Kingman v. City of Brockton
Massachusetts Supreme Judicial Court
Petition in equity, under the Pub. Sts. c. 27, § 129, by ten taxable inhabitants of the city of Brockton, to prevent the carrying out of an order of the city council appropriating $40,000 for the erection of a memorial hall and public library building. The case was heard by Holmes, J., who ordered the petition to be dismissed; and the petitioners appealed to this court. The facts appear in the opinion.
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Petition in equity, under the Pub. Sts. c. 27, § 129, by ten taxable inhabitants of the city of Brockton, to prevent the carrying out of an order of the city council appropriating $40,000 for the erection of a memorial hall and public library building. The case was heard by Holmes, J., who ordered the petition to be dismissed; and the petitioners appealed to this court. The facts appear in the opinion. The case was argued at the bar in October, 1890, and after-wards, in January, 1891, was submitted on the briefs to all the judges.
1Opinion of the CourtC. Allen, J.
The counsel for the petitioners does not controvert the constitutionality of the statute itself, St. 1890, c. 432,* under which the city council has assumed to act. That statute authorizes the city to appropriate a sum of money for the erection of a memorial hall, to be used and maintained as a memorial to the soldiers and sailors of the war of the Rebellion. This may properly be deemed to be a public purpose, and a statute authorizing the raising of money by taxation for the erection of such a memorial hall may be vindicated on the same grounds as statutes authorizing the raising of money…
2Cases cited13 opinions
- Loan Assn. v. TopekaSupreme Court of the United States · 1875
- Parkersburg v. BrownSupreme Court of the United States · 1883
- Cole v. La GrangeSupreme Court of the United States · 1885
- Ottawa v. CareySupreme Court of the United States · 1883
- Mead v. Inhabitants of ActonMassachusetts Supreme Judicial Court · 1885
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3Cited by48 opinions
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- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
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- Laughlin v. City of PortlandSupreme Judicial Court of Maine · 1914
- Beach v. BradstreetSupreme Court of Connecticut · 1912
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