The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-03-17
WEST VIRGINIA LEGIsLATURE'
TUESDAY, March IL.

In the Nendtc On 1ueeuny tuo
etitute :or Senate bill No 69,concernin
the charges to be made by rall~a,,
com panles for the transportation ol
passengers asd freight was under con
sidrralion on it's second reading and
was vsriouslv amended,
Mr.. Sherrard offered the follo"irg
which. upon his motion was laid upon
the table:
"WHERsAs, 1t is provided by the 9Th
section O, the 7th article Of the Constl-
tuition that the Governor shall nomi.
nate, and by and with the advice and
consent of the Senate a majority OF all
the Senators elected concurring by yeas
and nays,) appoint all officers whole
Offices are established by the Constitu
ton, or shall be created by law. and
whose appointment or election is not
otherwise provided for; aud no such
officer shall be appointed or elected by
the Legislature; aud
"WHEREAs, The section OF the 1th
article OF the Constitution further
provides, neither the Governor, State
Superintendent Of Free Schools, Audi.
tor, Treasurer nor Attorney General
shall hold any other Office during the
term OF his service; and
WHEREAS, By an act Of the Legls-
lature parsed on he-day Of Deem
ber, 1872, it was provided that the
Governor, Auditor. Treasurer, Superin
tendent OF Free Schools and Attorney
General shall be and continue, a corpo'
ration under the style OF the Board Of
Public Works. and
"DoUBrs having arisen in regard to
said act, as to whether the Legislature
has the authority under the last clause
OF the 9th section ofsrticle 7, to appoint
the officers named in said act, to fill the
office created thereby; and further, even
it the Legislature were not prohibited
from making the said appointments
whether the officers named are not lne-
lisible to said office by reason OF the
provision contaired in the 4 h section
OF the 7lh r,icle oresaid, and other
doubts having arisen as to whether the
said act does not make the creation ofthe
office oftne Board OF Public Works, de-
penden, on the appointment made by the
Legislature to fill the said Office, 30 that
if the officers named in said actare incl
igible by reason OF the provision con-
tsinei 10 the 4th section OF the 7th arti'
Gle; or if they have been improperly
appointed by the Legislature on &C
count of the prohibition contained In
the 9Th section Of article 7. the office
itself will fail.
And. as it is desirable, If the doubts
aforesaid are well founded, that the
Legislature shall, by proper legislation,
create the office OF Board OF Public
W orks, and provide for filling the same
10 a manner not inconslstant with the
Constitution, be it therefore
Resolved. That the subject be referred
to the Committee on the Judiciary TO
inquire and report,
let, Whether the appointment of the
officers named by the Legislature in lts
ACT before recited, is constitutional and
valid.
81, Whether or not the officers
named are eligible to the office oi
Board OF Public Works under the Con-
slitullon.
3D., Whether or not the said office
now exists in the State.
And the said committee shall provide
by bill or otherwise for the emergencies
embraced in the foregoing preamble
and resolutions"
Senate Bill l22, concerning the fees
OF officers, came up on a number of
House amendments thereto, and all
were coucurred in. The principal ot
these amendments were, providing that
justices shall be entitled 10 the same
fees tor services not otherwise provided
for, as the clerk OF the County Court ;
and that the Sheriff and Clerks oil
the County and Circuit Courts shall be
entitled TO at least 5000 per annum out
OF the county treasury, instead oil $lOO,
Tor public services. This bill is now
thous ht to DO justice to the rights ol
the county and district officers, and the
great diseatis action that mas been ex-
pressed 10 the chamber aud in the
State at large, as evidenced by the nu-
merous petitions tina: have been recelv~
ed upon the subject, will be allsyed.
In the House OF Delegates. Mr.. Dea.
ver Jr., from The committee on HUI
name Institutions, etc, submitted q
minority report on the House bill reier.
ng 10 the completion OF the Insane
Asylum at Weston, recommending thai
II do not pass, for the reason that it put.
il beyond the control Of the next Leg 8.
lature to supply any defect in the appro
priatlons contemplated for the construc'
ton aud completion OF the came and
that the minority regard it as bad pol
icy Tor State to legislste too far in ad'
vance on any question.
The Senate hill TO provide for public
printing and binding and Tor supplying
stationery and printing paper Tor State
use being under consideration, various
sm endmeuts we're offered and adopted
The yeas s.d nays being called on the
4th amendment Mr.. Reynolds. OF Ma
son, when his name WAS called voted
no. When the name OF Mr.. Shirley, ol
Jefferson, was reached and called, thai
gentleman not being in his seat, Mr.
Reynolds responded to the name, and
again voted no.
The Speaker said: "The chair would
remind the gel tlemsn from Mason thai
the gentleman from Jefferson is cot lu
his seat aud that another cannot be
permitted to cast his vote Should the
gentleman from Mason repeat his at,
tempt the Chair will be compelled tc
order him under arrest The Clerk viii
omit from the tally, the vote recorded
rs having been cast by the gentleman
from Jefferson"
Mr.. Reynolds said: Mr. Speaker, j
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