STATE, EX REL. HORNER v. ANDERSON

No. 74-862.

41 Ohio St. 2d 166 (1975)

THE STATE, EX REL. HORNER, v. ANDERSON ET AL.

Supreme Court of Ohio.

Decided March 5, 1975.


Attorney(s) appearing for the Case

Mr. Jerry J. Hultin and Mr. George R. Penfield, for relator.

Mr. William J. Brown, attorney general, Mr. James A. Laurenson, Mr. Blaine Fielding and Mr. Ronald B. Brown, for respondents.


STERN, J.

The essential question in this case is the meaning of two sections of the Ohio Constitution, Section 8 of Article II and Section 21 of Article III. Relator claims that, read together, those sections provide that an appointment to state office submitted to the Senate during its first regular session is consented to as a matter of law if consent is not refused prior to the first day of the second regular session of the Senate. For the reasons given herein...

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