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INDEX-DIGEST.

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The provisions of chapter II., section I.,
Article X. of the Constitution of the Common-
wealth, that "the governor shall appoint the
adjutant general," does not impose a limitation
upon the authority of the General Court to fix
and determine the tenure of office of the adju-
tant general, and a provision in a proposed
act having for its purpose the revision of the
organization of the volunteer militia, that
'the term of office of the adjutant general
shall be five years from the passage of this
act," would not be unconstitutional.

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ALCOHOL- Continued.

wrapper, the provisions of St. 1906, c. 386,
§ 1, as amended by St. 1907, c. 259, § 1,
requiring that "upon every package, bottle
or other receptacle holding any proprietary or
patent medicine or any proprietary or patent
food preparation which contains alcohol.
shall be marked or inscribed a statement on the
label of the quantity or proportion of each of
said substances contained therein," are com-
plied with if a proper statement is inscribed
upon the pasteboard wrapper, so long as such
bottle is contained therein. If, however, the
glass bottle is removed from such wrapper and
separately sold or offered for sale, the statutes
above cited would require a statement of the
quantity or proportion of alcohol contained
in such bottle to be inscribed upon the bottle
itself.

ALLOWANCES FOR TRAVEL-Em-
ployees of Commonwealth
See FEES.

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. 292

113

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ANIMALS

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Carcasses of Cattle infected with
Tuberculosis Sale

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531

. 208

St. 1908, c. 329, providing in section 1 that
"the sale, offer or exposure for sale, or delivery
for use as food, of the carcass
of any
animal which has come to its death in any
manner or by any means otherwise than by
slaughter or killing while in a healthy condition

shall be punished by a fine of not more
than two hundred dollars or by imprisonment
for not more than six months,' does not
permit meat derived from the carcasses of
cattle infected to any degree with tuberculosis
or any other disease to be sold as food within
this Commonwealth.

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5.

Trust

- Public Charitable Trust
Fund Mandamus
588
Under the provisions of R. L., c. 7, § 6,
which makes it the duty of the Attorney-
General to enforce the due application of funds
given or appropriated to public charities
within the Commonwealth, and to prevent
breaches of trust in the administration thereof,
the Attorney-General will not sanction, by the
use of his name upon a petition for a writ of
mandamus, the expenditure of trust funds for
the purpose of deciding a purely technical
question, when in his opinion no public ad-
vantage will be served thereby.

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- Local Question-
Statute General and Particular
- City Charter of Marlborough
- Superintendent of Streets
Appointment

593

R. L., c. 26, § 36, which provides that "no
member of the city council shall, during the
term for which he was chosen, either by ap-
pointment or by election of the city council
or of either branch thereof, be eligible to any
office the salary of which is payable by the
city," is superseded with respect to the city
of Marlborough by St. 1890, c. 320, § 17, the
charter of such city, providing that "no person
shall be eligible by appointment or election

to any office of emolument the salary of
which is payable out of the city treasury, who
at the time of such election or appointment is
a member of the city council;" and an alder-
man of such city elected for the year beginning
in January, 1908, who has taken the oath of
office and participated in the business trans-
acted by the board of aldermen, and upon the
sixth day of January has resigned therefrom,
may legally be appointed superintendent of
streets by the mayor.

An information in the nature of quo war-
ranto will be signed by the Attorney-General
only when the construction of a law which
affects the public generally is involved, or
where the Commonwealth is interested in the
determination of the question raised; and he
will not sign such an information for the pur-
pose of determining a question purely local
in its application.

Authority to bring Proceedings for
the Benefit of Private Individ-

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A regulation adopted by the selectmen of a
town, fixing the speed limit for automobiles
and motor cycles throughout such town "in
fire district, 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 established 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.

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Under the provisions of St. 1903, c. 473, § 8,
as amended by St. 1905, cc. 311 and 366, and by
St. 1906, c. 412, which enacted that local au-
thorities "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 ex-
clusion 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 regula-
tion; and, in the absence of protest as therein
provided, it becomes the duty of the Massachu-
setts Highway Commission to post such regu-
lation conspicuously on sign boards at such
points as the commission may deem neces-
sary.

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BALLOT BOXES — Examination of, by
Ballot Law Commission- Dele-
gation of Legislative Authority
Constitutional Law

See ELECTIONS.

507

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Questions of Law or Fact
Rulings

507

250

31

414

552

511

The provision of St. 1906, c. 463, Part III.,
§ 157, that the Supreme Judicial Court or the
Superior Court shall have jurisdiction in equity
"to review, annul, modify or amend the rulings
of any State board or commission relative to
street railways. . ." does not require the
Board of Railroad Commissioners to make
formal rulings upon questions of law or issues
of fact with respect to which the performance
of their duties does not call upon them to
make a decision.

If, however, the determination of a question
of law is involved in the decision of the Board
upon any matter of administration properly
before them, they may express such determina-
tion in the form of a ruling.

Approval of Bonds of Street Railway
Company Sale at Less than

-

Par Value
See STREET RAILWAYS. 1.

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329

BOARDS OF HEALTH—Continued.

A local board of health may, under its gen-
eral authority conferred by R. L., c. 75, if in
fact a contagious disease as a cause of sickness
is found in a school, or if such board has reason-
able and proper grounds for believing that a
contagious disease may be found therein, enter
such school and make all necessary examina-
tions in the premises, and, if pupils suffering
from contagious diseases dangerous to the
public health are found, may remove such
pupils to a hospital or quarantine station, but,
in the absence of any reasonable grounds for
believing that contagious disease existed in a
school, such board or its agents would have no
authority to enter therein for the purpose of
making an examination of the physical condi-
tion of the pupils in attendance.

State inspectors of health, acting under their
general powers as defined in St. 1907, c. 537,
83, providing that such an inspector "shall
gather all information possible concerning the
prevalence of tuberculosis and other diseases
dangerous to the public health within his dis-
trict," would not be authorized to enter a
school or hospital for the purpose of making
a physical examination of individual pupils or
patients.

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338

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196

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Of Corporation Value in
Excess of Value of Mortgaged
Real Estate

See TAXATION. 1.

Sav-

24

Of a Railroad Corporation having
no Completed Roadbed

ings Banks - Legal Investments 43
See SAVINGS BANKS. 1.

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quisition by Boston Railroad
Holding Company Restraint
of Trade

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See BOSTON RAILROAD HOLDING
COMPANY. 1.

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183

233

280

329

338

431

Investment for Savings Banks. 462
See SAVINGS BANKS.

6.

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Veterinary Medical Inspector

Veterinarian

See CIVIL SERVICE. 9.

Appropriation for Museum of Fine

Arts

See CONSTITUTIONAL LAW. 13.

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368

380

Liability to Forfeiture of Charter 199
The ownership and control of the Portsmouth
Street Railway and the purchase of the Eastern
Railroad Company, both corporations of the
State of New Hampshire, by the Boston &
Maine Railroad, were duly authorized by the
Legislature of this Commonwealth, and such
acquisition and control do not render the
charter of the Boston & Maine Railroad liable
to forfeiture under the provision of St. 1906,
c. 463, part II., § 47, that "if a railroad cor-
poration owning a railroad in this common-
wealth and consolidated with a corporation
owning a railroad in another state
without authority of the general court,
extends its line of railroad, or consolidates with
any other corporation,. the charter and
franchise of such corporation shall be subject
to forfeiture."

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Acquisition of Stock, Bonds and
Other Evidences of Indebtedness
Restraint of Trade

See BOSTON RAILROAD HOLDING
COMPANY. 1.

BOSTON ELEVATED RAILWAY

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233

396

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A proposed bill, providing that "on all street
and elevated railways in this commonwealth
the fares which are now five cents shall be
reduced to three cents between the hours of

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