The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-02-13
THE CONSTITUTION.
Executive Department.

various resolutions concerning the
same, have had the whole subject under
consideration and respectfully report
the following, which, in their opinions
would form the proper article OF the
new Constitution, embracing that de-
partnent OF the government.
ARTICLE -.-EXECUTIv DEPARTMENT
/. The Executive Department shall
consist Of a Governor. Lieutenant Gov
ernor, Secretary OF State, who shall per
form the duties OF State Superintendent
of Free Schools, Auditor, Treasurer. and
Attorney General, who shall each hold
his office for the term Of four years
from the second Monday OF January
next after his election, and until his
successor is elected and qualified.
They shall, except the Lieutenant Gov
ernor and Attorney General, reside at
the seat Of government during their term
of office, and keep the public records,
books and papers there, and shall
perform such duties as may be pre-
scribed by law.
| ELECTION.
y. An election for Governor, Lieuten-
ant Governor, Secretary Of State,
Auditor, Treasurer and Attorney Gen
eral shall be held at such times and
places as may be prescribed in this
Constitution, or by general law, and
every four wears thereafter.
3. The returns Of every election for
the above named officers shall be sealed
up and transmitted by the returning
officers 10 the Secretary Of State,
directed to THE Speaker Of the House
of Delegates" who shall Immediately
after the organization ofthe House, and
before proceeding to business, open and
publish the same in the presence of a
majority OF each House Of the Legisla-
ture, who shall for that purpose assem-
bic in the hall of the House OF Delegates
The person having the highest number
oil votes Tor either OF said offices shall
be declared duly elected but if two or
more have an equal and the highest
number of votes, the Legislature shall,
by joint ballot, choose one of each
persons for said office. Contested
elections for all of said offices shall be
determined by both Houses of the Leg.
islature by joint ballot, in such manner
as may be prescribed by law.
ELIGIBILITY.
1 No person shall be eligible to the
office of Governor or Lieutenant Gov
ernor who shall not have attained the
age Of thirty years, and been five years
next proceeding his election citizen
of the United States and of this State.
Neither the Governor, Lieutenant Gov
ernor, Secretary OF State, Auditor,
Treasurer nor Attorney General, shall
be eligible to any other office during
the period for which he shall have
been elected. The Governor and
Lieutenant Governor shall be eligible
to said Offices, respectively, for four
years next preceding the term for
which they were elected.
GOVERNOR.
). The chief executive power shall
be vested in the Governor, who shall
take care that the laws be faithfully
executed.
s. The Governor shall, at the COM
mencement OF each session, and at the
close of his term of office, give to the
Legislature information by message, OF
the condition of the State, and shall
recommend such measures as he shall
deem expedient. He shall account to
the Legislature, and accompany his
message with a statement OF all money
received aud paid out by him from any
funds subject to his order, with vouch-
ers, and at the commencement OF
each regular session, present estimates
Of the amount Of money required to be
raised b7 taxation for all purposes.
!. The Governor may, on eXtraordI'
nary occasions, convene the Legislature,
bv proclamation, stating therein the
purpose for which they are convened,
and the Legislature shall enter upon
no business except that for which they
were called together.
s. In case OF a disagreement between
two Houses with respect to the time OF
adjournment, the Governor may, on the
same being certified to him by the
House first moving the adjournment,
adjourn the Legislature to such time
as he thinks proper, not beyond the
| first day of the next regular session.
9. The Governor shall nominate,
and by and with the advice and consent
Of the Senate Ga majority of all the
Senator'S elected concurring by yeas
and nays,) appoint all officers whose
offices are established by this Cons;itu-
ton, or which may be created by law,
and when appointment or election Is
not otherwise provided for. and no such
officers shall be appointed or elected by
the Legislature.
10. In case Of vacancy, during the
recess OF the Senate, in any office which
is not elective, the Governor shall make
temporary appointment until the next
| meeting Of the Senate, when he shall
nominate some person to fill such office
and any person so nominated, who is
confirmed by the Senate "a majority ofall
the Senators elected concurring by yeas
and nays shall hold his office during
the remainder OF the term, and until his
successor shall be appointed and quail.
flied. No person, after being rejected
by the Senate, shall be again nominated
Tor the same office at the same session,
unless at the request OF the Senate, or
lie appointed to the same office during
the recess of the Legislature.
/ Eli. The Governor shall have power
to remove any officer whom he may ap.
point in case of incompetency, neglect OF
duty or malfeasance in office; and he
may declare his office vacant, and fill
the same as herein provided iu other
cases of vacancy.