State ex rel. Standish v. Boucher
North Dakota Supreme Court
Appeal from District Court, Burleigh County; Winchester, J. Action by the State of North Dakota, on the relation of William H. Standish, as attorney general, and Daniel Williams, against Nelson F. Boucher, to try title to the office of warden of the state penitentiary. Judgment for defendant. Plaintiff appeals.
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Appeal from District Court, Burleigh County; Winchester, J. Action by the State of North Dakota, on the relation of William H. Standish, as attorney general, and Daniel Williams, against Nelson F. Boucher, to try title to the office of warden of the state penitentiary. Judgment for defendant. Plaintiff appeals. The executive possesses the power of removal from appointive offices and by appointing Ward and Taylor for the places that had been held by Donnelly and Van Horn as trustees of the penitentiary, this operated as a removal and created a vacancy, even had not that vacancy taken place by…
1Opinion
on rehearing.
Bartholomew, C. J.
Elaborate and exhaustive petitions for rehearing have been filed in this case by the attorney general and C. U. Greely, Esq., of special counsel. In these petitions the view of the law taken by the executive in submitting to the senate the names of Ward and Taylor as members of the board of directors of the state penitentiary, and in the subsequent appointment of such persons after their rejection by the senate, and after *400the' adjournment of the legislative assembly, upon the theory that a vacancy existed by reason of the expiration of the terms of office of…
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