The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-06-26
legislature, so says the Governor, and 80

ia of 1851 and OF the constitution
West Virginia OF 1868 and showed tha
although under the former the Cover
nor was ineligible to any other Office
during his term OF service, yet by act o
the legislature he was made mem6el
of the Board of the Literary Fund
and acted in that capacity until thu
reorganization of the government. Un'
der the reorganized government th'
Governor acted as member OF the
Board of Public Works" and under
the constitution OF West Virginia
which contained the same prohibition
of holding two offices, the Governor
continued 10 act as member OF the
Board of Public Works" in compli,
ance with an act of the legislature
passed in September 1868. Mr.. Fergu
son then proceeded as follows
By chapter Sc OF the code OF West
Virginia, this last act is re-enacted
and continued in force, and looking at
the journals of the House and Senate,
I find that it passed unanimously in
both Houses OF the legislature.
This chapter of the code was in force
when the present constitution took
effect, and, ss l think I have shown,
was not repealed by it. The legislature
met under the present constitution, and
desiring 10 add two more officers to the
board they passed the law that ls now
the subject of controversy.
1t was not vetoed by the Governor,
but on the contrary it was recognized
bv him as valid, and he acted as q
member of the board under it down to
the 4th of March. 1873, along with the
Su perintendent of free schools. In fact
all the Governors of this State recog-
nized these various acts OF the leglsls-
J ture az valid, including the present in
cumbent during the whole o. his first
term, and acted with the board under
them.
We now come to the present constl-
tuition of this State, and we find that /:
contains the same provision prohibiting
the Governor from holding any other
office during his term ofservice, that ls
found in the former constitution OF this
State, and in the constitution OF Vr-
ginia. A.
disability TO the other executive officers
to.wit: The Auditor, Treasurer, State
Superintendent of Free Schools and
ATTORNEY General. This. however,
makes no difference as to the question
in dispute so far as the Governor is
concerned. II he and the other State
officers are Ineligible under the present
constitution to a place in the Board oil
Public Works, he and all the other
Governors named were always ineligible
to q place in that board, and IN the
board otthe literary fund, under all these
constitutions. ,.
now propose to let the constitution
be it's own Interpreter. ..
The first section OF the seventh artl.
Gle provides that the Attorney General
"shall be er o6fcio reporter of the Court
of ofAppeals."
Then comes the fourth section OF the
same article which provides that the
Attorney General shall hold no other
office during his term of service"
Reporter to the Court OF Appeals was
at the time OF the adoption OF the new
constitution an Office, seperate and diss
tipct from all other Offices, and is re-
cognized as such in the constitution.
Section 8, of Article VIII, provides that
"tbe officers of the Supreme Court OF
Appeals, except the reporter, shall be
anpointed bv the Court" &c. Now did
the trainers OF the constitution under-
stand and intend that the Attorney
General should hold two Offices at the
same time, while they declare in
emphatic language that be shall hold
but one?
We sav they intended no such thing.
Tbey intended to be consistent and are
consistent Notwithstanding these seem
inc.y contradictory provisions. They
intended that the duties OF reporter. OF
Cour, OF ..ppeals should be annexed to
the office Of Attorney General, and that
that officer, by virtue OF his office as
Attorney General, should perform in
addition 10 the duties properly pertain
ing to his office, the duties OF reporter
of the Court Of Appeals.
Again. the constitution, section 4,
Article XII, provides that the Cover
nor, Superintendent OF Free Schools,
Auditor and Treasurer shall constitute
,bo nRoard of the School Fund" and
imposes upon them highly important
duties az such. Now will it be con
tended for moment thstthe convention
bv this provision conferred upon these
officers another Office, in addition to that
o! Governor, &c. l think not. The
plain and obvious intention and purpose
of the Convention was to confer upon
and annex to the office OF Governor,
Auditor, &c, the additional duties OF
the Board Of the School Fund" and to
cause these duties to be performed by
these officers by virtue of the offices
they respectively should hold.
We may here add that the present
constitution of Virginia adopted in
1869, provides that the Governor shsll
be ineligible Ito any other Office during
his term OF service" And yet the same
constitution provides that there shall
be Board of Public Works. to con-
sist of the Governor. Auditor and
Treasurer Of the Commonwealth, under
such regulations as may be prescribed
by law" tut
1t also provides that "there shall be
a Board OF Education composed OF the
Governor, Superintendent Of Public In
struction and Attorney General" DC,
and important duties are conferred up
on these officers as such board. Now
if the position assumed by the Cover.
nor and .his defendant be true, the
trainers OF the constitution OF Virginia
after providing that the Governor o'
that State should hold but o1e office,