The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-06-26

unuCu W ouOthOA ShASS'
8. That the act in question, instea
of being an appointment to office, sim
ply annexes to q number OF offices al
ready existing and filled, additions
powers and duties" and enjoins thei
performance upon these officers.
4. That the duties enjoined on thi
board by the acts in question and tn
other acts in relation thereto, are prop
erly executive and administrative Il
their character, and such as may right
fully be conferred upon the officer
composing said board, under that pro
vision OF the constitution which say
they "shall perform such duties as ma.
be prescribed by law"
5. That when these officers cit as
Board of Public Works" they do 81
as Governor, Auditor, Treasurer, State
Superintendent Of Schools and Attorne,,
General, and by virtue Of their office
az such, and that in go doing they ar
not "holding two offices at the same
time"
G That when these officers sit as
Board OF Public Works the validity o
their action, as such board, is derived
solely from the fact that they hold tn
offices named in the act, and that wheI
they cease to be such officers, the!
cease to be members of said board.
7. That the Constitution OF Virgins
OF 1851, as interpreted and understood
by many of its trainers, by the legisla'
ture of the State, and by the Governor
who held Office under it, did not pre-
vent the Governor Of that State from
being made member OF a board which
was public corporation, to-wit: "Tht
Board of the Literary Fund" notwith'
standing the provision of the constitu'
ton which declared that he should bt
ineligible ITO any other office during
his term Of service"
s. That the same Interpretation wa
placed upon that constitution by th'
first legislature which sat at Wheeling
under the re-organized government o
Virginia, and by the then Governor o.
the State under that government.
9, That the said constitution as agair
interpreted by the Legislature OF the re-
organized government did not preven
the Governor from sitting as a member
OF the Board OF Public Works aftel
they had abolished the board as it ex-
listed under said constitution.
10. That the first constitution OF Yves
Virginia, as construed by many OF it:
irsm era, by the legislature Of the State
of 1863 and of 1868, and by all th'
Governors OF the State including Cover
nor Jacob himself, did not prevent th'
Governor from acting as a member o.
public corporation, to wit: "Th'
Board OF Public Works" notwithstand
ing that provision OF the constitution
which declares that "the person acting
as Governor shall not be elected or ap-
pointed to any other Office during hi
term OF service" in which opinion one
of the senior counsel for the defense
then concurred.
II. That the present constitution o1
this State as interpreted by. the lsgisla
ture and by the present Governor or
the 18th day of January last, did moi
prevent the Governor, Auditor, Treas
urer, State Superintendent of Schools
and Attorney General from acting a.
members ofa public corporation, to wit
"The Board OF Public Works." not
withstanding the provision thereof
which declares that neither the Gov
ernor, State Superintendent Of Free
Schools, Auditor, Treasurer, nor At
toruey General shall hold any other
office during the term OF his service.
IL. That said constitution as inter-
preted both by the legislature and Gov
ernor, on the 1st day Of April last, did
not prevent the Auditor, Treasurer, and
OF Free Schools from
being made Commissioners OF Public
Printing, Notwithstanding the same
provision OF the constitution last
quoted.
l3. That the principle involved in
the passage OF the act creating the
Commissioners OF public printing is
precisely the same as that involved in
the passage OF the law creating the
Board of Public Works; and that the
principle is in no way affected or chang
ed because the one is made corpora
ton and the other is not. That the
true point in controversy is not as TO the
form, mode, or manner in which addi'
tional official power and duties can be
annexed to and conferred upon offices
and officers already existing, but wheth,
er these additional official powers can
be annexed to and conferred upon them
in any form, mode or manner.
IA. That all the Governors Of Vir'
ginia and West Virginia, many OF them
distinguished both for their statesman
ship and legal learning, including The
distinguished statesman and jurist who
now 60 ably fills the chief executive
office OF this State, accepted the posi-
tions assigned them by these various
aCts, IN tuese puUlIS Ooi POI a'IOue, ouu
regularly discharged their official duties
therein.
Is. And finally that the present con-
stitution as interpreted by itself, did moi
mean by the provision preventing the
Governor and the other officers named
from holding any other office during
their term of service to, prevent the ad'
dition Of other executive and admins.
trative duties to their offices as Governor
&c, than those properly pertaining
thereto; and that this is clearly showu
by the TACT that the constitution, in two
instances, made these very additions tc
the official duties OF these officers. And
in this connection the court will OBJ
serve that the constitution does not say
that these officers shall hold no Other
Office, ereept as herein otherrise prorided
during their term OF service, which GER
tainly would have been the language
used if it's trainers had supposed thsl
the anne1ing Of additional powers and