State Ex Rel. Saint v. Dowling

On Application for Rehearing.

By virtue of the provisions of Act 126 of 1928, the Governor of the state appointed the relator, Dr. Joseph A. O’Hara as president of the Louisiana state board of health on August 20, 1928, during a recess of the Senate. Relator was duly commissioned by the Governor, has taken his oath of office, and has complied with all requirements of the law.

During the pendency of the application for rehearing in this case, the respondent, Dr. Oscar Dowling, filed an exception to relator’s petition on the following grounds:

First. That relator’s appointment is null and void and…