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Commission

to investigate

and suburbs.

Duties of commission.

SECT. 2. The said commission shall forthwith proceed to investisubject of rapid gate and consider the subject of rapid transit for passengers and transit in Boston freight in the city of Boston and its suburbs, including elevated, underground, and surface routes, by any practicable method. The commission shall also consider all questions and details of construction, operation, and maintenance; the cost of the same; the damages to property; routes, whether in the streets or elsewhere; the location of terminal facilities and way stations; the terms of any franchise to be granted to any corporation building or operating said roads, including in the terms of the franchise the compensation, if any, that shall be paid to the cities and towns through which it is constructed; what property, if any, should be taken, and if so whether by eminent domain or purchase; rates of fare to be paid upon the roads; and all other matters pertaining to the problem of rapid transit in said city and suburbs, the best method of accommodating the travelling public, protecting the rights of property owners, and the pecuniary interests of said cities and towns.

May appoint a clerk, and estab

SECT. 3. The said commission shall appoint a clerk, who shall lish rules, etc. keep a record of all its proceedings; it may establish rules and regulations for the conduct of its business; it shall occupy suitable quarters, which shall be provided by the sergeant-at-arms in the state house or elsewhere.

To procure estimates and have plans prepared.

To submit estimate of expenses.

Expenses of commission,

other than sala.

SECT. 4. The said commission shall procure estimates and cause plans to be prepared showing the route, cost, and other details of such system or systems as they shall think most desirable; they shall employ experts, and all necessary clerical and other assistants, and shall incur such reasonable expenses, including travelling expenses, as may be authorized by the governor and council. Before incurring any expenses they shall from time to time estimate the amounts required, and shall submit the same to the governor and council for their approval, and no expense shall be incurred by the commission beyond the amount so estimated and approved.

SECT. 5. The persons appointed by the governor under section one of this act shall receive such compensation as the governor and council may decide. All the expenses incurred by said commission as herein before provided, apart from salaries to members of the commission, shall be paid one-half by the Commonwealth and one-half Commonwealth by the city of Boston; and it shall be the duty of the said city of Boston to raise, and upon the requisition of the said commissioners to pay, one-half of said expenses.

ries, to be di

vided between

and city.

Commission to give public hearings, etc.

To report fully to legislature before first Wednesday in

Be

SECT. 6. The commission shall give public hearings to any person or corporation desiring to submit plans or suggest routes for securing rapid transit in the said city and its suburbs, and shall give such notice by publication or otherwise as it deems necessary. fore definitely deciding upon any particular route or structure, the said commission shall give public hearings, and shall give reasonable notice thereof by publication or otherwise as they may see fit, to persons owning property along said route, and to the cities or towns through which said route may be located. They shall, so far as practicable, give actual notice to persons whose property it is intended to take or traverse.

SECT. 7. The said commission shall report fully with plans and estimates to the legislature on or before the first Wednesday in Febru February, 1892. ary in the year eighteen hundred and ninety-two, and shall append to its report a draft of a bill intended to accomplish the recommendations of the commission.

Authority to
West End Street

SECT. 8. The authority heretofore given to the West End Street Railway Com Railway Company for the building of any elevated railroad in any

elevated rail

street or highway is hereby suspended until the report of the commis- pany to build sion to the legislature and its final action thereon; and any limit of road suspended. time in any act granting such authority to it is hereby extended by a time equal to the period of such suspension.

commission.

SECT. 9. Any vacancies in the commission may be filled by the Vacancies in governor with the advice and consent of the council, if such vacancy occurs in the persons appointed by the governor, or by the mayor of Boston, subject to confirmation by the board of aldermen, if the vacancy occurs in the persons appointed by the mayor.

expended by

$20,000.

SECT. 10. The total amount of money which shall be expended Total amount out of the treasury of the Commonwealth in carrying out the pro- Commonwealth visions of this act shall not exceed twenty thousand dollars exclusive not to exceed of any sum which may be deemed necessary for the payment of salaries to the commissioners provided for in section one. SECT. 11. This act shall take effect upon its passage.

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AN ACT RELATING TO THE BUILDING OF A BRIDGE CONNECTING THE
CITY OF BOSTON PROPER WITH EAST BOSTON.

Be it enacted, etc.:

commissioners

subject of bridge

proper and East

SECTION 1. The board of harbor and land commissioners shall Harbor and land make an investigation into the subject of building a bridge over tide- to investigate water connecting the city of Boston proper with East Boston, and for and report upon such purpose they shall receive and consider such plans for such between city bridge as the city of Boston or any other party may offer. Said Boston. board shall make a full report of their investigations to the next general court, and shall state in their report whether in their opinion such a bridge can be built without inflicting serious damage upon the wharf property and materially injuring the commerce of the Commonwealth. And if any plan for said bridge is approved by them they shall set forth the same in their report.

SECT. 2. This act shall take effect upon its passage.

June 9, 1891.

AN

1891. CHAPTER 388.

ACT TO PROVIDE A PUBLIC HIGHWAY BRIDGE ACROSS THE RE-
SERVED CHANNEL AT SOUTH BOSTON.

Be it enacted, etc.:

build a bridge

channel.

SECTION 1. The city of Boston is hereby authorized and required City required to to build and maintain a public highway bridge across the reserved across reserved channel on the South Boston flats in said city, connecting Eastern avenue or Congress street, so called, as laid out and graded by the Commonwealth, with L street extended to the southerly line of said channel. Said bridge shall be constructed in accordance with plans prescribed or approved by the board of harbor and land commissioners. Upon the completion of said bridge, provided the same is Forty per cent. completed before the first day of August in the year eighteen hun-imbursed by dred and ninety-two, forty per cent. of the cost thereof shall be reimbursed by the Commonwealth to said city out of the Commonwealth's flats improvement fund established by chapter two hundred

of cost to be re

Commonwealth.

and thirty-seven of the acts of the year eighteen hundred and seventy-eight.

SECT. 2. This act shall take effect upon its passage.

June 9, 1891.

Appointment of Charles-river improvement commission.

Duties of commission.

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AN ACT TO PROVIDE FOR THE APPOINTMENT OF THE CHARLES RIVER
IMPROVEMENT COMMISSION.

Be it enacted, etc.:

SECTION 1. The governor, by and with the advice and consent of the council, shall appoint three citizens of the Commonwealth, who, together with the mayor of the city of Boston, the mayor of the city of Cambridge, the mayor of the city of Newton, and the chairman of the board of selectmen of the town of Watertown, for the current year eighteen hundred and ninety-one, shall constitute a commission on the improvement of Charles river, and shall serve without compensation.

SECT. 2. Said commission shall consider what improvement can be made in the Charles-river basin, between the dam at Watertown and the Charles-river bridge in Boston, the bridges over said river, and the parks along the banks thereof, in said cities and town; and shall consider such other matters relating to the general commercial interests of the Commonwealth and of said cities and town in said river, as they may deem proper, and shall report their investigations to the next general court, and to each succeeding general court during the continuance of the commission. Said commission may expend a sum not exceeding three thousand dollars in making their investigations, which sum shall be paid from the treasury of the Commonwealth, on properly approved vouchers presented to the auditor, in the same manner as other claims against the Commonwealth. The term of office of the commissioners provided for in this act shall expire within two years from the date of the passage thereof. SECT. 3. This act shall take effect upon its passage.

June 10, 1891.

Payment of witness and other

fees in district and municipal

courts of Boston.

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AN ACT RELATING TO THE FEES TO BE PAID IN THE DISTRICT AND
MUNICIPAL COURTS IN THE CITY OF BOSTON.

Be it enacted, etc.:

SECTION 1. In the district and municipal courts of the city of Boston, except the municipal court held in the court-house of the county of Suffolk in said city, the witness fees due to any person, and the fees and expenses due to the officers named in section one of chapter four hundred and forty of the acts of the year eighteen hundred and ninety, and to all others, shall be paid by the clerks thereof, or by the justices of courts having no clerks, at the end of the trial of the case in which such fees and expenses accrue, and if the clerks, and justices of courts having no clerks, do not have in their hands funds sufficient to pay witness and other fees and expenses as herein provided, they may make written requisition upon the city of Boston for the same by sending said requisition to the auditor of

said city, and thereupon said city shall pay to said clerks or justices
such sum as shall be required, not exceeding one hundred dollars in
any one month, for which said clerks and justices shall account to
the city of Boston every month, before the tenth day thereof, and
for which they shall be liable upon their official bonds.
SECT. 2. This act shall take effect upon its passage.

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AN ACT TO AMEND AN ACT IN RELATION TO PENSIONING DISABLED
MEMBERS OF THE FIRE DEPARTMENT OF THE CITY OF BOSTON.

Be it enacted, etc.:

66

SECTION 1. Section one of chapter one hundred and seven of the acts of the year eighteen hundred and eighty as amended by chapter one hundred and seventy-four of the acts of the year eighteen hundred and eighty-eight, is hereby amended by striking out the word "affirmative," in the fifth line of section one of said chapter one hundred and seventy-four, and inserting in place thereof the word: "majority," and by striking out the word "all," in said fifth line, also by striking out the word “may,” in the sixth line of said section, and inserting in place thereof the words: "shall when they," also by striking out the word "and," in the tenth line of said section, also by striking out, in the eleventh and twelfth lines, the words "no such," and inserting in place thereof the word: any," also by striking out, in said twelfth line, the word "shall," and inserting in place thereof the word: "may," and by striking out, in said twelfth line, the word "unless," and inserting in place thereof the word "when," also by striking out, in the twentieth line, the word "disabled," also by striking out, in the twenty-seventh and twentyeighth lines, the words "an amount not exceeding," and by striking out, in the thirtieth line, the wordless," and inserting in place thereof the word "further," so as to read as follows: "Section 1. The board of fire commissioners of the city of Boston, by the Fire commissioners by mamajority vote of the members, and with the approval of the mayor, jority vote may shall, when they retire from office in the fire department any member retire members thereof who has become disabled while in the actual performance on pension roll, of duty, or any member who has performed faithful service in the with approval department for a period not less than fifteen consecutive years, place the member so retired upon a pension roll. Any member may be placed on the pension roll when it shall be certified to the board in writing by the city physician that such member is permanently incapacitated, either mentally or physically, from performing his duty as a member of the department. In case of total disability caused Pension rates. or induced by the actual performance of his duty, the amount of annual pension shall be one-half of the annual compensation allowed to men of the grade in which such member served, or such less sum as the said board may determine. The pension of members of the permanent force who have served fifteen years shall be an amount not exceeding one-third the annual salary or compensation of the office from which said members are retired, or such less sum as the board may determine. The pension of members of the call force who have served fifteen or more consecutive years shall be one

and place them

of mayor.

Subject to acceptance.

half the annual salary or compensation of the office from which said members are retired, or such further sum as the board may determine." SECT. 2. This act shall take effect when accepted by the city council of the city of Boston.'

June 11, 1891.

[1880, 107; 1888, 174.]

City may use portion of South

public playground.

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AN ACT TO AUTHORIZE THE TEMPORARY USE BY THE CITY OF BOSTON OF
CERTAIN LAND OF THE COMMONWEALTH AT SOUTH BOSTON FOR A
PUBLIC PLAYGROUND.

Be it enacted, etc.:

SECTION 1. The city of Boston is hereby authorized to use for a Boston flats for public playground that portion of the lands of the Commonwealth on the South Boston flats in said city, which is bounded by C, D, and Cypher streets, and Mount Washington avenue, until the board of harbor and land commissioners shall, with the approval of the governor and council, give three months' notice in writing to said city to terminate such use; and thereupon such use shall cease, and said city shall have no claim on the Commonwealth by reason of such termination or on account of any expenditures on said land. Said city shall not erect or place on said land any building or structure of a permanent character, or change the grade thereof, and shall use said land solely as a playground for children and youth, which shall be known as Commonwealth Playground. Nothing in this act shall be so construed as to prevent the Commonwealth by its agents from entering on or passing over said land, for further improving the same or the adjoining territory, or from making permanent disposition of the same or any portion thereof, as now authorized by law. SECT. 2.

This act shall take effect upon its passage.

June 11, 1891.

Collection of statistics of

families residing in rented tenements.

1891. RESOLVES CHAPTER 115.

RESOLVE PROVIDING FOR THE COLLECTION BY THE BUREAU OF STATISTICS
OF LABOR OF CERTAIN STATISTICS RELATIVE TO FAMILIES RESIDING IN
RENTED TENEMENTS IN THE CITY OF BOSTON.

Resolved, That the bureau of statistics of labor be hereby directed to ascertain and report to the next general court the number of families in the city of Boston residing in rented tenements; the average amount of rent paid monthly by each family; the number of rooms rented by each family; the average number of persons to each room; their sex and occupation; the length of time the heads of such families have been residents of the United States; what per cent. of the male population are citizens, and their nationality; and the sanitary condition of the tenements rented as aforesaid; and ten thousand dollars shall be paid out of the treasury for the purpose of carrying out the provisions of this resolve, to be expended by the bureau of statistics of labor.

June 11, 1891.

Accepted, July 17, 1891.

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