The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-03-20
1t'hreIlno aeNlster.
The APPOINTING POWER.

cruOT JACOb lutSuus ouopiihS 'ne ic'
olutionary course OF disregarding tht
acts OF the Legislature concerning the
Board OF Public Works, and to appoint 6
new Board in accordance with his owl
views and TO carry out his own purposes
He claims authority to do this by vlr'
tue OF the Sth section OF Article VII o.
the Constitution, which provides that
The Governor shall nominate, and
by aud With the consent OF the Senate,
IA majority OF the Senators elected con-
curing by yeas and nays,) appoint all
officers whose offices are s;abllshed by
tins Constitution, or shall be created by
law, and whose appointment or election
Is not otherwise provided for; and no
such officer shall be appointed or elected
by he Legislature
The Board OF Public Works has al
ways heretofore been created by the
legislature END its duties regulated by
staute. Chapter So OF the Code OF
1865 preScrIbes the members OF whom
,he Board shall consist and gives to 1t
sulborlty over the Cumberland road
"sud all works OF internal improvement
owned bv the State. 70 this, subseo
q leut statutes have added the appoint
meut OF directors of the State Peniten-
yiary, the Hospital Tor the Insane; the
Asvlnm tor the Deaf, Dumb and Blind,
AMI other institutions under State con
,roI. The present legisat ire has en-
Iarsrd the former Board by adding
ihrrei" the Attorney General snd
r.e State Superintendent OF Free
Schools. aud, we believe, the
act making these additions met with
the approval of the Governor and be-
came a law. The legislature has also
enlarged somewhat the powers Of the
Board thus constituted, and by several
statute. has provided that it shall have
the power OF appointing minor officers
whose offices have been created by law
and are not otherwise provided for.
The question now arises upon the
proper construction Of the words in the
Constitution, whose appointment or
election are not otherwise provided for.
A. We understand The Governor claim,
il is that the portion OF tie section re-
TERED to should be interpreted as il 'oI-
lowed by the words, "in this Constitu-
tion;" while it is held upon the other
hand that the appointing power is only
,,a,-i :. ,'.~ "-~~--~- ~ "aspa where
the appointment or election OF the Of
fcer a is not otherwise provided for by
mr.
We are very sure that this latter con-
strncuon was the one intended by the
and bv those who voted Tor
ratification OF the Constitution. The
iIes that the Governor should appoint
and the Senate confirm all the officers
v, os- offices might be created by law,
WAS unheard OF and unjreamed OF by
any member of the Convention. The
provides for the establish
,n.nt by law OF a thorough aud etfi-
cirnt system of Tree schools. The
law necessary for carrying this con-
st,tutionaI provision into effect
must of necessity create a
number Of mi nOr offices in every county
and d strict in the State. If the Cover
nnr's Interpretation of the Constitution
be the correct one, he is to appoint ana
The Senate confirm every one OF the
trustees, directors, or commissioners I'D
every school district in the State, in-
stead OF permitting their election by the
p.ape, a. the law prescr'bes and a7
everybody understood would be
the rule Neither the Convention nor The
pppple ever contemplated such an inter
rrs,stion of the Constitutional clause a.
has been invented to meet the demands
y, Radical and Jacobin office seekers IN
West Virginia.
The Legislature has already set the
.eaI Of d,sspprob4tion upon the Gover-
nor's ideas IN this regard, and we feel
sure that it will be abuniantly sustain
ed by the voters of the State. II MS
Fxrp'lercy now sees fit TO inaugurate n
evolution. and bring about IN this Sta'e
the anarchy and confusion that
exist in Louisiana or Alaoam', the
wav is open Tor the attempt. with a
le.s's,pre that il, in either branch,
ov,rwhelmi, Civ Democratic and that
;s -nsrained by a public sentiment enc
nrelv adverse to The proposed encroach'
mtn,s 0, executive power, hs prospects
o. success are ov no means f1atterlng
The legislature will doubtless find
..me means OF securing executive ooe'
irnce 10 law.
Foster.
Foster, it is said sleeps well, at least
tive the deputy sheriffs who watch nm