Legal Opinion

Opinion of the Justices

Supreme Court of New Hampshire

Decided July 22, 1889PublishedCited by 3 opinions

The constitutional convention of 1889, pursuant to authority assumed to be delegated to it by the legislature, fixed the time when such amendments as might be approved by the people should become operative. Laws 1887, c. 107, s. 8; Jour.

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The constitutional convention of 1889, pursuant to authority assumed to be delegated to it by the legislature, fixed the time when such amendments as might be approved by the people should become operative. Laws 1887, c. 107, s. 8; Jour. Conv. 256. June 18, 1889, the house of representatives required the opinion of the justices of the supreme court upon the following question: “Has the existing legislature the power and right to fix the time when the alterations in and amendments to the constitution, which were approved by the people at the election held on the 12th day of March, 1889, shall…

1Opinion of the Court

To the House of Representatives:

The undersigned respectfully comply with your resolution requiring our opinion on the question whether the existing legislature can fix the time when the amendments of the constitution, approved in March, 1889, shall take effect.

If the time were not legally fixed in express terms, it might be claimed that some amendments take effect, for some purposes at least, according to their apparent purpose, when adopted by the people. Jameson Const. Con. 545 n. Assuming the construction to be settled by usage and a general concurrence of opinion that a limited or…

2Cited by3 opinions

  1. Hutcheson v. GonzalesNew Mexico Supreme Court · 1937
  2. City of Bessemer v. Birmingham Electric Co.Supreme Court of Alabama · 1949
  3. Opinion of the JusticesSupreme Court of New Hampshire · 1971

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