The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-06-05
Legislative Essreaehmsnt ana TX.

|Legislative Eneroachment ana TX.
h ecutive Marsyrdom.
From TIA Weston Democrat. 4.
The slisle gsme Of Aartyrdom''
which His Excellency the Governor
has been attempting to play, must now
play out, at least in this county. Since
the republication of the letter OF VIM.
E. Arnold, none Of the Governors
friends here who aspire to legal learn"
ing have the hsrdihood to say that he
is right in his claim OF unlimited ap'
pointing power but rest their whole
cause Of complaint upon what they
claim to be the Illegal constitution OF
the Board OF Public Works. This is q
question wholly distinct from and in
no way involving the other question as
to the extent OF the, appointing power
which the Governor is entitled
to exercise under the Constr
tuition: And il The Governor 10 not en-.
Titled to appoint all officers whoee cleo
ton or appointments is not provided for
ID the Constitution; what cause OF com,
plant has he that the Legislature has
vested this power In another bodyf /,
az is now admitted by his friends. the
Governor is incorrect in his claim OF
appointing power, Of what right has he
been deprived What encroachment
has been made upon the Executive de-
partment BY the Legislative No power
has been taken from that department
guaranteed tolt by the Constitution
but upon the contrary, power has been
conferred upon the officers Of that de-
psrtment acting together, which it was
entirely competent for the. Legislature,
Is is now admitted by the Governors
friends, to have placed elsewhere. The
Governor had no Constitutional right,
then, to appoint Directors Tor the
Hospital for the Insane, and it was
entirely competent for the Legislature
to take 1t away from him; aud in
doing so, as a mere ques-l
ton Of public policy. without deciding
upon the legal status of the Board OF
Public Works, it is certainly in keeping
with precedents 10 confer it upon that
body, who have heretofore appointed
Directors OF the Penitentiary, Regents
of the University and all others whose
duty it was to look after public works
or public institutions. The Legislature
has only in the single instauce of the
appointment Of Directors OF the Hospi-
tel for the Insane, taken from the
Governor any appointing power which
it has been customary heretofore for
him to exercise. All the hue and cry
that has been raised by the Republicans
and the Governors friends has FONDA.
ton only in the fact that the appoint.
ment OF nine Directors has been taken
from him and given to body upon whom
it has been the policy OF our laws to con-.
fe, such powers. Because this has
been done we are told that the honest
Governor is q martyr, and that the
Legislature hes encroached upon his
constitutional prerogatite; and after,
as they have supposed, exciting public
sentiment in his favor, they endeayor
| to creep out of their absurd position by
claiming that the act creating the
Board of Public Works. is uhconstitu-.
tional. Whether that act be uncon-
stitutional or not, has nothing to do
with whether the Governor has the
right to appoin. all officers whose elece
ton or appointment is not provided for
in the Constitution, or whether the leg
islative department Of government has
eucroached upon the executive depart
ment. 70. ~ {. -:... b 80 -