The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-05-12
ataleeIiN!G s':alstrv.
THE APPOINTING POWER.
what Is the Meaning OF f,io sih SEQ
tian of the 7th Article Ofthe Con.
.tffnfi0n2

What Is the Meaning Of fhc sih Sc 6
tian Of the 7th Article ofthe Con.
sfitution
WESTON, Jarfary !. 1873.
Estors vi tie Register.
The Sih Section reads The Governor
shall nominate and by and with the ad'
rss and consent OF the Senate, "a
majority o. all the Senators elected con-
curling ty yeas and nays) appoint all
officers whose Offices are established by
this Constitution, or shall be created by
Ia,o, and ,ohoss oppoinmsr Or election is
not otheruis5 preceded for ;and no such
ctficer shall be elected or appointed by
the Legislature" The true intent and
meaning OF the words have ltalicisea
seems to be troubling the minds Of some
persons. The words "or shaH6 created
By laV" clearly refers to officers hereafter
created; and not to existing officers. But
the meaning OF the words "dnd arhoss
aDDoatmsnt or election IS no! otherwise
pr0uiHsI f6r,' is not so clear. To con-
strue the words correctly and get at
their trne intent and meaning, we have
only to look 10 other parts OF the Con-
stitution. The Constitution establishes
al executive department. to consist OF a
Governor, Secretary OF State, Auditor,
Treasurer and Attorney General. 1t
prescribes that each Of these Of
ti,ers, except the Secretary of
State shall he elected by The peo
pie. The Secretary of State is an Of
hCer, whose Office is established by the
Constitution. "and whose appointment
il not provided fer" in the Constitution.
except hy the S;h section. He is not
s'sctsd by the people, and, there 'ore, the
Governor, in case of his death or resig-
nation, may fiji the vacancy during the
recess OF the Senate by authority Of the
9Th section OF same article. The 9th
section reads: 'In case of a vacancy
luring the recess Of the Senate in any
Office which is not elective, the Cover
nor shall, by appointment, fill such va.
raacy, until the next meeting OF the
Senate, whea he shall make nomina.
ion for such Office, a,d the person 60
nOminated, when confirmed by the
SeRate "a majority Of all the Senators
elected concurring by yeas and nays),
hall hold his Office during the remain
der Of the term. and until his successor
hall be elected and qualified. No per-
son, after being rejected by the Senate,
shall be agaia nominated for the same
once, during the same session, unless'
a he request q tbe Senate; nor shall
such persos be appointed to the same
oiR e, during the recess OF the Senate.
Rui how about the State Superintendent
OF Free Schools. Auditor, Treasurer and
A~ornev General? They are officers,
whose Offices are established 10y the
Constitution, and made elective by the
people. Ifsith er OF them should die
or resign, tlk Governor would have no
power TO make an appointment under
the : h section, or to fill the vacancy
according to the 9th section; because
his ''appoinlmem is otherwise provi-
del for" in the Constitution.
Secti"n l. of article I provides.
"Ii tie Office Of Auditor, Treasurer,
State Superintendent of Free Schools or
Attorney General shall become vacant
ty death, resignation or otherwise, II
shall lie the dNty Of the GopGrnor 10 I'll
he ,I'as by oPpoia'mert, and the ap-
yOinlrr shall hold hi. office until his
>arre. .or shall be elected and qualified
IA sUra q manner as may be prescribed
hy Law This section, taken in connec-
ton wish the Sth and 9th sections OF
the same article, explains TO my mind
very clearly the meaning Of the words
"aul ri,oss appointment or election IS not
otto, .:st oyovicLsd for y 1t is to be OBJ
sery.i that the dppoikasHt OF the Sec
rear, of State is not provided for (out.
Sie o! this Sth section) in the ConstitN.
~ But for Auditor ~ IS otRcrtc1Se
2ns3k for in the Constitution, and
tie Stnate can take no control in the
nR'srr o' the Governor appointment,
OF it, filling the appointment IN the
ga. rt}'ce OF Auditor; nor can the
legislature take away this right from
t.. Governor. 1t is one OF those
wis mutations of the Constitution
rAcvl upon the authority OF the Legis-
'burr % as to keep the three co-ordl-
r.ir nsanches OF the Government at
,sr'~ 18th and prevent either from
,l,.a,'ing upon the powers OF the
other And ae for the words, or shall
= cr.'e{ jy tar, allow me 10 explain
p,-lr ,.eAning. by way OF Illustration.
SOrF'-e the Legislature should create
b. Iic (as IL may of right dog an office
ut lahl'c improvements to be filled by
AL Ollie, :called the State Commissioner
Of Puhl'c Improvements, and provide
'or his election hy the people, aud IN
C,sr "' his death, resignation or re-
m.Nal, author re the Attorney Gen
s'sl t. I'll the vacancy, in this case the
G1verur. and the Senate would have
hothaa - do in the appointment or IN
hIng IN" vacancy; because it is otheypiSe
provided or. Authority could be gwen
IL This CHlnmissione 9 Of Public lm-
provence ID appoint a Board OF
Director! 10? the PenitentiaIy, with the
same power they now have, and COLI
lectors o' Tolls and Superintendent OF
RosN, 4, None of them Gf even
o!fcsrs) Md come under the Sth sec.
to-. hsc.r'a their eppointm ents would
tp otherwise provided for by la'0. Hence
from th- i.,egoing reasoning we have
lhc i,'i"v;,g conclusions Wherever
lro.,=ion ! made in the Constitution
Ior the election OF an officer by the
people, a,i vacancy in that office ie
required 20 'e filled by the Governor, or
any o,hec issignatei officer, such as
IitcHi' j. 'se, who is authorized 10
make Al appointment and Ell vacan-
cy in ,Sr o!iice Of Circuit Court Clerk.
;bE ~. ..;,n Joas mot apn1v IN the