If an information like this had been applied for within a reasonable time after the appointment of the respondent, I should have felt it my duty to allow the use of the name of the AttorneyGeneral, that the legality of the appointment might be determined in the courts of the Commonwealth. There is, at least, a doubt whether the respondent was originally eligible. Conceding him to have been a citizen of Boston at the time of his appointment, and that he had resided in Boston for the greater portion of the three years prior to his appointment, it is still doubtful whether the word "residence," in the statute, is not to be taken as synonomous with domicil. If so, the facts do not bring him within the terms of the statute. I do not deem it important, however, to consider this question, for I am of opinion, upon all the facts, that it is my duty, in the exercise of the discretion confided to the Attorney-General, to refuse the application. The respondent has served more than four-fifths of the term for which he was appointed. He is now eligible to appointment, and could be reappointed in case he were removed from office under a proceeding of this character. Moreover, no public rights are affected by his continuance in the office de facto. The legality of his official acts cannot be inquired into collaterally. He is in office under color of right; and, having served four years, without any attempt to question his authority during that time, I do not think the public interests require that the legality of his appointment which, in view of all the circumstances, has become little more than a moot question — should be brought in question now by a proceeding to which the AttorneyGeneral is a party. The right to institute proceedings of this character, the exercise of which is confided to the discretion of the Attorney-General, is one which should be used only with a view to the public welfare. It is, indeed, important that all officers should be lawfully elected or appointed to the positions they hold ; and, if any doubt exists as to the legality of such election or appointment, that such doubts should be promptly resolved. But such questions should be raised without undue delay. While laches cannot be imputed to the public, or to its officer, the Attorney-General, the principles which govern the application of that rule to private individuals have much force when an application of this sort is brought so long after the act which it is attempted to draw in question; and, unless some public right is affected, it is the duty of the Attorney-General to refuse an application which not only cannot serve any useful purpose, but is brought so near the end of the term of the office in question that it may not be determined finally until the term has expired. Commonwealth v. Allen, 128 Mass. 308. These considerations have especial weight when the reason for the application is considered. The petitioner in this case seeks to impeach the title of a judge whose jurisdiction he did not challenge while he was on trial. He was apparently contented until the respondent decided against him. In similar cases in England, where an act of Parliament (St. 9 Anne, c. 20) authorized applications to be made by private individuals to the court of King's Bench for an order directing the king's attorney to file an information, it has been frequently held that, when such applications were made by persons who had not objected to the regularity of the proceedings complained of until after defeat, the application would be denied. Rex v. Dawes, 4 Burrows, 2122. King v. Parkyn, 1 Barnewall & Adolphus, 652. To the same effect is Dorsey v. Anslie, 72 Ga. 460; People v. Waite, 70 Ill. 25. I am clearly of the opinion that the petitioner has not shown that the interests of the public require the filing of this information; and the name of the Attorney-General is accordingly refused. HOSEA M. KNOWLTON, Attorney-General. William E. Cassidy, for the petitioner. Solomon Lincoln, for the respondent. INFORMATIONS. 1. AT THE RELATION OF THE TREASURER AND RECEIVER-GENERAL. (a) For the non-payment of corporation taxes for the year 1898, informations were brought against the — A. S. Dexter & Co., Incorporated. Tax paid and information dismissed. Alexander Hill Bedding Company. Tax paid and information dismissed. Austin & Winslow Gallagher Company. Tax paid and information dismissed. B. F. Lewis & Son Company. Tax paid and information dis missed. Bates Machine Company. Enjoined. Bay State Metal Works. Tax paid and information dismissed. Bay State Steamship Company. Enjoined. Berkshire Spar and Quartz Company. Tax paid and information dismissed. Blanchard Machine Company. Tax paid and information dis missed. Boston Advertising Company. Tax paid and information dis missed. Boston Traveller Company. Tax paid and information dismissed. Brookfield Brick Company. Tax paid and information dismissed. Cambridge Co-operative Society. Tax paid and information dis missed. Cameron's Pharmacy. Tax paid and information dismissed. Cape Ann Granite Railroad. Tax paid and information dismissed. Charles A. Millen Company. Tax paid and information dismissed. Chicopee Gas Light Company. Tax paid and information dismissed. Coates Clipper Manufacturing Company. Tax paid and information dismissed. Coburn Stationery Company. Tax paid and information dis missed. Consolidated Refrigerating Company. Tax paid and information dismissed. Co-operative Printing Society. Tax paid and information dismissed. Cyclopædia Publishing Company. Tax paid and information dismissed. Damon Brick Company. Tax paid and information dismissed. missed. Franklin Educational Company. Tax paid and information dis missed. George P. Staples & Co., Incorporated. Tax paid and information dismissed. Grove Hall Hardware Company. Enjoined. Harcourt Paper Box Company. Tax paid and information dis missed. Hardy Company. Enjoined. Higgins & Gifford Boat Manufacturing Company. Tax paid and information dismissed. Highland Foundry Company. Tax paid and information dis missed. Home Guaranty Mutual Insurance Company. Tax paid and information dismissed. Horace Partridge Company. Enjoined. Investment Corporation. Tax paid and information dismissed. Kimball Brothers Company. Tax paid and information dismissed. L. E. Fletcher Company. Tax paid and information dismissed. Lexington Gas Light Company. Tax paid and information dismissed. Lockfast Hook Company. Enjoined. Low Art Tile Company. Tax paid and information dismissed. Lynn News Publishing Company. Tax paid and information dismissed. M. A. Swift Sons, Incorporated. Tax paid and information dismissed. M. D. Stebbins Manufacturing Company. Enjoined. Mansfield Baking Company. Enjoined. Merrill Piano Company. Tax paid and information dismissed. New England Reed Company. Tax paid and information dismissed. O. D. Pillsbury Company. Tax paid and information dismissed. Phoenix Hall Company. Enjoined Pierce Construction Company. Enjoined. Puncturoid Manufacturing Company. Enjoined. Quaboag Steamboat Company. Tax paid and information dismissed. Richard Manufacturing Company. Tax paid and information dismissed. Royal Millinery Company. Enjoined. Spring Lane Press. Tax paid and information dismissed. Sumner Drug and Chemical Company. Tax paid and information dismissed. Thompson & Odell Company. Tax paid and information dismissed. Tremont Publishing Company. Enjoined.. Union Telephone and Telegraph Company of Massachusetts. Pending. Wade & Reed Company, Tax paid and information dismissed. Walter S. Cushing Company. Enjoined. Wellington Furniture Company. Tax paid and information dis missed. Wellington Sash Lock Company. Enjoined. Weymouth Seam Face Granite Company. Tax paid and information dismissed. White-Wilbar Shoe Company. Tax paid and information dismissed. William H. King Sons Company. Tax paid and information dismissed. Williams Table and Lumber Company. Tax paid and information dismissed. Woodward & Brown Piano Company. Tax paid and information dismissed. (b) For failure to file the tax return for the year 1899, required by section 38 of chapter 13 of the Public Statutes, informations were brought against the A. W. Bryne Construction Company. Enjoined. dismissed. Return filed and information Alexander Hill Bedding Company. Pending. |