Legal Opinion

Opinion of the Justices to the Senate

Massachusetts Supreme Judicial Court

Decided June 13, 1911PublishedCited by 2 opinions

On June 2, 1911, the following order was passed by the Senate, and on June 6, 1911, was transmitted to the Justices of the Supreme Judicial Court. On June 13, 1911, the Justices returned the answer which is subjoined.

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On June 2, 1911, the following order was passed by the Senate, and on June 6, 1911, was transmitted to the Justices of the Supreme Judicial Court. On June 13, 1911, the Justices returned the answer which is subjoined. Whereas, the questions upon which the opinion of the Justices of the Supreme Judicial Court was required by the order adopted on April 4th last, and the answer of the Justices thereto were based upon two pending bills which were somewhat dissimilar in their form and in their substantive provisions, and did not call attention to the fact that one of these, namely, House Bill No.…

1Opinion of the Court

To the Honorable Senate of the Commonwealth of Massachusetts :

We, the Justices of the Supreme Judicial Court, having received the questions contained in your order of June 2, 1911, a copy of which is hereto annexed, respectfully answer as follows:

It is a familiar rule of law in this Commonwealth that the Legislature may authorize a board of public officers in a city or town to permit and license, as a matter of local administration, any act or proceeding, such as is referred to in these questions, that the Legislature itself could authorize or license by the *630enactment of a statute. Brodline…

2Cases cited11 opinions

  1. Welch v. SwaseyMassachusetts Supreme Judicial Court · 1907
  2. Brodbine v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1903
  3. Commonwealth v. KingsburyMassachusetts Supreme Judicial Court · 1908
  4. Commonwealth v. MaletskyMassachusetts Supreme Judicial Court · 1909
  5. Wyeth v. Board of Health of CambridgeMassachusetts Supreme Judicial Court · 1909

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3Cited by2 opinions

  1. Commonwealth v. SlocumMassachusetts Supreme Judicial Court · 1918
  2. Commonwealth v. KimballMassachusetts Supreme Judicial Court · 1938

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