The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-05-13
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The Dimeulfy At the Penitentiary.
INro,,, tho ClarkkhurS Sun.


TO see that the laws are executed, and
he recommends and ordered one to be
resisted by force. 1t is true he vetoed
the law when passed BY the Legislature.
which was his constitutional right, but
It is further true that the Legislature
psssed the law over bis veto which they
had a constitutional right to DO. The
law was thus passed according to ali
the forms and requirements OF the Con-
s,itu,ion, and should be respected and
obeyed by all, unless decided by the
courts to be unconstitutional.
Was il ever contemplated that law
thus psssed should be resisted by force :?
Such a course shows clearly the i'm.
policy and danger Of the one man pow
er. If the Governor has the right 10
pullify one law he has the right to
nullify all, and thus stop the wheels OF
government The law thus resisted by
force seems to us as clearly constitu-
tional as any law that was passed by
the legislature, and we think will ap-
pear equally so to all who will read the
constitution with care and with an
honest purpose to understand the ques-
ton at Issue
The difficulty stands thus The
legislature has created Board OF Di-
rectors and Superintendent to manage
the affairs OF the Penitentiary; no such
officers or functionaries are known to
the Constitution; the legislature pre-
scribes the mode and manner OF their
appointment. The Governor claims
that under the constitution when the
Board OF Directors are thus established,
the constitution gives him the right to
nominate and by and with the advice
and consent OF the Senate 10 appoint
them. The difficulty must be settled
by the provisions Of the constitution
alone. What are they? The Sth Sec
ton of the 4th article provides that
"the Legislature in cases not provided
for in the constitution, shall prescribe
by general laws the term Of office,
powers, duties and compensation OF all
public officers and agents, and the
manner IN wLich they shaH6s elected,
appointcd and rcmored " Here is clearly
given TIE power 20 the Legislature TO
rroyide bv law that there shall be a
Board Of Directors and Superlntend-
ent to manage the affairs OF the Peni-
tertiary, and that it, the Legislature,
had the power to prescribe the man
ner in which thev should be elected,
appointed or removed" We here use
the words o. the constitution. They
are as expressive and clear as any we
might adopt. Under this grant of
power it prescribes that the said Board
and Superintendent, should be appoint
ed and removed by the Board OF Public
Works. Couid case be more clear?
But the Sth section Of the seventh
article is referred to by the Governor
and his adherents, to support his
claims and extraordinary acts in reia-
ton to said Directors aud Superinten-
dent. This section provides that The
Governor shall nominate and by and
with the advice and consent Of the Sem
ate "a majority Of all the Senators con.
curing by yeas and nays,) appoint all
officers whose offices are established by
this constitution. or shall be created 10y
law, and whose appointment or cleo
ton is not otherwise provided Ior, and
no such officers shall be appointed or
elected bv the Legislature y
These two sections of the constitu-
ton, we conceive, embrace the whole
subject, and by their provisions the
controversy must be settled. The sec
ton first referred to would seem clearly
to give the power to the Legislature to
act as it did, and we have been unable
to conceive how the section last referred
TO conflicts with or changes the provis-
ions of the first; but, on the contrary,
the latter clause Of the last section cited
in these words, land whose appoint
meut or election is not otherwise pro-
vided for" strengthens the force and
effect Of the section first re'erred to,
and shows that the Governor Is acting
in the face Of the constitution and con-
trary to its Trovisions; for the came act
that created the officers for the control
and management OF the Penitentiary,
"otherwise" provided for their appoint.
ment by the Board Of Public Works
Had the last section re eerred 10 stopped
at the word "law." in the fourth line OF
the section, there mi ght have been
some pretext for the extraordinary
course Of the Governor, but b" the
addition O the words "and whose cleo
ton or appointment is not othesSlse
provided lor," sweeps from under him
everv plausible pretext 'or his high
handed usurpatio-. The additional
words in the section restricting the
power Of the Legislature from app;int-
ing or electing any such officers shows
that the Governor was not regarded as
the power to appoint officers whose
appointment or election should be 9th
erwise provided for, that is, nominated
and by and with the advice and consent
OF the Senate appointed by the Gover-
nor.
A faint effort has been made to show
that the Board OF Public Works, who
made the appointment Of the Penlten-
itentary Board and Superintendent,
was legally constituted; but there seems
not to te the slightest reason for any
such ground. and we deem it unueces>
sary to discuss it any further. The
acts Of the Governor shows that he en-.
tertains no such OPINION. The act or
ganizng the Board he suffered to be-
come law on tie l4th OF January,
1873. without interposing any objec-
tons in the form of a veto. which pow.
er he has shown a disposition to exer-
else freely. Had he been OF opinion
that the law creating the Board OF
Public Works was unconstitutional
and void. it was his sworn duty to have