Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1871-05-11
From the State House.


agreed upon report this forenoon, and will prob
ably make report tomorrow. The committee will
recommend the adoption of the bill to establish
better system of police, which twas recommended
by the committee on engrossed bills in the senate
last year, but which was subsequently defeated
The bill is as follows:
AN ACT TO ESTABLISH BETTER SYSTEM OF POLICE
Be IL enacted 6y the Senate and House Of Represen-
tdftres, IN General Court assembled, and By du-
thoT1tg Of the same as tototcs:
Sect l. The governor, with the advice and con-
sent OF the council, shall, upon the passage of this
act, appoint three commissioners, to hold Office
one for one, year, one for two years and one for
three years from the first day of January in the
year one thousand eight hundred and seventy, and
annually after said first day of January shall ap-
point one such commissioner, who shall hold Office
for the term of three years. and whenever vacancy
occurs the governor and council shall fill the uneX
pired term.
Sect. 2. 1t shall be the duty of the said Commits
stoners to appoint constables of the Common
wealth, not exceeding one hundred, as In their
Judgment may be required to faithfully execute the
criminal laws of the commonwealth. And said
commissioners shall to 1t that these officers are
yigilant and faithful in the discharge of therduties
They shall listen to any complaint that may be
made to them against said constables as to their
maladministration or neglect Of duty, give them a
speedy hearing and continue or revoke their COM
missions, as in their judgment justice and equity
may require. They shall have power to make all
needfu rules and regulations for the proper govern
ment of the constables appointed under this
section.
Sect. 8. The compensation of said commissioners
shall be five dollars per day when employed in the
discharge oftheir duties with their actual travelling
expenses. They are hereby authorized to elect the
chief of the force appointed under section two of
this act, who shall have the command and direction
of all the canstables subject to such rules and
ders as the commissioners shall from time to time
determine, and who shall receive an annual salary
of twenty-five hundred dollars.
Sect. 4. The said constables shall have and exer-
else all the common law and statutory powers of
cOnStaDlpg. pXCpDt M vi nd
also all the powers given to police or watchmen by
the statutes of the commonwealth, and their pow
ers as constabes shall extend throughout the COM
monwealth.
Sect. s. Each of said constables shall be paid out
of the treasury of the commonwealth at the rate of
one thousand dollars per annum, together with
their actual travelling expenses, and they shall be
paid monthly. All witness fees earned and all fees
for the service of warrants, shall be paid into the
treasury of the commonwealth. The accounts OF
said constables shall be verified by their afidavits
and approved by the board of commissioners here
by appointed. The governor is hereby authorized
to draw his warrant upon the treasury for the pay
of said commissioners and constables.
Sect. 6. The said commissioners shall meet at
least once month, and oftener when in their judg
ment the public interest requires it, They shall by
the thirtyrst of December, in each year report to
the governor and council, in writing, particular
account of the dOings of the force under their
charge, for the twelve months preceding said re-
port.
Sect. T. All intoxicating liquors and other prop
erty in the cuttody of the state constable at the
into the custody of the board of commissioners by
this act created, together with written statement
of the date and place of seizure of all liquors and
vessels containing the same, the quantity and value
and the name of the owner or claimant thereof
and said commissioners shall dispose of said liquors
and other seized property according to law.
Sect. s. The governor shall have power at all
times, in any emergency, oil which he shall be the
judge, to assume command of the whole or any part
of the municipal police and constabuary force in
any place, and to authorize the commissioners here
by appointed to command their assistance in the
execution of criminal process in suppressing riots
and in preserving the peace.
Sect 9. Chapter two hundred and fortv-nine of
the acts of the year eighteen hundred and sixty
FIVE entitled act to establish state police and
all subsequent acts in relation thereto are hereby
Sect 10. So much of this act as relates to the ap-
pointment of commissioners, shall take effect upon
its passage, gnd the act shall take effect upon
the first day of July next.
The only difference in the bill as reported last
year is that the committee recommend the appoint
ment of one hundred constabes instead of sixty as
was therein provided. On this point Mr.. Fitzger-
aid, of Boston, dissens, and will report that the
number of constables be limited to forty.
petition was presented in the senate this after
noon of the Norfolk west district temperance union
relating to the sale of ale and beer, asking for
change In the law so that the sale shall be prohibited
except where authorized by vote of towns The
petition was laid on the table, and ordered to be
printed.
A communication was received from the gov
ernor, transmitting copies of the reports of james
Laurie, late consulting engineer on the Hoosac tun-
mel, and it also laid on the table, and ordered to
be printed.
An order was adopted, on motion of Mr.. Barthol-
omew, of Worcester, that the committee on the
Judiciary be instructed to inquire into the exped
ency of preventing by law any justice of any mu-
nicpal police district court from practcing law
in any courts of the commonwealth.
Mr.. Thayer of Worcester introduced on leave q
bill to authorize the city of Worcester to establish
city hospital The bill was received under a sus-
pension of the 18th Joint rule and was referred to
the committee on the judiciary. The bill provides
T.,
for the reception of persons who, by misfortune
poverty may require relief during temporary sick
ness. Also, that the city council of Worcester shall
have the power to make such ordinances, rules and
regulations as they may deem expedient for the
appointment of trustees and other officers, &C., for
the management of the hospital.
The committee on the judiciary reported that the
bill, in addition to an act to incorporate the town
OF Aver, ought to pass.
In the orders of the day in the senate the motion
to reconsider the vote whereby the bill in relation
to divorce was passed to be engrossed was lost.
The resolve requiring further revision of the laws
relating to attendance upon public schools was or
dered to be engrossed.
The resolve relative to cheap railway traffic. spe-
cially assigned, was taken up. Mr. Clark of Frank
lin offered as substitute, bill to incorporate the
Boston and Albany trust company, which he adyo-
Gated as public demand and which would prove
to be popular measure.
Messrs. Bird of Norfolk and Howe of Middlesex
of the committee, commended the policy which was
contemplated, but in view of the difficulties to be
encountered, they were not prepared to take any
mittee The substitute was rejected by vote of ID
to II. On motion of Mr. Frost of Suffolk, there
port was recommitted to the committee, with in
structions to report bill requiring one or more
railroad corporations to trains of passengers at
uniform rate of two cents mile.
The bill to regulate the hours of labor in manuac-
turing establishments and the resolve in relation to
the traffic across Charles river and Fort Point chan
mel, were passed over.
The committee on the judiciary reported bill in
the house authorizing the appointment of clerk
for the district court of southern Berkshire.
The bill offered by Mr. Baker, of Beverly relating
to the calling of convention of delegates of the
people, for the purpose of revising the constitution
as substitute for the report of the committee in
expedient on the same, was advocated by Messrs.
Boston, and Kellogg of Pittsfeld, and was then
substituted by vote of 102 to "a. The bill provides
that the inhabitants of the state qualified to vote
for senators and representatives in te general court
shall, on the Tuesday succeeding the frst Monday
in November next, vote the question, "Is il ex-
pedient that delegates should be chosen to meet in
convention for the purpose of revising or altering
the constitution Of government of this common
WEALTH." If majority of the voters shall vote
therefor the governor shall call upon the people to
elect delegates to meet in convention to be held at
the state house, the last Wednesday in May 1872
The minority report, prepared by Eizur Wright,
and Dill TO Xix the surrender value of policies of life
insurance, submitted by Mr. Newell Of Boston, as a
substitute for the report of the committee on insur
ance. iuexpedient, on an order to inquire whether
any further legislation is necessary for the proec-
ton OF policy holders in life insurance companies,
was substituted by vote of So to Al. The bill pro-
vides that under any policy of insurance on life
issued after the tenth day of june in the year 1871
by any company chartered by the authority of this
commonwealth, the holder thereof on any ami.
versary of the issue, shall be entitled to claim and
recover of the company, any stipulation or condi-
ton of forfeiture contained in the policy or else
where to the contrary Notwithstanding a sur
render value to be determined as the bill sets forth
The net value of the policy at the said anniversary
the premium, if any is then due not being paid
shall be ascertained according to the combined ex
perience or actuaries' rates of mortality with in
terest at four per cent per annum and for such
value shall be deducted and cancelled any
indebtedness to the company, or notes held
by the company against the insured, and
a surrender charge to compensate ii for
reinquishing the obligations of the policy to con-
tribute towards the payment of future claims arising
under other policies. The bill also provides that no
surrender value under the act shall be valid unless
made within two years after the policy has ceased
to be in force and also provides that chapter 1856 of
the acts of the year 1861 shall not apply to any pol
icy after the tenth of June, 1871.
The bill in addition to acts for the improvement
OF the harbor of Boston, and the commonwealth
mats therein, was discussed in the house, and
amended by striking out ali after the tenth line in
the second section, and then ordered to third
reading The bill it stands authorizes the fore
closure Of the mortgage given by the Boston, Hart.
ford and Erie railroad of the fats in the harbor.
In the house the following bills were ordered to
FC IN m nIats