Opinion of the Justices

112 A. 525, 79 N.H. 535, 1919 N.H. LEXIS 71

• Court: Supreme Court of New Hampshire
• Decided: July 16, 1919
• Status: Published

Opinion

To His Excellency the Governor and the Honorable Council:

As has been frequently said by the justices of this court our constitutional advisory power is limited to the expression of opinion upon important questions of law necessary to be determined by the body requiring advice. 67 N. H. 600. The resolution which we have been informed has been adopted by you requiring our opinion upon the question “whether the governor can legally remove the adjutant-general of the state” fails to make clear what action of your body is dependent upon the answer to that question. But upon the assumption that our opinion may be of use to you in the performance of the duties legally imposed upon you, we herewith respectfully answer.

Our opinion is that the governor has not the power to remove the adjutant-general, a duly commissioned officer of the militia, except upon the address of both houses of the legislature. Constitution, Part II, article 52 (53); 62 N. H. 706.

While the secretary of state is the recording officer of the council, the verity of the record is established by the signatures of the members of the council. Constitution, Part II, articles 46 (47), 63 (64).

The informality by which information of your action has reached us has not been permitted to prevent prompt consideration and reply.

Drew, Shurtleff, Morris & Oakes (Irving A. Hinkley on the brief), .(Mr. Morris orally), for Charles W. Howard, adjutant-general. Oscar L. Young, attorney-general, for the state. Frank N. Parsons. Reuben E. Walker. John E. Young. Robert J. Peaslee. William A. Plummer.

July 16, 1919.