The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-04-21

vidsd for" The Governor says;
81 see no difficulty in ascertaining the
meaning OF the clause, Whose appoint.
ment is not otherwise provided for.
Other parts of the Constitution made
special provision tor the appointment
and election OF officers; for instance Sec
ton eight of article eight declares that
the officers OF the supreme court OF sp-
peals, except the reporter, shall be ap'
pointed by the court, or IN vacation by
the judge thereof Now the first part
OF section eight of article seven is very
comprehensive: The Governor shall
nominate, and by and With
the advice and consent of the
Senate "a majority OF all the
Senators elected concurring by yeas
and nays appoint all officers whose
offices are established BY this Constitn-
ton or shall be created by law. 1t
this proposition had been permitted to
stand az above it might have been con-
sttued % authorize the Governor to
appoint all officers of the State IN dl-
rect conflict with some OF the most
vital provisions Of that instrument. 10
prevent the possibility OF any such mis-
construction, and to bring this section
in harmony with other parts OF the
Constitution it was eminently proper TO
add to it the qualifying clause whose ap'
pointment or election is not otherwise
provided for IN this Constitution.
The words we have italicized are net
found in the Constitution. They are
added by the Governor to show the In
depreciation he puts npon the phrase
mot otherwise provided for" and they
exhibit the whole matter in controversy.
If this does not constitute a claim OF
the power of appointing all officers moi
specifically provided for in the Constr
tuto on il is d difficult to see how the
Governor could make such a claim.
Under this Interpretation he vetoed the
bill giving the Board Of Public Works
authority to appoint Directors Tor the
Hospital for the Insane He denies the
power Of the legislature to provide for
the appointment OF Commissioners IN
Chancery, and some of his friends in
the House Of Delegates, carrying out
his theory, claimed tor hun author
itv to appoint a Judge for the Municl'
pal Court OF Wheeling.
The doctrine is so sweeping in ito
terms that it embraces every officer In
the State whose office 10 created by act
Of the legislature. All OF the various
officers required to administer the
school system; all who conduct cleo :
tons; all municipal officers throughout
the State; aud probably five hundred
others charged with the performance
of various dulies, hold their places by
virtue OF l. gisIat've enactment and are
mot otherwise provided for" in the
Constitution. The Governors claim
a. TO his power OF appointment accord
ipglv embraces all these. He cannot
under his theory, claim some and
exclude Others. If bis Interpretation
OF the Constitution be admitted at all
!; must be carried to its fullest extent.
|, is this dangerous assumption Of
oower that has startled the legislature
and the people OF the State and has
created the controversy that engender-
ed so much bitterness between the Gov
ernor and the legislature The appoint
ment OF a State Librarian, or tht
Superintendent ofthe Cumberland Road
or OF the Boards OF Directors OF the va
rious charitable or criminal institutions
in the State would doubtless have beer
given to the Governor by law, if tina
officer had been willing to recognize thu
authority o. the legislature to contro
the matter at all Bv claiming to-
much, he has lost the patronage which
he might have otherwise enjoyed. l
il too late for MIN now to attempt t,
deuv that ne has ever assumed the au
thor,u claimed in his message in rela
ton to the Hospital for the Insane.