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The case was reserved and reported by Reardon, J., without decision. Young, Chief Legal Counsel to the Governor (Henry E. The Secretary claimed that he was not bound by the prior decree because he was not a party to that action. See Official Report of the Debates and Proceedings on the State Convention, 704 (1853). In doing so, official responsibility for the progress of suits and proceedings involving the Commonwealth was secured, Mc Questen v. I reiterate my position that it is this Department's intention not to appeal the decision of . In this case, the Attorney General, although technically present, is unavailable to represent the Secretary. All legal services required by such officers and boards in matters relating to their official duties shall be performed by the attorney-general or under his direction." [Note 6] It has long been recognized that the Attorney General possesses virtually unlimited powers in the criminal area with regard to whether to prosecute or nolle prosequi in a given case. In a prior Superior Court action brought by the Trustees against the Board to determine the validity of the purchase and sale agreement, a consent decree had been entered to the effect that all conditions of the agreement had been met and that the agreement was valid and binding on all parties. proceedings in which the Commonwealth was a party or interested, and in all cases where the official acts of said officers were called into question, in all courts of the Commonwealth. To decide the present case satisfactorily we do not require a proposition of sweeping dimensions. The judge's opinion is quite clear, his statements are direct and his citations are apposite notwithstanding the efforts at rebuttal in the memorandum which you forwarded. Eigerman with him) for the Trustees of the Stigmatine Fathers, Inc. The Secretary, joining The Trustees of the Stigmatine Fathers, Inc. Page 156 The related action was brought in the Superior Court by the Trustees against the Secretary after he refused to take the steps necessary to complete the sale of property owned by the Trustees to the Board of Trustees of State Colleges (Board). It required instead that the Attorney General represent the Commonwealth and department heads in all. Thus, the Attorney General is currently mandated to "appear for the commonwealth and for state departments, officers and commissions in all suits and other civil proceedings in which the commonwealth is a party or interested, or in which the official acts and doings of said departments, officers and commissions are called in question, in all the courts of the commonwealth." G. So also there may be a special role for the courts as we get into unfamiliar terrain: for example, one can imagine cases where a court might be well advised to appoint counsel to represent a view in a public matter that neither the Governor nor the Attorney General is willing to espouse. The plaintiff commenced this action against the Attorney General before a single justice of this court seeking a declaration that, when the Attorney General is representing the Secretary of Administration and Finance and Commissioner of Administration (Secretary) in a civil action, he is required, at the Governor's request, either to pursue an appeal or to appoint a special assistant attorney general, to be paid by the Secretary, to do so. 832 (1974), and Rule 14 (b) of the Massachusetts Rules of Appellate Procedure, 365 Mass. After a hearing, the single justice ordered that the time for filing a notice of appeal in the related action be extended until further order of the court, and, on request of the parties, reported the matter to this court for determination. [Note 5] Page 162 This statute dramatically changed the prior scheme, wherein the Attorney General appeared only in the Supreme Judicial Court and acted as advisor only, on request, in other tribunals. The varieties and complexities of the State organizational structures may throw up problems in the future to which the statute might speak differently than it does here. Local-clock methods permit different molecular clocks in different parts of the phylogenetic tree, thereby retaining the advantages of the classical molecular clock while casting off the restrictive assumption of a single, global rate of substitution (Rambaut and Bromham 1998; Yoder and Yang 2000).At around the same time, Sanderson (1997) published his nonparametric rate-smoothing algorithm, which operates by minimizing the magnitude of rate changes between adjacent branches in the tree. uses cookies to improve performance by remembering your session ID when you navigate from page to page.

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For example, of 522 complete or nearly complete manuscripts of the General Epistles collated by the Institute for New Testament Textual Research in Münster, Germany, 372 of them attest the Byzantine reading in at least 90% of 98 test places.In a civil action by the Secretary of Administration and Finance against the Attorney General in which the powers of the Attorney General's office were in question and not merely a disagreement between the parties, it was proper for the legal counsel of the Governor to represent the Secretary. 12, Section 3, he, as "chief law officer of the Commonwealth," had control over the conduct of the Commonwealth's case, including the power to make a policy determination not to appeal Page 155 from an adverse decision, notwithstanding a request by the Governor that he either appeal or appoint a special assistant attorney general, to be paid by the Secretary, to do so. Historical account of the office of the Attorney General of the Commonwealth. The Attorney General had represented the Board in that action. The next major change in the office occurred in 1855 when the Seventeenth Amendment to the Massachusetts Constitution, providing for popular election of the Attorney General, was adopted. It further provided that such suits were to be conducted by the Attorney General or under his direction. policy" proposed by Governor Greenhalge was achieved. FOOTNOTES [Note 1] The Trustees of the Stigmatine Fathers, Inc. Marchand (Superior Court, Equity 36050) which you forwarded to me [at] the end of last week. To me, this is not a question of different `personalities' in government having a day in Court, but the application of principles of law which govern all administrators in government once the issue is decided. 12, Section 26, which allows us to "appoint some suitable person" to perform the duties of the Attorney General in his absence. [157-158] In a suit in equity for a declaratory judgment by private parties against the Secretary of Administration and Finance in which the defendant was represented by the Attorney General pursuant to G. [159-163] CIVIL ACTION commenced in the Supreme Judicial Court for the county of Suffolk on November 4, 1974. In the related action against the Secretary, the Trustees argued that the prior decree estopped the Secretary from claiming that the purchase and sale agreement was invalid. Article 17 of the Articles of Amendment apparently originated in the Constitutional Convention of 1853 and was an attempt to give the appointing power back to the "supreme power," the people. Chapter 490 did away with the practice of having fragmented legal assistance for the Commonwealth by coordinating all legal services in the Attorney General's office. 185 , 187 (1905), and the "unity of system and of legal . Although it has undergone minor revisions, the statute governing the powers and duties of the Attorney General has remained in substance virtually unchanged since 1896. [Note 2] In a letter sent to the Secretary, the Attorney General explained his position: "I have had the opportunity to review the material regarding The Trustees of the Stigmatine Fathers, Inc. My study of the memorandum and pertinent citations does not change my belief that the ends of government will not be advanced by appealing the Order of . I regret our views cannot be compatible in this particular issue. [the judge] as he has clearly written it." [Note 3] We draw additional support for our decision from G. Although not itself applicable here, the statute can indicate a legislative intent not to destroy the jurisdiction of this court because of the unavailability of the Attorney General. All such suits and proceedings shall be conducted by him or under his direction. The New Testament text of the Greek Orthodox Church, the Patriarchal Text, is based on this text-type.While considerably varying, it also underlies the Textus Receptus Greek text used for most Reformation-era translations of the New Testament into vernacular languages.

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