Opinion of the Justices

To the Honorable Senate:

The undersigned Justices of the Supreme Court submit the following answer to the inquiry contained in your resolution with reference to Senate Bill No. 123, entitled “An act relative to appointment of public utilities commissioners.” The act provides that appointments to the Public Utilities Commission shall be made by the Supreme Court and your inquiry is whether this proposed bill violates the separation of powers provision of N. H. Const., Pt. I, Art. 37th, that reads as follows: “[Separation of Powers.] *196In the government of this state, the three essential powers…