The democrat. [volume] (Weston, W. Va.) 1868-1874, 1873-07-28

of conducting and making retsrpl
of elections, &c, Art. 9, sec. 8
touching judges of the supreme
court Of appeals, provides thai
"thoy shall be elected by the voter:
of the state, aud shall hold tneil
Office for the term of u years, un'
less sooner removed by the manner
prescribed by this constitution. y
Section IS Of the same article
prescribes the '"manner" thus j;
Judges may be removed from office
by concurrent vote of both houses
Of the legislature" &c. Here again
the word "manner" as employed in
che constitution clearly means not
only the proceedings before the
tribunal but also the tribunal hay
ing power of removal. See also
article 6, sec. 81. Article 8, sec.
tons 10 and 10 Of the present
constitution when referring to a
limitation therein generally uses
the words "herein, thereby" or
this constitution. See, art. 4, sec,
Q, 7, 8: art. 9, sec. 5, II, 80, 40;
article 7, section 10. 9: article s,
section 10, 20, "a; article 0, sec. 5;
article II, section 8, 8; article u,
section 4, O.; article 10, section 4;
schedule section 4, II, II, 20.
From this apparent rule Of the con-
stitutiOn in regard to limitations
created on its face, 1t would natu'
rally be supposed thatifthe trainers
Of the constitution intended to cut
of from tho legislature the power
and authority to confer by law the
power to appoint to Office upon off,
cOrs already elected by ths people
in accordance with the constitution
and laws, or appointed in pursuance
oflaW, they would have dOneit by
che employment ofclear and express
words, and left no room for doubt
II in the said 9th section of the
7sh article the trainers of the
constitution had inserted immedi.
ately after the "for" the words sin
this constitution" then there would
have been more plausibility for the
construction contended for by the
defendant. But they did not insert
these wOrds,and not having inserted
them We do not feel authorized in
the discharge Of our duty under the
authorities to insert them by
construction and read the sections
as though they were therein
contained. five felt authorized to
intcrpo!ate the words Sin this
constitution" after the word "for"
with equal propriety VIC should
follow the words "in this con'titu.
ton" with the further words "or
by law" Butltis said the use of
tue present Indicative sis" after
the word election in the 9th line of
said section 8, was intended rs a
limitation to provisions then made
and existing. This We think is not
true here any more than the use of
the same verb in article 4, section
1; article 7, sections 10, 16; ar
ticlc 8, sections 8, 4, 80, "a, was in.
tended. See the use of the same
verb in chapter 205, sections l, .,
6. s, 9, 10, II, u, 10, Of the code
of 1860. Evidently one object of
the framers Of the constitution in
prohibiting the legislature from
appointing or elcetng persons to
offic, was to prevent the time and
attention Of the legislature from
bong taken up in that way further
than possible. But if the construc>
tons ofthe defendant be sanctioned
thew certainly accomplished moth
ing in that direction, for the senate
is one branch of the legislature.
If the very numerous officers of
various description whose election
or appointment is not otherwise
provided for in the constitution
should have to b. appointed by the
governor by and with the advice
and consent Of the senate, very
much of the short allotted time Of
the sessions Of that body would
necessarily be consumed in acting
on the governors nominations for
Office, in neglect Of more important
Legislative duties. Tho immense
number and description Of
various officers the governor and sen.
ate in such case together would up.
point. would be source ofscriOus con.
sideratiOu for tho people. and as We
think would clearly defeat the purposes
aud objects Of the Trainers Of the con.
sti.ution II was suggested, however, iu
argument by at least two ofthe counsel
for tue defendant, that the officers con.
templatcd BY said 9Th session weto Ouly
tho officer, Of the state and state iustit.
utions. The section couluins no such
Limitation % its face. Whether il should
be construed 10 that way to avoid what
otherwise might justly be regarded Os a
public calamity, is another question