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It is my opinion that the Clarke School for the Deaf is a charitable institution within the meaning of chapter 402 of the Acts of 1903, and that a report should be made annually to the State Board of Charity. The Clarke School was incorporated for the purpose of benefiting a class of defectives who are most seriously handicapped in their struggle for existence and in their participation in the blessings of life. Such was the noble end of the founders of the school, and these purposes and aims have never been lost sight of by those having the care and education of this weaker portion of our society. To suggest that such an institution is not charitable would seem to cast a reflection on the school and all those interested in its achievements. That it is also an educational institution in no way lessens its charitable nature. There would seem to be no reason why many institutions may not be both charitable and educational, and the fact that this school, by reason of its educational features, submits a report to the State Board of Education is no reason in itself why it ought not to report likewise to the State Board of Charity.

It might also be argued that the Legislature intended to give the State Board of Charity supervision over all institutions which exercise a control over the weaker elements of society, as a guard against the abuse of the confidence reposed in them by the contributing public, and as a protection to the unfortunates intrusted to their care, the latter being obviously handicapped in any effort to protect themselves.

Very truly yours,

THOMAS J. BOYNTON, Attorney-General.

INDEX TO OPINIONS.

PAGE

Agricultural societies, bounties; interpretation of 12-mile restriction,
Agriculture, Board of, authority to award prizes for system of farm book-

keeping and plan of dairy barn.

8

58

Alimony, provision for, on annulment of marriage,
Assessors, first assistant, of Boston, civil service rules,

60

56

Automobiles and motor vehicles, regulation of operation in the town of
Nantucket; constitutional law,

66

Boards of health, appointment of member as inspector of slaughtering,
approval by State Board of Health,

31

Bond, certificate of renewal of,

92

Boston, Cape Cod & New York Canal Company, deposit with Treasurer
and Receiver-General,

164

Boston Transit Commission, extension of term of office; constitutional
law,

139

Building laws, application of, building containing two or more establish-
ments each employing less than ten persons,

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Call fireman, appointment to permanent force without civil service exam-
ination, captain,

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Charters, general municipal corporation act; constitutional law,

215

Cities and towns, bonds and notes, municipal debts,

141

Liability of, for injuries resulting from accidents in manual training
schools,

221

Sales of land acquired for a public domain; supervision of State
Forester, expenses,

223

Citizens of the United States. employment of, by a city, discharge of
non-citizens, civil service,

179

Civil service, appointment of call fireman to position of captain of per-
manent force without civil service examination,

35

Certification of laborer or mechanic having had experience in the de-
partment making requisition, to fill vacancy in position of fore-
man or inspector, .

200

Citizens of United States, employment of, by a city, discharge of
non-citizens,

179

Department of Health, employees of State Board of Health,
Eligibility of person above fifty years of age for appointment as in-

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Sealers of weights and measures, election of, provided for by city
charters,

94

Tenure of office of, in certain towns, annual appointment,

11

Civil Service Commission, approval of appointments to planning board

of Boston,

38

Civil war veteran, gratuities, re-enlistment as substitute,
Clerks of court, assistant clerks, clerks pro tempore,

Naturalization fees,

Cold-storage eggs, sales in storage, interstate shipments,
Commutation of life sentence to imprisonment for a term of years; con-

stitutional law,

Constitutional law, appropriation of public funds for relief of sufferers by
Salem fire,

Authority of cities and towns to harvest and sell ice,

Authority to enact general municipal corporation act; power of city

to amend charter,

Authority to fix time for filing report by grade crossing commission, Authority to take water from interstate stream, damages to nonresidents,

Boston Transit Commission, extension of term of,

Guaranty by Commonwealth of bonds of a railroad corporation,
Members of the bar to be made justices of the peace and notaries
public,

Newspapers and periodicals, sole agents for the sale of,
Plumbers, interference with freedom of contract,

Publication of name of drugs or chemicals taken with suicidal intent,
Publication of name of person arrested for drunkenness,

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81

124

139

156

9

23

132

62

20

Regulation of automobiles and motor vehicles in the town of Nan-
tucket,

66

Regulation of compensation of employees of railroads,

162

Regulation of corporations, representation of minority stockholders on. boards of directors,

121

Regulation of price of gas, Boston Consolidated Gas Company, con

tract,

152

Regulation of price of ice, great ponds,

145

Regulation of sale of tickets to places of amusement,

89

Taxation of industries, exemptions,

Trading stamps, excise taxes, license fees,

74

96

Contract, reference to specifications as an aid in interpreting,

14

Rejection of bids, liability,

160

Co-operative banks, loans, reduction in rate of interest,

213

Corporations, certificate of increase of capital stock, filing fee,

111

Representation of minority stockholders on boards of directors, con

stitutional law,

121

County commissioners, reimbursement of expenses,

181

Directors of the Port of Boston, interpretation of "entire time to the work of the directors,"

186

District Police, inspector of factories and public buildings, transfer from
State Board of Labor and Industries,

1

Divorce certificate presented by divorced person seeking marriage license,
English language,

105

Drugs or chemicals, publication of name of, when taken with suicidal intent, constitutional law,

62

Drunkenness, publication of name of person arrested for; constitutional

law,

20

Education, Board of, supervisory powers, textile schools supported or aided by Commonwealth,

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Employees, fines imposed for damage caused by their negligence or misconduct,

222

In manufacturing or mercantile establishments; twenty-four hours' rest in every seven days,

21

Expenses for travel, etc., necessarily incurred by persons in the service of the Commonwealth, allowance of,

Fines imposed upon employees for damage caused by their negligence or
misconduct,

Fire Prevention Commissioner, appointees subject to civil service rules,
Fisheries and Game, Commissioners on, retention by city and town clerks
of hunters' certificates of registration,
Traveling expenses, reimbursement,

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Framingham Normal School, erection and furnishing of dormitory;

laundry,

183

Gas, regulation of price of, contract, Boston Consolidated Gas Company; constitutional law,

152

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Glass bottles or jars used in the distribution of milk or cream; use for
other purposes,
Grade crossing, authority of Legislature to fix time for filing of report by
commission; constitutional law,

65

81

Great ponds, authority of Harbor and Land Commissioners to limit public right to take ice,

Health, Department of, employees of State Board of Health, civil service, Health, State Board of, right to refuse approval of appointment by local board of health of one of its own members as inspector of slaughtering,

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Highways, discretion of Massachusetts Highway Commission as to mate-
rials to be used in construction of,
Hospitals and dispensaries, registered pharmacists in charge of drug-dis-
pensing departments,

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Hospitals, State, salaries of appointees of trustees, subject to approval of
Governor and Council, .

48

Hours of labor, chauffeurs employed as drivers of police patrol, 8-hour law,

42

Drivers or hostlers in Boston police department, police officers, 8-hour
law,

172

Employees in manufacturing or mercantile establishments; twentyfour hours' rest in every seven days,

21

Employment of citizens or residents of Massachusetts on public works outside the State; 8-hour law,

25

Materials and supplies used in public works, 8-hour law,

182

Minors, employed as bookkeepers, stenographers, clerks and clerical
assistants,

3

Minors, liability of employers and parents, notice,

137

Hunters' certificates of registration, books of; retention by city and town

clerks,

36

Ice, cutting of, on great ponds; jurisdiction of Harbor and Land Commissioners,

52

Harvesting and selling of, by cities and towns; constitutional law, Regulation of price of, taken from great ponds; constitutional law, "Illegitimate," use of term in record of the birth of a child, . Imprisonment, term of, expiring on Sunday, prisoner to be discharged when, .

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Insane hospital, State, duty of trustees as to mail of inmates,

Inspector of buildings, eligibility of person above fifty years of age for appointment as,

Revocation of certificates issued by,

Transfer from State Board of Labor and Industries to District Police, Inspector of masonry construction, actual experience as journeyman

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mason,

198

Inspector of slaughtering, appointment by local board of health of one of
its members, approval by State Board of Health,
Insurance company, pecuniary interest of member of finance committee
in investments,

46

Investments in mortgage bonds; "funded indebtedness,' 'contin-
gent liability,"

Insurance policies, internal revenue tax thereon, rebates,
Intoxicating liquors, violation of laws relative to; entry of nolle prosequi,.
Justices of the peace, all members of the bar to be made such; constitu-
tional law,

PAGE

31

90

29

205

188

9

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Labor, construction outside the Commonwealth of materials to be used in public works,

85

Legislature, members of, eligibility for appointment to office,
Liability of city or town for damages for personal injuries when school-
houses are used for municipal and other purposes,

119

83

License, special, engineer's or fireman's, termination of; continuous employment,

6

Status during pendency of appeal on conviction of licensee for violation of its terms,

41

Trading stamps, fees; constitutional law,

96

Loan agencies, expenses of loans, interest,

226

Lowell, sealer of weights and measures of, civil service rules,

94

Mail of inmates of State insane hospital, duty of trustees,

101

Manual training schools, liability of cities and towns for injuries resulting from accidents,

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Massachusetts Highway Commission, discretion as to materials to be

used in construction of highways, Metropolitan Park Commission, authority to release land abutting on

Milk or cream, use of glass bottles or jars used in the distribution thereof, use for other purposes,

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Minors, hours of employment of, as bookkeepers, stenographers, clerks and clerical assistants,

Liability of employers and parents as to hours of labor, notice, Naturalization fees, portion that may be retained by clerks of courts, Newspapers and periodicals, sole agents for sale of; constitutional law, Notaries public, all members of the bar to be made such; constitutional

law,

Officers appointed by trustees of State hospitals, salaries, approval by
Governor and Council,

Parole, violation of, duration of sentence of prisoner,
Pharmacists, registered, in hospitals and dispensaries,

Stockholders in corporation; application for permit,

Pharmacy, Board of Registration in, duty to pass upon each application for permit to do drug business,

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Planning board of Boston, approval by Civil Service Commission of appointments to,

Plumbers, interference with freedom of contract; constitutional law, Police officers, special, chauffeurs employed as drivers of police patrol, hours of labor,

132

Poultry associations, aid from poultry premium bounty fund,
Prison Camp, employment of prisoners, limitations,

210

Public documents, disposition of, by cities and towns,

Public institution, authority of trustees to lay water pipes in streets,

220

Public records, use of the term "illegitimate" in record of the birth of a

child, .

10

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109

53

27

42 103

93

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