The democrat. [volume] (Weston, W. Va.) 1868-1874, 1873-06-02

ppen 10 be abused, II Woulu nc mis- u
icvous in its consequences, 1t will a
II do to compose ourselves in tho be- a
# that we would suffer no inconycni. i
ice. We must look to probable fu. 1
ire results. The truth is, the Lsgi'' ?
turo too frequently extends its pow i
IS to political purposes to sa'iate a d
saily hate. Slchthia9s ough! mol % v
:. We could have no security it $
rose intCrferOnces were not subject TO o
,mo constitutional limits; and when S
gu talk about prccedcnts, you must Q
cmomber that the new Constitution is &
cry diFeren! from the old one. It I
,as framed and adopted partly for the I
urposc of preventing violent measures,
,c& as Sl9y la@s, te1 lars, yGgisira. {
io"lplcs, Ec., and all that kind of mr. '
'lIIaFy I'd oppressive legislation which !
vii b. hea forth and forever stran- /
gers 10 OUT e 'ltu,c books under the {
YOU should not tors ms n mavor of
history, that i. was ths ,.,pular mags. G
had SoI outnumbered the Cd" "vhcye,S
those who manifested no conc for I
tho welfare Of their government
tsnult, aud an ovCr.an xicus desire tor
ldi5-tBN,.wned tho voice Of those VINO
feet of tho conqaeFjPll' Of Rome at tue
We then again repeat the rdmom.
ton, Dismiss Prejudice, Read,
Ponder and Decide" B.
REMARks,-our friend jumps over
tho fence before he fairly enters the
field, He opens his argument By
submitting that what he says should
haze some scnblunce of candor, aud
that more naked assertions cannot be
expected to be received rs true. lie
then assumes the whole question when
he says that the Legislature has bro't
rCprOaeh upon its own head, because
it has OBcroached upon tho Executive
department BY its total disregard of
the Constitutional prohibtory prOvi.
sion which declares tina. it shall not
appoint or elect to any Office mention
cd in tue Constitution or created by
law. Now "B" must certainly admit
that whether tie Legislature has viola.
ted the Constitution in this particular
or not, is the question at issue; and
therefore he cannot expect US or the
public to tul:e for truth bis naked MS,
sertion that the Legislature has viola.
tod tho Constitution. Nor can he
claim hardly a scmblanco Of candor in
the way he puts his argument. lie
assumes that to be truo which is ia
controversy, and then urtfully lugs in
the hvoritC idea Of bis party, that IN
encrouchment has been made upon the
Executive department, Why, for
sooth? Because, says "B,' tho Leg.
stature has violated the Constitution
by attempting to appoint officers. This
as We said before, assumes that to DO
true which is in controversy, and
which We do not admit Yet fit
should be true, it does not at all fol.
low that il the Legislature has under.
taken to appoint TO office, it has en-
croachel upon the Executive depart.
mCnt Of government. 1t must frs. be
shown that the Legislature has not the
power claimed by it, aud then it must
be shown that the Executive has.
These two questions arc entirely dis.
tinct. 0nc does not involve or follow
tue other Tho claim that tue Cover
nor has this power is now virtually
aban 'oncd by his friends, aud is not
even claimed, except by way of infer.
encc, by "B' in his letter, and We
feel assured is not believed by him 10
exist.
we think We have heretofore
shown that the Legislature has power
to provide how Offices created by law
shall be filed; or, in other words, that
they may be filed in some other way
than BY appointment by tho Executive
and that providing by law how an
Oliico might DO filled is an entirely
different Thing from filling it. The
only question presented. then. is no,
whether tho Legislature can cOufsr
this power Of appointment ut all, Tut
whether it can confer it upon the
Board Of Public Works Upon tbii
lucS ton we refer "lj' TO the case de.
sided by the Ohio Supreme Court,
which was garblcd by Governor Jacob
IN his veto message, ind in which the
Court used the following language:
"lf tho General Assembly annex to
an Office already existing end filed i'd
lltiona! powers and duties, upon what
ground can it be claimed that this is
hc exercise by tho General Assembly
If the appointing power? Certainly
lPon this only, that tho General AS.
emily has enlarged or added to the
lowers aud duties Of all existing Of.
ice, But this is really absurd for
{ adding to the powers or duties of OK.
sting officers is IN exercise OF the IN.
'oiuiing power, then every new duty
cqairsd or poser conferred upon any /
'tatc, County or Towuship officer,
aust demand the exercise BY the Gen.
raj Assembly Of the appointing power
rohibiIed by the Constitution. These |
Illacious posi- tions arise out Of a mis-. ,
pprGhcnsiou of what is mCOnt by the /