The democrat. [volume] (Weston, W. Va.) 1868-1874, 1873-07-21

Ouly to the limitations and restrictions
imposed by the people themEelv0s'Or
IVY the Constitution Of The United
States The Constitution Of = State 10
tue grant Of power to the executive
aud judiciary dep artmen.s Of the gov.
erAment, while il is only the limitatiOn
to the powers Of The legislative depart
mcpt. The authority to make laws
must have large discretion as to tho
means by which they shall be executed,
aud 1t may refer tho performance Of
many duties provided by law to tho
Chief Executive, or to any other exc
cutiys or ministerial officer.
The cOtemp0raueous or practical con.
structiOn Of provision in q .COnEsltu.
ton. or Of a similar provision in preyi-
GUS Constitutions, mny be rcsOr.Cd TO,
and is entitled to great weight with
tho courts when the time arrives at
which q judicial decision becomes nee.
sssary; aud It furnishes strong pre-.
sumption, when it has been generally
acquiesced in and accepted Us correct,
that such construction rightly inter
prets tho intention. Il has been a
time. honored usage in Virginia aud
continued 10 West Virginia ever since
its formation, 10 cause certain duties
which might have been assigned to
officers specially appointed for The pur.
pose. to DO performed by officers al.
ready appointed for general service and
associated by law III tue form Of q
Board" or q Corporation" for tho
more convenient discharge of such da-
ties. and for tho supposed benefit Of
united Counsels; and tho acts pro.
Scribing this form Of service have nev.
or been questioned as unconstitutional,
either because they violated The pro.
vision in the constitution separating
tue three departments Of government
and fOrbiddiug the exercise by either Of
the powers belonging 10 tho other, or
the exercise by any person Of tile pow
ers Of more than one Of these depart.
ments at the same timc, with Q single
exception permitting Justices Of the
Peace to be members Of the General
Assembly y or because Of the proyis-
ion fOrbidding certain officers FROM per-
forming tho duties Of any other Oftic.
during their term Of service. The
Constitution of 1776 fOrbids the exor.
else BY either department. Of tho pow
Ors properly belonging to tho others, or
the exercise by one person Of The pow
ers Of more than one department at the
Same time, aud yet an act Of February
l2, 1911, constitutes tho Governor,
Lieutenant Governor, Treasurer, Al.
tOrncy General, and President Of tue
Court Of Appeals q body polite aud
corporate under the name Of President
and Directors Of the Literary Fund -
This was re.enac,ed 10 1910. An act
Of FObru ary 8, 1916 constituted cor
poration under the name Of the Presi.
dent and Directors Of tho Board Of
Public Works, to consist Of The Gov.
Crnor, Treasurer, Attorney General
and ten citizens. An act Of February
10, 1920, provided that 10 Tie absence
Of the President Of The Court Of Ap.
pSals the senior Judge Of that Court
should act as member of tue BO,rd
Of Directors Of tho Literary Fund, 10
lieu Of the President. An act Of Feb.
ruary %. 1920, made thO Board to
consist Of the Governor, Treasurer
and First Auditor, 10 perpOtuato the
corporation Of the President aud Di.
rOctors Of the Literary Fund.
The Constitution adopted January
IA, 1880, contains the same division
Of the powers Of government aud for.
bids the exercise by either Of tho pow.
ers Of the others or the exercise by any
person Of tho powers Of more than one
Of them at the same time. And yet
an act Of March 10, 1881, constituted
the Governor. Treasurer, Attorney
General and Second Auditor corpo.
ration by the name Of the Prssideu.
and Directors Of the Northwestern
Turnpike Road, for the purpose of
constructing turnpike road on State
account from Winchester to tho Ohio
River. An act ofApril 9, 1881, 70.
pealed former laws constituting the
Board Of Public Works, and made tho
Board thereafter to consist Of tho Gov.
ernor, Lieutenant Governor, Treasur.
er aud Second Auditor. An act Of
February "a, 1898 provided that the
Governor, Lieutenant Governor,
Treasurer, Auditor and Second Audi.
tor should be ex officio tue President
and Directors Of q corporation known
as tho James River Company, the
stock and property Of which belonged
to the State. An act Of March 8,
1888, provided that the Governor,
Treasurer, Auditor and Second Audi.
tor, should thereafter constitute The
Beard Of Public Works, the James
River Company. tho Board Of tue Lit.
crazy Fund, and tho Northwestern
i IL. 80 II