WARD v. COMPTROLLER OF THE COMMONWEALTH


345 Mass. 183 (1962)

186 N.E.2d 461

WILLIAM V. WARD vs. COMPTROLLER OF THE COMMONWEALTH & another (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

December 3, 1962.


Attorney(s) appearing for the Case

Samuel W. Gaffer (Henry H. Chmielinski, Jr., Special Assistant Attorney General, with him) for the Comptroller of the Commonwealth.

Joseph S. Ayoub, Assistant Attorney General (I. Louis Fine with him), for the Director of the Division of Employment Security.

John R. Kewer (John M. Hogan with him) for William V. Ward.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.


WILKINS, C.J.

These are two bills for declaratory decrees to ascertain the effect of G.L. (Ter. Ed.) c. 30, § 21, which reads, "A person shall not at the same time receive more than one salary from the treasury of the commonwealth." The principal issue argued is whether Ward, the plaintiff in the first case and the defendant in the second, is receiving two salaries in violation of the statute. Ward holds two positions. (1) He is an employment office manager in...

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