The democrat. [volume] (Weston, W. Va.) 1868-1874, 1873-07-28

reason Of this section the Legislature
cannot eOnferupou allthe officers OftAC
executive department by law tho power
Of appointment 10 Office, Il canuOt cou'
fer the power upon the governor alone
lftho power TO gil all offices was intend
ed By The trainers Of tho constitution IC
be eOn6nei to The single mode Of ap'
pointmeut pointed out IN ibis section
when moi Otherwise provided for in tht
constitution, why did they al the con
,oluSion Of tho section add these words
"and no such officer shall be appointed
by fhe legislature" Such II provision,
if such was The purpose was aud IL
wholly unnecessary and meaningless
Again il may be well asked why did
Che trainers Of the constitution insert The
10th section Of the Oh article in ths
constitution which reads thus, "the leg
islature shall moi coafsr upon my courl
or judge The power Of appointment tc
office further than the same is here
in provided for" With the con-
struction aforesaid of said 9Th sec.
Ofart. ! this section was and is also
augatory and meaningless. Again,
iftae construction commended abSvs
indicated for iscorrect, then SO much
of the Sth sec, Of the 4th art. as re.
,quircs the legislature in cases not
provided for in the constitution to
prescribe by general laws tho man
ner in which all public officers shall
bcelectcd or appointed was also un.
necessary and meaningless. Ifthis
construction is right, the manner Of
appointment is provided by said sth
sec. of art. Z. The 9Th sec, of art.
a ofthe constitution is a literal Q opy
,ofthe same sec. 10 art. 8 ofthe con.
stitution Of this state of 1858.
Prescribing the manner in which
public officers shall be elected, APP
pointed and removed as provided in
the 9Th sec. of art. 8 ofthe former
constitution Of this state includes
the agent or power who shall appoint
as we'll as the fOrmality with which
it shall DO done according to tho
practical legislative construction
given to itwhils in force. See chap
1913, sec q code OfWest Va, chap
IS, sec. % ofsamc, chap. I and 4 Of
same, and other legislation to which
itisunnecsssary specially to refer.
This construction was never contror
verified, butapprovel and acquirsced
in. The same may be said of the
Legislative construction ofthe word
"mannor," as used in art. 4, sec. 6
of the Constitution Of Virginia,
1SlO, chap. "a.
The sane may be said of the leg.
islative construction placed on the
same word as employed in the con
stitutiOn Of Va. Of 1851 in art. 8,
sec. 10. Sec code of Va. of 1860,
chap. "a. And tile same as to the
same word in article 4, sec. 80 oil
same constitution. See code Of Va,
of 1860, chap. 9, Z, s and 10. In
the case of Taft vs. Adams, decided
in the supreme court Of Mns.achu,
sets, aud reported in Sd, Grave R.
1875, Shaw, Q. j., in delivering the
opinion ofthe court says, "when it
is said in this statute that county
commissioners shall be chosen in the
inanner prescribed in the revised
statutes," we think this expression
means not only the warrant for the
meeting, and balloting by the 70.
tiers in towns, but extends to all
the other provisions necessary to
give effect to the choice; such as
returning examining and declaring
the votes, SO as to make complete
election to the Office The former
constitution of this state in art. 8,
Sec. 6, provides that sail officers
unler this constitution may be re.
moved from Office for misconduct,
incompetency, neglect of duty OF
other cause, in such manner as may
be prescribed BY general laws. .
Sec. Z efthe same art provides that
vacancies in Office ''sllsll be filled in
such manner as may be prescribed
by law" The word "manncr" as
used in these two sections was eyi.
IDENTIFY intended to authorize the
legislature to designate what tribu
nal should exercise the power OIL
removal from office, and who should
gil vacancies in office. The legis
lature SO construed it, and acted
accordingly by passing appropriat,
laws providing the tribunal to re-
move and who should fill vacancies
in office. In section 16 Of article {
of the same constitution it is proyi
ded that the attorney general ma,
be removed from office ''in the SAINT
manner as the judges" It will b,
seen by reference to the 18th sec
tiou of the same article, that it pro
rides as follows: "Judges may b,
removed from Office for misconduct
incompetence or neglect of duty oil
on nnnrintinn Of nm inE, mona A..