The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-07-21
THE PElITEH1ARI CAST! !
THE APPOINTING POWER
Decision by the Supreme
Court of Appeals,
william l.. Bridges, Compit.1 !


Thomas p. Shall cross, Defn't)
In the Supreme Court OF Appeals
Upon = Demurrer 90 the return
made TO the writ OF MRndamus nisi
Issued and Returned.
syllabus Of points adjucated by the Supreme
Court OF Appesls In the above case In
which the four Judges OF said Court con-
CURED.
/. The act passed by the Legisla-
ture of West Virginia on the 14th
day of January 1873 entitled "An
act amending and re-enacting section
one of chapter So of the code of West
Virginia concerning the Board OF
Public Works. is not repugnant to
the 4th section of article the 7th of
the constitution of the State of West
Virginia. And that the part orparts
of the act of the Legislature passed
on the lst day of April 1873, entitled
can act to amend, and re-enact
sections two, six, seven, fourteen
and nineteen of chapter l63, of the
Code of West Virginia which are
directly involved, or apply to this
case, is, and are not repugnant, said
4th section of said article Z of the
constitution Of the State OF West
Virginia.
=. That the said act of the Legisla-
ture of the 14th day of January
1873. does not in fact, or effect,
operate as an appointment of
the Governor and the other executive
officers therein referred to, to Diff
ferent office or to different offices,
but substantially to prescribe the du-
ties and powers of the Governor, and
said other executive officers to be by
them exercised and performed as
constitutional officers of the execu-
tive department of the government
to which they We're or may be elect
ed-that in other words said act in
substance and effect simply annexed
Ia the offices of Governor, and the
other executive officers therein
named, powers and duties.
3. Prescribing the 'manner" in
which public officers shall be elected
and removed as expressed III the Sth
section of article 4, of the constitu-
ton of the State of West Virginia,
when read and considered in cOnnec-
ton with article :, section l., and 3
and section 40 of article ., and other
sections of same constitution, in
cludes the agent or persons who may
appoint as well as the formality
with which it should be done.
4. That the said act of the legisla-
ture of the State Of West Virginia
passed on the said l4th day OF Janu-
AIRY entitled, can act amending and
e-enacting section one of chapter
fifty-siX of the Code of West
Virginia concerning the Board
of Public Works" " and enact
ing that said section be amended and
re-enacted so as to read as follows:
THE Governor, Auditor. Treasurer,
Superintendent of Free Schools, and
Attorney General, shall be and con-
tinue a corporation under the style
of the Board of Public Works > is
not repugnant to the constitution OF
said State, but is valid and binding.
). So much of the act passed by
the Legislature of the State
of West Virginia OH the first
day of April, 1873, entitled
am act to amend and re-enact sec
tions two, six, seven, fourteen ana
nineteen, of Chapter l63, of the Code
of West Virginia, as is directly in
volved in and applies to this case es-
pecially the part and parts thereon
by which it is enacted that the
Board of Public Works shall on the
18th day of April, in the
wear 1879, and every two
wears thereafter appoint a Su-
perintendent of the Penitentiary at
Moundsville, whose term of service
shall begin on the first day of May
next after his appointment, and also
should have the powers, and perform
the duties of said office prescribed by
law, and shall receive as an annual
salary not to exceed 81, 500, at the
discretion of the Board Of Public
Works, is not and are not repugnant
TO the constitution Of the State of
West Virginia, but is and are valid
and binding.
Judges Raymond, PAUL, Hoffman
and Moore all concurred in the fore
going syllabus Of points adjudicated
in the above named case.
DECISION.
The only questions presented for the
consideration, and determination OF the
Court by the demurrer OF the com.
plainant to the return OF the defendant
made to the mandamus nisi awarded In
this cause are as follows. viz
|. Is the act passed by the legisla-
ture on the l4th day OF January, 1878,
entitled, IAN act amending and re-
euacting section one OF chapter fifty
elk Of the Code of West Virginia con-
ceruing the Board OF Public Works,
which provides that the Governor,
Auditor, Treasurer. Superintendent OF
Free Schools aud Attorney General,
shall be and continue a corporation un.
der the style OF the Board Of Public
Works." repugnsn. to the Constitution
OF this State, and therefore null and
void?
2. L. the act of the legislature passed
on the lst day of April, 1873, entitled,
IAN act to amend and re-euact sections
2.6.7, IA. and l9, Of chapter l63 Of
the Code OF West Virginia" providing
among other things that there shall be
q Board OF Directors OF the Peniten-
tiary, consisting of FIVE persons appoint
ed by the Board of Public Works on
the 4th day OF March, or az
soon as practicable thereafter. and
also providing among other things tha,
the said Board OF Public Works shall
on the 18th day OF April, in the yea,
1873. and every two years thereafter
appoint Superintendent OF the peni'
,antiayu At hop ndsvtIa uh0ea term n