Page:North Dakota Reports (vol. 3).pdf/451

 he was elected.” Every governor of the state, since our admission into the Union, has also acted upon the same theory by submitting to the senate the names of nominees for appointing offices, and every senate has acted upon such nominees by confirming or rejecting the same. During the three sessions of the legislature that have been held since statehood, and since the adoption of the construction, not less than 23 separate laws have been passed creating appointive offices where the governor has been required to share the appointment with some other person or persons or body, usually the senate. All of these acts, seven of which were passed by the last legislature, and signed by the present executive, are unconstitutional and void, on the theory that the exclusive appointing power rests in the executive.

Thus much we have deemed it proper to say in explanation of the position taken in the original opinion. It is apparant from what we have said that our original views are in no manner changed. We are required in this case to choose between officers appointed by the governor and senate and officers appointed by the governor alone. In declaring the former to be the legal officers, we have no fear of in any manner violating the declared will of the sovereign people of this state, as expressed in their constitution. The petition for rehearing is denied. All concur.

(56 N. W. Rep. 142.)