The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-03-18
opINIoN.

not act as Governor under Section 10 Of
Article VII Of the Constitution.
OPINION.
President Carr bases his claim for the
Office OF Governor OH Section 10, Article
VII OF the Constitution, which reads as
follows: "In case Of the death, conviC.
ton on impeachment, failure 10 qualify,
resignation or other disability OF the
Governor, tho President OF the Senate
shall act as Governor until the vacancy
Is filled or the disability Is removed
Tho Governor denies the application
OF that provision 10 the present CirCum.
stances, and though his term OF four
years as Governor has expired he claims
10 hold over until his successor shall be
declared elected and qualified, under
Section 0 Article ~ OF the Constitution,
which reads as follows: "All officers
elected or appointed under this consti.
tuition, may, unless in cases herein 9th.
erwise provided for, be removed from
office for misconduct, incompetency,
neglect Of duty or gross immortality, IN
such manner as may be prescribed by
general laws, and unless so removed
they shall continue 10 discharge the du.
ties OF their respective offices until their
successors are elected, or appointed, and
qualify"
President Carr contends that, while It
Is true under Section o, Article ", off.
GERS hold over beyond their term until
their successors arc qualified, yet that
section itself says "unless in cases herein
otherwise provided for" and that II we
turn TO said Section 10, Article VII, II Is
therein otherwise provided for namely:
''that in case OF the death, conviction
on impeachment, failure TO qualify,
resignation or other disability OF the
Governor, the President Of the Senate
shall act as Governor"
Wilson maintains that the words "un.
less in cases herein otherwise provided
for" apply only TO removals Of officers
and not 10 the clause providing for hold.
ing over, as II 1t read "all officers may
be removed in such manner as may be
prescribed by general laws, unless In
cases herein otherwise provided for" or
as II the clause as 10 officers holding
over were In another section. 1t Is said
that aS 10 removal 1t was necessary 10 In.
sert these words because this section
gives the Legislature power TO provide
as 10 the manner Of eiFeCting removals
from office, whereas Section 9 OF Article
~ provides for the impeachment OF all
State officers and their trial and removal
by the Senate; and tho insertion OF
oil those words Us 10 removals avoids any
inconsistency.
Their location, not at the opening Of
the section, but after the word "may,n
which Is a part OF the verb remove"
and their absence from the clause refer.
ring 10 officers continuing In office,
would seem, dramatically speaking, 10
conAne them TO the clause relating to re.
movals.
To annex them also to the other clause
we would have 10 transport them To Il
and make II read "and Unless so re.
moved, or unless 80 removed, or unless
In cases herein otherwise provided for
they shall continue 10 discharge, DC, u
which Cars counsel say should bt
done, but which the text Of the section
does not do. But l regard this matter
not material; for II they were not used
at all tho general rule that removals
should be made as might DO prescribed
by the Legislature would yield as 10, Of
rather not apply 10, those officers who
can be removed only by process Of I'm
peachment, for the Legislature could mol
as 10 them prescribe another mode o.
removal. And as 10 the general rule
that all oillcersshall hold over until theil
successors are qualified, that being q gen
eral rule would yield 10 q clause provid
ing otherwise as 10 particular officer
for instance Governor, and there would
DO as 10 that officer a provision appllCa
BILE only 10 him, and as 10 him that par
tiCular provision would govern bis par
tlcular case.-BlBh. Stat, Grimes, Section
l20,3OO. Those words were inserted ou
OF abundant caution and TO give hattno
nv 10 the face OF tho constitution, i dt
not think II material and 40 do not de
eide whether these words arc annexed u
only ono OF both the sentences or clAuBel
Of said Section OF but, say they quAliij
both, now IL Is plain that II 10 q genera
ruie in our constitution that Hunles
removed oil officers nhall continue u
discharge the duties Of their respective
offices until their suCcoesors arc eleCteI
or Rppolnled and qualified y and thv
joyefnor falls within II uhless Bomv
other pfoyiBlon takes him out Of II "a at
exceptIon 10 that rule, and 10 thV
! extsf,t such other provision may 4
he would be out Of that gen
efai rule, On search we find that sec
tion i'd, article VII. Of the constitution
does 10 The extent therein provided TAX
him out Of the general rule BY the Ian
Vuapo IIlh case Of death, conviction oi
Impeachment, failure 10 qualify, realg
nation or other disability Of the Goyei
nor, The President ol the Senate shal
aCt as governor until tho vacancy Ia fllel
or tho disability temOyed.n lshould sa
fTt..Ig..,..i -. Htlg.l n.