By this statute the duties of the State Board of Health respect to inspectors of slaughtering are the same that we imposed by law upon the chief of the Cattle Bureau of t State Board of Agriculture in respect to inspectors of anima The duties of the chief of the Cattle Bureau in this resp are set forth in chapter 143 of the Acts of 1911, section 1 which reads as follows:

The mayor and aldermen in cities, except Boston, and the selectn in towns shall annually, in March, nominate one or more inspect of animals, and before the first day of April shall send to the chief the cattle bureau of the state board of agriculture the name, addu and occupation of each nominee. Such nominee shall not be appoin until approved by the chief of the cattle bureau of the state board agriculture. The aforesaid officials of cities and towns may remany inspector, and shall thereupon immediately nominate another his place and send notice thereof as prescribed above.

The statute last quoted clearly provided that no nomi could be appointed an inspector of animals until approved the chief of the Cattle Bureau, and under the provisions the statute above quoted I am of the opinion that a nomi for the position of inspector of slaughtering cannot be pointed until he is approved by your Board. I am aw that since the enactment of the statute last above quo the office of chief of the Cattle Bureau has been abolished another office created to which the duties of the chief of Cattle Bureau and the Board of Cattle Commissioners h been transferred, but this last-mentioned change in the stat cannot make any difference as to your authority. As law now stands I am of the opinion that the question of proving or refusing to approve the appointment of an spector of slaughtering is one that rests entirely within sound discretion and judgment of your Board.

You state, however, that the claim is made that under statute "the only duty which the State Board of Health to perform in relation to the approval or disapproval of appointment of local inspectors of slaughtering is to pass u their qualifications to perform the duties of that office; when the State Board of Health is satisfied that any nom is by training and experience qualified to fulfil the dutie the office it has exhausted its power in the matter, and no right to question the legality of the act of the local b of health in nominating one of its own members." I do

think the duties of the State Board of Health in respect to this class of appointments are confined within such narrow limits; but if it is so, the element of self-interest in the appointee goes directly to the question of his qualification to properly discharge the duties of the position. In the case of Gaw v. Ashley, 195 Mass. 173, where the question was as to whether under a city ordinance the board of health of the city of New Bedford could lawfully and properly elect one of themselves to the office of quarantine physician, the Supreme Court said:

We are of opinion that they could not. The ordinance contemplates the existence of a relation between the physician and the board which requires that he shall not be a member of it. He is to make frequent reports to the board, and from time to time is to make recommendations. His charges to the sick are to be only such as the board approves. His personal interest in these charges is inconsistent with the proper performance of his duty, as a member of the board of health, to fix their amount, in the interest of the public and for the protection of his patients.

There is very ancient and high authority for the assertion that a man cannot serve two masters.

It is my opinion that the action of the State Board of Health in refusing to approve nominations for the office of inspector of slaughtering, on the ground that the nominees were members of the local board of health, was legally correct.

Very truly yours,

THOMAS J. BOYNTON, Attorney-General.

Bureau of Statistics - Certification of Town Notes.

Under St. 1913, c. 719, the director of the Bureau of Statistics may certify notes of a fire district where the district has complied with the spirit and purpose of the statute, even though statutory language was not followed in the vote providing for such notes.

FEB. 19, 1914.

CHARLES F. GETTEMY, Esq., Director of the Bureau of Statistics. DEAR SIR: You request an opinion from this department upon the following question: Ought the director of the Bureau of Statistics to certify under the provisions of chapter 719 of the Acts of 1913 a promissory note of Greenfield Fire District No. 1, issued in accordance with an article in the warrant for a meeting of the voters of said district, and accordance with a vote of the meeting held under and virtue of said warrant, but which does not expressly prov that the debt incurred "shall be made payable from the re enue of the financial year in which the same is to be curred "?

You state that the article in the warrant and the vote tal thereon are as follows:

Article 4. To see if the district will vote to borrow any sum sums of money appropriated under the foregoing articles.

Voted, That the district borrow the sum of five thousand doll ($5,000), giving a note of the district in payment therefor, signed the treasurer and countersigned by the prudential committee, a payable November 1, 1914, with interest not to exceed 4 per c

per annum.

The statute, section 3 of chapter 719 of the Acts of 19 provides for temporary loans in anticipation of the reven of the financial year in which the debt is incurred and pressly made payable therefrom by such vote.

I gather from your letter that the note submitted for c tification is drawn in accordance with the vote above forth; that the debt represented by the note is incurred the only purpose for which the fire district is authorized incur debt; and that the only possible way in which it be paid at maturity is from the revenue of the current ye You further state that "the note seems to all intents and p poses to be a note issued in anticipation of taxes."

The vote did not follow the precise language of the statu and the real question is whether this departure from the ex language of the statute places upon the director of the Bur of Statistics the duty of refusing to certify the note issuec pursuance of it.

In this instance, although the district did not follow exact words of the statute, it did follow its spirit and p pose. A very ancient writer has said: —

It is not the words of the law but the internal sense of it that ma the law, and our law, like all others, consists of two parts, nam of body and soul. The letter of the law is the body of the same, the sense and reason of the law are the soul of the law.... An often happens that when you know the letter you know not the se for sometimes the sense is more confined and contracted than letter, and sometimes it is more large and extensive. (2 Plowden, 4 The intention of the Legislature was to compel the municipal corporations of the State to adopt the policy of paying as they go, and to restrain them from incurring any debt except for certain specified purposes.

Greenfield Fire District No. 1 has in this instance complied with the spirit and purpose of the statute. To refuse to certify the note in question would put the district to the trouble and expense of holding another meeting to pass a vote slightly different in words from the vote it has already passed but of exactly the same purpose and intention.

In such cases as this the rule applies that the spirit and reason of the law will prevail over its letter. It is my opinion that you may properly and lawfully certify the note in question.

Very truly yours,

THOMAS J. BOYNTON, Attorney-General.

Civil Service

Fire Department - Promotion.

Under St. 1913, c. 487, a call fireman is eligible to appointment as a member of the permanent force of firemen, under certain conditions, without being subject to civil service rules, but such call fireman carinot legally be promoted to the office of captain of such permanent force.

FEB. 19, 1914.

WARREN P. DUDLEY, Esq., Secretary, Civil Service Commission.

DEAR SIR: - You ask my opinion upon the following question: May a call fireman be appointed captain in a permanent force of firemen, under the provisions of chapter 487 of the Acts of 1913?

Section 1 of that act provides as follows:

Cities and towns which have a call or part call fire department which now is or may hereafter be subject to the civil service rules may, on the recommendation of the board of engineers of the fire department or of the officer or board having charge of the fire department, appoint as members of the permanent force without civil service examination any persons who have served as call men or part call men for five or more successive years: provided, that such persons are certified by the city or town physician to be competent physically for the duty. If there is no city or town physician, then the said certification shall be made by a physician designated for the purpose by the board of engineers or other authority, as aforesaid.

Prior to the enactment of this statute promotion or transi from the call to the permanent fire force of a city or tou could be made only after an open competitive examinati (Civil Service Rule No. 38, cl. 2), and the promotion, granted, was to the lowest grade of the permanent force. I section 1 of chapter 487 of the Acts of 1913, above quote five or more successive years of service as a call firema together with the certificate of the city or town physician of such other physician as may be designated for the purpo by the board of engineers or other authority, is substitut for the competitive examination provided in that part Civil Service Rule No. 38 above referred to.

While the question is not entirely free from difficulty, it my opinion that the Legislature did not intend to make call fireman eligible to appointment as captain in the perm nent force, but, subject to the conditions specified in t statute, to appointment as a member of the permanent fi men force; and I am also of the opinion that under the p visions of the statute referred to a call fireman cannot lega be promoted directly to the office of captain in the permane fire-fighting force of a city or town.

It is perhaps needless to say that after a call fireman comes a member of the permanent force he is eligible promotion like any other member of that force, in accordan with the provisions of the Civil Service Rules.

Very truly yours,

THOMAS J. BOYNTON, Attorney-General

Commissioners on Fisheries and Game City and Town Cle

Custody of Registration Books.

Books of hunters' certificates of registration should be retained by respective city and town clerks, and the Commissioners on Fishe and Game have no authority to demand their return.

FEB. 24, 191

Dr. GEORGE W. FIELD, Chairman, Commissioners on Fisheries and Go DEAR SIR: You have requested my opinion upon following question: Have the Commissioners on Fishe and Game authority, under chapter 614 of the Acts of 19 as amended by chapter 379 of the Acts of 1912, to dema the return to them of books of hunters' certificates of re