The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-04-19

tuition forbid them lin most emphatic
language II forbids the. extension OF the
term Of this Office TART. Nv, Sec. 2S), and
by a fair construction of ito provisions
also forbids, In my opinion, the reduc.
ton or increase of the salary of any In
cumbent of the office during his official
term.
The law creating the office of railroad
and warehouse commissioner did not
provide for the election OF its incum-
bents, or their appointment otherwise
than by the governor; and therefore the
governor appoints them In accordance
Gle V OF the constitution.
AN IMPORTANT SECTION.
Section % of Article V. is as follows:
1.-The officers named In this article
shall receive for their services salary,
to be established by law, which shall not
be increased or diminished during their
official terms. And all fees
that may hereafter be payable by law
tor any service performed by any officer
pro, ided for IN this article of the consti-
ton, shall be paid for in advance into the
state treasury"
ARE THE RAILROAD AND WAREHOUSE
CoMNussIoNEkS Named
Among the officers named in this ar
ticle can we. by fair construction of its
provisions, find the railroad and ware
house commissioners:
The governor, acknowledgement,
secretary OF state, auditor, treasurer,
superintendent of public instruction and
attorney general are named in the first
section: and these are the only officers
named in express terms In the whole ar
ticle. But are these the only officers
! named? They are. says the attorney
general in the "Opinion" of which
have already spoken, "certain provisions
OF that article which relate to officers
generally. and may thus be construed TO
embrace the office of railroad aud ware
house commissioners" One of
The provisions Is section
10, which is a follows
1.-The governor shall nominate, and by
and with the advice and consent of the
senate "a majority of ali the senators
elected concurring by yeas and nays,
appoint all officers whose offices are es-
tablished by this constitution, or which
may be created by law. and whose ap
pOintnent or election is not otherwise
provided for: and no such officer shall be
appointed or elected by the general as
sembly.'
Are any officers named in this section:
To name is to specify; to specify is to ill.,
dicate with some particular marks of dis
tincton; and think | may say, without
attempting to make too nice point, that
certain officers are thus indicated i'm sec
ton 10, and therefore in this sense named.
Who are the officers spoken OF in section
10: Two kinds:
% Officers whose offices were created |
by the constitution, and who are nomi- |
mated to the senate by the governor, and |
by and with the advice and consent of
that body are appointed by him, the leg
islature having failed to provide tcP their
in any other way, or for
their election.
(2) Officers whose offices have been
Cor may be- created by law, and who are
appointed by the governor upon con-
sent of the senate, the legislature not
having provided for their appointment
in any other way, or tor their election.
The Office of railroad and warehouse
commission was created by law. and its
incumbents have been appointed by the
governor with the consent OF the senate
under the provisions OF section 10, the
Legislature not havin. provided tor their
appointment in any other manner, or for
their election.
Therefore these officers are spoken Of
indicated with particular marks OF distinc-
tion-naned in article V. and conse-
qucnty section % acts upon and prevents
the legislature from either diminishing
VI ma casing thcir salarios da-iuS uiviI
term OF Office.
ANOTHER SECTION
Section Il OF this Article provides
that
The officers OF the executive DEPART
ment, and OF all the public Institutions OF
the state, shall report to the
governor; and the governor nav
at any time require information ia writ
ing, under oath, from the officers OF the
executive department, and all officers
and managers OF state institutions, upon
any subject relating to the management
and expense of their respective offices
In this section officers are named
whose offices We're not created at the
time OF the adoption Of the constitution,
and even officers whose offices have not
yet been created. But this naming of
them inhibirs the legislature from touch
ing, during their terms, the salaries of
the officers whose offices have since the
adoption OF the constitution been created
by law, or that may hereafter be thus
created. Thus the legislature is inhibit-
ed from increasing or diminishing
during his term, the salary. OF
any olhcer oil STATE inSti-
tuition who receives salary,
and tor increasing or diminishing, during
their term. the salaries of the peni-
tentiarv and canal commissioners. I be
lieye fair construction OF this section
would also cover the railroad aud ware
house commissioners salaries. | also
believe that the railroad and warehouse
commissioners are indicated with suft.
Gent eXactness in the last clause of this
section TO authorize the governor to re-
qulre them TO report to him under oath
on any subject relating to the condition,
management and expenses OF their office.
Ii so they are also indicated with sutii-
cient particularly to protect their sala-
ries from reduction during the term OF
their office.
EDsALL's OBJECTIONS.
Against this construction several OBJ
lection have been urged by the attorney
general.
alt Is Obvious
he says
THAT the words Officers named In
4. L. sstiela and the words: ANY officer
section %, cannot properly he cono,.,
As embracing all officers T. which a.i, ueu
the provisions of this artic.a relate any u
Enforcing this he says:
"Ail fees collected by such onicor,
are embraced in the 23d sectjon az
required to be paid in advance 49, are
state treasury. Notaries public are Mse
point ed III the manner prescribed in sec
tlon 10, ana county Of are required
to take the oath prescribed in section
20. 1t was maniiestly not the int ention
OF the trainers OF the constitution To lie.