The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-03-25

SHALL THE aENATE USE SOFT
SOAR OR THE LASH:
The State Register suggests to the SEN
ate, that it shall require Gov. Cullom to
give to the Democratic party representa-.
ton on the penitentiary commission as
well as on the other state commissions
and boards.
We have no doubt the party in power
would be much benefited by the policy
OF division of the public boards with its
opponent aud it is barely possible the
public might receive thereby some bene
fit; but how the senate can require the
governor to give to the Democratic
party representation on any board. we
have not been informed. Ifa conflict
between the executive and the Democratic
members of the senate should result
from the present complication, the gov
ernor has only to stand out until the
general assembly has adjourned when he
will be master of the situation. He will
then find himself, by the obliging kind
ness Of the Democrats of the senate, re-
lieyed from the nominations made by
| Coy. Beveridge, and may appoint as
| trustees OF the charitable and educational
institutions his own political and per-
sonal friends.
But, it may be said, the governor
would, by this policy, lose his penitenti-
airy commissioners. who are his very par
ticular friends for whom he would be will
ling to make many sacrifices. lfhc will not
give the Democrats what they demand,
it is claimed, they will refuse to confirm
the two Joneses aud Delaney, and re-
fusal to confirm will take from the gov
ernor the power to appoint them COM
missioners until the meeting OF the
| Thirty-tirst general assembly. The gov
ernor need not put himself in this posi-.
ton. lie may withdraw the nominations
he has made for penitentiary commits
sioners, and refuse to make others.
Indeed, we do not believe the
consent of the senate to tue appointment
OF penitentiary commissioners is re-
quired. The constitution provides that
the governor shall nominate to the sem
ate, and by and with the advice of a ma
jority Of the senators elected, shall appoint
all officers whose offices have been es-
tablished by the constitution or may be
created by law, and whose election or
appointment has not been otherwise pro.
vided for. The office of penitentiary
commissioner was created by law, but the
law expressly provides that the governor
should appoint the commissioners. The
| laws creating other state boards provide
that the governor shall nominate and by
| and with the ADVICE of the senate APP
point the members of these several
boards; but the legislature made an ex-
ception to the general rule when 1t Gre
ated the penitentiary commission, by
providing that the governor should
appoint lis members. When not other
wise provided Tor, the governor nomin.
ates and on the advice and by the consent
OF the senate appoints; but when the
law says the governor shall appoint
an officer then another way 10 fiji the
Office than by nomination and consent
has been provided. This argument
leads inevitably to the conclu-
sion that Coy. CuAom may appoint
penitehuarY commissioners without
the consent OF the senate, and uncbal.
lenged presedents strengthen his posi-.
ton. Governors Palmer and Beveridge
both appointed penitentiary commission
ers without asking the advice or consent
oil The senate, and no person ever thought
oil denying their right to do so.
Undoubtedly the governor occupies The
vantage ground, and therefore the adj.
vice OF the Register to the Democrats of
the senate is bad. Ii the senate ia wise
II VIII Immediately confirm the penitenti-
airy commissioners, send their nomI.
nation back to the governor with the in.
formation that the consent of the senate
is not necessary 10 their appointment, and
tiieh ask The governor to re-nominate
certain OF the gentlemen whose nomIna.
hons Tor trustees OF the charitable and
educational institutions have beeen re-
Jected. In this way estimable Republi.
cans, who have been rejected for no
otner reason than their politics, will be
put back On the boards their abilities
have made 10 successful, and give TO the
governor reason for needing the re-
quest that Democrats may not be over
looked In filling up the vacancies the &C.
ton OF the senate has created. That
the governor may be trusted his conduct
proves. lie has given to the Democrats
membership in the railroad commission
ana The state board OF education, and has
an every way manifested disposition to
io' crowd them aside. Gov. Cullom
may DC soft-soaped, but II is bad policy