The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-06-28

Governor power to gil the vacancy
10 any office, which Is not elective, dur
ing the recess of the Senate, By his own
unqualified and uncontrolled appoint
ment; and his appointee holds the of.
fee until the assembling OF the Senate.
When the Senate meets he is required
to make nomination for the Office aud
upon confirmation the officer shall
hold his office during the remainder oi
the term" This section is equally as
suggestive of the Governors authority
to make appointments to office as the
9Th. The one applies to the appoint
ment as an original act and for the full
term. The other confers the power to
eli q vacancy and there is no difference
in principle between the two cases.
The power vested in the Governor is Of
the same nature 10 both cases. 1t
strikes me that it would be as much
within the legislative control to
provide 70 filling q vacancy by confer
ring thelpower to make the appointment
upon some other person than the Cow
vernon, as it would be to provide for
filing the full term. Now it will
hardly be conten6ed that the Govern
or is not empowered by the section to
fill vacancies in every non elective of-
fce-subject, OF course. to the
action of the Senate in the premises.
And he can do this, whether the period
to the next appointment for the full
term be long or short. Ii will be OBJ
served also, that this power is reserved
to the Governor, whether the legisla.
ture may have prescribed that the Office
shall be filled by an appointment to be
made by some other person than the
Governor or not. This absurdity may
occur under the construction given BY
our adversaries in regard to the power
of the legislature, over the subject OF
appointments, tn at the law may confer
on the Board OF Public Works the pow
er to appoint an officer for the full
term, but cannot appoint him to the va.
cancy. That is, that it would be prn-
dent and wise to give to this Board the
great power, but dsngerous to permit
it to exercise the smaller power. Can
any reason be assigned why the filling
of vacancies should be put on different
footing from appointments for the full
term2 lie any more danger TO be ap.
pretended from the exercise oil the
power in the one case, than the other Z
Possibly it may occur to the other side,
to say that vacancies are likely 10 be
rare, as few Office holders die, and
none ever resign" and therefore it was
intended to confer only an empty honor
on the Governor, by giving him the
power Of appointment in cases OF rded,''
cy. It must be borne in mind. W lille
considering this subject OF appointments
to Office, that the 9th section like the
Sth, 10 q new one. not to be found in the
old constitution; and that it refers TO
the same subject-that Of the constitu-
tional power granted to the Governor
Of making appointments.
The 10th section Of the same article
empowers the Governor, in certain sPe-
CITED cases, to remove any officer whom
he may appoint, under the 9th and 9th
sections. This authority is given 70 him
because as large powers are conferred
on him, in making appointments, a
corresponding responsibility should fol-
low; and as he is responsible for the
acts and conduct Of his appointees, 90
he should have the. right 10 remove
them for "incompetency. neglect OF duty
gross immortality, or malfeasance IN
office" .,
The act which authorizes the BOARD
OF Public Works to sppoint the Super
intepdent OF the Penitentiary, detract'
from, or rather destroys the constitution
al rights OF the Senate, in regard to sp'
pointments to Office, and lie therefore
void. The Constitution gives the Sen
ate the right to confirm or reject th'
Governors nominees to Office; and nc
one can be appointed TO office, by th,
Governor, until bis qualifications sn1
fitness for the place have been examl'
ned and psssed upon by that body
This is a very important prerogatlve o.
the Senate; aud was intended to proiec
the State against insufficiency in office
And yet this function OF the Senate
according to the views OF the other side
is entirely under the control Of TIT
Legislature, who can permit i! 10 b
operative or imperative as they choose
1t is claimed that the 9Th section 0
the 4th article OF the Constitution, give
the Legislature The power 10 prescrib
| not only kov appointments 10 offic'
shall be made, but who may make them
and that under this power the Legisia
ture may confer the right OF appoint
ment on some other person than tn
Governor. The section 90 far az it re-
lates TO this subject. is in effect this; tb
Legislature in cases not provided for il
this Constitution, shall prescribe tn
"uanney." in which officers shall b,
elected, appointed and removed. !
the meaning OF The word manner j
properly understood, there is 90 diff
Guilty here; and there is no confic
whatever between the 9Th section OF tn
7th article conferripg the power Of ap
pointmept on the Governor, and the sec
lions which authorizes the legisistur'
to prescribe the mansser Of making th
appointment. This word simply mean
mode or Oay; and the provision OF tn
constitution is merely an authority Il
the Legislature to prescribe the mode o
,oay in which the sppointment shah b
eIercised.. That word ia nsed IN th
Ohio constitution, 10 the came sehse ],
which it is used here-referring Il
oifce--and has received q judicial con
struction from their highest court
which must meet the approval OF every
sensible man. In the case Of the Stat
vs. KennoD, ;. &c, referred to above, tn
court in substance says: Tbs. the vorC
manner refers 10 the mode or vay il
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