Colo v. Treasurer & Receiver General

The plaintiffs, twenty-nine taxable inhabitants of the Commonwealth, brought suit under G. L. c. 29, § 63, to restrain the defendant from expending any public monies to pay the salaries of the chaplains of the Massachusetts House of Representatives and the Senate, and for a declaration that G. L. c. 3, § 14, which authorizes such payment, is unconstitutional. The case was reserved and reported by a single justice, and it is before us for decision on pleadings and the parties’ stipulation of facts.

We conclude that neither the statute nor the expenditure of public funds pursuant thereto…