The Legislature may provide that whenever
the Commonwealth or any county therein,
enters into a contract with any person, firm or
corporation, for the doing of public work of any
nature, it shall be stipulated that such person,
firm or corporation shall pay employees no
lower rate of wages per day than is paid by the
Commonwealth, or by such county, for similar
work; but such a provision, as affecting cities
and towns, would be unconstitutional, and can-
not be cured by making the provision operative
only upon acceptance by a majority of the voters
of such cities and towns.

Local authorities in the various cities and
towns of the Commonwealth have no authority
under existing laws to regulate or restrict the
display of advertisements beyond the limits of
public parks, boulevards and ways.

A bill providing that the authorities having
charge of parks or parkways may make such
reasonable rules and regulations respecting the
display of signs, posters or advertisements, near
and visible from public parks or boulevards, as
they may deem necessary for preserving the
objects for which parks or boulevards are estab-
lished and maintained, and that, after publica-
tion of such regulations, any sign, poster or
advertisement maintained in violation of them
shall be a public nuisance, is a valid exercise
of the police power, and neither owners of prop-
erty affected, nor persons having contracts for

CONSTITUTIONAL LAW-Continued.
advertising prevented thereby from performing
the same, would be entitled to compensation.

6.

Vested Rights-Obligations of Con-
tract-Feoffees of Grammar School
in Ipswich

354

Under St. 1786, c. 54, making perpetual the
agreement set forth in Acts of 1765, c. 5, be-
tween the feoffees representing the original
donors of land for a grammar school in Ipswich
and the town of Ipswich, to the effect that four
feoffees on behalf of private individuals and
the three selectmen of the town of Ipswich for
the time being, on behalf of the town, should
be incorporated feoffees in trust for the manage-
ment of such school, the rights of each group of
trustees became vested, as well as the rights of
the beneficiaries under the trust; and a bill to
increase to six the number of feoffees on the
part of the town would be unconstitutional, as
impairing the obligation of the contract, and
destroying the vested rights without due proc-
ess of law.

7.

Maximum Day's Work for Employ-

ees of Cities, Towns and Counties. 442
The Legislature may constitutionally limit
the duration of a day's work for laborers, work-
men and mechanics, employed by or in behalf
of the Commonwealth, to a period of eight
hours; but a like provision applicable to coun-
ties, and to cities and towns which have ac-
cepted the provisions of R. L., c. 106, § 20,
making eight hours a day's work for the em-
ployees thereof, would be unconstitutional, as
taking property without due compensation and
without due process of law.

In respect of legislation fixing eight hours as
a day's work for employees of counties, cities
and towns, a county is not to be distinguished
from a city or town.

Eminent Domain - Damages Appro
priation-Land taken in South

Bay

See EMINENT DOMAIN.

125

195

Collection of Loan-Security.

286

If upon the forfeiture of the shares and the
foreclosure of a mortgage respectively pledged
and executed by a stockholder in a co-operative
bank, to secure a loan from such bank, the
amount realized therefrom is not sufficient to
discharge the loan, the balance remaining un-
paid becomes a debt which is presently due and
may be recovered by suit forthwith, like any
other loan.

3.

-

Loan -Security-Second Mortgage 462
The purpose of R. L., c. 114, § 14, providing
that every loan made by a co-operative savings
bank shall be secured by a mortgage of real
estate situated within the Cominonwealth, and
unencumbered by any mortgage or lien "other
than such as may be held by the bank making
the loan," was to secure the result that property
mortgaged to a co-operative savings bank should
not be subjected to any liens or mortgages other
than those held by the bank itself; and such
statute does not forbid a second mortgage upon
property upon which the same bank holds a
first mortgage, provided that such property is
not thereby encumbered to an amount exceed-
ing its real value.

CO-OPERATIVE SAVINGS BANKS

Continued.

4. - Consolidation-Rights of Minority
- Constitutional Law

-

484

The Legislature has no power to compel the
minority members in an existing co-operative
bank, which is not a stock corporation, to sur-
render their interest in such bank in exchange
for an interest in a consolidated bank, as pre-
scribed in House Bill, No. 1181; but if enacted,
the provisions of such bill will govern the rights
of all members of co-operative banks organized
after its passage, and will serve to authorize the
consolidation of existing co-operative banks, if
such consolidation is assented to by all the
members.

St. 1899, c. 199, repeals so much of Pub. Sts.,
c. 106, § 7, as imposed a maximum limit of one
million dollars upon the capital of a manufac-
turing corporation formed under general laws.

2.

Election of Officers
Attorney

The election of the officers of a corporation is
a corporate function, which cannot be delegated
without express statutory authority.

The statutes do not contain such authority,
but, on the contrary, by clear intendment re-
quire that such officers shall be elected by the
members of the corporation; and a by-law
which delegates to the board of directors of a
co-operative bank the election or selection of
the secretary, treasurer or other officers of the
bank is therefore illegal.

An attorney is not an officer of the corpora-
tion, and cannot be made one by the by-laws.

Valuation of Corporate

See TAXATION. 3.

-

Leased

556

COUNTY-Sheriff-Supplies for Private

Use-Expense

The sheriff of Norfolk County, who also acts as
master of the house of correction therein, is not
entitled to have all necessary provisions for
himself and his family furnished by and at the
expense of such county.

COUNTY ACCOUNTS-Officers-

--

- Fees

20

-Service of Warrants
Officers serving warrants are entitled to
charge for services and expenses. The charge
for services comprises fifty cents for each per-
son upon whom service is made, and an allow-
ance for "travel." Expenses are limited to
actual and necessary disbursements, and may
be charged in addition to the item of construct-
ive travel.

Railroad fares are not included in "travel,"
and may be charged in addition thereto.

If an officer has charged twice for expenses,
the amount may be withheld in any further
settlement between him and the paymaster or
clerk whose duty it is to pay him.

If an officer knowingly charges for expenses
which he did not incur, it constitutes the
offence of obtaining money under false pre-

tences.

DANVERS INSANE HOSPITAL-
Water Supply - Contract_with
Town of Danvers-New Build-
ing-Trustees

463

Under a contract in force between the Com-
monwealth and the town of Danvers, by which
it is agreed that the Commonwealth may take,
free of charge, water from the water supply
of the town for the use of the Danvers In-
sane Hospital, "and of all buildings that at
any time may be owned by the State on the
grounds; and also for use on the grounds
themselves, as now laid out, for any purpose,'
the Commonwealth may, without payment,
take water from the town supply for use in and
for a building upon land acquired subsequent to
the making of such contract, but not for any
independent use upon the grounds so acquired.

"DAY'S WORK" For Employees of
Street Railway

See LABOR. 2.

388

442

1

210

Fees and Expenses before Trial
Justices Constructive Repeal
Since it was the intention of the Legislature,
in St. 1891, c. 325, to make proceedings before
trial justices in all respects like those before the
inferior courts of record, a provision in St. 1890,
c. 440, which is at variance with such intention,
is constructively repealed.

DE FACTO OFFICIAL-Retention of
Civil Service Appointee after Pro-
bationary Period

See CIVIL SERVICE. 4.

Acts of City Council - Organiza-
tion-Ratification of Irregularities
Quo Warranto-Attorney-Gen-
eral

See PUBLIC OFFICERS.

DIRECTORS

541

50

Co-operative Savings
Bank-Proxy Voting
See CO-OPERATIVE

BANKS. 1.

296

.

635

275

SAVINGS

DISEASE-Dangerous to Public Health

-Pauper-Removal to State Hos-
pital-Expense

See PAUPER. 19.

DISCONTINUANCE- Of State High-

72

way

See STATE HIGHWAY. 3.

499

209

112

St. 1897, c. 500, § 17, which authorizes the con-
struction by the Boston Transit Commission of
the East Boston Tunnel, and its subsequent
lease to the Boston Elevated Railway Com-
pany, at an annual rental fixed thereby and
payable to the city of Boston, by pledging such
rental, together with the tolls which the city is
directed to collect from persons passing through
such tunnel, "to meet the principal and in-
terest of the bonds issued to pay for the con-
struction of said tunnel," and expressing such
pledge upon the face of the bonds "as one of the
terms thereof," creates a valid contract between
the city of Boston and the purchasers of such
bonds which cannot be impaired by subsequent
legislation; and House Bill, No. 1192, which
abolishes such tolls and instead thereof requires
the city of Boston to set aside from the com-
pensation received by it from the Boston Ele-
vated Railway Company under St. 1897, c. 500,
$10, a sum equal to the amount which it would
have received from such tolls, to be pledged in
like manner to meet the principal and interest
of the bonds, for the reason that it varies the
terms of such contract by substituting for the
source of income pledged to secure the bond-
holders another and different source of income,
is unconstitutional and void.

Westford Academy is a private school, and is
"not under the order and superintendence of
the authorities of the town" of Westford, and
the State Board of Education may refuse to
approve it, either for the purpose of authoriz-
ing the town of Westford to pay the tuition of
children living therein and attending that acad-
emy, under St. 1895, c. 94, or for the purpose of
securing to other towns reimbursement by the
Commonwealth of money expended for the tu-
ition of children in that academy, under the
provisions of St. 1898, c. 496, § 3.

EMINENT DOMAIN-Land taken in
South Bay - Damages - Appro-
priation Constitutional Law
Harbor and Land Commissioners 72
The Board of Harbor and Land Commis-
sioners is not precluded from taking areas in
South Bay in the city of Boston, under author-
ity of St. 1899, c. 469, because no specific sum
is appropriated by that act to pay damages for
such takings. The act does appropriate so
much money as may be necessary to pay the
damages which may be assessed under it, and
it is therefore constitutional.