panies engaged in the Transmis-
sion of Intelligence by Electricity 122
By St. 1906, c. 433, the Massachusetts High-
way Commission is required to receive and file
the annual returns made by companies engaged
in the transmission of intelligence by electricity
within the Commonwealth, and such returns
are therefore public records, under R. L., c. 35,
§ 6, which defines public records to be "any
written or printed book or paper which
any officer or employee of the Commonwealth
has received or is required to receive for
filing."

2.

Letters and Reports in Custody of
State Board of Health
136
Under the provisions of R. L., c. 35, § 5,
that "The words 'public records' shall
mean any written or printed book or paper
in or on which any entry has been made
or is required to be made by law, or which
any officer or employee of the Commonwealth
has received or is required to receive for
filing," reports and letters of complaint which
are the result of investigation made by the State
Board of Health under its general authority
to make sanitary investigation and inquiry,
which are in the custody of the State Board
of Health, are not public records, and therefore
are not open to public inspection.

305

See CONSTITUTIONAL LAW. 10.

3.

Letters and Memoranda received
by Civil Service Commission in
the Investigation of Appointees
to Office in the City of Boston. 351
In the performance of the duties required
by St. 1909, c. 486, § 10, that the Civil Service
Commission shall make a careful inquiry into
the qualifications of a nominee for office in the
city of Boston, under such rules as they may,
with the consent of the Governor and Council,
establish, such commission act in a special and
limited capacity under the authority of that
section alone, and they are not controlled by
the general provisions relating to civil service,

PUBLIC RECORDS - Continued.
in R. L., c. 19, and in the rules formulated
thereunder.

Letters and other memoranda received by
the Civil Service Commission in the course of
the investigation provided for in St. 1909,
c. 486, § 10, are not received, and are not
required to be received, for filing within the
meaning of R. L., c. 35, § 5, providing that
the words "public records' shall mean "any
written or printed book or paper, any map or
plan of the commonwealth or of any county,
city or town which is the property thereof and
in or on which any entry has been made or is
required to be made by law, or which any
officer or employee of the commonwealth or
of a county, city or town has received or is
required to receive for filing;" and they are
not, therefore, public records as therein de-
fined.

A member of the Legislature has no greater
right to inspect letters or papers which are in
the possession of the commission but are not
public records, than has any other member of
the public.

4. - Records of Public or Incorporated
Hospitals Inspection
. 581
Under the provisions of St. 1905, c. 330,
§3, that the records of hospitals supported in
whole or in part by contributions from the
Commonwealth or from any municipality, and
incorporated hospitals offering treatment to
patients free of charge or conducted as public
charities, "shall not be open to public inspec-
tion until they are produced in court by the
person having the custody of the same,'
"the
superintendent or other officer in charge of such
institution is not required or permitted to
furnish any person with a copy of any part
of such record.

302

424

See STATE BOARD OF HEALTH. 4.

PUBLIC RIGHTS - In Great Ponds
Control and Regulation

ified Voters of the Common-

wealth
See CONSTITUTIONAL LAW. 17.

scription-Registered Physician
Place of Residence

A registered pharmacist may, under the pro-
visions of St. 1906, c. 281, fill a prescription
written by a registered physician practising
medicine in the city or town where such
registered pharmacist is engaged in business,
without regard to the place of residence of
such physician.

Board of Registration in Pharmacy
Intoxicating Liquor Sale
Certificate

50

A registered pharmacist who holds a certifi-
cate issued by the Board of Registration in
Pharmacy, under the provisions of R. L., c. 100,
§ 23, and stating that such pharmacist is a
proper person to be entrusted with a license to
sell intoxicating liquor, as provided in section
21, such certificate having been issued before
the passage of St. 1906, c. 281, authorizing
registered pharmacists to sell without license
intoxicating liquor upon prescriptions of
registered physicians practising within the
same city or town, under the conditions set
forth in such chapter, must, before taking
advantage of the provisions of St. 1906, c. 281,
receive a new certificate of fitness from such
Board.

See COMMONWEALTH. 1.

.

Of Veteran in Service of Common-
wealth Compensation

See COMMONWEALTH. 2.

Of Veteran in Service of Common-

455

233

119

128

REGISTERED

See COMMONWEALTH. 3.

See AUTOMOBILES. 3.

See COMMONWEALTH. 4.

206

RETURNS

318

- Of Companies engaged in
the Transmission of Intelligence

by Electricity Public Records 122
See PUBLIC RECORDS. 1.

Of Legislative Counsel and Agents
Compensation.

514

RIOT

-

- Time

364

153

259

See LEGISLATIVE COUNSEL AND
AGENTS.

469

515

The public authorities of a county, city or
town, in cases of a public disturbance with
rioting or anticipated rioting, are required to
use the utmost of the powers within their
control for the enforcement of the laws and the
preservation of the peace.

Since a sheriff, in cases where actual rioting
exists or is imminently threatened, may require,
under the provisions of R. L., c. 23, § 14, suit-
able aid in the preservation of the peace, he

RIOT

Continued.

may under such circumstances call such assist-
ance as a man of ordinary prudence, firmness
and activity in his situation would think neces-
sary to quell the existing or threatened dis-
turbance.

In cases of existing or threatened rioting,
the sheriff of a county, the mayor of a city or
the selectmen of a town may issue a precept
under the provisions of St. 1908, c. 604,
§§ 142-150, directed to any commander of a
brigade, regiment, battalion, corps of cadets,
or company within his or their jurisdiction,
requiring such commander to appear and aid
the civil authority in suppressing violence and
supporting the laws, the issuance of such pre-
cept being governed by the exercise of the
sound discretion, good judgment and honesty
of purpose of the sheriff or other local officer
or officers in determining as a matter of fact
whether or not the local police may be able
to cope with the existing or threatened situ-
ation.

Corporation having no Com-
pleted Roadbed

192

43

A railroad company incorporated in the
State of Rhode Island and Providence Planta-
tions, under an act containing the provision,
among others, that if such company fails to
complete the location, lay-out and construction
of its railroad on or before May 15, 1909, the
charter shall be void and of no effect, which
has filed its location and acquired by con-
demnation the land upon which to build its
road, but has not otherwise complied with the
conditions of its charter, and has constructed
no physical railroad, is not a railroad company
whose road is located wholly or in part in one
of the New England States within the meaning
of R. L., c. 113, § 26, cl. 3, par. b, which pro-
vides that savings banks may invest "in the
first mortgage bonds of a railroad company
incorporated in any of the New England
states and whose road is located wholly or in
part in the same."

26

2.

Special Regulations for Automobiles
Cities and Towns Posting. 78
See AUTOMOBILES. 2.

183

Authorized Investments Bonds,
Coupon Notes or Other Evi-
dences of Indebtedness of the
New York, New Haven & Hart-
ford Railroad Company.
Bonds, coupon notes or other evidences of
indebtedness of the New York, New Haven
& Hartford Railroad Company, a corporation
chartered by the laws of this Commonwealth,
payable more than twelve months after the
date of issue and issued prior to the passage of
St. 1908, c. 620, in excess of the capital stock
of such railroad corporation, which do not fall
within any of the exceptions set forth in St.
1906, c. 463, part II., § 66, are issued in
violation of the provision of such section that
"a railroad corporation, unless expressly au-
thorized by its charter or by special law, shall
not issue bonds, coupon notes or other evi-
dences of indebtedness payable at periods of
more than twelve months after the date
thereof to an amount which, including the
amount of all such securities previously issued
and outstanding, exceeds in the whole the
amount of its capital stock at the time actually
paid in;" and such bonds, coupon notes or

3.

Authorized Investments - First
Mortgages of Real Estate -

Notes secured by a Mortgage of
Real Estate to a Trust Company 256
Notes secured by a mortgage of a tract of
land with buildings thereon to a trust company
as trustee, as security for an issue of notes made
by the owners of the property, of which the
notes in question are a part, are not a legal
investment for savings banks, since they do
not constitute an investment in "first mort-
gages of real estate," within the provisions
of St. 1908, c. 590, § 68, cl. 1, defining author-
ized investments for savings banks in this
Commonwealth.

National Bank or Trust Company
Connected Offices - Elevator
or Dumb-waiter

264

A connection between a savings bank having
an office upon the second floor of a building and
a national bank or trust company upon the
floor below by means of a small lift or dumb-
waiter, is forbidden by the provision of St.
1908, c. 590, § 19, that "no savings bank shall
occupy the same office or suite of offices with
a national bank, trust company or other bank
of discount, nor any office directly connected
by means of doors or other openings in parti-
tions with the office or suite of offices used or
occupied by any such national bank, trust
company or other bank of deposit."

5.

--

Street Rail-

-

338

Legal Investments
way Company - Bonds Divi-
dend equal to Five Per Cent. for
Five Years Returns Nine
Months ending June 30, 1910
Board of Railroad Commissioners
Certification.
The Board of Railroad Commissioners, under
the provision of St. 1908, c. 590, § 68, sub-
division fifth, that deposits and the income
derived therefrom may be invested by savings
banks "in the bonds of any street railway
company which has earned and paid in
dividends in cash an amount equal to at least
five per cent. upon all its outstanding capital
stock in each of the five years last preceding
the certification by the board of railroad com-
missioners hereinafter provided for;" and of
St. 1909, c. 502, § 1, that the annual returns
required by law to be made to such Board
shall be returns for the year ending on the
thirtieth day of June; and section 2, that such
returns for 1910 "shall cover the doings of
street railway companies for the preced-

ing nine months only, and said period of nine
months shall be deemed, under the provisions
of section sixty-eight of chapter five hundred
and ninety of the acts of the year nineteen

-

SAVINGS BANKS Continued.
hundred and eight, sub-division Fifth,
as one of the five years therein referred to,
but the requirement that dividends equal to
at least five per cent. upon all the outstanding
capital stock of a street railway company shall
have been earned and paid in cash in each of
said five years, shall not apply to said period
of nine months; and any street railway com-
pany which shall have earned and paid divi-
dends in cash an amount equal to five per
cent. upon all its outstanding capital stock in
each of the five preceding years with the ex-
ception of said nine months period, shall be
included in the list to be certified and trans-
mitted by the board," may certify and
transmit to the Savings Bank Commissioner
the name of a street railway company which
has paid dividends of 2 per cent. for the year
ending Sept. 30, 1905, 5 per cent. for the years
ending Sept. 30, 1906, 1907, 1908 and 1909,
respectively, and 2 per cent. on common and
3 per cent. on preferred stock for the nine
months ending on June 30, 1910.

6.

-

By providing in St. 1908, c. 590, § 68, cl. 3,
subdivision a, that deposits in savings banks
and the income derived therefrom may be
invested in the bonds or notes, issued in
accordance with the laws of this common-
wealth, of a railroad corporation incorporated
therein, or in the first mortgage bonds

of a terminal corporation incorporated in this
commonwealth," and in subdivision c of cl. 3
of said § 68, as amended by St. 1909, c. 491,
§ 8, that such deposits and the income derived
therefrom may be invested "in the first mort-
gage bonds of a railroad corporation incorpo-
rated in any of the New England states, the
railroad of which is located wholly or in part
therein," the Legislature intended to restrict
the investment of such deposits and income
to the first mortgage bonds of terminal com-
panies incorporated within the Commonwealth.

The Portland Terminal Company, a cor-
poration organized under the laws of the State
of Maine for the purpose of establishing,
maintaining, operating and developing a
terminal in the city of Portland, and author-
ized to acquire and hold any or all of the
franchises, rights or properties of certain
railroad corporations within the territory
designated as such terminal, which within
such territory operates trains, issues time-
tables, sells tickets therefor, and generally
engages in the business of a common carrier
of passengers, baggage and express, may,
however, be construed to be a "railroad
corporation" within the meaning of St. 1908,
c. 590, § 68, cl. 3, subdivision c, as amended
by St. 1909, c. 491, § 8, above quoted.

Unincorporated Association - Way

or Manner of transacting Business 372
See Co-OPERATIVE BANK.