In re Opinion of Justices

• Decision Date: 31 October 1865
• Citation: 37 Mo. 135
• Parties: OPINION OF JUSTICES
• Court: Missouri Supreme Court

37 Mo. 135

OPINION OF JUSTICES

Supreme Court of Missouri.

Oct. Term, 1865.

QUESTIONS.

The Senate adopted a resolution propounding to the Supreme Court the following inquiries:

First--Has the General Assembly power to increase the capital stock of any incorporated company, now in operation, granted by this State heretofore?

Second--Can the General Assembly so alter, change, or mod ify, the act of any incorporated company doing business as to enlarge its powers, change its number of directors, or add new branches of business to its functions, provided such change, alteration, or modification, does not destroy the original object contemplated in the act of incorporation.

Third--Does sec. 6 of art. 8 apply to incorporated companies doing business in the State before July 4, 1865, under special and general laws both, or under general only?

OPINION.

IN THE MATTER OF QUESTIONS OF CONSTITUTIONAL LAW SUBMITTED BY RESOLUTION OF THE SENATE OF THE STATE OF MISSOURI, DECEMBER 9, 1865.

With every disposition to comply with the wishes of the Senate, as expressed in their resolution directing the foregoing inquiries to be presented for our opinion, under the duty imposed upon us by the eleventh section of the sixth article of the Constitution of the State, we have addressed our minds to the consideration of the subject; but we have met with difficulties at the outset, arising out of the general and indefinite nature of the questions proposed, which have made it necessary for us to consider, and, in some degree, to define the extent of, the obligation imposed and the limits of the power conferred on the Judges of the Supreme Court by that provision of the Constitution. It is that “the Judges of the Supreme Court shall give their opinion upon important questions of Constitutional law, and upon solemn occasions, when required by the Governor, the Senate, or the House of Representatives; and all such opinions shall be published in connection with the reported decisions of said court.” (Const. the State of Mo., art. 6, sec. 11.)

The power conferred is limited to “important questions of Constitutional law, and upon solemn occasions,” and then only when required by the Governor, the Senate, or the House of Representatives. It is obvious that the Governor, Senate, or House of Representatives, must judge for themselves when they will require such opinions, and that the Judges must determine what are ““questions of Constitutional law,” and what are “solemn occasions” within the meaning of this section. And, first, it must be a question of law only, and it must arise upon the Constitution alone. It can scarcely be any other than some question of the proper construction and true meaning of some provision, clause, or words, contained in the Constitution; and it must be, in its own nature, a judicial question, the final determination of which, by the organic frame of our Government, properly belongs to the Judiciary. In calling for...