The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-06-28

his appointee holds the office until the q
Bembling Of the Senate. When the Ben
ate meets he is required to make a nom
inRtlon for the Office, and upon confirms
ton the officer "shsll hold his office du
ring the remainder OF tho term" IN
section is equally as suggestive Of the Gov
ernOr's authority. to make appointments
Office as the Slh The one appliee TO ID
appointment as an original act and for th
lullterm The other COnfers the powe
to fill vacancy. There Is no dittTenc
In principle between the two cases. Tn
power vested 10 the Governor Is Of III
same nature In both cases. It strikes IN
that II would be as much within Legisla
tive control, TO provide for filling Q vacar
CT by concerning the power 10 make tn
appointment upon some other person tina
the Governor, as Il would be to provid
for filling tho full term. Now it will hardl
be commended that the Governor Is no
empowered by this section 10 I'll! va
canCies In ersry nOn'elective office
subject, OF course, 10 the actiOl
of the Senate In tue premises. AM
he can do this whether the period 10 tn
next appointment for the full term, b
long or short. 1t will be observed also
that this power Is reserved to the Cover
nor whether the Legislature may haVu
prescribed that the office shall be filleC
by an appointment TO be made by somt
OIher person than the Governor or not
This absurdity may occur under the con
struCtion given by our adversaries In re
gard TO the power Of the Legislature ovel
the subject OF appointments, that thI
law may confer on the Board Of Public
Works the power 10 appoint an othCel
for a full term, but cannot appoint hin
TO Oil a vacancy. That is, that 1t would
be prudent and wise 10 give 10 this Board
the greater power, but dangerous ana IN
safe TO permit II 10 exercise the smaller
power. Can any reason be assigned why
tho filling Of a vacancy should DO put
on different footing from appointments
for the full term. Is any more danger TO
be apprehendedl from the exercise Of the
power in the one case than In the other,
Possibly 1t may occur to the other side to
say that vacancies arc very unlikelyto &C.
cur, az "ieW Office. holders die, and none
ever resign and thereforeit was intended
10 confer only an empty honor on the Gov.
ernor by giving him the power Of appoint
mept in cases OF pdcdncy. 1t must be
borne In mind, while considering this sub
ject of appointments TO office, that the 9th
section, like the Sth, is Q new one, not TO
be found in the old Constitution; and that
it relers to the same subject-that oil the
constitutional provisions granted TO the
Governor OF making appointments.
The 10th section OF the same article
empowers the Governor in certain speci.
fed cases to remove any officer whom he
may appoint, under the 9Th and 9lh Sec
tons. This authority is given him be-
cause as large powers are conferred on
him in making appointments, a cores
ponding responsibility should follow; and
as he is responsible for the acts and con-
duct OF his appOintees, SO he should have
the right to remove them for "inCompe-
tency, neglect Of duty, gross immortality,
or malleasancC in Office"
The act which authorizes the Board o.!
Public Works 10 appoint tho Superintend.
ent Of the Penitentiary detracts from-or
rather destroys the constitutional rights Of
the Senate in regard to appointments 10
office, and is therefore void. The Con.
gives the Senate the right to con.
firm or reject the Governors nominees
to office, and no one can be appointed to
office by the Governor until his qualiflca.
tons and fitness for the place have been
and passed upon by that body.
This is very important prcrogative Of
the Senate, and was intended TO protect
the State against inefllCiency in office.
And yet this notwithstanding to the
views Of the other side-is entirely under
the control oil the Legislature, who can
permit 1t 70 be operative, or ipoperat-
i've as they choose. It is claimed that the
9Th section OF the 4th article oil the Con-
gives the Legislature the power
to prescribe not only how appointments
to office shall DO made; but who may
make them; and that under this power,
the Legislature may confer the right
OF appointment on some other person
than the Governor. The section, 80
far as II relates to this subject is, In effect
thus: The Legislature In cases not pro.
vided for in this Constitution shall pre-
scribe the "nldHRer in which officers
shall be elected, appointed and removed.
If the meaning Of the word manner Is
understood there Is no difficulty
here; and there isno conflict whatever be.
tween the 9Th section OF the 9Th article
tho power OF appointment on
thu Governor. and the section which Ru.
thorizes the Legislature TO prescribe the
manner OF making the appointments.
This word simply means mode or Gay,
and the provision oil the Constitution Is
merely an authority to the Legislature to
the mode or Ray In which the
appointment shall be exercised. ThSt
word is used In the Ohio Constitution in
the same sense In which 1t Is used here
referring TO ofilce-and has received ju.
dIcial construction from the highest
courts which must meet the approval Of
every sensible man. In the case OF the
State o.. Kennon, as referred to above,
tho court, in substance, says, that the
word manner refers TO the NODE or lcGy In
which an appointment shall be made,
and not 10 the act Of making the appoint
ment itself. They further say that pre-
scribing tho manner in which IN ap-
pointment shall be made is a legislative
act, while the act of making an
Is an administrative
act. Many illustrations might be
drawn from our Own legislation 10
show tho difference between prescribing
the manner in which an appointment
shall be made, and making the appoint
ment-one will suffice. The law now
under discussion in regard to the appoint.
ment Of the Board Of Directors Of the
Penitentiary, prescribes that five Direct
ors shall be appointed by the Board Of
Public Works. This confers the power
to appoint on the Board Of Public Works
and Is unconstitutional. But 1t further
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