In re Supreme Court Commissioners

Opinion.

Maxwell, Ch. J.

In a number of cases decided by the supreme court commissioners the validity of their acts is questioned, and it is alleged that a judgment entered by them is illegal and void. Instead of considering this question in connection with the motions for rehearing filed in several cases we will consider it by itself. The act creating the commission is as follows:

“Section 1. The supreme court of the state, immediately upon the taking effect of this act, shall appoint three per*656sons, no two of whom shall be adherents to the same political party, and who shall have attained the…