3.

-

SCHOOLS - Continued.

4.

Independent Industrial Schools
Non-resident Pupils Tuition

-

Fees Maintenance Fund
Disposition of Revenue - Cities
and Towns Money received
from Fees for granting Licenses
for the Sale of Intoxicating
Liquor

. 315
St. 1908, c. 572, § 4, which permits the at-
tendance of non-resident pupils at an inde-
pendent industrial school " upon payment by
the city or town of his residence of such tuition
fee as may be fixed by the" State Board of
Education, authorizes such Board to establish
a tuition fee for such attendance which in the
view of the Board is fair and reasonable under
all the circumstances of the case. Tuition fees
received from non-resident pupils, and revenue
arising from compensation for the work of
pupils or from a sale of the products of an
independent industrial school, should be ap-
plied to the maintenance of such school.

Money received by a city or town from fees
for the granting of liquor licenses and appro-
priated to the maintenance fund of an inde-
pendent industrial school is not "money raised
by local taxation" or "money donated or con-
tributed," within the meaning of St. 1906,
c. 505, § 5, as amended by St. 1909, c. 540,
providing that where "a city, town or district,
either by moneys raised by local taxation or by
moneys donated or contributed, has maintained
an independent industrial school, the common-
wealth, . . shall pay . to such cities,
towns or districts a sum equal to one half the
sum raised by local taxation," and no account
should be made thereof in the reimbursement
provided for in such section.

261

Industrial Education - Independ-
ent Industrial Schools State
Board of Education Public
Schools Cities and Towns
The provisions in sections 2 and 3 of chapter
505 of the Acts of 1906 for the establishment
of independent industrial schools, for the
maintenance of which the Commonwealth has
in part to reimburse the municipalities by
which such schools are established, do not
create distinct classes of schools after estab-
lishment, but rather prescribe methods by
which such schools may be created, and con-
template industrial schools, the establishment
of which has been initiated and superintended
by the Commission on Industrial Education,
or by its successor, the State Board of Educa-
tion, or has been provided for by the munic-
ipality in which such school is located.

An independent industrial school, so estab-
lished, must be in addition to, and not a part
of, the public school system of the city or town
where such school is located.

Where there is imminent, impending danger
of a riot or other breach of the peace, the
sheriff of any county may call such aid as a
man of ordinary prudence, firmness and ac-
tivity in such situation might think necessary
to quell such riot or disturbance; or where a
tumult, riot or mob actually exists or is threat-
ened he may, under the provisions of St. 1908,
c. 604, § 142, issue a precept directing any
commander of a brigade, regiment, battalion,
corps of cadets or company within his juris-
diction "to appear at a time and place therein
specified, to aid the civil authority in sup-
pressing such violence and supporting the
laws."

If, however, no riot or other breach of the
peace actually exists or is threatened, a sheriff
has no authority to call upon citizens to act
as patrolmen or to do ordinary police duty.

SOLDIERS' HOME IN CHELSEA –

Continued.

may deem to be proper," may receive in such
home or institution any deserving soldier or
sailor, who has served in the organized military
or naval forces either of the commonwealth or
of the United States; and the transfer con-
templated by St. 1908, c. 199, § 3, providing
that "all real and personal estate held by said
trustees shall revert to the commonwealth
when the purpose for which the trustees were
incorporated shall have been accomplished,"
may not be made upon failure to find inmates
for the institution who have served in the late
war of the rebellion.

BOARD OF CHARITY
Minor Child - Religious Faith
Adoption Discharge.

. 457

471

531

.

124

St. 1905, c. 464, § 1, which in part provides
that "No minor child in the care, or under the
supervision of any state board of charity, or of
any state commission, or state board of
trustees, shall be denied the free exercise
of the religion of his parents
does not

affect the authority of the State Board of
Charity in its discretion to discharge a minor
child committed to its custody into the custody
of adopted parents, if it appears to such Board
that the objects of the commitment have been
accomplished and that the interests of the
child will be best served by such discharge,
notwithstanding that the religious belief of
such adopted parents differs from that of the
natural parents of such child.

STATE BOARD OF EDUCATION
Initiation of Independent In-
dustrial Schools

See SCHOOLS. 3.

STATE BOARD OF HEALTH— Con-
tagious Diseases Co-ordinate
Powers with Local Boards of
Health Cities and Towns

-

. 261

81

Under R. L., c. 75, § 8, providing in part
that "if smallpox or any other contagious
or infectious disease dangerous to the public
health exists or is likely to exist in any place

STATE BOARD OF HEALTH - Con-

tinued.

within the Commonwealth," the State Board
of Health shall make an investigation thereof
and "shall have co-ordinate powers as a board
of health in every city and town, with the board
of health thereof. "the exercise of such
co-ordinate powers by the State Board of
Health is confined to places throughout the
Commonwealth where contagious diseases
exist or seem likely to exist.

2.

Nuisance Jurisdiction - Abate-
ment of Nuisance Pending
Complaint to Local Board of
Health and Bill of Complaint
in Superior Court

85

was

The State Board of Health may, under the
provisions of R. L., c. 75, § 109, entertain an
application or complaint alleging that a cor-
poration engaged in the manufacture of cement
is maintaining a nuisance upon its premises,
and may investigate the conditions attending
such manufacture upon such premises, not-
withstanding that such corporation
authorized by the local authorities to engage
in and carry on the business of manufacturing
cement at such place, and notwithstanding
that a bill of complaint of the same tenor was
filed by the petitioner and is now pending
before the Superior Court, and that a like
complaint has been presented to the local
board of health, upon which such board has
not yet acted.

St. 1906, c. 386, as amended by St. 1907,
c. 259, providing in section 1 that "upon every
package, bottle or other receptacle holding
any proprietary or patent medicine . . . shall
be marked or inscribed a statement on the
label of the quantity or proportion of each
of said substances contained therein," requires
that the container of fractional parts sold
from the original package by prescription shall
be also marked with the prescribed label.

The provision of St. 1906, c. 386, § 6, as
amended by St. 1907, c. 259, that the State
Board of Health shall not cause the prosecu-
tion of persons violating the provisions of
such act "for the sale at retail or for the gift
or exchange of any patent or proprietary
medicine or food preparation containing any
drug or preparation the sale of which is pro-
hibited or restricted as aforesaid," until after
public notice, is not applicable to sales of
unlabeled quantities.

STATE BOARD OF HEALTH - Con-
tinued.

amended by St. 1907, c. 467, vesting in such
board the "oversight and care of all inland
waters and of all streams and ponds used
by any city, town or public institution..
as sources of water supply," and providing
that it may regulate and control the exercise
of the public rights of fishing, boating, skating
or taking ice, and may delegate the power of
granting or witholding permits to the local
authority, may regulate the exercise of
such public rights on Wright's Pond and
Ashley's Pond in the city of Holyoke, used by
said city as a source of water supply under
the provisions of St. 1872, c. 62, provided
such regulation or prohibition is reasonably
necessary to secure the sanitary protection
thereof.

R. L., c. 75, § 133, as amended by St. 1907,
c. 467, 1, providing in part that the State
Board of Health "may make rules and regula-
tions to prevent the pollution and to secure
the sanitary protection of all such waters as
are used as sources of water supply," and
"may delegate the granting and withholding
of any permit required by such rules or regu-
lations to state boards and commissions and to
selectmen in towns and to boards of health,
water boards and water commissioners in
cities and towns, to be exercised by such
selectmen, boards and commissions . .
and upon complaint of any person interested
said board shall investigate the granting or
witholding of any such permit and make
such orders relative thereto as it may deem
necessary for the protection of the public
health," does not authorize the State Board
of Health, upon petition of certain inhabitants
of a town requesting such Board to cause
suitable rules and regulations to permit
fishing in certain reservoirs artificially con-
structed and now owned and used as a source
of water supply by such town, to require the
water and sewer board thereof to issue per-
mits for fishing, since the regulation of boating
or fishing or of any use of such reservoirs
which does not directly relate to the preserva-
tion of the purity thereof is for such town to
establish.

6.

448

Water Supply Great Ponds -
Control and Regulation - Public
Rights Cities and Towns
Under the provisions of R. L., c. 75, §§ 112
and 113, as amended by St. 1907, c. 467,
vesting in the State Board of Health the
"oversight and care of all inland waters and of
all streams and ponds used by any city, town
or public institution . as sources of water
supply," and providing that it may regulate
and control the exercise of the public rights of
boating, fishing, skating or taking ice, and may
delegate the power of granting or withholding

STATE BOARD OF HEALTH - Con-

tinued.
permits to the local authorities, "and upon
complaint of any person interested. . . shall
investigate the granting or withholding of any
such permit and make such orders relative
thereto as it may deem necessary for the
protection of the public health," a city or
town may prohibit the public right of boating
or fishing upon a great pond used as a source
of water supply only in cases where such pro-
hibition is necessarily involved in the use of
such great pond as a source of water supply,
and where complaint is made with respect to
the granting or withholding of a permit by the
local authorities, if such board considers that
the issuance of the permit so withheld would
not endanger the purity of the source of water
supply, it may make such order in the premises
as it deems necessary for the protection of the
public health, and may doubtless require the
issuance of the permit.

STATE HIGHWAY - Continued.
limitations, conditions and restrictions pro-
vided in sections eighteen, twenty and twenty-
one of chapter fifty-one, except that notice of
the injury shall be given to a member of the
commission or to its secretary," no liability
is imposed upon the Commonwealth for dam-
ages to the person or property of a traveler
upon a State highway other than for damages
caused by reason of a defect or a want of
repair or of a sufficient railing in or upon such
highway. To constitute such defect or want
of repair there must be something in the con-
dition of the highway, either by reason of
defective construction or want of repair or in
the nature of an obstruction, which is danger-
ous to the safety of the person or property
of the traveler; and where the property of
such traveler upon a State highway is damaged
by splashes of liquid asphalt used in connection
with the construction or repair of such high-
way, the statute above cited affords no remedy.
4.

Opening - City or Town-Water
Works Service Pipes

242

The water commissioners of a town are not
authorized, without the permission of the
Massachusetts Highway Commission, as re-
quired by R. L., c. 47, § 11, to open a State
highway for the purpose of laying service pipes
therein, under an act providing that, in the
construction and maintenance of suitable water
works for the use of such town, they may "lay
and maintain aqueducts, conduits, pipes and
other works under and over . . . public and
other ways" in such town.

STREET RAILWAYS Continued.
purposes aforesaid as are set out in its petition
to said board," authorizes the Board of Rail-
road Commissioners to approve an issue of
bonds and the sale thereof by a street railway
company at less than par value, provided that
the price realized by such sale furnishes a fair
and reasonable equivalent for the securities
so disposed of.

The Board of Railroad Commissioners, hav-
ing acted upon the petition of a street railway
company and determined the amount of bonds
which, if sold at par, would realize the amount
properly expended or properly required, as set
forth in the petition, upon a subsequent
petition may take into consideration the fact
that the petitioner has been unable to dispose
of the bonds so authorized at par, and may
approve a further issue of bonds for the same
purpose in order to meet the deficit so created.

St. 1910, c. 536, amending St. 1906, c. 463,
Part III., § 103, and providing that the Board
of Railroad Commissioners, in authorizing an
issue of bonds under section 103, "may pre-
scribe the minimum price at which such bonds
shall be sold, and may modify such price from
time to time," and where the minimum price
so established is less than par, may provide
for the establishment of a sinking fund which
at the maturity of the bonds will amount to the
difference between the selling price and the par
value thereof, is applicable to a petition pend-
ing at the time of its passage.

524

2.

Free Transportation of Letter Car-
riers in Uniform-Constitutional
Law Safety, Health or Proper
Convenience of the Public . 388
A statute requiring street railway companies
to carry free on their passenger cars United
States letter carriers in uniform in the city or
town in which such letter carriers are employed,
does not tend to promote the safety, health or
proper convenience of the public, but is an
arbitrary enactment in favor of the persons
designated, letter carriers in uniform, and, as
such, is unconstitutional and void.

Of Domestic Street Railway
Company Acquisition of, by
Foreign Railroad Corporation
See FOREIGN CORPORATION. 1.

See SCHOOLS. 2.

Taxation

Tax

See TAXATION. 3.

Bonds of - Legal Investment for
Savings Bank - Dividend Equal
to Five Per Cent. for Five Years
- Returns including Nine
Months, ending June 30, 1910 -
Certification by Board of Rail-
road Commissioners.
See SAVINGS BANKS. 5.

.

338