In re Opinion of the Justices
| Citation | 191 A. 487 |
| Parties | In re OPINION OF THE JUSTICES. |
| Decision Date | 17 November 1936 |
| Court | Supreme Judicial Court of Maine (US) |
Opinion of the Justices of the Supreme Judicial Court rendered on the submission of questions by the Executive Council.
Answers to questions refused.
State of Maine
Executive Department
Augusta, Nov. 9, 1936
To the Honorable Justices of the Supreme
Judicial Court:
Under and by virtue of the authority conferred upon the Executive Council by the Constitution of Maine, article VI, section 3, and being advised and believing that the questions of law are important, and that it is upon a solemn occasion, the majority of the Executive Council of the State of Maine respectfully submits the following statement of facts and questions and asks the opinion of the Justices of the Supreme Judicial Court thereon:
Statement
On July 1, 1936, a vacancy happened in the Executive Council by reason of the death of Dr. Allen M. Small of the Fifth Councilor District.
On July 7, 1936, the Governor nominated Honorable Ralph L. Cooper to fill the vacancy.
On July 15, 1936, at a session of the Council, the Governor presented the nomination of Mr. Cooper to the Council and the same was placed upon the table by the Council.
On October 20, 1936, the Governor nominated Mrs. Edith M. Small to fill the said vacancy, prior thereto having withdrawn, if legally authorized to do so, the nomination of Mr. Cooper.
On November 6, 1936, at a session of the Council the Governor presented the nomination of Mrs. Small to the Council.
The nomination of the name of Mrs. Small was temporarily laid on the table. In order that the Council might avoid and waive, if possible, the legal objection, if any, to the nomination of Mrs. Small by reason of the pendency of a prior nomination before the Council, the nomination of Mr. Cooper was taken from the table and a vote was passed authorizing the Governor to withdraw Mr. Cooper's nomination. Thereafter the nomination of Mrs. Small was taken from the table and re-tabled pending determination of the legal situation set forth in this inquiry.
The following questions are, therefore, respectfully asked:
1. A nomination having been made by the Governor and the same having been presented for advice and consent to the Council and laid on the table by the Council, has the Governor authority to make an other nomination for the same office while the first nomination is pending either by the withdrawal of the first nomination by the Governor or without such withdrawal?
2. If the answer to the first question is in the negative, may the Council, sub sequent to the second nomination, by authorization of the Governor to withdraw the first nomination waive the pendency of the first nomination at the time of the second nomination and consent to the appointment of...
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In re Op. of the Justices
...“Subjects of advisory opinions must be “of instant, not past nor future concern; things of live gravity.” Opinion of the Justices, 134 Me. 510, 513, 191 A. 487 (1936). The questions of whether the constitutional three-day procedure was triggered by the Legislature's action or inaction, incl......
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Opinion of the Justices
...nor future, concern; things of live gravity." Opinion of the Justices, Me., 260 A.2d 142, 146 (1969), quoting Opinion of the Justices, 134 Me. 510, 513, 191 A. 487, 488 (1936). Question 5 solicits our opinion on the effectiveness of a bill before it even becomes law. To express a view as to......
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Opinion of the Justices
...nor future, concern; things of live gravity.' " Opinion of the Justices, 260 A.2d 142, 146 (Me.1969) (quoting Opinion of the Justices, 134 Me. 510, 513, 191 A. 487, 488 (1936)). The subject of Questions 1 and 2 is not related to any potential procedural defect in the pending initiated bill ......
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Opinion of the Justices of the Supreme Judicial Court
...Rather the questions are of "instant, not past or future concern; things of live gravity" to the Senate. Opinion of the Justices, 134 Me. 510, 513, 191 A. 487, 488 (1936). We proceed to address the Senate's questions. QUESTION NO. 1. If the provisions of Legislative Document 849, as amended......