To the House of Representatives:

The undersigned the Justices of the Supreme Court make answer as follows to the inquiries contained in your resolution with reference to House Bill number 320 entitled “An act relating to the extermination of wild boars in the counties of Sullivan and Grafton.”

In the Opinion of the Justices, 67 N. H. 600, the Governor and Council were advised that, “The authority of either branch of the legislature and of the governor and council-, under art. 73 of the constitution, to require the opinions of the justices of the superior court does not apply to questions not touching the power or duty of the body asking.” In the Opinion of the Justices, 62 N. H. 704, the Governor and Council were advised that “The 74th article of the constitution, authorizing each branch of the legislature, as well as the governor and council, to require the opinions of the justices of the superior court upon important questions of law and upon solemn occasions, does not authorize a requisition for advice on a question affecting private rights alone on which interested persons are entitled *559 to be heard.” To the same effect is the Opinion of the Justices, 70 N. H. 638.

In our opinion the questions contained in your resolution are in conflict with both of the foregoing principles. 1. They are not questions directly involving the power or duty of the House of Representatives. 2. They are questions of law affecting private rights alone on which interested persons are entitled to be heard.

For these reasons we respectfully request that we be excused from answering the questions contained in your resolution.

May 3, 1949.