The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-06-27

Clearly section 4 OF article Z contains
such prohibition.
GMr. Hogeman then quoted at length
from 2 Brockeubrough's Reports, p.
lO3; 66 North Carolina, p. SO; Z Ohio,
State Reports p. $50; and II Illinois,
.. 1875, defining what constitutes an
office. He said j
The Illinois constitution, adopted In
1870, was frequently referred to in the
convention which framed our present
constitution. Many Of the provisions
found in our constitution were taken
from that of Illinois. From the re-
marksble identity OF the provisions OF
the two constitutions respecting ap-
pointments to Office it is almost certain
that our constitution in that particular
was copied from that Of Illinois. Ii
this is q fact, any light which the llli-
nois constitution may thow on the sub
iect under consideration will for wise
and familiar reasons have great weight
in interpreting the same clause OF our
own constitution. II this proposition
is true there can be but little controo
versy as to what the constitution means
by the terms "office" and Officers.
The Illinois constitution contains with
in itself a clear, concise aud just defnl-
ton OF these terms. By reference to
article 5 and section "a, the following
definition will be found: "Au office is
a public position created by the constl'
tuition or law, continuing during the
pleasure OF the appointing power, or
for fixed time with q successor elected
or appointed.
To the same effect are the cases re-
ported in 9 Gill and johnson, p. 391;
3 Wallace, p. Sc; "a Michigan, p. 62;
l Virginia cases p. 20; II Ohio, ). p
l3O; 46 New York, p. 3Sl.
These authorities clearly show that
the Board of Public Works is an office
and that every member OF the Board Is
an officer. ,
But this is unquestionably establish
ed by referring to the origin OF the
Board when all it's members were
elected by popular vote. That they
were then officers no one dare question,
Why they shall be any lees 80 now
when, instead of being elected. they
are appointed it is difficult to see.
1t follows that the act OF January
II, 1873, in so far as it appoints the
Governor and others to another office is
void.
GMr. Hogeman then proceeded to
show that the legislature is prohibited
from appointing to office and cited nu-
merous authorities. He showed also
that the legislature cannot delegate an
authority which it is itself prohibited
from exercising. He continued as fol-
lows
But the complainant relies on the fol-
lowing provision Of the constitution
viz:
"That the legislature, in cases not
provided for in this constitution, shall
prescribe by general law, the terms OF
office, powers, duties, and compensation
OF all public officers and agents, and the
manner in which they shall be elected,
appointed and removed" and insists
that the power to prescribe the manner
of appointment confers the power o.!
appointment. But to sustain this prop
osition will lead to consequences against
which the people, in revising the con-
slitution, were especially anxious TO
guard. An unfortunate experience, con-
tinuiug over a period OF many years,
had taught them the danger Of entrust-
ing to the legislature too much power
respecting the Offices Of the State. In
demanding that the constitution should
be remodeled aud reformed, they there
fore insisted as first and primary OBJ
ject that great changes should be made
in this respect. The convention reflect
ed this sentiment of the people, and in
framing the constitution provided
guards and limitations upon the exer-
else OF powers that under the old con-
stitution had been greatly abused. 3To
give to this section the construction
placed upon it by the complainants
counsel would defeat this object Of the
convention and people, aud would justi-
fy even greater legislative enormites
under the present than under the form
er constitution.
1t must be remembered that il this
construction is applied to appoint
ments it must by the same mode OF
reasoning be applied to elections and
removals; they are all in the same
sentence and connection and the power
which exists in one case exists in the
others. Can it be supposed that either
the convention or people intended to
invest the legislature with the
extraordinary power Of removing
from Office any officer for any
cause at any time which a
legislative whim might suggest; and yet
the complainants construction will in
evitably lead TO such results. This is
also true OF elections; because il this
section is susceptible OF such construc-
ton it enables the legislature to substi-
tute itself as electors in all cases in
which, for political or other purposes,
the interests OF the dominant PARTY
mightrequire it. The fair and reasona-
bic construction OF the section is far
from this, and preserves perfectly con-
sistent this and the eighth section OF
article seven. The purpose OF this
section was 10 enable the legislature TO
designate the time and place of appoint.
ment, the qualifications such as resi-
dence, oath and bond Of the persons
and the term OF service.
Such mas been the judicial construction
OF similar provisions in the constitution.
The case OF Brown Is OConnell 80
Conn p. 435 and 4 American cases p.
81 were cited TO show the construction
put upon the words "in such manner"
The State OF Ohio, &c, "a Kennanl ct az
raE plao reIeyred IN and nunta,iop made