State ex rel. Wood v. Sheldon

Citations

• 8 S.D. 525
• 67 N.W. 613
• 1896 S.D. LEXIS 75

Syllabus

<p>1. Const. Art. 14, Sec. 3, provides that “the State University * * * shall he under the control of a hoard of nine members appointed hy the governor and confirmed hy the senate, to he designated the ‘Regents of Education. ’ They shall hold their office for six years, three retiring every second year.” Held, that, there being no provision for their holding over, the term of a regent is absolutely fixed at six years, and at its expiration, unless his successor has been appointed, the office becomes vacant.</p> <p>2. Laws 1890, Chap. 6, Sec. 1, enacted to carry into effect the provision of the constitution respecting regents of education, having failed to provide for the future appointment of regents, or for the filling of vacancies in the hoard, and having so fixed the terms of its members that they expire in even numbered years, when the senate is not in session, vacancies caused by the expirations of such terms are to be filled hy the governor, under the general provisions of Const. Art. 4, Sec. 8, that “when an office shall, from any cause, become vacant, and no mode is provided hy the constitution or law for filling such vacancy- the governor shall have power to fill such vacancy by appointment.</p>