Legal Opinion

Opinion of the Justices to the Governor

Massachusetts Supreme Judicial Court

Decided May 27, 1912PublishedCited by 7 opinions

In answer to a letter received from the Governor, containing the question described below, the Justices of the Supreme Judicial Court on May 27, 1912, returned the answer which is subjoined.

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In answer to a letter received from the Governor, containing the question described below, the Justices of the Supreme Judicial Court on May 27, 1912, returned the answer which is subjoined. The question contained in the letter of the Governor was in regard to the constitutionality of House Bill No. 2247, entitled “An Act to prohibit discrimination in the sale of commodities,” of which the first two sections were as follows: Section 1. Any person, firm, association or corporation, foreign or domestic, doing business in the Commonwealth and engaged in the production, manufacture or…

1Opinion of the Court

To his Excellency,

Eugene N. Foss,

Governor of the Commonwealth of Massachusetts:

The Justices of the Supreme Judicial Court have received your letter requesting their opinion as to the constitutionality of House Bill No. 2247, which is now before you for revisal under c. 1, § 1, art. 2 of the Constitution.

There are grave doubts whether the Governor alone is empowered to require their opinion touching a matter arising in the performance of this duty of revisal. There has been no sufficient opportunity for all the Justices to investigate, consult and deliberate upon this point since the receipt…

2Cases cited12 opinions

  1. Standard Oil Company of New Jersey, Appts. v. United StatesSupreme Court of the United States · 1910
  2. Noble State Bank v. HaskellSupreme Court of the United States · 1911
  3. Hammond Packing Co. v. ArkansasSupreme Court of the United States · 1909
  4. Waters-Pierce Oil Co. v. Texas (No. 1)Supreme Court of the United States · 1909
  5. Southwestern Oil Co. v. TexasSupreme Court of the United States · 1910

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3Cited by7 opinions

  1. Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
  2. Slome v. Chief of Police of FitchburgMassachusetts Supreme Judicial Court · 1939
  3. Commonwealth v. McHughMassachusetts Supreme Judicial Court · 1950
  4. Holcombe v. CreamerMassachusetts Supreme Judicial Court · 1918
  5. Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1921

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