The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-07-09
SUPREME COURT OF APPEALS.
WILLIAM l.. BRIDGES
THOMAS p. SHALLCROSS
Upon q Mandamus nisf.
Gen. James o. wheat's Argument.
CONCLUDED.

| SeCOnu. lue itu eeCtlopkoi WIG S"n
article is in these words:
~. The general election OF State
and county officers, and OF members oil
the Legislature, shall be held on the
second Tuesday OF October until other
wise provided by law. The terms o.
such officers not elected or appointed tc
fill a vacancy shall, unless herein
otherwise provided, begin on the first
day OF January, and OF the members o
the Legislature on the first day o
November next succeeding their cleo
ton. Elections to fill vacancies shall
be Tor the unexpired term. When va
cancies occur prior to any general cleo
ton they shall be filled in such manner
as may be prescribed herein, or by geH.
eral law, which appointments shall ex,
pire at such time after the next general
election as the person so elected to fill
such vacancy shall be qualified" The
last sentence of this section must be
considered in connection with the fol-
lowing section:
"S. The Legislature in cases
not provided for in this constitution
shall prescribe by general laws, the
terms of office, powers, duties and com
pensation of all public officers and
agents, and the manner in which they
sball,be elected, appointed and remov-
ed"
Here is a power coupled with a duty,
conferred dlupon the legislature by affirm
ative grant. To enable us, the more
clearly to understand the true mean
ing of this and the preceding section,
1 will group with them, other sections,
having direct bearing upon the ques-
tions we are considering.
The Sth section Of the Tth article, is
as follows: 18th. The Governor shall
nominate, and by and with the advice
and consent OF the Senate, "a majority
of all the Senators elected concurring
by yeas and nays,) appoint all officers
whose offices are established by this
Constitution, or shall be created by
law, and whose appointment or election
is not otherwise provided for; and, no
such officers shall be appointed or elect
ed by the Legislature" The first sen.
tence of the 4th section OF the same ar
ticle reads az follows: 18th. Neither
the Governor, State Superintendent OF
Free Schools, Auditor, Treasurer. Att
torney General, shall hold any other
Office, during the term Of his service.
From a careful analysis and critical eX-
animation OF these sections, alter dill
gent study OF the whole constitution, il
will appear that
Third. Whenever, either by the con-
s,itution or an act OF the legislature, an
officer or agent OF the Government, is
required to be elected, that election
must be by the voters Of the State at
large, a district, a circuit, a county, or
subdivision ofthe county as the case
may be; and in no case whatever by
the legislature.
Fourth. Whenever. either by the con
stitution or an act OF the legislature, an
officer is required to be appointed, that
appointment can only be maze by the
Governor, by and with the advice and
consent OF the Senate; but in no case
can the legislature make such appoint
ment.
Before noticing some OF the obiec-
tions that have been urged to the plain,
simple and direct enactmeDts Of the
constitution. beg leave to call atten-
ton to come Of its most striking. lead
ing features to which ! have before al
luded.
No one can read the 9th article, re-
latipg to the legislature, and compare
it with the former constitutions to which
reference has been made, without being
struck with the vigilant care displayed
ITO destroy the evil effects OF sudden
and strong excitement, and OF precjpi.
tate measures, springing from passion,
caprice, prejudice, personal influence,
and party intrigue. which have been
found by sad experience to exercise a
potent and dangerous sway" over the
legislature. Hence we find in this
article both affirmative mandates and
negative prohibitions, and very care
fully elaborated provision both here
and in other articles, to prevent the
passage of local or special laws in any
Of large number OF cases, heretofore
the fruitful source OF corruption
and q wrong and injustice. 1t is
not the least significant, in this connec'
ton, that the Constitution contains a
section (l6th section OF the 9th article
prescribing the following amongst 9TH
er oaths, to be taken and subscribed by
members OF the Legislature before they
enter upon their duties:
81 will not accept or receive directly
or indirectly, any money or other vslu'
able thing, from any corporation. com
pany or person, for any vote or iuhu'
ence may give or withhold, as Seua-
| tor (or Delega.e,) on any bill, resolution
or appropriation, or for any act | NAV
do or perform as. SENATOR or Delegate.
The Governor and other officers Of the
Executive department, excepting the Sec
retary OF State, are elected by the peopl,
OF the whole State, for the term OF foul
years, and the Governor is ineligible tc
said Office, for the four years next sue
ceeding the term for which he is elect
ed. He receives for his services, gal.
ary of 2700 dollars per aunnm, with
no additional emolument allowance Oh
nerouisite on spy account. He is thc
representative of the whole people o
the state, and has no one with whom
be can divide his responsibility for Off
cial acts. The Office is thus made one
to be sought only for the honor which
follows the faithful, honest and con-
sceutious discharge of high AMI re-
sponsible duties. The majority who
elec, him are responsible in one, th'
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