The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-07-10

,be co.operstlop and support OF the IegtI.
isture,. and his frst object will, therefore,
Ia 10 establish the requisite harmony o.
feeling between himself aud thell, thougb
il can only be done by a,sachace,ok The
public interest. 49,
In the 9Th section Of Article VII, Tic
Constitution has Said: THE chiel eXe-'
cutiye power shah be vested In the Gov
ernor, who shall take care that the laws
be faithfully executed;" and In Article Y ;
Tho Legislative, executive and judicial
departments shall be sepArateand distlnct,
50 that neither shall exercise the power,
properly belonging to either oil the Others.
The 6hiel executive power shall DC YES
ted In The Governor Wby-the Ieglsla'
lion Of the last session in relation TO the
executive may be condensed into sen.
fence-tbe chief executive authority shall
not be vested In the Governor, for we will
miace II In more subserVient hands. And
The constitution, It Is said BY the highest
cIurt of the land, deals with substance,
not shadows The Legislature have taken
the substance, and for shadow, have
len to the Governor the power to appoint
three vaccine agents.
A new view Of the case which 1beg
PERMISSION 70 notice, was presented in the
closing speech, and pressed with great
esrnestneaB upon the court, by opposing
counsel.
The first section Of Article VII, so far
rs material to the point, is as follows:
The Executive Department shall consist
Of q Governor, Secretary Of STATE, State
Superintendent oil Free Schools, Auditor,
Treasurer, and Attorney General. 80.
They shall. perform such duties as may
be prescribed by law.
The learned counsel repeatedly, during
the heat Of argument, stated the last
clause Of this section as II Il read: They
shall perform such other duties as may be
prescribed by law; giving unintentlonAlly,
no doubt, tho impression 70 the hearer
that the section required the State Super
intcndent Of Free Schools to perform
the IdRties o. his office and such
other duiiea IS, the Legislature might
assign 70 HIN. And so Of each Of the
other Qlt6ef61 aenlloDed.
Our construction ii the sentence ID, as
have already said that infegafd 70 either
ufthese offices, the Legislature, within the
general scope Of thu constitute onal Office
designated by the title, or defined BY spe.
cilc provisions Of the Constitution, may
prrsctihs the duties, powers and response.
Liltits Of the officer, but cannot take
away the essential attributes OF the office;
nor 10 consequence Of his disability 10
hold any other Office, assign 10 himldutIes |
and p0Wes substantially beyond the
scope OF Bis constitutional Office. --ah.aa
But it Is said that these officers con-
stitutc the Executive Department, and
that thaGnactments Of the. last session, dis
regarding the name and form and looking
1T tho substance only, prescribe and de-
tine the powers and duties, not Of the
Auditor, State Superintendent Of Free
Schools, &c, as separate officers, but Of
the Executive Department as q whole.
Suppose for amOment this explanation
OF the legislation Oi last session TO be cor
rect, 1t will be perceived thaLthe Con.
stituliOn has made tie Secretary Of State q
part ofthe Executive Department. What
right have the Legislature in organizing
their Executive Department. under the
form of The Board Of Public Works, to ex.
cludG tile Secretary Of State from all par |
IlciplliOn therein? Or, IN prescribing |
and defining the powers and duties OF the
Executive Department rs u whole, to en-
act that the Secretary Oh State shall have |
no part or 10; In the matter! The Con,
slilution says he shall be part III the Elk
ecutive Department. Can the Legislature |
say, he shall not? If they can leave out
one, they eau leave out two, three or four;
anh bestOW the appropriate powers and
duties OF the Executive Department Oh
any one or more Of them who may hap.
pen tn be in favor with the Legislative
majority.
The Constitution provides In the third
section OF Article VII, that "the secreta.
ry Of Stale shall be appOintedby the Gov.
ernOr by and with the advice and consent
of the Senate" And the fact that the Sec.
rotary was appointed on the Governors |
nomination seems TO explain the omission,
and 10 indicate the intent OF this subStan.
tial organization of the Executive De- |
psrtment under tho form OF the Board oil
Public Works. Regarding substance and
not form, Is il proper under our COnstitu'
tim u reduce the chief executive power
10 the nth part Of the executive authori.
", or rather, ltor We may Us well Iecog.
niL- the real laCt,l TO deprive the Cover.
uur Orall power in regard 10 the most i'm
pOrtanl class oil executive duties? H
Why cannot gentlemen meet the casa
rs We all know II really to be? The sub.
stance Of these acts Is 10 reduce the
chief executive power OF the Constitu-
ton 10 II shadow, ind subject It 10 the
control Of u portion, selected by the Leg.
stature, OF those who are called in the
Constitution the subordinate officers Of the
Executive Department. The constitu-
liOnal order OF things is 10 be reversed,
aud the ChiOl placed under tho subordin.
ale.
OF the Executive Department, the Sec.
rotary Of State Is the only one who Is not
forbidden by the fourth section Of Article
VII to hold any other office. To all those
who are so forbidden, the Legislature has
assigned another Cillce To him whom Is
nnt fnpII11ou 0hnU ooai1u nnOa