Walsworth v. Casassa

219 Mass. 200
CourtMassachusetts Supreme Judicial Court
DecidedNovember 9, 1914
StatusPublished
Cited by5 cases

This text of 219 Mass. 200 (Walsworth v. Casassa) 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
Walsworth v. Casassa, 219 Mass. 200 (Mass. 1914).

Opinion

Rxjgg, C. J.

The question at issue is whether the petitioner is the town solicitor of the town of Revere. Its answer depends on the determination of an inquiry whether Article III of the bylaws of that town has been repealed. This in turn rests upon the decision whether in attempting such repeal there has been compliance with the requirements of Article XXI of the by-laws. That article is of this tenor: “No by-law in this code shall be repealed or amended, and no by-law shall be added thereto, unless such repeal, amendment or addition shall be adopted by two consecutive legally called Town Meetings, the date of the last meeting to be not less than two (2) months from the date of the first meeting.” The meaning of the final words, to the effect that there must be an interval of two months between the two meetings, is not open to doubt. Its purpose plainly was to prevent the repeal of any part of the by-laws by a gust of public opinion and to require that there be a period for deliberate consideration of the subject, so that the abrogation would rest upon the opportunity for mature thought. Its aim is to accomplish as near as may be a repeal based upon careful reflection rather than upon hasty impulse. The rest of the by-law must be interpreted in the light of. this provision. The natural import of the words “two consecutive legally called Town Meetings,”' standing alone, would be that there must be two meetings, the one following the other immediately and without any intervening meeting. A provision that the repealing vote must be passed at two meetings necessarily implies that one meeting must follow the other. The word “consecutive” would be superfluous if given no greater force than merely that one meeting must come after the other. It is a canon of interpretation that effect must be attributed to each word of a by-law or ordinance. The only purpose of introducing the word “consecutive” into this by-law is to require a [204]*204continuity of municipal action, founded upon a sufficiently sustained public sentiment to endure from one meeting to the next. It has a rational purpose in that it would tend to prevent disjointed action at meetings separated by a long period of time, wherein the thought of the people might become forgetful of the subject, and also to frustrate a scheme for the selection of meetings, at the option of those favoring or opposing the repeal, likely to be small in attendance or for any other reason not expressive of the general sentiment of the voters. But the word “consecutive” must be construed in connection with the other provision that at least two months must intervene between the two meetings. It hardly could have been intended that under no circumstances should any town meeting be held in the interval without, making necessary the starting anew of the -machinery for a repeal. In order that the whole paragraph be consistent, “consecutive”' must mean the next meeting held after the expiration of two-months from the first. Such two meetings would be consecutive in the sense of the one following the other at the shortest interval permitted by the by-law. It would not hinder the holding of meetings within that interval for the transaction of other town business.

As thus construed, the by-law is reasonable and must be followed. Town by-laws, within their appropriate sphere, are-binding upon the town and its citizens. Before becoming effective,, it is required that they be approved by some outside authority,, formerly a judge of the Superior Court, now the Attorney General. It is well within the scope of the law-making power of the town to-provide that they shall not be repealed except after the sufficient delay to insure the establishment of a settled conviction by the voters to that end which is manifested in this by-law.

It remains to examine the facts in the light of the by-law as-thus interpreted.

On July 2, 1913, a petition was presented to the selectmen,, signed by some seventy voters, asking that a town meeting be called not later than July 14, to take action concerning certain articles therein set forth, one of which was, to see whether the town would repeal Article III of the by-laws. In a preamble to-this petition, reference was made to confusion in the assessing and collecting departments of the town as an emergency which re[205]*205quired prompt action. The selectmen voted to call a town meeting on September 8. Thereupon, a justice of the peace, on July 3, called a town meeting for July 21. He was authorized to do this by St. 1907, c. 560, § 358, (now St. 1913, c. 835, § 396,) provided the selectmen unreasonably had refused to call a town meeting. The auditor finds that there had been for a considerable time criticism and unrest in the town touching the performance of their duties by the board of assessors and tax collector, culminating in the latter part of June in the conviction of one assessor for a crime based on falsification "of the public records. This deplorable state of affairs appears to have been regarded as having some connection with the method of town administration prescribed by Article III of the by-laws. A decadent civic spirit and a degenerate municipal consciousness alone would have remained passive under such circumstances. In any town of Massachusetts the natural channel for the expression of public feeling and for the affirmative action of a self respecting community competent to govern itself, in the face of these conditions, is the town meeting. A delay by selectmen to call such a meeting for almost ten weeks, although requested in writing to do so forthwith by more than three score voters, was the equivalent of a refusal to call it within a reasonable time. It abundantly warranted a justice of the peace in exercising the power vested in him by the statute to call a town meeting. At the meeting thus called, the first vote was passed to repeal Article III of the by-laws. Thus far the action of the town was correct in form.

At this meeting about a thousand voters were present, an unusually large attendance. In connection with the vote to repeal, a further vote was passed, requesting the selectmen to call another meeting not earlier than September 22 next, the warrant therefor to contain an article for the repeal of Article III of the by-laws, in order that sixty days might elapse between the meeting then being held and the next, as required by Article XXI of the bylaws. A town meeting was held on August 25 for the sole purpose of electing an assessor of taxes to fill a vacancy. On August 20 a special committee, appointed at the meeting of July 21, requested the selectmen to postpone calling the town meeting which they had voted to call for September 8 until a date not [206]*206earlier than September 22. But the selectmen issued the warrant for a meeting on September 8, omitting any article respecting the repeal of Article III of the by-laws. On September 10 another petition, signed by more than ten voters, was presented to the selectmen, requesting that there be inserted in the warrant for the next town meeting, among other articles, one relating to the repeal of Article III of the by-laws. The board of selectmen voted not to insert this article and called a meeting for October 27 for the consideration of other matters, omitting such an article from the warrant. The next meeting thereafter was held on March 9, 1914, in the warrant for which was an article as to the repeal of Article III of the by-laws. At an adjournment of this meeting a vote was passed to repeal that article.

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

Related

Crowell v. Attorney General
322 N.E.2d 87 (Massachusetts Appeals Court, 1975)
Preston v. Gillam
184 A.2d 462 (Supreme Court of New Hampshire, 1962)
Blomquist v. Town of Arlington
156 N.E.2d 416 (Massachusetts Supreme Judicial Court, 1959)
Commonwealth v. City of Boston
55 N.E.2d 686 (Massachusetts Supreme Judicial Court, 1944)
Attorney General v. City of Methuen
236 Mass. 564 (Massachusetts Supreme Judicial Court, 1921)

Cite This Page — Counsel Stack

Bluebook (online)
219 Mass. 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walsworth-v-casassa-mass-1914.