(DOWNLOAD) "Application of Osullivan" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Application of Osullivan
- Author : Supreme Court of Montana
- Release Date : January 01, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
1. Officers ? Discretion of appointing power. Under the Veterans Preference Act prior to the 1943 amendment giving veterans preference for public employment over others of equal qualifications, the appointing power had discretion in determing whether the veteran was qualified, and the province of the court was to determine whether the appointing power acted arbitrarily or otherwise abused its discretion. 2. Officers ? Amendment dispensed with notice. The amendment of 1943 manifested an intent to dispense with notice to the appointing power of proceedings instituted for the appointment of a veteran to public office and hearing before district court. 3. Constitutional Law ? Power of appointment is executive function ? Cannot be delegated. Generally, the power of appointment of officers not connected with the judiciary is an executive function which cannot be delegated to the judiciary when not expressly provided for in the Constitution. The amendment of 1943 to the Veterans Preference Act, in so far as amendment makes the court the appointing authority for public offices not connected with the judiciary, is void as delegating executive functions to the judiciary. 4. Constitutional Law ? Act held unconstitutional as deprivation of due process. Judicial proceedings without notice and opportunity for hearing are unconstitutional as a deprivation of rights without due process and the amendment of 1943 in so far as amendment dispenses with notice to appointing power of proceeding instituted by veteran for appointment and hearing is void, as denying due process of law. 5. Statutes ? Invalidity not affecting remainder of act. The invalidity of the portion of the amendment of 1943, in so far as it dispenses with notice to the appointing power of proceeding instituted by a veteran for appointment and hearing, does not affect the validity of the remaining portions of the amendment in view of the saving clause of section 2. 6. Officers ? Inclusion of men and women held valid. The portion of the amendment of 1943 purporting to include within its terms men and women who served in World War II is valid. 7. Statutes ? Invalidity does not affect prior statute. The invalidity of the portion of the 1943 amendment, in so far as it purports to dispense with notice or hearing of the proceeding for the appointment of a veteran, does not repeal the portion of the 1937 act with reference to issuance of an order to show cause and notice to the appointing authority in a proceeding for preference. - Page 296 8. Officers ? Appointment not retroactive. The provisions of the 1943 amendment which allows compensation to date back to the time when the veterans appointment should have been made relates to a matter of substantive right, and is not intended to be retroactive so as to apply to an appointment sought prior to the effective date of the amendment. 9. Municipal Corporations. The Veterans Preference Act applies to the office of city attorney.
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