Winter v. Davis’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Under the provisions of section 19 of said | article 5, it is provided that vacancies in any of said offices must be filled as provided by law, and, if that were the only provision of the constitution with reference to vacancies, the contention of the defendant as to the plenary power of the Legislature in filling such vacancies would be correct. But in determining this question we must take into consideration a part of section 6 of article 4 of the Constitution which relates to the filling of vacancies, and is as follows: “ ‘If the office of a justice of the Supreme or district court, Secretary of State, State Auditor, State Treasurer, Attorney General, or superintendent of public instruction shall be vacated by death, resignation or otherwise, it shall be' the duty of the gov ernor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be provided by law.’ “Under that provision of the constitution, whenever a vacancy occurs in the office of a justice of the Supreme Court, it becomes the duty of the Governor to fill the same by appointment. This is an absolute grant of appointive power to the Governor by the Constitution itself and does not depend upon legislative action or legislativé sanction. That power given the Governor, is .not limited or controlled in any manner by the provisions of said section 19 of article 5. If that were so, the Legislature might provide that when a vacancy”

   1 later decision quote this exact passage
   e.g. Tway v. Williams

2. ““Section 57-914, I.C.A. [I.C. § 59-914], makes a distinction as to the terms of officers elected and appointed to fill vacancies. If they are elected to fill a vacancy, they hold during the unexpired term to which they are elected, and until their successor is elected and qualified. If appointed, they hold by appointment only until their successor is elected and qualified. It is obvious the legislature had in mind by this enactment that a vacancy to fill an unexpired term could be filled by election, otherwise it was needless to make a distinction between the term of an officer appointed to fill a vacancy and the term of an officer elected to fill a vacancy. The wording of Section 57-906, I.C.A. [I.C. § 59-906], would corroborate this view because it is there specifically provided that the appointee shall fill the vacancy only until the next general election, when such vacancy shall be filled by election.””

   1 later decision quote this exact passage
   e.g. White v. Young

3. ““* * * If thg 0ffiCe 0f a justice' of the Supreme or district court, secretary of state, state auditor, state treasurer, attorney general, or superintendent of public instruction shall be vacated by death, resignation or otherwise, it shall be the duty of the governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be provided by law.” (Emphasis supplied.)”

   1 later decision quote this exact passage
   e.g. Moon v. Masters