though limited to carriers who are in uniform, does not tend to promote the public safety, the public health or the public convenience. It does not benefit the public generally, but is "an arbitrary enactment in favor of the persons spoken of" (i.e., United States letter carriers in uniform). See Lake Shore & Michigan Southern Ry. Co. v. Smith, supra, p. 699. No reason appears which justifies the discrimination between United States letter carriers in uniform, as a class, and all other persons. See Lake Shore & Michigan Southern Ry. Co. v. Smith, supra, pp. 694, 695; Interstate Railway Co. v. Massachusetts, supra. For these reasons I am of opinion that a statute "requiring street railway companies to carry free on their passenger cars United States letter carriers in uniform, in the city or town in which they are employed," would not be constitutional and valid. To the Senate. 1911 May 1. INTOXICATING LIQUORS LICENSE LICENSED PLACE — In R. L., c. 100, § 13, as amended by St. 1910, c. 476, § 1, providing in part that A proposed bill providing that a licensed place "may consist of one or more rooms or premises adjoining but having no interior connection or means of communication with each other," would directly affect the provisions of R. L., c. 100, § 13, as amended by St. 1910, c. 476, § 1, for the reason that under its provisions a license of the fourth or fifth class might be exercised with a license of any of the first three classes at a single licensed place, although in a room or rooms physically separated from those in which was exercised any license of the first three classes. I have to reply to an order of the Honorable Senate requesting my opinion upon the following questions of law: (1) Whether or not the provisions of section 1 of the bill now pending before the Senate, and printed as Senate Bill No. 454, a copy of which is transmitted herewith, directly or indirectly nullify or repeal the provisions of chapter 476 of the Acts of 1910, being an act relative to the granting of licenses for the sale of intoxicating liquor? (2) Is the definition of "licensed place" in the accompanying bill, printed as Senate Bill No. 454, inconsistent with the meaning of the "place which may be licensed" under the provisions of chapter 476 of the Acts of 1910? (3) Does the existing law regarding the sale of intoxicating liquors permit two separate licensed rooms, if adjoining but having no interior connection or means of communication with each other, to be counted as one "place licensed for the sale of such liquors" within the meaning of chapter 476 of the Acts of 1910? Section 1 of chapter 476 of Statutes of 1910 amended Revised Laws, chapter 100, section 13, by inserting at the ninth and tenth lines the following provision: Nowhere in the commonwealth shall a fourth or fifth class license be granted to be exercised upon the same premises with a license of any of the first three classes, except that a licensed innholder, who has a license of any of the first three classes may likewise be granted a license of the fourth or fifth class for the purpose of supplying liquor to guests who have resorted to his inn for food or lodging. Section 13, therefore, now reads as follows: In cities and towns which vote to authorize the granting of licenses for the sale of intoxicating liquors, the number of places licensed for the sale of such liquors shall not exceed one for each one thousand of the population as ascertained by the last preceding national or state census, but one such place may be licensed in any town having a population of less than one thousand. In Boston, one such place may be licensed for each five hundred of the population, but in no event shall the total number of licensed places therein exceed one thousand. Nowhere in the commonwealth shall a fourth or fifth class license be granted to be exercised upon the same premises with a license of any of the first three classes, except that a licensed innholder, who has a license of any of the first three classes may likewise be granted a license of the fourth or fifth class for the purpose of supplying liquor to guests who have resorted to his inn for food or lodging. No more than one license shall be granted by any one vote of the licensing board. Such licenses shall be numbered in regular order as granted, and any license granted contrary to, or in excess of, the provisions of this section shall be void; but in a town voting as aforesaid at its last annual town meeting which has less than five thousand permanent residents according to the last preceding state or national census but has an increased resident population during the summer months, the selectmen may, on or before the fifteenth day of May in any year, apply to the chief of the bureau of statistics of labor to have an enumeration made of the temporary or summer residents of such town. Said chief shall thereupon make such enumeration, between the twenty-third and the twentyeighth day of June next following, under such rules as he shall establish. A person who has not been a resident of such town for at least three days preceding the enumeration shall not be regarded as a temporary or summer resident thereof. Said chief may employ, for such enumeration, such persons as may be necessary, who shall in all cases be residents of the town if suitable and competent persons can be found; otherwise, non-residents may be employed. The chief shall report the total number of such temporary or summer residents to the selectmen of the town on or before said twenty-eighth day of June. The expenses incurred in making such special enumeration shall be paid by the commonwealth. The treasurer and receiver general shall thereupon issue his warrant, as provided in section thirty-four of chapter twelve, requiring the assessors of such town to assess a tax to the amount of the expense incurred in making this special enumeration, and such amount shall be collected and paid over to the treasurer and receiver general in the same manner as other state taxes. The selectmen may, in April, receive applications for such licenses and investigate and publish the same; and may grant one such license for each five hundred of such temporary resident population, not including the permanent inhabitants of such town, as ascertained by said special enumeration, to take effect on the first day of July and to expire on the first day of October next following. A selectman, member of a licensing board or census enumerator who violates any provision of this section shall be punished by a fine of five hundred dollars. Section 18 of chapter 100 of the Revised Laws contains a definition of the five classes of licenses hereinbefore referred to. First class. To sell liquors of any kind to be drunk on the premises. Second class. To sell malt liquors, cider and light wines containing not more than fifteen per cent of alcohol, to be drunk on the premises. Third class. To sell malt liquors and cider, to be drunk on the premises. Fourth class. To sell liquors of any kind, not to be drunk on the premises. Fifth class. To sell malt liquors, cider and light wines containing not more than fifteen per cent of alcohol, not to be drunk on the premises. The bill which in the order of the Honorable Senate is stated to be now pending before that body provides in section 1 that- A license of the fourth or fifth class to sell intoxicating liquors may be granted and issued to be exercised with a license of any of the first three classes in any place licensed for the sale of intoxicating liquors. Within the meaning of this act a licensed place may consist of one or more rooms or premises adjoining but having no interior connection or means of communication with each other. Each license when so issued shall specify the room or rooms or premises in such licensed place in which each license is to be exercised and no sales of intoxicating liquors shall be made under a fourth or fifth class license in any room or rooms specified in a license of any of the first three classes, or having, except in licensed inns, any interior connection or means of communication with the room or rooms where intoxicating liquor is sold under a license of any of the first three classes. The answers to the specific inquiries above quoted must depend upon the definition given to the words "places licensed" as found in section 13 of chapter 100 of the Revised Laws, and "licensed premises" as used in said chapter. The latter term clearly signifies the premises described in the application for the license, and in the license itself, as those upon which such license is to be exercised and enjoyed. See R. L., c. 100, §§ 14, 15 and 17. Upon careful consideration of these and other provisions contained in chapter 100 of the Revised Laws, I am of opinion that the "licensed places" referred to in section 13 must be construed to mean places where a license is to be exercised; or, in other words, the places of business described in the application for the license, in the notice of such application and in the license itself, as provided in sections 10, 13 and 14, and that in meaning this phrase is identical with "licensed premises," except in cases where two or more licenses are granted to the same person to be exercised upon the same premises, in which case all such licenses, being exercised upon the same premises, would be exercised at one licensed place, and the number of licensed places with reference to population would not be increased thereby. Upon this construction of the phrases "licensed premises' and "licensed places," St. 1910, c. 476, § 1, as hereinbefore quoted, in providing that fourth and fifth class licenses shall not be granted to be exercised upon the same premises with a license of the first three classes, except in the case of a licensed innholder, in effect requires that licenses of the fourth and fifth classes shall not be exercised at licensed places where a license of the first three classes is exercised, with the result that the number of licensed places will be increased to the extent that fourth and fifth class licenses are granted to licensees who are not innholders and who must, therefore, exercise such licenses upon licensed premises not described in any license of the first three classes. Senate Bill No. 454, to which the first and second inquiries of the Honorable Senate are directed, defines a licensed place as "one or more rooms or premises adjoining but having no interior connection or means of communication with each other," and provides that a license of the fourth and fifth classes may be exercised at the same licensed place with a license of any of the first three classes, or, in substance, that a licensed place may include two or more licensed premises described in separate licenses. Such, in my opinion, being the effect of the proposed bill, I reply specifically to the inquiries of the Honorable Senate as follows: 1. I am of opinion that while Senate Bill No. 454 cannot be said to directly or indirectly nullify or repeal the provisions of chapter 476 of the Acts of 1910, it does directly affect such provisions in that, under existing laws, as above construed, a fourth or fifth class license may not be exercised in the same licensed place or upon the same premises with a license of the first three classes, whereas, under the proposed bill a license of the fourth or fifth class may be exercised with a license of any of the first three classes at a single licensed place although not upon the same licensed premises, with the result that the number of licensed places will be substantially the same as they were before the enactment of St. 1910, c. 476, although licenses of the fourth and fifth classes must still be exercised in a room or rooms physically separated from the room or rooms in which was exercised any license of the first three classes. 2. I am of opinion that the definition of "licensed places" in Senate Bill No. 454 is inconsistent with the definition of |