Opinion of the Justices to the Council

To the Honorable Council of the Commonwealth of Massachusetts:

The Justices of the Supreme Judicial Court respectfully submit this answer to the question contained in an order of the Honorable Council adopted on February 6, 1968, and transmitted to us on February 8, 1968.

The order recites that there exists a vacancy in the office of Sheriff of Suffolk County due to the death of Sheriff Frederick E. Sullivan; that formerly under Part II, c. 2, § 1, art. 9 of the Constitution and art. 19 of the Amendments, “[Yjhe appointment to the office of Sheriff of a County by the Governor required the…