The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-07-11

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dent and Directors OF a corporation
known as the James River Company,
the stock and property OF which be
longed to the State. An act OF Marct
Is, 1888, provided that the Governor
Treasurer, Auditor, and Second Audi
tor, should thereafter constitute tht
Board of Public Works" the Jane
River Company" The Board Of th'
Literary Fund" and the Northwest
ern Turnpike Road Company" witt
full power to transact all the business
OF these various boards.
An acl of March Is. 1888, directed
the Board Of Public Works to construct
turnpike road from Staunton to Park
ersburg, and gave the board for tina
purpose all the powers and subjected i
to all the duties given to and imposed
upon the President and Directors of tht
Northwestern Turnpike road.
The Constitution OF 1851 contained
the came separation OF these three de-
partments of government and forbade
either to encroach upon the other anG
prohibited any person from exercising
the powers OF more than one Of these
departments at the same time. The
Governor is incapacitated from holding
any other office during his term of serv
ice, and yet he is made Commander and
Chief OF the Military and Naval forces
ofthe State. TheGovernor, ,Preasurer,twc
Auditors and Register of the Land Office
are made a corporation by the name o.
the Board OF the Literary Fund" with
all the powers then vested in the Presi-
dent and Directors OF the Literary Fund
The Governor is made judge OF the
election ofthe Attorney General j udge {
and Commissioners of PublicWorks; he
is made General OF Militia; be is made
to act as Chief of Police or head of the
Detective force; he is also made law
giver 10 the Penitentiary.
At the restoration Of the government
of Virginia, in 1861, the Governor and
others were made corporation styled
the Board of the Literary Fund"
The Constitution of 1868 contained
the same separation Of powers and the
same inhibitions aDd the Governor was
incapacitated from holding any other
office. He is yet made Commander in
Chief OF the military forces Of the State,
An act ofDecember 10, 1863, makes
the Governor and others a corporation
under the name OF the Board of the
School Fund" and an act OF the same
Legislature constituted the Governor
and other officers a corporation by the
name of the Board Of Public Works.
An act of October 3, 1868, makes
the Governor the agent OF the State
concerning the scrip received for the
benefit OF mechanics, arts, and agrlcul
ture. At the revival and codltying OIL
laws in 1868, the Governor and other
officers were continued a corporation
under the name OF the Board of Public
Works, and by chapter 45 OF the code
the Governor and other officers were
made a corporation under the name o.
the Board OF the School Fund, Of which
the Governor was to be President.
The principle OF the foregoing acts
and numerous others OF similar char.
acier that might be cited, is fully sus'
taiued by the decisions OF the Supreme
Court Of Massachusetts, and the Su'
preme Court OF Appeals OF Virginia.
The Legislature of Massachusetts
conferred civil jurisdiction on the JUS
tees Of the Police Court Of Boston, 8
court of criminal Jurisdiction only and
directed them to hold court for civil
pleas under different name for the
county of Suffolk. The act was held
clearly constitutional as not creating q
new ctlice or officers, but
as simply conierriDg new duties
upon an office and officers already eX-
listing. An act OF the Virginia Assem-
bly, of March 81, lS4S, provided for a
special Court of Appeals to be held by
the five senior Circuit Court Judges
with additional compensation of ter
dollars q day to each Judge. This was
held to be clearly within the constitu'
tional competency of the legislature a:
not creating new office or additional
Judges. but simply as imposing new
duties upon Judges already IN office.
Ifthe legislature has power to act, the
Judiciary cannot control the manner o.
its exercise.
The Constitution oflS72 contains the
same separation between the three
branches Of the State government and
forbids the exercise by either OF the
powers of the others and inhibits the
exercise by any person OF the powers o
more than one OF these departments a
the same time. Neither the Governor
State Superintendent OF Free Schools
Auditor, Treasurer, nor Attorney Gen
eral, is authorized to hold any othe,
Office during his term OF service. AND
vet the Governor is made Command
er in Chief Of the military
forces of the State. and the
1 Attorney General is cr-o9fcio Repor
ter of the Court OF Appeals. The Gov
ernor, Superintendent OF Free Schools
Auditor and Treasurer are also made
{ hv the constitution the Board Of tn
School Fund" 1t may thus be seer
that the Constitution of 1872 sanction
, and recognizes the distinction betweel
creating an office and imposing new
duties upon an office already created
, Applying these principles to the prese,n
t case it may be readily shown that tn
, legislature did not exceed its constitu'
tional authority by the creation or con
tinuauce of the present Board OF Puoil
, Works and that the acts OF this Boar
are clearly warranted by law.
HNHHCnlE