Watt v. Town of Chelmsford

• Decision Date: 28 February 1952
• Parties: WATT et al. v. TOWN OF CHELMSFORD.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

Page 419

104 N.E.2d 419

328 Mass. 430

WATT et al. v. TOWN OF CHELMSFORD.

Supreme Judicial Court of Massachusetts, Middlesex.

Argued Jan. 9, 1952.

Decided Feb. 28, 1952.

T. H. Donohue, Boston, for petitioners.

F. M. Qua, Lowell, E. J. DeSaulnier, Jr., Lowell, for respondent.

Before LUMMUS, RONAN, WILKINS and WILLIAMS, JJ.

LUMMUS, Justice.

General Laws (Ter.Ed.) c. 71, § 34, as appearing in St.1939, c. 294, provides as follows: 'Every city and town shall annually provide an amount of money sufficient for the support of the public schools as required by this chapter. Upon petition to the superior court, sitting in equity, against a city or town, brought by ten or more taxable inhabitants thereof, or by the mayor of a city, or by the attorney general, alleging that the amount necessary in such city or town for the support of public schools as aforesaid has not been included in the annual budget appropriations for said year, said court may determine the amount of the deficiency, if any, and may order such city and all its officers whose action is necessary to carry out such order, or such town and its treasurer, selectmen and assessors, to provide a sum of money equal to such deficiency, together with a sum equal to twenty-five per cent thereof. * * * Said court may order that the sum equal to the deficiency be appropriated and added to the amounts previously appropriated for the school purposes of such city or town in the year in which such deficiency occurs and may order that the amount in excess of the deficiency be held by such city or town as a separate account, to be applied to meet the appropriation for school purposes in the following year.'

On April 1, 1949, more than ten taxable inhabitants of Chelmsford brought this petition under the statute just quoted. It aleged that the school committee asked for an appropriation for the support of the public schools of $235,480 for the year 1949, but that the town appropriated only $226,250, an amount smaller by $9,230, and that the amount appropriated is insufficient. The case was heard by a judge of the Superior Court, who on June 4, 1951, filed findings of fact, rulings of law, and an order for a final decree dismissing the petition. From such a final decree the petitioners appealed. The evidence is reported.

The judge found the following facts. On December 20, 1948, the school committee voted that a 'sum be recommended sufficient to provide for' certain specified increases in the salaries of teachers. It does not appear that those increases were actually made. On January 19, 1949, the school committee made a report calling for $160,000 for salaries of teachers (an increase of $10,850) and $17,730 for salaries of schoolhouse janitors (an increase of $1,600). This report was adopted by a vote of two of the three members of the school committee, Fletcher and Lupien voting for it and Hart against it. The town finance committee reported to the voters, recommending $150,000 for salaries of teachers and $16,130 for salaries of janitors. On March 7, 1949, the town election was held, and Mrs. Lewis was elected to the school committee in the place of Lupien.

The town meeting was held on March 14, 1949. Hart moved to make the appropriation for salaries of teachers $152,000, and stated that at the school committee meeting to be held the next day he and Mrs. Lewis would vote to make the salaries of teachers conform to the 1948 rates. The town meeting made an appropriation of $152,000 for salaries of teachers. Hart moved an appropriation of $16,500 for salaries of janitors, and stated that he and Mrs. Lewis would vote to reduce the salaries of janitors so that...