The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-04-01
cHARL ESToN.

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The App0suttaE P0Wer-A PrepOs-
ferrous llnIm-The IncOnststenry y
Of ghe 60veFn0p-tspave Complies.
tons Thrcasened-Pregr Of Leg.
hlsston. 1H-
Especial Correspondence Of the Register.l
The chief question that is agitating
legislative circles in Charleston just
now, relates to the relative powers Of
the Legislature and the Governor. The
conflict Of opinion 10 becoming day af-
ter day, more decided and more bitter,
and it is impossible 10 tell what the
end will be. The legislature holds the
position Of vantage during the session
and is not slow in declaring what the
Governor shall do, and in providing
for emergencies as they arise; but what
the Governor uiH do after the adjourn.
ment Of the Legislature is still sealed
book whose contents can only he inter-
red from the casual and incautious re-
MARKS OF bis recognized advisors.
TIE GROUND OF DIFFERENCE
May be briefly stated, and. as this is
matter that may lead 10 grave compli.
cations in our State affairs, it is impor-
tant that it be clearly understood The
Governor claims that by virtue Of Sec-
ton 7 and Article VIII OF the Censt-
tuition be is authorized to appoint all
officers whose offices are established by
the Constitution or that shall be created
By dw, whose appointment or election
are not otherwise provided for in the
Consultation itself. In other words, the
Legislature can establish BY law no
Office whatever that can be filled in any
other manner than by appointment by
the Governor and confirmation by the
Senate.
Upon the other hand, the Legislature
contends that 10 accordance with Sec
ton 8 OF Article Nv OF the Constitu
ton, the Legislature has ample power
to prescribe how officers shall be elected
or appointed "in cases not provided for
in this Constitution When an office is
established by law, the legislature
claims the right 10 say whether tie off,
Ger shall be elected by the people, sp-
pointed by the County or Circuit Court,
or by the Board Of Public Works; or
whether the place shall be filled by
appointment by the Governor.
Upon tits rock the Governor and his
piebald supporters have chosen to split
from the majority party in the Leglsla-
ture.
THE INSANE ASYLUM VETO.
About week ago the Legislature
passed bill amendatory to an act rels'
tive TO the Hospital for the Insane,
which bill provided that "the Board OF
Public Works" CONSISTING of the Gov.
ernor. Auditor, Treasurer. Superinten-
dent Of Free Schools and the Attorney
Geperal) should. under certain restric-
tions, appoint Board of Directors Ior
the said Hospital On last Tuesday
the bill was returned to the Senate
where it originated, with the objections
OF the Governor set forth in volumi-
nous veto message which is generally
understood to be the composite work oil
Smith, Sweeney, Fitznugh and others
who compose the Kitchen Cabinet"
and the military staff of Governor
Jacob. The slogan Of "the o Brien"
and the martial beroics Of the Brax'on
county warrior are missed, but their
absence is &C oupted for by the tact
that these valiant henchmen are 1t |
present on duty in other portions OF the
domain. In this message the d )ctrine
is distinctly asserted that the bill in
question was unconstitutional because
il vested in the Board OF Public Works
power of appointment that, according
to the assumption OF the Jacobites, be-
longs TO the Governor alone.
OTHER vEroEs.
Since that time several other bills
have been vetoed upon the same
ground A bill providing the manner
OF appointing a State Librarian; and
a bill providing how Commissioners iG
Cnsncery may be appointed, have been
severally made the subject OF Guberna-
torial disspprovsl Tor the reason that
they intringed upon his newly discover
ed prerogstive.
TIE BOARD OF PUBLIC WORKS.
But the question at to the power OF
the legislature to prescribe the manner
in which offices established by law may
be filled, is still further complicated by
an astonishing revelation that has
recently dswDed upon the Governors
mind iu relation TO the constitutional
existence OF the corporation styled the
Board of Public Works. To suit the
exgencies OF the situation, some visio.
nary voter for the so-called honest
John" has suggested that membership
in the Board referred to is IAN office"
which is incom pstibIe with the enjoy
meut OF the positions to which the CO.
vernon, Auditor and others have been
elected by the people and, as the Con-
stitution tosbids these executive officers
from holding any other Office during
their term OF service, it is held that, by
acting as members OF the Board OF
Public Works, the Auditor, Treasurer,
Attorney General and State Superinten.
dent of Free Schools have virtually va.
Gated the offices to which they we're
severslly elected last fall, and their
heads are at the mercy Of his serene
hiabuess Governor Jacob. The Cover
nor proposes to extrrcate himself from
the misery into which bis associates in
the State government are logically
plunged. BY making an express ressrva'
ton to the effect that This theory
shall take effect and be in force on and
alter the 4th day o. March, 1873"
eUBsRNAroRIAL rREosDrHr.