Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877, 1873-10-09
THE QUESTION OF DEPUTISEc
EXECUTIVE POWER.

There seems to be, IN some qua
tiers, disposition to regard Senate
Crawford's attempted exercise of ell
ecutive functions as a sort of fame
full experiment, and not an earnes
and sober assertion of constitutions
power. There are some anaiagou
circumstances, however, which Civ
Mr.. Crawford's position the supper
of precedent and furnish it with tn
force of perfected example. Hi
premises we're, in short, that tn
Governor and Lieutenant GoyerEo
being without the State, the execu
tive function depended upon him
self as the President Pro TEN OF The
Senate. He based his conclusion
and found warrant for his action IL
the following Section of the State
Constitution. to wit e: "Article V,
Section II. II. during q va
cancy of the Office of Governor, the
Lieutenant Governor shall be i'm
peached, displaced, resign, die or
become incapable of performing the
duties of the Office or be absent from
tie State, the President pro tsmp0re
Of the Senate sh1U at as Governor,
until the vacancy be filed or the dis
ability cease" And again in Section
Is of the same article We find the
following explicit language: "Sec-
ton 10. In case Of the impeach-
ment of the Governor, or his re-
moval from office, death, inability to
discharge the duties of the said Office,
resignation or absence from tie Sta'e.
the power and duties of the Office
shall devolvs upon the Lieutenant
Governor for the residue Of the term
OF until the disability shall cease"
If these conditions are to
bear the Interpretation of plain
English they mean that when the
Governor is out of the State the
Lieutenant Governor shall act for
him, and that when they are both
away the President Pro lem of the
Senate shall be vested with executive
powers.
Now what are the presidents In
the first place it is matter of noto-
rie:y to everybody in Western Ne
vada that during the Blasdel incum-
bency of the Executive Office, Slim
gerland, frequently did, in Blasdel's
sbsence. exercise, unquestioned, the
duties which devolve upon the Gov
ernor. He issued proclamations
and granted commissions, and no.
body thought of expressing a doubt
Of their validity. By the constitu-
tional terms above quoted it is evil
dent that if the Lieutenant Governor
may act as Governor during the |
mere absence of the chief executive
rom the State, the President Pro
en- may perform those functions
Turing his absence, providing. of
course, that the Governor is away
lso.
In the Summer Of 1869. Blasdel
nd Slingerland were both absent.
81 common consent the duties of the
Office depended upon
he then President pro TEN OF the
enate, Hon. T. D. Edwards. The
act of the matter is that when Bias
el went away las he did, with the
'olfax party, to California, Singer
and being in Michigan. meantime |
e requested General Edwards to as
ume the duties of the executive
flee, and the request was complied
18th and Edwards acted as Gov
nor SO fully as to issue requisi-
on upon the Governor of Arizona ]
r the return of q fugitive from
stice named Cage who, with an
her, was sent within the jurisdic- /,
On of this State in compliance with
Q said rsquisition he issued land 3
.tents covering one piece of real '
tate in Lyon and another in Washoe Q
unity. doing this upon the advice r