State ex rel. Yancey v. Hyde

Dissenting Opinion.

Elliott, C. J.

— I am fully persuaded that the Legislature ought not to have the general power to create and to fill offices of its own creation, and that if the opinions of the great thinkers of our country had been given full force it would have no such power; but, while I am persuaded that it should not have this power, my judgment is thoroughly convinced that it does have power to create and to fill a class of offices, and that the office in controversy belongs to that class. I regret the conclusion, but I can not escape it. I have searched with all-possible care,.but I…