The Referendum in America Together With Some Chapters On the Initiative And the

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18 The legislature in 1894, had asked the justices of the Supreme Court of Massachusetts for their opinion as to the constitutionality of the submission of such a law, and al- though there was some difference in the court, a majority of the judges united in declaring that an act so adopted would be invalid. While this was strictly speaking, not an of- ficial deliverance being intended merely for the legislature's information and advice, it is an admirable review of an im- portant constitutional... question. The opinion deterred the legislature from passing a conditional act on this subject, and led it instead to adopt the simple plan of taking the sense of the people on a proposition disconnected with any con- crete law. There is nothing, it would seem, that could pre- vent the legislature from resolving to ask the people for ad- vice. It is perhaps, as constitutional for it to do this, as to ask the Supreme Court or an executive officer of the govern- ment, or any other department, court or body, for an opinion regarding any subject about which they may be presumed to have useful information.

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