State Ex Rel. Anderson v. State Office Building Commission

*564The opinion of the court was delivered by

Jackson, J.:

This is an original action of quo warranto in which the attorney general appears on behalf of the state to test the validity of one section of the statute, as amended, creating the defendant State Office Ruilding Commission. The plaintiff challenges only the section providing for the appointment of the defendant commission as it was amended in 1953, and now appears in G. S. 1957 Supp. 75-3601. The contention is that since the section provides that only members of the legislature may be appointed by the governor to the commission, the…