The Massachusetts Supreme Judicial Court (SJC) disagreed. In a three-page ruling. Associate Justice Neil L. Lynch '52 concluded that "the term 'federal penitentiary' is used in its generic sense."

Walsh has 20 days to respond to the restraining order, after which Lynch may issue a permanent injunction barring the councillor from serving. Along with trying to persuade Lynch to reverse his decision, Walsh might seek to have his case heard before the full court rather than a single justice.

"Justice Lynch has made it pretty clear that he agress with our arguments," said Ed Cafasso, spokesperson for the attorney general's office. "It's never a happy day when an elected official who has betrayed the public trust has to be forced from public office."

@D: A Comeback?

Even if Walsh is sent to federal prison, he could conceivably run for re-election next year or 1997.

Walsh was re-elected last year while under indictment for defrauding a bank of $2.9 million. He is especially popular among elderly residents and property owners for his opposition to rent control.

"Can he run for re-election and win?" asked CCA President R. Philip Dowds, a Walsh foe. "Look at Oliver North, who almost won, Marion Barry, who's back as mayor in Washington. Amazing things happen in politics."

Council Impact

Walsh's removal from the council comes in the midst of one of the worst crises in Cambridge in the last quarter century. The city council met daily this week, scrambling to salvage a form of rent control in the face of Question 9's narrow passage last week.

The council plans to submit a home-rule petition to the state legislature by Monday, asking Beacon Hill to let Cambridge keep a form of rent control.

Walsh has been the most outspoken opponent of rent control, charging that the 24-year-old program is abused by high-income tenants.

Walsh blasted the four options options offered by City Manager Robert W. Healy. They range from vacancy decontrol, which would remove units from rent control when their occupants leave, to making substantial modifications to the existing program.

But the councillor demanded that the city retreat from any attempt to reimpose rent control.

"Rent control as you know it is history," Walsh declared at Monday's meeting.

He attacked the four councillors affiliated with the liberal Cambridge Civic Association (CCA), who favor keeping as much of rent control as possible, with ignoring the will of the state's voters.