Barrett v. Duff

Citations

• 114 Kan. 220
• 217 P. 918
• 1923 Kan. LEXIS 61

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Quo Warranto' — Power oj Governor not Broken by Succession to the Office. The executive power of the governor is a continuing power, never ending and not broken by succession. ,</p> <p>2. Same — Tenure oj Office oj Vacation Appointments made by the Governor— Vested Rights oj Appointees. Where the appointment to an office is vested in the governor, with the advice and consent of the senate, and the term of the incumbent expires during a recess of the legislature, and the governor appoints a successor to the office, held, that the appointment vests in the appointee a right to hold for his full term, subject only to be defeated by nonconcurrence or rejection of the senate.</p> <p>3. Same — Limit oj Power oj Governor over Official Appointments once made. Where the power of the governor has been exercised by the appointment to an office and the appointee has qualified and been vested with the powers and prerogatives of the office, neither the governor nor his successor has any further control over the appointment unless and until the appointee has been rejected by the senate.</p> <p>4. Same — Term oj Office Fixed by the State — Governor’s Power oj Removal. Where the term of an office is fixed by statute the power of removal does not exist in the executive except so far as provided by statue.</p> <p>5. Same — Power to Appoint to Office — Does not Include Power to Remove. The executive power to appoint to office does not include the power to remove unless the tenure of office has not been declared by law.</p> <p>6. Same — Tenure oj Office oj Appointee Declared by Law — Appointment may not be Revoked by the Governor. When the appointee to an office, the tenure of which is declared by law, is commissioned by the governor and vested with the power and prerogatives of the office, neither that governor nor his successor can revoke the appointment.</p> <p>7. Same — All Parts oj Statute Construed Together. Rule followed that one part of a statu