Legal Opinion

In re Inquiries Submitted by Woodson

Supreme Court of Missouri

Decided October 15, 1874PublishedCited by 4 opinions

The. following inquiries were submitted by the Governor to the Judges of the Supreme Court. Under tlie provisions of the 11th section, of Art. VI of the Constitution, I beg leave to call jour attention to certain constitutional provisions and legislative enactments, and most respectfully ask your opinions upon certain questions growing out of them.

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The. following inquiries were submitted by the Governor to the Judges of the Supreme Court. Under tlie provisions of the 11th section, of Art. VI of the Constitution, I beg leave to call jour attention to certain constitutional provisions and legislative enactments, and most respectfully ask your opinions upon certain questions growing out of them. The 14th section of Art. VI and the 52nd section of Art. VI of the Constitution, taken in connection with the act ■approved the loth of March, 1872, entitled “an act dividing the State into judicial circuits, prescribing the times of holding courts…

1Opinion of the CourtWagner, Judge

The first question propounded is whether the act of March 31st, 1874, attaching Benton county to the 25th judicial circuit, is constitutional; and the second question is, whether the person elected on the 3rd of November, as judge of the Circuit Court of Benton county, is entitled to be commissioned.

In reference to the first interrogatory it is only necessary to say, that the question relates to the constitutionality of an act which has already passed and is upon the statute book. It is the province of the supreme judges to only give an opinion or adjudicate upon such laws, when the question…

2Cited by4 opinions

  1. Vicksburg & Meridian Railroad v. LowryMississippi Supreme Court · 1883
  2. In Re School-Law ManualSupreme Court of New Hampshire · 1885
  3. Wood v. State Ex Rel. GillespieMississippi Supreme Court · 1932
  4. Thomas v. WerremeyerMissouri Court of Appeals · 1889

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