COLO v. TREASURER & RECEIVER GENERAL


378 Mass. 550 (1979)

392 N.E.2d 1195

H. THOMAS COLO & others vs. TREASURER AND RECEIVER GENERAL.

Supreme Judicial Court of Massachusetts, Suffolk.

July 31, 1979.


Attorney(s) appearing for the Case

Michael Broad for the plaintiffs.

Andrew J. McElaney, Jr., Assistant Attorney General, for the defendant.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, WILKINS, & LIACOS, JJ.


QUIRICO, J.

The plaintiffs, twenty-nine taxable inhabitants of the Commonwealth, brought suit under G.L.c. 29, § 63, to restrain the defendant from expending any public monies to pay the salaries of the chaplains of the Massachusetts House of Representatives and the Senate, and for a declaration that G.L.c. 3, § 14, which authorizes such payment, is unconstitutional. The case was reserved and reported by a single justice, and it is before us for decision...

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