State ex rel. Holmes v. Finnerud

Citations

• 7 S.D. 237
• 64 N.W. 121
• 1895 S.D. LEXIS 66

Syllabus

<p>1. There being no provision, for filling vacancies, in article 14 of the constitution, creating a board, of regents of education, nor in the act of the legislature enacted to carry into effect that article, a vacancy in such board can only be filled by the governor, pursuant to the provisions of section 8, art. 4, of the constitution.</p> <p>2. By that section, which reads as follows: “When any office shall, from any cause, become vacant and no mode is provided by the constitution or law for filling such vacancy, the governor shall have the power to fill such vacancy by appointment,” the power of the governor under sucfi. conditions to fill a vacancy, is for the unexpired term of tfie member whose place the appointment is made tQ fill.</p> <p>3. When a vacancy is filled by appointment by the governor under the pror visions of that section, no confirmation of the appointment by the senate is required.</p> <p>4. The sections of the constitution should be construed together, and such a construction given to them as will give effect tp eaph section, and as far as possible harmonise tfieir provisions,</p> <p>5. So construed, the clause of section 3, art. 14, which provides that the state edudational institutions “shall be under the control of nine members appointed by the governor and confirmed by the senate,” should be construed to read, “except in cases of vacancies filled by appointment by the governor.”</p> <p>(Syllabus by the Court.</p>