The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-04-03

FofiBe IcbIef executive" powers, and that
itmay bo lodged In any Of the subordin
Stc officers OF the executive department
does II follow that this power can b.
Granted 10 the Board Of Public Works
what il the Board Of Public Works
. How was Il creRtedp And whence does
Il derive Its authority
It's corporation created by an act o.
the Legislature, whose members were
chosen or appointed by the Legislature
and whatever Of authority It has, it de-
rlves from the Legislature. 1t was moi
established, or created by the Constitu-
ton, and thus invested with some Of the
duties or functions Of government BY or
gauic law. 1t is public corporation
That it Is public corporation will not be
disputed-if it were a private one, the
Legislature could not create 1t by q spe'
clal act.
The present Board OF Public Works
was created by an act Of the present Leg
islature, and since the ratification Of the
new Constitution. II this Board Is
public corporation, then its members
must be either public agents or officers
4 for these arc the only two classes Of pub
4 lie servants known TO he-law. II they
are mere agents, then they cannot appoint
4 the directors for the Hospital for the in
sane, or any other officers, for the reason
that the Legislature cannot authorize Its
agents TO do that which 1t cannot do It.
self, nnder the restrictive clause OF the
Constitution, which declares that mo
such officers shall be elected or appointed
1 bv the Legislature" Looking at the MEM
Ibers of the Board Of Public Works as
sgentS Of the, Legislature, any appoint
meutS ID office made by it, would be as
clearly in contraventIon Of the COnstitu-
ton as II made directly by the LegislR-
ture. But II on the other hand the mem.
bers Of the Board OF Public Works arc
officers, then this board Is Illegally con.
stituted, for it was created by an act OF
the Legislature in direct violation ofthat
clause Of the Constitution, that declares
that "no such officers shall be appointed
or elected by the Legislature" But q
moments consideration will show that
the members Of the Board OF Public
Works are officers and not agents Of the
Legislature, Gita usaa n b'E4a
| have before stated, without fear Of
contradiction, that this board is public
Corporation. The language Of the act cs'
ltsbishing tits asSEollows: 1.-THE Cover
nor, Auditor, Treasurer, State Snperin-
tendent Of Free Schools, and Attorney
General shall be, and continue corpora
ftion underline style ofthe Board Of Public
Works" The only question, therefore, that
remains is this; whether or not members
of public corporation arc public oticersE
The board OF directors Of the hospital for
the insane, constitutes public corpora
ton; was there ever any doubt that the
members Of this board are public officers?
The board Of regents of the West Virginia
University, ID a public corporation; con 1t
DO questioned that the members OF 1t arc
public ofilcersS And the same IS true Of
the board Of directors Of the Peniteniiary.
If the members OF these different boards
arc officers, 1t Is uncomfortable to me why
tho same rule does not apply to the mem.
bers oil the Board OF Public Works. /
cannot understand how members OF Ger
tain public corporations are public cfh-
GERS, while the members of another cor
poratlon, with larger powers, and more
important duties TO discharge may not be
such officers. The State itself, in legal
point Of view, is but political or public
corporation, and there can be no dispute
about the status or character. OF its officers.
Therefore, so far as any argument that
can be drawn from analogy Is concerned,
members of the Board OF Public Works
are officers within the meaning OF the
term as used In the Constitution. The
line OF judicial decision Is uniform In this
direction. The principle that members
OF a public corporation are public officers,
has been so well established that 1t would
be difficult to find a modern case in which
the point was contested. Numerous cases
are 10 DO found in which the question
arose whether corporation was pubic
or private but 1t was not even claimed by
counsel in argument that II the corpora
ton were public, the members thereof
were not public officers, The leading
case OF Dartmouth College Is. Woodward,
4 Wheaton, Is an illustration Of this TACT.
| In the case of the regents OF the Univcr-
sity Of Maryland %. Williams Gill and
johnson 307, the court used the following
Language;
"a public corporation is ono that is
created for political purposes, with pc.
lltical powers, TO be exercised Tor purpo-
SEES connected with the public good in the
administration Of civil government an
instrument of the government, subject TO
the control OF the legislature and its mem.
bers, officers Of the government for the
administration or discharge OF public du-
ties" This language aptly applies to the
Board OF Public Works. It is "public
corporation" created for political purpo-
ses, with political powers and tits mem
bers officers Of the government" 1t has
therefore had tho management and con.
troll Of tho Kanawha River, Cumberland
Road, and other works OF internal i'm.
proyemcnt belonging to the State, with
the power to appoint all the officers there.
o., It has appointed the directors and su.
perintendent OF the Penitentiary and has
designated oil the repositories Of the pub
lie funds, taking from each depository,
security for the safety Of the public mon
ey. These are certainly most important
public duties, and the members Of the
4 Board that discharges them arc most as
SutGuly puullC OLuSSLo' AZ Nh6H.o "
fore this State was carved out Of It, the
Board Of Public Works consisted of three
members, elected by the people by dis
tricts. In the formation Of this State the
duties OF this board were not such Us to
require the services Of separate persons.
and the Governor, Auditor and Treasur'
or were made eg.06IciO members Of It,
The Legislature OF 1871 was of the
lopinlOn that the duties Of tho adjutant
generals office were not sufficient 10 re-
qulro the services Of separate person,
and the Superintendent Of Free Schools
was made er-o1lci0 adjutant general.
Tho Office OF the adjutAnt general is none
the less IN independent Office. separate
and distinct from that Of Superintendent
OF Free Schools, on that account; nor Is