State ex rel. Holmes v. Shannon

Citations

• 7 S.D. 319
• 64 N.W. 175
• 1895 S.D. LEXIS 81

Syllabus

<p>1. Chapter 124, Laws 1887, being section 117 et seq., Comp. Laws, and known as the ‘‘Public Examiners’ Act,” providing that upon the filing of a report of his examination, as required by said law, with the governor, he, the governor, “may cause the résults of such examination to be published or at his discretion, to take such action for the public security as the exigency may demand; and if he should deem the public interests to require, he may suspend any such officer from further performance of duty until an examination be had, or such security obtained as may be demanded for the prompt protection of the public funds,” — was not intended to, and does not authorize the governor to remove from office any officer so madq the subject of the examiner’s report.</p> <p>2. Even if such law were originally intended to authorize the governor to so remove from office at his discretion, the law in that respect and to that extent is inconsistent with, and therefore abrogated by, section 4, art. 16, of the state constitution.</p> <p>Fuller J., dissenting.</p> <p>(Syllabus by the Court.</p>