295 Mass. 305 | Mass. | 1936
These two proceedings, instituted by the same person, were argued before this court at the same time. Both relate to a reduction made in January, 1934, in the salary of Fred J. Whalen, who is conceded to be a fireman in the classified service of the city of Malden, and who has capably performed his duties as such. The first is a petition for a writ of certiorari. Thereby it is sought to quash the record of the respondent, a special justice of a district court, for alleged errors of law in his decision of a petition for review of such reduction in salary brought pursuant to the civil service law. G. L. (Ter. Ed.) c. 31, §§ 43, 45. The second is an action of contract to recover from the defendant city the amount of such reduction in salary.
The petition for a writ of certiorari was heard upon the petition and the return of the respondent. The single justice entered an order that the petition be dismissed, but not as a matter of discretion. The exceptions of the petitioner to this order bring the case here. The function of a writ of certiorari in a case like the present is to annul proceedings of the respondent provided they show on their face a defect in law so substantial as to require the issuance of the writ in order to prevent a material wrong. Whitney v. Judge of the District Court of Northern Berkshire, 271 Mass. 448, 458-459. The respondent’s return is decisive and binding as to all matters of fact. Westport v. County Commissioners, 246 Mass. 556, 562. Selectmen of Wakefield v. Judge of the First District Court of Eastern Middlesex, 262 Mass. 477, 480. Morrison v. Selectmen of Weymouth, 279 Mass. 486, 490. Commissioner of Institutions of Boston v. Justice of the Municipal Court of the Roxbury District, 290 Mass. 460, 462.
The return of the respondent shows the essential facts to be these: In the year 1934, the mayor of Malden notified the fire commissioner of that city that it would be necessary
It is plain from the record that the reduction in the salary of the petitioner was a part of a uniform scheme affecting
The action of contract was submitted upon a statement of agreed facts and certain other evidence. An important question in this case is whether the fire commissioner of the defendant city was vested by law with power to fix the compensation of the plaintiff as a fireman. The charter of the defendant city, St. 1881, c. 169, § 16, conferred upon the city council power to establish a fire department with such officers- and men as it should prescribe, to define their duties, to make regulations concerning its conduct and
The action of the fire commissioner in all the circumstances shows that the reduction of salary of the plaintiff was to be for the year 1934. Although the notice of reduction was dated January 6, it states that the annual salary for the year has been decreased. The reduction began with the year and not on the date of the letter.
One of the agreed facts is that the material action of the fire commissioner was taken in good faith. Therefore the decrease of salary was made honestly as a part of a general scheme for municipal economy and not as a disguise for violation of the civil service laws.
The other contentions of the plaintiff are not tenable. They are all met by the recent decisions already cited. Alger v. Justice of the District Court of Brockton, 283 Mass. 596. Selectmen of Milton v. Justice of the District Court of East Norfolk, 286 Mass. 1. Openshaw v. Fall River, 287 Mass. 426.
What has been said disposes of all the arguments presented in behalf of the petitioner and of the plaintiff. No further discussion is required. His requests for rulings need not be examined in detail.
In the petition for a writ of certiorari, the exceptions are overruled.
In the action of contract, the order of the Appellate Division dismissing the report is affirmed.