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CLARK v. CITY COUNCIL OF WALTHAM

328 Mass. 40 (1951)

101 N.E.2d 369

JOHN E. CLARK vs. CITY COUNCIL OF WALTHAM.

Supreme Judicial Court of Massachusetts, Middlesex.

November 2, 1951.

Attorney(s) appearing for the Case

M. King, for the respondents.

H. Karp, for the petitioner.

Present: QUA, C.J., LUMMUS, WILKINS, WILLIAMS, & COUNIHAN, JJ.

LUMMUS, J.

The city of Waltham is governed by a Plan B charter, under which it has a mayor (G.L. [Ter. Ed.] c. 43, § 58) and eleven councillors (§ 59). By § 60, with certain immaterial exceptions, heads of departments are "appointed by the mayor, subject to confirmation by the city council." The parties assume that the collector and treasurer of the city is the head of a department.

On January 22, 1951...

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