The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-06-28

pn.s 1ilustrs'sS es y w. sns (cited in ! Am. R.
Br1nse, 70 WE jassed by the Wiscon-
. o. a ,r Jaw Erecting the Sheriff Of
SIN Leglsia'unty to turn over to the
Mlwaukee Se House OF Correction ol
inspecso. aa. all the persons contained
!nst ccuad said county, together with
IN tne process and other papers, be-
It al WHY 70 the office of Sheriff, which
/ longleed to said prisoners. The Sher.
y Pc Used to comply with this law, and
y III uIndsmus was applied for to compel
Ie obedience. The Court in delivering
le Judgment said: "Tbe office OF Sher-
.e f ia a constitutional Office,
', Il 1t is true that the
constitution no where defines what
rights, duties and powers shall attach
to the office of sheriff; but there can be
| no doubt that the trainers ofthe consti-
stitution had reference to the office
with those generally recognized legal
duties and functions belonging to 1t, In
this county. Itseems to us unreasona-
BILE that the legislature may detatch
from the office its duties and functions,
and transfer those duties to another
officer" Would it not be just as dan
| gerous and unreasonable to
| permit the legislature to add
| in it's own discretion, other duties
not directly pertaining to it. to an office
which was created by the Constitution
and which was established to perform
certain specific duties and functions 7
Who can tell how long it would be
(under the right claimed by the other
side 10 impose any additional duties OF
an executive character upon the execu-
tive officers OF the state, before the
head of the Free School system OF the
state would be required to devote his
entire time and attention to the import
ant subject OF regulating the tolls on the
National Road in this State; or the
Auditor become more exercised about
the appointment OF the officers OF our
public institutions, than he is about our
finances For the reasons assigned
above, maintain that the Board OF
Public Works, as at present organized
is an illegal and unconstitutional body
and that their appointment OF Bridges
to the Office of Superintendent OF the
Penitentiary, did not confer on him any
right or title to the office.
But the attempt to usurp the power
of appointment in this instance, is un-
constitutional upon another ground: 1t
takes from the Governor, power which
belongs to him, of right, and which is
vested in him by the constitution; and
which he alone has the right to exer-
else. The 9Th section OF the 7th arti-
Gle declares, that "the Governor shall
nominate, and by and with the advice
and consent OF the Senate IA majority
OF all the Senators elected concurring
by yeas and nays) appoint all officers
whose offices are established by the
constitution, or shall be created by law,
and whose appointment or election is
not otherwise provided for"
This is a new provision not 10 be
found in the former constitution OF this
State, and it was intended to confer a
very broad and general power OF ap-
pointment upon the Governor. That
this is the fair and proper construction
to be given to this section will be ap.
parent from comparison ofthe former
and the present constitution on the snb'
ject of appointments to Office. The old
lconstitntiont did not confer the power o
appointment, as an original act upon
the Governor, except in one specified
case, ito appoint military officers above
the grade of colonel" But during the
recess OF the legislature, he was author.
lied to fill temporarily vacancies
Beyond these cases the constitution did
not by it's own terms confer any power
to make appointments, upon tht
Governor. When the 9Th section wal
put in the present constitution, it /,
reasonable to presume that the trainers
OF that instrument intended 10 make q
change on the subject Of appointments
What was that change TO be? Evi
dently it was to confer the appointing
power by the terms Of the constitution
itself, on the Governor, who did not pos
sess that power as constitutional righ
before. Under the old constitution,
apprebend, that the Legislature hac
the right to prescribe the person or body
by whom the appointment or election
OF an officer should be made. Thi
was q right which the Legislature pos
sessed in the absence of any constitution
al enactment on the subject. But b,
the new provision it was intended Il
withdraw the power Of appointment
from the control Of the legislature, wher
. it formerly belonged, and vest it perma
nently and definitely in the Governor
where it did not previously belong
, If the general power Of making ap'
pointments to office, is still subject Il
the control of the legislature, as th
= other side contends. Then the matter
remains where it did under the forme
. constitution, and the new sections, upol
which / am commenting, WIS not in
tended to accomplish anything, ant
in fact does not accomplish any thing
The insertion OF the section in the con
stitution is vain and idle work. /
would be doing injustice to the trainers o
OF the constitution as well as TO the peopl
who accepted their work, tosay that tn
. Sth section still leaves this subject o
appointment to legislative control wher
it formerly stood. 1t would present tbi
anomaly in constitutional law, that
, provision which relates to one OF th,
most important functions Of govern
ment-the appointment OF the public
agents and officers OF the government
is wholly subject to the whim and ca
price OF the Legislature; that it is liv'
provision to-day, and in full force be
!; cause the legislature has not seen fit Il
J assume its full legislative powers owe
: the subject and it is dead and inoper.
| .,;va "a pnnyyov banaues the lsoi a I'm n