Chief Superintendent Superin-
tendent of City Farm at Lowell 280
By the term "chief superintendent of a de-
partment," as used in Rule VI., Schedule B,
Class 12, of the civil service rules, is intended
an officer who has the oversight and charge of
the whole of the business of that department,
and acts for and represents the head of the de-
partment in every branch of its authority.
The superintendent of the City Farm at
Lowell is not such an official, and his election,
in disregard of the rules of the Civil Service
Commission, is, therefore, illegal.
An officer with the title of "School-house
custodian," appointed by the school committee
of the city of Boston, whose duties are "the
general supervision of janitors and the care of
school property, excepting that which comes
within the jurisdiction of the committee of
supplies," is not a chief superintendent of any
department, and is therefore within and subject
to the civil service rules.
ORDINANCES - Powers and
Duties of Metropolitan Water and
Sewerage Board, with Reference to
Excavations in Streets
Where provisional appointments are made
to fill the places of men appointed from the
certified list furnished by the Civil Service
Commission, and immediately suspended, such
appointments are illegal.
Chief Superintendent - Executive
Clerks or Secretaries in Divisions
of the Street Departments of the
City of Boston
Officers to be appointed as executive clerks
or secretaries in the several divisions of the
street department of the city of Boston, whose
duties will be to arrange for hearings and other
matters, and, in general, to take charge of the
business of such divisions, and to stand in the
places of the deputy superintendents during
their absence, such positions involving some
incidental clerical work as well, are within
Schedule A, Class 2, of Rule VII. of the civil
service rules, and must be selected in accord-
ance with such rules.
Street Commissioner of the City of
Lynn
An official designated as the "deputy street
commissioner of Lynn," who is appointed by
the board of public works, an elective board
created by the revised city charter of Lynn (St.
1900, c. 367), having charge, subject to the di-
rection of the city council, of all streets and
ways, sidewalks, bridges and sewers, the super-
vision of wires, street lighting and street water-
ing, and the supervision and care of all public
buildings, is not a chief superintendent of any
department, since he does not represent such
Board throughout its jurisdiction, and he is
therefore subject to the civil service rules.
Re-employment of Employee dis-
charged by Reason of Revision of
Charter of City of Boston - Spe-
cific Exemption
391
St. 1895, c. 449, entitled" An Act to revise the
charter of the city of Boston," which provides
in section 27 that officers and employees of any
department of the city whose positions were
abolished or whose tenure of office was affected
by the act might be appointed to positions in
any department of the city without civil service
examination or enrolment, serves to exempt
from the operation of the civil service law and
rules an employee discharged by reason of such
revision, although the re-employment of such
employee is deferred until seven years after his
discharge.
CIVIL SERVICE-Continued.
superintendent of water, and superintendent
of public buildings and grounds, are not "chief
superintendents of departments," within the
exemption in Rule VII., Schedule B, Class 12,
of the civil service rules, and must be appointed
in accordance with such rules.
CLERKS OF COURT-Clerk of the
Superior Court for the County of
Suffolk Vacancy
The phrase "clerk of the courts," in R. L.,
c. 11, § 277, which provides that in case of a
vacancy in the office of clerk of the courts the
Governor shall cause precepts to be issued for
an election to fill such vacancy at the next
annual State election for which precepts can be
seasonably issued, extends to and includes the
office of clerk of the Superior Court for the
County of Suffolk; and it is therefore the duty
of the Governor, upon proper representation
that a vacancy in such office exists, to issue
his precept for an election to fill such vacancy
at the next annual State election for which
such precept may be seasonably issued.
In R. L., c. 6, § 65, providing that "funds
over which the Commonwealth has exclusive
control shall be invested by the treasurer and
receiver-general. . . in the notes or bonds of
the several counties, cities and towns thereof,
or in the scrip or bonds of the United States, of
the several New England states, or in the state
of New York, in the notes or bonds of any in-
corporated district in this Commonwealth, or of
any city of the New England states issued for
municipal purposes, whose net indebtedness at
the time of purchase does not exceed five per
cent of the last preceding valuation of the
property therein for the assessment of taxes;
the clause," whose net indebtedness at the
time of the purchase does not exceed five per
cent of the preceding valuation," does not
relate to counties, cities and towns of the Com-
monwealth in the notes or bonds of which the
Treasurer and Receiver-General is authorized
to invest the funds of the Commonwealth.
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