People ex rel. Att'y Gen. v. Addison

Citations

• 10 Cal. 1
• 1858 Cal. LEXIS 174

Syllabus

<p>The intention of the Legislature to create the office of gauger by the act of May 3,1852, entitled “An Act to provide for the Appointment of a Gauger for the Port of San Francisco,” is too clear to admit of doubt.</p> <p>The office having been created, must be presumed to be continuing, unless limited .by the terms of the act, or by the nature of the duties to be performed.</p> <p>There is'nothing temporary in the duties of the office. Nor is there anything in the language of the act limiting the duration of the office.</p> <p>The period of two years, mentioned in the first section, limits only the term of the officer and not the duration of the office.</p> <p>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 the recess of the Senate, the Governor has the right to fill such vacancy, and his appointment vests in the appointee the right to hold and discharge the duties of such office for the full term, subject only to be defeated by the non-concurrence of the Senate.</p>