Report of the Attorney General for the Year Ending ..

Cover Report of the Attorney General for the Year Ending ..
Report of the Attorney General for the Year Ending ..
Massachusetts. Attorney General's Office
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In my opinion, in performing the duties intrusted to you by law you ought not to question uigiTized by VjOOQIC 62 ATTORNEY-GENERAL'S REPORT. [Jan, a determination of this character once made by him, unless you are satisfied that it was plainly wrong.
If an employee is appointed and carried on the pay roll as an ofiicer, that fact may, prima fade, entitle him to the benefits of this statute, though it is not conclusive. Calling a clerk an ofiicer, of course, cannot make him such. Nor does the fa
...ct that an employee may occasionally, as an incidental part of his work, have some supervision over a few of the prisoners who are assigned to work in his department make him an officer. It must be a regular and substantial part of his duty to have charge and control of prisoners in order to bring him within the definition of prison officers to which I have referred. Thus, the engineers, assistant engineers and stewards or cooks cannot, in my opinion, be regarded as officers merely because prisoners are from time to time assigned to work in their departments under their direction.

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