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CONSTITUTIONAL LAW Continued.
and other acts of discrimination or competition
not prohibited to justify such prohibition as a
valid exercise of the police power.

Such proposed act, therefore, if passed,
would be unconstitutional and void.

24.

Amendment to Constitution
Taxation - Wild or Forest Lands
Standing Wood and Timber. 531
A proposed constitutional amendment, giv-
ing to the General Court full power and au-
thority "to prescribe for wild or forest lands
such methods of taxation as will develop and
conserve the forest resources of the Common-
wealth," if adopted would permit the enact-
ment by the Legislature of taxation
vith
reference to woodlands and wood lots without
regard to their size so long as said wood lots or
woodlands were wild and forest lands; that
is, in a state of nature and uncultivated except
for the purpose of producing wood and timber.

The term "wild or forest lands" does not
include a tract of woodland located within
fence premises of which the principal use is for
pasturage.

The technical signification of the term "wild
or forest lands" has never been established or
defined by the courts of this Commonwealth.
The term "standing wood and timber" has not
received, either in the statutes of this Com-
monwealth or in the decisions of the court, a
fixed or technical definition of universal or
even of general application.

The proposed amendment to the Constitu-
tion, which would confer upon the General
Court full power and authority to prescribe
for wild or forest lands "such methods of taxa-
tion as will develop and conserve the forest
resources of the Commonwealth," would au-
thorize the enactment of laws to provide that
wild or forest lands should be taxed without
reference to the element of value contributed
by the growth thereon, and that the tax upon
the value of such growth might be reduced or
altogether omitted in the determination of the
tax to be assessed upon said lands.

25.

Appropriation of Money raised
by Taxation - Public Purpose -
Reclamation and Sale of Wet
Lands Eminent Domain
Gratuity

538

A proposed act providing, in substance, for
the taking by eminent domain, at the assessed
valuation thereof, of tracts of wet lands for
the purpose of reclamation, which, after such
taking and reclamation, are to be cultivated
for two years by the State Board of Agriculture
and then sold at a price not less than the cost
of such land plus the cost of reclamation, one-
half of any sums received in excess of such
total cost to be awarded to the original owner
or owners of the land sold, and appropriating
therefor the sum of $10,000, might be held to
contemplate the accomplishment of a public
purpose which would warrant the exercise of
the power of eminent domain and the appro-

CONSTITUTIONAL LAW — Continued.
priation of money raised by taxation, if, as
matter of fact, the development and distribu-
tion for occupation of the land affected gave
relief to a considerable and thickly settled
agricultural region, and affected beneficially
the community as a whole, throughout such
region, as well as individuals who acquired the
land itself.

So much of such proposed act as provides
that one-half of any sum received by the Com-
monwealth upon disposing of reclaimed land,
in excess of the cost of the land plus the cost of
reclamation, shall be awarded to the original
owner or owners thereof authorizes a payment
which is in the nature of a gratuity, and would
therefore be unconstitutional.

- Flowage of Land in this Com-
monwealth by Erection of Dam
in Connecticut Proceedings at
Law Suits between the States 596
The Attorney-General has no authority to
prosecute claims for the benefit of private
individuals except in the single instance of the
unascertained individuals who may benefit by
a public charitable trust. The lawful erection
of a dam in the State of Connecticut by a
Connecticut corporation which results in the
flowage of certain lands and highways within
the Commonwealth at certain times and
seasons does not cause damage of such serious
magnitude as would justify the Commonwealth
in bringing legal proceedings in courts of the
United States.

26.

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2.

Judgment of Guilty placed on File
Revocation of License to operate
Automobile

See LICENSE. 5.

CO-OPERATIVE BANK - Unincorpo-

rated Association

Way

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372

Manner of transacting Business
Savings Bank
An unincorporated association formed for
the purpose of accumulating a fund for the
purchase of real estate and for building thereon,
for making loans and for accumulating a fund
to be returned to the stockholders, the prop- •
erty of which is vested in trustees and the
shares of which mature when they reach the
value of $500, with provision for assignment
or withdrawal, and which does not offer to its
members who are persons having one or
more shares of stock who have signed the
articles of association the money so accu-
mulated according to the premium or rate of
interest paid by them for priority, but invests
such money as the funds of a savings bank
are invested, does not transact "the business
of accumulating the savings of its members
and loaning to them such accumulation in the
manner of a co-operative bank" in violation
of the prohibition of R. L., c. 114, § 1.

Quare, whether the way or manner in which
such association transacts its business might
not lead the public to believe that such business
was that of a savings bank.

CORPORATION

120

ciation
and Wife
A husband and wife may legally enter into
the contract represented by an agreement of
association for the purpose of forming a cor-
poration under the general laws.

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or

Agreement of Asso-
Parties Husband

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441

514

570

-

Buying

Purpose of Organization -
and selling Real Estate
195
The Commissioner of Corporations has no
authority to approve the incorporation of cer-
tain persons for the purchase of waste, unde-
veloped or partially developed lands with a
view to their development and sale, such pur-
pose being forbidden by St. 1903, c. 437, § 7,
as amended by St. 1906, c. 286, § 1, that "three
or more persons may associate themselves
with the intention of forming a corporation
under the general laws for any lawful purpose
except to buy and sell real estate.'

Continued.

CORPORATION
- Name

or Title containing the
Words "Bank" or "Banking". 250
The provisions of St. 1909, c. 491, § 4,
amending St. 1908, c. 590, § 16, that no person,
partnership, corporation or association, except
co-operative banks, savings banks and trust
companies incorporated under the laws of this
Commonwealth, and such foreign banking
corporations as were doing business therein
and were subject to the examination or super-
vision of the Bank Commissioner on June 1,
1906, should thereafter "transact business
under any name or title which contains the
word 'bank' or 'banking,' as descriptive of
said business," are applicable to a corporation
organized prior to the passage of such act.

3.

4.

Charter Purpose Holding
Company Acquisition of Stock
of Domestic Street Railway, Gas
and Electric Light Corporations 417
Under the provisions of St. 1903, c. 437, § 7,
as amended by St. 1906, c. 286, § 7, that "three
or more persons may associate themselves by
a written agreement of association with the
intention of forming a corporation under gen-
eral laws for any lawful purpose which is not
excluded by the provisions of section one
except to buy and sell real estate," a corpora-
tion may be organized for the purpose to buy
and hold a majority of the shares of the capital
stock of any street railway, gas and electric
light companies organized under the laws of
this commonwealth to do business within this
commonwealth."

4.

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-

COUNTY TREASURERS

- Readjustment of Salaries In-
creased Population
See SALARIES.

249

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9

COUNTY COMMISSIONERS Con-
tracts"Construction of Pub-
lic Works" - Notice Posting
and Publication
The words construction of public works,"
as used in R. L., c. 20, § 27, providing in part
that all contracts made by the county commis-
sioners for the construction of public works, if
exceeding $800 in amount, shall be made in
writing and after posting and publication of
notice as therein prescribed, do not require
that notice of proposals for the employment
of architects to prepare plans shall be posted
and published.

2.

335

Payments
Approval of Bill or Order -
Duty to ascertain Legality of
Expenditures

384

29

Of Bristol County Compensa-
tion for Services as Members of
Joint Board

91

The Governor and Council may not provide
compensation for the county commissioners of
the county of Bristol for services as members
of the joint board created by St. 1903, c. 462,
to locate and construct a new drawbridge over
Great Taunton River, and consisting of the
Board of Railroad Commissioners, the Board
of Harbor and Land Commissioners, and the
county commissioners of the county of Bristol.

515

. 360

559

Under the provisions of R. L., c. 21, § 8,
that "each county treasurer shall collect,
receive and safely keep all money belonging
to the county, and pay out the same in ac-
cordance with law," it is the duty of a county
treasurer to ascertain whether or not a pay-

· Continued.
COUNTY TREASURERS
ment which he is called upon to make, by an
order or bill duly approved by the county
commissioners, may be made by him according
to law, and he is therefore required to satisfy
himself that the expense for which payment
is to be made was legally incurred in the first
instance.

Interest. 290
COURT Money paid into
See CLERKS OF COURT. 2.

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COURTS-District, Police and Munic-
ipal Justices and Clerks
Salaries Readjustment
County Treasurer

3

St. 1904, c. 453, which established the
salaries of the justices, clerks and assistant
clerks of certain district, police and municipal
courts upon a basis of population, expressly
excepted from such classification the justices
and clerks of the district courts of Franklin
County, and such exception was not affected
by St. 1905, c. 339, providing for a readjust-
ment of such salaries by the county treasurers
of the several counties, after the taking of the
decennial census of the year 1905.

It follows, therefore, that the treasurer of
the county of Franklin is not authorized to
readjust the salaries of the officers of the
district courts of such county upon any basis
of population.

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- Erected by Connecticut Corpora-
tion in Connecticut - Flowage
of Land in Commonwealth
Nuisance Remedy
See CONSTITUTIONAL LAW. 26.

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411

- Con-
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DEBTS - Refunding or Renewal of, by
City or Town

See CITIES AND TOWNS. 1.

596

174

414

61

73

71

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623

DISCRIMINATION

. 335

DIRECTOR - Of Insurance Company
Investment of Funds
See INSURANCE. 7.

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DISTRICT

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DIRECTOR OF BUREAU OF STA-
TISTICS - Note Certifica-
tion Vote to authorize Select-
men to refund Debt "upon the
Passage of an Act authorizing
the Same"
See TOWNS. 6.

-

- Tax

174

DOMESTIC SERVANTS
Labor Holidays
See LABOR. 3.

226

See CONSTITUTION.
ONAL LAW. 7.
Lowering of Prices in One Locality
by a Person, Firm, Association or
Corporation engaged in Business
in Several Localities "Unfair
Discrimination"
See CONSTITUTIONAL LAW. 23.

441

. 171

409

DISTRICT, POLICE AND MUNIC-
IPAL COURTS.
See COURTS.

578

DISTRICT OF COLUMBIA - Corpo-
ration organized under Laws of . 163
2.
See FOREIGN CORPORATION.

276

POLICE- Inspection of
Buildings Sanitation and Ven-
tilation

See BUILDINGS. 1.

526

- Hours of

192

93

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2.

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ELECTION LAWS

Election

Death

of Candidate on Morning of Elec-
tion Day Failure to elect
Special Election Governor 457
Where a candidate for the office of clerk of
the courts died on the morning of the day of
the election, but as the fact of his death was
not generally known and his name was upon
the official ballot the highest number of votes
was cast for him, there was a failure to elect,
and the Governor should cause a precept to
be issued for the election of such officer
accordance with the provisions of St. 1907,
c. 560, 306.

461

-

Qualification of Voters - Consti-
tutional Law Legislature
Police Power - Regulation of
Conduct of Elections

247

497
The qualifications which shall entitle any
person to vote or to be voted for and the right
to elect and to be elected to public office are
defined in Article IX. of the Declaration of
Rights and Articles III., XX. and XXI. of
the Articles of Amendment to the Constitution
of the Commonwealth.

The conduct of elections may be regulated
by the Legislature under the police power for
the purpose of providing an easy and reason-
able mode of exercising the constitutional right
preventing error and fraud and securing order
and regularity; but all such regulation must
be subordinate to the provisions of the Con-
stitution and cannot add to or diminish the
qualifications of voter as therein prescribed.

Whether or not the provisions of a proposed
act which restrict the expenditure of money
or the contribution of any other valuable thing
in connection with an election by any person,
whether or not such person is a candidate for
public office, to traveling expenses incurred
by himself and to expenses for preparing, circu-
lating and filing nomination papers; which for-
bid, except in cases of age or physical disability,
the conveyance of any voter to the polls other-
wise than at his own expense, and require
that if any person elected to office, or any
member or agent, or his campaign committee,
or any other person acting in his or their
interest or behalf, is convicted of any viola-
tion of the law relating to corrupt practices
at the primary at which such candidate was
named, or at the election at which he was

ELECTION LAWS - Continued.

elected, such office shall be vacated and a new
election shall be held to fill it, are reasonable
and necessary precautions against bribery,
fraud and other improper conduct in con-
nection with elections and, therefore, a pro-
tection to the constitutional right to elect and
to be elected to office, is primarily a question
of fact and, therefore, a proper subject for the
determination of the Legislature.

It would seem, however, that the enforce-
ment of such stringent regulations as those
above described could hardly be held to be a
reasonable regulation of the exercise of the
right to take part in elections.

A provision in the proposed act requiring
that persons who, by reason of age or physical
infirmity, are unable to reach the polls without
assistance and are, therefore, transported to
and from the polls shall, before voting, make a
statement under oath of such disability, is
clearly unconstitutional as imposing a quali-
fication upon such persons additional to those
prescribed by the Constitution.

ELECTIONS- Voting Machines, Ballot
Boxes and Counting Apparatus
Examination by State Ballot
Law Commission Constitu-
tional Law Delegation of Leg-
islative Authority

-

507

A provision in a proposed act relating to
the use of voting machines, that "the State
Ballot Law Commission shall also constitute
the State Board of Voting Machine Exam-
iners, and shall at such times, under such
conditions and after such public notice as they
shall determine, examine voting machines,
ballot boxes and counting apparatus, and they
shall make and file with the Secretary of the
Commonwealth their report on such machines,
ballot boxes and counting apparatus as in their
judgment conform to the requirements of law,
together with such written or printed descrip-
tions and such drawings, specifications and
photographs as shall clearly identify such ma-
chines," does not vest in or impose upon the
State Ballot Law Commission any powers and
duties which involve a delegation of legislative
authority which would be objectionable upon
constitutional grounds.

The provision above quoted does not directly
require the State Ballot Law Commission
to approve only such machines as fulfill the re-
quirements of the primary law, but indirectly
requires such approval, since they are required
to make and file their report only on such
machines, ballot boxes and counting apparatus
as in their judgment conform to such require-

ments.

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