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said savings department have been paid in full. The accounts and transactions of said savings department shall be kept separate and distinct from the general business of the corporation.
All income received from the investment of funds in said savings department, after deducting the expenses and losses incurred in the management thereof and such sums as may be paid to depositors therein as interest or dividends, shall accrue as profits to such corporation and may be transferred to its general funds.
It was the obvious purpose of the provisions of chapter 520, above quoted, to place a trust company, so far as possible, upon the same footing as a savings bank, and to require that it be conducted entirely separate from the general business of the trust company by which it is maintained. This being so, I am of opinion that the promise of a fixed dividend or rate of interest upon money deposited in the savings department of a trust company requiring for its maintenance a transfer of funds from the general banking department of the company to the savings department, is contrary to the provision of St. 1908, c. 520, § 3, above cited, that the accounts and transactions of the savings department shall be kept separate and distinct from the general business of the company, and is therefore unauthorized.
CIVIL SERVICE INSPECTORS OF SLAUGHTERING.
Inspectors of slaughtering nominated and appointed under the provisions of St. 1911, c. 297, § 6, as amended by St. 1911, c. 534, § 2, are included within the terms of Civil Service Rule 7, c. 11.
State Board of Health. 1912 October 21.
In behalf of the State Board of Health you have requested t my opinion as to whether, in view of the provisions of St. 1911, c. 297, and St. 1911, c. 534, relating to the nomination, appointment and removal of inspectors of slaughtering, the inspectors nominated and appointed under those provisions of law in cities are subject to civil service law and rules.
St. 1911, c. 534, is entitled, "An Act relative to the appointment of inspectors of slaughtering," and provides, in section 2, as follows:
Section six of chapter two hundred and ninety-seven of the acts of the year nineteen hundred and eleven is hereby amended by striking out said section and inserting in place thereof the following:- Section 6. For the purposes of this act inspectors shall be appointed, shall be compensated, and may be removed in accordance with the provisions of law relating to inspectors of animals, except that the appointment of such inspectors shall be made by the local boards of health and except that in respect to such inspectors the state board of health shall perform the duties and exercise the authority imposed by law upon the chief of the cattle bureau of the state board of agriculture in respect to inspectors of animals. The first appointments under this act shall be made within thirty days after its passage.
The provisions of law relating to inspectors of animals referred to are contained in St. 1912, c. 608, § 6, providing
The mayor and aldermen in cities, except Boston, and the selectmen in towns shall annually, in March, nominate one or more inspectors of animals, and before the first day of April shall send to the commissioner of animal industry the name, address and occupation of each nominee. Such nominee shall not be appointed until approved by the commissioner of animal industry.
The provisions of law, other than the civil service law, which are now in force with reference to the nomination, appointment and removal of inspectors of slaughtering may, therefore, be said to be in substance as follows: the boards of health in cities, except Boston, and the boards of health in towns shall annually, in March, nominate one or more inspectors of slaughtering, and before the first day of April shall send to the State Board of Health the name, address and occupation of each nominee. Such nominee shall not be appointed until approved by the State Board of Health. The aforesaid officials of cities and towns may remove any inspector, and shall thereupon immediately nominate another in his place and send notice thereof as prescribed above. In all cities at least one of the inspectors of slaughtering shall be a registered veterinary surgeon.
The question submitted, therefore, is whether, in spite of the fact that the Legislature has made provision by the statutes quoted for the nomination and appointment of inspectors of slaughtering by boards of health in cities, and for the approval by the State Board of Health of those appointed, and for the immediate filling of any vacancy which may occur, and in these statutes has made no express reference to the civil service law and rules, the position is nevertheless within the jurisdiction of the Civil Service Commission.
R. L., c. 19, authorizes the appointment of a civil service commission, and provides that the commissioners shall from time to time prepare rules regulating the selection of persons to fill appointive positions in the government of the Commonwealth and of the several cities thereof. Of the rules made under authority of that provision of law, Civil Service Rule 7, providing for the classification of the official service, includes, as class 11, "Inspectors other than inspectors of work and persons doing similar work, except railroad inspectors, in the service of the Commonwealth or of any city thereof."
In my opinion the term "inspectors," as used in the rule quoted, is sufficiently broad to include inspectors appointed under St. 1911, c. 534. The functions of the position of inspector of slaughtering, and the nature of the office itself, are not such as to bring the position within any of the general statutory exceptions from the application of the civil service law provided by R. L., c. 19, § 9, and its amendments. The fact that the successful performance of the work required in the position calls for the special qualification of professional training does not in itself except the position from the application of civil service law and rules. I am not aware of any statute which specifically excepts the office from the civil service law.
The position of inspector of slaughtering must, therefore, be held to be within the jurisdiction of the Civil Service Commission unless it can be said that the provisions of St. 1911, c. 297, and St. 1911, c. 534, show an intention on the part of the Legislature so inconsistent with the intention to subject the position
To the Director of the Bureau of Statistics.
1912 November 7.
to civil service law and rules as by implication to exempt the office therefrom.
In my opinion the statute is not so to be construed. At the time when the Statutes of 1911 were enacted inspectors in the service of cities were in the classified list of the civil service rules. The Legislature must be presumed to have known that the inspectors whose appointment was provided for by the Statutes of 1911 would be subjected to civil service law and rules unless they were expressly exempted therefrom by action of the Legislature. The Legislature is, therefore, in my opinion, to be considered as having provided that the local boards of health and the State Board of Health might respectively nominate, appoint and approve, but only subject to existing laws. It is to be noted that the effect of such construction is not to nullify the power of nomination, appointment and approval bestowed upon the local boards of health and the State Board of Health, but merely to limit those powers to the extent that nominations and appointments must be made from the certified list of the Civil Service Commission, and the procedure with reference to the nomination, appointment and removal of the officials in question must be governed by civil service law and rules.
TOWN NOTES CERTIFICATION DIRECTOR OF BUREAU OF
The vote of a town at a town meeting held on March 4, 1912, approving the action of the selectmen in asking the Legislature to authorize such town to refund its debt, and authorizing the selectmen "to refund said debt upon the passage of an act of the Legislature authorizing the same," does not constitute a valid acceptance of the authority to refund the debt in question, conferred by a statute passed on March 28 following, and the Director of the Bureau of Statistics should not certify notes issued in accordance with such vote.
You have requested my opinion as to what action should be taken by you with reference to a series of notes which the town of North Reading desires to issue under St. 1912, c. 343,
and which have been presented to you for certification under the provisions of St. 1910, c. 616, as amended by St. 1912, c. 45.
The facts from which the question arises are as follows: in the warrant for the town meeting of North Reading, held on March 4, 1912, appeared the following:
ARTICLE 16. To see if the town will approve of the action of the selectmen in asking the Legislature to authorize the town to refund its debt amounting to $9,600, and will authorize the selectmen to refund said debt upon the passage of an act of the Legislature authorizing the same.
Pursuant to that article the town voted as follows:
ARTICLE 16. Under Article 16, upon motion of Mr. A. G. Barber, voted to approve the action of the selectmen in asking the Legislature to authorize the town to refund its debt amounting to $9,600, and to authorize the selectmen to refund said debt upon the passage of an act of the Legislature authorizing the same.
The act of the Legislature upon the subject-matter referred to in the vote of the town was passed as St. 1912, c. 343, on March 28, 1912, and took effect upon its passage. That act provides as follows:
SECTION 1. For the purpose of paying certain outstanding notes amounting to nine thousand six hundred dollars, the town of North Reading is hereby authorized to borrow the said sum and to issue notes therefor. One of the said notes shall be payable in each year after the said loan is made, and the amount of the first nine notes so issued shall be one thousand dollars each, and the amount of the tenth note shall be six hundred dollars. The said notes shall be signed by the treasurer and countersigned by the selectmen of the town, and shall bear interest at a rate not exceeding four and one half per cent per annum. The money required to pay the interest on said notes in each year, and that part of the principal which becomes due in that year, shall be raised by taxation in the same manner in which the other expenses of the town are provided for.
SECTION 2. This act shall take effect upon its passage.
The specific question presented by you is whether the vote quoted above constitutes sufficient authority to warrant the issue of the notes in question and their certification by you without further vote of the town.