The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-07-10

krAU1g Au4 k49 6oASAeA eSSf@ ~ 49, ess.hN
0pertAining 10 It, SO that II could not be
] ALFRED, transferred or sboliShed BY the
J Legislature. But thecourt proceed: "so
TOO the several counties have tho tmpera-
ge right to choose aharidj, clerks coro'
Iners and district, attorneys, every three
years. These officers, therefore, cannot
be abolished nor the mode OF their sp'
pointment changed; nor can the common
law duties pertaining 10 these offices, 30
| far as the nAmea OF the officers are de-
scriplive OF them, be Sbrogated In any
material respect or transferred TO others.
Yet the Constitution Of New York con.
tanned nothing but the name TO indicate
the poRers, dntieS and responsibilities ap'
pertaining 10 these oflce9,
Tie Stdk '. HdstinQS, 10 Wisconsin K.
525, is TO the same effect. The ConStitu-
ton Of that State, (Art. VI, Sec. % DO
clRred that the Secretary Of State shAll be
er oblei0 Auditor, without anything but
the name auditor" TO Indicate the du'
ties thus assigned 70 the Secretary. The
Court BlyI IAN Auditor may, In general,
be defined to heA person appointed TO set-
tie and adjust accounts, and state or Ger,
.tify the. results. JIA To- more resrlcted
sense, he may be sAid-to DO an officer
whose duty Il Is 70 examine snd verify
the Gce0uGts Of ,peTsons entrusted with
thk Peceipt aud, disbursement d, public
innneyS.l. kSHsed Id our Constitution 1t
lsignideS al iotaeer whose business It e 70
examine And certify Accounts and claims
aeGInst the stSte and to keep the accounts
between the Btate and its Treasurer; and
they held an act Of the, Legislature TO be
void, because It attempted to assigu IN
part the powers and duties Of Auditor to
another officer. Every positive delega-
ton Of power 70 one officer or depart
melt," they say, "implles negaion OF its
exercise BY any other officer, department
or person"
That the designation Of an office In the
Constitution by . title Of well known sig
MITIGATION implies that the incumbent
AhAl1, In Substance Il least, have the pow
en- and p6iIottt ,the duties which are sp'
pfontiRfe 10 such 6dica, though there Is
nothing Ia the Constitution but the name
tof lh6- ofIca 10 ind icate What the powers
and dhde8 6te,l q Slso decided by the cases
EoI ~ SEalS Y. Bftttttt, 2 American = 81,
and Rd51tg v; ~ People, 3 DEMO 972
Our Gohsttuton has created an office
by an Official title 81 well. known sigpi5-
cation, that Of Auditor. Il eouiers Upon
him, therelore, beyond legtslRtlYe control
tire essential boWees and duties Gf that Of.
ice. But It. goes thriller. It says. mat
the LegialSI1te Gkkll not appoint him to
any6ftice nor shSli he hold any other
Office b0t Auditor, Tie IaSisIGtpre can.
n6f. Therefore. aSsipn to him powers and
duties wholly foreign 10 his office Of Aud
flor. - ~.
For distinctness and breyity, I hsYc
spoken or the Auditor stone: but what
have said ID applicable toi the State gu
nerintendent Of Free Schools, Treasurer
and ATTORNEY General. Neither Of them,
according to the Constitution, can hold
any other office, axc ept that the Attorney
General is 10 bs q 9Biei6 reporter 81 ne
Court of Appeals, Il It d part Of the
functions Of q State Superintendent Of
Free Schools, or an Attorney General,
though he be also reporter OF this court,
10 manage the Cumberland Road and the
Works 6f internal Improvement owned
by lie State, appoInt, sc, The oiIlccts en-.
pIoyed about the same, and attend 10 the
application or the income 10 tho repaif and
aud preservation thereof; 10 appoint, SC,
ne: Directors and officers Of the peniten-
iiAry anl Insane hospItal, fix the cOmpen.
sation OF officers sc, OF even TO net US
&c ex ofIlcio commissioners Of public print
ing" .'.
In the old case Of KdmpeT Y. HGtckins,
l Va Cas-. 90, the 1,egislslpre undertook
to assign chancefY Jurisdiction to the
judges q common Law court. But after
a most elaborate consideration OF the
question, the General Court Of Virginia
held the ACT TO be I1nc0u stitutional, be-
cause 1t, 10 substance, Conferred a new
Office on the common law Judges without
theIt GGying been elected thereto in the
manner prescribed by tho Constitution
then in force.
In the same case, (see pages o. 10 96)
another ID ycited in, which, the Court Of
Appeals Of Virginia held THAT the assign.
Ing Iothe judges Of chancery and 6dmi-
rality; jurisdiction In common law cGses,
may I've considered as new Office" ~
Neither Of these decisions, so far as j
can discover, has ever been controvcrted
IMr. l.. then examined the cases of
Sharpe v. RoBerts0n, 8 Gftttan's r. 5ls,
and ''IYdles ': .BsIeFer, 8 Pickering sos,
contendIng that they did not sustain tie
proportions Ton which they had been
cited on the other side.
The practice Under the former ConSti-
buttons Of Virginia and West Virginia, It
Is said, has settled the construction to be
given in this particular to the Constitu-
don Of 1872. u 80. --a.' . '.4 !.
Neither Of the former Constitutions
contained the provtSions prohibiting leg
Islstive appointments to office. None 6f
them provided that the Auditor, Treasurer,
Attorney General or State Superintendent
Of Free Schools, should not hold any
other office, IN ,.