Legal Opinion

Opinion of the Justices to the Governor & Council

Massachusetts Supreme Judicial Court

Decided June 21, 1912PublishedCited by 5 opinions

The following communication from the Governor and Council was transmitted to the Justices of the Supreme Judicial Court on June 6, 1912. On June 21, 1912, the Justices returned the answer which is subjoined.

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The following communication from the Governor and Council was transmitted to the Justices of the Supreme Judicial Court on June 6, 1912. On June 21, 1912, the Justices returned the answer which is subjoined. June 5, 1912. To the Honorable Justices of the Supreme Court: Under date of May 1, 1912, the Governor and Council propounded to you the following question: “When the law calls for action 'by the Governor and Council,’ has the Governor to concur with a majority of the Council in order to make its decision effective, or is he to be considered a member of the deciding body with one vote? ”…

1Opinion of the Court

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

The substance of your question of June 5, 1912, a copy of which is hereto annexed, is whether an increase of the salary of the superintendent voted by the trustees of the Westborough State Hospital must be approved by the Governor and also approved by the Council in order to be effective.

The answer depends upon the true construction of the words “subject to the approval of the Governor and Council” found in St. 1909, c. 504, § 18, which authorizes the trustees of the hospital to determine the salary…

2Cases cited2 opinions

  1. Sparhawk v. SparhawkMassachusetts Supreme Judicial Court · 1874
  2. Opinion of the Justices to the Governor & CouncilMassachusetts Supreme Judicial Court · 1906

3Cited by5 opinions

  1. Scullin v. Cities Service Oil Co.Massachusetts Supreme Judicial Court · 1939
  2. Murphy v. CaseyMassachusetts Supreme Judicial Court · 1938
  3. Opinion of the Justices to the Governor & CouncilMassachusetts Supreme Judicial Court · 1941
  4. Opinion of the Justices to the GovernorMassachusetts Supreme Judicial Court · 1971
  5. Opinion of the JusticesSupreme Court of New Hampshire · 1953

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