The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-07-30
rFor the IntOllIEenceE)
THE PENlTENTIARY CASE.

The 9Th and 9th Sections Of Article
7 Of the Constitution a Political
ExcTeScence. and Declared Void
by the Court Of Appeals.
The Legislature, backed by the Court Of
Appeals, have rendered nugatory and
void the 9Th and 9th sections Of article 2
Of the Constitution. The appointment Of
the Secretary of State, having been Other
toiSe provided for in lle body Of the C0nSti-
tuition, the 9Th section, which reads
1.-THE Governor shall nominate, and by
and with the consent Of the Senate IA ma
iority Of all the Senators elected concur
ring by yeas and nsys), appoint all officers
whose offices are established by the Con-
stituticn, or shall be created by the law
and whose election or appointment Is moi
otherwise provided for; and no such OIL
Ger shall be elected or appointed by the
Legislature" Is now declared q dead let
ter, or political fungus, and Of no binding
validity whatever. Will come member Of
the Legislature, or tho Court Of Appeals
inform the public what this 9Th section
was incorporated in the Constitution
EorP 1t performs no Office, and
will never have any to perform in
the present composition Of tho Leg
stature, or under the rulings Of the
present Court OF Appeals, That court has
decided that the Legislature may, under
9Th section and 4th article create Offices,
and "designate the agent or person who
may fill them" II It had said the agent
composed OF the Governor and Senate
shall fill them, or the people by election
shall fill them, then all would have agreed
but that Court, carrying out the behesIa
of the Legislature, took good care not to
saw so, but to decide that the Legislature
might appoint Board Of Public Works,
q corporation unknown 10 the Constitu:
ton, composed Of pdrtiSGnS who should
make all appointments to office. The
plain meaning OF the two 9Th sections Of
articles 4 and 2 Of the Constitution Is, that
there are but two modes known to the
Constitution for filling Office, one by cleo
ton by the people, the other by appoint
ment by the Governor by and with the
advice and consent Of the Senate, ana
there is no third SoGy Of filling office. The
Board Of Public Works plan, as now
provided by act Of tho Legisla-
ture and backed up by the judg.
ment OF the Court of Appeals
Is shameful and willul violation Of the
Constitution, concocted by designing poll.
tlcians, not only to strip the Governor OF
his rightGul authority, and deceive an hon
est and forgiving people just emerged from
the horrors and disasters Of civil war, bul
to perpeludte p0per and rule in their OIon
hands. But thanks be to the fountains OF
all political power, the people have IN
formed themselves, and they will not &C
cept the apology Of q partisan Court, for
corrupt and dI0eSS Legislature. II Is now
plain to all sagaciouS minds, that the
decision In the Penitentiary case toaS pre-
judgCd. II lis q most remarkable Coinci
dence, that the Ring politicians, the Leg:
islature, the counsel for Bridges and thu
Court Of Appeals, all make tho same wdi
on G0Uernor jacobs ret0 message Of Tho BIZ
authorizing tie Board Of Public Work
to make appointments Of pulls officers
It looks as II there was q con&pErdc!
to strike down an honest man, whC
had thrown himself in the way OF viola
tons OF the Constitution, and between
Ltieues and the public treasury. tn
todS, and is his great 0BenSe. In Repub
lican government, there Is still a highel
court than q partisan Ring Court. The
people have reserved the right 10 TeUie'o th'
acts and conduct oil their public officials
A severer and more rigid scrutiny thar
ever before, is instituted, and our wort
for 1t, tho indignity and contempt Of al
honest people arc now such for the Leg
stature and Court Of Appeals Of TIL
State, that could their reelection conn
off to-day, such rebuke would be givel
them as would forever politically damn
them.
The decision pronounced in the Pen.
itentiary case by the Court Of Appeals Q
tho State IS not only weak and superficial
but is an attempted fraud upon an homes
people, which they will at the next cleo
lion Of two members Of their body Nnvel
and expose. .. l..