Opinion of the Justices to the Governor & Council
Massachusetts Supreme Judicial Court
A communication from the Governor and Council dated March 20, 1914, and containing the following question was submitted to the Justices of the Supreme Judicial Court, who on March 31, 1914, returned the answer which is subjoined. Is chapter 720 of the Acts of 1912, relating to the term of office of the Adjutant General, unconstitutional in that it is an interference with or a usurpation of the powers of the Commander-in-Chief or the Executive Department?
1Opinion of the Court
To his Excellency the Governor and the Honorable Council of the Commonwealth of Massachusetts:
The requirement of the Constitution that the Justices of the Supreme Judicial Court give opinions to the Governor and Council “upon important questions of law, and upon solemn occasions,” has been construed to mean that such opinions may be required only respecting pending matters, in order that assistance may be gained in the performance of present duties. Opinion of the Justices, 186 Mass. 603, 608; 211 Mass. 630, 631. Therefore, in answering the question in your communication of March 20, 1914, it…
2Cases cited8 opinions
- Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
- Parsons v. United StatesSupreme Court of the United States · 1897
- Blake v. United StatesSupreme Court of the United States · 1881
- Barnes v. Mayor of ChicopeeMassachusetts Supreme Judicial Court · 1912
- Opinion of the Justices to the Governor & CouncilMassachusetts Supreme Judicial Court · 1904
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3Cited by15 opinions
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
- Attorney General v. TuftsMassachusetts Supreme Judicial Court · 1921
- Commonwealth v. KozlowskyMassachusetts Supreme Judicial Court · 1921
- Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1939
- Opinion of the Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1941
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