Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-03-14
Report of the judiciary Commit
tee on a Portion of the Govern
Or's Address.

The Committee on the Judiciary to which
was referred so much Of the Governors adj
dress as relates 10 the Courts. and the constr
tutipnai provision for requiring the opinion
Of the Court On certain occasions, have had
the same under consideration and ask leave
to report as follows:
The Governor in his address makes two
declarations, that have seemed TO the Com
miftee to req uire consideration and report.
The Committee understand the Governor t.
declare in effect that the constitutional pro-
vision in question. in his opinion, is wrong
in principle and dangerous in practice; and
to further declare that the opinions thus OBJ
tanned from the Court, have no force as decis-
ions, but are only to be taken for what they
are worth as opinions, and to be followed or
lature.
The Committee are unable to assent to
either Of these propositions.
The provision in question. is section 3, ar
ticle 6, Of the constitution. as follows;
ssThey. 1.-THE Justices Of the Supreme Judicial
Court -hail De ooiSento give tfeI' oPihioi
upon important questions of Law and upon SOL
emn occasions when required by the d"vernor
Council Senate. or House of R-presentatives."
| Long before the adoption nj the constitution
the word opinion when used in reference
| to law or courts had acquired in England and
| America, distinct technical meaning. The
| word must here De USED IN mat sense. IN the
above section of the constitution. This rule
| of Interpretation Is universal, applicable 10
constitutions, As well as well rs statutes and
contracts. This ancientlv settled meaning
of the word opinion through centuries of
| legal literature, makes II nearly If not quite
synonymous with the word .'deeision
Ii is the exposition OF the decision Web
-ters Dictionary gives The following legal
definition OF The word opinion IN law,
the formal decision Of Judge, umpire,
councillor or other party. officially
called upon to consider and decide upon a
| spute or difficulty.
1t seems improbable that the people in IN
sorting that provision IN the fundamental law,
in the very organic law OF the States exist
enee, intended the OPINION thus formally
asked, upon important questions and solemn
occasions, should have no more force than
| the opinion OF neighbor. or the advice of
friend To he adopted IT agreeable. OF rejected
| If disagreeable. There would seem to be no
occasion for constitutional provision to en-
able either department to obtain such opIn-
ions or advice from such person as each might
have confidence IN or rom the Attorney Ten
eral. 1t the formal opinion OF the judges,
when formally asked, was to have no more
| force than the opinion OF any lawyer. there
could be no good reason why they should be
constitntionaliy commanded to give It, There
are able and honest lawyers at the Bar As well
AS ON the Bench
III Is not the opinion OF the persons VINO
| chance to he on the Bench at the time, that
is contemplated; 1t Is the opinion of the JUS
tees, "a Justices. IL Is not neighboriy ad'
vice nor individual OPINION that Is called Tor
by the constitution. '''hey shall be Obliged
to give their opinion Is the language. 1t Is
'opinion, not opinions. III Is the sum Oh
their judgments the result OF not personal
but oihcial deiibera'ion ana action. III Is moi
the voices OF several Respectable gentlemen
and good lawyers. II Is the voice OF the
Judiciary. co-eqnal branch of the govern
ment and charged with tile DUTY ut interpret
ing the laws, ana speaking authoritatlveiy by
virtue and command ct that same constitu-
ton by virtue and command o; which the
| Executive and Legislature speak.
This is no violation Of the principle OF the
equality of the three departments all ofhclal
acts OF the Executive, or ot the Legisia-
ture. done by virtue and command OF the con
stitution, are to be respected and obeyed.
The official acts OF the Judiciary. done by
virtue and command OF the constitution are
entitled to equal respect, II the equal dignity
ami authority Oh the three departments are
to be preserved.
1t was not the purpose, nor mas II been tue
effect OF tins provision to permit any interior
ence by the Court, IN matters OF adminlstra'
ton or legislation, but rather to enable a
learned and honored Court to point out the
path of constitutional duty and power, to the
department asking Its aid IL was to secure
harmony OF Interpretation as TO constitution
al law and rights ana prevent unseemiy con-
ficts between the Executive anu Legislature,
the Senate ana House. or the governor and
Council. IL was 10 prevent wrongs, instead
of leaving them to be committed, and then
redressed- by means oil inns lamp set oy the
founders OF our commonwealth, the Executive
and the Legislature can see the bounds OF
their power and duty as hxed by the people
and avoid encroachment on the rights oi
each other, or the rights OF the people
1t mas served It's purpose wen. IL came 10
US from the Mother state, IN whose constitu
ton 1t has stood Tor century. All through
that century, IN both States, are instances
where some department was IN doubt not a.
to expediency, but as to constitutional right
and asked tor light from the constitutional IN
terpreters OF the law When that light has
| hppn received. (ypyernprs. Ipyis tlturps