the order and superintendence of duly elected school committees. You point out that, in view of the Forty-sixth Amendment to the Massachusetts Constitution, which became effective Oct. 1, 1918, no expenditure of the public money can hereafter be made for the purpose of maintaining or aiding such schools, since they are undertakings which are not publicly owned. In view of these conditions, you ask me the following questions relative to the administration of the Teachers' Retirement Act: 1. Should the teachers who have entered the service of these private schools since October 1 be members of the Retirement Association · (a) If they were formerly members of the Retirement Association, having formerly been employed in a public school? (b) If they are just commencing their service as teachers? 2. Should teachers who have been employed in these academies and who have been enrolled as members of the association be continued as members of the retirement association? Assuming that these schools are conducted under the order and superintendence of the school committee of the particular town where they are located, they come within the definition of "public school" set forth in the retirement law (St. 1913, c. 832, § 1, par. 5). Prior to the adoption of said amendment to the Constitution, the public moneys could legally be expended in maintaining and aiding these schools, and thus teachers therein could be given the benefit of the Teachers' Retirement Act. It seems plain, however, that making provision for the payment of a pension out of public funds upon the retirement from service of a teacher in one of these schools is a proposal for the expenditure of public money in aid of such a school, and is, therefore, forbidden by said amendment to the Constitution. Thus, to the extent that the Teachers' Retirement Act authorizes membership in the Teachers' Retirement Association for teachers in these schools, it is in violation of this amendment, and, since Oct. 1, 1918, to that extent void. Membership in the association must hereafter be limited to teachers in schools which are "publicly owned" as well as "under the exclusive control, order and superintendence of public officers" (Forty-sixth Amendment). Thus, in answer to your first question, it must be said that no teacher who has entered the service of any of the schools to which you refer since Oct. 1, 1918, can be a member of the Teachers' Retirement Association. It is immaterial whether such teachers were previously members of the association or not. They are plainly excluded from future membership by the fact that they have entered the service of a school which is no longer a public school. A similar answer must be made to your second question. Since Oct. 1, 1918, these schools have ceased to be schools in the aid of which the public moneys may be appropriated. By the adoption of the Forty-sixth Amendment any authority for the maintenance of these schools as public institutions was revoked, and thus they were required to be returned to private control. Accordingly, teachers employed therein ceased to be teachers in the public schools, and the public moneys cannot thereafter be used to provide pensions for them. This result is not, in my judgment, affected by the exception in the amendment that "appropriations may be made. . . to carry out legal obligations, if any, already entered into." The Commonwealth has entered into no legal obligation binding it to maintain these schools as public institutions, or restricting its right in any way to modify their character. It has not bound itself not to abolish the positions of these teachers as public employees. The establishment of a pension system cannot limit the right of the Commonwealth thereafter to abandon or abolish any department or branch of the public service. This is all that has been done in the instance under consideration. Public schools maintained upon private property have been abolished as public institutions. It follows, in my opinion, that teachers in these schools who have been enrolled as members of the Teachers' Retirement Association can no longer be continued in its membership. By continuing in the service of these schools after Oct. 1, 1918, they must be regarded as having withdrawn from service in the public schools and entered the service of a private institution. They are, of course, as withdrawing members of the association, entitled to all the rights granted upon such withdrawal by section 7 of the Teachers' Retirement Act. Yours very truly, HENRY C. ATTWILL, Attorney-General. INDEX TO OPINIONS. PAGE Alien enemy, eligible for certificate to practice dentistry, 115 insurance, Automobile Legal Association, attorney's services; guarantee of credit; Births and marriages, returns to Secretary of the Commonwealth, Bond and note issue of city and town, temporary loan, 40 89 115 34 Bonds of railroad corporations under control of United States; savings Boston Elevated Railway Company, trustees of; duty to file with Public Capital stock, filing fee for increase of, Charitable corporation, election of officers; voting by proxy, City council, size of; power to regulate; Legislature, Civil engineers employed by Highway Commission; Workmen's Compen- Civil service, certificate of merit; probation; promotion, Civil Service Commission, authority to revoke certificate obtained by fraud, Constitutional law, necessaries of life; distribution of, by State; cities and towns, Delegation of power of Legislature; size of city council, Education; tuition; appropriation, Registration of aliens, . 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