The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-07-21

Wise appointed or SleCteu. AltuOuR
in Virginia aud in this State there hsy
,, ALWAYS been laws in force requiring pei
! ! sons elected or appointed 10 office 10 tax
q prescribed official oath-still in no 10
stance were the officers named in sal
act or any OF them ever required to tax
an oath OF Office on account Of the I'D
, ditional duties and powers imposed o
, conferred thereby upon them as officer:
I 1t WAS universally deemed and con
sidered by all the departments OF gov
, ernmept that no such oath of Office wa
necessary or proper-thst in reality n
new Office or offices we're created by an,
OF said acts or appointments made +
office. but only new and additioua
powers and duties conferred aud i'm
posed upon offices and officers s!resd,
in existence otherwise appointed o
elected aud who had taken the oaths o
office prescribed by law. The governor
OF Virginia who served as such under th,
constitution of 1851, were men OF un'
doubte! intelligence and patriotism
and several OF them were emiuen
statesmen and jurists, aud were mem
bers OF the convention who framed thS
constitution.
The Governors OF This State under
the Constitution OF 1868, without excep-
ton, by virtue OF the acts OF the legis'
lature o! this State before cited. and by
virtue OF their office 10 which they had
been elected by the people. served upon
tue Board OF Public Works o; this
State up 10 the adoption oI the present
Constitution, and the present Governor
since its adoption until sometime dur
ing the past winter or spring These
are matters Of public history. The
present Constitution was adopted on the
22l day OF August, 1872. The Cover
nors Of this State were and are
men OF intelligence, elevated TO their
high and honorable office by the people
for their patriotism and integrity. In
the foregoing We have the inierpreta~
ton and meaning OF the Inhibition coa-
taineli in the Constitutions OF lSJl OF
Virginia, and the Constitution OF this
State OF 1868, as 10 the Governor hold
ing any other office during his term OF
service. as given and continually acted
upon 10y the different departments OF
governm mt, as well also rs the approval
thereof and the scquiescence therein OF
the people OF both States, and OF this
State up 10 the day OF the adoption Of
the present Constitution aud subsequent
ly thereto. We also have the continual
and unvarying Interpretation and mean"
ing attached by the different depart
ments OF government TO the article or
sections OF the various Constitutions Of
Virginia as to the division OF govern
ment into departments and the restrIc-
tions imposed from the date OF her first
Constitution TO the adoption Of our pres
ent Constitution. These interpretations
and meanings az understood and prac-
ticed by all the departments OF govern
ment, and approved aud acquesced 10
by the people OF Virginia and OF this
State so long. are too clear and well
known in our Judgment to admit Of
doubt 1t being our duty TO interpret
the clauses OF the Constitution 10 ques-
ton, according to the meaning and in
tention Of the people in their adoption,
and when they adopted them, under the
authorities, and facts before cited and
stated, we feel bound in conscience and
judgment TO hold that the inhibition a.
TO the Governor and the other officers
OF the executive department holGing
other offices during their term OF SER
vice, ID substantially the same in the
present Constitution as il wss, a. to the
Governor. in the Constitution OF Virgil
mia OF 1851 and the Constitution Of this
State OF 1868, no more, and no less,
and that the same meaning must be
attached TO the Inhibition as 10 the Gov.
ernor and the other executive officers
az contained 10 the present ConstItu.
ton as was attached to the meaning OF
the same inhibition a. 10 the Governor.
az contained in said constitutions OF
1851 and 1863. We, under these cir
cumstsnces, feel that the faithful dis
charge OF our official duty requires that
we should determine that the said &C; OF
the legislature OF the 18th OF January,
1873, is not null and void, because re-
pugnant TO the 4th section OF article : OF
the constitution OF this State. and 20 Of
the act OF the first day OF April 1873, 30
far as they are applicable to this case,
aud are involved in the decision thereof
that the said act OF the l4,h Of Jspu-
sry, 1873. when properly viewed, and
its object and substance, and not the
mere shadow, is well Understood, does
not 10 TACT operate an appointment OF
the Governor, aud the other officers
therein referred 10, TO another or diff fer
ent Office, but in substance 10 prescribe
ing the powers and duties OF the Govern. /.
and said other executive officers 10 be
by them performed as constitutional oi.
ficers Of the executive department Of
the government, to which they were or
may be elected. This the legislature
had full power 70 do under the proVi-
sions OF the Stb section OF the 4th arti-
Gle Of the constitution. and also the last
clause OF the let section oi the 7th ar
ticle thereof when read and considered
with Sec. 8, Art. 7. and Sec. 40, Art 6.
as it seems TO US. 1t now remains for
us TO determine whether said acts men,
toned in the return OF the defendant
to the writ OF nlandamus niSi or either OF
them so far ss directly and necessarily
involved in this Gaze are invalid and
null and void, because contrariant 10
the said 9Th section Of the 7th article of
the constitution. Many OF the principles
we have announced and authorities We
have cited heretofore apply with point
and force here. 10 CooleYs Con. Linn,
p. 57-5S. We find these principles 40
noanced as applicable in the coDstruc-
ton OF State constitutions. Every such
instrument. is adopted a. q whole, and Q
clause which standing by itself might