State Ex Rel. Gebelein v. Killen

I respectfully dissent.

This controversy arises solely because of the unwillingness of a public servant to relinquish a statutory office over which the Governor is conferred the power of appointment, notwithstanding the expiration of his appointed term and the Governor’s appointment of a successor for the office. The question presented results from the Governor’s exercise of his power while the Senate is in recess to make a so-called recess appointment. The appointment made granted a commission to Relator which was required to “expire at the end of the next session of the Senate.”

It is…