The democrat. [volume] (Weston, W. Va.) 1868-1874, 1873-06-02

hin toi0bScure tue lleht OF Jay i
Governors Foreman, Stevenson and
acob, all in the face Of the same con.
.itutiouaI provision, acted as members
+ the Board Of Public Works, Yet
heir right to do SO was never mOOtcl,
nd tho constitutiouality Of the act
it. was never mOOtOd unit
suited a partisan purpose to do SO,
N, Legislature had the sanction of
I ccedents in lis own State, as well as
n many others, 1t is certainly n late
az TO test the constituliOnality Of acts
rhich have been acted upon in this
itatc since its organization. and in
.thcrs for long years past, The pre-
umption of the coHstitutiouality of acts
f the Legislature is always in their
avor. and these acts arc the law Of
hO land, Constitutional or not, until
ho Courts decide otherwise.
We do not claim, as ''B" asserts, an
,yCr Familiarity with tho law" md
We so stated in reply to bis last letter
,ut We do claim to possess 4 rcasona.
DO knowledge of the English Ian.
;uago, Aud speaking of law and
,rccsdents, We would suggest to "B"
hat it is in bad taste in him to call
'ur attention to foreign authorities
when he denies US that privilege. We
.lso, like him, believe that tho Con-
s'.,gtion is, aud should be, the Su.
lp,mnosl law Of the land; ind We are
"ESsr 80 his inserting tue word
tho iI.truApy word that might make
case. IN insult his views of tue
resume hqt iho law as it is, and
II tue law ulltwcd aus what it says.
Scrt or take from wa offender to IN
III tho penal code, We shve and there
. use for jails, aud criminals have no
hesitate to amend even the Did not
to suit their personal emergtlaw
Tho intent Of the Convention is APP.
cut from :hC words themselves.
The idea that tho Convention wou
have inserted the word "othcr" b
they INTENDED tue executive officers
b. made by law members Of the Boa
Of Public Works, loses all its force
view Of tho fact that the Constitute
provides no dutits for any of the exc
uliye officers save and except tho A
torney General and the Governor, al
the Convention could not bv suppOsl
to commit tho folly of using tic G
preston "OiAcr duties" whom no duti
had been prescribed. If "B" "
asked what are tho duties which pc
tain TO the Office of Auditor, Treasure
10, he would have to answer sue
duties as arc prescribed by law" 1t
III the will Of the Legislature to pr,
scribe what their duties shall DO, az
in this they are no where restrained i
the Constitution, but upon the contrar,
full power is conferred upon them.
We never maintained that any oftt
Executive officers named could hol
any other Office than that to which tho
have been elected. But VIC he-etofor
maintained, and now renew the claim
that all the Executive officers are b
the Constitution required to "pcrton
such duties as may Dc prescribed D
tav." In Virginia now duties wcr
constantly accumulating upon tho E1
ecu;ive oiEiCcrs, whereby they were re
quircd, as members Of Boards, and a
individuals, to perform new and in,
pOrtNut duties; and II was never cor
sidered that those duties constituted
separate Office. But prccedents frot
tho Mother State appear OF late to hav
become very distastcful 10 what
known as tho Jacobs Democracy" {
tho "ChiId Of tho Storm: but the OF
prOval Of acts of a similar nature b
Governor Jacob will perhaps be NOR
convincing; and we hero refer TO I'll
Executive journals and proceedings n
matters of public history.
The "lilLlc game Of murtyrdom'
which His Excollcncy tho Governo
has been attempting to play, mus
now play out, at least in this county
Since the republication Of tho letter .
Mr.. VIM. 4, Arnold, mono Of the Gov
ernor's friends hero who aspire to 10
gal learning have the hardilloOd to sa,
that he is right III his claim to unlimi
ted appointing power but rest thoiI
whole cause of complaint upon whal
they claim to he tho illegal constitu,
lion Of the Board of Public Works
This is Il question wholly distinct from
and in no why involving the othel
question as 10 tho extent Of the up.
pointing power which the Governor !,
entitled to exercise under the Consti.
tuition. And if the Governor is uoI
entitled to appoint all officers whose
election or appointment is not provided
for in the Constitution, what cause Of
complaint las he that tue Legislature
has vested this power in another body?
II, as is now admitted by his friends,
the Governor is incorrect in Ills claim
Of appointing power, Of what right has
LC been deprived? What cncroach.
ment has bcvn made upon the Exesa.
tive department by the Legislative .
No power has been taken from that de.
partmcnt, guaranteed 10 it BY the Con.
bu! upon the contrary,
power has been conferred upon The
officers Of that department acting to.
rntlinr tvhich Il seas n,,,;s.I,, .,,.....-, 49,.