¶1(concurring specially) :
¶2*394I agree with the proposition that the attempt of the legislature to confer authority upon itself (its officers) to make appointments in the Executive Department, the effect of which could lead to legislative control of executive functions, is contrary to constitutional principles. And I am appreciative of the efforts of Justice Ellett in setting forth the reasoning and authorities which so demonstrate. But I think that, consistent with the principle of the separation of powers, and our own duty of judicial restraint arising therefrom, that the proposition just stated above fulfills the purpose of this case. Accordingly, I do not see either necessity or wisdom in making further observations or indulging in conjecture as to what other method of selection of the members of the Board of Higher Education, or whether the legislation would have been enacted at all, if the legislature had thought the method it did prescribe was improper. This is said notwithstanding the savings clause referred to. Such clauses are effective only as to separate provisions of an act which can stand independently. But if the parts of the Act are so interrelated that the voiding of one portion would so substantially change the nature of the legislation that it cannot fairly be determined what the legislative intent would have been, nor whether the legislation would have been enacted, it is not within the prerogative of the court to rule that certain portions of the Act are invalid and assume that the legislature would have enacted other interrelated portions of the Act without them. See Carter v. Beaver County, 16 Utah 2d 280, 399 P.2d 440; Pride Oil Co. v. Salt Lake County, 13 Utah 2d 183, 370 P.2d 399; and State By and Through Hansen v. Salt Lake City, 21 Utah 2d 318, 445 P.2d 691. I therefore do not believe that under this act either the Legislature or the Governor can make the six appointments which were designated to be made by the President of the Senate and the Speaker of the blouse of Representatives.
¶3(concurring)
I concur in the decision of the court in reversing the judgment of the district court. I am of the opinion that Section 5(1), Chapter 138, Laws of Utah 1969, is unconstitutional and void insofar as it purports to confer upon the President of the Senate and Speaker of the House of Representatives power to appoint members of the State Board of Higher Education which was created by the act.
¶4(concurring in the result) :
I concur in the result of the majority opinion on the ground that Section 5(1) of Senate Bill 10, which confers certain powers of appointment to the State Board of Higher Education upon members of the Legislature, is unconstitutional in that it violates Article V, Section 1 of *395the Constitution of Utah, which provides for the separation of powers of the three departments of government. The provisions of this one section of the act concerning the appointment of the members to the Board are interrelated, and it is not within the scope of this court’s function to select the valid- portions of this section and conjecture that they should stand independently of the portions which are invalid;1 therefore, all of Section 5 (1) is unconstitutional.
¶5. State By and Through Hansen v. Salt Lake City, 21 Utah 2d 318, 325, 445 P.2d 691 (1968); Carter v. Beaver County Service Area No. One, 16 Utah 2d 280, 283, 399 P.2d 440 (1965); Pride Oil Co. v. Salt Lake County, 13 Utah 2d 183, 187, 370 P.2d 355 (1962).
¶6(concurring and dissenting) :
I concur in the main opinion with respect to the unconstitutionality of the power of appointment given as to the six members, but dissent from the suggestion that the act is offensive only insofar as it purports to sanction the appointment of the six members of the fifteen member board; ergo, that the remaining nine members appointed by the governor constitutionally may remain in esse, and he may now appoint the other six.
I think all of Section 5(1) of Chapter 138, is unconstitutional. The board is created therein as well as the power to appoint its members, and these two key aspects of the legislation are so inseparably related as to rise or fall together.
It appears that the plaintiff, Governor Rampton, agrees, when he says that “Section 5(1) … is unconstitu-
tional and invalid,” and by saying in the last line of his brief that “Section-5(1) … must be declared unconstitutional and invalid.” (Emphasis added.)