The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-07-28
rhn pnnItenIiarH DecisIon.

To the Editors OF the lhteulReneeE:
We have read with pain and mortihca'
tiOn the decision Of the Court Of Appeals
in the case OF Bridges rJ. ShallCross. The
literal and torgiUing people OF this State
expected better things Of that Court. we
arc constrained 10 say the decision IS
wholly partisan and erroneous The SIN
and 9th sections OF article VII OF the Con,
stltution arc completely paralyzed ana
rendered nugatory by the judgment OF
this Court. The Legislature may now
create as many offices as itpleascs, ana III
them with members Of their own OOuy'
Hire members Of the Legislature arc now
Directors Of the Hospital for the insane
Bridges himself, q member Of tho LegislG'
iurc Ia now Superintendent OF the RENT
icntiarv lie. OF course, will hold both
offices. Other members OF the Legs
lalurr are Directors OF the James
River and Kanawha improvement, and
other directors and officers of the other
institutions OF the State. The Governor,
who is made the CHIEF executive officer
of the State by the constitution, is now
made mere tlgure.head. The subordl'
nate officers Of tho executive department
Of the government are made chiefs, and
have conferred upon them the whole
power Of appointment.
Tho court erred in allowing the counsel
for Bridges TO mislead them by the de-
cision oil Sharkc pS. Robertson, in Graf
tan. That case only decided that Judges
already elected might be required to per.
form additional judIcIaI duties, germdIn
and conS0nant with their offices. They
were not required, as the Auditor, &c., Of
our State, to perform duties disconnected
with their Offices, and never thought Of
by the people when they elected them.
The people, by this decision, are
denied tho right to elect any officer
whose olliCe-is created by the Leg
islaluIu. Judge IIaymUn0, WIN DC.
liVercd the opinion Of the court, and
which is nothing more nor less than re-
hash OF the argument Of the counsel for
Bridges, is mistaken when he says the 9Th
section and 7th article alone, and only, au'
thorizes the Governor TO appoint the Sec
rotary Of State by and with the advice
and consent Of the Senate. The latter
clause Of section 3, article Z, reads: THE
Secretary Of State shall be appointed by
the Governor by and with the advice and
consent of the Senate, and shall hold his
office for the Gubernatorisl term" Hence
the Sth and 9th sections Of article Z,
which must be read and taken together,
are now rcnueFeG llIeiess anu m may C Hcau
branches OF Inc Conslitulion' Inc GouEt
says "atter great dcllDer9tion thGy nave
come 10 tue conclusion lnat !Hc 9'n sec
ton and AIN AFtlcle aulnofiZS l1e hts'sin,
ture to create an ONCE ana 1G H NM Shc
agent or person VINO may III II; Ln!s
we admit with TINS CONSTITUTIONAL quAlin'
cation. The Legislature may, under TINS
Slh section, create IN Office and designate
that ilmaY beillled by election by the peo'
pie, or if not by the people, that then il
may be filled 6v the Governor by and
with tue advice ana consent Of The Sen
ate; and tbs, are maintain, is tie only con.
Stitutt0naI lody Of filling offices in this State.
Any other mode than this, such as filling
office byAppOintmcnt OF Board OF Public
Works or other body, is an evasion Of the
Constitution and perversOn OF its true
meaning. The criticism attempted by the
Court Of the latter part OF the defendants
construction OF section 8 Of article is
wholly lallacious and partisan. We ad'
nit that Governor Jacob erred in adding
10 the constitutional words mot otherwise
provided for" Cthe wordSI in mts ConStE'
tuition; and, by such construction, claim
ing the sole right to appoint, with the ap:.
proval Of the Senate, all officers created
by act OF the Legislature. Because this
construction would deny to the people the
right to fill any office by election, created
by the Legislature. But read it rs II
righuuily should be read, and not
Otherwise PROVIDED i0E IN mo Con
stItutlon, or 6y act OF tne LeglsiatuIe, 10
when inc ONCE Is uFcCleG 10 DC nIleu'
by election Gy Mc lFCPte' ana lheFe Is no
troupe or dillcuity IN inc way 10 mar
monlZine all ana every sectlon OF the
constitution. Every imO anu arm .ol
the constitution wo1Ia thcn perform us
appropriate oillcc. lhere would DC no
dead branches or paralysis OF any OF ls
vital parts. All would Work IN harmony
anu well E'etyuepaiIu!ent VI tIc SVYcta.
ment would be kept in It's own legitimate
sphere, and there would be no cncroach'
ment by the one upon the rights or pow
era Of the other; and the Legislature
would then be prohibited from appointing