Fitzgerald v. Mayor of Boston
Massachusetts Supreme Judicial Court
Petition, filed in the Supreme Judicial Court on January 13, 1915, and afterwards amended, for a writ of certiorari to quash the action of the city council of Boston under St. 1914, c. 630, in making a new division of the city into wards.
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Petition, filed in the Supreme Judicial Court on January 13, 1915, and afterwards amended, for a writ of certiorari to quash the action of the city council of Boston under St. 1914, c. 630, in making a new division of the city into wards. St. 1914, c. 630, is as follows: “Section 1. The city council of the city of Boston shall, before the first day of January in the year nineteen hundred and fifteen, make a new division of the territory of the city of Boston into not less than twenty-four nor more than thirty-six wards. The boundaries of the wards shall so be arranged that the wards shall…
1Opinion of the CourtRugg, C. J.
The General Court declared in 1914 that there should be a new division of the territory of the city of Boston into wards. It might have made the division itself. That was a *505legislative matter within its constitutional powers. But it decided to impose that duty upon the members of the city council of the city of Boston. In substance it constituted them its committee and delegated to. them its authority to this end. The delegation of this power was coupled with the positive command that the division must be completed before January 1, 1915, and that the number of wards should be not less than…
2Cases cited9 opinions
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- KingmanMassachusetts Supreme Judicial Court · 1891
- Locke v. Selectmen of LexingtonMassachusetts Supreme Judicial Court · 1877
- Flanders v. RobertsMassachusetts Supreme Judicial Court · 1903
- Moede v. County of StearnsSupreme Court of Minnesota · 1890
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3Cited by12 opinions
- Attorney General v. Suffolk County Apportionment CommissionersMassachusetts Supreme Judicial Court · 1916
- Marcus v. Board of Street CommissionersMassachusetts Supreme Judicial Court · 1925
- Clark v. City Council of WalthamMassachusetts Supreme Judicial Court · 1951
- Town of Concord v. Attorney GeneralMassachusetts Supreme Judicial Court · 1957
- Madden v. Board of Election CommissionersMassachusetts Supreme Judicial Court · 1925
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