that they appeared to be affected with some contagious disease enumerated in R. L., c. 90, § 28.

The inspection of meat within this Commonwealth is guided · by certain rules and regulations prepared by the Chief of the Cattle Bureau and submitted for approval to the Governor and Council, under authority of R. L., c. 90, § 7, as amended by St. 1902, c. 116, § 3, which rules and regulations, in accordance with the direction contained in that section, are in conformity with the regulations established by the United States Bureau of Animal Industry for the inspection of meat for export and for interstate commerce. The rules and regulations of the Federal Bureau, promulgated by authority of an act of Congress, approved June 30, 1906 (34 St. 674), provide in section 13 as follows:

PARAGRAPH 1. The following principles are declared for guidance in passing on carcasses affected with tuberculosis:

Principle A. The fundamental thought is that meat should not be used for food if it contains tubercle bacilli, if there is a reasonable possibility that it may contain tubercle bacilli, or if it is impregnated with toxic substances of tuberculosis or associated septic infections.

Principle B.- On the other hand, if the lesions are localized and not numerous, if there is no evidence of distribution of tubercle bacilli through the blood, or by other means, to the muscles or to parts that may be eaten with the muscles, and if the animal is well nourished and in good condition, there is no proof, or even reason to suspect, that the flesh is unwholesome.

Principle D.- By localized tuberculosis is understood tuberculosis limited to a single or several parts or organs of the body without evidence of recent invasion of numerous bacilli into the systemic circulation.

PARAGRAPH 2. The following rules shall govern the disposal of tuberculosis meat:

Rule A. The entire carcass shall be condemned

(a) When it was observed before the animal was killed that it was suffering with fever.

(b) When there is a tuberculous or other cachexia, as shown by anemia and emaciation.

(c) When the lesions of tuberculosis are generalized, as shown by their presence not only at the usual seats of primary infection, but also in parts of the carcass or the organs that may be reached by the bacilli of tuberculosis only when they are carried in the systemic circulation. Tuberculosis lesions in any two of the followingmentioned organs are to be accepted as evidence of generalization when they occur in addition to local tuberculous lesions in the di

gestive or respiratory tracts, including the lymphatic glands connected therewith: spleen, kidney, uterus, udder, ovary, testicle, adrenal gland, brain, or spinal cord or their membranes. Numerous uniformly distributed tubercles throughout both lungs also afford evidence of generalization.

(d) When the lesions of tuberculosis are found in the muscles or intermuscular tissue or bones or joints, or in the body lymphatic glands as a result of draining the muscles, bones or joints.

(e) When the lesions are extensive in one or both body cavities. (f) When the lesions are multiple, acute, and actively progressive. (Evidence of active progress consists in signs of acute inflammation about the lesions, or liquefaction necrosis, or the presence of young tubercles.)

Rule B.- An organ or a part of a carcass shall be condemned (a) When it contains lesions of tuberculosis.

(b) When the lesion is immediately adjacent to the flesh, as in the case of tuberculosis of the parietal pleura or peritoneum, not only the membrane or part affected but also the adjacent thoracic or abdominal wall is to be condemned.

(c) When it has been contaminated by tuberculous material, through contact with the floor, a soiled knife, or otherwise.

(d) All heads showing lesions of tuberculosis shall be condemned. (e) An organ shall be condemned when the corresponding lymphatic gland is tuberculous.

Rule C.-The carcass, if the tuberculous lesions are limited to a single or several parts or organs of the body (except as noted in Rule A), without evidence of recent invasion of tubercle bacilli into the systemic circulation, shall be passed after the parts containing the localized lesions are removed and condemned in accordance with Rule B.

Rule D. Carcasses which reveal lesions more numerous than those described for carcasses to be passed (Rule C), but not so severe as the lesions described for carcasses to be condemned (Rule A), may be rendered into lard or tallow if the distribution of the lesions is such that all parts containing tuberculous lesions can be removed. Such carcasses shall be cooked by steam at a temperature not lower than 220 degrees Fahrenheit for not less than four hours.

Acting under authority of R. L., c. 90, § 7, the Chief of the Cattle Bureau established certain regulations, approved by the Governor and Council in accordance with the terms of St. 1902, c. 116, § 3, and thereby having the force of law, which are in substantial accord with the rules and regulations of the Federal Bureau of Animal Industry.

It is clear, therefore, that the statutes and the rules and regu

lations of the Cattle Bureau, which conform to the regulations of the United States Bureau of Animal Industry, did permit cattle which were infected only to the extent of showing lesions which were localized and not numerous, where there was no evidence of the distribution of tubercle bacilli through the blood, or by other means, to the muscles or to parts that might be eaten with the muscles, to be killed if well nourished and in good condition, and the meat derived from the carcasses of such cattle to be sold as food, under proper inspection, within the Commonwealth, since under such conditions there is no proof, or even reason to suspect, that such meat is unwholesome; but such statutes and regulations did not permit the sale of any meat which was infected with tuberculosis.

Upon April 30, 1908, chapter 329 of the Acts of 1908 became a law. This act provided in section 1 as follows:

The sale, offer or exposure for sale, or delivery for use as food, of the carcass, or any part or product thereof, of any animal which has come to its death in any manner or by any means otherwise than by slaughter or killing while in a healthy condition, or which at the time of its death is unfit by reason of disease, exhaustion, abuse, neglect or otherwise for use as food, or of any calf weighing less than forty pounds when dressed, with head, feet, hide and entrails removed, is hereby declared to be unlawful and prohibited. Whoever sells or offers or exposes for sale or delivers or causes or authorizes to be sold, offered or exposed for sale or delivered for use as food any such carcass or any part or product thereof, shall be punished by fine of not more than two hundred dollars or by imprisonment for not more than six months.

Section 2 placed upon the State Board of Health and its inspectors, the State inspectors of health and all boards of health of cities and towns, and their inspectors, officers, agents and assistants, the duty of, and conferred upon them the necessary powers for, enforcing this statute.

Section 5 placed all slaughter houses under the supervision of the State Board of Health, and subject to inspection by the State inspectors of health.

Section 7 provided that "nothing in this act shall affect or impair the rights, powers or authority of any board or officer not herein mentioned." This section obviously refers to the enforcement of the earlier provisions of the act, and does not affect or limit the application of such provisions.

Section 1 of chapter 329 of the Acts of 1908 appears in a draft of legislation accompanying a petition by the Massachusetts Society for the Prevention of Cruelty to Animals, which sets forth that such society represents "that there is need of further legislation for the prevention of cruelty to animals, especially to protect them against cruelty in transportation, and to protect the public against the sale or use for food, or other improper use, of the carcasses of animals which have died in consequence of cruelty, maltreatment or neglect or otherwise than by regular slaughter; and to provide further means and agencies for enforcing the laws in relation thereto by extending the powers of the State Board of Health or its officers or agents or of local health officers or otherwise." The act itself, however, is much broader and more drastic than the petition, and, by providing that the sale, offer or exposure for sale or delivery for use as food of the carcasses, or of any part or product thereof, of any animal which has come to its death in any manner or by any means otherwise than by slaughter or killing while in a healthy condition, in my opinion does in terms forbid the sale - although not the killing of any animal infected to any degree with tuberculosis, notwithstanding that such infection is local, and that the meat derived from the carcass thereof is not in any way affected by such disease.

Replying specifically to the order of the Honorable House of Representatives, therefore, I am constrained to say that in my opinion the laws and statutes of this Commonwealth do not permit meat derived from the carcasses of cattle infected to any degree with tuberculosis, or with any other disease, to be sold as food within this Commonwealth.

I desire to point out, however, the obvious inconsistency which exists between St. 1908, c. 329, § 1, and other provisions of the laws of the Commonwealth and the provisions of the laws and rules and regulations of the Federal government in the premises. Very truly yours,

DANA MALONE, Attorney-General.

The charitable corporation called the "Trustees of the Soldiers' Home in Massachusetts," created by the provisions of St. 1877, c. 218, for the purpose of establishing and maintaining in the city of Chelsea a

home "for deserving soldiers and sailors and such members of their families as said trustees may deem to be proper," may receive in such home or institution any deserving soldier or sailor, who has served in the organized military or naval forces either of the commonwealth or of the United States; and the transfer contemplated by St. 1908, c. 199, § 3, providing that "all real and personal estate held by said trustees shall revert to the commonwealth when the purpose for which the trustees were incorporated shall have been accomplished," may not be made upon failure to find inmates for the institution who have served in the late war of the rebellion.

APRIL 14, 1909.

Hon. ALBION F. BEMIS, Chairman, Committee on Finance of the Executive Council.

DEAR SIR:

I have your letter of April 8, in which you inquire,. on behalf of the committee on finance of the Executive Council, "in regard to the future transfer of the Chelsea Hospital by its board of trustees to the Commonwealth.”

By the name " Chelsea Hospital" you doubtless intend to designate the home for worthy soldiers and sailors maintained in the city of Chelsea by the "Trustees of the Soldiers' Home in Massachusetts," a charitable corporation created by the provisions of St. 1877, c. 218, for the purpose of establishing and maintaining a home "for deserving soldiers and sailors and such members of their families as said trustees may deem to be proper." The Commonwealth has repeatedly appropriated money in aid of the institution so established. See Res. 1905, c. 50; 1906, c. 53; 1907, c. 972, etc. In addition to the annual appropriation so made by the Commonwealth, there have been from time to time other appropriations for the construction of additional buildings for the use of the institution. See Res. 1905, c. 77; St. 1906, c. 48; Res. 1907, c. 105, etc. In 1908 the charter of the corporation (St. 1877, c. 218) was amended by St. 1908, c. 199, which provided, among other things, for the representation among the trustees of the institution, three of whom are appointed by the Governor by and with the advice and consent of the Council, of the voluntary associations known as the "Massachusetts Division, Sons of Veterans, United States of America," and the "Department of Massachusetts, United Spanish War Veterans." In section 3 of this act there is a provision that "all real and personal estate held by said trustees shall revert to the commonwealth when the purpose for which the trustees were incorporated shall have been accomplished,"

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