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INDEPENDENT INDUSTRIAL SCHOOLS NON-RESIDENT PUPILS -
TUITION FEES MAINTENANCE FUND - DISPOSITION OF
REVENUE CITIES AND TOWNS - MONEY RECEIVED FROM
FEES FOR GRANTING LICENSES FOR THE SALE OF INTOXI-
CATING LIQUOR.

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St. 1908, c. 572, § 4, which permits the attendance of non-resident pupils at an independent industrial school "upon payment by the city or town of his residence of such tuition fee as may be fixed by the" State Board of Education, authorizes such Board to establish a tuition fee for such attendance which in the view of the Board is fair and reasonable under all the circumstances of the case. Tuition fees received from non-resident pupils, and revenue arising from compensation for the work of pupils or from a sale of the products of an independent industrial school, should be applied to the maintenance of such school.

Money received by a city or town from fees for the granting of liquor licenses and appropriated to the maintenance fund of an independent industrial school is not "money raised by local taxation" or "money donated or contributed," within the meaning of St. 1906, c. 505, § 5, as amended by St. 1909, c. 540, providing that where "a city, town or district, either by moneys raised by local taxation or by moneys donated or contributed, has maintained an independent industrial school, the commonwealth, shall pay . . . to such cities, towns or districts a sum equal to one half the sum raised by local taxation," and no account should be made thereof in the reimbursement provided for in such section.

Board of

You have submitted to me for my opinion certain questions To the State involving the construction of St. 1906, c. 505, as amended by Education. St. 1908, c. 572, and St. 1909, c. 457, to which I reply as fol- June 27. lows:

1910

1. "May the Board fix the tuition for non-resident pupils as

per section 4, chapter 572, Acts of 1908, at that figure in each case which seems to it fair and reasonable under all the circumstances, or is it bound to determine that tuition fee upon any particular principle?"

The attendance of pupils at industrial schools established in cities or towns other than that in which such pupils reside is provided for by section 4 of chapter 572 of the Statutes of 1908, which permits such attendance "upon payment by the city or town of his residence of such tuition fee as may be fixed by said. commission," the commission being the Commission on Industrial Education, whose powers and duties, by the provisions of St. 1909, c. 457, devolved upon the commission created thereby

by a consolidation of such commission with the Board of Education. No particular principle upon which tuition fees may be determined for non-resident pupils is provided by the act, and I am of the opinion that such tuition fee should be a sum which in the view of the Board is fair and reasonable under all the circumstances of the case.

2. "Should the receipts from non-resident pupils be applied to the maintenance fund, the construction fund or the equipment fund of independent industrial schools?"

By section 5 of chapter 505 of the Statutes of 1906 it is provided that:

Whenever any city or town . . . shall appropriate money for the establishment and equipment and maintenance of independent schools for industrial training, the commonwealth, in order to aid in the maintenance of such schools, shall pay annually from the treasury to such cities, towns, a sum proportionate to the amount raised by local taxation and expended for the support of schools for each thousand dollars of valuation, as follows: .

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I am of opinion that this provision of law does not contemplate that the Commonwealth should contribute toward the expense of construction or equipment of independent industrial schools, and that the tuition fee so received should be applied to the expenses of maintenance.

3. "Should the revenue arising from compensation for the work of pupils or from a sale of the products of a school be applied to the maintenance fund, the construction fund or the equipment fund?”

As I have already said, the law does not contemplate that the Commonwealth should share in any of the expenses of estab lishing, constructing or equipping an independent industrial school, and its responsibility in the premises begins when a city or town has appropriated money raised by taxation for the purpose of maintenance. It seems to me that the proper view to take of receipts of this character is to apply them to the maintenance of the school, so that they, together with tuition fees and other receipts which do not represent money raised by tax

ation, may serve to diminish both the amount to be raised by the city or town by taxation and the amount to be reimbursed by the Commonwealth. Thus, the expense of purchasing raw materials to be worked by the pupils into a salable product might well be charged against the sums received therefor, and the net profit be applied to the maintenance of the school.

4. "In the case of one independent industrial school, the city authorities have transferred liquor license money to the maintenance fund of the school. Does such money constitute a part of the sum raised by local taxation for the maintenance of the school, within the meaning of chapter 540, Acts of 1909, for which reimbursement should be made by the State?"

It is provided in St. 1906, c. 505, § 5, as amended by St. 1909, c. 540, that:

Upon certification by the board of education to the auditor of the commonwealth that a city, town or district, either by moneys raised by local taxation or by moneys donated or contributed, has maintained an independent industrial school, the commonwealth, in order to aid in the maintenance of such schools, shall pay annually from the treasury to such cities, towns or districts a sum equal to one half the sum raised by local taxation for this purpose: provided, that no payment to any city or town shall be made except by special appropriation by the legislature.

Money received by a city or town from fees for liquor licenses is neither "money raised by local taxation" nor "money donated or contributed," and therefore no account should be made thereof in the reimbursement provided for under the section quoted.

To the
Massachusetts
Highway
Commission.

1910 June 28.

MASSACHUSETTS HIGHWAY COMMISSION MOTOR VEHICLES
OWNED BY UNITED STATES GOVERNMENT - CERTIFICATE
OF REGISTRATION - FEES.

Under St. 1909, c. 534, which in section 2 requires the registration of motor vehicles, and in section 29 fixes the fees to be collected therefor, with the further provision that the Massachusetts Highway Commission "may issue certificates of registration for motor vehicles and licenses to operate the same to any member of the foreign diplomatic corps without the payment of the fees therefor," such commission is not authorized to issue a certificate of registration without the payment of fees for motor vehicles owned by the government of the United States.

You request my opinion as to whether the Massachusetts Highway Commission has the power to issue for motor vehicles owned by the United States government certificates of registration and number plates without the payment of fees.

On May 8, 1908, I advised your commission as follows:

I am of opinion that the motor vehicles in question are exempt from registration. They are means employed by the government of the United States to execute its constitutional powers, and therefore are exempt from taxation and registration in this Commonwealth.

St. 1909, c. 534, requires the registration of motor vehicles (section 2), and fixes the fees to be collected therefor (section 29). The only provision for furnishing certificates of registration for motor vehicles without the payment of fees is contained in the last paragraph of section 29, which provides that "the commission may issue certificates of registration for motor vehicles and licenses to operate the same to any member of the foreign diplomatic corps without the payment of the fees therefor." There is, therefore, no express authority for the issuing of certificates of registration for motor vehicles owned by the United States government without the payment of fees. Since the statute requires the payment of fees in the case of all persons except members of the foreign diplomatic corps, there is no authority in the commission to issue, without the payment of fees, certificates of registration to the United States government. In view of the express provision in favor of members of the for

eign diplomatic corps, no such provision can be implied in favor of the United States government.

According to the earlier ruling, certificates of registration are not required for motor vehicles owned by the United States government. If, however, certificates are desired as a matter of convenience, they must be paid for.

Of course the rule as to number plates follows the rule as to certificates, since the commission is required (see section 2) to furnish, without charge, number plates to persons whose automobiles are registered according to statutory provisions.

LICENSE INTOXICATING LIQUORS - LICENSED

PREMISES CERTIFICATE OF INSPECTOR OF FACTORIES AND PUBLIC BUILDINGS HOTEL LODGING HOUSE-TEN OR MORE

ROOMS ABOVE THE SECOND STORY.

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The provisions of R. L., c. 104, § 49, requiring that the certificate of an inspector
of factories and public buildings shall be obtained before an innholder's
license or a license to sell intoxicating liquors may be granted for any premises,
is not applicable, under R. L., c. 104, § 25, as amended by St. 1905, c. 347,
and St. 1907, c. 503, § 1, to a hotel in which not more than ten persons lodge
or reside above the second story.

In section 33 of chapter 104 of the Revised Laws, providing in part, that "the
owner,
lessee, proprietor or manager of a hotel, which is not otherwise suitably
provided with fire escapes, or a lodging house which contains ten or more
rooms above the second story, shall place a knotted rope. . . for use
as a fire escape in every room of said hotel or lodging house used as a lodging
room, except rooms on the ground floor," the words "which contains ten or
more rooms above the second story" apply to and describe a lodging house,
and have no reference to the word "hotel" in said section.

Your letter of May 27 submits for my consideration certain To the inquiries, of which the first is as follows:—

Chief of the
District Police.
1910
June 29.

Is a certificate of an inspector of factories and public buildings required before an innholder's license or a license to sell intoxicating liquors can be granted by the city or town authorities (excepting city of Boston) for a hotel which is less than three stories in height, or has less than ten rooms above the second story, or in which less than ten persons lodge or reside above the second story?

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