The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-05-15
The Trouble in West Virginia

The readers of the Dispatch have, no
doubt, MS we have, often wondered why IT
is that our Democratic irlcnu> in that state
cannot come to tcrn> with t.icir " indie
pendeut" Governor. The Wheeling Regis
ter publishes letter from WILLIAM f. AR
MOLD, EST, Il lawyer of Weston, and JACOB
man. from which we learn that Governor
JACOB claims the power under the ConSt'M-
ton to make certain appointments which the
Board OF Public Works claims the power to
make under lar. Of course, if JACOB is
| right the Board is in the wrong, since no
law can override u constitutional provision.
Let lis see how this is.
The new Constitution of West Virginia,
which does not seem to work very smoothly
as yet, contains the following provision:
1.-THE Governor shall nominate, and by
and with the advice and consent of the SEN
ate IA majority of all the senators elected
concurrng by yeas and Nays. appoint all
officers whose offices are established by this
Constitution or shall he created by law, and
whose appointment or election Is not other
wise provided for; and no such officer shall
he elected Oh appointed by the Lcgisla-
ture.'
This seems at first blush to give to the
Governor all the power he claims. But sup
pose we read 1t as the Board Of Public
Works understand it
"The Governor shall appoint all officers
named in this Constitution, or which any
law may hereafter authorize, whose appoint
ment or election is not otherwise provided
for in this Constitution, or shall not be pro-
yidcd for by law; but the Legislature shall
not take their election or appointment into
its own hands"
This seems to be the meaning of the con.
stitutional provision; and as the Legislature
has not taken the election or appointment of
any Of these officers into its own hands, but
bus confded them to Board of Public
Works "created by law" mot by the Con-
stitutionl, the Board seems to Us to have the
best of the argument. Otherwise, rs Mr..
ARNOLD says, sail such petty offices us nota-
ries public, aldermen, and councimcn OF
towns and cities, and hundreds of other
small officers too tedious to name, would
have to be appointed by the Governor, by
and with the advice and consent of the
Senutc-a governmental monster never
dreamed of, much less thought of, by body
of sane men engaged in making a written
constitution for free, enlightened, and prac-
ricai people"
Again: The Constitution provides
"Thc Legislature, in cases not provided in
the Constitution, shall prescribe by general
laws the terms Of office, the poncrs, duties, and
compensation ofall public officers and agents.
| and the manner in which they snail he
elected, appointed, and removed
This gives to the Legislature all the power
it has claimed. Under this provision that
body has created IL Board Of Public Works,
and authorized the Board to make certain
appointments. We are sure that no such
legislation was contemplated by the trainers
Of the Constitution; but it it is constitu.
| tional, that does not matter. The Board APP
pointed directors Of the renitentiary at
Moundsyile, but the Governors appointee>
refused to surrender their offices. The
courts are to decide which set holds Office
according to the Constitution.