State ex rel. Sullivan v. Morris

Citations

• 21 Ohio C.C. Dec. 119

Syllabus

<p>OFFICE AND OFFICERS — RAILROADS.</p> <p>1. Appointment of Railroad Commissioner by Outgoing Governor Invalid.</p> <p>The legislature, in' providing that members of the Ohio Railroad Commission shall be appointed in January for terms of office beginning February 1, intended that in years when a new governor takes his seat on the second Monday in January, the rule that an outgoing official cannot appoint for a term to begin after his own has expired shall be operative.</p> <p>2. “Recess Appointments” of Officials not Valid Unless After sine die Adjournment of Legislative Session.</p> <p>The adjournment of the legislature referred to in this act is the sine die adjournment of the session whether regular or extraordinary, and not a mere recess for a specified period; and a “recess appointment” has no validity unless made after final adjournment of the session.</p> <p>[Syllabus by the court.]</p>