The democrat. [volume] (Weston, W. Va.) 1868-1874, 1873-06-02
mnAg B0TEI SIDES.
Cracking thc Nutshell.
orr Correspondent "B" ON the
Appointing Power
w,ru 4 SLdmr RgJOtSpEn THGaETo.


b the Editor Of he Dcmocrat. d,
In accepting your cordial invitation b,
"erack tho nutshell" which you Ii
ava me in your remarks upoD my $,
Of last week, under the '
anton Of "The Whole Question ip a +,
;atshell," | propose to inyestzats y
he various questions involved 50 Tut y
hose who may consider thu saNj'e p
Worthy Of pcrusal, may be enabled o., to :
'nnroximato u conclusion. We must
W make naked assertions aud thOn
,xpect them to be received as true
Nbst We say ought to bear some scaI'
! lance Of sincerity aud candor, II We
attempt to furnish anything Of sola sou,
ION n tho questions that are OF such
. stsa i importance 1ps to the people. My
to sesret IBs pure. however much
UutsEoI," and fad 1itta y have nothing iPs
my conclusions were not sappVi.,.
by reason or authority" All will ad.
nit tina! ono Of the great objects of
written Constitutions is to kCcptho three
departments Of government us distinct
US possible. Hence it has been remark.
cd that tho new Constitution is one
Of "prohiJitiim, limita,ion Gad res.
friction" There is no department upon
which it is more important to impose
restraints than the Legislative depart.
mont. The natural tendency of
thingsis almost alSnys to augment
tic power Of that in its relation to the
other two branches Tho Legislature
isa numerous body and generally car.
ries with it great force Of public
opinion ; but just at this particular
time Alas! ho'o The mighty hare
fallen y | regret to say, have bro't
reprOach upon its own head Why {?
Because ii has enCrOached upon the
Executive department by its total dis.
regard Of the Constitutional prohibi.
tory provision which declares that il
sAlR mol appoint or elect to any office
mcaliyncd N tic Coastiialioa Or crea.
ted BY lac. And its constituency,
knowing full well the established prin.
ciplo Of law, that tho Constitution is
the supreme law Of the land, aud that
every act Of that body, contrary to law
is void al initiO, ore DESTROYS to sec
its supremacy maintained. Let us
consider the points Of difference be.
tween US, viz that tho Legislature
has not created any new Office" but
"lias only enlarged tue duties" Of the
Governor, .Amiitor, Treasurer, ARor.
ney General, and Superintendent ofI
Free Schools, so as to embrace duties
Of II separate and distinct "eot poratioa,
which shall DO and continue under tho
style Of the B,ard Of Pubic Works /"
Corporations arc either public or pri.
vate. Public corporations" SAYS
Chief Justice Blackstone, "arc such as
have bccn created for the purpose of
municipal government" And again,
SharwOols note to the same says,
there are some persons and assoeia.
tons who have Il corporate capacity
only for particular specified ends, who
can, III that capacity, sue and be sued
us an artificial person. Such bodies
are termed quasi corporatiyas.' Yet,
MS it. is not essential to corporation
tLat it shoall be vested with all the
usual powers Of corporations, but only
that it should DO clothed with u per.
petual succession, and be recognized
by law as an artificial person. Such
JO,lieS rcally are eorporatioas." There
being no question as to the corporate
capacity Of the Board Of Puuic
Works" it remains for Us to NEE,
your oft.rcpeutcd argument in regard
to the enlargement of tho duties of
thOsO who, by the act of the Lcgisla.
turc, arc appointed to Gil the Offices Of
saii Board. In support of this posi-.
lion you have repeatedly quoted
the latter purt Of tho frs. section
of the It'll article of the Constitution,
which says, referring to tic duties Of
tue Governor, Auditor, Treasurer, &c.,
That they shall peJolm such duties as
nay Dc prescribed BY law." Now, /
maintain tha! your Interpretation Of
Ills language is wholly wrong. for the
reason that if the trainers Of tho Cop.
,titutiun had intended ouch duties to
he required as those belonging to the
- Board Of Public Works." that the
word OTHER would have boon inherited
lnd tlon it would have read thus, :
and they shall perform such or!irR ,
iuligs as may DO prescribed by law. :
This construction is warranted by an. :
lhcr part Of the same section Of the I
antG article, which declares THAT the +,
Attorney General shall be or o5icio i
reporter of tho Court Of Appeals !"
Where was tho necessity Of Inserting !,
ueli language as this, Il it had been !
nteudcd that the Legislature might n
nlarge his duties to that of Reporter ? =
Nc 1t had been tue Intention Of the n
TO reconcile this section !,
18th tho 4th section Of tho same arti. ="
lie, which reads, "Mciticr Tie Gorcy- a a
n, AadiiOr, Treasurer, de-, MqH :
all aay o'hcrofice during Tie term ok
is Mreitc, would it not at tic samc =
me have said \ t lhey (the Cover. IN
yr, Auditor, Sc } shall be and con- 81 :,
itutO, ec ggieia, a hoard or Public i
turks | therefore still insist that =,
,ur CONSTRUCTION Of this constitutional b