(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

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

Ca . of Massachusetts 



■ 

ATTORN ENERAL'S REPORT 






Public Document No. 12 



(Enmnumutfalt!) nf JHasHadjuoettB. 



REPORT 



ATTORNEY-GENERAL 



Year ending January 15, 1908. 




BOSTON: 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square. 

1908. 



Commoittwaltlj of Utassatjrastfts. 



Office of the Attorney-General, 

Boston, Jan. 15,11908. 

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. 



Ol0tttm0tttu£altlj af iMasaarljitfirtK 



OFFICE OF THE ATTORNEY-GENERAL, 
State House. 



Attorney- General. 
DANA MALONE. 

Assistants. 



Frederic B. Greenhalge. 
Fred T. .Field. 



James F. Curtis. 
Andrew Marshall. 



Chief Clerk. 
Louis H. Freese. 



vi ATTORNEY-GENERAL'S REPORT. [Jan. 1908. 



Statement of Appropriation and Expenditures. 



Appropriation for 1907, $45,000 00 



Expenditures. 

For law library, 

For salaries of assistants, 

For additional legal services, . 

For collection of Spanish war claims against national 

ernment, 

For clerks, 

For office stenographers, 

For expert stenographers, reports of cases, 

For messengers, 

For grade crossing cases, experts, etc, . 
For office expenses, 
For court expenses, 1 



Total expenditures, 
Costs collected, 



Net expenditure, 



gov 



$675 84 
12,108 34 

368 50 

7,133 85 
3,647 97 
867 80 
2,291 67 
1,491 16 
1,666 00 
2,306 24 
3,500 75 



136,058 12 
1,485 22 



$34,572 90 



i Of this amount, $1,485.22 has been collected as costs of suits, and paid to the.Treas- 
urer of the Commonwealth. 



Olnmmmuuraltl) of fHasaarijusettfi. 



Office of the Attorney-General, 

Boston, Jan. 15, 1908. 
To the General Court. 

In compliance 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 2,610, are tabulated below : — 



Bastardy complaints, 1 

Collateral inheritance tax cases, . 393 

Corporation returns enforced without suit, 34 

Dissolutions of corporations, voluntary petitions for, ... 56 

Extradition and interstate rendition, 56 

Grade crossings, petitions for abolition of, 149 

Informations at the relation of the Tax Commissioner, . . 395 
Informations at the relation of the Commissioner of Corporations, 464 
Informations at the relation of the Treasurer and Receiver-Gen- 
eral, 449 

Indictments for murder, 23 

Land Court petitions, 9 

Land-damage cases arising from the alteration of grade crossings, 12 
Land-damage cases arising from the taking of land by the Harbor 

and Land Commission, 3 

Land-damage cases arising from the taking of land by the Charles 

River Basin Commission, 72 

Land-damage cases arising from the taking of land by the Massa- 
chusetts Highway Commission, 27 

Land-damage cases arising from the taking of land by the Metro- 
politan Park Commission, ........ 2 

Land-damage cases arising from the taking of land by the Metro- 
politan Water and Sewerage Board, 83 

Legislative council agents, . . . ... . . . 57 

Mt. Tom Reservation, 1 

Miscellaneous cases arising from the work of the above-named 

commissions, 36 

Miscellaneous cases, 126 

Public charitable trusts, 58 

Public administrators petitions, 176 

Savings bank accounts, withdrawal of, 9 

Settlement cases for support of insane paupers 19 



viii ATTORNEY-GENERAL'S REPORT. [Jan. 

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

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. John H. Sisk, Esq., William E. 
Sisk, Esq., and Richard L. Sisk, Esq., were assigned by the 
court as counsel for the defendant. In May, 1907, the 
defendant was tried by a jury before Stevens and Sanderson, 
J J. The result was a verdict of not guilty. The case was 
in charge of District Attorney W. Scott Peters. 

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 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. Robert W. 
Nason, Esq., and W. M. Alston, Esq., were assigned by 
the court as counsel for the defendant. The case was in 
charge of District Attorney John B. Moran. 

Alexander McEwax, indicted in Suffolk County, Novem- 
ber, 1906, for the murder of Annie E. McEwan, at Boston, 
Oct. 15, 1906. He was arraigned Feb. 18, 1907, 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. John P. 
Sweeney, Esq., was assigned by the court as counsel for 
the defendant. The case was in charge of District Attorney 
John B. Moran. 

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 guilty of manslaughter. This plea was ac- 



1908.] PUBLIC DOCUMENT— No. 12. ix 

cepted by the Commonwealth, and the defendant was there- 
upon sentenced to not less than fifteen nor more than twenty 
years in State Prison. Frank M. Zottoli, Esq., was as- 
signed by the court as counsel for the defendant. The case 
was in charge of District Attorney John B. Moran. 

Harry L. Wood, indicted in Worcester County, October, 

1906, for the murder of Alice M. Wood, at Winchendon, on 
Oct. 11, 190(3. He was arraigned Oct. 22, 190(3, and pleaded 
not guilty. David I. Walsh, Esq., and Thomas L. Walsh, 
Esq., Avere assigned by the court as counsel for the defendant. 
In February, 1907, the. defendant was tried by a jury before 
Hitchcock, J. The result was a verdict of not guilty, by 
reason of insanity. On Feb. 15, 1907, the defendant was 
committed to the State Asylum for Insane Criminals for life. 
The case was in charge of District Attorney George S. 
Taft. 

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

Thomas Francis Murphy, indicted in Essex County, 
May, 1907, for the murder of Almira Murphy, at Haverhill, 
on May 1, 1907. He was arraigned May 21, 1907, and 
pleaded not guilty. James H. Sisk, Esq., and Charles S. 
Goodwin, Esq., were assigned by the court as counsel for 
the defendant. On Oct. 11, 1907, the defendant retracted 
his former plea, 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 W. 
Scott Peters. 

Henry Gomez, indicted in Bristol County, June, 1907, 
for the murder of Mary Gomez. He was arraigned June 14, 

1907, and pleaded not guilty. On June 20, 1907, the 
defendant was adjudged insane, and committed to the 
Taunton Insane Asylum. The case was in charge of District 
Attorney James M. Swift. 



x ATTORNEY-GENERAL'S REPORT. [Jan. 

Morris A. Hills, indicted in Hampden County, Sep- 
tember, 1907, for the murder of James Delehanty, at 
Springfield, on July 4, 1907. He was arraigned Sept. 18, 
1907, and pleaded not guilty. Stephen S. Taft, Esq., and 
Joseph F. Carmody, Esq., were assigned by the court as 
counsel for the defendant. On Dec. 27, 1907, the defendant 
retracted his former 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 John F. Noxon. 

Pasquele Zizzi, indicted in Middlesex County, March, 
1907, for the murder of Antoine D'Ascanio, at Framingham, 
Jan. 6, 1907. He was arraigned March 26, 1907, and 
pleaded guilty to manslaughter. This plea was accepted 
by the Commonwealth, and the defendant was thereupon 
sentenced to not less than four nor more than seven years 
in State Prison. Peter S. Maher, Esq., was assigned by 
the court as counsel for the defendant. The case was in 
charge of District Attorney George A. Sanderson. 

Antony De Simon, indicted in Suffolk County, May, 
1907, for the murder of Leonardo Gaetano, at Boston, on 
April 9, 1907. He was arraigned June 19, 1907, 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 John B. Moran. 

John U. Sperry, indicted in Suffolk County, May, 1907, 
for the murder of Mary Sperry, at Boston, on April 22, 
1907. He was arraigned May 27, 1907, 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 John B. Moran. 

W alter Stock, indicted in Suffolk County, April, 1907, 
for the murder of Mary Agnes Bates, at Boston, on April 3, 



1908.] PUBLIC DOCUMENT — No. 12. xi 

1907. He was arraigned Oct. 18, 1907, and pleaded guilty 
of murder in the second degree. This plea was accepted by 
the Commonwealth, and the defendant was thereupon sen- 
tenced to State Prison for life. The case was in charge of 
District Attorney John B. Moran. 

Robert McGraw, indicted in Suffolk County, February, 
1907, for the murder of Benjamin F. Far well, at Boston, on 
April 25, 1904. He was arraigned March 13, 1907, and 
pleaded not guilt} r . Edgar P. Benjamin, Esq., was assigned 
by the court as counsel for the defendant. In July, 1907, 
the defendant was tried by a jury before Fessenden and 
White, JJ. A verdict of guilty of manslaughter was 
rendered by the jury, and the defendant was thereupon 
sentenced to State Prison for not less than nine nor more 
than eleven years. The case was in charge of District 
Attorney John B. Moran. 

William M. Berry, indicted in Berkshire County, Jan- 
uary, 1907, for the murder of Rose Berry, at Williamstown, 
on Aug. 26, 1906. He was arraigned Jan. 23, 1907, and 
pleaded not guilty. Herbert C. Joyner, Esq., and Patrick 
J. Moore, Esq., were assigned by the court as counsel for 
the defendant. On July 18, 1907, the defendant, by order 
of the court, was committed to the Hospital for Insane 
Criminals. The case was in charge of District Attorney 
John F. Noxon. 

The following indictments for murder are now pending : — 

Loreto de Gravio, indicted in Essex County, Septem- 
ber, 1907, for the murder of Valentino de Pietro, at Lynn, 
on May 16, 1907. He was arraigned Oct. 11, 1907, and 
pleaded not guilty. John Ingram, Esq., was assigned by 
the court as counsel for the defendant. The case is in 
charge of District Attorney W. Scott Peters. 

Giuseppe A. Zeccolo, indicted in Middlesex County, 
September, 1907, for the murder of Charles Reed, at Water- 



xii ATTORNEY-GENERAL'S REPORT. [Jan. 

town, on July 12, 1907. He was arraigned Sept. 16, 1907, 
and pleaded not guilty. Lafayette G. Blair, Esq., and 
Frank M. Zottoli, 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 J. Higgins. 

Assad Alexander Kalil, indicted in Essex County, 
September, 1907, for the murder of Joseph Zaharan, at 
LaAvrence, on July 13, 1907. He was arraigned Sept. 24, 
1907, and pleaded not guilty. Xo further action has been 
taken in this case. The case is in charge of District Attor- 
ney W. Scott Peters. 

Ferdinando de Ribasso, indicted in Middlesex County, 
December, 1907, for the murder of Mary D. de Ribasso, at 
Somerville, on Sept. 14, 1907. He was arraigned Dec. 10, 
1907, and pleaded not guilty. Harvey H. Pratt, 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 District Attorney John J. Higgins. 

Joseph Martino, indicted in Essex County, September, 
1907, for the murder of Joseph de Cicco, at Haverhill, on 
July 10, 1907. He was arraigned Sept. 24, 1907, and 
pleaded not guilty. Xo further action has been taken in 
this case. The case is in charge of District Attorney YT. 
Scott Peters. 

Pasquale Colucciello, indicted in Middlesex County, 
June, 1907, for the murder of Luigi Marro, at Xewton, on 
May 24, 1907. He was arraigned Nov. 7, 1907, and pleaded 
not guilty. John J. Mansfield, Esq., and Frank Keezer, 
Esq., were assigned by the court as counsel for the defend- 
ant. Xo further action has been taken in this case. The 
case is in charge of District Attorney John J. Higgins. 

John A. Steele, indicted in Suffolk County, December, 
1907, for the murder of Edward Cohen, at Boston, on Dec. 



1908.] PUBLIC DOCUMENT — No. 12. xiii 

5, 1907. The defendant has not yet been arraigned. The 
ease is in charge of District Attorney John B. Sforan. 



Ming Sing, Hom Woom, Leong Gong, Wong Duck, 
Wong How, Joe Guey, Dong Bok Ling, Yee Wat, 
Yee Yung, indicted in Suffolk County, August, 1907, for 
the murder of Chin Mon Quin at Boston, on Aug. 2, 1907. 
They were arraigned Sept. 3, 1907, and pleaded not guilty. 
No further action has been taken in this case. The case is 
in charge of District Attorney John B. Moran. 

Louis Tennis, indicted in Suffolk County, March, 1907, 
for the murder of Philip Tennis, at Boston, on Jan. 17, 
1907. He was arraigned March 11, 1907, and pleaded not 
guilty. Hon. Herbert Parker and Robert Silverman, 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. 

New York, New Haven & Hartford Railroad Company 

Cases. 
In my report for the year 1906 I stated that there had 
been filed and were then pending in the Supreme Judicial 
Court two informations against the New York, New Haven 
& Hartford Railroad Company for violations of section 57, 
part 2, of chapter 4"63 of the Acts of the year 1906. The 
first of these was an information in the nature of quo war- 
ranto, brought by the Attorney-General, and alleging in 
substance that the New York, New Haven & Hartford Rail- 
road Company had directly or indirectly subscribed for, 
taken and held the stock and bonds and guaranteed the bonds 
and dividends of certain domestic street railway corporations, 
in violation of the provisions of the statute above quoted. 
To this information a demurrer and a motion to dismiss 
were filed by the respondent, upon the ground that the 
information as filed did not disclose such an abuse of usur- 
pation by the respondent of a privilege or franchise as to 
require the action of the court. The case was first heard 
by a single justice of the Supreme Judicial Court, and was 



xiv ATTORNEY-GENERAL'S REPORT. [Jan. 

by him reserved upon information, demurrer and motion 
to dismiss for the consideration of the full court. It was 
argued at the November sitting of last year, and no decision 
has as yet been handed down. 

The second information was an information in equity 
under chapter 372 of the Acts of the year 1906, which 
authorizes such an information in the name of the Attorney- 
General at the relation of the Commissioner of Corporations, 
alleging substantially the same violation of law, and seeking 
an injunction to restrain the New York, New Haven & 
Hartford Railroad Company from subscribing for, taking 
and holding the stock and bonds of or guaranteeing the 
bonds or dividends of such domestic street railway companies. 
To this information an answer was filed by the respondent 
corporation, and the case was referred to a master appointed 
by the Supreme Judicial Court to hear the evidence and 
make report of his findings of fact. Hearings were begun 
on March 20, 1907, and have continued until the present 
time. The master made a first draft report on Oct. 8, 1907, 
and has just made a second draft report upon which a hearing 
is now pending. I anticipate that his final report upon the 
case will be filed in the Supreme Court at a very early date. 

Sittings of the Full Court for the Counties of 
Berkshire, Hampshire, Hampden and Franklin. 
My attention has been directed to the subject of sittings 
of the full court in three different weeks in September for 
the accommodation of the business of the counties of Berk- 
shire, Hampshire, Hampden and Franklin. I am informed 
that for the last ten years the business of that court sitting 
at Pittsfield for Berkshire County has not required the use 
of the court room upon an average for more than two hours 
each year : in the two counties of Hampshire and Franklin 
for about one day ; and at Springfield for Hampden County 
upon an average not more than two or three days and some- 
times even less than two days. For these brief sittings five 
judges and the reporter of decisions or his representative 
make the journey to and from their homes for each sitting, 
and there is in each county the expense incident to the coming 
in of the court. 



1908.] PUBLIC DOCUMENT — No. 12. xv 

The opinion is expressed that the public interests would 
be better served by a single sitting for the four western 
counties at Springfield, which would doubtless occupy a part 
of one week ; or, if preferable to the bar of such counties, a 
sitting at Boston. In most of the States the highest court 
does not have sittings in more than one or two places, and 
in a majority of the whole number it sits only in the capital 
of the State. I call this subject to your attention, for such 
consideration and legislation as you may deem advisable. 

Reporter of Decisions. 

Section 63 of chapter 165 of the Revised Laws provides 
that the reports of the decisions upon all questions of law 
argued and determined by the Supreme Judicial Court before 
the first day of September in each year shall be published 
within ninety days thereafter. On Dec. 3, 1907, the re- 
porter of decisions was making up a case decided on Feb. 
28, 1907, more than nine months previous thereto, and there 
were 257 cases which were unpublished. The last official 
publication is of cases decided Feb. 27, 1907, more than 
ten months ago. The .decisions of the Supreme Court of the 
United States up to Nov. 20, 1907, were received at this 
department in an official publication within a month after 
the opinions were rendered. The bar of the Commonwealth 
and the people are entitled to know the law, as promulgated 
by our highest court, at the earliest possible day after such 
decision is rendered. I see no reason why such decisions 
should not be officially published as promptly as the decisions 
of the Supreme Court of the United States. 

I therefore suggest legislation in amendment of chapter 
165 of the Revised Laws, which will provide for the prompt 
publication of the opinions of our highest court, with addi- 
tional assistance for the reporter of decisions if necessary. 

Claims against the Commonwealth. 
The Supreme Judicial Court recently decided that the 
provisions of the Revised Laws, chapter 165, relative to the 
appointment of auditors, do not apply to actions brought on 
claims against the Commonwealth under chapter 201 of the 
Revised Laws. I recommend that section 2 of chapter 370 



xvi ATTORNEY-GENERAL'S REPORT. [Jan. 

of the Acts of 1905 be amended so that if the amount of the 
ad damnum does not exceed $10,000 such claims may be 
heard by a single justice of the Superior Court. 

Public Administrators. 

I am of opinion that there should be substantial changes 
in the law relative to public administrators. The list of 
public administrators on file in the office of the Secretary 
of the Commonwealth contains one hundred and thirty-two 
names. Since the passage of chapter 284 of the Acts of 
1907, requiring that the Treasurer and Receiver-General be 
made a party to all petitions for administration by public 
administrators and be given due notice of all subsequent 
proceedings, the Treasurer has received notice of proceed- 
ings in one hundred and sixty-four cases. In one hundred 
and sixteen of these cases no accounts have yet been filed. 
The forty-eight estates in which accounts have been filed, 
amounting to $82,411.80, have been administered by seven- 
teen different administrators. The largest estate amounted 
to $44,985.09, the second in size amounted to $6,113.48, 
two estates exceeded $4,000 and one exceeded $3,000. 
Only six of the remaining estates exceeded in amount $1,000. 
The amount which was paid into the treasury of the Com- 
monwealth from all of these forty-eight estates is $5,406.19, 
of which amount a single estate contributed $4,282.97. 

The total charges of public administrators for services, not 
including charges for publication of their notices, amounted 
to $4,509.88, and the burial expenses and charges of under- 
takers in the same estates amounted to $4,301.91. It ap- 
pears that in many cases the burial expenses and charges of 
undertakers are excessive in proportion to the total amount 
of the estate ; and in most of the smaller estates the entire 
balance of the assets, after payment of such bills and certain 
other small items of expense, is exhausted by the charges 
for administration. 

In my report for 1906, page xv, I said that " several 
thousand dollars which should have been paid to the Treasurer 
had been paid to persons by virtue of powers of attorney and 
affidavits purporting to be signed by heirs, which powers of 



1908.] PUBLIC DOCUMENT — No. 12. xvii 

attorney and affidavits on examination were found to be 
fictitious. Proceedings have been instituted, and a large 
part of the sum so paid is likely to be recovered." 

As a part of the proceedings so begun, three persons who 
had been connected with the administration of nine estates, 
two of whom were public administrators, were cited in to 
answer interrogatories under the statute concerning em- 
bezzlement. One of the public administrators, after the 
citation was served upon him, fled from the Commonwealth 
and has not yet returned. He was subsequently removed 
from office by the Governor. Suit was pressed against the 
other persons concerned in the settlement of such estates, 
which resulted in the revocation of the decrees of distribu- 
tion in the several cases, based upon a finding by the court 
that the alleged heirs-at-law were fictitious persons. The 
ultimate result of these proceedings was that by a decree 
dated Dec. 11, 1907, certain portions of the public adminis- 
trators' prior accounts were allowed and other portions dis- 
allowed, leaving a balance to be paid to the Treasurer and 
Keceiver-General amounting to $10,356.95. 

Immediately prior to the entry of these decrees the second 
public administrator resigned from his office, and the third 
person concerned in the matter is prepared to pay over to 
the Commonwealth the sum of $9,017.59 on account of the 
amount found by the Probate Court to be due. 

I suggest that legislation be enacted providing that one or 
more public administrators be appointed in each county by 
the Governor, or by the Probate Courts of the several coun- 
ties, who shall receive a fixed salary in full compensation for 
services in administering all estates which would, under 
existing laws, be administered by the present public ad- 
ministrators. Under such a system uniform rules of admin- 
istration and supervision might be established ; whereas the 
present system results in serious detriment to the Com- 
monwealth, since most of the small estates are entirely ab- 
sorbed by the charges of administration, burial expenses 
and charges of undertakers. 



xviii ATTORNEY-GENERAL'S REPORT. [Jan. 



Grade Crossings. 

From the enactment of chapter 428 of the Acts of 1890 
to Nov. 30, 1906, there has been expended upon the aboli- 
tions of grade crossings in Massachusetts the sum of $26,- 
966,258.35, of which the Commonwealth has contributed 
$7,109,892.50. During the year ending Nov. 30, 1907, the 
Commonwealth has also expended for the same purpose the 
additional sum of $769,728.81. There are a number of 
petitions for the abolition of grade crossings now pending, 
and many more are likely to be filed, which will entail a 
large expenditure. 

In view of this large expenditure, and to protect the in- 
terests of the Commonwealth, a thorough examination should 
be made of the plans submitted to the commissioners ap- 
pointed for the abolition, and of the actual work of construc- 
tion, as well as of the accounts of expenditures submitted to 
auditors in the several cases. In all such proceedings the 
Commonwealth has been represented by the Attorney- 
General, and such examination has, so far as practicable, 
been made by him or by his assistants ; but in my opinion 
the time has now come when this part of this work should be 
done by a competent engineer, under the direction of the 
Attorney-General. I therefore recommend legislation which 
will authorize the employment of an engineer for such pur- 
pose. I believe that such an engineer, giving the whole or 
such part of his time as may be found necessary to the 
service, would save to the Commonwealth a large sum of 
money each year. 

I also recommend that the railroad law, chapter 463 of 
the Acts of 1906, be so amended that the reports of grade 
crossing commissioners, and decrees confirming such re- 
ports, may be filed in the registries of deeds for the several 
counties without the payment of any fee therefor. 

I further suggest that legislation be passed conferring 
authority on auditors in grade crossing proceedings to 
affirmatively investigate the amounts presented to them for 
allowance by cities or railroads as expended in the payment 
of damages for land taken for the abolition of grade cross- 
ings or otherwise. 



1908.] PUBLIC DOCUMENT — No. 12. xix 

Funds of Charitable Corporations. 
There does not seem to be adequate supervision by any 
court or department of the funds of charitable corporations. 
It would therefore seem desirable, and I recommend, that 
an act be passed requiring charitable corporations to make 
an annual, accurate, sworn accounting of investments and 
income to some board or officer of the Commonwealth; and 
that the investments of such corporations be limited to 
such investments as are from time to time permitted for 
trust funds. 

Trustees holding Property for Charitable Purposes. 
The provisions of R. L., c. 149, requiring trustees to give 
bonds with sureties, have been held not to apply to certain 
classes of trusts for public charitable purposes. It is some- 
times difficult to determine whether in a given case a bond 
is required by law. Moreover, cases are likely to arise in 
which, though trustees are not required by law to give 
bonds, the trust funds are not properly safeguarded unless 
bonds are given. The fact that there are no definite persons 
interested in a fund held in trust for charitable purposes ren- 
ders the possibility of mismanagement even greater than in 
the case of private trusts. I recommend, therefore, that the 
Probate Court be authorized in its discretion to require 
bonds with sureties from any trustees holding property for 
public charitable purposes. 

Cases in the Supreme Court of the United States. 
The case of Interstate Consolidated Street Railway Co. v. 
Commonwealth, involving the constitutionality of R. L., 
c. 112, § 72, being the statute relative to half fare for school 
children upon street railways, was argued in the Supreme 
Court of the United States Oct. 15 and 16, 1907, and was 
decided in favor of the Commonwealth, the court finding 
that " a street railway corporation, taking a legislative char- 
ter subject to all duties and restrictions set forth in all 
general laws relating to corporations of that class, cannot 
complain of the unconstitutionality of a prior enacted statute 



xx ATTORNEY-GENERAL'S REPORT. [Jan. 

compelling them to transport children attending the public 
schools at half price." 

The case of Abe Strauss, Plaintiff in Error, v. Common- 
wealth, pending in the Supreme Court of the United States 
on writ of error to the Superior Court of Plymouth County, 
involved the constitutionality of section 1 of chapter 56 of 
the Revised Laws. This was a case in which it was made a 
condition of each sale by the defendant that the purchaser 
should not sell or deal in the plug tobacco of any other 
person, firm, corporation or association of persons. The 
writ of error was dismissed at the October term by agree- 
ment, and the case remanded to the Superior Court of 
Plymouth County for sentence. 

By-laws of Fire Districts. 
Section 67 of chapter 32 of the Revised Laws provides 
that no by-law, rule or regulation adopted by a fire district 
which imposes a penalty shall be in force until it is approved 
by the Superior Court. St. 1904, c. 344, provided that 
town by-laws should be approved by the Attorney-General, 
instead of by the Superior Court. In the interest of uni- 
formity, I recommend legislation which will provide that 
b}^-laws of fire districts may also be approved by the Attor- 
ney-General, instead of by the Superior Court. 

Laxd Court. 
The provisions of law relating to the retirement of a 
judge who shall resign his office after having served at least 
ten consecutive years, and after having attained the age of 
seventy years, have been extended to every court having 
jurisdiction throughout the Commonwealth except the Land 
Court. It has been suggested that the provisions of said 
law be extended so that it may include the judges of the 
Land Court ; and I call the matter to your attention for 
such action as may seem to you proper. 

SlJPPLEMEXT TO THE REVISED LAWS. 

I suggest that provision should be made for the printing 
of a supplement to the Revised Laws. No official supple- 



1908.] PUBLIC DOCUMENT — No. 12. xxi 

ment has been compiled since the publication of the Revised 
Laws of 1902, so that the general laws subsequently passed 
and now in force are scattered through the Blue Books for six 
years. 

A supplement should, in my opinion, be prepared and 
published, in which the statutes should be properly arranged 
and codified, with an adequate index and marginal notes, 
and should include the general laws since 1901 up to and 
including those passed in 1908. 

Department of the Attorney-General. 

On Dec. 23, 1907, Mr. Walter Perley Hall retired from 
the position of Assistant Attorney-General, having on that 
day qualified as chairman of the Board of Railroad Commis- 
sioners. As Assistant Attorney-General Mr. Hall performed 
the duties assigned to him with fidelity and efficiency, ren- 
dering valuable service to the Commonwealth, and his retire- 
ment is a loss to the department. 

On Jan. 1, 1908, Mr. Andrew Marshall, who was serving 
as law clerk, was appointed Assistant Attorney-General. 



Respectfully submitted, 



DANA MALONE, 

Attorney- General. 



OPINIONS. 



Automobiles — Cities and Towns — Special Regulations — Post- 
ing — Sign Boards — Massachusetts Highway Commission. 

Under the provisions of St. 1903, c. 473, § 8, as amended by St. 1905, 
ee. 311 and 366, and by St. 1906, c. 412, which enacted that local au- 
thorities " may make special regulations as to the speed of automo- 
biles and motor cycles and as to the use of such vehicles on particular 
roads or ways, including their complete exclusion therefrom . . ." 
a regulation adopted by the selectmen of a town restricting the 
speed of automobiles and motor cycles upon the streets of the 
thickly settled portion of such town to nine miles per hour is a 
special regulation; and, in the absence of protest as therein pro- 
vided, it becomes the duty of the Massachusetts Highway Com- 
mission to post such regulation conspicuously on sign boards at such 
points as the commission may deem necessary. 

Dec. 24, 1906. 
Austin B. Fletcher, Esq., Secretary, Massachusetts Highway Commis- 
sion. 
Dear Sir: — In a communication dated October 25 you state 
that the selectmen of the town of Harwich have duly adopted 
and published, as required by law, the following speed regula- 
tion relating to automobiles : — 

The selectmen of Harwich have restricted the speed of automo- 
biles and motor cycles upon the streets in the thickly settled parts 
of said Harwich, to nine miles per hour. Said restriction is made 
under the Acts of 1903, chapter 473, as amended by chapters 311 
and 366 of the Acts of the year 1905, and chapter 412 of the Acts 
of the year 1906. 

You inquire whether in my opinion such regulation is a special 
regulation within the meaning of the statute therein cited, and 
whether in the absence of protest the commission is required to 
erect speed signs on all roads located within the thickly settled 
portion of the town of Harwich. 

St. 1903, c. 473, § 8, established a speed limit of fifteen miles 
an hour outside the limits of a city or the thickly settled portion 
of a town or fire district, and of ten miles within a city or the 
thickly settled or business part of a town or fire district. This 



2 ATTORNEY-GENERAL'S REPORT. [Jan. 

section was amended by St. 1906, c. 412, which repealed so much 
of the section as established a speed limit, by providing that : — 

Every person operating an automobile or motor cycle on any pub- 
lic or private way laid out under the authority of law shall run it 
at a rate of speed at no time greater than is reasonable and proper, 
having regard to traffic and the use of the way and the safety of 
the public. 

The amendment then proceeds to establish rates of speed which 
shall be prima facie evidence that the operator is running his 
machine at a rate of speed greater than is reasonable and proper 
in the premises, such limits being twenty miles outside "the 
thickly settled or business part of a city or town " and twelve 
miles within such town. On curves and crossings, the speed 
which shall be prima facie unreasonable speed is eight miles. In 
section 2 the act construes the phrase " thickly settled or business 
part of a city or town/' as follows : — 

The phrase " thickly settled or business part of a city or town ", 
in section one of this act shall be deemed to mean the territory of 
a city or town contiguous to any such way which is built up with 
structures devoted to business, or the territory of a city or town 
contiguous to any such way where the dwelling houses are situated 
at such distances as will average less than two hundred feet between 
such dwelling houses for a distance of a quarter of a mile or over. 

By St. 1905, c. 366, the city council of a city or the board of 
aldermen of a city having no common council, and the selectmen 
of a town — 

may make special regulations as to the speed of automobiles and 
motor cycles and as to the use of such vehicles on particular roads 
or ways, including their complete exclusion therefrom. If they de- 
termine that on any particular way a speed greater than the speeds 
specified in section eight of chapter four hundred and seventy-three 
of the acts of the year nineteen hundred and three may be per- 
mitted with safety, they may make such special regulations as may 
appear to them to be necessary: provided, however, that no such 
special regulation increasing or lessening the speed at which auto- 
mobiles and motor cycles may be run on the public highways, or 
excluding them therefrom, shall be effective unless such regulation 
shall have been published in one or more newspapers, if there be 
any, published in such city or town, otherwise in one or more news- 
papers published in the county in which the city or town is situated. 



1908.] PUBLIC DOCUMENT — No. 12. 3 

The act contains provisions for protest before the Massachu- 
setts Highway Commission, in which case such special regulation 
is not valid until approved by such Board, and then continues : — 

Such special regulations shall be posted conspicuously by or under 
the direction of the Massachusetts highway commission on sign 
boards at such points as the board may deem necessary. The cost 
of such sign boards and the expenses in connection with their erec- 
tion and maintenance shall be paid out of the appropriation for 
expenses in connection with the registration of automobiles and 
motor cycles and the licensing of operators thereof. 

This act was amended by St. 1906, c. 412, § 9, which changed 
the words " fifteen days," the period allowed after publication 
for protest, to " sixty days." 

Assuming that the regulation referred to by the Massachusetts 
Highway Commission in their communication has been duly 
passed and published, as required by the statutes above quoted, 
I am of opinion that it is to be treated as a " special regulation 
as to the speed of automobiles and motor cycles," which it was 
within the power of the selectmen to pass, by authority and in 
accordance with the provisions of St. 1905, c. 366, and as such 
it becomes the duty of the commission to post such regulations 
conspicuously " on sign boards at such points as the board may 
deem necessary." 

It is to be observed that the selectmen of a town are authorized 
by the statute to make special regulations of two distinct classes : 
first, as to the speed of automobiles and motor cycles; and, sec- 
ond, as to the use of such vehicles on particular roads or ways. 
From the language of the statute, it would seem that the regu- 
lations as to speed need not necessarily be limited to specific 
roads or ways, but may be made generally applicable either to 
the thickly settled or business portion of the town, or to that part 
of the town without the thickly settled or business portion. 
Moreover, the statute imposes no limitation as to the regulation 
of speed, and it would seem that a regulation limiting the speed 
to nine miles an hour (only three miles less than the rate which 
the statute makes prima facie evidence of improper driving) 
would not be a unreasonable regulation. For these reasons I con- 
clude, as above stated, that the regulation is within the terms 
of the statute. 

Very truly yours, 

Dana Malone, Attorney-General. 



ATTORNEY-GENERAL'S REPORT. [Jan. 



Contagious Diseases — State Board of Health — Co-ordinate 
Powers ivith Local Boards of Health — Cities and Towns. 

Under E. L., c. 75, § 8, providing in part that " if smallpox or any other 
contagious or infectious disease dangerous to the public health exists 
or is likely to exist in any place within the Commonwealth," the 
State Board of Health shall make an investigation thereof and 
" shall have co-ordinate powers as a board of health in every city 
and town, with the board of health thereof . . ." the exercise of 
such co-ordinate powers by the State Board of Health is confined 
to places throughout the Commonwealth where contagious diseases 
exist or seem likely to exist. 

Jan. 18, 1907. 
Charles Harrington, M.D., Secretary, State Board of Health. 

Dear Sir : — Your Board asks my opinion upon the question 
whether or not by R. L., c. 75, § 8, it is given co-ordinate powers 
with local boards of health throughout the Commonwealth, or 
whether such powers are created only when contagious disease 
exists or seems likely to exist in any given place, and are con- 
fined to such place and to the duration of the contingency above 
referred to. 

R. L., c. 75, § 8, is as follows : — 

If smallpox or any other contagious or infectious disease danger- 
ous to the public health exists or is likely to exist in any place within 
the commonwealth, the state board shall make an investigation 
thereof and of the means of preventing the spread of the disease, 
and shall consult thereon with the local authorities. It shall have 
co-ordinate powers as a board of health, in every city and town, with 
the board of health thereof, or with the mayor and aldermen of a 
city or the selectmen of a town in which there is no such board. 

It appears from this section that the principal duty of the 
Board created by this section of the statute, with relation to 
matters of health, was the investigation of contagious or in- 
fectious diseases and the prevention of such diseases, and it is 
therefore provided that the Board shall consult with the local au- 
thorities thereon. Then follows the phrase under considera- 
tion, — " and shall have co-ordinate powers as a board of health, 
in every place, with the board of health," etc. 

The strong reason for assuming that the powers referred to are 
conferred only where contagious disease exists or is likely to exist 
is the fact that they are mentioned in a section which purports 
to treat only of contagious or infectious diseases. Upon the 



1908.] PUBLIC DOCUMENT — No. 12. 



whole, I am of opinion that the words as used in K. L., c. 75, 
§ 8, are applicable only to places throughout the Commonwealth 
where contagious disease exists or seems likely to exist, and are 
confined to such place. 

Very truly yours, 

Dana Malone, Attorney-General. 



Insurance — Assessment Insurance. — Foreign Corporation — 
Change from Assessment to Old Line Business — Valuation 
of Policies. 

A foreign insurance company admitted to this Commonwealth under the 
provisions of St. 1890, c. 421, an act relating to assessment in- 
surance, which transacted business therein under the provisions of 
such statute until June 9, 1899, when it was authorized to transact 
the business of old line life insurance and since such date has trans- 
acted such business, is entitled to have its policies valued and to 
have a reserve maintained thereon on the basis of renewable term 
insurance, in accordance with E. L., c. 118, § 11, cl. 4, par. 2. 

Feb. 13, 1907. 
Hon. Frederick L. Cutting, Insurance Commissioner. 

Dear Sir : — You request my opinion as to whether the 
Security Mutual Life Insurance Company of New York, which 
was admitted to Massachusetts in 1893 under the provisions 
of chapter 421 of the Acts of 1890, and transacted business in 
this Commonwealth as an assessment life company until June 
9, 1899, when it was authorized to transact business as an old 
line life company, and which has continued to transact such 
business in that way since that date, is entitled to have its 
policies valued in accordance with the second paragraph of the 
fourth clause of section 11 of chapter 118 of the Eevised Laws. 
This paragraph is as follows : — 

All policies or certificates of insurance issued before the first day 
of July in the year eighteen hundred and ninety-nine by corpora- 
tions which formerly transacted a life insurance business under the 
provisions of chapter four hundred and twenty-one of the acts of 
the year eighteen hundred and ninety and acts in amendment thereof, 
and which now have authority to do business in this commonwealth 
under the provisions of this chapter, which policies or certificates 
are in force on the thirty-first clay of December of any year and 
which contain a provision for a payment other than the premium 
stipulated therein and under which the duration of the premium 



6 ATTORNEY-GENERAL'S REPORT. [Jan. 

payment is the same as the duration of the contract, except in en- 
dowment certificates and endowment policies, shall be valued and 
shall have a reserve maintained thereon on the basis of renewable 
term insurance as fixed by attained age in accordance with the pro- 
visions of this chapter. To the reserve liability determined as above 
the insurance commissioner shall add the determinate contract re- 
serve under any other policies or certificates issued by said com- 
panies, before said first day of July and remaining in force on the 
thirty-first day of December of any year, and in the absence of such 
contract reserve shall value them as contracts providing similar bene- 
fits are to be valued under the provisions of this chapter. But under 
no policy or certificate shall a greater aggregate reserve liability be 
charged than is otherwise required by this chapter. All policies of 
life insurance issued by any such corporation subsequent to the 
first day of July in the year eighteen hundred and ninety-nine, in- 
cluding those which contain a provision for a payment other than 
the premiums specified therein, shall be valued and a reserve main- 
tained thereon according to the provisions of this chapter, but all 
such policies issued by said former assessment corporations prior to 
the first day of January in the year nineteen hundred and three, 
shall be valued taking the first year as one-year-term insurance. 

Chapter 229 of the Acts of 1899 was passed April 1, 1899, 
but by section 8 was to take effect July 1, 1899. This Company 
changed its business from an assessment to an old line form of 
business on June 9, 1899, as it was entitled to under the law as 
it stood prior to the passage of chapter 229 of the Acts of 1899. 

I am of opinion that the Legislature did not intend to limit the 
benefits conferred by the portion of the section above quoted 
to those companies that changed from an assessment to an old 
line form of insurance upon or subsequent to July 1, 1899. 
Consequently, R. L., c. 118, § 11, cl. 4, par. 2, does not exclude 
this company simply on the ground that on the first day of 
July, 1899, it was already engaged in transacting old line 
insurance. Therefore, the compan}^ is entitled to have its poli- 
cies valued in accordance with the provisions of the above quoted 
section. 

Very truly yours, 

Dana Maloxe, Attorney-General. 



1908.] PUBLIC DOCUMENT — No. 12. 



Pauper — Derivative Settlement — Retroactive Statute. 

A pauper born in 1830 who derived a settlement from his father in 1843, 
which became fixed when such pauper became of age, had acquired a 
settlement before the first day of May, 1860, and such settlement 
was therefore defeated and lost by the retroactive provision of E. L., 
c. 80, § 6, notwithstanding the fact that the settlement of the father 
came within the exception contained in such statute, and was not 
defeated thereby. 

March 5, 1907. 
J. F. Lewis, M.D., Superintendent. 

Dear Sir : — You request my opinion upon the following 
statement of 'facts : — 

The pauper was born in Wareham, Mass., 1830; removed to 
Fairhaven, Mass., in 1833, where he derived a settlement from his 
father, who acquired a settlement in same place in 1843. The 
pauper since his majority has performed none of the acts nec- 
essary to acquire a settlement. His father continued to reside in 
Fairhaven until his death, July 6, 1874, owning and occupying 
a freehold estate each year since 1843. Under the provisions of 
R. L., c. 80, § 6, " Any settlement which was not fully acquired 
subsequent to the first day of May, in the year eighteen hundred 
and sixty, is hereby defeated and lost, unless such settlement pre- 
vented a subsequent acquisition of settlement in the same place; 
. . ." As the father's settlement was saved under the exception, 
and that settlement acquired when the son was a minor, does it fol- 
low that the settlement of the son, the pauper, is not lost? 

The settlement of the pauper in question, derived from his 
father in 1843, became fixed when the pauper became of age 
in 1851, and thereafter was unaffected by any subsequent loss 
or acquisition of settlement by his father. He had, therefore, a 
settlement in the town of Fairhaven, acquired before the first 
day of May, 1860, and such settlement was clearly defeated 
and lost by the retroactive provision of E. L., c. 80, § 6, — " Any 
settlement which was not fully acquired subsequent to the first 
day of May in the year eighteen hundred and sixty is hereby 
defeated and lost, unless such settlement prevented a subsequent 
acquisition of settlement in the same place/' — since after 1851 
he did nothing which would entitle him to a settlement either 
in Fairhaven or elsewhere, and does not come, therefore, within 
the exception in the above-entitled section. The fact that the 
father's settlement did come within the exception and was not 



8 ATTORNEY-GENERAL'S REPORT. [Jan. 

lost seems to me to be immaterial in respect to the settlement of 
the son. 

Very truly yours, 

Dana Maloxe, Attorney-General. 



State Board of Health — Nuisance — Jurisdiction — Abatement 
of Nuisance — Pending Complaint to Local Board of Health 
and Bill of Complaint in Superior Court. 

The State Board of Health may, under the provisions of R. L., e. 75, 
§ 109, entertain an application or complaint alleging that a corpo- 
ration engaged in the manufacture of cement is maintaining a 
nuisance upon its premises, and may investigate the conditions at- 
tending such manufacture upon such premises, notwithstanding that 
such corporation was authorized by the local authorities to engage in 
and carry on the business of manufacturing cement at such place, 
and notwithstanding that a bill of complaint of the same tenor 
was filed by the petitioner and is now pending before the Superior 
Court, and that a like complaint has been presented to the local 
board of health, upon which such board has not yet acted. 

March 16, 1907. 
Charles Harrington, M.D., Secretary, State Board of Health. 

Dear Sir : — The State Board of Health requests my opinion 
as to its jurisdiction in the matter of a complaint directed against 
the Russia Cement Company of Gloucester, and a petition for 
the abatement of a nuisance alleged to exist on the premises 
of said company. The Russia Cement Company moved to dis- 
miss the complaint for the reason that the State Board of 
Health lacked jurisdiction. 

It appears that the business of the Russia Cement Company 
was being conducted upon the same premises to which the corpo- 
ration had been assigned by the local board of health in 1881, 
and in buildings occupied and used by the written permission of 
the mayor and board of aldermen ; that at the time of riling the 
petition the said business was being conducted on said premises 
under the regulations of and in the mode prescribed by the local 
board of health, and with its approval; that on July 16, 1906, 
the same petitioner made a like complaint to the local board, 
which complaint is now held under advisement by that board; 
and that on Oct. 11, 1906, the same petitioner filed a bill of 
complaint of the same tenor and effect in the Essex Superior 



1908.] PUBLIC DOCUMENT — No. 12. 9 

Court, praying for an injunction and the prohibition of said 
business, and the same is now pending in said court. 

The cement company objects to the jurisdiction of the State 
Board of Health : — 

(1) Because of the proceeding in and before the local board 
of health. 

(2) By reason of the proceedings in and before the Superior 
Court. 

The jurisdiction of the State Board of Health is under E. L., 
c. 75, § 109, which reads as follows : — 

If any buildings or premises are so occupied or used, the state 
board of health shall, upon application, appoint a time and place 
for hearing the parties and, after due notice therefor to the party 
against whom the application is made and a hearing, may, if in its 
judgment the public health, comfort or convenience so require, order 
any person to desist from further carrying on said trades or occu- 
pations in such building or premises; and whoever thereinafter con- 
tinues so to occupy or use such buildings or premises shall forfeit 
not more than two hundred dollars for every month of such occu- 
pancy and use, and in like proportion for a shorter time. 

The question is, therefore, whether the fact that a license has 
been issued to the Eussia Cement Company by the local author- 
ities, and the business of said company is conducted with the 
approval and subject to the regulation of the local board of 
health, and that a petition has been filed in the Superior Court 
to enjoin such company from maintaining a nuisance, limits 
the jurisdiction of the State Board of Health in the premises. 

The power of the State Board of Health under E. L., c. 75, 
§ 109, was first established in St. 1871, c. 161, which authorized 
such Board to forbid the exercise of an offensive trade in any 
municipality of more than 4,000 inhabitants. See Sawyer v. 
State Board of Health, 125 Mass. 192, where the court say : — 

It simply gives to the State Board of Health jurisdiction, whether 
concurrent with the town boards or exclusive it is not material to 
this case to inquire, in cities and large towns, to do what may be 
done in every town of the Commonwealth by the local board of 
health. 

In Cambridge v. Trelegan, 181 Mass. 565, the court state, 
in speaking of the authority of the local board to forbid the 
carrying on of a slaughter house as dangerous to the public 
health after license by the proper authority : — 



10 ATTORXEY-GENERAL'S REPORT. [Jan. 

From its origin the policy of requiring the license mentioned has 
been shown not to be exclusive of the exercise of their usual powers 
by boards of health by the express grant of power to the State 
Board of Health to prohibit carrying on the business of slaughter- 
ing in a building or premises occupied for that purpose. St. 1871, 
c. 167, § 2; St. 1874, c. 30S; Pub. Sts., c. SO, § 93; R. L., c. 75, 
§ 109. The court is of opinion that this grant of power is not 
exclusive, and that it would be unwarranted and anomalous to hold 
the license good against the local board acting under Pub. Sts., c. 
80, § 84, R. L., c. 75, § 91, when it would be no answer to the 
State Board acting under what is now another section of the same 
chapter of the Revised Laws. See Sawyer v. State Board of Health, 
125 Mass. 182, 191, 192; Stone v. Heath, 179 Mass. 385. 

In these cases it appears clear that the jurisdiction of the 
State Board of Health is at least concurrent with that of local 
boards of health in cities and towns of more than 5,000 in- 
habitants; and the fact that the local board of health refuses 
to act in the premises does not in any way affect the right of the 
State Board of Health to proceed. Indeed, it may well have 
been that the Legislature intended that the State Board under 
just such circumstances should have the power to intervene, and 
prohibit the carrying on of business injurious to the public 
health. 

I am therefore of opinion that the fact that the question con- 
cerning the Russia Cement Company had been raised before the 
local board of health, and that the method of business of such 
company had been approved by such board, does not affect the 
present proceedings brought before the State Board of Health. 

In respect to the proceedings pending before the Superior 
Court, the case of Stone v. Heath, 179 Mass. 385, seems to be 
conclusive. In that case the court say, in discussing action by a 
local board of health (p. 389) : — 

And if it be true, as alleged, that action was taken with a view 
to affect proceedings in the suit pending in the Superior Court be- 
tween the plaintiffs and the water company, that also furnishes no 
ground for interference with the board of health. It often happens 
that the proceedings in one tribunal are affected or may be affected 
by action taken by another tribunal. Such action may even be taken 
with that purpose in view, so long as it is within the jurisdiction of 
the tribunal that acts, and may also be at the instance of one of 
the parties to the proceedings in the other tribunal. 



1908.] PUBLIC DOCUMENT — No. 12. 11 

I am of opinion, therefore, that the State Board of Health 
may proceed with the investigation of the question raised by the 
petition in this case, if it deems it proper to do so. 
Very truly yours, 

Dana Malone, Attorney-General. 



Automobiles — Cities and Towns — Special Regulations — 
.Statutory Construction. 

A regulation adopted by the selectmen of a town, fixing the speed limit 
for automobiles and motor cycles throughout such town " in fire dis- 
trict, eight miles per hour; outside, fifteen miles per hour," is a 
special regulation within the meaning of St. 1905, c. 366, the statute 
in force at the time of its adoption, although the limit so fixed 
coincides with the extreme limit established by such statute, and is 
unaffected by the enactment of St. 1906, c. 412, § 1, which estab- 
lished a rate of twelve miles in the thickly settled or business part 
of a city or town, and a rate of twenty miles outside thereof, as the 
extreme limit of speed. 

March 11, 1906. 

Austin B. Fletcher, Esq., Secretary, Massachusetts Highway Commis- 
sion. 

Dear Sir : — You state that the Massachusetts Highway Com- 
mission requests my opinion upon the following facts : — 

In 1905 the selectmen of Lenox, acting under the authority 
of St. 1905, c. 366, passed certain regulations excluding auto- 
mobiles and motor cycles from specified roads within the town 
of Lenox, and regulated the speed thereof throughout such town 
as follows : — 

Speed limits: In fire district, eight miles per hour; outside, fifteen 
miles per hour. 

No protest having been made, as provided for in said chapter, 
the Massachusetts Highway Commission caused to be posted on 
the roads from which motor vehicles were excluded by local 
regulation the signs required by the statute, but did nothing in 
the matter of posting the ways where the regulation specified 
that the speed limit should be fifteen miles per hour, or the 
roads within the fire district where the speed limit was set at 
eight miles per hour, for the reason that the limitation imposed 
was identical with that fixed as an extreme limit by St. 1903, 
c. 473, § 8. 



12 ATTORNEY-GENERAL'S REPORT. [Jan. 

St. 1906, c. 412, § 1, established a rate of twelve miles for 
the thickly settled or business part of a city or town, and a rate 
of twenty miles outside such thickly settled or business portion, 
as the extreme limit of speed. 

Your letter then proceeds as follows : — 

The commissioners are doubtful as to what their duty now is. 
They are uncertain as to whether the Acts of 1906 nullify what the 
selectmen in 1905 thought was a special regulation, or whether the 
fifteen-mile speed mentioned in the regulation, which then agreed 
with the State law, now becomes a special regulation, imder the 
Acts of 1905, chapter 366. 

St. 1905, c. 366, § 1, which so far as quoted is substantially 
the same as St. 1906, c. 412, § 9, provides that : — 

The city council of a city or the board of aldermen of a city 
having no common council, and the selectmen of a town, may make 
special regulations as to the speed of automobiles and motor cycles 
and as to the use of such vehicles on particular roads or ways, in- 
cluding their complete exclusion therefrom. . . . Such special regu- 
lations shall be posted conspicuously by or under the direction of 
the Massachusetts highway commission on sign boards at such points 
as the board may deem necessary. . . . 

The question submitted must be determined by the definition 
to be given to the term " special regulation," as used in the 
provisions of St. 1905, c. 366 : — 

Such special regulation shall be posted conspicuously by or under 
the direction of the Massachusetts highway commission on sign boards 
at such points as the board may deem necessary. 

I am of opinion that this phrase is to be construed to include 
all regulations made by any city or town in pursuance of the 
authority conferred by that statute or by any of its amendments. 
The general regulation is the speed limit established by the 
statute of the Commonwealth; the special regulation is that es- 
tablished by any city or town under authority of the statute; 
and in my judgment it is immaterial whether this regulation 
coincides with the extreme limit established by statute or not. 
It is, therefore, the duty of the State Highway Commission to 
post such regulations as are made by cities or towns in accordance 
with the provisions of the statute directing that in cases where 
no protest is made it shall be the duty of the commission to 



1908.] PUBLIC DOCUMENT — No. 12. 13 

post the regulation in question conspicuously on sign boards at 
such points as the Board may deem necessary. It follows that 
it was the duty of the commission to post these regulations when 
first passed; and that duty remains unaffected by the provisions 
of St. 1906, c. 412, which amended the former act by striking 
out the words " fifteen days/' in the nineteenth line, and insert- 
ing in place thereof the words " sixty days," but did not other- 
wise alter the provisions of law. 

I am unable to appreciate the force of the suggestion that 
by the amending act (St. 1906, c. 412, § 9), which made no 
change in St. 1905, c. 366, § 1, further than substituting the 
word " sixty " for the word " fifteen " in the nineteenth line of 
such section, all by-laws or ordinances relating to or regulating 
the use of automobiles in force upon June 24, 1906, were ren- 
dered null and void. 

An amendatory statute is in general to be read into and 
construed as a part of the act amended, and the repetition of 
provisions contained in the earlier act serves only to continue 
them as parts of the original enactment. See United Hebrew 
Association v. Benshimol, 130 Mass. 325; McLaughlin v. New- 
ark, 57 N. J. L. 298. 

In the present case it is inconceivable that the Legislature, 
by an amendment which involves merely the alteration of a 
single word, should have intended thus indirectly and by im- 
plication to give a new and more comprehensive meaning to 
the word "now" as used in that provision, which is merely a 
repetition of law already existing, — that " no ordinance, by-law 
or regulation now in force in any city or town . . . shall here- 
after have any force or effect," or to accomplish so comprehensive 
a result as the repeal of all municipal ordinances or regulations 
upon the subject of automobiles which existed at the date when 
such amendment became operative. 

Your communication contains a further reference to the reg- 
ulation adopted by the town of Harwich, upon which you sub- 
mitted an inquiry on Oct. 25, 1906, and which I have duly 
considered, relative to the authority of a city or town to establish 
a speed limit applicable to the several divisions of the town, as, 
for instance, the thickly settled portion of the town and the part 
without the thickly settled portion. Assuming that in the present 
case the term "fire district" substantially coincides with the 
" thickly settled portion of the town," I am of opinion that such 
regulation is clearly within the authority of the town ; and in any 



14 ATTORXEY-GENERAL'S REPORT. [Jan. 

event it may be doubted how far there is jurisdiction in the 
Massachusetts Highway Commission to pass upon the legality 
or sufficiency of such regulations as adopted by the several 
cities and towns. In cases where no protest is made or hearing 
granted, their duty would seem to be simply to cause such rules 
and regulations to be conspicuously posted at the proper points. 
Very truly yours, 

Dana Malone, Attorney-General. 



Constitutional Law — Acceptance of Statute — Approval by 
Majority of Qualified Voters of Commonwealth. 

So much of Senate Bill No. 9, entitled " An Act to fix the punishment 
for the crime of murder," as purports to provide that such act 
shall take effect when approved by a majority of the voters of the 
Commonwealth, is unconstitutional. 

April 3, 1907. 
Hugh P. Drysdale, Esq., Cleric, Committee on the Judiciary. 

Dear Sir : — I have your letter in which you say that the 
joint judiciary committee ask my opinion as to the constitution- 
ality of section 5 of Senate Bill No. 9. The title of that bill is, 
" An Act to fix the punishment for the crime of murder." Said 
section 5 reads as follows : — 

This act shall take effect when approved by a majority of the 
qualified voters of the Commonwealth at the next annual state elec- 
tion. 

In the Opinion of the Justices, 160 Mass. 586, our Supreme 
Judicial Court has said that there is nothing in our Constitution 
which would lead one to think that the people desired that any 
law should ever be submitted to them for approval or rejection; 
that by the Constitution the Senate and the House of Eepre- 
sentatives have been made the legislative department of the 
government. 

Apparently it was thought that the persons selected for the execu- 
tive, legislative and judicial offices in the manner prescribed in the 
Constitution would be men of good character and intelligence, of 
some experience in affairs and of some independence of judgment, 
and would have a better opportunity of obtaining information, tak- 
ing part in discussion and carefully considering conflicting opinions, 



1908.] PUBLIC DOCUMENT — No. 12. 15 

than the people themselves; and the people therefore put the re- 
sponsibility of carrying on the government upon their representa- 
tives. 

The question under consideration was an act granting to 
women the right to vote in town and city elections. The act 
provided that it should take effect throughout the Common- 
wealth on its acceptance by a majority vote of the voters of the 
whole Commonwealth. 

The question was further considered in the case of Brodbine 
v. Revere, 182 Mass. 600; and the court, speaking by Chief 
Justice Knowlton, said : — 

It is well established in this Commonwealth and elsewhere that 
the Legislature cannot delegate the general power to make laws, 
conferred upon it by a Constitution like that of Massachusetts. 
This doctrine is held by the courts almost universally. 

These decisions seem conclusive, and I am therefore of opinion 
that it would be unconstitutional to provide that said act shall 
take effect when approved by a majority of the voters of the 
Commonwealth. 

Very truly yours, 

Dana Malone, Attorney-General. 



Massachusetts State Sanatorium — Application — Preference of 

Citizens. 

Under the provision of St. 1907, c. 222, § 1, that " preference shall be 
given to those applicants who are citizens of the Commonwealth," 
the trustees of the Massachusetts State Sanatorium are authorized 
to give precedence in cases of tuberculosis: first, to incipient cases 
of citizens; second, to advanced cases of citizens; third, to incipient 
cases where the applicants are not citizens; and fourth, to advanced 
cases where the applicants are not citizens. 

April 11, 1907. 

J. F. A. Adams, M.D., Chairman, Board of Trustees of Massachusetts 
State Sanatorium. 

Dear Sir : — I have your letter of the 4th, in which you say 
that the trustees of the Massachusetts State Sanatorium desire 
to ask my opinion on the effect of chapter 222 of the Statutes 
of 1907, section 1 of which is as follows : — 



16 ATTORNEY-GENERAL'S REPORT. [Jan. 

In the admission of persons to the Massachusetts state sanatorium 
preference shall be given to those applicants who are citizens of the 
Commonwealth. 

You say that the State Sanatorium was established by St. 
1895, c. 503, under the name of Massachusetts Hospital for 
Consumptives and Tubercular Patients; that the name was 
changed to Massachusetts State Sanatorium by St. 1900, c. 192 ; 
that there is no provision of law which defines the objects of 
the institution or the admission of patients ; that cases of tuber- 
culosis are divided by the medical profession into three classes, 
according to the progress the disease has made, — ( 1 ) incipient, 
(2) advanced and (3) far advanced; and that the trustees have 
for the past ten years admitted only persons who after medical 
examination were pronounced to be in the incipient stages of 
tuberculosis, believing that in so doing they were best carrying 
out the object of the institution, but that whenever there were 
not sufficient incipient cases to fill the institution, moderately 
advanced cases were accepted, and that incurable cases are not 
accepted. You say there are not sufficient applications from 
incipient cases to fill the sanatorium, and moderately advanced 
cases are frequently admitted, but only when their admission 
does not result in preventing the admission of incipient cases. 

You ask whether chapter 222 of the Acts of 1907 compels 
you to admit persons in the moderately advanced or incurable 
stages of tuberculosis who are citizens of Massachusetts, in pref- 
erence to applicants in the incipient stages of tuberculosis who 
are residents but not citizens. 

I think the law as it stands to-day authorizes you to admit 
(1) incipient cases where the persons are citizens, (2) advanced 
cases where the persons are citizens, and preference must be 
given to these two. I see no objection to your making a rule 
that you will not admit far advanced cases. If you should do 
that, you can then, after having provided for the incipient and 
advanced cases where the applicants are citizens, admit, first, 
incipient cases where the applicants are not citizens, and then 
advanced cases where the applicants are not citizens. 

In other words, my conclusion is that you would be warranted 
in giving preference (1) to incipient cases of citizens, (2) to 
advanced cases of citizens, (3) incipient cases where the appli- 
cants are not citizens, and (4) advanced cases where the appli- 
cants are not citizens. 

Very truly yours, 

Dana Malone, Attorney-General. 



1908.] PUBLIC DOCUMENT — No. 12. 17 



County Commissioners of Bristol County — Compensation for 

Services as Members of Join I Board. 

The Governor and Council may. not provide compensation for the county 
commissioners of the county of Bristol for services as members of 
the joint board created by St. 1903, c. 462, to locate and construct 
a new drawbridge over Great Taunton Kiver, and consisting of the 
Board of Railroad Commissioners, the Board of Harbor and Land 
Commissioners, and the county commissioners of the county of Bristol. 



April 16, 1907. 
To His Excellency Curtis Guild, Jr., Governor. 

Sir : — My opinion is asked orally by Your Excellency as to 
whether or not the Governor and Council may provide compen- 
sation for the county commissioners of the county of Bristol 
for their services as members of the joint board created by 
chapter 462 of the Acts of 1903, to locate and construct a new- 
drawbridge over Great Taunton Kiver, between the city of Fall 
Eiver and the town of Somerset. 

Section 1 of this chapter provides that : — 

The board of railroad commissioners, the board of harbor and 
land commissioners and the comity commissioners of the county of 
Bristol, who are constituted a joint board to act by a majority vote 
of all the members, are hereby authorized and directed to locate and 
construct a new drawbridge between the city of Fall River and the 
town of Somerset, over Taunton Great river . . . 

Section 5 provides for the appointment of a special com- 
mission to estimate and determine the towns, cities and corpo- 
rations to be assessed for the cost of constructing and maintain- 
ing the bridge. 

Section 6 provides that : — 

. . . The members of the board of railroad commissioners, the 
board of harbor and land commissioners and the special commission 
appointed under this act shall receive such compensation as the 
governor and council shall approve, the same to be paid by 'the 
county of Bristol. . . . 

I am of opinion that the Governor and Council have no 
authority under the act in question to approve or vote any 
compensation to the county commissioners of Bristol County. 
The words " special commission " do not in my opinion indi- 



18. ATTOEXEY-GENEKAL'S EEPOET. [Jan. 

cate the whole of the joint commission, but refer to the special 
commissioners to be appointed under section 5. 
Very truly yours, 

Dana Malone, Attorney-General. 



Registered Pharmacist — Conduct of Business — Attendance of 
Registered Pharmacist. 

R. L., c. 76, § 23, requires that an unregistered member of a copartner- 
ship engaged in the business of pharmacy, who compounds for sale 
or dispenses for medicinal purposes drugs, medicines, chemicals or 
poisons, shall do so only under the personal supervision of a regis- 
tered pharmacist. 

April 18, 1907. 
"William F. Sawyer, Esq., Secretary, Board of Registration in Pharmacy. 
Dear Sir : — By your communication of March 28 you seek 
my opinion upon the question whether, under E. L., c. 76, § 23, 
it is necessary " for a registered pharmacist to be in attendance 
at all times in a drug store while conducting the business of a 
pharmacist." The section referred to is as follows : — 

The provisions of sections twenty-one to twenty-nine, inclusive, 
of chapter one hundred, section twenty-six of chapter seventy-five 
and section two of chapter two hundred and thirteen shall not apply 
to physicians who put up their own prescriptions or dispense medi- 
cines to their patients; nor to the sale of drugs, medicines, chemi- 
cals or poisons at wholesale only; nor to the manufacture or sale 
of patent and proprietary medicines; nor to the sale of non-poison- 
ous domestic remedies usually sold by grocers and others; nor shall 
any unregistered member of a copartnership be liable to the penal- 
ties hereof if he retails, compounds for sale or dispenses for medic- 
inal purposes drugs, medicines, chemicals or poisons only under the 
personal supervision of a registered pharmacist. The widow, ex- 
ecutor or administrator of a registered pharmacist who has died or 
the wife of one who has become incapacitated may continue his 
business under a registered pharmacist. 

In reply I beg to advise you that the statute clearly requires 
that an unregistered member of a copartnership who compounds 
for sale or dispenses for medicinal purposes drugs, medicines, 
chemicals or poisons shall do so only under the personal super- 



1908.] PUBLIC DOCUMENT — No. 12. 19 

vision of a registered pharmacist, and such supervision can exist 
only when a registered pharmacist is present. 
Very truly yours, 

Dana Malone, Attorney-General. 



Labor — Eight-hour Law — Domestic Servants — Holidays. 

Under St. 1907, c. 269, amending St. 1906, c. 517, and providing that no 
laborer, workman or mechanic employed by or on behalf of the Com- 
monwealth or of any county therein or in any city or town which has 
accepted the provisions of E. L., c. 106, § 20, " shall be requested or 
required to work more than eight hours in any one calendar day or 
more than forty-eight hours in any one week, except in cases of ex- 
traordinary emergency," cooks, maids, or other domestic servants 
may not be requested or required to work more than eight hours in 
any one calendar day or more than forty-eight hours in any one 
week, except in cases of extraordinary emergency. 

No workman, laborer or mechanic so employed may be requested to work 
more than eight hours in any one calendar day, except in cases where 
a Saturday half -holiday is given, in which case the hours of labor 
on other working days may be increased to make a total of forty- 
eight hours for the week's work. 

Employees may arrange between themselves to substitute for each other 
in providing for vacation periods; but they may not be requested 
or required so to do by their employers if it results that such ar- 
rangement involves more than eight hours' work by any of the 
parties in any one day. 

Where an employee at a State insane hospital, as a precautionary meas- 
ure, is required to remain and to sleep in a room adjoining the room 
of a patient or a dormitory, the time of sleep is not to be considered 
as time on duty. 

April 26, 1907. 
E. V. Scribner, M.D., Superintendent of the Worcester Insane Hospital. 
Dear Sir : — I have your letter of the 25th, in which you ask 
my opinion upon certain questions relative to the so-called eight- 
hour law, being chapter 269 of the Acts of 1907, section 1 of 
which reads as follows : — 



Section one of chapter five hundred and seventeen of the acts of 
the year nineteen hundred and six is hereby amended by inserting 
after the word " laws," in the sixth line, the following : — No laborer, 
workman or mechanic so employed shall be requested or required to 
work more than eight hours in any one calendar day or more than 
forty-eight hours in any one week except in cases of extraordinary 
emergency. Only a case of danger to property, to life, to public- 



20 ATTORNEY-GENERAL'S REPORT. [Jan. 

safety, or to public health shall be considered a case of extraordinary 
emergency within the meaning of this section. Engineers shall be 
considered mechanics within the meaning of this act, — and by add- 
ing at the end of the section the following : — Threat of loss of 
employment or threat to obstruct or prevent the obtaining of em- 
ployment, or threat to refrain from employing in the future shall 
be considered requiring within the meaning of this section, - — so that 
the section as amended will read as follows : — Section 1. Eight 
hours shall constitute a day's work for all laborers, workmen and 
mechanics now or hereafter employed by or on behalf of the Com- 
monwealth, or of any county therein, or of any city or town which 
has accepted the provisions of section twenty of chapter one hun- 
dred and six of the Revised Laws. No laborer, workman or me- 
chanic so employed shall be requested or required to work more than 
eight hours in any one calendar day or more than forty-eight hours 
in any one week except in cases of extraordinary emergency. Only 
danger to property, to life, to public safety or to public health shall 
be considered cases of extraordinary emergency within the meaning 
of this section. Engineers shall be considered mechanics within the 
meaning of this act. 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. Threat of loss of employment or threat 
to obstruct or prevent the obtaining of employment, or threat to 
refrain from employing in the future shall be considered requiring 
within the meaning of this section. 

1. You ask: "Is it permissible to employ domestics on the 
hourly basis ? " 

By domestics I assume that you mean house servants, both men 
and women; and I am of opinion that neither men nor women 
can be requested or required to work more than eight hours in 
any one calendar day, nor more than forty-eight hours in any 
one week, except in cases of extraordinary emergency. 

2. " May employees work overtime on other days, to make 
up for a holiday on any other clay than Saturday? " 

They cannot be requested or required to work more than eight 
hours in any one calendar day except in cases where a Saturday 
half-holiday is given, in which case 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. 

3. " Are cooks, maids and other domestics included under the 
eight-hour law ? " 

I am of opinion that they are so included. R. L., c. 8, § 4, cl. 
4, provides : " Words importing the masculine gender may be ap- 



1908.] PUBLIC DOCUMENT — No. 12. 21 

plied to females." The Supreme Court of the United States, in 
the case of Silver v. Ladd, 7 Wall. 219, held that the words 
" single man " and " married man," in construing a benevolent 
statute of the government made for the benefit of its own citi- 
zens, must be taken in the generic sense; and that an act of 
Congress, granting by way of donation land in Oregon Territory 
to every white settler or occupant, embraced within the term 
" single man " an unmarried woman. I have no reason to think 
the Legislature intended to discriminate between men and women 
doing the same work, by providing that a man should not be 
required to work more than eight hours, while a woman might be 
required to work much longer. 

4. " May employees arrange between themselves to substitute 
for each other, thus exchanging time off duty, — as, for instance, 
in arranging for a vacation of two weeks ? " 

There is no reason why they may not do so by mutual agree- 
ment ; but they should not be requested or required to work more 
than eight hours in any one day by their employer. 

5. " If an employee, as a precaution in case of fire or other 
emergency, is required to remain in a room adjoining a patient's 
room or dormitory, this employee being allowed and expected to 
go to bed and go to sleep, is this time of sleep to be considered 
as time on duty ? " 

No. It is no more a requirement than if you requested your 
employees to sleep in any particular building upon the premises 
of the hospital. 

Very truly yours, 

Dana Malone, Attorney-General. 



Board of Metropolitan Pari: Commissioners — Rules and Regu- 
lations — Roadways — Violation of Rules and Regulations 
— Arrest — Warrant. 

The authority of the Metropolitan Park Commission, under St. 1893, c. 
407, § 4, and St. 1894, c. 288, § 3, to make rules and regulations for 
the government and use of open spaces, lands, rights and easements 
or interests in land, is the same whether such lands or rights, ease- 
ments or interests in land to which such rules are applicable were 
acquired and are controlled by such commission under St. 1893, c. 
407, § 6, or St. 1896, c. 465, § 2. 

The term " roadways," as used in St. 1894, c. 288, § 3, includes roadways 
under the care of the Metropolitan Park Commission, constructed 
upon lands acquired under St. 1893, c. 407, §§4 and 6. 



22 ATTORNEY-GENERAL'S REPORT. [Jan. 

A police officer appointed by the Metropolitan Park Commission may 
arrest without warrant any person who violates in his presence any 
rule or regulation duly made by such commission by authority of 
St. 1894, c. 288; and may arrest without warrant any person who 
violates in his presence any rule or regulation duly made by such 
commission by authority of St. 1903, c. 407, whenever such violation 
involves acts which are in fact breaches of the public peace. 

May 10, 1907. 
John Woodbury, Esq., Secretary, Board of Metropolitan Park Commis- 
sioners. 

Dear Sir: — By a communication dated April 10, 1907, your 
Board inquires : — 

1. Whether or not the commission has authority to make rules 
and regulations for the government and use of open spaces, 
lands, rights, easements or interests in lands transferred to its 
care and control under either St. 1893, c. 407, § 6, or St. 1896, 
c. 465, § 2. 

2. Whether or not the term " roadways," referred to in St. 
1894, c. 288, § 3, includes roadways under the care of the com- 
mission, constructed upon lands acquired under St. 1893, c. 407, 
§§ 4 and 6. 

3. Whether or not a police officer appointed by the commission 
may arrest without warrant a person committing in his presence 
a violation of a rule enacted under either St. 1893, c. 407, § 4, 
or St. 1894, c. 288, § 3. 

The open spaces, lands, rights, easements or interests in lands 
referred to in the first inquiry are those transferred to the care 
and control of the Metropolitan Park Commission under the 
following statutes : — 

St. 1893, c. 407, § 6 : — 

Any city or town within said district, or any local board of such 
city or town, with the latter's consent, is hereby authorized and em- 
powered to transfer the care and control of any open space owned 
or controlled by it to the metropolitan park commission, upon such 
terms and for such period as may be mutually agreed upon; or to 
enter into an agreement with said commission for the joint care and 
preservation of open spaces within or adjacent to such city or town; 
and the metropolitan park commission may in like manner transfer 
the care and control of any open space controlled by it to any local 
board of a city or town within the said district, with the consent of 
such city or town and upon such terms and for such period as may 
be mutually agreed upon. 



1908.] PUBLIC DOCUMENT — No. 12. 23 

St. 1896, c. 465, §2: — 

Said commission is hereby authorized and empowered to transfer 
for care and control, including police protection, any lands or rights 
or easements or interest in land, although the same be a roadway or 
boulevard owned or controlled by it, to any city, town or county, or 
local board of a city or town within the metropolitan parks district, 
with the consent of such city, town, county or board, and upon such 
terms and for such period as may be mutually agreed upon, and to 
enter into an agreement with any such city, town or county or board 
for the joint care and control or police protection of said land or 
boulevard, and also for laying out, constructing and maintaining 
streets or ways into or across any such land or boulevard; and any 
city, town or county, or any local board within the metropolitan 
parks district, is hereby authorized and empowered to transfer for 
care and control, including police protection, any land, rights, ease- 
ments or interest in land in its control, although the same be al- 
ready a part of a public street owned or controlled by it, to the 
metropolitan park commission for such period and upon such terms 
as may be mutually agreed upon, and to enter into an agreement 
with said commission for the joint care and control, including police 
protection, of said land or street. 

The powers of the commission in the premises were first de- 
fined in St. 1893, c. 407, § 4, which provided that : — 

Said board shall have power to acquire, maintain and make avail- 
able to the inhabitants of said district open spaces for exercise and 
recreation; and to this end, acting so far as may be in consultation 
with the proper local boards, shall be authorized to take, in fee or 
otherwise, in the name and for the benefit of the Commonwealth, by 
purchase, gift, devise or eminent domain, lands and rights in land 
for public open spaces within said district, or to take bonds for the 
conveyance thereof; . . . 

In furtherance of the powers herein granted, said board may em- 
ploy a suitable police force, make rules and regulations for the gov- 
ernment 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. . . . 

St. 1894, c. 288, the so-called "boulevard act," provided in 
section 1 that the Board of Metropolitan Park Commissioners 



24 ATTORNEY-GENERAL'S REPORT. [Jan. 

might connect any road, park, way or other public open space 
with any part of the cities or towns of the metropolitan parks 
district under its jurisdiction, by a suitable roadway or boule- 
vard; and such commission was given for this purpose authority 
to exercise any of the rights and powers granted to it by the 
earlier act, in the manner therein prescribed, as well as the 
power to take or acquire, in fee or otherwise, by purchase, gift, 
devise or eminent domain, lands or rights or easements or in- 
terest in land within the metropolitan parks district, although 
the land so taken or any part of it was already a street or way. 
Section 3 is in part as follows : — 

In furtherance of the powers herein granted said board may ap- 
point clerks, police and such other employees as it may from time 
to time find necessary for the purposes of this act, remove the same 
at pleasure, and make rales and regulations for the government and 
use of the roadways or boulevards under its care, breaches whereof 
shall be breaches of the peace, punishable as such in any court hav- 
ing jurisdiction of the same; and in addition said board shall have 
the same rights and powers over and in regard to the roadways or 
boulevards taken and constructed hereunder as are or may be vested 
in them in regard to other open spaces by said chapter four hun- 
dred and seven and acts in amendment thereof and in addition 
thereto, and shall also have such rights and powers in regard to the 
same as, in general, counties, cities and towns have over public ways 
under their control. 

In an opinion by Attorney-General Parker, dated Aug. 21, 
1903 (2 Op. Atty.-Gen., 454), relating to the police jurisdiction 
of the Metropolitan Park Commission, it is said : — 

It follows, therefore, that the authority of the Metropolitan Park 
Commission with regard to police regulation of public open spaces 
does not differ from that which they have over parkways and boule- 
vards as denned in the opinion of last year already referred to 
(See 2 Op. Atty.-Gen., 363). 

St. 1894, c. 288, did not contain any provision by which a 
city or town within the district was empowered to transfer to 
the Metropolitan Park Commission open spaces within the con- 
trol or ownership of such city or town, or to enter into joint 
agreements for the care or preservation of open spaces, or by 
which the commission might transfer the care and control of 
open spaces to any local board of a city or town, as appears in 



1908.] PUBLIC DOCUMENT — No. 12. 25 

St. 1893, c. 407, § 6, above quoted. This omission was sup- 
plied in St. 1896, c. 465, entitled "An Act to better define 
the authority of the Metropolitan Park Commission." This 
statute, in section 1, deals exclusively with roadways or boule- 
vards (see 1 Op. Atty.-Gen., 588, 593) ; and in my opinion is 
to be construed to be supplementary to St. 1894, c. 288. Section 
2 of chapter 465 of the Acts of 1896 is hereinbefore quoted. 

I am of opinion that, so far as the power and authority of the 
Metropolitan Park Commission to make rules and regulations 
for the government of public open spaces, roadways or boule- 
vards is involved, it is the same whether the lands or rights, 
easements or interest in land, to which such rules are appli- 
cable, were acquired by the Board and are controlled by it under 
St. 1893, c. 407, § 6, or St. 1896, c. 465, § 2; and that such 
authority is defined in St. 1893, c. 407, § 4, and St. 1894, c. 288, 
§ 3. (See 2 Op. Atty.-Gen., 454.) 

The second inquiry deals with the term " roadways," as used 
in St. 1894, c. 288, § 3; and the substance of the inquiry is 
whether or not roadways constructed by the Metropolitan Park 
Commission upon lands acquired and held as open spaces, under 
the provisions of St. 1893, c. 407, are to be considered as park- 
ways, roadways or boulevards constructed under the provisions 
of St. 1894, c.^ 288. 

I am of opinion that they are to be so considered. It has 
already been decided that the commission may expend the money 
appropriated under the "boulevard act," so called (St. 1894, c. 
288), in constructing a roadway over land already acquired by 
such board under St. 1893, c. 407, if the purpose of such con- 
nection is to connect a road, park, way or other public open 
space within any part of the cities or towns of the metropolitan 
parks district under the jurisdiction of the commission (At- 
torney-General's Eeport, 1905, p. 11) ; and a consideration of the 
provisions of St. 1894, c. 288, appears to warrant a conclusion 
that it was contemplated by the Legislature that the commission 
should under such statute be authorized to construct parkways 
or boulevards across existing parks or open spaces under its 
control. This is forcibly shown by striking out of section 
1 of such act such words and phrases as do not directly bear 
upon the present question, so that it reads as follows : — 

The board of metropolitan park commissioners, constituted under 
the authority of chapter four hundred and seven of the acts of the 
year eighteen hundred and ninety-three is hereby authorized to take 



26 ATTORXEY-GENERAL'S REPORT. [Jan. 

. . . any lands . . . although the lands so taken ... be already a 
street or way, and to construct and maintain . . . over the same or 
any other land acquired by said board by said act a suitable road- 
way or boulevard. 

The word " same " in the above extract obviously refers to 
lands taken under the provisions of St. 1894, c. 288; while the 
words " or any other land acquired by said board by said act " 
as obviously refer to lands taken or acquired by the commission 
under the provisions of St. 1893, c. 407. (See words "said 
act/ 5 in eighth line of St. 1894, c. 288, § 1.) 

It follows, therefore, in my opinion, that the Board is ex- 
pressly authorized to construct, under the provisions of St. 1894, 
c. 288, roadways across public reservations or open spaces taken 
or acquired by it under the provisions of St. 1893, c. 407, and 
may make rules and regulations for the government and control 
of such roadways, under the provisions of the former statute, 
the so-called " boulevard act ; " or, in other words, that St. 1894, 
c. 288, § 3, providing that the commission may "make rules and 
regulations for the government and use of a roadway or boule- 
vard under its care, breaches whereof shall be breaches of the 
peace," is applicable as well to such roadways as to parkways 
or boulevards which connect with but do not cross the open 
spaces or reservations established under the " park act," so called. 

The remaining question is, whether or not a police officer ap- 
pointed by the commission may arrest without warrant any person 
who violates in his presence a rule or regulation duly made by 
the commission under either the " park act " or the " boulevard 
act." 

The powers and duties of the metropolitan park police are 
denned in St. 1897, c. 121, § 3, as follows : — 

The police appointed or employed by said commission, in accord- 
ance with the provisions of chapter four hundred and seven of the 
acts of the year eighteen hundred and ninety-three and chapter two 
hundred and eighty-eight of the acts of the year eighteen hundred 
and ninety-four and all acts in amendment thereof and in addition 
thereto, 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, and when on duty may carry such weapons as said commis- 
sion shall authorize. 

The power of police officers and constables to arrest without 
warrant any person committing in their presence a breach of the 



1908.] PUBLIC DOCUMENT — No. 12. 27 

peace, and to hold such person until he can be brought before a 
magistrate, has long been recognized. 

It has often been held that constables, as conservators of the 
peace, have power to arrest, upon view, persons violating the laws, 
and detain them until they can be brought before a magistrate. 
(Shaw, C.J., in Commonwealth v. Hastings, 9 Met. 259, 262.) 

And see CommomveaUh v. Tobin, 108 Mass. 426, 429 ; Parker 
v. Barnard, 135 Mass. 116, 117. 

And the common law authority of such officers has been much 
broadened by statute. So it is provided in E. L., c. 31, § 2, 
that : — 

The watch shall suppress and prevent all disturbances and dis- 
orders. During the night time, they may examine all persons abroad 
whom they have reason to suspect of an unlawful design, and may 
demand of them their business abroad and whither they are going; 
may disperse any assembly of three or more such persons; and may 
enter any building to suppress a riot or breach of the peace therein. 
Persons so suspected who do not give a satisfactory account of them- 
selves, persons so assembled and who do not disperse when ordered, 
and persons making, aiding or abetting in a riot or disturbance, 
may be arrested by the watch, and shall thereupon be safely kept, 
by imprisonment or otherwise, until the next morning and then taken 
before a police, district or municipal court or trial justice to be ex- 
amined and prosecuted. 

And in E. L., c. 212, § 36 : — 

Whoever is found in a state of intoxication in a public place, or 
is found in any place in a state of intoxication committing a breach 
of the peace or disturbing others by noise, may be arrested without 
a warrant by a sheriff, deputy sheriff, constable, watchman or police 
officer, and kept in custody in a suitable place until he has recovered 
from his intoxication. 

In E. L., c. 212, § 47, it is provided that in the case of rogues 
and vagabonds and other persons enumerated in the preceding 
section, they — 

may be apprehended by a sheriff, deputy sheriff, constable, police 
officer or watchman, or by any other person by the order of a magis- 
trate or any of said officers, without a warrant and be kept in cus- 
tody for not more than twenty-four hours, Sunday or a legal 
holiday excepted; and at or before the expiration of such time he 
shall be taken before a police, district or municipal court or trial 



28 ATTORNEY-GENERAL'S REPORT. [Jan. 

justice and proceeded against, as provided in the preceding section, 
or discharged as such court or justice shall determine. 

See also St. 1906, c. 403; B. L., c. 212, §§ 57-62, etc. 
It would seem, therefore, that the metropolitan park police, 
having all the powers of police officers and constables with re- 
spect to offences against the law, may arrest without warrant in 
case of any breach of the peace committed in their presence or 
in the case of any criminal act when by statute a warrant is 
dispensed with; and it remains to determine whether or not a 
breach of the rules and regulations established by the Metropoli- 
tan Park Commission is a breach of the peace within the rule 
apparently established by the decisions. In the case of rules 
or regulations made under the provisions of St. 1894, c. 288, no 
difficulty arises, for by section 3 breaches thereof are expressly 
made " breaches of the peace, punishable as such in any court 
having jurisdiction of the same." St. 1893, c. 407, does not con- 
tain identical language with this section, the words in that 
statute (section 4) being that the Metropolitan Park Commission 
may " make rules and regulations for the government and use 
of the public reservations under their care, and for breaches 
thereof affix penalties ... to be imposed by any court of com- 
petent jurisdiction ; " and it is, of course, conceivable that the 
addition of the specific declaration in the later act, that viola- 
tions of the rules and regulations relating to parkways and 
boulevards shall be breaches of the peace, was intended to create 
a distinction between the rules relating to reservations and public 
open spaces, and those applicable to parkways and boulevards; 
even if this be so, however, the distinction is not of great im- 
portance, for, so far as the violations of rules established under 
St. 1893, c. 407, § 4, do in fact constitute disturbances of the 
public peace upon such reservations or open spaces, they may be 
so treated, and the offender may be arrested without warrant, 
the officer in such case acting by authority inherent in his office. 
See Commonwealth v. Tobln. 108 Mass. 426, 429. And this class 
of offences must include by far the larger number of the cases 
in which the officer is called upon to act. 

Eeplying directly to the question as submitted, therefore, I am 
of opinion that a police officer appointed by the commission may 
arrest without warrant any person who violates in his presence 
any rule or regulation duly made by the commission by authority 
of St. 1894, c. 288, the so-called " boulevard act," and may arrest 



1908.] PUBLIC DOCUMENT — No. 12. 29 

without warrant any person who violates in his presence any 
rule or regulation duly made by the commission by authority 
of St. 1893, c. 407, the so-called " park act," whenever such 
violation involves acts which are in fact breaches of the public 
peace. 

Very truly yours, 

Dana Malone, Attorney-General. 



Treasurer and Receiver-General — Bonds of Commonwealth — 
Issue — Transfer to Executor or Administrator. 

The Treasurer and Eeceiver-General, under E. L., c. 6, § 74, which pro- 
vides " that the treasurer may . . . issue in substitution for mu- 
tilated, defaced or indorsed bonds presented to him other bonds of 
like or equivalent issues," may, at the request of an executor or 
administrator, transfer to such executor or administrator in his 
individual capacity bonds issued by the Commonwealth to a de- 
cedent or to the executor or administrator of a decedent, provided 
that in the case of an executor there is nothing in the will restrict- 
ing his general authority in the premises. 

May 23, 1907. 
Hon. Arthur B. Chapin, Treasurer and Receiver-General. 

Dear Sin : — You request my opinion as to whether you may, 
at the request of an executor or administrator, transfer bonds 
issued by the Commonwealth to such executor or administrator in 
his individual capacity. 1 assume that your question applies 
to bonds registered in the name of the decedent as well as to those 
registered in the name of an executor or administrator as such. 

Your authority to transfer bonds is derived from section 74 
of chapter 6 of the Eevised Laws, which provides that : — 

The treasurer may . . . issue in substitution for mutilated, de- 
faced or indorsed bonds presented to him other bonds of like or 
equivalent issues. 

There can be no doubt that in the case of bonds registered in 
the name of a deceased person, or of an executor or administrator 
as such, that the executor or administrator is the proper person 
to endorse them. You may, therefore, in the ordinary case 
legally register bonds so endorsed in the name of the transferee, 
upon satisfying yourself that the endorser is the executor or 
administrator. In my opinion, your duties in this regard are 
analogous to those of corporations with respect to the transfer of 



30 ATTORXEY-GEXERAL'S REPORT. [Jan. 

their corporate shares. It has "been held that a corporation must 
be presumed to know what are the legal powers of an executor, 
but not the particular provisions of any will; nor is it required 
to determine whether or not the executor is acting properly. 
Hutchins v. State Bank, 12 Met. 421 (423). When a transfer 
of its stock is presented to a corporation, it is bound at its peril 
to see that it is a genuine transfer by one who has power of 
disposition over the stock; but when a transfer by one who has 
the full power to transfer it is presented, the corporation has the 
right to act upon it, and it is not its duty to inquire into the 
purposes of the parties or to investigate the question whether that 
transaction is in good faith or is fraudulent. Crocker v. Old 
Colony R.R. Co., 137 Mass. 417. 

In the case of an executor I think it would be wise, although 
not absolutely necessar} T , to satisfy yourself that there is nothing 
in the will restricting his general authority as executor. In the 
absence of any such restriction upon the authority of an executor, 
and in any case without investigating the authority of an admin- 
istrator, you may properly transfer bonds duly endorsed, without 
regard to the person to whom the endorsement rims. 
Very truly yours, 

Dana Malone, Attorney-General. 



Civil Service — Vendor of Intoxicating Liquors — Agents. 

The words " vendor of intoxicating liquors," as used in R. L., c. 19, § 16, 
relating to the civil service, which provides in part that " no vendor 
of intoxicating liquors shall be appointed to or retained in any office, 
appointment or employment to which the provisions of this chapter 
apply," are applicable to one who either as principal or agent sells 
intoxicating liquor, and would include persons who drive about 
among the customers of their employers and deliver intoxicating 
liquors and collect money from such customers, and who make sales 
upon their routes, as well as persons who are employed as bartenders. 

May 24, 1907. 
Hon. Charles Warrex, Chairman, Civil Service Commissioners. 

Dear Sir : — You request me to define the words " vendor of 
intoxicating liquors," as used in section 16 of chapter 19 of the 
Revised Laws, relating to the civil service. That section is as 
follows : — 



1908.] PUBLIC DOCUMENT — No. 12. 31 

No person habitually using intoxicating liquors to excess and no 
vendor of intoxicating liquors shall be appointed to or retained in 
any office, appointment or employment to which the provisions of 
this chapter apply. 

The only real question as to the meaning of the word as used 
in this statute is whether or not it includes an agent as well as a 
principal. A vendor is "the seller; one who disposes of a thing 
in consideration of money." (Bouvier's Law Dictionary.) The 
vendor of land, as distinguished from the grantor, is he who nego- 
tiates the sale and becomes the recipient of the consideration, 
though the title comes to the vendee from another source and not 
from the vendor. Rutland v. Brister, 53 Miss. 683, 685. Thus, 
one who contracts to sell land which he does not own is a vendor. 
Of course the vendor is not in such case necessarily the agent of 
the grantor. The important thing is, however, that the vendor 
sells that to which he has no title. 

An early draft of the civil service bill used the words " person 
who holds a license for the sale/' instead of the word " vendor." 
The bill as enacted contained the word "vendor," as at present. 
This clearly indicates an intention on the part of the Legislature 
to enlarge the restriction, and I am of opinion that the restriction 
so enlarged includes agents for the sale of intoxicating liquor, as 
well as principals. 

A vendor of intoxicating liquor would be, therefore, one who, 
either as principal or agent, sells intoxicating liquor. Persons, 
therefore, who in driving around among the customers of their 
employers and delivering beer, ale or other intoxicating liquors, 
collect money from these customers to whom the goods have been 
sold, and also sell to any on their routes who may wish to be 
supplied, and collect money on such sales, also persons who are 
employed as bartenders but who are not owners of liquor busi- 
nesses, are, in my opinion, vendors of intoxicating liquors within 
the meaning of section 16 of chapter 19 of the Eevised Laws. . 
Very truly yours, 

Dana Malone, Attorney-General. 



32 ATTORNEY-GENERAL'S REPORT. [Jan. 



Chris of Courts — Fees for Naturalization — County Accounts. 

Clerks of courts having jurisdiction to naturalize aliens as citizens of the 
United States, under the act of Congress of June 29, 1906, are not 
entitled to retain for their own use one-half of the naturalization 
fees received by them under such act, and all such fees should be 
paid over to the treasurer of the county for which such court is 
constituted. 

May 24, 1907. 
Charles E. Prescott, Esq., Controller of County Accounts. 

Dear Sir : — You ask my opinion as to whether clerks of 
courts can retain for their own use and benefit one-half of the 
naturalization fees under the naturalization law of the United 
States and the laws of this Commonwealth. 

R. L., c. 165, § 37, provides: — 

The annual salaries of clerks (of courts) shall be in full compensa- 
tion for all services rendered by them in the civil or criminal courts, 
to the county commissioners, in making any returns required by 
law or in the performance of any other official duty except for such 
clerical assistance as may be allowed under the provisions of the 
following section. 

Section 31 of said chapter is as follows : — 

The clerks of the courts in the several counties, and of the su- 
preme judicial court and the superior court in the county of Suf- 
folk, shall keep a cash book, which shall be county property and 
shall be and remain a part of the records of the courts, in which 
they shall keep accounts of all fees received by them for their offi- 
cial acts and services, including fees for copies which they are not 
required by law to furnish, fees and money in proceedings relative 
to naturalization or for naturalization certificates, and all fees and 
money of whatever description or character received by them, or by 
any assistant or other person in their offices or employment, for any 
acts done or services rendered in connection with their said offices, 
and shall on or before the tenth day of each month pay over to the 
treasurer of the county, or to such other officer as is entitled to 
receive them, all fees received during the preceding calendar month, 
and shall render to him an account thereof under oath. 

The United States Naturalization Act of June 29, 1906 (3-1 
U. S. St. at Large, 596), provided in section 3 as follows : — 

That exclusive jurisdiction to naturalize aliens as citizens of the 
United States is hereby conferred upon the following specified courts : 



1908.] PUBLIC DOCUMENT— No. 12. 33 

United States Circuit and District Courts now existing . . . ; also 
all courts of record in any state or territory now existing, or which 
may hereafter be created, having a seal, a clerk, and jurisdiction in 
actions at law or equity, or law and equity, in which the amount in 
controversy is unlimited. 

It is further provided in section 13 of said act, as follows : — 

That the clerk of each and every court exercising jurisdiction in 
naturalization cases shall charge, collect, and account for the follow- 
ing fees in each proceeding: . . . The clerk of any court collect- 
ing such fees is hereby authorized to retain one half of the naturali- 
zation fees collected by him in such naturalization proceeding; the 
remaining one half of the naturalization fees in each case collected 
by such clerks, respectively, shall be accounted for in their quarterly 
accounts which they are hereby required to render the Bureau of 
Immigration and Naturalization, and paid over to such bureau within 
thirty days from the close of each quarter in each and every fiscal 
year ... In addition to the fees herein required, the petitioner 
shall deposit with and pay to the clerk of the court a sum of money 
. . . ; provided that the clerks of courts exercising jurisdiction in 
naturalization proceedings shall be permitted to retain one half of 
the fees in any fiscal year up to the sum of three thousand dollars. 

Yon inquire : — 

1. Have the clerks of courts heretofore referred to the right 
to retain for their own use one-half the naturalization fees 
received by them under the naturalization laws of the United 
States ? 

2. If they have not such right, to whom should said one-half 
be paid by said clerks? 

Yon will observe that section 37 of chapter 165 of the Ee vised 
Laws provides that salaries of clerks shall be in full compensa- 
tion for all services rendered by them in the civil or criminal 
courts; and that section 31 of said chapter provides that the 
clerks of courts in the several counties shall keep a cash book 
in which they shall keep accounts of all fees received by them 
for their official acts and services, including fees and money in 
proceedings relative to naturalization or for naturalization certifi- 
cates, and all fees and money of whatever description or char- 
acter received by them, etc., and shall on or before the tenth 
day of each month pay over to the treasury of the county all 
fees received during the preceding calendar month, and shall 
render to him an account thereof under oath. 



34 ATTORNEY-GENERAL'S REPORT. [Jan. 

It seems to me clear, therefore, that the clerks of courts 
cannot retain for their own use one-half of said naturalization 
fees received by them under the naturalization laws of the United 
States, as their duties and powers are prescribed by the laws 
of this Commonwealth, and they perform the duties required by 
the United States naturalization act by virtue of their offices as 
clerks of courts of this Commonwealth and not through appoint- 
ment by the United States, and our law specially requires that 
all naturalization fees be paid over to the treasurer of the 
county. 

Very truly 3^ours, 

Dana Malone, Attorney-General. 



Constitutional Law — Cities and Towns — Harvest and Sale of 
Ice — Taxation. 

A proposed bill, entitled " An Act to authorize the city of Holyoke to 
harvest and sell ice at wholesale," which in part provides for the 
raising of money by taxation to directly defray the cost of the 
carrying on by such city of the business of harvesting and selling 
ice, or for the repayment of loans made for such purpose, is uncon- 
stitutional, as authorizing the raising of money by taxation for a 
purpose not public in its nature. 

June 12, 1907. 
To His Excellency Curtis Guild, Jr., Governor. 

Sir : — You request my opinion as to the constitutionality of a 
bill which has passed the Senate and the House of Representa- 
tives, entitled " An Act to authorize the city of Holyoke to 
harvest and sell ice at wholesale." This bill authorizes the city 
of Holyoke to " cut and harvest ice from any great pond or river 
in its limits and from any ponds or reservoirs used by the 
municipality as a water supply, and to store and sell the same 
at wholesale to the inhabitants of the city." It authorizes the 
taking of land or easements and the raising of money by taxation 
or by loan for the purpose of carrying out its provisions. 

The principal question raised by your inquiry is whether or not 
the cutting and harvesting of ice and the storing and sale of the 
same at wholesale to the inhabitants of a municipality is a public 
purpose, for which money may be raised by taxation. The pre- 
cise question has not been passed upon by our courts, nor, so far 
as I can discover, by the courts of any other State. The jus- 
tices of the Supreme Judicial Court, however, have been called 



1908.] PUBLIC DOCUMENT — No. 12. 35 

upon to pass upon analogous questions. In the Opinion of the 
Justices, reported in 150 Mass. 592, the justices advised the 
House of Eepresentatives that under the Constitution the Legis- 
lature has power to authorize cities and towns to manufacture 
and distribute gas or electric light for use in their public streets 
and buildings and for sale to their inhabitants. Long before 
that opinion was given it was held that the " supplying of a 
large number of inhabitants with pure water is a public pur- 
pose." Lumbar d v. Stearns, 4 Cush. 60. 

On the other hand, in an Opinion of the Justices to the House 
of Eepresentatives, reported in 155 Mass. 598, a majority of 
the justices expressed the opinion that the Legislature could not 
under the Constitution authorize cities and towns to buy coal 
and wood for the purpose of sale to their inhabitants for fuel; 
and in an Opinion of the Justices to the House of Eepresenta- 
tives, reported in 182 Mass. 605, the justices were unanimously 
of the opinion that in the absence of an extraordinary emergency 
it was not within the constitutional power of the Legislature to 
enact a law conferring upon cities and towns authority to estab- 
lish and maintain municipal fuel or coal yards or to purchase 
coal and wood for the purpose of selling it generally to their 
inhabitants or others. 

The line of distinction between these two classes of cases was 
pointed out in the opinion last referred to. It was there said 
(p. 608) : — 

The business of selling fuel can be conducted easily by individuals 
in competition. It does not require the exercise of any governmental 
function, as does the distribution of water, gas and electricity, which 
involves the use of the public streets and the exercise of the right 
of eminent domain. It is not important that it should be conducted 
as a single large enterprise with supplies emanating from a single 
source, as is required for the economical management of the kinds 
of business last mentioned. It does not even call for the investment 
of a large capital, but it can be conducted profitably by a single 
individual of ordinary means. 

To my mind this language is as applicable to the business of 
selling ice to the inhabitants of a city or town generally as to 
the business of selling fuel to such inhabitants, and indicates 
that the conducting of such a business is not a public purpose, 
for which money may be raised by taxation. Moreover, when it is 
considered that the bill authorizes the sale of ice at wholesale 
only, it is even more apparent that the purpose is not public. 



36 ATTORNEY-GENERAL'S REPORT. [Jan. 

My conclusion, therefore, is that the bill concerning which you 
request my opinion, authorizing, as it does, the raising of money 
by taxation to provide directly for the cost of carrying on the 
business of harvesting and selling ice or for the repayment of 
loans made to provide therefor, is unconstitutional, as authorizing 
the raising of money by taxation for a purpose not public in its 
nature. 

I am, with great respect, very truly yours, 

Dana IE alone, Attorney-General. 



A ttorney-General — Legislative Committee — Preparation and 
Draft of Proposed Legislation. 

It is not within the scope of the duties of the Attorney-General to draft 
proposed legislation, or to advise a committee of the Legislature 
except upon bills actually pending before it; but if so requested he 
may, in his discretion and as matter of courtesy, submit a draft of 
a bill for the consideration and assistance of such committee. 

June 18, 1907. 
Hon. William O. Faxon, Chairman of the Committee on Railroads. 

Dear Sir : — Certain questions have been orally and inform- 
ally referred to me with respect to a so-called merger of the 
Boston & Maine Railroad with the New York, New Haven & 
Hartford Railroad Compaq, and certain legislation designed to 
prohibit or control such merger has been submitted for my 
consideration. 

I desire to point out to your committee that there is at present 
before me no evidence whatever of the actual and existing rela- 
tions of the two companies above mentioned, except the state- 
ment of President Mellen that " certain interests identified with 
my company have placed the control of the Boston & Maine 
Railroad where my company can have it when they get the 
power to take it," and therefore that the use of the word 
" merger " in connection with such transactions as may have 
taken place between such corporations or the individual stock- 
holders thereof is as yet unwarranted. 

It would appear, however, that at present the effect of the 
action of the New York, New Haven & Hartford Railroad Com- 
pany in the premises, and the object which that corporation is 
now seeking to attain, is to establish a control of the Boston & 
Maine Railroad through interests friendly to the New York, New 



1908.] PUBLIC DOCUMENT — No. 12. 37 

Haven & Hartford Railroad Company by means of the purchase 
of the stock of the Boston & Maine Railroad sufficient to 
enable the New York, New Haven & Hartford Railroad Com- 
pany to elect such directors as it may desire to place in office, 
who might manage and operate the Boston & Maine Railroad 
in the interest of the corporation by whose stock they were 
elected, and to the possible disadvantage of the corporation of 
which they are officers and of the people of the Commonwealth. 

St. 1906, c. 463, part II., § 57, provides in part that " a rail- 
road corporation . . . shall not directly or indirectly subscribe 
for, take or hold the stock or bonds of or guarantee the bonds or 
dividends of any other corporation ; " and actions brought under 
this section against the New York, New Haven & Hartford Rail- 
road Company to test the legality of the means by which that 
corporation controls the stock in certain Massachusetts street 
railway companies are now pending before the Supreme Judicial 
Court. No evidence has come to my attention of any violation 
of this section of the statute, arising out of the attempted con- 
trol of the Boston & Maine Railroad, nor is there such evidence 
in the report of the hearing before your committee. 

Further legislation drawn by me and based upon the sugges- 
tions contained in His Excellenc}^s message of June 5, 1907, 
now before your committee, is submitted herewith, as containing 
in proper legal form the views of His Excellency in the premises. 
In response to. a vote of the committee, I also annex hereto a 
draft of a bill which in my judgment is sufficient, by reason of 
its provisions, to prevent the control of a corporation chartered 
by the Commonwealth from passing, through the purchase of its 
stock, into the hands of corporations or individuals less directly 
within and subject to the jurisdiction of the Commonwealth, 
and which in my opinion is a constitutional exercise of the powers 
of the Commonwealth in the premises. 

Strictly it is not within the scope of the duties of the 
Attorney-General to draft proposed legislation, nor, indeed, to 
advise a committee of the Legislature except upon such bills as 
may be actually pending before it. In the present situation, 
however, I have prepared a draft of a bill for your consideration, 
not only as a matter of courtesy, but because I desire to render 
to your committee such assistance as is in my power in safe- 
guarding the interests of the Commonwealth. Should the Legis- 
lature, or either branch of it, or your committee, by a formal 
inquiry in writing, seek my opinion and advice upon any ques- 



38 ATTORNEY-GENERAL'S REPORT. [Jan. 

tion presented by or relating to any legislation, it will then 
become my duty to reply thereto as fully as circumstances may 
require. 

Very truly yours, 

Dana Malone, Attorney-General. 



State Highway — Alteration of Location — Abandonment. 

A portion of an existing State highway which, under a proposed plan 
for alteration of location under K. L., c. 47, §§7 and 8, does not fall 
within the limits of such highway as established by such alteration, 
may be abandoned. 

June 25, 1907. 
A. B. Fletcher, Esq., Secretary, Massachusetts Highway Commission. 

Dear Sir : — ■ The Massachusetts Highway Commission re- 
quests my opinion as to whether a portion of the State highway 
in the town of Brimfield may be abandoned by the commission, 
in view of the proposed laying out and taking charge of a new 
State highway running substantially parallel to the portion pro- 
posed to be abandoned. 

The statute in question is R. L., c. 47, §§ 7 and 8, which 
provide as follows : — ■ 

Section 7. Said commission may, with the concurrence of the 
mayor and aldermen of a city or the selectmen of a town, alter the 
location of a state highway in such city or town by filing a plan 
thereof and a certificate that said commission has laid out and taken 
charge of said state highway, as altered in accordance with said 
plan, in the office of the county commissioners for the county in 
which said highway is situated, and by filing a copy of the plan or 
location as altered in the office of the clerk of such city or town. 

Section 8. Said commission may, with the concurrence of the 
mayor and aldermen of a city or the selectmen of a town, abandon 
any land or part thereof, or rights in land which have been taken 
or acquired by it in such city or town by executing, acknowledging 
and recording a deed thereof accompanied by a plan of survey which 
shall be recorded therewith. Said abandonment shall revest the title 
to the land or rights abandoned in the persons, their heirs and 
assigns, in whom it was vested at the time of the taking, and may 
be pleaded in reduction of damages in any suit therefor on account 
of such taking. 



1908.] PUBLIC DOCUMENT — No. 12. 39 

These sections were originally Acts of 1900, c. 475, §§ 1 and 
2. It is obvious that the two sections must be read together, 
and together provide for the alteration of an existing location 
and the abandonment of that portion thereof which is not to be 
subjected to the easement in favor of the public in the new 
location. If this be so, the only question to determine is whether 
or not the proposed action by the commissioners will or may be 
an alteration of the location within the meaning of section 7. 

If the proposed plan contemplates the laying out and taking 
charge of a wholly new piece of State highway, I think the 
existing one cannot lawfully be abandoned. But it seems to me 
that the plan can be properly carried out as an alteration of the 
existing highway. The proposed new highway will apparently 
run for a substantial distance along a route which, though en- 
tirely distinct from the present highway, will render its use 
superfluous. 

I think these facts are sufficient to make the new location an 
alteration as defined by Knowlton, C.J., in Bennett v. Welles! ey, 
189 Mass. 308, at pp. 318, 319. 

An opinion of my predecessor, dated Sept. 6, 1902, and re- 
ferred to by your commission, was in answer to the question 
whether or not a State highway might be wholly abandoned by 
the commissioners and surrendered to a town to be under the 
sole control of the town, and has therefore no relation to the 
question of alteration now under discussion. 

I am therefore of opinion that the portion of the location of 
the present State highway which will not fall within the limit 
established by the new plan may be abandoned by the Highway 
Commission, provided that the new portion be laid out and taken 
charge of as an alteration of the location of the existing highway, 
in accordance with the provisions of sections 7 and 8 of chap- 
ter 47. 

Very truly yours, 

Dana Malone, Attorney-General. 



40 ATTORNEY-GENERAL'S REPORT. [Jan 



Pauper — Settlement — Assessment of Taxes. 

Under the provisions of R. L., c. 80, § 1, el. 5, providing that " A person 
of the age of twenty-one years who resides in any place within this 
Commonwealth for five consecutive years and within that time pays 
all state, county, city or town taxes duly assessed on his poll or 
estate for any three years within that time shall thereby acquire a 
settlement in such place," it is necessary not only that the required 
taxes should be paid but also that the assessments thereof should be 
made within such period. 

July 2, 1907. 

J. F. Lewis, M.D., Superintendent, State Adult Poor. 

Dear Sir : — You request my opinion as to whether Robert S. 

Chute, a pauper, has acquired a legal settlement in Lynn under 

the provisions of R. L., c. 80, § 1, cl. 5, which is as follows : — 

A person of the age of twenty-one years who resides in any place 
within this commonwealth for five consecutive years and within that 
time pays all state, county, city or town taxes duly assessed on his 
poll or estate for any three years within that time shall thereby ac- 
quire a settlement in such place. 

The facts of the case are these: A pauper, aged thirty-nine, 
was committed to the Foxborough State Hospital Nov. 2, 1905. 
He had resided in Lynn continuously since 1902, and had been 
assessed a poll tax for the years 1893, 1894 and 1897, which 
had been paid May 10, 1894,' Feb. 19, 1895, and Aug. 15, 1898, 
respectively. 

The question is, whether the statute requires that the same 
five-year period which embraces the three dates of pa}^ment must 
also embrace the three dates of- assessment, even though the three 
assessments were made within a five-year period. 

It is settled by the decisions that the pauper must have lived 
in a city or town during the whole of the three years for which 
the taxes were assessed. Taunton v. War eh am, 153 Mass. 192. 
The pauper in the present case having paid between Aug. 15, 
1893, and Aug. 15, 1898, the taxes assessed to him for 1893, 1894 
and 1897, has he complied with the express requirement of the 
statute that he shall have paid all " taxes duly assessed on his 
poll or estate for any three years within that time " ? Can the 
three years, 1893, 1894 and 1897, be considered within the five- 
year period from Aug. 15, 1893, to Aug. 15, 1898? The tax- 
ation year is from May 1 to May 1. Southborough v. Marl- 
borough, 24 Pick. 16G. The taxation year in 1893 began on 



1908.] PUBLIC DOCUMENT — No. 12. 41 

May 1, and therefore that year is not wholly within the period 
beginning with Aug. 15, 1893. Under a strict construction, it 
cannot be held that the taxes assessed in the present case were 
for three years within a period of five years. It has long been 
settled that the five years' residence and the five years of taxation 
must be coincident. Southborough v. Marlborough, supra. 

Prior to 1898 the Attorney-General gave an opinion that, 
under Pub. Sts., c. 83, § 1, cl. 5, if three taxes assessed for three 
years within a period of five years were paid, it was immaterial 
that payment was not made within a five-year period. ( See 1 Op. 
Attys.-Gen., 519.) The law was amended by Acts of 1898, c. 
425, § 1, so as to require that the three taxes assessed within the 
five-year period should also be paid within a period of five years. 
It seems fairly clear that it is the intention of the Legislature, 
by the act of 1898, to provide that the required number of 
taxes should be assessed and paid within one five-year period of 
residence. 

I am therefore of opinion that the pauper in question did not 
acquire a legal settlement in Lynn under the provisions of the 
statute above quoted. 

Very truly yours, 

Dana Malone, Attorney-General. 



Automobiles — Registration by Dealer — Expiration of Regis- 
tration. 

The provision of St. 1903, c. 473, § 1, as amended by St. 1907, c. 580, 
§ 1, that " the registration of every automobile or motor cycle shall 
expire upon the first day of January in each year," is applicable 
not only to automobiles or motor vehicles which are owned by single 
individuals, but also to similar vehicles when owned or controlled by 
dealers. 

July 9, 1907. 
Austin B. Fletcher, Esq., Secretary, Massachusetts Highway Commis- 
sion. 

Dear Sir : — The Massachusetts Highway Commission re- 
quires my opinion upon a question arising under St. 1907, c 
580, which is entitled " An Act relative to automobiles and 
motor cycles." Your communication states that : — 

In section 1 of this act, in the last sentence, it is stated " The 
registration of every automobile or motor cycle shall expire upon 
the first day of January in each year." Section 2 of the act relates 



42 ATTORNEY-GENERAL'S REPORT. [Jan. 

to the registration of motor vehicles owned or controlled by manu- 
facturers or dealers. In this section it is not specifically stated that 
the registration of such machines shall expire annually, and the com- 
mission is in doubt whether or not it is intended by the law that the 
registration certificates shall so expire. 

St. 1907, c. 580, § 1, amends St. 1903, c. 473, § 1, by adding 
at the end of the section the words, " The registration of every 
automobile or motor cycle shall expire upon the first day of 
January in each year/' The section, before amendment, pro- 
vided for the registration of automobiles and motor cycles, but 
contained no provision with regard to the expiration of the regis- 
tration required; and section 2 of chapter 580 of St. 1907 
amended section 2 of chapter 473 of St. 1903, by substituting 
the word " fifteen " for the word " ten/' so that the amended 
section reads as follows : — 

Every manufacturer of or dealer in automobiles or motor cycles 
may, instead of registering each automobile or motor cycle owned or 
controlled by him, make application upon a blank provided by said 
commission for a general distinguishing number or mark, and said 
commission may, if satisfied of the facts stated in said application, 
grant said application, and issue to the applicant a certificate of 
registration containing the name, place of residence and address of 
the applicant, and the general distinguishing number or mark as- 
signed to him, and made in such form and containing such further 
provisions as said commission may determine; and all automobiles 
and motor cycles owned or controlled by such manufacturer or 
dealer shall, until sold or let for hire or loaned for a period of more 
than five successive days, be regarded as registered under such gen- 
eral distinguishing number or mark. The fee for every such cer- 
tificate of registration shall be fifteen dollars. 

The question submitted is not free from difficulty. It is to 
be observed that section 2, above quoted, does not contain any 
provision whatever for the expiration of the registration of auto- 
mobiles or motor cycles owned or controlled by a manufacturer 
or dealer; and it might fairly be contended that such registra- 
tion continued indefinitely, notwithstanding the provision al- 
ready referred to which was added to section 1 of chapter 473 
of St. 1903. Upon the whole, however, I am inclined to believe 
that the two sections must be read together, and that the registra- 
tion referred to in section 2 is the registration established by 
section 1, which expires annually upon the first day of January 
in each year. 



1908.] PUBLIC DOCUMENT — No. 12. 43 

The provisions of section 2 are intended to provide an alterna- 
tive for a dealer who owns or controls many automobiles or motor 
cycles, so that he may by a single registration " register each 
automobile or motor vehicle owned or controlled by him." There 
is nothing in the section to indicate that the Legislature intended 
to permit a dealer, by a single registration and the payment of a 
single fee of $15, permanently to register all such automobiles 
or other motor vehicles which he might own or control in the 
course of his business. 

I am therefore of the opinion that the commission should hold 
that the amendment of section 1 of chapter 580 of St. 1907, — 
" The registration of every automobile or motor cycle shall expire 
upon the first day of January in each year," — is applicable not 
only to automobiles or motor vehicles which are owned by private 
individuals, but also to similar vehicles when owned or controlled 
by dealers. 

Very truly yours, 

Dana Malone, Attorney-General. 



Member of Legislature — Eligibility for Other Office — Exam- 
iner of Private Bankers. 

A member of the Legislature for the session of 1907 is ineligible for 
appointment to the position of examiner of persons, partnerships, 
associations or corporations engaged in private banking, created by 
St. 1907, c. 377, § 4. 

July 18, 1907. 
Hon. Pierre Jay, Bank Commissioner. 

Dear Sir : — I have your letter of the 16th, in which you in- 
quire in reference to the appointment of a member of the present 
Legislature as a clerk in your department, whose especial duty 
is to be to examine private bankers, under the supervision of 
your department, as required by chapter 377 of the Acts of 
1907. 

Section 21 of chapter 3 of the Eevised Laws provides that: — 

No member of the general court shall, during the term for which 
he is elected, be eligible to any office under the authority of the com- 
monwealth created during such term, except an office to be filled by 
vote of the people. 

Section 4 of chapter 377 of the Acts of 1907 reads as fol- 
lows : — 



44 ATTORNEY-GENERAL'S REPORT. [Jan. 

The bank commissioner shall, at such times as he may deem expe- 
dient, examine, either personally or by a competent examiner whom 
he shall appoint, every such person, partnership, association or cor- 
poration, and thoroughly inspect and examine its affairs to ascer- 
tain its financial condition and whether it has complied with, all 
provisions of law applicable thereto. The proper charges incurred 
by reason of any such examination shall be paid by the person, 
partnership, association or corporation concerned. 

The law contemplates an examination either by yourself per- 
sonally or by a competent examiner whom you shall appoint. 
Your right to so appoint was given you by said chapter 377 of 
the Acts of 1907. The Legislature intended by section 21, above 
quoted, to prohibit the appointment of a member of the General 
Court to any office which was created during the term for which 
he was elected. It seems to me that section 4, above quoted, 
creates an office which cannot be filled by such member. I note 
you say in your letter that he would perform other duties, of a 
clerical nature, in your department. You would, however, be 
obliged to appoint him an examiner if he should examine the 
private bankers that you name, for otherwise he would have no 
authority in the premises; and I must therefore reply that such 
an appointment would be contrary to law. 

A similar inquiry was submitted to the late Attorney-General 
Knowlton in reference to an appointment to the office of in- 
surance examiner. The reply was in the negative, and I quote 
from the opinion the following : — 

The obvious purpose of this statute is to remove from a member 
of the Legislature any temptation to be influenced in his vote by 
reason of the possibility that he may be a candidate for the places 
created by the Legislature of which he is a member. (1 Op. Atty.- 
Gen., 347.) 

In this view of the law I concur, and am of the opinion that it 
is applicable to this case. 

Very truly yours, 

Dana Malone, Attorney-General. 



1908.] PUBLIC DOCUMENT — No. 12. 45 



Veteran in the Service of the Commonwealth — Retirement. 

A veteran of the civil war employed by the Metropolitan Park Commis- 
sion as a police officer is " in the service of the Commonwealth " 
within the meaning of St. 1907, c. 458, which provides in part that 
" a veteran of the civil war in the service of the Commonwealth, 
if incapacitated for active duty, shall be retired from active service 
with the consent of the governor." 

July 31, 1907. 
George Lyman Rogers, Esq., Secretary pro tern., Metropolitan Park 

Commission. 

Dear Sir : — In reply to your communication of July 24, 
inquiring whether or not a veteran of the civil war employed by 
the Metropolitan Park Commission as a police officer is " in 
the service of the Commonwealth," within the meaning of St. 
1907, c. 458, which provides in part that " a veteran of the civil 
war in the service of the Commonwealth, if incapacitated for 
active duty, shall be retired from active service, with the consent 
of the governor, at one half the rate of compensation paid to 
him when in active service, to be paid out of the treasury of the 
Commonwealth," I have to advise you that in my opinion a vet- 
eran so employed is engaged in the service of the Commonwealth, 
within the meaning of the statute above quoted, and may be 
retired as therein provided. If the veteran in question is so re- 
tired, however, there seems to be no existing legislation which 
would authorize the assessment of the pension to which he would 
become entitled upon the metropolitan parks district, and the 
expense of such pension would therefore have to be borne by 
the Commonwealth, requiring a special appropriation therefor 
by the Legislature. 

Very truly yours, 

Dana Malone, Attorney-General. 



Corporation — Agreem ent of Association — Parties — Husband 

and Wife. 

A husband and wife may legally enter into the contract represented by 
an agreement of association for the purpose of forming a corpora- 
tion under the general laws. 

Aug. 8, 1907. 
Hon. William D. T. Trefry, Commissioner of Corporations. 

Dear Sir : — In reply to your communication dated Aug. 1, 
1907, I advise you that in my opinion a husband and wife may 



46 ATTORNEY-GENERAL'S REPORT. [Jan. 

legally enter into the contract represented by an agreement of 
association for the formation of a corporation. 

Under the laws of this Commonwealth a married woman may 
undoubtedly enter into the contract represented by an agreement 
of association for the formation of a corporation. R. L., c. 153, 
§ 2. She may enter into such a contract even if her husband 
is also a party thereto, unless by so doing she is making a contract 
with him. If the contract is not between the husband and wife, 
the fact that they are both parties to it is not objectionable. 
Major v. Holmes, 124 Mass. 108. 

In my opinion a married woman is not contracting with her 
husband when she and he enter into the contract represented by 
an agreement of association for the formation of a corporation. 
The agreement of association constitutes an offer which must be 
accepted by the corporation before it can become binding. The 
formation of the corporation constitutes an acceptance of the 
offer made by the persons signing the agreement of association. 
The parties to the contract thereby formed are the corporation 
on the one hand and the subscribers on the other. 

That this is the true nature and effect of the agreement of 
association appears from the decisions of the court in the cases 
of Athol Music Hall Co. v. Carey, 116 Mass. 471, and Hudson 
Real Estate Co. v. Tower, 156 Mass. 82. In the former case it 
was said (p. 473) that: — 

The promise of each subscriber " to and with each other/' is not 
a contract capable of being enforced, or intended to operate literally 
as a contract to be enforced between each subscriber and each other 
who may have signed previously, or who should sign afterwards, 
nor between each subscriber and all the others collectively as indi- 
viduals. The undertaking is inchoate and incomplete as a contract 
until the contemplated organization is effected, or the mutual agent 
constituted to represent the association of individual rights in ac- 
cepting and acting upon the propositions offered by the several sub- 
scriptions. When thus accepted, the promise may be construed to 
have legal effect according to its purpose and intent, and the prac- 
tical necessity of the case; to wit, as a contract with the common 
representative of the several associates. 

In advising you as above I am not unmindful of the opinion 
of a former Attorney- General, in which he said that he saw no 
sufficient reason for changing what he understood — 

to have been the uniform practice of your department, to decline 
to accept a husband and wife toward making up the necessary nnm- 



1908.] PUBLIC DOCUMENT — No. 12. 47 

ber of associates, on the ground that the agreement is a contract 
between each subscriber and all the others, and that a husband and 
wife cannot lawfully make such a contract with each other. 

With deference' to the opinion of my predecessor, I cannot, in 
view of the decisions cited, agree with his conclusion upon the 
question which you submit. 

Very truly yours, 

Dana Malone, Attorney-General. 



State Board of Charity — Minor Child — Religious Faith — 
Adoption — Discharge. 

St. 1905, c. 464, § 1, which in part provides that " No minor child in the 
care, or under the supervision of any state board of charity, or of 
any state commission, or state board of trustees, shall be denied 
the free exercise of the religion of his parents . . .," does not affect 
the authority of the State Board of Charity in its discretion to 
discharge a minor child committed to its custody into the custody 
of adopted parents, if it appears to such Board that the objects of 
the commitment have been accomplished and that the interests of the 
child will be best served by such discharge, notwithstanding that 
the religious belief of such adopted parents differs from that of the 
natural parents of such child. 

Nov. 13, 1907. 
John D. Wells, Esq., Cleric, State Board of Charity. 

Dear Sir : — The State Board of Charity informs me that it 
has received from Jesse M. Purinton and Clara F. Purinton " a 
petition for the discharge of one Kate Jamrock to their care ; " 
and I am requested to give my opinion as to the bearing of the 
provisions of chapter 464 of the Acts of 1905 on the powers of 
the Board with respect to the granting of the petition in question. 
I am further asked whether there is any other law affecting its 
action and power of discharge in said case. 

Section 1 of chapter 464 of the Acts of 1905 reads as fol- 
lows : — 

No parents, or surviving parent, of any minor child in the care or 
under the supervision of the state board of charity, or of any state 
commission, or of any state board of trustees, shall be denied the 
right of any child of theirs to the free exercise of the religious belief 
of his parents and the liberty of worshipping God according to the 
religion of his parents, or surviving parent, or of the religion which 
his parents professed, if they are both deceased; and no minor child 
in the care, or under the supervision of any state board of charity, 



48 ATTORNEY-GENERAL'S REPORT. [Jan. 

or of any state commission, or state board of trustees, shall be 
denied the free exercise of the religion of his parents, or of his 
surviving parent, or of his parents if they are both deceased, nor 
the liberty of worshipping God according to the religion of his 
parents, whether living or deceased. 

I regard the question as to this statute as settled by the case of 
Purinton et dl. v. Jamrock, decided by our Supreme Court April 
2, 1907, in which the court say : — 

It is undoubtedly the general policy of the Commonwealth to 
secure to those of its wards who are children of tender years the 
right to be brought up, where this is reasonably practicable, in the 
religion of their parents. St. 1905, c. 464, § 1. But it is the right 
of the children that is protected by this statute. The rights of the 
parents are still regulated by the same principles as before. . . . 
The first and paramount duty is to consult the welfare of the child. 
The wishes of the parent as to the religious education and surround- 
ings of the child are entitled to weight; if there is nothing to put 
in the balance against them, ordinarily they will be decisive. If, how- 
ever, those wishes cannot be carried into effect without sacrificing 
what the court sees to be for the welfare of the child, they must so 
far be disregarded. The court will not itself prefer one church to 
another, but will act without bias for the welfare of the child under 
the circumstances of each case. . . . The parents' religion is prima 
facie the infant's religion, and the infant should be brought up in 
that religion and protected against disturbing influences from per- 
sons of a different religious faith; but the infant's welfare must be 
first of all regarded, and its requirements must be treated as para- 
mount. 

Further, the court say : — 

This child has been for over four years in the family of the peti- 
tioners; they were found to be suitable persons to have her custody 
and education; a strong affection had grown up between her and 
them; her interest will be greatly promoted by the adoption. 

In advising you in this matter, I am therefore obliged to 
defer to the opinion of our highest court, and to say that the 
general policy of the law as to the rights of parents has not been 
changed by said statute, but the statute evidently intended to 
provide that the child should not be denied the free exercise 
of the religion of her parents when she is of sufficient under- 
standing to choose for herself. 

As to the final paragraph of said opinion, which reads, — 



1908.] PUBLIC DOCUMENT — No. 12. 49 

We have treated the questions arising upon these exceptions as if 
the effect of this decree of adoption would be to entitle the peti- 
tioners at once to the custody and control of the child. But in this 
case she is still in the custody of the State Board of Charity, and 
apparently will so remain until she shall come of age, or that Board 
shall consider the object of the commitment accomplished, — 

it is entirely within the discretion of the Board to keep the child 
in its custody until the child shall become of age, or the Board 
shall consider the object of the commitment accomplished. If 
the Board should in their discretion decide that the object of 
the commitment has been accomplished, and vote to discharge the 
child, the adopted parents, being the petitioners, would acquire 
the custody and incur the responsibility of the parents in respect 
to such child. 

The court seems to regard the whole matter as entirely within 
the discretion of the Board, taking into consideration the welfare 
of the child; and I know of no other law affecting the Board's 
power to discharge in this case. 

Very truly yours, 

Dana Malone, Attorney-General. 



Manufacturing Establishment — Employment of Minors or 
Women — Textile Goods — Knitting. 

A manufacturing establishment in which goods are made by the process 
of knitting is an establishment " engaged in the manufacture of 
textile goods," within the meaning of K. L., c. 106, § 27, as amended 
by St. 1907, c. 267, providing that " No person and no agent or 
officer of a person or corporation engaged in the manufacture of 
textile goods shall employ any minor under eighteen years of age 
or any woman, before six o'clock in the morning or after six o'clock 
in the evening." 

Nov. 14, 1907. 
J. H. Whitney, Esq., Chief, Massachusetts District Police. 

Dear Sir : — You require my opinion as to whether or not a 
manufacturing establishment in which goods are made by the 
process of knitting is to be considered as a textile factory, as 
referred to in chapter 267 of the Acts of 1907. 

You do not set forth the nature of the " goods " manufactured, 
but I assume that such goods in the raw material are textile 
materials, such as wool, flax, silk, cotton or hemp, and that my 
opinion is desired as to whether or not the process by which such 



50 ATTORNEY-GENERAL'S REPORT. [Jan. 

materials are converted into manufactured goods serves to dis- 
tinguish such goods when completed from textile fabrics. 

St. 1907, c. 267, amends R. L., c. 106, § 27, so as to read as 

follows : — 

No person, and no agent or officer of a person or corporation en- 
gaged in the manufacture of textile goods, shall employ any minor 
under eighteen years of age, or any woman, before six o'clock in 
the morning or after six o'clock in the evening. Whoever violates 
the provisions of this section shall be punished by a fine of not less 
than twenty nor more than fifty dollars for each offence. 

The word " textile " as an adjective is defined to be " of or 
pertaining to weaving. Woven, or capable of being woven; 
formed by weaving : as, textile fabrics ; textile materials, such as 
wool, flax, silk, cotton." The term " textile fabrics," which may 
be regarded as synonymous with the words "textile goods," as 
used in the statute above quoted, has been defined to include 
those fabrics w^oven, as carpets, or capable of being woven or 
formed by weaving, and the noun " textile " to be a fabric which 
is woven or may be woven, — a fabric made by weaving. See 
Wood v. Allen, 111 la. 97, 100. Such appears to be the gen- 
erally accepted definition. 

I am of opinion that the process of knitting is to be considered 
as a form of weaving, if the material used is a textile material. 
So the word is defined as meaning, " To weave by looping or 
knottin'g a continuous thread; form by working up yarn or 
thread with knitting-needles into a fabric held together by a 
series of knots or inter-loopings ; as to knit stockings. Hence — 
To form as if by knotting or weaving; put together; . . ." Thus 
it has been held under the Constitution of Louisiana, which ex- 
empted capital, machinery and other property employed in the 
manufacture of textile fabrics, that a manufactory of fish lines, 
ropes and other hempen articles was an establishment employed 
in the manufacture of textile fabrics, and the court said : " Such 
articles as fish lines and ropes can only be made by being woven 
from raw materials, and are themselves textile fabrics." See 
Cohn v. Parker, 41 La Annual, 894; Neiv Orleans v. Arthurs, 
36 La Annual, 98. 

Although the statute is a penal one, and must be strictly con- 
strued, it is nevertheless my opinion that, since knitting may 
fairly be considered as a form of weaving, and since the product 
if made from textile materials mav be a textile fabric, and so 



1908.] PUBLIC DOCUMENT — No. 12. 51 

" textile goods," an establishment where the process of knitting 
is employed for the manufacture of such goods must be held to 
come within the terms of the statute. 
Very truly yours, 

Dana Malone, Attorney-General. 



Veteran in the Service of the Commonwealth — Retirement — 
Compensation. 

Under St. 1907, c. 458, § 1, which provides that " a veteran of the civil 
war in the service of the Commonwealth, if incapacitated for active 
duty, shall be retired from active service ... at one-half the rate 
of compensation paid to him when in active service ..." a veteran 
so retired is not entitled to receive compensation based upon the 
estimated cash value of benefits in the nature of living expenses, 
occupancy of a dwelling house free from rent, and like privileges, 
in addition to the fixed salary paid to him from the treasury of the 
Commonwealth . 

Nov. 15, 1907. 
Brig. Gen. James P. Parker, Adjutant General. 

Dear Sir : — I am requested by you to define the meaning of 
Acts of 1907, c. 458, § 1, which provides that; — 

A veteran of the civil war in the service of the Commonwealth, if 
incapacitated for active duty, shall be retired from active service, 
with the consent of the governor, at one half the rate of compensa- 
tion paid to him when in active service, to be paid out of the 
treasury of the Commonwealth, — 

as to whether or not a veteran eligible under the provisions of this 
statute for retirement, who has been receiving benefits in the 
nature of living expenses, occupancy of a dwelling house free 
from rent, and like privileges, in addition to the salary paid to 
him from the treasury of the Commonwealth, is entitled to be 
retired at one-half such salary plus one-half the cash value of 
whatever benefit he may have been receiving at the time of his 
application. 

R. L., c. 6, § 58, provides that, — 

Salaries payable from the treasury »shall, unless otherwise pro- 
vided, be paid on the first of each month and shall be in full for 
all services rendered to the Commonwealth by the person to whom 
they are paid, — 



52 ATTORNEY-GENERAL'S REPORT. [Jan. 

and this section, in itself, in my opinion, is decisive of the ques- 
tion now under consideration. 

House rent, living expenses and like advantages which certain 
employees of the Commonwealth may enjoy are given to such 
employees not as salary which they have a right to demand, but 
as privileges which the nature or place of their duties requires 
the Commonwealth to grant to them to secure the highest degree 
of efficiency. Such privileges may at any time be discontinued, 
and the employee required to provide both his own living ex- 
penses and his own house, should such a course be possible 
without injuring the efficiency of the employee or of any other 
employee who may occupy the same position. 

It is, moreover, most unlikely that the Legislature intended to 
reduce such items as living expenses, house rent and the like to 
a monetary value, and to include such value in the term " com- 
pensation," without providing some means other than the claims 
of the employee himself for determining the exact cash equiv- 
alent of such privileges. It must follow. I think, that the word 
" compensation " is to be limited to salaries, the exact amount 
of which is determined by law. and may always be speedily 
ascertained by the Governor and Council, and does not extend 
to benefits or privileges received by an employee, which may 
not only vary in their character, but in their value, as the price 
of necessities of living rises or falls. 
Very truly yours, 

Dana Maloxe, Attorney-General. 



Civil Service — Exemption — Cleric in the -Office of State For- 
ester — Governor and Council — Approval of Employment. 

Under St. 1904, c. 409, § 4, which authorizes the State Forester to hire 
such assistants as he may need in the performance of his duties, and 
to fix their salaries, " subject to the approval of the Governor and 
Council," such approval is not equivalent to confirmation by the 
Executive Council within the meaning of R. L., c. 19, § 9, which 
exempts from the operation of the civil service law and rules 
" officers . . . whose appointment is subject to confirmation by the 
Executive Council." 

Nov. 15, 1907. 

Hon. Charles Warren, Chairman, Civil Service Commission. 

Dear Sir: — Your letter of October 30 seeks my opinion 

upon the question whether or not the position of clerk in the 

office of the State Forester is within the classified civil service. 



1908.] PUBLIC DOCUMENT — No. 12. 53 

St. 1904, c. 409, § 4, which relates to the State Forester, 
so far as it is applicable to the present question, is as follows : — 

The state forester is hereby empowered, subject to the approval 
of the governor and council, to hire such assistants as he may need 
in the performance of his duties, and to fix their salaries. 

Your communication then proceeds as follows : — 

The question is, whether the language of section 4 of chapter 409 
of the Acts of 1904, " subject to the approval of governor and coun- 
cil," has the same legal meaning as the language in section 9 of 
chapter 19 of the Revised Laws, exempting from civil service classi- 
fication officers, "whose appointment is subject to confirmation by 
the executive council." 

Persons exempt from the classified civil service are stated by 
P. L.,c. 19, § 9, to be in part, k * judicial officers and officers elected 
by the people or by a city council, or whose appointment is 
subject to confirmation by the executive council or city council 
of any city." The expression used in the above statute. " sub- 
ject to confirmation by the executive council," is inartificial and 
inexact, since there appears to be no case under the statutes of 
the Commonwealth where an appointment is confirmed by the 
Council. I am, however, aware that the word " confirmation " 
is now very generally used in connection with the function of the 
Council, which, under the Constitution and under numerous 
statutes, is to advise with the Executive upon the matter of 
appointments, and to consent to such appointments when made. 
The Constitution of Massachusetts, in referring to the powers 
of the Executive Council, speaks as follows (part 2, c. 2, § 1, 
art. 9) : "All judicial officers, the solicitor-general and coroners 
shall be nominated and appointed by the governor by and with 
the advice and consent of the council; and every such nomina- 
tion shall be made by the governor, and made at least seven 
days prior to such appointment." It is obviously to this im- 
portant power and duty of the Council that R. L., c. 19, § 9, 
has reference. 

I am of opinion that the approval of the employment and 
compensation of clerks in the several departments of the Com- 
monwealth is not an exercise of this function, even as designated 
in P. L., c. 19, § 9, and is rather an approval by the Council, 
acting with the Executive, of a scheme for proposed appoint- 
ments and expenditures, than a confirmation of the particular 



54 ATTORNEY-GENERAL'S REPORT. [Jan. 

appointment to be made. In the present instance the approval 
of the Governor and Council is an approval of such plans as are 
contemplated by the State Forester and such expenditures as 
ma}' result therefrom, and not a confirmation of the particular 
persons to be appointed to clerkships by such officer. 

Assuming that no other valid ground for objection exists, 
therefore, I must advise you that in my opinion a clerk in the 
office of the State Forester is not exempt from the civil service 
law or rules, and must be held to fall within the classified civil 
service. 

Very truly yours, 

Dana Maloxe, Attorney-General. 



Public Records — Returns of Companies engaged in the Trans- 
mission of Intelligence by Electricity. 

By St. 190'6, c. 433, the Massachusetts Highway Commission is required 
to receive and file the annual returns made by companies engaged in 
the transmission of intelligence by electricity within the Common- 
wealth, and such returns are therefore public records, under R. L., 
c. 35, § 6, which defines public records to be " any written or printed 
book or paper . . . which any officer or employee of the Common- 
wealth . . . has received or is required to receive for filing." 

Oct. 25, 1907. 
A. B. Fletcher, Esq., Secretary, Massachusetts Highivay Commission. 

Dear Sir : — The Massachusetts Highway Commission asks 
my opinion as to whether or not the annual returns made by 
companies engaged in the transmission of intelligence by elec- 
tricity within the Commonwealth, which are filed with the com- 
mission in accordance with the provisions of St. 1906, c. 433, 
§ 8, are to be considered as public records, to the extent that 
they are to be open to the inspection of the public. 

St. 1906, c. 433, § 8, is as follows : — 

Every company engaged in the business of the transmission of 
intelligence by electricity within the Commonwealth shall annually, 
on or before the first day of October in each year after the year 
nineteen hundred and six, submit to said commission a report of its 
doings for the year ending on such date or dates preceding as said 
commission may designate, which report shall be in such form and 
detail as the commission may from time to time prescribe, and shall 
be called the " Annual Return ". Such return shall be sworn to by 
the treasurer and by the chief accounting officer of such company, 



1908.] PUBLIC DOCUMENT — No. 12. 55 

and shall include a statement of its business, receipts and expendi- 
tures within the Commonwealth during the year, its dividends paid 
out and declared, the amount of its authorized capital and its in- 
debtedness and financial condition, on such date or dates as said 
commission may designate. 

Section 9 provides for a penalty for failure to make the annual 
return required by the preceding section. 
R. L., c. 35, § 5, provides that : — 

In construing the provisions of this chapter and other statutes, 
the words " public records " shall, unless a contrary intention clearly 
appears, mean any written or printed book or paper . . . which 
any officer or employee of the commonwealth or of a county, city or 
town has received or is required to receive for filing. 

Section 17 of the same chapter provides that: — 

Every person who has the custody of any public records shall, at 
reasonable times, permit them to be inspected and examined by any 
person, under his supervision, and shall furnish copies thereof on 
the payment of a reasonable fee. 

The provisions of E. L., c. 35, § 5, above quoted, were consid- 
ered in an opinion of the Attorney-General, dated Sept. 22, 1902, 
and addressed to the Insurance Commissioner, which dealt with 
the annual returns required to be filed by insurance companies 
under the provisions of E. L., c. 118, § 96. It is there stated 
that : — 

This legislative definition cannot be held to include within its in- 
tention every paper which an officer of the Commonwealth receives 
and files. It must be limited to such as he is required by law to so 
receive for filing. Any other construction must be prejudicial to the 
rights and interests of the Commonwealth or its officers, and, indeed, 
of parties or persons making communications with such officers. 

The original act for which the provision of the Revised Laws is a 
substitute, St. 1897, c. 439, § 1, called a public record any paper 
which a public officer is required by law to receive, or in pursuance 
of any such requirement has received for filing. The compilers of 
the Revised Laws have not preserved the distinction between a paper 
which an officer is required by law to receive and one which he 
receives for his own convenience. The existing qualification for the 
purpose of definition makes a test of the requirement to receive for 
filing, and any paper so received falls within the definition of a pub- 
lic record. (2 Op. Attys.-Gen., 381.) 



56 ATTORNEY-GENERAL'S REPORT. [Jan. 

I can see no distinction, for the purposes of this inquiry, 
between the returns filed with the Insurance Commissioner by 
insurance companies and those filed with the Massachusetts 
Highway Commission by telephone companies; and, since it 
appears that the Massachusetts Highway Commission is required 
to receive and file the returns provided for in section 8, such 
returns must, in my opinion, be deemed to be public records, 
and as such open to the inspection of the public. 
Very truly yours, 

Dana Malone, Attorney-General. 



Trust Company — Branch Office — City or Town. 

St. 1902, c. 355, § 2, providing that the Board of Commissioners of 
Savings Banks might authorize any trust company to maintain " a 
branch office in the city or town in which its main office is located," 
does not permit the authorization of more than one branch office 
in such city or town. 

Nov. 29, 1907. 
Hon. Pierre Jay, Bank Commissioner. 

Dear Sir : — You ask my opinion as to the right of trust com- 
panies to maintain more than one branch office under chapter 
355 of the Acts of 1902. This act reads as follows : — 

Section 1. No trust company shall hereafter maintain a branch 
office except as hereinafter provided. 

Section 2. The board of commissioners of savings banks may 
authorize in writing any trust company to maintain a branch office 
in the city or town in which its main office is located, for the sole 
purpose of receiving deposits, paying checks and transacting a safe 
deposit business. 

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

I find that the matter was suggested to the Legislature by the 
Savings Bank Commissioners in their report of Jan. 13, 1902, 
in which occurs the following : — 

Another matter on which legislation may be required arises in the 
fact that within a few days one trust company has established, at 
some distance from its main offices, an office for the receipt of de- 
posits and payment of checks, — a course which does not meet the 
approval of this Board, and for which the Board claims there is no 
legal authority, and which is contrary to the policy of the Common- 
wealth as evidenced in its banking laws. 



1908.] PUBLIC DOCUMENT — No. 12. 57 

I am further informed by you that the matter of authorizing 
more than one branch office was called to the attention of the 
Legislature of 1907, but no action was taken thereon. 

From the facts so presented to me, and from a consideration 
of the statute in question, I am of opinion that the Legislature 
contemplated the authorization of a single branch office only, 
and that the act does not authorize a trust company to maintain 
more than one branch office. I understand that the Worcester 
Trust Company now has three branch offices, which have been au- 
thorized by the Savings Bank Commissioners. Under these 
circumstances, it seems to me proper that you should call the 
situation to the attention of the Legislature in your annual 
report, although, as I have stated, it is my opinion that it was 
not the intention of the Legislature to permit the authorization 
of more than a single branch office. 
Very truly yours, 

Dana Malone. Attorney-General 



Insane Person — Property in Possession of Officers of Institu- 
tions for Insane — Disposition — Cities and Towns — 
Commonwealth — Guardian — Public Administrator. 

The receipt of money belonging to public charges supported in institu- 
tions for the insane or in private families under the supervision of 
the State Board of Insanity, by such Board or by the officers of such 
institutions, for safe keeping because such public charges are not 
competent to care for it, is not authorized by any provision of law. 

Money so received may not legally be deposited in a bank or trust com- 
pany, with other funds, to the account of any State Board or insti- 
tution for the insane. 

Such money may not be applied by the Commonwealth to the payment 
of the expense of supporting any such public charge, during his life- 
time, without the appointment of a guardian; it may, however, be 
received in payment for such support, upon an order by the insane 
person entitled thereto, given after his discharge from custody as 
unrecovered, although even in this case it is advisable that a 
guardian should be appointed. 

Money left in the possession of the treasurers of the several State in- 
stitutions for the insane by patients who were supported prior to 
Jan. 1, 1904, as town charges, and who died before that date, 
should be paid to the overseers of the poor of the places to which 
such patients were chargeable, if claimed by them on account of 
charges for the support of such patients; or, if no such claim is 
made, should be paid to the public administrator of the county in 



58 ATTORNEY-GENERAL'S REPORT. [Jan. 

which the institution is situated. Money so retained which belonged 
to deceased patients who were supported as State charges may be 
covered into the treasury of the Commonwealth. 

Dec. 5, 1907. 
Owen Copp, M.D., Secretary, State Board of Insanity. 

Dear Sir : — You request my opinion with reference to the 
care and disposition of money belonging to public charges sup- 
ported in institutions or in the care of private families under the 
supervision of the State Board of Insanity, and passing into 
the possession of the officers of such institutions or of such State 
Board for safe keeping, because such public charges are not 
competent to care for it. Your specific questions I will answer 
in order : — 

1. May such money be legally deposited in a bank or trust 
company on the same account as other funds of the institution? 

No. There is no provision of law authorizing the officers of 
such institution or Board to receive such money. The practice 
is apparently one adopted wholly for the benefit of the patient, 
without legal authority: and funds should consequently be held, 
if at all, in trust for the beneficiary, and not mingled with other 
funds. 

2. May it be legally deposited in a bank or trust company on 
a separate account ? 

If there is no guardian, and the person in charge of the 
money is of the opinion that the bank or trust company is a 
safe depository, it may be deposited, but only as an act of kind- 
ness to the patient; there is no legal authority therefor. 

3. May it be claimed by the State in payment for support of 
such public charge, without the appointment of a guardian? If 
so, by what method ? 

No; not prior to the death of the insane person. Although 
R. L., c. ST. §§ 78, T9, provide for the payment of the charges 
for the support of insane persons by such persons if of sufficient 
ability, it would not be proper for the Commonwealth or for 
any institution to appropriate the money of an insane person 
for this purpose. A guardian should be appointed, to protect 
the interest of the patient. 

4. May it be taken by the State in payment of his support 
on his order, given after his discharge as unrecovered from 
custody as an insane person ? 

Yes; after a patient is discharged from the hospital he may 
be treated and dealt with as an ordinary person of sound mind, 



1908.] . PUBLIC DOCUMENT — No. 12. 59 

irrespective of whether or not he has been discharged as " un- 
recoverecl." It would seem, however, that money should not be 
received by the State, even on a discharged person's order, 
without the appointment of a guardian, if the superintendent 
of the institution or other person receiving the money is of 
opinion that the discharged person is unable to look after his 
aifairs with reasonable prudence. 

5. The treasurers of the State insane hospitals and asylums 
have in their possession money left by patients who were sup- 
ported prior to Jan. 1, 1904, as town charges, and who died 
previous to that date. . . . You ask what disposition should be 
made of this money. Must it be returned to the towns or can it 
be covered into the State treasury ? 

By the provisions of E. L., c. 87, § 37, the overseers of the 
poor of the place to which the deceased was actually chargeable 
are entitled to take possession of all his real and personal 
property. Consequently, such sums should be paid to the 
overseers of the poor of the places to which the patients were 
respectively chargeable, if the said overseers desire to be reim- 
bursed for the expenses incurred for the pauper. If there are 
no such charges for expenses as aforesaid, and if the person in 
charge of the institution, or the Board, has no knowledge of any 
husband, widow or heir of the deceased who should be notified, 
the money, if less than twenty dollars in all, should be delivered 
to a public administrator for the county in which the institution 
is. See E. L., c. 138, § 18, and 1 Op. Attys.-Gen., 536. If 
the amount exceeds twenty dollars, and the overseers of the poor 
of the city or town make no claim upon it, the public admin- 
istrator of the county in which the institution is situated should 
be notified of the facts. See E. L., c. 138, § 2. If the public 
administrator neglects or declines to act, the district attorney 
of the district in which the institution is situated should be 
notified. See E. L., c. 138, § 17. 

6. The treasurers also have $772.47 which belonged to de- 
ceased patients who were always supported as State charges. Is 
it legal for this Board to receive that money, under the provi- 
sions of section 9, chapter 87, and section 37, chapter 81, of 
the Eevised Laws, and how shall it proceed to do so? 

Yes. Section 9 of chapter 87 of the Eevised Laws provides, in 
part : — 

The board shall have the same powers relative to the state poor 
who are inmates of the institutions under its supervision and to 



(30 ATTORNEY-GENERAL'S REPORT. [Jan. 

their property as are vested in towns and overseers of the poor rela- 
tive to paupers supported and relieved by towns. 

Section 37 of chapter 81 provides that: — 

Upon the death of a pauper who at his decease is actually charge- 
able to a place within this commonwealth, the overseers of the poor 
thereof may take possession of all his real and personal property. 

These provisions obviously give the State Board of Insanity 
power to take the property of such deceased patients as have been 
supported as State charges, for the purpose of reimbursing the 
Commonwealth for the sums expended for their support. The 
money so obtained should be covered into the treasury of the 
Commonwealth. 

7. The treasurers of the several institutions mentioned also 
have savings bank books which belonged to patients now deceased, 
who were supported during commitment as State charges, and 
these deposits have been unclaimed for more than five years. Can 
the State recover from these deposits the charges for the support 
of these patients : or, if these unclaimed deposits should be paid 
to the State Treasurer, under the provisions of section 55, chapter 
113 of the Revised Laws, is there an}^ method by which the 
hospitals can be reimbursed for the support of said patients ? 

The Board has the same right to receive the money on deposit 
in a savings bank and apply the same to the indebtedness of 
the patient to the Commonwealth for his support as it has to 
take and apply the money on hand with the treasurers of the 
institutions under the provisions quoted in the preceding answer. 
R. L._, c. 113, £ 55, does not apply to any deposits made in 
savings banks other than those made by authority of the probate 
court, court of insolvency or other court. 
Very truly yours, 

Daxa Maloxe. Attorney-General. 



Public Records — Letters and Reports in Custody of State Board 

of Health. 

Under the provisions of E. L., c. 35, § 5, that " The words ' public rec- 
ords ' shall . . . mean any written or printed book or paper ... in 
or on which any entry has been made or is required to be made by 
law, or which any officer or employee of the Commonwealth . . . has 
received or is required to receive for filing," reports and letters of 



1908.] PUBLIC DOCUMENT— No. 12. 61 

complaint which are the result of investigation made by the State 
Board of Health under its general authority to make sanitary inves- 
tigation and inquiry, which are in the custody of the State Board 
of Health, are not public records, and therefore are not open to 
public inspection. 

• 
Dec. 9, 1907. 
Charles Harrington, M.D., Secretary, State Board of Health. 

Dear Sir : — I am asked by the State Board of Health whether 
certain reports and letters of complaint are public records, within 
the meaning of sections 5 and 17 of chapter 35 of the Revised 
Laws, which provide as follows : — 

Section 5. In construing the provisions of this chapter and other 
statutes, the words " public records " shall, unless a contrary inten- 
tion clearly appears, mean any written or printed book or paper, 
any map or plan of the Commonwealth or of any county, city or 
town which is the property thereof and in or on which any entry 
has been made or is required to be made by law, or which any officer 
or employee of the Commonwealth or of a county, city or town has 
received or is required to receive for filing, and any book, paper, 
record or copy mentioned in the six following sections. The word 
" record " shall, in this chapter, mean any written or printed book, 
paper, map or plan. 

Section 17. Every person who has the custody of any public 
records shall, at reasonable times, permit them to be inspected and 
examined by any person, under his supervision, and shall furnish 
copies thereof on the payment of a reasonable fee. In cities and 
towns such inspection and furnishing of copies may be regulated 
by ordinance or by-law. 

You say that the Board, under its general authority to make 
sanitary investigations and inquiries, began on March 1, 1905, 
a systematic examination of premises where milk is produced 
for public sale, employing a skilled veterinarian, who up to the 
present time has examined more than 8,300 dairies; that for 
convenience and the sake of uniformity the conditions observed 
at each place are reported to the Board on blank forms, and in 
case the conditions noted are incompatible with the production 
of a sanitary milk supply, the secretary of the Board calls the 
attention of the proprietor thereto, and makes suggestions with 
the request that they be adopted. You say that the publication 
of a list of the farmers whose premises have been found to 
merit criticism would not be for the public good, but that an 
injustice w r ould be done to those farmers who have adopted 



62 ATTORNEY-GENERAL'S REPORT. [Jan. 

the suggestions offered and have continued to keep their cows 
and premises in proper sanitary condition. 

These reports and letters of complaint about which you speak 
are not incorporated into and are not a necessary part of the 
record which you are required by law to keep. If they were, it 
would be your duty, upon request, to furnish them for inspec- 
tion and examination, and to furnish copies of the same. Such 
being the case, and such papers not forming a part of the record 
of the work done in your office, and not being of such a character 
that you are required by law to receive them for filing, but being 
obtained and preserved by you for your own convenience in the 
proper administration of your office, you are not obliged to ex- 
hibit them to any person who may ask to see them. 

Similar opinions have been rendered to various departments 
by my predecessors, and I see no reason for departing from the 
rule already laid down by them. 

Very truly yours. 

Daxa "Maloxe. Attorney-General. 



Pauper Lair — Contagious Diseases — Quarantine — ■. Temporary 
Aid to Unsettled Paupers — Cities and Towns — Board of 
Health — Overseers of the Poor. 

If the family of an unsettled person suffering from contagious disease 
dangerous to the public health, but not quarantined, is aided for the 
reason that such family are unable to maintain themselves, and are, 
therefore, a charge to the city or town where they are domiciled, such 
aid should be rendered by the overseers of the poor under the provi- 
sions of E. L., c. 81, § 21, the temporary aid law, so called, and sub- 
ject to the restrictions therein contained. 

If the board of health of such city or town expends money for the support 
of the family of a person infected with a contagious disease, and 
therefore quarantined with his family, such expense is incurred for 
the preservation of the public health, and cannot be recovered either 
from the city or town where such persons are settled, or from the 
Commonwealth if such persons have no settlement. 

In neither of the above cases does aid so rendered pauperize the persons 
aided. 

Dec. 17, 1907. 

Joshua F. Lewis, M.D., Superintendent of State Adult Poor. 

Dear Sir : — You seek my opinion upon certain facts which 
are stated as follows : — 

A laborer, thirty years old, is suffering from tuberculosis. He 
has been earning $9 a week, and has no money saved. His 
attending physician and the local board of health are notified. 



1908.] PUBLIC DOCUMENT — No. 12. 63 

He has a wife and four children without means of support. 
Neither his wife nor his children are sick. 

Upon these facts you submit the following specific ques- 
tions : — 

Under the statutes, should the board of health provide for the 
sick person only, and the overseers of the poor provide for the other 
members of the family who are not sick? 

If the overseers of the poor so provide, is the aid rendered by them 
to the persons not sick limited as to amount by the terms of the 
temporary aid law, if the persons so aided have no legal settlement, 
and reimbursement is asked from the Commonwealth'? 

Does the aid so rendered by the overseers of the poor pauperize 
the family? 

Should the board of health provide not only for the sick person, 
but also for the other members of the family who are not sick? 

Is the aid so furnished by the board of health to the persons not 
sick limited as to amount by the terms of the temporary aid law 
if the persons so aided have no legal settlement, and reimbursement 
is asked from the Commonwealth, or is such aid controlled only by 
the words " suitable " as to character and " reasonable " as to ex- 
pense ? 

The statutes which are material in the premises are St. 1907, 
c. 386, amending St. 1902, c. 213, § 1, and the temporary aid 
statute, so called, E. L., c. 81, § 21. 

St. 1902, c. 213, § 1, as amended, reads as follows: — 

Reasonable expenses incurred by the board of health of a city or 
town or by the Commonwealth in making the provision required by 
law for persons infected with smallpox or other disease dangerous 
to the public health shall be paid by such person or his parents if 
he or they be able to pay, otherwise by the city or town in which he 
has a legal settlement, upon the approval of the bill by the board of 
health of such city or town or by the state board of charity; and 
such settlements shall be determined by the overseers of the poor, 
and by the state board of charity hi cases cared for by the Common- 
wealth. If the person has no settlement, such expense shall be paid 
by the Commonwealth, upon the approval of bills therefor by the 
state board of charity. 

Section 2 as amended provides : — 

No person for whose care and maintenance a city or town or the 
Commonwealth has incurred expense in consequence of smallpox, 



64 ATTORNEY-GENERAL'S REPORT. [Jan. 

scarlet fever, diphtheria, tuberculosis, dog bite requiring anti-rabic 
treatment, or other disease dangerous to the public health shall be 
deemed to be a pauper by reason of such expenditure. 

R. L.. e. 81, § 21, so far as it is material to the present ques- 
tion, provides : — 

A city or town may furnish aid to poor persons found therein, 
having no lawful settlements within the Commonwealth, if the over- 
seers of the poor consider it for the public interest; but, except in 
cases under the provisions of section fourteen of chapter eighty-five, 
not for a greater amount than two dollars a week for each family 
during the months of May to September, inclusive, or three dollars 
a week during the other months; and the overseers shall in every 
case give immediate notice in writing to the state board of charity, 
which shall examine the case and if it directs a discontinuance of 
such aid, shall remove such persons to the state hospital or to any 
state or place where they belong, if their necessities or the public 
interest requires it, and the superintendent of said hospital shall 
receive the persons removed thereto as if they were sent there in 
accordance with the provisions of section seven of chapter eighty- 
five. 

This statute was amended by St. 1903, e. 355, but such amend- 
ment does not affect the present question. 

The first question raised by the inquiries above quoted is 
whether or not the board of health of a city or town, if aid is 
furnished to persons other than the person infected with small- 
pox or other disease dangerous to the public health, may charge 
such expenses to or collect them from the Commonwealth in 
cases of unsettled persons. 

I am of opinion that under the provisions of St. 1907, c. 386, 
§ 1, the board of health of a city or town is not authorized to 
charge to the Commonwealth any expenditures made to the family 
of a person infected with a contagious disease, such aid being 
necessary only when the family of the person affected is isolated 
or quarantined. This appears to be the conclusion reached by 
the court in the case of Haverhill v. Marlborough, 187 Mass. 150, 
which was a suit brought by the city of Haverhill to recover the 
expenses incurred by such city in consequence of the illness from 
smallpox of two persons whose settlement was in Marlborough. 
The case was tried without a jury, upon the pleadings and an 
agreed statement of fact, in the lower court, which disallowed 
certain items charged by the city of Haverhill against the city 



1908.] PUBLIC DOCUMENT — No. 12. 65 

of Marlborough. After passing upon certain of the claims which 
were allowed in the court below and sustaining the decision there 
rendered, the court says (p. 155) : — 

The other classes of expenses were for services of policemen sta- 
tioned to enforce the quarantine of the house, and for supplies for 
other persons not ill, furnished because they also were quarantined 
in the same building. All these expenses were disallowed by the 
lower court, and we think rightly. They were not incurred for 
the persons infected with smallpox, but for the preservation of the 
public health. 

This decision would seem to be decisive upon the first question, 
and to show, at least in the case of settled persons, that the 
expenses for which recovery is allowed must be strictly limited 
to those incurred for or in behalf of the person actually afflicted 
with a contagious disease. I see no reason to distinguish between 
those expenses which one city or town may recover from another 
city or town in the case of settled paupers, and those which a 
city or town may recover from the Commonwealth in the case 
of unsettled paupers. It was the evident purpose of the statute 
to allow a reimbursement for the same expenses in both cases. 
It follows, therefore, that if the board of health expends money 
for the support or maintenance of the family of a person infected 
with a contagious disease who were quarantined with such person, 
such expenses must be treated as having been incurred for the 
preservation of the public health, and cannot be recovered either 
from a city or town where the sick person is settled, or from 
the Commonwealth in case such person has no settlement. 

If, however, the family of a person suffering from such disease 
but not quarantined are aided for the reason that such family 
are unable to care for and maintain themselves, and are, therefore, 
a charge upon the city or town where they are domiciled the aid 
rendered should, in my opinion, be rendered by the overseers of 
the poor, under E. L., c. 81, § 21, the temporary aid law, so called, 
and subject to the restrictions there established, as would be the 
case where such family had become poor and unable to support 
themselves, by reason of the death or injury of the parent whose 
work it was to provide for them. 

With respect to the effect of aid rendered under either of these 
statutes in cases of contagious diseases dangerous to the public 
health, I am of opinion that such expenditures as are made by 
the board of health, whether in behalf of the person afflicted or 



66 ATTORNEY-GENERAL'S REPORT. [Jan. 1908. 

of his family, do not pauperize any of the persons who receive 
such aid. Where the aid is rendered by the overseers of the poor, 
the question is more difficult ; but in that case also, in my opinion, 
the aid furnished, if it may properly be said that the expense 
incurred was in consequence of contagious disease dangerous to 
the public health, does not pauperize the persons aided. This 
view is confirmed by the fact that the provision of St. 1907, 
c. 386, § 2, is broad enough in terms to include not only aid 
furnished by the local board of health for the purpose of preserv- 
ing the public health, but also aid furnished by the overseers of 
the poor, and required by the poverty of the family of the person 
afflicted with such disease. 

Very truly yours, 

Dana Malone, Attorney-General. 



INDEX TO OPINIONS. 



Arrest for violation of rules and regulations of Metropolitan Park Com 
mission, ......... 

Attorney-General, duty of, with respect to proposed legislation, 
Automobiles, posting of special regulations, ..... 

Special regulations, statutory construction, .... 

Expiration of registration of, by dealer, .... 

Bonds of Commonwealth, transfer of, by Treasurer, 

Child, minor, in custody of State Board of Charity, discharge, religious 
faith of adopted parents, ...... 

Citizens, preference at State Sanatorium, ..... 

Civil service, vendor of intoxicating liquors, agents, 

Exemption, clerk in office of State Forester, .... 
Clerks of courts, fees for naturalization, ..... 

Constitutional law, acceptance of statute by majority of voters, 

Harvest and sale of ice by city or town, .... 

Contagious diseases, jurisdiction of State Board of Health in care of, 

Temporary aid in cases of, . 
Corporation, husband and wife as parties to agreement of association, 
County commissioners of Bristol, compensation of, as members of joint 
board, ......... 

Eight-hour law, domestic servants, holidays, .... 

Employment of women and minors, manufacturing establishment, knit- 
ting, 

Fees of clerks of courts for naturalization, ..... 

Holidays under eight-hour law, ....... 

Ice, harvest and sale of, by city or town, constitutional law, . 
Insane person, disposition of property of, by officers of institutions for 
insane, ......... 

Insurance, foreign corporation, change from assessment to old-line busi- 
ness, valuation, ........ 

Intoxicating liquors, vendors of, civil service, .... 

Labor, eight-hour law, domestic servants, holidays, 
Legislature, member of, eligibility of, for other office, 
Manufacturing establishment, textile goods, knitting, 
Massachusetts State Sanatorium, preference of citizens at, 
Metropolitan Park Commission, rules and regulations, violation of, arrest 
warrant, ......... 

Minors, employment of, in manufacture of textile goods, 
Naturalization fees of clerks of courts for, ..... 

Nuisance, jurisdiction of State Board of Health to abate, with complaint 
pending, ......... 

Office, eligibility of member of Legislature for other, 
Pauper, derivative settlement, retroactive statute, 

Settlement, assessment of taxes, ...... 

Temporary aid in cases of contagious diseases, 



21 
36 
1 
11 
41 
29 

47 
15 
30 
52 
32 
14 
34 
4 
62 
45 

17 
19 

49 
32 
19 
34 

57 

5 
30 

19 
43 
49 

15 

21 
49 
32 

8 
43 

7 
40 
62 



68 



INDEX TO OPINIONS. 



[Jan. 1908. 



Public records, returns of companies engaged in transmission of intelligence 
by electricity, ..... 

Reports in custody of State Board of Health, 
Registered pharmacist, attendance of, 
Regulations for automobiles, posting, . 

Special for automobiles, construction of statute, 

Metropolitan Park Commission, of, violations of, 
Roadways, Metropolitan Park Commission, rules and regulations, 
State Board of Charity, religious faith of adopted parents of minor child 
State Board of Health, jurisdiction, contagious diseases, 

Nuisance, jurisdiction to abate, pending proceeding, 

Reports to, as public records, ..... 

State highway, alteration of location, abandonment, 
Statute, effect of retroactive on derivative settlement of pauper 

Construction of, special regulation for automobiles, 

Acceptance, constitutional law, 
Textile goods, manufacture of, by knitting, . 
Trust company, right to have branch office, 
Veteran, employee of Commonwealth, retirement of, 

Retirement of, compensation, 
Women, employment of, in manufacture of textile goods, 



54 
60 

IS 

1 

11 

21 

21 

47 

4 

S 

60 

38 

7 

11 

14 

49 

56 

45 

51 

49 



LIST OF CASES 



IN WHICH THE 



ATTORNEY-GENERAL 



HAS APPEARED 



During the Year 1907, 



GRADE 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 Koad, Pond Village, crossing. Eailroad Commis- 
sioners appointed commissioners. Commissioners' report 
filed. Arthur W. DeGoosh appointed auditor. Pending. 

Bourne, Selectmen of, petitioners. Petition for the abolition of 
Collins and Handy crossings. Louis A. Frothingham, Henry 
L. Parker, Jr., and Lyman P. Thomas, appointed commis- 
sioners. Commissioners 7 report filed. Arthur W. DeGoosh 
appointed auditor. Auditor's first report filed. Pending. 

Berkshire County. 

Adams. Hoosac Valley Street Eailway Company, petitioners. 
Petition for abolition of Commercial Street crossing in 
Adams. George W. Wiggin, William W. McClench and 
Edmund K. Turner appointed commissioners. Commis- 
sioners' report filed. Frank H. Cande appointed auditor. 
Pending. 

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 Lang- 
don'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. 



72 ATTORNEY-GENERAL'S REPORT. [Jan. 

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. 

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, William W. McClench and Joseph P. Magenis 
appointed commissioners. Commissioners' report filed. 
Frank H. Cande appointed auditor. Auditor's first report 
filed. Pending. 

North Adams, Mayor and Aldermen of, petitioners. Petition 
for abolition of State Street crossing. Pending. 

Pittsfield, Mayor and Aldermen of, and Directors of Boston & 
Albany Railroad Company, petitioners. Petition for the 
abolition of Hubbard and Gates avenues and Jason Street 
crossings in Pittsfield. Thomas W. Kennefick, William Sul- 
livan and Charles M. Ludden appointed commissioners. 
Commissioners' report filed. Patrick J. Ashe appointed 
auditor. Auditor's first report filed. Pending. 

Pittsfield, Mayor and Aldermen of, petitioners. Petition for 
abolition of Merrill crossing in Pittsfield. Thomas W. Ken- 
nefick, Frederick L. Green and Edmund K. Turner 
appointed commissioners. 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 Eoad " crossing in Stockbridge. James B. Car- 
roll, Edward B. Bishop and Luther Dean appointed com- 
missioners. Commissioners' report filed. Wade Keyes ap- 
pointed auditor. Auditor's first report filed. Pending. 

Stockbridge, Selectmen of, petitioners. Petition for abolition of 
South Street crossing. Eailroad commissioners appointed 
commissioners. 

Williamstown. Hoosac Valley Street Railway Compamr, peti- 
tioners. Petition for the abolition of a grade crossing in 
Williamstown, near the Fitchburg Eailroad station. Ed- 
mund K. Turner. William W. McClench and Charles N. 



1908.] PUBLIC DOCUMENT — No. 12. 73 

Clark appointed commissioners. Commissioners' report 
filed. Frank H. Cande appointed auditor. Auditor's first 
report filed. Pending. 

Bristol County. 

Attleborough. Directors of Old Colony Bailroad, petitioners. 
Petition for abolition of South Main Street crossing in At- 
tleborough. George W. Wiggin, Augustus P. Martin and 
Charles A. Allen appointed commissioners. Commission- 
ers' report filed. Clarence Hi 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 E. Dunbar, Henry L. Parker and William 
Jackson appointed commissioners. Commissioners' report 
filed. Chas. P. Searle appointed auditor. Auditor's fourth 
report filed. Pending. 

Baston. Directors of New York, New Haven & Hartford Eail- 
road Company, petitioners. Petition for abolition of cross- 
ing at Eastondale. James E. Cotter, Wm. Eankin and 
Chas. D. Bray appointed commissioners. Fred Joy ap- 
pointed auditor. Auditor's fourth report filed. Pending. 

Fall Eiver, Mayor and Aldermen of, petitioners. Petition for 
abolition of Brownell Street crossing and other crossings in 
Fall Eiver. John Q. A. Brackett, Samuel N. Aldrich and 
Charles A. Allen appointed commissioners. Commissioners' 
report filed. Fred E. Jones appointed auditor. Auditor's 
eighteenth report filed. Pending. 

Mansfield. Directors of New York, New Haven & Hartford 
Eailroad Company, petitioners. Petition for abolition of 
grade crossing at North Main, Chauncey, Central, West, 
School and Elm streets in Mansfield. Samuel L. Powers, 
Stephen S. Taft and Wm. Jackson appointed commissioners. 
Pending. 

New Bedford, Mayor and Aldermen of, petitioners. Petition for 
abolition of certain grade crossings in New Bedford. George 
F. Eichardson, Horatio G. Herrick and Wm. Wheeler ap- 
pointed commissioners. Commissioners' report filed. Fred 
E. Jones appointed auditor. Auditor's fifth report filed. 
Pending. 

Taunton, Mayor and Aldermen of, petitioners. Petition for 
abolition of grade crossings in Taunton. William B. French. 



74 ATTORNEY-GENERAL'S REPORT. [Jan. 

A. C. Southworth and Edward B. Bishop appointed com- 
missioners. Commissioners' report filed. Fred E. Jones 
appointed auditor. Auditor's first report filed. Pending. 

Essex County. 

Haverhill, Mayor and Aldermen of, petitioners. Petition for 
abolition of Washington Street and other crossings in Haver- 
hill. George W. Wiggin, William B. French and Edmund 
K. Turner appointed commissioners. Commissioners' report 
filed. Fred E. Jones appointed auditor. Auditor's sixth 
report filed. Pending. 

Ipswich. Boston & Maine Railroad Company, petitioners. Peti- 
tion for abolition of Locust Street crossing in Ipswich. 
George W. Wiggin, Edmund K. Turner and William F. 
Dana appointed commissioners. Commissioners' report filed. 
Fred E. Jones appointed auditor. Auditor's first report 
filed. Pending. 

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 Underhill crossing in Ips- 
wich. George W. Wiggin, Albert D. Bosson and Edmund K. 
Turner appointed commissioners. Commissioners' report 
filed. Fred E. Jones appointed auditor. Auditor's first 
report filed. Pending. 

L}Tin, Mayor and Aldermen of, petitioners. Petition for aboli- 
tion of Summer Street and other crossings on Saugus branch 
of Boston & Maine Railroad and Market Street and other 
crossings on main line. George W. Wiggin, Edgar R. 
Champlin and Edmund K. Turner appointed commissioners. 
Pending. 

Lynn, Mayor and Aldermen of, petitioners. Petition for aboli- 
tion of grade crossings at Pleasant and Shepard streets, Gas 
Wharf Road and Commercial Street, on the Boston, Revere 
Beach & Lynn Railroad. 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. 
Commissioners' report filed. Andrew Fiske appointed au- 
ditor. Auditor's first report filed. Pending. 



1908.] PUBLIC DOCUMENT — No. 12. 75 

Kowley. Boston & Maine Bailroad Company, petitioners. Peti- 
tion for abolition of Main Street crossing in Bowley. E. 
K. Turner, Balph A. Stewart and James M. Swift ap- 
pointed commissioners. Pending. 

Salem, Mayor and Aldermen of, petitioners. Petition for the 
abolition of grade crossings at Bridge, Washington, 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 County. 

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. Auditor's first report filed. 
Pending. 

Deerfield. Directors of the Fitchburg Eailroad Company, peti- 
tioners. Petition for abolition of McClellan crossing at East 
Deerfield. Alpheus Sanford, Edmund K. Turner and Wal- 
ter 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 Eussell streets crossings in Greenfield. Ed- 
mund K. Turner, Walter P. Hall and Fred D. Stanley 
appointed commissioners. Stephen S. Taft appointed au- 
ditor. Auditor's first report filed. Pending. 

Northfield, Selectmen of, petitioners. Petition for abolition of 
crossing on road to South Vernon. Edmund K. Turner. 
Charles W. Hazelton and Charles H. Innes appointed com- 
missioners. Pending. 

Northfield, Selectmen of, petitioners. Petition for abolition of 
Eiver Street crossing in Northfield. Alpheus Sanford, 
Charles W. Hazelton and Newell D. Winter appointed com- 
missioners. Commissioners' report filed. Dana Malone ap- 
pointed 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 Hun- 
tington Eoad in Chester. Charles E. Hibbard, William 



76 ATTORNEY-GENERAL'S REPORT. [Jan. 

Sullivan and Wm. P. Martin appointed commissioners. 
Commissioners' report filed. Kalph W. Ellis appointed au- 
ditor. Auditor's first report filed. Pending. 

Chester, Selectmen of, and Directors of Boston & Albany Rail- 
road Company, petitioners. Petition for abolition of Hun- 
tington Street and White Chop crossing in Chester. Charles 
E. Hibbard, William Sullivan and William P. Martin ap- 
pointed 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, Edmund K. Turner 
and Fred D. Stanley appointed commissioners. Commis- 
sioners' report filed. Timothy G. Spaulding appointed au- 
ditor. 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 
commissioners. Commissioners' report filed. Stephen S. 
Taft appointed 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 
Springfield Road crossing, otherwise known as the Wire 
Mill crossing, in Palmer. William Turtle, Frederick L. 
Greene and John W. Mason appointed commissioners. Com- 
missioners' report filed. Pending. 

Springfield, Mayor and Aldermen of, petitioners. Petition for 
abolition of Bay State Road and other crossings in Spring- 
field. George W. Richardson, Marshall Wilcox and George 
W. Wiggin appointed commissioners. Commissioners' report 
filed. Charles W. Bosworth appointed auditor. Auditor's 
first report filed. Pending. 

Springfield, Mayor and Aldermen of, petitioners. Petition for 
abolition of South End Bridge crossing in Springfield, Ar- 
thur H. Wellman, John J. Flaherty and George F. Swain 
appointed commissioners. Commissioners' report filed. 
Fred E. Jones appointed auditor. Auditor's second report 
filed. Pending. 

Westfield, Selectmen of, petitioners. Petition for raising of 



1908.] PUBLIC DOCUMENT— No. 12. 77 

bridge over Elm Street in Westfield. Thomas W. Proctor, 
John B. O'Donnell and Edmund K. Turner appointed com- 
missioners. Commissioners' report filed. J. Mott Hallo- 
well 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 Westfield. Charles E. 
Hibbard, Joseph Bennett and George W. Wiggin appointed 
commissioners. Commissioners' report filed. Ealph W. 
Ellis appointed auditor. Auditor's first report filed. 
Pending. 

Westfield. Boston & Albany Eailroad Company, petitioners. 
Petition for abolition of Coburn's and Morse's crossings in 
Westfield. Charles M. Ludden, William Sullivan and Bich- 
ard W. Irwin appointed commissioners. Commissioners' 
report filed. Ealph W. Ellis appointed auditor. Auditor's 
first report filed. Pending. 

Hampshire County. 

Belchertown, Selectmen of, petitioners. Petition for abolition of 
Holyoke Eoad crossing in Belchertown. George W. Wiggin, 
Ered 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 Leache's crossing in Belchertown. Augustus W. 
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, Stephen S. Taft and James 
M. Sickman appointed commissioners. Commissioners' re- 
port filed. William P. Hayes appointed auditor. Auditor's 
first report filed. Pending. 

Northampton. Directors of Connecticut Eiver Eailroad Com- 
pany, petitioners. Petition for abolition of Lyman's cross- 
ing in Northampton. George W. Wiggin, Fred D. Stanley 



78 ATTORNEY-GENERAL'S REPORT. [Jan. 

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. Ar- 
thur S. Kneil appointed auditor. Auditor's first report filed. 
Pending. 

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. Mason 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. Mc Clench ap- 
pointed commissioners. Commissioners' report filed. John 
W. Mason appointed auditor. Auditor's first report filed. 
Pending. 

Middlesex County. 

Acton, Selectmen of, petitioners. Petition for abolition of Great 
Road crossing in Acton. Benj. W. Wells, George Burrage 
and William B. Sullivan appointed commissioners. Com- 
missioners' report filed. Fred Joy appointed auditor. 
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. Fred Joy appointed auditor. 
Pending. 

Arlington, Selectmen of, petitioners. Petition for abolition of 
Grove Street crossing and other crossings in Arlington. Al- 
pheus Sanford, Edmund K. Turner and S. Everett Tinkham 
appointed commissioners. Commissioners' report filed. 
Fred Joy appointed auditor. Auditor's third report filed. 
Pending. 

Aver, Selectmen of, petitioners. Petition for abolition of Main 
Street crossing in Aver. Samuel K. Hamilton, Theodore C. 
Hurd and Edmund K. Turner appointed commissioners. 
Commissioners' report filed. Robert P. Clapp appointed 
auditor. Auditor's first report filed. Pending. 



1908.] PUBLIC DOCUMENT— No. 12. 79 

Aver, Selectmen of, petitioners. Petition for abolition of West 
Main and Park streets crossing in Ayer. Frank P. Gould- 
ing, Charles A. Allen and Anson D. Fessenden appointed 
commissioners. 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 Eoad cross- 
ings in Belmont. Pending. Theodore C. Hurd, Fred Joy 
and George F. Swain appointed commissioners. Commis- 
sioners' report filed. Pending. 

Cambridge. Directors of Boston & Maine Eailroad Company, 
petitioners. Petition for abolition of Prison Point Street 
crossing in Cambridge. Henry S. Milton, 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. Tur- 
ner, Frederick W. Dallinger and Charles F. Worcester ap- 
pointed commissioners. Commissioners' report filed. W. 
C. Dillingham appointed auditor. Pending. 

Concord, Selectmen of, petitioners. Petition for abolition of 
Oliver Eice 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. 

Everett. Directors of Boston & Maine Eailroad Company, peti- 
tioners. Petition for abolition of crossings at Broadway and 
Main Street in Everett. George W. Wiggin, Edmund K. 
Turner and Eobert 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 abo- 
lition of Marble Street crossing. Pending. 

Framingham, Selectmen of, petitioners. Petition for the aboli- 
tion of Concord Street crossing. Pending. 

Framingham, Selectmen of, petitioners. Petition for the abo- 
lition of Waverly Street crossing. Pending. 

Framingham, Selectmen of, petitioners. Petition for the abo- 
lition of Bishop Street crossing. Pending. 



80 ATTORNEY-GENERAL'S REPORT. [Jan. 

Framingham, Selectmen of, petitioners. Petition for the abo- 
lition of Hollis and Waushakum streets crossings], Pending. 

Framingham, Selectmen of, petitioners. Petition for the abo- 
lition of Claflin Street crossing. Pending. 

Lexington, Selectmen of, petitioners. Petition for abolition of 
Grant Street crossing in Lexington. Alpheus Sanford, 
Edmund K. Turner and S. Everett Tinkham appointed 
commissioners. Commissioners 7 report filed. Franklin 
Freeman appointed auditor. Auditor's first report filed. 
Pending. 

Lowell, Mayor and Aldermen of, petitioners. Petition for abo- 
lition of Middlesex and Thorndike streets crossings. Pend- 
ing. 

Lowell, Mayor and Aldermen of, petitioners. Petition for abo- 
lition of Boston Road and Plain Street crossings. Arthur 
Lord, David F. Slade and Henry A. AVyman appointed 
commissioners. Pending. 

Lowell, Mayor and Aldermen of, petitioners. Petition for abo- 
lition of School and Walker streets crossings. Arthur Lord, 
David F. Slade and Henry A. Wyman appointed commis- 
sioners. Pending. 

Lowell, Mayor and Aldermen of, petitioners. Petition for abo- 
lition of Lincoln Street crossing. Arthur Lord, David F. 
Slade and Henry A. Wyman appointed commissioners. 
Pending. 

Lowell, Mayor and Aldermen of, petitioners. Petition for abo- 
lition of Middlesex, Thorndike and Lincoln streets and Bos- 
ton Road grade crossings. Pending. 

Lowell, Ma3 r or and Aldermen of, petitioners. Petition for abo- 
lition of Pawtucket Street crossing and other crossings in 
Lowell. George W. AYiggin, John W. Ellis and Samuel L. 
Minot appointed commissioners. Commissioners' report 
filed. Patrick 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 0. 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. 



1908.] PUBLIC DOCUMENT — No. 12. 81 

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 
Natick. Geo. W. Wiggin, Edmund K. Turner and Larkiri 
T. Trull appointed commissioners. Commissioners' report 
filed. Theo. 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, Larkiri 
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 Iv. Turner appointed commissioners. Pending. 

Newton, Mayor and Aldermen of, petitioners. Petition for aboli- 
tion of crossings on main line in Newton. Theo. C. Hurd 
appointed auditor. Auditor's eleventh re"port filed. Pend- 
ing. 

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 Iv. 
Turner appointed commissioners. Commissioners' report 
filed. Patrick H. Cooney appointed auditor. Auditor's 
thirteenth 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 E. Swain and James D. Colt appointed 
commissioners. Pending. 

Wakefield, Selectmen of, petitioners. Petition for abolition of 
Hanson Stre'et crossing in Wakefield. Pending. 



82 ATTORNEY-GENERAL'S REPORT. [Jan. 

Waltham, 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 
abolition of Moody Street, Main Street, Elm Street, River 
Street, Pine Street, Newton Street and Calvary Street cross- 
ings in Waltham. Arthur Lord, Patrick H. Cooney and 
George F. Swain appointed commissioners. Pending. 

Winchester, Selectmen of, petitioners. Petition for the aboli- 
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. Patrick H. 
Cooney, Frank N. Na} r and George F. Swain appointed com- 
missioners. Pending. 

Braintree. Directors of New York, New Haven & Hartford 
Railroad Company, petitioners. Petition for abolition of 
grade crossing at School, Elm, River and Union streets in 
Braintree. Boyd B. Jones, Winfield S. Slocum and Arthur 
H. Wellman appointed commissioners. Pending. 

Brookline. Directors of Boston & Albany Railroad Company, 
petitioners. Petition for the abolition of Kerrigan Place 
crossing in Brookline. William Sullivan, Henry M. Hutch- 
ins and Wade Keyes appointed commissioners. Commis- 
sioners' report filed. Henry M. Hutchins appointed auditor. 
Auditor's first report filed. Pending. 

Brookline and Boston. Directors of the Boston & Albany Rail- 
road Company, petitioners. Petition for the abolition of 
Reservoir Lane crossing in Boston and Brookline. Henry 
C. Mulligan, Charles T. Davis and Albert S. Apsey ap- 
pointed commissioners. Commissioners' report filed. Rob- 
ert G. Dodge appointed auditor. Auditor's first report filed. 
Pending. 

Canton. Directors of New York, New Haven & Hartford Rail- 
road Company, petitioners. Petition for abolition of Ded- 
ham Road crossing in Canton. Samuel L. Powers, Stephen 
S. Taft and Wm. Jackson appointed commissioners. Pend- 
ing. 

Dedham. Directors of New York, New Haven & Hartford Rail- 



1908.] PUBLIC DOCUMENT — No. 12. 83 

road Company, petitioners. Petition for abolition of Green 
Lodge Street crossing in Dedham. Samuel L. Powers, 
Stephen S. Taft and Wm. Jackson appointed commissioners. 
Pending. 

Dedham. Directors of the Old Colony Eailroad Company, peti- 
tioners. Petition for the abolition of Eiver Street and Whit- 
ing Avenue crossings. Augustus P. Martin, Charles A. 
Allen and Fred Joy appointed commissioners. Commis- 
sioners' report filed. Clarence 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 Peed ap- 
pointed commissioners. Commissioners' report filed. Fred 
E. Jones appointed auditor. Pending. 

Dedham, Selectmen of, and Directors of New York, New Haven 
& Hartford Eailroad Company, petitioners. Petitions for 
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, 
Edward B. Bishop and H. C. Southworth appointed commis- 
sioners. Commissioners' report filed. Fred E. Jones ap- 
pointed auditor. Auditor's thirteenth report filed. Pend- 
ing. 

Foxborough. Directors of New York, New Haven & Hartford 
Eailroad Company, petitioners. Petition for abolition of 
grade crossing at Cohasset and Summer streets in Fox- 
borough. Samuel L. Powers, Stephen S. Taft and Wm. 
Jackson appointed commissioners. 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. Boyd B. Jones, Edmund K. Turner and Fred Joy 
appointed commissioners. Thomas W. Proctor appointed 
auditor. 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 Eiver Street crossing in Needham. Pending. 

Norwood, Selectmen of, and Directors of New York, New Haven 



84 ATTORNEY-GENERAL'S REPORT. [Jam 

& 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. Boyd B. Jones, 
Winfield S. Slocum and Arthur H. Wellman 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 Mohawk streets in Sharon. 
Samuel L. Powers, Stephen S. Taft and Wm. Jackson ap- 
pointed commissioners. 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. Pend- 
ing. 

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 
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. Samuel L. Pow- 
ers, Stephen S. Taft and Wm. Jackson appointed commis- 
sioners. 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. 

Hingham. 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. South worth appointed com- 



1908.] PUBLIC DOCUMENT— No. 12. 85 

missioners. Arthur W. DeGoosh appointed auditor. Au- 
ditor's first report filed. Pending. 

Marshfield. Directors of New York, New Haven & Hartford 
Eailroad Company, petitioners. Petition for abolition of 
crossing near Marshfield station. Alpheus Sanford, J. Al- 
bert Brackett and Frank T. Daniels appointed commis- 
sioners. Commissioners' report filed. Fred E. Jones ap- 
pointed auditor. 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. Au- 
ditor's sixth report filed. Pending. 

Scituate. Directors of New York, New Haven & Hartford Eail- 
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 Eailroad Company, petitioners. 
Petition for abolition of Tremont Street crossing in Boston.. 
Samuel N. Aldrich, H. C. Southworth and Edward B. 
Bishop 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 Dudley Street crossing in Dorchester. Thomas Post. 
Fred Joy and Edmund K. Turner appointed commissioners. 
Commissioners' report filed. James D. Colt appointed au- 
ditor. Auditor's third 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 com- 
missioners. Commissioners' report filed. Fred Joy ap- 
pointed auditor. Auditor's thirty-first report filed. Pend- 
ing. 

Boston, Mayor and Aldermen of, petitioners. Petition for aboli- 
tion of Austin Street, Cambridge Street and Perkins Street 
crossings in Charlestown. Henrv S. Milton, Edward B. 



86 ATTORNEY-GENERAL'S REPORT. [Jan. 

Bishop and Henry G. Taft appointed commissioners. Com- 
missioners' report filed. Fred Joy appointed auditor. Audi- 
tor's ninth report filed. Pending. 

Boston. New York, New Haven & Hartford Railroad Company, 
petitioners. Petition for abolition of Neponset and Granite 
avenues crossings in Dorchester. Pending. 

Boston, Mayor and Aldermen of, petitioners. Petition for aboli- 
tion of Freeport, Adams, Park, Mill and Walnut streets and 
Dorchester Avenue crossings. James R. Dunbar, Samuel L. 
Powers and Thomas W. Proctor appointed commissioners. 
Commissioners' report filed. Arthur H. Wellman appointed 
auditor. 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-sixth report filed. 
Pending. 

Boston. Directors of Old Colony Railroad Compan}-, 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 third 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 
appointed 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 A. Kimball appointed commissioners. Commission- 
ers' report filed. Fred E. Jones appointed auditor. Au- 
ditor's nineteenth report filed. Pending. 

Boston. Mayor and Aldermen of. petitioners. Petition for aboli- 
tion of all crossings in East Boston. George W. Wiggin, 
William B. French and Edward B. Bishop appointed com- 
missioners. Commissioners' report filed. Winfield S. Slo- 
cum appointed auditor. Auditor's eighth report filed. 
Pending* 

Rev re. Selectmen of, petitioners. Petition for abolition of Win- 
throp avenue crossing in Revere. George W. Wiggin, 



1908.] PUBLIC DOCUMENT — No. 12. 87 

' Everett C. Bumpus and diaries D. Bray appointed commis- 
sioners. Commissioners' report filed. Fred E. Jones ap- 
pointed auditor. Auditor's second report filed. Pending. 

Worcester County. 

Blackstone. Directors of New York, New Haven & Hartford 
Railroad Company, petitioners. Petition for abolition of 
Mendon Street crossing in Blackstone. Railroad commis- 
sioners appointed commissioners. Commissioners' report 
filed. William S. Dana appointed auditor. Auditor's first 
report filed. Pending. 

Clinton, Selectmen of, petitioners. . Petition for abolition of 
Sterling, Water, Main and Woodlawn streets crossings. 
George W. Wiggin, William E. McClintock and James A. 
Stiles appointed commissioners. Pending. 

Fitchburg, Mayor and Aldermen of, petitioners. Petition for 
abolition of Putnam Street and Laurel Street crossings in 
Fitcbburg. Frank P. Goulding, Charles A. Allen and 
Charles M. Thayer appointed commissioners. Commission- 
ers' report filed. George S. Taft appointed auditor. Au- 
ditor's third report filed. Pending. 

Fitchburg, Mayor and Aldermen of, petitioners. Petition for 
abolition of Rollstone Street crossing in Fitchburg. Ed- 
mund K. Turner, Edwin II. Curtis and Ernest H. Vaughan 
appointed commissioners. Commissioners' report filed. 
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 com- 
missioners. Commissioners' report filed. Henry L. Parker 
appointed 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, Arthur 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. 

Leominster, Selectmen of, petitioners. Petition for abolition of 
Water Street crossing. George W. Wiggin, George F. Swain 
and appointed commissioners. Pending. 

Leominster, Selectmen of, petitioners. Petition for abolition of 



88 ATTORNEY-GENERAL'S REPORT. [Jan. 

Summer Street crossing. George W. AA T iggin, George F. 
Swain and appointed commissioners. Pend- 
ing. 

Leominster, Selectmen of, petitioners. Petition for the abolition 
of Mechanic Street crossing. George W. AYiggin, George 
F. Swain and appointed commissioners. Pend- 
ing. 

Leominster, Selectmen of, petitioners. Petition for the abolition 
of Main Street crossing. George AY. Wiggin, George F. 
Swain and appointed commissioners. Pend- 
ing. 

Leominster, Selectmen of, petitioners. Petition for abolition of 
Lancaster Street crossing in Leominster. Alpheus Sanford. 
Charles A. Allen and Seth P. Smith appointed commis- 
sioners. Commissioners' report filed. Fred E. Jones ap- 
pointed auditor. 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 apjDointed auditor. Auditor's first report filed. 
Pending. 

Northbridge and "Oxbridge, joint petition of Selectmen of. Pe- 
tition for abolition of AAliitin's station crossing. Alpheus 
Sanford, Edward B. Bishop and Harry C. South worth ap- 
pointed commissioners. Commissioners' report filed. Fred 
E. Jones appointed auditor. Auditor's fifth report filed. 
Pending. 

Southborough, Selectmen of, petitioners. Petition for abolition 
of crossing on road from Southborough to Framingham. 
Samuel AY. McCall, Louis A. Frothingham and Eugene C. 
Hultman appointed commissioners. Pending. 

Southborough, Selectmen of, petitioners. Petition for abolition 
of crossing on road leading from Southborough to Hopkin- 
ton. George C. Travis, James AY. McDonald and William 
Sullivan 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. 
Pending. 

West Boylston. Boston & Maine Railroad Company, petition- 



1908.] PUBLIC DOCUMENT — No. 12. 89 

ers. Petition for abolition of Prescott Street crossing. 
Pending. 

Westborough, Selectmen of, and Directors of Boston & Albany 
Eailroad 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 cross- 
ings, including alterations of Union Station. James E. 
Dunbar, James H. Flint and George F. Swain appointed 
commissioners. Commissioners' report filed. James A. 
Stiles appointed auditor. 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. Pend- 
ing. 

Worcester. Directors of Boston & Albany Eailroad Company, 
petitioners. Petition for abolition of Webster Street, Lud- 
low Street, Sutton Lane and Heard Street crossings in 
Worcester. Harvey N. Shepard, Frederick Brooks and 
Joseph S. Ludlam appointed commissioners. Commission- 
ers' report filed. James A. Stiles appointed auditor. Au- 
ditor's amended second report filed. Pending. 



The following cases have been brought for alleged land dam- 
ages incurred in the alteration of grade crossings. The Com- 
monwealth, 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 Eailroad Company et als. Supe- 
rior Court, Suffolk County. Pending. 

Commonwealth v. Boston. Superior Court, Suffolk County. 
Settled. 



90 ATTORNEY-GENERAL'S REPORT. [Jan. 

Connell v. Boston & Maine Railroad Company, et ah Superior 

Court, Middlesex County. Pending. 
Dickinson et al. v. Fitchburg. Superior Court, Worcester 

County. Pending. 
Googins, Mary A., et ah v. Boston & Albany Railroad Company 

et ah 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, Mid- 
dlesex County. Pending. 
Sanford, George E., v. Belchertown et ah Superior Court. 

Hampshire County. Pending. 
Stack v. Sow York, New Haven & Hartford Railroad Company 

et ah Superior Court, Hampshire County. Pending. 



1908.] PUBLIC DOCUMENT — No. 12. 91 



CASES ARISING IN THE PEOBATE COURTS 



UNDER THE 



Collateral Inheritance Tax Act. 



Essex County. 

Harris, Nathaniel B., estate of. Charles W. Richardson, execu- 
tor. Pending. 

Nichols, Mary C, estate of. Frank 0. Woods, executor. Peti- 
tion for instructions. Pending. 

Hampden County. 

Bishop, John George, estate of. Emily Clara Bishop, executrix. 
Petition for instructions. Pending. 

Crockett, Sara L., estate of. H. L. Harding et al., executors. 
Petition of Treasurer and Receiver-General to collect tax on 
said estate. Pending. 

Greenleaf, Orick H., estate of. Ida E. Greenleaf et al., petition- 
ers. Petition for instructions. Pending. 

Lathrop, Erastus, estate of. S. Augustus Allen, executor, peti- 
tioner. Petition for instructions. Pending. 

Sanders, Sidney, estate of. Ella M. Quimby, executrix. Peti- 
tion for instructions. Pending. 

Tyner, George N., estate of. Edward S. Towne et al.; executors. 
Petition for instructions. Pending. 

Vining, Sarah E., estate of. Charles H. Barrows, executor. 
Petition for instructions. Pending. 

Middlesex County. 

Graham, Mary H., estate of. William A. Russell, executor. 
Pending. 

Little, John Albro, estate of. Robert H. McCurdy et al., execu- 
tors. Pending. 

Warren, Martha R., estate of. Benjamin C. Clark, executor. 
Decree. 



92 ATTORNEY-GENERAL'S REPORT. [Jan. 



Norfolk County. 

Bowles, Mary W., estate of. George E. Bullard, executor. At- 
torney-General waived right to be heard. 

Harlow, Robert Henry, estate of. Francis L. Hayes et al., ex- 
ecutors. Pending. 

Taft, Luke Herbert, estate of. Helen E. Taft et al... executors. 
Pending. 

Welton, Walter B., estate of. Henry W. Kidder, administrator. 
Pending. 

Suffolk County. 

Gould, Samuel, estate of. Sabin P. Sanger et al., trustees. At- 
torney-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. 

Reed, Rebecca T.. estate of. Augustus E. Scott, petitioner for 
instructions. Pending. 

Sinnott, Joseph F., estate of. John Sinnott, executor. Pending. 

Wheelock, George A., estate of. William H. Elliott, executor. 
Pending. 

Worcester County. 

Bullock, Brigham N., estate of. George Bullock et al., executors. 
Petition for instructions. Pending. 

Thayer, Julia B., estate of. Frederick H. Kingsbury et al., exec- 
utors. Petition for instructions. Pendinsr. 



1908.] PUBLIC DOCUMENT — No. 12. 93 



PUBLIC CHARITABLE TRUSTS. 



Bristol County. 

Arnold, Sarah Botch, estate of. Alanson S. Barney, petitioner. 
Petition for appointment of trustee. Pending. 

Peckham, Peleg W., estate of. Joseph M. Sharrock et al., trus- 
tees. Petition for allowance of third and third supplemental 
account. Pending. 

Pye, Ellen, estate of. Elizabeth E. Pye, trustee. Petition for 
mortgage, real estate held in trust. Pending. 

Essex County. 

Bartlett, David Greenleaf, estate of. Albert L. Bartlett, execu- 
tor. Petition for instructions. Pending. 

Buffum, Jonathan, estate of. Caroline P. Moulton et al., execu- 
tors. Petition for allowance of final account. Pending. 

Coburn, Lucy C, estate of. Malcolm Donald, petitioner. Peti- 
tion 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 Eichardson et al.. 
petitioners. Petition for appointment of trustees. Pending. 

King, Harriet M., estate of. Charles W. Eichardson, adminis- 
trator. Petition for instructions. Decree. Appeal en- 
tered. Pending. 

Searles, Edward F., et al. v. Irene E. Fieles et al. Petition for 
instructions under the will of Artemas W. Stearns. Pend- 
ing. 

Franklin County. 

Delano, Lucy J., estate of. Eichard Clapp, trustee. Petition 
for appointment of trustee and allowance of first and final 
account. Attorney-General waived right to be heard on ac- 
count. 



U ATTORNEY-GENERAL'S REPORT. [Jan. 

Tilton, Chauncey B., estate of. Petition for appointment of 
trustee. Attorney-General waived right to be heard. 

Hampden County. 

Boland, James J., estate of. John F. Fagan, trustee. Petition 
for leave to sell real estate left for charitable purposes. At- 
torney-General assented to petition. 

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. 

James, John, estate of. Town of Goshen, petitioner. Petition 
for instructions, pending. 

Lathrop, Erastus, estate of. S. Augustus Allen, executor, peti- 
tioner. Petition for instructions. Pending. 

Lynds, Peter 0., estate of. H. Prentice Kendall, executor. Peti- 
tion for instructions. Pending. 

Smith, Horace, estate of. Henry S. Lee et al., trustees. Peti- 
tion for allowance of accounts. Pending. 

Whiting, H. Amelia, v. The Women's I nion Temperance Or- 
ganization. Petition for injunction to prevent defendant 
corporation from exceeding its powers under charter. Pend- 
ing. 

Middlesex County. 

Belknap, Hiram, estate of. Daniel A. Walker, executor. Peti- 
tion for leave to sell real estate. Attorney- General assented 
to petition. 

Groeschner, Alfred H. A., estate of. Henry W. Brigham et al.. 
trustees. Petition for appointment of trustees. Attorney- 
General waived right to be heard. 

Hayes, Maria, estate of. William Nutt, executor. Petition for 
allowance of first and final account. Pending. 

Massachusetts Lniversalists Convention. Petition for leave to 
sell real estate held in trust. Attorney-General waived right 
to be heard. 

Walker, Mary Sophia, estate of. William Lawrence et al., trus- 
tees. Petition for license to sell real estate held in trust. 
Attorney-General assented to petition. 

Ward, Winthrop, estate of. Francis H. Brown et al.. petitioners. 
Petition for appointment of trustees. Pending. 



1908.] PUBLIC DOCUMENT — No. 12. 95 

Norfolk County. 

Cleveland, Ira, estate of. Franklin W. Mann, petitioner. Peti- 
tion for appointment of trustee of trust funds. Pending. 

Ely, Frederick D., et al. v. Attorney-General el al. Bill in equity 
for instructions under the will of Charlotte Kingsbury. 
Pending. 

Plymouth County. 
Cobb, Kozilla, estate of. William W. Bryant et al., trustees. 
Petition for leave to transfer real estate held in trust. At- 
torney-General waived right to be heard. 

Suffolk County. 

Arlington, Inhabitants of, v. Attorney-General. Petition for 
instructions under the will of Nathan Pratt. Pending. 

Atkins, Henry Holly, estate of. William Warren Vaughan et al., 
trustees. Petition for allowance of fourth, fifth and sixth 
account. Pending. 

Bird, John H., estate of. George A. Thayer et al., trustees. 
Petition for allowance of thirty-first and thirty-second ac- 
counts. Attorney-General waived right to be heard. 

Boston, city of, petitioner. Petition for instructions under the 
will of Benjamin Franklin. Pending. 

Boston, Overseers of the Poor of, v. Attorney-General et al. 
Petition for instructions as to gift to charity under the 
will of David Jeffries. Pending. 

Brown, Harriet L., estate of. Thomas Minns et al. executors. 
Petition for leave to invest trust funds. Attorney- General 
waived right to be heard. 

Cheney, Ednah Dow, estate of. Charles S. Gill et als., execu- 
tors. Petition for instructions. Pending. 

Day, Bertha L., estate of. Salvation Army, petitioner. Petition 
for distribution of trust funds. Pending. 

Dorr, Mary E., estate of. George W. Coleman, petitioner. Peti- 
tion for appointment of trustee. Attorney-General assented 
to petition. 

Echley, Frances Augusta, estate of. Francis P. Bangs, peti- 
tioner. Petition for appointment of trustee. Attorney-Gen- 
eral assented to petition. 

Foster, John McGaw, et al. v. Trustees of Donations, etc., el al. 
Petition for leave to sell real estate held in trust. Pending. 



96 ATTORNEY-GENERAL'S REPORT. [Jan. 

French, Charles E.. estate of. Otis Norcross et al., executors. 
Petition for allowance of first and final account, Attorney- 
General waived right to be heard. 

Gardner, Ellen K v estate of. Herbert L. Boyer, trustee. Peti- 
tion for instructions. Pending. 

Harvard College, President and Fellows of, v. Attorney-General. 
Petition for distribution of trust funds of estate of David 
A. Wells. Pending. 

Lawrence, Charles P.., et al. v. Harvard Church Sunda}'-school 
Corporation. Petition for instructions. Attorne}*-General 
waived right to be heard. 

Mabie, William I., et al. v. Edwin S. Gardner and Attorney- 
General. Petition for instructions regarding a public char- 
itable trust under will of Mary Eedding. Pending. 

Messinger, George W., estate of. Eobert M. Morse, trustee. 
Petition for allowance of first and final account. Attorney- 
General waived right to be heard. 

Old South Society in Boston v. Attorney-General. Petition for 
instructions. Attorney-General waived right to be heard. 

Pierce, Charles Wilder, estate of. Elizabeth Frances Pierce, 
trustee. Petition for instructions: doctrine of cy-pres. 
Pending. 

Potter, Sarah E.. estate of. James E. Dunbar et ah, executors. 
Petition for instructions. Pending. 

Ehoads, Lyman F., estate of. Alfred S. Hall et al.. executors. 
Petition for instructions. Attorney-General waived right 
to be heard. 

Thompson, Thomas, estate of. Laurence Minot et ah. trustees. 
Petition for leave to lease real estate. Attorney-General 
assented to petition. 

Trafton, Israel S., estate of. George Code, petitioner. Petition 
for appointment of trustee. Attorney- General assented to 
petition. 

Walker, Henry A., estate of. Frederick W. Hamilton et "I. 
trustees. Petition for allowance of first account; also for 
appointment of trustee to fill vacancy. Attorney-General 
assented to petition. 

Williams, George H., and Irene, estates of. George W. Fowle 
rt al., trustees. Petition to terminate trust. Attorney- 
General assented to petition. 



1908.] PUBLIC DOCUMENT — No. 12. 97 



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, Eichard W., estate of. Catherine E. Foster et al., execu- 
tors. Petition for instructions. Pending. 

Lincoln, Levi, estate of. American Antiquarian Society, peti- 
tioner. Petition for instructions. Attorney-General waived 
right to be heard. 

Pride, Caroline H., estate of. Leander Sprague, petitioner. 
Petition for instructions as to care of cemetery lot. Pend- 
ing. 



98 ATTORNEY-GENERAL'S REPORT. [Jan 



SUITS CONDUCTED BY THE ATTORNEY-GENERAL 

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. 

Suffolk County. 
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. 

Middlesex County. 
Bullard, Joseph 0., et al. v. Commonwealth. Trial. 
Burns, John, v. Commonwealth. Settled. 
Childs, Eliza M., et al. v. Commonwealth. Settled. 
Daley, Patrick, v. Commonwealth. Settled. 
Farr, Rebecca T., v. Commonwealth. Settled. 
Gibbon. John, v. Commonwealth. Settled. 
Gibbons, Annie L., v. Commonwealth. Settled. 
Gibbons, Frances, v. Commonwealth. Settled. 
Henry Wilson Co-operative Bank v. Commonwealth. Settled. 
Hensby, Mary J., v. Commonwealth. Settled. 



1908.] PUBLIC DOCUMENT — No. 12. 99 

Keating, William E., v. Common wealth. Settled. 

Lewis, Millard E., v. Commonwealth. Settled. 

Middlesex Fells Spring Company v. Commonwealth. Settled. 

Pullen, Lillian F., et al. v. Commonwealth. Settled. 

Sprague, William H., v. Commonwealth. Settled. 

Worcester County. 
Allen, Byron D., v. Commonwealth. Pending. 
Allen, Byron D., v. Commonwealth. Pending. 
Andrews, Henrietta M., v. Commonwealth. Settled. 
Atherton, James H., v. Commonwealth. Settled. 
Ball, Oliver M., administrator, v. Commonwealth. Pending. 
Bancroft, William L., v. Commonwealth. Settled. 
Barnes, Israel L., et al. v. Commonwealth. Settled. 
Bartlett, Asenath M., v. Commonwealth. Pending. 
Bigelow, James A., v. Commonwealth. Pending. 
Bradley, Patrick, v. Commonwealth. Pending. 
Brigham, William H., v. Commonwealth. Pending. 
Burgess, Thomas H., v. Commonwealth. Pending. 
Chase, George EL, v. Commonwealth. Settled. 
Cutting, Lonis, administrator, v. Commonwealth. Pending. 
Dix, J. Qnincy, v . Commonwealth. Settled. 
Farnsworth, John E., v. Commonwealth. Settled. 
First Parish of Boylston v. Commonwealth. Settled. 
Fitzgerald, John, v. Commonwealth. Pending. 
Fuller, Willis A., v. Commonwealth. Pending. 
Fyfe, Mary J., v. Commonwealth. Pending. 
Fyfe, Mary J., executrix, v. Commonwealth. Pending. 
Gray, Lizzie M., v. Commonwealth. Settled. 
Haskell, William B., v. Commonwealth. Settled. 
Hastings, George E., v. Commonwealth. Pending. 
Hastings, Mary J., executrix, v. Commonwealth. Pending. 
Hastings, Mary J., executrix, v. Commonwealth. Pending. 
Hastings, William H., v. Commonwealth. Pending. 
Haynes, Henry F., v. Commonwealth. Settled. 
Haynes, Sarah C, v. Commonwealth. Settled. 
Houghton, Eobert C, et al. v. Commonwealth. Pending. 
Houghton, Eobert C, et al. v. Commonwealth. Pending. 
Houghton, Eobert C, et al. v. Commonwealth. Pending. 
Hyde, Henry J., v. Commonwealth. Pending. 
Johnston, Eobert, v. Commonwealth. Pending. 



100 



ATTORNEY-GENERAL'S REPORT. 



[Jan 



Johnston, Robert, v. Commonwealth. Pending. 

Joyce, Bridget M., v. Commonwealth. Pending. 

Kendall, Everett, et at. v. Commonwealth. Pending. 

Kendall, Sanford C, v. Commonwealth. Pending. 

Keyes, Henry F., v. Commonwealth. Pending. 

Kirb} T , Xellie M., v. Commonwealth. Pending. 

Lamb, Aroline M., v. Commonwealth. Pending. 

Land}', Chas. C, v. Commonwealth. Pending. 

Longley, Olive E., executrix, v. Commonwealth. Pending. 

Mann, Eben C, v. Commonwealth. Settled. 

bourse, Andrew L., v. Commonwealth. Settled. 

O'Brien, John F., v. Commonwealth. Pending. 

Ott, John S., v. Commonwealth. Pending. 

Plummer, George M., v. Commonwealth. Pending. 

Prescott, Martha E., v. Commonwealth. Settled. 

Rosenthal, William C, v. Commonwealth. Settled. 

Shattuck, George W., v. Commonwealth. Pending. 

Stone, Henry B., v. Commonwealth. Settled. 

Stone, Howard D., v. Commonwealth. Settled. 

Stone, Howard D., v . Commonwealth. Settled. 

Stone, John E., v. Commonwealth. Settled. 

Taylor, Jennie W., administratrix, v. Commonwealth. Pending. 

Tonry, Margaret F., v. Commonwealth. Settled. 

Tyson, Caroline E., v. Commonwealth. Settled. 

Welch, James E., v. Commonwealth. Pending. 

Whiting, Alfred N., v. Commonwealth. Settled. 

TTillard, Luther, v. Commonwealth. Settled. 

Wood, John H., v. Commonwealth. Pending. 

Wood, J. Frank, et ah. v. Commonwealth. Pending. 

AVood, J. Frank, et als. v. Commonwealth. Pending. 

Wood, Lucy A., v. Commonwealth. Pending. 

Worcester, County Commissioners of, v. Commonwealth. Settled. 

Worcester, County Commissioners of, v. Commonwealth. Settled. 

Wright, Xahum W., executor, 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. Lender agreement with the Common- 
wealth most of these cases are defended by the various towns in 
which the land is situated. 



1908.] PUBLIC DOCUMENT — No. 12. 101 

Barnstable County. 
Crowell, Thomas EL, v. Commonwealth. Continued. 

Berkshire County. 
Coleman, Martin W., v. Commonwealth. Settled. 

Bristol County. 
Branco, Manuel J. de Silvia, v. Commonwealth. Settled. 
Chase, Alice P., v. Commonwealth. Settled. 
Cummings, Bertrand N., v. Commonwealth. Settled. 
Dary, Everett T., et al. v. Commonwealth. Settled. 
Lincoln, Benjamin A., v. Commonwealth. Pending. 
Lincoln, Edward T., administrator, v. Commonwealth. Settled. 
Norris, Joseph EL, v. Commonwealth. Settled. 
Paling, John E., v. Commonwealth. Settled. 
Seabury, Phoebe W., v. Commonwealth. Pending. 
Silvia, Joseph M., v. Commonwealth. Settled. 
Talbot, Joseph, v. Commonwealth. Pending. 
Thornley, Thomas B., v. Commonwealth. Settled. 
Walker, Herbert N., administrator, v. Commonwealth. Settled. 

Essex County. 
Boston & Maine Eailroad Company v. Commonwealth. Pending. 
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. Settled. 

Middlesex County. 
Barnes, George EL, v. Commonwealth. Settled. 
Barnes, William, 2d, v. Commonwealth. Settled. 

Plymouth County. 
Daly, Julia M., v. Commonwealth. Settled. 

Worcester County. 
Hill, Everett, v. Commonwealth. Pending. 
Merriam, Harriet M., v. Commonwealth. Pending. 
Sullivan, Kate, v. Commonwealth. Pending. 
Warren, Alice E. M., v. Commonwealth. Pending. 



102 ATTORNEY-GENERAL'S REPORT. [Jan. 



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. 

Suffolk 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. Settled. 
Proctor, George 0., v. Commonwealth. Pending. 
Ricker, Hazen E., et als. v. Commonwealth. Settled. 

Suffolk County. 
Abbott, Ellen M., v. Commonwealth. Pending. 
Abbott, Katherine M., v. Commonwealth. Pending. 
Allen, Henry F., v. Commonwealth. Pending. 
Allen, Henry F., v. Commonwealth. Pending. 
Apthorp, Octave L., v. Commonwealth. Pending. 
Barstow, Catherine A., v. Commonwealth. Pending. 
Bartlett, Schuyler S., et al. v. Commonwealth. Pending. 
Beal, Elizabeth S., v. Commonwealth. Pending. 
Beal, Thomas P., et al., trustees, v. Commonwealth. Pending. 
Bowditch, Alfred, et al., trustees, v. Commonwealth. Pending. 
Brown, Rebecca W., et al. v. Commonwealth. Pending. 
Case, Laura L., v. Commonwealth. Pending. 
Coolidge, Julia, v. Commonwealth. Pending. 
Cotting, Charles E., et al., trustees, v. Commonwealth. Pending. 
Edmands, Katherine B., v. Commonwealth. Pending. 
Fields, Anna, v. Commonwealth. Pending. 
Freeman, Caroline S., v. Commonwealth. Pending. 
Goddard, George A., v. Commonwealth. Pending. 
Hall, Harry S., v. Commonwealth. Pending. 
Heaton, Robert C, et al. v. Commonwealth. Pending. 
Higginson, Henry L., et al. v. Commonwealth. Pending. 



1908.] PUBLIC DOCUMENT — No. 12. 103 

Homans, Helen A., v. Commonwealth. Pending. 

Home for Aged Women v. Commonwealth. Pending. 

Hooper, James R., v. Commonwealth. 

Hooper, Robert C, et ah v. Commonwealth. Pending. 

Hopkins, Georgiana, v. Commonwealth. Pending. 

Hunneman, Carleton, v. Commonwealth. Pending. 

Hutchins, Edward W., v. Commonwealth. Pending. 

Inches, Louise P., v. Commonwealth. Pending. 

Jackson, Frances E., v. Commonwealth. Pending. 

Jewell, Edward, v. Commonwealth. Pending. 

Loring, Mary H., et ah, trustees, v. Commonwealth. Pending. 

Mann, Jonathan H., et ah v. Commonwealth. Pending. 

Massachusetts Charitable Eye and Ear Infirmary v. Common- 
wealth. Pending. 

Massachusetts Charitable Eye and Ear Infirmary v. Common- 
wealth. Pending. 

McClure, Maria M., v. Commonwealth. 

Means, Helen G., v. Commonwealth. Pending. 

Meyer, Heloise, v. Commonwealth. 

Moseley, Helen C, v. Commonwealth. Pending. 

Niles, Sarah P., et ah v. Commonwealth. Pending. 

Paine, Robert Treat, trustee, v. Commonwealth. Pending. 

Parker, George W., et ah v. Commonwealth. Pending. 

Parkinson, John, v. Commonwealth. Pending. 

Parkman, Henry, et ah v. Commonwealth. Pending. 

Pierce, Katherine C, v. Commonwealth. Pending. 

Pierce, Wallace L., v. Commonwealth. Pending. 

Prince, Fannie L., v. Commonwealth. Pending. 

Prince, Lillian C, v. Commonwealth. Pending. 

Putnam, Harriet L., v. Commonwealth. Pending. 

Richardson, Margaret W., v. Commonwealth. Pending. 

Sears, Mary C, v. Commonwealth. Pending. 

Sears, Richard D., v. Commonwealth. Pending. 

Sears, Ruth W., v. Commonwealth. Pending. 

Shattuck, Frederick C, et ah v. Commonwealth. Pending. 

Shattuck, George B., v. Commonwealth. Pending. 

Shaw, Francis, v. Commonwealth. Pending. 

Skinner, Francis, v. Commonwealth. Pending. 

Sleeper, Maria W., v. Commonwealth. Pending. 

Stackpole, Martha P., v. Commonwealth. Pending. 

Stanton, Esther H., v. Commonwealth. Pending. 

Sullivan, Richard, v. Commonwealth. Pending. 



104 ATTORNEY-GENERAL'S REPORT. [Jan 

Tarbell, Arthur P., et al. v. Commonwealth. Pending. 
Taylor, Georgianna 0., v. Commonwealth. Pending. 
Taylor, Mary M., v. Commonwealth. Pending. 
Ware, Mary L., v. Commonwealth. Pending. 
Whitney, Christiana S., et al. v. Commonwealth. Pending. 
Wigglesworth, George, et al., trustees, v. Commonwealth. Pend- 
ing. 
Williams, John D., trustee, v. Commonwealth. Pending. 
Williams, Ralph B., v. Commonwealth. Pending. 

6. Mt. Tom State Reservation. 
Hampshire County. 
Colton, George S., v. Commonwealth. Pending. 



Bristol County. 
Chace, Charles A., trustee, v. Commonwealth et als. Action of 
tort for damages caused by defects in State highway. Pend- 
ing. 

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 af- 
flicted with a contagious disease. Pending. 

Xewton 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 ah, Commonwealth v. Action 
of contract to recover on bond. Pending. 



1908.] PUBLIC DOCUMENT — No. 12. 105 



Suffolk County. 

American Bridge Company v. Commonwealth. Action of con- 
tract to recover for materials furnished in construction of 
park work. Pending. 

Atkins, Florence B., Commonwealth v. Bill in equity in regard 
to violation of building restrictions imposed by Metropol- 
itan Park Commission. Pending. 

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. 

Davis, James A., et al. v. Commonwealth et al. Petition to re- 
cover for labor and materials used in construction of sewer. 
Pending. 

Doherty, James, v. Edward W. Everson et al. and Metropolitan 
Water and Sewerage Board. Action of tort. Damages 
caused by blasting. Pending. 

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 furnished by defendant. Settled. 

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. Settled. 

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 Eegistration in Medicine. 
Bill in equity to enjoin Board from revoking certificate. 
Pending. 

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. 

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- 



106 ATTORNEY-GENERAL'S REPORT. [Jan. 

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. Dis- 
posed of. 

Natick, Commonwealth v. To recover for use of water of Lake 
Cochituate. Pending. 

Newell, Emma G., et al. v. Edward W. Everson et al. Petition 
to recover for damages to property caused by the laying out 
of boulevard in Revere. Commonwealth has funds of con- 
tractor. Pending. 

Niland, Michael, v. 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 expended by petitioner. Pending. 

Raddin, Hiram A., et al,, Commonwealth v. Bill in equity in 
regard to violation of building restrictions imposed by Met- 
ropolitan Park Commission. Pending. 

Thomas, Lyman 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. Disposed of. 



1908.] PUBLIC DOCUMENT — No. 12. 107 

Urquhart, Edwin N., v. Metropolitan Water and Sewerage Board 
et al. Action of tort. Damage caused by use of impure 
water furnished by defendant. Disposed of. 

Urquhart, N. Jefferson, v. Metropolitan Water and Sewerage 
Board et al. Action of tort. Damage caused by impure 
water furnished by the defendant. Disposed of. 

Williams, Frank, v. Commonwealth. Claim for damages for in- 
terference with carrying out of contract. Pending. 

Worcester County. 
Walls, C. W., v. Commonwealth. Petition to recover for work 
performed on Worcester Insane Hospital. Settled. 

8. State Board of Charity. 
Actions of contract pending in the Superior Court to recover 
charges for the support of insane paupers in State insane hos- 
pitals, under the provisions of R. L., c. 87. 

Essex County. 
Chapin, Treasurer, v. Caroline D. Tarr. Discontinued. 

Middlesex County. 
Commonwealth v. Wayland. Settled. 

Suffolk County. 
Bradford, Treasurer, v. Winchester. Pending. 
Bradford, Treasurer, v. Waltham. Pending. 
Bradford, Treasurer, v. Waltham. Pending. 
Chapin, Treasurer, v. Boston. Settled. 
Chapin, Treasurer, v. Greenfield. Settled. 
Chapin, Treasurer, v. Kelly. Settled. 
Chapin, Treasurer, v. Lowell. Settled. 
Chapin, Treasurer, v. McCurdy. Settled. 
Chapin, Treasurer, v. McGonagle. Pending. 
Chapin, Treasurer, v. Quincy. Settled. 
Chapin, Treasurer, v. Somerville, City of. Settled. 
Chapin, Treasurer, v. Weymouth. Settled. 
Chapin, Treasurer, v. Woodward. Settled. 
Commonwealth v. Cambridge. Settled. 
Chapin, Treasurer, v. Woburn. Pending. 
Chapin, Treasurer, v. Winchester. Pending. 
Phillips, Treasurer, v. Worcester. Pending. 



108 ATTORNEY-GENERAL'S REPORT. [Jan. 



MISCELLANEOUS CASES. 



American Birth Insurance Company, Attorney- General ex rel. v. 
Petition for appointment of receiver. F. W. Dallinger ap- 
pointed receiver. 

American Credit Indemnity Company, Attorney-General ex rel. 
v. Violation of St. 1907, c. 576. Decree. 

American Glue Company v. Commonwealth. Petition to recover 
tax alleged to have been unlawfully assessed. Eescript of 
full court. 

American Insurance Company, Insurance Commissioner v. Pe- 
tition for injunction and receiver. Injunction issued. 
Pending. 

American Legion of Honor, Supreme Council, Attorney-General 
ex rel. v. Petition for injunction and receiver under E. L., 
c. 119. Henry A. Wyman appointed receiver. Pending. 

American Soda Fountain Company. Attorney-General ex rel. v. 
Dumping material into tide water. Pending. 

American Writing Paper Company et ah, Attorney-General v. 
Petition for an injunction to restrain respondents from 
dumping material into tide water. Discontinued as to 
American Writing Paper Company. Pending. 

Atlas Mutual Insurance Company, Frederick L. Cutting, Insur- 
ance Commissioner, v. Petition for injunction and receiver. 
Franklin T. Hammond appointed receiver. Pending. 

Baldwin. Walter H.. et ah. 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. 

Barker. Forrest E., et al. v. Haverhill Gas Light Company. Pe- 
tition for injunction to restrain company from business 
until compliance with order of Gas Commission. Pending. 

Bent, Herbert A., deputy game commissioner, v. Game. Libel 
for forfeiture of game seized by Fish and Game Commis- 
sioners. Decree. 



1908.] PUBLIC DOCUMENT — No. 12. 109 

Binney, Henry P., v. Commonwealth. Damages caused by 
change of grade of Mt. Vernon Street. Pending. 

Blake, Martha L., v. Commonwealth. Petition to Superior 
Court for damages caused by lowering the grade of Bow- 
doin Street. Pending. 

Boston v. Commonwealth. Sewer assessment on Rutherford 
Avenue, Charlestown. Pending. 

Boston & Albany Railroad Company, petitioners. Petition to 
take land in Natick for additional tracks. Pending. 

Boston & Gloucester Steamboat Company v. Commonwealth. 
Petition to recover taxes paid Commonwealth, alleged to be 
wrongfully assessed. Rescript of full court. 

Boston & Gloucester Steamship Company v. Commonwealth. 
Petition to recover 1906 corporation tax claimed to have 
been illegally assessed, and paid under protest. Decree. 

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. Shel- 
don appointed receiver. Pending. 

Boston Elevated Railway Company v. Treasurer and Receiver- 
General. Petition to recover bonds deposited under St. 
1894, c. 548. Pending. 

Boston Elevated Railway Company v. Commonwealth. Petition 
to recover tax paid to Commonwealth under protest. Pend- 
ing. 

Boston Junk Collectors Association, Incorporated, Attorney- 
General ex rel. v. Information for failure to comply with 
R. L., c. 119, § 14. Enjoined. 

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. 
Decree. 

Bourne, Orrin C, deputy game commissioner, v. Game. Libel 
for forfeiture of game seized by Fish and Game Commis- 
sioners. Decree. 

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. 

Brennan, James M., v. Charles E. Woodbury, Superintendent. 
Action of tort for personal injuries. Pending. 



110 ATTORNEY-GENERAL'S REPORT. [Jan. 

Bryne, Andrew W., et ah. v. Commonwealth et al. Petition to 
recover money in hands of Commonwealth. Pending. 

Burr, Arthur E., trustee in bankruptcy, v. Massachusetts School 
for the Feeble-minded. Action of contract. Pending. 

Burr, Arthur E., trustee, v. Commonwealth. Action to recover 
money held by Commonwealth, and belonging to H. P. 
Cummings Company. Pending. 

Chapin, Arthur B., Treasurer and Receiver- General, v. William 
W. Risk. Appeal from decree of Probate Court. Decree. 

Cheney, Ansel J., v. James O'Doherty. Bill in equity to enjoin 
respondent for violation of building laws in construction 
of schoolhouse in Haverhill. Pending. 

Cheney, Fred A., et al., Aldermen of Chelsea, v. Forrest E. 
Barker et al., Board of Gas and Electric Light Commission- 
ers. Petition for writ of certiorari. Pending. 

Collins, Joseph W., et al. v. James B. Hamblin. Petition to re- 
quire the respondent to construct a fish way in dam on 
Acushnet River. Pending. 

Colonial Life Association, Attorney-General v. Petition for in- 
junction and appointment of a receiver. Henry A. Wyman 
appointed receiver. Pending. 

Columbian National Life Insurance Company v. Common- 
wealth. Petitions for abatement of franchise tax paid in 
1903, 1904, 1905 and 1906. Pending. 

Commonwealth of Massachusetts v. City of Boston et ah. Supe- 
rior Court, Suffolk County. Settled. 

Commonwealth v. City of Worcester. To recover for land taken 
from the Commonwealth. Pending. 

Commonwealth v. Everett W. Raddin. Revere Beach restric- 
tions. Pending. 

Connecticut Valley Street Railway Company, McClintock, Wil- 
liam E., et al. v. Petition for writ to compel obedience 
with order of Massachusetts Highway Commission. Pend- 
ing. 

Cotting, Charles E.. et al., trustees of Boston Real Estate Trust, 
v. Commonwealth. Petition to recover money paid as bet- 
terments on land sold by Commonwealth. Pending. 

Cotting, Charles E., et al. v. Commonwealth. Petition to re- 
cover sewer assessment. Pending. 

Crean, William, v. Commonwealth. Writ of error, alleged un- 
lawful sentence by Supreme Court. Plaintiff in error non- 
suited. 

Cushing, Lawrence B.. et al. v. Commonwealth. Petition to Su- 



1908.] PUBLIC DOCUMENT — No. 12. Ill 

perior Court for damages caused by widening Bowdoin 
Street. Pending. 

Eagle Life Association, Attorney-General ex rel. v. Petition for 
an injunction and the appointment of a receiver. Injunc- 
tion issued, and Alfred F. Lilley, Esq., appointed receiver. 
Pending. 

East Boston Company, petitioner, v. Commonwealth. Appeal 
from decree of Court of Land Begistration. Pending. 

East Boston Company, petitioner. Petition to Court of Land 
Begistration for registration of title to petitioner's land. 
Pending. 

Ellis, George H., Attorney-General ex rel. Harbor and Land 
Commissioners v. Information in the Supreme Judicial 
Court for Middlesex County to protect the waters of a great 
pond under St. 1888, c. 318. Pending. 

Family Protective Union, Attorney- General ex rel. v. Petition 
for injunction and appointment of receiver. Injunction 
issued, and Albert H. Chamberlain appointed receiver. 
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 distrib- 
uted without authority of law. Injunction issued. De- 
fendant recovered its capital stock and deposited it with the 
International Trust Company, as trustee. Pending. 

Fottler, Lucy Ann, et at. v. Commonwealth. Petition to Supe- 
rior Court for damages caused by lowering grade of Bow- 
doin Street. Pending. 

George H. Sampson Company v. Commonwealth et als. Bill of 
complaint. Pending. 

George H. Sampson Company v. Commonwealth and William 
H. Mague. Settled. 

George H. Wood Company, Attorney-General v. Petition for an 
injunction to restrain respondent from dumping material 
into tide water. Pending. 

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 appoint- 
ment of a receiver. Injunction granted, and Henry A. 
Wyman appointed receiver. Pending. 

Golden Bule Alliance, Attorney-General ex rel. v. Petition for 



112 ATTORNEY-GENERAL'S REPORT. [Jan. 

an injunction and the appointment of a receiver. Injunc- 
tion issued, and William H. Preble appointed receiver. 
Pending. 

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 re- 
ceiver. Pending. 

Hadley Water Supply District, Commonwealth v. Taking of 
land of the Commonwealth at Hadley. Settled. 

Hamlin, Huybertie Pruyn, petitioner. Petition to the Court of 
Land Registration to register the title to land in Mattapoi- 
sett. Disposed of. 

Hampden Trust Company, Commonwealth of Massachusetts v. 
Petition for injunction and receiver. Injunction issued, 
and Wm. W. McClench and Henry H. Bosworth made 
permanent receivers. Pending. 

Hampshire Savings Bank, Savings Bank Commissioners v. Pe- 
tition to the Supreme Judicial Court for Suffolk County 
for an injunction and the appointment of a receiver. In- 
junction 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., appointed 
receiver. 

Hanson & Parker, Limited, v. Commonwealth. Petition to re- 
cover from Commonwealth amount of tax alleged to be 
unlawfully assessed. Pending. 

Hanson, Lydia W., v. Commonwealth. Petition for damages 
caused by lowering grade of Bowdoin Street. Pending. 

Haverhill Gas Light Company v. Gas and Electric Light Com- 
missioners et aJ. 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. 

Healey, J. Edward, v. Commonwealth. Petition under statute 
to recover money due plaintiff. Settled. 

Hersey, Albert A., v. Commonwealth et al. Bill to restrain 
Commonwealth from paying out money in its hands for 
construction of north metropolitan sewer system. Pending. 

Hogan, James, v. Commonwealth. Petition to recover for mate- 
rials furnished to contractor in construction of boulevard 
in Quincv. Pending. 



1908.] PUBLIC DOCUMENT — No. 12. 113 

Industrial Casualty Company, Attorney-General ex rel. v. Pe- 
tition for injunction and receiver. Jeremiah Smith, Jr., 
appointed receiver. Pending. 

International Automobile and Vehicle Tire Company v. Com- 
monwealth. Petition for damages to petitioner's property 
caused by change of east branch of Charles Eiver by Park 
Commission. Pending. 

Interstate Consolidated Street Eailway Company v. Common- 
wealth. Petition for writ of error. Mandate of Supreme 
Court of United States. 

Kennedy, George C, et al., Bradford, Treasurer, v. Claim for 
tide-water displacement. Pending. 

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. 

La Moss, 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. 

Lunt, William F., v. Commonwealth. Damages to horse on 
State highway. Pending. 

Lyons, Walter S., v. Commonwealth. Bill of complaint to re- 
cover for work done on Foxborough State Hospital from 
funds held by the Commonwealth. Pending. 

Massachusetts Masonic Life Association, Attorney-General ex 
rel. Insurance Commissioner v. Petition to the Supreme 
Judicial Court for Suffolk County for an injunction and a 
receiver under St. 1896, c. 515, § 6. Injunction issued, 
and Jonathan Barnes, Esq., of Springfield, appointed re- 
ceiver. Pending. 

McQuesten, George, petitioner. Petition to the Court of Land 
Registration to register title to land in Marblehead. Pend- 
ing. 

Melrose Mutual Fire Insurance Company, Insurance Commis- 
sioner v. Petition to the Supreme Judicial Court for Suf- 
folk 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. 

Moneyweight Scale Company v. Daniel C. Palmer et al. Bill 



114 ATTORNEY-GENERAL'S REPORT. [Jan. 

to restrain defendants from condemning scales under St. 
1907, c. 53+. 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. Disposed of. 

Mulhern, Daniel. Petition of Attorney-General to withdraw 
money deposited in East Cambridge Savings Bank for 
benefit of Daniel Mulhern. Decree. 

Murphy, William J. B., v. Commonwealth. Petition to recover 
for services rendered while in the employ of the Census 
Bureau. Disposed of. 

Mutual Benefit Life Insurance Company v. Frank H. Hardison, 
Insurance Commissioner. Petition for review under St. 
1907, c. 576, § 75. 

Mystic Wharf and Storage Company, Attorney-General v. Pe- 
tition for an injunction to restrain respondent from dump- 
ing material into tide water. Settled. 

National Assurance Company of Ireland v. Commonwealth. 
Bill to terminate trust. Settled. 

National Contracting Company v. Commonwealth. Petition to 
recover under R. L., c. 201. Pending. 

New England & Savannah Steamship Company v. Common- 
wealth. Bill in equity to recover amount of corporation 
tax paid under protest. Rescript of full court. 

New England & Savannah Steamship Company v. Common- 
wealth. Petition to recover corporation tax, paid under 
protest. Decree. 

New England Commercial Travelers Association, Attorney-Gen- 
eral ex rel. v. Petition for injunction and appointment of 
a receiver. Injunction issued, and Guy Murchie appointed 
receiver. 

Now England Maple Syrup Company v. Henry P. Walcott et als. 
Bill in equity for an injunction. Pending. 

New York, New Haven & Hartford Railroad Company, Attor- 
ney-General v. Pending. 

New York, New Haven & Hartford Railroad Company, Attor- 
ney-General ex rel. Commissioner of Corporations v. Pend- 
ing. 

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. 



1908.] PUBLIC DOCUMENT — No. 12. 115 

Peterson, Joseph N., et al., Armory Commissioners, v. John 
Meaney et al. Pending. 

Porter, Eose M., v. Frank H. Hardison. Action of tort. Pend- 
ing. 

Preferred Mercantile Company, The, Commonwealth v. Peti- 
tion for appointment of a receiver. Burton P. Gray ap- 
pointed receiver. Pending. 

Provident Securities and Banking Compan}^ Commissioners of 
Savings Banks v. Petition for appointment of receiver 
under St. 1902, c. 463. Alfred S. Hall and Charles F. 
AYeed appointed custodians of property of the corporation. 

Kaboin, Israel, executor, v. Louis Eaboin, Jr., et al. Appeal 
from decree of Probate Court, allowing will of Louis 
Eaboin, Sr. Pending. 

Busso, Michele, v. Arthur B. Chapin, Treasurer and Eeceiver- 
General. Petition to cancel bond given under St. 1905, 
c. 428. Eescript of full court. 

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. 

Snow, Frank E., v. Elbridge J. Whitaker. Bill in equity. 
Pending. 

South Shore Masonic Mutual Belief 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. Pend- 
ing. 

Strauss, Abe, v. Commonwealth. Petition for writ of error from 
United States Supreme Court. Mandate of Supreme Court 
of United States. 

Strout, Edward E., et al., trustees of Little Nahant Land Com- 
pany, v. Albert E. Turner et al. Petition to the Court of 
Land Eegistration to register the title to land in Nab ant. 
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 Commis- 
sioner v. Petition to the Supreme Judicial Court for Suf- 



116 ATTORNEY-GENERAL'S REPORT. [Jan. 

folk Count}', under St. 1895, c. 340, for an injunction and 
the appointment of a receiver. Injunction issued, and 
Oscar Storer, Esq., of Boston, appointed receiver. Pend- 
ing. 

Taunton Safe Deposit and Trust Company, Commonwealth of 
Massachusetts v. Petition for injunction and appointment 
of receiver. Frederick S. Hall appointed receiver. 

Templeton Street Railway Company, Massachusetts Highway 
Commission v. Petition in equity to compel compliance 
with orders of board changing location of tracks of said 
company. Disposed of. 

Titcomb, George H., v. Cape Cod Ship Canal Company, George 
A. Harden, Treasurer, et al. Petition for injunction to re- 
strain the Treasurer of the Commonwealth from the pay- 
ment 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. 

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. 

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. 
Petition for injunction and receiver. Charles F. Choate, 
Jr., and Samuel W. HcCall appointed receivers. Pending. 

Wardwell, Walter C, Mayor of Cambridge, v. James F. Jack- 
son et al., Railroad Commissioners. Bill in equity. Pend- 
ing. 

Wardwell, Walter C, Mayor of Cambridge, v. James F. Jack- 
son et al., Railroad Commissioners. Writ of prohibition, 
subway stations. Pending. 

Webster & Dudley Street Railway Company, Attorney-General 
v. Pending. 

Welch, William J., v. Hosea M. Quinby, superintendent. Ac- 
tion of tort. Pending. 

Weld, Charles G., v. Board of Gas and Electric Light Commis- 
sioners. Petition for writ of certiorari to require said board 
to certify its record to the Supreme Judicial Court. Pend- 
ing. 



1908.] PUBLIC DOCUMENT ~ No. 12. 117 

Wenham Mutual Benefit Association, Attorney-General ex rel. v. 
Information for failure to comply with B. L., c. 119, § 14. 
Pending. 

Westborough Insane Hospital, Trustees of, v. Daniel A. Dorey 
et al. Petition to recover for breach of contract. Pending. 

Whitaker, Elbridge J., v. Frank E. Snow. Bill in equity. 
Pending. 

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 Lawrence, appointed receiver. Pending. 

Willard, Joseph, ct al., trustees, Commonwealth v. Gas and Elec- 
tric Light Commissioners' tax for 1905. Settled. 

Worcester & Webster Street Bailway Company, Attorney-Gen- 
eral v. Pending. 



118 



ATTORNEY-GENERAL'S REPORT. 



[Jan 



COLLECTIONS. 



Collections have been made by this department as follows : — 

Corporation taxes for the year 1906, overdue and referred 
by the Treasurer of the Commonwealth to the Attorney- 
General for collection, ...... $85,117 39 

Interest, 1,076 11 

Costs, 1,485 22 

Miscellaneous, ........ 32,962 35 



Total, $120,641 07 

The following table shows a detailed statement of the same : — 



Collected on 

Account 

of Corporation 

Tax for 1906. 



Interest. 



A. B. & E. L. Shaw Company, 
A. H. Demond Company, . 
A. P. Nardini Company, 
Airedale Mills Company, 
Albert Champion Company, 
Albert Russell & Sons Company, 
Aldis Owen Hall's System of Busi- 
ness Enterprise, Incorporated, 
Alley & Emery, Incorporated, 
Ambler & Hobart Company, 
American Electric Sign Com 

pany, .... 
American Fuel Saving Company 
American Glue Company, . 
American Lock Nut Company, 
American Mosaic Company, 
Arthur C. Harvey Company, 
Asa R. Minard & Co., Incorpo 

rated, .... 
Atlantic Tea Company, 
Atlas Fiber Company, 
Austin Ford & Son Company, 
Bacon & Donovan Engine Com 

pany, .... 
Barker Lumber Company, . 



$789 51 


50 40 


84 35 


1,340 84 


84 35 


45 45 


8 68 


5S5 38 


443 03 


10 12 


86 88 


1,535 62 


19 43 


9 61 


1,341 16 


42 51 


75 91 


186 59 


92 78 


189 78 


285 10 



$10 15 

25 

2 61 

12 51 

84 

27 

06 
16 97 
24 36 

10 

60 

103 82 

OS 
8 04 

1 48 
73 

2 18 



95 
1 53 



Totals. 



$799 66 
50 65 

86 96 
1,353 35 

85 19 
45 72 

8 74 
602 35 
467 39 

10 22 

87 48 
11,639 44 

19 43 

9 69 
1,349 20 

43 99 
76 64 

188 77 
92 78 

190 73 
286 63 



1908.] 



PUBLIC DOCUMENT — No. 12. 



119 





Collected on 








Account 
of Corporal ion 


Interest. 


Totals. 




Tax for 1906. 






Barnett Drop Forging Company, 


$220 99 


$1 23 


$222 22 


Bay State' Improved Box Com- 








pany, 


167 01 


90 


167 91 


Beacon Loan Company, 


41 93 


1 39 


43 32 


Belmont Coal Company, 


101 22 


3 44 


104 66 


Bentley Optical Company, 


10 79 


- 


10 79 


Beverly Chemical and Supply 








Company, .... 


10 32 


05 


10 37 


Blair Light Company, 


259 89 


13 77 


273 66 


Blake, Scott & Lee Company, 


236 65 


1 18 


237 83 


Bond & Bond Company, 


143 39 


1 29 


144 68 


Boston Book Company, 


1,265 25 


22 77 


1,288 02 


Boston Cycle and Sundry Com- 








pany, ..... 


506 10 


2 60 


508 70 


Boston Elevated Railway Com- 








pany, 


3,316 09 


93 94 


3,410 03 


Boston Leather Trimming Com- 








pany, 


15 18 


15 


15 33 


Boston Mirror Company, . 


89 41 


2 56 


91 97 


Boston Wire and Art Metal Com- 








pany, 


29 52 


- 


29 52 


Breck Rubber Company, . 


67 48 


60 


68 08 


Brockton Beef Company, . 


50 61 


50 


51 11 


Builder's Iron and Steel Company, 


52 29 


26 


52 55 


Butman & Cressey Company, 


208 78 


2 00 


210 78 


Button Lumber Company, 


13 15 


06 


13 21 


C. C. Harvey Company, 


1,155 29 


10 97 


1,166 26 


C. E. Woodward Company, Incor- 








porated, .... 


195 69 


2 15 


197 84 


Charles A. Hall Company, . 


16 19 


- 


16 19 


Charles F. Mulliken Oil Company, 


16 19 


14 


16 33 


Charles J. Jacobs Company, 


84 35 


4 04 


88 39 


Child Acme Cutter and Press Com- 








pany, ..... 


126 52 


5 95 


132 47 


Citizens Loan Association, . 


312 09 


3 36 


315 45 


Clapp & Abercrombie Company, . 


45 46 


45 


45 91 


Clark Publishing Company, 


87 92 


3 07 


90 99 


Clifford Barber Supplies Com- 








pany, 


10 12 


47 


10 59 


Cluett, Peabody & Co., Incorpo- 








rated, ..... 


820 53 


8 20 


828 73 


Cobb Eastman Company, . 


1,075 46 


8 00 


1,083 46 


Coffin Valve Company, 


471 51 


2 20 


473 71 


Corporation Security Company, . 


42 17 


1 31 


43 48 


Crawford Printing Company, 


5 22 


03 


5 25 


Credit Mens Agency, Incorpo- 








rated, ..... 


103 ,24 


3 61 


106 85 


Crown Dyeing Company, . 


230 27 


2 30 


232 57 


Cumberland Dock and Storage 








Company, .... 


43 52 


1 30 


44 82 



120 



ATTORNEY-GENERAL'S REPORT. 



[Jan 





Collected on 








Account 
of Corporation 


Interest. 


Totals. 




Tax for 1906. 






Curtis & Moore Company, . 


$460 41 


$20 25 


$480 66 


D. F. O'Connell Company, . 


289 40 


3 95 


293 35 


D. H. Eames Company, 


421 75 


1 75 


423 50 


D. W. Hunt Company, Incorpo- 








rated, ..... 


84 35 


3 40 


87 75 


Devonshire Carpet Cleaning Com- 








pany, 


12 48 


07 


12 55 


Dill Cattle Company, 


240 00 


6 72 


246 72 


Dillon Machine Company, . 


548 27 


5 48 


553 75 


Dunton Printing Company, 


91 51 


73 


92 24 


E. A. Hale Company, 


168 70 


8 09 


176 79 


E. J. Salisbury Company, . 


113 02 


3 84 


116 86 


E. L. Blake Company, 


8 09 


08 


8 17 


E. L. M. Auto Company, 


16 02 


16 


16 18 


Eastern Furniture Company, 


42 51 


- 


42 51 


Eastern Grocery Company, 


134 oo 


65 


135 20 


Edwin Hawes Company, 


134 96 


84 


135 80 


Empire Express Company, 


14 17 


49 


14 66 


Essex Supply Company, 


168 70 


84 


169 54 


Excelsior Laundry Company, 


253 05 


6 83 


259 88 


F. A. Clark Company, 


101 22 


4 75 


105 97 


F. C. Maude Company, 


253 05 


' 11 00 


264 05 


F. S. McDermott Company, 


50 61 


25 


50 86 


Family Grocery Company, 


50 61 


25 


50 86 


Fashion Stores Company, . 


90 44 


4 88 


95 32 


Federal Metallic Packing Com- 








pany, ... 


78 44 


3 40 


81 84 


Fellner Company, 


84 50 


- 


84 50 


Ferris ' Wheel Amusement Com- 








pany, Incorporated, 


16 87 


56 


17 43 


Figaret Chemical Company, 


30 36 


19 


30 35 


Foreign Language Press Company, 


227 74 


7 97 


235 71 


Frank A. Andrews Company, . 


129 56 


4 14 


133 70 


Fred S. & A. D. Gore Corporation, 


84 35 


93 


85 28 


Frye & Crawford Drug Company, 


30 36 


15 


30 51 


G. F. Frost Coal Company, 


214 18 


2 14 


216 32 


Gardner Gas, Fuel and Light 








Company, .... 


48 33 


47 


48 80 


Gardner, Westminster & Fitch- 








burg Street Railway Company, 


291 00 


- 


291 00 


Geddis Remedy Company, 


33 74 


33 


34 07 


General DeGreasing Company, 


69 16 


3 04 


72 20 


George Couzoules Ticket Com- 








pany, Incorporated, 


10 12 


- 


10 12 


George L. Belledeu Company, 


17 88 


17 


18 05 


Georgetown Gas Company, 


101 22 


1 69 


102 91 


George W. Carr Company, . 


369 45 


1 85 


371 30 


German & Bohemia n Co-opera- 








tive Association, 


26 99 


- 


26 99 


Globe Gas Light Company, 


126 52 


63 


127 15 



1908.] 



PUBLIC DOCUMENT — No. 12. 



121 





Collected on 








Account 
of Corporation 


Interest. 


Totals. 




lax for UJ06. 






Green Mountain Lumber Com- 








pany, 


$216 56 


$2 05 


$218 61 


Greendale Gas Engine Company, 


105 43 


50 


105 93 


Greenfield Recorder Company, . 


34 58 


17 


34 75 


Grout Brothers Automobile Com- 








pany, ..... 


413 31 


2 21 


415 52 


Grueby Faience Company, 


295 03 


10 04 


305 07 


H. H. Tilton Fireworks Company, 


161 95 


5 51 


167 46 


H. M. Kinports Company, . 


80 97 


3 80 


84 77 


Hackett Brothers Company, 


126 52 


1 45 


127 97 


Hampden Creamery Company, . 


102 90 


82 


103 72 


Harrison Brother Company, 


311 62 


2 80 


314 42 


Henderson Dairy Company, 


9 70 


- 


9 70 


Henry Siegel Company, 


12,652 50 


113 87 


12,766 37 


Hibbard & Mason, Incorporated, 


94 13 


56 


94 69 


Highland Foundry Company, 


189 78 


1 74 


191 52 


Hill Amusement Company, Incor- 








porated, .... 


25 32 


24 


25 56 


Hodgdon Brass Works, 


102 99 


51 


103 50 


Houghton Manufacturing Com- 








pany, 


104 59 


- 


104 59 


Hoyle Lumbering Company, 


20 24 


18 


20 42 


I. W. Black Piano Company, 


12 70 


55 


13 25 


Imperial Supply Company, 


101 22 


- 


101 22 


Independent and Auxiliary Gas 








Company, .... 


6 54 


45 


6 99 


Intaglio Plate Company, 


59 04 


7 38 


66 42 


International Fibre Company, 


1,137 03 


17 05 


1,154 08 


J. A. Cummings Printing Com- 








pany, ..... 


84 35 


42 


84 77 


J. F. Gearan Drug Company, 


42 17 


1 25 


43 42 


J. D. Jewett Company, 


253 05 


3 04 


256 09 


J. H. Costello Company, 


106 28 


3 93 


110 21 


J. H. Williams Wall Paper Com- 








pany, 


84 35 


69 


85 04 


J. M. Howard & Son Company, 


71 27 


2 00 


73 27 


J. M. Murray & Co., Incorporated, 


20 24 


20 


20 44 


J. Maro Harriman Drug Company, 


84 35 


42 


84 77 


J. R. Downing Company, . 


59 04 


- 


59 04 


J. R. Qualey Granite Company, 


80 97 


2 20 


83 17 


J. W. Jordan Company, 


64 52 


65 


65 17 


James G. Tarr & Brother Corpo- 








ration, ..... 


150 14 


2 00 


152 14 


James H. Brown Company, 


29 35 


91 


30 26 


John C. DeLaney Moulding Com- 








pany, ..... 


151 83 


1 42 


153 25 


John Cavanagh & Son Building 








Moving Company, . 


253 05 


2 02 


255 07 


John P. Cullen Company, . 


45 54 


27 


45 81 


John W. Cauley Company, 


16 87 


13 


17 00 



122 



ATTORXEY-GENERAL'S REPORT. 



[Jan, 





Collected on 








Account 
of Corporation 


Interest. 


Totals. 




Tax for 1906. 






Jordan & Bradley, Incorporated, 


$16 87 


$0 15 


$17 02 


Joseph Bentley Hair Company,. 


180 50 


90 


181 40 


Joseph Ross Corporation, . 


320 53 


2 88 


323 41 


Kaplan & Finkbeiner, 


12 50 


12 


12 62 


Keniston Engineering Company, 


84 35 


75 


85 10 


Klein's Pharmacy, 


421 75 


3 86 


425 61 


Kneil Coal Company, 


168 70 


1 68 


170 38 


Knowlton Packing Company, 


134 96 


1 03 


135 99 


Knox Automobile Company, 


1,649 88 


. 15 12 


1,665 00 


L. L. Rounsville Company, 


59 12 


29 


59 41 


LaJustice Publishing Company, 








Incorporated, 


84 35 


3 04 


87 39 


Lake Maranacook Hotel, Cottage 








and Camp Company, 


4 00 


- 


4 00 


Lakeview Press, 


101 40 


1 00 


102 40 


Lang & Jacobs Company, . 


84 35 


84 


85 19 


Lawrence Machine Company, 


217 57 


1 30 


218 87 


LeBaron Foundry Company, 


228 16 


1 81 


229 97 


Leo E. Bova Company, 


86 88 


4 34 


91 22 


Lewis J. Bird Company, 


42 17 


23 


42 40 


Lewis Thomas Company, . 


56 68 


1 53 


58 21 


Lewis Shoe Company, 


124 83 


74 


125 57 


Lubron Manufacturing Company, 








Incorporated, 


48 04 


55 


48 59 


M. & M. Manufacturing Com- 








pany, 


25 30 


25 


25 oo 


M. H. Brigham, 


52 29 


54 


52 83 


Maiden Drug Company, 


27 66 


94 


28 60 


Manufacturers Bottle Company, 


51 62 


49 


52 11 


Marlboro-Hudson Gas Company, 


826 96 


- 


826 96 


Marshall Electric Manufacturing 








Company, .... 


624 19 


16 88 


641 07 


Marxe & Hull, Incorporated, 


73 40 


41 


73 81 


Mason Cigar Company, 


126 52 


69 


127 21 


Massachusetts Acetylene Con- 








struction Company, 


25 30 


76 


26 06 


Massachusetts Builders Finish 








Company, .... 


118 09 


4 01 


122 10 


Massachusetts Merchandise Com- 








pany, ..... 


21 50 


10 


21 60 


Massachusetts Talc Company, . 


374 17 


12 48 


3S6 65 


Mellish & Byfield Company, In- 








corporated, .... 


447 05 


10 33 


457 38 


Menashi Khoury Company, 


134 92 


1 47 


136 39 


Messenger Printing and Publish- 








ing Company, 


32 66 


30 


32 96 


Metropolitan Wood Company, In- 








corporated, .... 


31 37 


1 06 


32 43 


Model Laundering Company, 


100 00 


7 90 


107 90 


Moss Florist Company, 


42 18 


— 


42 18 



1908.] 



PUBLIC DOCUMENT — No. 12. 



12a 





Collected on 








Account 
of Corporation 


Interest. 


Totals. 




Tax for 1906. 






Munkley & Co., Incorporated, . 


$94 05 


$2 82 


$96 87 


N. Richardson Sons Manufactur- 








ing Company, 


169 54 


1 69 


171 23 


Napier Motor Company of Amer- 








ica, ..... 


3,384 12 


38 35 


3,422 47 


National Press Bureau, Incorpo- 








rated, ..... 


33 74 


87 


34 61 


New Can Company, . 


50 61 


25 


50 86 


New England Cloak and Suit Com- 








pany, ..... 


12 65 


10 


12 75 


New England Furniture Manu- 








facturing Company, 


32 39 


1 97 


34 36 


New England Motor Company, . 


84 35 


2 83 


87 18 


New England Steel Casting Com- 








pany, . . 


160 26 


10 89 


171 15 


New Marshall Engine Company, 


10 12 


- 


10 12 


Newbury Stable Company, 


67 48 


- 


67 48 


Newell-Putnam Manufacturing 








Company, .... 


151 83 


1 31 


153 14 


Norfolk County Creamery Com- 








pany, m 


40 90 


22 


41 12 


Observation Auto Company, 


33 74 


1 92 


35 66 


O'Keefe Cloak Company, . 


84 35 


85 


85 20 


Oxford Angora Goat Company, . 


21 08 


- 


21 08 


Paralok Binder Company, . 


95 14 


- 


95 14 


Parker & Whiting Company, 


16 87 


20 


17 07 


Peabody Candy Company, . 


62 36 


31 


62 67 


Peabody Supply Company, 


131 07 


1 17 


132 24 


People's Combination Clothing 








Company, .... 


253 05 


3 88 


256 93 


People's Drug Store Company, 


25 30 


22 


25 52 


Peter F. Tague Company, 


50 61 


- 


50 65 


Philbrook Distributing Company, 


5 06 


30 


5 36 


Pilgrim Foundry Company, 


328 96 


12 82 


341 78 


Pilgrim Investment Company, . 


7 42 


40 


7 82 


Pine Needle Company, 


5 56 


18 


5 74 


Powell Press Company, 


20 58 


62 


21 20 


Practical Politics, Incorporated, 


4 04 


10 


4 14 


Prince Medicine Company, 


52 11 


1 77 


53 88 


Prudential Corporation, 


16 87 


- 


16 87 


Puritan Express Company, 


25 30 


- 


25 30 


Quincy Public Market Company, 


33 74 


1 18 


34 92 


R. F. Hawkins Iron Works, 


122 02 


1 22 


123 24 


R. L. Cleveland Company, 


303 66 


3 04 


306 70 


Randall Faichney Company, 


296 81 


14 08 


310 89 


Reading Shoe Stock Company, In- 








corporated, .... 


113 02 


3 84 


116 86 


Reynolds Machine Company, 


25 30 


23 


25 53 


Richard Briggs Company, . 


2,024 40 


10 11 


2,034 51 


Robbins Spring Water Company, 


54 06 


48 


54 54 



124 



ATTORNEY-GENERAL'S REPORT. 



[Jan 





Collected on 








Account 
of Corporation 


Interest. 


Totals. 




Tax for 1906. 






Robinson Duck and Poultry Com- 








pany, 


$37 11 


$1 26 


$38 37 


Rocky Hill Crystal Spring Water 








Company, .... 


9 27 


32 


9 59 


Royal Comb Company, 


104 25 


90 


105 15 


Ruth Manufacturing Company, . 


26 99 


32 


27 31 


S. A. Dow Company, 


13 34 


- 


13 34 


S. A. Ryan & Co., Incorporated, 


30 36 


- 


30 36 


S. E. Cassino Company, 


57 35 


1 55 


58 90 


S. L. Gabriel Company, 


45 54 


46 


46 00 


Sargent Company, 


101 22 


1 01 


102 23 


Seth W. Fuller Company, . 


317 15 


1 SO 


318 95 


Shadduck & Green Company, 


132 59 


- 


132 59 


Silas Pierce & Co., Limited, 


2,015 59 


17 79 


2,033 38 


Simons Shoe Company, 


38 12 


34 


38 46 


Smith's Tavern, Incorporated, . 


123 67 


1 17 


124 84 


South Shore Grain Company, 


347 03 


19 91 


366 94 


Spatula Publishing Company, 


62 41 


1 25 


63 66 


Standard Bottling and Extract 








Company, .... 


303 66 


2 84 


306 50 


Standard Moulding Company, 


26 31 


2 85 


29 16 


Star Light Specialty Company, . 


46 22 


2 44 


48 66 


Stone Express Company, . 


463 92 


18 78 


482 70 


Suffolk Supply Company, . 


126 52 


4 30 


130 82 


Sylvester Tower Company, 


1,717 36 


15 74 


1,733 10 


T. A. Peterson Company, . 


34 97 


17 


35 14 


T. F. Tuttle Silver Company, 


140 02 


53 


140 55 


Taunton Evening News, 


168 70 


2 22 


170 92 


Ten Associates Company, . 


22 85 


12 


22 97 


Textile Machinery Specialty Com- 








pany, 


10 35 


18 


10 53 


Thomas J. Young Company, 


16 87 


- 


16 87 


Tremont Garage Company, 


168 70 


1 68 


170 38 


Tribune Enterprise, Incorporated, 


21 35 


65 


22 00 


Tucker Corporation, . 


11 80 


- 


11 80 


Union Credit Company, 


168 70 


1 98 


170 68 


United Concrete Machinery Com- 








pany of Massachusetts, . 


67 48 


67 


68 15 


United Sewing Machine Company, 


168 70 


1 80 


170 50 


V. E. Miller Company, 


421 75 


- 


421 75 


W. H. LaPointe Company, 


380 84 


- 


380 84 


W. W. Harmon Company, . 


101 22 


89 


102 11 


Wachusett Sanitarium Company, 


463 75 


4 17 


467 92 


Walter H. Tuttle Company, 


126 52 


3 54 


130 06 


Warren, Brookfield & Spencer 








Street Railway Company, 


686 60 


- 


686 60 


Warren Manufacturing Company, 


118 59 


- 


118 59 


Warner Motor Company, . 


28 76 


17 


28 93 


Weber Leather Company, . 


1,180 90 


6 29 


1,187 19 


White Hill Plantation Company, 


26 77 


1 07 


27 84 



1908.] 



PUBLIC DOCUMENT — No. 12. 



125 





Collected on 

Account 
of Corporation 
Tax for 1906. 


Interest. 


Totals. 


Whittier Woodenware Company, 
William A. Davis Company, 


$337 40 
84 35 


$1 40 
2 58 


$338 80 
86 93 


Winslow Brothers & Smith Com- 








pany, 


5,131 85 


25 65 


5,157 50 


Worcester Bay State Hotel Com- 
pany, 


63 26 


51 


63 77 


Worcester Broken Stone Com- 








pany, 


134 96 


1 34 


136 30 


Worcester Grain Company, 
Worcester Sanitarium Company, 


6 07 
32 25 


13 
32 


6 20 
32 57 


Worcester Wood and Lumber 








Company, .... 
Ye Quainte Compayne, 
Young's Biscuit Company, . 


10 96 

8 46 
202 44 


1 87 


10 96 

8 46 

204 31 




$85,117 39 


$1,076 11 


$86,193 50 



Miscellaneous Collections. 

A. C. Grady Loan Company, penalty, 
A. G. Pease Company, penalty, 
A. Guerini Stone Company, penalty, 
A. H. Demond Company, penalty, . 
A. R. Macomber Company, penalty, 

Abrasive Mining and Manufacturing Company, penalty, 
Acme Thread Works, penalty, .... 
Aetna Indemnity Company, Cuttyhunk, penalty, . 
Aetna Loan Company, penalty, .... 
Alberta Land and Wheat Company, penalty, 
Allen & Endicott Building Company, penalty, 
Allen, Daniel G., estate of, .... . 
Allen, Howard Folger, estate of, inheritance tax, . 
Allendale Woolen Company, penalty, 
American Chocolate Machinery Company, penalty, 
American Credit Indemnity Company, penalty, 
American Cultivator Publishing Company, penalty, . 
American Finance Company, penalty, 
American Fuel Saving Company, penalty, 
American Mosaic Company, penalty, 
American Paint Manufacturing Company, penalty, 
American Sight-seeing Car and Coach Company, penalty 
American Street Railway Paving and Improvement Com- 
pany, penalty, 

Amesbury Opera House Company, penalty, 



$10 00 


5 00 


5 00 


25 00 


10 00 


10 00 


10 00 


500 U0 


5 00 


15 00 


15 00 


102 11 


490 53 


10 00 


25 00 


50 00 


5 00 


15 00 


10 00 


5 00 


15 00 


25 00 



10 00 
25 00 



126 



ATTORNEY-GENERAL'S REPORT. 



[Jan 



Andover Press, penalty, .... 

Andrews Produce Company, penalty, 

Angelina Orchard Company, penalty, 

Angier Automobile Supply Company, penalty, 

Angier Company, penalty, .... 

Arlington, Town of, board of paupers, 

Asa R. Minard & Co., Incorporated, penalty, . 

Associated Mining Engineers Corporation, penalty, 

Atherton Furniture Company, penalty, 

Athletic Shoe Industry Company, penalty 

Atlantic Distilling Company, penalty, 

Atlantic Tea Company, penalty, 

Atlas Fiber Company, penalty, 

Atwood Preserving Company, penalty, 

Automatic Fire Protection Company, penalty, 

Automobile Owners Supply Company, penalty 

Avon Woolen Mills Company, penalty, 

Bach Piano Company, penalty, 

Baker-Hunnewell Company, penalty, 

Balch, William H., estate of, . 

Barthel Blow Lamp Company, penalty, 

Bay State Art Company, penalty, . 

Bay State Auto Company, penalty, 

Bay State Distilling Company, penalty, 

Bay State Fuel Company, penalty, 

Beacon Loan Company, penalty, 

Benz Kid Company, penalty, 

Berkshire Cycle and Automobile Company, penalty, 

Beverly Chemical and Supply Company, penalty, 

Blair Light Company, penalty, 

Booth & Co., Incorporated, penalty, 

Boston & Haverhill Dispatch, penalty, 

Boston, City of, board of paupers, . 

Boston, City of, Congress Street grade crossing, taking of 

land, ........ 

Boston Construction and Supply Company, penalty, 

Boston Distributing Company, penalty, 

Boston Excursion Steamship Company, penalty, 

Boston Fire and Police Notification Company, penalty, 

Boston Holding Company, penalty, 

Boston Independent Telephone Securities Company, pen 

alty, 

Boston Mirror Company, penalty, .... 
Boston Pneumatic Power Company, penalty, . 
Boston Pneumatic Transit Company, penalty, . 
Boston-Portland Company, penalty, 



$10 00 

5 00 

25 00 

15 00 

5 00 

29 60 

10 00 

15 00 

15 00 

15 00 

5 00 

5 00 

10 00 

20 00 

25 00 

5 00 

10 00 

10 00 

15 00 

70 39 

35 00 

15 00 

10 00 

100 00 

25 00 

20 00 

15 00 

25 00 

15 00 

10 00 

10 00 

5 00 

897 43 

688 00 
10 00 
25 00 
25 00 
25 00 
5 00 

10 00 
25 00 
25 00 
15 00 
10 00 



1908.] 



PUBLIC DOCUMENT — No. 12, 



127 



Boston Real Estate Association, penalty, 

Boston Traveler Company, penalty, 

Boston Wool Scouring Company, penalty, 

Brockton Co-operative Association, penalty, 

Brockton Motor Exchange Company, penalty, 

Brown, Woodward L., estate of, 

Brunswick-Balke-Collender Company, penalty, . 

Budgett Company, penalty, .... 

Burnham Railway Appliance Company, penalty, 

Button Lumber Company, penalty, 

C. A. Edgarton Manufacturing Company, penalty, 

C. H. Brown Engine Company, penalty, . 

C. H. Jordan Company, penalty, 

C. L. Flaccus Glass Company, penalty, . 

C. N. Perkins Company, penalty, . 

C. W. Stone Company, penalty, 

Caloric Bath Company, Incorporated, penalty, 

Cambridge, City of, board of paupers, 

Cambridge Lumber Company, 1904 tax, . 

Cambridge Market Company, penalty, 

Car Ventilating and Heating Company, penalty, 

Carleton & Hovey Company, penalty, 

Carter-Russell & Co., Incorporated, penalty, 

Cashman Brothers Company, penalty, 

Caton Medical Specific Company, penalty, 

Central Furniture Company, penalty, 

Champion Copper Company, penalty, 

Chandler Company, penalty, .... 

Charles A. Snow Company, penalty, 

Charles H. Dodge Construction Company, penalty, 

Charlestown Gas Light Company, penalty, 

Christian Hotel Company, penalty, 

Citizens Loan Association, penalty, 

Claflin-Sholes Company, penalty, 

Clark, Almira, estate of, unclaimed deposit, 

Clark Publishing Company, penalty, 

Clinton D. Martin Company, penalty, 

Clinton Gas Light Company, penalty, 

Coburn, Charlotte R., estate of, . 

Columbia Phonograph Company, penalty, 

Commonwealth Machine Company, penalty, 

Concord, Town of, board of paupers, 

Concrete Block Company, penalty, 

Consolidated Cranberry Company, penalty, 

Construction Information Company, penalty, . 

Coombs & Gilbert Furniture Company, penalty, 



$10 00 
25 00 
10 00 
10 00 
25 00 
83 83 
5 00 
10 00 
20 00 
5 00 
10 00 
10 00 
10 00 
20 00 
15 00 
20 00 
10 00 
2,165 10 

325 99 
10 00 
10 00 
25 00 
5 00 
10 00 
5 00 
25 00 
15 00 
10 00 
30 00 
15 00 

200 00 
10 00 
25 00 
25 00 

489 24 
25 00 
10 00 

100 00 

300 63 
25 00 
25 00 
13 03 
15 00 
10 00 
20 00 
5 00 



128 



ATTORNEY-GENERAL'S REPORT. 



[Jan. 



Cote Multiple Compass Company, penalty, 
Couch & Seele3 r Company, penalty, 
Craig & Craig Company, penalty, . 
Credit Mens Agency, penalty, 
Crocker Drug Company, penalty, 
Crompton & Knowles Loom Works, penalty 
Crown Luncheon Company, penalty, 
Cullen Brothers Company, penalty, 
Cummings & King Company, penalty, 
Curtis & Moore Company, penalty, 
Curtis-Hawkins Company, penalty, 

D. E. Coleman Company, penalty, . 
Dalton Shoe Company, penalty, 
Davis Construction and Machinery Company, penalty 
Davis, W. L., 

DeMarco Construction Company, penalty, 
De Young, Samuel, estate of, . 
Diamond Glue Company, penalty, . 
Dillon Machine Company, penalty, 
Disappearing Window Screen Company, penalty 
Donohue Brothers Leather Company, penalty, 
Donohue Coal Company, penalty, . 
Dorchester Express Company, penalty, . 
Duo Motor Company, penalty, 
Dyer Axle Lock Nut Company, penalty, 

E. A. Hale Company, penalty, 
E. H. Clapp Rubber Company, penalty, . 
E. K. B. Garter Company, penalty, 
E. L. Wood Box Company, penalty, 

E. T. Cowdrey & Company, penalty, 
Eagle-Church Company, penalty, . 
Eagle Overall Company, penalty, . 
Eastern Cold Storage Company, penalty, 
Eastern Fishing Company, penalty, 
Eastern Furniture Company, penalty, 
Eaton Building Company, penalty, 
Edmund S. Hunt & Sons Company, penalty, 
Ells & Garland Company, penalty, . 
Empire State Surety Company, penalty, . 
Erickson Electric Equipment Company, penalty, 
Essex Consolidated Mines Company, penalty 
Everlasting Garter Company, penalty, 
Eye Rex Company, penalty, . 

F. A. Clark Company, penalty, 
F. C. Maude Company, penalty, 
F. H. Danforth Company, penalty, 



$5 00 


6 00 


25 00 


5 00 


5 00 


10 00 


10 00 


25 00 


25 00 


10 00 


5 00 


25 00 


10 00 


10 00 


50 00 


15 00 


805 44 


25 00 


125 00 


15 00 


5 00 


10 00 


25 00 


10 00 


10 00 


25 00 


50 00 


5 00 


15 00 


25 00 


10 00 


5 00 


25 00 


25 00 


15 00 


15 00 


10 00 


5 00 


800 00 


15 00 


5 00 


25 00 


5 00 


30 00 


25 00 


5 00 



1908.] 



PUBLIC DOCUMENT — No. 12. 



129 



Fall River, City of, board of pauper, 

Fielding, Moses, State Prison claim, 

Firestone Tire and Rubber Company, penalty, 

Fitchburg Granite Company, penalty, 

Fitchburg Hardware Company, penalty, . 

Flanders Shoe Company, penalty, . 

Flash Chemical Company, penalty, 

Foreign Language Press, penalty, . 

Fort Wayne Electric Works, penalty, 

Foster Rubber Company, penalty, . 

Framingham Gas and Electric Light Company, 

Frederick J. Quinby Company, penalty, . 

Fritts Electric Switch Company, penalty, 

G. W. Sammet & Son Company, penalty, 

Gardner Gas, Fuel and Light Company, penalty, 

Gardner Gas, Fuel and Light Company, tax, 

Garfield & Proctor Coal Company, penalty, 

Gauley Coal Land Company, penalty, 

Geddis Remedy Company, penalty, 

Geisel Automobile Company, penalty, 

General DeGreasing Company, penalty, . 

George A. Sutherland Company, penalty, 

George J. Tarr Company, penalty, . 

George L. Belledeu Company, penalty, 

George W. Carr Company, penalty, 

Glendale Laundry Company, penalty, 

Good Hope Packet Company, penalty, 

Gordon Clasp Company, penalty, . 

Gordon Paper Company, penalty, . 

Graham Hat Company, penalty, 

Great Barrington, Town of, board of paupers, 

Green, Edward H., estate of, . 

Green Mountain Lumber Company, penalty, 

Greenfield Recorder Company, penalty, . 

Greenfield, Town of, board of James Kingston, 

H. E. Lindbladh Company, penalty, 

H. G. Woolworth & Company, penalty, . 

H. Methot Ostrich Feather Company, penalty, 

H. Rubin & Son, Incorporated, penalty, . 

Hadley Water Supply District, 

Hammond Typewriter Company, penalty, 

Hampden Corundum Wheel Company, penalty, 

Hampden Securities Company, penalty, . 

Hancock Inspirator Company, penalty, . 

Hannah Duston Shoe Company, penalty, 

Hanscom Construction Company, penalty, 





$10 29 




50 05 




25 00 




25 00 




15 00 




10 00 




15 00 




10 00 




25 00 




50 00 


, penalty, 


100 00 




15 00 




10 00 




10 00 


y, 


100 00 




17 37 




25 00 




15 00 




25 00 




5 00 




25 00 




5 00 




25 00 




10 00 




5 00 




5 00 




10 00 




10 00 




25 00 




5 00 




344 SO 




86 50 




25 00 




25 00 




1,659 12 




15 00 




10 00 




10 00 




10 00 




350 00 




50 00 




25 00 




20 00 




15 00 




15 00 




10 00 



130 



ATTORNE Y-GE X E R A L'S REPORT . 



[Jan 



Harrington Auto Station No. 1, penalty, 

Harvard Amusement Company, penalty, 

Haverhill Construction Company, penalty, 

Haverhill Shoe Manufacturers' Association, penalty, 

Hawes-von Gal Company, Incorporated, penalty, 

Hayden Photographic Company, penalty, 

Haynes-Piper Company, penalty, . 

Heath Telephone Company, tax, 

Hendee Manufacturing Company, penalty, 

Henrici Washer Company, penalty, 

Highland Foundry Company, penalty, 

Highland Telephone Company, tax, 

Hingston Safety Envelope Company, penalty, 

Hiram Ricker & Sons Company, penalty, 

Holland Electric Company, penalty, 

Holliston, Town of, board of G. A. Loveday, 

Holman-Paige Shoe Company, penalty, . 

Holmes Market Company, penalty, 

Holyoke Base Ball Association, penalty, . 

Home Newspaper Publishing Company, penalty 

Hoosac Company, penalty, 

Hopewell Railroad Supply Company, penalty, 

Horace K. Turner Company, penalty, 

Horan, George T., State Prison claim, 

Hosterman Chemical Company, penalty, 

Houghton Manufacturing Company, penalty, 

Houseboat Vacation Company, penalty, . 

Howe Paint and Color Works, penalty, 

Hudson, John 0., estate of, . 

Huntington Electric Light Company, penalty, 

Hurst Sporting Goods Company, penalty, 

Ideal Ventilator Company, penalty, 

Independent and Auxiliary Gas Company, penalty, 

Indestructible Fence Post Company, penalty, 

International Electric Company, penalty, 

International Shoe Company, penalty, 

Ipswich Gas Light Company, penalty, 

Ipswich, Town of, board of paupers, 

Irish- American Glue Company, penalty, . 

Iver Johnson Sporting Goods Company, penalty, 

J. G. Walker & Son Corporation, penalty, 

J. H. Butler Lumber Company, penalty, 

J. M. Murray & Co., penalty, 

J. Nardi Company, penalty, . 

J. P. & W. H. Emond Company, 1905 tax, 

J. R. Quale} r Granite Company, penalty, 



$25 00 
15 00 

5 00 
25 00 
25 00 
20 00 
15 00 

6 61 
5 00 

25 00 

20 00 

56 

5 00 

25 00 

10 00 

56 03 

5 00 

20 00 

50 00 

5 00 

5 00 

5 00 

10 00 

89 27 

10 00 

25 00 

5 00 

25 00 

238 89 

10 00 

25 00 

10 00 

25 00 

10 00 

10 00 

15 00 

100 00 

24 17 

25 00 
15 00 
10 00 
40 00 
10 00 

5 00 

71 76 

5 00 



1908.] 



PUBLIC DOCUMENT — No. 12 



131 



James G. Tarr & Brother Corporation, penalty, 

James Hunter Machine Company, penalty, 

Jellison Drug Company, penalty, 

Jewelers Building Association, penalty, . 

John A. McPherson Company, penalty, . 

John J. Cluin Company, penalty, 

John Reardon & Sons Corporation, penalty, 

John W. Crowley Company, penalty, 

Karanak Chemical Company, penalty, 

Kelly & Hawes Company, penalty, 

Kelly-Evans Company, penalty, 

Kelly Produce Company, penalty, . 

Kiernan Manufacturing Company, penalty, 

Kimball-Eliot Company, penalty, . 

Kinney Heating and Supply Company, penalty, 

Knowlton Packing Company, penalty, 

L. B. Warner Company, penalty, . 

L. W. Pond Machine and Foundry Company, penalty, 

Ladd, Thomas, board of, 

Lanston Monotype Machine Company, penalty 

Larsson Whip Company, penalty, . 

Lawrence Machine Company, penalty, 

Lawyers Information Bureau, penalty, 

Lead-lined Iron Pipe Company, penalty, 

Leominster Comb Company, penalty, 

Ley Construction Company, penalty, 

Liberty Brewing Company, penalty, 

Liberty Masonic Association, penalty, 

Lincoln, Town of, board of paupers, 

Lockwood Manufacturing Company, penalty, 

Lopas Company, penalty, 

Lord Mechanical Respiration Company, penalty, 

Loudville Leather-Board Company, penalty, 

Lowell, City of, board of paupers, . 

Lowell Coach Company, penalty, 

Lubron Manufacturing Company, penalty, 

Luxemoor Company, penalty, 

Lynn Storage Warehouse Company, penalty, 

Lynn Tube Trolley Track Company, penalty, 

McAuliff Non-Siphoning Trap Company, penalty, 

McCurdy, Margaret, board of, 

Mackintosh Manufacturing Company, penalty, 

Majestic Company, penalty, . 

Maiden Grain Company, penalty, . 

Maloine Chemical Company, penalty, 

Manufacturers Automatic Sprinkler Company, penalty, 



$10 00 


15 00 


20 00 


20 00 


10 00 


15 00 


25 00 


25 00 


5 00 


25 00 


25 00 


15 00 


5 00 


25 00 


10 00 


10 00 


15 00 


25 00 


1,160 67 


5 00 


10 00 


5 00 


5 00 


10 00 


5 00 


10 00 


25 00 


5 00 


30 97 


10 00 


25 00 


5 00 


15 00 


235 48 


15 00 


10 00 


10 00 


10 00 


5 00 


15 00 


757 25 


10 00 


5 00 


10 00 


25 00 


25 00 



132 



ATTORNEY-GENERAL'S REPORT. 



[Jan. 



Manufacturers Bottle Company, penalty, 

Manufacturers Information Bureau Company, penalty, 

Manufacturers' Sample Shoe Company, penalty, 

Marblehead Gas and Electric Light Company, penalty, 

Marcellus Roper Company, penalty, 

Marlboro Equipment Company, penalty, . 

Massachusetts Automobile Company, penalty, 

Massachusetts Brick Company, penalty, . 

Massachusetts Clothing Company, penalty, 

Massachusetts Contracting Company, penalty, 

Massachusetts Fan Company, penalty, 

Massachusetts Loan and Guaranty Company, penalty 

Massachusetts Public Service Company, penalty, 

Mather Loan Company, penalty, 

Maxwell-Briscoe Boston Company, penalty, 

Mellish & Byfield Company, penalty, 

Menthol Products Company, penalty, 

Mercantile Finance Company, penalty, 

Merrimack Ice Company, penalty, . 

Merrimack Paper Company, penalty, 

Merrimack Woolen Company, penalty, 

Merry Job Print Company, penalty, 

Messenger Printing and Publishing Company, penalty, 

Milford Rubber Cement Company, penalty, 

Mohawk Manufacturing Company, penalty, 

Mona Manufacturing Company, penalty, 

Moore Brothers Company, penalty, 

Munroe & Knight Machine Screw Company, penalty, 

N. Richardson Sons Manufacturing Company, penalty, 

Nashua River Paper Company, filing report late, 

National Belting Company, penalty, 

National Cigar Stands, penalty, 

National Press Bureau, penalty, 

National Spiral Fire-escape Company, penalty 

National Wrapping Paper Company, penalty, 

Nelmaur Company, penalty, . 

Neponset River Coal Company, penalty, . 

Nernst Lamp Company, penalty, 

New Bedford Baseball and Athletic Association, penalty, 

New Can Company, penalty, . 

New England Furniture Manufacturing Company, penalty 

New England Reed Company, penalty, 

New Magnolia Hotel Company, penalty, 

New Marlboro Association, penalty, 

Newburyport Fair Association, penalty, 

News Publishing Company, penalty, 



$5 00 
25 00 
10 00 
200 00 
50 00 
10 00 
10 00 

4 00 

5 00 
35 00 
20 00 
25 00 
10 00 

5 00 
15 

5 
15 

9 



00 
00 
00 
00 
00 
00 



o 

5 
15 
25 00 

5 00 
25 00 

5 00 
50 00 
25 00 
15 00 
100 00 
10 00 
165 00 
15 00 
25 00 

5 00 
10 00 
25 00 
15 00 
15 00 
50 00 
35 00 
15 00 
15 00 
10 00 

5 00 
10 00 
25 00 
10 00 



1908.] 



PUBLIC DOCUMENT — No. 12. 



133 



Newton Journal Publishing Company, penalty, 
Niles, W. J., estate of, gas tax, 
Nobscot Mountain Spring Perfection Cooler Company, pen- 
alty, 

Non Corrosive Metal Company, penalty, . 

Norcross Brothers Company, penalty, 

Norfolk County Creamery Association, penalty 

North Anson Lumber Company, penalty, 

North Eastern Lumber Company, penalty, 

North End Express Company, penalty, . 

Northern Automobile Agency, penalty, . 

Norton & Taunton Street Railway Company, penalty 

Novelty Plaster Company, penalty, 

Noyes & Dewar Company, penalty, 

Noyes, Charles, estate of, unclaimed deposit, 

O'Brien Brothers Company, penalty, 

Office, Bank and Library Company, penalty, 

Orient Importing Company, penalty, 

Orrocco Farm Company, penalty, . 

Otis Fiber Board Company, penalty, 

Owens Brothers Hillson Company, penalty, 

Ox-O-Tonic Company, penalty, 

Paddon Motor Company, penalty, . 

Palami Company, penalty, 

Parker & Whiting Co., penalty, 

Parsons, Henry, Westborough Insane Hospital claim 

Paulin's, Incorporated, penalty, 

Pepperell Card and Paper Company, penalty, 

Peter Wood Dyeing Company, penalty, . 

Pickering Manufacturing Company, penalty, 

Pigeon Cove Harbor Company, penalty, . 

Pittsfield Co-operative Store, penalty, 

Place Box Company, penalty, 

Planet Company, penalty, 

Plymouth Hardware Company, penalty, . 

Plymouth Hospital and Training Nurse School, penalty, 

Plymouth Rubber Company, penalty, 

Poland Paper Company, penalty, . 

Portsmouth Forge, penalty, . 

Practical Politics, penalty, 

Prentice Brothers Company, penalty, 

Prentice Tool and Supply Company, penalty, 

Preston, Marcellus E., estate of, 

Prince Medicine Company, penalty, 

Public Coal Company, penalty, 

Puritan Carbonating Company, penalty, . 



$15 00 


59 93 


25 00 


25 00 


10 00 


20 00 


20 00 


10 00 


5 00 


25 00 


50 00 


10 00 


15 00 


371 27 


5 00 


50 00 


15 00 


25 00 


25 00 


10 00 


10 00 


25 00 


50 00 


10 00 


223 00 


10 00 


10 00 


5 00 


10 00 


20 00 


10 00 


25 00 


20 00 


10 00 


10 00 


10 00 


35 00 


5 00 


5 00 


25 00 


25 00 


300 80 


25 00 


15 00 


5 00 



134 



ATTORNEY-GENERAL'S REPORT. 



[Jan 



Puritan Dental Company, penalty, 

•Puritan Express Company, penalty, 

Pyrites Company, penalty, ..... 

Quincy, City of, board of Josephine Hughes, . 

Quincy, City of, board of paupers, .... 

Quinsigamond Lake Steamboat Company, penalty, . 

R. M. Bucknam & Co., Incorporated, penalty, . 

R. T. Sullivan Company, penalty, .... 

Rand Dairy Lunch, penalty, ..... 

Rice & Hutchins, Incorporated, penalty, 

Robbins Spring Water Company, penalty, 

Robinson-Brockway Manufacturing Company, penalty, 

Rockland Factory Building Association, penalty, 

Rocky Hill Crystal Spring Water Company, penalty, 

Rollaway Skating Rink Company, penalty, 

Roller Bar Door Closer Company, penalty, 

Rosenthal, H., board of pauper, .... 

Roxbury Catering Company, penalty, 

Rubon Company, penalty, ..... 

Rufus Perkins Banking and Brokerage Company, penalty, 

S. A. Ryan Company, penalty, .... 

S. H. Helen Company, penalty, .... 

Sanitary Dust-removing Company, penalty, 

Sanitary Reduction and Construction Company, penalty, 

Sargent, Conant & Co., tax, ..... 

Schipper Brothers Coal Mining Company, penalty, . 

Schneider, Gustav, estate of, unclaimed deposit, 

Second Regiment Band, penalty, 

Sheehan, John J., board of son, 

Shute, Elizabeth, estate of, . 

Siculo Express Company, penalty, . 

Signet Shoe Company, penalty, 

Simpson & Co., penalty, 

Smalley Jar Company, penalty, 

Somerville, City of, board of Coopers, 

Southern Coast Lumber Company, penalty, 

Spofford Drug Company, penalty, . 

Springfield Department Store, penalty, . 

Springfield Portable Construction Company, penalty 

Springfield Ruling Machine Company, penalty, 

St. Clair's, Incorporated, penalty, . 

Stafford Company, penalty, . 

Standard Fishing Rod Company, penalty, 

Standard Machine Company, penalty, 

Standard Paper Tube Works, penalty, 

Star Fire Insurance Company, tax, 



$5 00 


25 00 


20 00 


106 88 


103 54 


10 00 


10 00 


10 00 


15 00 


50 00 


25 00 


25 00 


20 00 


25 00 


5 00 


50 00 


30 95 


10 00 


25 00 


5 00 


75 00 


20 00 


5 00 


50 00 


50 00 


25 00 


292 09 


10 00 


22 29 


44 82 


25 00 


20 00 


10 00 


15 00 


737 75 


25 00 


10 00 


25 00 


25 00 


10 00 


10 00 


25 00 


25 00 


10 00 


5 00 


133 86 



1908.] 



PUBLIC DOCUMENT — No. 12 



135 



Star Light Specialty Company, penalty 
State Supply Company, penalty, 
Stetson Press, Incorporated, penalty, 
Stone Express Company, penalty, . 
Stoughton Gas and Electric Company, penalty, 
Suburban Club House Corporation, penalty, 
Suburban Coal Company, penalty, . 
Suncook Valley Lumber Company, penalty, 
Symonds & Poor Carbonator Company, penalty, 
T. N. Fetherston & Co., penalty, . 
Tanner Hamilton Company, penalty, 
Taunton Stove Lining Company, penalty, 
Thomas B. Morrill, Incorporated, penalty, 
Thomas W. Lawson Company, penalty, . 
Thorn Medicine Company, penalty, 
Traders Insurance Company, tax, . 
Travis, Coburn Company, penalty, . 
Tribune Building Company, penalty, 
Tribune-Enterprise, Incorporated, penalty, 
Tudor Farm, Incorporated, penalty, 
Tudor Manufacturing Company, penalty, 
Union Brass Works Company, penalty, . 
Union Scale Company, penalty, 
United Attraction Company, penalty, 
United Button Company, penalty, . 
United Rubber Sole Shoe Company, penalty, 
United States Mailing Case Company, penalty, 
Van Camp Packing Company, penalty, . 
W. C. King Company, penalty, 
W. D. Wilmarth & Co., Corporation, penalty, 
W. F. Jacobs Building Company, penalty, 
W. F. Plummer Drug Company, penalty, 
W. H. Cobb Shoe Stock Company, penalty, 
W. H. Losty Telephone Line, tax, . ' 
W. H. Mague Company, penalty, . 
W. K. Farrington Press, penalty, . 
W. S. Fiander Company, penalty, . 
W. S. Hill Electric Company, penalty, 
W. T. Shackley & Son Company, penalty 
Wachusett Machine Company, penalty, 
Wachusett Rest, Incorporated, penalty, 
Walfair Construction Company, penalty, 
Walpole Emery Mills, penalty, 
Walsh, P. D., guardian, board of ward, 
Waltham, City of, board of Pauline Kellar, 
Waltham, City of, board of W. F. Murray, 



$15 00 

15 00 

15 00 

60 00 

100 00 

5 00 
25 00 
10 00 
25 00 

5 00 
20 00 
20 00 

5 00 
10 00 

5 00 
404 55 
25 00 
10 00 
10 00 
25 00 

5 00 
25 00 
10 00 
20 00 
25 00 

5 00 
10 00 
25 00 
15 00 
10 00 

5 00 

10 00 

25 00 

21 

5 00 
25 00 
15 00 
25 00 
15 00 

5 00 

30 00 

10 00 

10 00 

508 73 

599 70 

136 50 



136 



ATTORNEY-GENERAL'S REPORT. 



[Jan . 



Waltham Watch Tool Company, penalty, 

Warburton & Dover Company, penalty, . 

Warner Box and Shoe Finding Company, penalty, 

Warner Motor Company, penalty, . 

Warren Manufacturing Company, penalty 

Washburn, Charles G., guardian, 

Wayland, Town of, board of Alice Banks, 

Weber Leather Company, penalty, . 

Webster, Town of, ... 

Wellesley Publishing Company, penalty, 

West End Loan and Investment Company, penalty, 

Westfield Times Company, penalty, 

Weymouth Light and Power Company, 

Whiting Manufacturing Company, penalty, 

Wicks Manufacturing Company, penalty, 

Wilbur-Campbell-Stevens Company, penalty, 

Winchester Laundry Company, penalty, . 

Woodville Electric Light Company, penalty, 

Worcester Base Ball Company, penalty, . 

Worcester Wood Fiber Wall Plaster Company, penalty, 

Wordell Plumbing Company, penalty, 



$15 00 


15 00 


50 00 


20 00 


25 00 


390 64 


927 00 


150 00 


24 29 


10 00 


5 00 


10 00 


42 44 


10 00 


5 00 


25 00 


5 00 


5 00 


20 00 


15 00 


10 00 


$32,962 35 



1908.] 



PUBLIC DOCUMENT — No. 12. 



137 



o 



P3 

CZ2 

P3 



O 



ft 

P3 



o 

O 

03 

,P 

O 
P 
03 



so 



«4— I 

03 


O 




0) 


a 


fH 


o 


, i 


a> 




^2 


03 


03 


fH 


c3 


o 


.a 


o3 


0) 


P 


no 


S3 


3 


X 


•1— s 


0J 





i^ 


C/> 


O 




o 










bn 


l— 1 




CO 


u 

o 

<4H 


© 

o> 

Q 


7) 


bo 


p 


p 


o 


Ti 


*-) 


P 


rn 


0) 






~ 


*— 


^ 


C3 
03 




>i 



2 bp 

o -P 



03 P 

be Jh 

O 'O 



>2 



0.2S 

a 






aaaaaaaaaaaa 

000000000000 

oooooooppppp 
aaaaaaaaaaaa 
.3 .2 .2 .2 .2 .2 .2 .2 .2 .2 .2 .2 

O3o3o3c3c3o3o3e3o3c3cjo3 

3'a3'3'3'3'333333 

C3c3ojc3o3c3c3o3o3o3o3q3 



a'o'o'o'o'o'o'opo'^.P 

.fJ333333333p3 
Wa2M02COa2CQCOOiCQSCO 

£ 

c 

4) 

O 

*-> 

^ 

13 

3 

oS 

■c 

a> 

3 

. T3 
3 



c; 



^ h3 






►J « 



£ I 

- 1 



W £ P3 



a a 



W pq 



W O Ph 



o 



S ^ 



£ Ph O fc Ph 



. o o 

.8 > 6 i* 

§ * I ! 

§ £ S £ 



S S 



a a 
< <3 



S S 



138 



ATTORNEY-GENERAL'S REPORT. 



[Jan. 





a 


a 


g 


g 


E 


a 


a 


a 


a 


a 


g 


g 


g 


g 


3 


a 


a 


a 


a 




















j., 


b. 






















o 


o 


: 


o 


o 


o 


3 


o 


c 


: 


o 




s 


,o 


«E 


o 


a 


o 


c 




u 


Jh 


<-i 


(h 


Fh 


u 




u 


• 






!i 


























0/ 


© 


u 


V 


0J 


0) 


1! 


<U 


I 






<1> 






K 




a 


a 


a 


a 


a 


- 


- 


- 


". 


a 


a 


- 


a 




- 


Q 


a 


a 




Z 


o 


^ 


o 


a 


o 

In 


o 


o 


o 


S 


o 

- 


s 


2 





g 


O 


o 


?, 


r 


~ 


a 


a 


a 


a 


a 


a 


a 


a 


a 


a 


a 


a 


a 


a 


a 


a 


a 


a 


a 


g 


c 


= 


c 


s 


s 


a 


s 


c 


c 


3 


a 


c 


3 


3 


3 


3 


c 


G 


3 


» 


-3 


TJ 


-3 


Tj 


— ! 


— 


T) 


— 


TJ 
























a 


s 


C 


a 


s 


c 




a 


C 


3 


G 


= 


= 




3 


3 


c 


c 






03 


C3 


a 


a 


o3 




03 


K 


03 


03 


e3 




03 


o3 


03 


03 


03 


03 


03 




































3 




3 








































P 


£ 


* 


* 


£ 


* 


? 


>' 


























03 


cd 


ot 


crt 


ed 


ert 


03 


03 


























•J 


1-1 


(-1 


" 


M 


1-1 


1-1 


- 


Hi 


^ 


1-1 


h-l 


1-1 


M 


1-1 


'- 1 








q 
























































































































B - 
3 O 








0) 


















X 

^ 








Z 




V 












-i 


^ 
















^ 


^ 








- 


> 8 




















6 


















to 


£ 


£ 


-r 


8C 


£ 


S§ 


fe 


to 


6 


£ 


- 


t 


sc 


; = 


a 

03 


to 


u 

o 


1-1 


X5 


X 


X 


~ 


X 


3 
X 


X 


3 
X 


D 


w 






" 








« 


to 










fcfi 


M 
























































































































tH 




























y 










■- 


© 




























a 












= 


























3 










© 


© 
















- 
























TJ 




























O 


4) 








c 

o3 


s 

o3 








> 








■g 














>> 


is" 


s* 


i>> 


3 


r. 


>; 


>> 








- 


- 




















I* 








t- 


e 










— 
















OJ 




0) 








O) 




aj 


bfl 


<u 




0> 


V 


0) 




<u 


0> 




bfl 




-.1 




03 


a 


u> 


o 


o 


> 




crt 
















































01 








C 















c3 


- 




etl 


■r. 




- 


ert 


03 


03 


03 






- 


■*• 


< 


w 


pq 






'-' 


^ 


1-1 


< 


^ 


^ 


^ 


^ 


CO 


, - 


1-5 


aj 
"3 
















































































2 
1 


5 
o 
H 

< 
.2 


o 

■- 

-. 

| 


c 

< 

>> 

s_ 

H 


a 

o3 
X 


>> 

r. 


© 
o 

- 

X 


03 

© 

o 

CD 

'3 

c 


o3 
- 

1 

3 
■— 


E 

>> 




9* 

< 
f. 

J. 
- 


d 

.2 
o 


a 
o 

s 

o 
a 

03 


o 

03 

r 
■/. 

03 


X 

H 

T5 
u 

03 


3* 
V 

s 

X 

03 


i 

a 

o 


Ft 

03 

E 

03 

X 

1 


< 


J 

5 

03 

8 


4J 
> 








































- = s 








































C g £ 








































~ * - 

6 H g.s 




























.5 




















































o ois £ 




V 


_^; 


© 




• 


^ 




JS 


_i 




_^ 




03 


-^ 


-^ 


-£ 


— 


— 








































s|3 

x §- 


'3 


£ 


? 


£ 


> 
£ 


">-. 




s 


01 


^ 


■f. 




.2 


">. 


0> 








> 

OJ 


3 


> 


fc 


£ 


z 


& 


s 


£ 


fe 


55 


z 


- 


Z 


c 




/. 


Z 


!«5 


K 


K 




00 


CO 


30* 


© 


c» 


CO 


X 


iO 


N 


— 


o> 


- 


« 


» 


-' 


- 


n 


N 


■* 


Datt 

of 

{efe 

ence 




o 






bfi 


^ 


^ 


^; 




















.■ 


, 




4 


£ 


-H 


3. 


«^ 


« 
X 


© 
X 


X 


o 


o 


o 


o 


o 


o 


o 


u 


C 


z 


fe 



1908.] 



PUBLIC DOCUMENT — No. 12. 



139 



a a 



■D Tl TJ 

CCS 
ti ti sj 



s w « 



^ ^ m j 



0) r^ 



^ H_) J ^ ^ 



"£ S 5 IS 



O O O 43 43 0) 

fc £ £ Q Q Q 






g o 



<u 


7^ 


,d 


d 




q 






d 


r. 





* 


s£ 


a 


r 


s_i 


03 


O 




«4— 1 






-*-3 






1^ 


oL 


c 


d 


-n 






«4_ 


„ 


o 


— * 


S-i 


CO 


03 




i — | 


o 


a 


03 


a) 


p 



d be 



XJ 


a 




03 


Sh 




o 


o3 




a? 


3 


>> 


d 


O) 


o 


-d 


> 




O 


bD 


O 




o> 


j2 


-d 


T3 


>, 


,,_, 


c 


d 


d 


03 


o> 


a 






03 




o 


53 


X 


p, 


w 


O) 


-r 








w 


'd 




■+a 


d 

o 


o 






d 


S 






DQ 


-d 


d 




c 


k» 














DO 


^ 


d 


03 


rr 1 


6h 


o 


03 


"■■ 


*4-l 


bn 


0) 


d 


a 


> 


03 


o 


03 









OJ 1 


•±— 


> 1 


03 


c5 .. 


X5 


~ ' 53 


M 


co O 




03 OJ 








c3 <d 








C£ 33 





s 


g 


c 


S 


a 


g 


c 
















u 




■£ 


«2 


o 


c 


c 


s 


O 




h 


S-. 




u 




. 


._ 




0) 


33 


43 




13 








a 


S 




i 




ft 


a 




£ 


c 


O 


c 


C 


F 


2 


■£ 


ft 


ft 


ft 


a 


G 


ft 




a 


c 


c 


c 


c 


c 


d 


c 




— 


•- 


-a 


-^ 


— 


7"! 


-d 








c 


c 


d 


d 


c 




c3 


oj 


03 


53 


gd 


03 


c3 




"c 


- 


= 


3 


■fl 


"5 


3 




£ 


k 


i 


? 


p 


? 


is 






bJ 


03 


ert 


crt 


03 


03 




^ 


Hi 


*4 


i-l 


hj 


1-1 




































« 
















M 

u 

o3 
-C 










C 

03 

a 






o 


























N 






















C 










0> 






°C 


X 








^3 






o 


u 
ca 
bfl 

c 




C 

43 




C 
03 










d 




d 
so 








c 


tn" 


"n 


>> 


>. 


>> 


>> 








a 


fl 


s 


03 




c 

J3 


d 


J2 
S 


o 


03 


"= 
t; 


"d 




<1 


3 


W 


hJ 


1-1 


«! 


< 


43 
















































































fcjj 
















































En 
































o 
















43 


C 




c 


O 








s 






o 










M 

C 

03 


'5 


ft 
2 


- 

pq 


>5 


d 

c 


03 

c 

03 




w 
§1 

a 



.c 
H 


o 

Q 

03 


< 


o 
o 

"3 
1 



Q 


fti 

u 
03 

O 

P4 


o 
O 
d 

!-, 

ea 

X3 

e 


OJ 
43 

c 

bJ3 

<! 


03 
































































c! 
































B| 






ej" 




of 












= 


>, 


a 






^j 




si 




el 






- 

o 




*>> 


03 


> 


d 
o 


c 
o 


02 


£ 




C 


► 


C 

d 


Li 


c 




a; 










03 


43 




fc 


a 


Ph 


fc 


PlH 


> 


> 




OS 


*d 


io" 


Os" 


kO 


on 


X* 


2 S3 ® 


i* 


1-1 


N 




1-1 


1-1 


1-1 




© 














#« 


0) 

* G 
o3 
hs 


9 

>-9 


C 




a 


a 


■c 




s 


< 


<3 


<! 



140 



ATTOEXEY-GENERAL'S REPORT, 



[Jan. 





3 


a 


a 


a 


g 


a 


a 


a 


g 


a 


a 


a 




» 








t- 






I* 












o 


o 


z 


o 


o 


o 


o 


O 


o 


o 


o 


o 






u 


u 


t- 


hi 




(h 




u 


u 


h 


t~ 
































ft 




ft 


ft 


ft 


ft 


a 


ft 


ft 


ft 


ft 




o 


o 


- 


o 


o 


o 


o 


n 


O 


o 


o 


o 






S- 












u 












ft 


ft 


ft 


ft 


ft 


ft 


ft 


ft 


ft 


ft 


a 


ft 


o 


s 


c 


3 


3 


3 


3 


3 


3 


3 


3 


3 


3 




-3 


TS 


73 


73 


73 


— 


-3 


73 


73 


T5 


73 


73 




3 




3 


3 


3 


3 


3 


3 


3 


d 


3 




03 


3 


3 


rt 


3 




3 


3 


3 


3 


3 


3 




3 


3 














r 


~ 


3 


3 




* 


V 


£ 


s 


& 


£ 


S 


|5 


1* 


\t 


is 


£ 




3 


Bl 


oil 


3 


3 


3 
















Hi 


fa 


Hi 


^ 


1-1 


^ 


h-1 


fa 


>-* 


fa 


fa 


fa 


























>* 




























73 

03 

a 
-3 










£ 














01 

ft 

s 








- 


£ 














ft 










^ 


ft 














73 


<u 






















V 


a 








S3 


ft 














% 


o 






of 




3 


*»" 












Ih 




>* 


>* 


a 
ft 


3 

0J 

a 

3 


C 
co 

o> 

ft 


o> 

d 


>> 




is* 


^ 


o> 

c 

3 


tag 

3 




3 


3 


Tl 


bfi 


N 


- 




3 


—^ 






o 
3 


o 
(- 

3 


-2 

13 


3 
3 
J2 


_S 


a 


3 


.- 


3 


3 


3 
3 


a 




fa 


Hi 


fa 


< 


CO 


w 


fa 


H 


fa 


fa 


o 


fa 


6 


























> 








































































































tr 


























3 


























fa 





















































































— 






3 






_ 








1 






3 
O 




j£ 








•5 




1 




£ 


3 


.2* 


3 
>> 

CO 


3 
o3 

C 
r£ 

go 
0> 

E 

3 


a) 

3 


O 
O 
O 


- 


00 

CP 


a 

CO 


0) 

3 






ft 

o 

l-B 


01 

Q 

GO 

o 


fa 
o 

O) 
CO 

O 

1-5 


fa 
3 

go 
0> 

fa 


<i 

3 
-3 
(-, 
<U 

pq 


CO 

o 


o 

—. 

u 

0> 

< 


fa 
3 


fa 

-a 

3 

-r 
fa 


U 

3 
O 
u 

3 
« 


CD 
U 

3 
cu 

ft 

CO 

d 


0> 


























-3 




















































*J 














a* 






































«i 




03 








3 


X 












OJ 0> 




3 
e3 


tT 


-1 




3 
3 


ft 

a 




a 




































3^ 




>, 


03 


>* 


3 


in 


w 


0) 


3 


GO 


>H 




CO 


3 


d 
d 
0) 

fa 


>> 

3 




j2 
fa 


fa 


0) 


d 
3 

6 




5 

r— 1 




.2 

ia 
o 




© 


co* 




CO* 




>o 


i> 




o 


CO 


CO* 


CO* 




IN 






CM 




CN 










CN 


■ "5 ^ c 
fa*" 


®:3 
ft 


>> 
03 


0J 

3 

3 




ft 

O) 

00 


ft 

0> 
X 






C 


6 

• 


6 

X 

p 


01 

Q 



1908.] PUBLIC DOCUMENT— No. 12. 141 



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 de- 
livery up and return of any offender who has fled from the 
justice of this Commonwealth, must be made by the district or 
prosecuting attorney for the county or district in which the 
offence was committed, and must be in duplicate original pa- 
pers, 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 request, 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.