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

/ College vs.. Woodward, 4 Wheaton, is an
! illustration OF this fact In the case of
the regents OF the University of Maryland
VS. Williams, Gill aud johnson 397, the
court used the following language:
"A public corporation is one that is Gre
ated for political purposes, with political
powers, TO be exercised for purposes con.
nected with the public good in the admin -.
traiion of civil government an instrument
/ Of the government subject to the control of
the legislature and its members, ofic r. Of
the government for the administration
or discharge of public duties This Lam
guage aptly applies to the Board of Pub.
/ lie Works. 1t is a public corporation,'
created for political purposes, with 'po.
litical powers aud fts members officers
| of tie govcrnmeRt.' 1t has therefore
had the management and control of
the Kanawha River, Cumberland road. and
other works of Internal improvement be-
longing to the State, with the power 10 an
point all the officers thereof Ii has an
pointed the directors aud superintendent of
the Peniten'iary aud has Designated all the
/ repositories of the public fluids, taxing
from each depository security for the
safety of the public money. These are
certainly most important public duties.
and the members of the Board that de
charges them are most assuredIy public
officers. la Virginia, before this Safe
was carved out of it, the 3 pard Of Public
Works consisted of three members, elected
by the people By districts In the forma.
ton of this State the duties of this board
were not such as to require the services OF
separate persons, aud the Governor, Audi
tor aud Treasurer were made er.o6icio
members Of it.
The Legislature of 1871 was of the o.
pnion that the duties of the adjutant gem
erals office were not sufficient to require
the services of a separate rersou, and
the Superintendent of Free Schools was
made er-o6i,io adjutunt general The Of
lice of adj utant general is none the less an
Independent office separate and distinct
from that of Superintendent of Free Schools,
on that account nor is the office of mem-
Der of the Board of Public Works any the
less an Independent Office, separate and dis
'lnct from that OF Governor, Auditor, Treas
urer, Superintendent of Free Schools and
Attorney General, con that account. But
it may be said that there was no cmolu-
ment or compensation attached to the Of
fee OF member or the Board of Pnbiic
Works neither was there any to the Of
fee OF ndjutant general, for the act of 1871,
by which the Superintendent of Free
Schools was made e.c oficjo adjutant gencr-
al, expressly declared that he should re-
ceiVe no salary.
Again, it may be said that the act Gre
ating the Board Of Public Works did not
/ 0ro 70 Il.
posed now or additional duties upon officers
already in service. If the Legislature
should declare that the Auditor, Treasurer,
Attorney General and Superintendent of
Free Schools should constitute the Supreme
Court o! Appeals, this in one sense, would
he imposing new and additional duties upon
the7e officers. But what would be the new
and additional duty thus imposed on them
| Nothing less MUn me duty Of dccoptiny n
ncic anu additional attire. The Treasurer
sitting az member OF the Board Of Public
Works Is not dlscharging any of the duties
pertaining TO the Office Of treasurer, he is
dI5chargiug the duties Of another office. -
la other words, he is holding two Offices
at tho same time. This IL true Of the Au-
ditor, Superintendent of Free Schools, At
| torney General and Governor. When all
OF these officers sir "a members Of the Board
I OF Public Works the validity Of the action
OF he board is not derived from the fact
that its members hold other offices, for its
action would DO Done the less valid if its
member consisted Of persons who held no
other offices in the State government
we have, therefore, reached this point
/ That there are two public corporations, Of
equal dignity 10 Law, both the creatures Of
I the Legislature, and 10 both of which the
mem 6ers are public officers; one IS the
/ Board Of Public Works, and the other il
the Board Of Directors If the Hospital for
the Insane The Legislature has appoint
ed the members Of the fret named Of these
corporations, and this bill now proposes to
confer tho authority upon il to appoint the
mem bers OF the other corporation. II the
Legislature has The power to appoint the
members Of one Of these boards has IL not
/ also The power TO appoint the members Of the
otheT boards Aud further than this, II
the Legislature can confer The authority
upon one board t. appoint the members Of
the other, is il material, 10 a legal point
% view, which of the two shall exercise
INC appointing power, that il % saT that IL
would be Just "a legitimate, in Law, for fbe
board Of Directors Of the Hospital for rho
Insane 20 appoint The Board Of Public
works, rs IT, would be for the Board Of
IuoIc Works TO appoint The Board Of Di-
rec.ors for the Hospital for the Insane
Therefore, IN looking over the whole
nelc the conclusion seems 70 be irresisii-
ole, that whore tho (lous titufiou uroV tlce