The democrat. [volume] (Weston, W. Va.) 1868-1874, 1873-07-28

ion tb.reof-that The said act Of the
l4iL of January, 1873. when properly
viewed, and its object aud substance,
and not The mere shadow, is we'll uu-
ierstaod, docs not in fact operate an
! appointment Of the governor, aud tho
other officers therein referred TO. to an'
other or differe ut Office, bu. in substance
to prescribing the powers and duties Of
the governor aud said other executive
officers to DO by them performed as con-
stitutioual officers Of the executive de-
partmout Of tho government, to which
they we're or may DO elected. This tbs
legislature bad full power to do under
The provisions Of the S,h section Of tho
4th article Of the constitution, aud also
the last clause Of the lSt section Of tho
7th article thereof when read and con-
sidered with sec. s, art 0. aud sec. 40.
art. @, as il seems to US. 1t now re.
mains for Us to determine whether said
| acts mentioned ia The return Of the de-
feuialt to the writ Of mapdamuS nisi
or either Of them 50 far as directly aud
necessarily involved in this case are in'
valid sAd null aud void because contra
rant to tho said 9th sOc,ion Of the Tth
arliolo Of tho constitution. Many Of
The principles va have announced and
authorities we have citOd heretofore ap-
ply with point and force here. 10
COoley's con lin, p 57.5S, We fud
these principles announced as applica.
bio in the construction Of state constit.
u,ions, "oyory such instrument is
adopted as whole, and a clause which
standing BY itself might seen ofdoubt.
full import. may DO made plain by COM
parison with other clauses Of the Same
law. It Is therefore a rule Of eoustruc-
ton that the whole is to bo examined
With view to arriving at true inten-
ton Of each part, and this Sir Edward
Coke regards the NEST natural and gen.
uinO method Of Oxpouudiug statute.
III any section (Of Ia W DO intricate.
obscure or doubtful, the proper mode Of
discerning its true meaning is by COM
pairing it With the other sections, and
ending GU. the sense OF one clause by
the words or obvious iutent Of another"
And III making this comparison lis
not to DO supposed that any words have
been employed withou. occasion or
without inten. that they should have
effect as a part of tho Law. The rule
applicable here Is, that effect is to DO
given, IL possible to the whole instras
meut. and to every section nni clause,
4 II different portions seen, to eoafict, the
court mus. harmonic them il practics.
bic, aud lean in favor Of construction
which will render every word operative
rather than one which may make some
idle and nugatory. This RULES eSpSc.
ially applicable to written cspsitutiOns
10 which the people will DO presumed
to have expressed themselves 10 careful
and measured terms, corresponding with
the immense importance Of the powers
delegated, leaving as little as possible
TO implication. Ills scarcely concsiv.
able that 4 case eau rise where a court
would be jusii6able in declaring any
portion Of . written constitution nuga.
tory because Of ambiguity. One part
may qualify another 50 ai to restrict it's
operations; or SrPly !! Otherwise Than
!ile natural construction would require
u s'o9d oy itseli cut one parts not
TO Dc allowed 10 defeat another u by
any reasonable construction the two
can 90 naae 70 stand together.
IT'S argued oy the counsel tor the dc:
iendaut mat y inc act Of the l4lh Of
January isIS' Is not unconstitutional
because II does not appoint The governor
AVID The other executive othecrs therein
nsaied TO a different ONCE aud because
II aoes not IN any Iaet anu substance APP
point 10 any once oas only prescribes
powers ani duties Of tue governor and
Tue O'npt ohscfs o. lno executive &c.
pat.hea.' 'hen !: Is eOn,eoaea mat ,sl tho
ia'u az. Of 'no is' Gay Of april lS,S'
OF t"nef , ,S : o. saia ast, which
reaIs as , lSI''ws -, ne, ne BOARD o. public
w0, ~, snall' 90 s7s we LOU Gay Of April.
~ .ne yea. 1910. anu every Two years
thereafter sPPolns soPc5intsndenl OF
.ns Psa ~ a !. II p whose
iet.n t 2, service saall eesin on toe hri,
a' y, s,,y a.ts e t W. apPointmont,
s,t s. .So,iSn wy, ~, gsO. .;. unaet Tue
oth section OF TIE Itu article OF The con.