Dunn v. Inhabitants of Framingham
Massachusetts Supreme Judicial Court
Petition in equity, filed July 5, 1881, under {he Gen. Sts. c. 18, § 79, by twelve persons, representing that they were all taxable inhabitants of Framingham; that on April 4, 1881, a town meeting of the town was held in pursuance of a warrant issued by the selectmen therefor, which warrant contained, among others, the following article: “ To see if the town will take any action in regard to the enforcement of the liquor law, or pass any vote relative thereto; ” that this…
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Petition in equity, filed July 5, 1881, under {he Gen. Sts. c. 18, § 79, by twelve persons, representing that they were all taxable inhabitants of Framingham; that on April 4, 1881, a town meeting of the town was held in pursuance of a warrant issued by the selectmen therefor, which warrant contained, among others, the following article: “ To see if the town will take any action in regard to the enforcement of the liquor law, or pass any vote relative thereto; ” that this article came up for consideration during the meeting, and the following votes were separately passed by a majority of the…
1Opinion of the CourtMorton, C. J.
The only question presented to us in this case is, whether a town has the right to raise and appropriate money for “ the enforcement of the liquor law,” and “ to employ efficient agents and counsel to suppress the sale of intoxicating liquors.”
Towns derive all their authority to tax their inhabitants from the statutes. If the authority to tax for a particular purpose is drawn in question, we must look to the statutes to see if it is found there, either by express terms or by clear implication. The Gen. Sts. c. 18, § 10, provide that towns may grant and vote such sums as they judge necessary…
2Cases cited1 opinion
- Minot v. Inhabitants of West RoxburyMassachusetts Supreme Judicial Court · 1873
3Cited by3 opinions
- Flood v. LeahyMassachusetts Supreme Judicial Court · 1903
- Crocker v. DeschenesMassachusetts Supreme Judicial Court · 1934
- Leonard v. Inhabitants of MiddleboroughMassachusetts Supreme Judicial Court · 1908