Commonwealth v. Maletsky
Massachusetts Supreme Judicial Court
Complaint, filed in the Police Court of Chelsea on August 18, 1908, charging the defendant with using a certain building in Chelsea for the purpose of picking, sorting and storing rags therein, without a permit in writing from the chief of the fire department of Chelsea. In the Police Court the defendant was found guilty, and appealed from his sentence to the Superior Court.
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Complaint, filed in the Police Court of Chelsea on August 18, 1908, charging the defendant with using a certain building in Chelsea for the purpose of picking, sorting and storing rags therein, without a permit in writing from the chief of the fire department of Chelsea. In the Police Court the defendant was found guilty, and appealed from his sentence to the Superior Court. In the Superior Court the case was submitted to Harris, J., upon an agreed statement of facts as follows: This complaint was brought under the provisions of c. 30, § 64, of the Ordinances of the city of Chelsea, passed by…
1Opinion of the CourtSheldon, J.
The first sentence of c. 30, § 64, of the City Ordinances of Chelsea reads as follows: “No person shall use, occupy or maintain any building for the purpose of picking, sorting or storage of rags therein, without a permit in writing from the chief of the fire department.” The fundamental question now presented is whether this prohibition can be enforced as a valid exercise of the police power. And the question really is whether the prohibition can be upheld under the provisions of R. L. c. 104, § 1, that “Every city, except Boston, and every town which accepts the provisions of this section…
2Cases cited46 opinions
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