or seconds during which smoke may be emitted in any period as provided in this section shall be deemed to mean the aggregate number of minutes or seconds, and such minutes or seconds need not be consecutive.

TABLE SHOWING THE DENSITY OF SMOKE, IN ACCORDANCE WITH THE RINGELMANN CHART, WHICH MAY BE EMITTED FROM THE VARIOUS CLASSES OF STACKS AS PRO. VIDED IN SECTION 2, AND THE DURATION OF SUCH EMISSION.

SECTION 3. The board shall appoint a smoke inspector who shall not engage in any other business, and such deputy inspectors as it may think proper, who shall be sworn to the faithful performance of their duties and shall hold office during the pleasure of the board. The board may also employ such clerks, stenographers and other office employees as it may deem necessary, and may expend for necessary office rent, books, stationery, travel and other expenses incidental to the performance of the duties imposed by this act, such sum as the legislature shall annually appropriate. The compensation of inspectors, deputy inspectors and all other employees shall be fixed by the board, subject to the approval of the governor and council. All salaries and other expenses provided for by this act shall be paid by the commonwealth, which shall be reimbursed as hereinafter provided.

SECTION 4. It shall be the duty of the board to enforce the

provisions of this act, to investigate all complaints made with reference to any violations thereof, and in its discretion, to order any person or corporation complained of to comply with the provisions of this act, and to enforce such orders by legal proceedings. The board shall make an annual report to the general court of its doings with such recommendations as to legislative action or state policy as it may deem advisable. The board, with the approval of the governor and council, may make such rules and regulations as it deems advisable for its own government, for the government of its employees and assistants, for the observation of smoke by the inspector or his duly authorized agents at reasonable intervals, and for keeping proper records of all observations. Such observations and records shall be open to public inspection at reasonable times and under reasonable regulations.

SECTION 5. It shall be the duty of the smoke inspector, by himself and his assistants, to assist the board in the performance of its duties, in such manner as the board shall direct, to investigate complaints as to violations of this act, to collect evidence in regard to the same and present such evidence to the board for action.

SECTION 6. The board shall have power, after notice and a hearing, to order any person or corporation having control of the operation of the stack, other than an employee, to stop or abate the emission of smoke in violation of this act. Such notice shall be in writing and may be served personally upon such person or corporation, or duly authorized agent by any person authorized by the board to make such service, and in the manner provided by the laws of the commonwealth for the service of writs returnable to the superior court. Such notice shall be served at least forty-eight hours before the time fixed for the hearing, and a copy of the order or decree of the board, shall in like manner be served upon such person or corporation or duly authorized agent within twenty-four hours after the same shall be made by the board. In the event of violation, a copy of the observation made in accordance with section four shall be mailed within twenty-four hours to the person or corporation having control of the operation of the stack, and an additional copy shall be delivered upon the premises, as soon as is practicable to the employee having charge of the stack, unless it is otherwise requested in writing by any such person or corporation. SECTION 7. Any person or corporation violating any order of the board shall be guilty of a misdemeanor and may be punished by a fine of not less than ten nor more than fifty dollars for the first offence and not less than twenty nor more than one hundred dollars

for every succeeding offence. No person or corporation shall be deemed guilty in accordance herewith, unless the observations, used as evidence at the trial, shall be made as provided in section four. The superior court sitting in equity, on petition of the board or any person authorized by the board, shall have jurisdiction to restrain violations of this act during the prosecution of any proceeding at law for the enforcement of any order of the board.

SECTION 8. Temporary permits for the emission of smoke, covering periods not exceeding six months from June first, nineteen hundred and ten, may be granted by the board to any person duly applying for the same and satisfying the board that he will make changes or improvements to prevent the emission of smoke in violation of the provisions hereof. But after December first, nineteen hundred and ten, no further permits shall be granted unless the board is satisfied that public convenience requires it, and permits so granted shall be for a period not exceeding six months.

SECTION 9. The board shall annually estimate the expense of carrying this act into effect for the ensuing year and shall certify the same to the treasurer of the commonwealth who shall apportion said expense among the cities and towns comprised in the district in proportion to the amount of their state tax, and the treasurer shall annually notify each city and town of the amount to be paid by it, and the same shall be paid by such city or town into the treasury of the commonwealth at the time required for the payment of, and as a part of, its state tax.

SECTION 10. All acts and parts of acts inconsistent herewith are hereby repealed, and this act shall take effect on the first day of July, nineteen hundred and ten. [Approved June 15, 1910.

RESOLVES.

[CHAPTER 55.]

Resolve to provide for an Investigation and Report relative to the Transmission of Electricity for Light, Heat or Power.

Resolved, That the board of gas and electric light commissioners is hereby directed to investigate the circumstances affecting the transmission of electricity for light, heat and power upon, along, across and under the public ways, and across any waters within the commonwealth, and upon private land, and especially with respect to the transmission of electricity in bulk, and to such lines as must pass through two or more cities or towns in order to connect a

source of supply with a suitable market for the electricity generated; to examine the laws relative to the location, construction, maintenance and use of lines for the transmission of electricity and the authority of the local officials and of said board with respect thereto; and to report to the next general court the result of its investigation and examination, with such recommendations as it may deem advisable. [Approved April 5, 1910.

[CHAPTER 120.]

Resolve to provide for a Commission to determine upon a Plan of Compensating Employees for Injuries received in the Course of their Employment.

Resolved, That the public good requires a change in the present system of determining the compensation of employees for injuries sustained in industrial accidents, and that the commonwealth ought to provide different and more suitable relief; and,

Resolved, That the governor, with the advice and consent of the council, be authorized to appoint a commission of five persons, citizens of the commonwealth, one of whom shall be designated as chairman, for the purpose of investigating the effect of the present laws relating to the liability of employers for injuries received by employees in the course of their employment. The commission shall investigate other laws and systems in operation in other states and countries, shall correspond or confer with committees and commissions in other states considering the same subject, and shall draft an act for the compensation of employees for industrial accidents. The commission shall be provided with suitable quarters in the state house or elsewhere. It may employ all necessary clerical or other assistance and may incur such reasonable expense, including travelling expenses, and shall receive such remuneration, as may be approved by the governor and council. The commission shall report in print, the draft of the act and a compilation of the data and statistics and such other information as the commission may be possessed of as a result of its investigation and study, on or before the second Wednesday in January in the year nineteen hundred and eleven, and the powers of said commission shall terminate on that date. The total expense to be incurred under this resolve shall not exceed the sum of ten thousand dollars. The provisions of section twenty-one of chapter three of the Revised Laws shal! not apply to the appointments to be made under this resolve. [Approved June 7, 1910.

INDEX.