to the fact that the trawler fishermen receive a definite salary in addition to their share in the proceeds.

As a general rule, the fish caught does not belong to the fishermen. While the pay received by the fisherman depends, at least in part, upon the value of the cargo, he cannot be considered the owner of such cargo, but still remains an employee. Baxter v. Rodman, 3 Pick. 435. Cambra v. Santos, decided May 24, 1919.

In this situation it is difficult to see how the fishermen may, by arrangement with dealers to whom the fish may be sold, fix a minimum price thereon, when, as above pointed out, the fish is not owned by them.

It is too well recognized to require the citation of authorities that employees have a right, both under the laws of this Commonwealth and of the United States, to combine and contract with their employer as to what wages they shall receive.

This right on the part of the employees, however, does not include the right to dictate to their employer as to the manner and terms upon which the product of the employees' labor shall be sold, and a combination to effect this, in my judgment, would be an unlawful combination. While it is true that combinations of workmen by collectively bargaining as to the wages they shall receive necessarily affect the price of the product of their labor, this is an incident necessarily flowing from the exercise of this right. When, however, a combination of workmen, under the guise of collective bargaining as to wages, attempts to fix the price at which the product of their labor shall be sold by their employer, they exceed their lawful rights, and the combination becomes unlawful. And I think it is equally plain that it is unlawful for such a combination to enter into agreements with the purchasers of the product, by which it is agreed that the product shall be bought only on certain terms.

I do not mean to intimate that I am of the opinion that an agreement may not legally be effected between the fishermen and their employer by which the wages to be paid are fixed upon the basis that the fish caught is of a certain minimum value. Assuming, therefore, that the facts are as I understand them, your question is to be answered in the affirmative.

Very truly yours,

HENRY C. ATTWILL,
Attorney-General.

IV.

RECOMMENDATIONS CONCERNING LABOR IN THE INAUGURAL ADDRESS OF THE GOVERNOR, 1919.

HOUSING AND WORKING CONDITIONS.

Increased respect for man has brought increased respect for his environment and occupation. Housing and working conditions are a matter of the gravest public concern. It has been the practice of the General Court to survey this field always with great care, until these conditions in Massachusetts are unsurpassed in any other jurisdiction. But this work is not done. The health, social, and economic conditions of our citizens must continue to improve with the increase of our resources. That same watchful care which has justified past legislation over housing, sanitation, hours of labor, and conditions of employment in different occupations must be maintained.

The ability to work, to achieve, to act for an infinite variety of ends places man in his supreme position in all creation. But it has been by a conservation rather than a destruction of human resources that civilization has advanced. If in any respect you find conditions bearing too heavily upon those who toil, do what you can for their relief. Let them know the government has for them great solicitude. No progress was ever made by regarding mankind as cheap.

VOCATIONAL EDUCATION.

Next to maintaining ordered liberty comes the public duty of providing education. Other localities surpass ours in the possession of natural resources. Our strength lies in the skill, energy, and intelligence of our citizens. Knowing more they accomplish more. If this mental supremacy should pass from us we could no longer compete with regions more naturally favored. Looking at the material and practical side of the problem it is clear that education is a necessary matter of business. Trade, vocational, and technical schools must be established, encouraged, and maintained. These courses of instruction must be pursued with great thoroughness. This has come to be well understood by all students of our conditions and needs. A democracy requires equal opportunity of training for all avenues of life. Profession and artisan, doctor and mechanic, are alike entitled to the solicitous care of the State in providing for their education.

But this effort for a practical education will be in vain if we look at the practical side alone. Education must teach more than the ability to earn a livelihood, — it must teach the art of living. It is less important to teach what to think than how to think. The end sought should be broad and liberal rather than narrow and technical. The ideals of the classics, the humanities, must not be neglected. After all, it is only the ideal that is practical. . . .

PRODUCTION AND MATERIAL WELFARE.

No State under which the government was indifferent to the material welfare of its citizens would be worthy of support. In the long run this depends upon one condition, and that is the amount of production. Production in turn depends upon the chance to conduct enterprises at a profit. When business activities are encouraged it is therefore for the public welfare. The investment of capital should be welcomed and made profitable. On that depends the solution of every social and economic problem. The war has shown that it is not money which must be had, but materials, shelter, food, and clothing. Money that cannot be exchanged for these has little value. It is of supreme public importance that production be stimulated. Without it all other effort for human betterment is in vain.

One of the chief means of lessening the burdens of man and increasing his material blessings has been the production of mobile mechanical power. First steam and then electricity was brought into service. There can be no doubt of the great benefits derived from the development of electrical power from coal and water. Central power stations at tidewater and inland water-power development should be stimulated and encouraged. On the increase of such power will depend the place we shall hold in future civilization.

EMPLOYMENT for ReturninG SOLDIERS AND SAILORS.

The men on whom fell the task of saving our civilization are returning to us. Nearly 200,000 of the best Massachusetts had are coming home. No welcome could measure the worth of their services or express our appreciation of their sacrifices. It is enough to say that they have kept Massachusetts still first.

By the mercy of Providence most of them are in the vigor of manhood. They met the conditions of war and will meet the conditions of peace. But it were an empty welcome which did not extend to these heroes of land and sea every aid in returning to the ranks of production. There is no lack of work in the world. The need of products was never so great. But modern production requires organization. We must organize, so far as possible, all private enterprise for the employment of all who are discharged from war service. We shall fail in the object of aiding the men who have borne arms if we forget the men who have been in industry. Both are deserving. This is a question of business rather than government. There may be less difficulty in readjustment than is anticipated, but the contingency must not be disregarded. There is no need for treating it as an actuality. Provision should be made for loans, if need arise, for reforestation, reclamation of land, erection of houses under the homestead law, and other public works to provide employment in contingency for discharged soldiers and sailors.

Some are returning broken of body and mind. Until discharged they will be under the care of the United States. After that whatever the Federal government fails to provide for their needs and their dependents should be provided by our Commonwealth. No man incapacitated in the service should ever want for a reasonable support. In addition to this there must be the opportunity of rebuilding, training, education, and employment. That these numbers are mercifully small requires from us the better service to each individual.

Already a committee has been appointed to meet and welcome men as they return. It has been suggested that each be awarded an appropriate service medal. This should be done at once. Further provision should be made for relief during any interval of inability to find employment, and every resource of the Commonwealth used to aid in placing men at once in profitable production. . . .

HOMESTEADS.

For some years there has been a movement to encourage home owning. Recently a constitutional amendment was adopted and a law passed to promote this purpose. It is administered by the Homestead Commission. A beginning has been made.

The underlying purpose is to raise the standard of citizenship. Nothing is so effective in this respect as an interest in real estate, a home. This work is only in embryo. It should be enlarged. Inducements should be made to encourage home building in a much larger way, not only by the State, but through local activities, through the providing of capital and loans at low rate of interest and some exemption from taxation.

AGRICULTURE.

The foundation of our national prosperity depends on agriculture. The tillers of the soil hold the ideal position for the development of good citizenship. It is earnestly recommended that means be provided for encouraging agricultural development, for co-operating with the various agencies through which it is promoted, and for assisting in the profitable marketing of its products.

CONCLUSION.

Let there be a purpose in all your legislation to recognize the right of man to be well born, well nurtured, well educated, well employed, and well paid. This is no gospel of ease and selfishness, or class distinction, but a gospel of effort and service, of universal application.

V.

TABLE SHOWING DISPOSITION OF STATUTES, 1915 TO 1919, INCLUSIVE, CITED IN THIS BULLETIN.

NOTE. References to chapters and sections refer to the statutes. Paragraph numbers refer to the paragraphs in this bulletin. In the column headed "chapter" the chapter numbers have not been repeated. Where a dash appears in the column headed "section" it indicates that reference is made to the entire act.

1 See footnote on page 10.

2 Acts, 1915, c. 259, § 13, repealed R. L., c. 102, §§ 78-86, and all acts and amendments thereof and in addition thereto. (See paragraphs 1001-1014 and 1016.)