Floyd Water Com'rs. v. Verrette

• Decision Date: 02 December 1919
• Docket Number: No. 1626.,1626.
• Citation: 108 A. 693
• Parties: FLOYD et al. Water Com'rs. v. VERRETTE, Mayor.
• Court: New Hampshire Supreme Court

108 A. 693

FLOYD et al. Water Com'rs.

v. VERRETTE, Mayor.

No. 1626.

Supreme Court of New Hampshire. Hillsborough.

Dec. 2, 1919.

Exceptions from Superior Court, Hillsborough County; Branch and Allen, Judges.

Suit by one Floyd and others, Water Commissioners of the City of Manchester, against one Verrette, Mayor, resulting in grant of Injunction, and defendant excepts. Exceptions overruled.

Bill in equity to restrain the defendant from interfering with the superintendent of the Manchester waterworks in the performance of his duties. The plaintiffs are the duly elected water commissioners of Manchester, and the defendant is the mayor of the city, and by virtue of his office is also a member of the board of water commissioners. The water commissioners appointed James H. Mendell superintendent of the waterworks, and he held that position when this controversy arose. June 2, 1919, the defendant, as mayor, notified Mendell that he was indefinitely suspended, and that, upon the receipt of the notice suspending him, he should thereupon and thereafter cease to take or have charge of the waterworks. Upon the allegations in the bill, the injunction was granted by Branch, J., and the defendant excepted. Transferred from the May term, 1919, of the superior court, by Allen, J.

Taggart, Tuttle, Wyman & Starr, of Manchester (L. E. Wyman of Manchester, orally), for plaintiffs.

Thos. H. Madigan, Jr., Geo. A. Wagner, and Cyprien J. Belanger, all of Manchester (C. J. Belanger, of Manchester, orally), for defendant.

PLUMMER, J. It is the contention of the defendant that, section 3 of chapter 302 of the Laws of 1915 confers upon him, as mayor of Manchester, the power to suspend the superintendent of the Manchester waterworks. This section is as follows:

"The mayor, in addition to other powers now conferred upon him, shall have authority over and be charged with the responsibility for the official conduct of all other city officials, agents, employes, or other persons who are now or may hereafter be appointed or elected by the mayor, the board of mayor and aldermen, the board of common council, or the city councils, and shall have general supervision and control over the expenditure of all money appropriated by said city, and shall have all the power and authority necessary to properly carry out and enforce the provisions of this act and all other acts relating to the powers and duties of the mayor, which shall include the power to suspend or otherwise discipline, as the mayor shall deem advisable for the best interests of the...