Hubbard v. City of Taunton
Massachusetts Supreme Judicial Court
Petition, by ten taxable inhabitants of the city of Taunton, alleging that said city, by its city council, had voted to pay from its treasury the sum of $200 for the purpose of paying the Taunton Cadet Band for twelve public concerts to be given by said band in said city; that only two of the concerts had been given by said band; and that none of the money had yet been paid.
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Petition, by ten taxable inhabitants of the city of Taunton, alleging that said city, by its city council, had voted to pay from its treasury the sum of $200 for the purpose of paying the Taunton Cadet Band for twelve public concerts to be given by said band in said city; that only two of the concerts had been given by said band; and that none of the money had yet been paid. The prayer of the petition was, that the city, its officers, agents, and servants, might be restrained from paying said sum of $200; and that such other orders and decrees might be made as were necessary or proper. The…
1Opinion of the CourtHolmes, J.
The only question presented to us is whether the Pub. Sts. c. 28, § 13, (St. 1861, e. 165,) can be interpreted to authorize a city to appropriate money for public concerts by *468a band. The statute was passed just after the decision in Hood v. Mayor & Aldermen of Lynn, 1 Allen, 103, that the celebration. of the Fourth of July was not among the “ other necessary charges” for which towns were authorized to expend money. Pub. Sts. e. 27, § 10. It provided that, by a yea arid nay vote of two thirds of the members of each branch present and voting, city councils might appropriate a comparatively…
2Cited by23 opinions
- General Outdoor Advertising Co. v. Department of Public WorksMassachusetts Supreme Judicial Court · 1935
- State ex rel. Civello v. City of New OrleansSupreme Court of Louisiana · 1923
- Attorney General v. WilliamsMassachusetts Supreme Judicial Court · 1899
- City & County of Denver v. HallettSupreme Court of Colorado · 1905
- Daggett v. ColganCalifornia Supreme Court · 1891
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