The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-03-14


va;sons seems an enact case IN polnt-
TEE GOVERNORS APPOINTMENTS
Gov. Rogers remained steaffssfIy by the
policy vnica lis private secretary outlined.
and permitted the legislature 10 adjourn
without sending 20 the senate the narass
OF ais nominees for the various Offices
Cor Rogers fs not an altogether unintsl-
Isge1s man. lie hss some krowlecgs OF
tire meaning of language. ard has mani
Tested some desire 70 do his duty fairly.
a. &c understands f. what excuse he has
&c violation Of q mandatory provision Of
the constitution he las taken an oath 20
rpacss. has not been made pabiie-
That thegs can De no misunderstanding
Of this matter. the section Of the state con-
x;ifuuon In regard 10 the state institutions
Is given ir full Il Is article 70 Of the con-
stitutson:
Sec. 1. Educational refornatory and
penxi Institutions. those for the bensnt OF
bElnd, deaf. dumb or otherwise defective
youth. for the insane or itiotic. and such
other institutions as tbs public good may
require. snail be fo<tered and supported By
the state subject 20 SUCH regulations as
may be provided by law The regents.
trustees Or commission srs Of all sGcn III
ssituti0ns existing az the time OF tns
adoption Of this constitution. and OF suca
as shslI thereafter be established ny law.
shall De appointed by the governor. by and
vita the advice and consent OF the sen
ate: ard upon all nominations made by TIE
governor the question snail be taken by
the yeas and nays. and entered upon the
Journal"
When Gov. Rogers deliberately AFRO
gated TO himself the sole power OF making
such appointments by refusing to make
nominations while the senate was in ees-
sion. ne attempted to usurp a power which
was distinctly Forbidden 10 him by the con-
ssi,utson: and thereby committed an Of
fense which should render hin liable to i'm
peachnent and forfeiture OF his office
His power to make such appointments
differs IN nowiss from that which the
president OF the United States exerts IN
Ike appointments which require the con-
currence OF the United States senate. Yet
no president would dare 10 arrosats to
himself the right To defer the making OF
appointments 10 al vacancies until after
the senate adjourned. Even IL the prssi-
dent did so. the appointments would be
absolutely void. And this Is the case with
those which Gov. Rogers may attempt 10
make. Ills only power to Ill vacancies
In such offices without the consent OF the
senate. is when the vacancy happens dur
Ing tho recess Of the legislature.
There are several such Offices in which
vacancies have already occurred by rea-
son Of resignation, and by the expiration
Of the terms for which the officers were
appointed. Everyone one OF these vacan-
cies could have been filed in the manner
prescribed by the constitution Of the state
during the session OF the legislature when
has just closed. and the governor - with
out the constitutional power to fli them
| now. II he attempts TO do 80. and there
are any salaries or emoluments connected
| with such Offices. the auditor who issues
| warrants therefor, and the treasurer who
| easaes such warrants would be each in
| dividuany and personally liable for the
| money so unlawfully paid out. There can
/ De no &c IACko W .
proceeding Ia direct violation Of the con-
| stitution.
To prevent the litigation which win quite
| probably follow the attempt OF the COVER
| nor to usurp powers expressly forbidden
| to him by the constitution. II would be bet
ter for Gov. Rogers. before acting IN the
matter. to have the attorney general pre-
| pare an opinion for him In the matter. and
| govern his conduct by that opinion.
This Is not a small matter. II 10 one
| OF the most vital importance 70 the people
| OF the whole state. and It's Importance can
| not possibly Do magplied. deliberate
violation OF mandatory provision OF the
| constitution OF the state. by It's chief mag
lstra,e can never be small matter. par
| ucalaFly when the announcement Of a
purpose 80 20 do IL publicly made long in
advance OF the event. and when # L. not
simply the result OF inadvsrtence or OF
want OF knowledge OF his constitutional
| powers.