who shall take possession and control of the property of any street 
railway company having a location in a city or town in this Com- 
monwealth the capital stock or bonds of which are believed to be 
owned or controlled by any railroad corporation operating a rail- 
road in this Commonwealth. 

Section 4. After a hearing upon said petition, if the court shall 
find that the capital stock or any part thereof or bonds or any part 
thereof of any street railway company having a location in the 
Commonwealth is held directly or indirectly by any railroad corpora- 
tion operating a railroad in the Commonwealth, or that the franchise 
of any street railway company is held by lease by any railroad cor- 



50 ATTORNEY-GENERAL'S REPORT. [Jan. 

poration operating a railroad in this Commonwealth, the court shall 
enter a decree that the charter and franchise of such street railway 
company are forfeited and that its offices be closed, and shall direct 
said receiver to sell and dispose of the j^roperty and franchise of 
said street railway companj^ and apj^ly the funds received from such 
sale to the paj^nent of debts and liabilities of such street railway 
company in accordance with the provisions of the statutes of the 
Commonwealth applicable to insolvent debtors. 

Section 5. After the iDayment of debts and liabilities of such 
street railway company and the payment of expenses of said receiver- 
ship the remaining surplus, if any there be, shall be ordered to be 
distributed as a dividend to stockholders of said street railway com- 
pany. 

Section 6. This act shall take effect upon its passage. 

The first inquiry presented by the honorable House of Repre- 
sentatives is " whether the bill annexed is legally sufficient to 
prevent the purchase of the stock of street railway companies 
having a location in this Commonwealth by railroad corpora- 
tions operating steam railroads in this Commonwealth." 

Section 1 of the bill in terms forbids the purchase by a rail- 
road corporation operating a steam railroad within the Com- 
monwealth of the stock of any street railway company having a 
location therein. It is, hoAvever, to be observed that in the case 
of a railroad corporation chartered by this Commonwealth such 
acquisition of stock is already prohibited by the provision of 
R. L., c. Ill, § 77, that: — 

No railroad corporation, unless authorized by the general court 
or by the provisions of the following five sections, shall directly or 
indirectly subscribe for, take or hold the stock or bonds of or guar- 
antee the bonds or dividends of any other corporation; 

but it is doubtful if either of these statutes can effectually pre- 
vent a transaction of the character described w^hen such trans- 
action is the act of a corporation chartered in another State, 
and done in and under the lawful authority of that State. If, 
therefore, House Bill No. 1358 is to be construed as applicable 
as well to corporations chartered elsewhere as to those chartered 
by the Commonwealth, in my opinion it is ineffective to prevent 
the purchase of the stock of a domestic street railway company 
by a railroad corporation chartered in another State and duly 
authorized thereto by the laws of that State. 

To the second inquiry of the honorable House of Representa- 



1907.] PUBLIC DOCUMENT — No. 12. 51 

tives, " whether the bill annexed is legally sufficient to prevent 
the leasing of the franchise of street railways having a location 
in any city or town in this Commonwealth by railroad corpora- 
tions operating steam railroads in this Commonwealth/' I reply 
that the bill prohibits the leasing of the franchises of domestic 
street railways by railroad corporations operating steam rail- 
roads within the Commonwealth^ but I ought to say that the 
leasing of the franchise of a domestic street railway company 
by a railroad corporation is now, in my opinion, without au- 
thority in law. 

In the third inquiry of the honorable House of Eepresenta- 
tives my opinion is sought upon the question " whether the bill 
annexed prevents the control, directly or indirectly, of street 
railways having a location in any city or town in this Common- 
wealth by railroad corporations operating steam railroads in this 
Commonwealth/' I am of opinion that by reason of the provi- 
sions contained in sections 3 and 4, providing for the dissolu- 
tion of a domestic street railway corporation whenever the stock 
of such corporation or any part thereof shall be found to be 
directly or indirectly owned or controlled by a railroad corpora- 
tion operating a steam railroad within the Commonwealth, the 
proposed bill would prevent such ownership and control. 

The fourth inquiry is as follows : "If in the opinion of the 
Attorney-General the bill annexed fails to prevent the ownership 
of the stock of said street railway companies, or the leasing of 
the franchise of said street railway companies, and, in short, 
the control, directly or indirectly, of said street railway com- 
panies by railroad corporations operating street railways in this 
Commonwealth, what amendments he would suggest to accom- 
plish the end which this bill is intended to accomplish." 

As already pointed out, House Bill No. 1358, if passed, would 
probably prevent the ownership of the stock of street railway 
companies, but the form of the same can be improved, and I 
have the honor to advise the honorable House of Representatives 
that in my opinion the substance and purpose of the same can 
be accomplished so far as may be by the passage of an act in 
substance as follows : — 

If a foreign corporation acquires, owns or controls, directly or 
indirectly, capital stock, bonds or other evidences of indebtedness of 
any domestic street railway company having a location in any city or 
town in this Commonwealth, unless authorized so to do by the laws 
of this CommonAvealth, the supreme judicial court shall have juris- 



52 ATTORNEY-GENERAL'S REPORT. [Jan. 

diction in equity in its discretion to dissolve such domestic street 
railway company, and the attorney-general shall institute proceedings 
for such dissolution and for the proper disposition of the assets of 
such company. 

A^ery truly yours, 

Dana Maloxe, Attorney-General. 



Cities or Towns — Massachusetts Hospital for Feehle-minded — 
Liability for Support of Inmates — Notice. 

R. L., c. 85, § 20, pro\dding that "a city or town in which an inmate of the 
state hospital is found to have a legal settlement shall be liable to the 
commonwealth in like manner as one town is liable to another in like 
cases," does not hmit the liability of such city or town to a period of three 
months next preceding the date of notice, as is the case between towns 
under R. L., c. 81, § 17, and such liabiUty is not affected by want of notice. 

July 18, 1906. 
J. F. Lewis, M.D., Superintendent of State Adult Poor. 

Dear Sir : — You request my opinion upon the claim made 
by the Commonwealth against the town of Winthrop for the 
support of Catherine F. Ryan, who was committed to the School 
for the Feeble-minded on March 12, 1905, by a Suffolk court. 
You say that there was some difficulty in obtaining her history, 
and that you were not justified in claiming settlement in the 
town of Winthrop until Nov. 22, 1905. Denial of settlement was 
made December 4, and, later, settlement was acknowledged and 
the school sent a bill to the town, which covered the whole period 
from the date of commitment, March 12, 1905. The town of 
Winthrop has taken the position that, under R. L., c. 85, § 20, it 
is not responsible for the charges for a period more than three 
months prior to the first notice given to it, which was on Nov. 22, 
1905. The question is whether this contention of the town is 
sound. 

The provision under which towns are liable for the support of 
settled inmates of the Massachusetts School for the Feeble- 
minded is found in R. L., c. 87, § 120, which provides as fol- 
lows : — 

The charges for the support of each inmate in the custodial de- 
partment of said school shall be three dollars and twenty-iive cents 
a week, and shall be paid quarterly. Such charges for those not hav- 
ing known settlements in the commonwealth shall, after approval by 
the state board of insanity, be paid by the commonwealth, and may 
afterward be recovered bv the treasurer and receiver o-eneral of such 



1907.] PUBLIC DOCUMENT — No. 12. 53 

inmates, if of sufficient ability, or of any person or kindred bound by 
law to maintain them, or of the place of their settlement, if subse- 
quently ascertained. ... 

The facts of this case bring it directly within this provision 
of law. This is in effect similar to the section for the recovery 
of the charges for the support of insane persons in the various 
insane hospitals, which is found in E. L., c. 87, § 78. In neither 
of these sections is there any suggestion that the provision of 
E. L., c. 81, § 17, that as between towns the time for which re- 
covery may be had is limited to three months next preceding the 
date of notice, are applicable to the Commonwealth. 

The section upon which the town relies is E. L., c. 85, § 20, 
which is as follows : — 

A city or town in which an inmate of the state hospital is found to 
have a legal settlement shall be liable to the commonwealth for his 
support in like manner as one town is liable to another in like cases; 
and, in such case, the state board of charity shall adopt such meas- 
ures relative to notice, removal of a pauper and recoveiy of expenses 
as are prescribed for towns in like cases. 

This provision refers to the charges for the support of paupers 
at the State hospitals, and has no reference whatsoever to the 
charges for the support at the insane hospitals or at the school 
for the feeble-minded. 

The case of Adams v. The Inhabitants of Ipswich, 116 Mass. 
570, is conclusive of the present question. That was a case in 
which the Treasurer of the Commonwealth brought suit for the 
support of an insane pauper committed to the Northampton 
Lunatic Hospital. The town set up the defence that there had 
been no notice to it under the statute. The court said : — 

The right of recovery in behalf of the commonwealth is not gov- 
erned by the provisions regulating claims between different towns. 
It is not limited by reason of want of notice. 

At this time the provisions of G. S., c. 71, § 49, were in force, 
and were in effect the same as E. L., c. 85, § 20, upon which the 
town of Winthrop relies now. 

Consequently, there can be no question but that the town is 
liable for the full amount claimed from the date of commitment. 
A^'ery truly yours, 

Dana Malone, Attorney-General. 



54 ATTORNEY-GENERAL'S REPORT. [Jan. 



Massachusetts Highway Commission — Telegraph, Telephone and 
Electric Light Poles — Original Locations. 

The Massachusetts Highway Commission have no jurisdiction to grant original 
locations for telephone, telegraph or electric Ught poles independently of 
the local board, wlaich, under the provisions of St. 1906, c. 117, are con- 
stituted the tribvmals for that purpose. 

July 18, 1906. 
A. B. Fletcher, Esq., Secretary, Massachusetts Highway Commission. 

Dear Sir : — The Massachusetts Highwa}^ Commission request 
my opinion upon the question of their jurisdiction in the matter 
of granting locations for lines of telephone, telegraph or electric 
light poles on State highways. 

E. L., c. 122, § 2, as amended by Acts of 1903, c. 237, and Acts 
of 1906, c. IIT, is as follows: — 

The mayor and aldermen of a city or the selectmen of a town 
through which the lines of a company are to pass shall give the 
company a writing specifying where the poles may be located, the 
kind of poles, the height at which, and the places where, the wires 
may run. Any company, except street railway companies, desiring 
permission to erect poles, piers, abutments or other fixtures upon or 
along any public way shall, in writing, petition the said mayor and 
aldermen or selectmen therefor. A public hearing shall be held on 
such petition, and written notices of the time and place at which such 
hearing will be held shall be mailed at least three days before said 
hearing, by the clerk of the city or the selectmen of the town in which 
the petition for locations has been made, to the owners of real estate 
along the ways or parts of ways upon which it is proposed to con- 
struct said line, as determined by the last preceding assessment for 
taxation. The clerk of the city or the selectmen of the town shall 
endorse upon the order or specification of locations granted, his or 
their certificate that notices were sent and a hearmg held as herein 
provided, and no such order or specification shall be valid without 
such certificate. After the erection of the lines the mayor and alder- 
men or selectmen may, after giving the company or its agents an 
opportunity to be heard, or upon petition of the company with- 
out hearing or notice, direct any alteration in the location or erection 
of the poles, piers or abutments, and in the height of the wires; and 
no permit shall be required for renewing, repairing or replacing 
poles, piers, abutments or other fixtures once erected under the pro- 
visions of law. Such certificates, specifications and decisions shall 
be recorded in the records of the city or town. 



1907.] PUBLIC DOCUMEIST — 1^0. 12. 55 

E. L., c. 4:7, which relates to State highways, contains no spe- 
cific provision dealing with the location of telegraph, telephone 
or electric light poles on State highways. There are two sections 
which refer to the jurisdiction of the State Highway Commis- 
sion, sections 11 and 21. 

Section 11 provides: — 

Said commission shall keep all state highways reasonably clear of 
brush, shall cause suitable shade trees to be planted thereon if prac- 
ticable, and may establish and maintain watering troughs upon said 
highways. No opening shall be made in any such highway nor shall 
any structure be placed thereon, nor shall any structure which has 
been placed thereon be changed or renewed, except in accordance 
with a permit from the commission, which shall exercise complete 
and permanent control over such highways. 

Section 2 1 provides : — 

No state highway shall be dug up for laying or placing pipes, 
sewers, poles, wires or railways or for other purposes, and no tree 
shall be planted or removed or obstruction placed thereon, without 
the written permit of the highway commission, and then only in ac- 
cordance with the regulations of said commission; and the work 
shall be done under the supervision and to the satisfaction of said 
commission, and the entire expense of replacing the highway in as 
good condition as before shall be paid by the persons to whom the 
permit Avas given or by whom the work was done ; but a city or town 
may dig up such state highway without such approval of the high- 
way commission in case of immediate necessity; but in such cases it 
shall be forthwith replaced in as good condition as before at the ex- 
pense of the city or town. Said commission shall give suitable names 
to the state highways, and may change the name of any way which 
becomes a part of a state highway. They shall erect suitable guide 
posts at convenient points along state highways. 

In a brief filed by counsel for the telegraph company, and 
annexed to the communication submitted by the State Highway 
Commission, it is contended that the use of the words " shall 
exercise complete and permanent control over such highways '' is 
sufficient to vest in the commission the right and power to grant 
locations for telegraph or telephone poles upon State highways, 
independently of any action upon the part of the mayor and 
aldermen in the case of cities or of boards of selectmen in the 
case of towns. 



56 ATTORXEY-GEXERAL'S REPORT. [Jan. 

I am of opinion, however, that a consideration of section 21, 
above quoted, shows conclusively that such was not the purpose 
of the Legislature and is not the effect of section 11. Section 21 
clearly contemplates that the State Highway Commission, in 
the matter of the placing of pipes, sewers, poles or wires, shall 
act only in a supervisory capacity, and shall have no authority to 
grant original locations for telegraph or telephone poles inde- 
pendently of the local boards which are constituted the tribunals 
for that pui^ose under the provisions of St. 1906, c. 117. (See, 
also, 1 Op. Attys.-Gen. 317.) It follows, therefore, that the 
Massachusetts Highway Commission have no authority or juris- 
diction to grant original locations for telephone, telegraph or 
electric light poles. 

Very truly yours, 

Daxa Malone, Attorney-General. 



Hours of Labor — Insane Hospital — Day's Work — Half -holi- 
day — Sunday Employment — ^Yor'k by the Hour — Appro- 
priations. 

St. 1906, c. 517, § 1, pro\'iding, in part, that "eight hours shall constitute a 
day's work for all laborers, workmen and mechanics now or hereafter em- 
ployed bj" the Commonwealth, . . . but in cases where a Saturday half- 
holiday is given the hours of labor upon the other working days of the 
week may be increased sufficiently to make a total of forty-eight hours for 
the week's work," does not require a nine-hour wage, and does not prohibit 
the emploATnent of laborers, workmen and mechanics by the Common- 
wealth for more than eight hours a day, when the contract for such em- 
ployment is by the hour. 

Such statute pro-vides for an eight -hour day upon Siuiday as well as upon other 
days of the week for persons properly employed upon that day, and does 
not restrict the emploj-ment of persons required to work seven days a 
week to forty-eight hours. 

If a half -holiday is given, it must be a Saturday ha]f-hohda5% 

If the appropriations for the maintenance of the Worcester Insane Hospital 
are fixed for the year, the trustees of such hospital are not authorized to 
exceed the same to comply with the provisions of such chapter. 

July 26, 1906. 
T. H. Gage, Jr., Esq., Trustee of the Worcester Insane Hospital. 

Dear Sir: — In your letter dated July 25, you state that the 
trustees of the Worcester Insane Hospital desire my opinion in 
regard to certain aspects of the so-called eight-hour law, passed 
at the last session of the Legislature. 



1907.] PUBLIC DOCUMENT — No. 12. 57 

This act is chapter 517 of the Acts of 1906, and provides in 
its first section that : — 

Eight hours shall constitute a day's work for all laborers, workmen 
and mechanics now or hereafter employed, by or on behalf of the 
Commonwealth, or of any county therein, or of any city or town 
which has accepted the provisions of section twenty of chapter one 
hundred and six of the Revised Laws ; but in cases where a Saturday 
half -holiday is given the hours of labor upon the other working days 
of the week may be increased sufficiently to make a total of forty- 
eight hours for the week's work. 

To your questions I reply as follows : — 

1. Does the eight-honr law carry with it a nine-hour wage? 
It does not require a nine-hour wage. 

2. Can laborers, workmen and mechanics in State institutions 
work more than eight hours per day, and if so, under what con- 
ditions ? 

In my opinion, laborers, workmen and mechanics working in 
State institutions may, if employed by State officials by the hour, 
work more than eight hours a day. St. 1906, c. 517, § 1, is similar 
in terms to the federal act of June 25, 1868 (15 Stat. 77), Eev. 
Sts., § 3738, which provides that " eight hours shall constitute a 
day^s work for all laborers, workmen and mechanics who may be 
employed by or on behalf of the government of the United 
States." 

In the case of United States v. Martin, 94 U. S. 400, the 
United States Supreme Court had this act under consideration, 
and, speaking by Mr. Justice Hunt, said : — 

This was a direction by Congress to the officers and agents of the 
United States, establishing the principle to be observed in the labor 
of those engaged in its service. It prescribed the length of time which 
should amount to a day's work, when no special agreement was made 
upon the subject. There are several things which the act does not 
regulate, which it may be worth while to notice. 

First. — It does not establish the price to be paid for a day's 
work. . . . 

Second. — The statute does not provide that the employer and the 
laborer may not agi'ee with each other as to what time shall consti- 
tute a day's work. ... 

We regard the statute chiefly as in the nature of a direction from 
a principal to his agent, that eight hours is deemed to be a proper 
length of time for a day's labor, and that his contracts shall be based 
upon that theory. . . . 



58 ATTORNEY-GENERAL'S REPORT. [Jan. 

It is to be noticed that since this decision an act has been 
passed (Act of Aug. 1, 1892, chapter 352, 27 Stat. 340) relating 
to hours of labor of laborers and mechanics employed upon 
public works of the United States and of the District of Colnmbia, 
which expressly provides that it shall be unlawful to require or 
permit a laborer or mechanic to work more than eight hours in 
any calendar day. 

The Massachusetts statute regulating the hours of labor has 
been construed by two of my predecessors. St. 1890, c. 375, pro- 
vided that : — 

Nine hours shall constitute a day's work for all laborers, workmen 
and mechanics now employed or who may be employed by or on be- 
half of the Commonwealth of Massachusetts or any city or town 
therein; and all acts and parts of acts inconsistent with this act are 
hereby repealed. 

On April 24, 1891, the Hon. Albert E. Pillsbury (1 Op. Attys.- 
Gen., 10), then Attorne3^-General, advised the Governor that this 
statute did not prohibit the employment of labor in State insti- 
tutions for more than nine hours a day, if such labor was con- 
tracted for and paid for by the hour. 

By St. 1891, c. 350, this act was amended so as to apply to 
counties. By St. 1893, c. 406, it was provided: — 

All contracts hereafter made by or on behalf of the Commonwealth 
requiring the employment of manual labor shall provide that persons 
employed in the performance of such labor under any such contract 
shall not be required to work more than nine hours in each day, and 
that said nine hours shall constitute a day's work. 

In St. 1894, c. 508, §§ 7 and 8, the provisions of St. 1890, c. 375, 
as amended, and St. 1893, c. 406, were substantially re-enacted. 
This act also provided a penalty for the violation of its pro- 
visions. 

St. 1899, c. 344, § 1, provided that eight hours should con- 
stitute a day's work for laborers, workmen and mechanics em- 
ployed by a city or town, and section 3 of that chapter, amended 
by St. 1900, c. 357, provided that this act should take effect only 
upon its acceptance by the city or town. 

On May 14, 1900, the Hon. Hosea M. Knowlton, then i^ttor- 
ney-General, in an opinion, said : — 

St. 1894, c. 508, § 7, which provides that " Nine hours shall consti- 
tute a day's work for all laborers," etc., refers only to employment 



1907.] PUBLIC DOCUMENT — No. 12. 59 

by the clay. It does not and is not intended to prohibit the employ- 
ment of labor by the hour, if the laborer is willing to be so em- 
ployed. 

If a laborer is told that he can only be employed upon his agree- 
ment to work more than nine hours per day at a given rate per hour, 
and accepts the employment upon such terms, such employment is an 
evasion of the law, but not, in my judgment, a violation of it. Being 
a penal law, it is to be constmed strictly. A person so employed, 
however powerful the inducement, is, nevertheless, in contemplation 
of law, working voluntarily, and the case, so far as the statute is 
concerned, is the same as though no such threat were held out to him. 
Employment by the hour is not within the statute. 

St. 1894, c. 508, §§ 7 and 8, and St. 1899, c. 344, as amended, 
appear as E. L., c. 106, §§ 19, 20 and 21, without substantial 
changes, and the same chapter contains a provision for penalty. 

The present statute reduces the number of hours in a day's 
work for the Commonwealth or a county from nine to eight, 
with a provision that the number of hours may be increased if a 
Saturday half-holiday is given; otherwise, however, the law is 
not materially changed, and the statements quoted above from 
the' opinion of my predecessor are, it seems to me, applicable to 
the law as it now stands, if the word " eight " be substituted 
for the w^ord " nine.'' 

3. What application has the act to laborers, workmen and 
mechanics whose duties ordinarily call for Sunday work ? 

The statute provides for an eight-hour day on Sunday as well 
as on other days of the week for persons properly employed on 
that day as well as on other days of the week. 

4. In cases where the ordinary duties of laborers, workmen 
and mechanics require them to work seven days a week, does the 
law restrict their employment to a total of forty-eight hours, or 
does fifty-six hours in such cases constitute a week's work ? 

The law does not restrict the employment of persons required 
to w^ork seven days a week to a total of forty-eight hours. 

5. If a half-holiday is given, must it be a Saturday half- 
holiday ? 

Yes ; if the half day is to be made up on other working days. 

6. If the appropriations for the maintenance of institutions 
are fixed for the year, shall we be warranted in overrunning the 
same to comply with the provisions of the eight-hour law? 

No. 

Yery truly yours, 

Dana Malone, Attorney-General. 



60 ATTORNEY-GENERAL'S REPORT. [Jan 



Governor — Registered Bonds of the Commonwealth — Signa- 
ture — Rubber Stamp. 

The Governor may affix his signature to registered bonds issued by the Com- 
monwealth by means of a rubber stamp, provided such stamp is retained 
in liis possession and appUed by him, or, in liis presence, by some one 
authorized by him to make such apphcation. 

July 31, 1906. 

Hon. Akthur B, Chapin, Treasurer and Receiver-General. 

Dear Sir: — Replying to your letter of the 23d, in which 
you ask my opinion as to whether His Excellency the Governor 
can affix his name by a rubber stamp to registered bonds issued 
by the Commonwealth, or whether it is necessary for him to 
personally sign with his own hand, I have to say that in my 
opinion he may impress his name with a stamp instead of a 
pen, provided he keep the same in his possession and apply it 
himself or cause it to be applied in his presence. The Attorney- 
General of the United States, in an opinion (1 Op. Attys.-Gen. 
670) to the President in reply to a similar question, decided " that 
the adoption and acknowledgment . of a signature written by 
another makes it a man's own; that there will be great difficulty 
in maintaining the proposition as a legal one, that ,when the 
law required signing it means that it must be done with pen and 
ink; that a signature made with straw dipped in blood would 
be equally valid and obligatory ; he may write his name in full or 
may write his initials or may print his initials with a pen; that 
pen may be made of a goose quill or of metal ; and I see no legal 
objection to its being made in the form of a stamp or copper- 
plate. It is still his act: it flows from his assent, and is the 
evidence of that assent.^' 

Yery truly yours, 

Dak^a Maloxe, Attorney-General. 



Taxation — Exemption — " Farming Utensils " — Person. 

Under the provisions of R. L., c. 12, § 5, el. 11, exempting from taxation 
among other specified articles of property, the "farming utensils of every 
person," such exemption should in general be confined to implements, 
tools and utensils used by any person in the pursuit of agriculture. 

As used in such statute, the word "person" does not include a corporation. 

Sept. 28, 1906. 
Hon. William D. T. Trefry, Tax Commissioner. 

Dear Sir : — Replying to 3'our request for an opinion as to 
exemption from taxation by local assessors of farming utensils 



1907.] PUBLIC DOCUMENT — No. 12. 61 

of every person, under E. L., c. 12, § 5, cl. 11, a list of articles 
which have in some instances been construed as exempt having 
been furnished me, I am of opinion that you should adopt a 
somewhat arbitrary rule. In my opinion the following would be 
exempt : — ;- 

All hand tools for farming. 

Plow, including " Riding Plow." 

Harrow. 

Cultivator. 

Planter, geared and otherwise. 

Mowing machine. 

Tedder. 

Horse rake. 

Reaper, including reaper and binder. 

Potato digger. 

Ensilage cutter. 

Spray pump, also tank. 

Churn. 

Wagon, where used principally for farm purposes. 

Cart, where used principally for farm purposes. 

Sled, where used principally for farm purposes. 

Chains. 

Manure spreader. 

Upon the other hand, the following would not be exempt : — 

Windmill, including pump. 

Boiler (steam), also cooker. 

Engine (steam), (gas), (portable), (stationary), (traction). 

Power saw (for fire wood). 

Fruit evaporator. 

Cider mill and press. 

Incubator. 

Cream separator. 

Cream cooler. 

Honey extractor (centrifugal). 

Carriage. 

Wagon (other than farm wagon). 

Cart (other than farm cart). 

Sled (other than farm sled). 

Sleigh. 

Pung. 

Harness (blankets, whips, robes). 



62 ATTORNEY-GEXEKAL'S REPORT. [Jan. 

I am of opinion that the word " person " as used in this 
statute does not include a corporation. 

I find several decisions which hold that a wagon is a farm 
ntensil; also, under 20 Kan. 555, that a McCormick Advance 
reaper and mower is a farming ntensil. 

It is difficult to define what would or would not be exempt, 
on principle, but it would seem that exemptions should be con- 
fined to the farming utensils, meaning all those implements, tools 
and utensils used in the pursuit of agriculture and husbandry. 
Very truly yours, 

Daxa Malone, Attorney-General. 



Pauper Law — Settlement — Effect of Retroactive Statute upon 
Derivative Settlement. 

Where the derivative settlement of a mother which was not fully acquired sub- 
sequent to May 1, 1860, and did not prevent the subsequent acquisition 
of a settlement in the same place, was defeated and lost by the retroac- 
tive provision of R. L., c. 80, § 6, the settlement of a daughter derived 
from that of the mother subsequent to May 1, 1860, is not lost or affected 
by the loss of the settlement of the mother. 

Sept. 28, 1906. ] 

J. F. Lewis, M.D., Superintendent, State Board of Charity. 

Dear Sir : — Replying to your request for an opinion as to 
whether the settlement of Amelia F. West was affected by the 
provisions of section 6 of chapter 80 of the Revised Laws, the 
material facts are as follows : — 

Amelia F. West, born Dec. 25, 1862, at Tisbury, Mass., ille- 
gitimate, was committed to the Massachusetts School for Idiotic 
and Feeble-minded Youth Sept. 23, 1875, and has been an 
inmate of that institution since that time as a charge to the 
town of Tisbury. Her mother, Mary F. West, was born in 1820 
in Richmond, Va., and came to Tisbury, Mass., when a child, 
and lived in that town continuously until her death, Oct. 17, 
1894. She was married in Tisbury, Jan. 27, 1840, to Edward 
F. West, and lived with him until his death, June 7, 1854. 
Mary F. West did not, as the widow of said Edward F. West, 
after May 1, 1860, live any period of five years without receiving 
relief as a pauper. 

R. L., c. 80, § 6 (St. 1898, c. 425, § 2), is as follows: — 

Any settlement which was not fully acquired subsequent to the first 
day of May in the year eighteen hundred and sixty is hereby de- 
feated and lost, unless such settlement prevented a subsequent aequisi- 



1907.] PUBLIC DOCUMENT — No. 12. 63 

tion of settlement in the same place; but if a settlement acquired by 
marriage is so defeated, the former settlement of the wife, if not also 
so defeated, shall be revived. A person who is absent from the com- 
monwealth for ten consecutive years shall lose his settlement. 

From these facts it appears that Mary F. West had, on Dec. 
25, 1862, a settlement in Tisbury derived from her husband, 
Edward F. West. This settlement w^as not fully acquired subse- 
quent to May 1, 1860. The existence of it did not prevent a 
subsequent acquisition of a settlement by Mary F. West, for she 
has not since that time lived any period of five 3^ears in that 
town without receiving relief as a pauper. Any settlement which 
she had prior to her marriage was not acquired subsequent to 
May 1, 1860, she having married Edward F. West in 1840. It 
follows that by the operation of Acts of 1898, c. 425, § 2 (E. L., 
c. 80, § 6), the settlement of Mary F. West in Tisbury was de- 
feated and lost. 

The question raised by the present question is whether the 
settlement of Amelia F. West, which was derived from her 
mother, was also, by the operation of this statute, defeated and 
lost. 

E. L., c. 80, § 1, cl. 3, provides : — 

Illegitimate children shall have the settlement of their mother at 
the time of their birth if she then has any within the commonwealth. 

In St. 1793, c. 34, this provision was in the following form: — 

Illegitimate children shall follow and have the settlement of their 
mother at the time of their birth, if any she shall then have, within the 
Commonwealth. . . . 

This statute was interpreted by the court in Boylston v. Prince- 
ton, 13 Mass. 381. In that case it was said : — 

The rule, as now established, is that illegitimate children shall have 
the settlement of their mother at the time of their birth; meaning, as 
we apprehend, that the settlement which the mother had at the time of 
the birth of the child should be the settlement of the child, until it 
should gain a new settlement by its own act. 

This is even more clearly the meaning of the statute in its 
present form; consequently, Amelia F. West, by reason of her 
birth in the town of Tisbury and by reason of that fact alone, 



64 ATTORXEY-GEXEEAL'S REPORT. [Jan. 

acquired a settlement in that town which was unaffected by any 
change in the settlement of her mother. The birth taking place 
after May 1, 1860, the settlement was fully acquired subsequent 
to that date, and it was consequently not defeated and lost by 
the operation of St. 1898, c. 425, § 2 (E. L., c. 80, § 6). 
Very truly yours, 

Daxa Malone, Attorney-General. 



Trust Company — Loan to Single Individual — '^ Surplus." 

A trust company, subject to the provisions of R. L., c. 116, § 34, may not 
legally loan money to a single indi^ddual in excess of one-fifth of its surplus 
accounts and paid-up capital, excluding the profit and loss account. 

Oct. 16, 1906. 
Hon. Pierre Jay, Bank Commissioner. 

Dear Sir : — My opinion has been orally requested by you as 
to whether the phrase " surplus account," in E. L., c. 116, § 34, 
shall be taken to include or exclude undivided profits. The sec- 
tion is as follows : — 

The total liabilities of a pei-son, other than cities or towns, for 
money boiTowed, including in the liabilities of a fhin the liabilities of 
its several members, to such corporations having a capital stock of 
five hundred thousand dollars or more shall at no time exceed one- 
fifth part of the surplus account and of such amount of the capital 
stock as is actually paid up. . . . 

It has been argued that the case of Leather Manufacturers 
National Banh v. Treat, 128 Fed. Eep. 262, is in point, but the 
court expressly recognized in that case the fact that the term 
^' surplus,'' as used in the nomenclature of banks, does not in- 
clude undivided profits. On page 264 the court said : — 

Undivided profits do not become a part of this fund until they have 
been assigned to it by some fomial act of the institution; and it is 
for the directors and not for the taxing officers of the government 
to determine when this should be done. 

The decision was to the effect that the capital, for purposes of 
taxation and within the meaning of the statute, was all the money 
employed by the institution for banking purposes. On this 
ground it was held that the undivided profits were capital, and 
consequently taxable. It is in no sense a decision that the word 



1907.] PUBLIC DOCUMENT — No. 12. 65 

" surplus '' includes the undivided profits. Indeed, the court 
expressly gives its opinion to the contrary. 

In the Massachusetts statute the term used is "surplus ac- 
count/' which evidently indicates a fund set aside under a par- 
ticular account. 

It seems to me clear that a trust company, subject to the pro- 
visions of section 3^, above quoted, cannot lawfully loan money 
to a single individual in excess of one-fifth of its surplus account 
and paid-up capital, excluding the profit and loss account. 
Very truly yours, 

Dai^a Maloxe, Attorney-General. 



Insurance — Fire Insurance — Explosion. 

A fire insurance company may not add to its policy a slip or rider, containing 
an agreement that, in consideration of the payinent of an additional pre- 
mium, the polic}' shall include loss or damage by fire caused by an explo- 
sion upon the insured premises, payment hi case of loss to be at the value 
of the property before such explosion, since the effect of such policy is to 
provide insurance against loss from explosion. 

Nov. 5, 1906. 
Hon. Frederick L. Cutting, Insurance Cotnndssiojier. 

Dear Sir : — You ask my opinion as to whether a fire insur- 
ance company ma}' attach to the standard form of policy a rider 
which reads as follows : — 



In consideration of an additional premium equal to ten per centum 
of the amount of premium otherwise due on this policy, it is under- 
stood and agreed, in the event of any explosion on the premises 
covered, fire ensuing, this company shall pay the loss on the property 
hereby insured and injured by fire at the value thereof before the ex- 
plosion, provided, that if there is other concurrent insurance upon the 
insured property damaged this company shall be liable only for such 
proportion of the loss or damage as the amount hereby insured bears 
to the whole amount of insurance thereon, whether such other insur- 
ance contains a similar clause or not. 

The question is, " Can a fire insurance company insure against 
loss or damage by explosion when a fire does ensue ? '' This 
question, in a slightly different form, was answered in the nega- 
tive by a former Attorney-General (see 1 Op. Attys.-Gen., 431), 
and that unquestionably is the law. The rider above quoted, 
however, attempts to evade this prohibition by purporting to 
insure loss on property " injured by fire.'' 



QQ ATTORNEY-GENERAL'S REPORT. [Jan. 

Inasmuch as pa3^ment in case of loss is to be made at the value 
of the property "before the explosion," the policy, in effect, 
insures against the loss arising both from the explosion and from 
the fire ; and from the fact that an additional premium is charged, 
it is evidently intended to cover loss caused solely by explosion. 
Such a rider cannot lawfully be issued by a fire insurance com- 
pany. 

Tery truly yours, 

Daxa Maloxe, Attorney-General. 



City and Town — Debts — Refunding or Renewal. 

Under the provisions of R. L., c. 27, § 18, that cities and towns may renew or 
refund any debts in securities payable within the period fixed by section 
11 of such chapter, a note issued by a town to renew or refund a debt 
incurred for schoolhouse construction, and payable •^\ithin the required 
period of twenty years from the date of the original issue, is a valid obli- 
gation of such town. 

Nov. 19, 1906. 

Hon. Arthur B. Chapin, Treasurer and Receiver-General. 

Dear Sir : — You ask my opinion as to the renewal or refund- 
ing of a note issued by the town of Walpole on Nov. 2, 1896, for 
ten years, in pa3anent of a debt incurred for schoolhouse con- 
struction, which it was voted to renew for a period not exceeding 
ten years on March 5, 1906. 

Section 11 of chapter 27 of the Revised Laws provides that 
debts incurred in building schoolhouses and other public build- 
ings, and in procuring land therefor, shall be payable within 
twenty years. Section 18 of the same chapter provides that : — 

Cities and towns may pay, or provide for the payment of, any 
debts at earlier periods than is required in this chapter ; or may renew 
or refund the same in securities payable within the required period. 

It has been objected that renewal of this note would not be 
consistent with the provisions of section 12, which provides that 
eight per cent, shall be raised annually by taxation to pay the 
principal of notes payable at a period not exceeding ten years, 
but I think that section refers to " all other debts mentioned in 
section eight," and that the provision in section 12, line 3, " in 
all other cases may . . . establish a sinking fund," applies to a 
debt like this, which may run twenty years. 



1907.] PUBLIC DOCUMENT — No. 12. 67 

Under the law as it stands, it is my opinion that a note issued 
to renew or refund a debt, which renewal is payable within the 
required period of twenty years, is a valid obligation. 
Very truly yours, 

Dana Malone, Attorney-General. 



VioJatio7i of Pharmacy Law — Plea of Nolo Contendere — Co7i- 
viction and Fire. 

A plea of nolo contendere, followed by a fine imposed by the court, is a convic- 
tion within the meaning of R. L., c. 76, § 17, providing that the Board of 
Registration in Pharmacy may suspend the license of a registered phar- 
macist only "for a cause punishable by law," and "'after his con\'iction 
by a court of competent jurisdiction." 

' - Nov. 30, 1906. 

William F. Sawyer, Esq., Secretary, Board of Registration in Pharmacy. 

Dear Sir : — You ask my opinion as to whether a plea of nolo 
contendere, followed by a fine and payment thereof, constitutes a 
conviction that would justify the Board of Eegistration in Phar- 
macy, under section 17 of chapter 76 of the Eevised Laws, in 
suspending a certificate of registration of the party complained of. 

E. L., c. 76, § 17, reads as follows : — 

If the full board sitting at such hearing finds the person guilty, the 
board may suspend the effect of the certificate of his registration as 
a pharmacist for such term as the board fixes, but the license or cer- 
tificate of registration of a registered pharmacist shall not be sus- 
pended for a cause punishable by law until after his conviction by a 
court of competent jurisdiction. 

A record showing a conviction on such a plea is not admissible 
in another proceeding to show that the defendant was guilty. It 
is the intention of the statute to give a pharmacist charged with 
a crime the right to a trial in a court having jurisdiction of his 
offense; but if his guilt be there established, so that the court 
may impose sentence according to its powers, then it is suffi- 
ciently established for the Board of Eegistration in Pharmacy to 
act upon their finding and to impose .a penalty. MunMey v, 
Hoyt, 179 Mass. 108. In no way is the judgment of the Board 
upon the question of the guilt of the party to be affected by the 
proceedings in another court, as the purpose of the statute is to 
give the Board power to hold an independent liearing; but while 



6S ATTOKNEY-GENERAL'S REPORT. [Jan. 

the record is not admissible in another j^roceeding, there is no 
doubt that a sentence imposed after a plea of 710I0 contendere 
amounts to a conviction in the case in which the plea is entered. 
White V. Creamer, 175 Mass. 567. That being so, it is my opin- 
ion, from the facts stated, that a conviction has been had by a 
court of competent jurisdiction. 

Very truly yours, 

Daxa Maloxe, Attorney-General. 



State Officers or Boards — '' Day's Work " — Contract — Mate- 
rials or Supplies. 

A State officer, board or commission must, under the provisions of St. 1906, 
c. 517, insert in ever3^ contract made by such officer, board or commission 
in behalf of the Commonwealth, excluding contracts for the purchase of 
materials or suppUes, a clause requiring that no laborer, workman or me- 
chanic employed under such contract shall be required to work more than 
eight hours in any one calendar day, whether or not such contract is to 
be executed within the Commonwealth. 

The words "materials or supplies" should be construed to include articles to 
be used in the creation of a mechanical structure, and upon which no work 
is to be performed under the contract. 

Dec. 12, 1906. 

William S. Youngmax, Esq., Secretary, Charles River Basin Commission. 

Dear Sir : — Replying to your letter of the 28th, in which the 
Charles River Basin Commission requests my opinion as to 
whether the commission " must put into every contract for sup- 
plies made in ^Massachusetts, and even though of standard charac- 
ter, such as nails or iron pipe, the following provision : ' No 
laborer, workman or mechanic in the employ of the contractor, 
sub-contractor or other person doing or contracting to do the 
whole or any part of the work contemplated by this contract, 
shall be required to work more than eight hours in any one 
calendar day ; ' " and second, as to " whether the provision above 
quoted must go into every contract for supplies, where the sup- 
plies are furnished 1)y a manufacturer whose ^^lant is located 
outside of the Commonwealth." Section 2 of chapter 517 of the 
Acts of lOOn provides as follows: — 

Eveiy contract, excluding contracts for the purchase of material or 
supplies, to which the Commonwealth, or of any county therein, . . . 
is a party which may involve the employment of laborers, workmen 
or mechanics shall contain a stipulation that no laborer, workman or 
mechanic in the employ of the contractor, sub-contractor or other per- 



1907.] PUBLIC DOCUMENT— No. 12. 69 

son doing or contracting to do the whole or a part of the work con- 
templated by the contract shall be recjuired to work more than eight 
hours in any one calendar day. 

Section 3 provides : — 

This act shall apply to all laborers, workmen or mechanics engaged 
upon any works which are or are intended to be the property of the 
Commonwealth. . . . 

Such provision should therefore be inserted in every contract 
except contracts for the purchase of materials and supplies, 
whether the plant of the manufacturer with whom such contract 
is made is located in the Commonwealth or elsewhere. I think 
the Legislature intended the Avords " material or supplies ^' to 
include articles which are intended to be used in the creation of a 
mechanical structure and upon which no work is to be done under 
the contract. Xails and iron pipe would, in my opinion, be 
material or supplies within the meaning of the statute. 
Very truly yours, 

Dana Malone, Attorney-General. 



Puhlic or Private Schools — State Normal Schools — Pupils — 
Street or Elevated Railway Companies — Special Rates. 

Pupils in State normal schools are not entitled to the benefits of R. L., c. 112, 
§ 72, as amended by St. 1906, c. 479, providing that "tlie rates of fare 
charged by street or elevated railway companies for the transportation of 
pupils of the public or private schools . . . shall not exceed one-half the 
regular fare charged by such street or elevated railway company for the 
transportation of other passengers." 

Dec. 19, 1906. 

C. B. TiLLiNGHAST, Escj., Treasurer, State Board of Education. 

Dear Sir : — The State Board of Education ask my opinion 
upon the following question : " Are the pupils in our State nor- 
mal schools entitled to the benefits of chapter 479, Acts of 
1906?^' 

The statute above referred to was first enacted in Acts of 1900, 
chapter 197. This statute was embodied in E. L., c. 112, § 72, 
which is as follows : — 

The rates of fare charged by street or elevated railway companies 
for the transportation of pupils of the public schools between a given 



70 ATTORNEY-GENERAL'S REPORT. [Jan. 

point, from or to which it is necessary for them to ride in travelling 
to or from the school houses in which they attend school and their 
homes, whether such school houses are located in the city or town in 
which the pupils reside or in another city or town, shall not exceed 
one-half the regular fare charged by such street or elevated railway 
company for the transportation of other passengers between said 
points, and tickets for the transportation of pupils as aforesaid, good 
dui'ing the days when said schools are in session, shall be sold by said 
companies in lots of ten each. A railway company which violates 
the provisions of this section shall forfeit twenty-five dollars for each 
offence. 

By Acts of 1906, chapter 4?9, this latter provision was amended 
by the insertion of the words " or private " at the end of the 
second line, so that the provision of law was applicable to the 
" transportation of pupils of the public or private schools." 

The term " public schools " may be considered as synonymous 
with " common schools," and as so used its meaning is well set- 
tled. So it has often been defined in connection with the Consti- 
tution, Article of Amendment XVIII. : — 

All monej's raised by taxation in the towns and cities for the support 
of public schools, and all moneys which may be appropriated by the 
state for the support of common schools, shall be applied to, and 
expended in, no other schools than those which are conducted accord- 
ing to law, under the order and superintendence of the authorities of 
the to^vn or city in which the money is to be expended; and such 
money shall never be appropriated to any religious sect for the 
maintenance, exclusively, of its own school. 

In the case of Merriclc v. Amherst, 12 Allen, 500, 508, it was 
said by Chief Justice Bigelow : — 

The phrases ''' public schools " and " common schools " have ac- 
quired imder the legislation and practice of this State a well-settled 
signification. They are never applied to the higher seminaries of 
leaiiiing, such as incorporated academies and colleges. These, in a 
certain broad and comprehensive sense, are public institutions, be- 
cause thej^ are controlled by corporations, and are usually open to all 
persons who are willing to comply with the terms of admission and 
tuition. But the broad line of distinction between these and the 
" public or common schools " ' is, that the latter are supported by 
general taxation, that they are open to all, free of expense, and that 
they are under the immediate control and superintendence of agents 
appointed by the voters of each town and city. 



1907.] PUBLIC DOCUMENT — No. 12. 71 

And again, in JenMns v. Andover, 103 Mass. 94, 99, the court 
in speaking of public and common schools, said : — 

These are the schools to which the eighteenth article applies, — 
schools which towns are required to maintain, or authorized to main- 
tain, though not required to do so, as a part of our system of common 
education, and which are open and free to all the children and youth 
of the towns in which they are situated, who are of proper age or 
qualifications to attend them, or which adjoinmg towns may unite to 
support as a part of the same system. . . . This class of schools 
does not include private schools which are supported and managed 
by individuals; nor colleges or academies organized and maintained 
under special charters for promoting the higher branches of learn- 
ing, and not specially intended for, nor limited to, the inhabitants of 
a particular locality. 

It appears, then, that the term "public schools" as used in 
the Constitution of the Commonwealth, and as used in subse- 
quent acts of the Legislature, refers and is limited to schools 
forming a part of the general system of education for the chil- 
dren and youth of the Commonwealth, such schools as, on the 
one hand, cities and towns are required to maintain for educa- 
tional purposes, and, on the other hand, children are required 
to attend in order to obtain w^hat is sometimes called " a common- 
school education." 

It is clear, therefore, that the term " public schools " is appli- 
cable to those schools established and maintained by the public, 
at which the attendance of pupils is required and is not appli- 
cable to colleges or academies organized and maintained for pro- 
moting the higher branches of learning, or to textile schools or 
other institutions established and maintained for the purpose of 
instructing voluntary pupils in certain specific branches of edu- 
cation, mechanical or industrial, which do not form a part of the 
general system of education which the law requires to be main- 
tained by cities and towns. See Hanscom v. Lowell, 165 Mass. 
419. 

I am of opinion that so far as relates to the present question 
the interpretation of the statute is not affected by the addition 
of the words "or private," contained in the amendatory act (St. 
1906, c. 479), since it is obvious that it was the intention of the 
Legislature to confer a benefi.t only upon such pupils of private 
schools as are in process of obtaining an education similar to and 
in substitution for that which cities and towns must furnish in 



72 ATTORNEY-GENERAL'S 41EP0RT. [Jan. 1907. 

their common or public schools ; and that it was not intended to 
include institutions established for the purpose of instruction in 
the higher branches of learning, or in various mechanical or in- 
dustrial branches either under the control of private individuals 
or of the Commonwealth. 

The status of students at a State normal school must, therefore, 
in my opinion remain unaffected by the amendment of 1906, and 
if such students are entitled to benefit at all by the provisions 
requiring street railways to carry pupils at half rates, it must be 
under the provision as contained in E. L., c. 112, § 72. This 
is the more obvious because in no sense can a normal school main- 
tained by the Commonwealth for the benefit of its citizens and 
at the public expense be considered a private school. See Merrick 
V. Amherst, supra; Hanscom v. Lowell, supra. 

It remains, therefore, to consider whether or not a State nor- 
mal school is in any sense a public school within the meaning of 
that term as used in the Constitution and statutes of the Com- 
monwealth. It is true that the State Board of Education is 
vested with the general management of State normal schools, 
and may expend the money appropriated for their maintenance 
(see E. L., c. 39) ; and being so maintained, they are undoubt- 
edly public institutions. But the preparation of persons for the 
profession of instruction in common schools not being an essen- 
tial part of the common-school system which the municipalities 
or the Commonwealth are required to maintain, in my opinion 
they are not public schools within the meaning of the statute. 
I am therefore obliged to answer the question in the negative. 
Very truly yours, 

Dana Maloxe, Aiiorneij-General. 



LIST OF CASES 



IN WHICH THE 



ATTORNEY-GENERAL 



HAS APPEARED 



During the Year 1906. 



INFORMATIONS. 



1. At the Relation of the Treasurer and Receiver- 
General. 
For the non-payment of corporation taxes for the year 1905, 
informations were brought against the — 

A. W. Roberts Company. Enjoined. 

Bay State Card and Paper Company. Tax paid and information 
dismissed. 

Bay State Varnish Company. Enjoined. 

Belmont Coal Company. Tax paid and information dismissed. 

Ben Franklin Press. Tax paid and information dismissed. 

Bon-Ton Millinery Company. Tax paid and information dis- 
missed. 

Boston Mirror Company. Tax paid and information dismissed. 

Brockton Beef Company. Tax paid and information dismissed. 

Butterfield Gay Company. Enjoined. 

C. W. Spencer Company. Tax paid and information dismissed. 

Caldwell Photo Company. Enjoined in another suit. 

Chater Company. Enjoined. 

Clarendon Rubber Company. Enjoined. 

Coe, Ray, Creelman Company. Enjoined. 

Colonial Corporation. Enjoined. 

Complete Carriage Nut Company. Enjoined. 

Daniel Gunn & Co., Incorporated. Tax paid and information 
dismissed. 

Danvers Sporting Goods Company. Tax paid and information 
dismissed. 

E. J. Salisbury Company. Tax paid and information dismissed. 
Edward E. Shannon Company. Tax paid and information dis- 
missed. 

Electric Cable . Joint Company. Tax paid and information dis- 
missed. 
Empire Mining and Power Company. Enjoined in another suit. 

F. A. Barnes Hat Company. Enjoined. 

F. P. Wahlgren. Tax paid and information dismissed. 



76 ATTORNEY-GENERAL'S REPORT. [Jan. 

Felton-Turner Heating Company. Tax paid and information dis- 
missed. 

Foreign Language Press Company. Tax paid and information 
missed. 

Frank H. Hall Company. Enjoined. 

Fred H. Lucas Carriage Company. Tax paid and information dis- 
missed. 

Frost Oil Clothing Company. Tax paid and information dismissed. 

G. M. Walker Company. Enjoined. 

General De-Greasing Company. Tax paid and information dis- 
missed. 

George E. Sturtevant Company. Enjoined. 

H. M. Kinports Company. Tax paid and information dismissed. 

Hampton Court Hotel Company. Enjoined. 

Harrington's Auto Station No. L Tax paid and information dis- 
missed. 

Horace S. Johnson & Co., Incorporated. Tax paid and informa- 
tion dismissed. 

Hoyle Lumbering Company. Tax paid and information dismissed. 

I. W. Black Piano Company. Tax paid and information dismissed. 

Investment Corporation. Enjoined. 

J. M. Howard & Son Company. Tax paid and information dis- 
missed. 

J. P. & W. H. Emond, Incorporated. Pending. 

Jacobs & Son Company. Dissolved. 

James H. Jacobs Company. Enjoined. 

Janet Mining and Milling Company. Enjoined. 

Kaplan & Finkbeiner Company. Tax paid and information dis- 
missed. 

Leo E. Bova Company. Tax paid and information dismissed. 

Lowell Model Company. Enjoined. 

Manufacturers Bottle Company. Tax paid and information dis- 
missed. 

Massachusetts Automobile Company. Tax paid and information 
dismissed. 

Massachusetts Stone Company. Tax paid and information dis- 
missed. 

Mechanical Co-operative Company. Tax paid and information 
dismissed. 

Miles F. King Advertising Company. Enjoined. 

Model Laundering Company. Tax paid and information dismissed. 

N. P. Sackett Company. Enjoined. 



1907.] PUBLIC DOCUMENT — No. 12. 77 

New England Dredging Company. Tax paid and information 
dismissed. 

New Western Reduction Company. Tax paid and information 
dismissed, 

Newman the Shoeman, Incorporated. Tax paid and information 
dismissed. 

Nichols-Magee Construction Company. Tax paid and informa- 
tion dismissed. 

Norfolk Lumber Company. Enjoined. 

Oakbirch Park Corporation. Tax paid and information dismissed. 

Old Colony Seam-Face Granite Company. Tax paid and informa- 
tion dismissed. 

Palami, Incorporated. Enjoined. 

Paul N. Raymond Company. Enjoined. 

Peabody Candy Company. Tax paid and information dismissed. 

Peerless Semi-Pneumatic Tire Company. Enjoined. 

People's Coal, Ice and Lumber Company. Tax paid and informa- 
tion dismissed. 

People's Ice Company of Worcester. Tax paid and information 
dismissed. 

Pierrepont Mills Corporation. Tax paid and information dis- 
missed. 

Prudential Corporation. Tax paid and information dismissed. 

Quincy Market Gardening Company. Tax paid and information 
dismissed. 

Robinson Luce Company. Enjoined. 

Sentinel Publishing Company. Enjoined. 

Shady Hill Nursery Company. Tax paid and information dis- 
missed. 

Silas Pierce & Co., Limited. Tax paid and information dismissed. 

Standard Lumber Company. Tax paid and information dismissed. 

Standard Valve Company. Enjoined. 

Steven Jennings Company. Tax paid and information dismissed. 

T. Norris Company. Enjoined. 

Talbot Chemical Company. Tax paid and information dismissed. 

Taunton Shoe Company. Enjoined. 

United States Credit Company. Tax paid and information dis- 
missed. 

United States Industrial Company. Enjoined. 

W. E. Woodman Company, Incorporated. Bankruptcy. 

Waher S. Washburn Company. Tax abated. Information dis- 
missed. 



78 ATTORNEY-GENERAL'S REPORT. [Jan. 

Waltham Mercantile Company. Tax paid and information dis- 
missed. 

William T. Bonner Company. Tax paid and information dis- 
missed. 

William T. True Company. Tax paid and information dismissed. 

Worcester Sanitarium Company. Tax paid and information dis- 
missed. 

2. At the Relation of the Tax Commissioner. 
For failure to file tax return for the year 1906, required by St. 
1903, c. 437, § 48, informations were brought against — 

Acetylene Engineering Company. Enjoined. 

Adams Marble Company. Return filed and information dismissed. 

Adaptable Sign Company. Enjoined. 

iEtna Securities Company. Return filed and information dismissed. 

Aid-Ant Remedy Company. Return filed and information dis- 
missed. 

Allen & Fox Express Company. Return filed and information 
dismissed. 

Allen School of West Newton. Return filed and information dis- 
missed. 

Altamonte Springs Company. Pending. 

Ambler & Hobart Company. Return filed and information dis- 
missed. 

American Bond and Security Company. Enjoined. 

American Cash Benefit Company. Enjoined. 

American Charter and Finance Company. Enjoined. 

American Citizen Company. Return filed and information dis- 
missed. 

American Development Company. Enjoined. 

American Graphite and Development Company. Enjoined. 

American Law Association, Incorporated. Enjoined. 

American Machine Manufacturing Company. Return filed and 
information dismissed. 

American Mezzo-Tint Company. Enjoined. 

American Oriental Rug Company. Return filed and information 
dismissed. 

American Pop Corn Company. Enjoined. 

Anderson Manufacturing Company. Information dismissed. 

Arthur Treat Company. Return filed and information dismissed. 

Associated Dealers Credit Bureau. Return filed and information 
dismissed. 



1907.] PUBLIC DOCUMENT — No. 12. 79 

Atwood Preserving Company. Return filed and information dis- 
missed. 

Automatic Gas Appliance Company. Enjoined. 

Automobile Sales Company. Return filed and information dis- 
missed. 

Avon Woolen Mills Company. Return filed and information dis- 
missed. 

B. & E. Corporation. Return filed and information dismissed. 

B. S. & C. Phosphate Company. Enjoined. 

Baker, Bois & Watson Company. Return filed and information 
dismissed. 

Ball Bearing Company. Return filed and information dismissed. 

Bardwell Hoar Brokerage Company. Enjoined. 

Bay State Card and Paper Company. Enjoined. 

Beacon Express Company. Enjoined. 

Belmont Coal Company. Return filed and information dismissed. 

Ben Franklin Institute. Enjoined. 

Ben Franklin Press. Enjoined. 

Borden & Remington Company. Return filed and information 
dismissed. 

Borelli Silk Company. Return filed and information dismissed. 

Boston & Haverhill Despatch Company. Return filed and informa- 
tion dismissed. 

Boston & Nantasket Steamboat Company. Enjoined. 

Boston & Nova Scotia Steamship Company. Enjoined. 

Boston and Southern Copper and Zinc Company. Enjoined. 

Boston & Suburban Express Company. Pending. 

Boston Coal-Briquette Company. Enjoined. 

Boston Cycle and Sundry Company. Return filed and information 
dismissed. 

Boston Fare Register Company. Enjoined. 

Boston Fire Patrol and Emergency Company. Enjoined. 

Boston Parlor Suit Company. Enjoined. 

Boston Pier or the Long Wharf, Proprietors of. Return filed and 
information dismissed. 

Bourn-Hadley Company. Return filed and information dismissed. 

Brigham Woolen Company, Incorporated. Return filed and in- 
formation dismissed. 

Brockton Beef Company. Return filed and information dismissed. 

Brockton Pink Granite Quarry Company. Enjoined. 

Burrus Manufacturing Company. Enjoined. 

C. F. White & Co., Incorporated. Pending. 



80 ATTORNEY-GENERAL'S REPORT. [Jan. 

C. S. Cummings Company. Return filed and information dis- 
missed. 

Cahill Manufacturing Company. Return filed and information 
dismissed. 

Calaveras Mining Company. Enjoined. 

Cambridge Co-operative Press. Enjoined. 

Caney Edisonia Company. Enjoined. 

Cantelo Manufacturing Company. Enjoined. 

Canton Supply Company. Dissolved by Superior Court. 

Casco Ship Building Company. Unable to get service. 

Cedar Street Grocery Company. Return filed and information 
dismissed. 

Central Furniture Company. Pending. 

Chandler IMachine Company. Return filed and information dis- 
missed. 

Charles A. Snow Company. Return filed and information dis- 
missed. 

Charles W. Ware, Incorporated. Enjoined. 

Chase Company. Enjoined. 

Chelsea Screen and Manufacturing Company. Enjoined. 

Chenango Company. Enjoined. 

Clark Publishing Company. Return filed and information dis- 
missed. 

Clifton Nail and Supply Company. Return filed and information 
dismissed. 

Coburn-Barnes Company. Return filed and information dismissed. 

Coe Market Company. Enjoined. 

Cohannet Silver Company. Return filed and information dismissed. 

Cole Church Organ Company. Return filed and information dis- 
missed. 

Colonial Amusement Company. Enjoined. 

Comfort Auto Sight-seeing Company. Enjoined. 

Compensating Clock Company. Enjoined. 

Concord School Company. Return filed and information dis- 
missed. 

Connecticut Valley Grain Company. Return filed and informa- 
tion dismissed. 

Connfelt Clark Company. Enjoined. 

Consolidated Transfer Company, Limited. Pending. 

Constant Pressure Gas Engine Company. Enjoined. 

Continental Motor Company. Enjoined. 

Cooley General Development Selling Company. Enjoined. 
Co-operative ^Market Company. Enjoined. 



1907.] PUBLIC DOCUMENT — No. 12. 81 

Coots School of Elocution and Dramatic Art, Incorporated. Re- 
turn filed and information dismissed. 

Corona Kid Company. Return filed and information dismissed. 

Crane Manufacturing Company. Enjoined. 

Crocker Drug Company. Return filed and information dismissed. 

Crown Motor Car Company. Return filed and information dis- 
missed. 

Cuban Disc Company. Enjoined. 

D. F. O'Connell Company. Return filed and information dis- 

missed. 

Daily Commercial Company. Pending. 

Dalton-Ingersoll Manufacturing Company. Return filed and 
information dismissed. 

Dana Confectionery Company. Return filed and information 
dismissed. 

D'Arcy & Sons Company. Return filed and information dis- 
missed. 

Davis & Dudley Ice Cream Company. Return filed and informa- 
tion dismissed. 

Diana Braid Company. Enjoined. 

Dodge Advertising Agency, Incorporated. Return filed and in- 
formation dismissed. 

Dover Construction Company. Enjoined. 

Dowling Brothers Company. Enjoined. 

Dr. Weinstein's Medical Offices, Incorporated. Return filed and 
information dismissed. 

Draper Publishing Company. Return filed and information dis- 
missed. 

Dupuis Manufacturing Company. Return filed and information 
dismissed. 

Duxbury Fertilizer and Chemical Company. Enjoined. 

E. C. Tarr Company. Return filed and information dismissed. 
E. H. Saxton Company. Return filed and information dismissed. 
E. R. Barry Company. Enjoined. 

E. W. L\Tich Furniture Company. Return filed and information 

dismissed. 
Eastern Egg Company. Pending. 
Eastern Lumber Company. Enjoined. 
Eastern Novelty Company. Enjoined. 
Eastern Park Cigar Company. Enjoined. 
Eclipse Shoe Company. Enjoined. 
Ehrman Manufacturing Company. Return filed and information 

dismissed. 



^2 ATTORNEY-GENERAL'S REPORT. [Jan. 

Electric City Motor Company. Enjoined. 

Electrical Advertising Company. Return filed and information 
dismissed. 

Elk River Milling Company. Return filed and information dis- 
missed. 

Ellis & Buswell Company. Return filed and information dis- 
missed. 

Elmore Chemical Company. Enjoined. 

Empire Theatre Company. Enjoined. 

Estes Mills. Return filed and information dismissed. 

F. O. Blake Sprayer Company. Enjoined. 

Fall River Granite Company. Return filed and information dis- 
missed. 

First National Loan Company. Enjoined. 

Florence Trading Company. Enjoined. 

Foley-Taylor Manufacturing Company. Enjoined. 

Foster Bogs Company. Return filed and information dismissed. 

Framingham Hotel Company. Return filed and information dis- 
missed. 

Frank I. Pierson Drug Company. Enjoined. 

Franklin School of Engineering. Enjoined. 

Fred T. Ley & Co., Licorporated. Return filed and information 
dismissed. 

Frost & Hawes Company. Enjoined. 

Gallagher & Munro Company. Return filed and information 
dismissed. 

Garden City Shoe Company. Return filed and information dis- 
missed. 

Gardner Egg Carrier Company. Return filed and information 
dismissed. 

Gardner Theatre Company. Return filed and information dis- 
missed. 

Geisel Automobile Company. Enjoined. 

General Screw ^Machine Company. Return filed and information 
dismissed. 

George F. Gosseline Company. Enjoined. 

George i\I. Holbrooke Company. Enjoined. 

Golden Rod Woolen Company. Enjoined. 

Good Hope Packet Company. Pending. 

H. Ohashi Tea Company. In bankruptcy. 

H. E. AYebster Company. Return filed and information dismissed. 

H. F. Ross Company. Return filed and information dismissed. 



1907.] PUBLIC DOCUMENT — No. 12. 83 

H. L. Follansbee Company. Enjoined. 

H. O. Nute Company. Enjoined. 

H. W. Dunning & Co., Incorporated. Return filed and informa- 
tion dismissed. 

Hackett Brothers Company. Return filed and information dis- 
missed. 

Harding Manufacturing Company. Enjoined. 

Harrington Ring and Traveller Company. Enjoined. 

Harvey & Gage Amusement Company. Enjoined. 

Hathaway, Soule & Harrington, Incorporated. Information dis- 
missed. 

Henry Woods' Sons Company. Return filed and information 
dismissed. 

Higgins & Gifford Boat Manufacturing Company. Enjoined. 

Kingston Safety Envelope Company. Return filed and informa- 
tion dismissed. 

Holyoke Provision and Cold Storage Company. Enjoined. 

Hotel Eastgate Company. Enjoined. 

Hoyt Elevator Company. Enjoined. 

I. G. Studley Box and Lumber Company. Enjoined. 

Imperial Display Company. Enjoined. 

Imperial Express Company. Enjoined. 

Importers and Traders Leather Company. Enjoined. 

Independent Securities Company. Enjoined. 

International Pulp and Lumber Company. Enjoined. 

International Stock and Bond Company. Enjoined. 

J. H. Butler Lumber Company. Return filed and information 
dismissed. 

J. J. Whittier & Co., Incorporated. Enjoined. 

J. V. Kimball Company. Enjoined. 

J. W. Jordan Company. Return filed and information dis- 
missed. 

J. W. Lunt Company. Enjoined. 

J. W. Taylor Manufacturing Company. Enjoined. 

Jackson Patent Shell Roll Corporation. Return filed and informa- 
tion dismissed. 

Jacobs Dry Goods Company. Enjoined. 

Jamaican Produce Company. Enjoined. 

John Foster Company. Return filed and information dismissed. 

Johnsonia Silver Company. Pending. 

Johnston Lumber Company. Return filed and information dis- 
missed. 



84 ATTORNEY-GENERAL'S REPORT. [Jan. 

Kearsage Lumber Company. Enjoined. 

Kneil Coal Company. Return filed and information dismissed. 

L. L. Brown Paper Company. Return filed and information dis- 
missed. 

Legal Protective Association of Wage Earners. Enjoined. 

Leicester Polar Spring Company. Return filed and information 
dismissed. 

Leverett Express Company. Enjoined. 

Lincoln-Littlefield Hat Company. Return filed and information 
dismissed. 

Linscott Motor Company. Return filed and information dis- 
missed. 

Lockwood Building Company. Pending. 

London Company. Enjoined. 

Lowell & Fitchburg Electric Company. Return filed and informa- 
tion dismissed. 

Lundin Steel Casting Company. Return filed and information 
dismissed. 

Lynn Re-Toe Last Company. Return filed and information dis- 
missed. 

M. C. Plummer Company. Enjoined. 

M, H. Mullen Shoe Company. Enjoined. 

Machinery Supply Company. Enjoined. 

Madeira Rubber Company. Enjoined. 

Malteaux Company. Return filed and information dismissed. 

Manchester Journal Company. Pending. 

Manufacturers Association. Enjoined. 

Marine Life-saving Device Company. Pending. 

Marlboro Shoe Company. Enjoined. 

Massachusetts Loan and Guarantee Company. Return filed and 
information dismissed. 

Massachusetts Woven Barrel Company. Enjoined. 

Mayo Contracting Company. Enjoined. 

Mecca Park Construction Company. Enjoined. 

Metropolitan Collections Company. Return filed dnd information 
dismissed. 

Middlesex Construction Company. Pending. 

Mill Express Company. Enjoined. 

Monarch Clothing Company. Return filed and information dis- 
missed. 

Morse International Agency. Return filed and information dis- 
missed. 

Mount Peak Mining and Chemical Company. Enjoined. 



1907.] PUBLIC DOCUMENT — No. 12. 85 

Munroe & Knight Machine Screw Company. Enjoined. 

Mutual District Messenger Company of Boston. Return filed 
and information dismissed. 

National Telephone Tablet Holder Company. Enjoined. 

National Wax Paper Printing Company. Enjoined. 

Nehokist Manufacturing Company. Enjoined. 

Nelson Manufacturing Company. Return filed and information 
dismissed. 

Nevada Development Company. Enjoined. 

New Can Company. Return filed and information dismissed. 

New England Adamant Company. Return filed and information 
dismissed. 

New England Adamant Securities Company. Enjoined. 

New England Comb Company, Incorporated. Return filed and 
information dismissed. 

New England Co-operative Company. Unable to get service. 

New England Dredging Company. Pending. 

New England Hen Nest Manufacturing Company. Return filed 
and information dismissed. 

New England Hygienic Spring Water Vending Corporation. En- 
joined. 

New England Mineral Company. Return filed and information 
dismissed. 

New England Mutual Investment Company. Enjoined. 

New England Resort Bureau, Incorporated. Enjoined. 

New England Shoe-repairing Machinery Company. Enjoined. 

Norfolk Blanket-cleansing Company. Return filed and informa- 
tion dismissed. 

Norwood Engineering Company. Return filed and information 
dismissed. 

Nute-Hallett Company, Incorporated. Enjoined. 

O-So-Ezy Manufacturing Company. Enjoined. 

Office Bank and Library Company. Return filed and information 
dismissed. 

O'Keefe Tanning Company. Enjoined. 

Old Colony Concrete Company. Enjoined. 

Old Colony Press. Return filed and information dismissed. 

Ozona Medical Company. Enjoined. 

P. Creedon Company. Return filed and information dismissed. 

Page Motor Vehicle Company. Return filed and information dis- 
missed. 

Parmenter & Polsey Fertilizer Company. Return filed and in- 
formation dismissed. 



86 ATTORNEY-GENERAL'S REPORT. [Jan. 

Parsons Machinery Company. Return filed and information dis- 
missed. 

Paul N. Ra\Tnond Company. Enjoined. 

Peabody Granite Company. Return filed and information dis- 
missed. 

Peabody-Tucker Company. Enjoined. 

People's Coal, Ice and Lumber Company. Return filed and in- 
forniation dismissed. 

Perfection Manufacturing Company. Enjoined. 

Phillipston Trap Rock Company. Return filed and information 
dismissed. 

Phoenix Grocery and Provision Company. Enjoined. 

Phoenix Pharmacy. Enjoined. 

Pierson Pharmacy Company. Return filed and information dis- 
missed. 

Pilgrim Foundry Company. Return filed and information dis- 
missed. 

Political Publishing Company. Enjoined. 

Postal Advertising Company. Enjoined. 

Pure Food Company. Enjoined. 

Quick-Hitch Manufacturing Company. Enjoined. 

Quincy Public Market Company. Return filed and information 
dismissed. 

Quinsigamond Lake Improvement Company. Enjoined. 

Randolph Clothing Company. Return filed and information dis- 
missed. 

Real Estate Mortgage Company. Enjoined. 

Realty Development Corporation. Return filed and information 
dismissed. 

Refilled Electric Lamp and Supply Company. Enjoined. 

Revere Beach Roller Skating and Amusement Company. En- 
joined. 

Revere Coal Mine Company. Enjoined. 

Revolution Laundry Machinery Company. Enjoined. 

Reynolds Machine Company. Enjoined. 

Richard French Iron Works. Return filed and information dis- 
missed. 

Richard Patent Leather Corporation. Enjoined. 

Roller Bar Door Closer Company. Return filed and information 
dismissed. 

S. D. Grossman Company. Return filed and information dis- 
missed. 

Salem Heating and Metal Company. Enjoined. 

Salem Press Company. Return filed and information dismissed. 



1907.] PUBLIC DOCUMENT — No. 12. 87 

Sandwich House Company. Enjoined. 

Sanitary Manufacturing Company. Enjoined. 

Sanitary Plumbing Company. Return filed and information dis- 
missed. 

Sanitary Reduction and Construction Company. Enjoined. 

Schipper Brothers Coal Mining Company, Incorporated. Return 
filed and information dismissed. 

Scott Tailoring Company. Enjoined. 

Seymour-Clark-Hills Company. Enjoined. 

Shafer & Green Company. Enjoined. 

Sister Margaret Remedy Company. Enjoined. 

Small, Maynard & Co. Return filed and information dismissed. 

Smith Brothers Manufacturing Company. Enjoined. 

South Shore Grain Company. Return filed and information dis- 
missed. 

Sovereigns Co-operative Association of Webster, Mass. Enjoined. 

Springfield Construction Company. Return filed and information 
dismissed. 

Springfield Co-operative Milk Association. Return filed and in- 
formation dismissed. 

Standard Butter Company. Return filed and information dis- 
missed. 

Standard Commercial Company. Enjoined. 

Standard Light Manufacturing Company. Return filed and in- 
formation dismissed. 

Stationers Manufacturing Company. Enjoined. 

Stetson Press, Incorporated. Return filed and information dis- 
missed. 

Stone Express Company. Return filed and information dismissed. 

Stoneville Company. Return filed and information dismissed. 

Storage Warehouse Company of Melrose, Incorporated. En- 
joined. 

Suffolk Co-Press. Pending. 

Surgical Linen Company. Pending. 

Suttons Mills. Return filed and information dismissed. 

Swampscott Gelatine Company. Return filed and information 
dismissed. 

T. Frank Nightingale Company. Return filed and information 
dismissed. 

Taunton Baseball Association. Return filed and information dis- 
missed. 

Technical Automobile School of New England, Incorporated. En- 
joined. 



88 ATTORNEY-GENERAL'S REPORT. [Jan. 

This-is-Holmes' Corporation. Information dismissed. 

Three Pelloids Company. Return filed and information dismissed. 

Tide Water Broken Stone Company. Return filed and informa- 
tion dismissed. 

Tulloch's Boston Dental Association. Enjoined. 

Turners Falls Lumber Company. Return filed and information 
dismissed. 

Twentieth Century Amusement Company. Return filed and in- 
formation dismissed. 

U. S. Pouhry, Egg and Squab Company. Enjoined. 

Union Construction Company. Return filed and information dis- 
missed. 

Union Credit Company. Return filed and information dismissed. 

Union Express Company. Enjoined. 

Union Tool Company. Return filed and information dismissed. 

United Automatic Lighting Company. Enjoined. 

United States Steel Corporation. Enjoined. 

Universal Electric Corporation. Enjoined. 

University Cut Glass Company. Return filed and information dis- 
missed. 

Upton Peat Coal Company. Enjoined. 

Vaughn Carriage Company. Enjoined. 

Veerac Motor Car Company. Return filed and information dis- 
missed. 

Vose Manufacturing Company. Return filed and information dis- 
missed. 

W. F. Plummer Drug Company. Return filed and information dis- 
missed. 

W. L. Davis, Incorporated. Enjoined. 

Wakefield Clothing Company. Return filed and information dis- 
missed. 

Wakefield Manufacturing Company. Return filed and information 
dismissed. 

Walter N. Bates Company, Incorporated. Enjoined. 

Waltham Mercantile Company. Enjoined. 

Waquoit Herring River Company. Return filed and information 
dismissed. 

Watson Shoe Company. Return filed and information dismissed. 

WejTuouth Midway Attraction Company. Enjoined. 

Weymouth Seam-face Granite Company. Enjoined. 

Whitin Machine Works. Return filed and information dismissed. 

Wm. J. Perry Company. Return filed and information dismissed. 

William T. True Company. Enjoined. 



1907.] PUBLIC DOCUMENT — No. 12. 89 

Williams & Everett Company. Return filed and information dis- 
missed. 

Williamstown Press Company. Return filed and information dis- 
missed. 

Wilson Building Moving Company. Return filed and information 
dismissed. 

Winchendon Auto Transit Company. Return filed and informa- 
tion dismissed. 

Worcester Cold Storage and Warehouse Company. Return filed 
and information dismissed. 

Worcester Elevator Packing and Supply Company. Enjoined. 

Worcester Novelty Company. Enjoined. 

Woronoco Heating and Plumbing Company. Return filed and in- 
formation dismissed. 



3. At the Relation of the Commissioner of Corporations. 

(a) For failure to file the certificate of condition for the years 
1905 and 1906, required by St. 1903, c. 437, §§ 45, 66, informa- 
tions were brought against — 

A. Klipstein & Co. Return filed and information dismissed. 

A. C. Grady Loan Company. Pending. 

A. G. Moore Company. Enjoined. 

A. L. Picard Company. Pending. 

A. N. Greenwood Oil Company. Return filed and information 
dismissed. 

A. S. Tucker Company. Enjoined. 

Acme Music Publishing Company. Information dismissed. 

Acme Road Machinery Company. Enjoined. 

Acme Thread Works. Pending. Return filed and information 
dismissed. 

Airified-Gas Heating and Power Company. Return filed and in- 
formation dismissed. 

Albion Express Company. Enjoined. 

Alvan Clark & Sons Corporation. Return filed and information 
dismissed. 

American and Sun Publishing Company. Return filed and in- 
formation dismissed. 

American Brass Foundry Company. Enjoined. 

American Bridge and Structural Preserving Company. Return 
filed and information dismissed. 

American Cash Benefit Company. Enjoined. 



90 ATTORNEY-GENERAL'S REPORT. [Jan. 

American Cotton Yarn Exchange. Return filed and information 
dismissed. 

American DeForest Wireless Telegraph Company. Enjoined. 

American Finance and Securities Company. Information dis- 
missed. 

American Graphite and Development Company. Enjoined. 

American-LaFrance Fire Engine Company. Information dis- 
missed. 

American Mica Company. Return filed and information dismissed. 

American Molybdenum Company. Enjoined. 

American Mosaic Company. Enjoined. 

American Net and Twine Company. Return filed and information 
dismissed. 

American Promoting and Trustee Company. Return filed and in- 
formation dismissed. 

American Writing Machine Company. Return filed and informa- 
tion dismissed. 

Anchor Knitting Mills. Information dismissed. 

Annals Publishing Company. Return filed and information dis- 
missed. 

Arlington Co-operative Association. Return filed and information 
dismissed. 

Art Brass Company, Incorporated. Enjoined. 

Art Metal Construction Company. Return filed and information 
dismissed. 

Attleboro Manufacturing Company. Return filed and information 
dismissed. 

Auro Company, The. Pending. 

Auto Manufacturing Company. Enjoined. 

Automatic Gas Appliance Company. Enjoined. 

Automobile Touring Company. Pending. 

Avery L. Rand Company. Return filed and information dismissed. 

Bankers and Traders Company. Enjoined. 

Barker Neck-tie Manufacturing Company. Enjoined. 

Barthel Blow Lamp Company. Return filed and information dis- 
missed. 

Bay Side Coal Company. Return filed and information dismissed. 

Bay State Shoe and Leather Company. Return filed and informa- 
tion dismissed. 

Bayley Carriage Yoke Company. Return filed and information 
dismissed. 

Beacon Electric Company. Return filed and information dismissed. 

Beaton & Co. Return filed and information dismissed. 



1907.] PUBLIC DOCUMENT — No. 12. 91 

Belmont Coal Company. Return filed and information dismissed. 

Belvidere Woolen Manufacturing Company. Return filed and in- 
formation dismissed. 

Bemis Car Truck Company. Return filed and information dis- 
missed. 

Bemis Mills. Return filed and information dismissed. 

Ben Franklin Press. Enjoined. 

Berkshire Specialty Company. Pending. 

Best Baking Company. Return filed and information dismissed. 

Beverly Manufacturing Company. Return filed and information 
dismissed. 

Beverly Printing Company. Return filed and information dis- 
missed. 

Bicknell Home Building Company. Enjoined. 

Blake & Knowles Steam Pump Works. Return filed and in- 
formation dismissed. 

Bliss Coal Company. Enjoined. 

Bloomberg Brothers Company, Incorporated. Return filed and 
information dismissed. 

Boston Advertising Company. Return filed and information dis- 
missed. 

Boston Advocate Company. Return filed and information dis- 
missed. 

Boston and Haverhill Despatch Company. Return filed and in- 
formation dismissed. 

Boston and Mexican Gold Placer Company. Return filed and 
information dismissed. 

Boston and Nantasket Steamboat Company. Enjoined. 

Boston Baking Powder Company. Return filed and information 
dismissed. 

Boston Beef Company. Return filed and information dismissed. 

Boston Blower Company. Return filed and information dismissed. 

Boston Construction Company. Enjoined. 

Boston Fire and Police Notification Company. Return filed and 
information dismissed. 

Boston Fire Despatch Company. Enjoined. 

Boston Fire Patrol and Emergency Company. Enjoined. 

Boston Knitting Mills. Enjoined. 

Boston Leather Trimming Company. Return filed and informa- 
tion dismissed. 

Boston Pneumatic Power Company. Pending. 

Boston Printing Press Manufacturing Company. Enjoined. 

Boston Publishing Company. Enjoined. 



92 ATTORNEY-GENERAL'S REPORT. [Jan. 

Bovox Company. Return filed and information dismissed. 

Bristol Door and Lumber Company. Information dismissed. 

Brookside Worsted Mills. Return filed and information dis- 
missed. 

Budgett Company. Pending. 

Bunker Hill Carriage Company. Return filed and information 
dismissed. 

Burke & Co., Licorporated. Return filed and information dis- 
missed. 

Burrus Manufacturing Company. Enjoined. 

C. A. Briggs Company. Return filed and information dismissed. 

C. H. Eden Company. Return filed and information dismissed. 

C. L. York Company. Return filed and information dismissed. 

Calhoun & Witherbee Company. Enjoined. 

Carbondale Machine Company. Return filed and information 
dismissed. 

Carleton & Hovey Company. Return filed and information dis- 
missed. 

Carrabassett Mineral Spring Water Company. Return filed and 
information dismissed. 

Casco Ship Building Company. Unable to get service. 

Central Tailoring and Manufacturing Company. Unable to get 
service. 

Century Light Company of America. Enjoined. 

Chandler Machine Company. Return filed and information dis- 
missed. 

Charles A. Snow Company. Return filed and information dis- 
missed. 

Chelmsford Foundry Company. Return filed and information 
dismissed. 

Cheltenham Press. Pending. 

Chester Manufacturing Company. Return filed and information 
dismissed. 

Child Acme Cutler and Press Company. Return filed and infor- 
mation dismissed. 

Clark Publishing Company. Pending. 

Clifford Barber Supplies Company. Return filed and information 
dismissed. 

Colman Co-operative Company. Enjoined. 

Colonial Corporation. Enjoined. 

Colonial Furniture Company. Enjoined. 

Colonial Steel Company. Return filed and information dismissed. 

Colonial Supply Company. Enjoined. 



1907.] PUBLIC DOCUMENT — No. 12. 93 

Colonial Trading Stamp Company. Enjoined. 

Commercial Fish Company. Enjoined. 

Compensating Clock Company. Enjoined. 

Consolidated Cranberry Company. Return filed and information 
dismissed. 

Consolidated Dental Manufacturing Company. Return filed 
and information dismissed. 

Consolidated Law Cabinet. Enjoined. 

Construction Information Company. Enjoined. 

Continental Storage Warehouse Company. Pending. 

Contractors Machinery Rental and Transportation Company. 
Return filed and information dismissed. 

Cornelius Callahan Company. Return filed and information dis- 
missed. 

Corporation Security Company. Pending. 

Creamette Pure Food Company. Pending. 

Cuban Disc Company. Enjoined. 

Culecide Company. Enjoined. 

Cushman Press. Enjoined. 

Cutler Coal Company. Information dismissed. 

Daily Commercial Company. Unable to get service. 

Damours Gold Mining and Milling Company. Pending. 

Daniel Gunn & Co., Incorporated. Return filed and information 
dismissed. 

Davis & Dudley Ice Cream Company. Return filed and informa- 
tion dismissed. 

Davis Electric Manufacturing Company. Return filed and in- 
formation dismissed. 

Davis Ice Cream Company. Return filed and information dis- 
missed. 

DeMarco Construction Company, Incorporated. Return filed and 
information dismissed. 

Diana Braid Mills. Enjoined on another suit. 

Dinsmore Manufacturing Company. Return filed and informa- 
tion dismissed. 

Dodge Lubricator Company. Return filed and information dis- 
missed. 

Dr. Weinstein's Medical Offices, Incorporated. Return filed and 
information dismissed. 

Dragon Security Company. Enjoined. 

E. & R. Laundry Company. Return filed and information dis- 
missed. 

E. C. Andrews Company. Enjoined. 



94 ATTORNEY-GENERAL'S REPORT. [Jan. 

E. C. Bowman & Son Company. Pending. 

E. H. Mahoney Chair Company. Return filed and information 

dismissed. 
E. L. Grimes Company. Return filed and information dismissed. 

E. T. Ricker Shoe Company. Return filed and information dis- 

missed. 

Eagle Overall Company. Pending. 

Eastern Chemical Company. Return filed and information dis- 
missed. 

Eastern Commission Company, Incorporated. Enjoined. 

Eastern Portrait and Photo-Button Company. Enjoined. 

Eastern Terra Cotta Brick and Tile Company. Return filed and 
information dismissed. 

Electric Alumina Purifying Company. Enjoined. 

Electric Cable Joint Company. Enjoined. 

Electric Maintenance Company. Return filed and information 
dismissed. 

Electric Textile Machinery Company. Return filed and informa- 
tion dismissed. 

Elektron Manufacturing Company. Return filed and information 
dismissed. 

Ensign Company. Enjoined. 

Eppens, Smith & Weemann Company. Information dismissed. 

Equitable Security Company. Enjoined. 

Erickson Electric Equipment Company. Return filed and informa- 
tion dismissed. 

Eureka Silk Manufacturing Company. Information dismissed. 

Everett Hotel Company. Return filed and information dismissed. 

Exposition Amusement Company. Enjoined. 

F. K. Bradman Company. Return filed and information dis- 

missed. 

Fall River Bottlers Association. Return filed and information dis- 
missed. 

Fall River Cold Storage Company. Return filed and information 
dismissed. 

Federal Clay Manufacturing Company. Return filed and informa- 
tion dismissed. 

Federal Express Company. Enjoined. 

Fidelity Finance Company of Massachusetts. Enjoined. 

Fisher-Churchill Company. Return filed and information dis- 
missed. 

Florence Trading Company. Enjoined. 

Foster Rubber Company. Return filed and information dismissed. 



1907.] PUBLIC DOCUMENT — No. 12. 95 

Francis Fastener Company. Return filed and information dis- 
missed. 

Fred H. Lucas Carriage Company. Pending. 

Frederick H. Osgood Company. Return filed and information 
dismissed. 

French American Fishery Company. Pending. 

Frost & Hawes Company. Enjoined. 

Frost Oil Clothing Company. Return filed and information dis- 
missed. 

Fulton Fuel Economizer Company. Enjoined. 

Gardner Theatre Company. Return filed and information dis- 
missed. 

Gas and Electric Protective Company. Enjoined. 

Gay Head Fire Brick Company. Return filed and information 
dismissed. 

Geisel Automobile Company. Return filed and information dis- 
missed. 

General DeGreasing Company. Pending. 

General Screw Machine Company. Return filed and information 
dismissed. 

George B. H. Macomber Company. Return filed and information 
dismissed. 

George D. Brown Company. Enjoined. 

George D. Merrill Shoe Company. Enjoined. 

George E. Marsh Company. Return filed and information dis- 
missed. 

George M. Holbrooke Company. Enjoined. 

George W. Pepper Company. Information dismissed. 

Globe Tire Company. Enjoined. 

Gold Discount Stamp Company. Enjoined. 

Golden Rod Woolen Company. Enjoined. 

Goldena Manufacturing Company. Return filed and information 
dismissed. 

Good Springs Smelting and Developing Company. Return filed 
and information dismissed. 

Gordon Clasp Company. Pending. 

Great Island Land and Improvement Company. Return filed and 
information dismissed. 

Greenfield Recorder Company. Return filed and information 
dismissed. 

Gridley Mining Company. Enjoined. 

Gutta Percha and Rubber Manufacturing Company. Return 
filed and information dismissed. 



96 ATTORNEY-GENERAL'S REPORT. [Jan. 

H. E. Webster Company. Return filed and information dismissed. 

H. J. Hinged Shoe Vamp Company. Enjoined. 

H. R. Leighton & Co. Enjoined. 

H. S. Johnson Company. Enjoined. 

Hallwood Cash Register Company. Enjoined. 

Hamihon Automatic Bed Company. Information dismissed. 

Hammond T}^ewriter Company. Return filed and information 
dismissed. 

Hampden Auto Company. Return filed and information dis- 
missed. 

Harrington Auto Station No. 1. Return filed and information 
dismissed. 

Harrington Press. Return filed and information dismissed. 

Harrington Ring and Traveller Company. Enjoined. 

Hatch Accumulator Company. Return filed and information 
dismissed. 

Haverhill Gas Light Company. Return filed and information 
dismissed. 

Haverhill Gas Securities Company. Return filed and information 
dismissed. 

Hayes Manufacturing Company. Return filed and information 
dismissed. 

Hayward & Litch Express Company. Return filed and informa- 
tion dismissed. 

Help Yourself School. Return filed and information dismissed. 

Henrici Washer Company. Pending. 

Hideite Leather Company. Information dismissed. 

Historical Art Company. Information dismissed. 

Holden's Stable. Return filed and information dismissed. 

HoUiston Braiding Company. Enjoined. 

Holmes Market Company. Return filed and information dismissed. 

Hooper, Lewis & Co. Return filed and information dismissed. 

Hopewell Railroad Supply Company. Return filed and informa- 
tion dismissed. 

Horace K. Turner Corporation. Return filed and information 
dismissed. 

Hoyt Elevator Company. Enjoined. 

Hoyt L. Conary Company. Enjoined. 

Hub Publishing Company. Unable to get service. 

Ideal Manufacturing Company. Return filed and information 
dismissed. 

Imperial Express Company. Enjoined. 

Importers and Traders Leather Company. Enjoined. 



1907.] PUBLIC DOCUMENT — No. 12. 97 

Independent and Auxiliary Gas Company. Pending. 

Inter-Urban Amusement Company. Enjoined. 

International Railway Appliance Company. Pending. 

International Royal Phone Company. Return filed and informa- 
tion dismissed. 

International Stock and Bond Company. Enjoined. 

Interstate Hat Company. Enjoined. 

J. B. Cook Piano Company. Return filed and information dis- 
missed. 

J. C. Cowles Company. Return filed and information dismissed. 

J. H. Butler Lumber Company. Return filed and information 
dismissed. 

J. H. Dalton Company. Return filed and information dismissed. 

J. H. Sears Company. Enjoined. 

J. J. Kennedy Liquor Company. Enjoined. 

J. J. Whittier & Co., Incorporated. Enjoined. 

J. V. Kimball Company. Enjoined. 

J. W. Jordan Company. Return filed and information dismissed. 

J. W. Taylor iManufacturing Company. Enjoined. 

Jamaica Printing Company. Return filed and information dis- 
missed. 

Jamaican Product Company. Enjoined. 

James «& Abbott Company. Return filed and information dis- 
missed. 

Jarutli Manufacturing Company. Enjoined. 

Jenkins-Phipps Company. Return filed and information dis- 
missed. 

John Boyd Company. Return filed and information dismissed. 

John S. Fogg Company. Pending. 

John W. Dickinson Company. Pending. -' 

Johnsonia Silver Company. Unable to get service. 

Jordan Paper Company. Return filed and information dismissed. 

Joseph Ross Corporation. Return filed and information dis- 
missed. 

Josiah Webb & Co., Limited. Return filed and information dis- 
missed. 

Karl Digestible Rusk Company. Enjoined. 

Karnak Chemical Company. Return filed and information dis- 
missed. 

Kendall Building Company. Enjoined. 

Kendall-Tailors, Incorporated. Enjoined. 

Kilton Electric Company. Enjoined. 

Klien Carriage Manufacturing Company. Pending. 



98 ATTORNEY-GENERAL'S REPORT. [Jan. 

Kress Brothers Carriage Company. Return filed and information 
dismissed. 

L. E. Boyden Company. Information dismissed. 

Lamb Eye Shield Company. Return filed and information dis- 
missed. 

Landlord's Protective Agency, Incorporated. Enjoined. 

Larora Manufacturing Company. Pending. 

Larsson Whip Company. Return filed and information dismissed. 

Lawrence Coal Company. Information dismissed. 

Lawrence Produce Company. Return filed and information dis- 
missed. 

Lead-lined Iron Pipe Company. Pending. 

Lever Suspension Brake Company. Return filed and information 
dismissed. 

Lever Suspension Brake Company. Pending. 

Libby Lumber and Building Company. Information dismissed. 

Lou Dillon Veterinary Remedy Company. Return filed and in- 
formation dismissed. 

Lou Dillon Veterinary Remedy Company. Pending. 

Lowell Model Company. Enjoined. 

Lubron Manufacturing Company, Incorporated. Enjoined. 

Lijnn Shoe Company. Return filed and information dismissed. 

Lynn Shoe INIanufacturers Association, Incorporated. Return 
filed and information dismissed. 

M. C. Plummer Company. Enjoined. 

M. L. Hiller & Sons. Return filed and information dismissed. 

M. R. Ward Company. Enjoined. 

McBarron Company. Return filed and information dismissed. 

McLean Manufacturing Company. Information dismissed. 

Magic Clasp Garter Company. Return filed and information dis- 
missed. 

Magmul Mirror Company. Enjoined. 

Malteaux Company. Return filed and information dismissed. 

Mansfield Furnace and Coal Company. Return filed and infor- 
mation dismissed. 

Marblehead Gas and Electric Light Company. Pending. 

Marine Life-saving Device Company. Pending. 

Market Fruit and Cotton Company. Pending. 

Marlier Publishing Company. Return filed and information dis- 
missed. 

Marsh Press Company. Enjoined. 

Martin Shoe Machinery Company. Return filed and information 
dismissed. 



1907.] PUBLIC DOCUMENT — No. 12. 99 

Massachusetts Electrical Exhibition Company. Information dis- 
missed. 

Massachusetts Exploitation and Securities Company. Enjoined. 

Massachusetts Glove Company. Enjoined. 

Massachusetts Stone Company. Enjoined. 

Meade Roofing and Cornice Company. Return filed and infor- 
mation dismissed. 

Mechanical Co-operative Company. Enjoined. 

Mercantile Law and Collection Company. Return filed and in- 
formation dismissed. 

Merchants Advertising Coupon Company. Enjoined. 

Merrill Manufacturing Company. Enjoined. 

Middlesex Construction Company. Unable to get service. 

Milford Quarry Company. Enjoined. 

Mining Development Company. Enjoined. 

Misses Glantzberg, Incorporated. Return filed and information 
dismissed. 

Mollins Veterinary Remedy and Food Company. Pending. 

Montague Co-operative Creamery x\ssociation. Return filed and 
information dismissed. 

Morrill Leather Company. Return filed and information dis- 
missed. 

Morrison Shoe Company. Enjoined. 

Morse Motor Vehicle Company. Information dismissed. 

Motor Amusement Company. Enjoined. 

Mt. Cardigan Lumber Company. Return filed and information 
dismissed. 

Mt. Pleasant Quarry Company. Return filed and information 
dismissed. 

Multiplex Automatic Advertiser Company. Enjoined. 

Munkley & Co., Incorporated. Pending. 

Munro & Knight Machine Screw Company. Enjoined. 

Munroe Engine Company. Enjoined. 

Murphy Boot and Shoe Company. Return filed and information 
dismissed. 

Mutual iVdjustment Company. Enjoined. 

Mystic Publishing Company. Return filed and information dis- 
missed. 

N. P. Sackett Company. Enjoined. 

National Club Woman's Corporation. Enjoined. 

National Plunger Elevator Company. Return filed and informa- 
tion dismissed. 



100 ATTORNEY-GENERAL'S REPORT. [Jan. 

National Service Company. Enjoined. 

National Telephone Tablet Holder Company. Enjoined. 

National Wrapping Paper Company. Return filed and information 
dismissed. 

Nehokist Manufacturing Company. Enjoined. 

Neponset Rubber Company. Enjoined. 

Nernst Lamp Company. Pending. 

Nesmith Shoe Company. Return filed and information dismissed. 

Nevada Development. Enjoined. 

New Bedford Granite Company. Enjoined. 

New England and Clifton Copper Company of Arizona. Infor- 
mation dismissed. 

New England Cereal Company. Unable to get service. 

New England Cold Storage and Warehouse Company. Return 
filed and information dismissed. 

New England Co-operative Company. Unable to get service. 

New England Electric Trades Association. Enjoined. 

New England Granite Company. Return filed and information 
dismissed. 

New England Hotel Company. Enjoined. 

New England Lubricator Company. Pending. 

New England Resort Bureau, Incorporated. Enjoined. 

New England Roller Grate Company. Return filed and informa- 
tion dismissed. 

New Era Machinery Company. Information dismissed. 

New Magnolia Hotel Company. Pteturn filed and information 
dismissed. 

New Marshall Engine Company. Return filed and information 
dismissed. 

New-Massachusetts Loan Company, Limited. Return filed and 
information dismissed. 

Newbur^^ort Fair Association. Return filed and information dis- 
missed. 

Newspaper Artists' Association and Books and Magazine Illus- 
trators' Society. Enjoined. 

Newton Crane Gas Engine Company. Enjoined. 

Nickerson & Buchanan Company. Enjoined. 

Norfolk Linen Company. Pending. 

North Eastern Lumber Company. Pending. 

O. P. Blomquist Company. Return filed and information dis- 
missed. 

O-So-Ezy Manufacturing Company. Enjoined. 

Old Colony Seam-Face Granite Company. Enjoined. 



1907.] PUBLIC DOCUMENT — No. 12. 101 

Old South Print, Incorporated. Enjoined. 

Otis Fibre Board Company. Enjoined. 

Otter River Telephone Company. Information dismissed. 

Outfitters Credit Company. Enjoined. 

Ox-O-Tonic Company. Pending. 

P. Garvin, Incorporated. Return filed and information dismissed. 

Page Stearns Drop Forge Company. Return filed and informa- 
tion dismissed. 

Palami Company. Pending. 

Park Villa Farm Company. Enjoined. 

Parsons Manufacturing Company. Return filed and information 
dismissed. 

Paul N. Raymond Company. Enjoined. 

Paymaster Mining Company. Enjoined. 

Peabody Candy Company. Return filed and information dis- 
missed. 

Peplett Dyspepsia Cure Company. Return filed and information 
dismissed. 

Phillips Flushing Tank Company. Return filed and information 
dismissed. 

Phillipston Trap Rock Company. Return filed and information 
dismissed. 

Phoenix Grocery and Provision Company. Enjoined. 

Phoenix Leather Goods Company. Enjoined. 

Phoenix Pharmacy. Enjoined. 

Pilgrim Foundry Company. Return filed and information dis- 
missed. 

Pioneer Lynn Mining Company. Information dismissed. 

Pitt & Scott, Limited. Information dismissed. 

Place Box Company. Pending. 

Poland Paper Company. Return filed and information dismissed. 

Porter Livery Company. Return filed and information dismissed. 

Prentiss Tool and Supply Company. Return filed and informa- 
tion dismissed. 

Public Stock and Grain Company. Return filed and information 
dismissed. 

Pure Food Company. Enjoined. 

Puritan Construction Company. Return filed and information 
dismissed. 

R. Farland & Sons Company. Return filed and information dis- 
missed. 

Ralph P. Hoagland Drug Company. Information dismissed. 

Real Estate Mortgage Company. Enjoined. 



102 ATTORNEY-GENERAL'S REPORT. [Jan. 

Realty Development Corporation. Enjoined. 

Refilled Electric Lamp and Supply Company. Enjoined. 

Revere Steeplechase and Amusement Company. Enjoined. 

Revolution Laundry Machinery Company. Enjoined. 

Re}Tiolds Machine Company. Enjoined. 

Rhode Island Worsted Company. Return filed and information 
dismissed. 

Richmond Group Gold Mines Company. Enjoined. 

Rivett Dock Company. Return filed and information dismissed. 

Robinson-Brockway Company. Return filed and information dis- 
missed. 

Robinson-Brockway Company. Pending. 

Robinson Tailoring Company. Enjoined. 

Roessler & Hasslacher Chemical Company. Information dis- 
missed. 

Rogers Automobile Company. Information dismissed. 

Roller Bar Door Closer Company. Pending. 

Rossiter, McGovern & Co. Enjoined. 

Rotary Motor Vehicle Company. Enjoined. 

Royal Harness Dressing Company. Enjoined. 

Rubberhide Company. Return filed and information dismissed. 

Rubon Manufacturing and Supply Company. Return filed and 
information dismissed. 

Rugby Pharmaceutical Company. Enjoined. 

S. D. Munro Company. Enjoined. 

S. H. Hellen, Incorporated. Pending. 

Sage's Trunk Depot. Return filed and information dismissed. 

Salem Heating and Metal Company. Enjoined. 

Sandow's American Institute, Incorporated. Enjoined. 

Sanitary Manufacturing Company. Information dismissed. 

Sanitary Reduction and Construction Company. Enjoined. 

Sayman's Remedy Company. Enjoined. 

Schipper Brothers Coal Mining Company, Incorporated. Return 
filed and information dismissed. 

Semiwater-tube Boiler Company. Information dismissed. 

Shafer & Green Company. Enjoined. 

Shawmut Paper Manufacturing Company. Enjoined. 

Sheffield Light and Power Company. Enjoined. 

Sheldon Brothers Company. Return filed and information dis- 
missed. 

Simms & Co., Incorporated. Return filed and information dis- 
missed. 

Simplex Engine Company. Enjoined. 



1907.] PUBLIC DOCUMENT — No. 12. 103 

Skalon Whip Company. Return filed and information dis- 
missed. 

Smith Premier Typewriter Company. Return filed and informa- 
tion dismissed. 

Solomon Drug Company. Enjoined. 

South Bay Transportation Company. Enjoined. 

Sovereigns Co-operative Association of Webster, Mass. Enjoined. 

Springfield Steam Power Company. Return filed and information 
dismissed. 

Standard Butter Company. Return filed and information dis- 
missed. 

Standard Chemical Company. Return filed and information dis- 
missed. 

Standard Commercial Company. Enjoined. 

Standard Indicator Company. Return filed and information dis- 
missed. 

Standard Lumber Company. Enjoined. 

Stanley Instrument Company. Return filed and information dis- 
missed. 

Staso Company. Return filed and information dismissed. 

State Deposit and Loan Company. Pending. 

Stirling Mills. Return filed and information dismissed. 

Stone Ville Company. Return filed and information dismissed. 

Stopford & Dodge Company. Return filed and information dis- 
missed. 

Suffolk Chemical Company. Enjoined. 

Sunderland Electric Light and Powder Company. Return filed and 
information dismissed. 

Sunnyside Mining Company. Pending. 

Suspension Transportation Company. Return filed and informa- 
tion dismissed. 

Svea Construction Company. Pending. 

Swithin Brothers Granite Company. Return filed and informa- 
tion dismissed. 

Textile Machinery Specialty Company. Enjoined. 

Thomas J. Young Company. Return filed and information dis- 
missed. 

Thomas O'Callaghan Company. Return filed and information 
dismissed. 

Times Corporation. Enjoined. 

Tres Hermanas Gold Mining Company. Enjoined. 

Trimount Rotary Power Company. Return filed and information 
dismissed. 



104 ATTORNEY-GENERAL'S REPORT. [Jan. 

Twentieth Century Amusement Company. Information dis- 
missed. 

U. S. Poultry, Egg and Squab Company. Enjoined. 

Union Desk Company. Return filed and information dismissed. 

Union Investment Company. Return filed and information dis- 
missed. 

Union Sales Company. Pending. , 

Union Tool Company. Return filed and information dismissed. 

Union Waxed and Parchment Paper Company. Information dis- 
missed. 

United Securities Company. Information dismissed. 

United States Appraisal Company. Return filed and information 
dismissed. 

United States Credit Company. Enjoined. 

United States Garbage Reduction Company. Enjoined. 

United States Translucent Company. Enjoined. 

United Supply and Machinery Company. Return filed and infor- 
mation dismissed. 

Universal Electric Corporation. Enjoined. 

Universal Marine Company. Return filed and information dis- 
missed. 

Up-to-date Manufacturing Company. Return filed and informa- 
tion dismissed. 

Utah Apex Mining Company. Return filed and information dis- 
missed. 

Videx Automobile Company. Enjoined. 

Vista Hermosa Company. Return filed and information dis- 
missed. 

Vocalion Organ Company. Return filed and information dis- 
missed. 

W. D. Parlin Hardware Company. Enjoined. 

W. H. Blake Steam Pump Company. Enjoined. 

W. H. Glover Company. Return filed and information dismissed. 

W. K. Niver Coal Company. Return filed and information dis- 
missed. 

W. L. Davis, Incorporated. Enjoined. 

W. M. Burt Company. Pending. 

W. S. Rendle Company. Enjoined. 

Wakefield Manufacturing Company. Return filed and informa- 
tion dismissed. 

Walcott-Cameron Company. Return filed and information dis- 
missed. 



1907.] PUBLIC DOCUMENT — No. 12. 105 

Walker Extract Company. Return filed and information dis- 
missed. 

Walter S. Washburn Company. Information dismissed. 

Waltham Co-operative Furniture Company. Return filed and in- 
formation dismissed. 

Waltham Mercantile Company. Enjoined. 

Warner Motor Company. Return filed and information dismissed. 

Watertown Worsted Company. Pending. 

Weber Leather Company. Return filed and information dismissed. 

Weber Leather Company. Pending. 

West India Company. Information dismissed. 

White-Dunham Shoe Company. Return filed and information 
dismissed. 

William T. True Company. Enjoined. 

Winchell Company. Return filed and information dismissed. 

Worcester Novelty Company. Enjoined. 

Xylite Lubricating Company. Return filed and information dis- 
missed. 

(6) For failure of foreign corporations to file first papers re- 
quired by St. 1903, c. 437, §§ 58, 60, informations were brought 
against — 

American Architect Company. Pending. 

Henry A. Kessell Company. Papers filed and information dis- 
missed. 

Howe Manufacturing Company. Papers filed and information 
dismissed. 

International Automobile and Vehicle Tire Company. Papers 
filed and information dismissed. 

Lutz & Schram Company. Papers filed and information dis- 
missed. 

National Electrolytic Reduction Company. Information dis- 
missed. 

New England Drug Company. Papers filed and information dis- 
missed. 

Nonpareil Art Novelty Company. Enjoined. 



106 ATTORNEY-GENERAL'S REPORT. [Jan. 



4. At the Relation of the Civil Service Commissioners. 

Douglass, John J., Attorney-General ex rel. v. Information in 
the nature of quo warranto to try respondent's title to office of 
deputy superintendent of ferries in the city of Boston. Re- 
served for consideration of full court. Pending. 

5. At the Relation of Private Persons. 

Attorney-General ex rel. v. Philander Bates. Information in the 
nature of quo warranto to try the title of the respondent's 
title to the office of selectman of Cohasset. Use of name 
granted. Pending. 

Attorney-General v. Francis A. Campbell. Information in the 
nature of quo warranto to try the respondent's title to the 
office of clerk of the Superior Court for the county of Suffolk. 
Disposed of. 

Attorney-General ex rel. v. Fiskdale Mills. Petition for an in- 
junction to restrain the respondent from interfering with the 
waters of Alum Pond, a great pond. Pending. 

Attorney-General ex rel. Samuel E. Hull et als., Selectmen of Mill- 
bury, V. Washburn & Moen Manufacturing Company. In- 
formation in the nature of quo loarranto to abate a nuisance. 
Pending, 

Attorney-General ex rel. v. Old Colony Street Railway Company. 
Petition for use of name of Attorney-General to restrain the 
respondent corporation from laying tracks in certain streets 
in Taunton. Use of name granted. Pending. 

Attorney- General v. Onset Bay Grove Association. Information 
in the nature of quo ivarranto to abate a public nuisance. 
Referred to Warren A. Reed, auditor. Pending. 

Attorney-General ex rel. v. Joseph M. Reed. Information in the 
nature of quo warranto filed in the Supreme Judicial Court 
for the county of Essex to try the respondent's title to the 
office of school committeeman in the town of Rockport. Use 
of name granted. Pending. 

Attorney-General ex rel. i\ Vineyard Grove Company. Petition 
for use of name in an information for an injunction restrain- 
ing the said company from an alleged interference with the 
rights of the public in a sea beach, and ordering the removal 
of structures causing such alleged interference. Henry S. 
Dewey appointed master. Pending. 



1907.] PUBLIC DOCUMENT — No. 12. 107 

Attorney-General ex rel. Pettingell- Andrews Company et als, v. 
Boston and New England Sanitary Product Company. In- 
formation in equity to abate a nuisance caused by maintenance 
of a garbage plant on Atlantic iVvenue, Boston. Use of name 
granted. Pending. 

Attorney-General v. Frank B. Stratton et al. Information in the 
nature of quo warranto to oust the respondents from their 
office as members of the board of health of the town of Swamp- 
scott. Use of name granted. Pending. 

6. Applications refused and otherwise disposed of. 
National Dock Trust, Attorney-General v. Information in nature 
of quo warranto to test right of corporation to lay tracks in 
East Boston. Use of name denied. 



108 ATTORNEY-GENERAL'S REPORT. [Jan. 



GEADE CROSSINGS. 



Notices have been served upon this department of the filing of 
the following petitions for the appointment of special commis- 
sioners for the abolition of grade crossings : — 

Barnstable County. 

Barnstable, Selectmen of, petitioners. Petition for abolition of 
County Road, Pond Village, crossing. Pending. 

Bourne, Selectmen of, petitioners. Petition for the abolition of 
Collins and Handy crossings. Louis A. Frothingham, Henry 
L. Parker, Jr., and L\Tnan P. Thomas, appointed commis- 
sioners. Commissioners' report filed. Arthur W. DeGoosh 
appointed auditor. Pending. 

Berkshire County. 

Adams. Hoosac Valley Street Railway Company, petitioners. 
Petition for abolition of Commercial Street crossing in Adams. 
George W. Wiggin, W. W. McClench and Edmund K. Turner 
appointed commissioners. Commissioners' report filed. Pend- 
ing. 

Great Barrington, Selectmen of, petitioners. Petition for the 
abolition of a grade crossing in the village of Housatonic in 
said town. John J. Flaherty, Edmund K. Turner and Stephen 
S. Taft appointed commissioners. Commissioners' report 
filed. Frank N. Nay appointed auditor. Pending. 

Lee, Selectmen of, petitioners. Petition for abolition of Langdon's 
crossing in Lee. Wade Keyes, Thomas W. Kennefick and 
Luther Dean appointed commissioners. Commissioners' 
report filed. Fred E. Jones appointed auditor. Auditor's 
first report filed. Pending. 

Lenox, Selectmen of, petitioners. Petition for abolition of grade 
crossings in Lenox. Fred Joy, Louis A. Frothingham and 
Edmund K. Turner appointed commissioners. Commis- 
sioners' report filed. J. Mott Hallowell appointed auditor. 
Auditor's first report filed. Pending. 



1907.] PUBLIC DOCUMENT — No. 12. 1U9 

North Adams. Hoosac Valley Street Railway Company, peti- 
tioners. Petition for abolition of Main Street crossing, known 
as Braytonville crossing, in North Adams. Edmund K. 
Turner, W. W. McClench and Joseph P. Magenis appointed 
commissioners. Commissioners' report filed. Pending. 

Pittsfield, Mayor and Aldermen of, and Directors of Boston &z 
Albany Railroad Company, petitioners. Petition for the 
abolition of Hubbard and Gates avenues and Jason Sireet 
crossings in Pittsfield. Thomas W. Kennefick, William Sulli- 
van and Charles M. Ludden appointed commissioners. Com- 
missioners' report filed. Patrick J. Ashe appointed auditor. 
Auditor's first report filed. Pending. 

Pittsfield, Mayor and Aldermen of, petitioners. Petition for aboli- 
tion of Merrill crossing in Pittsfield. Thomas W. Kennefick, 
Frederick L. Green and Edmund K. Turner appointed com- 
missioners. Pending. 

Pittsfield, Mayor and Aldermen of, petitioners. Petition for 
abolition of Holmes Road crossing. William W. McClench, 
Charles N. Clark and Edmund K. Turner appointed com- 
missioners. Commissioners' report filed. Fred E. Jones ap- 
pointed auditor. Auditor's second report filed. Pending. 

Stockbridge, Selectmen of, petitioners. Petition for the abolition 
of "River Road" crossing in Stockbridge. J. B. Carroll, E. 
B. Bishop and Luther Dean appointed commissioners. Com- 
missioners' report filed. Wade Keyes appointed auditor. 
Auditor's first report filed. Pending. 

Williamstown. Hoosac Valley Street Railway Company, peti- 
tioners. Petition for the abolition of a grade crossing in 
Williamstown, near the Fitchburg Railroad station. Edmund 
K. Turner, W. W. McClench and Charles N. Clark appointed 
commissioners. Commissioners' report filed. Pending. 

Bristol County. 

Attleborough. Directors of Old Colony Railroad, petitioners. 
Petition for abolition of South Main Street crossing in Attle- 
borough. George W. Wiggin, A. P. Martin and C. A. iillen 
appointed commissioners. Commissioners' report filed. C. 
H. Cooper appointed auditor. Auditor's third report filed. 
Pending. 

Attleborough, Selectmen of, petitioners. Petition for abolition of 
West Street, North Main Street and other crossings in Attle- 
borough. James R. Dunbar, H. L. Parker and William 



110 ATTORNEY-GENERAL'S REPORT. [Jan. 

Jackson appointed commissioners. Commissioners' report 
filed. Chas. P. Searle appointed auditor. Auditor's third 
report filed. Pending. 

Easton. Directors of New York, New Haven & Hartford Rail- 
road Company, petitioners. Petition for abolition of crossing 
at Eastondale. James E. Cotter, Wm. Rankin and Chas. D. 
Bray appointed commissioners. Fred Joy appointed auditor. 
Auditor's fourth report filed. Pending. 

Fall River, Mayor and Aldermen of, petitioners. Petition for 
abolition of Brownell Street crossing and other crossings in 
Fall River. John Q. A. Brackett, Samuel N. Aldrich and 
Charles A. Allen appointed commissioners. Commissioners' 
report filed. Fred E. Jones appointed auditor. Auditors' 
eighteenth report filed. Pending. 

Mansfield. Directors of New York, New Haven & Hartford Rail- 
road Company, petitioners. Petition for abolition of grade 
crossing at North INIain, Chauncey, Central, West, School 
and Elm streets in Mansfield. Pending. 

New Bedford, Mayor and Aldermen of, petitioners. Petition for 
abolition of certain grade crossings in New Bedford. George 
F. Richardson, Horatio G. Herrick and Wm. Wheeler ap- 
pointed commissioners. Commissioners' report filed. Fred 
E. Jones appointed auditor. Auditor's first report filed. 
Pending. 

Taunton, Mayor and Aldermen of, petitioners. Petition for aboli- 
tion of grade crossings in Taunton. William B. French, A. C. 
Southworth and Edward B. Bishop appointed commissioners. 
Commissioners' report filed. Fred E. Jones appointed auditor. 
Auditor's first report filed. Pending. 

Essex County. 

Haverhill, Mayor and Aldermen of, petitioners. Petition for aboli- 
tion of Washington Street and other crossings in Haverhill. 
George W. Wiggin, William B. French and Edmund K. 
Turner appointed commissioners. Commissioners' report 
filed. Fred E. Jones appointed auditor. Auditor's sixth re- 
port filed. Pending. 

Ipswich. Boston & Maine Railroad Company, petitioners. Peti- 
tion for abolition of Locust Street crossing in Ipswich. George 
W. Wiggin, E. K. Turner and William F. Dana appointed 
commissioners. Commissioners' report filed. Fred E. Jones 
appointed auditor. Pending. 



1907.] PUBLIC DOCUMENT — No. 12. Ill 

Ipswich, Selectmen of, petitioners. Petition for abolition of High 
Street crossing. Geo. W. Wiggin, Edmund K. Turner and 
William F. Dana appointed commissioners. Pending. 

Ipswich. Directors of Boston & Maine Railroad Company, peti- 
tioners. Petition for abolition of Underbill crossing" in Ipswich. 
George W. Wiggin, A. D. Bosson and Edmund K. Turner 
appointed commissioners. Commissioners' report filed. Fred 
E. Jones appointed auditor. Auditor's first report filed. 
Pending. 

Lynn, Mayor and Aldermen of, petitioners. Petition for abolition 
of Summer Street and other crossings on Saugus branch of 
Boston & Maine Railroad and Market Street and other cross- 
ings on main line. George W. Wiggin, Edgar R. Champlin 
and Edmund K. Turner appointed commissioners. Pending. 

Manchester. Directors of Boston & Maine Railroad Company, 
petitioners. Petition for the abolition of the Summer Street 
crossing in Manchester. George P. Sanger, Edward B. Bishop 
and Chas. A. Putnam appointed commissioners. Commis- 
sioners' report filed. Andrew Fiske appointed auditor. Audi- 
tor's first report filed. Pending. 

Salem, Mayor and Aldermen of, petitioners. Petition for the 
abolition of grade crossings at Bridge, W^ashington, Mill, 
North, Flint and Grove streets in Salem. Pending. 

Salem, Mayor and Aldermen of, petitioners. Petition for aboli- 
tion of Lafayette Street crossing in Salem. Pending. 

Franklin Coujity. 

Deerfield, Selectmen of, petitioners. Petition for abolition of 
Sprouts crossing on Main Street, Deerfield. Timothy G. 
Spaulding, Edmund K. Turner and Franklin T. Hammond 
appointed commissioners. Commissioners' report filed. Henry 
P. Field appointed auditor. Auditor's first report filed. 
Pending. 

Deerfield. Directors of the Fitchburg Railroad Company, peti- 
tioners. Petition for abolition of McClellan crossing at East 
Deerfield. Alpheus Sanford, Edmund K. Turner and Walter 
Perley Hall appointed commissioners. Commissioners' report 
filed. George P. O'Donnell appointed auditor. Pending. 

Greenfield, Selectmen of, petitioners. Petition for the abolition 
of Allen and Russell streets crossings in Greenfield. Edmund 
K. Turner, Walter P. Hall and Fred D. Stanley appointed 
commissioners. Stephen S. Taft appointed auditor Pending. 



112 ATTOKNEY-GENERAL'S REPORT. [Jan, 

Northfield, Selectmen of, petitioners. Petition for abolition of 

crossing on road to South Vernon. E. K. Turner, Charles W. 

Hazelton and Charles H. Innes appointed commissioners. 

Pending. 
Northfield, Selectmen of, petitioners. Petition for abolition of 

River Street crossing in Northfield. Alpheus Sanford, Charles 

W. Hazelton and Newell D. Winter appointed commissioners. 

Commissioners' report filed. Dana Malone appointed auditor. 

Auditor's first and supplemental reports filed. Pending. 

Hampden County. 

Chester, Selectmen of, and Directors of Boston & Albany Rail- 
road Company, petitioners. Petition for abolition of Hunting- 
ton Road in Chester. Charles E. Hibbard, William Sullivan 
and Wm. P. Martin appointed commissioners. Commission- 
ers' report filed. Ralph W. Ellis appointed auditor. Audi- 
tor's first report filed. Pending. 

Chester, Selectmen of, and Directors of Boston & Albany Rail- 
road Company, petitioners. Petition for abolition of Hunting- 
ton Street and White Chop crossing in Chester. Charles E. 
Hibbard, William Sullivan and William P. Martin appointed 
commissioners. Thos. W. Kennefick appointed auditor. 
Auditor's first and supplemental reports filed. Pending. 

Chicopee, Mayor and Aldermen of, petitioners. Petition for abo- 
lition of Plainfield and Exchange Street crossings and other 
crossings in Chicopee. Geo. W. Wiggin, Edmimd K. Turner 
and Fred D. Stanley appointed commissioners. Commis- 
sioners' report filed. Timothy G. Spaulding appointed auditor. 
Auditor's fourth report filed. Pending. 

Palmer, Selectmen of, petitioners. Petition for abolition of Palmer 
and Belchertown Road crossing in Palmer. T. M. Brown, 
Chas. E. Hibbard and Henry G. Taft appointed commis- 
sioners. Commissioners' report filed. Stephen S. Taft ap- 
pointed auditor. Auditor's first report filed. Pending. 

Palmer, Selectmen of, petitioners. Petition for abolition of Bur- 
ley's crossing in Palmer. Pending. 

Palmer, Selectmen of, petitioners. Petition for abolition of Spring- 
field Road crossing, otherwise known as the Wire Mill cross- 
ing, in Palmer. William Turtle, Frederick L. Greene and 
John W. Mason appointed commissioners. Commissioners' 
report filed. Pending. 

Springfield, Mayor and Aldermen of, petitioners. Petition for 
abolition of Bay State Road and other crossings in Spring- 



1907.] PUBLIC DOCUMENT — Xo. 12. 113 

field. George W. Richardson, Marshall Wilcox and George 
W. Wiggin appointed commissioners. Commissioners' re- 
port filed. Charles W. Bosworth appointed auditor. Audi- 
tor's first report filed. Pending. 

Springfield, Mayor and Aldermen of, petitioners. Petition for 
abolition of Pasco Road crossing in S})ringfield. Joseph 
Bennett, Samuel M. Cook and appointed com- 
missioners. Commissioners' report filed. L. E. Hitchcock 
appointed auditor. Auditor's first report filed. Pending. 

Springfield, Mayor and Aldermen of, petitioners. Petition for 

abolition of South End Bridge crossing in Springfield. 

, and George F. Swain appointed commis- 
sioners. Commissioners' report filed. Fred E. Jones ap- 
pointed auditor. Auditor's second report filed. Pending. 

Westfield, Selectmen of, petitioners. Petition for raising of bridge 
over Elm Street in Westfield. Thomas W. Proctor, John B. 
O'Donnell and Edmund K. Turner appointed commissioners. 
Commissioners' report filed. J. Mott Hallowell appointed 
auditor. Auditor's first report filed. Pending. 

Westfield, Selectmen of, petitioners. Petition for raising bridge 
over North Elm Street in Westfield. Geo. W. Wiggin, Fred- 
erick L. Greene and Edmund K. Turner appointed commis- 
sioners. Commissioners' report filed. Pending. 

Westfield, Selectmen of, petitioners. Petition for the abolition of 
North Elm Street crossing in W^estfield. Charles E. Hibbard, 
Joseph Bennett and George W. Wiggin appointed commis- 
sioners. Commissioners' report filed. Ralph W. Ellis ap- 
pointed auditor. Auditor's first report filed. Pending. 

Westfield. Boston & Albany Railroad Company, petitioners. 
Petition for abolition of Coburn's and Morse's crossings in 
Westfield. Charles M. Ludden, William Sullivan and Richard 
W. Irwin appointed commissioners. Commissioners' report 
filed. Ralph W\ Ellis appointed auditor. Auditor's first 
report filed. Pending. 

Hampshire County. 

Belchertown, Selectmen of, petitioners. Petition for abolition of 
Holyoke Road crossing in Belchertown. George W. Wiggin, 
Fred D. Stanley and Edmund K. Turner appointed com- 
missioners. Commissioners' report filed. Stephen S. Taft 
appointed auditor. Auditor's second report filed. Pending. 

Belchertown, Selectmen of, petitioners. Petition for the aboli- 
tion of Le^che's crossing in Belchertown. Augustus W, 



114 ATTORNEY-GENERAL'S REPORT. [Jan. 

Locke, George W. Johnson and Joseph Bennett appointed 
commissioners. Commissioners' report filed. William H. 
Clapp appointed auditor.. Auditor's report filed. Pending. 

Northampton, Mayor and Aldermen of, petitioners. Petition for 
abolition of Grove Street and Earl Street crossings in North- 
ampton. Frederick L. Greene, S. S. Taft and James M. 
Sickman appointed commissioners. Commissioners' report 
filed. William P. Hayes appointed auditor. Auditor's first 
report filed. Pending. 

Northampton. Directors of Connecticut River Railroad Com- 
pany, petitioners. Petition for abolition of L}Tnan's cross- 
ing in Northampton. George W. Wiggin, Fred D. Stanley 
and Edmund K. Turner appointed commissioners. Com- 
missioners' report filed. L. E. Hitchcock appointed auditor. 
Auditor's third report filed. Pending. 

Northampton, Mayor and Aldermen of, petitioners. Petition for 
abolition of Laurel Park station crossing in Northampton. 
George W. Wiggin, Fred D. Stanley and Edmund K. Turner 
appointed commissioners. Commissioners' report filed. Arthur 
S. Kneil appointed auditor. Auditor's first report filed. Pend- 
ing. 

Ware, Selectmen of, petitioners. Petition for abolition of Gibbs 
crossing in Ware. George F. Tucker, George F. Kimball 
and Lawson Sibley appointed commissioners. Commission- 
ers' report filed. John W. INIason appointed auditor. Pend- 
ing. 

Ware, Selectmen of, petitioners. Petition for abolition of Maple 
Street and Gilbertville Road crossings in Ware. Alpheus 
Sanford, Everett C. Bumpus and William W. McClench ap- 
pointed commissioners. Commissioners' report filed. John 
W. Mason appointed auditor. Auditor's first report filed. 
Pending. 

Middlesex Cou n ty . 

Acton, Selectmen of, petitioners. Petition for abolition of Great 
Road crossing in Acton. Benj. W. Wells, George Burrage 
and William B. Sullivan appointed commissioners. Pending. 

Acton, Selectmen of, petitioners. Petition for abolition of May- 
nard Road crossing in Acton. Edmund K. Turner, Edward 
F. Blodgett and Wade Keyes appointed commissioners. 
Commissioners' report filed. Pending. 

Arlington, Selectmen of, petitioners. Petition for abolition of 
Grove Street crossing and other crossings in Arlington. Alpheus 
Sanford, Edmund K. Turner and S. Everett Tinkham ap- 



1907.] PUBLIC DOCUMENT — No. 12. 115 

pointed commissioners. Commissioners' report filed. Fred 
Joy appointed auditor. Auditor's third report filed. Pending. 

Ayer, Selectmen of, petitioners. Petition for abolition of Main 
Street crossing in Ayer. S. K. Hamilton, Theodore C. Hurd 
and Edmund K. Turner appointed commissioners. Pending. 

Ayer, Selectmen of, petitioners. Petition for abolition of West 
Main and Park streets crossing in Ayer. Frank P. Goulding, 
Charles A. Allen and Anson D. Fessenden appointed com- 
missioners. Commissioners' report filed. Theodore C. Hurd 
appointed auditor. Auditor's second report filed. Pending. 

Belmont, Selectmen of, petitioners. Petition for abolition of 
Brighton Street, Concord Avenue and Trapelo Road cross- 
ings in Belmont. Pending. Theodore C. Hurd, Fred Joy 
and George F. Swain appointed commissioners. Pending. 

Cambridge. Directors of Boston & Maine Railroad Company, 
petitioners. Petition for abolition of Prison Point Street 
crossing in Cambridge. Henry S. iMilton, Edward B. Bishop 
and Henry G. Taft appointed commissioners. Commis- 
sioners' report filed. Theodore C. Hurd appointed auditor. 
Auditor's sixth report filed. Pending. 

Chelmsford, Selectmen of, petitioners. Petition for abolition of 
Princeton Street crossing in Chelmsford. Edmund K. Turner, 
Frederick W. Dallinger and Charles F. Worcester appointed 
commissioners. Commissioners' report filed. W. C. Dil- 
lingham appointed auditor. Pending. 

Concord, Selectmen of, petitioners. Petition for abolition of 
Oliver Rice crossing and Hosmer's crossing in Concord. 
Theodore C. Hurd, William Sullivan and Percy G. Bolster 
appointed commissioners. Commissioners' report filed. Henry 
L. Parker appointed auditor. Auditor's final report filed. 
Pending. 

Everett. Directors of Boston & Maine Railroad Company, peti- 
tioners. Petition for abolition of crossings at Broadway and 
Main Street in Everett. George W. Wlggin, Edmund K. 
Turner and Robert S. Gray appointed commissioners. Com- 
missioners' report filed. Fred E. Jones appointed auditor. 
Auditor's sixth report filed. Pending. 

Framingham, Selectmen of, petitioners. Petition for the aboli- 
tion of Concord Street crossing. 

Framingham, Selectmen of, petitioners. Petition for the abo- 
lition of Waverly Street crossing. 

Framingham, Selectmen of, petitioners. Petition for the abo- 
lition of Marble Street crossing. 



116 ATTORNEY-GENERAL'S REPORT. [Jan. 

Framingham, Selectmen of, petitioners. Petition for the abo- 
lition of Bishop Street crossing. 

Framingham, Selectmen of, petitioners. Petition for the abo- 
lition of Hollis and Waushakum streets crossings. 

Framingham, Selectmen of, petitioners. Petition for the abo- 
lition of Claflin Street crossing. 

Lexington, Selectmen of, petitioners. Petition for abolition of 
Grant Street crossing in Lexington. Alpheus Sanford, Ed- 
mund K. Turner and S. Everett Tinkham appointed com- 
missioners. Commissioners' report filed. Pending. 

Lowell, Mayor and Aldermen of, petitioners. Petition for abo- 
lition of Middlesex and Thorndike streets crossings. Pending. 

Lowell, Mayor and Aldermen of, petitioners. Petition for abo- 
lition of Boston Road and Plain Street crossings. Pending. 

Lowell, Mayor and Aldermen of, petitioners. Petition for abo- 
lition of School and Walker streets crossings. Pending. 

Lowell, Mayor and Aldermen of, petitioners. Petition for abo- 
lition of Lincoln Street crossing. Pending. 

Lowell, Mayor and Aldermen of, petitioners. Petition for abo- 
lition of Middlesex, Thorndike and Lincoln streets and Boston 
Road grade crossings. Pending. 

Lowell, Mayor and Aldermen of, petitioners. Petition for abo- 
lition of Pawtucket Street crossing and other crossings in 
Lowell. George W. Wiggin, John W. Ellis and Samuel L. 
Minot appointed commissioners. Commissioners' report 
filed. P. H. Cooney appointed auditor. Auditor's second 
report filed. Pending. 

Maiden. Directors of Boston & Maine Railroad Company, peti- 
tioners. Petition for abolition of Medford Street and other 
crossings in Maiden. Geo. W. Wiggin, Robert O. Harris 
and Edmund K. Turner appointed commissioners. Com- 
missioners' report filed. Fred E. Jones appointed auditor. 
Auditor's third report filed. Pending. 

Maiden, Mayor and Aldermen of, petitioners. Petition for abo- 
lition of Pleasant and Winter streets crossing in Maiden. 
George W. Wiggin, Edmund K. Turner and Fred Joy ap- 
pointed commissioners. Pending. 

Marlborough, Mayor and Aldermen of, petitioners. Petition for 
abolition of Hudson Street crossing in Marlborough. Walter 
Adams, Charles A. Allen and Alpheus Sanford appointed 
commissioners. Commissioners' report filed. Pending. 

Natick. Boston & Worcester Street Railway Company, petition- 
ers. Petition for alteration of Worcester Street crossing in 



1907.] PUBLIC DOCUMENT — No. 12. 117 

Natick. Geo. W. Wiggin, Edmund K. Turner and Larkin 
T. Trull appointed commissioners. Commissioners' report 
filed. Tlieo. C. Hurd appointed auditor. Auditor's second 
report filed. Pending. 

Natick. Directors of Boston & Albany Railroad Company, peti- 
tioners. Petition for abolition of Marion Street crossing 
and other crossings in Natick. George W. Wiggin, Larkin 
T. Trull and Joseph Bennett appointed commissioners. 
Commissioners' report filed. Theodore C. Hurd appointed 
auditor. Auditor's seventh and final report filed. 

Newton, Mayor and Aldermen of, petitioners. Petition for the 
abolition of Concord Street and Pine Grove Avenue cross- 
ings in Newton. George W. Wiggin, T. C. Mendenhall and 
Edmund K. Turner appointed commissioners. Pending. 

Newton, Mayor and Aldermen of, petitioners. Petition for aboli- 
tion of crossings on main line in Newton. Theo. C. Hurd ap- 
pointed auditor. Auditor's eleventh report filed. Pending. 

Newton, Mayor and Aldermen of, petitioners. Petition for the 
abolition of Glen Avenue and nine other crossings in New- 
ton. Geo. W. Wiggin, T. C. Mendenhall and Edmund K. 
Turner appointed commissioners. Commissioners' report 
filed. P. H. Cooney appointed auditor. x\uditor's eighth 
report filed. Pending. 

North Reading, Selectmen of, petitioners. Petition for aboli- 
tion of Main Street crossing in North Reading. Alpheus 
Sanford, George N. Poor and Louis M. Clark appointed 
commissioners. Report of commissioners filed. Pending. 

Somerville, Mayor and Aldermen of, petitioners. Petition for 
abolition of Park Street, Dane Street, Somerville Avenue 
and Medford Street crossings in Somerville. George W. 
Wiggin, George F. Swain and J. D. Colt appointed com- 
missioners. Pending. 

Wakefield, Selectmen of, petitioners. Petition for abolition of 
Hanson Street crossing in Wakefield. Pending. 

W^altham, Mayor and Aldermen of, petitioners. Petition for 
abolition of South Street crossing in Waltham. Geo. F. 
Swain, and Geo. A. Sanderson appointed com- 
missioners. Pending. 

Waltham, Mayor and Aldermen of, petitioners. Petition for abo- 
lition of Moody Street, Main Street, Elm Street, River Street, 
Pine Street, Newton Street and Calvary Street crossings in 
Waltham. , and George F. Swain ap- 
pointed commissioners. Pending. 



118 ATTORNEY-GENERAL'S REPORT. [Jan. 

Winchester, Selectmen of, petitioners. Petition for the aboH- 
tion of crossing at "Winchester station square. George W. 
Wiggin, George F. Swain and Arthur Lord appointed com- 
missioners. Pending. 

Norfolk County. 

Braintree, Selectmen of, petitioners. Petition for the abolition of 
the Pearl Street crossing at South Braintree. Pending. 

Braintree. Directors of New York, New Haven & Hartford Rail- 
road Company, petitioners. Petition for abolition of grade 
crossing at School, Elm, River and Union streets in Braintree. 
Pending. 

Brookline. Directors of Boston & Albany Railroad Company, 
petitioners. Petition for the abolition of Kerrigan Place 
crossing in Brookline. William Sullivan, Henry M. Hutchins 
and Wade Keyes appointed commissioners. Commissioners' 
report filed. Henry ]M. Hutchins appointed auditor. Pend- 
ing. 

Brookline and Boston. Directors of the Boston & Albany Rail- 
road Company, petitioners. Petition for the aboHtion of 
Reservoir Lane crossing in Boston and Brookline. Henry C. 
Mulligan, Charles T. Davis and Albert S. Apsey appointed 
commissioners. Commissioners' report filed. Pending. 

Canton. Directors of New York, New Haven & Hartford Railroad 
Company, petitioners. Petition for abolition of Dedham Road 
crossing in Canton. Pending. 

Dedham. Directors of New York, New Haven & Hartford Rail- 
road Company, petitioners. Petition for abolition of Green 
Lodge Street crossing in Dedham. Pending. 

Dedham. Directors of the Old Colony Railroad Company, peti- 
tioners. Petition for the abolition of River Street and Whit- 
ing Avenue crossings. Augustus P. ^Martin, Charles A. Allen 
and Fred Joy appointed commissioners. Commissioners' 
report filed. C. H. Cooper appointed auditor. Auditor's 
supplemental report filed. Pending. 

Dedham, Selectmen of, petitioners. Petition for the abolition of 
Eastern Avenue and Dwight Street crossings in Dedham. 
Alpheus Sanford, Charles Mills and J. Henry Reed appointed 
commissioners. Commissioners' report filed. Fred E. Jones 
appointed auditor. Pending. 

Dedham, Selectmen of, and Directors of New York, New Haven 
& Hartford Railroad Company, petitioners. Petitions for 



1907.] PUBLIC DOCUMENT — No. 12. 119 

abolition of East Street, Walnut Street and Vernon Street 
crossings in Dedham, consolidated with petitions to abolish 
Milton Street crossing in Hyde Park. Samuel N. Aldrich, 
E. B. Bishop and H. C. Southworth appointed commission- 
ers. Commissioners' report filed. Fred E. Jones appointed 
auditor. Auditor's thirteenth report filed. Pending. 

Foxborough. Directors of New York, New Haven & Hartford 
Railroad Company, petitioners. Petition for abolition | of 
grade crossing at Cohasset and Summer streets in Foxborough. 
Pending. 

Hyde Park and Dedham, consolidated petitions. See Dedham. 

Hyde Park, Selectmen of, petitioners. Petition for abolition of 
Fairmount Avenue and Bridge Street crossings in Hyde Park. 

B. B. Jones, E. K. Turner and Fred Joy appointed commis- 
sioners. Pending. 

Medway, Selectmen of, petitioners. Petition for abolition of 
Village Street crossing in Medway. Arthur Lyman, George 
D. Burrage and Alpheus Sanford appointed commissioners. 
Commissioners' report filed. Edmund H. Talbot appointed 
auditor. Auditor's second report filed. Pending. 

Needham, Selectmen of, petitioners. Petition for abolition of 
Charles River Street crossing in Needham. Pending. 

Norwood, Selectmen of, and Directors of New York, New Haven 
& Hartford Railroad Company, petitioners. Petition for 
abolition of Chapel Street, Washington Street and Guild 
Street crossings in Norwood. Henry A. Wyman, James F. 

C. Hyde and Charles E. C. Breck appointed commissioners. 
Commissioners' report filed. Albert A. Avery appointed 
auditor. Auditor's seventh report filed. Pending. 

Quincy. Directors of New York, New Haven & Hartford Rail- 
road Company, petitioners. Petition for abolition of Saville 
and Water streets crossings in Quincy. Pending. 

Sharon, Selectmen of, petitioners. Petition for abolition of Depot 
Street crossing in Sharon. William B. Durant, Fred Joy 
and Charles D. Bray appointed commissioners. Pending. 

Sharon. Directors of New York, New Haven & Hartford Rail- 
road Company, petitioners. Petition for abolition of grade 
crossing at Depot, Garden and IMohawk streets in Sharon. 
Pending. 

Walpole, Selectmen of, petitioners. Petition for abolition of Oak 
Street crossing and other crossings in Walpole. Dana Ma- 
lone, Edmund K. Turner and Henry A. Wyman appointed 



120 ATTOENEY-GENERAL'S REPORT. [Jan. 

commissioners. Commissioners' report filed. N. L. Sheldon 
appointed auditor. Auditor's third report filed. Pending. 
Westwood. Directors of New York, New Haven & Hartford 
Railroad Company, petitioners. Petition for abolition of 
Green Lodge Street crossing in Westwood. Pending. 

Plymouth County. 

Abington. Directors of New York, New Haven & Hartford 
Railroad Company, petitioners. Petition for abolition of 
Central Street crossing in Abington. Alpheus Sanford, 
Erastus Worthington, Jr., and Edward B. Bishop appointed 
commissioners. Commissioners' report filed. Fred E. Jones 
appointed auditor. Auditor's second report filed. Pending. 

Hin^ham. Directors of New York, New Haven & Hartford 
Railroad Company, petitioners. Petition for abolition of 
Rockland Street crossing in Hingham. Winfield S. Slocum, 
Alpheus Sanford and Henry C. Southworth appointed com- 
missioners. A. W. DeGoosh appointed auditor. Pending. 

Marshfield. Directors of New York, New Haven & Hartford 
Railroad Company, petitioners. Petition for abolition of 
crossing near Marshfield station. Alpheus Sanford, J. Albert 
Brackett and Frank T. Daniels appointed commissioners. 
Commissioners' report filed. Fred E. Jones appointed audi- 
tor. Auditor's first report filed. Pending. 

Middleborough, Selectmen of, petitioners. Petition for abolition 
of Centre Street, Grove Street and Main Street crossings in 
Middleborough. Alpheus Sanford, Edward B. Bishop and 
Samuel H. Hudson appointed commissioners. Commission- 
ers' report filed. Fred E. Jones appointed auditor. Auditor's 
sixth report filed. Pending. 

Scituate. Directors of New York, New Haven & Flartford Rail- 
road Company, petitioners. Petition for abolition of Water 
Street and Union Street crossings in Scituate. Arthur H. 
Wellman, Edmund K. Turner and Oscar A. Marden ap- 
pointed commissioners. Commissioners' report filed. Fred 
E. Jones appointed auditor. Auditor's third report filed. 
Pending. 

Suffolk County. 
Boston. Directors of Old Colony Railroad Company, petitioners. 
Petition for abolition of Tremont Street crossing in Boston. 
Samuel N. Aldrich, H. C. Southworth and Edward B. Bishop 



1907.] PUBLIC DOCUMENT — No. 12. 121 

appointed commissioners. Commissioners' report filed. Fred 
E. Jones appointed auditor. Auditor's twenty-first report 
filed. Pending. 

Boston, Mayor and Aldermen of, petitioners. Petition for aboli- 
tion of Dorchester Avenue crossing in Boston. F. N. Gillette, 
Charles S. Lilley and Charles Mills appointed commissioners. 
Commissioners' report filed. Fred Joy appointed auditor. 
Auditor's thirty-first report filed. Pending. 

Boston, Mayor and Aldermen of, petitioners. Petition for aboli- 
tion of Austin Street, Cambridge Street and Perkins Street 
crossings in Charlestown. Henry S. Milton, Edward B. 
Bishop and Henry G. Taft appointed commissioners. Com- 
missioners' report filed. Fred Joy appointed auditor. Audi- 
tor's eighth report filed. Pending. 

Boston, Mayor and Aldermen of, petitioners. Petition for aboli- 
tion of Freeport, Adams, Park and Mill streets and Dorchester 
Avenue crossings. James R. Dunbar, Samuel L. Powers and 
Thomas W. Proctor appointed commissioners. Pending. 

Boston, Mayor and Aldermen of, petitioners. Petition for aboli- 
tion of Congress Street crossing in Boston. George W. 
Wiggin, Edward B. Bishop and Charles A. Allen appointed 
commissioners. Commissioners' report filed. Fred E. Jones 
appointed auditor. Auditor's twenty-fifth report filed. Pend- 
ing. 

Boston. Directors of the New York, New Haven & Hartford 
Railroad Company, petitioners. Petition for the abolition 
of Walnut Street crossing in Dorchester. James R. Dunbar, 
Samuel L. Powers and Thomas W. Proctor appointed com- 
missioners. Pending. 

Boston. Directors of Old Colony Railroad Company, petitioners. 
Petition for abolition of Codman Street crossing in Boston. 
George W. Wiggin, Charles A. Allen and William M. Butler 
appointed commissioners. Commissioners' report filed. Henry 
S. Milton appointed auditor. Auditor's second report filed. 
Pending. 

Boston, Mayor and Aldermen of, petitioners. Petition for the 
abolition of the Essex Street crossing in Brighton. George 
W. Wiggin, William B. French and Winfield S. Slocum ap- 
pointed commissioners. Pending. 

Boston, Mayor and Aldermen of, petitioners. Petition for aboli- 
tion of Blue Hill Avenue and Oakland Street crossings in 
Boston. William B. French, Arthur H. Wellman and George 



122 ATTORXEY-GEXERAL'S REPORT. [Jan. 

A. Kimball appointed commissioners. Commissioners' report 
filed. Fred E. Jones appointed auditor. Auditor's nine- 
teenth report filed. Pending. 

Boston, Mayor and i\.ldermen of, petitioners. Petition for aboli- 
tion of all crossings in East Boston. George W. Wiggin, 
William B. French and Edward B. Bishop appointed commis- 
sioners. Commissioners' report filed. Winfield S. Slocum 
appointed auditor. Auditor's third report filed. Pending. 

Revere, Selectmen of, petitioners. Petition for abolition of Win- 
throp Avenue crossing in Revere. George W. Wiggin, Everett 
C. Bumpus and Charles D. Bray appointed commissioners. 
Commissioners' report filed. Fred E. Jones appointed audi- 
tor. Auditor's second report filed. Pending. 

Worcester County. 

Blackstone. Directors of X^ew York, X'ew Haven & Hartford 
Railroad Company, petitioners. Petition for abolition of 
Mendon Street crossing in Blackstone. Pending. 

Clinton, Selectmen of, petitioners. Petition for abolition of 
Sterling, Water, Main and Woodlawn streets crossings. 
George W. Wiggin, William E. INIcClintock and James A. 
Stiles appointed commissioners. Pending. 

Fitchburg, Mayor and Aldermen of, petitioners. Petition for 
abolition of Putnam Street and Laurel Street crossings in 
Fitchburg. Frank P. Goulding, Charles A. Allen and Charles 
M. Thayer appointed commissioners. Commissioners' re- 
port filed. George S. Taft appointed auditor. Auditor's 
third report filed. Pending. 

Fitchburg, Mayor and Aldermen of, petitioners. Petition for abo- 
lition of Rollstone Street crossing in Fitchburg. Pending. 

Gardner, Selectmen of, petitioners. Petition for abolition of 
Union Street crossing in Gardner. Frank P. Goulding, 
Charles A. Allen and Franklin L. Waters appointed commis- 
sioners. Commissioners' report filed. Henry L. Parker ap- 
pointed auditor. Auditor's first report filed. Pending. 

Holden, Selectmen of, petitioners. Petition for abolition of 
Dawson's crossing and Cedar Swamp crossing in Holden. 
Charles A. Allen, xA.rthur P. Rugg and Henry G. Taft ap- 
pointed commissioners. Commissioners' report filed. Pend- 
ing. 

Hubbardston, Selectmen of, petitioners. Petition for abolition of 
Depot Road crossing in Hubbardston. Pending. 



1907.] PUBLIC DOCUMENT — No. 12. 123 

Leominster, Selectmen of, petitioners. Petition for abolition of 
Water Street crossing. George W. Wiggin, George F. Swain 
and Dana Malone appointed commissioners. Pending. 

Leominster, Selectmen of, petitioners. Petition for abolition of 
Summer Street crossing. George W. Wiggin, George F. 
Swain and Dana Malone appointed commissioners. Pending. 

Leominster, Selectmen of, petitioners. Petition for the abolition 
of Mechanic Street crossing. George W. Wiggin, George 
F. Swain and Dana Malone appointed commissioners. Pend- 
ing. 

Leominster, Selectmen of, petitioners. Petition for the abolition 
of Main Street crossing. George W\ Wiggin, George F. 
Swain and Dana Malone appointed commissioners. Pending. 

Leominster, Selectmen of, petitioners. Petition for abolition of 
Lancaster Street crossing in Leominster. Alpheus Sanford, 
Charles A. Allen and Seth P. Smith appointed commissioners. 
Commissioners' report filed. Fred E. Jones appointed audi- 
tor. Auditor's first report filed. Pending. 

Northborough, Selectmen of, petitioners. Petition for abolition of 
Westborough Hospital station crossing in Northborough. 
Thomas Post, William Wheeler and Alpheus Sanford ap- 
pointed commissioners. Commissioners' report filed. Guy 
W. Currier appointed auditor. Pending. 

Northbridge and Uxbridge, joint petition of Selectmen of. Peti- 
tion for abolition of Whitin's station crossing. Alpheus 
Sanford, Edward B. Bishop and Harry C. Southworth ap- 
pointed commissioners. Commissioners' report filed. Fred 
E. Jones appointed auditor. Auditor's fourth report filed. 
Pending. 

Southborough, Selectmen of, petitioners. Petition for abolition 
of crossing on road from Southborough to Framingham. 
Pending. 

Southborough, Selectmen of, petitioners. Petition for abolition 
of crossing on road leading from Southborough to Hopkinton. 
George C. Travis, James W. ^McDonald and William Sulli- 
van appointed commissioners. Commissioners' report filed. 
Theodore C. Hurd appointed auditor. Auditor's third 
report filed. Pending. 

Southborough, Selectmen of, petitioners. Petition for abolition 
of Main Street crossing at Fayville in Southborough. Pend- 
ing. 

Sutton and Millbury, consolidated petition of Selectmen of both 
towns. See Millbury. 



124 ATTORXEY-GENERAL'S REPORT. [Jan. 

Westborough, Selectmen of, and Directors of Boston & Albany 
Railroad Company, petitioners. Petition for abolition of 
Main Street and Summer Street crossings in Westborough. 
George W. Wiggin, George N. Smalley and Joseph Bennett 
appointed commissioners. Commissioners' report filed. H. 
L. Parker appointed auditor. Auditor's third report filed. 
Pending. 

Worcester, Mayor and Aldermen of, petitioners. Petition for 
abolition of Grafton Street crossing and eight other crossings, 
including alterations of Union Station. James R. Dunbar, 
James H. Flint and George F. Swain appointed commis- 
sioners. Pending. 

Worcester, Mayor and Aldermen of, petitioners. Petition for 
abolition of Hamilton Street crossing in Worcester. Augus- 
tus P. Martin, James D. Colt and Edmund K. Turner ap- 
pointed commissioners. Commissioners' report filed. James 
A. Stiles appointed auditor. Auditor's report filed. Pending. 

Worcester. Directors of Boston & Albany Railroad Company, 
petitioners. Petition for abolition of Webster Street, Ludlow 
Street, Sutton Lane and Heard Street crossings in Worcester. 
Harvey N. Shepard, Frederick Brooks and Joseph S. Lud- 
1am appointed commissioners. Commissioners' report filed. 
James A. Stiles appointed auditor. Auditor's amended second 
report filed. Pending. 

The following cases have been brought for alleged land damages 
incurred in the alteration of grade crossings. The Common- 
wealth, being obliged under the statutes to pay at least twenty-five 
per cent, of the expenses incurred in the alteration of all grade 
crossings, has in all cases been made a party thereto. 

Boston et als. v. Boston Wharf Company. Superior Court, Suf- 
folk County. Pending. 

Codman et als. v. New England Railroad Company et als. Supe- 
rior Court, Suffolk County. Pending. 

Commonwealth v. Boston, Superior Court, Suffolk County. 
Pending. 

Connell v. Boston & Maine Railroad Company et al. Superior 
Court, Middlesex County. Pending. 

Dickinson et al. v. Fitchburg. Superior Court, Worcester County. 
Pending. 

Dolan, Ellen, et al. v. Belchertown et al. Superior Court, Hamp- 
shire Countv. Settled. 



1907.] PUBLIC DOCUMENT — No. 12. 125 

Googins, Mary A., et al. v. Boston & Albany Railroad Company 
et al. Superior Court, Suffolk County. Pending. 

Lovejoy, Augustus, v. Commonwealth et al. Superior Court, 
Middlesex County. Pending. 

Maiden v. Boston & Maine Railroad Company. Superior Court, 
Middlesex County. Pending. 

Moore, George C, v. Town of Chelmsford. Superior Court, 
Middlesex County. Pending. 

Phelps V. Fitchburg Railroad Company. Superior Court, Middle- 
sex County. Pending. 

Sanford, George E., v. Belchertown et al. Superior Court, Hamp- 
shire County. Pending. 

Stack V. New York, New Haven & Hartford Railroad Company 
et al. Superior Court, Hampshire County. Pending. 



126 ATTORNEY-GENERAL'S REPORT. [Jan. 



DISSOLUTION OF COKPORATIONS. 



The following corporations having made voluntary application 
to the Supreme Judicial or Superior Court for dissolution, and 
having given the Attorney-General due notice of the petition, 
and the Tax Commissioner having certified that they were not 
indebted to the Commonwealth for taxes, the Attorney-General 
waived right to be heard : — 

A. C. Fairbanks Company. 

A. F. Bemis Hat Company. 

American Supplies Company. 

Anderson Manufacturing Company. 

Automobile Touring Company. 

Barre Water Company. 

Beacon Medical Corporation. 

Boston Automobile Dealers' Association, Incorporated. 

Boston Show Company. 

Boston Wrapper Manufacturing Company. 

Briggs Iron Works. 

Calumet Woolen Company. 

Cape Cod Street Railway Company. 

Charles A. Hall Company. 

Charles X. Wood Electric Company. 

Charlmont Co-operative Association. 

Cheshire Shoe Company. 

Colonial Rubber Company. 

Columbia Specialty Company. 

Conant Hotel Company. 

D. C. Sargent Company. 
Dudley Tailors, Incorporated. 

E. H. Smith Company. 
Essex Produce Company. 
Exhibition Hall Company. 
Folkins-Hutchins Company. 
Gowdy & Remington Shoe Company. 



1907.] PUBLIC DOCUMENT— No. 12. 127 

Grange Co-operative Association of Gardner. 

Hampden Photo Engraving Company. 

J. H. Arthur Company. 

Kemp Company. 

Langley-Burr Company. 

Lawrence Coal Company. 

McCaffrey Company. 

Medical Service Company. 

Merchants and Manufacturers Transportation Company. 

Milford Park Company. 

Miller Supply Company. 

Monataquoit Mills Company. 

Narragansett Mining and Milling Company. 

National Home Building Company. 

Norwood Co-operative Association. 

O. W. Bobbins Shoe Company. 

Old Colony Steamboat Company. 

Packard & Bailey Company. 

Phillij^s Woolen Company. 

Pinkham & Willis Company. 

Prouty Wire Company. 

R. Butler Company. 

Ridgeway Company. 

Rogers Automobile Company. 

Scutt Souvenir Company. 

Sla^ter Jennings Company. 

Smith-Isbury Lumber Company. 

South Reading Mechanic and Agricultural Institution. 

Springfield Knitting Company. 

Standard Cloth Meter Company. 

Teel Automobile Supply Company. 

Walpole Card Clothing Company. 

Wheelock Engine Company. 

Worcester Turkish Bath Company. 



128 ATTORNEY-GENERAL'S REPORT. [Jan. 



EETUENS OF COEPOEATIONS. 



The following foreign corporations, reported to this department 
by the Commissioner of Corporations for delinquency in filing 
their first papers under St. 1903, c. 437, §§ 58, 60, have been re- 
quired, without the necessity of a suit at law, to comply with the 
statute : — 

A. A. Kidder Publishing Company. 

American Wire and Supply Company. 

Anita Copper Company. 

Arkonia Fabric Manufacturing Company. 

Boston Fuel Company. 

C. C. Lewis Company. 

C. L. Flaccus Glass Company. 

Cambridge Coal Company. 

Carbutt Dry Plate and Film Company. 

Cedar Cliff Silk Company. 

Consolidated INIanufacturing Company. 

Dewey Loan and Banking Company. 

Downes Machine Company. 

E. B. James Lumber Company. 
Electro Radiator Company. 

F. E. Houghton Company. 
F. H. Milles & Co. 
Frictionless Metal Company. 
Goodyear Tire and Rubber Company. 
Granite State Granite Company. 

Great Western Manufacturing Company. 

Grey, Clark & Engle. 

H. F. Watson Company. 

Hammond T;y^ewriter Company. 

Hampden Corundum Wheel Company. 

Hartford Carpet Corporation. 

Heller & Merz Company. 

James Gibbs Manufacturing Company. 



1907.] PUBLIC DOCUMENT — No. 12. 129 

Kirshner Piano Company. 

Knox Machine Company. 

Lee Broom and Duster Company. 

Loco Express Company. 

Lowell Automobile Corporation. 

Macintosh Manufacturing Company. 

Majestic Consolidated Zinc and Lead Company. 

Mathesen Motor Car Company. 

Messenger Publishing Company. 

Michilin Tire American Agency, Incorporated. 

Nantucket Company, 

National Aluminum Company. 

Neptune Meter Company. 

Omo Manufacturing Company. 

Pennsylvania Coal and Coke Company. 

Potter Wall Paper Mills. 

Prentiss Tool and Supply Company. 

Protection Mining Company. 

Radcliffe Food Company. 

Remington & Sherman Company. 

Rhyolite-Beacon Gold Mines Company. 

Scientific American. 

Spring Street Canoe House. 

Standard Beef Company. 

Standard Sanitary Manufacturing Company. 

United Last Company. 

Van Camp Packing Company. 

W. R. Usher & Son Shoe Company. 

Wellesley Tea Room. 

West Disinfecting Company. 

Wilcox Manufacturing Company. 

The following public-service corporations, reported to this de- 
partment by the Tax Commissioner for delinquency in filing 
the tax return for 1906, required by R. L., c. 14, § 37, have been 
required, w^ithout the necessity of a suit at law, to file the return 
in question : — 

Ayer Electric Light Company. 

Chelmsford Gas Light Company. 

Concord & Boston Street Railway Company. 

Conway Water Company. 

Haverhill & Boxford Street Railway Company. 



130 ATTORNEY-GENERAL'S REPORT. [Jan. 

Hoosac Tunnel & \Yilmington Railroad Company, 
Huntington & Westfield River Railway Company. 
Maplewood & Danyers Street Railway Company. 
Middlesex Real Estate Association of Cambridge. 
Quincy Gas Light Company. 
Salisbury Beach Aqueduct Company. 
Vineyard Hayen Electric Light and Power Company. 
Wayerley Company. 



1907.] PUBLIC DOCUMENT — No. 12. 131 



CASES ARISING IN THE PROBATE COURTS 



UNDER THE 



Collateral Inheritance Tax Act. 



Berkshire County. ' 

Anthony, Mary J., estate of. George K. Staples, executor. Peti- 
tion for instructions. Decree. 

Hadsell, Susan Murray, estate of. William N. Hopcroft, adminis- 
trator. Petition for license to receive personal estate in Massa- 
chusetts. Pending. 

Moak, Kezia H., estate of. Charles J. Buchanan, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Piatt, Willis, estate of. Philip Allen et al., executors. Petition 
for license to receive personal estate in Massachusetts. At- 
torney-General waived right to be heard. 

Sperry, Cyrus, estate of. Philo J. Sperry, executor. Petition 
for license to receive personal estate in Massachusetts. At- 
torney-General waives right to be heard. 

Bristol County. 

Blaisdell, Annie W\, estate of. Charles H. Newell, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Bowen, Sarah S., estate of. John Ireys, executor. Petition for 
license to receive personal estate in Massachusetts. Pending. 

Brownell, Annie W., estate of. Frank A. Brownell, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Chase, Emma B., estate of. Charles E. Chase, administrator. 
Petition for license to receive personal estate in Massachusetts. 
"Attorney-General waived right to be further heard. 

Clark, John A., estate of. William S. Lang, executor. Petition 
for license to receive personal estate in Massachusetts. At- 
torney-General waived right to be heard. 



132 ATTORNEY-GENERAL'S REPORT. [Jan. 

Cole, Sarah B., estate of. Edwin A. Cole et al., executors. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Dailey, James, estate of. Mabel G. Dailey, petitioner. Peti- 
tion for reappraisal. F. O. Dodge appointed appraiser. 

Davis, Charles C, estate of. Caroline L. Davis et al., executors. 
Petition for license to receive personal estate in Massachusetts. 
Attorney- General waived right to be heard. 

Driscol, Chauncey T., estate of. George L. Cooke, executor. 
Petition for license to receive personal estate in ]Massachu- 
setts. iVttorney-General waived right to be heard. 

Holland, Edward W., estate of. Treasurer and Receiver-General, 
petitioner. Petition for reappraisal. William B. N. Chase, 
Ben S. C. Gifford and Arthur ]M. Allen suggested as appraisers. 

Rowland, Elihu, estate of. Hannah Howland et al., executors. 
Petition for extension of time for pa\Tnent of tax. Attorney- 
General assented to petition. 

Littlefield, George L., estate of. CyTus E. Lapham, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Pending. 

Pierce, Hannah P., estate of. Abraham Manchester, admin- 
istrator. Petition for license to receive personal estate in 
Massachusetts. Attorney-General waived right to be heard. 

Prindle, Adah R., estate of. Wilbur S. Prindle, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Reynolds, Jane S., estate of. Anna Grace Babbitt et al., execu- 
tors. Petition for license to receive personal estate in Massa- 
chusetts. Attorney-General waived right to be heard. 

Sanders, Hannah W., estate of. Edwun A. Cady, executor. Peti- 
tion for license to receive personal estate in ^Massachusetts. 
Attorney- General waived right to be heard. 

Scholes, James H., estate of. Betsey H. Scholes, administratrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Tallman, Charles J., estate of. Annie E. Tallman, executrix. 
Petition for license to receive personal estate in ]Massachu- 
setts. Attorney-General waived right to be heard. 

Terry, Cordelia A., estate of. John M. Hillman et al., executors. 
Petition for postponement of time for payment of tax. Assented 
to petition. 

Tower, Christopher M., estate of. Edwin R. Bullock et al., ex- 
ecutors. Petition for license to receive personal estate in 
Massachusetts. Attorney-General waived right to be heard. 



1907.] PUBLIC DOCUMENT — No. 12. 133 

Warren, Louisa D., estate of. Edwin A. Cole, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Watkins, Mary D., estate of. Thomas H. Walbridge, guardian. 
Petition for license to sell real estate in Massachusetts. At- 
torney-General waived right to be heard. 

Essex County. 

Barton, Charles C, estate of. Eben L. Dalton et al., executors. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Berry, Benjamin P., estate of. Henry L. Berry, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney- General waived right to be heard. 

Bickford, Elizabeth, estate of. James E. French, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Blyth, Alice, estate of. Esther Richardson, petitioner. Peti- 
tion for reappraisal. George C. Corless appointed appraiser. 

Burnham, Alice, estate of. Sylvester Burnham, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Chase, Charles A., estate of. Joseph Abbott, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Cheney, Hezekiah H., estate of. Dennie E. A. Chase et al., ex- 
ecutors. Petition for license to receive personal estate in 
Massachusetts. Attorney- General waived right to be heard. 

Clark, John N., estate of. Lydia A. Clark, administratrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Clement, Charles P., estate of. Ursula C. Clement, executrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Coggin, William S., estate of. David Coggin, executor. Petition 
for reappraisal. Edward B. George appointed appraiser. 

Coggin, William S., estate of. David Coggin, executor. Petition 
for postponement of time for payment of inheritance tax. 
Pending. 

Collins, Martha T., estate of. Eva B. Tasker, administratrix. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Currier, George, estate of. Henry P. Dana, administrator. Pe- 



184 ATTORXEY-GEXERAL'S REPORT. [Jan. 

tition for license to receive personal estate in jNIassachusetts. 
Attorney-General waived right to be heard. 

Dodge, Mary A., estate of. Joshua L. Bowen, executor. Petition 
for reappraisal. Edwin F. Woodman appointed appraiser. 

Drake, John M., estate of. Julia E. Drake, administratrix. Pe- 
tition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Easton, Hannah M., estate of. Lizzie C. Gwinn et al., executors. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Fowler, Tristram A., estate of. John AY. Dow, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Garland, Charles, estate of. Emma L. Garland, administratrix. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Garland, ^Nlary L., estate of. Clarence A. Goss, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Gilman, George H., estate of. N^ellie F. Knowles, executrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Gove, Harriet A., estate of. Clinton Gove, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Graves, Isaac Collyer, estate of. Joseph W. Coates, executor. 
Petition for reappraisal. Everett Paine appointed appraiser. 

Ham, X^ellie G., estate of. Oliver H. Ham, administrator. Pe- 
tition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Hanscom, John E., estate of. Mary E. Hanscom, administratrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Harrell, Emma, estate of. Henry C. Loughlin, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard.' 

Hatch, Wellman W., estate of. George A. Page et al., executors. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Hilliard, Joseph C, estate of. George A. Wentworth et al., exec- 
utors. Petition for license to receive personal estate in Mas- 
sachusetts. Attorney-General waived right to be heard. 



1907.] PUBLIC DOCUMENT — No. 12. 135 

Hills, Caroline P., estate of. William H. Hills et al., executors. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Howard, Lydia M., estate of. John H. Garvin, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Ho}^, Stephen, estate of. Charles W. Garland, administrator. 
Petition for license to receive personal estate in INIassachu- 
setts. iVttorney-General waived right to be heard. 

Humphrey, Elmira D., estate of. Charles W. Sherburn, exec- 
utor. Petition for postponement of time for payment of in- 
heritance tax. Pending. 

Hutchins, George H., estate of. George Grafton Hutchins, execu- 
tor. Petition for license to receive personal estate in Massa- 
chusetts. Attorney-General waived right to be heard. 

Kelley, Benjamin P., estate of. Maggie C. Kelley, administratrix. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Kimball, Sarah L., estate of. Frank B. Kimball, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Kingston, Paul, estate of. Jeremiah J. Minnehan, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Lamrock, Sarah, estate of. John F. Wilson, administrator. Peti- 
tion for license to receive personal estate in ^Massachusetts. 
Attorney-General waived right to be heard. 

Locke, Leonard, estate of. Alanson Locke, et al, administrators. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Loring, Rosanna E., estate of. George M. Loring, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney- General waived right to be heard. 

McMahon, Sylvia B., estate of. Rath A. Burlingame, administra- 
trix. Petition for license to receive personal estate in Massa- 
chusetts. Attorney-General waived right to be heard. 

Merrill, Fanny W., estate of. Louis C. Merrill, administrator. 
Petition for license to receive personal estate in INIassachusetts. 
Attorney-General waived right to be heard. 

Miller, Addie L. G., estate of. David E. Miller, executrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 



136 ATTORNEY-GENERAL'S REPORT. [Jan. 

Morse, Carrie C, estate of. Albion H. Morse, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Moulton, Hannah E., estate of. John N. Rowell, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Pending. 

Nichols, Lydia W., estate of. Emma Estelle Johnson et al., execu- 
tors. Petition for reappraisal. John Cashman appointed 
appraiser. 

Nichols, Mary C, estate of. Frank O. Woods, executor. Petition 
for instructions. Pending. 

Perkins, Martha A., estate of. Samuel J. Perkins, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Pond, Mary T., estate of. Benjamin P. Blodgett, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Pending. 

Prentiss, Samuel H., estate of. Joshua H. Prentiss, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Provere, Sarah E., estate of. Russell H. Fellows et al., executors. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Rand, Sarah D., estate of. Lucy Arabella Bout well, executrix. 
Petition for license to receive personal estate in jNIassachusetts. 
Attorney-General waived right to be heard. 

Rowell, Charles M., estate of. John N. Rowell, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Rowell, Efhe F., estate of. John N. Rowell, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Sawyer, Valentine B., estate of. Edson E. Peaslee, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney- General waived right to be heard. 

Smith, Lydia A., estate of. Ephraim G. Flanders, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Smith, Reuben John, estate of. Petition for distribution. Decree. 

Spilane, William, estate of. George A. Robie, executor. Petition 
for license to receive personal estate in Massachusetts. At- 
torney-General waived right to be heard. 

Straight, Maggie, estate of. Leray F. Straight, executor. Petition 



1907.] PUBLIC DOCUMENT — No. 12. 137 

for license to receive personal estate in Massachusetts. At- 
torney-General waived right to be heard. 

Stubbs, Eliza S., estate of. Charles B. Patten, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Pending. 

Towne, Joseph H., estate of. Rosina C. Towne, executrix. Peti- 
tion for instructions. Decree. 

Trefethen, Harriet O., estate of. Howard F. Grant, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Upton, Ebenezer P., estate of. Charles P. Upton, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Decree. 

Wallace, Willie S., estate of. Henry A. Wallace, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Willard, Mary F., estate of. Theodore H. Smith, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Wilson, Susan K., estate of. Marietta Wilson, executrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Franhlin County. 

Hare, Elizabeth J. H., estate of. George E. Taylor, executor. 
Petition for instructions. Decree. 

Mattoon, John L., estate of. Charles H. Green et al., executors. 
Petition for instructions. Decree. 

Puffer, Henry, estate of. Alice A. Puffer, executrix. Petition for 
license to receive personal estate in Massachusetts. Attor- 
ney-General waived right to be heard. 

Read, Elwin J., estate of. George A. Read, administrator. Peti- 
tion for allowance of final account. Decree. 

Smith, Oliver T., estate of. Sarah J. Wheeler, executrix. Petition 
for reappraisal. S. B. Slatt, W. M. Smead and Lucius Nims 
appointed appraisers. 

Hampden County. 

Bagg, Ellen Louisa A., estate of. Laura A. Moody, executrix. Peti- 
tion for allowance of final account. Pending. 

Benedict, Frank W., estate of. John T. Manson, administrator 
with the will annexed. Petition for license to receive personal 



138 ATTORNEY-GENERAL'S REPORT. [Jan. 

estate in Massachusetts. Attorney-General waived right to be 
heard. 

Bishop, John George, estate of. Emily Clara Bishop, executrix. 
Petition for instructions. Pending, 

Chapin, Joseph T., estate of. Sarah E. Chapin, administratrix. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Crockett, Sara L., estate of. H. L. Harding et al., executors. 
Petition of Treasurer and Receiver-General to collect tax on 
said estate. Pending. 

Daniels, Martha, estate of. Alfred M. Copeland, public adminis- 
trator. Petition for authority to take charge of certain real 
estate in Brimfield. Attorney-General waived right to be 
heard. 

Fabrey, Peter, estate of. James G. Dunning, public administrator. 
Petition for distribution and allowance of final account. At- 
torney-General waived right to be heard. 

Greenleaf, Orick H., estate of. Ida E. Greenleaf et al., petitioners. 
Petition for instructions. Pending. 

Greenleaf, Orick H., estate of. Oscar S. Greenleaf et al., execu- 
tors. Petition for postponement of time for payment of in- 
heritance tax. Pending. 

Hurd, Juliette, estate of. Angle M. Paine, executrix. Petition 
for allowance of final account. Attorney-General waived 
right to be heard. 

Lathrop, Erastus, estate of. S. Augustus Allen, executor, peti- 
tioner. Petition for instructions. Pending. 

Mitchell, Richard P., estate of. James G. Dunning, administra- 
tor. Petition for allowance of first and final account. Attor- 
ney-General waived right to be heard. 

Moore, Elizabeth P., estate of. Charles H. Parsons, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Pending. 

Olson, John, estate of. James G. Dunning, public administrator. 
Petition for allowance of final account and distribution. At- 
torney-General waived right to be heard. 

O'Meara, Martin, estate of. William J. O'Meara, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Parsons, Henry A., estate of. Willard Parsons, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 



1907.] PUBLIC DOCUMENT — Xo. 12. 139 

Peabody, Sarah Fisk, estate of. John E. Keith, executor. Peti- 
tion for instructions. Decree. 

Puffer, Henry, estate of. AUce A. Puffer, executrix. Petition for 
Hcense to receive personal estate in Massachusetts. Attorney- 
General waived right to be heard. 

Sanders, Sidney, estate of. Ella M. Quimby, executrix. Peti- 
tion for instructions. Pending. 

Smith, Pamelia C, estate of. Charles H. Barrows, executor. 
Petition for allowance of fourth and final account. Attorney- 
General waived right to be heard. 

Stockwell, Louis G., estate of. Herbert E. Stockwell, adminis- 
trator. Petition for license to receive personal estate in Mas- 
sachusetts. Attorney-General waived right to be heard. 

Tyner, George N., estate of. Edward S. Towne et al., executors. 
Petition for instructions. Pending, 

Vining, Sarah E., estate of. Charles H. Barrows, petitioner. Peti- 
tion for reappraisal. Edward S. Bradford appointed ap- 
praiser. 

Vining, Sarah E., estate of. Charles H. Barrows, executor. Peti- 
tion for instructions. Pending. 

Young, Jennette T., estate of. Sarah C. B. Austin, executrix. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Hampshire County. 

Blackmon, George S., estate of. Elsie J. Blackmon, administra- 
trix. Petition for license to receive personal estate in Massa- 
chusetts. Attorney-General waived right to be heard. 

Bray, Rose, estate of. Margaret Watkins, executrix. Petition 
for license to receive personal estate in Massachusetts. Pend- 
ing. 

Middlesex County. 

Adams,. Mary N., estate of. Francis A. Perry, administrator de 
bonis non with the will annexed. Petition for instructions. 
Decree. 

Atkinson, Jane, estate of. Archibald Johnston, executor. Petition 
for reappraisal. Stanley M. Bolster appointed appraiser. 

Barrett, Henry, estate of. L. Ashton Thorp, executor. Petition 
for license to receive personal estate in Massachusetts. Pending. 

Brooks, Lucy iVnn, estate of. James R. Carret, trustee. Petition 
for discharge of lien on real estate. Attorney-General waived 
right to be heard. 



140 ATTORNEY-GENERAL'S REPORT. [Jan. 

Brown, Maria, estate of. Charles D. Brown, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney- General waived right to be heard. 

Burton, Clarence F., estate of. George E. Bales, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be further heard. 

Carter, Mary E., estate of. Frank L. Gerrish, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Chenery, iVlmira H., estate of. Horace Ela, executor. Petition 
for reappraisal. Charles F. Keyes appointed appraiser. 

Choate, Charles, estate of. Isaac Sprague, trustee. Petition for 
instructions regarding distribution of funds and payment of 
inheritance tax. Decree. 

Colburn, Hanna L., estate of. Elias H. Colburn, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Pending. 

Colvin, Horace J., estate of. Isabel N. Colvin, petitioner. Petition 
for appointment of administrator. Pending. 

Conrey, Emma J., estate of. George E. Clarke, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Corbett, Mary C, estate of. John S. Harlow, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Cotton, Eloise A., estate of. Samuel Hudson Kinney et al., execu- 
tors. Petition for license to receive personal estate in Massa- 
chusetts. Attorney-General waived right to be heard. 

Cousens, Mary E., estate of. Lucy F. Luques, executrix. Petition 
for license to receive personal estate in Massachusetts. Attor- 
ney-General waived right to be heard on pajment of tax. 

Currier, George C, estate of. Jennie Currier et al., executors. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Dacey, Catherine, estate of. Thomas J. Lynch, executor. Petition 
for license to receive personal estate in Massachusetts. Attor- 
ney-General waived right to be heard. 

Davenport, Mehitable W., estate of. iVnna \Yhiting Davenport, 
executrix. Petition for license to receive personal estate in 
Massachusetts. Attorney- General waived right to be heard. 

Dunway, Mary J., estate of. Martha Park, administratrix with the 
will annexed. Petition for allowance of first account. Attor- 
nev-General waived right to be heard. 



1907.] PUBLIC DOCUMENT — No. 12. 141 

Ellis, Mary A. Farwell, estate of. Ida M. Elden, executrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Pending. 

Fisk, Mary G., estate of. Frederic D. Fisk, trustee. Petition for 
discharge of lien on real estate in Massachusetts. Attorney- 
General waived right to be heard. 

Fletcher, Amanda A., estate of. Eva M. Fletcher, administratrix. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Foster, Dorothy, estate of. Elwin C. Foster, executor. Petition for 
license to receive personal estate in Massachusetts. Decree. 

Garrity, Catherine, estate of. Joseph S. Lapierre, administrator. 
Petition for allowance of account of public administrator. 
Decree. 

Glynn, Hannah, estate of. Joseph S. Lapierre, administrator. 
Petition for allowance of account of public administrator. 
Attorney-General waived right to be heard. 

Gotham, Mary A., estate of. Joseph S. Lapierre, administrator. 
Petition for allowance of account of public administrator. 
Decree. 

Harrington, Charles A., estate of. Caroline A. Thayer et al., 
petitioners. Petition for reappraisal. Charles H. Mead 
appointed appraiser. 

Hastings, Mary J., estate of. George E. Hastings, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney- General waived right to be heard. 

Hooper, Martha E., estate of. Carrie M. Utley, executrix. Peti- 
tion for reappraisal. Henry W. Bullard appointed appraiser. 

Hopper, Ellen J. O'Hara, estate of. William H. Hopper, adminis- 
trator. Petition for license to receive personal estate in Massa- 
chusetts. Pending. 

Keeley, Michael, estate of. Mary A. Doherty, executrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Kendall, John H., estate of. Frank B. Melkins, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Decree. 

Leach, J. Amanda, estate of. Fred H. Pratt, executor. Petition 
for license to receive personal estate in Massachusetts. Attor- 
ney-General waived right to be heard. 

Little, John Albro, estate of. Robert McCurdy, petitioner. Peti- 
tion for reappraisal. Hollis R. Bailey, Albion L. Milan and 
Henry W. Bullard appointed appraisers. 



142 ATTORNEY-GEXEKAL'S REPORT. [Jan. 

Lockwood, Bessie Squire, estate of. Bessie L. Adams, petitioner. 
Petition for reappraisal. Henrv W. Bullard appointed ap- 
praiser. 

Long, Edgar W., estate of. Charles L. Long, executor. Petition 
for postponement of time for payment of inheritance tax. 
Pending. 

INIartin, Webster Warner, estate of. Wesley T. Lee, executor. 
Petition for instructions. Decree. 

Mason, John S., estate of. ^lary R. ]Mason, administratrix. 
Petition for license to receive personal estate in Massachusetts. 
Attorney- General waived right to be heard. 

]Mc]Millen, Sarah A., estate of. Joseph S. Lapierre, administrator. 
Petition for allowance of account of public administrator. 
Attorney-General waived right to be heard. 

]\Ioore, Adeline C, estate of. Henry AY. Barnes, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Morse, Calvin, estate of. Frank F. Gerry, trustee. Petition for 
instructions regarding inheritance tax. Decree. 

INIoulton, Mary, estate of. Ausbury C. Moulton, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Xourse, Charlotte J. M., estate of. George E. Farley, adminis- 
trator. Petition for license to receive personal estate in Massa- 
chusetts. Pending. 

O'Rourke, Margaret, estate of. Joseph S. Lapierre, administrator. 
Petition for allowance of account of public administrator. 
Decree. 

Pierce, James, estate of. Albert H. Davenport et ciL, executor. 
Petition for postponement of time for payment of inheritance 
tax. Assented to petition. 

Pollard, Samuel Smith, estate of. Albert F. Harlow et al., execu- 
tors. Petition for reappraisal. George C. Travis appointed 
appraiser. 

Reed, William G., estate of. Asa Redington Reed, executor. 
Petition for license to receive personal estate in Massachusetts. 
Pending. 

Rhoades, Josiah R., estate of. Herbert A. Rhoades, executor. 
Petition for reappraisal. Henry W. Bullard appointed ap- 
praiser. 

Richardson, Charles A., estate of. James B. Crowley, adminis- 
trator. Petition for license to receive personal estate in Massa- 
chusetts. Attornev-General waived rio;ht to be heard. 



1907.] PUBLIC DOCUMENT — No. 12. 143 

Roby, Warren G., estate of. George F. Piper et al., trustees. 
Petition for appointment of appraiser. Stanley M. Bolster 
appointed appraiser. 

Rowell, Herman C, estate of. Sarah Jane Munson, executrix. 
Petition for reappraisal. James Stuart Murphy appointed 
appraiser. 

Saville, Abbie F., estate of. Andrew J. Tuck, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Slack, Henry L., estate of. Fannie Phelps Slack, executrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Stearns, Abbie J., estate of. Marshall Jones, administrator with 
the will annexed. Compromise agreement under will. As- 
sented to decree. 

Stickney, John A., estate of. Harriet E. Stickney, executrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Subit, Claire, estate of. Henri Lenoir, executor. Petition for 
license to receive personal estate in Massachusetts. Attorney- 
General waived right to be heard. • 

Sullivan, John, estate of. Michael Sullivan, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Pending. 

Talpey, Mary W., estate of. L. Roger Wentworth, executor. 
Petition for postponement of time for payment of inheritance 
tax. Pending. 

Taylor, Euphemia B., estate of. Henry D. Taylor, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Tilton, Daniel W., estate of. Harriet C. Tilton, administratrix. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Thompson, Susan H., estate of. Albert S. Parsons, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney- General waived right to be heard. 

Trefethen, Harriet O., estate of. Howard F. Grant, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Trow, Sarah M. P., estate of. Harry R. Dow, administrator. 
Petition for postponement of time for payment of inheritance 
tax. Pending. 

Trow, Sarah M. Page, estate of. Harry R. Dow, administrator. 
Petition for instructions. Decree. 



144 ATTORNEY-GENERAL'S REPORT. [Jan. 

Tuttle, Franklin, estate of. Lizzie J. Tuttle, executrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Wakefield, Angeline E., estate of. Otto C. Scales, administrator. 
Petition for instructions. Decree. 

Walker, JNIary Sophia, estate of. E. Rollins Morse, executor. 
Petition for instructions. Attorney-General waived right to 
be heard. 

Warren, Martha R., estate of. Carrie W. Smith, petitioner. Peti- 
tion for reappraisal. George A. Sanderson appointed ap- 
praiser. 

Wellington, Ellen M., estate of. Kate E. Hazen, executor. Peti- 
tion for instructions. Decree. 

Whitehouse, Jonathan C, estate of. Rebecca A. Spear, adminis- 
tratrix. Petition for license to receive personal estate in 
Massachusetts. Decree. 

Willard, Henry F., estate of. Letha E. Willard, executrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Wise, Sarah S., estate of. Elisha O. Woodward, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney- General waived right to be heard. 

Wright, Mary Jane, estate of. Clarence R. Russell, administratrix. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Norfolk County. 

Burgess, Sophia K., estate of. Leonard K. Storrs, executor. 
Petition for reappraisal. Henry D. Bennett appointed ap- 
praiser. 

Heyl, Anna K., estate of. John A. Heyl, executor. Petition for 
license to receive personal estate in Massachusetts. Attorney- 
General waived right to be heard. 

Holbrook, Adeline J., estate of. David G. Haskins, Jr., executor. 
Petition for postponement of time for pa}Tnent of inheritance 
tax. Attorney-General assented to petition. 

Miller, John C, estate of. William G. Colesworthy, executor. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Olmstead, Frederick L., estate of. John C. Olmstead, executor. 
Petition for extension of time for payment of tax. Pending. 

Roach, John F., estate of. Ernest R. Williams, petitioner. Peti- 



1907.] PUBLIC DOCUMENT — No. 12. 145 

tion to obtain possession of certain personal property alleged 
to be wrongfully in hands of public administrator. Pending. 

Rogers, Sarah L, estate of. Saniuel N. Neat, administrator, peti- 
tioner. Petition for reappraisal. Wilfred Bolster appointed 
appraiser. 

Selfridge, Thomas O., Sr., estate of. Thomas O. Selfridge, Jr., 
executor. Petition for license to transfer personal property 
in Massachusetts. Attorney-General waived right to be 
heard. 

Thing, Samuel B., estate of. Fred S. Sawyer et al., executors. 
Petition for license to discharge lien on real estate. Decree. 

Plymouth County. 

Glover, Helen M., estate of. John D. Long et al., executors. 
Petition for postponement of time for payment of inheritance 
tax. Attorney-General waived right to be heard. 

Oehme, Ferdinand G., estate of. Clara K. Oehme, executrix. 
Petition for license to receive personal estate in Massachu- 
setts. Decree. 

Perry, Edward Y., estate of. Morrill A. Phillips et al., executors. 
Petition for instructions. Decree. 



Suffolk County. 
Adams, Maria T., estate of. Elliott G. White, executor. Petition 

for license to receive personal estate in Massachusetts. Attor- 
ney-General waived right to be heard. 
Amsbury, Jabez, estate of. George H. Williams, administrator. 

Petition for license to receive personal estate in Massachusetts. 

Attorney-General waived right to be heard. 
Amsbury, Mowry, estate of. George H. Williams, administrator. 

Petition for license to receive personal estate in Massachusetts. 

Attorney-General waived right to be heard. 
Bailey, Ann H., estate of. Frederick W. Sewall et al., executors. 

Petition for license to receive personal estate in Massachusetts. 

Attorney-General waived right to be heard. 
Barron, Nancy A., estate of. Charles W. Crockett, administrator. 

Petition for license to receive personal estate in Massachusetts. 

Attorney-General waived right to be heard. 
Bartlett, Charles A., estate of. Edward C. Messer, administrator. 

Petition for license to receive personal estate in Massachusetts. 

Attorney-General waived right to be heard. 



146 ATTORNEY-GENEKAL'S REPORT. [Jan. 

Bellows, Josiah G., estate of. Catherine H. W. Bellows, executrix. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Bond, Marshall S. P., estate of. Allen B. Saflord, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Boynton, Isaac H., estate of. Rebecca C. Boynton, executrix. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Bradbury, James W., estate of. Louisa H. Bradbury et al., ex- 
ecutors. Petition for license to receive personal estate in 
Massachusetts. Attorney-General waived right to be heard. 

Brimmer, Martin, estate of. F. C. Welch, executor. Petition for 
reappraisal. Frederick H. Smith appointed appraiser. 

Brooks, Lucy W., estate of. Henry W. Brooks, Jr., administrator 
with the will annexed. Petition for license to receive personal 
estate in Massachusetts. Attorney-General waived right to 
be heard. 

Buckley, Catherine, estate of. Francis D. O'Neill, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Gary, Helen E., estate of. Charles P. Curtis, Jr., et al., trustees. 
Petition for discharge of lien on real estate in Massachusetts. 
Decree. 

Caverly, William, estate of. George H. Morrison, administrator. 
Petition for allowance of the first and the second and final 
accounts. Pending. 

Cerveaux, Therese, estate of. Andre Cerveaux, sole legatee. 
Petition for license to receive personal estate in Massachu- 
setts. Pending. 

Clark, Elenora, estate of. George L. Purrington, executor. Peti- 
tion for reappraisal. Stanley M. Bolster appointed appraiser. 

Clark, Lydia A. B., estate of. Emri W. Clark, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney- General waived right to be heard. 

Clay, R. Richard, estate of. Thomas J. Kenney, trustee. Peti- 
tion for instructions. Decree. 

Conner, Vianna A., estate of. Arthur H. Chase, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Pending. 

Crickard, Jane, estate of. Edward B. Fitzgerald, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard on pa}TQent of 
tax. 



1907.] PUBLIC DOCUMENT — No. 12. 147 

Cumston, Charles M., estate of. William H. Moulton et al., exec- 
utors. Petition for license to receive personal estate in Massa- 
chusetts. Attorney-General waived right to be heard. 

Cunningham, Edward Linzee, estate of. Thomas B. Congdon, 
trustee. Petition for license to receive personal estate in 
Massachusetts. Attorney-General waived right to be heard. 

Cunningham, Edward Linzee, estate of. Thomas B. Congdon, 
administrator with the will annexed. Petition for license to 
receive personal estate in Massachusetts. Attorney-General 
waived right to be heard. 

Cunningham, Hepsie W., estate of. James S. Cunningham et al., 
executors. Petition for reappraisal. Stanley M. Bolster 
appointed appraiser. 

Curtis, Betsey Ann, estate of. Emogene C. Curtis, executrix. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Curtis, Henry, estate of. Hugh E. Curtis, executor. Petition for 
license to receive personal estate in Massachusetts. Attorney- 
General waived right to be heard. 

Curtis, Lucy W., estate of. Tracy H. Harris, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney- General waived right to be heard. 

Daniell, Sarah F., estate of. George G. Crocker, executor and 
trustee. Petition for discharge of lien on real estate in Massa- 
chusetts. Attorney- General w^aived right to be heard. 

Davis, Annie M., estate of. E. Holmes Boyd ei al., trustees. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Davis, Frederick, estate of. Treasurer and Receiver-General, 
petitioner. Petition for reappraisal. Louis A. Frothingham 
appointed appraiser. 

Dickerman, Jery E., estate of. John Young, administrator de 
bonis non with the will annexed. Petition for license to receive 
personal estate in Massachusetts. Attorney-General waived 
right to be heard. 

Eastburn, Mary Jean, estate of. Arfiold A. Rand, executor. 
Petition for license to receive personal estate in Massachu> 
setts. Attorney-General waived right to be heard. 

Emerson, Mary H., estate of. Samuel W. Junkins, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Fawcett, Joseph, estate of. Mason A. Carpenter, special admin- 
istrator. Petition for license to receive personal estate in 
Massachusetts. Decree. 



148 ATTORNEY-GENERAL'S REPORT. [Jan. 

FitzGerald, John E., estate of. Charles F. Kittredge, executor. 
Petition for reappraisal. Attorney-General waived right to 
be heard. 

Fletcher, Andrew, estate of. Andrew Fletcher et al., executors. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Galvin, Patrick J., estate of. Malachi L. Jennings, petitioner. 
Petition for reappraisal. Michael J. Sughrue appointed ap- 
praiser. 

Gardner, Ira, estate of. Cecil B. Gardner, administratrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Garvey, Richard, estate of. Francis J. Horgan, executor. Peti- 
tion for instructions. Decree. 

Ginn, Daniel A., estate of. Winfield F. Prime, administrator. 
Petition for reappraisal. William J. Tyler appointed ap- 
praiser. 

Green, John W., estate of. Lydia T. Green, executrix. Petition 
for license to receive personal estate in Massachusetts. Attor- 
ney-General waived right to be heard. 

Greene, Rebecca A., estate of. Francis B. Greene, executor. 
Petition for postponement of time for payment of inheritance 
tax. Attorney-General assented to petition. 

Hall, Mary R., estate of. Silas M. Dinsmoor, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Hall, William G., estate of. Silas M. Dinsmoor, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Hamlin, Augustus Choate, estate of. Edward Hamlin, executor. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Hammond, Cornelia J., estate of. David G. Haskins, Jr., et al., 
executors. Petition for postponement of time for paMiient of 
inheritance tax. Attorney-General assented to petition. 

Hammond, Ellen S. S., estate of. Samuel D. Warren et al., execu- 
tors. Petition for postponement of time for pa}Tnent of tax. 
Assented to postponement. 

Hartwell, Sarah M., estate of. Harry Linwood Hartwell, admin- 
istrator. Petition for license to receive personal estate in 
Massachusetts. Attorney-General waived right to be heard. 

Heald, Olive F., estate of. Cyrus B. Heald, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 



1907.] PUBLIC DOCUMENT — No. 12. 149 

Heath, Seth A., estate of. Arthur G. Witham, administrator. 
Petition for Hcense to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Hoague, Caroline E., estate of. George G. Crocker, executor and 
trustee. Petition for discharge of lien on real estate in Massa- 
chusetts. Attorney-General waived right to be heard. 

Holbrook, Robert M., estate of. Samuel J. Taylor et a!., execu- 
tors. Petition for license to receive personal estate in Massa- 
chusetts. Pending. 

Holman, Amelia, estate of. Anton P. Wright, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Holmes, Edmund W., estate of. Lewis H. Adler, Jr., executor. 
Petition for license to receive personal property held in trust. 
Attorney-General waived right to be heard. 

Houghton, Mary E., estate of. Albert W. Leighton, executor. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Howe, Irving A., estate of. D. J. Lord, administrator. Petition 
of Treasurer and Receiver-General for payment of tax on 
certain legacies. Pending. 

Hussey, Daniel, estate of. Ben Emery Burns, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Jordan, Rose D., estate of. Charles P. Dorr, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Keith, Sanford, estate of. Fidelity Trust Company, trustee. Peti- 
tion for license to receive portion of residue in hands of exec- 
utors. Attorney-General waived right to be heard. 

Kelleher, Mary E., estate of. Ella McDonald, administratrix. 
Petition for allowance of account. Pending. 

Kennard, Charles W., estate of. Boston Safe Deposit and Trust 
Company, trustee. Petition for postponement of time for 
payment of inheritance tax. Attorney-General assented to 
petition. 

Lander, Jean M. D., estate of. Charles J. Bell et al., executors. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Lang, Eliza, estate of. Sarah E. Hersey, petitioner. Petition for 
discharge of lien on real estate on payment of inheritance tax. 
Attorney-General assented to petition. 

Lang, Eliza, estate of. Sarah E. Hersey, petitioner. Petition for 
reappraisal. William J. Tyler appointed appraiser. 



150 ATTOENEY-GENEKAL'S REPORT. [Jan. 

Lawrence, Elizabeth, estate of. William S. Dexter et al., exec- 
utors and trustees. Petition for instructions. Pending. 

Lawrence, Elizabeth, estate of. Arthur Chapman, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Lawrence, T. Bigelow, estate of. William S. Dexter et al, trus- 
tees. Petition for instructions. Pending. 

Leahy, Hannah, estate of. David J. Leahy, executor. Petition 
for license to receive personal estate in Massachusetts. At- 
torney-General waived right to be heard. 

Leddy, Ellen F., estate of. Daniel Clark, executor. Petition for 
license to sell real estate in Massachusetts. Pending. 

Lewando, Charles L., estate of. Winifred S. Lewando, execu- 
trix. Petition for postponement of time for payment of tax. 
Assented to postponement. 

Lyford, Lovinia O., estate of. Oliver S. Lyford, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney- General waived right to be heard. 

Marden, Alacia E., estate of. Elizabeth F. Johnson, executrix. 
Petition for reappraisal. George C. Travis appointed ap- 
praiser. 

Marthon, Elizabeth D., estate of. Charles R. Doak, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Martin, Algernon H., estate of. Eliza E. Martin, administratrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Ma}Tiard, Lydia A., estate of. Lizzie M. Maynard, executrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

McPherson, Flora, estate of. John McDonald, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Meredith, Mary E., estate of. Elizabeth L. Tappan, executrix. 
Petition for postponement of time for payment of tax. Pending. 

Mills, Annie M. H., estate of. William H. Mills, administrator. 
Petition for compromise of inheritance tax. Attorney-Gen- 
eral waived right to be heard. 

Mitchell, Mary A., estate of. Julia Perrin, petitioner. Petition 
for reappraisal. Stanley M. Bolster appointed appraiser. 

Morrill, Antoinette, estate of. William P. Fiske, executor. Pe- 
tition for license to receive personal estate in Massachusetts. 
Decree. 



1907.] PUBLIC DOCUMENT— No. 12. 151 

Morrison, Jennett, estate of. Orange G. Morrison, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Mulvey, Timothy D., estate of. C. G. Smith, executor. Peti- 
tion for reappraisal. Stanley Bolster appointed appraiser. 

Nash, George W., estate of. James R. Nash et al., executors. Pe- 
tition for license to receive personal estate in Massachusetts. 
Attorney- General waived right to be heard. 

Niles, Thomas, estate of. F. C. Welch, executor. Petition for 
reappraisal. Frederick H. Smith appointed appraiser. 

Norris, Harriet S. C, estate of. Francis Rawle, executor. Pe- 
tition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

O'Connell, Ellen, estate of. Sarah O'Connell, executrix. Pe- 
tition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Papanti, Lorenzo F., estate of. Harrison Dunham, executor. 
Petition for instructions. Attorney-General waived right to 
be heard. 

Parker, Caroline, estate of. Frank L. Winsor, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Patten, Daniel W., estate of. Albourne F. Abbott, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Pending. 

Peabody, Henry O., estate of. Lewis Kennedy Morse, trustee. 
Petition for reappraisal. Stanley M. Bolster appointed ap- 
praiser. 

Perkins, Sarah J., estate of. Albert M. P. Pearson et al., execu- 
tors. Petition for license to receive personal estate in Massa- 
chusetts. Attorney-General waived right to be heard. 

Peters, Lemuel E. D., estate of. Lemuel W. Peters, adminis- 
trator. Petition for license to receive personal estate in Massa- 
chusetts. Attorney-General waived right to be heard. 

Plummer, John H., estate of. Charles H. Wentworth, admin- 
istrator. Petition for license to receive personal estate in 
Massachusetts. Pending. 

Randall, Abby, estate of. William H. Bowen, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Randall, Harriet H., estate of. William P. Blake, trustee. Peti- 
tion for discharge of lien on real estate in Massachusetts. 
Decree. 



152 ATTORNEY-GENERAL'S REPORT. [Jan. 

Read, Gideon F. T. and Rebecca T., estates of. A. E. Scott, 
executor. Petition for reappraisal. George H. Brown ap- 
pointed appraiser. 

Reed, Ellen J., estate of. John Hinkley, executor. Petition for 
license to receive personal estate in Massachusetts. Attorney- 
General waived right to be heard. 

Reed, Rebecca T., estate of. Augustus E. Scott, petitioner for 
instructions. Pending. 

Richards, INIary E., estate of. Dura M. Richards, administrator. 
Petition for license to receive personal estate in ^Nlassachu- 
setts. Attorney-General waived right to be heard. 

Russell, Joseph W., estate of. Anne V. R. Russell, executrix. Pe- 
tition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Ryder, Michael J., estate of. Patrick F. Ryder et aL, petitioners. 
Petition for reappraisal. William J. Tyler appointed ap- 
praiser. 

Seymour, Ella B., estate of. Charles R. Seymour, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney- General waived right to be heard. 

Soper, Charles G., estate of. Edward Graham, executor. Petition 
for reappraisal. Stanley M. Bolster appointed appraiser. 

Souther, Henry, estate of. Pennsylvania Company for Insurance 
on Lives and Granting Annuities, trustee. Petition for license 
to receive personal estate in Massachusetts. Attorney-General 
waived right to be heard. 

Sproul, Eliza A., estate of. Annie B. Snell, administratrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Stevens, Elizabeth W., estate of. Daniel Hall et aL, executors. 
Petition for instructions. Decree. 

Stevens, Helen G., estate of. INIary S. Dodge, executrix. Petition 
for postponement of time for payment of tax. Pending. 

Stevens, Henry Lowe, estate of. Peter H. McClellan, executor. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Stone, John O., estate of. Annie Stone et aL, trustees. Petition 
for license to receive personal property in Massachusetts. 
Attorney- General waived right to be heard. 

Stowe, Ellen C, estate of. Frederick E. Stowe, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney- General waived right to be heard. 

Sullivan, Catherine, estate of. Louise G. INIcLaughlin, executrix. 



1907.] PUBLIC DOCUMENT — No. 12. 153 

Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Tanner, Frances E., estate of. Harriet C. Tillotson et al., execu- 
tors. Petition for license to receive personal estate in Massa- 
chusetts. Attorpey-General waived right to be heard. 

Thompson, Jacob H., estate of. Arthur R. Wendell, adminis- 
trator. Petition for license to receive personal estate in Massa- 
chusetts. Attorney-General waived right to be heard. 

Toppan, Harriette R., estate of. Philadelphia Trust, Safe Deposit 
and Insurance Company, executor. Petition for license to 
receive personal estate in jNIassachusetts. Attorney-General 
waived right to be heard. 

Trask, Madeline P., estate of. Susan J. Littlefield, executrix. 
Petition for instructions. Attorney-General waived right to 
be heard. 

Treworgy, Zilpha, estate of. C. M. G. Harwood, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney- General waived right to be heard. 

Tuckerman, Charles S., estate of. Leverett S. Tuckerman, ex- 
ecutor. Petition for extension of time for payment of tax. 
Decree. 

Wadleigh, George, estate of. George H. Wadleigh, executor. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Weld, Susan, estate of. J. Herbert Weld, administrator. Petition 
for discharge of lien on real estate. Attorney-General assented 
to petition. 

Wheeler, Mary C, estate of. James R. Wheeler et ah, executors. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Whitwell, William Scollay, estate of. Blanche B. Whitwell, exec- 
utrix. Petition for license to receive personal estate in Massa- 
chusetts. Attorney-General waived right to be heard. 

Wilbur, Ann M., estate of. George L. Dodd, executor. Petition 
for discharge of lien on real estate on payment of tax. Attor- 
ney-General assented to petition. 

Wilkins, Nancy F., estate of. William S. Loveren, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney- General waived right to be heard. 

Williams, William H., estate of. Henry M. Rowe, executor. 
Petition for instructions. Decree. 

Wingate, Eliza W., estate of. Livingston Gushing, executor. 
Petition for extension of time for payment of tax. Decree. 



154 ATTORNEY-GENERAL'S REPORT. [Jan. 

Wiswall, Thomas H., estate of. Alanson C. Haines et al., execu- 
tors. Petition for license to receive personal estate in Massa- 
chusetts. Attorney-General waived right to be heard. 

Woods, Ann Eliza, estate of. Robert J. Woods, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 



Worcester County. 

Aldrich, Altheda M., estate of. Almon Twitchell, administrator. 
Petition for license to receive personal estate in Massachusetts, 
iVttorney- General waived right to be heard. 

Aldrich, Frank E., estate of. Roger C. Aldrich, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney- General waived right to be heard. 

Alexander, David R., estate of. Emery W\ Alexander, adminis- 
trator. Petition for license to receive personal estate in Massa- 
chusetts. Attorney-General waived right to be heard. 

Bingham, Lucinda H., estate of. Edward A. Davis, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney- General waived right to be heard. 

Blanchard, Sarah E., estate of. Emma L. Tucker, administratrix. 
Petition for license to receive personal estate in Massachusetts. 
Decree. 

Buckley, Bridget, estate of. James J. Higgins, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Bullock, Brigham N., estate of. George Bullock et al., executors. 
Petition for instructions. Pending. 

Burns, Patrick, estate of. Catherine White, administratrix. Peti- 
tion for allowance of first and second accounts. Pending. 

Burns, Patrick, estate of. Catherine White, administratrix with 
the will annexed. Petition for allowance of final account. 
Pending. 

Canfield, Penelope S., estate of. Waldo Lincoln, executor. Peti- 
tion for instructions. Decree. 

Chapin, Lucia E., estate of. Charles A. Chapin, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney- General waived right to be heard. 

Chapman, Emily B., estate of. Ralph E. Chapman, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney- General waived right to be heard. 

Child, Ruth A., estate of. Luther J. Leavitt, administrator. 



1907.] PUBLIC DOCUMENT — No. 12. 155 

Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Colburn, Enoch J,, estate of. Clarence R. Russell, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Corliss, Sarah E. F., estate of. Ada F. C. White, petitioner. 
Petition for reappraisal. Charles E. Batcheller appointed 
appraiser. 

Dadmun, Lydia E., estate of. George E. Dadmun, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Dean, Joseph E., estate of. David Aldrich, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Faulkner, Elizabeth J., estate of. Herbert B. Viale, trustee. Peti- 
tion for license to receive personal estate in Massachusetts. 
Pending. 

Forbush, William C, estate of. Commonwealth Trust Company, 
administrator. Petition for license to receive personal estate 
in Massachusetts. Pending. 

Forristall, Mary A. A., estate of. Willard N. Forristall, executor. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Fossett, William C, estate of. Jacob W. P. Goudy, administrator 
with the will annexed. Petition for license to receive personal 
estate in Massachusetts. Attorney- General waived right to 
be heard. 

Freudenthal, Erek, estate of. Alfrida Freudenthal, administra- 
trix. Petition for license to sell real estate situated in Massa- 
chusetts. Attorney-General waived right to be heard. 

Gay, Philena, estate of. Edson Emery, executor. Petition for 
license to receive personal estate in Massachusetts. Attorney- 
General waived right to be heard. 

Giffin, Edward, estate of. Sarah M. Giffin, executrix. Petition 
for license to receive personal estate in Massachusetts. Attor- 
ney-General waived right to be heard. 

Goulding, Marcus, estate of. Charles P. Goulding et al., admin- 
istrators. Petition for license to receive personal estate in 
Massachusetts. Attorney-General waived right to be heard. 

Hale, Harris, estate of. Maria R. Adams, administratrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Pending. 

Hale, Sarah L., estate of. Jason S. Perry, administrator. Peti- 



156 ATTORNEY-GENERAL'S REPORT. [Jan. 

tion for license to receive personal estate in Massachusetts. 
Attorney- General waived right to be heard. 

Henry, Frances A., estate of. Frances H. Swanson, administratrix. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Hils, Joseph, estate of. Charles Dunray et al., executors. Peti- 
tion for license to receive personal estate in Massachusetts. 
Pending. 

Holbrook, Lowell, estate of. George S. Crosby, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Howe, Silas, estate of. Emma L. Howe, petitioner. Petition for 
appointment of trustee. Attorney-General assented to peti- 
tion. 

Hubbard, Elbridge, estate of. Oran E. Randall, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Knight, John B., estate of. James W. Lord, executor. Petition for 
license to receive personal estate in Massachusetts. Attorney- 
General waived right to be heard. 

Lewis, Mary B., estate of. Fred A. Lewis, executor. Petition for 
license to receive personal estate in Massachusetts. Attorney- 
General waived right to be heard. 

Lovell, Sarah E. B., estate of. Henry A. Lovell, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Markham, Patrick, estate of. Augustus W. Shea, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Marshall, Ellen M., estate of. Ella F. Chapman, administratrix. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

McAvoy, Michael, estate of. Thomas A. INlcAvoy, executor. Peti- 
tion for reappraisal. Charles A. Kabley appointed appraiser. 

Moore, Harriet, estate of. INIaud Collins, administratrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Nichols, Lydia C, estate of. Charles A. Nichols, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Nims, Ann C, estate of. Orville E. Cain, executor. Petition for 
license to receive personal estate in Massachusetts. Attorney- 
General waived right to be heard. 



1907.] PUBLIC DOCUMENT — No. 12. 157 

Nims, Susan T., estate of. Ida L. Butterfield, executrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Noyes, George G., estate of. Josephine M. Noyes, executrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Ostrom, Frida L., estate of. Frederick H. Kingsbury, adminis- 
trator. Petition for license to receive personal estate in Massa- 
chusetts. Attorney-General waived right to be heard. 

Phillips, Harriet M., estate of. Edward H. Fletcher, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Phillips, Harvey, estate of. John P. Gay, executor. Petition for 
license to receive personal estate in Massachusetts. Attorney- 
General waived right to be heard. 

Pierce, Elbridge B., estate of. Leonard Wellington, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Pillsbury, Benjamin T., estate of. William A. Libbey, adminis- 
trator. Petition for license to receive personal estate in Massa- 
chusetts. Attorney-General waived right to be heard. 

Pratt, Louisa, estate of. Bessie M. Thompson, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Pending. 

Puffer, Henry, estate of. Alice A. Puffer, executrix. Petition for 
license to receive personal estate in Massachusetts. Attorney- 
General waived right to be heard. 

Ruggles, Lucy S., estate of. Charles H. Darling, administrator 
with the will annexed. Petition for licertse to receive personal 
estate in Massachusetts. Attorney-General waived right to 
be heard. 

Sage, Cynthia J., estate of. James D. Rice, executor. Petition 
for instructions. Decree. 

Sawyer, Lydia C, estate of. Thomas J. Sawyer, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Scott, Sarah A., estate of. Alfred Sawyer, administrator with 
the will annexed. Petition for license to receive personal 
estate in Massachusetts. Attorney- General waived right to 
be heard. 

Shattuck, George, estate of. J. Maynard Kissam, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 



158 ATTORNEY-GENERAL'S REPORT. [Jan. 

Smith, Caroline G., estate of. Janette J. Smith, executrix. Pe- 
tition for Hcense to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Stevens, iNIarv J., estate of. Fithian S. Simmons, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Tarbox, Phebe G., estate of. Eben W. Jones, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Thayer, Julia B., estate of. Frederick H. Kingsbury et al., exec- 
utors. Petition for instructions. Pending. 

Thayer, Julia B., estate of. Frederick H. Kingsbury et al., execu- 
tors. Petition for license to receive personal estate in Massa- 
chusetts. Attorney-General waived right to be heard. 

Tuthill, Zilpha A., estate of. Delia INI. Tuthill, administratrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney- General waived right to be heard. 

Wagner, Amelia L., estate of. John L. Wagner, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney- General waived right to be heard. 

Walbridge, Sophronia P., estate of. Hattie J. Severance, ad- 
ministratrix. Petition for license to receive personal estate 
in Massachusetts. Attorney-General waived right to be heard. 

Ward, Electa L., estate of. Charles E. Ward, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney- General waived right to be heard. 

Webber, Jason, estate of. INIartha L. Jones, executrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Pending. 

W^elch, Fred B., estate of. James Welch, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

White, Jesse, estate of. Lydia B. White, executrix. Petition for 
license to receive personal estate in Massachusetts. Attorney- 
General waived right to be heard. 

White, Lavinia L., estate of. Samuel S. White, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney- General waived right to be heard. 

Wilcox, George, estate of. Martha J. Charlton, executrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 



1907.] PUBLIC DOCUMENT — No. 12. 159 



PUBLIC CHAEITABLE TRUSTS. 



Bristol County. 

Arnold, Sarah Rotch, estate of. Alanson S. Barney, petitioner. 
Petition for appointment of trustee. Pending. 

First Baptist Church of New Bedford ^^ Attorney- General. Peti- 
tion for appointment of trustee under charitable trust. At- 
torney-General assented to petition. 

Peckham, Peleg W., estate of. Joseph M. Sharrock et al., trustees. 
Petition for allowance of third and third supplemental ac- 
count. Pending. 

Essex County. 

Barker, Jonathan Tyler, estate of. James C. Poor, petitioner. 
Petition for appointment of trustee. Attorney-General waived 
right to be heard. 

Essex Agricultural Society v. Massachusetts General Hospital 
Corporation and the Attorney-General. Petition to sell real 
estate and to apply the doctrine of cy-pres. Service accepted. 
Petition dismissed. Petitioner appealed. Pending. 

Haskins, Leander Miller, estate of. Nathaniel Richardson et al., 
petitioners. Petition for appointment of trustees. Pending. 

People's Methodist Episcopal Church of Newburyport, Trustees 
of, V. Abraham H. Goodwin et als. Petition for sale of real 
estate devised to charity. Attorney-General waived right to 
be heard. 

Phillips Academy Trustees v. Attorney-General et als. Bill in 
equity to devise scheme for carrying out a trust under the 
will of Samuel Phillips. Decree. 

Hampden County. 

Hamilton, John F., estate of. John O. Hamilton, trustee. Peti- 
tion for instructions regarding the disposition of trust funds. 
Decree. 

Holbrook, George B., et al. v. Edward W. Appleton et al. Peti- 
tion for leave to sell real estate under deed of trust, and for 
instructions. Pending. 



160 ATTORNEY-GENERAL'S REPORT. [Jan. 

Jones, William, estate of. Timothy D. Potter, administrator. 
Petition for instructions. iVttorney-General waived right to 
be heard. 

Lathrop, Erastus, estate of. S. Augustus Allen, executor, peti- 
tioner. Petition for instructions. Pending. 

Taylor, Ethan, estate of. William A. Lincoln et al., petitioners. 
Petition for appointment of new trustee. Attorney-General 
waived right to be heard. 

Whiting, H. Amelia , v. The AYomen's Union Temperance Or- 
ganization. Petition for injunction to prevent defendant 
corporation from exceeding its powers under charter. Pend- 
ing. 

Middlesex County. 

Bigelow, Harriet A., estate of. Decius Beede, trustee. Petition 
for instructions. Decree. 

Choate, Charles, estate of. John M. Harlow, trustee. Petition 
for instructions regarding a charitable trust. Decree. 

Mackay, Frances Mary, estate of. Amelia M. Goodwin et al., 
trustees. Petition for allowance of third and final account. 
Attorney-General assented to petition. 

Mills, Ann, estate of. Walter F. Greenman, petitioner. Petition 
for appointment of trustee. Attorney-General waived right 
to be heard. 

Osgood, George C, et al. v. Charles R. Blaisdell et al. Petition 
for instructions under will of Sarah C. Kershaw. Final 
decree. 

Parker, Pamelia, estate of. Herman S. Hazen, executor. Peti- 
tion for compromise of public charitable trust. Attorney- 
General waived right to be heard. 

Smith, George O., estate of. Albert S. Parsons et al., petitioners. 
Petition for appointment of trustees. Attorney-General 
assented to petition. 

Smith, George O., estate of. Albert S. Parsons et al., trustees. 
Petition for leave to sell trust estate. Attorney-General as- 
sented to petition. 

Sweetser, Mary E., estate of. William J. Mandell, executor. 
Petition to sell real estate to pay debts. Attorney-General 
assented to petition. 

Symmes Arlington Hospital v. Attorney-General et als. Petition 
to extend time for carrying out a trust under the will of Stephen 
Symmes. Decree. 



1907.] PUBLIC DOCUMENT — No. 12. 161 



Nantucket County. 
Enas, Sally Maria, estate of. Hiram C. Folger, petitioner. Pe- 
tition for appointment of trustee to fill vacancy caused by 
death. Attorney-General waived right to be heard. 

Norfolk County. 

Cleveland, Ira, estate of. Franklin W. Mann, petitioner. Pe- 
tition for appointment of trustee of trust funds. Pending. 

Hemenway, Mary, estate of. Augustus Hemenway et al., trustees. 
Petition for allowance of second account. Attorney-General 
waived right to be heard. 

Mann, Jonathan, estate of. John F. Brown et al., trustees. Pe- 
tition for license to sell real estate. Attorney-General waived 
right to be heard. 

Plymouth County. 
Blackmar, Wilmon W., estate of. Francis H. Lincoln et al., trus- 
tees. Petition for appointment of trustees. Attorney-General 
assented to petition. 

Suffolk County. 

Amherst College, Trustees of, v. Attorney-General. Petition for 
instructions. Disposed of. 

Arlington, Inhabitants of, v. Attorney-General. Petition for 
instructions under the will of Nathan Pratt. Pending. 

Beals, Nancy, estate of. Emily M. Treadwell, petitioner. Peti- 
tion for appointment of trustee. Attorney-General waived 
right to be heard. 

Boston, city of, petitioner. Petition for instructions under the 
will of Benjamin Franklin. Pending. 

Cheney, Ednah Dow, estate of. Charles S. Gill et als., executors. 
Petition for instructions. Pending. 

Day, Bertha L., estate of. Salvation Army, petitioner. Petition 
for distribution of trust funds. Pending. 

Devens, Sarah A. W., estate of. William Minot et al., executors. 
Petition for appointment of administrator de bonis non with 
will annexed. Attorney-General assented to petition. 

Dickinson, Marquis F., et al.. Executive Committee of Summer 
Street Fire Committee v. Attorney-General et al. Bill in 
equity to transfer funds in hands of committee to Massachu- 
setts Charitable Fire Society. Final decree. 



162 ATT0RNP:Y-GENERAL'S RP:P0RT. [Jan. 

Gardner, Ellen K., estate of. Herbert L. Bover, petitioner. Pe- 
tition for appointment of trustee. Attorney-General assented 
to petition. 

Harvard College, President and Fellows of, v. Attorney-General. 
Petition for distribution of trust funds of estate of David A. 
Wells. Pending. 

Mabie, William I., et al. v. Edwin S. Gardner and Attorney- 
General. Petition for instructions regarding a public chari- 
table trust under will of Mary Redding. Pending. 

May, Frederick W. G., estate of. Eleanor G. May et al., adminis- 
trators. Petition for instructions. Attorney-General waived 
right to be heard. 

Mills, Edward C, et al., executors, v. Trustees of Abbot Female 
Academy. Petition for instructions regarding a charitable 
trust. Decree. 

Pope, Ebenezer, estate of. John H. Meader, petitioner. Petition 
for appointment of trustee. Attorney-General waived right 
to be heard. 

Shawmut Universalist Society v. Thomas C. Frothingham et al. 
Bill in equity to require defendants to pay to plaintiff money 
given under will of Mary P. Goddard. Disposed of. 

Stone, Stephen S., estate of. Trustees of Westford Academy, 
petitioners. Petition for leave to apply certain trust funds. 
Disposed of. 

Townsend, Laura D., estate of. William H. Turner et al., peti- 
tioners. Petition for instructions as to construction of will. 
Decree. 

Williams College, President and Fellows of, v. Attorney-General 
et al. Petition for instructions under the will of David A. 
Wells. Decree. 

Worcester County. 

Burrage, Martha A., estate of. Oscar A. Taft, executor. Peti- 
tion for instructions regarding a public charitable trust. 
Pending. 

Clarke, Josiah H., estate of. Francis A. Clarke et al., executors. 
Petition for instructions regarding a public charitable trust. 
Pending. 

Drury, Franklin, estate of. Henry W. Carter et al., petitioners. 
Petition to turn over trust fund to town of Warren to be held 
as under original trust. Pending. 

Foster, Richard W., estate of. Catherine E. Foster et al., execu- 
tors. Petition for instructions. Pending. 



1907.] PUBLIC DOCUMENT— No. 12. 163 

Greeley, Sarah B., estate of. Walter P. Bowers et al., trustees. 
Petition for instructions. Decree. 

Grout, Eliza P., estate of. Robert L. Carter et als., trustees, 
petitioners. Petition for license to sell real estate. Attorney- 
General assented to petition. 

Holden, Joseph, et al. v. Isaac Willard et al. Petition for instruc- 
tions regarding a charitable trust to make valid certain sales. 
Attorney-General assented to petition. 

Monis, Judah, estate of. Samuel M. Crothers et als., trustees, 
petitioners. Petition for discharge of trustees. Attorney- 
General assented to petition. 

Monis, Judah, estate of. American Unitarian Association, peti- 
tioner. Petition for appointment of trustee to fill vacancy. 
Attorney-General assented to petition. 

Upton, George C, estate of. Alfred E. J. Heywood, adminis- 
trator. Petition for instructions. Decree. 



164 ATTORNEY-GENERAL'S REPORT. [Jan, 



SUITS CONDUCTED BY THE ATTOENEY-GENEEAL 

In Behalf of State Boards and Commissions. 



The following cases have been reported to this department by 
State boards and commissions, to be conducted by the Attorney- 
General, or under his direction, pursuant to the provisions of St. 
1896, c. 490 : — 

1. Metropolitan Park Commission. 
Petitions to the Superior Court for assessment of damages 
alleged to have been sustained by the taking of land by the said 
commission. 

Middlesex County. 
Lawrence, Samuel C, v. Commonwealth. Pending. 
Whitney, John R., et al., trustees, v. Commonwealth. Settled. 

Norfolk County. 

New York, New Haven & Hartford Railroad Company v. Com- 
monwealth. Settled. 

New York, New Haven & Hartford Railroad Company v. Com- 
monwealth. Settled. 

Suffolk County. 
Boston & Revere Electric Street Railway Company v. Common- 
wealth. Settled. 
Lynn & Boston Railroad Company v. Commonwealth. Settled. 
Proctor, George F., v. Commonwealth. Pending. 

2. Metropolitan Water and Sewerage Board. 
Petitions to the Supreme Judicial and Superior Courts for 
assessment of damages alleged to have been sustained by the 
taking of land, and rights and easements in land, by said Board. 



1907.] 



PUBLIC DOCUMENT — No. 12. 



165 



Middlesex County.. 
Bullard, Joseph O., et al. v. Commonwealth. Pending. 
Burns, John, v. Commonwealth. Pending. 
Childs, Eliza M., et al. v. Commonwealth. Pending. 
Daley, Patrick, v. Commonwealth. Pending. 
Dooley, Edward, v. Commonwealth. Settled. 
Farr, Rebecca T., v. Commonwealth. Pending. 
Gibbon, John, v. Commonwealth. Pending. 
Gibbons, Annie L., v. Commonwealth. Pending. 
Gibbons, Frances, v. Commonwealth. Pending. 
Henry Wilson Co-operative Bank v. Commonwealth. Pending. 
Hensby, Mary J., v. Commonwealth. Pending. 
Keating, William E., v. Commonwealth. Pending. 
Lewis, Millard E., v. Commonwealth. Pending. 
Middlesex Fells Spring Company v. Commonwealth. Pending. 
Pullen, Lillian F., et al. v. Commonwealth. Pending. 
Sprague, William H., v. Commonweahh. Pending. 
Walkup, Josiah W., v. Commonwealth. Settled. 
Whitney, John R., et al. v. Commonwealth et al. Settled. 

Suffolk County. 
Holy hood Cemetery Association v. Commonwealth. Settled. 



WorceHer County. 
Adams, Harriet A., v. Commonwealth. Settled. 
Adler, Bernard, v. Commonwealth. Settled. 
Allen, Byron T)., v. Commonwealth. Pending. 
Allen, Byron D., v. Commonwealth. Pending. 
Andrews, Henrietta M., v. Commonwealth. Pending. 
Atherton, James H., v. Commonwealth. Tried before commis- 
sioners. Report not filed. Pending. 
Ball, Oliver M., administrator, v. Commonwealth. Pending. 
Bancroft, William L., v. Commonwealth. Pending. 
Bancroft, William I>., v. Commonwealth. Dismissed. 
Barnes, Israel L., et al. v. Commonwealth. Pending. 
Bartlett, Asenath M., v. Commonwealth. Pending. 
Bigelow, James A., v. Commonwealth. Pending. 
Bigelow, Joseph M., v. Commonwealth. Settled. 
Bond, Geo. F., v. Commonwealth. Settled. 
Bond, Louis, v. Commonwealth. Settled. 
Bo}Titon, Henry A., administrator, v. Commonwealth. Settled. 



166 ATTORNEY-GENERAL'S REPORT. [Jan. 

Bradley, Patrick, v. Commonwealth. Pending. 

Brigham, William H., v. Commonwealth. Pending. 

Brinkhaus, Franziska R., et at. v. Commonwealth. Settled. 

Brockleman, Clara, executrix, v. Commonwealth. Settled. 

Brown, George AY., v. Commonwealth. Settled. 

Bruce, William M., v. Commonwealth. Settled. 

Burgess, Thomas H., v. Commonwealth. Pending. 

Cavanaugh, Lawrence, v. Commonwealth. Settled. 

Chapman, Walter E., v. Commonwealth. Settled. 

Chapman, Walter E., v. Commonwealth. Settled. 

Chase, George H., v. Commonwealth. Pending. 

demons, Benjamin H., v. Commonwealth. Settled. 

Counter, Fred, v. Commonwealth. Settled. 

Cutting, Louis, administrator, v. Commonwealth. Pending. 

Cutting, Louis, v. Commonwealth. Settled. 

DeCourcey, Edward J., v. Commonwealth. Settled. 

Dix, J. Quincy, v. Commonwealth. Pending. 

Fairbanks, Edwin C, v. Commonwealth. Settled. 

Farnsworth, John E., v. Commonwealth. Pending. 

First Parish of Boylston v. Commonwealth. Pending. 

Fitch, Andrew L., v. Commonwealth. Settled. 

Fitzgerald, John, r. Commonwealth. Pending. 

Flanagan, Catherine, v. Commonwealth. Settled. 

Fuller, Willis A., v. Commonwealth. Pending. 

Fury, Lawrence, v. Commonwealth. Settled. 

Fyfe, Mary J., v. Commonwealth. Settled. 

Fyfe, Mary J., v. Commonwealth. Pending. 

Fyfe, Mary J., executrix, v. Commonwealth. Pending. 

Goodnow, Jennie L., v. Commonwealth. Settled. 

Graichen, Margaret, v. Commonwealth. Settled. 

Gray, Lizzie M., v. Commonwealth. Tried before commissioners. 
Report not filed. Pending. 

Gunderman, Christopher, v. Commonwealth. Settled. 

Harris, Addie K., v. Commonwealth. Settled. 

Harrity, Bridget, et als. v. Commonwealth. Settled. 

Harthan, S. E., v. Commonwealth. Settled. 

Haskell, William B., v. Commonwealth. Tried before commis- 
sioners. Report not filed. Pending. 

Hastings, George R., v. Commonwealth. Pending. 

Hastings, Mary J., executrix, v. Commonwealth. Pending. 

Hastings, Mary J., executrix, v. Commonwealth. Pending. 

Hastings, William H., v. Commonwealth. Pending. 



1907.] PUBLIC DOCUMENT — No. 12. 167 

Haynes, Henry F., v. Commonwealth. Tried before commis- 
sioners. Report not filed. Pending. 

Haynes, Sarah C, v. Commonwealth. Tried before commis- 
sioners. Report not filed. Pending. 

Heinold, John A., v. Commonwealth. Settled. 

Hoban, Bridget, et als. v. Commonwealth. Settled. 

Houghton, Robert C, et al. v. Commonwealth. Pending. 

Houghton, Robert C, et al. v. Commonwealth. Pending. 

Houghton, Robert C, et al. v. Commonwealth. Pending. 

Howe, Waldo B., v. Commonwealth. Settled. 

Huntington, Whitman M., v. Commonwealth. Settled. 

Hyde, Henry J., v. Commonwealth. Pending. 

Johnson, Charles S., v. Commonwealth. Settled. 

Johnson, Emory W., v. Commonwealth. Settled. 

Johnston, Robert, v. Commonwealth. Pending. 

Johnston, Robert, v. Commonwealth. Pending. 

Joyce, Bridget M., v. Commonwealth. Pending. 

Kendall, Everett, et al. v. Commonwealth. Pending. 

Kendall, Sanford C, v. Commonwealth. Pending. 

Keyes, Henry F., v. Commonwealth. Pending. 

Keyes, Jonathan M., v. Commonwealth. Settled. 

Keyes, Jonathan M., v. Commonwealth. Settled. 

Keyes, William W., v. Commonwealth. Settled. 

Kirby, Nellie M., v. Commonwealth. Pending. 

Kittredge, Catherine, v. Commonwealth. Settled. 

Kittredge, Catherine J., v. Commonwealth. Settled. 

Kittredge, Patrick A., et al. v. Commonwealth. Settled. 

Lambert, John, v. Commonwealth. Settled, 

Landy, Chas. C, v. Commonwealth. Pending. 

Lane, Margaret, v. Commonwealth. Pending. 

Lawrence, George D., v. Commonwealth. Settled. 

Longley, George H., v. Commonwealth. Settled. 

Longley, Olive E., executrix, v. Commonwealth. Pending. 

Maehnert, Joseph, v. Commonwealth. Settled. 

Mann, Eben C, v. Commonwealth. Tried before commissioners. 
Report not filed. Pending 

Mann, Eben C, v. Commonwealth. Dismissed. 

McAndrew, Hannah, v. Commonwealth. Settled. 

Moran, James, v. Commonwealth. Settled. 

Morrison, Patrick H., v. Commonwealth. Settled. 

Mulgren, James, v. Commonwealth. Settled. 

Myers, Elizabeth M., v. Commonwealth. Settled. 



168 ATTORNEY-GENERAL'S REPORT. [Jan. 

Nourse, Andrew L., v. Commonwealth. Pending. 

Nugent, Gertrude R., et al. v. Commonwealth. Settled. 

Nye, William A., v. Commonwealth. Settled. 

O'Brien, John F., v. Commonwealth. Pending. 

Ott, John S., V. Commonwealth. Pending. 

Parker, Emily W., v. Commonwealth. Settled. 

Peinert, Frederick R., v. Commonwealth. Settled. 

Plummer, George M., v. Commonwealih. Settled. 

Plummer, George M., v. Commonwealth. Pending. 

Prescott, John B. F., v. Commonwealth. Settled. 

Prescott, Martha E., v. Commonwealth. Pending. 

Provost, Gabriel, v. Commonwealth. Settled. 

Richter, Henry, Jr., v. Commonwealth. Settled. 

Roach, James, v. Commonwealth. Settled. 

Roach, James, v. Commonwealth. Settled. 

Rosenthal, William C, v. Commonwealth. Pending. 

Sawin, Charles B., v. Commonwealth. Settled. 

Scarlett, Andrew J., et al. v. Commonwealth. Settled. 

Scarlett, Andrew J., v. Commonwealth. Settled. 

Shattuck, George W., v. Commonwealth. Pending. 

Sirabian, Kayazan, v. Commonwealth. Settled. 

Smith, Arthur K., administrator, v. Commonwealth. Settled. 

Smith, Arthur K., administrator, v. Commonwealth. Settled. 

Stone, Henry B., v. Commonwealth. Pending. 

Stone, Howard D., r. Commonwealth. Pending. 

Stone, Howard D., v. Commonwealth. Pending, 

Stone, John E., v. Commonwealth. Pending. 

Taylor, Jennie W., administratrix, v. Commonwealth. Pending. 

Tonry, Margaret F., v. Commonwealth. Pending. 

Tyson, Caroline E., v. Commonwealth. Settled. 

Tyson, Caroline E., v. Commonwealth. Pending. 

Warren, Ellen S., v. Commonwealth. Settled. 

Waushacum Lake Company v. Commonwealth. Settled. 

Welch, James E., v. Commonwealth. Pending. 

West Boylston v. Commonwealth. Settled. 

West Boylston v. Commonwealth. Settled. 

West Boylston v. Commonwealth. Dismissed. 

West Boylston v. Commonwealth. Settled. 

White, Lucy, v. Commonwealth. Settled. 

Whiting, Alfred N., v. Commonwealth. Pending. 

Wilbur, William H., v. Commonwealth. Settled. 

Wilder, Joel T., et al. v. Commonwealth. Settled. 

Wilder, Joel T., et al. v. Commonwealth. Settled. 



1907.] PUBLIC DOCUMENT — No. 12. 169 

Willard, Luther, v. Commonwealth. Tried before commissioners. 
Report not filed. Pending. 

Wise, James E., v. Commonwealth. Settled. 

Wittig, Elizabeth, v. Commonwealth. Settled. 

Wood, J. Frank, et als. v. Commonwealth. Pending. 

Wood, J. Frank, et als. v. Commonwealth. Pending. 

W^ood, Lucy A., v. Commonwealth. Pending. 

Worcester, County Commissioners of, v. Commonwealth. Pend- 
ing. 

Worcester, County Commissioners of, r. Commonwealth. Pending. 

W^right, Nahum W., executor, v. Commonwealth. Pending. 

Wright, Susan G., v. Commonwealth. Settled. 

Zeigler, Eva K., v. Commonwealth. Settled. 

Zink, Bridget, v. Commonwealth. Settled. 

3. Massachusetts Highway Commission. 
Petitions to the Superior Court for a jury to assess damages 
alleged to have been sustained by the taking of land, or injury to 
land, by said commission. Under agreement with the Common- 
wealth most of these cases are defended by the various towns in 
which the land is situated. 

Barnstable County. 
Crowell, Thomas H., v. Commonwealth. Pending. 

Berkshire County. 
Coleman, Martin W., v. Commonwealth. Pending. 

Bristol County. 
Branco, Manuel J, de Silvia, v. Commonwealth. Pending. 
Chase, Alice P., v. Commonwealth. Pending. 
Cummings, Bertrand N., v. Commonwealth. Pending. 
Dary, Everett T., et al. v. Commonwealth. Pending. 
Lincoln, Benjamin A., v. Commonwealth. Pending. 
Lincoln, Edward T., administrator, v. Commonwealth. Pending. 
Lynch, George, et al. v. Commonwealth. Settled. 
Norris, Joseph H., v. Commonwealth. Pending. 
Paling, John E., v. Commonwealth. Pending. 
Seabury, Phoebe W., v. Commonwealth. Pending. 
Silvia, Joseph M., v. Commonwealth. Pending. 
Thornley, Thomas B., v. Commonwealth. Pending. 
Walker, Herbert N., administrator, v. Commonwealth. Pending. 



170 ATTORNEY-GENEKAL'S REPORT. [Jan, 



Essex County. 
Foster, George W., et als. v. Commonwealth. Pending. 
Graves, Isaiah, et al. v. Commonwealth. Pending. 
Ireson, Ellen W., et als. v. Commonwealth. Pending. 
Salem Savings Bank v. Commonwealth. Pending. 

Middlesex County. 
Barnes, George H., v. Commonwealth. Pending. 
Barnes, William, 2d, v. Commonwealth. Pending. 
Donovan, James H., v. Commonwealth. Settled. 
Griffin, John, et al. v. Commonwealth. Settled. 
Thimineur, Joseph, v. Commonwealth. Dismissed. 

Plymouth County. 
Daly, Julia M., v. Commonwealth. Pending. 
Hayden, Cora F., v. Commonwealth. Settled. 
Leach, Reuben, v. Commonwealth. Settled. 
Mace, Carrie I., v. Commonwealth. Settled. 
Mclntire, Bernard, v. Commonwealth. Settled. 

Worcester County. 
Merriam, Harriet M., v. Commonwealth. Pending. 
Sullivan, Kate, v. Commonwealth. Pending. 
Warren, Alice E. M., v. Commonwealth. Pending. 

4. Board of Harbor and Land Commissioners. 
Petitions to the Superior Court for assessment of damages 
caused by the taking of land by said commissioners. 

Sujfolk County. 
Butler, Philip H., v. Commonwealth. Pending. 
Lamb, George, et al. v. Commonwealth. Pending. 
Lamb, George, et al. v. Commonwealth. Pending. 

5. Charles River Basin Commissioners. 
Petitions to the Superior Court for assessment of damages caused 
by the taking of land by said commissioners. 

Middlesex County. 
Cohen, Isaac, et al. v. Commonwealth. Pending. 
Proctor, George O., v. Commonwealth. Pending. 
Ricker, Hazen E., et als. v. Commonwealth. Pending. 



I 



1907.] PUBLIC DOCUMENT — No. 12. 171 



6. Miscellaneous Cases from Above Commissions. 

Bristol County. 
Chace, Charles A., trustee, v. Commonwealth et als. Action of 

tort for damages caused by defects in State highway. Pending. 
Lawlor, John F., v. Austin Peters. Petition for assessment of 

damages for killing horse. R. L., c. 90. Non-suited. 

Essex County. 
Cilley, Orran G., v. Cattle Bureau. Petition to recover the value 
of cattle condemned by Cattle Bureau. Pending. 

Middlesex County. 
Austin, Eva A., v. State Board of Charity. Action of tort to 

recover damages caused by discharge of State ward afflicted 

with a contagious disease. Pending. 
Austin, William E., v. State Board of Charity. Action of tort to 

recover damages caused by discharge of State ward afflicted 

with a contagious disease. Pending. 
Cosgrove, Thomas E., Commonwealth v. Bill of complaint to 

compel defendant to remove buildings from line established 

by park commission. Settled. 
Gilmore, Jerome, administrator of estate of Alexander Gilmore, 

V. Dennis Shannahan et al. and Metropolitan Water and 

Sewerage Board, trustees. Action of tort to recover dam- 
ages for personal injuries. Settled. 
International Automobile and Vehicle Tire Company v. Park 

Commissioners. Bill in equity to restrain commissioners 

from proceeding with certain work on Charles River near 

Boylston Street in Newton. Dismissed. 
Mulready, William, Commonwealth v. Bill of complaint to require 

defendant to remove buildings from line established by park 

commission. Settled. 
Newton Rubber Works v. Wm. B. de las Casas et al. Petition of 

International Automobile and Vehicle Tire Company to be 

made a party to decree entered against the Newton Rubber 

Works. Pending. 

Norfolk County. 
National Contracting Company et al., Commonweahh v. Action 
of contract to recover on bond. Pending. 



172 ATTORNEY-GENERAL'S REPORT. [Jan. 



Suffolk County. 

American Bridge Company v. Commonwealth. Action of con- 
tract to recover for materials furnished in construction of 
park work. Pending. 

Atkins, Florence R., Commonwealth v. Bill in equity in regard 
to violation of building restrictions imposed by Metropol- 
itan Park Commission. Pending. 

Baker, Catherine A., v. Henry H. Sprague et al. Action of tort 
for damages caused by use of impure water furnished by 
water board. Settled. 

Baker, Fred W., v. Henry H. Sprague et al. Action of tort for 
damages caused by use of impure water furnished by water 
board. Settled. 

Baker, Freda E., v. Henry H. Sprague et al. Action of tort for 
damages caused by use of impure water furnished by water 
board. Settled. 

Baker, Walter J., v. Henry H. Sprague et al. Action of tort for 
damages caused by use of impure water furnished by water 
board. Settled. 

Bay State Hardware Company v. John W. Bruty and Common- 
wealth. Petition to establish lien. Settled. 

Bent, William H., et al. v. Henry W. Swift et al. Action of tort 
growing out of taking by Harbor and Land Commissioners 
of land and flats in South Bay. Pending. 

Boston, City of, v. Commonwealth. Petition under R. L., c. 12, 
§ 12, St. 1903, c. 161, to recover taxes on land taken by water 
board. Settled. 

Connolly, INIary E., v. Charles G. Craib. Action of tort to recover 
damages for personal injuries. Disposed of. 

Davis, James A., et al. v. Commonwealth et al. Petition to recover 
for labor and materials used in construction of sewer. Pend- 
ing. 

Dings, Emma, v. Metropolitan Water and Sewerage Board. Ac- 
tion of tort. Damage caused by impure water furnished by 
the defendant. Settled. 

Dings, Martin, r. INIetropolitan Water and Sewerage Board. Ac- 
tion of tort. Damages caused by impure water furnished 
by defendant. Settled. 

Doherty, James, v. Edward W. Everson et al. and Metropolitan 
Water and Sewerage Board. Action of tort. Damages 
caused by blasting. Pending. 



1907.] PUBLIC DOCUMENT — No. 12. 173 

Doherty, James, v. Commonwealth. Petition for assessment of 
damages caused by blasting for metropolitan sewer. Pend- 
ing. 

Doherty, Mary, v. Metropolitan Water and Sewerage Board et al. 
Action of tort. Damage caused by use of impure water fur- 
nished by defendant. Pending. 

Doherty, Mary E., v. Metropolitan Water and Sewerage Board 
et al. Action of tort. Damage caused by use of impure 
water furnished by the defendant. Pending. 

Dunican, Anna L., v. Metropolitan Water and Sewerage Board. 
Action of tort. Damages caused by impure water furnished 
by defendant. Pending. 

Eastman, Charles Albert, v. Board of Registration in Medicine. 
Bill in equity to enjoin Board from revoking certificate. Pend- 
ing. 

Gibbons, William H., v. Commonwealth. Damage caused by 
blasting in construction of metropolitan sewer. Pending. 

Hersey, Albert A., v. Commonwealth et als. Bill in equity to 
recover for labor and materials furnished in construction of 
metropolitan sewer in Melrose. Pending. 

Jones, Richard, v. Metropolitan Water and Sewerage Board et al. 
Action of tort. Damage caused by use of impure water fur- 
nished by defendants. Settled. 

McArthur Brothers Company v. Commonwealth. Petition to 
recover on contract with the Metropolitan Water and Sewer- 
age Board for construction of dam at Clinton. Pending. 

McGinniss, Margaret T., Commonwealth v. Bill in equity to re- 
strain defendant from encroaching on land of the Common- 
wealth. Pending. 

Metropolitan Contracting Company v. Commonwealth. Action 
of contract growing out of the construction of Saugus River 
bridge. Referred to auditor. Pending. 

Metropolitan Contracting Company v. Commonwealth. Action 
of contract growing out of the construction of Maiden River 
bridge. Referred to auditor. Pending. 

Minon, Joseph, Henry H. Sprague et als. v. Information to re- 
strain the defendant from boating on Lake Cochituate. Pend- 
ing. 

Natick, Commonwealth v. To recover for use of water of Lake 
Cochituate. Pending. 

Newell, Emma G., et al. v. Edw^ard W. Everson et al. Petition 
to recover for damages to property caused by the laying out 



174 ATTORNEY-GENERAL'S REPORT. [Jan. 

of boulevard in Revere. Commonwealth has funds of contrac- 
tor. Pending. 

Niland, Michael, i\ Commonwealth. Petition for assessment of 
damages caused by blasting for metropolitan sewer. Pend- 
ing. 

Niland, Michael, v. Edward W. Everson et al. and Metropolitan 
Water and Sewerage Board. Action of tort. Damages 
caused by blasting. Pending. 

Normile, Francis, v. Commonwealth of Massachusetts et al. Pe- 
tition for a jury to assess damages caused by construction of 
sewer in Roxbury. Pending. 

Normile, Francis, v. Edward W. Everson & Co. and Henry H. 
Sprague et al. Action of tort. 

Old Colony Construction Company, Commonwealth v. Action 
of contract to recover on bond. Pending. 

Pacific Surety Company v. Commonwealth et al. (McBride & Co.). 
Petition to recover from McBride & Co. certain sums ex- 
pended by petitioner. Pending. 

Raddin, Hiram A., et al., Commonwealth v. Bill in equity in 
regard to violation of building restrictions imposed by Metro- 
politan Park Commission. Pending. 

Steinmetz, Morris, v. J. J. Prindiville. Action of contract grow- 
ing out of work on hospital for tuberculosis patients. Dis- 
posed of. 

Thomas, Ljinan P., v. George M. Quirk et al. Action to re- 
cover for labor and materials furnished in construction of 
State highway. Pending. 

Urquhart, Carrie S., v. Metropolitan Water and Sewerage Board 
et al. Action of tort. Damage caused by impure water fur- 
nished by the defendant. Pending. 

Urquhart, Edwin N., v. Metropolitan Water and Sewerage Board 
et al. Action of tort. Damage caused by use of impure water 
furnished by defendant. Pending. 

Urquhart, N. Jefferson, v. Metropolitan Water and Sewerage 
Board et al. Action of tort. Damage caused by impure water 
furnished by the defendant. Pending. 

Williams, Frank, v. Commonwealth. Claim for damages for in- 
terference with carrying out of contract. Pending. 



1907.] PUBLIC DOCUMENT— No. 12. 175 



Worcester County. 
Fitch, Andrew L., v. Commonwealth. Action of tort to recover 

for damage to land and water rights in West Boylston caused 

by the takings of the Metropolitan Water and Sewerage 

Board. Settled. 
Twichell, Seth, v. Commonwealth et als. Action of contract. 

Settled. 
Walls, C. W., V. Commonwealth. Petition to recover for work 

performed on Worcester Insane Hospital. Pending. 

7. Cases arising under St. 1899, c. 457, "An Act to limit 
THE Height of Buildings in the Vicinity of the State 
House." 

Raymond, Lydia N., v. Commonwealth. Settled. 
Warren, Fiske, v. Commonwealth. Settled. 

8. State Board of Charity. 
(a) Actions of contract pending in the Superior Court to re- 
cover charges for the support of insane paupers in State insane 
hospitals, under the provisions of R. L., c. 87. 

Essex County. 
Chapin, Treasurer, v. Caroline D. Tarr. Pending. 

Middlesex County. 
Commonwealth v. Wayland. Pending. 
Shaw, Treasurer, v. Esau Cooper. Settled. 

Suffolk County. 
Bradford, Treasurer, v. Alice H. Knight, Pending. 
Bradford, Treasurer, v. Waltham. Pending. 
Bradford, Treasurer, v. Waltham. Pending. 
Chapin, Treasurer, v. Boston. Pending. 
Chapin, Treasurer, v. Greenfield. Pending. 
Chapin, Treasurer, v. Kelly. Pending. 
Chapin, Treasurer, v. Lowell. Pending. 
Chapin, Treasurer, v. Edward J. Macy. Settled. 
Chapin, Treasurer, v. McCurdy. Pending. 
Chapin, Treasurer, v. Newburyport. Settled. 
Chapin, Treasurer, v. Quincy. Pending. 



176 ATTORNEY-GENERAL'S REPORT. [Jan. 

Chapin, Treasurer, v. Somerville, City of. Pending. 
Chapin, Treasurer, v. Weymouth. Pending. 
Commonwealth v. Cambridge. Pending. 
Marden, Treasurer, v. Wahham. Pending. 

(b) Claims for support of insane paupers, upon which no suit 
has been commenced. 

Andrews, George F., for board of Daniel AY. Andrews at AVest- 
borough Insane Hospital. Settled. 

Athol, Town of, for board of paupers at State Hospital. Settled. 

Chaffee, Clara, against the city of Newi:on for board at Worcester 
Insane Hospital. Pending. 

Dougherty, John O., for board of Margaret O. Dougherty at 
Westborough Insane Asylum. Pending. 

Foxborough, Town of, for board of Mary F. Clark and Henry 
H. Morse at Massachusetts Hospital for Epileptics. Pend- 
ing. 

Freligh, E. V., for board of Mary E. Freligh at Westborough 
Insane Hospital. Pending. 

Galvin, Stephen P., for board of Calvin Baker at Worcester 
Insane Hospital. Pending. 

Holliston, Town of, for board of G. A. Loveday at Massachu- 
setts Hospital for Epileptics. Settled. 

Hough, Alexander B., for board of Julia F. Hough at Worcester 
Insane Hospital. Pending. 

Leominster, Town of, for board of paupers at State Hospital. 
Settled. 

Lincoln, Town of, for board of paupers at State Hospital. Settled. 

Lyman, Mary E., for board of Albert C. Lyman in Westborough 
Insane Hospital. Pending. 

Macy, Edward J., for board of Edward B. Macy at Worcester 
Insane Hospital. Pending. 

Moody, Convers, for board of Augusta A. Moody in Westborough 
Insane Hospital. Uncollectible. 

Newman, George W., for board of Rose E. Newman at West- 
borough Insane Hospital. Settled. 

Rice, Fannie, for board in Westborough Insane Hospital. Pending. 

Shannahan, Hannah, for board of Michael Shannahan at West- 
borough Insane Hospital. Uncollectible. 

Sheehan, John J., for board of Daniel F. Sheehan at Danvers 
Insane Hospital. Pending. 

Simmons, John, for board at Tewksbury State Hospital. Settled. 



1907.] PUBLIC DOCUMENT — No. 12. 177 

Smith, William A., for board of Harriet R. Smith at Westboroiigh 
Insane Hospital. Pending. 

Spencer, H. Warren, for board of Emma Wales at Massachusetts 
Hospital for Epileptics. Pending. 

Washburn, Charles G., guardian, for board of Laura J. Wood- 
ward at Taunton Hospital. Pending. 

Watertown, Town of, for board of Thomas Ladd at Worcester 
Insane Hospital. Pending. 

Wendmuth, E. R., for board of Ethel W. Wendmuth at Hospital 
for Epileptics. Uncollectible. 

Woburn, City of, for board of Minnie Sweeney at the Danvers 
Insane Hospital. Pending. 

Worcester, City of, for board of Charlotte D. Whitcomb at Worces- 
ter Insane Hospital. Pending. 

(c) Bastardy complaints brought under R. L., c. 82. 

Essex Comity. 
Howard, Laura, v. Victor Chapute. Pending. 
Townsend, Isabel G., v. George Collins. Disposed of. 



178 ATTOENEY-GENERAL'S EEPORT. [Jan. 



MISCELLANEOUS CASES. 



Agawam, Town of, for board of paupers at State Hospital. Settled. 

Ahern, Maurice, v. Newton & Boston Street Railway Company. 
Bill in equity in the Circuit Court of the United States to 
restrain the defendant from complying with the provisions 
of St. 1900, c. 197, relative to the transportation of scholars 
in the public schools by street railway companies. Dismissed. 

Allen, Daniel G. Petition of Attorney-General to withdraw 
money from savings bank, under R. L., c. 113, § 55. Pending. 

Allen, Frank D., estate of Lucy R. Allen. Claim by Metropol- 
itan Park Commission for rent for occupation of house taken 
for park purposes. Disposed of. 

American Birth Insurance Company, Attorney-General ex rel. v. 
Petition for appointment of receiver. F. W. Dallinger ap- 
pointed receiver. 

American Glue Company v. Common\vealth. Petition to recover 
tax alleged to have been unlawfully assessed. Pending. 

American Insurance Company, Insurance Commissioner v. Pe- 
tition for injunction and receiver. Injunction issued. Pend- 
ing. 

American Legion of Honor, Supreme Council, Attorney-General 
ex rel. v. Petition for injunction and receiver under R. L., 
c. 119. Henry A. Wyman appointed receiver. Pending. 

American Unitarian Association v. Commonwealth. Petition to 
Superior Court for a jury to assess damages sustained to 
property on Bowdoin Street, caused by lowering of grade. 
Settled. 

American Writing Paper Company et aL, Attorney-General v. 
Petition for an injunction to restrain respondents from dump- 
ing material into tide water. Discontinued as to American 
Writing Paper Company. Pending. 

Appleyard, Arthur E., petitioner. Petition for writ of habeas 



corpu 



Writ discharged 



Appleyard, Arthur E., petitioner. Petition for writ of habeas 



1907.] PUBLIC DOCUMENT — No. 12. 179 

corpus in United States Circuit Court. Mandate of Supreme 
Court of United States. 

Atlas Mutual Insurance Company, Frederick L. Cutting, Insur- 
ance Commissioner, v. Petition for injunction and receiver. 
Franklin T. Hammond appointed receiver. Pending. 

Attorney-General v. New York, New Haven & Hartford Railroad 
Company. Pending. 

Attorney-General ex rel. Commissioner of Corporations v. New 
York, New Haven & Hartford Railroad Company. Pending. 

Attorney-General v. Webster & Dudley Street Railway Company. 
Pending. 

Attorney-General v. Worcester & Webster Street Railway Com- 
pany. Pending. 

Atwater, William C, v. William M. Olin, Secretary of the Com- 
monwealth, et al. Bill in equity, under the statute licensing 
coal dealers, to restrain the Secretary of the Commonwealth 
from issuing a license to William C. Atwater & Co., Incor- 
porated. Dismissed. 

Baldwin, Walter H., et al., Commonwealth v. Bill in equity in 
regard to building in violation of restrictions imposed by 
Metropolitan Park Commission. Pending. 

Barker, Annie E., Bradford, Treasurer, v. Claim for tide water 
displaced in Boston harbor. Pending. 

Blake, Martha L., v. Commonwealth. Petition to Superior Court 
for damages caused by lowering the grade of Bowdoin Street. 
Pending. 

Boston V. Commonwealth. Sewer assessment on Rutherford Ave- 
nue, Charlestown. Pending. 

Boston & Gloucester Steamboat Company v. Commonwealth. 
Petition to recover taxes paid Commonwealth, alleged to be 
wrongfully assessed. Pending. 

Boston & Northern Street Railway Company. Claim for amount 
expended in relaying water pipes in Washington Street, Lynn, 
destroyed by electric currents. Pending. 

Boston Casualty Company, Attorney-General ex rel. v. Petition 
for injunction and appointment of a receiver. N. L. Sheldon 
appointed receiver. Pending. 

Boston Junk Collectors Association, Incorporated, Attorney- 
General ex rel. v. Information for failure to comply with 
R. L., c. 119, § 14. Pending. 

Boston Molasses Company v. Commonwealth. Petition to recover 
from Commonwealth amount of tax paid Boston under lease 
of lands of the Commonwealth. Rescript of full court. 



180 ATTORNEr-GENERAL'S REPORT. [Jan. 

Boston Society of New Jerusalem v. Commonwealth. Pending. 

Boston Yacht Club, petitioner. Petition to the Court of Land 
Registration to register the title to land in Marblehead. Pend- 
ing. 

Boyle, John, v. Hollis M. Blackstone, Superintendent State Farm. 
Action of contract for labor performed by plaintiff while an 
inmate of the State Farm. Pending. 

Bramard, Philip, estate of. Petition in the matter of said estate, 
which escheats to the Commonwealth. Decree. 

Brennan, James M., v. Charles E. Woodbury, Superintendent. 
Action of tort for personal injuries. Pending. 

Brockton Gas Light Company. Violation of R. L., c. 58, § 14. 
Gas of said company contamed more than twenty grains of 
sulphur. Disposed of. 

Burr, Arthur E., trustee in bankruptcy, v. Massachusetts School 
for the Feeble-minded. Action of contract. Pending. 

Cande, Frank H., et al, Arthur B. Chapin, Treasurer of the Com- 
monwealth, V. Action of contract to recover from sureties 
on bond of Charles W. Fuller, sheriff of Berkshire County. 
Settled. 

Charlestown Gas and Electric Company. Violation of R. L., c. 58, 
§ 14. Gas of said company contained more than 20 grains of 
sulphur. Disposed of. 

Cheney, Ansel J., v. Nathan Burtman. Petition for injunction 
to restrain respondent from proceeding with erection of build- 
ing in Lynn. Dismissed. 

Cheney, Ansel J., v. John J. Gilday. Petition in equity for in- 
junction to restrain defendant from proceeding with con- 
struction of schoolhouse in South Lawrence. Settled. 

Coburn, Charlotte R., estate of. Petition of Attorney-General to 
withdraw money from savings bank, under R. L., c. 113, 
§ 55. Pending. 

Coburn, Charlotte R., estate of. Petition of Attorney-General to 
withdraw money from savings bank, under R. L., c. 113, 
§ 55. Pending. 

Coburn, Charlotte R., estate of. Petition of Attorney-General to 
withdraw money from savings bank, under R. L., c. 113, 
§ 55. Pending. 

Codman, Edmund D., et al, trustees. Displacement of tide water. 
Settled. 

Collins, Joseph W., et al. v. James B. Hamblin. Petition to require 
the respondent to construct a fishway in dam on Acushnet 
River. Pending. 



1907.] PUBLIC DOCUMENT — No. 12. 181 

Colonial Life Association, Attorney- General v. Petition for in- 
junction and appointment of a receiver. Henry A. Wyman 
appointed receiver. Pending. 

Commonwealth v. City of Boston. Contract to recover cost of 
construction, etc., in widening Bowdoin Street. Settled. 

Commonwealth of Massachusetts v. City of Boston et ah. Supe- 
rior Court, Suffolk County. Pending. 

Commonwealth of Massachusetts v. City of Boston et als. Supe- 
rior Court, Suffolk County. Pending. 

Commonwealth v. City of Worcester. To recover for land taken 
from the Commonwealth. Pending. 

Corporation of Mutual Succor and Benevolence, Attorney-General 
ex rel. v. Information for failure to comply with R. L., c. 119, 
§ 14. Pending. 

Culver, J. N. Claim against Westborough Insane Hospital for 
injuries sustained while a patient therein. Pending. 

Curtis Manufacturing Company, petitioner. Petition to the Court 
of Land Registration to register the title to land on Curtis 
Pond. Decree. 

Gushing, Lawrence B., et al. v. Commonwealth. Petition to Supe- 
rior Court for damages caused by widening Bowdoin Street. 
Pending. 

Dana, Ripley L., petitioner. Petition to the Court of Land Regis- 
tration to register the title to land in Haverhill. Decree. 

Eagle Life Association, Attorney-General ex rel. v. Petition for 
an injunction and the appointment of a receiver. Injunction 
issued, and Alfred F. Lilley, Esq., appointed receiver. Pend- 
ing. 

East Boston Company, petitioner, v. Commonwealth. Appeal 
from decree of Court of Land Registration. Pending. 

East Boston Company, petitioner. Petition to Court of Land 
Registration for registration of title to petitioner's land. Pend- 
ing. 

Ellis, George H., Attorney- General ex rel. Harbor and Land Com- 
missioners V. Information in the Supreme Judicial Court 
for Middlesex County to protect the waters of a great pond 
under St. 1888, c. 318. Pending. 

Fall River, City of. Complaint of State Militia for failure to 
provide rifle range. Referred to District Attorney Swift. 
Pending. 

Family Protective Union, Attorney-General ex rel. v. Petition for 
injunction and appointment of receiver. Inj^nction issued, 
and Albert H. Chamberlain appointed receiver. Pending. 



182 ATTOKNEY-GENERAL'S REPORT. [Jan. 

Fielding;, Moses. Claim for sale of trunks from State Prison. 

Pending. 
Firemen's Fire Insurance Company, Insurance Commissioner v. 
Petition to the Supreme Judicial Court for Suffolk County 
for an injunction to restrain the defendant from removing 
its books and papers from the Commonwealth, and the ap- 
pointment of a receiver to recover its capital stock distributed 
without authority of law. Injunction issued. Defendant 
recovered its capital stock and deposited it with the Interna- 
tional Trust Company, as trustee. Pending. 

Fitzgerald, John, estate of. Petition of Attorney-General to with- 
draw money from savings bank, under R. L., c. 113, § 55. 
Decree. 

Flower, Archibald D., v. AVilliam M. Olin et al. Petition for 
mandamus. Dismissed. 

Flower, Archibald D., v. William M. Olin et al. Petition for 
Tnandamus. Dismissed. 

Flower, Archibald D., v. Francis ]M. Estey et al. Petition for 
certiorari. Dismissed. 

Flower, Archibald D., v. Francis M. Estey et al. Petition for 
certiorari. Dismissed. 

Fottler, Lucy Ann, et al. v. Commonwealth. Petition to Superior 
Court for damages caused by lowering grade of Bowdoin 
Street. Pending. 

Gardner Gas, Fuel and Light Company. Violation of R. L., 
c. 58, § 14. Gas of said company contained sulphuretted 
hydrogen. Disposed of. 

Gately, Mary M., guardian. Claim for displacement of tide water 
in Boston harbor. Settled. 

George H. Sampson Co. v. Commonwealth et ah. Bill of com- 
plaint. Pending. 

George H. Wood Company, Attorney-General v. Petition for an 
injunction to restrain respondent from dumping material into 
tide water. Pending. 

Gilford, Nathan P., v. Commonwealth et al. Petition to establish 
lien. Settled. 

Globe Investment Company, Savings Bank Commissioners v. 
Petition to the Supreme Judicial Court for Suffolk County, 
under St. 1888, c. 387, for an injunction and the appointment 
of a receiver. Injunction granted, and Henry A. Wvman 
appointed receiver. Pending. 

Golden Rule Alliance, Attorney-General e.x rel. v. Petition for 
an injunction and the appointment of a receiver. Injunction 
issued, and William H. Preble appointed receiver. Pending. 



1907.] PUBLIC DOCUMENT — No. 12. 183 

Goodhue, Nancy L., estate of. Petition of Attorney-General to 
withdraw money from savings bank, under R. I^., c. 113, § 55. 
Decree. 

Guardian Life Insurance Company, Insurance Commissioner v. 
Petition to the Supreme Judicial Court for Suffolk County 
for an injunction and the appointment of a receiver. In- 
junction issued, and Frank D. Allen, Esq., appointed receiver. 
Pending. 

Hadley Water Supply District, Commonwealth v. Taking of 
land of the Commonwealth at Hadlev. Pendincj. 

Hamlin, Huybertie Pruyn, petitioner. Petition to the Court of 
Land Registration to register the title to land in Mattapoisett. 
Pending. 

Hampden Corundum Wheel Company. Claim for machinery 
furnished by Northampton State Hospital. Settled. 

Hampden Trust Company, Commonwealth of Massachusetts v. 
Petition for injunction and receiver. Injunction issued, and 
Wm. W. McClench and Henry H. Bosworth made perma- 
nent receivers. Pending. 

Hampshire Savings Bank, Savings Bank Commissioners v. Peti- 
tion to the Supreme Judicial Court for Suffolk County for an 
injunction and the appointment of a receiver. Injunction 
issued, and Richard W. Irwin, Esq., and Benjamin E. Cook, 
Esq., appointed receivers. Pending. 

Hanover Bank, Commissioners of Savings Banks v. Petition for 
injunction and receiver. C. C. Barton, Jr.y appointed receiver. 

Hanson & Parker, Limited, v. Commonwealth. Petition to re- 
cover from Commonwealth amount of tax alleged to be un- 
lawfully assessed. Pending. 

Hanson, Lydia W., v. Commonwealth. Petition for damages 
caused by lowering grade of Bowdoin Street. Pending. 

Hardy, Sumner P., estate of. Petition of Attorney-General to 
withdraw money from savings bank, under R. L., c. 113, § 55. 
Decree. 

Hartwell, Esther, estate of. Petition of Attorney-General to 
withdraw money from savings bank, under R. L., c. 113, § 55. 
Decree. 

Haverhill Gas Light Company v. Gas and Electric Light Com- 
missioners et al. Bill in equity in the Circuit Court of the 
United States to restrain the Board from carrying out an 
order to decrease the price of gas in Haverhill. Pending. 

Hayward, William, estate of. Petition of Attorney-General to 
withdraw money from savings bank, under R. L., c. 113, 
§ 55. Decree. 



184 ATTORNEY-GE:^rEEAL'S REPORT. [Jan. 

Healey, J. Edward, v. Commonwealth. Petition under statute 
to recover money due plaintiff. Pending. 

Herrick, Frederick W., Attorney-General v. Petition in equity 
to gain possession of Snake Island in Chebacco Lake. Re- 
ferred to Alden P. White, auditor. Reserved for considera- 
tion of full court. Rescript. 

Hicks, Joseph A., v. Leslie E. Coffin et al. Action of tort for 
personal injuries. Disposed of. 

Hodgdon, Walter S. et al. v. Haverhill et al. Petition to reim- 
burse the city of Haverhill for all moneys expended for State 
Armory. Dismissed as to Commonwealth. 

Hogan, James, v. Commonwealth. Petition to recover for mate- 
rials furnished to contractor in construction of boulevard in 
Quincy. Pending. 

Hutchinson, Ida. Claim for services of nurse furnished by the 
Westborough Training School for Nurses. Uncollectible. 

Industrial Casualty Company, Attorney-General ex rel. v. Peti- 
tion for injunction and receiver. Jeremiah Smith, Jr., ap- 
pointed receiver. Pending. 

Interstate Consolidated Street Railway Company v. Common- 
wealth. Petition for writ of error. Pending. 

Kennedy, George C, et al., Bradford, Treasurer, v. Claim for 
tide-water displacement. Pending. 

Kilham, Oliver F., petitioner. Claim by petitioner for reimburse- 
ment for breaking up of wrecked schooner by Harbor and 
Land Commissioners, under R. L., c. 97. Disposed of. 

Knights of Justice, Order of. Insurance Commissioner v. Fail- 
ure to make annual report to Insurance Commissioner re- 
quired by St. 1899, c. 442, § 19. Pending. 

LaMoss, Ervin, v. Commonwealth. Petition to Superior Court 
for a jury to assess damages sustained to property on Bow- 
doin Street caused by lowering of the grade of Bowdoin Street. 
Pending. 

Lawrence, George P., et al., Arthur B. Chapin, Treasurer of the 
Commonwealth, v. Action of contract to recover from sure- 
ties on bond of Charles W. Fuller, sheriff of Berkshire County. 
Settled. 

Lever Suspension Brake Company. Excise tax for 1905. Settled. 

Maiden and Melrose Gas Light Company. Violation of R. L., 
c. 58, § 14. Gas of said company contained on three occa- 
sions more than ten grains of ammonia. Disposed of. 

Massachusetts Masonic Life Association, Attorney- General ex rel. 
Insurance Commissioner v. \ Petition to the Supreme Judi- 



1907.] PUBLIC DOCUMENT — No. 12. 185 

cial Court for Suffolk County for an injunction and a re- 
ceiver under St. 1896, c. 515, § 6. Injunction issued, and 
Jonathan Barnes, Esq., of Springfield, appointed receiver. 
Pending. 

Mather, Ellen E., estate of. Charles E. Mould, executor. Peti- 
tion to recover interest on inheritance tax. Pending. 

McEvoy, John W., Public Administrator, v. Charles F. Wyman, 
Russian Vice-Consul. Appeal from decree of Probate Court 
appointing John W. McEvoy public administrator to ad- 
minister the estate of Julius Sapoquick. Reserved for con- 
sideration of full court. Rescript. 

McQuesten, George, petitioner. Petition to the Court of Land 
Registration to register title to land in Marblehead. Pending. 

Melrose Mutual Fire Insurance Company, Insurance Commis- 
sioner V. Petition to the Supreme Judicial Court for Suffolk 
County for an injunction and the appointment of a receiver. 
Injunction issued, and Alpheus Sanford, Esq., appointed 
receiver. Pending. 

Metropolitan Life Insurance Company v. Commonwealth. Peti- 
tion to recover taxes alleged to have been illegally assessed. 
Pending. 

Mexican Central Railway Company, Limited, v. Commonwealth. 
Bill in equity to recover tax paid under protest. Reported to 
full court. Rescript. 

Montague, Town of. Claim for interest on State tax. Disposed of. 

Morgan, Daniel H. Violation of R. L., c. 121, § 26, in using 
streets of Springfield for transmission of electricity without 
the consent of the city. Pending. 

Mulhern, Daniel. Petition of Attorney-General to withdraw 
money deposited in East Cambridge Savings Bank for benefit 
of Daniel Mulhern. Pending. 

Mystic Wharf and Storage Company, Attorney-General v. Peti- 
tion for an injunction to restrain respondent from dumping 
material into tide water. Pending. 

National Assurance Company of Ireland v. Commonwealth. Bill 
to terminate trust. Pending. 

Neall, Frank L., et al. v. Commonwealth et al. Bill of complaint 
to establish a lien on funds held by treasurer under R. L., 
c. 118, § 94. Dismissed. 

New England & Savannah Steamship Company v. Common- 
wealth. Bill in equity to recover amount of corporation tax 
paid under protest. Pending. 

Newburyport Gas and Electric Company. Violation of R. L., c. 58, 



186 ATTORNEY-GENEKAL'S REPORT. [Jan. 

§ 14. Gas of said company of less than sixteen candle-power. 
Disposed of. 

Nickerson, Joseph. Claim for damage to State highway, caused 
by breaking of mill dam at South Yarmouth. Pending. 

Northern Mutual Relief Association, Attorney-General ex rel. 
Insurance Commissioner v. Petition to the Supreme Judi- 
cial Court for Suffolk County for an injunction and the ap- 
pointment of a receiver. Injunction granted, and Samuel 
H. Hudson of Boston appointed receiver. Pending. 

Norwood Gas Light Company. Violation of R. L., c. 58, § 14. 
Gas of said company contained sulphuretted hydrogen. Pend- 
ing. 

Norwood, Town of, Attorney-General ex rel. State Board of Health 
V. Information to enjoin town from violating orders of Board 
of Health. Interlocutory decree. 

Old Colony Railroad Company, Commonwealth v. Interest on 
corporation tax for 1904. Dismissed. 

O'Neil, John, et al. v. Commonwealth. Writ of error. Dismissed. 

Parsons, Henry. Claim for machinery furnished by Westborough 
Insane Hospital. Pending. 

Peterson, Andrew, petitioner. Petition to the Court of Land 
Registration to register the title to land in Quincy. Pending. 

Pittsfield Electric Street Railway Company. Petition by the 
Commonwealth for alteration of tracks of said railroad in 
Dalton. Disposed of. 

Preferred INIercantile Company, The, Commonwealth v. Peti- 
tion for appointment of a receiver. Burton P. Gray appointed 
receiver. Pending. 

Preston, Marcellus E. Petition of Attorney-General to withdraw 
money from savings bank, under R. L., c. 113, § 55. Pending. 

Provident Securities and Banking Company, Commissioners of 
Savings Banks v. Petition for appointment of receiver under 
St. 1902, c. 463. Alfred S. Hall and Charles F. Weed appointed 
custodians of property of the corporation. 

Raboin, Israel, executor, v. Louis Raboin, Jr., et al. Appeal from 
decree of Probate Court, allowing will of Louis Raboin, Sr. 
Pending. 

S. T. MaDan Company, Commonwealth v. Action of contract 
to recover for goods bought of Massachusetts State Prison. 
Pending. 

St. Calogero of Sciacca Mutual Succor Corporation, Attorney- 
General ex rel. v. Petition for appointment of receiver. 
Dismissed. 



I 



1907.] PUBLIC DOCUMENT — No. 12. 187 

Sargent, Clara J., v. State Board of Lunacy and Charity. Supe- 
rior Court, Essex County. Appeal on a complaint charging 
neglect of children under St. 1882, c. 181. Pending. 

Seabury, George T. Claim for damage to State highway, caused 
by breaking of mill dam at South Yarmouth. Pending. 

Smith, Maurice, v. Commonwealth. Petition for a writ of error 
to the Superior Court to reverse sentence. Disposed of. 

South Shore Masonic Mutual Relief Association of Massachu- 
setts, Insurance Commissioner v. Petition to the Supreme 
Judicial Court for Suffolk County, under St. 1895, c. 340, 
for an injunction and the appointment of a receiver. In- 
junction issued, and J. H. Flint appointed receiver. Pending. 

Springfield Gas Light Company. Violation of R. L., c. 58, § 14. 
Gas of said company contained more than twenty grains of 
sulphur. Disposed of. 

Stacey, George O., petitioner. Petition to the Court of Land Regis- 
tration to register the title to land in Gloucester. Disposed of.' 

Storer, John H., petitioner. Petition to the Court of Land Regis- 
tration to register the title to land in Winthrop. Decree. 

Strauss, Abe, v. Commonwealth. Petition for writ of error from 
United States Supreme Court. Pending. 

Strout, Edward E., et al., trustees of Little Nahant Land Com- 
pany, V. Albert E. Turner et al. Petition to the Court of 
Land Registration to register the title to land in Nahant. 
Pending. 

Sun Indemnity Assurance Society, Attorney-General v. ■ Peti- 
tion for an injunction and the appointment of a receiver. 
Injunction issued, and Prescott Keyes, Esq., appointed re- 
ceiver. Pending. 

Supreme Council of United Fellowship, Insurance Commissioner 
V. Petition to the Supreme Judicial Court for Suffolk County, 
under St. 1895, c. 340, for an injunction and the appointment 
of a receiver. Injunction issued, and Oscar Storer, Esq., of 
Boston, appointed receiver. Pending. 

Taunton Safe Deposit and Trust Company, Commonwealth of 
Massachusetts v. Petition for injunction and appointment 
of receiver. Frederick S. Hall appointed receiver. 

Taylor, Edgar B., et al. v. Robert Wilson and the Commonwealth 
of Massachusetts. Action of contract. Dismissed. 

Templeton Street Railway Company, Massachusetts Highway 
Commission v. Petition in equity to compel compliance 
with orders of board changing location of tracks of said com- 
pany. Pending before full court on appeal. 



188 ATTOENEY-GENERAL'S REPORT. [Jan. 

Titcomb, George H., v. Cape Cod Ship Canal Company, George 
A. INIarden, Treasurer, et al. Petition for injunction to re- 
strain the Treasurer of the Commonwealth from the payment 
of money under St. 1883, c. 259, and St. 1891, c. 397. Pending. 

Tufts, Nathan, et al., Bradford, Treasurer, v. Claim for tide 
water displaced in the Mystic River. Pending. 

Union Health and Accident Company, Attorney-General ex rel. 
V. Petition for injunction and appointment of a receiver 
under R. L., c. 120. Wilfred Bolster appointed receiver. 
Pending. 

Union Trust Company, Commonwealth of Massachusetts v. Pe- 
tition for injunction and receiver. Charles F. Choate, Jr., 
and Samuel W. McCall appointed receivers. Pending. 

United Brotherhood, Independent Order of Worcester, Incorpo- 
rated, Attorney-General ex rel. v. Petition for injunction 
and the appointment of a receiver. Injunction issued and 
Simon G. Friedman appointed receiver. Pending. 

United States v. Certain Land in Hull. Petition to condemn 
land in Hull. Disposed of. 

Vose, Julien W. Proceedings to abate filling of tide water with- 
out a license. Disposed of. 

Walker Ice Company. Claim for cost of repairs on State high- 
way. Settled. 

Wellesley College, petitioner. Petition to the Court of Land 
Registration to establish right to convey real estate. Attorney- 
General waived right to be heard. 

Wells, Frank H. Claim for tide-water displacement. Disposed of. 

Wenham Mutual Benefit Association, Attorney- General ex rel. v. 
Information for failure to comply with R. L., c. 119, § 14. 
Pending. 

Westborough Insane Hospital v. New York, New Haven & Hart- 
ford Railroad Company. Claim for damages to property of 
hospital caused by collision at Talbot. Disposed of. 

We}anouth, Town of, petitioner. Petition to the Court of Land 
Registration to register the title to land in Weymouth. At- 
torney-General waived right to be heard. 

Wildey Casualty Company, Attorney-General ex rel. Insurance 
Commissioner v. Petition to the Supreme Judicial Court for 
Suffolk County for an injunction and the appointment of a 
receiver. Injunction granted, and Archie N. Frost, Esq., of 
LawTence, appointed receiver. Pending. 

Willard, Joseph,, et al., trustees. Commonwealth v. Gas and Elec- 
tric Light Commissioners' tax for 1905. Pending. 



1907.] 



PUBLIC DOCUMENT — No. 12. 



189 



COLLECTIONS. 



Collections have been made by this department as follows : — 

Corporation taxes for the year 1905, overdue and referred 
by the Treasurer of the Commonwealth to the Attorney- 
General for collection, $35,290 36 

Interest, 378 49 

Costs, 986 86 

Miscellaneous, 96,363 04 

Total, $133,018 75 

The following table shows a detailed statement of the same : — 





Collfcted on 








Account of 


Interest. 


Totiils. 




Corporation Tax 








for 1905. 






A. B. & E. L. Shaw, 


$807 30 


$4 70 


$812 00 


A. G. Frothingham Company, . 


98 23 


39 


98 62 


A. S. Tucker Company, 


34 50 


24 


34 74 


Aldis Owen Hall's System of 








Business Enterprise, Incor- 








porated, .... 


8 88 


- 


8 88 


Allen & Fox Express Company, . 


345 00 


2 43 


347 43 


Allen-Randall Company, . 


17 25 


- 


17 25 


American Carpet Beater Com- 








pany, ..... 


16 56 


- 


16 56 


American Electric Sign Com- 








pany, 


51 75 


36 


52 11 


Asa R. Minard & Co., Incorpo- 








rated, ..... 


24 15 


25 


24 40 


B. & A. D, Fessenden Compan}-, . 


343 39 


1 72 


345 11 


Bach Piano Company, 


5 17 


27 


5 44 


Bay State Card and Paper Com- 








pany, 


819 37 


24 56 


843 93 


Belmont Coal Company, . 


94 34 


1 88 


96 22 


Ben Franklin Press, 


40 02 


2 40 


42 42 


Beverly Chemical and Supply 








Company, .... 


8 59 


- 


8 59 


Block Island Granite Associates, 


5 00 


" 


5 00 



190 



ATTORNEY-GENERAL'S REPORT. 



[J: 



an 





Collected on 








Account of 
Corporation Tax 


Interest. 


Totals. 




for 1905. 






Bon-Ton Millinery Company, . 


$51 75 


$0 79 


$52 54 


Boston Loan Company, . 


441 22 


2 20 


443 42 


Boston Mirror Company, . 


117 30 


5 04 


122 34 


Brockton Beef Company, . 


51 75 


1 56 


53 31 


Brockway-Smith Corporation, . 


1,353 09 


5 63 


1,358 72 


Brown Bag Filling ^lachine Com- 








pany, 


25 87 


17 


26 04 


Button Lumber Company, 


47 09 


35 


47 44 


C. E. Woodward & Co., Incorpo- 








rated, ..... 


186 30 


1 42 


187 72 


C. M. Clark Publishing Company, 


86 25 


- 


86 25 


C. W. Spencer Company, . 


68 62 


1 05 


69 67 


Canada Drug and Chemical Com- 








pany, 


5 17 


03 


5 20 


Cape iVnn Granite Railroad Com- 








pany, 


172 50 


98 


173 48 


Charles A. White Company, 


13 80 


05 


13 85 


Charles Holmes Machine Com- 








pany, 


138 51 


83 


139 34 


Charles P. Whittle Manufactur- 








ing Company, 


196 65 


79 


197 44 


Child Acme Cutter and Press 








Company, .... 


172 50 


72 


173 22 


Citizens Loan Association, 


172 50 


1 25 


173 75 


Clifford Barber Supphes Com- 








pany, 


17 25 


17 


17 42 


Clinton D. Martin Company, 


258 75 


2 36 


261 11 


Coe, Ray, Creelman Company, . 


1,229 06 


- 


1,229 06 


Cold Spring Grocery Company, . 


15 52 


08 


15 60 


Conners Brothers Construction 








Company, .... 


426 93 


1 71 


428 64 


Criterian Knitting Company, 


83 49 


30 


83 79 


Crocker Drug Company, . 


25 87 


- 


25 87 


Crompton ]\Iotor Carriage Works, 


25 87 


26 


26 13 


Cumberland Dock and Storage 








Company, .... 


44 50 


31 


44 81 


D. F. O'Connell Company, 


80 43 


57 


81 00 


D. L. Marshall Company, . 


155 25 


1 04 


156 29 


Daniel Gunn & Co., Incorporated, 


20 70 


60 


21 30 


Danvers Sporting Goods Com- 








pany, 


8 97 


18 


9 15 


Dowlnig Brothers Company, 


20 70 


- 


20 70 


Dudley Tailors, Incorporated, . 


181 12 


1 26 


182 38 


E. H. Smith Company, 


95 22 


67 


95 89 


E. J. Sahsbur}' Company, 


80 55 


3 38 


83 93 


E. P. Sanderson Company, 


1,121 25 


7 85 


1,129 10 


Eastern Bridge and Structural 








Company, .... 


163 87 


1 23 


165 10 


Eastern Portrait and Photo But- 








ton Company, 


36 91 


30 


37 21 



1907.] 



PUBLIC DOCUMENT — No. 12. 



191 





Collected on 








Account of 
Corporation Tax 


Interest. 


Totals. 




for 1905. 






Edward E. Shannon Company, . 


$86 25 


$1 72 


$87 97 


Elastic Pulp Plaster Manufactur- 








ing Company, . 


10 35 


06 


10 41 


Electric Cable Joint Company, . 


17 18 


17 


17 35 


Elmer Chickering Company, 


517 50 


- 


517 50 


Elmore Chemical Company, 


26 91 


20 


27 11 


F. Anderson Piano Company, . 


32 77 


30 


33 07 


F. P. Wahlgren, 


53 95 


1 89 


55 84 


Farrington Printing Company, . 


60 37 


42 


60 79 


Felton-Turner Heating Com- 








pany, 


172 84 


5 18 


178 02 


Felz-Goodman Company, 


26 22 


18 


26 40 


Foreign Language Press Com- 








pany, ..... 


232 87 


4 64 


237 51 


Fred H. Lucas Carriage Com- 








pany, 


431 25 


- 


431 25 


Fred T. Ley & Co., Incorporated, 


34 50 


17 


34 67 


Frost & Hawes Company, . 


230 28 


92 


231 20 


Frost Oil Clothing Company, 


13 80 


26 


14 06 


Gardner Gas, Fuel and Light 








Company, .... 


49 42 


69 


50 11 


General De-Greasing Company, . 


70 72 


2 05 


72 77 


George A. Sutherland Company, 


20 70 


10 


20 80 


George L. Belleden Company, . 


31 05 


12 


31 17 


Graham Company, . 


126 27 


51 


126 78 


Grout Brothers Automobile Com- 








pany, 


1,130 22 


7 91 


1,138 13 


H. F. Ross Company, 


138 00 


2 07 


140 07 


H. M. Kinports Company, 


82 80 


3 56 


86 36 


H. 0. Nute Company, 


86 25 


- 


86 25 


Hanover Printing Company, 


17 25 


12 


17 37 


Harrington's Auto Station No. 1, 


10 35 


28 


10 63 


Helliwell Company, . 


1,380 44 


9 66 


1,390 10 


Hibbard & Mason, Incorporated, 


96 25 


72 


96 97 


Homer Foot & Co., Incorporated, 


414 00 


2 90 


416 90 


Horace S. Johnson & Co., Incor- 








porated, .... 


155 25 


4 66 


159 91 


Horse Neck Beach Street Rail- 








way Company, 


381 22 


13 47 


394 69 


Hoyle Lumbering Company, 


86 25 


3 45 


89 70 


H u b 1 e y Manufacturing and 








Supply Company, 


60 37 


42 


60 79 


I. W. Black Piano Company, 


23 90 


86 


24 76 


Importers and Traders Leather 








Company, .... 


50 00 


- 


50 00 


International Construction Com- 








pany, 


41 40 


41 


41 81 


J. A. Cummings Printing Com- 








pany, ..... 


86 25 


60 


86 85 


J. C. Cowles Company, 


25 87 


~ 


25 87 



192 



ATTORNEY-GENERAL'S REPORT. 



[Jan, 





Collected on 








Account of 
Corporation Tax 


Interest. 


Totals. 




for 1905. 






J. D. Jewett Company, 


S414 00 


$1 80 


$415 80 


J. H. Butler Lumber Company, . 


186 30 


1 56 


187 86 


J. H. Gerlach Company, . 


324 30 


2 05 


326 35 


J. J. Kennedy Liquor Company, . 


10 35 


25 


10 60 


J. M. Howard & Son Company, . 


75 90 


2 43 


78 33 


James Barrett Manufacturing 








Company, .... 


500 25 


1 86 


502J11 


John Cavanagh & Son Building 








Moving Company, 


258 75 


1 81 


260 56 


John W. Cawley Company, 


17 25 


09 


17 34 


Jordan & Bradley. Incorporated, 


13 80 


- 


13 80 


Kaplan & Finkbeiner Company, 


12 50 


19 


12 69 


Klein's Pharmacy, . 


431 25 


1 80 


433 05 


Knox Automobile Company, 


1,687 05 


14 91 


1,701 96 J 


Koval Manufacturing Company, 


28 41 


19 


28 60 


Lang & Jacobs Company, 


112 12 


45 


112 57 


Lawrence Machine Company, . 


210 22 


84 


211 06 


LeBaron Foundry Company, 


253 57 


1 69 


255 26 


Leo E. Bova Company, 


88 83 


3 81 


92 64 


Lord & Co., Incorporated, . 


276 00 


2 76 


278 76 


Lynn Base Ball and Amusement 








Compan}', .... 


86 25 


36 


86 61 


Lynn Ice Company, 


316 81 


2 11 


318 92 


Lynn Shoe Company, 


25 87 


15 


26 02 


Manufacturers Bottle Company, . 


58 65 


88 


59 53 


^Marshall Electric Manufacturing 








Company, .... 


655 50 


4 59 


660 09 


Massachusetts Automobile Com- 








pany, 


6 90 


13 


7 03 


Massachusetts School of Law, In- 








corporated, .... 


17 25 


09 


17 34 


Massachusetts Stone Company, . 


13 11 


66 


13 77 


Mayo Contracting Company, 


86 25 


36 


86 61 


Meadow Brook Farm Company, . 


43 12 


32 


43 44 


Mechanical Co-operative Com- 








pany, ..... 


25 87 


1 11 


26 98 


Mellish & Byfield Company, 


517 50 


- 


517 50 


Model Laundering Company, 


56 92 


85 


57 77 


MoUins Veterinary Remedy and 








Food Company, . 


6 21 


- 


6 21 


Morrill Construction Company, . 


58 65 


- 


58 65 


Mount Desert Granite Com- 








pany, 


5 71 


- 


5 71 


N. Richardson Sons Manufactur- 








ing Company, 


73 65 


55 


74 20 


Napier Motor Compan}^ of Amer- 








ica, ..... 


1,312 72 


6 56 


1,319 28 


Navin & Kelly Company, 


181 12 


1 25 


182 37 


New England Bolt and Nut Com- 








pany, 


750 37 


5 18 


755 55 



1907.] 



PUBLIC DOCUMENT — No. 12. 



193 



Collected on 

Account of 

Corporation Tax 

for 1905. 



Interest. 



New England Dredging Com 

pany, .... 
New England Mackintosh Com- 
pany, . . . . 
New Western Reduction Com- 
pany, .... 
Newman the Shoeman, Incorpo 

rated, .... 
News Publishing Company of 

Marlboro, 
N i c h o 1 s-Magee Construction 

Company, 
Noyes & Dewar Company, 
Oakbirch Park Corporation, 
Old Colony Seam-Face Granite 

Company, 
Patrick Gillon Company, . 
Paul N. Raymond Company, 
Peabody Candy Company, 
People's Coal, Ice and Lumber 

Company, 
People's Combination Clpthing 

Company, 
People's Ice Company of Worces 

ter, . . 

Pierrepont Mills Corporation, 
Prince Medicine Company, 
Prudential Corporation, 
Quincy Market Gardening Com 

pany, .... 
R. L. Cleveland Company, 
R. L. Perry Company, 
Rosary Floral Company, . 
S. Armstrong Company, . 
Shady Hill Nursery Company, 
Silas Pierce & Co., Limited, 
Simons Shoe Company, 
Small, Maynard & Co., Incorpo 

rated, .... 
Sovereigns Co-operative Associa 

tion of Webster, Mass., . 
Spatula Publishing Company, 
Standard Lumber Company, 
Stephen Jennings Company, 
Suffolk Supply Companj^, 
Svea Construction Compan}^, 
Talbot Chemical Company, 
Taunton Evening News, . 
Thomas Stone Boat Building 
Company, . . . . 



$448 50 


$35 88 


77 60 


39 


22 50 


81 


31 05 


1 36 


12 26 


- 


345 00 


_ 


103 50 


80 


30 22 


60 


7 07 


10 


259 26 


86 


43 61 


- 


180 07 


12 42 


345 00 


5 17 


258 75 


3 27 


68 48 


3 15 


69 00 


1 02 


30 39 


1 52 


17 25 


74 


31 05 


1 86 


72 45 


15 


258 75 


1 68 


8 62 


- 


51 75 


21 


431 25 


12 65 


1.807 48 


32 53 


38 98 


- 


172 50 


1 10 


32 94 


_ 


87 97 


50 


51 75 


1 45 


35 36 


53 


30 17 


30 


32 77 


34 


20 70 


39 


58 65 


1 35 


63 30 


66 



$484 38 

77 99 

23 31 

32 41 

12 26 

345 00 
104 30 

30 82 

7 17 
260 12 

43 61 
192 49 

350 17 

262 02 

71 63 
70 02 

31 91 
17 99 

32 91 

72 60 
260 43 

8 62 
51 96 

443 90 

1,840 01 

38 98 

173 60 

32 94 
88 47 
53 20 
35 89 
30 47 

33 11 
21 09 
60 00 

63 96 



194 



ATTORNEY-GENERAL'S REPORT. 



[Jan, 





Collected on 








Account of 
Corporation Tax 


Interest. 


Totals. 




for 1905. 






Thurston Manufacturing Com- 








pany, ..... 


$17 25 


$0 15 


$17 40 


Torkelson Manufacturing Com- 








pany, ..... 


217 24 


5 36 


222 60 


Union Brick and Machine Com- 








pany, ..... 


5 17 


- 


5 17 


United Die Block Company, 


11 38 


- 


11 38 


United States Credit Company, . 


43 12 


1 88 


45 00 


United States Security Company, 


87 11 


87 


87 98 


United States Translucent Com- 








pany, 


5 17 


- 


5 17 


Up-to-Date Manufacturing Com- 








pany, ..... 


20 70 


- 


20 70 


Vego Company, 


112 12 


48 


112 60 


W. F. Plummer Drug Company, 


172 50 


86 


173 36 


W. S. Fiander Company, . 


29 32 


34 


29 66 


Waltham Mercantile Company, . 


20 70 


- 


20 70 


Warren, Brookfield & Spencer 








Street Railway Company, 


702 07 


6 55 


708 62 


Warren Steam Pump Company, . 


1,238 86 


8 46 


1,247 32 


Westhampton Water Company, . 


8 62 


- 


8 62 


Wm. Bourne & Son Piano Com- 








pany, 


136 05 


75 


136 80 


WiUiam S. Hills Compan}^, 


675 02 


3 49 


678 51 


Wm. T. Bonner Company, 


163 28 


5 17 


168 45 


Wilham T. True Company, 


18 19 


14 


18 33 


Worcester Sanitarium Company, 


32 60 


75 


33 35 


Worcester Transcendent Light 








Company, .... 


103 50 


72 


104 22 


Worcester Wood and Lumber 








Company, .... 


11 21 


09 


11 30 




$35,290 26 


$378 49 


$35,668 75 



Miscellaneous Collections. 

A. Klipstein & Co., penalty for failure to file on time cor- 
poration return, ....... 

A. X. Greenwood Oil Company, penalty for failure to file 
on time corporation return, ..... 

Acme Thread Works, penalty for failure to file on time 
corporation return, ....... 

JEtnsL Securities Company, penalty for failure to file on 
time corporation return, ...... 

Agawam, Town of, board of paupers at State Hospital, . 

Aid-Ant Remedy Company, penalty for failure to file on 
time corporation return, ...... 



$50 00 


10 


00 


15 


00 


25 


00 


69 37 



25 00 



1907.] PUBLIC DOCUMENT — No. 12. 195 

Airified-Gas Heating and Power Company, penalty for 

failure to file on time corporation return, 
Aldrich Manufacturing Company, penalty for failure to 

file on time corporation return, ..... 
Allan Clark & Sons Corporation, penalty for failure to file 

on time corporation return, ..... 
Allen & Fox Express Company, penalty for failure to file 

on time corporation return, ..... 
Allen School of West Newton, The, penalty for failure to 

file on time corporation return, ..... 
Ambler & Hobart Company, The, penalty for failure to 

file on time corporation return, ..... 
American Automatic Feed Water Regulator Company, 

penalty for failure to file on time corporation return, . 
American Bridge and Structural Preserving Company, 

penalty for failure to file on time corporation return, . 
American Citizen Company, penalty for failure to file on 

time corporation return, ...... 

American Cotton Yarn Company, penalty for failure to 

file on time corporation return, ..... 
American Department Store Company, penalty for failure 

to file on time corporation return, .... 
American Machine Manufacturing Company, penalty for 

failure to file on time corporation return, 
American Mezzo Tint Company, penalty for failure to file 

on time corporation return, ..... 
.American Mica Company, penalty for failure to file on 

time corporation return, ...... 

American Mosaic Company, penalty for failure to file on 

time corporation return, ...... 

American Oriental Rug Company, The, penalty for failure 

to file on time corporation return, .... 
American Promoting and Trustee Company, penalty for 

failure to file on time corporation return. 
Annals Publishing Company, penalty for failure to file on 

time corporation return, ...... 

Anthony Peters Manufacturing Company, corporation tax, 

1905, 

Arthur Treat Company, penalty for failure to file on time 

corporation return, ....... 

Associated Dealers Credit Bureau, penalty for failure to 

file on time corporation return, ..... 
Athol, Town of, board of paupers at State Hospital, 
Attleborough Manufacturing Company, penalty for failure 

to file on time corporation return, .... 
Atwood Preserving Company, penalty for failure to file on 

time corporation return, ...... 



$50 00 


50 00 


50 00 


50 00 


12 50 


25 00 


15 00 


50 00 


40 00 


5 00 


25 00 


20 00 


25 00 


5 00 


5 00 


15 00 


50 00 


25 00 


169 46 


25 00 


15 00 


10 40 


50 00 


15 00 



196 ATTORNEY-GENERAL'S REPORT. [Jan. 

Automobile Sales Company, The, penalty for failure to file 

on time corporation return, ..... $50 00 

Avery L. Rand Company, penalty for failure to file on 

time corporation return, ...... 25 00 

Avon Woolen j\Iills Company, penalty for failure to file on 

time corporation return, ...... 50 00 

Ayer Electric Light Company, Gas and Electric Light 

Commissioners' tax, . . . . . . 6 19 

B. & E. Corporation, The, penalt}" for failure to file on time 

corporation return, ....... 25 00 

Baker, Bois & Watson Company, penalty for failure to file 

on time corporation return, ..... 5 00 

Ball Bearing Companj^, penalty for failure to file on time 

corporation return, . . . . . . . 10 00 

Barthel Blow Lamp Company, penalty for failure to file 

on time corporation return, . . . . . 15 00 

Bay State Distilling Company, penalty for failure to file on 

time corporation return, . . . . . . 10 00 

Bay State Shoe and Leather Company, penalty for failure 

to file on time corporation return, . . . . 25 00 

Beacon Electric Compan}', penalty for failure to file on 

time corporation return, ...... 5 00 

Bear Creek Oil Company, penalty for failure to file on 

time corporation return, ...... 25 00 

Belmont Coal Company, penalty for failure to file on time 

corporation return, ....... 70 00 

Belvidere Woolen Manufacturing Company, penalty for 

failure to file on time corporation return, . . . 45 00 

Bemis Car Truck Company, penalty for failure to file on 

time corporation return, ...... 50 00 

Bemis Mills, penalty for failure to file on time corporation 

return, 50 00 

Best Baking Company, penalty for failure to file on time 

corporation return, ....... 10 00 

Beverly Manufacturing Companj', penalty for failure to 

file on time corporation return, ..... 50 00 

Beverly Printing Company, penalty for failure to file on 

time corporation return, . . . . . . 10 00 

Blake & Knowles Steam Pump Works, penalty for failure 

to file on time corporation return, . . . . 20 00 

Block Plant Electric Light Company, penalty for failure 

to file gas return on time, . . . . . 10 00 

Bloomberg Brothers Company, Incorporated, penalty for 

failure to file on time corporation return, . . . 25 00 

Borden & Remington Company, penalty for failure to file 

on time corporation return, . . . . . 25 00 



1907.] PUBLIC DOCUMENT— No. 12. 197 

Borelli Silk Company, penalty for failure to file on time 

corporation return, . . . . . . . $15 00 

Boston & Haverhill Despatch Company, The, penalty for 

failure to file on time corporation return, . . . 75 00 

Boston Advertising Company, penalty for failure to file on 

time corporation return, ...... 25 00 

Boston Advocate Company, penalty for failure to file on 

time corporation return, . . . . . . 10 00 

Boston Beef Company, penalty for failure to file on time 

corporation return, ....... 10 00 

Boston Blower Company, The, penalty for failure to file on 

time corporation return, . . . . . . 100 00 

Boston, City of, cost of construction in lowering grade of 

Bowdoin Street, 60,765 20 

Boston Cornice and Skylight Company, penalty for failure 

to file on time corporation return, . . , . 25 00 

Boston Cycle and Sundry Company, penalty for failure to 

file on time corporation return, . . . . . 15 00 

Boston Leather Trimming Company, penalty for failure to 

file on time corporation return, . . . . . 25 00 

Boston Pier or the Long Wharf, Proprietors of, penalty for 

failure to file on time corporation return, . . . 40 00 

Bourn-Hadley Company, penalty for failure to file on time 

corporation return, ....... 40 00 

Bovox Company, penalty for failure to file on time corpo- 
ration return, . . . . . . . . 100 00 

Brigham Woolen Company, Incorporated, penalty for fail- 
ure to file on time corporation return, . . . 25 00 
Brockton Beef Company, penalty for failure to file on time 

corporation return, ....... 35 00 

Brockton Gas Light Company, penalty for failure to fur- 
nish gas of standard quality, . . . . . 100 00 

Brookside Worsted Mills, penalty for failure to file on time 

corporation return, ....... 50 00 

Bunker Hill Carriage Company, penalty for failure to file 

on time corporation return, . . . . . 50 00 

Burke & Co., Incorporated, penalty for failure to file on 

time corporation return, ...... 50 00 

C. H. Eden Company, penalty for failure to file on time 

corporation return, ....... 50 00 

C. L. York Company, penalty for failure to file on time 

corporation return, ....... 40 00 

C. S. Cummings Company, penalty for failure to file on 

time corporation return, . . . . . . 10 00 

Cahill Manufacturing Company, penalty for failure to file 

on time corporation return, ..... 10 00 



198 ATTORNEY-GENERAL'S REPORT. [Jan. 

Cande, Frank H., et al, claim on bond of Chas. W. Fuller, 

sheriff of Berkshire County, ..... $1,654 52 
Cape Light, Heat and Power Company, penalty for failure 

to file on time gas return, ...... 25 00 

Carbondale Machine Company, penalty for failure to file 

on time corporation return, . . . . . 50 00 

Carrabassett Mineral Spring Water Company, penalty for 

failure to file on time corporation return, . . . 50 00 

Cedar Street Grocery Company, penalty for failure to file 

on time corporation return, ..... 25 00 

Chandler ^Machine Company, penalty for failure to file on 

time corporation return, ...... 35 00 

Charles A. Snow Company, penalty for failure to file on 

time corporation return, . . . . . 35 00 

Charlestown Gas and Electric Company, penalty for sup- 
plying poor gas, ....... 100 00 

Chelmsford Foundry Company, penalty for failure to file 

on time corporation return, . . . . . 50 00 

Cheshire, Town of, board of Harry T. Phillips at State 

Farm, 328 80 

Chester Manufacturing Company, penalty for failure to 

file on time corporation return, . . . . 25 00 

Chicopee Gas Light Company, penalty for failure to file on 

time gas return, . . . . . . . 10 00 

Child Acme Cutter and Press Company, The, penalty for 

failure to file on time corporation return, . . . 25 00 

Clark Publishing Company, penalty for failure to file on 

time corporation return, ...... 35 00 

Clifton Nail and Supply Company, The, penalty for failure 

to file on time corporation return, . . . . 50 00 

Coburn Barnes Company, The, penalty for failure to file on 

time corporation return, ...... 25 00 

Codman, Edmund D., et al., tide water displaced at Love- 
joy's wharf, Charlestown, 1,200 00 

Cohannet Silver Company, penalty for failure to file on 

time corporation return, ...... 40 00 

Cole Church Organ Company, penalty for failure to file on 

time corporation return, ...... 25 00 

Colonial Steel Company, penalty for failure to file on time 

corporation return, ....... 100 00 

Concord School Company, penalty for failure to file on time 

corporation return, ....... 25 00 

Consolidated Cranberry Company, penalty for failure to 

file on time corporation return, . . . . 10 00 

Consolidated Dental Manufacturing Company, penalty for 

failure to file on time corporation return, . . . 200 00 



1907.] PUBLIC DOCUMENT — No. 12. 199 

Contractors Machinery Rental and Transportation Com- 
pany, penalty for failure to file on time corporation 
return, . . . . . 

Cooper, Esau, for board at Worcester Insane Hospital, . 

Coots School of Elocution and Dramatic Art, Incorporated, 
penalty for failure to file on time corporation return, 

CorneHus Callahan Company, The, penalty for failure to 
file on time corporation return, .... 

Corono Kid Company, penalty for failure to file on time 
corporation return, ....... 

Corporation Security Company, penalty for failure to file 
on time corporation return, ..... 

Crawford Printing Company, The, penalty for failure to 
file on time corporation return, .... 

Crocker Drug Company, penalty for failure to file on 
time corporation return, ...... 

Crown Motor Car Company, penalty for failure to file on 
time corporation return, ...... 

D. F. 'Council Company, penalty for failure to file on time 
corporation return, ....... 

D'Arcy & Sons Company, penalty for failure to file on time 
corporation return, ...... 

Dalton-Ingersoll Manufacturing Company, penalty for 
failure to file on time corporation return, . 

Dana Confectionery Company, penalty for failure to file 
on time corporation return, ..... 

Daniel Gunn & Co., Incorporated, penalty for failure to file 
on time corporation return, ..... 

Dartmouth, Town of, board of Clarissa Ayers at Taunton 
Insane Hospital, and of Clara N. Gifford, William A. 
Jackson and Thomas F. Bailey at Medfield Insane 
Asylum, ......... 

Davis & Dudley Ice Cream Company, penalty for failure 
to file on time corporation return, .... 

Davis Electric Manufacturing Company, penalty for fail- 
ure to file on time corporation return, 

Davis Ice Cream Company, penalty for failure to file on 
time corporation return, ...... 

Dedham & Hyde Park Gas and Electric Light Company, 
penalty for failure to file gas return on time, 

Dodge Advertising Agency, Incorporated, penalty for fail- 
ure to file on time corporation return. 

Dodge Lubricator Company, penalty for failure to file on 
time corporation return, ...... 

Dover, Town of, board of Carl F. Souther at Hospital for 
Epileptics, ........ 



$50 00 


1,250 00 


5 00 


25 00 


25 00 


50 00 


10 00 


10 00 


35 00 


20 00 


25 00 


15 00 


25 00 


25 00 


467 68 


30 00 


50 00 


25 00 


15 00 


25 00 


15 00 


118 86 



200 ATTORNEY-GENERALS REPORT. [Jan. 

Draper Publishing Company, penalty for failure to file on 

time corporation return, . . . . . . $10 00 

Dr. Weinstein's Medical Offices, Incorporated, penalty for 

failure to file on time corporation return, ... 25 00 

Dupuis Manufacturing Company, penalty for failure to 

file on time corporation return, ..... 25 00 

E. & R. Laundry Company, The, penalty for failure to file 

on time corporation return, . . . . . 50 00 

E. C. Tarr Company, penalty for failure to file on time 

corporation return, ....... 25 00 

E. H. Mahoney Chair Company, penalty for failure to file 

on time corporation return, ..... 25 00 

E. H. Saxton Company, penalty for failure to file on time 

corporation return, ....... 25 00 

E. L. Grimes Company, penalty for failure to file on time 

corporation return, ....... 25 00 

E. T. Kicker Shoe Company, penalty for failure to file on 

time corporation return, . . . . . . 10 00 

E. W. Lynch Furniture Company, penalty for failure to 

file on time corporation return, . . . . 50 00 

East Boston Gas Company, penalty for failure to file gas 

return on time, ....... 5 00 

East Cambridge Five Cent Savings Bank, unclaimed de- 
posit deposited by judge of probate, . . . 90 00 
Eastern Chemical Company, penalty for failure to file on 

time corporation return, ...... 25 00 

Eastern Terra Cotta Brick and Tile Company, penalt}^ for 

failure to file on time corporation return, . . . 25 00 

Ehrman Manufacturing Company, penalty for failure to 

file on time corporation return, . . . . 25 00 

Electric Maintenance Company, penalty for failure to file 

on time corporation return, . . . , . 15 00 

Electric Textile Machinery Company, penalty for failure to 

file on time corporation return, . . . . . 10 00 

Electrical Advertising Company, penalty for failure to file 

on time corporation return, . . . . . 10 00 

Elektron Manufacturing Company, penalt}^ for failure to 

file on time corporation return, . . . . 50 00 

Erickson Electric Equipment Company, penalty for failure 

to file on time corporation return, . . . . 10 00 

Estes Mills, penalty for failure to file on time corporation 

return, 75 00 

Fall River Bottlers' Association, penalty for failure to file 

on time corporation return, . . . . . 50 00 

Fall River Cold Storage Company, penalty for failure to file 

on time corporation return, . . . . . 10 00 



1907.] PUBLIC DOCUMENT — No. 12. 201 

Fall River Granite Company, penalty for failure to file on 

time corporation return, ...... $25 00 

Federal Clay Manufacturing Company, penalty for failure 

to file on time corporation return, . . . . 50 00 

Felz-Goodman Company, The, penalty for failure to file on 

time corporation return, ...... 20 00 

Fisher-Churchill Company, The,^ penalty for failure to file 

on time corporation return, . . . . . 15 00 

Foster Bogs Company, penalty for failure to file on time 

corporation return, ....... 30 00 

Foster Rubber Company, penalty for failure to file on time 

corporation return, . . . . . . . 100 00 

Fowle's Arlington Mills, penalty for failure to file on time 

corporation return, . . . . . . . 10 00 

Framingham Hotel Company, The, penalty for failure to 

file on time corporation return, ..... 40 00 

Framingham, Town of, board of Arthur M. Sanger and 

James F. Fitzgibbon at Foxborough State Hospital, . 34 36 

Francis Fastener Company, penalty for failure to file on 

time corporation return, . . . . . . 25 00 

FrankHn, Town of, board of Howard J. Folger at Fox- 
borough State Hospital, ...... 60 82 

Fred T. Ley & Co., Incorporated, penalty for failure to file 

on time corporation return, ..... 25 00 

Frye & Crawford Drug Company, The, penalty for failure 

to file on time corporation return, . . . . 10 00 

Gallagher & Munro Company, penalty for failure to file on 

time corporation return, ...... 25 00 

Garden City Shoe Company, penalty for failure to file on 

time corporation return, ...... 20 00 

Gardner Egg Carrier Company, penalty for failure to file on 

time corporation return, ...... 25 00 

Gardner Gas, Fuel and Light Company, Gas and Electric 

Light Commissioners' tax, . . . . . 1 1 38 

Gardner Gas, Fuel and Light Company, penalty for failure 

to file on time gas return, ...... 5 00 

Gardner Gas, Fuel and Light Company, penalty for failure 

to furnish gas of standard quality, . . . . 100 00 

Gardner Theatre Company, penalty for failure to file on 

time corporation return, ...... 25 00 

Gately, Mary M., guardian, tide water displaced in South 

Bay, 950 00 

Gay Head Fire Brick Company, penalty for failure to file 

on time corporation returns, . . . . . 50 00 

Geisel Automobile Company, penalty for failure to file on 

time corporation return, ...... 50 00 



202 ATTORXEY-GENERAL'S REPORT. [Jan. 

General De-Greasing Company, penalty for failure to file 

on time corporation return, ..... $25 00 

General Screw Machine Company, penalty for failure to 

file on time corporation return, . . . 25 00 

George E. Marsh Company, penalty for failure to file on 

time corporation return, . . . . . . 100 00 

George H. Wood Company, penalty for failure to file on 

time corporation return, . . . . . 125 00 

Goldena Manufacturing Company, penalty for failure to 

file on time corporation return, . . . . 40 00 

Good Springs Smelting and Developing Company, The, 

penalty for failure to file on time corporation return, . 10 00 

Great Barrington, Town of, board of Luther B. Brusie at 

Foxborough State Hospital, 99 22 

Great Barrington, Town of, board of Dennis E. Broderick 

at Hospital for Dipsomaniacs, . . . . . 43 18 

Great Barrington, Town of, board of John Lewis at North- 
ampton Insane Hospital, . . . . . . 76 61 

Great Island Land and Improvement Company, penalty 

for failure to file on time corporation return, . , 100 00 

Greenfield Recorder Company, The, penalty for failure to 

file on time corporation return, . . . . . 10 00 

Gutta Percha and Rubber Manufacturing Company, pen- 
alty for failure to file on time corporation return, . 100 00 
H. E. Webster Company, penalty for failure to file on time 

corporation return, ....... 25 00 

H. F. Ross Company, penalty for failure to file on time 

corporation return, . . . . . . . 15 00 

H. W. Dunning & Co., Incorporated, penalty for failure to 

file on time corporation return, . . . . . 25 00 

Hackett Brothers Company, penalty for failure to file on 

time corporation return, . . . . . . 10 00 

Hampden Corundum Wheel Company, claim of North- 
ampton State Hospital, ...... 269 40 

Harrington's Auto Station No. 1, penalty for failure to file 

on time corporation return, . . . . . 15 00 

Harrington Press, The, penalty for failure to file on time 

corporation return, ....... 25 00 

Harvey & Gage Amusement Company, penalty for failure 

to file on time corporation return, . . . . 25 00 

Hatch Accumulator Company, penalty for failure to file 

on time corporation return, . . . " . . 50 00 

Haverhill Gas Light Company, penalty for failure to file 

on time corporation return, ..... 200 00 

Haverhill Gas Securities Company, penalty for failure to 

file on time corporation return, . . . . . 25 00 



1907.] PUBLIC DOCUMENT — No. 12. 203 

Hayes Manufacturing Company, penalty for failure to file 

on time corporation return, ..... $50 00 

Hayward & Litch Express Company, penalty for failure to 

file on time corporation return, ..... 5 00 

Help Yourself School, Incorporated, penalty for failure to 

file on time corporation return, ..... 10 00 

Henry M. Peyser Company, penalty for failure to file on 

time corporation return, ...... 25 00 

Henry Wood's Sons Company, penalty for failure to file on 

time corporation return, ...... 50 00 

Higgins & Gifford Boat Manufacturing Company, penalty 

for failure to file on time corporation return, . . 50 00 

Hill & Bouve, board of Mary E. Davis at Westborough In- 
sane Hospital, 200 00 

Hingston Safety Envelope Company, penalty for failure 

to file on time corporation return, .... 5 00 

Holden's Stable, penalty for failure to file corporation re- 
turn, 10 00 

Holmes Market Company, The, penalty for failure to file 

on time corporation return, . . . . . 25 00 

Hooper, Lewis & Co., penalty for failure to file on time cor- 
poration return, ....... 200 00 

Horace K. Turner Corporation, penalty for failure to file 

on time corporation return, ..... 35 00 

Horse Neck Beach Street Railway Company, corporation 

tax, 1904, 401 96 

Ideal Manufacturing Company, penalty for failure to file 

on time corporation return, . . . . . 50 00 

Indestructible Fence Post Company, The, penalty for fail- 
ure to file on time corporation return, . . . 50 00 

Inheritance tax and interest from various executors and 

administrators in Suffolk County, .... 2,827 62 

International Automobile and Vehicle Tire Company, pen- 
alty for failure to file first papers, . . . . 90 00 

International Royal Phone Company, penalty for failure 

to file on time corporation return, . . . . 25 00 

Ipswich, Town of, board of Lothrop H. Hoggshall at Dan- 

vers Insane Hospital, ...... 45 04 

Ipswich, Town of, board of Sarah E. Smith and Maria 

Royal at Danvers Insane Hospital, . . . . 65 47 

Ipswich, Town of, board of Sarah Adams at Danvers In- 
sane Hospital, ....... 72 43 

Ipswich, Town of, board of Sarah E. Smith and Hiram 

Parlee at Danvers Insane Hospital, . . . . 49 68 

J. B. Cook Piano Company, penalty for failure to file on 

time corporation return, ...... 25 00 



204 ATTORNEY-GENERAL'S REPORT. [Jan. 

J. C. Cowles Company, penalty for failure to file on time 

corporation return, ....... 

J. H. Butler Lumber Company, penalty for failure to file 

on time corporation returns, ..... 
J. H. Dalton Company, penalty for failure to file on time 

corporation return, ....... 

J. L. Hammett Company, penalty for failure to file on time 

corporation return, ....... 

J. W. Jordan Company, penalty for failure to file on time 

corporation return, ....... 

Jackson Patent Shell Roll Corporation, The, penalty for 

failure to file on time corporation return, 
Jacobs & Sons Company, account corporation tax, 1904, . 
Jamaica Printing Company, penalty for failure to file on 

time corporation returns. ...... 

James & Abbott Company, penalty for failure to file on 

time corporation return, ...... 

Jenkins-Phipps Company, penalty for failure to file on 

time corporation return, ...... 

John Boyd Company, penalty for failure to file on time 

corporation return, ....... 

John Foster Company, penalty for failure to file on time 

corporation return, ....... 

Johnston Lumber Company, penalty for failure to file on 

time corporation return, ...... 

Jordan Paper Compan}^, penalty for failure to file on time 

corporation return, ....... 

Joseph Ross Corporation, penalty for failure to file on time 

corporation return, ....... 

Josiah Webb & Co., Limited, penalty for failure to file on 

time corporation return, ...... 

Karnak Chemical Company, penalty for failure to file on 

time corporation return, ...... 

Kendall Building Company, penalty for failure to file on 

time corporation return, ...... 

Kilham, Oliver F., reimbursement for breaking up of 

wrecked schooner by Harbor and Land Commission- 
ers, ......... 

Kneil Coal Company, penalty for failure to file on time 

corporation return, ....... 

Kress Brothers Carriage Company, penalty for failure to 

file on time corporation return, ..... 
L. L. Brown Paper Company, penalty for failure to file on 

time corporation return, ...... 

Lamb Eye Shield Company, penalty for failure to file on 

time corporation return, ...... 



$5 00 


65 00 


25 


00 


10 00 


35 00 


25 


00 


5 


00 


15 


00 


25 00 


10 


00 


25 


00 


30 00 


25 00 


25 


00 


25 


00 


20 


00 


10 00 


30 


00 


225 


00 


10 


00 


25 


00 


50 00 


25 


00 



1907.] PUBLIC DOCUMENT — No. 12. 205 

Larsson Whip Company, penalty for failure to file on time 

corporation return, ....... $25 00 

Lawrence, Geo. P., et al., claim on bond of Chas. W. Fuller, 

sheriff of Berkshire County, 4,622 78 

Lawrence Produce Company, The, penalty for failure to 

file on time corporation return, ..... 4 00 

Leicester Polar Spring Company, penalty for failure to file 

on time corporation return, . . . . . 25 00 

Leominster, Town of, board of paupers at State Hospital, . 23 77 

Lever Suspension Brake Company, penalty for failure to 

file on time corporation return, . . . . . 50 00 

Lincoln-Littlefield Hat Company, penalty for failure to 

file on time corporation return, . . . . . 10 00 

Lincoln, Town of, board of paupers at State Hospital, . 66 97 

Linscott Motor Company, penalty for failure to file on time 

corporation return, . . . . . . . 10 00 

Lou Dillon Veterinary Remedy Company, penalty for fail- 
ure to file on time corporation return, . . . 40 00 

Lowell. & Fitchburg Electric Company, penalty for failure 

to file on time corporation return, . . . . 10 00 

Lowell Five Cents Savings Bank, unclaimed deposit de- 
posited by judge of probate, ..... 670 71 

Lundin Steel Casting Company, The, penalty for failure 

to file on time corporation return, . . . . 40 00 

Lynn Re-Toe Last Company, penalty for failure to file on 

time corporation return, ...... 25 00 

Lynn Shoe Company, penalty for failure to file on time 

corporation return, ....... 25 00 

Lynn Shoe Manufacturers Association, Incorporated, pen- 
alty for failure to file on time corporation return, . 25 00 

M. L. Hiller & Sons, penalty for failure to file on time cor- 
poration return, ....... 25 00 

Macy, Edward J., board of Edward B. Macy at Worcester 

Insane Hospital, . . . . . • • 125 00 

Magic Clasp Garter Company, penalty for failure to file on 

time corporation return, . . . . . . 10 00 

Maiden & Melrose Gas Light Company, penalty for failure 

to furnish gas of standard quality, .... 400 00 

Malteaux Company, The, penalty for failure to file on time 

corporation return, ....... 35 00 

Mansfield Furnace and Coal Company, penalty for failure 

to file on time corporation return, . . . . 50 00 

Marher Publishing Company, penalty for failure to file on 
time corporation return, ...... 25 00 

Martin Shoe Machinery Company, penalty for failure to 

file on time corporation return, . . . . . 25 00 



206 ATTORNEY-GENERAL'S REPORT. [Jan. 

Massachusetts Loan and Guarantee Company, penalty for 

failure to file on time corporation return, 
Massachusetts Stove Company, penalty for failure to file 

on time corporation return, ..... 
McBarron Company, penalty for failure to file on time 

corporation return, ...... 

McCaul Brothers Foundry Company, penalty for failure to 

file on time corporation return, ..... 
Meade Roofing and Cornice Company, penalty for failure 

to file on time corporation return, .... 
Mercantile Law and Collection Company, penalty for fail- 
ure to file on time corporation return. 
Metropolitan Collections Company, penalty for failure to 

file on time corporation return, ..... 
Middlesex Institution for Sa\dngs, unclaimed deposits de- 
posited by judge of probate, ..... 
Misses Giant zberg, Incorporated, penalty for failure to file 

on time corporation return, ..... 
Mollins Veterinary Remedy and Food Company, The, 

penalty for failure to file on time corporation return. 
Monarch Clothing Company, penalty for failure to file on 

time corporation return, ...... 

Montague Co-operative Creamery Association, The, pen- 
alty for failure to file on time corporation return, 
Montague, Town of, interest on State tax, 
Morrill Leather Company, penalty for failure to file on 

time corporation return, ...... 

Morse International Agency, penalty for failure to file on 

time corporation return, ...... 

Mt. Cardigan Lumber Company, penalty for failure to file 

on time corporation return, ..... 
Mt. Pleasant Quarry Company, penalty for failure to file 

on time corporation return, ..... 
Mutual District Messenger Company of Boston, penalty 

for failure to file on time corporation return. 
Mystic Publishing Company, The, penalty for failure to 

file on time corporation return, ..... 
Nantucket Central Railroad, Railroad Commissioners' tax, 
National Roller Chafe Iron Company, penalty for failure 

to file on time corporation return, .... 
National Wrapping Paper Company, penalty for failure 

to file on time corporation returns, .... 
Nelson Manufacturing Company, penalty for failure to file 

on time corporation return, ..... 
Nesmith Shoe Company, penalty for failure to file on time 

corporation return, ....... 



$5 


00 


25 00 


50 00 


40 


00 


50 


00 


10 


00 


25 00 


1,076 83 


10 00 


20 00 


35 00 


25 


00 


24 


40 


25 


00 


25 


00 


5 


00 


25 


00 


60 


00 


25 00 


2 


75 


25 


00 


50 


00 


10 00 


100 


00 



1907.] PUBLIC DOCUMENT — No. 12. 207 

New Bedford Extractor Company, penalty for failure to 

file on time corporation return, ..... $50 00 

New Can Company, The, penalty for failure to file on time 

corporation return, . . . . . . . 10 00 

New England Adamant Company, penalty for failure to 

file on time corporation return, . . . . , 25 00 

New England & Savannah Steamship Company, The, pen- 
alty for failure to file on time corporation return, . 20 00 

New England Comb Company, Incorporated, penalty for 

failure to file on time corporation return, . . . 25 00 

New England Granite Company, penalty for failure to file 

on time corporation return, . . . . 100 00 

New England Hen Nest Manufacturing Company, penalty 

for failure to file on time corporation return, . . 25 00 

New England Mineral Company, The, penalty for failure 

to file on time corporation return, . . . . 25 00 

New Magnolia Hotel Company, penalty for failure to file 

on time corporation return, . . . . . 25 00 

New Marshall Engine Company, The, penalty for failure 

to file on time corporation return, . . . . 50 00 

New Massachusetts Loan Company, Limited, penalty for 

failure to file on time corporation return, . . . 50 00 

Newburyport, City of, board of Margaret Hale Knight at 
Westborough Insane Hospital, ..... 327 17 

Newburyport Gas and Electric Company, penalty for fail- 
ure to furnish gas of standard quality, . . . 100 00 

Newman, George W., claim for board of Rose E. Newman 

at Westborough Insane Hospital, . . . . 13 00 

Norfolk Blanket Cleansing Company, penalty for failure 

to file on time corporation return, . . . . 25 00 

Norwell, Town of, board of Bridget Shea at State Alms- 
house, ......... 36 40 

Norwood Engineering Company, penalty for failure to file 

on time corporation return, . . . . . 25 00 

0. P. Blomquist Company, The, penalty for failure to file 

on time corporation return, . . . . . 35 00 

Old Colony Press, penalty for failure to file on time corpo- 
ration return, ........ 25 00 

P. Creedon Company, penalty for failure to file on time 

corporation return, ....... 25 00 

P. Garvin, Incorporated, penalty for failure to file on time 

corporation return, ....... 25 00 

Page Electric Company, penalty for failure to file on time 

corporation return, ....... 25 00 

Page Motor Vehicle Company, The, penalty for failure to 

file on time corporation return, . . . . . 15 00 



208 ATTORNEY-GENERAL'S REPORT. [Jan. 

Page Storms Drop Forge Company, penalty for failure to 

file on time corporation return, . . . . , $10 00 
Parmenter & Polsey Fertilizer Company, penalty for fail- 
ure to file on time corporation return, . . . 25 00 
Parsons, Henry, for machinery sold by Westborough In- 
sane Hospital, 200 00 

Parsons Machinery Company, penalty for failure to file on 

time corporation return, ...... 50 00 

Parsons Manufacturing Company, penalty for failure to 

file on time corporation return, . . . . 15 00 

Paymaster Mining Company, penalty for failure to file on 

time corporation return, ...... 50 00 

Peabody Candy Company, penalty for failure to file on 

time corporation return, ...... 25 00 

Peabody Granite Company, penalty for failure to file on 

time corporation return, ...... 25 00 

People's Coal, Ice and Lumber Company, penalty for fail- 
ure to file on time corporation return, . . . . 20 00 

People's Gas and Electric Company, penalty for failure to 

file on time gas return, ...... 25 00 

Peptett Dyspepsia Cure Company, penalty for failure to 

file on time corporation return, . . . . . 15 00 

PhilHps Flushing Tank Company, penalty for failure to file 

on time corporation return, . . . . . 50 00 

PhilKpston Trap Rock Company, penalty for failure to file 

on time corporation returns, . . . . . 50 00 

Pierce, Grace A., estate of, inheritance tax and interest on 

legacy of $500 to collateral heirs, . . . . 88 00 

Pierson Pharmacy Company, The, penalty for failure to 

file on time corporation return, . . . . . 10 00 

Pilgrim Foundry Company, penalty for failure to file on 

time corporation returns, ...... 50 00 

Poland Paper Company, penalty for failure to file on time 

corporation return, . . . . . . . 10 00 

Porter Livery Company, penalty for failure to file on time 

corporation return, . . . . . . . 25 00 

Prentiss Tool and Supply Company, penalty for failure to 

file on time corporation return, . . . . . 25 00 

Provincetown, Town of, board of Patrick McCarthy at 

Foxborough State Hospital, ..... 36 68 

Public Stock and Grain Company, penalty for failure to 

file on time corporation return, . . . . . 10 00 

Puritan Construction Companj', penalty for failure to file 

on time corporation return, . . . . . 25 00 

Quincy Public Market Company, The, penalty for failure 

to file on time corporation return, . . . . 10 00 



I 



1907.] PUBLIC DOCTOIENT — No. 12. 209 

R. Farland & Sons Company, penalty for failure to file on 

time corporation return, . . . . . . $15 00 

R. H. Smith Manufacturing Company, The, penalty for 

failure to file on time corporation return, . . . 25 00 

Randolph, Town of, board of Phihp L. Hand at Fox- 
borough State Hospital, ...... 42 07 

Realty Development Corporation, penalty for failure to 

file on time corporation return, . . . . . 10 00 

Reed-Underhill Company, The, penalty for failure to file 

on time corporation return, . , . . . 25 00 

Rehoboth, Town of, board of Ehza C. Pierce at Taunton 

Insane Hospital, ....... 41 79 

Reynolds Machine Company, penalty for failure to file on 

time corporation return, ...... 50 00 

Rhode Island Worsted Company, penalty for failure to 

file on time corporation return, . . . . 50 00 

Richard French Iron Works, penalty for failure to file on 

time corporation return, ...... 40 00 

Rivett Dock Company, penalty for failure to file on time 

corporation return, ....... 25 00 

Robinson-Brockway Manufacturing Company, penalty for 

failure to file on time corporation return, . " . . 50 00 

Roller Bar Door Closer Company, penalty for failure to 

file on time corporation return, . . . . 25 00 

Rose Cures Company, The, penalty for failure to file on 

time corporation return, ...... 25 00 

Rubberhide Company, penalty for failure to file on time 

corporation return, ....... 25 00 

S. D. Grossman Company, penalty for failure to file on 

time corporation return, ...... 25 00 

Salem Press Company, The, penalty for failure to file on 

time corporation return, ...... 25 00 

Sanitary Plumbing Company, The, penalty for failure to 

file on time corporation return, . . . . . 10 00 

Schipper Brothers Coal Mining Company, Incorporated, 

penalty for failure to file on time corporation return, . 50 00 

Scully, John T., tide-water displacement in Charles 

River, 660 00 

Sharon, Town of, board of George F. McMillan at Fox- 
borough State Hospital, ...... 54 33 

Sheldon Brothers Company, penalty for failure to file on 

time corporation return, ...... 25 00 

Simmons, John, estate of, board at the State Hospital at 

Tewksbury, 39 20 

Simms & Co., Incorporated, penalty for failure to file on 

time corporation return, ...... 15 00 



210 ATTORNEY-GENERAL'S REPORT. [Jan. 

Skalon Whip Company, The, penalty for failure to file on 
time corporation return, . 

Small, Maynard & Co., Incorporated, penalty for failure 
to file on time corporation return, .... 

Smith Brothers Manufacturing Company, penalty for fail- 
ure to file on time corporation return, 

Smith Premier Typewriter Company, penalty for failure 
to file on time corporation return, .... 

Smith, Reuben John, estate escheat to Commonwealth, . 

South Shore Grain Company, penalty for failure to file on 
time corporation return, ...... 

Springfield Co-operative ]\Iilk Association, The, penalty 
for failure to file on time corporation return, 

Springfield Gas Light Company, penalty for failure to fur- 
nish gas of standard quality, ..... 

Springfield Steam Power Company, penalty for failure to 
file on time corporation return, ..... 

Standard Butter Company, penalty for failure to file on 
time corporation return, ...... 

Standard Chemical Company, penalty for failure to file on 
time corporation return, ...... 

Standard Indicator Company, penalty for failure to file on 
time corporation return, ...... 

Standard Light Manufacturing Company, penalty for fail- 
ure to file on time corporation return, 

Stanley Instrument Company, penalty for failure to file 
on time corporation return, ..... 

Staso Company, penalty for failure to file on time corpora- 
tion return, ........ 

Stetson Press, Incorporated, The, penalty for failure to 
file on time corporation return, .... 

Stirling Mills, penalty for failure to file on time corpora- 
tion return, ........ 

Stone Express Company, penalty for failure to file on time 
corporation return, ....... 

Stoneville Company, penalty for failure to file on time 
corporation return, ....... 

Stopford & Dodge Company, penalty for failure to file on 
time corporation return, ...... 

Suffolk Co-Press, The, penalty for failure to file on time 
corporation return, . . . . ' . 

Suspension Transportation Company, penalty for failure 
to file on time corporation return, .... 

Suttons Mills, penalty for failure to file on time corpora- 
tion return, ........ 

Swampscott Gelatine Company, penalty for failure to file 
on time corporation return, ..... 



$25 00 


25 00 


25 00 


100 00 


1,303 00 


25 00 


25 00 


400 00 


50 00 


30 00 


25 00 


50 00 


10 00 


25 00 


50 00 


25 00 


50 00 


10 00 


50 00 


15 00 


235 00 


15 00 


25 00 


35 00 



1907.] PUBLIC DOCUMENT — No. 12. 211 

Swithin Brothers Granite Company, penalty for failure to 

file on time corporation return, ..... $50 00 

T. Frank Nightingale Company, The, penalty for failure 

to file on time corporation return, . . . . 35 00 

Taunton Base Ball Association, The, penalty for failure 

to file on time corporation return, . . . . 15 00 

Thomas O'Callaghan Company, penalty for failure to file 

on time corporation return, ..... 200 00 

Thomas J. Young Company, penalty for failure to file on 

time corporation return, . . . . . . 10 00 

Three Pelloids Company, The, penalty for failure to file on 

time corporation return, ...... 5 00 

Tide Water Broken Stone Company, penalty for failure 

to file on time corporation return, . . . . 10 00 

Trimount Rotary Power Company, penalty for failure to 

file on time corporation return, . . . . . 25 00 

Tucker Corporation, The, penalty for failure to file on 

time corporation return, . . . . . . 15 00 

Turners Falls Lumber Company, penalty for failure to file 

on time corporation return, . . . . . 25 00 

Twentieth Century Amusement Company, The, penalty 

for failure to file on time corporation returns, . . 50 00 

Tyringham, Town of, board of George L. Bosworth at 

Foxborough State Hospital, . . . . . 103 07 

U. S. Mill Supply Company, brooms furnished by Fox- 
borough State Hospital, . . . . . . 412 50 

Union Construction Company, penalty for failure to file on 

time corporation return, ...... 35 00 

Union Credit Company, penalty for failure to file on time 

corporation return, . . . . . . . 15 00 

Union Desk Company, penalty for failure to file on time 

corporation return, ....... 20 00 

Union Investment Company, penalty for failure to file on 

time corporation return, . . . . . . 10 00 

Union Tool Company, penalty for failure to file on time 

corporation return, ....... 50 00 

United States Appraisal Company, penalty for failure to 

file on time corporation return, . . . . . 25 00 

United Supply and Machinery Company, penalty for fail- 
ure to file on time corporation return, . . . 50 00 
University Cut Glass Company, The, penalty for failure to 

file on time corporation return, . . . . . 10 00 

Utah Apex Mining Company, penalty for failure to file on 

time corporation return, ...... 50 00 

Verac Motor Car Company, penalty for failure to file on 

time corporation return, ...... 5 00 



212 ATTORNEY-GENERAL'S REPORT. [Jan. 

Vista Hermosa Company, The, penalty for failure to file 
on time corporation return, ..... 

Vocalion Organ Company, penalty for failure to file on 
time corporation return, ...... 

Vose Manufacturing Company, penalty for failure to file 
on time corporation return, ..... 

W. F. Plummer Drug Company, penalty for failure to file 
on time corporation return, ..... 

W. Kniver Coal Company, penalty for failure to file on 
time corporation return, ...... 

Wachusett Mills, penalty for failure to file on time corpo- 
ration return, ........ 

Wakefield Clothing Company, The, penalty for failure to 
file on time corporation return, ..... 

Wakefield Manufacturing Company, The, penalty for fail- 
ure to file on time corporation return, 

Walker Extract Company, penalty for failure to file on 
time corporation return, ...... 

Walker Ice Company, claim for cost of repairs on State 
highway,. ........ 

Waltham Co-operative Furniture Company, penalty for 
failure to file on time corporation return, 

Waquoit Herring River Company, penalty for failure to 
file on time corporation return, ..... 

Warner Motor Company, penalty for failure to file on time 
corporation return, ....... 

Warren, Brookfield & Spencer Street Railway Company, 
Railroad Commissioners' tax, ..... 

Watertown, Town of, board of John Gibbons at Hospital 
for Dipsomaniacs, ....... 

Watson Shoe Company, penalty for failure to file on time 
corporation return, ....... 

Weber Leather Company, penalty for failure to file on 
time corporation return, ...... 

Webster, Town of, board of Alonzo W. Richards and Jacob 
StoU at Worcester Insane Hospital, and of Ann Powers 
at State Almshouse, ...... 

Webster, Town of, board of Mattie A. Dodge and Con- 
stantine Malinonski at Worcester Insane Hospital, 

Webster, Towai of, board of Stephen Hall at Hospital for 
Dipsomaniacs, and of Ann Powers at State Almshouse, 

Webster, Town of, board of Daniel C. Morrissey at State 
Farm, ......... 

Webster, Town of, board of Mary J. Anderson at Worces- 
ter Insane Hospital, and of Ann Powers at State Alms- 
house, 75 40 



$10 00 


100 00 


5 00 


45 00 


25 00 


50 00 


35 00 


30 00 


20 00 


100 00 


25 00 


35 00 


10 00 


40 40 


192 68 


35 00 


50 00 


188 75 


58 03 


140 34 


73 60 



1907.] PUBLIC DOCUMENT — No. 12. 213 

Webster, Town of, board of Charles Roedelbroom at Hos- 
pital for Dipsomaniacs, and of Ann Powers at State 

Almshouse, . . . . 

Webster, Town of, board of Arthur Bellend at Worcester 

Insane Hospital, ....... 

Webster, Town of, board of Ann Powers at the State 

Hospital at Tewksbury, . . 

Westfield, Town of, board of George T. Adkins at North- 
ampton Insane Hospital, ...... 

Westfield, Town of, board of Langdon C. Kellogg and 

James F. Noonan at Northampton Insane Hospital, . 
Westfield, Town of, board of Dennis Coleman at State 

Farm and Northampton Insane Hospital, . 
Westfield, Town of, board of Allison W. Gibbs at Hospital 

for Epileptics, and of Dennis Coleman at State Farm, . 
Westfield, Town of, board of Joseph Wheel at State Farm, 
White-Dunham Shoe Company, penalty for failure to file 

on time corporation return, ..... 
Whitin Machine Works, penalty for failure to file on time 

corporation return, ....... 

Williams & Everett Company, penalty for failure to file on 

time corporation return, ...... 

WiUiamstown Press Company, penalty for failure to file on 

time corporation return, ...... 

WiUiamstown, Town of, board of Luther O. Lincoln at 

Northampton Insane Hospital and of Edith L. M. 

McDonald at Epileptic School, ..... 
Wilson Building Moving Company, penalty for failure to 

file on time corporation return, ..... 

Winchell Company, penalty for failure to file on time cor- 
poration return, ....... 

Winchendon Auto Transit Company, penalty for failure 

to file on time corporation return, .... 
Wm. J. Perry Company, penalty for failure to file on time 

corporation return, ....... 

Worcester Cold Storage and Warehouse Company, penalty 

for failure to file on time corporation return, 
Woronoco Heating and Plumbing Company, The, penalty 

for failure to file on time corporation return, 
Xylite Lubricating Company, penalty for failure to file on 

time corporation return, . . . 

Ye Quainte Companye, penalty for failure to file on time 

corporation return, ....... 



$83 


23 


52 93 


183 


20 


10 


21 


48 


28 


184 76 


116 


19 


52 


40 


50 00 


15 


00 


25 


00 


25 


00 


88 68 


25 


00 


50 00 


25 


00 


25 


00 


10 


00 


10 


00 


15 


00 


10 00 


$96,363 04 



214 



ATTORNEY-GENERAL'S REPORT. 



[Jan, 





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1907.] PUBLIC DOCUMENT — No. 12. 215 



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ATTORNEY-GENERAL'S REPORT. 



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PUBLIC DOCUMENT — No. 12. 



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ATTORNEY-GENERAL'S REPORT. [Jan. 



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1907.] PUBLIC DOCUMENT — No. 12. 219 



RULES OF PRACTICE 

In Interstate Rendition. 



Every application to the Governor for a requisition upon the 
executive authority of any other State or Territory, for the deHv- 
ery up and return of any offender who has fled from the justice 
of this Commonwealth, must be made by the district or prose- 
cuting attorney for the county or district in which the offence was 
committed, and must be in duplicate original papers, or certified 
copies thereof. 

The following must appear by the certificate of the district or 
prosecuting attorney : — 

(a) The full name of the person for whom extradition is asked, 
together with the name of the agent proposed, to be properly 
spelled. 

(b) That, in his opinion, the ends of public justice require that 
the alleged criminal be brought to this Commonwealth for trial, 
at the public expense. 

(c) That he believes he has sufficient evidence to secure the 
conviction of the fugitive. 

(d) That the person named as agent is a proper person, and 
that he has no private interest in the arrest of the fugitive. 

(e) If there has been any former application for a requisition 
for the same person, growing out of the same transaction, it must 
be so stated, with an explanation of the reasons for a second re- 
quest, together with the date of such application, as near as may be. 

(/) If the fugitive is known to be under either civil or crim- 
inal arrest in the State or Territory to which he is alleged to have 
fled, the fact of such arrest and the nature of the proceedings on 
which it is based must be stated. 

(g) That the application is not made for the purpose of en- 
forcing the collection of a debt, or for any private purpose what- 
ever; and that, if the requisition applied for be granted, the 
criminal proceedings shall not be used for any of said objects. 

(h) The nature of the crime charged, with a reference, when 
practicable, to the particular statute defining and punishing the 
same. 



220 ATTORNEY-GENERAL'S REPORT. [Jan. 

(i) If the offence charged is not of recent occurrence, a satis- 
factory reason must be given for the delay in making the appli- 
cation. 

1. In all cases of fraud, false pretences, embezzlement or for- 
gery, when made a crime by the common law, or any penal code 
or statute, the affidavit of the principal complaining witness or 
informant, that the application is made in good faith, for the sole 
purpose of punishing the accused, and that he does not desire 
or expect to use the prosecution for the purpose of collecting a 
debt, or for any private purpose, and will not directly or indirectly 
use the same for any of said purposes, shall be required, or a suffi- 
cient reason given for the absence of such affidavit. 

2. Proof by affidavit of facts and circumstances satisfying the 
Executive that the alleged criminal has fled from the justice of 
the State, and is in the State on whose Executive the demand is 
requested to be made, must be given. The fact that the alleged 
criminal was in the State where the alleged crime was committed 
at the time of the commission thereof, and is found in the State 
upon which the requisition was made, shall be sufficient evidence, 
in the absence of other proof, that he is a fugitive from justice. 

3. If an indictment has been found, certified copies, in dupli- 
cate, must accompany the application. 

4. If an indictment has not been found by a grand jury, the 
facts and circumstances showing the commission of the crime 
charged, and that the accused perpetrated the same, must be 
shown by affidavits taken before a magistrate. (A notary public 
is not a magistrate within the meaning of the statutes.) It must 
also be shown that a complaint has been made, copies of which 
must accompany the requisition, such complaint to be accom- 
panied by affidavits to the facts constituting the offence charged 
by persons having actual knowledge thereof, and that a warrant 
has been issued, and duplicate certified copies of the same, to- 
gether with the returns thereto, if any, must be furnished upon 
an application. 

5. The official character of the officer taking the affidavits or 
depositions, and of the officer who issued the warrant, must be 
duly certified. 

6. Upon the renewal of an application, — for example, on the 
ground that the fugitive has fled to another State, not having 
been found in the State on which the first was granted, — new 
or certified copies of papers, in conformity with the above rules, 
must be furnished. 



1907.] PUBLIC DOCUMENT — No. 12. 221 

7. In the case of any person who has been convicted of any 
crime, and escapes after conviction, or while serving his sentence, 
the appHcation may be made by the jailer, sheriff, or other officer 
having him in custody, and shall be accompanied by certified 
copies of the indictment or information, record of conviction and 
sentence upon which the person is held, with the affidavit of such 
person having him in custody, showing such escape, with the cir- 
cumstances attending the same. 

8. No requisition will be made for the extradition of any fugi- 
tive except in compliance with these rules. 



INDEX TO OPINIONS. 



PAGE 

Bonds, signature of Governor, rubber stamp, 60 

Building, storage of explosives, 47 

Charitable corporation, increased holdings of real and personal property, . 27 

Special charter, 11 

City, liability for support of inmates in School for Feeble-minded, notice, 52 

Licenses, fish trap, 17 

Renewing or refunding debts, 66 

Contract, State officers or boards, day's work, 68 

Conviction under pharmacy law, nolo contendere as, 67 

County commissioners, contract, public works, 9 

Day's work, half holiday, Sunday employment, 56 

State contract, 68 

Debts, refunding or renewing by city or town, 66 

District, police and municipal courts, salaries, 2 

Exemption from taxation of farming utensils, 60 

Explosion, fire insurance, 65 

Explosives, storage, building, 47 

Farming utensils, exemption from taxation, 60 

Fish trap, license for, by cities or towns, 17 

Governor, petition for pardon, 5 

Signature on registered bonds 60 

Gypsy and brown-tail moths, destruction of, expense, 30 

Hours of labor, day's work, 56 

Inspection of mechanical devices for measuring value, 46 

Insurance, tire explosion, 65 

Foreign insurance company tax, 18 

Marine insurance, automobile, . . 35 

Rebate, commission, 42 

Intoxicating liquors, open or public bar, . .6 

Sale by registered pharmacist 45 

Investigation of public officer, employment of counsel, expense, ... 25 
Locations for telegraph, telephone and electric light poles on State high- 
ways, 54 

Massachusetts Highway Commission, original locations for telegraph, tele- 
phone and electric light poles on State highways, .... 54 

Materials or supplies. State contract, 68 

Metropolitan Park Commission, rules and regulations for Charles River, . 13 

Nolo contendere, plea of, as conviction under pharmacy law, ... 67 
Notice to cities and towns relative to support of inmates in School for 

Feeble-minded, 52 

Pauper law, settlement, retroactive statute, 62 

Pharmacist, registered, prescription of registered physician, ... 45 

Intoxicating liquor, sale, certificate, 45 

Pharmacy law, conviction, 7iolo contendere, fi7 

Poles, telegraph, telephone and electric light, original location for, on State 

highways, 54 



224 INDEX TO OPINIONS. [Jan. 1907. 

PAGE 

Public officer, acceptance of resignation, 1 

Investigation, employment of counsel, 25 

Public or private schools, pupils, special rates by street railways, . . 69 

Public works, definition of, 9 

Railroad corporation, acquisition and control by, of stock or bonds of do- 
mestic street railway companies, 48 

Railways, special rates to pupils of public or private schools and the State 

normal school, 69 

Rubber stamp, signature of Governor, registered bonds, .... 60 

Rules and regulations for Charles River^ Metropolitan Park Commission, 13 

Savings bank, legal investments, 39 

School committee, authority to draw orders on town treasurer, ... 33 
Sealers of weights and measures, inspection of mechanical devices for 

measuring value, 46 

Settlement of pauper, effect of retroactive statute on, 62 

State normal school, pupils of, special rates by street railways, ... 69 
State officers of boards, contract, material or supplies, day's work, . . 68 
Stock and bonds of domestic street railway, acquisition of, by railroad cor- 
poration, 48 

Surplus, trust company 62 

Taxation, corporate bonds, 23 

Exemption of farming utensils, 60 

Foreign insurance company, .18 

Town, authority of school committee to draw orders on, . . . .33 

Licenses, fish trap, 17 

Renewal or refunding of debts by, 66 

Support of inmates in School for the Feeble-minded, notice, . . 52 

Trust company, loan to single individual, surplus, 62