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STATE EX REL. THOMPSON v. GIBSON

22 Wis.2d 275 (1964)

STATE EX REL. THOMPSON, Attorney General, Petitioner, v. GIBSON and others, Respondents.

Supreme Court of Wisconsin.

January 10, 1964.

Attorney(s) appearing for the Case

For the petitioner the cause was argued by Roy G. Tulane, assistant attorney general, with whom on the brief were George Thompson, attorney general, Lyle E. Strahan, deputy attorney general, and Robert D. Martinson, assistant attorney general.

For the respondents Gibson, Morton, Jankowski, Otto, Phillips, Koop, Zeidler, Lucey, Adamany, Melli, and Barnstable, there was a brief and oral argument by Leonard F. Schmitt of Merrill.

For the respondents Keliher and Knutson there was a brief by Jasper, Winner, Perina & Rouse of Madison, and oral argument by John Winner.

For the respondent Rahr and interpleaded respondent Charles F. Smith there was a brief by Wm. J. P. Aberg and Carroll E. Metzner, both of Madison, and oral argument by Mr. Aberg.

For the respondent Hidde there was a brief by Geisler & Kay of Madison, and oral argument by Robert J. Kay.

For the respondent Otto there was also a brief by Genrich, Terwilliger, Wakeen, Piehler & Conway of Wausau, and oral argument by Walter H. Piehler.

DIETERICH, J.

The issues before this court are as follows:

I. Whether an appointment by the governor to an office which is unoccupied due to death or resignation of the incumbent is valid and effective when made where the appointment was made while the legislature was "adjourned" and has not been acted upon by the senate.

II. Whether an appointment by the governor to an office occupied by an incumbent holding over after expiration of his term is valid...

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