Sibert v. Garrett

Dissenting Opinion by

Judge Clay.

Only a question of constitutional law is presented. By the act in question the legislature saw fit to provide for a great public improvement -through agencies of its own creation. . As the act is held invalid on the sole ground that appointment to office by the legislature is an invasion of the province of the executive, it necessarily results that, if this ground is not sufficient, there is no basis whatever for the majority opinion. It is true that section 27 of the Constitution provides for three separate and distinct departments of government, the…