The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-06-27

numerous agencies and officers. Realiz-
ing this, and with view OF enabling
the Governor to entorte this duty OF
seeing that the laws are faithfully exe-
cuted, the Constitution in the eighth
section of the seventh article, conters
upon him large powers in connection
with original appointments. In the
ninth section in provides for appoint
ments in cases OF vacancies. This sec.
ton is explicit and uumistskable and
throws flood OF light upon the true
meaning and purpose OF the section that
precedes it. Then follows the tenth
section. confering upon the Governor
the power to remove all officers whom
he may appoint. The character OF the
officers upon whom this section con-
templates acting must be passed by the
two sections that proceed it. These
show that they refer 10 all officers not
elective. By turning to the other sections
of this article we find that large power Is
conferred on the Governor TO ascertain
the manner in which the executive
duties OF the government are being dis
charged. But for these sections OF the
constitution the Legislature might, not
withstanding the constitutional iuJunc-
ton referred to, make the Governor
perfectly powerless to discharge this
important duty. ltwss to prevent such
a probability that sections s, 9 and 10
and the system thew establish were in
corporated in the constitution. To hold
otherwise would make these sections
ineffective and imperative, and that too
in opposition to well known rule OF
constitutional construction, that all pro-
visions OF the constitution, especially
such as are inhibitory and limit and
restrain legislative powers, shall always
be operative and effective. But with
out an express prohibition upon the ex'
ercise OF the appointing power by the
legislature, the section referred to would
not confer it because the appointment
to Office is an administrative, whilst the
creation OF office is a legislative duty.
This is clearly decided in "a Michigan
SO; 3 J. J. Marshal 40l and OHIO
State $40. The section cited therefore
does not avail the complainant.
This leaves for consideration I'm
whom is the appointing power lodged ?
In whom is it not Iodged?' II is not
lodged in the legislature because, as al
ready shown, it is prohibited from ex-
ercisiDg it. 1t is not lodged in the
courts, because with resDect TO them we
find in the constitution the following :;
"The legislature shall not confer upon
court or judge the power OF appoint
ment 10 office, further than the same Is
herein provided for" Art. 6, Sec ~.
II it exists at all i: must be lodged IN
the Executive Department, and as one
one OF the Chief Executive duties IN
seeing that the laws are faithfully cxe-
cuted, it is lodged in the chief OF that
department. This is apparent from
Art. 7, Secs. 4, 9, 10, II Gnd IS taken
together.
The language "And whose appoint
ment is not otherwise" &c, ar" not a
grant Of power, but q saving OF powers
already conferred on the Legislature.
These words are the equivalent ofSis
not herein otherwise" &C \. c., 59 :
l Pinnys Wis. 100; 4 Am. cases, 81 !;
2 Brockembrough, T. l00il Cranch %.
1t thus appears that all questions in~
yolyed must be decided adversely to
complainant and his writ dismissed
WM. II. HoGENAY,
OF Counsel for Defendant.