McMinn v. Mayor of Cambridge
Massachusetts Supreme Judicial Court
Petition, filed on July 3,1916, for a writ of mandamus addressed to the mayor of Cambridge, commanding him to sign a license of the sixth class granted to the petitioner by the board of aldermen or city council to sell intoxicating liquors in the premises numbered 272 on Broadway in Cambridge maintained by the petitioner as a retail druggist and apothecary.
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Petition, filed on July 3,1916, for a writ of mandamus addressed to the mayor of Cambridge, commanding him to sign a license of the sixth class granted to the petitioner by the board of aldermen or city council to sell intoxicating liquors in the premises numbered 272 on Broadway in Cambridge maintained by the petitioner as a retail druggist and apothecary. The case was submitted upon an agreed statement of facts to Crosby, J., who found the facts to be as stated in the agreed statement of facts and ruled that under R. L. c. 100, § 22, and upon the facts as stated the power to grant licenses…
1Opinion of the CourtLoedstg, J.
The granting of liquor licenses of the sixth class in the city of Cambridge is vested in the city council unless a veto power is given to the mayor by St. 1915, c. 267, Part III, §8.
It is provided by R. L. c. 100, §22, (amended by St. 1915, c. 200,) that the granting or not granting of a sixth class liquor license to a retail druggist or apothecary is vested in the mayor and aldermen in case of a city where there is no licensing board. There was no licensing board in the city of Cambridge. By force of R. L. c. 8, § 5, cl. 10, the mayor and aldermen in such a case mean the board of aldermen.…
2Cases cited3 opinions
- Larcom v. OlinMassachusetts Supreme Judicial Court · 1893
- Braconier v. PackardMassachusetts Supreme Judicial Court · 1883
- Deehan v. JohnsonMassachusetts Supreme Judicial Court · 1886
3Cited by4 opinions
- Brucato v. City of LawrenceMassachusetts Supreme Judicial Court · 1959
- Dooling v. City CouncilMassachusetts Supreme Judicial Court · 1922
- Bailen v. Board of Assessors of ChelseaMassachusetts Supreme Judicial Court · 1922
- Crocker v. DeschenesMassachusetts Supreme Judicial Court · 1934