The Justices of the Supreme Judicial Court respectfully submit these answers to questions in an order adopted by the Senate on April 23, 1958, and by the Housе of Representatives on April 28,1958, and transmitted to us on May 1, 1958. The questions relate to fourteen resolves described as-pending before the General Court, five before the Senate and nine before the House of Representatives.
As to House No. 2448, relating to Congressiоnal Medal of Honor Society, leave to withdraw has been accepted, and we must not consider this resolve. There is no solemn occasion under the Constitution, Part II, c. 3, art. 2, as to legislation which is no longer pending. Answer of the Justices,
Each of eleven resolves provides in substantially similаr language that in order that the Commonwealth may be properly represented at the national encampment or at the State or national convention of the organization or organizations named therein, to be held at a designated place within the Cоmmonwealth in the current year, and to ensure, in arranging entertainment and other events, proper coopera
Senate No. 548 provides that in order that the Commonwealth may participate in the observance of the sixtieth anniversary of the Spanish-American War, the Philippine Insurrection, and the China Relief Expedition, and to ensure, in arranging events in connection therewith, proper cooperation between the Massachusetts Department of the United Spanish War Veterans and the Commonwealth, and to contribute tоward the transportation and other expenses of veterans participating in the observance of said anniversary, there may be expended, with the approval and under the direction of the Governor and Council, such sums as may hereafter be appropriated.
Senate No. 549 is entitled, “Resolve providing for the establishment of a special commission to prepare plans and programs for the celebration in this Commonwealth to commemorate the one hundredth anniversary of the Civil War.” The commission is to be unpaid and composed of twenty-five members. Nine are to be persons holding public office or appointed by a public officer, namely the Governor, the President of the Senate, and the Speaker of the House of Representatives, “who shall be ex-officio members,” one member of the Senate to be designated by the President' of
The questions are as follows:
"1, As to each of the above groups into which the several organizations named in said resolves may be classified, is the proposed expenditure of public money for the purposes stated in said resolves an expenditure for a public service or a public use?
“2. May public money be expended to contribute towards the transportation аnd other expenses of veterans participating in the observance of the sixtieth anniversary of the Spanish-American War, the Philippine Insurrection and the China Relief Expedition as provided in Senate No. 548?
"3. May the General Court authorize an unpaid special commission, a majority of whom are not public officers or elected or appointed by public officers, bodies or agencies, to expend public money as provided in Senate, No. 549? "4. May the General Court under Article XXX of the Declaration of Rights or any other provision of the Constitution require the Governor to be a member of a special unpaid commission, ex-officio, as provided in Senate, No. 549?
“5. Would said resolves constitutionally authorize the payment by the Commonwealth, with the approval and under the direction of the Governor and Council, of the following: —
"a. Expenses incurred by officers or members of such*781 organizations, or any of them, for food or lodging while attending such conventions?
“b. Expenses incurred by such organizations, or any of them, for the printing of programs for such conventions or other like expenses?
“c. Expenses incurred by such оrganizations, or any of them, for banquets or entertainment of their officers or members?
“d. Expenses incurred by such organizations, or any of them, for the rental of rooms or halls for meetings of such conventions?”
We understand questions 1 and 5 to refer to all the resolves except Senate No. 549; question 2 only to Senate No. 548; and questions 3 and 4 only to Senate No. 549.
“It is a fundamental principle of constitutional law frequently declared that money raised by taxation can be used only for public purposes and not for the advantage of private individuals. Opinion of the Justices,
Whether an expenditure of public money is for a public purpose is a subject of judicial inquiry, and in deciding upon the validity of an enactment courts will give weight whenever possible to legislative findings of fact material in such determination. Allydonn Realty Corp. v. Holyoke Housing Authority,
The commemoration of the centennial of the Civil War is pre-eminently a public purpose. The four year struggle was a turning point in our history, and produced many outstanding national figures, among them Lincoln, Grant, and Lee, to name a few. By this conflict the Fеderal Union was preserved and the scourge of human slavery was extinguished within our borders. It would be most fitting to bring before the generations of today the many lessons pertinent to our present problems which the events of 1861 to 1865 might teach. This does not mean that any and all items of such аn appropriation would automatically be for a public purpose. In Senate No. 549 the commission is authorized to “expend for clerical and other assistance such sums as may be appropriated therefor.” “Other” must be taken to signify expenditures of the same general character as “clerical.” Babcock Davis Corp. v. Paine,
The observance of the sixtieth anniversary of the Spanish-American War, the Philippine Insurrection, and the China Relief Expedition similarly might be found to be a public
In the eleven resolves relating to conventions, no guide is furnished as to what is “proper representation” of the Commonwealth. Obviously, the ordinary meaning of the words must be the test, and if the purpose is that a reasonable number of official representatives in that capacity attend the respective meetings, the cost of their attendance, in all probability relatively slight, could be found to be for a public purpose. In that aspect we do not think that it would matter that the organization might not relate to a war or to veterans. In so far as the resolves refer to “proper co-operation” in “arranging entertainment,” these expressions are too vague to permit constructive discussion. Plainly, interpretations as to their meaning could differ so widely that extended analysis would not be profitable. If actual expenses of entertainment at conventions are implied, their relation to any public purpose does not appear. Beyond the foregoing, question 1 seems incapable of definite answer, and we respectfully ask to be excused from further attempt to do so.
We next consider the two questions relating only to Senate No. 549. Apart from the Governor, there are to be four members of the Legislature, four persons appointed by the Governor, with the advice and consent of the Council, and sixteen persons who are to be members of, or to be сhosen by, various named unofficial organizations. They are to be authorized to “expend for clerical and other assistance” such sums as may be donated or appropriated. We think that it would not be proper to authorize the selection of persons tо expend public funds by organizations or groups not themselves public bodies or made up of public officers. It may be otherwise where there is no more than a power of nomination in a private organization. See Bradley v. Zoning Adjustment Board of Boston,
We perceive no violation of art. 30 of the Declaration of Rights in the provision of Senate No. 549 making the Gov
Raymond S. Wilkins.
James J. Ronan.
John V. Spalding.
Harold P. Williams.
Edward A. Counihan, Jr.
Arthur E. Whittemore.
R. Ammi Cutter.