Whenever eggs that have been in cold storage are sold at wholesale or retail, or offered or exposed for sale, the basket, box or other container in which the eggs are placed shall be marked plainly and conspicuously with the words "cold storage eggs," or there shall be attached to such container a placard or sign having on it the said words. If eggs that have been in cold storage are sold at retail or offered or exposed for sale without a container, or placed upon a counter or elsewhere, a sign or placard, having the words "cold storage eggs' plainly and conspicuously marked upon it, shall be displayed in, upon or immediately above said eggs; the intent of this act being that cold storage eggs sold or offered or exposed for sale shall be designated in such a manner that the purchaser will know that they are cold storage eggs. The display of the words "cold storage eggs," as required by this act, shall be in letters not less than one inch in height and shall be done in such a manner as is approved by the state board of health.

Your questions relate to the sale of eggs which are at the time of sale in cold storage. The language of the statute is, "whenever eggs that have been in cold storage are sold," etc. The intention of the Legislature in the enactment of this legislation was to protect the public against the sale of cold storage eggs for those of a more desirable quality.

You call attention to the self-evident fact that eggs that are in cold storage have been in cold storage. Notwithstanding this very apparent fact, I have to say that in my opinion the statute in regard to marking containers and in regard to placards and signs applies to eggs that have been in cold storage and have been withdrawn from cold storage for the purpose of sale or to be offered or exposed for sale, and that the words "eggs that have been in cold storage," as used in this statute, do not relate to eggs that are in cold storage when sold or offered for sale.

The purpose of this statute is set forth in the statute itself in the following words: "the intent of this act being that cold storage eggs sold or offered or exposed for sale shall be designated in such a manner that the purchaser will know that they are cold storage eggs." Obviously, when eggs are sold while actually in cold storage, the facts as to storage are necessarily known to both buyer and seller, and the opportunity for fraud as to the fact of storage in such a case does not exist. It is only when eggs in cold storage are withdrawn therefrom that opportunity is offered for fraud in their sale. I therefore answer your first inquiry in the negative; and the answer to this question, with the views above set forth, seems

also to dispose of your second inquiry, and further comment seems unnecessary.

In response to your third question I have to say that whenever eggs that have been in cold storage and have been withdrawn therefrom are sold or exposed or offered for sale in this Commonwealth, whether for consumption here or for export, the containers of such eggs must be marked as required by statute.

Very truly yours,

THOMAS J. BOYNTON, Attorney-General.

Civil Service Inspectors of Masonry Construction - Building

Inspectors.

Under St. 1914, c. 540, it is the duty of the Civil Service Commissioners to certify for positions as inspectors of masonry construction only persons who have had practical experience as journeymen masons, but the provisions of this statute do not apply to the position of a building inspector unless his principal duty is the inspection of masonry construction.

Civil Service Commission.

Ост. 6, 1914.

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

First. Is it the duty of the Civil Service Commission to certify for positions as inspectors of masonry construction only persons who have had practical experience as journeymen masons, or may it certify persons who without any experience as journeymen masons have acquired a knowledge of masonry construction by working as foremen, civil engineers, or architects, or other lines of employment which would give them a knowledge of masonry construction?

Second. In certifying for the position of building inspectors in the different cities and towns of the Commonwealth, is it the duty of the commission to certify only such persons as have had practical experience as journeymen masons?

The statute in regard to this matter (chapter 540 of the Acts of 1914) provides as follows:

SECTION 1. Persons employed by the commonwealth, or by any metropolitan board or commission, or by any county, city or town, as inspectors of masonry construction, shall have had at least three years' practical experience in masonry construction, but shall not be

required to have technical knowledge as engineers, architects or draftsmen, unless they have other duties for which such knowledge is necessary. The provisions of this section shall apply only to persons whose principal duty is the inspection of masonry construction, consisting of stone, brick or substitutes therefor.

The answer to your question depends upon the definition given to the the phrase "practical experience." The word "practical," so far as its definition is necessary in the consideration of this question, may be defined as "relating or pertaining to action, practice, or use: opposed to theoretical, speculative or ideal. (a) Engaged in practice or action; concerned with material rather than ideal considerations. (b) Educated by practice or experience; as, a practical gardener. (c) Derived from experience; as practical skill; practical knowledge. (d) Used, or such as may advantageously be used, in practice. (e) Exemplified in practice." "Experience" is defined as "a trial, proof, experiment, experimental knowledge. The state or fact of having made trial or proof, or of having acquired knowledge, wisdom, skill, etc., by actual trial or observation; also, the knowledge so acquired; personal and practical acquaintance with anything."

'Experience," then, may be gained either by actual trial or by observation. "Practical experience" clearly means experience gained by actual trial, that is, by the actual manual performance of work in masonry construction. This definition coincides precisely with the popular use of the term "practical experience." It is provided by clause 3 of section 4 of chapter 8 of the Revised Laws that

Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such meaning.

The popular use of the word "practical," as applied to various callings, as, a practical gardener, practical mechanic, practical farmer, coincides exactly with the definition and construction above given.

I have not found any decision of the Supreme Court defining the phrase "practical experience." My attention has been directed to the case of State v. Starkey, 49 Minn. 503, and to the case of People v. Board of Aldermen, 42 N. Y.

Supp. 545, but a distinction may readily be drawn between each of these cases and the question now under consideration.

It is my opinion that under this statute your commission should certify for positions as inspectors of masonry construction only such persons as have had three years' experience as journeymen masons.

In answer to your second question I have to call your attention to the language of the statute itself: "the provisions of this section shall apply only to persons whose principal duty is the inspection of masonry construction, consisting of stone, brick or substitutes therefor." This seems to me to clearly answer your question. The fact that a building inspector of a city or town may at some time be required to inspect masonry construction does not affect the matter of his qualification for appointment unless his principal duty is the inspection of that kind of work.

Very truly yours,

THOMAS J. BOYNTON, Attorney-General.

Civil Service - Foremen and Inspectors - Vacancies. Whenever the Civil Service Commission is required to certify a list of names of persons by reason of a vacancy in the position of foreman or inspector in any department, it must, when practicable, include the name of one person serving as a laborer or mechanic in such department.

Civil Service Commission.

GENTLEMEN: You ask for a construction by the AttorneyGeneral of chapter 479 of the Acts of 1914, and whether your commission shall certify for each vacancy the name of one person who is serving as a laborer or mechanic in any department, or whether the person to be certified must have had special experience in the service required in the position which he is to fill.

The statute is clear and is, I think, to be taken literally. It reads as follows:

Whenever an appointing officer or board shall make requisition upon the civil service commission to fill a vacancy or vacancies in the position of foreman or inspector, and a request is made in said. requisition for the certification of persons having had experience in

the department from which the requisition comes, the commission shall, so far as may be practicable, include among the names certified the name of at least one person for each vacancy who is serving as a laborer or mechanic in such department.

The words "persons having had experience in the department" are not, in my opinion, to be taken to mean experience in some special work of the department. The last clause of section 1"the commission shall, so far as may be practicable, include among the names certified the name of at least one person for each vacancy who is serving as a laborer or mechanic in such department" - should be construed exactly as it reads; that is, any person serving as a laborer or mechanic in such department is eligible to certification.

Very truly yours,

THOMAS J. BOYNTON, Attorney-General.

Board of Education - Superintendency Union Towns. Under St. 1914, c. 556, only such towns as are required to join a superintendency union are required to belong to such a union.

Massachusetts Board of Education.

Nov. 12, 1914.

GENTLEMEN: I am in receipt of your letter making inquiry as follows:

Chapter 556 of the Acts of 1914 places upon the Board of Education the responsibility of establishing standards of organization, equipment and instruction for high schools maintained by the towns required to belong to a superintendency union. In the discharge of this duty the Board finds it is necessary to secure the opinion of the Attorney-General as to the interpretation of the phrase "required to belong to a superintendency union."

In my opinion the words in question refer only to towns required to join a union; i.e., to the towns enumerated in section 43 of chapter 42 of the Revised Laws. The fact that other towns which have the option to join a union or not, may, by joining voluntarily, render themselves forever bound to that union, does not classify them as towns "required to belong to a superintendency union."

Very truly yours,

THOMAS J. BOYNTON, Attorney-General.