The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-09-29

Srrg lInRARlAN,-F'our Of the five
,ocmbcr- Of the Board Of Public Works,
yA-rhc Attorney General, the Supcrin'
,,ndcnt oi Schools, the Auditor and
Treasurer, met yesterday, and, among
other business, appointed Mr. H. l..
Wood, Of Kanawha, State Librarian.
Gov. Jacob, the fifth member Of the
Board, declined to participate in the
election, not being satisfied that the va
ranry created by the resignation Of Mr.,
Cole, the late incumbent, could be filed
in that way. The Constitution Of West
Virginia, Sec. nh, Art. Nlly provides that
"incaac oi vacancy during recess OF the
oScnatc, in any office which is not cleo
tive, the Governor shabby appointment
oGll such vacancy until the next meet.
oi ins oi the Senate, when he shall make
ga nomination for such Office, and the
"pcrson 50 nominated, when confirmed
"hy the Senate IA majority ol all
"thc Senators elected concurring by
"yca. and nays shall hold his
"oltec dnring the remainder Of the
"tcrm, and until hi, successor shall be
u,appoinlcd and qualified
1t seem. that the members Of the
Board, other than the Governor, hold that
tli. provision Of the Constitution refers
only tn officers whose original election
required the sanction Of the Senate, and
not to officers whose election is otherwise
provided for. They hold that Sec. $ Of
Art vlI.o of the Constitution qualities the
section just quoted. That section reads
n follows:
".lhe Governor shall nominate, aud by
and with the advice and consent ol the
Senate "a majority Of all the Senator.
elected concnrring by yeas and nays, ap.
point all officers whose offices are cstab.
Ii-hcd by this Constitution, or shall he
created by law, and whose appointment
OrcIcttion IL not otherwise provided Tor,
anlNo such officer shall be appointed or
elected by the Legislature"
The position Of State Librarian Is All
OllIcc Created by law and the statute
creating it cnacs that "it shall bc the
duty Of the Board OF Public Works to
appoint II suitable person to have charge
Of the State library" Section 1 oi the
statute provides that the person thus ap,
pointed "shall continue in office four
years, unless sooner removed for inCom.
prtcncy or gross neglect Of duty Moth.
Ing j. said in the law NJ To how vacancies
thus or otherwise, occurring are to be
IilIcd, Aud even If there was, il would
bcshborlinatr to the constitutional pro.
visions quoted above. The question there
torcis whether the filling Of vacancy in
the State I,ibrarianship presents case
different from the filling Of the general
category Of vacancies which the COnstitu.
tlon cOnIlcs to the Governor. This Is u
point that the lawyers are now discussing
aud that Governor Jacob has not yet
decided far enough to make M ap.
pontmcnt. With all due Difference to
the lawyers and all concerned, II
seems to rs that the essential points to
decide are simply these In case the va
cancy had occurred during the sitting Of
the Senate, who would have filled the
office, the Board Of Public Works or the
Governor? II the proper answer is, the
Governor, then under what circumstances
would the Board Of Public Works ever
again have filled tho oIlico2 There can
never again be an original vacancy in the
office, that i'ccrtain. When then would
Vacancy occur that could be filled under
the statute?