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.
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 –
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.
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
STATE BOARD OF HEALTH— Con- tagious Diseases Co-ordinate Powers with Local Boards of Health Cities and Towns
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-
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.
Nuisance Jurisdiction - Abate- ment of Nuisance Pending Complaint to Local Board of Health and Bill of Complaint in Superior Court
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.
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
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.
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 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.
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