In re Opinion of the Justices

• Citation: 190 Mass. 611,77 N.E. 820
• Parties: In re OPINION OF THE JUSTICES.
• Decision Date: 30 April 1906
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

190 Mass. 611

77 N.E. 820

In re OPINION OF THE JUSTICES.

Supreme Judicial Court of Massachusetts.

April 30, 1906.

Response of the Justices of the Supreme Judicial Court to a question propounded to them by the Senate.To the Honorable the Senate of the Commonwealth of massachusetts:

The Justices of the Supreme Judicial Court have received the order of the honorable Senate requiring their opinion upon the following important question of law: ‘Is it a constitutional exercise of the legislative power of the General Court, to enact a law providing for an appropriation of money from the treasury of the commonwealth, for the purpose of recognition of valuable services of persons who served to the credit of Massachusetts during the Civil War, and who were honorably discharged from such service, such appropriation to be used either for the payment of sums of money to such persons, or for medals or other evidences of appreciation of their services, if in the opinion of the General Court, the public good will be served and loyalty and patriotism promoted by such recognition?’

We are somewhat embarrassed by the form of the question and the mode of its presentation. The object of the constitutional provision that the Justices may be required to give opinions to the executive and legislative branches of the government, on important questions of law, is to enable these departments to have such assistance as may come from these opinions, in the performance of their official duties in regard to matters then pending. Opinion of the Justices, 186 Mass. 608, 72 N. E. 95. As these opinions are necessarily given without the aid of arguments of counsel, and as they may affect the rights of parties who have had no opportunity of being heard, even though they are of no binding force against litigants in the courts, they ought not to be given, except when needed in the consideration of an important matter of state that calls for official action. It is a usual practice, in presenting such questions, to direct attention to the particular subject under consideration in reference to which the opinion is desired. This practice is convenient and helpful, first, as showing expressly the existence of an occasion which justifies the Justices in giving their opinions, and secondly, as enabling the Justices to understand the questions, in their practical application to the subject to which they relate. The most difficult questions of law often arise in the application of legal principles to concrete cases, rather than in the determination and statement of the principles themselves.

The question now presented does not point to any particular kind of legislative action as under consideration by the General Court. It is in the most general form, looking apparently to the subject of appropriating money from the treasury of the commonwealthfor any conceivable mode of recognition of services of honorably discharged soldiers, who served to the credit of Massachusetts in the Civil War. The inquiry relates to all such soldiers, and to recognition of their services by the payment of money, the bestowal of medals, or by other evidences of appreciation. If this appeared to be a question asked merely to obtain general information, without reference to any proposed legislation, it would be our duty to decline to answer it; but, notwithstanding the broad field traversed by it, we are inclined to assume that it has reference to some special subject which is before the honorable Senate for consideration. We do this the more confidently because it has been publicly stated that a bill has been introduced in the Legislature, looking to the payment to persons who enlisted to the credit of Massachusetts as soldiers in the Civil War, of sums of money, equivalent to the differences between the bounties paid them on their enlistment and larger bounties received by other soldiers who enlisted at other times and in other places. We have no information of the form or language of this bill, if there is such a bill; but we think it proper to consider the question in its possible application to such a measure.

The general principle that the people can be taxed, in this commonwealth, only for public purposes is established by many decisions. Lowell v. Boston, 111 Mass. 454, 15 Am. Rep. 39;Opinion of the Justices, 155 Mass. 598, 30 N. E. 1142,15 L. R. A. 809, and cases cited. Opinion of the Justices, 182 Mass. 605, 66 N. E. 25; Opinion of the Justices, 186 Mass. 603, 72 N. E. 95. The power of the Legislature to appropriate money from the treasury...