271 Mass. 515 | Mass. | 1930
This petition for a writ of mandamus is designed to try the title to the office of an assessor of the city of Springfield. The charter of the city of Springfield requires the city council to elect by ballot in joint convention in each year an assessor to hold office for the term of three years from the first of April in the year of election. St. 1852, c. 94, § 8, as amended by St. 1873, c. 126, § 2. It is provided by G. L. c. 39, § 3, that “No election of a city officer by a municipal body or board shall be valid
The board of aldermen and the common council of the city of Springfield met in joint convention on February 3, 1930, for the purpose of choosing an assessor to hold office for a term of three years from April 1, 1930. The city clerk acted as clerk of the joint convention, having previously prepared and having before him the names of all members of the city council. Each member present voted viva voce, answering to his name when called by the city clerk and stating the name of the person for whom he voted. The votes thus recorded by the city clerk disclosed that there were twenty-five members present and voting and that of these votes the petitioner received fourteen and the respondent O’Brien eleven. The presiding officer then announced, “By your vote you have chosen George E. Mansfield, Jr., assessor.” Following this there was confusion among the members of the joint convention. When it had subsided two members were recognized by the chair and criticized the action of the session, but neither of them offered any motion. Another member was then recognized and stated that he “doubted the vote.” Thereupon a recess was taken. At the expiration of the recess another member of the joint convention arose and doubted the vote. The councilman who had before the recess first doubted the vote on inquiry said that he doubted the tabulation of the city clerk and doubted the vote, and that
It is to be noted that this procedure was something more than a mere verification of the first vote taken. Such verification would have been accomplished by calling anew the roll of members with a statement of the record already made as to the vote of each individual and an inquiry whether that record was in conformity to the vote in truth given viva voce. It must be assumed on this present reservation that what happened was a reconsideration of the first roll call and a new roll call had as upon a new election held subsequently to and in pursuance of reconsideration of the first vote. Although the proceedings were informal, the inference is irresistible that this in fact was what took place. George v. School District in Mendon, 6 Met. 497, 509. Morse v. Dwight, 13 Allen, 163, 166, 167. Compare Woodbridge v. Mayor & Aldermen of Cambridge, 114 Mass. 483, 486; Adams v. Townsend Schoolhouse Building Committee, 245 Mass. 543.
It is a general principle that a parliamentary or deliberative body may during the same sitting treat proceedings
The statute in the case at bar does not require a secret ballot. On the other hand its manifest purpose is to require public declaration by each member of the joint convention of his vote in order that it may be made a matter of record. Such provision is important. It has the salutary effect of fixing upon each member of the convention who takes part in the proceedings his exact responsibility for the election and provides for an unimpeachable record of his
No question of .technical parliamentary procedure is presented or considered. See Wheelock v. Lowell, 196 Mass. 220, 229, 230; Wood v. Milton, 197 Mass. 531, 533.
Petition dismissed.