The democrat. [volume] (Weston, W. Va.) 1868-1874, 1873-05-19
TaEDEGgl;2&55'
MowNOy, MoNtS
WHICH is RiGaTI
The Governor or the Legislature

oiicOr. The Legislature claims tue
right with one cxceplion) to prescribe
The msnUer in which alt officers and
agents shall he elected, appointed or
removed. Which is right?
The Governor, in his veto message
Of the bill concerning the Hospital Tor
the Insane, no! only quotes a decision
rendered by the Supreme Court in
Ohio, which he appears to have read
With but little prodt,-lor, when truly
Interpreted, it is on authority sgsins'
him but he takes Us a text 10 all that
yoIumiuous aud conspicuous message,
the Sth and oh sections Of article I, oI
the Constitution, which reads as fol-
lows.
"sEo. s. The Governor shall nomi.
nate, and By aud with the advice and
consent Of tue Senate. "a mljcrity Ofall
the Senator's elected cOneurriug by
yeas end noys,) appoint all oficel'
whose Offices are established BY this
Constitution, or shall be created BY
law, and whose appointment or election
il not otherwise provided for; aud no
such officer shall be appointed or elected
BY the Legislature"
"Src 8. in ease Of vacancy, dur
ing the recess Of tho Senate, in uuy
ofics which is not elective, the Cover.
nor shall, by appointment, fill such va
caney until the next meeting Of the
Senate, when 10 shall make n nomina.
,iou for such Office, and the person so
nominated, when confirmed by the
Senate, "a majority of all the SeuatOr,
elected conCurring By yeas and nays
shall hold his Office during the remain
der Of the term, and until his successor
shall DO appointed and qualified. NJ
person, after being rejected by tbs
Senate, shall be again nominated foI
the same Office, during the ,ame session
uulsss'at the request Sf the Senate; MOI
shall such person be appointed to til,
same Office during the recess Of th,
Senate"
These sections simply mean this
and nothing more: They mean tia
the Governor shall nominate, and BY
the approval Of the Senate, appoint al
officers, whose Offices arc established BY
tue Constitution and also, oil sucl
officers as are created by act OF III,
Legislature. whose election or appoint
lncnt is not Otherwise provided for
and has no reference to any office
whose office is created by statute, uul
whose election or appointment may b,
provided for by au act Of the Lcgisla
lure.
The OH section, above referred to
provides for filling all vacancies by III,
Governor during the recess Of ii,
Senate. This section also clearly lie
fers to officers whose Office is csiaJ
lished by the Constitution, or create,
by law, "aud whose appointment o
election is NOT otherwise provided for.
In fact, tue power of appointment i
limited 10 these two cascs--to Constit
u,iOnal officers, aud officers created b,
law, the manner Of whose appoinimen
or election /, rot provided for by at
net of the Legislature. lGtho Cousti
tuition creates an Office, or If an act o
the Legislature should DO so, and fiil
10 prescribe tue manner Of nrpointmeu
or election, then. mud in either Of llos
cases, the Governor has tic undouttet
right to appoint the riIiecr, uhGcr lh
provisions Of the Constitution aboy
referred TO, and in case Of vacancy
has a right to Gil the iamo But H.
Governors authority ends here. II
cannot take one step beyond the uu
tlOrity limited BY tho Constitution 0
granted by act Of the Legislature.
This brings US 10 the authority Of lh
Legislature to pass an act, aud uc vii
Dot insult tue intelligence Of our read
crs BY au argument 10 prove that th,
Legislature may pass any law not il
terms prohibited by the Federal Il
State Constitutions. With thcsa limi
tatiOns, the pow er Of the Legislature i
iuprsnc.
by reference TO our Constitution i
will be found that that instrument ha
granted permission to the Legislator,
TO pass laws in specified cases. Uhicl
the Legislature may emit to pass, 10 it
discretion, In other cases, the Lcgi'
laturo is required to pass laws au,
from this duty, when 50 required, ilt
members Of that body have no escape
For illustration, taIc the Slh section 0
the 4th article Of the Constitution
which reads 40 follows:
"1'hc Legislature, in cases mol pro
vidcd for in this Constitution. SNAIL
prescribe by genCtnl laws, the terms o
Office. powers, dulles aud compensation
Of all public officers aud agents, nnt
the manner in which they shall BE-
elected, appointed. and removed
This is mandaloryi aud tic Leg
isla;urs cannot disregard its require.
ihcnts. They arc sworn to support
them, and il would be criminal to disc,
hey. Such being the case, We submit
whether il is just to attribute 10 the
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