The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-02-21

foliowtpE resoiussoas Of the sesuas:-
STATE kgw YORK
Resolved, 1ha, the Attorney General inform the ssns.
State eopsaton Is IN The power Of tse Legislature Of t
STATE, o. Of,hs oovsMor q h. Sat. wiis Ethos, q
70 sdmn.,s S any duties appeT.nDs sosy to The ses and
nsHsT
e. ss S s s S oS
non to the nature and extent o. TIE resriccs imposed
"0' '"' "''' 'e' 0' Va '''' s r. ALIEN. Clerk
IN SENATE, Feb. II, 1857
Resolved That Tie Attorney General ans~er the
Legislature people shder article ten secacn two Of the
Stale coosution be also rsquesed 70 eommuncats h OPT
@ Of the LEGISLATURE under article section eighteen, OF
"'''' 'D''' ''-" % % '"4''' s. ?. ALLsS' Siert
Aud In answer thereto, reples-rhat under article 8,
fecon 10, Of the contituoD neither the Governor and
Senate nor the Legislature have the power to appoint
sicis cfsrsoser BY thai srsics And section ali ad ;,sl
ocers 10 those places 10 be elected. This ,es
well TO thote strictly judicial, - TO those whose duties
The matters contained In the nrst resolution are more
o III ult to answ,r saisacto,iy
Iowa
All county officers, vho,e election appointment not
o ~ % m % M @ ~ ns s2s % @
pefvisor or other county suories tie Legislature shall
Tss s 20 Yn prevaed sy ss g
de ssop sseos or appoped by ,ueb snos. ssreo
as the Lgsaure shall for that purpose All
as ccnsiSion and al WHOSE once may hereafter Ss
the Legislature may direct.
The resouon referred 10 quite comprehensive in i
terms oairg tor An opinion not only s 70 Tho porers
Of appointment Of LEGAL oe bu. also ~ 70 the nature
end extent Of the restrictions imposed and 20
erred by this section Of the constitution.
The sole object OF the Interpretation of the constitution
TO discover intention OF the trainers Various we'll
setd rsles laid down by which 70 aiceran the true
meaning Of statutes prominent among which 10 the
i0
the making OF 1.-THE object In contemplation at The time
tie act rss psesed Attention should be paid TO tho cir
Gun stances, whenever there Ia question: either OF
psnipt an obscure, ambiguous, sde,ermnse pasage,
or Of applying TO partsr case Tho whole context
tcn although edate OBJ oct Of the inquiry be the
| nearing OF an Isolated clause.
Tesns this section OF the constitution by these rules
aid dov by Smith on the Constitution OF Statutes,
what wss the intent OF Its framersl
with the Of ,be Senate appointed many Of
the prominent officers not only state, but county and
one 0ov, 2, 'us - ,S,. no" 10 ss
away the power OF mtpt from the Governor and
confer rpon the localities either by election appon.
ment The GoverBor has not now, by express enact
mtnt the power appoint any bu, military OH ,ers
with this fact view The Interpretation OF This section
Py his rection neither The Legislature nor The over.
por with without the concurrence OF the Senate,
appoint city county officers cxiseuoe and hnowa 70
ise oopsuiu,on al tie time Of lie adoption. II plainly
ptias out BY whom they 10 be elected appointed,
I'D OF oourse pr recludes ali other modes.
Had section closed al tbe end n the sentence In
ference cities, &C. and with the words the Legs
a,ure ,hall dssIgnse for hat purpose" no question
vrulo have arisep.
Tie rensincer OF the section creates the doubt II
eoes provide for the ek otoa appointment OF ON
otberhsp city end county and with whom We have
nov po,hirg 70 do
The rext sensrce clearly shows The former part Of tho
section sypes 10 Offices In existence whom the constsu
ton adopted, and this last sentence % tnose whose
| offcss might be thereafter legally created
nd the trainers OF the consultation intend that oil
Cfosr sben known should bc elected app,lnted In
esoribed way by the local powers and yet leave 70
ibe LEGISLATURE the unlimited power 10 make all
officers elective by any olass CT people, appointed BY
any power II might selecH
The lsp ausfe "a officers vhose cf'cs maj hereafter
be created By law shall be elcsed By the people or sp
| pointed ms the Legislature may direot'
that within the spirit and intent Of this phrase without
regard TO the preceding olauses) the Legislature can
on cot fat the Mayor other city obcer be elected
by the people Of the whole STATE By people olher
than OF the particular cy In which he n 70 ocaie No
lawyer viii ioY moment claim this
Ire ward people then Is clearly limited TO the local
iiy 10 not the sppointir power eausy soS None VII
contend that the power Of the people 10 elect more re
s,rc'sd than The power TO appoint
tgain, BY spoher rule Of construction, when words
Ones In the soonpecon are limited by those pre-
| cedlpg
his latter clause be constr 1ei In connection with
the foymer rsrt o. the SECTION and hs true rsdirg ~,
| "shsll be (ln Ike marner) elected or appointed
Thvr tho Whole section hsrmonious and carries out
the evc ent inteft ,f va trainers We canoot suppi-e
that bey Intended 70 prov de for two anag,nlc uo5oi
ot eiecilns eppc,Dtns his C'sss y cmce-s in'f Al
! sneIEetcy would ever hAS q EAssh ms EsqsS ea@