State ex rel. Griffith v. Matassarin

Citations

• 114 Kan. 244
• 217 P. 930
• 1923 Kan. LEXIS 62

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Quo Warranto — -To Determine Legal Membership of State Board of Health —Recess Appointments Made by the Governor — Tenure of Office of Recess Appointees.. Persons appointed by the governor as members of the state board of health in pursuance of section 10119, of the General Statutes oí 1915, were submitted to the senate for its action, but that bods^ failed to act thereon and has not since that time rejected the appointments. After the adjournment of the legislature the governor issued commissions to the appointees for terms of three years, which have not yet expired. While these officers were serving under the appointments made, the newly elected governor notified these members that the senate not having confirmed their appointments he had revoked them. Held, that the appointments of the members, although not acted on by the senate and which have never been rejected by that body, entitles them to hold their offices to the end of their terms or until the appointments are considered and rejected by the senate.</p> <p>2. Same — Confirmation or Rejection of Recess Appointments Appearing in Journals of Senate — Recital of Confirmation in Commission Issued to Appointee. Whether or not the senate confirms or rejects appointments should appear in the journals of that body and even if evidence other than that shown in the journals as to the action of the senate on appointments may be received, it is held that a mere recital in the commission issued to the appointee by the governor that the appointments had been confirmed does not establish the fact.</p> <p>3. Same — Duty oj Governor as to Recess Appointments — Effect oj Failure oj Governor to Transmit Names of Recess Appointees to Senate. In making appointments of members of the state board of health, it is the duty of the governor to transmit such appointments to the senate for its action thereon, and if such appointments are made during a recess of the legislature, it .is his duty to tr