to render aid, and that the sufferers must of necessity be left to the haphazard of private charity. The local authorities are necessarily practically powerless in the presence of such great destruction and suffering. The condition of things so suddenly precipitated, the claims of humanity, and the good of the Commonwealth call for immediate and extraordinary relief. It is my opinion that the Legislature has power under the Constitution to appropriate money from the funds of the Commonwealth to be used under such direction and supervision as it may deem proper for providing proper food, clothing and shelter for the sufferers by the Salem fire during such period of time as may be deemed necessary, as a measure for the protection of the health and safety of the people, and for the promotion of the general welfare.

Very truly yours,

THOMAS J. BOYNTON, Attorney-General.

Labor-Eight-hour Day - Police Drivers.

Civilians employed as hostlers or drivers in the Boston police department are within the provisions of St. 1911, c. 494, § 1, restricting employment of certain persons to eight hours in a calendar day, but police officers detailed to perform the work of drivers or hostlers are not so restricted.

State Board of Labor and Industries.

JULY 8, 1914.

GENTLEMEN: You have requested my opinion upon the following questions:

First, are civilians employed as hostlers or drivers for the police department of the city of Boston within the provisions of chapter 494 of the Acts of 1911?

Second, are police officers who are detailed to perform the work of drivers and hostlers of the police department of the city of Boston entitled to the benefit of the eight-hour law?

Section 1 of chapter 494 of the Acts of 1911 provides as follows:

The service of all laborers, workmen and mechanics, now or hereafter employed by the commonwealth or by any county therein or 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 hundred and nine, or by any contractor or sub-contractor for or upon any public works of the commonwealth or of any county

therein or of any such city or town, is hereby restricted to eight hours in any one calendar day, and it shall be unlawful for any officer of the commonwealth or of any county therein, or of any such city or town, or for any such contractor or sub-contractor or other person whose duty it shall be to employ, direct or control the service of such laborers, workmen or mechanics to require or permit any such laborer, workman or mechanic to work more than eight hours in any one calendar day, except in cases of extraordinary emergency. Danger to property, life, public safety or public health only shall be considered cases of extraordinary emergency within the meaning of this section. 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. Threat of loss of employment or to obstruct or prevent the obtaining of employment or to refrain from employing in the future, shall each be considered to be "requiring" within the meaning of this section. Engineers shall be regarded as mechanics within the meaning of this act.

Your letter does not state, and I am not informed, whether the city of Boston has accepted the provisions of the eighthour law, but for the purposes of this opinion I assume that it has done so.

In answer to the first question I have to say that it is my opinion that civilians employed as hostlers or drivers for the police department of the city of Boston are within the provisions of section 1 of chapter 494 of the Acts of 1911.

In answer to your second question I have to say that it is my opinion that regular officers of the police department detailed to perform the duties of hostlers and drivers of that department are not within the provisions of the eight-hour law. They have a civil service rating as patrolmen, and draw salaries as police officers and not as hostlers or drivers.

Yours truly,

THOMAS J. BOYNTON, Attorney-General.

Clerks of Courts

Assistant Clerks

Clerks Pro Tempore.

Unless an assistant clerk of court is appointed clerk pro tempore in the absence of the clerk, such assistant is not entitled to any increase in his regular salary.

Hon. FRANK L. DEAN, Controller of County Accounts.

JULY 13, 1914.

DEAR SIR: You have requested my opinion upon the following question:

When an assistant clerk of a police, district or municipal court is appointed clerk pro tempore is he entitled to the salary of the clerk while holding such position?

R. L., c. 160, §§ 11, 12 and 70, provide:

SECTION 11. The clerk of a police, district or municipal court may, subject to the approval of the justice, from time to time appoint one or more assistant clerks, who shall be removable at his pleasure or at the pleasure of the court, for whose official acts the clerk shall be responsible and who shall be paid by him unless they receive salaries which may be allowed and fixed by law.

SECTION 12. In case of the absence, death or removal of a clerk of a police, district or municipal court, the court may appoint a clerk pro tempore, who shall act until the clerk resumes his duties or until the vacancy is filled.

SECTION 70. Clerks pro tempore of police, district and municipal courts shall receive from the county as compensation for each day's service an amount equal to the rate by the day of the salary of the clerk; but compensation so paid to a clerk pro tempore for service, in excess of thirty days in any one calendar year, shall be deducted by the county treasurer from the salary of the clerk.

St. 1906, c. 256, provides:

SECTION 1. In case of the absence, death or removal of an assistant clerk of a police, municipal or district court, other than the municipal court of the city of Boston, whose office is established by law, the clerk, subject to the approval of the justice, may appoint an assistant clerk pro tempore, who shall act until the assistant clerk resumes his duties or until the vacancy is filled, and who shall receive from the county as compensation for each day's service an amount equal to the rate by day of the salary of the assistant clerk; but compensation so paid to an assistant clerk pro tempore for service, in excess of twenty days in any one calendar year, shall be deducted by the county treasurer from the salary of the assistant clerk.

There is nothing in the law which prohibits the appointment of an assistant clerk of a court to the office of clerk pro tempore, but it is my opinion that the two positions are incompatible and cannot be held by one person at one and the same time. When an assistant clerk accepts an appointment as clerk pro tempore he vacates the position of assistant clerk, and is entitled to receive from the county as compensation for each day's service

an amount equal to the rate by the day of the salary of the clerk. Upon the expiration of his term as clerk pro tempore he is, of course, again eligible to appointment as assistant clerk.

Very truly yours,

THOMAS J. BOYNTON, Attorney-General.

Registers of Deeds - Salaries.

Salaries of registers of deeds are to be readjusted each year in accordance with the classifications provided in St. 1904, c. 452.

FRANK L. DEAN, Esq., Controller of County Accounts.

JULY 24, 1914.

DEAR SIR: You ask my opinion as to the proper method of determining the salary of the register of the Franklin Registry of Deeds, in view of the fact that the receipts of said registry in 1913 exceeded $3,000.

Chapter 452 of the Acts of 1904 established the salaries of registers and assistant registers throughout the Commonwealth. Certain classifications were made: Class A, where the yearly receipts for the five years preceding the year 1903 amounted to $3,000 or more, and where the register was given an initial salary of $1,600 plus a sum equal to 15 per cent. of said receipts; Class B, where the receipts were between $1,500 and $3,000, with an initial salary of $900 plus 40 per cent.; Class C, where the receipts were less than $1,500 per year, with a salary equal to the receipts and not less than $600. Several registries were mentioned by name and the salaries stated.

Section 2 of that chapter reads as follows:

The salaries of registers of deeds and assistant registers of deeds hereinbefore specified shall be readjusted in January, nineteen hundred and six, and every five years thereafter, upon the basis of the average yearly receipts of the respective registries for the five preceding years, in accordance with the classification set forth in section one.

This was amended by chapter 682 of the Acts of 1913, as follows:

SECTION 1. Chapter four hundred and fifty-two of the acts of the year nineteen hundred and four is hereby amended by striking out section two and inserting in place thereof the following:- Section 2. The salaries of registers of deeds and assistant registers of deeds here

inbefore specified shall be readjusted in January, nineteen hundred and fourteen, and in the month of January of each year thereafter, upon the basis of the receipts of the respective registries for the year preceding, every such readjustment to be in accordance with the classification set forth in section one.

SECTION 2. This act shall take effect upon its passage.

The plain purport of the recent enactment was to readjust the salaries each year, the readjustment to be in accordance with the classification set forth in the prior act, and by classification is meant that all registries whose receipts are more than $3,000 in the year shall be in Class A; those whose receipts are between $1,500 and $3,000 shall be in Class B, etc. It was not intended that a registry named as a Class B registry in the 1904 act should remain so if it had attained the rank of a Class A registry.

As the Franklin Registry is now in Class A, the salary of the register must be determined by the Class A rate, namely, $1,600 plus 15 per cent. of the receipts.

The position held by a member of a board of investment of a savings bank becomes vacant in sixty days after such member holds, either personally or as trustee, property mortgaged to said bank.

Hon. AUGUSTUS L. THORNDIKE, Bank Commissioner.

JULY 27, 1914.

DEAR SIR: - In a recent communication you state that you have received a letter from one of the savings banks in the Commonwealth which reads as follows:

For several years we have had a mortgage on a piece of property which has now been sold to an association known as The Twenty-five Associates. One of the trustees of The Twenty-five Associates, in whom the title of the property is vested and by whom the papers assuming the mortgage are signed, is a member of our board of investment. Would there be any objection to our continuing this mortgage under the circumstances?

You ask for an opinion upon the question raised by the bank, and further inquire if this loan is taken by the bank,