The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-08-18

the State or N ationals Constitution" vir-
ginia-T Tennessee Coal and ] ron Company
We Nj elland, /, g8 Va,
ss 1t Us also q milrar doctrine that egis-
la tive construct lon s Of the Constitution
is@under certain acircumatances$o OF great
Importance In !. constitutional exegesi s
Am. and Eng. Ercy. OF Law s32, and
cases cited In note 81 !.
Well Settled D Distinctions. .
The following decisions * empli the
general rule: 8.fsa 3gs "a
5S',That this is the true construction
OF the onstltution is also shown by the !
exposition OF II BY the
Legislature. which Eassembled inme date-3
Ely after its adoption, and organ zed the
departments OF government according to
Its provisions. m Oh ahoon ys: Common
wealth, 81 Gratts ss22. S27-s2S.. % "a
1.-The construction placed son the Con-
stitution$ OF thes State by the Legislature
thereof is entitled Ito cor sideration, and,
ia case OF should be influential In
Its construction,ttbutSSc cannot be permit
ted to .oyerturn4fplain language G. - v Day
VS.. Roberts, y1o1 Va 248 Ii " u st
Furthermore, "A t has been declared that
when a State legislature is authorized
by the Constitu ton to esta bills = y ONE e
THE failure q to expressly ,authort DE 4. the
prescribing OF quail nca tiona Therefor does
NOT implledly preclude ~ the exercise 81
tina Ipower,.', 6 Am. and Eng. .Ency. OF
Law, 1874, citing State Vs. Allister, V
w. Va. 485. s. # s3. ss.. III \,
q The court In that case recognizes the
well settled distinction between the rules
OF construction appli ca BILE TO \ q graz o. o.
power by tho Federal Constitution !, 70
Congress and by the state Constltutt.on
to the General Assembly holding that the
power OF the Legislature Is 81 preme ex-
cept where restrained by the Constitu-
tion. &. IA 5tt5 I'll s35i s. "a ID
we entertain no doubt that in the "a b.
sence OF constitutional authority It would
be entirely within the compel encyi q the
General Assenbl ~! ,of II glnla TO estab-
%llsh and officer Bureau OF lns!uranoe;
and, In our opinion, there " noslhing ~
either expressly ], OF. by fair Implication
limits that power; Y, 3s III e ~
Language Is General
The language in question ,4t when s de-
clares that the General Assembly may
nestablish within the department, and
subject to the supervision and control
q the commission, subordinate divisions
or bureaus OF insurance, banking y 4. Or Or
other special branches x OF the business
Of, that department. ts general and at.
taches no limitation to- the exercise OF
"a = g is 3
AS remarked. the General Assembly,
subject only to clear constitu ttonal llHl-;
tatIon, is supreme and its author1t to
"eptahlsh' q ..bureau' ii dfj ins urance,S
without qualifying proyislo Ions. q Itself
Imports the org anlzat ton Of an ofrlcera gt
department u. ~ ii, ais s.8t
IN Webster'sG international Dict Ionary
the verb ITO establish \ is def ned 81 TO
appoint or constitute for perma nenee, Z as
officers, laws, reg1lla lions, " ETC. And the
Same high authority gives as the uiy ,a
lent OF "bureaun: a department Of PUBLIC
business requiring q force OF clerk INC
body Of OFFICIALS ID IN a department. who
labor under tho I. direction OF chief. III
Bowler. In hts Law Dictionary, says
of the word "bureau" In the classifl-
cation of the ministerial officers Of goY-
eminent. and In the distribution q 8du ties
among them, a bureau " understood %
/ be a division Of one Of the great depart.
ments of which the secretaries pr ch'ef
officers constitute the cabinet 5 IS,
A Fair Deduction, si
IT Is a fair deduction, therefore. from
these definitions, that the word "bnreau,'n
in the connection and sense In which i
is used In the Constitution, implies not
merely a division Where pusln ess ls 70
be conducted under. certain Ehles ana
regulations. but includes the operating
force as WELL At all events, u y was
the Intention Of the CoRstl tution!al Con-
vention to use the word 'bureau' ~ ,ts
narrower sense, and thereby deprive me
General Assembly 81 an ae I,ls Ns !.