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· 7/13/1892

State ex rel. Hitchcock v. Hewitt

Citations

  • 3 S.D. 187
  • 16 L.R.A. 413
  • 52 N.W. 875
  • 1892 S.D. LEXIS 59

Syllabus

<p>1. Where an officer is appointed for a definite term, subject to removal for specified causes, be can be so removed only after notice to bim of tbe cause assigned, and an opportunity given bim to defend.</p> <p>2. A trustee of tbe state agricultural college appointed by tbe board of regents of education, as provided by section 4, art. 14, of tbe constitution, is not a “state officer,” witbin tbe meaning of seeflon 3, art. 16, of tbe constitution, providing tbat “state officers” are liable to impeachment.</p> <p>3. Tbe constitution, section 4, art. 1(>, having specified tbe causes for wbicb sucb trustee inay be removed, section 5, c. 6, Laws 1890, authorizing tbe board of regents to remove trustees for “sufficient cause,” must, be understood to mean by “sufficient cause” one or more of tbe causes so enumerated in tbe constitutional provision referred to.</p> <p>(Syllabus by. tbe Court.</p>

Judges: Kellam

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