Pomponio v. State

The plaintiff first takes the position that the decision by a duly authorized representative of the defendant Commissioner of the Department of Employment Security involved a judicial function and that the plaintiff therefore “has an unqualified right to have the matter determined by the court.” His claim rests upon the proposition that Pt. I, Art. 37th of the New Hampshire Constitution, providing for the separation of powers between the legislative, executive and judicial branches of the Government, forbids the defendant to decide the issue of the wilffill making of false statements, and the…