Legal Opinion

Larcom v. Olin

Massachusetts Supreme Judicial Court

Decided November 10, 1893PublishedCited by 28 opinions

The first case was a petition by inhabitants, taxpayers and voters of the town of Beverly, for a writ of mandamus to command the Secretary of the Commonwealth not to attest or deliver to the clerk of said town, or to any other person or persons, a copy of the provisions of the articles of city government in the form consented to by a vote of a majority of the inhabitants of the town present and voting at a meeting called for the purpose in response to the propositions…

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The first case was a petition by inhabitants, taxpayers and voters of the town of Beverly, for a writ of mandamus to command the Secretary of the Commonwealth not to attest or deliver to the clerk of said town, or to any other person or persons, a copy of the provisions of the articles of city government in the form consented to by a vote of a majority of the inhabitants of the town present and voting at a meeting called for the purpose in response to the propositions provided in St. 1892, c. 377, § 1. The second case was a petition by inhabitants, taxpayers and voters of the town of Beverly,…

1Opinion of the CourtField, C. J.

It has always been considered doubtful whether the Constitution of this Commonwealth, as originally adopted, authorized the General Court to constitute city governments. It was probably for this reason that the Constitutional Convention of 1820 recommended the adoption of what is now Art. II. of the Amendments, and the authority of the General Court’ in this respect must now be determined by the construction to be given to this amendment. Journal Mass. Convention of 1820-21, 57,125, 192-196, 407-409. Warren v. Mayor, &c. of Charlestown, 2 Gray, 84, 101. Hill v. Boston, 122 Mass. 344, 354 et…

2Cases cited8 opinions

  1. Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
  2. Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1877
  3. United States Ex Rel. Boynton v. BlaineSupreme Court of the United States · 1891
  4. Baldwin v. Inhabitants of WilbrahamMassachusetts Supreme Judicial Court · 1886
  5. Carlton v. City of SalemMassachusetts Supreme Judicial Court · 1869

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3Cited by28 opinions

  1. Welch v. SwaseyMassachusetts Supreme Judicial Court · 1907
  2. Prince v. CrockerMassachusetts Supreme Judicial Court · 1896
  3. Commonwealth v. Town of HudsonMassachusetts Supreme Judicial Court · 1943
  4. Horton v. Attorney GeneralMassachusetts Supreme Judicial Court · 1929
  5. Brodbine v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1903

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