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They cannot be requested or required 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 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.

3. "Are cooks, maids and other domestics included under the eight-hour law?"

I am of opinion that they are so included. R. L., c. 8, § 4, cl. 4, provides: "Words importing the masculine gender may be applied to females." The Supreme Court of the United States, in the case of Silver v. Ladd, 7 Wall. 219, held that the words "single man" and "married man," in construing a benevolent statute of the government made for the benefit of its own citizens, must be taken in the generic sense; and that an act of Congress, granting by way of donation land in Oregon Territory to every white settler or occupant, embraced within the term "single man" an unmarried woman. I have no reason to think the Legislature intended to discriminate between men and women doing the same work, by providing that a man should not be required to work more than eight hours, while a woman might be required to work much longer.

4. "May employees arrange between themselves to substitute for each other, thus exchanging time off duty,

stance, in arranging for a vacation of two weeks?"

as, for in

There is no reason why they may not do so by mutual agreement; but they should not be requested or required to work more than eight hours in any one day by their employer.

5. "If an employee, as a precaution in case of fire or other emergency, is required to remain in a room adjoining a patient's room or dormitory, this employee being allowed and expected to go to bed and go to sleep, is this time of sleep to be considered as time on duty?"

No. It is no more a requirement than if you requested your employees to sleep in any particular building upon the premises of the hospital.

To the
Board of
Metropolitan
Park Com-
missioners.
1907
May 10.

BOARD OF METROPOLITAN PARK COMMISSIONERS

RULES AND REGULATIONS - ROADWAYS-VIOLATION OF RULES AND REGULATIONS ARREST WARRANT.

The authority of the Metropolitan Park Commission, under St. 1893, c. 407, § 4,
and St. 1894, c. 288, § 3, to make rules and regulations for the government
and use of open spaces, lands, rights and easements or interests in land, is
the same whether such lands or rights, easements or interests in land to
which such rules are applicable were acquired and are controlled by such
commission under St. 1893, c. 407, § 6, or St. 1896, c. 465, § 2.
The term "roadways," as used in St. 1894, c. 288, § 3, includes roadways under
the care of the Metropolitan Park Commission, constructed upon lands ac-
quired under St. 1893, c. 407, §§ 4 and 6.

A police officer appointed by the Metropolitan Park Commission may arrest with-
out warrant any person who violates in his presence any rule or regulation
duly made by such commission by authority of St. 1894, c. 288; and may
arrest without warrant any person who violates in his presence any rule or
regulation duly made by such commission by authority of St. 1903, c. 407,
whenever such violation involves acts which are in fact breaches of the pub-
lic peace.

By a communication dated April 10, 1907, your Board inquires:

1. Whether or not the commission has authority to make rules and regulations for the government and use of open spaces, lands, rights, easements or interests in lands transferred to its care and control under either St. 1893, c. 407, § 6, or St. 1896, c. 465, § 2.

2. Whether or not the term "roadways," referred to in St. 1894, c. 288, § 3, includes roadways under the care of the commission, constructed upon lands acquired under St. 1893, c. 407, §§ 4 and 6.

3. Whether or not a police officer appointed by the commission may arrest without warrant a person committing in his presence a violation of a rule enacted under either St. 1893, c. 407, § 4, or St. 1894, c. 288, § 3.

The open spaces, lands, rights, easements or interests in lands referred to in the first inquiry are those transferred to the care and control of the Metropolitan Park Commission under the following statutes:

St. 1893, c. 407, § 6:

Any city or town within said district, or any local board of such city or town, with the latter's consent, is hereby authorized and empowered

to transfer the care and control of any open space owned or controlled by it to the metropolitan park commission, upon such terms and for such period as may be mutually agreed upon; or to enter into an agreement with said commission for the joint care and preservation of open spaces within or adjacent to such city or town; and the metropolitan park commission may in like manner transfer the care and control of any open space controlled by it to any local board of a city or town within the said district, with the consent of such city or town and upon such terms and for such period as may be mutually agreed upon.

St. 1896, c. 465, § 2:—

Said commission is hereby authorized and empowered to transfer for care and control, including police protection, any lands or rights or easements or interest in land, although the same be a roadway or boulevard owned or controlled by it, to any city, town or county, or local board of a city or town within the metropolitan parks district, with the consent of such city, town, county or board, and upon such terms and for such period as may be mutually agreed upon, and to enter into an agreement with any such city, town or county or board for the joint care and control or police protection of said land or boulevard, and also for laying out, constructing and maintaining streets or ways into or across any such land or boulevard; and any city, town or county, or any local board within the metropolitan parks district, is hereby authorized and empowered to transfer for care and control, including police protection, any land, rights, easements or interest in land in its control, although the same be already a part of a public street owned or controlled by it, to the metropolitan park commission for such period and upon such terms as may be mutually agreed upon, and to enter into an agreement with said commission for the joint care and control, including police protection, of said land or street.

The powers of the commission in the premises were first defined in St. 1893, c. 407, § 4, which provided that:

Said board shall have power to acquire, maintain and make available to the inhabitants of said district open spaces for exercise and recreation; and to this end, acting so far as may be in consultation with the proper local boards, shall be authorized to take, in fee or otherwise, in the name and for the benefit of the Commonwealth, by purchase, gift, devise or eminent domain, lands and rights in land for public open spaces within said district, or to take bonds for the conveyance thereof;

In furtherance of the powers herein granted, said board may employ a suitable police force, make rules and regulations for the government and use of the public reservations under their care, and for breaches

thereof affix penalties not exceeding twenty dollars for one offence, to be imposed by any court of competent jurisdiction; and in general may do all acts needful for the proper execution of the powers and duties granted to and imposed upon said board by the terms of this act..

St. 1894, c. 288, the so-called "boulevard act," provided in section 1 that the Board of Metropolitan Park Commissioners might connect any road, park, way or other public open space with any part of the cities or towns of the metropolitan parks district under its jurisdiction, by a suitable roadway or boulevard; and such commission was given for this purpose authority to exercise any of the rights and powers granted to it by the earlier act, in the manner therein prescribed, as well as the power to take or acquire, in fee or otherwise, by purchase, gift, devise or eminent domain, lands or rights or easements or interest in land within the metropolitan parks district, although the land so taken or any part of it was already a street or way. Section 3 is in part as follows:

In furtherance of the powers herein granted said board may appoint clerks, police and such other employees as it may from time to time find necessary for the purposes of this act, remove the same at pleasure, and make rules and regulations for the government and use of the roadways or boulevards under its care, breaches whereof shall be breaches of the peace, punishable as such in any court having jurisdiction of the same; and in addition said board shall have the same rights and powers over and in regard to the roadways or boulevards taken and constructed hereunder as are or may be vested in them in regard to other open spaces by said chapter four hundred and seven and acts in amendment thereof and in addition thereto, and shall also have such rights and powers in regard to the same as, in general, counties, cities and towns have over public ways under their control.

In an opinion by Attorney-General Parker, dated Aug. 21, 1903 (2 Op. Atty.-Gen. 454), relating to the police jurisdiction of the Metropolitan Park Commission, it is said:

It follows, therefore, that the authority of the Metropolitan Park Commission with regard to police regulation of public open spaces does not differ from that which they have over parkways and boulevards as defined in the opinion of last year already referred to. (See 2 Op. Atty.-Gen. 363.)

St. 1894, c. 288, did not contain any provision by which a city or town within the district was empowered to transfer to the Metropolitan Park Commission open spaces within the control or ownership of such city or town, or to enter into joint agreements for the care or preservation of open spaces, or by which the commission might transfer the care and control of open spaces to any local board of a city or town, as appears in St. 1893, c. 407, § 6, above quoted. This omission was supplied in St. 1896, c. 465, entitled "An Act to better define the authority of the Metropolitan Park Commission." This statute, in section 1, deals exclusively with roadways or boulevards (see 1 Op. Atty.-Gen. 588, 593); and in my opinion is to be construed to be supplementary to St. 1894, c. 288. Section 2 of chapter 465 of the Acts of 1896 is herein before quoted.

I am of opinion that, so far as the power and authority of the Metropolitan Park Commission to make rules and regulations for the government of public open spaces, roadways or boulevards is involved, it is the same whether the lands or rights, easements or interest in land, to which such rules are applicable, were acquired by the Board and are controlled by it. under St. 1893, c. 407, § 6, or St. 1896, c. 465, § 2; and that such authority is defined in St. 1893, c. 407, § 4, and St. 1894, c. 288, § 3. (See 2 Op. Atty.-Gen. 454.)

The second inquiry deals with the term "roadways," as used in St. 1894, c. 288, § 3; and the substance of the inquiry is whether or not roadways constructed by the Metropolitan Park Commission upon lands acquired and held as open spaces, under the provisions of St. 1893, c. 407, are to be considered as parkways, roadways or boulevards constructed under the provisions of St. 1894, c. 288.

I am of opinion that they are to be so considered. It has already been decided that the commission may expend the money appropriated under the "boulevard act," so called (St. 1894, c. 288), in constructing a roadway over land already acquired by such board under St. 1893, c. 407, if the purpose of such connection is to connect a road, park, way or other public open space within any part of the cities or towns of the metro

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