Legal Opinion

Answer of the Justices to the Council

Massachusetts Supreme Judicial Court

Decided May 31, 1912PublishedCited by 13 opinions

On May 1, 1912, the following order was adopted by the Council and on May 2, 1912, was transmitted to the Justices of the Supreme Judicial Court. On May 31, 1912, the Justices returned the answer which is subjoined.

Read the full summary

On May 1, 1912, the following order was adopted by the Council and on May 2, 1912, was transmitted to the Justices of the Supreme Judicial Court. On May 31, 1912, the Justices returned the answer which is subjoined. Ordered, That the opinion^ of the Justices of the Supreme Judicial Court be required upon the following important question of law: When the law calls for action "by the Governor and Council,” is the Governor to concur with a majority of the Council in order to make its decisions effective, or is he to be considered a member of the deciding body, with one vote?

1Opinion of the Court

To the Honorable Council:

Your question under date of May 1, 1912, is this: “When the law calls for action ‘by the Governor and Council/ is the Governor *631to concur with a majority of the Council in- order to make its decisions effective, or is he to be considered a member of the deciding body with one vote? ”

The requirement of the Constitution is that the Justices of the Supreme Judicial Court give opinions to the Governor and Council "upon important questions of law, and upon solemn occasions.” This provision has been construed to mean that such opinions may be required only respecting pending…

2Cases cited6 opinions

  1. Answer of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1889
  2. Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1906
  3. Answer of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1890
  4. Answer of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1877
  5. Opinion of the Justices to the Governor & CouncilMassachusetts Supreme Judicial Court · 1904

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1914
  2. Justices to the GovernorMassachusetts Supreme Judicial Court · 1974
  3. Opinion of the Justices to the Governor & CouncilMassachusetts Supreme Judicial Court · 1949
  4. Answer of the Justices to the GovernorMassachusetts Supreme Judicial Court · 1913
  5. Answer of the Justices to the SenateMassachusetts Supreme Judicial Court · 1935

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API