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.
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.
Carcasses of Cattle infected with Tuberculosis Sale
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.
- 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.
- Local Question- Statute General and Particular - City Charter of Marlborough - Superintendent of Streets Appointment
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-
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.
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.
BALLOT BOXES — Examination of, by Ballot Law Commission- Dele- gation of Legislative Authority Constitutional Law
Questions of Law or Fact Rulings
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.
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.
Of Corporation Value in Excess of Value of Mortgaged Real Estate
Of a Railroad Corporation having no Completed Roadbed
ings Banks - Legal Investments 43 See SAVINGS BANKS. 1.
quisition by Boston Railroad Holding Company Restraint of Trade
See BOSTON RAILROAD HOLDING COMPANY. 1.
Investment for Savings Banks. 462 See SAVINGS BANKS.
Veterinary Medical Inspector
Appropriation for Museum of Fine
See CONSTITUTIONAL LAW. 13.
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."
Acquisition of Stock, Bonds and Other Evidences of Indebtedness Restraint of Trade
See BOSTON RAILROAD HOLDING COMPANY. 1.
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
« PreviousContinue » |