Tyrrell

On November 17,1884, during a recess of the legislature, a vacancy existed in the membership of the state board of health, and on that day the appellant, Tyrrell, was appointed a member of said board, and in the commission issued to him by the governor it was recited that he was thereby appointed “a member of the state board of health, vice F. W. Hatch, deceased, for the term expiring January 11,1888. Appellant duly qualified as such officer November 19, 1884, and since that date has continued to discharge the duties of said office.

Upon January 10, 1885, the legislature being in session, the governor transmitted to the senate a message informing that body of appellant’s said appointment on November 17, 1884, “ for the term of four years, vice F. W. Hatch, deceased,” and the senate was requested to consent thereto. The senate took action upon said message, and the question, “Will the senate advise and consent to the appointment of G. G. Tyrrell, of Sacramento, as a member of the state board of health for the term of four years, vice F. W. Hatch, deceased ?” was decided in the affirmative. The governor did not thereafter issue to appellant any commission for said office, nor has…