Somers v. State

Citations

• 5 S.D. 321
• 58 N.W. 804
• 1894 S.D. LEXIS 62

Syllabus

<p>1. Where two laws containing inconsistent provisions were approved by the governor upon the same day, and it becomes necessary to know which was the later expression of the legislative will, the court may, of its own motion, examine the legislative journals, and take judicial notice of what they show.</p> <p>2. Section 6, c: 56, Session Laws 1891, empowers the superintendent of pub-lie instruction “to appoint an assistant or deputy, who * * * shall perform such duties pertaining to the office as the superintendent may direct.” A deputy or assistant so appointed has no fixed term of office, but holds at the pleasure of the appointing power.</p> <p>3. Section 3, Art. 4, of the constitution, prohibiting the legislature from increasing or diminishing the compensation “of any public officer” “during- his term of office,” does not apply to such deputy or assistant so appointed.</p> <p>(Syllabus by the Court.</p>