In re Opinion of the Justices
| Decision Date | 06 April 1935 |
| Citation | 178 A. 620 |
| Court | Maine Supreme Court |
| Parties | In re OPINION OF THE JUSTICES. |
Questions Submitted by the House of Representatives of Maine to the Justices of the Supreme Judicial Court of Maine, March 30, 1935, with the Answers of the Justices Thereon.
In House of Representatives
March 30, 1935.
Whereas there is now pending before the House of Representatives a bill providing for an increase in resident hunting and fishing license fees, such bill being entitled, "An Act Relative to Resident Fishing and Hunting Licenses" (S. P. No. 132) (L. D. No. 79);
And whereas said bill originated in the Senate and not in the House of Representatives ;
And whereas the constitutionality of said measure has been questioned, and it is important that the Legislature be informed as to the constitutionality of the proposed measure;
Now therefore be it ordered that the Justices of the Supreme Judicial Court are hereby respectfully requested to give to the House, according to the provisions of the Constitution on this behalf, their opinion on the following question, to wit:
Is the proposed legislation a measure to raise revenue within the meaning of section 9 of article 4 (pt. 3) of the Constitution, which required that revenue bills shall originate in the House of Representatives?
To the Honorable House of Representatives of the State of Maine:
The undersigned Justices of the Supreme Judicial Court, having considered the question upon which their advisory opinion was requested by House Order of March 30, 1935, respectfully submit the following answer:
Question 1. Is the proposed legislation a measure to raise revenue within the meaning of section 9 of article 4 (pt. 3) of the Constitution, which required that revenue bills shall originate in the House of Representatives ?
Answer. The Constitution of the State of Maine provides that the Justices of the Supreme Judicial Court "shall be obliged to give their opinion upon important questions of law, and upon solemn occasions, when required by the Governor, Council, Senate, or House of Representatives." Article 6, § 3, Constitution.
Because of the great respect which the Justices have entertained for the executive and legislative branches of government, they have, from the beginning, followed the general policy of answering questions so submitted, without much regard to the importance thereof or to the solemnity of the occasion. This has resulted in many opinions having been given on...
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Opinion of the Justices
...is supported by the overwhelming weight of authority. Annotation 4 A.L.R.2d 973. The same conclusion was reached in Opinion of the Justices, 133 Me. 537, 178 A. 620, where it was considered well settled that a bill increasing hunting and fishing license fees did not have to originate in the......
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State v. Lasky
...no 'death wounds,' in themselves, to be absolute verity, and of themselves conclusive.' In 1935 the Justices of the Court, in 133 Me. 537, 539, 178 A. 620, joined in an opinion to the House of Representatives that a bill, 'An Act Relative to Resident Fishing and Hunting Licenses', was 'regu......
- Pierson v. Pierson