Soper v. Wheeler

• Decision Date: 05 July 1921
• Parties: SOPER v. WHEELER et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

239 Mass. 327

132 N.E. 46

SOPER

v.WHEELER et al.

Supreme Judicial Court of Massachusetts, Suffolk.

July 5, 1921.

Case Reserved from Supreme Judicial Court, Suffolk County.

Petition for mandamus by Teresa C. Soper against Percy W. Wheeler and others. Reserved by a single justice on the substituted petition, answers, and agreed statement of facts for the determination of the full court. Petition denied.

The writ was sought for the purpose of compelling the overseers of the poor to grant the petitioner such aid as should be sufficient to enable her to bring up her children properly in her own home, under Gen. Laws, c. 118. The petitioner's husband had deserted her, and neither she nor her husband had lived long enough in one city to acquire a settlement. The overseers had determined that she was fit to bring up the children, that the surroundings of the home were such as to make for good character, and that some aid was necessary, but not the particular aid requested. It was stated in the agreed statement, if material, that the petitioner had two brothers, who had assisted her in the past and might assist her in the future.R. Chandler Davis, of Gloucester, for petitioner.

M. Francis Buckley, of Gloucester, for overseers of poor and city of Gloucester.

J. Weston Allen, Atty. Gen., Charles R. Cabot, Asst. Atty. Gen., and Arthur L. Stevenson, of Watertown, for respondents.

CARROLL, J.

This is a petition for mandamus by Teresa C. Soper, a resident of Gloucester with two dependent children under the age of 14, who has resided in this commonwealth more than 3 years, and whose husband has deserted her, against the overseers of the poor of the city of Gloucester, the city of Gloucester, and the Attorney General, praying that the overseers of the poor may be directed to grant her such aid under G. L. c. 118, as will enable her to bring up her children properly in her own home. The petition recites that her husband deserted her December 23, 1920; that a warrant has issued for his arrest, but he had not been apprehended, and he is not known to be within the jurisdiction of the commonwealth; that the two children are entirely dependent upon the petitioner for support; that she has applied for relief as provided by G. L. c. 118, and the overseers have neglected and refused to furnish sufficient aid to enable her to bring up her children properly in her home. The answer of the overseers, so far as material, alleges that neither the petitioner nor her children have a settlement in the commonwealth; that under G. L. c. 118, § 6, a town which has aided a mother who has no settlement in the commonwealth shall be reimbursed by the commonwealth for the total amount of aid given the mother; that the attention of the department of public welfare was called to the petitioner's request for assistance, and on March 20, 1921, the secretary of the overseers of the poor was authorized to aid the petitioner--

‘to the extent of $6 per week and rent $3 per week under General Laws, c. 117, § 18, and has complied therewith.'

It was agreed that the department of public welfare has adopted the policy that a mother shall not receive support under G. L. c. 118, in cases of desertion, unless it has continued for one year, and this policy has been adopted by overseers of the poor throughout the commonwealth. It was also agreed that the mother was fit to bring up her children; that the surroundings of the home are such as to make for good character, and that some aid is necessary, but not the particular aid requested; and that she has two brothers ‘who have assisted her in the past and may assist her in the future.’ The case is in this court on the reservation of a single justice.

It is provided by G. L. c. 118, § 3, before any aid is given a mother who has dependent children under the age of 14, to enable her to rear her children in her own home, that the overseers of the poor shall make a careful inquiry--

‘including * * * the existence of relatives able to assist the family, and of individuals, societies or agencies, who may be interested therein, * * * and shall secure all necessary aid for the mother and children which can be secured from relatives, organizations or individuals.'

Under G. L. c. 117, § 18, aid may be given to a poor person who has no...