ship which are not important to the discussion of the question submitted. Section 4 of Article 11 further provides that no person shall be admitted" who shall be engaged in any of the professions," or "who shall be engaged in commercial business on his own account: provided, however, that this article shall not apply to the corporation physician, or to persons engaged in industrial pursuits or labor." Although one of the purposes of the organization is to aid its sick and the families of its deceased members, yet under the provisions of its by-laws a member obtains no contract rights against the corporation for those purposes, but relies solely upon a vote of the directors authorizing such payments.

The articles of association of this corporation, as well as its by-laws, brings it clearly within the provisions of Pub. Sts., c. 115, relating to associations for charitable, educational and other purposes. The question submitted is whether it is also subject to the provisions of St. 1888, c. 134, authorizing the incorporation of labor or trade organizations; and especially to section 4 of said chapter, which provides that no member of a corporation organized under that statute shall be expelled by a vote of less than a majority of all the members thereof.

I am of opinion that the corporation in question is not subject to the provisions of the statute of 1888. There is much similarity between the two classes of corporations. Both look to the promotion of the welfare of their members and are charitable in their nature. But the statute of 1888 is specific, and relates to a particular class of charitable associations, to wit, labor organizations. The purpose of corporations formed under this chapter is stated in section 1 to be that of "improving in any lawful manner the condition of any of the employees in any one or more lawful trades or occupations."

This cannot be said to be the specific purpose of the corporation in question. It is true that under its by-laws no person engaged in any one of the learned professions, or in commercial business on his own account, can be admitted as a member. This rule of exclusion, however, by no means limits membership to employees or persons engaged in manual labor. Persons engaged in any business or occupation are eligible to membership, as are common laborers who have learned no special trade. The organization of the corporation is broad enough to authorize the admission to its membership of any person, regardless of his business or occupation, excepting only professional men and merchants; and the purposes of its incorporation have no specific reference to "the improvement of the condition of employees in any one or more lawful

I am of opinion, therefore, that the corporation is not subject to the provisions of St. 1888, c. 134, § 4, requiring a vote of a majority of all the members for the expulsion of a member. Yours very truly,

HOSEA M. KNOWLTON, Attorney-General.

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Gas manufactured by municipal corporations. -- Inspection. - Penalty. Gas Commissioners.

St 1891, c. 370, § 17, imposes the same duty upon the gas inspector to inspect the gas manufactured and supplied by municipal corporations as Pub. Sts., c. 61, § 14, as amended by St. 1892, c. 67, imposes upon him to inspect the gas of other corporations.

Although the penalty for supplying inferior gas is nugatory so far as municipal corporations are concerned, yet it is important that gas supplied by them should be inspected, so that the Gas Commissioners may be informed as to how far they comply with the law.

CHARLES D. JENKINS, Esq., Gas Inspector.

MAY 26, 1898.

DEAR SIR: :- Your letter of the 12th inst. requires my opinion upon the question whether it is your duty to inspect gas supplied by municipal corporations.

St. 1891, c. 370, enables cities and towns to manufacture and distribute gas and electricity, and provides in section 17 as follows: "All general laws of the Commonwealth, and all ordinances and by-laws of any city or town availing itself of the provisions of this act, relative to the manufacture, use, generation or distribution of gas or electricity, or the quality thereof, or plant or the appliances therefor, shall apply to such city or town, so far as the same may be applicable and not inconsistent with this act, in the same manner as the same apply to persons and corporations engaged in making, generating or distributing gas or electricity therein."

I am of opinion that this section imposes upon you the same duty of inspection of gas manufactured by municipalities as is imposed upon you by existing laws relative to gas manufactured by other corporations. The inspection required of you by Pub. Sts., c. 61, § 14, as amended by St. 1892, c. 67, is for the purpose of testing the quality of the gas manufactured; and the section quoted provides specifically that the general laws relating to the quality of gas apply to gas manufactured by municipalities.

It is true that under section 14, providing for inspection by your office, the only penalty for producing gas below the standard fixed thereby is a fine of one hundred dollars, to be paid by the company to the city or town supplied by it. This penalty is nugatory so

far as municipalities are concerned, for the town receiving the fine is also the town upon which the fine is imposed. But, although there is no effective penalty for producing gas of inferior quality which can be enforced against cities and towns, it does not follow that it is not your duty to make the inspection. The collection of the fine is not the only purpose of the inspection. It being your duty to report to the Gas Commissioners (St. 1885, c. 314, § 15), it is important that gas supplied by municipalities should be inspected, to the end that the Board having general jurisdiction of the whole subject shall be fully informed as to how far the provisions of law relating thereto are complied with by cities and towns.

Yours very truly,

HOSEA M. KNOWLTON, Attorney-General.

Constitutional law. - Authority of General Court to enact legislation allowing soldiers to vote without the city, town or district in which they are entitled to vote under existing law or without the Commonwealth.

His Excellency ROGER WOLCOTT, Governor.

JUNE 3, 1898.

DEAR SIR-Replying to your letter of inquiry of June 2, I am of opinion that the General Court is authorized to enact by legislation that inhabitants of this Commonwealth engaged in the military service of the United States, being otherwise qualified, may cast their votes without the limits of this Commonwealth, or in any town or district within this Commonwealth, for electors for president and vice-president of the United States, and for representatives to congress; also for sheriffs, registers of probate, clerks of courts, district attorneys and all civil officers whose election is not otherwise provided for by the constitution of the Commonwealth; also for municipal officers.

I am further of opinion that the General Court is not authorized, under the constitution, to enact by legislation that inhabitants of this Commonwealth may cast their votes for governor, lieutenant-governor, councillor, senator, representative, treasurer and receiver-general, secretary, auditor or attorney-general in any other place, whether within or without this Commonwealth, than in the town, city or district in which under the provisions of the constitution of the Commonwealth they are entitled to vote.

Yours very truly,

Highland Cadets of Montreal. - Military organization. — Parade with firearms. Authority of United States. Governor. Constitutional Law.

The Highland Cadets of Montreal, Canada, a military organization, are prohibited from parading with firearms in this Commonwealth by St. 1895, c. 465, § 6.

The governor has no authority to waive the provisions of that statute. It is a matter of domestic regulation, and not within the jurisdiction of the United States or its authorities.

The statute is constitutional.

Maj. Gen. SAMUEL DALTON, Adjutant-General..

JUNE 4, 1898.

DEAR SIR:- Your letter of June 2 requires my opinion upon the question whether the Highland Cadets of Montreal, Canada, a military organization, may be authorized, either by the authorities of the United States or by the governor of this Commonwealth, to parade with firearms in Massachusetts.

St. 1895, c. 465, § 6, provides that "No body of men whatsoever, other than the regularly organized corps of the militia, the troops of the United States and the Ancient and Honorable Artillery Company of Boston, shall maintain an armory or associate themselves together at any time as a company or organization, for drill or parade with firearms." Section 7 of the same chapter provides a penalty for violation of the provisions of the section quoted. There can be no question that the provisions of this statute extend to the case in question. It is not limited in its terms to citizens of the Commonwealth; and the purposes of its enactment apply as well to companies from foreign countries as to domestic organizations. The Legislature undoubtedly considered that it would not be conducive to the general welfare to permit armed bodies of men to assemble together or to parade through the public streets. Such a law is clearly within the so-called police power conferred upon the Legislature by the constitution. It is moreover in conformity to the spirit of article 17 of the declaration of rights, which declares that "The people have a right to keep and to bear arms for the common defence. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the Legislature, and the military power shall always be held in an exact subordination to the civil authority, and be governed by it."

In Presser v. Illinois, 116 U. S. 252, 267, a case in which a similar statute in Illinois was upheld as being constitutional, Mr. Justice Woods, in delivering the opinion of the court, said: "It cannot be successfully questioned that the State governments, unless restrained by their own constitutions, have the power to reg

ulate or prohibit associations and meetings of the people, except in the case of peaceable assemblies to perform the duties and exercise the privileges of citizens of the United States; and have also the power to control and regulate the organization, drilling and parading of military bodies and associations, except when such bodies or associations are authorized by the militia laws of the United States. The exercise of this power by the States is necessary to the public peace, safety and good order. To deny the power would be to deny the right of the State to disperse assemblages organized for sedition and treason, and the right to suppress armed mobs bent on riot and rapine."

Military associations, whether foreign or domestic, being expressly prohibited by statute from parading with firearms, it is scarcely necessary to state that the Governor has no authority to waive its provisions.

Nor can authority be given by federal officers or under federal laws. It is a matter of domestic regulation, and not within the jurisdiction of the United States or its authorities.

Yours truly,

HOSEA M. KNOWLTON, Attorney-General.

Deputy city auditor of Boston. - Civil service.

The duties of the deputy city auditor of Boston, as defined by the auditor, involve the exercise of judgment, discretion, authority and responsibility, and his position does not come within the classification of civil service rule VI., schedule A.

JUNE 30, 1898.

CHARLES THEODORE RUSSELL, Esq., Chairman, Civil Service Commission. DEAR SIR: --Your letter of June 7 requires my opinion upon the question whether the deputy city auditor of Boston comes within the classification provided by schedule A in civil service rule VI. of the rules of the Civil Service Commissioners.

The duties of the office are defined in a letter from the city suditor, dated May 9, 1898, from which I quote the following:

All requisitions upon the Civil Service Commission for the certifi cation of names and all communications from heads of departments and divisions to the civil service commissions will hereafter pass through your office and be made a matter of record there; and it is also desired, if such an arrangement can be made with the Civil Service Commission, that all certifications of names and other communications from the Civil Service Commission to heads of departments shall equally pass through your hands.

Your office is also to serve as a bureau of information, both for the