Davis v. Commonwealth

This is a petition against the Commonwealth under Pub. Sts. c. 195, as amended by St. 1887, c. 246. The Commonwealth demurred to the petition; the Superior Court overruled the demurrer and ordered judgment for the petitioner ; and the Commonwealth appealed to this court. The order of *242the Governor and Council, passed February 5, 1890, seems to us within the authority granted by the resolve of March 20, 1888, c. 39, and we have no doubt that the Legislature had the constitutional power to pass the resolve.* We cannot declare the contract made with the petitioner by the Governor and Council void…