(Download) "State Ex Rel. Reynolds and Others v. Smith" by Supreme Court of Wisconsin # eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Reynolds and Others v. Smith
- Author : Supreme Court of Wisconsin
- Release Date : January 07, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Original action commenced pursuant to permission granted by this court on January 9, 1964, by the petitioners John W. Reynolds,
Howard J. Koop, and Frank P. Zeidler for a declaratory judgment to adjudicate the right of petitioners Koop and Zeidler to
hold the offices to which they had been appointed by petitioner Reynolds, governor of Wisconsin, and to compel respondent,
Dena A. Smith, state treasurer, to pay their salaries. Respondent demurred to the complaint so that the facts as stated in
the complaint stand admitted. On September 26, 1963, Zeidler was appointed director of resource development and on October 8, 1963, Koop was appointed
commissioner of administration. Both appointments were made by Governor Reynolds while the legislature was in recess. On November
13, 1963, the state senate voted not to confirm these two appointments. On November 15, 1963, the governor reappointed both
Koop and Zeidler while the legislature was still in session, but the senate had failed to act on these reappointments by the
time the legislature recessed November 21, 1963, to reconvene April 13, 1964. On December 3, 1963, while the legislature was
thus in recess, the governor again appointed Zeidler and Koop to the respective offices of director of resource development
and commissioner of administration. At all times since the first mentioned appointments of September 26 and October 8, 1963,
Zeidler and Koop have been occupying the respective offices of director of resource development and commissioner of administration
and have been performing the duties of such offices. Respondent Smith, as state treasurer, has refused, and continues to refuse,
to pay any salaries to Zeidler and Koop for any period subsequent to November 24, 1963.
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