The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-07-21

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every section and clause. II different
portions seem TO conflict, the court must
harmonize them if practicable, aud
lean In favor OF construction which
will render every word operative, rather
than one which may make some idle
and uugatory. This rule is especially
applicable to written constitutions ia
which the people will be presumed 70
have expressed themselves in careful
and measured terms, corresponding
with the immense importance Of the
powers delegated. leaving as little q,
possible to implication. II ia scarcely
conceivable that q case can rise where
q court would be justifsble in declaring
any portion OF written constitution
nugstory because OF ambiguity. One
part may quality another so as to re-
strict its operations, or spply ii other.
wise than the natural construction
would require il it stood by itself: but
one part Is not 10 be allowed to defeat
another il BY any reasonable construc-
ton the two can be made to stand to-
gether"
1t is argued BY the counsel for the de-
iepdsnt that If the act o. the lilh o.
January, 1873, is no; unconstitutional
because it does no! appoint the Cover.
nor and the other executive officers
therein named to different office, and
because il does not III anv fact and sub.
stance appoint 10 aay Office, bat only
prescribes powers, aui duties O! the
Governor and the other officers OF the
executive department then il i, con-
tended that the said act Of the l't day
OF April, 1879, o. rather section ; Of
said act, which reads rs follows "rhe
Board OF Public Works shalt, on the
18th day of April, in the yca- 1873, aud
every two years thereafter appoint Su.
Of the Penltenusry vt
Mouudsville, e,whose term OF service shall
begin on the frat dsv OF May next after
his appointment" is unconstitutional
because under the Sth section, OF the
1th article OF the constitution, the leg
islature cannot by law confer the power
10 appoint to Office upon the Bosri
Of Public Works. In order TO proper
OF the Sth section OF said
Ith article, it is proper 10 read together
with it, and Immediately after il, the
Sth section OF the 4,h article and then
the latter clause OF the let section OF
the 7th article and also the 30 section
Of the 9th article.
II under the Sth section oi'articIe |.
the legislature cannot confer the power
Of appointment 10 Office upon either
Or all together Of the officers oi the
Executive Department, then we think
that it is not within the power Of the
legislature 10 prn-''c 'or IN" filling OF
an Office whirI - ar NJ. - created by
Iaw by election BY the voters. Tue con.
',ruction Of this section which prohibits
The one must prohibi. the other. This
section plainly recognizes authority in
The legislature 20 create Offices by law.
hat is to say offices unknown n the
and il such authority vas
not recognized IN the Constitution, ~
We have seen, the Legislature would
possess the power unless inhibited
herein by the Constitution. The Con
creates y number Of Office,
Ind it provides how they shall be fillci
With scarcely m exception, and u IL not
low recollected that but one OF these
,ilices is authorized to be filled by the
Governor by and with the advice and
consent ofthe Senate, and that 10 the
,flice Of Secretary OF State. n this
node OF appointment had been the
elected fsvorlte mole OF appointment
o Office with the trainers Of the Con-tl-
ution, It seems TO us that they woIA
lsve provided for the filing OF more ~
he constitutional offices IN the
ame way. Yet they Jii MOI
10 30. IL will b. observed that
bis section, and no other part OF the
confers upon the Cover
,or the power oi original appointment
o Office. The only power Of originsl
10 office conferred upon
he Governor ia that he shall nomi.
late. and by and with the consent OF
be Senate . majority OF all the Sens
ora elected concurring by yeas and
Isys) appoint sll officers whose Offices
re established by this Constitution, or
hall he enacted by Law, and whose a.
continent or election is not otheruise
provided for, and no such officer shall
,e appointed by the legislature. It's
ute clear that II by reason OF this sec
ion the legislature cannot confer upon
il the officers OF the eKexcutive de-
'artmen, by law the power al appoint.
nent 70 Office, ii cannot confer the
'ower upon the Governor alone. II
he power W fill all Offices was was in
ended by the trainers Of the Constitu-
ion TO be confined 10 the siogle mots
4 appointment pointed out in this acc.
ion when not otherwise provided for 10
he Constitution. why did they at the
onclusion OF the section add these
'ords, "snd no such officer shall be sp
'ointed by the Legislature" Such q
ifsuch was the purpose VA
I'D 10 wholly unnecessary snd mean
ngless. Again i, may be well asked
Thy did the trainers OF the Constitu-
ion insert the 4OIh section OF the 9th
rticle in the Constitution which reads
hus, "tbe Legislature shall NOT con-
er upon any cour! or Judge the power
4 appointment 70 Office further than
he same is herein provided for" With
be construction sioresaid OF said slh
ection OF article 7 ihis ,eciion was and
3 also Dugstory and meaningless.
gain, IL the construction contsndsd
,boye indicated for j. correct,
hen ~ much Of the S.h
ectiou OF the Ala article 90 requires the
egislsture CAGES not provided TOR in the
70 prescribe by general
svs the manner 10 which all public |
fiicers sbsll be elected or appointed !;
vas also unnece.aafy and m,aaio1i.sz