State ex rel. Gilbert v. Dimmick

Citations

• 89 Wash. 182
• 154 P. 163
• 1916 Wash. LEXIS 669

Syllabus

<p>Counties — Oeetcebs—'Vacancies. Const., art 11, § 6, providing that the board of county commissioners in each county shall fill all vacancies occurring in any county has no application to the filling of vacancies in the office of county commissioners where all three of the county commissioner’s offices are vacant.</p> <p>Counties — County Commissioners — Vacancies — Appointment— Power of Legislature — Governor—Statutes. It being necessary to prevent an entire cessation of county government through the vacancy of all the offices of the county commissioners, in the absence of any constitutional provision covering such contingency, the' power is necessarily lodged in the legislature; hence the governor may fill two of three such vacancies, under Rem. & Bal. Code, § 8988, providing that, when, during a recess of the legislature, a vacancy occurs in any office the appointment of which is vested in the legislature, the governor shall fill such vacancy by appointment.</p>