Opinion of the Justices to the Governor & Council

*773The Constitution of this Commonwealth not only vests the legislative power in the General Court (Constitution, Part II, c. 1, § 1, art. 4), but also provides that “the executive [department] shall never exercise the legislative and judicial powers, or either of them,” nor the judicial the legislative and executive powers, or either of them; “to the end it may be a government of laws and not of men.” Declaration of Bights, art. 30. The General Court, in pursuance of its legislative powers, enacted what is now G. L. (Ter. Ed.) c. 239, providing for what in the title of that chapter is…