State Ex Rel. Thompson v. Gibson

The issues before this court are as follows:

I. Whether an appointment by the governor to an office which is unoccupied due to death or resignation of the incumbent is valid and effective when made where the appointment was made while the legislature was “adjourned” and has not been acted upon by the senate.

II. Whether an appointment by the governor to an office occupied by an incumbent holding over after expiration of his term is valid and effective when made where:(1) The incumbent had been duly confirmed by the senate, and the appointment of his successor was made after the August 6th…