Medicated alcohol containing ingredients rendering the compound poisonous does not fall within the prohibition of our laws relative to intoxicating liquors. It is not necessary that the sale of such a non-beverage alcohol shall be recorded in the liquor record book, under the provisions of R. L., c. 100, § 26. JAN. 23, 1918. Mr. JOHN J. TOBIN, Secretary, Board of Registration in Pharmacy. DEAR SIR: I am in receipt of your request for an opinion as to the right of a druggist to sell "non-beverage" alcohol without making a record of the sale in the liquor record book, under the provisions of R. L., c. 100, § 26. R. L., c. 100, § 21, as amended by St. 1913, c. 410, and as affected by St. 1913, c. 413, provides that a registered pharmacist to whom a certificate of fitness has been issued may sell pure alcohol for medicinal and other purposes without a physician's prescription, if such sale is recorded in the manner provided for in section 26 of said chapter 100. Under the United States law enacted on Sept. 9, 1917, and the regulations issued by the Commissioner of Internal Revenue relative to the regulation and control of alcohol purchased for use or sale, it is provided that pharmacists who are holders of special tax stamps. as retail liquor dealers will be entitled to sell non-beverage alcohol if the same is properly medicated in accordance with certain formulæ therein mentioned, among which are the following: Carbolic acid 1 part, alcohol 99 parts. Bichloride of mercury 1 part, alcohol 2,000 parts. I am advised that in every instance the added ingredients render the compound poisonous, and if the alcohol were to be used as a beverage it would probably be attended with fatal results. At all events, I think it clear that such medicated alcohol is not pure alcohol, under the provisions of chapters 410 and 413 of the Acts of 1913. Nor do I understand that such medicated alcohol can be used as an intoxicating drink. If not, it does not fall within the prohibition of our laws relative to intoxicating liquor. Commonwealth v. Ramsdell, 130 Mass. 68, 69. Accordingly, without expressing any opinion as to whether such medicated alcohol is of such a poisonous nature as to require the recording of its sale in the book in which sales of poisonous substances are required to be recorded, I am of the opinion that its sale need not be recorded in the liquor book. Very truly yours, HENRY C. ATTWILL, Attorney-General. Minimum Wage Commission - Authority to issue Special Licenses Women Physically Defective. Under the provisions of St. 1912, c. 706, § 9, the Minimum Wage Commission is warranted in issuing to women special licenses permitting their employment at less than the legal minimum wage fixed for women in their occupation, provided the women are physically defective to such an extent as to make them incapable of doing an amount of work required to entitle them to the minimum wage determined. The Minimum Wage Commission is not warranted in issuing such licenses to women incapacitated solely by reason of mental defects. Minimum Wage Commission. JAN. 25, 1918. GENTLEMEN: You request my opinion as to whether your Commission is authorized to issue special licenses to women incapacitated by age or mental defect, permitting their employment at less than the legal minimum wage fixed for women in their occupation, under the provisions of St. 1912, c. 706, $9. Section 9 is as follows: For any occupation in which a minimum time rate only has been established, the commission may issue to any woman physically defective a special license authorizing the employment of the licensee for a wage less than the legal minimum wage: provided, that it is not less than the special minimum wage fixed for that person. This section, in my judgment, is to be construed in connection with the other provisions of the act. The act provides for the determination of a minimum wage suitable for a female employee of ordinary ability in the occupation in question, and also suitable minimum wages for learners and apprentices and for minors below the age of eighteen years. I think it obvious that the Legislature intended to authorize your Board to issue special licenses to women who were physically defective, from any cause, to such an extent as to make them incapable of doing an amount of work required to entitle them to the minimum wage determined. Consequently, if a woman's physical powers have become impaired by age to such an extent, I am of the opinion that your Board is warranted in issuing to her a license in which a special minimum wage is fixed. Ordinarily, mental defects are not included within the term "physical defects," and I am of the opinion that you are not warranted in issuing such licenses to women incapacitated solely by reason of mental defects. Very truly yours, HENRY C. ATTWILL, Attorney-General. Employment of Minors - Selling Newspapers and practicing Other Street Trades - Employment Certificate. A boy between the ages of fourteen and sixteen, who has an employment certificate issued under St. 1913, c. 779, § 15, and who is in fact regularly and habitually engaged for at least six hours per day in the employment or business of selling newspapers or in the practice of other street trades, does not come within the compulsory provisions of section 1 of said act. The person whose duty it is to issue the employment certificate should be satisfied that the pledge or promise presented is made in good faith by or in behalf of a bona fide employer; if he is not so satisfied, he should decline to approve and file the pledge or promise, and refuse to issue the certificate. State Board of Labor and Industries. GENTLEMEN: JAN. 30, 1918. I acknowledge your request for my opinion upon the following question: Shall the selling of newspapers and the practice of street trades upon the public streets during school hours by boys between the compulsory school ages of fourteen and sixteen years be considered regular employment for the granting of employment certificates in accordance with the requirements of St. 1913, c. 779, § 1, even though the boy claims to be so engaged for at least six hours per day and presents a written promise for such employment? The section to which reference is made in this question relates merely to children upon whom school attendance is made compulsory. Among its other provisions it requires attendance of "every child under sixteen years of age who has not received an employment certificate as provided in this act and is not engaged in some regular employment or business for at least six hours per day." Thus, to be excused from attendance such a child must have received an employment certificate and be actually "engaged in some regular employment or business for at least six hours per day." The nature of the employment or business is not specified. In my opinion, the statute intends to cover any legal employment or business in which the child is habitually engaged for at least six hours per day. There seems to be no intention to restrict the employment or business in any way, or to confine it to the classes of employment mentioned in St. 1913, c. 779, § 15. Accordingly, in my opinion, if a boy between the ages of fourteen and sixteen has an employment certificate issued under section 15 of this statute, and is in fact regularly and habitually engaged for at least six hours per day in the employment or business of selling newspapers or in the practice of other street trades, he does not come within the compulsory provisions of section 1. It should be noted that to be exempt from school attendance such a boy must have an employment certificate, and that, by section 16, this certificate cannot be issued before the person issuing it has received, examined, approved and filed a pledge or promise of employment signed by the employer or in his behalf, containing the detailed statements set forth in section 16. If the person whose duty it is to issue the certificate is not satisfied that the pledge or promise presented is made in good faith by or in behalf of a bona fide employer, he should, of course, decline to approve and file it, and refuse to issue the certificate. Yours very truly, HENRY C. ATTWILL, Attorney-General. Board of Parole - Permits to be at Liberty - Issuance thereof to Inmates of the State Prison who have been transferred to the Prison Camp and Hospital. The Board of Parole of the Massachusetts Bureau of Prisons has the authority to issue permits to be at liberty to inmates of the State Prison who have been transferred to the Prison Camp and Hospital, subject, however, to the provisions of St. 1911, c. 451. Board of Parole. FEB. 4, 1918. GENTLEMEN: You have requested my opinion as to whether you may issue permits to be at liberty to inmates of the State Prison who have been transferred to the Prison Camp and Hospital. By St. 1904, c. 243, § 3, the Prison Commissioners were authorized to issue a permit to be at liberty to any prisoner held at said camp, upon such terms and conditions as they should prescribe. By Gen. St. 1915, c. 141, all the powers of the Board of Prison Commissioners to release a prisoner from the Prison Camp and Hospital on permits to be at liberty were transferred and vested in the Board of Parole for the State Prison and the Massachusetts Reformatory. Gen. St. 1916, c. 241, § 1, provided that all the powers of the Board of Parole for the State Prison and Massachusetts Reformatory should be transferred and vested in the Board of Parole of the Massachusetts Bureau of Prisons. Thus all the powers to release prisoners from the Prison Camp and Hospital are now vested in your Board. Under the provisions of Gen. St. 1916, c. 76, prisoners may be removed from the State Prison to the Prison Camp and Hospital. I think that the Legislature did not intend by the passage of this act to repeal in any way any of the general laws relating to the release of prisoners sentenced to the State Prison. The act of 1916, therefore, must be read in connection with the provisions of law which were in effect at the time of the passage of the act relating to the release of prisoners from the State Prison: St. 1911, c. 451, § 1, provides that special permits to be at liberty from the State Prison may be granted to certain prisoners who have served at least two-thirds of the minimum term of their sentence, but in no event until such prisoner has served at least two and one-half years in said prison. Accordingly, I am of the opinion that you may release prisoners in the Prison Camp and Hospital who have been transferred thereto from the State Prison, subject, however, to the provisions of St. 1911, c. 451. Very truly yours, HENRY C. ATTWILL, Attorney-General. |