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

sanS In scccntin i he nS.t to q; 49, Ne
her of the Road Of The LjtsTSrv FrnI
he therefore. took no new ofyIcc hn, n.y.
acting strictlv in dloobayge nj Tho Snr "aa
pirate duties of bis own Office oS Gnye,
nor. have said All along thai viii.
under the provisions of our Constitnii"n
lorbldding the Governor. Auditor ,Sc
iron holding any Other office The GoVsr
nor must be Governor ONLY And The Xndi.
tor must be Auditor oniy, ACCORDING IN
the constitutional meaning OF those terms
vel within the general scope Of the c0usli
iutionul Office assigned TO either of them
lie Legislature may ,pnaSIibe and repu-
late the appropriate powers, dutisSln6Fe.
gponsibfIitfes Of the 6iI6efs -
Nor can see hat kWheH in 1858 the
Governor 81 g AID q iaeidt 6i t6e BosnI
q P1bllc .Wbtks Of than period, be passed
beyond the constitutional limits Of his
own proper office Of chief executive Of the
State, charged With The duty Of seeiuV
that the laws ii relation 10 public works
owned or undertaken by the State, were
Rnt bST-Goes t6e question stand IN 70.
lation 10 The subordinate oficers 81 the
executive deparinentP IA 81 nan Of the
couSfitutionaI Office of Attorney Genera
Anil Reoorier OF the Court Of Appeals. In
attend 10 the repair and presefyation Of
the Cumberland Road-to appoint colIec.
tors ri tolls and superiutenden,s for Ina,
road and The public works oil the State
n aDnoint az the Compensation Of and
remoye from office The directors and o.
ficeEs Of the public institutions 81 The
stSts$ or arc, these the iEppfobTiSte
Snnctiona Of ne constitutional ofSce Of
TrcasnTer Anditor, or Of Staie Superin-
tendenf of Free schoolsP 7' .
the an action oF Article " Of our
rcnnetitn,ion Ia az follows. HTho I,epis.
!Iotnre in cases not Drovided for In his
ConstItntion shsll prescribe by general
Iawa tbe terms az 5ffice. poWerSs duties
and com nenustior nj an nublic offlcers AMI
accents , and fHs ,ndnnEr inyghich thew shRll
ne eIected annointed and removed:h and
T. Ia Commended that this section author
;Ssa tho I,eOislatufe TO name or designate
Inc persons by whom such appointments
sbRll bo made.
The Constitution of Ohio proyideJ
fArt, II, Sec. a7O that 1.-THE election and
ACKNOWLEDGEMENT all officers, and he filling
NJ all vacancies. not otherwise nroyIdnj
for nv this Constitution. orthe ConStitu'-
fion at the United Ststes ANAL be mad.
IN Tieh manner As n1sy Be directed by
law" and nv another Clause. IArt, VII
Sac' WThE directors of. the PeDitentia-
~ sbSIl he Amounted or elected IN such
SSannSr as tbe General Assembly shall di.
Tactm ,The T,ppfslaiure of Ohio. Iby the
acis IN which nave already referred. d.
Tected that The Commissioners of the
State Honse and directors OF lhe Penl,ep.
tisrv should be appointed by KenuoD
Medbery and Caldwell; and in the case Of
he 6trts v. Rennon and Others: 7 Ohio
State r itwaq- elaborately argued by the
nonSseI for Tho defendantS. t6at this VA,
,1niv, directing the munner In which tlr
,Commissioners of the State House and
'DIrectors Of lhu Penitentiary should be
anpofnted. The court however, decided
oiberwise, The say in their opinion: "TO
make good this claim IL must be made To
gnneoS that the mower 10 direct the man
1fr, rhp mode. The way in which All nct
shall bO done, and the power 10 do lLr
ACT itsCli, ure one and the same thipc
But that tney are moi identical or couiva
Icnt 10 egch other, ia TOO clear Tor nrgu
Inent, and almost too clear for i!luslfa.
tion,"(o SOY And again: "CUrcedinr
Tor the sake If argument, thu, II would be
competent Tor The Legislature TO constitute
u board oil Commissioners for the nj
pUintment oil directors Of the penitentiary,
It Is clear that the Legislature cannot, un
der the Constitution, itself appoint Ani
designate the members Of such boarl
They must be either elected by the pco-
pie OF tue State, or appointed by sO!ur
constitutional agency other than the Gen
eral Assembly" Up. Sol Even Judge
Swan Is clear on this point Hesays
"Now, providing by law the manner iu
which an appointment shall be made and
making the appointment Itself, are two
different things; the first Is pointing out
the mode in which thing shall be done,
and the other is doing the thing ITSELF
tho one is legislative and directory, the
other administrative" (P. SOY q.
Few words, il any, in the English lau-
guage, or in any other language, (eHcrpI
mathematical terms, J are ofsuch fixed and
lnfexible Specification, that their mean
Ing cannot he qualified BY the context
10 which they are found, AMI the subject
matter TO which they are applied; and
do not contend that the word naRner,
when used with reference To appointments
Of office, may not be so modified as to in.
clude the persous by whom. as well ~ the
mode in which, such appointments shall
be made, II the context REQUIRE such sig
MITIGATION " be given TO il. Bot in tleSih
section OF Article ". as in the CORES
bonding provisions of The Ohio Constilu-
lion, there Is nothing that can perceive
10 require US 70 deyiate from the proper
meaning Of the term.
The 9Th section oil Article " must be
in connection with the Slh SIC.