State ex rel. Schara v. Holmes

MR. JUSTICE ANGSTMAN:

(dissenting).

I do not agree with the majority opinion. I do not see any analogy between this case and those dealing with a public office. All of the cases relied on as condemning an appointment before the law creating the office became effective, or was approved by the governor, are cases having to do with public offices.

Here the members have no power or authority to enact legislation. Their only function is to investigate, assemble and collect information and report to the legislature. They have not been vested with any portion of the sovereign power of government. The…