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INDEX-DIGEST.

ACCEPTANCE-Of Statute-Approved
by Majority of Qualified Voters 88
See STATUTE. 1.

Of Statute relating to Hours of Labor
Cities and Towns
See LABOR. 8.

ACCIDENT AND HEALTH DISA-
BILITY INSURANCE.
See INSURANCE.

ADJUTANT GENERAL

Volunteer
Militia Constitutional Law
Term of Office

546

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.

ADOPTION

AGENT

ADMINISTRATOR- Transfer to, of

Bonds of Commonwealth

See TREASURER AND RECEIVER-
GENERAL.

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567

Of State Minor Ward
Religious Faith
See STATE BOARD OF CHARITY.

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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.

104

124

47

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

216

ALCOHOL-In Proprietary_or Patent
Medicine or Food Preparation
State-
Label
Receptacle
ment of Contents
Where a proprietary or patent medicine or
food preparation containing alcohol is put up
in a glass bottle enclosed in a pasteboard

44

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292

. 113

To Constitution of Commonwealth 370
See CONSTITUTIONAL LAW. 11.

Taxation of Wild

To Constitution
or Forest Lands
See CONSTITUTIONAL LAW. 24.

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267

531

Slaughter or Killing
Meat from
Healthy Condition
Carcasses of Cattle infected with
Tuberculosis - Sale

208

St. 1908, c. 329, providing in section 1 that
"the sale, offer or exposure for sale, or delivery
of any
for use as food, of the carcass.
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
"does not
for not more than six months,'
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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Continued.

ATTORNEY-GENERAL
a function of the Legislature, and does not fall
within the scope of the duties of the Attorney-
General.

4.

471
The General Court has no authority to fix a
limit of time within which the Attorney-
General shall discharge his statutory duty of
advising the General Court or either branch
of it.

5.

Order fixing Limit of Time for
Performance of Duty to advise
General Court.


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.

6.

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Quo Warranto-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.

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AUTOMOBILES - - Cities and Towns
Special Regulations Statutory
Construction

26

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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3.

mission

78

99

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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116

Registration by Dealer Expira-
tion of Registration
The provision of St. 1903, c. 473, § 1, as
amended by St. 1907, c. 580, § 1, that "the
registration of every automobile or motor cycle
shall expire upon the first day of January in
each year," is applicable not only to automo-
biles or motor vehicles which are owned by
single individuals, but also to similar vehicles
when owned or controlled by dealers.

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Revocation

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BALLOT BOXES - Examination of, by
Ballot Law Commission - Dele-
gation of Legislative Authority
Constitutional Law
See ELECTIONS.

39

570

406

. 507

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BOARD

5.

Return by Executive
Limit of Time.
See GOVERNOR.

7.

...

- In Name

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Company
Par Value
See STREET RAILWAYS. 1.

BOARD OF RAILROAD COMMIS-
SIONERS
Procedure
Questions of Law or Fact-
Rulings

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.

-Approval of Bonds of Street Railway
- Sale at Less than

-

Certification of Bonds of Street
Railway Company as Legal In-
vestment for Savings Banks
Returns Returns including
Nine Months ending June 30,
1910

See SAVINGS BANKS. 5.

REGISTRATION

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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.

-

OF
PHARMACY.
See REGISTERED PHARMACIST.

€ 250

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Causes of
Sickness Contagious Diseases
- Right to enter Schools - In-
spectors of Health

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507

IN

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414

552

. 338

329

196

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,
§3, 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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BOSTON & MAINE RAILROAD
Extension of Line-Consolida-
tion with other Corporations

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.

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COMPANY
LawRates 1

380

The acquisition and control of the Concord
Street Railway and the extension of its line
from Concord to Manchester, by the Concord
& Montreal Railroad Company, was
acquisition and extension of a New Hampshire
corporation of its own line, under proper au-
thority from the State of New Hampshire, and
such acquisition and extension do not render
liable to forfeiture under the provision of law
above cited the charter of the Boston & Maine
Railroad, which operates the Concord &
Montreal Railroad under a lease authorized
by the Legislature of this Commonwealth.

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233

BOSTON ELEVATED RAILWAY
Constitutional
Street and Ele-
vated Railway Corporations
Impairment of Obligation of
Contract Discrimination
Equal Protection of Law

-

396

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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