People ex rel. Laine v. Tyrrell

Citations

• 87 Cal. 475
• 25 P. 684
• 1891 Cal. LEXIS 1007

Syllabus

<p>Office—Vacancy—• Appointment by Governor.— An appointment by the governor, during a recess of the legislature, for a term of four years, to fill a vacancy in the membership of the state board of health, is in legal effect merely an appointment during the recess of the legislature, and until the adjournment of its next session.</p> <p>Id. — Confirmation of Senate. — Upon the issuance of a commission to fill a vacancy, the appointment is complete, and needs no action of the senate to confirm it.</p> <p>Id.—Holding over — Qualification of Successor — Construction of Political Code. — Section 879 of the Political Code, declaring that every officer must continue to discharge the duties of his office, although his term has expired, until his successor has qualified, applies to officers appointed temporarily by the governor to fill a vacancy.</p> <p>Id.— Expiration of Term — Power of Governor. — The mere expiration of the term of the incumbent of an office does not create a vacancy such as the governor alone is authorized to fill by the appointment of a successor.</p> <p>Id. — Appointment with Consent of Senate— Commission. —In the matter of an executive appointment with the consent of the senate, the issuance of a commission is a part of the act of appointment.</p> <p>Id. — Qualification — Creation of Vacancy. — An appointee is not required to qualify until he has received his commission, and his failure to qualify cannot create a vacancy, if he has received no commission.</p>