Certification of Executive of Demanding
State-Mistake in recording Indictment
Constitutional Law.
A petition was presented to the Governor stat-
ing that, in the case of W., who had been duly
surrendered to the State of Connecticut as a fugi-
tive from justice, the indictment upon which the
rendition was made had been procured either by
fraud or mistake, and that the petitioner could
present the sworn statement of every member of
the grand jury to the effect that no indictment had
been authorized by them against W., and praying
that the Governor demand the return of W.
It seems that such a statement made by mem-
bers of the grand jury might be received in a local
proceeding to show fraud or mistake in the record-
ing of the indictment. But in a rendition case,
when the certificate of the Governor of the de-
manding State accompanies the copy of the indict-
ment, certifying the latter to be an authentic copy
of an indictment found, the Governor of this Com-
monwealth has no legal right to go behind this
certificate and question the fact so certified
3. Fugitive from Justice.
An affidavit accompanying an application to the
Governor for the surrender of an alleged fugitive
from justice contained a statement that the person
sought was a "fugitive from justice." Such a
statement is a conclusion of law and not a state-
ment of fact, and does not comply with the re-
quirements of Pub. Sts., c. 218, 1, providing
that such an application shall be accompanied by
sworn evidence that the person sought to be ex-
tradited is a fugitive from justice
FEES-Recording Certificate of Change of
Business
Filing Certificate of Increase of Capital. 300
See CORPORATION. 8.
Muskets or rifles are "fire-arms" in the sense
of St. 1893, c. 367, § 124, though defective or dis-
abled for firing
. 86
Students of Harvard University - Parade.
The Governor of the Commonwealth is author-
ized by St. 1895, c. 465, § 6, to consent that the
students of Harvard University drill and parade
with fire-arms in public under the superintendence
of their teachers.
Although military instruction is not compulsory
in Harvard University, yet it is a designated
course of study offered to all students, and may
be counted toward a degree, and is, therefore, a
prescribed part of the course of instruction
within the meaning of the statute
Highland Cadets of Montreal - Parade
United States-Governor-Constitutional
Law.
The Highland Cadets of Montreal, Canada, a
military organization, are prohibited from pa-
rading with fire-arms in this Commonwealth by
St. 1895, c. 465, § 6.
The Governor has no authority to waive the
provisions of that statute.
It is a matter of domestic regulation, and not
within the jurisdiction of the United States or its
authorities.
The statute is constitutional
See INSURANCE. 3, 32.
FIRE MARSHAL - Jurisdiction - Establish-
ment for refining Petroleum - Dangerous
Building - Police Regulations.
St. 1894, c. 444, § 5, does not confer upon the
Fire Marshal the power to adjudge as dangerous
an establishment for the refining of petroleum
which has conformed to all the statutory require-
ments relating thereto
211
- Aids Witness Fees in Criminal Cases.
The salaries of the aids employed by the State
Fire Marshal are fixed by law, and they are not
entitled to witness fees while attending the trial
of a criminal case
Harbor and Land Commissioners — Juris-
diction Boston Terminal Company.
St. 1896, c. 516, authorizes the Boston Terminal
Company to take land in fee within certain limits
and to do whatever is necessary for the building
of a union station within the limits of the lands
taken by it for that purpose, whether above or
below high-water mark.
The sanction of the Board of Harbor and Land
Commissioners is required, under the provisions
of Pub. Sts., c. 19, § 8, not under 9. Pub.
Sts., c. 19, § 16, does not apply to the work of the
Boston Terminal Company
An attested copy of a document executed by an
insurance company of a foreign country, appoint-
ing a resident manager in this country, is not the
best evidence of such appointment, and in court
proceedings would be subject to the limitations
relating to the use of secondary evidence.
A duplicate of a document executed by an in-
surance company of a foreign country, appointing
a resident manager in this country, is not a copy,
but an original document, and may properly be
received by the Insurance Commissioner as evi-
dence of the authority of the person named therein.
In proving by documentary evidence alone the
appointment of a resident manager in this country
by an insurance company of a foreign country,
acting through an executive officer, upon whom
authority to make such appointment was con-
ferred by vote of the directors, such vote shall
be proved by producing the books of the com-
pany containing the record thereof, and an at-
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tested copy of the record of such vote would be
subject to the limitations relating to the use of
secondary evidence.
Under the powers conferred upon the resident
manager in this country of the London Assurance
by a certain power of attorney, he has power to
make the annual statement to the insurance de-
partment required by St. 1894, c. 522, § 96 .423
Admission of.
1, 115, 269, 455
See INSURANCE. 1, 18-20.
Addition of Marine to Fire Business
Certificate of Admission
See INSURANCE. 15.
Reinsurance of Massachusetts Risks . 504
Marine Company - Capital and Surplus 573
See INSURANCE. 35.
FOREIGNER - Penal Laws.
The trustees of the Lyman School have the
right to hold a foreigner committed to that school
for larceny
FRANCHISE TAXES - Street Railway Com-
panies-Apportionment — Special Legis-
The Tax Commissioner cannot apportion the
franchise tax assessed upon street railway com-
panies for 1898 among cities and towns, since St.
1898, c. 578, provides that apportionment shall be
made to them in proportion to the length of track
operated by street railway companies in them,
but does not provide that the companies shall re-
turn to the Tax Commissioner the length of track
operated by them in cities and towns till May, 1899.
The tax for the current year cannot be dis-
tributed until the Legislature makes provision
therefor
. 570
FRATERNAL BENEFICIARY OR-
GANIZATION - Reserve Fund-
Attempt of Legislature to impose Duties
upon, not prescribed by Constitution
Corporation Constitutional Law.
A statute provided that the directors of a newly
incorporated railway, before constructing the road,
should apply to the Governor and Council for a cer-
tificate that publíc convenience required the con-
struction; and that, in case such certificate was
refused, the act of incorporation was to become
void. Such a statute is unconstitutional 172
Pardon Constitutional Law.
The Governor may refuse to pardon a convict,
although pardon is recommended by the Coun-
St. 1885, c. 314, §§ 10 and 16, do not confer
upon the Board of Gas and Electric Light Com-
missioners the authority to adjudicate upon the
questions presented by the appeals of the Boston
Gas Light Company from the granting of permits
to the Brookline Gas Light Company by the
superintendent of streets of Boston
. 89
4.
Massachusetts Pipe Line
Gas Company· Capital Stock Unau-
thorized Issue. Gas and Electric Light
Commissioners - Approval.
Before St. 1894, c. 450, was enacted, a gas com-
pany subject to general laws could not commence
business till the whole amount of its capital stock,
as fixed by the incorporators, had been paid in.
That statute requires all gas companies to obtain
the approval of the Gas and Electric Light Com-
missioners before issuing either original or in-
crease issues of stock; so that now only so much
of the capital stock of a gas company as the cor-
poration is authorized by the Gas and Electric
Light Commissioners to issue is required to be
paid in.
The Massachusetts Pipe Line Gas Company,
incorporated by St. 1896, c. 537, was made subject
to general laws, and the amount of its capital
stock fixed thereby at one million dollars; but it
is subject to St. 1894, c. 450, relative to the issu-
ing of its stock, and must obtain the approval of
the Gas and Electric Light Commissioners before
its issue of the whole amount thereof will be
legal.
659
Returns-Gas and Electric Light Com-
missioners not required to exhibit
See PUBLIC RECORDS. 1.
Returns Gas and Electric Light Com-
missioners not required to stamp
See INTERNAL REVENUE.
The Governor has no authority to issue a proc-
lamation for the establishing of a State institution
or an addition to a State institution except when
so authorized by statute.
INSPECTOR Gas manufactured by
Municipal Corporations - Inspection.
St. 1891, c. 370, § 17, imposes the same duty
upon the Gas Inspector to inspect the gas manu-
factured and supplied by municipal corporations
as Pub. Sts., c. 61, § 14, as amended by St. 1892,
c. 67, imposes upon him to inspect the gas of other
corporations.
Although the penalty for supplying inferior
gas is nugatory so far as municipal corporations
are concerned, yet it is important that gas sup-
plied by them should be inspected, so that the
Gas Commissioners may be informed as to how
far they comply with the law.
. 550
See AUSTRALIAN BALLOT LAW. 12.
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