South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1873-08-01
Decisionin the Penitentiary Case.

As announced In our last number the
Court of Appeals of the State re ndsred their
decision in the case Of BRfpGEs against
SHALLcRoss, which involved the validity Of
the acts of the Legislature creating Board
OF Public Works. Tue length Of the cpiu-
ion delivered preveats its publication in our
columns, end we doubt, if we were to give
1t place, it would be appreciated by the
general reader owing to the length of the
! opinions, arguments aud technica.ities used
In the document. The conclusion Of the
Court IN the matter il would be proper iu
this connection however, to remark, is con
trooerted ty some Of The ATTEST laeyers. Of
our State
The decision strips the Governor of ex-
.ocutive authority aud reduces the chief ex!
ecu,ive powerto mere ciptcr4-but, it is
useless to refer further to The matier-lhe
Court uphOlds the action ofthe Legislature,
therefore, at preseut, there can be no I'D.
vantage in the further discussion of. the
question, pro or con- The following is the
s, llabus Of points adj lic,ted,by. the Court !.
| 1. The act passed by the Legislature os West
Virginia on the 18th day OF JaniAgy, 1Sf3. emit.
| tied IAN act amending and resepsctjnp section
one ct chapter So of the Code of West Virginia.
concerning the Board of Public .Works, is not
repugnant to the 4th section OF article 7h Of the
| constitution Of the State Of West Virginia. And
that the part or parts Of the act Of the Lepisla.
ture passed on the lst day of April, 1879 emit.
tied AN act TO amend aud re.enact sections
two six, seven, fourteen and nneteer- of chap
| ter l63 of the Code of West Virginia whicEs ore
directly involved, or apply to this case, is. and
are not repuguant, TO said ,4ih section of said
article OF the constitution of the State of West
Virginia.
2. That the said act OF the Legislature of the
| i4lh day OF January, 1873 does not in fact. or
effect operate as an appointment of the Cover
nor and the other executive officers therein re-
TERED to, TO different office or 10 different Of
noes, but substantially to prescribe the duties
and powers Of the Governor, and said other ex :
| ecuuve officers 10 be by them exercised and
performed MS constitutional officers of the exec
utive department of the government to which
| they were or may be elected-that in other
| words said act in substance and effect simply
annexed to the office of Governor,aud the 9th
er executive ouceFs therein named, powers and
duties.
| 3. Prescribing the ttmann eriL To which nnhIic
officers shall be elected and removed as EXPRESSED
In the 9Th section of article L. of the constitu
ZION OF the State of West Virginia, when read
and considered in connection with article 7 sec
| lions and ~, and section 40 OF aitfcle G and
other sections of same constitution, includes the
| agen or persons who may appoint as we'll as
the tormahty with which 1t should be done
l. That the said act of the Legislature of the
State of West Virginia passed on the said l4th
day OF January entitled ''An act amending and
re enacting section one of chapter Gfty-sx OF the
Code OF West Virginia concerning the Board of
fuoiIc Works" and enacting that said section
DC amended and re'enacted so AS to read ms fol.
lows: "The Governor Auditor Treasurer. ST.
perlnendent Of Free Schools and Attorney C,en
erai, shall be and constitute corporation under
the style OF the "Board Of Public Works ~ is
not repugnant to the constitution Of said STATE
but is valid and binding. - 2. 80 p; :.
D. 30 much of the act passed by the lepisla.
lure OF The State Of West Virginia on the first
Gay OF April, 1873 entitled aa aet to amend and
re'enact sections two, six, seven fourteen and
nineteen OF chapter 1853, of the Code of West
virginia, ms is directly involved in and applies
10 ms case especially the part and ar e hereof
Dy which 1t is enacted that the Board OF Public
Works shall on the 10Th day of April, in the
year lS73,an every two years thereafter. appoint
q superintendent Of the Penitentiary at Mounds
vile, whose term of service shalt begin on the
'Tst day OF May next after his appointment, and
also should nave the powers, and perform, the
duties OF said office prescribed by law, and shall
receive as an annual salary nor to- exceed ST. 500.
at the discretion of the Board Of Pablo Works
is not and are not repugnant to the constitution
o! the State of West Virginia, and is and are va
lid and binding 'i'i rt
Judges Raymond Paul. Hofman and Moore
All concurred in the foregoing syllabus of points
adJudlcated in the above named case.