The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-07-10

and render both the executive and iu-
dicial departments more independent
OF the legislative. The veto granted To
the Governor, the power OF sppointment
contemplated by the constitution, And
the adoption OF the Msdisouian princl.
pie that The legislature should have
nothing to do with designating the men
who are to fll the offices. are striking
proofs OF whs. | have eaid.
| But an ingenious plaa has been
devised to defeat in Substance, While
obeYiug in form. the constitutional pro-
hibi,ion sgsiGs; legislative appoint-
ments TO Office. While il il colceded
that the legislature canpot asaigu 70
certain persons by name the power and
duty OF appointing Others 10 Office.
because this would be 10 Appoint TO
office the person 20 named, 1t ia argued
that the legislature may amer 20 ex.
istiug offices the functions OF Board OF
Public Works and Public Appoint
ments; for this. il is said. is only pre-
scribiug the powers and duties OF ex-
isting offices, the incumbents OF which
have already been elected or appointed
by lawful authority. 3d.. ''..-..
The opinion Of Judge Swan is quoted
by our opponents from 7 Ohio State r,
57l, $40. in support OF this proposition.
But it was not an opinion OF the Court,
aud 80 ia as appears. no other judge
concuIred in it. No other authority
has been referred to to support the dis.
tinction taken by the opposing counsel,
and the decision in the North Carolina
case is directly TO the contrary.
II the legislature could pass the act
Of January IA, 1873, they can repeal il.
II they could re-orgsnize the Board OF
Public Works and give vitality to Il,
they can re organize the present one. II
they can dsafr the functions Of Q Board
oil Public Works aud Public Appoint
ments 70 the existing offices OF State
Superintendent Of Free Schools, At.
torney General. DC. they can at any
time disanner ihem. Whenever these
officers cease TO represent the legislative
will In the matter OF appointments, the
legislature can repeal the act OF January
l4th, 1873, and annex this power Of Ap.
pointing others TO Office 10 other exisL.
ing offices. The legislature, by an
evasion in substance o, the constitution
while observing its forms. would thus
retain entire control OF the power OF
designating the men who are to Oil the
of'ices While they would not appoint
suy one 10 office 20 nomine and by OF.
fetal title, they would from time 10
time, according to their own good pleas.
ure. and by way OF prescribing the
powers 10 be exercised and the duties TO
be performed by existing officers. annex
the power OF appointment TO existing
Offices, the incumbents OF which would
be the representatiVesot the legislative
will. 'ra " rH.
In the North Carolina case. the
legislature OF that State undertook to
annex the power Of appointment there
brought in question TO the Offices ol the
President OF the Senate aud Speaker Of
the House. apd we venture 10 sugget
ibis as an Improvement on the plan
contemplated by the acts OF our lcgIs-
lsture. Each House may remove its
ovo officer n, pleasure and sppoint
another 10 bic place. The Presidest ot
the Senate ard Speaker OF the House
may be removed At any time. should
they, by design or mistake make suoh
appointments as do not suit the ltgisIa~
tive majority; ard their successors can
at once correct the error by removing
tie unfortunate appoin'ees Who havs
occurred the legislative dispiessuSs. and
pu,liog others in their places. B.sidss
The Auditor, State Superintendent ol
Free Schools, &c are forbidden BY The
constitution 70 hold any other ofiiee.
while there is no such prohibition in
terms 10 relation 10 the PrssideHt Of
the Senate or Speaker Of the House.
That Argument would, therefore, be gol
rid Of; though III. objection wonid re.
main that this plan too would BET mere
soa,iou Of the direct prohibition Of the
constitution agains. legislative sppoip''
ments 10 office. T'. - %
Ibave already remarked. that when
legislative power Is limited, i - an es-
,abI'shsd rule tha, the limitation shall
not be rendered inefectusl by any de.
vice or evasion. Il,
rs the proposition 10 be maintained
said Chief Jus,ice Marshall, 1 Pstsrs
Concluded ON Fourth PassI ..rs-r