Attorney General Ex Rel. Cook v. Burhans

(dissenting.) We all agree that the votes cast for the defendant Burhans for the office of regent of the University of Michigan while he was a member of the State Senate are void, but we do not agree on the result of such holding.

Mr. Justice Wiest holds that the ouster of the defendant creates a vacancy in the- office of regent because of 1 Comp. Laws 1929, § 3350 (Stat. Ann. §6.693), and that the vacancy under the provision of article-11, § 3, of the Constitution, shall be filled by appointment of the governor. This same provision is found in article 13, § 6, of the Constitution of 1850, and…