Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1871-04-18
THE BOARD OF SUPERVISORS.

CharIestoWn their township Municipalities
aud had the Governor a right to ell the
vacancies thereby made, in the County Board
of Supervisors
These questions have been raised by shep.
herdstoWn--its BOard-its newspaper, aud itI
newspaper correspondents aud arc questions,
that, in the excitement created by the pending
contest in reference to the county seat locality,
are not undergoing tho examination aud re-
ceivinG the attention from the people, that, IL
seems to me, their importance deserve.
In the Register of March the 18th "W."
says, that the appointment by the Governor,
of Logan Osburn and Rein Cross, as Super
visOrs' is sin paIpable conflict with the Cons
stitution." To be sure, no reference 10 article
or section is given. But that is immaterial.
l shall show directly, that ShepherdstOwn
references are not always to be relied on.
Again: wv" says, that the act of tho Leg,
islature creating new townships, overrides the
Constitution, which declares that power to DO
in the Board of Supervisors, in conjunction
with vote by the people. The popularity
of this proposition is, that. unwiIIingly, aud
unfortunately for Nv" it is perfectly correct
Since the PRONUNCIATION of the above com.
Wentary on the constitution, concerning
which | shall have word to say hereafter,
Mr. Cooke, in his usual concise aud lucid way,
has published an opinion on the subjects in
dispute, that to every reasonable aud intelli.
gent man, must be perfectly satisfactory aud
conclusive.
In this emergency, in the Register of April
the 9Th, "LEx." makes his appearance, aud
completely ignoring w." says, that the as
sertiou Of Mr.. Cook, that the law restoring the
consolidated townships is valid, has mcrer been
cOMtrOrerted. Never cUnIroVerIcd Why,
have just shown, that it was cOntrOverted by
Nv" in the hcyiSter Of March the 18th
Blu: such are ever aud always the cOntradic>
tons, that mark the conduct OF those, who
having no solid basis to stand upon, are obliged
to strike blIndiy, dong much more injury to
their friends than to IheIr eUemIeS, aud, iav-
ing no hope OF doing good, are gruIIhed just
to the eXTeut, that they eau create cUuIusIUn
aud impede aud injure the pubic Interests
Now the truth Is, Nv" Is right The Leg
stature has nothing to do with the townships,
III the connection under discussion. That is
the business Ut the Board Ut Supervisuts' -
They, with the consent Ut majority OF the
voters OF each township, may alter the bounds
OF township, or erect Lew ones. Con. ar.
I, sec. Is. Accordingly, the act vi 1868, con
soLdlIIn= the tOw"shIps"i OSburu aud Charles
town, aud Bolivar aud laTpcr's Ferry was un-
constitutional, aud the Legislature Of 1871
very properly repeated it.
Having Iett hIs friend w" in the lurch.
aud 10y his admission tori fed the opinion Ut
MT. Cooke, Lex" proceeds to his argument
III chief. The action Of the Legislature, hay
ing necessarily made two vacancies in tho
Board, author zed the Governor to fill them :;
and Mr.. Cooke stated that he had right to fiil
them. Here" says Lex" as where the
error of Mr.. Cooks opinion commences To
sustain himself he must demonstrate that this
&C; OF the Legislature can and does abolish, or
is paramount to the Constitution" which he
calls paradox" and in cOrrobora ion of his
opinion lie refers to the I'd Sec. Of the 7uh ar.
of the Constitution. Now, what will your
readers think Of LEX" and of his stateme u,s
and opinions, when they are informed, not
only, that the I'd sec. Of the 7th ar of the Con.
stitut.On says nothing whatever about cies
in the Board Of Supervisors, or of the mode
Of filling them, but that, on the contrary, that,
from the time OF the formation Of the Cousti,
tuition, to the present hour, the mode of filling
those vacancies has been provided for by leg
islative enactment
Here is the proof. if it is desired:
by the acts Of 1868, CHI: 100, sec: Al,
when vacancy exists in the Office Of super
visor, an election to fill the vacancy shall take
place, on ten day = notice. Such was the mode
Of filling vacancies then nor has any one
ever been heard to say that it was in conflict
with the constitution. ny the acts of 1864,
CHI: 81, the foregoing provision was repealed,
and 1t was enacted, that when n vacancy ex-
lists in the Office Of supervisor, clerk, overseer
or others, the same may be filed by apr oint.
ment to be made by the supervisor, clerk
justice or justices, or by any TWO OF them"
And-wiihOut running through the statutes.
1t indeed there are any amendments OF
above enactment in them-by the Code of
West Virginia passed 4 pril 1869, it was en-
acted, that when there is a vacancy il the of.
flee Of supervisor. &c, the same may be filed
by appointment by the Board Of Supervisors.
And finally, tw" vacancies existing in the
Board OF Supervisors, an act of 1871, gives
the Governor power to appoint. Need add
another word on this subject!
There are two modes OF acquiring mem>
bcrship of the Board of Supervisors one is
by regular annual election, which is provided
Tor by the constitution the other by appoint
ment ar otherwise to fill vacancies, which-as
have shOwu-has always been provided for
by legislative enactment. Aud it would be
paradox" indeed, If the legislature had
right in 1864, to authorize u township clerk,
and justice to appoint to a vacancy in the
Board, aud in 1871 had not authority to give
the same power TO the Governor OF the State
Before concluding, cannot hclp sayiug,
that the l"rdly aud patronizing airs. with
which, Lex" speaks of the opinion of Mr..
CO"ke are amusing. Mr.. Cooke, l know
lie is a venerable aud excellent gentleman !;
deeply read aud largely experienced in the