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STATE EX REL. REYNOLDS v. SMITH

22 Wis.2d 516 (1964)

STATE EX REL. REYNOLDS and others, Petitioners, v. SMITH, Respondent.

Supreme Court of Wisconsin.

February 7, 1964.

Attorney(s) appearing for the Case

For the petitioners there was a brief and oral argument by Leonard F. Schmitt of Merrill.

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

CURRIE, C. J.

The statute governing the appointment of the director of resource development is sec. 109.02, Stats., and that with respect to the appointment of the commissioner of administration is sec. 16.003 (2). Both statutes provide that the appointment is to be made by the governor "with the advice and consent of the senate." Under the decision of this court in State ex rel. Thompson v. Gibson (1964), ante, p. 275, 125 N.W.2d 636, the recess appointments...

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