People ex rel. Ryder v. Mizner
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, County of San Francisco. By the. act of the third of May, 1852, the office of gauger of wines and liquors was created, and the term of office fixed at the period of two years, the office to be filled by the appointment of the Governor, by and with the advice of the Senate.
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Appeal from the District Court of the Fourth Judicial District, County of San Francisco. By the. act of the third of May, 1852, the office of gauger of wines and liquors was created, and the term of office fixed at the period of two years, the office to be filled by the appointment of the Governor, by and with the advice of the Senate. From the agreed statement, it appears that on or about the twentieth day of May, 1852, William H. Hoburg was duly appointed, commissioned, and qualified, and was duly re-appointed at the expiration of the first term. On the twenty-fourth day of May, 1856,…
1Opinion of the Court
' Burnett, J.,
after stating the facts in the case, delivered the opinion of the Court—Terry, J., concurring.
The solution of the questions involved in this case must de*523pend upon the construction of the provisions of our Constitution in relation to appointments and removals from office, and the mode of filling vacancies in the same.
The only provision of the Constitution which seems to bear upon this case, is the eighth section of article fifth, “ When any office shall, from any cause, become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, the Governor…
2Cases cited2 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- People v. WellsCalifornia Supreme Court · 1852
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- People ex rel. Melony v. WhitmanCalifornia Supreme Court · 1858
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- People v. ShawyerWyoming Supreme Court · 1924
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