The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-03-27
Have We u Board of Public Works
In this State?

In this StRte2
To the Editors ofthC lntGlligcnccr.
A Board of Public Works is q public
corporation, and in law there can be no
such corporation without officers. The
Constitution Of this State, It'll article and
4th section, declares that "nCiLhGr the
Governor, State Superintendent OF Free
Schools, Auditor, Treasurer, nor Attorney
General shall hold any Other Office during
his term Of SerUic6." We maintain that
neither oil these public officers can be
selected or appointed by the Legislature"
an officer OF the Board of Public Works.
Nor can they by legislative enactment be
made 10 constitute the Board Of Public
Works. The duties, powers and Authori.
ty OF public corporations are too well dc.
g. fined by law 10 require explanation or dis.
cussion by us. Tho argument advanced
by some that there Is no salary attached
to the Board Of Public Works, and for
that cause member of the Board Is not
an officer, is not sound. and cannot be
sustained by any good legal authori-
ty. But, apart from this, II the
law creating the Board Of Public
Works were constitutional, and the
Legislature had power to impose this adj
ditiOnal duty upon these executive OIL
cers, could 1t be said the salaries they
now get would not be for services per.
formed in discharging the duties of both
OfceSe In other words, the auditor,
whose salary Is fixed at $4,000 per an.
mum, as:suCh officer, when he is made an
officer Of tho Board OF Public Works, and
his duties made obligatory upon him, with.
out additional salary, the $4,000 would
then in that case boa salary Tor 60tA offices.
The Board OF Public Works, rs public
corporation, has conferred upon II by stat.
ute, important public duties, which it is
bound by law to perform. 1t may make
contracts, and for q breach thereof may
be sued, and without m officer no process
could be served upon it, and the injured
party could have no redress. To our
mind tho proposition that there eau DO
suCh thing as an aching legal Board OF
Public Works rittout an officer is too ab.
surd 10 admit Of serious legal discussion
We do not doubt the authority OF the
Legislature TO create by law Board Of
Public Works, and provide By law for its
appointment Of all officers and agents not
expressly the otherwise provided Tor in
the Constitution.
The true solution Of the Stu section o!
the 7th article, which reads, "the Cover
nor, by and with tho advice and consent
OF the Senate, shall appoint all officers
whose offices are established by this Con.
slitution, or shall be created by law" nd.
mits OIL lhis cNplanatiOn-ihat the LCgis-
lature may IN creating nm office, or in IN
Office already created by tho Legislature.
prOUide for filling ii, either by an election
BY tho people, or by appointment by some
designated agent or officer, otter than the
Governor. There are certain offices cs.
tablished by the Constitution ordered 10
be appointed by the Governor by and
with the advice and consent OF the Sem
ate; and the Legislature ii 1t sees proncr
TO do go, may create by law offices and
provide Tor filling them by appointment
by the Governor, with or trihOUt the nd
vice and consent Of tho Senate. There
fore the meaning Of the words in the sth