People v. Bissell

Citations

• 49 Cal. 407

Syllabus

<p>Office Filled by Appointment. — A person who held an office in this State by appointment of the Governor before the Codes took effect, which office was continued by the Political Code, is entitled, even if the term of the office has expired, to continue to discharge its duties until his successor has qualified.</p> <p>Sucoessob of ah Officeb.—A person does not become the successor of another in an office filled by the appointment of the Governor, which requires the confirmation of the Senate under section 368 of the Political Code, until his appointment has been thus confirmed.</p> <p>Vacancy ih Office.—If the term of the incumbent of an office, filled by an appointment of the Governor, which requires the confirmation of the Senate, has expired, but he still continues to discharge its duties, there is no such vacancy in the .office as will authorize the Governor to fill it by the appointment of a successor, without the consent of the Senate first had.</p> <p>Idem.—If an office filled by appointment of the Governor requires the confirmation of the Senate, such a vacancy therein as will authorize the Governor to fill the same, without the consent of the Senate, can he caused only by the death or resignation of the incumbent, or by the happening of some other event, by reason of which the duties of the office are no longer discharged.</p>