Pine Bluff daily graphic., 1904-01-03

II - ~ hAicN II t@tpt tiiG ldfot IL i0ttl=
ture ma le provision for digesting the
statutes of the state and named both |
a dig er and an examiner to Go the
work required.
TIE act by which these appoint :
mems we're made by the legislature /
was approved by the governor, who !
thus Hferentially approved the con-
tentien that the legislature has in
some cases power to make appoint
men,s and that a statute wnicn az
tempts to confer this power is not
necessarily unconstitutional and void
on that account.
1t being settled by the language of
the constitution itself that the legisla-
ture may to some extent exercise the
appointing power, let us see if the
power to appoint commissioners to
serve on board such as the one
created by this act has been conferred
upon the governor in such way by
llC SOAolAIuIloA oO do " ~ oulDAL ClIS
legislature from making the selection.
There are only two SECTIONS of the con-
stitution quoted by counsel for ap-
pellants as comforting this power upon
the governor. One of these is as fol
lows:
s.When any Office, from any cause,
may become vacant, and no mode IS
provided by the constitution and laws
for filing such vacancy, the governor
shall have the power to fill the same
by granting commission, which shall
expire when the person elected to fill
said Office at the next general election,
shall be duly qualified"
The other section quoted is one of
the amendments to the constitution,
and is in the following language, to-
wit:
The governor shall, in case a va
cancy occurs in any state, district,
county 2r township office in the state,
either by death, resignation or other
wise, fill the same by appointment, to
he in force until the next general cleo
tion.''
Both Of these provisions by their
terms plainly refer to elective offices,
to those state, county, township and
ether offices, the incumbents of which
are selected by election at regular in
! terval. Neither Of these sections. we
think, has reference to commissioners
such as the members of the state capi
tol beard, board created fer SPECIAL
purpose, the members Of which are not
elective, and whose terms and Offices
VIII both expire with the completion
Of the work for which the board was
created. If no mode for the selection
| Of this board had been provided it may
be that the governor under the first
section quoted would have had the
] power to make the appointments, but
, We need not concern ourselves with
that matter here, for in this case the
statute expressly points out the
method by which these commissioners
shall be selected.
In conclusion, we viii say that ccun-
sci on both sides of this controversy
have favored us with elaborate briefs,
in which a large number Of cases,
more Or less similar to this one. have
been decided by the courts of other
states. We have read those briefs
with much interest, but as this case
seems t. be conclusively settled by
the language of our own constitution,
we deem it unnecessary to go into a
discussion of the cases referred to by
counsel. Nor do we think it is neces-
sary to undertake to define what is
meant by the term public office or off.
Ger, as counsel has invited us to do, for
whether the members of this board
can be said to be public officers or not.
it is certain that though the duties
! deFolYing upon them are of great i'm
poNance the positions they hold are
| OF such a peculiar and limited kind
| that they do rot come within the pro-
visions in reference to the regular
! Offices of the state found in the consti-
tuition. AS we see it, there is moth
| ing in the constitution which forbids
! that members cf such a. board shall
be selected by the legislature. The
method of selecting the members of
such boards is a matter left to the dis
erection of the legislature, which can