Show t Maw Must Ask Senate Okeh I Of Of Appointees Unless Gov Herbert B. B Maw obtains senate t confirmation of ot th three ec interim appointees n named med by him hint s n adjournment ent o of the 1947 1941 legislature terms of office e f for r the appointees appointees' will expire jou 1 e t of ot the c current special session Atty Gen Grover r A. A Giles ruled Tuesday In an opinion prepared at ther the r request of Sen Newell Knight R R. Salt Lake Mr Giles Gules i interpreted the state c constitution and statutes I as requiring the governor to submit submit submit sub mit to the senate for confirmation the thc names of nominees to fill un- un expired terms Interim appointees Mr Giles rules can hold office under the law only until the next meeting of oJ the senate which in m our opinion opinion opinion ion means the meeting of or the senate senate senate sen sen- ate in the special session Bession now con con- Affects Appointees The opinion directly affects A. A O. O Ellett director of the department department department de de- de- de of veterans veterans' affairs Dan Edwards industrial commissioner and J. J Henry McGean finance commissioner all of whom have been filling terms and have not as yet been confirmed by the s senate nate n In the opinion presented Tuesday Tuesday Tuesday Tues Tues- day morning to Sen Knight and Gov Maw Mr Giles held that section VI article VH of at the state constitution a section which re restricts restricts restricts re- re the special session to that business for which it was especially especial especial- ly convened does docs not apply in inthis inthis inthis this case It is uniformly held he he- ruled that the confirmation of gubernatorial gubernatorial gubernatorial guber guber- appointees by the senate is not legislative business but isan isan is isan an administrative or executive act Rules Out Section The opinion also ruled out section section sec see tion 87 2 of Utah statutes as bearing on the question This statute requires the governor to submit within 10 days day after the meeting of the legislature a list of all appointments made by him during the recess of the legisla legisla- ture On other occasions this office has held that this section has no relationship to the nomination for tor senate confirmation the ruling noted This list of appointments is is submitted only for the information information tion of at the legislature and to Inform inform inform in in- form that body as as to who has been serving as as its public officers as 85 interim appointees Such names are not submitted for confirmation and of at course the persons appointed as interim appointees might not c even en be the same ones as those whom the governor governor governor gov gov- might choose to nominate for senate confirmation to fill till un- un expired terms Sen Knight read the opinion to the senate as the first order of business Tuesday at 2 pm p.m. He offered no comment and no senate action was taken |