South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1873-04-18

GERS OF the Executive Department? Sow
ereign power is vested in the people, and
the highest exercise of this power by the
people, is in the choice of their officers by
election, when the mode of selection of Of
ticers is changed from election to appoint
ment, does that fact so dwarf the dignity
ana Importance of the appointment, as to
bring 1t within the range Of the subordinate
powers OF the subordinate officers of the
executive department" The almost uni
form practice in this State, and in other
States, as we'll as in the general govern
ment, affords an answer, in the fact that
the appointing power has generally been
conferred on the chief executive officer.
Aud the true way to interpret our consti-
tuition and laws is to examine them in the
light OF history-the terms and phrases
used IN them, borrow their significance
aud meaning from events and circumstances
with which the mind is familiar. When
therefore our Constitution prohibits both
tue Judicial and Legislative Departments
from making appointments to Office, and
thus limits the power TO the executive de-
partment, looking at the question in the
light OF precedent does not the appoint
ing power fall within the scope of ethe
chief executive power which is vested in
the Governor
Granting however for the present that
this point is not well taken, and assuming
that the appointing power is not one of the
chief executive powers, aud that it nav
be lodged in any Of the subordinate officers
Of the executive department, does it follow
that this power can DO granted TO the Board
of Public Works What is the Board Of
Public Works? How was it created :?
And whence does it derive its authority
1t is a corporation, created By an act Of
the Legislature, whose members were cho
sen or appointed by the Legislature, and
whatever OF authority it has, it derives
from the Legislature. II was not estah-
llshCd or created by the Constitution, and
thus invested with some of the duties or
functions of government by the organic
law. 1t is public corporation. That it
Is public corporation will! not be disputed
IL 1t were private one, the Legislature
could not create it by special oct
The present Board of Public Works was
created by an act of the present Legisla-
ture and since the ratification of the new
Constitution. the Board is a public
corporation, then It's members mus. be
either public agents, or officers these
are the only two classes of pubic servants
known to the law. If they are mere a.
gents, then they cannot appoint the Dircc-
tors of the HOSP ital for the Insane, or any
other officers, for the reason that the Leg
islature cannot authorize its agents 10 Do
that which it cannot do itself, under the
restrictive clause of the constitution which
declares that mo such officers shall he ap.
pointed or elected by the legislature Look
in. az the members Of the Board of Public
Works as agents If the Legislature, any APP
pointments TO Office made by it, would b, as
clearly coniraventiOn of the Constitution,
az if made directly by the Legislature. But
lion the other hand, the members of the
Board Of Pubic Works are officers. then
this Board is illegally constituted for it
was created by an act of the Legislature,
and its members chosen, or appointed by
the Legislature in direct violation Of that
clause of the Constitution that declares
that mo such officers shall be appointed or
elected by the Lcgisllture' But mo.
ments consideration will show. that the
members of the Il )arl of Public Works are
officers and not agents of the legislature
! have before stated without fear Of contra
diction that this Board il public corpo-
ration. The language Of the act establish
ing II il as follows: The Governor, An.
Gitor, Treasurer, State Superintendent of
Free Schools, aud Attorney General. shall
be, and continue a corpOrati1n. under the
style Of the Board of Public Works
The only question therefore that re-
mains is this, whether or not memb rs Of
public corporation arc public officers. The
Board Of Directors Of the Hospital for the
Insane constitutes a public corporation.
vas there ever any doubt that the mem
bers Of this board are public oRicers The
board Of regents of the West Virginia T..
University Is a public corporation, can it be
questioned that tho members Of il arc pub
irc officers, and the same is true of the
Board OF Directors % the Peniten,iarv. If
the members Of these different Boards are
officers, u Is incODceivable to me why the
same rule does not apply 10 the members
Of The Board Of Public Works. / canno,
understand how members If certain public
corporations are public officers while the
members Of another corporation With larger
powers and more important duties to dis
charge may not be such officers. The State
itself in legal point Of view, is but DO.
li'ical or public corporation, and there can
be no dispute about the status, or character
OF re officers. Therefore so far as any ar.
gument can be drawn from analogy is con-
cerned, 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