The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-12-24
Public Officers and Ageh's-""
Omcers Not Elected Are ApP"'"''
Cd and.by whom,

Pobiic Oncers and Agents-HoW
Omcers Not Elected Are Appoint
ed and.by whom,
Editors of the Register:
Section s, Article 4, and Sections 8
and 9, Article 7. embrace all the mate
rial constitutional provisions bearing
directly on this question.
Section 7, Article 4, reads:
The LEGISLATURE, in cases not pro-
vided for in this Constitution, shall
prescribe by general laws the terms OF
office, powers, duties and compensation
of sll public officers and agents, and
the manner in which they shall be
elected, appointed and removed.
It will be observed that this Section
has reference to the manner OF electing
appointing and removing all public
officers and agents, and not to the
persons or functionaries by whom they
shall be elected, appointed and removed.
This ssction does not confer on the
Legislature the power to designate by
whom public officers or agents not
elective shall be appointed; but en-
mowers the Legislature by general laws
to prescribe the manner of their appoint
ment. Nor does this Section prescribe
by whom elective officers shall be
elected, or leave this question to be de-
termined by the Legislature. We
know, however, that all elective officers
under this Constitution are to be
elected by the qualified voters;
and it is believed to be
equally certain that all public officers
and agents, not elective, are to be ap'
pointed by the Governor. And the 9Th
Section of Article 4 OF the Constitution
confers upon the Legislature the power
to prescribe by general laws the manner
in which all elective officers shall be
elected; and the manner in which all
public officers and agents not elective
shall be appointed by the Governor.
True, this election does not declare that
the Governor shall appoint all officers
aud agents not elective; but it will BE-
observed, too, that it does not declar'
that the qualified voters shall elect all
elective officers. Who shall elect al!
elective officers is elsewhere prescribed.
And who shall appoint all officers aud
agents not elective is pointed out with
equal clearness and certainty in Sec
tons 8 and 9 of Article I OF the Con-
sti,ution.
In order to fully understand the
question involved these two sections
should be read and construed together.
s. The Governor shall nominate, and
by and with the advice and consent Of
the Senate, "a majority Of all the Sens.
tors elected concurring by yeas and
nays) appoint all officers whose Offices
are established by this Constitution, or
shall be created by law, and whose Az.
poiutmeut or election is not otherwise
provided for; and no such officer shall
be appointed or elected by the Legisla-
ture.
9. In case OF vacancy during the
recess OF the Senate in any office which
is not elective. the Governor shall b.
appointment fill such vacancy until the
next meeting Of the Senate, when he
shall make a nomination for such office,
aud the person 30 nominated when con-
firmed by the Senate. "a majority Of al
the Senator's elected concurring by yeas
and nays) shall hold his office during
the remainder OF the term, and until his
successor shall be appoir ted and quail
lied. No person alter being rejected bv
the Senate shall be again nominated
for the same office during the same see.
sion, unless at the request of the Sem
ate; nor shall such person be appointed
10 the same office during the recess OF
the Senate.
In fact these two sections should con.
stitute but one. But by reading and
constituting them in connection, whether
you read them as two sections or only
one, it is clear that our present Con-
stitution eontemplates that all public
officers not elective shall be appointed By
he Governor BY and ,o,M the advics and
eon,ent ofthe Senate.
Toe 9Th Section provides for the
original appointment II all public Off
Gers !. and the 9th Section provides for
filing vacancies in precisely the same
character Of offices, that are referred to
10 the 9Th Section, and describes them
10 all Offices which are mot elective
l have said that these sections should
be construed together. Can any one
doubt that the last sentence of Section
9 was not intended equally to apply to
appointments to be made under the 9Th
Section I? I'm case of vacancy during
the recess of the Senate in any office
which 10 not elective, the Governor
shall by appointment fill such vacancy
antA The next meetings of the Senate,
when he shall make a nomination for
such Office" Is II to he supposed that
Che Consultation contemplstes that the
Board OF Public Works shall appoint Q
foe thu Stata Panitan.