LABOR

- Hours of -Insane Hospital
Day's Work - Half-holiday
Sunday Employment - Work by

―

61

the Hour Appropriations
St. 1906, c. 517, § 1, providing, in part, that
"eight hours shall constitute a day's work for
all laborers, workmen and mechanics now or
hereafter employed by the Commonwealth,
... but in cases where a Saturday half-holiday
is given the hours of labor upon the other
working days of the week may be increased
sufficiently to make a total of forty-eight hours
for the week's work," does not require a nine-
hour wage, and does not prohibit the employ-
ment of laborers, workmen and mechanics by
the Commonwealth for more than eight hours
a day, when the contract for such employment
is by the hour.

-

Such statute provides for an eight-hour day
upon Sunday as well as upon other days of the
week for persons properly employed upon that
day, and does not restrict the employment of
persons required to work seven days a week
to forty-eight hours.

If a half-holiday is given, it must be a Sat-
urday half-holiday.

If the appropriations for the maintenance of
the Worcester Insane Hospital are fixed for the
year, the trustees of such hospital are not
authorized to exceed the same to comply with
the provisions of such chapter.

2.

State Officers or Boards
Work" Contract
or Supplies

73

A State officer, board or commission must,
under the provisions of St. 1906, c. 517, insert
in every contract made by such officer, board
or commission in behalf of the Commonwealth,
excluding contracts for the purchase of ma-
terials or supplies, a clause requiring that no
laborer, workman or mechanic employed under
such contract shall be required to work more
than eight hours in any one calendar day,
whether or not such contract is to be executed
within the Commonwealth.

The words "materials or supplies" should be
construed to include articles to be used in the
creation of a mechanical structure, and upon
which no work is to be performed under the
contract.

216

"Day's
Materials

3. Eight-hour Law
ants Holidays
93
Under St. 1907, c. 269, amending St. 1906,
c. 517, and providing that no laborer, workman

- Domestic Serv-

LABOR - Continued.

or mechanic employed by or on behalf of the
Commonwealth or of any county therein or
in any city or town which has accepted the
provisions of R. L., c. 106, § 20, "shall be
requested or required to work more than eight
hours in any one calendar day or more than
forty-eight hours in any one week, except in
cases of extraordinary emergency," cooks,
maids, or other domestic servants may not be
requested or required to work more than eight
hours in any one calendar day or more than
forty-eight hours in any one week, except in
cases of extraordinary emergency.

No workman, laborer or mechanic so em-
ployed may be requested to work more than
eight hours in any one calendar day, except
in cases where a Saturday half-holiday is given,
in which case the hours of labor on other work-
ing days may be increased to make a total of
forty-eight hours for the week's work.

Employees may arrange between themselves
to substitute for each other in providing for
vacation periods; but they may not be re-
quested or required so to do by their employers
if it results that such arrangement involves
more than eight hours' work by any of the
parties in any one day.

Where an employee at a State insane hos-
pital, as a precautionary measure, is required
to remain and to sleep in a room adjoining the
room of a patient or a dormitory, the time
of sleep is not to be considered as time on
duty.

4.

Employment of Children - Child
under Fourteen Years of Age
Certificate of Ability to read and
177
write Factory or Workshop
Under the provisions of R. L., c. 106, § 28,
as amended by St. 1905, c. 267, § 1, that "no
child under the age of fourteen years and no
Ichild who is over fourteen and under sixteen
years of age who does not have a certificate
as required by the following four sections
certifying to the child's ability to read at sight
and to write legibly simple sentences in the
English language shall be employed in any
factory, workshop or mercantile establish-
ment, no school committee or superintendent
of schools or other person is authorized to
issue to a child under fourteen years of age the
certificate above referred to, and such child
may not at any time be employed in a factory
or workshop.

Dumping Inspectors Civil En-
gineer

8.

420

44

Dumping inspectors employed by the Board
of Harbor and Land Commissioners, whose
duty it is to see that all material which is to
be dumped in tidewater is transported and
dumped in its proper locality, none of it being
deposited in any other place," are not "work-
men, laborers or mechanics" within the mean-
ing of St. 1911, c. 494, § 1, providing that "the
service of all laborers, workmen and mechanics
now or hereafter employed by the common-
wealth... is hereby restricted to eight hours
in any one calendar day."

The further provision of such section that
"engineers shall be regarded as mechanics
within the meaning of this act" does not extend
to or include persons who follow the profession
of civil engineering.

Cities and Towns
Statute

Acceptance of

567

St. 1911, c. 494, providing in section 1 that
"the service of all laborers, workmen and
mechanics, now or hereafter employed.
by any city or town which has accepted the
provisions of section twenty of chapter one
hundred and six of the Revised Laws, or of
section forty-two of chapter five hundred and
fourteen of the acts of the year nineteen hun-
dred and nine, is hereby restricted to
eight hours in any one calendar day," is not
in force in cities and towns which have not
accepted the provisions of R. L., c. 106, § 20,
or of St. 1909, c. 514, § 42, but which had
accepted the provisions of St. 1899, c. 344, a
corresponding provision of an earlier law.

LABOR LAWS Mercantile or Manu-
facturing Establishment Res-
taurant Establishment main-
taining Lunch Room and Food
Salesroom

455
An establishment which maintains a lunch
room, and also a food salesroom from which
supplies are sent to other lunch rooms main-
tained by the same establishment at other
places and lunches are sent to be served at
certain high, Latin and normal schools, the
receipts of such food salesroom being a little
over one-eighth of the total receipts, is not,
by reason of the maintenance of such food
salesroom, excluded from the definition of
"mercantile establishment" in St. 1909, c.

LABOR LAWS - Continued.

514, 17, that such establishment "shall
mean any premises used for the purposes of
trade in the purchase or sale of any goods or
merchandise, and any premises used for the
purposes of a restaurant or for publicly pro-
viding and serving meals," and is not, therefore,
manufacturing establishment," defined by
the same section as any premises, room or
place used for the purpose of making, altering,
repairing, ornamenting, finishing or adapting
for sale any article or part of an article."

44

a

LAND

Sale of, to Institutions, by
Trustees at Profit
See MASSACHUSETTS AGRICUL
TURAL COLLEGE. 1.

LEGISLATION - Preparation of Draft
by Attorney-General
See ATTORNEY-GENERAL.

1.

LEGISLATIVE

of

COUNSEL AND
Returns Com-

308

189

429

AGENTS

469

pensation
The provision of R. L., c. 3, § 24, requiring
the keeping of a docket for the entry of the
names of legislative counsel and agents, that
"such entries shall include the name and
business address of the employer, the name,
residence and occupation of the person em-
ployed, the date of the employment or agree-
ment therefor, the duration of the employ-
ment, .. and the special subjects of legis-
lation, if any, to which the employment
relates," is satisfied by an entry that a person
is so employed "on all matters of interest to
the employer," unless the employment is for
some special subject of legislation.

The provision of R. L., c. 3, § 24, above
quoted, and the further provision of section 30,
that an employer "shall render to the secre-
tary of the commonwealth a complete and
detailed statement, under oath, of all expenses
incurred or paid in connection with the em-
ployment of legislative counsel or agents, or
with promoting or opposing legislation," are
not complied with by a statement that a per-
son is employed as legislative counsel upon an
annual salary without a statement either of the
amount of such salary or of a fair apportion-
ment thereof.

111

2.

LICENSE- Intoxicating Liquors - Li-
censed Premises - Certificate of
Inspector of Factories and Public
Buildings Hotel Lodging
House Ten or More Rooms

273

319

above the Second Story

The provisions of R. L., c. 104, § 49, requiring
that the certificate of an inspector of factories
and public buildings shall be obtained before
an innholder's license or a license to sell in-
toxicating liquors may be granted for any
premises, is not applicable, under R. L., c. 104,
§ 25, as amended by St. 1905, c. 347, and St.
1907, c. 503, § 1, to a hotel in which not more
than ten persons lodge or reside above the
second story.

In section 33 of chapter 104 of the Revised
Laws, providing in part that "the owner,
lessee, proprietor or manager of a hotel, which
is not otherwise suitably provided with fire
escapes, or a lodging house which contains ten
or more rooms above the second story, shall
place a knotted rope for use as a
fire escape in every room of said hotel or
lodging house used as a lodging room, except
rooms on the ground floor," the words "which
contains ten or more rooms above the second
story" apply to and describe a lodging house,
and have no reference to the word "hotel" in
said section.

388

Keeper of Hospital for Care of
Insane and Feeble-minded
Suitable Person - Resident or
Consulting Physician

359
Under the provisions of St. 1909, c. 504, § 24,
that "the governor and council may, upon the
recommendation of the state board of insanity,
license any suitable person to establish and
keep a hospital or private house for the care
and treatment of the insane, epileptic, feeble-
minded, and persons addicted to the intem-
perate use of narcotics and stimulants,' a
physician who is employed by the owner or
owners of such hospital or private house as
resident physician in charge, or who is on the
staff of consulting physicians connected there-
with, is not a suitable person to receive such
license.

""

LICENSE Continued.

3.

Steam Boiler or Engine-Owner or
User - Operation Unlicensed

▬▬▬▬▬▬

Person Coal Shovelers

.

524
The provision of R. L., c. 102, § 8, as
amended by St. 1907, c. 373, § 1, and St. 1911,
c. 562, § 1, that "the owner or user of a steam
boiler or engine shall not operate or
cause to be operated a steam boiler or engine
for a period of more than one week, unless
the person in charge of and operating it is duly
licensed," allows such owner or user, in the
exercise of good faith and in an unavoidable
emergency, a period of one week within which
to procure a person licensed in accordance
with the requirements of law; and by the use
of such period, the owner or user is not there-
after forever prohibited from availing himself
under like conditions of such allowance.

4.

The provision of R. L., c. 102, § 80, as
amended by St. 1911, c. 562, § 2, that "to
work with a licensed person there may be
employed not more than one unlicensed per-
son, who, in the presence and under the
personal direction of the licensed person, may
operate the appurtenances of a boiler or
engine," does not require that coal shovelers,
whose sole duty consists in putting coal under
the boiler, should be licensed, since coal
shovelers, or other persons performing the
duties of mere laborers in handling coal used
in the operation of a boiler or boilers, are not
operating any appurtenances thereof.

5.

563

son- Partnership
Under the provisions of St. 1909, c. 504, § 24,
that "the governor and council may, upon
the recommendation of the state board of
insanity, license any suitable person to es-
tablish and keep a hospital or private house
for the care and treatment of the insane,
epileptic, feeble-minded, and persons addicted
to the intemperate use of narcotics or stimu-
lants," a license may not be granted to a
partnership as such.

-

570

To operate Automobile - Revoca-
tion Conviction Judgment
of Guilty placed on File
The Massachusetts Highway Commission,
under the provisions of St. 1909, c. 534, § 22,
that "a conviction of a violation of this section
shall be reported forthwith by the court or
trial justice to the commission, which shall
revoke immediately the license of the person
so convicted," is warranted in treating a judg-
ment of guilty placed on file by the trial court
as a conviction.

-

315

383

.

461

69

Vot-

LOTTERY Element of Chance
ing Contest

582

An arrangement or contract entered into by
a foreign corporation dealing in ponies, with
certain merchants and managers of theatres
within the Commonwealth, by which each such
merchant or manager contracting with the
pony company issues to every customer for
each 25 cents received 25 votes, which may be
cast by the bearer in favor of any contestant
in a contest in which the person receiving the
highest number of votes is entitled to a pony
and outfit from such company, involves no
element of chance, and therefore does not
constitute a lottery within the meaning of the
several sections of R. L., c. 214, which prohibit
lotteries within the Commonwealth.

59

113

LYMAN AND INDUSTRIAL SCHOOLS
Trustees Lyman Fund
Income- Purchase of Land

452

Title
Under the provisions of St. 1911, c. 566,
3, that the Trustees of the Massachusetts
Training Schools "succeed to the trusts, right,
powers and duties" of the trustees of the
Lyman and Industrial Schools, and of R. L.,
c. 86, § 1, that the board of trustees of the
Lyman and Industrial Schools should be " a
corporation for the purpose of taking, hold-
ing and investing in trust for the common-

319

MARRIED WOMAN- Wife of Princi-
pal as Surety on Official Bond . 260
See BOND.

MASSACHUSETTS AGRICULTURAL

COLLEGE

State Institution

Trustees - Sale of Land to
Institution at a Profit

308

To be a State institution implies that the
institution, and the work it carries on, is
directly under the control of the Common-
wealth; that its officers are the agents of the
Commonwealth, and that its property is the
property of the Commonwealth; and the Mas-
sachusetts Agricultural College at Amherst, a
public charitable corporation organized under
the provisions of St. 1863, c. 220, for educa-
tional purposes, and having a distinct corporate
existence, does not answer these requirements,
and is not, strictly speaking, a State institution.

The trustees of the Massachusetts Agri-
cultural College may not legally, as individuals,
purchase land and later sell it to such institu-
tion at an increased cost over the original price.

MASSACHUSETTS DISTRICT PO-
LICE Chief - - Boiler Inspec-
tion Department- -Chief Inspec-

-

tor.

492

St. 1906, c. 521, entitled "An Act to provide
for the appointment of a chief inspector of the
boiler inspection department of the District
Police," which provides in section 1, in part,
that "said chief inspector shall have super-
vision over the members of said boiler inspec-
tion department in order to secure the uniform
enforcement throughout the commonwealth of
all acts relative to the inspection of boilers and
the examination of engineers and firemen,"
does not create an independent department,
and the action of such chief inspector is under
the jurisdiction and subject to the orders of the
Chief of the District Police.

-

MASSACHUSETTS HIGHWAY COM-
MISSION
Motor Vehicles
owned by United States Govern-
ment Certificate of Registra-
tion Fees

318

Under St. 1909, c. 534, which in section 2
requires the registration of motor vehicles, and
in section 29 fixes the fees to be collected
therefor, with the further provision that the
Massachusetts Highway Commission "may
issue certificates of registration for motor
vehicles and licenses to operate the same to
any member of the foreign diplomatic corps
without the payment of the fees therefor,"
such commission is not authorized to issue a
certificate of registration without the payment
of fees for motor vehicles owned by the govern-
ment of the United States.

-

-

MASSACHUSETTS HOSPITAL FOR
FEEBLE-MINDED - Continued.

as one town is liable to another in like cases,"
does not limit the liability of such city or
town to a period of three months next preced-
ing the date of notice, as is the case between
towns under R. L., c. 81, § 17, and such
liability is not affected by want of notice.

MASSACHUSETTS

STATE SANA-
Application

90
c. 222, § 1,

TORIUM
Preference of Citizens
Under the provision of St. 1907,
that "preference shall be given to those ap-
plicants who are citizens of the Common-
wealth," the trustees of the Massachusetts
State Sanatorium are authorized to give
precedence in cases of tuberculosis: first, to
incipient cases of citizens; second, to advanced
cases of citizens; third, to incipient cases
where the applicants are not citizens; and
fourth, to advanced cases where the applicants
are not citizens.

MATERIALS

MASTER IN CHANCERY Removal
from County Vacancy Ap-
pointment
See GOVERNOR. 3.

MAYOR

AND
Hours of Labor
tracts

See LABOR. 2.

MEASURES

-

Duty in Case of Riot or
Other Disturbance of the Public
Peace Militia Precept
Discretion
See RIOT.

-

See WEIGHTS AND MEASURES.

MEMBER OF LEGISLATURE
Eligibility for Other Office
See LEGISLATURE.

186

73

515

444

MERCANTILE ESTABLISHMENT
Premises of Telegraph Company 412
Premises maintained by a telegraph com-
pany do not constitute a mercantile establish-
ment within the provision of St. 1909, c. 514,
§ 17, that 'mercantile establishments' shall
mean any premises used for the purpose of
trade in the purchase or sale of any goods or
merchandise, and any premises used for the
purposes of a restaurant or for publicly pro-
viding and serving meals."

51

118

269

455