The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-07-10

ore called IN the Constitution Itself a
subordinate officers Of ~ RrteutiOs Depart
E0ent, (Article VII, Sections II, 1877 Ghsl
without violating the C0llitu'
ton, make the chief in eject IA S1b6Idt
nate, nor the subordinAtss che chi6t Rq
this seemS 70 have been DE sub lncei an
purpose oil the legislHiloA q last session.
Alter Chief Justice Marshall, It may
truly be said that James Madison Is GU
highest authority on constitutional law
In the debate in the first Congress which
was assembled under the present Constitu
ton tths United State, when theque4uoi
of the power OF removal from office wa
under consideration, he expressed him
self as follows: ut Is needless TO aSslg1
my reasons why I think the Legislature
not in possession Of this power. The
were fully explained before. therefor
shall only say, that IL there is principle
in our Goustitution-indeed, in any ire
conStitution-more sacred than another
it Is that which separates the legislative
executive and judicial powers II ther'
isIApy point In which the separation o III
legislative and executive poYers ought Y
10 be maintained with greater caution, !
is that which relates 70 oticers anf
offices. The powers relative to offices ar
partly legislative and partly executive
The Legislature creates the Office, define
the powers, limits its duration, and an
nexes compensation. This done, no !Hg
iAlGtire popsr CEASES. They ought to haD'
nothing 70 do 9th designating the ma" TO IL
R.s CBiee. That lDHeeive (. 6s Of an srecI
he Hatus = We oughi
always to consider the Constitution With
an eye to the principles on which IT wa
Funded"
AS an instance Of an affirmative proVls
ion limiting legislative power, I refer tf
the ninth section OF Article VII OF oul
Constitution, which provides that, Ii
case OF a vacancy, during the recess OF thE
Senate, in any office which Is not elective
the Governor shall by appointment, IL
such vacancy until the next meeting oil tht
Senate, when be shall make nomination
Tor such office, and the person 80 nomina-
ted, when confirmed by The Senate, Ia
Of all the Senators elected CON
curing by yeas and nays, shall hold hi
office during the remainder Of the term
and until his successor shall be appointed
and qualified"
The office of the Directors Of the West
Virginia Hospital for the Insane L. not ar
elective one, yet the Legislature, In utter
Of this section Of the Consti'
tuition, have provided in the act OF March
%, 1873, that their Board OF Public Ap-.
pOintments shall fill all vacancies thai
may occur therein. The Office OF Dtrec-
tors OF the Penitentiary Ia not an elective
one, but the act Of April /, 1873, provides
that vacancies therein shall be filled as
they occur by the Board OF Public Works,
The office OF Superintendent Of the Peni-
Ientiary is not elective, but the same acl
provides that said Board may fill any va
cancy that may occur in the office OF Su-
(AetS Of The last session, pages
Ice, ITO, 171.)
In determining the operation and effect
81 any particular part Of the constitution,
.hc whole Is to be examined with q view
10 arrive at tho true intention. The
proper method Of discovering the true
OF any section Is by comparing
i with other sections, and finding out the
.ense Of one clause by the words OF OBJ
Vious intent OF another, Cooley C0ElSt. Lin.
p. 81 recollecting always that 1t is the In
.ention OF the people who adopt II, rather
han the form Of expression used in any
particular clause, which Is to be regarded.
Cooley 55.)
In q constitution, beyond any other in
Itrument, different clauses qualify each
other, one limiting or explaining the other,
)r constituting an exception 10 It. This
.esults necessarily from the brevity Of the
the nature and extent Of the
iublects OF which it treats, and the gen.
srality Of its provisions.
In the case Of tie People Y. Potter, AZ New
York, II. 37s, $40, the principles appli-
able hero are stated in the following
erms by the court: "The argument by
which the appellants position is sought
O be sustained Is confined to q considera.
ion OF the 9th sec. Of the 9Th article Of
he constitution. To DO successful, 1t
must not only be 80 restricted, but he must
insist upon rigid literal and exclusive ad.
ference 10 the terms Of the section. In
his it runs counter 10 cardinal canons OF
In the construction Of q
aw, every part vi 1t must be viewed in
with the whole, 30 as 10 make
I possible all its parts harmonious, Il
Gent's Com. 462) The intent OF the law
maker is TO be sought for. When 1t Is
discovered, it is 10 prevail over the literal
meaning OF the words Of any part Of the
aw. And this intent Is to be disCoV-
red, not alone by considering the
words OF any part, but by ascertaining
he general purpose oil the, whole, and by
the evil which existed calling
or the new enactment, and the remedy
which was sought to be applied. And
when the intent Of the whole 10 discOv-
red, no part is to be 90 construed, as that
he general purpose shall be thWarted, but
III Is to be made to conform 10 reason and
,ood discretion, Il Kents Con-. 4G2 }
And the same rules apply TO the con.
truction Of a constitution as TO that OF a
tatute law"
Where legislative power is limited,
Iither by the prohibitions or attlrma.
i've provisions Of the constitution, the
imitation cannot be rendered Intellectual
" any device. The constitution regards
ubstanCe, not forms the thing, not the
lame. Us New York r. $50, 5G3, the
People Y. Drdper.
The people in the constitution have
aid 20 the Legislature: "You shall not
Ippoint to office. With ono exception,
hat each House shall appoint its own Of
lcers, the power Of appointment Is not
intrusted TO you" --lf g.
No such provision is to be found in any
ormcr constitution Of Virginia or West
Virginia. In the constitutions OF other
,taies, it Is TO be found in the latest only,
md believe 1t will be found In all the re-
And why is thisl Because the people
ave been convinced by experience, that
il there Is a principle" 10 repeat the
words Of MsdiSonO "in any free conStitu-
ion more sacred than another, 1t Is that
which separates the Legislative, executive
2. HI - :, ~ -, he, Ea,,T,