The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-06-28


fee by appointment It lrancended its pow
ers, and came In collision with this con-
siitutional prohibition. p
AGAIN The act creating the Board oil
PnbIic Works Is Unconstitutional, because
II imnosed on the Governor, Auditor,
TreaslJrer. Superintendent Of Schools and
Attorney General or some Of them at least,
dutIcs which are inconsistent with the
other and regular duties Of their res.
pectiVc ofiiCes.r The several offices
Of Governor, Auditor &c, were created
by the Constitution, and they were Great.
cd for special purpose, and Tor aspecidC
object Thus the offices nj Auditor and
Treasurer were created with special refer.
ence to the finances OF the State, and that
OF Superintendent Of Schools was created
with reference TO the wise administration
of the school law, and the duties Of the
Attorney General we're also designed to
be OF kind pertinent TO that office,
While it Is admitted that the Legislature
may impose other reasonable duties on an
officer which are pertinent TO the office
which he holds, yet II has no authority to
add 10 an office, especially one which
owes its creation. TO the Constitution,
duties which do not! naturally belong to
the office. II il were Otherwise, the Leg
iSlature could so overburden an office
with duties and responsibilities as to
destroy It or TO make 1t impossi-
bic for any officer. to perform its
duties, and thereby virtually abolish It.
And thus the Legislature, by indirec-
ton, would have the entire control Of all
offices, even those Of constitutional crea'
ton.
The principle contended for above is
illustrated by the case Of the State VS.
Bruwst 90, Wis. 412, (Cited in 7 Am, Il.
81 A Law was passed by the Wiscon-
sin Legislature directing the Sheriff OF
Milwaukee county 10 turn over TO the In,
spector Of the House Of Correction Of that
county oil The prisoners confined IN the
Jail Of said county, together With all WRIT,
process, and other papers belonging to
the office Of Sheriff which pertsined TO
said prisoners. The Sheriff refused to
comply with this law, and mandamus
was applied Tor TO compel his obedience.
The Court In delivering It's judgment said,
"The office OF Sheriff Is q constitutional
Office. 1t Is true that the constitution
nowhere defines what rights, duties, and
powers shall attach to the Office Of Sheriff;
bnt there tan be no doubt that the
trainers Of the constitution had reference
to the Office with those generally recog-
nized legal duties and functions belonging
to il, In this country. It seems to US I'M
reasonable that the Legislature may de-
tAch from the office its duties and |
functions and transfer those duties to |
another officer" Would it not be
just as dangerous and unreasonable
10 permit the Legislature to add
10 its own discretion-other duties |
not directly pertaining to It, TO an office
which was created by the Constitution,
and which was established to perform |
certain specific duties and functions. Who
can tell how long it would be under the
right claimed by the other side to impose
any additional duties Of an executive
character upon the executive officers Of
the State,) before the head Of the Free
School System of the State, would be re-
quired TO devote his entire time and atten'
ton TO the important subject OF regulat-
ing the tolls on the National Road in this
State; or the Auditor become more eX.
ercised about the appointment Of the OIL
ficers OF our public institutions, than he
Is about our finances? For the reasons
above l mention that the Board
Of Public Works as at present organized,
is an illegal and unconstitutional body,
and that their appointment Of Bridges TO
,I,n oO1on oe Observation-Disclosures nj tho pnnt.
tertiary, did not confer on him any right
or title to the office. ~ ~ :
But the attempt to usurp the power Of
In this instance, Is unconsti-
tutionsl upon another ground. 1t takes
from the Governor a power which belongs
10 him oil right, and which Is vested in
him by the Constitution; and which
he alone has the right TO exercise.
The Sth section Of tho 9TH article declares
that "the Governor shall nominate, and by
and with the advice and consent OF the
Senate IA majority Of all the Senators cleo.
ted 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"
This Is d new provision not 10 be lound
10 the former Constitution Of this State;
and 1t was intended TO confer very
broad and general power Of appointment
upon the Governor. That this Is lair |
and proper construction 10 be given 10
this section will be apparent from COM
parIson of the former and present Consti-
buttons on the subject Of appointments to
office. The old Constitution did not con.
fer the power OF appointment, as an Origi'
nal act, upon the Governor, except In one
specific case. he was authorized to ap-
point the, military o6icers -oi tho State
above the grade Of Colonel, and p make
appointments TO vacancies dur.
Ing the recess Of the Legislature Be-
yOnd this tho Constitution did not,
BY It's own terms, confer any pow.
er 10 make appointments upon the
Governor. When tho 9Th section was
put 10 the present Constitution, II
Is reasonable to presume that the Tram.
ers of that instrument intended 10 make a
change in sthe1 subject Of appointments.
What was that change to beS Evidently
Il was TO confer tho appointing power
by the terms Oefha Constitution Itself on |
tic Governor, who did not posses that
power before as 0 constitutional right,
under the Constitution. I Rppreheud |
that the Legislature had the rlght 10 pre-.
scribe the person or body by whom the
the appointment or election, Of an officer
should be made. This was right which
the Legislature possessed in the absence
Of any constitutional prohibition on The
subject. But by the new provision 1t
was intended to withdraw the power Of
from the control Of the Leg.
where 1t formerly belonged, and