V O L U M E 5 9 - City of Somerville

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Commun icat 1 on S_ & N Used Car & Truck Co. requesting in- 7526^
formation on hearing held February
JJL>._ On their petition for 30 Car
garage_at rear 11&-120 Prospect _st.
reported recommending that same be placed on file.
Accepted.
MOTIONS, ORDERS AND RESOLUTIONS
Vice-president Brady and Alderman Hall offered
«.!. -c, -.-. . Resolutne
following resolution,
Whereas: 75753
By__act of _the Legislature of 19*1-7,
under section 2M-, of Chapter 5^4, all litigation at that
time existing was to be discontinued upon passage of said
act, and
Whereas:
At that time there was pending a
suit by the Commonwealth of Massachusetts against the
then Boston Elevated Railway Company, alleging that the
people of the Metropolitan Area had been over- charged
approximately $20,000,000.00, and
Whereas:
Such litigation was in fact discontinued
without a determination on the.. merits, and
Whereas:
This Board of Aldermen is of the
opinion that said Section 24-, of Chapter 5^4-, is unconstitutional
for the reasons that it was an improper interference
by a legislative body with the functions and
duties of both the Executive and Judicial branches of our
state government, and if said section is allowed to go
unchallenged, It will thereby set a precedent whereby
all future litigation in which the Commonwealth of
Massachusetts is a party thereto, could be discontinued
and abrogated by a legislative act, and that such a situation
was neither contemplated or intended by the
framers of our State Constitution, therefore It is hereby
Resolved:
That the Great and General Court
©^Massachusetts at the 'beginning of its next session,
immediately institute proceedings requesting the JustTces'of
the Supreme Judicial Court of Massachusetts
for~"an opinion as to the constitutionality of the
above cited section, and that copies of these resolutions
be sent to every State Representative and State
Senator representing Soraerville or any part of our
city.
Read twice and adopted.
Adjourned.
Attest:
Clerk