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.
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."
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.
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.
Intoxicating Liquors
Certificate of Inspector of Fac- tories and Public Buildings Lodging House Ten or More Rooms above the Second Story. 319 See LICENSE.
- Registered Pharma- cist Sale of Intoxicating Liquor 50 See REGISTERED PHARMACIST. 2.
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.
- Harvest and Sale of Ice tion
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.
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.
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."
CIVIL ENGINEER Hours of Labor 420
CIVIL SERVICE - Vendor of Intoxi-
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.
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
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."
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.
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