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The City and County in Massachusetts

Published online by Cambridge University Press:  04 October 2013

Orren Chalmer Hormell*
Affiliation:
Bowdoin College
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Extract

Massachusetts is a pioneer in municipal reform. She has given and is giving most careful attention to the problems of city government. But the same degree of attention and wise consideration have not been extended to the county. Outside of New England the numerous powers exercised by the county have often given rise to evils, but in Massachusetts the problem grows out of the insignificance of the county. There the county is the neglected organ of government. Reforms which are considered fundamental for good city government have not been adopted for the county. For example: the civil service laws which so efficiently regulate the appointments to city positions do not apply to the county, and furthermore, for some inscrutable reason, the county entirely escapes the legal tax limit imposed on the city.

The county problem in municipal affairs in Massachusetts presents three aspects:—I. The county problem in relation to the cities in general. II. The relation of the city of Boston to Suffolk county. III. The relation of the county to the problem of a metropolitan union.

Type
Papers and Discussions
Copyright
Copyright © American Political Science Association 1912

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References

1 There are fourteen counties in Massachusetts.

2 There are no constitutional restrictions on the control of the legislature over the county.

3 Compilation of laws relating to counties and county commissioners prepared under the direction of the Middlesex county commissioners May, 1911, p. 7.

4 In Boston they are termed “Municipal Courts”; for example, “Municipal Court, Roxbury District,” etc.

5 The lack of interest is illustrated by the following typical answer to questions concerning county administration submitted by the writer to prominent men in Massachusetts: “The problem of county administration amounts to so little that we really hardly take any account of it.”

6 One commissioner is elected each year for a term of three years.

7 Revised Laws, chap. 21, see's. 25–34.

8 Appeals from city or town assessors, Revised Laws, chap. 12, sec. 77; chap. 14, sec. 39, Acts. 1909, chap. 490, pt. III., sec. 76.

9 Appeals from mayor or aldermen, or sewer commissioners. Revised Laws, chap. 49, sec. 7; chap. 50, sec. 12.

10 County commissioners may, with the consent of the state railroad commissioners, authorize the laying out of a railroad across a public way. Acts, 1906, chap. 463, pt. H., sec. 111.

They may issue a decree permitting the railroad corporation to raise or lower a highway. Acts, 1906, chap. 463, pt. II., sec. 109.

They may authorize the alteration of the course of a highway to prevent a railroad crossing it, or for the “purpose of facilitating the crossing thereof.” Acts, 1906, chap. 463, pt. II., sec. 110.

They “have original jurisdiction of questions relative to obstructions to highways … caused by the construction or operation of railroads.” Acts, 1906, chap. 463, pt. II., sec. 117.

They may hear petitions of the aggrieved concerning the location of a railroad and may order a change of location. Acts, 1906, chap. 463, pt. II., sec. 92.

11 Revised Laws, chap. 75, sec. 84.

12 Few in comparison with those exercised by county commissioners in many other states.

13 An opinion expressed to the writer by a Boston attorney and state representative of wide experience.

14 Revised Laws, chap. 21, sec. 27.

15 Massachusetts Prison Association, No. 36.

16 Massachusetts Civic League, Report 1911, p. 10.

17 Especially in case the “city hall” is of opposite political faith to the “county ring.”

18 Acts, 1821, chaps. 109–110.

19 Acts, 1821, chap. 109.

20 Revere and Winthrop were then a part of Chelsea.

21 District attorney, clerks of the courts, sheriff, register of probate, register of deeds.

22 Revised Laws, chap. 20, sec. 34.

23 “These include the care and maintenance of the Court House … the buildings occupied by the Municipal and Districts Courts in Boston, and in part the police court in Chelsea; the salaries of the Judges of the Juvenile Court, the District Courts of Boston and the Police Courts of Chelsea; the salaries of clerks, court officers … and all other employees of all courts … (and) the fees of jurors and government witnesses …” Boston Finance Commission Report I. (1908) 389–390.

24 Revised Laws, chap. 20, sec. 34.

25 Acts, 1909, chap. 486, sec. 3. The bicameral city council was abolished and a single council of nine members elected on a general ticket was substituted.

26 Revised Laws, chap. 21, sec. 5.

27 Register of probate, register of deeds, district attorney, sheriff, clerk of the supreme judicial court, two clerks of the superior court “one for criminal and one for civil business.” Acts 1907, chap. 566, sec. 346.

28 Important among these are the medical examiners and the index commissioners.

29 In 1910 there was a total of 596 paid county officials and employers while for the city there was a total of 13,068.

30 Boston Finance Commission Report, I. (1908), 432. During the year 1910–1911 Boston paid on the account of Chelsea Police Court the sum of $12,684.47: Report of the Auditor of the City of Boston 1910–1911, p. 174.

31 Revere is under the jurisdiction of the Chelsea Police Court, while Winthrop is under that of the East Boston District Court.

32 Boston Finance Commission Reports, I. (1908), 434.

33 Acts, 1911, chap. 482.

34 Boston Finance Commission Reports, I. (1908), 392–403.

35 Boston Finance Commission Reports, I. (1908), 393.

36 Acts, 1909, chap. 271, sec. I.

37 “All appropriations … to be met from taxes… originate with the mayor.” Acts, 1909, chap. 486, sec. 3.

38 Reports are to be made “to the mayor, the city council, the governor orthegeneral court.” Acts, 1909, chap. 486, sec. 18.

39 Suffolk County, containing four municipalities.

Middlesex County, containing seventeen municipalities.

Essex County, containing four municipalities.

Norfolk County, containing twelve municipalities.

Plymouth County, containing two municipalities.

40 Pamphlet, Real Boston” issued by Boston Chamber of Commerce, Dec. 1910, p. 4Google Scholar.

41 Conference for Good City Government 1910, p. 549.

42 Report of the Metropolitan District Commission, 1896, p. 3.

43 Ibid, p. 6.

44 Ibid, p. 41.

45 March G. Bennett of Boston is the chairman.

46 “The mayors of all the cities and the chairmen of the boards of selectmen of all the towns.”

47 Pamphlet of “Real Boston” published by the Boston Chamber of Commerce, March 1911.

48 Created by the Legislature, 1911.

49 When the last general revision was made.

50 This results from the fact that an increasingly large part of the court cases of Essex, Norfolk, and Middlesex counties are tried in the Suffolk county, since it better suits the convenience of many litigants and especially the attorneys whose offices are located in Boston.