The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-05-21
MR. ARNOLD'S LITTER

We copy from the Weston Democrat
q communication written by WILLIAM
E. ARNOLD, ESQ, as sort OF supplies
ment to his argument in relation to The
appointing power, which was published
in the REGISTER on the 4tb Of January
last and republshed lew days ago.
1t will be observed that he reafirms the
position assumed in his former article
and contends that the legislature may,
in pursuance OF the Constitution create
a Board OF Public Works and provide
for filing the office by an election by
the people" ard that Authority
could be given by law TO the
Board Of Public Works to appoint the
Directors Of the Hospital for the Insane
and the Peniteptiary." According to
Mr. ARyoLD's view, membership in the
Board OF Public Works is an office and,
although created by law and not pro-
yided for in the Constitution, it is an
Office that can only be filed by election
by the people. He cites no argument
in support Of the assumption that menu
bers of the Board are officers, but elm
ply assumes it to be so, and thus actu-
ally "begs the question" for upon the
determination OF this point turns the
whole controversy between the Govern
or and the legislature.
But even conceding that membership
in the Board of Public Works is DIG
tinct Office (Which cannot be successful
" maintained) Mr.. AENoLD's further
assumption that the Office can only be
filled by election by the people is with
out constitutional support. The eighth
section Of Article 4 gives the Leglsla-
ture the authority, in cases not provided
for in the Constitutions prescribe "the
terms of office, powers, duties and CON-
pensation OF all public officers and
agents, and the manner in which they
shall be elected, appointed, and remoV-
ed" 1t thus gives the Legislature full
power to provide for the appointment OF
public officers az well az for their cleo
ton. This power the Legislature has
exercised in many cases without ques-
ton. 1t has created numerous offices
by law and has provided for the election
of come, Gas municipal offices, for e1-
ample and the appointment OF others,
e q Notaries Public. The power to
create an office carries with it, both by
implication ana by the express terms OF
the Constitution, the power to designate
in what manner the office shall be ill-
ed and it is absurd to suppose that the
legislative body is excluded from the
exercise of its discretion in the matter
Having created the Offices OF Directors
and Superintendent OF the Penitentisry
and OF the Hospital Tor the Insane, the
legislature cannot be denied the power
Of saying how these officers shall be
elected, sppointed or removed. :
I',however, membershipin the Board
of Public Works be an office within
the meaning of the constitution, we
readily admit that it cannot be held by
the Governor, Auditor, Treasurer, At
torney General and State Superinten-
dent of Free Schools. who now com.
pose the Board, because these officers are
expressly forbiddenfrom holding any Of
fee other than that 10 which they have
been elected. But ii is not an office and
never has been so considered since the
formation Of the State. By virtue of
the authority given TO the Legislature to
prescribe the duties Of officers in
cases not provided tor in the constitu.
ton, the duty Of making certain
appointments and doing certain things
has been devolved upon the executive
officers OF the State collectively, AID
the five officers thus charged with the
performance of duties not especially
designated in the Constitution are, for
convenience, styled the Board Of Public
Works. To argue that when the law
attaches new duty to en- existing
Office it thereby creates a new office
leads 10 absurd results. II an officer
holds as many Offices as he has dis
tipct duties to perform, what vast
number Of Offices there are in the State !
But, except in the single case Of the
Board of Public Works, the Cover.
nor himself admits that new
duties may be assigned to existing
Offices without thereby creating new
office. The Legislature passed an actlast1
winter BY which the Treasurer, Auditor
and State Superintendent Of FreeSchools
are created Commissioners OF Public
Printing" This act was approved by the
Governor, and yet the Commissioner Of
Public Printing is just as distinctively
an office as that of member of the Board
of Public Works, and no more. If the
act cressipg the Board of Public Works
is unconstitutional. 90 is the act Great
ing the Commissioners Of Public Print
ing, and the Governor should have
LID attention tn that fact by either