The democrat. [volume] (Weston, W. Va.) 1868-1874, 1873-07-21

tho same separation Of powers aud the
same inhibitionS, aud the Governor
was iueupacitated from holding any
other Office. HO is yet made cOmman-
der in chief of tho military forces Of
the State. An nc. Of December 10,
1868, makes the Governor aad Others
a corporation under the name Of the
Board Of the School Fund, and sn act
Of the same Legislature constituted the
Governor and other officers corpora.
ton by the name u the Board Of Pub.
lie Works. An act Of October 8,
1868, makes the Governor tho agen.
Of the State concerning the scrip re-
csiyed for tho bcnea. Of mechanic arts
aud agriculture. AT tue revival and
codifyiug of laws in 1868, the Cover.
nor and other officers were continued
corporation under the name Of the
Board Of Public Works, and by
As Chspter Of tho Code the
Governor and other sfiiCers were
made a corporation under tho
name Of tho Board Of the school fund,
Of which the Governor was to he Presi.
dent.
Tho principle Of the foregoing acts
and numerous others Of similar Charac.
ter that might DO cited. is fully sus.
tanned by the decisions VI the Supreme
Cour. Of Massachusetts, aud the Su.
prcmo Court OF Appeals Of Virginia.
The Legislature of Massachusetts,
conferred civil jurisdiction on the Jus.
tices Of the Police Court Of BOsten, a
court Of criminal Jurisdiction only, and
directed them to hold court for civil
pleas under different name for the
county of SuFolk. The act was held
clearly constitutional, as not creating q
new Office ur officers, but Us simply
comforting new duties upon IN office
and officers already existing. An act
Of the Virginia assembly Of March 81,
1913, provided for a special Court Of
Appeals to be held by tho Eve senior
Circuit Court Ju]gOs, with additional
compensation Of ten dollars a day to
each Judge. This was held to be
clearly within tie constitutional com
Potency Of the Legislature as not erea.
ting new office or additional judges,
but simply as imposing new duties
upou Judges already in Office.
II the Legislature has power to act,
tho Judiciary cannot coutro! the man
nor Of its exercise.
The Constitution Of 1872 contain
the same separation between tue three
branches of the State goyernmen. and
tOrbids the exercise by OitLer of sh.
powers Of the oilers. aud inhiLits thu
exercise by airy person Of the powers
Of more than one Of these department.
at the same time. Neither the Cover.
nor. State Superintendent Of Ere.
Schools, Auditor. Treasurer nor AT.
tornoy General is authorized to hold
any other Office during his term Of SER
vice. And yet the Governor is made
Commander in Chief Of tho military
forces Of the State, and tho Attorney
General is ex.oiIicio Reporter Of tic
Court of Appeals. The Governor,
Superintendent Of Preo Schools, Au.
di,Or and Treasurer are also made by
the constitution the Board Of The
School Fund. It may thus be seen
that the constitution Of l7T2, sanctions
aud recognizes the distinction between
creating an Office and imposing new
duties upon an Office already created.
Applying these principles TO tho pres.
ent ease, ii may be readily shown that
the Legislature did not exceed its con-
sti,utiOnal authority BY the creation or
continuance Of the present Board Of
Public Works and that the acts Of this
Board are clearly warranted BY law.