Ashton v. Treasurer of City of Fall River

• Decision Date: 29 June 1934
• Parties: ASHTON et al. v. TREASURER OF CITY OF FALL RIVER et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

287 Mass. 276

191 N.E. 393

ASHTON et al.

v.TREASURER OF CITY OF FALL RIVER et al.

Supreme Judicial Court of Massachusetts, Bristol.

June 29, 1934.

Appeal from Supreme Judicial Court, Bristol County.

Suit by Thomas N. Ashton and others against the Treasurer of the City of Fall River. From a decree of dismissal, plaintiffs appeal.

Affirmed.

N. F. Smith, of Fall River, for appellants.

E. T. Murphy, Corp. Counsel, of Fall River, for appellees.

CROSBY, Justice.

This is a bill in equity brought by ten taxpayers of the city of Fall River to restrain the alleged use of surplus water funds for municipal purposes other than for the maintenance of the waterworks system of the city, and payments required to be made in connection therewith.

St. 1931, c. 403, § 1, provides that ‘During the period of the existence of the Fall River Board of Finance established by chapter forty-four of the acts of nineteen hundred and thirty-one, all money received by the city collector of the city of Fall River for water rates and charges shall be paid by him to the city treasurer and so much thereof as may be required shall be appropriated by the city council of said city for the following purposes:-For necessary expenses of maintenance, operation, repairs, extension and improvements of the water works system of the city; for payment of interest on water loans; for payments on account of sinking funds of water loans and payments of principal on said loans; and for the payment of costs and expenses incurred under chapter one hundred and fourteen of the acts of eighteen hundred and ninety-one and acts in addition thereto and in amendment thereof. The balance, if any, after the payments for the aforesaid purposes may, during the period aforesaid, be appropriated for such other municipal purposes as the city council may from time to time determine, subject to the provisions of general law so far as applicable.’ Section 3 of the act further provided that during the period of the existence of the Fall River Board of Finance, the operation of the provisions of any law inconsistent therewith should be suspended.

St. 1908, c. 320, § 1, provides that the water department of the city shall continue to be in charge of the Watuppa Water Board. Section 2 of the act recites that ‘Said water board may set aside and use so much of the surplus from the receipts of the water department as the board may deem proper, for the construction and maintenance of a water reservoir on the western shore of the North Watuppa pond, or of tanks in the city, to supply the city with water, in addition to the maintenance and extension of its water works plant and pumping station, and also for an emergency fund of not less than thirty thousand dollars, to be used in case of emergency, to renew or replace any part of the plant necessary to supply water for domestic or manufacturing purposes, or for the extinguishment of fires in the said city.’ Section 3 recites that ‘The city council of the city shall not pass any ordinance which would prevent or impair the exercise of the powers herein granted. And the provisions of this act shall have full force and effect, any ordinance to the contrary notwithstanding.’

St. 1871, c. 133, § 17, provides that ‘The city...