Attorney General v. City Council
Massachusetts Supreme Judicial Court
Information * by the attorney general, filed April 14, 1873, praying that a writ of mandamus should issue, directed to the members of the board of aldermen, and of the common council of the city of Lawrence, commanding them to meet in convention and proceed to elect a commissioner of streets.
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Information * by the attorney general, filed April 14, 1873, praying that a writ of mandamus should issue, directed to the members of the board of aldermen, and of the common council of the city of Lawrence, commanding them to meet in convention and proceed to elect a commissioner of streets. An alternative writ of mandamus was issued on April 15, 1873. At the hearing before Wells, J., on the return to the alternative writ, it appeared that the city council of the city of Lawrence consisted of two branches: the board of aldermen, composed of six members; and the common council, composed of…
1Opinion of the CourtColt, J.
By the terms of the charter the city government of Lawrence has the right to prescribe by ordinance the time and mode of electing a commissioner of streets. St. 1853, o. 70, § 8. Under this power an ordinance has been passed providing that the city council in convention, by ballot, shall annually appoint a commissioner of streets, who shall hold until a successor be appointed. Upon the first organization of the city government in May 1853, this officer was appointed in that month, but since then, until the present year, he has been annually appointed in the month of January.
The duty is thus…
2Cited by6 opinions
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