all future voters who will have had no opportunity of election in the matter. Even if the voters of the town can commit themselves to an unlawful expenditure of public funds, they cannot, in my judgment, bind those who come after them.

Upon the whole, therefore, I am of opinion that the bill, so far as it relates to towns and cities, is unconstitutional. Whether this conclusion be based upon the proposition that it takes away the liberties and privileges of the municipality as a private corporation, or as authorizing the appropriation of the tax payers' money for private purposes, or as legislation partial in its character, makes but little difference. All these propositions are somewhat intermingled, and rest ultimately upon the broad proposition that the rights guaranteed to the citizen by the Constitution may not be impaired.

PHYSICIANS AND SURGEONS- PRACTICE OF MEDICINE - CHRIS-
TIAN SCIENTISTS, OSTEOPATHISTS, ETC.

Under a proposed bill relative to the registration of physicians and surgeons, which
provides that it shall be a misdemeanor for an unregistered physician or sur-
geon to practise or attempt to practise medicine, or to hold himself out as a
practitioner of medicine, it cannot be held, as a matter of law, that pharma-
cists, osteopathists, clairvoyants, etc., do not practise or attempt to practise
medicine.

of Representa

1901

I have the honor to acknowledge the receipt of a copy of an To the House order adopted by the Honorable House of Representatives May tives. 3, 1901, requiring the opinion of the Attorney-General upon a May 15. question therein submitted, which is as follows:

"Does Senate Bill No. 281 prevent pharmacists, osteopathists, clairvoyants, or persons practising magnetic healing, mind cure, massage methods, Christian science, or cosmopathic methods; from treating patients by these various and respective methods, as is now permitted under the law?"

St. 1894, c. 458, is an act to provide for the registration of physicians and surgeons. Section 10 of the act, as amended by St. 1895, c. 412, provides that "Whoever not being registered shall advertise or hold himself out to the public as a phy

sician or surgeon or appends to his name the letters 'M.D.', or uses the title of doctor, meaning thereby a doctor of medicine, shall be punished," etc. Section 11 of the same statute (St. 1894, c. 458), so far as it is material to the present question, is as follows: "This act shall not apply . . . to clairvoyants, or to persons practising hypnotism, magnetic healing, mind cure, massage methods, Christian science, cosmopathic or any other method of healing: provided, such persons do not violate any of the provisions of section ten of this act."

The language of § 11, above quoted, is somewhat peculiar. Literally construed it declares that the classes of persons enumerated shall not be affected by the act provided they do not violate its penal provisions; but it is scarcely necessary to say that so long as a person does not violate the provisions of a law he is not affected by it.

I am of opinion, however, that the section is to be more broadly construed, and that it was the intention of the Legislature specifically to declare that the persons enumerated are not to be regarded as holding themselves out to the public as physicians or surgeons so long as they confine themselves to their specialties. Adopting this construction of the section it is clear that under the original act the persons enumerated could carry on their respective callings without making themselves liable to the penal provisions of the statute.

The bill in question substitutes a new penal section for § 10 of the existing act; but it repeals § 11, and no similar provision is contained in the proposed bill, and I am of opinion that this omission seriously endangers the situation of the persons enumerated in § 11 of the existing law, for the reason that if the bill becomes a law it may be claimed that in attempting to heal persons by the methods employed in their respective callings they are to be deemed to be engaged in the "practice of medicine." In the broad sense of that term, it includes generally the art of healing, by whatever method. I am not familiar with the methods employed by the specialists enumerated. I can easily see, however, that it might be claimed, for instance, that one who undertook to heal diseases by cosmopathic methods, what

ever they may be, might be deemed to be carrying on the "practice of medicine," and so come within the provisions of the bill. If, therefore, the Legislature intends to insure to the classes of persons enumerated in the question submitted, the right to pursue their respective callings without being required to be registered, they should be specifically exempted from the general prohibitions of the bill.

I may add that pharmacists are regulated by existing statutes. These statutes give them no authority to practise medicine. The bill in question gives them no additional powers.

AGRICULTURAL SOCIETY

BOUNTY FROM THE COMMONWEALTH.

An agricultural society, in order to be entitled to bounty from the Commonwealth under the provisions of Pub. Sts., c. 114, § 1, must be an organization local in its nature, composed chiefly of persons interested in agricultural pursuits, residing in the county within which it is located, and must maintain a permanent place in the county for its exhibitions, with the necessary buildings therefor.

Board of

1901

The opinion of the Attorney-General is desired upon the To the State question whether the New England Agricultural Society is en- Agriculture. titled to receive the bounty provided for by Pub. Sts., c. 114, § 1. May 17. The society in question is incorporated under the laws of Massachusetts, but it owns no real estate or buildings in this Commonwealth, and its meetings are held in conjunction with those of other agricultural societies, and may be at any favorable time or place, either within or without the Commonwealth. It in no sense represents a county of the State, or any other geographical section.

I am of opinion that the society is not entitled to receive bounties under the statute. An examination of all the provisions of the chapter and of the history of legislation upon the subject makes it clear that the agricultural societies referred to in the statutes of the Commonwealth are local associations, whose purpose is to promote agricultural interests in the section of the State in which they are located. In every instance in which such a society has been admitted to the benefits provided by the

statutes, it has been an organization local in its nature, composed chiefly of persons interested in agricultural pursuits, residing in the county where it is located, and which has established and maintained a permanent place in the county for its exhibition buildings. The whole purpose of legislation upon the subject has been to foster the interests of agriculture by dividing the State into sections, usually counties, in each of which a society has been incorporated and supported mainly by those living in such county or subdivision of a county.

The section granting the bounty clearly makes it manifest that the Legislature had in view societies having exhibition grounds and buildings. The section is as follows: "Every incorporated agricultural society which was entitled to bounty from the Commonwealth before the twenty-fifth day of May in the year eighteen hundred and sixty-six, and every other such society whose exhibition grounds and buildings are not within twelve miles of those of a society then entitled to bounty, and which has raised by contribution of individuals and put out at interest on public or private security, or invested in real estate, buildings, and appurtenances for its use and accommodation, one thousand dollars, as a capital appropriated for its uses, shall, except when otherwise determined by the state board of agriculture as provided in section three, be entitled to receive in the month of October annually, out of the treasury of the Commonwealth, two hundred dollars," etc.

The earliest statute upon the subject was St. 1819, c. 114, “An act for the encouragement of agriculture and manufactures," which contained, in § 1, a provision not unlike that in the Public Statutes, requiring an invested capital of $1,000 before incorporated agricultural societies within the Commonwealth could receive the bounty provided for. Section 2 provided that any agricultural society formed under the act "within any county or counties in this Commonwealth," in which no incorporated society at that time existed, might, upon investing $1,000, partake of the bounty. This section also contained the following provision: "provided, always, that no agricultural society, hereafter formed as aforesaid, shall be entitled to the benefits of this act, unless the same be formed in a county, or in an association of

counties, including a population of thirty thousand inhabitants." Section 6 of the same statute provides that the act shall not extend to agricultural societies formed in towns or for any circle of territory less than a county.

The next statute was St. 1821, c. 49, which contained a provision authorizing the trustees of the incorporated agricultural societies, and such as might thereafter be incorporated, to fix and define bounds and limits of sufficient extent for the erection of their cattle sheds and yards. It also provided for other details respecting the exhibitions which were to be held upon their grounds. It further provided for the appointment of officers who were to give efficiency to the rules and regulations for the preservation of good order on the occasion of public cattle shows and exhibitions.

Both of these statutes show clearly that the Legislature did not intend to pay a bounty to a society which did not own land and buildings or give exhibitions within the Commonwealth. Rev. Sts., c. 42, contains, in brief form, nearly all of the regulations set forth in the above-quoted acts, together with additional provisions relating to premiums, etc. All of these provisions were re-enacted in the General Statutes, c. 66, with some added requirements as to filing certificates and making annual returns to the secretary of the State Board of Agriculture. In this statute, also (§ 16), a time was prescribed when exhibitions by the diferent agricultural societies entitled to receive the bounty provided for in 1 should be held.

St. 1866, c. 189, provided that no agricultural society not drawing a bounty from the State should hereafter be entitled to such bounty, in case the grounds and buildings for holding exhibitions of said society were within twelve miles of the grounds and buildings of any other society by law entitled to such bounty. It also provided for the election of a delegate to the State Board of Agriculture by such societies as published their transactions and made returns to the secretary of the State Board of Agriculture. These provisions are practically re-enacted in Pub. Sts., c. 114, except that the date for holding the exhibitions is regulated by a rule of the State Board, and not by the statutes.