HomeMy WebLinkAbout1942-04-16The meeting was called:to order by the Chairnlan with
all members pr~esent.
The Town Accountant presented W~rrant #15, amounting
to $577~.88. The same was voted to be paid as read.
Notice was received from the Coast Guard that the fog
signal on-the Eastern Jetty was being repaired.
~n ap01ication was received from the Island Service
Co. for the appointment of the following for public weigher
and surveyors of wood: Sidney W. Thu~st0n, Charles C. Bart,
0rmonde F. Ingall, and Gilbert Nanter. The same were
appointed.
An application was recsived from the Wauwinet House
for an i~holder's license, an all alcoholic beverage
license and an entertainment license. It was voted that
this should take the regular course as prescribed by law.
An application was received from Grafton Kennedy fo~'
a two-car garage on Lincoln Avenue.. The same Was granted,
it having been approved by the Fire Chief.
It was voted that the Board should view the signs on
HurlbUt'Avenue again before taking any action on removal
or moving.
Gordon Farrier was reappointed a special police for
the White Elephant.
The rent was received from the Selective Service'offiCe.
A letter of appreciation was received from Nfs. Bessie
Winslow for the removal of a sign in front of her property.
APproval was received for the'granting of an all-'
alcoholic beverage license to the Ocean House.
A permit was granted to Albert G. Brock to carry a
target
revolver.£or/practise.
Nr. Edward P. Tice, Nr. Edward R. Butler, Mr. Wallace
DeacOn 'and Nr. John C. Ring reported on the sewer condition
at'the Hammond property on upper Vestal Street. It was
voted that the sewer commissioners make test hole~ and
report at the next meeting.
The Fire Chief was before the Board relative to the
Chevrolet truck. As the truck is twelve years o~d and
Warrant
Island
Service
Weighers
and Sur-
veyors.
All-al c.
,auw~net
Garage,
Kennedy
Signs
Hurlbut'Av.
~arrie~
V~. Eleph.~
Se!'. Serv.'
Sign.
All-'alc.
Ocean Ho.'
~e rmit to
Carry.
Sewer
Upper
Vestal
Fir'e'
Truck
Selectmen's Meeti~ - APril 16, 1942.
'!lit. The following were present relatiVe to the case-of Marcus L'. ~
RamsdelI versus the 3electmen~- Mr. Roy E. Sanguinetti an~ M~. Gardner
W. Eussell representing the Board of ~leotmen, ~o George M.
atto~ey for ~. ~cus L. R~sdell, ~d the said ~sdell.
M~. Poled:- ~. Oh~~, having had a very pleasant eVening '~th your
honorable Board a couple of weeks ~o,~I ~ht that tt was apt to meet
with you ~d tell you ~e developments up to date In the R~sdell case.
It has developed'into a legal
~en we were here I went over with yo~ Bo~d the whole sto~y wish
the decision etc. ~d'at that ti~ everybody incl~ing ~he Civll'Se~vioe
Oo~ssion went on the ass~ption t~t the Supreme Co~t ~eoialon on
Chapter 402, that Xou ~ow all about by t~s time, gove~ed the'si~tion.
I spent, as I told you, ~st of a fore-noon with the Secreta~ and
one of the clerks in the Dependent ~d they had not a wo~d to say about
t~s statute that has now t~ned up, C~pter 588. Ail ~ey talked
about was 402. Evidently they did not ~ow ~~ng about it.
we got on to t~s deoision'of the Supzeme Co~t on the'ease Nlo~ls
against the Board of Welles. You remember I read you f~om that
decision. In t~t case on Nichols, the petitione~ Bl~ohard ~d a
. contract with the To~ of Need~, to'serve for one ye~w~ch wo~d
" 'expire March, '4~." He took the ex~nation~3eptemb'e~,;.'40, reoel~ng
a passi~ ~rk, ~d has since ac~ed as agent of the Bo~d and now has
,~l~ted tense as provided by O~pte~ 402~.
. ~ ~wyers are accustomed to ass~e that they o~ rely on what
.~. . Supreme.Oo~t' says. T~s ~ ~ey say was agent of the Board of Public
-'~ Welf~e ~d therefore they recognized Ohapte~ 402 as
~d now it t~ns out t~t on A~st ~ the ~gislature passed ~other
law. There is no book fo~m of these laws ~d no available index.
On'the 2nd day-of A~ust they passed.~$ act, - ~ act ~ng.a
certain law establishing a merit system, in respect to ceftin employees
of ~e 3tare Incl~ed ~der.such system, ~d they then took-out ~e
ordinary agents'~d employees of~the Boards and li~ted it to Old
~Ass~ ~at act to be Valid you,ve a constitutional questlone
.~etheP or not It is legal to t~e away t~t ri~t w~ch was gPanted'
and ~ke it applicable some~nths befoPe h~d. ~at question can only
be ~swered by. the ~upreme ~t~ A~at sitUa$ion WO~d involve' ~he
expendit~e of at least some h~$ds of dollarse ~, R~sdell
fin~ciall~ able ~o afford the l~y of such.'
In the ~lerk of Co~t's office therefore to~ow morni~ will be
filed a discontinu~ce of the proceedi~s and that will.be .the end of
t~s ease.
I w~t to say one t~ng more. In relation to my learned f~iend,
the To~ Co, scl.- We all ~eed on the law as it lay before us
incl~ing the decision of the Supreme Oo~t as to w~t the law was.'.
That ruling was cleam. As the To~ Co, scl did, he was absolutely
Justified, ~d no intelligent lawyer with that lay-out could have.
advised the Bo~d othe~ise. We did'not ~ow about 588. ~ The Civil
Service Co~ssion themselves didn't ~ow about it and In their first
correspondence with you they di~'t mention it. ~at the 3upreme
Co~t did not know about, la, ers like us'cannot be bl~ed for not kno~
either. T~s retroactive act has.come up which none of us has eve~
heard of. UnliSted tense was given ~de~ Chapter ~.
Thati~is the whole story. Are there any questions? '°~
-M~. ~overino~- We thank you very much.
Mr. Russell:- Mr. Poland, I came into this case as counsel for the
,i
Page
"~Sel-ectmen about a week, ago a~d .came .to ~antucket toddy'to ob-rain their
signatures to. the .~nsWer which I shall file for.them, in the ~it of
M~d~s brought against them by ~rcus
Poland:- I don'.t care· lcfii't. The case is closed as fa~..as I am.concerned.
Russell.'- Do-you 'object- to .~takin~ a CoPy?' .'
Poland.:- I am not interested, the..case.hawing been discontinued-~
'RuSselI.~, InaSmuch 'aa_'.tHe~Board..of Selectmen have- been ordered tO appear
before 'the' Superlo. r_ COurt- in-B~ston and answer ~to. ttie' ordersf of the
Superior Court,. I .believe that-it .is their duty.to-obey'the-orders of'
the Superior Court and I shalL, on ~ttesdayA. be prepared .to._.file_.an answer
- Poland:- 'very probable. ~.:~ I. should .suggest. that 'subject ~o- the_ disoon-.
-: tinuance,- 'an an'swer_'has no place .in; .the .record-,. bu~ ~that. is better for
Judge Williams_ to .pass on. ·
If_ nobOdY' has' anlrthi, ng more-to'. 'say with me
Sove~tno:- That is ali, than~ 'you. :
Russell:- In 'order that..the- Board' may~have a- copy; of. this for_ their
records, I wiIl'leave two 'copies .with them.
0oleman.'# 'Wou1-d ~Y0u'say ·that there-Was a 0ase? -
. · RuSsell:..-.. }ir. Coleman,,- the proceedings, br0ught-'-by ~, Poland
.'der. ermined by~ _the Superior'-Oourt.~, ..- Whatever. papers he may~flIe will be
, .considered by.the. 0curt and' a decre e:: made but it is the. posit£on which
I-take a-s Counsel fo~ 'the-Board of'.Selectmen, that until the. order of the
Court has been me.t we~are obliged.to .0omply.with the-order that directs
.' that 'we fi-l-e an answer on next '2uesday at-I0 o'~clock..~
-:~- S~verino':'-- Some. members of' 'the~ Board- maY. be present'~
· Russell:- i' don'.t 'think. it wi-Ii' .~e necessarY, for anY'member of. tae. Board
to be.in Boston at-tHe Superior_Oourtl at 10 o~ol'oc~.on Tuesday..-' ;I assume
.... that' Mr_-'.' Sanguine_ttiu or' I wi-ll'~, bLe ' there and. wi-II- i~e obliged, to' comply --.'- ·
'with--the ~order of..Judge Williams_.by_order of .the SuperiorL0ourt in a
Writ- of M~ndamus_._and_I. shall .comply~.with .that. order .until I am directed
by.;t~e. 'Court to do otherwise. ~ ;
Soverlno':- 'Any qUesti-ons?'~ ~ ",-i
-RusselY:-' I See no o~her .Pro'ceedure..that"-~e-Can follow,.' It~ is-t~e order
e Su erior Court, .and I- am now, reading from,the back_0~a paper
of.t.h , '.P , ~ ..... ~= or, er. re appearing'at 10 ~.~M.,'Tues. April
.. . .The order issued, by the COurt .'whioh-_.was.. serve, d: on'the .var.l_ou_s_,
'is as ~ ~ollo.vts 1_· ..!'Head s
inai.vi~uals-- oi.'..the _Bo ara
0our~ House on. order, of the 0o'ur~ Tuesday,' the
· I am not g°in~ to attempt to-argue the merits ~or Jemerit~ of the
· case as I had supposed that that.Was a matter which would be handled
~ -~ 'it.is ion tha he W~it Of Mandams :~
~ ~.t o~
~ "wo~d have been d'ism~sse'd-by .the ~p.er'ior Co~t,' .~ - ~ ~ TI~~ ~
:. So~e~ino:-. Th~ yod ve~. ~ch..~,
~ould cost~$~OO.~to repai~, it was~ suggested that Nr, Hardy
be ~th°rized'to 10ok into the matter and report, -,
~, The fo!lowing is the transcribed copy of the remarks
relative to the ease of Marcus L. Ramsdell versus the
Selectmen.
Ramsdell
C~se.
The meeting ad3ou~ned at