Page:A Brief History of the Constitution and Government of Massachusetts (1925).pdf/47



In 1858 Governor Banks took office, and the Legislature after extended hearings sent an address to him requesting the removal of Judge Loring as Judge of Probate. Governor Banks acceded to the request and removed the Judge, on the ground that an act had been passed by the Legislature making it illegal for one man to occupy the two offices.

No reasons were assigned in the first or last of these three addresses; but in their messages both Governor Gardner and Governor Banks gave their reasons—in one for not removing, and in the other for removing the Judge.

In the other case, that of Mr. Justice Day, several hearings were held and all the accusations against him were thoroughly investigated. In 1881 when the case came up for the first time, the committee reported against removing him and their report was sustained by the Legislature. In 1882, however, the committee reported in favor of removal; both Houses voted for it, and the Governor removed Judge Day accordingly. No reasons were given by the Legislature in its address to the Governor and none were given by the latter in acceding to the request for removal. Even as late as this case, a petition was signed by leading members of the bar, asking that the opinion of the Supreme Court be requested as to the right of removal by address for any cause except mental or physical incapacity. This suggestion, however, was not acted upon.

Whatever the intention of the framers of the Constitution may have been, there seems no doubt from the language