the Sovenussnt.The Legislaturetakes the power to appoint employeesor removethem and placesthis functionin the hand8 of an impartial body. It transfersfrom one head to anothercertainadministrative powers; and, in creatingcivil servicecommissionB, the Legislaturetrsnsfersthe em- ploymentbureau of the Governmentto a new body. HermanJ. Friedman,25 Har- vard Law Review 712.
Under the relatedfacts,the creationof a civil serviceor merit system of personneladministrationby mutual agreementbetweentwo separate appointingpowers is not permissiblein the absenceof statutoryenactment.
The selectionand appointingpower of each agency has been provided for in the statutesquotedand where the Legislaturedelegatinga power directs the manner of its exercise,that method is exclusiveof all othere. 39 T. J. 68; WichitaElectricCo. v. Hinckley,131 S. W. 1192.
Since the ultimateappointeeis a public officerand so an "agent or servsnt of the sovereign people of the State",hs BUBt "derivehis author- ity eitherby electionby the people or appointmentby that tribuneto whom the people have confidedthe power of appointment." State v. Washburn,Sup. Ct. of MIBBOLI~I,67 S. W. 592.
The duty of investigatingand determiningas to the qualifications of applicantsfor public positionis placed on the appointingpower. When the Legislaturehas placedthe authorityof making appointmentsupon officers and boards,and vests them withna discretionand judgmentto determinewho is best qualifiedto serve the public,the courts cannot supervisethe exer- cise of such authority,nor controlthe discretionand judgment80 vested. An appointmentconsistsin the choiceby the appointingpower of the person appointed,end involves the exerciseof discretion. While the appointing power may listento the recommendation or advice of other8 . . . yet the Be- lectionmust finallybe the act of the appointingpower. I.2C. J. 897; Dever V. Humphrey,sup. Ct. Of &nBaB, 75 Pacific 1037; 45 C. J. 952.
The creationof such a board by the agenCie8 named would mount to an exerciseof 1egiBhtiVe power, a prerogative.reeerved to the legislative body, of this stateby our Texas Constitution,Article III, Section1.
Trusting that this will snswer your inquiry,we are
YOUrB very truly
APPROVEDDEC 9, 1939 APPROVED ATTORNEYGENEXALOF TEXAS OPINION I*/ Gerald c. Mann coM?.frrrm By /B/ RirBchieJohnson BY /B/ BWR HirschieJohnson ATTORNEXCENERALOFTEXAS CHAIRMAN ABBiBtallt