The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-04-16


OF such q corporation as the
Board Of Public Works does not
come within its meaning. While
the place Of Adjutsnt General is obvi-
ously within the definition, tor to it at
tach certain rights and duties to exer-
else public employment and receive
the emoluments thence arising. The
officer holding this place is not COR
porstor; but he has certain rights and
duties which he, aud he alone can ex-
ercise and discharge and to invest a
State Office with this additional office is
to permit him to hold, in violation OF
the Constitution, two separate and dis
tinct Offices each having It's distin guisb-
ing characteristics.
Another pretensiou of the Governor
is, that under section 3, Article VII,
he has the right, by and with the con-
sent OF the Senate, to appoint all officers
where offices are established BY the
Constitution, or which shall be created
by law, and where election or sppol IT.
ment is not otherwise prov ded tor
That section is as follows: The Gov
ernor shall nominate, and by aud with
the advice and consent OF the Senate
a msisritv OF all the Senators elected
concurriug by yeas and nays) appoint
all officers where offices are established
by the Constitution or shall be created 4
by law, aud whose appointment or
election is not otherwise provided for;
and no such officers shall be elected or
appointed by the Legislature" Under
this construction, il is estimated that
the Governor would have the power 10
appoint at least ten thousand Off
in the State. Certainly it was never
intended by the features OF the Consti-
tuition that this immense patronage
should be concentrated in the hands OF
the Executive. To ascertain what the
meaning OF the Constitution upon this
subject is, it is proper to consider to-
gether all of Its sections relating there
TO.
Article ", Section 8, provides that
"the leg stature, in cases not provided
for 10 this Constitution. shall prescribe
by general laws the terms OF ofi ;e,
powers, duties and mpensstion OF all
public officers aud agents, AMI the man.
ner in which they shall be elected. ap-
pointed and removed" The Governor
construes this simply to mean that he
shall have the power to appoint all
sucn officers aud that the legislature
can otly prescribe the manner in which
he shall exercise this power. That is,
the Legislature may determine whether
be shall make the appointment oa let
ter.paper or Ioolscap; whether he shall
attach thereto the Great Sea whether
q certain form shall be used and whetn
er, before msking his app 'iutnents, he
shall CT nsder the applications five
DAYS or week Such q view, with
all proper de'erence to the learning aud
ability OF His Excellency, is too frivo-
lous 10 merit serious consideration.
The plalu-the unmistakeable mean.
ing OF these two sections ~ simply this
that 10 cases not provided Tor in the
Constitution the Legislature may de-
termine whether the Offices shall be
filled by election by the people. or by
appointments TO be made by certain
officers. And when the Legislature
tails or omIts to prov de in this way Tor
the election or appointment OF any such
officers then the Governor shall appoint
by, and with the advice and cpnsent OF
the Senate, Ut res nldgis vILeat guam
psreat and that there may be no 9th :es
which cannot be filled /; and that the
legislature shall not elect or appoint
any officers when offices are established
by the Constitution or which since the
adoption Of the Constitution have been,
or herea ter may be created by law
Thus the Constitution IN AXES the Gov.
ernor, as it were, the "resld cary legstee'
Of the appointing power, and vesIsin him
so much OF that power as NAV remain
undisposed OF bv the Legislature and
whist it prohibts the Legislature from
exercising this power it grants TO that
department OF the government the right
10 designate those Officers by whom II
shall be exercised.
Referring to the Board OF Public
Works and the Board OF Directors OF
the Asylum, the Governor asks ri the
Legislature has the power to appoint
the members OF one OF these Board, has
it not the power TO appoint the members
of The other Board ?"
10 creating the Board OF Public
Works the Legislature mer"ly added
another duty to the offices alread Y ex-
listing Were it to appoint the members
OF the Board OF Directors OF the Asylum
it would invest persons holding no OF
fee with q trust and duties.
The Governor thinks that section 8,
Article w OF the Constitution has been
already "Judicially examined and pas
sed up,n" IN the case OF the State vs.
Vim Kenuou and others, !, Ohio State
Reports, $40. and that "besrly the lden
tical points raised by this bill were be
tore the court" We are OF a d tferent
opinion, and think that this case is 40
authority against his views. A brieI
consideration OF this case will show the
question involved and decided. The
Constitution OF Ohio contains this pro-
vision: NO appointing power sbslI be
exercised by the General Assem-
b,y." Constitution OF OHIO. Arti-
Gle II, Section q. The lsngu age
here used is very comprehensive
much more 30 than the language oi
our Constitution-snd prohibits the
Genera Assembly from appointing
agents or trustees as well as officers
SO comprehensive is this language that
the trainers Of that Constitution sup.
posed that it might deprive each house
OF the General Assembly OF the power
TO elect its Own officers, and therefore
| the following provision wss adopted