Commonwealth v. Allen
| Decision Date | 27 February 1880 |
| Parties | Commonwealth v. Thomas L. Allen |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Bristol. Information in the nature of a quo warranto, filed August 11, 1879, by the attorney general, in behalf of the Commonwealth, and at the relation of two citizens of New Bedford, alleging that the defendant was usurping the office of chief of police of the city of New Bedford. The case, as it appeared from the information, answer, and demurrer to the answer, on which it was reserved by Soule, J., for the determination of the full court, was as follows:
The St of 1876, c. 80, provides that "in all cases in which appointments are directed to be made by the mayor and aldermen in any city of the Commonwealth, the mayor shall have the exclusive power of nomination, being subject however to confirmation or rejection by the board of aldermen; but if a person so nominated shall be rejected, it shall be the duty of the mayor to make another nomination within a month from the time of such rejection."
The St of 1876, c. 92, entitled "An act to amend the charter of the city of New Bedford," provides, in § 1, that "the mayor and aldermen of the city of New Bedford may from time to time, appoint such police officers and constables for said city as they may judge necessary, subject to removal by the mayor;" by § 3, authorizes the mayor and aldermen to require any person appointed a police officer or constable to give a bond with sureties; by § 5, was to take effect upon its acceptance by the city council of New Bedford; and was duly accepted on May 4, 1876.
An ordinance of the city of New Bedford, passed on January 7, 1879, provides that "the police department shall consist of a chief of police, one deputy chief of police, two captains of police, and such number of lieutenants and other policemen as the city council may from time to time direct, all the members of which department shall be appointed and removed in accordance with the provisions of the charter and laws of the state; and they shall severally hold their offices until vacated by death, resignation, or until they may be removed by the mayor." It is further provided by an ordinance of said city, that, "whenever there is a vacancy in any of the offices aforesaid, the mayor shall nominate persons to fill them, and in case the board of aldermen shall reject any nomination for the police force made to them, the mayor shall make new nominations to fill the vacancies within two weeks after such rejection;" that "before entering upon his duties each member of the police department thus appointed shall be sworn to the faithful discharge of the duties of his appointment;" that "the chief of police and the deputy chief of police and the two captains of police shall severally give bonds to the city treasurer, in amounts and with sureties to the satisfaction of the mayor and board of aldermen, for the faithful performance of the duties of their office."
On January 8, 1879, a vacancy existed in the office of chief of police of said city, and on that day William T. Soule, the mayor of the city, nominated the defendant to the board of aldermen. to fill such vacancy, and put the question in this form: "Shall the nomination be confirmed?" Two aldermen voted in favor of, and four against, confirmation. On January 23, the mayor again nominated the defendant to fill the said vacancy, and put the question in the same way. Three aldermen voted in favor of, and three against,...
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City of Lawrence v. MacDonald
...such as an information in the nature of quo warranto to oust him from the office, see G.L. (Ter.Ed.) c. 249, § 12; Commonwealth v. Allen, 128 Mass. 308, 311;Attorney General v. Loomis, 225 Mass. 372, 376, 114 N.E. 676;Brierley v. Walsh, 299 Mass. 292, 294, 295, 12 N.E.2d 827; compare Common......
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State ex rel. Young v. Village of Kent
...was said that an officer representing the state has the right to file an information as of course, without leave of court. In Commonwealth v. Allen, 128 Mass. 308, Chief Justice Gray said: "This is an information common law * * * for the usurpation of an office, which the attorney general h......
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Attorney Gen. ex rel. Mann v. City of Methuen
...there is nothing on this record which prevents the Attorney General from asking the court to consider his contentions. Commonwealth v. Allen, 128 Mass. 308. The constitutionality of Sp. St. 1917, c. 289, is assailed. The ground upon which that contention rests is that that statute was not e......
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State ex rel. Young v. Kent
...was said that an officer representing the state has the right to file an information as of course, without leave of court. In Commonwealth v. Allen, 128 Mass. 308, Chief Justice Gray said: ‘This is an information at common law * * * for the usurpation of an office, which the Attorney Genera......