The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-04-16
ExecutivePretentions.

Governor jacob insists that the act
passed by the present Legislature. cres'
ting Board OF Public Works to copsis
Of the Governor, Auditor, Treasurer
Superintendent Of Free Schools anc
the Attorney General, and constituting
It corporation is unconstitutional, be-
cause the Constitution, Art VII, Section
4, declares that neither the Governor
State Superintendent of Free Schools
Auditor, Treasurer nor Attorney Gen.
eral, shall hold any other Office during
bis term Of service" he does not prov'
but assumes thai membership OF the
Board of Public Works is an Office snc
thus begs the question. Is tie mem
bership OF this Board an Office within
the meaning Of that term as used in the
Constitution, C Article VII. Section 4?
The word office has several signlti "a.
tions, meaning sometimes the place o.
trustee, sometimes an agency and again
room occupied by su officer, &C, &c
The term as used in this section is used
in it's ordinary legal Specification which
is "a right to exercise a public or pri-
vste employment and to take the fees
and emoluments thereto belonging. -
Burrelps Law Dict'ry, Vol.2, . PSI;
Bl Com. p. SO.
"The idea Of an Office clearly embra-
ces the idea OF tenure, duration, fees or
emoluments rights and powers as well
as that OF duty. ."-Ib.
"Ofice ia a right and corresponding
duty to exercise public or private EN-
ployrent and to take the emolume nts
thence arising."-3 Kents Com 454.
Let the member-hip OF this Board be
tested by these definitions. Its mem
bers, as suca, have no powers to act
singIy. Neither have they any right
or corresponding duty to exercise either
a public or private employment, and to
take the emoluments thence arising,
nor, are they required to take 40 oath
OF office as members of the Board 1t
is the Bosrd-the Corporation-which
acts as the agent or trustee Of the State
in the management Of certain OF It's
affairs.
The State officers are created by the
Constitution, but the duties Of these Of
ficers are prescribed by Statute under
that provision OF the fundamental law
which requires the Legislature in cases
not provided tor in the Constitution, to
prescribe BY general laws the powers
and duties OF all public officers and
agents. Constitution, Art Nv, Sec s
Why may not the Legislature, then in
addition to certain other duties which
it has attached to the Office OF Anitor
attach the further duty Of sitting as a
member OF the Board OF Public Works?
The office OF Magistrate was original
ly strictly a Judicial office aud vet many
duties not Judicial, have been attached
by Statute to that office. A Magistrate
now holds Court as Judge; be is a
cynservator of the peace and Notary,
and vet it would scarsely be contended
even by the Governor that Magistrate
now holds three distinct Office
Irthen, the membership OF this Board
is not an office within the meaning OF
that term as used in the Constitution
the assignment OF the State officers TO
duty a. members OF The Board is not an
exercise bv the Legislature OF the power
to elect or appoint to office, and to un-
dertake the duties thus prescribed is
not to accept an office 1t is because
the gentlemen who compose the b rard
have been elec ed to the several State
Offices that they do 8, compose it and
wnen they act as members Of the Board
they act as Auditor. Treasurer. &c,
ca ,h discharginga du.v attached TO
his respective office. This view has
been accepted aud acted upon by many
Legis,a lures and has received the sanc-
ton oil many eminent lawyers, whose
views have to a great extent controlled
these bodies. There are at least four
teen States where constitutions prohibit
the Governor from holding any other OF
flee during his term OF service, and IN
many, it not all of them, he has been
made a member OF some board or pub.
lc corporation.
California. Indiana, Ohio and Oregon
for example are OF these States The
Governor OF California is by law a
member OF four boards. The Board Of
Commissioners to dispose OF State pro-
perty, the Board Of Directors OF the
State Library. the Board OF Education
and the Board of Examiners. The Gov
erpor OF I~I;o :. a r"o."ber OF Sta te
Board Of ducation. The Governor o.
OHIO is neu.Oe. y, rhr ~ Jard OF Libra
~ Commissioners. The Governor OF Or
egon is member OF the Board OF Com
missioners tor the sale OF school lands
The Constitution (of 1851 Of Virgin
ia prohibited the Governor from hold
ing any other office. The Code o.
Virginia made him 8 member OF the
Board of the Library fund.
The former Constitution OF this State
prohibited the Governor from holding
sny otber office and vet the statute
made him q member OF the Board o
Public Works, and every Governor un
der that Constitution including the pre-
sent Governor acted as member o.
this Board
When the act wss passed by th'
present Legislature creating the Bosrt
| OF Public Works, Governor Jacob die
not disspprove it. He recognized IL
validity and acted as a member OF th'
Board. 1t was not uutll two gentle
men, Of that clsas which was proscrrb'
ed and prosecu ed by the Radical party
who had been elected by large major
ties 10 Two OF the State Offices, became
members Of this Board, that he va
. ,o,bI.i uith dnuhta as tn the cOpstItu.