The democrat. [volume] (Weston, W. Va.) 1868-1874, 1873-05-19

power to make on appointment under
the Sth section. or to oil tho vacancy
according to the 9th section; because
bis "appoiaimeai is oih1riIe proFidsti
for IN the Constitution. Section II
Of article I provides. ~ the Office Of
Auditor, Treasurer, State Superin.
teudsnt Of Free Schools or Attorney.
General shall ecome vacant BY death,
resignation or otherwise, it shall be the
duty Of the Gorernor 10 jill he same by
uppoiHfmrti, and the appointeo shall
hold lis Office until his successor shall
be eles,sd and qualified in such a man.
uer as may be prescribed by law"
This section, taken in connection with
the Slh and ninth sections Of the same
article, explains to my mind very
clearly the meaning Of the words 'and
rhJse appointment or election is not
o,hreise prori,isd for." II is to be
observed that tue appointment Of the
Secretary Of State is not provided for
loutsidc Of this Slh SectiOu) in tie
consultation. But for Auditor 1T is
oth,r,rise prorided for in the COnslit.
ution, and the Senate can take no con.
trul in the matter Of toe Governors ap.
poinument, or in filling the appoint.
ment in the said office oil Auditor; nor
can the Legislature tuke away this
tight from the Governor. 1t is one Of
those wise limitations Of the Constitu.
ton placed upon the authority Of the
Legislature, so as to keep the three
coordinate branches nrthe Government
at arms length, aud prevent either
from cncrOaebing upon the powers OF
the other. Ard US for the words, "Or
.huH Be ermied by lar" allow me to
explain their mcaning, by way Ofil.
lustraiion. Suppose the Legislature
ould create BY Inc (asit may Of right
dO) IN Office of public improvements to
1c filled by al officer called the State
Uomnissi ner ofPublic Improvements,
aud provide for his election by the pco.
pie, aud in case of his death, re,ignu.
lion or removal, authoriza the AtlOr.
uey General to Gil the vacancy, in this
case the Governor aud the Senate
would have nU'hiug to do in the up.
pOlutmcut or 10 filling the vacancy
because it is otherriIc provided for.
Authority could be given to this Com.
missioner Of Public Improvements to
appoint a Board Of Directors for the
lcuiteniiary, with the same power they
nav have, aud Collectors ii Tolls aud
SupcriutGudents Of Roads, &c None
VI ihsui eleven UfIicers) would COME
under the SIh section, because their
appointments would BE- otherwise pro-
yiivd for By ll,S. Hence from the
foregoing reasoning We have the FOL
loving conclusions: Wherever prOvis'
ION is made in the Constitution Tor the
election Of an officer by the people, and
Il vacancy in that Office is required to
be filed by the Governor, or any other
designated officer, such as Circuit
Judge, who is authorized to make NJ
appointment and fill i vacancy 10 the
uilice Of Circuit Court Clerk, tue Sill
section does not apply to tue ease, and
tho Senate has no control over the mp
pointmeut But where the COnsli.u'
ton establishes an office, aud makes nc
provision IN the Constitution for filling
it by an election by the people, it Ia
tten to be filled according to this Sill
section; aud 4 vacancy 10 the sam,
illcI according to the 9th section.
Aud whenever nm office shall be created
By lup, and provision is made for filling
1t by uu election by the people, and i
vacancy IN the Office is required to b.
filed by the Governor or Attorney
General, tue Senate has no control Ovei
the appointment. But where the Law
is sileGt as to filling the Office, then, it
tha, case is filed according to THE 9Th
section, aud vacancy therein filled &c
eording to the 0ih section.
Ii the views herein stated are untrue
or thu reasoning false, all such petty
Offices as Notaries Public, AlderaCi
and Couneilmen Of towns aud cities
aud hundreds Of other SMALL officers too
TEDIOUS TO name, would have to be up
pointed by tho Governor, by asd will
Tho advice aud cOusaut Of the Senate
a governmental monster never drrameC
Of, much less thought Of by a body o
sane men engaged in making writer
Constitution for free, enlightened nut
practical people.
WV. l.. ARNOLD
p s.-Tho Sth section Of tho Al
article Of the Constitution, which reads
THE Legislature in cases not provided
in the Constitution, shull prescribe BY
general laws tie terms Of office, III
pore1. dafisJ aud compensation Of al
public officers and agents. aud the man
ncr in which they shall DC elected, up
painted aud removed" gives authority
to the Legislature in cases nOt prOvi,iso
ia the Consultation to creaie Offices, and
to cause them to BE- filled either By