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Abstract

The governor of Wisconsin instituted a declaratory proceeding against the secretary of state. The governor wanted to determine his power to make ad interim appointments to allegedly vacant statutory offices and to positions incumbents were holding over. Prior to this action he had made no appointments to these offices, for the secretary of state had advised him that he would not honor the commissions, or audit and pay the expense account of such appointees. The governor claimed that the alleged conduct of the secretary of state prevented him from securing suitable persons to fill these offices. The court held that the governor was not entitled to a declaratory judgment since there was no gubernatorial appointee who could presently assert a legally protective interest, and the mere difference of opinion did not make a "justiciable controversy." State ex rel. La Follette v. Dammann, (Wis. 1936) 264 N. W. 627.

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