:

PUBLIC DOCUMENT. No. 12.

ANNUAL REPORT

ATTORNEY- GENEEAL ^

YEAR COMMENCING FROM THE THIRD WEDNESDAY

OF JANUARY, 1890, AND ENDING WITH THE

THIRD WEDNESDAY OF JANUARY, 1891.

I.

BOSTON WRIGHT & POTTER PRINTING CO., STATE PRIN 18 Post Office Square. 1891.

4

dToinmonfocalt^ 0f Utassatlwtsitts.

Attorney-General's Department, Commonwealth Building, , Jan. 21, 1891.

Hon. William E. Barrett, Speaker of the Hotcse of Representatives.

Sir : — I have the honor to submit to the General Court the report of this department, herewith enclosed, for the year commencing from the third Wednesday of January, 1890, and ending with the third Wednesday of January, 1891. Very respectfully,

A. J. WATERMAN,

Attorney- General.

Commontaca;It!) of ^msuthnBtttB.

Attorney-General's Department, Commonwealth Building, Boston, Jan. 21, 1891.

To the Honorable Speaker of the House of Representatives.

In accordance with section 9 of chapter 17 of the Public Statutes, I have the honor to submit to the General Court the annual report of this department. The total number of cases that have required the attention of the department is 744. The following table is a classifi- cation thereof: 6 ATTORNEY- GENERAL'S REPORT. [Jan.

Saladin Cook of Wrcntham, in Norfolk County, was indicted for the murder of Dennis Ryan, by shooting with a gun, July 17, 1889. This indictment was found and

returned into the superior court at Dedham, September 6, and a copy thereof was received by me Oct. 22, 1889. On Jan. 18, 1890, after counsel had been assigned for the defendant, upon suggestion that he was insane, and incapa- ble in law of being tried, at Dedham a hearing and inquiry was had before Mr. Justice Field of the supreme judicial

court, as to the mental condition of the defendant ; and, after hearing divers witnesses, some of whom were experts upon the questions considered, the said Cook was adjudged to be an insane person, and was ordered to be committed to the Taunton Lunatic Hospital till further order of court, and he was so committed. He has since been transferred to the State Farm at Bridgewater, by order of the State Board of Lunacy and Charity, under the statute authorizing the same in such cases. William Hennessey of Boston, in Suffolk County, was indicted for the murder of Catherine Hennessey, Sept. 29, 1889, by kicking and beating. This indictment was found and returned into the superior court in Boston, November 6, and a copy thereof was received by me Nov. 13, 1S89. Upon examination of the case and the evidence appliable thereto, and after consultation with the Hon. Oliver Stevens, district attorney for Suffolk County, I was of the opinion, in Avhich the district attorney concurred, that the defendant was only guilty of manslaughter; and the defendant was indicted for that offence, and tried and convicted and sen- tenced in the superior court for Suffolk County. I after- wards entered a nolle prosequi of the indictment for murder. Walter H. Pray of .Weymouth, in Norfolk County, was indicted Dec. 5, 1889, for the murder at said AVey- raouth, on November 21, 1889, of Varner U. Fisher, and a copy of the indictment was received at the Attorney- General's office, Jan. 10, 1890. After counsel had l)een assigned for the defendant, upon suggestion of his counsel before Mr. Justice Devens of the supreme judicial court, on February 18, 1890, a hearing and inquiry as to the mental condition of the defendant was had ; and, after hearing 1891.] PUBLIC DOCUMENT— No. 12. 7

divers witnesses, some of whom were experts upon questions

of insanity, it was adjudged by the court tliat the defendant was an insane person, and he was ordered committed to the

Taunton Lunatic Hospital till further order of court, and was so committed. He has since been transferred to the State Farm at Bridgewater, b}^ order of the State Board of Lunacy and Charity, under the statute in such case provided. Since my last report, the following-named persons have been indicted for murder, and copies of the indictments have been received by me, and the cases have been disposed of

as follows, to wit : — Thomas J. Dempsey of Bradford, in Essex County, was indicted Feb. 3, 1890, for the murder of Clarence J. Willey, at said Bradford, on Oct. 25, 1889. A copy of the indict- ment was received at the Attorney-General's office Fel:». 7, 1890. After the court had assigned John P. Sweeney, Esq., and John J. Winn, Esq., attorneys-at-law, to be counsel for the defendant, and after due consultations held, the defend- ant, at Salem, March 22, 1890, was set to the bar and arraigned, and pleaded guilty to murder in the second

degree, which was accepted by the Commonwealth ; and thereupon the defendant — Mr. Justice Devens presiding — was sentenced to imprisonment in the State Prison for life. Charles C. Cowlishaw of Boston, in Suflblk County, was indicted April 14, 1890, for the murder of Elizabeth M. Cowlishaw, his wife, at said Boston, on March 26, 1890, and a copy of the indictment was received at the Attorney- General's office April 19, 1890. On Oct. 25, 1890, Mr. Justice Holmes of the supreme judicial court presiding, the defendant was arraigned, and pleaded not guilty. S. J. Elder, Esq., and K. W. Shea, Esq., attorneys-at-law, were assigned as his counsel; and on Nov. 7, 1890, after consul- tations in court at Boston, Mr. Justice Charles Allen of the supreme judicial court presiding, the defendant at his own request was allowed to retract his former plea, and he then pleaded guilty to murder in the second degree, which plea was accepted by the Commonwealth, and the defendant there- upon was sentenced to imprisonment in the State Prison for

life. 8 ATTORNEY- GENERAL'S REPORT. [Jan.

llNDISrOSED-OF MUKDEK INDICTMENTS.

The following-named of the indictments for murder which have been received since my last annual report, are the only ones not yet disposed of, the prisoners being held in jail, to wit : —

John Bessette of Ludlow, in Hampden County, was indicted May 8, 1890, for the murder of his wife, Sophia Bessette, at Ludlow, on Dec. 26, 1889, and a copy of the indictment was received at the Attorney-General's office May 9, 1890. After an ineffectual effort, made May 20, 1890, to have counsel assigned for the defendant, by desire of the defendant, the matter was postponed until Dec. 1, 1890, at Springfield, when, Mr. Justice Kno'wlton of the supreme judicial court presiding, William H. Brooks, Esq., and William Hamilton, Esq., attorneys-at-law, were assigned to be counsel for the defendant. The defendant was then arraigned and pleaded not guilty, since which nothing fur- ther has been done in the case, the defendant remaining in jail at Springfield. Edward F. Costello of Palmer, in Hampden County, Sept. 24, 1890, for the murder of his child, AVilliam A. Costello, at Palmer, on June 11, 1890. A copy of the indictment was received at the Attorney-General's office

Sept. 27, 1890. At Springfield, Dec. 1, 1890, Mr. Justice Knowlton presiding, F. W. Gillette, Esq., and C. H. Bar- rows, Esq., attorneys-at-law, were assigned to be counsel for the defendant and he was then arraigned and pleaded not guilty, since which nothing further has been done in the case, the defendant remaining in jail at Springfield. Benjamin F. Taylor of Boston, Suffolk County, was indicted Dec. 8, 1890, for the nmrder of Wilder F. Hutcli- ings, at Boston, on Nov. 14, 1890. A copy of the indict- ment was received at the Attorney-General's office Dec. 10, 1890, and nothing has yet been done in the case, the defendant being held in jail at Boston. Daniel H. Wilson of Boston, Suffolk County, was indicted Dec. 8, 1890, for the murder of Annie C. Wilson, alias Annie C. Noyes, at Boston, Oct. 18, 1890. A copy 181)1.] PUBLIC DOCUMENT — No. 12. 9

of the indictment was received at the Attorney-General's office Dec. 10, 1890, and nothing has yet been done in the case, the defendant being held in jail in Boston. Jonathan Brigham Davis of Enfield, in Hampshire County, was indicted Dec. 19, 1890, for the murder of Eva Mabel Holden, at Amherst, on Sept. 20, 1890. A copy of the indictment was received at the Attorney-General's office Dec. 28, 1890, and nothing has yet been done in the case, the defendant l)eing held in jail at Northampton.

Capital Trials. — I would again respectfully call the attention of the Legislature to the propriety of changing the law so that these trials may be had in the superior court before two or three justices, as may be deemed best. As I stated in my last report, the increased and increasing duties of the justices of the supreme judicial court call for a change,

which, if will not made, endanger the rights of prisoners ; and trials could be more readily obtained at stated terms, and, I believe; more economically conducted.

Suits against the Com3ionwealth.

[Under chapter 195 of the Public Statutes.]

Under chapter 195 of the Public Statutes, as amended by the Acts of 1887, chapter 246, authorizing suits to be brought against the Commonwealth, the following cases have been

filed : —

• William Washburn vs. The Commonwealth, com- menced Dec. 10, 1887, noticed in my last report, involving the right of the plaintifi* to recover, on equitable ground, for certain services alleged to have been rendered at the request of the joint standing committee on the State House, of the General Court of 1878. An appropriation of one thousand and fifty dollars was made by the Legislature of 1885 to settle the claim, that sum representing the value of the plans of the petitioner actually taken and used by the State. The claimant does not accept the same, and seeks equitable relief

in his present proceeding. The case is still pending in the superior court in Suffolk County. 10 ATTORNEY-GENERAL'S REPORT. [Jan.

The Muudock Parlor Gratk Company ?;.s. The Com- monwealth. This case involved the chiim for damages to building No. 20 Beacon Street, a portion of which was leased to the State and occupied by the Bureau of Statistics. It was charged that the portion of the building thus occupied was overloaded with documents and papers, so that the floor was caused to settle, to the damage of other parties, in the amount claimed, namely, $247.89. The case was tried, and reported to the supreme judicial court on questions of law, and has been decided in favor of the Commonwealth.

James Adams vs. The Commonwealth. This is a suit to recover $666.50, as the value of certain diseased swine killed by direction of the Board of Cattle Commissioners, and for care and maintenance of other swine kept isolated, as alleged, by direction of said Board. The case has not yet been tried, and is still pending in the superior court in Suffolk County. Martin Wesson vs. The Commonwealth. This was an action on a claim which has heretofore bfeen before the court, growing out of an alleged breach of contract in respect to prison labor at the time the State Workhouse was temporarily removed from Bridgewater to AVestborough. The amount claimed was $5,188.48. The case has been heard in the superior court, and a decision has been rendered in favor of the Commonwealth.

Tax Suits Against The Western Union Telegraph

Company. g

The case of the Attorney-General ex rel. of the Treasurer of the Commonwealth vs. The Western Union Tele- graph Company, involving the tax for the year 1885, Avhich in the last report of this department was noticed as having been appealed by the defendant to the supreme court of the United States, was advanced on the docket and heard, and has been brought to a substantial termination after a full hearing of the case by said court; and the tax, namely, $10,618.46, with the statutory interest (twelve per cent.) thereon to date of the first decree and costs of suit, has been paid into the treasury of the State. There still remains 1891.] PUBLIC DOCUMENT — No. 12. 11 undetermined in this suit a question of interest, involving several hundred dollars. Interest was allowed by the circuit court at the rate of 12 per cent., only up to the date of the first decree of that court. I have contended that the Com- monwealth is entitled to interest at that rate up to the date of the final decree made after the mandate was received from the supreme court of the United States, on the ground that until that time the matter was not finally adjudicated. This question is now being contested before the supreme court of the United States, and the case has been recently argued, and a decision may be expected soon. Four other suits against the same company, to recover taxes assessed for the years 1886, 1887, 1888 and 1889, were brought by this department in our supreme judicial court, and have all been removed by the defendant into the circuit court of the United States for the district of Massa-

chusetts ; and those for the years 1886, 1887 and 1888 have been tried, and judgments therein have been rendered in favor of the Commonwealth, and on the defendant's appeal they are now pending in the supreme court of the United States, and have been recently argued, and decisions therein are expected to be rendered very soon. In these cases new evidence has been oftered, upon which it is sought to raise new questions of law as to the validity of the assessment. The suit for the taxes of 1889 has not yet been tried in the circuit court. The preparation of these cases has developed a mani-

fest defect in the tax law as it has been construed ; and I respectfully call your attention to chapter 13, section 40, of the Public Statutes, which provides that telegraph com- panies shall pay a tax on their corporate franchise at the legal rate of assessment, upon such a portion of the whole valuation of their capital stock as the length of that part of the line lying within this State is proportional to their total mileage of line in and out of the State. In determining this proportion, it has been the custom of the State to take into account the mileage of lines or posts without regard to the number of wires on the lines or posts. has only about onefifty-fifth part of the mileage of line or posts, while she has fully one forty-third part of the total milea{ie 12 ATTOKNKV- GENERAL'S KEPOKT. [Jan.

oficire. Manifestly, the mileage of wire is the index of the revenue of the company, and of the extent that the

company has exercised its franchise within this State. 1 respectfully call your attention to the subject.

Reco.aimendation to Tax Savings Banks' GuARAXxr Fund and Undivided Profits.

In the recent suit of the Suffolk Savings Bank vs. The Commonwealth, reported in 149 Mass. 1, there was involved incidentally the question of whether or not the tax law^ contemplated that the guaranty fund and undivided profits (Pub. Stat., chap. 116, sect. 24) of savings banks should be included in deposits upon which or according to

whicli the franchise tax is assessed (Pub, Stat., chap. 13, sect. 20). The court appeared to hold in that case that the

word deposits signified " all the funds which the bank holds for investment." In assessing the tax for the year 1889, the treasurer of the Commonwealth submitted to this department the question whether or not he should include these moneys, which for that year amounted to nearly fifteen million dollars, and now a much larger sum, upon which the

tax was to l>e assessed. In view of the decision of the court, above referred to, I advised him that said fund should

be included ; and, in order that the question might receive further judicial consideration, I suggested that a test case be made with one bank, which for that purpose should pay the full tax under protest, and then bring suit under the statute for an abatement. This was done, and the case was tried and argued in the supreme judicial court, and a deci- sion by a majority of the court has been rendered against

the Commonwealth, and is reported in 151 Mass. page 103.

By this decision this large sum of money is liable to no tax,

and I recommend such legislation as will subject it to taxa- tion like the deposits in those institutions.

PuiJLic Chauities.

The questions raised under the will of G. S. Holmes, relat- ing to a trust of about four thousand dollars, oivcn for the 1891.] PUBLIC DOCUMENT — No. 12. 13 relief of disabled seamen and soldiers who served in the

Union army in the War of the Rebellion, etc., are still })end- ing in the supreme judicial court. In the matter of the petition of St. Paul's Church Society, asking for permission to apply certain trust funds towards the erection of a rectory, the bill has been dismissed. There are, in addition to these cases specially mentioned, several others in which the department has taken part (for an enumeration of which see the tables appended), and which are now pending.

Miscellaneous Matters.

Commonwealth vs. The Town or Willi amstown. This is a suit brought by the Commonwealth to recover interest on the scrip or certificates of indebtedness, amounting in all to thirty-three thousand dollars, issued by the town of Williamstown in 1859, in payment of its-subscription to the capital stock of the Troy & Greenfield Railroad. The scrip was bought by the Commonwealth soon after its issue, as an investment of a portion of the school money. The case was tried in the superior court in 1889. As the present Attorney-General, Mr. Waterman, was consulted by the town in this matter prior to his holding said office, the case has been wholly managed and tried by Assistant Attorney-General Bliss. A decision has been rendered in favor of the Commonwealth for the amount of the claim.

Insurance Proceedings. — The Insurance Commissioner has referred to this department a large number of violations of chapter 183 of the Acts of 1885, by insurance companies doing business on the assessment plan and under said act. In all cases not finished at the date of my last annual report, injunctions have been obtained, receivers and masters appointed, and the affairs of the companies are now wound up. A large number of other questions and matters have been referred to this department, wdiich have received proper attention. 14 ATTORNEY- GENERAL'S REPORT. [Jau.

Algonquin Club and Back Bay Deeds. — The case of the Attorney-General ex rel. Harbor and Land Commissioners vs. the Algonquin Club, whose building is u})on the north- erly side of Commonwealth Avenue, 'involving the con- struction of the conditions and limitations contained in the deeds from the Commonwealth of the Back Bay lands, has been heard, and is pending as reported to the full court, ready for argument. The position taken by the club is a novel one, and, if sustained, will render the conditions of the deed of peculiar value.

Additional Laivs on Requisition Matters. — I respectfully recommend that a law be enacted, prohibiting the taking from out the limits of the Commonwealth any alleged fugi- tive from justice who may be found in the Commonwealth, without a duly issued warrant of surrender from the Gov- ernor of this Commonwealth, based upon requisition papers from the Governor of the State from which the alleged fugi-

tive had fled ; and that for any -violation of such law proper penalties by imprisonment be prescribed. Such is the law of several of the States, and it is, in my opinion, a wise and salutary measure. It was recommended by the national committee upon this subject.

Pahlication of Capital Trials. — No report of proceed- ings in the capital trials had during the year has been made for ])ublication, as is authorized by chapter 214 of the Acts of 1886, no questions of sufficient importance having been raised in said trials to warrant, in my judgment, the expense of such publication. I recommend, however, a continuation of the appropriation under said chapter, as it is not drawn ujion unless a publication is had, and then onl}'^ on the api)roval of the Governor and Council.

Dudley Indians. — The petition, filed by the provisions of cliapter 443 of the Acts of 1889, by the Commissioners for the Dudley Indians, to recover from the Commonwealth certain portions of the proceeds of the sale of certain inter- ests in lands originally held by a portion of the Pegan Indi- ans, known as the Dudley Indians, which at the date of my 181)1.] PUBLIC DOCUMENT — No. 12. 15

report had been heard and argued in court, has since been decided, sustaining the petition to the amount of 14,851.63.

This decision, it is believed, includes all claims that can be brought against the Commonwealth having any foundation in law or justice upon the subject.

Collections. — The collections of the year have ])een con- siderable in amount, involving, as usual, a large number of cases. Many suits have been instituted, against both cor- porations and individuals. A large per cent of the "expenses in civil cases" has been collected from defend- ants, amounting to over $509.09, and has been paid over to the treasurer of the Commonwealth. The total amount

of collections, exclusive of " expenses in civil cases," is

$55,949.62 ; of this amount, there has been received from

corporations for taxes, $21,877.21 ; from other sources,

$2,363.39; all of which has been paid to the treasurer of the Commonwealth, according to law. There has been col- lected upon the taxes for 1890, to wit, $31,709.02, which has also been paid to the treasurer of the Commonwealth. The demands upon the department for advice and counsel from the heads of other departments and commissions is yearly on the increase, and constitutes no inconsiderable part of the duties of the department. Necessarily, no accu- rate data of oral opinions can be preserved or given.

AVritten opinions are always on iile. The usual number of hearings upon petitions for use of the Attorney-General's name in suits have been held. The suit against the Company to recover the rental of ' the Southern Vermont Railroad, until recently owned by the Commonwealth, which was pending in the superior court at the date of my last annual rej)ort, has been tried and decided in favor of the Commonwealth, and judgment was entered therein for $59,395.16 and costs,

on Dec. 1, 1890. Exceptions on questions of law have been taken by the defendant, which are now pending in the supreme judicial court.

The Menhaden Fishery Cases. — The prosecution in behalf of the Commonwealth, of Arthur Manchester and 16 ATTORNEY- GEXERAL'S KEPORT. [Jan. others for illegal fishing in Buzzard's Bay, have been tried, and the defendants convicted, in the superior court, and defendants' exceptions filed in all of them. The case of Arthur Manchester has been argued in the supreme judicial court, and has been overruled ; and the defendant has removed the case on writ of error to the supreme court of the United States, where the same is now pending at Wash- ington, D. C. It has recently been argued, and a decision is soon expected. By an understanding between counsel, the decision in this case is to be applicable to the other cases, as well as the cases libelling the boats, etc., which were used in fishing, which libels are now also i)ending in the superior court.

I respectfully suggest that the provisions of section 8 of chapter 17 of the Public Statutes be amended to include the several State departments and commissions not therein enu- merated.

CJiarles River Bridfjes. — The questions arising under chapter 230 of the Acts of 1888, with reference to these bridges and the widening of the draws thereof, have been disposed of Avithout any action of this department thereon.

H. C. Bliss, Esq., as first assistant, and H. A. Wyman, Esq., as second assistant, have rendered faithful and efficient services in transacting the business of the office. ]Mr, Wyman having been appointed assistant United States attorney for the district of Massachusetts, and having ten- dered his resignation, I accepted the same on the first day of January. The details of the work of the department for the year, with tables, are annexed.

ANDREW J. WATERMAX,

Attorney- General. 1891.] PUBLIC DOCUMENT— Xo. 12. , 17

MATTERS EX EELATIONE.

The Attorney-General ex rd. Board of Gas and Electric Light Commissioners vs. Information for injunction for violation of

section 7, chapter 314, Acts of 1885 ; section 2, chapter 346, Acts of 1886; section 2, chapter 382, Acts of 1887. Com- plied with. Costs received and paid over. Information dismissed.

The Attorney-General ex rel. Treasurer vs. Athertou Machine Company. Information for injunction for violation of section 54, chapter 106, Public Statutes. Complied with. Costs received and paid over.

The Attorney-General ex rel. Treasurer vs. Nemosett Company. Same. Information dismissed.

The Attorney-General ex rel. Commissioners of Savings Banks vs. Haverhill Co-operative Bank. Violation of chapter 117, sections 10 and 12, Public Statutes. Complied with.

The Attorney-General ex rel. Commissioner of Corporations vs. Freeman Manufacturing Compan}'. Violation of section 54, chapter 106, Public Statutes. Complied with.

The Attorney-General ex rel. Treasurer vs. American Cultivator Publishing Company. Information for injunction for non- payment of corporation tax. Tax, interest and costs received and paid over. Information dismissed.

The Attorney-General ex rel. Treasurer vs. Atlas Pulp Company. Information for injunction for non-pa^mient of corporation tax. Tax, interest and costs received and paid over. lufor mation dismissed.

The Attorney-General ex rel. Treasurer vs. Bay State Manufac- turing Company. Information for injunction for non- payment of corporation tax. Injunction issued.

The Attorney-General ex rel. Treasurer vs. Boston Heating Company. Information for injunction for non-payment of corporation tax. Pending. 18 . ATTORNEY- GENERAL'S REPORT. [Jan.

The Attorney-General ex rel. Treasurer vs. Budget Publishing Company. Information for injunction for non-payment of corporation tax. Tax, interest and costs received and paid over. Information dismissed.

The .\ttorney-General ex rel. Treasurer vs. Citizens Gas Light Company of Quincy. Information for injunction for non- payment of corporation tax. Tax, interest and costs received and paid over. Information dismissed.

The Attorney-General ex rel. Treasurer us. Foote Refrigerator Com- pan}'. Information for injunction for non-payment of corpo- ration tax. Tax, interest and costs received and paid over. Information dismissed.

The Attorney-General ex rel. Treasurer vs. Gardner Gaslight Company. Information for injunction for non-payment of corporation tax. Tax, interest and costs received and paid over. Information dismissed.

The Attorney-General ex rel. Treasurer vs. George E. Reed Furniture Company. Information for injunction for non- payment of corporation tax. Tax, interest and costs . received and paid over. Information dismissed.

The Attorney-General ex rel. Treasurer vs. PI. A. William Manu- facturing Company. Information for injunction for non- payment of corporation tax. Tax, interest and costs received and paid over. Information dismissed.

The Attorney-General ex rel. Treasurer vs. Hancock Inspirator Company. Information for injunction for non-payment of corporation tax. Tax, interest and costs received and paid over. Information dismissed.

The Attorney-General ex rel. Treasurer vs. Haverhill Roller Toboggan Company. Information for injunction for non- payment of corporation tax. Tax, interest and costs received and paid over. Information dismissed.

The Attorney-General ex rel. Treasurer vs. Lawson Manufacturing Company. Information for injunction for non-payment of corporation tax. Injunction issued.

The Attorney-General ex rel. Treasurer vs. Lynn Ice Company. Information for injunction for non-payment of corporation tax. Tax, interest and costs received and paid over. Information dismissed.

The Attorney-General ex rel. Treasurer's. jMansfield Co-operative Furnace Company. Information for injunction for non- payment of corporation tax. Tax, interest and costs received and paid over. Information dismissed. 1891.] PUBLIC DOCUMENT— No. 12. 19

The Attorney-Geneval ex rel. Treasurer vs. Manufacturers' Gazette Publishing Company. Information for injunction for non- payment of corporation tax. Tax, interest and costs received . and paid over. Information dismissed.

The Attorney-General ex rel. Treasurer vs. Railroad Company. Information for injunction for non-payment of corporation tax. Tax, interest and costs received and paid over. Information dismissed.

The Attorney-General ex rel. Treasurer vs. Old Spain Co-operative Society. Information for injunction for non-payment of corporation tax. Tax, interest and costs received and paid over. Information dismissed.

The Attorney-General ex rel. Treasurer vs. Plum Island Street Railroad Company. Information for injunction for non- payment of corporation tax. Tax, interest and costs received and paid over. Information dismissed.

The Attorney-General ex rel. Treasurer vs. Sanford Woolen Com- pany. Information for injunction for non-payment of corporation tax. Information dismissed. Settled in insol- vency.

The Attorney-General ex rel. Treasurer vs. Security Associates. Information for injunction for non-payment of corporation tax. Partial payment made. Pending.

The Attorney-General ex rel. Treasurer vs. Springfield Bicycle Manufacturing Company. Information for injunction for non-payment of corporation tax. Information dismissed. Settled in insolvency.

The Attorney-General ex rel. Treasurer vs. Wakefield Water Company. Information for injunction for non-payment of corporation tax. Tax, interest and costs received and paid over. Information dismissed.

The Attorney-General ex rel. Treasurer vs. Wentworth Carpet Lining Company. Information for injunction for non- payment of corporation tax. Injunction issued.

The Attorney-General ex rel. Commissioner of Corporations vs. Richmond Co-operative Creamery Association. Violation of section 54, chapter 106, Public Statutes. Complied with.

The Attorney-General ex rel. Commissioner of Corporations vs. Lord and Gale Manufacturing Company. Violation of sec- tion .54, chapter 106, Public Statutes. Complied with.

The Attorney-General ex rel. Commissioner of Corporations vs. Charles W. Copeland Company. Violation of section 54, chapter 106, Public Statutes. Complied with. 20 ATTORNEY- GENERAL'S KEPORT. [Jan.

The Attoruey-Cieneral ex rel. Commissioner of Corporations vs. Swedish Importing Company. Violation of section 54, chapter 106, Public Statutes. Complied with.

The Attorney-General ex rel. Commissioner of Corporations vs. Boston Coffee House Company. Information for injunction for violation of section 54, chapter 13, Public Statutes. Complied with. Costs received and paid over. Information dismissed.

The Attorney-General ex rel. Treasurer vs. Hampden Watch Company. Information for injunction for non-payment of corporation tax. Tax, interest and costs received and paid over. Information dismissed.

The Attorney-General ex rel. Commissioner of Corporations vs. Globe Co-operative Shoe Company. Information for injunc- tion for violation of section 54, chapter lo. Public Statutes. Complied with. Costs received and paid over. Information dismissed.

The Attorney-General ex rel. Commissioner of Corporations vs. Haverhill Iron Works. Information for violation of section 54, chapter 13, Public Statutes. Complied with. Costs received and paid over. Information dismissed.

The Attorney-General ex rel. Board of Gas and Electric Light Commissioners vs. Milford Gas Light Company. Violation of section 18, chapter 105, Public Statutes. Complied with.

Petition of Standard Steam Navigation Company for dissolution. S. J. C. Tax Commissioner's consent filed.

The Attorney-General ex rel. Treasurer vs. Mudie Library Company. Information for injunction for non-pajnnent of corporation tax. Information dismissed. Settled in insolvency.

The Attorney-General ex rel. Treasurer vs. Electric and Machine Company. Information for injunction for non-payment of corporation tax. Tax, interest and costs received and paid over. Information dismissed.

The Attorney-General ex rel. Treasurer vs. Boston Wall Paper Company. Information for injunction for non-payment of corporation tax. Tax, interest and costs received and paid over. Information dismissed.

The Attorney-General ex rel. Treasurer vs. Blackburn Valve Com- pany. Information for injunction for non-payment of cor- poration tax. Injunction issued.

The Attorney-General ex rel. Treasurer vs. Sanford Woolen Com- pany. Insolvency Court, Norfolk, ss. Claim for taxes. Claim filed. Pendins:. 189 L] PUBLIC DOCUMENT— No. 12. 21

Martin Wesson, petitioner, vs. Commonwealth. Suit under chapter 195, Public Statutes, to recover damages for breach of con- tract. Superior Court, Suffolk, ss. Judgment for Com- monwealth.

Merchants Electric Light Company, petitioners, vs. Board of Gas and Electric Light Commissioners. For writ of mandamus. Pending.

Petition of Waltham and Newton Street Railway Company for dissolution. S. J. C. Tax Commissioner's consent filed.

Petition of Amherst Electric Company for dissolution. S. J. C. Tax Conimissioner's consent filed.

Petition of Eureka Clothes Wringing Machine Company for dissolution. S. J. C. Tax Commissioner's consent filed.

George A. Crawford et al. Petition for appointment of trustees. Notice received. Answer filed.

The Attorney-General ex rel. Hannori Aldrich et al vs. Perkins Baptist Society. Answer filed.

The Attorney-General ex rel. Commissioner of Corporations vs. Neponset Mills. Petition for dissolution under sections 54 and 55, chapter 106, Public Statutes. Dissolution decreed.

The Attorney-General ex rel. Commissioner of Corporations vs. Sarauac Mineral Spring Water Company. Failure to comply with chapter 330, Acts of 1884. Discontinued, at suggestion of Commissioner. No violation of law.

The Attorney-General ex rel. Commissioner of Corporations vs. Norwood Gaslight Company. Violation of section 54, chap- ter 106, Public Statutes. Complied with.

The Attorney-General ex rel. Commissioner of Corporations vs. French Co-operative Store Company. Violation of section 54, chapter 106, Public Statutes. No proceedings had. Com- pany insolvent.

Petition of Nelson Mills for dissolution. S. J. C. Tax Com- missioner's consent filed.

Petition of the Gold Medal Braid Company for dissolution. S. J. C. Tax Commissioner's consent filed.

Petition of Lynn Co-operative Store Company for dissolution. S. J. C. Tax Commissioner's consent filed.

The Attorney-General vs. Jamaica Pond Aqueduct Corporation. Information to try title. Petition denied. 22 ATTORNEY- GENERAL'S REPORT. [Jan.

Petition of Weuham Lalve Ice Company for dissolution. S. J. C. Tax Commissioner's consent filed.

George E. BuUard et al vs. Attorney-General. Construction of will. Argued but not decided.

Harriet S. Winslow et al vs. Attorney-General. Construction of will. Argued but not decided.

Commonwealth vs. Samuel T. Crosby. Superior Court, Suffolk, ss. Replevin suit for the recovery of ancient documents. Dismissed. Settled under Resolves 1890, chapter 49.

Petition of the Back Bay Incandescent Light Company for disso- lution. S. J. C. Tax Commissioner's consent filed.

Petition of the Litchfield Lumber Company for dissolution. S. J. C. Tax Commissioner's consent filed.

Petition of H. N. Slater Manufacturing Company for dissolution. S. J. C. Tax Commissioner's consent filed.

Petition of the Steel-Edged Dust Pan Company for dissolution. S. J. C. Tax Commissioner's- consent filed.

Petition of the Standard Yarn Company for dissolution. S. J. C. Tax Commissioner's consent filed.

Petition of the Preserving Company for dissolution. S. J. C. Tax Commissioner's consent filed.

Petition of the A. A. Knight Company for dissolution. S. J. C. Tax Commissioner's consent filed.

Petition of the New Home Sewing Machine Company for disso- lution. S. J. C. Tax Commissioner's consent filed.

Petition of the Leghorn Mills Corporation of Fitchburg for disso- lution. S. J. C. Tax Commissioner's consent filed.

Commonwealth, by Commissioner of Corporations, vs. American Mortising Machine Company. Petition for dissolution under sections 54 and 55, chapter 106, Public Statutes. Dissolution decreed.

The Attorney-General, by information, vs. Inhabitants of Clinton. Injunction to restrain defendant from using Nashua liiver. Injunction denied.

Petition of Brockton Co-operative Cash Store Company for disso- lution. S. J. C. Tax Commissioner's consent filed. 181U.1 PUBLIC DOCUMENT— No. 12. 23

Roland E. Burbank et al vs. Charles H. Burbank et al. Petition for constructioii of will. Answer filed. Decree entered.

The Attorney-General ex rel. Commissioner of Corporations vs. Brockton Gaslight Company. Violation of section 54, chap- ter 106, Public Statutes. Complied with.

Petition of Crystal Lake Steam Boat Company for dissolution. S. J. C. Tax Commissioner's consent filed.

Petition of the Commonwealth Insurance Company for disso- Intion. S. .J. C. Tax Commissioner's consent filed.

Petition of Commonwealth Insurance Company for dissolution. Tax Commissioner's consent filed.

Petition of Springfield Union Company for dissolution. Tax Commissioner's consent filed.

Petition of Hooston Improved Ship Berth Company for dissolution. Tax Commissioner's consent filed.

Petition of Bouker & Williams Hoop Machine Company for disso- lution. Tax Commissioner's consent filed.

Petition of the Orange Iron Foundry Company for dissolution. Tax Commissioner's consent filed.

Trustees of Horton Fund of the Second Presbyterian Society of Newburyport vs. the Attorney-General. Petition to sell real estate.

Attorney-General ex rel. Treasurer vs. Mudie Library Company. Claim in insolvency. Filed. Pending.

Attorney-General ex rel. Commissioner of Corporations vs. Potter Lovell Company. Violation of section 54, chapter 106, Public Statutes. Complied with.

Petition of the Cotton Improvement Company for dissolution. Tax Commissioner's consent filed.

Petition for habeas corpus by Charles W. Bertwell, guardian Hattie M. Bowdrow. Writ issued.

Petition of Page Paper Company for dissolution. Tax Commis- sioner's consent filed.

Petition of the Chaddock and Ilummett Manufacturing Company for dissolution. Tax Commissioner's consent filed.

Petition of the Stoneham Co-operative Boot and Shoe Company for dissolution. Tax Commissioner's consent filed. 24 ATTOKNEY-GENERAL'8 REPORT. [Jan.

Phiueas B. Smith vs. Sarah E. Bradlc}'. Pelition for iustructions under a will. Pending.

William H. Pratt, petitioner, vs. the Commonwealth. Petition for a jury to assess damage for taking of laud at Sherborn and Framiugham. (Middlesex, ss.) Pending.

A. H. Ordway, petitioner, vs. the Commonwealth. Petition for a jury to assess damage for taking of land at Sherborn and Framiugham. (Middlesex, ss.) Pending.

James Daisley, petitioner, vs. the Commonwealth. Petition for a jur}' to assess damage for taking of land at Sherborn and Framiugham. (Middlesex, ss.) Pending.

Directors of Boston & Albany Railroad Company, petitioners. Petition for abolition of grade crossing at Ashland, Howe Street. Commissioners appointed.

Directors of Boston & Albany Railroad Company, petitiouers. Petition for abolition of grade crossings at Natick, Speen Street, Milk Street, Bowdoin Lane. Commissioners appointed.

Directors of Boston & Albany Railroad Company, petitioners. Petition for nbolition of grade crossing at Palmer. Cooley's Crossing. Commissioners appointed. Hearing had. Find- ing of commissioners allowed. Auditor appointed.

Directors of Boston & Albany Railroad Company, ])etitioners. Petition for abolition of grade crossings at Muuson, Hast- ings' Crossing, Butler's Crossing, Moran's Crossing and Silver Street crossing. Commissioners appointed. Hear- ings had. Finding of commissioners in Hastings' Crossing accepted. Pending as to rest.

Selectmen of the toAvn of Attleborougli vs. Company. Petition for an information to restrain erection of depot. Pending.

Trustees of Tufts College vs. City of Boston et al. S. J. C. Petition to sell real estate and reinvest proceeds. Attorney- General's answer filed.

Petition of American Metallic Tubing Company for dissolution. Tax Commissioner's consent filed.

Petition of Pittsfield Marble Company for dissolution. Tax Com- missioner's consent filed.

Directors of Boston & Albany Railroad Company, petitioners. Petition for abolition of grade crossing in Boston, Flverett Street, Brighton District. Commissioners appointed. Hear- ings (;>) had. Pending. 1891.] PUBLIC DOCUMENT — No. 12. 25

Directors of Boston & Albany Railroad Company, petitioners. Petition for abolition of grade crossings in Warren, at station. Commissioners appointed. Pending.

Directors of Boston & Albany Railroad Company, petitioners. Petition for abolition of grade crossing at Brookfield. Com- missioners appointed. Hearings (2) had. Pending.

Directors of Boston & Albany Railroad Compan}^ petitioners. Petition for abolition of grade crossing at Chariton. Com- missioners appointed. Hearing had. Pending.

Directors of Boston & Albany Railroad Company, petitioners. Petition for abolition of grade crossing at West Brookfield. Commissioners appointed. Hearings (2) had. Pending.

Directors of Boston & Albany Railroad Company, petitioners. Petition for abolition of grade crossing at Anburn, Chapin's Crossing. Commissioners appointed. Hearing had. Pending.

Directors of Boston & Albany Railroad Company, petitioners. Petition for abolition of grade crossings at Worcester, Lud- low Street, Heard Street, Webster Street and Sutton Lane. Commissioners appointed. Hearings (5) had. Pending.

Petition of mayor and aldermen of city of Worcester for abolition of grade crossings, Grafton Street, Green Street, AVashington Street, Plymouth Street. Commissioners appointed. Hear- ings (5) bad. Pending.

Attorney-General ex rel. Commissioner of Corporations vs. Boston Electric Railway Company. Violation of section 54, chapter 106, Public Statutes. Complied with.

Selectmen of town of Westfield, petitioners. Petition for abolition of grade crossing at Westfield. Commissioners appointed. Hearing had. Pending.

Directors of Boston & Albany Railroad Company, petitioners. Petition for abolition of grade crossing in Brookline, St. Mary Street. Pending.

Directors of Old Colony Railroad Company. Petition for abolition of grade crossing at Boston, Tremont Street. Commissioners appointed. Hearings (5) had. Pending.

Directors of Old Colony Railroad Company, petitioners. Petition for abolition of grade crossing at Boston, Washington Street. Commissioners appointed. Hearings (2) had. Pending.

Directors of Old Colony Railroad Company, petitioners. Petition for abolition of grade crossing at Brockton, Howard Street. Commissioners appointed. Hearing had. Pending. 26 ATTORNEY- GENERAL'S REPORT. [Jan.

Directors of Old Colony Railroad Company, petitioners. Petition for abolition of grade crossing at Marshtield. Commissioners appointed. Hearings (2) had. Pending.

Directors of Old Colony Railroad Company, petitioners. Petition for abolition of grade crossing at Braintree, at station. Com- missioners appointed. Hearings (2) had. Pending.

Directors of Old Colony Railroad Company, petitioners. Petition for the abolition of grade crossing between Northborough and Southborough. Commissioners appointed. Pending.

Attorney-General ex rel Treasurer vs. A. T. Stearns Lumber Company. Claim for displacement of tidewater; $1,395.14 received and paid over.

Petition of Swedish Importing Company for dissolution. Tax Commissioner's consent filed.

Petition of the Massachusetts Rebate Association for dissolution. Tax Commissioner's consent filed.

Petition of the Pittsfield Marble Quarry Company for dissolution. Tax Commissioner's consent filed.

Petition of the Diatite Company for dissolution. Tax Commis- sioner's consent filed.

Petition of New England Glass Company for dissolution. Tax Commissioner's consent filed.

Petition of Boston Mercantile Company for dissolution. Tax Commissioner's consent filed.

Petition of the Alliance Insurance Company for dissolution. Tax Commissioner's consent filed.

Commonwealth, by John T. White, petitioner, vs. City of Cam- bridge. Failure to comply with section 1, of chapter 426 of the Acts of 1888. Law complied with. Petition dismissed.

William II. Drury vs. Harrison Moore et al. Construction of will. Attorney-General's answer filed. ^ j

Attorney-General ex rel. Treasurer vs. Turner's Falls Driving Association. S. J. C. Information for injunction for vio- lation of section 88, chapter lo. Public Statutes. Complied with. Costs received and paid over.

Attorney-General ex rel. Treasurer vs. Berkshire Hill Co-opera- tive Creamery Association. S. J. C. Information for injunction for violation of section 88, chapter 13, Public Statutes. Complied witli. Costs received and paid over. Information dismissed. 4 1891.] PUBLIC DOCUMENT— No. 12. 27

Attorney-General ex rel. Treasurer vs. Casino Art Company.

!S. J. C. Information for injunction for violation of section 38, cliapter lo, Public Statutes. Complied with. Costs received and paid over. Information dismissed.

Attorney-General ex rel. Treasurer vs. Draper Manufacturing Company. S. J. C. Information for injunction for viola- tion of section 38, chapter 13, Public Statutes. Com- plied with. Costs received and paid over. Information dismissed.

Attorney-General ex rel. Treasurer vs. Hampden Watch Company. S. J. C. Information for injunction for violation of section 38, chapter 13, Public Statutes. Complied with. Costs received and paid over. Information dismissed.

Attorney-General ex rel. Treasurer vs. Holmes Holl INIarine Rail- way Company. S. J. C. Information for injunction for violation of section 38, chapter 13, Public Statutes. Com- plied with. Costs received and paid over. Information dismissed.

Attorney-General ex rel. Treasurer vs. Ipswich Co-operative Creamery Association. S. J. C. Information for injunc- tion for violation of section 38, chapter 13, Public Statutes. Complied with. Costs received and paid over. Information dismissed.

Attorney-General ex rel. Treasurer vs. Massachusetts Pulsion Telephone Company. S. J. C. Information for injunction for violation of section 38, chapter 13, Public Statutes. Injunction issued.

Attorney-General ex rel. Treasurer vs. Merrimack Spinning Com- pany. S. J. C. Information for injunction for violation of section 38, chapter 13, Public Statutes. Complied with. Costs received and paid over. Information dismissed.

Attorney-General ex rel. Treasurer vs. Milton Light and Power Company. S. J. C. Information for injunction for violation of section 38, chapter 13, Public Statutes. Complied with. Costs received and paid over.

Attorney-General ex rel. Treasurer vs. Randolph and Holbrook Light and Power Company. S. J. C. Information for injunc- tion for violation of section 38, chapter 13, Public Statutes. Complied with. Costs received and paid over.

Attorney-General ex rel. Treasurer vs. Raymond Skate Company. S. J. C. Information for injunction for violation of section 38, chapter 13, Public Statutes. Complied with. Costs Veceived and paid over. 28 ATTORNEY- GENERAL'S REPORT. [Jaii.

Attoniey-Gcneral ex rel. Treasurer vs. Roxbury P^lectric Light Company. S. J. C. Information for injunction for violation of section 38, of cliapter 13, Public Statutes. Injunction issued.

Selectmen of the town of Greenfield, petitioners. Petition for the abolition of grade crossing in Greenfield, Clay Hill Street. Commissioners appointed. Hearings had. Pending.

Commonwealth us. Reading Savings Bank. S. J. C. Final report of receivers presented and allowed.

Petition of mayor and aldermen of city of Springfield for the abolition of grade crossing. Armory Street. Commissioners appointed. Hearings (5) had. Pending.

Attorney-General ex rel. Tax Commissioner's. Pequaig Soapstone Company. S. J. C. Information for injunction for violation of section 38, chapter 13. Complied with. Costs received and paid over. Information dismissed.

Attorney-General ex rel. Tax Commissioner us. Riverside Water Company. S. J. C. Information for injunction for violation of section 38, chapter 13, Public Statutes. Complied with. Costs received and paid over.- Information dismissed.

Attorney-General ex rel. Tax Commissioner vs. Dauvers Electric Company. S. J. C. Information for injunction for violation of section 38, chapter 13, Public Statutes. Injunction issued.

Attorney-General ex rel. Tax Commissioner us. Knox Hill "Water Company. S. J. C. Information for injunction for violation of section 54, chapter 106, Public Statutes. Complied with. Fee and costs received and paid over. Information dismissed.

Attorney-General ex rel. Tax Commissioner vs. Boston Tag and Printing Company. S. J. C. Information for injunction for violation of section 5-1,, chapter 106, Public Statutes. Com- plied with. Fee and costs received and paid over. Informa- tion dismissed.

Petition of South Shore Steamship Compau}' for dissolution. Tax Commissioner's consent filed.

Attorney ex rel. Tax Commissioner us. Stoneham and Wakefield Electric Light and Power Company. S. J. C. Information for injunction for violation of section ;18, chapter 13, Public Statutes. Injunction issued.

Attorney-General ex rel. Tax Commissioner us. Framingham Union Street Railway Company. S. J. C. Information for injunction for violation of section 38, of chapter 13, Public Statutes. Injunction issued. 1891.] PUBLIC DOCUMENT— No. 12. 29

Attorney-General ex rel. Tax Commissioner vs. Springfield Brass Company. S. J. C. Information for injunction for Violation of section 38, cliapter 13, Public Statutes. Complied with. Costs received and paid over.

Attorney-General " ex' reJ. Tax Commissioner vs. Marlborough Gaslight Company. S. J. C Information for injunction for violation of section 38, chapter 13, Public Statues. Com- plied with. Costs received and paid over. Information dis- missed.

Petition of Benjamin J. Banquoit for writ of habeas corpus. Peti- tion refused.

Attorney-General ea; rel. Commissioner of corporations t'.s, Atlantic and Pressed Yeast Company. Violation of chapter 330, Acts of 1884. Complied with.

Attorney-General ex rel. Commissioners of Savings Banks vs. G. A. Millay. S.J. C. Violation of chapter 310, Acts of 1890. Petition filed. Injunction issued. Costs received and paid

Attorney-General ex rel. Commissioner of Corporations vs. the Boston Macaroni Manufacturing Company. Violation of chapter 106, section 54, Public Statutes. Pending.

Petition of Leonard R. Cutter for damages for property taken at liJ Mt. Vernon Street, under chapter 449, Acts of 1888. Superior Court, Suffolk, ss. Pending.

Attorney-General ex rel. Commissioner of Corporations vs. Thomas L. Judson Manufacturing Company. Violation of chapter 330, Acts of 1884. CompUed with.

Directors of Boston & Albany Railroad Company, petitioners. Petition for abolition of grade crossing at North Wilbra- ham station. Commissioners appointed. Hearings (3) had. Pending.

Selectmen of Norwood, petitioners. Petition for abolition of grade crossings at Washington and Chapel streets. Pending. Same, Guild Street.

Attorney-General ex rel. Commissioner of Corporations vs. Gor- mully & Jeffrey's Manufacturing Compan3^ Failure to comply with chapter 330, Acts of 1884. Complied with.

Directors of Old Colony Railroad Company, petitioners. Petition for abolition of grade crossing in Marlborough, Fisher's crossing. Pending.

Directors of Old Colony Railroad Company, petitioners. S. C. Petition for abolition *of grade crossing on road from Marl- borough to Westborough. Pending. 30 ATTORNEY- GENERAL'S REPORT. [Jun.

Petition of Boston Daily Advertiser for dissolution. S. J. C. Tax Commissioner's consent filed.

Petition of city of Boston for assessment of damages for laud taken by Metropolitan Sewerage Commissioners. Pending.

Attorney-General ex rel. Gas and Electric Light Commissioners vs. Citizens' Gas Light Company of Quiucy. S. J. C. Infor- mation for injunction for violation of section 7, chapter 314, Acts of 1885. Complied with. Costs received and paid over. Information dismissed.

Attorney-General ex rel. Board of Gas and P^lectric Light Com- missioners -ws. Gardner Gas Light Company. S. J. C. Infor- mation for injunction for violation of section 7, chapter 314, Acts of 1885. Complied with. Costs received and paid over. Information dismissed.

Attorney-General ex rel. Board of Gas and P^lectric Light Com- missioners vs. Middleborough Gas and Electric Company. S. J. C. Information for injunction for violation of section 7, chapter 314, Acts of 1885, as amended. Complied with. Costs received and paid over. Information dismissed.

Attorney-General ex rel. Board of Gas and P^lectric Light Com- missioners vs. Lee Gas Light Company. S. J. C. Infor- mation for injunction for violation of section 7, chapter 314, Acts of 1885, as amended. Complied with. Costs received and paid over. Information dismissed.

Attorney-General ex rel. Board of Gas and Electric Light Com- missioners vs. Adams Electric Light and Power Company.

S. -J. C. Information for injunction for violation of section 7, chapter 314, Acts of 1885, as amended. Complied with. Costs received and paid over. Information dismissed.

Attorney-General ex rel. Board of Gas and Electric Light Com- missioners vs. Edison Electric Illuminating Company of Lawrence. S. J. C. Information for injunction for violation of section 7, chapter 314, Acts of 1885, as amended. Com- plied with. Costs received and paid over. Information dismissed.

Attorney-General ex rel. Board of Gas and Electric Light Com- missioners vs. Middleborough Electric Light and Power Com- pany. S. J. C. Information for injunction for violation of section 7, chapter 314, Acts of 1885, as amended. Complied with. Costs received and paid over. Information dismissed.

Attorney-General ex rel. Board of Gas and Electric Light Com- missioners vs. Milford P^lectric Light and Power Company. S. J. C. Information for injunction for violation of section 7, chapter 314, Acts of 1885, as ^amended. Complied with. Costs received and paid over. Information dismissed. 1891.] PUBLIC DOCUMENT— No. 12. 31

Attorney-General ex rel. Board of Gas and Electric Light Com- missioners vs. North Attleborough Steam and Electric Com- pany. S. J. C. Information for injunction for violation of section 7, chapter 314, Acts of 1885, as amended. Com- plied with. Costs received and paid over. Information dis- missed.

Attorney-General ex rel. Board of Gas and Electric Light Com- missioners vs. Pittsfield Illuminating Company. S. J. C. Information for injunction for violation of section 7, chapter 314, Acts of 1885, as amended. Complied with. Costs received and paid over. Information dismissed.

Attorney-General ex rel. Board of Gas and Electric Light Com- missioners vs. Union Electric Light Company of Franklin. S. J. C. Information for injunction for violation of section 7, chapter 314, Acts of 1885, as amended. Complied with. Costs received and paid over. Information dismissed.

Attorney-General ex rel. Board of Gas and Electric Light Com- missioners vs. LTnion Electric Light Company of Springfield. S. J. C. Information for injunction for violation of section 7, chapter 314, Acts of 1885. Complied with. Costs received and paid over. Information dismissed.

Attorney-General ex rel. Board of Gas and Electric Light Com- missioners vs. Ware Electric Light Company. S. J. C. Information for injunction for violation of section 7, chapter 314, Acts of 1885. Complied with. Cost received and paid over. Information dismissed.

Attorney-General ex rel. Board of Gas and Electric Light Com- missioners vs. Weymouth Light and Power Company. S. J. C. Information for injunction for violation of section 7, chapter 314, Acts of 1885. Complied with. Costs received and paid over. Information dismissed.

Petition of Newbury port Quarry Company for dissolution. Tax Commissioner's consent filed.

Babbidge et al, executor, vs. Vittum et al. Construction of will. Attorney-General's appearance filed. Pending.

Petition of Massachusetts Portable Railroad Company for dissolu- tion. Tax Commissioner's consent filed.

Commonwealth ex rel. Savings Bank Commissioners vs. Stock- bridge Savings Bank. Petition for injunction and appoint- ment of a receiver. Injunction issued.

Petition of Sanford Mills for dissolution. Tax Commissioner's consent filed. 32 ATTOKNEY-GENERAL'S REPORT. [Jan.

Petition of Dodge Shore Compaoy for rlissolutioa. Tax Commis- sioner's consent filed.

Petition of tlie Central Wharf Compan}' of Wellfleet for dissolu- tion. Tax Commissioner's consent tiled.

Petition of Danvers Bleachery for dissolution. Tax Commis- sioner's consent filed.

Attornej'-General ex rd. Insurance Commissioner vs. Anglo Nevada Assurance Corporation. Molatiun of section 20, chapter 214, Acts of 1887. Pending.

Directors of New York & New England Railroad Company, peti- tioners. Petition for abolition of grade crossings in Nor- wood, Washington Chapel and Guild streets and Railroad Avenue. Pending.

Petition of the mayor and aldermen of the city of Worcester for abolition of grade crossings, Milbrook, Garden, Lincoln,. Market, School, Thomas, Central, Exchange, Summer and Shrewsbury streets. Pending.

Trustees of Horton fund v.s. Attorney-General. Construction of will. Appearance and answer of Attorney-General filed.

Petition of selectmen of West Springfield for abolition of grade crossings, Baldwin and Cold Spring streets. Commissioners appointed. Pending.

Attornej'-General ex rel. Treasurer vs. Dunbar Company. Infor- mation for injunction for violation of section 38, chapter 13, Public Statutes. Complied with. Costs received and paid over.

Attorney- General ex rel. Treasurer vs. Buxton Seed Company. Claim in insolvency, S103.88. Received and paid over.

Nellie S. Mullen, petition for habeas corpus. Petition dismissed.

Attorney-General ex rel. Treasurer vs. Norton Manufacturing Company. Claim in insolvency. Pending.

Attorney-General ex rel. Treasurer vs. Meigs PLlevated Railway Construction Company. S.J. C. Information for injunction for non-payment of corporation tax. Pending.

Attorney-General ex rel. Treasurer vs. Meigs Elevated Railway Company. Information for injunction for non-payment of corporation tax. Pending.

Petition of Erancis W. Lawrence vs. Commonwealth. Petition for jury to assess damages for taking of land by Metropolitan Sewerage Commissioners. Pending. 1891.] PUBLIC DOCUMENT— No. 12. 33

Petition of Francis W. Lawrence et al., trustees, vs. Common- wealth. Petition for jury to assess damages for taking of land by Metropolitan Sewerage Commissioners. Pending.

Petition of George Wheatland, Jr., vs. Commonwealth. Petition for jury to assess damages for taking of land by Metropolitan Sewerage Commissioners. Pending.

Petition of Metropolitan Sewerage Commissioners for appointment of commissioners under section 13, chapter 449, Acts of 1889. S. J. C. Pending.

The Attorney-General ex rel. Board of Gas and Electric Light Commissioners vs. Spencer Gas Company. Violation of section 14, chapter 61, Public Statutes. Proceedings stayed

The Attorney-General ex rel. Board of Gas and Electric Light Commissioners vs. Amherst Gas Company. Violation of section 18, chapter 105, section 39, chapter 106, section 11, chapter 61, Public Statutes; and section 6, chapter 346, Acts of 1886. Proceedings stayed at suggestion of the Board.

Petition of Tucker Manufacturing Company vs. Commonwealth for damages under contract with Commonwealth for work at the State Prison. Pending.

The Attorney-General ex rel. Treasurer vs. Meigs Elevated Rail- way Company. S. J. C. Injunction for non-payment of corporation tax for 1888. Tax and costs received and paid over. Information dismissed.

The Attorney-General ex rel. Commissioner of Corporations vs. Atlierton Machine Company. Failure to make returns under section 54, chapter 106, Public Statutes. Dissolved.

The Attorney-General ex rel. Insurance Commissioner vs. United States Mutual Relief Association. Petition for appointment of receiver. E. H. Moore appointed. J. F. Colby appointed master. Reports filed and accepted. Dividends paid.

The Attorney-General ex rel. Board of Gas and Electric Light Commissioners vs. Fall River Gas Works Company. Viola- tion of section 14, chapter 61, Public Statutes. Proceedings stayed at suggestion of the Board.

The Attorney-General ex rel. Board of Gas and Electric Light Commissioners vs. Amesbury and Salisbury Gas Company. Violation of section 14, chapter 61, Public Statutes. Pro- ceedings stayed at suggestion of the Board. 34 ATTORNEY-GENERAL'S REPORT. [Jan.

The Attorney-General ex rel. Board of Gas and Electric Light Commissioners vs. Miller's River Gas Light Company. Vio- lation of section 14, chapter Gl, Public Statutes. Proceed- ings stayed at suggestion of Board.

The Attorney-General ex rel. Board of Gas and Electric Light Commissioners vs. Cottage City Gas Company. Violation of section 14, chapter 61, Public Statutes. Proceedings stayed at suggestion of the Board.

The Attorney-General ex rel. Board of Gas and Electric Light Commissioners vs. Orange Electric Light Company. Failure to make returns, under section 7, chapter 314, Acts of

1885 ; and section 2, of chapter 382, Acts of 1887. Com- plied with. Costs of prosecution paid. Information dis- missed.

The Attorney-General ex rel. Board of Gas and Electric Light Commissioners vs. AValworth Light and Power Company. Violation of section 3, chapter 382, Acts of 1887. Informa- tion filed. Pending.

The Attorney-General ex rel. Board of Gas and Electric Light Commissioners vs. Middleborough Gas and Electric Light Company. Violation of chapter- 382, Acts of 1887. Com- plied with.

The Attorney-General ex rel. Treasurer vs. Springfield Bicycle Manufacturing Company. Claim in insolvency for corpora- tion tax. Received and paid over.

The Attorney-General ex rel. Insurance Commissioner vs. Boston Fraternal Accident Association. Violation of chapter 183, Acts of 1885. Injunction issued. Receiver appointed. Final account allowed.

Commonwealth ex rel. Commissioner of Corporations vs. Milford Aqueduct Company. Failure to make returns, under section 54, chapter 106, Public Statutes. Petition for dissolution. Dissolution decreed.

E. J. Russell, warden of State Prison, vs. the T. P. Baker Mould- ing Company. Claim in insolvency. Pending.

Commonwealth vs. C. F. Libby. In Superior Court. Action for replevin to recover colonial manuscripts. Settled. See Resolve, 181)0.

Petition of Everett S. Kelly, Effie J. Kelly and Horace H. Kelly, minors, vs. Board of Lunacy and Charity. Petition for writ of habeas corpus. Argued before full court. Petition allowed. 1891.] PUBLIC DOCUMENT — No. 12. 35

The Attorney-General ex rel. Treasurer vs. Mount Tom Elastic Fabric Company. Claim in insolvency for corporation tax. Received and paid over.

Petition to perpetuate testimony of Charles I. Johnson. Testi- mony taken and on file.

The Attorney-General ex rel. Treasurer vs. Western Union Tele- graph Company. Injunction for non-payment of corporation tax of 1889. Taken to United States Court.

The Attorney-General ex rel. Treasurer vs. Adams Co-operative Association. Injunction for non-payment of corporation tax of 1888. Dismissed. Tax abated.

The Attorney-General ex rel. Treasurer vs. Blackburn Valve Com- pany. Injunction for non-payment of corporation tax of 1888. Injunction issued.

The Attorney-General ex rel. Treasurer i;s. Norton Manufacturing Company. Injunction for non-payment of corporation tax of 1888. Claim filed in insolvency.

The Attorney-General ex rel. Treasurer vs. Powwow Co-operative Society of Amesbury and Salisbury. Injunction for non- payment of corporation tax of 1888. Dismissed. No assets.

The Attorney-General ex rel. Treasurer vs. Security Associates. Non-payment of corporation tax of 1888. Tax and interest received and paid over.

The Attorney-General ex rel. Treasurer vs. H. Burr Crandall, guardian of Margaret Crawford. Proceedings to force pay- ment of board for ward in Northampton Lunatic Hospital. Pending.

Commonwealth vs. Rowland Cowper for board in Danvers Lunatic Hospital. Received and paid over.

Commonwealth vs. Joseph H. Sears for board of Rosa F. Sears in Danvers Lunatic Hospital. Pending.

Commonwealth vs. H. B. Miller for board in Danvers Lunatic Hospital. Receis^ed and paid over.

Commonwealth ex rel. Commissioner of Corporations vs. Cottage City Gas Company. Failure to pay fee, under section 54, chapter 106, Public Statutes. Pending.

The Attorney-General ex rel. Treasurer vs. George J. Raymond Company. S. J. C. Injunction for non-payment of corpo- ration tax. Injunction decreed. 36 ATTORNEY- GENERAL'S REPORT. [Jan.

The Attorney-General ex rel. Treasurer vs. Standard Pulp Com- pany. S. J. C. Injunction for non-payment of corporation tax. Dismissed.

The Attorney-General ex rel. Harbor and Land Commissioners vs. Algonquin Club. S. J. C. Information for injunction for violation of condition of deeds of land from the Common- wealth on the Back Bay. Trial had before single justice. Case reported to the full court. Pending.

James K. Adams vs. the Commonwealth (Cattle Commissioners). Petition for compensation for care, killing and burial of cer- tain swine infected with disease. Superior Court, Suffolk County. Pending.

Commonwealth vs. Middlesex Central Railroad Company and Bos- ton & Lowell Railroad Company. Middlesex County Commis- sioners. Petition for award of damages under chapter 10, Acts of 1879. Finding for the Commonwealth, $375. Costs received and paid over.

The Attorney-General (Edward J. Russell, warden) vs. Tucker Manufacturing Company. S. J. C. Action of contract for prison labor. In the hands of a receiver, and the State is secured by special bond. Pending.

The Attorney-General ex rel. Commissioner of Corporations vs. Martin Wilson Automatic Fire Alarm Company. Failure to comply with chapter 330, Acts of 1884. Complied with.

The Attorney-General ex rel. Insurance Commissioner vs. Massa- chusetts Relief Association. S. J. C. Injunction for viola- tion of chapter 183, Acts of 1885. Injunction issued, and receiver and master appointed. Final account allowed.

The Attorney-General ex rel. Treasurer vs. Western Union Tele- graph Company. S. J. C. Injunction for non-payment of taxes for the year 1885. Defendant transfers the case to United States Court. Judgment for the Attorney-General (case not fully disposed of). See United States Circuit Court.

The Attorney-General ex rel. Treasurer vs. The Midland Improve- ment and Construction Company. S. J. C. Suit for taxes of 1882. Affairs in the hands of a receiver. Received and paid over. Information dismissed.

The Attorney-General ex rel. Treasurer vs. Town of Peru. Suit for board of pauper. Pending.

The Attorney-General ex rel. Secretary of State vs. George Rob- inson, standing justice district court, eastern Hampden. Failure to make returns, under chapter 16, section 72, Public Statutes, for 1884 and 1885. Made for 1885. Pending as to 1884. Referred to district attorney. 1891.] PUBLIC DOCUMENT — No. 12. 37

The Attorney-General ex reh Commissioner of Corporations vs. Standard Sewer Trap Company. Failure to comply with chapter 330, Acts of 1884. Complied with.

The Attorney-General ex rel. Commissioner of Corporations vs. Capital City Water Company. Violation of chapter 330, Acts of 1884. Complied with.

The Attorney-General ex rel. Treasurer vs. Miller's River Gas Light Company. Violation of chapter 14, section 61, Public Statutes. Discontinued at suggestion of Board.

The Attorney-General ex rel. AVilliam R. Maun and other, com- mittee of inhabitants of the town of Sharon, vs. Revere Copper Company. S. J. C. Information for injunction against drawing water from Massapoag Pond. Decree for defendants.

Mary J. Moore, Mary B. Thompson and Belinda A. Dolan, peti- tioners, vs. Commonwealth. S. J. C. Damages for flats taken by Harbor and Land Commissioners. Referred to an auditor, and is now before the full court. Pending.

The Attorney-General ex rel. Treasurer vs. City of Springfield. Board of pauper in Northampton Hospital. Pending.

The Attorney-General ex rel. Treasurer vs. Town of Rockland. Board of pauper in Northampton Hospital. Pending.

The Attorney-General ex rel. Treasurer vs. Town of Ludlow. Board of pauper in Northampton Hospital. Pending.

The Attorney-General ex rel. Treasurer vs. City of Cambridge. Board of pauper in Worcester Hospital. Pending.

The Attorney-General ex rel. Treasurer vs. City of Newbury- port. Board of pauper in School for the Feeble-minded. Pending.

The Attorney-General ex rel. Insurance Commissioner vs. Massa- chusetts Standard Benefit Company. S. J. C. Violation of chapter 183, Acts of 1885. Injunction issued. Receiver and master appointed. First account filed.

The Attorney-General ex rel. Treasurer vs. Town of Canton. Board of pauper in Taunton Hospital. Pending.

The Attorney-Genei-al ex rel. Treasurer's. Town of South Hadley. Board of pauper in Northampton Hospital. Pending.

The Attorney-General ex rel. Treasurer vs. Town of Westford. Board of pauper in Taunton Hospital. Pending. 38 ATTORNEY- GENERAL'S REPORT. [Jun.

The Attonie3'-Geueral ex rel. Treasurer vs. Town of Peabody. Board of pauper in Worcester Hospital. Pendiug.

The Attorney-General ex -rel. Commissioner of Corporations vs. H, N. Slater Company. Failure to make returns, under section 54, chapter 106, Public Statutes. Complied with.

Charles E. Stevens and Thomas Harrington, Commissioners of Dudley Indians, vs. Commonwealth. S. J. Court. Suit for money alleged to be held in trust by the State.

Fitchburg Savings Bank vs. Treasurer of the Commonwealth. Petition for refunding of tax. Decided by Commonwealth vs. Suffolk Savings Bank.

The Attorney-General ex rel. Treasurer vs. Boston Coffee House Company. S. J. C. Injunction for failure to make returns, under Public Statutes, chapter 13, section 38. Complied with. Costs received and paid over. Information dis- missed.

The Attorney-General ex rel. Treasurer vs. the Dunbar Company. S. J. C. Injunction for failure to make returns, under Pub- lic Statutes, chapter 13, section 38. Complied with. Costs received and paid over. Information dismissed.

The Attorney-General ex rel. Treasurer vs. Globe Co-operative Shoe Company. Injunction for failure to make returns, under Public Statutes, chapter 13, section 38. Complied with.

The Attorney-General ex rel. Treasurer vs. Haverhill Iron Works. Injunction for failure to make returns, under Public Statutes, chapter 13, section 38. Complied with.

The Attorney-General ex rel. Treasurer vs. Suffolk County Dem- ocrat. Injunction for failure to make returns, under Public Statutes, chapter 13, section 38. Injunction issued.

The Attorney-General ex rel. Treasurer vs. Wilder Manufacturing Company. Injunction for failure to make returns, under Public Statutes, chapter 13, section 38. Complied vfith.

The Attorney-General ex rel. Treasurer vs. Charles W. Copeland Manufacturing Company. Injunction for non-payment of corporation tax for 1888. Tax, interest and costs received and paid over.

Commonwealth ex rel. Commissioner of Corporations vs. Lowell Gun Company. Failure to make returns, under section 54, chapter 106, Public Statutes. Petition for dissolution. Dis- soUilion decreed. 1891.] PUBLIC DOCUMENT — No. 12. 39

Commonwealth ex rel. Commissioner of Corporations vs. Hub Stove and Lighting Company. Failure to make returns, under section 54, chapter 106, Public Statutes. Petition for disso- lution. Dissolution decreed.

Commonwealth ex rel. Commissioner of Corporations vs. United States Cartridge Company. Failure to make returns, under section 54, chapter 106, Public Statutes. Petition for disso- lution. Dissolution decreed.

Commonwealth ex rel. Commissioner of Corporations vs. Atherton Machine Co Failure to make returns, under section 54, chapter 106, Public Statutes. Petition for dissolution. Dis- solution decreed.

The Attorney-General ex rel. Commissioner of Corporations vs. Dubois Lithograph Company. Failure to pay fee, under sec- tion 54, chapter 106, Public Statutes. Pending.

The Attorney-General ex rel. Treasurer vs. George H. Binney. Insurance agent's tax, under chapter 300, Acts of 1885. Claim in insolvency. Pending.

The Attorney-General ex rel. Treasurer vs. Western Union Tele- graph Company. S. J. C. Injunction for non-payment of corporation tax of 1886. Removed to the United States Circuit Court, which see.

The Attorney-General ex rel. Treasurer vs. Western Union Tele- graph Company. Injunction for corporation of 1887. Removed to United States Circuit Court, which see.

Commonwealth, by Board of Commissioners of Savings Bank, vs. Lancaster Savings Bank. S. J. C. Petitions for injunction and winding up of affairs. Affairs in the hands of receivers.

Same vs. Reading Savings Bank. Same. Final report.

Commonwealth vs. Fitchburg Railroad Company. Superior Court, Suffolk. Action of contract for rent under lease of Southern Vermont Railroad Company. Judgment for Com- monwealth.

Murdock Parlor Grate Company vs. the Commonwealth. Superior Court, Suffolk. Petition, under chapter 195, for damages for overloading leased building, 20 Beacon Street. Trial in Superior Court. Case reported to full court. Decree for Commonwealth.

Proprietors of St. Paul's Church, petitioners, for permission to use trust fund. Reported to full court. Withdrawn.

Holmes et al. vs. Coates. Construction of will. Answer filed- Pending. 40 ATTORNEY- GENERAL'S REPORT. [Jtm.

The Attorney-General ex rel. Treasurer vs. Western Union Tele- graph Company. Information for injunction of taxes, 1888. Transferred to United States Circuit Court.

The Attorney-General ex rel. Treasurer us. the estate of Timothy J. Dacey, guardian of Henry Fall, for board at Northampton Hospital. Balance of account received, 6254.42, and paid over.

The Attorney-General ex rel. Commissioner of Corporations vs. Palmer Water Company. Failure to pay fees for filing returns, under section 54, chapter 106, Public Statutes. Received and paid over.

The Attorney-General ex rel. Commissioner of Corporations vs. Nemosett Company. Failure to pay fees for filing returns, under section 54, chapter 106, Public Statutes. Dismissed.

Commonwealth, by Commissioner of Corporations, vs. Pilgrim Wharf Company. Petition for dissolution for failure to make returns for two years. Publication ordered.

The Attorney-General ex rel. Tax Commissioner ex rel. — Abbott Spinner Company. Advertiser Newspaper Company. American Chlorine and Chemical Manufacturing Com- pany. Andover Review, The. Bakers Pond and Drain Fishing Company. Barnaby Manufacturing Company. Bay State Electric Light and Power Company. Berkshire Heights Land Company. Berkshire Heights Water Company. Boston & Revere Electric Street Railway. Boston Car Spring Company. Boston Lighterage and Towage Company. Boston Water Trust and Investment Company. Cambridge Improvement Company. Chamberlain Manufacturing Company. Chelsea Safe Deposit and Trust Company. Chelsea Wire Fabric Company. Clinton Market Company. Coburn Shuttle Company'. Columbia Rubber Company. Craig & Richards Granite Company. Crosby Steam Gage and Valve Company. Danvei^ Electric Company. Dedham Electric Company. 1891.] PUBLIC D0CUMP:NT — Xo. 12. 41

The Attorney-General ex rel. Tax Commissioner ex rel. — Diamond Safety Razor Company. Dorchester Chemical Company. Draper Manufacturing Company. Dubois Lithographic Company, The. E. J. W. Morse Company. Elwell Heddie Company, The. Emerson Power Scale Company, The. Fall River Merino Company, The. Foundry Supply Company, The. Framingham Union Street Railroad Company. Franklin Telegraph Company. Grant Corundum Wheel Company. H. A. Williams Manufacturing Company. Hampden Watch Company. Hancock Inspirator Company. Haverhill Iron Works, The. Holmes Hole Marine Railroad Company. Household Publishing Company. Hull Street Railroad Company. Hyde Park & Dedham Street Railroad Company. Ipswich Co-operative Creamery Company. J. Baker & Bros. Manufacturing Company. J. H. Salter Silk Company. Kingston Co-operative Foundry Company. L. A. May Company, The. Lowell Knitting Machine Company. Meadow Company. Merrimac Spinning Company. Merrimac Valley P'elt and Woolen Company. Metallic Splice Manufacturing Company. Metropolitan Cab Company. Middlesex Land Company. Milford Electric Light and Power Company. Milton Granite Company. Milton Electric Light and Power Company. Milton Manufacturing Company. Morley Paper Company. N. Rich Fish Weir Company. Nantasket Beach Hotel. New England Fibre Company. North Brookfield Electric Company. North Shore Electric Company. O. T. Rogers Granite Company. 42 ATTORNEY- GENERAL'S REPORT. [Jan.

The Attorney-General ex rel. Tax Commissioner ex rel. — Oriental Coal Oil Company. Palmer Co-operative Company. Pequaig Soapstone Company, The. Pomeroy Iron Company, The. Potter Ore Bed Company, The. Prang Educational Company. Pure Flowing Water Company. Quincy Market Cold Storage Company. Randolph & Holbrook Light and Power Company Randolph P^lectric Light and Power Company. Rational Horseshoeing Company. Raymond Skate Company. Riverside Lumber Company. Riverside Water Company. Roxbury Electric Light Company. Roxbury Stone Company. Salter Silk Company. Shelburne Falls Electric Light and Power Company.

Springfield Brass Company. . Sterling Lithographic Company. Stone and Wakefield Electric Light and Power Compan3\ Stoneham Co-operative Shoe Company. Stoughton Gaslight Company. Suburban Light and Power Company. Suffolk Cordage Company. Texas Construction Company. Traveller Newspaper Company. Turner's Falls Driving Association. Union Glass Company. Vineyard Haven Gas and Electric Company. Vineyard Haven Marine Railroad Company. Villa Paint and Ornamental Company. Wakefield Electric Light and Power Company. Wakefield Water Company. Ware River Manufacturing Company. Western Union Telegraph Company. Westfield Street Railroad Company. Weymouth Light and IPower Company. WiUiston Mills. Winthrop Electric Street Railroad Company. Winthrop Gas Company. Worcester Bedding Manufacturing Company. National Horseshoeing Company. 1891.] PUBLIC DOCUMENT — No. 12. 43

United States Circuit Court,

The Attorney-General ex rel. Treasurer of the Commonwealth vs. Western Union Telegraph Company. Injunction, non-pay- ment of corporation tax of 1889. From State court. Await- ing decision of cases before Supreme Court.

Hannah B. Hall, administratrix estate George M. Hall, vs. A. W. Locke et al. manager Troy & Greenfield Railroad and Hoosac Tunnel. Suit for injuries received on defendant's road. Not yet heard.

Hannah B. Hall, administratrix estate Agnes M. Hall, vs. Augus- tus W. Locke et al. manager, etc. Same. Not yet heard.

The Attorney-General ex rel. Treasurer of the Commonwealth vs. Western Union Telegraph Company. Injunction for non- payment of corporation tax of 1886-87-88. Decree for Attorney-General. Appealed to Supreme Court.

United States Supreiie Court.

The Attorney-General ex rel. Treasurer of the Commonwealth vs. Western LTnion Telegraph Company. Information for injunc- tion for non-payment of corporation taxes, 1886-87-88. Appeal from Circuit Court. (Massachusetts District.) Argued but not decided.

Arthur Manchester vs. Commonwealth. Appeal from State Court. Menhaden fishery. Jurisdiction of State authorities. Argued but not decided.

John F. Brown vs. Commonwealth. Writ of error. Jurisdiction of court. Not yet heard. 44 ATTORNEY- GENERAL'S REPORT. [Jan.

COLLECTIONS

Albany Street Freight Railway Company, Tax, $147 20 Int., 1 50

Tax, Int.,

Atlas Palp Company,

Boston Advertising Company, .

Boston Wall Paper Company, .

Braintree Water Supply Company, .

Budget Publishing Company, .

Cassino Art Company, . . . .

Clias. W. Copeland Manufacturing Corn-

Citizen's Gaslight Company of Quincy, . Tax,

Dedham Electric Company,

Educational Supply Company, .

Electric and Machine Company,

Foote Refrigerator Company, .

Gardner Gaslight Company,

Geo. E. Reed Furniture Company, .

H. A. Williams Manufacturing Company, Tax 1891.] PUBLIC DOCUMENT — No. 12.

Hampden Watch Company, Tax, $2,088 77 Int., 74 47

Hancock Inspirator Company, . Tax, Int.,

Howard Printing Company, The,

Haverhill Roller Toboj?gan Company

Hero Cough Syrup Company, .

Lancaster "Water Company,

Lewis Engraving Company,

Long Beach Railroad Company,

Lynn Belt Street Railway Company,

Lynn Ice Company, ....

Magneso Calcite Fire-proof Company

Mansfield Co-operative Furnace Company, Tax

Manufacturing Gazette Publishing Com- pany,

Martha's Vineyard Railroad Company,

Martha's Vineyard Street Railway Com- pany,

Mt. Tom Elastic Fabrics Company,

Nantucket Railroad Company, .

National Fireworks Company, .

Nonantura "Worsted Company, .

Old Spain Co-operative Company,

Plum Island Street Railway Company, 4G ATTORNEY- GENERAL'S REPORT. [Js

Franker Manufacturing Company, . . Tax, $73 60 Int., 2 OG §75 66

Raymond Skate Company, . . . Tax. $441 60 Int., 19 85

S A. Wood Machine Company, . . Tax, $1,906 24 Int., 45 10 1,951 34

Springfield Bicycle Company, . . . Tax, 294 40

Suspension Transportation Company, . Tax, $368 00 Int., 10 30 378 30

Wakefield Water Company, . . . Tax, $462 21 Int., 14 70 476 91

Waltham Tribune Company, . , . Tax, $91 26 Int., 2 65 93 91

Westfield Brick Company, . . . Tax, $25 02 Int 65 , 25 67

Walter Heywood Chair Company (on account), . . . 1,125 97 Security Associates (on account), 400 00

Total corporation taxes, 1889, $17,012 16

Corporation Taxes, Generally. Charles W. Copeland Manufacturing Company, Tax, .$64 40 Int., 9 27 $73 67

Meigs Elevated Railway Company, . . Tax, $293 60 * Int., 49 32

Security Associates, Tax, $2,202 00 Int., 299 23

Midland Improvement and Construction

Company, tax of 1882, . . . Tax,

Citizens' Gaslight Company of Quincy, . Tax, $25 71 Int., 1 44

Gardner Gaslight Company, (proportion Board Gas Commis- sioners' expenses, 1889),

Citizens' Gaslight Company of Qaincy, (proportion inspector

of gas and meters tax) ,

Sullblk Co-operative Banks Tax,

Miscellaneous.

Timothy J. Dacey, guardian Henry Fall, board of patient at Northampton Lunatic Hospital,

Richard Cowper, for board of patient at Danvers Lunatic Hospital during 1889,

H. B. Miller, for board of patient at Danvers Lunatic Hospital to 1889, 1891.] PUBLIC DOCUMENT — No. 12. 47

Francis H. Skerrie, for board of patient at Danvers Lunatic Hospital during 1889, $30 00

Estate John Baldwin, board of patient at Chronic Asylum, 485 00

Lord & Gale Manufacturing Company, fee for certificate of condition, 5 00

Charles W. Copeland Company, fee for certificate of condi- tion, ....." 5 00

Swedish Importing Company, fee for certificate of condition, 5 00

A. T. Stearns Lumber Company, displacement tide water, 1,395 14

.$2,363 39

Costs in civil cases received and paid over, .... .$509 09

The Attorney-General ex rel. Treasurer versus — A. M. Gardner Hardware Company. Allen & Royrell Company. American Fire Hose Company. American Rapid Telegraph Company. Amesbury and Salisbury Gas Company. Bay State Coal Company. Bay State Watch Case Company. Bee Newspaper Company. Black Rocks & Salisbury Beach Street Railway Company. Boston Advertising Company. Boston Blower Company. Boston Electric Light Company. Boston Lighterage and Towage Company. Boston Macaroni Manufacturing Company.- Boston Multiplex Telegraph Company. Boston Times Company, The. Boston Wall Paper Company. Braintree Water Supply Company. Brockton Gazette Company. Buxton Seed Company, The. Cassino Art Company, The. Central Tow Boat Company. Chamberlain Manufacturing Company. Chas. W. Copeland Manufacturing Company. Chase's Patent Elevator Company. Chestnut Hill Real Estate Association of Marlborough. Choate Drug and Chemical Company. Citizens' Electric Light Company. Coburn Shuttle Company. 48 ATTORNEY- GENERAL'S REPORT. [Jan.

The Attorney-General ex rel. Treasurer versus — Columbia Rubber Company. Consolidated Edge and Heel Trimmer Company. Co-operative Workingmen's Corporation. Crystal Emery Wheel Company, The. Damon Safe and Iron Works Company. Duncan Leather Manufacturing Company. Duralite Manufacturing Company. East Side Street Railway Company. Educational Supply Company. Eureka Silk Manufacturing Company. Fall River Daily Herald Publishing Company. Fall River Tribune Publishing Company. Foxborough Foundry and Machine Company. Gardner Gaslight Company. Geo. E. Reed Furniture Company. Geo. F. Blake Manufacturing Company. Hampden Envelope Company, Hancock Inspirator Company. Hero Cough Syrup Company. Lewis Engraving Company. Longley Machine Company. Longley & Gale Manufacturing Company. Low Art Tile Company, The. Lynn Belt Line Street Railway Company. Lynn Ice Company. Magneso Calcite Fire-proof Company. Mansfield Co-operative Furnace Company. Marlborough Street Railway Company. Massachusetts and Southern Construction Company. Massasoit Worsted Company. Merry Mount Granite Company. Nantucket Railroad Company. National Fireworks Company. Naumkeag Street Railway Company. New York & Boston Inland Railroad Company. Newburyport & Amesbury Horse Railroad Company. Newburyport Herald Company, The. Old Colony INIachine Company. Old Spain Co-operative Society. Palmer Carpet Company. People's Line, The. Plum Island Street Railway Company. Potter Lovell Company. 1891.] PUBLIC DOCUMENT — No. 12. 49

The Attorney-General ex rel. Treasurer versus — Prang Educational Company. Franker Manufacturing Company. Raymond Skate Company. Reading Water Company. Republic Mills, The. Rex Liquid Stove Polish Company. Salem Press Publishing and Printing Company, Security Associates, The. Simonds Rolling Machine Company. Somerset Potters Works. Springfield Pump and Manufacturing Company. Stoughton Rubber Company. Suburban Light and Power Company. Thorp & Adams Manufacturing Company. Times Newspaper Company, The. Traveller Newspaper Company. Union Desk Company. Union Electric Light Company. Union Publishiug Company, The. Wainright Manufacturing Company. Waltham Tribune Company. Weutworth Carpet Lining Company. Western Union Telegraph Company. Westfield Brick Company. Weston Illuminating Company. Williamstown Gas Company. Winship Daniels & Co. Corporation. Woburn Electric Light Company.

Failure to pay taxes for 1890. Received December 15. Pend- ing. Of these, $31,709,02 has been received and paid over. 50 ATTORNEY- GENERAL'S REPORT. [Jan.

TABLE

Showing the Number and Character of Criminal Cases pending on Questions of Law in the Supreme Judicial Court during the Year ending Jan. 21, 1891, and the Disp)Osition thereof. 1891.] PUBLIC DOCUMENT — No, 12. 51

TABLE OF CASES.

TABLE

SJiowing the Number of Criminal Cases pending on Questions of Laio in the Supreme Judicial Court during the Year ending Jan. 21, 1891, and the Disposition thereof hy Counties. .52 ATTORNEY-GEXERAL'S REPORT. [Jnn.

CKIMmAL CASES.

Barnstable Countt.

Commonwealth vs. Benjamin Brown. S. J. C. Seduction. Exceptions (to admission of evidence and rulings). Over- ruled.

Commonwealth vs. James Keenan. S. J. C. Liquor nuisance. Exceptions (to admission of evidence and rulings upon ques- tions of agency). Sustained.

Commonwealth vs. Thomas McDerraott. S. J. C. Liquor nui- sance. Exceptions (variance). Overruled.

Commonwealth vs. Arthur IManchester. S. J. C. Report. Men- haden fishery case. Judgment on the verdict. Appealed to U. S. Supreme Court.

Bristol County.

Commonwealth vs. Joseph Marcotte. S. J. C. Illegal sale of butterine. Exceptions overruled.

Commonwealth vs. Lorenzo H. Francis. S. J. C. Liquor nui- sance. Exceptions overruled.

Commonwealth vs. Thomas H. Brenman. S. J. C. Illegal sale of intoxicating liquors. Exceptions overruled.

Commonwealth vs. Henry C. Slosson. S. J. C. Liquor nuisance. Exceptions overruled.

Commonwealth vs. Richard J. Dunleay. S. J. C False pre- tences. Exceptions. Argued, not yet decided.

Commonwealth vs. Patrick O'Kean. S. J. C. Liquor nuisance. Exceptions overruled.

Commonwealth vs. James H. Kelley. S. J. C. Liquor nuisance. Exceptions overruled. 1891.] PUBLIC DOCUMENT — No. 12. 53

Commonwealth vs. Jeremiah F. Harringtou. S. J. C. Larceny. Exceptions overruled.

Commonwealth vs. Charles Gagne. S. J. C. Illegal keeping of intoxicating liquors. Exceptions. Argued, not yet decided.

Essex County.

Commonwealth vs. Thomas J. Dempsey. S. J. C. Murder of Clarence J. Wiley. Plea of guilty of murder in the second degree accepted.

Commonwealth vs. Timothy Cleary (two cases), S. J. C. Illegal keeping intoxicating liquors. Exceptions. Overruled.

Commonwealth vs. Patrick H. Murray. S. J. C. Liquor nui- sance. Exceptions overruled.

Commonwealth vs. William Stevens. S. J. C. Illegal sale of intoxicating liquors. Exceptions overruled.

Commonwealth vs. John Homer. S. J. C. Abortion. Dying declaration. Report. Argued, but not decided.

Commonwealth vs. John Ford. S. J. C. Assault. Exceptions. Overruled.

Commonwealth vs. George Oslington. S. J. C. Disorderly and ill-governed house. Exceptions. Overruled.

Commonwealth vs. Richard O'Brien (two cases). S. J. C. Ille- gal keeping of intoxicating liquors. Exceptions. Over- ruled.

Commonwealth vs. Daniel Mahoney. S. J. C. Illegal sale of cider. Exceptions sustained.

Commonwealth vs. Charles J. Bickum. S. J. C. Liquor nui- sance. Exceptions. (Motion to quash.) Not yet heard.

Commonwealth vs. Steven Jewett. S. J. C. Illegal keeping intoxicating liquors. Exceptions (to evidence). Not 3'et heard.

Commonwealth vs. Augustus F. Mead. S. J. C. Illegal keep- ing intoxicating liquors. Exceptions (to evidence). Not yet heard.

Commonwealth t's. Daniel Calhean. S. J. C. Report. Liquor nui- sance. (Evidence.) Not yet heard. .

54 ATTORNEY- GENERAL'S REPORT. [Jan.

Franklin CouNxr.

Commonwealth vs. Lincoln J. Randall. S. J. C. Murder of David Marcus Randall. Not guilty.

Hampden County.

Commonwealth vs. H. H. Waters. S. J. C. Illegal sale of intoxicating liquor. Exceptions (motion in arrest of judg-

ment) . Overruled.

Commonwealth vs. John Bessette. Murder of Sophia Bessette. Counsel assigned. Pending.

Commonwealth vs. Edward F. Costello. Murder of "William A. Costello. Counsel assigned. Pendiuo-.

Hampshire County.

Commonwealth vs. Jonathan Brigham Davis. Murder of Eva Mabel Holdeu. Pending.

Middlesex County.

Commonwealth vs. Patrick Lynch. S. J. C. Exposing and keeping for sale intoxicating liquors. Exceptions (to evi-

dence) . Overruled.

Commonwealth vs. George T. Smith et al. S. J. C. Arson. Exceptions. (Motion to quash.) Overruled.

Commonwealth vs. William T. Patten. S. J. C. Illegal trans- portation of intoxicating liquors. Exceptions (to evidence) Overruled.

Commonwealth vs. Cornelius Lane. S. J. C. Liquor nuisance. Exceptions (to evidence). Overruled.

Commonwealth vs. Henry H. Oakes, Thomas Keane and Fred C. Newton. S. J. C. Illegal keeping of intoxicating liquors. Exceptions. (INIotion in arrest of judgment.) Overruled.

Commonwealth vs. M. F. McCluskey. S. J. C. Embezzlement.

Exceptions (to filing motion to quash) . Sustained.

Commonwealth vs. Lawrence G. Costello. S. J. C. Embezzle- ment. Exceptions (to sufficiency of indictment). Argued, not vet decided. 1891.] PUBLIC DOCUMENT — No. 12. 55

Commonwealth vs. Robert J. Patterson. S. J. C. Liquor nui-

sance. Exceptions (to evidence and rulings) . Overruled.

Commonwealth vs. William Gay. S. J. C. Liquor nuisance. Exceptions. Argued, not yet decided.

Commonwealth vs. John A. Hamilton. S. J. C. Illegal sale of

milk. Exceptions (to evidence) . Overruled.

Commonwealth vs. James E. Carney. S. J. C. Illegal keeping

intoxicating liquors. Exceptions (to evidence) . Argued, not yet decided.

Commonwealth vs. Frank E. Shaw. S. J. C. Illegal keeping

intoxicating liquors. Exceptions (to evidence) . Argued, not yet decided.

Commonwealth vs. .Joseph Carney. S. J. C. Liquor nuisance. Exceptions. (Motion to quash.) Overruled.

Commonwealth vs. Edward Smith. S. J. C. Liquor nuisance.

Exceptions (to evidence) . Overruled.

Commonwealth vs. Andrew C. Stevens. S. J. C. Liquor nui-

sance. Exceptions (to evidence) . Argued, not yet decided.

Commonwealth vs. .John Kavanaugh. S. J. C. Liquor nuisance. Exceptions. (Motion to quash.) Overruled.

Commonwealth vs. Margaret Haley. S. J. C. Arson. Excep-

tions (to evidence) . Overruled.

Commonwealth vs. Jeremiah Meeney. S. J. C. Liquor nuisance. Exceptions. (Motion in arrest of judgment.) Not yet heard.

Commonwealth vs. Charles E. Brown et al. S. J. C. Liquor nui- sance. Exceptions. (Motion in arrest of judgment.) Not yet heard.

Commonwealth vs. John Marble. S. J. C. Illegal keeping intoxi- cating liquors. Exceptions. (Motion to dismiss.) Not yet heard.

Commonwealth vs. William Gay. S. J. C. Liquor nuisance. Exceptions. (Motion to dismiss.) Not yet heard.

Commonwealth vs. Henry S. Brown et al. S. J. C. Illegal trans- portation of intoxicating liquors. Exceptions (to rulings). Not yet heard.

Commonwealth vs. John O'Donnell. S. J. C. Assault with a dangerous weapon. Exceptions. (Motion to dismiss.) Overruled. .

56 ATTORNEY- GENERAL'S REPORT. [Jan.

Commonwealth vs. AV^illiam McDonough. S. J. C. Liquor nui- sance. Exceptions (to ruling as to closing of shutters). Overruled.

Commonwealth vs. Ebenezer S. Sawtelle. S. J. C. Liquor nui- sance. Exceptions (to ruling as to painted glass windows) Overruled.

Commonwealth vs. Luke Nally. S. J. C. Liquor nuisance. Exceptions (as to evidence). Overruled.

Commonwealth vs. Henry H. Oakes, Thomas Keane and Fred C. Newton. S. J. C. Illegal keeping of intoxicating liquors. Exceptions (to evidence). Overruled.

Commonwealth vs. James Vahey. S. J. C. Liquor nuisance. Exceptions (to evidence). Overruled.

Commonwealth vs. Bridget Eagan. S. J. C. Liquor nuisance Exceptions (to evidence). Overruled.

Commonwealth ^'.s. Jeremiah Meaney. S. J. C. Liquor nuisance. Exceptions (to evidence). Overruled.

Nantucket Counti'.

Commonwealth vs. James Flood. S. J. C. Adultery. Excep- tions (to ruling as to privileged communications). Over- ruled.

Commonwealth vs. John F. Brown. S. J. C. Forgery. Excep- judgment question of jurisdiction). tions (motion in arrest on ; Talien to United States Supreme Court on writ of error.

Norfolk Coukty.

Commonwealth vs. Charles L. Prescott. S. J. C. Violation of section 58, chapter 91, Public Statutes. Exceptions. (Motion to quash.) Overruled.

Commonw^ealth vs. Charles L. Prescott. S. J. C. Violation of section 58, chapter 91, Public Statutes. Exceptions. (Motion in arrest of judgment.) Not yet heard.

Commonwealth vs. Patrick Fay. S. J. C. Illegal sale of intoxi- cating liquor. Exceptions (to right of standing justice to hear case). Motion in arrest of judgment granted.

Commonwealth vs. Walter H. Pray. Murder of Verner M. Fisher. Indictment found Dec. 5, 1889. Defendant adjudged insane, and sent to Taunton Lunatic Hospital Indictment filed 181)1.] PUBLIC DOCUMENT — No. 12. 57

Commonwealth vs. Saladin Cook. S. J. C. Murder of Dennis Ryan, by shooting. Defendant adjudged insane, and sent to Taunton Lunatic Hospital. Indictment filed.

Plymouth County.

Commonwealth vs. John Lear. S. J. C. Liquor nuisance. Exceptions overruled.

Commonwealth vs. Louis Lattinvilie. S. J. C. Liquor nuisance. Exceptions. Overruled.

Commonwealth vs. Rosauna and Edward Hagan. S. J. C. Liquor nuisance. Exceptions. Argued, not yet decided.

Commonwealth vs. William Cutler. S. J. C. Illegal sale of mortgaged property. Exceptions. Argued, not yet decided.

Commonwealth vs. William Mclntee. S. J. C. Liquor nuisance. Exceptions. Argued, not yet decided.

Commonwealth vs. John McCarty. S. J. C. Forgery. Excep- tions. Argued, not yet decided.

Commonwealth vs. Catherine Chamberlain. S. J. C. Liquor nuisance. Exceptions overruled.

Commonwealth vs. Julia Sullivan. S. J. C. Illegal sale of intox- icating liquors. ^xGeiftions (autrefois acquit). Overruled.

Commonwealth vs. John Kane. S. J. C. Liquor nuisance. Exceptions (to rulings) overruled.

Commonwealth vs. James Quinlan. S. J. C. Liquor nuisance. Exceptions. (Motion to quash.) Argued, not yet decided.

Suffolk County.

Commonwealth vs. Mary Hamill. S. J. C. Illegal sale of liquor. Exceptions (to evidence). Overruled.

Commonwealth vs. Emma J. Lunt. S. J. C. Larceny. Excep- tions (to evidence). Overruled.

Commonwealth vs. Patrick Tangney. S. J. C. Illegal keeping of intoxicating liquors. Exceptions (motion in arrest of

judgment) . Not yet heard.

Commonwealth vs. Charles C. Cowlishaw. S. J. C. Murder. Plea of guilty by defendant of murder in the second degree. Excepted. Prisoner sentenced to State Prison for life. 58 ATTORNEY- GENERAL'S REPORT. [Jan.

Commonwealth vs. Albert Trenholm. S. J. C. Illegal keeping of intoxicating liquors. Exceptions (to evidence). Not yet heard.

Commonwealth vs. Bridget Lydon. S. J. C. Liquor nuisance. Exceptions (to evidence). Not yet heard.

Commonwealth vs. Myron L. Wetherbee. S. J. C. Illegal sale of milk. Exceptions (to evidence). Overruled.

Commonwealth vs. Andrew McArthur. S. J. C. Illegal sale of bread. Exceptions (to evidence). Overruled.

Commonwealth vs. Mary Taylor. S. J. C. Illegal keeping of intoxicating liquors. Exceptions (to evidence). Overruled.

Commonwealth vs. Alice Loraine. S. J. C. Idle and disorderly person. Exceptions (to ruling as to what constitutes). Overruled.

Commonwealth vs. Ellen Broker. S. J. C. Illegal sale of intox- icating liquors. Exceptions. (Motion to quash.) Over- ruled.

Commonwealth vs. Fred L. Whitcomb. S. J. C. Illegal keeping of intoxicating liquors. Exceptions (to evidence). Over- ruled.

Commonwealth vs. Lucy M. Gove. S. J. C. Suit on recogni- zance. I^xceptions (to rulings on provisions of section 48, chapter 212, Public Statutes). Overruled.

Commonwealth vs. Miles McMahon. S. J. C. Illegal sale of intoxicating liquors. Exceptions (to evidence). Overruled.

Commonwealth vs. Dennis H. Lannan. S. J. C. Larceny. Ex-

ceptions (to sufficiency of evidence) . Not yet heard.

Commonwealth vs. Timothy Murphy. S. J. C. Illegal keeping of intoxicating liquors. Exceptions (to evidence). Not yet heard.

Commonwealth vs. William Hennessey, alias William Hensy. S. J. C. Murder of Catherine Hennessey, by beating. Indict- ment noU pross'd. Defendant tried and convicted of man- slaughter.

Commonwealth vs. Arthur E. Root. S. J. C. Illegal sale of oleomargarine. Report. Report discharged.

Commonwealth vs. Charles Wilson. S. J. C. Breaking and entering in the night-time. Exceptions (to ruling). Overruled. 1891.] PUBLIC DOCUMENT — No. 12. 59

Commonwealth vs. Fanny AUman and Stephen "Wood. S. J. C. Illegal sale of intoxicating liquor. Exceptions (to joinder of defendants). Overruled.

Commonwealth vs. David Murray. S. J. C. Larceny from the

person. Exceptions (to rulings) . Overruled.

Commonwealth vs. Annie Ducey. S. J. C. Illegal sale of intoxi- cating liquors. Exceptions (to rulings). Overruled.

Commonwealth vs. Dennis J. Bowen. S. J. C. Illegal sale of

intoxicating liquors. Exceptions (to rulings) . Overruled.

Commonwealth vs. Benjamin F. Taylor. Murder of Wilder F. Hutchings. Pending.

Commonwealth vs. Daniel H.Wilson. Murder of Annie C. AVilson.

Pending. /

Commonwealth vs. Thomas Wason. S. J. C. Selling pools. Exceptions. (Motion to quash evidence.) Not yet heard.

Commonwealth vs. Patrick Clancy. Same.

Worcester County.

Commonwealth vs. William H. Ryan. S. J. C. Liquor nuisance. Exceptions (to ruling upon question of club house). Over- ruled.

Commonwealth vs. Edward Smith. S. J. C. Assault upon an officer. Exceptions (to evidence). Overruled.

Commonwealth's. William E. Barker. S. J. C. Liquor nuisance.

Exceptions (to ruling upon question of club house) . Overruled.

Commonwealth vs. Nathaniel S. Jacobs. S. J. C. Liquor nui- sance. Exceptions (to ruling upon question of club house). Overruled.

Commonwealth vs. John Maloney (two cases). S. J. C. Liquor nuisance. Exceptions (to evidence). Overruled.

Commonwealth vs. Henry N. Stone. S. J. C. Subornation of perjury. Exceptions (to sufficiency of indictment). Sustained.

Commonwealth vs. William Powers. S. J. C. Larceny. Excep- tions (to evidence that silver certificates are United States

notes) . Overruled. 60 ATTORNEY- GENERAL'S REPORT. [Jan.

requisitio:n^ papers.

Seiit to this Department by His ExceUe7icy the Governor for Examination and Report thereon.

Jan. 13. On the governor of Connecticut, for George T. Rood, for the crime of cheating by means of false pretences. Advised to issue.

Jan. 17. On the governor of Pennsj'lvania, for Frank D. Les- clide, for the crime of false pretences. Advised to issue, the pa^jers having been amended.

Jan. 30. On the governor of Connecticut, for Frank Lee, for the crime of breaking and entering in the night- time with intent to commit larceny. Advised to issue.

Feb. 7. On the governor of New Hampshire, for Henry L. Rooks, for the crime of fleeing to escape sentence for conviction of keeping a liquor nuisance. Advised to issue.

Feb. 7. On the governor of New York, for Alfred \Y. Green, alias A. W. Ronald, alias A. W. Donald, for the crime of embezzlement. Advised to issue.

Feb. 10. On the governor of Vermont, for William L. Strick- land, for the crime of obtaining money under false pretences. Advised to issue.

Feb. 18. On the governor of New York, for George Krewolf, for the crime of embezzlement. Advised to issue.

Feb. 20. On the governor of New York, for Frank H. Ful- ler, for the crime of selling personal property held on conditional sale. Advised to issue.

Feb. 26. From the governor of Vermont, for E. A. Kathan, for the crime of criminal libel. Papers held for amendment. 1891.] PUBLIC DOCUMENT— No. 12. 61

Feb. 28. Same case. Advised to issue, papers having been sufficiently amended.

Feb. 28. On the governor of New York, for Patrick J. Hauley, for the crime of breaking and entering in the night- time with intent to commit larceny. Advised to issue.

March 4. On the governor of Maryland, for William P. Brosius, for th^ crime of larceny. Advised to issue.

March 6. On the governor of New York, for Samuel S. Ful- ler, for the crime of embezzlement. Advised to issue.

March 10. On the governor of Connecticut, for George A Bar- ton, for the crime of escaping from house of cor- rection. Advised to issue.

March 11. From the governor of Pennsylvania, for C Oliver Parker and Robert B. Leitch, for the crime of lar- ceny, larceny by bailee, and receiver of stolen goods. Advised to issue.

March 12. On the governor of New York, for Patrick Farring- ton, for the crime of breaking and entering with

intent to steal , and receiving stolen goods. Advised to issue.

March 20. From the governor of New Hampshire, for Joseph Flaherty, for the crime of fighting by appointment. Advised to issue, the papers having been amended.

March 21. On the governor of New Jersey, for William W. Tyler, for the crime of unlawfully selling mort- gaged property. Advised to issue.

March 22. On the governor of New York, for Zephrin J. Lucie and Aleck McKennon, for the crime of assault with a dangerous weapon. Advised to issue.

April 2. From the governor of New York, for J. M. Pees and D. O'Connell, for the crime of robbery in the first degree. Advised not to issue, the papers being insufficient.

April 5. On the governor of New York, for Joseph Younger- man, for the crime of forgery and uttering. Ad- vised to issue.

April 14. From the governor of Michigan, for Stephen BuUis, for the crime of embezzlement. Advised to issue. 62 ATTORNEY-GENEHAL'S REPORT. [Jan.

April 14. From the governor of New York, for J. M. Rees and D. O'Conuell, for the crime of robbery. Advised not to issue.

April 26. From the governor of New York, for William H. Vinal, for the crime of conspiracy, — false state- ments concerning bonds and stock. Hearings and report thereon.

April 29. From the governor o*f New York, for Frank Malir and Morris Shea, for the crime of burglary. Ad- vised to issue.

April 30. From the governor of Connecticut, for James Lyons, alias Samuel A. Rogers, for the crime of theft and escape from prison. Advised to issue.

April 30. From the governor of New Hampshire, for Fred Law- rence, for the crime of obtaining property by false pretences. Advised to issue, the papers having been amended.

May 5. From the governor of Illinois, for Timothy Sullivan, for the crime of assault with intent to kill. Ad- vised to issue.

May 21. From the governor of New York, for Charles W. Leonard and Henry Sawyer, for the crime of grand larceny. Advised to issue as to Leonard, but not as to Sawyer, there being no affidavit that Sawyer was a fugitive from justice.

May 29. On the governor of , for Frederick O. H. Bowen, alias Fred. Bowen, for the crime of breaking and entering. Advised to issue, additional affi- davit having been supplied.

May 31. From the governor of Maine, for Orison Huff and Sarah A. Lord, alias Sarah A. Howe, for the crime of adultery. Advised to issue.

June 5. From the governor of Michigan, for Aleck Dubenske, for the crime of murder. Advised not to issue, the papers being insufficient.

June 12. On the governor of Connecticut, for George A. Barton, for the crime of escaping from the house of correc- tion. Advised to issue.

June 14. On the governor of Pennsylvania, for Daniel B. Wal- lace, for the crime of embezzlement. Advised to issue, additional affidavit being supplied. 1891.] PUBLIC DOCUMENT — No. 12. 63

June 24. From the governor of New York, for Antonia Privato, for the crime of grand larceny. Advised to issue.

July 8. On the governor of New York, for Frank A. Miller, for the crime of larceny. Advised to issue, the papers having been amended.

July 8. On the governor of New York, for James H. Berry, for the crime of breaking and entering, and lar- ceny. Advised to issue, the papers having been amended.

July 12. From the governor of , for William Sullivan, alias AYilliam Slasher, for the crime of embezzlement. Advised not to issue, the papers being insufficient.

July 21. From the governor of Illinois, for Charles McDonald, for the crime of larceny. Advised to issue.

July 24. On the governor of New York, for Zephaniali T. Parker, for the crime of adultery. Advised to issue.

July 30. From the governor of New York, for Nelson E. Weeks, for the crime of rape. Advised to issue.

Aug. 6. On the governor of New York, for Charles J. Currier, alias Charles J. Emerson, for the crime of larceny in a building. Advised to issue.

Aug. 27. On the governor of New York, for Frederick Kimball, for the crime of embezzlement. Advised to issue.

Aug. 28. On the governor of New York, for Louis Schaffer, for the crime of fraudulently concealing property, and larceny. Advised to issue.

Sept. 4. From the governor of Tennessee, for F. W. Jordan, for the crime of fraudulent breach of trust, and' obtaining money under false pretences. Advised not to issue, the papers being defective.

Sept. 6. On the governor of New York, for William Bardon, alias Leroy Bailey, for the crime of larceny in a building. Advised to issue.

Sept. 10. On the governor of Maine, for Fred Z. Rogers, for the crime of obtaining money under false pretences. Advised to issue. 64 ATTORN 1<:Y- GENERAL'S REPORT. [Jan.

Sept. 16. Oil the governor of New Jersey, for Michael Sullivan, for the crime of breaking and entering a building in the night-time with intent to commit robbery. Advised to issue, after amendment of papers.

Sept. 26. From the governor of New York, for James E. Mitchell, for the crime of forgery. Advised to issue.

Oct. 2. On the governor of New Hampshire, for Thomas Coleman, alias John Coleman, alias John Smith, for the crime of larceny. Advised to issue.

Oct. 8. On the governor of New York, for William Slade, alias William Claude Slade, for the crime of break- ing and entering a building with intent to steal therein, and receiving stolen goods. Advised to issue.

Oct. 16. On the governor of New York, for Marjorique Gog- non, for the crime of breaking and entering a build- ing in the night-time, and larceny therefrom. Advised to issue.

Oct. 22. On the governor of New York, for Robert Mather, for the crime of concealing personal property on a conditional contract of sale. Advised to issue.

Nov. 11. From the goA'ernor of Colorado, for Charles R. Cope- land, for the crime of embezzlemeut. Advised to issue.

Nov. 12. On the governor of Rhode Island, for John M. Brownell, for the crime of illegal fishing in Buz- zard's Bay. Advised not to issue.

Nov. 12. On the governor of Virginia, for Ray Gould, for the crime of breaking and entering a building with intent to steal therein, and receiving stolen goods. Advised to issue.

Nov. 26. From the governor of New Hampshire, for Richard F. Briggs, alias T. B. Whitney, for the crime of obtaining money under false pretences. Advised to issue.

Dec. 10. On the governor of New York, for William E. Kelley, for the crime of escaping from prison. Advised to issue.

Dec. 15. On the governor of Connecticut, for Morris Murphy, for the crime of horse stealing. Advised to issue. .

1891.] PUBLIC DOCUMENT — Xo. 12. 65

Dec. 31. From the governor of Pennsylvania, for William Stetson, alias English Bill, for the crime of larceny. Hearing and report. Advised not to issue.

1S91. Jan. 9. On the governor of New York, for James H. Haley of Hampshire County, for the crime of assault with a dangerous weapon. Advised to issue.

Jan. 13. On the governor of New York, for James Holmes, alias James Grotty, Wm. Crotty, Walter J. Cum- mings, Michael Clarke, James Moore, William Carroll, for the crime of larceny (habitual criminal) Advised to issue.

Jan. 15. On the governor of New Hampshire, for Paul Noe, for the crime of breaking and entering, and larceny in a railroad car. Advised to issue. C,Q ATTORNEY- GENERAL'S REPORT. [Jan.

CASES.

Requirinrj the Attorney-General's Siqyervision, though not conducted by him.

Attorney-General ex rel. vs. James 0. Parker. S. J. C. Trust. Pending.

Attorney-General ex rel. vs. William B. Washburn et al. Chari- table trust.

The Attorney-General ex rel. Hawes Place Congregational Church and the Second Hawes Congregational Society vs. Trustees of the Hawes Fund of Boston. S. J. C. Not yet heard.

West Parish in Barnstable et al. vs. the Inhabitants of the Town

of Barnstable et al. and Attorney-General. S. J. C. Execu- tion of school trust. Pending.

Attorney-General ex rel. Samuel Patch and William Guinan vs. Henry P. Sherman and Henry W. Howe, Commissioners of Public Buildings. Quo vmrranto to try title. Pending.

Francis J. Stratton et al. vs. the Attorney-General. S. J. C. Charitable trust. Pending.

George White, Executor, vs. City of Boston et al. Pending.

In re Estate of AVilliara Hale. Probate court. Claim of next of kin. Pending.

In re the Society for Promoting Christian Knowledge. Petition for transfer of funds. Pending.

In re Sarah C. Bent. Petition for interpretation of will of Sarah T. Chaplin. Pending. 1891.] PUBLIC DOCUMENT — No. 12. 67

The Attorney-General ex rel. Charles L. Ayer et al. vs. the Fisk- dale Mills. Information for injunction to prevent drawing water from Alum Pond. Pending.

Trustees of William Appleton estate. Probate court. Petition

for instructions as to will ; change in investment of funds.

Petition of John J. Williams for leave to sell real estate in Lowell, Middlesex. S. J. C. Service accepted. Pending.

The Attorney-General ex rel. the Inhabitants of the Town of Ipswich vs. the Inhabitants of the Town of Essex. Infor- mation for an injunction restraining the digging of clams. Pending.

The Attorney-General vs. the Proprietors of Rowe's Wharf. S. J. C. Information for an injunction. Injunction peridenfe

lite granted. Pending.

The Attorney-General vs. the Day Cordage Company. Informa- tion for an injunction. Pending.

The Attorney-General by information vs. the Inhabitants of Clin- ton. Public nuisance. Dismissed.

:

PUBLIC DOCUMENT ...... No. 12.

dlommontD^alllj of S^assatljxts^tts.

ANNUAL REPORT

ATTOE^ET- GENERAL

Year En^ding Jais^uary 20, 1892.

BOSTON WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 18 Post Office Square. 1892.