The democrat. [volume] (Weston, W. Va.) 1868-1874, 1873-05-19
THE AppoIy rug POWER.
" hat Is the Meaning ofIhe sth sSc'
ton OF the 7ih Article Of the
Constitution

COn'titatiOn
From The wheeling Register.
On the lih Of last January We pub
lishvd au argument written By William
L. Arnold, Esq ofWeston, relative to
the appointing power conferred by the
Constitution upon the Governor. The
object of the argument at IhaJtime was
to show that tho Legislature might pro.
vide by law for tue appointment, of va
riols officers, such us Neiarics Public
for instance, without requiring such
appointments 20 be confirmed by the
Senate. According 10 the Eighth Sec.
tim Of Article Seven Of the COnstiIu-
non all officers whose appointment ur
election is not otherwise provided for"
are to be appointed by tie Governor.
by aud with the consent ofthe Senate,
but Mr. Arnold showed conclusiyrly
that the Legislature might provide by
llw for appointment in certain cases
where the consent Of tue Senate would
not be necessary.
Taking the view orthC question that
Mr. Arnold sets forth, tho Legislature
has provided for the appointment Of No.
tarics Public by the Governor without
suhjcctiug such appointments to couIir.
nation. and Governor Jacob has accord.
iugly appointed many Of these officers,
even duflug tic session of the l.egi,la'
turc, and has not thought 1t necessary
to apply to them that Interpretation Of
the Constitution which he Insists upon
in other similar cases lie has thus, in
these instances, recognized that power
of the Legislature to provide by Law
for the appointment Of UlIieers, which,
in the case Of Directors aud SuPsriu.
.endcnt of tho Psniteutiary, he SO en-.
phatically denies.
But Mr.. ArnOlis argument goes far.
ther aud lourhp, the identical question
now in controversy between the Cover.
nor aud the Legislature. We therefore
repuJli,h it this morning for the sake
Of bringing afrrih before our rcader'
tue argument ndluccd nearly five
months ago in support of the authority
ofthc Legislature to provide by laS the
manner Gy which the various Offices ere
,ted by law may be filed. Tue argu-
mcnt derives additional force from tic
Iaet that Mr.. Arnold was then aud il
nos a warm admircr Of G oysrnor Jacob.
having, us We arc informed, voted for
him la.t August, aud being now di.pos.
cd to support him in everything he does
10 accordance with law lie shows very
clearly in the article which We publish
herewith TIM, the Legislature has full
authority 10 provide for tic appoint.
ment Of a Board Of Directors fer the
Pcnitentiury, aud That in resisting this
I authority tho Governor has been guilty
Of grave violation Of law.
WESTON, January /, 1878
Editors HtgidCr;
The Sth Section reads 1.-THE Cover.
nor shall nominate aud By aud with the
advice and consent Of lhr Senate, Ia
mpjority Of all the Senators elected con.
CURING by yeas aud aays) appoint all
officers whose Offices are established by
this Constitution, or shall Je GRATED By
tar, and l7LOJs 0ppOin!meR ar election
IS no, o,irrise lroriicd for; aud no
such officer shall be elected or appointed
by tn. Legi.liturc." The true intent
and ueaning Of tue words have iIali.
cised seems to be troubling the minds
vC some persons The words "or shall
he rr,aied LyLI07 clearly refers 10 eff
GERS kerrIHer created aud not to en-.
sting Officers l'ut the meaning Of tue
words ''dad rhtse oppoiR'meHt Or dec.
ton is not o,heririse preceded tor," is
not so clear. To construa the words
correctly aud got ut their true intent
aud meaning, we have only to look to
other parts Of tue Constitution The
| Constitution establishes on executive
department, to consist Of n Governor,
Secretary Of State, Auditor, Treasurer
sud Attorney General 1t prescribss
that each these officers, except the
Secretary ofS,nlc. shall 10 elected BY
the people. The Secretary Of State is
an officer, whose office !, established by
the Constitution, land whose appoint.
mcut is not provided for" in he Con.
sIiuiicn, except by the Slh section
lie is not ciecttd by the people, and
therefore, the Governor, in case Of bic
death or resignation, may ill the va.
cancy during the recess of tue SenstO
BY authority Of the Sih section Of same
article. The 9th section reads: "lu
ease of vacancy during the recess Of
the Senate IN amy Office which is not
elective, the Governor shall, by up.
pvinimrui, GIL such vacancy, until the
next meeting Vi the Senate, when lie
SHALL make nomination Tor such Office,
aud the person so nominated. when
confirmed By the Senate, "a najoriiy OF
all the Senators elected concurring By
yeas mud nuy,,) ,hall hold lis office
during the remainder Of the term, and
until lis successor shall be elected aud
qualified. No person, after being &c.
jtctcd By tho Senate, shall be agnin
Nominated lor Tie same Office, during
the same SESSION, unless At the request
II the Senate; nor shall such person
bo appointed to the same Office, during
the fecass Of tue scuale." Hut how