170 Mass. 140 | Mass. | 1898
We assume that St. 1894, c. 508, § 51, as amended by St. 1895, c. 438, and St. 1896, c. 241, is not in violation of the Constitution of this Commonwealth or of the United States, for the reasons stated in the opinion given by the Justices to the House of Representatives on May 6,1895,163 Mass. 589.
We are of opinion that the effect of St. 1895, c. 438, is to make persons and partnerships engaged in any manufacturing business in the Commonwealth, and having more than twenty-five employees, subject to the general provisions of St. 1894, c. 508, § 51, concerning manufacturing corporations, but that the special provisions of that section concerning municipal corporations not cities, and concerning counties, co-operative corporations or associations, and railroad corporations, are not applicable to such persons and partnerships. As the word “ corporation,” found in § 65 of the St. of 1894, cannot be held to include the persons and partnerships mentioned in the St. of 1895, we think that § 78 of the St. of 1894 is applicable to such persons and partnerships. Section 51 of the St. of 1894, after the passage of the St. of 1895, is to be read as if the St. of 1895 had been incorporated in it. Conrad v. Nall, 24 Mich. 275. Farrell v. State, 25 Vroom, 421. We find nothing else in the exceptions taken at the trial or in the motion to quash the complaint which seems to require notice except the contention that the complaint
Sustained.