FRIDAY, August 1, 1941. Met According to Adjournment. Prayer Was Offered by the Chaplain

FRIDAY, August 1, 1941. Met according to adjournment. Prayer was offered by the Chaplain.

Bills Recalled from the Governor. Public em- On motion of Mr. Blanchard, it was voted that a message be sent workmeiS to His Excellency the Governor requesting the return to the Senate compensation. 0f the engrossed Bill providing for the payment of wages or salaries to public employees in certain cases where compensation for total incapacity is payable under the workmen's compensation law, so called (see Senate, No. 492). Mr. Blanchard was appointed the messenger. Subsequently, the bill was returned, and was laid before the Senate. The same Senator asked unanimous consent that he might move that the Senate reconsider the vote by which, at a previous session, it had passed the bill to be enacted; and, there being no objection, this motion was entertained; and it prevailed. On further motions of Mr. Blanchard, Senate Rule No. 49 was suspended and the bill was amended by striking out, in lines 9 and 23, respectively (as printed), the word "shall" and inserting in place thereof, in each instance, the word "may". Sent down for concurrence in the amendments.

state Farmm°ti°n of Mr. Francis, it was voted that a message be sent to civil service. His Excellency the Governor requesting the return to the Senate of the engrossed Bill placing under civil service certain employees of the State Farm (see Senate Bill printed as House, No. 1359, amended). Mr. Francis was appointed the messenger. Subsequently, the bill was returned, and was laid before the Senate. The same Senator asked unanimous consent that he might move that the Senate reconsider the vote by which, at a previous session, it had passed the bill to be enacted; and, there being no objection, this motion was entertained; and it prevailed. On further motions of Mr. Francis, Senate Rule No. 49 was suspended and the bill was amended in section 1, by striking out the paragraph contained in lines 5 to 9, inclusive (as printed), and inserting in place thereof the following paragraph: — "All permanent employees of the state farm, except those specifically exempted by law and qualified physicians and registered nurses." Sent down for concurrence in the amendment. — conv^ance ^n moti°n of Mr. Babcock, it was voted that a message be sent of State iand. to His Excellency the Governor requesting the return to the Sen- ate of the engrossed Bill authorizing the conveyance by the Com- monwealth to the inhabitants of Provincetown of a certain parcel of land situated in said town (see House, No. 2028). Mr Babcock was appointed the messenger. Subsequently, the bill was returned, and was laid before the Senate. The same Sena- tor asked unanimous consent that he might move that the Senate reconsider the vote by which, at a previous session, it had passed the bill to be enacted; and, there being no objection, this motion was entertained; and it prevailed. On further motions of Mr. Babcock, Senate Ride No. 49 was suspended and the bill was amended by striking out all after the enacting clause and inserting in place thereof the following: — "The department of public works is hereby authorized, in the name and on behalf of the commonwealth, to convey to the inhabitants of the town of Provincetown, by a deed approved as to form by the attorney general, all the right, title and interest of the commonwealth in and to a certain parcel of land in said Province- town bounded northwesterly on Bradford street, northeasterly on Ryder street, southeasterly on Commercial street and south- westerly by land of said town of Provincetown, and containing about eleven thousand, five hundred and forty-three square feet of land." Sent down for concurrence in the amendment.

On motion of Mr. Olson, it was voted that a message be sent Beiiingham- to His Excellency the Governor requesting the return to the Sen- boundary line, ate of the engrossed Bill establishing the boundary line between the towns of Bellingham and Franklin (see House, No. 2766, changed). Mr. Olson was appointed the messenger. Subsequently, the bill was returned. Reports of Committees. By Mr. Hollis, for the committee on Ways and Means, that «der, - ^ the House Bill relative to the application to cider of certain alco- tent; tax. holic content of the laws relating to alcoholic beverages, and relative to the imposition of an excise on such cider (printed as Sen- ate, No. 617), ought to pass; By Mr. Richardson, for the same committee, that the House ind^tnea.-- Resolve providing that the Commissioner of Corporations and ™ua 10n'0 Taxation confer with local assessors in respect to valuations of plant and equipment erected or employed by industries in connection with the federal defense program and give consideration to the temporary character of such plant and equipment in connection with taxes (House, No. 2365, amended), ought to pass; By Mr. Curtis, for the same committee, that the House bills tat e an Further establishing the basis of apportionment of State and ®0 n t ^xe8i county taxes (House, No. 2517); and "rtS'imi'mtT r Limiting the number of special justices (printed in House, No. g° J°a™™tiee3> 2770), — severally ought to pass; and —number. By Mr. Holmes, for the committee on Counties on the part of the Senate, that the Senate Bill extending the time for the exercising of certain rights by members of contributory retirement mem ere' systems who were formerly employed by a governmental unit having no such system (printed as House, No. 2440), ought to pass; Severally placed in the Orders of the Day for the next session for a second reading. westfieid state By Mr. Hollis, for the committee on Ways and Means, that the cXge™ House Bill to provide for the maintenance and operation of the Westfieid State Teachers College (House, No. 2820), ought to pass; The rules suspended, on motion of Mr. MacDonald, and the bill read a second time and a third time and passed to be engrossed, in concurrence, its title having been changed by the committee on Bills in the Third Reading so as to read as follows: "An Act to provide for the maintenance and operation of the State Teachers College at Westfieid". Gloucester, — high level By Mr. Haley, for the same committee, that the House Bill bridge. authorizing the construction by the Department of Public Works of a high level bridge over the Annisquam River in the city of Gloucester (printed in House, No. 2763, amended), ought to pass; The rules suspended, on motion of the same Senator, and the bill read a second time and a third time and passed to be engrossed, in concurrence. Unauthorized By Mr. Richardson, for the same committee, that the House insurance. Bill relative to unauthorized insurance (House, No. 2804), — ought to pass, with the following amendments: —• In section 2, inserting before the word "business", in line 22, the word "insurance"; striking out, in line 51, the words "in a state in which" and inserting in place thereof the word "where"; and adding the following:— "nor shall it prohibit the alteration, conversion, exchange, continuance, renewal, revision or reinstate- ment of any policy or contract of insurance or annuity or pure endowment contract made prior to August first nineteen hundred and forty-one"; and Striking out section 4; Architects, By Mr. Curtis, for the same committee, that the House Bill for — registration, etc. the establishment of a board of registration of architects and for the regulation of the practice of architecture (House, No. 2448, amended), — ought to pass, with amendments in section 2, striking out subsections 87LL and 87MM, in lines 25 to 47, inclusive, and striking out subsection 87PP (as amended by the House), in lines 61 to 82, inclusive; Towns near By the same Senator, for the same committee, that the House Bedford Airport, — Bill providing for the reimbursement by the Commonwealth of reimbursement. certain towns for loss of taxes on land at the Bedford Airport, so called, and providing for the taxation of so much of the property at said airport as is used or occupied for other than a public purpose (House, No. 2518), —ought to pass, with the following amendments:— n In section 1, striking out, in line 2, the word "property" and inserting in place thereof the word "land"; Striking out section 2; and In the title, striking out the words ", and providing for the taxation of so much of the property at said airport as is used or occupied for other than a public purpose"; Special justices, By the same Senator, for the same committee, that the House — compensation. Bill relative to compensation of special justices of district courts (printed in House, No. 2770, amended),—ought to pass, with an amendment in section 1, adding the following new sentence.-

''Compensation referred to in the preceding sentence shall not include the additional compensation of five dollars per hour here-

"Btt^lamfsena'tor, for the same committee, that the House Bill relative to the establishment, powers and duties ofanadmims- trative committee of the district courts, other than the municipal couTof~ty of Boston (printed in House, No 2770, amended), -ought to pass, with an amendment inserting after section 1, the following new section: - " SECTION 1 A. Upon the effective date of this act the administrative committee of district courts existing under authority of section forty-three A of chapter two hundred and eighteen of the General Laws, as in effect immediately prior to said effective date, is abolished; but in all other respects possible this act shall be deemed to be a continuation of previously existing laws relative to supervision of district courts by such a commit-

teBv;the same Senator, for the same committee, that the House Bill relative to the retirement in certain cases of special justices ot district courts upon resignation (printed in House, No 2770), - ought to pass, with an amendment in section 1, adding the following words: — ", or, in the case of the municipal court of the city of Boston, of an associate justice of said court"; Severally placed in the Orders of the Day for the next session tor a second reading, with the amendments pending.

By Mr. Miles, for the committee on Military Affairs and Pub- lie Safety, on the petition of P. Eugene Casey and Earl G. Crock- entertainments, ett, a Bill further regulating the use of special halls for the entertainment of spectators during certain months in each year (Senate, No. 760) (Senator Krapf and Representatives Pierce of Greenfield and Hutchinson of Lynn dissenting); Read, the rules suspended, on motion of Mr. Casey, and the bill read a second time and ordered to a third reading. By Mr. Coolidge, for the committee of conference on the dis- Motorjehiciee. agreeing votes of the two branches with reference to the House tion^Tprop- amendment of the Senate Bill further regulating the transporta- ert>'for hire- tion of property by motor vehicle for compensation (Senate, No. 753), — recommending that the Senate recede from its non-concurrence in the House amendment in section 3, inserting after the word "between", in line 9, the word "designated", and concur therein; The rule suspended, on motion of the same Senator, and the report considered forthwith; and accepted. Sent down for concurrence.

By Mr. Richardson, for the committee on Ways and Means, Metropolitan that the House Bill relative to appointments to the regular police appointments, force of the Metropolitan District Commission (House, No. 2699, amended), -— ought NOT to pass; Read, and the bill placed in the Orders of the Day for the next session, the question being on rejecting it. Order Adopted. On motion of Mr. Brackman, — Senate, — hour of Ordered, That when the Senate adjourns today it adjourn to meeting. meet tomorrow at ten o'clock A.M. Order. Mr. Connors offered the following order; and, under the rule, it was referred to the committee on Rules, to wit: — Governor's Committee Ordered, That, to assure the conservation of State finances, the on Public Commission on Administration and Finance and a representative Safety, — investigation. of the Attorney General's office are hereby ordered to investigate the expenditures and activities of the Governor's Committee on Public Safety. The commission shall make its report and recommendations to the Senate on the first Tuesday in September in the year nineteen hundred and forty-one.

PAPERS FROM THE HOUSE. Apprentice A Bill to establish within the Department of Labor and Indus- training division, — tries a division of apprentice training, and to establish the duties of establishment. said division (House, No. 2821, — on the petition of the Massa- chusetts State Federation of Labor, accompanied by bill, House, No. 1135; and the petition of James T. Moriarty, accompanied by bill, House, No. 1413) ; and Resolves Boston Ele- Providing for the expense of bringing a legal proceeding for a vated Railway Company, — declaratory judgment, order or decree interpreting certain provi- legal proceedings sions of law relative to public control of the Boston Elevated Rail- against. way Company (House, No. 2748, amended, — on a message from His Excellency the Governor, House, No. 2627) (Senator Bernard L. Sullivan and Representatives Whiton of Quincy, Cappucci of Boston and McMorrow of Boston dissenting); and Intergovern- Providing for an investigation and study by a special commis- mental relations, — study. sion relative to intergovernmental relations (House, No. 2808, — on the petition of Charles M. Rogerson, accompanied by bill, House, No. 837; the petition of Susan K. Donovan, accompanied by bill, House, No. 1266; the petition of Andrew A. Casassa, secretary of the Massachusetts Mayors' Club, accompanied by bill, House, No. 1271; and the petition of Raymond W. Schlapp, accompanied by resolve, House, No. 2701); Were severally read and, under the rule, referred to the committee on Ways and Means. Traffic con- A Resolve providing for an investigation and study by a special gestion near Boston, etc., unpaid commission relative to the survey of traffic congestion in — study. and in the vicinity of Boston and throughout the Commonwealth and for planning the relief thereof, and relative to certain matters appertaining to motor vehicles (House, No. 2822 amended, - new draft of Senate Bill No. 738; and of bill, House No. 2033, taken from House files; and on the petition of the Dorchester Board oi Trade, accompanied by bill, House, No. 590; the petition of Clar- ence V. Nickerson and others, selectmen of the town ot Hull, accompanied by bill, House, No. 1177; the petition of William II. J. Rowan and Peter J. Jordan, accompanied by bill, House, No. 1452; the petition of Lawrence H. Davis, accompanied by bill, House, No. 1796; the petition of William H. J. Rowan, accompanied by bill, House, No. 1994; the petition of Myron N. Lane, accompanied by bill, House, No. 2105; the first report of the joint special committee on Highways and Motor Vehicles, House, No. 2763; and the final report of the joint special committee on Highways and Motor Vehicles, House, No. 2789), — was read and, under the rule, referred to the committee on Ways and Means. Subsequently, Mr. Hollis, for the said committee, reported that the resolve ought to pass. Placed in the Orders of the Day for the next session for a second reading.

A Bill relative to the annexation by the city of jfttchburg of a Fitchburg and part of the city of Leominster and the annexation by said city of bounda?yu'nI Leominster of a part of said city of Fitchburg, and making changes in certain laws relative to the territory affected (House, No. 2813, changed, — on the petition of Edwin H. Nichols), — was read and, under the rule, referred to the committee on Municipal Finance. Subsequently, Mr. Miles, for the said committee, reported that the bill ought to pass. The rules were suspended, on motion of Mr. Stanton, and the bill was read a second time and a third time and passed to be engrossed, in concurrence.

The engrossed Bill providing for one day off in every six days for Metropolitan Police, — members of the police force of the Metropolitan District Commis- one day sion (see House, No. 1567), which previously had been returned to off in six. the House by His Excellency the Governor with a recommendation of amendment, — came up, amended by adding the following new section:—"SECTION 2. This act shall not take effect until the President of the United States declares the present national emergency to be at an end.". Under the rule, the amendment was placed in the Orders of the Day for the next session, the question being on adopting it, in concurrence.

The engrossed Bill to discourage belated decisions by the Su- Superior and district courts* perior Court and by district courts (see House, No. 2704, amended), — belated which previously had been returned to the House by His Excel- decisions. lency the Governor, with a recommendation of amendment, — came up, with the endorsement that the House had refused to adopt the amendment. The President stated that, inasmuch as, under the provisions of Article LVI of the Amendments to the Constitution, the bill was before the General Court and subject to amendment and re- enactment, the bill was before the Senate subject to amendment. The Senate refused to amend the bill; and it was returned to the House for its action. The Senate Bill providing for the maintenance, during the Gerry's years nineteen hundred and forty-one and nineteen hundred and maiSem^e of bathhouse. forty-two, by the Metropolitan District Commission of the bathhouse at Gerry's Landing in the city of Cambridge (printed in House, No. 2798, changed), — came up, passed to be engrossed, in concurrence, with an amendment in section 1, striking out, in lines 5 and 6, the words "such sums as may be appropriated therefor" and inserting in place thereof the words "from item 8607-00 of the general appropriation act of the current year, not exceeding seven hundred and fifty dollars in the year nineteen hundred and forty-one, and fifteen hundred dollars in the year nineteen hundred and forty-two". The rule was suspended, on motion of Mr. Blanchard, and the amendment was considered forthwith and was adopted, in concurrence.

Ballots, — The House Bill regulating the printing on ballots at State pri- names of candidates. maries of the names of candidates for nomination by a political party (House, No. 717), — came up, with the endorsement that the House had concurred in the Senate amendments (inserting after the word "office", in line 8, the words "of county commissioner or senator or representative in the General Court"; and striking out, in line 10, the word "independent" and inserting in place thereof the word "unenrolled"), —with further amendments adding at the end of the Senate amendments the words ", striking out, in line 7, the words 'an elective' and inserting in place thereof the word ' the'; and in the title, inserting after the word 'nomination' the words 'for certain offices'". The rule was suspended, on motion of Mr. Blanchard, and the further amendments were considered forthwith and were adopted, in concurrence. Industries, — The House Bill requiring the giving of notice to the Commis- notice of change of sioner of Labor and Industries of the commencement or a change of locations; committee of location of operations by industries in this Commonwealth (House, conference. No. 2665), —came up, with the endorsement that the House had non-concurred in the Senate amendments, and had asked for a committee of conference on the disagreeing votes of the two branches; and that Representatives Atkinson of Brookline, French of Swansea and Reddy of Fall River had been appointed the committee on the part of the House. The Senate insisted on its amendments, on motion of Mr. Curtis, and concurred in the appointment of a committee of conference; and Senators Curtis, Richardson and Murphy were joined on the part of the Senate. The bill was returned to the House endorsed accordingly. Committee of A House Report of the committee of conference on the disagree- conference; physicians ing votes of the two branches with reference to the Senate amend- certifying to insanity, — ment of the House Bill relative to the qualifications of physicians qualifications, certifying to insanity and relative to the temporary care of certain etc. mentally deranged persons (House, No. 2469, amended), recommending that the Senate recede from its amendment, — came up, and was read. , , The rule was suspended, on motion of Mr. Petersen, and me report was considered forthwith; and it was accepted, in concurrence. Notice was received that the engrossed Bill further regulating Veto, —sioo- the number of licenses that may be issued in cities and towns for licenses'eraEe the sale of alcoholic beverages (see House, No. 2373), having been returned to the House by His Excellency the Governor with his objections thereto in writing (House, No. 2561), — had failed to pass; That the engrossed Bill relative to the payment by the Common- veto, — fore- wealth of certain expenses in making forecasts and estimates of comtruction. probable new construction expenditures (see House Bill printed in House, No. 2234, App. X, amended), having been returned to the House by His Excellency the Governor with his objections thereto in writing (House, No. 2788), — had failed to pass; and That the engrossed Bill relative to abandoned lots in cemeteries veto, — aban- (see House, No. 2663), having been returned to the House by His Seri£in Excellency the Governor with his objections thereto in writing (House, No. 2812), — had failed to pass; That the following bills severally had been referred by the House to the next General Court: — Senate Bill making certain corrective changes in the laws rela- Pension laws, tive to retirement systems and pensions (printed in House, No. _chan8es- 2740); House Bill making certain minor perfecting changes in the School attend- General Laws relative to the school attendance and employment ?hang^!s,~ of children under sixteen (printed in Senate, No. 739) (reported by the committee on Labor and Industries, on the communication from the Counsel to the Senate and the Counsel to the House of Representatives relative thereto) ; House Bill providing for a separate fund to be known as the Old age assist- old age assistance fund, and setting aside certain revenue for said eSuXLlTt. fund (House, No. 603, changed) (reported by the committee on Pensions, on the petition of Adolph Johnson); House Bill governing discounts and other terms of sale in sales Alcoholic of certain alcoholic beverages by manufacturers and wholesalers dfscSfte' rtc and importers to retailers (House, No. 2795) (new draft of bill reported by the committee on Legal Affairs, on the petition of the Associated Rectifiers of Massachusetts and others, accompanied by bill, House, No. 1780); House Bill abolishing the existing Parole Board and creating a Parole Board, parole commission and defining its powers and duties (House, No. -abolition- 2797) (new draft of bill reported by the committee on State Ad- ministration, on the final report of the special commission, House, No. 1000, in part); and House Bill authorizing the acquisition by the Commonwealth Reformatory r en of additional land for the Reformatory for' Women (House, No. ^ add™ ' 2801) (reported by the committee on Public Welfare, on the peti- tionai land, tion of Laurence M. Channing and another, accompanied by bill, House, No. 2700); and That the House Bill further providing a temporary additional income, cor- tax upon personal incomes, corporations, successions and legacies other'te^ (House, No. 629) (reported by the committee on Taxation, on the - ""re- petition of Henry F. Long), — had been rejected by the House. A communication from the Sergeant-at-Arms, transmitting a Legislative statement (required by Joint Rule 3) of all bills presented to the -Tmve^g Comptroller of the Commonwealth during the month of July for the traveling expenses of committees of the General Court (House, No. 2825), — was read; and it was returned to the House. — galenas8" loss ^ House petition (accompanied by bill, House, No. 2838) of the leaded 088 Associated Greater Boston Tobacco Retailers, Inc., and others for legislation to prohibit the sale of cigarettes as "loss leaders" with intent to injure competitors or to destroy competition and to increase collections under the cigarette tax law, — was referred, in concurrence, under a suspension of Joint Rule 12, to the committee on Mercantile Affairs.

Resolve Returned by Governor with Recommendation of Amendment. Message from An engrossed Resolve providing for an investigation by the De- Governor, — bureau for partment of Public Health relative to the advisability and expense care of inebriates. of establishing in said department a bureau for the care of inebriates (see House, No. 2777), having been returned to the House by His Excellency the Governor, in accordance with the provisions of Article LYI of the Amendments to the Constitution, with a recommendation of amendment (see House, No. 2836), — came up, amended by striking out, in line 1 (as printed), the word "public" and inserting in place thereof the word "mental"; and in the title, striking out the word "Public" and inserting in place thereof the word "Mental". Senate Rule No. 36 was suspended, on motion of Mr. Mont- miny, and the amendment was considered forthwith. On motion of Mr. Lundgren, the bill was further amended by striking out, in line 5 (as printed), the words "said department" and inserting in place thereof the words "the department of public health"; and by inserting after the word "department", in line 6 (as printed), the words "of mental health". The Senate then concurred in the adoption of the House amendments, with the further amendments, which were sent down for concurrence. Emergency Preambles Adopted. Tax exempt An engrossed Bill to pirovide reciprocity respecting property institutions, — property. received by tax exempt institutions in Massachusetts by non- resident decedents (see House, No. 2349, amended), — was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted, in concurrence, by a vote of 12 to 0.

Board of An engrossed Bill changing the name of the Board of Registra- Registration of Nurses, etc. tion of Nurses, increasing the number and compensation of its members, providing for the licensing of attendants and establishing an approving authority for schools for nurses and schools for attendants (see House, No. 2530, amended), — was laid before the Senate; and, a separate vote being taken in accordance writh the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted, in concurrence, by a vote of 16 to 0. An engrossed Bill further authorizing the use, on the ways within Motor vehicles the Commonwealth, of certain motor vehicles and trailers during — regulation the present national emergency (see House Bill printed in House, of length- No. 2796), — was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted, in concurrence, by a vote of 15 to 0. The bills were severally signed by the President and sent down for enactment. Engrossed Bills and Resolves. The following engrossed bills (the first six of which originated in the Senate) were severally passed to be enacted, to wit: — Reducing the rate of interest on betterment assessments; More""* Relative to the sale of lands of low value held by cities 01' Governor, towns; Providing for a commissioner of public health and an advisory health board in the city of Worcester; Relative to the revision and codification of the laws relating to inland fisheries, birds and mammals; To amend the laws relative to marine fish and fisheries including crustacea and shellfish and in certain other respects; Further regulating the procedure relative to the budget and appropriations of the city of Boston and the county of Suffolk; Authorizing the town of Mansfield to borrow money for school purposes; Regulating the licensing by the Department of Public Health of hospitals and sanatoria; Further authorizing the use, on the ways of the Commonwealth, of certain motor vehicles and trailers during the present national emergency; Regulating the requirements for hearings, and for notices of hearings, upon applications for certain certificates and permits by carriers of property by motor vehicle; Making a certain law establishing a merit system for municipal public welfare employees inapplicable to certain employees by mistake included under such system; To enable the Department of Public Welfare to co-operate more fully with the federal government in connection with the administration of the laws relative to aid to dependent children; Requiring the submission to the Department of Education of certain contracts for transportation or board of pupils before reimbursement may be obtained for expenditures thereunder; Providing for the construction by the Metropolitan District Commission of a fence along portions of the banks of the Neponset River in the Hyde Park section of the city of Boston; Providing for the annual renewal of certificates of registration as barbers, further regulating the inspection and approval of bar- ber shops and providing for the registration of such shops; and Granting to the United States of America the right, title and interest of the Commonwealth in and to Slabbery Pond and Smooth Pond in the Westover Field Army Air Base and ceding jurisdiction over such ponds. The following engrossed resolves (both of which originated in the House) were severally passed and, with the above-named bills, were signed by the President and laid before the Governor for his approbation, to wit: — Resolves Providing for an investigation and study by a special unpaid laid before Governor. commission of group insurance, so called, for public employees; and Providing for an investigation by a special commission relative to the retirement systems of the Commonwealth and of the political subdivisions thereof. Orders of the Day. The Orders of the Day were taken up. Carriers of property by The motion that the Senate reconsider the vote by which, at motor vehicle. the preceding session, it had non-concurred in the adoption of the following House amendments of the Senate Bill exempting certain motor vehicles from certain provisions of law relative to carriers of property by motor vehicle (Senate, No. 757): — Striking out, in lines 10, 11 and 12, and in lines 19, 20 and 21, respectively, the words "if the owner of such vehicle has no interest, directly or indirectly, in any other motor vehicle,", — was considered; and the question thereon was determined by a call of the yeas and nays, as follows, to wit: —

YEAS. Casey, P. Eugene Lee, Robert L. Connors, Louis B. Miles, Charles G. Francis, Joseph F. Nolen, William E. Haley, Cornelius F. Petersen, Tycho M. Harrington, Joseph B. Richardson, Harris S. Hogan, Charles V. Sullivan, Bernard L. Hollis, Arthur W. Sullivan, Leo J. — 14.

NAYS. Babcock, Frank D. Johnston, Thomas H. Blanchard, Arthur F. Krapf, George W. Bowers, Richard S. Lane, Thomas J. Brackman, David M. Lundgren, Harold R. Coolidge, Arthur W. MacDonald, Donald A. Curtis, Laurence Mackay, John D. Dolan, Chester A., Jr. Montminy, Joseph F. Giroux, Eugene H. Olson, Charles W. Gunn, James A. Stanton, George W. Hunt, Jarvis Sullivan, Charles F. Jeff —20.

PAIRED. YEA. NAY. Joseph L. Murphy, William P. Grant (present) — 2.

ABSENT OR NOT VOTING. Holmes, Newland H. Sears, Mason —3. Nicholson, Donald W. So the motion to reconsider was negatived. Statement by After the vote had been announced, Mr. Nicholson arose to a Senator Nicholson. question of personal privilege, which, being stated, was that when the vote was taken he had been unavoidably absent from the Senate Chamber on official business; and that, had he been present, he would have voted in the affirmative. He asked that his statement be recorded in the Journal of the Senate; and, there being no objection, it was so ordered. The bill was returned to the House endorsed accordingly. Subsequently, the bill came up, with the endorsement that the House had receded from its amendments. The motion that the Senate reconsider the vote by which, at the sute Hmpitai preceding session, it had rejected, as previously had been recom- and infirmary, mended by the committee on Ways and Means, the House Bill ing school, relative to the maintenance of a nurses' training school at Tewks- bury State Hospital and Infirmary (House, No. 1276), — was considered; and the question thereon was determined by a call of the yeas and nays, as follows, to wit: —

YEAS. Casey, P. Eugene Lee, Robert L. Connors, Louis B. Nicholson, Donald W. Dolan, Chester A., Jr. Nolen, William E. Giroux, Eugene H. Petersen, Tycho M. Grant, William P. Stanton, George W. Harrington, Joseph B. Sullivan, Bernard L. Hogan, Charles V. Sullivan, Charles F. Jeff Johnston, Thomas H. Sullivan, Leo J. — 17. Lane, Thomas J.

NAYS. Babcock, Frank D. Hunt, Jarvis Blanchard, Arthur F. Krapf, George W. Bowers, Richard S. Lundgren, Harold R. Brackman, David M. MacDonald, Donald A. Curtis, Laurence Mackay, John D. Francis, Joseph F. Miles, Charles G. Gunn, James A. Montminy, Joseph F. Hollis, Arthur W. Richardson, Harris S. — 16.

PAIRED. YEAS. NAYS. /Arthun UIUJr W.. Coolidgv^uuijuge (presentvpicBciiu,/) , Mason Sears. Cornelius F. Haley (present), Newland H. Holmes-—4.

ABSENT OR NOT VOTING. Murphy, Joseph L. Olson, Charles W. — 2.

So the motion to reconsider prevailed. The recurring question on rejecting the bill was then determined by a call of the yeas and nays, as follows, to wit: —

YEAS. Babcock, Frank D. Hunt, Jarvis Blanchard, Arthur F. Krapf, George W. Bowers, Richard S. Lundgren, Harold R. Brackman, David M. MacDonald, Donald A. Curtis, Laurence Mackayivi, , Johpjuiuni DIJ.. Francis, Joseph F. Miles, Charles G. Goodwin, Angier L. Montminy, Joseph F. Gunn, James A. Richardson, Harris S. — 17. Hollis, Arthur W. NAYS. Casey, P. Eugene Lee, Robert L. Connors, Louis B. Nicholson, Donald W. Dolan, Chester A., Jr. Nolen, William E. Giroux, Eugene H. Petersen, Tycho M. Grant, William P. Stanton, George W. Harrington, Joseph B. Sullivan, Bernard L. Hogan, Charles V. Sullivan, Charles F. Jeff Johnston, Thomas H. Sullivan, Leo J. — 16.

PAIRED.

YEAS. NAYS. Newland H. Holmes, Arthur W. Coolidge (present). Thomas J. Lane (present), Joseph L. Murphy. Mason Sears, Cornelius F. Haley (present) — 6.

ABSENT OR NOT VOTING. Olson, Charles W. — 1.

So the bill was again rejected, as previously had been recommended by the committee on Ways and Means.

Firemen, — The unfinished business, i.e., the engrossed Bill further regu- houra of labor. lating the hours of duty of permanent members of fire departments in certain cities and towns (see House, No. 2335, amended), — was considered; and, pending the question on adopting the amendment previously moved by Mr. Hunt, the further consideration thereof was postponed, on .motion of the same Senator, until the remaining matters in the Orders of the Day had been disposed

Subsequently, after the recess, Mr. Harrington moved that Senate Rule No. 38 be suspended so that the bill might be considered out of its regular course; and the question on this motion was determined by a call of the yeas and nays, as follows, to wit: —

YEAS. Casey, P. Eugene Lane, Thomas J. Connors, Louis B. Lee, Robert L. Dolan, Chester A., Jr. Nolen, William E. Francis, Joseph F. Olson, Charles W. Giroux, Eugene H. Stanton, George W. Grant, William P. Sullivan, Bernard L. Harrington, Joseph B. Sullivan, Charles F. Jeff Hogan, Charles V. Sullivan, Leo J. — 16.

NAYS. Babcock, Frank D. Hunt, Jarvis Blanchard, Arthur F. Lundgren, Harold R. Bowers, Richard S. MacDonald, Donald A. Coolidge, Arthur W. Mackay, John D. Curtis, Laurence Miles, Charles G. Gunn, James A. Montminy, Joseph F. Haley, Cornelius F. Nicholson, Donald W. Petersen, Tycho M. Hollis, Arthur W. Richardson, Harris S. — lb- Holmes, Newland H. ABSENT OR NOT VOTING. Brackman, David M. Murphy, Joseph L. Johnston, Thomas H. Sears, Mason — 5. Krapf, George W.

So the motion was negatived. Mr. Harrington moved that this vote be reconsidered. At one minute before four o'clock P.M., Mr. Casey moved that the President declare a recess; and this motion was negatived, by a vote of 7 to 14. The question on the motion to reconsider was then determined by a call of the yeas and nays, as follows, to wit: —•

YEAS. Casey, P. Eugene Lee, Robert L. Dolan, Chester A., Jr. Murphy, Joseph L. Giroux, Eugene H. Nolen, William E. Grant, William P. Stanton, George W. Harrington, Joseph B. Sullivan, Bernard L. Hogan, Charles V. Sullivan, Charles F. Jeff Lane, Thomas J. Sullivan, Leo J. — 14.

NAYS. Babcock, Frank D. Johnston, Thomas H. Blanchard, Arthur F. Krapf, George W. Bovvers, Richard S. Lundgren, Harold R. Brackman, David M. ' MacDonald, Donald A. Coolidge, Arthur W. Mackay, John D. Curtis, Laurence Miles, Charles G. Francis, Joseph F. Montminy, Joseph F. Gunn, James A. Nicholson, Donald W. Haley, Cornelius F. Olson, Charles W. Hollis, Arthur W. Petersen, Tycho M. Holmes, Newland H. Richardson, Harris S. — 23. Hunt, Jarvis

ABSENT OK NOT VOTING. Connors, Louis B. Sears, Mason — 2.

So the motion to reconsider was negatived. At seven minutes past four o'clock P.M., Mr. Casey moved that Motion to the President declare a recess; and this motion was negatived. The House Bill relative to the Henry 0. Peabody School for Henry o. P S0h001 Girls, at Norwood, Massachusetts (House, No. 2493), — was read f 0fG°rt. a second time and ordered to a third reading. The rules were suspended, on motion of Mr. Miles, and the bill was read a third time and passed to be engrossed, in concurrence.

The House Bill to provide for the employment of partially dis- Disabled public abled public employees and the temporary "filling of their original eSpby^8'- positions (House, No. 2569, amended), — was read a second time ment'et0- and ordered to a third reading. The rules were suspended, on motion of Mr. Haley, and the bill was read a third time and passed to be engrossed, in concurrence. County tuber- The House Bill fixing the charges for the support of patients at culosis hospitals, — county tuberculosis hospitals during the years nineteen hundred charges, etc. and forty-one to nineteen hundred and forty-three, inclusive, and providing for an investigation by a special commission relative to the cost of and admissions to such hospitals (House, No. 2607, amended); and The House resolves Low rent Providing for a study and investigation by a special unpaid housing, — investigation commission relative to what legislation, if any, may be advisable of standards. in order to require the owners of tenements and other dwellings leased or rented for human habitation to bring them up to certain standards to promote the health and well being of persons residing therein and relative to limited dividend corporations under the control of the State Housing Board (House, No. 2669); and Harbor and Relative to certain harbor and waterway improvements (House, waterway improvements. No. 2762); Were severally read a second time and ordered to a third reading. The rules were suspended, on motion of Mr. Curtis, in each instance, and the bill and resolves were severally read a third time and passed to be engrossed, in concurrence.

Microphoto- The House Bill providing for the making and keeping of micro- graphic records. photographic records, the destruction of certain records, and the use in evidence of photographic and microphotographic records and copies (printed in House, No. 2685), —was read a second time and ordered to a third reading. The rules were suspended, on motion of Mr. Richardson, and the bill was read a third time and passed to be engrossed, in concurrence.

Verna K. The House Bill providing for the payment of a certain sum of Draber, — claim. money to Verna K. Draber of Bourne (House, No. 2810), —was read a second time and ordered to a third reading. The rules were suspended, on motion of Mr. Nicholson, and the bill was read a third time and passed to be engrossed, in concurrence.

Court fees, The Senate Resolve providing for a study of certain fees and — study. payments in connection with the courts of the Commonwealth (Senate, No. 598), — was read a second time and ordered to a third reading. The rules were suspended, on motion of Mr. Hunt, and the resolve was read a third time and passed to be engrossed. Sent down for concurrence.

Junior colleges, The House Resolve providing for an investigation and study by — investigation. a special commission relative to junior colleges (House, No. UBiy amended), — was read a second time and was amended, as previously had been recommended by the committee on YNays ana Means, by striking out, in line 17, the words "five hundred (inserted by amendment by the House) and inserting in place thereof the words "one thousand". ,in(r The resolve, as amended, was then ordered to a third reading. The rules were suspended, on motion of Mr. Curtis and the resolve was read a third time and passed to be engrossed, m concur rence, with the amendment, which was sent down for concurrence. The House bills Repealing the law providing for adjustment of veterans' tax House exemptions (House, No. 2425, amended); and Relative to the hours of labor of women and children employed in certain positions in hospitals (House, No. 2633, amended); and The House Resolve relative to sundry accounts of the Board of Registration of Hairdressers with the Commonwealth (House, No. 2791, amended); Were severally read a third time and passed to be engrossed, in concurrence. The motion that the Senate reconsider the vote by which, at a Cashier in previous session, it had ordered to a third reading the House Bill GSI abolishing the office of cashier in the Department of the Attorney office- General (House, No. 2781), — was considered. There being no objection, on motion of Mr. Harrington, at six Recess, minutes before one o'clock P.M., the President declared a recess; and at three minutes before two o'clock P.M. the Senate re- assembled. Mr. Nicholson moved that the further consideration of the motion to reconsider be postponed until the remaining matters passed for consideration in the Orders of the Day had been disposed of; and the question on this motion was determined by a call of the yeas and nays, as follows, to wit: —

YEAS. Babcock, Frank D. Lundgren, Harold R. Blanchard, Arthur F. MacDonald, Donald A. Bowers, Richard S. Mackay, John D. Brackman, David M. Miles, Charles G. Coolidge, Arthur W. Montminy, Joseph F. Francis, Joseph F. Nicholson, Donald W. Gunn, James A. Olson, Charles W. Hollis, Arthur W. Petersen, Tycho M. Johnston, Thomas H. Richardson, Harris S. — 18.

NAYS. Casey, P. Eugene Lee, Robert L. Connors, Louis B. Murphy, Joseph L. Dolan, Chester A., Jr. Nolen, William E. Grant, William P. Stanton, George W. Harrington, Joseph B. Sullivan, Bernard L. Hogan, Charles V. Sullivan, Charles F. Jeff Lane, Thomas J. Sullivan, Leo J. — 14.

ABSENT OR NOT VOTING. Curtis, Laurence Hunt, Jarvis Giroux, Eugene H. Krapf, George W. Haley, Cornelius F. Sears, Mason — 7. Holmes, Newland H.

So the motion to postpone prevailed.

The House Resolve providing for payments by the Common- Work and wealth of certain sums as full compensation for certain work performed for, and certain materials furnished to, the Common- state'~ wealth (House, No. 2775, amended), — was considered; and, paymen Gunn, James A. MacDonald, Donald A. Haley, Cornelius F. Mackay, John D. Hollis, Arthur W. Montminy, Joseph F. Holmes, Newland H. Nicholson, Donald W. Hunt, Jarvis Olson, Charles W. Johnston, Thomas H. Petersen, Tycho M. Lundgren, Harold R. Richardson, Harris S. —

ABSENT OK NOT VOTING. Babcock, Frank D. Murphy, Joseph L. Krapf, George W. Sears, Mason — 4.

So the Senate refused to suspend the rule. Institution The engrossed Bill establishing a forty-eight hour week for cer- employees, — forty-eight tain employees of institutions of certain cities and towns (see hour week. House, No. 2337), — was considered; and, pending the question on adopting the amendments previously moved by Mr. Hunt, the same Senator moved that the further consideration thereof be postponed until the remaining matters passed for consideration in the Orders of the Day had been disposed of; and the question on this motion was determined by a call of the yeas and nays, as follows, to wit: —- YEAS. Babcock, Frank D. Krapf, George W. Blanchard, Arthur F. Lane, Thomas J. Bowers, Richard S. Lundgren, Harold R. Brackman, David M. MacDonald, Donald A. Coolidge, Arthur W. Mackay, John D. Curtis, Laurence Miles, Charles G. Gunn, James A. Montminy, Joseph F. Haley, Cornelius F. Nicholson, Donald W. Hollis, Arthur W. Olson, Charles W. Holmes, Newland H. Petersen, Tycho M. Hunt, Jarvis Richardson, Harris S. —- 23. Johnston, Thomas H.

NAYS. Casey, P. Eugene Lee, Robert L. Connors, Louis B. Murphy, Joseph L. Dolan, Chester A., Jr. Nolen, William E. Giroux, Eugene H. Stanton, George W. Grant, William P. Sullivan, Bernard L. Harrington, Joseph B. Sullivan, Charles F. Jeff Hogan, Charles V. Sullivan, Leo J. —14.

ABSENT OR NOT VOTING. Francis, Joseph F. Sears, Mason — 2.

So the motion to postpone prevailed.

Police officers, The engrossed Bill relative to the granting of one day off in — one day off in six. every six days for police officers of certain cities and towns (see House, No. 2383, amended), — was considered; and, pending the question on adopting the amendment previously moved by Mr. Hunt, the further consideration thereof was postponed, on motion of the same Senator, until the remaining matters passed for consideration in the Orders of the Day had been disposed of. The Senate Bill relating to the commitment of juvenile delin- senate auents to jail and the care of children under seventeen held for examination or trial (Senate, No. 758, amended), — was read a third time and passed to be engrossed. Sent down for concurrence. The House Bill with respect to the classification and taxation of forest lands and forest products (House, No. 2270), —was read a third time. Mr. Hunt moved that the bill be amended by substituting a new draft with the same title (Senate, No. 763). Pending this amendment, and pending the main question on passing the bill to be engrossed, in concurrence, Mr. Connors moved that the further consideration thereof be postponed until the next session; and this motion was negatived. The amendment was then adopted; and, accordingly, the new draft was substituted. The bill, as amended by the substitution of the new drait (Senate, No. 763), was then passed to be engrossed. Mr. Connors moved that this vote be reconsidered; and, under ; the rule, the motion to reconsider was placed first in the Orders of the Day for the next session. The House Bill relative to appointments to the regular police House force in certain cities and towns (House, No. 2802, amended), — was read a third time and passed to be engrossed, in concurrence. The House Bill relative to the registration and operation of certain bicycles (House, No. 2805, amended) (its title having been - operation, changed by the committee on Bills in the Third Reading), — was read a third time. Mr. MacDonald moved that the bill be amended in section 1, by striking out the sentence contained in lines 31 to 37, inclusive, and inserting in place thereof the two following sentences: — "Upon the sale or other transfer of a registered bicycle, the regis- trant shall remove the registration plate and surrender the same to the police department or the selectmen, as the case may be, of the city or town where the bicycle is registered, or, subject to the following sentence, may, upon application but without payment of an additional fee, have said plate assigned to another bicycle owned by the applicant. If such applicant removes from the city or town where such bicycle is registered he shall remove and surrender the registration plate to the police department or the selectmen, as the case may be, of the city or town where such bicycle is registered, and if he becomes a resident of another city or town which has accepted this section he shall not operate a bicycle in such city or town unless it is registered as provided herein."; and by striking out, in line 59, the words "In such cities or towns, operators" and inserting in place thereof the word "Operators". Pending these amendments, and pending the main question on passing the bill to be engrossed, in concurrence, Mr. Miles moved that the further consideration thereof be postponed until the next session; and this motion was negatived. The amendments were then rejected. pending the question on ordering the resolve to a third reading, it was recommitted to the committee on Ways and Means, on motion of Mr. Hollis. Guy Marvel, The House Bill requiring the Metropolitan District Water - claim. Supply Commission to pay a certain sum of money to Guy Marvel of Petersham (printed as Senate, No. 440, changed),—-was read a second time. Mr. Richardson moved that the bill be referred to the next Gen- eral Court; and the question on this motion was determined by a call of the yeas and nays, as follows, to wit: —

YEAS. Babcock, Frank D. Hunt, Jarvis Blanchard, Arthur F. Ivrapf, George W. Bowers, Richard S. Lundgren, Harold R. Coolidge, Arthur W. Mackay, John D. Curtis, Laurence Montminy, Joseph F. Gunn, James A. Richardson, Harris S. — 13. Hollis, Arthur W.

NAYS. Brackman, David M. Lee, Robert L. Casey, P. Eugene MacDonald, Donald A. Connors, Louis B. Miles, Charles G. Dolan, Chester A., Jr. Murphy, Joseph L. Francis, Joseph F. Nicholson, Donald W. Giroux, Eugene H. Nolen, William E. Grant, William P. Olson, Charles W. Haley, Cornelius F. Petersen, Tycho M. Harrington, Joseph B. Stanton, George W. Hogan, Charles V. Sullivan, Bernard L. Johnston, Thomas H. Sullivan, Charles F. Jeff Lane, Thomas J. Sullivan, Leo J. — 24.

ABSENT OR NOT VOTING. Holmes, Newland H. Sears, Mason —2.

So the motion was negatived. The bill was then ordered to a third reading.

Southborough, The House Bill authorizing the town of Southborough to take — water supply. water for water supply purposes from the pressure aqueduct and tunnel of the metropolitan water system (House, No. 24bS, amended), — was read a second time and ordered to a third reading The rules were suspended, on motion of Mr. Casey, and the bill was read a third time and passed to be engrossed, in concurrence. Surplus com- The House Bill authorizing the Commissioner of Public Welfare modities, — distribution. to accept, for relief purposes, agricultural commodities irom the Surplus Marketing Administration of the United States Uepau- ment of Agriculture, and to provide for the distribution of the same through the stamp plan, and also to provide for the distribution of other commodities received from the United States in tne cities and towns of the Commonwealth (House, No. 2475), - was read a second time and was amended, as previously had been recommended by the committee on Ways and Means, by substituting a new draft with the same title (Senate, No. 761). The bill, as amended by the substitution of the new draft (Sen- ate, No. 761), was then ordered to a third reading. The rules were suspended, on motion of Mr. Curtis, and the bill was read a third time and passed to be engrossed, its title having been changed by the committee on Bills in the Third Reading so as to read as follows: "An Act authorizing the Commissioner of Public Welfare to accept, for relief purposes, surplus agricultural commodities from the Surplus Marketing Administration of the United States Department of Agriculture, providing for the distribution of the same through the stamp plan, and providing for the distribution of other commodities received from the United States through said administration." Sent down for concurrence. The House Bill relative to the Boston Terminal Company, the Boston assessment of its real estate, and the payment of taxes thereon (House, No. 2783), — was read a second time and was amended, on motion of Mr. Coolidge, by a vote of 20 to 5, by substituting a new draft with the same title (printed as House, No. 2719). Under the rule, the bill, as amended by the substitution of the new draft (printed as House, No. 2719), was placed in the Orders of the Day for the next session, the question being on ordering it to a third reading.

Under a suspension of Senate Rule No. 38, moved by Mr. Property held Hollis, the House Resolve providing for an investigation by a posfs?—study, special commission relative to certain problems arising from the holding of property in the Commonwealth for public purposes (House, No. 2731), — was read a second time. On further motion of the same Senator, the resolve was recommitted to the committee on Ways and Means.

Mr. Casey moved that Senate Rule No. 38 be suspended so oid age assist- that the Bill providing for an increase in the minimum rate of ance' — ™ini" l-iiiii • mum rate. assistance to be paid under the old age assistance law, so called, making certain other changes in said law, and establishing an old age assistance fund (House, No. 2806, amended) might be considered out of its regular course; and the question on this motion was determined by a call of the yeas and nays, as follows, to wit: —•

YEAS. Casey, P. Eugene Lee, Robert L. Connors, Louis B. Miles, Charles G. Dolan, Chester A., Jr. Nolen, William E. Giroux, Eugene II. Stanton, George W. Grant, William P. Sullivan, Bernard L. Harrington, Joseph B. Sullivan, Charles F. Jeff Hogan, Charles V. Sullivan, Leo J. — 15. Lane, Thomas J.

NAYS. Blanchard, Arthur F. Coolidge, Arthur W. Bowers, Richard S. Curtis, Laurence Brackman, David M. Francis, Joseph F. Mr. Harrington moved that the bill be amended in section 1, by striking out, in line 20, the words "and age of the owner"; and by striking out, in lines 21 and 22, the words ", or any other identi- fying marks". Pending these amendments, and pending the main question on passing the bill to be engrossed, in concurrence, Mr. Harring- ton moved that the Orders of the Day be laid on the table; and the question on this motion was determined by a call of the yeas and nays, as follows, to wit: —

YEAS. Casey, P. Eugene Miles, Charles G. Connors, Louis B. Murphy, Joseph L. Dolan, Chester A., Jr. Nolen, William E. Francis, Joseph F. Olson, Charles W. Giroux, Eugene H. Stanton, George W. Grant, William P. Sullivan, Bernard L. Harrington, Joseph B. Sullivan, Charles F. Jeff Lane, Thomas J. Sullivan, Leo J. — 17. Lee, Robert L.

NAYS. Babcock, Frank D. Hunt, Jarvis Blanchard, Arthur F. Johnston, Thomas H. Bowers, Richard S. Krapf, George W. Brackman, David M. Lundgren, Harold R. Coolidge, Arthur W. MacDonald, Donald A. Curtis, Laurence Mackay, John D. Gunn, James A. Montminy, Joseph F. Haley, Cornelius F. Nicholson, Donald W. Hogan, Charles V. Petersen, Tycho M. Hollis, Arthur W. Richardson, Harris S. — 21. Holmes, Newland H.

ABSENT OB NOT VOTING. Sears, Mason — 1.

So the motion was negatived. The question on the amendments moved by Mr. Harrington was then determined by a call of the yeas and nays, as follows, to wit: —

YEAS. Casey, P. Eugene Murphy, Joseph L. Connors, Louis B. Nolen, William E. Dolan, Chester A., Jr. Stanton, George W. Harrington, Joseph B. Sullivan, Bernard L. Lane, Thomas J. Sullivan, Charles F. Jeff Lee, Robert L. Sullivan, Leo J. — 12.

NAYS. Babcock, Frank D. Gunn, James A. Blanchard, Arthur F. Haley, Cornelius F. Bowers, Richard S. Hogan, Charles V. Brackman, David M. Hollis, Arthur W. Coolidge, Arthur W. Holmes, Newland H. Curtis, Laurence Hunt, Jarvis Francis, Joseph F. Johnston, Thomas H. Giroux, Eugene H. Krapf, George W. Grant, William P. Lundgren, Harold R. MacDonald, Donald A. Olson, Charles W. Miles, Charles G. Petersen, Tycho M. Montminy, Joseph F. Richardson, Harris S. — 25. Nicholson, Donald W.

ABSENT OR NOT VOTING. Mackay, John D. Sears, Mason — 2.

So the amendments were rejected. Mr Bernard L. Sullivan moved that the bill be amended in section 1, bv inserting after the word "minor" (in the words added by amendment by the House), the words "under the age of eighteen"; and the question on this amendment was determined by a call of the yeas and nays, as follows, to wit: —

YEAS. Babcock, Frank D. Mackay, John D. Casey, P. Eugene Miles, Charles G. Connors, Louis B. Murphy, Joseph L. Dolan, Chester A., Jr. Nicholson, Donald W. Giroux, Eugene H. Nolen, William E. Grant, William P. Stanton, George W. Harrington, Joseph B. Sullivan, Bernard L. Hogan, Charles V. Sullivan, Charles F. Jeff Lane, Thomas J. Sullivan, Leo J. — 19. Lee, Robert L.

NAYS. Blanchard, Arthur F. Johnston, Thomas H. Bowers, Richard S. Krapf, George W. Brackman, David M. Lundgren, Harold R. Curtis, Laurence MacDonald, Donald A. Francis, Joseph F. Montminy, Joseph F. Gunn, James A. Olson, Charles W. Haley, Cornelius F. Petersen, Tycho M. Hollis, Arthur W. Richardson, Harris S. — 17. Hunt, Jarvis

ABSENT OR NOT VOTING. Coolidge, Arthur W. Sears, Mason — 3. Holmes, Newland H.

So the amendment was adopted. The question on passing the bill to be engrossed, in concurrence, with the amendment, was then determined by a call of the yeas and nays, as follows, to wit: —

YEAS. Babcock, Frank D. Johnston, Thomas H. Blanchard, Arthur F. Lane, Thomas J. Bowers, Richard S. Lee, Robert L. Brackman, David M. MacDonald, Donald A. Francis, Joseph F. Miles, Charles G. Giroux, Eugene H. Montminy, Joseph F. Grant, William P. Nolen, William E. Gunn, James A. Olson, Charles W. Haley, Cornelius F. Stanton, George W. Hogan, Charles V. Sullivan, Bernard L. Hollis, Arthur W. Sullivan, Charles F. Jeff — 23. Hunt, Jarvis NAYS. Casey, P. Eugene Krapf, George W. Connors, Louis B. Lundgren, Harold R. Coolidge, Arthur W. Murphy, Joseph L. Curtis, Laurence Nicholson, Donald W. Dolan, Chester A., Jr. Petersen, Tycho M. Harrington, Joseph B. Sullivan, Leo J. — 12.

ABSENT OR NOT VOTING. Holmes, Newland H. Richardson, Harris S. Mackay, John D. Sears, Mason — 4.

So the bill was passed to be engrossed, in concurrence, with the amendment, which was sent down for concurrence.

Daylight saving, — The House Report of the committee on Legal Affairs, reference extension. to the next General Court, on the petition (accompanied by bill, House, No. 2785) of John E. Troy, Jr., for legislation relative to daylight saving in this Commonwealth during the present national emergency, — was considered, the question being on accepting it, in concurrence. Mr. Harrington moved that the report be amended by substituting a "Bill relative to 'daylight saving', so called, in this Commonwealth during the present national emergency" (printed as House, No. 2785); and the question on this amendment was determined by a call of the yeas and nays, as follows, to wit: —

YEAS. Casey, P. Eugene Lee, Robert L. Connors, Louis B. Stanton, George W. Dolan, Chester A., Jr. Sullivan, Bernard L. Harrington, Joseph B. Sullivan, Charles F. Jeff Hogan, Charles V. Sullivan, Leo J. —10.

NAYS. Babcock, Frank D. Johnston, Thomas H. Blanchard, Arthur F. Krapf, George W. Bowers, Richard S. Lane, Thomas J. Brackman, David M. Lundgren, Harold R. Coolidge, Arthur W. MacDonald, Donald A. Curtis, Laurence Mackay, John D. Francis, Joseph F. Miles, Charles G. Giroux, Eugene H. Montminy, Joseph F. Grant, William P. Nicholson, Donald W. Gunn, James A. Nolen, William E. Haley, Cornelius F. Olson, Charles W. Ilollis, Arthur W. Petersen, Tycho M. Hunt, Jarvis Richardson, Harris S. — 26.

ABSENT OR NOT VOTING. Holmes, Newland H. Sears, Mason — 3. Murphy, Joseph L.

So the amendment was rejected. The report was then accepted, in concurrence. The Bill to enable certain mutual insurance companies to issue Mutual^ policies without contingent liability (House, No. 2832), - was companies,- out read a second time. contingent Pending the amendment previously recommended by the com- liability, mittee on Ways and Means, and pending the mam question on ordering the bill to a third reading, — but without action thereon; and without action on the remaining matters passed for consideration in the Orders of the Day, Mr. Hunt moved that the Senate adjourn; and the question on this motion was determined by a call of the yeas and nays, as follows, to wit: —

YEAS. Babcock, Frank D. Hunt, Jarvis Blanchard, Arthur F. Johnston, Thomas H. Bowers, Richard S. Krapf, George W. Brackman, David M. Lundgren, Harold R. Coolidge, Arthur W. MacDonald, Donald A. Curtis, Laurence Mackay, John D. Francis, Joseph F. Montminy, Joseph F. Gunn, James A. Nicholson, Donald W. Haley, Cornelius F. Olson, Charles W. Hogan, Charles V. Petersen, Tycho M. Hollis, Arthur W. Richardson, Harris S. — 22.

NAYS. Connors, Louis B. Nolen, William E. Dolan, Chester A., Jr. Stanton, George W. Giroux, Eugene H. Sullivan, Bernard L. Harrington, Joseph B. Sullivan, Charles F. Jeff Lane, Thomas J. Sullivan, Leo J. — 11. Lee, Robert L.

ABSENT OR NOT VOTING. Casey, P. Eugene Miles, Charles G. Grant, William P. Murphy, Joseph L. Holmes, Newland H. Sears, Mason — b.

So the motion prevailed; and, accordingly, at eighteen minutes before seven o'clock P.M. the Senate adjourned, to meet on the following day at ten o'clock A.M. SATURDAY, August 2, 1941. Met according to adjournment. Prayer was offered bs^ the Chaplain.

Bill Recalled from Governor Laid before the Senate. Beiiingham- The engrossed Bill establishing the boundary line between the boundary line, towns of Beiiingham and Franklin (see House, No. 2766, changed), which, at the preceding session, had been returned by His Excel- lency the Governor at the request of the Senate, — was laid before the Senate. Mr. Olson asked unanimous consent that he might move that the Senate reconsider the vote by which, at a previous session, it had passed the bill to be enacted; and, there being no objection, this motion was entertained; and it prevailed. On further motions of the same Senator, Senate Rule No. 49 was suspended and the bill was amended by inserting after section 1 the following new sections: — "SECTION 1A. The inhabitants of the estates within the territory in the towns of Beiiingham and Franklin, respectively, which is affected by this act, and the owners of such estates, shall be holden to pay all arrears of taxes which have legally been assessed upon them prior to the effective date of this act, and such taxes shall be collected by the collector of the town by which said taxes were originally assessed. "SECTION IB. Inhabitants of the territory set off from the town of Beiiingham and annexed to the town of Franklin and of that set off froTx the town of Franklin and annexed to the town of Bei- iingham by this act shall, if qualified to vote in such territory, continue to be voters of the town of Beiiingham and the town of Franklin, respectively, for the purpose of electing representatives in the general court, until the next apportionment shall be made. It shall be the duty of the board of registrars of voters of each of said towns to make true lists of the persons within the territory hereby annexed thereto, qualified to vote at any such election, and to post a list in the said territory and to correct the same, as required by law, and to deliver the same to the registrars of voters of the town from which said territory was set off at least seven clays before any such election, and the same shall be taken and used for any such election in the same manner as if it had been prepared by the board of registrars of such town." Sent down for concurrence in the amendment.

Bill Recalled from the Governor. United States, On motion of Mr. Coolidge, it was voted that a message be sent rfiTncUn"011 to His Excellency the Governor requesting the return to the Sen- Bedford. ate of the engrossed Bill granting the consent of the Common- wealth to the acquisition by the United States of America of certain lands for the purposes of the Veterans' Administration Fa- cility in the town of Bedford (see House, No. 2764). Mr. Coolidge was appointed the messenger. Subsequently, the bill was returned. Reports of Committees. By Mr. Hollis, for the committee on Ways and Means, that the Members of House Bill relative to payment of the compensation of members of General Court, the General Court (House, No. 2828), ought to pass; tion°mpensa" The rules suspended, on motion of the same Senator, and the bill read a second time and a third time and passed to be engrossed, in concurrence. By Mr. Curtis, for the same committee, that the House Bill Young people, establishing the Massachusetts board for the promotion of oppor- ^omotfonof tunities for young people (House, No. 2671, amended), ought to opportunities, pass; The rules suspended, on motion of Mr. Brackman, and the bill read a second time and a third time and passed to be engrossed, in concurrence. By Mr. Curtis, for the same committee, that the House Resolve Tax problems, providing for a study by a special commission relative to the prob- — study- lems of taxation (House, No. 2780, amended), ought to pass; The rules suspended, on motion of the same Senator, and the resolve read a second time and a third time and passed to be engrossed, in concurrence. By Mr. Miles, for the committee on Municipal Finance, that the Boston, - Senate Bill authorizing the city of Boston to increase the amount of annuity payable by it to the widow of Thomas J. Stevens widow of ° (printed as House, No. 2650), ought to pass; stevX J' The rules suspended, on motion of the same Senator, and the bill read a second time and a third time and passed to be engrossed. Sent down for concurrence. By Mr. Richardson, for the committee on Ways and Means, Boston Eie- that the House Resolve providing for the expense of bringing a comply1-5 legal proceeding for a declaratory judgment, order or decree expense of interpreting certain provisions of law relative to public control proceedings, of the Boston Elevated Railway Company (House, No. 2748, amended), ought to pass; Referred, under the rule, to the committee on Municipal Fi- nance. Subsequently, Mr. Miles, for the committee on Municipal Fi- nance, reported that the resolve ought to pass. Placed in the Orders of the Day for the next session for a second reading. Mr. Hollis, for the committee on Ways and Means, reported Elizabeth that the House Resolve in favor of Elizabeth Parker of Boston, ~ mother of Margaret Parker (House, No. 2794, amended), — ought to pass, with an amendment striking out (in the words inserted by amendment by the House after the word "commonwealth.", in line 8), the words "five hundred" and inserting in place thereof the words "one thousand". The rules were suspended, on motion of Mr. Dolan, and the resolve was read a second time, amended as recommended by the said committee, read a third time and passed to be engrossed, in concurrence, with the amendment, which was sent down for concurrence.

Occupational ]\/[r_ Curtis, for the same committee, reported that the House directors." Bill authorizing the appointment of directors of occupational guidance and placement in towns and of a supervisor of such directors in the Department of Education (House, No. 2670, amended), ought to pass. The rules were suspended, on motion of the same Senator, and the bill was read a second time and a third time. Mr. Holmes, for the committee on Bills in the Third Reading, reported, asking to be discharged from the further consideration thereof. The report was accepted. The bill was then passed to be engrossed, in concurrence.

Voting Hats, Mr. Curtis, for the committee on Ways and Means, to which 7eri<io^a was referred the House Bill repealing an act providing for State prtoa?y'and _ wide verification of voting lists (House, No. 720); and the House fivesZation. Resolve providing for an investigation by a special commission of the laws relating to primaries and elections with a view to their revision and improvement and for the publication of reports of election cases (House, No. 2747, amended), — reported that the bill ought to pass, with an amendment substituting a new draft entitled "Resolve providing for an investigation by a special commission of the laws relating to primaries and elections, with a view to their revision and improvement, the publication of reports of election cases, and related matters' ' (Senate, No. 765). The rules were suspended, on motion of the same Senator, and the bill was read a second time and was amended, as recommended by said committee. The bill, as amended by the substitution of the resolve (Senate, No 765), was then ordered to a third reading and read a third time, and was amended, on motion of Mr. Blanchard, by striking out, in line 29, the word "five" and inserting in place thereof the word "fifteen". The resolve (Senate, No. 765, amended) was then passed to be engrossed. Sent down for concurrence.

Property held Mr. Curtis, for the same committee, to which was recommitted p^-stSdT. the House Resolve providing for an investigation by a special commission relative to certain problems arising from the holding of property in the Commonwealth for public purposes (House, No 2731); and to which was referred the House Bill providing for the reimbursement by the Commonwealth of municipalities for the loss of taxes on land (House, No. 1513), - reported that the resolve ought to pass, with an amendment inserting after tne word "forty", in line 21, the words "fifteen hundred and thirteen . The rules were suspended, on motion of the same Senator, ana the resolve was considered forthwith, amended as recommended by the said committee, read a third time and passed to be engrossed, in concurrence, with the amendment, which was sent down for concurrence, its title having been changed by the committee on Bills in the Third Reading so as to read as follows: — "Resolve providing for an investigation by a special unpaid commission relative to certain problems arising from the holding of property in the Commonwealth for public purposes". Mr. Lee, for the committee on Insurance, reported that the Mutual insur- recommitted Senate Bill requiring that certain mutual insurance e^p*™, companies deposit their guaranty capital with the State Treasurer capital. y (printed as House, No. 100), — ought to pass, with an amendment subsituting therefor a new draft with the same title (Senate, No. 764). The rules were suspended, on motion of the same Senator, and the bill was considered forthwith and was amended, as recommended by the said committee, by substituting the new draft. The bill, as amended by the substitution of the new draft (Sen- ate, No. 764), was then ordered to a third reading, read a third time and passed to be engrossed. Sent down for concurrence.

Mr. Miles, for the committee on Municipal Finance, reported Boylston, — that the House Bill authorizing the town of Boylston to supply water supply. itself and its inhabitants with water (House, No. 2606), — ought NOT to pass. Read, and the bill placed in the Orders of the Day for the next session, the question being on rejecting it.

Motion to Reconsider.

Mr. Curtis moved that the Senate reconsider the vote by which, County tuber- at the preceding session, it had passed to be engrossed, in concur- culosis hospitals, — rence, the House Bill fixing the charges for the support of patients charges, etc. at county tuberculosis hospitals during the years nineteen hundred and forty-one to nineteen hundred and forty-three, inclusive, and providing for an investigation by a special commission relative to the cost of and admissions to such hospitals (House, No. 2607, amended); and this motion was negatived, by a vote of 10 to 10.

Orders Adopted. On motions of Mr. Holmes, — Ordered, That when the Senate adjourns today it adjourn to Senate, - next meet on Tuesday next at a quarter before ten o'clock A.M. 8E88IOD- Ordered, That Senate Rule No. 7 be suspended with reference senate Rule to the next session. No. 7.

PAPERS FROM THE HOUSE.

A Bill making certain changes in existing laws in connection Fiscal year with the proposed change in the fiscal year of the Commonwealth of Common- wealth, — (printed in House, No. 2826), —was read and, under the rule, change. referred to the committee on Ways and Means.

A Bill to meet certain contingencies arising in connection with National the service of public officers and employees and certain other per- emergency, — persons serving sons in the or naval forces. military or naval forces of the United States during the present national emergency (House, No. 2829, — new draft of Senate Bill No. 655, amended; and on the Governor's Address, Senate, No. 1, in part; the petition of Mason Sears, accompanied by bill, Senate, No. 17; the petition of the Department of Massachu- setts, Veterans of Foreign Wars, by Henry V. O'Day, adjutant, accompanied by bill, Senate, No. 51; the special report of the Gov- ernor's committee on Public Safety, Senate, No. 625, in part; the recommendations of the Commissioners of Civil Service, House, No. 14, in part, see House, No. 20; the petition of Michael J. Con- way, accompanied by bill, House, No. 277; the petition of John E. Troy, Jr., accompanied by bill, House, No. 319; the petition of Otis M. Whitney, accompanied by bill, House, No. 320; the petition of Paul J. McCarty, accompanied by bill, House, No. 385; the petition of Albert Cole, mayor of Lynn, accompanied by bill, House, No. 466; the petition of Edward A. McCarthy, accompanied by bill, House, No. 1663; the petition of the National Guard Association of Massachusetts, accompanied by bill, House, No. 1698; the petition of Charles H. Cooke, accompanied by bill, House, No. 2233; and the petition of William R. Gilman, accompanied by bill, House, No. 2388), — was read and, under the rule, referred to the committee on Ways and Means. Subsequently, Mr. Hollis, for the said committee, reported that the bill ought to pass. The rules were suspended, on motion of the same Senator, and the bill was read a second time and a third time and passed to be engrossed, in concurrence. Hingham Bay, A Bill authorizing the United States of America to build a bridge Hogrisfaend°to without a draw in and over the tidewaters of Hingham Bay from mamknd jj0g lsland to the mainland in the town of Hull (printed in House, No. 2833), — was read and, under the rule, referred to the committee on Ways and Means. Subsequently, Mr. Hollis, for the said committee, reported that the bill ought to pass. The rules were suspended, on motion of Mr. Holmes, and the bill was read a second time and a third time and passed to be engrossed, in concurrence. Trade^regu- A Resolve to investigate the regulation of trade and certain investigation, enterprises to assure the collection of taxes due the Common- wealth (House, No. 2839,— on the petition of the Associated Greater Boston Tobacco Retailers, Inc., accompanied by bill, House, No. 2838), — was read and, under the rule, referred to the committee on Ways and Means. DrfonsepubUc a Bill authorizing counties, cities, towns and districts to co- operation 'with operate with the federal government in relation to defense public ernment°v~ works (House, No. 2827, changed, — on the petition of Peter J. Jordan), — was read. The rules were suspended, on motion of Mr. Krapf, and the bill was read a second time and a third time and passed to be engrossed, in concurrence.

Probation The Senate Bill providing for probation officers to act exclusively invenTie"cases. in juvenile cases in certain district courts (Senate, No. 681),- came up, with the endorsement that the House had insisted on its amendments, in which the Senate had non-concurred. On motions of Mr. Mackay, the Senate insisted on non-concur- Committee of rence in the House amendments; and asked for a committee of couferenoe- conference on the disagreeing votes of the two branches. Senators Mackay, Coolidge and Grant were appointed the committee on the part of the Senate; and the bill was returned to the House endorsed accordingly. Subsequently, the bill came up, with the endorsement that the House had concurred in the appointment of a committee of conference; and that Representatives Priest of Haverhill, Patrick of Newton and White of Fall River had been joined. Subsequently, Mr. Mackay, for the said committee, reported, recommending that the Senate recede from its non-concurrence in the House amendment in section 1, striking out subsection 83A, in lines 5 to 43, inclusive, and concur therein with a further amendment striking out subsection 83A (inserted by amendment by the House) and inserting in place thereof the following: — "Section 83A. Such district courts within the same county as may be designated by the administrative committee of the district courts may join in the appointment of one or two full-time probation officers to act exclusively in juvenile cases in the courts so joining. Each such probation officer shall be appointed by the justices of the courts so joining, with the written approval of said administrative committee, which committee shall consult the board of probation relative thereto; provided, that if a majority of said justices fails to agree in the selection of a person for appointment as such probation officer within a period of thirty days after such designation by said administrative committee, such appointment shall be made by said administrative committee, which committee shall consult said board of probation relative thereto. Each officer appointed under this section shall be removable for cause by the justices of the courts for which such appointment was made; provided that no such officer shall be removed or discharged from office unless such removal or discharge shall be approved in writing by said administrative committee after con- sultation with said board of probation relative thereto. The justices of the courts for which a probation officer is appointed under this section shall, subject to the approval of the county commissioners, fix the compensation of such officer. The provisions of law applicable to probation officers appointed under section eighty-three shall, so far as they may be pertinent and not inconsistent herewith, apply to probation officers appointed hereunder. In any case in which he acts, a probation officer appointed hereunder shall be deemed to be a probation officer of the court in which the case is pending and such court shall be deemed to be the court by which he is appointed."; and that the House concur in the further amendment; and that the Senate recede from its non-concurrence in the House amendment striking out section 2, and concur therein. The rule was suspended, on motion of the same Senator, and the report was considered forthwith; and it was accepted. Sent down for concurrence. Millville Municipal A Report of the joint committee on Ways and Means, no legis- Finance Com- lation necessary, on the fifth special report of the Millville Mu- mission, — fifth report. nicipal Finance Commission relative to the finances and to the future of the town of Millville (House, No. 2380), — was read. The rule was suspended, on motion of Mr. Hollis, and the report was considered forthwith; and was accepted, in concurrence. Boston- Notice was received that the House Bill authorizing the laying Chelsea, — high level out and constructing of a high level bridge over the Mystic River bridge. and related highway improvements in the cities of Boston and Chelsea and the removal of the Chelsea North Bridge (printed in Senate, No. 746) (substituted for a House Report of the committee on Highways and Motor Vehicles, "reference to the next General Court," on the special report of the Division of Metropolitan Planning), — had been rejected by the House; That the following House bills severally had been referred by the House to the next General Court: — Horse and Bill increasing the tax imposed by the Commonwealth on dog racing, taxation. amounts wagered at horse and dog racing meetings conducted under the pari-mutuel or certificate system of wagering (duplicate of House, No. 924) (substituted for a House Report of the committee on Taxation, "reference to the next General Court," on the petition of John L. Feeney, accompanied by bill, Senate, No.142); Id. Bill imposing a tax on admissions to horse and dog racing meetings, the proceeds of which are payable to the Commonwealth (House, No. 1859) (substituted for a House Report of the committee on Taxation, "reference to the next General Court," on the petition of Lawrence H. Davis and another); Id. Bill increasing the tax imposed by the Commonwealth on amounts wagered at horse racing meetings conducted under the pari-mutuel system of wagering (House, No. 2020) (substituted for a House Report of the committee on Taxation, "reference to the next General Court," on the petition of Patrick Gilbert Sul- livan); and High schools, Bill requiring the teaching of modern languages in certain pub- — teaching of modem lic high schools in certain cases (House, No. 2717) (new draft of languages. House bills substituted for House Reports of the committee on Education, "leave to withdraw," on the petition of Charles Mc- Caffrey and another, accompanied by bill, House, No. 200; and the petition of Michael J. Conway, accompanied by bill, House, No. 327); and Lynn and That the engrossed Bill authorizing the appointment in the Marlborough, — reserve cities of Lynn and Marlborough of additional temporary reserve police. police during the period of the national emergency (see House, No. 2635, amended), having been returned to the House by His Excel- lency the Governor with his objections thereto in writing (House, No. 2835), — had failed to pass.

Bill Returned by Governor with Recommendation of Amendment. Message from The engrossed Bill placing the positions of maintenance men Governor, — maintenance in the Department of Public Works under the civil service laws n h e (see House, No. 2492, changed and amended), — having been re- ^c ^ 0 rkB turned to the House by His Excellency the Governor, in accord- Department, ance with the provisions of Article LVI of the Amendments to the Constitution, with a recommendation of amendment (see House, No. 2837), — came up, amended by striking out all after the enacting clause, and inserting in place thereof the following: — "SECTION 1. Section four of chapter thirty-one of the General Laws, as amended, is hereby further amended by adding at the end the following new paragraph: — The labor service of the state department of public works. "SECTION 2. The persons performing the duties of superintendent and assistant superintendent of the D street garage on the effective date of the act shall continue to be employed in the positions of superintendent and assistant superintendent, respectively, subject to chapter thirty-one of the General Laws. "SECTION 3. Chapter three hundred and twenty-seven of the acts of nineteen hundred and thirty-five is hereby amended by striking out, in the twelfth to the fourteenth lines, inclusive, the words 'said appointments not being subject to chapter thirty- one of the General Laws, as appearing in the Tercentenary Edi- tion,'— so as to read as follows: — All the powers, duties and obligations granted and imposed by sections one to twelve, inclusive, of chapter eight of the General Laws, as appearing in the Tercentenary Edition or as subsequently amended, upon the superintendent of buildings in so far as they relate to the office building known as the Public Works building on Nashua street in the city of Boston, are hereby transferred to and vested in the commissioner of public works, who shall have charge of the care and operation of said building, including the repair thereof and improvements thereto and the appointment of such employees as may be necessary to enable him to perform his duties; except- ing only that the superintendent of buildings may, under the supervision of the governor and council, assign rooms in said office building, and may determine the occupancy thereof in such manner as the public service may require. "SECTION 4. Chapter thirty-one of the General Laws is hereby amended by inserting after section eighteen, as appearing in the Tercentenary Edition, the following new section: — Section 18A. Persons certified to fill positions in the labor service of the state department of public works shall be certified according to districts, to be established by the state department of public works. "SECTION 5. Chapter thirty-one of the General Laws, so far as it applies to positions in the labor service of the state department of public works, shall apply to districts as set up by the state department of public works, and not to the department as a whole. "SECTION 6. The persons holding, on July first of the current year, positions in the department of public works referred to in section one of this act may continue to serve in such positions without examination or re-appointment"; and By striking out the title and inserting in place thereof the following:— "An Act placing certain positions in the Department of Public Works under the civil service laws". Senate Rule No. 36 was suspended, on motion of Mr. Haley, and the amendments (as changed by the committee on Bills in the Third Reading) were considered forthwith; and were adopted, in concurrence. Emergency Preambles Adopted. State milk An engrossed Bill incorporating the State milk control law as control law. an addition to the General Laws (see House, No. 2728, amended), — was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amend- ments to the Constitution, the preamble was adopted, in concurrence, by a vote of 22 to 1. Department of Public An engrossed Bill granting certain powers to the Department of Health, — sal Public Health in order to permit fuller co-operation in any national of antitoxin. defense program (see Senate Bill printed in House, No. 2773),— was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amend- ments to the Constitution, the preamble was adopted, in concurrence, by a vote of 15 to 0. Policemen, — An engrossed Bill relative to appointments to the regular police reguiar^forcesforce in certain cities and towns (see House, No. 2802, amended), — was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted, in concurrence, by a vote of 13 to 0. Members of An engrossed Bill relative to payment of the compensation of General Court, — compensa- members of the General Court (see House, No. 2828), — was laid tion. before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted, in concurrence, by a vote of 14 to 0. The bills were severally signed by the President and sent down for enactment. Engrossed Bills and Resolves. The following engrossed bills (all of which originated in the House) were severally passed to be re-enacted and were signed by the President and laid before the Governor for his approbation, to wit: — Division of Child Relative to the disposition of certain unclaimed moneys held Guardianship, by the Division of Child Guardianship for the benefit of certain — unclaimed moneys. wards thereof (see House, No. 1488, amended); Firemen, — Further regulating the hours of duty of permanent members hours of labor. of fire departments in certain cities and towns (see House, No. 2335, amended); Institution employees, — Establishing a forty-eight hour week for certain employees ol forty-eight institutions of certain cities and towns (see House, No. 2337, hour week. amended); . Police, — one Relative to the granting of one day off in every six.daystor day off in six. police officers of certain cities and towns (see House, No. 2SM, amended); and Placing certain positions in the Department of Public Works ^emmce nnder the civil service laws (see House, No. 2492, changed and Department of , .. Public Work9, amended). — civil service. to r h les An engrossed Bill regulating the operation in this Commonwealth M°d t raXfe « of motor vehicles and trailers owned by certain non-residents (see —operationby Senate, No. 755) (which originated in the House), —was passed non-residents, to be enacted and was signed by the President and laid before the Governor for his approbation. Subsequently, on motion of Mr. MacDonald, it was voted that a message be sent to His Excellency the Governor requesting the return of said bill to the Senate. Mr. MacDonald was appointed the messenger. Subsequently, the bill was returned. The following engrossed bills (the first five of which originated in the Senate) were severally passed to be enacted, to wit: — Placing under civil service certain employees of the State Farm; J^_iaid Granting certain powers to the Department of Public Health Governor, in order to permit fuller co-operation in any national defense program; Requiring treasurers of benefit associations and insurance companies to furnish certain information, upon demand therefor, to boards of public welfare; Providing for the payment of wages or salaries to public employees in certain cases where compensation for total incapacity is payable under the workmen's compensation law, so called; Providing for the maintenance, during the years nineteen hundred and forty-one and nineteen hundred and forty-two, by the Metropolitan District Commission of the bathhouse at Gerry's Landing in the city of Cambridge; Relative to the supervision of certain infants in boarding houses; Repealing the law providing for adjustment of veterans' tax exemptions; Relative to the Henry O. Peabody School for Girls, at Norwood, Massachusetts; Relative to payment of the compensation of members of the General Court; Incorporating the State milk control law as an addition to the General Laws; Relative to appointments to the regular police force in certain cities and towns; Providing for the payment of a certain sum of money to Verna K. Draber of Bourne; To provide for the maintenance and operation of the State teachers college at Westfield; Relative to the hours of labor of women and children employed in certain positions in hospitals; Relative to the registration of hairdressers and the regulation of the occupation of hairdressing; To provide for the employment of partially disabled public employees and the temporary filling of their original positions; To further regulate the dealing in and transportation of bovine animals and to prevent the spread of disease among such animals; before*1 Relative to the services and compensation of members of the Governor. Board of Review in the Division of Unemployment Compensation; To provide reciprocity respecting property received by tax exempt institutions in Massachusetts by non-resident decedents; Relative to the water supply of the Williamstown Water Com- pany, and its purchase and operation by the town of Williams- town; Authorizing the conveyance by the Commonwealth to the inhabitants of Provincetown of a certain parcel of land situated in said town; Authorizing the construction by the Department of Public Works of a high level bridge over the Annisquam River in the city of Gloucester; Increasing the minimum and maximum amounts of weekly compensation to be paid for total incapacity under the workmen's compensation law; To require the licensing and supervision by the Division of Insurance of organizations engaged in servicing or settling personal injury accidents or claims of employees; Relative to the laying out, widening and relocation of certain streets and ways in the town of Marshfield and the taking of land sufficient for suitable building lots on both sides of such streets and ways; Changing the name of the Board of Registration of Nurses, increasing the number and compensation of its members, providing for the licensing of attendants and establishing an approving authority for schools for nurses and schools for attendants; and Fixing the charges for the support of patients at county tuberculosis hospitals during the years nineteen hundred and forty-one to nineteen hundred and forty-three, inclusive, and providing for an investigation by a special commission relative to the cost of and admissions to such hospitals. The following engrossed resolves (the first of which originated in the Senate) were severally passed and, with the above-named bills, were signed by the President and laid before the Governor for his approbation, to wit: — iaid°bofore Reviving and continuing the special commission appointed to Governor. investigate and study relative to appropriating and budget procedure in the city of Boston and the county of Suffolk; Relative to certain harbor and waterway improvements; Providing for an investigation and study by a special commission relative to junior colleges; Relative to sundry accounts of the Board of Registration of Hairdressers with the Commonwealth; Providing for the payment from the State treasury of the bal- ance of the estate of the late Mabel Gillespie, which has escheated to the Commonwealth; Providing for an investigation and study by a special commission relative to certain practices in the fish industry, relative to the transportation of fish and other food stuffs on Sundays, and relative to the rendering of common carrier service to the public and the operation and maintenance of terminal facilities by rail- roads and others on Sundays; and Providing for a study and investigation by a special unpaid commission relative to what legislation, if any, may be advisable in order to require the owners of tenements and other dwellings leased or rented for human habitation to bring them up to certain standards to promote the health and well being of persons residing therein and relative to limited dividend corporations under the control of the State Housing Board.

Orders of the Day. The Orders of the Day were taken up. The Senate refused to reconsider the vote by which, at the pre- go^nd.,-- ceding session, it had passed to be engrossed the Senate Bill with respect to the classification and taxation of forest lands and forest products (Senate, No. 763). The unfinished business, i.e., — the House Bill to enable certain Mutual mutual insurance companies to issue policies without contingent _ liability (House, No. 2832), — was considered, the main question being on ordering it to a third reading. liability. The question on adopting the amendment previously recommended by the committee on Ways and Means, to substitute a "Resolve providing for an investigation by a special commission relative to the advisability of allowing'Massachusetts mutual insurance companies to issue non-assessable policies" (printed as House, No. 2716), —was determined by a call of the yeas and nays, as follows, to wit: —

YEAS. Babcock, Frank D. Lundgren, Harold R. Coolidge, Arthur W. MacDonald, Donald A. Curtis, Laurence Nicholson, Donald W. Gunn, James A. Petersen, Tycho M. Hogan, Charles V. Richardson, Harris S. Hollis, Arthur W. Sullivan, Leo J. — 13. Lee, Robert L.

NAYS. Bowers, Richard S. Ivrapf, George W. Brackman, David M. Lane, Thomas J. Casey, P. Eugene Mackay, John D. Connors, Louis B. Miles, Charles G. Dolan, Chester A., Jr. Montminy, Joseph F. Francis, Joseph F. Murphy, Joseph L. Giroux, Eugene H. Nolen, William E. Haley, Cornelius F. Stanton, George W. Harrington, Joseph B. Sullivan, Bernard L. Holmes, Newland H. Sullivan, Charles F. Jeff —20.

PAIRED. YEAS. NAYS. Mason Sears, Charles W. Olson (present). Jarvis Hunt, Arthur F. Blanchard (present). Thomas H. Johnston (present), William P. Grant —6.

So the amendment was rejected. The bill was then ordered to a third reading. Cashier in Attorney The motion that the Senate reconsider the vote by which, at a General's previous session, it had ordered to a third reading the House Bill office. abolishing the office of cashier in the Department of the Attorney General (House, No. 2781), — was considered; and, on motion of Mr. Nicholson, the further consideration thereof was postponed until the remaining matters passed for consideration in the Orders of the Day had been disposed of. Firemen, — The engrossed Bill further regulating the hours of duty of perma- hours of labor. nent members of fire departments in certain cities and towns (see House, No. 2335, amended), — was considered; and the Senate rejected the pending amendment, previously moved by Mr. Hunt (as previously had been recommended by His Excellency the Governor). The bill was returned to the House for its action. Institution employees, — The engrossed Bill establishing a forty-eight hour week for cer- forty-eight tain employees of institutions of certain cities and towns (see hour week. House, No. 2337, amended), — was considered; and the Senate rejected the pending amendments, previously moved by Mr. Hunt. The bill was returned to the House for its action. Police officers, — one day The engrossed Bill relative to the granting of one day off in off in six. every six days for police officers of certain cities and towns (see House, No. 2383, amended), — was considered; and the Senate rejected the pending amendment, previously moved by Mr. Hunt (as previously had been recommended by His Excellency the Governor). The bill was returned to the House for its action. The Boston Terminal The Senate Bill relative to the Boston Terminal Company, the Company. assessment of its real estate, and the payment of taxes thereon (printed as House, No. 2719), — was ordered to a third reading. The rules were suspended, on motion of Mr. Miles, and the bill was read a third time and passed to be engrossed. Sent down for concurrence. William H. Pratt, — claim. The Senate Resolve providing for an annuity for William H. Pratt of Marshfield, a former member of the State Police (Senate, No. 573), — was read a second time and ordered to a third reading. The rules were suspended, on motion of Mr. Holmes, and the resolve was read a third time and passed to be engrossed. Sent down for concurrence. Veto, — The engrossed Bill further regulating the hours of labor of cer- minors work- ing in bowling tain minors in bowling alleys during certain months (see Senate, alleys. No. 731, changed and amended), — was considered; and the question on passing the bill, the objections of His Excellency the Gov- ernor to the contrary notwithstanding, was determined by a call of the yeas and nays, as provided by the Constitution, as follows, to wit: —

YEAS. Connors, Louis B. Nicholson, Donald W. Dolan, Chester A., Jr. Nolen, William E. Francis, Joseph F. Olson, Charles W. Haley, Cornelius F. Stanton, George W. Lee, Robert L. Sullivan, Bernard L. Miles, Charles G. Sullivan, Charles F. Jeff Murphy, Joseph L. Sullivan, Leo J. — 14. NAYS. Babcock, Frank D. Hollis, Arthur W. Blanchard, Arthur F. Holmes, Newland H. Bowers, Richard S. Johnston, Thomas 11. Brackman, David M. Krapf, George \Y. Casey, P. Eugene Lane, Thomas J. Coolidge, Arthur W. MacDonald, Donald A. Curtis, Laurence Mackay, John D. Giroux, Eugene H. Montminy, Joseph F. Goodwin, Angier L. Petersen, Tj'cho M. Gunn, James A. Richardson, Harris S. — 21. Hogan, Charles V.

PAIRED YEA. NAY. Harold R. Lundgren (present), Jarvis Hunt — 2.

ABSENT OR NOT VOTING. Grant, William P. Sears, Mason — 3. Harrington, Joseph B.

So the bill failed to pass, two-thirds of the Senate not having agreed to pass the same. The Senate Bill providing that certain examiners and investi- Motor vehicle gators appointed by the Registrar of Motor Vehicles and assigned -s£Sformset°" to duty on the public ways shall be furnished with and wear uni- forms while performing such duty (Senate, No. 674), — was considered; and, by a vote of 18 to 7, it was rejected, as previously had been recommended by the committee on Ways and Means. The House Bill further establishing the basis of apportionment of State and State and county taxes (House, No. 2517), — was read a second - b^L^fTp- time and ordered to a third reading. The rules were suspended, p°rtionment. on motion of Mr. Johnston, and the bill was read a third time and passed to be engrossed, in concurrence. The House Bill providing for the reimbursement by the Com- Towns near monwealth of certain towns for loss of taxes on land at the Bed- Alport! - burse ford Airport, so called, and providing for the taxation of so much ™™t ~ of the property at said airport as is used or occupied for other than a public purpose (House, No. 2518), — was read a second time and was amended, as previously had been recommended by the committee on Ways and Means, as follows: — In section 1, by striking out, in line 2, the word "property" and inserting in place thereof the word "land"; By striking out section 2; and In the title, by striking out the words ", and providing for the taxation of so much of the property at said airport as is used or occupied for other than a public purpose". The bill, as amended, was then ordered to a third reading. The rules were suspended, on motion of Mr. Curtis, and the bill was read a third time and passed to be engrossed, in concurrence, with the amendments, which were sent down for concurrence. The House Bill relative to unauthorized insurance (House, No. Unauthorized 2804), — was read a second time and was amended, as previously lnsurance- had been recommended by the committee on Ways and Means, as follows: — In section 2, by inserting before the word "business", in line 22, the word "insurance"; by striking out, in line 51, the words "in a state in which" and inserting in place thereof the word "where"; and by adding the following: — "nor shall it prohibit the alteration, conversion, exchange, continuance, renewal, revision or re- instatement of any policy or contract of insurance or annuity or pure endowment contract made prior to August one, nineteen hundred and forty-one"; and By striking out section 4. The Senate then refused to order the bill, as amended, to a third reading. Industries, — The House Resolve providing that the Commissioner of Cor- valuation, etc. porations and Taxation confer with local assessors in respect to valuations of plant and equipment erected or employed by industries in connection with the federal defense program and give consideration to the temporary character of such plant and equipment in connection with taxes (House, No. 2365, amended), — was read a second time and ordered to a third reading. The rules were suspended, on motion of Mr. Richardson, and the resolve was read a third time and passed to be engrossed, in concurrence. Recess. There being no objection, at twenty-one minutes past one o'clock P.M., the President declared a recess; and at twenty minutes past two o'clock P.M. the Senate re-assembled (Mr. Holmes being in the Chair).

Soldiers' The House Bill making certain persons eligible for admission to Home in Massachusetts, and treatment at the Soldiers' Home in Massachusetts (House, — admission of patients. No. 2647), — was considered; and, pending the question on rejecting it, as previously had been recommended by the committee on Ways and Means, the further consideration thereof was postponed, on motion of Mr. Hollis, until the remaining matters passed for consideration in the Orders of the Day had been disposed of. Old age The House Bill providing for an increase in the minimum rate assistance. of assistance to be paid under the old age assistance law, so called, making certain other changes in said law, and establishing an old age assistance fund (House, No. 2806, amended), — was considered; and the Senate refused to reject it, as previously had been recommended by the committee on Ways and Means. The rules were suspended, on motion of Mr. Holmes (the Presi- dent having taken the Chair), and the bill was read a second time. Mr. Harrington moved that the bill be amended by striking out section 9, and inserting in place thereof the following new section: — "SECTION 9. There is hereby imposed, in addition to the taxes levied under the provisions of section nine of chapter three hundred and seven of the acts of nineteen hundred and thirty- three, as amended, and taxes levied under the provisions of sections thirty to sixty of chapter sixty-three of the General Laws, an additional tax equal to seven and one-half per cent of the taxes assessed under the provisions of said sections. All taxes provided by this section shall be paid into the old age assistance fund established under section eleven of chapter one hundred and eighteen A."; and the question on this amendment was determined by a call of the yeas and nays, as follows, to wit: —

YEAS. Brackman, David M. Lane, Thomas J. Casey, P. Eugene Lee, Robert L. Connors, Louis B. Nolen, William E. Dolan, Chester A., Jr. Olson, Charles W. Giroux, Eugene H. Stanton, George W. Grant, William P. Sullivan, Bernard L. Harrington, Joseph B. Sullivan, Charles F. Jeff Hogan, Charles V. Sullivan, Leo .T. — 17. Ivrapf, George W.

NAYS. Babcock, Frank D. Johnston, Thomas H. Blanchard, Arthur F. Lundgren, Harold R. Bowers, Richard S. MacDonald, Donald A. Coolidge, Arthur W. Mackay, John D. Curtis, Laurence Miles, Charles G. Francis, Joseph F. Montminy, Joseph F. Gunn, James A. Nicholson, Donald W. Haley, Cornelius F. Petersen, Tycho M. Hollis, Arthur W. Richardson, Harris S. — 19. Holmes, Newland H.

PAIRED. YEA. NAY. Joseph L. Murphy (present), Jarvis Hunt — 2.

ABSENT OR NOT VOTING. Sears, Mason—-1.

So the amendment was rejected. Mr. Connors moved that the bill be amended in section 2, by striking out the following:—"Local bureaus of old age assistance shall, through their authorized agents, bring a complaint in a district court under sections twenty to twenty-two, inclusive, of chapter two hundred and seventy-three, against a child for fail- ure to provide the support that said bureau, or the department on appealed cases, determines said child should provide for his parent or parents." (inserted by amendment by the House, after the word "person", in line 28); and inserting in place thereof the following: — ", but no action shall be brought under sections twenty to twenty-two, inclusive, of chapter two hundred and seventy- three by a board of public welfare in connection with the granting of assistance under this chapter except with the written approval of the department" (stricken out by amendment by the House, in lines 28 to 33, inclusive); and this amendment was rejected, by a vote of 8 to 13. The same Senator moved that the bill be amended in section 9, by striking out, in the words inserted by amendment by the House, in line 4, the word "one" and inserting in place thereof the word "two"; and this amendment was rejected. Mr. Connors moved that the bill be amended by inserting after section 2, the following new section: — "SECTION 2A. Section two of chapter one hundred and eighteen A of the General Laws as amended by section two of chapter four hundred and forty of the acts of nineteen hundred and thirty-seven, is hereby further amended by striking out the first sentence and inserting in place thereof the following: — Each city and town shall establish a bureau of old age assistance to perform its duties under this chapter No member or agent of the department or board of public welfare shall be the agent or disbursing officer of said bureau, but this shall not prevent selectmen who are also overseers of the poor from acting in their capacity as selectmen or through an agent appointed by the selectmen who is not an agent of the overseers of the poor. The quarters of said board shall be separate from those of the department or board of public welfare."; and the question on this amendment was determined by a call of the yeas and nays, as follows, to wit: —

YEAS. Casey, P. Eugene Lee, Robert L. Connors, Louis B. Murphy, Joseph L. Dolan, Chester A., Jr. Nolen, William E. Giroux, Eugene H. Stanton, George W. Grant, William P. Sullivan, Bernard L. Harrington, Joseph B. Sullivan, Charles F. Jeff Hogan, Charles V. Sullivan, Leo J. — 15. Lane, Thomas J.

NAYS. Babcock, Frank D. Johnston, Thomas H. Blanchard, Arthur F. Krapf, George W. Bowers, Richard S. Lundgren, Harold R. Brackman, David M. MacDonald, Donald A. Coolidge, Arthur W. Mackay, John D. Curtis, Laurence Miles, Charles G. Francis, Joseph F. Montminy, Joseph F. Gunn, James A. Nicholson, Donald W. Haley, Cornelius F. Olson, Charles W. Hollis, Arthur W. Petersen, Tycho M. Holmes, Newland H. Richardson, Harris S. — 22.

ABSENT OR NOT VOTING. Hunt, Jarvis Sears, Mason — 2.

So the amendment was rejected. Mr. Connors moved that the bill be amended by inserting after section 2, the following new section: — "SECTION 3. Said chapter one hundred and eighteen A is hereby further amended by inserting after said section two the following new section: — Sec- tion 2A. In determining the resources of an aged person under section two the following schedule relative to the financial ability of children to support or help to support their parents shall be followed: — 1. A child shall not be required to contribute to the support of such aged person if the annual income of such child is not in excess of one thousand dollars or in excess of the equivalent of one thousand dollars; provided, however, that when children are living at home with their parents they shall be required to pay for board and room at the prevailing rate in the locality where they live and the same may be considered in estimating the budget of the family. 2. A married son living apart from his parents and whose wife has no separate income of her own shall not be required to contribute if his annual income is not in excess of fifteen hundred dollars or in excess of the equivalent of fifteen hundred dollars, and, in addition thereto, he shall be exempt on five hundred dollars for each child under eighteen years of age if such child is fully depending upon him for support. 3. A married daughter living apart from her parents shall not be required to contribute if she has no separate income of her own."; and this amendment was rejected. On motion of Mr. Bowers, the bill was amended by inserting after section 2, the following section (stricken out by amendment by the House): — "SECTION 3. Said chapter one hundred and eighteen A is hereby further amended by inserting after said section two the following new section: — Section 2A. In determining the resources of an aged person under section two the following schedule relative to the financial ability to support by a child of such person shall be followed:— 1. If such child is married and living with his or her spouse and one minor son or daughter but living apart from the aged person, such child shall not be required to contribute to the support of such aged person unless such child is in receipt of income in excess of two thousand dollars annually or in excess of the equivalent of two thousand dollars annually. 2. If such child is married and living with his or her spouse and two minor sons or daughters but living apart from the aged person, such child shall not be required to contribute to the support of such aged person unless such child is in receipt of income in excess of twenty-five hundred dollars annually or in excess of the equivalent of twenty-five hundred dollars annually. 3. If such child is married and living with his or her spouse and three minor sons or daughters but living apart from the aged person, such child shall not be required to contribute to the support of such aged person unless such child is in receipt of income in excess of three thousand dollars annually or in excess of the equivalent of three thousand dollars annually. 4. In any case where the income of such a child is between two thousand and three thousand dollars annually, in money or its equivalent, any unusual circumstance within the immediate family shall be considered with a view to determining whether such circumstances justify an exemption from the general rule relative to persons coming within such class. 5. If a child of such an aged person is in receipt of an annual income in excess of three thousand dollars, in money or its equivalent, whether or not such child shall be required to contribute to the support of the aged person shall be determined in each instance upon the merits of that particular case. 6. No un- married child of such an aged person, living apart from such aged person and in receipt of an annual income not in excess of one thousand dollars, in money or its equivalent, shall be required to contribute to the support of such aged person." Mr. Harrington moved that the bill be amended by striking out section 9, and inserting in place thereof the following: — "SECTION 9. Every male inhabitant between twenty-one and sixty-five years of age shall be taxed three dollars per annum, the same to be added to the annual poll tax bill and described thereon as 'Tax for Old Age Assistance'. Said tax shall be collected by the local tax collector and turned over to the old age assistance fund established under section eleven of chapter one hundred and eighteen A."; and this amendment was rejected, by a vote of 7 to 12. Mr. Francis moved that the bill be amended by striking out section 9, and inserting in place thereof the following: — "SECTION 9. Beginning with the year nineteen hundred and forty-two, an old age assistance tax of two dollars shall be assessed on every inhabitant of the commonwealth above the age of twenty, whether a citizen of the United States or an alien. A statement of the purpose of such tax shall appear on the face of the tax bill. In each year, the assessors shall, within a reasonable time after the receipt by them of the lists of persons as provided in section four of chapter fifty-one of the General Laws, assess the old age assistance taxes of all persons whose names are contained in said lists and deliver to the collector of taxes tax lists containing the names and addresses of all persons so assessed and the amount of the respective taxes thereon. The assessors shall also deliver to the collector their warrants in the customary form for the collection forthwith of all old age assistance taxes contained in said lists; but no such list or warrant shall be issued to any collector until, conformably to law, he has given bond and has otherwise qualified himself for the performance of his duties. Old age assistance taxes so committed to the collector shall be subject to the laws relating to poll taxes committed by warrant under section fifty-three of chapter fifty-nine of the General Laws. Old age assistance taxes assessed hereunder may, in the case of those assessed on male inhabitants, be assessed separately as of January first and billed separately, or be assessed and billed by inclusion with poll taxes assessed under section four of chapter sixty of the General Laws. A collector of taxes receiving from the assessors lists and warrants under this section shall forthwith proceed to collect the old age assistance taxes from the persons entered on such lists. Except as otherwise provided, all laws relating to the collection of taxes, to the duties and powers of collectors, to money collected as taxes, interest, charges and fees, to the accounting for and turning over of money so collected, and to the crediting thereof to the collector, shall apply to the collection of old age assistance taxes from the persons whose names appear on such lists. Assessors shall, in each year, on or before July first certify to the commissioner of corporations and taxation, hereinafter called the commissioner, in such form and detail as he may require, the total number of old age assistance taxes assessed by them under this section and committed for collection in the then current year, and the commissioner thereupon, but not later than August first, shall assess and levy upon each city and town a special state tax on account of the inhabitants therein taxable under this section, at the rate of two dollars for each inhabitant so taxable. Such special state tax shall be computed upon the information at the time of assessment in his possession, and, in lieu of better information, may be assessed upon information as to inhabitants taxable under this section, as shown in returns and tables filed in the preceding year by the assessors with the commissioner, or upon such other information as he may have, and he may allow for such annual increase in the number of old age assistance taxes as he may determine to be proper. The commissioner shall, in each year, on or before October fifth, certify and commit to the state treasurer the taxes assessed under this section and the taxes so certified and committed shall thereupon be due and payable by each city and town and the treasurer thereof, and the state treasurer shall have the same remedies and powers with respect to the collection of the special state tax assessed as aforesaid as he has with respect to the collection of the annual state tax. The commissioner shall, in each of said years, from time to time assess and levy upon each city and town, and certify and commit to the state treasurer, additional taxes with respect to inhabitants taxable under this section and not included in the assessment on such city or town made under this section and taxes so assessed shall be payable and may be enforced in the same manner as those originally assessed. The assessors may, in each year, from time to time certify under oath to the commissioner, in such form and detail as he may require, the list of old age assistance taxes which the collector of their city or town has not been able to collect by reason of the poverty, death or other inability of the persons assessed to pay, and the commissioner shall determine the amount of such uncollected taxes which, in his opinion, are uncollectible. The state treasurer shall pay or credit to a city or town, on account of such uncollected old age assistance taxes assessed therein, such amounts as the commissioner may from time to time certify as uncollectible. The receipts paid into the state treasury under this section shall be used, so far as necessary, for reimbursing cities and towns for assistance given by them to aged citizens under the provisions of chapter one hundred and eighteen A of the General Laws, in the manner provided by section eight of said chapter." Mr. Charles F. Jeff Sullivan moved that the bill be amended bv inserting after section 9, the following new section:— "SEC- TION 9A. Every machine operated or maintained for the purpose of vending food, beverages or other commodities, other than cigarettes, shall for the purposes of this act be deemed to con- stitute a place of business, and no person shall maintain or cause to be operated such a machine without procuring a dealer's license. Each license so issued shall be prominently displayed by the licensed distributor or the licensed dealer on the premises covered by the license, and in the case of a vending machine there shall be attached to the same a disc or marker to be furnished by the commissioner showing it to have been licensed. No person shall have in his possession a vending machine containing food, beverages or other commodities, other than cigarettes, for a period in excess of forty-eight hours unless there shall be attached to the same a disc or marker as herein provided. For each such article of food, beverage or other commodity, other than cigarettes, sold or vended by any such machine, the cost of which is more than one cent, the dealer shall pay an excise of one cent. The provisions of this section shall apply to music boxes or other machines producing music, in which coins are deposited. For each tune played the deposit for which is more than one cent, the dealer shall pay an excise of one cent. The license fees and excise imposed by this section shall be in addition to taxes imposed by sections five and seven C. The receipts from said fees and excise, after deducting therefrom the amount of the expenses of administering and collecting the same, shall be credited to the old age assistance fund established under section eleven of chapter one hundred and eighteen A.". Mr. Nicholson moved that the bill be amended in section 9, by inserting after the word "business", in line 7, the words "and income not referred to in said section 6, and commonly known as unearned income". Mr. Lane moved that the bill be amended by striking out section 9. The amendment moved by Mr. Francis was then adopted (thus precluding the amendments moved by Messrs. Nicholson and Lane). Mr. Connors moved that the Senate reconsider the vote by which it had adopted the amendment moved by Mr. Francis; and the question on this motion was determined by a call of the yeas and nays, as follows, to wit: —

YEAS. Connors, Louis 13. Miles, Charles G. Dolan, Chester A., Jr. Murphy, Joseph L. Haley, Cornelius P. Nolen, William E. Harrington, Joseph B. Stanton, George W. Hogan, Charles V. Sullivan, Bernard L. Lane, Thomas J. Sullivan, Charles F. Jeff Lee, Robert L. Sullivan, Leo J. — 14.

NAYS. Babcock, Frank D. Holmes, Newland H. Blanchard, Arthur F. Johnston, Thomas H. Bowers, Richard S. Krapf, George W. Brackman, David M. Lundgren, Harold R. Casey, P. Eugene MacDonald, Donald A, Coolidge, Arthur W. Mackay, John D. Curtis, Laurence Montminy, Joseph F. Francis, Joseph F. Nicholson, Donald W. Giroux, Eugene H. Olson, Charles W. Gunn, James A. Petersen, Tycho M. — 21. Ilollis, Arthur W.

PAIRED. YEA. NAY. William P. Grant (present), Jarvis Hunt — 2. ABSENT OR NOT VOTING. Richardson, Harris S. Sears, Mason — 2.

So the motion to reconsider was negatived. The question on adopting the amendment moved by Mr. Charles F. Jeff Sullivan was then determined by a call of the yeas and nays, as follows, to wit: —

YEAS. Casejr, P. Eugene Miles, Charles G. Connors, Louis B. Murphy, Joseph L. Dolan, Chester A., Jr. Nolen, William E. Giroux, Eugene H. Olson, Charles W. Grant, William P. Stanton, George W. Harrington, Joseph B. Sullivan, Bernard L. Johnston, Thomas H. Sullivan, Charles F. Jeff Lee, Robert L. Sullivan, Leo J. — 16.

NAYS. Babcock, Frank D. Holmes, Newland H. Blanchard, Arthur F. Krapf, George W. Bowers, Richard S. Lane, Thomas J. Brackman, David M. Lundgren, Harold R. Coolidge, Arthur W. MacDonald, Donald A. Curtis, Laurence Mackay, John D. Francis, Joseph F. Mont.miny, Joseph F. Gunn, James A. Nicholson, Donald W. Halev, Cornelius F. Petersen, Tycho M. Hollis, Arthur W. Richardson, Harris S. — 20.

ABSENT OR NOT VOTING. Hogan, Charles V. Sears, Mason — 3. Hunt, Jarvis

So the amendment was rejected. Mr. Hogan moved that the bill be amended by striking out section 5; and the question on this amendment was determined by a call of the yeas and nays, as follows, to wit: —

YEAS. Casey, P. Eugene Lee, Robert L. Dolan, Chester A., Jr. Miles, Charles G. Giroux, Eugene H. Nolen, William E. Grant, William P. Stanton, George W. Harrington, Joseph B. Sullivan, Bernard L. Hogan, Charles V. Sullivan, Charles F. Jeff Johnston, Thomas H. Sullivan, Leo J. — 15. Lane, Thomas J.

NAYS. Babcock, Frank D. Francis, Joseph F. Blanchard, Arthur F. Gunn, James A. Bowers, Richard S. Haley, Cornelius F. Brackman, David M. Hollis, Arthur W. Coolidge, Arthur W. Holmes, Newland H. Curtis, Laurence Krapf, George W. Lundgren, Harold R. Murphy, Joseph L. MacDonald, Donald A. Nicholson, Donald W. Mackay, John D. Olson, Charles W. Montminy, Joseph F. Petersen, Tycho M. — 20.

ABSENT OR NOT VOTING. Connors, Louis B. Richardson, Harris S. Hunt, Jarvis Sears, Mason — 4.

So the amendment was rejected. The question on ordering the bill, as amended, to a third reading was then determined by a call of the yeas and nays, as follows, to wit: —

YEAS. Babcock, Frank D. Johnston, Thomas H. Blanchard, Arthur F. Krapf, George W. Bowers, Richard S. Lane, Thomas J. Brackman, David M. Lee, Robert L. Casey, P. Eugene Lundgren, Harold R. Connors, Louis B. MacDonald, Donald A. Coolidge, Arthur W. Mackay, John D. Curtis, Laurence Miles, Charles G. Dolan, Chester A., Jr. Montminy, Joseph F. Francis, Joseph F. Murphy, Joseph L. Giroux, Eugene H. Nicholson, Donald W. Goodwin, Angier L. Nolen, William E. Grant, William P. Olson, Charles W. Gunn, James A. Petersen, Tycho M. Haley, Cornelius F. Richardson, Harris S. Harrington, Joseph B. Stanton, George W. Hogan, Charles V. Sullivan, Bernard L. Hollis, Arthur W. Sullivan, Charles F. Jeff Holmes, Newland H. Sullivan, Leo J. — 38.

NAYS. —0.

ABSENT OR NOT VOTING. Hunt, Jarvis Sears, Mason — 2.

So the bill, as amended, was ordered to a third reading. Retirement The Bill extending the time for the exercising of certain rights by systems, — rights of members of contributory retirement systems who were formerly members. employed by a governmental unit having no such system (printed as House, No. 2440), — was read a second time. On motion of Mr. Holmes, the bill was laid on the table. Cider, — The House Bill relative to the application to cider of certain alcoholic content; alcoholic content of the laws relating to alcoholic beverages, and taxation. relative to the imposition of an excise on such cider (printed as Senate, No. 617), —was read a second time and ordered to a third reading. The rules were suspended, on motion of Mr. John- ston, and the bill was read a third time and was amended, on motion of Mr. Richardson, by adding the following new section: — "SECTION 3. Nothing in this act shall affect the temporary additional excise with respect to the sale of alcoholic beverages and alcohol imposed by chapter four hundred and thirty-four of the acts of nineteen hundred and thirty-nine, as amended by chapter three hundred and thirty-nine of the acts of the current year.". The bill was then passed to be engrossed, in concurrence, with the amendment, which was sent down for concurrence. The House Bill for the establishment of a board of registration Archit«cto, of architects and for the regulation of the practice of architecture registration. (House, No. 2448, amended), — was read a second time and was amended in section 2, as previously had been recommended by the committee on Ways and Means, by striking out subsections 87LL and 87MM, in lines 25 to 47, inclusive, and by striking out subsection 87PP (as amended by the House), in lines 61 to 82, inclusive. The bill, as amended, was then ordered to a third reading. The rules were suspended, on motion of Mr. Curtis, and the bill was read a third time and passed to be engrossed, in concurrence, with the amendments, which were sent down for concurrence. Under a suspension of Senate Rule No. 38, moved by Mr- Trafficcon- Brackman, the House Resolve providing for an investigation and throughout study by a special unpaid commission relative to the survey of fjjj*- traffic congestion in and in the vicinity of Boston and throughout the Commonwealth and for planning the relief thereof, and relative to certain matters appertaining to motor vehicles (House, No. 2822, amended), — was read a second time. Mr. Connors moved that the resolve be amended by striking out, in line 75, the words "two hundred and fifty" (inserted by amendment by the House) and inserting in place thereof the words "twenty-five"; and by striking out, in line 78, the words "two hundred and forty" (inserted by amendment by the House) and inserting in place thereof the word "fifteen"; and these amendments were rejected. The resolve was then ordered to a third reading. The rules were suspended, on motion of Mr. Lane, and the resolve was read a third time and passed to be engrossed, in concurrence. Under a suspension of Senate Rule No. 38, moved by Mr. Sp^w h^aiK^ Casey, the Senate Bill further regulating the use of special halls tainmente. for the entertainment of spectators during certain months in each year (Senate, No. 760), — was read a third time. Mr. Krapf moved that Joint Rule 5 be suspended; and this motion was negatived. The bill was then passed to be engrossed. Sent down for concurrence. Without action on the remaining matters passed for consideration in the Orders of the Day, on motion of Mr. Holmes, at twenty- three minutes past six o'clock P.M. the Senate adjourned, to meet on the following Tuesday at a quarter before ten o'clock A.M. TUESDAY, August 5, 1941. Met according to adjournment. Prayer was offered by the Chaplain.

Bills and Resolves Recalled from Governor. Gerry's Landing in On motion of Mr. Blanchard, it was voted that a message be Cambridge, — sent to His Excellency the Governor requesting the return to the maintenance. Senate of the engrossed Bill providing for the maintenance, during the years nineteen hundred and forty-one and nineteen hundred and forty-two, by the Metropolitan District Commission of the bathhouse at Gerry's Landing in the city of Cambridge (see Sen- ate Bill printed in House, No. 2798, changed and amended). Mr. Blanchard was appointed the messenger. Subsequently, the bill was returned. On motion of Mr. Montminy, in each instance, it was voted that messages be sent to His Excellency the Governor requesting the return to the Senate of the engrossed bills Lowell-Dracut Providing for the acquisition and improvement of certain prop- State Forest, — additional erties in Dracut as an addition to the Lowell-Dracut State Forest land. (see House, No. 546); and Hospitals and Regulating the licensing by the Department of Public Health sanatoria, — licensing. of hospitals and sanatoria (see House, No. 2528, amended). Mr. Montminy was appointed the messenger, in each instance. Subsequently, the bills were severally returned. On motion of Mr. Hollis, in each instance, it was voted that messages be sent to His Excellency the Governor requesting the return to the Senate of the engrossed resolves Convention of Providing for a proper representation of the Commonwealth at United Spanish War Veterans, the national convention of the United Spanish War Veterans in — State representation. the year nineteen hundred and forty-three in the event that the same is held in the city of Boston (see House, No. 2225, changed and amended); and Convention of Providing for a proper representation of the Commonwealth at Yankee Division the national convention of the Yankee Division Veterans Associa- Veterans Association, — tion to be held in the city of Springfield in the year nineteen hun- State repre- dred and forty-two (see House, No. 2657). sentation. Mr. Hollis was appointed the messenger, in each instance. Sub- sequently, the resolves were severally returned. Harbor and On motion of Mr. Babcock, it was voted that a message be sent waterway improvements. to His Excellency the Governor requesting the return to the Senate of the engrossed* Resolve relative to certain harbor and waterway improvements (see House, No. 2762). Mr. Babcock was appointed the messenger. Subsequently, the resolve was returned. Impeachment Proceedings. This being the day assigned for the return of the writ of sum- impeachment mons issued to Daniel H. Coakley, Executive Councillor from the coSiey6'H' Fourth Councillor District, on an impeachment presented against him by the House of Representatives for misconduct and mal- administration in office, — On motion of Mr. Mackay, the legislative business of the Sen- Proceeded ate was suspended and the Senate proceeded to the pending trial to tnaL of impeachment. On further motion of the same Senator, it was voted that the House Clerk of the Senate be directed to inform the House of Repre- notified- sentatives that the Senate is ready to proceed upon the trial of the impeachment in the Senate Chamber. The Clerk of the Senate administered the following oath to Oathto the Honorable Angier L. Goodwin, President of the Senate: — President. You do solemnly swear that in the trial of Daniel H. Coakley, Executive Councillor from the Fourth Councillor District, for misconduct and maladministration in office, expressed in articles of impeachment preferred and exhibited against him by the House of Representatives, you will truly and impartially try and determine the charge in question, according to evidence. So help you God.

The same oath was then administered by the President to the Oath to following members of the Senate: — Senators.

Hon. Frank D. Babcock, Hon. Thomas H. Johnston, Hon. Arthur F. Blanchard, Hon. George W. Ivrapf, Hon. Richard S. Bowers, Hon. Thomas J. Lane, Hon. David M. Brackman, Hon. Robert L. Lee, Hon. P. Eugene Casey, Hon. Harold R. Lundgren, Hon. Louis B. Connors, Hon. Donald A. MacDonald, Hon. Arthur W. Coolidge, Hon. John D. Mackay, Hon. Laurence Curtis, Hon. Charles G. Miles, Hon. Chester A. Dolan, Jr., Hon. Joseph F. Montminy, Hon. Joseph F. Francis, Hon. Joseph L. Murphy, Hon. Eugene H. Giroux, Hon. Donald W. Nicholson, Hon. William P. Grant, Hon. William E. Nolen, Hon. James A. Gunn, Hon. Charles W. Olson, Hon. Cornelius F. Haley, Hon. Tycho M. Petersen, Hon. Joseph B. Harrington, Hon. Harris S. Richardson, Hon. Charles V. Hogan, Hon. George W. Stanton, Hon. Arthur W. Hollis, Hon. Bernard L. Sullivan, Hon. Newland H. Holmes, Hon. Charles F. Jeff Sullivan, Hon. Jarvis Hunt, Hon. Leo J. Sullivan.

The Clerk of the Senate was then sworn to the faithful per- Oathtocierk formance of his duties as Clerk by the following oath, adminis- °ftheSenate- tered by the President: — You, Irving N. Hayden, as Clerk of the Senate of the Commonwealth of Massachusetts, while sitting as a court of impeachment, do swear that you will truly enter all motions, votes and orders thereof, and in all things relating to your office that you will act faithfully and impartially according to your best skill and judgment. So help you God.

Ruth E. Nelson was then sworn to the faithful performance of Oathto her duties as court stenographer bv the following oath, adminis- stenographer- tered by the President: — You solemnly swear that you will fairly and impartially transcribe the testimony and proceedings in the trial of the impeachment of Daniel H. Coakley, Executive Councillor from the Fourth Councillor District, according to your best skill and judgment. So help you God. Board of Managers. Representatives Priest of Haverhill, Snow of Natick, Parker of Boston, Downey of Brockton and Hyde of Ware, Board of Managers of the House of Representatives, were present, and Mr. Priest announced that the Honorable Robert T. Bushnell, Attor- ney-General of the Commonwealth, would act as their counsel. Mr. Bushnell announced that the Honorable Frederic A. Crafts and assistants from his office would assist him. Proclamation. The Sergeant-at-Arms was directed to make proclamation, which he did in the following form: —

HEAR YE — HEAR YE — HEAR YE. All persons having anything to do before the Honorable Senate, now sitting in the matter of the trial of the impeachment of Daniel H. Coakley, Executive Councillor from the Fourth Councillor District, draw near, give your attendance and you shall be heard. GOD SAVE THE COMMONWEALTH OF MASSACHUSETTS.

Service of The writ of summons to the said Daniel H. Coakley was read, writ. together with the precept of the Sergeant-at-Arms and his return thereof that he had, on July 18, at fifty minutes past ten o'clock A.M. served said writ by delivering in hand to said Coakley and leaving with him a true and attested copy of the said writ of summons, together with a like copy of the precept; and the following oath was administered to the returning officer by the Clerk: — You, Charles O. Holt, do solemnly swear that the return made and subscribed by you, upon the summons issued on the seventeenth day of July, nineteen hundred and forty-one, by the Senate of this Commonwealth against Daniel H. Coakley, is truly made, and that you have performed the service as therein described. So help you God. Respondent The said Daniel H. Coakley was then called to appear at the called to bar. bar of the Senate; and he did so appear, with his counsel, William H. Lewis, Esq. Motion by Mr. Lewis then offered the following motion: — respondent. Now comes William H. Lewis, Counsel for the defendant, Daniel H. Coakley, and respectfully moves that the Honorable Jarvis Hunt, Senator from the First Bristol District, disqualify himself as a member of the High Court of Impeachment sworn to try the articles of impeachment presented by the House ot Representatives against Daniel H. Coakley, Councillor of the Fourth District for the following reasons: First: That the Honorable Jarvis Hunt as a member o this court cannot stand indifferent as between the Commonwealth o Massachusetts and the defendant and is interested in the final results of this impeachment. . T Second: The Honorable Jarvis Hunt was Chairman of the in vestigating Commission established by provisions of Chapter w and 37 of the Resolves of 1939 to make "an study" of "facts and circumstancess surrounding the granting oi pardons, etc." and as Chairman and member of the Commission made reports to the House of Representatives now printed as House Document #2 and House Document #1000 containing information as to pardons and paroles granted by the Governor and Council and the parole Board under Governors Ely, Curley, and Hurley; that by reason of information received and impressions formed, it would be impossible for him to give the defendant a fair and impartial trial on the question of his guilt or innocence. Third: That the Honorable Jarvis Hunt has formed and expressed opinions detrimental and hostile to the defendant in that as the Chairman and member of the Parole and Pardon Commis- sion aforesaid in House Document #1000, Page 5, the Honorable Jarvis Hunt has subscribed to this statement "the additional testimony in the Patriarca case confirms, if any confirmation were deemed necessary, the culpability of Governor's Councillor Dan- iel H. Coakley in the pardon of Raymond L. S. Patriarca." On Page 8, there is the further statement subscribed to by the Chairman of the Commission to the effect that "Councillor Coakley's vote was necessary for Patriarca's release"; and to the same effect on Page 37, "In addition to this, Councillor Coakley cast the vote in the Council without which Patriarca could not have received the pardon"; and finally on the same page, in fine print, "It is the opinion of the Commission that the facts contained in this report are of such a nature as to require the Com- mission at this time to submit them to the body which has the duty of determining whether impeachment proceedings shall be instituted." Fourth: The Intermediate Report in House Document #2 referring to the case of the pardon of Frank W. Potter, the Honor- able Jarvis Hunt as Chairman of the Commission subscribed to the statement "It is difficult for this Commission to believe that Councillor Coakley did not know that his son was interested in obtaining Potter's pardon before he voted in favor of it at a meeting of the Council on January 6, 1937". He states further on Page 85 that "Councillor Coakley interfered with the process of the investigation by interviewing witnesses." Fifth: That in the same Document House #2, the Intermediate Report, in regard to Maurice Limon, a statement is subscribed to over the signature of the Honorable Jarvis Hunt as Chairman which shows that he has prejudged the defendant in that case, to wit, referring to a statement alleged to have been made by Limon to his attorney to the effect that Coakley could arrange the removal of parole conditions that Limon should not leave the State for $2,500.00. The report states "In the opinion of the Com- mission it is most reprehensible for a member of the Governor's Council to suggest the payment of money for services which he could only render in his political capacity or through his political influence". Wherefore the above-named William H. Lewis, Council for the defendant, Daniel H. Coakley, moves that the Honorable Jarvis Hunt, Senator from the First Bristol District, disqualify himself as a member of the Court. This motion was denied. Articles read. The Clerk, by direction of the President, read the articles of impeachment and handed an attested copy of said articles to said Coakley. Pleading. The respondent was then asked whether he was guilty thereof or not guilty. Mr. Lewis stated that his client would plead not guilty to each and every article of impeachment; and would, at a subsequent date, file answers in writing. Motion by respondent. Mr. Lewis then offered the following motion: — Now comes the above-named defendant, Daniel II. Coakley, and respectfully represents to this Honorable Court that in order to properly prepare his defense it will be necessary for him to have the full record of the investigation made by the Commission, established by the provisions of Chapters 12 and 37 of the Re- solves of 1939, now published in House Document #2 and House Document #1000, as he understands that parts or portions of the records not published are in transcript form in the hands either of the Honorable Managers of the House of Representatives or the Attorney General and are also public records. The defendant respectfully represents to the Court that an inspection of the transcript of the testimony not published is essential and necessary in order that he may intelligently make answers to the articles of impeachment against him. Wherefore he respectfully moves the Court that the Honorable Managers of the House of Representatives be requested to furnish the defendant with a copy or allow him to have access to the remainder of the record not published in House Document #2 and #1000 now preserved in transcript form, and made a part of the record by reference in a statement upon Page 97 of House Document #2 and Page 188 of House Document #1000 as follows: — "The Commission wishes to state that all transcripts of testimony and records, and all information gathered by the Commis- sion in the prosecution of its work, and every aid the Commission or any of its members can give, are at any and all times at the service of the General Court". This motion was denied by the President; and this decision was confirmed by vote of the Senate. Date for The President announced that the respondent would be granted continuance. until Tuesday, August 19, for filing his answers; that the managers of the House'of Representatives would be granted until Thursday, August 21, to file their replication; and that the Senate would continue the trial on Monday, August 25, at ten o'clock in the forenoon. Mr. Lewis then offered the following protest and motion: — And now comes the defendant, Daniel H. Coakley, Councillor, as above named, in a matter and proceeding before this Honor- able Court, to wit, the trial of impeachment charges against him, and protests to this Honorable Court that the Senate of the State of Massachusetts was without power and authority to make rules for the procedure and trial of the above entitled cause: That this Court alone, when the Senate is convened as a Court, has the power and authority to makes rules for the government and direction of a trial of impeachment: That the rule passed by the Senate providing that a majority of the Senators present and voting would be sufficient to convict is in violation of Article 12 of the Massachusetts Bill of Rights which provides that "no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land.": That the aforesaid rule is also in violation of Section 1 of the 14th Amendment to the Constitution of the United States which provides that no state shall "deprive any person of life, liberty or property, without clue process of law, nor deny to any person within its jurisdiction the equal protection of the laws.". And now comes the defendant, Daniel H. Coakley, Executive Motion. Councillor from the Fourth Councillor District in the above entitled cause and respectfully moves, that the court rule as a matter of law that in order to convict the defendant upon any article or articles alleged in the impeachment, two-thirds of the members of the court present and voting shall be necessary, and if two-thirds of the members present and voting do not vote guilty, there cannot be a verdict of guilty upon any count in said articles of impeachment. Pending action on this protest and motion, the Sergeant-at- Proclamation. Arms was directed to make proclamation, which he did in the following form: —

HEAR YE — HEAR YE — HEAR YE. All persons having anything further to do before the Honorable Senate, sitting in the matter of the trial of the impeachment of Daniel H. Coakley, Executive Councillor from the Fourth Councillor District, at present depart and give your attendance at this place on Monday, August 25, at ten o'clock A.M., to which time and place the Senate, sitting as a court of impeachment, is now adjourned. GOD SAVE THE COMMONWEALTH OF MASSACHUSETTS. The Senate then resumed its legislative business.

Report of a Cojnmittee. Mr. Mackay, for the special committee appointed to consider the resolution of impeachment of Daniel H. Coakley, Executive Councillor from the Fourth Councillor District, and to prepare and report proper rules of procedure for the trial of said impeachment, and other recommendations relative to said trial, — reported, in part, the following order: — Ordered, That the President of the Senate be, and he hereby is, authorized to make and issue, from time to time, commissions to I^Vng oafml take depositions of witnesses, whether such witnesses are within S'Sko3'0"3 or without the Commonwealth, in the matter of the trial of the depositions, impeachment of Daniel H. Coakley, Councillor from the Fourth Councillor District. The rule was suspended, on motion of the same Senator, and the order was considered forthwith; and it was adopted.

Orders Adopted. On motion of Mr. Mackay, —- Rules governing impeach- Ordered, That there be printed five hundred additional copies ment pro- of the rules of the Senate sitting as a court to hear and determine ceedings, — additional the impeachment of Daniel H. Coakley, Executive Councillor from copies. the Fourth Councillor District (Senate, No. 745). Mr. Hunt offered the following order: — Senate, — next session, etc. Ordered, That, when the Senate adjourns today, it adjourn to meet on the following Thursday at eleven o'clock A.M.; that thereafter, until it shall be otherwise ordered, the Senate meet only on Mondays and Thursdays of each week at eleven o'clock A.M.; and that Senate Rule No. 7 be suspended with reference to said sessions. Mr. Curtis moved that the order be amended by striking out all after the word "Thursday", and inserting in place thereof the words "at two o'clock P.M.". Mr. Bowers moved that the order be amended by striking out all after the word "Thursday" and inserting in place thereof the words "; that, when the Senate adjourns on Thursday next, it adjourn to meet on the following Monday at eleven o'clock A.M.; and that Senate Rule No. 7 be suspended with reference to the session of Thursday next."; and this amendment, being first put, was rejected. The amendment moved by Mr. Curtis was then rejected, by a vote of 14 to 18. The order was then adopted.

PAPER FROM THE HOUSE. North and south metro- A Bill relative to the carrying out of certain projects to meet politan sewer- the sewage disposal needs of the north and south metropolitan age districts, etc.,—sewage sewerage districts and communities which now or hereafter may disposal needs. be included in said districts (House, No. 2841, — in part, on the petition of Eugene H. Giroux, accompanied by bill, Senate, No. 71; and the petitions of Harris S. Richardson, accompanied by bills, Senate, Nos. 99 and 100), —was read and, under the rule, referred to the committee on Ways and Means. Without proceeding to consideration of the Orders of the Day, — on motion of Mr. Haley, at fourteen minutes before two o'clock P.M. the Senate adjourned, to meet on the following Thursday, at eleven o'clock A.M. THURSDAY, August 7, 1941.

Met according to adjournment.

PAPERS FROM THE HOUSE. The engrossed Resolve providing for an investigation by the Bureau ^ Department of Public Health relative to the advisability and inebriates. expense of establishing in said department a bureau for the care of inebriates (see House, No. 2777), —came up, with the endorsement that the House had concurred in the Senate amendments of the House amendments, with further amendments adding at the end of the Senate amendments the words "and by inserting after the word 'investigate' in line 2 (as printed), the words 'the advisability of establishing a bureau for the care of inebriates, and in connection therewith to consider'; and in the title, by striking out the words 'in said department'". The rule was suspended, on motion of Mr. Stanton, and the further amendments were considered forthwith; and were adopted, in concurrence. A Report of the committee of conference on the disagreeing Committee of votes of the two branches with reference to the Senate amend- confidential ments of the House Bill to make records relating to old age assist- °f ance, aid to dependent children and aid to the blind confidential, recipients, to prohibit the misuse of such records, to create a penalty for such misuse and to provide that the laws concerning the confidential nature of such records may be extended to apply to records relating to general public assistance (House, No. 2613, amended), — recommending that the House recede from its non-concurrence in the Senate amendment (striking out section 1 and inserting in place thereof the following: — "SECTION 1. Chapter sixty-six of the General Laws is hereby amended by inserting after section seventeen, as appearing in the Tercentenary Edition, the following new section: — Section 17A. The records of the department of public welfare and of the several city and town welfare departments and bureaus of old age assistance relative to old age assistance and to aid to dependent children, and the records of the department of education relative to aid to the blind, shall be public records; provided, that they shall be open to inspection only by public officials of the commonwealth, which term for the purposes of this section shall include members of the general court.") and concur therein, with a further amendment adding at the end thereof the words ", for purposes directly connected with the administration of such public assistance" and that the Senate concur in the further amendment; that the Senate recede from its amendment in section 4, striking out, in line 8, the word "and" and inserting in place thereof the word "or"; and that the House concur in the Senate amendment striking out sections 5 and 6, — came up, and was read. The rule was suspended, on motion of Mr. Stanton, and the report was considered forthwith; and was accepted, in concurrence.

Committee of conference; A Report of the committee of conference on the disagreeing industries, — votes of the two branches with reference to the Senate amend- notice of change of ments of the House Bill requiring the giving of notice to the Com- location. missioner of Labor and Industries of the commencement or a change of location of operations by industries in this Common- wealth (House, No. 2665), — recommending that the House recede from its non-concurrence in the Senate amendments (striking out, in line 7, the word "six" and inserting in place thereof the word "twenty"; and striking out, in line 14, the words "for each day on which the violation occurs") and concur therein, with a further amendment striking out, in line 7, the word "twenty" (inserted by amendment by the Senate) and inserting in place thereof the word "twelve"; and that the Senate concur in the additional amendment, — came up, and was read. The rule was suspended, on motion of Mr. Stanton, and the report was considered forthwith; and was accepted, in concurrence.

Superior and district courts, Notice was received that the engrossed Bill to discourage belated — belated decisions by the Superior Court and by district courts (see House, decisions. No. 2704, amended), — had been amended by the House by striking out the enacting clause.

Minor corrective changes in A communication from the Counsel to the Senate and the Coun- General Laws. sel to the House of Representatives submitting (under authority of Section 53 of Chapter 3 of the General Laws, as amended by Chapter 376 of the Acts of 1939) certain minor corrective changes in the General Laws (House, No. 2760), — was referred, in concurrence, to the committee on the Judiciary. Without proceeding to consideration of the Orders of the Day,— on motion of Mr. Connors, at ten minutes past eleven o'clock A.M. the Senate adjourned, to meet on the following Monday at eleven o'clock A.M. MONDAY, August 11, 1941.

Met according to adjournment.

PAPERS FROM THE HOUSE. A Bill making certain corrective changes in the statutes of the Genera^Laws, C ve Commonwealth (printed in House, No. 2842), — was read and changM ' placed in the Orders of the Day for the next session for a second reading.

Bill Returned by Governor with Recommendation of Amendment. a b 1 pu c The engrossed Bill to provide for the employment of partially ^ | o ^B ™ disabled public employees and the temporary filling of their ISpioy-68' original positions (see House, No. 2569, amended), — having been ment'etc- returned to the House by His Excellency the Governor, in accordance with the provisions of Article LVI of the Amendments to the Constitution, with a recommendation of amendment (see House, No. 2847), — came up, referred to the committee on Civil Service; and the Senate concurred therein. Without proceeding to consideration of the Orders of the Day, — on motion of Mr. Johnston, at one minute past eleven o'clock A.M. the Senate adjourned, to meet on the following Thursday at eleven o'clock A.M. THURSDAY, August 14, 1941.

Met according to adjournment (Mr. Curtis in the Chair). A quorum not being present, on motion of Mr. Leo J. Sullivan, at one minute past eleven o'clock A.M. the Senate adjourned, to meet on the following Monday at eleven o'clock A.M. MONDAY, August 18, 1941.

Met according to adjournment (Mr. Brackman in the Chair). A quorum not being present, on motion of Mr. Bowers, at eight minutes past eleven o'clock A.M. the Senate adjourned, to meet on the following Thursday at eleven o'clock A.M. THURSDAY, August 21, 1941. Met according to adjournment.

Order Adopted. On motion of Mr. Bowers, — session • "hour^ Ordered, That, when the Senate adjourns today, it adjourn to of meeting, etc. meet on the following Monday at ten o'clock, A.M.; that thereafter, until it shall be otherwise ordered, the daily hour of meeting be ten o'clock A.M., except that there shall be no session on Satur- days or Sundays; and that so much of Senate Rule No. 7 as re- quires the daily printing of a Calendar be suspended for the remainder of the session and that said calendar be printed only on such days as the President may designate.

PAPERS FROM THE HOUSE. Confidential records of Notice was received that the House had refused to adopt the welfare emergency preamble to the engrossed Bill to make records re- recipients. lating to old age assistance, aid to dependent children and aid to the blind confidential, to prohibit the misuse of such records, to create a penalty for such misuse and to provide that the laws concerning the confidential nature of such records may be extended to apply to records relating to general public assistance (see House, No. 2613, amended). Engrossed Bill. Bill laid before An engrossed Bill to make records relating to old age assistance, Governor. aid to dependent children and aid to the blind confidential, to prohibit the misuse of such records, to create a penalty for such misuse and to provide that the laws concerning the confidential nature of such records may be extended to apply to records relating to general public assistance (which originated in the House), — was passed to be enacted and was signed by the President and laid before the Governor for his approbation. Without proceeding to consideration of the Orders of the Day, — on motion of Mr. Bowers, at twenty-four minutes before twelve o'clock A.M. the Senate adjourned, to meet on the following Mon- day at ten o'clock A.M. MONDAY, August 25, 1941. Met according to adjournment. Impeachment Proceedings. On motion of Mr. Haley, legislative business was suspended, ifgf^f4 and the Senate proceeded to the pending trial of impeachment; coakley. and the House was notified thereof. The Board of Managers of the House of Representatives, accompanied by Counsel, and the Respondent, accompanied by Counsel, came in and took their respective seats.

The President administered to the Honorable Mason Sears, oathto who had not previously been sworn, the oath prescribed to be taken by members of the Senate.

Proclamation was made by the Sergeant-at-Arms as herein- Prociamation. before recorded. Mr. Hunt filed with the Clerk the following answer to the motion, Statement by previously offered by the counsel for the respondent, that he dis- Senator Hunt- qualify himself as a member of the Court, to wit: — William H. Lewis, Esquire, Counsel for Councillor Daniel H. Coakley in the impeachment proceedings now pending before the Senate, has addressed a petition to me that I disqualify myself as a member of the Senate Court of Impeachment for the reason that as Chairman of the Investigating Commission making the report upon which the impeachment proceedings were based I received information and formed impressions which render it impossible for me to give the respondent a fair and impartial trial, and that in subscribing to the report of that Commission I expressed therein opinions detrimental to the respondent. This petition is addressed to me personally since under the Constitu- tion I am a member of the Court and cannot be disqualified. The decision is therefore left to my own conscience whether I shall continue as a member of the Senate Court of Impeachment. Until Mr. Coakley's attorney raised the issue there had been no doubt in my mind that I should act according to my obligations as a member of the Senate to try impartially and determine the charge in question according to the evidence. Since the question has been raised I felt it only fair to the respondent and to the Com- monwealth to give the matter serious thought and careful consideration before making my answer to the petition. I therefore made diligent search into precedents in similar cases, sought the advice of my colleagues in the Senate, members of the Investigat- ing Commission, and others whose opinions I valued, as well as going over the question very carefully in my own mind. The decision is mine, however, and likewise the responsibility. As an attorney I am accustomed to weighing the evidence in a case carefully and impartially before making a decision. I am well aware of the fact that the evidence presented before the Investi- gating Commission is the basis of an action but not the determination of a charge. The charge has been preferred by the House of Representatives, and must be proved before the Senate and the respondent given every opportunity to be heard in the matter. As Chairman of the Investigating Commission I had the duty, as did other members of the Commission, to investigate among other things the circumstances surrounding the granting of certain pardons. As the Resolve required we reported our findings and recommendations to the General Court. I did not seek this duty. It was placed upon me as a member of the Senate, and I fulfilled this duty to the best of my ability. The report of the Commission did not recommend impeachment, but did recommend that the report be studied by the body which had the duty of determining whether impeachment proceedings should be brought. As was its duty the Commission conferred with the House Committee, and gave it the benefit of the evidence upon which the report was based. Our report is a matter of public record, printed as a public document. Any member of the Senate as well as any member of the public may read the report and form an opinion upon the matters expressed therein. Presumably many members of the Senate have done so. Yet if all such Sena- tors were to disqualify themselves, the Senate could not carry out the duties imposed upon it by the Constitution. To safeguard the respondent in such an event each Senator took an oath to try the matter impartially and determine the charge upon the evidence. As a member of the Senate I took such an oath. My conscience will not allow me to do otherwise than to carry out this obligation. While my conscience was clear that I should try this matter impartially, I felt the arguments of counsel should be considered carefully, all precedents in similar cases examined, and the question as to how such a disqualification would affect my responsibility to the Commonwealth and my district as a member of the Sen- ate seriously weighed. In his argument counsel for Mr. Coakley drew an analogy to the case of a judge disqualifying himself in a case in which he could not act impartially because of personal relationship or financial interest. This analogy does not apply to my case because I am not related to any person involved in the matter, nor have I any financial or beneficial interest in the outcome. Precedents show that neither personal relationships nor financial or beneficial interest have disqualified members of the United States Senate sitting as a Court of Impeachment. A Senator who was related by family ties to President Johnson was not disqualified from sitting on the issue of his impeachment. Senator Wade, then President of the United States Senate, who would have become President of the United States had Johnson been convicted, was not disqualified because of interest. I know of many instances where a judge has disqualified himself because of personal relationship or financial interest, but of none where he has disqualified himself because in the performance of his duty he had received information or the opportunity of forming an opinion as to the actions or character of one of the parties before him. I am unable to find any instance where a member of any Court of Impeachment or Removal in England or the United States disqualified himself because he had any information on the matter, or had expressed himself on the subject. As a matter of fact I am unable to find a case where a member of such a court disqualified himself for any reason. Certain members of the United States House of Representatives who voted for Articles of Im- peachment and later became members of the Senate which was to try those same Articles did not disqualify themselves although the same issue was raised. Similar cases have been found in State impeachment trials. The Constitution makes every member of the benate a member of the Court of Impeachment. A judge who disqualifies himself may have another judge assigned to hear the case. A Senator in such a case may not. The Constitution places upon each Sena- tor the responsibility of being a member of the Court of Impeach- ment Each Senator owes this responsibility to the Common- wealth and to the district which elects him. I have never evaded any responsibility placed upon me as a member of the Senate. I shall not evade this one. My district is entitled to my careful consideration and my vote on every matter before the Senate. I have never deprived my constituents of this right, and^ I shall not do so now. In taking my oath as a member of the Court of Impeachment I obligated myself to try the charge impartially and to determine it upon the evidence. I shall discharge this obligation to the best of my ability. The protest that the Senate was without power and authority Protest^ to make rules for the procedure and trial when not convened as a overr Court, and against the rule adopted by the Senate providing that a conviction may be had upon any article of impeachment by a majority vote of Senators present and voting, previously filed by Mr. Lewis, — was overruled. The motion for a rule of decision relative to the vote required Motion for conviction, previously offered by Mr. Lewis, — was denied by the President. At the request of Mr. Harrington (more than the required number having joined in the request) the question on allowing the motion was then determined by a call of the yeas and nays, as follows, to wit: — YEAS. Casey, P. Eugene Murphy, Joseph L. Dolan, Chester A., Jr. Nolen, William E. Giroux, Eugene H. Stanton, George W. Grant, William P. Sullivan, Charles F. Jeff Harrington, Joseph B. Sullivan, Leo J. — 11. Lee, Robert L.

NAYS. Babcock, Frank D. Johnston, Thomas H. Blanchard, Arthur F. Krapf, George W. Bowers, Richard S. Lundgren, Harold R. Brackman, David M. Mackay, John D. Coolidge, Arthur W. Miles, Charles G. Curtis, Laurence Montminy, Joseph F. Francis, Joseph F. Njcholson, Donald W. Gunn, James A. Olson, Charles W. Haley, Cornelius F. Petersen, Tycho M. Hollis, Arthur W. Richardson, Harris S. Holmes, Newland H. Sears, Mason — 23. Hunt, Jarvis ABSENT OR NOT VOTING, Connors, Louis B. MacDonald, Donald A. Hogan, Charles V. Sullivan, Bernard L.—5. Lane, Thomas J.

So the motion was denied by the Senate.

August 19, were as follows, to wit: —

ANSWER TO THE ARTICLES OF IMPEACHMENT EXHIBITED AGAINST DANIEL H. COAKLEY, COUNCILLOR FOR THE FOURTH COUN- CILLOR DISTRICT, BY THE MASSACHUSETTS HOUSE OF REP- RESENTATIVES. And now comes Daniel H. Coakley, defendant at the Bar of the Senate sitting as a High Court of Impeachment, and says he is informed and advised that he is required by the rules of practice and procedure in impeachment trials to make formal written answers to the Articles of Impeachment exhibited against him by the Honorable, the House of Representatives of the Commonwealth of Massachusetts. The defendant further says that while protesting and denying generally the validity and justice of the Articles of Impeachment charging him with misconduct and mal-administration in his office by reason of his votes in council, together with other councillors, for applications for pardons submitted to the council by the Governor; and while further protesting and objecting to one member of the Commission investigating pardons, now sitting as one of his judges in the Senate Court of Impeachment, and another member of said Commission acting as his prosecutor, he most respectfully and humbly makes answer to the several Articles as follows reserving to himself the right to further answer upon inspection of the evidence, if made available to him, or as it develops during the trial, either orally or in writing.

Article 1. Defendant at the Bar, Daniel H. Coakley, admits that in De- cember 1936, he was a member of the Governor's Council repre- senting the Fourth Councillor District, having been elected to that office by the people of his District for the terms of 1933- 1934; 1935-1936; 1937-1938; 1939-1940; 1941-1942; and says further that he did not advise the Governor to pardon Frank W. Potter but that the Governor, Governor Curley, submitted the name of Frank W. Potter to the Council and asked the Coun- cil's consent to the pardon of said Potter and that the defendant voted in favor of the pardon, together with Councillors Russell, Hennessey, Brennan and Burdick; that his vote was not any more necessary to the granting of the pardon than that of any other councillor; that in giving his consent to the pardon he was acting within the exercise of his legal and lawful rights as a member of the Governor's Council. He denies that he so voted "for his own private gain". As to the allegation that he voted for the pardon "for the profit and gain of a member of his immediate family", he respectfully says that Daniel H. Coakley, Jr., at the time was twenty-eight, of full age, and legal responsibility and was not under the domination or control of his parents, was a practicing lawyer and member of the Legislature; that he, the defendant, Daniel H. Coakley, says further that his vote would have been the same whether Daniel H. Coakley, Jr., or someone else represented the applicant for the pardon, the Governor of the Commonwealth having recommended the pardon. The defendant, Daniel H. Coakley, therefore, denies that by this vote he "wilfully, wrongfully and corruptly abused his official power and influence". He denies the allegation that he, in voting for the pardon of said Potter, was guilty of misconduct and mal-administration in office. Article 2. The defendant, Daniel H. Coakley, in answer to Article 2 incorporates by reference his answer or answers to Article 1 and says that in December 1936 he was a member of the Governor's Council from the Fourth District and serving his second term; that he denies he entered into any "illegal agreements, arrange- ments and understandings" with one Francis E. Ryan for the purpose of procuring the pardon of one Frank W. Potter in violation of his obligations and duties as executive councillor for his own private profit and gain or for the profit and gain of a member of his immediate family and denies the allegation that by reason of voting with other councillors for the pardon of said Frank W. Potter that he was guilty of misconduct and mal-administration in his office as Governor's councillor or that he did "wilfully, wrongfully and corruptly abuse his official power and influence".

Article 3. As to the charges contained in Article 3 the defendant says that he was a member of the Governor's Council December 5, 1935; that the record shows that he, the defendant, voted with the then Lieut.-Governor and Councillors Russell, Hennessey, Brennan and Burdick for the pardon of said Maurice Limon, then submitted to the Council by Governor Curley; that his vote was not necessary to the pardon of said Limon; that he had nothing to do with said pardon other than to cast his vote in the exercise of his discretion as a member of the Governor's Council. The defendant denies that he ever directly or indirectly did "solicit from said Maurice Limon the sum of $2500.00" or any sum in consideration of which he, the said Coakley, would arrange with the Parole Board for said Limon to leave the Commonwealth. The defendant therefore denies that he did "wilfully, wrongfully and corruptly abuse his official power and influence, and the authority of said office in an effort to secure private benefits to himself". The defendant further denies specially and categorically every allegation and innuendo set forth in Article 3, and denies further that he ever saw, to his knowledge, Maurice Limon in his life- time and denies absolutely that he ever had any conversation with Maurice Limon at any time. Article 4. The defendant, Daniel H. Coakley, incorporates by reference his answer or answers to Article 3 and denies that he ever stated to Maurice Limon that he could or would arrange with the Parole Board that Limon should have permission to leave the Common- wealth at a cost of $2500.00 to be paid by said Limon to the defendant, and the defendant denies the innuendo pleaded that "he intended to cause said Limon to believe that permission to leave the Commonwealth could be obtained only through the services, efforts and influence of said Coakley" and says that the conclusion of law that the defendant intended to defraud said Limon is unjustified, and the further allegation that the defendant did wilfully, wrongfully and corruptly prostitute his official power and influence and the authority of his said office for that purpose is based upon misinformation given to the Commission; that the defendant knew nothing about or concerning Limon's permission to leave the state, if he had such permission, or was guilty of any misconduct or mal-administration in his office of Governor's Councillor in relation thereto. As TO Articles 5, 6, 7, 8, 9,10 and 11 DEALING WITH THE PARDON UNDER PAROLE CONDITIONS OF ONE RAYMOND L. S. PATRIARCA, the defendant says generally that these Articles are not drawn in accordance with the simple rules of criminal pleading alleging facts and leaving to the Court to form its opinion upon the facts; but the allegations contain opinions and set forth conclusions which are prejudicial to the defendant and are in violation of his rights under Article 12 of the Bill of Rights of the Constitution of the Commonwealth, to wit, that "no subject shall be held to answer for any crimes or offense, until the same is fully and plainly, substantially and formally, described to him."

Article 5. As to Article 5 the defendant, Daniel H. Coakley, says that in December 1938, he was a member of the Governor's Council, serving his third term as councillor from the Fourth District; that in company with Lieut.-Governor Kelley, Councillors Lind- say and O'Connor he voted for the pardon of Raymond L. S. Patriarca. The defendant admits that he drew the petition for the pardon at the request of a friend and at the instance of Joseph Patriarca, brother of Raymond; that at the time both Patriarcas were strangers to him and he filled out the application for the pardon from information given to him by relatives and friends; that he never saw llayond Patriarca until after his release from State Prison. The defendant calls attention to the fact that he did not sign the petition but merely presented it because requested to do so by a relative by marriage — of Providence, in the State of Rhode Island. The defendant says that Governor Saltonstall ordered the Par- don and Parole Commission to hear the defendant on June 8, 1939, and he there disclosed to them fully his connection with said pardon as he had told the Governor and Council the night before Defendant denies that he wrongfully or corruptly prepared the petition. He dictated the petition as stated by him to the Commission. He denies specifically that in so doing there was any intention to deceive the Governor or members of the Council. He denies that on December 21, 1938, he improperly urged the Governor or solicited members of the Council improperly to vote in favor of said pardon.

Article 6. This Article charges in substance that the defendant appended to the petition for pardon a statement containing the intentional, false and misleading representation that "in the Dedham Court Wallbank and his secretary positively said that he (Patriarca) was not one of the men in the holdup", although he, the said Coakley, then knew that said Wallbank did twice identify the said Patriarca, once under oath in the Brookline Court as one of the persons implicated in the aforesaid holdup, had never testi- fied in the Dedham Court, and had merely said to the District Attorney that he could not identify the said Patriarca. This allegation is false and misleading in that the petition simply said "in the Dedham Court Wallbank and his secretary positively said that he (meaning Patriarca) was not one of the men in the holdup ". The defendant is informed and believes that Wallbank stated to the District Attorney in the Dedham Court House on the day when the case was reached for trial that he Wallbank could not identify Patriarca, nor did the defendant know that Wallbank had identified Patriarca in the Brookline Court or elsewhere. The defendant denies that he did wrongfully, corruptly prepare the petition. He denies that the statement above referred to was intentionally false and misleading and was inserted in the petition for the purpose of deceiving the Governor and members of the Council as to the merits of the petition. Article 7. This article charges that the petition prepared by the defendant contained an intentionally false and fraudulent statement, to wit, that "Rev. Father Gareni, of Quincy, is also anxious to express his opinion to the Governor, as well as Father Fagan of Provi- dence, his pastor". The statement that Father Fagan was Patriarca's pastor was a mistake and was corrected by him in his statement to the Commission and the Council. Defendant says that he may have been misinformed, but he only put into the petition statements that were given to him and he was told that Father Gareni would express his opinion to the Governor if called upon. He denies that he knew that these statements were false and that they were made for the purpose of deceiving the Governor and members of the Council.

Article 8. This article charges that the petition prepared by the defendant contained intentionally false and fraudulent representations, to wit, that "it is admitted by all that he, Patriarca, was wholly guiltless of the more serious offense of armed robbery", when the fact is that there was no such general admission and said Patriarca had pleaded guilty to said offense, all of which facts were known to said Coakley when he prepared the petition. The defendant says as to this charge that as appears in the petition "conferences with Mr. Dewing, District Attorney, he (Patriarca) and his attorney were told that if both defendants pleaded guilty that it would be arranged that a sentence from three to five years running concurrently with the Webster sentence would be recommended". The defendant further says that he was informed that in the Dedham Court, Chief Assistant District Attorney Arbuckle in answer to a question by Judge Williams said: — "We have not sufficient evidence to convict either of these defendants of the Brookline robbery and, therefore, we have consented in view of their pleading guilty to the robbery, as well as to the charge of larceny of an automobile, to have the sentences concurrent". And defendant further says that if the expression of opinion can be fairly attributed to him personally, although he did not sign the petition, he made it in good faith for the reasons above stated and on information received by him.

Article 9. This article charges in substance that the defendant "did cast a vote in the Council in favor of granting the pardon petition of one Raymond L. S. Patriarca — without which vote the said pardon could not have been granted, notwithstanding that he, the said Coakley, had actively interested himself in seeking to obtain such a pardon, etc." The defendant says, waiving the adjectives and expletives, that he admits that he cast his vote in favor of granting the pardon to said Patriarca, and says further whether his vote was more decisive than the vote of either Lieut.- Governor Kelley, Councillors O'Connor and Lindsay is a matter of opinion. The record will show that Councillors for the pardon voted in this order: — Lieut.-Governor Kelley — first, Lindsay — second, Coakley — third and O'Connor — fourth. The defendant further says that this Article contains no allegation of any particular act of misconduct or mal-administration 011 his part, except the casting of his vote in favor of the pardon and that this Article is simply a generalization, a conclusion or opinion of the pleader which he cannot answer more completely and, therefore, he says that he should not be called upon to answer further this Article and prays that he may be dismissed as to the same. The defendant says that his vote for said pardon petition was of no more importance than the votes of the other councillors. He denies that he voted for the pardon regardless of the merits thereof, and he says that he prepared the pardon petition and the so-called appended statement which may have contained some mistakes. He denies any of the alleged misrepresentations as to facts, if found therein, were known to him to be false. He denies that any statement was ever made by him with reckless disregard for the truth. Article 10. As to article 10, aside from the charging part, it alleges that on or about December 20, 1938, that the defendant did obtain through Francis Joseph Patriarca and Jere Gardner the signature of one Rev. Sixtus Brambilla to the statement appended to the pardon petition of one Raymond L. S. Patriarca by the false and fraudulent representations contained in said petition and appended statement which he, the said Coakley, had wilfully, wrongfully and corruptly prepared. The defendant admits that he prepared the petition and admits that the petition was brought to him with the signature annexed of the Rev. Sixtus Brambilla. Defendant says he did not procure the signature himself but he assumed, and had a right to assume, that the signature was genuine and properly obtained thereto. He denies that the signature was obtained or procured for the purpose of deceiving the Governor or members of the Council and to induce them to grant the pardon. The defendant denies that it can be fairly said that Francis Joseph Patriarca and Jere Gardner were persons engaged with him in seeking to obtain a pardon.

Article 11. As to article 11, it charges in the first paragraph a conspiracy between defendant, Joseph Patriarca, Clarence H. Wallbank and Jere Gardner to obtain by deceit a pardon for one Raymond L. S. Patriarca. The defendant denies that he so conspired. The defendant admits that he prepared the petition for pardon on information and belief. He says further that it was impossible for him to verify on the spot all the allegations contained in the petition or to witness the signing of the petition. Defendant says further as to "three consecutive sentences" see answer to Article 8. The second paragraph of Article 11 charges that the defendant in furtherance of the conspiracy set forth in the first paragraph wrongfully and corruptly prepared a petition with an appended statement for the pardon of Raymond L. S. Patriarca containing many intentional misrepresentations of facts worded so as to deceive the Governor and members of the Council. The defendant denies that there are any intentional, material misrepresentations of facts of any kind to his personal knowledge. He denies that the petition was worded for the purpose of deceiving the Governor and members of his Council. The third paragraph, in said Article 11, charges the defendant in further prosecution of his corrupt purposes, with the aid of his co-conspirators, did obtain the signature of one Sixtus Brambilla. This allegation has been answered in the answer to Article 10. The fourth paragraph, in Article 11, charges that the defendant unlawfully used his official power and influence to secure the release of Patriarca and alleges as a result public confidence in the execution of the pardoning power was impaired and the proper administration of penal institutions in the Commonwealth was impeded and the morale of prisoners seriously and adversely affected. The defendant denies all the allegations contained in this paragraph. He says further that defendant should not be compelled to answer opinions of the pleader, or epithets applied to Patriarca.

Article 12. This Article charges that the defendant did on divers days and times between the third day of June, 1939, and the twenty-third day of November, 1939, wilfully, wrongfully and corruptly handicap and impede the Commission duly established under the provisions of Chapters 12 and 37 of the Resolves of 1939, to investigate the granting of certain pardons and paroles by his interviewing and advising witnesses known to him to be under summons from said Commission, or who are likely to be called before it, in at least one instance by his urging a witness to testify falsely before said Commission whereby the dignity and authority of the General Court were offended and impugned. The defendant says that this Article does not charge him with an im- peachable offense in that it does not give the name of any witness to whom it is alleged he talked or advised, does not give the time and place of said alleged talk and advice, to which he is entitled under the provisions of Article 12 of the Bill of Rights of Massa- chusetts which provides:— "No subject shall be held to answer for any crimes or offense until the same is fully and plainly and substantially and formally described to him". He, therefore, prays that he may be dismissed as to this Article.

Article IS. Article 13 charges that the defendant did wrongfully and corruptly attempt to thwart and defeat the purposes of the General Court and the Commission to investigate certain pardons and paroles by stating to certain witnesses called or to be called to testify for the Commission that it was acting beyond its powers; that it had no right to summons witnesses or to put them under oath. This defendant says that this Article does not conform to the rules of criminal pleading in that it does not set forth the names of the witnesses to whom it is alleged he made statements and the time and place of such alleged statements so that he may be able to prepare and make his defense to the charges contained in said Article. Therefore, he says that this is not a proper statement of any charge against him and that he should be dismissed as to said Article. Article 14- Article 14, aside from the conclusions of law, charges that the defendant did wilfully, wrongfully and corruptly participate in and bring about the pardons of certain criminals by the abuse of the powers of his said office without due regard for the right and safety of the public, etc., etc. Defendant says that this is a blind omnibus clause or Article, and he is not informed as to who the "certain criminals" are and he can make no proper answer thereto or prepare his defense thereto; that the said Article is not a proper charge in a criminal impeachment. It is most unfair and unjust and in violation of Article 12 of the Bill of Rights. Therefore, he prays as to this Article he be dismissed as he can make no answer to the opinions of the Commission or the drawers of these Articles of impeachment. Defendant in final answer to the fourteen articles of impeachment exhibited against him by the Board of Managers of the House of Representatives calls attention of the Court to the

OPINION OF THE JUSTICES TO THE GOVERNOR AND COUNCIL 190 Mass. 616 in answer to the question: — "Is the Governor of the Commonwealth, upon presentation to him of a petition for the pardon of a person convicted of a crime and duly sentenced therefor, or for commutation of the sentence so imposed upon such person, required as a matter of law to refer such petition to the Executive Council or to submit the same for the consideration of said Council? "As to this class of cases, where the Constitution declares that the power to act is in the Governor, or that the act may be done by the Governor, 'by and with the advice of council,' or 'by and with the advice and consent of the council,' we are of opinion that the responsibility rests primarily upon the Governor to determine, as the supreme executive magistrate, whether any action is called for, and what action, if any, is desirable; and that the provision for advice of the Council is a requirement that their approval and concurrence shall accompany the affirmative act and enter into it before it becomes complete and effective. . . . Whether the Governor takes advice or not, his conclusion must rest finally upon his own judgment. Inasmuch as the responsibility for his determination, with or without advice, must rest upon him, both in the beginning and forever after, the natural course of proceeding would seem to be that he should seek such aid as he might desire from any proper source, and not be obliged to ask advice, in the first instance, from an official body whose opinion could never relieve him from the duty of deciding. "So, as to pardons, 'the power of pardoning offences . . . shall be in the governor.' But this power can be exercised only ' by and with the advice of council.' If the Governor does not think it his duty to exercise it, he has no occasion to take the advice of the council. If he should consult them and they should unanimously advise him to pardon, it would not be his duty to act unless he himself should think that he ought to exercise his power. It was not intended that he should be obliged to bring before the Council an application for pardon when he was plainly of opinion that no pardon should be granted. Nothing could ever be gained by asking the Council to give advice under such conditions. "The requirement that their advice shall always be made a matter of record, open to either branch of the Legislature, does not indicate that they should necessarily be called upon, at the outset, to advise the Governor as to whom he should appoint to office, or what convicts he should pardon. "Of course, upon such questions, as well as upon others, the Governor may seek information and advice from any proper source. There may be cases in which an investigation by a committee of the Council may be suggested by the Governor, as a convenient mode of ascertaining facts. But we think it plain that, in determining in the first place whether he ought to attempt to exercise the power of pardon, the Governor may choose his own method of reaching a conclusion, without submitting the matter to the Council." Respectfully submitted, DANIEL H. COAKLEY. The replication of the House of Representatives, having been filed with the Clerk on Thursday, August 21, was as follows to wit: —

REPLICATION OF THE MANAGERS OF THE IMPEACHMENT, ON BEHALF OF THE HOUSE OF REPRESENTATIVES TO ' THE ANSWER OF THE RESPONDENT, DANIEL H. COAKLEY. The Managers of the Impeachment, on behalf of the House of Representatives, of the Commonwealth of Massachusetts, having considered the Answer of the respondent, Daniel H. Coakley, to the Articles of Impeachment preferred against him by the House of Representatives, in its own name and in the name of all the people of this Commonwealth, without admitting the sufficiency of the said Answer as a defense to said Articles of Impeachment, or any of them, preferred as aforesaid, nevertheless, for replication thereto aver as follows: (1) That the Answer of the said Daniel H. Coakley, except in so far as it purports to contain a general denial of the allegations in said Articles of Impeachment, fails to allege a sufficient answer or defense to any or all the charges contained in said Articles. (2) That each and every allegation in said Answer in so far as it is contradictory to the allegations in the Articles of Impeach- ment is untrue and is denied in so far as it is material. (3) That in the said Answer the said Daniel H. Coakley by means of irrelevant, evasive, misleading, immaterial and un- truthful allegations has attempted to obscure and conceal the misconduct and maladministration in office with which he is charged in the Articles of Impeachment preferred against him by the House of Representatives. (4) And the Managers of the Impeachment, on behalf of the House of Representatives of the Commonwealth of Massachu- setts, do aver that the charges made in said Articles of Impeach- ment against said Daniel H. Coakley are true and that the said Daniel H. Coakley is guilty of the misconduct and maladministration in office of which he stands impeached. BENJAMIN B. PRIEST, H. EDWARD SNOW, GEORGE A. PARKER, WILLIAM M. HYDE, JOSEPH H. DOWNEY, Managers of the Impeachment, on Behalf of the House of Representatives.

ROBERT T. BUSHNELL, Attorney General of the Commonwealth of Massachwetts, Attorney for the Managers of the Impeachment. Mr. Lewis announced that Messrs. Francis E. Rafter, Gael Coakley, Daniel H. Coakley, Jr. and James H. Kenney would respondent, assist him as counsel for the respondent. At three minutes past one o'clock P.M., the President declared Roce8a- a recess; and at seven minutes past two o'clock P.M. the Senate re-assembled. After proceedings as a court of impeachment, as stated in the Proolai&atioa. record, the Sergeant-at-Arms, by direction of the President, made proclamation that the Senate, sitting as a court of impeachment, was adjourned until 10 o'clock A.M., on the following day. The Senate then resumed its legislative business.

Without proceeding to consideration of the Orders of the Day, —• on motion of Mr. Grant, at one minute past four o'clock P.M. the Senate adjourned, to meet on the following day at ten o'clock A.M. TUESDAY, August 26, 1941. Met according to adjournment.

PAPER FROM THE HOUSE. BoLC-tro1 ,The Senate concurred in the suspension of Joint Rule 12 with •xtoMion. reference to a House petition (accompanied by bill, House No 2850) of Rudolph F. King for legislation to further extend the term of office of the Milk Control Board; and the petition was returned to the House endorsed accordingly.

Impeachment Proceedings. Impeachment of Daniel H. On motion of Mr. Hollis, legislative business was suspended, Coakley. and the Senate proceeded to the pending trial of impeachment; and the House was notified thereof. The Board of Managers of the House of Representatives, accompanied by Counsel, and the Respondent, accompanied by Counsel, came in and took their respective seats. Proclamation. Proclamation was made by the Sergeant-at-Arms as hereinbe- fore recorded. After proceedings as a court of impeachment, as stated in the record, at two minutes past one o'clock P.M., the President declared a recess; and at two o'clock P.M. the Senate re-assembled. Prool&mation. After further proceedings as a court of impeachment, as stated in the record, the Sergeant-at-Arms, by direction of the President, made proclamation that the Senate, sitting as a court of impeachment, was adjourned until ten o'clock A.M., on the following day. The Senate then resumed its legislative business.

Without proceeding to consideration of the Orders of the Day, — on motion of Mr. Giroux, at seven minutes past four o'clock P.M. the Senate adjourned, to meet on the following day at ten o'clock A.M. WEDNESDAY, August 27, 1941.

Met according to adjournment (Mr. Hunt in the Chair).

Impeachment Proceedings.

On motion of Mr. Johnston (the President having taken the Impeachment Chair), legislative business was suspended, and the Senate pro- coakiey6'H' ceeded to the pending trial of impeachment; and the House was notified thereof. The Board of Managers of the House of Representatives, accompanied by Counsel, and the Respondent, accompanied by Counsel, came in and took their respective seats. Proclamation was made by the Sergeant-at-Arms as herein- Proclamation, before recorded. After proceedings as a court of impeachment, as stated in the Recess, record, at one minute past eleven o'clock A.M., the President declared a recess; and at seven minutes past one o'clock P.M the Senate re-assembled. After further proceedings as a court of impeachment, as stated Proclamation, in the record, the Sergeant-at-Arms, by direction of the President, made proclamation that the Senate, sitting as a court of impeachment, was adjourned until ten o'clock A.M., on the following day. The Senate then resumed its legislative business.

Without proceeding to consideration of the Orders of the Day, — on motion of Mr. Blanchard, at four minutes past four o'clock P.M. the Senate adjourned, to meet on the following day at ten o'clock A.M. THURSDAY, August 28, 1941.

Met according to adjournment.

Impeachment Proceedings. iTESStTn* m°ti°n °f Mr. Krapf, legislative business was suspended, Coakley. and the Senate proceeded to the pending trial of impeachment; and the House was notified thereof. The Board of Managers of the House of Representatives, accompanied by Counsel, and the Respondent, accompanied by Counsel, came in and took their respective seats. Proclamation. Proclamation was made by the Sergeant-at-Arms as hereinbe- fore recorded. Recees. After proceedings as a court of impeachment, as stated in the record, at two minutes before one o'clock P.M., the President declared a recess; and at four minutes past two o'clock P.M. the Senate re-assembled. Proclamation. After further proceedings as a court of impeachment, as stated in the record, the Sergeant-at-Arms, by direction of the President, made proclamation that the Senate, sitting as a court of impeachment, was adjourned until ten o'clock A.M., on the following Wednesday. The Senate then resumed its legislative business.

Order Adopted. Senate, — On motion of Mr. Hunt, — next session, etc. Ordered, That when the Senate adjourns today it adjourn to meet tomorrow at eleven o'clock A.M.; and that when the Senate adjourns tomorrow it adjourn to meet on the following Wednes- day. PAPER FROM THE HOUSE. Milk Control A Bill further extending the term of office of the Milk Control Board, — extension. Board (House, No. 2850, on the petition of Rudolph F. King) (the same having been considered jointly, under authority of Joint Rule 1, by the committees on Ways and Means of the two branches), — was read. The rules were suspended, on motion of Mr. Johnston, and the bill was read a second time and a third time and passed to be engrossed, in concurrence.

Emergency Preamble Adopted. id. An engrossed Bill further extending the term of office of the Milk Control Board (see House, No. 2850), —was laid before the Senate; and, a separate vote being taken in accordance with the requirements of Article LXVII of the Amendments to the Constitution, the preamble was adopted, in concurrence, by a vote of 12 to 0. The bill was signed by the President and sent down for enactment. Engrossed Bill.

An engrossed Bill further extending the term of office of the B>n laid Milk Control Board (which originated in the House), — was kefore passed to be enacted and was signed by the President and laid ovemcr- before the Governor for his approbation. Without proceeding to consideration of the Orders of the Day, — on motion of Mr. Johnston, at twenty-four minutes past four o'clock P.M. the Senate adjourned, to meet on the following day at eleven o'clock A.M. FRIDAY, August 29, 1941. Met according to adjournment (Mr. Bowers in the Chair). A quorum not being present, on motion of Mr. Dolan, at two minutes past eleven o'clock A.M. the Senate adjourned, to meet on the following Wednesday at ten o'clock A.M.