CONTEMPT - CONSTITUTIONAL LAW - PARDONS - POWER OF A GOVERNOR TO PARDON FOR CONTEMPT

Dolan and Quinn were indicted for crime, and while awaiting trial were cited for contempt because of alleged attempts to influence members of the jury panel who might be drawn to sit on the jury in the trials of Dolan and Quinn. They were convicted of contempt and committed to jail, from which they petitioned the governor for pardon. The governor and his council adopted an order requiring the opinion of the justices of the Supreme Judicial Court on the question whether the governor had power to pardon such a contempt. Held, these contempts were criminal in their nature and "offenses" against the commonwealth within the meaning of "offenses" as used in the pardoning clause of the constitution, so that a pardon would be valid.

In re Opinion of the Justices, (Mass. 1938) 17 N. E. (2d) 906.