Briggs v. Whitney

• Decision Date: 17 May 1893
• Parties: BRIGGS et al. v. WHITNEY et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

159 Mass. 97

34 N.E. 179

BRIGGS et al. v. WHITNEY et al.

Supreme Judicial Court of Massachusetts, Norfolk.

May 17, 1893

COUNSEL

C.H. Drew and F.L. Creesy, for petitioners.

M. & C.A. Williams, for respondents.

OPINION

KNOWLTON J.

The principal question in this case is whether, under the statute of 1875, c. 185, entitled "An act for the laying out of public parks in or near the city of Boston," assessments may be made for benefits received from the laying out of a public park in a town adjoining the city of Boston, which has accepted the provisions of the statute. Section 16 is as follows: "The mayor of any city adjoining the city of Boston may, at any legal meeting called for the purpose elect park commissioners, who shall have powers similar to those hereinbefore given to the park commissioners of the city of Boston, to lay out and improve parks within said adjoining city or town, in conjunction or connection with any park laid out in Boston, and any park laid out by the park commissioners of such adjoining city or town shall be subject to similar provisions to those hereinbefore made, regarding parks in Boston, and such adjoining city or town have similar rights, and be subject to similar duties, to those hereinbefore given and imposed upon the city of Boston in relation to incurring debts for the purpose of defraying expenses incurred under this act: provided, however, that the provisions of this section shall not apply to any such adjoining city that has not accepted the same by a vote of a majority of the legal voters at the annual meeting for the choice of municipal officers." It is contended by the petitioners that, inasmuch as there is no mention of the assessment of betterments in this section, no authority to adopt this particular mode of taxation is conferred. The object of the section seems to be to apply to cities and towns adjoining the city of Boston the same provisions in regard to laying out parks in connection with parks laid out in Boston as are made in the preceding sections for the laying out of parks in that city. The most general language is used, without specification or statement in detail, and we think any one reading the section, without attempting analysis of it, would say at once that the purpose of the legislature was to put the cities and towns referred to in the same position, in reference to laying out adjacent parks as Boston itself, in regard to those within its own boundaries. If we look at the section more critically, in connection with the other parts of the chapter, we reach the same result. In the first place, park commissioners chosen in one of these towns have powers similar to those given to the park commissioners of Boston, "to lay out and improve" the parks referred to. Now, under section 7, it is the duty of the park commissioners of Boston, when they lay out a park, to determine whether benefits...