South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1873-04-18
SOUTH 3raneh 9ntsllisenrer.
ROMNEY, FRIDAY, APRIL 1s, 1873.
M Il - - a Gle
Vetolng the Bill Providing for
Directors of Hospital for Insane.
Gentlemen Of he Senate :

LII OSIOIS VI Hospital IOr insane.
Gentlemen Of he Senate
respectfully return herewith, without
my approval, bill which originated in the
Senate, entitled can Act amending aud re-
enacting sections three, fourteen aud ff-
teen OF Chapter ffty-eight Of the Code
concnrning the West Virginia Hospital for
the Insane for the following reasons:
10 the first section Of this bill il il, pro-
vided, That the third section of Chapter
iiity-eight of the Code of West Virginia,
as amended by an act, entitled IAN act to
amend and re enact the third aud seventh
sections of Chapter fifty eighth of the Code
OF West Virginia concerning the West Vir-
glnia Hospital COR tho Insane" passed Feb
ruarJ p, 1871, shall be, and the same is
hereby amended and re-enacted so as to
lie ID os follows:
-. The Board OF Directors shall be composed
oil nine members whose term of office shall be for
one year, commencing on the first day of April
The said ID Directors shall be appointed by the
Board of Public Works, who shall fill all vacau-
cies that may occur, and unless TO fill vacancy
The appoi tment shall be annually on the fourth
day OF March, soon thereafter ms practical
BILE. The said Board shall be removable at the
pleasure of the Board of Public Works Not
more tnau three of the Directors shall be selected
from the county Of Lewis, aud not more than
one OF the others from any one county, and un-
less otherwise provided by law any three of
said Directors shall constitute IA quorum for the
transaction Of such specific business IA NAV be
designated and authorized by full Board"
The section of the Act of February "a
1871, which is now in force and which is
| Intended to be amended and re-enacted by
his bill reads as follows :
% The Board shall be composed of nine mem
bers whose term OF Office shall be for one wear
commencing on the first Of April The said
directors shall be appoint ted and commissioned
| 10y the Governor. aud removable AT his pleasure
and unless To Till a vacancy the appointment
shall be made annually after the fourth day of
March, ard before the first day OF april. Not
more than two of the directors shall be selected
from the county of Lewis, and not more than
one oil the others from any other county"
The hrst amendment proposed by this
biIl Is, therefore, to provide that the di.
rectors OF the Hospital for the Insane,
shall here'fter be appointed by the Board
ut Public Works instead of the Governor.
1t Is hrrdiy necessary to use argument to
show that the dircc ors of the larsest and
most important institution of tue State,
who manage aud control the expenditure of
not less than sixty thousand dollars of the
t"'''S h''h'J hubuhllO, are OI1CeTS III the
meaning of the term used in tho Cons,itu-
ton. j presume that this proposition will
not be denied. 1t these directors are off
GERS, and if the Constitution has defined
| and fixed the power Of appointment to Of
hce III any department Of the government,
! then the power to appoint to Office cannot
be transferred by legislative act to any 9TH
er department, or officer
Ii Is the uuqucslioned law of the coun.
try, that while Congress can only exercise
those legislative powers delegated TO il bv
the Constitution Of the United States. thai.
on the other hand, the legislature of a
State, may exercise all legislative powers
not prohibited by its constitution. If there
are no restrictions aud poatjcc prorisions
10 our Constitution with references To the
power ot appointment to Office, then it is
clear that the Legislature may either cxer-
else the appointing power itself, or author
we any board, or officer to appoint that in
ITS discretion II may deem proper Are
there any restrictions, aud positive provis.
ions in our Constitution with reference to
the power Of appointment?
/ Tue fortieth Section Of Article six. pro.
vides that The Legislature shall rot con
fer upon any Court or Judge, tho power Of
appointment to Office, further than the same
Is herein provided for The power of ap-
\ pointment is therefore denied in express
terms to The Judicial Department of the
Government
The last clause of Section eight Article
seven, OF the Constitution, referring TO 'sll
officers whose Offices are established by
Tbs Constitution, or shall be created by
low declares that mo such officer shall be
appointed or elected by the Legislature. -
Therefore the power Of appointment is
denied TO the Legislative Department.
There are but three Departments n the
state Government, The Legislative, Judi.
cial, add Executive, and it the appointing
power Is denied to the Legislative and Ju-
dlcial Departments IL can only reside in
the Executive Department. SO FAR we have
q solid foundation. The Convention tha,
framed the Constitution, not content with
giving the power of appointment TO the
+ Governor, as | will presently show, thus
prohibited The exercise of this power 10 the
other Departments of the Government,
with such precision aud clearnesa, that there
would not seem 10 be room lcft for auy
mIscoOstrucilon Of that instrument on this
po'nt The CONSTITUTION declares that the
Executive Department shall consist Of a
GovGrnor, Secretary Of State, State Super
iniendent Of Free Schools, Auditor, Trea.
surcr and Attorney General
will not stop to discuss the proposition
that the executive powers are not equally
Il y