Kingman
Massachusetts Supreme Judicial Court
Petition under the St. of 1889, c. 439,* by the Metropolitan Sewerage Commissioners, applying for the appointment of the commissioners provided for in § 13 of the act, to determine the proportion in which each of the cities and towns included under the act should bear the expense of the system of sewers contemplated.
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Petition under the St. of 1889, c. 439,* by the Metropolitan Sewerage Commissioners, applying for the appointment of the commissioners provided for in § 13 of the act, to determine the proportion in which each of the cities and towns included under the act should bear the expense of the system of sewers contemplated. Answers were filed by the cities of Somerville and Newton, and the towns of Melrose, Brookline, and Watertown, alleging that the act was unconstitutional, for the following reasons : because of the power given therein to commissioners to apportion the assessments and taxes to be…
1Opinion of the CourtC. Allen, J.
The constitutionality of the St. of 1889, c. 439, is attacked by the different respondents on several grounds.
The first objection is, that the object in view, which is to provide for the disposal of sewage from a number of cities and towns, is not of such a character that the Legislature can properly appropriate money in furtherance of it from the treasury of the Commonwealth. It is admitted that public money of the Commonwealth may properly be expended in aid of the construction of roads, bridges, canals, and railroads, to increase facilities for communication, and this has occasionally been…
2Cases cited30 opinions
- People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
- Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
- Dingley v. City of BostonMassachusetts Supreme Judicial Court · 1868
- Stone v. City of CharlestownMassachusetts Supreme Judicial Court · 1873
- Thomas v. GainMichigan Supreme Court · 1876
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3Cited by65 opinions
- Paro v. Longwood HospitalMassachusetts Supreme Judicial Court · 1977
- Welch v. SwaseyMassachusetts Supreme Judicial Court · 1907
- Prince v. CrockerMassachusetts Supreme Judicial Court · 1896
- Commonwealth v. Town of HudsonMassachusetts Supreme Judicial Court · 1943
- Bradley v. Board of Zoning AdjustmentMassachusetts Supreme Judicial Court · 1926
60 more not listed; retrieve them via the Exa API.