Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 82

Cover Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 82
Massachusetts Reports : Cases Argued And Determined in the Supreme Judicial Court of Massachusetts 82
Massachusetts. Supreme Judicial Court
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Hndaon & oihen.
of the plaintifTs to the relief which they seek depends chielSy on the allegation of the invalidity of the act of the iegielatuie under which the defendants claim to derive their authority to reduce the height of the dam in the manner set out in the bill. This question has been very fully and elaborately discussed at the bar, and we have endeavored to bestow upon it very careful and deliberate consideration, not only on account of the impor- tant nature of the interests involved
... in our decision, but also because it requires us to determine whether the legislative de- partment of the government has not exceeded the constitutional limits of its authority.
It is quite obvious that the first step in this inquiry is to as- certain, if we can, under what head or branch of legislative power or authority the act in question falls. The intention of the legislature in this respect must be gathered mainly from the terms of the statute. There is no express declaration of the objects contemplated by it, but they are left to implication.


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