The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-07-23
ANOTHER SYLLABUS.

Penitentiary Case does not fully explain
the principles on which the deciEion was
based, q friend has handed Us the follow.
ing, which we adopt as our syllabus Of
the case:
We are not much accustomed 10 legal
investigation, but We take the liberty to
say that the opinion Of the Court Of APP
peala in the PenitentiAry Case, the sylla-
bus whereof appears ina mother column
strikes US singular one. The following
principles are fairly deducible fromit;
/. If the Constitution Of the State, in
any instance, has not prescribed by whom
particular officer Is 10 be elected or ap-
pointed, the Legislature have the absolute
and uncontrolled authority to confer the
power OF appointing him upon any officer
or board elected or appointed according
to law, except only that they cannot con.
fer such. appointing power on any court
or Judge.
2. For instance, the Legislature may
confer on the Speaker Of the House and
President Of the Senate, on the Sheriff Of
Ohio county or the Board Of Education
Of Wheeling School District, the power
to appoint directors and officers for the
Penitentiary and Insane Asylum, collsc-
tors Of tolls and superintendent Of public
roads and improvements, and any other
officers the Legislature may please, unless
the Constitution has specially provided by
whom such officers shall be elected or
appointed. The decision in North Caro-
lima that such power OF appointment
could not be conferred by the Legislature
Of that State on the Speaker and Presi-
dent, is not applicable to our Constitution;
or, II it is, it is oyerrpled. Our LegislG-
ture may do what the North Carolina
Legislature could not.
8. The Legislature may go further; for
they may confer on the Board oil Educs'
ton, Sheriff or Speaker the management
and control OF the public roads and i'm.
provements Of the State.
4. No matter what may be the proper
duties of the Office Or board TO which such
powers are annexed by act Of the Legs.
lature, the act does not confer new Office
upon tho incumbent; for 1t merely pre-
scribes the duties Of the existing office or
board, annexes new powers thereto, and
directs the manner in which the desired
appointments arc to be made, and in
which the public works are TO be man.
aged.
8. In relation 10 the power oil the Leg
islature to designate the persons who are to
ill offices, the former constitutions OF Viz.
ginia and West Virginia are in substance,
though not in form, the same as the pres
ent one, and therefore tho practice under
these former constitutions is decisive in
respect to the meaning and effect of the
constitution Of 1879. aap.'.
@. Though our constitution provides
that the Executive Department shall con-
slst of a Governor, Secretary Of State,
&C., yet, in prescribing the duties OF this
department, the Legislature may provide
that the Secretary Of State, or any one or
more Of the others, shall have nothing to
do with these duties. 8r
Z. And, though It requires the chief
executive power to be vested in the Gov
ernor, yet when the Governor is refrac-
tory, the Legislature may provide that he
shall have the filth part only Of the exec.
utive power, and that the other four.
fG(hs shall DO vested In such OF the subor.
dinate officers Of the Executive Depart.
ment as may best subserve the designs Of
the Legislature. ,,...y.