Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-10-18
GOVERNORS RIGHT
TO APPOINT FIXED
Dauphin Court Validates
His Selections Despite Sem
ate's Refusal to Confirm
AUDITOR GENERAL LOSES
HARRISBURG, oct. IS.

HARRISBURG, oct 49,
In an opinlon handed down today by
Judge Kunkel. the Dauphin County Court
decides tho Governor has the right TO make
al interim appointments even though APP
polntecs have been previously rejected by
the Senate.
This opinion, IN case there Is no appeal.
vadatcs tho appointments made by Gov
ernor Brumbaugh of men rejected by the
Senate when they camo before that body
for confirmation just previous to adjourn
mcnt Of the last session Of tho Lcgisla-
turc. The case came before the court in
the prayer of Commissioner Of Banking Dan
iel L. Lafean for peremptory mapdamus
ordering Auditor General Snyder TO honor
warrants drawn by Lafean which Snyder
had declined TO do on the ground that the
appointments were not legal Tho court
grants the mandamus and oyerrules Sny-
der's motion to Quash the case. 1t was sald
that Mr.. Snyder probably would appear 10
the Supreme Court in which case the suits
will hang fire until next May Whch In"'
court sits here.
At the time the Kunkcl opinion was
handed down, Judge McCarroll filed similar
opinions in the cases Of superintendent oil
Printing Long. Commissioner of FISHERIES
Butler and Secretary Of Agriculture Patton
who had brought suits Of the same kind
IMPEACHMENT A REMEDY
Judge Kunkcl goes thoroughly into the
merits Of the case and quotes numerous
authorities as preCcdCuts. The political et-
feet Of the opinion, If It is not appealed or
is sustained by the Supreme Court Will be
to uphold the Governors hands in all ap'
pointments until the next session OF the
Legislature COnvcncs although the Court
is careful to point out that the remedy for
any irregularities with which the Executive
might be charged lies in the impeachine
| powers Of the Legislature.
The Court holds that the Commonwealth
! is the proper plaintiff, thus ovcrruling the
| contention of the Auditor General that the
name Of the state should not be used "for
! relief of a private citizen" which he held
| the petitioners for mandamus to be. The
! Court finds also that the contention Of Mr.
! Snyder that there is adequate remedy al
| law cannot prevail against the Common.
| wealth.
The court after quoting the state Consti.
| tuition on the subject, bases It's ruling on the
| following grounds:
| "The Governor is authorized to I'LL a
| vacancy temporarily, but to fill it perma
| nently for full or uneNpired term he must
| have the advice and consent of the Senate
! There does not seem to be any question but
| that the vacancy which was here filled hap
| pcned during the recess of the Senate. Th,
| first commission, granted by the Governor
! and held by the rclator expired at tho enc
Of the session Of the Senate. When the
| Senate adjourned the vacancy occurred
| GOVERNORS POWER UNRESTRICTED
| "If the power Of the Governor to appoin
to the vacancy in question is once con
/ ceded that, we think. puts an end to thi,
| litigation. In the Constitutions Of Othel
states there is express prohibition agains
| the appointment to office by the ENecutiv,