Cunningham v. Mayor of Cambridge

111 N.E. 409, 222 Mass. 574, 1916 Mass. LEXIS 1273
CourtMassachusetts Supreme Judicial Court
DecidedFebruary 9, 1916
StatusPublished
Cited by23 cases

This text of 111 N.E. 409 (Cunningham v. Mayor of Cambridge) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cunningham v. Mayor of Cambridge, 111 N.E. 409, 222 Mass. 574, 1916 Mass. LEXIS 1273 (Mass. 1916).

Opinion

Rugg, C. J.

The petitioner, who is the commissioner of public safety of the city of Cambridge, seeks by this petition for a writ of mandamus to compel the respondent, who is the mayor of the same city, to refrain from attempting to remove him from his office. The petitioner was appointed for a term not yet expired, under the authority of St. 1912, c. 611, by § 2 of which the mayor was empowered to "remove the commissioner for cause, after a hearing.” The respondent is undertaking to make the removal by virtue of the supposed authority of that act. At the State election in 1915, the voters of Cambridge accepted Plan B of St. 1915, c. 267. That statute, which is entitled “An Act to simplify the revision of city charters,” in effect provides a new charter [576]*576for such cities as adopt it, according to the form for which a majority of the votes are cast at a regular election.

St. 1915, c. 267, is an innovation in legislation in this Commonwealth. Heretofore, the General Court has enacted a special act whenever the frame of government of a city was to be changed, applicable to that city alone. By c. 267 it has established four different types of city charter and provided machinery by which any city in the Commonwealth, except Boston, may select for itself the form which its voters decide to be best adapted to its needs, and, after a trial of not less than four years, may change to some other of the four types set out in the statute, all without further legislative action.

By St. 1892, c. 377, the Legislature attempted to frame a model charter, with alternatives as to a city council composed of one or two chambers, and as to a term of office of one or two years for the mayor and the members of a unicameral city council, to be adopted at will by towns of twelve thousand inhabitants or more, whose voters desired the city rather than the town form of government. This statute was held unconstitutional in Larcom v. Olin, 160 Mass. 102, for reasons there set forth at length. In brief, the ground was that art. 2 of the Amendments to the Constitution plainly contemplated that the question, whether any municipality should make the initial change from a town to a city form of government, must be decided in each instance as it arose upon petition by the majority of the inhabitants of the town, by the General Court itself, and the particular terms of each city charter which marked that transformation should receive the careful attention of the legislative department of government. This intent of the people in adopting the second amendment to the Constitution doubtless had its foundation in deep-seated regard for the town meeting form of government and a thorough appreciation of the significance of discarding it for administration of local affairs through the city form of government.

Those considerations have no relevancy to the modifications from time to time of the form of city charter when once the transmutation from town to city has been made. City charters, when once accepted, have been amended by the Legislature without request or approval by the inhabitants. 160 Mass. 104. Many laws somewhat general in their scope provide that they shall take effect [577]*577in any particular municipality only when accepted by the voters at an election, or when adopted by the city council. The constitutionality of these acts cannot be doubted. They are numerous. Prince v. Crocker, 166 Mass. 347, 360; Cole v. Tucker, 164 Mass. 486, 489; Graham v. Roberts, 200 Mass. 152, 157; Barnes v. Mayor of Chicopee, 213 Mass. 1, 4.

The instant statute, although more comprehensive as to the administration of municipal affairs than most others, falls within the same principle. It is something of a reversion to the earlier freedom and flexibility of local self-government, which obtained when the town meeting was at its highest development. It is not beyond the power vested by the Constitution in the General Court,, to establish several models for the government of cities, and to provide that one or another of these may become operative in any city (with the exception of Boston), already chartered, by the voters at an election held in due form, without further legislative intervention.

The precise question remaining to be decided is, whether the removal from office of the commissioner of public safety in Cambridge is governed by St. 1912, c. 611, or by St. 1915, c. 267, Part III, § 6. It is plain that the former statute is abrogated in this respect and that the latter statute is controlling.

Whenever one of the Plans set forth in St. 1915, c. 267, is adopted by the voters of any city, it becomes effective as a new charter for municipal administration. All that has gone before concerning the same subject matter is revoked except as preserved by the new charter.

The adoption by the voters of one of the four Plans of city charter specified in St. 1915, c. 267, is the equivalent of a new charter specially enacted by the Legislature for the adopting city. Each of the several forms of charter set forth in the act is intended to be complete in itself. While there are numerous common sections operative, whichever Plan may be selected, the differences between the several Plans are vital and each constitutes a distinct and well understood type of municipal government. In construing such an instrument, when adopted by any given city, with reference to special statutes theretofore enacted as to such city, it must be assumed that the new charter is intended to be exclusive in its field, and that earlier acts, so far as inconsistent [578]*578with its terms, are deemed to be repealed. That design is expressed in unmistakable words in Part I, § 11, where it is provided that the plan adopted shall “supersede the provisions of its charter and of the general and special laws relating thereto and inconsistent herewith.” As to the matter here in question there is no room for the application of the principle to which resort sometimes is had to determine whether a general law repeals by implication repugnant special acts applicable to a particular city. In such cases it has been said that strong terms are required in the general act to work a repeal of the special act. Brown v. Lowell, 8 Met. 172. Copeland v. Mayor & Aldermen of Springfield, 166 Mass. 498, 504.

The new charter adopted by the voters of Cambridge makes explicit provision, in Part III, § 6, of c. 267, for the removal of such an officer as the commissioner of public safety, in these words: “The mayor may, with the approval of a majority of the members of the city council, remove any head of a department or member of a board before the expiration of his term of office, except members of the school committee, officials appointed by the governor, and assessors where they are elected by vote of the people.”

It is urged that this section is not applicable to the removal of the commissioner of public safety because of Part I, § 5.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Brucato v. City of Lawrence
156 N.E.2d 676 (Massachusetts Supreme Judicial Court, 1959)
Opinion of Justices to House of Representatives
105 N.E.2d 565 (Massachusetts Supreme Judicial Court, 1952)
Clements v. Treasurer of Cambridge
84 N.E.2d 465 (Massachusetts Supreme Judicial Court, 1949)
Shea v. Inspector of Buildings
83 N.E.2d 457 (Massachusetts Supreme Judicial Court, 1949)
Quinlan v. City of Cambridge
68 N.E.2d 11 (Massachusetts Supreme Judicial Court, 1946)
Haines v. Town Manager of Mansfield
68 N.E.2d 1 (Massachusetts Supreme Judicial Court, 1946)
Moore v. Election Commissioners
35 N.E.2d 222 (Massachusetts Supreme Judicial Court, 1941)
Attorney General v. Secretary of the Commonwealth
27 N.E.2d 265 (Massachusetts Supreme Judicial Court, 1940)
Adie v. Mayor of Holyoke
21 N.E.2d 377 (Massachusetts Supreme Judicial Court, 1939)
Gilliatt v. City of Quincy
197 N.E. 877 (Massachusetts Supreme Judicial Court, 1935)
Police Commissioner v. City of Boston
181 N.E. 790 (Massachusetts Supreme Judicial Court, 1932)
Huff v. City of Wichita Falls
48 S.W.2d 580 (Texas Supreme Court, 1932)
Paquette v. City of Fall River
179 N.E. 588 (Massachusetts Supreme Judicial Court, 1932)
King v. Mayor of Quincy
169 N.E. 894 (Massachusetts Supreme Judicial Court, 1930)
Sullivan v. Lawson
166 N.E. 850 (Massachusetts Supreme Judicial Court, 1929)
Bancroft v. Building Commissioner
153 N.E. 319 (Massachusetts Supreme Judicial Court, 1926)
Safford v. City of Lowell
151 N.E. 111 (Massachusetts Supreme Judicial Court, 1926)
Young v. City Council
137 N.E. 666 (Massachusetts Supreme Judicial Court, 1922)
Wright v. Walcott
131 N.E. 291 (Massachusetts Supreme Judicial Court, 1921)
Attorney General v. City of Methuen
236 Mass. 564 (Massachusetts Supreme Judicial Court, 1921)

Cite This Page — Counsel Stack

Bluebook (online)
111 N.E. 409, 222 Mass. 574, 1916 Mass. LEXIS 1273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cunningham-v-mayor-of-cambridge-mass-1916.