Opinion of the Justices to the Governor & Council

*577On March 31, 1931, the Justices returned the following answers:

To His Excellency the Governor and the Honorable Council of the Commonwealth of Massachusetts:

The Justices of the Supreme Judicial Court, in reply to your order of March 18, 1931, copy of which is hereto annexed, respectfully express their opinion as follows:

The underlying and essential matter is the nature and tenure of the office of first deputy auditor. The statutory history of that office is this: Provision was made by St. 1901, c. 157, that, when by reason of sickness, absence or other cause the Auditor was unable to perform…