State ex rel. Brothers v. Zellar

The basic question raised by this case is created by the statutes which require that an appointment to public office by the Governor must be made with the advice and consent of the Senate. The principal issue is whether title to such office vests in the appointee after his appointment and the taking of the oath of office and any other necessary acts on the part of the appointee to qualify or whether such title vests only after the appointment is consented to by the Senate.

It is appellee’s contention that neither Gould nor Douglass qualified as a member of the Board of Tax Appeals, and thus he…