In re Investigating Comm'n

• Decision Date: 05 October 1887
• Citation: 16 R.I. 751,11 A. 429
• Parties: In re INVESTIGATING COMMISSION.
• Court: Rhode Island Supreme Court

11 A. 429

16 R.I. 751

In re INVESTIGATING COMMISSION.

Supreme Court of Rhode Island.

October 5, 1887.

Under article 10, § 3, of the constitution of the state, providing that "the judges of the supreme court shall give their written opinion upon any question of law whenever requested by the governor or by either house of the general assembly," the governor addressed in October, A. D. 1887, the following communication to the justices of the court:

To the Honorable Judges of the Supreme Court:

I have the honor to submit the following matters for the consideration of the judges of the court:

Whereas, representations have been made to me of malfeasance and nonfeasance in the management of the state prison, and of some of the other penal institutions of the state under the charge of the board of state charities and corrections, of such a character that, if they should be ascertained to be true, it would be my duty to suspend, or, with the consent of the senate, to remove from office the members of said board who have been responsible for such malfeasance or non-feasance; wherefore, inasmuch as it is inconvenient and, perhaps, will be impossible for me in person to make due inquiry into the truth of the said representations, I request the written opinion of the judges of the court whether I may, as governor, in aid of the due execution of the duties of my office, and to enable me more certainly to take care that the laws be faithfully executed, in accordance with right to all parties, appoint persons, and commission them to make inquiry as to the truth of said representations, and to report to me the facts as they may ascertain them to be, with their recommendations to me thereon, and whether such commission may summon witnesses, to matters pertinent to such inquiry, compel them to testify, and take their testimony under oath, and whether the members of such commission will be protected in acting thereon, and in making their report to me. JOHN W. DAVIS, Governor.

OPINION OF THE COURT.

To His Excellency, John W. Davis, Governor of the State of Rhode Island and Providence Plantations:

We have received from your excellency a communication asking for our opinion upon the three folio wing questions, to-wit: First, whether you have power to appoint and commission persons to inquire into the truth of certain representations which have been made to you of malfeasance and non-feasance in the management of the state prison, and some of the other penal...