THURSDAY, AUGUST 1, 1957. 1341

T h u r s d a y , August 1, 1957. Met according to adjournment. The following prayer was offered by the Reverend Richard B. Gibbs of Belmont: — Almighty God, make us to feel that we are not alone; that when Prayer ordered we are seeking truth most sincerely, when we are speaking truth pimted' most bravely, we are least alone. A great cloud of witnesses are about us, a great company of the like-minded are with us. So in our journey we are companioned by all those who have loved righteousness and sought truth and clone justice. Amen. On motion of Mr. Mahar, the above prayer was ordered printed in the Journal of the Senate. Bills Recalled from the Governor. On motion of Mr. Graham, it was voted that a message be sent foaldoTrWs- to His Excellency the Governor requesting the return to the Sen- tration, etc. ate of the engrossed Bill relative to membership of the Board of Registration of Professional Engineers and of Land Surveyors, and regulating the practice of professional engineering and of land surveying (see Senate, No. 698, amended). Mr. Graham was appointed the messenger. Subsequently, the bill was returned. On motion of Mr. Keith) it was voted that a message be sent aSyT to His Excellency the Governor requesting the return to the Senate of the engrossed Bill providing that certain cities and towns may establish by ordinance the weekly hours of duty of perma­ nent fire fighters at less than forty-eight hours (see House, No. 2967). Mr. Keith was appointed the messenger. Subsequently, the bill was returned. Reports of Committees. By Mr. Mahar, for the committee on Ways and Means, that L^diuonaT’ the House Bill authorizing the State Airport Management Board hangars, etc. to build four additional hangars and an air freight terminal at General Edward Lawrence Logan Airport and to enter into a lease therefor (House, No. 3277, amended), — ought to pass, with an amendment striking out section 1, as amended, and inserting in place thereof the following new section: — “S e c t io n 1. The commissioner of airport management is hereby authorized and directed to further develop the General Edward Lawrence Logan International Airport by having built thereon four hangars and an air freight terminal, with the approval of the state airport management board and of the Massachusetts port authority, and said board and said authority shall specify satisfactory plans and specifications for and satisfactory locations of the proposed 1342 JOURNAL OF THE SENATE, hangars and freight terminal; provided, however, that before any money provided for by this act is expended for any purpose what­ soever said commissioner shall secure binding leases for terms of not more than twenty-five years, with the approval of the governor and council, and of the Massachusetts port authority, with respon­ sible air transportation companies providing, in addition to all other airport charges, an annual hangar and freight terminal rental thereunder sufficient to amortize the total cost of such hangars and air freight terminal, including the interest provided for in section two of this act, within the terms of such leases, pro­ vided, further, that the provisions of this act shall not permit the extension of the General Edward Lawrence Logan International Airport toward the town of Winthrop or the mainland of the East Boston district of the city of Boston; nor shall any hangars or buildings authorized by this act be constructed west of the existing Eastern Airline’s hangar. Said leases shall provide that upon the airport properties being transferred to the Massachusetts port authority the annual hangar and freight terminal rental shall be proportionately increased by that amount, if any, by which the interest on bonds issued by the said authority for the purpose of acquiring the airport property exceeds the interest provided for in section two of this act, so that any such increase in interest shall be borne in the aggregate by the lessees hereunder. No such lease shall be assigned or transferred except with the approval of the governor and council, and of said authority; and, by the Massa­ chusetts port authority after the transfer of the airport properties to said authority.” (Senators Fleming, Umana and Gibney dis­ senting); and Bristol, Essex and Norfolk By Mr. Graham, for the same committee, that the House Bill counties, —• school con­ making the counties of Bristol, Essex and Norfolk eligible for struction State school construction grants for the construction and enlarge­ grants. ment of certain agricultural schools in said counties (House, No. 2908, amended), — ought to pass, with amendments in section 5, striking out, in line 30, the word “one-third” and inserting in place thereof the word “one-fourth”; and striking out, in line 36, the word “twenty-five” and inserting in place thereof the word “twenty”; Severally placed in the Orders of the Day for the next session for a second reading, with the amendments pending. mittee onWays By Mr. Mahar, for the same committee, on the Senate Bill au- and Means, — thorizing the Department of Natural Resources to establish a recess study, recreational area in the town of Adams (Senate, No. 11); the Senate Bill relative to the reallocation in the salary schedule for the pay plan of the Commonwealth of certain positions in the Division of Employment Security (Senate, No. 120); the Senate Bill establishing the salary of the Adjutant General of the Com­ monwealth (Senate, No. 408, changed); the Senate Bill increas­ ing the salaries of judges of probate and insolvency (Senate, No. 423); the Senate Bill providing for the payment by municipalities of increased sums for the funeral and burial expenses of certain poor and indigent persons and for State reimbursement therefor in un­ settled cases (Senate, No. 610); the Senate Bill relative to salaries THURSDAY, AUGUST 1, 1957. 1343 of the members of the Board of Registration of Hairdressers (Sen­ ate, No. 661); the Senate Bill providing for reimbursement by the Commonwealth to cities and towns of part of the cost of cer­ tain public assistance, and for payment of all the costs of such public assistance in certain cases, and abolishing “settlements” with reference to applicants for and recipients of such assistance (Senate, No. 726); the Senate Bill increasing the salaries of the members of the Board of Registration of Barbers (printed as House, No. 1063, changed); the Senate Resolve authorizing and directing the Department of Public Works to make an investi­ gation and study relative to the costs of constructing a highway including a bridge or tunnel over a portion of Boston Harbor connecting the north and south shores (Senate, No. 255); the re­ committed Senate Resolve establishing an unpaid special commis­ sion to make an investigation and study relative to the salaries of certain justices and court officers (Senate, No. 668); the House Bill increasing the salary of the Commissioner of Education (House, No. 23, changed and amended); the House Bill increas­ ing the compensation of members of minimum wage boards (House, No. 42); the House Bill providing for salary adjustments for members of the board of review in the Division of Employment Security (House, No. 285, amended); the House Bill providing for an increase in the salaries of the chairman and members of the Industrial Accident Board (House, No. 569, changed); the House Bill authorizing the Department of Natural Resources to estab­ lish a State park in the area of Indian River and Indian Pond in the towns of Pembroke and Hanover (House, No. 740); the House Bill authorizing and directing the Metropolitan District Commis­ sion to take certain land in the Dorchester district of the city of Boston by eminent domain and to construct and maintain a play­ ground and recreational facility thereon (House, No. 1634); the House Bill increasing the salaries of the assistant commissioner and associate commissioners of the Department of Labor and In­ dustries (House, No. 1670, changed); the House Bill to adjust the salaries of the chairman and members of the Appellate Tax Board (House, No. 1917, changed); the House Bill increasing the salary of the Director of Civil Service (House, No. 1919, changed); the House Bill adding a representative of labor to the advisory com­ mittee on correction and to permit voluntary work for the Com­ monwealth by certain inmates of correctional institutions (House, No. 2869); the House Bill increasing the salary of the Secretary of the Judicial Council (House, No. 3050); the recommitted House Bill providing for enlargement of the Commonwealth scholarship program (House, No. 3059, amended); the House Bill providing tenure for certain employees of the Commonwealth after three years’ service (House, No. 3139, amended); the House Bill rela­ tive to certain scholarships (printed in House, No. 3188, App. K); the House Bill relative to establishing a mobile blood collection unit (House, No. 3191); the House Bill providing for the appoint­ ment of certain personnel to State schools under the control of the Department of Mental Health (House, No. 3208); the House Bill establishing a procedure for disposing of certain grievances of employees of the Commonwealth (House, No. 3234); the House 1344 JOURNAL OF THE SENATE, Bill restricting the allocation of any increase in grants to the Commonwealth by the federal government to the recipients of aid (House, No. 3241); the House Bill establishing the medical, dental and nursing scholarship board (House, No. 3253); the House Bill to provide for the establishment of an office of public employees in the Division of Industrial Accidents (House, No. 3276); the petition (accompanied by bill, Senate, No. 418) of Maurice A. Donahue for legislation relative to the salaries of the superintendents of the Soldiers’ Home in Massachusetts and the Soldiers’ Home in Holyoke; and the petition (accompanied by bill, Senate, No. 429) of Frederick T. McDermott for legislation to increase the salaries of the members of the Labor Relations Commission, an Order relative to authorizing the Senate com­ mittee on Ways and Means to sit during the recess of the General Court for the purpose of making an investigation and study rela­ tive to the subject matter of certain Senate and House documents (see Senate, No. 777); Read, and the order referred, under Joint Rule 29, to the com­ mittees on Rules of the two branches, acting concurrently. South Metropolitan By Mr. Beades, for the committee on Metropolitan Affairs, on Sewerage a part of the report of the special commission, a Bill providing District, — additional additional funds to cover the cost of certain sewerage works within funds. the South Metropolitan Sewerage District, the acceptance of federal aid for such works, and providing for assessments to be paid by the town of Randolph (printed in Senate, No. 775, App. A); Read and, under the rule, referred to the committee on Ways and Means. Special com­ mission on By the same Senator, for the committee on Metropolitan Affairs, North and on a part of the report of the special commission, a Resolve reviving South Metro­ politan Sewer and continuing the special commission established for an investi­ Districts, —• gation and study relative to the systems of sewerage and sewage revival, etc. disposal in the North and South Metropolitan Sewerage Districts and the city of Boston, and the water systems in said districts (printed in Senate, No. 775, App. B); Read and, under Joint Rule 29, referred to the committees on Rules of the two branches, acting concurrently. Department of Commerce, —• By Mr. Hedges, for the committee on Ways and Means, that new divisions. the House Bill creating a division of promotion and a division of regional economy within the Department of Commerce, and providing for an additional deputy commissioner for the Depart­ ment of Commerce (House, No. 2998), — ought n o t to pass; Read, and the bill placed in the Orders of the Day for the next session, the question being on rejecting it. Reconsideration. Lynn,— On motion of Mr. Hogan, by a vote of 14 to 11, the Senate annuity to reconsidered the vote by which, at the preceding session, it had Mary J. Kane. rejected, as previously had been recommended by the committee THURSDAY, AUGUST 1, 1957. 1345 on Municipal Finance on the part of the Senate, the House Bill authorizing the city of Lynn to pay an annuity to Mary J. Kane (House, No. 548). On the recurring question, the Senate refused to reject the bill, as previously had been recommended by the committee on Municipal Finance on the part of the Senate; and, under the rule, it was placed in the Orders of the Day for the next session for a second reading. Petition. Fill over Mr. Mullen presented a petition (accompanied by bill) of Arthur tidewaters, — J. Mullen for legislation to provide that certain licenses granted irrevocable by the Commonwealth for the purpose of placing and maintaining licenses. fill over certain tidewaters be irrevocable; and the same was re­ ferred, under a suspension of Joint Rule 12, moved by the same Senator, to the committee on Harbors and Public Lands. Sent down for concurrence. Resolutions. Death of Mrs. Messrs. Mahar and Donahue offered “Resolutions on the death William Q. of Mrs. William G. Dwight” (Senate, No. 778); and, under the Dwight. rule, they were referred to the committee on Rules. Subsequently, Mr. Olson, for the said committee, reported that the resolutions ought to be adopted; and they were considered forthwith, under a suspension of the rule, moved by Mr. Mahar, and adopted. P a p e r s f r o m t h e H o u s e . Children, — The Senate Bill relative to the ability of children to contribute support of dis­ support to parents who are recipients of assistance to disabled abled parents who are re­ persons, and increasing the amount of cash a recipient of assistance cipients of for disabled persons may possess (Senate, No. 727, amended), — assistance. came up, passed to be engrossed, in concurrence, with an amend­ ment in section 3, inserting after the word “living”, in line 22, the words “with or”. The rule was suspended, on motion of Mrs. Cutler, and the amendment was considered forthwith and was adopted, in con­ currence. Land taken The Senate Bill providing that the Real Estate Review Board for highway shall determine the amount to be paid for public lands taken for purposes, — highway purposes (Senate, No. 763), — came up, passed to be payments. engrossed, in concurrence, with amendments inserting after the word “park”, in lines 9 and 10, respectively, the words “ or beach”. The rule was suspended, on motion of Mr. Ferguson, and the amendments were considered forthwith and were adopted, in con­ currence. The Senate Bill placing certain employees in the office of the probation Commissioner of Probation under the salary schedule for State 2Sp“yees°—': salary schedule. 1346 JOURNAL OF THE SENATE employees (printed in House, No. 3155), — came up, passed to be engrossed, in concurrence, with the following amend­ ments : — In section 1, striking out, in lines 4 and 13, and in section 2, striking out, in lines 11 and 19, respectively; the word “assist­ ants” and inserting in place thereof, in each instance, the word “employees”. The rule was suspended, on motion of Mr. Keith, and the amendments were considered forthwith and were adopted, in concurrence. Commission on audit of State The Senate Resolve increasing the scope of the commission on needs, —• in­ audit of State needs (Senate, No. 748), — came up, passed to be creased scope. engrossed, in concurrence, with an amendment striking out, in line 13, the words “December thirty-first” and inserting in place thereof the words “January fifteenth”. The rule was suspended, on motion of Mr. Hays, and the amendment was considered forthwith and was adopted, in con­ currence. Remanding of Notice was received that the House Bill providing for remanding tort actions. of tort actions pending in the Superior Court to a municipal or district court for trial by the Superior Court or on motion of the parties (House, No. 3327, amended) (new draft of recommitted House Bill No. 3290), — had been referred by the House to the next annual session. Housing for elderly per­ A special report of the Commissioner of Administration (under sons, — vali­ authority of Section 7 of Chapter 7 of the General Laws, as dation of amended by Chapter 610 of the Acts of 1948) recommending approval. legislation relative to validation of the approval of additional housing projects for the housing of elderly persons in certain towns (House, No. 3322), — was referred, in concurrence, to the committee on Mercantile Affairs. Lowell city council and A House petition (accompanied by bill, House, No. 3331) of school com­ mittee, — Samuel S. Pollard (mayor), Cornelius T. Finnegan, Jr., and election by others (by vote of the city council) that provision be made for plurality the nomination of members of the city council and school com­ voting. mittee of the city of Lowell by preliminary elections and providing for their election by ordinary plurality voting, — was referred, in concurrence, under a suspension of Joint Rule 12, to the com­ mittee on Cities. Engrossed Bills and Resolves. The following engrossed bills (the first four of which originated in the Senate) were severally passed to be enacted, to wit: — Bills laid before Authorizing the Metropolitan District Commission to construct Governor. certain drainage and flood control facilities along the West End Brook in the city of Malden (see Senate, No. 339); Placing the office of chief of police of the town of Auburn under the civil service laws (see Senate, No. 742); THURSDAY, AUGUST 1, 1957. 1347 Authorizing the town of Somerset to acquire water and other property for the purpose of increasing its water supply (see Senate, No. 744, amended); Providing that a committee of the Executive Council shall hold public hearings, if so requested, on certain appeals from decisions of the Commissioner of Veterans’ Services (see Senate, No. 759); To clarify the law with regard to the taxation of the income of trusts (see Senate, No. 733); Requiring a license for the harvesting of timber or other forest products for hire or profit on land devoted to forest purposes (see Senate, No. 745, amended); Relative to the apportionment of the payment of pensions of probation officers in the Superior Court (see'Senate, No. 74G); Increasing the amount to be added under the Workmen’s Com­ pensation Act to the compensation of injured employees who have dependents (see Senate, No. 764); Authorizing and directing the Department of Public Works to clean, dredge and widen the so-called Montgomery Street Brook in the city of Chicopee (see House, No. 154, amended); Further regulating the licensing of persons engaged in the con­ struction of elevators, moving stairways and dumbwaiters and establishing a board of examiners therefor (see House, No. 280, changed and amended); Relative to the membership of the State Boxing Commission and the designation of a chairman thereof (see House, No. 1055); Authorizing and directing the Department of Public Works to construct bicycle paths adjoining the State highway in the county of Nantucket (see House, No. 2051, changed and amended); Authorizing the town of Scituate to construct and operate a system of sewers (see Idouse, No. 2822, amended); Authorizing the Department of Mental Health to lease land at institutions under its control for the erection of chapels thereon (see House, No. 3204, amended); and Authorizing the city of Fitchburg to increase the pension of John E. Healey (see House, No. 3268). The following engrossed resolves (all 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: — Increasing the scope of the commission on audit of State needs Resolves (see Senate, No. 747); j?ld before Increasing the scope of the special commission established to make an investigation and study relative to junior or community colleges (see Senate, No. 755); Providing for an investigation by the Judicial Council relative to certain matters pertaining to the taking of land by eminent domain (see Senate, No. 757); and Providing for an investigation and study by an unpaid special commission relative to the creation of a metropolitan district and a metropolitan planning council, and certain related matters (see Senate, No. 760). 1348 JOURNAL OF THE SENATE Orders of the Day. The Orders of the Day were taken up. Certain blind persons, — The Senate Bill providing for the payment of an annual grant retirement pay. to certain blind persons employed in a workshop for the training and employment of the blind upon being relieved of such employ­ ment (Senate, No. 776), — was passed to be engrossed. Sent down for concurrence. Streets near Soldiers’ Home The House Bill authorizing the Department of Public Works in Chelsea, — to improve certain streets in the vicinity of the Soldiers’ Home in improvement the city of Chelsea (House, No. 1157), — was considered; and by State. the Senate refused to pass it to be engrossed, in concurrence, with the amendment previously adopted by the Senate. Natick, — payments to The House Bill authorizing the town of Natick to pay certain Joseph Saviano medical expenses of Joseph Saviano and Joseph H. Kelly, em­ and Joseph H. ployees of said town (House, No. 3317), was read a second time Kelly. and ordered to a third reading. The rules were suspended, on motion of Mr. Parker, and the bill was read a third time and passed to be engrossed, in concurrence. Framingham, The House Bill authorizing the town of Framingham to retain — veterans’ land acquired for veterans’ housing (House, No. 3319),— was housing land. read a second time and ordered to a third reading. The rules were suspended, on motion of Mr. Tuckerman, and the bill was read a third time and passed to be engrossed, in concurrence. Bill. The Bill relating to the Northborough-Southborough Regional School District (House, No. 3320), — was read a second time and ordered to a third reading. Special com­ mission on The House Resolve reviving and continuing and increasing the transportation membership and scope of the special commission established to service of New York, New make an investigation and study relative to the continuation of Haven & Hart­ ford Railroad the transportation service in the areas served by the New 4ork, Company, — New Haven & Hartford Railroad Company (House, No. 2914), — revival, etc. was read a third time and passed to be engrossed, in concurrence, with the amendment previously adopted by the Senate, which was sent down for concurrence.

Tonda C. The House Bill providing for the payment by the Common­ Haynes, — wealth of a sum of money to Tonda C. Haynes of South \ armouth claim. (House, No. 924, changed), — was considered; and, pending the question on ordering it to a third reading, the further considera­ tion thereof was postponed, on motion of Mr. Stone, until the remaining matters passed for consideration in the Orders of the Day had been disposed of. . , . Subsequently, the remaining matters passed for consideration in the Orders of the Day having been disposed of, the bill was further considered; and it was amended, on further motion ot the same Senator, as follows: THURSDAY, AUGUST 1, 1957. 1349 By striking out all after the enacting clause and inserting in place thereof the following: — “S e c t io n 1. Tonda C. Haynes of South Yarmouth may bring a petition within one year after the passage of this act against the commonwealth under the pro­ visions of chapter two hundred and fifty-eight of the General Laws that the court determine (1) whether there was negligence or other fault or violation of duty on the part of the commonwealth or any of its department heads, officials, employees, consultants, agents or servants in the construction of Route 6 in the town of Truro or elsewhere, whether in the failure to provide adequate facilities for the control of the tidal or other waters of the Pamet river or other­ wise with the result that those waters inundated and caused damage to her land or crops, or both, and (2) the amount of dam­ ages sustained or to be sustained by her as a result of any such negligence, fault or violation of duty. “S e c t io n 2. This act shall take effect upon its passage.”; and by striking out the title and inserting in place thereof the follow­ ing:— “An Act granting the consent of the Commonwealth to a petition by Tonda C. Playnes.” Under the rule, the bill was placed in the Orders of the Day for the next session, the question being on ordering it to a third reading. The Bill increasing the minimum fair wage rate (Senate, No. Minimum fair 299), —was considered, the question being on referring it to the wa80rate- next annual session, as previously had been recommended by the committee on Ways and Means. Mr. Mahar moved that the further consideration thereof be postponed until the next session; and this motion was negatived. The same Senator then asked unanimous consent to consider the bill as not having been acted upon; but objection thereto was made. The question on referring the bill to the next annual session, as previously had been recommended by the committee on Ways and Means, was then determined by a call of the yeas and nays, as follows, to wit: — Y eas. Bowker, Philip G. Keith, Warren S. Burkhardt, Otto F. Lamson, Fred Cutler, Leslie B. Lundgren, Harold R. Gibbs, Donald L. Olson, Charles W. Graham, Philip A. Parker, John F. Hays, William E. Stone, Edward C. Holmes, Newland H. Yerxa, John E. — 14.

N ays. Beades, John J. Hennigan, James W., Jr. Benoit, Paul H. Hogan, Charles V. Canavan, Harold W. McCann, Francis X. Conte, Silvio 0. McDermott, Frederick T Donahue, Maurice A. Mullen, Arthur J. Fleming, William D. Powers, John E. Fonseca, Mary L. Stanton, Elizabeth A. Foster, A. Frank Umana, Mario Gibney, Joseph F. Wall, William X. — 18. 1350 JOURNAL OF THE SENATE

N ays. Charles W. Hedges, Stanley J. Zarod (present). Herbert S. Tuckerman (present), Edward J. DeSaulnier, Jr. Charles S. Marston, 3d, Charles E. Ferguson (present). Ralph C. Mahar (present), James J. Corbett — 8. So the Senate refused to refer the bill to the next annual session. Under the rule, the bill was placed in the Orders of the Day for the next session for a second reading. Senate The Senate Bill relative to the retirement of certain justices bill. appointed after July thirty-first, nineteen hundred and fifty-six (Senate, No. 641),— was read a third time and passed to be engrossed. Sent down for concurrence. Sanitary code, — es­ The House Bill authorizing the Department of Public Health tablishment. to establish a sanitary code (House, No. 3301), — was read a third time and was amended in section 1, on motion of Mr. Yerxa, by striking out, in lines 38 and 39, the words “, except, however, that such rules and regulations may be more restrictive than the provisions of the sanitary code”. Under the rule, the bill, was placed in the Orders of the Day for the next session, the question being on passing it to be en­ grossed, in concurrence, with the amendment. On motion of Mr. Mullen (Mr. Olson being in the Chair), at twelve minutes before one o’clock p .m . the Senate adjourned, to meet on the following Monday at one o’clock p .m . MONDAY, AUGUST 5, 1957. 1351

M o n d a y , August 5, 1957. Met according to adjournment. The following prayer was offered by the Reverend Mason F. McGinness of East Braintree: — We give thanks, O God, for the return of the rain and the re­ Prayer newal it brings to the parched earth. ordered May we learn that life also has its sources of renewal of the printed. human spirit and may our hearts be intent upon the nourishment of those deep roots that enable us to face each day’s work with new faith and trust in the achievement of our highest aims. May details not belittle us and difficulties not submerge us. But may the vision of new fife and growth for our Commonwealth inspire us and give strength to our daily endeavors. Amen. On motion of Mrs. Cutler, the above prayer was ordered printed in the Journal of the Senate. Bills Recalled from the Governor. On motion of Mr. Burkhardt, it was voted that a message be Women and children in sent to His Excellency the Governor requesting the return to the industry, — Senate of the engrossed Bill further regulating the meal period re­ meal period. quirement of employed children and employed women in certain industries (see Senate, No. 673). Mr. Burkhardt was appointed the messenger. Subsequently, the bill was returned. On motion of Mr. Hays, 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 Providing that gifts of money made to a recipient of old age Old age assistance assistance or to a person or institution in his behalf for the purpose recipients, — of providing extra care or medical or hospital treatment shall not gifts of money. be deducted from his regular allowance (see House Bill printed as Senate, No. 96, amended); Anna J. Woods, Relative to the retirement allowance of Anna J. Woods (see — retirement House, No. 1642); and allowance. Retirement law, Providing that certain provisions of the contributory retire­ — maximum ment law relating to maximum age for employment be made age for em­ retroactive (see House, No. 1661, amended). ployment. Mr. Hays was appointed the messenger, in each instance. Sub­ sequently, the bills were severally returned. Motor boats, — On motion of Mrs. Cutler, it was voted that a message be sent penalty for to His Excellency the Governor requesting the return to the Sen­ reckless opera­ ate of the engrossed Bill providing a penalty for the reckless or tion. negligent operation of motor boats so that the property of others might be damaged (see House, No. 281, amended). Mrs. Cutler was appointed the messenger. Subsequently, the bill was returned. 1352 JOURNAL OF THE SENATE, Swampscott, — reimbursement On motion of Mr. Gibney, it was voted that a message be sent of certain to His Excellency the Governor requesting the return to the Senate abuttors. of the engrossed Bill providing that the Commonwealth reimburse certain abuttors for expense incurred by them in replacing a sea wall in the town of Swampscott (see House, No. 2540). Mr. Gibney was appointed the messenger. Subsequently, the bill was returned. Board of Registration of On motion of Mr. Keith, it was voted that a message be sent to Barbers, — His Excellency the Governor requesting the return to the Senate membership. of the engrossed Bill providing that the secretary of the Board of Registration of Barbers shall not be a member of said board (see House, No. 2896, amended). Mr. Keith was appointed the messenger. Subsequently, the bill was returned. Reports of Committees. Special com­ mission on By Mr. Donahue, for the committees on Rules of the^ two North and South Metro­ branches, acting concurrently, that the Senate Resolve reviving politan Sewer and continuing the special commission established for an investi­ Districts, — gation and study relative to the systems of sewerage and sewage revival, etc. disposal in the North and South Metropolitan Sewerage Districts and the city of Boston, and the water systems in said districts (printed in Senate, No. 775, App. B), ought to pass; Referred, under the rule, to the committee on Ways and Means. Senate com­ mittee on Ways By Mr. Parker, for the committees on Rules of the two branches, and Means, — acting concurrently, that the Senate Order relative to authorizing recess study. the Senate committee on Ways and Means to sit during the recess of the General Court for the purpose of making an investigation and study relative to the subject matter of certain Senate and House documents (see Senate, No. 777), ought to be adopted; Read, and the order placed in the Orders of the Day for the next session, the question being on adopting it. Under the provisions of Joint Rule 10, the following reports were placed in the Orders of the Day for the next session, the time within which the said committees were required to report having expired: — Preliminary report of Of the committee on Conservation, reference to the next annual Department session (under Joint Rule 10), on the preliminary report of the of Natural Department of Natural Resources (under Chapter 471 of the Acts Resources. of 1955, as amended by Chapter 591 of the Acts of 1956) relative to the further development of the public forests, parks and other lands of the Commonwealth (Senate, No. 740); and Of the committee on Municipal Finance, reference to the next annual session (under Joint Rule 10): Municipalities, On the report of the Legislative Research Council authorized — fiscal year. (under Chapter 3 of the Resolves of 1957) to make an investiga­ tion and study of the advisability and methods of changing the fiscal year of municipalities from the calendar year to the fiscal year of the Commonwealth (Senate, No. 735); and Northampton, — money for On the petition (accompanied by bill, Senate, No. 754) of James sewage treat­ Cahillane, mayor, Otto F. Burkhardt, Charles A. Bisbee, Jr., and ment works. Jeremiah J. Foley (approved by the city council) for legislation MONDAY, AUGUST 5, 1957. 1353 relative to the incurrence of indebtedness by the city of North­ ampton for the construction of sewage treatment works. Orders of the Day. The Orders of the Day were taken up. The House Bill providing for the payment by the Common- Tonda c. wealth of a sum of money to Tonda C. Haynes of South Yarmouth (House, No. 924, changed), — was ordered to a third reading, as previously amended by the Senate. The rules were suspended, on motion of Mr. Stone, and the bill was read a third time and passed to be engrossed, in concurrence, with the amendments previously adopted by the Senate, which were sent down for concurrence. The House Bill authorizing the Department of Public Health sanitary code, to establish a sanitary code (House, No. 3301), — was passed to ment.ablish' be engrossed, in concurrence, with the amendment previously adopted by the Senate, which was sent down for concurrence. The Bill increasing the minimum fair wage rate (Senate, No- Bin. 299), — was read a second time and ordered to a third reading. The House Bill authorizing the city of Lynn to pay an annuity Lynn, - to Mary J. Kane (House, No. 548),— was read a second time S y 14/ Kane, and ordered to a third reading. The rules were suspended, on motion of Mr. Hogan, and the bill was read a third time and passed to be engrossed, in concurrence. The House Bill making the counties of Bristol, Essex a n d Bristol, Essex Norfolk eligible for State school construction grants for the con- rauntfi?-15 struction and enlargement of certain agricultural schools in said counties (House, No. 2908, amended), — was read a second time grants, and was amended in section 5, as previously had been recom­ mended by the committee on Ways and Means, by striking out, in line 30, the word “one-third” and inserting in place thereof the word “one-fourth”; and by striking out, in line 36, the word “twenty-five” and inserting in place thereof the word “twenty”. The bill, as amended, was then ordered to a third reading. The rules were suspended, on motion of Mr. Mahar, 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 Senate Bill relative to the amount the city of Boston may Boston, — borrow outside its debt limit to defray in part the development if00unSij’f0r or acquisition costs of projects of the Boston Housing Authority projects. (Senate, No. 585),— was read a third time. Mr. Ferguson, for the committee on Bills in the Third Reading, reported, asking to be discharged from further consideration thereof. This report was accepted. The Senate then refused to pass the bill to be engrossed. The Senate Bill providing that the table of changes in the laws Senate may be printed in a separate volume and authorizing distribution bm- of the advance sheets of the acts and resolves to additional public 1354 JOURNAL OF THE SENATE officials (Senate, No. 772) (its title having been changed by the committee on Bills in the Third Reading), — was read a third time and passed to be engrossed. Sent down for concurrence. Laborers, etc., — security for The Senate Bill providing for further security for payments to payment. laborers, subcontractors, materialmen and others engaged in public construction (printed as House, No. 2982, amended) (its title having been changed by the committee on Bills in the Third Reading), — was read a third time. Mr. Ferguson, for the com­ mittee on Bills in the Third Reading, reported, recommending that the bill be amended as follows: — In section 1, by striking out, in line 33, the words “or repair” and inserting in place thereof the words reconstruction, alteration, remodeling, repair or demolition”; by inserting after the word “and”, in line 70, the words “, if such claim is not paid or satisfied,”; by striking out, in line 100, the words “section twenty-nine” and inserting in place thereof the word “paragraph”; and by striking out section 3 and inserting in place thereof the following new section: — “S e c t io n 3. The provisions of section thirty-nine of chapter thirty and section twenty-nine of chapter one hundred and forty-nine of the General Laws in effect immediately prior to the effective date of this act, shall apply to any contract executed pursuant to any invitation for bids issued prior to said effective date or any persons or bonds in respect to any such contract.” These amendments were adopted. The bill, as amended, was then passed to be engrossed. Sent down for concurrence. State em­ ployees, — The House Bill relative to the method of filling certain vacancies filling of in the State service and to correct certain inequities in the fixing vacancies; of salaries for State employees (House, No. 3220, amended) (its salaries. title having been changed by the committee on Bills in the Third Reading),— was read a third time and passed to be engrossed, in concurrence, with the amendment previously adopted by the Senate, which was sent down for concurrence. House The House Bill relating to the Northborough-Southborough bill. Regional School District (House, No. 3320),— was read a third time and passed to be engrossed, in concurrence. Logan Airport, — additional The House Bill authorizing the State Airport Management hangars, etc. Board to build four additional hangars and an air freight terminal at General Edward Lawrence Logan Airport and to enter into a lease therefor (House, No. 3277, amended), — was read a second time. Pending the amendment previously recommended by the committee on Ways and Means and pending the main question on ordering the bill to a third reading, the further consideration thereof was postponed until the next session, on motion of Mr. Umana. Department of Commer.ce, — The Bill creating a division of promotion and a division of re­ new divisions. gional economy within the Department of Commerce, and provid­ ing for an additional deputy commissioner for the Department of Commerce (House, No. 2998),-— was considered; and, pending MONDAY, AUGUST 5, 1957. 1355 the question on rejecting it, as previously had been recommended by the committee on Ways and Means, the further consideration thereof was postponed until the next session, on motion of Mr. Mahar. The House Bill to provide for the construction of an access way Access way from Route 138 to land of Dennis Cochis in the town of Canton to land of (House, No. 2059), — was read a third time; and the Senate re­ Dennis Cochis. fused to pass it to be engrossed, in concurrence. On motion of Mr. Donahue, at eight minutes before two o’clock p .m . the Senate adjourned, to meet on the following day at eleven o’clock a .m . 1356 JOURNAL OF THE SENATE

T u e s d a y , August 6, 1957. Met according to adjournment. The following prayer was offered by the Reverend Mason F. McGinness of East Braintree: — Prayer ordered Grant us, 0 God, the power and the will to call upon ourselves printed. and all citizens to give strength to the heritage of freedom. May our state and our nation grow more fair with every year because of the dignity and respect accorded to the human person. May our hearts be filled with good will, and our understanding go beyond the barriers of the past to a true comradeship with one another. May the good in every man and woman and child be honored and nourished, and may their rights be protected, regardless of color, creed, national origin or economic circumstances. Thus may we give greater substance to the American dream of freedom and equality. Amen. On motion of Mr. Hedges, the above prayer was ordered printed in the Journal of the Senate. Bill Recalled from the Governor. Superannuation retirement, — On motion of Mr. Keith, it was voted that a message be sent computation. to His Excellency the Governor requesting the return to the Senate of the engrossed Bill changing and simplifying the computation of the amount of superannuation retirement allowance for em­ ployees under the contributory retirement law (see House, No. 3147, amended). Mr. Keith was appointed the messenger. Subsequently, the bill was returned. Reconsideration. Access to land of Dennis On motion of Mr. Olson, the Senate reconsidered the vote by Cochis. which, at the preceding session, it had refused to pass to be en­ grossed, in concurrence, the House Bill to provide for the construc­ tion of an access way from Route 138 to land of Dennis Cochis in the town of Canton (House, No. 2059). Pending the recurring question on passing the bill to be en­ grossed, in concurrence, the further consideration thereof was postponed until the next session, on further motion of the same Senator. P a p e r s f r o m t h e H o u s e . Bids Municipalities, —• reimburse­ To reimburse cities and towns for maintaining approved ex­ ment for tended courses of instruction (House, No. 2257, changed, — sub­ courses. stituted, in part, for Senate order, see Senate, No. 743); Municipalities, etc., — reim­ Providing for reimbursement to cities, towns and districts for bursement for payments lawfully made on account of injury or death of fire indemnification fighters or policemen, or for property damage to equipment sus- TUESDAY, AUGUST 6, 1957. 1357 tamed while engaged in civil defense training activities (printed in of police House, No. 3302, amended, — being a special report of the Com- ofllcers-etc- missioner of Administration); and Authorizing the Metropolitan District Commission to construct Metropolitan certain improvements and extensions to the distribution system - ‘mproye-04, of the metropolitan water district and to borrow money for the ments'etc- construction thereof (House, No. 3321, amended, — on the peti­ tion of Charles W. Greenough, Daniel H. Rider, Hollis M. Gott and John P. Buckley); and A Resolve providing for the continuance of an investigation by Aberjona River the Department of Public Health relative to the sanitary condi- Lak “ - ‘report tion of the Aberjona River and the Mystic Lakes in the cities of of sanitary Medford and Woburn and the towns of Arlington, Burlington, condltlon- Reading, Stoneham, Winchester and Wilmington (printed in House, No. 3314, — substituted for a House Report of the com­ mittee on Public Health, reference to the next annual session, under Joint Rule 10, on the special report of the Department of Public Health); Were severally read and, under the rule, referred to the com­ mittee on Ways and Means. The House Bill providing that meetings of public authorities be Open meetings open to the general public and that records of such meetings be authorities; public records (House, No. 3005, amended), — came up, with the committee’of endorsement that the House had insisted on its non-concurrence conferenoe- in the Senate amendments and had concurred in the appointment of a committee of conference; and that Representatives O’Connor of Springfield, Quinn of Boston and Holman of Norwood had been joined on the part of the House. The House Resolve further increasing the scope of the special special com- comnussion appointed to investigate and study the advisability of “uMtagX purchasing, leasing or erecting a building in the Springfield area to Springfield for house the various branches of the State department in that area mentef-com- (House, No. 3205), — came up, with the endorsement that the ™nfeTeSce House had insisted on its non-concurrence in the Senate amend­ ments and had concurred in the appointment of a committee of conference; and that Representatives Tancrati of Springfield, Scibelli of Springfield and Gray of Springfield had been joined on the part of the House. Notice was received that the Speaker had announced the ap- committee of pomtment of Representative Weinberg of Boston to the new com- “nt grievance mittee of conference on the disagreeing votes of the two branches boards, — with reference to the House amendments of the Senate amend- mombersWp- ments of the House Bill establishing rent grievance boards in cities and towns to hear complaints by tenants relating to rent increases (see House, No. 2658) to fill the vacancy on said com­ mittee caused by the resignation therefrom of Representative Kaplan of Brookline presently attending Army Reserve Training. A message from His Excellency the Governor recommending an Sex investigation of the laws concerning confinement and treatment ofIendcrs' of sex offenders (House, No. 3332),— was referred, in concur­ rence, to the committee on Public Welfare. 1358 JOURNAL OF THE SENATE, Study of milk The Senate Order relative to authorizing the committee on industry; committee of Agriculture to sit during the recess of the General Court for the conference. purpose of making an investigation and study of the milk industry and the laws relating thereto, and the laws relating to the milk control commission (see Senate, No. 709, amended), — came up, with the endorsement that the House had insisted on its amend­ ment (in which the Senate had non-concurred) and had concurred in the appointment of a committee of conference; and that Repre­ sentatives Enright of Pittsfield, Wojtkowski of Pittsfield and Brox of Dracut had been joined on the part of the House. Orders Committee on Relative to authorizing the committee on Public Welfare to sit Public Welfare, during the recess of the General Court to study the establishment — recess study. of all inclusive per diem rates for persons in nursing and conva­ lescent homes who are recipients of public aid and minimum weekly rates for persons in such homes (House, No. 3004, new draft, in part, of Senate Order, see Senate, No. 743); and Committee on Relative to authorizing the committee on Labor and Industries Labor and Industries, — to sit during the recess of the General Court to investigate cer­ recess study. tain matters relating to workmen’s compensation (House, No. 3120, — substituted, in part, for Senate Resolve No. 747); Were severally placed in the Orders of the Day for the next session, the question, in each instance, being on adopting the order, in concurrence. Disposal of A House Order relative to authorizing the joint special com­ State land in Bridgewater, mittee on the Reorganization of the Correctional System to study — study. relative to authorizing the Commissioner of Correction to dispose of certain State land in the town of Bridgewater (see House, No. 3326, — on the special report of the Commissioner of Adminis­ tration, House, No. 3316), — was referred, under the rule, to the committee on Ways and Means. Emergency Preambles Adopted. Probation Commissioner An engrossed Bill placing certain employees in the office of employees, — the Commissioner of Probation under the salary schedule for salary State employees (see Senate Bill printed in House, No. 3155), schedule. — 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 9 to 0. Mutual mili­ An engrossed Bill providing for the entry of the Commonwealth tary aid, — into compacts with the other New England states, or any of them compacts. relative to mutual military aid in an emergency (see House Bill printed in House, No. 3136, App. B, 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 9 to 0. Southbridge, — An engrossed Bill authorizing the selectmen of Southbridge conveyance of land to to convey certain land in Southbridge to the United States govern­ United States ment, subject to restrictions (see House, No. 3318), was laid government. TUESDAY, AUGUST 6, 1957. 1359 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 9 to 0. The bills were severally signed by the President and sent down for enactment. Engrossed Bills and Resolve. The following engrossed bills (the first of which originated in the Senate) were severally passed to be enacted, to wit: —■ Relative to the ability of children to contribute support to Bills laid parents who are recipients of assistance to disabled persons, and Governor, increasing the amount of cash a recipient of assistance for dis­ abled persons may possess (see Senate, No. 727, amended); Increasing certain fees charged by the Commonwealth for issuing and filing certain papers relating to certain corporations and limited partnerships, and certain other papers (see Senate, No. 741); Providing that the Real Estate Review Board shall determine the amount to be paid for public lands taken for highway purposes (see Senate, No. 763, amended) ; Relative to the sale, possession and distribution of narcotic drugs (see Senate, No. 767); Requiring schools for the training of medical X-ray technicians to be approved by the Board of Registration in Medicine (see House, No. 2882, amended); Authorizing the town of Needham to increase the annuities paid to surviving dependents of certain police officers and fire fighters (see House, No. 2947, amended); Authorizing the State Superintendent of Buildings to lease premises in the Springfield area for the use of departments, board or commissions of the Commonwealth for a period of ten years (see House Bill printed in House, No. 3140, amended); Authorizing the town of Natick to pay certain medical expenses of Joseph Saviano and Joseph H. Kelly, employees of said town (see House, No. 3317); and Authorizing the town of Framingham to retain land acquired for veterans’ housing (see House, No. 3319). An engrossed Resolve increasing the scope of the commission Resolve on audit of State needs (see Senate, No. 748, amended) (which originated in the House), — was passed and, with the above- named bills, was signed by the President and laid before the Governor for his approbation. Orders of the Day. The Orders of the Day were taken up. The House Bill relative to the sale, rental, leasing, carrying and Firearms, etc., use of firearms and the possession, carrying and use of dangerous r(«ulatl™s- weapons (printed in House, No. 3075, App. A, changed), — was read a third time. Mr. Ferguson, for the committee on Bills in the Third Reading, reported, recommending that the bill be 1360 JOURNAL OF THE SENATE, amended as follows: — By inserting after section 1 the following three sections: — “S e c t io n 1A. The first paragraph of section 5 of chapter 131 of the General Laws, as appearing in section 2 of chapter 599 of the acts of 1941, is hereby amended by inserting after the word “ten”, in line 1, the word: — , fifty-one. “S e c t io n IB. Section 7 of said chapter 131, as amended by section 1 of chapter 457 of the acts of 1954, is hereby further amended by striking out the first paragraph and inserting in place thereof the following paragraph: — No sporting, hunting, fishing or trapping license shall be granted to a minor under the age of fifteen, nor, except as hereinafter provided, shall a sporting, hunt­ ing or trapping license be granted to a minor fifteen to seventeen years of age, inclusive, but the director or any city or town clerk may issue a fishing or trapping license to any minor fifteen to seventeen years of age, inclusive, if such minor has been a resi­ dent of this commonwealth for at least six months and is a citizen of the United States, or a fishing license to a non-resident minor fifteen to seventeen years of age, inclusive, if such minor is a citi­ zen of the United States. The director or any city or town clerk shall issue a hunting or sporting license to any minor fifteen to seventeen years of age, inclusive, who presents to the person au­ thorized to issue such license (a) a written statement that at all times when hunting or target practicing other than on a duly recognized range said minor shall be accompanied by a person twenty-one years of age or older; (5) evidence that said minor has held a license authorizing him to hunt in the state in a prior year; (c) or a certificate of competency as provided in this section, if such minor has been a resident of this commonwealth for at least six months and is a citizen of the United States. Every applica­ tion for a license hereunder, except a fishing license, from a minor fifteen to seventeen years of age, inclusive, shall be in writing and shall be accompanied by the written consent thereto of the parent or guardian, which shall be preserved for one year by the city or town clerk or the director, as the case may be. “S e c t io n 1C. The fourth paragraph of said section 7 of said chapter 131, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words ‘between the ages of twelve and fifteen years ’ and inserting in place thereof the words: — twelve to four­ teen years of age, inclusive”; by striking out section 2 and in­ serting in place thereof the following section: — “S e c t io n 2. Section 51 of said chapter 131, as appearing in section 2 of chap­ ter 599 of the acts of 1941, is hereby amended by striking out the first paragraph and inserting in place thereof the following para­ graph: — No alien shall hunt any bird or mammal of any descrip­ tion, nor shall he have in possession any such bird or mammal or own or have in his possession or under his control a firearm, except as provided in this section. The director may, after an investiga­ tion by the department of public safety and with its approval, issue a permit to an alien, who is temporarily within the common­ wealth on business or pleasure, to hunt, to have in possession any such bird or mammal and to own or have in his possession or under his control a rifle or shotgun; subject to such terms and condi­ tions as said director may deem proper. The fee for issuing such TUESDAY, AUGUST 6, 1957. permit shall be fifteen dollars and twenty-five cents. The said director may also, after like investigation and approval, issue a permit to an alien, who is temporarily within the commonwealth on business or pleasure, to own or have in his possession or under his control a rifle or shotgun, subject to such terms and conditions as said director may deem proper, provided, however, that such permit shall not allow such alien to hunt or have in possession any such bird or mammal. The fee for such permit shall be two dollars and twenty-five cents. Any firearm owned by an alien or in his possession or under his control in violation of this section shall be forfeited to the commonwealth. Violation of any provi­ sion of this section shall be punished by a fine of fifty dollars or by imprisonment for not more than one month, or both. If, in any prosecution for violation of any provision of this section, the defendant alleges that he has been naturalized, or alleges that he is a citizen of the United States, the burden of proving the same shall be upon him.”; in section 5, by striking out, in lines 21 to 28, inclusive, the words “Any person refused a license under this sec­ tion may, within ten days, file for a review by the district court having jurisdiction wherein the applicant has filed for said license. The justice of said court, after hearing all of the facts, may direct said license be granted, but not to a person exempted by the first sentence. Such application or review shall be acted upon within one month, respectively.” and inserting in place thereof the following sentence: — “Any person refused a license under this section may within ten days thereafter apply to the commissioner for such license, who may direot that said licensing authorities grant said license, if, after a hearing, he is satisfied there were no reasonable grounds for the refusal to grant such license and that the applicant was not barred by the provisions of law from holding such a license.”; in section 13, by striking out the sentence con­ tained in lines 5 to 20, inclusive, and inserting in place thereof the following sentence: — “Whoever sells or furnishes a firearm or machine gun or ammunition therefor to an alien or to a minor, except to a minor who displays a license issued to him under section one hundred and thirty-one to carry firearms or to possess a machine gun and who has in his possession the written consent of his parent or guardian that a firearm or machine gun or ammu­ nition therefor be sold or furnished to him, or whoever sells or furnishes a rifle or shotgun or ammunition therefor to an alien who does not hold a permit issued to him under section fifty-one of chapter one hundred and thirty-one, or to a minor eighteen years of age or over, except to such minor who displays a sporting or hunting license issued to him and who has in his possession the written consent of his parent or guardian that a rifle or shotgun or ammunition therefor be sold or furnished to him, or to a minor under eighteen years of age, shall be punished by a fine of not less than one hundred nor more than five hundred dollars.”; in section 15, by striking out, in lines 48 to 55, inclusive, the words “Any person refused a license under this section may, within ten days, file for a review by the district court having jurisdiction wherein the applicant has filed for said license. The justice of said court, after hearing all the facts, may direct that said license 1362 JOURNAL OF THE SENATE be granted, but not to a person exempted by the first sentence. Such application or review shall be acted upon within one month, respectively.”; in section 31, by striking out the two sentences contained in lines 5 to 15, inclusive, and inserting in place thereof the following two sentences: — “No minor under the age of eighteen shall have an air rifle or so-called BB gun in his possession while in any place to which the public has a right of access unless he is accompanied by an adult or unless he is the holder of a sporting or hunting license and has on his person a permit from the chief of police of the town in which he resides granting him the right of such possession. No person shall discharge a BB shot, pellet or other object from an air rifle or so-called BB gun into, from or across any street, alley, public way or railroad or railway right of way, and no minor under the age of eighteen shall dis­ charge a BB shot, pellet or other object from an air rifle or BB gun unless he is accompanied by an adult or is the holder of a sporting or hunting license.”; and by adding the following new section: — “S e c t io n 34. The repeal of any law by any provision of this act shall not affect any penalty, punishment or forfeiture or any prosecution, action or proceeding on account of any act or offense committed prior to the repeal of any such law.”. These amendments were adopted. There being no objection, on motion of Mr. Parker, the rule was suspended, and the bill was further considered forthwith and was passed to be engrossed, in concurrence, with the amendments, which were sent down for concurrence. The Senate reports Senate Of the committee on Conservation, reference to the next annual reports. session (under Joint Rule 10), on the preliminary report of the Department of Natural Resources (under Chapter 471 of the Acts of 1955, as amended by Chapter 591 of the Acts of 1956) relative to the further development of the public forests, parks and other lands of the Commonwealth (Senate, No. 740); and Of the committee on Municipal Finance, reference to the next annual session (under Joint Rule 10), on the report of the Legis­ lative Research Council authorized (under Chapter 3 of the Resolves of 1957) to make an investigation and study of the ad­ visability and methods of changing the fiscal year of municipalities from the calendar year to the fiscal year of the Commonwealth (Senate, No. 735); Were severally accepted. Severally sent down for concurrence. Logan Airport, — additional The House Bill authorizing the State Airport Management hangars, etc. Board to build four additional hangars and an air freight terminal at General Edward Lawrence Logan Airport and to enter into a lease therefor (House, No. 3277, amended),— was considered, the main question being on ordering it to a third reading. The pending amendment previously recommended by the committee on Ways and Means was considered, as follows: — Striking out section 1, as amended, and inserting in place thereof the following new section: — TUESDAY, AUGUST 6, 1957.

“S e c t io n 1. The commissioner of airport management is hereby authorized and directed to further develop the General Edward Lawrence Logan International Airport by having built thereon four hangers and an air freight terminal, with the approval of the state airport management board [A] and of the Massachu­ setts port authority, and said board [B] and said authority shall specify satisfactory plans and specifications for and satisfactory locations of the proposed hangers and freight terminal; provided, however, that before any money provided for by this act is ex­ pended for any purpose whatsoever said commissioner shall secure binding leases for terms of not more than twenty-five years, with the approval of the governor and council, [C] and of the Massa­ chusetts port authority, with responsible air transportation com­ panies providing, in addition to all other airport charges, an annual hangar and freight terminal rental thereunder sufficient to amor­ tize the total cost of such hangars and air freight terminal, includ­ ing the interest provided for in section two of this act, within the terms of such leases, provided, further, that the provisions of this act shall not permit the extension of the General Edward Lawrence Logan International Airport toward the town of Winthrop or the mainland of the East Boston district of the city of Boston; nor shall any hangars or buildings authorized by this act be constructed west of the existing Eastern Airline’s hangar. Said leases shall provide that upon the airport properties being transferred to the Massachusetts port authority the annual hangar and freight terminal rental shall be proportionately increased by that amount, if any, by which the interest on bonds issued by the said authority for the purpose of acquiring the airport property exceeds the inter­ est provided for in section two of this act, so that any such increase in interest shall be borne in the aggregate by the lessees hereunder. No such lease shall be assigned or transferred except with the approval of the governor and council [D], and of said authority; and, by the Massachusetts port authority after the transfer of the airport properties to said authority.” Mr. Umana moved that the pending amendment be amended by striking out, at “A” and “C”, respectively, the words “and of the Massachusetts port authority,”; by striking out, at “B”, the words “and said authority”; and by striking out, at “D ”, the words “, and of said authority” ; and the question on these amendments was determined by a call of the yeas and nays, as follows, to wit: —

Y ea s. Beades, John J. Hennigan, James W., Jr. Benoit, Paul H. Hogan, Charles V. Canavan, Harold W. McCann, Francis X. Corbett, James J. McDermott, Frederick T. Cutler, Leslie B. Mullen, Arthur J. Donahue, Maurice A. Stanton, Elizabeth A. Fonseca, Mary L. Umana, Mario Foster, A. Frank Wall, William X. Gibney, Joseph F. Yerxa, John E. Hays, William E. Zarod, Stanley J. — 20. 1364 JOURNAL OF THE SENATE,

N a ts. Burkhardt, Otto F. Keith, Warren S. Conte, Silvio O. Lamson, Fred DeSauinier, Edward J., Jr. Lundgren, Harold R. Ferguson, Charles E. Mahar, Ralph C. Gibbs, Donald L. Olson, Charles W. Graham, Philip A. Parker, John F. Hedges, Charles W. Stone, Edward C. Holmes, Newland H. Tuckerman, Herbert S. — 16.

P a ired . Y ea s. N ays. John E. Powers (present), Charles S. Marston, 3d. William D. Fleming (present), Philip G. Bowker — 4. So the amendments to the pending amendment were adopted. The Senate then adopted the pending amendments previously recommended by the committee on Ways and Means, as amended. The bill, as amended, was then ordered to a third reading. Heeess. There being no objection, at eight minutes past one o’clock p .m . the President declared a recess until a quarter past two o’clock p .m .; at which hour the Senate reassembled. Subsequently, the rules were suspended, on motion of Mr. Yerxa, and the bill was read a third time and passed to be en­ grossed, in concurrence, with the amendment, which was sent down for concurrence. Department of Commerce, —• The House Bill creating a division of promotion and a division new divisions. of regional economy within the Department of Commerce, and providing for an additional deputy commissioner for the Depart­ ment of Commerce (House, No. 2998),— 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. Donahue, until the remaining matters passed for consideration in the Orders of the Day had been disposed of. Subsequently, the remaining matters passed for consideration in the Orders of the Day having been disposed of, the bill was further considered; and the question on rejecting it, as pre­ viously had been recommended by the committee on Ways and Means, was determined by a call of the yeas and nays, as follows, to wit: —• Y ea s. Bowker, Philip G. Hedges, Charles W. Burkhardt, Otto F. Keith, Warren S. Conte, Silvio O. Lamson, Fred Cutler, Leslie B. Lundgren, Harold R. DeSauinier, Edward J., Jr. Olson, Charles W. Ferguson, Charles E. Parker, John F. Gibbs, Donald L. Stone, Edward C. Graham, Philip A. Tuckerman, Herbert S, Hays, William E. Yerxa, John E. — 18. TUESDAY, AUGUST 6, 1957. 1365

N ays. Beades, John J. Hogan, Charles V. Benoit, Paul H. McCann, Francis X. Corbett, James J. McDermott, Frederick T. Donahue, Maurice A. Mullen, Arthur J. Fleming, William D. Powers, John E. Fonseca, Mary L. Stanton, Elizabeth A. Foster, A. Frank Umana, Mario Gibney, Joseph F. Wall, William X. — 17. Hennigan, James W., Jr. P a ired . Y eas. N ays. Charles S. Marston, 3d, Stanley J. Zarod (present). Ralph C. Mahar (present), Harold W. Canavan — 4. So the bill was rejected. Senate com­ The Senate Order relative to authorizing the Senate committee mittee on on Ways and Means to sit during the recess of the General Court Ways and for the purpose of making an investigation and study relative to Means, — recess the subject matter of certain Senate and House documents (see study. Senate, No. 777), — was considered, the question being on adopt­ ing it. Mr. Hennigan moved that the order be amended by substituting, in part, a “Bill to provide for the establishment of an office of public employees in the Division of Industrial Accidents” (House, No. 3276); and this amendment was rejected, by a vote of 6 to 10. Pending the question on adopting the order, the further con­ sideration thereof was postponed until the following Monday, on motion of Mr. Fleming. The Senate Bill to provide for the establishment and operation Bank holding of bank holding companies (Senate, No. 631, changed),—was companies. read a third time. Mr. Ferguson, for the committee on Bills in the Third Reading, reported, asking to be discharged from further consideration thereof. This report was accepted. Pending the question on passing the bill to be engrossed, it was amended, on motion of Mr. Lundgren, by substituting a new draft with the same title (Senate, No. 779). There being no objection, on further motion of the same Senator, the rule was suspended, and the bill, as amended by the substitu­ tion of the new draft (Senate, No. 779), was further considered forthwith and was passed to be engrossed. Sent down for concurrence. The Senate Bill relative to abutting service facilities on limited Abutting access ways (Senate, No. 758), — was read a third time and was service amended, on motion of Mr. Graham, by substituting a new draft facilities. with the same title (Senate, No. 780). Under the rule, the bill, as amended by the substitution of the new draft (Senate, No. 780), was placed in the Orders of the Day for the next session, the question being on passing it to be engrossed. 1366 JOURNAL OF TFIE SENATE

Historic The House Bill to authorize cities and towns to establish historic districts, — districts in the Commonwealth (House, No. 3078), — was read a establishment. third time. Mr. Ferguson, for the committee on Bills in the Third Reading, reported, recommending that the bill be amended by adding the following new section: — “S e c t io n 2. The pro­ visions of this act shall not affect or apply to any historic district or historic districts commission established under the provisions of chapters six hundred and one and six hundred and sixteen of the acts of nineteen hundred and fifty-five or chapter four hundred and forty-seven of the acts of nineteen hundred and fifty-six, or established by any zoning ordinance or by-law.” This amendment was adopted. Pending the question on passing the bill to be engrossed, in concurrence, with the amendment, the further consideration thereof was postponed, on motion of Mr. Hedges, until the re­ maining matters passed for consideration in the Orders of the Day had been disposed of. Subsequently, the remaining matters passed for consideration in the Orders of the Day having been disposed of, the bill was further considered; and the Senate refused to pass it to be en­ grossed, in concurrence, with the amendment. Northampton, The Senate Report of the committee on Municipal Finance, — money for sewage treat­ reference to the next annual session (under Joint Rule 10), on the ment works. petition (accompanied by bill, Senate, No. 754) of James Cahillane, mayor, Otto F. Burkhardt, Charles A. Bisbee, Jr., and Jeremiah J. Foley (approved by the city council) for legislation relative to the incurrence of indebtedness by the city of Northampton for the construction of sewage treatment works, — was considered, the question being on accepting it. On motion of Mr. Burkhardt, the report was amended by sub­ stituting a “Bill relative to the incurrence of indebtedness by the city of Northampton for the construction of sewage treatment works” (Senate, No. 754); and the bill was read and, under the rule, placed in the Orders of the Day for the next session for a second reading. ______Reports of Committees. South Metro­ By Mr. Mahar, for the committee on Ways and Means, that politan Sewer­ age District, — the Senate Bill providing additional funds to cover the cost of additional certain sewerage works within the South Metropolitan Sewerage funds. District, the acceptance of federal aid for such works, and pro­ viding for assessments to be paid by the town of Randolph (printed in Senate, No. 775, App. A); and The House bills Spouse of To amend the law providing for certain retirement rights for veteran, — retirement surviving spouse of veterans in certain cases (printed in House, rights. No. 3273, amended); Director of Relative to the acquisition and release of certain land or rights Civil Defense, —* acquisition therein by the Director of Civil Defense (printed in House, of land, etc. No. 3303): and Bond author­ Relating to certain existing bond authorizations (printed in izations. House, No. 3323), — severally ought to pass; TUESDAY, AUGUST 6, 1957. 1367 By Mr. Fleming, for the same committee, that the House bills Pyschiatric Authorizing and directing the Department of Mental Health clinic in to establish an adult outpatient psychiatric clinic in the city of Springfield. Springfield (House, No. 1074); and Reimbursement Providing for the reimbursement of cities and towns for loss of for abatements taxes through abatements granted to paraplegic veterans or their to paraplegic widows (House, No. 1956), — severally ought to pass; veterans. Use of copy­ By Mr. Gibney, for the same committee, that the House Re­ righted music, solve providing for an investigation and study by a special com­ etc., — study. mission relative to forbidding the exaction of fees or charges by certain combinations of persons for the rendition of certain copy­ righted vocal or instrumental music compositions (House, No. 3307), ought to pass; and School cafeteria By Mr. Lamson, for the committee on Municipal Finance on workers, — the part of the Senate, that the House Bill to include cafeteria workmen’s workers employed in the school department of cities and towns compensation. under workmen’s compensation benefits (House, No. 3306), ought to pass; Severally placed in the Orders of the Day for the next session for a second reading.

By Mr. Gibney, for the committee on Ways and Means, that Blackstone the Senate Bill authorizing and directing the Department of River, — im­ Public Works to make certain improvements in the Blackstone provements. River (printed in Senate, No. 580, App. A), — ought to pass, with an amendment in section 1, inserting after the word “there­ for”, in line 42, the following: — “ ; provided, that each of said towns makes such contribution to the cost of said projects as shall be determined by the department; and provided, further, that federal funds are also available for the purposes of this act.”; Placed in the Orders of the Day for the next session for a second reading, with the amendment pending. By Mr. Stone, for the same committee, that the House Order New city hall relative to authorizing the appointment of a joint special com­ for Boston, mittee to sit during the recess of the General Court to investigate etc., — study. the construction of a new city hall by the city of Boston, the con­ struction of a federal office building by said city to be sold to the United States and the construction of a garage under Boston Common (see House, No. 3311), ought to be adopted; Read, and the order placed in the Orders of the Day for the next session, the question being on adopting it, in concurrence.

P a p e r s f r o m t h e H o u s e . The Senate Bill relative to recomputing the retirement allow­ Harry G. ance of Harry G. Waite (Senate, No. 761), — came up, passed to Waite, — be engrossed, in concurrence, with an amendment striking out, retirement. in lines 11 and 12, the words “, under salary grade 7B”. The rule was suspended, on motion of Mr. Hays, and the amendment was considered forthwith and was adopted, in con­ currence. 1368 JOURNAL OF THE SENATE,

Chelsea and The Senate Bill revising and continuing and providing for the Revere, — continuation of payment of compensation to the members of the board created board estab­ lished to com­ to reimburse property owners in the cities of Chelsea and Revere pensate for for certain damage caused by the dumping of sewage (Senate, sewer damages, No. 765), — came up, passed to be engrossed, in concurrence, with etc. an amendment in section 2, striking out, in line 4, the word “forty” and inserting in place thereof the word “twenty-five”. The rule was suspended, on motion of Mr. Canavan, and the amendment was considered forthwith and was adopted, in con­ currence. Malden, — sale A House petition (accompanied by bill, House, No. 3336) of of park land. Anthony W. Spadafora, Louis H. Glaser, George H. O’Farrell and Fred A. Lamson that the city of Malden be authorized to sell certain land acquired for park purposes, — was referred, in con­ currence, under a suspension of Joint Rule 12, to the committee on Cities. Engrossed Bills. Locks in An engrossed Bill authorizing the reconstruction of the locks in Charles River, — bond issue of the Charles River Dam and the making of other improvements in $6,500,000. the facilities for the control of the water in the Charles River Basin (see Senate, No. 335, amended) (which originated in the Senate),— was put upon its final passage; and, it being a bill that provided for the borrowing of money, in accordance with the provisions of Section 3 of Article LXII of the Amendments to the Constitution, the question on passing it to be enacted was de­ termined by a call of the yeas and nays, as follows, to wit: — Y ea s. Beades, John J. Hennigan, James W., Jr. Benoit, Paul H. Hogan, Charles V. Bowker, Philip G. Keith, Warren S. Burkhardt, Otto F. Lamson, Fred Canavan, Harold W. Lundgren, Harold R. Conte, Silvio O. Mahar, Ralph C. Corbett, James J. McCann, Francis X. Cutler, Leslie B. McDermott, Frederick T. DeSaulnier, Edward J., Jr. Olson, Charles W. Donahue, Maurice A. Parker, John F. Ferguson, Charles E. Powers, John E. Fleming, William D. Stanton, Elizabeth A. Fonseca, Mary L. Stone, Edward C. Foster, A. Frank Tuckerman, Herbert S. Gibbs, Donald L. Umana, Mario Gibney, Joseph F. Wall, William X. Graham, Philip A. Yerxa, John E. Hays, William E. Zarod, Stanley J. — 37. Hedges, Charles W. N ays — 0. P a ired . Y e a . N ay. Charles S. Marston, 3d, Arthur J. Mullen (present) — 2. So the bill was passed to be enacted; and it was signed by the President and laid before the Governor for his approbation. TUESDAY, AUGUST 6, 1957. 1369 Dam across An engrossed Bill authorizing the Metropolitan District Com­ Mystic River, mission to construct, maintain and operate a dam across the — bond issue Mystic River (see House, No. 3254) (which originated in the of $6,000,000. House),— was put upon its final passage; and, it being a bill that provided for the borrowing of money, in accordance with the provisions of Section 3 of Article LXII of the amendments to the Constitution, the question on passing it to be enacted was de­ termined by a call of the yeas and nays, as follows, to wit: —

Y ea s. Beades, John J. Hennigan, James W., Jr. Benoit, Paul H. Hogan, Charles V. Bowker, Philip G. Keith, Warren S. Burkhardt, Otto F. Lamson, Fred Conte, Silvio O. Lundgren, Harold R. Corbett, James J. Mahar, Ralph C. Cutler, Leslie B. McCann, Francis X. DeSaulnier, Edward J., Jr. McDermott, Frederick T. Donahue, Maurice A. Olson, Charles W. Ferguson, Charles E. Parker, John F. Fleming, William D. Powers, John E. Fonseca, Mary L. Stanton, Elizabeth A. Foster, A. Frank Stone, Edward C. Gibbs, Donald L. Tuckerman, Herbert S. Gibney, Joseph F. Umana, Mario Graham, Philip A. Wall, William X. Hays, William E. Yerxa, John E. Hedges, Charles W. Zarod, Stanley J. — 30.

N ats — 0.

P a ir ed . Y ea . N ay. Charles S. Marston, 3d, Arthur J. Mullen (present) — 2

Absent or N ot Voting. Canavan, Harold W. — 1. So the bill was passed to be enacted; and it was signed by the President and laid before the Governor for his approbation. Subsequently, after the vote has been announced, Mr. Canavan Statement by arose to a question of personal privilege, which, being stated, was Senator that when the vote had been taken, he had been unavoidably Canavan. 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 printed in the Journal of the Senate; and, there being no objection, it was so ordered. The following engrossed bills (the first of which originated in the Senate) were severally passed to be enacted and were signed by the President and laid before the Governor for his approbation, to wit: — Placing certain employees in the office of the Commissioner of Bills laid Probation under the salary schedule for State employees (see before Senate Bill printed in House, No. 3155); Governor. 1370 JOURNAL OF THE SENATE, Providing for the entry of the Commonwealth into compacts with the other New England states, or any of them relative to mutual military aid in an emergency (see House Bill printed in House, No. 3136, App. B, amended); and Authorizing the selectmen of Southbridge to convey certain land in Southbridge to the United States government, subject to restrictions (see House, No. 3318). On motion of Mr. Tuckerman, at seventeen minutes before four o’clock p.m. the Senate adjourned, to meet on the following day at eleven o’clock a.m. WEDNESDAY, AUGUST 7, 1957. 1371

W e d n e s d a y , August 7, 1957. Met according to adjournment. The following prayer was offered by the Reverend Mason F. McGinness of East Braintree: — Before we enter into the formal work of the day we offer our prayer prayer in the words of the ancient psalmist. May these words remind us of our spiritual heritage and strengthen our faith in human life and in our endeavors to do our best: 0 Lord our God How excellent is Thy name in all the earth, Who hast set Thy glory upon the heavens! When I consider Thy heavens, the work of Thy fingers, The moon and the stars, which Thou hast ordained; What is man, that Thou art mindful of him? And the son of man, that Thou visitest him? For Thou hast made him but little lower than the angels, And crownest him with glory and honor. Amen. On motion of Mr. Hedges, the above prayer was ordered printed in the Journal of the Senate. Bill Recalled from Governor Laid before the Senate. The engrossed Bill relative to the rights, benefits and privileges veterans, etc., of certain veterans and their dependents (see Senate, No. 607), ~ rlghts'etc- which, at a previous session, had been returned by His Excellency the Governor at the request of the Senate, — was laid before the Senate. Mr. Hedges 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 striking out all after the enacting clause and inserting in place thereof the following two sections: — “S e c t io n 1. Chapter 627 of the acts of 1954 is hereby amended by striking out section 41, as most recently amended by section 3 of chapter 692 of the acts of 1956, and inserting in place thereof the following section: — Section 1+1. The provisions of this act shall not affect adversely any rights, benefits or privileges rela­ tive to or arising out of the employment by the commonwealth, or any political subdivision thereof, provided that such employment was immediately prior to the effective date of this act, or relative to veterans' benefits under the provisions of chapter one hundred and fifteen of the General Laws, of any person who, immediately prior to the effective date of this act, was a veteran as defined by section one of said chapter one hundred and fifteen in effect im- 1372 JOURNAL OF THE SENATE, mediately prior to said effective date, and such person shall be deemed to be a veteran for the purposes of this section; nor shall the provisions of this act affect adversely any rights, benefits or privileges relative to veterans’ benefits of a dependent of such a veteran; provided, however, that the last discharge or release of such veteran from wartime service was under conditions other than dishonorable. “S e c t io n 2. Chapter 688 of the acts of 1954 is hereby amended by striking out section 6, added by section 2 of chapter 708 of the acts of 1955, and inserting in place thereof the following sec­ tion : — Section 6. The provisions of this act shall not affect adversely any rights, benefits or privileges relative to or arising out of the employment of any person by the commonwealth, or any political subdivision thereof, provided that he was in such em­ ployment immediately prior to the effective date of chapter six hundred and twenty-seven of the acts of nineteen hundred and fifty-four, and who, immediately prior to said effective date, was a veteran as defined by section one of said chapter one hundred and fifteen in effect immediately prior to said effective date, and such person shall be deemed to be a veteran for the purposes of this sec­ tion; provided, however, that the last discharge or release of such veteran from wartime service was under conditions other than dis­ honorable.” Sent down for concurrence in the amendment. Bills and Resolve Recalled from the Governor. West End Brook in Malden, — On motion of Mr. Bowker, it was voted that a message be sent flood control. to His Excellency the Governor requesting the return to the Sen­ ate of the engrossed Bill authorizing the Metropolitan District Commission to construct certain drainage and flood control facili­ ties along the West End Brook in the city of Malden (see Senate, No. 339). Mr. Bowker was appointed the messenger. Subsequently, the bill was returned and was laid before the Senate. Mr. Tuckerman asked unanimous consent that he might move that the Senate re­ consider the vote by which, at a previous session, it had passed the bill to be enacted; but objection thereto was made. The bill, having previously been signed by the President, was again laid before the Governor for his approbation. Harvesting On motion of Mr. Tuckerman, it was voted that a message be of timber, — sent to His Excellency the Governor requesting return to the license. Senate of the engrossed Bill requiring a license for the harvesting of timber or other forest products for hire or profit on land de­ voted to forest purposes (see Senate, No. 745, amended). Mr. Tuckerman 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 bjr which, at a previous session, it had passed the bill to be enacted; but objection thereto was made. The bill, having previously been signed by the President, was again laid before the Governor for his approbation. WEDNESDAY, AUGUST 7, 1957. 1373 On motion of Mr. Hedges, it was voted that a message be sent o°m to His Excellency the Governor requesting the return to the commssioner Senate of the engrossed Bill providing that a committee of the Services. Executive Council shall hold public hearings, if so requested, on certain appeals from decisions of the Commissioner of Veterans’ Services (see Senate, No. 759). Mr. Hedges was appointed the messenger. Subsequently, the bill was returned. On motion of Mr. Gibbs, it was voted that a message be sent to His Excellency the Governor requesting the return to the Sen- state needs, — ate of the engrossed Resolve increasing the scope of the com- crease scope mission on audit of State needs (see Senate, No. 747). Mr. Gibbs was appointed the messenger. Subsequently, the bill was returned and was laid before the Senate. Mr. Tuckerman asked unanimous consent that he might move that the Senate re­ consider the vote by which, at a previous session, it had passed the resolve; but objection thereto was made. The resolve, having previously been signed by the President, was again laid before the Governor for his approbation. Reports of Committees. By Mr. Mahar, for the committee on Ways and Means, that iietro- the Senate Resolve reviving and continuing the special commis- poiitan sewer-^ sion established for an investigation and study relative to the continued systems of sewerage and sewage disposal in the North and South study- Metropolitan Sewerage Districts and the city of Boston, and the water systems in said districts (printed in Senate, No. 775, App. B), ought to pass; and By Mr. Stone, for the same committee, that the House Resolve AMiUon^of^ providing for an investigation and study by a special commission A|tu(^ na y’ relative to the abolition of the death penalty in capital cases (House, No. 3185), ought to pass (Senator Lundgren dissenting); Severally placed in the Orders of the Day for the next session for a second reading. By Mr. Mahar, for the same committee, that the House Bill caretnd’- relative to the care and protection of children (House, No. 3 2 1 9 ), — protection, ought to pass, with the following amendments: — In section 3, striking out, in lines 7 and 8, and 29 and 30, re­ spectively, the words “complaint or”; In section 4, striking out the paragraph contained in lines 5 to 13, inclusive, and inserting in place thereof the following new paragraph: — “Section 25. When such child is taken in custody upon said summons or precept and brought before said court, it may then hear said petition, or said petition may be continued to a time fixed for hearing, and the court may allow the child to be placed in the care of some suitable person or a licensed agency providing foster care for children; or the child may be committed to the custody of the department pending a hearing on said peti­ tion.”; 1374 JOURNAL OF THE SENATE In section 5, striking out, in line 10, the words “complaint and”; and striking out, in lines 12 to 16, inclusive, the words and may further continue said complaint and petition and allow the child to be placed in the care of some suitable person or chari­ table corporation upon furnishing surety for the further appear­ ance of the child before said court whenever said court may re­ quire”; and Striking out section 6. Placed in the Orders of the Day for the next session for a second reading, with the amendments pending. Conference By Mr. Stone, for the committee of conference on the disagree­ report,committee —study ing votes of the two branches with reference to the House amend­ industry.of milk ment of the Senate Order relative to authorizing the committee on Agriculture to sit during the recess of the General Court for the purpose of making an investigation and study of the milk industry and the laws relating thereto, and the laws relating to the milk control commission (see Senate, No. 709, amended), — recom­ mending that the Senate recede from its non-concurrence in the House amendment striking out the words “a special committee, consisting of three members of the Senate to be appointed by the President thereof and four members of the House of Representa­ tives to be appointed by the Speaker thereof,” (inserted by amendment by the Senate) and inserting in place thereof the words “the joint committee on Agriculture” (stricken out by amend­ ment by the Senate) and concur therein with a further amend­ ment striking out the words “the joint committee on Agriculture” (inserted by amendment by the House and previously stricken out hy amendment by the Senate) and inserting in place thereof the words “a joint special committee consisting of seven members of the committee on Agriculture of whom two shall be members of the Senate to be appointed by the President thereof and of whom five shall be members of the House of Representatives to be ap­ pointed by the Speaker thereof” and that the House concur in the further amendment; Read, the rule suspended, on motion of Mr. Stone, and the report considered forthwith and accepted. Sent down for concurrence. Order Adopted. On motion of Mr. Hedges, — suspensionSenate, — of Ordered, That so much of Senate Rule No. 7 as requires the Senate Rule printing of a Calendar be suspended with reference to the sessions No. 7. of tomorrow and Monday next.

P a p e r f r o m t h e H o u s e . Architects, — The Senate Bill requiring the registration of architects (Senate, registration. No. 739), — came up, passed to be engrossed, in concurrence, with an amendment in section 3, inserting after the word “Amer­ ica”, in line 44, the words “ , and officers and employees of the commonwealth or any subdivision thereof from engaging in the WEDNESDAY, AUGUST 7, 1957. 1375 practice of architecture as employees of the commonwealth or any subdivision thereof ’ ’. The rule was suspended, on motion of Mr. Graham, and the amendment was considered forthwith and was adopted, in con­ currence. Orders of ihe Day. The Orders of the Day were taken up. The Senate Bill relative to abutting service facilities on limited Limited access access ways (Senate, No. 780), — was passed to be engrossed. ways,abutting — serv­ Sent down for concurrence. ice facilities. The House Bill to provide for the construction of an access way Access way from Route 138 to land of Dennis Cochis in the town of Canton Dennisto land ofCochis. (House, No. 2059), — was considered; and, on the recurring ques­ tion, was passed to be engrossed, in concurrence. The Senate Bill authorizing and directing the Department of Blackstone Public Works to make certain improvements in the Blackstone provements.River, — im­ River (printed in Senate, No. 580, App. A), — was read a second time and was amended in section 1, as previously had been recom­ mended by the committee on Ways and Means, by inserting after the word “therefor”, in line 42, the following: — provided, that each of said towns makes such contribution to the cost of said projects as shall be determined by the department; and pro­ vided, further, that federal funds are also available for the pur­ poses of this act”. The bill, as amended, was then ordered to a third reading. The Senate Bill relative to the incurrence of indebtedness by Northampton, the city of Northampton for the construction of sewage treatment —sewage money treat­ for works (Senate, No. 754), — was read a second time and ordered to ment works. a third reading. The rules were suspended, on motion of Mr. Donahue, and the bill was read a third time and passed to be en­ grossed. Sent down for concurrence. The bills Providing for the reimbursement of cities and towns for loss of Bills. taxes through abatements granted to paraplegic veterans or their widows (House, No. 1956); To amend the law providing for certain retirement rights for surviving spouse of veterans in certain cases (printed in House, No. 3273, amended); Relative to the acquisition and release of certain land or rights therein by the Director of Civil Defense (printed in House, No. 3303); To include cafeteria workers employed in the school department of cities and towns under workmen’s compensation benefits (House, No. 3306); and Relating to certain existing bond authorizations (printed in House, No. 3323); Were severally read a second time and ordered to a third reading. 1376 JOURNAL OF THE SENATE, politanSouth Metro­ Sewer­ The Senate Bill providing additional funds to cover the cost of age District, — certain sewerage works within the South Metropolitan Sewerage funds. District, the acceptance of federal aid for such works, and pro­ viding for assessments to be paid by the town of Randolph (printed in Senate, No. 775, App. A ), — was read a second time and ordered to a third reading. The rules were suspended, on motion of Mr. Beades, and the bill was read a third time and passed to be engrossed. Sent down for concurrence. Psychiatric The House Bill authorizing and directing the Department of clinicSpringfield. in Mental Health to establish an adult outpatient psychiatric clinic in the city of Springfield (House, No. 1074), — was read a second time and ordered to a third reading. The rules were suspended, on motion of Mr. Zarod, and the bill was read a third time and passed to be engrossed, in concurrence. rightedUse of copy­music, The House Resolve providing for an investigation and study etc., — study. by a special commission relative to forbidding the exaction of fees or charges by certain combinations of persons for the rendition of certain copyrighted vocal or instrumental music compositions (House, No. 3307),—-was read a second time; and the Senate refused to order it to a third reading. Motion to Subsequently, Mr. Powers moved that this vote be reconsidered; reconsider. and this motion was negatived. The following House order was adopted, in concurrence, to wit: — Committee on Ordered, That the committee on Public Welfare is hereby au­ —Public recess Welfare, study. thorized to sit during the recess of the General Court for the pur­ pose of making an investigation and study of the subject matter of current House document numbered 1923, relative to establish­ ing all inclusive per diem rates for persons in nursing and con­ valescent homes who are recipients of public aid; and of current House document numbered 2171, relative to minimum weekly rates for persons in nursing and convalescent homes who are recipients of public aid. Said committee shall, in the course of its investigation and study, consider the activities of physicians, pharmacists, and proprietors of such nursing homes in the con­ duct and operation of said establishments; and the services pro­ vided both in charitable and private homes. Said committee shall be provided with quarters in the State House or elsewhere, may hold hearings, may require by summons the attendance and testimony by witnesses, and the production of books and papers, may travel within the Commonwealth, and may expend for legal, clerical and other assistance and expenses such sums as may be appropriated therefor. Said committee shall report to the General Court the results of its investigation and study and its recom­ mendations, if any, together with drafts of legislation necessary to carry its recommendations into effect, by filing the same with the Clerk of the House of Representatives not later than the fourth Wednesday of January in the year nineteen hundred and fifty- eight (see House, No. 3004). WEDNESDAY, AUGUST 7, 1957. 1377 The House Order relative to authorizing the committee on Committee on Labor and Industries to sit during the recess of the General Court LaborIndustries, and — to investigate certain matters relating to workmen’s compensation recess study. (see House, No. 3120), — was considered; and it was rejected. The House Order relative to authorizing the appointment of a New city hall joint special committee to sit during the recess of the General —for study. Boston, etc., Court to investigate the construction of a new city hall by the city of Boston, the construction of a federal office building by said city to be sold to the United States and the construction of a garage under Boston Common (House, No. 3311), — was considered, the question being on adopting it, in concurrence. On motion of Mr. Powers, the order was amended by substi­ tuting, in part, a “Bill enabling the city of Boston to construct a new city hall and to construct and sell to the United States a federal office building” (Senate, No. 584); and the bill was read and, under the rule, referred to the committee on Municipal Finance on the part of the Senate. Pending the question on adopting the order, in concurrence, it was laid on the table, on further motion of the same Senator. On motion of Mr. Foster, at a quarter past twelve o’clock p.m. the Senate adjourned, to meet on the following day at eleven o’clock A.M. 1378 JOURNAL OF THE SENATE,

T h u r s d a y , August 8, 1957. Met according to adjournment. Reports of Committees. Middlesex By Mr. Ferguson, for the committee on Counties on the part —Superior court officers.Court, of the Senate, that the House Bill to increase the number of court officers in the Superior Court for the county of Middlesex (House, No. 1689), ought to pass; Placed in the Orders of the Day for the next session for a second reading. State Pier in By Mr. Stone, for the committee on Ways and Means, that the —New conveyance Bedford, House Bill authorizing the Department of Public Works to convey to city. to the city of New Bedford the State pier located in said city (House, No. 2770, amended), — ought to be referred to the next annual session; and Franklin Park By Mr. Graham, for the same committee, that the House Bill tionZoo, by— acquisi­Metro­ authorizing the Metropolitan District Commission to acquire politanCommission. District Franklin Park Zoo in the city of Boston (House, No. 3284), — ought to be referred to the next annual session; Severally read, and the bills placed in the Orders of the Day for the next session, the question, in each instance, being on re­ ferring the bill to the next annual session. Report. Special com­ A report of the special committee of the Senate established gatingmittee Saleminvesti­ (under an order adopted by the Senate on June 25) to make an grade crossing. investigation and study of the contract awarded by the Depart­ ment of Public Works for the elimination of the grade crossing in the city of Salem (received August 7), — was read and placed on file. P a p e r s f r o m t h e H o u s e . LadyCollege of of the Our A House petition (accompanied by bill, House, No. 3337) of Elms, — de­ John F. Thompson and Maurice A. Donahue for legislation to grees. incorporate The Trustees of the College of Our Lady of the Elms with power to grant degrees, — was referred, in concurrence, under a suspension of Joint Rules 12 and 9, to the committee on Education. Engrossed Bills and Resolves. The following engrossed bills (the first two of which originated in the Senate) were severally passed to be enacted, to wit: — Bills laid Authorizing the Commissioner of Natural Resources to develop, beforeGovernor. improve and operate recreation facilities at the Joseph Allen Skinner State Park in the towns of Hadley and South Hadley (see Senate, No. 190); THURSDAY, AUGUST 8, 1957. 1379 Relative to the retirement of certain justices appointed after July thirty-first, nineteen hundred and fifty-six (see Senate, No. 641); Relative to recomputing the retirement allowance of Harry G. Waite (see Senate, No. 761); Revising and continuing and providing for the payment of com­ pensation to the members of the board created to reimburse property owners in the cities of Chelsea and Revere for certain damage caused by the dumping of sewage (see Senate, No. 765, amended); To enable certain cities and towns to determine to liquidate certain housing projects, subject to the provisions of the Federal Housing Act of nineteen hundred and thirty-seven (see Senate, No. 768); Establishing a board of registration of sanitarians (see Senate, No. 770, amended); Providing for the payment of an annual grant to certain blind persons employed in a workshop for the training and employ­ ment of the blind upon being relieved of such employment (see Senate, No. 776); Authorizing the city of Lynn to pay an annuity to Mary J. Kane (see House, No. 548); Authorizing and directing the Department of Mental Health to establish an adult outpatient psychiatric clinic in the city of Spring- field (see House, No. 1074); and Relating to the Northborough-Southborough Regional School District (see House, No. 3320). 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: — Providing for a study by a special commission relative to the Resolves branch banking laws of the Commonwealth (see Senate, No. 769, laidGovernor. before amended); and Reviving and continuing and increasing the membership and scope of the special commission established to make an investiga­ tion and study relative to the continuation of the transportation service in the areas served by the New York, New Plaven & Hart­ ford Railroad Company (see House, No. 2914, amended). Without proceeding to consideration of the Orders of the Day (a quorum not being present), on motion of Mr. Gibbs, at twenty- nine minutes past eleven o’clock a.m. the Senate adjourned, to meet on the following Monday at one o’clock p.m. 1380 JOURNAL OF THE SENATE,

Monday, August 12, 1957. Met according to adjournment (Mr. Hedges in the Chair). Bills Recalled from Governor Laid before the Senate. Retirement law, — maximum The engrossed Bill providing that certain provisions of the age for em­ contributory retirement law relating to maximum age for em­ ployment. ployment be made retroactive (see House, No. 1661, amended), which, at a previous session, had been returned by His Excellency the Governor at the request of the Senate, — was laid before the Senate. Mr. Bowker 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; but objection thereto was made. The bill, having previously been signed by the President, was again laid before the Governor for his approbation. Savings Banks Investment The engrossed Bill further regulating investments by the Sav­ Fund, — in­ ings Bank Investment Fund in preferred and common stocks (see vestments. House, No. 2904), which, at a previous session, had been returned by His Excellency the Governor at the request of the Senate, — was laid before tbe Senate. Mr. Lundgren 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; but objection thereto was made. The bill, having previously been signed by the President, was again laid before the Governor for his approbation. Superannuation retirement, — The engrossed Bill changing and simplifying the computation computation. of the amount of superannuation retirement allowance for em­ ployees under the contributory retirement law (see House, No. 3147, amended), which, at a previous session, had been returned by His Excellency the Governor at the request of the Senate, —• was laid before the Senate. Mr. Corbett 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; but objection thereto was made. The bill, having previously been signed by the President, was again laid before the Governor for his approbation. Bill Recalled from the Governor. Corporations, etc., — fees for On motion of Mr. Bowker, it was voted that a message be sent filing papers. to His Excellency the Governor requesting the return to the Sen­ ate of the engrossed Bill increasing certain fees charged by the Commonwealth for issuing and filing certain papers relating to certain corporations and limited partnerships, and certain other papers (see Senate, No. 741). Mr. Bowker was appointed the messenger. Subsequently, the bill was returned. MONDAY, AUGUST 12, 1957. 1381 Petition. Mr. Holmes presented a petition (accompanied by resolve, special «>m- Senate, No. 785) of Newland H. Holmes and other members of transportation the General Court for legislation to increase the scope of the special commission established to make an investigation and study relative to the continuation of the transportation service in Railroad Com- the areas served by the New York, New Haven and Hartford scope. Railroad Company; and the same was referred, under a suspen­ sion of Joint Rule 12, moved by Mr. Lundgren, to the committee on Transportation. Sent down for concurrence. Recess. There being no objection, at eight minutes past one o’clock p .m . Recess, the President (having taken the Chair) declared a recess; and at sixteen minutes before four o’clock p .m . the Senate reassembled (Mr. Hedges being in the Chair). Reports of a Committee. By Mr. Mahar, for the committee on Ways and Means, that wate? d?stri?t, the House Bill authorizing the Metropolitan District Com- - ^ r e ­ mission to construct certain improvements and extensions to the distribution system of the metropolitan water district and to borrow money for the construction thereof (House, No. 3321, amended); and The House Resolve providing for the continuance of an in- vestigation by the Department of Public Health relative to the Aberjona sanitary condition of the Aberjona River and the Mystic^ Lakes continued in the cities of Medford and Woburn and the towns of Arlington, study. Burlington, Reading, Stoneham, Winchester and Wilmington (printed in House, No. 3314), — severally ought to pass; By Mr. Hedges, for the same committee, that the House bills MunMpaiMes, To reimburse cities and towns for maintaining approved ex- ment tor tended courses of instruction (House, No. 2257, changed); and courses' Providing for reimbursement to cities, towns and districts for Mumap^nes, payments lawfully made on account of injury or death of fire ment for fighters or policemen, or for property damage to equipment sus- 'Jj n™nghtcrs” tained while engaged in civil defense training activities (printed and policemen, in House, No. 3302, amended), — severally ought to pass; Severally placed in the Orders of the Day for the next session for a second reading. By the same Senator, for the same committee, on the petition of 01 Silvio 0. Conte (accompanied by resolve, Senate, No. 155), a Bill providing for compensation to dependents of certain officers or compensation, enlisted persons of the armed forces of the Commonwealth whose death resulted from injuries while on certain duties and providing for the payment of a sum of money to John A. and Pauline J. DeMarco of North Adams (Senate, No. 781); Read and placed in the Orders of the Day for the next session for a second reading. 1382 JOURNAL OF THE SENATE Disposition of State land in By Mr. Lundgren, for the same committee, that the House Bridgewater, — Order relative to authorizing the joint special committee on the study. Reorganization of the Correctional System to study relative to authorizing the Commissioner of Correction to dispose of certain State land in the town of Bridgewater (see House, No. 3326), ought to be adopted; Read, and the order placed in the Orders of the Day for the next session, the question being on adopting it, in concurrence. Without proceeding to consideration of the Orders of the Day (a quorum not being present), on motion of Mr. Fleming, at thirteen minutes before four o’clock p .m . the Senate adjourned, to meet on the following day at eleven o’clock a.m. TUESDAY, AUGUST 13, 1957. 1383

Tuesday, August 13, 1957. Met according to adjournment. The following prayer was offered by the Reverend Mason F. McGinness of East Braintree: —■ Prayer We give thanks, 0 God, for this beautiful day and for our ordered sensitivity to be moved by it. May this day remind us of our printed. universal rootage, that though we come into this place with diverse opinions, needs, ideas, interests and backgrounds we are all part of a much larger process of life whose boundaries are beyond our farthest reach of mind and thought. May our feeling of oneness with this larger life grow to give us poise, inner calm, quiet strength and a much greater understanding of ourselves and others in the performance of the duties before us. Amen. On motion of Airs. Cutler, the above prayer was ordered printed in the Journal of the Senate. Bills Recalled from Governor Laid before the Senate. The engrossed Bill relative to gifts of securities and money to Gifts of money, minors and to make uniform the law with reference thereto (see etc., to minors, Senate, No. 308, amended), which, at a previous session, had — uniform law. been returned by His Excellency the Governor at the request of the Senate, — was laid before the Senate. Mr. Hedges 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; but objection thereto was made. The bill, having previously been signed by the President, was again laid before the Governor for his approbation. Board of The engrossed Bill providing that the secretary of the Board of Registration of Registration of Barbers shall not be a member of said board (see Barbers, — House, No. 2896, amended), which, at a previous session, had been membership. returned by His Excellency the Governor at the request of the Senate, — was laid before the Senate. Mr. Keith 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; but objection thereto was made. The bill, having previously been signed by the President, was again laid before the Governor for his approbation. Resolve Recalled from the Governor. Commission On motion of Mr. Burkhardt, it was voted that a message be on audit of sent to His Excellency the Governor requesting the return to the State needs, — Senate of the engrossed Resolve increasing the scope of the com­ increased scope. mission on audit of State needs (see Senate, No. 747). Mr. Burkhardt was appointed the messenger. Subsequently, the resolve was returned. 1384 JOURNAL OF THE SENATE, Reports of Committees. Under the provisions of Joint Rule 10, the following reports were placed in the Orders of the Day for the next session, the time within which the said committees were required to report having expired: — Irrevocable licenses for Of the committee on Harbors and Public Lands, reference to fill over the next annual session (under Joint Rule 10), on the petition tidewaters. (accompanied by bill, Senate, No. 773) of Charles W. Olson for legislation to provide that certain licenses granted by the Port of Boston Authority and the Department of Public Works for the purpose of placing and maintaining fill over certain tidewaters be irrevocable; and Westwood, — inclusion in Of the committee on Metropolitan Affairs, reference to the next South Metro­ annual session (under Joint Rule 10), on the petition (accom­ politan Sewer­ panied by bill, Senate, No. 774) of John E. Alcott and others, age District. sewer commissioners, for legislation to include the town of West- wood within the South Metropolitan Sewerage District. Taken from the Table. Warren Winchenback On motion of Mr. McCann, the motion that the Senate recon­ and Wallace sider the vote by which, at a previous session, it had refused to Magnell, — order to a third reading the House Bill to provide that Warren promotion. Winchenback and Wallace Magnell be placed on an eligible list for promotion to park foreman, Parks Division in the Metro­ politan District Commission (House, No. 2792),— was taken from the table and considered; and it prevailed. On the recurring question, the bill was oidered to a third read­ ing. Motions to Reconsider. Access way to land of There being no objection, Mrs. Cutler moved that the Senate Dennis Cochis. reconsider the vote by which, at a previous session, it had passed to be engrossed, in concurrence, the House Bill to provide for the construction of an access way from Route 138 to land of Dennis Cochis in the town of Canton (House, No. 2059); and, pending action thereon, the further consideration thereof was postponed, on further motion of the same Senator, until the Orders of the Day had been disposed of. Department of Commerce, — There being no objection, Mr. Fleming moved that the Senate new divisions. reconsider the vote by which, at a previous session, it had re­ jected, as previously had been recommended by the committee on Ways and Means, the House Bill creating a division of promotion and a division of regional economy within the Department of Commerce, and providing for an additional deputy commissioner for the Department of Commerce (House, No. 2998); and, pend­ ing action thereon, the further consideration thereof was post­ poned, on further motion of the same Senator, until the Orders of the Day had been disposed of. TUESDAY, AUGUST 13, 1957. 1385

Papers from the H ouse. Bills Relative to validation of the approval of additional housing Housing tor projects for the housing of elderly persons in certain towns (printed -laudation118’ in House, No. 3322, amended,— being a special report of the ofaPProval- Commissioner of Administration); and Relative to licensing and examination of recreational camps for Recreational children (House, No. 33 34, — on the special report of the com- cMdrent — mittee on Public Health, House, No. 3 3 1 5 ); licensing, etc. Were severally read and, under the rule, referred to the com­ mittee on Ways and Means. A Bill authorizing the Metropolitan District Commission to Somerville, — reimburse property owners in the city of Somerville for damage oi™opertyent arising out of bursting of a water supply main (House, No. 3342), jj^damage — was read and, under the rule, referred to the committee on Ways and Means. Subsequently, Mr. Mahar, for the said committee, reported that the bill ought to pass. Placed in the Orders of the Day for the next session for a second reading. Bills Authorizing the town of Pembroke to appropriate money for Pembroke, — expenses in connection with the reception of the Mayflower II reception 11 (House, No. 3324, changed, — on the petition of Frank E. Parris and others, selectmen) ; Authorizing the town of Marshfield to assess betterments on Marshfield,— certain public ways in said town (House, No. 3325, — substituted tfettomenUon for a House Report of the committee on Towns, reference to the public ways, next annual session, under Joint Rule 10, on the petition of Harold H. Wicher and another); Authorizing the town of Braintree to borrow money for the Braintree,— purpose of establishing a new plant to furnish electric light and ijhtingpiant. power and extend and enlarge the existing facilities therefor (House, No. 3329, on the petition of Herbert B. Hollis and others); Providing for the nomination of members of the city council and school committee of the city of Lowell by preliminary elections and school com- providing for their election by ordinary plurality voting (House, “ect!on”by No. 3331, — on the petition of Samuel S. Pollard, mayor, Cornelius plurality T. Finnegan, Jr., and others); and Authorizing the city of Malden to sell certain land acquired for Maiden, — park purposes (House, No. 3336, — on the petition of Anthony W. paViand. Spadafora, Louis H. Glaser, George H. O’Farrell and Fred A. Lamson) ; Were severally read and placed in the Orders of the Day for the next session for a second reading. A Report of the committee on Harbors and Public Lands, ®’^!eirned reference to the next annual session (under Joint Rule 10), on great ponds, — the special report of the Commissioner of Administration (under study- authority of Section 7 of Chapter 7 of the General Laws, as amended by Chapter 610 of the Acts of 1948) recommending 1386 JOURNAL OF THE SENATE legislation to continue the investigation by the Department of Public Health, the Department of Public Works and the Depart­ ment of Natural Resources, acting as a joint board, relative to the elimination or control of submerged weeds in certain great ponds (House, No. 3309), — was read and placed in the Orders of the Day for the next session. Fitchburg, — payment to A House petition (accompanied by bill, House, No. 3340) of George Hedley Bray (mayor), Gerald P. Lombard and members of the Chakemian. city council that the city of Fitchburg be authorized to pay a sum of money to George Chakemian on account of injuries re­ ceived by his daughter in a school yard in said city, — was referred, in concurrence, under a suspension of Joint Rule 12, to the com­ mittee on Municipal Finance. Engrossed Bills. The following engrossed bills (the first of which originated in the Senate) were severally passed to be enacted and were signed by the President and laid before the Governor for his approbation, to wit: — Bills laid before Requiring the registration of architects (see Senate, No. 739, Governor. amended); Establishing the uniform commercial code (see House, No. 130, changed); and Authorizing the Department of Public Health to establish a sanitary code (see House, No. 3301, amended). Orders of the Day. The Orders of the Day were taken up. The bills Bills. Providing for compensation to dependents of certain officers or enlisted persons of the armed forces of the Commonwealth whose death resulted from injuries while on certain duties and providing for the payment of a sum of money to John A. and Pauline J. DeMarco of North Adams (Senate, No. 781); and Providing for reimbursement to cities, towns and districts for payments lawfully made on account of injury or death of fire fighters or policemen, or for property damage to equipment sus­ tained while engaged in civil defense training activities (printed in House, No. 3302, amended); Were severally read a second time and ordered to a third reading. Sanitary conditions of The House Resolve providing for the continuance of an investi­ Aberjona gation by the Department of Public Health relative to the_ sani­ River, etc., — continued tary condition of the Aberjona River and the Mystic Lakes in the study. cities of Medford and Woburn and the towns of Arlington. Burling­ ton, Reading, Stoneham, Winchester and Wilmington (printed in House, No. 3314), — was read a second time and ordered to a third reading. The rules were suspended, on motion of Mr. Ferguson, and the resolve was read a third time and passed to be engrossed, m concurrence. TUESDAY, AUGUST 13, 1957. 1387 The following House Order (see House, No. 3326) was adopted, in concurrence, to wit: — Ordered, That the joint special committee established (under State land In authority of an order adopted by the House on March 6 and by Bridgewater, — the Senate on March 12, 1957) for the purpose of completing the study. study and investigation of the reorganization of the correctional system shall, in making its investigation and study, consider the subject matter of current house document numbered 3316, rela­ tive to authorizing the commissioner of correction to dispose of certain land of the commonwealth in the town of Bridgewater under the control of the department of correction. The Senate Bill authorizing and directing the Department of Senate Public Works to make certain improvements in the Blackstone bill. River (printed in Senate, No. 580, App. A, amended), — was read a third time and passed to be engrossed. Sent down for concurrence. The House Bill providing for the reimbursement of cities and House towns for loss of taxes through abatements granted to the widows bill. of paraplegic veterans (House, No. 1956) (its title having been changed by the committee on Bills in the Third Reading), — was read a third time and passed to be engrossed, in concurrence. Surviving The House Bill to amend the law providing for certain retire­ spouse of ment rights for surviving spouse of veterans in certain cases veterans, — (printed in House, No. 3273, amended), — was read a third time. retirement Mr. Ferguson, for the committee on Bills in the Third Reading, rights. reported, recommending that the bill be amended by substituting a new draft entitled “An Act establishing the effective date of certain provisions of law relative to the rights of the surviving spouse of certain veterans” (Senate, No. 782). This amendment was adopted. The bill, as amended by the substitution of the new draft (Senate, No. 782), was then passed to be engrossed. Sent down for concurrence. Land, — The House Bill relative to the acquisition and release of certain acquisition, land or rights therein by the Director of Civil Defense (printed in etc., by House, No. 3303), — was read a third time. Mr. Ferguson, for Director of the committee on Bills in the Third Reading, reported, recommend­ Civil Defense. ing that the bill be amended as follows: — In section 3, by in­ serting after the word “agency”, in line 1, the words “ , in con­ sideration of a release from the Norumbega Council, Inc., Boy Scouts of America, of the commonwealth from any and all claims for damages on account of a taking thereof,”; and by striking out section 4. These amendments were adopted. The bill was then passed to be engrossed, in concurrence, with the amendments, which were sent down for concurrence.

The Senate Bill increasing the salaries of the justices of certain District court district courts (Senate, No. 121) (its title having been changed justices, — by the committee on Bills in the Third Reading),— was read a salaries. 1388 JOURNAL OF THE SENATE third time; and the question on passing it to be engrossed was determined by a call of the yeas and nays, as follows, to wit: —

Y ea s. Beades, John J. Hogan, Charles V. Benoit, Paul II. Lundgren, Harold R. Bowker, Philip G. Mahar, Ralph C. Burkhardt, Otto F. McDermott, Frederick T. Donahue, Maurice A. Powers, John E. Fleming, William D. Stone, Edward C. Foster, A. Frank Umana, Mario Gibney, Joseph F. Wall, William X. Hennigan, James W., Jr. Zarod, Stanley J. — 18.

N ays. Cutler, Leslie B. Hedges, Charles W. Ferguson, Charles E. Keith, Warren S. Fonseca, Mary L. Parker, John F. Gibbs, Donald L. Stanton, Elizabeth A. Graham, Philip A. Tuckerman, Herbert S. Hays, William E. Yerxa, John E. — 12.

P a ired . Yea s. N ays. James J. Corbett, Arthur J. Mullen (present). Francis X. McCann (present), Silvio O. Conte. Harold W. Canavan (present), Charles W. Olson. Edward J. DeSaulnier, Jr. (present), Charles S. Marston, 3d — 8.

A bsent or N ot V oting. Lamson, Fred — 1. So the bill was passed to be engrossed. Sent down for concurrence. Recess. There being no objection, at sixteen minutes past twelve o’clock p.m. the President declared a recess until two o’clock p.m. ; at which hour the Senate reassembled (Mr. Olson being in the Chair). Thereupon, the Chair (Mr. Olson) declared a further recess; and at sixteen minutes past two o’clock p.m. the Senate reassembled (the President having taken the Chair). The following Senate Order (see Senate, No. 777) was con­ sidered, to wit: — Senate com­ mittee on Ordered, That the Senate committee on Ways and Means is Ways and Means, — hereby authorized to sit during the recess of the General Court recess study. for the purpose of making an investigation and study of the sub­ ject matter of current Senate Documents numbered 11, 120, 255, 408, 418, 423, 429, 610, 661, 668, and 726 and current House documents numbered 23, 42, 285, 569, 740, 1063, 1634, 1670, 1917, 1919, 2869, 3050, 3059, 3139, 3188 (App. K), 3191, 3208, 3234, 3241, 3253 and 3276. Scholarships. Mr. Bowker moved that the order be amended by substituting, in part, the House Bill relative to certain scholarships (printed TUESDAY, AUGUST 13, 1957. 1389 in House, No. 3188, App. K); and the question on this amend­ ment was determined by a call of the yeas and nays, as follows, to wit: — Y ea s. Benoit, Paul H. Hogan, Charles V. Bowker, Philip G. Keith, Warren S. Canavan, Harold W. McCann, Francis X. Corbett, James J. McDermott, Frederick T. Cutler, Leslie B. Mullen, Arthur J. DeSaulnier, Edward J., Jr. Olson, Charles W. Donahue, Maurice A. Parker, John F. Fleming, William D. Powers, John E. Fonseca, Mary L. Stanton, Elizabeth A. Foster, A. Frank Umana, Mario Gibbs, Donald L. Wall, William X. Gibney, Joseph F. Yerxa, John E. Hennigan, James W-, Jr. Zarod, Stanley J. — 26. N ays. Burkhardt, Otto F. Lamson, Fred Ferguson, Charles E. Lundgreu, Harold R. Graham, Philip A. Mahar, Ralph C. Hays, William E. Marston, Charles S., 3d Hedges, Charles W. Stone, Edward C. Holmes, Newland H. Tuckerman, Herbert S. —• 12. P a ie ed . Y ea . N ay. John J. Beades (present), Conte, Silvio O. — 2. So the amendment was adopted; and, accordingly, the bill (printed in House, No. 3188, App. K) was substituted and, under the rule, was placed in the Orders of the Day for the next session for a second reading. Advisory Mr. Fleming moved that the order be further amended by sub­ committee on stituting, in part, the House Bill adding a representative of correction, — labor to the advisory committee on correction and to permit labor repre­ voluntary work for the Commonwealth by certain inmates of cor­ sentative. rectional institutions (House, No. 2869). Pending the question on adopting the amendment, it was amended, on motion of Mrs. Cutler, by striking out section 2. The question on adopting the amendment, as amended, was then determined by a call of the yeas and nays, as follows, to wit: — Y ea s. Beades, John J. Hennigan, James W., Jr. Benoit, Paul H. Hogan, Charles V. Burkhardt, Otto F. Marston, Charles S., 3d Canavan, Harold W. McCann, Francis X. Corbett, James J. McDermott, Frederick T. Cutler, Leslie B. Mullen, Arthur J. DeSaulnier, Edward J., Jr. Olson, Charles W. Donahue, Maurice A. Parker, John F. Fleming, William D. Powers, John E. Fonseca, Mary L. Umana, Mario Foster, A. Frank Wall, William X. Gibney, Joseph F. Zarod, Stanley J. — 25. Hays, William E. 1390 JOURNAL OF THE SENATE,

N ats. Bowker, Philip G. Lundgren, Harold R. Ferguson, Charles E. Mahar, Ralph C. Gibbs, Donald L. Stanton, Elizabeth A. Graham, Philip A. Stone, Edward C. Holmes, Newland H. Tuckerman, Herbert S. Keith, Warren S. Yerxa, John E. — 13. Lamson, Fred

P a ired . Y ea. N ay. Silvio O. Conte, Charles W. Hedges (present) —2. So the amendment, as amended, was adopted; and, accordingly, the bill (House, No. 2869, as amended) was substituted and, under the rule, was placed in the Orders of the Day for the next session for a second reading. Medical, dental and nursing Mr. Powers moved that the order be further amended by sub­ scholarship stituting, in part, the House Bill establishing the medical, dental board. and nursing scholarship board (House, No. 3253); and the ques­ tion on this amendment was determined by a call of the yeas and nays, as follows, to wit: —

Y eas. Beades, John J. Hennigan, James W., Jr. Benoit, Paul H. Hogan, Charles V. Canavan, Harold W. McCann, Francis X. Corbett, James J. McDermott, Frederick T. Donahue, Maurice A. Mullen, Arthur J. Fleming, William D. Stanton, Elizabeth A. Fonseca, Mary L. Umana, Mario Foster, A. Frank Wall, William X. Gibney, Joseph F. Zarod, Stanley J. — 18.

N ays. Bowker, Philip G. Lamson, Fred Burkhardt, Otto F. Lundgren, Harold R. Cutler, Leslie B. Mahar, Ralph C. DeSaulnier, Edward J., Jr. Marston, Charles S., 3d Ferguson, Charles E. Olson, Charles W. Gibbs, Donald L. Parker, John F. Graham, Philip A. Stone, Edward C. Hays, William E. Tuckerman, Herbert S. Hedges, Charles W. Yerxa, John E. — 19. Keith, Warren S.

P a ired . Y e a . N ay. John E. Powers (present), Silvio 0. Conte — 2. So the amendment was rejected. Subsequently, Mr. Powers moved that this vote be reconsid­ ered; and the question on this motion was determined by a call of the yeas and nays, as follows, to wit: — TUESDAY, AUGUST 13, 1957. 1391

Y ea s. Beades, John J. Lamson, Fred Benoit, Paul H. McCann, Francis X. Canavan, Harold W. McDermott, Frederick T. Corbett, James J. Mullen, Arthur J. Donahue, Maurice A. Olson, Charles W. Fleming, William D. Powers, John E. Fonseca, Mary L. Stanton, Elizabeth A. Foster, A. Frank Umana, Mario Gibney, Joseph F. Wall, William X. Hennigan, James W., Jr. Zarod, Stanley J. — 21. Hogan, Charles V. N ays. Bowker, Philip G. Holmes, Newland H. Burkhardt, Otto F. Keith, Warren S. Cutler, Leslie B. Lundgren, Harold R. DeSaulnier, Edward J., Jr. Mahar, Ralph C. Ferguson, Charles E. Marston, Charles S., 3d Gibbs, Donald L. Parker, John F. Graham, Philip A. Stone, Edward C. Hays, William E. Tuckerman, Herbert S. Hedges, Charles W. Yerxa, John E.— 18. A bsent or N ot V oting. Conte, Silvio O. — 1. So the motion to reconsider prevailed. The recurring question on adopting the amendment was then determined by a call of the yeas and nays, as follows, to wit: —

Y ea s. Beades, John J. Lamson, Fred Benoit, Paul H. McCann, Francis X. Canavan, Harold W. McDermott, Frederick T. Corbett, James J. Mullen, Arthur J. Donahue, Maurice A. Olson, Charles W. Fleming, William D . Powers, John E. Fonseca, Mary I,. Stanton, Elizabeth A. Foster, A. Frank Umana, Mario Gibney, Joseph F. Wall, William X. Hennigan, James W., Jr. Zarod, Stanley J. — 21. Hogan, Charles V.

N ays. Bowker, Philip G. Holmes, Newland H. Burkhardt, Otto F. Keith, Warren S. Cutler, Leslie B. Lundgren, Harold R. DeSaulnier, Edward J., Jr. Mahar, Ralph C. Ferguson, Charles E. Marston, Charles S., 3d Gibbs, Donald L. Parker, John F. Graham, Philip A. Stone, Edward C. Hays, William E. Tuckerman, Herbert S. Hedges, Charles W. Yerxa, John E. — 18.

A bsent or N ot V oting. Conte, Silvio O. — 1. 1392 JOURNAL OF THE SENATE, So the amendment was adopted; and, accordingly, the bill (House, No. 3253) was substituted and, under the rule, was placed in the Orders of the Day for the next session for a second reading. Commonwealth scholarship Air. Fleming moved that the order be further amended by sub­ program. stituting, in part, the House Bill providing for enlargement of the Commonwealth scholarship program (House, No. 3059, amended by striking out, in lines 19 to 22, inclusive, the words “There is hereby created an educational assistance fund in the amount of three hundred thousand dollars which shall be administered by the board of educational assistance” and inserting in place thereof the words “board of educational assistance shall administer a scholar­ ship program”; and by adding the following sentence: — “Said board may expend annually such sums as may be appropriated therefor.”); and the question on this amendment was determined by a call of the yeas and nays, as follows, to wit: — Y ea s. Beades, John J. Hogan, Charles V. Benoit, Paul H. McCann, Francis X. Canavan, Harold W. McDermott, Frederick T. Corbett, James J. Mullen, Arthur J. Donahue, Maurice A. Powers, John E. Fleming, William D. Stanton, Elizabeth A. Fonseca, Mary L. Umana, Mario Foster, A. Frank Wall, William X. Gibney, Joseph F. Zarod, Stanley J. — 19. Hennigan, James W., Jr. N ays. Bowker, Philip G. Lamson, Fred Burkhardt, Otto F. Lundgren, Harold R. Cutler, Leslie B. Mahar, Ralph C. DeSaulnier, Edward J., Jr. Marston, Charles S., 3d Ferguson, Charles E. Olson, Charles W. Gibbs, Donald L. Parker, John F. Graham, Philip A. Stone, Edward C. Hays, William E. Tuckerman, Herbert S. Hedges, Charles W. Yerxa, John E. — 19. Keith, Warren S. Absent or N ot V oting. Conte, Silvio O. — 1. So the amendment was rejected. Subsequently, Mr. Fleming moved that this vote be recon­ sidered; and the question on this motion was determined by a call of the yeas and nays, as follows, to wit: —

Y ea s. Beades, John J. Lamson, Fred Benoit, Paul H. Marston, Charles S., 3d Canavan, Harold W. McCann, Francis A. Corbett, James J. McDermott, Frederick T. Donahue, Maurice A. Mullen, Arthur J. Fleming, William D. Olson, Charles W. Fonseca, Mary L. Powers, John E. Foster, A. Frank Stanton, Elizabeth A. Gibney, Joseph F. Umana, Mario Hennigan, James W., Jr. Wall, William X. Hogan, Charles V. Zarod, Stanley J. — 22. TUESDAY, AUGUST 13, 1957. 1393

N ays. Bowker, Philip G, Holmes, Newland H. Burkhardt, Otto F. Keith, Warren S. Cutler, Leslie B. Lundgren, Harold R. DeSaulnier, Edward J., Jr. Mahar, Ralph C. Ferguson, Charles E. Parker, John F. Gibbs, Donald L. Stone, Edward C. Graham, Philip A. Tuckerman, Herbert S. Hays, William E. Yerxa, John E. — 17. Hedges, Charles W. Absent or N ot V oting. Conte, Silvio 0. — 1. So the motion to reconsider prevailed. The recurring question on adopting the amendment was determined by a call of the yeas and nays, as follows, to wit:

Y ea s. Beades, John J. Marston, Charles S., 3d Benoit, Paul PI. McCann, Francis X. Canavan, Harold W. McDermott, Frederick T. Corbett, James J. Mullen, Arthur J. Donahue, Maurice A. Olson, Charles W. Fleming, William D. Parker, John F. Fonseca, Mary L. Powers, John E. Foster, A. Frank Stanton, Elizabeth A. Gibney, Joseph F. Umana, Mario Hennigan, James, W., Jr. Wall, William X. Hogan, Charles V. Zarod, Stanlej^ J. — 23. Lamson, Fred

N ays. Bowker, Philip G. Hedges, Charles W. Burkhardt, Otto F. Holmes, Newland H. Cutler, Leslie B. Keith, Warren S. DeSaulnier, Edward J., Jr. Lundgren, Harold R. Ferguson, Charles E. Mahar, Ralph C. Gibbs, Donald L. Stone, Edward C. Graham, Philip A. Tuckerman, Herbert S. Hays, William E. Yerxa, John E. — 16. A bsent ok N ot V oting. Conte, Silvio O. — 1. So the amendment was adopted; and, accordingly, the bill (House, No. 3059, amended) was substituted and, under the rule, was placed in the Orders of the Day for the next session, the ques­ tion being on ordering it to a third reading. Mr. Donahue moved that the order be further amended by substituting, in part, a “Bill relative to the salaries of the justices of certain district courts” (Senate, No. 416). Mr. Mahar arose to a point of order, which, being stated, was Point that the proposed amendment was not in order for the reason of order. that it was beyond the scope of the subject matter upon which the order was based. The President ruled that the point of order was well taken; and, Ruling. accordingly, the amendment was laid aside. 1394 JOURNAL OF THE SENATE, District court justices, — Mr. Donahue then moved that the order be further amended salaries. by substituting, in part, the Senate Bill increasing the salaries of the justices of certain district courts (Senate, No. 634); and the question on this amendment was determined by a call of the yeas and nays, as follows, to wit: — Y eas. Beades, John .1. Hennigan, James W., Jr. Benoit, Paul H. Hogan, Charles V. Burkhardt, Otto F. McDermott, Frederick T. Canavan, Harold W. Mullen, Arthur J. Corbett, James J. Olson, Charles W. Donahue, Maurice A. Powers, John E. Ferguson, Charles E. Stanton, Elizabeth A. Fleming, William D. Wall, William X. Foster, A. Frank Zarod, Stanley J. — 19. Gibney, Joseph F. N ays. Bowker, Philip G. Lamson, Fred Cutler, Leslie B. Lundgren, Harold R. DeSaulnier, Edward J., Jr. Mahar, Ralph C. Fonseca, Mary L. Marston, Charles S., 3d Gibbs, Donald L. McCann, Francis X. Graham, Philip A. Parker, John F. Hays, William E. Stone, Edward C. Hedges, Charles W. Tuckerman, Herbert S. Holmes, Newland H. Yerxa, John E. — 19. Keith, Warren S. A bsent ob N ot V oting. Conte, Silvio O. Umana, Mario — 2. So the amendment was rejected. Subsequently, Mr. Donahue moved that this vote be recon­ sidered; and the question on this motion was determined by a call of the yeas and nays, as follows, to wit: — Y eas Beades, John J. Hogan, Charles V. Benoit, Paul H. McCann, Francis X. Burkhardt, Otto F. McDermott, Frederick T. Canavan, Harold W. Mullen, Arthur J. Corbett, James J. Olson, Charles W. Donahue, Maurice A. Powers, John E. Fleming, William D. Stanton, Elizabeth A. Foster, A. Frank Umana, Mario Gibney, Joseph F. Wall, William X. Hennigan, James W., Jr. Zarod, Stanley J. — 20. N ays Bowker, Philip G. Keith, Warren S. Cutler, Leslie B. Lamson, Fred DeSaulnier, Edward J., Jr. Lundgren, Harold R. Ferguson, Charles E. Mahar, Ralph C. Fonseca, Mary L. Marston, Charles S., 3d Gibbs, Donald L. Parker, John F. Graham, Philip A. Stone, Edward C. Hays, William E. Tuckerman, Herbert S. Hedges, Charles W. Yerxa, John E. — 19. Holmes, Newland H. A bsent or N ot V oting. Conte, Silvio 0. — 1. So the motion to reconsider prevailed. TUESDAY, AUGUST 13, 1957. 1395 On the recurring question, the amendment was adopted; and, accordingly, the bill (Senate, No. 634) was substituted and, under the rule, was placed in the Orders of the Day for the next session for a second reading. Natick district Mr. Olson moved that the order be further amended by sub­ court, — stituting, in part, a “Bill providing for the salary of the justice of salary of the Natick district court” (printed as House, No. 1057); and the justice. question on this amendment was determined by a call of the yeas and nays, as follows, to wit: —

Y eas. Beades, John J. Hennigan, James W., Jr. Benoit, Paul H. Hogan, Charles V. Burkhardt, Otto F. Marston, Charles S., 3d Canavan, Harold W. McCann, Francis X. Corbett, James J. McDermott, Frederick T. DeSaulnier, Edward J., Jr. Mullen, Arthur J. Donahue, Maurice A. Olson, Charles W. Ferguson, Charles E. Powers, John E. Fleming, William D. Stanton, Elizabeth A. Foster, A. Frank Wall, William X. Gibbs, Donald L. Zarod, Stanley J. — 23. Gibney, Joseph F. N ays. Bowker, Philip G. Lamson, Fred Cutler, Leslie B. Lundgren, Harold R. Fonseca, Mary L. Mahar, Ralph C. Graham, Philip A. Parker, John F. Hays, William E. Stone, Edward C. Hedges, Charles W. Tuckerman, Herbert S. Holmes, Newland H. Yerxa, John E. — 15. Keith, Warren S. Absent or N ot V oting. Conte, Silvio O. Umana, Mario — 2. So the amendment was adopted; and, accordingly, the bill (printed as House, No. 1057) was substituted and it was read and, under the rule, placed in the Orders of the Day for the next session for a second reading. First district Mr. Gibney moved that the order be further amended by sub­ court of East­ stituting, in part, a “Bill establishing the salary of the justice and ern Worcester, clerks of the first district court of Eastern Worcester” (printed — salaries. as House, No. 1692); and the question on this amendment was determined by a call of the yeas and nays, as follows, to wit: —-

Y eas. Beades, John J. Hogan, Charles V. Benoit, Paul H. McCann, Francis X. Burkhardt, Otto F. McDermott, Frederick T. Canavan, Harold W. Mullen, Arthur J. Corbett, James J. Olson, Charles W. Donahue, Maurice A. Powers, John E. Fleming, William D. Stanton, Elizabeth A. Foster, A. Frank Wall, William X. Gibney, Joseph F. Zarod, Stanley J. —• 19. Hennigan, James W., Jr. 1396 JOURNAL OF THE SENATE,

N ays. Bowker, Philip G. Cutler, Leslie B. Keith, Warren S. DeSaulnier, Edward J., Jr. Lamson, Fred Ferguson, Charles E. Lundgren, Harold R. Fonseca, Mary L. Mahar, Ralph C. Gibbs, Donald L. Marston, Charles S., 3d Graham, Philip A. Parker, John F. Hays, William E. Stone, Edward C. Hedges, Charles W. Tuckerman, Herbert S. Holmes, Newland H. Yerxa, John E. — 19.

A bsent or N ot V oting. Conte, Silvio 0. Umana, Mario — 2. So the amendment was rejected. . Subsequently, Mr. Gibney moved that this vote be recon­ sidered; and the question on this motion was determined by a call of the yeas and nays, as follows, to wit: —

Y ea s. Beades, John J. Hogan, Charles V. Benoit, Paul H. McCann, Francis X. Burkhardt, Otto F. McDermott, Frederick T. Canavan, Harold W. Mullen, Arthur J. Corbett, James J. Olson, Charles W. Donahue, Maurice A. Powers, John E. Fleming, William D. Stanton, Elizabeth A. Foster, A. Frank Umana, Mario Gibney, Joseph F. Wall, William X. Hennigan, James W., Jr. Zarod, Stanley J. — 20.

N ays. Bowker, Philip G. Cutler, Leslie B. Keith, Warren S. DeSaulnier, Edward J., Jr. Lamson, Fred Ferguson, Charles E. Lundgren, Harold R. Fonseca, Mary L. Mahar, Ralph C. Gibbs, Donald L. Marston, Charles S., 3d Graham, Philip A. Parker, John F. Hays, William E. Stone, Edward C. Hedges, Charles W. Tuckerman, Herbert S. Holmes, Newland H. Yerxa, John E. — 19.

A bsent or N ot V oting. Conte, Silvio O. — 1. So the motion to reconsiderer prevailed. On the recurring question, the amendment was adopted; and accordingly, the bill (printed as House, No. 1692) was substi­ tuted and it was read and, under the rule, placed in the Orders of the Day for the next session for a second reading. Office ot public Mr. Hennigan moved that the Senate reconsider the vote by establishment, which, at a previous session, it had rejected an amendment previ­ ously moved by him, to substitute, in part, the House Bill to pro­ vide for the establishment of an office of public employees in the TUESDAY, AUGUST 13, 1957. 1397 Division of Industrial Accidents (House, No. 3276); and the question on this motion was determined by a call of the yeas and nays, as follows, to wit: — Y ea s. Beades, John J. McCann, Francis X. Benoit, Paul H. McDermott, Frederick T. Canavan, Harold W. Mullen, Arthur J. Corbett, James J. Olson, Charles W. DeSaulnier, Edward J., Jr. Parker, John F. Donahue, Maurice A. Powers, John E. Fleming, William D. Stanton, Elizabeth A. Foster, A. Frank Umana, Mario Gibney, Joseph F. Wall, William X. Hennigan, James W., Jr. Zarod, Stanley J. — 21. Hogan, Charles V. N ays. Bowker, Philip G. Holmes, Newland H. Burkhardt, Otto F. Keith, Warren S. Cutler, Leslie B. Lamson, Fred Ferguson, Charles E. Lundgren, Harold R. Fonseca, Mary L. Mahar, Ralph C. Gibbs, Donald L. Marston, Charles S., 3d Graham, Philip A. Stone, Edward C. Hays, William E. Tuckerman, Herbert S. Hedges, Charles W. Yerxa, John E. — 18. Absent ok N ot Voting. Conte, Silvio O. — 1. So the motion to reconsider prevailed. The recurring question on adopting the amendment was then determined by a call of the yeas and nays, as follows, to wit: —

Y eas. Beades, John J. McCann, Francis X. Benoit, Paul H. McDermott, Frederick T. Canavan, Harold W. Mullen, Arthur J. Corbett, James J. Parker, John F. Donahue, Maurice A. Powers, John E. Fleming, William D. Stanton, Elizabeth A. Foster, A. Frank Umana, Mario Gibney, Joseph F. Wall, William X. Hennigan, James W., Jr. Hogan, Charles V. Zarod, Stanley J. — 19. N ays. Bowker, Philip G. Holmes, Newland H. Burkhardt, Otto F. Keith, Warren S. Cutler, Leslie B. Lamson, Fred DeSaulnier, Edward J., Jr. Lundgren, Harold R. Ferguson, Charles E. Mahar, Ralph C. Fonseca, Mary L. Marston, Charles S., 3d Gibbs, Donald L. Stone, Edward C. Graham, Philip A. Tuckerman, Herbert S. Hays, William E. Yerxa, John E. — 19. Hedges, Charles W. P a ired . Y e a . N ay. Charles W. Olson (present), Silvio 0. Conte — 2. So the amendment was again rejected. 1398 JOURNAL OF THE SENATE, Judges of probate, — Mr. Beades moved that the order be further amended by sub­ salaries. stituting, in part, the Senate Bill increasing the salaries of judges of probate and insolvency (Senate, No. 423); and the question on this amendment was determined by a call of the yeas and nays, as follows, to wit: —

Y eas. Beades, John J. Hays, William E. Benoit, Paul II. Hennigan, James W., Jr. Canavan, Harold W. Hogan, Charles V. Corbett, James J. McCann, Francis X. DeSaulnier, Edward J., Jr. McDermott, Frederick T. Donahue, Maurice A. Mullen, Arthur J. Foster, A. Frank Umana, Mario Gibney, Joseph F. Zarod, Stanley J. — 16.

N ays. Bowker, Philip G. Lundgren, Harold ft. Burkhardt, Otto F. Mahar, Ralph C. Cutler, Leslie B. Marston, Charles S., 3d Ferguson, Charles E. Olson, Charles W. Fleming, William D. Parker, John F. Fonseca, Mary L. Powers, John E. Gibbs, Donald L. Stanton, Elizabeth A. Graham, Philip A. Stone, Edward C. Hedges, Charles W. Tuckerman, Herbert S. Keith, Warren S. Wall, William X. Lamson, Fred Yerxa, John E. — 22.

A bsent ok N ot V oting. Conte, Silvio 0. — 1. So the amendment was rejected. Industrial Mr. Umana moved that the order be further amended by sub­ Accident Board, — stituting, in part, the House Bill providing for an increase in the salaries. salaries of the chairman and members of the Industrial Accident Board (House, No. 569, changed by striking out, in line 7, the word “twelve” and inserting in place thereof the word “ten”; and by striking out, in line 10, the word “thirteen” and inserting in place thereof the word “eleven”); and the question on the amendment was determined by a call of the yeas and nays, as follows, to wit: — Y ea s. Beades, John J. Hogan, Charles V. Benoit, Paul It. McCann, Francis X. Canavan, Harold W. McDermott, Frederick T. Corbett, James J. Mullen, Arthur J. Cutler, Leslie B. Olson, Charles W. DeSaulnier, Edward J., Jr. Powers, John E. Donahue, Maurice A. Stanton, Elizabeth A. Fleming, William D. Umana, Mario Foster, A. Frank Wall, William X. Gibney, Joseph F. Zarod, Stanley J. — 21. Hennigan, James W., Jr. TUESDAY, AUGUST 13, 1957. 1399

N ays. Bowker, Philip G. Keith, Warren S. Burkhardt, Orio F. Lundgren, Harold R. Ferguson, Charles E. Fonseca, Mary L. Mahar, Ralph C. Gibbs, Donald L. Marston, Charles S., 3d Graham, Philip A. Parker, John F. Hays, William E. Stone, Edward C. Hedges, Charles W. Tuckerman, Herbert S. Holmes, Newland H. Yerxa, John E. — 17. P a ired . Y e a . N ay. Fred Lamson (present), Silvio 0. Conte — 2. So the amendment was adopted; and, accordingly, the bill (House, No. 569, changed) was substituted and, under the rule, was placed in the Orders of the Day for the next session for a second reading. Mr. Donahue moved that the order be further amended by Director of substituting, in part, the House Bill increasing the salary of the clv11 Service. Director of Civil Service (House, No. 1919, changed by striking ~ salary- out, in line 6, the word “fifteen” and inserting in place thereof the word “fourteen”); and the question on this amendment was determined by a call of the yeas and nays, as follows, to wit: — Y ea s. Beades, John J. McCann, Francis X. Benoit, Paul H. McDermott, Frederick T, Burkhardt, Otto F. Mullen, Arthur J. Canavan, Harold W. Olson, Charles W. Corbett, James J. Parker, John F. Donahue, Maurice A. Powers, John E. Foster, A. Frank Stanton, Elizabeth A. Gibney, Joseph F. Umana, Mario Hennigan, James W., Jr. Wall, William X. Hogan, Charles Y. Lamson, Fred Zarod, Stanley J. — 21. N ays. Bowker, Philip G. Hedges, Charles W. Cutler, Leslie B. Holmes, Newland H. DeSaulnier, Edward J., Jr. Keith, Warren S. Ferguson, Charles E. Lundgren, Harold R. Fleming, William D. Mahar, Ralph C. Fonseca, Mary L. Marston, Charles S., 3d Gibbs, Donald L. Stone, Edward C. Graham, Philip A. Tuckerman, Herbert S. Hays, William E. Yerxa, John E. — 18. A bsent or N ot Voting. Conte, Silvio O. — 1. So the amendment was adopted; and, accordingly, the bill (House, No. 1919, changed) was substituted and, under the rule, was placed in the Orders of the Day for the next session for a second reading. The order (see Senate, No. 777) was then adopted. Mr. Mahar moved that this vote be reconsidered; and this Motion to motion was negatived. reconsider. The order was then sent down for concurrence. 1400 JOURNAL OF THE SENATE, Minimum The Senate Bill increasing the minimum fair wage rate (Senate, fair wage. No. 299), — was read a third time; and the question on passing it to be engrossed was determined by a call of the yeas and nays, as follows, to wit: — Yea s. Beades, John J. Hogan, Charles V. Benoit, Paul H. McCann, Francis X. Canavan, Harold W. McDermott, Frederick T. Corbett, James J. Mullen, Arthur J. Donahue, Maurice A. Powers, John E. Fleming, William D. Stanton, Elizabeth A. Fonseca, Mary L. Umana, Mario Foster, A. Frank Wall, William X. Gibney, Joseph F. Zarod, Stanley J. — 19. Hennigan, James W., Jr. N ays. Bovvker, Philip G. Lamson, Fred Burkhardt, Otto F. Lundgren, Harold It. Cutler, Leslie B. Mahar, R,alph C. DeSaulnier, Edward J., Jr. Marston, Charles S., 3d Ferguson, Charles E. Olson, Charles W. Gibbs, Donald L. Parker, John F. Graham, Philip A. Stone, Edward C. Hays, William E. Tuckerman, Herbert S. Holmes, Newland H. Yerxa, John E. — 19. Keith, Warren S. P a ired . Y ea . N ay. Silvio O. Conte, Charles W. Hedges (present) — 2. So the Senate refused to pass the bill to be engrossed. Motion to Mr. Gibbs moved that this vote be reconsidered. reconsider. Pending action on the motion to reconsider, Mr. Powers moved that the further consideration thereof be postponed until the next session; and the question on this motion was determined by a call of the yeas and nays, as follows, to wit: —

Y eas. Beades, John J. Hennigan, Janies W., Jr. Benoit, Paul H. Hogan, Charles Y. Canavan, Harold W. McCann, Francis X. Corbett, James J. McDermott, Frederick T. Donahue, Maurice A. Powers, John E. Fleming, William D. Stanton, Elizabeth A. Fonseca, Mary L. Umana, Mario Foster, A. Frank Wall, William X. Gibney, Joseph F. Zarod, Stanley J. — 18. N ays. Bowker, Philip G. Lamson, Fred Burkhardt, Otto F. Lundgren, Harold R. Cutler, Leslie B. Mahar, Ralph C. DeSaulnier, Edward J., Jr. Marston, Charles S., 3d Ferguson, Charles E. Mullen, Arthur J. Gibbs, Donald L. Olson, Charles W. Graham, Philip A. Parker, John F. Hays, William E. Stone, Edward C. Hedges, Charles W. Tuckerman, Herbert S. Holmes, Newland H. Yerxa, John E. — 21. Keith, Warren S. TUESDAY, AUGUST 13, 1957. 1401

Absent or N ot V oting. Conte, Silvio O. — 1. So the motion to postpone was negatived. The question on the motion to reconsider was then determined by a call of the yeas and nays, as follows, to wit: —

Y ea s. Beades, John J. Hogan, Charles V. Benoit, Paul H. McCann, Francis X. Canavan, Harold W. McDermott, Frederick T. Corbett, James J. Mullen, Arthur J. Donahue, Maurice A. Powers, John E. Fleming, William D. Stanton, Elizabeth A. Fonseca, Mary L. Umana, Mario Foster, A. Frank Wall, William X. Gibney, Joseph F. Zarod, Stanley J. — 19. Hennigan, James W., Jr.

N a ts. Bowker, Philip G. Keith, Warren S. Burkhardt, Otto F. Lamson, Fred Cutler, Leslie B. Lundgren, Harold R. DeSaulnier, Edward J., Jr. Mahar, Ralph C. Ferguson, Charles E. Marston, Charles S., 3d Gibbs, Donald L. Olson, Charles W. Graham, Philip A. Parker, John F. Hays, William E. Stone, Edward C. Hedges, Charles W. Tuckerman, Herbert S. Holmes, Newland H. Yerxa, John E. — 20.

Absent or N ot Voting. Conte, Silvio O. — 1. So the motion to reconsider was negatived. Without action on the remaining matters passed for considera­ tion in the Orders of the Day, — On motion of Mrs. Stanton, at twenty-six minutes before seven o’clock p .m . the Senate adjourned, to meet on the following day at eleven o’clock a .m . 1402 JOURNAL OF THE SENATE

Wednesday, August 14, 1957. Met according to adjournment. The following prayer was offered by the Reverend Mason F. McGinness of East Braintree: — Prayer ordered Eternal God, we ask the blessing of Thy spirit upon us as we printed. seek to perform our duties to the best of our abilities and highest values. We pray that the horizon of our minds include all men; the great family here on earth with us; those who have gone before and left to us the heritage of their memory and of their work; and those whose lives will be shaped by what we do or leave undone, and by what we are. Amen. On motion of Mr. Hedges, the above prayer was ordered printed in the Journal of the Senate. Bill Recalled from Governor Laid before the Senate. Ann Pudeator, — reversal of The engrossed Bill to reverse the attainders, judgments and attainders, etc. convictions for witchcraft of Ann Pudeator and others (see House, No. 2698), which, at a previous session, had been returned by His Excellency the Governor at the request of the Senate, — was laid before the Senate. Mr. Tuckerman 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 striking out all after the title and inserting in place thereof the following: — “ Whereas, One Ann Pudeator and certain other persons were indicted, tried, found guilty, sentenced to death and executed in the year sixteen hundred and ninety-two for ‘Witchcraft’; and “ Whereas, Said persons may have been illegally tried, con­ victed and sentenced by a possibly illegal court of oyer and terminer created by the then governor of the Province without authority under the Province Charter of Massachusetts Bay; and “Whereas, Although there was a public repentance by Judge Sewall, one of the judges of the so-called ‘Witchcraft Court’, and by all the members of the ‘Witchcraft’ jury, and a public Fast Day proclaimed and observed in repentance for the pro­ ceedings, but no other action taken in regard to them; and “Whereas, The General Court of Massachusetts is informed that certain descendants of said Ann Pudeator and said other persons are still distressed by the record of said proceedings; therefore be it “Resolved, That in order to alleviate such distress and although the facts of such proceedings cannot be obliterated, the General WEDNESDAY, AUGUST 14, 1957. 1403 Court of Massachusetts declares its belief that such proceedings, even if lawful under the Province Charter and the law of Massa­ chusetts as it then was, were and are shocking, and the result of a wave of popular hysterical fear of the Devil in the community, and further declares that, as all the laws under which said proceed­ ings, even if then legally conducted, have been long since aban­ doned and superseded by our more civilized lawTs no disgrace or cause for distress attaches to the said descendants or any of them by reason of said proceedings; and be it further “Resolved, That the passage of this resolve shall not bestow on the commonwealth or any of its subdivisions, or on any person any right which did not exist prior to said passage, shall not authorize any suit or other proceeding nor deprive any party to a suit or other proceeding of any defense which he hitherto had, shall not affect in any way whatever the title to or rights in any real or personal property, nor shall it require or permit the remission of any penalty, fine or forfeiture hitherto imposed or incurred.”; and by striking out the title and inserting in place thereof the following: “Resolve relative to the indictment, trial, conviction and execution of Ann Pudeator and certain other persons for ‘Witchcraft’ in the year sixteen hundred and ninety-two.” Sent down for concurrence in the amendments. R econsideration. On motion of Mr. Conte, by a vote of 12 to 8, the Senate re- District court considered the vote by which, at the preceding session, it had ’“S ' ~ passed to be engrossed the Senate Bill increasing the salaries of the justices of certain district courts (Senate, No. 121). Pending the recurring question on passing the bill to be en­ grossed, Mr. Hennigan moved that the further consideration thereof be postponed until the Orders of the Day had been dis­ posed of; and the question on this motion was determined by a call of the yeas and nays, as follows, to wit: —

Y eas, Beades, John J. Lundgren, Harold R. Benoit, Paul H. Mahar, Ralph C. Bowker, Philip G. McCann, Francis X. Canavan, Harold W. McDermott, Frederick T. Donahue, Maurice A. Mullen, Arthur J. Fleming, William D. Olson, Charles W. Fonseca, Mary L. Powers, John E. Foster, A. Frank Stanton, Elizabeth A. Gibney, Joseph F. Stone, Edward C. Hennigan, James W., Jr. Wall, William X. Hogan, Charles V. Zarod, Stanley J. — 22.

N ays. Burkhardt, Otto F. Hays, William E. Conte, Silvio O. Hedges, Charles W. Cutler, Leslie B. Keith, Warren S. Ferguson, Charles E. Parker, John F. Gibbs, Donald L. Tuckerman, Herbert S. Graham, Philip A Yerxa, John E. — 12. 1404 JOURNAL OF THE SENATE,

A bsent or N ot V oting. Corbett, James J. Marston, Charles S., 3d DeSaulnier, Edward J., Jr. Umana, Mario — 5. Lamson, Fred So the motion to postpone prevailed. Subsequently, the Orders of the Day having been disposed of, the bill was further considered. Mr. Graham moved that the bill be referred to the next annual session; and this motion was negatived, by a vote of 10 to 17. The recurring question on passing the bill to be engrossed was then determined by a call of the yeas and nays, as follows, to wit: —• Y eas. Beades, John J. Hogan, Charles V. Benoit, Paul H. Lundgren, Harold It. Bowker, Philip G. Mahar, Ralph C. Burkhardt, Otto F. McCann, Francis X. Canavan, Harold W. McDermott, Frederick T. Corbett, James J. Olson, Charles W. Donahue, Maurice A. Powers, John E. Fleming, William D. Stone, Edward C. Foster, A. Frank Umana, Mario Gibney, Joseph F. Wall, William X. — 21. Hennigan, James W., Jr. N ays. Conte, Silvio O. Lamson, Fred Ferguson, Charles E. Marston, Charles S., 3d Fonseca, Mary L. Mullen, Arthur J. Gibbs, Donald L. Parker, John F. Graham, Philip A. Stanton, Elizabeth A. Hedges, Charles W. Tuckerman, Herbert S. Keith, Warren S. Yerxa, John E. — 1-1. P a ir ed . Y ea s. N ays. Edward J. DeSaulnier, Jr. (j resent), Leslie B. Cutler. Stanley J. Zarod (present), William E. Hays. — 4. So the bill was again passed to be engrossed. Sent down for concurrence. Papers from the H ouse. Educational television, — The Senate Bill providing that cities and towns may contribute financing by to the financing of educational television programs from funds cities and appropriated for school purposes (Senate, No. 756, amended), towns. — came up, passed to be engrossed, in concurrence, with the following amendments: — Striking out, in line 3, the word “public”; striking out, in line 5, the word “educational”; and adding at the end the following sentence: — “The board of edu­ cation with the advice of the commissioner may appoint an executive committee to co-ordinate and administer these pro­ grams.”. The rule was suspended, on motion of Mr. Gibbs, and the amendments were considered forthwith. On further motion of the same Senator, the bill was further amended by inserting before the word “for”, in line 9, the words WEDNESDAY, AUGUST 14, 1957. 1405 “enrolled in public elementary and high schools in such city or town,”. The House amendments were then adopted, in concurrence, with the further amendment, which was sent down for concurrence. The Senate Bill providing for the construction and operation of common a garage for the parking of motor vehicles under Boston Common underground in the city of Boston and creating the Boston Common garage construction, authority and defining its powers and duties (printed as House, No. 1498, amended) (substituted, in part, for House Order, see House, No. 3311), — came up, passed to be engrossed, in concur­ rence, with the following amendments: — In section 3, striking out, in lines 26 and 27, the words “the Public Garden,”; and inserting after the word “Common”, in line 27, the words “, but in no event shall the construction of this tunnel be under or across the Public Garden”. Under the rule, the amendments were placed in the Orders of the Day for the next session, the question being on adopting them, in concurrence. The House Bill providing for the payment by the Common- Claim of Tonda wealth of a sum of money to Tonda C. Haynes of South Yarmouth ?omHmE ;of (House, No. 924, changed), — came up, with the endorsement that ““ference. the House had non-concurred in the Senate amendments (striking out all after the enacting clause and inserting in place thereof the following: — “Section 1. Tonda C. Haynes of South Yarmouth may bring a petition within one year after the passage of this act against the commonwealth under the provisions of chapter two hundred and fifty-eight of the General Laws that the court deter­ mine (1) whether there was negligence or other fault or violation of duty on the part of the commonwealth or any of its department heads, officials, employees, consultants, agents or servants in the construction of Route 6 in the town of Truro or elsewhere, whether in the failure to provide adequate facilities for the control of the tidal or other waters of the Pamet river or otherwise with the result that those waters inundated and caused damage to her land or crops,^ or both, and (2) the amount of damages sustained or to be sustained by her as a result of any such negligence, fault or violation of duty. “Section 2. This act shall take effect upon its passage.”; and striking out the title and inserting in place thereof the following: — “An Act granting the consent of the Commonwealth to a peti­ tion by Tonda C. Haynes.”) and had asked for a committee of conference on the disagreeing votes of the two branches; and that Representatives Cournoyer of Southbridge, Pothier of Haverhill and Hurlburt of Greenfield had been appointed the committee on the part of the House. The Senate insisted on its amendments, on motion of Mr. Stone, and concurred in the appointment of a committee of conference; and Senators Stone, Parker and Powers were joined on the part of the Senate. The bill was returned to the House endorsed accordingly. A House petition (accompanied by bill, House, No. 3341) of Qeneral Court John T. Tynan for establishing the per diem compensation of ™Ssd to mi 1406 JOURNAL OF THE SENATE vacancies or who resign, — members of the General Court chosen to fill a vacancy or who compensation. resign, — was referred, in concurrence, under a suspension of Joint Rule 12, to the committee on Public Service. Orders of the Day. The Orders of the Day were taken up. Commonwealth scholarship The recommitted House Bill providing for enlargement of the program. Commonwealth scholarship program (House, No. 3059),— was ordered to a third reading. North and South Metro­ The Senate Resolve reviving and continuing the special com­ politan Sewer­ age District, mission established for an investigation and study relative to etc., — the systems of sewerage and sewage disposal in the North and continued South Metropolitan Sewerage Districts and the city of Boston, study. and the water systems in said districts (printed in Senate, No. 775, App. B), — was read a second time and ordered to a third reading. The rules were suspended, on motion of Mr. Beades, and the resolve 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: “Resolve reviving and continuing the special commission established for an investigation and study relative to the systems of sewerage and sewage disposal in the North and South Metropolitan Sewerage Districts and in the city of Boston, and the metropolitan water supply system”. Sent down for concurrence. The bills Bills. Authorizing the town of Marshfield to assess betterments on certain public ways in said town (House, No. 3325); Providing for the nomination of members of the city council and school committee of the city of Lowell by preliminary elec­ tions and providing for their election by ordinary plurality voting (House, No. 3331); and Authorizing the Metropolitan District Commission to reimburse property owners in the city of Somerville for damage arising out of bursting of a water supply main (House, No. 3342); Were severally read a second time and ordered to a third reading. Braintree, — funds for The House Bill authorizing the town of Braintree to borrow lighting plant. money for the purpose of establishing a new plant to furnish electric light and power and extend and enlarge the existing facilities therefor (House, No. 3329),— was read a second time and ordered to a third reading. The rules were suspended, on motion of Mr. Hedges, and the bill was read a third time and passed to be engrossed, in concurrence. Malden, — sale of The House Bill authorizing the city of Malden to sell certain park land. land acquired for park purposes (House, No. 3336),— was read a second time and ordered to a third reading. The rules were suspended, on motion of Mr. Parker, and the bill was read a third time and passed to be engrossed, in concurrence. WEDNESDAY, AUGUST 14, 1957. 1407 The House Bill providing for reimbursement to cities, towns House and districts for payments lawfully made on account of injury bill. or death of fire fighters or policemen, or for property damage to equipment sustained while engaged in civil defense training activities (printed in House, No. 3302, amended), — was read a third time and passed to be engrossed, in concurrence. The House Bill relating to certain existing bond authorizations Bond (printed in House, No. 3323), — was read a third time. Mr. Fer­ authorizations. guson, for the committee on Bills in the Third Reading, reported, recommending that the bill be amended by substituting a new draft with the same title (Senate, No. 784)." This amendment was adopted. The bill, as amended by the substitution of the new draft (Senate, No. 784), was then passed to be engrossed. Sent down for concurrence. The House Report of the committee on Harbors and Public House Lands, reference to the next annual session (under Joint Rule 10), report. on the special report of the Commissioner of Administration (under authority of Section 7 of Chapter 7 of the General Laws, as amended by Chapter 610 of the Acts of 1948) recommending legislation to continue the investigation by the Department of Public Health, the Department of Public Works and the Depart­ ment of Natural Resources, acting as a joint board, relative to the elimination or control of submerged weeds in certain great ponds (House, No. 3309), — was accepted, in concurrence.

The motion that the Senate reconsider the vote by which, at a Access way previous session, it had passed to be engrossed, in concurrence, to land of the House Bill to provide for the construction of an access way Dennis Cochis. from Route 138 to land of Dennis Cochis in the town of Canton (House, No. 2059),— was considered; and the question thereon was determined by a call of the yeas and nays, as follows, to wit: — Y ea s. Bowker, Philip G. Keith, Warren S. Burkhardt, Otto F. Lamson, Fred Canavan, Harold W. Lundgren, Harold R. Conte, Silvio O. Mahar, Ralph C. Cutler, Leslie B. Parker, John F. Ferguson, Charles E. Tuckerman, Herbert S. Graham, Philip A. Yerxa, John E. — 15. Hays, William E. N ays. Beades, John J. Hogan, Charles V. Benoit, Paul H. McCann, Francis X. Corbett, James J. McDermott, Frederick T. Donahue, Maurice A. Mullen, Arthur J. Fleming, William D. Olson, Charles W. Fonseca, Mary L. Powers, John E. Foster, A. Frank Stanton, Elizabeth A. Gibbs, Donald L. Stone, Edward C. Gibney, Joseph F. Umana, Mario Hedges, Charles W. Wall, William X. Hennigan, James W., Jr. Zarod, Stanley J. — 22. 140S JOURNAL OF THE SENATE,

A bsent or N ot Voting. DeSaulnier, Edward J., Jr. Marston, Charles S., 3d — 2. So the motion to reconsider was negatived. Recess. There being no objection, at twenty-one minutes past twelve o’clock p .m . the President declared a recess until a quarter before two o’clock p .m .; at which hour the Senate reassembled (Mr. Hedges being in the Chair). Thereupon, the Chair ((Mr. Hedges) declared a further recess; and at nine minutes past two o’clock p .m . the Senate reassembled (the President having taken the Chair). Department of Commerce, — The motion that the Senate reconsider the vote by which, at new divisions. a previous session, it had rejected, as previously had been recom­ mended by the committee on Ways and Means, the House Bill creating a division of promotion and a division of regional economy within the Department of Commerce, and providing for an additional deputy commissioner for the Department of Commerce (House, No. 2998), — was considered; and the question thereon was determined by a call of the yeas and nays, as follows, to wit: — Y eas. Beades, John J. Lamson, Fred Benoit, Paul H. Marston, Charles S., 3d Canavan, Harold W. McCann, Francis X. Corbett, James J. McDermott, Frederick T. Donahue, Maurice A. Mullen, Arthur J. Fonseca, Mary L. Stanton, Elizabeth A. Foster, A. Frank Tuckerman, Herbert S. Gibney, Joseph F. Umana, Mario Hennigan, James W., Jr. Wall, William X. Hogan, Charles V. Zarod, Stanley J. —20. N a ts. Bowker, Philip G. Holmes, Newland H. Burkhardt, Otto F. Keith, Warren S. Conte, Silvio O. Lundgren, Harold R. Cutler, Leslie B. Mahar, Ralph C. Ferguson, Charles E. Parker, John F. Gibbs, Donald L. Stone, Edward C. Hedges, Charles W. Yerxa, John E. — 14. P a ir ed . Y ea s. N ays. Charles W. Olson (present), Edward J. DeSaulnier, Jr. John E. Powers (present), Philip A. Graham. William D. Fleming (present), William E. Hays —6. So the motion to reconsider prevailed. On the recurring question, the Senate refused to reject the bill, as previously had been recommended by the committee on Ways and Means; and, under the rule, it was placed in the Orders of the Day for the next session for a second reading. The bills Bills. Increasing the salaries of the justices of certain district courts (Senate, No. 634); WEDNESDAY, AUGUST 14, 1957. 1409 To increase the number of court officers in the Superior Court for the county of Middlesex (House, No. 1689); To reimburse cities and towns for maintaining approved ex­ tended courses of instruction (House, No. 2257, changed); Relative to certain scholarships (printed in House, No. 3188, App. K); Establishing the medical, dental and nursing scholarship board (House, No. 3253); Authorizing the Metropolitan District Commission to construct certain improvements and extensions to the distribution system of the metropolitan water district and to borrow money for the construction thereof (House, No. 3321, amended); and Authorizing the town of Pembroke to appropriate money for expenses in connection with the reception of the Mayflower II (House, No. 3324, changed); Were severally read a second time and ordered to a third reading. The Senate Bill providing for the salary of the justice of the Natickdistrict Natick district court (printed as House, No. 1057), — was read a salary of second time; and, by a vote of 1 to 17, the Senate refused to order iustIce- it to a third reading. The Senate Bill establishing the salary of the justice and clerks First district of the first district court of Eastern Worcester (printed as House, emWorcester", No. 1692), — was read a second time; and the Senate refused to “ salarles- order it to a third reading. The Bill providing for an increase in the salaries of the chairman industrial and members of the Industrial Accident Board (House, No. 569, Board, changed), — was read a second time and, by a vote of 15 to 9, salarles- ordered to a third reading. The House Bill increasing the salary of the Director of Civil civifservice Service (House, No. 1919, changed),— was read a second time; — salary, and the question on ordering it to a third reading was determined by a call of the yeas and nays, as follows, to wit: — Y ea s. Beades, John J. Hogan, Charles V. Benoit, Paul H. Lamson, Fred Bowker, Philip G. McCann, Francis X. Burkhardt, Otto F. McDermott, Frederick T. Canavan, Harold W. Mullen, Arthur J. Corbett, James J. Olson, Charles W. Foster, A. Frank Parker, John F. Gibbs, Donald L. Stanton, Elizabeth A. Gibney, Joseph F. Umana, Mario Graham, Philip A. Wall, William X. Hennigan, James W., Jr. Zarod, Stanley J. — 22. N a ts. Conte, Silvio O. Lundgren, Harold R. DeSaulnier, Edward J., Jr. Mahar, Ralph C. Ferguson, Charles E. Marston, Charles S., 3d Fleming, William D. Stone, Edward C. Fonseca, Mar3' L. Tuckerman, Herbert S. Hedges, Charles W. Yerxa, John E. — 13. Keith, Warren S. 1410 JOURNAL OF THE SENATE,

P aired. Y ea s. N ays. John E. Powers (present), Leslie B. Cutler. Maurice A. Donahue (present), William E. Hays — 4. So the bill was ordered to a third reading. Advisory committee on The Bill adding a representative of labor to the advisory com­ correction, — labor repre­ mittee on correction and to permit voluntary work for the Com­ sentative. monwealth by certain inmates of correctional institutions (House, No. 2869), — was read a second time, as previously amended by the Senate, and ordered to a third reading. Children, — care and The House Bill relative to the care and protection of children protection. (House, No. 3219), — was read a second time. By a vote of 3 to 9, the Senate rejected the pending amend­ ments previously recommended by the committee on Ways and Means, as follows: — In section 3, striking out, in lines 7 and 8, and 29 and 30, respec­ tively, the words “complaint or”; In section 4, striking out the paragraph contained in lines 5 to 13, inclusive, and inserting in place thereof the following new paragraph: — “Section 25. When such child is taken in custody upon said summons or precept and brought before said court, it may then hear said petition, or said petition may be continued to a time fixed for hearing, and the court may allow the child to be placed in the care of some suitable person or a licensed agency providing foster care for children; or the child may be committed to the custody of the department pending a hearing on said peti­ tion.”; In section 5, striking out, in line 10, the words “complaint and”; and striking out, in lines 12 to 16, inclusive, the words “, and may further continue said complaint and petition and allow the child to be placed in the care of some suitable person or chari­ table corporation upon furnishing surety for the further appearance of the child before said court whenever said court may require”; and Striking out section 6. The Senate then refused to order the bill to a third reading. Abolition of death penalty, The Resolve providing for an investigation and study by a — study. special commission relative to the abolition of the death penalty in capital cases (House, No. 3185),— was read a second time; and the question on ordering it to a third reading was determined by a call of the yeas and nays, as follows, to wit: — Y eas. Beades, John J. Hays, William E. Benoit, Paul H. Hedges, Charles W. Bowker, Philip G. Hennigan, James W., Jr. Burkhardt, Otto F. Hogan, Charles V. Canavan, Harold W. Keith, Warren S. Conte, Silvio O. Mahar, Ralph C. Corbett, James J. McDermott, Frederick T. Cutler, Leslie B. Parker, John F. Donahue, Maurice A. Powers, John E. Fleming, William D. Stone, Edward C. Foster, A. Frank Umana, Mario Gibney, Joseph F. Wall, William X. Graham, Philip A. Zarod, Stanley J. — 26. WEDNESDAY, AUGUST 14, 1957. 1411

DeSaulnier, Edward J., Jr. Marston, Charles S., 3d Ferguson, Charles E. McCann, Francis X. Fonseca, Mary L. Mullen, Arthur J. Gibbs, Donald L. Olson, Charles W. Holmes, Newdand H. Stanton, Elizabeth A. Lamson, Fred Tuckerman, Herbert S. Lundgren, Harold R. Yerxa, John E. — 14. So the resolve was ordered a third reading. State Pier in The Bill authorizing the Department of Public Works to New Bedford, convey to the city of New Bedford the State pier located in said — conveyance city (House, No. 2770, amended),— was considered; and, to city. pending the question on referring the bill to the next annual session, as previously had been recommended by the committee on Ways and Means, it was laid on the table, on motion of Mr. Mullen. Franklin Park The Bill authorizing the Metropolitan District Commission to Zoo, — acquisi­ acquire Franklin Park Zoo in the city of Boston (House, No. tion by Metro­ 3284), — was considered; and the question on referring it to the politan District next annual session, as previously had been recommended by Commission. the committee on Ways and Means, was determined by a call of the yeas and nays, as follows, to wit: — Y eas. Bowker, Philip G. Holmes, Newland H. Conte, Silvio 0. Keith, Warren S. Ferguson, Charles E. Lamson, Fred Gibbs, Donald L. Lundgren, Harold R. Graham, Philip A. Marston, Charles S., 3d Hays, William E. Olson, Charles W. Hedges, Charles W. Parker, John F. Hogan, Charles V. Stone, Edward C. — 16. N ays. Beades, John J. Hennigan, James W., Jr. Benoit, Paul H. Mahar, Ralph C. Burkhardt, Otto F. McCann, Francis X. Canavan, Harold W. McDermott, Frederick T. Corbett, James J. Mullen, Arthur J. Cutler, Leslie B. Powers, John E. DeSaulnier, Edward J., Jr. Stanton, Elizabeth A. Donahue, Maurice A. Tuckerman, Herbert S. Fleming, William D. Umana, Mario Fonseca, Mary L. Wall, William X. Foster, A. Frank Yerxa, John E. Gibney, Joseph F. Zarod, Stanley J. — 24. So the Senate refused to refer the bill to the next annual session, as previously had been recommended by the committee on Ways and Means. Under the rule, the bill was placed in the Orders of the Day for the next session for a second reading. The House Bill to include cafeteria workers employed in the Cafeteria workers in school department of cities and towns under workmen’s com­ schools, — pensation benefits (House, No. 3306), — was read a third time. workmen’s Mr. Ferguson, for the committee on Bills in the Third Reading, compensation. 1412 JOURNAL OF THE SENATE, reported, asking to be discharged from further consideration thereof. This report was accepted. The Senate then refused to pass the bill to be engrossed, in concurrence. Motion to At twenty-nine minutes before six o’clock p .m ., Mr. Hedges adjourn. moved that the Senate adjourn; and, by a vote of 9 to 18, this motion was negatived. Irrevocable The Senate Report of the committee on Harbors and Public licenses for fill over Lands, reference to the next annual session (under Joint Rule 10), tidewaters. on the petition (accompanied by bill, Senate, No. 773) of Charles W. Olson for legislation to provide that certain licenses granted by the Port of Boston Authority and the Department of Public Works for the purpose of placing and maintaining fill over certain tidewaters be irrevocable,—was considered; and, pending the question on accepting the report, it was laid on the table, on motion of Mr. Powers. Westwood, — The Senate Report of the committee on Metropolitan Affairs, inclusion in South Metro­ reference to the next annual session (under Joint Rule 10), on the politan Sewer­ petition (accompanied by bill, Senate, No. 774) of John E. Alcott age District. and others, sewer commissioners, for legislation to include the town of Westwood within the South Metropolitan Sewerage Dis­ trict, — was considered, the question being on accepting it. On motion of Mr. Bowker, the report was amended by substitut­ ing a “Bill to include the town of Westwood within the South Metropolitan Sewerage District” (Senate, No. 774); and the bill was read and, under the rule, referred to the committee on Ways and Means. Reports of Committees. Housing for elderly persons, By Mr. Mahar, for the committee on Ways and Means, that — validation the House Bill relative to validation of the approval of additional of approval. housing projects for the housing of elderly persons in certain towns (printed in House, No. 3322, amended), ought to pass; Placed in the Orders of the Day for the next session for a second reading. Henry D. Chadwick, — By Mr. Ferguson, for the committee on Counties on the part reinstatement. of the Senate, that the Senate Bill providing for the reinstatement of Henry D. Chadwick, a former State employee, for the sole purpose of retirement, and relative to his retirement rights under the State Retirement System (Senate, No. 369), — ought to pass, with an amendment substituting a new draft entitled “An Act providing for the reinstatement of Henry D. Chadwick, a former employee of Middlesex County for the sole purpose of retirement, and relative to his retirement rights under the contributory retire­ ment system” (Senate, No. 783); Placed in the Orders of the Day for the next session, the question being on ordering the bill to a third reading, with the amendment pending. On motion of Mr. Mullen, at two minutes past six o’clock p .m . the Senate adjourned, to meet on the following day at eleven o’clock A.M. THURSDAY, AUGUST 15, 1957. 1413

Thursday, August 15, 1957. Met according to adjournment. The following prayer was offered by the Reverend Mason F. McGinness of East Braintree: — We pray, 0 God, that we may rise above the demands of work Prayer ordered and duty if only for a moment, to see life and ourselves in a larger printed. view. And in that moment of greater perspective may we find the power to meet the challenge of ignorance through the en­ lightenment of our own minds, and by the quiet and persistent wit­ ness to the truths known in the sacred places of the human soul. May we also learn to replace cynicism with faith, despair with hope, and greed with service. Thus may the fullness of thy blessing be upon us. Amen. On motion of Mrs. Stanton, the above prayer was ordered printed in the Journal of the Senate. Resolve Recalled from Governor Laid before the Senate. Frank K. The engrossed Resolve in favor of Frank K. Hirons of Hingham Ilirons, — (see Senate, No. 637), which, at a previous session, had been re­ claim. turned by His Excellency the Governor at the request of the Senate, — was laid before the Senate. Mrs. Stanton asked unanimous consent that she might move that the Senate reconsider the vote by which, at a previous session, it had passed the resolve; but objection thereto was made. The resolve, having previously been signed by the President, was again laid before the Governor for his approbation. Taken from the Table. Employed On motion of Air. Mahar, the Senate Report of the committee children, — on Public Welfare, reference to the next annual session, on the peti­ support of tion (accompanied by bill, Senate, No. 437) of Gilbert F. Mueller parents. for legislation to establish the liability of employed children of parents receiving aid to dependent children, — was taken from the table and considered; and it was accepted. On motion of Mr. Powers, the House Order relative to author­ Boston, — new izing the appointment of a joint special committee to sit during city hall, etc. the recess of the General Court to investigate the construction of a new city hall by the city of Boston, the construction of a federal office building by said city to be sold to the United States and the construction of a garage under Boston Common (Flouse, No. 3311), — was taken from the table and considered; and it was rejected. Statement by Senator Conte. Air. Conte arose to a question of personal privilege, which, Statement by being stated, was that, when the vote had been taken on Tuesday, Senator Conte. August 13, on the question on substituting the House Bill pro- 1414 JOURNAL OF THE SENATE, viding for an increase in the salaries of the chairman and members of the Industrial Accident Board (House, No. 569, changed), in part, for the Senate order, see Senate, No. 777, he had been un­ avoidably absent from the Senate Chamber on official business; and that, in his absence, he had been erroneously paired as voting in the negative. He further stated that, had he been present, he would have voted in the affirmative. He asked that his statement be printed in the Journal of the Senate; and, there being no objection, it was so ordered. Papeks from the PIouse. Engrossed Bills and Resolve. The following engrossed bills (the first four of which originated Bills laid in the Senate) were severally passed to be enacted, to wit: — before Authorizing the city of Lynn to pay an annuity to the widow of Governor. the late Levi Walter Hurd (see Senate, No. 513, changed and amended); Authorizing the city of Waltham to reinstate Frances D. Maguire, a former employee of said city, for the sole purpose of retirement (see Senate, No. 528); Relative to the incurrence of indebtedness by the city of North­ ampton for the construction of sewage treatment works (see Senate, No. 754); Providing that the table of changes in the laws may be printed in a separate volume and authorizing distribution of the advanced sheets of the Acts and Resolves to additional public officials (see Senate, No. 772); Relative to abutting service facilities on limited access ways (see Senate, No. 780); Providing for the reimbursement of cities and towns for loss of taxes through abatements granted to the widows of paraplegic veterans (see House, No. 1956); To restrict the taxation of gains and the deductibility of losses to transactions connected with the taxpayer’s trade or business or entered into for profit (see House, No. 2821, amended); Providing for further security for payments to laborers, sub­ contractors, materialmen and others engaged in public construc­ tion (see Senate Bill printed as House, No. 2982, amended); Authorizing the town of Braintree to borrow money for the purpose of establishing a new plant to furnish electric light and power and extend and enlarge the existing facilities therefor (see House, No. 3329); and Authorizing the city of Malden to sell certain land acquired for park purposes (see House, No. 3336). Resolve laid before An engrossed Resolve providing for the continuance of an in­ Governor. vestigation by the Department of Public Health relative to the sanitary condition of the Abcrjona River and the Mystic Lakes in the cities of Medford and Woburn and the towns of Arlington, Burlington, Reading, Stoneham, Winchester and Wilmington (see House Resolve printed in House, No. 3314) (which originated in the House), — was passed and, with the above-named bills, was THURSDAY, AUGUST 15, 1957. 1415 signed by the President and laid before the Governor for his approbation. Orders of the Day. The Orders of the Day were taken up. Henry D. The Senate Bill providing for the reinstatement of Henry D. Chadwick, — Chadwick, a former State employee, for the sole purpose of retire­ reinstatement. ment, and relative to his retirement rights under the State retire­ ment system (Senate, No. 369), — was considered, the main ques­ tion being on ordering it to a third reading. The Senate adopted the pending amendment previously recom­ mended by the committee on Counties on the part of the Senate, to substitute a new draft entitled “An Act providing for the rein­ statement of Henry D. Chadwick, a former employee of Middle­ sex County for the sole purpose of retirement, and relative to his retirement rights under the contributory retirement system” (Senate, No. 783); and, accordingly, the new draft was substituted. The bill, as amended by the substitution of the new draft (Senate, No. 783), was then ordered to a third reading. The rules were suspended, on motion of Mr. Ferguson, and the bill was read a third time and passed to be engrossed. Sent down for concurrence. Department of The House Bill creating a division of promotion and a division Commerce, — of regional economy within the Department of Commerce, and additional providing for an additional deputy commissioner for the Depart­ divisions. ment of Commerce (House, No. 2998), — was read a second time and ordered to a third reading. Subsequently, the rules were suspended, on motion of Mr. Mullen, and the bill was read a third time, its title having been changed by the committee on Bills in the Third Reading so as to read as follows: “An Act creating a division of promotion and a division of regional economy within the Department of Commerce and providing for an additional deputy commissioner of com­ merce”. On further motion of the same Senator, the bill was amended by substituting a new draft entitled “An Act providing for an additional deputy commissioner of commerce and creating a division of promotion and division of regional economy within the Department of Commerce” (Senate, No. 788). There being no objection, on further motion of Mr. Mullen, the rules were further suspended, and the bill, as amended by the substitution of the new draft (Senate, No. 788), was further con­ sidered forthwith and was passed to be engrossed. Sent down for concurrence. Housing for The House Bill relative to validation of the approval of addi­ elderly persons, tional housing projects for the housing of elderly persons in cer­ — validation tain towns (printed in House, No. 3322, amended), — was read a of approval. second time and ordered to a third reading. The rules were suspended, on motion of Mr. Gibney, and the bill was read a third time and passed to be engrossed, in concurrence. 1416 JOURNAL OF THE SENATE, Senate bill. The Senate Bill increasing the salaries of the justices of certain district courts (Senate, No. 634), — was read a third time and passed to be engrossed. Sent down for concurrence. The House bills House Increasing the salaries of the chairman and members of the bills. Industrial Accident Board (House, No. 569) (its title having been changed by the committee on Bills in the Third Reading); Increasing the salary of the Director of Civil Service (House, No. 1919, changed); Relative to State reimbursement for cities and towns maintain­ ing approved extended courses of instruction (House, No. 2257, changed) (its title having been changed by the committee on Bills in the Third Reading); To provide that the names of Warren C. Winchenbach and Wallace P. Mangell be placed on an eligible list for promotion to the position of park foreman in the Parks Division of the Metro­ politan District Commission (House, No. 2792) (its title having been changed by the committee on Bills in the Third Reading); _ Providing for the granting of certain scholarships to certain students at the State Teachers College at Fitchburg (printed in House, No. 3188, App. K.) (its title having been changed by the committee on Bills in the Third Reading); Establishing the medical, dental and nursing scholarship board (House, No. 3253); and Authorizing the town of Pembroke to appropriate money for expenses in connection with the reception of the Mayflower II (House, No. 3324, changed); Were severally read a third time and passed to be engrossed, in concurrence. Middlesex Superior The House Bill to increase the number of court officers in the Court, — Superior Court for the county of Middlesex (House, No. 1689),— court officers. was read a third time. Mr. Ferguson, for the committee on Bills in the Third Reading, reported, recommending that the bill be amended by substituting a new draft entitled “An Act providing for two additional court officers in the Superior Court for the county of Middlesex” (Senate, No. 786). This amendment was adopted. The bill, as amended by the substitution of the new draft (Senate, No. 786), was then passed to be engrossed. Sent down for concurrence. Advisory committee on The House Bill providing for a representative of labor on the correction, — advisory committee on correction (House, No. 2869) (its title labor having been changed by the committee on Bills in the Third representative. Reading), — was read a third time and passed to be engrossed, in concurrence, with the amendment previously adopted by the Senate, which was sent down for concurrence. Marshfield, — assessment for The House Bill authorizing the town of Marshfield to assess betterments on betterments on certain public ways in said town (House, No. public ways. 3325), — was read a third time. Mr. Ferguson, for the committee on Bills in the Third Reading, reported, recommending that the THURSDAY, AUGUST 15, 1957. 1417 bill be amended in section 1, by inserting after the word “eighty”, in line 2, the words “, and section twenty-seven of chapter eighty- three”; by striking out, in line 4, the words “on all construction for betterments” and inserting in place thereof the words “for the construction of public improvements on County way, Priscilla road,”; and in the title, by inserting after the word “betterments” the words “for public improvements”. These amendments were adopted. The bill was then passed to be engrossed, in concurrence, with the amendments, which were sent down for concurrence.

The House amendments of the Senate Bill providing for the Boston construction and operation of a garage for the parking of motor underground vehicles under Boston Common in the city of Boston and creating Instruction the Boston Common garage authority and defining its powers and duties (printed as House, No. 1498, amended) in section 3, striking out, in lines 26 and 27, the words “the Public Garden,”; and inserting after the word “Common”, in line 27, the words “, but in no event shall the construction of this tunnel be under or across the Public Garden”, — were considered. Mr. Ferguson, for the committee on Bills in the Third Reading, reported, recommending that the bill be further amended as follows: — in section 3, by striking out, in lines 10 and 11, the words “Commonwealth avenue, Arlington street, the Public Garden and”; and by striking out, in lines 23 to 27, inclusive, the words “from a point on Commonwealth avenue midway between Arlington and Berkeley streets and running in an easterly direction on and under Commonwealth avenue and under Arling­ ton street,” and inserting in place thereof the words “on and under”; and in section 4, by striking out, in lines 5 and 6, the words “Commonwealth avenue, Arlington street, the Public Garden and”. These amendments were adopted. The House amendments were then adopted, in concurrence, with the further amendments, which were sent down for concur­ rence. The House Bill authorizing the Metropolitan District Commis- Franklin park sion to acquire Franklin Park Zoo in the city of Boston (House, f£n by Metro-' No. 3284), — was read a second time and was amended, on mo- g°1“mis°10s‘rlct tion of Mr. Powers, by inserting after section 1, the following new section: — “Section 1A. Upon the acquisition, or the transfer of the care and control, of the whole or any part of said portion of Franklin Park as provided in section one, said commission shall operate, maintain and improve the zoo and other facilities thereon; provided, however, that no charge shall be made for admission to said zoo.”. On further motion of the same Senator, the bill was amended in section 1, by striking out all after the word “commission,”, in line 6, and inserting in place thereof the words “that portion of Franklin park in the city of Boston bounded by Seaver street, Blue Hill avenue, Glen lane, the northerly road running from Glen 1418 JOURNAL OF THE SENATE, lane at Valley gate to Pierpont road, Pierpont road, and the road running from Pierpont road to Seaver street opposite Elm Hill avenue, including the zoo and other facilities thereon.”. The bill, as amended, was then ordered to a third reading. Subsequently, the rules were suspended, on motion of Mr. Beades, and the bill was read a third time and passed to be en­ grossed, in concurrence, with the amendments, which were sent down for concurrence. Dependents of persons in The Senate Bill providing for compensation to dependents of armed forces certain officers or enlisted persons of the armed forces of the Com­ of State, — monwealth whose death resulted from injuries while on certain compensation. duties and providing for the payment of a sum of money to John A. and Pauline J. DeMarco of North Adams (Senate, No. 781), — was read a third time. Mr. Ferguson, for the committee on Bills in the Third Reading, reported, recommending that the bill be amended by substituting a “Resolve in favor of John A. and Pauline J. DeMarco” (Senate, No. 787). This amendment was adopted. The bill, as amended by the substitution of the resolve (Senate, No. 787), was then passed to be engrossed. Sent down for concurrence. C ommonwealth scholarship The recommitted House Bill providing for enlargement of the program. Commonwealth scholarship program (House, No. 3059, amended), — was read a third time. Mr. Ferguson, for the committee on Bills in the Third Reading, reported, recommending that the bill be amended by striking out, in lines 31 and 32, the words “funds in any one year be allotted to students at state-supported institu­ tions of higher education” and inserting in place thereof the words “total amount of scholarships awarded in any one year shall be allotted to students at institutions of higher education supported by the commonwealth”. This amendment was adopted. The bill was then passed to be engrossed, in concurrence, with the amendment, which was sent down for concurrence. The House bills House bills. Authorizing the Metropolitan District Commission to construct certain improvements and extensions to the distribution system of the metropolitan water district and to borrow money for the construction thereof (House, No. 3321, amended); and Providing for the nomination of members of the city council and school committee of the city of Lowell by preliminary elections and providing for their election by ordinary plurality voting (House, No. 3331); Were severally read a third time and passed to be engrossed, in concurrence. Somerville, — reimbursement The House Bill authorizing the Metropolitan District Commis­ of property owners for sion to reimburse property owners for damage caused by the flood damage. bursting of a water supply main in the city of Somerville (House, No. 3342) (its title having been changed by the committee on Bills in the Third Reading),— was read a third time and was THURSDAY, AUGUST 15, 1957. 1419 amended, on motion of Mr. Corbett, by striking out, in lines 14 and 15, the words “for private property located within the limits of any public way” and inserting in place thereof the words “under the provisions of this act for any poles, wires, pipes or other public utility facilities located within the limits of any public way under any grant, license or permit”. The bill was then passed to be engrossed, in concurrence, with the amendment, which was sent down for concurrence. The House Resolve providing for an investigation and study Abolition of by a special commission relative to the abolition of the death iesttudpyenalty’ penalty in capital cases (House, No. 3185), — was read a third time. Mr. Lundgren moved that the resolve be amended by striking out, in line 4, the word “seven” and inserting in place thereof the word “three”; and this amendment was rejected. The same Senator then moved that the resolve be amended by striking out, in line 4, the word “seven” and inserting in place thereof the word “five”; and the question on this amendment was determined by a call of the yeas and nays, as follows, to wit: — Y eas. Ferguson, Charles E. Lundgren, Harold R. Fonseca, Mary L. McCann, Francis X. Gibbs, Donald L. Stanton, Elizabeth A. Hedges, Charles W. Tuckerman, Herbert S. — 8. N ays. Beades, John J. Hennigan, James W., Jr. Benoit, Paul H. Hogan, Charles V. Bowker, Philip G. Keith, Warren S. Burkhardt, Otto F. Mahar, Ralph C. Canavan, Harold W. McDermott, Frederick T. Conte, Silvio O. Parker, John F. Cutler, Leslie B. Stone, Edward C. Donahue, Maurice A. Umana, Mario Fleming, William D. Wall, William X. Foster, A. Frank Zarod, Stanley J. — 21. Gibney, Joseph F. P a ired. Y eas. N ays. Edward J. DeSaulnier, Jr., John E. Yerxa (present). Arthur J. Mullen (present), James J. Corbett. William E. Hays, John E. Powers (present) — 6. A bsent or N ot V oting. Graham, Philip A Marston, Charles S., 3d Lamson, Fred Olson, Charles W. — 4. So the amendment was rejected. The resolve was then passed to be engrossed, in concurrence. Recess. There being no objection, at half past twelve o’clock p .m . the Recess. Chair (Mr. Hedges) declared a recess until half past one o’clock p .m . ; at which hour the Senate reassembled (the President having 1420 JOURNAL OF THE SENATE. taken the Chair). Thereupon, the President declared a further recess; and at a quarter before two o’clock p .m . the Senate re­ assembled. Order Adopted. On motion of Mr. Hedges, — Senate, — next Ordered, That, when the Senate adjourns on Monday next it session, etc. adjourn to meet on Thursday, August 22; and that so much of Senate Rule No. 7 as requires the printing of a Calendar be sus­ pended with reference to the sessions of Monday next and Thurs­ day, August 22. P a p e r s f r o m t h e H o u s e . Trustees of Soldiers’ Home A special report of the Commissioner of Administration (under in Massachu­ authority of Section 7 of Chapter 7 of the General Laws, as setts, — con­ veyance of amended by Chapter 610 of the Acts of 1948) recommending land. legislation to authorize the board of trustees of the Soldiers’ Home in Massachusetts to convey a certain parcel of land in the city of Chelsea to Edward P. Holland (House, No. 3339), — was re­ ferred, in concurrence, to the committee on Military Affairs. Engrossed Bill Rejected. Boston, — An engrossed Bill authorizing the city of Boston to borrow money for money for the preparation of a collection of maps showing the maps. divers estates in said city (see House, No. 1889) (which originated in the House), — was put upon its final passage; and the Senate refused to pass it to be enacted. On motion of Mr. Marston, at twenty-one minutes past two o’clock p .m . the Senate adjourned, to meet on the following Mon­ day at one o’clock p .m . MONDAY, AUGUST 19, 1957. 1421

Monday, August 19, 1957. Met according to adjournment (Mr. Hedges in the Chair). Bill Recalled from Governor Laid before the Senate. The engrossed Bill relative to the retirement allowance of Anna Anna J. Woods J. Woods (see House, No. 1642), which, at a previous session, had jaiowance.ent been returned by His Excellency the Governor at the request of the Senate, — was laid before the Senate. Mr. Beades 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; but objection thereto was made. The bill, having previously been signed by the President, was again laid before the Governor for his approbation. Bills Recalled from the Governor. On motion of Mr. Canavan, 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 Relative to gifts of securities and money to minors and to make Gifts of securi- uniform the law with reference thereto (see Senate, No. 308, tles t0 minors, amended); and Authorizing the city of Waltham to reinstate Frances D. Waltham, - Maguire, a former employee of said city, for the sole purpose of onnmcSn* retirement (see Senate, No. 528). MaFgX esD' Mr. Canavan was appointed the messenger, in each instance. Subsequently, the bills were severally returned. On motion of Mr. Wall, it was voted that a message be sent to Northampton, His Excellency the Governor requesting the return to the Senate men°tWworksreat~ of the engrossed Bill relative to the incurrence of indebtedness by ™en "°r S' the city of Northampton for the construction of sewage treatment works (see Senate, No. 754). Mr. Wall 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; but objection thereto was made. The bill, having previously been signed by the President, was again laid before the Governor for his approbation. On motion of Mr. Wall, it was voted that a message be sent Limited access to His Excellency the Governor requesting the return to the Sen- S u n g service ate of the engrossed Bill relative to abutting service facilities on Acuities, limited access ways (see Senate, No. 780). Mr. Wall 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 1422 JOURNAL OF THE SENATE, reconsider the vote by which, at a previous session, it had passed the bill to be enacted; but objection thereto was made. The bill, having previously been signed by the President, was again laid before the Governor for his approbation. Uniform com­ On motion of Mr. Wall, it was voted that a message be sent mercial code. to His Excellency the Governor requesting the return to the Sen­ ate of the engrossed Bill establishing the uniform commercial code (see House, No. 130, changed). Mr. Wall was appointed the messenger. Subsequently, the bill was returned. Cities and towns, — tax On motion of Mr. Wall, it was voted that a message be sent loss through abatements to to His Excellency the Governor requesting the return to the Senate widows of of the engrossed Bill providing for the reimbursement of cities and paraplegic towns for loss of taxes through abatements granted to the widows veterans. of paraplegic veterans (see House, No. 1956). Mr. Wall 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; but objection thereto was made. The bill, having previously been signed by the President, was again laid before the Governor for his approbation. Changes in Committee Appointments. Committee The President announced that Senator McDermott had been changes. relieved from duty on the committee on Engrossed Bills (at his own request); and that Senator Beades had been appointed to fill the vacancy on said committee.

P a p e r s f r o m t h e H o u s e . House petitions were referred, in concurrence, as follows: — Medford, — Petition (accompanied by bill, House, No. 3344) of Thomas J. transfer of Doherty, Michael Catino and Alexander J. Celia that provision control of land. be made for the transfer to the jurisdiction of the city of Medford of certain lands now under the control of the park department of said city; Under a suspension of Joint Rule 12, to the committee on Cities. Fitchburg, — payment of Petition (accompanied by bill, House, No. 3345) of Hedley unpaid bills. Bray (mayor), Gerald P. Lombard and members of the city council that the city of Fitchburg be authorized to appropriate money for the payment of and to pay certain bills; Under a suspension of Joint Rule 12, to the committee on Mu­ nicipal Finance. Recess. Recess. There being no objection, at nine minutes past one o’clock p .m . the President (having taken the Chair) declared a recess; and at half past two o’clock p .m . the Senate reassembled. MONDAY, AUGUST 19, 1957. 1423 Emergency Preambles Adopted. State em­ An engrossed Bill relative to the method of filling certain va­ ployees, — cancies in the State service and to correct certain inequities in the filling of va­ fixing of salaries for State employees (see House, No. 3220, cancies, etc. 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 9 to 0. Fire fighters An engrossed Bill providing for reimbursement to cities, towns and policemen, and districts for payments lawfully made on account of injury or — protection against damage death of fire fighters or policemen, or for property damage to during civil de­ equipment sustained while engaged in Givil defense training ac­ fense training. tivities (see House Bill printed in House, No. 3302, 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 con­ currence, by a vote of 9 to 0. The bills were severally signed by the President and sent down for enactment. Engrossed Bills and Resolve. The following engrossed bills (all of which originated in the House) were severally passed to be enacted, to wit: — Relative to State reimbursement for cities and towns main­ Bills laid taining approved extended courses of instruction (see House, before No. 2257, changed); Governor. To provide that the names of Warren C. Winchenbach and Wallace P. Magnell be placed on an eligible list for promotion to the position of park foreman in the parks division of the Metro­ politan District Commission (see House, No. 2792); Relative to the sale, rental, leasing, carrying and use of fire­ arms and the possession, carrying and use of dangerous weapons (see House Bill printed in House, No. 3075, App. A, changed and amended); Relative to the method of filling certain vacancies in the State service and to correct certain inequities in the fixing of salaries for State employees (see House, No. 3220, amended); Providing for reimbursement to cities, towns and districts for payments lawfully made on account of injury or death of fire fighters or policemen, or for property damage to equipment sus­ tained while engaged in civil defense training activities (see House Bill printed in House, No. 3302, amended); Authorizing the town of Pembroke to appropriate money for expenses in connection with the reception of the Mayflower II (see House, No. 3324, changed); and Providing for the nomination of members of the city council and school committee of the city of Lowell by preliminary elec­ tions and providing for their election by ordinary plurality voting (see House, No. 3331). 1 4 2 4 JOURNAL OF THE SENATE, Resolve laid before An engrossed Resolve providing for an investigation and study Governor. by a special commission relative to the abolition of the death penalty in capital cases (see House, No. 3185) (which originated in the House), — was passed and, with the above-named bills, was signed by the President and laid before the Governor for his approbation. Without proceeding to consideration of the Orders of the Day (a quorum not being present), on motion of Mr. Fleming (Mr. Hedges being in the Chair), at twenty minutes past three o’clock p.m. the Senate adjourned, to meet on the following Thursday at eleven o’clock a.m. THURSDAY, AUGUST 22, 1957. 1425

T h u r s d a y , August 22, 1957. Met according to adjournment. Bills and Resolve Recalled from Governor Laid before the Senate. The engrossed Bill increasing certain fees charged by the Com- corporations, monwealth for issuing and filing certain papers relating to cer- pa^ for tain corporations and limited partnerships, and certain other papers (see Senate, No. 741), which, at a previous session, had been returned by His Excellency the Governor at the request of the Senate, — was laid before the Senate. Mr. Wall 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; but objection thereto was made. The bill, having previously been signed by the President, was again laid before the Governor for his approbation. The engrossed Bill establishing a new schedule of fees for ex- Gas meter animation by the Department of Public Utilities of gas meters feeasmInatloa and other apparatus used in the manufacture or distribution of gas (see House, No. 74, amended), which, at a previous session, had been returned by His Excellency the Governor at the request of the Senate, — was laid before the Senate. Mr. Wall asked unanimous consent that he might move that the Senate reconsider the vote by which, at a previous session, it has passed the bill to be enacted; but objection thereto was made. The bill, having previously been signed by the President, was again laid before the Governor for his approbation. The engrossed Bill to confer jurisdiction on the municipal court court,- of the city of Boston to hear certain appeals from the workmen’s workmen’s compensation board (see House, No. 2748, amended), which, at a appePaeis.satl°n previous session, had been returned by His Excellency the Gov­ ernor at the request of the Senate, — was laid before the Senate. Mr. Canavan 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 re-enacted; but objection thereto was made. The bill, having previously been signed by the President, was again laid before the Governor for his approbation. The engrossed Bill authorizing the district attorney for the District Northern District to employ additional legal assistants and a S S '0' special assistant district attorney (see House, No. 3281, amended), district,- which, at a previous session, had been returned by His Excellency the Governor at the request of the Senate, — was laid before the Senate. 1 4 2 6 JOURNAL OF THE SENATE, Mr. Beades 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; but objection thereto was made. The bill, having previously been signed by the President, was again laid before the Governor for his approbation. ______The engrossed Resolve increasing the scope of the commission state needs,- on audit of State needs (see Senate, No. 747), which, at a previous ncrease scope' session, had been returned by His Excellency the Governor at the request of the Senate, — was laid before the Senate. Mr. Hedges asked unanimous consent that he might move that the Senate reconsider the vote by which, at a previous session, it had passed the resolve; but objection thereto was made. The resolve, having previously been signed by the President, was again laid before the Governor for his approbation. Bills Recalled from the Governor. Limited access ways, — On motion of Mr. Beades, it was voted that a message be sent abutting service to His Excellency the Governor requesting the return to the Sen­ facilities. ate of the engrossed Bill relative to abutting service facilities on limited access ways (see Senate, No. 780). Mr. Beades 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; but objection thereto was made. The bill, having previously been signed by the President, was again laid before the Governor for his approbation. On motion of Mr. Canavan, 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 Municipalities. — reimburse­ Relative to State reimbursement for cities and towns main­ ment for taining approved extended courses of instruction (see House, courses. No. 2257, changed); Warren Winchenback To provide that the names of Warren C. Winchenbach and and Wallace Magnell, —• Wallace P. Magnell be placed on an eligible list for promotion to promotion. the_ position of park foreman in the parks division of the Metro­ Lowell city politan District Commission (see House, No. 2792); and council and Providing for the nomination of members of the city council school com* mittee, — and school committee of the city of Lowell by preliminary elec­ election by tions and providing for their election by ordinary plurality voting plurality (see House, No. 3331). voting. Mr. Canavan was appointed the messenger, in each instance. Subsequently, the bills were severally returned. State em­ ployees, — On motion of Mr. Hedges, it was voted that a message be sent filling of va­ to His Excellency the Governor requesting the return to the cancies, etc. Senate of the engrossed Bill relative to the method of filling cer­ tain vacancies in the State service and to correct certain inequities in the fixing of salaries for State employees (see House, No. 3220, amended). Mr. Hedges was appointed the messenger. Subsequently, the bill was returned and was laid before the Senate. The same THURSDAY, AUGUST 22, 1957. 1427 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; but objection thereto was made. The bill, having previously been signed by the President, was again laid before the Governor for his approbation. Re-ports of Committees. Westwood, — By Mr. Mahar, for the committee on Ways and Means, that inclusion in the Senate Bill to include the town of Westwood within the South South Metro­ Metropolitan Sewerage District (Senate, No. 774), ought to pass; politan Sewer­ and age District. By Mr. Hennigan, for the committee on Municipal Finance Boston, — new on the part of the Senate, that the Senate Bill enabling the city city hall, etc. of Boston to construct a new city hall and to construct and sell to the United States a federal office building (Senate, No. 584), ought to pass; Severally placed in the Orders of the Day for the next session for a second reading. Petition. Burlington, — Mr. Ferguson presented a petition (accompanied by bill, Senate, validation of No. 791) of the board of selectmen of Burlington, by Charles L. acts and Shea and others, for legislation to validate the acts and proceed­ proceedings. ings at the adjourned sessions of the annual town meeting of said town in nineteen hundred and fifty-seven; and the same was referred, under a suspension of Joint Rule 12, moved by Mr. Hedges, to the committee on Towns. Sent down for concurrence. Order Adopted. On motion of Mr. Hedges, — Senate, — next Ordered, That the hour of meeting on Monday next be eleven session, etc. o’clock a .m .; that when the Senate adjourns on Monday next it adjourn to meet on the following Wednesday; that when the Senate adjourns on Wednesday next it adjourn to meet on the following Friday at eleven o’clock a .m .; that when the Senate adjourns on Friday, August 30, it adjourn to meet on Wednesday, September 4; and that so much of Senate Rule No. 7 as requires the printing of a Calendar be suspended with reference to the sessions of Monday, August 26, Wednesday, August 28 and Friday, August 30. Papers from the PIouse. A Bill clarifying the law imposing an excise upon certain fuels Motor vehicle used by motor vehicles on highways of the Commonwealth (House, fuels, — excise. No. 3328, amended, — on the petition of William F. Callahan, Chairman, Massachusetts Turnpike Authority, accompanied by bill, Senate, No. 752) (Representative Heaney of Newton dis­ senting),— was read and, under the rule, referred to the com­ mittee on Ways and Means. 1 4 2 8 JOURNAL OF THE SENATE Bristol County Superior Court, A Bill providing for the appointment of a fourth assistant clerk — fourth assist in the Superior Court for the county of Bristol when public con­ ant clerk. venience so requires (House, No. 3310, on the petition of Harold C. Nagle) (Representative Desmond of Lowell dissenting), — was read and, under the rule, referred to the committee on Counties on the part of the Senate. Boston, — bor­ rowing for A Bill authorizing the city of Boston to borrow money outside municipal its debt limit for the purpose of constructing a municipal audi­ auditorium. torium in said city (printed as Senate, No. 642, on the petition of John B. Hynes, mayor), — was read and, under the rule, referred to the committee on Municipal Finance on the part of the Senate. Bills Pembroke- Hanover, •— Authorizing the Department of Natural Resources to establish State park. a State park in the area of Indian River and Indian Pond in the towns of Pembroke and Hanover (duplicate of House, No. 740, — substituted, in part, for Senate order, see Senate, No. 777); Metropolitan District Com­ Authorizing and directing the Metropolitan District Commis­ mission, — land sion to take certain land in the Dorchester district of the city of in Dorchester. Boston by eminent domain and to construct and maintain a play­ ground and recreational facility thereon (duplicate of House, No. 1634, — substituted, in part, for Senate order, see Senate, No. 777); Office of public employees, — To provide for the establishment of an office of public employees establishment. in the Division of Industrial Accidents (duplicate of House, No. 3276, — substituted, in part, for Senate order, see Senate, No. 777); and College of Our Lady of the To incorporate the Trustees of the College of Our Lady of the Elms, — Elms and to have granted to it all the powers, duties and obliga­ degrees. tions of the Congregation of the Sisters of Saint Joseph of Spring- field (House, No. 3337, changed, — on the petition of John F. Thompson and Maurice A. Donahue); Were severally read and placed in the Orders of the Day for the next session for a second reading. Franklin Park Zoo, — acquisi­ The House Bill authorizing the Metropolitan District Commis­ tion by Metro­ politan District sion to acquire Franklin Park Zoo in the city of Boston (House, Commission. No. 3284), — came up with the endorsement that the House had concurred in the Senate amendments (in section 1, striking out all after the word “commission,”, in line 6, and inserting in place thereof the words “that portion of Franklin park in the city of Boston bounded by Seaver street, Blue Hill avenue, Glen lane, the northerly road running from Glen lane at Valley gate to Pierpont road, Pierpont road, and the road running from Pierpont road to Seaver street opposite Elm Hill avenue, including the zoo and other facilities thereon.”; and inserting after section 1, the following new section: — “Section 1A. Upon the acquisition, or the trans­ fer of the care and control, of [A] the whole or any part of said portion of Franklin Park as provided in section one, said com­ mission shall operate, maintain and improve the zoo and other facilities thereon; provided, however, that no charge shall be made for admission to said zoo.”),— with further amendments in sec­ tion 1A (inserted by amendment by the Senate), striking out at THURSDAY, AUGUST 22, 1957. 1429 “A”, the words “the whole or any part of”; and in section 2, inserting after the word “acquisition”, in line 1, the words “, of the transfer of the care and control,”. The rule was suspended, on motion of Air. Powers, and the fur­ ther amendments were considered forthwith and were adopted, in concurrence. Notice was received that the engrossed Bill to provide for the Access way construction of an access way from Route 138 to land of Dennis to land of Cochis in the town of Canton (see House, No. 2059) had been Dennis Cochis. laid aside on a point of order. Special com­ The first quarterly report of the special commission established mission on (under Chapter 38 of the Resolves of 1957) to study and investigate State needs, — State needs and problems, — was read; and it was returned to first quarterly the House to be placed on file. report. House petitions were referred, in concurrence, as follows: — Licenses Petition (accompanied by bill, House, No. 3347) of Brinley M. granted to American Hall that certain licenses granted by the Port of Boston Authority Sugar Refining and the Department of Public Works to the American Sugar Re­ Company, — fining Company be irrevocable; termination. Mary E. Day, Petition (accompanied by bill, House, No. 3348) of Gerard F. E. B. Badger & Sons Company Doherty, Robert H. Quinn, George V. Kenneally and John J. and Boston Linehan that certain licenses granted to Mary E. Day and others, College High E. B. Badger & Sons Company and the Boston College High School, — cer­ School by the Port of Boston Authority for depositing fill and con­ tain licenses. structing bulkheads over tidewaters be irrevocable; and Licenses Petition (accompanied by bill, House, No. 3349) of Raymond A. granted to Revere Sugar Rourke that certain licenses granted by the Port of Boston Au­ Refining thority and the Department of Public Works to the Revere Sugar Company, — Refining Company be irrevocable; termination. Were severally referred, in concurrence, under a suspension of Joint Rule 12, in each instance, to the committee on Harbors and Public Lands. Engrossed Bills and Resolves. The following engrossed bills (all of which originated in the House) were severally passed to be enacted, to wit: — Providing for two additional court officers in the Superior Bills laid Court for the county of Middlesex (see Senate, No. 786); before Providing for enlargement of the Commonwealth scholarship Governor. program (see House, No. 3059, amended); Providing for the granting of certain scholarships to certain students at the State Teachers College at Fitchburg (see House Bill printed in House, No. 3188, App. K); Establishing the medical, dental and nursing scholarship board (see House, No. 3253); Authorizing the town of Marshfield to assess betterments for public improvements on certain public ways in said town (see House, No. 3325, amended); and Authorizing the Metropolitan District Commission to reim­ burse property owners for damage caused by the bursting of a water supply main in the city of Somerville (see House, No. 3342, amended). 1430 JOURNAL OF THE SENATE, lhe following engrossed resolves (both 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 Resolves approbation, to wit: — laid before Reviving and continuing the special commission established for Governor. an investigation and study relative to the systems of sewerage and sewage disposal in the north and south metropolitan sewerage dis­ tricts and in the city of Boston, and the metropolitan water supply system (see Senate Resolve printed in Senate, No. 775, App. B); and In favor of John A. and Pauline J. DeMarco (see Senate, No 787). Without proceeding to consideration of the Orders of the Day (a quorum not being present), on motion of Mr. Canavan, at twenty minutes past eleven o’clock a .m . the Senate adjourned, to meet on the following Monday at eleven o’clock a .m . MONDAY, AUGUST 26, 1957. 1431

Monday, August 26, 1957. Met according to adjournment (Mr. Hedges in the Chair). Papers from the House. Notice was received that the Speaker had announced the ap­ Special com­ mission on pointment of Representative McEvoy of Somerville to the first motor vehicle position on the special commission established (under Chapter 125 insurance, —- of the Resolves of 1956) to investigate relative to the motor membership. vehicle laws and the insurance laws as they relate to motor vehicles and certain related matters, to fill the vacancy caused by the resignation therefrom of Representative Durkin of Salem. A special report of the Commissioner of Administration (under Southbridge, — conveyance of authority of Section 7 of Chapter 7 of the General Laws, as certain land amended by Chapter 610 of the Acts of 1948) recommending to Common­ legislation to authorize the town of Southbridge to convey cer­ wealth. tain land in said town to the Commonwealth (House, No. 3346), — was referred, in concurrence, to the committee on Towns. A House petition (accompanied by bill, House, No. 3351) of Applicants for registration as Robert C. Cochrane relative to the examination of graduates of physicians, — foreign medical schools who are applicants for registration as examination. physicians, — was referred, in concurrence, under a suspension of Joint Rule 12, to the committee on Public Health. Without proceeding to consideration of the Orders of the Day (a quorum not being present), on motion of Mr. Beades, at two minutes past eleven o’clock a.m. the Senate adjourned, to meet on the following Wednesday at eleven o’clock a.m. 1432 JOURNAL OF THE SENATE

W e d n e s d a y , August 28, 1957. Met according to adjournment. Bills Recalled from the Governor. Limited access ways, — On motion of Mr. Beades, it was voted that a message be sent abutting service to His Excellency the Governor requesting the return to the Sen­ facilities. ate of the engrossed Bill relative to abutting service facilities on limited access ways (see Senate, No. 780). Air. Beades was appointed the messenger. Subsequently, the bill was returned and was laid before the Senate. Mr. Hedges 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; but objection thereto was made. The bill, having previously been signed by the President, was again laid before the Governor for his approbation. State em­ ployees, — On motion of Mr. Beades, it was voted that a message be sent filling of va­ to His Excellency the Governor requesting the return to the Sen­ cancies, etc. ate of the engrossed Bill relative to the method of filling certain vacancies in the State service and to correct certain inequities in the fixing of salaries for State employees (see House, No. 3220, amended). Mr. Beades was appointed the messenger. Subsequently, the bill was returned. Reports of Committees. Boston, — money for By Mr. Hennigan, for the committee on Municipal Finance on municipal the part of the Senate, that the House Bill authorizing the city auditorium. of Boston to borrow money outside its debt limit for the purpose of constructing a municipal auditorium in said city (printed as Senate, No. 642), ought to pass; Placed in the Orders of the Day for the next session for a second reading. Under the provisions of Joint Rule 10, the following report was placed in the Orders of the Day for the next session, the time within which the said committees were required to report having expired: — Inheritance and Of the committees on Rules of the two branches, acting con­ estate taxes, — currently, reference to the next annual session (under Joint Rule study. 10), on the Senate Order relative to an investigation by the Legis­ lative Research Council of the practices in Alassachusetts and elsewhere with respect to the settlement of the estates of deceased persons and the payment and collection of inheritance and estate taxes. P a p e r s f r o m t h e H o u s e . Bills Southbridge, — conveyance of Authorizing the town of Southbridge to convey certain land in certain land Southbridge to the Commonwealth (printed in House, No. 3346, to Common­ wealth. being a special report of the Commissioner of Administration); WEDNESDAY, AUGUST 28, 1957. 1433 In addition to the General Appropriation Act making appro- Supplementary priations to supplement certain items contained therein, and for aPProPriatlon certain new activities and projects (House, No. 3350); and Relating to certain existing bond authorizations (House, No. Bond 3354, — new draft of Senate Bill No. 784); authorizations. Were severally read and, under the rule, referred to the com­ mittee on Ways and Means. Bills To adjust the salaries of the chairman and members of the Appellate Taj Appellate Tax Board (duplicate of House, No. 1917, changed, — diaries- substituted, in part, for Senate order, see Senate, No. 777); and Providing that certain lands now under jurisdiction or control ^ fold park of the park department of the city of Medford be transferred to transfer of the jurisdiction and control of said city (House, No. 3344, — on iurlsdlctlon- the petition of Thomas J. Doherty, Michael Catino and Alexander J. Celia); Were severally read and placed in the Orders of the Day for the next session for a second reading. The Senate Bill authorizing and requesting the Governor to Emergency execute an interstate compact with the states of New York and compact.314 Connecticut for military aid in an emergency (Senate, No. 762, amended), — came up, passed to be engrossed, in concurrence, with the following amendments: — striking out, in lines 6 and 7 and in the emergency preamble, respectively, the words “states of New York and Connecticut” and inserting in place thereof, in each instance, the words “State of New York”; and striking out the title and inserting in place thereof the following “An Act au­ thorizing and requesting the Governor to execute an interstate compact with the State of New York for military aid in an emergency”. The rule was suspended, on motion of Mr. Hedges, and the amendments were considered forthwith and were adopted, in concurrence. The Senate concurred in the suspension of Joint Rule 12 with widow of reference to a House petition (accompanied by resolve, House, chartes4.811™ No. 3356) of Frank D. Tanner for the payment from the State ^ymen°tof~ treasury to the widow of Charles E. Wilkinson the balance of the salary, salary to which he would have been entitled had he lived and served until the end of the term for which he was elected; and the petition was returned to the House endorsed accordingly. The following House order (approved by the committees on Rules of the two branches, acting concurrently), was adopted, in concurrence, to wit: — Ordered, That, notwithstanding the provisions of Joint Rule 10, Harborfand11 the joint committee on Harbors and Public Lands be granted Public Lands, until Wednesday, September 4, within which to make final report reporting011 on all matters referred to it. 1 4 3 4 JOURNAL OF THE SENATE, Engrossed Bills and Resolve. lhe following engrossed bills (the first two of which originated in the Senate) were severally passed to be enacted, to wit: — Bills laid before Providing that cities and towns may contribute to the financing Governor. of educational television programs from funds appropriated for school purposes (see Senate, No. 756, amended); Providing for the construction and operation of a garage for the parking of motor vehicles under Boston Common in the city of Boston and creating the Boston Common garage authority and defining its powers and duties (see Senate Bill printed as House No. 1498, amended); Increasing the salary of the Director of Civil Service (see House, No. 1919, changed); Providing for a representative of labor on the advisory com­ mittee on correction (see House, No. 2869, amended); Making the counties of Bristol, Essex and Norfolk eligible for State school construction grants for the construction and en­ largement of certain agricultural schools in said counties (see House, No. 2908, amended); and Authorizing the Metropolitan District Commission to acquire Franklin Park Zoo in the city of Boston (see House, No. 3284, amended). Resolve laid before An engrossed Resolve relative to the indictment, trial, con­ Governor. viction and execution of Ann Pudeator and certain other persons for “witchcraft” in the year sixteen hundred and ninety-two (see House, No. 2698, amended) (which originated in the House), — was passed and, with the above-named bills, was signed by the President and laid before the Governor for his approbation. Without proceeding to consideration of the Orders of the Day (a quorum not being present), on motion of Mr. Hedges, at ten minutes past eleven o’clock a.m. the Senate adjourned, to meet on the following Friday at eleven o’clock a .m . FRIDAY, AUGUST 30, 1957. 1435

Friday, August 30, 1957. Met according to adjournment (Mr. Foster in the Chair). Paper from the House. Fighting of A message from His Excellency the Governor recommending forest fires, — the appointment of a special commission (including members of study. the General Court) to study relative to the fighting of forest fires (House, No. 3352),— was referred, in concurrence, to the com­ mittees on Rules of the two branches, acting concurrently. Without proceeding to consideration of the Orders of the Day (a quorum not being present), on motion of Mr. McDermott, at two minutes past eleven o’clock a.m. the Senate adjourned, to meet on the following Wednesday at eleven o’clock a.m.