Legal Opinion

State ex rel. Childs v. Griffen

Supreme Court of Minnesota

Decided August 12, 1897No. Nos. 10,672—(247)PublishedCited by 1 opinion

Writ in the nature of quo warranto issued out of the supreme court on the relation of H. W. Childs, attorney general, and the Minnesota State Pharmaceutical Association, commanding Truman Griffen to show by what warrant he held and exercised the office of member of the board of pharmacy of the state of Minnesota.

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Writ in the nature of quo warranto issued out of the supreme court on the relation of H. W. Childs, attorney general, and the Minnesota State Pharmaceutical Association, commanding Truman Griffen to show by what warrant he held and exercised the office of member of the board of pharmacy of the state of Minnesota. The petition for the writ alleged that the Minnesota Pharmaceutical Association presented to the governor the names of five persons from whom to appoint a member of the state board of pharmacy to succeed H. Gordon Webster, whose term expired December 31, 1896; and that the governor…

1Opinion of the Court

COLLINS, J.2

The question here is whether G-. S. 1894, § 7926, is an 'unwarrantable interference with the constitutional prerogative of the chief executive in the exercise of the power granted to him in the matter of appointments to office. The constitution (article 5, § 4) provides that the governor “shall have power, by and with the advice and consent of the senate, to appoint a state librarian and notaries public and such other officers as may be provided by law.” Section 7926, supra, provides for the appointment of a state board of pharmacy, and confers upon the state pharmaceutical…

2Cases cited1 opinion

  1. People Ex Rel. Killeen v. . AngleNew York Court of Appeals · 1888

3Cited by1 opinion

  1. State ex rel. Associated Master Barbers & Beauticians v. EischenSupreme Court of Minnesota · 1956

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