The democrat. [volume] (Weston, W. Va.) 1868-1874, 1873-07-28

ne quesuVuI " VIII Ve VUsetNeut "
not what power over this subject has
been granted to the legislature by tue
constitution, but what power IN regard
to it is Inhibited to that department BY
express terms or strong and clear inpli.
cation" See also upon this subject the
very strong aud pointed case Of EphrSim
Clalos VS. Thomas Belcher, 80 pick Il.
sos. 1t would occupy TOO much space
for Us to undertake TO give full state
ments Of the cases last cited. We eau
only refer to them, aud those Who desire
to do SO, can consult the reports in which
they arc coutainod We think much
valuable light is thrown upon this sub.
jecl by recurring to the constitutions Of
Virginia Of l776, 1880 aud 1851 aud Of
the former constitution oflhis state, and
the practical construction placed upon
provisions 10 these constitutions, mot Dis.
similar to those in the present coDslitu
ton now under consideration, especially
the 4th section Of article I before recitsd,
The counsel for the complainant at the
argument 0fthis cause furnished US with
references to those constitutions and va.
riop. acts Of lcgislltures Of Virginia aud
West Virginia applicable to the subject
under consideration, aud as We consider
them as relevant aud appropriate We
cite them briefly as given The Sd sec.
ton Of tue constitution Of Virginia Of
l77G in lst Il. Code Of 1910 is aluosl 10
the exact words Of the 5th article Ofihe
present constitution Of this state The
section fOrb ds the exercise by other do
partmCuts Of the powers properly bclOn-
giug to the others, or the exercise by
one person Of the powers of more tLan
one department at the same time, ''sx.
cept that, the justices ofthe county court
shall be eligible to the house Of aIsOnb.
lly." Under this constitution the legis.
laturc of Virginia passed these acts, viz
Act Of February u. 1911, constituting
tho governor, lieutenant governor,
treasurer, attorney general and prcsl.
dent of the court Of uppeals,a o1y pol.
tic and corporate under the nspO Of
president and directors of tho literary
fund. Pleasaut's supplement to re'ised
code Of 1903, vol 8, p o.. on % An
act Of March 0. 1919, sec Q. l.. Il U
1919, p SO, constituting the same cor.
pOTation of same officers Ac, Of Feb.
ruary 6, 1916, 2. Il. O.. 1919, sec 8
and 4, p 20l, 902, constituting a cor.
poratiOh under the name Of the Board
Of public WORKS, to consis, Of Tho gov.
ernor. treasurer, attorney general aud
10 citizens Act Feb q, 1874, supp
Il c, 1888, 434 chap 35l sec .prOvid.
,ng that governor, lieutenant governor,
treasurer, anditOr aud Cd auditor should
be cx Ofhcio, he president and directors
Of the corporation known as the james
river company then owned By The state.
Act of Feb 10, 1920. supp to nc Of
1919, chap 10 p 80, providing that in
the absence Ofthe president Of The court
Of nppcsls the seniOrjudgc Of that court
shall act as . member Of the board Of
directors Of the literary fund in lieu Of
ltha nrn.idrut. Act Of R.b o. 1920.
supp &c p %. sec 10, making the
board to consist Of the governor, treas.
urer and LIST luditor, to psrpetaate tho
corporation Of the president and diroc.
tors Of the literary fund. The constit.
ution Of Virginia, adopted January 80.
1880, supp RC p Is, cOut1ins The
same division Of tue powers Of the gov
ernmcnt into 8 departments, as that o.
l77G. forbijs the exercise BY either oil
powers Of tue others or the exercise By
any person Of the powers Of more than
one at tho same time" UDier hi,
constitution tho legislature Of YirYini.
Mach iG IsSI ss., I ne, " is5, con.
.,;,n,;n, n. rny.rnHr ,,sI,,,sr altar
nov a"psrsI nd Oh ,ndi,o, cornors.
,;C, h. ,bs mans If Tho n,o,ijsnt and
directors Of tho north western turnpike
road for the purpose Of constructing 4
Winpbss,,r 10 tho Ohio liver Tb,
,o,S sss s,,.,,rc,sd h. III, ,ornor,tior
fso from W;ncb..,sr IA p:,tsr.bnrg Asl
~ an,;l . IsSi rsns.i;ns farmer Law,
Oonst;,ntinc III. bonrI If enblio work,
mi m,Lins n. ho,rj ,Ss,p.f,sr IN con.
s;., n ,bs sovsrnor ,;sn,sn,nt Cover.
Unr ,,sasrss, and o,J sn5i,or s1nn n
q n 4I4 4i5, I.G Act Of March S
Is9a .sr / n o7 nro,;Sinc Thai Nh,
, ,oO", trp,.nr.F ,"Jitsr and Q
~, "uN"S 4.