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duties as shall be prescribed by order of the commander-inchief, and all members of the home guard shall have and exercise throughout the commonwealth all the powers of constables, police officers and watchmen, except the service of civil process."

Acting under the authority given to him by Gen. St. 1917, c. 148, § 2, the Commander-in-Chief, on Aug. 20, 1917, prescribed that so far as not inconsistent with chapter 148, the State Guard shall be organized, maintained, officered, armed and equipped in the same manner as the National Guard under Gen. St. 1917, c. 327. This was merely a convenient method of carrying out the provisions of section 2 of chapter 148.

By the same general order the Commander-in-Chief also directed all officers of the State Guard "to execute any and all lawful commands issued to them by the proper persons mentioned in sections 25 to 34, both inclusive, chapter 327, General Acts of 1917." These sections provide for the calling out of the Volunteer Militia by the Commander-in-Chief or a brigade commander in case of actual or threatened invasion or insurrection, or, in case of riot or public catastrophe, by certain local civil officers. The Governor has thus, under the general authority granted to him by chapter 148, prescribed that the State Guard shall perform the duties which ordinarily devolve upon the Volunteer Militia under those sections. So far as I am informed this is the only duty as yet assigned to this force, but it is at any time subject to be called to active service within the Commonwealth and assigned to perform such emergency duties therein as the Commander-in-Chief shall by general or special order direct.

The status of the State Guard being as above determined, the various questions which have arisen as to the scope of its duties and the manner of its organization and maintenance may readily be answered. Particularly is this so as to the use of appropriations. The appropriations made by Spec. St. 1917, c. 292, are declared to be "for salaries and expenses in the department of the adjutant general, and for certain allowances and expenses of the land and naval forces." Its items cover the annual appropriations ordinarily made for the Volunteer Militia. In large part it covers various annual allowances established by law for that militia. (St. 1908, c. 604, §§ 173 and 177, as amended by Gen. St. 1917, c. 105.) The term. "land and naval forces" used in this appropriation statute

is plainly used to describe the land forces and the naval forces as defined in the codification of the military laws shortly after enacted by the same General Court. (See Gen. St. 1917, c. 327, §§ 78 and 194.) These definitions do not include the State Guard, and, as already pointed out, this codification does not purport to deal with that organization. Furthermore, definite special provisions have been made for financing it. By St. 1917, c. 148, § 6, the Governor was authorized to expend the sum of $200,000 for its organization. By Gen. St. 1917, c. 331, he was 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," the amount thus expended to be raised by a loan. These two statutes fully cover the matter; the former providing for the expense of organizing and equipping the State Guard, and the latter for its maintenance when and if called for active duty. If either or both of the amounts thus authorized prove inadequate, the Governor, with the consent of the Council, may unquestionably apply to such purpose any part of the second war emergency appropriation of $1,000,000 authorized by Gen. St. 1917, c. 324.

Accordingly, answering your specific question, in my opinion no part of the appropriations made by Spec. St. 1917, c. 292, for the land and naval forces of the Commonwealth may be used in organizing, maintaining and training the State Guard. Yours very truly,

HENRY C. ATTWILL, Attorney-General.

War Service Employees of Commonwealth-Amount paid by Commonwealth to those entering Military or Naval Service of the United States.

The so-called family allowance granted to enlisted men in the military or naval forces of the United States by Act of Congress approved Oct. 6, 1917, is to be regarded as part of the compensation received by such men from the United States, for the purpose of computing the amount which an employee of the Commonwealth is entitled to receive from this Commonwealth under the provisions of Gen. St. 1917, c. 301.

DEC. 4, 1917.

Hon. ALONZO B. Cook, Auditor of the Commonwealth. DEAR SIR: You have requested my opinion as to whether the so-called family allowance granted to enlisted men in the

military and naval forces of the United States by sections 204 to 210, inclusive, of an Act of Congress approved Oct. 6, 1917, is to be regarded as a part of the compensation received by such men from the United States in administering the provisions of Gen. St. 1917, c. 301.

This family allowance is an amount not exceeding $50 a month which is paid, upon application and subject to certain restrictions, to the wife and children of all enlisted men in the military and naval forces of the United States and to certain other relatives who are shown to be in whole or in part dependent upon them. It is a payment made on account of the enlisted man because of the services which he is rendering in the performance of his duty, for the purpose of enabling him the better to perform his legal and moral obligations with reference to the support of his family. This payment ceases upon the death of an enlisted man in the service or one month after his discharge from the service.

Though the matter is not entirely free from doubt, it seems to me, on the whole, that this payment may and fairly ought to be regarded as a part of "the compensation received by him from the United States," within the meaning of Gen. St, 1917, c. 301, 1. The allowance paid relieves him, to the extent thereof, of an obligation that he otherwise would have to assume. The members of Class A of the Federal act, for whom allowances are made, are those whom a man ordinarily is bound by law to support, while the allowances to the members of Class B under the act are to be granted only if and while the member is dependent in whole or in part on the enlisted man, and then only if and while the enlisted man makes a voluntary allotment of his pay for said member. Thus, the benefit of the payment accrues to the enlisted man fully as much as if paid to him directly and by him used to discharge obligations imposed on him by law or voluntarily assumed. Any other interpretation would place an employee of the Commonwealth mustered into the military or naval service of the United States, and his family, in a better financial position than if he had not enlisted. It would result in their having the benefit of an amount equivalent to the full salary which he was receiving from the Commonwealth at the time of his enlistment and in addition the amount of this family allowance paid by the United States. I cannot believe that it was the intention of the General Court that such a result should

follow from the enactment of this statute. It rather was its purpose to place an employee of the Commonwealth enlisting in the military or naval service in the same financial position that he would have been in if he had not so enlisted. In my opinion, the statute should be so interpreted as to carry out this purpose, and not, unless absolutely necessary, to place the employee in a better position financially than he was in before enlistment.

Yours very truly,

HENRY C. ATTWILL, Attorney-General.

INDEX TO OPINIONS.

Assessors, board of; in towns; vacancy; how filled,

Power of mayor of a city to act as member of,
Assistant city clerk; power to act as member of board of registrars of
voters,

Attorney-General; powers with reference to investigation and prosecution

of all cases in which the Commonwealth is a party, .
Banks; formation of State banks under R. L., c. 115,
Boiler Rules, Board of; authority to permit installation of steam boilers
which do not conform to rules,

Cities and towns; hospitals for consumptives; State subsidy,

Right to insure liability under Workmen's Compensation Act,
Club charter; revocation by Secretary of the Commonwealth,
Commonwealth Flats; authority of Commission on Waterways and
Public Lands to authorize lessee of portion thereof to keep or sell
gasoline,

Constitutional Convention; incompatibility of offices,

Oath of office by delegates,

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Constitutional law; compulsory Workmen's Compensation Act; right

PAGE
44

27

60

109

129

30

68

128

122

18

87

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Effect of unconstitutionality of part of statute upon remaining parts,
Exemption of farmers or agriculturists from general anti-trust act;

equal protection of the laws, .

Licensing of milk contractors; equal protection of the laws,

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Offices incompatible with the position of delegate to the Constitutional

Convention,

18

Power of General Court to provide for investigation of office of dis-
trict attorney,

24

Validity of statute denying to stockholders in a corporation the right
to participate in issue of new stock,

Whether members of the Constitutional Convention are required to
take oath of office,

Corporations; right of stockholders to participate in issue of new stock,
County commissioner; vacancy; effect of death of person elected who
died before qualifying,

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Fire Prevention Commissioner; control over cities and towns in metro:
politan district,

Fireworks and firecrackers; authority to prohibit sale and use of,
Hawker and pedler; license; sales of goods by sample for future delivery,
Sales made by the Massachusetts Commission for the Blind; license,

Farming utensils; whether utensils used in making maple sugar are ex-
empted from taxation as such,

District attorney, office of; power of General Court to investigate, .
Elections; corrupt practices act; promise by candidate to donate his

Credit unions; powers of; security required for loans; loan to person not

8

33

24

143

41

46

66

57

119

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