Page:Harvard Law Review Volume 12.djvu/341

321 MASSACHUSETTS AS A PHILANTHROPIC ROBBER. 321 seven; in 1898, ten, including payments to children, father, sister, and widow of employees in various departments.^ As far as can be ascertained, the servants of no other city besides Boston have as yet taken advantage of the generosity of the Legis- lature; but if this practice of allowing cities to make presents of unearned salaries is to continue, undoubtedly officials of other cities will wake up to the chances thus offered. The Legislature has not even stopped at city officials; it has be- gun to authorize counties to make these gifts. Thus, in 1891, the county of Plymouth was authorized to pay the balance of the salary of a deceased district court justice.^ The practice of paying these quasi-pensions has become so prev- alent, and the pension idea has so infected the public mind, that it may seem a bold thing to attack the custom. No amount of precedent, however, can excuse or legalize a wrong. And these payments are clearly a wrong and an injustice to the general taxpayer. Upon first thought, the payment of the salary which an official or an employee would have earned may seem to be a kind, gracious, and benevolent act. But on the same line of reasoning any present of money to any deserving individual could be justified. If gov- ernment is not to become tyranny, the cardinal principle of good government must be observed, — equal rights to all men ; special privileges to none. And this maxim denies special privileges equally to the deserving and to the undeserving. If the constitutionality of these resolves granting special pay- ments of unearned salaries to living officials or to relations of deceased official servants should be tested in the courts, there seems to be little question but that the courts would immediately declare them illegal. For instance, in 1891, the question arose whether the State could authorize the city of Brockton to build a city hall partly for the use of the city and partly for the use of the G. A. R., and it was held by the court in Kingman v. Brockton^ that it could not. " If a city or town may be authorized to give such assistance to a body of persons who have been soldiers or sailors in the war, the same principle 1 Acts of 1888, ch. 78 ; Acts of 1889, ch. 329 ; Acts of 1891, ch. 50, 53 ; Acts of 1892, ch. 52 ; Acts of 1893, ch. 42, 44, 162 ; Acts of 1894, ch. 89, 90, 252 ; Acts of 1895, ch. 253, 254; Acts of 1896, ch. 256; Acts of 1897, ch 157, 158, 203, 429, 455, 494, 514; Acts of 1898, ch. 87, 88, 99, 105, III, 341, 347, 430, 446, 534. 2 Resolve, 1891, ch. 44 ' i53 Mass. 258.