Executive proclamations and war legislation

Front matter

EXECUTIVE PROCLAMATIONS

■I

AND

Contents

Executive Proclamations.

PAGE

1. Encouragement of Food Production, 7

Section 2. This act shall take effect upon its passage. [Approved May 12, 1917

7. Compensation for Municipal Employees in United States

Service.

An Act to authorize cities and towns to pay to their employees WHO ENLIST IN THE SERVICE OF THE UNITED STATES THE DIFFERENCE BETWEEN THEIR MILITARY AND THEIR MUNICIPAL COMPENSATION.

Section 1. Cities and towns are hereby authorized to pay to employees leaving their service between March twenty-fifth, nineteen hundred and seventeen, and the close of the war, as determined by the United States government, for the purpose of entering the military or naval service of the United States, an amount equal to the difference between the compensation which such employees were receiving at the time of leaving such service and the pay which they receive while in said military or naval service under the acts of congress and of this commonwealth, including aid to their dependents. The payments herein provided for shall date from the time when the employee leaves the service of the city or town. Payments hereunder shall continue to be made for six months after the close of the war as determined aforesaid unless the recipient is sooner discharged.

Section 2. This act shall take effect in cities upon its acceptance by the mayor and city council, or by the commission in cities where there is a commission form of government, and in towns upon its acceptance by the voters of the town at any regular or special town meeting. [Approved May 14, 1917.

8. Use of Firearms in Military Training.

An Act to authorize certain organizations to drill and parade with firearms.

Section 1. The adjutant general, with the approval of the governor, may prescribe rules and regulations under which any body of citizens of the commonwealth, organized as an association, club or training school for the purpose of acquiring military knowledge, discipline and training, may drill or parade with firearms: provided, that written consent is first obtained from the adjutant general, and that the body organized as aforesaid shall adopt such uniform, equipment and insignia of rank as he shall prescribe. He may authorize the use by any such body of any state armory for drill or training; provided, that such use shall not interfere with the occupation and use of the armory by the national guard. The governor may, at any time, disband any such body. This act shall be operative only during such time as the United States may be in a state of actual warfare.

Section 2. This act shall take effect upon its passage. [Approved May 25, 1917.

9. Compensation for State Employees in United States Service.

An Act relative to the compensation of employees of the commonwealth in the military or naval service of the united states during the present war.

Section 1. There shall be allowed and paid, out of the treasury of the commonwealth, to every employee of the commonwealth who has been or is hereafter mustered into the military or naval service of the United States during the present war, an amount equal to the difference between the compensation received by him from the United States, plus the compensation received as extra military pay, received from the commonwealth, and the amount which he was receiving from the commonwealth at the time when he was mustered in. The said payments shall continue so long as he continues in the military or naval service of the United States, but shall cease one month after the termination of the war. In case of his death in the said service his widow, minor children, parents or dependents shall receive the said sum until the termination of the war.

Section 2. The said sums shall be payable monthly by checks signed by the treasurer and receiver general, which shall be sent to the person to whose order they are drawn, or to his wife, parent or child, or to any other person designated by the beneficiary by a writing filed with the treasurer and receiver general, or sent to him by mail.

Section 3. This act shall take effect upon its passage. [Approved May 25, 1917

10. Soldiers and Sailors entitled to State Pay from February 3,

An Act relative to state pay and other benefits for certain soldiers and sailors.

Section 1. For the purpose of authorizing state pay for soldiers and sailors in the federal service as provided by chapter two hundred and eleven of the General Acts of the year nineteen hundred and seventeen, and aid for their dependents under the provisions of chapter one hundred and seventy-nine of the General Acts of the year nineteen hundred and seventeen, the war with the German Empire is defined as having begun February third, nineteen hundred and seventeen, and any non-commissioned officer or enlisted man having a residence of at least six months within this state and serving to the credit of this commonwealth in the regular or volunteer forces of the United States army, navy or marine corps, whose federal service began subsequent to said February third, nineteen hundred and seventeen, is eligible under the provisions of the above acts.

Section 2. This act shall take effect upon its passage. [Approved May 25, 1917.

Note. — For provisions concerning affidavits and acknowledgments by soldiers and sailors, and suits by or against them, see " The Commonwealth Defence Act", sections 13-20, pages 17-19.

III. PRODUCTION AND CONSERVATION OF FOOD AND OTHER SUPPLIES.

1. Agricultural Work on the Lord's Day legalized.

An Act relative to the observance of the lord's day. Be it enacted, etc., as follows:

Section 1. The cultivation of land, and the raising, harvesting, conserving and transporting of agricultural products on the Lord's day shall not be unlawful, during the existence of war, and until the first day of January following the termination thereof, between the United States and any other nation.

Section 2. This act shall take effect upon its passage. [Approved April 27, 1917.

2. Expenditures by Municipalities to aid in raising Food

Products, etc.

An Act to authorize cities and towns to make certain emergency appropriations in time of war.

Section 1. Cities and towns are hereby authorized, during the continuance of the existing state of war between the United States and any foreign country, to appropriate such sums of money as they may deem necessary to conserve health and to protect persons and property; to establish, maintain, and equip training fields; to purchase military equipment and supplies; and for the purpose of conserving the food supply, to do such things as they may deem necessary to assist in the raising and distribution of food products. The expenditure of all money appropriated under authority of this act shall, in cities, be under the direction of the mayor and city council or commission, and in towns, of the selectmen, or of committees appointed by the mayor with the approval of the council or commission in cities, and by the selectmen in towns. A report in detail of all such expenditures shall be made and included in the annual report of the proper financial officers of the city or town.

Section 2. For the purpose of meeting expenditures herein authorized, a city or town may raise such sums as may be necessary by taxation or may incur debt and issue bonds or notes therefor for a period not exceeding five years. All debts incurred under authority of this act shall be payable in accordance with the provisions of section fourteen of chapter seven hundred and nineteen of the acts of the year nineteen hundred and thirteen, and amendments thereof.

Section 3. If a city or town, acting under the authority herein granted, shall plough or harrow or furnish other aid in the -cultivation of private land situated in such city or town upon application of the owner of such land and for his benefit, the cost of such work shall be paid by the owner and bills shall be rendered to the owner therefor, and if not paid on or before the first day of April of any year, the amount so due and unpaid may be assessed on the land upon which the work was done, and shall be a lien on the said land enforceable in the same manner and with the same effect as is provided in the case of assessments for the suppression of the gypsy and brown tail moth.

Section 4. This act shall take effect upon its passage, and shall, except as herein otherwise expressly provided, cease to operate on the termination of the said state of war. [Approved May 17, 1917.

3. Investigations of Unlawful Combinations by Attorney- General.

An Act to provide for the compulsory attendance and testimony of witnesses in certain investigations held by the attorney-general.

Section 1. If it appears to the attorney-general that there is cause to investigate any alleged violation of law by reason of monopolies, unlawful discriminations or combinations, or other unlawful practices in restraint of trade, he may require by summons the attendance and testimony of witnesses and the production of books and papers before him relating to any such matter under investigation. Such summonses may be issued by the attorney-general or by any of his assistants. They shall be served in the same manner as summonses for witnesses in criminal cases issued on behalf of the commonwealth, and all provisions of law relative to summonses issued in such cases shall apply to summonses issued under this act, so far as they are applicable. Such witnesses shall, before testifying, be sworn by the attorney-general or by an assistant designated by him.

Section 2. Any justice of the supreme judicial court or of the superior court may, upon application of the attorney-general, compel the attendance of witnesses and the giving of testimony before the attorney-general in the same manner and to the same extent as before said courts.

Section 3. The provisions of this act shall be and continue in force only so long as the present state of war exists. [Approved May 25, 1917.

•Note. — For other provisions relating to food products, see "The Commonwealth Defence Act", sections 6-9, pages 15, 16; and section 23, page 19.

IV. WAR INSURANCE. 1. Rates of Insurance for Soldiers and Sailors.

General Acts, Chaptee 210.

An Act relating to the extra charge that may be made by life insurance companies in case the insured enters military or naval service in time of war.

The first paragraph of section sixty-six of chapter five hundred and seventy-six of the acts of the year nineteen hundred and seven is hereby amended by adding at the end thereof the following: — Nothing herein relating to the consideration for the policy shall apply to any extra compensation which may be criarged by a company to the insured for engaging in military or naval service in time of war, — so that said first paragraph will read as follows: — Section 66. All corporations, associations, partnerships or individuals doing business in this commonwealth under any charter, compact, agreement or statute of this or any other state, involving the payment of money or other thing of value to families or representatives of policy and certificate holders or members, conditioned upon the continuance or cessation of human life, or involving an insurance, guaranty, contract or pledge for the payment of endowments or annuities, shall be deemed to be life insurance companies, and shall not make any such insurance, guaranty, contract or pledge in this commonwealth, or to or with any citizen or resident thereof, which does not distinctly state the amount of benefits payable, the manner of payment and the consideration therefor, nor any such insurance, guaranty, contract or pledge, the performance of which is contingent upon the payment of assessments made upon survivors. Nothing herein relating to the consideration for the policy shall apply to any extra compensation which may be charged by a company to the insured for engaging in military or naval service in time of war. [Approved May 1, 1917.

2. Insurance of Property against War Risks.

An Act to extend the powers of fire insurance companies.

Section 1. The first clause of section thirty- two of chapter five hundred and seventy-six of the acts of the year nineteen hundred and seven, as amended by chapter five hundred and nine of the acts of the year nineteen hundred and eight, by chapter four hundred and ninety-nine of the acts of the year nineteen hundred and ten, and by chapter one hundred and seventy-four of the acts of the year nineteen hundred and thirteen, is hereby further amended by inserting after the word "land", in the sixth line, the word: — earthquake, — and by inserting after the word "bombardment", in the same line, the words: — invasion, foreign enemies, insurrection, riot, civil war or commotion, military or usurped power, — so that said clause as amended will read as follows: —

First, To insure upon the stock or mutual plan against loss or damage to property and loss of use and occupancy by fire; explosion, fire ensuing; explosion, no fire ensuing, except explosion of steam boilers and fly-wheels; lightning, hail or tempest on land; earthquake; bombardment; invasion, foreign enemies, insurrection, riot, civil war or commotion, military or usurped power; a rising of the waters of the ocean or its tributaries, or by any two or more of said causes.

Section 2. A company insuring property in this commonwealth against loss or damage from explosion, except explosion of steam boilers and fly-wheels; bombardment; invasion, foreign enemies, insurrection, riot, civil war or commotion, military or usurped power, or any one or more of them, shall file with the insurance commissioner the forms of the policies or riders employed in such insurance in this commonwealth.

Section 3. This act shall take effect upon its passage. [Approved May 11, 1917.

V. THE FLAG.

1. Publication of Information concerning the Flag.

An Act authorizing the publication of information concerning THE NATIONAL FLAG, THE FLAG OF THE COMMON- WEALTH AND SIMILAR MATTERS.

Be it enacted, etc., as folloivs:

Section 1. The secretary of the commonwealth is hereby authorized to publish in pamphlet form information concerning the national flag, its history and anniversaries, a calendar of American history, the seal, coat-of-a'rms and flag of the commonwealth, the statutes of the commonwealth and of the United States relating to the national flag and the state flag, and such other material likely to promote patriotism as he may deem advisable. Ten thousand copies shall be printed and such further editions as may become necessary: provided, however, that the whole amount expended for this purpose in the year nineteen hundred and seventeen shall not exceed one thousand dollars. The governor, lieutenant governor, councillors, senators and representatives shall be entitled to receive ten copies each, the remainder to be distributed to the public in the discretion of the secretary.

Section 2. This act shall take effect upon its passage. [Approved April 16, 1917.

2. Penalties for Misuse of the Flag.

An Act relative to the penalty for misuse of the flag of the united states and of the commonwealth.

Section five of chapter two hundred and six of the Revised Laws, as amended by chapter four hundred and sixty-four and section one of chapter six hundred and four of the acts of the year nineteen hundred and thirteen, and by chapter five hundred and seventy of the acts of the year nineteen hundred and fourteen, is hereby further amended by inserting after the word "dollars", in the fourteenth line, the words: — , or by imprisonment for not more than one year, or by both such fine and imprisonment, — so as to read as follows : — Section 5. Whoever publicly mutilates, tramples upon, defaces or treats contemptuously the flag of the United States or of Massachusetts, whether such flag is public or private property, or whoever displays such flag or any representation thereof upon which are words, figures, advertisements or designs, or who shall in this commonwealth expose to public view, manufacture, sell, expose for sale, give away or have in possession for sale or to give away or for use for any purpose, any article or substance, being an article of merchandise or a receptacle of merchandise or articles upon which shall be attached through a wrapping or otherwise, engraved or printed in any manner, a representation of the United States flag, shall be punished by a fine of not less than ten nor more than one hundred dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment; but a flag which belongs to a grand army post, to a camp of the legion of Spanish war veterans or which is the property of or is used in the service of the United States or of this commonwealth may have the names of battles and the name and number of the organization to which such flag belongs inscribed thereon. Words, figures, advertisements or designs attached to, or directly or indirectly connected with, the flag or any representation thereof in such manner that the flag or its representation is used to attract attention to or advertise such words, figures, advertisements or designs, shall for the purposes of this act be deemed to be upon the flag. Trial justices shall have jurisdiction of violations of the provisions of this section. [Approved May 18, 1917.

3. Use of the Flag.

An Act kelative to the use of the flag of the united

STATES.

Section 1. Section five of chapter two hundred arid six of the Revised Laws, as amended by chapters four hundred and sixty-four and six hundred and four of the acts of the year nineteen hundred and thirteen, by chapter five hundred and seventy of the acts of the year nineteen hundred and fourteen, and by chapter two hundred and sixty-five of the General Acts of the year nineteen hundred and seventeen, shall not be construed to apply to any newspaper, periodical, book, pamphlet, certificate, diploma, warrant, or commission of appointment to office, ornamental picture, article of jewelry, or stationery for use in correspondence, on which is printed, painted, or placed the flag of the United States of America not connected with any advertisement, and not used for advertising purposes.

Section 2. This act shall take effect upon its passage. [Approved May 2 J,, 1917.

4. " The Star Spangled Banner."

An Act relative to the manner of rendering the "star spangled banner."

Section 1. It shall be unlawful in this commonwealth to play, sing or render the "Star Spangled Banner" in any public place, theatre, motion-picture hall, restaurant or cafe, or at any public entertainment, other than as a whole and separate composition or number, without embellishment or addition in the way of national or other melodies, or to play, sing or render the

"Star Spangled Banner", or any part thereof as dance music, as an exit march or as part of a medley of any kind.

Section 2. Any violation of this act shall be punished by a fine of not more than one hundred dollars. [Approved May 25, 1917.

VI. FEDERAL RELATIONS. 1. Exemption of United States Bonds from Taxation.

An Act to exempt from taxation savings deposits when invested in bonds or certificates of indebtedness of the united states.

Section 1. Deposits in savings banks, including such savings banks as are called institutions for savings, deposits in the savings departments of trust companies, and also deposits in the Massachusetts Hospital Life Insurance Company, shall be exempt from taxation when invested in bonds or certificates of indebtedness of the United States of America.

Section 2. This act shall take effect upon its passage. [Approved May 16, 1917.

Note. — Funds of other corporations and individuals so invested were previously exempt from taxation.

2. Cession of Little Hog and Calf Islands.

An Act granting the consent of the commonwealth to the acquisition by the united states of little hog and calf islands in boston harbor.

Section 1. The consent of the commonwealth of Massachusetts is hereby granted to the United States of America to acquire by purchase or condemnation Little Hog and Calf islands in Boston harbor, the same to be used for the purposes of national defense.

Section 2. Jurisdiction over the said islands is hereby granted and ceded to the United States, but upon the express condition that this commonwealth shall retain a concurrent jurisdiction with the United States, in and over the islands so acquired, in so far that all civil processes, and such criminal processes as may issue under the authority of this commonwealth against any person or persons charged with crimes committed without the said islands, may be executed thereon in the same manner as though this consent and cession had not been granted. [Approved May 25, 1917.

Note. — For authority given the Governor to co-operate with the Federal authorities, and with Governors of other States, see "The Commonwealth Defence Act," section 11, page 17.

VII. FINANCIAL MEASURES. 1. First $1,000,000 Appropriation.

Special Acts, Chapter 202.

An Act making an appropriation to defray certain military, NAVAL AND OTHER EMERGENCY EXPENSES.

Section 1. The sum of one million dollars is hereby appropriated, to be paid out of the treasury of the commonwealth from the ordinary revenue, to be expended under the direction of the governor as commander-in-chief, subject to the approval of the council, in defraying the military, naval, and other expenses which the emergency arising out of existing conditions, and the exigencies of possible war, may in his judgment render requisite and proper.

Section 2. This act shall take effect upon its passage. [Approved March 19, 1917.

2. Entertainment of French Mission.

Resolves, Chapter 86.

Resolve providing for the entertainment of the French mission to the united states.

' Resolved, That there be allowed and paid out of the treasury of the commonwealth a sum not exceeding seven thousand dollars, to be expended by the governor for the proper entertainment of the French Mission to the United States which will visit Boston some time during the present week, and for the expenses of such companies of the national guard as the governor may deem proper to call out for parade during their visit. [Approved May 10, 1917.

3. Payment of Certain Emergency Expenses.

Resolves, Chapter 101.

Resolve providing for the payment of certain emergency expenses in preparing for the exigencies of anticipated war.

Resolved, That certain expenses, to an amount not exceeding six thousand dollars, incurred prior to March nineteenth, nineteen hundred and seventeen, under the direction of the governor as commander-in-chief, in preparation for the exigencies of anticipated war, may, with the approval of the executive council, be paid and charged to the appropriation provided by chapter two hundred and two of the Special Acts of the present year. [Approved May 16, 1917.

4. Second $1,000,000 Appropriation.

An Act authorizing the governor to incur emergency expenses incident to the existing state of war.

Section 1. The governor with the consent of the council is hereby authorized to incur expenses not exceeding one million dollars to meet any emergency which may arise during the recess of the general court by reason of the exigencies of the existing state of war.

Section 2. For the purpose of defraying the said expenses, the treasurer and receiver general is hereby authorized, with the approval of the governor and council, to issue, in behalf of the commonwealth and under its seal, bonds or certificates of indebtedness, either registered or with interest coupons attached, to an amount not exceeding one million dollars, for a term not exceeding ten years. Such bonds or certificates of indebtedness shall bear interest at a rate not exceeding four and one half per cent per annum, payable semi-annually. They shall be designated on their face, Massachusetts Emergency War Loan, Act of 1917, shall be countersigned by the governor and shall be deemed a pledge of the faith and credit of the commonwealth ; and the principal and interest thereof shall be paid at the time specified therein, in gold coin of the United States or its equivalent. The said bonds or certificates of indebtedness shall be issued upon the serial payment plan, in accordance with the provisions of chapter three of the acts of the year nineteen hundred and twelve.

Section 3. This act shall take effect upon its passage. [Approved May 25, 1917.

5. Appropriation for State Guard.

An Act to provide for expenses of the state guard,

so-called.

Section 1. The governor as commander-in-chief is hereby authorized to incur expenses, not exceeding two hundred and fifty thousand dollars for the maintenance of the state guard, so-called, when said guard is called for active duty.

Section 2. For the purpose of defraying the expenses which may be incurred in carrying out the provisions of this act, the treasurer and receiver general is hereby authorized, with the approval of the governor and council, to issue, in behalf of the commonwealth and under its seal, bonds or certificates of indebtedness, either registered or with interest coupons attached, to an amount not exceeding two hundred and fifty thousand dollars, for a term not exceeding ten years. Such bonds or certificates of indebtedness shall bear interest at a rate not exceeding four and one half per cent per annum, payable semi-annually. They shall be designated on their face Massachusetts Emergency War Loan, Act of 1917, shall be countersigned by the governor and shall be deemed a pledge of the faith and credit of the commonwealth; and the principal and interest thereof shall be paid at the time specified therein, in gold coin of the United States or its equivalent. The said bonds or certificates of indebtedness shall be issued upon the serial payment plan, in accordance with the provisions of chapter three of the acts of the year nineteen hundred and twelve.

Section 3. This act shall take effect upon its passage. [Approved May 25, 1917.

Note. — The "State Guard" referred to in this act is the same body authorized by General Acts, chapter 148, page 24, and there called the "Home Guard." The reason for the apparent discrepancy in titles is that, subsequent to the passage of chapter 148, there sprang up all over the State companies of men who were able and willing to organize for military service in the locality of their residence, but who, for various reasons, could not subject themselves to be sent anywhere in the State; and whose commissions and authority were therefore local and municipal only. Such organizations soon came to be known as the "Home Guard," and volunteers who were willing to serve anywhere within the State limits were called the "State Guard," in contra-distinction.

6. Appropriation for Expenses Incident to the Establishment of Military Camps.

Special Acts, Chapter 369.

An Act making appropriations for expenses incident to the mobilization of troops in camps within the commonwealth.

Section 1. The sums hereinafter mentioned are hereby appropriated, to be paid out of the treasury of the commonwealth from the ordinary revenue, for the following purposes:

For the protection of health, and the prevention of the spread of disease caused by the mobilization of troops in military camps, a sum not exceeding twenty thousand dollars, to be expended by the commissioner of health, with the approval of the governor and council.

For the services and expenses of temporary detectives and police to be appointed by the governor and to act in conjunction with agents of the United States government in this commonwealth in preventing the evils incident to the mobilization of troops in military camps, a sum not exceeding ten thousand dollars, to be expended by the governor with the advice and consent of the council.

Section 2. This act shall take effect upon its. passage. [Approved May 25, 1917.

Note. — The immediate occasion for the passage of this act, which was recommended by the Governor in a special message, was the announcement by the Federal government that it proposed to establish a cantonment for the selective draft army in the town of Ayer.

020 934 387 3 •