BOSTON ELEVATED RAILWAY

COMPANY- Continued.

six and eight in the morning and five and seven
in the evening," would, in the case of the
Boston Elevated Railway Company, be un-
constitutional and void because it would
impair the obligation of the contract estab-
lished by the charter of that corporation
(St. 1907, c. 500, $ 10) authorizing such cor-
poration to establish and take a toll or fare
not exceeding five cents, which sum should not
be reduced by the Legislature during a period
of twenty-five years after the passage of such
statute. Such proposed bill would not be
unconstitutional as to other street or elevated
railway corporations as constituting so unjust
a discrimination in favor of the Boston Ele-
vated Railway Company and against such
other companies as to deny the latter the equal
protection of the laws.

es-

St. 1897, c. 500, § 10, which provides that the
Boston Elevated Railway Company may
tablish, and take a toll or fare, which shall not
exceed the sum of five cents for a single con-
tinuous passage in the same general direction
upon the roads owned, leased or operated by
it," which sum shall not be reduced by the
legislature during the period of twenty-five
years, from and after the passage of this act,'
with the further provision that the Board of
Railroad Commissioners may, upon petition
and after notice and a hearing, reduce such
toll or fare, but that such toll or fare shall not,
without the consent of the corporation, be
so reduced as to yield less than a certain fixed
income, and which further provides that "said
corporation shall also provide free transfer
from elevated to surface and from surface to
elevated cars at all stations of the elevated
lines reached by surface lines and from one
elevated car or train to another at junction
points entitling a passenger to a continuous
ride in the same general direction," and such
further free transfers on all the surface lines
as may be required by the Board of Railroad
Commissioners, created a contract between
the Commonwealth and the Boston Elevated
Railroad Company; and a proposed amend-
ment to the section above quoted, providing
in part that such corporation "may establish
for its sole benefit a toll or fare which shall
not exceed the sum of five cents for a single
continuous passage between the terminals and
transfer points of said roads, and transfer
checks shall be issued or transfers made on
demand without additional payment, which
shall entitle the passenger to a continuous ride
from any station or transfer point to any other
station or transfer point on the system,"
such transfers to be issued from and between
midnight and 6 o'clock in the morning, on
cars leaving certain specified stations, so as to
render to passengers the same amount of serv-
ice during the hours from midnight to 6 o'clock
in the morning for the same fare as they receive

The proposed bill (now St. 1909, c. 519)
incorporating the Boston Railroad Holding
Company, which authorized such company
to acquire the stock, bonds and other evidences
of indebtedness of the Boston & Maine Rail-
road, and permitted any railroad corporation
existing under the laws of the Commonwealth
at the date of the passage of such bill to guaran-
tee the principal of and the dividends and in-
terest upon the capital stock, bonds, notes and
other evidences of indebtedness of the Boston
Railroad Holding Company, and to ac-
quire and hold such stock, bonds, notes and
other evidences of indebtedness, is not in
conflict with the provisions of the so-called
Anti-Trust Act, the Federal Statute of July 2,
1890 (26 Stat. 209), which provides in section 1
that "every contract, combination in the form
of trust or otherwise, or conspiracy in restraint
of trade or commerce among the several states,
or with foreign nations, is hereby declared
illegal."

2.

Taxation Excise Bonds -

Exemption from Local Taxation 250
A bill which establishes a special and dis-
tinct method for the taxation of the Boston
Railroad Holding Company, incorporated
under the provisions of St. 1909, c. 519, for the
sole purpose of acquiring and holding the
capital stock, bonds and other evidences of
indebtedness of the Boston & Maine Railroad,
and of voting upon the stock and collecting
and receiving dividends and interest upon the
stock, bonds and other evidences so acquired
and held, by imposing an excise tax upon such
corporation and exempting its bonds from
local taxation, is objectionable upon consti-
tutional grounds; first, because the franchise
to acquire and hold stock, bonds and other
securities, exercised by such corporation, is
not to be distinguished from the franchises of
other corporations which have been or may be
organized for similar purposes, and the impo-
sition of such excise upon a single corporation,
therefore, would not be reasonable, within the
meaning of article IV., section I., chapter I.,
part the second of the Constitution of Massa-
chusetts, which authorizes the Legislature to
impose and levy reasonable duties and excises;
and second, because there is no valid distinc-
tion between the bonds of such corporation
and the bonds of any other business corpora-
tion which may hold securities of like character,

BOSTON RAILROAD HOLDING

COMPANY - Continued.

and the exemption from taxation of such bonds
would have an effect to render the general tax
on property throughout the Commonwealth
unequal and disproportionate, and so be ob-
noxious to the Constitution; and the creation
of such exemption, therefore, would exceed the
constitutional authority of the Legislature "to
impose and levy proportional and reasonable
assessments, rates, and taxes, upon all the
inhabitants of, and persons resident, and
estates lying, within the said Commonwealth,"
as defined in the Constitution of Massachu-
setts, part the second, chapter I., section I.,
article IV.

231

commodations for Ten or More
Employees above Second Story
The word "establishment," as used in R. L.,
c. 104, § 22, which in part provides that "no
building more than two stories in height which
is designed to be used above the second story,
in whole or in part, as a factory, workshop or
mercantile or other establishment and has
accommodations for ten or more employees
above said story, shall be erected until

a copy of the plans thereof has been deposited
with the inspector of factories and public build-
ings for the district in which it is to be erected

.", refers to a single business organization,
and does not include a number of offices above
the second story which are independently oc-
cupied, and in none of which are ten or more
persons employed.

Expense of destroying Gypsy and
Brown-tail Moths and Nests

Value of Land includes Buildings 34
See GYPSY AND BROWN-TAIL
MOTHS. 1.

CANDIDATE - Death on Morning of
Election Day - Special Election 457
See ELECTION LAWS. 1.

CATTLE- Infected with Tuberculosis
Sale of Meat from Carcasses of 208
See ANIMALS.

-

Fran-
De-

249

CERTIFICATE

52

Storage Iron Tank for

-

Intoxicating Liquors

Certificate of Inspector of Fac-
tories and Public Buildings
Lodging House Ten or More
Rooms above the Second Story. 319
See LICENSE.

1.

-

- Registered Pharma-
cist Sale of Intoxicating Liquor 50
See REGISTERED PHARMACIST. 2.

2.

31

Authority to increase Holdings of
Real or Personal Property
Corporations specially chartered for chari-
table or benevolent purposes may, without
express legislative authority, increase the
amount of real or personal property held by
them, in accordance with the provisions of
R. L., c. 125, § 8, that any such corporation
may hold real and personal estate to an amount
not exceeding $1,500,000.

Quære, as to the effect of R. L., c. 125, § 12,
providing that any such corporation formed
before July 27, 1874, upon compliance with the
requirements of such section, may accept the
preceding sections of such chapter, and there-
upon shall have the powers and privileges
and shall be subject to the duties and liabilities
of corporations formed under said sections."

Under the provisions of R. L., c. 27, § 18,
that cities and towns may renew or refund any
debts in securities payable within the period
fixed by section 11 of such chapter, a note
issued by a town to renew or refund a debt
incurred for schoolhouse construction, and
payable within the required period of twenty
years from the date of the original issue, is a
valid obligation of such town.

2.

- Harvest and Sale of Ice
tion

-

-Taxa-

109
A proposed bill, entitled "An Act to au-
thorize the city of Holyoke to harvest and sell
ice at wholesale," which in part provides for
the raising of money by taxation to directly
defray the cost of the carrying on by such city
of the business of harvesting and selling ice,
or for the repayment of loans made for such
purpose, is unconstitutional, as authorizing
the raising of money by taxation for a purpose
not public in its nature.

3.

327

Money borrowed in Anticipation
of Taxes Limit of Authority
to issue Notes in Payment
Under the provisions of R. L., c. 27, § 6,
authorizing a city or town, by a majority vote,
to "incur debts for temporary loans in
anticipation of the taxes of the municipal
year in which such debts are incurred and
expressly made payable therefrom by such
vote," a town may not legally issue notes for
debts incurred in anticipation of taxes in any
one year when such debts exceed in the aggre-
gate the total amount which the town has by
vote authorized to be so borrowed

A town may not, under the provisions of
R. L., c. 27, § 6, authorize an amount to be
borrowed in anticipation of taxes which ex-
ceeds the amount of the tax assessed or to be
assessed for the year within which the debt is
contracted.

Exemption from Tax-

384

4.

ation of Land
See CONSTITUTIONAL LAW. 15.

Tuberculosis Hospital- Mainte-
nance of Ward or Beds in Private
Hospital or General City or
Town Hospital Subsidy from
Commonwealth

459
The maintenance by a city or town of a
tuberculosis ward or bed or beds in a private
tuberculosis hospital or in a general city or
town hospital does not fulfil the requirements
of St. 1911, c. 597, § 1, which provides that
"every city or town which establishes and
maintains a tuberculosis hospital shall be
entitled to receive from the commonwealth a
subsidy of five dollars per week for each patient
who is unable to pay for his support, or whose
kindred bound by law to maintain him are
unable to pay for the same."

137

145

242

261

Exemption

See CIVIL SERVICE. 4.

190

CIVIL ENGINEER Hours of Labor 420

See LABOR. 7.

CIVIL SERVICE - Vendor of Intoxi-

105

cating Liquors - Agents
The words "vendor of intoxicating liquors,"
as used in R. L., c. 19, § 16, relating to the civil
service, which provides in part that "no
vendor of intoxicating liquors shall be ap-
pointed to or retained in any office, appoint-
ment or employment to which the provisions
of this chapter apply," are applicable to one
who either as principal or agent sells intoxi-
cating liquor, and would include persons who
drive about among the customers of their
employers and deliver intoxicating liquors and
collect money from such customers, and who
make sales upon their routes, as well as per-
sons who are employed as bartenders.

2.

315

See SCHOOLS.

4.

Water Supply

-

Control and Regu-

Exemption - Clerk in the Office
of State Forester - Governor
and Council-Approval of Em-
ployment

129
Under St. 1904, c. 409, § 4, which authorizes
the State Forester to hire such assistants as he
may need in the performance of his duties, and
to fix their salaries, "subject to the approval

CIVIL SERVICE Continued.

of the Governor and Council," such approval
is not equivalent to confirmation by the Execu-
tive Council within the meaning of R. L., c. 19,
§ 9, which exempts from the operation of the
civil service law and rules officers
whose appointment is subject to confirmation
by the Executive Council."

3.

Exemption

Officer Clerk of

Chief of Police
158
The clerk of the chief of police of the city of
Worcester, who is appointed by such chief of
police, subject to confirmation by the city
council, and whose duties are such clerical
duties as may be prescribed by such chief of
police, is not an officer" within the meaning
of R. L., c. 19, § 9, which excepts from the
operation of the civil service law and rules
"and officers whose appointment is sub-
ject to confirmation by the city council
of any city," and the appointment of such
clerk must be made in accordance with the
requirements of such law and rules.

-

CIVIL SERVICE — Continued.
shall sign a certificate of appointment and file
the same with the city clerk, who shall there-
upon forward a certified copy to the Civil
Service Commission, who shall make a careful
inquiry into the qualifications of the nominee
under such rules as they may establish, with
the consent of the Governor and Council, and,
if they find such qualifications sufficient to
meet the requirements of the law, such com-
mission shall file a certificate with the city
clerk stating that they have made the requisite
examination and that they approve the ap-
pointment; and, in section 62, that all acts
and parts of acts so far as inconsistent with
such act are repealed, - does not repeal the
provisions of St. 1909, c. 382, authorizing the
Civil Service Commissioners to prepare a rule,
to be approved by the Governor and Council,
for including within the classified service all
principal or assistant sealers of weights and
measures holding office by appointment under
any city or town of over ten thousand in-
habitants, "whether such officers are heads
of principal departments or not;" and the
latter statute is still applicable to sealers of
weights and measures in the city of Boston.