Flood v. Leahy
Massachusetts Supreme Judicial Court
Petition, filed September 3, 1902, under R. L. c. 25, § 100, by ten taxable inhabitants of the town of Randolph, to restrain the first named respondent, the treasurer of that town, from borrowing $300 for the purpose of carrying out a vote passed at a special town meeting, in regard to requiring the insertion of certain conditions in any location or franchise to be granted to the Old Colony Street Railway Company, and to restrain the other respondents, acting as a committee,…
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Petition, filed September 3, 1902, under R. L. c. 25, § 100, by ten taxable inhabitants of the town of Randolph, to restrain the first named respondent, the treasurer of that town, from borrowing $300 for the purpose of carrying out a vote passed at a special town meeting, in regard to requiring the insertion of certain conditions in any location or franchise to be granted to the Old Colony Street Railway Company, and to restrain the other respondents, acting as a committee, from employing counsel in accordance with the vote. The respondents demurred to the petition. In the Superior Court…
1Opinion of the CourtHammond, J.
The power of a town to raise money by taxation is not commensurate with the power to tax which is conferred by the Constitution upon the Legislature. It is entirely a creature of statute, including only so much of the general power as the Legislature delegates to the town. The only question raised in this case is whether the purpose for which the money was to be expended was a “ necessary charge ” within the meaning of the last clause of R. L. c. 25, § 15. This clause has been called many times to the attention of the court, and its general scope has been quite clearly outlined.
So far as…
2Cases cited4 opinions
- Stetson v. KemptonMassachusetts Supreme Judicial Court · 1816
- Minot v. Inhabitants of West RoxburyMassachusetts Supreme Judicial Court · 1873
- Curran v. Inhabitants on HollistonMassachusetts Supreme Judicial Court · 1881
- Dunn v. Inhabitants of FraminghamMassachusetts Supreme Judicial Court · 1882
3Cited by16 opinions
- State Ex Rel. Richards v. MoorerSupreme Court of South Carolina · 1929
- Codman v. CrockerMassachusetts Supreme Judicial Court · 1909
- Selectmen of Clinton v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Cheney v. BarkerMassachusetts Supreme Judicial Court · 1908
- Board of Survey v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1916
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