204 Mass. 482 | Mass. | 1910
This is a petition under R. L. c. 201, as amended by St. 1905, c. 370, to collect money alleged to be due for the salary of the present petitioner’s intestate. The facts upon which the decision must rest are these: Justin H. McCarthy was, previous to January, 1908, a member of the district police. By a letter dated January 2, 1908, postmarked at Boston at half after eleven o’clock in the forenoon of January 3, and actually received by McCarthy when he reached his office in Springfield at ten o’clock of the following morning, which was Saturday, he was notified that the Governor proposed to remove him from office for the good of the service. Specifications sufficient in form were enclosed, which stated the grounds of removal. The specifications are not set out in the record but they are described as “ grave offenses.”
The petitioner’s intestate, after the receipt of the Governor’s letter, finished the routine business of his office, and at half past eleven went home, where he consulted with his wife and aunt about the contents of the letter. In the afternoon he attempted to telephone to the Governor’s office at the State House, but found that it was closed for the day. On the following Monday morning, at a quarter past nine o’clock, he left Springfield
From the receipt of the notice of removal on January 7 to January 20, 1908, the petitioner’s intestate deliberated with his spiritual adviser and family and friends as to what steps could be taken to induce the Governor to reconsider his action in making the removal, and on J anuary 17, with his wife, he had an interview with the Governor on this subject. On J anuary 20, for the first time he consulted counsel, who a few days later
The petitioner’s intestate held office during good behavior by appointment of the Governor, who had the power to remove him for just cause and for reasons specified in writing, but who was required to notify him of the proposed action. The statute further provides that the officer “shall, if he so requests in writing, be given a public hearing, and be allowed to answer the charges preferred against him either personally or by counsel,” but it does not prescribe the length of time for giving notice, as does R. L. c. 19, § 23, as amended by St. 1905, c. 150; R. L. c. 108, § 1, as amended by St. 1904, c. 318 ; St. 1904, c. 314, as amended by St. 1905, c. 243; St. 1906, c. 210, as amended by St. 1907, c. 272. A reasonable notice was therefore required. Ransom v. Boston, 196 Mass. 248, 252.
The only question presented is whether the petitioner’s intestate received notice of the intention of the Governor to make the removal a reasonable time before the final action was taken. It is to be noted that we are reviewing the acts of the chief executive of the Commonwealth, a co-ordinate department of government. He must be assumed to be acting with the same desire to conform to laws as the other branches of government. Every reasonable inference and presumption are to be drawn in support of the validity of the acts of the chief executive as well as of the legislative branch of government. It is only when his act is clearly repugnant to the requirements of law that it is to be pronounced illegal. The action of the Governor in this instance must be tested by the circumstances under which it was performed. Information of such a nature was presented as seemed to him to justify charges of “offenses so grave,” (to quote the words of the priest and friend of the intestate,) “ that, if truly established would warrant his speedy dismissal.” From the record in the mandamus proceedings brought in this court
The result is that, although the case is a close one, yet under all the circumstances it cannot be said that reasonable notice was not given to the petitioner’s intestate of the intention of the Governor to remove him before the removal was made.
In view of the ground upon which the decision is rested, it is not necessary to determine whether title to office can ordinarily be tested in such a proceeding as tMs.
Judgment affirmed.