The Washington weekly post. (Washington, D.C.) 1878-1916, 1899-03-21

r-.... r ne Isst
..g -. a.. March l6-The Legs
-.-. s..sn adjourued on the Sth Of
...- ...... to meet again To June Of next
s- ..u, every appointment 10 Office
.. .-.u rae Governor EXCEPT the IL
Zoo .. t... asylum for the insane. AID
D.. ...-- Offices they virtually forced the
...,.r.a- TO- appoint the men whom they
s--..a.
Instead %, the Governor appointing 20
.. r.r..- offices. the legislature pro-
.-as .. elect the officers OF the peni-
.....r.. u. the Agricultural Department,
..-r. s.r.au OF Labor Statistics OF the
.. ..r..re for the deaf, dumb. and
..s. -.. Board Of Internal Improve
,-.--- the state Librarian, the keeper
.-rr rsH.tul. the Shellfsh Commission
.r. Surveyor OF state Lands. and
.-....s ...- Office Of Insurance COmmis-
-.-.- and elected the Commissioner.
r-.- repealed the railroad commission
. and enacted "a law establishing
...-g.-..e commission. which has all the
..e.rs which the railroad commission
Bad.
ITO constitution framed at the time the
Sat. WIS r.calyed back into the Union
r... Che Governor the power 10 appoint
I'd officers whose offices were establish
,. ug that Constitution, or which might
f- .rt.r.I by law. and whose appoint
r.rr. Hrgc not otherwise provided sior,
and a0 -l.a officer was permitted TO be
.agl.u.ed Or elected ty the General As
..nt.E Iu 800 the Constitution was
amended hv striking out the words, coz
n...r might bee created by law, and no
such ofe-r shall be appointed or elected
b. rar General Assembly"
Appointing Power Illegally Exercised.
Since this amendment Vas made the
General Assembly has appointed and
elected all officers eXcep, such as are men
TONED .u the Constitution, and are
known as constitutional officers. and
wherever they have created new office
rrr legislature has elected the person TO
Oil The new Office. BY this means the
Governor Of the State has been dwarfed
into O. mere clerk. All the power he nov
has is the pardOning power.
The power Of appointment by the Legis-
a,gr- was exercised by the Democrats
through ten Legislatures, and by the Re
IsJIcaUs and Popuhsts through the Leg
.s4,urrs of 1880 and 1891. In order to get
control and possession of the pcnitentiary,
Inc recent legislature repealed the for
mer law and enacted a new one which
abolished all the offices and legislated
Oh the officers out before their terms eX-
Iir-l and created a new board. Then the
legislature electd the new board.
tn legislature also turned out w. H.
Day The Superintendent appointed by
Gov Russell. and he has brought suit to
In gri h.
lion is raised under the decision of the
Supreme Court in the case of Nichols
against Mackee and Bledsoe against
Walker, that the General Assembly has
n9 power 10 elect OF appoint 10 any Of
Ice, whether constitutional or created by
statute passed by the Legislature; that
ihe amendment TO the Constitution here
In'etore sci out does not confer on the
General Assembly the power to elect or
appoint any officer whatever.
WOULD Produce Political Revolution.
The case Of Day is set down for argu-
MeHI Oh Saturday next. If the Supreme
court sustains the contention herein stat
FL 10 the extent OF deciding that the Gen
eFaL Assembly has no power TO elect or
10 appoint 10 any Office. il will produce
loAucal revolution throughout the State.
il Viii strip the Democrats of all the
State Offices except d few Judges and dis
iIcJ prosecuting officers The new cleo
lion law provides for a board of seven
Election Commissioners who were elected
by the General Assembly. These seven
places would be made vacant, and Gov.
Russell would have 10 appoint 10 ill the
Hacancies. All the other Offices filed by
ue election OF the General Assembly
would become vacant, and the Governor
would I'LL the vacancies The result would
be- almost a. disastrous 10 the Democrats
~ Was the last election 10 the Republic
cans and PUpuiisJS
The Supreme Court is composed Of enc
Grief Justice and four Associate Justices.
William r. FairclOJh IS chief Justice, and
l. Republican, as is d. Vi. Furches ard
Robert NJ. Douglas. Walter Clark is a
IarulstIc Democrat, and Walter a Mont
t5'u.ly POuullSt Should the decision be
N.h TIE Republicans il viii put the party
OBJ us i-rl and enable il 10 make an even
i-l' next Year for the State, and make
Tie defeat Of the proposed constitutional
amendment almost certain.