The St. Louis Republic., 1901-05-08
YATES CONTENDS THAT
APPOINTMENTS ARE VALID.

omit the name of Doctor Walter Watson of
A'pI 1 merely quote the references to the Con-
stitution made by Governor Yates. and
venture the opinion that If he will submit
the questions to Attorney General Hamlin
or TO any Supreme Justice or Circuit Judge
IN IN the Slate. he will discover he is in error
Legal Point Involved.
Section Is of article of the Corstitu-
ticn provides that: No person elected to
the General Assembly shall receive any
civi, appointment within this State from
the Governor, the Governor and Senate, or
from the General Assembly. during the
such appointments and all votes given for
any such members for any such office or
appointment shall be void
During the term for which he shall be
elected Is defined by section 6 of article 4.
as follows:
..The state shall be divided into Hfty-one
senatorial districts. each of which shall
elect one Senator. whose term of Office shall
bo yo,,r years The House of Rep
reseutatiyes shall consist of three times the
number of the members of the Senate and
the term of office shall be two years
All Representatives We're elected in No
yeuber. 1900. Senator's were elected In No
yenlber 1895. and November 1900.
Governors Distinction.
The Governors distinction between an
'ofiice and an employment" is found in
section "a of article 5. as follows:
IAN office is public position created by
the Constitution or law. continuing during
the pleasure of the appointing power. or for
4 fixed time. with a successor elected or
appointed. An employment is an agency
for a temporary purpose. which ceases
when that purpose Is accomplished"
Trustees, commissioners or managers of
State institutions. who eXpend State money
are created by the enactment of bills in the
Legislature and become laws or statutes
when the requirements of the Constitution
are fulfilled.
The authority vested in the Governor to
select Commissioners of the Worlds Fair
at st. Louis was obtained by virtue of n
law, constitutionally enacted. directing
him to appoint Commissioners to control
the expenditure of 100000. The Office of
Worlds Fair commissioner continues for
a fixed time 1t is also for a temporary
purpose, which ceases when that purpose IS
accomplished" 1t will strike most people
that there IS n distinction without differ
ence between "ofIlce" and employment in
this particular case. and that as matter
of law and fact Worlds Fair Commission
ers are officers of the State. actually ap-
statute of the state.
There are probably some court decisions
on the subject Anyhow. 1t is a matter of
great interest to the people of Illinois at
PEELED to withdraw his present list of
Commissioners and omit members of the
General Assembly in the new one. nobody
need be surprised. I do not believe he
wants to do this, nor will he do it unless
1t is made plain to him that he is violating
the word and spirit of the Constitution.
IL
and his appointment of the Commission
ers is in good faith.
1t will not be an easy thing to convince
him that he has done wrong in these ap-
pointments.
Exhibit Not Jeoparlized.
So far as vitiating the law on account of
the appointment of members who voted for
It. there can be nothing in such a position.
The bill had thirty-seven votes In the Sen
ate. when 1t NEEDED only twenty-six The
Governor has appointed only five Senators,
and II all of them voted for 1t and their
votes are subtracted from the thirty-seven
recorded for 1t. the measure still had near
ly two-thirds ma ajority. In the House the
measure had 112 votes. believe-probably
more. 1t needed only seventy-seyen Six
Representatives In the House are appointed
Commissioners.
Before the commissions are issued next
July. Governor Yates will doubtless care
fully consider every phase of the question,
and then reach a decision that will stand.
Ystes's Secretary Resigns.
Fred II. Rowe, chairman of the Republi-
can State Central Committee has resigned
his position as private secretary to Gov
ernor Yates. and has been appointed attor-
ney for the Insurance Department. Mr..
Rowe will maintain an office in Chicago.
bis successor as private secretary to the
Governor probably will not DE named for
some time. -.
J. l. PICKERING.