. 431

--

Re-

494

4.

Workmen's

See WORKMEN'S COMPENSATION

Commonwealth

Аст.

Of

Hours of

569

93

231

EXPENDITURES — Of

and Institutions - Authority of
Governor and Council to in-
vestigate

See GOVERNOR AND COUNCIL. 1.

Proposed Statement or Estimate
- Investigation of Officers, De-
partments or Institutions

-

See GOVERNOR. 4.

226

403

70

52

The word "building" as used in St. 1904,
c. 370, § 3, as amended by St. 1905, c. 280, pro-
viding that no building shall be erected or
used in any city or town for the keeping,
storage, manufacture or sale of gunpowder and
certain other explosives without a license from
the mayor and aldermen of a city or the select-
men of a town, a permit from the Chief of the
District Police, or some person designated by
him, applies to and includes an iron tank,
closed except by pipe connections, and placed
upon an uncovered brick foundation, designed
and intended as a "container" for gasolene,
and would apply to and include such a struc-
ture, even if under ground, from which the
liquid is taken by means of a pump.

or

EXPRESS BUSINESS—On any Rail-
road, Railway, Steamboat
Vessel in the Commonwealth
Computation of Excise Tax
See TAXATION. 4.

EXTRADITION Governor Duty of

244

432

Where the papers accompanying the demand
of the Executive of another State for the arrest
and extradition of an alleged fugitive from the
justice of that State appear to be legal and in
proper form, and no question is raised as to the
identity of the person demanded, or testimony
offered to contradict the sworn evidence in the
affidavits accompanying such demand that on
or about the date of the alleged crime such
person was in the demanding State and there-

R. L., c. 32, § 73, as amended by St. 1903,
c. 253, creating a firemen's relief fund, to be
used "for the relief of firemen . . . who may
be injured in the performance of their duty
at a fire or in going to or returning from the
same," does not authorize the use of such
fund for the relief of firemen who may be
injured while taking part in drill, or while
exercising the horses of the department by
order of the superior officers.

Food and drug inspectors appointed by the
State Board of Health are employees of the
Commonwealth within the meaning of R. L.,
c. 204, § 47, as amended by St. 1910, c. 311,
providing in part that "any employee receiv-
ing regular compensation from the common-
wealth shall not be entitled to a witness fee
before any court or trial justice . . . in a
cause in which the commonwealth is a party,"
and are not entitled to witness fees for at-
tendance at court or allowances for travel in
any cause in which the Commonwealth is a
party.

See TIDE Water.

FISHERIES AND GAME Pursuit of
Wild Fowl-Launch or Power
Boat

189

The shooting of wild fowl from a launch or
power boat, which has been used to reach a
place frequented by such wild fowl, and is
there anchored, constitutes a violation of the
provisions of R. L., c. 92, § 11, as amended by
St. 1906, c. 241, which forbids the pursuit of
wild fowl "with or by aid of a boat propelled
by steam or naphtha, or of a boat or vessel
propelled by any mechanical means other than
sails, oars or paddles."

106

315

Liquors

trial Schools

Schools Nonresident Pupils 315
See SCHOOLS. 4.

FOREIGN CORPORATION Continued.
poration operating a railroad in this Common-
wealth to acquire, own or hold, directly or
indirectly, the stock or bonds of any street
railway company having a location in any
city or town in this Commonwealth, or to
lease the franchise and property of any such
street railway," and in section 2, that "upon
petition of the attorney-general of the Com-
monwealth to the supreme court in equity

a receiver shall be appointed who
shall take possession and control of the prop-
erty of any street railway" included in sec-
tion 1, with further provision in section 4
for forfeiture of the charter of such company,
after due notice and hearing, is ineffective to
prevent the purchase of the stock of a domestic
street railway by a railroad corporation char-
tered in another State and duly authorized
thereto by the laws of that State.

Such bill prohibits the leasing of the fran-
chise of a domestic street railway company by
a railroad corporation operating a steam rail-
road within the Commonwealth.

By reason of the provision for the dissolution
of the charter of a domestic street railway
company if its stock or bonds are owned or
controlled, directly or indirectly, by a railroad
corporation operating a steam railroad within
the Commonwealth, such bill would prevent
such acquisition and control.

163

FUNDS

See INSURANCE.

- Of Insurance Company
Investment

6.

-

GAME LAWS Violation Convic-
tion Plea of Nolo Case
placed on File
Registration

147

Certificate of
514

A plea of nolo where the case is placed on file
and such plea is not followed by a sentence or
other form of final judgment, is not a con-
viction" within the meaning of St. 1911,
c. 614, § 11, which provides that "every person
convicted of violating the game laws shall
immediately surrender to the officer who
secures such conviction his certificate of
registration. . . .

3.

- Ap-

SO

Master in Chancery Removal
from County - Vacancy
pointment
186
It is the duty of the Governor, under the
provisions of R. L., c. 165, § 52, to appoint
masters in chancery as vacancies occur,
that the number thereof in the several counties
shall be eleven in Suffolk, nine in Essex, seven
in Middlesex, seven in Worcester and not more
than five in any other county;" and where
a master in chancery appointed for the county
of Middlesex removes therefrom with the in-
tention of permanently residing elsewhere, a
vacancy is created in the list of such officers
for such county, which the Governor is author-
ized to fill by appointment.

4.

Statement or Estimate of Proposed
Expenditures Investigation of
Officers, Departments or Institu-
tions of the Commonwealth
Employment of Agents or Ex-
perts

403
The authority of the Governor under St.
1910, c. 220, § 1, in substance requiring that
certain statements and estimates should be
submitted to the Governor and Council, and
that the Governor should transmit the same
to the General Court with such recommenda-
tions, if any, as he might deem proper, was not
extended by the provisions of St. 1911, c. 82,
authorizing him "to employ such persons as
he may deem proper to make such investigation
of any of the commissions, departments or
institutions of the commonwealth as he be-
lieves is necessary to enable him to carry out
the provisions of chapter two hundred and
twenty of the acts of the year nineteen hundred
and ten," and his power to investigate, by
means of agents, investigators or experts em-
ployed under the provisions of the chapter last
cited, any officer, department or institution,
must be predicated upon the existence of a
statement of proposed expenditures and of

Constitutional Law Bills and
Five Days

Resolves Action-
Sundays Holidays

414

Under the provision of the Constitution of
the Commonwealth, Part II., c. I., § I., Art.
II., that "if any bill or resolve shall not be
returned by the governor within five days after
it shall have been presented, the same shall
have the force of a law," the governor is to
be allowed five full days, beginning at 12
o'clock midnight next following the time
when the bill is presented, in which to exercise
his right either to signify his approval by
signing such bill or to return it with his objec-
tions in writing to the Senate or House of
Representatives.

In computing such period of five days,
Sunday is to be excluded and holidays included.

Under the provisions of St. 1911, c. 82, that
"the governor is hereby authorized to employ
such persons as he may deem proper to make
such investigation of any of the commissions,
departments or institutions of the common-
wealth as he believes is necessary to enable
him to carry out the provisions of chapter
two hundred and twenty of the acts of the
year nineteen hundred and ten," and that for
such purpose he may "expend such sums out
of the amount authorized by chapter five
hundred and forty-nine of the acts of the year
nineteen hundred and eight as may be approved
by the governor and council," the Governor,
acting independently of the Council, has no
power to determine, by contract or otherwise,
the rate of compensation to be paid to the
persons employed by him to make the re-
quired investigations.

Since the purpose of St. 1910, c. 220, pro-
viding in substance that statements or esti-
mates for appropriations for State commissions,
departments or institutions shall annually be
submitted to the Governor and Council, and
transmitted by the Governor to the Legisla-
ture, with such recommendations as he may
deem necessary, the Governor and Council
may not legally allow persons employed under
authority of St. 1911, c. 82, above cited,
compensation for investigations or for reports
thereon made since the prorogation of the
General Court for the year in which they were
employed, nor compensation for time spent in

Where certain bills, due under the provisions
of Article II of Section I of Chapter I of the
Constitution of the Commonwealth to be re-
turned on May 27 by the Governor, with his
objections thereto in writing, to the House of
Representatives, in which branch such bills
originated, were found, on the morning of
May 28, on the desk of the clerk of the House
of Representatives, and the speaker of the
House of Representatives, on a point of order,
ruled that the vetoes were not properly re-
turned until received by the clerk at 8 o'clock
upon the morning of May 28, and such bills
were transmitted by the clerk to the Secretary
of the Commonwealth, with a statement of the
above facts, it is not the duty of the Secretary
to determine whether or not such bills were
seasonably returned, and he should receive
and record them among the laws of the current
year, leaving the question of their validity to
be determined by the proper tribunal.

It would seem, however, that the duty de-
volving upon the Governor under the provi-
sions of Article II of Section I of Chapter I
of the Constitution, if he has objection, to
return a bill or resolve within the prescribed
period of time to the branch of the Legislature
in which it originated, should be performed
with sufficient formality to insure that the
return shall be made to some proper officer of
the Senate or House of Representatives, as the
case may be, if the branch to which the bill or
resolve and the objections are sent is not in
session.

GOVERNOR AND COUNCIL - Continued.
whether or not money appropriated by the
Legislature for the several departments and
institutions which, or the expenditures of
which, are by law subject to their supervision,
is being expended in a proper manner; but
they may not constitutionally prevent the
expenditure of money so appropriated for the
purposes for which it was appropriated.

The committee on ways and means of the
Legislature may at any time ask the advice of
the Governor and Council in regard to a pro-
posed appropriation, but is not required so to
do.

St. 1910, c. 220, § 1, requiring that every
officer or board having charge of any depart-
ment, institution or undertaking which receives
an annual appropriation from the treasury of
the Commonwealth, shall annually submit to
the Auditor statements in detail showing the
amounts appropriated for the current fiscal
year and required for the ensuing fiscal year,
and that the Auditor shall combine such
statements with a like statement relating to
his own department in one document, to be
printed and submitted on or before the first
Thursday in January to the Governor and
Council for examination, and by the Governor
transmitted to the General Court with such
recommendations as he may deem proper,
does not confer upon the Governor and Coun-
cil, or upon the Governor alone, any new or
additional authority to examine, for the pur-
pose of verifying or otherwise investigating
such statements, the expenditures or books of
accounts of, or to prescribe for such purpose
the method of accounting which shall be used
by any State officer or board.

432

GRATUITY

Reclamation and Sale of
Wet Lands-Eminent Domain
Award of Profits of Sale by
Commonwealth to

313

Owner or Owners

Original

See CONSTITUTIONAL

To Veterans of Civil War

missioned Officer

See VETERAN.

GREAT POND - Right to determine
Height at which Water shall be
maintained

See CONSTITUTIONAL LAW. 6.

273