The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-08-19
The supreme Court aud the Lon" Biil

The supreme Court aud the Lono Biil
We present below a dignilied and able
letter from Mr. Justice FLANDRAr, address
e,i 10 the President OF the Senate. as to the
propriety of the Court submitting extra
judicial opinions to the Legislature
lion. William Iioioombe. President ot Tie
Senate;
SRA copy OF the Resolution Of the
Senate, passed August 9th, inst, requesting
an expression OF opinion of the supreme
Court upon the construction to be given to
that part Of section ten, article nine OF the
Consultation OF this State, which is in the
following words And as further security,
an amount of first mortgage bonds on the
roads, lands and franchises OF the respective
companies corresponding to the State bonds
issued, shall be transferred to the Treasurer
OF the State at the time Of the issue of
state bonds, was received by me yestcr.
day.
After consultation with the ChiefJus,
upon the matter involved therein, find that
am the only member Of the Court who
has been officially notified Of the passage Of
your Resolution, and that Justice Atwater
is absent from the State. Without express.
ing any opinion upon the applicability OF
the statute upon which your Resolution Is
based TO the present organization Of the Su'
preme Court, we concur in the view that the
provision Of that statute which authorizes
either House of the Legislature TO request
the opinion Of the Supreme Court, or any
one or more Of the judges thereof, upon
given subject, is intended to apply only to
such questions as shall be pending before
the Legislature, or either House thereof,
about which there may exist some doubt as
to the constitutional power or jurisdiction
Of the Legislature to act, making the " Su-
preme Court, or any one or more Of the
Judges thereof the constitutional advisor
of the legisa,ure--as the Attorney General
is of that and other branches and officers Of
the Government; but IL no casc Is IT in
tended that the Court or its members shall
be required TO express opinions upon mat
tiers except with view TO aid the Lfglsa-
ture in the exercise Of some OF its legitimate
functions, by clearing up doubts which may
obstruct them. The expression Of opinion
by Courts or Judges out q the regular
course Of judicial proceedings ia to I've depre-
Gated 10 all instances upon principle and
should never bc resorted 10 unless made
clearly duty by statutory enactment.
We think that, in the present instance,
the Resolution and the sub ject matter Of the
inquiry clearly Indicate that the opinion de-
sired is-not to aid the Legislature or either
house thereof in the performance Of any do.
IL devolving upon them requiring con
s,ruction Of the provision Of the Constitution
referred TO, but j. to influence d question
which may arise between the Governor Of
the State and certain railroad COMPANIES,
involving private rights which may become
the subject Of Judicial inquiry and decision,
and that. a. such, do not fall within the
class Of question. contemplated by the stat
ute. Entertaining these views J, becomes
our duty respectfully 10 decline The e1ps's
SION OF our opinion upon the subject em-
braced 10 your Resolution.
Approaching the importance 81 the inter
csts involved in settling the construction 70
he placed upon this provision Of The C0ns'''
tuition, We arrive al this result with less re-
luc,ance than We otherwise should, rom
knowledge Of the facilities which exist Tor
speedily bringing II regularly before the
Courts for judicial determination.
With much respct, ! am
Your most otsslieni s.ryan'
Cas-. Z. FiaspRlr,
A.=ociaie Justice sup. Crit. MINI.