Scott v. Board of Election Com'rs of Newton

CourtUnited States State Supreme Judicial Court of Massachusetts
Writing for the CourtBefore WILKINS; WILKINS
Citation346 Mass. 388,193 N.E.2d 262
PartiesWellington F. SCOTT et al. v. BOARD OF ELECTION COMMISSIONERS domestic use is being fluoridated by such Harold M. BAND et al. v. BOARD OF ELECTION COMMISSIONERS OF NEWTON.
Decision Date18 October 1963

Page 262

193 N.E.2d 262
346 Mass. 388
Wellington F. SCOTT et al.
v.
BOARD OF ELECTION COMMISSIONERS domestic use is being
fluoridated by such
Harold M. BAND et al.
v.
BOARD OF ELECTION COMMISSIONERS OF NEWTON.
Supreme Judicial Court of Massachusetts, Middlesex.
Argued Oct. 14, 1963.
Decided Oct. 18, 1963.

Frederick G. Fisher, Jr., Boston (S. Donald Gonson, Buffalo, with him), for petitioners.

Matt B. Jones, Boston, for respondent.

Before WILKINS, C. J., and WHITTEMORE, CUTTER, SPIEGEL and REARDON, JJ.

WILKINS, Chief Justice.

These two cases are directed against the ascertainment of the will of the voters of the city of Newton as to the discontinuance of fluoridation of the public water supply for domestic use. The first case is a petition for a writ of mandamus by five citizens and residents of the city to command the respondent board of election commissioners to refrain from placing upon the ballot at a municipal election to be held on November 5, 1963, the question prescribed by G.L. c. 40, § 41C, inserted by St.1962, c. 485, [346 Mass. 389] § 1. 1 The second case is a petition by not less than ten taxable inhabitants of the city to restrain the respondent board from incurring any obligations or expending any moneys for checking or certifying the signatures on a petition of registered voters seeking to have the question placed upon the official ballot, from printing the question on the ballot, from giving notice of the question to the voters, and from paying for

Page 263

the counting of the votes. G.L. (Ter.Ed.) c. 40, § 53.

The cases were heard upon similar statements of agreed facts meeting the requirements of a case stated. The judge decided in favor of the respondent board. In the first case the judge entered an 'order for final judgment,' which provided 'that final judgment be entered for the respondents dismissing the petition without costs and with prejudice.' The petitioners appealed. In the second case a 'final decree' was entered in which the judge stated, 'I find and declare that the respondents, as members of the Board of Election Commissioners of the City of Newton, have acted in accordance with G.L. c. 40, § 41C, in preparing to place upon the ballot at the next municipal election the question set out in said section.' The petitioners filed a claim of appeal 'from the final decree dismissing the petition.'

In November, 1961, at a municipal election a majority of the voters of Newton voted in the affirmative on the...

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2 cases
  • Board of Health of North Adams v. Mayor of North Adams
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • September 5, 1975
    ...in (this city) (this town) . . . be fluoridated?' The public vote, however, was purely advisory. See Scott v. Election Commrs. of Newton, 346 Mass. 388, 391, 193 N.E.2d 262 By St.1962, c. 485, § 1, amending G.L. c. 40, § 41B, the advisory public vote above mentioned could only be taken if a......
  • R.M. v. P & O Ports Baltimore, Incorporated, BRB 09-0113
    • United States
    • Court of Appeals of Longshore Complaints
    • July 29, 2009
    ...paid 3-day orientation covered); Gilewski v. Mastic Beach Fire Dist. No. 1, 19 A.D.2d 299, 241 N.Y.S.2d 874 (1963), aff'd, 14 N.Y.2d 595, 193 N.E.2d 262 (N.Y. 1964) (volunteer firefighters of one district rushed to help neighboring district fight fire; fireman suffered fatal heart attack; e......

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