MILITARY SETTLEMENTS AND STATE AID.

The third section removes a restriction which was operating to prevent many worthy soldiers, and their families, from gaining a military settlement, to which their service in the field fairly entitled them. It now remains for the proper authorities, from existing evidence, to determine, once for all, in what towns the soldiers serving on the quota of Massachusetts, did gain military settlements under the Act of 1865 as modified in 1868. This is a work of much time and labor, but when once performed, it will prevent litigation and uncertainty in future. So long as the payment of State Aid is continued, these military settlements will be very much in abeyance, but the cases will increase from year to year, and gradually will become very numerous. Perhaps the commission now having jurisdiction in disputed cases under the State Aid law, might undertake the duty of defining the military settlement of all our soldiers.

2.- The State Aid Law.

This thoughtful provision, humanely intended, if not always judiciously executed, was extended last year under the amendments of the previous Legislature-so far as to provide also for the dependants of deceased or disabled soldiers and sailors-till January 1st, 1871. It meets still, however, with more or less criticism, and is not free from the suspicion of fostering or occasioning abuses. On the one hand, it is said that while the law is good enough, it fails in a proper and prudent execution through a want of scrutiny, or fidelity, on the part of town officers, or the examining surgeons. If the surgeons were salaried, and obliged to keep a record of each case, more care, it is believed, would be exercised, and fewer claims allowed. Again, it is averred that some towns, jealous of others which are receiving largely from the treasury, disburse the more liberally to their own claimants, to balance an increased taxation, arising from such payments made by the State. Still further, it is held that the Commission to which these claims are finally referred, has been disinclined, from a natural feeling of partiality to the soldier, to examine them too closely.

On the other hand, reports have come from different towns, that while the law is not perfect, it is as near what was designed

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as is practicable; and that there is no crying evil or abuse in its working. And it is denied, also, that there is any want of scrutiny at the State House, but that all claims are carefully sifted.

So far as can now be ascertained, the case appears to be this: that while the soldiers were in service, the aid was, on the whole, wisely bestowed and well applied; that later, as in 1866, through neglect somewhere, the disbursements were lavish, amounting to nearly twice as much as was needed or prudent. Since then, under later amendments, the expenditure has been brought nearer within proper limits, (there being in Boston, say about four thousand cases aided, to about eight thousand in 1866,) and apart from fostering a habit of dependence, is doing no small good. Many who are thus assisted, would otherwise be forced to apply to the Overseers, and many who do so apply, are referred to, and relieved by the provision for State Aid. While this provision is, in effect, a sort of supplementary pension,-being given only to those already receiving pensions,—a wide discretion is given to municipal officers, to correct any omission or excessive payments which might otherwise occur. Indeed, they may not only give State Aid, in a case of actual suffering, but they may withhold it from any pensioner who is able to pursue his usual avocation.

If then, under the scrutiny of the Pension Agents, all but the claims of the really deserving are primarily excluded, even the unnecessary demands of these for State Aid may also be refused. It is painfully true, however, that in many cases, a person otherwise entitled to this assistance, might squander it in drink, or otherwise, but in these cases it might and should be given only to the soldier's family or dependants. On the whole, therefore, if the law is not perfect, it may be said to work reasonably well, and it is evident that not a little local relief is thus afforded, which might otherwise have to be provided through some great State Establishment.

The following is the Act of last winter above alluded to:

SANITARY LEGISLATION.

[CHAP. 107.]

AN ACT concerning State Aid for disabled Soldiers and Sailors and their families, and for the families of the Slain.

Be it enacted, &c., as follows:

SECT. 1. The operation of chapter one hundred and seventy-two of the acts of the year eighteen hundred and sixty-six, and chapter one hundred and thirty-six of the acts of the year eighteen hundred and sixty-seven, so far as they provide for the payment of state aid to those who were dependent upon dead or disabled soldiers or sailors, shall be and hereby is extended to the first day of January, in the year eighteen hundred and seventy-one.

SECT. 2. This act shall take effect upon its passage. [Approved April 9, 1868.

A further Act (Chapter 115,) repeals the third section of Chapter 136 of the Acts of 1867, under which towns and cities giving money were obliged to report quarterly to the auditor, thus restoring the enactment of the year previous, which provided for such reports annually. Upon this report, sworn to by a majority of the selectmen and approved by the auditor, re-imbursement will be granted.

3.-Tenement Houses and Unwholesome Lands.

No Acts of the last Legislature, except the new Settlement Law, are likely to have so much to do, in coming years, with the welfare of the poor, as those passed in relation to the powers of Boards of Health, particularly in the City of Boston, (Chapters 160 and 281, 1868 ;) although for the present these beneficent laws have not been enforced, and have scarcely become known to the public. Partly for the sake of making them more generally known, and partly that I may bring to your attention some of their features, on which I desire to comment, they will here be presented in full. They were, no doubt, suggested to the Legislature by the experience of the last few years, in regard to unwholesome districts and improper tenement-houses in the city of Boston; but this experience has been confirmed and impressed upon the minds of sanitarians and philanthropists, and the officers of city governments, by what has been taking place in the city of New York since the establish

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ment there, in 1866, of the Metropolitan Board of Health, which has since made itself so well known. This vigorous organization, (many of the persons connected with which are Massachusetts men,*) working in a field that needed more than any other in America, the application of sound principles, in a thorough and summary manner, has stimulated public-spirited men and women all over the country to follow the example set in New York, and is thus doing great good, not only in this city, but throughout the land. In Boston, and Massachusetts generally, (partly for the special reason above named,) the work done in New York has been closely observed and its importance appreciated; and the Tenement-House Act, which follows, was copied almost verbally from a similar Act passed by the State of New York in 1867, (Chapter 908.) The New York Act, which was drafted by Mr. George Bliss, Jr., the attorney of the Metropolitan Board of Health, related only to the cities of New York and Brooklyn, just as ours relates only to the city of Boston; but legislation of this kind, when once entered upon, soon becomes general throughout the State, wherever a necessity exists, and such, I am confident, will be the case both in New York and Massachusetts. What is needed here, to give force and effect to such legislation, as well as to shape it in future emergencies, is either the establishment of a State Board of Health, or the addition of the powers of such a Board to those of the Board of State Charities, which, in the present condition of the public service, could readily be done. Indeed, one of the causes leading to the creation of your Board was the desire manifested in many quarters, and particularly among medical men, for a Board of Health with powers extending throughout the State; and this feeling was respected by Governor Andrew in appointing, among the original members of your Board, three physicians of experience in sanitary science.

With these preliminary remarks, the two Acts of 1868, to which reference has been made, are herewith submitted:

For example, Dr. Willard Parker, Dr. Edward B. Dalton, George Bliss, Jr., Esq., etc., etc.

SANITARY LEGISLATION.

The Drainage Act.

[СНАР. 160.]

AN ACT extending the provisions of Chapter Twenty-Six of the General Statutes, relating to the Preservation of the Public Health.

Be it enacted, &c., as follows:

SECT. 1. When any lands in any city or town are wet, rotten or spongy, or covered with stagnant water, so as to be offensive to persons residing in the vicinity thereof, or injurious to health, the same shall be deemed to be a nuisance, and the board of health or health officer of such city or town may upon petition and hearing, abate such nuisance in the manner provided in the following sections.

SECT. 2. Any one or more persons claiming to be injuriously affected by such nuisance may, by petition, describing the premises upon which such nuisance is claimed to exist, and setting out the nature of the nuisance complained of, apply to the board of health or health officer for its abatement, whereupon such board of health, or health officer, shall proceed to view the premises and examine into the nature and cause of such nuisance.

SECT. 3. If upon such examination the board of health or health officer shall be of opinion that the prayer of the petition or any part thereof should be granted, he or they shall appoint a time and place for a hearing upon the petition, and before the time so appointed shall cause reasonable notice of the time and place to be given to the petitioners, the persons whose lands it may be necessary to enter upon to abate the nuisance, and any other persons who may be affected by the proceedings, and, except in those cities and towns, in which the mayor and aldermen and selectmen constitute the board of health, to the mayor and the chairman of the selectmen, that they may be heard upon the necessity and mode of abating such nuisance, and the questions of damages, and of the assessment and apportionment of the expenses thereof.

SECT. 4. Such notice shall be in writing, and may be served by any person, competent to serve civil process, upon the mayor and chairman of the selectmen, the petitioners, the owner or occupant of any land upon which it may be necessary to enter, or which may be benefited thereby, or his authorized agent, or by leaving an attested copy of such notice at the last and usual place of abode of such persons; but if the lands are unoccupied, and the owner or agent is unknown, or without the state, the notice to such owner