State Ex Rel. Todd v. Essling

I respectfully disagree with that portion of the majority opinion which states that the Senate Journal reveals that the senate did not discharge its constitutional and statutory right either to consent to the appointment or to reject it. The question of whether or not there was a confirmation of the appointment of respondent to the Board of Tax Appeals in the instant case is clearly before this court upon the record submitted. The problem is therefore before us and should be decided. It is clear, and the majority opinion so admits, that the appointment of respondent by Governor Andersen was…