The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-01-28
DISAGREEMENT BETWEEN GOV.
CLOUGH AND THE SENATE AT
FECTS VITAL QUESTIONS.
WHICH POWER is SUPREME?
JUDICIARY COMMITTEE OF THE
SENATE STANDS, AS MIGHT
BE EXPECTED,
FOR LEGISLATIVE SUPREMACY.
Day Is Spent in Hearing Legal ArEr-
ments for and Against Crit
fms appointment.

The event of the day in the senate
was the hearing by the judiciary COM
mittee Of the arguments for and
against the confirmation of the ap-
pertinent Of Truman Griffin, OF Min
ne&polis, as a member of the state
board Of pharmacy to succeed Fl. G.
Webster. The committee met at noon
for the hearing of arguments.
II. ]. Fletcher was first heard in
opposition to the appointment. He
said the entire question was one of
tbs conStitutionality of the law. there
being no opposition to Mr. Griffin on
the basis Of his personal qualifications.
He argued that the power Of the leg
tslatiYe department is plenary and su-
preme within the limitations of thu
constitution. The executive and ju-
dietary departments, on the other
hand. had no power except that grant
Ell to ii by the legislative department.
Therefore, unless the law, the validity
OF which the governor questioned, was
clearly within the limitation in the
constitution, no further search need be
made. Cooley was quoted at length
in support Of this contention. The
aPrOintiVe power was held by a num-
Der of decisions quoted not to be In
herently executive, and, when the gov
ernOTS power was expressly limited,
as in the constitution Of Minnesota
there was no doubt of the authority
OF the legislature. The central ques-
ton was the Interpretation of the con-
sttutional provision that 1.-The govern
or shall appoint by and with the ad-
vice and consent Of the senate a state
librarian, nOtaries public, and such
other officers as may be prescribed by
law" He believed that this clause
did not confer the full appointive pow
er on the governor. No governor until
now had ever contended that the legis-
1ature had no right to limit his ap-
pointive power. If the law now cues
toned was held to be invalid, then 1t
would carry with 1t all restrictions
imposed upon the governors appointive
power, such as those requiring that
not more than two members of the
state railroad and warehouse commits
sich shall be Of the same political
party; that the public examiner shall
be a skillful accountant and not an
othcer, director or assignee of any
bank; that the boiler inspector shall
have had ten years experience in the
operation and management of steam
boilers, etc.
Why might not the legislature pro-
vide that the pharmaceutical associa-
ton should name one man instead Of
hve?" asked Senator Spencer.
Il think it could, although 1t would
oh
that 1t would be an unreasonable
limitation Of the appointive power"
replied Mr.. Fletcher.
Mr.. Fletcher cited the case Of the
law constituting the Minneapolis board
Of court house and city hall commits
sioners, in which the legislature act
ually took the appointive power in its
own hands. This law had been de-
clared unconstitutional by the Henne-
pin county court. but the supreme
court had reversed that decision. If
the governors position in this case was
sustained, it would sweep away all
the safeguards which the legislature
mad attempted to throw about the
departments it had created
Other cases outside the state were
cited to uphold this view.
Mr.. FLETCHER made, as his next point
the statement that the legislature has
the right to fix the conditions Of ELI
giDility, especially where skill is re.
quired. The legislature is competent
to state how these qualifications shall
be secured. 1t is quite as proper to
define the method of selection, as well
as the qualifications. In this case the
legislature decided that the state phar-
naceutical association knew better
than anybody Else who were compe-
tent pharmacists, they ought to know
much better than the governor.
senator Greer made a parallel Illus
trat1on in case the bar association Of
the state would attempt to limit the Sc
lection Of judges.
Mr.. Fletcher said he thought they
could do so If the legislature passed g.
law to that effect
Senator Sheehan-Then this Is both q
question Of law and constitution?
Mr.. Fletcher answered that 1t was.
t+Thnn" continued Senator Shnnhon