The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-04-17
Concerning the Constitutional Pow.
er Of Appointment


err Of Appointment.
To the Editors OF the Intelligence:
It's generally conceded that had John
C. Breckenridge been elected President Of
the United States in 1850, and the south.
crn gDIce holders continued in office, there
would have been no war; and had John
son N. Camden been elected Governor Of
this State on the 22nd Of August, 1872 by
which all Of q certain set Of politicians
would have been appointed to office, there
would not now be in this State any con-
fict between the Legislature and the Gov.
ernor. Article flee OF the Constitution Of
this State on tho division oGthe powers oil
the Government, declares that the 1.-THE
Legislative, Executive and Judicial De-
partments shall be separate and distinct
so that neither shall exercise the powers
properly belonging to either OF the Others;
nor shall any person exercise the powers
Of more than one olthem at the same time,
except that justices Of the peace shall be
eligible 10 the Legislature. The COnsti-
tuition has plainly defined its own mean
ing; and also the powers and duties Of oil
public officers Of the Government, under
the several heads Legislative, Executive
and Judicial Department. A member Of
the Legislature has no power to exercise
Executive or Judicial powers Save and
except that Of Justice Of the Peace
during his term oil service, nor has
an Executive or Judicial officer power
TO exercise Legislative functions during
the term Of his Office. And o Judge or
other Judicial officer has no power to ex-
ercise an Executive power during the
term for which he is elected. The Legis'
lature by the 9Th section Of the 7th ar.
ticle of the Constitution Is expressly pro-
hibited from appointing or electing any
one 10 Office" and this must be taken to
mean what II. cannot do directly, 1t can
not do indirectly. That is to say, il the
Legislature cannot OF itself appoint any
one to office, 1t cannot constitute Board
or other agent to do what 1t cannot do
itself. The latter clause Of the 17th sec
ton Of 7th article Of the Constitution eH:
pressly recognizes tho Cglcldl status OF
Directors Of the PenitentiRry and Hos
pital for the Insane and other public in
situations OF the State. 1t reads: 1.-THE
subordinate officers Of the Executive de-
partment, and tie officers Of all Me public
inStitutiOnS Of STATE, shall keep an account
Of all monies rSceired or disburSed BY them
respectively from al sources, and for eUery
service performed, and make a soDIt.GnHud!
report 10 tie Governor under oath or afr.
mutton, and any o6lcer tQltO shall 1oiltuLy
make a false report, shall b deemed guilty
Of perjury" What officers Of all the pub.
lie institutions oil the State are herein re.
Quired to make scmiaunual reports to the
Governor? Docs any one doubt that the
Hospital for the Insane Is public
institution? We think not Or does
any doubt, that the directors anu superin-
tendent OF said Hospital arc the officers
recognized by the 18th section Of the 7th
article Of the Constitution? II 1t does,
we ask Of him 10 tell Us what officers then
OF all the public institutions OF the State,
are therein referred to! Can it be
they are class of officers Matched out by
the Legislature through the Board oil Pub
lie Works, and manufactured out Of the
members Of that body? VIII come one Of
the many doctors Of the new Board In
form the public. The Legislature ought
TO have amended the Constitution so as
TO have required the officers Of all the
public institutions Of the State to make
their semiannual report 10 the Board Of
Public Works. instead Of to the Governor,
the power who appointed them. As it
now is, it is an anomalous proceeding TO
require the cBicerS Of all the public insti-
tutiOns Of the State to make their report
TO the Governor, when he Is denied'b by
the Legislature all authority TO appoint
them or power to remove them Tor official
misconduct. That the Penitentiary,
Hospital for the Insane, State University
and Institution for the Deaf, Dumb and
Blind arc public institutions, no one dis
putes;a and that the directors OF those public
institutions are C6icerS and recognized as
such by the 17th section Of the 18th article
Of the Constitution, there can be no
doubt; and that the Legislature
has no power through the present Board
Of Public Works to appoint them is equal.
ly clear. As the law now Is, the appoint
ment OF directors of the public institu-
tons Of the State comes under the 9Th
section Of the 9Th article Ofthe Constitu-
ton, and Is devolved upon the Governor
by and with the advice and consent of
the Senate. That section reads: 1.-THE
Governor shall nominate, and by and
with the advice and consent Of the Sen
ate "a majority Of all the Senators elected
concurring by yeas and nsys) sp.
point, all officers, whose offices are es-
tRblshed by this Constitution or shall be
created by law, and whose appointment
or election Is not otherwise provided for;
and no such officer Shda Do appointed or
elected By tho LcDiSldtlsf6. y The Constitu.
ton when read altogether mud carefully
will be found to DO harmonious, and its
meaning plain; and upon all points which
may seem to be obscure or ambiguous, II
furnishes Of itself the best authority for
its calculation. X. Y. q.
MARRIED.