People v. Tilton

Citations

• 37 Cal. 614
• 1869 Cal. LEXIS 98

Syllabus

<p>When Governor, may Appoint to an Office.—When there is a person in possession of an office who is expressly authorized hy the statute or Constitution to discharge its duties temporarily, till the power upon whom the duty of election or appointment is devolved can regularly act, the Governor has no power to appoint, because no vacancy exists within the meaning of Article ¡Five, section eight, of the Constitution.</p> <p>When Governor can ¡Fill Vacancy in Office.—When the Act creating an office and fixing the duration of the term provides that the officer shall be elected by the Legislature, and hold his office until his successor is elected and qualified, the failure of the Legislature to elect at the expiration of the term does not create such a vacancy as the Governor is authorized to fill by appointment, but the incumbent holds until his successor is elected by the Legislature.</p> <p>When Officer may Hold Over.—When the term of an officer expires, and the law or the Constitution authorizes him to hold over until his successor is elected and qualified, the old incumbent is authorized to discharge the duties of t,he office until a qualified successor presents himself who has been elected by the body upon which the power of election is devolved \\ and the Governor has no power to appoint a successor.</p>