Dearborn v. Inhabitants of Brookline
Massachusetts Supreme Judicial Court
Petition filed March 28, 1866, under the Gen. Sts. c. 18, $ 79, by ten and more taxable inhabitants of Brookline for an injunction to restrain the assessors, the treasurer, and the trustees of the public library, of that town, from carrying into effect certain votes passed at the annual town-meeting on March 19 namely, to purchase “ for the use of a free public library ” a certain lot of land, appropriating thirty-seven hundred dollars therefor, to be raised by taxation ; to…
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Petition filed March 28, 1866, under the Gen. Sts. c. 18, $ 79, by ten and more taxable inhabitants of Brookline for an injunction to restrain the assessors, the treasurer, and the trustees of the public library, of that town, from carrying into effect certain votes passed at the annual town-meeting on March 19 namely, to purchase “ for the use of a free public library ” a certain lot of land, appropriating thirty-seven hundred dollars therefor, to be raised by taxation ; to erect on the lot when purchased “ a suitable building for a free public library,” appropriating twenty thousand dollars…
1Opinion of the CourtBigelow, C. J.
We cannot bring ourselves to entertain a doubt concerning the interpretation of the statute upon which this controversy hinges. In the first place, the grammatical construction of the words does not lead to the conclusion for which the petitioners contend. A town or city is authorized to “ appropriate money for suitable buildings or rooms,” and for “ the foundation of a library a sum not exceeding one dollar for each of its ratable polls.” Gen. Sts. 33, § 9. The words “ not exceeding ” in that sentence do not necessarily qualify and limit the entire first clause. On the contrary, we think it…
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