Wilson v. Brouder

• Decision Date: 28 June 1935
• Citation: 197 N.E. 26,291 Mass. 389
• Parties: WILSON et al. v. BROUDER et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

291 Mass. 389

197 N.E. 26

WILSON et al. v. BROUDER et al.

Supreme Judicial Court of Massachusetts, Essex.

June 28, 1935

Suit in equity by John Charles Wilson and others against John J Brouder and others. From a final decree dismissing the bill plaintiffs appeal.

Affirmed.

Appeal from Superior Court, Essex County; Morton, Judge.

H. V Charbonneau, of Lowell, for appellants.

P. R. Clay and C. A. Clifford, both of Lawrence, for appellees.

PIERCE, Justice.

This is a suit in equity by more than ten taxable inhabitants of the town of Methuen, a municipal corporation within this Commonwealth, brought under G. L. (Ter. Ed.) c. 40, § 53, to restrain the school committee of said town and the Methuen Bus Company, Inc., from entering into a contract for the transportation of school pupils for a period of three years and to restrain the defendant town of Methuen and its treasurer from paying to the defendant Methuen Bus Company, Inc., any money of the town under the provisions of said contract. The plaintiffs appealed from a final decree dismissing the bill without costs.

The case was referred to a master who duly filed a report. Exceptions taken during the hearing before the master were waived at the conference on the prepared report. The plaintiffs at the hearing in the Superior Court moved that the report be confirmed. The motion was allowed, after hearing, and an interlocutory decree was entered confirming the report.

The master's report, succinctly stated, discloses the following facts: The Methuen Bus Company, Inc., has been transporting the school children of Methuen for five and one-half years prior to January 2, 1935. On March 24, 1933, it was voted ‘ To have all departmental purchases and contracts exceeding the sum of Two Hundred Dollars advertised by bids.’ On October 4, 1934, a special town meeting was called and purporting to act under an article (9) contained in the warrant, ‘ The report of the Advisory Committee was read. * * * A motion made and duly seconded that a committee of five, one from each precinct, be appointed to have full power to make arrangements for bus service for the school children, was withdrawn. * * * A motion was made and duly seconded that a committee be appointed * * * to make a study of the feasibility of establishing a municipal school-bus system for the purpose of transporting the school children to and from school and make a report at the next annual town meeting and also that the School Committee be instructed not to let any bus contract until this report is made.’ The moderator put the motion as follows, and it was carried: ‘ On motion made and duly seconded, it was voted that a committee be appointed by the Moderator to make a study of the feasibility of establishing a municipal school-bus system for the purpose of transporting the school children to and from school and make a report at the next annual town meeting.’ At the same meeting article 10 of the warrant was as follows: ‘ To see if the Town will vote to limit to one year, the contract for the hiring of busses for transporting school children to and from classes, or to take such similar action as will prevent the reletting of a further contract for more than one year, until such time as a committee shall have made a report of the feasibility of a municipal bus system for the above named purpose.’ The official record of the town clerk of the action of the meeting under this article is as follows: ‘ Article 10. The report of the Advisory Committee was read. On motion made and duly seconded, it was voted to pass over this article.’

On December 14, 1934, the school committee called for bids for the transportation of school pupils, by publishing an advertisement in the Methuen Transcript which read, omitting caption and signature, as follows: ‘ The School Committee of the Town of Methuen invites bids for the transportation of school pupils according to specifications which may be seen at the office of the Superintendent of Schools. The Committee reserves the right to reject any or all bids.’ On December 26, 1934, a meeting of said school committee was held. Bids for the transportation of school children, called for by the advertisement above referred to, were then opened. There were several bidders and they or their representatives were present. The specifications read in part: The school committee ‘ invites bids for the transportation of not to exceed 800 pupils to and from school, on the days when school is in session under the conditions hereinafter set forth. The contract shall be for a period of three years beginning January 2, 1935 and ending December 31, 1937 and the figure submitted shall be on a yearly basis.’ The bid of the Methuen Bus Company, Inc.,...