Eastern Massachusetts St. Ry. Co. v. Mayor of Fall River

• Court: United States State Supreme Judicial Court of Massachusetts
• Citation: 31 N.E.2d 543,308 Mass. 232
• Parties: EASTERN MASSACHUSETTS ST. RY. CO. v. MAYOR OF FALL RIVER.
• Decision Date: 29 January 1941

308 Mass. 232
31 N.E.2d 543

EASTERN MASSACHUSETTS ST. RY. CO.
v.
MAYOR OF FALL RIVER.

Supreme Judicial Court of Massachusetts, Bristol.

Jan. 29, 1941.

Exceptions from Superior Court, Bristol County; Greenhalge, Judge.

Action by the Eastern Massachusetts Street Railway Company against the Mayor of Fall River to compel the defendant to approve a contract involving more than $500 for the furnishing of transportation of school children. On respondent's exceptions.

Exceptions sustained, and petition dismissed.

[31 N.E.2d 544]

Argued before FIELD, C. J., and DONAHUE, QUA, DOLAN, and RONAN, JJ.

A. E. Seagrave and A. E. Beaulieu, both of Fall River, for petitioner.

G. L. Sisson, of Fall River, for respondent.

QUA, Justice.

This petition is brought to compel the mayor of Fall River to approve a contract involving more than $500 for the furnishing of transportation of school children for a period of three years. The school committee awarded the contract to the petitioner, which was not the lowest bidder, but when the contract was submitted to the mayor for his approval he notified the committee in writing of his refusal to approve, stating, ‘I see no reason for not awarding this contract to the lowest bidder whereby a saving to the city of Three Thousand ($3,000.00) Dollars could be effected.’ Thereafter the school committee voted to ‘reaffirm its action’ and to award the contract to the petitioner. The mayor still refuses to approve.

Chapter 40 of the Tercentenary Edition of the General Laws, entitled ‘Powers And Duties Of Cities And Towns,’ contains in section 4 (as amended by St.1932, c. 271, § 6), headed ‘Power to contract,’ this provision among others: ‘A town [includes a city, section 1] may make contracts for the exercise of its corporate powers and for the following purposes: * * * For the furnishing of transportation of school children. Contracts for such transportation may be made by the school committee for periods not exceeding three years; [then follows a proviso not here involved].’ Chapter 43, entitled ‘City Charters,’ in section 29, as amended by St.1938, c. 378, § 10, provides: ‘All contracts made by any department, board or commission where the amount involved is five hundred dollars or more shall be in writing, and no such contract shall be deemed to have been made or executed until the approval of the mayor under Plan A, B, C or D, or of the city manager under Plan E, and also of the officer or of the head of the department or of the chairman of the board, as the case may be, making the contract is affixed thereto.’ Fall River has a ‘Plan A’ charter under chapter 43. Section 29 therefore applies to Fall River, see G.L. (Ter.Ed.) c. 43, § 45, and supersedes ‘general and special laws relating thereto and inconsistent’ with that section, c. 43, § 11. See Gilliatt v. Quincy, 292 Mass. 222, 223, 224, 197 N.E. 877. The mayor is a member of the school committee and is chairman of the committee. Section 31. He is also ‘the chief executive officer of the city.’ Section 48.

The school committee in a city having one of the standard forms of charter set forth in chapter 43 is a ‘department’ or a ‘board’ within the meaning of chapter 43, § 29, so that under that section a contract of the kind here involved which has been negotiated and adopted by the committee cannot ‘be deemed to have been made or executed until the approval of the mayor * * * is affixed thereto.’ School committees are not bodies separate and distinct from the city governments provided for in chapter 43. They are parts of those governments and are within the purview of chapter 43. Chapter 43 itself, in sections 31 to 36, inclusive, makes provision for the election, organization and...