The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-07-21
THE PENITENTIARY DECISION,

walkers Appointed SuStaInedssAll
Points Ruled Against the Cover
uer :. The Executive Department
Absorbed In the Legislature.
The following Is the Syllabus ofthe de-
cislon promulgated Saturday by tue Su'
premc Court Of Appeals, in what is popu'
lnrly known as the Penitentiary Case:
william L. Bridges, COmprt, In nth. the Supreme
Thomas P. s5ailcross, al DOtn'- ''I peAIS. s. N
Upon demurrer 10 tho return mdtb 10
he torit Of mdnddmuS Risi issued and re.
turned.
Syllabus OF points adiudicated by the
Supreme Court OF Appeals in tho above
case, in which the four Judges OF said
Court cOncurred.
/. The act passed by the Legislature Of
West Virginia on'the 14th day Of January,
1873, entitled "An act amending and re-
enacting section one Of chapter SO, Of the
Code OF West Virginia, concerning the
Board Of Public Works" Is not repug-
nant 10 tho 9TH section Of article 7th oil
the Constitution Of the State of West Vir-
pipia. And that the part or parts Of the
act Of the Legislature passed on the lst
day Of April, 1873, entitled IAN act to
amend and re-enact sections two, six,
seven, fourteen and nineteen Of chapter
lC3, of the Code OF West Virginia, which
are directly involved, or apply TO this case,
is, and are not repugnsnt TO said 4th sec
tion OF said article Z OF the Constitution oi
the State oil West Virginia.
9 That the said act Of the Legislature
OF the 14th of January, 1873, does not in
fact, or effect, operate as an appointment
of the Governor and the other executive
otHcers therein referred to, TO different
office or to different offices, but substan-
tally 10 prescribe the duties and powers
of the Governor and said other executive
officers, TO be by them exercised and per.
formed as constitutional officers Of the
executive department Of the government
to which they were or may be elected
that In other words said act in substance
and effect simply annexed to the office OF
Governor, and tho other executive off,
GERS, therein named, powers and duties.
3. Prescribing the manner In which
public officers shall be elected and re-
moved as expressed in the 9Th section ol
article 4, OI the Constitution Of the State
of West Virginia, when read and consid'
cred in connection with article 7, sections
and 8, and section 40 OF article U, and
other sections OF same constitution, in
Cludes tho agent or person who may ap-
point as well as the lOrmality with which
Il should be done.
l. That the said act of the Legislature
OF the State of West Virginia passed on
the said 18th day Of January, entitled,
An act amending and re.enactlng section
one of chapter filty.six OF the Code OF
West Virginia concerning the Board OF
Public Works." and enacting that said
section DO amended and re.enacted so as
to read as follows: "The Governor, Audi
tor, Treasurer, Superintendent Of Free
Schools, and Attorney General, shall be
and continue corporation under the
style Of the Board Of Public Works. Is
not repugnsnt TO the constitution Of said
State, but is valid and binding.
8. So much of the act passed by the
Legislature of the State Of West Virginia
on the first day Of April, 1873, entitled
IN act to amend and rGcnact sections
two, six, seven, fourteen and nineteen Of
chapter 1GS OF tho Code OF West Virginia,
rs Is directly involved in and applies to
this case, especially the part and parts
thereof by which 1t is enacted that the
Board OF Public Works shall, on the 18th
day Of April, in the year 1873, and every
two years thereafter, appoint superin-
tcndcnt of tho PenitGntiary at Mounds
vile, whose term Of service shall begin
on the first day OF May next after his ap-
puintment, and also should have the
powers, and perform the duties ot said
office prescribed by law, and shall receive
Ms an annual salary not 10 exceed 81 1900,
At the discretion Of the Board oI Public
Works, is not and arc not repugnant to
the constitution oil the State OF West Vir-
ginis, but is and are valid and binding.
Judges Raymond, PAUL, Hoffman and
Moore conCurred In the foregoing syllabus
Of points adiudicated in the above named