Gadsby v. Quinn

• Decision Date: 17 April 1919
• Citation: 233 Mass. 6,122 N.E. 873
• Parties: GADSBY et al. v. QUINN et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

233 Mass. 6

122 N.E. 873

GADSBY et al.

v.QUINN et al.

Supreme Judicial Court of Massachusetts, Suffolk.

April 17, 1919.

Exceptions from Supreme Judicial Court, Suffolk County.

Petition for madamus by John F. Gadsby and others against Edward W. Quinn and others. Petition was denied by a single justice of the Supreme Judicial Court, and petitioner excepts. Exceptions overruled.

Harry F. R. Dolan, James H. Morson, and Joseph S. O'Neill, all of Boston, for petitioners.

Peter J. Nelligan and George H. McDermott, both of Boston, for respondents.

PIERCE, J.

This is a petition for mandamus, brought by members of the school committee of the city of Cambridge against the mayor and city council of that city and the city of Cambridge in its corporate capacity. The petitioners pray that the court will determine the amount of the proceeds of the tax upon incomes, returned by the commonwealth to the city of Cambridge under the provisions of section 23 of chapter 269 of the Acts of 1916, to which the school department of the said city is entitled under the terms of chapter 209 of the Acts of 1917; and will issue its writ for mandamus in favor of the petitioners, to be directed against the respondents, commanding them to cause to be made an appropriation for the use of the school department from said proceeds in amount equal to the difference between the amount so determined and the sum of $75,031.27-the amount heretofore appropriated for the use of said school department under the terms of said chapter 209 of the Acts of 1917.

It is agreed that the voters of the city of Cambridge adopted and accepted the provisions of part III of chapter 267 of the Acts of 1915, known as Plan B, as a charter for the government of said city, that the charter became operative on January 3, 1916, and that continuously since that date and up to the present time has been the charter of said city; that a majority of the voters of said city duly accepted the provisions of chapter 804 of St. 1913 before the happening of the matters and things in the petition complained of; that the average amount of taxable property of said city during the three years preceding the year 1917 was $128,382,330; that the sum to be appropriated, and in fact appropriated, under St. 1913, c. 804, for school purposes for the financial year beginning April 1, 1917, was $770,293.98; that the total tax for all purposes in said city for the year 1917 was $3,150,806.10; and that of said sum the total...