Legal Opinion · Dissent

State Ex Rel. Nagle v. Sullivan

Montana Supreme Court

Decided January 3, 1935No. 7,364Published

1DissentJustice Angstman

I am unable to subscribe to the views of the majority in the disposition of this appeal. In consideration of the single question involved, it is important to remember that a public officer takes his office subject to legislative • provisions respecting the power of removal. It is competent for the legislature to provide for the removal of an officer with or without notice and opportunity for hearing. The only question here is whether notice and an opportunity for a hearing are requisite before the Governor may remove a fish and game commissioner. The legislative intent as ascertained from the…

2Cases cited18 opinions

  1. Wilcox v. People ex rel. LipeIllinois Supreme Court · 1878
  2. State Ex Rel. Hardie v. ColemanSupreme Court of Florida · 1934
  3. Bryan v. Landis, Atty.-Gen'l. Ex Rel. ReeveSupreme Court of Florida · 1932
  4. Studebaker Bros. v. MauWyoming Supreme Court · 1905
  5. O'Dowd v. City of BostonMassachusetts Supreme Judicial Court · 1889

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