Legal Opinion

Opinion of the Justices to the House of Representatives

Massachusetts Supreme Judicial Court

Decided July 1, 1890PublishedCited by 36 opinions

The following order was adopted by the House of Representatives on May 22, 1890, and thereupon transmitted to the Justices of the Supreme Judicial Court, who, on May 27, 1890, returned the opinion which is subjoined. Ordered, That the opinion of the Justices of the Supreme Judicial Court be required upon the following important questions of law: First.

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The following order was adopted by the House of Representatives on May 22, 1890, and thereupon transmitted to the Justices of the Supreme Judicial Court, who, on May 27, 1890, returned the opinion which is subjoined. Ordered, That the opinion of the Justices of the Supreme Judicial Court be required upon the following important questions of law: First. Is it within the constitutional power of the Legislature to enact a law conferring upon cities and towns within this Commonwealth the power to manufacture gas or electric light for use in the public streets and buildings of such cities and…

1Opinion of the Court

To the Honorable House of Representatives of the Commonwealth of Massachusetts:

We received on May 24, 1890, your order of May 22, 1890, a copy of which is annexed, and we respectfully submit the following opinion.

In considering the questions asked, we assume that the power to be conferred is not merely a power to receive and use property given in trust for the purposes named, but is a power to raise money by taxation, and by means of it to construct and maintain works for the manufacture and distribution of gas or electricity, to be used by the municipalities for lighting the public streets…

2Cases cited1 opinion

  1. Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1873

3Cited by36 opinions

  1. Allydonn Realty Corp. v. Holyoke Housing AuthorityMassachusetts Supreme Judicial Court · 1939
  2. Commonwealth v. Town of HudsonMassachusetts Supreme Judicial Court · 1943
  3. Consumers Coal Co. v. City of LincolnNebraska Supreme Court · 1922
  4. City of Tombstone v. MacIaArizona Supreme Court · 1926
  5. Simon v. State Examiners of ElectriciansMassachusetts Supreme Judicial Court · 1985

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