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VOLUNTARY ASSOCIATIONS.

By the provisions of section 148 of chapter 742 of the Acts of 1914, "Trustees of a voluntary association under a written instrument or declaration of trust the beneficial interest under which is divided into transferable certificates of participation or shares, who own or control a majority of the capital stock of a gas or electric company, . . . shall annually on or before the first day of April file . . . with the board a statement showing the number of shares of such company owned or controlled by

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them and the stockholders of record on the books of such company in whose name such shares are held." Under this act statements were filed with this Board by the trustees of the following-named voluntary associations, viz.:

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RECOMMENDATIONS FOR LEGISLATION.

In enacting the codification of the gas and electric laws (chapter 742 of the Acts of 1914) such pending measures as the committee had reported upon favorably were included. One of these measures was that of substituting the Board for the special commission to determine what property ought to have been included, and the value thereof, in the conveyance made by a company to a municipality which has voted to acquire a lighting plant. The proper changes in phraseology to accomplish this result were embodied in section 101 of the chapter, but in section 100 the word "commissioners," wherever it occurred, was not changed to "board," in harmony with the purpose of this amendment of the existing law. While this oversight would not probably raise any serious question as to the proper interpretation of the two sections in question, yet it seems desirable that their phraseology should be made consistent in form, as well as in substance. In section 148 there is a similar oversight. This section was not made to include the amendment of section 1 of chapter 441 of the Acts of 1909 enacted in chapter 471 of the Acts of 1914. The Board recommends that both sections 100 and 148 be amended in conformity with these suggestions, and submits herewith for this purpose the accompanying bill, marked "A."

Chapter 787 of the Acts of 1914, providing for the supervision of water companies by this Board, was introduced early in the session, but was passed subsequent to the enactment of the codification of the gas and electric laws. In its section 5 the provisions of a large number of the sections of the codification of the gas and electric laws were extended so as to include and apply to water companies. Among these provisions are those relating to the issue of stock and bonds. In its sections 6 and 7, sections 24 and 26 of chapter 109 of the Revised Laws were amended so as to bring water companies within the jurisdiction of this Board in respect to the issue of stock and bonds, and in its section 8, chapter 477 of the Acts of 1908, as amended by chapter 374 of the Acts of 1910, was amended for a similar purpose. In its section 12 the sections

of chapter 109 of the Revised Laws, referred to above, were included in certain provisions of law repealed. In view of the incorporation in section 5 of the provisions of the codification of the gas and electric laws relating to the same matters, sections 6, 7 and 8 are in a measure inconsistent and, in any event, unnecessary.

Again, chapter 660 of the Acts of 1913 provides that the State Department of Health shall furnish to the Commissioner of Corporations certain assistance in matters relating to the issue of stock and bonds by water companies, and in the second section it provides that water companies shall make an annual return to the Commissioner of Corporations in the month of January of each year for the preceding calendar year. By section 5, chapter 787 of the Acts of 1914, the powers heretofore exercised by the Commissioner of Corporations with respect to the issue of stock and bonds by water companies have, as already described, been transferred to this Board, and water companies are required to make an annual return to this Board similar to that provided in section 2 of chapter 660 of the Acts of 1913, but for the year ending on the thirtieth day of June. In order to make these provisions consistent this Board should be given the power vested in the Commissioner of Corporations by section 1 of chapter 660 of the Acts of 1913, and sections 2 and 3 of that act should be repealed. To carry out these various recommendations respecting water companies the Board submits the accompanying bill marked "B."

Chapter 651 of the Acts of 1910, on the abatement of smoke in the city of Boston and vicinity prohibits the emission of smoke of a degree of darkness or density equal to No. 3 of the Ringelmann Chart or greater by the stacks of steam locomotives, "for more than twenty seconds in any one period of five minutes," with the proviso that stacks of locomotives "in and about round houses, may emit smoke for thirty minutes during the period when the fire is being built, or rebuilt after cleaning." There has been considerable complaint, and the Board has held one largely attended hearing, with respect to the emission of large volumes of smoke by locomotives standing in and about the roundhouses of one of the railroads in a crowded part of the city. Owing to the liberality of the provision relat

ing to the emission of smoke in and about roundhouses, already quoted, no violations of the law have been observed, although a large number of observations have been made. In fact, a violation of the law has not even been approached, except in one instance, while the smoke was under observation. In the opinion of the inspectors, after three years of careful inspection and co-operation by the employees of the various railroads, emission of No. 3 smoke or greater in building or rebuilding fires of locomotives for long periods is due to carelessness or want of proper instructions in regard to suitable methods of fuel economy. In the opinion of the Board the period of thirty minutes in the proviso, already quoted, can be reasonably cut down to fifteen minutes, and this period should be still further cut progressively to a requirement of not exceeding five minutes in the year 1917 and thereafter. The Board submits herewith a bill embodying this recommendation, designated “C.”

A.

AN ACT TO AMEND THE LAWS RELATIVE TO THE MANUFACTURE,
DISTRIBUTION AND SALE OF GAS AND ELECTRICITY.

Be it enacted, etc., as follows:

SECTION 1. Section one hundred of chapter seven hundred and fortytwo of the acts of the year nineteen hundred and fourteen is hereby amended by striking out the word "commissioners," in the twenty-eighth and fifty-sixth lines thereof, and inserting in place thereof the word:board.

SECTION 2. Section one hundred and forty-eight of said chapter is hereby amended by inserting after the words "shares are held", in the fourteenth line thereof, the following sentence: Such trustees shall also within thirty days after the adoption of any amendment of such instrument or declaration file a copy thereof with the board, the said commissioner and said clerk, so that said section as amended shall read as follows: Section 148. Trustees of a voluntary association under a written instrument or declaration of trust the beneficial interest under which is divided into transferable certificates of participation or shares, who own or control a majority of the capital stock of a gas or electric company, shall file a copy of such written instrument or declaration of trust with the board, the commissioner of corporations and the clerk of every city or town in which such association has a usual place of business, and shall annually, on or before the first day of April, file with the commissioner of corporations and with the board a statement showing the number of shares of such company owned or controlled by them and the stockholders of record on the books of such company in whose names such shares are held.

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