Long v. Sargent
Massachusetts Supreme Judicial Court
Petition by Long and four others, claiming to be firewards of the town of Melrose, and asking for a mandamus to issue against the respondents, selectmen of the town, commanding them to deliver to the petitioners certain badges which had been furnished by the town for its firewards to wear or carry to fires, as required by law, and were in the custody of the respondents.
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Petition by Long and four others, claiming to be firewards of the town of Melrose, and asking for a mandamus to issue against the respondents, selectmen of the town, commanding them to deliver to the petitioners certain badges which had been furnished by the town for its firewards to wear or carry to fires, as required by law, and were in the custody of the respondents. The case was submitted on agreed facts substantially as follows: The petitioners were duly chosen firewards, and the respondents duly chosen selectmen, of Melrose, for the year 1868. There were badges in the possession and…
1Opinion of the CourtWells, J.
The power of selectmen to establish a fire department under the Gen. Sts. c. 24, §§ 23-31, is not derived from the town, and they cannot be deprived of it by vote of the town. It is not dependent upon the contingency of a failure on the part of the town to elect ¿rewards.
In the absence of a fire department, it devolves upon the selectmen to appoint enginemen ; to direct in the formation of engine, hose and other companies; to prescribe their duties; to approve the rules and regulations that such companies may adopt in their organization; and to discharge those wfio are negligent in their…
2Cited by5 opinions
- Anderson v. WilliamsCourt of Appeals for the Eighth Circuit · 1922
- Andrews v. YoumansWisconsin Supreme Court · 1892
- Castagna's CaseMassachusetts Supreme Judicial Court · 1941
- Bowers v. Selectmen of NeedhamMassachusetts Supreme Judicial Court · 1914
- Randell v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1903