Homer v. City of Fall River
Decision Date | 05 January 1951 |
Citation | 326 Mass. 673,96 N.E.2d 152 |
Parties | HOMER v. CITY OF FALL RIVER. |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
G. L. Sisson, Fall River, for plaintiff.
J. T. Farrell, Corp. Counsel, Fall River, for defendant.
Before QUA, C. J., and LUMMUS, RONAN, SPALDING, and WILLIAMS, JJ.
This is an action of contract 1 to recover salary alleged to be due the plaintiff for services as executive director of the veterans' service department of the city of Fall River from April 13, 1947, to August 23, 1947. A judge of the Superior Court found for the defendant and, having made findings of fact substantially as hereinafter stated, ruled 'that St.1946, c. 599, superseded the ordinance of the city of Fall River passed October 10, 1944, and that upon the establishment of a department under the statute, the position of the plaintiff ceased to exist.' He then reported the case in the following terms: The facts as found by the judge are not in dispute and the only question before us concerns the correctness of his ruling. See Weiner v. D. A. Schulte, Inc., 275 Mass. 379, 384, 176 N.E. 114; Charles I. Hosmer, Inc., v. Commonwealth, 302 Mass. 495, 503, 19 N.E.2d 800.
On October 10, 1944, the city of Fall River adopted an ordinance establishing a veterans' service department, which provided for the establishment of a department supervised by three commissioners, later, by amendment, increased to five, with an executive head called 'executive director' to which position the plaintiff was appointed. By § 5 of the ordinance it was provided that In the view we take of the case we need not determine whether this ordinance transcends the ordinance making powers of the city.
On July 25, 1945, St.1945, c. 723, was enacted, being entitled 'An Act authorizing the establishment and maintenance of municipal departments and of districts for furnishing information, advice and assistance to veterans of World War II or other veterans.' It provided for its acceptance by cities and towns. It was never accepted by the city of Fall River. On June 14, 1946, St.1946, c. 599, was approved as an emergency law and became effective immediately. See art. 48 of the Amendments to the Constitution, The Referendum, II. It was entitled 'An Act making mandatory the establishment of municipal and district departments of veterans' services, under directors of veterans' services * * *' (emphasis supplied). It specifically repealed St.1945, c. 723, and by § 1 added to G.L. (Ter.Ed.) c. 115, 2 five new sections numbered 10-14, inclusive, in which it was provided as follows: . Section 10. . Section 13. 'Departments established and maintained under sections ten to fourteen, inclusive, shall be under the general direction of the commissioner, and they shall be physically located independently of, and separate and apart from, any other public or private agency, board, bureau, social agency or society, except a department or agency disbursing aid or relief or veterans' benefits under this chapter'. Section 14. Section 2 of the 1946 statute provided that 'the person in a city authorized by...
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