voters of town conviction of any one of the above wilful or wanton acts shall be punished by a fine of not more than three hundred dollars or by imprisonment for not more than one year. SECTION 10. This act shall take effect upon its accept- Submission to ance by a majority of the voters of the town of Wilbraham of Wilbraham, present and voting thereon at a town meeting called for the etc. purpose within three years after its passage; but the number of meetings so called in any year shall not exceed three; and for the purpose only of being submitted to the voters of said town as aforesaid this act shall take effect upon its passage. Approved April 30, 1926. AN ACT RELATIVE TO THE EFFECTIVE DATES OF CERTAIN Chap.296 preamble. Whereas, The deferred operation of this act would wholly Emergency defeat its purpose, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience. Be it enacted, etc., as follows: of certain laws functions of Chapters one hundred and ninety-two, one hundred and Effective dates ninety-three, two hundred and three, two hundred and enacted at twenty-seven, two hundred and twenty-eight, two hundred current session of general and thirty, two hundred and forty-five, two hundred and court affecting fifty-three, two hundred and sixty-six, two hundred and courts. sixty-seven and two hundred and seventy-one of the acts of the current year shall not take effect until the first day of September in the current year. Approved April 30, 1926. AN ACT ESTABLISHING A FINANCE COMMISSION FOR THE CITY OF LOWELL. Be it enacted, etc., as follows: Chap.297 mission for by governor, etc. SECTION 1. Within sixty days after the effective date of Finance comthis act, the governor, with the advice and consent of the city of Lowell, council, shall appoint a finance commission for the city of appointment Lowell to consist of three persons, registered voters in said membership, city, who shall have been such for at least five years prior to the date of their appointment, hereinafter called the commission. Vacancies in the commission shall be filled for Vacancies. the unexpired term by the governor, with the advice and consent of the council. The members of the commission Removals. may be removed by the governor with the advice and consent of the council for such cause as he shall deem sufficient. The chairman shall be designated by the governor and shall Chairman, receive an annual salary of three thousand dollars, which shall be paid in monthly instalments by said city. The Salaries of other members of said commission shall receive an annual other members. salary of. Quarters in city hall. Departments, etc., to submit requests for Commission to gets, etc. salary of five hundred dollars each, payable in monthly instalments by said city. The commission shall be furnished by said city with suitable quarters in its city hall. SECTION 2. The various departments and officers of the city shall submit in detail to the commission on its request appropriations. all requests for appropriations. The commission shall, after Inake up bud- investigation, make up in conformity to law the annual and supplementary budgets of said city which shall be submitted to the mayor in season to be submitted by him to the city council as required by the charter of said city. The reduce budget mayor may increase or reduce any item included therein giving his reasons in writing therefor and he shall submit the same to the city council which may reduce but not increase any item included therein. Mayor may increase or items. City council may reduce budget items. Commission to investigate and report as to loans, ex SECTION 3. It shall be the duty of the commission from time to time to investigate any and all matters relating to appropriations, appropriations, loans, expenditures, accounts and methods penditures, etc. of administration affecting said city, or any department, board or officer thereof, that may appear to the commission to require investigation, and to report thereon from time to time to the mayor, the city council, the governor or the Annual report general court. The commission shall make an annual report in January of each year to the general court. to general court. Commission may investigate pay rolls, bills, etc., before payment, etc. SECTION 4. Any pay roll, bill or other claim against the city shall, on request in writing of the commission filed with the city auditor, be referred by the said auditor to the commission before being presented to the city treasurer for payment. The commission shall immediately investigate the same and report thereon, and pending such report payment shall be withheld. The commission shall have like power disapprove pay to disapprove any pay roll, bill or claim against the city as city auditors have under section fifty-two of chapter fortyone of the General Laws. Power to rolls, etc. Commission may employ and other assistants, etc. SECTION 5. The commission is authorized to employ such experts, counsel experts, counsel, and other assistants, and to incur such other expenses as it may deem necessary, and the same shall be paid by said city upon requisition by the commission, not exceeding in the aggregate in any year the sum of ten thousand dollars, or such additional sums as may be appropriated for the purpose by the city council, and approved by the mayor. A sum sufficient to cover the salaries of the members of the commission and the further sum of at least ten thousand dollars to meet the expenses as aforesaid shall be appropriated each year by said city. The commission shall have the same right to incur expenses in anticipation of appropriation. its appropriation as if it were a regular department of said Annual appropriation. Incurring of expenses in anticipation of Commission may require testimony of city. SECTION 6. For the purpose of enabling the said comattendance and mission to perform the duties and carry out the objects. herein contemplated, and to enable the mayor, the city council, the governor or the general court to receive the reports and findings of said commission as a basis for such laws, ordinances, or administrative orders as may be deemed witnesses, pro4 duction of books, papers, etc. summoning, counsel, etc. meet, the commission shall have power to require the attendance and testimony of witnesses and the production of all books, papers, contracts and documents relating to any matter within the scope of any investigation authorized by this act, or which may be material in the performance of the duties imposed by this act. Such witnesses shall be Witnesses, summoned in the same manner and be paid the same fees manner of as witnesses before district courts. Each of such witnesses fees, representation by may be represented by counsel who may cross examine the witness for whom he appears for hot more than ten minutes during his examination. Counsel for any witness at any public hearing may ask him any pertinent question and may offer pertinent evidence through other witnesses subject to cross examination by the commission and its counsel. The Commissioners chairman or any member of the commission may administer may administer oaths to or take the affirmation of witnesses who appear before the commission. The commission may prescribe Rules and reasonable rules and regulations for the conduct of hearings hearings, etc. and the giving of testimony. oaths, etc. regulations for requiring per before com etc. SECTION 7. If any person so summoned and paid shall Court order refuse to attend, or to be sworn, or to affirm, or to answer sons to appear any question, or to produce any book, contract, document mission, to proor paper pertinent to the matter of inquiry in consideration duce books, before the commission, a justice of the supreme judicial court or of the superior court, in his discretion, upon application by the commission or any member thereof, authorized thereto by vote of said commission, may issue an order requiring such person to appear before the commission, and to produce his books, contracts, documents and papers and to give evidence touching the matter in question. Any failure to Contempt of obey such order of the court may be punished by such court. court as a contempt thereof. moned, etc., attend, etc. SECTION 8. Any person so summoned and paid who Penalty for shall refuse to attend, or to be sworn, or to affirm, or to persons sumanswer any question, or to produce any book, contract, refusing to document or paper pertinent to the matter in consideration by the commission, and any person who wilfully interrupts or disturbs, or is disorderly at, any hearing of the commission shall be punished by a fine not exceeding fifty dollars, or by imprisonment for not more than thirty days, or by both such fine and imprisonment. issue commis persons with SECTION 9. Upon application by the commission to any Court may justice of the supreme judicial court, or of the superior court, sions for the said justice may issue a commission to one or more com- examination of petent persons in another state for the examination of a out commonperson without this commonwealth relative to any matter wealth, etc. within the scope of the said investigation or of this act. The testimony of such person may be taken by open com- Procedure for mission, or otherwise under the procedure, so far as the taking testisame may be applicable, provided by section forty-two of persons. chapter two hundred and thirty-three of the General Laws, and the said justice may issue letters rogatory in support of said commission. mony of such Persons not compelled to give self-incriminating testimony, etc. Budget and auditing commission of Lowell abolished. Act, when to take effect and duration. SECTION 10. Nothing in this act shall be construed to compel any person to give any testimony or to produce any evidence, documentary or otherwise, which may tend to incriminate him. SECTION 11. The budget and auditing commission of said city, established under authority of section twentynine of chapter three hundred and eighty-three of the acts of nineteen hundred and twenty-one, is hereby abolished. SECTION 12. This act shall take effect upon its passage, but shall be inoperative on and after July first, nineteen hundred and thirty-one. Approved April 30, 1926. Chap.298 AN ACT PROVIDING FOR THE APPROVAL BY THE DEPARTMENT G. L. 164, new section after § 94. Approval by department of public utilities of certain contracts of elec tric companies. Proviso. OF PUBLIC UTILITIES OF CERTAIN CONTRACTS OF ELECTRIC Be it enacted, etc., as follows: Chapter one hundred and sixty-four of the General Laws is hereby amended by inserting after section ninety-four the following new section: Section 94A. No electric company shall hereafter enter into a contract for the purchase of electricity covering a period in excess of three years without the approval of the department, unless such contract contains a provision subjecting the price to be paid for electricity thereunder to review and determination by the department in any proceeding brought under section ninetythree or ninety-four; provided, that nothing herein contained shall be construed as affecting a contract for the purchase of electricity from a person or corporation engaged in manufacturing, where the manufacture, sale or distribution of electricity by such person or corporation is a minor portion of his or its business, and which contract is made in connection with a contract to supply such person or corporation with electricity. In any such proceeding the deetc., price to be partment may review and determine the price to be thereafter paid for electricity under a contract containing said provision for review. Any contract covering a period in excess of three years subject to approval as aforesaid and which is not so approved or which does not contain said provision for review shall be null and void. Department may review, paid for elec tricity, etc. Certain contracts to be null and void. Approved April 30, 1926. Chap. 299 AN ACT REQUIRING INNHOLDERS, COMMON VICTUALLERS AND G. L. 140, three new sections after § 183. Innholders, common victuallers," OTHER KEEPERS OF RESTAURANTS AND OTHER ESTABLISH- Be it enacted, etc., as follows: SECTION 1. Chapter one hundred and forty of the General Laws is hereby amended by inserting after section one hundred and eighty-three the three following new sections: Section 1834. No innholder, common victualler or person owning, managing or controlling a café, restaurant or ing certain with their licensed. exercised on To specify other eating or drinking establishment shall, as a part of his etc., conductusual business, offer to view, set up, set on foot, maintain or amusements in carry on a concert, dance, exhibition, cabaret or public show connection of any description at which food or drink or other refresh- business to be ment is sold for cash, or in connection with which, after free admission, music or other amusement is provided or furnished upon payment or deposit of money, either as a cover charge or in payment for food, drink or other refreshment, unless and until a license therefor, to be exercised on week License to be days only, has been issued by the licensing authorities, who week days only. may upon written application and upon such terms and conditions as they may prescribe, grant such a license for any or all of the purposes herein before described and may, after written notice to the licensee, suspend or, after hearing Suspension or revoke the same. Licenses granted under this section shall revocation. specify the street and number where the licensed business street and is to be carried on or give some particular description thereof, number. and shall not protect a licensee who carries on his business in another place. Such licenses, unless sooner revoked, shall, Expiration. expire on April thirtieth of each year. The fee for any such Fee. license or for any renewal thereof shall not exceed five dollars, but no fee shall be chargeable for any such license, or No fee, when. for the approval of the commissioner of public safety under section one hundred and eighty-three B, to a person who, for the period covered by such license, is also licensed under section two. Section 183B. In all towns having less than twenty- Licenses issued five hundred registered voters at the state election last pre- not to be valid ceding the date of application for a license under section one hundred and eighty-three A, no license issued on such ap- commissioner of public plication shall be valid unless and until it has been approved safety. in writing by the commissioner of public safety as in the interest of the public good and morals. Except as provided Fee for such in section one hundred and eighty-three A, every application for such approval shall be accompanied by a fee of one dollar. The commissioner may, after notice to the licensee, Suspension or suspend and after a hearing, revoke such approval, and revocation of thereupon the license shall be deemed suspended or revoked, as the case may be. Section 183C. Any person described Penalty for in section one hundred and eighty-three A who engages in such business a business required to be licensed by said section unless or for certain authorized so to do by a license in full force and effect, and violations by any holder of such a license who violates any condition thereof, shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than one year, or by both. The clerk of the court in which a Clerks of corporation engaged in such business is convicted under this courts to report section shall forthwith report such conviction to the state corporations to secretary, who shall thereupon revoke the charter of such who shall recorporation. SECTION 2. Section one hundred and eighty-two of said chapter one hundred and forty is hereby amended by adding at the end thereof the following:, or to enterprises required to be licensed under section one hundred and eighty in certain towns unless approved by approval. approval. engaging in without license licensees. convictions of state secretary voke charters. G. L. 140, § 182, amended. |