The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-07-10

fer on him another Office. Such, II
seems to me, is the result OF these sec'
t;ons taken in connection with each
other.
In the case of the People y. Draper,
Is New York R., to which we were re-
ferred by the opposing counsel, 1t was
said by the court: an respect to the
officerl of the State, such ss Secretary
Com ptroller. Treasurer, Attorney Cen
ersl, State Engineer and Surveyor, Ca
nal Commissioners, Inspectors OF the
State Prisons, &c, the mode Of appoint.
ment, and in most cases the duties OF
the officer are fixed, and cannot be al
tered. or transferred. or abolished by the
Legislature" Is New York K: 552')
Upon examining the constitution OF
New York then in force, (see particu-
larly Articles of the Constitution OF
1867 it will be found that the duties
of these officers were not fixed by the
constitution otherwise than by the
mere names given to them, with the
single exception that the Inspectors OF
State Prisons should have the charge
and superintendence of the State Prls-
ons, and should appoint all the officers
therein. r Court Of Appeals OF New
York, therefore, considered the official
title given TO the Office by the Consti-
tuition as fixing its nature and general
scope of the duties appertainiDg TO 1t,
so that it could be altered, transferred
or abolished by the legislature. But
the court proceeds: $50 too the sever
al counties have the imperative right 10
choose sher!ffs, clerks, co'oners and
district attorneys, every three years.
These officers, therefore, cannot be
abolished or the mode OF their appoint
ment changed; nor can the common
law duties pertaining to these offices, SO
far as the names OF the officers are de-
scriptive OF them, be abrosated in any
material respect or transferred 10 9th.
ers." Yet the constitution OF New
York contained nothing but the name
to indicate the powers, duties and res
possibilities appertaining to these Of
fees.
The State U. Hastings, 10 Wisconsin
R. 525, is to the effect. The constituS
ton Of that State Cart. vi, Sec. ., de-
clared'that the Secretary OF State shall
be e. of.cio Auditor, without anything
but the name Auditor to indicate the
duties thus assigned to the Secretary.
The Court Gays: IAN Auditor may, in
general, be defined 10 be person APP
pointed to settle and adjust accounts,
and state or certify the results. In a
more restricted sense. he may be said
to be an officer whose duly It IS to ex.
anime and veriig the accounts OF per-
sons entrusted with the receipt and dis
bursemeut OF public moneys. As used
in our constitution it signifies an officer
whose business it is TO examine snd ctr-
tify the account aud claims against the
State and to keep the accounts between
the State and its Treasurer; and they
held an act Of the Legislature 10 be void
because it attempted 10 assign in part
the powers end duties Of Auditor 10
another officer. Every positive dele
CATION Of power to enc officer or depart
meut," they say, "implies nega:ion Of
its exercise by any other officer, de-
psrtment or person
That the designation OF an office in
the consultation by title OF well known
slgnilcation implies thst the incumbent
shall, in substance at least, have the
powers and perform the duties which
are appropriate to such office, though
there 10 nothing in the constitution but
the name OF the office to indicate what
the powers and duties are. is also deci-
ded by the cases of The State '. Brunst,
7 American r. 81, and Warner y. The
People. 2 DEMO 272.
Our constitution has created an Office
by an official title Of well known sig
4 lficance, that OF Auditor, 1t confers
upon him, therefore, beyond Legislative
control, the essential powers and du-
ties OF that office. But it goes further.
1t Gays that the legislature shall not
appoint him to any office, nor shall be
hold any other Office but Auditor. The
legislature cannot assign to him pow
ers and duties wholly foreign to his
Office OF Auditor.
For distinctness and brevity, l have
spoken OF the Auditor alone, but what
l have said is applicable to the State
Superintendent OF Free Schools, Treas
urer and Attorney General. Neither OF
them, according to the constitution.
can hold any other Office, except that
the Attorney General is to be er-otFcio
reporter of the Court Of Appeals. Il 1t
part Of the functions OF the State SUI
perintendent OF Free Schools, or an At
torney General, though he be also re.
porter OF this court, to manage tb e
Cum berland Road and the Works OF
Internal improvement owned by the
State, appoint &c, the officers employed
about the same, and attend to the ap.
plication of the income. to the repair
and preservation thereof, to appoint &C.,
the Directors and officers ofthe Peniten
tiary and Insane Hospital, fix the COM
pensation OF officers &c, or even to act
as "er-otfciO commissioners o: public
printing"
In the old CAGE Of Hamper y. Haw-
kins, ! Va. Cas-. 90. the legislature un-
dertook to assign chancery jurisdiction
to the judges OF common law court.
But after a most elaborate considera-
ton OF the question, the General Court
Of Virginia held the Act to be unconsti-
tutionsl, because it, in substance, con-
terred a new Office on the common law
judges without their having been elect
ed thereto in the manner prescribed by
the constitution then in force.
In the same case, (See pages o. TO
&c. another is cited in which the
Court OF Appeals OF Virginia held that
the assigning to the judges Of chancery
and admiralty, juri sdiction In common
law cases, may be con sidered as a new
Office" Neither OF tn ese decisions, 60