Legal Opinion

Opinion of the Justices to the House of Representatives

Massachusetts Supreme Judicial Court

Decided February 25, 1897PublishedCited by 26 opinions

The following order was adopted by the House of Representatives on January 27, 1897, and thereupon transmitted to the Justices of the Supreme Judicial Court, who on returned the opinion which is subjoined.

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The following order was adopted by the House of Representatives on January 27, 1897, and thereupon transmitted to the Justices of the Supreme Judicial Court, who on returned the opinion which is subjoined. Ordered, That the opinion of the Justices of the Supreme Judicial Court be required upon the following important question of law, namely: “Is a county commissioner an officer of the Commonwealth within the meaning of Article VIII. of Section 2 of Chapter I. of the Constitution, and is a county commissioner subject to the impeachment process provided by the Constitution ? ”

1Opinion of the Court

To the Honorable the House of Representatives of the Commonwealth of Massachusetts:

The undersigned, Justices of the Supreme Judicial Court, respectfully submit the following answer to the question proposed by the Honorable House, by its order of January 27, 1897, a copy of which is annexed.

In the Constitution, c. 1, § 2, art. 8, it is provided as follows: “ The Senate shall be a court with full authority to hear and determine all impeachments made by the House of Representatives, against any officer or officers of the Commonwealth, for misconduct and maladministration in their offices.” By…

2Cited by26 opinions

  1. Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
  2. Attorney General v. TuftsMassachusetts Supreme Judicial Court · 1921
  3. Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1939
  4. Commonwealth v. DoweMassachusetts Supreme Judicial Court · 1943
  5. People v. ShawyerWyoming Supreme Court · 1924

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