Portland gazette and Maine advertiser., 1807-02-16

AOILtAtullOIIS OClhS th@ HlAI eIAN~
Legislative days after the Bill and Re-
folve were prefented to dis Exceilen-
cy. This only rational and proper
contribution Of the Contribution,
ought to be conGdered at this time as
fettled and eftabiilhed beyond all con-
troverley, for the following reafon /;
that the Contribution having provid-
ed, that {" Each branch Of the Legj7e-
fure JBaA haze authority TO require the
opinions gf the 5yfices d th Supreme
judicial Colvt, upon important qU5f-
imJ Of .azS, and upon Elemn oecafen5 !"
the Senate Of this Commonwealth,
on the l4th OF February, 1891, with
fuitab.e decorum and refpea for
the Contribution, and for the Jultices
Ct this high and important tribunal
(Which IS efabhlhed by the people
in like manner as pofening equal au-
thority supremacy ami power, in
their proper departments, as ehentlal
TO the public peace, fecurity and hap
pincls asd which mutt necedarily
decide, 10 the lalt reGort, upon all
conditutional quelions, and laws
made in pUrGuance Of The Contitu-
tion) propoted to the Juitices Of the
Supreme Judicial Court, certain quett-
ions relative to proper contraction
Of the Contribution and received
the anfwer from faid Julices, as fol-
lows -
THE Ju(fices Oft Supreme Judicial Court
in obedience to your Honors orders Of the
l4ih of February lalt, beg leave to iubmlt the
following opinions IN anlwer to your tionor's
queitions.
FvR, Whether Bill Of Rerolve, having
paned both Branches of the Legislature, and
being laid before the Governor for his apPro-
baton ,lefs thar five days before the receis Of
the General Court, next preceding the lalt
"Wednesday Of May, and FIVE days before the
period when the Contribution requires the
General Court lhaIl be didolved but not acted
upon by him. has by the Contribution the force
Of law
If BY recele in this que(tion Is meant, re-
cels after propagation, or recei' after an adj
journment, where there is no iublequent
meeting Of the fame General Court on that
adjournment, we are clearly of opinion that
fad Bill or refolve has not the force Of law.
SscoaAy, Whether Bill or Rclolve having
pafed both Branches Of the Legislature. and
lo L.. 1 u -
baton, lefs than five days before any receis Of
the General Court, other than luch as is ltsted
in the preceding queltion, and not acted upon
by him, has the force Of law
If, by the term reCeis, in the fecond, is in
tended a recefs upon an adjournment, and
luch Bill or Relove lays more than five days
before the Governor for his appreciation, IN
Guiding the days of the Courts fitting before
the adjournment, and 20 many days of the
Courts fitting upon the adjournment, as will
make up the full term of FIVE days, without
the Governors returning the fame, with his
rea'ons for not approving it, we conceive iuch
Bill or Relolve mas the force Of law for all
the days Of the Courts fitting are bur 0nr M
Esa, although an adjournment intervcncs.
When Propagation takes place, the FELTON, is
I
en7e4, cannot acquire the force af law. All
which is humbly Cubmtted
NATHANIEL p. SARGENT,
FRANCIS DANA,
ROBERT T. PAINE,
INCREASE SUMNER,
NJ GUSHING
BsFaa, Nav 9, I79I.-Hon. PRECEDENT or the
Senate of the Commonwealth Of 11ag4abH-
Ett5.
Here the queaion appears to have
been deliberately lettled by the high
eft authority, thai the 1fve days were
tfUe days uVbsn the Legislature J5ouH Be
in )cEon. And it may with proPriety
be obferved, that this trantaCtion was
at time, when no political dihcn-
ton or party animoGty exitted in our
country but the minds of men were
foley directed to the inquiry after
truth. And the character OF thofe
who gave this opinion, ought to in
lpire the fulleG confidence their
names are entitled to veneration
And if the quehion had been pre-
viou1y doubtful, how can candor and
fufer il any longer 70 remain
70 7 The original Of this opinion was
in the courie of the debate upon the
expediency of pafing the Relolve or
vote, under confederation Produced
and read TO this Houfe by a Mem
Der.
The opinion thus given in 1871,
was at that time approved by the Sen
ate. as the true and proper conitruc-
ton Of the contribution and we con-
ceiYe. from a due reIpeA to theft