State ex rel. Lavin v. Bacon

Citations

• 14 S.D. 284
• 85 N.W. 225
• 1901 S.D. LEXIS 12

Syllabus

<p>1. Since Const. Art. 14, § 2, creating the board of charities and corrections, to be appointed by the governor, and Laws 1890, Chap. 5 §§ 1, 3, prescribing the number and qualifications of the members of the board, and fixing their term of office, contain no authority for holding over, the office of each member becomes vacant at the expiration of his term unless his successor has been appointed.</p> <p>2. Since Const, Art. 14, § 2, creating the board of charities and corrections, to be appointed by the governor, and Laws 1890, Chap. 5, §§ 1, 3,prescribing the number and qualifications of members of the board, and fixing their term of office, contain no provision for filling vacancies the governor has power to fill vacancies by appointment for the full unexpirea term, under the authority conferred on him by Const, Art. 4, § 8, which provides that when any office shall from any cause become vacant, and no mode is provided for filling such vacancy, the governor shall have the power to fill it by appointment.</p>