STEWART, J.
Both parties in this case agree that there is one basic issue which this court must decide, and that is whether the relator has been lawfully appointed as Director of Mental Hygiene and Correction. If he has, respondent must issue a warrant or warrants in payment of his salary, and, if he has not, respondent has no such duty.
Section 121.03 (E), Revised Code, reads as follows:
"The Director of Mental Hygiene and Correction shall be appointed...
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