State ex rel. Schara v. Holmes

MR. JUSTICE DAVIS:

I dissent.

For the purposes of that dissent I shall assume that the conclusion which Mr. Justice Anderson reaches for the majority is as an abstract statement of the law sound, and therefore unassailable, i. e., that an appointment is indeed a nullity when the statute under which that appointment is made is not at the time a law, specifically here, because the Governor’s approval was then lacking. Montana Constitution, Art. VII, section 12. In this case, however, I do not find the premise from which this conclusion may permissibly be drawn; for the problem before us, as I see…