The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-01-28

why would 1t not be a question for
the supreme court to decide?"
Senator Stevens said he unprecedented
tEat the senate was only called upon
to act as to the confirmation and he
thought it quite probable that the case
might subsequently come before the
supreme court on quo warranto pro-
ceedings.
The committee then adjourned to
meet again at the close OF the after
noon session of the senate. The point
was made that the legislature might,
for instance, say that the members Of
the state board Of pharmacy must be
Skilled pharmacists. but that was Ell
tirely different from taking away the
appointing power from the governor.
The Minneapolis court house commits
sion was referred to, and Mr.. Munro
said if the senators could find out what
the supreme court decided IN that case
they would be entitled to his admira-
tion. In any case, 1t was q purely local
matter in relation to raising funds and
not in any respect parallel to this case
So far as Mr.. Munro knew there had
never been & case Of this scTt before.
Attorney George P. Wilson then
spoke fer the pharmaceutical aSSocia-
ton. He said:
The clause in the constitution about
appointments provided by law, had
tion which included prescribed by
law" as we'll, and If any other con-
StrEction were now given it would in
Volve hopeless confusion in numberleSS
offices.
He quoted Cooley to show that where
the custom Of accepting a certain prac-
teal construction Of law the courts ac-
cept that and do not change it unless
there is some special reason.
The practical construction in regard
to this board has been to accept the
appointments Of the state pharmaceu-
teal association, and this creates a
strong precedent for continuing in the
same way. '@i a-
The instance of Gov Clcugh ap-
pointing the state board of cancellation
and arbitration was cited as parallel
to the case in hand.
The labor member Of the Cancellation
and arbitration board was selected
from a list submitted by the trade and
labor assemblies of the state Gov
Clough made the appointments in ac-
cOrdance with that law in 1895. II he
accepted the limitation in that case he
could not refuse to in the case of the
pharmacists.
Mr.. Wilson contended that the legis-
lature could not only prescribe that a
skilled pharmacist must be appointed,
but could equally as we'll say from
Weed Munro closed the argument.
He said that when it was shown to the
supreme court that the constitution
was being violated daily the court
would correct the existing violation
This was the finding in the Sutton case.
Senator Culkin asked if there were
no exceptions to the rule.
Not under the decision in the SUIT
ton case. But the senate made one
the other day. There Is question
whether that will stand. The constf-
tuition says that the supreme court is
the highest judicial authority
There was not a decision citable, he
insisted, that upheld the claim that the
legislature might name a certain men,
Der Of a certain class from which the
governor must select his appointee.
1t might prescribe certain qualifica-
tons which would practically limit the
governor in his selection to a certain
class, but that was the limit Of it's au-
thority. The judiciary committee
might pass upon the legality of laws
before their passage; after their pas
sage it was the province of the courts.
''Then we must held this law to be
constitutional" queried Senator Ste
Vens.
NO think not You then assume
that the governor has made this ap-
pointment in due exercise Of his execu-
tive duties"
Some Of the members of the commit
tee having left the senate, it was de-
termined to withhold decision on the
problem until a full attendance could
be secured.
s. F. u, Miller's bill relating to for
eign executors, was amended so as not
to apply to cases now pending.