Legal Opinion · Concurrence

Kane v. Kundert

South Dakota Supreme Court

Decided July 17, 1985No. 14905, 14906Published

1ConcurrenceHenderson, Justice

(specially concurring).

I wish to specially concur to express: (1) The appointment by the Governor of the State Treasurer in April 1983 1 to the office of Commissioner of School and Public Lands until the unexpired term could be filled at the next general election was void. These two offices are separate and distinct with individual salaries and varied responsibilities and cannot constitutionally be held by the same individual.2 S.D. Const, art. IV, § 7. The constitution refers to different constitutional officers “who shall severally hold their offices for a term of four years.” S.D. Const,…

2Cases cited2 opinions

  1. State ex rel. Rearick v. Board of CommissionersSouth Dakota Supreme Court · 1914
  2. Noel v. CunninghamSouth Dakota Supreme Court · 1942

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