City of Boston v. City of Chelsea
Massachusetts Supreme Judicial Court
Petition, filed in the Supreme Judicial Court on November 16, 1911, by the city of Boston under Res. 1910, c. 109, as amended by St- 1911, c. 482, asking for the appointment of a commission to consider and report what proportion of the expenses of the county of Suffolk, if any, should be borne by the city of Chelsea and the towns of Revere and Winthrop.
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Petition, filed in the Supreme Judicial Court on November 16, 1911, by the city of Boston under Res. 1910, c. 109, as amended by St- 1911, c. 482, asking for the appointment of a commission to consider and report what proportion of the expenses of the county of Suffolk, if any, should be borne by the city of Chelsea and the towns of Revere and Winthrop. The respondents the city of Chelsea and the town of Revere demurred and the respondent the town of Winthrop filed an answer containing a demurrer, all of them alleging that the resolve and statute were unconstitutional. The case came on to be…
1Opinion of the CourtRugg, C. J.
Article 30 of the Declaration of Rights of our Constitution provides that “In the government of this Commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men.” It has been decided many times that the Legislature cannot delegate the power to make laws conferred upon it by a constitution sharply…
2Cases cited18 opinions
- Brodbine v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1903
- KingmanMassachusetts Supreme Judicial Court · 1891
- Stone v. City of CharlestownMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. MaletskyMassachusetts Supreme Judicial Court · 1909
- Wyeth v. Board of Health of CambridgeMassachusetts Supreme Judicial Court · 1909
13 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
- Wallace v. Commissioner of TaxationSupreme Court of Minnesota · 1971
- Commonwealth v. Town of HudsonMassachusetts Supreme Judicial Court · 1943
- Bradley v. Board of Zoning AdjustmentMassachusetts Supreme Judicial Court · 1926
- Stiles v. Municipal CouncilMassachusetts Supreme Judicial Court · 1919
44 more not listed; retrieve them via the Exa API.