The democrat. [volume] (Weston, W. Va.) 1868-1874, 1873-04-21
From the Charleston Courier
Executive Pretensioas.

From the Charleston Courier
Executive Pretenstons.
Governor jacob insists thu. the act
passed by the present Legislature, Gre
a,ing a Board Of Public Works to Goa
sis. Of the Governor, Auditor, Treas.
urer, Superintendent Of Free School,
and tho Attorney. G enoral and consti,u'
ting tia corporation, is unconstitutional,
because tho Constitution. Art VII,
Section 4, declares that "nSither the
Governor, State Superintendent of Free
Schools, Auditor, Treasurer nor Attor.
ney General, shall hold any other Office
during bis term Of service" He does
not prorv, but assumes tba. member.
ship Of tho Board Of Public Works IA
an Office and thus begs tue question
Is the membership of this Board 40
Office within the meaning Of that torn
as used in tho Constitution, Art. VII,
Section 4?
The word Office has several signifca.
lions, meaning sometimes The place oil
trustee, sometimes an agency anG again
arOom occupied By an officer, &c, The
term as used in this section is used in
It's ordinary legal Specification which Is
ga right to exercise n public or private
employment. aud to take the fees and
emolum.ntS thereto belonging : Bur.
rells Law Dict'ry, Vol. ., P 2b7; 2
III. Com. p 80.
1.-THE idea Of an Office clearly embra.
ces the idea Of tenure, duration fees or
snolumsnts, rights and pOwers,as well
as that Of duiy."-Ib.
"0Hics is a right and corresponding
duty to exercise public OR private en-.
ploymeut, szd to take the emOluments
thencc arising. "-3 Kents Com. 454.
Let the membership Of this Board be
tested by these definitions. Its mem.
bcrs, as such, have no power to act sing.
". Neither have they any right or
corresponding duty to exercise either a
public or private employment, and to
take the Om0lunents thence arising.
nor are they required to tako an oath
Of Office as members of tue Board. 1t
is tho Bosrd-the COrporation-which
acts rs the agent or trustee otthe State
IN tho management Of certain Of its af-
fairs.
The State Offices arc created by the
Constitution, but tho duties Of these
officer, are prescribed by Statute under
that provision of tho fundamental lay
which requires tho Legislature in eases
not provided for 10 tho Constitution, to
prescribe by general laws the powers
and duties OF all public officers and
agents. Constitution, Art. ", Sec. s.
Why may not the Legislature, then in
addition 10 certain other duties which il
has attached to tue Office ofAuditor at Z.
lAch the further duty of sitting as a
member of,ho Board Of Public Works?
The Office Of Magistrate was original
lyItrirtly judicial olIico, and yet many
duties not judicial have been attached
by Statute to that Office. A Magistrate
now holds Court as q Judge ; be is q
ooaseryalOr Of the peace and Notary,
and yet It would scarcely be commended
even by the Governor that Magistrate
nov holds three distinct Offices.
lfthon, the membership Of this Board
is not an Office within the meaning Of
tLat term as used in the Constitution,
tho assignment Of tho State officers to
duty as members Of the Board is not an
exercise by tue Legislature of the power
10 elect or appoint to Office, aud to uu
dcriaks the duties thus prescribed is not
to accept az office. 1t IL because the
gentlemen who compose the Board
lave been elected to the several State
Offices that they do so compose il, and
when they act as members Of tho Board
they act as Auditor, Treasurer. &C..
each disrharging q duty attached to bis
respective office, This view has been
accepted and acted upon by maOy Leg.
islatures, aud has received the sanction
Of many eminent lawyers, whose views
have to a grOa. sxtont controlled those
bodies. Thero ARE at least fourteen
States where constitutions prohibit the
Governor from holding my other Office
during bis term Of service, aud in
many, II not all oftb0m, be has been
made 4 member Of some board or pub.
liz corporation
Oaii@uis, Indiana, Ohio and Ore.
ron, for example arc Of these States.
.fbs Governor u California Is by law a
OF four boards The Board Of
to dispose Of State prop
,rly, tic Board Of Directors Of tho
80 i;b-sty the Hoard Of Education \